tural worker during the three-year period beginning 
on the most recent date (if any) on which the alien 
violated a material term or condition of a previous 
admission as a nonimmigrant agricultural worker. 
‘‘(2) DISQUALIFICATION
FOR
COMMISSION
OF 
CRIME.—An alien who commits a crime while in the 
United States as a nonimmigrant agricultural work-
er shall be ineligible to retain such status and shall 
be required to depart from the United States. 
‘‘(3) 
CONTINUOUS
EMPLOYMENT.—Non-
immigrant agricultural workers admitted under this 
program shall be continuously employed or actively 
seeking employment in agricultural employment 
throughout the term of their admission. 
‘‘(4) DIRECTION OF NONIMMIGRANT AGRICUL-
TURAL
WORKERS
TO
EMPLOYMENT
OPPORTUNI-
TIES.—The Secretary of State and Secretary of Ag-
riculture, in consultation with the Secretary of 
Labor, shall establish a system for providing infor-
mation on available agricultural employment oppor-
tunities to individuals whose applications for non-
immigrant agricultural visas have been approved if 
those individuals are not named by an employer or 
do not have a letter of employment opportunity pro-
vided by a person enrolled in the program. 
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‘‘(j) APPLICABILITY OF EMPLOYMENT LAWS.—All 
Federal, State, and local employment related laws applica-
ble to United States agricultural workers shall apply to 
nonimmigrant agricultural workers admitted pursuant to 
this program. 
‘‘(k) BIOMETRIC IDENTIFICATION CARD.—The Sec-
retary of Homeland Security shall provide each non-
immigrant agricultural worker with an identification card 
that contains— 
‘‘(1) an encrypted, machine-readable, electronic 
identification strip that is unique to the alien to 
whom the card is issued; 
‘‘(2) biometric identifiers, including fingerprints 
and a digital photograph; and 
‘‘(3) physical security features designed to pre-
vent tampering, counterfeiting, or duplication of the 
card for fraudulent purposes. 
‘‘(l) TRUST FUND.— 
‘‘(1) ESTABLISHMENT.—The Secretary of Agri-
culture shall establish by regulation a trust fund the 
purpose of which is to provide, without further ap-
propriation, funds for the administration and the en-
forcement of the program under this section, for the 
cost of the cards issued under subsection (k), for a 
monetary incentive for nonimmigrant agricultural 
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workers to return to their country of origin upon ex-
piration of their visas under the program, and for 
payment with respect to emergency medical services 
furnished to nonimmigrant agricultural workers. The 
Secretary of Agriculture in consultation with the 
Secretary of the Treasury shall promulgate such 
other regulations as may be necessary to carry out 
this subsection. 
‘‘(2) PAYMENT OF FICA AND FUTA AMOUNTS 
INTO TRUST FUND.—In the case of employment of 
a nonimmigrant agricultural worker— 
‘‘(A) the employer shall provide for pay-
ment into the trust fund established under 
paragraph (1) of the sum of— 
‘‘(i) an amount equivalent to the 
amount of excise taxes which the employer 
would pay under the chapter 21 of the In-
ternal Revenue Code of 1986 with respect 
to such employment if it were considered 
employment for the purpose of such Act; 
and 
‘‘(ii) an amount equivalent to (and in 
lieu of) the amount of excise taxes which 
the employer would otherwise pay under 
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chapter 23 of such Code with respect to 
such employment; and 
‘‘(B) there shall be deducted from the 
wages of the worker and paid into such trust 
fund an amount equivalent to the amount of ex-
cise taxes that the employee would pay under 
such chapter 21 with respect to such employ-
ment if it were considered employment for the 
purposes of such Act. 
‘‘(3) EXPENDITURES FROM TRUST FUND.— 
‘‘(A) USE OF EMPLOYER CONTRIBUTIONS 
FOR ADMINISTRATION.—Amounts described in 
paragraph (2)(A) paid into the trust fund shall 
be used for the purpose of administering and 
enforcing the program under this section and 
for the cost of the cards issued under sub-
section (k). 
‘‘(B) USE OF EMPLOYEE CONTRIBUTIONS 
FOR
REPAYMENT
OF
EMPLOYEE
CONTRIBU-
TIONS
UPON
RETURN
TO
COUNTRY
OF
ORI-
GIN.—Except as provided in subparagraph (C), 
amounts described in paragraph (2)(B) paid 
into the trust fund with respect to a non-
immigrant agricultural worker shall, upon ap-
plication by the worker at the United States 
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consulate nearest the worker’s residence in the 
country of origin, be paid to the worker if the 
worker demonstrates the compliance of the 
worker with the terms and conditions of the 
program. 
‘‘(C) USE OF EMPLOYEE CONTRIBUTIONS 
ATTRIBUTABLE TO HI TAXES FOR EMERGENCY 
MEDICAL SERVICES FOR NONIMMIGRANT AGRI-
CULTURAL WORKERS.— 
‘‘(i) 
IN
GENERAL.—Amounts 
de-
scribed in paragraph (2)(B) paid into the 
trust fund which relate to excise tax in sec-
tion 3101(b) of the Internal Revenue Code 
of 1986 shall be used to provide payment 
with respect to emergency medical services 
(as defined in clause (iii)) for non-
immigrant agricultural workers. 
‘‘(ii) 
ADMINISTRATION.—The 
Sec-
retary of Agriculture shall establish rules, 
in consultation with the Secretary of 
Health and Human Services, with respect 
to the payments under this subparagraph, 
including methods for determining quali-
fications for payment and the amount of 
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