8 U.S.C. § 1375c — Protections, remedies, and limitations on

Page 473 TITLE 8—ALIENS AND NATIONALITY § 1375c 1 So in original. Probably should be ‘‘(b)(2),’’. 2 So in original. (B) the illegality of slavery, peonage, traf- ficking 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 exploi- tation, 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 re- taliation. (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, in- cluding victim services complaint hotlines. (f) Definitions In this section: (1) Employment- or education-based non- immigrant visa The term ‘‘employment- or education-based nonimmigrant visa’’ means— (A) a nonimmigrant visa issued under sub- paragraph (A)(iii), (G)(v), (H), or (J) of sec- tion 1101(a)(15) of this title; and (B) any nonimmigrant visa issued to a per- sonal or domestic servant who is accom- panying or following to join an employer. (2) Severe forms of trafficking in persons The term ‘‘severe forms of trafficking in per- sons’’ has the meaning given the term in sec- tion 7102 of title 22. (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 viola- tion of section 1466A, 1589, 1591, 1592, 2251, or 2251A of title 18. (Pub. L. 110–457, title II, § 202, Dec. 23, 2008, 122 Stat. 5055; Pub. L. 113–4, title XII, § 1206, Mar. 7, 2013, 127 Stat. 140.) Editorial Notes CODIFICATION Section was enacted as part of the William Wilber- force Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Immigration and Na- tionality Act which comprises this chapter. AMENDMENTS 2013—Subsec. (a). Pub. L. 113–4, § 1206(1)(A), inserted ‘‘and video for consular waiting rooms’’ after ‘‘Informa- tion pamphlet’’ in heading. Subsec. (a)(1). Pub. L. 113–4, § 1206(1)(B), inserted ‘‘and video’’ after ‘‘information pamphlet’’ and inserted at end ‘‘The video shall be distributed and shown in con- sular waiting rooms in embassies and consulates appro- priate to the circumstances that are determined to have the greatest concentration of employment or edu- cation-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 pur- poses of this section.’’ Subsec. (b). Pub. L. 113–4, § 1206(2), inserted ‘‘and video’’ after ‘‘information pamphlet’’ in introductory provisions. Subsec. (c)(1). Pub. L. 113–4, § 1206(3)(A), inserted ‘‘and produce or dub the video’’ after ‘‘information pam- phlet’’. Subsec. (c)(2). Pub. L. 113–4, § 1206(3)(B), inserted ‘‘and the video produced or dubbed’’ after ‘‘translated’’. Subsec. (d)(1). Pub. L. 113–4, § 1206(4)(A), inserted ‘‘and video’’ after ‘‘information pamphlet’’. Subsec. (d)(2). Pub. L. 113–4, § 1206(4)(B), inserted ‘‘and video’’ after ‘‘information pamphlet’’ in introductory provisions. Subsec. (d)(4). Pub. L. 113–4, § 1206(4)(C), added par. (4). § 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 em- ployed, or has signed a contract to be em- ployed containing the requirements set forth in subsection (d)(2),1 by an officer of a diplo- matic mission or consular post; or (B) a G–5 visa unless the applicant is em- ployed, or has signed a contract to be em- ployed 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 deter- mines and reports to the appropriate congres- sional committees, in advance, the reasons a shorter period is in the national interest,,2 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 judge- ment directly or indirectly related to human trafficking against the employer or a family member assigned to the embassy, or the diplo- matic 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 Gov- ernment 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 inter- national organizations The Secretary may suspend the application of the limitation under paragraph (2) if the Secretary determines and reports to the ap- propriate congressional committees that, as applicable, the unpaid default judgment or final civil judgement has been resolved, the diplomatic mission or international organiza- tion hosting the employer or family member Page 474 TITLE 8—ALIENS AND NATIONALITY § 1375c has waived immunity for the employer or fam- ily member or the country that accredited the employer or family member or the country of citizenship of the employer or family member completed the prosecution of the employer or family member, and the diplomatic mission or international organization hosting the em- ployer or family member has a mechanism in place to ensure that such abuse or exploi- tation does not reoccur with respect to any alien employed by an employee of such mis- sion or institution. (b) Protections and remedies for A–3 and G–5 nonimmigrants employed by diplomats and staff of international organizations (1) In general The Secretary may not issue or renew an A–3 visa or a G–5 visa unless— (A) the visa applicant has executed a con- tract with the employer or prospective em- ployer containing provisions described in paragraph (2); and (B) a consular officer has conducted a per- sonal interview with the applicant outside the presence of the employer or any recruit- ment agent in which the officer reviewed the terms of the contract and the provisions of the pamphlet required under section 1375b of this title. (2) Mandatory contract The contract between the employer and do- mestic worker required under paragraph (1) shall include— (A) an agreement by the employer to abide by all Federal, State, and local laws in the United States; (B) information on the frequency and form of payment, work duties, weekly work hours, holidays, sick days, and vacation days; and (C) an agreement by the employer not to withhold the passport, employment con- tract, or other personal property of the em- ployee. (3) Training of consular officers The Secretary shall provide appropriate training to consular officers on the fair labor standards described in the pamphlet required under section 1375b of this title, trafficking in persons, and the provisions of this section. (4) Record keeping (A) In general The Secretary shall maintain records on the presence of nonimmigrants holding an A–3 visa or a G–5 visa in the United States, including— (i) information about when the non- immigrant entered and permanently exited the country of residence; (ii) the official title, contact informa- tion, and immunity level of the employer; and (iii) information regarding any allega- tions of employer abuse received by the Department of State. (c) Protection from removal during legal actions against former employers (1) Remaining in the United States to seek legal redress (A) Effect of complaint filing Except as provided in subparagraph (B), if a nonimmigrant holding an A–3 visa or a G–5 visa working in the United States files a civil action under section 1595 of title 18 or a civil action regarding a violation of any of the terms contained in the contract or viola- tion of any other Federal, State, or local law in the United States governing the terms and conditions of employment of the non- immigrant that are associated with acts covered by such section, the Attorney Gen- eral and the Secretary of Homeland Security shall permit the nonimmigrant to remain le- gally in the United States for time sufficient to fully and effectively participate in all legal proceedings related to such action. (B) Exception An alien described in subparagraph (A) may be deported before the conclusion of the legal proceedings related to a civil action described in such subparagraph if such alien is— (i) inadmissible under paragraph (2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i), (3)(A)(iii), (3)(B), (3)(C), or (3)(F) of section 1182(a) of this title; or (ii) deportable under paragraph (2)(A)(ii), (2)(A)(iii), (4)(A)(i), (4)(A)(iii), (4)(B), or (4)(C) of section 1227(a) of this title. (C) Failure to exercise due diligence If the Secretary of Homeland Security, after consultation with the Attorney Gen- eral, determines that the nonimmigrant holding an A–3 visa or a G–5 visa has failed to exercise due diligence in pursuing an ac- tion described in subparagraph (A), the Sec- retary may terminate the status of the A–3 or G–5 nonimmigrant. (2) Authorization to work The Attorney General and the Secretary of Homeland Security shall authorize any non- immigrant described in paragraph (1) to en- gage in employment in the United States dur- ing the period the nonimmigrant is in the United States pursuant to paragraph (1). (d) Study and report (1) Investigation report (A) In general Not later than 180 days after December 23, 2008, and every 2 years thereafter for the fol- lowing 10 years, the Secretary shall submit a report to the appropriate congressional com- mittees on the implementation of this sec- tion. (B) Contents The report submitted under subparagraph (A) shall include— (i) an assessment of the actions taken by the Department of State and the Depart- ment of Justice to investigate allegations of trafficking or abuse of nonimmigrants holding an A–3 visa or a G–5 visa; and Page 475 TITLE 8—ALIENS AND NATIONALITY § 1376 3 So in original. Probably should be ‘‘April 18, 1961 (23 U.S.T. 3227),’’. (ii) the results of such investigations. (2) Feasibility of oversight of employees of dip- lomats and representatives of other institu- tions report Not later than 180 days after December 23, 2008, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of— (A) establishing a system to monitor the treatment of nonimmigrants holding an A–3 visa or a G–5 visa who have been admitted to the United States; (B) a range of compensation approaches, such as a bond program, compensation fund, or insurance scheme, to ensure that such nonimmigrants receive appropriate com- pensation if their employers violate the terms of their employment contracts; and (C) with respect to each proposed com- pensation approach described in subpara- graph (B), an evaluation and proposal de- scribing the proposed processes for— (i) adjudicating claims of rights viola- tions; (ii) determining the level of compensa- tion; and (iii) administering the program, fund, or scheme. (e) Assistance to law enforcement investigations The Secretary shall cooperate, to the fullest extent possible consistent with the United States obligations under the Vienna Convention on Diplomatic Relations, done at Vienna, April 18, 1961, (23 U.S.T. 3229),3 with any investigation by United States law enforcement authorities of crimes related to abuse or exploitation of a non- immigrant holding an A–3 visa or a G–5 visa. (f) Definitions In this section: (1) A–3 visa The term ‘‘A–3 visa’’ means a nonimmigrant visa issued pursuant to section 1101(a)(15)(A)(iii) of this title. (2) G–5 visa The term ‘‘G–5 visa’’ means a nonimmigrant visa issued pursuant to section 1101(a)(15)(G)(v) of this title. (3) Secretary The term ‘‘Secretary’’ means the Secretary of State. (4) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. (Pub. L. 110–457, title II, § 203, Dec. 23, 2008, 122 Stat. 5057; Pub. L. 115–425, title I, § 123, Jan. 8, 2019, 132 Stat. 5479.) Editorial Notes CODIFICATION Section was enacted as part of the William Wilber- force Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Immigration and Na- tionality Act which comprises this chapter. AMENDMENTS 2019—Subsec. (a)(2). Pub. L. 115–425, § 123(1), sub- stituted ‘‘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,’’ for ‘‘for such period as the Secretary determines necessary’’ and ‘‘there is an unpaid default or final civil judgement di- rectly or indirectly related to human trafficking against the employer or a family member assigned to the embassy, or the diplomatic mission or inter- national 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 mem- ber or, in the case of international organizations, the country of citizenship, has not initiated prosecution against the employer or family member.’’ for ‘‘the Sec- retary determines that there is credible evidence that 1 or more employees of such mission or international organization have abused or exploited 1 or more non- immigrants holding an A–3 visa or a G–5 visa, and that the diplomatic mission or international organization tolerated such actions.’’ Subsec. (a)(3). Pub. L. 115–425, § 123(2), substituted ‘‘, as applicable, the unpaid default judgment or final civil judgement has been resolved, the diplomatic mis- sion or international organization hosting the em- ployer or family member has waived immunity for the employer or family member or the country that accred- ited the employer or family member or the country of citizenship of the employer or family member com- pleted the prosecution of the employer or family mem- ber, and the diplomatic mission or international orga- nization hosting the employer or family member has a mechanism in place’’ for ‘‘a mechanism is in place’’. § 1376. Data on nonimmigrant overstay rates (a) Collection of data Not later than the date that is 180 days after April 27, 1998, the Attorney General shall imple- ment a program to collect data, for each fiscal year, regarding the total number of aliens with- in each of the classes of nonimmigrant aliens de- scribed in section 1101(a)(15) of this title whose authorized period of stay in the United States terminated during the previous fiscal year, but who remained in the United States notwith- standing such termination. (b) Annual report Not later than June 30, 1999, and not later than June 30 of each year thereafter, the Attorney General shall submit an annual report to the Congress providing numerical estimates, for each country for the preceding fiscal year, of the number of aliens from the country who are de- scribed in subsection (a). (Pub. L. 105–173, § 2, Apr. 27, 1998, 112 Stat. 56.) Editorial Notes CODIFICATION Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter.