To amend the Immigration and Nationality Act to provide greater protections to domestic and foreign workers under the H-1B nonimmigrant worker program.
Latest action · Nov 19, 2004 Referred to the House Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedNov 19, 2004
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Amends the Immigration and Nationality Act to require employers of H-1B (specialty occupations) nonimmigrants to use one of three specified methods (whichever results in the highest wages) to determine wages for purposes of required wage attestations.
Requires such employers who previously employed one or more H-1B nonimmigrants to submit with their labor condition application (LCA) a copy of the W-2 Wage and Tax Statement filed with respect to those nonimmigrants.
Extends from 90 to 180 days the period during which certain employers of H-1B nonimmigrants must show nondisplacement of U.S. workers. Requires such employers to actively engage in recruitment efforts. Prohibits such employers from placing, outsourcing, leasing, or otherwise contracting for the placement of an H-1B nonimmigrant with another employer, regardless of whether the other employer is H-1B dependent.
Requires the Secretary of Labor to be responsible for investigations of wage complaints and allegations of fraud in the filing of LCAs.
Authorizes the Secretary to: (1) conduct surveys of employer compliance with labor condition requirements; and (2) conduct annual compliance audits of employers employing H-1B nonimmigrants. Requires annual compliance audits in cases where H-1B nonimmigrants comprise 15 percent or more of an employer's total number of employees.
Makes permanent the employer fee applicable to H-1B petitions.
Creates a private right of action for persons harmed by an employer's violation of labor condition requirements.
Cosponsors
Members who signed on, in the order they did.
Actions 2
Everything that happened, newest first.
- Nov 19, 2004Introduced in House
- Nov 19, 2004Referred to the House Committee on the Judiciary.
Subjects
Assigned by the Library of Congress. Policy area: Immigration.
- Administrative fees
- Administrative remedies
- Admission of nonimmigrants
- Alien labor
- Aliens
- Civil actions and liability
- Commerce
- Contracts
- Damages
- Department of Labor
- Economics and Public Finance
- Employee rights
- Fraud
- Government Operations and Politics
- Government paperwork
- Governmental investigations
- Grievance procedures
- Immigration
- Labor and Employment
- Law
- Leases
- Minimum wages
- Recruiting of employees
- Skilled labor
- Surveys
- Tax returns
- Taxation
- Temporary employment
- Transfer of employees
- Visas
- Wages
Text 1
Each version as it was printed, newest first.
- Nov 19, 2004Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.