Scala的map和flatmap什么区别？# Programming - 葵花宝典
f*8
1 楼
这个法案是CT的参议员Lieberman提出的，这个法案总共三个部分：第一和第三部分都
不是关于绿卡，而是关于工作签证的，第二部分是关于EB类的绿卡，不过这个法案并没
有增加EB类的绿卡名额，而只是允许提前交I-485(交500美元处理费)和签发有效期为三
年的EAD和AP. 这实际上是个很moderate的改革，可惜当时没有通过。现在把法案贴出
来, 我觉着今年有可能会有议员提相类似的法案:
S.1397 -- Skilled Worker Immigration and Fairness Act (Introduced in Senate
- IS)
S 1397 IS
110th CONGRESS
1st Session
S. 1397
To increase the allocation of visas for certain highly skilled workers and
to reduce fraud and abuse in certain visa programs for aliens working
temporarily in the United States.
IN THE SENATE OF THE UNITED STATES
May 15, 2007
Mr. LIEBERMAN (for himself, Mr. HAGEL, Ms. CANTWELL, and Mr. VOINOVICH)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
A BILL
To increase the allocation of visas for certain highly skilled workers and
to reduce fraud and abuse in certain visa programs for aliens working
temporarily in the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Skilled Worker Immigration
and Fairness Act' .
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. H-1B visas.
Sec. 3. Employment-based immigration .
Sec. 4. H-1B visa fraud and abuse protections.
SEC. 2. H-1B VISAS.
(a) Exemptions to Numerical Limitations-
(1) IN GENERAL- Section 214(g)(5) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(5)) is amended--
(A) in subparagraph (C), by striking `until the number of aliens who are
exempted from such numerical limitation during such year exceeds 20,000.'
and inserting `or has been awarded a medical specialty certification based
on post-doctoral training and experience in the United States; or'; and
(B) by adding at the end the following:
`(D) has earned a masters or higher degree in science, technology,
engineering, or mathematics from an institution of higher education outside
of the United States.'.
(2) APPLICABILITY- The amendments made by paragraph (1) shall apply to--
(A) any petition or visa application pending on the date of the enactment of
this Act ; and
(B) any petition or visa application filed on or after such date.
(b) Market-Based Visa Limits- Section 214(g) of such Act (8 U.S.C. 1184(g)),
as amended by subsection (a), is further amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking `(beginning with
fiscal year 1992)'; and
(B) in subparagraph (A), by striking clauses (i) through (vii) and inserting
the following:
`(i) 115,000 in fiscal year 2007; and
`(ii) in fiscal year 2008, and in each subsequent fiscal year, the greater
of--
`(I) 115,000; or
`(II) the number calculated under paragraph (9);';
(2) in paragraph (8)--
(A) in subparagraph (B), by striking clause (iv); and
(B) by striking subparagraph (D);
(3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11)
, and (12), respectively; and
(4) by inserting after paragraph (8) the following:
`(9) If the numerical limitation under paragraph (1)(A)--
`(A) is reached during a given fiscal year, the numerical limitation under
paragraph (1)(A) for the subsequent fiscal year shall be equal to the lesser
of--
`(i) 120 percent of the numerical limitation for the given fiscal year; or
`(ii) 180,000; and
`(B) is not reached during a given fiscal year, the numerical limitation
under paragraph (1)(A) for the subsequent fiscal year shall be equal to the
numerical limitation for the given fiscal year.'.
SEC. 3. EMPLOYMENT-BASED IMMIGRATION .
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from an accredited
university in the United States.
`(G) Aliens who--
`(i) have earned an advanced degree in science, technology, engineering, or
mathematics; and
`(ii) have been working in a related field in the United States under a
nonimmigrant visa during the 3-year period preceding their application for
an immigrant visa under section 203(b).
`(H) Aliens who--
`(i) are described in subparagraph (A) or (B) of section 203(b)(1); or
`(ii) have received a national interest waiver under section 203(b)(2)(B).
`(I) The immediate relatives of an alien who is admitted as an employment-
based immigrant under section 203(b).'.
(b) Adjustment of Status for Employment-Based Immigrants-
(1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C.
1255) is amended by adding at the end the following:
`(n) Adjustment of Status to Employment-Based Immigrant-
`(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may
file an application for adjustment of status with the Secretary of Homeland
Security, whether or not an employment-based immigrant visa is immediately
available at the time the application is filed, if--
`(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on
behalf of the alien has been approved; or
`(B) in the discretion of the Secretary, the adjudication of such petition
is pending.
`(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be
approved until the appropriate employment-based immigrant visa becomes
available under section 203(b).
`(3) FEES- If an employment-based immigrant visa is not available on the
date on which an application is filed under paragraph (1), a supplemental
fee of $500 shall be paid on behalf of the beneficiary of such application.
Such fee may not be charged with respect to any dependent accompanying or
following to join such beneficiary.
`(o) Extension of Employment Authorization and Advanced Parole Document- The
Secretary of Homeland Security--
`(1) shall issue a 3-year employment authorization and 3-year advanced
parole document to any beneficiary of an application for adjustment of
status if a petition has been filed or is pending under subparagraph (E) or
(F) of section 204(a)(1); and
`(2) may adjust fees assessed under this section in accordance to the 3-year
period of validity assigned to the employment authorization or advanced
parole documents issued under subparagraph (1).'.
(2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--
(A) in subsection (m), by striking `provisions of law, all adjudication fees
' and inserting `provision of law, all adjudication fees and the fees
collected under section 245(n)(3)'; and
(B) in subsection (n)--
(i) by striking `All deposits' and inserting the following: `(1) Except as
provided in paragraph (2), all deposits'; and
(ii) by adding at the end the following:
`(2) All deposits in the Immigration Examinations Fee Account that were
originally collected under section 245(n)(3) shall be used to clear security
background check delays.'.
(c) Applicability- The amendments made by subsections (a) and (b) shall
apply to any visa application--
(1) pending on the date of the enactment of this Act ; or
(2) filed on or after such date.
SEC. 4. H-1B VISA FRAUD AND ABUSE PROTECTIONS.
(a) Prohibition Against Advertising Exclusively to H-1B Nonimmigrants-
Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1
)) is amended--
(1) by redesignating subparagraph (G) as subparagraph (H);
(2) by inserting after subparagraph (H), as redesignated, the following:
`(I) The employer has not advertised the available jobs specified in the
application in an advertisement that states or indicates that--
`(i) the jobs are only available to persons who are, or may become, H-1B
nonimmigrants; or
`(ii) persons will receive priority or preference in the hiring process
because they are, or may become, H-1B nonimmigrants.'; and
(3) in the undesignated paragraph at the end, by striking `The employer' and
inserting the following:
`(K) The employer'.
(b) Limit on Percentage of H-1B Employees- Section 212(n)(1) of such Act ,
as amended by this section, is further amended by inserting after
subparagraph (I), as added by subsection (a)(1), the following:
`(J) If the employer employs 50 or more employees in the United States, not
more than 50 percent of such employees are H-1B nonimmigrants.'.
(c) Safeguards Against Fraud and Misrepresentation in Application Review
Process- Section 212(n)(1)(K) of such Act , as designated by subsection (a)(
2), is amended--
(1) by inserting `, clear indicators of fraud, misrepresentation of material
fact,' after `completeness';
(2) by striking `or obviously inaccurate' and inserting `, presents clear
indicators of fraud or misrepresentation of material fact, or is obviously
inaccurate'; and
(3) by adding at the end the following: `If the Secretary's review of an
application identifies clear indicators of fraud or misrepresentation of
material fact, the Secretary may conduct an investigation and hearing under
paragraph (2).'.
(d) Investigations by Department of Labor- Section 212(n)(2) of such Act is
amended--
(1) in subparagraph (A), by striking `12 months' and all that follows and
inserting `24 months after the date of the failure or misrepresentation,
respectively. Upon the receipt of such a complaint, the Secretary may
initiate an investigation to determine if such a failure or
misrepresentation has occurred.';
(2) in subparagraph (C)(i)--
(A) by striking `a condition of paragraph (1)(B), (1)(E), or (1)(F)' and
inserting `a condition under subparagraph (B), (C), (E), (F), (H), (I), or (
J) of paragraph (1)'; and
(B) by striking `paragraph (1)(C), (1)(D), or (1)(G)(i)(I)' and inserting `
subparagraph (C), (D) or (G)(i)(I) of paragraph (1)';
(3) in subparagraph (G)--
(A) in clause (i), by striking `if the Secretary' and all that follows and
inserting `with regard to the employer's compliance with the requirements
under this subsection.';
(B) in clause (ii), by striking `and whose identity' and all that follows
through `failure or failures.' and inserting `the Secretary of Labor may
conduct an investigation into the employer's compliance with the
requirements under this subsection.';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v),
and (vi), respectively;
(F) in clause (iv), as redesignated, by striking `meet a condition' and all
that follows and inserting `comply with the requirements under this
subsection, unless the Secretary of Labor receives the information not later
than 24 months after the date of the alleged failure.';
(G) by amending clause (v), as redesignated, to read as follows:
`(v) The Secretary of Labor shall provide notice to an employer of the
intent to conduct an investigation. The notice shall be provided in such a
manner, and shall contain sufficient detail, to permit the employer to
respond to the allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the Secretary
determines that such compliance would interfere with an effort by the
Secretary to investigate the employer or secure the employer's compliance
with this subsection. A determination by the Secretary under this clause is
not subject to judicial review.';
(H) in clause (vi), as redesignated, by striking `An investigation' and all
that follows through `the determination.' and inserting `If the Secretary of
Labor, after an investigation under clause (i) or (ii), determines that a
reasonable basis exists to make a finding that the employer has failed to
comply with the requirements under this subsection, the Secretary shall
provide interested parties with notice of such determination and an
opportunity for a hearing in accordance with section 556 of title 5, United
States Code, not later than 120 days after the date of such determination.';
and
(I) by adding at the end the following:
`(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis
to believe that the employer has violated a requirement under this
subsection, the Secretary may impose a penalty under subparagraph (C).';
(4) by redesignating subparagraph (I) as subparagraph (J).
(e) Additional Department of Labor Employees-
(1) IN GENERAL- The Secretary of Labor is authorized to hire 200 additional
employees to administer, oversee, investigate, and enforce programs
involving H-1B nonimmigrant workers.
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as may be necessary to carry out this subsection.
(f) Schedule of Fees- Section 214(c)(12)(C) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(12)(C)) is amended by striking `$500' and
inserting `$1,000'.
(g) Information Sharing Between Department of Labor and Department of
Homeland Security- Section 212(n)(2) of such Act , as amended by this
section, is further amended by inserting after subparagraph (H) the
following:
`(I) If any information contained in the materials submitted by employers of
H-1B nonimmigrants as part of the adjudication process indicates that the
employer is not complying with the requirements under this subsection, the
Director of United States Citizenship and Immigration Services shall provide
such information to the Secretary of Labor. The Secretary may initiate and
conduct an investigation and hearing under this paragraph after receiving
such information.'.
(h) Audits- Section 212(n)(2)(A) of such Act , as amended by this section,
is further amended by adding at the end the following: `The Secretary may
conduct surveys regarding the degree to which employers comply with the
requirements under this subsection and may conduct annual compliance audits
of employers of H-1B nonimmigrants. The Secretary shall conduct annual
compliance audits of not less than 1 percent of the employers of H-1B
nonimmigrants during the applicable calendar year. The Secretary shall
conduct annual compliance audits of each employer with more than 100
employees who work in the United States if more than 15 percent of such
employees are H-1B nonimmigrants.'.
(i) Penalties- Section 212(n)(2)(C) of such Act , as amended by this section
, is further amended--
(1) in clause (i)(I), by striking `$1,000' and inserting `$2,000';
(2) in clause (ii)(I), by striking `$5,000' and inserting `$10,000'; and
(3) in clause (vi)(III), by striking `$1,000' and inserting `$2,000'.
(j) Information Provided to H-1B Nonimmigrants Upon Visa Issuance- Section
212(n) of such Act , as amended by this section, is further amended by
adding at the end the following:
`(6)(A) Upon providing H-1B nonimmigrant status to an alien in the United
States, the office processing the petition for such status shall provide the
applicant with--
`(i) a brochure outlining the employer's obligations and the employee's
rights under Federal law, including labor and wage protections; and
`(ii) the contact information for Federal agencies that can offer more
information or assistance in clarifying employer obligations and workers'
rights.
`(B) Upon issuing an H-1B nonimmigrant visa to an alien outside the United
States, the officer of the Department of State shall provide the applicant
with the items described in clauses (i) and (ii) of subparagraph (A).'.
不是关于绿卡，而是关于工作签证的，第二部分是关于EB类的绿卡，不过这个法案并没
有增加EB类的绿卡名额，而只是允许提前交I-485(交500美元处理费)和签发有效期为三
年的EAD和AP. 这实际上是个很moderate的改革，可惜当时没有通过。现在把法案贴出
来, 我觉着今年有可能会有议员提相类似的法案:
S.1397 -- Skilled Worker Immigration and Fairness Act (Introduced in Senate
- IS)
S 1397 IS
110th CONGRESS
1st Session
S. 1397
To increase the allocation of visas for certain highly skilled workers and
to reduce fraud and abuse in certain visa programs for aliens working
temporarily in the United States.
IN THE SENATE OF THE UNITED STATES
May 15, 2007
Mr. LIEBERMAN (for himself, Mr. HAGEL, Ms. CANTWELL, and Mr. VOINOVICH)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
A BILL
To increase the allocation of visas for certain highly skilled workers and
to reduce fraud and abuse in certain visa programs for aliens working
temporarily in the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Skilled Worker Immigration
and Fairness Act' .
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. H-1B visas.
Sec. 3. Employment-based immigration .
Sec. 4. H-1B visa fraud and abuse protections.
SEC. 2. H-1B VISAS.
(a) Exemptions to Numerical Limitations-
(1) IN GENERAL- Section 214(g)(5) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(5)) is amended--
(A) in subparagraph (C), by striking `until the number of aliens who are
exempted from such numerical limitation during such year exceeds 20,000.'
and inserting `or has been awarded a medical specialty certification based
on post-doctoral training and experience in the United States; or'; and
(B) by adding at the end the following:
`(D) has earned a masters or higher degree in science, technology,
engineering, or mathematics from an institution of higher education outside
of the United States.'.
(2) APPLICABILITY- The amendments made by paragraph (1) shall apply to--
(A) any petition or visa application pending on the date of the enactment of
this Act ; and
(B) any petition or visa application filed on or after such date.
(b) Market-Based Visa Limits- Section 214(g) of such Act (8 U.S.C. 1184(g)),
as amended by subsection (a), is further amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking `(beginning with
fiscal year 1992)'; and
(B) in subparagraph (A), by striking clauses (i) through (vii) and inserting
the following:
`(i) 115,000 in fiscal year 2007; and
`(ii) in fiscal year 2008, and in each subsequent fiscal year, the greater
of--
`(I) 115,000; or
`(II) the number calculated under paragraph (9);';
(2) in paragraph (8)--
(A) in subparagraph (B), by striking clause (iv); and
(B) by striking subparagraph (D);
(3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11)
, and (12), respectively; and
(4) by inserting after paragraph (8) the following:
`(9) If the numerical limitation under paragraph (1)(A)--
`(A) is reached during a given fiscal year, the numerical limitation under
paragraph (1)(A) for the subsequent fiscal year shall be equal to the lesser
of--
`(i) 120 percent of the numerical limitation for the given fiscal year; or
`(ii) 180,000; and
`(B) is not reached during a given fiscal year, the numerical limitation
under paragraph (1)(A) for the subsequent fiscal year shall be equal to the
numerical limitation for the given fiscal year.'.
SEC. 3. EMPLOYMENT-BASED IMMIGRATION .
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from an accredited
university in the United States.
`(G) Aliens who--
`(i) have earned an advanced degree in science, technology, engineering, or
mathematics; and
`(ii) have been working in a related field in the United States under a
nonimmigrant visa during the 3-year period preceding their application for
an immigrant visa under section 203(b).
`(H) Aliens who--
`(i) are described in subparagraph (A) or (B) of section 203(b)(1); or
`(ii) have received a national interest waiver under section 203(b)(2)(B).
`(I) The immediate relatives of an alien who is admitted as an employment-
based immigrant under section 203(b).'.
(b) Adjustment of Status for Employment-Based Immigrants-
(1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C.
1255) is amended by adding at the end the following:
`(n) Adjustment of Status to Employment-Based Immigrant-
`(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may
file an application for adjustment of status with the Secretary of Homeland
Security, whether or not an employment-based immigrant visa is immediately
available at the time the application is filed, if--
`(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on
behalf of the alien has been approved; or
`(B) in the discretion of the Secretary, the adjudication of such petition
is pending.
`(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be
approved until the appropriate employment-based immigrant visa becomes
available under section 203(b).
`(3) FEES- If an employment-based immigrant visa is not available on the
date on which an application is filed under paragraph (1), a supplemental
fee of $500 shall be paid on behalf of the beneficiary of such application.
Such fee may not be charged with respect to any dependent accompanying or
following to join such beneficiary.
`(o) Extension of Employment Authorization and Advanced Parole Document- The
Secretary of Homeland Security--
`(1) shall issue a 3-year employment authorization and 3-year advanced
parole document to any beneficiary of an application for adjustment of
status if a petition has been filed or is pending under subparagraph (E) or
(F) of section 204(a)(1); and
`(2) may adjust fees assessed under this section in accordance to the 3-year
period of validity assigned to the employment authorization or advanced
parole documents issued under subparagraph (1).'.
(2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--
(A) in subsection (m), by striking `provisions of law, all adjudication fees
' and inserting `provision of law, all adjudication fees and the fees
collected under section 245(n)(3)'; and
(B) in subsection (n)--
(i) by striking `All deposits' and inserting the following: `(1) Except as
provided in paragraph (2), all deposits'; and
(ii) by adding at the end the following:
`(2) All deposits in the Immigration Examinations Fee Account that were
originally collected under section 245(n)(3) shall be used to clear security
background check delays.'.
(c) Applicability- The amendments made by subsections (a) and (b) shall
apply to any visa application--
(1) pending on the date of the enactment of this Act ; or
(2) filed on or after such date.
SEC. 4. H-1B VISA FRAUD AND ABUSE PROTECTIONS.
(a) Prohibition Against Advertising Exclusively to H-1B Nonimmigrants-
Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1
)) is amended--
(1) by redesignating subparagraph (G) as subparagraph (H);
(2) by inserting after subparagraph (H), as redesignated, the following:
`(I) The employer has not advertised the available jobs specified in the
application in an advertisement that states or indicates that--
`(i) the jobs are only available to persons who are, or may become, H-1B
nonimmigrants; or
`(ii) persons will receive priority or preference in the hiring process
because they are, or may become, H-1B nonimmigrants.'; and
(3) in the undesignated paragraph at the end, by striking `The employer' and
inserting the following:
`(K) The employer'.
(b) Limit on Percentage of H-1B Employees- Section 212(n)(1) of such Act ,
as amended by this section, is further amended by inserting after
subparagraph (I), as added by subsection (a)(1), the following:
`(J) If the employer employs 50 or more employees in the United States, not
more than 50 percent of such employees are H-1B nonimmigrants.'.
(c) Safeguards Against Fraud and Misrepresentation in Application Review
Process- Section 212(n)(1)(K) of such Act , as designated by subsection (a)(
2), is amended--
(1) by inserting `, clear indicators of fraud, misrepresentation of material
fact,' after `completeness';
(2) by striking `or obviously inaccurate' and inserting `, presents clear
indicators of fraud or misrepresentation of material fact, or is obviously
inaccurate'; and
(3) by adding at the end the following: `If the Secretary's review of an
application identifies clear indicators of fraud or misrepresentation of
material fact, the Secretary may conduct an investigation and hearing under
paragraph (2).'.
(d) Investigations by Department of Labor- Section 212(n)(2) of such Act is
amended--
(1) in subparagraph (A), by striking `12 months' and all that follows and
inserting `24 months after the date of the failure or misrepresentation,
respectively. Upon the receipt of such a complaint, the Secretary may
initiate an investigation to determine if such a failure or
misrepresentation has occurred.';
(2) in subparagraph (C)(i)--
(A) by striking `a condition of paragraph (1)(B), (1)(E), or (1)(F)' and
inserting `a condition under subparagraph (B), (C), (E), (F), (H), (I), or (
J) of paragraph (1)'; and
(B) by striking `paragraph (1)(C), (1)(D), or (1)(G)(i)(I)' and inserting `
subparagraph (C), (D) or (G)(i)(I) of paragraph (1)';
(3) in subparagraph (G)--
(A) in clause (i), by striking `if the Secretary' and all that follows and
inserting `with regard to the employer's compliance with the requirements
under this subsection.';
(B) in clause (ii), by striking `and whose identity' and all that follows
through `failure or failures.' and inserting `the Secretary of Labor may
conduct an investigation into the employer's compliance with the
requirements under this subsection.';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v),
and (vi), respectively;
(F) in clause (iv), as redesignated, by striking `meet a condition' and all
that follows and inserting `comply with the requirements under this
subsection, unless the Secretary of Labor receives the information not later
than 24 months after the date of the alleged failure.';
(G) by amending clause (v), as redesignated, to read as follows:
`(v) The Secretary of Labor shall provide notice to an employer of the
intent to conduct an investigation. The notice shall be provided in such a
manner, and shall contain sufficient detail, to permit the employer to
respond to the allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the Secretary
determines that such compliance would interfere with an effort by the
Secretary to investigate the employer or secure the employer's compliance
with this subsection. A determination by the Secretary under this clause is
not subject to judicial review.';
(H) in clause (vi), as redesignated, by striking `An investigation' and all
that follows through `the determination.' and inserting `If the Secretary of
Labor, after an investigation under clause (i) or (ii), determines that a
reasonable basis exists to make a finding that the employer has failed to
comply with the requirements under this subsection, the Secretary shall
provide interested parties with notice of such determination and an
opportunity for a hearing in accordance with section 556 of title 5, United
States Code, not later than 120 days after the date of such determination.';
and
(I) by adding at the end the following:
`(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis
to believe that the employer has violated a requirement under this
subsection, the Secretary may impose a penalty under subparagraph (C).';
(4) by redesignating subparagraph (I) as subparagraph (J).
(e) Additional Department of Labor Employees-
(1) IN GENERAL- The Secretary of Labor is authorized to hire 200 additional
employees to administer, oversee, investigate, and enforce programs
involving H-1B nonimmigrant workers.
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as may be necessary to carry out this subsection.
(f) Schedule of Fees- Section 214(c)(12)(C) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(12)(C)) is amended by striking `$500' and
inserting `$1,000'.
(g) Information Sharing Between Department of Labor and Department of
Homeland Security- Section 212(n)(2) of such Act , as amended by this
section, is further amended by inserting after subparagraph (H) the
following:
`(I) If any information contained in the materials submitted by employers of
H-1B nonimmigrants as part of the adjudication process indicates that the
employer is not complying with the requirements under this subsection, the
Director of United States Citizenship and Immigration Services shall provide
such information to the Secretary of Labor. The Secretary may initiate and
conduct an investigation and hearing under this paragraph after receiving
such information.'.
(h) Audits- Section 212(n)(2)(A) of such Act , as amended by this section,
is further amended by adding at the end the following: `The Secretary may
conduct surveys regarding the degree to which employers comply with the
requirements under this subsection and may conduct annual compliance audits
of employers of H-1B nonimmigrants. The Secretary shall conduct annual
compliance audits of not less than 1 percent of the employers of H-1B
nonimmigrants during the applicable calendar year. The Secretary shall
conduct annual compliance audits of each employer with more than 100
employees who work in the United States if more than 15 percent of such
employees are H-1B nonimmigrants.'.
(i) Penalties- Section 212(n)(2)(C) of such Act , as amended by this section
, is further amended--
(1) in clause (i)(I), by striking `$1,000' and inserting `$2,000';
(2) in clause (ii)(I), by striking `$5,000' and inserting `$10,000'; and
(3) in clause (vi)(III), by striking `$1,000' and inserting `$2,000'.
(j) Information Provided to H-1B Nonimmigrants Upon Visa Issuance- Section
212(n) of such Act , as amended by this section, is further amended by
adding at the end the following:
`(6)(A) Upon providing H-1B nonimmigrant status to an alien in the United
States, the office processing the petition for such status shall provide the
applicant with--
`(i) a brochure outlining the employer's obligations and the employee's
rights under Federal law, including labor and wage protections; and
`(ii) the contact information for Federal agencies that can offer more
information or assistance in clarifying employer obligations and workers'
rights.
`(B) Upon issuing an H-1B nonimmigrant visa to an alien outside the United
States, the officer of the Department of State shall provide the applicant
with the items described in clauses (i) and (ii) of subparagraph (A).'.
