I 

113TH CONGRESS 

1ST SESSION H. R. 1773 

To create a nonimmigrant H–2C work visa program for agricultural workers, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2013 

Mr. GOODLATTE (for himself, Mr. SMITH of Texas, Mr. GOWDY, Mr. 

FARENTHOLD, Mr. WESTMORELAND, Mr. POE of Texas, Mr. HOLDING, 

Mr. PETERSON, and Mr. HURT) introduced the following bill; which was 

referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To create a nonimmigrant H–2C work visa program for 

agricultural workers, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as— 

5 (1) the ‘‘Agricultural Guestworker Act’’; or 

6 (2) the ‘‘AG Act’’. 


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1 SEC. 2. H–2C TEMPORARY AGRICULTURAL WORK VISA PRO2 GRAM. 

3 (a) IN GENERAL.—Section 101(a)(15)(H) of the Im4 migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 

5 is amended by striking ‘‘; or (iii)’’ and inserting ‘‘, or (c) 

6 having a residence in a foreign country which he has no 

7 intention of abandoning who is coming temporarily to the 

8 United States to perform agricultural labor or services; or 

9 (iii)’’. 

10 (b) DEFINITION.—Section 101(a) of such Act (8 

11 U.S.C. 1101(a)) is amended by adding at the end the fol12 lowing: 

13 ‘‘(53) The term ‘agricultural labor or services’ has 

14 the meaning given such term by the Secretary of Agri15 culture in regulations and includes agricultural labor as 

16 defined in section 3121(g) of the Internal Revenue Code 

17 of 1986, agriculture as defined in section 3(f) of the Fair 

18 Labor Standards Act of 1938 (29 U.S.C. 203(f)), the han19 dling, planting, drying, packing, packaging, processing, 

20 freezing, or grading prior to delivery for storage of any 

21 agricultural or horticultural commodity in its unmanufac22 tured state, all activities required for the preparation, 

23 processing or manufacturing of a product of agriculture 

24 (as such term is defined in such section 3(f)) for further 

25 distribution, and activities similar to all the foregoing as 

26 they relate to fish or shellfish in aquaculture facilities.’’. 


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1 SEC. 3. ADMISSION OF TEMPORARY H–2C WORKERS. 

2 (a) PROCEDURE FOR ADMISSION.—Chapter 2 of title 

3 II of the Immigration and Nationality Act (8 U.S.C. 1181 

4 et seq.) is amended by inserting after section 218 the fol5 lowing: 

6 ‘‘SEC. 218A. ADMISSION OF TEMPORARY H–2C WORKERS. 

7 ‘‘(a) DEFINITIONS.—In this section and section 

8 218B: 

9 ‘‘(1) AREA OF EMPLOYMENT.—The term ‘area 

10 of employment’ means the area within normal com11 muting distance of the worksite or physical location 

12 where the work of the H–2C worker is or will be 

13 performed. If such work site or location is within a 

14 Metropolitan Statistical Area, any place within such 

15 area shall be considered to be within the area of em16 ployment. 

17 ‘‘(2) DISPLACE.—The term ‘displace’ means to 

18 lay off a worker from a job that is essentially equiv19 alent to the job for which an H–2C worker is 

20 sought. A job shall not be considered to be ‘essen21 tially equivalent’ to another job unless the job— 

22 ‘‘(A) involves essentially the same respon23 sibilities as such other job; 

24 ‘‘(B) was held by a United States worker 

25 with substantially equivalent qualifications and 

26 experience; and 


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1 ‘‘(C) is located in the same area of employ2 ment as the other job. 

3 ‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

4 individual’ means an individual who is not an unau5 thorized alien (as defined in section 274A(h)(3)) 

6 with respect to the employment of the individual. 

7 ‘‘(4) EMPLOYER.—The term ‘employer’ means 

8 an employer who hires workers to perform agricul9 tural employment. 

10 ‘‘(5) H–2C WORKER.—The term ‘H–2C worker’ 

11 means a nonimmigrant described in section 

12 101(a)(15)(H)(ii)(c). 

13 ‘‘(6) LAY OFF.— 

14 ‘‘(A) IN GENERAL.—The term ‘lay off’— 

15 ‘‘(i) means to cause a worker’s loss of 

16 employment, other than through a dis17 charge for inadequate performance, viola18 tion of workplace rules, cause, voluntary 

19 departure, voluntary retirement, or the ex20 piration of a grant or contract (other than 

21 a temporary employment contract entered 

22 into in order to evade a condition described 

23 in paragraph (3) of subsection (b)); and 

24 ‘‘(ii) does not include any situation in 

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1 native to such loss of employment, a simi2 lar employment opportunity with the same 

3 employer (or, in the case of a placement of 

4 a worker with another employer under sub5 section (b)(7), with either employer de6 scribed in such subsection) at equivalent or 

7 higher compensation and benefits than the 

8 position from which the employee was dis9 charged, regardless of whether or not the 

10 employee accepts the offer. 

11 ‘‘(B) CONSTRUCTION.—Nothing in this 

12 paragraph is intended to limit an employee’s 

13 rights under a collective bargaining agreement 

14 or other employment contract. 

15 ‘‘(7) PREVAILING WAGE.—The term ‘prevailing 

16 wage’ means the wage rate paid to workers in the 

17 same occupation in the area of employment as com18 puted pursuant to section 212(p). 

19 ‘‘(8) UNITED STATES WORKER.—The term 

20 ‘United States worker’ means any worker who is— 

21 ‘‘(A) a citizen or national of the United 

22 States; or 

23 ‘‘(B) an alien who is lawfully admitted for 

24 permanent residence, is admitted as a refugee 

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1 tion 208, or is an immigrant otherwise author2 ized, by this Act or by the Secretary of Home3 land Security, to be employed. 

4 ‘‘(b) PETITION.—An employer, or an association act5 ing as an agent or joint employer for its members, that 

6 seeks the admission into the United States of an H–2C 

7 worker shall file with the Secretary of Agriculture a peti8 tion attesting to the following: 

9 ‘‘(1) TEMPORARY WORK OR SERVICES.— 

10 ‘‘(A) IN GENERAL.—The employer is seek11 ing to employ a specific number of agricultural 

12 workers on a temporary basis and will provide 

13 compensation to such workers at a specified 

14 wage rate. 

15 ‘‘(B) DEFINITION.—For purposes of this 

16 paragraph, a worker is employed on a tem17 porary basis if the employer intends to employ 

18 the worker for no longer than 18 months (ex19 cept for sheepherders) during any contract pe20 riod. 

21 ‘‘(2) BENEFITS, WAGES, AND WORKING CONDI22 TIONS.—The employer will provide, at a minimum, 

23 the benefits, wages, and working conditions required 

24 by subsection (k) to all workers employed in the jobs 

25 for which the H–2C worker is sought and to all 


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1 other temporary workers in the same occupation at 

2 the place of employment. 

3 ‘‘(3) NONDISPLACEMENT OF UNITED STATES

4 WORKERS.—The employer did not displace and will 

5 not displace a United States worker employed by the 

6 employer during the period of employment of the H– 

7 2C worker and during the 30-day period imme8 diately preceding such period of employment in the 

9 occupation at the place of employment for which the 

10 employer seeks approval to employ H–2C workers. 

11 ‘‘(4) RECRUITMENT.— 

12 ‘‘(A) IN GENERAL.—The employer— 

13 ‘‘(i) conducted adequate recruitment 

14 in the area of intended employment before 

15 filing the attestation; and 

16 ‘‘(ii) was unsuccessful in locating a 

17 qualified United States worker for the job 

18 opportunity for which the H–2C worker is 

19 sought. 

20 ‘‘(B) OTHER REQUIREMENTS.—The re21 cruitment requirement under subparagraph (A) 

22 is satisfied if the employer places a local job 

23 order with the State workforce agency serving 

24 the local area where the work will be performed, 

25 except that nothing in this subparagraph shall 


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1 require the employer to file an interstate job 

2 order under section 653 of title 20, Code of 

3 Federal Regulations. The State workforce agen4 cy shall post the job order on its official agency 

5 website for a minimum of 30 days and not later 

6 than 3 days after receipt using the employment 

7 statistics system authorized under section 15 of 

8 the Wagner-Peyser Act (29 U.S.C. 49l–2). The 

9 Secretary of Labor shall include links to the of10 ficial Web sites of all State workforce agencies 

11 on a single webpage of the official Web site of 

12 the Department of Labor. 

13 ‘‘(C) END OF RECRUITMENT REQUIRE14 MENT.—The requirement to recruit United 

15 States workers shall terminate on the first day 

16 that work begins for the H–2C worker. 

17 ‘‘(5) OFFERS TO UNITED STATES WORKERS.— 

18 The employer has offered or will offer the job for 

19 which the H–2C worker is sought to any eligible 

20 United States worker who— 

21 ‘‘(A) applies; 

22 ‘‘(B) is qualified for the job; and 

23 ‘‘(C) will be available at the time and place 

24 of need. 


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1 This requirement shall not apply to a United States 

2 worker who applies for the job on or after the first 

3 day that work begins for the H–2C worker. 

4 ‘‘(6) PROVISION OF INSURANCE.—If the job for 

5 which the H–2C worker is sought is not covered by 

6 State workers’ compensation law, the employer will 

7 provide, at no cost to the worker unless State law 

8 provides otherwise, insurance covering injury and 

9 disease arising out of, and in the course of, the 

10 worker’s employment, which will provide benefits at 

11 least equal to those provided under the State work12 ers compensation law for comparable employment. 

13 ‘‘(7) REQUIREMENTS FOR PLACEMENT OF H–2C

14 WORKERS WITH OTHER EMPLOYERS.—A non15 immigrant who is admitted into the United States as 

16 an H–2C worker may be transferred to another em17 ployer that has filed a petition under this subsection 

18 and is in compliance with this section. 

19 ‘‘(8) STRIKE OR LOCKOUT.—There is not a 

20 strike or lockout in the course of a labor dispute 

21 which, under regulations promulgated by the Sec22 retary of Agriculture, precludes the hiring of H–2C 

23 workers. 

24 ‘‘(9) PREVIOUS VIOLATIONS.—The employer 

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1 ployed H–2C workers and knowingly violated a ma2 terial term or condition of approval with respect to 

3 the employment of domestic or nonimmigrant work4 ers, as determined by the Secretary of Agriculture 

5 after notice and opportunity for a hearing. 

6 ‘‘(c) PUBLIC EXAMINATION.—Not later than 1 work7 ing day after the date on which a petition under this sec8 tion is filed, the employer shall make a copy of each such 

9 petition available for public examination, at the employer’s 

10 principal place of business or worksite. 

11 ‘‘(d) LIST.— 

12 ‘‘(1) IN GENERAL.—The Secretary of Agri13 culture shall maintain a list of the petitions filed 

14 under subsection (b), which shall— 

15 ‘‘(A) be sorted by employer; and 

16 ‘‘(B) include the number of H–2C workers 

17 sought, the wage rate, the period of intended 

18 employment, and the date of need for each 

19 alien. 

20 ‘‘(2) AVAILABILITY.—The Secretary of Agri21 culture shall make the list available for public exam22 ination. 

23 ‘‘(e) PETITIONING FOR ADMISSION.— 

24 ‘‘(1) CONSIDERATION OF PETITIONS.—For peti25 tions filed and considered under subsection (b)— 


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1 ‘‘(A) the Secretary of Agriculture may not 

2 require such petition to be filed more than 28 

3 calendar days before the first date the employer 

4 requires the labor or services of the H–2C 

5 worker; 

6 ‘‘(B) unless the Secretary of Agriculture 

7 determines that the petition is incomplete or ob8 viously inaccurate, the Secretary, not later than 

9 10 business days after the date on which such 

10 petition was filed, shall either approve or reject 

11 the petition and provide the petitioner with no12 tice of such action by means ensuring same or 

13 next day delivery; and 

14 ‘‘(C) if the Secretary determines that the 

15 petition is incomplete or obviously inaccurate, 

16 the Secretary shall— 

17 ‘‘(i) within 5 business days of receipt 

18 of the petition, notify the petitioner of the 

19 deficiencies to be corrected by means en20 suring same or next day delivery; and 

21 ‘‘(ii) within 10 business days of re22 ceipt of the corrected petition, approve or 

23 deny the petition and provide the petitioner 

24 with notice of such action by means ensur25 ing same or next day delivery. 


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1 ‘‘(2) PETITION AGREEMENTS.—By filing an H– 

2 2C petition, a petitioner and each employer consents 

3 to allow access to the site where the labor is being 

4 performed to the Department of Agriculture and the 

5 Department of Homeland Security for the purpose 

6 of investigations to determine compliance with H–2C 

7 requirements and the immigration laws. Notwith8 standing any other provision of law, the Depart9 ments of Agriculture and Homeland Security cannot 

10 delegate their compliance functions to other agencies 

11 or Departments. 

12 ‘‘(f) ROLES OF AGRICULTURAL ASSOCIATIONS.— 

13 ‘‘(1) PERMITTING FILING BY AGRICULTURAL

14 ASSOCIATIONS.—A petition under subsection (b) to 

15 hire an alien as a temporary agricultural worker 

16 may be filed by an association of agricultural em17 ployers which use agricultural services. 

18 ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS

19 EMPLOYERS.—If an association is a joint employer 

20 of temporary agricultural workers, such workers may 

21 be transferred among its members to perform agri22 cultural services of a temporary nature for which the 

23 petition was approved. 

24 ‘‘(3) TREATMENT OF VIOLATIONS.— 


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1 ‘‘(A) INDIVIDUAL MEMBER.—If an indi2 vidual member of a joint employer association 

3 violates any condition for approval with respect 

4 to the member’s petition, the Secretary of Agri5 culture shall consider as an employer for pur6 poses of subsection (b)(9) and invoke penalties 

7 pursuant to subsection (i) against only that 

8 member of the association unless the Secretary 

9 of Agriculture determines that the association 

10 or other member participated in, had knowledge 

11 of, or had reason to know of the violation. 

12 ‘‘(B) ASSOCIATION OF AGRICULTURAL EM13 PLOYERS.—If an association representing agri14 cultural employers as a joint employer violates 

15 any condition for approval with respect to the 

16 association’s petition, the Secretary of Agri17 culture shall consider as an employer for pur18 poses of subsection (b)(9) and invoke penalties 

19 pursuant to subsection (i) against only the as20 sociation and not any individual member of the 

21 association, unless the Secretary determines 

22 that the member participated in, had knowledge 

23 of, or had reason to know of the violation. 


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1 ‘‘(g) EXPEDITED ADMINISTRATIVE APPEALS.—The 

2 Secretary of Agriculture shall promulgate regulations to 

3 provide for an expedited procedure— 

4 ‘‘(1) for the review of a denial of a petition 

5 under this section by the Secretary; or 

6 ‘‘(2) at the petitioner’s request, for a de novo 

7 administrative hearing at which new evidence may 

8 be introduced. 

9 ‘‘(h) MISCELLANEOUS PROVISIONS.— 

10 ‘‘(1) ENDORSEMENT OF DOCUMENTS.—The 

11 Secretary of Homeland Security shall provide for the 

12 endorsement of entry and exit documents of H–2C 

13 workers as may be necessary to carry out this sec14 tion and to provide notice for purposes of section 

15 274A. 

16 ‘‘(2) FEES.— 

17 ‘‘(A) IN GENERAL.—The Secretary of Ag18 riculture shall require, as a condition of approv19 ing the petition, the payment of a fee, in ac20 cordance with subparagraph (B), to recover the 

21 reasonable cost of processing petitions filed by 

22 employers or associations of employers seeking 

23 H–2C workers for jobs of a temporary or sea24 sonal nature, but may not require the payment 

25 of such fees to recover the costs of processing 


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1 petitions filed by employers or associations of 

2 employers seeking H–2C workers for jobs not of 

3 a temporary or seasonal nature. 

4 ‘‘(B) FEE BY TYPE OF EMPLOYEE.— 

5 ‘‘(i) SINGLE EMPLOYER.—An em6 ployer whose petition for temporary alien 

7 agricultural workers is approved shall, for 

8 each approved petition, pay a fee that— 

9 ‘‘(I) subject to subclause (II), is 

10 equal to $100 plus $10 for each ap11 proved H–2C worker; and 

12 ‘‘(II) does not exceed $1,000. 

13 ‘‘(ii) ASSOCIATION.—Each employer14 member of a joint employer association 

15 whose petition for H–2C workers is ap16 proved shall, for each such approved peti17 tion, pay a fee that— 

18 ‘‘(I) subject to subclause (II), is 

19 equal to $100 plus $10 for each ap20 proved H–2C worker; and 

21 ‘‘(II) does not exceed $1,000. 

22 ‘‘(iii) LIMITATION ON ASSOCIATION

23 FEES.—A joint employer association under 

24 clause (ii) shall not be charged a separate 

25 fee. 


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1 ‘‘(C) METHOD OF PAYMENT.—The fees 

2 collected under this paragraph shall be paid by 

3 check or money order to the Department of Ag4 riculture. In the case of employers of H–2C 

5 workers that are members of a joint employer 

6 association petitioning on their behalf, the ag7 gregate fees for all employers of H–2C workers 

8 under the petition may be paid by 1 check or 

9 money order. 

10 ‘‘(i) ENFORCEMENT.— 

11 ‘‘(1) INVESTIGATIONS AND AUDITS.—The Sec12 retary of Agriculture shall be responsible for con13 ducting investigations and random audits of employ14 ers to ensure compliance with the requirements of 

15 the H–2C program. All monetary fines levied against 

16 violating employers shall be paid to the Department 

17 of Agriculture and used to enhance the Department 

18 of Agriculture’s investigatory and auditing power. 

19 ‘‘(2) FAILURE TO MEET CONDITIONS.—If the 

20 Secretary of Agriculture finds, after notice and op21 portunity for a hearing, a failure to meet a condition 

22 of subsection (b), or a material misrepresentation of 

23 fact in a petition under subsection (b), the Sec24 retary— 


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1 ‘‘(A) may impose such other administrative 

2 remedies (including civil money penalties in an 

3 amount not to exceed $1,000 per violation) as 

4 the Secretary determines to be appropriate; and 

5 ‘‘(B) may disqualify the employer from the 

6 employment of H–2C workers for a period of 1 

7 year. 

8 ‘‘(3) PENALTIES FOR WILLFUL FAILURE.—If 

9 the Secretary of Agriculture finds, after notice and 

10 opportunity for a hearing, a willful failure to meet 

11 a material condition of subsection (b), or a willful 

12 misrepresentation of a material fact in a petition 

13 under subsection (b), the Secretary— 

14 ‘‘(A) may impose such other administrative 

15 remedies (including civil money penalties in an 

16 amount not to exceed $5,000 per violation) as 

17 the Secretary determines to be appropriate; 

18 ‘‘(B) may disqualify the employer from the 

19 employment of H–2C workers for a period of 2 

20 years; 

21 ‘‘(C) may, for a subsequent violation not 

22 arising out of the prior incident, disqualify the 

23 employer from the employment of H–2C work24 ers for a period of 5 years; and 


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1 ‘‘(D) may, for a subsequent violation not 

2 arising out of the prior incident, permanently 

3 disqualify the employer from the employment of 

4 H–2C workers. 

5 ‘‘(4) PENALTIES FOR DISPLACEMENT OF

6 UNITED STATES WORKERS.—If the Secretary of Ag7 riculture finds, after notice and opportunity for a 

8 hearing, a willful failure to meet a material condition 

9 of subsection (b) or a willful misrepresentation of a 

10 material fact in a petition under subsection (b), in 

11 the course of which failure or misrepresentation the 

12 employer displaced a United States worker employed 

13 by the employer during the period of employment of 

14 the H–2C worker or during the 30-day period pre15 ceding such period of employment, the Secretary— 

16 ‘‘(A) may impose such other administrative 

17 remedies (including civil money penalties in an 

18 amount not to exceed $15,000 per violation) as 

19 the Secretary determines to be appropriate; 

20 ‘‘(B) may disqualify the employer from the 

21 employment of H–2C workers for a period of 5 

22 years; and 

23 ‘‘(C) may, for a second violation, perma24 nently disqualify the employer from the employ25 ment of H–2C workers. 


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1 ‘‘(j) FAILURE TO PAY WAGES OR REQUIRED BENE2 FITS.— 

3 ‘‘(1) ASSESSMENT.—If the Secretary of Agri4 culture finds, after notice and opportunity for a 

5 hearing, that the employer has failed to provide the 

6 benefits, wages, and working conditions attested by 

7 the employer under subsection (b), the Secretary 

8 shall assess payment of back wages, or such other 

9 required benefits, due any United States worker or 

10 H–2C worker employed by the employer in the spe11 cific employment in question. 

12 ‘‘(2) AMOUNT.—The back wages or other re13 quired benefits described in paragraph (1)— 

14 ‘‘(A) shall be equal to the difference be15 tween the amount that should have been paid 

16 and the amount that was paid to such worker; 

17 and 

18 ‘‘(B) shall be distributed to the worker to 

19 whom such wages or benefits are due. 

20 ‘‘(k) MINIMUM WAGES, BENEFITS, AND WORKING

21 CONDITIONS.— 

22 ‘‘(1) PREFERENTIAL TREATMENT OF ALIENS

23 PROHIBITED.— 

24 ‘‘(A) IN GENERAL.—Each employer seek25 ing to hire United States workers shall offer 


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1 such workers not less than the same benefits, 

2 wages, and working conditions that the em3 ployer is offering, intends to offer, or will pro4 vide to H–2C workers. No job offer may impose 

5 on United States workers any restrictions or 

6 obligations which will not be imposed on the 

7 employer’s H–2C workers. 

8 ‘‘(B) INTERPRETATION.—Every interpreta9 tion and determination made under this section 

10 or under any other law, regulation, or interpre11 tative provision regarding the nature, scope, 

12 and timing of the provision of these and any 

13 other benefits, wages, and other terms and con14 ditions of employment shall be made so that— 

15 ‘‘(i) the services of workers to their 

16 employers and the employment opportuni17 ties afforded to workers by the employers, 

18 including those employment opportunities 

19 that require United States workers or H– 

20 2C workers to travel or relocate in order to 

21 accept or perform employment— 

22 ‘‘(I) mutually benefit such work23 ers, as well as their families, and em24 ployers; and 


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1 ‘‘(II) principally benefit neither 

2 employer nor employee; and 

3 ‘‘(ii) employment opportunities within 

4 the United States benefit the United 

5 States economy. 

6 ‘‘(2) REQUIRED WAGES.— 

7 ‘‘(A) IN GENERAL.—Each employer peti8 tioning for workers under subsection (b) shall 

9 pay not less than the greater of— 

10 ‘‘(i) the prevailing wage level for the 

11 occupational classification in the area of 

12 employment; or 

13 ‘‘(ii) the applicable Federal, State, or 

14 local minimum wage, whichever is greatest. 

15 ‘‘(B) SPECIAL RULE.—An employer can 

16 utilize a piece rate or other alternative wage 

17 payment system as long as the employer guar18 antees each worker a wage rate that equals or 

19 exceeds the amount required under subpara20 graph (A). 

21 ‘‘(3) EMPLOYMENT GUARANTEE.— 

22 ‘‘(A) IN GENERAL.— 

23 ‘‘(i) REQUIREMENT.—Each employer 

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1 ployment for the hourly equivalent of not 

2 less than 50 percent of the work hours 

3 during the total anticipated period of em4 ployment, beginning with the first work 

5 day after the arrival of the worker at the 

6 place of employment and ending on the ex7 piration date specified in the job offer. 

8 ‘‘(ii) FAILURE TO MEET GUAR9 ANTEE.—If the employer affords the 

10 United States worker or the H–2C worker 

11 less employment than that required under 

12 this subparagraph, the employer shall pay 

13 such worker the amount which the worker 

14 would have earned if the worker had 

15 worked for the guaranteed number of 

16 hours. 

17 ‘‘(iii) PERIOD OF EMPLOYMENT.—For 

18 purposes of this subparagraph, the term 

19 ‘period of employment’ means the total 

20 number of anticipated work hours and 

21 workdays described in the job offer and 

22 shall exclude the worker’s Sabbath and 

23 Federal holidays. 

24 ‘‘(B) CALCULATION OF HOURS.—Any 

25 hours which the worker fails to work, up to a 


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1 maximum of the number of hours specified in 

2 the job offer for a work day, when the worker 

3 has been offered an opportunity to do so, and 

4 all hours of work actually performed (including 

5 voluntary work in excess of the number of 

6 hours specified in the job offer in a work day, 

7 on the worker’s Sabbath, or on Federal holi8 days) may be counted by the employer in calcu9 lating whether the period of guaranteed employ10 ment has been met. 

11 ‘‘(C) LIMITATION.—If the worker volun12 tarily abandons employment before the end of 

13 the contract period, or is terminated for cause, 

14 the worker is not entitled to the 50 percent 

15 guarantee described in subparagraph (A). 

16 ‘‘(D) TERMINATION OF EMPLOYMENT.— 

17 ‘‘(i) IN GENERAL.—If, before the expi18 ration of the period of employment speci19 fied in the job offer, the services of the 

20 worker are no longer required due to any 

21 form of natural disaster, including flood, 

22 hurricane, freeze, earthquake, fire, 

23 drought, plant or animal disease, pest in24 festation, regulatory action, or any other 

25 reason beyond the control of the employer 


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1 before the employment guarantee in sub2 paragraph (A) is fulfilled, the employer 

3 may terminate the worker’s employment. 

4 ‘‘(ii) REQUIREMENTS.—If a worker’s 

5 employment is terminated under clause (i), 

6 the employer shall— 

7 ‘‘(I) fulfill the employment guar8 antee in subparagraph (A) for the 

9 work days that have elapsed during 

10 the period beginning on the first work 

11 day after the arrival of the worker 

12 and ending on the date on which such 

13 employment is terminated; 

14 ‘‘(II) make efforts to transfer the 

15 United States worker to other com16 parable employment acceptable to the 

17 worker; and 

18 ‘‘(III) not later than 24 hours 

19 after termination, notify (or have an 

20 association acting as an agent for the 

21 employer notify) the Secretary of 

22 Homeland Security of such termi23 nation. 

24 ‘‘(l) PERIOD OF ADMISSION.— 


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1 ‘‘(1) IN GENERAL.—An H–2C worker shall be 

2 admitted for a period of employment, not to exceed 

3 18 months (or 36 months as provided in subsection 

4 (o)(3)(A) for a worker employed in a job that is not 

5 of a temporary or seasonal nature), and except for 

6 sheepherders, that includes— 

7 ‘‘(A) a period of not more than 7 days 

8 prior to the beginning of the period of employ9 ment for the purpose of travel to the work site; 

10 and 

11 ‘‘(B) a period of not more than 14 days 

12 following the period of employment for the pur13 pose of departure or a period of not more than 

14 30 days following the period of employment for 

15 the purpose of seeking a subsequent offer of 

16 employment by an employer pursuant to a peti17 tion under this section (or pursuant to at-will 

18 employment pursuant to section 218B during 

19 such time as that section is in effect). An H– 

20 2C worker who does not depart within these pe21 riods will be considered to have failed to main22 tain nonimmigrant status as an H–2C worker 

23 and shall be subject to removal under section 

24 237(a)(1)(C)(i). Such alien shall be considered 

25 to be inadmissible pursuant to section 


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1 212(a)(9)(B)(i) for having been unlawfully 

2 present, with the alien considered to have been 

3 unlawfully present for 180 days as of the 15th 

4 day following the period of employment for the 

5 purpose of departure or as of the 31st day fol6 lowing the period of employment for the pur7 pose of seeking a subsequent offer of employ8 ment where the alien has not found at-will em9 ployment with a registered agricultural em10 ployer pursuant to section 218B or employment 

11 pursuant to this section. 

12 ‘‘(2) EMPLOYMENT LIMITATION.—An alien may 

13 not be employed during the 14-day period described 

14 in paragraph (1)(B) except in the employment for 

15 which the alien is otherwise authorized. 

16 ‘‘(m) ABANDONMENT OF EMPLOYMENT.— 

17 ‘‘(1) IN GENERAL.—An alien admitted or pro18 vided status under section 101(a)(15)(H)(ii)(c) who 

19 abandons the employment which was the basis for 

20 such admission or status— 

21 ‘‘(A) shall have failed to maintain non22 immigrant status as an H–2C worker; 

23 ‘‘(B) shall depart the United States or be 

24 subject to removal under section 

25 237(a)(1)(C)(i); and 


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1 ‘‘(C) shall be considered to be inadmissible 

2 pursuant to section 212(a)(9)(B)(i) for having 

3 been unlawfully present, with the alien consid4 ered to have been unlawfully present for 180 

5 days as of the 15th day following the date of 

6 the abandonment of employment. 

7 ‘‘(2) REPORT BY EMPLOYER.—Not later than 

8 24 hours after an employer learns of the abandon9 ment of employment by an H–2C worker, the em10 ployer or association acting as an agent for the em11 ployer, shall notify the Secretary of Homeland Secu12 rity of such abandonment. 

13 ‘‘(3) REMOVAL.—The Secretary of Homeland 

14 Security shall promptly remove from the United 

15 States any H–2C worker who violates any term or 

16 condition of the worker’s nonimmigrant status. 

17 ‘‘(4) VOLUNTARY TERMINATION.—Notwith18 standing paragraph (1), an alien may voluntarily 

19 terminate the alien’s employment if the alien 

20 promptly departs the United States upon termi21 nation of such employment. An alien who voluntarily 

22 terminates the alien’s employment and who does not 

23 depart within 14 days shall be considered to have 

24 failed to maintain nonimmigrant status as an H–2C 

25 worker and shall be subject to removal under section 


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1 237(a)(1)(C)(i). Such alien shall be considered to be 

2 inadmissible pursuant to section 212(a)(9)(B)(i) for 

3 having been unlawfully present, with the alien con4 sidered to have been unlawfully present for 180 days 

5 as of the 15th day following the voluntary termi6 nation of employment. 

7 ‘‘(n) REPLACEMENT OF ALIEN.—An employer may 

8 designate an eligible alien to replace an H–2C worker who 

9 abandons employment notwithstanding the numerical limi10 tation found in section 214(g)(1)(C). 

11 ‘‘(o) EXTENSION OF STAY OF H–2C WORKERS IN

12 THE UNITED STATES.— 

13 ‘‘(1) EXTENSION OF STAY.—If an employer 

14 seeks approval to employ an H–2C worker who is 

15 lawfully present in the United States, the petition 

16 filed by the employer or an association pursuant to 

17 subsection (b) shall request an extension of the 

18 alien’s stay and, if applicable, a change in the alien’s 

19 employment. 

20 ‘‘(2) WORK AUTHORIZATION UPON FILING PE21 TITION FOR EXTENSION OF STAY.— 

22 ‘‘(A) IN GENERAL.—An alien who is law23 fully present in the United States on the date 

24 of the filing of a petition to extend the stay of 

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1 ployment described in a petition under para2 graph (1) until and unless the petition is de3 nied. The employer shall provide a copy of the 

4 employer’s petition for extension of stay to the 

5 alien. The alien shall keep the petition with the 

6 alien’s identification and employment eligibility 

7 document, as evidence that the petition has 

8 been filed and that the alien is authorized to 

9 work in the United States. 

10 ‘‘(B) EMPLOYMENT ELIGIBILITY DOCU11 MENT.—Upon approval of a petition for an ex12 tension of stay or change in the alien’s author13 ized employment, the Secretary of Homeland 

14 Security shall provide a new or updated employ15 ment eligibility document to the alien indicating 

16 the new validity date, after which the alien is 

17 not required to retain a copy of the petition. 

18 ‘‘(C) FILE DEFINED.—In this paragraph, 

19 the term ‘file’ means sending the petition by 

20 certified mail via the United States Postal Serv21 ice, return receipt requested, or delivering by 

22 guaranteed commercial delivery which will pro23 vide the employer with a documented acknowl24 edgment of the date of receipt of the petition 

25 for an extension of stay. 


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1 ‘‘(3) LIMITATION ON AN INDIVIDUAL’S STAY IN

2 STATUS.— 

3 ‘‘(A) MAXIMUM PERIOD.—The maximum 

4 continuous period of authorized status as an 

5 H–2C worker (including any extensions) is 18 

6 months for a worker employed in a job that is 

7 of a temporary or seasonal nature. For an H– 

8 2C worker employed in a job that is not of a 

9 temporary or seasonal nature, the initial max10 imum continuous period of authorized status is 

11 36 months and subsequent maximum contin12 uous periods of authorized status are 18 

13 months. There is no maximum continuous pe14 riod of authorized status for a sheepherder. 

15 ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE

16 THE UNITED STATES.—In the case of an alien 

17 outside the United States who was employed in 

18 a job of a temporary or seasonal nature pursu19 ant to section 101(a)(15)(H)(ii)(c) whose period 

20 of authorized status as an H–2C worker (in21 cluding any extensions) has expired, the alien 

22 may not again be admitted to the United States 

23 as an H–2C worker unless the alien has re24 mained outside the United States for a continuous period equal to at least 1 25 ⁄6 the duration of 


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1 the alien’s previous period of authorized status 

2 as an H–2C worker. For an alien outside the 

3 United States who was employed in a job not 

4 of a temporary or seasonal nature pursuant to 

5 section 101(a)(15)(H)(ii)(c) whose period of au6 thorized status as an H–2C worker (including 

7 any extensions) has expired, the alien may not 

8 again be admitted to the United States as an 

9 H–2C worker unless the alien has remained 

10 outside the United States for a continuous period equal to at least the lesser of 1 11 ⁄6 the dura12 tion of the alien’s previous period of authorized 

13 status as an H–2C worker or 3 months. There 

14 is no requirement to remain outside the United 

15 States for sheepherders. 

16 ‘‘(p) ADJUSTMENT OF STATUS.—Notwithstanding 

17 any other provision of law, an alien who is unlawfully 

18 present in the United States on April 25, 2013, is eligible 

19 to adjust status to that of an H–2C worker. 

20 ‘‘(q) TRUST FUND TO ASSURE WORKER RETURN.— 

21 ‘‘(1) ESTABLISHMENT.—There is established in 

22 the Treasury of the United States a trust fund (in 

23 this section referred to as the ‘Trust Fund’) for the 

24 purpose of providing a monetary incentive for H–2C 


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1 workers to return to their country of origin upon ex2 piration of their visas. 

3 ‘‘(2) WITHHOLDING OF WAGES; PAYMENT INTO

4 THE TRUST FUND.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding the 

6 Fair Labor Standards Act of 1938 (29 U.S.C. 

7 201 et seq.), all employers of H–2C workers 

8 shall withhold from the wages of the workers an 

9 amount equivalent to 10 percent of the wages 

10 of each worker and pay such withheld amount 

11 into the Trust Fund. 

12 ‘‘(B) JOBS THAT ARE NOT OF A TEM13 PORARY OR SEASONAL NATURE.—Employers of 

14 H–2C workers employed in jobs that are not of 

15 a temporary or seasonal nature shall pay into 

16 the Trust Fund an amount equivalent to the 

17 Federal tax on the wages paid to H–2C workers 

18 that the employer would be obligated to pay 

19 under chapters 21 and 23 of the Internal Rev20 enue Code of 1986 had the H–2C workers been 

21 subject to such chapters. 

22 Amounts withheld under this paragraph shall be 

23 maintained in such interest bearing account with 

24 such a financial institution as the Secretary of Agri25 culture shall specify. 


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1 ‘‘(3) DISTRIBUTION OF FUNDS.—Amounts paid 

2 into the Trust Fund on behalf of an H–2C worker, 

3 and held pursuant to paragraph (2)(A) and interest 

4 earned thereon, shall be paid by the Secretary of 

5 State to the worker if— 

6 ‘‘(A) the worker applies to the Secretary of 

7 State (or the designee of such Secretary) for 

8 payment within 30 days of the expiration of the 

9 alien’s last authorized stay in the United States 

10 as an H–2C worker at a United States embassy 

11 or consulate in the worker’s home country; 

12 ‘‘(B) in such application the worker estab13 lishes that the worker has complied with the 

14 terms and conditions of the H–2C program; 

15 and 

16 ‘‘(C) in connection with the application, 

17 the H–2C worker confirms their identity. 

18 ‘‘(4) ADMINISTRATIVE EXPENSES.—The 

19 amounts paid into the Trust Fund and held pursu20 ant to paragraph (2)(B), and interest earned there21 on, shall be paid to the Secretary of State, the Sec22 retary of Agriculture, and the Secretary of Home23 land Security in amounts equivalent to the expenses 

24 incurred by such officials in the administration of 


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1 the H–2C program not reimbursed pursuant to sub2 section (h)(2) or section 218B(b). 

3 ‘‘(r) INVESTMENT OF TRUST FUND.— 

4 ‘‘(1) IN GENERAL.—It shall be the duty of the 

5 Secretary of the Treasury to invest such portion of 

6 the Trust Fund as is not, in the Secretary’s judg7 ment, required to meet current withdrawals. Such 

8 investments may be made only in interest-bearing 

9 obligations of the United States or in obligations 

10 guaranteed as to both principal and interest by the 

11 United States. For such purpose, such obligations 

12 may be acquired— 

13 ‘‘(A) on original issue at the price; or 

14 ‘‘(B) by purchase of outstanding obliga15 tions at the market price. 

16 The purposes for which obligations of the United 

17 States may be issued under chapter 31 of title 31, 

18 United States Code, are hereby extended to author19 ize the issuance at par of special obligations exclu20 sively to the Trust Fund. Such special obligations 

21 shall bear interest at a rate equal to the average 

22 rate of interest, computed as to the end of the cal23 endar month next preceding the date of such issue, 

24 borne by all marketable interest-bearing obligations 

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1 lic debt, except that where such average rate is not 

a multiple of 1 2 ⁄8 of 1 percent, the rate of interest of 

such special obligations shall be the multiple of 1 3 ⁄8

4 of 1 percent next lower than such average rate. Such 

5 special obligations shall be issued only if the Sec6 retary of the Treasury determines that the purchase 

7 of other interest-bearing obligations of the United 

8 States, or of obligations guaranteed as to both prin9 cipal and interest by the United States on original 

10 issue or at the market price, is not in the public in11 terest. 

12 ‘‘(2) SALE OF OBLIGATION.—Any obligation ac13 quired by the Trust Fund (except special obligations 

14 issued exclusively to the Trust Fund) may be sold by 

15 the Secretary of the Treasury at the market price, 

16 and such special obligations may be redeemed at par 

17 plus accrued interest. 

18 ‘‘(3) CREDITS TO TRUST FUND.—The interest 

19 on, and the proceeds from the sale or redemption of, 

20 any obligations held in the Trust Fund shall be 

21 credited to and form a part of the Trust Fund. 

22 ‘‘(4) REPORT TO CONGRESS.—It shall be the 

23 duty of the Secretary of the Treasury to hold the 

24 Trust Fund, and (after consultation with the Sec25 retary of Agriculture) to report to the Congress each 


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1 year on the financial condition and the results of the 

2 operations of the Trust Fund during the preceding 

3 fiscal year and on its expected condition and oper4 ations during the next fiscal year. Such report shall 

5 be printed as both a House and a Senate document 

6 of the session of the Congress to which the report 

7 is made.’’. 

8 (b) AT-WILL EMPLOYMENT.—Chapter 2 of title II of 

9 the Immigration and Nationality Act (8 U.S.C. 1181 et 

10 seq.) is amended by inserting after section 218A (as in11 serted by subsection (a)) the following: 

12 ‘‘SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H–2C 

13 WORKERS. 

14 ‘‘(a) AT-WILL EMPLOYMENT.— 

15 ‘‘(1) IN GENERAL.—An H–2C worker may per16 form agricultural labor or services for any employer 

17 that is designated as a ‘registered agricultural em18 ployer’ pursuant to subsection (b). However, an H– 

19 2C worker may only perform labor or services pursu20 ant to this section if the worker is already lawfully 

21 present in the United States as an H–2C worker, 

22 having been admitted or otherwise provided non23 immigrant status pursuant to section 218A, and has 

24 completed the period of employment specified in the 

25 job offer the worker accepted pursuant to section 


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1 218A or the employer has terminated the worker’s 

2 employment pursuant to section 218A(k)(3)(D)(i). 

3 An H–2C worker who abandons the employment 

4 which was the basis for admission or status pursu5 ant to section 218A may not perform labor or serv6 ices pursuant to this section until the worker has re7 turned to their home country, been readmitted as an 

8 H–2C worker pursuant to section 218A and has 

9 completed the period of employment specified in the 

10 job offer the worker accepted pursuant to section 

11 218A or the employer has terminated the worker’s 

12 employment pursuant to section 218A(k)(3)(D)(i). 

13 ‘‘(2) PERIOD OF STAY.—An H–2C worker per14 forming such labor or services for a registered agri15 cultural employer is subject to the period of admis16 sion, limitation of stay in status, and requirement to 

17 remain outside the United States contained in sub18 sections (l) and (o)(3) of section 218A. 

19 ‘‘(3) TERMINATION OF EMPLOYMENT.—At the 

20 conclusion of at-will employment with a registered 

21 agricultural employer or the conclusion of employ22 ment pursuant to section 218A qualifying an H–2C 

23 worker to perform at-will work pursuant to this sec24 tion, an H–2C worker shall find at-will employment 

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1 ment pursuant to section 218A within 30 days or 

2 will be considered to have failed to maintain non3 immigrant status as an H–2C worker and shall de4 part from the United States or be subject to removal 

5 under section 237(a)(1)(C)(i). An H–2C worker who 

6 does not so depart shall be considered to be inadmis7 sible pursuant to section 212(a)(9)(B)(i) for having 

8 been unlawfully present, with the alien considered to 

9 have been unlawfully present for 180 days as of the 

10 31st day after conclusion of employment where the 

11 alien has not found at-will employment with a reg12 istered agricultural employer or employment pursu13 ant to section 218A. However, an alien may volun14 tarily terminate the alien’s employment if the alien 

15 promptly departs the United States upon termi16 nation of such employment. Either a registered agri17 cultural employer or an H–2C worker may volun18 tarily terminate the worker’s at-will employment at 

19 any time. The H–2C worker then shall find addi20 tional at-will employment with a registered agricul21 tural employer or employment pursuant to section 

22 218A within 30 days or will be considered to have 

23 failed to maintain nonimmigrant status as an H–2C 

24 worker and shall depart from the United States or 

25 be subject to removal under section 237(a)(1)(C)(i). 


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1 An H–2C worker who does not so depart shall be 

2 considered to be inadmissible pursuant to section 

3 212(a)(9)(B)(i) for having been unlawfully present, 

4 with the alien considered to have been unlawfully 

5 present for 180 days as of the 31st day after conclu6 sion of employment where the alien has not found 

7 at-will employment with a registered agricultural 

8 employer or employment pursuant to section 218A. 

9 ‘‘(b) REGISTERED AGRICULTURAL EMPLOYERS.— 

10 The Secretary of Agriculture shall establish a process to 

11 accept and adjudicate applications by employers to be des12 ignated as registered agricultural employers. The Sec13 retary shall require, as a condition of approving the peti14 tion, the payment of a fee to recover the reasonable cost 

15 of processing the application. The Secretary shall des16 ignate an employer as a registered agricultural employer 

17 if the Secretary determines that the employer— 

18 ‘‘(1) employs individuals who perform agricul19 tural labor or services; 

20 ‘‘(2) has not been subject to debarment from 

21 receiving future temporary agricultural labor certifi22 cations pursuant to section 101(a)(15)(H)(ii)(a) 

23 within the last five years; 


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1 ‘‘(3) has not been subject to disqualification 

2 from the employment of H–2C workers within the 

3 last five years, 

4 ‘‘(4) agrees to, if employing an H–2C worker 

5 pursuant to this section, abide by the terms of the 

6 attestations contained in section 218A(b) and the 

7 obligations contained in subsections (k) (excluding 

8 paragraph (3) of such subsection) and (q) of section 

9 218A as if it had submitted a petition making those 

10 attestations and accepting those obligations, and 

11 ‘‘(5) agrees to notify the Secretary of Agri12 culture and the Secretary of Homeland Security 

13 each time it employs an H–2C worker pursuant to 

14 this section within 24 hours of the commencement of 

15 employment and each time an H–2C worker ceases 

16 employment within 24 hours of the cessation of em17 ployment. 

18 ‘‘(c) LENGTH OF DESIGNATION.—An employer’s des19 ignation as a registered agricultural employer shall be 

20 valid for 3 years, and the designation can be extended 

21 upon reapplication for additional 3-year terms. The Sec22 retary shall revoke a designation before the expiration of 

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1 quent to being designated as a registered agricultural em2 ployer. 

3 ‘‘(d) ENFORCEMENT.—The Secretary of Agriculture 

4 shall be responsible for conducting investigations and ran5 dom audits of employers to ensure compliance with the 

6 requirements of this section. All monetary fines levied 

7 against violating employers shall be paid to the Depart8 ment of Agriculture and used to enhance the Department 

9 of Agriculture’s investigatory and audit power. The Sec10 retary of Agriculture’s enforcement powers and an em11 ployer’s liability described in subsections (i) through (j) 

12 of section 218A are applicable to employers employing H– 

13 2C workers pursuant to this section. 

14 ‘‘(e) REMOVAL OF H–2C WORKER.—The Secretary 

15 of Homeland Security shall promptly remove from the 

16 United States any H–2C worker who is or had been em17 ployed pursuant to this section on an at-will basis who 

18 is who violates any term or condition of the worker’s non19 immigrant status.’’. 

20 (c) PROHIBITION ON FAMILY MEMBERS.—Section 

21 101(a)(15)(H) of the Immigration and Nationality Act (8 

22 U.S.C. 1101(a)(15)(H)) is amended by striking ‘‘him;’’ at 

23 the end and inserting ‘‘him, except that no spouse or child 

24 may be admitted under clause (ii)(c);’’. 


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1 (d) NUMERICAL CAP.—Section 214(g)(1) of the Im2 migration and Nationality Act (8 U.S.C. 1184(g)(1)) is 

3 amended— 

4 (1) in subparagraph (A), by striking ‘‘or’’ at 

5 the end; 

6 (2) in subparagraph (B), by striking the period 

7 at the end and inserting ‘‘; or’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(C) under section 101(a)(15)(H)(ii)(c) 

10 may not exceed 500,000, except that— 

11 ‘‘(i) the Secretary of Agriculture may 

12 increase or decrease such number based 

13 on— 

14 ‘‘(I) a shortage or surplus of 

15 workers performing agricultural labor 

16 or services; 

17 ‘‘(II) growth or contraction in 

18 the United States agricultural indus19 try that has increased or decreased 

20 the demand for workers to perform 

21 agricultural labor or services; 

22 ‘‘(III) the level of unemployment 

23 and underemployment of United 

24 States workers (as defined in section 


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1 218A(a)(8)) in agricultural labor or 

2 services; 

3 ‘‘(IV) the number of non4 immigrant workers employers sought 

5 during the preceding fiscal year pur6 suant to clause (a) or (c) of section 

7 101(a)(15)(H)(ii); 

8 ‘‘(V) the number of H–2C work9 ers (as defined in section 218A(a)(5)) 

10 who in the preceding fiscal year had 

11 to depart from the United States or 

12 be subject to removal under section 

13 237(a)(1)(C)(i) because they could 

14 not find additional at-will employment 

15 within 30 days pursuant to section 

16 218B; 

17 ‘‘(VI) the estimated number of 

18 United States workers (as defined in 

19 section 218A(a)(8)) who worked in 

20 agriculture during the preceding fiscal 

21 year pursuant to clause (a) or (c) of 

22 section 101(a)(15)(H)(ii); and 

23 ‘‘(VII) the number of non24 immigrant agricultural workers issued 

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1 immigrant status pursuant to clause 

2 (a) or (c) of section 101(a)(15)(H)(ii) 

3 during preceding fiscal years who re4 main in the United States out of com5 pliance with the terms of their status; 

6 ‘‘(ii) during any fiscal year, the Sec7 retary of Agriculture may increase such 

8 number on an emergency basis for severe 

9 shortages of agricultural labor or services; 

10 and 

11 ‘‘(iii) this numerical limitation shall 

12 not apply to any alien who performed agri13 cultural labor or services for not fewer 

14 than 575 hours or 100 days in which the 

15 alien was employed 5.75 or more hours 

16 performing agricultural labor or services 

17 pursuant to section 7 of the AG Act during 

18 the 2-year period beginning on the date of 

19 the enactment of such Act and ending on 

20 the date that is 2 years after such date.’’. 

21 (e) WAIVER OF BARS TO ADMISSIBILITY.—Section 

22 212(a)(9)(B)(v) of the Immigration and Nationality Act 

23 (8 U.S.C. 1182(a)(9)(B)(v)) is amended— 

24 (1) by striking ‘‘The Attorney General’’ and in25 serting the following: 


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1 ‘‘(I) IN GENERAL.—The Sec2 retary of Homeland Security’’. 

3 (2) by striking ‘‘Attorney General’’ each place 

4 it appears and inserting ‘‘Secretary of Homeland Se5 curity’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(II) H–2C WORKERS.—The Sec8 retary of Homeland Security shall 

9 waive clause (i) solely if necessary to 

10 allow an alien to come temporarily to 

11 the United States to perform agricul12 tural labor or services as provided in 

13 section 101(a)(15)(H)(ii)(c), except to 

14 the extent that the alien’s unlawful 

15 presence followed after the alien’s 

16 having the status of a nonimmigrant 

17 under such section.’’. 

18 (f) PREVAILING WAGE.—Section 212(p) of the Immi19 gration and Nationality Act (8 U.S.C. 1182(p)) is amend20 ed— 

21 (1) in paragraph (1), by adding ‘‘and section 

22 218A’’ after ‘‘of this section’’; and 

23 (2) in paragraph (3), by adding ‘‘and section 

24 218A’’ after ‘‘of this section’’. 


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1 (g) CLERICAL AMENDMENT.—The table of contents 

2 for the Immigration and Nationality Act (8 U.S.C. 1101 

3 et seq.) is amended by inserting after the item relating 

4 to section 218 the following: 

‘‘Sec. 218A. Admission of temporary H–2C workers. 

‘‘Sec. 218B. At-will employment of temporary H–2C workers.’’. 

5 SEC. 4. MEDIATION. 

6 A nonimmigrant having status under section 

7 101(a)(15)(H)(ii)(c) of the Immigration and Nationality 

8 Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)) may not bring a civil 

9 action for damages against the nonimmigrant’s employer, 

10 nor may any other attorney or individual bring a civil ac11 tion for damages on behalf of such a nonimmigrant 

12 against the nonimmigrant’s employer, unless at least 90 

13 days prior to bringing the action a request has been made 

14 to the Federal Mediation and Conciliation Service to assist 

15 the parties in reaching a satisfactory resolution of all 

16 issues involving all parties to the dispute and mediation 

17 has been attempted. 

18 SEC. 5. MIGRANT AND SEASONAL AGRICULTURAL WORKER 

19 PROTECTION. 

20 Section 3(8)(B)(ii) of the Migrant and Seasonal Agri21 cultural Worker Protection Act (29 U.S.C. 

22 1802(8)(B)(ii)) is amended by striking ‘‘under sections 

23 101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and 

24 Nationality Act.’’ and inserting ‘‘under subclauses (a) and 


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1 (c) of section 101(a)(15)(H)(ii), and section 214(c), of the 

2 Immigration and Nationality Act.’’. 

3 SEC. 6. BINDING ARBITRATION. 

4 (a) APPLICABILITY.—Any H–2C worker may, as a 

5 condition of employment with an employer, be subject to 

6 mandatory binding arbitration and mediation of any griev7 ance relating to the employment relationship. An employer 

8 shall provide any such worker with notice of such condi9 tion of employment at the time the job offer is made. 

10 (b) ALLOCATION OF COSTS.—Any cost associated 

11 with such arbitration and mediation process shall be 

12 equally divided between the employer and the H–2C work13 er, except that each party shall be responsible for the cost 

14 of its own counsel, if any. 

15 (c) DEFINITIONS.—As used in this section: 

16 (1) The term ‘‘condition of employment’’ means 

17 a term, condition, obligation, or requirement that is 

18 part of the job offer, such as the term of employ19 ment, the job responsibilities, the employee conduct 

20 standards, and the grievance resolution process, and 

21 to which an applicant or prospective H–2C worker 

22 must consent or accept in order to be hired for the 

23 position. 

24 (2) The term ‘‘H–2C worker’’ means a non25 immigrant described in section 101(a)(15)(H)(ii)(c) 


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1 of the Immigration and Nationality Act (8 U.S.C. 

2 1101(a)(15)(ii)(c)). 

3 SEC. 7. THE PERFORMANCE OF AGRICULTURAL LABOR OR 

4 SERVICES BY ALIENS WHO ARE UNLAWFULLY 

5 PRESENT. 

6 The Secretary of Homeland Security shall waive the 

7 grounds of inadmissibility contained in paragraphs (5), 

8 (6), (7), and (9)(B) of section 212(a), and the grounds 

9 of deportability contained in subparagraphs (A) through 

10 (D) of paragraph (1), and paragraph (3), of section 

11 237(a), of the Immigration and Nationality Act (8 U.S.C. 

12 1101 et seq.) in the case of an alien physically present 

13 in the United States as of April 25, 2013, solely as may 

14 be necessary in order to allow the alien to perform agricul15 tural labor or services. Such alien shall not be considered 

16 an unauthorized alien for purposes of section 274A(h)(3) 

17 of the Immigration and Nationality Act (8 U.S.C. 

18 1324a(h)(3)) or to be unlawfully present as long as the 

19 alien performs such labor or services. 

20 SEC. 8. ELIGIBILITY FOR FEDERAL PUBLIC BENEFITS AND 

21 REFUNDABLE TAX CREDITS. 

22 (a) FEDERAL PUBLIC BENEFITS.—H–2C workers 

23 (as defined in section 218A(a)(5) of the Immigration and 

24 Nationality Act, as inserted by section 3(a) of this Act) 


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1 and aliens performing agricultural labor or services pursu2 ant to section 7 of this Act— 

3 (1) are not entitled to the premium assistance 

4 tax credit authorized under section 36B of the Inter5 nal Revenue Code of 1986; 

6 (2) shall be subject to the rules applicable to in7 dividuals who are not lawfully present set forth in 

8 subsection (e) of such section; and 

9 (3) shall be subject to the rules applicable to in10 dividuals who are not lawfully present set forth in 

11 section 1402(e) of the Patient Protection and Af12 fordable Care Act (42 U.S.C. 18071(e)). 

13 (b) REFUNDABLE TAX CREDITS.—H–2C workers (as 

14 defined in section 218A(a)(5) of the Immigration and Na15 tionality Act, as inserted by section 3(a) of this Act) and 

16 aliens performing agricultural labor or services pursuant 

17 to section 7 of this Act shall not be allowed any credit 

18 under section 24 or 32 of the Internal Revenue Code of 

19 1986. In the case of a joint return, no credit shall be al20 lowed under either such section if both spouses are such 

21 a worker or alien. 

22 SEC. 9. EFFECTIVE DATES; SUNSET; REGULATIONS. 

23 (a) EFFECTIVE DATES.— 

24 (1) IN GENERAL.—The amendments made by 

25 sections 2 and 4 through 6, and subsections (a) and 


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1 (c) through (f) of section 3, of this Act shall take 

2 effect on the date that is 2 years after the date of 

3 the enactment of this Act, and the Secretary of Ag4 riculture shall accept petitions to import an alien 

5 under sections 101(a)(15)(H)(ii)(c) and 218A of the 

6 Immigration and Nationality Act, as inserted by this 

7 Act, beginning on such date. 

8 (2) AT-WILL EMPLOYMENT.—The amendment 

9 made by section 3(b) of this Act shall take effect on 

10 the date that it becomes unlawful for any person or 

11 other entity to hire, or to recruit or refer for a fee, 

12 for employment in the United States an individual 

13 (as provided in section 274A(a)(1) of the Immigra14 tion and Nationality Act) (8 U.S.C. 1324a(a)(1)) 

15 without participating in the E-Verify Program de16 scribed in section 403(a) of the Illegal Immigration 

17 Reform and Immigrant Responsibility Act of 1996 

18 (8 U.S.C. 1324a note) or an employment eligibility 

19 verification system patterned on such program’s 

20 verification system, and only if at that time the E21 Verify Program (or another program patterned after 

22 the E-Verify Program) responds to inquiries made 

23 by such persons or entities by providing confirma24 tion, tentative nonconfirmation, and final noncon25 firmation of an individual’s identity and employment 


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1 eligibility in such a way that indicates whether the 

2 individual is eligible to be employed in all occupa3 tions or only to perform agricultural labor or serv4 ices pursuant to section 101(a)(15)(H)(ii)(c) of the 

5 Immigration and Nationality Act (as inserted by this 

6 Act), and if the latter, whether the nonimmigrant 

7 would be in compliance with their maximum contin8 uous period of authorized status and requirement to 

9 remain outside the United States pursuant to sec10 tions 218A and 218B of such Act (as so added) and 

11 on what date the alien would cease to be in compli12 ance with their maximum continuous period of au13 thorized status. 

14 (3) AGRICULTURAL LABOR OR SERVICES BY

15 ALIENS UNLAWFULLY PRESENT.—Section 7 of this 

16 Act shall take effect on the date of the enactment 

17 of this Act and shall cease to be in effect on the date 

18 that is 2 years after such date. 

19 (b) OPERATION AND SUNSET OF THE H–2A PRO20 GRAM.— 

21 (1) APPLICATION OF EXISTING REGULA22 TIONS.—The Department of Labor H–2A program 

23 regulations published at 73 Federal Register 77110 

24 et seq. (2008) shall be in force for all petitions ap25 proved under sections 101(a)(15)(H)(ii)(c) and 


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1 218A of the Immigration and Nationality Act, as in2 serted by this Act, beginning on the date of the en3 actment of this Act. 

4 (2) ADJUSTMENT OF STATUS.—Notwith5 standing any other provision of law, an alien who is 

6 unlawfully present in the United States on the date 

7 of the enactment of this Act is eligible to adjust sta8 tus to that of an alien described in section 

9 101(a)(15)(H)(ii)(a) of the Immigration and Nation10 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) beginning 

11 on the date of the enactment of this Act and ending 

12 on the date that is 2 years after the date of the en13 actment of this Act. 

14 (3) SUNSET.—Beginning on the date that is 2 

15 years after the date of the enactment of this Act, no 

16 new petition to import an alien under sections 

17 101(a)(15)(H)(ii)(a) and 218 of the Immigration 

18 and Nationality Act (8 U.S.C. 

19 1101(a)(15)(H)(ii)(a); 8 U.S.C. 1188) shall be ac20 cepted. 

21 (c) REGULATIONS.—Not later than 18 months after 

22 the date of the enactment of this Act, the Secretary of 

23 Agriculture shall promulgate regulations, in accordance 

24 with the notice and comment provisions of section 553 of 


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1 title 5, United States Code, to implement the Secretary’s 

2 duties under this Act. 

Æ 


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