tivity related to the H–2B petition process, including pay-
ment of the employer’s attorneys’ fees, application fees, 
or recruitment costs. An employer and its agents may re-
ceive reimbursement for costs that are the responsibility, 
and primarily for the benefit, of the worker, such as gov-
ernment-required passport fees. 
(c) THIRD PARTY CONTRACTS.—The employer shall 
contractually forbid any foreign labor contractor or re-
cruiter (or any agent of a foreign labor contractor or re-
cruiter) who the employer engages, either directly or indi-
rectly, in the recruitment of H–2B workers to seek or re-
ceive payments or other compensation from prospective 
employees. Upon learning that a foreign labor contractor 
or recruiter has collected such payments, the employer 
shall terminate any contracts with the foreign labor con-
tractor or recruiter. 
SEC. 8. PROGRAM INTEGRITY MEASURES. 
(a) ENFORCEMENT AUTHORITY.—With respect to 
the H–2B program, the Secretary of Labor is authorized 
to take such actions against employers, including imposing 
appropriate penalties and seeking monetary and injunctive 
relief and specific performance of contractual obligations, 
as may be necessary to ensure compliance with— 
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(1) the requirements of this Act and the Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.); 
and 
(2) the applicable terms and conditions of em-
ployment. 
(b) COMPLAINT PROCESS.— 
(1) PROCESS.—With respect to the H–2B pro-
gram, the Secretary of Labor shall establish a proc-
ess for the receipt, investigation, and disposition of 
complaints alleging failure of an employer to comply 
with— 
(A) the requirements of this Act and the 
Immigration and Nationality Act (8 U.S.C. 
1101 et seq.); and 
(B) the applicable terms and conditions of 
employment. 
(2) FILING.—Any aggrieved person or organiza-
tion, including a bargaining representative, may file 
a complaint referred to in paragraph (1) not later 
than 2 years after the date of the conduct that is 
the subject of the complaint. 
(3) COMPLAINT NOT EXCLUSIVE.—A complaint 
filed under this subsection is not an exclusive rem-
edy and the filing of such a complaint does not 
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waive any rights or remedies of the aggrieved party 
under this law or other laws. 
(4) DECISION
AND
REMEDIES.—If the Sec-
retary of Labor finds, after notice and opportunity 
for a hearing, that the employer failed to comply 
with the requirements of this Act, the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.), or the 
terms and conditions of employment, the Secretary 
of Labor shall require payment of unpaid wages, un-
paid benefits, damages, and civil money penalties. 
The Secretary is also authorized to impose other ad-
ministrative remedies, including disqualification of 
the employer from utilizing the H–2B program for 
a period of up to 5 years in the event of willful or 
multiple material violations. The Secretary is au-
thorized to permanently disqualify an employer from 
utilizing the H–2B program upon a subsequent find-
ing involving willful or multiple material violations. 
(5) DISPOSITION OF PENALTIES.—To the ex-
tent provided in advance in appropriations Acts, civil 
penalties collected under this subsection shall be 
used by the Secretary of Labor for the administra-
tion and enforcement of the provisions of this sec-
tion. 
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(6) STATUTORY
CONSTRUCTION.—Nothing in 
this subsection may be construed as limiting the au-
thority of the Secretary of Labor to conduct an in-
vestigation in the absence of a complaint. 
(7) RETALIATION PROHIBITED.—It is a viola-
tion of this subsection for any person to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in 
any other manner discriminate against, or to cause 
any person to intimidate, threaten, restrain, coerce, 
blacklist, or in any manner discriminate against, an 
employee, including a former employee or an appli-
cant for employment, because the employee— 
(A) has disclosed information to the em-
ployer, or to any other person, that the em-
ployee reasonably believes evidences a violation 
of the immigration laws relating to the H–2B 
program, or any rule or regulation relating to 
such program; 
(B) has filed a complaint concerning the 
employer’s compliance with the immigration 
laws relating to the H–2B program, or any rule 
or regulation relating to such program; 
(C) cooperates or seeks to cooperate in an 
investigation or other proceeding concerning the 
employer’s compliance with the immigration 
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laws relating to the H–2B program, or any rule 
or regulation relating to such program; or 
(D) has taken steps to exercise or assert 
any right or protection under the provisions of 
this section, or any rule or regulation pertaining 
to this section, or any other relevant Federal, 
State, or local law. 
(c) INTERAGENCY COMMUNICATION.—The Secretary 
of Labor, in consultation with the Secretary of Homeland 
Security, Secretary of State and the Equal Employment 
Opportunity Commission, shall establish mechanisms by 
which the agencies and their components share informa-
tion, including by public electronic means, regarding com-
plaints, studies, investigations, findings and remedies re-
garding compliance by employers with the requirements 
of the H–2B program and other employment-related laws 
and regulations. 
SEC. 9. PROGRAM ELIGIBILITY. 
(a) IN GENERAL.—A petition filed by an employer 
under subsection (c)(1) initially to grant an alien non-
immigrant status under section 101(a)(15)(H)(ii)(b) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(b)), or to extend or change to such sta-
tus, may be approved only for nationals of countries that 
the Secretary of Homeland Security has designated as 
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participating countries, with the concurrence of the Sec-
retary of State, in a notice published in the Federal Reg-
ister, taking into account for each such country factors, 
including— 
(1) the fraud rate relating to petitions under 
section 101(a)(15)(H)(ii) of such Act (8 U.S.C. 
1101(a)(15)(H)(ii)) filed for by nationals of the 
country and visa applications under such section 
filed by nationals of the country; 
(2) the denial rate of visa applications under 
such section 101(a)(15)(H)(ii) filed by nationals of 
the country; 
(3) the overstay rate of nationals of the country 
who were admitted to the United States under such 
section 101(a)(15)(H)(ii); 
(4) the number of nationals of the country who 
were admitted to the United States under such sec-
tion 101(a)(15)(H)(ii) and who were reported by 
their employers to— 
(A) have failed to report to work within 5 
workdays of the employment start date on the 
petition or within 5 workdays of the date on 
which the worker is admitted into the United 
States pursuant to the petition, whichever is 
later; or 
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(B) have not reported for work for a pe-
riod of 5 consecutive workdays without the con-
sent of the employer; 
(5) the number of final and unexecuted orders 
of removal against citizens, subjects, nationals, and 
residents of the country; and 
(6) such other factors as may serve the United 
States interest. 
(b) LIMITATION.—A country may not be included on 
the list described in subsection (a) if the country denies 
or unreasonably delays the repatriation of aliens who are 
subject to a final order of removal and who are citizens, 
subjects, nationals or residents of that country. 
(c) STATISTICS.—The Secretary of Homeland Secu-
rity shall include in the notice described in subsection (a), 
for each country included in the list of participating coun-
tries, the statistics referenced in paragraphs (1) through 
(5) of that subsection, if available, for the immediately 
preceding fiscal year. 
(d) NATIONAL FROM
A COUNTRY NOT
ON
THE 
LIST.—A national from a country not on the list described 
in subsection (a) may be a beneficiary of an approved peti-
tion under such section 101(a)(15)(H)(ii) upon the re-
quest of a petitioner or potential petitioner, if the Sec-
retary of Homeland Security, in his sole and unreviewable 
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discretion, determines that it is in the United States inter-
est for that alien to be a beneficiary of such petition. De-
termination of such a United States interest will take into 
account factors, including but not limited to— 
(1) evidence from the petitioner demonstrating 
that a worker with the required skills is not available 
from among foreign workers from a country cur-
rently on the list described in subsection (a); 
(2) evidence that the beneficiary has been ad-
mitted to the United States previously in status 
under such section 101(a)(15)(H)(ii); 
(3) the potential for abuse, fraud, or other 
harm to the integrity of the visa program under 
such section 101(a)(15)(H)(ii) through the potential 
admission of a beneficiary from a country not cur-
rently on the list; and 
(4) such other factors as may serve the United 
States interest. 
(e) DURATION.—Once published, any designation of 
participating countries pursuant to subsection (a) shall be 
effective for one year after the date of publication in the 
Federal Register and shall be without effect at the end 
of that one-year period. 
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SEC. 10. H–2B EMPLOYER NOTIFICATION REQUIREMENT. 
(a) IN GENERAL.—An employer of one or more H– 
2B workers shall, within three business days, make elec-
tronic notification, in the manner prescribed by the Sec-
retary of Homeland Security, of the following events: 
(1) Such a worker fails to report to work within 
5 workdays of the employment start date on the pe-
tition or within 5 workdays of the date on which the 
worker is admitted into the United States pursuant 
to the petition, whichever is later. 
(2) The labor or services for which such a work-
er was hired is completed more than 30 days earlier 
than the employment end date stated on the peti-
tion. 
(3) The employment of such a worker is termi-
nated prior to the completion of labor or services for 
which he or she was hired. 
(4) Such a worker has not reported for work 
for a period of 5 consecutive workdays without the 
consent of the employer. 
(b) EVIDENCE.—An employer shall retain evidence of 
a notification described in subsection (a) and make it 
available for inspection by officers of the Department of 
Homeland Security for a 1-year period beginning on the 
date of the notification. 
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(c) PENALTY.—The Secretary shall impose civil mon-
etary penalties, in an amount not less than $500 per viola-
tion and not to exceed $1,000 per violation, as the Sec-
retary determines to be appropriate, for each instance 
where the employer cannot demonstrate that it has com-
plied with the notification requirements, unless, in the 
case of an untimely notification, the employer dem-
onstrates with such notification that good cause existed 
for the untimely notification, and the Secretary of Home-
land Security, in the Secretary’s discretion, waives such 
penalty. 
(d) PROCESS.—If the Secretary has determined that 
an employer has violated the notification requirements in 
subsection (a), the employer shall be given written notice 
and 30 days to reply before being given written notice of 
the assessment of the penalty. 
(e) FAILURE TO PAY PENALTY.—If a penalty de-
scribed in subsection (c) is not paid within 10 days of as-
sessment, no nonimmigrant or immigrant petition may be 
processed for that employer, nor may that employer con-
tinue to employ nonimmigrants, until such penalty is paid. 
SEC. 11. 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— 
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(1) recruiting United States workers for labor 
or services which might otherwise be performed by 
H–2B workers, including by ensuring that State 
workforce agencies are sufficiently funded to fulfill 
their functions under the H–2B program; 
(2) enabling the Secretary of Labor to make de-
terminations and certifications under the H–2B pro-
gram in accordance with this Act and the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.), in-
cluding the operation of the publicly-accessible online 
job registry and database of job orders described in 
section 5(b) of this Act; and 
(3) 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. 
Æ 
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