Sec. 565. Wage rate and working conditions for L–1 nonimmigrant
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/bill/113/hr/3163/ih/section-565·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) ), as amended by sections 202, 203, and 204, is further amended by adding at the end the following: An employer that employs a nonimmigrant described in section 101(a)(15)(L) for a cumulative period of time in excess of 1 year shall— offer such nonimmigrant, during the period of authorized employment, wages, based on the best information available at the time the application is filed, which are not less than the highest of— the locally determined prevailing wage level for the occupational classification in the area of employment; the median average wage for all workers in the occupational classification in the area of employment; and the median wage for skill level 2 in the occupational classification found in the most recent Occupational Employment Statistics survey; and provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed.
If an employer, in such previous period specified by the Secretary of Homeland Security, employed 1 or more such nonimmigrants, the employer shall provide to the Secretary of Homeland Security the Internal Revenue Service Form W–2 Wage and Tax Statement filed by the employer with respect to such nonimmigrants for such period. It is a failure to meet a condition under this subparagraph for an employer who has filed a petition to import 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)— to require such a nonimmigrant to pay a penalty for ceasing employment with the employer before a date mutually agreed to by the nonimmigrant and the employer; or to fail to offer to such a nonimmigrant, during the nonimmigrant's period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to United States workers, benefits and eligibility for benefits, including— the opportunity to participate in health, life, disability, and other insurance plans; the opportunity to participate in retirement and savings plans; and cash bonuses and noncash compensation, such as stock options (whether or not based on performance).
The Secretary of Homeland Security shall determine whether a required payment under clause (iii)(I) is a penalty (and not liquidated damages) pursuant to relevant State law. . The Secretary of Homeland Security shall promulgate rules, after notice and a period of comment, to implement the requirements of subparagraph
(J)of section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as added by subsection (a). In promulgating these rules, the Secretary shall take into consideration any special circumstances relating to intracompany transfers.
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Sec. 565
Wage rate and working conditions for L–1 nonimmigrant
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