agricultural labor certification shall be 
equal to $100 plus $10 for each job oppor-
tunity for H–2A workers certified, except 
that the fee to an employer for each tem-
porary alien agricultural labor certification 
received shall not exceed $1,000. 
‘‘(ii) 
JOINT
EMPLOYER
ASSOCIA-
TION.—In the case of a joint employer as-
sociation that receives a temporary alien 
agricultural labor certification, each em-
ployer-member receiving such certification 
shall pay a fee equal to $100 plus $10 for 
each job opportunity for H–2A workers 
certified, except that the fee to an em-
ployer for each temporary alien agricul-
tural labor certification received shall not 
exceed $1,000. The joint employer associa-
tion shall not be charged a separate fee. 
‘‘(C) PAYMENTS.—The fees collected under 
this paragraph shall be paid by check or money 
order made payable to the ‘Department of 
Homeland Security’. In the case of employers of 
H–2A workers that are members of a joint em-
ployer association applying on their behalf, the 
aggregate fees for all employers of H–2A work-
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ers under the petition may be paid by one check 
or money order. 
‘‘(h) FAILURES TO MEET CONDITIONS.—If the Sec-
retary of Labor finds, after notice and opportunity for a 
hearing, a failure to meet a condition of subsection (a), 
or a material misrepresentation of fact in a petition under 
subsection (a)— 
‘‘(1) the Secretary of Labor shall notify the 
Secretary of Homeland Security of such finding and 
may, in addition, impose such other administrative 
remedies (including civil money penalties in an 
amount not to exceed $1,000 per violation) as the 
Secretary of Labor determines to be appropriate; 
and 
‘‘(2) the Secretary of Homeland Security may 
disqualify the employer from the employment of H– 
2A workers for a period of 1 year. 
‘‘(i) WILLFUL FAILURES AND WILLFUL MISREPRE-
SENTATIONS.—If the Secretary of Labor finds, after no-
tice and opportunity for a hearing, a willful failure to meet 
a material condition of subsection (a), or a willful mis-
representation of a material fact in application a petition 
under subsection (a)— 
‘‘(1) the Secretary of Labor shall notify the 
Secretary of Homeland Security of such finding and 
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may, in addition, impose such other administrative 
remedies (including civil money penalties in an 
amount not to exceed $5,000 per violation) as the 
Secretary of Labor determines to be appropriate; 
‘‘(2) the Secretary of Homeland Security may 
disqualify the employer from the employment of H– 
2A workers for a period of 2 years; 
‘‘(3) for a second violation, the Secretary of 
Homeland Security may disqualify the employer 
from the employment of H–2A workers for a period 
of 5 years; and 
‘‘(4) for a third violation, the Secretary of 
Homeland Security may permanently disqualify the 
employer from the employment of H–2A workers. 
‘‘(j) DISPLACEMENT
OF UNITED STATES WORK-
ERS.—If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a willful failure to meet a mate-
rial condition of subsection (a) or a willful misrepresenta-
tion of a material fact in a petition under subsection (a), 
in the course of which failure or misrepresentation the em-
ployer displaced a United States worker employed by the 
employer during the period of employment on the employ-
er’s petition under subsection (a) or during the period of 
30 days preceding such period of employment— 
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‘‘(1) the Secretary of Labor shall notify the 
Secretary of Homeland Security of such finding and 
may, in addition, impose such other administrative 
remedies (including civil money penalties in an 
amount not to exceed $15,000 per violation) as the 
Secretary of Labor determines to be appropriate; 
‘‘(2) the Secretary of Homeland Security may 
disqualify the employer from the employment of H– 
2A workers for a period of 5 years; and 
‘‘(3) for a second violation, the Secretary of 
Homeland Security may permanently disqualify the 
employer from the employment of H–2A workers. 
‘‘(k) LIMITATIONS ON CIVIL MONEY PENALTIES.— 
The Secretary of Labor shall not impose total civil money 
penalties with respect to a petition under subsection (a) 
in excess of $90,000. 
‘‘(l) FAILURES TO PAY WAGES OR REQUIRED BENE-
FITS.—If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that the employer has failed to 
pay the wages, or provide the housing allowance, transpor-
tation, subsistence reimbursement, or guarantee of em-
ployment required under subsection (a)(2), the Secretary 
of Labor shall assess payment of back wages, or other re-
quired benefits, due any United States worker or H–2A 
worker employed by the employer in the specific employ-
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ment in question. The back wages or other required bene-
fits under subsection (a)(2) shall be equal to the difference 
between the amount that should have been paid and the 
amount that actually was paid to such worker. 
‘‘(m) MINIMUM BENEFITS, WAGES, AND WORKING 
CONDITIONS.— 
‘‘(1) PREFERENTIAL
TREATMENT
OF
ALIENS 
PROHIBITED.— 
‘‘(A) IN GENERAL.—Employers seeking to 
hire United States workers shall offer the 
United States workers no less than the same 
benefits, wages, and working conditions that the 
employer is offering, intends to offer, or will 
provide to H–2A workers. Conversely, no job 
offer may impose on United States workers any 
restrictions or obligations which will not be im-
posed on the employer’s H–2A workers. 
‘‘(B) INTERPRETATIONS AND DETERMINA-
TIONS.—While benefits, wages, and other terms 
and conditions of employment specified in this 
subsection are required to be provided in con-
nection with employment under this section, 
every interpretation and determination made 
under this Act or under any other law, regula-
tion, or interpretative provision regarding the 
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nature, scope, and timing of the provision of 
these and any other benefits, wages, and other 
terms and conditions of employment, must be 
made in conformance with the governing prin-
ciples that the services of workers to their em-
ployers and the employment opportunities af-
forded to workers by their employers, including 
those employment opportunities that require 
United States workers or H–2A workers to 
travel or relocate in order to accept or perform 
employment, mutually benefit such workers, as 
well as their families, and employers, principally 
benefiting neither, and that employment oppor-
tunities within the United States further benefit 
the United States economy as a whole and 
should be encouraged. 
‘‘(2) REQUIRED WAGES.— 
‘‘(A) An employer applying for workers 
under subsection (a) shall offer to pay, and 
shall pay, all workers in the occupation for 
which the employer has applied for workers, not 
less than the prevailing wage. 
‘‘(B) In complying with subparagraph (A), 
an employer may request and obtain a pre-
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