PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the House Committee on the Judiciary.
Congressional Research Service
Version 00 · Introduced in House · Nov 19, 2004
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.
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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.
People & committees
Rep. Pascrell, Bill, Jr. [D-NJ-8] · D–NJ
Legislative record
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Referred to the House Committee on the Judiciary.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Jan 2, 2025. Consult Congress.gov for the current record.
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