I 
117TH CONGRESS 
2D SESSION 
H. R. 7549 
To reform the process by which temporary nonagricultural workers’ visas 
are allocated, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 21, 2022 
Mr. CASTRO of Texas (for himself, Ms. BARRAGA´N, Mr. ESPAILLAT, Ms. 
SCHAKOWSKY, Mr. MCGOVERN, Ms. SA´NCHEZ, Ms. CHU, Ms. MENG, Ms. 
NORTON, Mrs. CHERFILUS-MCCORMICK, Mr. CARSON, Ms. JAYAPAL, Mr. 
POCAN, and Ms. TITUS) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Seasonal Worker Soli-
darity Act of 2022’’. 
SEC. 2. H–2B WORKERS. 
(a) IN GENERAL.—The Immigration and Nationality 
Act (8 U.S.C. 1151 et seq.) is amended by inserting after 
section 218 the following: 
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‘‘SEC. 218A. ADMISSION OF H–2B WORKERS. 
‘‘(a) NATIONWIDE RECRUITMENT.— 
‘‘(1) IN
GENERAL.—The Secretary of Labor 
shall require employers to conduct recruitment ac-
tivities nationwide and consider, without prejudice, 
applications from workers and labor organizations in 
any region, including all of the States and territories 
of the United States, consistent with the require-
ments in section 101(a)(15)(H)(ii)(b) of the Immi-
gration and Nationality Act. The Secretary shall co-
ordinate with State Workforce Agencies to conduct 
concerted recruitment in any State or metropolitan 
statistical areas designated by the Secretary of 
Labor as a Labor Surplus Area. 
‘‘(2) DISASTER RESPONSE WORKERS.— 
‘‘(A) DISASTER
RESPONSE
ASSISTANCE 
FOR
DISPLACED
WORKERS.—State Workforce 
Agencies shall make available supplemental sup-
port and training to any worker authorized to 
work in the United States who is displaced as 
a result of a local, State, or nationally declared 
disaster so that such individual is able to seek 
employment as a temporary nonagricultural 
worker. 
‘‘(B) 
SUPPLEMENTAL
INFORMATION.— 
Employers seeking to hire temporary non-
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agricultural workers for disaster response shall 
submit to the Secretary of Labor a supple-
mental worksheet detailing the health and safe-
ty training plan and equipment to be provided 
to temporary nonagricultural workers to ensure 
health and safety of such workers in impacted 
geographical areas. 
‘‘(C) PLAN APPROVAL.—The Secretary of 
Labor may not issue a labor certification unless 
the Secretary approves the plan to adequately 
protect workers in declared disaster areas sub-
mitted under this paragraph. 
‘‘(b) ADVISORY COMMITTEE.—In accordance with the 
provisions of the Federal Advisory Committee Act, the 
Secretary of Labor shall establish an advisory committee 
not later than 5 months after the date of enactment of 
the Seasonal Worker Solidarity Act of 2022, whose mem-
bership shall consist of representatives from the Depart-
ment of Labor, State Workforce Agencies, and labor orga-
nizations, and organizations advocating for workers in rel-
evant industries. The advisory committee shall meet on a 
periodic basis and shall advise the Secretary of Labor on 
issues related to improving recruitment of United States 
workers, including standard setting for nationwide and 
Labor Surplus Area recruitment efforts and the develop-
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ment, testing, and implementation of the recruitment plat-
form described in subsection (c) and the prevention of dis-
crimination in the recruitment, hiring, and treatment of 
temporary nonagricultural workers. Not later than 18 
months after the date on which the advisory committee 
holds its initial meeting, the committee shall submit to the 
Secretary of Labor and Congress a report on issues re-
lated to improving recruitment of United States workers 
and the development, testing, and implementation of the 
recruitment platform and the prevention of discrimination 
in the recruitment, hiring, and treatment of temporary 
nonagricultural workers. 
‘‘(c) RECRUITMENT PLATFORM.— 
‘‘(1) CREATION.—Not later than 1 year after 
the date of enactment of the Seasonal Worker Soli-
darity Act of 2022, the Secretary of Labor shall cre-
ate and make available on the Department of Labor 
website a centralized, national electronic seasonal 
and temporary job search and worker recruitment 
platform (in this section referred to as the ‘recruit-
ment platform’) for employment opportunities for 
which employers are seeking authorization to hire 
H–2B workers. 
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‘‘(2) PURPOSE.—The 
recruitment 
platform 
shall allow applicants to submit applications for 
available positions electronically to— 
‘‘(A) facilitate the nationwide recruitment 
of United States workers; and 
‘‘(B) provide transparency about United 
States employment opportunities for job seekers 
outside of the United States. 
‘‘(3) NOTIFICATION.—The Secretary of Labor 
shall create a mechanism by which the public, job 
seekers, State Workforce Agencies, labor unions, and 
other organizations are able to receive electronic no-
tification within 24 hours when job orders in rel-
evant industries and regions are posted to the 
website. 
‘‘(4) REGISTRATION.—An employer seeking to 
recruit temporary nonagricultural workers shall reg-
ister on the recruitment platform and job orders on 
the recruitment platform may only be posted by such 
registered employers. 
‘‘(5) ARCHIVES.—Job orders shall remain pub-
licly accessible for a period of at least 5 years after 
the original posting date. 
‘‘(d) PUBLIC RESPONSE.—The Secretary of Labor 
shall develop a process for labor organizations, and organi-
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zations advocating for workers in relevant industries, to 
publicly challenge an employer’s claim of temporary need, 
wage rates, job requirements posted to the recruitment 
platform, or any other employment issue related to tem-
porary nonagricultural workers and shall apply appro-
priate remedies when violations are found. The Depart-
ment of Labor’s decisions shall not be subject to judicial 
review. 
‘‘(e) EMPLOYER CERTIFICATION.—When registering 
on the recruitment platform, an employer shall certify 
compliance with each of the following: 
‘‘(1) SAFE AND FAIR WORKPLACE.— 
‘‘(A) IN GENERAL.—The employer shall, in 
addition to all other certifications required by 
the Secretary of Labor meet the following re-
quirements: 
‘‘(i) LEGAL
COMPLIANCE.—The em-
ployer shall comply with Federal law and 
any applicable State law, or local law or 
ordinance, and recognize any labor organi-
zation that provides evidence of support 
from a majority of the workforce. 
‘‘(ii) 
WORKERS’ 
COMPENSATION.— 
The employer shall provide workers’ com-
pensation insurance coverage in compliance 
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with State law covering injury and disease 
arising out of and in the course of the 
worker’s employment. If the type of em-
ployment for which the certification is 
sought is not covered by or is exempt from 
the State’s workers’ compensation law, the 
employer shall provide, at no cost to the 
worker, insurance covering injury and dis-
ease arising out of and in the course of the 
worker’s employment that shall provide 
benefits at least equal to those provided 
under the State workers’ compensation law 
for other comparable employment. 
‘‘(iii) 
CONDITIONS
OF
EMPLOY-
MENT.—The employer shall offer United 
States workers no less than the same bene-
fits, wages, and working conditions that 
the employer is offering, intends to offer, 
or will provide to H–2B workers, including 
transportation and housing. 
‘‘(B) PENALTY.—The Secretary of Labor, 
in consultation with the National Labor Rela-
tions Board shall, within 2 weeks of employer 
registration, review relevant records to verify 
employer compliance with this paragraph over 
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the previous 5-year period. An employer, and 
the employer’s successor-in-interest, who fails to 
comply with this paragraph shall be subject to 
a 2-year debarment from the H–2B program 
and the use of the recruitment platform. 
‘‘(2) POSTING.— 
‘‘(A) IN
GENERAL.—The employer shall 
submit job orders to the Department of Labor 
for posting on the recruitment platform. Ap-
proved job orders shall be posted for no less 
than 60 days before the employer applies for an 
H–2B labor certification, and job orders shall 
remain active on the recruitment platform until 
the first date of need. Any United States appli-
cant who applies for a job on the recruitment 
platform may only be rejected for job-related 
reasons and those found by the Secretary of 
Labor to have been rejected on any other basis 
shall be entitled to an appropriate remedy. 
Each employer shall retain records of all hired 
workers and rejected applicants for 5 years. 
‘‘(B) LANGUAGE.—The following are re-
quirements with respect to job order postings 
on the recruitment platform: 
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mines are in compliance with requirements 
of Federal, State, and local law; and 
‘‘(iii) official forms submitted by pro-
spective H–2B employers to secure labor 
certification and prevailing wage deter-
minations, including any approvals thereof 
by the Secretary of Labor. 
‘‘(3) UNION APPLICANTS.—The employer shall 
consider, before the first date of need, any appli-
cants or groups of applicants put forward by United 
States labor organizations and organizations advo-
cating for workers in relevant industries that have 
qualified members available for posted job orders. 
The employer shall recognize the union training cre-
dentials of members of United States labor unions 
who come from abroad and such members shall be 
eligible for H–2B visas that are exempt from numer-
ical limitations. 
‘‘(4) WORKER QUALIFICATIONS.— 
‘‘(A) IN
GENERAL.—The employer shall 
disclose minimum qualifications for any position 
and hire workers who meet those minimum 
qualifications, and shall not impose unnecessary 
experience or educational requirements of appli-
cants, and shall not require criminal back-
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ground checks, unless otherwise required by law 
for the specific position. 
‘‘(B) POSITIONS REQUIRING LITTLE OR NO 
EXPERIENCE.—In the case that the Secretary 
of Labor determines that a position is in an Oc-
cupational Information Network Job Zone One 
occupation requiring little or no prior training 
or experience, the Secretary shall not permit an 
employer to require prior training or experience 
for the position. 
‘‘(5) WAGE RATES.—The salaries paid to H–2B 
workers shall be set at rates that do not adversely 
affect the local or national average wages in the oc-
cupations of employment or otherwise negatively im-
pact the working conditions and benefits of workers 
in the United States who are similarly employed. 
‘‘(6) MINIMUM
WORK
HOURS.—The employer 
shall guarantee that temporary nonagricultural 
workers are paid for at least the number of hours 
stipulated on the job order, and not less than 40 
hours per week. 
‘‘(7) TRANSPORTATION
AND
HOUSING.—The 
employer shall provide transportation and offer 
housing for any temporary nonagricultural workers 
hired to fill posted job orders as follows: 
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‘‘(A) TRANSPORTATION.— 
‘‘(i) TRANSPORTATION TO AND FROM 
PLACE
OF
EMPLOYMENT.—The employer 
shall provide transportation and subsist-
ence for each temporary nonagricultural 
worker to travel from the worker’s place of 
permanent residence to the place of em-
ployment and back at no cost to the work-
er and regardless of whether the worker is 
dismissed early. 
‘‘(ii) TRANSPORTATION BETWEEN LIV-
ING QUARTERS AND WORKSITE.—The em-
ployer shall provide daily round-trip trans-
portation between living quarters and 
worksite at no cost to workers. 
‘‘(iii) EMPLOYER-PROVIDED
TRANS-
PORTATION.—All employer-provided trans-
portation shall comply with all applicable 
Federal, State, or local laws and regula-
tions, and shall meet all relevant transpor-
tation safety standards, driver licensure, 
and vehicle insurance requirements. 
‘‘(iv) EMPLOYER-REIMBURSED TRANS-
PORTATION.—Notwithstanding clauses (i), 
(ii), and (iii), in lieu of providing transpor-
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tation to a temporary nonagricultural 
worker, an employer may reimburse such a 
worker for transportation if such reim-
bursement is made not later than 5 busi-
ness days after the worker’s arrival at the 
place of employment. 
‘‘(B) HOUSING.— 
‘‘(i) OBLIGATION TO PROVIDE HOUS-
ING.—The employer shall provide housing 
at no cost to all temporary nonagricultural 
workers who seek such housing and H–2B 
workers. Housing shall meet the following 
criteria: 
‘‘(I) 
HOUSING
STANDARDS.— 
Employer-provided housing may be 
owned or rented by the employer and 
shall meet Federal temporary housing 
regulations and comply with all other 
applicable Federal, State, or local 
laws and regulations and meet all rel-
evant Occupational Safety and Health 
Administration standards. The em-
ployer shall retain, for at least 5 years 
after the end of the work contract pe-
riod, any records documenting that 
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the employer-provided housing is com-
pliant with such laws, regulations, and 
standards. 
‘‘(II) 
HOUSING
COSTS
AND 
FEES.—In a case in which the em-
ployer provides rented housing, hous-
ing fees shall be paid according to the 
following criteria: 
‘‘(aa) RENTAL
COSTS
AND 
FEES.—Any 
costs, 
including 
charges and fees for rental hous-
ing, shall be paid by the employer 
to the owner or operator of the 
housing. 
‘‘(bb) DEPOSIT CHARGES.— 
Neither employers nor landlords 
may charge workers for bedding, 
furnishings, 
or 
other 
similar 
incidentals related to housing. An 
employer may require workers to 
reimburse the employer for dam-
age for which the workers are re-
sponsible and which is not the re-
sult of normal wear and tear re-
lated to habitation. 
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‘‘(cc) CHARGES FOR PUBLIC 
HOUSING.—If the employer se-
cures public housing for tem-
porary nonagricultural workers 
under the auspices of a local or 
State government, the employer 
shall pay any charges normally 
required for use of the public 
housing units directly to the 
housing’s management. 
‘‘(ii) 
FAMILY
HOUSING.—Family 
housing shall be made available to spouses 
and 
dependents 
of 
temporary 
non-
agricultural workers who request it, and 
employers should inform temporary non-
agricultural workers at the time of hire of 
the right to make such a request. 
‘‘(8) RECORDS.—The employer shall maintain 
certified payroll records, which shall be made avail-
able to the Department of Labor, workers and the 
designees of such workers upon request. Such 
records shall not be subject to the Freedom of Infor-
mation Act and shall be maintained by an employer 
for five calendar years after the last date of the 
work contract period. The employer shall issue pay 
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statements in both a paper and electronic format to 
workers that clearly enumerate wage rates, hours, 
and all deductions and identify the legal name, busi-
ness address, and Federal employer identification 
number of the employer. H–2B wages shall be paid 
by the employer who submits the labor certification 
application. 
‘‘(9) DIRECT EMPLOYMENT.—A registered em-
ployer shall employ temporary nonagricultural work-
ers directly and not place H–2B workers under the 
direct or indirect supervision of a third party em-
ployer, agency, or contractor. Subcontracting of H– 
2B workers is prohibited. 
‘‘(10) HIRING H–2B WORKERS.—Before hiring 
H–2B workers and after at least 60 days of domes-
tic recruitment on the national recruitment platform, 
the employer shall— 
‘‘(A) attest to a shortage of workers in the 
local surrounding areas and across the United 
States and maintain records documenting re-
cruitment efforts; and 
‘‘(B) at the time of recruitment and upon 
hire, provide H–2B workers with a written and 
oral notice, in a language that the worker un-
derstands, that identifies the job classification, 
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describes duties, compensation, hours, all rel-
evant terms of employment, housing, and trans-
portation and information on applicable labor 
and employment rights, including the right to 
form or join a labor organization under the Na-
tional Labor Relations Act. 
‘‘(11) SUPPLY
CHAIN
DISCLOSURE
AND
RE-
QUIREMENTS.— 
‘‘(A) IN
GENERAL.—The employer shall 
disclose to the Secretary of Labor through the 
labor certification process the entire recruit-
ment supply chain, including any recruiters or 
foreign or domestic labor contractors and 
subagent local recruiters involved in securing 
workers for job postings and any known fund-
ing sources for the work to be provided, includ-
ing both public and private contracts. 
‘‘(B) JOINT
AND
SEVERAL
LIABILITY.— 
The employer shall be jointly and severally lia-
ble for the actions of any recruiters or foreign 
or domestic labor contractors in the recruitment 
supply chain involved in or acting on behalf of 
the employer in securing workers for job post-
ings. 
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‘‘(C) WRITTEN VERIFICATIONS.—The em-
ployer shall obtain and submit to the Secretary 
of Labor written certifications from any and all 
recruiters or foreign or domestic labor contrac-
tors in the supply chain that those recruiters or 
contractors shall— 
‘‘(i) engage in non-discriminatory hir-
ing practices; 
‘‘(ii) at the time of recruitment and in 
a language the workers understand, pro-
vide workers with posted job orders and 
terms and conditions of employment; 
‘‘(iii) not charge fees of any kind, in-
cluding fees to acquire passports and other 
necessary documentation for travel, to any 
applicant or job seeker through any means, 
including in the form of loans, deductions, 
or kickbacks; and 
‘‘(iv) not engage in any forms of retal-
iation, including blacklisting against work-
ers or their family members. 
‘‘(f) PUBLISHED ATTESTATIONS.—Employer attesta-
tions and data disclosures made pursuant to this section 
shall be made publicly available on the national job search 
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and worker recruitment platform immediately upon being 
entered into the system. 
‘‘(g) NON-DISCRIMINATION AND WAGE EQUITY.— 
‘‘(1) APPLICATION REVIEW.— 
‘‘(A) IN GENERAL.—In order to prevent 
adverse effects on the wages of United States 
workers, employers shall offer and pay United 
States workers and H–2B workers the highest 
of— 
‘‘(i) the mean of the wages of workers 
similarly employed in the area of intended 
employment or at the national level using 
the wage component of the Bureau of 
Labor Statistics Occupational Employment 
Statistics Survey; 
‘‘(ii) 200 percent of the Federal min-
imum wage; 
‘‘(iii) any collectively bargained wage 
and fringe rates for the broad occupational 
category within each State of employment; 
‘‘(iv) wage and fringe benefit rates ap-
plicable to similar construction, alteration, 
or repair work in the locality as deter-
mined by the Secretary of Labor in accord-
ance with subchapter IV of chapter 31 of 
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title 40, United States Code (known as the 
Davis-Bacon Act); and 
‘‘(v) any wage and fringe benefit rates 
for the occupation established by chapter 
67 of title 41 (known as the McNamara- 
O’Hara Service Contract of 1965). 
‘‘(B) 
OCCUPATION
DESIGNATION.—For 
purposes of this paragraph, the term ‘occupa-
tion’ does not include an occupation that is a 
subset of a Standard Occupational Classifica-
tion or a Department of Labor approved Occu-
pational Information Network subclassification 
if such subset or subclassification would result 
in an average wage that is lower than the aver-
age wage in the Standard Occupational Classi-
fication from which the subset or subclassifica-
tion is derived. 
‘‘(2) WAGE SURVEYS.—The Secretary of Labor 
may only consider Federal data sources and may not 
permit the use of private wage surveys to establish 
the mean wage for an occupation under paragraph 
(1)(A)(i). Wage surveys conducted by State or local 
government agencies may be permitted on an excep-
tional basis when there are gaps in Occupational 
Employment and Wage Statistics survey data. 
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‘‘(3) LABOR
CERTIFICATIONS.—Prior to ap-
proving a labor certification, the Secretary of Labor 
shall— 
‘‘(A) cross reference each employer appli-
cant with relevant Department of Labor data-
bases, including the Equal Employment Oppor-
tunity Commission database, and National 
Labor Relations Board databases to determine 
whether a labor dispute or investigation is on-
going; and 
‘‘(B) in the event of an ongoing labor dis-
pute or investigation, implement supplemental 
measures to prevent abuses of temporary non-
agricultural workers, including onsite visits, 
interviewing workers, requiring additional safe-
ty measures, and denying certifications when 
appropriate. 
‘‘(4) AUDIT.—Every fiscal year, the Secretary 
of Labor shall conduct random audits of not less 
than 5 percent of all H–2B employers and not less 
than 50 percent of all employers employing more 
than 50 H–2B workers. The Secretary of Labor 
shall give priority to the audit of employers with a 
workforce in which at least 15 percent of all workers 
have H–2B status. The audits shall assess— 
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‘‘(A) whether the employer is engaging in 
criminal background checks that are not other-
wise required by a Federal, State, or local law; 
‘‘(B) whether experience requirements are 
reasonable for the indicated Occupational Infor-
mation Network level and commensurate with 
the advertised position, and whether such re-
quirements are used to screen out applicants 
based on their race, age, national origin, dis-
ability, genetic information, religious belief, or 
sex, including sexual orientation or gender iden-
tity; 
‘‘(C) whether an employer’s hiring prac-
tices are having a disparate impact on employ-
ees; 
‘‘(D) whether an employer is adhering to 
the terms of the job order, employment con-
tract, or collective bargaining agreement and 
has paid the promised wage rates listed on the 
labor certification and petition for an H–2B 
worker, as well as any other applicable overtime 
hours, fringe benefits, or bonuses; 
‘‘(E) whether the employer has engaged in 
any form of retaliation against workers or their 
family members; 
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‘‘(F) whether the employer has committed 
or is being investigated for any other violations 
of labor and employment law or any other rel-
evant laws; 
‘‘(G) whether housing and transportation 
provided to temporary nonagricultural workers 
meets all relevant standards; and 
‘‘(H) whether recruiters designated by the 
H–2B employers are in compliance with labor 
and employment laws or any other relevant 
laws. 
‘‘(5) OVERSIGHT.—The Secretary of Labor 
shall conduct active and ongoing oversight of the re-
cruitment platform, registered employers, and the 
H–2B program to ensure that— 
‘‘(A) there is no adverse effect on wages 
and working conditions; 
‘‘(B) United States workers and H–2B 
workers receive equal treatment; 
‘‘(C) any application for labor certification 
that does not meet the requirements of this sec-
tion is denied; 
‘‘(D) action is taken based on the audits 
conducted pursuant to paragraph (4), includ-
ing— 
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‘‘(i) the initiation of civil or criminal 
proceedings where appropriate; 
‘‘(ii) the identification of and public 
reporting 
of 
recurring 
challenges 
for 
women and other protected classes and 
underrepresented 
groups 
seeking 
tem-
porary nonagricultural employment; and 
‘‘(iii) the initiation process for suspen-
sion or permanent debarment of employers 
where appropriate from all nonimmigrant 
visa programs. 
‘‘(6) EQUAL
OPPORTUNITY
ADVOCATE.—The 
Secretary of Labor shall create an H–2B Equal Op-
portunity Advocate position to investigate, report on, 
and address any challenges identified under para-
graph (4)(B). The Equal Opportunity Advocate shall 
report to and consult with the Advisory Committee. 
‘‘(h) VISA ALLOCATION.— 
‘‘(1) DURATION.—In order to be eligible for the 
H–2B program, a job order may not exceed a term 
of 7 months. 
‘‘(2) QUARTERLY ALLOCATION.—Every quarter 
of the fiscal year, the Secretary of Homeland Secu-
rity shall make available one-fourth of the annual 
limit of H–2B petitions. Any unused H–2B petition 
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numbers shall roll over to the following quarter in 
the same fiscal year, but shall not roll over to the 
following fiscal year. 
‘‘(3) CAP PER EMPLOYER.—An employer may 
not employ, directly or indirectly, more than 100 H– 
2B workers at any time. 
‘‘(4) LIMITATIONS ON H–2B SHARE OF A WORK-
FORCE.—If an employer employs 50 or more work-
ers in the United States, the sum of the number of 
such workers who are H–2B workers may not exceed 
50 percent of the total number of workers employed. 
‘‘(5) PROHIBITION ON LABOR CERTIFICATION 
IN
LABOR
SURPLUS
AREAS
OR
INDUSTRIES.—The 
Secretary of Labor may not issue a labor certifi-
cation for work to be performed in an area or occu-
pation with unemployment rates higher than 6 per-
cent or at least 20 percent above the national unem-
ployment rate. 
‘‘(6) PRIORITY.—In a case in which demand for 
visas exceeds supply in the first 5 filing days of any 
given quarter, the Secretary of Homeland Security 
shall give priority in visa issuance to employers 
that— 
‘‘(A) pay wages at the 75th percentile or 
above based on Department of Labor survey 
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data or collectively bargained wages or Davis 
Bacon wages; 
‘‘(B) are seeking to employ H–2B workers 
on worksites located in States with unemploy-
ment rates 20 percent or more below the na-
tional average; 
‘‘(C) are hiring returning workers pre-
viously employed in H–2B nonimmigrant status 
or workers from under-represented groups 
(based on gender or country of origin); or 
‘‘(D) have less than 15 percent of their 
workforce in the United States comprised of H– 
2B workers. 
‘‘(i) ASSESSMENT.—The Secretary of Labor shall as-
sess a fee on each employer to fund the labor certification 
process at such amount as may be necessary to support 
effective processing by the Department of Labor, and 
meaningful investigation and enforcement of worker pro-
tections, and may update the fee as necessary to meet the 
requirement. The Secretary of Homeland Security shall 
have the authority to assess and periodically update fees 
on each employer for the processing and adjudication of 
petitions in order to support effective processing and adju-
dication, if and when the Secretary determines that the 
fees are insufficient for doing so. 
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‘‘(j) LIMITATION ON ASSIGNMENT.—Employers shall 
not assign H–2B workers to an area of employment other 
than that stipulated on an employer’s original job order 
without obtaining the workers’ consent and a new labor 
certification for a new H–2B petition. 
‘‘(k) EMPLOYMENT
AUTHORIZATIONS.—An H–4 
nonimmigrant spouse of an H–2B nonimmigrant shall be 
eligible to apply for employment authorization with the 
Secretary of Homeland Security but shall be prohibited 
from accepting employment with the same employer as the 
principal H–2B nonimmigrant. 
‘‘(l) EMPLOYER ACCOUNTABILITY.— 
‘‘(1) USE OF OTHER VISA PROGRAMS.—Within 
any 2-year period, an employer of H–2B workers 
may not employ directly or through subcontractors, 
any workers in the same broad occupational category 
or industry through any other nonimmigrant visa 
program except those workers who are employed— 
authorized through a nonimmigrant visa issued for 
humanitarian or family purposes. Any employer 
found to have violated this paragraph shall be sub-
ject to a 2-year debarment from employing non-
immigrants or using the recruitment platform. 
‘‘(2) FAIR PAY AND SAFE WORKPLACE.— 
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‘‘(A) IN GENERAL.—In the case that a reg-
istered employer is found to have violated pro-
gram regulations, including the fair pay and 
safe workplaces commitment, the established 
prevailing wage under subsection (j)(2), or the 
provision on working conditions such registered 
employer and the principals, subsidiary, owner, 
or affiliated company of such registered em-
ployer shall be subject to a 2-year debarment 
from employing nonimmigrants or using the re-
cruitment platform for the first violation and 
permanent debarment for subsequent violations. 
‘‘(B) RELIANCE.—In making a determina-
tion under subparagraph (A), the Secretary of 
Labor or the Secretary of Homeland Security 
may rely, among other sources, on findings of 
a Federal, State, or local agency or court that 
an employer has violated Federal, State, or 
local employment laws. 
‘‘(3) OTHER VIOLATIONS.— 
‘‘(A) IN GENERAL.—Any employer of an 
H–2B worker, or the successor in interest of 
that employer, who is determined by the Sec-
retary of Labor or the Secretary of Homeland 
Security to have committed a violation of this 
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section at any time, including a misdemeanor or 
felony violation, shall be subject to debarment. 
‘‘(B) RELIANCE.—In making a determina-
tion under subparagraph (A), the Secretary of 
Labor or the Secretary of Homeland Security 
may rely, among other sources, on findings of 
a Federal, State, or local agency or court that 
an employer has violated Federal, State, or 
local employment laws. 
‘‘(4) JOINT AND SEVERAL LIABILITY.—Employ-
ers shall be jointly and severally liable for the ac-
tions of any recruiter and foreign labor contractor of 
the employer in violation of any H–2B regulation, 
requirement, or other labor or employment law. 
‘‘(m) REDRESS FOR WORKERS.— 
‘‘(1) PRIVATE
RIGHT
OF
ACTION
AND
FEE 
SHIFTING.—A temporary nonagricultural worker 
may bring a civil action before any district court of 
the United States, or other court having jurisdiction 
over the parties, against an employer or recruiter 
who violates any H–2B regulation, requirement, or 
other labor or employment law, or who retaliates 
against a worker who exercises the worker’s rights 
under this section, without respect to the amount in 
controversy and without regard to the citizenship of 
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the parties and without regard to exhaustion of any 
alternative administrative remedies. Any such em-
ployer shall be liable for back pay, unpaid wages, 
and other damages, including general, compensatory, 
and punitive damages, and reasonable attorneys’ 
fees. An employer may not require, as a condition of 
employment, 
mandatory 
arbitration 
of 
private 
claims. A waiver of any right created under this law 
shall be void and unenforceable. Workers shall be el-
igible for status protections and work authorization 
during the pendency of any such legal action. 
‘‘(2) LEGAL SERVICES.—H–2B workers shall be 
eligible to be represented by the Legal Services Cor-
poration and service providers that are recipients of 
Legal Services Corporation funds. 
‘‘(3) APPOINTMENT OF ATTORNEY AND COM-
MENCEMENT
OF
ACTION.—Upon application by a 
complainant and in such circumstances as the court 
may determine just, the court may appoint an attor-
ney for such complainant and may authorize the 
commencement of the action. 
‘‘(4) STATUTE
OF
LIMITATIONS.—The com-
mencement of a civil action shall be barred unless 
such action is commenced before the date that is 10 
years after the cause of action accrues. 
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‘‘(n) INJUNCTION AUTHORITY.—The Attorney Gen-
eral may, on his or her own or at the request of the Sec-
retary of Labor or the Secretary of Homeland Security, 
bring a civil action before any district court of the United 
States to seeking an order of injunction against any em-
ployer or recruiter or anyone else in the recruitment chain, 
whether or not such person or entity is physically located 
in the United States, who violates any H–2B regulation, 
requirement, or other labor or employment law, or who 
retaliates against a worker who exercises the worker’s 
rights under this section. 
‘‘(o) REBUTTABLE PRESUMPTION.—There shall be a 
rebuttable presumption that a worker is the subject of re-
taliation if a worker exercises a protected right, assists 
in a labor agency investigation, or complains about work-
ing conditions and is not hired for another posted job for 
which the worker is qualified within 1 year after the end 
of the contract in which the worker was engaged when 
he or she exercised such right or complained about such 
condition. 
‘‘(p) NATIONAL ORIGIN.—The Secretary of Home-
land Security, in consultation with the Secretary of State, 
shall— 
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‘‘(1) on the date of enactment of this section, 
designate all countries as eligible for H–2B recruit-
ment; 
‘‘(2) impose the penalties described under sec-
tion 243(d); 
‘‘(3) disclose reasons and evidence for tempo-
rarily designating a country as ineligible after the 
date of enactment of this section. 
‘‘(q) VISA FOR ACCEPTED POSITION.— 
‘‘(1) IN
GENERAL.—The Secretary of State 
shall issue a 7-month visa to a worker for each H– 
2B position the worker accepts. 
‘‘(2) CONTROL.—An H–2B worker may self-pe-
tition to request a change of status to a new em-
ployer with an approved H–2B job order. An H–2B 
worker who notifies the Department of Homeland 
Security of intent to change employers shall receive 
a 60-day grace period in which to secure a new posi-
tion. 
‘‘(3) RECRUITMENT FEES.—Employers shall be 
responsible for all fees associated with H–2B labor 
certifications, petitions, and visa applications. Em-
ployers may not collect a job placement fee or other 
compensation (either direct or indirect) at any time, 
including before or after a labor certification or peti-
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tion has been approved, as a condition of employ-
ment of a temporary nonagricultural worker. Job or-
ders shall contain clear language explaining that the 
worker is not liable for any processing, recruitment, 
employment, or similar fees and that all such pay-
ment is the responsibility of the employer. 
‘‘(4) UNEMPLOYMENT PERIOD.—A worker may 
be unemployed for a period of not more than 60 
days within the validity dates of the worker’s H–2B 
visa, during which time the worker shall not accrue 
unlawful presence under section 212(a)(9) and may 
apply for open positions on the H–2B jobs portal, 
and shall have priority for hiring before new H–2B 
applicants. 
‘‘(r) COUNTRY OF ORIGIN VIOLATIONS.—An H–2B 
worker who experiences or reports, in the worker’s country 
of origin, retaliation or other violations of this section by 
a United States employer, or a recruiter or foreign labor 
contractor working on behalf of such employer in the re-
cruitment chain, shall be eligible for parole and work au-
thorization for a period of not less than 2 years in order 
to return to the United States to seek legal redress. 
‘‘(s) STATE WORKFORCE AGENCIES.—The Secretary 
of Labor shall allocate such funds as may be necessary 
to train State Workforce Agencies on the H–2B program 
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and the recruitment platform so such agencies can assist 
with efforts to recruit available United States workers, in-
cluding through engagement with any and all relevant 
labor organizations and organizations advocating for 
workers in relevant industries. In any State with more 
than 200 approved H–2B labor certifications, the State 
Workforce Agency shall prepare, in consultation with labor 
organizations and organizations advocating for workers in 
relevant industries, an annual plan to identify and address 
the barriers to employment, such as housing or transpor-
tation, that discourage unemployed or underemployed 
U.S. workers from applying for such jobs. 
‘‘(t) DEFINITIONS.—In this section: 
‘‘(1) DISCLOSE.—The term ‘disclose’ means to 
make a formal or informal communication or trans-
mission. 
‘‘(2) EMPLOY.—The term ‘employ’ has the 
meaning given such term under section 3(g) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
203(g)). 
‘‘(3) H–2B WORKER.—The term ‘H–2B work-
er’ means a nonimmigrant authorized or previously 
authorized to work in the United States pursuant to 
section 101(a)(15)(H)(ii)(B). 
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‘‘(4) LABOR
CONTRACTOR.—The term ‘labor 
contractor’ means any person, other than an em-
ployer, who is contracted to perform any recruitment 
activity on behalf of an employer, whether domesti-
cally or abroad. 
‘‘(5) LABOR SURPLUS AREA.—The term ‘Labor 
Surplus Area’ is any area in which the unemploy-
ment rate is more than 6 percent or is at least 20 
percent above the national unemployment rate. 
‘‘(6) PLACE
OF
EMPLOYMENT.—The term 
‘place of employment’ means the geographic location 
in which work occurs. 
‘‘(7) RECRUITER.—The term ‘recruiter’ means 
any person, other than an employer, who performs 
any recruitment activity on behalf of an employer, 
whether domestically or abroad and includes any for-
eign governmental or quasi-governmental entity in-
volved in this process. 
‘‘(8) RECRUITMENT.—The term ‘recruitment’ 
means advertising, disseminating information, selec-
tion, placement into employment, facilitating con-
sular appointments and visa paperwork on behalf of 
the employer, and housing and transport to and 
from place of permanent residence for temporary 
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nonagricultural workers. The term applies to both 
jobseekers and those who are or were employed. 
‘‘(9) TEMPORARY
NONAGRICULTURAL
WORK-
ER.—The term ‘temporary nonagricultural worker’ 
means an individual who is, has been, or is seeking 
to be employed in a position posted on the Depart-
ment of Labor’s seasonal job search and recruitment 
platform, regardless of immigration status. 
‘‘(10) STATE.—The term ‘State’ means any of 
the States of the United States, the District of Co-
lumbia, the United States Virgin Islands, the Com-
monwealth of Puerto Rico, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Is-
lands. 
‘‘(11) WORKER.—The term ‘worker’ means an 
individual who is, has been, or is seeking to be em-
ployed or otherwise perform work for pay, regardless 
of immigration status. 
‘‘(12) WORKSITE.—The term ‘worksite’ means 
the physical location of the job for which the worker 
is hired.’’. 
(b) NUMERICAL LIMITATION CONFORMING AMEND-
MENTS.—Section 214(g)(10) of the Immigration and Na-
tionality Act is amended— 
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(1) by striking ‘‘first 6 months’’ and inserting 
‘‘every 3 months’’; and 
(2) 
by 
striking 
‘‘33,000’’ 
and 
inserting 
‘‘16,500’’. 
SEC. 3. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT 
VIOLATIONS OR CRIME. 
(a) PROTECTION FOR VICTIMS OF LABOR AND EM-
PLOYMENT VIOLATIONS.—Section 101(a)(15)(U) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(U)) is amended— 
(1) in clause (i)— 
(A) by striking subclause (I) and inserting 
the following: 
‘‘(I) the alien— 
‘‘(aa) has suffered substantial 
physical, emotional, or mental abuse 
or harm as a result of having been a 
victim of criminal activity described in 
clause (iii); 
‘‘(bb) has suffered substantial 
physical, emotional, or mental abuse 
or harm related to a violation de-
scribed in clause (iv); 
‘‘(cc) is a victim of criminal ac-
tivity described in clause (iii) and 
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would suffer extreme hardship upon 
removal; or 
‘‘(dd) has suffered a violation de-
scribed in clause (iv) and would suffer 
extreme hardship upon removal;’’; 
(B) in subclause (II), by inserting ‘‘, or a 
labor or employment violation resulting in a 
workplace claim described in clause (iv)’’ before 
the semicolon at the end; 
(C) in subclause (III)— 
(i) by striking ‘‘or State judge, to the 
Service’’ and inserting ‘‘, State, or local 
judge, to the Department of Homeland Se-
curity, to the Equal Employment Oppor-
tunity Commission, to the Department of 
Labor (including the Occupational Safety 
and Health Administration), to the Na-
tional Labor Relations Board, to the head 
official of a State or local government de-
partment of labor, workforce commission, 
or human relations commission or coun-
cil’’; 
(ii) by striking ‘‘investigating or pros-
ecuting’’ 
and 
inserting 
‘‘investigating, 
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prosecuting, or seeking civil remedies for’’; 
and 
(iii) by inserting ‘‘, or investigating, 
prosecuting, or seeking civil remedies for a 
labor or employment violation related to a 
workplace claim described in clause (iv)’’ 
before the semicolon at the end; and 
(D) in subclause (IV)— 
(i) by inserting ‘‘(aa)’’ after ‘‘(IV)’’; 
(ii) by inserting ‘‘or’’ after the semi-
colon at the end; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(bb) a workplace claim described in clause (iv) 
resulting from a labor or employment violation;’’; 
(2) in clause (ii)(II), by striking ‘‘and’’ at the 
end; 
(3) in clause (iii), by striking ‘‘or’’ at the end 
and inserting ‘‘and’’; and 
(4) by adding at the end the following: 
‘‘(iv) in the labor or employment violation 
related to a workplace claim, the alien has filed, 
is a material witness in, or is likely to be help-
ful in the investigation of, a bona fide work-
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place 
claim 
(as 
defined 
in 
section 
274A(e)(10)(B)(iii)(II)); or’’. 
(b) TEMPORARY PROTECTION FOR INJURED WORK-
ERS AND VICTIMS OF CRIME, LABOR, AND EMPLOYMENT 
VIOLATIONS.—Notwithstanding any other provision of 
law, the Secretary of Homeland Security may permit an 
alien to temporarily remain in the United States, shall not 
remove the alien from the United States during the per-
mitted period, and shall provide the alien with the alien 
employment authorization, if the Secretary determines 
that the alien— 
(1) 
has 
filed 
for 
relief 
under 
section 
101(a)(15)(U) of the Immigration and Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(U)) 
or 
section 
101(a)(15)(T) 
of 
such 
Act 
(8 
U.S.C. 
1101(a)(15)(T)); 
(2)(A) has filed, or is a material witness to, a 
bona fide workplace claim (as defined in section 
274A(e)(10)(B)(iii)(II) of such Act, as added by sec-
tion 3(b) of this Act) or has filed, or is a material 
witness to, a civil claim arising from criminal activ-
ity (as defined in section 274A(e)(10)(B)(iii)(III) of 
such Act); and 
(B) has been helpful, is being helpful, or is like-
ly to be helpful to— 
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(i) a Federal, State, or local law enforce-
ment official; 
(ii) a Federal, State, or local prosecutor; 
(iii) a Federal, State, or local judge; 
(iv) the Department of Homeland Security; 
(v) the Equal Employment Opportunity 
Commission; 
(vi) the Department of Labor, including 
the Occupational Safety and Health Adminis-
tration; 
(vii) the National Labor Relations Board; 
(viii) the head official of a State or local 
government department of labor, workforce 
commission, or human relations commission or 
council; or 
(ix) other Federal, State, or local authori-
ties; or 
(3) has filed a workers’ compensation claim or 
is undergoing treatment for a workplace injury or 
illness. 
(c) REQUIREMENTS APPLICABLE TO U VISAS.—Sec-
tion 214(p) of the Immigration and Nationality Act (8 
U.S.C. 1184(p)) is amended— 
(1) in paragraph (1), by inserting ‘‘or inves-
tigating, prosecuting, or seeking civil remedies for 
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workplace 
claims 
described 
in 
section 
101(a)(15)(U)(iv)’’ 
after 
‘‘section 
101(a)(15)(U)(iii)’’ each place such term appears; 
(2) by striking paragraph (2); and 
(3) in paragraph (6)— 
(A) by inserting ‘‘or workplace claims de-
scribed in section 101(a)(15)(U)(iv)’’ after ‘‘de-
scribed in section 101(a)(15)(U)(iii)’’; and 
(B) by inserting ‘‘or workplace claim’’ 
after ‘‘prosecution of such criminal activity’’. 
(d) ADJUSTMENT
OF STATUS
FOR VICTIMS
OF 
CRIMES.—Section 245(m)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1255(m)(1)) is amended by insert-
ing ‘‘or an investigation or prosecution regarding a work-
place claim’’ after ‘‘prosecution’’. 
(e) ADJUSTMENT OF STATUS AND FEES.—Section 
245(l)(7) of the Immigration and Nationality Act (8 
U.S.C. 1255(l)(7)) is amended by striking ‘‘permit aliens 
to apply for a waiver of’’ and inserting ‘‘not require the 
payment of any’’. 
(f) CHANGE OF NONIMMIGRANT CLASSIFICATION.— 
Section 384(a)(1) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 
1367(a)(1)) is amended— 
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(1) in subparagraph (E), by striking ‘‘physical 
or mental abuse and the criminal activity’’ and in-
serting ‘‘abuse and the criminal activity or work-
place claim’’; 
(2) in subparagraph (F), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after subparagraph (F) the fol-
lowing: 
‘‘(G) the alien’s employer,’’. 
(g) CONFIDENTIALITY
OF INFORMATION.—Section 
384(b)(2) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1367(b)(2)) 
is amended by adding at the end the following: 
‘‘However, neither the Secretary of Homeland Secu-
rity nor the Attorney General may use the informa-
tion furnished pursuant to any application under 
section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27), 
101(a)(51), 106, 240A(b)(2), or 244(a) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(T); 
1101(a)(15)(U); 
1101(a)(27); 
1101(a)(51); 1105a; 1229b(b)(2); 1254a(a)), or sec-
tion 107(b)(1)(E)(i)(II)(bb) of the Victims of Traf-
ficking and Violence Protection Act of 2000 (22 
U.S.C. 7105(b)(1)(E)(i)(II)(bb)), for purposes of 
initiating or carrying out a removal proceeding.’’. 
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SEC. 4. WHISTLEBLOWER PROTECTIONS. 
Section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)) is amended by adding at the end 
the following: 
‘‘(15) WHISTLEBLOWER PROTECTIONS.— 
‘‘(A) PROHIBITIONS.—A person may not 
discharge, demote, suspend, threaten, harass, 
decline to hire, or in any other manner discrimi-
nate against a worker in the terms and condi-
tions of employment because such worker— 
‘‘(i) has filed or has information about 
a potential complaint, instituted or caused 
to be instituted any proceeding, testified, 
assisted, or will testify, or cooperated or 
seeks to cooperate, in an investigation or 
other proceeding concerning compliance 
with the requirements under this title or 
any rule or regulation pertaining to this 
title or any workplace claim; 
‘‘(ii) has disclosed information to any 
other person or entity, that the worker rea-
sonably believes evidences a violation of 
this title or any rule or regulation per-
taining to this title, or grounds for any 
workplace claim; 
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‘‘(iii) has assisted or participated, or 
has information that may assist, in any 
manner in a proceeding or in any other ac-
tion to carry out the purposes of this title 
or any workplace claim; 
‘‘(iv) has furnished information to the 
Department of Labor, the Department of 
Homeland Security, the Department of 
Justice, the Equal Employment Oppor-
tunity Commission, the National Labor 
Relations Board, or any Federal, State, or 
local regulatory or law enforcement agency 
relating to a violation of this title or any 
workplace claim, or has such information 
to furnish to the relevant agency; or 
‘‘(v) has objected to, or refused to 
participate in, any activity, policy, practice, 
or assigned task that the worker (or other 
such individual) reasonably believed to be 
in violation of any provision of this Act or 
any other Act, or any order, rule, regula-
tion, standard, or ban under any Act. 
‘‘(B) ENFORCEMENT.— 
‘‘(i) IN GENERAL.—A worker who be-
lieves that he or she has suffered a viola-
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‘‘(III) APPLICABLE LAW.—A re-
view under this subparagraph shall 
conform to the provisions set forth in 
chapter 7 of title 5, United States 
Code. 
‘‘(IV) STAY OF ORDER.—Unless 
ordered by the court, the commence-
ment of proceedings under this sub-
paragraph shall not operate as a stay 
of the order by the Secretary of 
Labor. 
‘‘(C) EDUCATION.—Each person, entity, 
and institution covered by this Act shall— 
‘‘(i) prominently communicate to all 
sectors and ranks of its labor force the 
rights and responsibilities under this Act; 
and 
‘‘(ii) provide associated education and 
training to all sectors and ranks of its 
labor force through notifications, postings, 
mailings, and training classes, supple-
mented with publicly accessible online ma-
terials on the requirements of, and devel-
opments that would affect the implementa-
tion of this Act. 
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‘‘(D) NO LIMITATION ON RIGHTS.—Noth-
ing in this paragraph may be construed to di-
minish the rights, privileges, or remedies of any 
worker under any Federal or State law, equity, 
or under any collective bargaining agreement. 
The rights and remedies set forth in this para-
graph may not be waived by any agreement, 
policy, form, or condition of employment. 
‘‘(E) DEFINITIONS.—In this paragraph: 
‘‘(i) DISCLOSE.—The term ‘disclose’ 
means to make a formal or informal com-
munication or transmission. 
‘‘(ii) H–2B WORKER.—The term ‘H– 
2B worker’ means a nonimmigrant author-
ized or previously authorized to work in 
the United States pursuant to section 
101(a)(15)(H)(ii)(B). 
‘‘(iii) MATERIAL WITNESS.—The term 
‘material witness’ means an individual who 
presents a declaration from an attorney in-
vestigating, prosecuting, or defending the 
workplace claim or from the presiding offi-
cer overseeing the workplace claim attest-
ing that, to the best of the declarant’s 
knowledge and belief, reasonable cause ex-
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ists to believe that the testimony of the in-
dividual will be relevant to the outcome of 
the workplace claim. 
‘‘(iv) PERSON.—The term ‘person’ 
means any individual, partnership, associa-
tion, joint stock company, trust, coopera-
tive, or corporation. 
‘‘(v) STATE.—The term ‘State’ means 
any of the States of the United States, the 
District of Columbia, the United States 
Virgin Islands, the Commonwealth of 
Puerto Rico, and Guam. 
‘‘(vi) WORKER.—The term ‘worker’ 
means an individual who is, has been, or is 
seeking to be employed or otherwise per-
form work for pay, regardless of immigra-
tion status. 
‘‘(vii) WORKPLACE CLAIM.—The term 
‘workplace claim’ means any written or 
oral claim, charge, complaint, or grievance 
filed with, communicated to, or submitted 
to the employer, a Federal, State, or local 
agency or court, or an employee represent-
ative related to workplace injury or illness 
or to the violation of applicable Federal, 
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State, and local labor laws or labor agree-
ments, including laws concerning wages 
and hours, labor relations, family and med-
ical leave, occupational health and safety, 
civil rights, nondiscrimination, or other 
terms and conditions of employment.’’. 
SEC. 5. INVESTIGATION AUTHORITY OF THE SECRETARY 
OF LABOR. 
Section 503.7 of title 29, Code of Federal Regula-
tions (as in effect on the date of enactment of this Act), 
shall have the full force and effect of law, except that any 
authority delegated to the Administrator of the Wage and 
Hour Division of the Department of Labor shall be 
deemed to be delegated to the Secretary of Labor. 
SEC. 6. LABOR ENFORCEMENT ACTIONS. 
(a) REMOVAL PROCEEDINGS.—Section 239(e) of the 
Immigration and Nationality Act (8 U.S.C. 1229(e)) is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘In cases where’’ and in-
serting ‘‘If’’; and 
(B) by inserting ‘‘or as a result of informa-
tion provided to the Department of Homeland 
Security in retaliation against individuals for 
exercising or attempting to exercise their em-
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ployment rights or other legal rights’’ after 
‘‘paragraph (2)’’; and 
(2) in paragraph (2), by adding at the end the 
following: 
‘‘(C) At a facility about which a workplace 
claim has been filed or is contemporaneously 
filed.’’. 
(b) UNLAWFUL EMPLOYMENT OF ALIENS.—Section 
274A(e) of the Immigration and Nationality Act (8 U.S.C. 
1324a(e)) is amended by adding at the end the following: 
‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 
‘‘(A) ENFORCEMENT ACTION.—If the Sec-
retary of Homeland Security undertakes an en-
forcement action at a facility about which a 
workplace claim has been filed or is contem-
poraneously filed, or as a result of information 
provided to the Department of Homeland Secu-
rity in retaliation against employees for exer-
cising their rights related to a workplace claim, 
the Secretary shall ensure that— 
‘‘(i) any aliens arrested or detained 
who are victims of or material witnesses to 
workplace claim violations or criminal ac-
tivity (as described in subparagraph (T) or 
(U) of section 101(a)(15)) are not removed 
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from the United States until after the Sec-
retary— 
‘‘(I) 
notifies 
the 
appropriate 
agency with jurisdiction over such vio-
lations or criminal activity; and 
‘‘(II) provides such agency with 
the opportunity to interview such 
aliens; and 
‘‘(ii) no aliens entitled to a stay of re-
moval or abeyance of removal proceedings 
under this section are removed. 
‘‘(B) PROTECTIONS
FOR
VICTIMS
OF 
CRIME, 
LABOR, 
AND
EMPLOYMENT
VIOLA-
TIONS.— 
‘‘(i) STAY OF REMOVAL OR ABEYANCE 
OF
REMOVAL
PROCEEDINGS.—An alien 
against whom removal proceedings have 
been initiated under chapter 4 of title II, 
who has filed a workplace claim, who is a 
material witness in any pending or antici-
pated proceeding involving a bona fide 
workplace claim or civil claim arising from 
criminal activity, or who has filed for relief 
under section 101(a)(15)(U), shall be enti-
tled to a stay of removal or an abeyance of 
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removal proceedings and to employment 
authorization until the resolution of the 
workplace claim or the denial of relief 
under section 101(a)(15)(U) after exhaus-
tion of administrative or judicial appeals, 
whichever is later. 
‘‘(ii) DURATION.—Any stay of re-
moval or abeyance of removal proceedings 
and employment authorization issued pur-
suant to clause (i) shall remain valid until 
the resolution of the workplace claim or 
the 
denial 
of 
relief 
under 
section 
101(a)(15)(U) after the exhaustion of ad-
ministrative or judicial appeals, and shall 
be extended by the Secretary of Homeland 
Security for a period of not longer than 10 
additional years upon determining that— 
‘‘(I) such relief would enable the 
alien asserting a workplace claim or 
civil claim arising from criminal activ-
ity, or assisting in investigation or 
prosecution of criminal activity, to 
pursue the matter to resolution, ac-
cording to any agency administering 
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any statute underlying these claims or 
any other credible evidence; 
‘‘(II) the deterrent goals of any 
statute underlying a workplace claim, 
criminal activity, or civil claim arising 
from 
criminal 
activity 
would 
be 
served, according to any agency ad-
ministering such a statute or any 
other credible evidence; or 
‘‘(III) such extension would oth-
erwise further the interests of justice. 
‘‘(iii) DEFINITIONS.—In this para-
graph: 
‘‘(I) MATERIAL
WITNESS.—Not-
withstanding any other provision of 
law, the term ‘material witness’ means 
an individual who presents a declara-
tion from an attorney investigating, 
prosecuting, or defending the claim or 
from the presiding officer overseeing 
the claim attesting that, to the best of 
the declarant’s knowledge and belief, 
reasonable cause exists to believe that 
the testimony of the individual will be 
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relevant to the outcome of the work-
place claim. 
‘‘(II) WORKPLACE
CLAIM.—The 
term ‘workplace claim’ means any 
written or oral claim, charge, com-
plaint, or grievance filed with, commu-
nicated to, or submitted to the em-
ployer, a Federal, State, or local agen-
cy or court, or an employee represent-
ative related to the workplace injury 
or illness or to the violation of appli-
cable Federal, State, and local labor 
laws, including laws concerning wages 
and hours, labor relations, family and 
medical leave, occupational health and 
safety, civil rights, or nondiscrimina-
tion. 
‘‘(III) 
CIVIL
CLAIM
ARISING 
FROM CRIMINAL ACTIVITY.—The term 
‘civil claim arising from criminal ac-
tivity’ means any written or oral 
claim, charge, complaint, or grievance 
filed with, communicated to, or sub-
mitted to a Federal, State, or local 
agency or court related to the viola-
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tion of applicable Federal, State, and 
local laws arising from criminal activ-
ity 
described 
in 
section 
101(a)(15)(U)(iii).’’. 
(c) CONTINUED APPLICATION OF WORKFORCE AND 
LABOR PROTECTION REMEDIES.—Section 274A(e) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(e)), as 
amended by subsection (b), is further amended by adding 
at the end the following: 
‘‘(11) RIGHTS, REMEDIES, AND RELIEF.—Not-
withstanding an employee’s status as an unauthor-
ized noncitizen during the time of relevant employ-
ment or during the back pay period or the failure of 
the employer or employee to comply with the re-
quirements under this section or with any other pro-
vision of Federal law relating to the unlawful em-
ployment of noncitizens— 
‘‘(A) all rights, remedies, and relief pro-
vided under any Federal, State, or local law re-
lating to workplace rights, including reinstate-
ment and back pay, are available to such em-
ployee; and 
‘‘(B) a court may not prohibit such an em-
ployee from pursuing other causes of action giv-
ing rise to liability in a civil action.’’. 
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SEC. 7. H–2B WORKER GRANTS. 
(a) TECHNICAL TRAINING GRANTS.— 
(1) IN
GENERAL.—Not later than 3 months 
after the date of enactment of this Act, and annually 
thereafter, the Secretary of Homeland Security shall 
award funds to qualified nonprofit, nongovernmental 
organizations and labor organizations to assist H– 
2B workers with applications for adjustment of sta-
tus. 
(2) APPLICATION.—To be eligible to receive a 
grant under this subsection, a labor organization or 
qualified nonprofit, nongovernmental organization 
shall submit to the Secretary of Homeland Security 
an application at such time, in such manner, and 
containing such information as the Secretary may 
require. 
(3) USE OF FUNDS.—Funds received pursuant 
to this subsection shall only be used to assist H–2B 
workers with applications for adjustment of status. 
(b) KNOW YOUR RIGHTS GRANTS.— 
(1) IN GENERAL.—Not later than a year after 
the date of enactment of this Act, and each year 
thereafter, the Secretary of Labor shall award 3- 
year grants to qualified nonprofit, nongovernmental 
organizations and labor organizations to— 
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(A) train H–2B workers on their rights be-
fore such workers begin employment; and 
(B) conduct surveys after such employ-
ment ends to document treatment and condi-
tions of such workers. 
(2) APPLICATION.—To be eligible to receive a 
grant under this subsection, a labor organization or 
qualified nonprofit, nongovernmental organization 
shall submit to the Secretary of Labor an applica-
tion at such time, in such manner, and containing 
such information as the Secretary may require. 
(3) USE OF FUNDS.—Funds received pursuant 
to this subsection shall only be used to provide infor-
mation to H–2B workers with respect to the rights 
of such workers. 
SEC. 8. ADJUSTMENT OF STATUS FOR LONG-TERM H–2B 
WORKERS. 
(a) REQUIREMENTS
FOR ADJUSTMENT
OF STA-
TUS.—The Secretary of Homeland Security shall adjust 
the status of an alien from that of an alien admitted pur-
suant to section 101(a)(15)(H)(ii)(B) to that of a lawful 
permanent resident if the alien submits a completed appli-
cation, including such processing fees as the Secretary of 
Homeland Security may require, and the Secretary of 
Homeland Security determines that— 
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(1) the applicant has completed not less than 
18 months of employment as an H–2B worker with-
in a 10-year period; 
(2) the applicant has not become ineligible for 
H–2B worker status under section 218A of the Im-
migration and Nationality Act, as added by this Act; 
and 
(3) the applicant meets the requirements set 
forth by the Secretary of Labor and the Secretary 
of Homeland Security, except that the applicant may 
not be required to acquire a permanent labor certifi-
cation from the Secretary of Labor under section 
212(a)(5)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(5)(A)). 
(b) DEPENDENT ALIENS.—The spouse and each 
child of an alien described in paragraph (1) whose status 
has been adjusted to that of a lawful permanent resident 
may be granted lawful permanent residence and shall be 
exempt from the numerical limitations. 
(c) NUMERICAL LIMITATION.—Not later than 6 
months after the date of enactment of this Act, the world-
wide level of immigrants admitted under this section shall 
not exceed 40,040 for each fiscal year, and may not equal 
less than one-third of the H–2B visas issued each fiscal 
year, unless an insufficient number of applications for ad-
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justment to lawful permanent status have been filed under 
this section. 
(d) EFFECT OF PENDING APPLICATION.—During the 
period beginning on the date on which an alien applies 
for adjustment of status under this subtitle, and ending 
on the date on which the Secretary of Homeland Security 
makes a final administrative decision regarding such ap-
plication, the alien and any dependents included on the 
application— 
(1) may apply for advance parole, which shall 
be granted upon demonstrating a legitimate need to 
travel outside the United States for a temporary 
purpose; 
(2) may not be detained by the Secretary of 
Homeland Security or removed from the United 
States unless the USCIS makes a prima facie deter-
mination that such alien is, or has become, ineligible 
for adjustment of status under subsection (a); 
(3) may not be considered unlawfully present 
under section 212(a)(9)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(9)(B)); and 
(4) may not be considered an unauthorized 
alien (as defined in section 274A(h)(3) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(h)(3))). 
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(e) RETROACTIVE ELIGIBILITY AND NUMERICAL EX-
EMPTION.—Any nonimmigrant who has accrued 36 
months of H–2B employment over the 10 years prior to 
the date of enactment of this Act shall be eligible to sub-
mit within 2 years after such date an application for ad-
justment of status to that of a lawful permanent resident, 
and such adjustment shall be exempt from all employ-
ment-based numerical and per-country limits. 
(f) CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Section 101(a)(15)(H)(ii)(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(b)) 
is 
amended 
by 
striking 
‘‘which he has no intention of abandoning’’. 
(2) NO EVIDENCE.—Section 214(h) of the Im-
migration and Nationality Act (8 U.S.C. 1184(h)) is 
amended 
by 
inserting 
‘‘or 
(H)(ii)(b)’’ 
after 
‘‘(H)(i)(b)’’. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for fiscal 
year 2022 and each fiscal year thereafter such sums as 
may be necessary for the purposes of carrying out this 
Act and the amendments made by this Act, including— 
(1) recruiting United States workers for labor 
or services which might otherwise be performed by 
H–2B workers, including by ensuring that State 
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workforce agencies are sufficiently funded to fulfill 
their functions under the H–2B program; 
(2) enabling the Secretary of Labor to issue rel-
evant grants, make determinations and certifications 
under the H–2B program in accordance with this 
Act and the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.), including the operation of the 
publicly accessible online job registry and database 
of job orders described in section 5(b) of this Act; 
(3) processing visas for workers engaged in 
labor disputes and for victims of workplace and 
other crimes; and 
(4) monitoring the terms and conditions under 
which H–2B workers (and United States workers 
employed by the same employers) are employed in 
the United States. 
SEC. 10. RULEMAKING. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Labor and the Secretary of 
Homeland Security shall make rules to carry out this Act 
and the amendments made by this Act. 
Æ 
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