(a) No employer subject to this subpart I or subpart H of this
part shall intimidate, threaten, restrain, coerce, blacklist, discharge or in
any other manner discriminate against an employee (which term includes a former
employee or an applicant for employment) because the employee has --
(1) Disclosed information to the employer, or to any other person, that the
employee reasonably believes evidences a violation of section 212(n) of the INA
or any regulation relating to section 212(n), including this subpart I and
subpart H of this part and any pertinent regulations of INS or the Department
of Justice; or
(2) Cooperated or sought to cooperate in an investigation or other
proceeding concerning the employer's compliance with the requirements of
section 212(n) of the INA or any regulation relating to section 212(n).
(b) It shall be a violation of this section for any employer to engage in
the conduct described in paragraph (a) of this section. Such conduct shall be
subject to the penalties prescribed by section 212(n)(2)(C)(ii) of the INA and
§655.810(b)(2), i.e., a fine of up to $5,000, disqualification from
filing petitions under section 204 or section 214(c) of the INA for at least
two years, and such further administrative remedies as the Administrator
considers appropriate.
(c) Pursuant to section 212(n)(2)(v) of the INA, an H-1B nonimmigrant who
has filed a complaint alleging that an employer has discriminated against the
employee in violation of paragraph (d)(1) of this section (or §655.501(a))
may be allowed to seek other appropriate employment in the United States,
provided the employee is otherwise eligible to remain and work in the United
States. Such employment may not exceed the maximum period of stay authorized
for a nonimmigrant classified under section 212(n) of the INA. Further
information concerning this provision should be sought from the Immigration and
Naturalization Service.
[65 FR 80233, Dec. 20, 2000]
