(1) a petition under section 2314(b) of this title for an alien to be
employed as a temporary agricultural worker; and
(2) an application for a certification under section 2502 of this title.
(b) ASSOCIATIONS ACTING AS EMPLOYERS.—If an association referred to
in subsection (a) of this section is the joint or sole employer of a temporary
agricultural worker, a certification issued under section 2502 of this title
to the association may be used for the certified job opportunities of any of
the members of the association. The worker may be transferred among the
members to perform agricultural services of a temporary or seasonal nature
for which the certification was issued.
(c) EFFECT OF VIOLATIONS.—(1) If a member of an association that is
a joint employer of a temporary agricultural worker is found to have com-
mitted a violation that results in the Secretary of Labor deciding not to ap-
prove a certification of the member because the condition under section
2504(7) of this title has not been met, the decision applies only to that
member unless the Secretary decides that the association or another mem-
ber participated in, or knew or had reason to know of, the violation.
(2) If an association that is a joint employer is found to have committed
a violation that results in the Secretary deciding not to approve a certifi-
cation of the association because the condition under section 2504(7) of this
title has not been met, the decision applies only to the association unless
the Secretary decides that a member participated in, or knew or had reason
to know of, the violation.
(3) If an association, certified as the sole employer of a temporary agri-
cultural worker, is found to have committed a violation that results in the
Secretary deciding not to approve a certification of the association because
the condition under section 2504(7) of this title has not been met, a mem-
ber of the association, during the period the decision is in effect, may not
be the beneficiary of the services of temporary agricultural workers in the
commodity and occupation in which the worker was employed by the asso-
ciation whose certification was not approved, unless the member employs the
workers in the commodity and occupation directly or through an association
that is a joint employer of the workers with the member.
§ 2506. Housing
(a) REQUIREMENT.—An employer shall provide housing for temporary
agricultural workers as provided by regulations prescribed by the Secretary
of Labor.
(b) REGULATIONS.—(1) Regulations prescribed under this section shall
allow the employer, at the employer’s option, to provide housing meeting ap-
plicable standards of the United States Government for temporary labor
camps or to secure housing that meets applicable local standards for rental
or public accommodations or other substantially similar class of habitation.
In the absence of applicable local standards, State standards for those ac-
commodations or that class of habitation shall apply. In the absence of ap-
plicable local and State standards, standards of the Government for tem-
porary labor camps shall apply.
(2) The regulations shall include specific requirements about housing for
employees principally engaged in the range production of livestock.
(3) When the prevailing practice in the area and occupation of intended
employment is to provide family housing, the employer shall provide family
housing to workers with families requesting it.
(c) EXCEPTION.—This section does not require an employer to provide
housing for workers not entitled to it under the temporary labor certifi-
cation regulations in effect on June 1, 1986.
§ 2507. Expedited administrative review
(a) PROCEDURE FOR EXPEDITED REVIEW.—Regulations prescribed by
the Secretary of Labor under this chapter shall provide for an expedited
procedure for a review of a decision of the Secretary not to approve or to
revoke a certification or, at the applicant’s request, a new hearing on the
decision.
(b) DECISIONS ON AVAILABILITY OF UNITED STATES WORKERS.—(1)
The Secretary shall make a new decision about an application for certifi-
cation under section 2502 of this title expeditiously, but not later than 72
hours after the time the new decision is requested, if the certification origi-
nally was not approved in any part because of the availability of able, will-
ing, and qualified United States workers and they are not available at the
time the labor or services are needed.
(2) An employer asserting that a United States worker referred to the
employer is not able, willing, or qualified has the burden of proving that
the worker is not able, willing, or qualified because of employment-related
reasons.
§ 2508. Disqualification of aliens for violating conditions of
prior admission
An alien may not be admitted to the United States as a temporary agri-
cultural worker if, during the prior 5 years, the alien was admitted as a
temporary agricultural worker and violated a term of that admission.
§ 2509. Enforcement authority of the Secretary of Labor
The Secretary of Labor may take actions necessary to ensure that em-
ployers comply with the terms of employment under this chapter, includ-
ing—
(1) imposing appropriate penalties; and
(2) seeking appropriate equitable relief, including specific perform-
ance of contractual obligations.
§ 2510. Endorsement of entry and exit documentation
The Attorney General shall provide for the endorsement of entry and exit
documentation of temporary agricultural workers necessary to carry out this
chapter and to provide notice under chapter 111 of this title.
§ 2511. Preemption of State and local law
This chapter and sections 2101 and 2314 of this title preempt State and
local law regulating the admissibility of nonimmigrant workers.
§ 2512. Biennial reports
(a) REPORTING REQUIREMENT.—Not later than November 6 of each
even-numbered year, the President shall submit a report on the temporary
agricultural worker program under this chapter to the Committees on the
Judiciary of the Senate and the House of Representatives. The report shall
include—
(1) the number of temporary agricultural workers permitted to be
employed under the program in each year;
(2) the compliance of employers and temporary agricultural workers
with the terms of the program;
(3) the impact of the program on the labor needs of United States
agricultural employers and on the wages and working conditions of
United States agricultural workers; and
(4) recommendations for changing the program, including—
(A) improving the timeliness of decisions about the admission
of temporary agricultural workers under the program;
(B) removing any economic disincentive to hiring United States
workers for jobs for which temporary agricultural workers have
been requested;
(C) improving cooperation among government agencies, employ-
ers, employer associations, workers, unions, and other worker as-
sociations to end the dependence of any industry on a constant
supply of temporary agricultural workers; and
(D) the relative benefits to United States workers and burdens
on employers of the policy of requiring employers, as a condition
for certification under the program, to continue to accept qualified
United States workers for employment after the date the tem-
porary agricultural workers depart for work with the employer.
(b) RECOMMENDATIONS CONSISTENT WITH POLICY.—The recommenda-
tions under subsection (a)(4)(D) of this section shall be made in furtherance
of the policy that aliens be admitted as temporary agricultural workers only
if the conditions specified by section 2502(a) of this title are satisfied.
§ 2513. Approval of regulations
In consultation with the Secretaries of Labor and Agriculture, the Attor-
ney General shall approve all regulations prescribed under this chapter and
section 2314 of this title.
§ 2514. Authorization of appropriations
(a) GENERAL AUTHORIZATIONS.—Necessary amounts may be appro-
priated each fiscal year to—
(1) the Secretary of Labor to make findings and issue certifications
under this chapter and section 4104(g)(2) of this title; and
(2) the Secretary of Agriculture to carry out the Secretary’s duties
and powers under section 2314 of this title related to this chapter.
(b) SPECIFIC AUTHORIZATIONS.—Not more than $10,000,000 may be ap-
propriated each fiscal year—
(1) to recruit United States workers for temporary labor and services
that otherwise might be performed by temporary agricultural workers;
and
(2) to monitor the terms under which temporary agricultural workers
and United States workers employed by the same employer are em-
ployed in the United States.
CHAPTER 27—ALIEN CREWMEMBERS
SUBCHAPTER I—GENERAL
Sec.
2701.
Providing lists.
2702.
Reports on unlawful landings.
2703.
Conditional permits to land temporarily.
2704.
Control of alien crewmembers.
2705.
Alien crewmembers afflicted with certain disabilities and diseases.
2706.
Discharging alien crewmembers.
SUBCHAPTER II—LONGSHORE WORK
2721.
Definition and application.
2722.
General.
2723.
Prevailing practice.
2724.
Reciprocity.
2725.
Longshore work in Alaska.
SUBCHAPTER I—GENERAL
§ 2701. Providing lists
(a) ON ARRIVAL.—Except as provided in subsection (c) of this section,
when a vessel or aircraft arrives in the United States from a place outside
the United States, the owner, agent, master, commanding officer, or con-
signee of the vessel or aircraft shall give an immigration officer at the port
of arrival a list containing—
(1)(A) the name and position of each alien crewmember on the vessel
or aircraft;
(B) information on when and where each alien crewmember was
shipped or employed; and