SEC. _. EMPLOYER OBLIGATION TO DOCUMENT COMPARABLE JOB OPPORTUNITIES.
(a) IN GENERAL."Section 218B(b) of the Immigrationand Nationality Act, as added by section 403 of thisAct, is amended"
(1) in paragraph (1)"
(A) in subparagraph (C), by striking''and'' at the end;
(B) in subparagraph (D), by striking theperiod at the end and insert ''; and''; and
(C) by adding at the end the following:''(E) documenting that for a period of notless than 90 days before the date an applicationis filed under subsection (a)(1), and for a periodof 1 year after the date that such applicationis filed, every comparable job opportunity
(including those in the same occupation forwhich an application for a Y-1 worker is made,and all other job opportunities for which comparableeducation, training, or experience arerequired), that becomes available at the employeris posted to the designated State employmentservice agency, including a description ofthe wages and other terms and conditions ofemployment and the minimum education, training,experience and other requirements of the.job, and the designated State agency has beenauthorized"''(i) to post all such job opportunitieson the Internet website established undersection 414 of the Secure Borders, EconomicOpportunity and Immigration ReformAct of 2007, with local job banks,and with unemployment agencies and otherreferral and recruitment sources pertinentto the job involved; and''(ii) to notify labor organizations inthe State in which the job is located and,if applicable, the office of the local unionwhich represents the employees in thesame or substantially equivalent job classificationof the job opportunity.'';
(2) by redesignating paragraphs (2) and (3) asparagraphs (3) and (4), respectively; and
(3) by inserting after paragraph (1), the following:''(2) PENALTY FOR FAILURE TO DOCUMENTCOMPLIANCE."The failure of an employer to documentcompliance with paragraph (1)(E) shall resultin the employer's ineligibility to make a subsequentapplication under subsection (a)(1) during the 1.year period following the initial application. The Sec2retary of Labor shall routinely publicize the require3ment under paragraph (1)(E) in communicationswith employers, and encourage State agencies to alsopublicize such requirement, to help employers be6come aware of and comply with such requirement ina timely manner.''.
(b) DEFINITION OF EMPLOYER."Section 274A(b) ofthe Immigration and Nationality Act (8 U.S.C. 1324a(b)),as amended by subsection (a) of the first section 302 (re11lating to unlawful employment of aliens), is furtheramended by striking paragraph (2)..
