,i #aagth ,,congress #ast ,session ,h4 ,r4 #chig ,,in ,,the ,,house ,,of ,,representatives ,june #ae1 #bjba,mr4 ,cuellar 7for himself1 ,mr4 ,joyce of ,ohio1 ,mr4 ,keating1 ,mr4 ,chabot1 ,ms4 ,pingree1 and ,mr4 ,harris7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to make improvements to the ,h-#b;,b nonimmigrant worker program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,h-#b;,b ,returning ,worker ,exception ,act of #bjba4 #b4 ,definitions ,for purposes of this ,act3 7#a7 ,the term ,h-#b;,b1 when used with respect to a worker or other individual1 refers an alien admitted or provided status as a nonimmigrant described in section #aja7;a77#ae7;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b774 ,such term1 when used with respect to a petition1 procedure1 process1 program1 or visa1 refers to a petition1 procedure1 process1 program1 or visa related to admission or provision of status under such section4 7#b7 ,the term job order means the document containing the material terms and conditions of employment1 including obligations and assurances required under this ,act or any other law4 7#c7 ,the term ,united ,states worker means any employee who is-- 7,a7 a national of the ,united ,states 7as defined in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb7772 or 7,b7 an alien lawfully admitted for permanent residence1 is admitted as a refugee under section #bjg of such ,act 7#h ,u4,s4,c4 #aaeg71 is granted asylum under section #bjh of such ,act 7#h ,u4,s4,c4 #aaeh71 or is an immigrant otherwise authorized by the immigration laws 7as defined in section #aja7;a77#ag7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ag777 or the ,secretary of ,homeland ,security to be employed4 #c4 ,h-#b;,b cap relief 7a7 ,h-#b;,b numerical limitations ,section #bad7;g77#i77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#i77;,a77 is amended-- 7#a7 by striking fiscal year #bjac1 #bjad1 or #bjae and inserting #a of the #c preceding fiscal years2 and 7#b7 by striking fiscal year #bjaf and inserting a fiscal year4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,october #a1 #bjba4 ,if this section is enacted after such date1 the amendment made by subsection 7a7 shall take effect as if enacted on such date4 #d4 ,increased sanctions for willful misrepresentation or failure to meet the requirements for petitioning for an ,h-#b;,b worker ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended-- 7#a7 in subsection 7c77#ac77;,b71 by striking #aej and inserting #cej2 and 7#b7 in subsection 7c77#ad77;,a77i71 by striking may1 in addition to any other remedy authorized by law1 impose such administrative remedies 7including civil monetary penalties in an amount not to exceed #aj1jjj per violation7 and inserting shall impose civil monetary penalties in an amount of not less than #a1jjj but not to exceed #aj1jjj per violation1 in addition to any other remedy authorized by law1 and may impose such other administrative remedies4 #e4 ,reduction of paperwork burden 7a7 ,streamlined ,h-#b;,b platform 7#a7 ,in general ,not later than #ab months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 the ,secretary of ,state1 and the ,administrator of the ,united ,states ,digital ,service1 shall ensure the establishment of an electronic platform through which employers may submit and request approval of an ,h-#b;,b petition4 ,such platform shall-- 7,a7 serve as a single point of access for employers to input all information and supporting documentation required for obtaining labor certification from the ,secretary of ,labor and the adjudication of the petition by the ,secretary of ,homeland ,security2 7,b7 serve as a single point of access for the ,secretary of ,homeland ,security1 the ,secretary of ,labor1 the ,secretary of ,state1 and ,state workforce agencies concurrently to perform their respective review and adjudicatory responsibilities in the petition process2 7,c7 facilitate communication between employers and agency adjudicators1 including by allowing employers to-- 7i7 receive and respond to notices of deficiency and requests for information2 7ii7 receive notices of approval and denial2 and 7iii7 request reconsideration or appeal of agency decisions2 and 7,d7 provide information to the ,secretary of ,state and the ,secretary of ,homeland ,security necessary for the efficient and secure processing of ,h-#b;,b visas and applications for admission4 7#b7 ,objectives ,in developing the platform described in paragraph 7#a71 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 the ,secretary of ,state1 and the ,administrator of the ,united ,states ,digital ,service1 shall make an effort to streamline and improve the ,h-#b;,b process1 including by-- 7,a7 eliminating the need for employers to submit duplicate information and documentation to multiple agencies2 7,b7 reducing common petition errors1 and otherwise improving and expediting the processing of ,h-#b;,b petitions2 7,c7 ensuring compliance with ,h-#b;,b program requirements and the protection of the wages and working conditions of workers2 and 7,d7 eliminating unnecessary government waste4 7#c7 ,enhancement of existing platform ,if the ,secretary of ,homeland ,security1 the ,secretary of ,labor1 the ,secretary of ,state1 or the ,state workforce agencies already have an electronic platform with respect to the ,h-#b;,b process on the date of the enactment of this ,act1 they shall enhance it as necessary so as to ensure that adjudication of an ,h-#b;,b petition may be conducted electronically as specified in this section4 7b7 ,online job registry ,the ,secretary of ,labor shall maintain a publicly-accessible online job registry and database of all job orders submitted by ,h-#b;,b employers4 ,the registry and database shall-- 7#a7 be searchable using relevant criteria1 including the types of jobs needed to be filled1 the dates and locations of need1 and the employers named in the job order2 7#b7 provide an interface for workers in ,english1 ,spanish1 and any other language that the ,secretary of ,labor determines to be appropriate2 and 7#c7 provide for public access of job order certifications4 #f4 ,workplace safety 7a7 ,worksite safety and compliance plan ,if the employer is seeking to employ an ,h-#b;,b worker pursuant to this ,act and the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 the employer shall maintain an effective worksite safety and compliance plan to ensure safety and reduce workplace illnesses1 injuries and fatalities4 ,such plan shall-- 7#a7 be in writing in ,english and1 to the extent necessary1 any language common to a significant portion of the workers if they are not fluent in ,english2 and 7#b7 be posted at a conspicuous location at the worksite and provided to employees prior to the commencement of labor or services4 7b7 ,contents of plan ,the ,secretary of ,labor shall establish by regulation the minimum requirements for the plan described in subsection 7a74 ,such plan shall include measures to-- 7#a7 protect against sexual harassment and violence1 resolve complaints involving harassment or violence1 and protect against retaliation against workers reporting harassment or violence2 and 7#b7 contain other provisions necessary for ensuring workplace safety4 #g4 ,foreign labor recruiting2 prohibition on fees 7a7 ,foreign labor recruiting ,if an employer has engaged any foreign labor contractor or recruiter 7or any agent of such a foreign labor contractor or recruiter7 in the recruitment of ,h-#b;,b workers1 the employer shall disclose the identity and geographic location of such person or entity to the ,secretary of ,labor in accordance with the regulations of the ,secretary4 7b7 ,prohibition against employees paying fees ,neither the employer nor its agents shall seek or receive payment of any kind from any worker for any activity related to the ,h-#b;,b petition process1 including payment of the employer's attorneys' fees1 application fees1 or recruitment costs4 ,an employer and its agents may receive reimbursement for costs that are the responsibility1 and primarily for the benefit1 of the worker1 such as government-required passport fees4 7c7 ,third party contracts ,the employer shall contractually forbid any foreign labor contractor or recruiter 7or any agent of a foreign labor contractor or recruiter7 who the employer engages1 either directly or indirectly1 in the recruitment of ,h-#b;,b workers to seek or receive payments or other compensation from prospective employees4 ,upon learning that a foreign labor contractor or recruiter has collected such payments1 the employer shall terminate any contracts with the foreign labor contractor or recruiter4 #h4 ,program integrity measures 7a7 ,enforcement authority ,with respect to the ,h-#b;,b program1 the ,secretary of ,labor is authorized to take such actions against employers1 including imposing appropriate penalties and seeking monetary and injunctive relief and specific performance of contractual obligations1 as may be necessary to ensure compliance with-- 7#a7 the requirements of this ,act and the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq472 and 7#b7 the applicable terms and conditions of employment4 7b7 ,complaint process 7#a7 ,process ,with respect to the ,h-#b;,b program1 the ,secretary of ,labor shall establish a process for the receipt1 investigation1 and disposition of complaints alleging failure of an employer to comply with-- 7,a7 the requirements of this ,act and the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq472 and 7,b7 the applicable terms and conditions of employment4 7#b7 ,filing ,any aggrieved person or organization1 including a bargaining representative1 may file a complaint referred to in paragraph 7#a7 not later than #b years after the date of the conduct that is the subject of the complaint4 7#c7 ,complaint not exclusive ,a complaint filed under this subsection is not an exclusive remedy and the filing of such a complaint does not waive any rights or remedies of the aggrieved party under this law or other laws4 7#d7 ,decision and remedies ,if the ,secretary of ,labor finds1 after notice and opportunity for a hearing1 that the employer failed to comply with the requirements of this ,act1 the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 or the terms and conditions of employment1 the ,secretary of ,labor shall require payment of unpaid wages1 unpaid benefits1 damages1 and civil money penalties4 ,the ,secretary is also authorized to impose other administrative remedies1 including disqualification of the employer from utilizing the ,h-#b;,b program for a period of up to #e years in the event of willful or multiple material violations4 ,the ,secretary is authorized to permanently disqualify an employer from utilizing the ,h-#b;,b program upon a subsequent finding involving willful or multiple material violations4 7#e7 ,disposition of penalties ,to the extent provided in advance in appropriations ,acts1 civil penalties collected under this subsection shall be used by the ,secretary of ,labor for the administration and enforcement of the provisions of this section4 7#f7 ,statutory construction ,nothing in this subsection may be construed as limiting the authority of the ,secretary of ,labor to conduct an investigation in the absence of a complaint4 7#g7 ,retaliation prohibited ,it is a violation of this subsection for any person to intimidate1 threaten1 restrain1 coerce1 blacklist1 discharge1 or in any other manner discriminate against1 or to cause any person to intimidate1 threaten1 restrain1 coerce1 blacklist1 or in any manner discriminate against1 an employee1 including a former employee or an applicant for employment1 because the employee-- 7,a7 has disclosed information to the employer1 or to any other person1 that the employee reasonably believes evidences a violation of the immigration laws relating to the ,h-#b;,b program1 or any rule or regulation relating to such program2 7,b7 has filed a complaint concerning the employer's compliance with the immigration laws relating to the ,h-#b;,b program1 or any rule or regulation relating to such program2 7,c7 cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer's compliance with the immigration laws relating to the ,h-#b;,b program1 or any rule or regulation relating to such program2 or 7,d7 has taken steps to exercise or assert any right or protection under the provisions of this section1 or any rule or regulation pertaining to this section1 or any other relevant ,federal1 ,state1 or local law4 7c7 ,interagency communication ,the ,secretary of ,labor1 in consultation with the ,secretary of ,homeland ,security1 ,secretary of ,state and the ,equal ,employment ,opportunity ,commission1 shall establish mechanisms by which the agencies and their components share information1 including by public electronic means1 regarding complaints1 studies1 investigations1 findings and remedies regarding compliance by employers with the requirements of the ,h-#b;,b program and other employment-related laws and regulations4 #i4 ,program eligibility 7a7 ,in general ,a petition filed by an employer under subsection 7c77#a7 initially to grant an alien nonimmigrant status under section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b771 or to extend or change to such status1 may be approved only for nationals of countries that the ,secretary of ,homeland ,security has designated as participating countries1 with the concurrence of the ,secretary of ,state1 in a notice published in the ,federal ,register1 taking into account for each such country factors1 including-- 7#a7 the fraud rate relating to petitions under section #aja7;a77#ae77;,h77ii7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77 filed for by nationals of the country and visa applications under such section filed by nationals of the country2 7#b7 the denial rate of visa applications under such section #aja7;a77#ae77;,h77ii7 filed by nationals of the country2 7#c7 the overstay rate of nationals of the country who were admitted to the ,united ,states under such section #aja7;a77#ae77;,h77ii72 7#d7 the number of nationals of the country who were admitted to the ,united ,states under such section #aja7;a77#ae77;,h77ii7 and who were reported by their employers to-- 7,a7 have failed to report to work within #e workdays of the employment start date on the petition or within #e workdays of the date on which the worker is admitted into the ,united ,states pursuant to the petition1 whichever is later2 or 7,b7 have not reported for work for a period of #e consecutive workdays without the consent of the employer2 7#e7 the number of final and unexecuted orders of removal against citizens1 subjects1 nationals1 and residents of the country2 and 7#f7 such other factors as may serve the ,united ,states interest4 7b7 ,limitation ,a country may not be included on the list described in subsection 7a7 if the country denies or unreasonably delays the repatriation of aliens who are subject to a final order of removal and who are citizens1 subjects1 nationals or residents of that country4 7c7 ,statistics ,the ,secretary of ,homeland ,security shall include in the notice described in subsection 7a71 for each country included in the list of participating countries1 the statistics referenced in paragraphs 7#a7 through 7#e7 of that subsection1 if available1 for the immediately preceding fiscal year4 7d7 ,national from a country not on the list ,a national from a country not on the list described in subsection 7a7 may be a beneficiary of an approved petition under such section #aja7;a77#ae77;,h77ii7 upon the request of a petitioner or potential petitioner1 if the ,secretary of ,homeland ,security1 in his sole and unreviewable discretion1 determines that it is in the ,united ,states interest for that alien to be a beneficiary of such petition4 ,determination of such a ,united ,states interest will take into account factors1 including but not limited to-- 7#a7 evidence from the petitioner demonstrating that a worker with the required skills is not available from among foreign workers from a country currently on the list described in subsection 7a72 7#b7 evidence that the beneficiary has been admitted to the ,united ,states previously in status under such section #aja7;a77#ae77;,h77ii72 7#c7 the potential for abuse1 fraud1 or other harm to the integrity of the visa program under such section #aja7;a77#ae77;,h77ii7 through the potential admission of a beneficiary from a country not currently on the list2 and 7#d7 such other factors as may serve the ,united ,states interest4 7e7 ,duration ,once published1 any designation of participating countries pursuant to subsection 7a7 shall be effective for one year after the date of publication in the ,federal ,register and shall be without effect at the end of that one-year period4 #aj4 ,h-#b;,b employer notification requirement 7a7 ,in general ,an employer of one or more ,h-#b;,b workers shall1 within three business days1 make electronic notification1 in the manner prescribed by the ,secretary of ,homeland ,security1 of the following events3 7#a7 ,such a worker fails to report to work within #e workdays of the employment start date on the petition or within #e workdays of the date on which the worker is admitted into the ,united ,states pursuant to the petition1 whichever is later4 7#b7 ,the labor or services for which such a worker was hired is completed more than #cj days earlier than the employment end date stated on the petition4 7#c7 ,the employment of such a worker is terminated prior to the completion of labor or services for which he or she was hired4 7#d7 ,such a worker has not reported for work for a period of #e consecutive workdays without the consent of the employer4 7b7 ,evidence ,an employer shall retain evidence of a notification described in subsection 7a7 and make it available for inspection by officers of the ,department of ,homeland ,security for a #a-year period beginning on the date of the notification4 7c7 ,penalty ,the ,secretary shall impose civil monetary penalties1 in an amount not less than #ejj per violation and not to exceed #a1jjj per violation1 as the ,secretary determines to be appropriate1 for each instance where the employer cannot demonstrate that it has complied with the notification requirements1 unless1 in the case of an untimely notification1 the employer demonstrates with such notification that good cause existed for the untimely notification1 and the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 waives such penalty4 7d7 ,process ,if the ,secretary has determined that an employer has violated the notification requirements in subsection 7a71 the employer shall be given written notice and #cj days to reply before being given written notice of the assessment of the penalty4 7e7 ,failure ,to pay penalty ,if a penalty described in subsection 7c7 is not paid within #aj days of assessment1 no nonimmigrant or immigrant petition may be processed for that employer1 nor may that employer continue to employ nonimmigrants1 until such penalty is paid4 #aa4 ,authorization of appropriations ,there are authorized to be appropriated for fiscal year #bjbb and each fiscal year thereafter such sums as may be necessary for the purposes of-- 7#a7 recruiting ,united ,states workers for labor or services which might otherwise be performed by ,h-#b;,b workers1 including by ensuring that ,state workforce agencies are sufficiently funded to fulfill their functions under the ,h-#b;,b program2 7#b7 enabling the ,secretary of ,labor to make determinations and certifications under the ,h-#b;,b program in accordance with this ,act and the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 including the operation of the publicly-accessible online job registry and database of job orders described in section #e7;b7 of this ,act2 and 7#c7 monitoring the terms and conditions under which ,h-#b;,b workers 7and ,united ,states workers employed by the same employers7 are employed in the ,united ,states4