demption of, any obligations held in the Trust 
Fund shall be credited to and form a part of 
the Trust Fund. 
‘‘(C) REPORT TO CONGRESS.—It shall be 
the duty of the Secretary of the Treasury to 
hold the Trust Fund, and (after consultation 
with the Secretary of Homeland Security) to re-
port to the Congress each year on the financial 
condition and the results of the operations 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 docu-
ment of the session of the Congress in which 
the report is made. 
‘‘(r) PROCEDURES FOR SPECIAL PROCEDURES IN-
DUSTRIES.— 
‘‘(1) WORK
LOCATIONS.—The Secretary of 
Homeland Security shall permit an employer in a 
special procedures industry or that engages in a for-
estry-related activity that does not operate at a sin-
gle fixed place of employment to provide, as part of 
its petition, a list of places of employment, which— 
‘‘(A) may include an itinerary; and 
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‘‘(B) may be subsequently amended at any 
time by the employer, after notice to the Sec-
retary. 
‘‘(2) 
WAGES.—Notwithstanding 
subsection 
(j)(2), the Secretary of Agriculture may establish 
monthly, weekly, or biweekly wage rates for occupa-
tions in a Special Procedures Industry for a State 
or other geographic area. For an employer in a Spe-
cial Procedures Industry that typically pays a 
monthly wage, the Secretary shall require that H– 
2C workers be paid not less frequently than monthly 
and at a rate no less than the legally required 
monthly cash wage in an amount as re-determined 
annually by the Secretary. 
‘‘(3) ALLERGY LIMITATION.—An employer en-
gaged in the commercial beekeeping or pollination 
services industry may require that job applicants be 
free from bee-related allergies, including allergies to 
pollen and bee venom. 
‘‘(s) FLEXIBILITY
WITH
RESPECT
TO
START 
DATES.—Upon approval of a petition with regard to jobs 
that are of a temporary or seasonal nature, the employer 
may begin the employment of petitioned-for H–2C workers 
up to ten months after the first date the employer requires 
the labor or services of H–2C workers. 
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‘‘(t) ADJUSTMENT OF STATUS.—In applying section 
245 to an alien who is an H–2C worker who was the bene-
ficiary of a waiver under subsection (p)(1)— 
‘‘(1) such alien shall be deemed to have been in-
spected and admitted into the United States; and 
‘‘(2) in determining the alien’s admissibility as 
an immigrant, paragraphs (5)(A), (6)(A), (6)(C), 
(7), (9)(B), and (9)(C)(i)(I) of section 212(a) shall 
not apply with respect to conduct that occurred prior 
to the alien first receiving status as an H–2C work-
er.’’. 
(b) AT-WILL EMPLOYMENT.—Chapter 2 of title II of 
the Immigration and Nationality Act (8 U.S.C. 1181 et 
seq.) is amended by inserting after section 218A (as in-
serted by subsection (a) of this section) the following: 
‘‘SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H–2C 
WORKERS. 
‘‘(a) IN GENERAL.—An employer that is designated 
as a ‘registered agricultural employer’ pursuant to sub-
section (c) may employ aliens as H–2C workers. However, 
an H–2C worker may only perform labor or services pur-
suant to this section if the worker is already lawfully 
present in the United States as an H–2C worker, having 
been admitted or otherwise provided nonimmigrant status 
pursuant to section 218A, and has completed the period 
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of employment specified in the job offer the worker accept-
ed pursuant to section 218A or the employer has termi-
nated the worker’s employment pursuant to section 
218A(j)(3)(D)(i). An H–2C worker who abandons the em-
ployment which was the basis for admission or status pur-
suant to section 218A may not perform labor or services 
pursuant to this section until the worker has returned to 
their home country, been readmitted as an H–2C worker 
pursuant to section 218A and has completed the period 
of employment specified in the job offer the worker accept-
ed pursuant to section 218A or the employer has termi-
nated the worker’s employment pursuant to section 
218A(j)(3)(D)(i). 
‘‘(b) PERIOD OF STAY.—H–2C workers performing 
at-will labor or services for a registered agricultural em-
ployer are subject to the period of admission, limitation 
of stay in status, and requirement to remain outside the 
United States contained in subsections (m) and (n) of sec-
tion 218A. 
‘‘(c) REGISTERED AGRICULTURAL EMPLOYERS.— 
The Secretary of Agriculture shall establish a process to 
accept and adjudicate applications by employers to be des-
ignated as registered agricultural employers. The Sec-
retary shall require, as a condition of approving the appli-
cation, the payment of a fee to recover the reasonable cost 
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of processing the application. The Secretary shall des-
ignate an employer as a registered agricultural employer 
if the Secretary determines that the employer— 
‘‘(1) employs (or plans to employ) individuals 
who perform agricultural labor or services; 
‘‘(2) has not been subject to debarment from 
receiving temporary agricultural labor certifications 
pursuant to section 101(a)(15)(H)(ii)(a) within the 
last three years; 
‘‘(3) has not been subject to disqualification 
from the employment of H–2C workers within the 
last five years; 
‘‘(4) agrees to, if employing H–2C workers pur-
suant to this section, fulfill the attestations con-
tained in section 218A(b) as if it had submitted a 
petition making those attestations (excluding sub-
section (j)(3) of such section) and not to employ H– 
2C workers who have reached their maximum con-
tinuous period of authorized status under section 
218A(m) (subject to the exceptions contained in sec-
tion 218A(m)(3)) or if the workers have complied 
with the terms of section 218A(m)(2); and 
‘‘(5) agrees to notify the Secretary of Agri-
culture and the Secretary of Homeland Security 
each time it employs H–2C workers pursuant to this 
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section within 72 hours of the commencement of em-
ployment and within 72 hours of the cessation of 
employment. 
‘‘(d) LENGTH OF DESIGNATION.—An employer’s des-
ignation as a registered agricultural employer shall be 
valid for 3 years, and the Secretary may extend such des-
ignation for additional 3-year terms upon the reapplication 
of the employer. The Secretary shall revoke a designation 
before the expiration of its 3-year term if the employer 
is subject to disqualification from the employment of H– 
2C workers subsequent to being designated as a registered 
agricultural employer. 
‘‘(e) ENFORCEMENT.—The Secretary of Agriculture 
shall be responsible for conducting investigations and au-
dits, including random audits, of employers to ensure com-
pliance with the requirements of this section. All monetary 
fines levied against employers shall be paid to the Depart-
ment of Agriculture and used to enhance the Department 
of Agriculture’s investigatory and audit abilities to ensure 
compliance by employers with their obligations under this 
section and section 218A. The Secretary of Agriculture’s 
enforcement powers and an employer’s liability described 
in subsections (h) through (i) of section 218A are applica-
ble to employers employing H–2C workers pursuant to 
this section.’’. 
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(c) 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);’’. 
(d) 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: 
‘‘(C) under section 101(a)(15)(H)(ii)(c)— 
‘‘(i) may not exceed 40,000 for aliens 
issued 
visas 
or 
otherwise 
provided 
non-
immigrant status under such section for the 
purpose of performing agricultural labor or 
services consisting or meat or poultry proc-
essing; 
‘‘(ii) except as otherwise provided under 
this subparagraph, may not exceed 410,000 for 
aliens issued visas or otherwise provided non-
immigrant status under such section for the 
purpose of performing agricultural labor or 
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services other than agricultural labor or services 
consisting of meat or poultry processing; 
‘‘(iii) if the base allocation under clause (ii) 
is exhausted during any fiscal year the base al-
location for that and subsequent fiscal years 
shall be increased by the lesser of 10 percent 
(as a percentage of the base allocation for that 
fiscal year) or a percentage representing the 
number of petitioned-for aliens (as a percentage 
of the base allocation for that fiscal year) who 
would be eligible to be issued visas or otherwise 
provided nonimmigrant status described in that 
clause during that fiscal year but for the base 
allocation being exhausted, and if the increased 
base allocation is itself exhausted during a sub-
sequent fiscal year, the base allocation for that 
and subsequent fiscal years shall be further in-
creased by the lesser of 10 percent (as a per-
centage of the increased base allocation for that 
fiscal year) or a percentage representing the 
number of petitioned-for aliens (as a percentage 
of the increased base allocation for that fiscal 
year) who would be eligible to be issued visas or 
otherwise provided nonimmigrant status de-
scribed in that clause during that fiscal year 
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but for the increased base allocation being ex-
hausted (subject to clause (iv)); 
‘‘(iv) if the base allocation under clause (ii) 
is not exhausted during any fiscal year, the 
base allocation under such clause for subse-
quent fiscal years shall be decreased by the 
greater of 5 percent (as a percentage of the 
base allocation for that fiscal year) or a per-
centage representing the unutilized portion of 
the base allocation (as a percentage of the base 
allocation for that fiscal year) during that fiscal 
year, and if in a subsequent fiscal year the de-
creased base allocation is itself not exhausted, 
the base allocation for fiscal years subsequent 
to that fiscal year shall be further decreased by 
the greater of 5 percent (as a percentage of the 
decreased base allocation for that fiscal year) or 
a percentage representing the unutilized portion 
of the decreased base allocation (as a percent-
age of the decreased base allocation for that fis-
cal year) during that fiscal year (subject to 
clause (iii) and except that the base allocation 
shall not fall below 410,000); 
‘‘(v) for purposes of clause (ii), the numer-
ical limitations shall not apply to any alien— 
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‘‘(I) who— 
‘‘(aa) was physically present in 
the United States on July 11, 2018; 
and 
‘‘(bb) 
performed 
agricultural 
labor or services in the United States 
for at least 5.75 hours during each of 
at least 180 days during the 2-year 
period ending on July 11, 2018; or 
‘‘(II) who has previously been issued a 
visa or otherwise provided nonimmigrant 
status pursuant to subclause (a) or (b) of 
section 101(a)(15)(H)(ii), but only to the 
extent that the alien is being petitioned for 
by an employer pursuant to section 
218A(b) who previously employed the alien 
pursuant to subclause (a) or (b) of section 
101(a)(15)(H)(ii) beginning no later than 
July 11, 2018; and 
‘‘(vi) if, pursuant to clause (iii), the base 
allocation has been increased by 10 percent in 
a fiscal year, once petitioned-for aliens have 
been issued visas or otherwise provided non-
immigrant status accounting for 80 percent of 
that 10-percent increase in the base allocation, 
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the total number of aliens described in clause 
(ii) who may be issued visas or otherwise pro-
vided nonimmigrant status under this para-
graph during that year shall be increased, in 
addition to any increase under clause (iii), by— 
‘‘(I) for the first 2 fiscal years after 
the effective date of this paragraph, a 
number determined appropriate by the 
Secretary; and 
‘‘(II) for any subsequent fiscal year, 
by the lesser of 10 percent (as a percent-
age of the base allocation for that fiscal 
year) or a percentage representing the 
number of petitioned-for aliens (as a per-
centage of the base allocation for that fis-
cal year) who would be eligible to be issued 
visas or otherwise provided nonimmigrant 
status described in that clause during that 
fiscal year but for the increased base allo-
cation being exhausted, 
and such further increase under this clause 
shall not to be considered a part of the base al-
location for that fiscal year for the purpose cal-
culating the base allocation for subsequent fis-
cal years.’’. 
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(e) SECRETARY OF AGRICULTURE REVIEW OF AGRI-
CULTURAL WORK NEEDS.—Section 214 of the Immigra-
tion and Nationality Act (8 U.S.C. 1184) is amended by 
adding at the end the following: 
‘‘(s) SECRETARY OF AGRICULTURE REVIEW OF AG-
RICULTURAL WORK NEEDS.—The Secretary of Agri-
culture shall conduct a review, on a continual basis, of— 
‘‘(1) whether there are indicators of a shortage 
or surplus of workers performing agricultural labor 
or services; 
‘‘(2) the growth or contraction in the United 
States agricultural industry and whether such 
growth or contraction has increased or decreased the 
demand for workers to perform agricultural labor or 
services; 
‘‘(3) the level of unemployment and under-
employment of United States workers (as defined in 
section 218A(a)(7)) in agricultural labor or services; 
‘‘(4) the number of H–2C workers (as defined 
in section 218A(a)(5)) who in the preceding fiscal 
year had to depart from the United States or be 
subject to removal under section 237(a)(1)(C)(i) be-
cause they could not find additional at-will employ-
ment within 30 days pursuant to section 218B; and 
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‘‘(5) the estimated number of nonimmigrant ag-
ricultural workers issued a visa or otherwise pro-
vided nonimmigrant status pursuant to section 
101(a)(15)(H)(ii)(a) or (c) during preceding fiscal 
years who remain in the United States out of com-
pliance with the terms of their status.’’. 
(f) INTENT.—Section 214(b) of the Immigration and 
Nationality Act (8 U.S.C. 1184(b)) is amended by striking 
‘‘section 101(a)(15)(H)(i) except subclause (b1) of such 
section’’ and inserting ‘‘clause (i), except subclause (b1), 
or (ii)(c) of section 101(a)(15)(H)’’. 
(g) 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. 218B. At-will employment of temporary H–2C workers.’’. 
SEC. 104. MEDIATION. 
Nonimmigrants 
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)) may not bring civil 
actions for damages against their employers, nor may any 
other attorneys or individuals bring civil actions for dam-
ages on behalf of such nonimmigrants against the non-
immigrants’ employers, unless at least 90 days prior to 
bringing an action a request has been made to the Federal 
Mediation and Conciliation Service to assist the parties 
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in reaching a satisfactory resolution of all issues involving 
all parties to the dispute and mediation has been at-
tempted. 
SEC. 105. MIGRANT AND SEASONAL AGRICULTURAL WORK-
ER PROTECTION. 
Section 3(8)(B)(ii) of the Migrant and Seasonal Agri-
cultural 
Worker 
Protection 
Act 
(29 
U.S.C. 
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. 106. BINDING ARBITRATION. 
(a) APPLICABILITY.—H–2C workers may, as a condi-
tion of employment with an employer, be subject to man-
datory binding arbitration and mediation of any grievance 
relating to the employment relationship. An employer shall 
provide any such workers with notice of such condition of 
employment at the time it makes job offers. 
(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-
ers, except that each party shall be responsible for the cost 
of its own counsel, if any. 
(c) DEFINITIONS.—As used in this section: 
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(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, job responsibilities, employee conduct stand-
ards, and the grievance resolution process, and to 
which applicants or prospective H–2C workers must 
consent or accept in order to be hired for the posi-
tion. 
(2) The term ‘‘H–2C worker’’ means a non-
immigrant described in section 218A(a)(5) of the 
Immigration and Nationality Act, as added by this 
title. 
SEC. 107. COVERAGE THROUGH HEALTH EXCHANGES; RE-
QUIRED HEALTH INSURANCE COVERAGE. 
(a) COVERAGE THROUGH HEALTH EXCHANGES.—In 
applying section 1312(f)(3) of the Patient Protection and 
Affordable Care Act (42 U.S.C. 18032(f)(3)), an H–2C 
worker (as defined in section 218A(a)(5) of the Immigra-
tion and Nationality Act, as added by this title) shall not 
be treated as an individual who is, or is reasonably ex-
pected to be, a citizen or national of the United States 
or an alien lawfully present in the United States. 
(b) REQUIREMENT REGARDING HEALTH INSURANCE 
COVERAGE.— 
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(1) IN
GENERAL.—Notwithstanding the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.) and State and local wage laws, not later than 
21 days after being issued a visa or otherwise pro-
vided 
nonimmigrant 
status 
under 
section 
101(a)(15)(H)(ii)(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)), an alien 
shall, in the case that qualifying health coverage is 
offered in the State of employment or State of resi-
dence of such alien and the alien is eligible for such 
coverage, for the period of employment specified in 
section 218A(b)(1) of the Immigration and Nation-
ality Act, be enrolled under qualifying health cov-
erage. 
(2) QUALIFYING HEALTH COVERAGE.—For pur-
poses of paragraph (1), the term ‘‘qualifying health 
coverage means’’, with respect to an alien described 
in such paragraph, the higher of the following levels 
of coverage applicable to such alien: 
(A) At a minimum, catastrophic health in-
surance coverage that provides coverage of such 
individual with respect to at least the State of 
employment and State of residence of the alien. 
(B) In the case of an alien whose State of 
residence or State of employment requires such 
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an alien to maintain coverage under health in-
surance, such health insurance. 
SEC. 108. ESTABLISHMENT OF AN AGRICULTURAL WORKER 
EMPLOYMENT POOL. 
The Secretary of Agriculture may establish an agri-
cultural worker employment pool and an electronic Inter-
net-based portal to assist H–2C workers (as such term 
is defined in section 218A of the Immigration and Nation-
ality Act), prospective H–2C workers, and employers to 
identify job opportunities in the H–2C program and will-
ing, able, and available workers for the program, respec-
tively, and may charge a fee for the use of such portal. 
SEC. 109. PREVAILING WAGE. 
Section 212(p) of the Immigration and Nationality 
Act (8 U.S.C. 1182(p)) is amended— 
(1) in paragraph (1), by inserting after ‘‘sub-
sections 
(a)(5)(A), 
(n)(1)(A)(i)(II), 
and 
(t)(1)(A)(i)(II)’’ the following: ‘‘of this section and 
section 218A(j)(2)(B)(ii)’’; and 
(2) in paragraph (3), by inserting after ‘‘sub-
sections 
(a)(5)(A), 
(n)(1)(A)(i)(II), 
and 
(t)(1)(A)(i)(II)’’ the following: ‘‘of this section and 
section 218A(j)(2)(B)(ii)’’. 
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SEC. 110. PORTABILITY OF H–2C STATUS. 
Section 214(n)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1184(n)(1)) is amended by inserting after 
‘‘section 
101(a)(15)(H)(i)(b)’’ 
the 
following: 
‘‘or 
101(a)(15)(H)(ii)(c)’’. 
SEC. 111. EFFECTIVE DATES; SUNSET; REGULATIONS. 
(a) EFFECTIVE DATES; REGULATIONS.— 
(1) IN
GENERAL.—Sections 102 and 104 
through 106 of this title, subsections (a) and (c) 
through (f) of section 103 of this title, and the 
amendments made by the sections, shall take effect 
on the date on which the Secretary issues the rules 
under paragraph (3), and the Secretary of Home-
land Security shall accept petitions pursuant to sec-
tion 218A of the Immigration and Nationality Act, 
as inserted by this Act, beginning no later than that 
date. Sections 107 and 109 of this title shall take 
effect on the date of the enactment of this Act. 
(2) AT-WILL EMPLOYMENT.—Section 103(b) of 
this title and the amendments made by that sub-
section shall take effect when— 
(A) it becomes unlawful for all persons or 
other entities to hire, or to recruit or refer for 
a fee, for employment in the United States an 
individual (as provided in section 274A(a)(1) of 
the Immigration and Nationality Act (8 U.S.C. 
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1324a(a)(1))) without using the verification 
system set forth in section 274A(d) of such Act, 
as amended by section 203 of title II, to seek 
verification of the employment eligibility of an 
individual; and 
(B) such verification system, in providing 
confirmation of an individual’s employment eli-
gibility, indicates whether an individual is eligi-
ble to be employed in all occupations or only to 
perform agricultural labor or services as a non-
immigrant who has been issued a visa or other-
wise provided nonimmigrant status under sec-
tion 101(a)(15)(H)(ii)(C) of the Immigration 
and Nationality Act. 
(3) REGULATIONS.—Notwithstanding any other 
provision of law, not later than the first day of the 
seventh month that begins after the date of the en-
actment of this Act, the Secretary of Homeland Se-
curity shall issue final rules, on an interim or other 
basis, to carry out this title. 
(b) OPERATION AND SUNSET OF THE H–2A PRO-
GRAM.— 
(1) 
APPLICATION
OF
EXISTING
REGULA-
TIONS.—Except as provided in paragraph (2), the 
Department of Labor H–2A program regulations 
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published at 73 Federal Register 77110 et seq. 
(2008) shall be in force for all petitions approved 
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) beginning on 
the date of the enactment of this Act, except that 
the following, as in effect on such date, shall remain 
in effect, and, to the extent that any rule published 
at 73 Federal Register 77110 et seq. is in conflict, 
such rule shall have no force and effect: 
(A) Paragraph (a) and subparagraphs (1) 
and (3) of paragraph (b) of section 655.200 of 
title 20, Code of Federal Regulations. 
(B) Section 655.201 of title 20, Code of 
Federal Regulations, except the paragraphs en-
titled ‘‘Production of Livestock’’ and ‘‘Range’’. 
(C) Paragraphs (c), (d) and (e) of section 
655.210 of title 20, Code of Federal Regula-
tions. 
(D) Section 655.230 of title 20, Code of 
Federal Regulations. 
(E) Section 655.235 of title 20, Code of 
Federal Regulations. 
(F) The Special Procedures Labor Certifi-
cation Process for Employers in the Itinerant 
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Animal Shearing Industry under the H–2A 
Program in effect under the Training and Em-
ployment Guidance Letter No. 17–06, Change 
1, Attachment B, Section II, with an effective 
date of October 1, 2011. 
(2) EXCEPTION.— 
(A) IN
GENERAL.—The regulations de-
scribed in paragraph (1) shall not have any 
force or effect with respect to any requirement 
regarding the seasonal nature of agricultural 
labor or services consisting of dairy cattle and 
milk production. 
(B) 
AMENDMENT.—Section 
101(a)(15)(H)(ii)(a) of the Immigration and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(a)) is amended by inserting 
‘‘(except that agricultural labor or services con-
sisting of dairy cattle and milk production need 
not be of a temporary or seasonal nature)’’ 
after ‘‘seasonal nature’’. 
(3) SUNSET.—Beginning on the date that is 
one year after the date on which employers can file 
petitions pursuant to section 218A of the Immigra-
tion and Nationality Act, as added by section 103(a) 
of this title, no new petitions under sections 
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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 ac-
cepted. 
SEC. 112. REPORT ON COMPLIANCE AND VIOLATIONS. 
(a) IN GENERAL.—Not later than 1 year after the 
first day on which employers can file petitions pursuant 
to section 218A of the Immigration and Nationality Act, 
as added by section 103(a) of this title, the Secretary of 
Homeland Security, in consultation with the Secretary of 
Agriculture, shall submit to the Committees on the Judici-
ary of the House of Representatives and the Senate a re-
port on compliance by H–2C workers with the require-
ments of this title and the Immigration and Nationality 
Act, as amended by this title. In the case of a violation 
of a term or condition of the temporary agricultural work 
visa program established by this title, the report shall 
identify the provision or provisions of law violated. 
(b) DEFINITION.—As used in this section, the term 
‘‘H–2C worker’’ means a nonimmigrant described in sec-
tion 218A(a)(4) of the Immigration and Nationality Act, 
as added by section 103(a) of this title. 
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TITLE II—LEGAL WORKFORCE 
ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Legal Workforce Act’’. 
SEC. 202. EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS. 
(a) IN GENERAL.—Section 274A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 
to read as follows: 
‘‘(b) 
EMPLOYMENT
ELIGIBILITY
VERIFICATION 
PROCESS.— 
‘‘(1) NEW HIRES, RECRUITMENT, AND REFER-
RAL.—The requirements referred to in paragraphs 
(1)(B) and (3) of subsection (a) are, in the case of 
a person or other entity hiring, recruiting, or refer-
ring an individual for employment in the United 
States, the following: 
‘‘(A) ATTESTATION
AFTER
EXAMINATION 
OF DOCUMENTATION.— 
‘‘(i) 
ATTESTATION.—During 
the 
verification period (as defined in subpara-
graph (E)), the person or entity shall at-
test, under penalty of perjury and on a 
form, including electronic and telephonic 
formats, designated or established by the 
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Secretary by regulation not later than 6 
months after the date of the enactment of 
the Legal Workforce Act, that it has 
verified that the individual is not an unau-
thorized alien by— 
‘‘(I) obtaining from the indi-
vidual the individual’s social security 
account number or United States 
passport number and recording the 
number on the form (if the individual 
claims to have been issued such a 
number), and, if the individual does 
not attest to United States nationality 
under subparagraph (B), obtaining 
such identification or authorization 
number established by the Depart-
ment of Homeland Security for the 
alien as the Secretary of Homeland 
Security may specify, and recording 
such number on the form; and 
‘‘(II) examining— 
‘‘(aa) a document relating to 
the individual presenting it de-
scribed in clause (ii); or 
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‘‘(bb) a document relating to 
the individual presenting it de-
scribed in clause (iii) and a docu-
ment relating to the individual 
presenting it described in clause 
(iv). 
‘‘(ii) DOCUMENTS
EVIDENCING
EM-
PLOYMENT
AUTHORIZATION
AND
ESTAB-
LISHING
IDENTITY.—A 
document 
de-
scribed in this subparagraph is an individ-
ual’s— 
‘‘(I) unexpired United States 
passport or passport card; 
‘‘(II) unexpired permanent resi-
dent card that contains a photograph; 
‘‘(III) unexpired employment au-
thorization card that contains a pho-
tograph; 
‘‘(IV) in the case of a non-
immigrant alien authorized to work 
for a specific employer incident to sta-
tus, a foreign passport with Form I– 
94 or Form I–94A, or other docu-
mentation as designated by the Sec-
retary specifying the alien’s non-
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