128 
fied in the job offer, the services of the 
worker are no longer required due to any 
form of natural disaster, including flood, 
hurricane, 
freeze, 
earthquake, 
fire, 
drought, plant or animal disease, pest in-
festation, regulatory action, or any other 
reason beyond the control of the employer 
before the employment guarantee in sub-
paragraph (A) is fulfilled, the employer 
may terminate the worker’s employment. 
‘‘(ii) REQUIREMENTS.—If a worker’s 
employment is terminated under clause (i), 
the employer shall— 
‘‘(I) fulfill the employment guar-
antee in subparagraph (A) for the 
work days that have elapsed during 
the period beginning on the first work 
day after the arrival of the worker 
and ending on the date on which such 
employment is terminated; and 
‘‘(II) make efforts to transfer the 
United States worker to other com-
parable employment acceptable to the 
worker. 
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129 
‘‘(l) EXPEDITED
ADJUDICATION
BY
THE
SEC-
RETARY.—The Secretary of Homeland Security— 
‘‘(1) shall establish a procedure for expedited 
adjudication of petitions filed under subsection (e); 
and 
‘‘(2) not later than 7 working days after such 
filing shall, by fax, cable, or other means assuring 
expedited delivery transmit a copy of notice of action 
on the petition— 
‘‘(A) to the petitioner; and 
‘‘(B) in the case of approved petitions, to 
the appropriate immigration officer at the port 
of entry or United States consulate (as the case 
may be) where the petitioner has indicated that 
the alien beneficiary (or beneficiaries) will apply 
for a visa or admission to the United States. 
‘‘(m) PERIOD OF ADMISSION.— 
‘‘(1) IN GENERAL.—An H–2A worker shall be 
admitted for a period of employment, not to exceed 
10 months, that includes— 
‘‘(A) a period of not more than 7 days 
prior to the beginning of the period of employ-
ment for the purpose of travel to the work site; 
and 
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130 
‘‘(B) a period of not more than 14 days 
following the period of employment for the pur-
pose of departure or extension based on a sub-
sequent offer of employment. 
‘‘(2) EMPLOYMENT LIMITATION.—An alien may 
not be employed during the 14-day period described 
in paragraph (1)(B) except in the employment for 
which the alien was previously authorized. 
‘‘(3) CONSTRUCTION.—Nothing in this sub-
section shall limit the authority of the Secretary of 
Homeland Security to extend the stay of an alien 
under any other provision of this Act. 
‘‘(n) ABANDONMENT OF EMPLOYMENT.— 
‘‘(1) IN GENERAL.—An alien admitted or pro-
vided status under section 101(a)(15)(H)(ii)(a) who 
abandons the employment which was the basis for 
such admission or status— 
‘‘(A) shall have failed to maintain non-
immigrant status as an H–2A worker; and 
‘‘(B) shall depart the United States or be 
subject 
to 
removal 
under 
section 
237(a)(1)(C)(i). 
‘‘(2) REPORT BY EMPLOYER.—Not later than 
24 hours after the abandonment of employment by 
an H–2A worker, the employer or association acting 
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131 
as an agent for the employer, shall notify the Sec-
retary of Homeland Security of such abandonment. 
‘‘(3) REMOVAL.—The Secretary of Homeland 
Security shall promptly remove from the United 
States any H–2A worker who violates any term or 
condition of the worker’s nonimmigrant status. 
‘‘(4) 
VOLUNTARY
TERMINATION.—Notwith-
standing paragraph (1), an alien may voluntarily 
terminate the alien’s employment if the alien 
promptly departs the United States upon termi-
nation of such employment. 
‘‘(o) REPLACEMENT OF ALIEN.— 
‘‘(1) IN
GENERAL.—Upon notification under 
subsection (p)(2)— 
‘‘(A) the Secretary of State shall promptly 
issue a visa to, and the Secretary of Homeland 
Security shall admit into the United States, an 
eligible alien designated by the employer to re-
place an H–2A worker who abandons or pre-
maturely terminates employment; and 
‘‘(B) the Secretary of Homeland Security 
shall admit such alien into the United States. 
‘‘(2) CONSTRUCTION.—Nothing in this sub-
section shall limit any preference for which United 
States workers are eligible under this Act. 
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