Sec. 103. Transparency in foreign recruiting by third-party foreign labor recruiters
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/bill/113/hr/4586/ih/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A third-party foreign labor recruiter shall ascertain and, at the time a job offer is made, disclose to each prospective worker in writing in English and in the primary language of the worker, the following information: All information that is reasonably available (including in summarized form, but not including any financial or proprietary information of the employer) that would be required to be included in a petition, certification, or application under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) for the purpose of obtaining for such worker a work-authorized nonimmigrant visa, should the employer offering the job file such a petition, certification, or application.
All information regarding any fees and expenses allowable under such Act that the foreign labor contractor (including a third-party foreign labor recruiter) will or may charge the worker (including any costs for housing or accommodation, transportation to and from the United States and to and from the worksite, meals, health insurance, worker’s compensation, medical examinations, health care, tools or safety equipment costs, training, or any other benefits provided). A statement, in a form specified by the Secretary— stating that— no third-party foreign labor recruiter, or agent or employee of such a person, lawfully may assess any recruitment, placement, legal or processing fee on a prospective worker or a worker; unless required by such Act, no foreign labor contractor (including a third-party foreign labor recruiter) is required to pay for the visa or passport fees or costs of transportation to and from the United States of a prospective worker or worker; and unless prohibited by such Act, any other law of the United States or a State, or the provisions related to a written employment contract entered into as provided in paragraph (4), the employment of a worker may be terminated or modified at any time by the employer; explaining that— if a written employment contract is entered into as provided in paragraph (4), no material changes may be made to a the original contract signed by the prospective worker or worker without the worker having at least 24 hours to consider such changes and to provide their consent, obtained voluntarily, except that if the worker does not provide consent, the worker may be terminated or the employment modified pursuant to subparagraph (A)(iii); and any material changes made to the original contract that do not comply with clause
(i)shall be a violation of this section and be subject to the enforcement under section 107; and describing the protections afforded prospective workers and workers by this section, section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375c ), and the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including— relevant information about the procedure for filing a complaint provided for in section 107; and the telephone number for the national human trafficking resource center hotline number. If a written employment contract is entered into by a prospective worker or worker and an employer, either voluntarily by both parties or in compliance with the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), a signed copy of the work contract. Nothing in the disclosure required by subsection
(a)shall constitute a legal conclusion as to a prospective worker’s or worker’s status or rights under any labor or employment law. Unless otherwise required by the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), a written employment contract shall not be required to establish eligibility for a work authorized nonimmigrant visa under section 214(s) of the Immigration and Nationality Act ( 8 U.S.C. 1184(s) ), as added by section 202 of this Act. No third-party foreign labor recruiter shall knowingly provide materially false or misleading information to any prospective worker concerning any matter required to be disclosed under subsection (a).
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Sec. 103
Transparency in foreign recruiting by third-party foreign labor recruiters
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