Sec. 4221. General modification of procedures for investigation and disposition
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Section 212(n) ( 8 U.S.C. 1182(n) ) is amended— in paragraph (2)(A)— by striking
(A)Subject and inserting (A)(i) Subject ; by inserting after the first sentence the following: Such process shall include publicizing a dedicated toll-free number and publicly available Internet website for the submission of such complaints. ; by striking 12 months and inserting 24 months ; by striking the last sentence and inserting the following: The Secretary shall issue regulations requiring that employers that employ H–1B nonimmigrants, other than nonprofit institutions of higher education and nonprofit research organizations, through posting of notices or other appropriate means, inform their employees of such toll-free number and Internet website and of their right to file complaints pursuant to this paragraph. ; and by adding at the end the following: Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred. The Secretary may conduct voluntary surveys of the degree to which employers comply with the requirements of this subsection. The Secretary shall— conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are H–1B nonimmigrants; and make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause. ; and by adding at the end the following new paragraph: Not later than 1 year after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, and every 5 years thereafter, the Inspector General of the Department of Labor shall submit a report regarding the Secretary’s enforcement of the requirements of this section to the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on the Judiciary and the Committee on Education and the Workforce of the House of Representatives. .
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Sec. 4221
General modification of procedures for investigation and disposition
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