,,ii #aafth ,,congress #b;d ,session ,s4 #cggj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ai1 #bjbj,mr4 ,grassley 7for himself1 ,mr4 ,durbin1 ,mr4 ,blumenthal1 ,mr4 ,brown1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to reform and reduce fraud and abuse in certain visa programs for aliens working temporarily in the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,h-#a;,b and ,l-#a ,visa ,reform ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,h-#a;,b visa fraud and abuse protections,subtitle ,a--,h-#a;,b employer application requirements,sec4 #aja4 ,modification of application requirements4,sec4 #ajb4 ,new application requirements4,sec4 #ajc4 ,application review requirements4,sec4 #ajd4 ,h-#a;,b visa allocation4,sec4 #aje4 ,h-#a;,b workers employed by institutions of higher education4,sec4 #ajf4 ,specialty occupation to require an actual degree4,sec4 #ajg4 ,labor condition application fee4,sec4 #ajh4 ,h-#a;,b subpoena authority for the ,department of ,labor4,sec4 #aji4 ,limitation on extension of ,h-#a;,b petition4,sec4 #aaj4 ,elimination of ,b-#a in lieu of ,h-#a4,subtitle ,b--,investigation and disposition of complaints against ,h-#a;,b employers,sec4 #aaa4 ,general modification of procedures for investigation and disposition4,sec4 #aab4 ,investigation1 working conditions1 and penalties4,sec4 #aac4 ,waiver requirements4,sec4 #aad4 ,initiation of investigations4,sec4 #aae4 ,information sharing4,sec4 #aaf4 ,conforming amendment4,subtitle ,c--,other protections,sec4 #aba4 ,posting available positions through the ,department of ,labor4,sec4 #abb4 ,transparency and report on wage system4,sec4 #abc4 ,requirements for information for ,h-#a;,b and ,l-#a nonimmigrants4,sec4 #abd4 ,additional ,department of ,labor employees4,sec4 #abe4 ,technical correction4,sec4 #abf4 ,application4,,title ,,ii--,l-#a visa fraud and abuse protections,sec4 #bja4 ,prohibition on replacement of ,united ,states workers and restricting outplacement of ,l-#a nonimmigrants4,sec4 #bjb4 ,l-#a employer petition requirements for employment at new offices4,sec4 #bjc4 ,cooperation with ,secretary of ,state4,sec4 #bjd4 ,investigation and disposition of complaints against ,l-#a employers4,sec4 #bje4 ,wage rate and working conditions for ,l-#a nonimmigrants4,sec4 #bjf4 ,penalties4,sec4 #bjg4 ,prohibition on retaliation against ,l-#a nonimmigrants4,sec4 #bjh4 ,adjudication by ,department of ,homeland ,security of petitions under blanket petition4,sec4 #bji4 ,reports on employment-based nonimmigrants4,sec4 #baj4 ,specialized knowledge4,sec4 #baa4 ,technical amendments4,sec4 #bab4 ,application4 ,i ,h-#a;,b visa fraud and abuse protections ,a ,h-#a;,b employer application requirements #aja4 ,modification of application requirements 7a7 ,general application requirements ,section #bab7n77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#a77;,a77 is amended to read as follows3 7,a7 ,the employer-- 7i7 is offering and will offer to ,h-#a;,b nonimmigrants1 during the period of authorized employment for each ,h-#a;,b nonimmigrant1 wages that are determined based on the best information available at the time the application is filed and which are not less than the highest of-- 7,i7 the locally determined prevailing wage level for the occupational classification in the area of employment2 7,,ii7 the median wage for all workers in the occupational classification in the area of employment2 and 7,,iii7 the median wage for skill level #b in the occupational classification found in the most recent ,occupational ,employment ,statistics survey2 and 7ii7 will provide working conditions for such ,h-#a;,b nonimmigrant that will not adversely affect the working conditions of ,united ,states workers similarly employed by the employer or by an employer with which such ,h-#a;,b nonimmigrant is placed pursuant to a waiver under paragraph 7#b77;,e74 4 7b7 ,internet posting requirement ,section #bab7n77#a77;,c7 of such ,act is amended-- 7#a7 by redesignating clause 7ii7 as subclause 7,,ii72 7#b7 by striking 7i7 has provided and inserting the following3 7ii7 7,i7 has provided 2 and 7#c7 by inserting before clause 7ii71 as redesignated by paragraph 7#b71 the following3 7i7 has posted on the ,internet website described in paragraph 7#c71 for at least #cj calendar days1 a detailed description of each position for which a nonimmigrant is sought that includes a description of-- 7,i7 the wages and other terms and conditions of employment2 7,,ii7 the minimum education1 training1 experience1 and other requirements for the position2 and 7,,iii7 the process for applying for the position2 and 4 7c7 ,wage determination information ,section #bab7n77#a77;,d7 of such ,act is amended by inserting the wage determination methodology used under subparagraph 7,a77i71 after shall contain4 7d7 ,application of requirements to all employers 7#a7 ,nondisplacement ,section #bab7n77#a77;,e7 of such ,act is amended to read as follows3 7,e7 7i7 ,the employer-- 7,i7 will not at any time replace a ,united ,states worker with #a or more ,h-#a;,b nonimmigrants2 and 7,,ii7 did not displace and will not displace a ,united ,states worker employed by the employer within the period beginning #ahj days before and ending #ahj days after the date of the placement of the nonimmigrant with the employer4 7ii7 ,the #ahj-;day period referred to in clause 7i7 may not include any period of on-site or virtual training of ,h-#a;,b nonimmigrants by employees of the employer4 4 7#b7 ,recruitment ,section #bab7n77#a77;,g77i7 of such ,act is amended by striking ,in the case of an application described in subparagraph 7,e77ii71 subject and inserting ,subject4 7e7 ,waiver requirement ,section #bab7n77#a77;,f7 of such ,act is amended to read as follows3 7,f7 ,the employer will not place1 outsource1 lease1 or otherwise contract for the services or placement of ,h-#a;,b nonimmigrants with another employer1 regardless of the physical location where such services will be performed1 unless the employer of the alien has been granted a waiver under paragraph 7#b77;,e74 4 #ajb4 ,new application requirements ,section #bab7n77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#a771 as amended by section #aja1 is further amended by inserting after subparagraph 7,g77ii7 the following3 7,h7 7i7 ,the employer1 or a person or entity acting on the employer's behalf1 has not advertised any available position specified in the application in an advertisement that states or indicates that-- 7,i7 such position is only available to an individual who is or will be an ,h-#a;,b nonimmigrant2 or 7,,ii7 an individual who is or will be an ,h-#a;,b nonimmigrant shall receive priority or a preference in the hiring process for such position4 7ii7 ,the employer has not primarily recruited individuals who are or who will be ,h-#a;,b nonimmigrants to fill such position4 7,i7 ,if the employer employs #ej or more employees in the ,united ,states-- 7i7 the sum of the number of such employees who are ,h-#a;,b nonimmigrants plus the number of such employees who are nonimmigrants described in section #aja7;a77#ae77,l7 does not exceed #ej percent of the total number of employees2 and 7ii7 the employer's corporate organization has not been restructured to evade the limitation under clause 7i74 7,j7 ,if the employer1 in such previous period as the ,secretary shall specify1 employed #a or more ,h-#a;,b nonimmigrants1 the employer will submit to the ,secretary the ,internal ,revenue ,service ,form ,w-#b ,wage and ,tax ,statements filed by the employer with respect to the ,h-#a;,b nonimmigrants for such period4 4 #ajc4 ,application review requirements 7a7 ,technical amendment ,section #bab7n77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#a771 as amended by sections #aja and #ajb1 is further amended1 in the undesignated paragraph at the end1 by striking ,the employer and inserting the following3 7,k7 ,the employer4 4 7b7 ,application review requirements ,section #bab7n77#a77,k71 as designated by subsection 7a71 is amended-- 7#a7 in the fourth sentence1 by inserting and through the ,department of ,labor's website1 without charge4 after ,d4,c42 7#b7 in the fifth sentence1 by striking only for completeness and inserting for completeness1 indicators of fraud or misrepresentation of material fact12 7#c7 in the sixth sentence-- 7,a7 by striking or obviously inaccurate and inserting 1 presents indicators of fraud or misrepresentation of material fact1 or is obviously inaccurate2 and 7,b7 by striking within #g days of and inserting not later than #ad days after2 and 7#d7 by adding at the end the following3 ,if the ,secretary of ,labor's review of an application identifies indicators of fraud or misrepresentation of material fact1 the ,secretary may conduct an investigation and hearing in accordance with paragraph 7#b744 #ajd4 ,h-#a;,b visa allocation ,section #bad7;g77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#c771 is amended-- 7#a7 by striking the first sentence and inserting the following3 7,a7 ,subject to subparagraph 7,b71 aliens who are subject to the numerical limitations under paragraph 7#a77;,a7 shall be issued visas1 or otherwise provided nonimmigrant status1 in a manner and order established by the ,secretary by regulation4 2 and 7#b7 by adding at the end the following3 7,b7 ,the ,secretary shall consider petitions for nonimmigrant status under section #aja7;a77#ae77;,h77i77b7 in the following order3 7i7 ,petitions for nonimmigrants described in section #aja7;a77#ae77;,f7 who1 while physically present in the ,united ,states1 have earned an advanced degree in a field of science1 technology1 engineering1 or mathematics from a ,united ,states institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 that has been accredited by an accrediting entity that is recognized by the ,department of ,education4 7ii7 ,petitions certifying that the employer will be paying the nonimmigrant the median wage for skill level #d in the occupational classification found in the most recent ,occupational ,employment ,statistics survey4 7iii7 ,petitions for nonimmigrants described in section #aja7;a77#ae77;,f7 who are graduates of any other advanced degree program1 undertaken while physically present in the ,united ,states1 from an institution of higher education described in clause 7i74 7iv7 ,petitions certifying that the employer will be paying the nonimmigrant the median wage for skill level #c in the occupational classification found in the most recent ,occupational ,employment ,statistics survey4 7v7 ,petitions for nonimmigrants described in section #aja7;a77#ae77;,f7 who are graduates of a bachelor's degree program1 undertaken while physically present in the ,united ,states1 in a field of science1 technology1 engineering1 or mathematics from an institution of higher education described in clause 7i74 7vi7 ,petitions for nonimmigrants described in section #aja7;a77#ae77;,f7 who are graduates of bachelor's degree programs1 undertaken while physically present in the ,united ,states1 in any other fields from an institution of higher education described in clause 7i74 7vii7 ,petitions for aliens who will be working in occupations listed in ,group ,i of the ,department of ,labor's ,schedule ,a of occupations in which the ,secretary of ,labor has determined there are not sufficient ,united ,states workers who are able1 willing1 qualified1 and available4 7viii7 ,petitions filed by employers meeting the following criteria of good corporate citizenship and compliance with the immigration laws3 7,i7 ,the employer is in possession of-- 7aa7 a valid ,e-,verify company identification number2 or 7bb7 if the enterprise is using a designated agent to perform ,e-,verify queries1 a valid ,e-,verify client company identification number and documentation from ,u4,s4 ,citizenship and ,immigration ,services that the commercial enterprise is a participant in good standing in the ,e-,verify program4 7,,ii7 ,the employer is not under investigation by any ,federal agency for violation of the immigration laws or labor laws4 7,,iii7 ,a ,federal agency has not determined1 during the immediately preceding #e years1 that the employer violated the immigration laws or labor laws4 7,,iv7 ,during each of the preceding #c fiscal years1 at least #ij percent of the petitions filed by the employer under section #aja7;a77#ae77;,h77i77b7 were approved4 7,v7 ,the employer has filed1 pursuant to section #bjd7;a77#a77;,f71 employment-based immigrant petitions1 including an approved labor certification application under section #bab7;a77#e77;,a71 for at least #ij percent of employees imported under section #aja7;a77#ae77;,h77i77b7 during the preceding #c fiscal years4 7ix7 ,any remaining petitions4 7,c7 ,in this paragraph the term field of science1 technology1 engineering1 or mathematics means a field included in the ,department of ,education's ,classification of ,instructional ,programs taxonomy within the summary groups of computer and information sciences and support services1 engineering1 biological and biomedical sciences1 mathematics and statistics1 and physical sciences4 4 #aje4 ,h-#a;,b workers employed by institutions of higher education ,section #bad7;g77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#e77 is amended by striking is employed 7or has received an offer of employment7 at each place such phrase appears and inserting is employed by 7or has received an offer of employment from74 #ajf4 ,specialty occupation to require an actual degree ,section #bad7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;i77 is amended-- 7#a7 in paragraph 7#a71 by amending subparagraph 7,b7 to read as follows3 7,b7 attainment of a bachelor's or higher degree in the specific specialty directly related to the occupation as a minimum for entry into the occupation in the ,united ,states4 2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,for purposes of section #aja7;a77#ae77;,h77i77b71 the requirements under this paragraph1 with respect to a specialty occupation1 are-- 7,a7 full ,state licensure to practice in the occupation1 if such licensure is required to practice in the occupation2 or 7,b7 if a license is not required to practice in the occupation-- 7i7 completion of a ,united ,states degree described in paragraph 7#a77;,b7 for the occupation2 or 7ii7 completion of a foreign degree that is equivalent to a ,united ,states degree described in paragraph 7#a77;,b7 for the occupation4 4 #ajg4 ,labor condition application fee ,section #bab7n7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n771 as amended by sections #aja through #ajc1 is further amended by adding at the end the following3 7#f7 7,a7 ,the ,secretary of ,labor shall promulgate a regulation that requires applicants under this subsection to pay a reasonable application processing fee4 7,b7 ,all of the fees collected under this paragraph shall be deposited as offsetting receipts within the general fund of the ,treasury in a separate account1 which shall be known as the ,h-#a;,b ,administration1 ,oversight1 ,investigation1 and ,enforcement ,account and shall remain available until expended4 ,the ,secretary of the ,treasury shall refund amounts in such account to the ,secretary of ,labor for salaries and related expenses associated with the administration1 oversight1 investigation1 and enforcement of the ,h-#a;,b nonimmigrant visa program4 4 #ajh4 ,h-#a;,b subpoena authority for the ,department of ,labor ,section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended-- 7#a7 by redesignating subparagraph 7,i7 as subparagraph 7,j72 and 7#b7 by inserting after subparagraph 7,h7 the following3 7,i7 ,the ,secretary of ,labor is authorized to take such actions1 including issuing subpoenas and seeking appropriate injunctive relief and specific performance of contractual obligations1 as may be necessary to ensure employer compliance with the terms and conditions under this subsection4 ,the rights and remedies provided to ,h-#a;,b nonimmigrants under this subsection are in addition to any other contractual or statutory rights and remedies of such nonimmigrants and are not intended to alter or affect such rights and remedies4 4 #aji4 ,limitation on extension of ,h-#a;,b petition ,section #bad7;g77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#d77 is amended to read as follows3 7#d7 7,a7 ,except as provided in subparagraph 7,b71 the period of authorized admission as a nonimmigrant described in section #aja7;a77#ae77;,h77i77b7 may not exceed #c years4 7,b7 ,the period of authorized admission as a nonimmigrant described in subparagraph 7,a7 who is the beneficiary of an approved employment-based immigrant petition under section #bjd7;a77#a77;,f7 may be authorized for a period of up to #c additional years if the total period of stay does not exceed six years1 except for an extension under section #ajd7;c7 or #ajf7;b7 of the ,american ,competitiveness in the ,twenty-first ,century ,act of #bjjj 7#h ,u4,s4,c4 #aahd note74 4 #aaj4 ,elimination of ,b-#a in lieu of ,h-#a ,section #bad7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77 is amended by adding at the end the following3 7#ab7 ,unless otherwise authorized by law1 an alien normally classifiable under section #aja7;a77#ae77;,h77i7 who seeks admission to the ,united ,states to provide services in a specialty occupation described in paragraph 7#a7 or 7#c7 of subsection 7i7 may not be issued a visa or admitted under section #aja7;a77#ae77;,b7 for such purpose4 ,nothing in this paragraph may be construed to authorize the admission of an alien under section #aja7;a77#ae77;,b7 who is coming to the ,united ,states for the purpose of performing skilled or unskilled labor if such admission is not otherwise authorized by law4 4 ,b ,investigation and disposition of complaints against ,h-#a;,b employers #aaa4 ,general modification of procedures for investigation and disposition ,section #bab7n77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77;,a77 is amended-- 7#a7 by striking 7,a7 ,subject and inserting the following3 7,a7 7i7 ,subject 2 7#b7 by striking #ab months and inserting two years2 7#c7 by striking the last sentence2 and 7#d7 by adding at the end the following3 7ii7 7,i7 ,upon the receipt of a complaint under clause 7i71 the ,secretary may initiate an investigation to determine if such failure or misrepresentation has occurred4 7,,ii7 ,in conducting an investigation under subclause 7,i71 the ,secretary may-- 7aa7 conduct surveys of the degree to which employers comply with the requirements under this subsection2 and 7bb7 conduct compliance audits of employers that employ ,h-#a;,b nonimmigrants4 7,,iii7 ,the ,secretary shall-- 7aa7 conduct annual compliance audits of not fewer than #a percent of the employers that employ ,h-#a;,b nonimmigrants during the applicable calendar year2 7bb7 conduct annual compliance audits of each employer with more than #ajj employees who work in the ,united ,states if more than #ae percent of such employees are ,h-#a;,b nonimmigrants2 and 7cc7 make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause4 7iii7 ,the process for receiving complaints under clause 7i7 shall include a hotline that is accessible #bd hours a day1 by telephonic and electronic means4 4 #aab4 ,investigation1 working conditions1 and penalties ,section #bab7n77#b77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77;,c77 is amended-- 7#a7 in clause 7i7-- 7,a7 in the matter preceding subclause 7,i71 by striking a condition of paragraph 7#a77;,b71 7#a77;,e71 or 7#a77;,f71 a substantial failure to meet a condition of paragraph 7#a77;,c71 7#a77;,d71 or 7#a77;,g77i77,i7 and inserting a condition under subparagraph 7,a71 7,b71 7,c71 7,d71 7,e71 7,f71 7,g77i71 7,h71 7,i71 or 7,j7 of paragraph 7#a72 7,b7 in subclause 7,i7-- 7i7 by striking #a1jjj and inserting #e1jjj2 and 7ii7 by striking and at the end2 7,c7 in subclause 7,,ii71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,,iii7 an employer that violates paragraph 7#a77;,a7 shall be liable to the employees harmed by such violation for lost wages and benefits4 2 7#b7 in clause 7ii7-- 7,a7 in subclause 7,i7-- 7i7 by striking may and inserting shall2 and 7ii7 by striking #e1jjj and inserting #be1jjj2 7,b7 in subclause 7,,ii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,,iii7 an employer that violates paragraph 7#a77;,a7 shall be liable to the employees harmed by such violation for lost wages and benefits4 2 7#c7 in clause 7iii7-- 7,a7 in the matter preceding subclause 7,i71 by striking displaced a ,united ,states worker employed by the employer within the period beginning #ij days before and ending #ij days after the date of filing of any visa petition supported by the application and inserting displaced or replaced a ,united ,states worker in violation of subparagraph 7,e72 7,b7 in subclause 7,i7-- 7i7 by striking may and inserting shall2 7ii7 by striking #ce1jjj and inserting #aej1jjj2 and 7iii7 by striking and at the end2 7,c7 in subclause 7,,ii71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,,iii7 an employer that violates paragraph 7#a77;,a7 shall be liable to the employees harmed by such violation for lost wages and benefits4 2 7#d7 by striking clause 7iv7 and inserting the following3 7iv7 7,i7 ,an employer that has filed an application under this subsection violates this clause by taking1 failing to take1 or threatening to take or fail to take a personnel action1 or intimidating1 threatening1 restraining1 coercing1 blacklisting1 discharging1 or discriminating in any other manner against an employee because the employee-- 7aa7 disclosed information that the employee reasonably believes evidences a violation of this subsection or any rule or regulation pertaining to this subsection2 or 7bb7 cooperated or sought to cooperate with the requirements under this subsection or any rule or regulation pertaining to this subsection4 7,,ii7 ,in this subparagraph1 the term employee includes-- 7aa7 a current employee2 7bb7 a former employee2 and 7cc7 an applicant for employment4 7,,iii7 ,an employer that violates this clause shall be liable to the employee harmed by such violation for lost wages and benefits4 2 and 7#e7 in clause 7vi7-- 7,a7 by amending subclause 7,i7 to read as follows3 7,i7 ,it is a violation of this clause for an employer that has filed an application under this subsection-- 7aa7 to require an ,h-#a;,b nonimmigrant to pay a penalty or liquidated damages for ceasing employment with the employer before a date agreed to by the nonimmigrant and the employer2 or 7bb7 to fail to offer to an ,h-#a;,b nonimmigrant1 during the nonimmigrant's period of authorized employment1 on the same basis1 and in accordance with the same criteria1 as the employer offers to ,united ,states workers1 benefits and eligibility for benefits1 including-- 7,,aa7 the opportunity to participate in health1 life1 disability1 and other insurance plans2 7,,bb7 the opportunity to participate in retirement and savings plans2 and 7,,cc7 cash bonuses and noncash compensation1 such as stock options 7whether or not based on performance74 2 and 7,b7 in subclause 7,,iii71 by striking #a1jjj and inserting #e1jjj4 #aac4 ,waiver requirements 7a7 ,in general ,section #bab7n77#b77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77;,e77 is amended to read as follows3 7,e7 7i7 ,the ,secretary of ,labor may waive the prohibition under paragraph 7#a77;,f7 if the ,secretary determines that the employer seeking such waiver has established that-- 7,i7 the employer with which the ,h-#a;,b nonimmigrant would be placed-- 7aa7 does not intend to replace a ,united ,states worker with #a or more ,h-#a;,b nonimmigrants2 and 7bb7 has not displaced1 and does not intend to displace1 a ,united ,states worker employed by the employer within the period beginning #ahj days before the date of the placement of the nonimmigrant with the employer and ending #ahj days after such date 7not including any period of on-site or virtual training of ,h-#a;,b nonimmigrants by employees of the employer72 7,,ii7 the ,h-#a;,b nonimmigrant will be principally controlled and supervised by the petitioning employer2 and 7,,iii7 the placement of the ,h-#a;,b nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with which the ,h-#a;,b nonimmigrant will be placed4 7ii7 ,the ,secretary shall grant or deny a waiver under this subparagraph not later than seven days after the date on which the ,secretary receives an application for such waiver4 4 7b7 ,rulemaking 7#a7 ,rules for waivers ,the ,secretary of ,labor1 after notice and a period for comment1 shall promulgate a final rule for an employer to apply for a waiver under section #bab7n77#b77;,e7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a74 7#b7 ,requirement for publication ,the ,secretary of ,labor shall submit to ,congress1 and publish in the ,federal ,register and in other appropriate media1 a notice of the date on which the rules required under paragraph 7#a7 are promulgated4 #aad4 ,initiation of investigations ,section #bab7n77#b77;,g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77;,g77 is amended-- 7#a7 in clause 7i71 by striking if the ,secretary of ,labor and all that follows and inserting with regard to the employer's compliance with the requirements under this subsection42 7#b7 in clause 7ii71 by striking and whose identity and all that follows through failure or failures4 and inserting the ,secretary may conduct an investigation into the employer's compliance with the requirements under this subsection42 7#c7 in clause 7iii71 by striking the last sentence2 7#d7 by striking clauses 7iv7 and 7v72 7#e7 by redesignating clauses 7vi71 7vii71 and 7viii7 as clauses 7iv71 7v71 and 7vi71 respectively2 7#f7 in clause 7iv71 as redesignated1 by striking meet a condition described in clause 7ii71 unless the ,secretary of ,labor receives the information not later than #ab months and inserting comply with the requirements under this subsection unless the ,secretary of ,labor receives the information not later than #b years2 7#g7 by amending clause 7v71 as redesignated1 to read as follows3 7v7 7,i7 ,except as provided in subclause 7,,ii71 the ,secretary of ,labor shall provide notice to an employer of the intent to conduct an investigation under this subparagraph4 ,such notice shall be provided in such a manner1 and shall contain sufficient detail1 to permit the employer to respond to the allegations before an investigation is commenced4 7,,ii7 ,the ,secretary of ,labor is not required to comply with subclause 7,i7 if the ,secretary determines that such compliance would interfere with an effort by the ,secretary to investigate or secure compliance by the employer with the requirements under this subsection4 7,,iii7 ,a determination by the ,secretary of ,labor under this clause shall not be subject to judicial review4 2 7#h7 in clause 7vi71 as redesignated1 by striking ,an investigation and all that follows through the determination4 and inserting ,if the ,secretary of ,labor1 after an investigation under clause 7i7 or 7ii71 determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection1 the ,secretary1 not later than #abj days after the date of such determination1 shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section #eef of title #e1 ,united ,states ,code42 and 7#i7 by adding at the end the following3 7vii7 ,if the ,secretary of ,labor1 after a hearing1 finds a reasonable basis to believe that the employer has violated the requirements under this subsection1 the ,secretary shall impose a penalty in accordance with subparagraph 7,c74 4 #aae4 ,information sharing ,section #bab7n77#b77;,h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77;,h77 is amended to read as follows3 7,h7 ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall provide the ,secretary of ,labor with any information contained in the materials submitted by employers of ,h-#a;,b nonimmigrants as part of the petition adjudication process that indicates that the employer is not complying with visa program requirements for ,h-#a;,b nonimmigrants4 ,the ,secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph4 4 #aaf4 ,conforming amendment ,section #bab7n77#b77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77;,f77 is amended by striking ,the preceding sentence shall apply to an employer regardless of whether or not the employer is an ,h-#a;,b-dependent employer44 ,c ,other protections #aba4 ,posting available positions through the ,department of ,labor 7a7 ,department of ,labor website ,section #bab7n77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#c77 is amended to read as follows3 7#c7 7,a7 ,not later than #ij days after the date of the enactment of the ,h-#a;,b and ,l-#a ,visa ,reform ,act of #bjbj1 the ,secretary of ,labor shall establish a searchable ,internet website for posting positions in accordance with paragraph 7#a77;,c7 that is available to the public without charge4 7,b7 ,the ,secretary may work with private companies or nonprofit organizations to develop and operate the ,internet website described in subparagraph 7,a74 7,c7 ,the ,secretary may promulgate rules1 after notice and a period for comment1 to carry out this paragraph4 4 7b7 ,publication requirement ,the ,secretary of ,labor shall submit to ,congress1 and publish in the ,federal ,register and in other appropriate media1 a notice of the date on which the internet website required under section #bab7n77#c7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 will be operational4 7c7 ,application ,the amendment made by subsection 7a7 shall apply to any application filed on or after the date that is #cj days after the date described in subsection 7b74 #abb4 ,transparency and report on wage system 7a7 ,immigration documents ,section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 is amended by adding at the end the following3 7m7 ,employer ,to provide immigration paperwork exchanged with ,federal agencies 7#a7 ,in general ,not later than #ba business days after receiving a written request from a former1 current1 or prospective employee of an employer who is the beneficiary of an employment-based nonimmigrant petition filed by the employer1 such employer shall provide such employee or beneficiary with the original 7or a certified copy of the original7 of all petitions1 notices1 and other written communication exchanged between the employer and the ,department of ,labor1 the ,department of ,homeland ,security1 or any other ,federal agency or department that is related to an immigrant or nonimmigrant petition filed by the employer for such employee or beneficiary4 7#b7 ,withholding of financial or proprietary information ,if a document required to be provided to an employee or prospective employee under paragraph 7#a7 includes any sensitive financial or proprietary information of the employer1 the employer may redact such information from the copies provided to such person4 4 7b7 ,,gao report on job classification and wage determinations ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare a report that-- 7#a7 analyzes the accuracy and effectiveness of the ,secretary of ,labor's current job classification and wage determination system2 7#b7 specifically addresses whether the systems in place accurately reflect the complexity of current job types and geographic wage differences2 and 7#c7 makes recommendations concerning necessary updates and modifications4 #abc4 ,requirements for information for ,h-#a;,b and ,l-#a nonimmigrants ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,requirements for information for ,h-#a;,b and ,l-#a nonimmigrants 7#a7 ,in general ,upon issuing a visa to an applicant1 who is outside the ,united ,states1 for nonimmigrant status pursuant to subparagraph 7,h77i77b7 or 7,l7 of section #aja7;a77#ae71 the issuing office shall provide the applicant with-- 7,a7 a brochure outlining the obligations of the applicant's employer and the rights of the applicant with regard to employment under ,federal law1 including labor and wage protections2 7,b7 the contact information for appropriate ,federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights2 and 7,c7 a copy of the petition submitted for the nonimmigrant under section #bab7n7 or the petition submitted for the nonimmigrant under subsection 7c77#b77;,a71 as appropriate4 7#b7 ,applicants inside the united states ,upon the approval of an initial petition filed for an alien who is in the ,united ,states and seeking status under subparagraph 7,h77i77b7 or 7,l7 of section #aja7;a77#ae71 the ,secretary of ,homeland ,security shall provide the applicant with the material described in subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#a74 4 #abd4 ,additional ,department of ,labor employees 7a7 ,in general ,the ,secretary of ,labor is authorized to hire up to #bjj additional employees to administer1 oversee1 investigate1 and enforce programs involving nonimmigrant employees described in section #aja7;a77#ae77;,h77i77b74 7b7 ,source of funds ,the cost of hiring the additional employees authorized to be hired under subsection 7a7 shall be recovered with funds from the ,h-#a;,b ,administration1 ,oversight1 ,investigation1 and ,enforcement ,account established under section #bab7n77#f7 of the ,immigration and ,nationality ,act1 as added by section #ajg4 #abe4 ,technical correction ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by redesignating the second subsection 7t71 as added by section #a7;b77#b77;,b7 of the ,act entitled ,an ,act to amend and extend the ,irish ,peace ,process ,cultural and ,training ,program ,act of #aiih 7,public ,law #ajh-ddi2 #aah ,stat4 #cdgj71 as subsection 7u74 #abf4 ,application ,except as specifically otherwise provided1 the amendments made by this title shall apply to petitions and applications filed on or after the date of the enactment of this ,act4 ,,ii ,l-#a visa fraud and abuse protections #bja4 ,prohibition on replacement of ,united ,states workers and restricting outplacement of ,l-#a nonimmigrants 7a7 ,restriction on outplacement of ,l-#a workers ,section #bad7;c77#b77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77;,f77 is amended to read as follows3 7,f7 7i7 ,unless an employer receives a waiver under clause 7ii71 an employer may not employ an alien1 for a cumulative period exceeding #a year1 who-- 7,i7 will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section #aja7;a77#ae77,l72 and 7,,ii7 will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate1 subsidiary1 or parent1 including pursuant to an outsourcing1 leasing1 or other contracting agreement4 7ii7 ,the ,secretary of ,labor may grant a waiver of the requirements under clause 7i7 if the ,secretary determines that the employer requesting such waiver has established that-- 7,i7 the employer with which the alien referred to in clause 7i7 would be placed-- 7aa7 will not at any time replace a ,united ,states worker with #a or more nonimmigrants described in section #aja7;a77#ae77,l72 and 7bb7 has not displaced and does not intend to displace a ,united ,states worker employed by the employer within the period beginning #ahj days before the date of the placement of such alien with the employer and ending #ahj days after such date 7not including any period of on-site or virtual training of nonimmigrants described in section #aja7;a77#ae77,l7 by employees of the employer72 7,,ii7 such alien will be principally controlled and supervised by the petitioning employer2 and 7,,iii7 the placement of the nonimmigrant is not essentially an arrangement to provide labor for hire for an unaffiliated employer with which the nonimmigrant will be placed1 rather than a placement in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary4 7iii7 ,the ,secretary shall grant or deny a waiver under clause 7ii7 not later than seven days after the date on which the ,secretary receives the application for the waiver4 4 7b7 ,prohibition on replacement of ,united ,states workers ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77 is amended by adding at the end the following3 7,g7 7i7 ,an employer importing an alien as a nonimmigrant under section #aja7;a77#ae77,l7-- 7,i7 may not at any time replace a ,united ,states worker 7as defined in section #bab7n77#d77;,e77 with #a or more such nonimmigrants2 and 7,,ii7 may not displace a ,united ,states worker 7as defined in section #bab7n77#d77;,e77 employed by the employer during the period beginning #ahj days before and ending #ahj days after the date of the placement of such a nonimmigrant with the employer4 7ii7 ,the #ahj-;day period referenced in clause 7i77,,ii7 may not include any period of on-site or virtual training of nonimmigrants described in clause 7i7 by employees of the employer4 4 7c7 ,rulemaking ,the ,secretary of ,homeland ,security1 after notice and a period for comment1 shall promulgate rules for an employer to apply for a waiver under section #bad7;c77#b77;,f77ii71 as added by subsection 7a74 #bjb4 ,l-#a employer petition requirements for employment at new offices ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by section #bja1 is further amended by adding at the end the following3 7,h7 7i7 ,if the beneficiary of a petition under this paragraph is coming to the ,united ,states to open1 or to be employed in1 a new office1 the petition may be approved for up to #ab months only if-- 7,i7 the alien has not been the beneficiary of #b or more petitions under this subparagraph during the immediately preceding #b years2 and 7,,ii7 the employer operating the new office has-- 7aa7 an adequate business plan2 7bb7 sufficient physical premises to carry out the proposed business activities2 and 7cc7 the financial ability to commence doing business immediately upon the approval of the petition4 7ii7 ,an extension of the approval period under clause 7i7 may not be granted until the importing employer submits an application to the ,secretary of ,homeland ,security that contains-- 7,i7 evidence that the importing employer meets the requirements of this subsection2 7,,ii7 evidence that the beneficiary of the petition is eligible for nonimmigrant status under section #aja7;a77#ae77,l72 7,,iii7 a statement summarizing the original petition2 7,,iv7 evidence that the importing employer has fully complied with the business plan submitted under clause 7i77,i72 7,v7 evidence of the truthfulness of any representations made in connection with the filing of the original petition2 7,,vi7 evidence that the importing employer1 for the entire period beginning on the date on which the petition was approved under clause 7i71 has been doing business at the new office through regular1 systematic1 and continuous provision of goods and services2 7,,vii7 a statement of the duties the beneficiary has performed at the new office during the approval period under clause 7i7 and the duties the beneficiary will perform at the new office during the extension period granted under this clause2 7,,viii7 a statement describing the staffing at the new office1 including the number of employees and the types of positions held by such employees2 7,,ix7 evidence of wages paid to employees2 7,x7 evidence of the financial status of the new office2 and 7,,xi7 any other evidence or data prescribed by the ,secretary4 7iii7 ,a new office employing the beneficiary of an ,l-#a petition approved under this paragraph shall do business only through regular1 systematic1 and continuous provision of goods and services for the entire period for which the petition is sought4 7iv7 ,notwithstanding clause 7ii71 and subject to the maximum period of authorized admission set forth in subparagraph 7,d71 the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 may approve a subsequently filed petition on behalf of the beneficiary to continue employment at the office described in this subparagraph for a period beyond the initially granted #ab-month period if the importing employer has been doing business at the new office through regular1 systematic1 and continuous provision of goods and services for the #f months immediately preceding the date of extension petition filing and demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances1 as determined by the ,secretary in the ,secretary's discretion4 4 #bjc4 ,cooperation with ,secretary of ,state ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #bja and #bjb1 is further amended by adding at the end the following3 7,i7 ,the ,secretary of ,homeland ,security shall work cooperatively with the ,secretary of ,state to verify the existence or continued existence of a company or office in the ,united ,states or in a foreign country for purposes of approving petitions under this paragraph4 4 #bjd4 ,investigation and disposition of complaints against ,l-#a employers ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #bja through #bjc1 is further amended by adding at the end the following3 7,j7 7i7 ,the ,secretary of ,homeland ,security may initiate an investigation of any employer that employs nonimmigrants described in section #aja7;a77#ae77,l7 with regard to the employer's compliance with the requirements under this subsection4 7ii7 ,if the ,secretary receives specific credible information from a source who is likely to have knowledge of an employer's practices1 employment conditions1 or compliance with the requirements under this subsection1 the ,secretary may conduct an investigation into the employer's compliance with the requirements of this subsection4 ,the ,secretary may withhold the identity of the source from the employer1 and the source's identity shall not be subject to disclosure under section #eeb of title #e1 ,united ,states ,code4 7iii7 ,the ,secretary shall establish a procedure for any person desiring to provide to the ,secretary information described in clause 7ii7 that may be used1 in whole or in part1 as the basis for the commencement of an investigation described in such clause1 to provide the information in writing on a form developed and provided by the ,secretary and completed by or on behalf of the person4 7iv7 ,no investigation described in clause 7ii7 7or hearing described in clause 7vi7 based on such investigation7 may be conducted with respect to information about a failure to comply with the requirements under this subsection1 unless the ,secretary receives the information not later than #bd months after the date of the alleged failure4 7v7 ,before commencing an investigation of an employer under clause 7i7 or 7ii71 the ,secretary shall provide notice to the employer of the intent to conduct such investigation4 ,the notice shall be provided in such a manner1 and shall contain sufficient detail1 to permit the employer to respond to the allegations before an investigation is commenced4 ,the ,secretary is not required to comply with this clause if the ,secretary determines that to do so would interfere with an effort by the ,secretary to investigate or secure compliance by the employer with the requirements of this subsection4 ,there shall be no judicial review of a determination by the ,secretary under this clause4 7vi7 ,if the ,secretary1 after an investigation under clause 7i7 or 7ii71 determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection1 the ,secretary shall provide the interested parties with notice of such determination and an opportunity for a hearing in accordance with section #eef of title #e1 ,united ,states ,code1 not later than #abj days after the date of such determination4 ,if such a hearing is requested1 the ,secretary shall make a finding concerning the matter by not later than #abj days after the date of the hearing4 7vii7 ,if the ,secretary1 after a hearing1 finds a reasonable basis to believe that the employer has violated the requirements under this subsection1 the ,secretary shall impose a penalty under subparagraph 7,k74 7viii7 7,i7 ,the ,secretary may conduct surveys of the degree to which employers comply with the requirements under this section4 7,,ii7 ,the ,secretary shall-- 7aa7 conduct annual compliance audits of not less than #a percent of the employers that employ nonimmigrants described in section #aja7;a77#ae77,l7 during the applicable fiscal year2 7bb7 conduct annual compliance audits of each employer with more than #ajj employees who work in the ,united ,states if more than #ae percent of such employees are nonimmigrants described in section #aja7;a77#ae77,l72 and 7cc7 make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause4 7ix7 ,the ,secretary is authorized to take other such actions1 including issuing subpoenas and seeking appropriate injunctive relief and specific performance of contractual obligations1 as may be necessary to assure employer compliance with the terms and conditions under this paragraph4 ,the rights and remedies provided to nonimmigrants described in section #aja7;a77#ae77,l7 under this paragraph are in addition to1 and not in lieu of1 any other contractual or statutory rights and remedies of such nonimmigrants1 and are not intended to alter or affect such rights and remedies4 4 #bje4 ,wage rate and working conditions for ,l-#a nonimmigrants 7a7 ,in general ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #bja through #bjd1 is further amended by adding at the end the following3 7,k7 7i7 ,an employer that employs a nonimmigrant described in section #aja7;a77#ae77,l7 for a cumulative period of time in excess of #a year shall-- 7,i7 offer such nonimmigrant1 during the period of authorized employment1 wages1 based on the best information available at the time the application is filed1 which are not less than the highest of-- 7aa7 the locally determined prevailing wage level for the occupational classification in the area of employment2 7bb7 the median wage for all workers in the occupational classification in the area of employment2 and 7cc7 the median wage for skill level #b in the occupational classification found in the most recent ,occupational ,employment ,statistics survey2 and 7,,ii7 provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed by the employer or by an employer with which such nonimmigrant is placed pursuant to a waiver under subparagraph 7,f77ii74 7ii7 ,if an employer1 in such previous period specified by the ,secretary of ,homeland ,security1 employed #a or more such nonimmigrants1 the employer shall provide to the ,secretary of ,homeland ,security the ,internal ,revenue ,service ,form ,w-#b ,wage and ,tax ,statement filed by the employer with respect to such nonimmigrants for such period4 7iii7 ,it is a failure to meet a condition under this subparagraph for an employer who has filed a petition to import #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 to require such a nonimmigrant to pay a penalty or liquidated damages for ceasing employment with the employer before a date mutually agreed to by the nonimmigrant and the employer2 or 7,,ii7 to fail to offer to such a nonimmigrant1 during the nonimmigrant's period of authorized employment1 on the same basis1 and in accordance with the same criteria1 as the employer offers to ,united ,states workers1 benefits and eligibility for benefits1 including-- 7aa7 the opportunity to participate in health1 life1 disability1 and other insurance plans2 7bb7 the opportunity to participate in retirement and savings plans2 and 7cc7 cash bonuses and noncash compensation1 such as stock options 7whether or not based on performance74 4 7b7 ,rulemaking ,the ,secretary of ,homeland ,security1 after notice and a period of comment and taking into consideration any special circumstances relating to intracompany transfers1 shall promulgate rules to implement the requirements under section #bad7;c77#b77,k7 of the ,immigration and ,nationality ,act1 as added by subsection 7a74 #bjf4 ,penalties ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #bja through #bje1 is further amended by adding at the end the following3 7,l7 7i7 ,if the ,secretary of ,homeland ,security determines1 after notice and an opportunity for a hearing1 that an employer failed to meet a condition under subparagraph 7,f71 7,g71 7,k71 or 7,m71 or misrepresented a material fact in a petition to employ #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 the ,secretary shall impose such administrative remedies 7including civil monetary penalties in an amount not to exceed #e1jjj per violation7 as the ,secretary determines to be appropriate2 7,,ii7 the ,secretary may not1 during a period of at least #a year1 approve a petition for that employer to employ #a or more aliens as such nonimmigrants2 and 7,,iii7 in the case of a violation of subparagraph 7,k7 or 7,m71 the employer shall be liable to the employees harmed by such violation for lost wages and benefits4 7ii7 ,if the ,secretary finds1 after notice and an opportunity for a hearing1 a willful failure by an employer to meet a condition under subparagraph 7,f71 7,g71 7,k71 or 7,m7 or a willful misrepresentation of material fact in a petition to employ #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 the ,secretary shall impose such administrative remedies 7including civil monetary penalties in an amount not to exceed #be1jjj per violation7 as the ,secretary determines to be appropriate2 7,,ii7 the ,secretary may not1 during a period of at least #b years1 approve a petition filed for that employer to employ #a or more aliens as such nonimmigrants2 and 7,,iii7 in the case of a violation of subparagraph 7,k7 or 7,m71 the employer shall be liable to the employees harmed by such violation for lost wages and benefits4 4 #bjg4 ,prohibition on retaliation against ,l-#a nonimmigrants ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #bja through #bjf1 is further amended by adding at the end the following3 7,m7 7i7 ,an employer that has filed a petition to import #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7 violates this subparagraph by taking1 failing to take1 or threatening to take or fail to take1 a personnel action1 or intimidating1 threatening1 restraining1 coercing1 blacklisting1 discharging1 or discriminating in any other manner against an employee because the employee-- 7,i7 has disclosed information that the employee reasonably believes evidences a violation of this subsection1 or any rule or regulation pertaining to this subsection2 or 7,,ii7 cooperates or seeks to cooperate with the requirements under this subsection1 or any rule or regulation pertaining to this subsection4 7ii7 ,in this subparagraph1 the term employee includes-- 7,i7 a current employee2 7,,ii7 a former employee2 and 7,,iii7 an applicant for employment4 4 #bjh4 ,adjudication by ,department of ,homeland ,security of petitions under blanket petition 7a7 ,in general ,section #bad7;c77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77;,a77 is amended to read as follows3 7,a7 ,the ,secretary of ,homeland ,security shall establish a procedure under which an importing employer that meets the requirements established by the ,secretary may file a blanket petition to authorize aliens to enter the ,united ,states as nonimmigrants described in section #aja7;a77#ae77,l7 instead of filing individual petitions under paragraph 7#a7 on behalf of such aliens4 ,such procedure shall permit-- 7i7 the expedited processing by the ,secretary of ,state of visas for admission of aliens covered under such blanket petitions2 and 7ii7 the expedited adjudication by the ,secretary of ,homeland ,security of individual petitions covered under such blanket petitions4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to petitions filed on or after the date of the enactment of this ,act4 #bji4 ,reports on employment-based nonimmigrants 7a7 ,in general ,section #bad7;c77#h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#h77 is amended to read as follows-- 7#h7 ,the ,secretary of ,homeland ,security or ,secretary of ,state1 as appropriate1 shall submit an annual report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that describes1 with respect to petitions under subsection 7e7 and each subcategory of subparagraphs 7,h71 7,l71 7,o71 7,p71 and 7,q7 of section #aja7;a77#ae7-- 7,a7 the number of such petitions 7or applications for admission1 in the case of applications by ,canadian nationals seeking admission under subsection 7e7 or section #aja7;a77#ae77,l77 which have been filed2 7,b7 the number of such petitions which have been approved and the number of workers 7by occupation7 included in such approved petitions2 7,c7 the number of such petitions which have been denied and the number of workers 7by occupation7 requested in such denied petitions2 7,d7 the number of such petitions which have been withdrawn2 7,e7 the number of such petitions which are awaiting final action2 7,f7 the number of aliens in the ,united ,states under each subcategory under section #aja7;a77#ae77;,h72 and 7,g7 the number of aliens in the ,united ,states under each subcategory under section #aja7;a77#ae77,l74 4 7b7 ,nonimmigrant characteristics report ,section #daf7;c7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#h ,u4,s4,c4 #aahd note7 is amended-- 7#a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,annual ,h-#a;,b nonimmigrant characteristics report ,the ,secretary of ,homeland ,security shall submit an annual report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that contains-- 7,a7 for the previous fiscal year-- 7i7 information on the countries of origin of1 occupations of1 educational levels attained by1 and compensation paid to1 aliens who were issued visas or provided nonimmigrant status under section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b772 7ii7 a list of all employers who petitioned for ,h-#a;,b workers1 the number of such petitions filed and approved for each such employer1 the occupational classifications for the approved positions1 and the number of ,h-#a;,b nonimmigrants for whom each such employer filed an employment-based immigrant petition pursuant to section #bjd7;a77#a77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,f772 and 7iii7 the number of employment-based immigrant petitions filed pursuant to such section #bjd7;a77#a77;,f7 on behalf of ,h-#a;,b nonimmigrants2 7,b7 a list of all employers for whom more than #ae percent of their ,united ,states workforce is ,h-#a;,b or ,l-#a nonimmigrants2 7,c7 a list of all employers for whom more than #ej percent of their ,united ,states workforce is ,h-#a;,b or ,l-#a nonimmigrants2 7,d7 a gender breakdown by occupation and by country of origin of ,h-#a;,b nonimmigrants2 7,e7 a list of all employers who have been granted a waiver under section #bad7n77#b77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7n77#b77;,e772 and 7,f7 the number of ,h-#a;,b nonimmigrants categorized by their highest level of education and whether such education was obtained in the ,united ,states or in a foreign country4 2 7#b7 by redesignating paragraph 7#c7 as paragraph 7#e72 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,annual ,l-#a nonimmigrant characteristics report ,the ,secretary of ,homeland ,security shall submit an annual report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that contains-- 7,a7 for the previous fiscal year-- 7i7 information on the countries of origin of1 occupations of1 educational levels attained by1 and compensation paid to1 aliens who were issued visas or provided nonimmigrant status under section #aja7;a77#ae77,l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,l772 7ii7 a list of all employers who petitioned for ,l-#a workers1 the number of such petitions filed and approved for each such employer1 the occupational classifications for the approved positions1 and the number of ,l-#a nonimmigrants for whom each such employer filed an employment-based immigrant petition pursuant to section #bjd7;a77#a77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,f772 and 7iii7 the number of employment-based immigrant petitions filed pursuant to such section #bjd7;a77#a77;,f7 on behalf of ,l-#a nonimmigrants2 7,b7 a gender breakdown by occupation and by country of ,l-#a nonimmigrants2 7,c7 a list of all employers who have been granted a waiver under section #bad7;c77#b77;,f77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77;,f77ii772 7,d7 the number of ,l-#a nonimmigrants categorized by their highest level of education and whether such education was obtained in the ,united ,states or in a foreign country2 7,e7 the number of applications that have been filed for each subcategory of nonimmigrant described under section #aja7;a77#ae77,l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,l771 based on an approved blanket petition under section #bad7;c77#b77;,a7 of such ,act2 and 7,f7 the number of applications that have been approved for each subcategory of nonimmigrant described under such section #aja7;a77#ae77,l71 based on an approved blanket petition under such section #bad7;c77#b77;,a74 7#d7 ,annual ,h-#a;,b employer survey ,the ,secretary of ,labor shall-- 7,a7 conduct an annual survey of employers hiring foreign nationals under the ,h-#a;,b visa program2 and 7,b7 issue an annual report that-- 7i7 describes the methods employers are using to meet the requirement under section #bab7n77#a77;,g77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#a77;,g77i77 of taking good faith steps to recruit ,united ,states workers for the occupational classification for which the nonimmigrants are sought1 using procedures that meet industry-wide standards2 7ii7 describes the best practices for recruiting among employers2 and 7iii7 contains recommendations on which recruiting steps employers can take to maximize the likelihood of hiring ,american workers4 2 and 7#d7 in paragraph 7#e71 as redesignated1 by striking paragraph 7#b7 and inserting paragraphs 7#b7 and 7#c74 #baj4 ,specialized knowledge ,section #bad7;c77#b77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77;,b77 is amended to read as follows3 7,b7 7i7 ,for purposes of section #aja7;a77#ae77,l71 the term specialized knowledge-- 7,i7 means knowledge possessed by an individual whose advanced level of expertise and proprietary knowledge of the employer's product1 service1 research1 equipment1 techniques1 management1 or other interests of the employer are not readily available in the ,united ,states labor market2 7,,ii7 is clearly different from those held by others employed in the same or similar occupations2 and 7,,iii7 does not apply to persons who have general knowledge or expertise which enables them merely to produce a product or provide a service4 7ii7 7,i7 ,the ownership of patented products or copyrighted works by a petitioner under section #aja7;a77#ae77,l7 does not establish that a particular employee has specialized knowledge4 ,in order to meet the definition under clause 7i71 the beneficiary shall be a key person with knowledge that is critical for performance of the job duties and is protected from disclosure through patent1 copyright1 or company policy4 7,,ii7 ,different procedures are not proprietary knowledge within this context unless the entire system and philosophy behind the procedures are clearly different from those of other firms1 they are relatively complex1 and they are protected from disclosure to competition4 4 #baa4 ,technical amendments ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77 is amended by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security4 #bab4 ,application ,except as otherwise specifically provided1 the amendments made by this title shall apply to petitions and applications filed on or after the date of the enactment of this ,act4