and the amount that was paid to such worker; 
and 
‘‘(B) shall be distributed to the worker to 
whom such wages are due. 
‘‘(k) MINIMUM WAGES, BENEFITS, AND WORKING 
CONDITIONS.— 
‘‘(1) PREFERENTIAL
TREATMENT
OF
ALIENS 
PROHIBITED.— 
‘‘(A) IN GENERAL.—Each employer seek-
ing to hire United States workers shall offer 
such workers not less than the same benefits, 
wages, and working conditions that the em-
ployer is offering, intends to offer, or will pro-
vide to H–2C workers. No job offer may impose 
on United States workers any restrictions or 
obligations which will not be imposed on the 
employer’s H–2C workers. 
‘‘(B) INTERPRETATION.—Every interpreta-
tion and determination made under this section 
or under any other law, regulation, or interpre-
tative provision regarding the nature, scope, 
and timing of the provision of these and any 
other benefits, wages, and other terms and con-
ditions of employment shall be made so that— 
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‘‘(i) the services of workers to their 
employers and the employment opportuni-
ties afforded to workers by the employers, 
including those employment opportunities 
that require United States workers or H– 
2C workers to travel or relocate in order to 
accept or perform employment— 
‘‘(I) mutually benefit such work-
ers, as well as their families, and em-
ployers; and 
‘‘(II) principally benefit neither 
employer nor employee; and 
‘‘(ii) employment opportunities within 
the United States benefit the United 
States economy. 
‘‘(2) REQUIRED WAGES.— 
‘‘(A) IN GENERAL.—Each employer peti-
tioning for workers under subsection (b) shall 
pay not less than the greater of— 
‘‘(i) the prevailing wage; or 
‘‘(ii) the applicable Federal, State, or 
local minimum wage, whichever is greatest. 
‘‘(B) SPECIAL
RULE.—An employer can 
utilize a piece rate or other alternative wage 
payment system as long as the employer guar-
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antees each worker a wage rate that equals or 
exceeds the amount required under subpara-
graph (A). 
‘‘(3) REIMBURSEMENT
OF
TRANSPORTATION 
COSTS.— 
‘‘(A) 
REQUIREMENT
FOR
REIMBURSE-
MENT.— 
‘‘(i) IN GENERAL.—Except for H–2C 
workers who are reasonably able to return 
to their permanent residence (either within 
or outside the United States) within the 
same day, an H–2C worker who completes 
50 percent of the period of employment of 
the job for which the worker was hired, be-
ginning on the first day of such employ-
ment, shall be reimbursed by the employer 
for the cost of the worker’s transportation 
and subsistence from— 
‘‘(I) the place from which the H– 
2C worker was approved to enter the 
United States to the location at which 
the work for the employer is per-
formed; or 
‘‘(II) if the H–2C worker trav-
eled from a place in the United States 
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at which the H–2C worker was last 
employed, from such place of last em-
ployment to the location at which the 
work for the employer is performed. 
‘‘(ii) 
CONSTRUCTION.—Notwith-
standing the Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.), the employer 
need not reimburse the cost of the H–2C 
worker’s transportation and subsistence 
unless the worker has completed 50 per-
cent of the period of employment of the job 
for which the workers was hired. 
‘‘(B) TIMING OF REIMBURSEMENT.—Reim-
bursement to the worker of expenses for the 
cost of the worker’s transportation and subsist-
ence to the place of employment under subpara-
graph (A) shall be considered timely if such re-
imbursement is made not later than the work-
er’s first regular payday after a worker com-
pletes 50 percent of the period of employment 
of the job opportunity as provided under this 
paragraph. 
‘‘(C) ADDITIONAL REIMBURSEMENT.—Ex-
cept for H–2C workers who are reasonably able 
to return to their permanent residence (either 
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within or outside the United States) within the 
same day, an H–2C worker who completes the 
period of employment for the job opportunity 
involved shall be reimbursed by the employer 
for the cost of the worker’s transportation and 
subsistence from the work site to the place 
where the worker was approved to enter the 
United States to work for the employer. If the 
worker has contracted with a subsequent em-
ployer, the previous and subsequent employer 
shall share the cost of the worker’s transpor-
tation and subsistence from work site to work 
site. 
‘‘(D) LIMITATION.— 
‘‘(i) AMOUNT OF REIMBURSEMENT.— 
The amount of reimbursement provided to 
a worker or alien under this paragraph 
shall be equal to 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. 
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‘‘(ii) DISTANCE TRAVELED.—No reim-
bursement under subparagraph (A) or (B) 
shall be required if the distance traveled is 
100 miles or less. 
‘‘(E) REIMBURSEMENT
FOR
LAID
OFF 
WORKERS.—If the worker is laid off or employ-
ment is terminated for contract impossibility 
(as described in paragraph (5)(D)) before the 
anticipated ending date of employment, the em-
ployer shall provide— 
‘‘(i) the transportation and subsist-
ence reimbursement required under sub-
paragraph (C); and 
‘‘(ii) notwithstanding whether the 
worker has completed 50 percent of the pe-
riod of employment, the transportation and 
subsistence reimbursement required under 
subparagraph (A). 
‘‘(F) 
CONSTRUCTION.—Notwithstanding 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.), the employer is not re-
quired to reimburse visa, passport, consular, or 
international border crossing fees or any other 
fees associated with the H–2C worker’s lawful 
admission into the United States to perform 
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employment that may be incurred by the work-
er. 
‘‘(4) EMPLOYMENT GUARANTEE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) REQUIREMENT.—Each employer 
petitioning for workers under subsection 
(b) shall guarantee to offer the worker em-
ployment for the hourly equivalent of not 
less than 50 percent of the work hours 
during the total anticipated period of em-
ployment, beginning with the first work 
day after the arrival of the worker at the 
place of employment and ending on the ex-
piration date specified in the job offer. 
‘‘(ii) 
FAILURE
TO
MEET
GUAR-
ANTEE.—If the employer affords the 
United States worker or the H–2C worker 
less employment than that required under 
this subparagraph, the employer shall pay 
such worker the amount which the worker 
would have earned if the worker had 
worked for the guaranteed number of 
hours. 
‘‘(iii) PERIOD OF EMPLOYMENT.—For 
purposes of this subparagraph, the term 
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‘period of employment’ means the total 
number of anticipated work hours and 
workdays described in the job offer and 
shall exclude the worker’s Sabbath and 
Federal holidays. 
‘‘(B) 
CALCULATION
OF
HOURS.—Any 
hours which the worker fails to work, up to a 
maximum of the number of hours specified in 
the job offer for a work day, when the worker 
has been offered an opportunity to do so, and 
all hours of work actually performed (including 
voluntary work in excess of the number of 
hours specified in the job offer in a work day, 
on the worker’s Sabbath, or on Federal holi-
days) may be counted by the employer in calcu-
lating whether the period of guaranteed employ-
ment has been met. 
‘‘(C) LIMITATION.—If the worker volun-
tarily abandons employment before the end of 
the contract period, or is terminated for cause, 
the worker is not entitled to the 50 percent 
guarantee described in subparagraph (A). 
‘‘(D) TERMINATION OF EMPLOYMENT.— 
‘‘(i) IN GENERAL.—If, before the expi-
ration of the period of employment speci-
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fied in the job offer, the services of the 
worker are no longer required due to any 
form of natural disaster, including flood, 
hurricane, 
freeze, 
earthquake, 
fire, 
drought, plant or animal disease, pest in-
festation, regulatory action, or any other 
reason beyond the control of the employer 
before the employment guarantee in sub-
paragraph (A) is fulfilled, the employer 
may terminate the worker’s employment. 
‘‘(ii) REQUIREMENTS.—If a worker’s 
employment is terminated under clause (i), 
the employer shall— 
‘‘(I) fulfill the employment guar-
antee in subparagraph (A) for the 
work days that have elapsed during 
the period beginning on the first work 
day after the arrival of the worker 
and ending on the date on which such 
employment is terminated; 
‘‘(II) make efforts to transfer the 
United States worker to other com-
parable employment acceptable to the 
worker; and 
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‘‘(III) not later than 24 hours 
after termination, notify (or have an 
association acting as an agent for the 
employer notify) the Secretary of 
Homeland Security of such termi-
nation. 
‘‘(l) PERIOD OF ADMISSION.— 
‘‘(1) IN GENERAL.—An H–2C worker shall be 
admitted for a period of employment, not to exceed 
10 months, that includes— 
‘‘(A) a period of not more than 7 days 
prior to the beginning of the period of employ-
ment for the purpose of travel to the work site; 
and 
‘‘(B) a period of not more than 14 days 
following the period of employment for the pur-
pose of departure or extension based on a sub-
sequent offer of employment. 
‘‘(2) EMPLOYMENT LIMITATION.—An alien may 
not be employed during the 14-day period described 
in paragraph (1)(B) except in the employment for 
which the alien is otherwise authorized. 
‘‘(m) ABANDONMENT OF EMPLOYMENT.— 
‘‘(1) IN GENERAL.—An alien admitted or pro-
vided status under section 101(a)(15)(H)(ii)(c) who 
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abandons the employment which was the basis for 
such admission or status— 
‘‘(A) shall have failed to maintain non-
immigrant status as an H–2C worker; and 
‘‘(B) shall depart the United States or be 
subject 
to 
removal 
under 
section 
237(a)(1)(C)(i). 
‘‘(2) REPORT BY EMPLOYER.—Not later than 
24 hours after an employer learns of the abandon-
ment of employment by an H–2C worker, the em-
ployer or association acting as an agent for the em-
ployer, shall notify the Secretary of Homeland Secu-
rity of such abandonment. 
‘‘(3) REMOVAL.—The Secretary of Homeland 
Security shall promptly remove from the United 
States any H–2C worker who violates any term or 
condition of the worker’s nonimmigrant status. 
‘‘(4) 
VOLUNTARY
TERMINATION.—Notwith-
standing paragraph (1), an alien may voluntarily 
terminate the alien’s employment if the alien 
promptly departs the United States upon termi-
nation of such employment. 
‘‘(n) REPLACEMENT OF ALIEN.—An employer may 
designate an eligible alien to replace an H–2C worker who 
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abandons employment notwithstanding the numerical limi-
tation found in section 214(g)(1)(C). 
‘‘(o) EXTENSION OF STAY OF H–2C WORKERS IN 
THE UNITED STATES.— 
‘‘(1) EXTENSION
OF
STAY.—If an employer 
seeks approval to employ an H–2C worker who is 
lawfully present in the United States, the petition 
filed by the employer or an association pursuant to 
subsection (b) shall request an extension of the 
alien’s stay and, if applicable, a change in the alien’s 
employment. 
‘‘(2) WORK AUTHORIZATION UPON FILING PE-
TITION FOR EXTENSION OF STAY.— 
‘‘(A) IN GENERAL.—An alien who is law-
fully present in the United States on the date 
of the filing of a petition to extend the stay of 
the alien may commence or continue the em-
ployment described in a petition under para-
graph (1) until and unless the petition is de-
nied. The employer shall provide a copy of the 
employer’s petition for extension of stay to the 
alien. The alien shall keep the petition with the 
alien’s identification and employment eligibility 
document, as evidence that the petition has 
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been filed and that the alien is authorized to 
work in the United States. 
‘‘(B) EMPLOYMENT
ELIGIBILITY
DOCU-
MENT.—Upon approval of a petition for an ex-
tension of stay or change in the alien’s author-
ized employment, the Secretary of Homeland 
Security shall provide a new or updated employ-
ment eligibility document to the alien indicating 
the new validity date, after which the alien is 
not required to retain a copy of the petition. 
‘‘(C) FILE DEFINED.—In this paragraph, 
the term ‘file’ means sending the petition by 
certified mail via the United States Postal Serv-
ice, return receipt requested, or delivering by 
guaranteed commercial delivery which will pro-
vide the employer with a documented acknowl-
edgment of the date of receipt of the petition 
for an extension of stay. 
‘‘(3) LIMITATION ON AN INDIVIDUAL’S STAY IN 
STATUS.— 
‘‘(A) MAXIMUM
PERIOD.—The maximum 
continuous period of authorized status as an 
H–2C worker (including any extensions) is 10 
months. 
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‘‘(B) REQUIREMENT TO REMAINS OUTSIDE 
THE UNITED STATES.—In the case of an alien 
outside the United States whose period of au-
thorized status as an H–2C worker (including 
any extensions) has expired, the alien may not 
again apply for admission to the United States 
as an H–2C worker unless the alien has re-
mained outside the United States for a contin-
uous period equal to at least 1⁄5 the duration of 
the alien’s previous period of authorized status 
as an H–2C worker (including any exten-
sions).’’. 
(b) PROHIBITION ON FAMILY MEMBERS.—Section 
101(a)(15)(H) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)) is amended by striking ‘‘him;’’ at 
the end and inserting ‘‘him, except that no spouse or child 
may be admitted under clause (ii)(c);’’. 
(c) NUMERICAL CAP.—Section 214(g)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1184(g)(1)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
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‘‘(C) under section 1101(a)(15)(H)(ii)(c) 
may not exceed 500,000.’’. 
(d) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item relating 
to section 218 the following: 
‘‘Sec. 218A. Admission of temporary H–2C workers.’’. 
SEC. 4. LEGAL ASSISTANCE. 
(a) IN GENERAL.—A nonimmigrant worker admitted 
to or permitted to remain in the United States under sec-
tion 101(a)(15)(H)(ii)(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)) for agricultural 
labor or service shall be considered to be an alien described 
in section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20)) 
for purposes of establishing eligibility for legal assistance 
under the Legal Services Corporation Act (42 U.S.C. 2996 
et seq.), but only with respect to legal assistance on mat-
ters relating to wages, housing, transportation, and other 
employment rights as provided in the job offer under 
which the nonimmigrant was admitted. The Legal Services 
Corporation may not provide legal assistance for or on be-
half of any such alien, and may not provide financial as-
sistance to any person or entity that provides legal assist-
ance for or on behalf of such alien, unless the alien is 
present in the United States at the time the legal assist-
ance is provided. 
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(b) MEDIATION.—An H–2C worker may not bring a 
civil action for damages against their employer, nor may 
the Legal Services Corporation or any other attorney or 
individual bring a civil action for damages on behalf of 
an H–2C worker, unless at least 90 days prior to bringing 
the action a request has been made to the Federal Medi-
ation and Conciliation Service to assist the parties in 
reaching a satisfactory resolution of all issues involving 
all parties to the dispute and mediation has been at-
tempted. 
(c) CONDITION FOR ENTRY ONTO PROPERTY FOR 
LEGAL SERVICES CORPORATION REPRESENTATION.—No 
employer of a nonimmigrant having status under section 
101(a)(15)(H)(ii)(c) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)) shall be required to 
permit any recipient of a grant or contract under section 
1007 of the Legal Services Corporation Act (42 U.S.C. 
2996f), or any employee of such a recipient, to enter upon 
the employer’s property, unless such recipient or employee 
has a pre-arranged appointment with a specific non-
immigrant having such status. 
SEC. 5. MIGRANT AND SEASONAL AGRICULTURAL WORKER 
PROTECTION. 
Section 3(8)(B)(ii) of the Migrant and Seasonal Agri-
cultural 
Worker 
Protection 
Act 
(29 
U.S.C. 
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1802(8)(B)(ii)) is amended by striking ‘‘under sections 
101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and 
Nationality Act.’’ and inserting ‘‘under subclauses (a) and 
(c) of section 101(a)(15)(H)(ii), and section 214(c), of the 
Immigration and Nationality Act.’’. 
SEC. 6. ARBITRATION AND MEDIATION. 
(a) APPLICABILITY.—Any H–2C worker may, as a 
condition of employment with an employer, be subject to 
mandatory binding arbitration and mediation of any griev-
ance relating to the employment relationship. An employer 
shall provide any such worker with notice of such condi-
tion of employment at the time the job offer is made. 
(b) ALLOCATION OF COSTS.—Any cost associated 
with such arbitration and mediation process shall be 
equally divided between the employer and the H–2C work-
er, except that each party shall be responsible for the cost 
of its own counsel, if any. 
(c) DEFINITIONS.—As used in this section: 
(1) The term ‘‘condition of employment’’ means 
a term, condition, obligation, or requirement that is 
part of the job offer, such as the term of employ-
ment, the job responsibilities, the employee conduct 
standards, and the grievance resolution process, and 
to which an applicant or prospective H–2C worker 
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must consent or accept in order to be hired for the 
position. 
(2) The term ‘‘H–2C worker’’ means a non-
immigrant described in section 101(a)(15)(H)(ii)(c) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(ii)(c)). 
SEC. 7. EFFECTIVE DATE; SUNSET; REGULATIONS. 
(a) EFFECTIVE DATE.—The amendments made by 
this Act shall take effect on the date that is 2 years after 
the date of the enactment of this Act, and the Secretary 
of Agriculture shall accept petitions to import an alien 
under sections 101(a)(15)(H)(ii)(c) and 218A of the Im-
migration and Nationality Act (as added by sections 2 and 
3 of this Act) beginning on such date. 
(b) SUNSET.—Beginning on the date that is 2 years 
after the date of the enactment of this Act, no new petition 
to import an alien under sections 101(a)(15)(H)(ii)(a) and 
218 of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(a); 8 U.S.C. 1188) shall be accepted. 
The Department of Labor H–2A program regulations 
published at 73 Fed. Reg. 77110 et seq. (2008) shall be 
in force for all petitions approved under such sections be-
ginning on the date of the enactment of this Act. 
(c) REGULATIONS.—Not later than 18 months after 
the date of the enactment of this Act, the Secretary of 
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Agriculture shall promulgate regulations, in accordance 
with the notice and comment provisions of section 553 of 
title 5, United States Code, to implement the Secretary’s 
duties under this Act. 
Æ 
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