[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7056 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7056
To amend section 214(c)(8) of the Immigration and Nationality Act to
modify the data reporting requirements relating to nonimmigrant
employees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2022
Ms. Lois Frankel of Florida (for herself and Mrs. Wagner) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend section 214(c)(8) of the Immigration and Nationality Act to
modify the data reporting requirements relating to nonimmigrant
employees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visa Transparency Anti-Trafficking
Act of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bona fide research purposes.--The term ``bona fide
research purposes''--
(A) means a systematic study or investigation,
including research, development, testing, and
evaluation, designed to develop or to contribute to
fuller or generalizable knowledge or understanding; and
(B) does not include--
(i) purposes that are commercial, tortious,
or criminal in nature;
(ii) purposes that are related to
immigration enforcement; or
(iii) nonresearch purposes that would not
have been practicable, but for access to the
information.
(2) Employment.--The term ``employment''--
(A) means employment in the United States;
(B) includes cultural exchanges, training, and
business activities in which the nonimmigrant receives
any form of compensation (including a stipend) from any
source, whether paid in the United States or in the
nonimmigrant's country of origin, and whether or not
authorized by law; and
(C) does not include the activities of a
nonimmigrant described in section 101(a)(15)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(B)), except--
(i) personal or domestic servants
accompanying or following to join a
nonimmigrant employer who seeks admission into,
or is already in, the United States;
(ii) personal or domestic servants
accompanying or following to join a United
States citizen employer who has a permanent
home or is stationed in a foreign country, and
who is temporarily visiting the United States;
(iii) nonimmigrants engaged in training,
services, or work normally allowed under other
nonimmigrant visa classifications, including--
(I) services described in clause
(i)(b) of section 101(a)(15)(H) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(15)); and
(II) training described in clause
(iii) of such section; and
(iv) nonimmigrants engaged in the
supervision or training of others engaged in
building or construction work, but not for the
purpose of performing any such building or
construction work themselves (as described in
section 214.2(b)(5) of title 8, Code of Federal
Regulations and section 41.31(b)(1) of title
22, Code of Federal Regulations).
(3) Law enforcement.--The term ``law enforcement''
includes--
(A) Federal law enforcement officers (as defined in
section 115(c)(1) of title 18, United States Code);
(B) Federal law enforcement officers and local law
enforcement officers (as such terms are defined in
paragraphs (5) and (6) of subsection (b) of the Combat
Human Trafficking Act of 2015 (34 U.S.C. 20709)); and
(C) State attorneys general (as defined in section
4G(1) of the Clayton Act (15 U.S.C. 15g(1))).
(4) Nonimmigrant visa classification, status, or
subclassification.--The term ``nonimmigrant visa
classification, status, or subclassification'' means any
program, level, category, subcategory, or other type of
grouping that--
(A) is part of a nonimmigrant visa classification
or status--
(i) described in section 101(a)(15) or
214(e) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15) and 1184(e)); or
(ii) otherwise established under the
immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(17))); and
(B) may be specifically created, delineated, or
defined in--
(i) any Federal statute, regulation, agency
guidance, directive, memo, or any other source
material, including the Code of Federal
Regulations, the Foreign Affairs Manual, and
Department of State cables (classified or
unclassified); or
(ii) any official form, application, or
petition used by the Secretary of Homeland
Security, the Secretary of State, or the
Secretary of Labor.
(5) Service providers to human trafficking victims.--The
term ``service providers to human trafficking victims'' means
any nonprofit, nongovernmental organization that has
significant knowledge and substantial experience in human
trafficking prevention and eradication, investigation and
identification of human trafficking, and delivering wrap-around
services to human trafficking victims, including grant
recipients under--
(A) section 107(b)(2)(A), 107(f), or 112A of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(b)(2)(A), 7105(f), and 7109a); or
(B) section 202 or 203 of the Trafficking Victims
Protection Reauthorization Act of 2005 (34 U.S.C. 20702
and 20703).
(6) Temporary foreign nonimmigrant worker.--The term
``temporary foreign nonimmigrant worker'' means--
(A) a nonimmigrant--
(i) who has been issued a visa under
section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15));
(ii) who has petitioned for, requested, or
otherwise applied for a visa described in
subparagraph (A); or
(iii) for whom such a visa has been
petitioned, requested, or applied; and
(B) any person authorized to be employed in the
United States under any nonimmigrant visa
classification, subclassification, or program for
nonimmigrants that authorizes employment, except for
persons who were issued nonimmigrant visas for the
purpose of victim or witness protection.
(7) Third party intermediary.--The term ``third party
intermediary''--
(A) means any natural person, corporation, company,
firm, partnership, joint stock company or association,
or other organization or entity, including municipal
corporations, that recruits, solicits, or engages in
related activities with respect to an individual who
resides outside of the United States in furtherance of
employment in the United States, including when such
activity occurs outside of the United States; and
(B) includes recruiters, subrecruiters, placement
agencies, staffing agencies, labor contractors, and
sponsor organizations designated by the Secretary of
State, including for-profit and not-for-profit sponsor
entities.
(8) Worker protection organization.--The term ``worker
protection organization'' means any nonprofit, nongovernmental
organization that--
(A) promotes compliance with antidiscrimination,
wage, occupational health and safety, workers'
compensation and other labor and employment laws and
regulations; or
(B) otherwise advocates for safeguarding labor
standards and improving workplace protections and
working conditions.
SEC. 3. ANNUAL REPORT TO CONGRESS ON NONIMMIGRANT VISAS.
Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(8)) is amended to read as follows:
``(8) Not later than 6 months after the end of each fiscal year,
the Secretary of Homeland Security shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that includes, with respect
to the reporting period--
``(A) the number of citizens of countries with a Compact of
Free Association with the United States who--
``(i) are authorized by such Compact to reside
indefinitely in the United States as nonimmigrants; and
``(ii) were admitted to the United States;
``(B) the ports of entry at which the individuals described
in subparagraph (A) were admitted; and
``(C) with respect to each nonimmigrant visa
classification, subclassification, or program for nonimmigrants
that authorizes employment, as applicable (except for visas
issued for the purpose of victim or witness protection), to the
extent that the following data are 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--
``(i) the number of visas that were issued;
``(ii) the number of persons who were admitted into
the United States;
``(iii) the number of persons who were otherwise
granted legal status;
``(iv) the number of visas that expired, were
revoked, or were otherwise terminated, respectively;
``(v) the number of temporary foreign nonimmigrant
workers employed in each State;
``(vi) the 10 employers that hired the most
temporary foreign nonimmigrant workers;
``(vii) the 10 occupations, listed by Standard
Occupational Classification Code, in which the largest
number of temporary foreign nonimmigrant workers are
employed in the United States, and the average hourly
and yearly salary paid to temporary foreign
nonimmigrant workers in each such occupation;
``(viii) the 10 most common nationalities of
temporary foreign nonimmigrant workers;
``(ix) the 10 third party intermediaries that
recruited or hired the most temporary foreign
nonimmigrant workers;
``(x) the percentage of temporary foreign
nonimmigrant workers at each major education level;
``(xi) the percentage of temporary foreign
nonimmigrant workers who are younger than 20 years of
age, between 20 and 24 years of age, between 25 and 29
years of age, between 30 and 34 years of age, between
35 and 39 years of age, between 40 and 44 years of age,
between 45 and 49 years of age, between 50 and 54 years
of age, between 55 and 59 years of age, between 60 and
64 years of age, or older than 65 years of age,
respectively;
``(xii) the percentage of temporary foreign nonimmigrant
workers of each sex who were issued visas; and
``(xiii) the source of the data described in clauses (i)
through (xii).''.
SEC. 4. DATABASE.
(a) In General.--
(1) Availability of information.--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.
(2) Sources; redundancies.--The database established
pursuant to paragraph (1) shall--
(A) indicate the sources from which the information
described in subsection (b) is derived; and
(B) to the extent that any of the information
described in subsection (b) is available from more than
1 source or Federal agency--
(i) reproduce the information from each
source or Federal agency; and
(ii) indicate the source from which such
information was derived, including the Federal
agency and any relevant petition or application
form.
(b) Required Information.--
(1) Biographical information.--The information made
available in the database established pursuant to subsection
(a) shall include, for each temporary foreign nonimmigrant
worker--
(A) his or her age;
(B) his or her sex;
(C) his or her country of origin and local region
or State;
(D) the highest level of education attained, the
institution from which such education was attained, and
his or her primary field of study; and
(E) the name of the university at which he or she
is enrolled.
(2) Visa information.--The information made available in
the database established pursuant to subsection (a) shall
include, for each visa requested by a temporary foreign
nonimmigrant worker--
(A) the visa classification or status that was
requested, including--
(i) any applicable subclassification,
preference, or program associated with the visa
classification or status; and
(ii) 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;
(B) whether the request is for a new visa or an
extension of an existing visa or status;
(C) the status of the visa, such as issued,
expired, revoked, or terminated;
(D) whether the visa was issued pursuant to a
blanket petition; and
(E) whether the visa or status was issued at a port
of entry and, if so, the port of entry where it was
issued.
(3) Employment information.--The information made available
in the database established pursuant to subsection (a) shall
include--
(A) for each offer of employment in the United
States--
(i) the temporary foreign nonimmigrant
worker's occupation and the standard
occupational classification code for the
occupation, or any other occupational code
listed;
(ii) the wages, salary, and any other
compensation to be paid to the temporary
foreign nonimmigrant worker;
(iii) the address where the temporary
foreign nonimmigrant worker will work, and any
additional worksite addresses;
(iv) the address where the temporary
foreign nonimmigrant worker will reside during
his or her employment;
(v) whether the temporary foreign
nonimmigrant worker will be assigned to work at
an offsite location; and
(vi) whether the temporary foreign
nonimmigrant worker's position is a full-time
position; and
(B) for each accepted offer of employment in the
United States--
(i) the dates on which the temporary
foreign nonimmigrant worker began and ended
employment; and
(ii) the date on which the temporary
foreign nonimmigrant worker entered the United
States.
(4) Employer information.--The information made available
in the database established pursuant to subsection (a) shall
include, for each employer of temporary foreign nonimmigrant
workers--
(A) the name and address of the employer;
(B) if the employer is a household employer, the
nationality of the employer;
(C) whether the employer is an H-1B dependent
employer (as defined in section 212(n)(3)(A) of the
Immigration and Nationality Act (8 U.S.C.
1182(n)(3)(A)));
(D) 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;
(E) whether the employer conducts outplacement of
nonimmigrants; and
(F) 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.
(5) Application information.--The information made
available in the database established pursuant to subsection
(a) shall include, for each application filed on behalf of a
temporary foreign nonimmigrant worker--
(A) the date on which the application was filed;
(B) the status of such application, such as
approved, rejected, denied, withdrawn, or awaiting
final action;
(C) whether the application was for the purpose
of--
(i) beginning new employment;
(ii) continuing previously approved
employment with the same employer without
change;
(iii) changing from previously approved
employment;
(iv) new concurrent employment;
(v) changing of employer;
(vi) amending a petition;
(vii) requesting initial permission to
accept employment;
(viii) renewing permission to accept
employment; or
(ix) something not described in clauses (i)
through (viii);
(D) whether the application was a blanket petition;
(E) the total number of temporary foreign
nonimmigrant workers included in the application;
(F) the application number;
(G) 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;
(H) if the temporary foreign nonimmigrant worker is
eligible for employment authorization based on STEM
optional practical training--
(i) the worker's degree; and
(ii) the name of the worker's employer; and
(I) the name of the person or entity that filed a
permanent status petition on the behalf of the
temporary foreign nonimmigrant worker.
(6) Third party intermediary information.--The information
made available in the database established pursuant to
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.
(c) Recipient Entities.--
(1) In general.--The database established pursuant to
subsection (a), including all personally identifiable
information including in such database, shall be made available
only to--
(A) law enforcement agencies;
(B) service providers to human trafficking victims;
(C) worker protection organizations; or
(D) entities agreeing to only use such information
for bona fide research purposes.
(2) Certification.--Any entity receiving data under
paragraph (1)(D) for bona fide research purposes shall certify
that the entity--
(A) will only use the data for research purposes;
and
(B) 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 such
disaggregated data.
(3) Privacy protection.--Any government official who uses
information contained in the database established pursuant to
subsection (a) shall take reasonable steps to ensure that such
use does not enable such information to be manipulated--
(A) to identify an individual nonimmigrant to whom
the information relates; or
(B) to disaggregate such information into its
component parts.
(d) Rulemaking.--The Secretary of Homeland Security shall--
(1) promulgate a rule that establishes--
(A) procedures for requesting and accessing
information contained in the database established
pursuant to subsection (a), which access may not be
limited to fewer than 5 years; and
(B) security procedures for protecting such
information, including rules relating to personnel
security, physical security, and network security; and
(2) promulgate regulations making the information described
in subsection (a) available to the public in a searchable
database format, except for--
(A) any personally identifiable information,
including--
(i) worksite address, but shall include the
State in which the worksite is located; and
(ii) the names of any household employers;
(B) any query that returns fewer than 10 workers;
and
(C) 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.
SEC. 5. AUTHORITY TO MODIFY FORMS.
The Secretary of Homeland Security, the Secretary of State, and the
Secretary of Labor may take such steps as may be necessary to revise
any application, petition, form, or database used to regulate the
issuance of visas to nonimmigrants or to grant nonimmigrant status to
comply with the reporting requirements set forth in section 214(c)(8)
of the Immigration and Nationality Act, as amended by section 3.
SEC. 6. AUTHORITY TO IMMEDIATELY UPDATE FEES.
Notwithstanding the requirements under chapter 5 of title 5, United
States Code (commonly referred to as the ``Administrative Procedure
Act'') or any other law, the Secretary of Homeland Security, the
Secretary of State, or the Secretary of Labor may, without notice and
comment, reasonably adjust applicable fees charged to any person or
entity to the extent necessary to recover the full cost implementing
this Act or the amendments made by this Act.
SEC. 7. INFORMATION SHARING.
The Secretary of State and the Secretary of Labor shall--
(1) annually submit to the Secretary of Homeland Security,
in a timely manner, any information collected or maintained by
the Department of State or the Department of Labor that is
required to be included in the annual report under section
214(c)(8) of the Immigration and Nationality Act, as amended by
section 3; and
(2) provide any other related information to the Secretary
of Homeland Security, upon request, that may be necessary to
carry out the Secretary of Homeland Security's responsibilities
under this Act and the amendment made by section 3.
SEC. 8. EXEMPTION FROM PAPERWORK REDUCTION ACT.
The requirements under chapter 35 of title 44, United States Code
(commonly referred to as the ``Paperwork Reduction Act''), shall not
apply to any action to implement this Act or the amendments made by
this Act.
SEC. 9. PROGRESSIVE IMPLEMENTATION.
(a) Initial Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
the first report required under section 214(c)(8) of the Immigration
and Nationality Act, as amended by section 3, based on the information
that is available from the Department of Homeland Security, the
Department of Labor, and the Department of State as of the date of the
enactment of this Act.
(b) Full Report.--Not later than 3 years after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
the report required under section 214(c)(8) of the Immigration and
Nationality Act, as amended by section 3, which shall include all of
the information and data listed in subparagraph (C) of such section,
which 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.
SEC. 10. CONTINUED REPORTING.
(a) In General.--Federal and State administrative agencies shall
continue to publicly report all nonimmigrant visa data required by law
as of the day before the date of the enactment of this Act.
(b) Savings Provision.--None of the reporting requirements under
this Act or the amendments made by this Act may be construed to
replace--
(1) any reporting requirements under any statute or
regulation in effect on the date of the enactment of this Act;
or
(2) any reports or publicly available microdata published
by any Federal agency pertaining to any nonimmigrant visa
classification that authorizes employment.
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