S.Amdt. 1548
What it does: Adds SEC. 4226. SUSPENSION OF EMPLOYER PARTICIPATION IN H-1B VISA PROGRAM on page 1704, line 20
Sen. Chuck Grassley (R-IA)What it changes
1 change to S. 744
Adds SEC. 4226. SUSPENSION OF EMPLOYER PARTICIPATION IN H-1B VISA PROGRAM on page 1704, line 20
Adds a sectionPrinted pageInserted: SEC. 4226. SUSPENSION OF EMPLOYER PARTICIPATION IN H-1B VISA PROGRAM.
Inserted: Section 212(n)(2) (8 U.S.C. 1182(n)(2), as amended by this chapter, is further amended--
Inserted: (1) by redesignating subparagraph (I) as subparagraph (L); and
Inserted: (2) by inserting after subparagraph (H) the following:
Inserted: "(I) The Secretary of Homeland Security shall suspend an employer's ability to petition for H-1B nonimmigrants for not less than 2 years if such employer violates this subsection or if the Secretary determines the existence of 1 or more of the following conditions with respect to the employer:
Inserted: "(i) The employer has not taken good faith efforts to recruit United States workers.
Inserted: "(ii) An H-1B nonimmigrant is working at locations not covered by a valid labor condition application.
Inserted: "(iii) An H-1B nonimmigrant is not receiving the wage that the petitioning employer attested to in the labor condition application.
Inserted: "(iv) An H-1B nonimmigrant has been benched without pay or with reduced pay.
Inserted: "(v) An H-1B nonimmigrant is performing job duties that were not consistent with the position description provided by the employer.
Inserted: "(vi) The employer deducts the fees associated with filing the H-1B petition from the H-1B nonimmigrant's salary.
Inserted: "(vii) The employer forged signatures or documents relating to the Form I-129 petition, including documents relating to degree and work experience letters.".
Original wording
On page 1704, after line 20, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1548. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 1704, after line 20, insert the following:
SEC. 4226. SUSPENSION OF EMPLOYER PARTICIPATION IN H-1B VISA PROGRAM.
Section 212(n)(2) (8 U.S.C. 1182(n)(2), as amended by this chapter, is further amended--
(1) by redesignating subparagraph (I) as subparagraph (L); and
(2) by inserting after subparagraph (H) the following:
“(I) The Secretary of Homeland Security shall suspend an employer's ability to petition for H-1B nonimmigrants for not less than 2 years if such employer violates this subsection or if the Secretary determines the existence of 1 or more of the following conditions with respect to the employer:
“(i) The employer has not taken good faith efforts to recruit United States workers.
“(ii) An H-1B nonimmigrant is working at locations not covered by a valid labor condition application.
“(iii) An H-1B nonimmigrant is not receiving the wage that the petitioning employer attested to in the labor condition application.
“(iv) An H-1B nonimmigrant has been benched without pay or with reduced pay.
“(v) An H-1B nonimmigrant is performing job duties that were not consistent with the position description provided by the employer.
“(vi) The employer deducts the fees associated with filing the H-1B petition from the H-1B nonimmigrant's salary.
“(vii) The employer forged signatures or documents relating to the Form I-129 petition, including documents relating to degree and work experience letters.”.
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Senate amendment submitted
June 20, 2013