I 
115TH CONGRESS 
2D SESSION 
H. R. 4760 
To amend the immigration laws and the homeland security laws, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 10, 2018 
Mr. GOODLATTE (for himself, Mr. MCCAUL, Mr. LABRADOR, Ms. MCSALLY, 
Mr. SENSENBRENNER, and Mr. CARTER of Texas) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Education and the Workforce, Home-
land Security, Foreign Affairs, Ways and Means, Armed Services, Over-
sight and Government Reform, Agriculture, Transportation and Infra-
structure, and Natural Resources, 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 amend the immigration laws and the homeland security 
laws, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Securing America’s Future Act of 2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
DIVISION A—LEGAL IMMIGRATION REFORM 
TITLE I—IMMIGRANT VISA ALLOCATIONS AND PRIORITIES 
Sec. 1101. Family-sponsored immigration priorities. 
Sec. 1102. Elimination of diversity visa program. 
Sec. 1103. Employment-based immigration priorities. 
Sec. 1104. Waiver of rights by B visa nonimmigrants. 
TITLE II—AGRICULTURAL WORKER REFORM 
Sec. 2101. Short title. 
Sec. 2102. H–2C temporary agricultural work visa program. 
Sec. 2103. Admission of temporary H–2C workers. 
Sec. 2104. Mediation. 
Sec. 2105. Migrant and seasonal agricultural worker protection. 
Sec. 2106. Binding arbitration. 
Sec. 2107. Eligibility for health care subsidies and refundable tax credits; re-
quired health insurance coverage. 
Sec. 2108. Study of establishment of an agricultural worker employment pool. 
Sec. 2109. Prevailing wage. 
Sec. 2110. Effective dates; sunset; regulations. 
Sec. 2111. Report on compliance and violations. 
TITLE III—VISA SECURITY 
Sec. 3101. Cancellation of additional visas. 
Sec. 3102. Visa information sharing. 
Sec. 3103. Restricting waiver of visa interviews. 
Sec. 3104. Authorizing the Department of State to not interview certain ineli-
gible visa applicants. 
Sec. 3105. Visa refusal and revocation. 
Sec. 3106. Petition and application processing for visas and immigration bene-
fits. 
Sec. 3107. Fraud prevention. 
Sec. 3108. Visa ineligibility for spouses and children of drug traffickers. 
Sec. 3109. DNA testing. 
Sec. 3110. Access to NCIC criminal history database for diplomatic visas. 
Sec. 3111. Elimination of signed photograph requirement for visa applications. 
Sec. 3112. Additional fraud detection and prevention. 
DIVISION B—INTERIOR IMMIGRATION ENFORCEMENT 
TITLE I—LEGAL WORKFORCE ACT 
Sec. 1101. Short title. 
Sec. 1102. Employment eligibility verification process. 
Sec. 1103. Employment eligibility verification system. 
Sec. 1104. Recruitment, referral, and continuation of employment. 
Sec. 1105. Good faith defense. 
Sec. 1106. Preemption and States’ rights. 
Sec. 1107. Repeal. 
Sec. 1108. Penalties. 
Sec. 1109. Fraud and misuse of documents. 
Sec. 1110. Protection of Social Security Administration programs. 
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Sec. 1111. Fraud prevention. 
Sec. 1112. Use of employment eligibility verification photo tool. 
Sec. 1113. Identity authentication employment eligibility verification pilot pro-
grams. 
Sec. 1114. Inspector General audits. 
TITLE II—SANCTUARY CITIES AND STATE AND LOCAL LAW 
ENFORCEMENT COOPERATION 
Sec. 2201. Short title. 
Sec. 2202. State noncompliance with enforcement of immigration law. 
Sec. 2203. Clarifying the authority of ice detainers. 
Sec. 2204. Sarah and Grant’s law. 
Sec. 2205. Clarification of congressional intent. 
Sec. 2206. Penalties for illegal entry or presence. 
TITLE III—CRIMINAL ALIENS 
Sec. 3301. Precluding admissibility of aliens convicted of aggravated felonies or 
other serious offenses. 
Sec. 3302. Increased penalties barring the admission of convicted sex offenders 
failing to register and requiring deportation of sex offenders 
failing to register. 
Sec. 3303. Grounds of inadmissibility and deportability for alien gang members. 
Sec. 3304. Inadmissibility and deportability of drunk drivers. 
Sec. 3305. Definition of aggravated felony. 
Sec. 3306. Precluding withholding of removal for aggravated felons. 
Sec. 3307. Protecting immigrants from convicted sex offenders. 
Sec. 3308. Clarification to crimes of violence and crimes involving moral turpi-
tude. 
Sec. 3309. Detention of dangerous aliens. 
Sec. 3310. Timely repatriation. 
Sec. 3311. Illegal reentry. 
TITLE IV—ASYLUM REFORM 
Sec. 4401. Clarification of intent regarding taxpayer-provided counsel. 
Sec. 4402. Credible fear interviews. 
Sec. 4403. Recording expedited removal and credible fear interviews. 
Sec. 4404. Safe third country. 
Sec. 4405. Renunciation of asylum status pursuant to return to home country. 
Sec. 4406. Notice concerning frivolous asylum applications. 
Sec. 4407. Anti-fraud investigative work product. 
Sec. 4408. Penalties for asylum fraud. 
Sec. 4409. Statute of limitations for asylum fraud. 
Sec. 4410. Technical amendments. 
TITLE V—UNACCOMPANIED AND ACCOMPANIED ALIEN MINORS 
APPREHENDED ALONG THE BORDER 
Sec. 5501. Repatriation of unaccompanied alien children. 
Sec. 5502. Special immigrant juvenile status for immigrants unable to reunite 
with either parent. 
Sec. 5503. Jurisdiction of asylum applications. 
Sec. 5504. Quarterly report to Congress. 
Sec. 5505. Biannual report to Congress. 
Sec. 5506. Clarification of standards for family detention. 
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DIVISION C—BORDER ENFORCEMENT 
Sec. 1100. Short title. 
TITLE I—BORDER SECURITY 
Sec. 1101. Definitions. 
Subtitle A—Infrastructure and Equipment 
Sec. 1111. Strengthening the requirements for barriers along the southern bor-
der. 
Sec. 1112. Air and Marine Operations flight hours. 
Sec. 1113. Capability deployment to specific sectors and transit zone. 
Sec. 1114. U.S. Border Patrol activities. 
Sec. 1115. Border security technology program management. 
Sec. 1116. Reimbursement of States for deployment of the National Guard at 
the southern border. 
Sec. 1117. National Guard support to secure the southern border. 
Sec. 1118. Prohibitions on actions that impede border security on certain Fed-
eral land. 
Sec. 1119. Landowner and rancher security enhancement. 
Sec. 1120. Eradication of carrizo cane and salt cedar. 
Sec. 1121. Southern border threat analysis. 
Sec. 1122. Amendments to U.S. Customs and Border Protection. 
Sec. 1123. Agent and officer technology use. 
Sec. 1124. Integrated Border Enforcement Teams. 
Sec. 1125. Tunnel Task Forces. 
Sec. 1126. Pilot program on use of electromagnetic spectrum in support of bor-
der security operations. 
Sec. 1127. Homeland security foreign assistance. 
Subtitle B—Personnel 
Sec. 1131. Additional U.S. Customs and Border Protection agents and officers. 
Sec. 1132. U.S. Customs and Border Protection retention incentives. 
Sec. 1133. Anti-Border Corruption Reauthorization Act. 
Sec. 1134. Training for officers and agents of U.S. Customs and Border Pro-
tection. 
Subtitle C—Grants 
Sec. 1141. Operation Stonegarden. 
Subtitle D—Authorization of Appropriations 
Sec. 1151. Authorization of appropriations. 
TITLE II—EMERGENCY PORT OF ENTRY PERSONNEL AND 
INFRASTRUCTURE FUNDING 
Sec. 2101. Ports of entry infrastructure. 
Sec. 2102. Secure communications. 
Sec. 2103. Border security deployment program. 
Sec. 2104. Pilot and upgrade of license plate readers at ports of entry. 
Sec. 2105. Non-intrusive inspection operational demonstration. 
Sec. 2106. Biometric exit data system. 
Sec. 2107. Sense of Congress on cooperation between agencies. 
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Sec. 2108. Authorization of appropriations. 
Sec. 2109. Definition. 
TITLE III—VISA SECURITY AND INTEGRITY 
Sec. 3101. Visa security. 
Sec. 3102. Electronic passport screening and biometric matching. 
Sec. 3103. Reporting of visa overstays. 
Sec. 3104. Student and exchange visitor information system verification. 
Sec. 3105. Social media review of visa applicants. 
TITLE IV—TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT 
SPOTTER PREVENTION AND ELIMINATION 
Sec. 4101. Short title. 
Sec. 4102. Unlawfully hindering immigration, border, and customs controls. 
DIVISION D—LAWFUL STATUS FOR CERTAIN CHILDHOOD 
ARRIVALS 
Sec. 1101. Definitions. 
Sec. 1102. Contingent nonimmigrant status for certain aliens who entered the 
United States as minors. 
Sec. 1103. Administrative and judicial review. 
Sec. 1104. Penalties and signature requirements. 
Sec. 1105. Rulemaking. 
Sec. 1106. Statutory construction. 
DIVISION A—LEGAL 
IMMIGRATION REFORM 
TITLE I—IMMIGRANT VISA 
ALLOCATIONS AND PRIORITIES 
SEC. 1101. FAMILY-SPONSORED IMMIGRATION PRIORITIES. 
(a) IMMEDIATE
RELATIVE
REDEFINED.—Section 
201 of the Immigration and Nationality Act (8 U.S.C. 
1151) is amended— 
(1) in subsection (b)(2)(A)— 
(A) in clause (i), by striking ‘‘children, 
spouses, and parents of a citizen of the United 
States, except that, in the case of parents, such 
citizens shall be at least 21 years of age.’’ and 
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inserting ‘‘children and spouse of a citizen of 
the United States.’’; and 
(B) in clause (ii), by striking ‘‘such an im-
mediate relative’’ and inserting ‘‘the immediate 
relative spouse of a United States citizen’’; 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.—(1) The worldwide level of family-spon-
sored immigrants under this subsection for a fiscal year 
is equal to 87,934 minus the number computed under 
paragraph (2). 
‘‘(2) The number computed under this paragraph for 
a fiscal year is the number of aliens who were paroled into 
the United States under section 212(d)(5) in the second 
preceding fiscal year who— 
‘‘(A) did not depart from the United States 
(without advance parole) within 365 days; and 
‘‘(B)(i) did not acquire the status of an alien 
lawfully admitted to the United States for perma-
nent residence during the two preceding fiscal years; 
or 
‘‘(ii) acquired such status during such period 
under a provision of law (other than subsection (b)) 
that exempts adjustment to such status from the nu-
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merical limitation on the worldwide level of immigra-
tion under this section.’’; and 
(3) in subsection (f)— 
(A) in paragraph (2), by striking ‘‘section 
203(a)(2)(A)’’ and inserting ‘‘section 203(a)’’; 
(B) by striking paragraph (3); 
(C) by redesignating paragraph (4) as 
paragraph (3); and 
(D) in paragraph (3), as redesignated, by 
striking ‘‘(1) through (3)’’ and inserting ‘‘(1) 
and (2)’’. 
(b) FAMILY-BASED VISA PREFERENCES.—Section 
203(a) of the Immigration and Nationality Act (8 U.S.C. 
1153(a)) is amended to read as follows: 
‘‘(a) SPOUSES AND MINOR CHILDREN OF PERMA-
NENT RESIDENT ALIENS.—Family-sponsored immigrants 
described in this subsection are qualified immigrants who 
are the spouse or a child of an alien lawfully admitted 
for permanent residence. Such immigrants shall be allo-
cated visas in accordance with the number computed 
under section 201(c).’’. 
(c) AGING OUT.—Section 203(h) of the Immigration 
and Nationality Act (8 U.S.C. 1153(h)) is amended— 
(1) by striking ‘‘(a)(2)(A)’’ each place such 
term appears and inserting ‘‘(a)(2)’’; 
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(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
for purposes of subsections (a)(2) and (d), a deter-
mination of whether an alien satisfies the age re-
quirement in the matter preceding subparagraph (A) 
of section 101(b)(1) shall be made using the age of 
the alien on the date on which a petition is filed with 
the Secretary of Homeland Security.’’. 
(3) by redesignating paragraphs (2) through 
(4) as paragraphs (3) through (5), respectively; 
(4) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) LIMITATION.—Notwithstanding the age of 
an alien on the date on which a petition is filed, an 
alien who marries or turns 25 years of age prior to 
being issued a visa pursuant to subsection (a)(2) or 
(d), no longer satisfies the age requirement de-
scribed in paragraph (1).’’; and 
(5) in paragraph (5), as so redesignated, by 
striking ‘‘(3)’’ and inserting ‘‘(4)’’. 
(d) CONFORMING AMENDMENTS.— 
(1) DEFINITION OF V NONIMMIGRANT.—Section 
101(a)(15)(V) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(V)) is amended by strik-
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ing ‘‘section 203(a)(2)(A)’’ each place such term ap-
pears and inserting ‘‘section 203(a)’’. 
(2) NUMERICAL
LIMITATION
TO
ANY
SINGLE 
FOREIGN
STATE.—Section 202 of such Act (8 
U.S.C. 1152) is amended— 
(A) in subsection (a)(4)— 
(i) by striking subparagraphs (A) and 
(B) and inserting the following: 
‘‘(A) 75 PERCENT OF FAMILY-SPONSORED 
IMMIGRANTS NOT SUBJECT TO PER COUNTRY 
LIMITATION.—Of the visa numbers made avail-
able under section 203(a) in any fiscal year, 75 
percent shall be issued without regard to the 
numerical limitation under paragraph (2). 
‘‘(B) TREATMENT OF REMAINING 25 PER-
CENT
FOR
COUNTRIES
SUBJECT
TO
SUB-
SECTION (e).— 
‘‘(i) IN GENERAL.—Of the visa num-
bers made available under section 203(a) 
in any fiscal year, 25 percent shall be 
available, in the case of a foreign state or 
dependent area that is subject to sub-
section (e) only to the extent that the total 
number of visas issued in accordance with 
subparagraph (A) to natives of the foreign 
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state or dependent area is less than the 
subsection (e) ceiling. 
‘‘(ii) SUBSECTION (e) CEILING
DE-
FINED.—In clause (i), the term ‘subsection 
(e) ceiling’ means, for a foreign state or 
dependent area, 77 percent of the max-
imum number of visas that may be made 
available under section 203(a) to immi-
grants who are natives of the state or area, 
consistent with subsection (e).’’; and 
(ii) by striking subparagraphs (C) and 
(D); and 
(B) in subsection (e)— 
(i) in paragraph (1), by adding ‘‘and’’ 
at the end; 
(ii) by striking paragraph (2); 
(iii) by redesignating paragraph (3) as 
paragraph (2); and 
(iv) in the undesignated matter after 
paragraph (2), as redesignated, by striking 
‘‘, respectively,’’ and all that follows and 
inserting a period. 
(3) PROCEDURE
FOR
GRANTING
IMMIGRANT 
STATUS.—Section 204 of such Act (8 U.S.C. 1154) 
is amended— 
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(A) in subsection (a)(1)— 
(i) in subparagraph (A)(i), by striking 
‘‘to classification by reason of a relation-
ship described in paragraph (1), (3), or (4) 
of section 203(a) or’’; 
(ii) in subparagraph (B)— 
(I) in clause (i), by redesignating 
the second subclause (I) as subclause 
(II); and 
(II) by striking ‘‘203(a)(2)(A)’’ 
each place such terms appear and in-
serting ‘‘203(a)’’; and 
(iii) in subparagraph (D)(i)(I), by 
striking ‘‘a petitioner’’ and all that follows 
through ‘‘section 204(a)(1)(B)(iii).’’ and 
inserting ‘‘an individual younger than 21 
years of age for purposes of adjudicating 
such petition and for purposes of admis-
sion as an immediate relative under section 
201(b)(2)(A)(i) or a family-sponsored im-
migrant under section 203(a), as appro-
priate, notwithstanding the actual age of 
the individual.’’; 
(B) in subsection (f)(1), by striking ‘‘, 
203(a)(1), or 203(a)(3), as appropriate’’; and 
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(C) by striking subsection (k). 
(4) WAIVERS
OF
INADMISSIBILITY.—Section 
212 of such Act (8 U.S.C. 1182) is amended— 
(A) in subsection (a)(6)(E)(ii), by striking 
‘‘section 203(a)(2)’’ and inserting ‘‘section 
203(a)’’; and 
(B) in subsection (d)(11), by striking 
‘‘(other than paragraph (4) thereof)’’. 
(5) EMPLOYMENT OF V NONIMMIGRANTS.—Sec-
tion 214(q)(1)(B)(i) 
of 
such 
Act 
(8 
U.S.C. 
1184(q)(1)(B)(i)) is amended by striking ‘‘section 
203(a)(2)(A)’’ each place such term appears and in-
serting ‘‘section 203(a)’’. 
(6) DEFINITION
OF
ALIEN
SPOUSE.—Section 
216(h)(1)(C) of such Act (8 U.S.C. 1186a(h)(1)(C)) 
is amended by striking ‘‘section 203(a)(2)’’ and in-
serting ‘‘section 203(a)’’. 
(7) CLASSES
OF
DEPORTABLE
ALIENS.—Sec-
tion 237(a)(1)(E)(ii) of such Act (8 U.S.C. 
1227(a)(1)(E)(ii)) is amended by striking ‘‘section 
203(a)(2)’’ and inserting ‘‘section 203(a)’’. 
(e) CREATION OF NONIMMIGRANT CLASSIFICATION 
FOR ALIEN PARENTS OF ADULT UNITED STATES CITI-
ZENS.— 
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(1) IN GENERAL.—Section 101(a)(15) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)) is amended— 
(A) in subparagraph (T)(ii)(III), by strik-
ing the period at the end and inserting a semi-
colon; 
(B) in subparagraph (U)(iii), by striking 
‘‘or’’ at the end; 
(C) in subparagraph (V)(ii)(II), by striking 
the period at the end and inserting ‘‘; or’’; and 
(D) by adding at the end the following: 
‘‘(W) Subject to section 214(s), an alien 
who is a parent of a citizen of the United 
States, if the citizen— 
‘‘(i) is at least 21 years of age; and 
‘‘(ii) has never received contingent 
nonimmigrant status under division D of 
the Securing America’s Future Act.’’. 
(2) CONDITIONS ON ADMISSION.—Section 214 
of such Act (8 U.S.C. 1184) is amended by adding 
at the end the following: 
‘‘(s)(1) The initial period of authorized admission for 
a nonimmigrant described in section 101(a)(15)(W) shall 
be 5 years, but may be extended by the Secretary of 
Homeland Security for additional 5-year periods if the 
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United States citizen son or daughter of the nonimmigrant 
is still residing in the United States. 
‘‘(2) A nonimmigrant described in section 
101(a)(15)(W)— 
‘‘(A) is not authorized to be employed in 
the United States; and 
‘‘(B) is not eligible for any Federal, State, 
or local public benefit. 
‘‘(3) Regardless of the resources of a non-
immigrant described in section 101(a)(15)(W), the 
United States citizen son or daughter who sponsored 
the nonimmigrant parent shall be responsible for the 
nonimmigrant’s support while the nonimmigrant re-
sides in the United States. 
‘‘(4) An alien is ineligible to receive a visa or 
to be admitted into the United States as a non-
immigrant described in section 101(a)(15)(W) unless 
the alien provides satisfactory proof that the United 
States citizen son or daughter has arranged for 
health insurance coverage for the alien, at no cost to 
the alien, during the anticipated period of the alien’s 
residence in the United States.’’. 
(f) EFFECTIVE DATE; APPLICABILITY.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall take effect on October 1, 2018. 
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(2) INVALIDITY
OF
CERTAIN
PETITIONS
AND 
APPLICATIONS.— 
(A) IN
GENERAL.—No person may file, 
and the Secretary of Homeland Security and 
the Secretary of State may not accept, adju-
dicate, or approve any petition under section 
204 of the Immigration and Nationality Act (8 
U.S.C. 1154) filed on or after the date of enact-
ment of this Act seeking classification of an 
alien under section 201(b)(2)(A)(i) with respect 
to a parent of a United States citizen, or under 
section 203(a)(1), (2)(B), (3) or (4) of such Act 
(8 U.S.C. 1151(b)(2)(A)(i), 1153(a)(1), (2)(B), 
(3), or (4)). Any application for adjustment of 
status or an immigrant visa based on such a 
petition shall be invalid. 
(B) PENDING
PETITIONS.—Neither the 
Secretary of Homeland Security nor the Sec-
retary of State may adjudicate or approve any 
petition under section 204 of the Immigration 
and Nationality Act (8 U.S.C. 1154) pending 
as of the date of enactment of this Act seeking 
classification 
of 
an 
alien 
under 
section 
201(b)(2)(A)(i) with respect to a parent of a 
United 
States 
citizen, 
or 
under 
section 
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203(a)(1), (2)(B), (3) or (4) of such Act (8 
U.S.C. 1151(b)(2)(A)(i), 1153(a)(1), (2)(B), 
(3), or (4)). Any application for adjustment of 
status or an immigrant visa based on such a 
petition shall be invalid. 
(3) APPLICABILITY
TO
WAITLISTED
APPLI-
CANTS.— 
(A) IN
GENERAL.—Notwithstanding the 
amendments made by this section, an alien with 
regard to whom a petition or application for 
status under paragraph (1), (2)(B), (3) or (4) 
of section 203(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(a)), as in effect on 
September 30, 2018, was approved prior to the 
date of the enactment of this Act, may be 
issued a visa pursuant to that paragraph in ac-
cordance with the availability of visas under 
subparagraph (B). 
(B) AVAILABILITY OF VISAS.—Visas may 
be issued to beneficiaries of approved petitions 
under each category described in subparagraph 
(A), but only until such time as the number of 
visas that would have been allocated to that 
category in fiscal year 2019, notwithstanding 
the amendments made by this section, have 
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been issued. When the number of visas de-
scribed in the previous sentence have been 
issued for each category described in subpara-
graph (A), no additional visas may be issued for 
that category. 
SEC. 1102. ELIMINATION OF DIVERSITY VISA PROGRAM. 
(a) IN GENERAL.—Section 203 of the Immigration 
and Nationality Act (8 U.S.C. 1153) is amended by strik-
ing subsection (c). 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) IMMIGRATION AND NATIONALITY ACT.—The 
Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) is amended— 
(A) in section 101(a)(15)(V), by striking 
‘‘section 
203(d)’’ 
and 
inserting 
‘‘section 
203(c)’’; 
(B) in section 201— 
(i) in subsection (a)— 
(I) in paragraph (1), by adding 
‘‘and’’ at the end; and 
(II) by striking paragraph (3); 
and 
(ii) by striking subsection (e); 
(C) in section 203— 
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(i) in subsection (b)(2)(B)(ii)(IV), by 
striking ‘‘section 203(b)(2)(B)’’ each place 
such term appears and inserting ‘‘clause 
(i)’’; 
(ii) by redesignating subsections (d), 
(e), (f), (g), and (h) as subsections (c), (d), 
(e), (f), and (g), respectively; 
(iii) in subsection (c), as redesignated, 
by striking ‘‘subsection (a), (b), or (c)’’ 
and inserting ‘‘subsection (a) or (b)’’; 
(iv) in subsection (d), as redesig-
nated— 
(I) by striking paragraph (2); 
and 
(II) by redesignating paragraph 
(3) as paragraph (2); 
(v) in subsection (e), as redesignated, 
by striking ‘‘subsection (a), (b), or (c) of 
this section’’ and inserting ‘‘subsection (a) 
or (b)’’; 
(vi) in subsection (f), as redesignated, 
by striking ‘‘subsections (a), (b), and (c)’’ 
and inserting ‘‘subsections (a) and (b)’’; 
and 
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(vii) in subsection (g), as redesig-
nated— 
(I) by striking ‘‘(d)’’ each place 
such term appears and inserting 
‘‘(c)’’; and 
(II) in paragraph (2)(B), by 
striking ‘‘subsection (a), (b), or (c)’’ 
and inserting ‘‘subsection (a) or (b)’’; 
(D) in section 204— 
(i) in subsection (a)(1), by striking 
subparagraph (I); 
(ii) in subsection (e), by striking ‘‘sub-
section (a), (b), or (c) of section 203’’ and 
inserting ‘‘subsection (a) or (b) of section 
203’’; and 
(iii) in subsection (l)(2)— 
(I) in subparagraph (B), by 
striking ‘‘section 203 (a) or (d)’’ and 
inserting ‘‘subsection (a) or (c) of sec-
tion 203’’; and 
(II) in subparagraph (C), by 
striking ‘‘section 203(d)’’ and insert-
ing ‘‘section 203(c)’’; 
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(E) in section 214(q)(1)(B)(i), by striking 
‘‘section 
203(d)’’ 
and 
inserting 
‘‘section 
203(c)’’; 
(F) in section 216(h)(1), in the undesig-
nated matter following subparagraph (C), by 
striking ‘‘section 203(d)’’ and inserting ‘‘section 
203(c)’’; and 
(G) in section 245(i)(1)(B), by striking 
‘‘section 
203(d)’’ 
and 
inserting 
‘‘section 
203(c)’’. 
(2) IMMIGRANT INVESTOR PILOT PROGRAM.— 
Section 610(d) of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1993 (Public Law 102– 
395) is amended by striking ‘‘section 203(e) of such 
Act (8 U.S.C. 1153(e))’’ and inserting ‘‘section 
203(d) of such Act (8 U.S.C. 1153(d))’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
fiscal year beginning on or after the date of the enactment 
of this Act. 
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SEC. 1103. EMPLOYMENT-BASED IMMIGRATION PRIOR-
ITIES. 
(a) INCREASE IN VISAS FOR SKILLED WORKERS.— 
The Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) is amended— 
(1) 
in 
section 
201(d)(1)(A), 
by 
striking 
‘‘140,000’’ and inserting ‘‘195,000’’; and 
(2) in section 203(b)— 
(A) in paragraph (1), by striking ‘‘28.6 
percent of such worldwide level’’ and inserting 
‘‘58,374’’; 
(B) in paragraphs (2) and (3), by striking 
‘‘28.6 percent of such worldwide level’’ each 
place it appears and inserting ‘‘58,373’’; and 
(C) by striking ‘‘7.1 percent of such world-
wide level’’ each place it appears and inserting 
‘‘9,940’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the first day of fiscal 
year 2019 and shall apply to the visas made available in 
that and subsequent fiscal years. 
SEC. 1104. WAIVER OF RIGHTS BY B VISA NONIMMIGRANTS. 
Section 101(a)(15)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(B)) is amended by 
adding before the semicolon at the end the following: ‘‘, 
and who has waived any right to review or appeal of an 
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immigration officer’s determination as to the admissibility 
of the alien at the port of entry into the United States, 
or to contest, other than on the basis of an application 
for asylum, any action for removal of the alien’’. 
TITLE II—AGRICULTURAL 
WORKER REFORM 
SEC. 2101. SHORT TITLE. 
This title may be cited as— 
(1) the ‘‘Agricultural Guestworker Act’’; or 
(2) the ‘‘AG Act’’. 
SEC. 2102. H–2C TEMPORARY AGRICULTURAL WORK VISA 
PROGRAM. 
(a) IN GENERAL.—Section 101(a)(15)(H) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
is amended by striking ‘‘; or (iii)’’ and inserting ‘‘, or (c) 
having a residence in a foreign country which he has no 
intention of abandoning who is coming temporarily to the 
United States to perform agricultural labor or services; or 
(iii)’’. 
(b) DEFINITION.—Section 101(a) of such Act (8 
U.S.C. 1101(a)) is amended by adding at the end the fol-
lowing: 
‘‘(53) The term ‘agricultural labor or services’ has 
the meaning given such term by the Secretary of Agri-
culture in regulations and includes— 
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‘‘(A) agricultural labor as defined in section 
3121(g) of the Internal Revenue Code of 1986; 
‘‘(B) agriculture as defined in section 3(f) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(f)); 
‘‘(C) the handling, planting, drying, packing, 
packaging, processing, freezing, or grading prior to 
delivery for storage of any agricultural or horti-
cultural commodity in its unmanufactured state; 
‘‘(D) all activities required for the preparation, 
processing or manufacturing of a product of agri-
culture (as such term is defined in such section 3(f)) 
for further distribution; 
‘‘(E) forestry-related activities; 
‘‘(F) aquaculture activities; and 
‘‘(G) the primary processing of fish or shellfish, 
except that in regard to labor or services consisting 
of meat or poultry processing, the term ‘agricultural 
labor or services’ only includes the killing of animals 
and the breakdown of their carcasses.’’. 
SEC. 2103. ADMISSION OF TEMPORARY H–2C WORKERS. 
(a) PROCEDURE FOR ADMISSION.—Chapter 2 of title 
II of the Immigration and Nationality Act (8 U.S.C. 1181 
et seq.) is amended by inserting after section 218 the fol-
lowing: 
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‘‘SEC. 218A. ADMISSION OF TEMPORARY H–2C WORKERS. 
‘‘(a) DEFINITIONS.—In this section and section 
218B: 
‘‘(1) DISPLACE.—The term ‘displace’ means to 
lay off a United States worker from the job for 
which H–2C workers are sought. 
‘‘(2) JOB.—The term ‘job’ refers to all posi-
tions with an employer that— 
‘‘(A) involve essentially the same respon-
sibilities; 
‘‘(B) are held by workers with substan-
tially equivalent qualifications and experience; 
and 
‘‘(C) are located in the same place or 
places of employment. 
‘‘(3) EMPLOYER.—The term ‘employer’ includes 
a single or joint employer, including an association 
acting as a joint employer with its members, who 
hires workers to perform agricultural labor or serv-
ices. 
‘‘(4) 
FORESTRY-RELATED
ACTIVITIES.—The 
term ‘forestry-related activities’ includes tree plant-
ing, timber harvesting, logging operations, brush 
clearing, vegetation management, herbicide applica-
tion, the maintenance of rights-of-way (including for 
roads, trails, and utilities), regardless of whether 
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such right-of-way is on forest land, and the har-
vesting of pine straw. 
‘‘(5) H–2C WORKER.—The term ‘H–2C worker’ 
means 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(c). 
‘‘(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 (4) 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-
lar position with the same employer at 
equivalent or higher wages and benefits 
than the position from which the employee 
was discharged, regardless of whether or 
not the employee accepts the offer. 
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‘‘(B) CONSTRUCTION.—Nothing in this 
paragraph is intended to limit an employee’s 
rights under a collective bargaining agreement 
or other employment contract. 
‘‘(7) UNITED
STATES
WORKER.—The term 
‘United States worker’ means any worker who is— 
‘‘(A) a citizen or national of the United 
States; or 
‘‘(B) an alien who is lawfully admitted for 
permanent residence, is admitted as a refugee 
under section 207, or is granted asylum under 
section 208. 
‘‘(8) SPECIAL
PROCEDURES
INDUSTRY.—The 
term ‘special procedures industry’ includes sheep-
herding, goat herding, and the range production of 
livestock, itinerant commercial beekeeping and polli-
nation, itinerant animal shearing, and custom com-
bining and harvesting. 
‘‘(b) PETITION.—An employer that seeks to employ 
aliens as H–2C workers under this section shall file with 
the Secretary of Homeland Security a petition attesting 
to the following: 
‘‘(1) OFFER OF EMPLOYMENT.—The employer 
will offer employment to the aliens on a contractual 
basis as H–2C workers under this section for a spe-
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cific period of time during which the aliens may not 
work on an at-will basis (as provided for in section 
218B), and such contract shall only be required to 
include a description of each place of employment, 
period of employment, wages and other benefits to 
be provided, and the duties of the positions. 
‘‘(2) TEMPORARY LABOR OR SERVICES.— 
‘‘(A) IN GENERAL.—The employer is seek-
ing to employ a specific number of H–2C work-
ers on a temporary basis and will provide com-
pensation to such workers at a wage rate no 
less than that set forth in subsection (k)(2). 
‘‘(B) DEFINITION.—For purposes of this 
paragraph, a worker is employed on a tem-
porary basis if the employer intends to employ 
the worker for no longer than the time period 
set forth in subsection (n)(1) (subject to the ex-
ceptions in subsection (n)(3)). 
‘‘(3) BENEFITS, WAGES, AND WORKING CONDI-
TIONS.—The employer will provide, at a minimum, 
the benefits, wages, and working conditions required 
by subsection (k) to all workers employed in the job 
for which the H–2C workers are sought. 
‘‘(4) NONDISPLACEMENT
OF
UNITED
STATES 
WORKERS.—The employer did not displace and will 
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not displace United States workers employed by the 
employer during the period of employment of the H– 
2C workers and during the 30-day period imme-
diately preceding such period of employment in the 
job for which the employer seeks approval to employ 
H–2C workers. 
‘‘(5) RECRUITMENT.— 
‘‘(A) IN GENERAL.—The employer— 
‘‘(i) conducted adequate recruitment 
before filing the petition; and 
‘‘(ii) was unsuccessful in locating suf-
ficient numbers of willing and qualified 
United States workers for the job for 
which the H–2C workers are sought. 
‘‘(B) OTHER
REQUIREMENTS.—The re-
cruitment requirement under subparagraph (A) 
is satisfied if the employer places a local job 
order with the State workforce agency serving 
each place of employment, except that nothing 
in this subparagraph shall require the employer 
to file an interstate job order under section 653 
of title 20, Code of Federal Regulations. The 
State workforce agency shall post the job order 
on its official agency website for a minimum of 
30 days and not later than 3 days after receipt 
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using the employment statistics system author-
ized under section 15 of the Wagner-Peyser Act 
(29 U.S.C. 49l–2). The Secretary of Labor 
shall include links to the official Web sites of all 
State workforce agencies on a single webpage of 
the official Web site of the Department of 
Labor. 
‘‘(C) END
OF
RECRUITMENT
REQUIRE-
MENT.—The requirement to recruit United 
States workers for a job shall terminate on the 
first day that work begins for the H–2C work-
ers. 
‘‘(6) OFFERS TO UNITED STATES WORKERS.— 
The employer has offered or will offer the job for 
which the H–2C workers are sought to any eligible 
United States workers who— 
‘‘(A) apply; 
‘‘(B) are qualified for the job; and 
‘‘(C) will be available at the time, at each 
place, and for the duration, of need. 
This requirement shall not apply to United States 
workers who apply for the job on or after the first 
day that work begins for the H–2C workers. 
‘‘(7) PROVISION OF INSURANCE.—If the job for 
which the H–2C workers are sought is not covered 
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by State workers’ compensation law, the employer 
will provide, at no cost to the workers unless State 
law provides otherwise, insurance covering injury 
and disease arising out of, and in the course of, the 
workers’ employment, which will provide benefits at 
least equal to those provided under the State work-
ers compensation law for comparable employment. 
‘‘(8) STRIKE OR LOCKOUT.—The job that is the 
subject of the petition is not vacant because the 
former workers in that job are on strike or locked 
out in the course of a labor dispute. 
‘‘(c) PUBLIC EXAMINATION.—Not later than 1 work-
ing day after the date on which a petition under this sec-
tion is filed, the employer shall make the petition available 
for public examination, at the employer’s principal place 
of employment. 
‘‘(d) LIST.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall maintain a list of the petitions filed 
under this subsection, which shall— 
‘‘(A) be sorted by employer; and 
‘‘(B) include the number of H–2C workers 
sought, the wage rate, the period of employ-
ment, each place of employment, and the date 
of need for each alien. 
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‘‘(2) AVAILABILITY.—The Secretary of Home-
land Security shall make the list available for public 
examination. 
‘‘(e) PETITIONING FOR ADMISSION.— 
‘‘(1) CONSIDERATION OF PETITIONS.—For peti-
tions filed and considered under this subsection— 
‘‘(A) the Secretary of Homeland Security 
may not require such petition to be filed more 
than 28 days before the first date the employer 
requires the labor or services of H–2C workers; 
‘‘(B) within the appropriate time period 
under subparagraph (C) or (D), the Secretary 
of Homeland Security shall— 
‘‘(i) approve the petition; 
‘‘(ii) reject the petition; or 
‘‘(iii) determine that the petition is in-
complete or obviously inaccurate or that 
the employer has not complied with the re-
quirements 
of 
subsection 
(b)(5)(A)(i) 
(which the Secretary can ascertain by 
verifying whether the employer has placed 
a local job order as provider for in sub-
section (b)(5)(B)); 
‘‘(C) if the Secretary determines that the 
petition is incomplete or obviously inaccurate, 
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or that the employer has not complied with the 
requirements of subsection (b)(5)(A)(i) (which 
the Secretary can ascertain by verifying wheth-
er the employer has placed a local job order as 
provider for in subsection (b)(5)(B)), the Sec-
retary shall— 
‘‘(i) within 5 business days of receipt 
of the petition, notify the petitioner of the 
deficiencies to be corrected by means en-
suring same or next day delivery; and 
‘‘(ii) within 5 business days of receipt 
of the corrected petition, approve or reject 
the petition and provide the petitioner with 
notice of such action by means ensuring 
same or next day delivery; and 
‘‘(D) if the Secretary does not determine 
that the petition is incomplete or obviously inac-
curate, the Secretary shall not later than 10 
business days after the date on which such peti-
tion was filed, either approve or reject the peti-
tion and provide the petitioner with notice of 
such action by means ensuring same or next 
day delivery. 
‘‘(2) ACCESS.—By filing an H–2C petition, the 
petitioner and each employer (if the petitioner is an 
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association that is a joint employer of workers who 
perform agricultural labor or services) consent to 
allow access to each place of employment to the De-
partment of Agriculture and the Department of 
Homeland Security for the purpose of investigations 
and audits to determine compliance with the immi-
gration laws (as defined in section 101(a)(17)). 
‘‘(f) ROLES OF AGRICULTURAL ASSOCIATIONS.— 
‘‘(1) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association is a joint employer 
of workers who perform agricultural labor or serv-
ices, H–2C workers may be transferred among its 
members to perform the agricultural labor or serv-
ices on a temporary basis for which the petition was 
approved. 
‘‘(2) TREATMENT OF VIOLATIONS.— 
‘‘(A) INDIVIDUAL
MEMBER.—If an indi-
vidual member of an association that is a joint 
employer commits a violation described in para-
graph (2) or (3) of subsection (i) or subsection 
(j)(1), the Secretary of Agriculture shall invoke 
penalties pursuant to subsections (i) and (j) 
against only that member of the association un-
less the Secretary of Agriculture determines 
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that the association participated in, had knowl-
edge of, or had reason to know of the violation. 
‘‘(B) ASSOCIATION OF AGRICULTURAL EM-
PLOYERS.—If an association that is a joint em-
ployer commits a violation described in sub-
sections (i)(2) and (3) or (j)(1), the Secretary 
of Agriculture shall invoke penalties pursuant 
to subsections (i) and (j) against only the asso-
ciation and not any individual members of the 
association, unless the Secretary determines 
that the member participated in the violation. 
‘‘(g) EXPEDITED ADMINISTRATIVE APPEALS.—The 
Secretary of Homeland Security shall promulgate regula-
tions to provide for an expedited procedure for the review 
of a denial of a petition under this section by the Sec-
retary. At the petitioner’s request, the review shall include 
a de novo administrative hearing at which new evidence 
may be introduced. 
‘‘(h) FEES.—The Secretary of Homeland Security 
shall require, as a condition of approving the petition, the 
payment of a fee to recover the reasonable cost of proc-
essing the petition. 
‘‘(i) ENFORCEMENT.— 
‘‘(1) INVESTIGATIONS AND AUDITS.—The Sec-
retary of Agriculture shall be responsible for con-
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ducting investigations and audits, including random 
audits, of employers to ensure compliance with the 
requirements of the H–2C program. All monetary 
fines levied against employers shall be paid to the 
Department of Agriculture and used to enhance the 
Department of Agriculture’s investigative and audit-
ing abilities to ensure compliance by employers with 
their obligations under this section. 
‘‘(2) VIOLATIONS.—If the Secretary of Agri-
culture finds, after notice and opportunity for a 
hearing, a failure to fulfill an attestation required by 
this subsection, or a material misrepresentation of a 
material fact in a petition under this subsection, the 
Secretary— 
‘‘(A) may impose such administrative rem-
edies (including civil money penalties in an 
amount not to exceed $1,000 per violation) as 
the Secretary determines to be appropriate; and 
‘‘(B) may disqualify the employer from the 
employment of H–2C workers for a period of 1 
year. 
‘‘(3) WILLFUL VIOLATIONS.—If the Secretary 
of Agriculture finds, after notice and opportunity for 
a hearing, a willful failure to fulfill an attestation re-
quired by this subsection, or a willful misrepresenta-
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tion of a material fact in a petition under this sub-
section, the Secretary— 
‘‘(A) may impose such administrative rem-
edies (including civil money penalties in an 
amount not to exceed $5,000 per violation, or 
not to exceed $15,000 per violation if in the 
course of such failure or misrepresentation the 
employer displaced one or more United States 
workers employed by the employer during the 
period of employment of H–2C workers or dur-
ing the 30-day period immediately preceding 
such period of employment) in the job the H– 
2C workers are performing as the Secretary de-
termines to be appropriate; 
‘‘(B) may disqualify the employer from the 
employment of H–2C workers for a period of 2 
years; 
‘‘(C) may, for a subsequent failure to fulfill 
an attestation required by this subsection, or a 
misrepresentation of a material fact in a peti-
tion under this subsection, disqualify the em-
ployer from the employment of H–2C workers 
for a period of 5 years; and 
‘‘(D) may, for a subsequent willful failure 
to fulfill an attestation required by this sub-
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section, or a willful misrepresentation of a ma-
terial fact in a petition under this subsection, 
permanently disqualify the employer from the 
employment of H–2C workers. 
‘‘(j) FAILURE TO PAY WAGES OR REQUIRED BENE-
FITS.— 
‘‘(1) IN GENERAL.—If the Secretary of Agri-
culture finds, after notice and opportunity for a 
hearing, that the employer has failed to provide the 
benefits, wages, and working conditions that the em-
ployer has attested that it would provide under this 
subsection, the Secretary shall require payment of 
back wages, or such other required benefits, due any 
United States workers or H–2C workers employed 
by the employer. 
‘‘(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 workers; 
and 
‘‘(B) shall be distributed to the workers to 
whom such wages or benefits are due. 
‘‘(k) MINIMUM WAGES, BENEFITS, AND WORKING 
CONDITIONS.— 
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‘‘(1) PREFERENTIAL
TREATMENT
OF
H–2C 
WORKERS PROHIBITED.— 
‘‘(A) IN GENERAL.—Each employer seek-
ing to hire United States workers for the job 
the H–2C workers will perform shall offer such 
United States workers not less than the same 
benefits, wages, and working conditions that the 
employer will provide to the H–2C workers. No 
job offer may impose on United States workers 
any restrictions or obligations which will not be 
imposed on H–2C 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– 
2C workers to travel or relocate in order to 
accept or perform employment— 
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‘‘(I) mutually benefit such work-
ers, as well as their families, and em-
ployers; and 
‘‘(II) principally benefit neither 
employer nor employee; and 
‘‘(ii) employment opportunities within 
the United States benefit the United 
States economy. 
‘‘(2) REQUIRED WAGES.— 
‘‘(A) IN GENERAL.—Each employer peti-
tioning for H–2C workers under this subsection 
(other than in the case of workers who will per-
form agricultural labor or services consisting of 
meat or poultry processing) will offer the H–2C 
workers, during the period of authorized em-
ployment as H–2C workers, wages that are at 
least the greatest of— 
‘‘(i) the applicable State or local min-
imum wage; 
‘‘(ii) 115 percent of the Federal min-
imum wage, or 150 percent of the Federal 
minimum wage; or 
‘‘(iii) the actual wage level paid by the 
employer to all other individuals in the job. 
‘‘(B) SPECIAL RULES.— 
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‘‘(i) ALTERNATE WAGE PAYMENT SYS-
TEMS.—An employer can utilize a piece 
rate or other alternative wage payment 
system so long as the employer guarantees 
each worker a wage rate that equals or ex-
ceeds the amount required under subpara-
graph (A) for the total hours worked in 
each pay period. Compensation from a 
piece rate or other alternative wage pay-
ment system shall include time spent dur-
ing rest breaks, moving from job to job, 
clean up, or any other nonproductive time, 
provided that such time does not exceed 20 
percent of the total hours in the work day. 
‘‘(ii) 
MEAT
OR
POULTRY
PROC-
ESSING.—Each employer petitioning for 
H–2C workers under this subsection who 
will perform agricultural labor or services 
consisting of meat or poultry processing 
will offer the H–2C workers, during the 
period of authorized employment as H–2C 
workers, wages that are at least the great-
est of— 
‘‘(I) the applicable State or local 
minimum wage; 
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‘‘(II) 115 percent of the Federal 
minimum wage; 
‘‘(III) the prevailing wage level 
for the occupational classification in 
the area of employment; or 
‘‘(IV) the actual wage level paid 
by the employer to all other individ-
uals in the job. 
‘‘(3) EMPLOYMENT GUARANTEE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) REQUIREMENT.—Each employer 
petitioning for workers under this sub-
section shall guarantee to offer the H–2C 
workers and United States workers per-
forming the same job employment for the 
hourly equivalent of not less than 50 per-
cent of the work hours set forth in the 
work contract. 
‘‘(ii) 
FAILURE
TO
MEET
GUAR-
ANTEE.—If 
an 
employer 
affords 
the 
United States workers or the H–2C work-
ers less employment than that required 
under this subparagraph, the employer 
shall pay such workers the amount which 
the workers would have earned if the work-
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ers had worked for the guaranteed number 
of hours. 
‘‘(B) 
CALCULATION
OF
HOURS.—Any 
hours which workers fail to work, up to a max-
imum of the number of hours specified in the 
work contract for a work day, when the workers 
have been offered an opportunity to do so, and 
all hours of work actually performed (including 
voluntary work in excess of the number of 
hours specified in the work contract in a work 
day) may be counted by the employer in calcu-
lating whether the period of guaranteed employ-
ment has been met. 
‘‘(C) LIMITATION.—If the workers aban-
don employment before the end of the work 
contract period, or are terminated for cause, 
the workers are not entitled to the 50 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 work contract, the services of 
the workers are no longer required due to 
any form of natural disaster, including 
flood, hurricane, freeze, earthquake, fire, 
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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 workers’ employment. 
‘‘(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 and ending on the date on which 
such employment is terminated; 
‘‘(II) make efforts to transfer the 
worker to other comparable employ-
ment acceptable to the worker; and 
‘‘(III) not later than 72 hours 
after termination, notify the Secretary 
of Agriculture of such termination 
and stating the nature of the contract 
impossibility. 
‘‘(l) NONDELEGATION.—The Department of Agri-
culture and the Department of Homeland Security shall 
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not delegate their investigatory, enforcement, or adminis-
trative functions relating to this section or section 218B 
to other agencies or departments of the Federal Govern-
ment. 
‘‘(m) COMPLIANCE WITH BIO-SECURITY PROTO-
COLS.—Except in the case of an imminent threat to health 
or safety, any personnel from a Federal agency or Federal 
grantee seeking to determine the compliance of an em-
ployer with the requirements of this section or section 
218B shall, when visiting such employer’s place of employ-
ment, make their presence known to the employer and 
sign-in in accordance with reasonable bio-security proto-
cols before proceeding to any other area of the place of 
employment. 
‘‘(n) LIMITATION ON H–2C WORKERS’ STAY IN STA-
TUS.— 
‘‘(1) MAXIMUM PERIOD.—The maximum con-
tinuous period of authorized status as an H–2C 
worker (including any extensions) is 18 months for 
workers employed in a job that is of a temporary or 
seasonal nature. For H–2C workers employed in a 
job that is not of a temporary or seasonal nature, 
the initial maximum continuous period of authorized 
status is 36 months and subsequent maximum con-
tinuous periods of authorized status are 18 months. 
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‘‘(2) REQUIREMENT TO REMAIN OUTSIDE THE 
UNITED STATES.—In the case of H–2C workers who 
were employed in a job of a temporary or seasonal 
nature whose maximum continuous period of author-
ized status as H–2C workers (including any exten-
sions) have expired, the aliens may not again be eli-
gible to be H–2C workers until they remain outside 
the United States for a continuous period equal to 
at least 1⁄12 of the duration of their previous period 
of authorized status an H–2C workers. For H–2C 
workers who were employed in a job not of a tem-
porary or seasonal nature whose maximum contin-
uous period of authorized status as H–2C workers 
(including any extensions) have expired, the aliens 
may not again be eligible to be H–2C workers until 
they remain outside the United States for a contin-
uous period equal to at least the lesser of 1⁄12 of the 
duration of their previous period of authorized sta-
tus as H–2C workers or 45 days. 
‘‘(3) EXCEPTIONS.— 
‘‘(A) The Secretary of Homeland Security 
shall deduct absences from the United States 
that take place during an H–2C worker’s period 
of authorized status from the period that the 
alien is required to remain outside the United 
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States under paragraph (2), if the alien or the 
alien’s employer requests such a deduction, and 
provides clear and convincing proof that the 
alien qualifies for such a deduction. Such proof 
shall consist of evidence such as arrival and de-
parture records, copies of tax returns, and 
records of employment abroad. 
‘‘(B) There is no maximum continuous pe-
riod of authorized status as set forth in para-
graph (1) or a requirement to remain outside 
the United States as set forth in paragraph (2) 
for H–2C workers employed as a sheepherder, 
goatherder, in the range production of livestock, 
or who return to the workers’ permanent resi-
dence outside the United States each day. 
‘‘(o) PERIOD OF ADMISSION.— 
‘‘(1) IN
GENERAL.—In addition to the max-
imum continuous period of authorized status, work-
ers’ authorized period of admission shall include— 
‘‘(A) a period of not more than 7 days 
prior to the beginning of authorized employ-
ment as H–2C workers for the purpose of travel 
to the place of employment; and 
‘‘(B) a period of not more than 14 days 
after the conclusion of their authorized employ-
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ment for the purpose of departure from the 
United States or a period of not more than 30 
days following the employment for the purpose 
of seeking a subsequent offer of employment by 
an employer pursuant to a petition under this 
section (or pursuant to at-will employment 
under section 218B during such times as that 
section is in effect) if they have not reached 
their maximum continuous period of authorized 
employment under subsection (n) (subject to 
the exceptions in subsection (n)(3)) unless they 
accept subsequent offers of employment as H– 
2C workers or are otherwise lawfully present. 
‘‘(2) FAILURE
TO
DEPART.—H–2C workers 
who do not depart the United States within the peri-
ods referred to in paragraph (1) will be considered 
to have failed to maintain nonimmigrant status as 
H–2C workers and shall be subject to removal under 
section 237(a)(1)(C)(i). Such aliens shall be consid-
ered to be inadmissible pursuant to section 
212(a)(9)(B)(i) for having been unlawfully present, 
with the aliens considered to have been unlawfully 
present for 181 days as of the 15th day following 
their period of employment for the purpose of depar-
ture or as of the 31st day following their period of 
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employment for the purpose of seeking subsequent 
offers of employment. 
‘‘(p) ABANDONMENT OF EMPLOYMENT.— 
‘‘(1) REPORT BY EMPLOYER.—Not later than 
72 hours after an employer learns of the abandon-
ment of employment by H–2C workers before the 
conclusion of their work contracts, the employer 
shall notify the Secretary of Agriculture and the 
Secretary of Homeland Security of such abandon-
ment. 
‘‘(2) REPLACEMENT OF ALIENS.—An employer 
may designate eligible aliens to replace H–2C work-
ers who abandon employment notwithstanding the 
numerical limitation found in section 214(g)(1)(C). 
‘‘(q) CHANGE TO H–2C STATUS.— 
‘‘(1) WAIVER.—In the case of an alien de-
scribed in paragraph (4), the Secretary of Homeland 
Security shall waive the ground of inadmissibility 
under paragraphs (6)(C) and (9)(B) of section 
212(a) with respect to conduct that occurred prior 
to the alien first receiving status as an H–2C work-
er, solely in order to provide the alien with such sta-
tus. 
‘‘(2) ALIEN DESCRIBED.—An alien described in 
this paragraph is an alien who— 
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‘‘(A) was unlawfully present in the United 
States on October 23, 2017; 
‘‘(B) performed agricultural labor or serv-
ices in the United States for at least 5.75 hours 
during each of at least 180 days during the 2- 
year period ending on October 23, 2017; and 
‘‘(C) has departed the United States with-
in 180 days of the issuance of final rules car-
rying out the AG Act, and remains outside the 
United States. 
‘‘(r) TRUST FUND TO ASSURE WORKER RETURN.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a trust fund (in 
this section referred to as the ‘Trust Fund’) for the 
purpose of providing a monetary incentive for H–2C 
workers to return to their country of origin upon ex-
piration of their visas. 
‘‘(2) WITHHOLDING OF WAGES; PAYMENT INTO 
THE TRUST FUND.— 
‘‘(A) IN
GENERAL.—Notwithstanding the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) and State and local wage laws, all 
employers of H–2C workers shall withhold from 
the wages of all H–2C workers other than those 
employed as sheepherders, goatherders, in the 
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range production of livestock, or who return to 
the their permanent residence outside the 
United States each day, an amount equivalent 
to 10 percent of the gross wages of each worker 
in each pay period and, on behalf of each work-
er, transfer such withheld amount to the Trust 
Fund. 
‘‘(B) JOBS
THAT
ARE
NOT
OF
A
TEM-
PORARY OR SEASONAL NATURE.—Employers of 
H–2C workers employed in jobs that are not of 
a temporary or seasonal nature, other than 
those employed as a sheepherder, goatherder, or 
in the range production of livestock, shall also 
pay into the Trust Fund an amount equivalent 
to the Federal tax on the wages paid to H–2C 
workers that the employer would be obligated to 
pay under chapters 21 and 23 of the Internal 
Revenue Code of 1986 had the H–2C workers 
been subject to such chapters. 
‘‘(3) DISTRIBUTION OF FUNDS.—Amounts paid 
into the Trust Fund on behalf of an H–2C worker, 
and held pursuant to paragraph (2)(A) and interest 
earned thereon, shall be transferred from the Trust 
Fund to the Secretary of Homeland Security, who 
shall distribute them to the worker if the worker— 
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‘‘(A) applies to the Secretary of Homeland 
Security (or the designee of the Secretary) for 
payment within 120 days of the expiration of 
the alien’s last authorized stay in the United 
States as an H–2C worker, for which they seek 
amounts from the Trust Fund; 
‘‘(B) establishes to the satisfaction of the 
Secretary of Homeland Security that they have 
complied with the terms and conditions of the 
H–2C program; 
‘‘(C) once approved by the Secretary of 
Homeland Security for payment, physically ap-
pears at a United States embassy or consulate 
in the worker’s home country; and 
‘‘(D) establishes their identity to the satis-
faction of the Secretary of Homeland Security. 
‘‘(4) 
ADMINISTRATIVE
EXPENSES.—The 
amounts paid into the Trust Fund and held pursu-
ant to paragraph (2)(B), and interest earned there-
on, shall be distributed annually to the Secretary of 
Agriculture and the Secretary of Homeland Security 
in amounts proportionate to the expenses incurred 
by such officials in the administration and enforce-
ment of the terms of the H–2C program. 
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‘‘(5) LAW
ENFORCEMENT.—Notwithstanding 
any other provision of law, amounts paid into the 
Trust Fund under paragraph (2), and interest 
earned thereon, that are not needed to carry out 
paragraphs (3) and (4) shall, to the extent provided 
in advance in appropriations Acts, be made available 
until expended without fiscal year limitation to the 
Secretary of Homeland Security to apprehend, de-
tain, and remove aliens inadmissible to or deportable 
from the United States. 
‘‘(6) INVESTMENT OF TRUST FUND.— 
‘‘(A) IN GENERAL.—It shall be the duty of 
the Secretary of the Treasury to invest such 
portion of the Trust Fund as is not, in the Sec-
retary’s judgment, required to meet current 
withdrawals. Such investments may be made 
only in interest-bearing obligations of the 
United States or in obligations guaranteed as to 
both principal and interest by the United 
States. 
‘‘(B) CREDITS TO TRUST FUND.—The in-
terest on, and the proceeds from the sale or re-
demption of, any obligations held in the Trust 
Fund shall be credited to and form a part of 
the Trust Fund. 
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‘‘(C) REPORT TO CONGRESS.—It shall be 
the duty of the Secretary of the Treasury to 
hold the Trust Fund, and (after consultation 
with the Secretary of Homeland Security) to re-
port to the Congress each year on the financial 
condition and the results of the operations of 
the Trust Fund during the preceding fiscal year 
and on its expected condition and operations 
during the next fiscal year. Such report shall be 
printed as both a House and a Senate docu-
ment of the session of the Congress in which 
the report is made. 
‘‘(s) PROCEDURES FOR SPECIAL PROCEDURES IN-
DUSTRIES.— 
‘‘(1) WORK
LOCATIONS.—The Secretary of 
Homeland Security shall permit an employer in a 
Special Procedures Industry that does not operate at 
a single fixed place of employment to provide, as 
part of its petition, a list of places of employment, 
which— 
‘‘(A) may include an itinerary; and 
‘‘(B) may be subsequently amended at any 
time by the employer, after notice to the Sec-
retary. 
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‘‘(2) 
WAGES.—Notwithstanding 
subsection 
(k)(2), the Secretary of Agriculture may establish 
monthly, weekly, or biweekly wage rates for occupa-
tions in a Special Procedures Industry for a State 
or other geographic area. For an employer in a Spe-
cial Procedures Industry that typically pays a 
monthly wage, the Secretary shall require that H– 
2C workers be paid not less frequently than monthly 
and at a rate no less than the legally required 
monthly cash wage in an amount as re-determined 
annually by the Secretary. 
‘‘(3) ALLERGY LIMITATION.—An employer en-
gaged in the commercial beekeeping or pollination 
services industry may require that job applicants be 
free from bee-related allergies, including allergies to 
pollen and bee venom.’’. 
(b) AT-WILL EMPLOYMENT.—Chapter 2 of title II of 
the Immigration and Nationality Act (8 U.S.C. 1181 et 
seq.) is amended by inserting after section 218A (as in-
serted by subsection (a) of this section) the following: 
‘‘SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H–2C 
WORKERS. 
‘‘(a) IN GENERAL.—An employer that is designated 
as a ‘registered agricultural employer’ pursuant to sub-
section (c) may employ aliens as H–2C workers. However, 
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an H–2C worker may only perform labor or services pur-
suant to this section if the worker is already lawfully 
present in the United States as an H–2C worker, having 
been admitted or otherwise provided nonimmigrant status 
pursuant to section 218A, and has completed the period 
of employment specified in the job offer the worker accept-
ed pursuant to section 218A or the employer has termi-
nated the worker’s employment pursuant to section 
218A(k)(3)(D)(i). An H–2C worker who abandons the em-
ployment which was the basis for admission or status pur-
suant to section 218A may not perform labor or services 
pursuant to this section until the worker has returned to 
their home country, been readmitted as an H–2C worker 
pursuant to section 218A and has completed the period 
of employment specified in the job offer the worker accept-
ed pursuant to section 218A or the employer has termi-
nated the worker’s employment pursuant to section 
218A(k)(3)(D)(i). 
‘‘(b) PERIOD OF STAY.—H–2C workers performing 
at-will labor or services for a registered agricultural em-
ployer are subject to the period of admission, limitation 
of stay in status, and requirement to remain outside the 
United States contained in subsections (o) and (n) of sec-
tion 218A, except that subsection (n)(3)(A) does not 
apply. 
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‘‘(c) REGISTERED AGRICULTURAL EMPLOYERS.— 
The Secretary of Agriculture shall establish a process to 
accept and adjudicate applications by employers to be des-
ignated as registered agricultural employers. The Sec-
retary shall require, as a condition of approving the appli-
cation, the payment of a fee to recover the reasonable cost 
of processing the application. The Secretary shall des-
ignate an employer as a registered agricultural employer 
if the Secretary determines that the employer— 
‘‘(1) employs (or plans to employ) individuals 
who perform agricultural labor or services; 
‘‘(2) has not been subject to debarment from 
receiving temporary agricultural labor certifications 
pursuant to section 101(a)(15)(H)(ii)(a) within the 
last three years; 
‘‘(3) has not been subject to disqualification 
from the employment of H–2C workers within the 
last five years; 
‘‘(4) agrees to, if employing H–2C workers pur-
suant to this section, fulfill the attestations con-
tained in section 218A(b) as if it had submitted a 
petition making those attestations (excluding sub-
section (k)(3) of such section) and not to employ H– 
2C workers who have reached their maximum con-
tinuous period of authorized status under section 
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218A(n) (subject to the exceptions contained in sec-
tion 218A(n)(3)) or if the workers have complied 
with the terms of section 218A(n)(2); and 
‘‘(5) agrees to notify the Secretary of Agri-
culture and the Secretary of Homeland Security 
each time it employs H–2C workers pursuant to this 
section within 72 hours of the commencement of em-
ployment and within 72 hours of the cessation of 
employment. 
‘‘(d) LENGTH OF DESIGNATION.—An employer’s des-
ignation as a registered agricultural employer shall be 
valid for 3 years, and the Secretary may extend such des-
ignation for additional 3-year terms upon the reapplication 
of the employer. The Secretary shall revoke a designation 
before the expiration of its 3-year term if the employer 
is subject to disqualification from the employment of H– 
2C workers subsequent to being designated as a registered 
agricultural employer. 
‘‘(e) ENFORCEMENT.—The Secretary of Agriculture 
shall be responsible for conducting investigations and au-
dits, including random audits, of employers to ensure com-
pliance with the requirements of this section. All monetary 
fines levied against employers shall be paid to the Depart-
ment of Agriculture and used to enhance the Department 
of Agriculture’s investigatory and audit abilities to ensure 
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compliance by employers with their obligations under this 
section and section 218A. The Secretary of Agriculture’s 
enforcement powers and an employer’s liability described 
in subsections (i) through (j) of section 218A are applica-
ble to employers employing H–2C workers pursuant to 
this section.’’. 
(c) PROHIBITION
ON FAMILY MEMBERS.—Section 
101(a)(15)(H) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)) is amended by striking ‘‘him;’’ at 
the end and inserting ‘‘him, except that no spouse or child 
may be admitted under clause (ii)(c);’’. 
(d) NUMERICAL CAP.—Section 214(g)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1184(g)(1)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(C) under section 101(a)(15)(H)(ii)(c)— 
‘‘(i) except as otherwise provided under 
this subparagraph, may not exceed 40,000 for 
aliens issued visas or otherwise provided non-
immigrant status under such section for the 
purpose of performing agricultural labor or 
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services consisting or meat or poultry proc-
essing; 
‘‘(ii) except as otherwise provided under 
this subparagraph, may not exceed 410,000 for 
aliens issued visas or otherwise provided non-
immigrant status under such section for the 
purpose of performing agricultural labor or 
services other than agricultural labor or services 
consisting of meat or poultry processing; 
‘‘(iii) if the base allocation under clause (i) 
or (ii) is exhausted during any fiscal year, the 
base allocation under such clause for that and 
subsequent fiscal years shall be increased by the 
lesser of 10 percent or a percentage rep-
resenting the number of petitioned-for aliens 
(as a percentage of the base allocation) who 
would be eligible to be issued visas or otherwise 
provided nonimmigrant status described in that 
clause during that fiscal year but for the base 
allocation being exhausted, and if the increased 
base allocation is itself exhausted during a sub-
sequent fiscal year, the base allocation for that 
and subsequent fiscal years shall be further in-
creased by the lesser of 10 percent or a percent-
age representing the number of petitioned-for 
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aliens (as a percentage of the increased base al-
location) who would be eligible to be issued 
visas or otherwise provided nonimmigrant sta-
tus described in that clause during that fiscal 
year but for the increased base allocation being 
exhausted (subject to clause (iv)); 
‘‘(iv) if the base allocation under clause (i) 
or (ii) is not exhausted during any fiscal year, 
the base allocation under such clause for subse-
quent fiscal years shall be decreased by the 
greater of 5 percent or a percentage rep-
resenting the unutilized portion of the base allo-
cation (as a percentage of the base allocation) 
during that fiscal year, and if in a subsequent 
fiscal year the decreased base allocation is itself 
not exhausted, the base allocation for fiscal 
years subsequent to that fiscal year shall be 
further decreased by the greater of 5 percent or 
a percentage representing the unutilized portion 
of the decreased base allocation (as a percent-
age of the decreased base allocation) during 
that fiscal year (subject to clause (iii) and ex-
cept that the base allocations under clauses (ii) 
shall not fall below 410,000); 
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‘‘(v) the numerical limitations under this 
subparagraph shall not apply to any alien— 
‘‘(I) who— 
‘‘(aa) was physically present in 
the United States on October 23, 
2017; and 
‘‘(bb) 
performed 
agricultural 
labor or services in the United States 
for at least 5.75 hours during each of 
at least 180 days during the 2-year 
period ending on October 23, 2017; or 
‘‘(II) who has previously been issued a 
visa or otherwise provided nonimmigrant 
status pursuant to subclause (a) or (b) of 
section 101(a)(15)(H)(ii), but only to the 
extent that the alien is being petitioned for 
by an employer pursuant to section 
218A(b) who previously employed the alien 
pursuant to subclause (a) or (b) of section 
101(a)(15)(H)(ii) beginning no later than 
October 23, 2017.’’. 
(e) INTENT.—Section 214(b) of the Immigration and 
Nationality Act (8 U.S.C. 1184(b)) is amended by striking 
‘‘section 101(a)(15)(H)(i) except subclause (b1) of such 
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section’’ and inserting ‘‘clause (i), except subclause (b1), 
or (ii)(c) of section 101(a)(15)(H)’’. 
(f) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item relating 
to section 218 the following: 
‘‘Sec. 218B. At-will employment of temporary H–2C workers.’’. 
SEC. 2104. MEDIATION. 
Nonimmigrants 
having 
status 
under 
section 
101(a)(15)(H)(ii)(c) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)) may not bring civil 
actions for damages against their employers, nor may any 
other attorneys or individuals bring civil actions for dam-
ages on behalf of such nonimmigrants against the non-
immigrants’ employers, unless at least 90 days prior to 
bringing an 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 at-
tempted. 
SEC. 
2105. 
MIGRANT 
AND 
SEASONAL 
AGRICULTURAL 
WORKER PROTECTION. 
Section 3(8)(B)(ii) of the Migrant and Seasonal Agri-
cultural 
Worker 
Protection 
Act 
(29 
U.S.C. 
1802(8)(B)(ii)) is amended by striking ‘‘under sections 
101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and 
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Nationality Act.’’ and inserting ‘‘under subclauses (a) and 
(c) of section 101(a)(15)(H)(ii), and section 214(c), of the 
Immigration and Nationality Act.’’. 
SEC. 2106. BINDING ARBITRATION. 
(a) APPLICABILITY.—H–2C workers may, as a condi-
tion of employment with an employer, be subject to man-
datory binding arbitration and mediation of any grievance 
relating to the employment relationship. An employer shall 
provide any such workers with notice of such condition of 
employment at the time it makes job offers. 
(b) ALLOCATION OF COSTS.—Any cost associated 
with such arbitration and mediation process shall be 
equally divided between the employer and the H–2C work-
ers, except that each party shall be responsible for the cost 
of its own counsel, if any. 
(c) DEFINITIONS.—As used in this section: 
(1) The term ‘‘condition of employment’’ means 
a term, condition, obligation, or requirement that is 
part of the job offer, such as the term of employ-
ment, job responsibilities, employee conduct stand-
ards, and the grievance resolution process, and to 
which applicants or prospective H–2C workers must 
consent or accept in order to be hired for the posi-
tion. 
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(2) The term ‘‘H–2C worker’’ means a non-
immigrant described in section 218A(a)(5) of the 
Immigration and Nationality Act, as added by this 
title. 
SEC. 2107. ELIGIBILITY FOR HEALTH CARE SUBSIDIES AND 
REFUNDABLE 
TAX 
CREDITS; 
REQUIRED 
HEALTH INSURANCE COVERAGE. 
(a) HEALTH CARE SUBSIDIES.—H–2C workers (as 
defined in section 218A(a)(5) of the Immigration and Na-
tionality Act, as added by this title)— 
(1) are not entitled to the premium assistance 
tax credit authorized under section 36B of the Inter-
nal Revenue Code of 1986 and shall be subject to 
the rules applicable to individuals who are not law-
fully present set forth in subsection (e) of such sec-
tion; and 
(2) shall be subject to the rules applicable to in-
dividuals who are not lawfully present set forth in 
section 1402(e) of the Patient Protection and Af-
fordable Care Act (42 U.S.C. 18071(e)). 
(b) REFUNDABLE TAX CREDITS.—H–2C workers (as 
defined in section 218A(a)(5) of the Immigration and Na-
tionality Act, as added by this title), shall not be allowed 
any credit under sections 24 and 32 of the Internal Rev-
enue Code of 1986. In the case of a joint return, no credit 
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shall be allowed under either such section if both spouses 
are such workers or aliens. 
(c) REQUIREMENT REGARDING HEALTH INSURANCE 
COVERAGE.—Notwithstanding the Fair Labor Standards 
Act of 1938 (29 U.S.C. 201 et seq.) and State and local 
wage laws, not later than 21 days after being issued a 
visa or otherwise provided nonimmigrant status under sec-
tion 101(a)(15)(H)(ii)(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)), an alien must 
obtain health insurance coverage accepted in their State 
or States of employment and residence for the period of 
employment specified in section 218A(b)(1) of the Immi-
gration and Nationality Act. H–2C workers under sections 
218A or 218B of the Immigration and Nationality Act 
who do not obtain and maintain the required insurance 
coverage will be considered to have failed to maintain non-
immigrant status under section 101(a)(15)(H)(ii)(c) of 
the Immigration and Nationality Act and shall be subject 
to removal under section 237(a)(1)(C)(i) of the Immigra-
tion and Nationality Act (8 U.S.C. 1227(a)(1)(C)(i)). 
SEC. 2108. STUDY OF ESTABLISHMENT OF AN AGRICUL-
TURAL WORKER EMPLOYMENT POOL. 
(a) STUDY.—The Secretary of Agriculture shall con-
duct a study on the feasibility of establishing an agricul-
tural worker employment pool and an electronic Internet- 
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based portal to assist H–2C workers (as such term is de-
fined in section 218A of the Immigration and Nationality 
Act), prospective H–2C workers, and employers to identify 
job opportunities in the H–2C program and willing, able 
and available workers for the program, respectively. 
(b) CONTENTS.—The study required under sub-
section (a) shall include an analysis of— 
(1) the cost of creating such a pool and portal; 
(2) potential funding sources or mechanisms to 
support the creation and maintenance of the pool 
and portal; 
(3) with respect to H–2C workers and prospec-
tive H–2C workers in the pool, the data that would 
be relevant for employers; 
(4) the merits of assisting H–2C workers and 
employers in identifying job opportunities and will-
ing, able, and available workers, respectively; and 
(5) other beneficial uses for such a pool and 
portal. 
(c) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Agriculture 
shall submit to the Committees on the Judiciary of the 
House of Representatives and the Senate a report con-
taining the results of the study required under subsection 
(a). 
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SEC. 2109. PREVAILING WAGE. 
Section 212(p) of the Immigration and Nationality 
Act (8 U.S.C. 1182(p)) is amended— 
(1) in paragraph (1), by inserting after ‘‘sub-
sections 
(a)(5)(A), 
(n)(1)(A)(i)(II), 
and 
(t)(1)(A)(i)(II)’’ the following: ‘‘of this section and 
section 218A(k)(2)(B)(ii)’’; and 
(2) in paragraph (3), by inserting after ‘‘sub-
sections 
(a)(5)(A), 
(n)(1)(A)(i)(II), 
and 
(t)(1)(A)(i)(II)’’ the following: ‘‘of this section and 
section 218A(k)(2)(B)(ii)’’. 
SEC. 2110. EFFECTIVE DATES; SUNSET; REGULATIONS. 
(a) EFFECTIVE DATES; REGULATIONS.— 
(1) IN
GENERAL.—Sections 2102 and 2104 
through 2106 of this title, subsections (a) and (c) 
through (f) of section 2103 of this title, and the 
amendments made by the sections, shall take effect 
on the date on which the Secretary issues the rules 
under paragraph (3), and the Secretary of Home-
land Security shall accept petitions pursuant to sec-
tion 218A of the Immigration and Nationality Act, 
as inserted by this Act, beginning no later than that 
date. Sections 2107 and 2109 of this title shall take 
effect on the date of the enactment of this Act. 
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(2) AT-WILL
EMPLOYMENT.—Section 2103(b) 
of this title and the amendments made by that sub-
section shall take effect when— 
(A) it becomes unlawful for all persons or 
other entities to hire, or to recruit or refer for 
a fee, for employment in the United States an 
individual (as provided in section 274A(a)(1) of 
the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(1))) without participating in the E- 
Verify Program described in section 403(a) of 
the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a 
note) or an employment eligibility verification 
system patterned on such program’s verification 
system; and 
(B) the E-Verify Program responds to in-
quiries made by such persons or entities de-
scribed in subparagraph (A) by providing con-
firmation, tentative nonconfirmation, and final 
nonconfirmation of an individual’s identity and 
employment eligibility in such a way that indi-
cates whether the individual is eligible to be em-
ployed in all occupations or only to perform ag-
ricultural labor or services under sections 218A 
and 219B of the Immigration and Nationality 
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Act, as added by section 2103 of this title, and 
if the latter, whether the nonimmigrant would 
be in compliance with their maximum contin-
uous period of authorized status and require-
ment to remain outside the United States under 
section 218A(n) of such Act, as added by sec-
tion 2103(a) of this title, and on what date the 
alien would cease to be in compliance with their 
maximum continuous period of authorized sta-
tus. 
(3) REGULATIONS.—Notwithstanding any other 
provision of law, not later than the first day of the 
seventh month that begins after the date of the en-
actment of this Act, the Secretary of Homeland Se-
curity shall issue final rules, on an interim or other 
basis, to carry out this title. 
(b) OPERATION AND SUNSET OF THE H–2A PRO-
GRAM.— 
(1) 
APPLICATION
OF
EXISTING
REGULA-
TIONS.—The Department of Labor H–2A program 
regulations published at 73 Federal Register 77110 
et seq. (2008) shall be in force for all petitions ap-
proved under sections 101(a)(15)(H)(ii)(a) and 218 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(h)(ii)(a); 8 U.S.C. 1188) beginning on 
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the date of the enactment of this Act, except that 
the following, as in effect on such date, shall remain 
in effect, and, to the extent that any rule published 
at 73 Federal Register 77110 et seq. is in conflict, 
such rule shall have no force and effect: 
(A) Paragraph (a) and subparagraphs (1) 
and (3) of paragraph (b) of section 655.200 of 
title 20, Code of Federal Regulations. 
(B) Section 655.201 of title 20, Code of 
Federal Regulations, except the paragraphs en-
titled ‘‘Production of Livestock’’ and ‘‘Range’’. 
(C) Paragraphs (c), (d) and (e) of section 
655.210 of title 20, Code of Federal Regula-
tions. 
(D) Section 655.230 of title 20, Code of 
Federal Regulations. 
(E) Section 655.235 of title 20, Code of 
Federal Regulations. 
(F) The Special Procedures Labor Certifi-
cation Process for Employers in the Itinerant 
Animal Shearing Industry under the H–2A 
Program in effect under the Training and Em-
ployment Guidance Letter No. 17–06, Change 
1, Attachment B, Section II, with an effective 
date of October 1, 2011. 
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(2) SUNSET.—Beginning on the date on which 
employers can file petitions pursuant to section 
218A of the Immigration and Nationality Act, as 
added by section 2103(a) of this title, no new peti-
tions under sections 101(a)(15)(H)(ii)(a) and 218 of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(a); 8 U.S.C. 1188) shall be ac-
cepted. 
SEC. 2111. REPORT ON COMPLIANCE AND VIOLATIONS. 
(a) IN GENERAL.—Not later than 1 year after the 
first day on which employers can file petitions pursuant 
to section 218A of the Immigration and Nationality Act, 
as added by section 2103(a) of this title, the Secretary 
of Homeland Security, in consultation with the Secretary 
of Agriculture, shall submit to the Committees on the Ju-
diciary of the House of Representatives and the Senate 
a report on compliance by H–2C workers with the require-
ments of this title and the Immigration and Nationality 
Act, as amended by this title. In the case of a violation 
of a term or condition of the temporary agricultural work 
visa program established by this title, the report shall 
identify the provision or provisions of law violated. 
(b) DEFINITION.—As used in this section, the term 
‘‘H–2C worker’’ means a nonimmigrant described in sec-
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tion 218A(a)(4) of the Immigration and Nationality Act, 
as added by section 2103(a) of this title. 
TITLE III—VISA SECURITY 
SEC. 3101. CANCELLATION OF ADDITIONAL VISAS. 
(a) IN GENERAL.—Section 222(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1202(g)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary’’; and 
(B) by inserting ‘‘and any other non-
immigrant visa issued by the United States that 
is in the possession of the alien’’ after ‘‘such 
visa’’; and 
(2) in paragraph (2)(A), by striking ‘‘(other 
than the visa described in paragraph (1)) issued in 
a consular office located in the country of the alien’s 
nationality’’ and inserting ‘‘(other than a visa de-
scribed in paragraph (1)) issued in a consular office 
located in the country of the alien’s nationality or 
foreign residence’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to a visa issued before, 
on, or after such date. 
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SEC. 3102. VISA INFORMATION SHARING. 
(a) IN GENERAL.—Section 222(f) of the Immigration 
and Nationality Act (8 U.S.C. 1202(f)(2)) is amended— 
(1) by striking ‘‘issuance or refusal’’ and insert-
ing ‘‘issuance, refusal, or revocation’’; 
(2) in paragraph (2), in the matter preceding 
subparagraph (A), by striking ‘‘and on the basis of 
reciprocity’’ and all that follows and inserting the 
following ‘‘may provide to a foreign government in-
formation in a Department of State computerized 
visa database and, when necessary and appropriate, 
other records covered by this section related to infor-
mation in such database—’’; 
(3) in paragraph (2)(A)— 
(A) by inserting at the beginning ‘‘on the 
basis of reciprocity,’’; 
(B) by inserting ‘‘(i)’’ after ‘‘for the pur-
pose of’’; and 
(C) by striking ‘‘illicit weapons; or’’ and 
inserting ‘‘illicit weapons, or (ii) determining a 
person’s deportability or eligibility for a visa, 
admission, or other immigration benefit;’’; 
(4) in paragraph (2)(B)— 
(A) by inserting at the beginning ‘‘on the 
basis of reciprocity,’’; 
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(B) by striking ‘‘in the database’’ and in-
serting ‘‘such database’’; 
(C) by striking ‘‘for the purposes’’ and in-
serting ‘‘for one of the purposes’’; and 
(D) by striking ‘‘or to deny visas to per-
sons who would be inadmissible to the United 
States.’’ and inserting ‘‘; or’’; and 
(5) in paragraph (2), by adding at the end the 
following: 
‘‘(C) with regard to any or all aliens in the 
database specified data elements from each 
record, if the Secretary of State determines that 
it is in the national interest to provide such in-
formation to a foreign government.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 60 days after the date of 
the enactment of this Act. 
SEC. 3103. RESTRICTING WAIVER OF VISA INTERVIEWS. 
Section 222(h) of the Immigration and Nationality 
Act (8 U.S.C. 1202(h)(1)(B)) is amended— 
(1) in paragraph (1)(C), by inserting ‘‘, in con-
sultation with the Secretary of Homeland Security,’’ 
after ‘‘if the Secretary’’; 
(2) in paragraph (1)(C)(i), by inserting ‘‘, 
where such national interest shall not include facili-
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tation of travel of foreign nationals to the United 
States, reduction of visa application processing 
times, or the allocation of consular resources’’ before 
the semicolon at the end; and 
(3) in paragraph (2)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (E); 
(B) by striking the period at the end of 
subparagraph (F) and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(G) is an individual— 
‘‘(i) determined to be in a class of 
aliens determined by the Secretary of 
Homeland Security to be threats to na-
tional security; 
‘‘(ii) identified by the Secretary of 
Homeland Security as a person of concern; 
or 
‘‘(iii) applying for a visa in a visa cat-
egory with respect to which the Secretary 
of Homeland Security has determined that 
a waiver of the visa interview would create 
a high risk of degradation of visa program 
integrity.’’. 
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SEC. 3104. AUTHORIZING THE DEPARTMENT OF STATE TO 
NOT INTERVIEW CERTAIN INELIGIBLE VISA 
APPLICANTS. 
(a) IN GENERAL.—Section 222(h)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1202(h)(1)) is 
amended by inserting ‘‘the alien is determined by the Sec-
retary of State to be ineligible for a visa based upon review 
of the application or’’ after ‘‘unless’’. 
(b) GUIDANCE.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State 
shall issue guidance to consular officers on the standards 
and processes for implementing the authority to deny visa 
applications without interview in cases where the alien is 
determined by the Secretary of State to be ineligible for 
a visa based upon review of the application. 
(c) REPORTS.—Not less frequently than once each 
quarter, the Secretary of State shall submit to the Con-
gress a report on the denial of visa applications without 
interview, including— 
(1) the number of such denials; and 
(2) a post-by-post breakdown of such denials. 
SEC. 3105. VISA REFUSAL AND REVOCATION. 
(a) AUTHORITY OF THE SECRETARY OF HOMELAND 
SECURITY AND THE SECRETARY OF STATE.— 
(1) IN GENERAL.—Section 428 of the Home-
land Security Act of 2002 (6 U.S.C. 236) is amend-
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ed by striking subsections (b) and (c) and inserting 
the following: 
‘‘(b) AUTHORITY OF THE SECRETARY OF HOMELAND 
SECURITY.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
104(a) of the Immigration and Nationality Act (8 
U.S.C. 1104(a)) or any other provision of law, and 
except as provided in subsection (c) and except for 
the authority of the Secretary of State under sub-
paragraphs (A) and (G) of section 101(a)(15) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)), the Secretary— 
‘‘(A) shall have exclusive authority to issue 
regulations, establish policy, and administer and 
enforce the provisions of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) and all 
other immigration or nationality laws relating 
to the functions of consular officers of the 
United States in connection with the granting 
and refusal of a visa; and 
‘‘(B) may refuse or revoke any visa to any 
alien or class of aliens if the Secretary, or des-
ignee, determines that such refusal or revoca-
tion is necessary or advisable in the security or 
foreign policy interests of the United States. 
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‘‘(2) EFFECT OF REVOCATION.—The revocation 
of any visa under paragraph (1)(B)— 
‘‘(A) shall take effect immediately; and 
‘‘(B) shall automatically cancel any other 
valid visa that is in the alien’s possession. 
‘‘(3) JUDICIAL REVIEW.—Notwithstanding any 
other provision of law, including section 2241 of title 
28, United States Code, or any other habeas corpus 
provision, and sections 1361 and 1651 of such title, 
no court shall have jurisdiction to review a decision 
by the Secretary of Homeland Security to refuse or 
revoke a visa, and no court shall have jurisdiction to 
hear any claim arising from, or any challenge to, 
such a refusal or revocation. 
‘‘(c) AUTHORITY OF THE SECRETARY OF STATE.— 
‘‘(1) IN GENERAL.—The Secretary of State may 
direct a consular officer to refuse a visa requested 
by an alien if the Secretary of State determines such 
refusal to be necessary or advisable in the security 
or foreign policy interests of the United States. 
‘‘(2) LIMITATION.—No decision by the Sec-
retary of State to approve a visa may override a de-
cision by the Secretary of Homeland Security under 
subsection (b).’’. 
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(2) AUTHORITY
OF
THE
SECRETARY
OF 
STATE.—Section 221(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1201(i)) is amended by strik-
ing ‘‘subsection, except in the context of a removal 
proceeding if such revocation provides the sole 
ground for removal under section 237(a)(1)(B).’’ 
and inserting ‘‘subsection.’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
237(a)(1)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1227(a)(1)(B)) is amended by strik-
ing ‘‘under section 221(i)’’. 
(4) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to visa refus-
als and revocations occurring before, on, or after 
such date. 
(b) TECHNICAL CORRECTIONS TO THE HOMELAND 
SECURITY ACT.—Section 428(a) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 236(a)) is amended— 
(1) by striking ‘‘subsection’’ and inserting ‘‘sec-
tion’’; and 
(2) by striking ‘‘consular office’’ and inserting 
‘‘consular officer’’. 
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SEC. 3106. PETITION AND APPLICATION PROCESSING FOR 
VISAS AND IMMIGRATION BENEFITS. 
(a) IN GENERAL.—Chapter 2 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1181 et seq.) is 
amended by inserting after section 211 the following: 
‘‘SEC. 211A. PETITION AND APPLICATION PROCESSING. 
‘‘(a) SIGNATURE REQUIREMENT.— 
‘‘(1) IN GENERAL.—No petition or application 
filed with the Secretary of Homeland Security or 
with a consular officer relating to the issuance of a 
visa or to the admission of an alien to the United 
States as an immigrant or as a nonimmigrant may 
be approved unless the petition or application is 
signed by each party required to sign such petition 
or application. 
‘‘(2) APPLICATIONS FOR IMMIGRANT VISAS.— 
Except as may be otherwise prescribed by regula-
tions, each application for an immigrant visa shall 
be signed by the applicant in the presence of the 
consular officer, and verified by the oath of the ap-
plicant administered by the consular officer. 
‘‘(b) COMPLETION REQUIREMENT.—No petition or 
application filed with the Secretary of Homeland Security 
or with a consular officer relating to the issuance of a visa 
or to the admission of an alien to the United States as 
an immigrant or as a nonimmigrant may be approved un-
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less each applicable portion of the petition or application 
has been completed. 
‘‘(c) TRANSLATION REQUIREMENT.—No document 
submitted in support of a petition or application for a non-
immigrant or immigrant visa may be accepted by a con-
sular officer if such document contains information in a 
foreign language, unless such document is accompanied by 
a full English translation, which the translator has cer-
tified as complete and accurate, and by the translator’s 
certification that he or she is competent to translate from 
the foreign language into English. 
‘‘(d) REQUESTS FOR ADDITIONAL INFORMATION.— 
In the case that the Secretary of Homeland Security or 
a consular officer requests any additional information re-
lating to a petition or application filed with the Secretary 
or consular officer relating to the issuance of a visa or 
to the admission of an alien to the United States as an 
immigrant or as a nonimmigrant, such petition or applica-
tion may not be approved unless all of the additional infor-
mation requested is provided, or is shown to have been 
previously provided, in complete form and is provided on 
or before any reasonably established deadline included in 
the request.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
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et seq.) is amended by inserting after the item relating 
to section 211 the following: 
‘‘Sec. 211A. Petition and application processing.’’. 
(c) APPLICATION.—The amendments made by this 
section shall apply with respect to applications and peti-
tions filed after the date of the enactment of this Act. 
SEC. 3107. FRAUD PREVENTION. 
(a) PROSPECTIVE ANALYTICS TECHNOLOGY.— 
(1) PLAN
FOR
IMPLEMENTATION.—Not later 
than 180 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall 
submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the 
Judiciary of the Senate a plan for the use of ad-
vanced analytics software to ensure the proactive de-
tection of fraud in immigration benefits applications 
and petitions and to ensure that any such applicant 
or petitioner does not pose a threat to national secu-
rity. 
(2) IMPLEMENTATION
OF
PLAN.—Not later 
than 1 year after the date of the submission of the 
plan under paragraph (1), the Secretary of Home-
land Security shall begin implementation of the plan. 
(b) BENEFITS FRAUD ASSESSMENT.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, acting through the Fraud Detection and 
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Nationality Security Directorate, shall complete a 
benefit fraud assessment by fiscal year 2021 on each 
of the following: 
(A) Petitions by VAWA self-petitioners (as 
such term is defined in section 101(a)(51) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(51)). 
(B) Applications or petitions for visas or 
status under section 101(a)(15)(K) of such Act 
or under section 201(b)(2) of such Act, in the 
case of spouses (8 U.S.C. 1101(a)(15)(K)). 
(C) Applications for visas or status under 
section 101(a)(27)(J) of such Act (8 U.S.C. 
1101(a)(27)(J)). 
(D) Applications for visas or status under 
section 101(a)(15)(U) of such Act (8 U.S.C. 
1101(a)(15)(U)). 
(E) Petitions for visas or status under sec-
tion 101(a)(27)(C) of such Act (8 U.S.C. 
1101(a)(27)(C)). 
(F) Applications for asylum under section 
208 of such Act (8 U.S.C. 1158). 
(G) Applications for adjustment of status 
under section 209 of such Act (8 U.S.C. 1159). 
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(H) Petitions for visas or status under sec-
tion 201(b) of such Act (8 U.S.C. 1151(b)). 
(2) REPORTING ON FINDINGS.—Not later than 
30 days after the completion of each benefit fraud 
assessment under paragraph (1), the Secretary shall 
submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the 
Judiciary of the Senate such assessment and rec-
ommendations on how to reduce the occurrence of 
instances of fraud identified by the assessment. 
SEC. 3108. VISA INELIGIBILITY FOR SPOUSES AND CHIL-
DREN OF DRUG TRAFFICKERS. 
Section 202(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(2)) is amended— 
(1) in subparagraph (C)(ii), by striking ‘‘is the 
spouse, son, or daughter’’ and inserting ‘‘is or has 
been the spouse, son, or daughter’’; and 
(2) in subparagraph (H)(ii), by striking ‘‘is the 
spouse, son, or daughter’’ and inserting ‘‘is or has 
been the spouse, son, or daughter’’. 
SEC. 3109. DNA TESTING. 
Section 222(b) of the Immigration and Nationality 
Act (8 U.S.C. 1202(b)) is amended by inserting ‘‘Where 
considered necessary, by the consular officer or immigra-
tion official, to establish family relationships, the immi-
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grant shall provide DNA evidence of such a relationship 
in accordance with procedures established for submitting 
such evidence. The Secretary and the Secretary of State 
may, in consultation, issue regulations to require DNA 
evidence to establish family relationship, from applicants 
for certain visa classifications.’’ after ‘‘and a certified copy 
of all other records or documents concerning him or his 
case which may be required by the consular officer.’’. 
SEC. 3110. ACCESS TO NCIC CRIMINAL HISTORY DATABASE 
FOR DIPLOMATIC VISAS. 
Subsection (a) of article V of section 217 of the Na-
tional Crime Prevention and Privacy Compact Act of 1998 
(34 U.S.C. 40316(V)(a)) is amended by inserting ‘‘, ex-
cept for diplomatic visa applications for which only full 
biographical information is required’’ before the period at 
the end. 
SEC. 3111. ELIMINATION OF SIGNED PHOTOGRAPH RE-
QUIREMENT FOR VISA APPLICATIONS. 
Section 221(b) of the Immigration and Nationality 
Act (8 U.S.C. 1201(b)) is amended by striking the first 
sentence and insert the following: ‘‘Each alien who applies 
for a visa shall be registered in connection with his or her 
application and shall furnish copies of his or her photo-
graph for such use as may be required by regulation.’’. 
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SEC. 3112. ADDITIONAL FRAUD DETECTION AND PREVEN-
TION. 
Section 286(v)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1356(v)(2)(A)) is amended— 
(1) in the matter preceding clause (i), by strik-
ing ‘‘at United States embassies and consulates 
abroad’’; 
(2) by amending clause (i) to read as follows: 
‘‘(i) to increase the number of diplo-
matic security personnel assigned exclu-
sively or primarily to the function of pre-
venting and detecting visa fraud;’’; and 
(3) in clause (ii), by striking ‘‘, including pri-
marily fraud by applicants for visas described in 
subparagraph (H)(i), (H)(ii), or (L) of section 
101(a)(15)’’. 
DIVISION B—INTERIOR 
IMMIGRATION ENFORCEMENT 
TITLE I—LEGAL WORKFORCE 
ACT 
SEC. 1101. SHORT TITLE. 
This title may be cited as the ‘‘Legal Workforce Act’’. 
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100 
‘‘(VI) CONTINUED EMPLOYMENT 
AFTER FINAL NONCONFIRMATION.—If 
the person or other entity continues to 
employ (or to recruit or refer) an indi-
vidual after receiving final noncon-
firmation, a rebuttable presumption is 
created that the person or entity has 
violated subsection (a)(1)(A). 
‘‘(D) EFFECTIVE DATES OF NEW PROCE-
DURES.— 
‘‘(i) HIRING.—Except as provided in 
clause (iii), the provisions of this para-
graph shall apply to a person or other enti-
ty hiring an individual for employment in 
the United States as follows: 
‘‘(I) With respect to employers 
having 10,000 or more employees in 
the United States on the date of the 
enactment of the Legal Workforce 
Act, on the date that is 6 months 
after the date of the enactment of 
such Act. 
‘‘(II) With respect to employers 
having 500 or more employees in the 
United States, but less than 10,000 
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107 
the United States, on the date of the en-
actment of the Legal Workforce Act, be-
ginning on the date that is 12 months 
after the date of the enactment of such 
Act. 
‘‘(iii) With respect to employers hav-
ing 20 or more employees in the United 
States, but less than 500 employees in the 
United States, on the date of the enact-
ment of the Legal Workforce Act, begin-
ning on the date that is 18 months after 
the date of the enactment of such Act. 
‘‘(iv) With respect to employers hav-
ing 1 or more employees in the United 
States, but less than 20 employees in the 
United States, on the date of the enact-
ment of the Legal Workforce Act, begin-
ning on the date that is 24 months after 
the date of the enactment of such Act. 
‘‘(B) AGRICULTURAL
LABOR
OR
SERV-
ICES.—With respect to an employee performing 
agricultural labor or services, or an employee 
recruited or referred by a farm labor contractor 
(as defined in section 3 of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 
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