§1375c — Title 8 Aliens and Nationality | U.S. Code

Summary

Stops most A–3 and G–5 visas unless the person will work for a diplomat or an international organization employee and has a signed job contract and a private consular interview where the contract and a rights pamphlet are reviewed. The job contract must promise the employer will follow U.S. laws, explain pay, duties, hours, holidays, sick and vacation days, and agree not to keep the worker’s passport or personal property. Consular officers must get training about fair work rules, trafficking, and these rules. The State Department must keep records on arrivals and exits, the employer’s title and contact and immunity level, and any abuse reports. If an employer or an assigned family member has an unpaid final civil judgment related to human trafficking, or a mission or organization does not waive immunity within 6 weeks of a U.S. government request and the home country has not prosecuted, the Secretary must suspend issuing A–3 or G–5 visas for at least 1 year unless a shorter period is reported as needed for national interests. The Secretary can lift that suspension if the judgment is resolved, immunity is waived or prosecution finished, and the mission or organization has steps to prevent future abuse. If a visa holder sues in U.S. court over trafficking or contract or labor violations, the government must let them stay long enough to take part in the case and may allow them to work while the case goes on. They can still be deported before the case ends if they are barred or removable under the immigration laws listed in the statute, and the Secretary can end their status if they do not act with due diligence. The Secretary must report to Congress not later than 180 days after December 23, 2008, and then every 2 years for 10 years about how these rules are working, including investigations and results, and must also report within 180 days after December 23, 2008 on possible systems to monitor treatment and pay compensation (like bonds, funds, or insurance) and how those would work. The State Department must help law enforcement investigations into abuse as much as it can while following the Vienna Convention. Definitions: A–3 visa — a nonimmigrant visa category for domestic workers of diplomatic missions. G–5 visa — a nonimmigrant visa category for domestic workers of international organizations. Secretary — the Secretary of State. Appropriate congressional committees — House Foreign Affairs and House Judiciary; Senate Foreign Relations and Senate Judiciary.

Title 8, §1375c

Aliens and Nationality — Source: USLM XML via OLRC

(a)(1)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)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)The Secretary may suspend the application of the limitation under paragraph (2) if the Secretary determines and reports to the appropriate congressional committees that, as applicable, the unpaid default judgment or final civil judgement has been resolved, the diplomatic mission or international organization hosting the employer or family member has waived immunity for the employer or family 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 employer or family member has a mechanism in place to ensure that such abuse or exploitation does not reoccur with respect to any alien employed by an employee of such mission or institution.

(b)(1)The Secretary may not issue or renew an A–3 visa or a G–5 visa unless—

(A)the visa applicant has executed a contract with the employer or prospective employer containing provisions described in paragraph (2); and

(B)a consular officer has conducted a personal interview with the applicant outside the presence of the employer or any recruitment 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)The contract between the employer and domestic 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 contract, or other personal property of the employee.

(3)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)(A)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 nonimmigrant entered and permanently exited the country of residence;

(ii)the official title, contact information, and immunity level of the employer; and

(iii)information regarding any allegations of employer abuse received by the Department of State.

(c)(1)(A)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 violation of any other Federal, State, or local law in the United States governing the terms and conditions of employment of the nonimmigrant that are associated with acts covered by such section, the Attorney General and the Secretary of Homeland Security shall permit the nonimmigrant to remain legally in the United States for time sufficient to fully and effectively participate in all legal proceedings related to such action.

(B)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)If the Secretary of Homeland Security, after consultation with the Attorney General, determines that the nonimmigrant holding an A–3 visa or a G–5 visa has failed to exercise due diligence in pursuing an action described in subparagraph (A), the Secretary may terminate the status of the A–3 or G–5 nonimmigrant.

(2)The Attorney General and the Secretary of Homeland Security shall authorize any nonimmigrant described in paragraph (1) to engage in employment in the United States during the period the nonimmigrant is in the United States pursuant to paragraph (1).

(d)(1)(A)Not later than 180 days after December 23, 2008, and every 2 years thereafter for the following 10 years, the Secretary shall submit a report to the appropriate congressional committees on the implementation of this section.

(B)The report submitted under subparagraph (A) shall include—

(i)an assessment of the actions taken by the Department of State and the Department of Justice to investigate allegations of trafficking or abuse of nonimmigrants holding an A–3 visa or a G–5 visa; and

(ii)the results of such investigations.

(2)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 compensation if their employers violate the terms of their employment contracts; and

(C)with respect to each proposed compensation approach described in subparagraph (B), an evaluation and proposal describing the proposed processes for—

(i)adjudicating claims of rights violations;

(ii)determining the level of compensation; and

(iii)administering the program, fund, or scheme.

(e)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),33 So in original. Probably should be “April 18, 1961 (23 U.S.T. 3227),”. with any investigation by United States law enforcement authorities of crimes related to abuse or exploitation of a nonimmigrant holding an A–3 visa or a G–5 visa.

(f)In this section:

(1)The term “A–3 visa” means a nonimmigrant visa issued pursuant to section 1101(a)(15)(A)(iii) of this title.

(2)The term “G–5 visa” means a nonimmigrant visa issued pursuant to section 1101(a)(15)(G)(v) of this title.

(3)The term “Secretary” means the Secretary of State.

(4)The term “appropriate congressional committees” 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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Immigration and Nationality Act which comprises this chapter.

Amendments

2019—Subsec. (a)(2). Pub. L. 115–425, § 123(1), substituted “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 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.” for “the Secretary determines that there is credible evidence that 1 or more employees of such mission or international organization have abused or exploited 1 or more nonimmigrants 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 mission or international organization hosting the employer or family member has waived immunity for the employer or family 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 employer or family member has a mechanism in place” for “a mechanism is in place”.

§1375c Protections, remedies, and limitations on issuance for A–3 and G–5 visas

Summary

Title 8, §1375c

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata