HR 2595 IH1S
‘‘(1) IN GENERAL.—The employer (or the asso-
ciation acting as agent for the employer) shall notify
the Attorney General within 7 days if an H–2C alien
prematurely abandons the alien’s employment.
‘‘(2) OUT-OF-STATUS.—An H–2C alien who
abandons the alien’s employment shall be considered
to have failed to maintain nonimmigrant status as
an alien described in section 101(a)(15)(H)(ii)(c)
and shall leave the United States or be subject to
deportation under section 237(a)(1)(C)(i).
‘‘(e) ACCEPTANCE BY STATE EMPLOYMENT SECU-
RITY AGENCY.—The State employment security agency
shall review labor condition attestations submitted by em-
ployers or associations pursuant to this section only for
completeness and obvious inaccuracies. Unless such an
agency finds that the application is incomplete or obvi-
ously inaccurate, the agency shall accept the attestation
within 7 days of the date of filing of the attestation, and
return a copy to the applicant marked ‘accepted’.
‘‘(f) PUBLIC REGISTRY.—The Secretary shall main-
tain a registry of all accepted labor condition attestations
and make such registry available for public inspection.
‘‘(g) RESPONSIBILITIES OF STATE EMPLOYMENT SE-
CURITY AGENCIES.—
HR 2595 IH1S
‘‘(1) DISSEMINATION
OF
LABOR
MARKET
IN-
FORMATION.—The Secretary shall direct State em-
ployment security agencies to disseminate non-
employer-specific information about potential labor
needs based on accepted attestations filed by em-
ployers. Such dissemination shall be separate from
the clearance of job orders through the Interstate
and Intrastate Clearance Systems, and shall create
no obligations for employers except as provided in
this section.
‘‘(2) REFERRAL OF WORKERS ON STATE EM-
PLOYMENT SECURITY AGENCY JOB ORDERS.—Such
agencies holding job orders filed by employers cov-
ered by approved labor condition attestations shall
be authorized to refer any able, willing, and qualified
eligible job applicant who will be available at the
time and place needed and who is authorized to
work in the United States, including H–2C aliens
who are seeking additional work in the United
States and whose eligibility to remain in the United
States pursuant to subsection (i) has not expired, on
job orders filed by holders of accepted attestations.
‘‘(h) ENFORCEMENT AND PENALTIES.—
‘‘(1) ENFORCEMENT AUTHORITY.—
HR 2595 IH1S
‘‘(A) INVESTIGATION
OF
COMPLAINTS.—
The Secretary shall establish a process for the
receipt, investigation, and disposition of com-
plaints respecting an employer’s failure to meet
a condition specified in subsection (a) or an em-
ployer’s misrepresentation of material facts in
such an application. Complaints may be filed by
any aggrieved person or organizations (includ-
ing bargaining representatives). No investiga-
tion or hearing shall be conducted on a com-
plaint concerning such a failure or misrepresen-
tation unless the complaint was filed not later
than two years after the date of the failure or
misrepresentation, respectively. The Secretary
shall conduct an investigation under this sub-
paragraph if there is reasonable cause to believe
that such a failure or misrepresentation has oc-
curred.
‘‘(B) WRITTEN NOTICE OF FINDINGS AND
OPPORTUNITY
FOR
APPEAL.—After an inves-
tigation has been conducted, the Secretary shall
issue a written determination as to whether or
not any violation described in subparagraph (A)
has been committed. The Secretary’s deter-
mination shall be served on the complainant
HR 2595 IH1S
and the employer, and shall provide an oppor-
tunity for an appeal of the Secretary’s decision
to an administrative law judge, who may con-
duct a de novo hearing.
‘‘(2) REMEDIES.—
‘‘(A) BACK WAGES.—Upon a final deter-
mination that the employer has failed to pay
wages as required under this section, the Sec-
retary may assess payment of back wages due
to any United States worker or H–2C alien em-
ployed by the employer in the specific employ-
ment in question. The back wages shall be
equal to the difference between the amount that
should have been paid and the amount that ac-
tually was paid to such worker.
‘‘(B) FAILURE TO PAY WAGES.—Upon a
final determination that the employer has failed
to pay the wages required under this section,
the Secretary may assess a civil money penalty
up to $1,000 for each failure, and may rec-
ommend to the Attorney General the disquali-
fication of the employer from the employment
of H–2C aliens for a period of time determined
by the Secretary not to exceed 1 year.
HR 2595 IH1S
‘‘(C) OTHER
VIOLATIONS.—If the Sec-
retary, as a result of an investigation pursuant
to a complaint, determines that an employer
covered by an accepted labor condition attesta-
tion has—
‘‘(i) filed an attestation which mis-
represents a material fact; or
‘‘(ii) failed to meet a condition speci-
fied in subsection (a),
the Secretary may assess a civil money penalty
not to exceed $1,000 for each violation. In de-
termining the amount of civil money penalty to
be assessed, the Secretary shall consider the se-
riousness of the violation, the good faith of the
employer, the size of the business of the em-
ployer being charged, the history of previous
violations by the employer, whether the em-
ployer obtained a financial gain from the viola-
tion, whether the violation was willful, and
other relevant factors.
‘‘(D) PROGRAM DISQUALIFICATION.—
‘‘(i) 3-YEARS
FOR
SECOND
VIOLA-
TION.—Upon a second final determination
that an employer has failed to pay the
wages required under this section, the Sec-
HR 2595 IH1S
retary shall report such determination to
the Attorney General and the Attorney
General shall disqualify the employer from
the employment of H–2C aliens for a pe-
riod of 3 years.
‘‘(ii) PERMANENT FOR THIRD VIOLA-
TION.—Upon a third final determination
that an employer has failed to pay the
wages required under this section, the Sec-
retary shall report such determination to
the Attorney General and the Attorney
General shall disqualify the employer from
any subsequent employment of H–2C
aliens.
‘‘(3) ROLE OF ASSOCIATIONS.—
‘‘(A) VIOLATION BY A MEMBER OF AN AS-
SOCIATION.—An employer on whose behalf a
labor condition attestation is filed by an asso-
ciation acting as its agent is fully responsible
for such attestation, and for complying with the
terms and conditions of this section, as though
the employer had filed the attestation itself. If
such an employer is determined to have violated
a requirement of this section, the penalty for
such violation shall be assessed against the em-
HR 2595 IH1S
ployer who committed the violation and not
against the association or other members of the
association.
‘‘(B) VIOLATION BY AN ASSOCIATION ACT-
ING AS AN EMPLOYER.—If an association filing
a labor condition attestation on its own behalf
as an employer is determined to have commit-
ted a violation under this subsection which re-
sults in disqualification from the program under
paragraph (2)(D), no individual member of
such association may be the beneficiary of the
services of an H–2C alien in an occupation in
which such alien was employed by the associa-
tion during the period such disqualification is
in effect, unless such member files a labor con-
dition attestation as an individual employer or
such an attestation is filed on the employer’s
behalf by an association with which the em-
ployer has an agreement that the employer will
comply with the requirements of this section.
‘‘(i) PROCEDURE FOR ADMISSION OR EXTENSION OF
H–2C ALIENS.—
‘‘(1) ALIENS WHO ARE OUTSIDE THE UNITED
STATES.—
HR 2595 IH1S
‘‘(A) PETITIONING
FOR
ADMISSION.—An
employer or an association acting as agent for
its members who seeks the admission into the
United States of H–2C aliens may file a peti-
tion with the District Director of the Immigra-
tion and Naturalization Service having jurisdic-
tion over the location where the aliens will be
employed. The petition shall be accompanied by
an accepted and currently valid labor condition
attestation covering the petitioner. The petition
may be for named or unnamed individual or
multiple beneficiaries.
‘‘(B) EXPEDITED ADJUDICATION BY DIS-
TRICT DIRECTOR.—If an employer’s petition for
admission of H–2C aliens is correctly filled out,
and the employer is not ineligible to employ H–
2C aliens, the District Director (or the Direc-
tor’s designee) shall approve the petition within
3 working days of receipt of the petition and
accepted labor condition attestation and imme-
diately (by fax, cable, or other means assuring
expedited delivery) transmit a copy of the ap-
proved petition to the petitioner and to the ap-
propriate immigration officer at the port of
entry or United States consulate (as the case
HR 2595 IH1S
may be) where the petitioner has indicated that
the alien beneficiary (or beneficiaries) will apply
for a visa or admission to the United States.
‘‘(C) UNNAMED BENEFICIARIES SELECTED
BY PETITIONER.—The petitioning employer or
association or its representative shall approve
the issuance of visas to beneficiaries who are
unnamed on a petition for admission granted to
the employer or association.
‘‘(D) CRITERIA FOR ADMISSIBILITY.—
‘‘(i) IN GENERAL.—An alien shall be
admissible under this section if the alien is
otherwise admissible under this Act and
the alien is not debarred pursuant to the
provisions of clause (ii).
‘‘(ii) DISQUALIFICATION.—An alien
shall be debarred from admission or being
provided status as an H–2C alien 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-
HR 2595 IH1S
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.
‘‘(E) PERIOD
OF
ADMISSION.—The alien
shall be admitted for the period requested by
the petitioner not to exceed 10 months, or the
remaining validity period of the petitioner’s ap-
proved labor condition attestation, whichever is
less, plus an additional period of 14 days, dur-
ing which the alien shall seek authorized em-
ployment 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 the original petitioner or
a subsequent petitioner has filed an extension
of stay on behalf of the alien pursuant to para-
graph (2).
‘‘(F) ISSUANCE OF IDENTIFICATION AND
EMPLOYMENT ELIGIBILITY DOCUMENT.—
‘‘(i) 
IN
GENERAL.—The 
Attorney
General shall cause to be issued to each
HR 2595 IH1S
H–2C alien a card in a form which is re-
sistant to counterfeiting and tampering for
the purpose of providing proof of identity
and employment eligibility under section
274A.
‘‘(ii) DESIGN
OF
CARD.—Each card
issued pursuant to clause (i) shall be de-
signed in such a manner and contain a
photograph and other identifying informa-
tion (such as date of birth, sex, and distin-
guishing marks) that would allow an em-
ployer to determine with reasonable cer-
tainty that the bearer is not claiming the
identity of another individual, and shall—
‘‘(I) contain a fingerprint or
other biometric identifying data (or
both);
‘‘(II) specify the date of the
alien’s authorization as an H–2C
alien;
‘‘(III) specify the expiration date
of the alien’s work authorization; and
‘‘(IV) specify the alien’s admis-
sion number or alien file number.
‘‘(2) EXTENSION OF STAY.—
HR 2595 IH1S
‘‘(A) APPLICATION
FOR
EXTENSION
OF
STAY.—If a petitioner seeks to employ an H–2C
alien already in the United States, the peti-
tioner shall file with the Attorney General an
application for an extension of the alien’s stay.
The application for extension of stay shall be
accompanied by a currently valid labor condi-
tion attestation.
‘‘(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 2 years
from the date of the alien’s last admission to
the United States as a H–2C alien, whichever
occurs first. An application for extension of stay
may not be filed during the pendency of an
alien’s previous authorized period of employ-
ment, nor after the alien’s authorized stay in
the United States has expired.
‘‘(C) WORK AUTHORIZATION UPON FILING
AN APPLICATION FOR EXTENSION OF STAY.—
An employer may begin employing an alien al-
ready in the United States in H–2C status on
the day the employer files its application for ex-
HR 2595 IH1S
tension of stay. For the purpose of this require-
ment, the term ‘filing’ means sending the appli-
cation by certified mail via the United States
Postal Service, return receipt requested, or de-
livered by guaranteed commercial delivery which
will provide the employer with a documented ac-
knowledgment of the date of sending and re-
ceipt of the application. The employer shall pro-
vide a copy of the employer’s application for ex-
tension of stay to the alien, who shall keep the
application with the alien’s identification and
employment eligibility document as evidence
that the extension has been filed and that the
alien is authorized to work in the United
States. Upon approval of an application for ex-
tension of stay, the Attorney General shall pro-
vide a new or updated employment eligibility
document to the alien indicating the new valid-
ity date, after which the alien is not required to
retain a copy of the application for extension of
stay.
‘‘(D) LIMITATION
ON
EMPLOYMENT
AU-
THORIZATION OF H–2C ALIENS WITHOUT VALID
IDENTIFICATION
AND
EMPLOYMENT
ELIGI-
BILITY DOCUMENT.—An expired identification
HR 2595 IH1S
and employment eligibility document, together
with a copy of an application for extension of
stay, shall constitute a valid work authorization
document for a period of not more than 60
days from the date of application for the exten-
sion of stay, after which time only a currently
valid identification and employment eligibility
document shall be acceptable.
‘‘(3) LIMITATION ON AN INDIVIDUAL’S STAY IN
H–2C STATUS.—An alien having status as an H–2C
alien may not have the status extended for a contin-
uous period longer than 2 years unless the alien re-
mains outside the United States for an uninter-
rupted period of 6 months. An absence from the
United States may break the continuity of the period
for which an H–2C visa is valid. If the alien has re-
sided in the United States 10 months or less, an ab-
sence breaks the continuity of the period if its 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 duration of the stay.
‘‘(j) TRUST FUND TO ASSURE WORKER RETURN.—
‘‘(1) ESTABLISHMENT.—There is established in
the Treasury of the United States a trust fund (in
HR 2595 IH1S
this section referred to as the ‘Trust Fund’) for the
purpose of providing a monetary incentive for H–2C
aliens to return to their country of origin upon expi-
ration of their visas under this section.
‘‘(2) WITHHOLDING OF WAGES; PAYMENT INTO
THE TRUST FUND.—
‘‘(A) IN GENERAL.—Employers of H–2C
aliens shall—
‘‘(i) withhold from the wages of their
H–2C alien workers an amount equivalent
to 25 percent of the wages of each H–2C
alien worker and pay such withheld
amount into the Trust Fund in accordance
with paragraph (3); and
‘‘(ii) pay to the Trust Fund an
amount equivalent to the Federal tax on
the wages paid to H–2C aliens that the
employer would be obligated to pay under
the Federal Unemployment Tax Act and
the Federal Insurance Contributions Act.
Amounts withheld under clause (i) shall be
maintained in such interest bearing account
with such a financial institution as the Attorney
General shall specify.
HR 2595 IH1S
‘‘(3) DISTRIBUTION OF FUNDS.—Amounts paid
into the Trust Fund on behalf of a worker, and held
pursuant to paragraph (2)(A)(i) and interest earned
thereon, shall be paid by the Attorney General to the
worker if—
‘‘(A) the worker applies to the Attorney
General (or the designee of the Attorney Gen-
eral) for payment within 30 days of the expira-
tion of the alien’s last authorized stay in the
United States as a H–2C alien;
‘‘(B) in such application the worker estab-
lishes that the worker has complied with the
terms and conditions of this section; and
‘‘(C) in connection with the application,
the worker tenders the identification and em-
ployment authorization card issued to the work-
er pursuant to subsection (i)(1)(F) and estab-
lishes that the worker is identified as the per-
son to whom the card was issued based on the
biometric identification information contained
on the card.
‘‘(4) 
ADMINISTRATIVE
EXPENSES.—The
amounts paid into the Trust Fund and held pursu-
ant to paragraph (2)(A)(ii), and interest earned
thereon, shall be paid to the Attorney General, the
HR 2595 IH1S
Secretary of Labor, and the Secretary of State in
amounts equivalent to the expenses incurred by such
officials 
in 
the 
administration 
of 
section
101(a)(15)(H)(ii)(c) and this section.
‘‘(5) REGULATIONS.—The Attorney General
shall prescribe regulations to carry out this sub-
section.
‘‘(k) 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 judge-
ment, required to meet current withdrawals. Such
investments may be made only in interest-bearing
obligations of the United States or in obligations
guaranteed as to both principal and interest by the
United States. For such purpose, such obligations
may be acquired—
‘‘(A) on original issue at the price; or
‘‘(B) by purchase of outstanding obliga-
tions 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 author-
ize the issuance at par of special obligations exclu-
sively to the Trust Fund. Such special obligations
HR 2595 IH1S
‘‘(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 Attor-
ney General) to report to the Congress each year on
the financial condition and the results of the oper-
ations of the Trust Fund during the preceding fiscal
year and on its expected condition and operations
during the next fiscal year. Such report shall be
printed as both a House and a Senate document of
the session of the Congress to which the report is
made.
‘‘(l) MISCELLANEOUS PROVISIONS.—
‘‘(1) APPLICABILITY OF LABOR LAWS.—Except
as provided in paragraphs (2), (3), and (4), all Fed-
eral, State, and local labor laws (including laws af-
fecting migrant farm workers) applicable to United
States workers shall also apply to H–2C aliens.
‘‘(2) LIMITATION OF WRITTEN DISCLOSURE IM-
POSED UPON RECRUITERS.—Any disclosure required
of recruiters under section of 201(a) of the Migrant
and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1821(a)) need not be given to H–2C
aliens prior to the time their visa is issued permit-
ting entry into the United States.
HR 2595 IH1S
‘‘(3) EXEMPTION
FROM
FICA
AND
FUTA
TAXES.—The wages paid to H–2C aliens shall be ex-
cluded from wages subject to taxation under the
Federal Unemployment Tax Act and under the Fed-
eral Insurance Contributions Act.
‘‘(4) INELIGIBILITY FOR CERTAIN PUBLIC BEN-
EFITS PROGRAMS.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law and except as provided in
subparagraph (B), any alien provided status as
an H–2C alien shall not be eligible for any Fed-
eral or State or local means-tested public bene-
fit program.
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A)
shall not apply to the following:
‘‘(i) 
EMERGENCY
MEDICAL
SERV-
ICES.—The provision of emergency medical
services (as defined by the Attorney Gen-
eral in consultation with the Secretary of
Health and Human Services).
‘‘(ii) 
PUBLIC
HEALTH
IMMUNIZA-
TIONS.—Public health assistance for im-
munizations with respect to immunizable
diseases and for testing and treatment for
communicable diseases.
HR 2595 IH1S
‘‘(iii) SHORT-TERM EMERGENCY DIS-
ASTER
RELIEF.—The provision of non-
cash, in-kind, short-term emergency disas-
ter relief.
‘‘(m) REGULATIONS.—
‘‘(1) REGULATIONS OF THE SECRETARY.—The
Secretary shall consult with the Secretary of Agri-
culture, and the Attorney General shall approve, all
regulations dealing with the approval of labor condi-
tion attestations for H–2C aliens and enforcement of
the requirements for employing H–2C aliens under
an approved attestation. The Secretary shall promul-
gate, and the Attorney General shall approve, such
regulations not later than 180 days after the date of
the enactment of the Farmers’ Temporary Employ-
ment Assistance Act.
‘‘(2) REGULATIONS
OF
THE
ATTORNEY
GEN-
ERAL.—The Attorney General shall consult with the
Secretary of Agriculture on all regulations dealing
with the approval of petitions for admission or ex-
tension of stay of H–2C aliens and the requirements
for employing H–2C aliens and the enforcement of
such requirements. The Attorney General shall pro-
mulgate such regulations not later than 180 days
HR 2595 IH1S
after the date of the enactment of the Farmers’
Temporary Employment Assistance Act.
‘‘(n) DEFINITIONS.—For the purpose of this section:
‘‘(1) AGRICULTURAL ASSOCIATION.—The term
‘agricultural association’ means any nonprofit or co-
operative association of farmers, growers, or ranch-
ers incorporated or qualified under applicable State
law, which recruits, solicits, hires, employs, fur-
nishes, or transports any agricultural workers.
‘‘(2) AGRICULTURAL EMPLOYMENT.—The term
‘agricultural employment’ means any service or ac-
tivity included within the provisions of section 3(f)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(f)) or section 3121(g) of the Internal Revenue
Code of 1986 and the handling, planting, drying,
packing, packaging, processing, freezing, or grading
prior to delivery for storage of any agricultural or
horticultural commodity in its unmanufactured
state.
‘‘(3) EMPLOYER.—The term ‘employer’ means
any person or entity, including any independent con-
tractor and any agricultural association, that em-
ploys workers.
‘‘(4) H–2C ALIEN.—The term ‘H–2C alien’
means an alien admitted to the United States or
HR 2595 IH1S
provided status as a nonimmigrant under section
101(a)(15)(H)(ii)(c).
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of Labor.
‘‘(6) UNITED
STATES
WORKER.—The term
‘United States worker’ means any worker, whether
a United States citizen, a United States national, or
an alien, who is legally permitted to work in the job
opportunity within the United States other than an
alien admitted pursuant to this section.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 218 the following
new item:
‘‘Sec. 218A. Alternative agricultural worker program.’’.
Æ