‘‘(A) OFFER TO WORKER.—The employer 
shall guarantee to offer the worker employment 
for the hourly equivalent of at least three- 
fourths of the work days of the total period of 
employment, beginning with the first work day 
after the arrival of the worker at the place of 
employment and ending on the expiration date 
specified in the job offer. For purposes of this 
subparagraph, the hourly equivalent means the 
number of hours in the work days as stated in 
the job offer and shall exclude the worker’s 
Sabbath and Federal holidays. If the employer 
affords the United States or H–2A worker less 
employment than that required under this para-
graph, the employer shall pay such worker the 
amount which the worker would have earned 
had the worker, in fact, worked for the guaran-
teed number of hours. 
‘‘(B) FAILURE
TO
WORK.—Any hours 
which the worker fails to work, up to a max-
imum 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 vol-
untary work in excess of the number of hours 
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specified in the job offer in a work day, on the 
worker’s Sabbath, or on Federal holidays) may 
be counted by the employer in calculating 
whether the period of guaranteed employment 
has been met. 
‘‘(C) ABANDONMENT
OF
EMPLOYMENT, 
TERMINATION FOR CAUSE.—If the worker vol-
untarily abandons employment before the end 
of the contract period, or is terminated for 
cause, the worker is not entitled to the three- 
fourths guarantee described in subparagraph 
(A). 
‘‘(D) CONTRACT
IMPOSSIBILITY.—If, be-
fore the expiration of the period of employment 
specified in the job offer, the services of the 
worker are no longer required for reasons be-
yond the control of the employer due to any 
form of natural disaster, including but not lim-
ited to a flood, hurricane, freeze, earthquake, 
fire, drought, plant or animal disease or pest in-
festation, or regulatory drought, before the 
guarantee in subparagraph (A) is fulfilled, the 
employer may terminate the worker’s employ-
ment. In the event of such termination, the em-
ployer shall fulfill the employment guarantee in 
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subparagraph (A) for the work days that have 
elapsed from the first work day after the arrival 
of the worker to the termination of employ-
ment. In such cases, the employer will make ef-
forts to transfer the United States worker to 
other comparable employment acceptable to the 
worker. 
‘‘(n) PETITIONING FOR ADMISSION.—An employer, 
or an association acting as an agent or joint employer for 
its members, that seeks the admission into the United 
States of an H–2A worker must file a petition with the 
Secretary of Homeland Security. The petition shall include 
the attestations for the certification described in section 
101(a)(15)(H)(ii)(a). 
‘‘(o) EXPEDITED
ADJUDICATION
BY
THE
SEC-
RETARY.—The Secretary of Homeland Security— 
‘‘(1) shall establish a procedure for expedited 
adjudication of petitions filed under subsection (n); 
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. 
‘‘(p) DISQUALIFICATION.— 
‘‘(1) Subject to paragraph (2), an alien shall be 
considered inadmissible to the United States and in-
eligible 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 non-
immigrant, including overstaying the period of au-
thorized admission. 
‘‘(2) WAIVERS.— 
‘‘(A) IN GENERAL.—An alien outside the 
United States, and seeking admission under 
section 
101(a)(15)(H)(ii)(a), 
shall 
not 
be 
deemed inadmissible under such section by rea-
son of— 
‘‘(i) paragraph (1); 
‘‘(ii) section 212(a)(6)(c), only if such 
alien has previously falsely represented 
himself to be a citizen of the United States 
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