assists a worker in locating housing which 
the worker occupies, pursuant to this 
clause shall not be deemed a housing pro-
vider under section 203 of the Migrant and 
Seasonal Agricultural Worker Protection 
Act (29 U.S.C. 1823) solely by virtue of 
providing such housing allowance. How-
ever, no housing allowance may be used for 
housing which is owned or controlled by 
the employer. 
‘‘(ii) CERTIFICATION.—The require-
ment of this clause is satisfied if the Gov-
ernor of the State certifies to the Secretary 
of Labor that there is adequate housing 
available in the area of intended employ-
ment for migrant farm workers, and H–2A 
workers, who are seeking temporary hous-
ing while employed at farm work. Such 
certification shall expire after 3 years un-
less renewed by the Governor of the State. 
‘‘(iii) AMOUNT OF ALLOWANCE.—
‘‘(I) NONMETROPOLITAN
COUN-
TIES.—If the place of employment of 
the workers provided an allowance 
under this subparagraph is a non-
metropolitan county, the amount of 
the housing allowance under this sub-
paragraph shall be equal to the state-
wide average fair market rental for 
existing housing for nonmetropolitan 
counties for the State, as established 
by the Secretary of Housing and 
Urban Development pursuant to sec-
tion 8(c) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f(c)), 
based on a 2-bedroom dwelling unit 
and an assumption of 2 persons per 
bedroom. 
‘‘(II) 
METROPOLITAN
COUN-
TIES.—If the place of employment of 
the workers provided an allowance 
under this paragraph is in a metro-
politan county, the amount of the 
housing allowance under this subpara-
graph shall be equal to the statewide 
average fair market rental for existing 
housing for metropolitan counties for 
the State, as established by the Sec-
retary of Housing and Urban Devel-
opment pursuant 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. 
‘‘(4) REIMBURSEMENT OF TRANSPORTATION.—
‘‘(A) TO
PLACE
OF
EMPLOYMENT.—A 
worker shall be reimbursed by the employer for 
the cost of the worker’s transportation and sub-
sistence from the place from which the worker 
came to work for the employer (or place of last 
employment, if the worker traveled from such 
place) to the place of employment. 
‘‘(B) FROM PLACE OF EMPLOYMENT.—A 
worker who completes the period of employment 
for the job opportunity involved shall be reim-
bursed by the employer for the cost of the 
worker’s transportation and subsistence from 
the place of employment to the place from 
which the worker, disregarding intervening em-
ployment, came to work for the employer, 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 subsistence to such subse-
quent employer’s place of employment.
‘‘(C) LIMITATION.—
‘‘(i) AMOUNT OF REIMBURSEMENT.—
Except as provided in clause (ii), the 
amount of reimbursement provided under 
subparagraph (A) or (B) to a worker or 
alien shall not exceed the lesser of—
‘‘(I) the actual cost to the worker 
or alien of the transportation and sub-
sistence involved; or 
‘‘(II) the most economical and 
reasonable common carrier transpor-
tation charges and subsistence costs 
for the distance involved. 
‘‘(ii) DISTANCE TRAVELED.—No reim-
bursement under subparagraph (A) or (B) 
shall be required if the distance traveled is 
100 miles or less, or the worker is not re-
siding in employer-provided housing or 
housing secured through an allowance as 
provided in paragraph (1)(G). 
‘‘(D) EARLY TERMINATION.—If the worker 
is laid off or employment is terminated for con-
tract impossibility (as described in paragraph 
(5)(D)) before the anticipated ending date of 
employment, the employer shall provide the
transportation and subsistence required by sub-
paragraph (B) and, notwithstanding whether 
the worker has completed 50 percent of the pe-
riod of employment, shall provide the transpor-
tation reimbursement required by subparagraph 
(A).
‘‘(E) TRANSPORTATION BETWEEN LIVING 
QUARTERS
AND
WORK
SITE.—The employer 
shall provide transportation between the work-
er’s living quarters (i.e., housing provided by 
the employer pursuant to paragraph (1), includ-
ing housing provided through a housing allow-
ance) and the employer’s work site without cost 
to the worker, and such transportation will be 
in accordance with applicable laws and regula-
tions. 
‘‘(5) GUARANTEE OF EMPLOYMENT.—
‘‘(A) OFFER TO WORKER.—The employer 
shall guarantee to offer the worker employment 
for the hourly equivalent of at least three-
fourths of the work days of the total period of 
employment, beginning with the first work day 
after the arrival of the worker at the place of 
employment and ending on the expiration date 
specified in the job offer. For purposes of this