Prohibition on displacement of United States workers and restricting outplacement of L–1 nonimmigrants

(a) Restriction on outplacement of L–1 workers Section 214(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(F)) is amended to read as follows: (F) (i) Unless an employer receives a waiver under clause (ii), an employer may not employ an alien, for a cumulative period exceeding 1 year, who— (I) will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section 101(a)(15)(L); and (II) will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent, including pursuant to an outsourcing, leasing, or other contracting agreement. (ii) The Secretary of Labor may grant a waiver of the requirements under clause (i) if the Secretary determines that the employer requesting such waiver has established that— (I) the employer with which the alien referred to in clause (i) would be placed— (aa) will not at any time displace (as defined in section 212(n)(4)(B)) a United States worker (as defined in section 212(n)(4)(E)) with 1 or more nonimmigrants described in section 101(a)(15)(L); and (bb) has not displaced and will not displace (as defined in section 212(n)(4)(B)) a United States worker (as defined in section 212(n)(4)(E)) employed by the employer within the period beginning 180 days before the date of the placement of such alien with the employer and ending 180 days after such date (not including any period of on-site or virtual training of nonimmigrants described in section 101(a)(15)(L) by employees of the employer); (II) such alien will be principally controlled and supervised by the petitioning employer; and (III) the placement of the nonimmigrant is not essentially an arrangement to provide labor for hire for an unaffiliated employer with which the nonimmigrant will be placed, rather than a placement in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary. (iii) The Secretary shall grant or deny a waiver under clause (ii) not later than seven days after the date on which the Secretary receives the application for the waiver.. (b) Prohibition on displacement of United States workers Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end the following: (G) (i) An employer importing an alien as a nonimmigrant under section 101(a)(15)(L)— (I) may not at any time displace (as defined in section 212(n)(4)(B)) a United States worker (as defined in section 212(n)(4)(E)) with 1 or more such nonimmigrants; and (II) may not displace (as defined in section 212(n)(4)(B)) a United States worker (as defined in section 212(n)(4)(E)) employed by the employer during the period beginning 180 days before and ending 180 days after the date of the placement of such a nonimmigrant with the employer. (ii) The 180-day periods referenced in clause (i) may not include any period of on-site or virtual training of nonimmigrants described in clause (i) by employees of the employer.. (c) Rulemaking The Secretary of Homeland Security, after notice and a period for comment, shall promulgate rules for an employer to apply for a waiver under section 214(c)(2)(F)(ii), as added by subsection (a).