§ 4222 : INVESTIGATION, WORKING CONDITIONS, AND PENALTIES

in clause (ii)—

A.

in subclause (I)—

i.

by striking may and inserting shall; and

ii.

by striking $5,000 and inserting $10,000;

B.

in subclause (II), by striking the period at the end and inserting a semicolon and and; and

C.

by adding at the end the following:

III.

an employer that violates such subparagraph (A) shall be liable to any employee harmed by such violations for lost wages and benefits.

in clause (iii)—

A.

in the matter preceding subclause (I), by striking 90 days both places it appears and inserting 180 days;

B.

in subclause (I)—

i.

by striking may and inserting shall; and

ii.

by striking and at the end;

C.

in subclause (II), by striking the period at the end and inserting a semicolon and and; and

D.

by adding at the end the following:

III.

an employer that violates subparagraph (A) of such paragraph shall be liable to any employee harmed by such violations for lost wages and benefits;

in clause (iv)—

A.

by inserting to take, or threaten to take, a personnel action, or before to intimidate;

B.

by inserting (I) after (iv); and

C.

by adding at the end the following:

II.

An employer that violates this clause shall be liable to any employee harmed by such violation for lost wages and benefits.

; and

in clause (vi)—

A.

by amending subclause (I) to read as follows:

I.

It is a violation of this clause for an employer who has filed an application under this subsection—

aa.

to require an H–1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer (the Secretary shall determine whether a required payment is a penalty, and not liquidated damages, pursuant to relevant State law); and

bb.

to fail to offer to an H–1B nonimmigrant, during the nonimmigrant’s period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to similarly situated United States workers, benefits and eligibility for benefits, including—

AA.

the opportunity to participate in health, life, disability, and other insurance plans;

BB.

the opportunity to participate in retirement and savings plans; and

CC.

cash bonuses and noncash compensation, such as stock options (whether or not based on performance).

; and

in subclause (III), by striking $1,000 and inserting $2,000.