occupation in the area of intended employ-
ment. 
‘‘(D) END
OF
RECRUITMENT
REQUIRE-
MENT.—The requirement to recruit United 
States workers shall terminate on the first day 
of the contract period that work begins. 
‘‘(5) OFFERS TO UNITED STATES WORKERS.— 
The employer has offered or will offer the job for 
which the H–2A worker is sought to any eligible 
United States worker who— 
‘‘(A) applies; 
‘‘(B) is qualified for the job; and 
‘‘(C) will be available at the time and place 
of need. 
‘‘(6) PROVISION OF INSURANCE.—If the job for 
which the H–2A worker is sought is not covered by 
State workers’ compensation law, the employer will 
provide, at no cost to the worker, insurance covering 
injury and disease arising out of, and in the course 
of, the worker’s employment, which will provide ben-
efits at least equal to those provided under the State 
workers’ compensation law for comparable employ-
ment. 
‘‘(7) REQUIREMENTS FOR PLACEMENT OF H–2A 
WORKERS
WITH
OTHER
EMPLOYERS.—A 
non-
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immigrant who is admitted into the United States as 
an H–2A worker may be transferred to another em-
ployer that has certified to the Secretary of Home-
land Security that it has filed a petition under this 
subsection and is in compliance with this section. 
The Secretary of Homeland Security shall establish 
a process for the approval and reissuance of visas 
for such transferred H–2A workers as necessary. 
‘‘(8) STRIKE
OR
LOCKOUT.—There is not a 
strike or lockout in the course of a labor dispute 
which, under regulations promulgated by the Sec-
retary of Labor, precludes the hiring of H–2A work-
ers. 
‘‘(9) PREVIOUS
VIOLATIONS.—The employer 
has not, during the previous two-year period, em-
ployed H–2A workers and knowingly violated a ma-
terial term or condition of approval with respect to 
the employment of domestic or nonimmigrant work-
ers, as determined by the Secretary of Labor after 
notice and opportunity for a hearing. 
‘‘(c) PUBLIC EXAMINATION.—Not later than 1 work-
ing day after the date on which a petition under this sec-
tion is filed, the employer shall make a copy of each such 
petition available for public examination, at the employer’s 
principal place of business or worksite. 
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‘‘(d) LIST.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall maintain a list of the petitions filed 
under subsection (b), which shall— 
‘‘(A) be sorted by employer; and 
‘‘(B) include the number of H–2A workers 
sought, the wage rate, the period of intended 
employment, and the date of need for each 
alien. 
‘‘(2) AVAILABILITY.—The Secretary of Home-
land Security shall, at least monthly, submit a copy 
of the list described in paragraph (1) to the Sec-
retary of Labor, who shall make the list available for 
public examination. 
‘‘(e) PETITIONING FOR ADMISSION.— 
‘‘(1) IN GENERAL.—An employer, or an asso-
ciation acting as an agent or joint employer for its 
members, that seeks the admission into the United 
States of an H–2A worker shall file with the Sec-
retary of Homeland Security a petition that includes 
the attestations described in subsection (b). 
‘‘(2) CONSIDERATION OF PETITIONS.—For each 
petition filed and considered under this subsection— 
‘‘(A) the Secretary of Homeland Security 
may not require such petition to be filed more 
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