Sec. 252. Registration of foreign labor recruiters
1,550 words·~7 min read·
/bill/117/s/5282/is/section-252A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of State and the Secretary of Homeland Security, shall establish procedures for the electronic registration of foreign labor recruiters engaged in the recruitment of nonimmigrant workers described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ) to perform agricultural labor or services in the United States. The procedures described in subsection
(a)shall— require the applicant to submit a sworn declaration— stating the applicant’s permanent place of residence or principal place of business, as applicable; describing the foreign labor recruiting activities in which the applicant is engaged; and including such other relevant information as the Secretary of Labor and the Secretary of State may require; include an expeditious means to update and renew registrations; include a process, which shall include the placement of personnel at each United States diplomatic mission in accordance with subsection (g)(2), to receive information from the public regarding foreign labor recruiters who have allegedly engaged in a foreign labor recruiting activity that is prohibited under this subtitle; include procedures for the receipt and processing of complaints against foreign labor recruiters and for remedies, including the revocation of a registration or the assessment of fines upon a determination by the Secretary of Labor that the foreign labor recruiter has violated the requirements under this subtitle; require the applicant to post a bond in an amount sufficient to ensure the ability of the applicant to discharge its responsibilities and ensure protection of workers, including payment of wages; and allow the Secretary of Labor and the Secretary of State to consult with other appropriate Federal agencies to determine whether any reason exists to deny registration to a foreign labor recruiter or revoke such registration. Foreign labor recruiters registering under this subtitle shall attest and agree to abide by the following requirements: The foreign labor recruiter, including any agent or employee of such foreign labor recruiter, shall not assess any recruitment fees on a worker for any foreign labor recruiting activity. The foreign labor recruiter shall not knowingly provide materially false or misleading information to any worker concerning any matter required to be disclosed under this subtitle. The foreign labor recruiter shall ascertain and disclose to the worker in writing in English and in the primary language of the worker at the time of the worker’s recruitment, the following information: The identity and address of the employer and the identity and address of the person conducting the recruiting on behalf of the employer, including each subcontractor or agent involved in such recruiting. A copy of the approved job order or work contract under section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ), including all assurances and terms and conditions of employment. A statement, in a form specified by the Secretary— describing the general terms and conditions associated with obtaining an H–2A nonimmigrant visa and maintaining H–2A nonimmigrant status; affirming the prohibition on the assessment of fees described in paragraph (1), and explaining that such fees, if paid by the employer, may not be passed on to the worker; describing the protections afforded the worker under this subtitle, including procedures for reporting violations to the Secretary of State, filing a complaint with the Secretary of Labor, or filing a civil action; and describing the protections afforded the worker by section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375b ), including the telephone number for the national human trafficking resource center hotline number. The foreign labor recruiter shall agree to maintain a bond sufficient to ensure the ability of the foreign labor recruiter to discharge its responsibilities and ensure protection of workers, and to forfeit such bond in an amount determined by the Secretary under subsections (b)(1)(C)(ii) or (c)(2)(C) of section 253 for failure to comply with the provisions under this subtitle. The foreign labor recruiter shall agree to cooperate in any investigation under section 253 by the Secretary or other appropriate authorities. The foreign labor recruiter shall agree to refrain from intimidating, threatening, restraining, coercing, discharging, blacklisting or in any other manner discriminating or retaliating against any worker or their family members (including a former worker or an applicant for employment) because such worker disclosed information to any person based on a reason to believe that the foreign labor recruiter, or any agent or subcontractee of such foreign labor recruiter, is engaging or has engaged in a foreign labor recruiting activity that does not comply with this subtitle. The foreign labor recruiter shall consent to be liable for the conduct of any agents or subcontractees of any level in relation to the foreign labor recruiting activity of the agent or subcontractee to the same extent as if the foreign labor recruiter had engaged in such conduct. If the foreign labor recruiter is conducting foreign labor recruiting activity wholly outside the United States, such foreign labor recruiter shall— establish a registered agent in the United States who is authorized to accept service of process on behalf of the foreign labor recruiter for the purpose of any administrative proceeding under this title or in any civil action in any Federal or State court, if such service is made in accordance with the appropriate Federal or State rules for service of process, as applicable; and as a condition of registration, consent to the jurisdiction of any Federal or State court in a State where recruited workers are placed. Unless suspended or revoked, a registration under this section shall be valid for 2 years. The Secretary of Labor shall require a foreign labor recruiter that submits an application for registration under this section to pay a reasonable fee, sufficient to cover the full costs of carrying out the registration activities under this subtitle. Not less frequently than once every year, an employer of H–2A workers shall provide the Secretary with the names and addresses of all foreign labor recruiters engaged to perform foreign labor recruiting activity on behalf of the employer, whether the foreign labor recruiter is to receive any economic compensation for such services, and, if so, the identity of the person or entity who is paying for the services. In addition to the requirements of subparagraph (A), the employer shall— provide to the Secretary the identity of any foreign labor recruiter whom the employer has reason to believe is engaging in foreign labor recruiting activities that do not comply with this subtitle; and promptly respond to any request by the Secretary for information regarding the identity of a foreign labor recruiter with whom the employer has a contract or other agreement. A registered foreign labor recruiter shall notify the Secretary, not less frequently than once every year, of the identity of any subcontractee, agent, or foreign labor recruiter employee involved in any foreign labor recruiting activity for, or on behalf of, the foreign labor recruiter. The Secretary of State, in consultation with the Secretary of Labor shall maintain and make publicly available in written form and on the websites of United States embassies in the official language of that country, and on websites maintained by the Secretary of Labor, regularly updated lists— of foreign labor recruiters who hold valid registrations under this section, including— the name and address of the foreign labor recruiter; the countries in which such recruiters conduct recruitment; the employers for whom recruiting is conducted; the occupations that are the subject of recruitment; the States where recruited workers are employed; and the name and address of the registered agent in the United States who is authorized to accept service of process on behalf of the foreign labor recruiter; and of foreign labor recruiters whose registration the Secretary has revoked. The Secretary of State shall ensure that each United States diplomatic mission is staffed with a person who shall be responsible for receiving information from members of the public regarding potential violations of the requirements applicable to registered foreign labor recruiters and ensuring that such information is conveyed to the Secretary of Labor for evaluation and initiation of an enforcement action, if appropriate. The Secretary of State shall ensure that consular officers issuing visas to nonimmigrants under section 101(a)(1)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 11001(a)(1)(H)(ii)(a) )— provide to and review with the applicant, in the applicant’s language (or a language the applicant understands), a copy of the information and resources pamphlet required by section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375b ); ensure that the applicant has a copy of the approved job offer or work contract; note in the visa application file whether the foreign labor recruiter has a valid registration under this section; and if the foreign labor recruiter holds a valid registration, review and include in the visa application file, the foreign labor recruiter’s disclosures required by subsection (c)(3). The Secretary of State shall make publicly available online, on an annual basis, data disclosing the gender, country of origin (and State, county, or province, if available), age, wage, level of training, and occupational classification, disaggregated by State, of nonimmigrant workers described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ).
Connectionstraces to 3
1 reference not yet in our index
- 8 USC 11001(a)(1)(H)(ii)(a)
Citation graph
cites case law
Sec. 252
Registration of foreign labor recruiters
Cite8 USC 11001(a)(1)(H)(ii)(a)
Cites 4Cited by 0 across 0 sources