SEC. 203. REIMBURSEMENT OF STATES FOR PRE-CONVIC-
TION COSTS RELATING TO THE INCARCER-
ATION OF ILLEGAL ALIENS. 
Section 241(i)(3)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1231(i)(3)(a) is amended by inserting 
‘‘charged with or’’ before ‘‘convicted.’’ 
TITLE III—ESSENTIAL WORKER 
VISA PROGRAM 
SEC. 301. ESSENTIAL WORKERS. 
Section 101(a)(15)(H) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(H)) is amended— 
(1) by striking ‘‘(H) an alien (i)(b)’’ and insert-
ing the following: 
‘‘(H) an alien— 
‘‘(i)(b)’’; 
(2) by striking ‘‘or (ii)(a)’’ and inserting the 
following: 
‘‘(ii)(a)’’; 
(3) by striking ‘‘or (iii)’’ and inserting the fol-
lowing: 
‘‘(iii)’’; and 
(4) by adding at the end the following: 
‘‘(v)(a) subject to section 218A, hav-
ing residence in a foreign country, which 
the alien has no intention of abandoning, 
who is coming temporarily to the United
States to initially perform labor or services 
(other than those occupation classifications 
covered under the provisions of clause 
(i)(b) or (ii)(a) or subparagraph (L), (O), 
(P), or (R)); or.’’. 
SEC. 302. ADMISSION OF ESSENTIAL WORKERS. 
(a) IN GENERAL.—Chapter 2 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1181 et seq.) is 
amended by inserting after section 218 the following: 
‘‘ADMISSION OF TEMPORARY H–5A WORKERS 
‘‘SEC. 218A. (a) The Secretary of State may grant 
a temporary visa to a nonimmigrant described in section 
101(a)(15)(H)(v)(a) who demonstrates an intent to per-
form labor or services in the United States (other than 
those occupational classifications covered under the provi-
sions of clause (i)(b) or (ii)(a) of section 101(a)(15)(H) 
or subparagraph (L), (O), (P), or (R)) of section 
101(a)(15). 
‘‘(b) REQUIREMENTS FOR ADMISSION.—In order to 
be eligible for nonimmigrant status under section 
101(a)(15)(H)(v)(a), an alien shall meet the following re-
quirements: 
‘‘(1) ELIGIBILITY TO WORK.—The alien shall 
establish that the alien is capable of performing the 
labor or services required for an occupation under 
section 101(a)(15)(H)(v).
‘‘(2) EVIDENCE OF EMPLOYMENT.—The alien’s 
evidence of employment shall be provided through 
the Employment Eligibility Confirmation System es-
tablished under section 274E or in accordance with 
requirements issued by the Secretary of State, in 
consultation with the Secretary of Homeland Secu-
rity. In carrying out this paragraph, the Secretary 
may consider evidence from employers, employer as-
sociations, and labor representatives. 
‘‘(3) FEE.—The alien shall pay a $500 applica-
tion fee to apply for the visa in addition to the cost 
of processing and adjudicating such application. 
Nothing in this paragraph shall be construed to af-
fect consular procedures for charging reciprocal fees. 
‘‘(4) MEDICAL EXAMINATION.—The alien shall 
undergo a medical examination (including a deter-
mination of immunization status) at the alien’s ex-
pense, that conforms to generally accepted standards 
of medical practice. 
‘‘(c) GROUNDS OF INADMISSIBILITY.— 
‘‘(1) IN GENERAL.—In determining an alien’s 
admissibility as a nonimmigrant under section 
101(a)(15)(H)(v)(a)— 
‘‘(A) paragraphs (5), (6) (except for sub-
paragraph (E)), (7), (9), and (10)(B) of section
212(a) may be waived for conduct that occurred 
before the date on which the Secure America 
and Orderly Immigration Act was introduced; 
‘‘(B) the Secretary of Homeland Security 
may not waive— 
‘‘(i) subparagraph (A), (B), (C), (E), 
(G), (H), or (I) of section 212(a)(2) (relat-
ing to criminals); 
‘‘(ii) section 212(a)(3) (relating to se-
curity and related grounds); or 
‘‘(iii) subparagraph (A) or (C) of sec-
tion 212(a)(10) (relating to polygamists 
and child abductors); 
‘‘(C) for conduct that occurred before the 
date on which the Secure America and Orderly 
Immigration Act was introduced, the Secretary 
of Homeland Security may waive the applica-
tion of any provision of section 212(a) not list-
ed in subparagraph (B) on behalf of an indi-
vidual alien for humanitarian purposes, to en-
sure family unity, or when such waiver is other-
wise in the public interest; and 
‘‘(D) nothing in this paragraph shall be 
construed as affecting the authority of the Sec-
retary of Homeland Security to waive the provi-
sions of section 212(a). 
‘‘(2) WAIVER FINE.—An alien who is granted a 
waiver under subparagraph (1) shall pay a $1,500 
fine upon approval of the alien’s visa application. 
‘‘(3) APPLICABILITY OF OTHER PROVISIONS.— 
Sections 240B(d) and 241(a)(5) shall not apply to 
an alien who initially seeks admission as a non-
immigrant under section 101(a)(15)(H)(v)(a). 
‘‘(4) RENEWAL
OF
AUTHORIZED
ADMISSION 
AND SUBSEQUENT ADMISSIONS.—An alien seeking 
renewal of authorized admission or subsequent ad-
mission 
as 
a 
nonimmigrant 
under 
section 
101(a)(15)(H)(v)(a) shall establish that the alien is 
not inadmissible under section 212(a). 
‘‘(d) PERIOD OF AUTHORIZED ADMISSION.— 
‘‘(1) INITIAL PERIOD.—The initial period of au-
thorized admission as a nonimmigrant described in 
section 101(a)(15)(H)(v)(a) shall be 3 years. 
‘‘(2) RENEWALS.—The alien may seek an ex-
tension of the period described in paragraph (1) for 
1 additional 3-year period. 
‘‘(3) LOSS OF EMPLOYMENT.— 
‘‘(A) IN GENERAL.—Subject to subsection 
(c), the period of authorized admission of a
nonimmigrant 
alien 
under 
section 
101(a)(15)(H)(v)(a) shall terminate if the non-
immigrant is unemployed for 45 or more con-
secutive days. 
‘‘(B) RETURN TO FOREIGN RESIDENCE.— 
Any alien whose period of authorized admission 
terminates under subparagraph (A) shall be re-
quired to return to the country of the alien’s 
nationality or last residence. 
‘‘(C) PERIOD
OF
VISA
VALIDITY.—Any 
alien, whose period of authorized admission ter-
minates under subparagraph (A), who returns 
to the country of the alien’s nationality or last 
residence under subparagraph (B), may reenter 
the United States on the basis of the same visa 
to work for an employer, if the alien has com-
plied with the requirements of subsection 
(b)(1). 
‘‘(4) VISITS OUTSIDE UNITED STATES.— 
‘‘(A) IN GENERAL.—Under regulations es-
tablished by the Secretary of Homeland Secu-
rity, a nonimmigrant alien under section 
101(a)(15)(H)(v)(a)— 
‘‘(i) may travel outside of the United 
States; and
‘‘(ii) may be readmitted without hav-
ing to obtain a new visa if the period of 
authorized admission has not expired. 
‘‘(B) EFFECT ON PERIOD OF AUTHORIZED 
ADMISSION.—Time spent outside the United 
States under subparagraph (A) shall not extend 
the period of authorized admission in the 
United States. 
‘‘(e) PORTABILITY.—A nonimmigrant alien described 
in this section, who was previously issued a visa or other-
wise 
provided 
nonimmigrant 
status 
under 
section 
101(a)(15)(H)(v)(a), may accept new employment with a 
subsequent employer. 
‘‘(f) WAIVER
OF RIGHTS PROHIBITED.—A non-
immigrant alien described in section 101(a)(15)(H)(v)(a) 
may not be required to waive any rights or protections 
under the Secure America and Orderly Immigration Act. 
‘‘(g) CHANGE OF ADDRESS.—An alien having non-
immigrant status described in section 101(a)(15)(H)(v)(a) 
shall comply by either electronic or paper notification with 
the change of address reporting requirements under sec-
tion 265. 
‘‘(h) BAR TO FUTURE VISAS FOR VIOLATIONS.— 
‘‘(1) IN GENERAL.—Any alien having the non-
immigrant 
status 
described 
in 
section
101(a)(15)(H)(v)(a) shall not be eligible to renew 
such nonimmigrant status if the alien willfully vio-
lates any material term or condition of such status. 
‘‘(2) WAIVER.—The alien may apply for a waiv-
er of the application of subparagraph (A) for tech-
nical violations, inadvertent errors, or violations for 
which the alien was not at fault. 
‘‘(i) COLLECTION OF FEES.—All fees collected under 
this section shall be deposited in the Treasury in accord-
ance with section 286(w).’’. 
(b) CONFORMING AMENDMENT REGARDING PRE-
SUMPTION OF NONIMMIGRANT STATUS.—Section 214(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1184(b)) is amended by inserting ‘‘(H)(v)(a),’’ after 
‘‘(H)(i),’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item relating 
to section 218 the following: 
‘‘Sec. 218A. Admission of temporary H–5A workers.’’. 
SEC. 303. EMPLOYER OBLIGATIONS. 
Employers employing a nonimmigrant described in 
section 101(a)(15)(H)(v)(a) of the Immigration and Na-
tionality Act, as added by section 301, shall comply with 
all applicable Federal, State, and local laws, including—
(1) laws affecting migrant and seasonal agricul-
tural workers; and 
(2) the requirements under section 274E of 
such Act, as added by section 402. 
SEC. 304. PROTECTION FOR WORKERS. 
Section 218A of the Immigration and Nationality 
Act, as added by section 302, is amended by adding at 
the end the following: 
‘‘(h) APPLICATION OF LABOR AND OTHER LAWS.— 
‘‘(1) DEFINITIONS.—As used in this subsection 
and in subsections (i) through (k): 
‘‘(A) EMPLOY; EMPLOYEE; EMPLOYER.— 
The terms ‘employ’, ‘employee’, and ‘employer’ 
have the meanings given such terms in section 
3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203). 
‘‘(B) FOREIGN LABOR CONTRACTOR.—The 
term ‘foreign labor contractor’ means any per-
son who for any compensation or other valuable 
consideration paid or promised to be paid, per-
forms any foreign labor contracting activity. 
‘‘(C) FOREIGN
LABOR
CONTRACTING
AC-
TIVITY.—The term ‘foreign labor contracting 
activity’ means recruiting, soliciting, hiring, em-
ploying, or furnishing, an individual who resides
outside of the United States for employment in 
the United States as a nonimmigrant alien de-
scribed in section 101(a)(15)(H)(v)(a). 
‘‘(2) COVERAGE.—Notwithstanding any other 
provision of law— 
‘‘(A) a nonimmigrant alien described in 
section 101(a)(15)(H)(v)(a) is prohibited from 
being treated as an independent contractor; and 
‘‘(B) no person may treat a nonimmigrant 
alien described in section 101(a)(15)(H)(v)(a) 
as an independent contractor. 
‘‘(3) 
APPLICABILITY
OF
LAWS.—A 
non-
immigrant 
alien 
described 
in 
section 
101(a)(15)(H)(v)(a) shall not be denied any right or 
any remedy under Federal, State, or local labor or 
employment law that would be applicable to a 
United States worker employed in a similar position 
with the employer because of the alien’s status as a 
nonimmigrant worker. 
‘‘(4) TAX RESPONSIBILITIES.—With respect to 
each employed nonimmigrant alien described in sec-
tion 101(a)(15)(H)(v)(a), an employer shall comply 
with all applicable Federal, State, and local tax and 
revenue laws.
‘‘(5) NONDISCRIMINATION IN EMPLOYMENT.— 
An employer shall provide nonimmigrants issued a 
visa under this section with the same wages, bene-
fits, and working conditions that are provided by the 
employer to United States workers similarly em-
ployed in the same occupation and the same place of 
employment. 
‘‘(6) NO REPLACEMENT OF STRIKING EMPLOY-
EES.—An employer may not hire a nonimmigrant 
alien described in section 101(a)(15)(H)(v)(a) as a 
replacement worker if there is a strike or lockout in 
the course of a labor dispute in the occupational 
classification at the place of employment. 
‘‘(7) WAIVER OF RIGHTS PROHIBITED.—A non-
immigrant 
alien 
described 
in 
section 
101(a)(15)(H)(v)(a) may not be required to waive 
any rights or protections under the Secure America 
and Orderly Immigration Act. Nothing under this 
provision shall be construed to affect the interpreta-
tion of other laws. 
‘‘(8) NO
THREATENING
OF
EMPLOYEES.—It 
shall be a violation of this section for an employer 
who has filed a petition under section 203(b) to 
threaten the alien beneficiary of such a petition with 
withdrawal of the application, or to withdraw such
a petition in retaliation for the beneficiary’s exercise 
of a right protected by the Secure America and Or-
derly Immigration Act. 
‘‘(9) WHISTLEBLOWER PROTECTION.—It shall 
be unlawful for an employer or a labor contractor of 
a 
nonimmigrant 
alien 
described 
in 
section 
101(a)(15)(H)(v)(a) to intimidate, threaten, re-
strain, coerce, retaliate, discharge, or in any other 
manner, discriminate against an employee or former 
employee because the employee or former em-
ployee— 
‘‘(A) discloses information to the employer 
or any other person that the employee or 
former employee reasonably believes dem-
onstrates a violation of Secure America and Or-
derly Immigration Act. 
‘‘(B) cooperates or seeks to cooperate in an 
investigation or other proceeding concerning 
compliance with the requirements of the Secure 
America and Orderly Immigration Act. 
‘‘(i) LABOR RECRUITERS.— 
‘‘(1) IN
GENERAL.—Each employer that en-
gages in foreign labor contracting activity and each 
foreign labor contractor shall ascertain and disclose 
to each such worker who is recruited for employment
the following information at the time of the worker’s 
recruitment: 
‘‘(A) The place of employment. 
‘‘(B) The compensation for the employ-
ment. 
‘‘(C) A description of employment activi-
ties. 
‘‘(D) The period of employment. 
‘‘(E) Any other employee benefit to be pro-
vided and any costs to be charged for each ben-
efit. 
‘‘(F) Any travel or transportation expenses 
to be assessed. 
‘‘(G) The existence of any labor organizing 
effort, strike, lockout, or other labor dispute at 
the place of employment. 
‘‘(H) The existence of any arrangement 
with any owner, employer, foreign contractor, 
or its agent where such person receives a com-
mission from the provision of items or services 
to workers. 
‘‘(I) The extent to which workers will be 
compensated through workers’ compensation, 
private insurance, or otherwise for injuries or 
death, including work related injuries and
death, during the period of employment and, if 
so, the name of the State workers’ compensa-
tion insurance carrier or the name of the policy-
holder of the private insurance, the name and 
the telephone number of each person who must 
be notified of an injury or death, and the time 
period within which such notice must be given. 
‘‘(J) Any education or training to be pro-
vided or required, including the nature and cost 
of such training, who will pay such costs, and 
whether the training is a condition of employ-
ment, continued employment, or future employ-
ment. 
‘‘(K) A statement, in a form specified by 
the Secretary of Labor, describing the protec-
tions of this Act for workers recruited abroad. 
‘‘(2) FALSE OR MISLEADING INFORMATION.— 
No foreign labor contractor or employer who en-
gages in foreign labor contracting activity shall 
knowingly provide material false or misleading infor-
mation to any worker concerning any matter re-
quired to be disclosed in paragraph (1). 
‘‘(3) LANGUAGES.—The information required to 
be disclosed under paragraph (1) shall be provided 
in writing in English or, as necessary and reason-
able, in the language of the worker being recruited. 
The Department of Labor shall make forms avail-
able in English, Spanish, and other languages, as 
necessary, which may be used in providing workers 
with information required under this section. 
‘‘(4) FEES.—A person conducting a foreign 
labor contracting activity shall not assess any fee to 
a worker for such foreign labor contracting activity. 
‘‘(5) TERMS.—No employer or foreign labor 
contractor shall, without justification, violate the 
terms of any agreement made by that contractor or 
employer regarding employment under this program. 
‘‘(6) TRAVEL COSTS.—If the foreign labor con-
tractor or employer charges the employee for trans-
portation such transportation costs shall be reason-
able. 
‘‘(7) OTHER WORKER PROTECTIONS.— 
‘‘(A) NOTIFICATION.—Every 2 years, each 
employer shall notify the Secretary of Labor of 
the identity of any foreign labor contractor en-
gaged by the employer in any foreign labor con-
tractor activity for or on behalf of the employer. 
‘‘(B) REGISTRATION OF FOREIGN LABOR 
CONTRACTORS.—
‘‘(i) IN
GENERAL.—No person shall 
engage in foreign labor recruiting activity 
unless such person has a certificate of reg-
istration from the Secretary of Labor 
specifying the activities that such person is 
authorized to perform. An employer who 
retains the services of a foreign labor con-
tractor shall only use those foreign labor 
contractors who are registered under this 
subparagraph. 
‘‘(ii) ISSUANCE.—The Secretary shall 
promulgate regulations to establish an effi-
cient electronic process for the investiga-
tion and approval of an application for a 
certificate of registration of foreign labor 
contractors not later than 14 days after 
such application is filed. Such process shall 
include requirements under paragraphs 
(1), (4), and (5) of section 1812 of title 
29, United States Code, an expeditious 
means to update registrations and renew 
certificates and any other requirements the 
Secretary may prescribe.
‘‘(iii) TERM.—Unless suspended or re-
voked, a certificate under this subpara-
graph shall be valid for 2 years. 
‘‘(iv) REFUSAL
TO
ISSUE; REVOCA-
TION; SUSPENSION.—In accordance with 
regulations promulgated by the Secretary 
of Labor, the Secretary may refuse to issue 
or renew, or may suspend or revoke, a cer-
tificate of registration under this subpara-
graph. The justification for such refusal, 
suspension, or revocation may include the 
following: 
‘‘(I) The application or holder of 
the certification has knowingly made a 
material misrepresentation in the ap-
plication for such certificate. 
‘‘(II) The applicant for or holder 
of the certification is not the real 
party in interest in the application or 
certificate of registration and the real 
party in interest is a person who has 
been refused issuance or renewal of a 
certificate, has had a certificate sus-
pended or revoked, or does not qualify 
for a certificate under this paragraph.
‘‘(III) The applicant for or holder 
of the certification has failed to com-
ply with the Secure America and Or-
derly Immigration Act. 
‘‘(C) REMEDY FOR VIOLATIONS.—An em-
ployer engaging in foreign labor contracting ac-
tivity and a foreign labor contractor that vio-
lates the provisions of this subsection shall be 
subject to remedies for foreign labor contractor 
violations under subsections (j) and (k). If a 
foreign labor contractor acting as an agent of 
an employer violates any provision of this sub-
section, the employer shall also be subject to 
remedies under subsections (j) and (k). An em-
ployer that violates a provision of this sub-
section relating to employer obligations shall be 
subject to remedies under this subsections (j) 
and (k). 
‘‘(D) EMPLOYER NOTIFICATION.—An em-
ployer shall notify the Secretary of Labor any 
time the employer becomes aware of a violation 
of this subsection by a foreign labor recruiter. 
‘‘(E) WRITTEN AGREEMENTS.—No foreign 
labor contractor shall violate the terms of any 
written agreements made with an employer re-
lating to any contracting activity or worker pro-
tection under this subsection. 
‘‘(F) BONDING REQUIREMENT.—The Sec-
retary of Labor may require a foreign labor 
contractor under this subsection to post a bond 
in an amount sufficient to ensure the protection 
of individuals recruited by the foreign labor 
contractor. The Secretary may consider the ex-
tent to which the foreign labor contractor has 
sufficient ties to the United States to ade-
quately enforce this subsection. 
‘‘(j) ENFORCEMENT.— 
‘‘(1) IN
GENERAL.—The Secretary of Labor 
shall prescribe regulations for the receipt, investiga-
tion, and disposition of complaints by an aggrieved 
person respecting a violation of this section. 
‘‘(2) DEFINITION.—As used in this subsection, 
an ‘aggrieved person’ is a person adversely affected 
by the alleged violation, including— 
‘‘(A) a worker whose job, wages, or work-
ing conditions are adversely affected by the vio-
lation; and 
‘‘(B) a representative for workers whose 
jobs, wages, or working conditions are adversely
affected by the violation who brings a complaint 
on behalf of such worker. 
‘‘(3) FILING
DEADLINE.—No investigation or 
hearing shall be conducted on a complaint con-
cerning a violation under this section unless the 
complaint was filed not later than 12 months after 
the date of such violation. 
‘‘(4) REASONABLE
CAUSE.—The Secretary of 
Labor shall conduct an investigation under this sub-
section if there is reasonable cause to believe that a 
violation of this section has occurred. The process 
established under this subsection shall provide that, 
not later than 30 days after a complaint is filed, the 
Secretary shall determine if there is reasonable 
cause to find such a violation. 
‘‘(5) NOTICE AND HEARING.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the Secretary of Labor makes a de-
termination of reasonable cause under para-
graph (4), the Secretary shall issue a notice to 
the interested parties and offer an opportunity 
for a hearing on the complaint, in accordance 
with section 556 of title 5, United States Code. 
‘‘(B) COMPLAINT.—If the Secretary of 
Labor, after receiving a complaint under this
subsection, does not offer the aggrieved party 
or organization an opportunity for a hearing 
under subparagraph (A), the Secretary shall no-
tify the aggrieved party or organization of such 
determination and the aggrieved party or orga-
nization may seek a hearing on the complaint 
in accordance with such section 556. 
‘‘(C) HEARING DEADLINE.—Not later than 
60 days after the date of a hearing under this 
paragraph, the Secretary of Labor shall make a 
finding on the matter in accordance with para-
graph (6). 
‘‘(6) ATTORNEYS’ FEES.—A complainant who 
prevails with respect to a claim under this sub-
section shall be entitled to an award of reasonable 
attorneys’ fees and costs. 
‘‘(7) POWER OF THE SECRETARY.—The Sec-
retary may bring an action in any court of com-
petent jurisdiction— 
‘‘(A) to seek remedial action, including in-
junctive relief; 
‘‘(B) to recover the damages described in 
subsection (k); or 
‘‘(C) to ensure compliance with terms and 
conditions described in subsection (i).