343 
for a hearing, that the employer submitting such 
documents— 
‘‘(A) has, with respect to the attestations 
required under subsection (b)— 
‘‘(i) misrepresented a material fact; 
‘‘(ii) made a fraudulent statement; or 
‘‘(iii) failed to comply with the terms 
of such attestations; or 
‘‘(B) failed to cooperate in the audit proc-
ess in accordance with regulations promulgated 
by the Secretary of Labor. 
‘‘(2) LENGTH OF INELIGIBILITY.—An employer 
described in paragraph (1) shall be ineligible to par-
ticipate in the labor certification programs of the 
Secretary of Labor for not less than the time period 
determined by the Secretary, not to exceed 3 years. 
‘‘(3) EMPLOYERS
IN
HIGH
UNEMPLOYMENT 
AREAS.—The Secretary of Labor may not approve 
any employer’s petition under subsection (b) if the 
work to be performed by the H–2C nonimmigrant is 
not agriculture based and is located in a metropoli-
tan or micropolitan statistical area (as defined by 
the Office of Management and Budget) in which the 
unemployment rate for workers who have not com-
pleted any education beyond a high school diploma 
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344 
during the most recently completed 6-month period 
averaged more than 9.0 percent. 
‘‘(f) REGULATION OF FOREIGN LABOR CONTRAC-
TORS.— 
‘‘(1) COVERAGE.—Notwithstanding any other 
provision of law— 
‘‘(A) an H–2C nonimmigrant is prohibited 
from being treated as an independent con-
tractor; and 
‘‘(B) no person may treat an H–2C non-
immigrant as an independent contractor. 
‘‘(2) APPLICABILITY OF LAWS.—An H–2C non-
immigrant shall not be denied any right or any rem-
edy under Federal, State, or local labor or employ-
ment 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 non-
immigrant worker. 
‘‘(3) TAX RESPONSIBILITIES.—With respect to 
each employed H–2C nonimmigrant, an employer 
shall comply with all applicable Federal, State, and 
local tax and revenue laws. 
‘‘(g) WHISTLEBLOWER PROTECTION.— 
‘‘(1) PROHIBITED ACTIVITIES.—It shall be un-
lawful for an employer or a labor contractor of an 
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H–2C nonimmigrant 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 this Act, the STRIVE 
Act, or any other Federal labor or employment 
law; or 
‘‘(B) cooperates or seeks to cooperate in an 
investigation or other proceeding concerning 
compliance with the requirements of this Act, 
the STRIVE Act, or any other Federal labor or 
employment law. 
‘‘(2) RULEMAKING.—The Secretary of Labor 
and the Secretary of Homeland Security shall jointly 
promulgate regulations that establish a process by 
which a nonimmigrant alien described in section 
101(a)(15)(H) who files a nonfrivolous complaint (as 
defined by the Federal Rules of Civil Rules) regard-
ing a violation of this Act, the STRIVE Act, or any 
other Federal labor or employment law, or any other 
rule or regulation pertaining to such laws and is oth-
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346 
erwise eligible to remain and work in the United 
States may be allowed to seek other appropriate em-
ployment in the United States— 
‘‘(A) for a period not to exceed the max-
imum period of stay authorized for that non-
immigrant classification; or 
‘‘(B) until the conclusion of the pro-
ceedings governing the complaint. 
‘‘(h) 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 
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; 
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347 
‘‘(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— 
‘‘(i) work related injuries and death 
during the period of employment; 
‘‘(ii) the name of the State workers’ 
compensation insurance carrier or the 
name of the policyholder of the private in-
surance; 
‘‘(iii) the name and the telephone 
number of each person who must be noti-
fied of an injury or death; and 
‘‘(iv) the time period within which 
such notice must be given; 
‘‘(J) any education or training to be pro-
vided or required, including— 
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348 
‘‘(i) the nature and cost of such train-
ing; 
‘‘(ii) the entity that will pay such 
costs; and 
‘‘(iii) whether the training is a condi-
tion of employment, continued employ-
ment, or future employment; and 
‘‘(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 materially false or misleading in-
formation 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 Secretary of Labor shall make forms available 
in English, Spanish, and other languages, as nec-
essary, which may be used in providing workers with 
information required under this section. 
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