graph (B) or (C) to account for significant 
labor shortages. 
‘‘(3) ALLOCATION OF VISAS.— 
‘‘(A) BI-ANNUAL
ALLOCATION.—The an-
nual allocation of visas described in paragraph 
(2) shall be evenly allocated between two halves 
of the fiscal year unless the Secretary of Home-
land Security, in consultation with the Sec-
retary of Agriculture and Secretary of Labor, 
determines that an alternative allocation would 
better accommodate demand for visas. Any un-
used visas in the first half of the fiscal year 
shall be added to the allocation for the subse-
quent half of the same fiscal year. 
‘‘(B) RESERVE
FOR
DAIRY
LABOR
OR 
SERVICES.— 
‘‘(i) IN GENERAL.—Of the visa num-
bers made available in each half of the fis-
cal year pursuant to subparagraph (A), 50 
percent of such visas shall be reserved for 
employers filing petitions seeking H–2A 
workers to engage in agricultural labor or 
services in the dairy industry. 
‘‘(ii) EXCEPTION.—If, after 4 months 
have elapsed in one half of the fiscal year, 
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the Secretary of Homeland Security deter-
mines that application of clause (i) will re-
sult in visas going unused during that half 
of the fiscal year, clause (i) shall not apply 
to visas under this paragraph during the 
remainder of such calendar half. 
‘‘(C) LIMITED ALLOCATION FOR CERTAIN 
SPECIAL PROCEDURES INDUSTRIES.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
the numerical limitations under paragraph 
(2), up to 500 aliens may be issued visas 
or otherwise provided H–2A nonimmigrant 
status under paragraph (1) in a fiscal year 
for range sheep or goat herding. 
‘‘(ii) LIMITATION.—The total number 
of aliens in the United States in valid H– 
2A status under clause (i) at any one time 
may not exceed 500. 
‘‘(iii) 
CLARIFICATION.—Any 
visas 
issued under this subparagraph may not be 
considered for purposes of the annual ad-
justments under subparagraphs (B) and 
(C) of paragraph (2). 
‘‘(4) ANNUAL ROUND TRIP HOME.— 
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‘‘(A) IN
GENERAL.—In addition to the 
other requirements of this section, an employer 
shall provide H–2A workers employed under 
this subsection, at no cost to such workers, with 
annual round trip travel, including transpor-
tation and subsistence during travel, to their 
homes in their communities of origin. The em-
ployer must provide such travel within 14 
months of the initiation of the worker’s employ-
ment, and no more than 14 months can elapse 
between each required period of travel. 
‘‘(B) LIMITATION.—The cost of travel 
under subparagraph (A) need not exceed the 
lesser of— 
‘‘(i) the actual cost to the worker of 
the transportation and subsistence in-
volved; or 
‘‘(ii) the most economical and reason-
able 
common 
carrier 
transportation 
charges and subsistence costs for the dis-
tance involved. 
‘‘(5) FAMILY HOUSING.—An employer seeking 
to employ an H–2A worker pursuant to this sub-
section shall offer family housing to workers with 
families if such workers are engaged in agricultural 
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employment that is not of a seasonal or temporary 
nature. The worker may reject such an offer. The 
employer may not charge the worker for the work-
er’s housing, except that if the worker accepts family 
housing, a prorated rent based on the fair market 
value for such housing may be charged for the work-
er’s family members. 
‘‘(6) WORKPLACE SAFETY PLAN FOR DAIRY EM-
PLOYEES.— 
‘‘(A) IN
GENERAL.—If an employer is 
seeking to employ a worker in agricultural labor 
or services in the dairy industry pursuant to 
this subsection, the employer must report inci-
dents consistent with the requirements under 
section 1904.39 of title 29, Code of Federal 
Regulations, and maintain an effective worksite 
safety and compliance plan to prevent work-
place accidents and otherwise ensure safety. 
Such plan shall— 
‘‘(i) be in writing in English and, to 
the extent necessary, any language com-
mon to a significant portion of the workers 
if they are not fluent in English; and 
‘‘(ii) be posted at a conspicuous loca-
tion at the worksite and provided to em-
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ployees prior to the commencement of 
labor or services. 
‘‘(B) CONTENTS OF PLAN.—The Secretary 
of Labor, in consultation with the Secretary of 
Agriculture, shall establish by regulation the 
minimum requirements for the plan described 
in subparagraph (A). Such plan shall include 
measures to— 
‘‘(i) require workers (other than the 
employer’s family members) whose posi-
tions require contact with animals to com-
plete animal care training, including ani-
mal handling and job-specific animal care; 
‘‘(ii) protect against sexual harass-
ment and violence, resolve complaints in-
volving harassment or violence, and protect 
against retaliation against workers report-
ing harassment or violence; and 
‘‘(iii) contain other provisions nec-
essary for ensuring workplace safety, as 
determined by the Secretary of Labor, in 
consultation with the Secretary of Agri-
culture. 
‘‘(C) CLARIFICATION.—Nothing in this 
paragraph is intended to apply to persons or 
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entities that are not seeking to employ workers 
under this section. Nothing in this paragraph is 
intended to limit any other Federal or State au-
thority to promulgate, enforce, or maintain 
health and safety standards related to the dairy 
industry. 
‘‘(j) ELIGIBILITY FOR H–2A STATUS AND ADMISSION 
TO THE UNITED STATES.— 
‘‘(1) DISQUALIFICATION.—An alien shall be in-
eligible for admission to the United States as an H– 
2A worker pursuant to a petition filed under this 
section if the alien was admitted to the United 
States as an H–2A worker within the past 5 years 
of the date the petition was filed and— 
‘‘(A) violated a material provision of this 
section, including the requirement to promptly 
depart the United States when the alien’s au-
thorized period of admission has expired, unless 
the alien has good cause for such failure to de-
part; or 
‘‘(B) otherwise violated a term or condition 
of admission into the United States as an H– 
2A worker. 
‘‘(2) VISA VALIDITY.—A visa issued to an H– 
2A worker shall be valid for 3 years and shall allow 
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for multiple entries during the approved period of 
admission. 
‘‘(3) PERIOD
OF
AUTHORIZED
STAY; ADMIS-
SION.— 
‘‘(A) IN GENERAL.—An alien admissible as 
an H–2A worker shall be authorized to stay in 
the United States for the period of employment 
specified in the petition approved by the Sec-
retary of Homeland Security under this section. 
The maximum continuous period of authorized 
stay for an H–2A worker is 36 months. 
‘‘(B) REQUIREMENT TO REMAIN OUTSIDE 
THE UNITED STATES.—In the case of an H–2A 
worker whose maximum continuous period of 
authorized stay (including any extensions) has 
expired, the alien may not again be eligible for 
such stay until the alien remains outside the 
United States for a cumulative period of at 
least 45 days. 
‘‘(C) 
EXCEPTIONS.—The 
Secretary 
of 
Homeland Security shall deduct absences from 
the United States that take place during an H– 
2A worker’s period of authorized stay from the 
period that the alien is required to remain out-
side the United States under subparagraph (B), 
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if the alien or the alien’s employer requests 
such a deduction, and provides clear and con-
vincing proof that the alien qualifies for such a 
deduction. Such proof shall consist of evidence 
including, but not limited to, arrival and depar-
ture records, copies of tax returns, and records 
of employment abroad. 
‘‘(D) ADMISSION.—In addition to the max-
imum continuous period of authorized stay, an 
H–2A worker’s authorized period of admission 
shall include an additional period of 10 days 
prior to the beginning of the period of employ-
ment for the purpose of traveling to the place 
of employment and 45 days at the end of the 
period of employment for the purpose of trav-
eling home or seeking an extension of status 
based on a subsequent offer of employment if 
the worker has not reached the maximum con-
tinuous period of authorized stay under sub-
paragraph (A) (subject to the exceptions in sub-
paragraph (C)). 
‘‘(4) CONTINUING H–2A WORKERS.— 
‘‘(A) SUCCESSIVE EMPLOYMENT.—An H– 
2A worker is authorized to start new or concur-
rent employment upon the filing of a nonfrivo-
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lous H–2A petition, or as of the requested start 
date, whichever is later if— 
‘‘(i) the petition to start new or con-
current employment was filed prior to the 
expiration of the H–2A worker’s period of 
admission as defined in paragraph (3)(D); 
and 
‘‘(ii) the H–2A worker has not been 
employed without authorization in the 
United States from the time of last admis-
sion to the United States in H–2A status 
through the filing of the petition for new 
employment. 
‘‘(B) PROTECTION
DUE
TO
IMMIGRANT 
VISA BACKLOGS.—Notwithstanding the limita-
tions on the period of authorized stay described 
in paragraph (3), any H–2A worker who— 
‘‘(i) is the beneficiary of an approved 
petition, filed under section 204(a)(1)(E) 
or (F) for preference status under section 
203(b)(3)(A)(iii); and 
‘‘(ii) is eligible to be granted such sta-
tus but for the annual limitations on visas 
under section 203(b)(3)(A), 
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may apply for, and the Secretary of Homeland 
Security may grant, an extension of such non-
immigrant status until the Secretary of Home-
land Security issues a final administrative deci-
sion on the alien’s application for adjustment of 
status or the Secretary of State issues a final 
decision on the alien’s application for an immi-
grant visa. 
‘‘(5) ABANDONMENT OF EMPLOYMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an H–2A worker who aban-
dons the employment which was the basis for 
the worker’s authorized stay, without good 
cause, shall be considered to have failed to 
maintain H–2A status and shall depart the 
United States or be subject to removal under 
section 237(a)(1)(C)(i). 
‘‘(B) GRACE PERIOD TO SECURE NEW EM-
PLOYMENT.—An H–2A worker shall not be con-
sidered to have failed to maintain H–2A status 
solely on the basis of a cessation of the employ-
ment on which the alien’s classification was 
based for a period of 45 consecutive days, or 
until the end of the authorized validity period, 
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whichever is shorter, once during each author-
ized validity period. 
‘‘(k) REQUIRED DISCLOSURES.— 
‘‘(1) DISCLOSURE OF WORK CONTRACT.—Not 
later than the time the H–2A worker applies for a 
visa, the employer shall provide the worker with a 
copy of the work contract that includes the disclo-
sures and rights under this section (or in the ab-
sence of such a contract, a copy of the job order and 
proof of the certification described in subparagraphs 
(B) and (D) of subsection (h)(2)). An H–2A worker 
moving from one H–2A employer to a subsequent 
H–2A employer shall be provided with a copy of the 
new employment contract no later than the time an 
offer of employment is made by the subsequent em-
ployer. 
‘‘(2) HOURS
AND
EARNINGS
STATEMENTS.— 
The employer shall furnish to H–2A workers, on or 
before each payday, in one or more written state-
ments— 
‘‘(A) the worker’s total earnings for the 
pay period; 
‘‘(B) the worker’s hourly rate of pay, piece 
rate of pay, or both; 
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‘‘(C) the hours of employment offered to 
the worker and the hours of employment actu-
ally worked; 
‘‘(D) if piece rates of pay are used, the 
units produced daily; 
‘‘(E) an itemization of the deductions 
made from the worker’s wages; and 
‘‘(F) any other information required by 
Federal, State or local law. 
‘‘(3) NOTICE OF WORKER RIGHTS.—The em-
ployer must post and maintain in a conspicuous lo-
cation at the place of employment, a poster provided 
by the Secretary of Labor in English, and, to the ex-
tent necessary, any language common to a signifi-
cant portion of the workers if they are not fluent in 
English, which sets out the rights and protections 
for workers employed pursuant to this section. 
‘‘(l) LABOR CONTRACTORS; FOREIGN LABOR RE-
CRUITERS; PROHIBITION ON FEES.— 
‘‘(1) LABOR CONTRACTORS.— 
‘‘(A) SURETY BOND.—An employer that is 
a labor contractor who seeks to employ H–2A 
workers shall maintain a surety bond in an 
amount required under subparagraph (B). Such 
bond shall be payable to the Secretary of Labor 
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100 
or pursuant to the resolution of a civil or crimi-
nal proceeding, for the payment of wages and 
benefits, including any assessment of interest, 
owed to an H–2A worker or a similarly em-
ployed United States worker, or a United 
States worker who has been rejected or dis-
placed in violation of this section. 
‘‘(B) AMOUNT OF BOND.—The Secretary 
of Labor shall annually publish in the Federal 
Register a schedule of required bond amounts 
that are determined by such Secretary to be 
sufficient for labor contractors to discharge fi-
nancial obligations under this section based on 
the number of workers the labor contractor 
seeks to employ and the wages such workers are 
required to be paid. 
‘‘(C) PREMIUM BOND.—A labor contractor 
seeking to file a petition involving more than 
one start date under subsection (h)(1)(C) shall 
maintain a surety bond that is at least 15 per-
cent higher than the applicable bond amount 
determined by the Secretary under subpara-
graph (B). 
‘‘(D) USE OF FUNDS.—Any sums paid to 
the Secretary under subparagraph (A) that are 
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101 
not paid to a worker because of the inability to 
do so within a period of 5 years following the 
date of a violation giving rise to the obligation 
to pay shall remain available to the Secretary 
without further appropriation until expended to 
support the enforcement of this section. 
‘‘(2) PROHIBITION AGAINST EMPLOYEES PAY-
ING
FEES.—Neither the employer nor its agents 
shall seek or receive payment of any kind from any 
worker for any activity related to the H–2A process, 
including payment of the employer’s attorneys’ fees, 
application fees, or recruitment costs. An employer 
and its agents may receive reimbursement for costs 
that are the responsibility and primarily for the ben-
efit of the worker, such as government-required 
passport fees. 
‘‘(3) THIRD PARTY CONTRACTS.—The contract 
between an employer and any labor contractor or 
any foreign labor recruiter (or any agent of such 
labor contractor or foreign labor recruiter) whom the 
employer engages shall include a term providing for 
the termination of such contract for cause if the con-
tractor or recruiter, either directly or indirectly, in 
the placement or recruitment of H–2A workers seeks 
or receives payments or other compensation from 
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102 
prospective employees. Upon learning that a labor 
contractor or foreign labor recruiter has sought or 
collected such payments, the employer shall so termi-
nate any contracts with such contractor or recruiter. 
‘‘(m) ENFORCEMENT AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary of Labor is 
authorized to take such actions against employers, 
including imposing appropriate penalties and seeking 
monetary and injunctive relief and specific perform-
ance of contractual obligations, as may be necessary 
to ensure compliance with the requirements of this 
section and with the applicable terms and conditions 
of employment. 
‘‘(2) COMPLAINT PROCESS.— 
‘‘(A) PROCESS.—The Secretary of Labor 
shall establish a process for the receipt, inves-
tigation, and disposition of complaints alleging 
failure of an employer to comply with the re-
quirements under this section and with the ap-
plicable terms and conditions of employment. 
‘‘(B) FILING.—A complaint referred to in 
subparagraph (A) may be filed not later than 2 
years after the date of the conduct that is the 
subject of the complaint. 
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103 
‘‘(C) COMPLAINT
NOT
EXCLUSIVE.—A 
complaint filed under this paragraph is not an 
exclusive remedy and the filing of such a com-
plaint does not waive any rights or remedies of 
the aggrieved party under this law or other 
laws. 
‘‘(D) DECISION
AND
REMEDIES.—If the 
Secretary of Labor finds, after notice and op-
portunity for a hearing, that the employer failed 
to comply with the requirements of this section 
or the terms and conditions of employment, the 
Secretary of Labor may require payment of un-
paid wages, unpaid benefits, fees assessed in 
violation of this section, damages, and civil 
money penalties. The Secretary is also author-
ized to impose other administrative remedies, 
including disqualification of the employer from 
utilizing the H–2A program for a period of up 
to 5 years in the event of willful or multiple 
material violations. The Secretary is authorized 
to permanently disqualify an employer from uti-
lizing the H–2A program upon a subsequent 
finding involving willful or multiple material 
violations. 
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132 
visas made available under this paragraph 
shall be reserved for qualified immigrants 
described in subparagraph (A)(iii). 
‘‘(ii) PREFERENCE
FOR
AGRICUL-
TURAL WORKERS.—Subject to clause (iii), 
not less than four-fifths of the visas de-
scribed in clause (i) shall be reserved for— 
‘‘(I) qualified immigrants de-
scribed in subparagraph (A)(iii)(I) 
who will be performing agricultural 
labor or services in the United States; 
and 
‘‘(II) qualified immigrants de-
scribed in subparagraph (A)(iii)(II). 
‘‘(iii) EXCEPTION.—If because of the 
application of clause (ii), the total number 
of visas available under this paragraph for 
a calendar quarter exceeds the number of 
qualified immigrants who otherwise may be 
issued such a visa, clause (ii) shall not 
apply to visas under this paragraph during 
the remainder of such calendar quarter. 
‘‘(iv) NO
PER
COUNTRY
LIMITS.— 
Visas described under clause (ii) shall be 
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