S.744 Immigration bill - Sec. 4222: INVESTIGATION, WORKING CONDITIONS, AND PENALTIES

Posted Wed, Apr 17, 2013 at 4:58 pm

    Subparagraph (C) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is amended--

      (1) in clause (i)--

        (A) in the matter preceding subclause (I)--

          (i) by striking `a condition of paragraph (1)(B), (1)(E), or (1)(F)' and inserting `a condition under subparagraph (A), (B), (C)(i), (E), (F), (G)(i)(I), (H), (I), or (J) of paragraph (1)'; and

          (ii) by striking `(1)(C)' and inserting `(1)(C)(ii)';

        (B) in subclause (I)--

          (i) by striking `$1,000' and inserting `$2,000'; and

          (ii) by striking `and' at the end;

        (C) in subclause (II), by striking the period at the end and inserting a semicolon and `and'; and

        (D) by adding at the end the following:

      `(III) an employer that violates such subparagraph (A) shall be liable to any employee harmed by such violations for lost wages and benefits.'; and

      (2) in clause (ii)--

        (A) in subclause (I)--

          (i) by striking `may' and inserting `shall'; and

          (ii) by striking `$5,000' and inserting `$10,000';

        (B) in subclause (II), by striking the period at the end and inserting a semicolon and `and'; and

        (C) by adding at the end the following:

      `(III) an employer that violates such subparagraph (A) shall be liable to any employee harmed by such violations for lost wages and benefits.';

      (3) in clause (iii)--

        (A) in the matter preceding subclause (I), by striking `90 days' both places it appears and inserting `180 days';

        (B) in subclause (I)--

          (i) by striking `may' and inserting `shall'; and

          (ii) by striking `and' at the end;

        (C) in subclause (II), by striking the period at the end and inserting a semicolon and `and'; and

        (D) by adding at the end the following:

      `(III) an employer that violates subparagraph (A) of such paragraph shall be liable to any employee harmed by such violations for lost wages and benefits.';

      (4) in clause (iv)--

        (A) by inserting `to take, or threaten to take, a personnel action, or' before `to intimidate';

        (B) by inserting `(I)' after `(iv)'; and

        (C) by adding at the end the following:

      `(II) An employer that violates this clause shall be liable to any H-1B nonimmigrant employee harmed by such violation for lost wages and benefits.'; and

      (5) in clause (vi)--

        (A) by amending subclause (I) to read as follows:

      `(I) It is a violation of this clause for an employer who has filed an application under this subsection--

        `(aa) to require an H-1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer (the Secretary shall determine whether a required payment is a penalty, and not liquidated damages, pursuant to relevant State law); and

        `(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 similarly situated 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 `$2,000'.

4222
INVESTIGATION, WORKING CONDITIONS, AND PENALTIES