Sec. 2. Definitions
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/bill/116/s/2224/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term bona fide research purposes — means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and does not include— purposes that are commercial, tortious, or criminal in nature; purposes that are related to immigration enforcement; or nonresearch purposes that would not have been practicable, but for access to the information.
The term employment — means employment in the United States; includes cultural exchanges, training, and business activities in which the nonimmigrant receives any form of compensation (including a stipend) from any source, whether paid in the United States or in the nonimmigrant’s country of origin, and whether or not authorized by law; and does not include the activities of a nonimmigrant described in section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ), except— personal or domestic servants accompanying or following to join a nonimmigrant employer who seeks admission into, or is already in, the United States; personal or domestic servants accompanying or following to join a United States citizen employer who has a permanent home or is stationed in a foreign country, and who is temporarily visiting the United States; nonimmigrants engaged in training, services, or work normally allowed under other nonimmigrant visa classifications, including— services described in clause (i)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); and training described in clause
(iii)of such section; and nonimmigrants engaged in the supervision or training of others engaged in building or construction work, but not for the purpose of performing any such building or construction work themselves (as described in section 214.2(b)(5) of title 8, Code of Federal Regulations and section 41.31(b)(1) of title 22, Code of Federal Regulations). The term law enforcement includes— Federal law enforcement officers (as defined in section 115(c)(1) of title 18, United States Code); Federal law enforcement officers and local law enforcement officers (as such terms are defined in paragraphs
(5)and
(6)of subsection
(b)of the Combat Human Trafficking Act of 2015 ( 34 U.S.C. 20709 )); and State attorneys general (as defined in section 4G(1) of the Clayton Act ( 15 U.S.C. 15g(1) )). The term nonimmigrant visa classification, status, or subclassification means any program, level, category, subcategory, or other type of grouping that— is part of a nonimmigrant visa classification or status— described in section 101(a)(15) or 214(e) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) and 1184(e)); or otherwise established under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )); and may be specifically created, delineated, or defined in— any Federal statute, regulation, agency guidance, directive, memo, or any other source material, including the Code of Federal Regulations, the Foreign Affairs Manual, and Department of State cables (classified or unclassified); or any official form, application, or petition used by the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor. The term service providers to human trafficking victims means any nonprofit, nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication, investigation and identification of human trafficking, and delivering wrap-around services to human trafficking victims, including grant recipients under— section 107(b)(2)(A), 107(f), or 112A of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(b)(2)(A) , 7105(f), and 7109a); or section 202 or 203 of the Trafficking Victims Protection Reauthorization Act of 2005 ( 34 U.S.C. 20702 and 20703). The term temporary foreign nonimmigrant worker means— nonimmigrants— who have been issued a visa under section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); who have petitioned for, requested, or otherwise applied for a visa described in subparagraph (A); or for whom such a visa has been petitioned, requested, or applied; and any person authorized to be employed in the United States under any nonimmigrant visa classification, subclassification, or program for nonimmigrants that authorizes employment, except for persons who were issued nonimmigrant visas for the purpose of victim or witness protection. The term third party intermediary — means any natural person, corporation, company, firm, partnership, joint stock company or association, or other organization or entity, including municipal corporations, that recruits, solicits, or engages in related activities with respect to an individual who resides outside of the United States in furtherance of employment in the United States, including when such activity occurs outside of the United States; and includes recruiters, subrecruiters, placement agencies, staffing agencies, labor contractors, and sponsor organizations designated by the Secretary of State, including for-profit and not-for-profit sponsor entities. The term worker protection organizations means any nonprofit, nongovernmental organization that— promotes compliance with antidiscrimination, wage, occupational health and safety, workers’ compensation and other labor and employment laws and regulations; or otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions.
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