,i #aagth ,,congress #b;d ,session ,h4 ,r4 #gedi ,,in ,,the ,,house ,,of ,,representatives ,april #ba1 #bjbb ,mr4 ,castro of ,texas 7for himself1 ,ms4 ,barragn1 ,mr4 ,espaillat1 ,ms4 ,schakowsky1 ,mr4 ,mc,govern1 ,ms4 ,snchez1 ,ms4 ,chu1 ,ms4 ,meng1 ,ms4 ,norton1 ,mrs4 ,cherfilus-,mc,cormick1 ,mr4 ,carson1 ,ms4 ,jayapal1 ,mr4 ,pocan1 and ,ms4 ,titus7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to reform the process by which temporary nonagricultural workers' visas are allocated1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,seasonal ,worker ,solidarity ,act of #bjbb4 #b4 ,h-#b;,b workers 7a7 ,in general ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 is amended by inserting after section #bah the following3 #bah;,a4 ,admission of ,h-#b;,b workers 7a7 ,nationwide recruitment 7#a7 ,in general ,the ,secretary of ,labor shall require employers to conduct recruitment activities nationwide and consider1 without prejudice1 applications from workers and labor organizations in any region1 including all of the ,states and territories of the ,united ,states1 consistent with the requirements in section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act4 ,the ,secretary shall coordinate with ,state ,workforce ,agencies to conduct concerted recruitment in any ,state or metropolitan statistical areas designated by the ,secretary of ,labor as a ,labor ,surplus ,area4 7#b7 ,disaster response workers 7,a7 ,disaster response assistance for displaced workers ,state ,workforce ,agencies shall make available supplemental support and training to any worker authorized to work in the ,united ,states who is displaced as a result of a local1 ,state1 or nationally declared disaster so that such individual is able to seek employment as a temporary nonagricultural worker4 7,b7 ,supplemental information ,employers seeking to hire temporary nonagricultural workers for disaster response shall submit to the ,secretary of ,labor a supplemental worksheet detailing the health and safety training plan and equipment to be provided to temporary nonagricultural workers to ensure health and safety of such workers in impacted geographical areas4 7,c7 ,plan approval ,the ,secretary of ,labor may not issue a labor certification unless the ,secretary approves the plan to adequately protect workers in declared disaster areas submitted under this paragraph4 7b7 ,advisory committee ,in accordance with the provisions of the ,federal ,advisory ,committee ,act1 the ,secretary of ,labor shall establish an advisory committee not later than #e months after the date of enactment of the ,seasonal ,worker ,solidarity ,act of #bjbb1 whose membership shall consist of representatives from the ,department of ,labor1 ,state ,workforce ,agencies1 and labor organizations1 and organizations advocating for workers in relevant industries4 ,the advisory committee shall meet on a periodic basis and shall advise the ,secretary of ,labor on issues related to improving recruitment of ,united ,states workers1 including standard setting for nationwide and ,labor ,surplus ,area recruitment efforts and the development1 testing1 and implementation of the recruitment platform described in subsection 7c7 and the prevention of discrimination in the recruitment1 hiring1 and treatment of temporary nonagricultural workers4 ,not later than #ah months after the date on which the advisory committee holds its initial meeting1 the committee shall submit to the ,secretary of ,labor and ,congress a report on issues related to improving recruitment of ,united ,states workers and the development1 testing1 and implementation of the recruitment platform and the prevention of discrimination in the recruitment1 hiring1 and treatment of temporary nonagricultural workers4 7c7 ,recruitment platform 7#a7 ,creation ,not later than #a year after the date of enactment of the ,seasonal ,worker ,solidarity ,act of #bjbb1 the ,secretary of ,labor shall create and make available on the ,department of ,labor website a centralized1 national electronic seasonal and temporary job search and worker recruitment platform 7in this section referred to as the recruitment platform7 for employment opportunities for which employers are seeking authorization to hire ,h-#b;,b workers4 7#b7 ,purpose ,the recruitment platform shall allow applicants to submit applications for available positions electronically to-- 7,a7 facilitate the nationwide recruitment of ,united ,states workers2 and 7,b7 provide transparency about ,united ,states employment opportunities for job seekers outside of the ,united ,states4 7#c7 ,notification ,the ,secretary of ,labor shall create a mechanism by which the public1 job seekers1 ,state ,workforce ,agencies1 labor unions1 and other organizations are able to receive electronic notification within #bd hours when job orders in relevant industries and regions are posted to the website4 7#d7 ,registration ,an employer seeking to recruit temporary nonagricultural workers shall register on the recruitment platform and job orders on the recruitment platform may only be posted by such registered employers4 7#e7 ,archives ,job orders shall remain publicly accessible for a period of at least #e years after the original posting date4 7d7 ,public response ,the ,secretary of ,labor shall develop a process for labor organizations1 and organizations advocating for workers in relevant industries1 to publicly challenge an employer's claim of temporary need1 wage rates1 job requirements posted to the recruitment platform1 or any other employment issue related to temporary nonagricultural workers and shall apply appropriate remedies when violations are found4 ,the ,department of ,labor's decisions shall not be subject to judicial review4 7e7 ,employer certification ,when registering on the recruitment platform1 an employer shall certify compliance with each of the following3 7#a7 ,safe and fair workplace 7,a7 ,in general ,the employer shall1 in addition to all other certifications required by the ,secretary of ,labor meet the following requirements3 7i7 ,legal compliance ,the employer shall comply with ,federal law and any applicable ,state law1 or local law or ordinance1 and recognize any labor organization that provides evidence of support from a majority of the workforce4 7ii7 ,workers' compensation ,the employer shall provide workers' compensation insurance coverage in compliance with ,state law covering injury and disease arising out of and in the course of the worker's employment4 ,if the type of employment for which the certification is sought is not covered by or is exempt from the ,state's workers' compensation law1 the employer shall provide1 at no cost to the worker1 insurance covering injury and disease arising out of and in the course of the worker's employment that shall provide benefits at least equal to those provided under the ,state workers' compensation law for other comparable employment4 7iii7 ,conditions of employment ,the employer shall offer ,united ,states workers no less than the same benefits1 wages1 and working conditions that the employer is offering1 intends to offer1 or will provide to ,h-#b;,b workers1 including transportation and housing4 7,b7 ,penalty ,the ,secretary of ,labor1 in consultation with the ,national ,labor ,relations ,board shall1 within #b weeks of employer registration1 review relevant records to verify employer compliance with this paragraph over the previous #e-year period4 ,an employer1 and the employer's successor-in-interest1 who fails to comply with this paragraph shall be subject to a #b-year debarment from the ,h-#b;,b program and the use of the recruitment platform4 7#b7 ,posting 7,a7 ,in general ,the employer shall submit job orders to the ,department of ,labor for posting on the recruitment platform4 ,approved job orders shall be posted for no less than #fj days before the employer applies for an ,h-#b;,b labor certification1 and job orders shall remain active on the recruitment platform until the first date of need4 ,any ,united ,states applicant who applies for a job on the recruitment platform may only be rejected for job-related reasons and those found by the ,secretary of ,labor to have been rejected on any other basis shall be entitled to an appropriate remedy4 ,each employer shall retain records of all hired workers and rejected applicants for #e years4 7,b7 ,language ,the following are requirements with respect to job order postings on the recruitment platform3 7i7 ,in the case of any employer whose workforce is comprised of a significant portion of workers with limited literacy or ,english proficiency1 such employer shall provide the job orders in oral and written form in ,english and in any other languages spoken by the employees4 7ii7 ,the ,secretary of ,labor shall post all approved job orders prepared by employers in ,english1 ,spanish1 and such other language as the ,secretary may determine necessary on their website4 7,c7 ,format ,each job order shall be posted in a standard format1 developed by the ,secretary of ,labor1 which shall include such terms and conditions of employment as the ,secretary may require1 including-- 7i7 the ,states and locations in which workers will be employed and information that is searchable and shareable in an electronic format2 7ii7 wages1 hours1 working conditions1 worksite1 and other benefits of employment that the ,secretary of ,labor1 in consultation with ,state ,workforce ,agencies1 determines are in compliance with requirements of ,federal1 ,state1 and local law2 and 7iii7 official forms submitted by prospective ,h-#b;,b employers to secure labor certification and prevailing wage determinations1 including any approvals thereof by the ,secretary of ,labor4 7#c7 ,union applicants ,the employer shall consider1 before the first date of need1 any applicants or groups of applicants put forward by ,united ,states labor organizations and organizations advocating for workers in relevant industries that have qualified members available for posted job orders4 ,the employer shall recognize the union training credentials of members of ,united ,states labor unions who come from abroad and such members shall be eligible for ,h-#b;,b visas that are exempt from numerical limitations4 7#d7 ,worker qualifications 7,a7 ,in general ,the employer shall disclose minimum qualifications for any position and hire workers who meet those minimum qualifications1 and shall not impose unnecessary experience or educational requirements of applicants1 and shall not require criminal background checks1 unless otherwise required by law for the specific position4 7,b7 ,positions requiring little or no experience ,in the case that the ,secretary of ,labor determines that a position is in an ,occupational ,information ,network ,job ,zone ,one occupation requiring little or no prior training or experience1 the ,secretary shall not permit an employer to require prior training or experience for the position4 7#e7 ,wage rates ,the salaries paid to ,h-#b;,b workers shall be set at rates that do not adversely affect the local or national average wages in the occupations of employment or otherwise negatively impact the working conditions and benefits of workers in the ,united ,states who are similarly employed4 7#f7 ,minimum work hours ,the employer shall guarantee that temporary nonagricultural workers are paid for at least the number of hours stipulated on the job order1 and not less than #dj hours per week4 7#g7 ,transportation and housing ,the employer shall provide transportation and offer housing for any temporary nonagricultural workers hired to fill posted job orders as follows3 7,a7 ,transportation 7i7 ,transportation to and from place of employment ,the employer shall provide transportation and subsistence for each temporary nonagricultural worker to travel from the worker's place of permanent residence to the place of employment and back at no cost to the worker and regardless of whether the worker is dismissed early4 7ii7 ,transportation between living quarters and worksite ,the employer shall provide daily round-trip transportation between living quarters and worksite at no cost to workers4 7iii7 ,employer-provided transportation ,all employer-provided transportation shall comply with all applicable ,federal1 ,state1 or local laws and regulations1 and shall meet all relevant transportation safety standards1 driver licensure1 and vehicle insurance requirements4 7iv7 ,employer-reimbursed transportation ,notwithstanding clauses 7i71 7ii71 and 7iii71 in lieu of providing transportation to a temporary nonagricultural worker1 an employer may reimburse such a worker for transportation if such reimbursement is made not later than #e business days after the worker's arrival at the place of employment4 7,b7 ,housing 7i7 ,obligation to provide housing ,the employer shall provide housing at no cost to all temporary nonagricultural workers who seek such housing and ,h-#b;,b workers4 ,housing shall meet the following criteria3 7,i7 ,housing standards ,employer-provided housing may be owned or rented by the employer and shall meet ,federal temporary housing regulations and comply with all other applicable ,federal1 ,state1 or local laws and regulations and meet all relevant ,occupational ,safety and ,health ,administration standards4 ,the employer shall retain1 for at least #e years after the end of the work contract period1 any records documenting that the employer-provided housing is compliant with such laws1 regulations1 and standards4 7,,ii7 ,housing costs and fees ,in a case in which the employer provides rented housing1 housing fees shall be paid according to the following criteria3 7aa7 ,rental costs and fees ,any costs1 including charges and fees for rental housing1 shall be paid by the employer to the owner or operator of the housing4 7bb7 ,deposit charges ,neither employers nor landlords may charge workers for bedding1 furnishings1 or other similar incidentals related to housing4 ,an employer may require workers to reimburse the employer for damage for which the workers are responsible and which is not the result of normal wear and tear related to habitation4 7cc7 ,charges for public housing ,if the employer secures public housing for temporary nonagricultural workers under the auspices of a local or ,state government1 the employer shall pay any charges normally required for use of the public housing units directly to the housing's management4 7ii7 ,family housing ,family housing shall be made available to spouses and dependents of temporary nonagricultural workers who request it1 and employers should inform temporary nonagricultural workers at the time of hire of the right to make such a request4 7#h7 ,records ,the employer shall maintain certified payroll records1 which shall be made available to the ,department of ,labor1 workers and the designees of such workers upon request4 ,such records shall not be subject to the ,freedom of ,information ,act and shall be maintained by an employer for five calendar years after the last date of the work contract period4 ,the employer shall issue pay statements in both a paper and electronic format to workers that clearly enumerate wage rates1 hours1 and all deductions and identify the legal name1 business address1 and ,federal employer identification number of the employer4 ,h-#b;,b wages shall be paid by the employer who submits the labor certification application4 7#i7 ,direct employment ,a registered employer shall employ temporary nonagricultural workers directly and not place ,h-#b;,b workers under the direct or indirect supervision of a third party employer1 agency1 or contractor4 ,subcontracting of ,h-#b;,b workers is prohibited4 7#aj7 ,hiring ,h-#b;,b workers ,before hiring ,h-#b;,b workers and after at least #fj days of domestic recruitment on the national recruitment platform1 the employer shall-- 7,a7 attest to a shortage of workers in the local surrounding areas and across the ,united ,states and maintain records documenting recruitment efforts2 and 7,b7 at the time of recruitment and upon hire1 provide ,h-#b;,b workers with a written and oral notice1 in a language that the worker understands1 that identifies the job classification1 describes duties1 compensation1 hours1 all relevant terms of employment1 housing1 and transportation and information on applicable labor and employment rights1 including the right to form or join a labor organization under the ,national ,labor ,relations ,act4 7#aa7 ,supply chain disclosure and requirements 7,a7 ,in general ,the employer shall disclose to the ,secretary of ,labor through the labor certification process the entire recruitment supply chain1 including any recruiters or foreign or domestic labor contractors and subagent local recruiters involved in securing workers for job postings and any known funding sources for the work to be provided1 including both public and private contracts4 7,b7 ,joint and several liability ,the employer shall be jointly and severally liable for the actions of any recruiters or foreign or domestic labor contractors in the recruitment supply chain involved in or acting on behalf of the employer in securing workers for job postings4 7,c7 ,written verifications ,the employer shall obtain and submit to the ,secretary of ,labor written certifications from any and all recruiters or foreign or domestic labor contractors in the supply chain that those recruiters or contractors shall-- 7i7 engage in non-discriminatory hiring practices2 7ii7 at the time of recruitment and in a language the workers understand1 provide workers with posted job orders and terms and conditions of employment2 7iii7 not charge fees of any kind1 including fees to acquire passports and other necessary documentation for travel1 to any applicant or job seeker through any means1 including in the form of loans1 deductions1 or kickbacks2 and 7iv7 not engage in any forms of retaliation1 including blacklisting against workers or their family members4 7f7 ,published attestations ,employer attestations and data disclosures made pursuant to this section shall be made publicly available on the national job search and worker recruitment platform immediately upon being entered into the system4 7g7 ,non-,discrimination and ,wage ,equity 7#a7 ,application review 7,a7 ,in general ,in order to prevent adverse effects on the wages of ,united ,states workers1 employers shall offer and pay ,united ,states workers and ,h-#b;,b workers the highest of-- 7i7 the mean of the wages of workers similarly employed in the area of intended employment or at the national level using the wage component of the ,bureau of ,labor ,statistics ,occupational ,employment ,statistics ,survey2 7ii7 #bjj percent of the ,federal minimum wage2 7iii7 any collectively bargained wage and fringe rates for the broad occupational category within each ,state of employment2 7iv7 wage and fringe benefit rates applicable to similar construction1 alteration1 or repair work in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7known as the ,davis-,bacon ,act72 and 7v7 any wage and fringe benefit rates for the occupation established by chapter #fg of title #da 7known as the ,mc,namara-,o',hara ,service ,contract of #aife74 7,b7 ,occupation designation ,for purposes of this paragraph1 the term occupation does not include an occupation that is a subset of a ,standard ,occupational ,classification or a ,department of ,labor approved ,occupational ,information ,network subclassification if such subset or subclassification would result in an average wage that is lower than the average wage in the ,standard ,occupational ,classification from which the subset or subclassification is derived4 7#b7 ,wage surveys ,the ,secretary of ,labor may only consider ,federal data sources and may not permit the use of private wage surveys to establish the mean wage for an occupation under paragraph 7#a77;,a77i74 ,wage surveys conducted by ,state or local government agencies may be permitted on an exceptional basis when there are gaps in ,occupational ,employment and ,wage ,statistics survey data4 7#c7 ,labor certifications ,prior to approving a labor certification1 the ,secretary of ,labor shall-- 7,a7 cross reference each employer applicant with relevant ,department of ,labor databases1 including the ,equal ,employment ,opportunity ,commission database1 and ,national ,labor ,relations ,board databases to determine whether a labor dispute or investigation is ongoing2 and 7,b7 in the event of an ongoing labor dispute or investigation1 implement supplemental measures to prevent abuses of temporary nonagricultural workers1 including onsite visits1 interviewing workers1 requiring additional safety measures1 and denying certifications when appropriate4 7#d7 ,audit ,every fiscal year1 the ,secretary of ,labor shall conduct random audits of not less than #e percent of all ,h-#b;,b employers and not less than #ej percent of all employers employing more than #ej ,h-#b;,b workers4 ,the ,secretary of ,labor shall give priority to the audit of employers with a workforce in which at least #ae percent of all workers have ,h-#b;,b status4 ,the audits shall assess-- 7,a7 whether the employer is engaging in criminal background checks that are not otherwise required by a ,federal1 ,state1 or local law2 7,b7 whether experience requirements are reasonable for the indicated ,occupational ,information ,network level and commensurate with the advertised position1 and whether such requirements are used to screen out applicants based on their race1 age1 national origin1 disability1 genetic information1 religious belief1 or sex1 including sexual orientation or gender identity2 7,c7 whether an employer's hiring practices are having a disparate impact on employees2 7,d7 whether an employer is adhering to the terms of the job order1 employment contract1 or collective bargaining agreement and has paid the promised wage rates listed on the labor certification and petition for an ,h-#b;,b worker1 as well as any other applicable overtime hours1 fringe benefits1 or bonuses2 7,e7 whether the employer has engaged in any form of retaliation against workers or their family members2 7,f7 whether the employer has committed or is being investigated for any other violations of labor and employment law or any other relevant laws2 7,g7 whether housing and transportation provided to temporary nonagricultural workers meets all relevant standards2 and 7,h7 whether recruiters designated by the ,h-#b;,b employers are in compliance with labor and employment laws or any other relevant laws4 7#e7 ,oversight ,the ,secretary of ,labor shall conduct active and ongoing oversight of the recruitment platform1 registered employers1 and the ,h-#b;,b program to ensure that-- 7,a7 there is no adverse effect on wages and working conditions2 7,b7 ,united ,states workers and ,h-#b;,b workers receive equal treatment2 7,c7 any application for labor certification that does not meet the requirements of this section is denied2 7,d7 action is taken based on the audits conducted pursuant to paragraph 7#d71 including-- 7i7 the initiation of civil or criminal proceedings where appropriate2 7ii7 the identification of and public reporting of recurring challenges for women and other protected classes and underrepresented groups seeking temporary nonagricultural employment2 and 7iii7 the initiation process for suspension or permanent debarment of employers where appropriate from all nonimmigrant visa programs4 7#f7 ,equal opportunity advocate ,the ,secretary of ,labor shall create an ,h-#b;,b ,equal ,opportunity ,advocate position to investigate1 report on1 and address any challenges identified under paragraph 7#d77;,b74 ,the ,equal ,opportunity ,advocate shall report to and consult with the ,advisory ,committee4 7h7 ,visa ,allocation 7#a7 ,duration ,in order to be eligible for the ,h-#b;,b program1 a job order may not exceed a term of #g months4 7#b7 ,quarterly allocation ,every quarter of the fiscal year1 the ,secretary of ,homeland ,security shall make available one-fourth of the annual limit of ,h-#b;,b petitions4 ,any unused ,h-#b;,b petition numbers shall roll over to the following quarter in the same fiscal year1 but shall not roll over to the following fiscal year4 7#c7 ,cap per employer ,an employer may not employ1 directly or indirectly1 more than #ajj ,h-#b;,b workers at any time4 7#d7 ,limitations on ,h-#b;,b share of a workforce ,if an employer employs #ej or more workers in the ,united ,states1 the sum of the number of such workers who are ,h-#b;,b workers may not exceed #ej percent of the total number of workers employed4 7#e7 ,prohibition on labor certification in labor surplus areas or industries ,the ,secretary of ,labor may not issue a labor certification for work to be performed in an area or occupation with unemployment rates higher than #f percent or at least #bj percent above the national unemployment rate4 7#f7 ,priority ,in a case in which demand for visas exceeds supply in the first #e filing days of any given quarter1 the ,secretary of ,homeland ,security shall give priority in visa issuance to employers that-- 7,a7 pay wages at the #geth percentile or above based on ,department of ,labor survey data or collectively bargained wages or ,davis ,bacon wages2 7,b7 are seeking to employ ,h-#b;,b workers on worksites located in ,states with unemployment rates #bj percent or more below the national average2 7,c7 are hiring returning workers previously employed in ,h-#b;,b nonimmigrant status or workers from under-represented groups 7based on gender or country of origin72 or 7,d7 have less than #ae percent of their workforce in the ,united ,states comprised of ,h-#b;,b workers4 7i7 ,assessment ,the ,secretary of ,labor shall assess a fee on each employer to fund the labor certification process at such amount as may be necessary to support effective processing by the ,department of ,labor1 and meaningful investigation and enforcement of worker protections1 and may update the fee as necessary to meet the requirement4 ,the ,secretary of ,homeland ,security shall have the authority to assess and periodically update fees on each employer for the processing and adjudication of petitions in order to support effective processing and adjudication1 if and when the ,secretary determines that the fees are insufficient for doing so4 7j7 ,limitation on assignment ,employers shall not assign ,h-#b;,b workers to an area of employment other than that stipulated on an employer's original job order without obtaining the workers' consent and a new labor certification for a new ,h-#b;,b petition4 7k7 ,employment authorizations ,an ,h-#d nonimmigrant spouse of an ,h-#b;,b nonimmigrant shall be eligible to apply for employment authorization with the ,secretary of ,homeland ,security but shall be prohibited from accepting employment with the same employer as the principal ,h-#b;,b nonimmigrant4 7l7 ,employer accountability 7#a7 ,use of other visa programs ,within any #b-year period1 an employer of ,h-#b;,b workers may not employ directly or through subcontractors1 any workers in the same broad occupational category or industry through any other nonimmigrant visa program except those workers who are employed--authorized through a nonimmigrant visa issued for humanitarian or family purposes4 ,any employer found to have violated this paragraph shall be subject to a #b-year debarment from employing nonimmigrants or using the recruitment platform4 7#b7 ,fair pay and safe workplace 7,a7 ,in general ,in the case that a registered employer is found to have violated program regulations1 including the fair pay and safe workplaces commitment1 the established prevailing wage under subsection 7j77#b71 or the provision on working conditions such registered employer and the principals1 subsidiary1 owner1 or affiliated company of such registered employer shall be subject to a #b-year debarment from employing nonimmigrants or using the recruitment platform for the first violation and permanent debarment for subsequent violations4 7,b7 ,reliance ,in making a determination under subparagraph 7,a71 the ,secretary of ,labor or the ,secretary of ,homeland ,security may rely1 among other sources1 on findings of a ,federal1 ,state1 or local agency or court that an employer has violated ,federal1 ,state1 or local employment laws4 7#c7 ,other violations 7,a7 ,in general ,any employer of an ,h-#b;,b worker1 or the successor in interest of that employer1 who is determined by the ,secretary of ,labor or the ,secretary of ,homeland ,security to have committed a violation of this section at any time1 including a misdemeanor or felony violation1 shall be subject to debarment4 7,b7 ,reliance ,in making a determination under subparagraph 7,a71 the ,secretary of ,labor or the ,secretary of ,homeland ,security may rely1 among other sources1 on findings of a ,federal1 ,state1 or local agency or court that an employer has violated ,federal1 ,state1 or local employment laws4 7#d7 ,joint and several liability ,employers shall be jointly and severally liable for the actions of any recruiter and foreign labor contractor of the employer in violation of any ,h-#b;,b regulation1 requirement1 or other labor or employment law4 7m7 ,redress for workers 7#a7 ,private right of action and fee shifting ,a temporary nonagricultural worker may bring a civil action before any district court of the ,united ,states1 or other court having jurisdiction over the parties1 against an employer or recruiter who violates any ,h-#b;,b regulation1 requirement1 or other labor or employment law1 or who retaliates against a worker who exercises the worker's rights under this section1 without respect to the amount in controversy and without regard to the citizenship of the parties and without regard to exhaustion of any alternative administrative remedies4 ,any such employer shall be liable for back pay1 unpaid wages1 and other damages1 including general1 compensatory1 and punitive damages1 and reasonable attorneys' fees4 ,an employer may not require1 as a condition of employment1 mandatory arbitration of private claims4 ,a waiver of any right created under this law shall be void and unenforceable4 ,workers shall be eligible for status protections and work authorization during the pendency of any such legal action4 7#b7 ,legal services ,h-#b;,b workers shall be eligible to be represented by the ,legal ,services ,corporation and service providers that are recipients of ,legal ,services ,corporation funds4 7#c7 ,appointment of attorney and commencement of action ,upon application by a complainant and in such circumstances as the court may determine just1 the court may appoint an attorney for such complainant and may authorize the commencement of the action4 7#d7 ,statute of limitations ,the commencement of a civil action shall be barred unless such action is commenced before the date that is #aj years after the cause of action accrues4 7n7 ,injunction authority ,the ,attorney ,general may1 on his or her own or at the request of the ,secretary of ,labor or the ,secretary of ,homeland ,security1 bring a civil action before any district court of the ,united ,states to seeking an order of injunction against any employer or recruiter or anyone else in the recruitment chain1 whether or not such person or entity is physically located in the ,united ,states1 who violates any ,h-#b;,b regulation1 requirement1 or other labor or employment law1 or who retaliates against a worker who exercises the worker's rights under this section4 7o7 ,rebuttable presumption ,there shall be a rebuttable presumption that a worker is the subject of retaliation if a worker exercises a protected right1 assists in a labor agency investigation1 or complains about working conditions and is not hired for another posted job for which the worker is qualified within #a year after the end of the contract in which the worker was engaged when he or she exercised such right or complained about such condition4 7p7 ,national origin ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall-- 7#a7 on the date of enactment of this section1 designate all countries as eligible for ,h-#b;,b recruitment2 7#b7 impose the penalties described under section #bdc7;d72 7#c7 disclose reasons and evidence for temporarily designating a country as ineligible after the date of enactment of this section4 7q7 ,visa for accepted position 7#a7 ,in general ,the ,secretary of ,state shall issue a #g-month visa to a worker for each ,h-#b;,b position the worker accepts4 7#b7 ,control ,an ,h-#b;,b worker may self-petition to request a change of status to a new employer with an approved ,h-#b;,b job order4 ,an ,h-#b;,b worker who notifies the ,department of ,homeland ,security of intent to change employers shall receive a #fj-;day grace period in which to secure a new position4 7#c7 ,recruitment fees ,employers shall be responsible for all fees associated with ,h-#b;,b labor certifications1 petitions1 and visa applications4 ,employers may not collect a job placement fee or other compensation 7either direct or indirect7 at any time1 including before or after a labor certification or petition has been approved1 as a condition of employment of a temporary nonagricultural worker4 ,job orders shall contain clear language explaining that the worker is not liable for any processing1 recruitment1 employment1 or similar fees and that all such payment is the responsibility of the employer4 7#d7 ,unemployment period ,a worker may be unemployed for a period of not more than #fj days within the validity dates of the worker's ,h-#b;,b visa1 during which time the worker shall not accrue unlawful presence under section #bab7;a77#i7 and may apply for open positions on the ,h-#b;,b jobs portal1 and shall have priority for hiring before new ,h-#b;,b applicants4 7r7 ,country of origin violations ,an ,h-#b;,b worker who experiences or reports1 in the worker's country of origin1 retaliation or other violations of this section by a ,united ,states employer1 or a recruiter or foreign labor contractor working on behalf of such employer in the recruitment chain1 shall be eligible for parole and work authorization for a period of not less than #b years in order to return to the ,united ,states to seek legal redress4 7s7 ,state ,workforce ,agencies ,the ,secretary of ,labor shall allocate such funds as may be necessary to train ,state ,workforce ,agencies on the ,h-#b;,b program and the recruitment platform so such agencies can assist with efforts to recruit available ,united ,states workers1 including through engagement with any and all relevant labor organizations and organizations advocating for workers in relevant industries4 ,in any ,state with more than #bjj approved ,h-#b;,b labor certifications1 the ,state ,workforce ,agency shall prepare1 in consultation with labor organizations and organizations advocating for workers in relevant industries1 an annual plan to identify and address the barriers to employment1 such as housing or transportation1 that discourage unemployed or underemployed ,u4,s4 workers from applying for such jobs4 7t7 ,definitions ,in this section3 7#a7 ,disclose ,the term disclose means to make a formal or informal communication or transmission4 7#b7 ,employ ,the term employ has the meaning given such term under section #c7;g7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;g774 7#c7 ,h-#b;,b worker ,the term ,h-#b;,b worker means a nonimmigrant authorized or previously authorized to work in the ,united ,states pursuant to section #aja7;a77#ae77;,h77ii77,b74 7#d7 ,labor contractor ,the term labor contractor means any person1 other than an employer1 who is contracted to perform any recruitment activity on behalf of an employer1 whether domestically or abroad4 7#e7 ,labor ,surplus ,area ,the term ,labor ,surplus ,area is any area in which the unemployment rate is more than #f percent or is at least #bj percent above the national unemployment rate4 7#f7 ,place of employment ,the term place of employment means the geographic location in which work occurs4 7#g7 ,recruiter ,the term recruiter means any person1 other than an employer1 who performs any recruitment activity on behalf of an employer1 whether domestically or abroad and includes any foreign governmental or quasi-governmental entity involved in this process4 7#h7 ,recruitment ,the term recruitment means advertising1 disseminating information1 selection1 placement into employment1 facilitating consular appointments and visa paperwork on behalf of the employer1 and housing and transport to and from place of permanent residence for temporary nonagricultural workers4 ,the term applies to both jobseekers and those who are or were employed4 7#i7 ,temporary nonagricultural worker ,the term temporary nonagricultural worker means an individual who is1 has been1 or is seeking to be employed in a position posted on the ,department of ,labor's seasonal job search and recruitment platform1 regardless of immigration status4 7#aj7 ,state ,the term ,state means any of the ,states of the ,united ,states1 the ,district of ,columbia1 the ,united ,states ,virgin ,islands1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#aa7 ,worker ,the term worker means an individual who is1 has been1 or is seeking to be employed or otherwise perform work for pay1 regardless of immigration status4 7#ab7 ,worksite ,the term worksite means the physical location of the job for which the worker is hired4 4 7b7 ,numerical limitation conforming amendments ,section #bad7;g77#aj7 of the ,immigration and ,nationality ,act is amended-- 7#a7 by striking first #f months and inserting every #c months2 and 7#b7 by striking #cc1jjj and inserting #af1ejj4 #c4 ,victims of serious labor and employment violations or crime 7a7 ,protection for victims of labor and employment violations ,section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,u77 is amended-- 7#a7 in clause 7i7-- 7,a7 by striking subclause 7,i7 and inserting the following3 7,i7 the alien-- 7aa7 has suffered substantial physical1 emotional1 or mental abuse or harm as a result of having been a victim of criminal activity described in clause 7iii72 7bb7 has suffered substantial physical1 emotional1 or mental abuse or harm related to a violation described in clause 7iv72 7cc7 is a victim of criminal activity described in clause 7iii7 and would suffer extreme hardship upon removal2 or 7dd7 has suffered a violation described in clause 7iv7 and would suffer extreme hardship upon removal2 2 7,b7 in subclause 7,,ii71 by inserting 1 or a labor or employment violation resulting in a workplace claim described in clause 7iv7 before the semicolon at the end2 7,c7 in subclause 7,,iii7-- 7i7 by striking or ,state judge1 to the ,service and inserting 1 ,state1 or local judge1 to the ,department of ,homeland ,security1 to the ,equal ,employment ,opportunity ,commission1 to the ,department of ,labor 7including the ,occupational ,safety and ,health ,administration71 to the ,national ,labor ,relations ,board1 to the head official of a ,state or local government department of labor1 workforce commission1 or human relations commission or council2 7ii7 by striking investigating or prosecuting and inserting investigating1 prosecuting1 or seeking civil remedies for2 and 7iii7 by inserting 1 or investigating1 prosecuting1 or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause 7iv7 before the semicolon at the end2 and 7,d7 in subclause 7,,iv7-- 7i7 by inserting 7aa7 after 7,,iv72 7ii7 by inserting or after the semicolon at the end2 and 7iii7 by adding at the end the following3 7bb7 a workplace claim described in clause 7iv7 resulting from a labor or employment violation2 2 7#b7 in clause 7ii77,,ii71 by striking and at the end2 7#c7 in clause 7iii71 by striking or at the end and inserting and2 and 7#d7 by adding at the end the following3 7iv7 in the labor or employment violation related to a workplace claim1 the alien has filed1 is a material witness in1 or is likely to be helpful in the investigation of1 a bona fide workplace claim 7as defined in section #bgd;,a7e77#aj77;,b77iii77,,ii772 or 4 7b7 ,temporary protection for injured workers and victims of crime1 labor1 and employment violations ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security may permit an alien to temporarily remain in the ,united ,states1 shall not remove the alien from the ,united ,states during the permitted period1 and shall provide the alien with the alien employment authorization1 if the ,secretary determines that the alien-- 7#a7 has filed for relief under section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,u77 or section #aja7;a77#ae77,t7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,t772 7#b7 7,a7 has filed1 or is a material witness to1 a bona fide workplace claim 7as defined in section #bgd;,a7e77#aj77;,b77iii77,,ii7 of such ,act1 as added by section #c7;b7 of this ,act7 or has filed1 or is a material witness to1 a civil claim arising from criminal activity 7as defined in section #bgd;,a7e77#aj77;,b77iii77,,iii7 of such ,act72 and 7,b7 has been helpful1 is being helpful1 or is likely to be helpful to-- 7i7 a ,federal1 ,state1 or local law enforcement official2 7ii7 a ,federal1 ,state1 or local prosecutor2 7iii7 a ,federal1 ,state1 or local judge2 7iv7 the ,department of ,homeland ,security2 7v7 the ,equal ,employment ,opportunity ,commission2 7vi7 the ,department of ,labor1 including the ,occupational ,safety and ,health ,administration2 7vii7 the ,national ,labor ,relations ,board2 7viii7 the head official of a ,state or local government department of labor1 workforce commission1 or human relations commission or council2 or 7ix7 other ,federal1 ,state1 or local authorities2 or 7#c7 has filed a workers' compensation claim or is undergoing treatment for a workplace injury or illness4 7c7 ,requirements applicable to ,u visas ,section #bad7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7p77 is amended-- 7#a7 in paragraph 7#a71 by inserting or investigating1 prosecuting1 or seeking civil remedies for workplace claims described in section #aja7;a77#ae77,u77iv7 after section #aja7;a77#ae77,u77iii7 each place such term appears2 7#b7 by striking paragraph 7#b72 and 7#c7 in paragraph 7#f7-- 7,a7 by inserting or workplace claims described in section #aja7;a77#ae77,u77iv7 after described in section #aja7;a77#ae77,u77iii72 and 7,b7 by inserting or workplace claim after prosecution of such criminal activity4 7d7 ,adjustment of status for victims of crimes ,section #bde7m77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7m77#a77 is amended by inserting or an investigation or prosecution regarding a workplace claim after prosecution4 7e7 ,adjustment of status and fees ,section #bde7l77#g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7l77#g77 is amended by striking permit aliens to apply for a waiver of and inserting not require the payment of any4 7f7 ,change of nonimmigrant classification ,section #chd7;a77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg7;a77#a77 is amended-- 7#a7 in subparagraph 7,e71 by striking physical or mental abuse and the criminal activity and inserting abuse and the criminal activity or workplace claim2 7#b7 in subparagraph 7,f71 by adding or at the end2 and 7#c7 by inserting after subparagraph 7,f7 the following3 7,g7 the alien's employer1 4 7g7 ,confidentiality of information ,section #chd7;b77#b7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg7;b77#b77 is amended by adding at the end the following3 ,however1 neither the ,secretary of ,homeland ,security nor the ,attorney ,general may use the information furnished pursuant to any application under section #aja7;a77#ae77,t71 #aja7;a77#ae77,u71 #aja7;a77#bg71 #aja7;a77#ea71 #ajf1 #bdj;,a7b77#b71 or #bdd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,t72 #aaja7;a77#ae77,u72 #aaja7;a77#bg72 #aaja7;a77#ea72 #aaje;a2 #abbi;b7b77#b72 #abed;a7a771 or section #ajg7;b77#a77;,e77i77,,ii77bb7 of the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaje7;b77#a77;,e77i77,,ii77bb771 for purposes of initiating or carrying out a removal proceeding4 4 #d4 ,whistleblower protections ,section #bad7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77 is amended by adding at the end the following3 7#ae7 ,whistleblower protections 7,a7 ,prohibitions ,a person may not discharge1 demote1 suspend1 threaten1 harass1 decline to hire1 or in any other manner discriminate against a worker in the terms and conditions of employment because such worker-- 7i7 has filed or has information about a potential complaint1 instituted or caused to be instituted any proceeding1 testified1 assisted1 or will testify1 or cooperated or seeks to cooperate1 in an investigation or other proceeding concerning compliance with the requirements under this title or any rule or regulation pertaining to this title or any workplace claim2 7ii7 has disclosed information to any other person or entity1 that the worker reasonably believes evidences a violation of this title or any rule or regulation pertaining to this title1 or grounds for any workplace claim2 7iii7 has assisted or participated1 or has information that may assist1 in any manner in a proceeding or in any other action to carry out the purposes of this title or any workplace claim2 7iv7 has furnished information to the ,department of ,labor1 the ,department of ,homeland ,security1 the ,department of ,justice1 the ,equal ,employment ,opportunity ,commission1 the ,national ,labor ,relations ,board1 or any ,federal1 ,state1 or local regulatory or law enforcement agency relating to a violation of this title or any workplace claim1 or has such information to furnish to the relevant agency2 or 7v7 has objected to1 or refused to participate in1 any activity1 policy1 practice1 or assigned task that the worker 7or other such individual7 reasonably believed to be in violation of any provision of this ,act or any other ,act1 or any order1 rule1 regulation1 standard1 or ban under any ,act4 7,b7 ,enforcement 7i7 ,in general ,a worker who believes that he or she has suffered a violation of subparagraph 7,a7 may seek relief in accordance with the procedures1 notifications1 burdens of proof1 remedies1 and statutes of limitation set forth in section #aead;,a of title #ah1 ,united ,states ,code4 7ii7 ,appeals 7,i7 ,jurisdiction ,any person adversely affected or aggrieved by an order issued under clause 7i7 may obtain review of the order in the ,united ,states ,court of ,appeals for-- 7aa7 the circuit in which the violation1 with respect to which the order was issued1 allegedly occurred2 or 7bb7 the circuit in which the complainant resided on the date of such violation4 7,,ii7 ,review of petition ,a petition for review under this subparagraph shall be filed not later than #fj days after the date on which the final order was issued by the ,secretary of ,labor4 7,,iii7 ,applicable law ,a review under this subparagraph shall conform to the provisions set forth in chapter #g of title #e1 ,united ,states ,code4 7,,iv7 ,stay of order ,unless ordered by the court1 the commencement of proceedings under this subparagraph shall not operate as a stay of the order by the ,secretary of ,labor4 7,c7 ,education ,each person1 entity1 and institution covered by this ,act shall-- 7i7 prominently communicate to all sectors and ranks of its labor force the rights and responsibilities under this ,act2 and 7ii7 provide associated education and training to all sectors and ranks of its labor force through notifications1 postings1 mailings1 and training classes1 supplemented with publicly accessible online materials on the requirements of1 and developments that would affect the implementation of this ,act4 7,d7 ,no limitation on rights ,nothing in this paragraph may be construed to diminish the rights1 privileges1 or remedies of any worker under any ,federal or ,state law1 equity1 or under any collective bargaining agreement4 ,the rights and remedies set forth in this paragraph may not be waived by any agreement1 policy1 form1 or condition of employment4 7,e7 ,definitions ,in this paragraph3 7i7 ,disclose ,the term disclose means to make a formal or informal communication or transmission4 7ii7 ,h-#b;,b worker ,the term ,h-#b;,b worker means a nonimmigrant authorized or previously authorized to work in the ,united ,states pursuant to section #aja7;a77#ae77;,h77ii77,b74 7iii7 ,material witness ,the term material witness means an individual who presents a declaration from an attorney investigating1 prosecuting1 or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that1 to the best of the declarant's knowledge and belief1 reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim4 7iv7 ,person ,the term person means any individual1 partnership1 association1 joint stock company1 trust1 cooperative1 or corporation4 7v7 ,state ,the term ,state means any of the ,states of the ,united ,states1 the ,district of ,columbia1 the ,united ,states ,virgin ,islands1 the ,commonwealth of ,puerto ,rico1 and ,guam4 7vi7 ,worker ,the term worker means an individual who is1 has been1 or is seeking to be employed or otherwise perform work for pay1 regardless of immigration status4 7vii7 ,workplace claim ,the term workplace claim means any written or oral claim1 charge1 complaint1 or grievance filed with1 communicated to1 or submitted to the employer1 a ,federal1 ,state1 or local agency or court1 or an employee representative related to workplace injury or illness or to the violation of applicable ,federal1 ,state1 and local labor laws or labor agreements1 including laws concerning wages and hours1 labor relations1 family and medical leave1 occupational health and safety1 civil rights1 nondiscrimination1 or other terms and conditions of employment4 4 #e4 ,investigation authority of the ,secretary of ,labor ,section #ejc4g of title #bi1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 shall have the full force and effect of law1 except that any authority delegated to the ,administrator of the ,wage and ,hour ,division of the ,department of ,labor shall be deemed to be delegated to the ,secretary of ,labor4 #f4 ,labor enforcement actions 7a7 ,removal proceedings ,section #bci7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;e77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,in cases where and inserting ,if2 and 7,b7 by inserting or as a result of information provided to the ,department of ,homeland ,security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights after paragraph 7#b72 and 7#b7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,at a facility about which a workplace claim has been filed or is contemporaneously filed4 4 7b7 ,unlawful employment of aliens ,section #bgd;,a7e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7e77 is amended by adding at the end the following3 7#aj7 ,conduct in enforcement actions 7,a7 ,enforcement action ,if the ,secretary of ,homeland ,security undertakes an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed1 or as a result of information provided to the ,department of ,homeland ,security in retaliation against employees for exercising their rights related to a workplace claim1 the ,secretary shall ensure that-- 7i7 any aliens arrested or detained who are victims of or material witnesses to workplace claim violations or criminal activity 7as described in subparagraph 7,t7 or 7,u7 of section #aja7;a77#ae77 are not removed from the ,united ,states until after the ,secretary-- 7,i7 notifies the appropriate agency with jurisdiction over such violations or criminal activity2 and 7,,ii7 provides such agency with the opportunity to interview such aliens2 and 7ii7 no aliens entitled to a stay of removal or abeyance of removal proceedings under this section are removed4 7,b7 ,protections for victims of crime1 labor1 and employment violations 7i7 ,stay of removal or abeyance of removal proceedings ,an alien against whom removal proceedings have been initiated under chapter #d of title ,,ii1 who has filed a workplace claim1 who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim or civil claim arising from criminal activity1 or who has filed for relief under section #aja7;a77#ae77,u71 shall be entitled to a stay of removal or an abeyance of removal proceedings and to employment authorization until the resolution of the workplace claim or the denial of relief under section #aja7;a77#ae77,u7 after exhaustion of administrative or judicial appeals1 whichever is later4 7ii7 ,duration ,any stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause 7i7 shall remain valid until the resolution of the workplace claim or the denial of relief under section #aja7;a77#ae77,u7 after the exhaustion of administrative or judicial appeals1 and shall be extended by the ,secretary of ,homeland ,security for a period of not longer than #aj additional years upon determining that-- 7,i7 such relief would enable the alien asserting a workplace claim or civil claim arising from criminal activity1 or assisting in investigation or prosecution of criminal activity1 to pursue the matter to resolution1 according to any agency administering any statute underlying these claims or any other credible evidence2 7,,ii7 the deterrent goals of any statute underlying a workplace claim1 criminal activity1 or civil claim arising from criminal activity would be served1 according to any agency administering such a statute or any other credible evidence2 or 7,,iii7 such extension would otherwise further the interests of justice4 7iii7 ,definitions ,in this paragraph3 7,i7 ,material witness ,notwithstanding any other provision of law1 the term material witness means an individual who presents a declaration from an attorney investigating1 prosecuting1 or defending the claim or from the presiding officer overseeing the claim attesting that1 to the best of the declarant's knowledge and belief1 reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim4 7,,ii7 ,workplace claim ,the term workplace claim means any written or oral claim1 charge1 complaint1 or grievance filed with1 communicated to1 or submitted to the employer1 a ,federal1 ,state1 or local agency or court1 or an employee representative related to the workplace injury or illness or to the violation of applicable ,federal1 ,state1 and local labor laws1 including laws concerning wages and hours1 labor relations1 family and medical leave1 occupational health and safety1 civil rights1 or nondiscrimination4 7,,iii7 ,civil claim arising from criminal activity ,the term civil claim arising from criminal activity means any written or oral claim1 charge1 complaint1 or grievance filed with1 communicated to1 or submitted to a ,federal1 ,state1 or local agency or court related to the violation of applicable ,federal1 ,state1 and local laws arising from criminal activity described in section #aja7;a77#ae77,u77iii74 4 7c7 ,continued application of workforce and labor protection remedies ,section #bgd;,a7e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7e771 as amended by subsection 7b71 is further amended by adding at the end the following3 7#aa7 ,rights1 remedies1 and relief ,notwithstanding an employee's status as an unauthorized noncitizen during the time of relevant employment or during the back pay period or the failure of the employer or employee to comply with the requirements under this section or with any other provision of ,federal law relating to the unlawful employment of noncitizens-- 7,a7 all rights1 remedies1 and relief provided under any ,federal1 ,state1 or local law relating to workplace rights1 including reinstatement and back pay1 are available to such employee2 and 7,b7 a court may not prohibit such an employee from pursuing other causes of action giving rise to liability in a civil action4 4 #g4 ,h-#b;,b worker grants 7a7 ,technical training grants 7#a7 ,in general ,not later than #c months after the date of enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security shall award funds to qualified nonprofit1 nongovernmental organizations and labor organizations to assist ,h-#b;,b workers with applications for adjustment of status4 7#b7 ,application ,to be eligible to receive a grant under this subsection1 a labor organization or qualified nonprofit1 nongovernmental organization shall submit to the ,secretary of ,homeland ,security an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,use of funds ,funds received pursuant to this subsection shall only be used to assist ,h-#b;,b workers with applications for adjustment of status4 7b7 ,know your rights grants 7#a7 ,in general ,not later than a year after the date of enactment of this ,act1 and each year thereafter1 the ,secretary of ,labor shall award #c-year grants to qualified nonprofit1 nongovernmental organizations and labor organizations to-- 7,a7 train ,h-#b;,b workers on their rights before such workers begin employment2 and 7,b7 conduct surveys after such employment ends to document treatment and conditions of such workers4 7#b7 ,application ,to be eligible to receive a grant under this subsection1 a labor organization or qualified nonprofit1 nongovernmental organization shall submit to the ,secretary of ,labor an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,use of funds ,funds received pursuant to this subsection shall only be used to provide information to ,h-#b;,b workers with respect to the rights of such workers4 #h4 ,adjustment of status for long-term ,h-#b;,b workers 7a7 ,requirements for adjustment of status ,the ,secretary of ,homeland ,security shall adjust the status of an alien from that of an alien admitted pursuant to section #aja7;a77#ae77;,h77ii77,b7 to that of a lawful permanent resident if the alien submits a completed application1 including such processing fees as the ,secretary of ,homeland ,security may require1 and the ,secretary of ,homeland ,security determines that-- 7#a7 the applicant has completed not less than #ah months of employment as an ,h-#b;,b worker within a #aj-year period2 7#b7 the applicant has not become ineligible for ,h-#b;,b worker status under section #bah;,a of the ,immigration and ,nationality ,act1 as added by this ,act2 and 7#c7 the applicant meets the requirements set forth by the ,secretary of ,labor and the ,secretary of ,homeland ,security1 except that the applicant may not be required to acquire a permanent labor certification from the ,secretary of ,labor under section #bab7;a77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#e77;,a774 7b7 ,dependent aliens ,the spouse and each child of an alien described in paragraph 7#a7 whose status has been adjusted to that of a lawful permanent resident may be granted lawful permanent residence and shall be exempt from the numerical limitations4 7c7 ,numerical limitation ,not later than #f months after the date of enactment of this ,act1 the worldwide level of immigrants admitted under this section shall not exceed #dj1jdj for each fiscal year1 and may not equal less than one-third of the ,h-#b;,b visas issued each fiscal year1 unless an insufficient number of applications for adjustment to lawful permanent status have been filed under this section4 7d7 ,effect of pending application ,during the period beginning on the date on which an alien applies for adjustment of status under this subtitle1 and ending on the date on which the ,secretary of ,homeland ,security makes a final administrative decision regarding such application1 the alien and any dependents included on the application-- 7#a7 may apply for advance parole1 which shall be granted upon demonstrating a legitimate need to travel outside the ,united ,states for a temporary purpose2 7#b7 may not be detained by the ,secretary of ,homeland ,security or removed from the ,united ,states unless the ,,uscis makes a prima facie determination that such alien is1 or has become1 ineligible for adjustment of status under subsection 7a72 7#c7 may not be considered unlawfully present under section #bab7;a77#i77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b772 and 7#d7 may not be considered an unauthorized alien 7as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c7774 7e7 ,retroactive eligibility and numerical exemption ,any nonimmigrant who has accrued #cf months of ,h-#b;,b employment over the #aj years prior to the date of enactment of this ,act shall be eligible to submit within #b years after such date an application for adjustment of status to that of a lawful permanent resident1 and such adjustment shall be exempt from all employment-based numerical and per-country limits4 7f7 ,conforming amendments 7#a7 ,in general ,section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b77 is amended by striking which he has no intention of abandoning4 7#b7 ,no evidence ,section #bad7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;h77 is amended by inserting or 7,h77ii77b7 after 7,h77i77b74 #i4 ,authorization of appropriations ,there are authorized to be appropriated for fiscal year #bjbb and each fiscal year thereafter such sums as may be necessary for the purposes of carrying out this ,act and the amendments made by this ,act1 including-- 7#a7 recruiting ,united ,states workers for labor or services which might otherwise be performed by ,h-#b;,b workers1 including by ensuring that ,state workforce agencies are sufficiently funded to fulfill their functions under the ,h-#b;,b program2 7#b7 enabling the ,secretary of ,labor to issue relevant grants1 make determinations and certifications under the ,h-#b;,b program in accordance with this ,act and the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 including the operation of the publicly accessible online job registry and database of job orders described in section #e7;b7 of this ,act2 7#c7 processing visas for workers engaged in labor disputes and for victims of workplace and other crimes2 and 7#d7 monitoring the terms and conditions under which ,h-#b;,b workers 7and ,united ,states workers employed by the same employers7 are employed in the ,united ,states4 #aj4 ,rulemaking ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,labor and the ,secretary of ,homeland ,security shall make rules to carry out this ,act and the amendments made by this ,act4