IB 

Union Calendar No. 506 

113TH CONGRESS 

2D SESSION H. R. 1773 

[Report No. 113–674, Part I] 

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 

DECEMBER 12, 2014 

Additional sponsors: Mr. THOMPSON of Pennsylvania, Mr. BACHUS, and Mr. 

SESSIONS

DECEMBER 12, 2014 

Deleted sponsor: Mr. PETERSON (added April 26, 2013; deleted May 23, 

2013) 

DECEMBER 12, 2014 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 


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DECEMBER 12, 2014 

The Committees on Education and the Workforce and Ways and Means discharged; committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 26, 2013] 

A BILL 

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

agricultural workers, and for other purposes. 


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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’’. 

7 SEC. 2. H–2C TEMPORARY AGRICULTURAL WORK VISA PRO8 GRAM. 

9 (a) IN GENERAL.—Section 101(a)(15)(H) of the Immi10 gration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is 

11 amended by striking ‘‘; or (iii)’’ and inserting ‘‘, or (c) hav12 ing a residence in a foreign country which he has no inten13 tion of abandoning who is coming temporarily to the 

14 United States to perform agricultural labor or services; or 

15 (iii)’’. 

16 (b) DEFINITION.—Section 101(a) of such Act (8 U.S.C. 

17 1101(a)) is amended by adding at the end the following: 

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

19 meaning given such term by the Secretary of Agriculture 

20 in regulations and includes agricultural labor as defined 

21 in section 3121(g) of the Internal Revenue Code of 1986, 

22 agriculture as defined in section 3(f) of the Fair Labor 

23 Standards Act of 1938 (29 U.S.C. 203(f)), the handling, 

24 planting, drying, packing, packaging, processing, freezing, 

25 or grading prior to delivery for storage of any agricultural 


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1 or horticultural commodity in its unmanufactured state, all 

2 activities required for the preparation, processing or manu3 facturing of a product of agriculture (as such term is de4 fined in such section 3(f)) for further distribution, and ac5 tivities similar to all the foregoing as they relate to fish 

6 or shellfish facilities.’’. 

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

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

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

10 et seq.) is amended by inserting after section 218 the fol11 lowing: 

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

13 ‘‘(a) DEFINITIONS.—In this section and section 218B: 

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

15 employment’ means the area within normal com16 muting distance of the worksite or physical location 

17 where the work of the H–2C worker is or will be per18 formed. If such work site or location is within a Met19 ropolitan Statistical Area, any place within such 

20 area shall be considered to be within the area of em21 ployment. 

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

23 lay off a worker from a job that is essentially equiva24 lent to the job for which an H–2C worker is sought. 


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1 A job shall not be considered to be ‘essentially equiva2 lent’ to another job unless the job— 

3 ‘‘(A) involves essentially the same respon4 sibilities as such other job; 

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

6 with substantially equivalent qualifications and 

7 experience; and 

8 ‘‘(C) is located in the same area of employ9 ment as the other job. 

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

11 individual’ means an individual who is not an unau12 thorized alien (as defined in section 274A(h)(3)) with 

13 respect to the employment of the individual. 

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

15 employer who hires workers to perform agricultural 

16 employment. 

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

18 means a nonimmigrant described in section 

19 101(a)(15)(H)(ii)(c). 

20 ‘‘(6) LAY OFF.— 

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

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

23 employment, other than through a discharge 

24 for inadequate performance, violation of 

25 workplace rules, cause, voluntary departure, 


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1 voluntary retirement, or the expiration of a 

2 grant or contract (other than a temporary 

3 employment contract entered into in order 

4 to evade a condition described in paragraph 

5 (3) of subsection (b)); and 

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

7 which the worker is offered, as an alter8 native to such loss of employment, a similar 

9 employment opportunity with the same em10 ployer (or, in the case of a placement of a 

11 worker with another employer under sub12 section (b)(7), with either employer de13 scribed in such subsection) at equivalent or 

14 higher compensation and benefits than the 

15 position from which the employee was dis16 charged, regardless of whether or not the 

17 employee accepts the offer. 

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

19 paragraph is intended to limit an employee’s 

20 rights under a collective bargaining agreement or 

21 other employment contract. 

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

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

24 same occupation in the area of employment as com25 puted pursuant to section 212(p). 


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

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

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

4 States; or 

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

6 permanent residence, is admitted as a refugee 

7 under section 207, is granted asylum under sec8 tion 208, or is an immigrant otherwise author9 ized, by this Act or by the Secretary of Home10 land Security, to be employed. 

11 ‘‘(b) PETITION.—An employer, or an association act12 ing as an agent or joint employer for its members, that seeks 

13 the admission into the United States of an H–2C worker 

14 shall file with the Secretary of Agriculture a petition attest15 ing to the following: 

16 ‘‘(1) TEMPORARY WORK OR SERVICES.— 

17 ‘‘(A) IN GENERAL.—The employer is seeking 

18 to employ a specific number of agricultural 

19 workers on a temporary basis and will provide 

20 compensation to such workers at a specified wage 

21 rate. 

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

23 paragraph, a worker is employed on a tem24 porary basis if the employer intends to employ 


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1 the worker for no longer than 18 months (except 

2 for sheepherders) during any contract period. 

3 ‘‘(2) BENEFITS, WAGES, AND WORKING CONDI4 TIONS.—The employer will provide, at a minimum, 

5 the benefits, wages, and working conditions required 

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

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

8 temporary workers in the same occupation at the 

9 place of employment. 

10 ‘‘(3) NONDISPLACEMENT OF UNITED STATES

11 WORKERS.—The employer did not displace and will 

12 not displace a United States worker employed by the 

13 employer during the period of employment of the H– 

14 2C worker and during the 30-day period immediately 

15 preceding such period of employment in the occupa16 tion at the place of employment for which the em17 ployer seeks approval to employ H–2C workers. 

18 ‘‘(4) RECRUITMENT.— 

19 ‘‘(A) IN GENERAL.—The employer— 

20 ‘‘(i) conducted adequate recruitment in 

21 the area of intended employment before fil22 ing the attestation; and 

23 ‘‘(ii) was unsuccessful in locating a 

24 qualified United States worker for the job 


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1 opportunity for which the H–2C worker is 

2 sought. 

3 ‘‘(B) OTHER REQUIREMENTS.—The recruit4 ment requirement under subparagraph (A) is 

5 satisfied if the employer places a local job order 

6 with the State workforce agency serving the local 

7 area where the work will be performed, except 

8 that nothing in this subparagraph shall require 

9 the employer to file an interstate job order under 

10 section 653 of title 20, Code of Federal Regula11 tions. The State workforce agency shall post the 

12 job order on its official agency website for a min13 imum of 30 days and not later than 3 days after 

14 receipt using the employment statistics system 

15 authorized under section 15 of the Wagner16 Peyser Act (29 U.S.C. 49l–2). The Secretary of 

17 Labor shall include links to the official Web sites 

18 of all State workforce agencies on a single 

19 webpage of the official Web site of the Depart20 ment of Labor. 

21 ‘‘(C) END OF RECRUITMENT REQUIRE22 MENT.—The requirement to recruit United 

23 States workers shall terminate on the first day 

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


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

2 The employer has offered or will offer the job for 

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

4 United States worker who— 

5 ‘‘(A) applies; 

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

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

8 of need. 

9 This requirement shall not apply to a United States 

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

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

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

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

14 State workers’ compensation law, the employer will 

15 provide, at no cost to the worker unless State law pro16 vides otherwise, insurance covering injury and disease 

17 arising out of, and in the course of, the worker’s em18 ployment, which will provide benefits at least equal to 

19 those provided under the State workers compensation 

20 law for comparable employment. 

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

22 WORKERS WITH OTHER EMPLOYERS.—A non23 immigrant who is admitted into the United States as 

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1 ployer that has filed a petition under this subsection 

2 and is in compliance with this section. 

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

4 or lockout in the course of a labor dispute which, 

5 under regulations promulgated by the Secretary of 

6 Agriculture, precludes the hiring of H–2C workers. 

7 ‘‘(9) PREVIOUS VIOLATIONS.—The employer has 

8 not, during the previous two-year period, employed 

9 H–2C workers and knowingly violated a material 

10 term or condition of approval with respect to the em11 ployment of domestic or nonimmigrant workers, as 

12 determined by the Secretary of Agriculture after no13 tice and opportunity for a hearing. 

14 ‘‘(c) PUBLIC EXAMINATION.—Not later than 1 working 

15 day after the date on which a petition under this section 

16 is filed, the employer shall make a copy of each such peti17 tion available for public examination, at the employer’s 

18 principal place of business or worksite. 

19 ‘‘(d) LIST.— 

20 ‘‘(1) IN GENERAL.—The Secretary of Agriculture 

21 shall maintain a list of the petitions filed under sub22 section (b), which shall— 

23 ‘‘(A) be sorted by employer; and 


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

2 sought, the wage rate, the period of intended em3 ployment, and the date of need for each alien. 

4 ‘‘(2) AVAILABILITY.—The Secretary of Agri5 culture shall make the list available for public exam6 ination. 

7 ‘‘(e) PETITIONING FOR ADMISSION.— 

8 ‘‘(1) CONSIDERATION OF PETITIONS.—For peti9 tions filed and considered under subsection (b)— 

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

11 require such petition to be filed more than 28 

12 calendar days before the first date the employer 

13 requires the labor or services of the H–2C work14 er; 

15 ‘‘(B) unless the Secretary of Agriculture de16 termines that the petition is incomplete or obvi17 ously inaccurate, the Secretary, not later than 10 

18 business days after the date on which such peti19 tion was filed, shall either approve or reject the 

20 petition and provide the petitioner with notice of 

21 such action by means ensuring same or next day 

22 delivery; and 

23 ‘‘(C) if the Secretary determines that the pe24 tition is incomplete or obviously inaccurate, the 

25 Secretary shall— 


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

2 of the petition, notify the petitioner of the 

3 deficiencies to be corrected by means ensur4 ing same or next day delivery; and 

5 ‘‘(ii) within 10 business days of receipt 

6 of the corrected petition, approve or deny 

7 the petition and provide the petitioner with 

8 notice of such action by means ensuring 

9 same or next day delivery. 

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

11 2C petition, a petitioner and each employer consents 

12 to allow access to the site where the labor is being per13 formed to the Department of Agriculture and the De14 partment of Homeland Security for the purpose of in15 vestigations to determine compliance with H–2C re16 quirements and the immigration laws. Notwith17 standing any other provision of law, the Departments 

18 of Agriculture and Homeland Security cannot dele19 gate their compliance functions to other agencies or 

20 Departments. 

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

22 ‘‘(1) PERMITTING FILING BY AGRICULTURAL AS23 SOCIATIONS.—A petition under subsection (b) to hire 

24 an alien as a temporary agricultural worker may be 


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1 filed by an association of agricultural employers 

2 which use agricultural services. 

3 ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS

4 EMPLOYERS.—If an association is a joint employer of 

5 temporary agricultural workers, such workers may be 

6 transferred among its members to perform agricul7 tural services of a temporary nature for which the pe8 tition was approved. 

9 ‘‘(3) TREATMENT OF VIOLATIONS.— 

10 ‘‘(A) INDIVIDUAL MEMBER.—If an indi11 vidual member of a joint employer association 

12 violates any condition for approval with respect 

13 to the member’s petition, the Secretary of Agri14 culture shall consider as an employer for pur15 poses of subsection (b)(9) and invoke penalties 

16 pursuant to subsection (i) against only that 

17 member of the association unless the Secretary of 

18 Agriculture determines that the association or 

19 other member participated in, had knowledge of, 

20 or had reason to know of the violation. 

21 ‘‘(B) ASSOCIATION OF AGRICULTURAL EM22 PLOYERS.—If an association representing agri23 cultural employers as a joint employer violates 

24 any condition for approval with respect to the 

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1 culture shall consider as an employer for pur2 poses of subsection (b)(9) and invoke penalties 

3 pursuant to subsection (i) against only the asso4 ciation and not any individual member of the 

5 association, unless the Secretary determines that 

6 the member participated in, had knowledge of, or 

7 had reason to know of the violation. 

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

9 Secretary of Agriculture shall promulgate regulations to 

10 provide for an expedited procedure— 

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

12 under this section by the Secretary; or 

13 ‘‘(2) at the petitioner’s request, for a de novo ad14 ministrative hearing at which new evidence may be 

15 introduced. 

16 ‘‘(h) MISCELLANEOUS PROVISIONS.— 

17 ‘‘(1) ENDORSEMENT OF DOCUMENTS.—The Sec18 retary of Homeland Security shall provide for the en19 dorsement of entry and exit documents of H–2C work20 ers as may be necessary to carry out this section and 

21 to provide notice for purposes of section 274A. 

22 ‘‘(2) FEES.— 

23 ‘‘(A) IN GENERAL.—The Secretary of Agri24 culture shall require, as a condition of approving 

25 the petition, the payment of a fee, in accordance 


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1 with subparagraph (B), to recover the reasonable 

2 cost of processing petitions filed by employers or 

3 associations of employers seeking H–2C workers 

4 for jobs of a temporary or seasonal nature, but 

5 may not require the payment of such fees to re6 cover the costs of processing petitions filed by 

7 employers or associations of employers seeking 

8 H–2C workers for jobs not of a temporary or sea9 sonal nature. 

10 ‘‘(B) FEE BY TYPE OF EMPLOYEE.— 

11 ‘‘(i) SINGLE EMPLOYER.—An employer 

12 whose petition for temporary alien agricul13 tural workers is approved shall, for each ap14 proved petition, pay a fee that— 

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

16 equal to $100 plus $10 for each ap17 proved H–2C worker; and 

18 ‘‘(II) does not exceed $1,000. 

19 ‘‘(ii) ASSOCIATION.—Each employer20 member of a joint employer association 

21 whose petition for H–2C workers is ap22 proved shall, for each such approved peti23 tion, pay a fee that— 


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

2 equal to $100 plus $10 for each ap3 proved H–2C worker; and 

4 ‘‘(II) does not exceed $1,000. 

5 ‘‘(iii) LIMITATION ON ASSOCIATION

6 FEES.—A joint employer association under 

7 clause (ii) shall not be charged a separate 

8 fee. 

9 ‘‘(C) METHOD OF PAYMENT.—The fees col10 lected under this paragraph shall be paid by 

11 check or money order to the Department of Agri12 culture. In the case of employers of H–2C work13 ers that are members of a joint employer associa14 tion petitioning on their behalf, the aggregate 

15 fees for all employers of H–2C workers under the 

16 petition may be paid by 1 check or money order. 

17 ‘‘(i) ENFORCEMENT.— 

18 ‘‘(1) INVESTIGATIONS AND AUDITS.—The Sec19 retary of Agriculture shall be responsible for con20 ducting investigations and random audits of employ21 ers to ensure compliance with the requirements of the 

22 H–2C program. All monetary fines levied against vio23 lating employers shall be paid to the Department of 

24 Agriculture and used to enhance the Department of 

25 Agriculture’s investigatory and auditing power. 


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

2 Secretary of Agriculture finds, after notice and oppor3 tunity for a hearing, a failure to meet a condition of 

4 subsection (b), or a material misrepresentation of fact 

5 in a petition under subsection (b), the Secretary— 

6 ‘‘(A) may impose such other administrative 

7 remedies (including civil money penalties in an 

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

9 the Secretary determines to be appropriate; and 

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

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

12 year. 

13 ‘‘(3) PENALTIES FOR WILLFUL FAILURE.—If the 

14 Secretary of Agriculture finds, after notice and oppor15 tunity for a hearing, a willful failure to meet a mate16 rial condition of subsection (b), or a willful misrepre17 sentation of a material fact in a petition under sub18 section (b), the Secretary— 

19 ‘‘(A) may impose such other administrative 

20 remedies (including civil money penalties in an 

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

22 the Secretary determines to be appropriate; 

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

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

25 years; 


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

2 arising out of the prior incident, disqualify the 

3 employer from the employment of H–2C workers 

4 for a period of 5 years; and 

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

6 arising out of the prior incident, permanently 

7 disqualify the employer from the employment of 

8 H–2C workers. 

9 ‘‘(4) PENALTIES FOR DISPLACEMENT OF UNITED

10 STATES WORKERS.—If the Secretary of Agriculture 

11 finds, after notice and opportunity for a hearing, a 

12 willful failure to meet a material condition of sub13 section (b) or a willful misrepresentation of a mate14 rial fact in a petition under subsection (b), in the 

15 course of which failure or misrepresentation the em16 ployer displaced a United States worker employed by 

17 the employer during the period of employment of the 

18 H–2C worker or during the 30-day period preceding 

19 such period of employment, the Secretary— 

20 ‘‘(A) may impose such other administrative 

21 remedies (including civil money penalties in an 

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

23 the Secretary determines to be appropriate; 


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

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

3 years; and 

4 ‘‘(C) may, for a second violation, perma5 nently disqualify the employer from the employ6 ment of H–2C workers. 

7 ‘‘(j) FAILURE TO PAY WAGES OR REQUIRED BENE8 FITS.— 

9 ‘‘(1) ASSESSMENT.—If the Secretary of Agri10 culture finds, after notice and opportunity for a hear11 ing, that the employer has failed to provide the bene12 fits, wages, and working conditions attested by the 

13 employer under subsection (b), the Secretary shall as14 sess payment of back wages, or such other required 

15 benefits, due any United States worker or H–2C 

16 worker employed by the employer in the specific em17 ployment in question. 

18 ‘‘(2) AMOUNT.—The back wages or other required 

19 benefits described in paragraph (1)— 

20 ‘‘(A) shall be equal to the difference between 

21 the amount that should have been paid and the 

22 amount that was paid to such worker; and 

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

24 whom such wages or benefits are due. 


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1 ‘‘(k) MINIMUM WAGES, BENEFITS, AND WORKING CON2 DITIONS.— 

3 ‘‘(1) PREFERENTIAL TREATMENT OF ALIENS

4 PROHIBITED.— 

5 ‘‘(A) IN GENERAL.—Each employer seeking 

6 to hire United States workers shall offer such 

7 workers not less than the same benefits, wages, 

8 and working conditions that the employer is of9 fering, intends to offer, or will provide to H–2C 

10 workers. No job offer may impose on United 

11 States workers any restrictions or obligations 

12 which will not be imposed on the employer’s H– 

13 2C workers. 

14 ‘‘(B) INTERPRETATION.—Every interpreta15 tion and determination made under this section 

16 or under any other law, regulation, or interpre17 tative provision regarding the nature, scope, and 

18 timing of the provision of these and any other 

19 benefits, wages, and other terms and conditions 

20 of employment shall be made so that— 

21 ‘‘(i) the services of workers to their em22 ployers and the employment opportunities 

23 afforded to workers by the employers, in24 cluding those employment opportunities 

25 that require United States workers or H–2C 


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1 workers to travel or relocate in order to ac2 cept or perform employment— 

3 ‘‘(I) mutually benefit such work4 ers, as well as their families, and em5 ployers; and 

6 ‘‘(II) principally benefit neither 

7 employer nor employee; and 

8 ‘‘(ii) employment opportunities within 

9 the United States benefit the United States 

10 economy. 

11 ‘‘(2) REQUIRED WAGES.— 

12 ‘‘(A) IN GENERAL.—Each employer peti13 tioning for workers under subsection (b) shall 

14 pay not less than the greater of— 

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

16 occupational classification in the area of 

17 employment; or 

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

19 local minimum wage, whichever is greatest. 

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

21 utilize a piece rate or other alternative wage 

22 payment system as long as the employer guaran23 tees each worker a wage rate that equals or ex24 ceeds the amount required under subparagraph 

25 (A). 


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1 ‘‘(3) EMPLOYMENT GUARANTEE.— 

2 ‘‘(A) IN GENERAL.— 

3 ‘‘(i) REQUIREMENT.—Each employer 

4 petitioning for workers under subsection (b) 

5 shall guarantee to offer the worker employ6 ment for the hourly equivalent of not less 

7 than 50 percent of the work hours during 

8 the total anticipated period of employment, 

9 beginning with the first work day after the 

10 arrival of the worker at the place of employ11 ment and ending on the expiration date 

12 specified in the job offer. 

13 ‘‘(ii) FAILURE TO MEET GUAR14 ANTEE.—If the employer affords the United 

15 States worker or the H–2C worker less em16 ployment than that required under this sub17 paragraph, the employer shall pay such 

18 worker the amount which the worker would 

19 have earned if the worker had worked for 

20 the guaranteed number of hours. 

21 ‘‘(iii) PERIOD OF EMPLOYMENT.—For 

22 purposes of this subparagraph, the term ‘pe23 riod of employment’ means the total number 

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1 scribed in the job offer and shall exclude the 

2 worker’s Sabbath and Federal holidays. 

3 ‘‘(B) CALCULATION OF HOURS.—Any hours 

4 which the worker fails to work, up to a max5 imum of the number of hours specified in the job 

6 offer for a work day, when the worker has been 

7 offered an opportunity to do so, and all hours of 

8 work actually performed (including voluntary 

9 work in excess of the number of hours specified 

10 in the job offer in a work day, on the worker’s 

11 Sabbath, or on Federal holidays) may be counted 

12 by the employer in calculating whether the pe13 riod of guaranteed employment has been met. 

14 ‘‘(C) LIMITATION.—If the worker volun15 tarily abandons employment before the end of the 

16 contract period, or is terminated for cause, the 

17 worker is not entitled to the 50 percent guarantee 

18 described in subparagraph (A). 

19 ‘‘(D) TERMINATION OF EMPLOYMENT.— 

20 ‘‘(i) IN GENERAL.—If, before the expi21 ration of the period of employment specified 

22 in the job offer, the services of the worker 

23 are no longer required due to any form of 

24 natural disaster, including flood, hurricane, 

25 freeze, earthquake, fire, drought, plant or 


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1 animal disease, pest infestation, regulatory 

2 action, or any other reason beyond the con3 trol of the employer before the employment 

4 guarantee in subparagraph (A) is fulfilled, 

5 the employer may terminate the worker’s 

6 employment. 

7 ‘‘(ii) REQUIREMENTS.—If a worker’s 

8 employment is terminated under clause (i), 

9 the employer shall— 

10 ‘‘(I) fulfill the employment guar11 antee in subparagraph (A) for the 

12 work days that have elapsed during the 

13 period beginning on the first work day 

14 after the arrival of the worker and end15 ing on the date on which such employ16 ment is terminated; 

17 ‘‘(II) make efforts to transfer the 

18 United States worker to other com19 parable employment acceptable to the 

20 worker; and 

21 ‘‘(III) not later than 24 hours 

22 after termination, notify (or have an 

23 association acting as an agent for the 

24 employer notify) the Secretary of 


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1 Homeland Security of such termi2 nation. 

3 ‘‘(l) PERIOD OF ADMISSION.— 

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

5 admitted for a period of employment, not to exceed 18 

6 months (or 36 months as provided in subsection 

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

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

9 sheepherders, that includes— 

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

11 to the beginning of the period of employment for 

12 the purpose of travel to the work site; and 

13 ‘‘(B) a period of not more than 14 days fol14 lowing the period of employment for the purpose 

15 of departure or a period of not more than 30 

16 days following the period of employment for the 

17 purpose of seeking a subsequent offer of employ18 ment by an employer pursuant to a petition 

19 under this section (or pursuant to at-will em20 ployment pursuant to section 218B during such 

21 time as that section is in effect). An H–2C work22 er who does not depart within these periods will 

23 be considered to have failed to maintain non24 immigrant status as an H–2C worker and shall 

25 be subject to removal under section 


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

2 be inadmissible pursuant to section 

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

4 present, with the alien considered to have been 

5 unlawfully present for 180 days as of the 15th 

6 day following the period of employment for the 

7 purpose of departure or as of the 31st day fol8 lowing the period of employment for the purpose 

9 of seeking a subsequent offer of employment 

10 where the alien has not found at-will employ11 ment with a registered agricultural employer 

12 pursuant to section 218B or employment pursu13 ant to this section. 

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

15 not be employed during the 14-day period described 

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

17 which the alien is otherwise authorized. 

18 ‘‘(m) ABANDONMENT OF EMPLOYMENT.— 

19 ‘‘(1) IN GENERAL.—An alien admitted or pro20 vided status under section 101(a)(15)(H)(ii)(c) who 

21 abandons the employment which was the basis for 

22 such admission or status— 

23 ‘‘(A) shall have failed to maintain non24 immigrant status as an H–2C worker; 


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

2 subject to removal under section 237(a)(1)(C)(i); 

3 and 

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

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

6 been unlawfully present, with the alien consid7 ered to have been unlawfully present for 180 

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

9 abandonment of employment. 

10 ‘‘(2) REPORT BY EMPLOYER.—Not later than 24 

11 hours after an employer learns of the abandonment of 

12 employment by an H–2C worker, the employer or as13 sociation acting as an agent for the employer, shall 

14 notify the Secretary of Homeland Security of such 

15 abandonment. 

16 ‘‘(3) REMOVAL.—The Secretary of Homeland Se17 curity shall promptly remove from the United States 

18 any H–2C worker who violates any term or condition 

19 of the worker’s nonimmigrant status. 

20 ‘‘(4) VOLUNTARY TERMINATION.—Notwith21 standing paragraph (1), an alien may voluntarily 

22 terminate the alien’s employment if the alien prompt23 ly departs the United States upon termination of such 

24 employment. An alien who voluntarily terminates the 

25 alien’s employment and who does not depart within 


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1 14 days shall be considered to have failed to maintain 

2 nonimmigrant status as an H–2C worker and shall 

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

4 Such alien shall be considered to be inadmissible pur5 suant to section 212(a)(9)(B)(i) for having been un6 lawfully present, with the alien considered to have 

7 been unlawfully present for 180 days as of the 15th 

8 day following the voluntary termination of employ9 ment. 

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

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

12 abandons employment notwithstanding the numerical limi13 tation found in section 214(g)(1)(C). 

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

15 UNITED STATES.— 

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

17 approval to employ an H–2C worker who is lawfully 

18 present in the United States, the petition filed by the 

19 employer or an association pursuant to subsection (b) 

20 shall request an extension of the alien’s stay and, if 

21 applicable, a change in the alien’s employment. 

22 ‘‘(2) WORK AUTHORIZATION UPON FILING PETI23 TION FOR EXTENSION OF STAY.— 

24 ‘‘(A) IN GENERAL.—An alien who is law25 fully present in the United States on the date of 


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

2 alien may commence or continue the employment 

3 described in a petition under paragraph (1) 

4 until and unless the petition is denied. The em5 ployer shall provide a copy of the employer’s pe6 tition for extension of stay to the alien. The alien 

7 shall keep the petition with the alien’s identifica8 tion and employment eligibility document, as 

9 evidence that the petition has been filed and that 

10 the alien is authorized to work in the United 

11 States. 

12 ‘‘(B) EMPLOYMENT ELIGIBILITY DOCU13 MENT.—Upon approval of a petition for an ex14 tension of stay or change in the alien’s author15 ized employment, the Secretary of Homeland Se16 curity shall provide a new or updated employ17 ment eligibility document to the alien indicating 

18 the new validity date, after which the alien is 

19 not required to retain a copy of the petition. 

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

21 the term ‘file’ means sending the petition by cer22 tified mail via the United States Postal Service, 

23 return receipt requested, or delivering by guar24 anteed commercial delivery which will provide 

25 the employer with a documented acknowledgment 


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1 of the date of receipt of the petition for an exten2 sion of stay. 

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

4 STATUS.— 

5 ‘‘(A) MAXIMUM PERIOD.—The maximum 

6 continuous period of authorized status as an H– 

7 2C worker (including any extensions) is 18 

8 months for a worker employed in a job that is 

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

10 2C worker employed in a job that is not of a 

11 temporary or seasonal nature, the initial max12 imum continuous period of authorized status is 

13 36 months and subsequent maximum continuous 

14 periods of authorized status are 18 months. 

15 There is no maximum continuous period of au16 thorized status for a sheepherder or for an H–2C 

17 worker who returns to the worker’s permanent 

18 residence outside the United States each day. 

19 ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE

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

21 outside the United States who was employed in 

22 a job of a temporary or seasonal nature pursu23 ant to section 101(a)(15)(H)(ii)(c) whose period 

24 of authorized status as an H–2C worker (includ25 ing any extensions) has expired, the alien may 


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1 not again be admitted to the United States as an 

2 H–2C worker unless the alien has remained out3 side the United States for a continuous period 

equal to at least 1 4 ⁄6 the duration of the alien’s 

5 previous period of authorized status as an H–2C 

6 worker. For an alien outside the United States 

7 who was employed in a job not of a temporary 

8 or seasonal nature pursuant to section 

9 101(a)(15)(H)(ii)(c) whose period of authorized 

10 status as an H–2C worker (including any exten11 sions) has expired, the alien may not again be 

12 admitted to the United States as an H–2C work13 er unless the alien has remained outside the 

14 United States for a continuous period equal to at 

least the lesser of 1 15 ⁄6 the duration of the alien’s 

16 previous period of authorized status as an H–2C 

17 worker or 3 months. There is no requirement to 

18 remain outside the United States for a sheep19 herder or for an H–2C worker who returns to the 

20 worker’s permanent residence outside the United 

21 States each day. 

22 ‘‘(p) ADJUSTMENT OF STATUS.—Notwithstanding any 

23 other provision of law, an alien who is unlawfully present 

24 in the United States on April 25, 2013, is eligible to adjust 

25 status to that of an H–2C worker. 


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

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

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

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

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

6 workers to return to their country of origin upon ex7 piration of their visas. 

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

9 THE TRUST FUND.— 

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

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

12 201 et seq.), all employers of H–2C workers shall 

13 withhold from the wages of the workers an 

14 amount equivalent to 10 percent of the wages of 

15 each worker and pay such withheld amount into 

16 the Trust Fund. 

17 ‘‘(B) JOBS THAT ARE NOT OF A TEMPORARY

18 OR SEASONAL NATURE.—Employers of H–2C 

19 workers employed in jobs that are not of a tem20 porary or seasonal nature shall pay into the 

21 Trust Fund an amount equivalent to the Federal 

22 tax on the wages paid to H–2C workers that the 

23 employer would be obligated to pay under chap24 ters 21 and 23 of the Internal Revenue Code of 


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1 1986 had the H–2C workers been subject to such 

2 chapters. 

3 Amounts withheld under this paragraph shall be 

4 maintained in such interest bearing account with 

5 such a financial institution as the Secretary of Agri6 culture shall specify. 

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

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

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

10 earned thereon, shall be paid by the Secretary of State 

11 to the worker if— 

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

13 State (or the designee of such Secretary) for pay14 ment within 120 days of the expiration of the 

15 alien’s last authorized stay in the United States 

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

17 or consulate in the worker’s home country; 

18 ‘‘(B) in such application the worker estab19 lishes that the worker has complied with the 

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

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

22 H–2C worker confirms their identity. 

23 ‘‘(4) ADMINISTRATIVE EXPENSES.—The amounts 

24 paid into the Trust Fund and held pursuant to para25 graph (2)(B), and interest earned thereon, shall be 


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1 paid to the Secretary of State, the Secretary of Agri2 culture, and the Secretary of Homeland Security in 

3 amounts equivalent to the expenses incurred by such 

4 officials in the administration of the H–2C program 

5 not reimbursed pursuant to subsection (h)(2) or sec6 tion 218B(b). 

7 ‘‘(5) LAW ENFORCEMENT.—Notwithstanding any 

8 other provision of law, amounts paid into the Trust 

9 Fund under paragraph (2), and interest earned there10 on, that are not needed to carry out paragraphs (3) 

11 and (4) shall, to the extent provided in advance in 

12 appropriations Acts, be made available until ex13 pended without fiscal year limitation to the Secretary 

14 of Homeland Security to apprehend, detain, and re15 move aliens unlawfully present in the United States. 

16 ‘‘(r) INVESTMENT OF TRUST FUND.— 

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

18 Secretary of the Treasury to invest such portion of the 

19 Trust Fund as is not, in the Secretary’s judgment, re20 quired to meet current withdrawals. Such investments 

21 may be made only in interest-bearing obligations of 

22 the United States or in obligations guaranteed as to 

23 both principal and interest by the United States. For 

24 such purpose, such obligations may be acquired— 

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


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1 ‘‘(B) by purchase of outstanding obligations 

2 at the market price. 

3 The purposes for which obligations of the United 

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

5 United States Code, are hereby extended to authorize 

6 the issuance at par of special obligations exclusively 

7 to the Trust Fund. Such special obligations shall bear 

8 interest at a rate equal to the average rate of interest, 

9 computed as to the end of the calendar month next 

10 preceding the date of such issue, borne by all market11 able interest-bearing obligations of the United States 

12 then forming a part of the public debt, except that 

where such average rate is not a multiple of 1 13 ⁄8 of 1 

14 percent, the rate of interest of such special obligations 

shall be the multiple of 1 15 ⁄8 of 1 percent next lower 

16 than such average rate. Such special obligations shall 

17 be issued only if the Secretary of the Treasury deter18 mines that the purchase of other interest-bearing obli19 gations of the United States, or of obligations guaran20 teed as to both principal and interest by the United 

21 States on original issue or at the market price, is not 

22 in the public interest. 

23 ‘‘(2) SALE OF OBLIGATION.—Any obligation ac24 quired by the Trust Fund (except special obligations 

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


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1 the Secretary of the Treasury at the market price, and 

2 such special obligations may be redeemed at par plus 

3 accrued interest. 

4 ‘‘(3) CREDITS TO TRUST FUND.—The interest on, 

5 and the proceeds from the sale or redemption of, any 

6 obligations held in the Trust Fund shall be credited 

7 to and form a part of the Trust Fund. 

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

9 duty of the Secretary of the Treasury to hold the 

10 Trust Fund, and (after consultation with the Sec11 retary of Agriculture) to report to the Congress each 

12 year on the financial condition and the results of the 

13 operations of the Trust Fund during the preceding 

14 fiscal year and on its expected condition and oper15 ations during the next fiscal year. Such report shall 

16 be printed as both a House and a Senate document 

17 of the session of the Congress to which the report is 

18 made. 

19 ‘‘(s) AUDIT OF TRUST FUND.—The Secretary of Home20 land Security annually shall audit the Trust Fund.’’. 

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

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

23 seq.) is amended by inserting after section 218A (as inserted 

24 by subsection (a)) the following: 


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

2 WORKERS. 

3 ‘‘(a) AT-WILL EMPLOYMENT.— 

4 ‘‘(1) IN GENERAL.—An H–2C worker may per5 form agricultural labor or services for any employer 

6 that is designated as a ‘registered agricultural em7 ployer’ pursuant to subsection (b). However, an H– 

8 2C worker may only perform labor or services pursu9 ant to this section if the worker is already lawfully 

10 present in the United States as an H–2C worker, hav11 ing been admitted or otherwise provided non12 immigrant status pursuant to section 218A, and has 

13 completed the period of employment specified in the 

14 job offer the worker accepted pursuant to section 218A 

15 or the employer has terminated the worker’s employ16 ment pursuant to section 218A(k)(3)(D)(i). An H–2C 

17 worker who abandons the employment which was the 

18 basis for admission or status pursuant to section 

19 218A may not perform labor or services pursuant to 

20 this section until the worker has returned to their 

21 home country, been readmitted as an H–2C worker 

22 pursuant to section 218A and has completed the pe23 riod of employment specified in the job offer the work24 er accepted pursuant to section 218A or the employer 

25 has terminated the worker’s employment pursuant to 

26 section 218A(k)(3)(D)(i). 


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1 ‘‘(2) PERIOD OF STAY.—An H–2C worker per2 forming such labor or services for a registered agricul3 tural employer is subject to the period of admission, 

4 limitation of stay in status, and requirement to re5 main outside the United States contained in sub6 sections (l) and (o)(3) of section 218A. 

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

8 conclusion of at-will employment with a registered 

9 agricultural employer or the conclusion of employ10 ment pursuant to section 218A qualifying an H–2C 

11 worker to perform at-will work pursuant to this sec12 tion, an H–2C worker shall find at-will employment 

13 with a registered agricultural employer or employ14 ment pursuant to section 218A within 30 days or will 

15 be considered to have failed to maintain non16 immigrant status as an H–2C worker and shall de17 part from the United States or be subject to removal 

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

19 does not so depart shall be considered to be inadmis20 sible pursuant to section 212(a)(9)(B)(i) for having 

21 been unlawfully present, with the alien considered to 

22 have been unlawfully present for 180 days as of the 

23 31st day after conclusion of employment where the 

24 alien has not found at-will employment with a reg25 istered agricultural employer or employment pursuVerDate Sep 11 2014 21:22 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\H1773.RH H1773

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1 ant to section 218A. However, an alien may volun2 tarily terminate the alien’s employment if the alien 

3 promptly departs the United States upon termination 

4 of such employment. Either a registered agricultural 

5 employer or an H–2C worker may voluntarily termi6 nate the worker’s at-will employment at any time. 

7 The H–2C worker then shall find additional at-will 

8 employment with a registered agricultural employer 

9 or employment pursuant to section 218A within 30 

10 days or will be considered to have failed to maintain 

11 nonimmigrant status as an H–2C worker and shall 

12 depart from the United States or be subject to removal 

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

14 does not so depart shall be considered to be inadmis15 sible pursuant to section 212(a)(9)(B)(i) for having 

16 been unlawfully present, with the alien considered to 

17 have been unlawfully present for 180 days as of the 

18 31st day after conclusion of employment where the 

19 alien has not found at-will employment with a reg20 istered agricultural employer or employment pursu21 ant to section 218A. 

22 ‘‘(b) REGISTERED AGRICULTURAL EMPLOYERS.—The 

23 Secretary of Agriculture shall establish a process to accept 

24 and adjudicate applications by employers to be designated 

25 as registered agricultural employers. The Secretary shall reVerDate Sep 11 2014 21:22 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6203 E:\BILLS\H1773.RH H1773

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1 quire, as a condition of approving the petition, the payment 

2 of a fee to recover the reasonable cost of processing the appli3 cation. The Secretary shall designate an employer as a reg4 istered agricultural employer if the Secretary determines 

5 that the employer— 

6 ‘‘(1) employs individuals who perform agricul7 tural labor or services; 

8 ‘‘(2) has not been subject to debarment from re9 ceiving future temporary agricultural labor certifi10 cations pursuant to section 101(a)(15)(H)(ii)(a) 

11 within the last five years; 

12 ‘‘(3) has not been subject to disqualification from 

13 the employment of H–2C workers within the last five 

14 years; 

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

16 pursuant to this section, abide by the terms of the at17 testations contained in section 218A(b) and the obli18 gations contained in subsections (k) (excluding para19 graph (3) of such subsection) and (q) of section 218A 

20 as if it had submitted a petition making those attesta21 tions and accepting those obligations; and 

22 ‘‘(5) agrees to notify the Secretary of Agriculture 

23 and the Secretary of Homeland Security each time it 

24 employs an H–2C worker pursuant to this section 

25 within 24 hours of the commencement of employment 


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

2 within 24 hours of the cessation of employment. 

3 ‘‘(c) LENGTH OF DESIGNATION.—An employer’s des4 ignation as a registered agricultural employer shall be valid 

5 for 3 years, and the designation can be extended upon re6 application for additional 3-year terms. The Secretary shall 

7 revoke a designation before the expiration of its three year 

8 term if the employer is subject to disqualification from the 

9 employment of H–2C workers subsequent to being des10 ignated as a registered agricultural employer. 

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

12 shall be responsible for conducting investigations and ran13 dom audits of employers to ensure compliance with the re14 quirements of this section. All monetary fines levied against 

15 violating employers shall be paid to the Department of Ag16 riculture and used to enhance the Department of Agri17 culture’s investigatory and audit power. The Secretary of 

18 Agriculture’s enforcement powers and an employer’s liabil19 ity described in subsections (i) through (j) of section 218A 

20 are applicable to employers employing H–2C workers pur21 suant to this section. 

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

23 Homeland Security shall promptly remove from the United 

24 States any H–2C worker who is or had been employed pur25 suant to this section on an at-will basis who is who violates 


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1 any term or condition of the worker’s nonimmigrant sta2 tus.’’. 

3 (c) PROHIBITION ON FAMILY MEMBERS.—Section 

4 101(a)(15)(H) of the Immigration and Nationality Act (8 

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

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

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

8 (d) NUMERICAL CAP.—Section 214(g)(1) of the Immi9 gration and Nationality Act (8 U.S.C. 1184(g)(1)) is 

10 amended— 

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

12 end; 

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

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

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

16 ‘‘(C) under section 101(a)(15)(H)(ii)(c) may not 

17 exceed 500,000, except that— 

18 ‘‘(i) the Secretary of Agriculture may de19 crease such number based on— 

20 ‘‘(I) a shortage or surplus of workers 

21 performing agricultural labor or services; 

22 ‘‘(II) growth or contraction in the 

23 United States agricultural industry that 

24 has increased or decreased the demand for 


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1 workers to perform agricultural labor or 

2 services; 

3 ‘‘(III) the level of unemployment and 

4 underemployment of United States workers 

5 (as defined in section 218A(a)(8)) in agri6 cultural labor or services; 

7 ‘‘(IV) the number of nonimmigrant 

8 workers employers sought during the pre9 ceding fiscal year pursuant to clause (a) or 

10 (c) of section 101(a)(15)(H)(ii); 

11 ‘‘(V) the number of H–2C workers (as 

12 defined in section 218A(a)(5)) who in the 

13 preceding fiscal year had to depart from the 

14 United States or be subject to removal 

15 under section 237(a)(1)(C)(i) because they 

16 could not find additional at-will employ17 ment within 30 days pursuant to section 

18 218B; 

19 ‘‘(VI) the estimated number of United 

20 States workers (as defined in section 

21 218A(a)(8)) who worked in agriculture dur22 ing the preceding fiscal year pursuant to 

23 clause (a) or (c) of section 

24 101(a)(15)(H)(ii); and 


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1 ‘‘(VII) the number of nonimmigrant 

2 agricultural workers issued a visa or other3 wise provided nonimmigrant status pursu4 ant to clause (a) or (c) of section 

5 101(a)(15)(H)(ii) during preceding fiscal 

6 years who remain in the United States out 

7 of compliance with the terms of their status; 

8 ‘‘(ii) during any fiscal year, the Secretary 

9 of Agriculture may increase such number on an 

10 emergency basis for severe shortages of agricul11 tural labor or services; and 

12 ‘‘(iii) this numerical limitation shall not 

13 apply to any alien who performed agricultural 

14 labor or services in the United States for not 

15 fewer than 575 hours, or 100 days in which the 

16 alien was employed 5.75 or more hours per day, 

17 pursuant to section 7 of the AG Act during the 

18 2-year period beginning on the date of the enact19 ment of such Act and ending on the date that is 

20 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 (8 

23 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 Secretary 

2 of Homeland Security’’. 

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

4 appears and inserting ‘‘Secretary of Homeland Secu5 rity’’; 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 hav16 ing 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 inserting ‘‘and section 

22 218A’’ after ‘‘(t)(1)(A)(i)(II)’’; and 

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

24 218A’’ after ‘‘(t)(1)(A)(i)(II)’’. 


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

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

3 seq.) is amended by inserting after the item relating to sec4 tion 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 against 

12 the nonimmigrant’s employer, unless at least 90 days prior 

13 to bringing the action a request has been made to the Fed14 eral Mediation and Conciliation Service to assist the par15 ties in reaching a satisfactory resolution of all issues involv16 ing all parties to the dispute and mediation has been at17 tempted. 

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. 1802(8)(B)(ii)) 

22 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 

7 grievance relating to the employment relationship. An em8 ployer shall provide any such worker with notice of such 

9 condition of employment at the time the job offer is made. 

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

11 such arbitration and mediation process shall be equally di12 vided between the employer and the H–2C worker, except 

13 that each party shall be responsible for the cost of its own 

14 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 employment, 

19 the job responsibilities, the employee conduct stand20 ards, and the grievance resolution process, and to 

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

22 consent or accept in order to be hired for the position. 

23 (2) The term ‘‘H–2C worker’’ means a non24 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 (a) IN GENERAL.—The Secretary of Homeland Secu7 rity shall waive the grounds of inadmissibility contained 

8 in paragraphs (5), (6), (7), and (9)(B) of section 212(a), 

9 and the grounds of deportability contained in subpara10 graphs (A) through (D) of paragraph (1), and paragraph 

11 (3), of section 237(a), of the Immigration and Nationality 

12 Act (8 U.S.C. 1101 et seq.) in the case of an alien described 

13 in subsection (b) solely as may be necessary in order to 

14 allow the alien to perform agricultural labor or services. 

15 Such alien shall not be considered an unauthorized alien 

16 for purposes of section 274A(h)(3) of the Immigration and 

17 Nationality Act (8 U.S.C. 1324a(h)(3)) or to be unlawfully 

18 present as long as the alien performs such labor or services. 

19 Such aliens must thereafter remain outside the United 

20 States for a period before they may be issued visas or other21 wise provided status as H–2C workers. 

22 (b) ALIENS DESCRIBED.—An alien described in this 

23 subsection is an alien who— 

24 (1) was physically present in the United States 

25 on April 25, 2013; and 


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1 (2) performed agricultural labor or services in 

2 the United States for not fewer than 575 hours, or 

3 100 days in which the alien was employed 5.75 or 

4 more hours per day, during the 2-year period ending 

5 on the date of the enactment of this Act. 

6 SEC. 8. ELIGIBILITY FOR FEDERAL PUBLIC BENEFITS AND 

7 REFUNDABLE TAX CREDITS. 

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

9 defined in section 218A(a)(5) of the Immigration and Na10 tionality Act, as inserted by section 3(a) of this Act) and 

11 aliens performing agricultural labor or services pursuant 

12 to section 7 of this Act— 

13 (1) are not entitled to the premium assistance 

14 tax credit authorized under section 36B of the Inter15 nal Revenue Code of 1986; 

16 (2) shall be subject to the rules applicable to in17 dividuals who are not lawfully present set forth in 

18 subsection (e) of such section; and 

19 (3) shall be subject to the rules applicable to in20 dividuals who are not lawfully present set forth in 

21 section 1402(e) of the Patient Protection and Afford22 able Care Act (42 U.S.C. 18071(e)). 

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

24 defined in section 218A(a)(5) of the Immigration and Na25 tionality Act, as inserted by section 3(a) of this Act) and 


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1 aliens performing agricultural labor or services pursuant 

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

3 section 24 or 32 of the Internal Revenue Code of 1986. In 

4 the case of a joint return, no credit shall be allowed under 

5 either such section if both spouses are such a worker or 

6 alien. 

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

8 (a) EFFECTIVE DATES.— 

9 (1) IN GENERAL.—The amendments made by sec10 tions 2 and 4 through 6, and subsections (a) and (c) 

11 through (f) of section 3, of this Act shall take effect 

12 on the date that is 2 years after the date of the enact13 ment of this Act, and the Secretary of Agriculture 

14 shall accept petitions to import an alien under sec15 tions 101(a)(15)(H)(ii)(c) and 218A of the Immigra16 tion and Nationality Act, as inserted by this Act, be17 ginning on such date. 

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

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

20 the date that it becomes unlawful for any person or 

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

22 for employment in the United States an individual 

23 (as provided in section 274A(a)(1) of the Immigra24 tion and Nationality Act) (8 U.S.C. 1324a(a)(1)) 

25 without participating in the E-Verify Program deVerDate Sep 11 2014 21:22 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H1773.RH H1773

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1 scribed in section 403(a) of the Illegal Immigration 

2 Reform and Immigrant Responsibility Act of 1996 (8 

3 U.S.C. 1324a note) or an employment eligibility 

4 verification system patterned on such program’s 

5 verification system, and only if at that time the E6 Verify Program (or another program patterned after 

7 the E-Verify Program) responds to inquiries made by 

8 such persons or entities by providing confirmation, 

9 tentative nonconfirmation, and final nonconfirmation 

10 of an individual’s identity and employment eligibility 

11 in such a way that indicates whether the individual 

12 is eligible to be employed in all occupations or only 

13 to perform agricultural labor or services pursuant to 

14 section 101(a)(15)(H)(ii)(c) of the Immigration and 

15 Nationality Act (as inserted by this Act), and if the 

16 latter, whether the nonimmigrant would be in compli17 ance with their maximum continuous period of au18 thorized status and requirement to remain outside the 

19 United States pursuant to sections 218A and 218B of 

20 such Act (as so added) and on what date the alien 

21 would cease to be in compliance with their maximum 

22 continuous period of authorized status. 

23 (3) AGRICULTURAL LABOR OR SERVICES BY

24 ALIENS UNLAWFULLY PRESENT.—Section 7 of this Act 

25 shall take effect on the date of the enactment of this 


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1 Act and shall cease to be in effect on the date that is 

2 2 years after such date. 

3 (b) OPERATION AND SUNSET OF THE H–2A PRO4 GRAM.— 

5 (1) APPLICATION OF EXISTING REGULATIONS.— 

6 The Department of Labor H–2A program regulations 

7 published at 73 Federal Register 77110 et seq. (2008) 

8 shall be in force for all petitions approved under sec9 tions 101(a)(15)(H)(ii)(c) and 218A of the Immigra10 tion and Nationality Act, as inserted by this Act, be11 ginning on the date of the enactment of this Act. 

12 (2) ADJUSTMENT OF STATUS.—Notwithstanding 

13 any other provision of law, an alien who is unlaw14 fully present in the United States on the date of the 

15 enactment of this Act is eligible to adjust status to 

16 that of an alien described in section 

17 101(a)(15)(H)(ii)(a) of the Immigration and Nation18 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) beginning 

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

20 on the date that is 2 years after the date of the enact21 ment of this Act. 

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

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

24 new petition to import an alien under sections 

25 101(a)(15)(H)(ii)(a) and 218 of the Immigration and 


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1 Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a); 8 

2 U.S.C. 1188) shall be accepted. 

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

4 date of the enactment of this Act, the Secretary of Agri5 culture shall promulgate regulations, in accordance with the 

6 notice and comment provisions of section 553 of title 5, 

7 United States Code, to implement the Secretary’s duties 

8 under this Act. 


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Union Calendar No. 506 

113TH CONGRESS 

2D SESSION H. R. 1773 

[Report No. 113–674, Part I] 

A BILL 

To create a nonimmigrant H–2C work visa proposes. gram for agricultural workers, and for other purDECEMBER 12, 2014 

Reported from the Committee on the Judiciary with an 

amendment 

DECEMBER 12, 2014 

The Committees on Education and the Workforce and 

and ordered to be printed mittee of the Whole House on the State of the Union Ways and Means discharged; committed to the ComVerDate Sep 11 2014 21:22 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00056 Fmt 6651 Sfmt 6651 E:\BILLS\H1773.RH H1773

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