H.R. 1828: POWER Act

Protect Our Workers from Exploitation and Retaliation Act or the POWER Act

This bill expands protections for non-U.S. nationals (aliens under federal law) who are victims of crimes or serious workplace violations.

U visas (nonimmigrant visas for certain crime victims) shall be available to individuals who have suffered substantial harm related to workplace claims.

The Department of Homeland Security (DHS) may allow a non-U.S. national to work and temporarily remain in the United States if the individual (1) has filed for a U visa or T visa (nonimmigrant visas for victims of human trafficking), or (2) has filed or is a material witness to a workplace claim or civil claim arising from criminal activity and is helpful to authorities investigating the claim.

The bill removes direct numerical limitations on U visas.

A notice to an individual to appear at removal proceedings must contain specified certifications, if the individual was taken (1) at a facility where a workplace claim has been filed, or (2) as a result of information provided in retaliation against individuals exercising their legal rights. Specifically, the notice must state that (1) an adverse immigration determination may not be based solely on information furnished by the party engaged in the unlawful activity, and (2) the individual's information may not be disclosed. Such an individual may not be removed until law enforcement has had a chance to interview the individual.

Removal proceedings against an individual who has filed or is a witness to a workplace claim must be stayed until the resolution of the claim, with limited exceptions.