I 
117TH CONGRESS 
2D SESSION 
H. R. 7239 
To amend the Immigration and Nationality Act to provide for an H–2C 
nonimmigrant classification, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 28, 2022 
Mr. SMUCKER introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Ways and 
Means, and Oversight and Reform, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to provide 
for an H–2C nonimmigrant classification, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Essential Workers for 
Economic Advancement Act’’. 
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SEC. 2. NONIMMIGRANT CLASSIFICATION FOR H–2C NON-
IMMIGRANTS. 
Section 101(a)(15)(H)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)) is amended 
by inserting ‘‘(c) who is coming temporarily to the United 
States to perform services or labor for a registered non- 
agricultural employer in a registered position (as those 
terms are defined in section 219A(a)) in accordance with 
the requirements under section 219A; or’’ before ‘‘(iii) 
have a residence’’. 
SEC. 3. ADMISSION OF H–2C NONIMMIGRANT WORKERS. 
(a) ADMISSION
OF H–2C NONIMMIGRANT WORK-
ERS.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 219A. ADMISSION OF H–2C NONIMMIGRANT WORK-
ERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DEPARTMENT.—Except as otherwise spe-
cifically provided, the term ‘Department’ means the 
Department of Homeland Security. 
‘‘(2) ELIGIBLE OCCUPATION.—The term ‘eligi-
ble occupation’ means an eligible occupation de-
scribed in subsection (e)(3). 
‘‘(3) EMPLOYER.— 
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‘‘(A) IN GENERAL.—The term ‘employer’ 
means any person or operational unit of a for- 
profit or nonprofit entity that is operating inde-
pendently in a county or metropolitan statistical 
area and who hires an individual for employ-
ment in the United States. 
‘‘(B) 
TREATMENT
OF
SINGLE
EM-
PLOYER.—For purposes of determining the 
number of employees or United States workers 
employed by an employer, a single entity shall 
be treated as 1 employer. 
‘‘(4) ENDURING JOB OPENING.—The term ‘en-
during job opening’ refers to a job opening that— 
‘‘(A) remains unfilled on the first day of 
the month for 3 consecutive months; or 
‘‘(B) is unfilled for more than 60 days in 
a period of 90 consecutive days. 
‘‘(5) FULL EMPLOYMENT AREA.—The term ‘full 
employment area’ refers to any county or metropoli-
tan statistical area where the unemployment rate 
during the fiscal quarter during which an application 
is submitted by an employer is equal or less than 7.9 
percent. 
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