I 
112TH CONGRESS 
1ST SESSION H. R. 2847 
To create a nonimmigrant H–2C work visa program for agricultural workers, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 7, 2011 
Mr. SMITH of Texas introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Edu-
cation and the Workforce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To create a nonimmigrant H–2C work visa program for 
agricultural workers, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Specialty 
Agriculture Act’’. 
SEC. 2. H–2C TEMPORARY AGRICULTURAL WORK VISA PRO-
GRAM. 
Section 101(a)(15)(H) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(H)) is amended by 
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striking ‘‘; or (iii)’’ and inserting ‘‘, or (c) having a resi-
dence 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 that are 
defined as agricultural labor in section 3121(g) of the In-
ternal Revenue Code of 1986, as agriculture in section 3(f) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(f)), and the pressing of apples for cider on a farm; 
or (iii)’’. 
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: 
‘‘(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 
performed. If such work site or location is within a 
Metropolitan Statistical Area, any place within such 
area shall be considered to be within the area of em-
ployment. 
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‘‘(2) DISPLACE.—The term ‘displace’ means to 
lay off a worker from a job that is essentially equiv-
alent to the job for which an H–2C worker is 
sought. A job shall not be considered to be ‘essen-
tially equivalent’ to another job unless the job— 
‘‘(A) involves essentially the same respon-
sibilities as such other job; 
‘‘(B) was held by a United States worker 
with substantially equivalent qualifications and 
experience; and 
‘‘(C) is located in the same area of employ-
ment as the other job. 
‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means an individual who is not an unau-
thorized alien (as defined in section 274A(h)(3)) 
with respect to the employment of the individual. 
‘‘(4) EMPLOYER.—The term ‘employer’ means 
an employer who hires workers to perform agricul-
tural employment. 
‘‘(5) H–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’— 
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‘‘(i) means to cause a worker’s loss of 
employment, other than through a dis-
charge for inadequate performance, viola-
tion of workplace rules, cause, voluntary 
departure, voluntary retirement, or the ex-
piration of a grant or contract (other than 
a temporary employment contract entered 
into in order to evade a condition described 
in paragraph (3) 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 employment opportunity with the same 
employer (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. 
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‘‘(7) PREVAILING WAGE.—The term ‘prevailing 
wage’ means the wage rate paid to workers in the 
same occupation in the area of employment that is 
calculated using the same methodology used by the 
Department of Labor to determine prevailing wages 
for the purpose of the program described in section 
101(a)(15)(H)(ii)(b) on January 1, 2011, except 
that if the wage rate is determined by means of a 
governmental survey, the survey shall provide at 
least four levels of wages commensurate with factors 
such as experience, qualifications, and the level of 
supervision (except that where an existing govern-
ment survey has only 2 levels, 2 intermediate levels 
may be created by dividing by 3, the difference be-
tween the 2 levels offered, adding the quotient thus 
obtained to the first level and subtracting that 
quotient from the second level), and that if the wage 
rate is determined by a survey that provides at least 
four levels of wages commensurate with factors such 
as experience, qualifications and the level of super-
vision, the prevailing wage shall be equal to the first 
wage level. 
‘‘(8) UNITED
STATES
WORKER.—The term 
‘United States worker’ means any worker who is— 
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‘‘(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 peti-
tion attesting to the following: 
‘‘(1) TEMPORARY WORK OR SERVICES.— 
‘‘(A) IN GENERAL.—The employer is seek-
ing 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 
the worker for no longer than 10 months dur-
ing any contract period. 
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‘‘(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 imme-
diately preceding such period of employment in the 
occupation at the place of employment for which the 
employer 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 
filing the attestation; and 
‘‘(ii) was unsuccessful in locating a 
qualified United States worker for the job 
opportunity for which the H–2C worker is 
sought. 
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‘‘(B) OTHER
REQUIREMENTS.—The re-
cruitment requirement under subparagraph (A) 
is satisfied if the employer places— 
‘‘(i) a local job order with the State 
workforce agency serving the local area 
where the work will be performed, except 
that nothing in this clause shall require the 
employer to file an interstate job order 
under section 653 of title 20, Code of Fed-
eral Regulations; and 
‘‘(ii) a Sunday advertisement in a 
newspaper of general circulation in the 
area of intended employment. 
‘‘(C) ADVERTISEMENT
REQUIREMENT.— 
The advertisement requirement under subpara-
graph (B)(ii) is satisfied if the advertisement— 
‘‘(i) names the employer; 
‘‘(ii) directs applicants to contact the 
employer or their representative; 
‘‘(iii) provides a description of the va-
cancy that is specific enough to apprise 
United States workers of the job oppor-
tunity for which certification is sought; 
‘‘(iv) describes the geographic area 
with enough specificity to apprise appli-
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provides otherwise, insurance covering injury and 
disease arising out of, and in the course of, the 
worker’s employment, which will provide benefits at 
least equal to those provided under the State work-
ers’ 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-
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 Sec-
retary of Agriculture, precludes the hiring of H–2C 
workers. 
‘‘(9) HOUSING.—Except for H–2C workers who 
are reasonably able to return to their permanent res-
idence (either within or outside the United States) 
within the same day, the employer will provide hous-
ing to H–2C workers through one of the following 
means: 
‘‘(A) Employer-owned housing in accord-
ance with regulations promulgated by the Sec-
retary of Agriculture. 
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‘‘(B) Rental or public accommodations or 
other substantially similar class of habitation in 
accordance with regulations promulgated by the 
Secretary of Agriculture. 
‘‘(C) Except where the Governor of the 
State has certified that there is inadequate 
housing available in the area of intended em-
ployment for migrant farm workers and H–2C 
workers seeking temporary housing while em-
ployed in agricultural work, the employer may 
furnish the worker with a housing voucher in 
accordance with regulations, if— 
‘‘(i) the employer has verified that 
housing is available for the period during 
which the work is to be performed, within 
a reasonable commuting distance of the 
place of employment, for the amount of the 
voucher provided, and that the voucher is 
useable for that housing; 
‘‘(ii) upon the request of a worker 
seeking assistance in locating housing for 
which the voucher will be accepted, the em-
ployer makes a good faith effort to assist 
the worker in identifying, locating and se-
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curing housing in the area of intended em-
ployment; and 
‘‘(iii) payment for the housing is made 
with a housing voucher that is only re-
deemable by the housing owner or their 
agent. 
An employer who provides housing through one of 
the foregoing means shall not be deemed a housing 
provider under section 203 of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 U.S.C. 
1823) by virtue of providing such housing. 
‘‘(10) PREVIOUS
VIOLATIONS.—The employer 
has not, during the previous two-year period, em-
ployed H–2C workers and knowingly violated a ma-
terial term or condition of approval with respect to 
the employment of domestic or nonimmigrant work-
ers, as determined by the Secretary of Agriculture 
after notice and opportunity for a hearing. 
‘‘(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 a copy of each such 
petition available for public examination, at the employer’s 
principal place of business or worksite. 
‘‘(d) LIST.— 
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‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture shall maintain a list of the petitions filed 
under subsection (b), which shall— 
‘‘(A) be sorted by employer; and 
‘‘(B) include the number of H–2C workers 
sought, the wage rate, the period of intended 
employment, 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 
worker; 
‘‘(B) unless the Secretary of Agriculture 
determines that the petition is incomplete or ob-
viously inaccurate, the Secretary, not later than 
10 business days after the date on which such 
petition was filed, shall either approve or reject 
the petition and provide the petitioner with no-
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tice of such action by means ensuring same or 
next day delivery; and 
‘‘(C) if the Secretary determines that the 
petition is incomplete or obviously inaccurate, 
the Secretary 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 10 business days of re-
ceipt of the corrected petition, approve or 
deny the petition and provide the petitioner 
with notice of such action by means ensur-
ing 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 
performed to the Department of Agriculture or the 
Department of Homeland Security for the purpose 
of investigations to determine compliance with H–2C 
requirements and the immigration laws. Notwith-
standing any other provision of law, the Depart-
ments of Agriculture and Homeland Security cannot 
delegate their compliance functions to other agencies 
or Departments. 
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‘‘(f) ROLES OF AGRICULTURAL ASSOCIATIONS.— 
‘‘(1) PERMITTING
FILING
BY
AGRICULTURAL 
ASSOCIATIONS.—A petition under subsection (b) to 
hire an alien as a temporary agricultural worker 
may be filed by an association of agricultural em-
ployers 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 agri-
cultural services of a temporary nature for which the 
petition 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)(10) 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. 
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‘‘(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-
culture shall consider as an employer for pur-
poses of subsection (b)(10) and invoke penalties 
pursuant to subsection (i) against only the as-
sociation 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 
administrative hearing at which new evidence may 
be introduced. 
‘‘(h) MISCELLANEOUS PROVISIONS.— 
‘‘(1) ENDORSEMENT
OF
DOCUMENTS.—The 
Secretary of Homeland Security shall provide for the 
endorsement of entry and exit documents of H–2C 
workers as may be necessary to carry out this sec-
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tion and to provide notice for purposes of section 
274A. 
‘‘(2) FEES.— 
‘‘(A) IN GENERAL.—The Secretary of Ag-
riculture shall require, as a condition of approv-
ing the petition, the payment of a fee, in ac-
cordance with subparagraph (B), to recover the 
reasonable cost of processing petitions. 
‘‘(B) FEE BY TYPE OF EMPLOYEE.— 
‘‘(i) SINGLE
EMPLOYER.—An em-
ployer whose petition for temporary alien 
agricultural workers is approved shall, for 
each approved petition, pay a fee that— 
‘‘(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— 
‘‘(I) subject to subclause (II), is 
equal to $100 plus $10 for each ap-
proved H–2C worker; and 
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‘‘(II) does not exceed $1,000. 
‘‘(iii) LIMITATION
ON
ASSOCIATION 
FEES.—A joint employer association under 
clause (ii) shall not be charged a separate 
fee. 
‘‘(C) METHOD
OF
PAYMENT.—The fees 
collected under this paragraph shall be paid by 
check or money order to the Department of Ag-
riculture. In the case of employers of H–2C 
workers that are members of a joint employer 
association petitioning on their behalf, the ag-
gregate 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 em-
ployer work sites to ensure compliance with the re-
quirements of the H–2C program. All monetary 
fines levied against violating employers shall be paid 
to the Department of Agriculture and used to en-
hance 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 op-
portunity 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 Sec-
retary— 
‘‘(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 
opportunity for a hearing, a willful failure to meet 
a material condition of subsection (b), or a willful 
misrepresentation of a material 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 $5,000 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 2 
years; 
‘‘(C) may, for a subsequent violation not 
arising out of the prior incident, disqualify the 
employer from the employment of H–2C work-
ers 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 Ag-
riculture finds, after notice and opportunity for a 
hearing, a willful failure to meet a material condition 
of subsection (b) or a willful misrepresentation of a 
material fact in a petition under subsection (b), in 
the course of which failure or misrepresentation the 
employer displaced a United States worker employed 
by the employer during the period of employment on 
the employer’s petition under subsection (b) or dur-
ing the period of 30 days preceding such period of 
employment, the Secretary— 
‘‘(A) may impose such other administrative 
remedies (including civil money penalties in an 
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amount not to exceed $15,000 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 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 
hearing, that the employer has failed to pay the 
wages, transportation, subsistence reimbursement, or 
guarantee of employment attested by the employer 
under subsection (b)(2), the Secretary shall assess 
payment of back wages, or such other required bene-
fits, due any United States worker or H–2C worker 
employed by the employer in the specific employment 
in question. 
‘‘(2) AMOUNT.—The back wages or other re-
quired benefits described in paragraph (1)— 
‘‘(A) shall be equal to the difference be-
tween the amount that should have been paid 
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