---
kind: "section"
citation: "8 U.S.C. § 1375b"
title: "8"
title_heading: "Aliens and Nationality"
number: "1375b"
heading: "Protections for domestic workers and other nonimmigrants"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/8/1375b"
units:
  - "Chapter 12 — Immigration and Nationality"
  - "Subchapter II — Immigration"
  - "Part IX — Miscellaneous"
---

# §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 [Attorney General](/usc/8/1101.md?p=a-5), and the Secretary of Labor, shall develop an information pamphlet and video on legal rights and resources for [aliens](/usc/8/1101.md?p=a-3) applying for employment- or education-based [nonimmigrant visas](/usc/8/1101.md?p=a-26). The video shall be distributed 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 education-based non-[immigrant visa](/usc/8/1101.md?p=a-16) 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 purposes of this section.
  - (2) **Consultation—** In developing the information pamphlet under [paragraph (1)](#a-1), the Secretary of State shall consult with nongovernmental [organizations](/usc/8/1101.md?p=a-28) with expertise on the legal rights of workers and victims of severe forms of trafficking in [persons](/usc/8/1101.md?p=b-3).
- (b) **Contents—** The information pamphlet and video developed under [subsection (a)](#a) shall include information concerning items such as—
  - (1) the [nonimmigrant visa](/usc/8/1101.md?p=a-26) application processes, including information about the portability of employment;
  - (2) the legal rights of employment or education-based [nonimmigrant visa](/usc/8/1101.md?p=a-26) holders under Federal immigration, labor, and employment law;
  - (3) the illegality of slavery, peonage, trafficking in [persons](/usc/8/1101.md?p=b-3), sexual assault, extortion, blackmail, and worker exploitation in the [United States](/usc/8/1101.md?p=a-38);
  - (4) the legal rights of [immigrant](/usc/8/1101.md?p=a-15) victims of trafficking in [persons](/usc/8/1101.md?p=b-3) and worker exploitation, including—
    - (A) the right of access to [immigrant](/usc/8/1101.md?p=a-15) and labor rights groups;
    - (B) the right to seek redress in [United States](/usc/8/1101.md?p=a-38) courts;
    - (C) the right to report abuse without retaliation;
    - (D) the right of the nonimmigrant to relinquish possession of his or her [passport](/usc/8/1101.md?p=a-30) to his or her employer;
    - (E) the requirement of an employment contract between the employer and the nonimmigrant; and
    - (F) an explanation of the rights and protections included in the contract described in [subparagraph (E)](#b-4-E); and
  - (5) information about nongovernmental [organizations](/usc/8/1101.md?p=a-28) that provide [services](/usc/8/1101.md?p=a-34) for victims of trafficking in [persons](/usc/8/1101.md?p=b-3) and worker exploitation, including—
    - (A) anti-trafficking in [persons](/usc/8/1101.md?p=b-3) telephone hotlines operated by the Federal Government;
    - (B) the Operation Rescue and Restore hotline; and
    - (C) a general description of the types of victims [services](/usc/8/1101.md?p=a-34) available for individuals subject to trafficking in [persons](/usc/8/1101.md?p=b-3) or worker exploitation.
- (c) **Translation—**
  - (1) **In general—** To best serve the language groups having the greatest concentration of employment-based [nonimmigrant visas](/usc/8/1101.md?p=a-26), the Secretary of State shall translate the information pamphlet and produce or dub the video developed under [subsection (a)](#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](/usc/8/1101.md?p=a-26) applicants.
  - (2) **Revision—** Every 2 years, the Secretary of State, in consultation with the [Attorney General](/usc/8/1101.md?p=a-5) and the Secretary of Homeland Security, shall determine the specific languages into which the information pamphlet will be translated and the video produced or dubbed based on the languages spoken by the greatest concentrations of employment- or education-based [nonimmigrant visa](/usc/8/1101.md?p=a-26) applicants.
- (d) **Availability and distribution—**
  - (1) **Posting on Federal websites—** The information pamphlet and video developed under [subsection (a)](#a) shall be posted on the websites of the Department of State, the Department of Homeland Security, the Department of Justice, the Department of Labor, and all [United States](/usc/8/1101.md?p=a-38) consular posts processing applications for employment- or education-based [nonimmigrant visas](/usc/8/1101.md?p=a-26).
  - (2) **Other distribution—** The information pamphlet and video developed under [subsection (a)](#a) shall be made available to any—
    - (A) government agency;
    - (B) nongovernmental advocacy [organization](/usc/8/1101.md?p=a-28); or
    - (C) foreign labor broker doing business in the [United States](/usc/8/1101.md?p=a-38).
  - (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)](#a) in all the languages referred to in [subsection (c)](#c).
  - (4) **Deadline for video development and distribution—** Not later than 1 year after March 7, 2013, the Secretary of State shall make available the video developed under [subsection (a)](#a) produced or dubbed in all the languages referred to in [subsection (c)](#c).
- (e) **Responsibilities of consular officers of the Department of State—**
  - (1) **Interviews—** A [consular officer](/usc/8/1101.md?p=a-9) conducting an interview of an [alien](/usc/8/1101.md?p=a-3) for an employment-based [nonimmigrant visa](/usc/8/1101.md?p=a-26) shall—
    - (A)
      - (i) confirm that the [alien](/usc/8/1101.md?p=a-3) has received, read, and understood the contents of the pamphlet described in subsections [(a)](#a) and [(b)](#b); and
      - (ii) if the [alien](/usc/8/1101.md?p=a-3) has not received, read, or understood the contents of the pamphlet described in subsections [(a)](#a) and [(b)](#b), distribute and orally disclose to the [alien](/usc/8/1101.md?p=a-3) the information described in paragraphs [(2)](#e-2) and [(3)](#e-3) in a language that the [alien](/usc/8/1101.md?p=a-3) understands; and
    - (B) offer to answer any questions the [alien](/usc/8/1101.md?p=a-3) may have regarding the contents of the pamphlet described in subsections [(a)](#a) and [(b)](#b).
  - (2) **Legal rights—** The [consular officer](/usc/8/1101.md?p=a-9) shall disclose to the [alien](/usc/8/1101.md?p=a-3)—
    - (A) the legal rights of employment-based nonimmigrants under Federal immigration, labor, and employment laws;
    - (B) the illegality of slavery, peonage, trafficking in [persons](/usc/8/1101.md?p=b-3), sexual assault, extortion, blackmail, and worker exploitation in the [United States](/usc/8/1101.md?p=a-38); and
    - (C) the legal rights of [immigrant](/usc/8/1101.md?p=a-15) victims of trafficking in [persons](/usc/8/1101.md?p=b-3), worker exploitation, and other related crimes, including—
      - (i) the right of access to [immigrant](/usc/8/1101.md?p=a-15) and labor rights groups;
      - (ii) the right to seek redress in [United States](/usc/8/1101.md?p=a-38) courts; and
      - (iii) the right to report abuse without retaliation.
  - (3) **Victim services—** In carrying out the disclosure requirement under this subsection, the [consular officer](/usc/8/1101.md?p=a-9) shall disclose to the [alien](/usc/8/1101.md?p=a-3) the availability of [services](/usc/8/1101.md?p=a-34) for victims of human trafficking and worker exploitation in the [United States](/usc/8/1101.md?p=a-38), including victim [services](/usc/8/1101.md?p=a-34) complaint hotlines.
- (f) **Definitions—** In this section:
  - (1) **Employment- or education-based nonimmigrant visa—** The term “employment- or education-based [nonimmigrant visa](/usc/8/1101.md?p=a-26)” means—
    - (A) a [nonimmigrant visa](/usc/8/1101.md?p=a-26) issued under subparagraph (A)(iii), (G)(v), (H), or (J) of [section 1101(a)(15) of this title](/usc/8/1101.md?p=a-15); and
    - (B) any [nonimmigrant visa](/usc/8/1101.md?p=a-26) issued to a personal or domestic servant who is accompanying or following to join an employer.
  - (2) **Severe forms of trafficking in persons—** The term “severe forms of trafficking in [persons](/usc/8/1101.md?p=b-3)” has the meaning given the term in [section 7102 of title 22](/usc/22/7102.md).
  - (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 violation of section 1466A, 1589, 1591, 1592, 2251, or 2251A of title 18.

## Source credit

(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.)

## Notes

### 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

2013—Subsec. (a). Pub. L. 113–4, § 1206(1)(A), inserted “and video for consular waiting rooms” after “Information 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 consular waiting rooms in embassies and consulates appropriate to the circumstances that are determined to have the greatest concentration of employment or education-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 purposes 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 pamphlet”.

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).