Sec. 1010. H–2B employer notification requirement
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/bill/117/hr/6637/ih/section-1010·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An employer of one or more H–2B workers shall, within three business days, make electronic notification, in the manner prescribed by the Secretary of Homeland Security, of the following events: Such a worker fails to report to work within 5 workdays of the employment start date on the petition or within 5 workdays of the date on which the worker is admitted into the United States pursuant to the petition, whichever is later. The labor or services for which such a worker was hired is completed more than 30 days earlier than the employment end date stated on the petition.
The employment of such a worker is terminated prior to the completion of labor or services for which he or she was hired. Such a worker has not reported for work for a period of 5 consecutive workdays without the consent of the employer. An employer shall retain evidence of a notification described in subsection
(a)and make it available for inspection by officers of the Department of Homeland Security for a 1-year period beginning on the date of the notification. The Secretary shall impose civil monetary penalties, in an amount not less than $500 per violation and not to exceed $1,000 per violation, as the Secretary determines to be appropriate, for each instance where the employer cannot demonstrate that it has complied with the notification requirements, unless, in the case of an untimely notification, the employer demonstrates with such notification that good cause existed for the untimely notification, and the Secretary of Homeland Security, in the Secretary’s discretion, waives such penalty. If the Secretary has determined that an employer has violated the notification requirements in subsection (a), the employer shall be given written notice and 30 days to reply before being given written notice of the assessment of the penalty. If a penalty described in subsection
(c)is not paid within 10 days of assessment, no nonimmigrant or immigrant petition may be processed for that employer, nor may that employer continue to employ nonimmigrants, until such penalty is paid.