Sec. 202. L visas
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/bill/113/hr/2131/rh/section-202·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ) is amended by adding at the end the following: An employer of an alien who will serve in a capacity for the employer involving specialized knowledge under section 101(a)(15)(L) for a cumulative period of time in excess of 6 months over a 2-year period— except as provided in item (bb), will offer to the alien during the period of authorized employment wages that are at least— the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available; or if 80 percent or more of the employer’s workers in the same occupational classification as the alien and in the same area of employment as the alien are United States workers (as defined in section 212(n)(4)), will offer to the alien during the period of authorized employment wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; and will provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed.
In complying with the requirements of clause (i), an employer may keep the alien on their home country payroll, and may take into account the value of wages paid by the employer to the alien in the currency of the alien’s home country, the value of benefits paid by the employer to the alien in the alien’s home country, employer-provided housing or housing allowances, employer-provided vehicles or transportation allowances, and other benefits provided to the alien as an incident of the assignment in the United States.
The Secretary of Labor shall have the same investigatory and enforcement powers to ensure compliance with this subparagraph as are set forth in section 212(n)(2). . The amendment made by subsection
(a)shall take effect on the date of the enactment of this Act and shall apply to employers with respect to aliens issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(L) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(L) ) on or after such date.
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