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. 
(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 
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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 
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 
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of the H–2B program and other employment-related laws 
and regulations. 
SEC. 7. 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 
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); 
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(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 
(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), 
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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 
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 
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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. 
SEC. 8. 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. 
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(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. 
(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 
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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. 9. DEFINITIONS. 
For purposes of this Act: 
(1) The term ‘‘H–2B’’, when used with respect 
to a worker or other individual, refers an alien ad-
mitted or provided status as a nonimmigrant de-
scribed in section 101(a)(15)H)(ii)(b) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(b)). Such term, when used with 
respect to a petition, procedure, process, program, or 
visa, refers to a petition, procedure, process, pro-
gram, or visa related to admission or provision of 
status under such section. 
(2) The term ‘‘job order’’ means the document 
containing the material terms and conditions of em-
ployment, including obligations and assurances re-
quired under this Act or any other law. 
(3) The term ‘‘United States worker’’ means 
any employee who is— 
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(A) a national of the United States (as de-
fined in section 101(a)(22) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(22))); or 
(B) an alien lawfully admitted for perma-
nent residence, is admitted as a refugee under 
section 207 of such Act (8 U.S.C. 1157), is 
granted asylum under section 208 of such Act 
(8 U.S.C. 1158), or is an immigrant otherwise 
authorized by the immigration laws (as defined 
in section 101(a)(17) of such Act (8 U.S.C. 
1101(a)(17))) or the Secretary of Homeland 
Security to be employed. 
Æ 
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