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8 U.S.C. § 1375b — Protections for domestic workers and other nonimmigrants

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1375b — Protections for domestic workers and other nonimmigrants

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Stable record: federal_law:legal_authorities:record_usc_618182a0c20d0ac063f21b41
Source file: Laws/federal/codes/united-states-code/title-8/section-1375b-protections-for-domestic-workers-and-other-nonimmigrants--3489e0339b.md
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Source location: Title 8, Chapter 12, § 1375b; chapter-012-immigration-and-nationality.md

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**(a) Information pamphlet and video for consular waiting rooms** (1) **Development and distribution** — The Secretary of State, in consultation with the Secretary of Homeland Security, the Attorney General, and the Secretary of Labor, shall develop an information pamphlet and video on legal rights and resources for aliens applying for employment- or education-based nonimmigrant visas. The video shall be distributed and shown in consular waiting rooms in embassies and consulates appropriate to the circumstances that are determined to have the greatest concentration of employment or education-based non-immigrant visa applicants, and where sufficient video facilities exist in waiting or other rooms where applicants wait or convene. The Secretary of State is authorized to augment video facilities in such consulates or embassies in order to fulfill the purposes of this section. (2) **Consultation** — In developing the information pamphlet under paragraph (1), the Secretary of State shall consult with nongovernmental organizations with expertise on the legal rights of workers and victims of severe forms of trafficking in persons. **(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** — To best serve the language groups having the greatest concentration of employment-based nonimmigrant visas, the Secretary of State shall translate the information pamphlet and produce or dub the video developed under subsection (a) into all relevant foreign languages, to be determined by the Secretary based on the languages spoken by the greatest concentrations of employment- or education-based nonimmigrant visa applicants. (2) **Revision** — Every 2 years, the Secretary of State, in consultation with the Attorney General and the Secretary of Homeland Security, shall determine the specific languages into which the information pamphlet will be translated and the video produced or dubbed based on the languages spoken by the greatest concentrations of employment- or education-based nonimmigrant visa applicants. **(d) Availability and distribution** (1) **Posting on Federal websites** — The information pamphlet and video developed under subsection (a) shall be posted on the websites of the Department of State, the Department of Homeland Security, the Department of Justice, the Department of Labor, and all United States consular posts processing applications for employment- or education-based nonimmigrant visas. (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** — Not later than 180 days after December 23, 2008, the Secretary of State shall distribute and make available the information pamphlet developed under subsection (a) in all the languages referred to in subsection (c). (4) **Deadline for video development and distribution** — Not later than 1 year after March 7, 2013, the Secretary of State shall make available the video developed under subsection (a) produced or dubbed in all the languages referred to in subsection (c). **(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** — In carrying out the disclosure requirement under this subsection, the consular officer shall disclose to the alien the availability of services for victims of human trafficking and worker exploitation in the United States, including victim services complaint hotlines. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim); 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** — The term “severe forms of trafficking in persons” has the meaning given the term in [section 7102 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim). (3) **Secretary** — The term “Secretary” means the Secretary of State. (4) **Abusing and exploiting** — The term “abusing and exploiting” means any conduct which would constitute a violation of section 1466A, 1589, 1591, 1592, 2251, or 2251A of title 18.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7102 — Definitions

In this chapter: (1) **Abuse or threatened abuse of law or legal process** — The term “abuse or threatened abuse of the legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action. (2) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (3) **Coercion** — The term “coercion” means— (A) threats of serious harm to or physical restraint against any person; (B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (C) the abuse or threatened abuse of the legal process. (4) **Commercial sex act** — The term “commercial sex act” means any sex act on account of which anything of value is given to or received by any person. (5) **Concrete actions** — The term “concrete actions” means actions that demonstrate increased efforts by the government of a country to meet the minimum standards for the elimination of trafficking, including any of the following: (A) Enforcement actions taken. (B) Investigations actively underway. (C) Prosecutions conducted. (D) Convictions attained. (E) Training provided. (F) Programs and partnerships actively underway. (G) Efforts to prevent severe forms of trafficking, including programs to reduce the vulnerability of particul

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1375c — Protections, remedies, and limitations on issuance for A–3 and G–5 visas

**(a) Limitations on issuance of A–3 and G–5 visas** (1) **Contract requirement** — Notwithstanding any other provision of law, the Secretary of State may not issue— (A) an A–3 visa unless the applicant is employed, or has signed a contract to be employed containing the requirements set forth in subsection (d)(2),11 So in original. Probably should be “(b)(2),”. by an officer of a diplomatic mission or consular post; or (B) a G–5 visa unless the applicant is employed, or has signed a contract to be employed by an employee in an international organization. (2) **Suspension requirement** — Notwithstanding any other provision of law, the Secretary shall suspend, for a period of at least 1 year, except if the Secretary determines and reports to the appropriate congressional committees, in advance, the reasons a shorter period is in the national interest,,22 So in original. the issuance of A–3 visas or G–5 visas to applicants seeking to work for officials of a diplomatic mission or an international organization, if there is an unpaid default or final civil judgement directly or indirectly related to human trafficking against the employer or a family member assigned to the embassy, or the diplomatic mission or international organization hosting the employer or family member has not responded affirmatively to a request to waive immunity within 6 weeks of the request in a case brought by the United States Government and the country that accredited the employer or family member or, in the case of international organizations, the country of citizenship, has not initiated prosecution against the employer or family member. (3) **Action by diplomatic missions or international organizations** — The Secretary may suspend the application of the limitation under paragraph (2) if

Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1375c

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1375b — Protections for domestic workers and

Page 471 TITLE 8—ALIENS AND NATIONALITY § 1375b State shall collect and maintain the data necessary for the Comptroller General to conduct the study required by paragraph (1)(A). (Pub. L. 109–162, title VIII, § 833, Jan. 5, 2006, 119 Stat. 3068; Pub. L. 113–4, title VIII, §§ 807(b), 808(b)–(d), Mar. 7, 2013, 127 Stat. 113–116.) Editorial Notes REFERENCES IN TEXT Section 3 of this Act, referred to in subsec. (e)(2), is section 3 of Pub. L. 109–162, which enacted sections 10447 and 12291 of Title 34, Crime Control and Law En- forcement, amended sections 10448, 10465, 12464, 12351, and 12409 of Title 34, repealed former section 3796gg–2 of Title 42, The Public Health and Welfare, and amended provisions set out as a note under section 10447 of Title 34. Section 832, referred to in subsec. (f)(1)(A), (C), is sec- tion 832 of Pub. L. 109–162, which amended section 1184 of this title and enacted provisions set out as notes under section 1184 of this title. This Act, referred to in subsec. (f)(1)(A)(ii), (v), and (viii), is Pub. L. 109–162, Jan. 5, 2006, 119 Stat. 2960, known as the Violence Against Women and Department of Justice Reauthorization Act of 2005. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of Title 34, Crime Control and Law Enforcement, and Tables. CODIFICATION Section was enacted as part of the International Mar- riage Broker Regulation Act of 2005, and also as part of the Violence Against Women and Department of Jus- tice Reauthorization Act of 2005, and not as part of the Immigration and Nationality Act which comprises this chapter. Section is comprised of section 833 of Pub. L. 109–162. Subsec. (g) of section 833 of Pub. L. 109–162 repealed sec- tion 1375 of th

Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1375b

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