and who will be available at the time and place of 
need. 
‘‘(5) PROVISION OF INSURANCE.—If the job for 
which the nonimmigrant is, or the nonimmigrants 
are, sought is not covered by State workers’ com-
pensation law, the employer will provide, at no cost 
to the worker, insurance covering injury and disease 
arising out of, and in the course of, the worker’s em-
ployment which will provide benefits at least equal to 
those provided under the State workers’ compensa-
tion law for comparable employment. 
‘‘(6) REQUIREMENTS FOR PLACEMENT OF H–2A 
WORKERS
WITH
OTHER
EMPLOYERS.—A 
non-
immigrant who is admitted into the United States as 
an H–2A worker may be transferred to another em-
ployer that has certified to the Secretary of Home-
land Security that it has filed an application under 
this subsection and is in compliance with this sec-
tion. The Secretary of Homeland Security shall es-
tablish a process for the approval and reissuance of 
visas for such transferred H–2A workers as nec-
essary 
‘‘(7) STRIKE
OR
LOCKOUT.—There is not a 
strike or lockout in the course of a labor dispute 
which, under regulations promulgated by the Sec-
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H3857
retary of Labor, precludes the provision of the cer-
tification described in section 101(a)(15)(H)(ii)(a). 
‘‘(8) PREVIOUS
VIOLATIONS.—The employer 
has not, during the previous two-year period, em-
ployed H–2A workers and substantially violated a 
material term or condition of approval with respect 
to the employment of domestic or nonimmigrant 
workers, as determined by the Secretary of Labor 
after notice and opportunity for a hearing. 
‘‘(b) PUBLICATION.—The employer shall make avail-
able for public examination, within one working day after 
the date on which a petition under this section is filed, 
at the employer’s principal place of business or worksite, 
a copy of each such petition (and such accompanying doc-
uments as are necessary). 
‘‘(c) LIST.—The Secretary of Homeland Security 
shall compile, on a current basis, a list (by employer) of 
the petitions filed under subsection (a). Such list shall in-
clude the wage rate, number of aliens sought, period of 
intended employment, and date of need. The Secretary of 
Homeland Security shall make such list available for pub-
lic examination in Washington, D.C. 
‘‘(d) SPECIAL RULES FOR CONSIDERATION OF PETI-
TIONS.—The following rules shall apply in the case of the 
filing and consideration of a petition under subsection (a): 
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‘‘(1) DEADLINE FOR FILING APPLICATIONS.— 
The Secretary of Homeland Security may not re-
quire that the petition be filed more than 28 days 
before the first date the employer requires the labor 
or services of the H–2A worker or workers. 
‘‘(2) ISSUANCE OF APPROVAL.—Unless the Sec-
retary of Homeland Security finds that the petition 
is incomplete or obviously inaccurate, the Secretary 
of Homeland Security shall provide a decision within 
7 days of the date of the filing of the petition. 
‘‘(e) ROLES OF AGRICULTURAL ASSOCIATIONS.— 
‘‘(1) PERMITTING
FILING
BY
AGRICULTURAL 
ASSOCIATIONS.—A petition to hire an alien as a 
temporary agricultural worker may be filed by an as-
sociation of agricultural producers which use agricul-
tural services. 
‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association is a joint or sole em-
ployer of temporary agricultural workers, such work-
ers may be transferred among its producer members 
to perform agricultural services of a temporary or 
seasonal nature for which the petition was approved. 
‘‘(3) TREATMENT OF VIOLATIONS.— 
‘‘(A) MEMBER’S
VIOLATION
DOES
NOT 
NECESSARILY
DISQUALIFY
ASSOCIATION
OR 
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