Sec. 4. Database
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/bill/116/s/2224/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
At the time the Secretary of Homeland Security submits each annual report under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, with respect to each temporary foreign nonimmigrant worker, the Secretary shall make the information described in subsection
(b)(except for information regarding visas issued for the purpose of victim or witness protection) that is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such department, or by any successor agency to any such department on a dedicated and searchable database. The database established under paragraph
(1)shall indicate— the sources from which the information described in subsection
(b)is derived; and to the extent that any of the information described in subsection
(b)is available from more than 1 source or Federal agency, the database shall— reproduce the information from each source or Federal agency; and indicate the source from which it was derived, including the Federal agency and any relevant petition or application form. The information made available in the database established under subsection
(a)shall include, for each temporary foreign nonimmigrant worker— his or her age; his or her sex; his or her country of origin and local region or State; the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and the name of the university at which he or she is enrolled. The information made available in the database established under subsection
(a)shall include, for each visa requested by a temporary foreign nonimmigrant worker— the visa classification or status that was requested, including— any applicable subclassification, preference, or program associated with the visa classification or status; and if applicable, any section cited from the Code of Federal Regulations, Foreign Affairs Manual, or any other Federal guidance document that corresponds to such subclassification, preference, or program; whether the request is for a new visa or an extension of an existing visa or status; the status of the visa, such as issued, expired, revoked, or terminated; whether the visa was issued pursuant to a blanket petition; and whether the visa or status was issued at a port of entry and, if so, the port of entry where it was issued. The information made available in the database established under subsection
(a)shall include— for each offer of employment in the United States— the temporary foreign nonimmigrant worker’s occupation and the standard occupational classification code for the occupation, or any other occupational code listed; the wages, salary, and any other compensation to be paid to the temporary foreign nonimmigrant worker; the address where the temporary foreign nonimmigrant worker will work, and any additional worksite addresses; the address where the temporary foreign nonimmigrant worker will reside during his or her employment; whether the temporary foreign nonimmigrant worker will be assigned to work at an offsite location; and whether the temporary foreign nonimmigrant worker’s position is a full-time position; and for each accepted offer of employment in the United States— the dates on which the temporary foreign nonimmigrant worker began and ended employment; and the date on which the temporary foreign nonimmigrant worker entered the United States. The information made available in the database established under subsection
(a)shall include, for each employer of temporary foreign nonimmigrant workers— the name and address of the employer; if the employer is a household employer, the nationality of the employer; whether the employer is an H–1B dependent employer; whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; whether the employer conducts outplacement of nonimmigrants; and the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. The information made available in the database established under subsection
(a)shall include, for each application filed on behalf of a temporary foreign nonimmigrant worker— the date on which the application was filed; the status of such application, such as approved, rejected, denied, withdrawn, or awaiting final action; whether the application was for the purpose of— beginning new employment; continuing previously approved employment with the same employer without change; changing from previously approved employment; new concurrent employment; changing of employer; amending a petition; requesting initial permission to accept employment; renewing permission to accept employment; or something not described in clauses
(i)through (viii); whether the application was a blanket petition; the total number of temporary foreign nonimmigrant workers included in the application; the application number; whether the temporary foreign nonimmigrant worker is eligible for employment authorization based on pre-completion optional practical training, post-completion optional practical training, or STEM optional practical training; if the temporary foreign nonimmigrant worker is eligible for employment authorization based on STEM optional practical training— the worker’s degree; and the name of the worker’s employer; and the name of the person or entity that filed a permanent status petition on the behalf of the temporary foreign nonimmigrant worker. The information made available in the database established under subsection
(a)shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. The database established under subsection (a), including all personally identifiable information including in such database, shall be made available only to— law enforcement; service providers to human trafficking victims; worker protection organizations; or entities agreeing to only use such information for bona fide research purposes. Entities receiving data under paragraph (1)(D) for bona fide research purposes shall certify that— the entity will only use the data for research purposes; and the entity will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive it. Any government official who uses information contained in the database established under subsection
(a)shall take reasonable steps to ensure that such use does not enable such information to be manipulated— to identify an individual nonimmigrant to whom the information relates; or to disaggregate such information into its component parts. The Secretary of Homeland Security shall— promulgate a rule that establishes— procedures for requesting and accessing information contained in the database established under subsection (a), which access may not be limited to fewer than 5 years; and security procedures for protecting such information, including rules relating to personnel security, physical security, and network security; and promulgate regulations making the information described in subsection
(a)available to the public in a searchable database format, except for— any personally identifiable information, including— worksite address, but shall include the State in which the worksite is located; and the names of any household employers; any query that returns fewer than 10 workers; and any information that, alone or in combination, would allow a reasonable person who does not have personal knowledge of the relevant circumstances, to identify a specific temporary foreign nonimmigrant worker with reasonable certainty.