legitimate business
(3) Permits.— (A) In general .— The Secretary shall establish, administer, and enforce a system for allocating and determining terms and conditions of permits to be issued to prospective employers for each nonimmigrant worker described in this subsection who would not otherwise be eligible for admission under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). (B) Numerical cap .— The number of permits issued under subparagraph (A) may not exceed— (i) 13,000 for fiscal year 2019; (ii) 12,500 for fiscal year 2020; (iii) 12,000 for fiscal year 2021; (iv) 11,500 for fiscal year 2022; (v) 11,000 for fiscal year 2023; (vi) 10,000 for fiscal year 2024; (vii) 9,000 for fiscal year 2025; (viii) 8,000 for fiscal year 2026; (ix) 7,000 for fiscal year 2027; (x) 6,000 for fiscal year 2028; (xi) 5,000 for fiscal year 2029; and (xii) 1,000 for the first quarter of fiscal year 2030. (C) Reports regarding the percentage of united states workers.— (i) By governor .— Not later than 60 days before the end of each calendar year, the Governor shall submit a report to the Secretary that identifies the ratio between United States workers and other workers in the Commonwealth’s workforce based on income tax filings with the Commonwealth for the tax year. (ii) By gao .— Not later than December 31, 2019 , and biennially thereafter, the Comptroller General of the United States shall submit a report to the Chair and Ranking Member of the Committee on Energy and Natural Resources of the Senate, the Chair and Ranking Member of the Committee on Natural Resources of the House of Representatives, the Chair and Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chair and Ranking Member of the Committee on Education and the Workforce of the House of Representatives that identifies the ratio between United States workers and other workers in the Commonwealth’s workforce during each of the previous 5 calendar years. (D) Petition; issuance of permits.— (i) Submission .— A prospective employer may submit a petition for a permit under this paragraph not earlier than— (I) 120 days before the date on which the prospective employer needs the beneficiary’s services; or (II) if the petition is for the renewal of an existing permit, not earlier than 180 days before the expiration of such permit. (ii) Employment verification .— The Secretary shall establish a system for each employer of a Commonwealth Only Transitional Worker to submit a semiannual report to the Secretary and the Secretary of Labor that provides evidence to verify the continuing employment and payment of such worker under the terms and conditions set forth in the permit petition that the employer filed on behalf of such worker. (iii) Revocation.— (I) In general .— The Secretary, in the Secretary’s discretion, may revoke a permit approved under this paragraph for good cause, including if— (aa) the employer fails to maintain the continuous employment of the subject worker, fails to pay the subject worker, fails to timely file a semiannual report required under this paragraph, commits any other violation of the terms and conditions of employment, or otherwise ceases to operate as a legitimate business (as defined in clause (iv)(II)); (bb) the beneficiary of such petition does not apply for admission to the Commonwealth by the date that is 10 days after the period of petition validity begins, if the employer has requested consular processing; or (cc) the employer fails to provide a former, current, or prospective Commonwealth Only Transitional Worker, not later than 21 business days after receiving a written request from such worker, with the original (or a certified copy of the original) of all petitions, notices, and other written communication related to the worker (other than sensitive financial or proprietary information of the employer, which may be redacted) that has been exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency or department. (II) Reallocation of revoked petition .— Notwithstanding subparagraph (C), for each permit revoked under subclause (I) in a fiscal year, an additional permit shall be made available for use in the subsequent fiscal year. (iv) Legitimate business.— (I) In general .— A permit may not be approved for a prospective employer that is not a legitimate business. (II) Defined term .— In this clause, the term “legitimate business” means a real, active, and operating commercial or entrepreneurial undertaking that the Secretary, in the Secretary’s sole discretion, determines— (aa) produces services or goods for profit, or is a governmental, charitable, or other validly recognized nonprofit entity; (bb) meets applicable legal requirements for doing business in the Commonwealth; (cc) has substantially complied with wage and hour laws, occupational safety and health requirements, and all other Federal, Commonwealth, and local requirements related to employment during the preceding 5 years; (dd) does not directly or indirectly engage in, or knowingly benefit from, prostitution, human trafficking, or any other activity that is illegal under Federal, Commonwealth, or local law; (ee) is a participant in good standing in the E-Verify program; (ff) does not have, as an owner, investor, manager, operator, or person meaningfully involved with the undertaking, any individual who has been the owner, investor, manager, operator, or otherwise meaningfully involved with an undertaking that does not comply with item (cc) or (dd), or is the agent of such an individual; and (gg) is not a successor in interest to an undertaking that does not comply with item (cc) or (dd). (v) Construction occupations .— A permit for Construction and Extraction Occupations (as defined by the Department of Labor as Standard Occupational Classification Group 47–0000) may not be issued for any worker other than a worker described in paragraph (7)(B). (E) Typhoon recovery.— (i) Permits for construction workers .— Notwithstanding any numerical cap set forth in subparagraph (B) for each of fiscal years 2020, 2021, and 2022, the Secretary of Homeland Security shall increase by 3,000, for each such fiscal year, the total number of permits available under this subsection for Construction and Extraction Occupations (as defined by the Department of Labor as Standard Occupational Classification Group 47–0000). (ii) Permit requirements .— The Secretary may only issue a permit made available under clause (i) to a prospective employer if the permit is for an alien who— (I) is a national of a country designated eligible to participate in the program under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) during calendar year 2018; and (II) is performing service or labor pursuant to a contract or subcontract for construction, repairs, renovations, or facility services directly connected to, or associated with recovery from a presidentially declared major disaster or emergency (as those terms are defined in section 5122 of title 42 ), or for preparation for a future disaster or emergency. (iii) Exception for construction workers .— Subparagraph (D)(v) shall not apply to a permit made available under clause (i) for any fiscal year described in such clause.