I 
116TH CONGRESS 
2D SESSION 
H. R. 6083 
To create a nonimmigrant H–2C work visa program for agricultural workers, 
to make mandatory and permanent requirements relating to use of an 
electronic employment eligibility verification system, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 4, 2020 
Mr. YOHO (for himself, Mr. THOMPSON of Pennsylvania, Mr. DUNN, Mr. 
ROUZER, Mr. BARR, Mr. BUDD, Mrs. HARTZLER, Mr. MCCAUL, Mr. 
CASE, Mr. KELLY of Pennsylvania, and Mr. NORMAN) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Education and Labor, Ways and Means, 
and Energy and Commerce, 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 create a nonimmigrant H–2C work visa program for 
agricultural workers, to make mandatory and permanent 
requirements relating to use of an electronic employment 
eligibility verification system, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Labor Certainty for Food Security Act of 2020’’. 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—AGRICULTURAL GUESTWORKER PROGRAM 
Sec. 101. Short title. 
Sec. 102. H–2C temporary agricultural work visa program. 
Sec. 103. Admission of temporary H–2C workers. 
Sec. 104. Mediation. 
Sec. 105. Migrant and seasonal agricultural worker protection. 
Sec. 106. Binding arbitration. 
Sec. 107. Coverage through health exchanges; required health insurance cov-
erage. 
Sec. 108. Establishment of an agricultural worker employment pool. 
Sec. 109. Prevailing wage. 
Sec. 110. Portability of H–2C status. 
Sec. 111. Collection of taxes. 
Sec. 112. Effective dates; regulations; defined terms. 
Sec. 113. Report on compliance and violations. 
Sec. 114. Electronic filing system. 
TITLE II—LEGAL WORKFORCE ACT 
Sec. 201. Short title. 
Sec. 202. Employment eligibility verification process. 
Sec. 203. Employment eligibility verification system. 
Sec. 204. Recruitment, referral, and continuation of employment. 
Sec. 205. Good faith defense. 
Sec. 206. Preemption and States’ rights. 
Sec. 207. Repeal. 
Sec. 208. Penalties. 
Sec. 209. Fraud and misuse of documents. 
Sec. 210. Protection of Social Security Administration programs. 
Sec. 211. Fraud prevention. 
Sec. 212. Use of employment eligibility verification photo tool. 
Sec. 213. Identity Authentication Employment Eligibility Verification pilot pro-
grams. 
Sec. 214. Inspector General audits. 
TITLE III—H–2A PROGRAM 
Sec. 301. Administration by Department of Agriculture. 
Sec. 302. Defining agricultural labor. 
Sec. 303. Wage structure and other amendments to H–2A program. 
Sec. 304. Biometric identification card. 
Sec. 305. Effective date. 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
TITLE I—AGRICULTURAL 
GUESTWORKER PROGRAM 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Agricultural 
Guestworker Reform Act’’. 
SEC. 102. H–2C TEMPORARY AGRICULTURAL WORK VISA 
PROGRAM. 
(a) IN GENERAL.—Section 101(a)(15)(H) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
is amended by striking ‘‘; or (iii)’’ and inserting ‘‘, or (c) 
who is coming temporarily to the United States to perform 
agricultural labor or services as an at-will employee; or 
(iii)’’. 
(b) DEFINITION.—Section 101(a) of such Act (8 
U.S.C. 1101(a)) is amended by adding at the end the fol-
lowing: 
‘‘(53) The term ‘agricultural labor or services’ has 
the meaning given such term by the Secretary of Agri-
culture in regulations and includes— 
‘‘(A) agricultural labor as defined in sec-
tion 3121(g) of the Internal Revenue Code of 
1986; 
‘‘(B) agriculture as defined in section 3(f) 
of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203(f)); 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(C) the handling, planting, drying, pack-
ing, packaging, processing, freezing, or grading 
prior to delivery for storage of any agricultural 
or horticultural commodity in its unmanufac-
tured state up to the point it is to be sold to 
a warehouse for wholesale distribution; 
‘‘(D) all activities required for the prepara-
tion, processing or manufacturing of a product 
of agriculture (as such term is defined in such 
section 3(f)), or fish or shellfish, for further dis-
tribution; 
‘‘(E) forestry-related activities up to the 
point of wholesale to a distribution facility; 
‘‘(F) aquaculture activities up to the point 
of wholesale distribution; and 
‘‘(G) activities related to the breeding, 
management, training, and racing of equines. 
For purposes of labor involving meat or poultry proc-
essing, the term only includes the killing of animals and 
the breakdown of their carcasses up to the point of whole-
sale distribution, and the collection, cleaning, grading, and 
packaging of eggs up to the point of wholesale distribu-
tion.’’. 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 103. ADMISSION OF TEMPORARY H–2C WORKERS. 
(a) PROCEDURE FOR ADMISSION.—Chapter 2 of title 
II of the Immigration and Nationality Act (8 U.S.C. 1181 
et seq.) is amended by inserting after section 218 the fol-
lowing: 
‘‘SEC. 218A. ADMISSION OF TEMPORARY H–2C WORKERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DISPLACE.—The term ‘displace’ means to 
lay off a United States worker from the job for 
which H–2C workers are sought. 
‘‘(2) JOB.—The term ‘job’ refers to all posi-
tions with an employer that— 
‘‘(A) involve essentially the same respon-
sibilities; 
‘‘(B) are held by workers with substan-
tially equivalent qualifications and experience; 
and 
‘‘(C) are located in the same place or 
places of employment. 
‘‘(3) EMPLOYER.—The term ‘employer’ includes 
a single or joint employer, including— 
‘‘(A) an association acting as a joint em-
ployer with its members, who hires workers to 
perform agricultural labor or services; and 
‘‘(B) any association of farmers, producers 
or harvesters of aquatic products, or any fed-
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
eration of such associations, which is operated 
on a cooperative basis, and has the powers for 
processing, preparing for market, handling, or 
marketing farm or aquatic products. 
‘‘(4) 
FORESTRY-RELATED
ACTIVITIES.—The 
term ‘forestry-related activities’ includes tree plant-
ing, timber harvesting, logging operations, brush 
clearing, vegetation management, herbicide applica-
tion, the maintenance of rights-of-way (including for 
roads, trails, and utilities), regardless of whether 
such right-of-way is on forest land, and the har-
vesting of pine straw. 
‘‘(5) H–2C WORKER.—The term ‘H–2C worker’ 
means 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(c). 
‘‘(6) LAY OFF.— 
‘‘(A) IN GENERAL.—The term ‘lay off’— 
‘‘(i) means to cause a worker’s loss of 
employment, other than through a dis-
charge for inadequate performance, viola-
tion of workplace rules, cause, voluntary 
departure, voluntary retirement, or the ex-
piration of a grant or contract (other than 
a temporary employment contract entered 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
into in order to evade a condition described 
in paragraph (4) of subsection (b)); and 
‘‘(ii) does not include any situation in 
which the worker is offered, as an alter-
native to such loss of employment, a simi-
lar position with the same employer at 
equivalent or higher wages and benefits 
than the position from which the employee 
was discharged, regardless of whether or 
not the employee accepts the offer. 
‘‘(B) CONSTRUCTION.—Nothing in this 
paragraph is intended to limit an employee’s 
rights under a collective bargaining agreement 
or other employment contract. 
‘‘(7) UNITED
STATES
WORKER.—The term 
‘United States worker’ means any worker who is— 
‘‘(A) a citizen or national of the United 
States; or 
‘‘(B) an alien who is lawfully admitted for 
permanent residence, is admitted as a refugee 
under section 207, or is granted asylum under 
section 208. 
‘‘(b) PETITION.—An employer that seeks to employ 
aliens as H–2C workers under this section shall file with 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
the Secretary of Homeland Security a petition attesting 
to the following: 
‘‘(1) OFFER OF EMPLOYMENT.—The employer 
will offer employment to the aliens on an at-will 
basis. 
‘‘(2) TEMPORARY LABOR OR SERVICES.— 
‘‘(A) IN GENERAL.—The employer is seek-
ing to employ a specific number of H–2C work-
ers on a temporary basis and will provide com-
pensation to such workers at a wage rate no 
less than that set forth in subsection (j)(2). 
‘‘(B) DEFINITION.—For purposes of this 
paragraph, a worker is employed on a tem-
porary basis if the employer intends to employ 
the worker for no longer than the time period 
set forth in subsection (m)(1) (subject to the 
exceptions in subsection (m)(3)). 
‘‘(3) BENEFITS, WAGES, AND WORKING CONDI-
TIONS.—The employer will provide, at a minimum, 
the benefits, wages, and working conditions required 
by subsection (j) to all workers employed in the job 
for which the H–2C workers are sought. 
‘‘(4) NONDISPLACEMENT
OF
UNITED
STATES 
WORKERS.—The employer did not displace and will 
not displace United States workers employed by the 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
employer during the period of employment of the H– 
2C workers and during the 30-day period imme-
diately preceding such period of employment in the 
job for which the employer seeks approval to employ 
H–2C workers. 
‘‘(5) RECRUITMENT.— 
‘‘(A) IN GENERAL.—The employer— 
‘‘(i) conducted adequate recruitment 
before filing the petition; and 
‘‘(ii) was unsuccessful in locating suf-
ficient numbers of willing and qualified 
United States workers for the job for 
which the H–2C workers are sought. 
‘‘(B) OTHER
REQUIREMENTS.—The re-
cruitment requirement under subparagraph (A) 
is satisfied if the employer places a local job 
order with the State workforce agency serving 
each place of employment, except that nothing 
in this subparagraph shall require the employer 
to file an interstate job order under section 653 
of title 20, Code of Federal Regulations. The 
State workforce agency shall post the job order 
on its official agency website for a minimum of 
30 days and not later than 3 days after receipt 
using the employment statistics system author-
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
ized under section 15 of the Wagner-Peyser Act 
(29 U.S.C. 49l–2). The Secretary of Labor 
shall include links to the official websites of all 
State workforce agencies on a single webpage of 
the official website of the Department of Labor. 
‘‘(C) END
OF
RECRUITMENT
REQUIRE-
MENT.—The requirement to recruit United 
States workers for a job shall terminate on the 
first day that work begins for any H–2C worker 
for whom the petition was filed. 
‘‘(6) OFFERS TO UNITED STATES WORKERS.— 
The employer has offered or will offer the job for 
which the H–2C workers are sought to any eligible 
United States workers who— 
‘‘(A) apply; 
‘‘(B) are qualified for the job; and 
‘‘(C) will be available at the time, at each 
place, and for the duration, of need. 
This requirement shall not apply to United States 
workers who apply for the job on or after the first 
day that work begins for the H–2C workers. 
‘‘(7) STRIKE OR LOCKOUT.—The job that is the 
subject of the petition is not vacant because the 
former workers in that job are on strike or locked 
out in the course of a labor dispute. 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(c) LIST.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall maintain a list of the petitions filed 
under this subsection, which shall— 
‘‘(A) be sorted by employer; and 
‘‘(B) include the number of H–2C workers 
sought, the wage rate, the period of employ-
ment, each place of employment, and the date 
of need for each alien. 
‘‘(2) AVAILABILITY.—The Secretary of Home-
land Security shall make the list available for public 
examination. 
‘‘(d) PETITIONING FOR ADMISSION.— 
‘‘(1) CONSIDERATION OF PETITIONS.—For peti-
tions filed and considered under this subsection— 
‘‘(A) the Secretary of Homeland Security 
may not require such petition to be filed more 
than 28 days before the first date the employer 
requires the labor or services of H–2C workers; 
‘‘(B) within the appropriate time period 
under subparagraph (C) or (D), the Secretary 
of Homeland Security shall— 
‘‘(i) approve the petition; 
‘‘(ii) reject the petition; or 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(D) if the Secretary does not determine 
that the petition is incomplete or obviously inac-
curate, the Secretary shall not later than 10 
business days after the date on which such peti-
tion was filed, either approve or reject the peti-
tion and provide the petitioner with notice of 
such action by means ensuring same or next 
day delivery. 
‘‘(2) ACCESS.—By filing an H–2C petition, the 
petitioner and each employer (if the petitioner is an 
association that is a joint employer of workers who 
perform agricultural labor or services) consent to 
allow access to each place of employment to the De-
partment of Agriculture and the Department of 
Homeland Security for the purpose of investigations 
and audits to determine compliance with the immi-
gration laws (as defined in section 101(a)(17)). 
‘‘(3) CONFIDENTIALITY OF INFORMATION.—No 
information contained in a non-fraudulent petition 
filed by an employer pursuant to subsection (b) 
which is not otherwise available to the Secretary of 
Homeland Security may be used— 
‘‘(A) in a civil or criminal prosecution or 
investigation of the petitioning employer under 
section 274A or the Internal Revenue Code of 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
1986 for unlawful employment of an alien who 
is the beneficiary of such petition; or 
‘‘(B) for the purpose of initiating or pro-
ceeding with removal proceedings with respect 
to an alien who is the beneficiary of such peti-
tion, except in the case of an alien with respect 
to whom a petition is denied. 
‘‘(e) ROLES OF AGRICULTURAL ASSOCIATIONS.— 
‘‘(1) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association is a joint employer 
of workers who perform agricultural labor or serv-
ices, H–2C workers may be transferred among its 
members to perform the agricultural labor or serv-
ices on a temporary basis for which the petition was 
approved. 
‘‘(2) TREATMENT OF VIOLATIONS.— 
‘‘(A) INDIVIDUAL
MEMBER.—If an indi-
vidual member of an association that is a joint 
employer commits a violation described in para-
graph (2) or (3) of subsection (h) or subsection 
(i)(1), the Secretary of Agriculture shall invoke 
penalties pursuant to subsections (h) and (i) 
against only that member of the association un-
less the Secretary of Agriculture determines 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
that the association participated in, had knowl-
edge of, or had reason to know of the violation. 
‘‘(B) ASSOCIATION OF AGRICULTURAL EM-
PLOYERS.—If an association that is a joint em-
ployer commits a violation described in sub-
sections (h) (2) and (3) or (i)(1), the Secretary 
of Agriculture shall invoke penalties pursuant 
to subsections (h) and (i) against only the asso-
ciation and not any individual members of the 
association, unless the Secretary determines 
that the member participated in the violation. 
‘‘(f) EXPEDITED ADMINISTRATIVE APPEALS.—The 
Secretary of Homeland Security shall promulgate regula-
tions to provide for an expedited procedure for the review 
of a denial of a petition under this section by the Sec-
retary. At the petitioner’s request, the review shall include 
a de novo administrative hearing at which new evidence 
may be introduced. 
‘‘(g) FEES.—The Secretary of Homeland Security 
shall require, as a condition of approving the petition, the 
payment of a fee of $2,500 to recover the reasonable cost 
of processing the petition. 
‘‘(h) ENFORCEMENT.— 
‘‘(1) INVESTIGATIONS AND AUDITS.—The Sec-
retary of Agriculture shall be responsible for con-
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
ducting investigations and audits, including random 
audits, of employers to ensure compliance with the 
requirements of the H–2C program. All monetary 
fines levied against employers shall be paid to the 
Department of Agriculture and used to enhance the 
Department of Agriculture’s investigative and audit-
ing abilities to ensure compliance by employers with 
their obligations under this section. 
‘‘(2) VIOLATIONS.—If the Secretary of Agri-
culture finds, after notice and opportunity for a 
hearing, a failure to fulfill an attestation required by 
this subsection, or a material misrepresentation of a 
material fact in a petition under this subsection, the 
Secretary— 
‘‘(A) may impose such administrative rem-
edies (including civil money penalties in an 
amount not to exceed $1,000 per violation) as 
the Secretary determines to be appropriate; and 
‘‘(B) may disqualify the employer from the 
employment of H–2C workers for a period of 1 
year. 
‘‘(3) WILLFUL VIOLATIONS.—If the Secretary 
of Agriculture finds, after notice and opportunity for 
a hearing, a willful failure to fulfill an attestation re-
quired by this subsection, or a willful misrepresenta-
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
tion of a material fact in a petition under this sub-
section, the Secretary— 
‘‘(A) may impose such administrative rem-
edies (including civil money penalties in an 
amount not to exceed $5,000 per violation, or 
not to exceed $15,000 per violation if in the 
course of such failure or misrepresentation the 
employer displaced one or more United States 
workers employed by the employer during the 
period of employment of H–2C workers or dur-
ing the 30-day period immediately preceding 
such period of employment) in the job the H– 
2C workers are performing as the Secretary de-
termines to be appropriate; 
‘‘(B) may disqualify the employer from the 
employment of H–2C workers for a period of 2 
years; 
‘‘(C) may, for a subsequent failure to fulfill 
an attestation required by this subsection, or a 
misrepresentation of a material fact in a peti-
tion under this subsection, disqualify the em-
ployer from the employment of H–2C workers 
for a period of 5 years; and 
‘‘(D) may, for a subsequent willful failure 
to fulfill an attestation required by this sub-
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
section, or a willful misrepresentation of a ma-
terial fact in a petition under this subsection, 
permanently disqualify the employer from the 
employment of H–2C workers. 
‘‘(i) FAILURE TO PAY WAGES OR REQUIRED BENE-
FITS.— 
‘‘(1) IN GENERAL.—If the Secretary of Agri-
culture finds, after notice and opportunity for a 
hearing, that the employer has failed to provide the 
benefits, wages, and working conditions that the em-
ployer has attested that it would provide under this 
subsection, the Secretary shall require payment of 
back wages, or such other required benefits, due any 
United States workers or H–2C workers employed 
by the employer. 
‘‘(2) AMOUNT.—The back wages or other re-
quired benefits described in paragraph (1)— 
‘‘(A) shall be equal to the difference be-
tween the amount that should have been paid 
and the amount that was paid to such workers; 
and 
‘‘(B) shall be distributed to the workers to 
whom such wages or benefits are due. 
‘‘(j) MINIMUM WAGES, BENEFITS, AND WORKING 
CONDITIONS.— 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(1) PREFERENTIAL
TREATMENT
OF
H–2C 
WORKERS PROHIBITED.— 
‘‘(A) IN GENERAL.—Each employer seek-
ing to hire United States workers for the job 
the H–2C workers will perform shall offer such 
United States workers not less than the same 
benefits, wages, and working conditions that the 
employer will provide to the H–2C workers, ex-
cept that if an employer chooses to provide H– 
2C workers with housing or a housing allow-
ance, the employer need not offer housing or a 
housing allowance to such United States work-
ers. No job offer may impose on United States 
workers any restrictions or obligations which 
will not be imposed on H–2C workers. 
‘‘(B) INTERPRETATION.—Every interpreta-
tion and determination made under this section 
or under any other law, regulation, or interpre-
tative provision regarding the nature, scope, 
and timing of the provision of these and any 
other benefits, wages, and other terms and con-
ditions of employment shall be made so that— 
‘‘(i) the services of workers to their 
employers and the employment opportuni-
ties afforded to workers by the employers, 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
including those employment opportunities 
that require United States workers or H– 
2C workers to travel or relocate in order to 
accept or perform employment— 
‘‘(I) mutually benefit such work-
ers, as well as their families, and em-
ployers; and 
‘‘(II) principally benefit neither 
employer nor employee; and 
‘‘(ii) employment opportunities within 
the United States benefit the United 
States economy. 
‘‘(2) REQUIRED WAGES.— 
‘‘(A) IN GENERAL.—Each employer peti-
tioning for H–2C workers under this subsection 
shall offer the H–2C workers, during the period 
of authorized employment as H–2C workers, 
wages that are at least the greatest of— 
‘‘(i) the applicable State or local min-
imum wage; 
‘‘(ii) 115 percent of the Federal min-
imum wage; or 
‘‘(iii) the actual wage level paid by the 
employer to all other individuals with simi-
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
lar experience and qualifications for the 
specific employment in question. 
‘‘(B) ALTERNATE
WAGE
PAYMENT
SYS-
TEMS.—An employer can utilize a piece rate or 
other alternative wage payment system so long 
as the employer guarantees each worker a wage 
rate that equals or exceeds the amount required 
under subparagraph (A) for the total hours 
worked in each pay period. 
‘‘(k) NONDELEGATION.—The Department of Agri-
culture and the Department of Homeland Security shall 
not delegate their investigatory, enforcement, or adminis-
trative functions relating to this section to other agencies 
or departments of the Federal Government. 
‘‘(l) COMPLIANCE
WITH
BIO-SECURITY
PROTO-
COLS.—Except in the case of an imminent threat to health 
or safety, any personnel from a Federal agency or Federal 
grantee seeking to determine the compliance of an em-
ployer with the requirements of this section shall, when 
visiting such employer’s place of employment, make their 
presence known to the employer and sign-in in accordance 
with reasonable bio-security protocols before proceeding to 
any other area of the place of employment. 
‘‘(m) LIMITATION ON H–2C WORKERS’ STAY IN STA-
TUS.— 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(1) MAXIMUM PERIOD.—The maximum con-
tinuous period of authorized stay as an H–2C work-
er is 36 months. The employer shall file any petition 
to extend the period of authorized stay for such H– 
2C worker not later than 6 months before the expi-
ration of the period of authorized stay. In addition 
to the maximum continuous period of authorized 
stay, an H–2C worker may also be present for a pe-
riod of not more than 7 days prior to the beginning 
of authorized employment as an H–2C worker for 
the purpose of travel to the place of employment. 
Notwithstanding the duration of the employment re-
quested by the employer petitioning for the admis-
sion of an H–2C worker, if the alien is granted a 
visa, at the request of the alien, the term of the visa 
shall be for the maximum period described in this 
subsection, except that subsection (n) shall apply to 
such alien. 
‘‘(2) EXCEPTION.—There is no maximum con-
tinuous period of authorized status as set forth in 
paragraph (1) for H–2C workers who return to the 
workers’ permanent residence outside the United 
States each day. 
‘‘(n) ALTERNATE
EMPLOYMENT
AFTER
TERMI-
NATION.—If an H–2C worker’s employment with a reg-
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
istered agricultural employer is terminated that alien may 
seek employment with any other registered agricultural 
employer. If the alien does not obtain such employment 
by not later than 14 days after the termination of that 
alien’s employment, the period of authorized stay shall ter-
minate 28 days after the date of termination and the alien 
shall be required to depart the United States unless the 
alien is otherwise lawfully present. 
‘‘(o) CHANGE TO H–2C STATUS.— 
‘‘(1) WAIVER.—Until the date that is 12 
months after the issuance of final rules carrying out 
this Act, in the case of an alien described in para-
graph (2), the Secretary of Homeland Security shall 
waive the grounds of inadmissibility under para-
graphs (5)(A), (6)(A), (6)(C), (7), (9)(B), and 
(9)(C) of section 212(a), and the grounds of deport-
ability under paragraphs (1)(A) (with respect to the 
grounds of inadmissibility waived under this para-
graph), (1)(B), (1)(C), (3)(A), and (3)(C) of section 
237(a), with respect to conduct that occurred prior 
to the alien first receiving status as an H–2C work-
er, solely in order to provide the alien with such sta-
tus. 
‘‘(2) ALIEN DESCRIBED.—An alien described in 
this paragraph is an alien who— 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(A) was unlawfully present in the United 
States on March 4, 2020; and 
‘‘(B) performed agricultural labor or serv-
ices in the United States for at least 5.75 hours 
during each of at least 225 days during the 2- 
year period ending on March 4, 2020. 
‘‘(3) SPECIAL
APPROVAL
PROCEDURES.—The 
Secretary shall grant parole to any alien described in 
paragraph (2) who makes an application therefore, 
for a period beginning on the date of enactment of 
this Act and ending on the date that is 12 months 
after the issuance of final rules carrying out this 
Act. Such a parolee may be authorized for employ-
ment only to perform agricultural labor or services 
during the term of such parole. In the case of any 
alien who applies for parole under this paragraph 
the Secretary shall make a determination as to the 
admissibility of such alien except with regard to the 
grounds of inadmissibility waived under paragraph 
(1). Such parole may not extend past the final dis-
position of any application under this subsection. 
‘‘(4) FINE.—Before an alien described in para-
graph (2) can be provided with nonimmigrant status 
under section 101(a)(15)(H)(ii)(c), the alien shall 
pay a fine of $2,500, which shall be deposited into 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
a trust fund that shall be available to the Secretary 
of Agriculture for purposes of administering this 
section. 
‘‘(5) IMMEDIATE RELATIVES.— 
‘‘(A) PAROLE
AND
NONIMMIGRANT
STA-
TUS.—The spouse or child of an alien described 
under paragraph (2) and who are cohabitating 
with that alien at the time of application— 
‘‘(i) shall be granted parole under this 
subsection when such alien receives parole, 
under the same terms and conditions, ex-
cept that the spouse or child may not be 
authorized for employment; and 
‘‘(ii) for the term that such alien is 
provided with status as an H–2C worker, 
shall be provided nonimmigrant status 
equivalent to the status of the status ac-
corded a spouse or child if accompanying 
or following to join an alien who had sta-
tus under section 101(a)(15)(H). 
‘‘(B) WAIVERS.—For purposes of this 
paragraph, the Secretary shall apply paragraph 
(1) to such spouse or child as though the 
spouse or child was the alien described in para-
graph (2). 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(C) DOCUMENTATION.—The Secretary of 
Homeland Security shall provide the spouse or 
child with documentation of such status. 
‘‘(p) FLEXIBILITY
WITH
RESPECT
TO
START 
DATES.—Upon approval of a petition with regard to jobs 
that are of a temporary or seasonal nature, the employer 
may begin the employment of petitioned-for H–2C workers 
up to ten months after the first date the employer requires 
the labor or services of H–2C workers. An employer may 
file a petition involving employment in the same occupa-
tional classification and same area of intended employ-
ment with multiple start dates. 
‘‘(q) TRANSPORTATION.—An employer may, but is 
not required to, offer transportation to an H–2C worker, 
and may also charge a reasonable fee for the same. Any 
transportation offered shall comply with all applicable re-
quirements of Federal and State law. 
‘‘(r) ADJUSTMENT OF STATUS.—In applying section 
245 to an alien who is an H–2C worker who was the bene-
ficiary of a waiver under subsection (o)(1)— 
‘‘(1) such alien shall be deemed to have been in-
spected and admitted into the United States; and 
‘‘(2) in determining the alien’s admissibility as 
an immigrant, paragraphs (5)(A), (6)(A), (6)(C), 
(7), (9)(B), and (9)(C)(i)(I) of section 212(a) shall 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
not apply with respect to conduct that occurred prior 
to the alien first receiving status as an H–2C work-
er. 
‘‘(s) BIOMETRIC IDENTIFICATION CARD.—An H–2C 
worker shall be issued, upon being approved for status as 
an H–2C worker, an encrypted, machine-readable elec-
tronic identification card to be known as a ‘guestworker 
identification card’ which shall— 
‘‘(1) have an electronic identification strip to be 
used for all H–2C workers; 
‘‘(2) have a 15-digit numerical identification 
code that may be used for tax withholdings and for 
verifying an H–2C worker’s employment approval 
for agriculture specifically; 
‘‘(3) include a photograph on the front, and 
such other information as the Secretary determines 
necessary stored on a card containing micro-
processors for data storage including, fingerprints, 
retinal scans, DNA, blood type, and facial recogni-
tion; 
‘‘(4) be eligible for replacement not more than 
once in a 3-year period; 
‘‘(5) include the start and end date of the pe-
riod of approved stay of the H–2C worker and a 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
statement that the H–2C worker is a year-round 
worker; 
‘‘(6) have physical and electronic security fea-
tures to prevent fraudulent uses or any misuse as 
determined by the Secretary; and 
‘‘(7) have the H–2C worker’s program identi-
fication number clearly visible. 
‘‘(t) CARD READER.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall develop or otherwise designate a card 
reader for H–2C workers to check in and verify their 
place of employment for purposes of verification 
under section 274A using the guestworker identifica-
tion card, and acquire a sufficient number of such 
readers. 
‘‘(2) PLACEMENT.—Each U.S. Postal Service 
office shall reserve a space to place such a card 
reader. After the card reader has been developed or 
selected, the Secretary of Homeland Security shall 
place the card readers at each USPS office. Employ-
ers may also reserve a space at the jobsite to place 
a card reader. The Secretary of Homeland Security, 
in coordination with the Secretary of Agriculture, 
shall develop a process by which employers may re-
quest the card readers. The Secretary of Homeland 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
Security may, in order to recover the cost of the 
card reader, charge an employer a fee to place the 
card reader at the jobsite. 
‘‘(3) CHECK IN REQUIRED.—An H–2C worker 
shall be required to check in at a guestworker identi-
fication card reader at the closest, or most conven-
ient, Post Office or at his place of employment with-
in the first 72 hours of entering the United States 
to verify employment. The H–2C worker shall check 
in at the beginning of each quarter of the calendar 
year, and the H–2C worker shall check in within 7 
days of each quarter. If an H–2C worker fails to 
check in, the employer will be notified in writing and 
electronically, and the H–2C worker will be required 
to contact the Secretary of Agriculture within 7 days 
to explain the occurrence. If an H–2C worker fails 
to check in for 2 consecutive quarters, the H–2C 
worker will be removed from the program, ineligible 
to reapply to the program for 3 years, and will be 
required to return to his home country. The infor-
mation collected by the Department of Homeland 
Security, or the Department of Agriculture, by the 
guestworker identification card reader may only be 
used to verify compliance with this section or other 
reporting requirements under this section, section 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
214(s), and section 113 of the Labor Certainty for 
Food Security Act of 2020. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to require an H– 
2A worker to check in under this subsection. 
‘‘(u) SOCIAL SECURITY NUMBERS.—An H–2C work-
er may not be issued a social security account number. 
In any case where such number would be necessary, the 
guestworker identification number issued by the Secretary 
of Agriculture shall be used. 
‘‘(v) EXPEDITED APPROVAL
FOR CERTAIN H–2C 
WORKERS.—The Secretary of Homeland Security shall es-
tablish a process for expediting consideration of any peti-
tion for a worker who has previously been the subject of 
two consecutive petitions that were approved. 
‘‘(w) ESTABLISHMENT
AND EXPANSION
OF CON-
SULATES.—The Secretary of State is authorized to take 
such steps as may be necessary in order to expand and 
establish consulates in foreign countries in which aliens 
are likely to apply to become seasonal agricultural workers 
under the program. 
‘‘(x) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—An 
H–2C worker is not eligible for any financial assistance 
program under Federal law (whether through grant, loan, 
guarantee, or otherwise) on the basis of financial need.’’. 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
(b) PROHIBITION ON FAMILY MEMBERS.—Section 
101(a)(15)(H) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)) is amended by striking ‘‘him;’’ at 
the end and inserting ‘‘him, except that no spouse or child 
may be admitted under clause (ii)(c) (except as otherwise 
provided under section 218A(o)(5));’’. 
(c) SECRETARY OF AGRICULTURE REVIEW OF AGRI-
CULTURAL WORK NEEDS.—Section 214 of the Immigra-
tion and Nationality Act (8 U.S.C. 1184) is amended by 
adding at the end the following: 
‘‘(s) SECRETARY OF AGRICULTURE REVIEW OF AG-
RICULTURAL WORK NEEDS.— 
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture shall conduct a review, on a continual basis, 
of— 
‘‘(A) whether there are indicators of a 
shortage or surplus of workers performing agri-
cultural labor or services; 
‘‘(B) the growth or contraction in the 
United States agricultural industry and whether 
such growth or contraction has increased or de-
creased the demand for workers to perform ag-
ricultural labor or services; 
‘‘(C) the level of unemployment and under-
employment of United States workers (as de-
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
fined in section 218A(a)) in agricultural labor 
or services; 
‘‘(D) the number of H–2C workers (as de-
fined in section 218A(a)) who in the preceding 
fiscal year had to depart from the United 
States or be subject to removal under section 
237(a)(1)(C)(i) because they could not find ad-
ditional employment; 
‘‘(E) the number of H–2C workers who in 
the preceding calendar year received a final 
order of removal for violations under the immi-
gration laws; and 
‘‘(F) the estimated number of non-
immigrant agricultural workers issued a visa or 
otherwise provided nonimmigrant status pursu-
ant to section 101(a)(15)(H)(ii) (a) or (c) dur-
ing preceding fiscal years who remain in the 
United States out of compliance with the terms 
of their status. 
‘‘(2) ANNUAL REPORT.—Each employer of H– 
2C workers shall report to the Secretary the number 
of H–2C workers that are anticipated to be needed 
for the following calendar year.’’. 
(d) INTENT.—Section 214(b) of the Immigration and 
Nationality Act (8 U.S.C. 1184(b)) is amended by striking 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
‘‘section 101(a)(15)(H)(i) except subclause (b1) of such 
section’’ and inserting ‘‘clause (i), except subclause (b1), 
or (ii)(c) of section 101(a)(15)(H)’’. 
(e) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item relating 
to section 218 the following: 
‘‘Sec. 218A. Admission of temporary H–2C workers.’’. 
SEC. 104. MEDIATION. 
Nonimmigrants 
having 
status 
under 
section 
101(a)(15)(H)(ii)(c) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)) may not bring civil 
actions for damages against their employers, nor may any 
other attorneys or individuals bring civil actions for dam-
ages on behalf of such nonimmigrants against the non-
immigrants’ employers, unless at least 90 days prior to 
bringing an action a request has been made to the Federal 
Mediation and Conciliation Service to assist the parties 
in reaching a satisfactory resolution of all issues involving 
all parties to the dispute and mediation has been at-
tempted. 
SEC. 105. MIGRANT AND SEASONAL AGRICULTURAL WORK-
ER PROTECTION. 
Section 3(8)(B)(ii) of the Migrant and Seasonal Agri-
cultural 
Worker 
Protection 
Act 
(29 
U.S.C. 
1802(8)(B)(ii)) is amended by striking ‘‘under sections 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and 
Nationality Act.’’ and inserting ‘‘under subclauses (a) and 
(c) of section 101(a)(15)(H)(ii), and section 214(c), of the 
Immigration and Nationality Act.’’. 
SEC. 106. BINDING ARBITRATION. 
(a) APPLICABILITY.—H–2C workers may, as a condi-
tion of employment with an employer, be subject to man-
datory binding arbitration and mediation of any grievance 
relating to the employment relationship. An employer shall 
provide any such workers with notice of such condition of 
employment at the time it makes job offers. 
(b) ALLOCATION OF COSTS.—Any cost associated 
with such arbitration and mediation process shall be 
equally divided between the employer and the H–2C work-
ers, except that each party shall be responsible for the cost 
of its own counsel, if any. 
(c) DEFINITIONS.—As used in this section: 
(1) The term ‘‘condition of employment’’ means 
a term, condition, obligation, or requirement that is 
part of the job offer, such as the term of employ-
ment, job responsibilities, employee conduct stand-
ards, and the grievance resolution process, and to 
which applicants or prospective H–2C workers must 
consent or accept in order to be hired for the posi-
tion. 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
(2) The term ‘‘H–2C worker’’ means a non-
immigrant described in section 218A(a)(5) of the 
Immigration and Nationality Act, as added by this 
Act. 
SEC. 107. COVERAGE THROUGH HEALTH EXCHANGES; RE-
QUIRED HEALTH INSURANCE COVERAGE. 
(a) COVERAGE THROUGH HEALTH EXCHANGES.—In 
applying section 1312(f)(3) of the Patient Protection and 
Affordable Care Act (42 U.S.C. 18032(f)(3)), an H–2C 
worker (as defined in section 218A(a)(5) of the Immigra-
tion and Nationality Act, as added by this Act) shall not 
be treated as an individual who is, or is reasonably ex-
pected to be, a citizen or national of the United States 
or an alien lawfully present in the United States. 
(b) REQUIREMENT REGARDING HEALTH INSURANCE 
COVERAGE.— 
(1) IN
GENERAL.—Notwithstanding the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.) and State and local wage laws, not later than 
21 days after being issued a visa or otherwise pro-
vided 
nonimmigrant 
status 
under 
section 
101(a)(15)(H)(ii)(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)), an alien 
shall, in the case that qualifying health coverage is 
offered in the State of employment or State of resi-
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
dence of such alien and the alien is eligible for such 
coverage, for the period of employment specified in 
section 218A(b)(1) of the Immigration and Nation-
ality Act, be enrolled under qualifying health cov-
erage. 
(2) QUALIFYING HEALTH COVERAGE.—For pur-
poses of paragraph (1), the term ‘‘qualifying health 
coverage means’’, with respect to an alien described 
in such paragraph, the higher of the following levels 
of coverage applicable to such alien: 
(A) At a minimum, catastrophic health in-
surance coverage that provides coverage of such 
individual with respect to at least the State of 
employment and State of residence of the alien. 
(B) In the case of an alien whose State of 
residence or State of employment requires such 
an alien to maintain coverage under health in-
surance, such health insurance. 
(3) ADDITIONAL
HEALTH
COVERAGE.—H–2C 
workers or employers thereof may pay for additional 
health insurance, which must be a reasonable and 
fair price, subject to State and Federal requirements 
under law. 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 108. ESTABLISHMENT OF AN AGRICULTURAL WORKER 
EMPLOYMENT POOL. 
The Secretary of Agriculture shall establish an agri-
cultural worker employment pool and an electronic inter-
net-based portal to assist H–2C workers (as such term 
is defined in section 218A of the Immigration and Nation-
ality Act), prospective H–2C workers, and employers to 
identify job opportunities in the H–2C program and will-
ing, able, and available workers for the program, respec-
tively, and may charge a fee for the use of such portal. 
SEC. 109. PREVAILING WAGE. 
Section 212(p) of the Immigration and Nationality 
Act (8 U.S.C. 1182(p)) is amended— 
(1) in paragraph (1), by inserting after ‘‘sub-
sections (a)(5)(A) and (s)(1)(A)(i)(II)’’ the fol-
lowing: 
‘‘of 
this 
section 
and 
section 
218A(j)(2)(B)(ii)’’; and 
(2) in paragraph (3), by inserting after ‘‘sub-
sections (a)(5)(A) and (s)(1)(A)(i)(II)’’ the fol-
lowing: 
‘‘of 
this 
section 
and 
section 
218A(j)(2)(B)(ii)’’. 
SEC. 110. PORTABILITY OF H–2C STATUS. 
Section 214(n)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1184(n)(1)) is amended by inserting after 
‘‘section 
101(a)(15)(H)(i)(b)’’ 
the 
following: 
‘‘or 
101(a)(15)(H)(ii)(c)’’. 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 111. COLLECTION OF TAXES. 
For purposes of chapters 2, 3, 21 and 23 of the Inter-
nal Revenue Code of 1986, any remuneration paid by any 
person to an individual for services as an H–2C worker 
shall be treated in the same manner as wages with respect 
to employment of such individual. Notwithstanding any 
other provision of law, an H–2C worker shall be ineligible 
for any benefit payable under title XVIII of the Social Se-
curity Act. 
SEC. 112. EFFECTIVE DATES; REGULATIONS; DEFINED 
TERMS. 
(a) IN GENERAL.—Sections 102 and sections 104 
through 106 of this title, subsections (a) and (c) through 
(f) of section 103 of this title, and the amendments made 
by the sections, shall take effect on the date on which the 
Secretary issues the rules under paragraph (3), and the 
Secretary of Homeland Security shall accept petitions pur-
suant to section 218A of the Immigration and Nationality 
Act, as inserted by this title, beginning no later than that 
date. Sections 107 and 109 of this title shall take effect 
on the date of the enactment of this Act. 
(b) AT-WILL EMPLOYMENT.—Section 103(b) of this 
Act and the amendments made by that subsection shall 
take effect when— 
(1) it becomes unlawful for all persons or other 
entities to hire, or to recruit or refer for a fee, for 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
employment in the United States an individual (as 
provided in section 274A(a)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(a)(1))) without 
using the verification system set forth in section 
274A(d) of such Act, as amended by section 203 of 
title II, to seek verification of the employment eligi-
bility of an individual; and 
(2) such verification system, in providing con-
firmation of an individual’s employment eligibility, 
indicates whether an individual is eligible to be em-
ployed only to perform agricultural labor or services 
as a nonimmigrant who has been issued a visa or 
otherwise provided nonimmigrant status under sec-
tion 101(a)(15)(H)(ii)(c) of the Immigration and 
Nationality Act. 
(c) REGULATIONS.—Notwithstanding any other pro-
vision of law, not later than the first day of the seventh 
month that begins after the date of the enactment of this 
Act, the Secretary of Homeland Security shall issue final 
rules, on an interim or other basis, to carry out this title. 
(d) DEFINED TERMS.—Terms used in this title have 
the meanings given such terms in section 101 and section 
218A of the Immigration and Nationality Act. 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 113. REPORT ON COMPLIANCE AND VIOLATIONS. 
Not later than 1 year after the first day on which 
employers can file petitions pursuant to section 218A of 
the Immigration and Nationality Act, as added by section 
103(a) of this Act, the Secretary of Homeland Security, 
in consultation with the Secretary of Agriculture, shall 
submit to the Committees on the Judiciary of the House 
of Representatives and the Senate a report on compliance 
by H–2C workers with the requirements of this Act and 
the Immigration and Nationality Act, as amended by this 
Act. In the case of a violation of a term or condition of 
the temporary agricultural work visa program established 
by this Act, the report shall identify the provision or provi-
sions of law violated. 
SEC. 114. ELECTRONIC FILING SYSTEM. 
The Secretary of Homeland Security, in coordination 
with the Secretary of Agriculture, shall establish an elec-
tronic filing system for petitions under section 218A of 
the Immigration and Nationality Act, as added by section 
103(a) of this Act, and for applications and petitions for 
or relating to status under section 101(a)(15)(H)(ii)(a). 
An employer shall be able to file any administrative appeal 
of a determination on such a petition or application 
through the system. 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
TITLE II—LEGAL WORKFORCE 
ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Legal Workforce Act’’. 
SEC. 202. EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS. 
(a) IN GENERAL.—Section 274A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 
to read as follows: 
‘‘(b) 
EMPLOYMENT
ELIGIBILITY
VERIFICATION 
PROCESS.— 
‘‘(1) NEW HIRES, RECRUITMENT, AND REFER-
RAL.—The requirements referred to in paragraphs 
(1)(B) and (3) of subsection (a) are, in the case of 
a person or other entity hiring, recruiting, or refer-
ring an individual for employment in the United 
States, the following: 
‘‘(A) ATTESTATION
AFTER
EXAMINATION 
OF DOCUMENTATION.— 
‘‘(i) 
ATTESTATION.—During 
the 
verification period (as defined in subpara-
graph (E)), the person or entity shall at-
test, under penalty of perjury and on a 
form, including electronic and telephonic 
formats, designated or established by the 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
Secretary by regulation not later than 6 
months after the date of the enactment of 
the Legal Workforce Act, that it has 
verified that the individual is not an unau-
thorized alien by— 
‘‘(I) obtaining from the indi-
vidual the individual’s social security 
account number, guestworker identi-
fication number, or United States 
passport number and recording the 
number on the form (if the individual 
claims to have been issued such a 
number), and, if the individual does 
not attest to United States nationality 
under subparagraph (B), obtaining 
such identification or authorization 
number established by the Depart-
ment of Homeland Security for the 
alien as the Secretary of Homeland 
Security may specify, and recording 
such number on the form; and 
‘‘(II) examining— 
‘‘(aa) a document relating to 
the individual presenting it de-
scribed in clause (ii); or 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(bb) a document relating to 
the individual presenting it de-
scribed in clause (iii) and a docu-
ment relating to the individual 
presenting it described in clause 
(iv). 
‘‘(ii) DOCUMENTS
EVIDENCING
EM-
PLOYMENT
AUTHORIZATION
AND
ESTAB-
LISHING
IDENTITY.—A 
document 
de-
scribed in this subparagraph is an individ-
ual’s— 
‘‘(I) unexpired United States 
passport or passport card; 
‘‘(II) unexpired permanent resi-
dent card that contains a photograph; 
‘‘(III) unexpired employment au-
thorization card that contains a pho-
tograph; 
‘‘(IV) in the case of a non-
immigrant alien authorized to work 
for a specific employer incident to sta-
tus, a foreign passport with Form I– 
94 or Form I–94A, or other docu-
mentation as designated by the Sec-
retary specifying the alien’s non-
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
immigrant status as long as the pe-
riod of status has not yet expired and 
the proposed employment is not in 
conflict with any restrictions or limita-
tions identified in the documentation; 
‘‘(V) passport from the Fed-
erated States of Micronesia (FSM) or 
the Republic of the Marshall Islands 
(RMI) with Form I–94 or Form I– 
94A, or other documentation as des-
ignated by the Secretary, indicating 
nonimmigrant admission under the 
Compact of Free Association Between 
the United States and the FSM or 
RMI; or 
‘‘(VI) other document designated 
by the Secretary of Homeland Secu-
rity, if the document— 
‘‘(aa) contains a photograph 
of the individual and biometric 
identification data from the indi-
vidual and such other personal 
identifying information relating 
to the individual as the Secretary 
of Homeland Security finds, by 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
regulation, sufficient for purposes 
of this clause; 
‘‘(bb) is evidence of author-
ization of employment in the 
United States; and 
‘‘(cc) contains security fea-
tures to make it resistant to tam-
pering, counterfeiting, and fraud-
ulent use. 
‘‘(iii) DOCUMENTS
EVIDENCING
EM-
PLOYMENT AUTHORIZATION.—A document 
described in this subparagraph is an indi-
vidual’s social security account number 
card (other than such a card which speci-
fies on the face that the issuance of the 
card does not authorize employment in the 
United States). 
‘‘(iv) 
DOCUMENTS
ESTABLISHING 
IDENTITY
OF
INDIVIDUAL.—A document 
described in this subparagraph is— 
‘‘(I) an individual’s unexpired 
driver’s license or identification card if 
it was issued by a State or American 
Samoa and contains a photograph and 
information such as name, date of 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
birth, gender, height, eye color, and 
address; 
‘‘(II) an individual’s unexpired 
U.S. military identification card; or 
‘‘(III) an individual’s unexpired 
Native American tribal identification 
document issued by a tribal entity rec-
ognized by the Bureau of Indian Af-
fairs. 
‘‘(v) AUTHORITY TO PROHIBIT USE OF 
CERTAIN DOCUMENTS.—If the Secretary of 
Homeland Security finds, by regulation, 
that any document described in clause (i), 
(ii), or (iii) as establishing employment au-
thorization or identity does not reliably es-
tablish such authorization or identity or is 
being used fraudulently to an unacceptable 
degree, the Secretary may prohibit or place 
conditions on its use for purposes of this 
paragraph. 
‘‘(vi) SIGNATURE.—Such attestation 
may be manifested by either a handwritten 
or electronic signature. 
‘‘(B) INDIVIDUAL
ATTESTATION
OF
EM-
PLOYMENT
AUTHORIZATION.—During 
the 
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS
United States, on the date of the enact-
ment of the Legal Workforce Act, begin-
ning on the date that is 12 months after 
the date of the enactment of such Act. 
‘‘(iv) With respect to employers hav-
ing 1 or more employees in the United 
States, but less than 20 employees in the 
United States, on the date of the enact-
ment of the Legal Workforce Act, begin-
ning on the date that is 12 months after 
the date of the enactment of such Act. 
‘‘(B) AGRICULTURAL
LABOR
OR
SERV-
ICES.—With respect to an employee performing 
agricultural labor or services, or an employee 
recruited or referred by a farm labor contractor 
(as defined in section 3 of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 
U.S.C. 1801)), subparagraph (A) shall not 
apply with respect to the reverification of the 
employee until the date that is 24 months after 
the date of the enactment of the Legal Work-
force Act. For purposes of the preceding sen-
tence, the term ‘agricultural labor or services’ 
has the meaning given such term by the Sec-
retary of Agriculture in regulations and in-
VerDate Sep 11 2014 
03:24 Apr 28, 2020
Jkt 099200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H6083.IH
H6083
pbinns on DSKJLVW7X2PROD with BILLS