S.744 Immigration bill - Sec. 4306: INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST L NONIMMIGRANT EMPLOYERS
Posted Wed, Apr 17, 2013 at 4:58 pm
- Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by
sections 4302, 4303, and 4304 is further amended by adding at the end
- `(J)(i) The Secretary of Homeland Security may initiate an
investigation of any employer that employs nonimmigrants described in
section 101(a)(15)(L) with regard to the employer's compliance with the
requirements of this subsection.
- `(ii)(I) If the Secretary receives specific credible
information from a source who is likely to have knowledge of an
employer's practices, employment conditions, or compliance with the
requirements under this subsection, the Secretary may conduct an
investigation into the employer's compliance with the requirements of
- `(II) The Secretary may withhold the identity of a source
referred to in subclause (I) from an employer and the identity of such
source shall not be subject to disclosure under section 552 of title 5,
United States Code.
- `(iii) The Secretary shall establish a procedure for any
person desiring to provide to the Secretary information described in
clause (ii)(I) that may be used, in whole or in part, as the basis for
the commencement of an investigation described in such clause, to
provide the information in writing on a form developed and provided by
the Secretary and completed by or on behalf of the person.
- `(iv) No investigation described in clause (ii)(I) (or
hearing described in clause (vi) based on such investigation) may be
conducted with respect to information about a failure to comply with the
requirements under this subsection, unless the Secretary receives the
information not later than 24 months after the date of the alleged
- `(v)(I) Subject to subclause (III), before commencing an
investigation of an employer under clause (i) or (ii), the Secretary
shall provide notice to the employer of the intent to conduct such
- `(II) The notice required by subclause (I) shall be
provided in such a manner, and shall contain sufficient detail, to
permit the employer to respond to the allegations before an
investigation is commenced.
- `(III) The Secretary is not required to comply with this
clause if the Secretary determines that to do so would interfere with an
effort by the Secretary to investigate or secure compliance by the
employer with the requirements of this subsection.
- `(IV) There shall be no judicial review of a determination by the Secretary under this clause.
- `(vi) If the Secretary, after an investigation under clause
(i) or (ii), determines that a reasonable basis exists to make a
finding that the employer has failed to comply with the requirements
under this subsection, the Secretary shall provide the interested
parties with notice of such determination and an opportunity for a
hearing in accordance with section 556 of title 5, United States Code,
not later than 120 days after the date of such determination. If such a
hearing is requested, the Secretary shall make a finding concerning the
matter by not later than 120 days after the date of the hearing.
- `(vii) If the Secretary, after a hearing, finds a
reasonable basis to believe that the employer has violated the
requirements under this subsection, the Secretary shall impose a penalty
under subparagraph (K).
- `(viii)(I) The Secretary may conduct surveys of the degree to which employers comply with the requirements under this section.
- `(II) The Secretary shall--
- `(aa) 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 nonimmigrants described in
- `(bb) make available to the public an executive summary
or report describing the general findings of the audits carried out
pursuant to this subclause.'.
INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST L NONIMMIGRANT EMPLOYERS