ment of status under this section except in accord-
ance with this subsection.
(2) ADMINISTRATIVE REVIEW.—
(A) SINGLE
LEVEL
OF
ADMINISTRATIVE
APPELLATE
REVIEW.—The Attorney General
shall establish an appellate authority to provide
for a single level of administrative appellate re-
view of such a determination.
(B) STANDARD
FOR
REVIEW.—Such ad-
ministrative appellate review shall be based
solely upon the administrative record estab-
lished at the time of the determination on the
application and upon such additional or newly
discovered evidence as may not have been avail-
able at the time of the determination.
(3) JUDICIAL REVIEW.—
(A) LIMITATION
TO
REVIEW
OF
EXCLU-
SION OR DEPORTATION.—There shall be judicial
review of such a denial only in the judicial re-
view of an order of removal under section 106.
(B) STANDARD FOR JUDICIAL REVIEW.—
Such judicial review shall be based solely upon
the administrative record established at the
time of the review by the appellate authority
and the findings of fact and determinations
contained in such record shall be conclusive un-
less the applicant can establish abuse of discre-
tion or that the findings are directly contrary to
clear and convincing facts contained in the
record considered as a whole.
(g) DISSEMINATION OF INFORMATION ON ADJUST-
MENT PROGRAM.—Beginning not later than the date des-
ignated by the Attorney General under subsection
(a)(1)(A), the Attorney General, in cooperation with quali-
fied designated entities, shall broadly disseminate informa-
tion respecting the benefits which aliens may receive under
this section and the requirements to obtain such benefits.
TITLE II—AGRICULTURAL
WORKER REGISTRIES
SEC. 201. AGRICULTURAL WORKER REGISTRIES.
(a) ESTABLISHMENT OF REGISTRIES.—
(1) IN GENERAL.—The Secretary of Labor shall
establish and maintain a system of registries con-
taining a current database of workers described in
paragraph (2) who seek agricultural employment
and the employment status of such workers—
(A) to ensure that eligible United States
workers are informed about available agricul-
tural job opportunities and have the right of
first refusal for the agricultural jobs available
through the registry; and
(B) to provide timely referral of such
workers to agricultural job opportunities in the
United States.
(2) COVERED WORKERS.—The workers covered
by paragraph (1) are—
(A) eligible United States workers; and
(B) eligible nonimmigrant agricultural
workers whose status was adjusted under sec-
tion 101(a).
(3) GEOGRAPHIC COVERAGE.—
(A) SINGLE STATE.—Each registry estab-
lished under paragraph (1) shall include the job
opportunities in a single State, except that, in
the case of New England States, two or more
such States may be represented by a single reg-
istry in lieu of multiple registries.
(B) REQUESTS
FOR
INCLUSION.—Each
State having any group of agricultural pro-
ducers seeking to utilize the registry shall be
represented by a registry, except that, in the
case of a New England State, the State shall be
represented by the registry covering the group
of States of which the State is a part.
(4) COMPUTER DATABASE.—The Secretary of
Labor may establish the registries as part of the
computer databases known as ‘‘America’s Job
Bank’’ and ‘‘America’s Talent Bank’’.
(5) RELATION TO PROCESS FOR IMPORTING H–
2A WORKERS.—Notwithstanding section 218 of the
Immigration and Nationality Act (8 U.S.C. 1188),
no petition to import an alien as an H–2A worker
(as defined in section 218(i)(2) of that Act) may be
approved by the Attorney General unless the H–2A
employer—
(A) has applied to the Secretary to conduct
a search of the registry of the State in which
the job opportunities for which H–2A workers
are sought are located; and
(B) has received a report described in sec-
tion 303(a)(1).
(b) REGISTRATION.—
(1) IN GENERAL.—An eligible individual who
seeks employment in agricultural work may apply to
be included in the registry for the State in which the
individual resides. Such application shall include—
(A) the name and address of the indi-
vidual;
(B) the period or periods of time (includ-
ing beginning and ending dates) during which
the individual will be available for agricultural
work;
(C) the registry or registries on which the
individual desires to be included;
(D) the specific qualifications and work ex-
perience possessed by the applicant;
(E) the type or types of agricultural work
the applicant is willing to perform;
(F) such other information as the appli-
cant wishes to be taken into account in refer-
ring the applicant to agricultural job opportuni-
ties; and
(G) such other information as may be re-
quired by the Secretary.
(2) VALIDATION OF EMPLOYMENT AUTHORIZA-
TION.—No person may be included on any registry
unless the Secretary of Labor has requested and ob-
tained from the Attorney General a certification that
the person is authorized to be employed in the
United States.
(3) UNITED STATES WORKERS.—United States
workers shall have preference in referral by the reg-
istry, and may be referred to any job opportunity
nationwide for which they are qualified and make a
commitment to be available at the time and place
needed.
(4) 
ADJUSTED
NONIMMIGRANTS.—Adjusted
nonimmigrant aliens who apply to be included in a
registry may only be referred to job opportunities for
which they are qualified within the State covered by
the registry or within States contiguous to that
State.
(5) SANCTIONS
FOR
NONCOMPLIANCE.—Ad-
justed nonimmigrant aliens who elect to be listed on
the registry and who fail to report to a registry job
opportunity for which they had made an affirmative
commitment and been referred will be removed from
the registry for a period of 6 months for the first
such failure and for a period of 1 year for each suc-
ceeding failure.
(6) USE OF REGISTRY.—Any United States ag-
ricultural
employer
may
use
the
registry.
(7) DISCRETIONARY USE FOR NEW HIRES.—An
agricultural employer may require prospective em-
ployees to register with a registry as a means of as-
suring that its workers are eligible to be employed
in the United States.
(8) WORKERS REFERRED TO JOB OPPORTUNI-
TIES.—The name of each registered worker who is
referred and accepts employment with an employer
shall be classified as inactive on each registry on
which the worker is included during the period of
employment involved in the job to which the worker
was referred, unless the worker reports to the Sec-
retary that the worker is no longer employed and is
available for referral to another job opportunity. A
registered worker classified as inactive shall not be
referred.
(9) REMOVAL OF NAMES FROM A REGISTRY.—
The Secretary shall remove from the appropriate
registry the name of any registered worker who, on
3 separate occasions within a 3-month period, is re-
ferred to a job opportunity pursuant to this section,
and who declines such referral or fails to report to
work in a timely manner.
(10) 
VOLUNTARY
REMOVAL.—A 
registered
worker may request that the worker’s name be re-
moved from a registry.
(11) REMOVAL BY EXPIRATION.—The applica-
tion of a registered worker shall expire, and the Sec-
retary shall remove the name of such worker from
the appropriate registry if the worker has not ac-
cepted a job opportunity pursuant to this section
within the preceding 12-month period.
(12) REINSTATEMENT.—A worker whose name
is removed from a registry pursuant to paragraph
(9), (10), or (11) may apply to the Secretary for re-
instatement to such registry at any time.
(c) CONFIDENTIALITY
OF REGISTRIES.—The Sec-
retary shall maintain the confidentiality of the registries
established pursuant to this section, and the information
in such registries shall not be used for any purposes other
than those authorized in this Act.
(d) ADVERTISING OF REGISTRIES.—The Secretary
shall widely disseminate, through advertising and other
means, the existence of the registries for the purpose of
encouraging eligible United States workers seeking agri-
cultural job opportunities to register. The Secretary of
Labor shall ensure that the information about the registry
is made available to eligible workers through all appro-
priate means, including appropriate State agencies, groups
representing farm workers, and nongovernmental organi-
zations, and shall ensure that the registry is accessible to
growers and farm workers.
TITLE III—H–2A REFORM
SEC. 301. EMPLOYER APPLICATIONS AND ASSURANCES.
(a) APPLICATIONS TO THE SECRETARY.—
(1) IN GENERAL.—Not later than 28 days prior
to the date on which an H–2A employer desires to
employ an H–2A worker in a temporary or seasonal
agricultural job opportunity, the employer shall, be-
fore petitioning for the admission of such a worker,
apply to the Secretary for the referral of a United
States worker or nonimmigrant agricultural worker
whose status was adjusted under section 101(a)
through a search of the appropriate registry, in ac-
cordance with section 302. Such application shall—
(A) describe the nature and location of the
work to be performed;
(B) list the anticipated period (expected
beginning and ending dates) for which workers
will be needed;
(C) indicate the number of job opportuni-
ties in which the employer seeks to employ
workers from the registry;
(D) describe the bona fide occupational
qualifications that must be possessed by a
worker to be employed in the job opportunity in
question;
(E) describe the wages and other terms
and conditions of employment the employer will
offer, which shall not be less (and are not re-
quired to be more) than those required by this
section;
(F) contain the assurances required by
subsection (c);
(G) specify the foreign country or region
thereof from which alien workers should be ad-
mitted in the case of a failure to refer United
States workers under this Act; and
(H) be accompanied by the payment of a
registry user fee determined under section
404(b)(1)(A) for each job opportunity indicated
under subparagraph (C).
(2) APPLICATIONS
BY
ASSOCIATIONS
ON
BE-
HALF OF EMPLOYER MEMBERS.—
(A) IN GENERAL.—An agricultural associa-
tion may file an application under paragraph
(1) for registered workers on behalf of its em-
ployer members.
(B) EMPLOYERS.—An application under
subparagraph (A) shall cover those employer
members of the association that the association
certifies in its application have agreed in writ-
ing to comply with the requirements of this Act.
(b) AMENDMENT OF APPLICATIONS.—Prior to receiv-
ing a referral of workers from a registry, an employer may
amend an application under this subsection if the employ-
er’s need for workers changes. If an employer makes a
material amendment to an application on a date which is
later than 28 days prior to the date on which the workers
on the amended application are sought to be employed,
the Secretary may delay issuance of the report described
in section 302(b) by the number of days by which the fil-
ing of the amended application is later than 28 days before
the date on which the employer desires to employ workers.
(c) ASSURANCES.—The assurances referred to in
subsection (a)(1)(F) are the following:
(1) ASSURANCE THAT THE JOB OPPORTUNITY
IS NOT A RESULT OF A LABOR DISPUTE.—The em-
ployer shall assure that the job opportunity for
which the employer requests a registered worker is
not vacant because a worker is involved in a strike,
lockout, or work stoppage in the course of a labor
dispute involving the job opportunity at the place of
employment.
(2) ASSURANCE THAT THE JOB OPPORTUNITY
IS TEMPORARY OR SEASONAL.—
(A) REQUIRED
ASSURANCE.—The em-
ployer shall assure that the job opportunity for
which the employer requests a registered worker
is temporary or seasonal.
(B) SEASONAL
BASIS.—For purposes of
this Act, labor is performed on a seasonal basis
where, ordinarily, the employment pertains to
or is of the kind exclusively performed at cer-
tain seasons or periods of the year and which,
from its nature, may not be continuous or car-
ried on throughout the year.
(C) TEMPORARY BASIS.—For purposes of
this Act, a worker is employed on a temporary
basis where the employment is intended not to
exceed 10 months.
(3) ASSURANCE OF PROVISION OF REQUIRED
WAGES AND BENEFITS.—The employer shall assure
that the employer will provide the wages and bene-
fits required by subsections (a), (b), and (c) of sec-
tion 304 to all workers employed in job opportunities
for which the employer has applied under subsection
(a) and to all other workers in the same occupation
at the place of employment, and in no case less than
the greater of the hourly wage prescribed under sec-
tion 6(a)(1) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206(a)(1)), or the applicable State
minimum wage.
(4) ASSURANCE
OF
EMPLOYMENT.—The em-
ployer shall assure that the employer will not refuse
to employ qualified individuals referred under sec-
tion 302, and will terminate qualified individuals
employed pursuant to this Act only for lawful job-
related reasons, including lack of work.
(5) ASSURANCE OF COMPLIANCE WITH LABOR
LAWS.—
(A) IN GENERAL.—An employer who re-
quests registered workers shall assure that, ex-
cept as otherwise provided in this Act, the em-
ployer will comply with all applicable Federal,
State, and local labor laws, including laws af-
fecting migrant and seasonal agricultural work-
ers, with respect to all United States workers
and alien workers employed by the employer.
(B) LIMITATIONS.—The disclosure re-
quired under section 201(a) of the Migrant and
Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1821(a)) may be made at any time
prior to the time the alien is issued a visa per-
mitting entry into the United States.
(6) ASSURANCE OF ADVERTISING OF THE REG-
ISTRY.—The employer shall assure that the em-
ployer will, from the day an application for workers
is submitted under subsection (a), and continuing
throughout the period of employment of any job op-
portunity for which the employer has applied for a
worker from the registry, post in a conspicuous place
a poster to be provided by the Secretary advertising
the availability of the registry.
(7) ASSURANCE OF ADVERTISING OF JOB OP-
PORTUNITIES.—The employer shall assure that not
later than 14 days after submitting an application to
a registry for workers under subsection (a) the em-
ployer will advertise the availability of the job oppor-
tunities for which the employer is seeking workers
from the registry in a publication in the local labor
market that is likely to be patronized by potential
farmworkers, if any, and refer interested workers to
register with the registry.
(8) ASSURANCE
OF
CONTACTING
FORMER
WORKERS.—The employer shall assure that the em-
ployer has made reasonable efforts through the
sending of a letter by United States Postal Service
mail, or otherwise, to contact any eligible worker the
employer employed during the previous season in the
occupation at the place of intended employment for
which the employer is applying for registered work-
ers, and has made the availability of the employer’s
job opportunities in the occupation at the place of
intended employment known to such previous work-
er, unless the worker was terminated from employ-
ment by the employer for a lawful job-related reason
or abandoned the job before the worker completed
the period of employment of the job opportunity for
which the worker was hired.
(9) ASSURANCE
OF
PROVISION
OF
WORKERS
COMPENSATION.—The employer shall assure that if
the job opportunity is not covered by the State work-
ers’ compensation law, that the employer will pro-
vide, at no cost to the worker, insurance covering in-
jury 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
workers’ compensation law for comparable employ-
ment.
(10) ASSURANCE OF PAYMENT OF ALIEN EM-
PLOYMENT USER FEE.—The employer shall assure
that if the employer receives a notice of insufficient
workers under section 302(c), such employer shall
promptly pay the alien employment user fee deter-
mined under section 404(b)(1)(B) for each job op-
portunity to be filled by an eligible alien as required
under such section.
(d) WITHDRAWAL OF APPLICATIONS.—
(1) IN GENERAL.—An employer may withdraw
an application under subsection (a), except that, if
the employer is an agricultural association, the asso-
ciation may withdraw an application under sub-
section (a) with respect to one or more of its mem-
bers. To withdraw an application, the employer shall
notify the Secretary in writing, and the Secretary
shall acknowledge in writing the receipt of such
withdrawal notice. An employer who withdraws an
application under subsection (a), or on whose behalf
an application is withdrawn, is relieved of the obliga-
tions undertaken in the application.
(2) LIMITATION.—An application may not be
withdrawn while any alien provided status under this
Act pursuant to such application is employed by the
employer.
(3) OBLIGATIONS UNDER OTHER STATUTES.—
Any obligation incurred by an employer under any
other law or regulation as a result of recruitment of
United States workers under an offer of terms and
conditions of employment required as a result of
making an application under subsection (a) is unaf-
fected by withdrawal of such application.
(e) REVIEW OF APPLICATION.—
(1) IN GENERAL.—Promptly upon receipt of an
application by an employer under subsection (a), the
Secretary shall review the application for compliance
with the requirements of such subsection.
(2) APPROVAL OF APPLICATIONS.—If the Sec-
retary determines that an application meets the re-
quirements of subsection (a), and the employer is
not ineligible to apply under paragraph (2), (3), or
(4) of section 305(b), the Secretary shall, not later
than 7 days after the receipt of such application, ap-
prove the application and so notify the employer.
(3) REJECTION OF APPLICATIONS.—If the Sec-
retary determines that an application fails to meet
1 or more of the requirements of subsection (a), the
Secretary, as expeditiously as possible, but in no
case later than 7 days after the receipt of such ap-
plication, shall—
(A) notify the employer of the rejection of
the application and the reasons for such rejec-
tion, and provide the opportunity for the
prompt resubmission of an amended applica-
tion; and
(B) offer the applicant an opportunity to
request an expedited administrative review or a
de novo administrative hearing before an ad-
ministrative law judge of the rejection of the
application.
(4) REJECTION FOR PROGRAM VIOLATIONS.—
The Secretary shall reject the application of an em-
ployer under this section if—
(A) the employer has been determined to
be ineligible to employ workers under section
401(b); or
(B) the employer during the previous two-
year period employed H–2A workers or reg-
istered workers and the Secretary of Labor has
determined, after notice and opportunity for a
hearing, that the employer at any time during
that period substantially violated a material
term or condition of the assurances made with
respect to the employment of United States
workers or nonimmigrant workers.
No employer may have applications under this sec-
tion rejected for more than 3 years for any violation
described in this paragraph.
SEC. 302. SEARCH OF REGISTRY.
(a) SEARCH PROCESS AND REFERRAL TO THE EM-
PLOYER.—Upon the approval of an application under sec-
tion 301(e), the Secretary shall promptly begin a search
of the registry of the State (or States) in which the work
is to be performed to identify registered United States
workers and adjusted aliens with the qualifications re-
quested by the employer. The Secretary shall contact such
qualified registered workers and determine, in each in-
stance, whether the worker is ready, willing, and able to
accept the employer’s job opportunity and will make the
affirmative commitment to work for the employer at the
time and place needed. The Secretary shall provide to each
worker who commits to work for the employer the employ-
er’s name, address, telephone number, the location where
the employer has requested that employees report for em-
ployment, and a statement disclosing the terms and condi-
tions of employment.
(b) DEADLINE FOR COMPLETING SEARCH PROCESS;
REFERRAL OF WORKERS.—As expeditiously as possible,
but not later than 7 days before the date on which an
employer desires work to begin, the Secretary shall com-
plete the search under subsection (a) and shall transmit
to the employer a report containing the name, address,
and social security account number of each registered
worker who has made the affirmative commitment de-
scribed in subsection (a) to work for the employer on the
date needed, together with sufficient information to enable
the employer to establish contact with the worker. The
identification of such registered workers in a report shall
constitute a referral of workers under this section.
(c) ACCEPTANCE OF REFERRALS.—H–2A employers
shall accept all qualified United States worker referrals
who make a commitment to report to work at the time
and place needed and to complete the full period of em-
ployment offered, and those adjusted nonimmigrants on
the registry of the State in which the intended employment
is located, and the immediately contiguous States. An em-
ployer shall not be required to accept more referrals than
the number of job opportunities for which the employer
applied to the registry.
(d) NOTICE OF INSUFFICIENT WORKERS.—If the re-
port provided to the employer under subsection (b) does
not include referral of a sufficient number of registered
workers to fill all of the employer’s job opportunities in
the occupation for which the employer applied under sec-
tion 301(a), the Secretary shall indicate in the report the
number of job opportunities for which registered workers
could not be referred, and shall promptly transmit a copy
of the report to the Attorney General and the Secretary
of State, by electronic or other means ensuring next day
delivery.
(e) USER FEE
FOR CERTIFICATION TO EMPLOY
ALIEN WORKERS.—With respect to each job opportunity
for which a notice of insufficient workers is made, the Sec-
retary shall require the payment of an alien employment
user fee determined under section 404(b)(1)(B).
SEC. 303. ISSUANCE OF VISAS AND ADMISSION OF ALIENS.
(a) IN GENERAL.—
(1) NUMBER OF ADMISSIONS.—Subject to para-
graph (3), the Secretary of State shall promptly
issue visas to, and the Attorney General shall admit,
as 
nonimmigrant 
aliens 
described 
in 
section
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act a sufficient number of eligible aliens des-
ignated by the employer to fill the job opportunities
of the employer—
(A) upon receipt of a copy of the report
described in section 302(c);
(B) upon approval of an application (or
copy of an application under subsection (b));
(C) upon receipt of the report required by
subsection (c)(1)(B); or
(D) upon receipt of a report under sub-
section (d).
(2) PROCEDURES.—The admission of aliens
under paragraph (1) shall be subject to the proce-
dures of section 218 of the Immigration and Nation-
ality Act, as amended by this Act.
(b) DIRECT APPLICATION UPON FAILURE TO ACT.—
(1) APPLICATION
TO
THE
SECRETARY
OF
STATE.—If the employer has not received a referral
of sufficient workers pursuant to section 302(b) or
a report of insufficient workers pursuant to section
302(c), by the date that is 7 days before the date
on which the work is anticipated to begin, the em-
ployer may submit an application for alien workers
directly to the Secretary of State, with a copy of the
application provided to the Attorney General, seek-
ing the issuance of visas to and the admission of
aliens for employment in the job opportunities for
which the employer has not received referral of reg-
istered workers. Such an application shall include a
copy of the employer’s application under section
301(a), together with evidence of its timely submis-
sion. The Secretary of State may consult with the
Secretary of Labor in carrying out this paragraph.
(2) EXPEDITED
CONSIDERATION
BY
SEC-
RETARY OF STATE.—The Secretary of State shall, as
expeditiously as possible, but not later than 5 days
after the employer files an application under para-
graph (1), issue visas to, and the Attorney General
shall admit, a sufficient number of eligible aliens
designated by the employer to fill the job opportuni-
ties for which the employer has applied under that
paragraph, if the employer has met the requirements
of sections 301 and 302. The employer shall be sub-
ject to the alien employment user fee determined
under section 404(b)(1)(B) with respect to each job
opportunity for which the Secretary of State author-
izes the issuance of a visa pursuant to paragraph
(2).
(c) REDETERMINATION OF NEED.—
(1) REQUESTS FOR REDETERMINATION.—
(A) IN GENERAL.—An employer may file a
request for a redetermination by the Secretary
of the employer’s need for workers if—
(i) a worker referred from the registry
is not at the place of employment on the
date of need shown on the application, or
the date the work for which the worker is
needed has begun, whichever is later;
(ii) the worker is not ready, willing,
able, or qualified to perform the work re-
quired; or
(iii) the worker abandons the employ-
ment or is terminated for a lawful job-re-
lated reason.
(B) ADDITIONAL AUTHORIZATION OF AD-
MISSIONS.—The Secretary shall expeditiously,
but in no case later than 72 hours after a rede-
termination is requested under subparagraph
(A), submit a report to the Secretary of State
and the Attorney General providing notice of a
need for workers under this subsection, if the
employer has met the requirements of sections
301 and 302 and the conditions described in
subparagraph (A).
(2) JOB-RELATED
REQUIREMENTS.—An em-
ployer shall not be required to initially employ a
worker who fails to meet lawful job-related employ-
ment criteria, nor to continue the employment of a
worker who fails to meet lawful, job-related stand-
ards of conduct and performance, including failure
to meet minimum production standards after a 3-
day break-in period.
(d) EMERGENCY APPLICATIONS.—Notwithstanding
subsections (b) and (c), the Secretary may promptly trans-
mit a report to the Attorney General and Secretary of
State providing notice of a need for workers under this
subsection for an employer—
(1) who has not employed aliens under this Act
in the occupation in question in the prior year’s ag-
ricultural season;
(2) who faces an unforeseen need for workers
(as determined by the Secretary); and
(3) with respect to whom the Secretary cannot
refer able, willing, and qualified workers from the
registry who will commit to be at the employer’s
place of employment and ready for work within 72
hours or on the date the work for which the worker
is needed has begun, whichever is later.
The employer shall be subject to the alien employment
user fee determined under section 404(b)(1)(B) with re-
spect to each job opportunity for which a notice of insuffi-
cient workers is made pursuant to this subsection.
(e) REGULATIONS.—The Secretary of State shall pre-
scribe regulations to provide for the designation of aliens
under this section.
SEC. 304. EMPLOYMENT REQUIREMENTS.
(a) REQUIRED WAGES.—
(1) IN GENERAL.—An employer applying under
section 301(a) for workers shall offer to pay, and
shall pay, all workers in the occupation or occupa-
tions for which the employer has applied for workers
from the registry, not less (and is not required to
pay more) than the greater of the prevailing wage in
the occupation in the area of intended employment
or the adverse effect wage rate. No worker shall be
paid less than the greater of the hourly wage pre-
scribed under section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)), or the
applicable State minimum wage.
(2) PAYMENT
OF
PREVAILING
WAGE
DETER-
MINED BY A STATE EMPLOYMENT SECURITY AGENCY
SUFFICIENT.—In complying with paragraph (1), an
employer may request and obtain a prevailing wage
determination from the State employment security
agency. If the employer requests such a determina-
tion, and pays the wage required by paragraph (1)
based upon such a determination, such payment
shall be considered sufficient to meet the require-
ment of paragraph (1).
(3) RELIANCE ON WAGE SURVEY.—In lieu of
the procedure of paragraph (2), an employer may
rely on other information, such as an employer-gen-
erated prevailing wage survey that the Secretary de-
termines meets criteria specified by the Secretary in
regulations.
(4) ALTERNATIVE METHODS OF PAYMENT PER-
MITTED.—
(A) IN GENERAL.—A prevailing wage may
be expressed as an hourly wage, a piece rate, a
task rate, or other incentive payment method,
including a group rate. The requirement to pay
at least the prevailing wage in the occupation
and area of intended employment does not re-
quire an employer to pay by the method of pay
in which the prevailing rate is expressed, except
that, if the employer adopts a method of pay
other than the prevailing rate, the burden of
proof is on the employer to demonstrate that
the employer’s method of pay is designed to
produce earnings equivalent to the earnings
that would result from payment of the pre-
vailing rate.
(B) COMPLIANCE
WHEN
PAYING
AN
IN-
CENTIVE RATE.—In the case of an employer
that pays a piece rate or task rate or uses any
other incentive payment method, including a
group rate, the employer shall be considered to
be in compliance with any applicable hourly
wage requirement if the average of the hourly
earnings of the workers, taken as a group, in
the activity for which a piece rate, task rate, or
other incentive payment, including a group rate,
is paid, for the pay period, is at least equal to
the required hourly wage, except that no worker
shall be paid less than the hourly wage pre-
scribed under section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1))
or the applicable State minimum wage.
(C) TASK
RATE.—For purposes of this
paragraph, the term ‘‘task rate’’ means an in-
centive payment method based on a unit of
work performed such that the incentive rate
varies with the level of effort required to per-
form individual units of work.
(D) GROUP RATE.—For purposes of this
paragraph, the term ‘‘group rate’’ means an in-
centive payment method in which the payment
is shared among a group of workers working to-
gether to perform the task.
(b) REQUIREMENT TO PROVIDE HOUSING.—
(1) IN GENERAL.—
(A) REQUIREMENT.—An employer apply-
ing under section 301(a) for registered workers
shall offer to provide housing at no cost (except
for charges permitted by paragraph (5)) to all
workers employed in job opportunities to which
the employer has applied under that section,
and to all other workers in the same occupation
at the place of employment, whose place of resi-
dence is beyond normal commuting distance.
(B) LIABILITY.—An employer not com-
plying with subparagraph (A) shall be liable to
a registered worker for the costs of housing
equivalent to the type of housing required to be
provided under that subparagraph and shall not
be liable for any employment-related obligation
solely by reason of such noncompliance.
(2) TYPE
OF
HOUSING.—In complying with
paragraph (1), an employer may, at the employer’s
election, provide housing that meets applicable Fed-
eral standards for temporary labor camps or secure
housing that meets applicable local standards for
rental or public accommodation housing or other
substantially similar class of habitation, or, in the
absence of applicable local standards, State stand-
ards for rental or public accommodation housing or
other substantially similar class of habitation.
(3) WORKERS ENGAGED IN THE RANGE PRO-
DUCTION OF LIVESTOCK.—The Secretary shall issue
regulations that address the specific requirements
for the provision of housing to workers engaged in
the range production of livestock.
(4) LIMITATION.—Nothing in this subsection
shall be construed to require an employer to provide
or secure housing for persons who were not entitled
to such housing under the temporary labor certifi-
cation regulations in effect on June 1, 1986.
(5) CHARGES FOR HOUSING.—
(A) UTILITIES
AND
MAINTENANCE.—An
employer who provides housing to a worker pur-
suant to paragraph (1) may charge an amount
equal to the fair market value (but not greater
than the employer’s actual cost) for mainte-
nance and utilities, or such lesser amount as
permitted by law.
(B) SECURITY
DEPOSIT.—An employer
who provides housing to workers pursuant to
paragraph (1) may require, as a condition for
providing such housing, a deposit not to exceed
$50 from workers occupying such housing to
protect against gross negligence or willful de-
struction of property.
(C) DAMAGES.—An employer who provides
housing to workers pursuant to paragraph (1)
may require a worker found to have been re-
sponsible for damage to such housing which is
not the result of normal wear and tear related
to habitation to reimburse the employer for the
reasonable cost of repair of such damage.
(6) HOUSING ALLOWANCE AS ALTERNATIVE.—
(A) IN
GENERAL.—In lieu of offering
housing pursuant to paragraph (1), the em-
ployer may provide a reasonable housing allow-
ance during the 3-year period beginning on the
date of enactment of this Act. After the expira-
tion of that period such allowance may be pro-
vided only if the requirement of subparagraph
(B) is satisfied or, in the case of a certification
under subparagraph (B) that is expired, the re-
quirement of subparagraph (C) is satisfied.
Upon the request of a worker seeking assist-
ance in locating housing, the employer shall
make a good faith effort to assist the worker in
identifying and locating housing in the area of
intended employment. An employer who offers a
housing allowance to a worker, or assists a
worker in locating housing which the worker oc-
cupies, pursuant to this subparagraph shall not
be deemed to be a housing provider under sec-
tion 203 of the Migrant and Seasonal Agricul-
tural Worker Protection Act (29 U.S.C. 1823)
solely by virtue of providing such housing allow-
ance.
(B) CERTIFICATION.—The requirement of
this subparagraph is satisfied if the Governor of
the State certifies to the Secretary that there is
adequate housing available in an area of in-
tended employment for migrant farm workers,
aliens provided status pursuant to this Act, or
nonimmigrant 
aliens 
described 
in 
section
101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act, who are seeking temporary
housing while employed at farm work. Such cer-
tification shall expire after 3 years unless re-
newed by the Governor of the State.
(C) EFFECT
OF
CERTIFICATION.—Not-
withstanding the expiration of a certification
under subparagraph (B) with respect to an area
of intended employment, a housing allowance
described in subparagraph (A) may be offered
for up to one year after the date of expiration.
(D) 
AMOUNT
OF
ALLOWANCE.—The
amount of a housing allowance under this para-
graph shall be equal to the statewide average
fair market rental for existing housing for non-
metropolitan counties for the State in which the
employment occurs, as established by the Sec-
retary of Housing and Urban Development pur-
suant to section 8(c) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)),
based on a 2-bedroom dwelling unit and an as-
sumption of 2 persons per bedroom.
(c) REIMBURSEMENT OF TRANSPORTATION.—
(1) TO
PLACE
OF
EMPLOYMENT.—A worker
who is referred to a job opportunity under section
302(a), or an alien employed pursuant to this Act,
who completes 50 percent of the period of employ-
ment of the job opportunity for which the worker
was hired, shall be reimbursed by the employer for
the cost of the worker’s transportation and subsist-
ence from the worker’s permanent place of residence
(or place of last employment, if the worker traveled
from such place) to the place of employment to
which the worker was referred under section 302(a).
(2) FROM PLACE OF EMPLOYMENT.—A worker
who is referred to a job opportunity under section
302(a), or an alien employed pursuant to this Act,
who completes the period of employment for the job
opportunity involved, shall be reimbursed by the em-
ployer for the cost of the worker’s transportation
and subsistence from the place of employment to the
worker’s place of residence, or to the place of next
employment, if the worker has contracted with a
subsequent employer who has not agreed to provide
or pay for the worker’s transportation and subsist-
ence to such subsequent employer’s place of employ-
ment.
(3) LIMITATION.—
(A) AMOUNT
OF
REIMBURSEMENT.—Ex-
cept as provided in subparagraph (B), the
amount of reimbursement provided under para-
graph (1) or (2) to a worker or alien shall not
exceed the lesser of—
(i) the actual cost to the worker or
alien of the transportation and subsistence
involved; or
(ii) the most economical and reason-
able 
common 
carrier 
transportation
charges and subsistence costs for the dis-
tance involved.
(B) DISTANCE TRAVELED.—No reimburse-
ment under paragraph (1) or (2) shall be re-
quired if the distance traveled is 100 miles or
less, or the worker is not residing in employer-
provided housing or housing secured through a
voucher as provided in subsection (b)(6).
(C) PLACE
OF
RECRUITMENT.—For the
purpose of the reimbursement required under
paragraph (1) or (2) to aliens admitted pursu-
ant to this Act, the alien’s place of residence
shall be deemed to be the place where the alien
was issued the visa authorizing admission to the
United States or, if no visa was required, the
place from which the alien departed the foreign
country to travel to the United States.
(d) CONTINUING OBLIGATION TO EMPLOY UNITED
STATES WORKERS.—
(1) IN GENERAL.—An employer that applies for
registered workers under section 301(a) shall, as a
condition for the approval of such application, con-
tinue to offer employment to qualified, eligible
United States workers who are referred under sec-
tion 302(b) after the employer receives the report
described in section 302(b).
(2) LIMITATION.—An employer shall not be ob-
ligated to comply with paragraph (1)—
(A) after 50 percent of the anticipated pe-
riod of employment shown on the employer’s
application under section 301(a) has elapsed; or
(B) during any period in which the em-
ployer is employing no H–2A workers in the oc-
cupation for which the United States worker
was referred; or
(C) during any period when the Secretary
is conducting a search of a registry for workers
in the occupation and area of intended employ-
ment to which the worker has been referred, or
in other occupations in the area of intended em-
ployment for which the worker that has been
referred is qualified and that offer substantially
similar terms and conditions of employment.
(3) LIMITATION ON REQUIREMENT TO PROVIDE
HOUSING.—Notwithstanding any other provision of
this Act, an employer to whom a registered worker
is referred pursuant to paragraph (1) may provide
a reasonable housing allowance to such referred
worker in lieu of providing housing if the employer
does not have sufficient housing to accommodate the
referred worker and all other workers for whom the
employer is providing housing or has committed to
provide housing.
(4) REFERRAL OF WORKERS DURING 50-PER-
CENT PERIOD.—The Secretary shall make all rea-
sonable efforts to place a registered worker in an
open job acceptable to the worker, including avail-
able jobs not listed on the registry, before referring
such worker to an employer for a job opportunity
already filled by, or committed to, an alien admitted
pursuant to this Act.
SEC. 305. PROGRAM FOR THE ADMISSION OF TEMPORARY
H–2A WORKERS.
Section 218 of the Immigration and Nationality Act
(8 U.S.C. 1188) is amended to read as follows:
‘‘ADMISSION OF TEMPORARY H–2A WORKERS
‘‘SEC. 218. (a) PROCEDURE FOR ADMISSION OR EX-
TENSION OF ALIENS.—
‘‘(1) ALIENS WHO ARE OUTSIDE THE UNITED
STATES.—
‘‘(A) CRITERIA FOR ADMISSIBILITY.—
‘‘(i) IN GENERAL.—An alien described
in section 101(a)(15)(H)(ii)(a) of the Im-
migration and Nationality Act shall be ad-
missible under this section if the alien is
designated pursuant to section 302 of the
Agricultural Job Opportunity Benefits and
Security Act of 2000, otherwise admissible
under this Act, and the alien is not ineli-
gible under clause (ii).
‘‘(ii) DISQUALIFICATION.—An alien
shall be ineligible for admission to the
United States or being provided status
under this section if the alien has, at any
time during the past 5 years—
‘‘(I) violated a material provision
of this section, including the require-
ment to promptly depart the United
States when the alien’s authorized pe-
riod of admission under this section
has expired; or
‘‘(II) otherwise violated a term or
condition of admission to the United
States as a nonimmigrant, including
overstaying the period of authorized
admission as such a nonimmigrant.
‘‘(iii) INITIAL
WAIVER
OF
INELIGI-
BILITY FOR UNLAWFUL PRESENCE.—
‘‘(I) IN GENERAL.—An alien who
has not previously been admitted to
the United States pursuant to this
section, and who is otherwise eligible
for admission in accordance with
clauses (i) and (ii), shall not be
deemed inadmissible by virtue of sec-
tion 212(a)(9)(B). Such an alien shall
depart the United States to be eligible
for admission under this section.
‘‘(II) TERMINATION.—Subclause
(I) shall terminate on the date that is
4 years after the date of the enact-
ment of the Agricultural Job Oppor-
tunity Benefits and Security Act of
2000.
‘‘(B) PERIOD OF ADMISSION.—The alien
shall be admitted for the period requested by
the employer not to exceed 10 months, or the
ending date of the anticipated period of employ-
ment on the employer’s application for reg-
istered workers, whichever is less, plus an addi-
tional period of 14 days, during which the alien
shall seek authorized employment in the United
States. During the 14-day period following the
expiration of the alien’s work authorization, the
alien is not authorized to be employed unless an
employer who is authorized to employ such
worker has filed an extension of stay on behalf
of the alien pursuant to paragraph (2).
‘‘(C) ABANDONMENT OF EMPLOYMENT.—
‘‘(i) IN GENERAL.—An alien admitted
or provided status under this section who
abandons the employment which was the
basis for such admission or status shall be
considered to have failed to maintain non-
immigrant status as an alien described in
section 101(a)(15)(H)(ii)(a) and shall de-
part the United States or be subject to re-
moval under section 237(a)(1)(C)(i).
‘‘(ii) REPORT
BY
EMPLOYER.—The
employer (or association acting as agent
for the employer) shall notify the Attorney
General within 7 days of an alien admitted
or provided status under this Act pursuant
to an application to the Secretary of Labor
under section 302 of the Agricultural Job
Opportunity Benefits and Security Act of
2000 by the employer who prematurely
abandons the alien’s employment.
‘‘(iii) REMOVAL
BY
THE
ATTORNEY
GENERAL.—The Attorney General shall
promptly remove from the United States
aliens 
admitted 
pursuant 
to 
section
101(a)(15)(H)(ii)(a) who have failed to
maintain nonimmigrant status or who have
otherwise violated the terms of a visa
issued under this title.
‘‘(iv) VOLUNTARY
TERMINATION.—
Notwithstanding the provisions of clause
(i), an alien may voluntarily terminate his
or her employment if the alien promptly
departs the United States upon termi-
nation of such employment.
‘‘(D) IDENTIFICATION
DOCUMENT
AND
IDENTIFICATION SYSTEM.—
‘‘(i) IN GENERAL.—Each alien admit-
ted under this section shall, upon receipt of
a visa, be given an identification and em-
ployment eligibility document to verify eli-
gibility for employment in the United
States and verify such person’s proper
identity.
‘‘(ii) REQUIREMENTS.—No identifica-
tion and employment eligibility document
may be issued and no identification system
may be implemented which does not meet
the following requirements:
‘‘(I) The document and system
shall be capable of reliably deter-
mining whether—
‘‘(aa) the individual with the
identification 
and 
employment
eligibility document whose eligi-
bility is being verified is in fact
eligible for employment,
‘‘(bb) the individual whose
eligibility is being verified is
claiming the identity of another
person, and
‘‘(cc) the individual whose
eligibility is being verified has
been properly admitted under
this section.
‘‘(II) The document shall be in
the form that is resistant to counter-
feiting and to tampering.
‘‘(III) The document and system
shall—
‘‘(aa) be compatible with
other Immigration and Natu-
ralization Service databases and
other Federal government data-
bases for the purpose of exclud-
ing aliens from benefits for which
they are not eligible and to deter-
mine whether the alien is illegally
present in the United States, and
‘‘(bb) be compatible with law
enforcement databases to deter-
mine if the alien has been con-
victed of criminal offenses.
‘‘(2) EXTENSION OF STAY OF ALIENS IN THE
UNITED STATES.—
‘‘(A) EXTENSION
OF
STAY.—If an em-
ployer with respect to whom a report or applica-
tion described in section 302(a)(1) of the Agri-
cultural Job Opportunity Benefits and Security
Act of 2000 has been submitted seeks to em-
ploy an alien who has acquired status under
this section and who is lawfully present in the
United States, the employer shall file with the
Attorney General an application for an exten-
sion of the alien’s stay or a change in the
alien’s authorized employment. The application
shall be accompanied by a copy of the appro-
priate report or application described in section
302 of the Agricultural Job Opportunity Bene-
fits and Security Act of 2000.
‘‘(B) LIMITATION ON FILING AN APPLICA-
TION FOR EXTENSION OF STAY.—An applica-
tion may not be filed for an extension of an
alien’s stay for a period of more than 10
months, or later than a date which is 3 years
from the date of the alien’s last admission to
the United States under this section, whichever
occurs first.
‘‘(C) WORK AUTHORIZATION UPON FILING
AN APPLICATION FOR EXTENSION OF STAY.—
An employer may begin employing an alien who
is present in the United States who has ac-
quired status under this Act on the day the em-
ployer files an application for extension of stay.
For the purpose of this requirement, the term
‘filing’ means sending the application by cer-
tified mail via the United States Postal Service,
return receipt requested, or delivered by guar-
anteed commercial delivery which will provide
the employer with a documented acknowledg-
ment of the date of sending and receipt of the
application. The employer shall provide a copy
of the employer’s application to the alien, who
shall keep the application with the alien’s iden-
tification and employment eligibility document
as evidence that the application has been filed
and that the alien is authorized to work in the
United States. Upon approval of an application
for an extension of stay or change in the alien’s
authorized employment, the Attorney General
shall provide a new or updated employment eli-
gibility document to the alien indicating the
new validity date, after which the alien is not
required to retain a copy of the application.
‘‘(D) LIMITATION
ON
EMPLOYMENT
AU-
THORIZATION
OF
ALIENS
WITHOUT
VALID
IDENTIFICATION
AND
EMPLOYMENT
ELIGI-
BILITY
CARD.—An expired identification and
employment eligibility document, together with
a copy of an application for extension of stay or
change in the alien’s authorized employment
that complies with the requirements of subpara-
graph (A), shall constitute a valid work author-
ization document for a period of not more than
60 days from the date of application for the ex-
tension of stay, after which time only a cur-
rently valid identification and employment eligi-
bility document shall be acceptable.
‘‘(E) LIMITATION
ON
AN
INDIVIDUAL’S
STAY IN STATUS.—An alien having status under
this section may not have the status extended
for a continuous period longer than 3 years un-
less the alien remains outside the United States
for an uninterrupted period of 6 months. An
absence from the United States may break the
continuity of the period for which a non-
immigrant 
visa 
issued 
under 
section
101(a)(15)(H)(ii)(a) is valid. If the alien has
resided in the United States 10 months or less,
an absence breaks the continuity of the period
if it lasts for at least 2 months. If the alien
has resided in the United States 10 months or
more, an absence breaks the continuity of the
period if it lasts for at least one-fifth the dura-
tion of the stay.
‘‘(b) STUDY BY THE ATTORNEY GENERAL.—The At-
torney General shall conduct a study to determine whether
aliens under this section depart the United States in a
timely manner upon the expiration of their period of au-
thorized stay. If the Attorney General finds that a signifi-
cant number of aliens do not so depart and that with-
holding a portion of the aliens’ wages to be refunded upon
timely departure is necessary as an inducement to assure
such departure, then the Attorney General shall so report
to Congress and make recommendations on appropriate
courses of action.’’.
(b) NO FAMILY MEMBERS PERMITTED.—Section
101(a)(15)(H) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)) is amended by striking ‘‘specified
in this paragraph’’ and inserting ‘‘specified in this sub-
paragraph (other than in clause (ii)(a))’’.
(c) RANGE PRODUCTION OF LIVESTOCK.—Nothing
in this title shall preclude the Secretary of Labor and the
Attorney General from continuing to apply special proce-
dures to the employment, admission, and extension of
aliens in the range production of livestock.
TITLE IV—MISCELLANEOUS
PROVISIONS
SEC. 401. ENHANCED WORKER PROTECTIONS AND LABOR
STANDARDS ENFORCEMENT.
(a) ENFORCEMENT AUTHORITY.—
(1) INVESTIGATION OF COMPLAINTS.—
(A) AGGRIEVED PERSON OR THIRD PARTY
COMPLAINTS.—The Secretary shall establish a
process for the receipt, investigation, and dis-
position of complaints respecting an employer’s
failure to meet a condition specified in section
301 or an employer’s misrepresentation of ma-
terial facts in an application under that section,
or violation of the provisions described in sub-
paragraph (B). Complaints may be filed by any
aggrieved person or any organization (including
bargaining representatives). No investigation or
hearing shall be conducted on a complaint con-
cerning such a failure or misrepresentation un-
less the complaint was filed not later than 12
months after the date of the failure or mis-
representation, as the case may be. The Sec-
retary shall conduct an investigation under this
paragraph if there is reasonable cause to believe
that such a failure or misrepresentation has oc-
curred.
(B) EXPEDITED INVESTIGATION OF SERI-
OUS CHILD LABOR, WAGE, AND HOUSING VIOLA-
TIONS.—The Secretary shall complete an inves-
tigation and issue a written determination as to
whether or not a violation has been committed
within 10 days of the receipt of a complaint
pursuant to subparagraph (A) if there is rea-
sonable cause to believe that any of the fol-
lowing serious violations have occurred:
(i) A violation of section 12(c) of the
Fair Labor Standards Act of 1938 (29
U.S.C. 212(c)).
(ii) A failure to make a wage pay-
ment, except that complaints alleging that
an amount less than the wages due has
been paid shall be handled pursuant to
subparagraph (A).