[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7549 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7549
To reform the process by which temporary nonagricultural workers' visas
are allocated, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 21, 2022
Mr. Castro of Texas (for himself, Ms. Barragan, Mr. Espaillat, Ms.
Schakowsky, Mr. McGovern, Ms. Sanchez, Ms. Chu, Ms. Meng, Ms. Norton,
Mrs. Cherfilus-McCormick, Mr. Carson, Ms. Jayapal, Mr. Pocan, and Ms.
Titus) 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
2022''.
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 assistance for displaced
workers.--State Workforce Agencies shall make available
supplemental support and training to any worker
authorized to work in the United States who is
displaced as a result of a local, State, or nationally
declared disaster so that such individual is able to
seek 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 2022, 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, including standard setting for nationwide and Labor
Surplus Area recruitment efforts 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 holds 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 1 year after the date of
enactment of the Seasonal Worker Solidarity Act of 2022, 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 shall develop a
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 and shall apply appropriate remedies
when violations are found. The Department of Labor's decisions shall
not be subject to judicial review.
``(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 United States workers no
less than the same benefits, wages, and working
conditions that the employer is offering,
intends to offer, or will provide to H-2B
workers, including transportation and housing.
``(B) Penalty.--The Secretary of Labor, in
consultation with 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, and the employer's successor-in-interest, who
fails to comply with this paragraph shall be subject to
a 2-year debarment from the H-2B program and the use of
the recruitment platform.
``(2) Posting.--
``(A) In general.--The employer shall submit job
orders to the Department of Labor for posting on the
recruitment platform. Approved job orders shall be
posted for no less than 60 days before the employer
applies for an H-2B labor certification, and job orders
shall remain active on the recruitment platform until
the first date of need. 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 entitled to an appropriate remedy.
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 with limited literacy or English
proficiency, such employer shall provide the
job orders in oral and written form in English
and in any other languages spoken by the
employees.
``(ii) The Secretary of Labor shall post
all approved 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,
before the first date of need, any 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 numerical limitations.
``(4) Worker qualifications.--
``(A) In general.--The employer shall disclose
minimum qualifications for any position and hire
workers who meet those minimum qualifications, 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 and regardless of whether the worker
is dismissed early.
``(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.
``(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 such a worker
for transportation if such reimbursement is
made not later than 5 business days after the
worker's arrival at the place of employment.
``(B) Housing.--
``(i) Obligation to provide housing.--The
employer shall provide housing at no cost to
all 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
after the end of the work contract
period, 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 the workers
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 the work contract
period. 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
maintain records documenting recruitment efforts; and
``(B) at the time of recruitment and upon hire,
provide H-2B workers with a written and oral 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 to
the Secretary of Labor through the labor certification
process 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 known 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 in the recruitment supply chain 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 from any and all recruiters or foreign
or domestic labor contractors in the supply chain that
those recruiters or contractors 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,
including fees to acquire passports and other
necessary documentation for travel, to any
applicant or job seeker through any means,
including in the form of loans, deductions, or
kickbacks; and
``(iv) not engage in any forms of
retaliation, including blacklisting against
workers or their family members.
``(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 or at the national level 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 to establish the mean wage for an
occupation under paragraph (1)(A)(i). Wage surveys conducted by
State or local government agencies may be permitted on an
exceptional basis when there are gaps in Occupational
Employment and Wage Statistics survey data.
``(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 all 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 any form
of retaliation against workers or their family members;
``(F) whether the employer has committed or is
being investigated for any other violations of labor
and employment law or any other relevant laws;
``(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 or any other relevant 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 from all nonimmigrant visa
programs.
``(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 the annual limit of H-2B petitions. 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,
directly or indirectly, more than 100 H-2B workers 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) Prohibition on labor certification in labor surplus
areas or industries.--The Secretary of Labor may not issue a
labor certification for work to be performed in an area or
occupation with unemployment rates higher than 6 percent or at
least 20 percent above the national unemployment rate.
``(6) Priority.--In a case in which demand for visas
exceeds supply in the first 5 filing days of 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 unemployment rates 20
percent or more below the national average;
``(C) are hiring returning workers previously
employed in H-2B nonimmigrant status or workers from
under-represented groups (based on gender or country of
origin); 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 an area of employment other than that stipulated on an
employer's original job order without obtaining the workers' consent
and a new labor certification for a new H-2B petition.
``(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 debarment
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 program regulations,
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 debarment 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, among other
sources, 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 debarment.
``(B) Reliance.--In making a determination under
subparagraph (A), the Secretary of Labor or the
Secretary of Homeland Security may rely, among other
sources, 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.
``(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. Workers shall be eligible for status
protections and work authorization during the pendency of any
such legal action.
``(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.
``(4) 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 cause of action accrues.
``(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 or anyone else in the recruitment chain, whether
or not such person or entity is physically located in the United
States, 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.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall--
``(1) on the date of enactment of this section, designate
all countries as eligible for H-2B recruitment;
``(2) impose the penalties described under section 243(d);
``(3) disclose reasons and evidence for temporarily
designating a country as ineligible after the date of enactment
of this section.
``(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 employer with an approved H-2B job
order. An H-2B worker who notifies the Department of Homeland
Security 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 has been approved, as a condition of employment of a
temporary nonagricultural worker. Job orders shall contain
clear language explaining that the worker is not liable for any
processing, recruitment, employment, or similar fees and that
all such payment is the responsibility of the employer.
``(4) Unemployment period.--A worker may be unemployed for
a period of not more than 60 days within the validity dates of
the worker's H-2B visa, during which time the worker shall not
accrue unlawful presence under section 212(a)(9) and 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 in the
recruitment chain, shall be eligible for parole and work authorization
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.
``(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 and
includes any foreign governmental or quasi-governmental entity
involved in this process.
``(8) Recruitment.--The term `recruitment' means
advertising, disseminating information, selection, placement
into employment, facilitating consular appointments and visa
paperwork on behalf of the employer, and 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, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
``(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 striking subclause (I) and inserting the
following:
``(I) the alien--
``(aa) has suffered substantial
physical, emotional, or mental abuse or
harm as a result of having been a
victim of criminal activity described
in clause (iii);
``(bb) has suffered substantial
physical, emotional, or mental 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 (including the
Occupational Safety and Health Administration),
to the National Labor Relations Board, to the
head official of a State or local government
department of labor, workforce commission, or
human relations commission or council'';
(ii) by striking ``investigating or
prosecuting'' and inserting ``investigating,
prosecuting, or seeking civil remedies for'';
and
(iii) 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)'';
(ii) by inserting ``or'' after the
semicolon at the end; and
(iii) by adding at the end the following:
``(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 has filed, is a
material witness in, or is likely to be helpful in the
investigation of, a bona fide workplace claim (as
defined in section 274A(e)(10)(B)(iii)(II)); 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, shall not remove the alien
from the United States during the permitted period, and shall provide
the alien with 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)) or
section 101(a)(15)(T) of such Act (8 U.S.C. 1101(a)(15)(T));
(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) or has
filed, or is a material witness to, a civil claim arising from
criminal activity (as defined in section
274A(e)(10)(B)(iii)(III) of such 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; 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), 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;
(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) Adjustment of Status and Fees.--Section 245(l)(7) of the
Immigration and Nationality Act (8 U.S.C. 1255(l)(7)) is amended by
striking ``permit aliens to apply for a waiver of'' and inserting ``not
require the payment of any''.
(f) 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,''.
(g) Confidentiality of Information.--Section 384(b)(2) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1367(b)(2)) is amended by adding at the end the following:
``However, neither the Secretary of Homeland Security nor the
Attorney General may use the information furnished pursuant to
any application under section 101(a)(15)(T), 101(a)(15)(U),
101(a)(27), 101(a)(51), 106, 240A(b)(2), or 244(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T);
1101(a)(15)(U); 1101(a)(27); 1101(a)(51); 1105a; 1229b(b)(2);
1254a(a)), or section 107(b)(1)(E)(i)(II)(bb) of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7105(b)(1)(E)(i)(II)(bb)), for purposes of initiating or
carrying out a removal proceeding.''.
SEC. 4. WHISTLEBLOWER PROTECTIONS.
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.''.
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 employees for
exercising their rights related to a workplace claim,
the Secretary shall ensure that--
``(i) any aliens arrested or detained who
are victims of or material witnesses to
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
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 civil claim
arising from criminal activity, 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 or judicial appeals, whichever
is later.
``(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 or judicial 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 or
civil claim arising from criminal
activity, or assisting in investigation
or prosecution of criminal activity, to
pursue the matter to resolution,
according to any agency administering
any statute underlying these claims or
any other credible evidence;
``(II) the deterrent goals of any
statute underlying a workplace claim,
criminal activity, or civil claim
arising from criminal activity would be
served, according to any agency
administering such a statute or any
other credible evidence; 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 claim or from the
presiding officer overseeing the 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 an employee representative
related to the workplace injury or
illness or to the violation of
applicable Federal, State, and local
labor laws, including laws concerning
wages and hours, labor relations,
family and medical leave, occupational
health and safety, civil rights, or
nondiscrimination.
``(III) Civil claim arising from
criminal activity.--The term `civil
claim arising from criminal activity'
means any written or oral claim,
charge, complaint, or grievance filed
with, communicated to, or submitted to
a Federal, State, or local agency or
court related to the violation of
applicable Federal, State, and local
laws arising from criminal activity
described in section
101(a)(15)(U)(iii).''.
(c) Continued Application of Workforce and Labor Protection
Remedies.--Section 274A(e) of the Immigration and Nationality Act (8
U.S.C. 1324a(e)), as amended by subsection (b), is further amended by
adding at the end the following:
``(11) Rights, remedies, and relief.--Notwithstanding an
employee's status as an unauthorized noncitizen during the time
of relevant employment or during the back pay period or the
failure of the employer or employee to comply with the
requirements under this section or with any other provision of
Federal law relating to the unlawful employment of
noncitizens--
``(A) all rights, remedies, and relief provided
under any Federal, State, or local law relating to
workplace rights, including reinstatement and back pay,
are available to such employee; and
``(B) a court may not prohibit such an employee
from pursuing other causes of action giving rise to
liability in a civil action.''.
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 (8 U.S.C. 1184(h)) is amended by inserting ``or
(H)(ii)(b)'' after ``(H)(i)(b)''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2022 and
each fiscal year thereafter such sums as may be necessary for the
purposes of carrying out this Act and the amendments made by this Act,
including--
(1) recruiting United States workers for labor or services
which might otherwise be performed by H-2B workers, including
by ensuring that State workforce agencies are sufficiently
funded to fulfill their functions under the H-2B program;
(2) enabling the Secretary of Labor to issue relevant
grants, make determinations and certifications under the H-2B
program in accordance with this Act and the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), including the
operation of the publicly accessible online job registry and
database of job orders described in section 5(b) of this Act;
(3) processing visas for workers engaged in labor disputes
and for victims of workplace and other crimes; and
(4) monitoring the terms and conditions under which H-2B
workers (and United States workers employed by the same
employers) are employed in the United States.
SEC. 10. RULEMAKING.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Labor and the Secretary of Homeland Security shall
make rules to carry out this Act and the amendments made by this Act.
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