I 

110TH CONGRESS 

1ST SESSION H. R. 1792 

To simplify the process for admitting temporary alien agricultural workers 

under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 

Act, to increase access to such workers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Mr. GOODLATTE (for himself, Mr. BISHOP of Georgia, Mr. KINGSTON, Mrs. 

JO ANN DAVIS of Virginia, and Ms. FOXX) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Agriculture, 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 simplify the process for admitting temporary alien agricultural workers under section 101(a)(15)(H)(ii)(a) of 

the Immigration and Nationality Act, to increase access 

to such 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 the ‘‘Temporary Agricul5 tural Labor Reform Act of 2007’’. 


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1 SEC. 2. ADMISSION OF TEMPORARY H–2A WORKERS. 

2 (a) PROCEDURE FOR ADMISSION.—Section 218 of 

3 the Immigration and Nationality Act (8 U.S.C. 1188) is 

4 amended to read as follows: 

5 ‘‘ADMISSION OF TEMPORARY H–2A WORKERS

6 ‘‘SEC. 218. (a) DEFINITIONS.—In this section: 

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

8 of employment’ means the area within normal com9 muting distance of the worksite or physical location 

10 where the work of the H–2A worker is or will be 

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

12 Metropolitan Statistical Area, any place within such 

13 area shall be considered to be within the area of em14 ployment. 

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

16 lay off a worker from a job that is essentially equiv17 alent to the job for which an H–2A worker is 

18 sought. A job shall not be considered to be ‘essen19 tially equivalent’ to another job unless the job— 

20 ‘‘(A) involves essentially the same respon21 sibilities as such other job; 

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

23 with substantially equivalent qualifications and 

24 experience; and 

25 ‘‘(C) is located in the same area of employ26 ment as the other job. 


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

2 individual’ means an individual who is not an unau3 thorized alien (as defined in section 274A(h)(3)) 

4 with respect to the employment of the individual. 

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

6 an employer who hires workers to perform agricul7 tural employment. 

8 ‘‘(5) H–2A WORKER.—The term ‘H–2A worker’ 

9 means a nonimmigrant described in section 

10 101(a)(15)(H)(ii)(a). 

11 ‘‘(6) LAY OFF.— 

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

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

14 employment, other than through a dis15 charge for inadequate performance, viola16 tion of workplace rules, cause, voluntary 

17 departure, voluntary retirement, or the ex18 piration of a grant or contract (other than 

19 a temporary employment contract entered 

20 into in order to evade a condition described 

21 in paragraph (3) or (7) of subsection (b); 

22 and 

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

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1 lar employment opportunity with the same 

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

3 a worker with another employer under sub4 section (h)(2), with either employer de5 scribed in such subsection) at equivalent or 

6 higher compensation and benefits than the 

7 position from which the employee was dis8 charged, regardless of whether or not the 

9 employee accepts the offer. 

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

11 paragraph is intended to limit an employee’s 

12 rights under a collective bargaining agreement 

13 or other employment contract. 

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

15 wage’ means the wage rate that includes the 51st 

16 percentile of employees with similar experience and 

17 qualifications in the agricultural occupation in the 

18 area of intended employment, calculated using the 

19 same methodology used by the Department of Labor 

20 to determine prevailing wage for the purpose of the 

21 program described in section 101(a)(15)(H)(ii)(b) 

22 during 2007, and expressed in terms of the pre23 vailing method of pay for the occupation in the area 

24 of intended employment. 


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

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

3 ‘‘(A) a national of the United States; or 

4 ‘‘(B) a person admitted for permanent 

5 resident status under section 245 of the Immi6 gration and Nationality Act (8 U.S.C. 1255). 

7 ‘‘(b) PETITION.—An alien may not be admitted as 

8 an H–2A worker unless an employer has filed with the 

9 Secretary of Homeland Security a petition attesting to the 

10 following: 

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

12 ‘‘(A) IN GENERAL.—The employer is seek13 ing to employ a specific number of agricultural 

14 workers on a temporary basis and will provide 

15 compensation to such workers at a specified 

16 wage rate and under specified conditions. 

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

18 paragraph, a worker is employed on a tem19 porary basis if the employer intends to employ 

20 the worker for no longer than 10 months dur21 ing any contract period. 

22 ‘‘(2) BENEFITS, WAGES, AND WORKING CONDI23 TIONS.—The employer will provide, at a minimum, 

24 the benefits, wages, and working conditions required 

25 by subsection (j) to all workers employed in the jobs 


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1 for which the H–2A worker is sought and to all 

2 other temporary workers in the same occupation at 

3 the place of employment. 

4 ‘‘(3) NONDISPLACEMENT OF UNITED STATES

5 WORKERS.—The employer did not displace and will 

6 not displace a United States worker employed by the 

7 employer during the period of employment of the H– 

8 2A worker and during the 30-day period imme9 diately preceding such period of employment in the 

10 occupation at the place of employment for which the 

11 employer seeks approval to employ H–2A workers. 

12 ‘‘(4) RECRUITMENT.— 

13 ‘‘(A) IN GENERAL.—The employer— 

14 ‘‘(i) conducted adequate recruitment 

15 in the area of intended employment before 

16 filing the attestation; and 

17 ‘‘(ii) was unsuccessful in locating a 

18 qualified United States worker for the job 

19 opportunity for which the H–2A worker is 

20 sought. 

21 ‘‘(B) OTHER REQUIREMENTS.—The re22 cruitment requirement under subparagraph (A) 

23 is satisfied if the employer places— 

24 ‘‘(i) a local job order with the State 

25 workforce agency serving the local area 


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1 where the work will be performed, except 

2 that nothing in this clause shall require the 

3 employer to file an interstate job order 

4 under section 653 of title 20, Code of Fed5 eral Regulations; and 

6 ‘‘(ii) a Sunday advertisement in a 

7 newspaper of general circulation in the 

8 area of intended employment. 

9 ‘‘(C) ADVERTISEMENT REQUIREMENT.— 

10 The advertisement requirement under subpara11 graph (B)(ii) is satisfied if the advertisement— 

12 ‘‘(i) names the employer; 

13 ‘‘(ii) directs applicants to contact the 

14 employer; 

15 ‘‘(iii) provides a description of the va16 cancy that is specific enough to apprise 

17 United States workers of the job oppor18 tunity for which certification is sought; 

19 ‘‘(iv) describes the geographic area 

20 with enough specificity to apprise appli21 cants of any travel requirements and where 

22 applicants will likely have to reside to per23 form the job; and 

24 ‘‘(v) states the rate of pay, which 

25 shall not be less than the wage paid for the 


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1 occupation in the area of intended employ2 ment. 

3 ‘‘(D) END OF RECRUITMENT REQUIRE4 MENT.—The requirement to recruit United 

5 States workers shall terminate on the first day 

6 of the contract period that work begins. 

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

8 The employer has offered or will offer the job for 

9 which the H–2A worker is sought to any eligible 

10 United States worker who— 

11 ‘‘(A) applies; 

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

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

14 of need. 

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

16 which the H–2A worker is sought is not covered by 

17 State workers’ compensation law, the employer will 

18 provide, at no cost to the worker, insurance covering 

19 injury and disease arising out of, and in the course 

20 of, the worker’s employment, which will provide ben21 efits at least equal to those provided under the State 

22 workers’ compensation law for comparable employ23 ment. 

24 ‘‘(7) REQUIREMENTS FOR PLACEMENT OF H–2A

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1 immigrant who is admitted into the United States as 

2 an H–2A worker may be transferred to another em3 ployer that has certified to the Secretary of Home4 land Security that it has filed a petition under this 

5 subsection and is in compliance with this section. 

6 The Secretary of Homeland Security shall establish 

7 a process for the approval and reissuance of visas 

8 for such transferred H–2A workers as necessary. 

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

10 strike or lockout in the course of a labor dispute 

11 which, under regulations promulgated by the Sec12 retary of Labor, precludes the hiring of H–2A work13 ers. 

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

15 has not, during the previous two-year period, em16 ployed H–2A workers and knowingly violated a ma17 terial term or condition of approval with respect to 

18 the employment of domestic or nonimmigrant work19 ers, as determined by the Secretary of Labor after 

20 notice and opportunity for a hearing. 

21 ‘‘(c) PUBLIC EXAMINATION.—Not later than 1 work22 ing day after the date on which a petition under this sec23 tion is filed, the employer shall make a copy of each such 

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

25 principal place of business or worksite. 


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1 ‘‘(d) LIST.— 

2 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

3 Security shall maintain a list of the petitions filed 

4 under subsection (b), which shall— 

5 ‘‘(A) be sorted by employer; and 

6 ‘‘(B) include the number of H–2A workers 

7 sought, the wage rate, the period of intended 

8 employment, and the date of need for each 

9 alien. 

10 ‘‘(2) AVAILABILITY.—The Secretary of Home11 land Security shall, at least monthly, submit a copy 

12 of the list described in paragraph (1) to the Sec13 retary of Labor, who shall make the list available for 

14 public examination. 

15 ‘‘(e) PETITIONING FOR ADMISSION.— 

16 ‘‘(1) IN GENERAL.—An employer, or an asso17 ciation acting as an agent or joint employer for its 

18 members, that seeks the admission into the United 

19 States of an H–2A worker shall file with the Sec20 retary of Homeland Security a petition that includes 

21 the attestations described in subsection (b). 

22 ‘‘(2) CONSIDERATION OF PETITIONS.—For each 

23 petition filed and considered under this subsection— 

24 ‘‘(A) the Secretary of Homeland Security 

25 may not require such petition to be filed more 


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1 than 28 days before the first date the employer 

2 requires the labor or services of the H–2A 

3 worker; and 

4 ‘‘(B) unless the Secretary of Homeland Se5 curity determines that the petition is incomplete 

6 or obviously inaccurate, the Secretary, not later 

7 than 7 days after the date on which such peti8 tion was filed, shall either approve or reject the 

9 petition. 

10 ‘‘(3) EXPEDITED ADJUDICATION.—The Sec11 retary of Homeland Security shall— 

12 ‘‘(A) establish a procedure for expedited 

13 adjudication of petitions filed under this sub14 section; and 

15 ‘‘(B) not later than 7 working days after 

16 such filing, transmit, by fax, cable, or other 

17 means assuring expedited delivery, a copy of no18 tice of action on the petition— 

19 ‘‘(i) in the case of approved petitions, 

20 to the petitioner, the Secretary of Labor, 

21 and to the appropriate immigration officer 

22 at the port of entry or United States con23 sulate where the petitioner has indicated 

24 that the alien beneficiary or beneficiaries 


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1 will apply for a visa or admission to the 

2 United States; and 

3 ‘‘(ii) in the case of denied petitions, to 

4 the petitioner, including reasons for the de5 nial and instructions on how to appeal 

6 such denial. 

7 ‘‘(4) PETITION AGREEMENTS.—By filing an H– 

8 2A petition, a petitioner and each employer consents 

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

10 performed to the Department of Labor, the Depart11 ment of Homeland Security, or a State agency for 

12 the purpose of investigations to determine compli13 ance with H–2A requirements. 

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

15 ‘‘(1) PERMITTING FILING BY AGRICULTURAL

16 ASSOCIATIONS.—A petition to hire an alien as a 

17 temporary agricultural worker may be filed by an as18 sociation of agricultural employers which use agri19 cultural services. 

20 ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS

21 EMPLOYERS.—If an association is a joint or sole em22 ployer of temporary agricultural workers, such work23 ers may be transferred among its members to per24 form agricultural services of a temporary nature for 

25 which the petition was approved. 


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1 ‘‘(3) TREATMENT OF VIOLATIONS.— 

2 ‘‘(A) INDIVIDUAL MEMBER.—If an indi3 vidual member of a joint employer association 

4 violates any condition for approval with respect 

5 to the member’s petition, the Secretary of 

6 Homeland Security shall deny such petition 

7 only with respect to that member of the associa8 tion unless the Secretary of Labor determines 

9 that the association or other member partici10 pated in, had knowledge of, or had reason to 

11 know of the violation. 

12 ‘‘(B) ASSOCIATION OF AGRICULTURAL EM13 PLOYERS.— 

14 ‘‘(i) JOINT EMPLOYER.—If an associa15 tion representing agricultural employers as 

16 a joint employer violates any condition for 

17 approval with respect to the association’s 

18 petition, the Secretary of Homeland Secu19 rity shall deny such petition only with re20 spect to the association and may not apply 

21 the denial to any individual member of the 

22 association, unless the Secretary of Labor 

23 determines that the member participated 

24 in, had knowledge of, or had reason to 

25 know of the violation. 


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1 ‘‘(ii) SOLE EMPLOYER.—If an associa2 tion of agricultural employers approved as 

3 a sole employer violates any condition for 

4 approval with respect to the association’s 

5 petition, no individual member of such as6 sociation may be the beneficiary of the 

7 services of temporary alien agricultural 

8 workers admitted under this section in the 

9 occupation in which such aliens were em10 ployed by the association which was denied 

11 approval during the period such denial is 

12 in force, unless such member employs such 

13 aliens in the occupation in question di14 rectly or through an association which is a 

15 joint employer of such workers with the 

16 member. 

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

18 Secretary of Homeland Security shall promulgate regula19 tions to provide for an expedited procedure— 

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

21 under this section by the Secretary; or 

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

23 administrative hearing respecting the denial. 

24 ‘‘(h) MISCELLANEOUS PROVISIONS.— 


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

2 Secretary of Homeland Security shall provide for the 

3 endorsement of entry and exit documents of H–2A 

4 workers as may be necessary to carry out this sec5 tion and to provide notice for purposes of section 

6 274A. 

7 ‘‘(2) PREEMPTION OF STATE LAWS.—The pro8 visions of subsections (a) and (c) of section 214 and 

9 the provisions of this section preempt any State or 

10 local law regulating admissibility of nonimmigrant 

11 workers. 

12 ‘‘(3) FEES.— 

13 ‘‘(A) IN GENERAL.—The Secretary of 

14 Homeland Security may require, as a condition 

15 of approving the petition, the payment of a fee, 

16 in accordance with subparagraph (B), to re17 cover the reasonable cost of processing peti18 tions. 

19 ‘‘(B) FEE BY TYPE OF EMPLOYEE.— 

20 ‘‘(i) SINGLE EMPLOYER.—An em21 ployer whose petition for temporary alien 

22 agricultural workers is approved shall, for 

23 each approved petition, 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–2A worker; and 

4 ‘‘(II) does not exceed $1,000. 

5 ‘‘(ii) ASSOCIATION.—Each employer6 member of a joint employer association 

7 whose petition for H–2A workers is ap8 proved shall, for each such approved peti9 tion, pay a fee that— 

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

11 equal to $100 plus $10 for each ap12 proved H–2A worker; and 

13 ‘‘(II) does not exceed $1,000. 

14 ‘‘(iii) LIMITATION ON ASSOCIATION

15 FEES.—A joint employer association under 

16 clause (ii) shall not be charged a separate 

17 fee. 

18 ‘‘(C) METHOD OF PAYMENT.—The fees 

19 collected under this paragraph shall be paid by 

20 check or money order to the Department of 

21 Homeland Security. In the case of employers of 

22 H–2A workers that are members of a joint em23 ployer association petitioning applying on their 

24 behalf, the aggregate fees for all employers of 


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1 H–2A workers under the petition may be paid 

2 by 1 check or money order. 

3 ‘‘(4) EMPLOYMENT VERIFICATION PROGRAM.— 

4 ‘‘(A) IN GENERAL.—Not later than 12 

5 months after the date of enactment of this 

6 paragraph, the Secretary of Homeland Security 

7 shall establish a mandatory employment 

8 verification program for all employers of H–2A 

9 workers to verify the eligibility of all individuals 

10 hired by each such employer, including those 

11 who present an H–2A visa to work in the 

12 United States. 

13 ‘‘(B) EMPLOYER COMPLIANCE.—Each em14 ployer of an H–2A worker shall comply with the 

15 requirements promulgated by the Secretary of 

16 Homeland Security to verify the identity and 

17 employment eligibility of all individuals hired. 

18 ‘‘(C) REGULATIONS.—In carrying out the 

19 program under this paragraph, the Secretary of 

20 Homeland Security shall promulgate regulations 

21 to require each employer to verify the employ22 ment eligibility of each employee hired 

23 through— 

24 ‘‘(i) a secure Internet site; 


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1 ‘‘(ii) a machine capable of reading the 

2 H–2A visa, which shall serve as the identi3 fication and employment eligibility docu4 ment for each H–2A alien; or 

5 ‘‘(iii) a toll-free telephone number to 

6 check the accuracy of any social security 

7 number presented to the employer. 

8 ‘‘(i) ENFORCEMENT.— 

9 ‘‘(1) INVESTIGATIONS AND AUDITS.—The Sec10 retary of Labor shall be responsible for conducting 

11 investigations and random audits of employer work 

12 sites to ensure compliance with the requirements of 

13 the H–2A program and all other requirements under 

14 this Act. All monetary fines levied against violating 

15 employers shall be paid to the Department of Labor 

16 and used to enhance the Department of Labor’s in17 vestigatory and auditing power. 

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

19 Secretary of Labor finds, after notice and oppor20 tunity for a hearing, a failure to meet a condition 

21 of subsection (a), or a material misrepresentation of 

22 fact in a petition under subsection (a)— 

23 ‘‘(A) the Secretary of Labor— 

24 ‘‘(i) shall notify the Secretary of 

25 Homeland Security of such finding; and 


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1 ‘‘(ii) may, in addition, impose such 

2 other administrative remedies (including 

3 civil money penalties in an amount not to 

4 exceed $1,000 per violation) as the Sec5 retary of Labor determines to be appro6 priate; and 

7 ‘‘(B) the Secretary of Homeland Security 

8 may disqualify the employer from the employ9 ment of H–2A workers for a period of 1 year. 

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

11 the Secretary of Labor finds, after notice and oppor12 tunity for a hearing, a willful failure to meet a mate13 rial condition of subsection (a), or a willful misrepre14 sentation of a material fact in a petition under sub15 section (a)— 

16 ‘‘(A) the Secretary of Labor— 

17 ‘‘(i) shall notify the Secretary of 

18 Homeland Security of such finding; and 

19 ‘‘(ii) may, in addition, impose such 

20 other administrative remedies (including 

21 civil money penalties in an amount not to 

22 exceed $5,000 per violation) as the Sec23 retary of Labor determines to be appro24 priate; 


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1 ‘‘(B) the Secretary of Homeland Security 

2 may— 

3 ‘‘(i) disqualify the employer from the 

4 employment of H–2A workers for a period 

5 of 2 years; 

6 ‘‘(ii) for a second violation, the Sec7 retary of Homeland Security may dis8 qualify the employer from the employment 

9 of H–2A workers for a period of 5 years; 

10 and 

11 ‘‘(iii) for a third violation, the Sec12 retary of Homeland Security may perma13 nently disqualify the employer from the 

14 employment of H–2A workers. 

15 ‘‘(4) PENALTIES FOR DISPLACEMENT OF

16 UNITED STATES WORKERS.—If the Secretary of 

17 Labor finds, after notice and opportunity for a hear18 ing, a willful failure to meet a material condition of 

19 subsection (a) or a willful misrepresentation of a 

20 material fact in a petition under subsection (a), in 

21 the course of which failure or misrepresentation the 

22 employer displaced a United States worker employed 

23 by the employer during the period of employment on 

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1 ing the period of 30 days preceding such period of 

2 employment— 

3 ‘‘(A) the Secretary of Labor— 

4 ‘‘(i) shall notify the Secretary of 

5 Homeland Security of such finding; and 

6 ‘‘(ii) may, in addition, impose such 

7 other administrative remedies (including 

8 civil money penalties in an amount not to 

9 exceed $15,000 per violation) as the Sec10 retary of Labor determines to be appro11 priate; and 

12 ‘‘(B) the Secretary of Homeland Security 

13 may— 

14 ‘‘(i) disqualify the employer from the 

15 employment of H–2A workers for a period 

16 of 5 years; and 

17 ‘‘(ii) for a second violation, perma18 nently disqualify the employer from the 

19 employment of H–2A workers. 

20 ‘‘(5) LIMITATIONS ON CIVIL MONEY PEN21 ALTIES.—The Secretary of Labor may not impose 

22 total civil money penalties with respect to a petition 

23 under subsection (b) in excess of $90,000. 

24 ‘‘(j) FAILURE TO PAY WAGES OR REQUIRED BENE25 FITS.— 


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1 ‘‘(1) ASSESSMENT.—If the Secretary of Labor 

2 finds, after notice and opportunity for a hearing, 

3 that the employer has failed to pay the wages, trans4 portation, subsistence reimbursement, or guarantee 

5 of employment attested by the employer under sub6 section (b)(2), the Secretary of Labor shall assess 

7 payment of back wages, or other required benefits, 

8 due any United States worker or H–2A worker em9 ployed by the employer in the specific employment in 

10 question. 

11 ‘‘(2) AMOUNT.—The back wages or other re12 quired benefits described in paragraph (1)— 

13 ‘‘(A) shall be equal to the difference be14 tween the amount that should have been paid 

15 and the amount that was paid to such worker; 

16 and 

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

18 whom such wages are due. 

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

20 CONDITIONS.— 

21 ‘‘(1) PREFERENTIAL TREATMENT OF ALIENS

22 PROHIBITED.— 

23 ‘‘(A) IN GENERAL.—Each employer seek24 ing to hire United States workers shall offer 

25 such workers not less than the same benefits, 


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1 wages, and working conditions that the em2 ployer is offering, intends to offer, or will pro3 vide to H–2A workers. No job offer may impose 

4 on United States workers any restrictions or 

5 obligations which will not be imposed on the 

6 employer’s H–2A workers. 

7 ‘‘(B) INTERPRETATION.—Every interpreta8 tion and determination made under this section 

9 or under any other law, regulation, or interpre10 tative provision regarding the nature, scope, 

11 and timing of the provision of these and any 

12 other benefits, wages, and other terms and con13 ditions of employment shall be made so that— 

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

15 employers and the employment opportuni16 ties afforded to workers by the employers, 

17 including those employment opportunities 

18 that require United States workers or H– 

19 2A workers to travel or relocate in order to 

20 accept or perform employment— 

21 ‘‘(I) mutually benefit such work22 ers, as well as their families, and em23 ployers; and 

24 ‘‘(II) principally benefit neither 

25 employer nor employee; and 


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1 ‘‘(ii) employment opportunities within 

2 the United States benefit the United 

3 States economy. 

4 ‘‘(2) REQUIRED WAGES.— 

5 ‘‘(A) IN GENERAL.—Each employer peti6 tioning for workers under subsection (b) shall 

7 pay not less than the greater of— 

8 ‘‘(i) the prevailing wage to all workers 

9 in the occupation for which the employer 

10 has petitioned for workers; or 

11 ‘‘(ii) the applicable State minimum 

12 wage. 

13 ‘‘(B) DETERMINATION OF WAGES.—An 

14 employer seeking to comply with subparagraph 

15 (A) may— 

16 ‘‘(i) request and obtain a prevailing 

17 wage determination from the State employ18 ment agency; or 

19 ‘‘(ii) rely on other wage information, 

20 including a survey of the prevailing wages 

21 of workers in the occupation in the area of 

22 employment that has been conducted or 

23 funded by the employer or a group of em24 ployers, using the methodology used by the 

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1 tional Employment and Wage estimate, or 

2 another methodology approved by the Sec3 retary of Labor for the purpose of deter4 mining H–2A wages. 

5 ‘‘(C) COMPLIANCE.—An employer shall be 

6 considered to have complied with the require7 ment under subparagraph (A) if the employer— 

8 ‘‘(i)(I) obtains a prevailing wage de9 termination under subparagraph (C)(i); or 

10 ‘‘(II) relies on a qualifying survey of 

11 prevailing wages; and 

12 ‘‘(ii) pays such prevailing wage. 

13 ‘‘(3) REIMBURSEMENT OF TRANSPORTATION

14 COSTS.— 

15 ‘‘(A) REQUIREMENT FOR REIMBURSE16 MENT.—An H–2A worker who completes 50 

17 percent of the period of employment of the job 

18 for which the worker was hired, beginning on 

19 the first day of such employment, shall be reim20 bursed by the employer for the cost of the 

21 worker’s transportation and subsistence from— 

22 ‘‘(i) the place from which the H–2A 

23 worker was approved to enter the United 

24 States to the location at which the work 

25 for the employer is performed; or 


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1 ‘‘(ii) if the H–2A worker traveled 

2 from a place in the United States at which 

3 the H–2A worker was last employed, from 

4 such place of last employment to the loca5 tion at which the work for the employer is 

6 performed. 

7 ‘‘(B) TIMING OF REIMBURSEMENT.—Reim8 bursement to the worker of expenses for the 

9 cost of the worker’s transportation and subsist10 ence to the place of employment under subpara11 graph (A) shall be considered timely if such re12 imbursement is made not later than the work13 er’s first regular payday after a worker com14 pletes 50 percent of the period of employment 

15 of the job opportunity as provided under this 

16 paragraph. 

17 ‘‘(C) ADDITIONAL REIMBURSEMENT.—A 

18 worker who completes the period of employment 

19 for the job opportunity involved shall be reim20 bursed by the employer for the cost of the 

21 worker’s transportation and subsistence from 

22 the work site to the place where the worker was 

23 approved to enter the United States to work for 

24 the employer. If the worker has contracted with 

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1 quent employer shall share the cost of the work2 er’s transportation and subsistence from work 

3 site to work site. 

4 ‘‘(D) LIMITATION.— 

5 ‘‘(i) AMOUNT OF REIMBURSEMENT.— 

6 The amount of reimbursement provided to 

7 a worker or alien under this paragraph 

8 shall be equal to the lesser of— 

9 ‘‘(I) the actual cost to the worker 

10 or alien of the transportation and sub11 sistence involved; or 

12 ‘‘(II) the most economical and 

13 reasonable common carrier transpor14 tation charges and subsistence costs 

15 for the distance involved. 

16 ‘‘(ii) DISTANCE TRAVELED.—No reim17 bursement under subparagraph (A) or (B) 

18 shall be required if the distance traveled is 

19 100 miles or less. 

20 ‘‘(E) REIMBURSEMENT FOR LAID OFF

21 WORKERS.—If the worker is laid off or employ22 ment is terminated for contract impossibility 

23 (as described in paragraph (5)(D)) before the 

24 anticipated ending date of employment, the em25 ployer shall provide— 


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1 ‘‘(i) the transportation and subsist2 ence required under subparagraph (C); and 

3 ‘‘(ii) notwithstanding whether the 

4 worker has completed 50 percent of the pe5 riod of employment, the transportation re6 imbursement required under subparagraph 

7 (A). 

8 ‘‘(F) CONSTRUCTION.—Nothing in this 

9 paragraph shall be construed to require an em10 ployer to reimburse visa, passport, consular, or 

11 international bordercrossing fees or any other 

12 fees associated with the H–2A worker’s lawful 

13 admission into the United States to perform 

14 employment that may be incurred by the work15 er. 

16 ‘‘(4) EMPLOYMENT GUARANTEE.— 

17 ‘‘(A) IN GENERAL.— 

18 ‘‘(i) REQUIREMENT.—Each employer 

19 petitioning for workers under subsection 

20 (b) shall guarantee to offer the worker em21 ployment for the hourly equivalent of not 

22 less than 75 percent of the work hours 

23 during the total anticipated period of em24 ployment, beginning with the first work 

25 day after the arrival of the worker at the 


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1 place of employment and ending on the ex2 piration date specified in the job offer. 

3 ‘‘(ii) FAILURE TO MEET GUAR4 ANTEE.—If the employer affords the 

5 United States worker or the H–2A worker 

6 less employment than that required under 

7 this subparagraph, the employer shall pay 

8 such worker the amount which the worker 

9 would have earned if the worker had 

10 worked for the guaranteed number of 

11 hours. 

12 ‘‘(iii) PERIOD OF EMPLOYMENT.—For 

13 purposes of this subparagraph, the term 

14 ‘‘period of employment’’ means the total 

15 number of anticipated work hours and 

16 workdays described in the job offer and 

17 shall exclude the worker’s Sabbath and 

18 Federal holidays. 

19 ‘‘(B) CALCULATION OF HOURS.—Any 

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

21 maximum of the number of hours specified in 

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

23 has been offered an opportunity to do so, and 

24 all hours of work actually performed (including 

25 voluntary work in excess of the number of 


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

2 on the worker’s Sabbath, or on Federal holi3 days) may be counted by the employer in calcu4 lating whether the period of guaranteed employ5 ment has been met. 

6 ‘‘(C) LIMITATION.—If the worker volun7 tarily abandons employment before the end of 

8 the contract period, or is terminated for cause, 

9 the worker is not entitled to the 75 percent 

10 guarantee described in subparagraph (A). 

11 ‘‘(D) TERMINATION OF EMPLOYMENT.— 

12 ‘‘(i) IN GENERAL.—If, before the expi13 ration of the period of employment speci14 fied in the job offer, the services of the 

15 worker are no longer required due to any 

16 form of natural disaster, including flood, 

17 hurricane, freeze, earthquake, fire, 

18 drought, plant or animal disease, pest in19 festation, regulatory action, or any other 

20 reason beyond the control of the employer 

21 before the employment guarantee in sub22 paragraph (A) is fulfilled, the employer 

23 may terminate the worker’s employment. 


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1 ‘‘(ii) REQUIREMENTS.—If a worker’s 

2 employment is terminated under clause (i), 

3 the employer shall— 

4 ‘‘(I) fulfill the employment guar5 antee in subparagraph (A) for the 

6 work days that have elapsed during 

7 the period beginning on the first work 

8 day after the arrival of the worker 

9 and ending on the date on which such 

10 employment is terminated; and 

11 ‘‘(II) make efforts to transfer the 

12 United States worker to other com13 parable employment acceptable to the 

14 worker. 

15 ‘‘(l) EXPEDITED ADJUDICATION BY THE SEC16 RETARY.—The Secretary of Homeland Security— 

17 ‘‘(1) shall establish a procedure for expedited 

18 adjudication of petitions filed under subsection (e); 

19 and 

20 ‘‘(2) not later than 7 working days after such 

21 filing shall, by fax, cable, or other means assuring 

22 expedited delivery transmit a copy of notice of action 

23 on the petition— 

24 ‘‘(A) to the petitioner; and 


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1 ‘‘(B) in the case of approved petitions, to 

2 the appropriate immigration officer at the port 

3 of entry or United States consulate (as the case 

4 may be) where the petitioner has indicated that 

5 the alien beneficiary (or beneficiaries) will apply 

6 for a visa or admission to the United States. 

7 ‘‘(m) DISQUALIFICATION.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

9 an alien shall be considered inadmissible to the 

10 United States and ineligible for nonimmigrant status 

11 under section 101(a)(15)(H)(ii)(a) if the alien has, 

12 at any time during the past 5 years, violated a term 

13 or condition of admission into the United States as 

14 a nonimmigrant, including overstaying the period of 

15 authorized admission. 

16 ‘‘(2) WAIVERS.— 

17 ‘‘(A) IN GENERAL.—An alien seeking ad18 mission under section 101(a)(15)(H)(ii)(a) 

19 while outside of the United States shall not be 

20 deemed inadmissible under such section by rea21 son of— 

22 ‘‘(i) paragraph (1); 

23 ‘‘(ii) section 212(a)(6)(C), if such 

24 alien has previously falsely represented 

25 himself or herself to be a citizen of the 


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1 United States for the purpose of agricul2 tural employment; or 

3 ‘‘(iii) section 212(a)(9)(B), unless 

4 such alien was deported from the United 

5 States; 

6 if the violation occurred on or before the date 

7 of the enactment of this Act. 

8 ‘‘(B) EFFECTIVE PERIOD OF WAIVER.—If 

9 an alien is admitted to the United States as a 

10 result of a waiver under subparagraph (A), 

11 such waiver shall remain in effect unless the 

12 alien subsequently violates— 

13 ‘‘(i) a material provision of this sec14 tion; or 

15 ‘‘(ii) a term or condition of admission 

16 into the United States as a nonimmigrant. 

17 ‘‘(n) PERIOD OF ADMISSION.— 

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

19 admitted for a period of employment, not to exceed 

20 10 months, that includes— 

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

22 prior to the beginning of the period of employ23 ment for the purpose of travel to the work site; 

24 and 


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

2 following the period of employment for the pur3 pose of departure or extension based on a sub4 sequent offer of employment. 

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

6 not be employed during the 14-day period described 

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

8 which the alien was previously authorized. 

9 ‘‘(3) CONSTRUCTION.—Nothing in this sub10 section shall limit the authority of the Secretary of 

11 Homeland Security to extend the stay of an alien 

12 under any other provision of this Act. 

13 ‘‘(o) ABANDONMENT OF EMPLOYMENT.— 

14 ‘‘(1) IN GENERAL.—An alien admitted or pro15 vided status under section 101(a)(15)(H)(ii)(a) who 

16 abandons the employment which was the basis for 

17 such admission or status— 

18 ‘‘(A) shall have failed to maintain non19 immigrant status as an H–2A worker; and 

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

21 subject to removal under section 

22 237(a)(1)(C)(i). 

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

24 24 hours after the abandonment of employment by 

25 an H–2A worker, the employer or association acting 


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1 as an agent for the employer, shall notify the Sec2 retary of Homeland Security of such abandonment. 

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

4 Security shall promptly remove from the United 

5 States any H–2A worker who violates any term or 

6 condition of the worker’s nonimmigrant status. 

7 ‘‘(4) VOLUNTARY TERMINATION.—Notwith8 standing paragraph (1), an alien may voluntarily 

9 terminate the alien’s employment if the alien 

10 promptly departs the United States upon termi11 nation of such employment. 

12 ‘‘(p) REPLACEMENT OF ALIEN.— 

13 ‘‘(1) IN GENERAL.—Upon notification under 

14 subsection (p)(2)— 

15 ‘‘(A) the Secretary of State shall promptly 

16 issue a visa to, and the Secretary of Homeland 

17 Security shall admit into the United States, an 

18 eligible alien designated by the employer to re19 place an H–2A worker who abandons or pre20 maturely terminates employment; and 

21 ‘‘(B) the Secretary of Homeland Security 

22 shall admit such alien into the United States. 

23 ‘‘(2) CONSTRUCTION.—Nothing in this sub24 section shall limit any preference for which United 

25 States workers are eligible under this Act. 


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1 ‘‘(q) IDENTIFICATION DOCUMENT.— 

2 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

3 Security shall provide each authorized H–2A worker 

4 with a single machine-readable, tamper-resistant, 

5 and counterfeit-resistant document that— 

6 ‘‘(A) authorizes the alien’s entry into the 

7 United States; 

8 ‘‘(B) serves, for the appropriate period, as 

9 an employment eligibility document; and 

10 ‘‘(C) verifies the identity of the alien. 

11 ‘‘(2) FORM.— 

12 ‘‘(A) The document shall be— 

13 ‘‘(i) in a form that is resistant to 

14 counterfeiting and to tampering; and 

15 ‘‘(ii) compatible with— 

16 ‘‘(I) other databases of the Sec17 retary of Homeland Security for the 

18 purpose of excluding an alien from 

19 benefits for which an alien is not eligi20 ble and determining whether the alien 

21 is unlawfully present in the United 

22 States; and 

23 ‘‘(II) law enforcement databases 

24 for the purpose of determining if an 


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•HR 1792 IH

1 alien has been convicted of criminal 

2 offenses. 

3 ‘‘(B) As soon as practicable, the document 

4 shall include a biometric identifier. The deter5 mination of a biometric identifier to be used for 

6 such purposes shall take into account factors 

7 such as efficiency, accuracy, the technology 

8 available, economic considerations, and storage 

9 requirements. 

10 ‘‘(r) EXTENSION OF STAY OF H–2A WORKERS IN

11 THE UNITED STATES.— 

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

13 seeks approval to employ an H–2A worker who is 

14 lawfully present in the United States, the petition 

15 filed by the employer or an association pursuant to 

16 subsection (p) shall request an extension of the 

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

18 employment. 

19 ‘‘(2) LIMITATION ON FILING PETITION FOR EX20 TENSION OF STAY.—A petition may not be filed for 

21 an extension of an alien’s stay for a period of more 

22 than 10 months. 

23 ‘‘(3) WORK AUTHORIZATION UPON FILING PE24 TITION FOR EXTENSION OF STAY.— 


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1 ‘‘(A) IN GENERAL.—An alien who is law2 fully present in the United States on the date 

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

4 the alien may commence or continue the em5 ployment described in a petition under para6 graph (1). The employer shall provide a copy of 

7 the employer’s petition for extension of stay to 

8 the alien. The alien shall keep the petition with 

9 the alien’s identification and employment eligi10 bility document, as evidence that the petition 

11 has been filed and that the alien is authorized 

12 to work in the United States. 

13 ‘‘(B) EMPLOYMENT ELIGIBILITY DOCU14 MENT.—Upon approval of a petition for an ex15 tension of stay or change in the alien’s author16 ized employment, the Secretary of Homeland 

17 Security shall provide a new or updated employ18 ment eligibility document to the alien indicating 

19 the new validity date, after which the alien is 

20 not required to retain a copy of the petition. 

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

22 the term ‘file’ means sending the petition by 

23 certified mail via the United States Postal Serv24 ice, return receipt requested, or delivering by 

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1 vide the employer with a documented acknowl2 edgment of the date of receipt of the petition 

3 for an extension of stay. 

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

5 STATUS.— 

6 ‘‘(A) MAXIMUM PERIOD.—The maximum 

7 continuous period of authorized status as an 

8 H–2A worker (including any extensions) is 20 

9 months. 

10 ‘‘(B) REQUIREMENT TO REMAINS OUTSIDE

11 THE UNITED STATES.— 

12 ‘‘(i) IN GENERAL.—Subject to clause 

13 (ii), in the case of an alien outside the 

14 United States whose period of authorized 

15 status as an H–2A worker (including any 

16 extensions) has expired, the alien may not 

17 again apply for admission to the United 

18 Stats as an H–2A worker unless the alien 

19 has remained outside the United States for 

a continuous period equal to at least 1 20 ⁄5

21 the duration of the alien’s previous period 

22 of authorized status as an H–2A worker 

23 (including any extensions). 

24 ‘‘(ii) EXCEPTION.—Clause (i) shall 

25 not apply in the case of an alien if the 


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1 alien’s period of authorized status as an 

2 H–2A worker (including any extensions) 

3 was for a period of not more than 10 

4 months and such alien has been outside 

5 the United States for at least 2 months 

6 during the 12 months preceding the date 

7 the alien again is applying for admission to 

8 the United States as an H–2A worker. 

9 ‘‘(s) SPECIAL RULE FOR ALIENS EMPLOYED AS

10 SHEEPHERDERS, GOATHERDERS, OR DAIRY WORKERS.— 

11 Notwithstanding any other provision of this section, an 

12 alien admitted under section 101(a)(15)(H)(ii)(a) for em13 ployment as a sheepherder, goatherder, or dairy worker— 

14 ‘‘(1) may be admitted for a period of 12 

15 months; and 

16 ‘‘(2) shall not be subject to the requirements of 

17 subsection (r)(4)(B).’’. 

18 (b) REGULATIONS.—Not later than 180 days after 

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

20 Homeland Security shall promulgate regulations, in ac21 cordance with the notice and comment provisions of sec22 tion 553 of title 5, United States Code, to provide for the 

23 uniform procedures for the issuance of visas to non24 immigrants described in section 101(a)(15)(H)(ii)(a) of 

25 the Immigration and Nationality Act (8 U.S.C. 


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1 1101(a)(15)(H)(ii)(a)) by visa-issuing United States con2 sulates and consular officers. 

3 (c) CONFORMING AMENDMENT.—Section 

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

5 Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by strik6 ing ‘‘of a temporary or seasonal nature’’ and inserting 

7 ‘‘and with respect to whom the intending employer has 

8 filed with the Secretary a petition under section 218(a)’’. 

9 SEC. 3. EMERGENCY GRANTS TO ASSIST EMPLOYERS WITH 

10 H–2A TRANSPORTATION COSTS. 

11 Subtitle D of the Consolidated Farm and Rural De12 velopment Act (7 U.S.C. 1981 et seq.) is amended by add13 ing at the end the following: 

14 ‘‘SEC. 379E. EMERGENCY GRANTS TO ASSIST EMPLOYERS 

15 WITH H–2A TRANSPORTATION COSTS. 

16 ‘‘(a) IN GENERAL.—The Secretary of Agriculture 

17 may make grants, not to exceed $1,000,000 annually, to 

18 employers of H–2A workers for the purpose of reimburs19 ing the employers for the amounts paid to H–2A workers 

20 under section 218(m)(4)(B) of the Immigration and Na21 tionality Act (8 U.S.C. 1188) (as amended by the ‘Tem22 porary Agricultural Labor Reform Act of 2005’) if, before 

23 the expiration of the period of employment specified in the 

24 job offer, the services of the worker are no longer required 

25 for reasons beyond the control of the employer due to any 


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1 form of natural disaster, including but not limited to a 

2 flood, hurricane, freeze, earthquake, fire, drought, plant 

3 or animal disease or pest infestation, or regulatory 

4 drought. 

5 ‘‘(b) FUNDING.—The grants described in subsection 

6 (a) shall be made out of the funds, facilities and authori7 ties of the Commodity Credit Corporation to the extent 

8 that such funds are provided in advance through an appro9 priations act.’’. 

10 SEC. 4. ESTABLISHMENT OF H–2A OMBUDSMAN. 

11 Subtitle D of the Consolidated Farm and Rural De12 velopment Act (7 U.S.C. 1981 et seq.), as amended by 

13 section 3 of this Act, is amended by adding at the end 

14 the following: 

15 ‘‘SEC. 379F. ESTABLISHMENT OF H–2A OMBUDSMAN. 

16 ‘‘The Secretary shall establish an H–2A Worker Pro17 gram Ombudsman within the Office of Agriculture Labor 

18 Affairs, Office of the Chief Economist, U.S. Department 

19 of Agriculture. The H–2A Ombudsman shall help resolve 

20 disputes and other conflicts between contracted H–2A 

21 workers and their employers, other than alleged violations 

22 of conditions required under section 218(a) of the Immi23 gration and Nationality Act (8 U.S.C. 1188(a)).’’. 


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1 SEC. 5. LEGAL ASSISTANCE PROVIDED BY THE LEGAL 

2 SERVICES CORPORATION. 

3 (a) IN GENERAL.—Section 305 of the Immigrant Re4 form and Control Act of 1986 (8 U.S.C. 1101 note) is 

5 amended— 

6 (1) by striking ‘‘A nonimmigrant’’ and inserting 

7 ‘‘(a) IN GENERAL.—A nonimmigrant’’; and 

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

9 ‘‘(b) LEGAL ASSISTANCE.—The Legal Services Cor10 poration may not provide legal assistance for or on behalf 

11 of any alien, and may not provide financial assistance to 

12 any person or entity that provides legal assistance for or 

13 on behalf of any alien, unless the alien— 

14 ‘‘(1) is present in the United States at the time 

15 the legal assistance is provided; and 

16 ‘‘(2) is an alien to whom subsection (a) ap17 plies.’’. 

18 (b) MEDIATION.—Section 305 of the Immigrant Re19 form and Control Act of 1986 (8 U.S.C. 1101 note), as 

20 amended by subsection (a), is further amended by adding 

21 at the end the following: 

22 ‘‘(c) REQUIRED MEDIATION.—The Legal Services 

23 Corporation may not bring a civil action for damages on 

24 behalf of a nonimmigrant described in section 

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

26 Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), unless at least 90 


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

2 to the Federal Mediation and Conciliation Service to assist 

3 the parties in reaching a satisfactory resolution of all 

4 issues involving all parties to the dispute and mediation 

5 has been attempted.’’. 

6 (c) CONDITION FOR ENTRY ONTO PROPERTY FOR

7 LEGAL SERVICES CORPORATION REPRESENTATION.— 

8 Section 305 of the Immigrant Reform and Control Act 

9 of 1986 (8 U.S.C. 1101 note), as amended by subsection 

10 (b), is further amended by adding at the end the following: 

11 ‘‘(d) CONDITION FOR ENTRY ONTO EMPLOYER’S

12 PROPERTY FOR LEGAL SERVICES CORPORATION REP13 RESENTATION.—No employer of a nonimmigrant having 

14 status under section 101(a)(15)(H)(ii)(a) of the Immigra15 tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) 

16 shall be required to permit any recipient of a grant or con17 tract under section 1007 of the Legal Services Corpora18 tion Act (42 U.S.C. 2996f), or any employee of such a 

19 recipient, to enter upon the employer’s property, unless 

20 such recipient or employee has a pre-arranged appoint21 ment with a specific nonimmigrant having such status.’’. 


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1 SEC. 6. EFFECTIVE DATE. 

2 The amendments made by this Act shall take effect 

3 on the date that is 180 days after the date of the enact4 ment of this Act. 

Æ 


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