Investigation, working conditions, and penalties

Section 212(n)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)) is amended— (1) in clause (i)— (A) in the matter preceding subclause (I), by striking a condition of paragraph (1)(B), (1)(E), or (1)(F), a substantial failure to meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I) and inserting a condition under subparagraph (A), (B), (C), (D), (E), (F), (G)(i), (H), (I), or (J) of paragraph (1); (B) in subclause (I)— (i) by striking $1,000 and inserting $5,000; and (ii) by striking and at the end; (C) in subclause (II)— (i) by striking the Attorney General shall not approve petitions and inserting the Secretary of Homeland Security or the Secretary of State, as appropriate, shall not approve petitions or applications; (ii) by striking under section 204 or 214(c) and inserting under section 101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e); and (iii) by striking the period at the end and inserting; and; and (D) by adding at the end the following: (III) an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits.; (2) in clause (ii)— (A) in subclause (I)— (i) by striking may and inserting shall; and (ii) by striking $5,000 and inserting $25,000; (B) in subclause (II)— (i) by striking the Attorney General shall not approve petitions and inserting the Secretary of Homeland Security or the Secretary of State, as appropriate, shall not approve petitions or applications; (ii) by striking under section 204 or 214(c) and inserting under section 101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e); and (iii) by striking the period at the end and inserting; and; and (C) by adding at the end the following: (III) an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits.; (3) in clause (iii)— (A) in the matter preceding subclause (I), by striking the employer displaced a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application and inserting a United States worker employed at a worksite that the employer supplies with nonimmigrant workers was displaced in violation of paragraph (1)(E) or the conditions of a waiver under subparagraph (E); (B) in subclause (I)— (i) by striking may and inserting shall; (ii) by striking $35,000 and inserting $150,000; and (iii) by striking and at the end; (C) in subclause (II)— (i) by striking the Attorney General shall not approve petitions and inserting the Secretary of Homeland Security or the Secretary of State, as appropriate, shall not approve petitions or applications; (ii) by striking under section 204 or 214(c) and inserting under section 101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e); and (iii) by striking the period at the end and inserting; and; and (D) by adding at the end the following: (III) an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits.; (4) by striking clause (iv) and inserting the following: (iv) (I) An employer that has filed an application under this subsection violates this clause by taking, failing to take, or threatening to take or fail to take a personnel action, or intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating in any other manner against an employee because the employee— (aa) disclosed information that the employee reasonably believes evidences a violation of this subsection or any rule or regulation pertaining to this subsection; or (bb) cooperated or sought to cooperate with the requirements under this subsection or any rule or regulation pertaining to this subsection. (II) In this subparagraph, the term employee includes— (aa) a current employee; (bb) a former employee; and (cc) an applicant for employment. (III) An employer that violates this clause shall be liable to the employee harmed by such violation for lost wages and benefits.; (5) in clause (v)— (A) by inserting (I) after (v); and (B) by adding at the end the following: (II) Upon the termination of an H–1B nonimmigrant’s employment on account of such alien’s disclosure of information or cooperation in an investigation described in clause (iv), the nonimmigrant stay of any beneficiary and any dependents listed on the beneficiary’s petition will be authorized and the alien will not accrue any period of unlawful presence under section 212(a)(9) for a 90-day period or until the expiration of the authorized validity period, whichever comes first, following the date of such termination for the purpose of departure or extension of nonimmigrant status based upon a subsequent offer of employment.; and (6) in clause (vi)— (A) by amending subclause (I) to read as follows: (I) It is a violation of this clause for an employer that has filed an application under this subsection— (aa) to require an H–1B nonimmigrant to pay a penalty or liquidated damages for ceasing employment with the employer before a date agreed to by the nonimmigrant and the employer; or (bb) to fail to offer to an H–1B 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— (AA) the opportunity to participate in health, life, disability, and other insurance plans; (BB) the opportunity to participate in retirement and savings plans; and (CC) cash bonuses and noncash compensation, such as stock options (whether or not based on performance).; and (B) in subclause (III), by striking $1,000 and inserting $5,000.