TITLE IV:REFORMS TO NONIMMIGRANT VISA PROGRAMS

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§ 4225 : TRANSPARENCY OF HIGH-SKILLED IMMIGRATION PROGRAMS.


[Hatch10/Schumer]

Section 416(c) of the American Competitiveness and Workforce Improvement Act of 1998 (8 U.S.C. 1184 note) is amended—

1.

by amending paragraph (2) to read as follows:

2.

ANNUAL H–1B NONIMMIGRANT CHARACTERISTICS REPORT.—The Bureau of Immigration and Labor Market Research 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—

A.

information on the countries of origin of, occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) during the previous fiscal year;

B.

a list of all employers who petition for H–1B visas, the number of such petitions filed and approved for each such employer, the occupational classifications for the approved positions, and the number of H–1B nonimmigrants for whom each such employer files for adjustment to permanent resident status;

C.

the number of immigrant status petitions filed during the prior year on behalf of H– 1B nonimmigrants;

D.

a list of all employers who are H–1Bdependent employers;

E.

a list of all employers who are H–1B skilled worker dependent employers;

F.

a list of all employers for whom more than 30 percent of their United States workforce is H–1B or L–1 nonimmigrants;

G.

a list of all employers for whom more than 50 percent of their United States workforce is H–1B or L–1 nonimmigrants;

H.

a gender breakdown by occupation and by country of H–1B nonimmigrants;

I.

a list of all employers who have been approved to conduct outplacement of H–1B nonimmigrants; and

J.

the number of H–1B nonimmigrants categorized by their highest level of education and whether such education was obtained in the United States or in a foreign country.

2.

by redesignating paragraph (3) as paragraph (5);

3.

by inserting after paragraph (2) the following:

3.

ANNUAL L–1 NONIMMIGRANT CHARACTERISTICS REPORT.—The Bureau of Immigration and Labor Market Research 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—

A.

information on the countries of origin of, occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided —nonimmigrant status under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) during the previous fiscal year;

B.

a list of all employers who petition for L–1 visas, the number of such petitions filed and approved for each such employer, the occupational classifications for the approved positions, and the number of L–1 nonimmigrants for whom each such employer files for adjustment to permanent resident status;

C.

the number of immigrant status petitions filed during the prior year on behalf of L– 1 nonimmigrants;

D.

a list of all employers who are L–1 dependent employers;

E.

a gender breakdown by occupation and by country of L–1 nonimmigrants;

F.

a list of all employers who have been approved to conduct outplacement of L–1 nonimmigrants; and

G.

the number of L–1 nonimmigrants categorized by their highest level of education and whether such education was obtained in the United States or in a foreign country.

4.

ANNUAL EMPLOYER SURVEY.—The Bureau of Immigration and Labor Market Research shall—

A.

conduct an annual survey of employers hiring foreign nationals under the L–1 visa program; and

B.

shall issue an annual report that—

i.

describes the methods employers are using to meet the requirement of taking good faith steps to recruit United States workers for the occupational classification for which the nonimmigrants are sought, using procedures that meet industry-wide standards;

ii.

describes the best practices for recruiting among employers; and

iii.

contains recommendations on which recruiting steps employers can take to maximize the likelihood of hiring American workers.

; and

4.

in paragraph (5), as redesignated, by striking paragraph (2) and inserting paragraphs (2) and (3).

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