113 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may require, as a condition 
of approving the petition, the payment of a fee, 
in accordance with subparagraph (B), to re-
cover the reasonable cost of processing peti-
tions. 
‘‘(B) FEE BY TYPE OF EMPLOYEE.— 
‘‘(i) SINGLE
EMPLOYER.—An em-
ployer whose petition for temporary alien 
agricultural workers is approved shall, for 
each approved petition, pay a fee that— 
‘‘(I) subject to subclause (II), is 
equal to $100 plus $10 for each ap-
proved H–2A worker; and 
‘‘(II) does not exceed $1,000. 
‘‘(ii) ASSOCIATION.—Each employer- 
member of a joint employer association 
whose petition for H–2A workers is ap-
proved shall, for each such approved peti-
tion, pay a fee that— 
‘‘(I) subject to subclause (II), is 
equal to $100 plus $10 for each ap-
proved H–2A worker; and 
‘‘(II) does not exceed $1,000. 
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114 
‘‘(iii) LIMITATION
ON
ASSOCIATION 
FEES.—A joint employer association under 
clause (ii) shall not be charged a separate 
fee. 
‘‘(C) METHOD
OF
PAYMENT.—The fees 
collected under this paragraph shall be paid by 
check or money order to the Department of 
Homeland Security. In the case of employers of 
H–2A workers that are members of a joint em-
ployer association petitioning applying on their 
behalf, the aggregate fees for all employers of 
H–2A workers under the petition may be paid 
by 1 check or money order. 
‘‘(4) EMPLOYMENT VERIFICATION PROGRAM.— 
‘‘(A) IN
GENERAL.—Not later than 12 
months after the date of enactment of this 
paragraph, the Secretary of Homeland Security 
shall 
establish 
a 
mandatory 
employment 
verification program for all employers of H–2A 
workers to verify the eligibility of all individuals 
hired by each such employer, including those 
who present an H–2A visa to work in the 
United States. 
‘‘(B) EMPLOYER COMPLIANCE.—Each em-
ployer of an H–2A worker shall comply with the 
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requirements promulgated by the Secretary of 
Homeland Security to verify the identity and 
employment eligibility of all individuals hired. 
‘‘(C) REGULATIONS.—In carrying out the 
program under this paragraph, the Secretary of 
Homeland Security shall promulgate regulations 
to require each employer to verify the employ-
ment 
eligibility 
of 
each 
employee 
hired 
through— 
‘‘(i) a secure Internet site; 
‘‘(ii) a machine capable of reading the 
H–2A visa, which shall serve as the identi-
fication and employment eligibility docu-
ment for each H–2A alien; or 
‘‘(iii) a toll-free telephone number to 
check the accuracy of any social security 
number presented to the employer. 
‘‘(i) ENFORCEMENT.— 
‘‘(1) INVESTIGATIONS AND AUDITS.—The Sec-
retary of Labor shall be responsible for conducting 
investigations and random audits of employer work 
sites to ensure compliance with the requirements of 
the H–2A program and all other requirements under 
this Act. All monetary fines levied against violating 
employers shall be paid to the Department of Labor 
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and used to enhance the Department of Labor’s in-
vestigatory and auditing power. 
‘‘(2) FAILURE TO MEET CONDITIONS.—If the 
Secretary of Labor finds, after notice and oppor-
tunity for a hearing, a failure to meet a condition 
of subsection (a), or a material misrepresentation of 
fact in a petition under subsection (a)— 
‘‘(A) the Secretary of Labor— 
‘‘(i) shall notify the Secretary of 
Homeland Security of such finding; and 
‘‘(ii) may, in addition, impose such 
other administrative remedies (including 
civil money penalties in an amount not to 
exceed $1,000 per violation) as the Sec-
retary of Labor determines to be appro-
priate; and 
‘‘(B) the Secretary of Homeland Security 
may disqualify the employer from the employ-
ment of H–2A workers for a period of 1 year. 
‘‘(3) PENALTIES
FOR
WILLFUL
FAILURE.—If 
the Secretary of Labor finds, after notice and oppor-
tunity for a hearing, a willful failure to meet a mate-
rial condition of subsection (a), or a willful misrepre-
sentation of a material fact in a petition under sub-
section (a)— 
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