I 
110TH CONGRESS 
1ST SESSION H. R. 1792 
To simplify the process for admitting temporary alien agricultural workers 
under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act, to increase access to such workers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 29, 2007 
Mr. GOODLATTE (for himself, Mr. BISHOP of Georgia, Mr. KINGSTON, Mrs. 
JO ANN DAVIS of Virginia, and Ms. FOXX) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Agriculture, 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 simplify the process for admitting temporary alien agri-
cultural workers under section 101(a)(15)(H)(ii)(a) of 
the Immigration and Nationality Act, to increase access 
to such workers, 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 ‘‘Temporary Agricul-
tural Labor Reform Act of 2007’’. 
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SEC. 2. ADMISSION OF TEMPORARY H–2A WORKERS. 
(a) PROCEDURE FOR ADMISSION.—Section 218 of 
the Immigration and Nationality Act (8 U.S.C. 1188) is 
amended to read as follows: 
‘‘ADMISSION OF TEMPORARY H–2A WORKERS 
‘‘SEC. 218. (a) DEFINITIONS.—In this section: 
‘‘(1) AREA OF EMPLOYMENT.—The term ‘area 
of employment’ means the area within normal com-
muting distance of the worksite or physical location 
where the work of the H–2A worker is or will be 
performed. If such work site or location is within a 
Metropolitan Statistical Area, any place within such 
area shall be considered to be within the area of em-
ployment. 
‘‘(2) DISPLACE.—The term ‘displace’ means to 
lay off a worker from a job that is essentially equiv-
alent to the job for which an H–2A worker is 
sought. A job shall not be considered to be ‘essen-
tially equivalent’ to another job unless the job— 
‘‘(A) involves essentially the same respon-
sibilities as such other job; 
‘‘(B) was held by a United States worker 
with substantially equivalent qualifications and 
experience; and 
‘‘(C) is located in the same area of employ-
ment as the other job. 
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‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means an individual who is not an unau-
thorized alien (as defined in section 274A(h)(3)) 
with respect to the employment of the individual. 
‘‘(4) EMPLOYER.—The term ‘employer’ means 
an employer who hires workers to perform agricul-
tural employment. 
‘‘(5) H–2A WORKER.—The term ‘H–2A worker’ 
means 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(a). 
‘‘(6) LAY OFF.— 
‘‘(A) IN GENERAL.—The term ‘lay off’— 
‘‘(i) means to cause a worker’s loss of 
employment, other than through a dis-
charge for inadequate performance, viola-
tion of workplace rules, cause, voluntary 
departure, voluntary retirement, or the ex-
piration of a grant or contract (other than 
a temporary employment contract entered 
into in order to evade a condition described 
in paragraph (3) or (7) of subsection (b); 
and 
‘‘(ii) does not include any situation in 
which the worker is offered, as an alter-
native to such loss of employment, a simi-
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lar employment opportunity with the same 
employer (or, in the case of a placement of 
a worker with another employer under sub-
section (h)(2), with either employer de-
scribed in such subsection) at equivalent or 
higher compensation and benefits than the 
position from which the employee was dis-
charged, regardless of whether or not the 
employee accepts the offer. 
‘‘(B) CONSTRUCTION.—Nothing in this 
paragraph is intended to limit an employee’s 
rights under a collective bargaining agreement 
or other employment contract. 
‘‘(7) PREVAILING WAGE.—The term ‘prevailing 
wage’ means the wage rate that includes the 51st 
percentile of employees with similar experience and 
qualifications in the agricultural occupation in the 
area of intended employment, calculated using the 
same methodology used by the Department of Labor 
to determine prevailing wage for the purpose of the 
program described in section 101(a)(15)(H)(ii)(b) 
during 2007, and expressed in terms of the pre-
vailing method of pay for the occupation in the area 
of intended employment. 
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