§ 1375c. Protections, remedies, and limitations on issuance for A3 and G5 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] by an officer of a diplomatic mission or consular post; or
(2)
Suspension requirement
Notwithstanding any other provision of law, the Secretary shall suspend, for such period as the Secretary determines necessary, 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 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.
(3)
Action by diplomatic missions or international organizations
The Secretary may suspend the application of the limitation under paragraph (2) if the Secretary determines and reports to the appropriate congressional committees that a mechanism is 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)
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;
(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.
(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 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)
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—
(C)
Failure to exercise due diligence
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.
(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 following 10 years, the Secretary shall submit a report to the appropriate congressional committees on the implementation of this section.
(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;
(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),[2] 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)
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.
[1] So in original. Probably should be “(b)(2),”.
[2] So in original. Probably should be “April 18, 1961 (23 U.S.T. 3227),”.