General modification of procedures for investigation and disposition

Section 212(n)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(A)) is amended— (1) by striking (A) Subject and inserting the following: (A) (i) Subject; (2) by striking 12 months and inserting two years; (3) by striking the last sentence; and (4) by adding at the end the following: (ii) (I) Upon the receipt of a complaint under clause (i), the Secretary may initiate an investigation to determine if such failure or misrepresentation has occurred. (II) In conducting an investigation under subclause (I), the Secretary may— (aa) conduct surveys of the degree to which employers comply with the requirements under this subsection; and (bb) conduct compliance audits of employers that employ H–1B nonimmigrants. (III) The Secretary shall— (aa) conduct annual compliance audits of not fewer than 1 percent of the employers that employ H–1B nonimmigrants during the applicable calendar year; (bb) 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 (cc) make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause. (iii) The process for receiving complaints under clause (i) shall include a hotline that is accessible 24 hours a day, by telephonic and electronic means..