S. 31Senate110th Congress (2007-2009)In Committee

H-1B Visa Fraud Prevention Act of 2007

Introduced May 22, 2007

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6465-6466)

May 22, 2007

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SenateIntro Referral

Introduced in Senate

May 22, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S6464-6465)

May 22, 2007

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6465-6466)

May 22, 2007

Floor Debate

11 members

What members said about S. 31 on the floor

3 Republicans8 Democrats
Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · May 22, 2007

Madam President, I rise today because I will be introducing my first bills as a Member of this esteemed body; legislation that I hope will provide a helpful step forward as we address one of the most…

Jim Webb
Sen. Jim WebbD-VA · May 22, 2007

Mr. President, I am pleased to join my colleagues, Senators Mikulski, Cardin and Warner, to introduce legislation that will reaffirm the Federal Government's continuing responsibility for the…

John McCain
Sen. John McCainR-AZ · May 22, 2007

Mr. President, I am introducing this omnibus defense acquisition reform bill today to highlight the scope and urgent need for comprehensive reform in how the Pentagon procures its biggest and most…

Judd Gregg
Sen. Judd GreggR-NH · May 22, 2007

Madam President, I rise today to talk specifically about how we get our fiscal house in order as a nation and especially as a government. Just last week, the Congress passed--or at least the Senate…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · May 22, 2007

Mr. President, today Senator Domenici and I are introducing the Public Mental Health Emergency Preparedness Act of 2007. I originally introduced this legislation during the 109 Congress to address…

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Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · May 22, 2007

Mr. President, today I am introducing legislation to help sustain the Federal Government's longstanding commitment to the Washington Metropolitan area's Metrorail system. The National Capital…

Jack Reed
Sen. Jack ReedD-RI · May 22, 2007

Mr. President, on April 16, 2007, our Nation faced a terrible tragedy, the deadliest shooting in the history of our Nation. I want to express my sympathy to the victims of this senseless violence,…

Susan M. Collins
Sen. Susan M. CollinsR-ME · May 22, 2007

Mr. President, I rise to introduce the H-1B Visa Fraud Prevention Act of 2007. Many American businesses rely on the H-1B visa program. When employers can demonstrate that there are too few U.S.…

Susan M. Collins
Sen. Susan M. CollinsR-ME · May 22, 2007

Mr. President, I rise to introduce the H-1B Visa Fraud Prevention Act of 2007. Many American businesses rely on the H-1B visa program. When employers can demonstrate that there are too few U.S.…

Ken Salazar
Sen. Ken SalazarD-CO · May 22, 2007

Mr. President, today Senator Allard and I introduced the ``Rocky Mountain Science Collections Center Act of 2007,'' a bill to establish a secure collections facility and education center for…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · May 22, 2007

Mr. President, it is a privilege to join my colleague Senator Hutchison in introducing the Hepatitis C Epidemic Control and Prevention Act of 2007. Senator Hutchison's leadership has been essential…

Herb Kohl
Sen. Herb KohlD-WI · May 22, 2007

Mr. President, I rise today to introduce the Housing Assistance Council Authorization Act. This legislation will authorize appropriations for the Housing Assistance Council, HAC, which has been…

Bill Text

Latest available legislative text

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Introduced in SenateIssued May 22, 2007

II

110th CONGRESS

1st Session

S. 31

IN THE SENATE OF THE UNITED STATES

May 22, 2007

Ms. Collins introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to reduce fraud in certain visa programs for aliens working temporarily in the United States.

1.

Short title

This Act may be cited as the H–1B Visa Fraud Prevention Act of 2007.

2.

H–1B employer requirements

(a)

Prohibition of outplacement

(1)

In general

Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended—

(A)

in paragraph (1), by amending subparagraph (F) to read as follows:

(F)

The employer shall not place, outsource, lease, or otherwise contract for the placement of an alien admitted or provided status as an H–1B nonimmigrant with another employer if the worksite of the receiving employer is located in a different State;

and

(B)

in paragraph (2), by striking subparagraph (E).

(2)

Effective date

The amendments made by paragraph (1) shall apply to applications filed on or after the date of the enactment of this Act.

(b)

Immigration documents

Section 204 of such Act (8 U.S.C. 1154) is amended by adding at the end the following:

(l)

Employer To share all immigration paperwork exchanged with Federal agencies

Not later than 10 working days after receiving a written request from a former, current, or future employee or beneficiary, an employer shall provide the employee or beneficiary with the original (or a certified copy of the original) of all petitions, notices, and other written communication exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency that is related to an immigrant or nonimmigrant petition filed by the employer for the employee or beneficiary.

.

3.

H–1B government authority and requirements

(a)

Safeguards against fraud and misrepresentation in application review process

Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended—

(1)

in the undesignated paragraph at the end, by striking The employer and inserting the following:

(H)

The employer

; and

(2)

in subparagraph (H), as designated by paragraph (1) of this subsection—

(A)

by inserting and through the Department of Labor’s website, without charge. after D.C.;

(B)

by inserting , clear indicators of fraud, misrepresentation of material fact, after completeness;

(C)

by striking or obviously inaccurate and inserting , presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate;

(D)

by striking within 7 days of and inserting not later than 14 days after; and

(E)

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)..

(b)

Investigations by department of labor

Section 212(n)(2) of such Act is amended—

(1)

in subparagraph (A), by striking The Secretary shall conduct and all that follows and inserting 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)(i), (E), (F), (H), (I), or (J) of paragraph (1); and

(B)

by striking (1)(C) and inserting (1)(C)(ii);

(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 of 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 of 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)

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 or secure compliance by the employer with the requirements of this subsection. A determination by the Secretary under this clause shall not be subject to judicial review.

;

(G)

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

(H)

by adding at the end the following:

(vii)

The Secretary of Labor may impose a penalty under subparagraph (C) if the Secretary, after a hearing, finds a reasonable basis to believe that—

(I)

the employer has violated the requirements under this subsection; and

(II)

the violation was not made in good faith.

; and

(4)

by striking subparagraph (H).

(c)

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 (G) the following:

(H)

The Director of United States Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by H–1B employers as part of the adjudication process that indicates that the employer is not complying with H–1B visa program requirements. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.

.

(d)

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 of the degree to which employers comply with the requirements under this subsection and may conduct annual compliance audits of employers that employ H–1B nonimmigrants..

(e)

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.

(f)

Information provided to H–1B nonimmigrants upon visa issuance

Section 212(n) of such Act, as amended by this section, is further amended by inserting after paragraph (2) the following:

(3)
(A)

Upon issuing an H–1B visa to an applicant outside the United States, the issuing office 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;

(ii)

the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers’ rights; and

(iii)

a copy of the employer’s H–1B application for the position that the H–1B nonimmigrant has been issued the visa to fill.

(B)

Upon the issuance of an H–1B visa to an alien inside the United States, the officer of the Department of Homeland Security 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;

(ii)

the contact information for Federal agencies that can offer more information or assistance in clarifying employer's obligations and workers' rights; and

(iii)

a copy of the employer's H–1B application for the position that the H–1B nonimmigrant has been issued the visa to fill.

.

4.

H–1B whistleblower protections

Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is amended—

(1)

by inserting take, fail to take, or threaten to take or fail to take, a personnel action, or before to intimidate; and

(2)

by adding at the end the following: An employer that violates this clause shall be liable to the employees harmed by such violation for lost wages and benefits..

5.

Fraud assessment

Not later than 30 days after the date of the enactment of this Act, the Director of United States Citizenship and Immigration Services shall submit to Congress a fraud risk assessment of the H–1B visa program.