,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gfhb ,,in ,,the ,,house ,,of ,,representatives ,february #be1 #bjbf,mr4 ,bergman 7for himself1 ,ms4 ,scholten1 and ,mr4 ,moolenaar7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,education and ,workforce1 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 amend the ,immigration and ,nationality ,act to base the numerical limitations for ,h-#b;,b nonimmigrants on economic need1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,closing the ,workforce ,gap ,act of #bjbf4 #b4 ,numerical limitations for ,h-#b;,b nonimmigrants based on economic need 7a7 ,in general ,section #bad7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77 is amended-- 7#a7 by amending paragraph 7#a77;,b7 to read as follows3 7,b7 except as provided in subsection 7s71 under section #aja7;a77#ae77;,h77ii77b7 may not exceed the number of ,department of ,labor certified positions for the previous fiscal year with respect to nonimmigrants described in section #aja7;a77#ae77;,h77ii77b74 2 and 7#b7 in paragraph 7#aj71 by striking #cc1jjj and inserting half of the number described in paragraph 7#a77;,b74 7b7 ,exemption from numerical limitation for rural and seasonal location workers ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,exemption from numerical limitation for ,h-#b;,b rural and seasonal location workers 7#a7 ,exemption from numerical limitation ,the numerical limitation under subsection 7g77#a77;,b7 shall not apply to nonimmigrants described in section #aja7;a77#ae77;,h77ii77b7 who work for an employer in a rural and seasonal location4 7#b7 ,documentation for exemption ,any employer seeking an exemption under paragraph 7#a7 shall submit the relevant documentation to the ,secretary of ,labor during the labor certification approval process4 7#c7 ,verification ,in any labor certification that the ,secretary of ,labor issues to such employer1 the ,secretary shall verify to the ,department of ,homeland ,security the number of cap-exempt positions to which the employer is entitled4 7#d7 ,definition ,in this subsection1 the term rural and seasonal location means an area that-- 7,a7 is not within a metropolitan statistical area1 as designated by the ,office of ,management and ,budget1 or within the outer boundary of any city or town having a population of #bj1jjj or more people according to the most recent decennial census of the ,united ,states2 and 7,b7 has a population on ,january #a or ,july #a that is at least #ej percent higher than the number of residents who continuously live in the area4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this ,act4 #c4 ,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 #d4 ,workplace safety 7a7 ,worksite safety and compliance plan ,if an 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 injuries1 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 #e4 ,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 #f4 ,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 ,state1 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 findings1 and remedies regarding compliance by employers with the requirements of the ,h-#b;,b program and other employment-related laws and regulations4 #g4 ,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 nationals1 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 #h4 ,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 #i4 ,definitions ,for purposes of this ,act3 7#a7 ,the term ,h-#b;,b1 when used with respect to a worker or other individual1 refers to an alien admitted or provided status as a nonimmigrant described in section #aja7;a77#ae77;,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