To amend the Immigration and Nationality Act to prevent an employer from placing a nonimmigrant who is an intracompany transferee with another employer.
Mr. MICA introduced the following bill; which was referred
to the Committee on the Judiciary
To amend the Immigration and Nationality Act to prevent an employer from placing a nonimmigrant who is an intracompany transferee with another employer.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end the following:
`(F)(i) No alien may be admitted or provided status as a nonimmigrant described in section 101(a)(15)(L) unless the importing employer has filed with the Secretary of Labor an application stating that the employer will not place the nonimmigrant with another employer where--
`(I) the nonimmigrant performs duties in whole or in part at one or more worksites owned, operated, or controlled by such other employer; and
`(II) there are indicia of an employment relationship between the nonimmigrant and such other employer.
`(ii) The employer shall make available for public examination, within one working day after the date on which an application under this subparagraph is filed, at the employer's principal place of business or worksite, a copy of each such application (and such accompanying documents as are necessary). The Secretary shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under this subparagraph. The Secretary shall make such list available for public examination in Washington, DC. The Secretary of Labor shall review such an application only for completeness and obvious inaccuracies. Unless the Secretary of Labor finds that an application is incomplete or obviously inaccurate, the Secretary of Labor shall certify to the Secretary of Homeland Security, within 7 days of the date of the filing of the application, that the requirements of this clause have been satisfied. The application form shall include a clear statement explaining the liability under this subparagraph of an employer who places a nonimmigrant with another employer in violation of clause (i).
`(iii) The provisions of section 212(n)(2) shall apply to a failure to meet a condition of clause (i) in the same manner as such provisions apply to a failure to meet a condition of section 212(n)(1)(F).'.