Sec. 253. Enforcement

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The Secretary of Labor shall deny an application for registration, or revoke a registration, if the Secretary determines that the foreign labor recruiter, or any agent or subcontractee of such foreign labor recruiter— knowingly made a material misrepresentation in the registration application; materially failed to comply with one or more of the attestations provided under section 252(c); or is not the real party in interest. Before denying an application for registration or revoking a registration under this subsection, the Secretary of Labor shall provide written notice of the intent to deny or revoke the registration to the foreign labor recruiter.

Such notice shall— articulate with specificity all grounds for denial or revocation; and provide the foreign labor recruiter with not less than 60 days to respond. A foreign labor recruiter whose registration was revoked under subsection

(a)may re-register if the foreign labor recruiter demonstrates, to the Secretary of Labor’s satisfaction, that the foreign labor recruiter— has not violated any requirement under this subtitle during the 5-year period immediately preceding the date on which an application for registration was filed; and has taken sufficient steps to prevent future violations of this subtitle. A complaint may be filed with the Secretary of Labor, in accordance with the procedures established under section 252(b)(4) not later than 2 years after the earlier of— the date on which the last action constituting the conduct that is the subject of the complaint took place; or the date on which the aggrieved party had actual knowledge of such conduct. If the Secretary of Labor determines, after notice and an opportunity for a hearing, that a foreign labor recruiter failed to comply with any of the requirements under this subtitle, the Secretary of Labor may— levy a fine against the foreign labor recruiter in an amount not more than— $10,000 per violation; and $25,000 per violation, upon the third violation; order the forfeiture (or partial forfeiture) of the bond and release of as much of the bond as the Secretary determines is necessary for the worker to recover prohibited recruitment fees; refuse to issue or renew a registration, or revoke a registration; or disqualify the foreign labor recruiter from registration for a period of up to 5 years, or in the case of a subsequent finding involving willful or multiple material violations, permanently disqualify the foreign labor recruiter from registration. The Secretary of Labor is authorized to take other such actions, including issuing subpoenas and seeking appropriate injunctive relief, as may be necessary to assure compliance with the terms and conditions of this subtitle. Nothing in this subsection may be construed as limiting the authority of the Secretary of Labor to conduct an investigation— under any other law, including any law affecting migrant and seasonal agricultural workers; or in the absence of a complaint. The Secretary of Labor or any person aggrieved by a violation of this subtitle may bring a civil action against any foreign labor recruiter, or any employer that does not meet the requirements under subsection (d)(1), in any court of competent jurisdiction— to seek remedial action, including injunctive relief; and for damages in accordance with the provisions of this subsection. If a court finds, in a civil action filed by an individual under paragraph (1), that the defendant has violated any provision of this subtitle, the court may award— damages, up to and including an amount equal to the amount of actual damages, and statutory damages of up to $1,000 per plaintiff per violation, or other equitable relief, except that with respect to statutory damages— multiple infractions of a single provision of this subtitle (or of a regulation under this subtitle) shall constitute only one violation for purposes of this subsection to determine the amount of statutory damages due a plaintiff; and if such complaint is certified as a class action the court may award— damages up to an amount equal to the amount of actual damages; and statutory damages of not more than the lesser of up to $1,000 per class member per violation, or up to $500,000; and other equitable relief; reasonable attorneys’ fees and costs; and such other and further relief as necessary to effectuate the purposes of this subtitle. In determining the amount of statutory damages to be awarded under subparagraph (A), the court may consider whether an attempt was made to resolve the issues in dispute before the resort to litigation. To satisfy the damages, fees, and costs found owing under this paragraph, the Secretary shall release as much of the bond held pursuant to section 252(c)(4) as is necessary. There is established in the general fund of the Treasury a separate account, which shall be known as the H–2A Foreign Labor Recruiter Compensation Account . Notwithstanding any other provisions of law, there shall be deposited, as offsetting receipts into such account, all sums recovered in an action by the Secretary of Labor under this subsection. Amounts deposited into the H–2A Foreign Labor Recruiter Compensation Account shall be paid directly to each worker affected by a violation under this subtitle. Any such sums not paid to a worker because of inability to do so within a period of 5 years following the date such funds are deposited into the account shall remain available to the Secretary until expended. The Secretary may transfer all or a portion of such remaining sums to appropriate agencies to support the enforcement of the laws prohibiting the trafficking and exploitation of persons or programs that aid trafficking victims. An employer that hires workers referred by a foreign labor recruiter with a valid registration at the time of hiring shall not be held jointly liable for a violation committed solely by a foreign labor recruiter under this subtitle— in any administrative action initiated by the Secretary concerning such violation; or in any Federal or State civil court action filed against the foreign labor recruiter by or on behalf of such workers or other aggrieved party under this subtitle. Nothing in this subtitle may be construed to prohibit an aggrieved party or parties from bringing a civil action for violations of this subtitle or any other Federal or State law against any employer who hired workers referred by a foreign labor recruiter— without a valid registration at the time of hire; or with a valid registration if the employer knew or learned of the violation and failed to report such violation to the Secretary of Labor. If other immigration relief is not available, the Secretary of Homeland Security may grant parole to permit an individual to remain legally in the United States for time sufficient to fully and effectively participate in all legal proceedings related to any action taken pursuant to subsection

(b)or

(c)or section 202, 204, or 206. Agreements by employees purporting to waive or to modify their rights under this subtitle shall be void as contrary to public policy. Foreign labor recruiters shall be subject to the provisions of this section for violations committed by the foreign labor recruiter’s agents or subcontractees of any level in relation to their foreign labor recruiting activity to the same extent as if the foreign labor recruiter had committed such a violation.