Title: Seasonal Worker Solidarity Act of 2020
Policy area: Immigration

Summary:
Seasonal Worker Solidarity Act of 2020
This bill modifies the H-2B (temporary nonagricultural workers) visa program and expands protections for aliens who report workplace violations.
Changes to the H-2B program include
Furthermore, an alien who has worked a certain amount of time as an H-2B worker may obtain permanent resident status, subject to various requirements.
In addition, an alien who is likely helpful in an investigation of a workplace claim (i.e., an alleged violation of law or workplace-related injury) may qualify for a U visa for victims of criminal activity. The bill also removes statutory numerical limitations on U visas.
The bill also provides protections for certain aliens who file or assist in the investigation of workplace claims.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8954 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8954

To reform the process by which temporary nonagricultural workers' visas 
                 are allocated, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2020

Mr. Castro of Texas (for himself, Ms. Judy Chu of California, Ms. Bass, 
 Ms. Sanchez, Ms. Jayapal, Mr. Levin of Michigan, Ms. DeLauro, and Mr. 
    Pocan) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To reform the process by which temporary nonagricultural workers' visas 
                 are allocated, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Seasonal Worker Solidarity Act of 
2020''.

SEC. 2. H-2B WORKERS.

    (a) In General.--The Immigration and Nationality Act (8 U.S.C. 1151 
et seq.) is amended by inserting after section 218 the following:

``SEC. 218A. ADMISSION OF H-2B WORKERS.

    ``(a) Nationwide Recruitment.--
            ``(1) In general.--The Secretary of Labor shall require 
        employers to conduct recruitment activities nationwide and 
        consider, without prejudice, applications from workers and 
        labor organizations in any region, including all of the States 
        and territories of the United States, consistent with the 
        requirements in section 101(a)(15)(H)(ii)(b) of the Immigration 
        and Nationality Act. The Secretary shall coordinate with State 
        Workforce Agencies to conduct concerted recruitment in any 
        State or metropolitan statistical areas designated by the 
        Secretary of Labor as a Labor Surplus Area.
            ``(2) Disaster response workers.--
                    ``(A) Disaster response priority for displaced 
                workers.--Any worker authorized to work in the United 
                States who is displaced as a result of a local, State, 
                or nationally declared disaster shall be given priority 
                for employment as a temporary nonagricultural worker.
                    ``(B) Supplemental information.--Employers seeking 
                to hire temporary nonagricultural workers for disaster 
                response shall submit to the Secretary of Labor a 
                supplemental worksheet detailing the health and safety 
                training plan and equipment to be provided to temporary 
                nonagricultural workers to ensure health and safety of 
                such workers in impacted geographical areas.
                    ``(C) Plan approval.--The Secretary of Labor may 
                not issue a labor certification unless the Secretary 
                approves the plan to adequately protect workers in 
                declared disaster areas submitted under this paragraph.
    ``(b) Advisory Committee.--In accordance with the provisions of the 
Federal Advisory Committee Act, the Secretary of Labor shall establish 
an advisory committee not later than 5 months after the date of 
enactment of the Seasonal Worker Solidarity Act of 2020, whose 
membership shall consist of representatives from the Department of 
Labor, State Workforce Agencies, and labor organizations, and 
organizations advocating for workers in relevant industries. The 
advisory committee shall meet on a periodic basis and shall advise the 
Secretary of Labor on issues related to improving recruitment of United 
States workers and the development, testing, and implementation of the 
recruitment platform described in subsection (c) and the prevention of 
discrimination in the recruitment, hiring, and treatment of temporary 
nonagricultural workers. Not later than 18 months after the date on 
which the advisory committee hold its initial meeting, the committee 
shall submit to the Secretary of Labor and Congress a report on issues 
related to improving recruitment of United States workers and the 
development, testing, and implementation of the recruitment platform 
and the prevention of discrimination in the recruitment, hiring, and 
treatment of temporary nonagricultural workers.
    ``(c) Recruitment Platform.--
            ``(1) Creation.--Not later than 90 days after the date of 
        enactment of the Seasonal Worker Solidarity Act of 2020, the 
        Secretary of Labor shall create and make available on the 
        Department of Labor website a centralized, national electronic 
        seasonal and temporary job search and worker recruitment 
        platform (in this section referred to as the `recruitment 
        platform') for employment opportunities for which employers are 
        seeking authorization to hire H-2B workers.
            ``(2) Purpose.--The recruitment platform shall allow 
        applicants to submit applications for available positions 
        electronically to--
                    ``(A) facilitate the nationwide recruitment of 
                United States workers; and
                    ``(B) provide transparency about United States 
                employment opportunities for job seekers outside of the 
                United States.
            ``(3) Notification.--The Secretary of Labor shall create a 
        mechanism by which the public, job seekers, State Workforce 
        Agencies, labor unions, and other organizations are able to 
        receive electronic notification within 24 hours when job orders 
        in relevant industries and regions are posted to the website.
            ``(4) Registration.--An employer seeking to recruit 
        temporary nonagricultural workers shall register on the 
        recruitment platform and job orders on the recruitment platform 
        may only be posted by such registered employers.
            ``(5) Archives.--Job orders shall remain publicly 
        accessible for a period of at least 5 years after the original 
        posting date.
    ``(d) Public Response.--The Secretary of Labor, in consultation 
with the Secretary of Homeland Security, shall develop a streamlined 
process for labor organizations, and organizations advocating for 
workers in relevant industries, to publicly challenge an employer's 
claim of temporary need, wage rates, job requirements posted to the 
recruitment platform, or any other employment issue related to 
temporary nonagricultural workers.
    ``(e) Employer Certification.--When registering on the recruitment 
platform, an employer shall certify compliance with each of the 
following:
            ``(1) Safe and fair workplace.--
                    ``(A) In general.--The employer shall, in addition 
                to all other certifications required by the Secretary 
                of Labor meet the following requirements:
                            ``(i) Legal compliance.--The employer shall 
                        comply with Federal law and any applicable 
                        State law, or local law or ordinance, and 
                        recognize any labor organization that provides 
                        evidence of support from a majority of the 
                        workforce.
                            ``(ii) Workers' compensation.--The employer 
                        shall provide workers' compensation insurance 
                        coverage in compliance with State law covering 
                        injury and disease arising out of and in the 
                        course of the worker's employment. If the type 
                        of employment for which the certification is 
                        sought is not covered by or is exempt from the 
                        State's workers' compensation law, the employer 
                        shall provide, at no cost to the worker, 
                        insurance covering injury and disease 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 employment.--The 
                        employer shall offer the same terms and 
                        conditions of employment whether the workers 
                        hired to fill posted positions are recruited 
                        domestically or from abroad.
                    ``(B) Penalty.--The National Labor Relations 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 certification. Any United 
                States applicant who applies 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 requirements 
                with respect to job order postings on the recruitment 
                platform:
                            ``(i) In the case of any employer whose 
                        workforce is comprised of a significant portion 
                        of workers who are not literate in English, 
                        such employer shall provide 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 language as 
                        the Secretary may determine necessary 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 terms and conditions of 
                employment as the Secretary may require, including--
                            ``(i) the States and locations in which 
                        workers will be employed and information that 
                        is searchable and shareable in an electronic 
                        format;
                            ``(ii) wages, hours, working conditions, 
                        worksite, and other benefits of employment that 
                        the Secretary of Labor, in consultation with 
                        State Workforce Agencies, determines are in 
                        compliance with requirements of Federal, State, 
                        and local law; and
                            ``(iii) official forms submitted by 
                        prospective H-2B employers to secure labor 
                        certification and prevailing wage 
                        determinations, including any approvals thereof 
                        by the Secretary of Labor.
            ``(3) Union applicants.--The employer shall consider 
        applicants or groups of applicants put forward by United States 
        labor organizations and organizations advocating for workers in 
        relevant industries that have qualified members available for 
        posted job orders. The employer shall recognize the union 
        training credentials of members of United States labor unions 
        who come from abroad and such 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 qualifications for a position, and 
                shall not impose unnecessary experience or educational 
                requirements 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 Occupational 
                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 occupations of employment or 
        otherwise negatively impact the working conditions and benefits 
        of workers in the United States who are similarly employed.
            ``(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 subsistence for each 
                        temporary nonagricultural worker to travel from 
                        the worker's place of permanent residence to 
                        the place of employment and back at no cost to 
                        the worker.
                            ``(ii) Transportation between living 
                        quarters and worksite.--The employer shall 
                        provide daily round-trip transportation between 
                        living quarters and worksite at no cost to 
                        workers, whether or not the housing is employer 
                        provided.
                            ``(iii) Employer-provided transportation.--
                        All employer-provided transportation shall 
                        comply with all applicable Federal, State, or 
                        local laws and regulations, and shall meet all 
                        relevant transportation safety standards, 
                        driver licensure, and vehicle insurance 
                        requirements.
                            ``(iv) Employer-reimbursed 
                        transportation.--Notwithstanding clauses (i), 
                        (ii), and (iii), in lieu of providing 
                        transportation to a temporary nonagricultural 
                        worker, an employer may reimburse a such worker 
                        for transportation if such reimbursement is 
                        made not later than 5 business days after 
                        receipt of written documentation of the 
                        worker's transportation costs.
                    ``(B) Housing.--
                            ``(i) Obligation to provide housing.--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:
                                    ``(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 relevant 
                                Occupational Safety and Health 
                                Administration standards. The employer 
                                shall retain for at least 5 years any 
                                records documenting that the employer-
                                provided housing is compliant with such 
                                laws, regulations, and standards.
                                    ``(II) Housing costs and fees.--In 
                                a case in which the employer provides 
                                rented housing, housing fees shall be 
                                paid according to the following 
                                criteria:
                                            ``(aa) Rental costs and 
                                        fees.--Any costs, including 
                                        charges and fees for rental 
                                        housing, shall be paid by the 
                                        employer to the owner or 
                                        operator of the housing.
                                            ``(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 
                                        damage for which they are 
                                        responsible and which is not 
                                        the result of normal wear and 
                                        tear related to habitation.
                                            ``(cc) Charges for public 
                                        housing.--If the employer 
                                        secures public housing for 
                                        temporary 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 nonagricultural workers 
                        who request it, and employers should inform 
                        temporary nonagricultural 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 available to the 
        Department of Labor, workers and the designees of such workers 
        upon request. Such records shall not be subject to the Freedom 
        of Information Act and shall be maintained by an employer for 
        five calendar years after the last date of employment. The 
        employer shall issue pay statements in both a paper and 
        electronic format to workers that clearly enumerate wage rates, 
        hours, and all deductions 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 employer shall 
        employ temporary nonagricultural workers directly and not place 
        H-2B workers under the direct or indirect supervision of a 
        third party employer, 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 domestic 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 notice, 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 requirements.--
                    ``(A) In general.--The employer shall disclose the 
                entire recruitment supply chain, including 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 provided, including both public and private 
                contracts.
                    ``(B) Joint and several liability.--The employer 
                shall be jointly and severally liable for the actions 
                of any recruiters or foreign or domestic labor 
                contractors involved in or acting on behalf of the 
                employer in securing workers for job postings.
                    ``(C) Written verifications.--The employer shall 
                obtain and submit to the Secretary of Labor written 
                certifications that any and all recruiters or foreign 
                or domestic labor contractors in the supply chain 
                shall--
                            ``(i) engage in non-discriminatory hiring 
                        practices;
                            ``(ii) at the time of recruitment and in a 
                        language the workers understand, provide 
                        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 kickbacks; and
                            ``(iv) not engage in forms of retaliation, 
                        including blacklisting.
    ``(f) Published Attestations.--Employer attestations and data 
disclosures made pursuant to this section 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 Occupational 
                        Employment Statistics Survey;
                            ``(ii) 200 percent of the Federal minimum 
                        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 
                        applicable to similar construction, alteration, 
                        or repair work in the locality as determined by 
                        the Secretary of Labor in accordance with 
                        subchapter IV of chapter 31 of 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 `occupation' does not include an 
                occupation that is a subset of a Standard Occupational 
                Classification or a Department of Labor approved 
                Occupational Information Network subclassification if 
                such subset or subclassification would result in an 
                average wage that is lower than the average wage in the 
                Standard Occupational Classification from which the 
                subset or subclassification 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 surveys conducted by State or 
        local public agencies or private entities to establish the mean 
        wage for an occupation under paragraph (1)(A)(i).
            ``(3) Labor certifications.--Prior to approving a labor 
        certification, the Secretary of Labor shall--
                    ``(A) cross reference each employer applicant with 
                relevant Department of Labor databases, including the 
                Equal Employment Opportunity Commission database, and 
                National Labor Relations Board databases to determine 
                whether a labor dispute or investigation is ongoing; 
                and
                    ``(B) in the event of an ongoing labor dispute or 
                investigation, implement supplemental measures to 
                prevent abuses of temporary nonagricultural workers, 
                including onsite visits, interviewing workers, 
                requiring additional safety 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--
                    ``(A) whether the employer is engaging in criminal 
                background checks that are not otherwise required by a 
                Federal, State, or local law;
                    ``(B) whether experience requirements are 
                reasonable for the indicated Occupational Information 
                Network level and commensurate with the advertised 
                position, and whether such requirements are used to 
                screen out applicants based on their race, age, 
                national origin, disability, genetic information, 
                religious belief, or sex, including sexual orientation 
                or gender identity;
                    ``(C) whether an employer's hiring practices are 
                having a disparate impact on employees;
                    ``(D) whether an employer is adhering to the terms 
                of the job order, employment contract, 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;
                    ``(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 recruitment 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 section is 
                denied;
                    ``(D) action is taken based on the audits conducted 
                pursuant to paragraph (4), including--
                            ``(i) the initiation of civil or criminal 
                        proceedings where appropriate;
                            ``(ii) the identification of and public 
                        reporting of recurring challenges for women and 
                        other protected classes and underrepresented 
                        groups seeking temporary nonagricultural 
                        employment; and
                            ``(iii) the initiation process for 
                        suspension or permanent debarment of employers 
                        where appropriate.
            ``(6) Equal opportunity advocate.--The Secretary of Labor 
        shall create an H-2B Equal Opportunity Advocate position to 
        investigate, report on, and address any challenges identified 
        under paragraph (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 Security shall make available 
        one-fourth of all H-2B petitions 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.
            ``(3) Cap per employer.--An employer may not employ more 
        than 100 H-2B workers, including any workers hired by a 
        subcontractor of the employer, at any time.
            ``(4) Limitations on h-2b share of a workforce.--If an 
        employer employs 50 or more workers 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 Secretary 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 exceptionally low 
                unemployment rates;
                    ``(C) are hiring returning workers previously 
                employed in H-2B nonimmigrant status or workers from 
                underrepresented groups (based on gender, country of 
                origin, or occupation); or
                    ``(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 assess 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 
protections, 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 adjudication, 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 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 subject to a 2-year suspension 
        from employing nonimmigrants or using the recruitment platform.
            ``(2) Fair pay and safe workplace.--
                    ``(A) In general.--In the case that a registered 
                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 employer shall be subject to a 2-year 
                suspension from employing nonimmigrants or using the 
                recruitment platform for the first violation and 
                permanent debarment for subsequent violations.
                    ``(B) Reliance.--In making a determination 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 violated 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 Secretary 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 determination 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 violated Federal, State, or local 
                employment laws.
            ``(4) Joint and several liability.--Employers shall be 
        jointly and severally liable for the actions 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 commencement 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 
        employer 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 
        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 Corporation and service 
        providers that are recipients of Legal Services Corporation 
        funds.
            ``(3) Appointment of attorney and commencement of action.--
        Upon application by a complainant and in such circumstances as 
        the court may determine just, the court may appoint an attorney 
        for such complainant and may authorize the commencement of the 
        action.
    ``(n) Injunction Authority.--The Attorney General may, on his or 
her own or at the request of the Secretary 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 
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.
    ``(o) Rebuttable Presumption.--There shall be a rebuttable 
presumption that a worker is the subject of retaliation if a worker 
exercises a protected right, assists in a labor agency investigation, 
or complains about working 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 section, 
                designate all countries as eligible for H-2B 
                recruitment;
                    ``(B) formulate and publish clear criteria for 
                temporarily designating countries as ineligible after 
                the date of enactment of this section; and
                    ``(C) disclose reasons and evidence for temporarily 
                designating a country as ineligible after the date of 
                enactment of this section.
            ``(2) Judicial review.--The temporary designation of a 
        country as ineligible for H-2B recruitment shall be subject to 
        judicial review.
    ``(q) Visa for Accepted Position.--
            ``(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-petition to request 
        a change of status to a new H-2B employer. An H-2B worker who 
        notifies the Department 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. Employers 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 
        petition have been approved, as a condition of employment 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 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 redress.
    ``(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, including 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 transportation, 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 transmission.
            ``(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 worker' 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 employer, who is contracted to 
        perform any recruitment activity on behalf of an employer, 
        whether domestically or abroad.
            ``(5) Labor surplus area.--The term `Labor Surplus Area' is 
        any area in which the unemployment 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.
            ``(8) Recruitment.--The term `recruitment' means 
        advertising, disseminating information, selection, placement 
        into employment, housing and transport to and from place of 
        permanent residence for temporary nonagricultural workers. The 
        term applies to both jobseekers and those who are or were 
        employed.
            ``(9) Temporary nonagricultural worker.--The term 
        `temporary nonagricultural worker' means an individual who is, 
        has been, or is seeking to be employed in a position posted on 
        the Department 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 Columbia, the United States 
        Virgin Islands, the Commonwealth of Puerto Rico, and Guam.
            ``(11) Worker.--The term `worker' means an individual who 
        is, has been, or is seeking to be employed 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.''.
    (b) Numerical Limitation Conforming Amendments.--Section 214(g)(10) 
of the Immigration and Nationality 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 Employment 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 
                                        substantial abuse or harm as a 
                                        result of having been a victim 
                                        of criminal activity described 
                                        in clause (iii);
                                            ``(bb) has suffered 
                                        substantial abuse or harm 
                                        related to a violation 
                                        described in clause (iv);
                                            ``(cc) is a victim of 
                                        criminal activity described in 
                                        clause (iii) and would suffer 
                                        extreme hardship upon removal; 
                                        or
                                            ``(dd) has suffered a 
                                        violation 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 Security, 
                        to the Equal Employment Opportunity 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
                    (D) in subclause (IV)--
                            (i) by inserting ``(aa)'' after ``(IV)''; 
                        and
                            (ii) by adding at the end the following: 
                        ``or
    ``(bb) a workplace claim described in clause (iv) resulting 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 violation 
                        related to a workplace claim, the alien--
                                    ``(I) has filed, is a material 
                                witness in, or is likely to be helpful 
                                in the investigation of, a bona fide 
                                workplace claim or other qualifying 
                                crime (as defined in section 
                                274A(e)(10)(C)(iii)(II)); and
                                    ``(II) reasonably fears, has been 
                                threatened with, or has been the victim 
                                of, an action involving force, physical 
                                restraint, retaliation, or abuse of the 
                                immigration or other legal process 
                                against the alien or another person by 
                                the employer in relation to acts 
                                underlying the workplace claim or 
                                related to the filing of the workplace 
                                claim; or''.
    (b) Temporary Protection for Injured Workers 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 section 3(b) of this Act); and
            (B) has been helpful, is being helpful, or is likely to be 
        helpful to--
                    (i) a Federal, State, or local law enforcement 
                official;
                    (ii) a Federal, State, or local prosecutor;
                    (iii) a Federal, State, or local judge;
                    (iv) the Department of Homeland Security;
                    (v) the Equal Employment Opportunity Commission;
                    (vi) the Department of Labor, including the 
                Occupational Safety and Health Administration;
                    (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 authorities 
                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.--Section 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, prosecuting, 
                or seeking civil remedies for workplace claims 
                described in section 101(a)(15)(U)(iv)'' after 
                ``section 101(a)(15)(U)(iii)'' each place such term 
                appears;
                    (B) by striking ``The petition'' and inserting 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 request 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 information.--Neither the 
                Secretary of Homeland Security, nor the Attorney 
                General, may use the information furnished pursuant to 
                a petition for status under section 101(a)(15)(U) for 
                purposes of initiating or carrying out a removal 
                proceeding.'';
            (2) by striking paragraph (2); and
            (3) in paragraph (6)--
                    (A) by inserting ``or workplace claims described in 
                section 101(a)(15)(U)(iv)'' after ``described in 
                section 101(a)(15)(U)(iii)''; and
                    (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 Nationality Act (8 U.S.C. 1255(m)(1)) is amended 
by inserting ``or an investigation or prosecution regarding a workplace 
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 inserting ``abuse and the 
        criminal activity or workplace claim'';
            (2) in subparagraph (F), by adding ``or'' at the end; and
            (3) by inserting after subparagraph (F) the following:
                    ``(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.--
                    ``(A) Prohibitions.--A person may not discharge, 
                demote, suspend, threaten, harass, decline to hire, or 
                in any other manner discriminate against a worker in 
                the terms and conditions 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 
                        reasonably believes evidences a violation of 
                        this title or any rule or regulation pertaining 
                        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 action to carry 
                        out the purposes of this title or any workplace 
                        claim;
                            ``(iv) has furnished information to the 
                        Department of Labor, the Department of Homeland 
                        Security, the Department of Justice, the Equal 
                        Employment Opportunity 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, regulation, 
                        standard, or ban under any Act.
                    ``(B) Enforcement.--
                            ``(i) In general.--A worker who believes 
                        that he or she has suffered a violation of 
                        subparagraph (A) may seek relief in accordance 
                        with the procedures, notifications, burdens of 
                        proof, remedies, and statutes of limitation set 
                        forth in section 1514A of title 18, United 
                        States Code.
                            ``(ii) Appeals.--
                                    ``(I) Jurisdiction.--Any person 
                                adversely affected or aggrieved by an 
                                order issued under clause (i) may 
                                obtain 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, 
                                        allegedly 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 
                                subparagraph 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 review 
                                under this subparagraph shall conform 
                                to the provisions set forth in chapter 
                                7 of title 5, United States Code.
                                    ``(IV) Stay of order.--Unless 
                                ordered by the court, the commencement 
                                of proceedings under this subparagraph 
                                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, supplemented 
                        with publicly accessible online materials on 
                        the requirements of, and developments that 
                        would affect the implementation of this Act.
                    ``(D) No limitation on rights.--Nothing in this 
                paragraph may be construed to diminish the rights, 
                privileges, or remedies of any worker under any Federal 
                or State law, equity, or under any collective 
                bargaining agreement. The rights and remedies set forth 
                in this paragraph 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 communication or 
                        transmission.
                            ``(ii) H-2B worker.--The term `H-2B worker' 
                        means a nonimmigrant authorized 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 
                        investigating, prosecuting, or defending the 
                        workplace claim or from the presiding officer 
                        overseeing the workplace claim attesting that, 
                        to the best of the declarant's knowledge and 
                        belief, reasonable cause exists to believe that 
                        the testimony of the individual will be 
                        relevant to the outcome of the workplace claim.
                            ``(iv) Person.--The term `person' means any 
                        individual, partnership, association, joint 
                        stock company, trust, cooperative, 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 perform work for pay, 
                        regardless of immigration 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 representative related to 
                        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, 
                        family and medical leave, occupational health 
                        and safety, 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 Regulations (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 inserting 
                ``If''; and
                    (B) by inserting ``or as a result of information 
                provided to the Department of Homeland Security in 
                retaliation against individuals for exercising or 
                attempting to exercise their employment 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 Secretary of 
                Homeland Security undertakes an enforcement action at a 
                facility about which a workplace claim has been filed 
                or is contemporaneously filed, or as a result of 
                information provided to the Department of Homeland 
                Security 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 subparagraph 
                        (T) or (U) of section 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 
                                activity; and
                                    ``(II) provides such agency with 
                                the opportunity to interview such 
                                aliens; and
                            ``(ii) no aliens entitled to a stay of 
                        removal or abeyance of removal proceedings 
                        under this section are removed.
                    ``(B) Protections for victims of crime, labor, and 
                employment violations.--
                            ``(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 anticipated proceeding involving 
                        a bona fide workplace claim, or who has filed 
                        for relief under section 101(a)(15)(U), shall 
                        be entitled to a stay of removal or an abeyance 
                        of 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 exhaustion of 
                        administrative appeals, whichever is later, 
                        unless the Secretary of Homeland Security 
                        establishes, by a preponderance of the evidence 
                        in proceedings before the immigration 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 removal or 
                        abeyance of removal proceedings and employment 
                        authorization issued pursuant 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 
                        administrative appeals, and shall be extended 
                        by the Secretary of Homeland Security for a 
                        period of not longer than 10 additional years 
                        upon determining that--
                                    ``(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 
                                otherwise further the interests of 
                                justice.
                            ``(iii) Definitions.--In this paragraph:
                                    ``(I) Material witness.--
                                Notwithstanding any other provision of 
                                law, the term `material witness' means 
                                an individual who presents a 
                                declaration from an attorney 
                                investigating, prosecuting, or 
                                defending the workplace claim or from 
                                the presiding officer overseeing the 
                                workplace claim attesting that, to the 
                                best of the declarant's knowledge and 
                                belief, reasonable cause exists to 
                                believe that the testimony of the 
                                individual will be relevant to the 
                                outcome of the workplace claim.
                                    ``(II) 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 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, 
                                family and medical leave, occupational 
                                health and safety, civil rights, or 
                                nondiscrimination.''.

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 status.
            (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 
        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 before such 
                workers begin employment; and
                    (B) conduct surveys after such employment ends to 
                document treatment and conditions 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 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 provide information 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 Status.--The Secretary of 
Homeland Security shall adjust the status of an alien from that of an 
alien admitted pursuant to section 101(a)(15)(H)(ii)(B) to that of a 
lawful permanent resident if the alien submits a completed application, 
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 within a 10-year period;
            (2) the applicant has not become ineligible for H-2B worker 
        status under section 218A of the Immigration 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 certification 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 worldwide 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 adjustment 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 
application, 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 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 determination 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 Immigration and Nationality Act (8 
        U.S.C. 1324a(h)(3))).
    (e) Retroactive Eligibility and Numerical Exemption.--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 
submit within 2 years after such date an application for adjustment 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. 
        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 Immigration and 
        Nationality Act (22 U.S.C. 1254(h)) is amended by inserting 
        ``or (H)(ii)(b)'' after ``(H)(i)(b)''.
                                 <all>