TITLE IV:REFORMS TO NONIMMIGRANT VISA PROGRAMS

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§ 4232 : REQUIREMENTS FOR INFORMATION FOR H–1B AND L NONIMMIGRANTS


a.

IN GENERAL. — Section 214(8 U.S.C. 1184), as amended by section 3608, is further amended by adding at the end the following:

t.

REQUIREMENTS FOR INFORMATION FOR H–1B AND L NONIMMIGRANTS.—

1.

IN GENERAL.—Upon issuing a visa to an applicant for nonimmigrant status pursuant to subparagraph (H)(i)(b)or (L) of section 101(a)(15)who is outside the United States, the issuing office shall provide the applicant with—

A.

a brochure outlining the obligations of the applicant’s employer and the rights of the applicant with regard to employment under Federal law, including labor and wage protections; and

B.

the contact information for appropriate Federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights.

2.

PROVISION OF MATERIAL.—Upon the approval of an application of an applicant referred to in paragraph (1), the applicant shall be provided with the material described in subparagraphs (A) and (B) of paragraph (1)—

A.

by the issuing officer of the Department of Homeland Security, if the applicant is inside the United States; or

B.

by the appropriate official of the Department of State, if the applicant is outside the United States.

3.

EMPLOYER TO PROVIDE IMMIGRATION PAPERWORK EXCHANGED WITH FEDERAL AGENCIES.—

A.

IN GENERAL.—Not later than 30 days after a labor condition application is filed under section 212(n)(1), an employer shall provide an employee or beneficiary of such application who is or seeking nonimmigrant status under subparagraph (H)(i)(b)or (L) of section 101(a)(15)with a copy the original of all applications and petitions filed by the employer with the Department of Labor or the Department of Homeland Security for such employee or beneficiary.

B.

WITHHOLDING OF FINANCIAL OR PROPRIETARY INFORMATION.—If a document required to be provided to an employee or beneficiary under subparagraph (A) includes any financial or propriety information of the employer, the employer may redact such information from the copies provided to such employee or beneficiary.

b.

REPORT ON JOB CLASSIFICATION AND WAGE DETERMINATIONS.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall prepare a report analyzing the accuracy and effectiveness of the Secretary of Labor’s current job classification and wage determination system. The report shall—

1.

specifically address whether the systems in place accurately reflect the complexity of current job types as well as geographic wage differences; and

2.

make recommendations concerning necessary updates and modifications.