Foreign labor recruiting; prohibition on fees

(a) Foreign labor recruiting If an employer has engaged any foreign labor contractor or recruiter (or any agent of such a foreign labor contractor or recruiter) in the recruitment of H–2B workers, the employer shall disclose the identity and geographic location of such person or entity to the Secretary of Labor in accordance with the regulations of the Secretary. (b) Prohibition against employees paying fees Neither the employer nor its agents shall seek or receive payment of any kind from any worker for any activity related to the H–2B petition process, including payment of the employer’s attorneys’ fees, application fees, or recruitment costs. An employer and its agents may receive reimbursement for costs that are the responsibility, and primarily for the benefit, of the worker, such as government-required passport fees. (c) Third-Party contracts The employer shall contractually forbid any foreign labor contractor or recruiter (or any agent of a foreign labor contractor or recruiter) who the employer engages, either directly or indirectly, in the recruitment of H–2B workers to seek or receive payments or other compensation from prospective employees. Upon learning that a foreign labor contractor or recruiter has collected such payments, the employer shall terminate any contracts with the foreign labor contractor or recruiter.