110 
the purpose of investigations to determine compli-
ance with H–2A requirements. 
‘‘(f) ROLES OF AGRICULTURAL ASSOCIATIONS.— 
‘‘(1) PERMITTING
FILING
BY
AGRICULTURAL 
ASSOCIATIONS.—A petition to hire an alien as a 
temporary agricultural worker may be filed by an as-
sociation of agricultural employers which use agri-
cultural services. 
‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association is a joint or sole em-
ployer of temporary agricultural workers, such work-
ers may be transferred among its members to per-
form agricultural services of a temporary nature for 
which the petition was approved. 
‘‘(3) TREATMENT OF VIOLATIONS.— 
‘‘(A) INDIVIDUAL
MEMBER.—If an indi-
vidual member of a joint employer association 
violates any condition for approval with respect 
to the member’s petition, the Secretary of 
Homeland Security shall deny such petition 
only with respect to that member of the associa-
tion unless the Secretary of Labor determines 
that the association or other member partici-
pated in, had knowledge of, or had reason to 
know of the violation. 
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‘‘(B) ASSOCIATION OF AGRICULTURAL EM-
PLOYERS.— 
‘‘(i) JOINT EMPLOYER.—If an associa-
tion representing agricultural employers as 
a joint employer violates any condition for 
approval with respect to the association’s 
petition, the Secretary of Homeland Secu-
rity shall deny such petition only with re-
spect to the association and may not apply 
the denial to any individual member of the 
association, unless the Secretary of Labor 
determines that the member participated 
in, had knowledge of, or had reason to 
know of the violation. 
‘‘(ii) SOLE EMPLOYER.—If an associa-
tion of agricultural employers approved as 
a sole employer violates any condition for 
approval with respect to the association’s 
petition, no individual member of such as-
sociation may be the beneficiary of the 
services of temporary alien agricultural 
workers admitted under this section in the 
occupation in which such aliens were em-
ployed by the association which was denied 
approval during the period such denial is 
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in force, unless such member employs such 
aliens in the occupation in question di-
rectly or through an association which is a 
joint employer of such workers with the 
member. 
‘‘(g) EXPEDITED ADMINISTRATIVE APPEALS.—The 
Secretary of Homeland Security shall promulgate regula-
tions to provide for an expedited procedure— 
‘‘(1) for the review of a denial of a petition 
under this section by the Secretary; or 
‘‘(2) at the petitioner’s request, for a de novo 
administrative hearing respecting the denial. 
‘‘(h) MISCELLANEOUS PROVISIONS.— 
‘‘(1) ENDORSEMENT
OF
DOCUMENTS.—The 
Secretary of Homeland Security shall provide for the 
endorsement of entry and exit documents of H–2A 
workers as may be necessary to carry out this sec-
tion and to provide notice for purposes of section 
274A. 
‘‘(2) PREEMPTION OF STATE LAWS.—The pro-
visions of subsections (a) and (c) of section 214 and 
the provisions of this section preempt any State or 
local law regulating admissibility of nonimmigrant 
workers. 
‘‘(3) FEES.— 
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