‘‘(6) H–2C NONIMMIGRANT.—The term ‘H–2C 
nonimmigrant’ means an alien admitted as a non-
immigrant pursuant to section 101(a)(15)(H)(ii)(c). 
‘‘(7) H–2C NONIMMIGRANT STATUS.—The term 
‘H–2C nonimmigrant status’ means status granted 
to an alien admitted as a nonimmigrant pursuant to 
section 101(a)(15)(H)(ii)(c). 
‘‘(8) INDUSTRIES WITH COMPARATIVELY LOW 
SALES PER EMPLOYEE.—The term ‘industries with 
comparatively low sales per employee’ means those 
industries that rank in the lowest ten when dividing 
sales by the number of employees in the ECNBASIC 
Dataset, as shown in the ‘All Sectors: Summary Sta-
tistics for the U.S.’ using the three-digits North 
American Industry Classification System (NAICS). 
This table provides summary statistics for establish-
ments and firms with paid employees. 
‘‘(9) INITIAL H–2C NONIMMIGRANT.—The term 
‘initial H–2C nonimmigrant’ means an alien— 
‘‘(A) issued an H–2C-nonimmigrant visa 
by the Secretary of State authorizing the ad-
mission of that alien to the United States for 
the first time as an H–2C nonimmigrant; and 
‘‘(B) does not include an alien on or after 
the date the alien commences employment in 
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H–2C nonimmigrant status with a registered 
employer in a registered position. 
‘‘(10) LAY OFF.—The term ‘lay off’— 
‘‘(A) means to cause a worker to lose em-
ployment, other than through a discharge for 
inadequate performance, violation of workplace 
rules, cause, voluntary departure, voluntary re-
tirement, or the expiration of a grant or con-
tract; and 
‘‘(B) does not include any situation in 
which the worker is offered and refused to ac-
cept, as an alternative to such loss of employ-
ment, a similar employment opportunity with 
the same employer at equivalent or higher com-
pensation and benefits than the position from 
which the employee was discharged. 
‘‘(11) METROPOLITAN
STATISTICAL
AREA.— 
The term ‘metropolitan statistical area’ means a ge-
ographic area designated as a metropolitan statis-
tical area by the Director of the Office of Manage-
ment and Budget. 
‘‘(12) REGISTERED
EMPLOYER.—The term 
‘registered employer’ means an operational business 
unit of a nonagricultural employer that is operating 
independently in a full employment area and is des-
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ignated by the Secretary as a registered employer 
under subsection (d). 
‘‘(13) REGISTERED POSITION.—The term ‘reg-
istered position’ means a position designated as a 
registered position under subsection (e). 
‘‘(14) 
SCARCITY
RECRUITMENT
FEE.—The 
term ‘scarcity recruitment fee’ refers to a payment 
equal to 5 percent of an H–2C immigrant’s esti-
mated annual compensation that a registered em-
ployer remits to the Secretary as part of the employ-
er’s application for a registered position in order to 
demonstrate said employer’s inability to recruit a 
United States worker for the position. 
‘‘(15) SECRETARY.—Except as otherwise spe-
cifically provided, the term ‘Secretary’ means the 
Secretary of Homeland Security. 
‘‘(16) SINGLE ENTITY.—The term ‘single enti-
ty’ means any group treated as a single employer 
under subsection (b), (c), (m), or (o) of section 414 
of the Internal Revenue Code of 1986. 
‘‘(17) SMALL BUSINESS.—The term ‘small busi-
ness’ means an employer that employs fewer than 36 
full-time employees or fewer than 51 full-time equiv-
alent employees. 
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‘‘(18) UNITED
STATES
WORKER.—The term 
‘United States worker’ means an individual who is— 
‘‘(A) lawfully employed or seeking employ-
ment in the United States; and 
‘‘(B)(i) a national of the United States; 
‘‘(ii) an alien lawfully admitted for perma-
nent residence; or 
‘‘(iii) any other alien authorized to work in 
the United States with no limitation as to the 
alien’s employer. 
‘‘(19) ZONE 1 OCCUPATION.—The term ‘zone 1 
occupation’ means an occupation that requires little 
or no preparation and is classified as a zone 1 occu-
pation on— 
‘‘(A) the Occupational Information Net-
work Database (O*NET) on the date of the en-
actment of this section; or 
‘‘(B) such Database or a similar successor 
database, as designated by the Secretary of 
Labor, after the date of the enactment of this 
section. 
‘‘(20) ZONE 2 OCCUPATION.—The term ‘zone 2 
occupation’ means an occupation that requires some 
preparation and is classified as a zone 2 occupation 
on— 
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‘‘(A) the Occupational Information Net-
work Database (O*NET) on the date of the en-
actment of this section; or 
‘‘(B) such Database or a similar successor 
database, as designated by the Secretary of 
Labor, after the date of the enactment of this 
section. 
‘‘(21) ZONE 3 OCCUPATION.—The term ‘zone 3 
occupation’ means an occupation that requires me-
dium preparation and is classified as a zone 3 occu-
pation on— 
‘‘(A) the Occupational Information Net-
work Database (O*NET) on the date of the en-
actment of this section; or 
‘‘(B) such Database or a similar successor 
database, as designated by the Secretary of 
Labor, after the date of the enactment of this 
section. 
‘‘(b) ADMISSION INTO THE UNITED STATES.—An 
alien is eligible to be admitted as an H–2C nonimmigrant 
if the alien— 
‘‘(1) has received an offer of employment from 
a registered employer; and 
‘‘(2) otherwise meets the requirements of this 
section. 
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‘‘(c) H–2C NONIMMIGRANTS.— 
‘‘(1) APPLICATION.—An alien seeking to be an 
H–2C nonimmigrant shall submit an application to 
the Secretary. 
‘‘(2) ATTESTATION.—Each application sub-
mitted under paragraph (1) for an alien shall in-
clude an attestation as follows: 
‘‘(A) That the H–2C nonimmigrant will re-
port to such nonimmigrant’s initial employment 
in a registered position not later than 14 days 
after such nonimmigrant is admitted. 
‘‘(B) That the H–2C nonimmigrant will 
accept only registered positions and abide by all 
terms and conditions of H–2C nonimmigrant 
status. 
‘‘(C) That the H–2C nonimmigrant will 
not bring a family member to the United States 
in violation of any provision of this Act. 
‘‘(3) APPLICATION
REVIEW.—The Secretary 
shall adjudicate an application submitted under 
paragraph (1) not later than 45 days after the re-
ceipt of such application. 
‘‘(4) FEES.— 
‘‘(A) IN GENERAL.—Each application sub-
mitted under paragraph (1) shall include a fee 
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in the amount determined by the Secretary ad-
judicating such application to be necessary to 
cover the cost of adjudicating the application 
within 45 days. 
‘‘(B) PREMIUM
PROCESSING.—The Sec-
retary and the Secretary of State shall create 
an expedited process to review an application 
submitted under paragraph (1) for an addi-
tional fee, in an amount determined by such 
Secretaries. 
‘‘(5) ELIGIBILITY
FOR
H–2C
NONIMMIGRANT 
STATUS.—No alien may be admitted as an H–2C 
nonimmigrant if the alien— 
‘‘(A) is inadmissible under this Act; 
‘‘(B) fails to pass a criminal background 
check or a national security background check; 
‘‘(C) is from a country determined by the 
Secretary of State to have repeatedly provided 
support for acts of international terrorism pur-
suant to— 
‘‘(i) section 6(j)(1)(A) of the Export 
Administration Act of 1979 (50 U.S.C. 
App. 2405(j)(1)(A)) (or successor statute); 
‘‘(ii) section 40(d) of the Arms Export 
Control Act (22 U.S.C. 2780(d)); or 
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‘‘(A) subject such nonimmigrant to the 
revocation of employment authorization; and 
‘‘(B) initiate and pursue removal under 
section 237(a)(1)(C)(i). 
‘‘(d) REGISTERED EMPLOYER.— 
‘‘(1) APPLICATION.—An employer seeking to be 
a registered employer may submit an application to 
the Secretary. Each such application shall include 
the following: 
‘‘(A) Documentation to establish that the 
employer is a bona fide employer operating in 
a full employment area. 
‘‘(B) Evidence that the employer is current 
in payment of payroll taxes. 
‘‘(C) The employer’s Federal tax identifica-
tion number or employer identification number 
issued by the Internal Revenue Service. 
‘‘(D) The number of H–2C nonimmigrants 
the employer estimates the employer will seek 
to employ annually. 
‘‘(E) Any documented evidence of employer 
participation in industry recognized training 
and safety programs for U.S. workers. 
‘‘(2) REFERRAL FOR FRAUD INVESTIGATION.— 
The Secretary may refer an application submitted 
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under paragraph (1) or subsection (e)(1)(A) to the 
Fraud Detection and National Security Directorate 
of U.S. Citizenship and Immigration Services for po-
tential investigation if there is evidence of fraud par-
ticular to such application. 
‘‘(3) INELIGIBLE EMPLOYERS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other applicable penalties under law, the Sec-
retary shall deny an employer’s application to 
be a registered employer if the Secretary deter-
mines, after notice and an opportunity for a 
hearing, that the employer submitting such ap-
plication— 
‘‘(i) has, in such application (includ-
ing any attestations required by law)— 
‘‘(I) knowingly misrepresented a 
material fact; 
‘‘(II) knowingly made a fraudu-
lent statement; or 
‘‘(III) knowingly failed to comply 
with the terms of such attestations; 
‘‘(ii) failed to cooperate in the process 
established pursuant to subsection (m); 
‘‘(iii) has been convicted of an offense 
under chapter 77 of title 18, United States 
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Code, any conspiracy to commit such an 
offense, or any human trafficking offense 
under State or territorial law; 
‘‘(iv) has, within 2 years prior to the 
date of the application— 
‘‘(I) been finally adjudicated as 
having committed any hazardous oc-
cupation orders violation resulting in 
injury or death under the child labor 
provisions contained in section 12 of 
the Fair Labor Standards Act of 
1938 (29 U.S.C. 212) or any perti-
nent regulation; 
‘‘(II) received a final adjudication 
assessing a civil monetary penalty for 
a pattern and practice of willful viola-
tion of the minimum wage provisions 
of section 6 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206); or 
‘‘(III) received a final adjudica-
tion assessing a civil monetary penalty 
for a pattern and practice of willful 
violation of the overtime provisions of 
section 7 of the Fair Labor Standards 
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Act of 1938 (29 U.S.C. 207) or any 
regulations thereunder; or 
‘‘(v) has, within 2 years prior to the 
date of application, received a final adju-
dication for a willful violation involving in-
jury or death— 
‘‘(I) of section 5 of the Occupa-
tional Safety and Health Act of 1970 
(29 U.S.C. 654); 
‘‘(II) of any standard, rule, or 
order promulgated pursuant to section 
6 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655); 
or 
‘‘(III) of a plan approved under 
section 18 of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 
667). 
‘‘(B) LENGTH OF INELIGIBILITY.— 
‘‘(i) TEMPORARY INELIGIBILITY.—An 
employer described in clause (i) or (ii) of 
subparagraph (A) whose application is de-
nied shall not be eligible to be a registered 
employer for a period that is not less than 
1 year or a time period determined by the 
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Secretary, whichever is greater, and not 
more than 2 years. 
‘‘(ii) PERMANENT
INELIGIBILITY.— 
An employer described in clause (iii), (iv), 
or (v) of subparagraph (A) shall be perma-
nently ineligible to be a registered em-
ployer. 
‘‘(4) TERM OF REGISTRATION.—The Secretary 
may approve an application only for a term, begin-
ning on the date of approval, and ending on the 
later of— 
‘‘(A) the date that is 3 years thereafter; or 
‘‘(B) the date that is 3 months after the 
date on which the employer has no registered 
positions. 
‘‘(5) RENEWAL.— 
‘‘(A) IN GENERAL.—An employer may sub-
mit an application to renew the employer’s sta-
tus as a registered employer for additional peri-
ods under paragraph (4). 
‘‘(B) ATTESTATION.—An application for 
renewal under subparagraph (A) shall include 
an attestation described in paragraph (7)(A). 
‘‘(6) FEE.—At the time an employer’s applica-
tion to be a registered employer is approved, such 
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employer shall pay a fee of $500, and shall pay such 
fee every 3 years thereafter while the employer re-
mains a registered employer. 
‘‘(7) CONTINUED ELIGIBILITY.— 
‘‘(A) ATTESTATION.—Each registered em-
ployer shall attest to the Secretary each year— 
‘‘(i) that the registered employer has 
provided the wages and working conditions 
the registered employer agreed to provide 
to its H–2C nonimmigrant employees 
under paragraph (5)(B); 
‘‘(ii) that the registered employer re-
mains a bona fide employer operating in a 
full employment area; and 
‘‘(iii) to the number of H–2C non-
immigrants the employer employed the 
prior year. 
‘‘(B) NO LONGER A FULL EMPLOYMENT 
AREA.—An employer is ineligible to file an ap-
plication for a new permit or to renew an exist-
ing permit if the unemployment rate in the 
county or metropolitan statistical area where 
the business said employer operates rises so 
that the area is no longer designated as a full 
employment area. 
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‘‘(8) NOTICE
OF
FAILURE
OF
H–2C
NON-
IMMIGRANT TO APPEAR.—An employer shall inform 
the Secretary if an H–2C nonimmigrant does not 
appear for employment with the employer during the 
time period specified in subsection (c)(6)(A)(i). 
‘‘(e) REGISTERED POSITIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) APPLICATION.—Each employer may 
submit with an application or renewal under 
subsection (d) for adjudication to the Secretary 
an application to designate a registered position 
for which the employer is seeking to hire an H– 
2C nonimmigrant at any time during the year 
without regard to the date the employer needs 
each position to be filled. 
‘‘(B) ATTESTATION.—An application sub-
mitted under subparagraph (A) shall include a 
general description of each such position and an 
attestation to each of the following: 
‘‘(i) The number of full-time equiva-
lent employees of the employer. 
‘‘(ii) The occupational category, as 
classified by Bureau of Labor Statistics, 
for which each registered position is 
sought. 
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‘‘(iii) That the wages to be paid to H– 
2C nonimmigrants employed by the em-
ployer in each registered position will be 
the greater of— 
‘‘(I) the actual wage level paid by 
the employer to other employees with 
similar experience and qualifications 
for such position in the same location; 
or 
‘‘(II) the prevailing wage level for 
the occupational classification of the 
position in the metropolitan statistical 
area of the employment, based on the 
best information available as of the 
time of filing the application. 
‘‘(iv) That the employer has carried 
out the recruiting activities required by 
paragraph (2)(B). 
‘‘(v) That, subject to subparagraphs 
(B) and (C) of paragraph (2)— 
‘‘(I) there is no equally or better 
qualified United States worker who 
has applied for the position and who 
is ready, willing, and able to fill such 
position; or 
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‘‘(II) such position qualifies as 
an enduring job opening. 
‘‘(vi) That there is not a strike, lock-
out, or work stoppage in the course of a 
labor dispute in the occupation at the place 
of employment at which the H–2C non-
immigrant will be employed. If such strike, 
lockout, or work stoppage occurs following 
submission of the application, the employer 
will provide notification in accordance with 
all applicable regulations. 
‘‘(vii)(I) The employer has not laid off 
and will not lay off a United States worker 
during the period beginning 45 days prior 
to and ending 45 days after the date the 
employer files an application for designa-
tion of a position for which the H–2C non-
immigrant is sought or hires such H–2C 
nonimmigrant, unless the employer has 
made a reasonable effort to contact and 
offer such United States worker the posi-
tion, or documented the legitimate reasons 
that such United States worker is not 
qualified or available for the position. 
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‘‘(II) A United States worker is not 
laid off for purposes of this clause if— 
‘‘(aa) at the time such worker’s 
employment is terminated, such work-
er is not employed in the same occu-
pation and in the same metropolitan 
statistical area where the registered 
position is located. A United States 
worker is not laid off for purposes of 
this clause if, in the 45 calendar days 
before the hiring of an H–2C non-
immigrant, the employer adds another 
United States worker so that the total 
number of United States workers em-
ployed by such employer in the same 
occupation 
as 
such 
H–2C 
non-
immigrant and in the same metropoli-
tan statistical area where the reg-
istered position is located has not de-
creased; or 
‘‘(bb) in the 45 calendar days 
after the hiring of an H–2C non-
immigrant, the employer adds another 
United States worker within 5 busi-
ness days after laying off a United 
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States worker so that the total num-
ber of United States workers em-
ployed by such employer in the same 
occupation 
as 
such 
H–2C 
non-
immigrant and in the same metropoli-
tan statistical area where the reg-
istered position is located has not de-
creased. 
‘‘(viii) The number of workers whose 
jobs and job stability depend on the peti-
tioned job positions being filled. 
‘‘(C) DEFINITIONS.— 
‘‘(i) 
BEST
INFORMATION
AVAIL-
ABLE.—In subparagraph (B)(iii)(II), the 
term ‘best information available’, with re-
spect to determining the prevailing wage 
for a position, means— 
‘‘(I) a controlling collective bar-
gaining agreement, to which the em-
ployer is a signatory and which sets 
wages for work performed by H–2C 
nonimmigrants; 
‘‘(II) if there is no controlling 
collective bargaining agreement as set 
forth in subclause (I), the local, State, 
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or Federal prevailing wage laws or or-
dinances, for any time period during 
which the H–2C nonimmigrant per-
forms work on a project for which 
payment of such wages is required by 
such laws or ordinances, and the em-
ployer has signed a contract agreeing 
to pay such wages on that project; or 
‘‘(III) if there is no controlling 
collective bargaining agreement as set 
forth in subclause (I) and the H–2C 
nonimmigrant is not performing work 
on a project governed by a prevailing 
wage law or ordinance as set forth in 
subclause (II)— 
‘‘(aa) the wage level com-
mensurate with the experience, 
training, 
and 
supervision 
re-
quired for the job based on Bu-
reau of Labor Statistics data; or 
‘‘(bb) a legitimate private 
wage survey of the wages paid 
for such positions in the metro-
politan statistical area. 
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