[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2928 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2928
To amend the Immigration and Nationality Act to reform and reduce fraud
and abuse in certain visa programs for aliens working temporarily in
the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2025
Mr. Grassley (for himself, Mr. Durbin, Mr. Sanders, Mr. Tuberville, and
Mr. Blumenthal) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to reform and reduce fraud
and abuse in certain visa programs for aliens working temporarily in
the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``H-1B and L-1 Visa
Reform Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--H-1B VISA FRAUD AND ABUSE PROTECTIONS
Subtitle A--H-1B Employer Application Requirements
Sec. 101. Modification of application requirements.
Sec. 102. New application requirements.
Sec. 103. Application review requirements.
Sec. 104. H-1B visa allocation.
Sec. 105. H-1B workers employed by institutions of higher education.
Sec. 106. Specialty occupation to require an actual degree.
Sec. 107. Labor condition application fee.
Sec. 108. H-1B subpoena authority for the Department of Labor.
Sec. 109. Limitation on extension of H-1B petition.
Sec. 110. Elimination of B-1 visas in lieu of H-1 visas.
Subtitle B--Investigation and Disposition of Complaints Against H-1B
Employers
Sec. 111. General modification of procedures for investigation and
disposition.
Sec. 112. Investigation, working conditions, and penalties.
Sec. 113. Waiver requirements.
Sec. 114. Initiation of investigations.
Sec. 115. Information sharing.
Sec. 116. Conforming amendment.
Subtitle C--Other Protections
Sec. 121. Posting available positions through the Department of Labor.
Sec. 122. Transparency and report on wage system.
Sec. 123. Requirements for information for H-1B and L-1 nonimmigrants.
Sec. 124. Additional Department of Labor employees.
Sec. 125. Technical correction.
Sec. 126. Application.
TITLE II--L-1 VISA FRAUD AND ABUSE PROTECTIONS
Sec. 201. Prohibition on displacement of United States workers and
restricting outplacement of L-1
nonimmigrants.
Sec. 202. L-1 employer petition requirements for employment at new
offices.
Sec. 203. Cooperation with Secretary of State.
Sec. 204. Investigation and disposition of complaints against L-1
employers.
Sec. 205. Wage rate and working conditions for L-1 nonimmigrants.
Sec. 206. Penalties.
Sec. 207. Prohibition on retaliation against L-1 nonimmigrants.
Sec. 208. Adjudication by Department of Homeland Security of petitions
under blanket petition.
Sec. 209. Reports on employment-based nonimmigrants.
Sec. 210. Specialized knowledge.
Sec. 211. Technical amendments.
Sec. 212. Application.
TITLE I--H-1B VISA FRAUD AND ABUSE PROTECTIONS
Subtitle A--H-1B Employer Application Requirements
SEC. 101. MODIFICATION OF APPLICATION REQUIREMENTS.
(a) General Application Requirements.--Section 212(n)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to
read as follows:
``(A) The employer--
``(i) is offering and will offer to H-1B
nonimmigrants, during the period of authorized
employment for each H-1B nonimmigrant, wages that are
determined based on the best information available at
the time the application is filed and which are not
less than the highest of--
``(I) the locally determined prevailing
wage level for the occupational classification
in the area of employment;
``(II) the median wage for all workers in
the occupational classification in the area of
employment; and
``(III) the median wage for skill level 2
in the occupational classification found in the
most recent Occupational Employment Statistics
survey; and
``(ii) will provide working conditions for such H-
1B nonimmigrant that will not adversely affect the
working conditions of United States workers similarly
employed by the employer or by an employer with which
such H-1B nonimmigrant is placed pursuant to a waiver
under paragraph (2)(E).''.
(b) Internet Posting Requirement.--Section 212(n)(1)(C) of such Act
(8 U.S.C. 1182(n)(1)(C)) is amended--
(1) by redesignating clause (ii) as subclause (II);
(2) by striking ``(i) has provided'' and inserting the
following:
``(ii)(I) has provided''; and
(3) by inserting before clause (ii), as redesignated by
paragraph (2), the following:
``(i) has posted on the internet website described
in paragraph (3), for at least 30 calendar days, a
detailed description of each position for which a
nonimmigrant is sought that includes a description of--
``(I) the wages and other terms and
conditions of employment;
``(II) the minimum education, training,
experience, and other requirements for the
position; and
``(III) the process for applying for the
position; and''.
(c) Wage Determination Information.--Section 212(n)(1)(D) of such
Act (8 U.S.C. 1182(n)(1)(D)) is amended by inserting ``the wage
determination methodology used under subparagraph (A)(i),'' after
``shall contain''.
(d) Application of Requirements to All Employers.--
(1) Nondisplacement.--Section 212(n)(1)(E) of such Act (8
U.S.C. 1182(n)(1)(E)) is amended to read as follows:
``(E)(i) The employer--
``(I) will not at any time displace a United States
worker with 1 or more H-1B nonimmigrants; and
``(II) did not displace and will not displace a
United States worker employed by the employer within
the period beginning 180 days before and ending 180
days after the date of the placement of the
nonimmigrant with the employer.
``(ii) The 180-day periods referred to in clause (i) may
not include any period of on-site or virtual training of H-1B
nonimmigrants by employees of the employer.''.
(2) Recruitment.--Section 212(n)(1)(G)(i) of such Act (8
U.S.C. 1182(n)(1)(G)(i)) is amended by striking ``In the case
of an application described in subparagraph (E)(ii), subject''
and inserting ``Subject''.
(e) Waiver Requirement.--Section 212(n)(1)(F) of such Act (8 U.S.C.
1182(n)(1)(F)) is amended to read as follows:
``(F) The employer will not place, outsource, lease, or
otherwise contract for the services or placement of H-1B
nonimmigrants with another employer, regardless of the physical
location where such services will be performed, unless the
employer of the alien has been granted a waiver under paragraph
(2)(E).''.
SEC. 102. NEW APPLICATION REQUIREMENTS.
Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(1)), as amended by section 101, is further amended by inserting
after subparagraph (G) the following:
``(H)(i) The employer, or a person or entity acting on the
employer's behalf, has not advertised any available position
specified in the application in an advertisement that states or
indicates that--
``(I) such position is only available to an
individual who is or will be an H-1B nonimmigrant; or
``(II) an individual who is or will be an H-1B
nonimmigrant shall receive priority or a preference in
the hiring process for such position.
``(ii) The employer has not primarily recruited individuals
who are or who will be H-1B nonimmigrants to fill such
position.
``(I) If the employer employs 50 or more employees in the
United States--
``(i) the sum of the number of such employees who
are H-1B nonimmigrants plus the number of such
employees who are nonimmigrants described in section
101(a)(15)(L) does not exceed 50 percent of the total
number of employees; and
``(ii) the employer's corporate organization has
not been restructured to evade the limitation under
clause (i).
``(J) If the employer, in such previous period as the
Secretary shall specify, employed 1 or more H-1B nonimmigrants,
the employer shall submit to the Secretary the Internal Revenue
Service Form W-2 Wage and Tax Statements filed by the employer
with respect to the H-1B nonimmigrants for such period.''.
SEC. 103. APPLICATION REVIEW REQUIREMENTS.
(a) Technical Amendment.--Section 212(n)(1) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(1)), as amended by sections 101 and
102, 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.--Section 212(n)(1)(K), as
designated by subsection (a), is amended--
(1) in the fourth sentence, by inserting ``and through the
Department of Labor's website, without charge.'' after
``D.C.'';
(2) in the fifth sentence, by striking ``only for
completeness'' and inserting ``for completeness, indicators of
fraud or misrepresentation of material fact,'';
(3) in the sixth sentence--
(A) by striking ``or obviously inaccurate'' and
inserting ``, presents indicators of fraud or
misrepresentation of material fact, or is obviously
inaccurate''; and
(B) by striking ``within 7 days of'' and inserting
``not later than 14 days after''; and
(4) by adding at the end the following: ``If the Secretary
of Labor's review of an application identifies indicators of
fraud or misrepresentation of material fact, the Secretary may
conduct an investigation and hearing in accordance with
paragraph (2).''.
SEC. 104. H-1B VISA ALLOCATION.
Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(3)), is amended--
(1) by striking the first sentence and inserting the
following:
``(A) Subject to subparagraph (B), aliens who are subject
to the numerical limitations under paragraph (1)(A) shall be
issued visas, or otherwise provided nonimmigrant status, in a
manner and order established by the Secretary of Homeland
Security, by regulation.''; and
(2) by adding at the end the following:
``(B) The Secretary shall consider petitions for
nonimmigrant status under section 101(a)(15)(H)(i)(b) in the
following order:
``(i) Petitions for nonimmigrants described in
section 101(a)(15)(F) who, while physically present in
the United States, have earned an advanced degree in a
field of science, technology, engineering, or
mathematics from a United States institution of higher
education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))) that has
been accredited by an accrediting entity that is
recognized by the Department of Education.
``(ii) Petitions certifying that the employer will
be paying the nonimmigrant the median wage for skill
level 4 in the occupational classification found in the
most recent Occupational Employment Statistics survey.
``(iii) Petitions for nonimmigrants described in
section 101(a)(15)(F) who are graduates of any other
advanced degree program, undertaken while physically
present in the United States, from an institution of
higher education described in clause (i).
``(iv) Petitions certifying that the employer will
be paying the nonimmigrant the median wage for skill
level 3 in the occupational classification found in the
most recent Occupational Employment Statistics survey.
``(v) Petitions for nonimmigrants described in
section 101(a)(15)(F) who are graduates of a bachelor's
degree program, undertaken while physically present in
the United States, in a field of science, technology,
engineering, or mathematics from an institution of
higher education described in clause (i).
``(vi) Petitions for nonimmigrants described in
section 101(a)(15)(F) who are graduates of bachelor's
degree programs, undertaken while physically present in
the United States, in any other fields from an
institution of higher education described in clause
(i).
``(vii) Petitions for aliens who will be working in
occupations listed in Group I of the Department of
Labor's Schedule A of occupations in which the
Secretary of Labor has determined there are not
sufficient United States workers who are able, willing,
qualified, and available.
``(viii) Petitions filed by employers meeting the
following criteria of good corporate citizenship and
compliance with the immigration laws:
``(I) The employer is in possession of--
``(aa) a valid E-Verify company
identification number; or
``(bb) if the enterprise is using a
designated agent to perform E-Verify
queries, a valid E-Verify client
company identification number and
documentation from U.S. Citizenship and
Immigration Services that the
commercial enterprise is a participant
in good standing in the E-Verify
program.
``(II) The employer is not under
investigation by any Federal agency for
violation of the immigration laws or labor
laws.
``(III) A Federal agency has not
determined, during the immediately preceding 5
years, that the employer violated the
immigration laws or labor laws.
``(IV) During each of the preceding 3
fiscal years, at least 90 percent of the
petitions filed by the employer under section
101(a)(15)(H)(i)(b) were approved.
``(V) The employer has filed, pursuant to
section 204(a)(1)(F), employment-based
immigrant petitions, including an approved
labor certification application under section
212(a)(5)(A), for at least 90 percent of
employees imported under section
101(a)(15)(H)(i)(b) during the preceding 3
fiscal years.
``(ix) Any remaining petitions.
``(C) In this paragraph the term `field of science,
technology, engineering, or mathematics' means a field included
in the Department of Education's Classification of
Instructional Programs taxonomy within the summary groups of
computer and information sciences and support services,
engineering, biological and biomedical sciences, mathematics
and statistics, and physical sciences.''.
SEC. 105. H-1B WORKERS EMPLOYED BY INSTITUTIONS OF HIGHER EDUCATION.
Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(5)) is amended by striking ``is employed (or has received an
offer of employment) at'' each place such phrase appears and inserting
``is employed by (or has received an offer of employment from)''.
SEC. 106. SPECIALTY OCCUPATION TO REQUIRE AN ACTUAL DEGREE.
Section 214(i) of the Immigration and Nationality Act (8 U.S.C.
1184(i)) is amended--
(1) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) attainment of a bachelor's or higher degree in the
specific specialty directly related to the occupation as a
minimum for entry into the occupation in the United States.'';
and
(2) by striking paragraph (2) and inserting the following:
``(2) For purposes of section 101(a)(15)(H)(i)(b), the requirements
under this paragraph, with respect to a specialty occupation, are--
``(A) full State licensure to practice in the occupation,
if such licensure is required to practice in the occupation; or
``(B) if a license is not required to practice in the
occupation--
``(i) completion of a United States degree
described in paragraph (1)(B) for the occupation; or
``(ii) completion of a foreign degree that is
equivalent to a United States degree described in
paragraph (1)(B) for the occupation.''.
SEC. 107. LABOR CONDITION APPLICATION FEE.
Section 212(n) of the Immigration and Nationality Act (8 U.S.C.
1182(n)), as amended by sections 101 through 103, is further amended by
adding at the end the following:
``(6)(A) The Secretary of Labor shall promulgate a regulation that
requires applicants under this subsection to pay a reasonable