‘‘(C) INTERACTION
WITH
REGISTRY.— 
Such system shall interact with the registry re-
ferred to in subsection (e)(1)(E) to ensure that 
the Secretary designates and updates approved 
registered positions as being filled or unfilled. 
‘‘(D) EMPLOYER.—The employer shall no-
tify such system after offering employment to 
an H–2C nonimmigrant. 
‘‘(E) 
ACCESS
FOR
SECRETARY
OF 
STATE.—The Secretary of State shall have ac-
cess to such system to verify an alien’s offer of 
employment with a registered employer prior to 
admission as an H–2C nonimmigrant. 
‘‘(2) MANDATORY
E-VERIFY
USE.—No reg-
istered employer may employ an H–2C non-
immigrant without participating in the E-Verify 
Program described in section 403(a) of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note) or an employ-
ment eligibility verification system patterned on such 
Program’s verification system. Any such system— 
‘‘(A) shall respond to inquiries made by 
registered employers by providing an employee’s 
employment eligibility; and 
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‘‘(B) shall not be used, subject to a civil 
monetary penalty determined by the Secretary 
by rule— 
‘‘(i) by any department, bureau, or 
other agency of the United States Govern-
ment, any other public or private entity, or 
any individual to monitor the movement of 
United States workers; or 
‘‘(ii) for inquiries related to a United 
States worker other than— 
‘‘(I) to provide such worker’s eli-
gibility for employment in the United 
States; or 
‘‘(II) to ensure secure, appro-
priate, and nondiscriminatory use of 
such system, notwithstanding any 
other provision of law. 
‘‘(p) REQUIREMENT TO COMPLY WITH BIOMETRIC 
ENTRY
AND EXIT SYSTEM.—Any alien entering the 
United States or present in the United States on a visa 
issued under section 101(a)(15)(H)(ii)(c) shall comply 
with the requirements of the entry and exit data system 
required by section 7208 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), in-
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cluding the biometric identification requirements, after 
such requirements are implemented. 
‘‘(q) RULEMAKING.—Not later than 1 year after the 
date of the enactment of the Workforce for an Expanding 
Economy Act, the Secretary shall, by rule, provide for a 
means by which any renewal, attestation, or application 
filed pursuant to this section may be made electronically.’’. 
(2) TABLE OF CONTENTS AMENDMENT.—The 
table of contents in the first section of the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by adding after the item relating to section 
219 the following: 
‘‘Sec. 219A. Admission of H–2C nonimmigrant workers.’’. 
(b) INTENTION
TO
ABANDON
FOREIGN
RESI-
DENCE.—Section 214(h) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(h)) is amended by inserting 
‘‘(H)(ii)(d),’’ after ‘‘(H)(i)(b) or (c),’’. 
(c) 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 the Secretary of 
State shall not issue a visa under clause (ii)(d) to a spouse 
or child seeking to enter into the United States under such 
clause unless such spouse has received an offer of employ-
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ment by a registered employer as defined in section 
219A;’’. 
Æ 
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