IB 
Union Calendar No. 506 
113TH CONGRESS 
2D SESSION 
H. R. 1773 
[Report No. 113–674, Part I] 
To create a nonimmigrant H–2C work visa program for agricultural workers, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2013 
Mr. GOODLATTE (for himself, Mr. SMITH of Texas, Mr. GOWDY, Mr. 
FARENTHOLD, Mr. WESTMORELAND, Mr. POE of Texas, Mr. HOLDING, 
Mr. PETERSON, and Mr. HURT) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Com-
mittees on Education and the Workforce and Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
DECEMBER 12, 2014 
Additional sponsors: Mr. THOMPSON of Pennsylvania, Mr. BACHUS, and Mr. 
SESSIONS 
DECEMBER 12, 2014 
Deleted sponsor: Mr. PETERSON (added April 26, 2013; deleted May 23, 
2013) 
DECEMBER 12, 2014 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
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DECEMBER 12, 2014 
The Committees on Education and the Workforce and Ways and Means dis-
charged; committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 26, 2013] 
A BILL 
To create a nonimmigrant H–2C work visa program for 
agricultural workers, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as— 
(1) the ‘‘Agricultural Guestworker Act’’; or 
(2) the ‘‘AG Act’’. 
SEC. 2. H–2C TEMPORARY AGRICULTURAL WORK VISA PRO-
GRAM. 
(a) IN GENERAL.—Section 101(a)(15)(H) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is 
amended by striking ‘‘; or (iii)’’ and inserting ‘‘, or (c) hav-
ing a residence in a foreign country which he has no inten-
tion 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 following: 
‘‘(53) The term ‘agricultural labor or services’ has the 
meaning given such term by the Secretary of Agriculture 
in regulations and includes agricultural labor as defined 
in section 3121(g) of the Internal Revenue Code of 1986, 
agriculture as defined in section 3(f) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(f)), the handling, 
planting, drying, packing, packaging, processing, freezing, 
or grading prior to delivery for storage of any agricultural 
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or horticultural commodity in its unmanufactured state, all 
activities required for the preparation, processing or manu-
facturing of a product of agriculture (as such term is de-
fined in such section 3(f)) for further distribution, and ac-
tivities similar to all the foregoing as they relate to fish 
or shellfish facilities.’’. 
SEC. 3. 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: 
‘‘SEC. 218A. ADMISSION OF TEMPORARY H–2C WORKERS. 
‘‘(a) DEFINITIONS.—In this section and section 218B: 
‘‘(1) AREA OF EMPLOYMENT.—The term ‘area of 
employment’ means the area within normal com-
muting distance of the worksite or physical location 
where the work of the H–2C worker is or will be per-
formed. If such work site or location is within a Met-
ropolitan Statistical Area, any place within such 
area shall be considered to be within the area of em-
ployment. 
‘‘(2) DISPLACE.—The term ‘displace’ means to 
lay off a worker from a job that is essentially equiva-
lent to the job for which an H–2C worker is sought. 
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A job shall not be considered to be ‘essentially equiva-
lent’ to another job unless the job— 
‘‘(A) involves essentially the same respon-
sibilities as such other job; 
‘‘(B) was held by a United States worker 
with substantially equivalent qualifications and 
experience; and 
‘‘(C) is located in the same area of employ-
ment as the other job. 
‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means an individual who is not an unau-
thorized alien (as defined in section 274A(h)(3)) with 
respect to the employment of the individual. 
‘‘(4) EMPLOYER.—The term ‘employer’ means an 
employer who hires workers to perform agricultural 
employment. 
‘‘(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 discharge 
for inadequate performance, violation of 
workplace rules, cause, voluntary departure, 
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voluntary retirement, or the expiration of a 
grant or contract (other than a temporary 
employment contract entered into in order 
to evade a condition described in paragraph 
(3) 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 similar 
employment opportunity with the same em-
ployer (or, in the case of a placement of a 
worker with another employer under sub-
section (b)(7), with either employer de-
scribed in such subsection) at equivalent or 
higher compensation and benefits than the 
position from which the employee was dis-
charged, regardless of whether or not the 
employee accepts the offer. 
‘‘(B) 
CONSTRUCTION.—Nothing 
in 
this 
paragraph is intended to limit an employee’s 
rights under a collective bargaining agreement or 
other employment contract. 
‘‘(7) PREVAILING WAGE.—The term ‘prevailing 
wage’ means the wage rate paid to workers in the 
same occupation in the area of employment as com-
puted pursuant to section 212(p). 
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‘‘(8) 
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, is granted asylum under sec-
tion 208, or is an immigrant otherwise author-
ized, by this Act or by the Secretary of Home-
land Security, to be employed. 
‘‘(b) PETITION.—An employer, or an association act-
ing as an agent or joint employer for its members, that seeks 
the admission into the United States of an H–2C worker 
shall file with the Secretary of Agriculture a petition attest-
ing to the following: 
‘‘(1) TEMPORARY WORK OR SERVICES.— 
‘‘(A) IN GENERAL.—The employer is seeking 
to employ a specific number of agricultural 
workers on a temporary basis and will provide 
compensation to such workers at a specified wage 
rate. 
‘‘(B) DEFINITION.—For purposes of this 
paragraph, a worker is employed on a tem-
porary basis if the employer intends to employ 
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the worker for no longer than 18 months (except 
for sheepherders) during any contract period. 
‘‘(2) 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 jobs 
for which the H–2C worker is sought and to all other 
temporary workers in the same occupation at the 
place of employment. 
‘‘(3) NONDISPLACEMENT
OF
UNITED
STATES 
WORKERS.—The employer did not displace and will 
not displace a United States worker employed by the 
employer during the period of employment of the H– 
2C worker and during the 30-day period immediately 
preceding such period of employment in the occupa-
tion at the place of employment for which the em-
ployer seeks approval to employ H–2C workers. 
‘‘(4) RECRUITMENT.— 
‘‘(A) IN GENERAL.—The employer— 
‘‘(i) conducted adequate recruitment in 
the area of intended employment before fil-
ing the attestation; and 
‘‘(ii) was unsuccessful in locating a 
qualified United States worker for the job 
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opportunity for which the H–2C worker is 
sought. 
‘‘(B) OTHER REQUIREMENTS.—The recruit-
ment requirement under subparagraph (A) is 
satisfied if the employer places a local job order 
with the State workforce agency serving the local 
area where the work will be performed, 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 Regula-
tions. The State workforce agency shall post the 
job order on its official agency website for a min-
imum of 30 days and not later than 3 days after 
receipt using the employment statistics system 
authorized 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 Depart-
ment of Labor. 
‘‘(C) END
OF
RECRUITMENT
REQUIRE-
MENT.—The requirement to recruit United 
States workers shall terminate on the first day 
that work begins for the H–2C worker. 
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‘‘(5) OFFERS TO UNITED STATES WORKERS.— 
The employer has offered or will offer the job for 
which the H–2C worker is sought to any eligible 
United States worker who— 
‘‘(A) applies; 
‘‘(B) is qualified for the job; and 
‘‘(C) will be available at the time and place 
of need. 
This requirement shall not apply to a United States 
worker who applies for the job on or after the first 
day that work begins for the H–2C worker. 
‘‘(6) PROVISION OF INSURANCE.—If the job for 
which the H–2C worker is sought is not covered by 
State workers’ compensation law, the employer will 
provide, at no cost to the worker unless State law pro-
vides otherwise, insurance covering injury and disease 
arising out of, and in the course of, the worker’s em-
ployment, which will provide benefits at least equal to 
those provided under the State workers compensation 
law for comparable employment. 
‘‘(7) REQUIREMENTS FOR PLACEMENT OF H–2C 
WORKERS
WITH
OTHER
EMPLOYERS.—A 
non-
immigrant who is admitted into the United States as 
an H–2C worker may be transferred to another em-
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ployer that has filed a petition under this subsection 
and is in compliance with this section. 
‘‘(8) STRIKE OR LOCKOUT.—There is not a strike 
or lockout in the course of a labor dispute which, 
under regulations promulgated by the Secretary of 
Agriculture, precludes the hiring of H–2C workers. 
‘‘(9) PREVIOUS VIOLATIONS.—The employer has 
not, during the previous two-year period, employed 
H–2C workers and knowingly violated a material 
term or condition of approval with respect to the em-
ployment of domestic or nonimmigrant workers, as 
determined by the Secretary of Agriculture after no-
tice and opportunity for a hearing. 
‘‘(c) PUBLIC EXAMINATION.—Not later than 1 working 
day after the date on which a petition under this section 
is filed, the employer shall make a copy of each such peti-
tion available for public examination, at the employer’s 
principal place of business or worksite. 
‘‘(d) LIST.— 
‘‘(1) IN GENERAL.—The Secretary of Agriculture 
shall maintain a list of the petitions filed under sub-
section (b), which shall— 
‘‘(A) be sorted by employer; and 
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‘‘(B) include the number of H–2C workers 
sought, the wage rate, the period of intended em-
ployment, and the date of need for each alien. 
‘‘(2) AVAILABILITY.—The Secretary of Agri-
culture shall make the list available for public exam-
ination. 
‘‘(e) PETITIONING FOR ADMISSION.— 
‘‘(1) CONSIDERATION OF PETITIONS.—For peti-
tions filed and considered under subsection (b)— 
‘‘(A) the Secretary of Agriculture may not 
require such petition to be filed more than 28 
calendar days before the first date the employer 
requires the labor or services of the H–2C work-
er; 
‘‘(B) unless the Secretary of Agriculture de-
termines that the petition is incomplete or obvi-
ously inaccurate, the Secretary, not later than 10 
business days after the date on which such peti-
tion was filed, shall either approve or reject the 
petition and provide the petitioner with notice of 
such action by means ensuring same or next day 
delivery; and 
‘‘(C) if the Secretary determines that the pe-
tition is incomplete or obviously inaccurate, the 
Secretary shall— 
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‘‘(i) within 5 business days of receipt 
of the petition, notify the petitioner of the 
deficiencies to be corrected by means ensur-
ing same or next day delivery; and 
‘‘(ii) within 10 business days of receipt 
of the corrected petition, approve or deny 
the petition and provide the petitioner with 
notice of such action by means ensuring 
same or next day delivery. 
‘‘(2) PETITION AGREEMENTS.—By filing an H– 
2C petition, a petitioner and each employer consents 
to allow access to the site where the labor is being per-
formed to the Department of Agriculture and the De-
partment of Homeland Security for the purpose of in-
vestigations to determine compliance with H–2C re-
quirements and the immigration laws. Notwith-
standing any other provision of law, the Departments 
of Agriculture and Homeland Security cannot dele-
gate their compliance functions to other agencies or 
Departments. 
‘‘(f) ROLES OF AGRICULTURAL ASSOCIATIONS.— 
‘‘(1) PERMITTING FILING BY AGRICULTURAL AS-
SOCIATIONS.—A petition under subsection (b) to hire 
an alien as a temporary agricultural worker may be 
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filed by an association of agricultural employers 
which use agricultural services. 
‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association is a joint employer of 
temporary agricultural workers, such workers may be 
transferred among its members to perform agricul-
tural services of a temporary nature for which the pe-
tition was approved. 
‘‘(3) TREATMENT OF VIOLATIONS.— 
‘‘(A) INDIVIDUAL
MEMBER.—If an indi-
vidual member of a joint employer association 
violates any condition for approval with respect 
to the member’s petition, the Secretary of Agri-
culture shall consider as an employer for pur-
poses of subsection (b)(9) and invoke penalties 
pursuant to subsection (i) against only that 
member of the association unless the Secretary of 
Agriculture determines that the association or 
other member participated in, had knowledge of, 
or had reason to know of the violation. 
‘‘(B) ASSOCIATION OF AGRICULTURAL EM-
PLOYERS.—If an association representing agri-
cultural employers as a joint employer violates 
any condition for approval with respect to the 
association’s petition, the Secretary of Agri-
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culture shall consider as an employer for pur-
poses of subsection (b)(9) and invoke penalties 
pursuant to subsection (i) against only the asso-
ciation and not any individual member of the 
association, unless the Secretary determines that 
the member participated in, had knowledge of, or 
had reason to know of the violation. 
‘‘(g) EXPEDITED
ADMINISTRATIVE
APPEALS.—The 
Secretary of Agriculture shall promulgate regulations to 
provide for an expedited procedure— 
‘‘(1) for the review of a denial of a petition 
under this section by the Secretary; or 
‘‘(2) at the petitioner’s request, for a de novo ad-
ministrative hearing at which new evidence may be 
introduced. 
‘‘(h) MISCELLANEOUS PROVISIONS.— 
‘‘(1) ENDORSEMENT OF DOCUMENTS.—The Sec-
retary of Homeland Security shall provide for the en-
dorsement of entry and exit documents of H–2C work-
ers as may be necessary to carry out this section and 
to provide notice for purposes of section 274A. 
‘‘(2) FEES.— 
‘‘(A) IN GENERAL.—The Secretary of Agri-
culture shall require, as a condition of approving 
the petition, the payment of a fee, in accordance 
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with subparagraph (B), to recover the reasonable 
cost of processing petitions filed by employers or 
associations of employers seeking H–2C workers 
for jobs of a temporary or seasonal nature, but 
may not require the payment of such fees to re-
cover the costs of processing petitions filed by 
employers or associations of employers seeking 
H–2C workers for jobs not of a temporary or sea-
sonal nature. 
‘‘(B) FEE BY TYPE OF EMPLOYEE.— 
‘‘(i) SINGLE EMPLOYER.—An employer 
whose petition for temporary alien agricul-
tural workers is approved shall, for each ap-
proved petition, pay a fee that— 
‘‘(I) subject to subclause (II), is 
equal to $100 plus $10 for each ap-
proved H–2C worker; and 
‘‘(II) does not exceed $1,000. 
‘‘(ii) ASSOCIATION.—Each employer- 
member of a joint employer association 
whose petition for H–2C workers is ap-
proved shall, for each such approved peti-
tion, pay a fee that— 
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‘‘(I) subject to subclause (II), is 
equal to $100 plus $10 for each ap-
proved H–2C worker; and 
‘‘(II) does not exceed $1,000. 
‘‘(iii) LIMITATION
ON
ASSOCIATION 
FEES.—A joint employer association under 
clause (ii) shall not be charged a separate 
fee. 
‘‘(C) METHOD OF PAYMENT.—The fees col-
lected under this paragraph shall be paid by 
check or money order to the Department of Agri-
culture. In the case of employers of H–2C work-
ers that are members of a joint employer associa-
tion petitioning on their behalf, the aggregate 
fees for all employers of H–2C workers under the 
petition may be paid by 1 check or money order. 
‘‘(i) ENFORCEMENT.— 
‘‘(1) INVESTIGATIONS
AND
AUDITS.—The Sec-
retary of Agriculture shall be responsible for con-
ducting investigations and random audits of employ-
ers to ensure compliance with the requirements of the 
H–2C program. All monetary fines levied against vio-
lating employers shall be paid to the Department of 
Agriculture and used to enhance the Department of 
Agriculture’s investigatory and auditing power. 
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‘‘(2) FAILURE
TO
MEET
CONDITIONS.—If the 
Secretary of Agriculture finds, after notice and oppor-
tunity for a hearing, a failure to meet a condition of 
subsection (b), or a material misrepresentation of fact 
in a petition under subsection (b), the Secretary— 
‘‘(A) may impose such other administrative 
remedies (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) PENALTIES FOR WILLFUL FAILURE.—If the 
Secretary of Agriculture finds, after notice and oppor-
tunity for a hearing, a willful failure to meet a mate-
rial condition of subsection (b), or a willful misrepre-
sentation of a material fact in a petition under sub-
section (b), the Secretary— 
‘‘(A) may impose such other administrative 
remedies (including civil money penalties in an 
amount not to exceed $5,000 per violation) as 
the Secretary determines to be appropriate; 
‘‘(B) may disqualify the employer from the 
employment of H–2C workers for a period of 2 
years; 
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‘‘(C) may, for a subsequent violation not 
arising out of the prior incident, disqualify the 
employer from the employment of H–2C workers 
for a period of 5 years; and 
‘‘(D) may, for a subsequent violation not 
arising out of the prior incident, permanently 
disqualify the employer from the employment of 
H–2C workers. 
‘‘(4) PENALTIES FOR DISPLACEMENT OF UNITED 
STATES WORKERS.—If the Secretary of Agriculture 
finds, after notice and opportunity for a hearing, a 
willful failure to meet a material condition of sub-
section (b) or a willful misrepresentation of a mate-
rial fact in a petition under subsection (b), in the 
course of which failure or misrepresentation the em-
ployer displaced a United States worker employed by 
the employer during the period of employment of the 
H–2C worker or during the 30-day period preceding 
such period of employment, the Secretary— 
‘‘(A) may impose such other administrative 
remedies (including civil money penalties in an 
amount not to exceed $15,000 per violation) as 
the Secretary determines to be appropriate; 
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‘‘(B) may disqualify the employer from the 
employment of H–2C workers for a period of 5 
years; and 
‘‘(C) may, for a second violation, perma-
nently disqualify the employer from the employ-
ment of H–2C workers. 
‘‘(j) FAILURE TO PAY WAGES OR REQUIRED BENE-
FITS.— 
‘‘(1) ASSESSMENT.—If the Secretary of Agri-
culture finds, after notice and opportunity for a hear-
ing, that the employer has failed to provide the bene-
fits, wages, and working conditions attested by the 
employer under subsection (b), the Secretary shall as-
sess payment of back wages, or such other required 
benefits, due any United States worker or H–2C 
worker employed by the employer in the specific em-
ployment in question. 
‘‘(2) AMOUNT.—The back wages or other required 
benefits described in paragraph (1)— 
‘‘(A) shall be equal to the difference between 
the amount that should have been paid and the 
amount that was paid to such worker; and 
‘‘(B) shall be distributed to the worker to 
whom such wages or benefits are due. 
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‘‘(k) MINIMUM WAGES, BENEFITS, AND WORKING CON-
DITIONS.— 
‘‘(1) PREFERENTIAL
TREATMENT
OF
ALIENS 
PROHIBITED.— 
‘‘(A) IN GENERAL.—Each employer seeking 
to hire United States workers shall offer such 
workers not less than the same benefits, wages, 
and working conditions that the employer is of-
fering, intends to offer, or will provide to H–2C 
workers. No job offer may impose on United 
States workers any restrictions or obligations 
which will not be imposed on the employer’s 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 conditions 
of employment shall be made so that— 
‘‘(i) the services of workers to their em-
ployers and the employment opportunities 
afforded to workers by the employers, in-
cluding those employment opportunities 
that require United States workers or H–2C 
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workers to travel or relocate in order to ac-
cept or perform employment— 
‘‘(I) mutually benefit such work-
ers, as well as their families, and em-
ployers; and 
‘‘(II) principally benefit neither 
employer nor employee; and 
‘‘(ii) employment opportunities within 
the United States benefit the United States 
economy. 
‘‘(2) REQUIRED WAGES.— 
‘‘(A) IN
GENERAL.—Each employer peti-
tioning for workers under subsection (b) shall 
pay not less than the greater of— 
‘‘(i) the prevailing wage level for the 
occupational classification in the area of 
employment; or 
‘‘(ii) the applicable Federal, State, or 
local minimum wage, whichever is greatest. 
‘‘(B) SPECIAL
RULE.—An employer can 
utilize a piece rate or other alternative wage 
payment system as long as the employer guaran-
tees each worker a wage rate that equals or ex-
ceeds the amount required under subparagraph 
(A). 
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‘‘(3) EMPLOYMENT GUARANTEE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) REQUIREMENT.—Each employer 
petitioning for workers under subsection (b) 
shall guarantee to offer the worker employ-
ment for the hourly equivalent of not less 
than 50 percent of the work hours during 
the total anticipated period of employment, 
beginning with the first work day after the 
arrival of the worker at the place of employ-
ment and ending on the expiration date 
specified in the job offer. 
‘‘(ii) 
FAILURE
TO
MEET
GUAR-
ANTEE.—If the employer affords the United 
States worker or the H–2C worker less em-
ployment than that required under this sub-
paragraph, the employer shall pay such 
worker the amount which the worker would 
have earned if the worker had worked for 
the guaranteed number of hours. 
‘‘(iii) PERIOD OF EMPLOYMENT.—For 
purposes of this subparagraph, the term ‘pe-
riod of employment’ means the total number 
of anticipated work hours and workdays de-
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scribed in the job offer and shall exclude the 
worker’s Sabbath and Federal holidays. 
‘‘(B) CALCULATION OF HOURS.—Any hours 
which the worker fails to work, up to a max-
imum of the number of hours specified in the job 
offer for a work day, when the worker has been 
offered an opportunity to do so, and all hours of 
work actually performed (including voluntary 
work in excess of the number of hours specified 
in the job offer in a work day, on the worker’s 
Sabbath, or on Federal holidays) may be counted 
by the employer in calculating whether the pe-
riod of guaranteed employment has been met. 
‘‘(C) LIMITATION.—If the worker volun-
tarily abandons employment before the end of the 
contract period, or is terminated for cause, the 
worker is not entitled to the 50 percent guarantee 
described in subparagraph (A). 
‘‘(D) TERMINATION OF EMPLOYMENT.— 
‘‘(i) IN GENERAL.—If, before the expi-
ration of the period of employment specified 
in the job offer, the services of the worker 
are no longer required due to any form of 
natural disaster, including flood, hurricane, 
freeze, earthquake, fire, drought, plant or 
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animal disease, pest infestation, regulatory 
action, or any other reason beyond the con-
trol of the employer before the employment 
guarantee in subparagraph (A) is fulfilled, 
the employer may terminate the worker’s 
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 
after the arrival of the worker and end-
ing on the date on which such employ-
ment is terminated; 
‘‘(II) make efforts to transfer the 
United States worker to other com-
parable employment acceptable to the 
worker; and 
‘‘(III) not later than 24 hours 
after termination, notify (or have an 
association acting as an agent for the 
employer notify) the Secretary of 
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Homeland Security of such termi-
nation. 
‘‘(l) PERIOD OF ADMISSION.— 
‘‘(1) IN GENERAL.—An H–2C worker shall be 
admitted for a period of employment, not to exceed 18 
months (or 36 months as provided in subsection 
(o)(3)(A) for a worker employed in a job that is not 
of a temporary or seasonal nature), and except for 
sheepherders, that includes— 
‘‘(A) a period of not more than 7 days prior 
to the beginning of the period of employment for 
the purpose of travel to the work site; and 
‘‘(B) a period of not more than 14 days fol-
lowing the period of employment for the purpose 
of departure or a period of not more than 30 
days following the period of employment for the 
purpose of seeking a subsequent offer of employ-
ment by an employer pursuant to a petition 
under this section (or pursuant to at-will em-
ployment pursuant to section 218B during such 
time as that section is in effect). An H–2C work-
er who does not depart within these periods will 
be considered to have failed to maintain non-
immigrant status as an H–2C worker and shall 
be 
subject 
to 
removal 
under 
section 
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237(a)(1)(C)(i). Such alien shall be considered to 
be 
inadmissible 
pursuant 
to 
section 
212(a)(9)(B)(i) for having been unlawfully 
present, with the alien considered to have been 
unlawfully present for 180 days as of the 15th 
day following the period of employment for the 
purpose of departure or as of the 31st day fol-
lowing the period of employment for the purpose 
of seeking a subsequent offer of employment 
where the alien has not found at-will employ-
ment with a registered agricultural employer 
pursuant to section 218B or employment pursu-
ant to this section. 
‘‘(2) EMPLOYMENT LIMITATION.—An alien may 
not be employed during the 14-day period described 
in paragraph (1)(B) except in the employment for 
which the alien is otherwise authorized. 
‘‘(m) ABANDONMENT OF EMPLOYMENT.— 
‘‘(1) IN GENERAL.—An alien admitted or pro-
vided status under section 101(a)(15)(H)(ii)(c) who 
abandons the employment which was the basis for 
such admission or status— 
‘‘(A) shall have failed to maintain non-
immigrant status as an H–2C worker; 
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‘‘(B) shall depart the United States or be 
subject to removal under section 237(a)(1)(C)(i); 
and 
‘‘(C) shall be considered to be inadmissible 
pursuant to section 212(a)(9)(B)(i) for having 
been unlawfully present, with the alien consid-
ered to have been unlawfully present for 180 
days as of the 15th day following the date of the 
abandonment of employment. 
‘‘(2) REPORT BY EMPLOYER.—Not later than 24 
hours after an employer learns of the abandonment of 
employment by an H–2C worker, the employer or as-
sociation acting as an agent for the employer, shall 
notify the Secretary of Homeland Security of such 
abandonment. 
‘‘(3) REMOVAL.—The Secretary of Homeland Se-
curity shall promptly remove from the United States 
any H–2C worker who violates any term or condition 
of the worker’s nonimmigrant status. 
‘‘(4) 
VOLUNTARY
TERMINATION.—Notwith-
standing paragraph (1), an alien may voluntarily 
terminate the alien’s employment if the alien prompt-
ly departs the United States upon termination of such 
employment. An alien who voluntarily terminates the 
alien’s employment and who does not depart within 
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14 days shall be considered to have failed to maintain 
nonimmigrant status as an H–2C worker and shall 
be subject to removal under section 237(a)(1)(C)(i). 
Such alien shall be considered to be inadmissible pur-
suant to section 212(a)(9)(B)(i) for having been un-
lawfully present, with the alien considered to have 
been unlawfully present for 180 days as of the 15th 
day following the voluntary termination of employ-
ment. 
‘‘(n) REPLACEMENT OF ALIEN.—An employer may 
designate an eligible alien to replace an H–2C worker who 
abandons employment notwithstanding the numerical limi-
tation found in section 214(g)(1)(C). 
‘‘(o) EXTENSION OF STAY OF H–2C WORKERS IN THE 
UNITED STATES.— 
‘‘(1) EXTENSION OF STAY.—If an employer seeks 
approval to employ an H–2C worker who is lawfully 
present in the United States, the petition filed by the 
employer or an association pursuant to subsection (b) 
shall request an extension of the alien’s stay and, if 
applicable, a change in the alien’s employment. 
‘‘(2) WORK AUTHORIZATION UPON FILING PETI-
TION FOR EXTENSION OF STAY.— 
‘‘(A) IN GENERAL.—An alien who is law-
fully present in the United States on the date of 
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the filing of a petition to extend the stay of the 
alien may commence or continue the employment 
described in a petition under paragraph (1) 
until and unless the petition is denied. The em-
ployer shall provide a copy of the employer’s pe-
tition for extension of stay to the alien. The alien 
shall keep the petition with the alien’s identifica-
tion and employment eligibility document, as 
evidence that the petition has been filed and that 
the alien is authorized to work in the United 
States. 
‘‘(B) 
EMPLOYMENT
ELIGIBILITY
DOCU-
MENT.—Upon approval of a petition for an ex-
tension of stay or change in the alien’s author-
ized employment, the Secretary of Homeland Se-
curity shall provide a new or updated employ-
ment eligibility document to the alien indicating 
the new validity date, after which the alien is 
not required to retain a copy of the petition. 
‘‘(C) FILE
DEFINED.—In this paragraph, 
the term ‘file’ means sending the petition by cer-
tified mail via the United States Postal Service, 
return receipt requested, or delivering by guar-
anteed commercial delivery which will provide 
the employer with a documented acknowledgment 
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of the date of receipt of the petition for an exten-
sion of stay. 
‘‘(3) LIMITATION ON AN INDIVIDUAL’S STAY IN 
STATUS.— 
‘‘(A) MAXIMUM
PERIOD.—The maximum 
continuous period of authorized status as an H– 
2C worker (including any extensions) is 18 
months for a worker employed in a job that is 
of a temporary or seasonal nature. For an H– 
2C worker employed in a job that is not of a 
temporary or seasonal nature, the initial max-
imum continuous period of authorized status is 
36 months and subsequent maximum continuous 
periods of authorized status are 18 months. 
There is no maximum continuous period of au-
thorized status for a sheepherder or for an H–2C 
worker who returns to the worker’s permanent 
residence outside the United States each day. 
‘‘(B) REQUIREMENT
TO
REMAIN
OUTSIDE 
THE UNITED STATES.—In the case of an alien 
outside the United States who was employed in 
a job of a temporary or seasonal nature pursu-
ant to section 101(a)(15)(H)(ii)(c) whose period 
of authorized status as an H–2C worker (includ-
ing any extensions) has expired, the alien may 
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not again be admitted to the United States as an 
H–2C worker unless the alien has remained out-
side the United States for a continuous period 
equal to at least 1⁄6 the duration of the alien’s 
previous period of authorized status as an H–2C 
worker. For an alien outside the United States 
who was employed in a job not of a temporary 
or 
seasonal 
nature 
pursuant 
to 
section 
101(a)(15)(H)(ii)(c) whose period of authorized 
status as an H–2C worker (including any exten-
sions) has expired, the alien may not again be 
admitted to the United States as an H–2C work-
er unless the alien has remained outside the 
United States for a continuous period equal to at 
least the lesser of 1⁄6 the duration of the alien’s 
previous period of authorized status as an H–2C 
worker or 3 months. There is no requirement to 
remain outside the United States for a sheep-
herder or for an H–2C worker who returns to the 
worker’s permanent residence outside the United 
States each day. 
‘‘(p) ADJUSTMENT OF STATUS.—Notwithstanding any 
other provision of law, an alien who is unlawfully present 
in the United States on April 25, 2013, is eligible to adjust 
status to that of an H–2C worker. 
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‘‘(q) 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.), all employers of H–2C workers shall 
withhold from the wages of the workers an 
amount equivalent to 10 percent of the wages of 
each worker and pay such withheld amount into 
the Trust Fund. 
‘‘(B) JOBS THAT ARE NOT OF A TEMPORARY 
OR
SEASONAL
NATURE.—Employers of H–2C 
workers employed in jobs that are not of a tem-
porary or seasonal nature shall 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 chap-
ters 21 and 23 of the Internal Revenue Code of 
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1986 had the H–2C workers been subject to such 
chapters. 
Amounts withheld under this paragraph shall be 
maintained in such interest bearing account with 
such a financial institution as the Secretary of Agri-
culture shall specify. 
‘‘(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 paid by the Secretary of State 
to the worker if— 
‘‘(A) the worker applies to the Secretary of 
State (or the designee of such Secretary) for pay-
ment within 120 days of the expiration of the 
alien’s last authorized stay in the United States 
as an H–2C worker at a United States embassy 
or consulate in the worker’s home country; 
‘‘(B) in such application the worker estab-
lishes that the worker has complied with the 
terms and conditions of the H–2C program; and 
‘‘(C) in connection with the application, the 
H–2C worker confirms their identity. 
‘‘(4) ADMINISTRATIVE EXPENSES.—The amounts 
paid into the Trust Fund and held pursuant to para-
graph (2)(B), and interest earned thereon, shall be 
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paid to the Secretary of State, the Secretary of Agri-
culture, and the Secretary of Homeland Security in 
amounts equivalent to the expenses incurred by such 
officials in the administration of the H–2C program 
not reimbursed pursuant to subsection (h)(2) or sec-
tion 218B(b). 
‘‘(5) LAW ENFORCEMENT.—Notwithstanding any 
other provision of law, amounts paid into the Trust 
Fund under paragraph (2), and interest earned there-
on, 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 ex-
pended without fiscal year limitation to the Secretary 
of Homeland Security to apprehend, detain, and re-
move aliens unlawfully present in the United States. 
‘‘(r) INVESTMENT OF TRUST FUND.— 
‘‘(1) 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 Secretary’s judgment, re-
quired 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. For 
such purpose, such obligations may be acquired— 
‘‘(A) on original issue at the price; or 
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‘‘(B) by purchase of outstanding obligations 
at the market price. 
The purposes for which obligations of the United 
States may be issued under chapter 31 of title 31, 
United States Code, are hereby extended to authorize 
the issuance at par of special obligations exclusively 
to the Trust Fund. Such special obligations shall bear 
interest at a rate equal to the average rate of interest, 
computed as to the end of the calendar month next 
preceding the date of such issue, borne by all market-
able interest-bearing obligations of the United States 
then forming a part of the public debt, except that 
where such average rate is not a multiple of 1⁄8 of 1 
percent, the rate of interest of such special obligations 
shall be the multiple of 1⁄8 of 1 percent next lower 
than such average rate. Such special obligations shall 
be issued only if the Secretary of the Treasury deter-
mines that the purchase of other interest-bearing obli-
gations of the United States, or of obligations guaran-
teed as to both principal and interest by the United 
States on original issue or at the market price, is not 
in the public interest. 
‘‘(2) SALE OF OBLIGATION.—Any obligation ac-
quired by the Trust Fund (except special obligations 
issued exclusively to the Trust Fund) may be sold by 
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the Secretary of the Treasury at the market price, and 
such special obligations may be redeemed at par plus 
accrued interest. 
‘‘(3) CREDITS TO TRUST FUND.—The interest on, 
and the proceeds from the sale or redemption of, any 
obligations held in the Trust Fund shall be credited 
to and form a part of the Trust Fund. 
‘‘(4) REPORT
TO
CONGRESS.—It shall be the 
duty of the Secretary of the Treasury to hold the 
Trust Fund, and (after consultation with the Sec-
retary of Agriculture) to report 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 oper-
ations during the next fiscal year. Such report shall 
be printed as both a House and a Senate document 
of the session of the Congress to which the report is 
made. 
‘‘(s) AUDIT OF TRUST FUND.—The Secretary of Home-
land Security annually shall audit the Trust Fund.’’. 
(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 inserted 
by subsection (a)) the following: 
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‘‘SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H–2C 
WORKERS. 
‘‘(a) AT-WILL EMPLOYMENT.— 
‘‘(1) IN GENERAL.—An H–2C worker may per-
form agricultural labor or services for any employer 
that is designated as a ‘registered agricultural em-
ployer’ pursuant to subsection (b). However, an H– 
2C worker may only perform labor or services pursu-
ant to this section if the worker is already lawfully 
present in the United States as an H–2C worker, hav-
ing been admitted or otherwise provided non-
immigrant status pursuant to section 218A, and has 
completed the period of employment specified in the 
job offer the worker accepted pursuant to section 218A 
or the employer has terminated the worker’s employ-
ment pursuant to section 218A(k)(3)(D)(i). An H–2C 
worker who abandons the employment which was the 
basis for admission or status pursuant 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 pe-
riod of employment specified in the job offer the work-
er accepted pursuant to section 218A or the employer 
has terminated the worker’s employment pursuant to 
section 218A(k)(3)(D)(i). 
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‘‘(2) PERIOD OF STAY.—An H–2C worker per-
forming such labor or services for a registered agricul-
tural employer is subject to the period of admission, 
limitation of stay in status, and requirement to re-
main outside the United States contained in sub-
sections (l) and (o)(3) of section 218A. 
‘‘(3) TERMINATION
OF
EMPLOYMENT.—At the 
conclusion of at-will employment with a registered 
agricultural employer or the conclusion of employ-
ment pursuant to section 218A qualifying an H–2C 
worker to perform at-will work pursuant to this sec-
tion, an H–2C worker shall find at-will employment 
with a registered agricultural employer or employ-
ment pursuant to section 218A within 30 days or will 
be considered to have failed to maintain non-
immigrant status as an H–2C worker and shall de-
part from the United States or be subject to removal 
under section 237(a)(1)(C)(i). An H–2C worker who 
does not so depart shall be considered to be inadmis-
sible pursuant to section 212(a)(9)(B)(i) for having 
been unlawfully present, with the alien considered to 
have been unlawfully present for 180 days as of the 
31st day after conclusion of employment where the 
alien has not found at-will employment with a reg-
istered agricultural employer or employment pursu-
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ant to section 218A. However, an alien may volun-
tarily terminate the alien’s employment if the alien 
promptly departs the United States upon termination 
of such employment. Either a registered agricultural 
employer or an H–2C worker may voluntarily termi-
nate the worker’s at-will employment at any time. 
The H–2C worker then shall find additional at-will 
employment with a registered agricultural employer 
or employment pursuant to section 218A within 30 
days or will be considered to have failed to maintain 
nonimmigrant status as an H–2C worker and shall 
depart from the United States or be subject to removal 
under section 237(a)(1)(C)(i). An H–2C worker who 
does not so depart shall be considered to be inadmis-
sible pursuant to section 212(a)(9)(B)(i) for having 
been unlawfully present, with the alien considered to 
have been unlawfully present for 180 days as of the 
31st day after conclusion of employment where the 
alien has not found at-will employment with a reg-
istered agricultural employer or employment pursu-
ant to section 218A. 
‘‘(b) REGISTERED AGRICULTURAL EMPLOYERS.—The 
Secretary of Agriculture shall establish a process to accept 
and adjudicate applications by employers to be designated 
as registered agricultural employers. The Secretary shall re-
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quire, as a condition of approving the petition, the payment 
of a fee to recover the reasonable cost of processing the appli-
cation. The Secretary shall designate an employer as a reg-
istered agricultural employer if the Secretary determines 
that the employer— 
‘‘(1) employs individuals who perform agricul-
tural labor or services; 
‘‘(2) has not been subject to debarment from re-
ceiving future temporary agricultural labor certifi-
cations pursuant to section 101(a)(15)(H)(ii)(a) 
within the last five 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 an H–2C worker 
pursuant to this section, abide by the terms of the at-
testations contained in section 218A(b) and the obli-
gations contained in subsections (k) (excluding para-
graph (3) of such subsection) and (q) of section 218A 
as if it had submitted a petition making those attesta-
tions and accepting those obligations; and 
‘‘(5) agrees to notify the Secretary of Agriculture 
and the Secretary of Homeland Security each time it 
employs an H–2C worker pursuant to this section 
within 24 hours of the commencement of employment 
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and each time an H–2C worker ceases employment 
within 24 hours of the cessation of employment. 
‘‘(c) LENGTH OF DESIGNATION.—An employer’s des-
ignation as a registered agricultural employer shall be valid 
for 3 years, and the designation can be extended upon re-
application for additional 3-year terms. The Secretary shall 
revoke a designation before the expiration of its three year 
term if the employer is subject to disqualification from the 
employment of H–2C workers subsequent to being des-
ignated as a registered agricultural employer. 
‘‘(d) ENFORCEMENT.—The Secretary of Agriculture 
shall be responsible for conducting investigations and ran-
dom audits of employers to ensure compliance with the re-
quirements of this section. All monetary fines levied against 
violating employers shall be paid to the Department of Ag-
riculture and used to enhance the Department of Agri-
culture’s investigatory and audit power. The Secretary of 
Agriculture’s enforcement powers and an employer’s liabil-
ity described in subsections (i) through (j) of section 218A 
are applicable to employers employing H–2C workers pur-
suant to this section. 
‘‘(e) REMOVAL OF H–2C WORKER.—The Secretary of 
Homeland Security shall promptly remove from the United 
States any H–2C worker who is or had been employed pur-
suant to this section on an at-will basis who is who violates 
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any term or condition of the worker’s nonimmigrant sta-
tus.’’. 
(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 Immi-
gration 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) may not 
exceed 500,000, except that— 
‘‘(i) the Secretary of Agriculture may de-
crease such number based on— 
‘‘(I) a shortage or surplus of workers 
performing agricultural labor or services; 
‘‘(II) growth or contraction in the 
United States agricultural industry that 
has increased or decreased the demand for 
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workers to perform agricultural labor or 
services; 
‘‘(III) the level of unemployment and 
underemployment of United States workers 
(as defined in section 218A(a)(8)) in agri-
cultural labor or services; 
‘‘(IV) the number of nonimmigrant 
workers employers sought during the pre-
ceding fiscal year pursuant to clause (a) or 
(c) of section 101(a)(15)(H)(ii); 
‘‘(V) the number of H–2C workers (as 
defined in section 218A(a)(5)) who in the 
preceding fiscal year had to depart from the 
United States or be subject to removal 
under section 237(a)(1)(C)(i) because they 
could not find additional at-will employ-
ment within 30 days pursuant to section 
218B; 
‘‘(VI) the estimated number of United 
States workers (as defined in section 
218A(a)(8)) who worked in agriculture dur-
ing the preceding fiscal year pursuant to 
clause 
(a) 
or 
(c) 
of 
section 
101(a)(15)(H)(ii); and 
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‘‘(VII) the number of nonimmigrant 
agricultural workers issued a visa or other-
wise provided nonimmigrant status pursu-
ant to clause (a) or (c) of section 
101(a)(15)(H)(ii) during preceding fiscal 
years who remain in the United States out 
of compliance with the terms of their status; 
‘‘(ii) during any fiscal year, the Secretary 
of Agriculture may increase such number on an 
emergency basis for severe shortages of agricul-
tural labor or services; and 
‘‘(iii) this numerical limitation shall not 
apply to any alien who performed agricultural 
labor or services in the United States for not 
fewer than 575 hours, or 100 days in which the 
alien was employed 5.75 or more hours per day, 
pursuant to section 7 of the AG Act during the 
2-year period beginning on the date of the enact-
ment of such Act and ending on the date that is 
2 years after such date.’’. 
(e) WAIVER
OF BARS
TO ADMISSIBILITY.—Section 
212(a)(9)(B)(v) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)(B)(v)) is amended— 
(1) by striking ‘‘The Attorney General’’ and in-
serting the following: 
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‘‘(I) IN GENERAL.—The Secretary 
of Homeland Security’’. 
(2) by striking ‘‘Attorney General’’ each place it 
appears and inserting ‘‘Secretary of Homeland Secu-
rity’’; and 
(3) by adding at the end the following: 
‘‘(II) H–2C WORKERS.—The Sec-
retary of Homeland Security shall 
waive clause (i) solely if necessary to 
allow an alien to come temporarily to 
the United States to perform agricul-
tural labor or services as provided in 
section 101(a)(15)(H)(ii)(c), except to 
the extent that the alien’s unlawful 
presence followed after the alien’s hav-
ing the status of a nonimmigrant 
under such section.’’. 
(f) PREVAILING WAGE.—Section 212(p) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(p)) is amend-
ed— 
(1) in paragraph (1), by inserting ‘‘and section 
218A’’ after ‘‘(t)(1)(A)(i)(II)’’; and 
(2) in paragraph (3), by inserting ‘‘and section 
218A’’ after ‘‘(t)(1)(A)(i)(II)’’. 
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(g) 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 sec-
tion 218 the following: 
‘‘Sec. 218A. Admission of temporary H–2C workers. 
‘‘Sec. 218B. At-will employment of temporary H–2C workers.’’. 
SEC. 4. MEDIATION. 
A 
nonimmigrant 
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 a civil 
action for damages against the nonimmigrant’s employer, 
nor may any other attorney or individual bring a civil ac-
tion for damages on behalf of such a nonimmigrant against 
the nonimmigrant’s employer, unless at least 90 days prior 
to bringing the action a request has been made to the Fed-
eral Mediation and Conciliation Service to assist the par-
ties in reaching a satisfactory resolution of all issues involv-
ing all parties to the dispute and mediation has been at-
tempted. 
SEC. 5. 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 
Nationality Act.’’ and inserting ‘‘under subclauses (a) and 
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(c) of section 101(a)(15)(H)(ii), and section 214(c), of the 
Immigration and Nationality Act.’’. 
SEC. 6. BINDING ARBITRATION. 
(a) APPLICABILITY.—Any H–2C worker may, as a 
condition of employment with an employer, be subject to 
mandatory binding arbitration and mediation of any 
grievance relating to the employment relationship. An em-
ployer shall provide any such worker with notice of such 
condition of employment at the time the job offer is made. 
(b) ALLOCATION OF COSTS.—Any cost associated with 
such arbitration and mediation process shall be equally di-
vided between the employer and the H–2C worker, 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 employment, 
the job responsibilities, the employee conduct stand-
ards, and the grievance resolution process, and to 
which an applicant or prospective H–2C worker must 
consent or accept in order to be hired for the position. 
(2) The term ‘‘H–2C worker’’ means a non-
immigrant described in section 101(a)(15)(H)(ii)(c) 
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of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(ii)(c)). 
SEC. 7. THE PERFORMANCE OF AGRICULTURAL LABOR OR 
SERVICES BY ALIENS WHO ARE UNLAWFULLY 
PRESENT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall waive the grounds of inadmissibility contained 
in paragraphs (5), (6), (7), and (9)(B) of section 212(a), 
and the grounds of deportability contained in subpara-
graphs (A) through (D) of paragraph (1), and paragraph 
(3), of section 237(a), of the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) in the case of an alien described 
in subsection (b) solely as may be necessary in order to 
allow the alien to perform agricultural labor or services. 
Such alien shall not be considered an unauthorized alien 
for purposes of section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)) or to be unlawfully 
present as long as the alien performs such labor or services. 
Such aliens must thereafter remain outside the United 
States for a period before they may be issued visas or other-
wise provided status as H–2C workers. 
(b) ALIENS DESCRIBED.—An alien described in this 
subsection is an alien who— 
(1) was physically present in the United States 
on April 25, 2013; and 
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(2) performed agricultural labor or services in 
the United States for not fewer than 575 hours, or 
100 days in which the alien was employed 5.75 or 
more hours per day, during the 2-year period ending 
on the date of the enactment of this Act. 
SEC. 8. ELIGIBILITY FOR FEDERAL PUBLIC BENEFITS AND 
REFUNDABLE TAX CREDITS. 
(a) FEDERAL PUBLIC BENEFITS.—H–2C workers (as 
defined in section 218A(a)(5) of the Immigration and Na-
tionality Act, as inserted by section 3(a) of this Act) and 
aliens performing agricultural labor or services pursuant 
to section 7 of this Act— 
(1) are not entitled to the premium assistance 
tax credit authorized under section 36B of the Inter-
nal Revenue Code of 1986; 
(2) shall be subject to the rules applicable to in-
dividuals who are not lawfully present set forth in 
subsection (e) of such section; and 
(3) 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 Afford-
able 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 inserted by section 3(a) of this Act) and 
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aliens performing agricultural labor or services pursuant 
to section 7 of this Act shall not be allowed any credit under 
section 24 or 32 of the Internal Revenue Code of 1986. In 
the case of a joint return, no credit shall be allowed under 
either such section if both spouses are such a worker or 
alien. 
SEC. 9. EFFECTIVE DATES; SUNSET; REGULATIONS. 
(a) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendments made by sec-
tions 2 and 4 through 6, and subsections (a) and (c) 
through (f) of section 3, of this Act shall take effect 
on the date that is 2 years after the date of the enact-
ment of this Act, and the Secretary of Agriculture 
shall accept petitions to import an alien under sec-
tions 101(a)(15)(H)(ii)(c) and 218A of the Immigra-
tion and Nationality Act, as inserted by this Act, be-
ginning on such date. 
(2) AT-WILL
EMPLOYMENT.—The amendment 
made by section 3(b) of this Act shall take effect on 
the date that it becomes unlawful for any person or 
other entity 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 Immigra-
tion and Nationality Act) (8 U.S.C. 1324a(a)(1)) 
without participating in the E-Verify Program de-
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scribed 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 only if at that time the E- 
Verify Program (or another program patterned after 
the E-Verify Program) responds to inquiries made by 
such persons or entities by providing confirmation, 
tentative nonconfirmation, and final nonconfirmation 
of an individual’s identity and employment eligibility 
in such a way that indicates whether the individual 
is eligible to be employed in all occupations or only 
to perform agricultural labor or services pursuant to 
section 101(a)(15)(H)(ii)(c) of the Immigration and 
Nationality Act (as inserted by this Act), and if the 
latter, whether the nonimmigrant would be in compli-
ance with their maximum continuous period of au-
thorized status and requirement to remain outside the 
United States pursuant to sections 218A and 218B of 
such Act (as so added) and on what date the alien 
would cease to be in compliance with their maximum 
continuous period of authorized status. 
(3) AGRICULTURAL
LABOR
OR
SERVICES
BY 
ALIENS UNLAWFULLY PRESENT.—Section 7 of this Act 
shall take effect on the date of the enactment of this 
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Act and shall cease to be in effect on the date that is 
2 years after such date. 
(b) OPERATION AND SUNSET OF THE H–2A PRO-
GRAM.— 
(1) APPLICATION OF EXISTING REGULATIONS.— 
The Department of Labor H–2A program regulations 
published at 73 Federal Register 77110 et seq. (2008) 
shall be in force for all petitions approved under sec-
tions 101(a)(15)(H)(ii)(c) and 218A of the Immigra-
tion and Nationality Act, as inserted by this Act, be-
ginning on the date of the enactment of this Act. 
(2) ADJUSTMENT OF STATUS.—Notwithstanding 
any other provision of law, an alien who is unlaw-
fully present in the United States on the date of the 
enactment of this Act is eligible to adjust status to 
that 
of 
an 
alien 
described 
in 
section 
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) beginning 
on the date of the enactment of this Act and ending 
on the date that is 2 years after the date of the enact-
ment of this Act. 
(3) SUNSET.—Beginning on the date that is 2 
years after the date of the enactment of this Act, no 
new petition to import an alien under sections 
101(a)(15)(H)(ii)(a) and 218 of the Immigration and 
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Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a); 8 
U.S.C. 1188) shall be accepted. 
(c) REGULATIONS.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary of Agri-
culture shall promulgate regulations, in accordance with the 
notice and comment provisions of section 553 of title 5, 
United States Code, to implement the Secretary’s duties 
under this Act. 
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Union Calendar No. 506 
113TH CONGRESS 
2D SESSION 
H. R. 1773 
[Report No. 113–674, Part I] 
A BILL 
To create a nonimmigrant H–2C work visa pro-
gram for agricultural workers, and for other pur-
poses. 
DECEMBER 12, 2014 
Reported from the Committee on the Judiciary with an 
amendment 
DECEMBER 12, 2014 
The Committees on Education and the Workforce and 
Ways and Means discharged; committed to the Com-
mittee of the Whole House on the State of the Union 
and ordered to be printed 
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