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 the same 
terms 
and 
conditions 
of 
employment 
whether the workers hired to fill posted po-
sitions are recruited domestically or from 
abroad. 
‘‘(B) PENALTY.—The National Labor Re-
lations Board shall, within 2 weeks of employer 
registration, review relevant records to verify 
employer compliance with this paragraph over 
the previous 5-year period. An employer who 
has failed to comply shall be subject to a 2-year 
suspension from the H–2B program and the 
use of the recruitment platform. 
‘‘(2) POSTING.— 
‘‘(A) IN
GENERAL.—The employer shall 
post job orders on the recruitment platform for 
60 days before applying for an H–2B labor cer-
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tification. Any United States applicant who ap-
plies 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 hired. 
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: 
‘‘(i) In the case of any employer 
whose workforce is comprised of a signifi-
cant portion of workers who are not lit-
erate in English, such employer shall pro-
vide the job order posting in a language in 
which the employees are literate. 
‘‘(ii) The Secretary of Labor shall 
post all job orders prepared by employers 
in English, Spanish, and such other lan-
guage as the Secretary may determine nec-
essary on their website. 
‘‘(C) FORMAT.—Each job order shall be 
posted in a standard format, developed by the 
Secretary of Labor, which shall include such 
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terms and conditions of employment as the Sec-
retary may require, including— 
‘‘(i) the States and locations in which 
workers will be employed and information 
that is searchable and shareable in an elec-
tronic format; 
‘‘(ii) wages, hours, working conditions, 
worksite, and other benefits of employment 
that the Secretary of Labor, in consulta-
tion with State Workforce Agencies, deter-
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 applicants or groups of applicants put for-
ward by United States labor organizations and orga-
nizations advocating for workers in relevant indus-
tries that have qualified members available for post-
ed job orders. The employer shall recognize the 
union training credentials of members of United 
States labor unions who come from abroad and such 
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members shall be eligible for H–2B visas that are 
exempt from annual numerical limitations. 
‘‘(4) WORKER QUALIFICATIONS.— 
‘‘(A) IN
GENERAL.—The employer shall 
hire workers who meet the minimum qualifica-
tions for a position, and shall not impose un-
necessary experience or educational require-
ments of applicants, and shall not require 
criminal background 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. 
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‘‘(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: 
‘‘(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. 
‘‘(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, whether or 
not the housing is employer provided. 
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‘‘(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-
tation to a temporary nonagricultural 
worker, an employer may reimburse a such 
worker for transportation if such reim-
bursement is made not later than 5 busi-
ness days after receipt of written docu-
mentation of the worker’s transportation 
costs. 
‘‘(B) HOUSING.— 
‘‘(i) OBLIGATION TO PROVIDE HOUS-
ING.—The employer shall provide housing 
at no cost to temporary nonagricultural 
workers who seek such housing and H–2B 
workers. Housing shall meet the following 
criteria: 
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‘‘(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 
any records documenting that the em-
ployer-provided housing is compliant 
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. 
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‘‘(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 they are respon-
sible and which is not the result 
of normal wear and tear related 
to habitation. 
‘‘(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 
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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 employ-
ment. The employer shall issue pay statements in 
both a paper and electronic format to workers that 
clearly enumerate wage rates, hours, and all deduc-
tions and identify the legal name, business 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-
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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 
‘‘(B) at the time of recruitment and upon 
hire, provide H–2B workers with a written no-
tice, in a language that the worker understands, 
that identifies the job classification, describes 
duties, compensation, hours, all relevant terms 
of employment, housing, and transportation and 
information on applicable labor and employment 
rights, including the right to form or join a 
labor organization under the National Labor 
Relations Act. 
‘‘(11) SUPPLY
CHAIN
DISCLOSURE
AND
RE-
QUIREMENTS.— 
‘‘(A) IN
GENERAL.—The employer shall 
disclose the entire recruitment supply chain, in-
cluding any recruiters or foreign or domestic 
labor contractors and subagent local recruiters 
involved in securing workers for job postings 
and any funding sources for the work to be pro-
vided, including both public and private con-
tracts. 
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‘‘(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 involved in or act-
ing on behalf of the employer in securing work-
ers for job postings. 
‘‘(C) WRITTEN VERIFICATIONS.—The em-
ployer shall obtain and submit to the Secretary 
of Labor written certifications that any and all 
recruiters or foreign or domestic labor contrac-
tors in the supply chain 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 to 
any applicant or job seeker, including in 
the form of loans, deductions, or kick-
backs; and 
‘‘(iv) not engage in forms of retalia-
tion, including blacklisting. 
‘‘(f) PUBLISHED ATTESTATIONS.—Employer attesta-
tions and data disclosures made pursuant to this section 
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shall be made publicly available on the national job search 
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 using the wage component of 
the Bureau of Labor Statistics Occupa-
tional 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 or wage sur-
veys conducted by State or local public agencies or 
private entities to establish the mean wage for an oc-
cupation under paragraph (1)(A)(i). 
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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 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 
retaliation; 
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‘‘(F) whether the employer has committed 
or is being investigated for any other violations 
of labor and employment law; 
‘‘(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. 
‘‘(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— 
‘‘(i) the initiation of civil or criminal 
proceedings where appropriate; 
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‘‘(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. 
‘‘(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 all H–2B pe-
titions subject to the annual numerical limit. Any 
unused H–2B petition numbers shall roll over to the 
following quarter in the same fiscal year, but shall 
not roll over to the following fiscal year. 
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‘‘(3) CAP PER EMPLOYER.—An employer may 
not employ more than 100 H–2B workers, including 
any workers hired by a subcontractor of the em-
ployer, 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) PRIORITY.—In a case in which demand for 
visas exceeds supply in any given quarter, the Sec-
retary 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 
data or collectively bargained wages or Davis 
Bacon wages; 
‘‘(B) are seeking to employ H–2B workers 
on worksites located in States with exception-
ally low unemployment rates; 
‘‘(C) are hiring returning workers pre-
viously employed in H–2B nonimmigrant status 
or workers from underrepresented groups 
(based on gender, country of origin, or occupa-
tion); or 
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‘‘(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. 
‘‘(j) LIMITATION ON ASSIGNMENT.—Employers shall 
not assign H–2B workers to a worksite other than the 
worksite stipulated on an employer’s original job order 
without obtaining the workers’ consent and a new labor 
certification. 
‘‘(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 
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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 suspension from employing non-
immigrants or using the recruitment platform. 
‘‘(2) FAIR PAY AND SAFE WORKPLACE.— 
‘‘(A) IN GENERAL.—In the case that a reg-
istered employer is found to have violated the 
terms of this section, 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 suspension 
from employing nonimmigrants or using the re-
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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 on findings of a Federal, State, or 
local agency or court that an employer has vio-
lated 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 
section at any time, including a misdemeanor or 
felony violation, shall be subject to immediate 
suspension. 
‘‘(B) RELIANCE.—In making a determina-
tion under subparagraph (A), the Secretary of 
Labor or the Secretary of Homeland Security 
may rely on findings of a Federal, State, or 
local agency or court that an employer has vio-
lated Federal, State, or local employment laws. 
‘‘(4) JOINT AND SEVERAL LIABILITY.—Employ-
ers shall be jointly and severally liable for the ac-
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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. 
‘‘(5) 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 right of action accrues. 
‘‘(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 
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 
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claims. A waiver of any right created under this law 
shall be void and unenforceable. 
‘‘(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. 
‘‘(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 who violates any H–2B regulation, re-
quirement, or other labor or employment law, or who re-
taliates 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-
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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.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security, in consultation with the Secretary of State, 
shall— 
‘‘(A) on the date of enactment of this sec-
tion, designate all countries as eligible for H– 
2B recruitment; 
‘‘(B) formulate and publish clear criteria 
for temporarily designating countries as ineli-
gible after the date of enactment of this section; 
and 
‘‘(C) disclose reasons and evidence for tem-
porarily designating a country as ineligible after 
the date of enactment of this section. 
‘‘(2) JUDICIAL REVIEW.—The temporary des-
ignation of a country as ineligible for H–2B recruit-
ment shall be subject to judicial review. 
‘‘(q) VISA FOR ACCEPTED POSITION.— 
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‘‘(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 H–2B 
employer. An H–2B worker who notifies the Depart-
ment of Labor of intent to change employers shall 
receive a 60-day grace period in which to secure a 
new position. 
‘‘(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-
tion have been approved, as a condition of employ-
ment of a temporary nonagricultural worker. 
‘‘(4) UNEMPLOYMENT PERIOD.—An alien with 
H–2B worker status may not be unemployed for 
more than a 60-day period, during which time the 
worker 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 
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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, shall be 
eligible for parole for a period of not less than 2 years 
in order to return to the United States to seek legal re-
dress. 
‘‘(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 
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. 
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‘‘(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). 
‘‘(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, and where the living quarters 
are located. 
‘‘(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. 
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after ‘‘section 101(a)(15)(U)(iii)’’ each place 
such term appears; 
(B) by striking ‘‘The petition’’ and insert-
ing the following: 
‘‘(A) IN GENERAL.—The petition’’; and 
(C) by adding at the end the following: 
‘‘(B) FEES.—An alien petitioning for, or 
having status under, section 101(a)(15)(U) 
shall not be required to submit any fee (or re-
quest any fee waiver) in connection with such 
petition or status, including fees associated with 
biometric services, or an application for advance 
permission to enter as a nonimmigrant. 
‘‘(C) 
CONFIDENTIALITY
OF
INFORMA-
TION.—Neither the Secretary of Homeland Se-
curity, nor the Attorney General, may use the 
information furnished pursuant to a petition for 
status under section 101(a)(15)(U) for pur-
poses of initiating or carrying out a removal 
proceeding.’’; 
(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 
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(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) 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— 
(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,’’. 
SEC. 4. WHISTLEBLOWER PROTECTIONS. 
(a) IN GENERAL.—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.— 
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