Sec. 803. Recruitment, referral, and continuation of employment
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Section 274A(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a) ) is amended— in paragraph (1)(A), by striking for a fee ; in paragraph (1), by amending subparagraph
(B)to read as follows: to hire, continue to employ, or to recruit or refer for employment in the United States an individual without complying with the requirements of subsection (b). ; and in paragraph (2), by striking after hiring an alien for employment in accordance with paragraph (1), and inserting after complying with paragraph (1), . Section 274A(h) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h) ), as amended by section 801(b) of this title, is further amended by adding at the end the following: As used in this section, the term refer means the act of sending or directing a person who is in the United States or transmitting documentation or information to another, directly or indirectly, with the intent of obtaining employment in the United States for such person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in the definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit, that refer, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. As used in this section, the term recruit means the act of soliciting a person who is in the United States, directly or indirectly, and referring the person to another with the intent of obtaining employment for that person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in this definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit that recruit, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. . The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act, except that the amendments made by subsection
(a)shall take effect 6 months after the date of the enactment of this Act insofar as such amendments relate to continuation of employment.
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Sec. 803
Recruitment, referral, and continuation of employment
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