I 

116TH CONGRESS 

2D SESSION H. R. 8954 

To reform the process by which temporary nonagricultural workers’ visas 

are allocated, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2020 

Mr. CASTRO of Texas (for himself, Ms. JUDY CHU of California, Ms. BASS, 

Ms. SA ́NCHEZ, Ms. JAYAPAL, Mr. LEVIN of Michigan, Ms. DELAURO, 

and Mr. POCAN) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To reform the process by which temporary nonagricultural 

workers’ visas are allocated, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Seasonal Worker Soli5 darity Act of 2020’’. 

6 SEC. 2. H–2B WORKERS. 

7 (a) IN GENERAL.—The Immigration and Nationality 

8 Act (8 U.S.C. 1151 et seq.) is amended by inserting after 

9 section 218 the following: 


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1 ‘‘SEC. 218A. ADMISSION OF H–2B WORKERS. 

2 ‘‘(a) NATIONWIDE RECRUITMENT.— 

3 ‘‘(1) IN GENERAL.—The Secretary of Labor 

4 shall require employers to conduct recruitment ac5 tivities nationwide and consider, without prejudice, 

6 applications from workers and labor organizations in 

7 any region, including all of the States and territories 

8 of the United States, consistent with the require9 ments in section 101(a)(15)(H)(ii)(b) of the Immi10 gration and Nationality Act. The Secretary shall co11 ordinate with State Workforce Agencies to conduct 

12 concerted recruitment in any State or metropolitan 

13 statistical areas designated by the Secretary of 

14 Labor as a Labor Surplus Area. 

15 ‘‘(2) DISASTER RESPONSE WORKERS.— 

16 ‘‘(A) DISASTER RESPONSE PRIORITY FOR

17 DISPLACED WORKERS.—Any worker authorized 

18 to work in the United States who is displaced 

19 as a result of a local, State, or nationally de20 clared disaster shall be given priority for em21 ployment as a temporary nonagricultural work22 er. 

23 ‘‘(B) SUPPLEMENTAL INFORMATION.— 

24 Employers seeking to hire temporary non25 agricultural workers for disaster response shall 

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1 mental worksheet detailing the health and safe2 ty training plan and equipment to be provided 

3 to temporary nonagricultural workers to ensure 

4 health and safety of such workers in impacted 

5 geographical areas. 

6 ‘‘(C) PLAN APPROVAL.—The Secretary of 

7 Labor may not issue a labor certification unless 

8 the Secretary approves the plan to adequately 

9 protect workers in declared disaster areas sub10 mitted under this paragraph. 

11 ‘‘(b) ADVISORY COMMITTEE.—In accordance with the 

12 provisions of the Federal Advisory Committee Act, the 

13 Secretary of Labor shall establish an advisory committee 

14 not later than 5 months after the date of enactment of 

15 the Seasonal Worker Solidarity Act of 2020, whose mem16 bership shall consist of representatives from the Depart17 ment of Labor, State Workforce Agencies, and labor orga18 nizations, and organizations advocating for workers in rel19 evant industries. The advisory committee shall meet on a 

20 periodic basis and shall advise the Secretary of Labor on 

21 issues related to improving recruitment of United States 

22 workers and the development, testing, and implementation 

23 of the recruitment platform described in subsection (c) 

24 and the prevention of discrimination in the recruitment, 

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1 ers. Not later than 18 months after the date on which 

2 the advisory committee hold its initial meeting, the com3 mittee shall submit to the Secretary of Labor and Con4 gress a report on issues related to improving recruitment 

5 of United States workers and the development, testing, 

6 and implementation of the recruitment platform and the 

7 prevention of discrimination in the recruitment, hiring, 

8 and treatment of temporary nonagricultural workers. 

9 ‘‘(c) RECRUITMENT PLATFORM.— 

10 ‘‘(1) CREATION.—Not later than 90 days after 

11 the date of enactment of the Seasonal Worker Soli12 darity Act of 2020, the Secretary of Labor shall cre13 ate and make available on the Department of Labor 

14 website a centralized, national electronic seasonal 

15 and temporary job search and worker recruitment 

16 platform (in this section referred to as the ‘recruit17 ment platform’) for employment opportunities for 

18 which employers are seeking authorization to hire 

19 H–2B workers. 

20 ‘‘(2) PURPOSE.—The recruitment platform 

21 shall allow applicants to submit applications for 

22 available positions electronically to— 

23 ‘‘(A) facilitate the nationwide recruitment 

24 of United States workers; and 


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1 ‘‘(B) provide transparency about United 

2 States employment opportunities for job seekers 

3 outside of the United States. 

4 ‘‘(3) NOTIFICATION.—The Secretary of Labor 

5 shall create a mechanism by which the public, job 

6 seekers, State Workforce Agencies, labor unions, and 

7 other organizations are able to receive electronic no8 tification within 24 hours when job orders in rel9 evant industries and regions are posted to the 

10 website. 

11 ‘‘(4) REGISTRATION.—An employer seeking to 

12 recruit temporary nonagricultural workers shall reg13 ister on the recruitment platform and job orders on 

14 the recruitment platform may only be posted by such 

15 registered employers. 

16 ‘‘(5) ARCHIVES.—Job orders shall remain pub17 licly accessible for a period of at least 5 years after 

18 the original posting date. 

19 ‘‘(d) PUBLIC RESPONSE.—The Secretary of Labor, 

20 in consultation with the Secretary of Homeland Security, 

21 shall develop a streamlined process for labor organiza22 tions, and organizations advocating for workers in relevant 

23 industries, to publicly challenge an employer’s claim of 

24 temporary need, wage rates, job requirements posted to 


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1 the recruitment platform, or any other employment issue 

2 related to temporary nonagricultural workers. 

3 ‘‘(e) EMPLOYER CERTIFICATION.—When registering 

4 on the recruitment platform, an employer shall certify 

5 compliance with each of the following: 

6 ‘‘(1) SAFE AND FAIR WORKPLACE.— 

7 ‘‘(A) IN GENERAL.—The employer shall, in 

8 addition to all other certifications required by 

9 the Secretary of Labor meet the following re10 quirements: 

11 ‘‘(i) LEGAL COMPLIANCE.—The em12 ployer shall comply with Federal law and 

13 any applicable State law, or local law or 

14 ordinance, and recognize any labor organi15 zation that provides evidence of support 

16 from a majority of the workforce. 

17 ‘‘(ii) WORKERS’ COMPENSATION.— 

18 The employer shall provide workers’ com19 pensation insurance coverage in compliance 

20 with State law covering injury and disease 

21 arising out of and in the course of the 

22 worker’s employment. If the type of em23 ployment for which the certification is 

24 sought is not covered by or is exempt from 

25 the State’s workers’ compensation law, the 


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1 employer shall provide, at no cost to the 

2 worker, insurance covering injury and dis3 ease arising out of and in the course of the 

4 worker’s employment that shall provide 

5 benefits at least equal to those provided 

6 under the State workers’ compensation law 

7 for other comparable employment. 

8 ‘‘(iii) CONDITIONS OF EMPLOY9 MENT.—The employer shall offer the same 

10 terms and conditions of employment 

11 whether the workers hired to fill posted po12 sitions are recruited domestically or from 

13 abroad. 

14 ‘‘(B) PENALTY.—The National Labor Re15 lations Board shall, within 2 weeks of employer 

16 registration, review relevant records to verify 

17 employer compliance with this paragraph over 

18 the previous 5-year period. An employer who 

19 has failed to comply shall be subject to a 2-year 

20 suspension from the H–2B program and the 

21 use of the recruitment platform. 

22 ‘‘(2) POSTING.— 

23 ‘‘(A) IN GENERAL.—The employer shall 

24 post job orders on the recruitment platform for 

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1 tification. Any United States applicant who ap2 plies for a job on the recruitment platform may 

3 only be rejected for job-related reasons and 

4 those found by the Secretary of Labor to have 

5 been rejected on any other basis shall be hired. 

6 Each employer shall retain records of all hired 

7 workers and rejected applicants for 5 years. 

8 ‘‘(B) LANGUAGE.—The following are re9 quirements with respect to job order postings 

10 on the recruitment platform: 

11 ‘‘(i) In the case of any employer 

12 whose workforce is comprised of a signifi13 cant portion of workers who are not lit14 erate in English, such employer shall pro15 vide the job order posting in a language in 

16 which the employees are literate. 

17 ‘‘(ii) The Secretary of Labor shall 

18 post all job orders prepared by employers 

19 in English, Spanish, and such other lan20 guage as the Secretary may determine nec21 essary on their website. 

22 ‘‘(C) FORMAT.—Each job order shall be 

23 posted in a standard format, developed by the 

24 Secretary of Labor, which shall include such 


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1 terms and conditions of employment as the Sec2 retary may require, including— 

3 ‘‘(i) the States and locations in which 

4 workers will be employed and information 

5 that is searchable and shareable in an elec6 tronic format; 

7 ‘‘(ii) wages, hours, working conditions, 

8 worksite, and other benefits of employment 

9 that the Secretary of Labor, in consulta10 tion with State Workforce Agencies, deter11 mines are in compliance with requirements 

12 of Federal, State, and local law; and 

13 ‘‘(iii) official forms submitted by pro14 spective H–2B employers to secure labor 

15 certification and prevailing wage deter16 minations, including any approvals thereof 

17 by the Secretary of Labor. 

18 ‘‘(3) UNION APPLICANTS.—The employer shall 

19 consider applicants or groups of applicants put for20 ward by United States labor organizations and orga21 nizations advocating for workers in relevant indus22 tries that have qualified members available for post23 ed job orders. The employer shall recognize the 

24 union training credentials of members of United 

25 States labor unions who come from abroad and such 


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1 members shall be eligible for H–2B visas that are 

2 exempt from annual numerical limitations. 

3 ‘‘(4) WORKER QUALIFICATIONS.— 

4 ‘‘(A) IN GENERAL.—The employer shall 

5 hire workers who meet the minimum qualifica6 tions for a position, and shall not impose un7 necessary experience or educational require8 ments of applicants, and shall not require 

9 criminal background checks, unless otherwise 

10 required by law for the specific position. 

11 ‘‘(B) POSITIONS REQUIRING LITTLE OR NO

12 EXPERIENCE.—In the case that the Secretary 

13 of Labor determines that a position is in an Oc14 cupational Information Network Job Zone One 

15 occupation requiring little or no prior training 

16 or experience, the Secretary shall not permit an 

17 employer to require prior training or experience 

18 for the position. 

19 ‘‘(5) WAGE RATES.—The salaries paid to H–2B 

20 workers shall be set at rates that do not adversely 

21 affect the local or national average wages in the oc22 cupations of employment or otherwise negatively im23 pact the working conditions and benefits of workers 

24 in the United States who are similarly employed. 


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1 ‘‘(6) MINIMUM WORK HOURS.—The employer 

2 shall guarantee that temporary nonagricultural 

3 workers are paid for at least the number of hours 

4 stipulated on the job order, and not less than 40 

5 hours per week. 

6 ‘‘(7) TRANSPORTATION AND HOUSING.—The 

7 employer shall provide transportation and offer 

8 housing for any temporary nonagricultural workers 

9 hired to fill posted job orders as follows: 

10 ‘‘(A) TRANSPORTATION.— 

11 ‘‘(i) TRANSPORTATION TO AND FROM

12 PLACE OF EMPLOYMENT.—The employer 

13 shall provide transportation and subsist14 ence for each temporary nonagricultural 

15 worker to travel from the worker’s place of 

16 permanent residence to the place of em17 ployment and back at no cost to the work18 er. 

19 ‘‘(ii) TRANSPORTATION BETWEEN LIV20 ING QUARTERS AND WORKSITE.—The em21 ployer shall provide daily round-trip trans22 portation between living quarters and 

23 worksite at no cost to workers, whether or 

24 not the housing is employer provided. 


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1 ‘‘(iii) EMPLOYER-PROVIDED TRANS2 PORTATION.—All employer-provided trans3 portation shall comply with all applicable 

4 Federal, State, or local laws and regula5 tions, and shall meet all relevant transpor6 tation safety standards, driver licensure, 

7 and vehicle insurance requirements. 

8 ‘‘(iv) EMPLOYER-REIMBURSED TRANS9 PORTATION.—Notwithstanding clauses (i), 

10 (ii), and (iii), in lieu of providing transpor11 tation to a temporary nonagricultural 

12 worker, an employer may reimburse a such 

13 worker for transportation if such reim14 bursement is made not later than 5 busi15 ness days after receipt of written docu16 mentation of the worker’s transportation 

17 costs. 

18 ‘‘(B) HOUSING.— 

19 ‘‘(i) OBLIGATION TO PROVIDE HOUS20 ING.—The employer shall provide housing 

21 at no cost to temporary nonagricultural 

22 workers who seek such housing and H–2B 

23 workers. Housing shall meet the following 

24 criteria: 


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1 ‘‘(I) HOUSING STANDARDS.— 

2 Employer-provided housing may be 

3 owned or rented by the employer and 

4 shall meet Federal temporary housing 

5 regulations and comply with all other 

6 applicable Federal, State, or local 

7 laws and regulations and meet all rel8 evant Occupational Safety and Health 

9 Administration standards. The em10 ployer shall retain for at least 5 years 

11 any records documenting that the em12 ployer-provided housing is compliant 

13 with such laws, regulations, and 

14 standards. 

15 ‘‘(II) HOUSING COSTS AND

16 FEES.—In a case in which the em17 ployer provides rented housing, hous18 ing fees shall be paid according to the 

19 following criteria: 

20 ‘‘(aa) RENTAL COSTS AND

21 FEES.—Any costs, including 

22 charges and fees for rental hous23 ing, shall be paid by the employer 

24 to the owner or operator of the 

25 housing. 


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1 ‘‘(bb) DEPOSIT CHARGES.— 

2 Neither employers nor landlords 

3 may charge workers for bedding, 

4 furnishings, or other similar 

5 incidentals related to housing. An 

6 employer may require workers to 

7 reimburse the employer for dam8 age for which they are respon9 sible and which is not the result 

10 of normal wear and tear related 

11 to habitation. 

12 ‘‘(cc) CHARGES FOR PUBLIC

13 HOUSING.—If the employer se14 cures public housing for tem15 porary nonagricultural workers 

16 under the auspices of a local or 

17 State government, the employer 

18 shall pay any charges normally 

19 required for use of the public 

20 housing units directly to the 

21 housing’s management. 

22 ‘‘(ii) FAMILY HOUSING.—Family 

23 housing shall be made available to spouses 

24 and dependents of temporary non25 agricultural workers who request it, and 


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1 employers should inform temporary non2 agricultural workers at the time of hire of 

3 the right to make such a request. 

4 ‘‘(8) RECORDS.—The employer shall maintain 

5 certified payroll records, which shall be made avail6 able to the Department of Labor, workers and the 

7 designees of such workers upon request. Such 

8 records shall not be subject to the Freedom of Infor9 mation Act and shall be maintained by an employer 

10 for five calendar years after the last date of employ11 ment. The employer shall issue pay statements in 

12 both a paper and electronic format to workers that 

13 clearly enumerate wage rates, hours, and all deduc14 tions and identify the legal name, business address, 

15 and Federal employer identification number of the 

16 employer. H–2B wages shall be paid by the employer 

17 who submits the labor certification application. 

18 ‘‘(9) DIRECT EMPLOYMENT.—A registered em19 ployer shall employ temporary nonagricultural work20 ers directly and not place H–2B workers under the 

21 direct or indirect supervision of a third party em22 ployer, agency, or contractor. Subcontracting of H– 

23 2B workers is prohibited. 

24 ‘‘(10) HIRING H–2B WORKERS.—Before hiring 

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1 tic recruitment on the national recruitment platform, 

2 the employer shall— 

3 ‘‘(A) attest to a shortage of workers in the 

4 local surrounding areas and across the United 

5 States; and 

6 ‘‘(B) at the time of recruitment and upon 

7 hire, provide H–2B workers with a written no8 tice, in a language that the worker understands, 

9 that identifies the job classification, describes 

10 duties, compensation, hours, all relevant terms 

11 of employment, housing, and transportation and 

12 information on applicable labor and employment 

13 rights, including the right to form or join a 

14 labor organization under the National Labor 

15 Relations Act. 

16 ‘‘(11) SUPPLY CHAIN DISCLOSURE AND RE17 QUIREMENTS.— 

18 ‘‘(A) IN GENERAL.—The employer shall 

19 disclose the entire recruitment supply chain, in20 cluding any recruiters or foreign or domestic 

21 labor contractors and subagent local recruiters 

22 involved in securing workers for job postings 

23 and any funding sources for the work to be pro24 vided, including both public and private con25 tracts. 


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1 ‘‘(B) JOINT AND SEVERAL LIABILITY.— 

2 The employer shall be jointly and severally lia3 ble for the actions of any recruiters or foreign 

4 or domestic labor contractors involved in or act5 ing on behalf of the employer in securing work6 ers for job postings. 

7 ‘‘(C) WRITTEN VERIFICATIONS.—The em8 ployer shall obtain and submit to the Secretary 

9 of Labor written certifications that any and all 

10 recruiters or foreign or domestic labor contrac11 tors in the supply chain shall— 

12 ‘‘(i) engage in non-discriminatory hir13 ing practices; 

14 ‘‘(ii) at the time of recruitment and in 

15 a language the workers understand, pro16 vide workers with posted job orders and 

17 terms and conditions of employment; 

18 ‘‘(iii) not charge fees of any kind to 

19 any applicant or job seeker, including in 

20 the form of loans, deductions, or kick21 backs; and 

22 ‘‘(iv) not engage in forms of retalia23 tion, including blacklisting. 

24 ‘‘(f) PUBLISHED ATTESTATIONS.—Employer attesta25 tions and data disclosures made pursuant to this section 


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1 shall be made publicly available on the national job search 

2 and worker recruitment platform immediately upon being 

3 entered into the system. 

4 ‘‘(g) NON-DISCRIMINATION AND WAGE EQUITY.— 

5 ‘‘(1) APPLICATION REVIEW.— 

6 ‘‘(A) IN GENERAL.—In order to prevent 

7 adverse effects on the wages of United States 

8 workers, employers shall offer and pay United 

9 States workers and H–2B workers the highest 

10 of— 

11 ‘‘(i) the mean of the wages of workers 

12 similarly employed in the area of intended 

13 employment using the wage component of 

14 the Bureau of Labor Statistics Occupa15 tional Employment Statistics Survey; 

16 ‘‘(ii) 200 percent of the Federal min17 imum wage; 

18 ‘‘(iii) any collectively bargained wage 

19 and fringe rates for the broad occupational 

20 category within each State of employment; 

21 ‘‘(iv) wage and fringe benefit rates ap22 plicable to similar construction, alteration, 

23 or repair work in the locality as deter24 mined by the Secretary of Labor in accord25 ance with subchapter IV of chapter 31 of 


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1 title 40, United States Code (known as the 

2 Davis-Bacon Act); and 

3 ‘‘(v) any wage and fringe benefit rates 

4 for the occupation established by chapter 

5 67 of title 41 (known as the McNamara6 O’Hara Service Contract of 1965). 

7 ‘‘(B) OCCUPATION DESIGNATION.—For 

8 purposes of this paragraph, the term ‘occupa9 tion’ does not include an occupation that is a 

10 subset of a Standard Occupational Classifica11 tion or a Department of Labor approved Occu12 pational Information Network subclassification 

13 if such subset or subclassification would result 

14 in an average wage that is lower than the aver15 age wage in the Standard Occupational Classi16 fication from which the subset or subclassifica17 tion is derived. 

18 ‘‘(2) WAGE SURVEYS.—The Secretary of Labor 

19 may only consider Federal data sources and may not 

20 permit the use of private wage surveys or wage sur21 veys conducted by State or local public agencies or 

22 private entities to establish the mean wage for an oc23 cupation under paragraph (1)(A)(i). 


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1 ‘‘(3) LABOR CERTIFICATIONS.—Prior to ap2 proving a labor certification, the Secretary of Labor 

3 shall— 

4 ‘‘(A) cross reference each employer appli5 cant with relevant Department of Labor data6 bases, including the Equal Employment Oppor7 tunity Commission database, and National 

8 Labor Relations Board databases to determine 

9 whether a labor dispute or investigation is on10 going; and 

11 ‘‘(B) in the event of an ongoing labor dis12 pute or investigation, implement supplemental 

13 measures to prevent abuses of temporary non14 agricultural workers, including onsite visits, 

15 interviewing workers, requiring additional safe16 ty measures, and denying certifications when 

17 appropriate. 

18 ‘‘(4) AUDIT.—Every fiscal year, the Secretary 

19 of Labor shall conduct random audits of not less 

20 than 5 percent of all H–2B employers and not less 

21 than 50 percent of all employers employing more 

22 than 50 H–2B workers. The Secretary of Labor 

23 shall give priority to the audit of employers with a 

24 workforce in which at least 15 percent of workers 

25 have H–2B status. The audits shall assess— 


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1 ‘‘(A) whether the employer is engaging in 

2 criminal background checks that are not other3 wise required by a Federal, State, or local law; 

4 ‘‘(B) whether experience requirements are 

5 reasonable for the indicated Occupational Infor6 mation Network level and commensurate with 

7 the advertised position, and whether such re8 quirements are used to screen out applicants 

9 based on their race, age, national origin, dis10 ability, genetic information, religious belief, or 

11 sex, including sexual orientation or gender iden12 tity; 

13 ‘‘(C) whether an employer’s hiring prac14 tices are having a disparate impact on employ15 ees; 

16 ‘‘(D) whether an employer is adhering to 

17 the terms of the job order, employment con18 tract, or collective bargaining agreement and 

19 has paid the promised wage rates listed on the 

20 labor certification and petition for an H–2B 

21 worker, as well as any other applicable overtime 

22 hours, fringe benefits, or bonuses; 

23 ‘‘(E) whether the employer has engaged in 

24 retaliation; 


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1 ‘‘(F) whether the employer has committed 

2 or is being investigated for any other violations 

3 of labor and employment law; 

4 ‘‘(G) whether housing and transportation 

5 provided to temporary nonagricultural workers 

6 meets all relevant standards; and 

7 ‘‘(H) whether recruiters designated by the 

8 H–2B employers are in compliance with labor 

9 and employment laws. 

10 ‘‘(5) OVERSIGHT.—The Secretary of Labor 

11 shall conduct active and ongoing oversight of the re12 cruitment platform, registered employers, and the 

13 H–2B program to ensure that— 

14 ‘‘(A) there is no adverse effect on wages 

15 and working conditions; 

16 ‘‘(B) United States workers and H–2B 

17 workers receive equal treatment; 

18 ‘‘(C) any application for labor certification 

19 that does not meet the requirements of this sec20 tion is denied; 

21 ‘‘(D) action is taken based on the audits 

22 conducted pursuant to paragraph (4), includ23 ing— 

24 ‘‘(i) the initiation of civil or criminal 

25 proceedings where appropriate; 


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1 ‘‘(ii) the identification of and public 

2 reporting of recurring challenges for 

3 women and other protected classes and 

4 underrepresented groups seeking tem5 porary nonagricultural employment; and 

6 ‘‘(iii) the initiation process for suspen7 sion or permanent debarment of employers 

8 where appropriate. 

9 ‘‘(6) EQUAL OPPORTUNITY ADVOCATE.—The 

10 Secretary of Labor shall create an H–2B Equal Op11 portunity Advocate position to investigate, report on, 

12 and address any challenges identified under para13 graph (4)(B). The Equal Opportunity Advocate shall 

14 report to and consult with the Advisory Committee. 

15 ‘‘(h) VISA ALLOCATION.— 

16 ‘‘(1) DURATION.—In order to be eligible for the 

17 H–2B program, a job order may not exceed a term 

18 of 7 months. 

19 ‘‘(2) QUARTERLY ALLOCATION.—Every quarter 

20 of the fiscal year, the Secretary of Homeland Secu21 rity shall make available one-fourth of all H–2B pe22 titions subject to the annual numerical limit. Any 

23 unused H–2B petition numbers shall roll over to the 

24 following quarter in the same fiscal year, but shall 

25 not roll over to the following fiscal year. 


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1 ‘‘(3) CAP PER EMPLOYER.—An employer may 

2 not employ more than 100 H–2B workers, including 

3 any workers hired by a subcontractor of the em4 ployer, at any time. 

5 ‘‘(4) LIMITATIONS ON H–2B SHARE OF A WORK6 FORCE.—If an employer employs 50 or more work7 ers in the United States, the sum of the number of 

8 such workers who are H–2B workers may not exceed 

9 50 percent of the total number of workers employed. 

10 ‘‘(5) PRIORITY.—In a case in which demand for 

11 visas exceeds supply in any given quarter, the Sec12 retary of Homeland Security shall give priority in 

13 visa issuance to employers that— 

14 ‘‘(A) pay wages at the 75th percentile or 

15 above based on Department of Labor survey 

16 data or collectively bargained wages or Davis 

17 Bacon wages; 

18 ‘‘(B) are seeking to employ H–2B workers 

19 on worksites located in States with exception20 ally low unemployment rates; 

21 ‘‘(C) are hiring returning workers pre22 viously employed in H–2B nonimmigrant status 

23 or workers from underrepresented groups 

24 (based on gender, country of origin, or occupa25 tion); or 


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1 ‘‘(D) have less than 15 percent of their 

2 workforce in the United States comprised of H– 

3 2B workers. 

4 ‘‘(i) ASSESSMENT.—The Secretary of Labor shall as5 sess a fee on each employer to fund the labor certification 

6 process at such amount as may be necessary to support 

7 effective processing by the Department of Labor, and 

8 meaningful investigation and enforcement of worker pro9 tections, and may update the fee as necessary to meet the 

10 requirement. The Secretary of Homeland Security shall 

11 have the authority to assess and periodically update fees 

12 on each employer for the processing and adjudication of 

13 petitions in order to support effective processing and adju14 dication, if and when the Secretary determines that the 

15 fees are insufficient for doing so. 

16 ‘‘(j) LIMITATION ON ASSIGNMENT.—Employers shall 

17 not assign H–2B workers to a worksite other than the 

18 worksite stipulated on an employer’s original job order 

19 without obtaining the workers’ consent and a new labor 

20 certification. 

21 ‘‘(k) EMPLOYMENT AUTHORIZATIONS.—An H–4 

22 nonimmigrant spouse of an H–2B nonimmigrant shall be 

23 eligible to apply for employment authorization with the 

24 Secretary of Homeland Security but shall be prohibited 


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1 from accepting employment with the same employer as the 

2 principal H–2B nonimmigrant. 

3 ‘‘(l) EMPLOYER ACCOUNTABILITY.— 

4 ‘‘(1) USE OF OTHER VISA PROGRAMS.—Within 

5 any 2-year period, an employer of H–2B workers 

6 may not employ directly or through subcontractors, 

7 any workers in the same broad occupational category 

8 or industry through any other nonimmigrant visa 

9 program except those workers who are employed— 

10 authorized through a nonimmigrant visa issued for 

11 humanitarian or family purposes. Any employer 

12 found to have violated this paragraph shall be sub13 ject to a 2-year suspension from employing non14 immigrants or using the recruitment platform. 

15 ‘‘(2) FAIR PAY AND SAFE WORKPLACE.— 

16 ‘‘(A) IN GENERAL.—In the case that a reg17 istered employer is found to have violated the 

18 terms of this section, including the fair pay and 

19 safe workplaces commitment, the established 

20 prevailing wage under subsection (j)(2), or the 

21 provision on working conditions such registered 

22 employer and the principals, subsidiary, owner, 

23 or affiliated company of such registered em24 ployer shall be subject to a 2-year suspension 

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1 cruitment platform for the first violation and 

2 permanent debarment for subsequent violations. 

3 ‘‘(B) RELIANCE.—In making a determina4 tion under subparagraph (A), the Secretary of 

5 Labor or the Secretary of Homeland Security 

6 may rely on findings of a Federal, State, or 

7 local agency or court that an employer has vio8 lated Federal, State, or local employment laws. 

9 ‘‘(3) OTHER VIOLATIONS.— 

10 ‘‘(A) IN GENERAL.—Any employer of an 

11 H–2B worker, or the successor in interest of 

12 that employer, who is determined by the Sec13 retary of Labor or the Secretary of Homeland 

14 Security to have committed a violation of this 

15 section at any time, including a misdemeanor or 

16 felony violation, shall be subject to immediate 

17 suspension. 

18 ‘‘(B) RELIANCE.—In making a determina19 tion under subparagraph (A), the Secretary of 

20 Labor or the Secretary of Homeland Security 

21 may rely on findings of a Federal, State, or 

22 local agency or court that an employer has vio23 lated Federal, State, or local employment laws. 

24 ‘‘(4) JOINT AND SEVERAL LIABILITY.—Employ25 ers shall be jointly and severally liable for the acVerDate Sep 11 2014 21:27 Jan 01, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H8954.IH H8954

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1 tions of any recruiter and foreign labor contractor of 

2 the employer in violation of any H–2B regulation, 

3 requirement, or other labor or employment law. 

4 ‘‘(5) STATUTE OF LIMITATIONS.—The com5 mencement of a civil action shall be barred unless 

6 such action is commenced before the date that is 10 

7 years after the right of action accrues. 

8 ‘‘(m) REDRESS FOR WORKERS.— 

9 ‘‘(1) PRIVATE RIGHT OF ACTION AND FEE

10 SHIFTING.—A temporary nonagricultural worker 

11 may bring a civil action before any district court of 

12 the United States, or other court having jurisdiction 

13 over the parties, against an employer or recruiter 

14 who violates any H–2B regulation, requirement, or 

15 other labor or employment law, or who retaliates 

16 against a worker who exercises the worker’s rights 

17 under this section, without respect to the amount in 

18 controversy and without regard to the citizenship of 

19 the parties and without regard to exhaustion of any 

20 alternative administrative remedies. Any such em21 ployer shall be liable for back pay, unpaid wages, 

22 and other damages, including general, compensatory, 

23 and punitive damages, and reasonable attorneys’ 

24 fees. An employer may not require, as a condition of 

25 employment, mandatory arbitration of private 


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1 claims. A waiver of any right created under this law 

2 shall be void and unenforceable. 

3 ‘‘(2) LEGAL SERVICES.—H–2B workers shall be 

4 eligible to be represented by the Legal Services Cor5 poration and service providers that are recipients of 

6 Legal Services Corporation funds. 

7 ‘‘(3) APPOINTMENT OF ATTORNEY AND COM8 MENCEMENT OF ACTION.—Upon application by a 

9 complainant and in such circumstances as the court 

10 may determine just, the court may appoint an attor11 ney for such complainant and may authorize the 

12 commencement of the action. 

13 ‘‘(n) INJUNCTION AUTHORITY.—The Attorney Gen14 eral may, on his or her own or at the request of the Sec15 retary of Labor or the Secretary of Homeland Security, 

16 bring a civil action before any district court of the United 

17 States to seeking an order of injunction against any em18 ployer or recruiter who violates any H–2B regulation, re19 quirement, or other labor or employment law, or who re20 taliates against a worker who exercises the worker’s rights 

21 under this section. 

22 ‘‘(o) REBUTTABLE PRESUMPTION.—There shall be a 

23 rebuttable presumption that a worker is the subject of re24 taliation if a worker exercises a protected right, assists 

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1 ing conditions and is not hired for another posted job for 

2 which the worker is qualified within 1 year after the end 

3 of the contract in which the worker was engaged when 

4 he or she exercised such right or complained about such 

5 condition. 

6 ‘‘(p) NATIONAL ORIGIN.— 

7 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

8 Security, in consultation with the Secretary of State, 

9 shall— 

10 ‘‘(A) on the date of enactment of this sec11 tion, designate all countries as eligible for H– 

12 2B recruitment; 

13 ‘‘(B) formulate and publish clear criteria 

14 for temporarily designating countries as ineli15 gible after the date of enactment of this section; 

16 and 

17 ‘‘(C) disclose reasons and evidence for tem18 porarily designating a country as ineligible after 

19 the date of enactment of this section. 

20 ‘‘(2) JUDICIAL REVIEW.—The temporary des21 ignation of a country as ineligible for H–2B recruit22 ment shall be subject to judicial review. 

23 ‘‘(q) VISA FOR ACCEPTED POSITION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of State 

2 shall issue a 7-month visa to a worker for each H– 

3 2B position the worker accepts. 

4 ‘‘(2) CONTROL.—An H–2B worker may self-pe5 tition to request a change of status to a new H–2B 

6 employer. An H–2B worker who notifies the Depart7 ment of Labor of intent to change employers shall 

8 receive a 60-day grace period in which to secure a 

9 new position. 

10 ‘‘(3) RECRUITMENT FEES.—Employers shall be 

11 responsible for all fees associated with H–2B labor 

12 certifications, petitions, and visa applications. Em13 ployers may not collect a job placement fee or other 

14 compensation (either direct or indirect) at any time, 

15 including before or after a labor certification or peti16 tion have been approved, as a condition of employ17 ment of a temporary nonagricultural worker. 

18 ‘‘(4) UNEMPLOYMENT PERIOD.—An alien with 

19 H–2B worker status may not be unemployed for 

20 more than a 60-day period, during which time the 

21 worker may apply for open positions on the H–2B 

22 jobs portal, and shall have priority for hiring before 

23 new H–2B applicants. 

24 ‘‘(r) COUNTRY OF ORIGIN VIOLATIONS.—An H–2B 

25 worker who experiences or reports, in the worker’s country 


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1 of origin, retaliation or other violations of this section by 

2 a United States employer, or a recruiter or foreign labor 

3 contractor working on behalf of such employer, shall be 

4 eligible for parole for a period of not less than 2 years 

5 in order to return to the United States to seek legal re6 dress. 

7 ‘‘(s) STATE WORKFORCE AGENCIES.—The Secretary 

8 of Labor shall allocate such funds as may be necessary 

9 to train State Workforce Agencies on the H–2B program 

10 and the recruitment platform so such agencies can assist 

11 with efforts to recruit available United States workers, in12 cluding through engagement with any and all relevant 

13 labor organizations and organizations advocating for 

14 workers in relevant industries. In any State with more 

15 than 200 approved H–2B labor certifications, the State 

16 Workforce Agency shall prepare, in consultation with labor 

17 organizations and organizations advocating for workers in 

18 relevant industries, an annual plan to identify and address 

19 the barriers to employment, such as housing or transpor20 tation, that discourage unemployed or underemployed 

21 U.S. workers from applying for such jobs. 

22 ‘‘(t) DEFINITIONS.—In this section: 

23 ‘‘(1) DISCLOSE.—The term ‘disclose’ means to 

24 make a formal or informal communication or trans25 mission. 


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1 ‘‘(2) EMPLOY.—The term ‘employ’ has the 

2 meaning given such term under section 3(g) of the 

3 Fair Labor Standards Act of 1938 (29 U.S.C. 

4 203(g)). 

5 ‘‘(3) H–2B WORKER.—The term ‘H–2B work6 er’ means a nonimmigrant authorized or previously 

7 authorized to work in the United States pursuant to 

8 section 101(a)(15)(H)(ii)(B). 

9 ‘‘(4) LABOR CONTRACTOR.—The term ‘labor 

10 contractor’ means any person, other than an em11 ployer, who is contracted to perform any recruitment 

12 activity on behalf of an employer, whether domesti13 cally or abroad. 

14 ‘‘(5) LABOR SURPLUS AREA.—The term ‘Labor 

15 Surplus Area’ is any area in which the unemploy16 ment rate is more than 6 percent or is at least 20 

17 percent above the national unemployment rate. 

18 ‘‘(6) PLACE OF EMPLOYMENT.—The term 

19 ‘place of employment’ means the geographic location 

20 in which work occurs, and where the living quarters 

21 are located. 

22 ‘‘(7) RECRUITER.—The term ‘recruiter’ means 

23 any person, other than an employer, who performs 

24 any recruitment activity on behalf of an employer, 

25 whether domestically or abroad. 


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1 ‘‘(8) RECRUITMENT.—The term ‘recruitment’ 

2 means advertising, disseminating information, selec3 tion, placement into employment, housing and trans4 port to and from place of permanent residence for 

5 temporary nonagricultural workers. The term applies 

6 to both jobseekers and those who are or were em7 ployed. 

8 ‘‘(9) TEMPORARY NONAGRICULTURAL WORK9 ER.—The term ‘temporary nonagricultural worker’ 

10 means an individual who is, has been, or is seeking 

11 to be employed in a position posted on the Depart12 ment of Labor’s seasonal job search and recruitment 

13 platform, regardless of immigration status. 

14 ‘‘(10) STATE.—The term ‘State’ means any of 

15 the States of the United States, the District of Co16 lumbia, the United States Virgin Islands, the Com17 monwealth of Puerto Rico, and Guam. 

18 ‘‘(11) WORKER.—The term ‘worker’ means an 

19 individual who is, has been, or is seeking to be em20 ployed or otherwise perform work for pay, regardless 

21 of immigration status. 

22 ‘‘(12) WORKSITE.—The term ‘worksite’ means 

23 the physical location of the job for which the worker 

24 is hired.’’. 


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1 (b) NUMERICAL LIMITATION CONFORMING AMEND2 MENTS.—Section 214(g)(10) of the Immigration and Na3 tionality Act is amended— 

4 (1) by striking ‘‘first 6 months’’ and inserting 

5 ‘‘every 3 months’’; and 

6 (2) by striking ‘‘33,000’’ and inserting 

7 ‘‘16,500’’. 

8 SEC. 3. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT 

9 VIOLATIONS OR CRIME. 

10 (a) PROTECTION FOR VICTIMS OF LABOR AND EM11 PLOYMENT VIOLATIONS.—Section 101(a)(15)(U) of the 

12 Immigration and Nationality Act (8 U.S.C. 

13 1101(a)(15)(U)) is amended— 

14 (1) in clause (i)— 

15 (A) by amending subclause (I) to read as 

16 follows: 

17 ‘‘(I) the alien— 

18 ‘‘(aa) has suffered substan19 tial abuse or harm as a result of 

20 having been a victim of criminal 

21 activity described in clause (iii); 

22 ‘‘(bb) has suffered substan23 tial abuse or harm related to a 

24 violation described in clause (iv); 


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1 ‘‘(cc) is a victim of criminal 

2 activity described in clause (iii) 

3 and would suffer extreme hard4 ship upon removal; or 

5 ‘‘(dd) has suffered a viola6 tion described in clause (iv) and 

7 would suffer extreme hardship 

8 upon removal;’’; 

9 (B) in subclause (II), by inserting ‘‘, or a 

10 labor or employment violation resulting in a 

11 workplace claim described in clause (iv)’’ before 

12 the semicolon at the end; 

13 (C) in subclause (III)— 

14 (i) by striking ‘‘or State judge, to the 

15 Service’’ and inserting ‘‘, State, or local 

16 judge, to the Department of Homeland Se17 curity, to the Equal Employment Oppor18 tunity Commission, to the Department of 

19 Labor, to the National Labor Relations 

20 Board’’; and 

21 (ii) by inserting ‘‘, or investigating, 

22 prosecuting, or seeking civil remedies for a 

23 labor or employment violation related to a 

24 workplace claim described in clause (iv)’’ 

25 before the semicolon at the end; and 


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1 (D) in subclause (IV)— 

2 (i) by inserting ‘‘(aa)’’ after ‘‘(IV)’’; 

3 and 

4 (ii) by adding at the end the fol5 lowing: ‘‘or 

6 ‘‘(bb) a workplace claim described in clause (iv) re7 sulting from a labor or employment violation;’’; 

8 (2) in clause (ii)(II), by striking ‘‘and’’ at the 

9 end; 

10 (3) in clause (iii), by striking ‘‘or’’ at the end 

11 and inserting ‘‘and’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(iv) in the labor or employment vio14 lation related to a workplace claim, the 

15 alien— 

16 ‘‘(I) has filed, is a material wit17 ness in, or is likely to be helpful in the 

18 investigation of, a bona fide workplace 

19 claim or other qualifying crime (as de20 fined in section 

21 274A(e)(10)(C)(iii)(II)); and 

22 ‘‘(II) reasonably fears, has been 

23 threatened with, or has been the vic24 tim of, an action involving force, phys25 ical restraint, retaliation, or abuse of 


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1 the immigration or other legal process 

2 against the alien or another person by 

3 the employer in relation to acts under4 lying the workplace claim or related to 

5 the filing of the workplace claim; or’’. 

6 (b) TEMPORARY PROTECTION FOR INJURED WORK7 ERS AND VICTIMS OF CRIME, LABOR, AND EMPLOYMENT

8 VIOLATIONS.—Notwithstanding any other provision of 

9 law, the Secretary of Homeland Security may permit an 

10 alien to temporarily remain in the United States, and 

11 grant the alien employment authorization, if the Secretary 

12 determines that the alien— 

13 (1) has filed for relief under section 

14 101(a)(15)(U) of the Immigration and Nationality 

15 Act (8 U.S.C. 1101(a)(15)(U)); 

16 (2)(A) has filed, or is a material witness to, a 

17 bona fide workplace claim (as defined in section 

18 274A(e)(10)(B)(iii)(II) of such Act, as added by sec19 tion 3(b) of this Act); and 

20 (B) has been helpful, is being helpful, or is like21 ly to be helpful to— 

22 (i) a Federal, State, or local law enforce23 ment official; 

24 (ii) a Federal, State, or local prosecutor; 

25 (iii) a Federal, State, or local judge; 


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1 (iv) the Department of Homeland Security; 

2 (v) the Equal Employment Opportunity 

3 Commission; 

4 (vi) the Department of Labor, including 

5 the Occupational Safety and Health Adminis6 tration; 

7 (vii) the National Labor Relations Board; 

8 (viii) the head official of a State or local 

9 government department of labor, workforce 

10 commission, or human relations commission or 

11 council; or 

12 (ix) other Federal, State, or local authori13 ties investigating, prosecuting, or seeking civil 

14 remedies related to the workplace claim; or 

15 (3) has filed a workers’ compensation claim or 

16 is undergoing treatment for a workplace injury or 

17 illness. 

18 (c) REQUIREMENTS APPLICABLE TO U VISAS.—Sec19 tion 214(p) of the Immigration and Nationality Act (8 

20 U.S.C. 1184(p)) is amended— 

21 (1) in paragraph (1)— 

22 (A) by inserting ‘‘or investigating, pros23 ecuting, or seeking civil remedies for workplace 

24 claims described in section 101(a)(15)(U)(iv)’’ 


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1 after ‘‘section 101(a)(15)(U)(iii)’’ each place 

2 such term appears; 

3 (B) by striking ‘‘The petition’’ and insert4 ing the following: 

5 ‘‘(A) IN GENERAL.—The petition’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(B) FEES.—An alien petitioning for, or 

8 having status under, section 101(a)(15)(U) 

9 shall not be required to submit any fee (or re10 quest any fee waiver) in connection with such 

11 petition or status, including fees associated with 

12 biometric services, or an application for advance 

13 permission to enter as a nonimmigrant. 

14 ‘‘(C) CONFIDENTIALITY OF INFORMA15 TION.—Neither the Secretary of Homeland Se16 curity, nor the Attorney General, may use the 

17 information furnished pursuant to a petition for 

18 status under section 101(a)(15)(U) for pur19 poses of initiating or carrying out a removal 

20 proceeding.’’; 

21 (2) by striking paragraph (2); and 

22 (3) in paragraph (6)— 

23 (A) by inserting ‘‘or workplace claims de24 scribed in section 101(a)(15)(U)(iv)’’ after ‘‘de25 scribed in section 101(a)(15)(U)(iii)’’; and 


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1 (B) by inserting ‘‘or workplace claim’’ 

2 after ‘‘prosecution of such criminal activity’’. 

3 (d) ADJUSTMENT OF STATUS FOR VICTIMS OF

4 CRIMES.—Section 245(m)(1) of the Immigration and Na5 tionality Act (8 U.S.C. 1255(m)(1)) is amended by insert6 ing ‘‘or an investigation or prosecution regarding a work7 place claim’’ after ‘‘prosecution’’. 

8 (e) CHANGE OF NONIMMIGRANT CLASSIFICATION.— 

9 Section 384(a)(1) of the Illegal Immigration Reform and 

10 Immigrant Responsibility Act of 1996 (8 U.S.C. 

11 1367(a)(1)) is amended— 

12 (1) in subparagraph (E), by striking ‘‘physical 

13 or mental abuse and the criminal activity’’ and in14 serting ‘‘abuse and the criminal activity or work15 place claim’’; 

16 (2) in subparagraph (F), by adding ‘‘or’’ at the 

17 end; and 

18 (3) by inserting after subparagraph (F) the fol19 lowing: 

20 ‘‘(G) the alien’s employer,’’. 

21 SEC. 4. WHISTLEBLOWER PROTECTIONS. 

22 (a) IN GENERAL.—Section 214(c) of the Immigration 

23 and Nationality Act (8 U.S.C. 1184(c)) is amended by 

24 adding at the end the following: 

25 ‘‘(15) WHISTLEBLOWER PROTECTIONS.— 


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1 ‘‘(A) PROHIBITIONS.—A person may not 

2 discharge, demote, suspend, threaten, harass, 

3 decline to hire, or in any other manner discrimi4 nate against a worker in the terms and condi5 tions of employment because such worker— 

6 ‘‘(i) has filed or has information about 

7 a potential complaint, instituted or caused 

8 to be instituted any proceeding, testified, 

9 assisted, or will testify, or cooperated or 

10 seeks to cooperate, in an investigation or 

11 other proceeding concerning compliance 

12 with the requirements under this title or 

13 any rule or regulation pertaining to this 

14 title or any workplace claim; 

15 ‘‘(ii) has disclosed information to any 

16 other person or entity, that the worker rea17 sonably believes evidences a violation of 

18 this title or any rule or regulation per19 taining to this title, or grounds for any 

20 workplace claim; 

21 ‘‘(iii) has assisted or participated, or 

22 has information that may assist, in any 

23 manner in a proceeding or in any other ac24 tion to carry out the purposes of this title 

25 or any workplace claim; 


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1 ‘‘(iv) has furnished information to the 

2 Department of Labor, the Department of 

3 Homeland Security, the Department of 

4 Justice, the Equal Employment Oppor5 tunity Commission, the National Labor 

6 Relations Board, or any Federal, State, or 

7 local regulatory or law enforcement agency 

8 relating to a violation of this title or any 

9 workplace claim, or has such information 

10 to furnish to the relevant agency; or 

11 ‘‘(v) has objected to, or refused to 

12 participate in, any activity, policy, practice, 

13 or assigned task that the worker (or other 

14 such individual) reasonably believed to be 

15 in violation of any provision of this Act or 

16 any other Act, or any order, rule, regula17 tion, standard, or ban under any Act. 

18 ‘‘(B) ENFORCEMENT.— 

19 ‘‘(i) IN GENERAL.—A worker who be20 lieves that he or she has suffered a viola21 tion of subparagraph (A) may seek relief 

22 in accordance with the procedures, notifi23 cations, burdens of proof, remedies, and 

24 statutes of limitation set forth in section 

25 1514A of title 18, United States Code. 


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1 ‘‘(ii) APPEALS.— 

2 ‘‘(I) JURISDICTION.—Any person 

3 adversely affected or aggrieved by an 

4 order issued under clause (i) may ob5 tain review of the order in the United 

6 States Court of Appeals for— 

7 ‘‘(aa) the circuit in which 

8 the violation, with respect to 

9 which the order was issued, alleg10 edly occurred; or 

11 ‘‘(bb) the circuit in which 

12 the complainant resided on the 

13 date of such violation. 

14 ‘‘(II) REVIEW OF PETITION.—A 

15 petition for review under this subpara16 graph shall be filed not later than 60 

17 days after the date on which the final 

18 order was issued by the Secretary of 

19 Labor. 

20 ‘‘(III) APPLICABLE LAW.—A re21 view under this subparagraph shall 

22 conform to the provisions set forth in 

23 chapter 7 of title 5, United States 

24 Code. 


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1 ‘‘(IV) STAY OF ORDER.—Unless 

2 ordered by the court, the commence3 ment of proceedings under this sub4 paragraph shall not operate as a stay 

5 of the order by the Secretary of 

6 Labor. 

7 ‘‘(C) EDUCATION.—Each person, entity, 

8 and institution covered by this Act shall— 

9 ‘‘(i) prominently communicate to all 

10 sectors and ranks of its labor force the 

11 rights and responsibilities under this Act; 

12 and 

13 ‘‘(ii) provide associated education and 

14 training to all sectors and ranks of its 

15 labor force through notifications, postings, 

16 mailings, and training classes, supple17 mented with publicly accessible online ma18 terials on the requirements of, and devel19 opments that would affect the implementa20 tion of this Act. 

21 ‘‘(D) NO LIMITATION ON RIGHTS.—Noth22 ing in this paragraph may be construed to di23 minish the rights, privileges, or remedies of any 

24 worker under any Federal or State law, equity, 

25 or under any collective bargaining agreement. 


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1 The rights and remedies set forth in this para2 graph may not be waived by any agreement, 

3 policy, form, or condition of employment. 

4 ‘‘(E) DEFINITIONS.—In this paragraph: 

5 ‘‘(i) DISCLOSE.—The term ‘disclose’ 

6 means to make a formal or informal com7 munication or transmission. 

8 ‘‘(ii) H–2B WORKER.—The term ‘H– 

9 2B worker’ means a nonimmigrant author10 ized or previously authorized to work in 

11 the United States pursuant to section 

12 101(a)(15)(H)(ii)(B). 

13 ‘‘(iii) MATERIAL WITNESS.—The term 

14 ‘material witness’ means an individual who 

15 presents a declaration from an attorney in16 vestigating, prosecuting, or defending the 

17 workplace claim or from the presiding offi18 cer overseeing the workplace claim attest19 ing that, to the best of the declarant’s 

20 knowledge and belief, reasonable cause ex21 ists to believe that the testimony of the in22 dividual will be relevant to the outcome of 

23 the workplace claim. 

24 ‘‘(iv) PERSON.—The term ‘person’ 

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1 tion, joint stock company, trust, coopera2 tive, or corporation. 

3 ‘‘(v) STATE.—The term ‘State’ means 

4 any of the States of the United States, the 

5 District of Columbia, the United States 

6 Virgin Islands, the Commonwealth of 

7 Puerto Rico, and Guam. 

8 ‘‘(vi) WORKER.—The term ‘worker’ 

9 means an individual who is, has been, or is 

10 seeking to be employed or otherwise per11 form work for pay, regardless of immigra12 tion status. 

13 ‘‘(vii) WORKPLACE CLAIM.—The term 

14 ‘workplace claim’ means any written or 

15 oral claim, charge, complaint, or grievance 

16 filed with, communicated to, or submitted 

17 to the employer, a Federal, State, or local 

18 agency or court, or an employee represent19 ative related to workplace injury or illness 

20 or to the violation of applicable Federal, 

21 State, and local labor laws or labor agree22 ments, including laws concerning wages 

23 and hours, labor relations, family and med24 ical leave, occupational health and safety, 


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1 civil rights, nondiscrimination, or other 

2 terms and conditions of employment.’’. 

3 (b) RULEMAKING.—Not later than 180 days after the 

4 date of the enactment of this Act, the Secretary of Labor 

5 shall make rules to carry out the amendments made under 

6 subsection (a). 

7 SEC. 5. INVESTIGATION AUTHORITY OF THE SECRETARY 

8 OF LABOR. 

9 Section 503.7 of title 29, Code of Federal Regula10 tions (as in effect on the date of enactment of this Act), 

11 shall have the full force and effect of law, except that any 

12 authority delegated to the Administrator of the Wage and 

13 Hour Division of the Department of Labor shall be 

14 deemed to be delegated to the Secretary of Labor. 

15 SEC. 6. LABOR ENFORCEMENT ACTIONS. 

16 (a) REMOVAL PROCEEDINGS.—Section 239(e) of the 

17 Immigration and Nationality Act (8 U.S.C. 1229(e)) is 

18 amended— 

19 (1) in paragraph (1)— 

20 (A) by striking ‘‘In cases where’’ and in21 serting ‘‘If’’; and 

22 (B) by inserting ‘‘or as a result of informa23 tion provided to the Department of Homeland 

24 Security in retaliation against individuals for 

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1 ployment rights or other legal rights’’ after 

2 ‘‘paragraph (2)’’; and 

3 (2) in paragraph (2), by adding at the end the 

4 following: 

5 ‘‘(C) At a facility about which a workplace 

6 claim has been filed or is contemporaneously 

7 filed.’’. 

8 (b) UNLAWFUL EMPLOYMENT OF ALIENS.—Section 

9 274A(e) of the Immigration and Nationality Act (8 U.S.C. 

10 1324a(e)) is amended by adding at the end the following: 

11 ‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 

12 ‘‘(A) ENFORCEMENT ACTION.—If the Sec13 retary of Homeland Security undertakes an en14 forcement action at a facility about which a 

15 workplace claim has been filed or is contem16 poraneously filed, or as a result of information 

17 provided to the Department of Homeland Secu18 rity in retaliation against workers for exercising 

19 their rights related to a workplace claim, the 

20 Secretary shall ensure that— 

21 ‘‘(i) any aliens arrested or detained 

22 who are necessary for the investigation or 

23 prosecution of workplace claim violations 

24 or criminal activity (as described in sub25 paragraph (T) or (U) of section 


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1 101(a)(15)) are not removed from the 

2 United States until after the Secretary— 

3 ‘‘(I) notifies the appropriate law 

4 enforcement agency with jurisdiction 

5 over such violations or criminal activ6 ity; and 

7 ‘‘(II) provides such agency with 

8 the opportunity to interview such 

9 aliens; and 

10 ‘‘(ii) no aliens entitled to a stay of re11 moval or abeyance of removal proceedings 

12 under this section are removed. 

13 ‘‘(B) PROTECTIONS FOR VICTIMS OF

14 CRIME, LABOR, AND EMPLOYMENT VIOLA15 TIONS.— 

16 ‘‘(i) STAY OF REMOVAL OR ABEYANCE

17 OF REMOVAL PROCEEDINGS.—An alien 

18 against whom removal proceedings have 

19 been initiated under chapter 4 of title II, 

20 who has filed a workplace claim, who is a 

21 material witness in any pending or antici22 pated proceeding involving a bona fide 

23 workplace claim, or who has filed for relief 

24 under section 101(a)(15)(U), shall be enti25 tled to a stay of removal or an abeyance of 


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1 removal proceedings and to employment 

2 authorization until the resolution of the 

3 workplace claim or the denial of relief 

4 under section 101(a)(15)(U) after exhaus5 tion of administrative appeals, whichever is 

6 later, unless the Secretary of Homeland 

7 Security establishes, by a preponderance of 

8 the evidence in proceedings before the im9 migration judge presiding over that alien’s 

10 removal hearing, that the workplace claim 

11 was filed in bad faith with the intent to 

12 delay or avoid the alien’s removal. 

13 ‘‘(ii) DURATION.—Any stay of re14 moval or abeyance of removal proceedings 

15 and employment authorization issued pur16 suant to clause (i) shall remain valid until 

17 the resolution of the workplace claim or 

18 the denial of relief under section 

19 101(a)(15)(U) after the exhaustion of ad20 ministrative appeals, and shall be extended 

21 by the Secretary of Homeland Security for 

22 a period of not longer than 10 additional 

23 years upon determining that— 


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1 ‘‘(I) such relief would enable the 

2 alien asserting a workplace claim to 

3 pursue the claim to resolution; 

4 ‘‘(II) the deterrent goals of any 

5 statute underlying a workplace claim 

6 would be served; or 

7 ‘‘(III) such extension would oth8 erwise further the interests of justice. 

9 ‘‘(iii) DEFINITIONS.—In this para10 graph: 

11 ‘‘(I) MATERIAL WITNESS.—Not12 withstanding any other provision of 

13 law, the term ‘material witness’ means 

14 an individual who presents a declara15 tion from an attorney investigating, 

16 prosecuting, or defending the work17 place claim or from the presiding offi18 cer overseeing the workplace claim at19 testing that, to the best of the declar20 ant’s knowledge and belief, reasonable 

21 cause exists to believe that the testi22 mony of the individual will be relevant 

23 to the outcome of the workplace claim. 

24 ‘‘(II) WORKPLACE CLAIM.—The 

25 term ‘workplace claim’ means any 


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1 written or oral claim, charge, com2 plaint, or grievance filed with, commu3 nicated to, or submitted to the em4 ployer, a Federal, State, or local agen5 cy or court, or a worker representative 

6 related workplace injury or illness or 

7 to the violation of applicable Federal, 

8 State, and local labor laws or labor 

9 agreements, including laws concerning 

10 wages and hours, labor relations, fam11 ily and medical leave, occupational 

12 health and safety, civil rights, or non13 discrimination.’’. 

14 SEC. 7. H–2B WORKER GRANTS. 

15 (a) TECHNICAL TRAINING GRANTS.— 

16 (1) IN GENERAL.—Not later than 3 months 

17 after the date of enactment of this Act, and annually 

18 thereafter, the Secretary of Homeland Security shall 

19 award funds to qualified nonprofit, nongovernmental 

20 organizations and labor organizations to assist H– 

21 2B workers with applications for adjustment of sta22 tus. 

23 (2) APPLICATION.—To be eligible to receive a 

24 grant under this subsection, a labor organization or 

25 qualified nonprofit, nongovernmental organization 


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1 shall submit to the Secretary of Homeland Security 

2 an application at such time, in such manner, and 

3 containing such information as the Secretary may 

4 require. 

5 (3) USE OF FUNDS.—Funds received pursuant 

6 to this subsection shall only be used to assist H–2B 

7 workers with applications for adjustment of status. 

8 (b) KNOW YOUR RIGHTS GRANTS.— 

9 (1) IN GENERAL.—Not later than a year after 

10 the date of enactment of this Act, and each year 

11 thereafter, the Secretary of Labor shall award 3- 

12 year grants to qualified nonprofit, nongovernmental 

13 organizations and labor organizations to— 

14 (A) train H–2B workers on their rights be15 fore such workers begin employment; and 

16 (B) conduct surveys after such employ17 ment ends to document treatment and condi18 tions of such workers. 

19 (2) APPLICATION.—To be eligible to receive a 

20 grant under this subsection, a labor organization or 

21 qualified nonprofit, nongovernmental organization 

22 shall submit to the Secretary of Labor an applica23 tion at such time, in such manner, and containing 

24 such information as the Secretary may require. 


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1 (3) USE OF FUNDS.—Funds received pursuant 

2 to this subsection shall only be used to provide infor3 mation to H–2B workers with respect to the rights 

4 of such workers. 

5 SEC. 8. ADJUSTMENT OF STATUS FOR LONG-TERM H–2B 

6 WORKERS. 

7 (a) REQUIREMENTS FOR ADJUSTMENT OF STA8 TUS.—The Secretary of Homeland Security shall adjust 

9 the status of an alien from that of an alien admitted pur10 suant to section 101(a)(15)(H)(ii)(B) to that of a lawful 

11 permanent resident if the alien submits a completed appli12 cation, including such processing fees as the Secretary of 

13 Homeland Security may require, and the Secretary of 

14 Homeland Security determines that— 

15 (1) the applicant has completed not less than 

16 18 months of employment as an H–2B worker with17 in a 10-year period; 

18 (2) the applicant has not become ineligible for 

19 H–2B worker status under section 218A of the Im20 migration and Nationality Act, as added by this Act; 

21 and 

22 (3) the applicant meets the requirements set 

23 forth by the Secretary of Labor and the Secretary 

24 of Homeland Security, except that the applicant may 

25 not be required to acquire a permanent labor certifiVerDate Sep 11 2014 21:27 Jan 01, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H8954.IH H8954

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1 cation from the Secretary of Labor under section 

2 212(a)(5)(A) of the Immigration and Nationality 

3 Act (8 U.S.C. 1182(a)(5)(A)). 

4 (b) DEPENDENT ALIENS.—The spouse and each 

5 child of an alien described in paragraph (1) whose status 

6 has been adjusted to that of a lawful permanent resident 

7 may be granted lawful permanent residence and shall be 

8 exempt from the numerical limitations. 

9 (c) NUMERICAL LIMITATION.—Not later than 6 

10 months after the date of enactment of this Act, the world11 wide level of immigrants admitted under this section shall 

12 not exceed 40,040 for each fiscal year, and may not equal 

13 less than one-third of the H–2B visas issued each fiscal 

14 year, unless an insufficient number of applications for ad15 justment to lawful permanent status have been filed under 

16 this section. 

17 (d) EFFECT OF PENDING APPLICATION.—During the 

18 period beginning on the date on which an alien applies 

19 for adjustment of status under this subtitle, and ending 

20 on the date on which the Secretary of Homeland Security 

21 makes a final administrative decision regarding such ap22 plication, the alien and any dependents included on the 

23 application— 

24 (1) may apply for advance parole, which shall 

25 be granted upon demonstrating a legitimate need to 


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1 travel outside the United States for a temporary 

2 purpose; 

3 (2) may not be detained by the Secretary of 

4 Homeland Security or removed from the United 

5 States unless the USCIS makes a prima facie deter6 mination that such alien is, or has become, ineligible 

7 for adjustment of status under subsection (a); 

8 (3) may not be considered unlawfully present 

9 under section 212(a)(9)(B) of the Immigration and 

10 Nationality Act (8 U.S.C. 1182(a)(9)(B)); and 

11 (4) may not be considered an unauthorized 

12 alien (as defined in section 274A(h)(3) of the Immi13 gration and Nationality Act (8 U.S.C. 

14 1324a(h)(3))). 

15 (e) RETROACTIVE ELIGIBILITY AND NUMERICAL EX16 EMPTION.—Any nonimmigrant who has accrued 36 

17 months of H–2B employment over the 10 years prior to 

18 the date of enactment of this Act shall be eligible to sub19 mit within 2 years after such date an application for ad20 justment of status to that of a lawful permanent resident, 

21 and such adjustment shall be exempt from all employment 

22 based numerical and per-country limits. 

23 (f) CONFORMING AMENDMENTS.— 

24 (1) IN GENERAL.—Section 101(a)(15)(H)(ii)(b) 

25 of the Immigration and Nationality Act (8 U.S.C. 


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1 1101(a)(15)(H)(ii)(b)) is amended by striking 

2 ‘‘which he has no intention of abandoning’’. 

3 (2) NO EVIDENCE.—Section 214(h) of the Im4 migration and Nationality Act (22 U.S.C. 1254(h)) 

5 is amended by inserting ‘‘or (H)(ii)(b)’’ after 

6 ‘‘(H)(i)(b)’’. 

Æ 


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