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108th CONGRESS
2d Session
H. R. 5413
To amend the Immigration and Nationality Act to provide greater
protections to domestic and foreign workers under the H-1B nonimmigrant
worker program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2004
Mr. Pascrell introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide greater
protections to domestic and foreign workers under the H-1B nonimmigrant
worker program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WAGE DETERMINATION.
(a) Change in Minimum Wages.--Section 212(n)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to
read as follows:
``(A) The employer--
``(i) is offering and will offer during the period
of authorized employment to aliens admitted or provided
status as an H-1B nonimmigrant wages that are at
least--
``(I) the locally determined prevailing
wage level for the occupational classification
in the area of employment;
``(II) the median average wage for all
workers in the occupational classification in
the area of employment; or
``(III) the median wage for skill level two
in the occupational classification found in the
most recent Occupational Employment Statistics
survey;
whichever is greatest, based on the best information
available as of the time of filing of the application;
and
``(ii) will provide working conditions for such
nonimmigrant that will not adversely affect the working
conditions of workers similarly employed.''.
The wage determination methodology used under clause (i) shall
be submitted with the application.
(b) Provision of W-2 Forms.--Section 212(n)(1) of such Act (8
U.S.C. 1182(n)(1)) is amended by adding at the end the following new
subparagraph:
``(H) If the employer employed, in such previous period as
the Secretary shall specify, one or more H-1B nonimmigrants,
the application shall be accompanied by the Internal Revenue
Service Form W-2 Wage and Tax Statement filed by the employer
with respect to such nonimmigrants for such period.''.
SEC. 2. GOOD FAITH RECRUITMENT REQUIREMENT.
(a) Extending Time Period for No Displacement.--Section 212(n) of
the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended--
(1) in paragraph (1)(E)(i), by striking ``90 days'' and
inserting ``180 days'' each place it appears; and
(2) in paragraph (2)(C)(iii), in the matter before
subclause (I), by striking ``90 days'' and inserting ``180
days'' each place it appears .
(b) Requiring Active Requirement.--Section 212(n)(1)(G)(i)(I) of
such Act (8 U.S.C. 1182(n)(1)(G)(i)(I)) is amended by inserting
``actively'' before ``recruit''.
(c) Prohibition of Outplacement.--Section 212(n)(1)(F) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(F)) is amended to
read as follows:
``(F) An employer shall not place, out-source, lease, or
otherwise contract for the placement of an alien admitted or
provided status as an H-1B nonimmigrant with another employer,
regardless of whether or not such other employer is an H-1B-
dependent employer.''.
SEC. 3. LABOR ENFORCEMENT.
(a) Centralization of Administrative and Enforcement Functions.--
Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)) is amended by adding at the end the following new
subparagraph:
``(I) The Secretary shall be responsible under this paragraph for
investigations of wage complaints, as well as investigations of
allegations of fraud in the filing of applications under this
subsection.''.
(b) Audits.--Section 212(n)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)(A)) is amended by adding at the
end the following new sentences: ``In addition, the Secretary may
conduct surveys of the level of compliance by employers with the
provisions and requirements of this subsection and may conduct annual
compliance audits in the case of employers that employ H-1B
nonimmigrants. In the case of an employer that employs H-1B
nonimmigrants that represent 15 percent or more of the total number of
individuals employed by the employer, the Secretary shall conduct
annual compliance audits of such employer.''.
SEC. 4. MAKING H-1B NONIMMIGRANT PETITIONER FEE PERMANENT.
(a) In General.--Section 214(c)(9)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(9)(A)), in the matter immediately
preceding clause (i), is amended by striking ``October 1, 2003''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to petitions filed beginning on or after January 1 of the year
beginning after the date of the enactment of this Act.
SEC. 5. PRIVATE RIGHT OF ACTION.
Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)) is amended by adding at the end the following new
subparagraph:
``(I) In addition to any other remedies available under this
paragraph, a person who is harmed by a violation by an employer of a
requirement of this subsection may bring a civil action against the
employer in any court of competent jurisdiction for damages or other
appropriate relief.''.
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