S.744 Immigration bill - Sec. 4214: APPLICATION REVIEW REQUIREMENTS
Posted Wed, Apr 17, 2013 at 4:58 pm
- (a) Technical Amendment- Section 212(n)(1) (8 U.S.C.
1182(n)(1)), as amended by section 4213, is further amended in the
undesignated paragraph at the end, by striking `The employer' and
inserting the following:
- `(K) The employer'.
- (b) Application Review Requirements- Subparagraph (K) of such section 212(n)(1), as designated by subsection (a), is amended--
- (1) by inserting `and through the Department of Labor's website, without charge.' after `D.C.';
- (2) by striking `only for completeness' and inserting
`for completeness and evidence of fraud or misrepresentation of material
- (3) by striking `or obviously inaccurate' and inserting
`, presents evidence of fraud or misrepresentation of material fact, or
is obviously inaccurate';
- (4) by striking `within 7 days of the' and inserting `not later than 14 after'; and
- (5) by adding at the end the following: `If the
Secretary's review of an application identifies evidence of fraud or
misrepresentation of material fact, the Secretary may conduct an
investigation and hearing in accordance with paragraph (2).'.
- (c) Filing of Petition for Nonimmigrant Worker- Section
212(n)(1) (8 U.S.C. 1182(n)(1)), as amended by section 4213, is further
amended by adding at the end the following:
- `(L) An I-129 Petition for Nonimmigrant Worker (or similar successor form)--
- `(i) may be filed by an employer with the Secretary
of Homeland Security prior to the date the employer receives an
approved certification described in section 101(a)(15)(H)(i)(b) from the
Secretary of Labor; and
- `(ii) may not be approved by the Secretary of Homeland Security until the date such certification is approved.'.
CHAPTER 2-- INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H-1B EMPLOYERS
APPLICATION REVIEW REQUIREMENTS