‘‘(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 
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.— 
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‘‘(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.— 
‘‘(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— 
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‘‘(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. 
‘‘(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 
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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 
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; 
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‘‘(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 
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 
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‘‘(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)— 
‘‘(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 $5,000 per violation) as the Sec-
retary of Labor determines to be appro-
priate; 
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‘‘(B) the Secretary of Homeland Security 
may— 
‘‘(i) disqualify the employer from the 
employment of H–2A workers for a period 
of 2 years; 
‘‘(ii) for a second violation, the Sec-
retary of Homeland Security may dis-
qualify the employer from the employment 
of H–2A workers for a period of 5 years; 
and 
‘‘(iii) for a third violation, the Sec-
retary of Homeland Security may perma-
nently disqualify the employer from the 
employment of H–2A workers. 
‘‘(4) 
PENALTIES
FOR
DISPLACEMENT
OF 
UNITED
STATES
WORKERS.—If the Secretary of 
Labor finds, after notice and opportunity for a hear-
ing, a willful failure to meet a material condition of 
subsection (a) or a willful misrepresentation of a 
material fact in a petition under subsection (a), in 
the course of which failure or misrepresentation the 
employer displaced a United States worker employed 
by the employer during the period of employment on 
the employer’s petition under subsection (a) or dur-
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ing the period of 30 days preceding such period of 
employment— 
‘‘(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 $15,000 per violation) as the Sec-
retary of Labor determines to be appro-
priate; and 
‘‘(B) the Secretary of Homeland Security 
may— 
‘‘(i) disqualify the employer from the 
employment of H–2A workers for a period 
of 5 years; and 
‘‘(ii) for a second violation, perma-
nently disqualify the employer from the 
employment of H–2A workers. 
‘‘(5) LIMITATIONS
ON
CIVIL
MONEY
PEN-
ALTIES.—The Secretary of Labor may not impose 
total civil money penalties with respect to a petition 
under subsection (b) in excess of $90,000. 
‘‘(j) FAILURE TO PAY WAGES OR REQUIRED BENE-
FITS.— 
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‘‘(1) ASSESSMENT.—If the Secretary of Labor 
finds, after notice and opportunity for a hearing, 
that the employer has failed to pay the wages, trans-
portation, subsistence reimbursement, or guarantee 
of employment attested by the employer under sub-
section (b)(2), the Secretary of Labor shall assess 
payment of back wages, or other required benefits, 
due any United States worker or H–2A worker em-
ployed by the employer in the specific employment in 
question. 
‘‘(2) AMOUNT.—The back wages or other re-
quired benefits described in paragraph (1)— 
‘‘(A) shall be equal to the difference be-
tween the amount that should have been paid 
and the amount that was paid to such worker; 
and 
‘‘(B) shall be distributed to the worker to 
whom such wages are due. 
‘‘(k) MINIMUM WAGES, BENEFITS, AND WORKING 
CONDITIONS.— 
‘‘(1) PREFERENTIAL
TREATMENT
OF
ALIENS 
PROHIBITED.— 
‘‘(A) IN GENERAL.—Each employer seek-
ing to hire United States workers shall offer 
such workers not less than the same benefits, 
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wages, and working conditions that the em-
ployer is offering, intends to offer, or will pro-
vide to H–2A workers. No job offer may impose 
on United States workers any restrictions or 
obligations which will not be imposed on the 
employer’s H–2A workers. 
‘‘(B) INTERPRETATION.—Every interpreta-
tion and determination made under this section 
or under any other law, regulation, or interpre-
tative provision regarding the nature, scope, 
and timing of the provision of these and any 
other benefits, wages, and other terms and con-
ditions of employment shall be made so that— 
‘‘(i) the services of workers to their 
employers and the employment opportuni-
ties afforded to workers by the employers, 
including those employment opportunities 
that require United States workers or H– 
2A workers to travel or relocate in order to 
accept or perform employment— 
‘‘(I) mutually benefit such work-
ers, as well as their families, and em-
ployers; and 
‘‘(II) principally benefit neither 
employer nor employee; and 
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‘‘(ii) employment opportunities within 
the United States benefit the United 
States economy. 
‘‘(2) REQUIRED WAGES.— 
‘‘(A) IN GENERAL.—Each employer peti-
tioning for workers under subsection (b) shall 
pay not less than the greater of— 
‘‘(i) the prevailing wage to all workers 
in the occupation for which the employer 
has petitioned for workers; or 
‘‘(ii) the applicable State minimum 
wage. 
‘‘(B) DETERMINATION
OF
WAGES.—An 
employer seeking to comply with subparagraph 
(A) may— 
‘‘(i) request and obtain a prevailing 
wage determination from the State employ-
ment agency; or 
‘‘(ii) rely on other wage information, 
including a survey of the prevailing wages 
of workers in the occupation in the area of 
employment that has been conducted or 
funded by the employer or a group of em-
ployers, using the methodology used by the 
Secretary of Labor to establish Occupa-
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tional Employment and Wage estimate, or 
another methodology approved by the Sec-
retary of Labor for the purpose of deter-
mining H–2A wages. 
‘‘(C) COMPLIANCE.—An employer shall be 
considered to have complied with the require-
ment under subparagraph (A) if the employer— 
‘‘(i)(I) obtains a prevailing wage de-
termination under subparagraph (C)(i); or 
‘‘(II) relies on a qualifying survey of 
prevailing wages; and 
‘‘(ii) pays such prevailing wage. 
‘‘(3) REIMBURSEMENT
OF
TRANSPORTATION 
COSTS.— 
‘‘(A) 
REQUIREMENT
FOR
REIMBURSE-
MENT.—An H–2A worker who completes 50 
percent of the period of employment of the job 
for which the worker was hired, beginning on 
the first day of such employment, shall be reim-
bursed by the employer for the cost of the 
worker’s transportation and subsistence from— 
‘‘(i) the place from which the H–2A 
worker was approved to enter the United 
States to the location at which the work 
for the employer is performed; or 
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‘‘(ii) if the H–2A worker traveled 
from a place in the United States at which 
the H–2A worker was last employed, from 
such place of last employment to the loca-
tion at which the work for the employer is 
performed. 
‘‘(B) TIMING OF REIMBURSEMENT.—Reim-
bursement to the worker of expenses for the 
cost of the worker’s transportation and subsist-
ence to the place of employment under subpara-
graph (A) shall be considered timely if such re-
imbursement is made not later than the work-
er’s first regular payday after a worker com-
pletes 50 percent of the period of employment 
of the job opportunity as provided under this 
paragraph. 
‘‘(C) ADDITIONAL
REIMBURSEMENT.—A 
worker who completes the period of employment 
for the job opportunity involved shall be reim-
bursed by the employer for the cost of the 
worker’s transportation and subsistence from 
the work site to the place where the worker was 
approved to enter the United States to work for 
the employer. If the worker has contracted with 
a subsequent employer, the previous and subse-
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quent employer shall share the cost of the work-
er’s transportation and subsistence from work 
site to work site. 
‘‘(D) LIMITATION.— 
‘‘(i) AMOUNT OF REIMBURSEMENT.— 
The amount of reimbursement provided to 
a worker or alien under this paragraph 
shall be equal to the lesser of— 
‘‘(I) the actual cost to the worker 
or alien of the transportation and sub-
sistence involved; or 
‘‘(II) the most economical and 
reasonable common carrier transpor-
tation charges and subsistence costs 
for the distance involved. 
‘‘(ii) DISTANCE TRAVELED.—No reim-
bursement under subparagraph (A) or (B) 
shall be required if the distance traveled is 
100 miles or less. 
‘‘(E) REIMBURSEMENT
FOR
LAID
OFF 
WORKERS.—If the worker is laid off or employ-
ment is terminated for contract impossibility 
(as described in paragraph (5)(D)) before the 
anticipated ending date of employment, the em-
ployer shall provide— 
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‘‘(i) the transportation and subsist-
ence required under subparagraph (C); and 
‘‘(ii) notwithstanding whether the 
worker has completed 50 percent of the pe-
riod of employment, the transportation re-
imbursement required under subparagraph 
(A). 
‘‘(F) CONSTRUCTION.—Nothing in this 
paragraph shall be construed to require an em-
ployer to reimburse visa, passport, consular, or 
international bordercrossing fees or any other 
fees associated with the H–2A worker’s lawful 
admission into the United States to perform 
employment that may be incurred by the work-
er. 
‘‘(4) EMPLOYMENT GUARANTEE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) REQUIREMENT.—Each employer 
petitioning for workers under subsection 
(b) shall guarantee to offer the worker em-
ployment for the hourly equivalent of not 
less than 75 percent of the work hours 
during the total anticipated period of em-
ployment, beginning with the first work 
day after the arrival of the worker at the 
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place of employment and ending on the ex-
piration date specified in the job offer. 
‘‘(ii) 
FAILURE
TO
MEET
GUAR-
ANTEE.—If the employer affords the 
United States worker or the H–2A worker 
less employment than that required under 
this subparagraph, the employer shall pay 
such worker the amount which the worker 
would have earned if the worker had 
worked for the guaranteed number of 
hours. 
‘‘(iii) PERIOD OF EMPLOYMENT.—For 
purposes of this subparagraph, the term 
‘‘period of employment’’ means the total 
number of anticipated work hours and 
workdays described in the job offer and 
shall exclude the worker’s Sabbath and 
Federal holidays. 
‘‘(B) 
CALCULATION
OF
HOURS.—Any 
hours which the worker fails to work, up to a 
maximum of the number of hours specified in 
the job offer for a work day, when the worker 
has been offered an opportunity to do so, and 
all hours of work actually performed (including 
voluntary work in excess of the number of 
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hours specified in the job offer in a work day, 
on the worker’s Sabbath, or on Federal holi-
days) may be counted by the employer in calcu-
lating whether the period of guaranteed employ-
ment has been met. 
‘‘(C) LIMITATION.—If the worker volun-
tarily abandons employment before the end of 
the contract period, or is terminated for cause, 
the worker is not entitled to the 75 percent 
guarantee described in subparagraph (A). 
‘‘(D) TERMINATION OF EMPLOYMENT.— 
‘‘(i) IN GENERAL.—If, before the expi-
ration of the period of employment speci-
fied in the job offer, the services of the 
worker are no longer required due to any 
form of natural disaster, including flood, 
hurricane, 
freeze, 
earthquake, 
fire, 
drought, plant or animal disease, pest in-
festation, regulatory action, or any other 
reason beyond the control of the employer 
before the employment guarantee in sub-
paragraph (A) is fulfilled, the employer 
may terminate the worker’s employment. 
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‘‘(ii) REQUIREMENTS.—If a worker’s 
employment is terminated under clause (i), 
the employer shall— 
‘‘(I) fulfill the employment guar-
antee in subparagraph (A) for the 
work days that have elapsed during 
the period beginning on the first work 
day after the arrival of the worker 
and ending on the date on which such 
employment is terminated; and 
‘‘(II) make efforts to transfer the 
United States worker to other com-
parable employment acceptable to the 
worker. 
‘‘(l) EXPEDITED
ADJUDICATION
BY
THE
SEC-
RETARY.—The Secretary of Homeland Security— 
‘‘(1) shall establish a procedure for expedited 
adjudication of petitions filed under subsection (e); 
and 
‘‘(2) not later than 7 working days after such 
filing shall, by fax, cable, or other means assuring 
expedited delivery transmit a copy of notice of action 
on the petition— 
‘‘(A) to the petitioner; and 
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‘‘(B) in the case of approved petitions, to 
the appropriate immigration officer at the port 
of entry or United States consulate (as the case 
may be) where the petitioner has indicated that 
the alien beneficiary (or beneficiaries) will apply 
for a visa or admission to the United States. 
‘‘(m) DISQUALIFICATION.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
an alien shall be considered inadmissible to the 
United States and ineligible for nonimmigrant status 
under section 101(a)(15)(H)(ii)(a) if the alien has, 
at any time during the past 5 years, violated a term 
or condition of admission into the United States as 
a nonimmigrant, including overstaying the period of 
authorized admission. 
‘‘(2) WAIVERS.— 
‘‘(A) IN GENERAL.—An alien seeking ad-
mission 
under 
section 
101(a)(15)(H)(ii)(a) 
while outside of the United States shall not be 
deemed inadmissible under such section by rea-
son of— 
‘‘(i) paragraph (1); 
‘‘(ii) section 212(a)(6)(C), if such 
alien has previously falsely represented 
himself or herself to be a citizen of the 
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United States for the purpose of agricul-
tural employment; or 
‘‘(iii) section 212(a)(9)(B), unless 
such alien was deported from the United 
States; 
if the violation occurred on or before the date 
of the enactment of this Act. 
‘‘(B) EFFECTIVE PERIOD OF WAIVER.—If 
an alien is admitted to the United States as a 
result of a waiver under subparagraph (A), 
such waiver shall remain in effect unless the 
alien subsequently violates— 
‘‘(i) a material provision of this sec-
tion; or 
‘‘(ii) a term or condition of admission 
into the United States as a nonimmigrant. 
‘‘(n) PERIOD OF ADMISSION.— 
‘‘(1) IN GENERAL.—An H–2A worker shall be 
admitted for a period of employment, not to exceed 
10 months, that includes— 
‘‘(A) a period of not more than 7 days 
prior to the beginning of the period of employ-
ment for the purpose of travel to the work site; 
and 
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‘‘(B) a period of not more than 14 days 
following the period of employment for the pur-
pose of departure or extension based on a sub-
sequent offer of employment. 
‘‘(2) EMPLOYMENT LIMITATION.—An alien may 
not be employed during the 14-day period described 
in paragraph (1)(B) except in the employment for 
which the alien was previously authorized. 
‘‘(3) CONSTRUCTION.—Nothing in this sub-
section shall limit the authority of the Secretary of 
Homeland Security to extend the stay of an alien 
under any other provision of this Act. 
‘‘(o) ABANDONMENT OF EMPLOYMENT.— 
‘‘(1) IN GENERAL.—An alien admitted or pro-
vided status under section 101(a)(15)(H)(ii)(a) who 
abandons the employment which was the basis for 
such admission or status— 
‘‘(A) shall have failed to maintain non-
immigrant status as an H–2A worker; and 
‘‘(B) shall depart the United States or be 
subject 
to 
removal 
under 
section 
237(a)(1)(C)(i). 
‘‘(2) REPORT BY EMPLOYER.—Not later than 
24 hours after the abandonment of employment by 
an H–2A worker, the employer or association acting 
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as an agent for the employer, shall notify the Sec-
retary of Homeland Security of such abandonment. 
‘‘(3) REMOVAL.—The Secretary of Homeland 
Security shall promptly remove from the United 
States any H–2A worker who violates any term or 
condition of the worker’s nonimmigrant status. 
‘‘(4) 
VOLUNTARY
TERMINATION.—Notwith-
standing paragraph (1), an alien may voluntarily 
terminate the alien’s employment if the alien 
promptly departs the United States upon termi-
nation of such employment. 
‘‘(p) REPLACEMENT OF ALIEN.— 
‘‘(1) IN
GENERAL.—Upon notification under 
subsection (p)(2)— 
‘‘(A) the Secretary of State shall promptly 
issue a visa to, and the Secretary of Homeland 
Security shall admit into the United States, an 
eligible alien designated by the employer to re-
place an H–2A worker who abandons or pre-
maturely terminates employment; and 
‘‘(B) the Secretary of Homeland Security 
shall admit such alien into the United States. 
‘‘(2) CONSTRUCTION.—Nothing in this sub-
section shall limit any preference for which United 
States workers are eligible under this Act. 
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‘‘(q) IDENTIFICATION DOCUMENT.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall provide each authorized H–2A worker 
with a single machine-readable, tamper-resistant, 
and counterfeit-resistant document that— 
‘‘(A) authorizes the alien’s entry into the 
United States; 
‘‘(B) serves, for the appropriate period, as 
an employment eligibility document; and 
‘‘(C) verifies the identity of the alien. 
‘‘(2) FORM.— 
‘‘(A) The document shall be— 
‘‘(i) in a form that is resistant to 
counterfeiting and to tampering; and 
‘‘(ii) compatible with— 
‘‘(I) other databases of the Sec-
retary of Homeland Security for the 
purpose of excluding an alien from 
benefits for which an alien is not eligi-
ble and determining whether the alien 
is unlawfully present in the United 
States; and 
‘‘(II) law enforcement databases 
for the purpose of determining if an 
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alien has been convicted of criminal 
offenses. 
‘‘(B) As soon as practicable, the document 
shall include a biometric identifier. The deter-
mination of a biometric identifier to be used for 
such purposes shall take into account factors 
such as efficiency, accuracy, the technology 
available, economic considerations, and storage 
requirements. 
‘‘(r) EXTENSION OF STAY OF H–2A WORKERS IN 
THE UNITED STATES.— 
‘‘(1) EXTENSION
OF
STAY.—If an employer 
seeks approval to employ an H–2A worker who is 
lawfully present in the United States, the petition 
filed by the employer or an association pursuant to 
subsection (p) shall request an extension of the 
alien’s stay and, if applicable, a change in the alien’s 
employment. 
‘‘(2) LIMITATION ON FILING PETITION FOR EX-
TENSION OF STAY.—A petition may not be filed for 
an extension of an alien’s stay for a period of more 
than 10 months. 
‘‘(3) WORK AUTHORIZATION UPON FILING PE-
TITION FOR EXTENSION OF STAY.— 
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‘‘(A) IN GENERAL.—An alien who is law-
fully present in the United States on the date 
of the filing of a petition to extend the stay of 
the alien may commence or continue the em-
ployment described in a petition under para-
graph (1). The employer shall provide a copy of 
the employer’s petition for extension of stay to 
the alien. The alien shall keep the petition with 
the alien’s identification and employment eligi-
bility document, as evidence that the petition 
has been filed and that the alien is authorized 
to work in the United States. 
‘‘(B) EMPLOYMENT
ELIGIBILITY
DOCU-
MENT.—Upon approval of a petition for an ex-
tension of stay or change in the alien’s author-
ized employment, the Secretary of Homeland 
Security shall provide a new or updated employ-
ment eligibility document to the alien indicating 
the new validity date, after which the alien is 
not required to retain a copy of the petition. 
‘‘(C) FILE DEFINED.—In this paragraph, 
the term ‘file’ means sending the petition by 
certified mail via the United States Postal Serv-
ice, return receipt requested, or delivering by 
guaranteed commercial delivery which will pro-
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vide the employer with a documented acknowl-
edgment of the date of receipt of the petition 
for an extension of stay. 
‘‘(4) LIMITATION ON AN INDIVIDUAL’S STAY IN 
STATUS.— 
‘‘(A) MAXIMUM
PERIOD.—The maximum 
continuous period of authorized status as an 
H–2A worker (including any extensions) is 20 
months. 
‘‘(B) REQUIREMENT TO REMAINS OUTSIDE 
THE UNITED STATES.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), in the case of an alien outside the 
United States whose period of authorized 
status as an H–2A worker (including any 
extensions) has expired, the alien may not 
again apply for admission to the United 
Stats as an H–2A worker unless the alien 
has remained outside the United States for 
a continuous period equal to at least 1⁄5 
the duration of the alien’s previous period 
of authorized status as an H–2A worker 
(including any extensions). 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply in the case of an alien if the 
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alien’s period of authorized status as an 
H–2A worker (including any extensions) 
was for a period of not more than 10 
months and such alien has been outside 
the United States for at least 2 months 
during the 12 months preceding the date 
the alien again is applying for admission to 
the United States as an H–2A worker. 
‘‘(s) SPECIAL RULE
FOR ALIENS EMPLOYED
AS 
SHEEPHERDERS, GOATHERDERS, OR DAIRY WORKERS.— 
Notwithstanding any other provision of this section, an 
alien admitted under section 101(a)(15)(H)(ii)(a) for em-
ployment as a sheepherder, goatherder, or dairy worker— 
‘‘(1) may be admitted for a period of 12 
months; and 
‘‘(2) shall not be subject to the requirements of 
subsection (r)(4)(B).’’. 
(b) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall promulgate regulations, in ac-
cordance with the notice and comment provisions of sec-
tion 553 of title 5, United States Code, to provide for the 
uniform procedures for the issuance of visas to non-
immigrants described in section 101(a)(15)(H)(ii)(a) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
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1101(a)(15)(H)(ii)(a)) by visa-issuing United States con-
sulates and consular officers. 
(c) 
CONFORMING
AMENDMENT.—Section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by strik-
ing ‘‘of a temporary or seasonal nature’’ and inserting 
‘‘and with respect to whom the intending employer has 
filed with the Secretary a petition under section 218(a)’’. 
SEC. 3. EMERGENCY GRANTS TO ASSIST EMPLOYERS WITH 
H–2A TRANSPORTATION COSTS. 
Subtitle D of the Consolidated Farm and Rural De-
velopment Act (7 U.S.C. 1981 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 379E. EMERGENCY GRANTS TO ASSIST EMPLOYERS 
WITH H–2A TRANSPORTATION COSTS. 
‘‘(a) IN GENERAL.—The Secretary of Agriculture 
may make grants, not to exceed $1,000,000 annually, to 
employers of H–2A workers for the purpose of reimburs-
ing the employers for the amounts paid to H–2A workers 
under section 218(m)(4)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1188) (as amended by the ‘Tem-
porary Agricultural Labor Reform Act of 2005’) if, before 
the expiration of the period of employment specified in the 
job offer, the services of the worker are no longer required 
for reasons beyond the control of the employer due to any 
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form of natural disaster, including but not limited to a 
flood, hurricane, freeze, earthquake, fire, drought, plant 
or animal disease or pest infestation, or regulatory 
drought. 
‘‘(b) FUNDING.—The grants described in subsection 
(a) shall be made out of the funds, facilities and authori-
ties of the Commodity Credit Corporation to the extent 
that such funds are provided in advance through an appro-
priations act.’’. 
SEC. 4. ESTABLISHMENT OF H–2A OMBUDSMAN. 
Subtitle D of the Consolidated Farm and Rural De-
velopment Act (7 U.S.C. 1981 et seq.), as amended by 
section 3 of this Act, is amended by adding at the end 
the following: 
‘‘SEC. 379F. ESTABLISHMENT OF H–2A OMBUDSMAN. 
‘‘The Secretary shall establish an H–2A Worker Pro-
gram Ombudsman within the Office of Agriculture Labor 
Affairs, Office of the Chief Economist, U.S. Department 
of Agriculture. The H–2A Ombudsman shall help resolve 
disputes and other conflicts between contracted H–2A 
workers and their employers, other than alleged violations 
of conditions required under section 218(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1188(a)).’’. 
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SEC. 5. LEGAL ASSISTANCE PROVIDED BY THE LEGAL 
SERVICES CORPORATION. 
(a) IN GENERAL.—Section 305 of the Immigrant Re-
form and Control Act of 1986 (8 U.S.C. 1101 note) is 
amended— 
(1) by striking ‘‘A nonimmigrant’’ and inserting 
‘‘(a) IN GENERAL.—A nonimmigrant’’; and 
(2) by adding at the end the following: 
‘‘(b) LEGAL ASSISTANCE.—The Legal Services Cor-
poration may not provide legal assistance for or on behalf 
of any alien, and may not provide financial assistance to 
any person or entity that provides legal assistance for or 
on behalf of any alien, unless the alien— 
‘‘(1) is present in the United States at the time 
the legal assistance is provided; and 
‘‘(2) is an alien to whom subsection (a) ap-
plies.’’. 
(b) MEDIATION.—Section 305 of the Immigrant Re-
form and Control Act of 1986 (8 U.S.C. 1101 note), as 
amended by subsection (a), is further amended by adding 
at the end the following: 
‘‘(c) REQUIRED MEDIATION.—The Legal Services 
Corporation may not bring a civil action for damages on 
behalf 
of 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), unless at least 90 
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days prior to bringing the action a request has been made 
to the Federal Mediation and Conciliation Service to assist 
the parties in reaching a satisfactory resolution of all 
issues involving all parties to the dispute and mediation 
has been attempted.’’. 
(c) CONDITION FOR ENTRY ONTO PROPERTY FOR 
LEGAL
SERVICES
CORPORATION
REPRESENTATION.— 
Section 305 of the Immigrant Reform and Control Act 
of 1986 (8 U.S.C. 1101 note), as amended by subsection 
(b), is further amended by adding at the end the following: 
‘‘(d) CONDITION
FOR ENTRY ONTO EMPLOYER’S 
PROPERTY
FOR LEGAL SERVICES CORPORATION REP-
RESENTATION.—No employer of a nonimmigrant having 
status under section 101(a)(15)(H)(ii)(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) 
shall be required to permit any recipient of a grant or con-
tract under section 1007 of the Legal Services Corpora-
tion Act (42 U.S.C. 2996f), or any employee of such a 
recipient, to enter upon the employer’s property, unless 
such recipient or employee has a pre-arranged appoint-
ment with a specific nonimmigrant having such status.’’. 
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SEC. 6. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
on the date that is 180 days after the date of the enact-
ment of this Act. 
Æ 
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