part of a robust effort to recruit U.S. work-
ers— 
‘‘(i) promote hiring programs for jus-
tice-involved youth by having their main 
trade association or industry sponsored 
foundation participate in the Employment 
and Training Administration, U.S. Depart-
ment of Labor, Pathway Home grant pro-
gram to support expanded services to eligi-
ble, incarcerated individuals in State cor-
rectional facilities or local jails prior- and 
post-release to help eliminate the gap be-
tween release and enrollment into a reentry 
program leading to employment, or a fu-
ture equivalent Federal grant program; 
‘‘(ii) promote nationally recognized 
employee safety and health programs, in-
cluding programs that promote best prac-
tices to lessen the spread of COVID–19; 
‘‘(iii) hire workers under the Work 
Opportunity Tax Credit with the priority 
consideration applicable only for those oc-
cupations that fall within the top five 
Standard Occupational Classifications as 
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measured by total number of certifications 
by occupation; or 
‘‘(iv) participate in industry appren-
ticeship, training, or certification pro-
grams. 
‘‘(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 
under 
subsection 
(e)(2)(B)(i)(I) 
or 
(f)(3)(B)(iii); 
‘‘(B) terminate such employment at any 
time, for any reason; 
‘‘(C) in the case of an initial H–2C worker, 
after one year of employment with the initial 
H–2C registered employer, seek and accept em-
ployment with another registered employer in 
any other registered position within the terms 
and conditions of the H–2C nonimmigrant visa; 
and 
‘‘(D) in the case of an H–2C worker who 
is no longer an initial H–2C worker, or who has 
completed one year with their initial H–2C reg-
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istered employer, seek and accept employment 
with another registered employer in any other 
registered position within the terms and condi-
tions 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; 
‘‘(C) in the case of an initial H–2C worker 
brought into the United States by the employer 
to fill a registered position, the employer may 
after the one-year anniversary date of that 
worker’s employment term, seek and hire an-
other H–2C nonimmigrant to replace the initial 
H–2C worker in accordance with subsection 
(e)(4); and 
‘‘(D) in the case of H–2C workers who are 
not initial H–2C workers, seek and hire another 
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H–2C nonimmigrant in accordance with sub-
section (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. 
‘‘(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 
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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 Essential Workers for 
Economic Advancement Act, the Director of the Bu-
reau of the Census shall submit to Congress a report 
on 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-
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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 
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 
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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 
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. 
‘‘(G) The impact on local tax revenues re-
ceived from industries employing H–2C work-
ers, by industry. 
‘‘(l) H–2C NONIMMIGRANT PROTECTIONS.— 
‘‘(1) WAIVER OF RIGHTS PROHIBITED.— 
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‘‘(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 
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. 
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‘‘(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, 
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. 
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‘‘(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 
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, 
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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. 
‘‘(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 
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‘‘(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-
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. 
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‘‘(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-
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 
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$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 
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 
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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. 
‘‘(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. 
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‘‘(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 
‘‘(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 
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‘‘(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-
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 Essential Workers for Eco-
nomic Advancement Act, the Secretary shall, by rule, pro-
vide for a means by which any renewal, attestation, or ap-
plication filed pursuant to this section may be made elec-
tronically.’’. 
(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.’’. 
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(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-
ment by a registered employer as defined in section 
219A;’’. 
Æ 
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