‘‘(ii) that there exists a pattern and 
practice of initial H–2C nonimmigrants 
failing to report in accordance with the 
time 
period 
specified 
in 
subsection 
(c)(6)(A)(i). 
‘‘(6) FEES.— 
‘‘(A) REGISTRATION FEE.— 
‘‘(i) IN GENERAL.—At the time an ap-
plication to register a position is approved 
and after each renewal of such position, 
each registered employer shall pay a fee in 
an amount determined by the Secretary. 
‘‘(ii) USE OF FEE.—Except as other-
wise provided in this section, a fee col-
lected under clause (i) shall be used to 
fund any action to carry out this section, 
except for subsection (q) and subsection 
(p)(2). 
‘‘(B) PROHIBITION ON OTHER FEES.—A 
registered employer may not be required to pay 
an additional fee other than any fees specified 
in this Act. 
‘‘(7) INITIAL REVIEW OF APPLICATIONS.— 
‘‘(A) IN GENERAL.—For applications filed 
and considered under paragraph (1)— 
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‘‘(i) unless the Secretary determines 
that the application is incomplete, facially 
invalid, or obviously inaccurate, the Sec-
retary, not later than 10 business days 
after the date on which such application 
was filed, shall either approve or reject the 
application and provide the applicant with 
notice of such action by means ensuring 
same or next day delivery; and 
‘‘(ii) if the Secretary determines that 
the application is incomplete, facially in-
valid, or obviously inaccurate, the Sec-
retary shall— 
‘‘(I) not later than 10 business 
days after the date on which such ap-
plication was filed, notify the appli-
cant of the deficiencies to be corrected 
by means ensuring same or next day 
delivery; and 
‘‘(II) not later than 10 business 
days after receipt of the corrected ap-
plication, approve or deny the applica-
tion and provide the applicant with 
notice of such action by means ensur-
ing same or next day delivery. 
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‘‘(B) PREMIUM
PROCESSING.—The Sec-
retary shall establish a process for expedited 
processing of applications under this section, 
subject to the payment of an additional fee, as 
determined by the Secretary. 
‘‘(C) FEE
REDUCTION.—The Secretary 
shall reduce the registration fee under para-
graph (6) by 5 percent for each day the applica-
tion is delayed beyond the required review peri-
ods under subparagraph (A). 
‘‘(8) EXPEDITED REVIEW.—Not later than 1 
year after the date of enactment of the Workforce 
for an Expanding Economy Act, the Secretary shall 
promulgate regulations to provide for an expedited 
procedure for the review of a denial of an application 
under this section by the Secretary. 
‘‘(f) NUMERICAL LIMITATION.— 
‘‘(1) 
REGISTERED
POSITIONS.—Subject 
to 
paragraphs (3), (4), and (5), the maximum number 
of registered positions that may be approved by the 
Secretary for a fiscal year is as follows: 
‘‘(A) For the first full fiscal year after the 
effective date of the Workforce for an Expand-
ing Economy Act that aliens are admitted as 
H–2C nonimmigrants, 65,000. 
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‘‘(B) For each fiscal year after that first 
fiscal year, the level calculated for that fiscal 
year under paragraph (2). 
‘‘(2) SUBSEQUENT FISCAL YEARS.— 
‘‘(A) DEFINITION
OF
CURRENT
FISCAL 
YEAR AND PRECEDING FISCAL YEAR.—In this 
paragraph: 
‘‘(i) CURRENT
FISCAL
YEAR.—The 
term ‘current fiscal year’ means the fiscal 
year for which the calculation of the nu-
merical limits under this paragraph is 
being performed. 
‘‘(ii) PRECEDING FISCAL YEAR.—The 
term ‘preceding fiscal year’ means the fis-
cal year immediately preceding the current 
fiscal year. 
‘‘(B) NUMERICAL LIMITATION.—Subject to 
subparagraph (D), the maximum number of 
registered positions that may be approved by 
the Secretary for a fiscal year after the first fis-
cal year referred to in paragraph (1)(A) shall 
be equal to— 
‘‘(i) 65,000 for the first fiscal year in 
which the program is implemented; and 
‘‘(ii) in any subsequent fiscal year— 
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‘‘(I) if the total number of reg-
istered positions allocated for that fis-
cal year are allotted within the first 
quarter of that fiscal year, then an 
additional 20 percent of the allocated 
number shall be made available imme-
diately and the allocated amount for 
the following fiscal year shall increase 
by 20 percent of the original allocated 
amount in the prior fiscal year; 
‘‘(II) if the total number of reg-
istered positions allocated for that fis-
cal year are allotted within the second 
quarter of that fiscal year, then an 
additional 15 percent of the allocated 
number shall be made available imme-
diately and the allocated amount for 
the following fiscal year shall increase 
by 15 percent of the original allocated 
amount in the prior fiscal year; 
‘‘(III) if the total number of reg-
istered positions allocated for that fis-
cal year are allotted within the third 
quarter of that fiscal year, then an 
additional 10 percent of the allocated 
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number shall be made available imme-
diately and the allocated amount for 
the following fiscal year shall increase 
by 10 percent of the original allocated 
amount in the prior fiscal year; 
‘‘(IV) if the total number of reg-
istered positions allocated for that fis-
cal year are allotted within the last 
quarter of that fiscal year, then the 
allocated amount for the following fis-
cal year shall increase by 10 percent 
of the original allocated amount in the 
prior fiscal year; and 
‘‘(V) with the exception of the 
first subsequent fiscal year to the fis-
cal year in which the program is im-
plemented, if fewer registered posi-
tions were allotted the previous fiscal 
year than the number of registered 
positions allocated for that year and 
the reason was not due to processing 
delays or delays in promulgating regu-
lations, then the allocated amount for 
the following fiscal year shall decrease 
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by 10 percent of the allocated amount 
in the prior fiscal year. 
‘‘(C) MINIMUM AND MAXIMUM LEVELS.— 
Notwithstanding the number of registered posi-
tions calculated under subparagraph (B), the 
number of registered positions made available 
for a fiscal year under this paragraph may not 
be less than 45,000 or more than 85,000. 
‘‘(D) SUBSEQUENT ALLOCATIONS.— 
‘‘(i) IN
GENERAL.—Subject to the 
limitations under subparagraph (C)— 
‘‘(I) the maximum number of 
registered positions available for the 
current fiscal year calculated under 
subparagraph (B) may be increased 
for the 6-month period beginning on 
the first day of the current fiscal year 
by 5 percent of the maximum number 
of registered positions allocated for 
that 6-month period under subsection 
(h)(1), if all such allocated registered 
positions have been approved prior to 
the 6th month of that 6-month period; 
and 
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paragraphs (1) and (3), the Secretary shall 
make additional registered positions available, 
up to the maximum number of registered posi-
tions specified in paragraph (3)(C), for the fis-
cal year for a specific registered employer as 
described in this paragraph, if— 
‘‘(i)(I) the maximum number of reg-
istered positions available under paragraph 
(2)(B) have been approved for the fiscal 
year and none remain available for alloca-
tion; or 
‘‘(II) such registered employer is lo-
cated in a full employment area; 
‘‘(ii) such registered employer has 
paid a scarcity recruitment fee; or 
‘‘(iii) in the case of registered employ-
ers with 50 or fewer employees, such reg-
istered employer has carried out not less 
than 7 of the recruiting activities described 
in subsection (e)(2)(C) and posts the posi-
tion, including the wage range, location, 
and initial date of employment, for not less 
than 30 days— 
‘‘(I) on the Internet website 
maintained by the Secretary of Labor 
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for the purpose of such advertising; 
and 
‘‘(II) with the workforce agency 
of the State where the position will be 
located. 
‘‘(B) RECRUITMENT.— 
‘‘(i) LIMITATION
FOR
INITIAL
H–2C 
NONIMMIGRANTS.—Except as provided in 
clause (ii), an initial H–2C nonimmigrant 
may only enter the United States for ini-
tial employment pursuant to a special allo-
cation under this paragraph if the reg-
istered employer has carried out at least 7 
of the recruiting activities described in sub-
section (e)(2)(C) or has paid a scarcity re-
cruitment fee. 
‘‘(ii) EXCEPTION.—A registered em-
ployer may register a position pursuant to 
a special allocation under this paragraph 
by conducting at least 3 of the recruiting 
activities described in subsection (e)(2)(C), 
however a position registered pursuant to 
this clause may not be filled by an initial 
H–2C nonimmigrant. 
‘‘(iii) ADVERTISING THE POSITION.— 
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‘‘(I) REQUIREMENT.—Any reg-
istered employer registering any posi-
tion under the special allocation au-
thority shall post the position, includ-
ing the wage range, location or loca-
tions, and initial date of employment, 
for not less than 30 days— 
‘‘(aa) 
on 
the 
Internet 
website maintained by the Sec-
retary of Labor for the purpose 
of such advertising; and 
‘‘(bb) with the workforce 
agency of the State where the po-
sition will be located. 
‘‘(II) TIMING.—The 30-day peri-
ods required by items (aa) and (bb) of 
subclause (I) may occur at the same 
time. 
‘‘(4) UNFILLED POSITIONS.—If an H–2C non-
immigrant has not been employed in registered posi-
tion during any portion of the 240-day period after 
the date of the approval of the position, the reg-
istered position shall be terminated and added to the 
number of positions made available for the next 6- 
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month allocation period under paragraph (1) or (2) 
of subsection (i). 
‘‘(g) FEDERAL PUBLIC BENEFITS.— 
‘‘(1) IN GENERAL.—H–2C nonimmigrants— 
‘‘(A) are not entitled to the premium as-
sistance tax credit authorized under section 
36B of the Internal Revenue Code of 1986; 
‘‘(B) shall be subject to the rules applica-
ble to individuals who are not lawfully present 
as set forth in subsection (e) of such section; 
and 
‘‘(C) shall not be allowed any credit under 
section 24 or 32 of the Internal Revenue Code 
of 1986, and, in the case of a joint return, no 
credit shall be allowed under either such section 
if both spouses are H–2C nonimmigrants. 
‘‘(2) EMPLOYER
FEE.—For purposes of sub-
sections (a)(2), (b)(1)(B), and (c)(2)(A) of section 
4980H of the Internal Revenue Code of 1986, the 
H–2C nonimmigrant shall be treated as a full-time 
employee certified as having enrolled in a qualified 
health plan with respect to which an applicable pre-
mium tax credit or cost-sharing reduction is allowed 
or paid with respect to the employee. 
‘‘(h) ALLOCATION OF REGISTERED POSITIONS.— 
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‘‘(1) IN GENERAL.— 
‘‘(A) FIRST 6-MONTH PERIOD.—The num-
ber of registered positions available under para-
graph (2) of subsection (f) (except those made 
available under subparagraph (E) of such para-
graph) for the 6-month period beginning on the 
first day of a year is 50 percent of the max-
imum number of registered positions available 
for such year under paragraph (1)(A)(i) or 
(2)(B) of subsection (f). Such registered posi-
tions shall be allocated as described in this sub-
section. 
‘‘(B) SECOND
6-MONTH
PERIOD.—The 
number of registered positions available under 
paragraph (2) of subsection (f) (except those 
made available under subparagraph (E) of such 
paragraph) for the 6-month period ending on 
the last day of a year is the maximum number 
of registered positions available for such year 
under paragraph (1)(A)(i) or (2)(B) of sub-
section (f) minus the number of registered posi-
tions approved during the 6-month period re-
ferred to in subparagraph (A). Such registered 
positions shall be allocated as described in this 
subsection. 
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‘‘(2) SMALL BUSINESSES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
reserve not less than one quarter of the number 
of registered positions initially allocated for 
each 6-month period under subsection (f)(2)(B) 
only for a registered employer that is a small 
business unless— 
‘‘(i) any such registered positions are 
not approved in the first 4 months of each 
6-month period; or 
‘‘(ii) less than one quarter of the reg-
istered positions initially allocated for the 
6-month period remain available after the 
first month. 
‘‘(B) CONDITION MET.—If a condition re-
ferred to in clause (i) or (ii) of subparagraph 
(A) is met, any remaining registered positions 
shall be available for any registered employer. 
‘‘(i) PORTABILITY.— 
‘‘(1) NONIMMIGRANT PORTABILITY.—An H–2C 
nonimmigrant who is employed in a registered posi-
tion may— 
‘‘(A) be employed at any worksite if the 
registered employer advertised such location 
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under 
subsection 
(e)(2)(B)(i)(I) 
or 
(f)(3)(B)(iii); 
‘‘(B) terminate such employment at any 
time, for any reason; and 
‘‘(C) seek and accept employment with an-
other registered employer in any other reg-
istered position within the terms and conditions 
of the H–2C nonimmigrant visa. 
‘‘(2) EMPLOYER
PORTABILITY.—A registered 
employer who employs an H–2C nonimmigrant 
may— 
‘‘(A) employ such nonimmigrant at any 
worksite if the registered employer advertised 
such location under subsection (e)(2)(B)(i)(I) 
or (f)(3)(B)(iii); 
‘‘(B) terminate such employment at any 
time for any reason if such reason is lawful for 
United States workers; and 
‘‘(C) seek and hire another H–2C non-
immigrant in accordance with subsection (e)(4). 
‘‘(3) AT-WILL EMPLOYMENT.—Notwithstanding 
any other provision of law, employment pursuant to 
this section shall be considered at-will unless speci-
fied by a contract agreed to by the H–2C non-
immigrant and the registered employer. 
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‘‘(j) PROMOTION.—A registered employer may pro-
mote an H–2C nonimmigrant if the H–2C nonimmigrant 
has been employed with that employer for a period of not 
less than 12 months. Such a promotion shall not increase 
the total number of registered positions available to that 
employer. 
‘‘(k) ASSESSING THE IMPACT OF THE H–2C PRO-
GRAM.— 
‘‘(1) STUDY.—The Director of the Bureau of 
the Census, jointly with the Secretary, the Secretary 
of Energy, the Secretary of Health and Human 
Services, the Secretary of Housing and Urban De-
velopment, the Secretary of the Interior, the Sec-
retary of Labor, the Secretary of Transportation, 
the Secretary of the Treasury, and the Attorney 
General, shall undertake a study examining the im-
pacts of this section as well as a possible future per-
manent H–2C program on the infrastructure of, and 
quality of life in, the participating metropolitan sta-
tistical areas and counties. 
‘‘(2) REPORT.—Not later than 3 years after the 
date of the enactment of the Workforce for an Ex-
panding Economy Act, the Director of the Bureau 
of the Census shall submit to Congress a report on 
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the findings of the study required by paragraph (1), 
including the following information: 
‘‘(A) An estimate of legal and illegal immi-
grants in participating counties and metropoli-
tan statistical areas, the estimated change in 
those populations since commencement of the 
program, and the estimated change to the num-
ber of United States workers in such counties 
and metropolitan statistical areas. 
‘‘(B) The impact of H–2C nonimmigrants 
on employment and wage rates for United 
States workers in State labor markets affected 
by worker inflows into the full employment 
areas where the program operates. The study 
should pay particular attention to the industries 
and services in which H–2C nonimmigrants are 
concentrated. It should take into consideration 
equilibrating labor flows in and out of said full 
employment areas, and it should consider asso-
ciated costs and benefits, including those re-
lated to public services, infrastructure mainte-
nance, business startups, investment, and over-
all economic activity. 
‘‘(C) The impact of H–2C nonimmigrants 
on home ownership rates, housing prices, and 
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the demand for low-income and subsidized 
housing in participating counties and metropoli-
tan statistical areas and the public expenditures 
required to maintain current median standards 
in these areas and the degree to which those 
standards will deteriorate if such expenditures 
are not forthcoming. 
‘‘(D) The impact of H–2C nonimmigrants 
on access to quality health care in participating 
counties and metropolitan statistical areas, on 
the cost of health care and health insurance, 
and an estimate of the public expenditures re-
quired to maintain current median standards 
and the degree to which those standards will 
deteriorate if such expenditures are not forth-
coming. 
‘‘(E) The impact of H–2C nonimmigrants 
on the criminal justice system in participating 
counties and metropolitan statistical areas, and 
an estimate of associated public costs. 
‘‘(F) The impact of permitting non-sea-
sonal low skilled workers that currently do not 
qualify for H–2C nonimmigrant status to qual-
ify for H–2C nonimmigrant status or of cre-
ating a new program to provide nonimmigrant 
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status for such non-seasonal low skilled work-
ers, including— 
‘‘(i) any impact on United States 
workers; 
‘‘(ii) any impact on employers that 
are utilizing H–2C nonimmigrants; 
‘‘(iii) any impact on employers that do 
not 
qualify 
to 
employ 
H–2C 
non-
immigrants; and 
‘‘(iv) any impact on H–2C non-
immigrants. 
‘‘(l) H–2C NONIMMIGRANT PROTECTIONS.— 
‘‘(1) WAIVER OF RIGHTS PROHIBITED.— 
‘‘(A) 
IN
GENERAL.—An 
H–2C 
non-
immigrant may not be required to waive any 
substantive rights or protections under this Act. 
‘‘(B) CONSTRUCTION.—Nothing in this 
paragraph may be construed to affect the inter-
pretation of any other law. 
‘‘(2) PROHIBITION
ON
TREATMENT
AS
INDE-
PENDENT CONTRACTORS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law— 
‘‘(i) an H–2C nonimmigrant is prohib-
ited from being treated as an independent 
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contractor under any Federal or State law; 
and 
‘‘(ii) no person, including any em-
ployer, labor contractor, or any person who 
is affiliated with or contracts with an em-
ployer or labor contractor, may treat an 
H–2C nonimmigrant as an independent 
contractor. 
‘‘(B) CONSTRUCTION.—Subparagraph (A) 
may not be construed to prevent registered em-
ployers who operate as independent contractors 
from employing H–2C nonimmigrants. 
‘‘(3) PAYMENT OF FEES.—A fee related to the 
hiring of an H–2C nonimmigrant required to be paid 
by an employer under this Act shall be paid by the 
employer and may not be deducted from the wages 
or other compensation paid to an H–2C non-
immigrant. 
‘‘(4) TAX
RESPONSIBILITIES.—An employer 
shall comply with all applicable Federal, State, and 
local tax laws with respect to each H–2C non-
immigrant employed by the employer. 
‘‘(5) WHISTLEBLOWER PROTECTION.—It shall 
be unlawful for an employer of an H–2C non-
immigrant to intimidate, threaten, restrain, coerce, 
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retaliate, discharge, or in any other manner discrimi-
nate against an employee or former employee be-
cause the employee or former employee— 
‘‘(A) discloses information to the employer 
or any other person that the employee or 
former employee reasonably believes that the 
employer or other person has committed a vio-
lation of this section; or 
‘‘(B) cooperates or seeks to cooperate in an 
investigation or other proceeding concerning 
compliance with the requirements of this sec-
tion. 
‘‘(m) ENFORCEMENT.— 
‘‘(1) COMPLAINT
PROCESS.—The Secretary 
shall, by rule, establish a process for the receipt, in-
vestigation, and disposition of complaints by an ag-
grieved employee, applicant, or H–2C nonimmigrant 
respecting a violation of this section. 
‘‘(2) FILING
DEADLINE.—No investigation or 
hearing shall be conducted on a complaint con-
cerning a violation under this section unless the 
complaint was filed not later than 3 months after 
the date of such violation. 
‘‘(3) REASONABLE BASIS.—The Secretary shall 
conduct an investigation under this subsection if 
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there is reasonable basis to believe that a violation 
of this section has occurred. The process established 
under this subsection shall provide that, not later 
than 30 days after a complaint is filed, the Sec-
retary shall determine if there is reasonable cause to 
find such a violation. 
‘‘(4) NOTICE AND HEARING.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the Secretary finds a reasonable 
basis under paragraph (3), the Secretary shall 
issue a notice to the interested parties and offer 
an opportunity for a hearing on the complaint, 
in accordance with section 556 of title 5, 
United States Code. 
‘‘(B) HEARING DEADLINE.—Not later than 
60 days after the date of a hearing under this 
paragraph, the Secretary shall make a finding 
on the matter. 
‘‘(5) ATTORNEY’S FEES.— 
‘‘(A) AWARD.—A complainant who prevails 
in an action under this subsection with respect 
to a claim related to wages or compensation for 
employment shall be entitled to an award of 
reasonable attorney’s fees and costs. 
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‘‘(B) FRIVOLOUS
COMPLAINTS.—A com-
plainant who files a frivolous complaint under 
this subsection shall be liable for the reasonable 
attorney’s fees and costs of the person named 
in the complaint. 
‘‘(6) POWER OF THE SECRETARY.—The Sec-
retary may bring an action in any court of com-
petent jurisdiction— 
‘‘(A) to seek remedial action, including in-
junctive relief; 
‘‘(B) to recover the damages described in 
subsection (n)(2); or 
‘‘(C) to ensure compliance with terms and 
conditions described in subsection (l)(5). 
‘‘(7) OTHER
RIGHTS
OF
EMPLOYEES.—The 
rights and remedies provided to H–2C non-
immigrants under this section are in addition to any 
other contractual or statutory rights and remedies of 
the workers, and are not intended to alter or affect 
such rights and remedies. 
‘‘(8) COMPLIANCE.—De minimis variations 
from the registered position’s duties described in the 
application and related materials or from the posi-
tion’s general description provided in the attestation 
or the advertising requirements pursuant to sub-
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section (e), including de minimis work or work inci-
dental to the job, shall be permitted and not be 
cause for complaint, referral, investigation, audit, or 
penalties. 
‘‘(n) PENALTIES.— 
‘‘(1) IN GENERAL.—If, after notice and an op-
portunity for a hearing, the Secretary finds a viola-
tion of this section, the Secretary may impose ad-
ministrative remedies and penalties, including re-
quiring the payment of— 
‘‘(A) back wages; and 
‘‘(B) benefits. 
‘‘(2) CIVIL
PENALTIES.—The Secretary may 
bring an action for a civil monetary penalty— 
‘‘(A) for a violation of this section— 
‘‘(i) in an amount not more than 
$3,000 for the first violation and $4,000 
per violation for each subsequent violation; 
or 
‘‘(ii) if the violation was committed 
knowingly, a fine in an amount not more 
than $5,000 per violation; 
‘‘(B) for intentionally failing to comply 
with the protections of United States workers 
required under this section or with the protec-
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tion of whistleblowers under subsection (l)(5), a 
fine in an amount not more than $25,000 per 
violation; or 
‘‘(C) for knowingly failing to materially 
comply with the terms of other representations 
made in petitions, applications, certifications, or 
attestations under this section— 
‘‘(i) a fine in an amount not more 
than $4,000 per violation; and 
‘‘(ii) upon the occasion of a third of-
fense of failure to comply with representa-
tions, a fine in an amount not to exceed 
$5,000 per violation and designation as an 
ineligible employer, pursuant to subsection 
(d)(3)(B)(i). 
‘‘(3) CRIMINAL
PENALTY.—Any H–2C non-
immigrant who intentionally fails to report to a reg-
istered position in the time period specified in sub-
section (c)(6)(A)(i) or a registered employer who 
knowingly facilitates an H–2C nonimmigrant to in-
tentionally fail to report in the time period specified 
above shall— 
‘‘(A) for a first offense, be fined in accord-
ance with title 18, United States Code, in an 
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amount up to $5,000, or imprisoned for not 
more than 90 days; and 
‘‘(B) for each subsequent offense, be fined 
in accordance with title 18, United States Code, 
in an amount up to $10,000, or imprisoned for 
not more than 1 year, or both. 
‘‘(o) MONITORING.— 
‘‘(1) ELECTRONIC MONITORING SYSTEM.— 
‘‘(A) REQUIREMENT
FOR
SYSTEM.—The 
Secretary, through U.S. Citizenship and Immi-
gration Services, shall implement an electronic 
monitoring system to monitor the presence and 
employment of H–2C nonimmigrants, including 
a requirement that registered employers update 
the system when H–2C nonimmigrants start 
and end employment in registered positions. 
The system shall be operational not later than 
6 months following the date of the publication 
of the final regulations to carry out this section. 
‘‘(B) RELATIONSHIP TO SEVIS.—Such sys-
tem shall be modeled on the Student and Ex-
change Visitor Information System (SEVIS) 
and SEVIS II tracking system of U.S. Immi-
gration and Customs Enforcement. 
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