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H.R. 3381 (109th): L-1 Nonimmigrant Reform Act


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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jul 21, 2005.


L-1 Nonimmigrant Reform Act - Amends the Immigration and Nationality Act to revise L-1 (intracompany transfers) nonimmigrant visa provisions.

Prohibits entry of an L-1 worker unless the employer has filed a labor condition application with the Secretary of Labor which shall attest that: (1) wage and working condition comparability exists; (2) no strike or lockout exists in the occupational classification at the employment site; (3) the employer has notified the bargaining representative or the employees about the prospective L-1 hiring; (4) the L-1 application contains occupational classification and wage and working condition information; and (5) there has not been nor will there be any lay-off of U.S. workers 180 days before or after the L-1 hiring.

Directs the Secretary and the Secretary of Homeland Security to: (1) establish processes for receipt, investigation, and disposition of violation claims; (2) establish a process to permit an L-1 alien who files a complaint to work for another employer; and (3) report annually on the use of L-1 workers.

Sets forth employer violation provisions. Makes an employer liable for the return transportation costs of an L-1 worker dismissed from employment prior to the end of the authorized admission. Imposes a fee on an L-1 employer.

Establishes in the Treasury the L-1 Nonimmigrant Petitioner Account, which shall be used for data processing, labor enforcement, and training and education of U.S. workers.

Establishes an annual 35,000 L-1 visa limit.

Eliminates L-1 blanket visa authority.

Requires: (1) an L-1 worker to have a bachelor's degree or higher in his or her area of special knowledge; and (2) verification by the Secretary of State.

Increases the prior foreign employment requirement.