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of Title 34, Crime Control and Law En- forcement, amended sections 10448, 10465, 12464, 12351, and 12409 of Title 34, repealed former section 3796gg–2 of Title 42, The Public Health and Welfare, and amended provisions set out as a note under section 10447 of Title 34.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 L. 109–162 repealed sec- tion 1375 of this title. AMENDMENTS 2013—Subsec. (a)(2)(H). Pub. L. 113–4, § 808(b), sub- stituted ‘‘the National Sex Offender Public Website’’ for ‘‘Federal and State sex offender public registries’’. Subsec. (a)(5)(A)(iii). Pub. L. 113–4, § 807(b)(1)(A), sub- stituted ‘‘State, for inclusion in the mailing described in clause (i), any’’ for ‘‘State any’’ in the first sentence and struck out the last sentence which read as follows: ‘‘Nothing in this clause shall be construed to authorize the Secretary of Homeland Security to conduct any new or additional criminal background check that is not otherwise conducted in the course of adjudicating such petitions.’’ Subsec. (a)(5)(A)(iv), (v). Pub. L. 113–4, § 807(b)(1)(B), added cls. (iv) and (v). Subsec. (b)(1)(A). Pub. L. 113–4, § 807(b)(2), substituted ‘‘orders and criminal’’ for ‘‘orders or criminal’’. Subsec. (d)(1). Pub. L. 113–4, § 808(c)(1), amended par. (1) generally. Prior to amendment, text read as follows: ‘‘An international marriage broker shall not provide any individual or entity with the personal contact in- formation, photograph, or general information about the background or interests of any individual under the age of 18.’’ Subsec. (d)(2)(A)(i). Pub. L. 113–4, § 808(c)(2)(A), sub- stituted ‘‘website’’ for ‘‘registries’’ in heading and ‘‘Website,’’ for ‘‘Registry or State sex offender public registry,’’ in text. Subsec. (d)(2)(B)(ii). Pub. L. 113–4, § 808(c)(2)(B), sub- stituted ‘‘stalking, or an attempt to commit any such crime.’’ for ‘‘or stalking.’’ Subsec. (d)(3)(A)(i). Pub. L. 113–4, § 808(c)(3)(A)(i), which directed substitution of ‘‘Website’’ for ‘‘Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Of- fender Public Registry, in which the United States cli- ent has resided during the previous 20 years,’’, was exe- cuted by making the substitution for ‘‘Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Of- fender Public Registry in which the United States cli- ent has resided during the previous 20 years,’’ to reflect the probable intent of Congress. Subsec. (d)(3)(A)(iii)(II). Pub. L. 113–4, § 808(c)(3)(A)(ii), substituted ‘‘signed certification and accompanying documentation or attestation regarding the background information collected under paragraph (2)(B);’’ for ‘‘background information collected by the international marriage broker under paragraph (2)(B);’’. Subsec. (d)(3)(C). Pub. L. 113–4, § 808(c)(3)(B), struck out subpar. (C). Text read as follows: ‘‘A person who knowingly discloses, uses, or causes to be used any in- formation obtained by an international marriage broker as a result of the obligations imposed on it under paragraph (2) and this paragraph for any purpose other than the disclosures required under this para- graph shall be fined in accordance with title 18 or im- prisoned not more than 1 year, or both. These penalties are in addition to any other civil or criminal liability under Federal or State law which a person may be sub- ject to for the misuse of that information, including to threaten, intimidate, or harass any individual. Nothing in this section shall prevent the disclosure of such in- formation to law enforcement or pursuant to a court order.’’ Subsec. (d)(5)(A)(ii). Pub. L. 113–4, § 808(c)(4)(A), sub- stituted ‘‘At the discretion of the Attorney General, a penalty may be imposed under clause (i) either by a Federal judge, or by the Attorney General’’ for ‘‘A pen- alty may be imposed under clause (i) by the Attorney General only’’. Subsec. (d)(5)(B). Pub. L. 113–4, § 808(c)(4)(B), amended subpar. (B) generally. Prior to amendment, text read as follows: ‘‘In circumstances in or affecting interstate or foreign commerce, an international marriage broker that, within the special maritime and territorial juris- diction of the United States, violates (or attempts to violate) paragraph (1), (2), (3), or (4) shall be fined in ac- cordance with title 18 or imprisoned for not more than 5 years, or both.’’ Subsec. (d)(5)(C). Pub. L. 113–4, § 808(c)(4)(C), sub- stituted ‘‘including equitable remedies.’’ for period at end. Subsec. (d)(6) to (8). Pub. L. 113–4, § 808(c)(5), (6), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively. Subsec. (f). Pub. L. 113–4, § 808(d)(1), substituted ‘‘studies and reports’’ for ‘‘study and report’’ in head- ing. Subsec. (f)(4). Pub. L. 113–4, § 808(d)(2), added par. (4). § 1375b. Protections for domestic workers and other nonimmigrants (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 At- torney 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 dis- tributed 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 edu- cation-based non-immigrant visa applicants, and where sufficient video facilities exist in waiting or other rooms where applicants wait Page 472 TITLE 8—ALIENS AND NATIONALITY § 1375b or convene. The Secretary of State is author- ized to augment video facilities in such con- sulates or embassies in order to fulfill the pur- poses of this section. (2) Consultation In developing the information pamphlet under paragraph (1), the Secretary of State shall consult with nongovernmental organiza- tions with expertise on the legal rights of workers and victims of severe forms of traf- ficking 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 proc- esses, including information about the port- ability of employment; (2) the legal rights of employment or edu- cation-based nonimmigrant visa holders under Federal immigration, labor, and employment law; (3) the illegality of slavery, peonage, traf- ficking 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 exploi- tation, 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 retal- iation; (D) the right of the nonimmigrant to relin- quish possession of his or her passport to his or her employer; (E) the requirement of an employment contract between the employer and the non- immigrant; and (F) an explanation of the rights and pro- tections included in the contract described in subparagraph (E); and (5) information about nongovernmental or- ganizations that provide services for victims of trafficking in persons and worker exploi- tation, including— (A) anti-trafficking in persons telephone hotlines operated by the Federal Govern- ment; (B) the Operation Rescue and Restore hot- line; 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 pam- phlet 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 de- termine the specific languages into which the information pamphlet will be translated and the video produced or dubbed based on the lan- guages spoken by the greatest concentrations of employment- or education-based non- immigrant visa applicants. (d) Availability and distribution (1) Posting on Federal websites The information pamphlet and video devel- oped under subsection (a) shall be posted on the websites of the Department of State, the Department of Homeland Security, the De- partment of Justice, the Department of Labor, and all United States consular posts proc- essing applications for employment- or edu- cation-based nonimmigrant visas. (2) Other distribution The information pamphlet and video devel- oped under subsection (a) shall be made avail- able to any— (A) government agency; (B) nongovernmental advocacy organiza- tion; 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 lan- guages referred to in subsection (c). (4) Deadline for video development and dis- tribution 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 De- partment of State (1) Interviews A consular officer conducting an interview of an alien for an employment-based non- immigrant 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 de- scribed in subsections (a) and (b), distribute and orally disclose to the alien the informa- tion 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 pam- phlet 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; 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