H1B SAFE Act

H1B Strengthening Anti-Fraud Effectiveness Act or H1B SAFE Act - Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security, if the Secretary has specific information concerning an employer's improper hiring of a nonimmigrant H-1B alien (temporary employment in a specialty occupation or as a fashion model), to provide the Secretary of Labor with such information which may be used to initiate a Department of Labor compliance investigation.

Directs the Secretary of Homeland Security to require an employer filing an H-1B labor condition application with the Department of Labor to include the application number on the subsequent H-1B petition filed with the Department of Homeland Security.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6238 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6238

To improve the H-1B nonimmigrant program by increasing the exchange of 
  information between the Departments of Labor and Homeland Security.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2006

  Mr. Feeney introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To improve the H-1B nonimmigrant program by increasing the exchange of 
  information between the Departments of Labor and Homeland Security.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the--
            (1) ``H1B Strengthening Anti-Fraud Effectiveness Act''; or
            (2) ``H1B SAFE Act''.

SEC. 2. INCREASED DEPARTMENTAL INFORMATION EXCHANGE WITH RESPECT TO H-
              1B NONIMMIGRANT PROGRAM.

    (a) Use of Information Submitted to Secretary of Homeland Security 
to Initiate Compliance Investigation.--Section 212(n)(2)(G) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(G)) is amended--
            (1) by striking clause (v); and
            (2) by redesignating clauses (vi), (vii), and (viii) as 
        clauses (v), (vi), and (vii), respectively.
    (b) Authorizing Secretary of Homeland Security to Report Credible 
Information About Noncompliance.--Section 212(n)(2)(G)(iii) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(G)(iii)) is 
amended by adding at the end the following:
``In any case in which Secretary of Homeland Security has specific 
credible information satisfying the requirements of the first sentence 
of clause (i), or subparagraph (A), the Secretary of Homeland Security 
may provide such information to the Secretary of Labor. Such 
information may be used, in whole or in part, as the basis for the 
commencement of an investigation under clause (i) or subparagraph 
(A).''.
    (c) Inclusion of Department of Labor Application Number on Petition 
of Importing Employer.--Section 214(c)(12) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(12)) is amended by adding at the end 
the following:
    ``(F) For the purpose of preventing and detecting fraud, the 
Secretary of Homeland Security shall require an employer who has filed 
with the Secretary of Labor an application under section 212(n)(1), as 
a prerequisite to filing a petition under paragraph (1), to include the 
application number received from the Secretary of Labor on such 
petition.''.
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