453 
(2) of section 3 of the Migrant and Seasonal 
Worker Protection Act (29 U.S.C. 1802), in-
cluding an agricultural cooperative, except that 
for purposes of this subparagraph, the limita-
tions described in paragraphs (8)(B)(ii) and 
(10)(B)(iii) shall not apply), 
except that in regard to labor or services consisting 
of meat or poultry processing, the term ‘agricultural 
labor or services’ only includes the killing of animals 
and the breakdown of their carcasses.’’. 
(b) CONFORMING AMENDMENTS.—The Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended— 
(1) in section 101(a)(15)(H), by striking ‘‘, as 
defined by the Secretary of Labor in regulations and 
including agricultural labor defined in section 
3121(g) of the Internal Revenue Code of 1986, agri-
culture as defined in section 3(f) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(f)), and the 
pressing of apples for cider on a farm, of a tem-
porary or seasonal nature’’; and 
(2) in section 218(d)(2), by striking ‘‘of a tem-
porary or seasonal nature’’. 
SEC. 42103. H–2A PROGRAM REQUIREMENTS. 
Section 218 of the Immigration and Nationality Act 
(8 U.S.C. 1188) is amended— 
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(1) in subsection (c), by striking paragraph (4); 
(2) by redesignating subsection (i) as subsection 
(p); 
(3) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) WAGE REQUIREMENTS.—Each employer under 
this section will offer the worker, during the period of au-
thorized employment, wages that are at least the greatest 
of— 
‘‘(1) 125 percent of the Federal minimum 
wage; or 
‘‘(2) the applicable State or local minimum 
wage. 
‘‘(j) HOUSING
REQUIREMENTS.—Employers shall 
furnish housing in accordance with regulations established 
by the Secretary of Labor. Such regulations shall be con-
sistent with the following: 
‘‘(1) IN GENERAL.—The employer shall provide 
housing meeting applicable State, Federal, and local 
standards, or secure housing which meets the local 
standards for rental and/or public accommodations 
or other substantially similar class of habitation. 
‘‘(2) FAMILY
HOUSING.—The employer shall 
provide family housing to workers with families who 
request it when it is the prevailing practice in the 
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455 
area and occupation of intended employment to pro-
vide family housing. 
‘‘(3) UNITED
STATES
WORKERS.—Notwith-
standing paragraphs (1) and (2), an employer is not 
required to provide housing to United States work-
ers who are reasonably able to return to their resi-
dence within the same day. 
‘‘(4) TIMING OF INSPECTION.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Labor or designee shall make a determination 
as to whether the housing furnished by an em-
ployer for a worker meets the requirements im-
posed by this subsection prior to the date on 
which the Secretary of Labor is required to 
make a certification with respect to a petition 
for the admission of such worker. 
‘‘(B) TIMELY INSPECTION.—The Secretary 
of Labor shall provide a process for— 
‘‘(i) an employer to request inspection 
of housing up to 60 days before the date 
on which the employer will file a petition 
under this section; and 
‘‘(ii) biennial inspection of housing for 
workers who are engaged in agricultural 
employment. 
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456 
‘‘(k) TRANSPORTATION REQUIREMENTS.— 
‘‘(1) TRAVEL TO PLACE OF EMPLOYMENT.—A 
worker who completes 50 percent of the period of 
employment specified in the job order shall be reim-
bursed by the employer for the cost of the worker’s 
transportation and subsistence from the place from 
which the worker came to work for the employer (or 
place of last employment, if the worker traveled 
from such place) to the place of employment. 
‘‘(2) TRAVEL FROM PLACE OF EMPLOYMENT.— 
For a worker who completes the period of employ-
ment specified in the job order or who is terminated 
without cause, the employer shall provide or pay for 
the worker’s transportation and subsistence from the 
place of employment to the place from which the 
worker, disregarding intervening employment, came 
to work for the employer, or to the place of next em-
ployment, if the worker has contracted with a subse-
quent employer who has not agreed to provide or 
pay for the worker’s transportation and subsistence 
to such subsequent employer’s place of employment. 
‘‘(3) LIMITATION.— 
‘‘(A) AMOUNT OF REIMBURSEMENT.—Ex-
cept as provided in subparagraph (B), the 
amount of reimbursement provided under para-
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457 
graph (1) or (2) to a worker 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. 
‘‘(B) DISTANCE TRAVELED.—For travel to 
or from the worker’s home country, if the travel 
distance between the worker’s home and the rel-
evant consulate is 50 miles or less, reimburse-
ment for transportation and subsistence may be 
based on transportation to or from the con-
sulate. 
‘‘(l) ELIGIBILITY FOR H–2A STATUS AND ADMISSION 
TO THE UNITED STATES.— 
‘‘(1) VISA VALIDITY.—A visa issued to an H– 
2A worker shall be valid for 3 years and shall allow 
for multiple entries during the approved period of 
admission. 
‘‘(2) PERIOD
OF
AUTHORIZED
STAY; ADMIS-
SION.— 
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458 
‘‘(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), 
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 
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459 
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)). 
‘‘(3) 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-
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 
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460 
expiration of the H–2A worker’s period of 
admission as defined in paragraph (2)(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), 
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 
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461 
status or the Secretary of State issues a final 
decision on the alien’s application for an immi-
grant visa. 
‘‘(m) H–2A PETITION PROCEDURES.— 
‘‘(1) IN GENERAL.—The employer shall submit 
information required for the adjudication of the H– 
2A petition, including a job order, through the elec-
tronic platform no more than 75 calendar days and 
no fewer than 60 calendar days before the employ-
er’s first date of need specified in the petition. 
‘‘(2) FILING
BY
AGRICULTURAL
ASSOCIA-
TIONS.—An association of agricultural producers 
that use agricultural services may file an H–2A peti-
tion under paragraph (1). If an association is a joint 
or sole employer of workers who perform agricul-
tural labor or services, H–2A workers may be used 
for the approved job opportunities of any of the as-
sociation’s producer members and such workers may 
be transferred among its producer members to per-
form the agricultural labor or services for which the 
petition was approved. 
‘‘(3) 
PETITIONS
INVOLVING
STAGGERED 
ENTRY.—An employer may file a petition involving 
employment in the same occupational classification 
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462 
and same area of intended employment with multiple 
start dates if— 
‘‘(A) the petition involves no more than 10 
start dates; 
‘‘(B) the multiple start dates share a com-
mon end date; 
‘‘(C) no more than 120 days separate the 
first start date and the final start date listed in 
the petition; and 
‘‘(D) the need for multiple start dates 
arises from variations in labor needs associated 
with the job opportunity identified in the peti-
tion. 
‘‘(4) POST-CERTIFICATION AMENDMENTS.—The 
Secretary of Labor shall provide a process for 
amending a request for labor certification in con-
junction with an H–2A petition, subsequent to cer-
tification by the Secretary of Labor, in cases in 
which the requested amendment does not materially 
change the petition (including the job order). 
‘‘(n) SPECIAL PROCEDURES.— 
‘‘(1) IN GENERAL.—The Secretary of Labor, in 
consultation with the Secretary of Agriculture and 
the Secretary of Homeland Security, may by regula-
tion establish alternate procedures that reasonably 
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463 
modify program requirements under this section, in-
cluding for special procedures industries, when the 
Secretary determines that such modifications are re-
quired due to the unique nature of the work in-
volved. 
‘‘(2) ALLERGY LIMITATION.—An employer en-
gaged in the commercial beekeeping or pollination 
services industry may require that an applicant be 
free from bee pollen, venom, or other bee-related al-
lergies. 
‘‘(3) SPECIAL PROCEDURES INDUSTRIES.— 
‘‘(A) APPLICATION.—An individual em-
ployer in a special procedures industry may file 
a program petition on its own behalf or in con-
junction with an association of employers. The 
employer’s petition may be part of several re-
lated petitions submitted simultaneously that 
constitute a master petition. 
‘‘(B) SPECIAL PROCEDURES INDUSTRY DE-
FINED.—In this subsection, the term ‘special 
procedures industry’ means— 
‘‘(i) sheepherding and goat herding; 
‘‘(ii) itinerant commercial beekeeping 
and pollination; 
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