‘‘(8) RECRUITMENT.—The term ‘recruitment’ 
means advertising, disseminating information, selec-
tion, placement into employment, housing and trans-
port to and from place of permanent residence for 
temporary nonagricultural workers. The term applies 
to both jobseekers and those who are or were em-
ployed. 
‘‘(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, and Guam. 
‘‘(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.’’. 
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(b) NUMERICAL LIMITATION CONFORMING AMEND-
MENTS.—Section 214(g)(10) of the Immigration and Na-
tionality Act is amended— 
(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 amending subclause (I) to read as 
follows: 
‘‘(I) the alien— 
‘‘(aa) has suffered substan-
tial abuse or harm as a result of 
having been a victim of criminal 
activity described in clause (iii); 
‘‘(bb) has suffered substan-
tial abuse or harm related to a 
violation described in clause (iv); 
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‘‘(cc) is a victim of criminal 
activity described in clause (iii) 
and would suffer extreme hard-
ship upon removal; or 
‘‘(dd) has suffered a viola-
tion described 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, to the National Labor Relations 
Board’’; and 
(ii) 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 
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(D) in subclause (IV)— 
(i) by inserting ‘‘(aa)’’ after ‘‘(IV)’’; 
and 
(ii) by adding at the end the fol-
lowing: ‘‘or 
‘‘(bb) a workplace claim described in clause (iv) re-
sulting 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 vio-
lation related to a workplace claim, the 
alien— 
‘‘(I) has filed, is a material wit-
ness in, or is likely to be helpful in the 
investigation of, a bona fide workplace 
claim or other qualifying crime (as de-
fined 
in 
section 
274A(e)(10)(C)(iii)(II)); and 
‘‘(II) reasonably fears, has been 
threatened with, or has been the vic-
tim of, an action involving force, phys-
ical restraint, retaliation, or abuse of 
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the immigration or other legal process 
against the alien or another person by 
the employer in relation to acts under-
lying the workplace claim or related to 
the filing of the workplace claim; 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, and 
grant 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)); 
(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); and 
(B) has been helpful, is being helpful, or is like-
ly to be helpful to— 
(i) a Federal, State, or local law enforce-
ment official; 
(ii) a Federal, State, or local prosecutor; 
(iii) a Federal, State, or local judge; 
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(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 investigating, prosecuting, or seeking civil 
remedies related to the workplace claim; 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)— 
(A) by inserting ‘‘or investigating, pros-
ecuting, or seeking civil remedies for workplace 
claims described in section 101(a)(15)(U)(iv)’’ 
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‘‘(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; 
‘‘(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; 
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‘‘(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-
tion of subparagraph (A) may seek relief 
in accordance with the procedures, notifi-
cations, burdens of proof, remedies, and 
statutes of limitation set forth in section 
1514A of title 18, United States Code. 
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‘‘(ii) APPEALS.— 
‘‘(I) JURISDICTION.—Any person 
adversely affected or aggrieved by an 
order issued under clause (i) may ob-
tain review of the order in the United 
States Court of Appeals for— 
‘‘(aa) the circuit in which 
the violation, with respect to 
which the order was issued, alleg-
edly occurred; or 
‘‘(bb) the circuit in which 
the complainant resided on the 
date of such violation. 
‘‘(II) REVIEW OF PETITION.—A 
petition for review under this subpara-
graph shall be filed not later than 60 
days after the date on which the final 
order was issued by the Secretary of 
Labor. 
‘‘(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. 
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‘‘(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. 
‘‘(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. 
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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-
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-
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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, 
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, 
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civil rights, nondiscrimination, or other 
terms and conditions of employment.’’. 
(b) RULEMAKING.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Labor 
shall make rules to carry out the amendments made under 
subsection (a). 
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 workers for exercising 
their rights related to a workplace claim, the 
Secretary shall ensure that— 
‘‘(i) any aliens arrested or detained 
who are necessary for the investigation or 
prosecution of workplace claim violations 
or criminal activity (as described in sub-
paragraph 
(T) 
or 
(U) 
of 
section 
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101(a)(15)) are not removed from the 
United States until after the Secretary— 
‘‘(I) notifies the appropriate law 
enforcement agency with jurisdiction 
over such violations or criminal activ-
ity; 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 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 appeals, whichever is 
later, unless the Secretary of Homeland 
Security establishes, by a preponderance of 
the evidence in proceedings before the im-
migration judge presiding over that alien’s 
removal hearing, that the workplace claim 
was filed in bad faith with the intent to 
delay or avoid the alien’s removal. 
‘‘(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 appeals, and shall be extended 
by the Secretary of Homeland Security for 
a period of not longer than 10 additional 
years upon determining that— 
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‘‘(I) such relief would enable the 
alien asserting a workplace claim to 
pursue the claim to resolution; 
‘‘(II) the deterrent goals of any 
statute underlying a workplace claim 
would be served; 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 work-
place claim or from the presiding offi-
cer overseeing the workplace claim at-
testing that, to the best of the declar-
ant’s knowledge and belief, reasonable 
cause exists to believe that the testi-
mony of the individual will be relevant 
to the outcome of the workplace claim. 
‘‘(II) WORKPLACE
CLAIM.—The 
term ‘workplace claim’ means any 
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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 a worker representative 
related workplace injury or illness or 
to the violation of applicable Federal, 
State, and local labor laws or labor 
agreements, including laws concerning 
wages and hours, labor relations, fam-
ily and medical leave, occupational 
health and safety, civil rights, or non-
discrimination.’’. 
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 
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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— 
(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. 
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(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— 
(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-
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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-
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 
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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))). 
(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 employment 
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. 
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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 (22 U.S.C. 1254(h)) 
is amended by inserting ‘‘or (H)(ii)(b)’’ after 
‘‘(H)(i)(b)’’. 
Æ 
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