Prohibition on retaliation against L–1 nonimmigrants

Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 through 206, is further amended by adding at the end the following: (M) (i) An employer that has filed a petition to import 1 or more aliens as nonimmigrants described in section 101(a)(15)(L) violates this subparagraph 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— (I) has disclosed information that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection; or (II) cooperates or seeks to cooperate with the requirements under this subsection, or any rule or regulation pertaining to this subsection. (ii) Upon termination of the employment of an alien described in section 101(a)(15)(L) on account of actions by such alien described in subclauses (I) and (II) of clause (i), such alien’s nonimmigrant stay and the stay of any beneficiary and any dependents listed on the beneficiary’s petition or application will be authorized and the aliens will not accrue any period of unlawful presence under section 212(a)(9) for a 90-day period or upon 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. (iii) In this subparagraph, the term employee includes— (I) a current employee; (II) a former employee; and (III) an applicant for employment..