Page:United States Statutes at Large Volume 122.djvu/5081

 12 2 STA T .50 5 8PUBLIC LA W 110 –4 5 7—DE C.2 3, 2008 (1)INGE NE RAL.—TheS e cr e ta r ym ay no t is s u e or rene w an A–3v isaora G – 5 visa un l ess— (A) the visa a p plicant has e x ecute d a contract with the employer or prospective employer containin g provisions descri b ed in paragraph ( 2 ) and ( B ) a consular o f ficer has conducted a personal inter - view 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 re q uired under section 2 0 2. (2) M AN D A TO R YC ONTRACT.—The contract between the employer and domestic wor k er required under paragraph (1) shall include— (A) an agreement by the employer to abide by all F ederal , State, and local laws in the U nited 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 prop- erty of the employee. (3) TRA I NING O F CON SU LAR OFFICERS.—The Secretary shall provide appropriate training to consular officers on the fair labor standards described in the pamphlet required under sec- tion 202, trafficking in persons, and the provisions of this section. ( 4 ) R ECORD K EE P ING.— (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 nonimmigrant entered and permanently exited the country of resi- dence; (ii) the official title, contact information, and immunity level of the employer; and (iii) information regarding any allegations of employer abuse received by the D epartment of State. (c) P ROTECTION FRO M REMO V AL DURING L EGAL ACTIONS AGAINST FORMER E MPLOYERS.— (1) REMAINING IN T H E 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 15 9 5oftitle1 8, United States Code, 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 H omeland 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) E X CEPTION.—An alien described in subparagraph (A) may be deported before the conclusion of the legal

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