8 USC 1375b - Protections for domestic workers and other nonimmigrants

U.S Code last checked for updates: Nov 22, 2024

§ 1375b.

Protections for domestic workers and other nonimmigrants

(a)

Information pamphlet and video for consular waiting rooms

(1)

Development and distribution

(2)

Consultation

(b)

Contents

The information pamphlet and video developed under subsection (a) shall include information concerning items such as—

(1)

the nonimmigrant visa application processes, including information about the portability of employment;

(2)

the legal rights of employment or education-based nonimmigrant visa holders under Federal immigration, labor, and employment law;

(3)

the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion, blackmail, and worker exploitation in the United States;

(4)

the legal rights of immigrant victims of trafficking in persons and worker exploitation, including—

(A)

the right of access to immigrant and labor rights groups;

(B)

the right to seek redress in United States courts;

(C)

the right to report abuse without retaliation;

(D)

the right of the nonimmigrant to relinquish possession of his or her passport to his or her employer;

(E)

the requirement of an employment contract between the employer and the nonimmigrant; and

(F)

an explanation of the rights and protections included in the contract described in subparagraph (E); and

(5)

information about nongovernmental organizations that provide services for victims of trafficking in persons and worker exploitation, including—

(A)

anti-trafficking in persons telephone hotlines operated by the Federal Government;

(B)

the Operation Rescue and Restore hotline; and

(C)

a general description of the types of victims services available for individuals subject to trafficking in persons or worker exploitation.

(c)

Translation

(1)

In general

(2)

Revision

(d)

Availability and distribution

(1)

Posting on Federal websites

(2)

Other distribution

The information pamphlet and video developed under subsection (a) shall be made available to any—

(A)

government agency;

(B)

nongovernmental advocacy organization; or

(C)

foreign labor broker doing business in the United States.

(3)

Deadline for pamphlet development and distribution

(4)

Deadline for video development and distribution

(e)

Responsibilities of consular officers of the Department of State

(1)

Interviews

A consular officer conducting an interview of an alien for an employment-based nonimmigrant visa shall—

(A)

(i)

confirm that the alien has received, read, and understood the contents of the pamphlet described in subsections (a) and (b); and

(ii)

if the alien has not received, read, or understood the contents of the pamphlet described in subsections (a) and (b), distribute and orally disclose to the alien the information described in paragraphs (2) and (3) in a language that the alien understands; and

(B)

offer to answer any questions the alien may have regarding the contents of the pamphlet described in subsections (a) and (b).

(2)

Legal rights

The consular officer shall disclose to the alien—

(A)

the legal rights of employment-based nonimmigrants under Federal immigration, labor, and employment laws;

(B)

the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion, blackmail, and worker exploitation in the United States; and

(C)

the legal rights of immigrant victims of trafficking in persons, worker exploitation, and other related crimes, including—

(i)

the right of access to immigrant and labor rights groups;

(ii)

the right to seek redress in United States courts; and

(iii)

the right to report abuse without retaliation.

(3)

Victim services

(f)

Definitions

In this section:

(1)

Employment- or education-based nonimmigrant visa

The term “employment- or education-based nonimmigrant visa” means—

(A)

a nonimmigrant visa issued under subparagraph (A)(iii), (G)(v), (H), or (J) of section 1101(a)(15) of this title; and

(B)

any nonimmigrant visa issued to a personal or domestic servant who is accompanying or following to join an employer.

(2)

Severe forms of trafficking in persons

(3)

Secretary

(4)

Abusing and exploiting

(Pub. L. 110–457, title II, § 202, Dec. 23, 2008, 122 Stat. 5055; Pub. L. 113–4, title XII, § 1206, Mar. 7, 2013

cite as: 8 USC 1375b