8 USC 1375c - Protections, remedies, and limitations on issuance for A–3 and G

U.S Code last checked for updates: May 02, 2024

§ 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),1

 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

(3)

Action by diplomatic missions or international organizations

(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 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)

Mandatory contract

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)

Training of consular officers

(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 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)

Protection from removal during legal actions against former employers

(1)

Remaining in the United States to seek legal redress

(A)

Effect of complaint filing

(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

(2)

Authorization to work

(d)

Study and report

(1)

Investigation report

(A)

In general

(B)

Contents

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)

Feasibility of oversight of employees of diplomats and representatives of other institutions 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 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)

Assistance to law enforcement investigations

(f)

Definitions

In this section:

(1)

A–3 visa

(2)

G–5 visa

(3)

Secretary

(4)

Appropriate congressional committees

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.

(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.)

cite as: 8 USC 1375c