S.Amdt. 1574

SA 1574. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch)
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:

In title IV, on page 81, after line 25, add 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.''.
______