§ 4301 : PROHIBITION ON OUTPLACEMENT OF L NONIMMIGRANTS

Section 214(c)(2)(F) (8 U.S.C. 1184(c)(2)(F)) is amended to read as follows:

F.

 i. An employer who employs L-1 nonimmigrants in a number that is equal to at least 15 percent of the total number of full-time equivalent employees employed by the employer shall not place, outsource, lease, or otherwise contract for the services or placement of such alien with another employer. In determining the number of employees who are L-1 nonimmigrants, an intending immigrant shall count as a United States worker.

ii.

The employer of an alien described in section 101(a)(15)(L) shall not place, outsource, lease, or otherwise contract for the services or placement of such alien with another employer unless—

I.

such alien will not be controlled or supervised principally by the employer with whom such alien would be placed;

II.

the placement of such alien at the worksite of the other employer is not essentially an arrangement to provide labor for hire for the other employer; and

III.

the employer of such alien pays a fee of $500, which shall be deposited in the STEM Education and Training Account established under section 286(w).