Sec. 585. Protections for workers
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Section 214(c)(14) of the Immigration and Nationality Act, as amended by section 104, is further amended by adding at the end the following: Employers who hire nonimmigrants described in section 101(a)(15)(H)(ii)(b) shall reimburse the nonimmigrants for the reasonable transportation costs incurred by such nonimmigrants and United States workers to initially reach the job site and, once the period of employment for the job opportunity is completed, to return to their countries of origin or to the next place of employment, if the worker has contracted with a subsequent employer who has not agreed to provide or pay for the worker’s transportation to such subsequent employer’s place of employment.
The amount of reimbursement for such transportation expenses shall not exceed the lesser of— the actual cost to the worker or alien of the transportation and subsistence involved; or the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved. Employers who hire nonimmigrants described in section 101(a)(15)(H)(ii)(b) shall guarantee to offer the worker employment for at least 75 percent of the workdays of the total periods during which the work contract and all extensions of such contract are in effect, beginning with the first workday after the arrival of the worker at the place of employment and ending on the expiration date specified in the work contract or in its extensions, if any.
If the employer affords a worker during the total work contract period less employment than that required under this subparagraph, the employer shall pay the worker the amount which the worker would have earned had the worker worked for the guaranteed number of days. In this subparagraph, the term workday — means a day in which the worker is offered the number of hours stated in the job order; and excludes the worker’s Sabbath and Federal holidays. A work guarantee does not meet the requirements under this subparagraph unless the number of hours of work offered by the employer is equal to not less than the product of— 75 percent of the workdays; multiplied by the average number of hours per day stated in the job order.
A worker may be offered more than the specified hours of work on a single workday. The employer may not require, for purposes of meeting the work guarantee, that the worker work longer than the number of hours specified in the job order on a workday, the worker’s Sabbath, or a Federal holiday. If the job opportunity is not covered by the State workers’ compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of, and in the course of, the worker’s employment which will provide benefits at least equal to those provided under the State’s workers’ compensation law for comparable employment. .