HR 1603 RFS
wage rate for purposes of paragraph (1)(B) for 
fiscal years after 2031. Such process shall be 
designed to ensure that the employment of H– 
2A workers does not undermine the wages and 
working conditions of similarly employed United 
States workers. 
‘‘(e) HOUSING REQUIREMENTS.—Employers shall 
furnish housing in accordance with regulations established 
by the Secretary of Labor. Such regulations shall be con-
sistent with the following: 
‘‘(1) IN GENERAL.—The employer shall be per-
mitted at the employer’s option to provide housing 
meeting applicable Federal standards for temporary 
labor camps or to secure housing which meets the 
local standards for rental and/or public accommoda-
tions or other substantially similar class of habi-
tation: Provided, That in the absence of applicable 
local standards, State standards for rental and/or 
public accommodations or other substantially similar 
class of habitation shall be met: Provided further, 
That in the absence of applicable local or State 
standards, Federal temporary labor camp standards 
shall apply. 
‘‘(2) FAMILY
HOUSING.—Except as otherwise 
provided in subsection (i)(5), the employer shall pro-
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vide family housing to workers with families who re-
quest it when it is the prevailing practice in the area 
and occupation of intended employment to provide 
family housing. 
‘‘(3) UNITED
STATES
WORKERS.—Notwith-
standing paragraphs (1) and (2), an employer is not 
required to provide housing to United States work-
ers who are reasonably able to return to their resi-
dence within the same day. 
‘‘(4) TIMING OF INSPECTION.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Labor or designee shall make a determination 
as to whether the housing furnished by an em-
ployer for a worker meets the requirements im-
posed by this subsection prior to the date on 
which the Secretary of Labor is required to 
make a certification with respect to a petition 
for the admission of such worker. 
‘‘(B) TIMELY INSPECTION.—The Secretary 
of Labor shall provide a process for— 
‘‘(i) an employer to request inspection 
of housing up to 60 days before the date 
on which the employer will file a petition 
under this section; and 
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‘‘(ii) annual inspection of housing for 
workers who are engaged in agricultural 
employment that is not of a seasonal or 
temporary nature. 
‘‘(f) TRANSPORTATION REQUIREMENTS.— 
‘‘(1) TRAVEL TO PLACE OF EMPLOYMENT.—A 
worker who completes 50 percent of the period of 
employment specified in the job order shall be reim-
bursed by the employer for the cost of the worker’s 
transportation and subsistence 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. 
‘‘(2) TRAVEL FROM PLACE OF EMPLOYMENT.— 
For a worker who completes the period of employ-
ment specified in the job order or who is terminated 
without cause, the employer shall provide or pay for 
the worker’s transportation and subsistence from the 
place of employment to the place from which the 
worker, disregarding intervening employment, came 
to work for the employer, or to the place of next em-
ployment, if the worker has contracted with a subse-
quent employer who has not agreed to provide or 
pay for the worker’s transportation and subsistence 
to such subsequent employer’s place of employment. 
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‘‘(3) LIMITATION.— 
‘‘(A) AMOUNT OF REIMBURSEMENT.—Ex-
cept as provided in subparagraph (B), the 
amount of reimbursement provided under para-
graph (1) or (2) to a worker need not exceed 
the lesser of— 
‘‘(i) the actual cost to the worker of 
the transportation and subsistence in-
volved; or 
‘‘(ii) the most economical and reason-
able 
common 
carrier 
transportation 
charges and subsistence costs for the dis-
tance involved. 
‘‘(B) DISTANCE TRAVELED.—For travel to 
or from the worker’s home country, if the travel 
distance between the worker’s home and the rel-
evant consulate is 50 miles or less, reimburse-
ment for transportation and subsistence may be 
based on transportation to or from the con-
sulate. 
‘‘(g) HEAT ILLNESS PREVENTION PLAN.— 
‘‘(1) IN GENERAL.—The employer shall main-
tain a reasonable plan that describes the employer’s 
procedures for the prevention of heat illness, includ-
ing appropriate training, access to water and shade, 
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the provision of breaks, and the protocols for emer-
gency response. Such plan shall— 
‘‘(A) be in writing in English and, to the 
extent necessary, any language common to a 
significant portion of the workers if they are 
not fluent in English; and 
‘‘(B) be posted at a conspicuous location at 
the worksite and provided to employees prior to 
the commencement of labor or services. 
‘‘(2) CLARIFICATION.—Nothing in this sub-
section is intended to limit any other Federal or 
State authority to promulgate, enforce, or maintain 
health and safety standards related to heat-related 
illness. 
‘‘(h) H–2A PETITION PROCEDURES.— 
‘‘(1) SUBMISSION
OF
PETITION
AND
JOB 
ORDER.— 
‘‘(A) IN
GENERAL.—The employer shall 
submit information required for the adjudica-
tion of the H–2A petition, including a job 
order, through the electronic platform no more 
than 75 calendar days and no fewer than 60 
calendar days before the employer’s first date of 
need specified in the petition. 
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‘‘(B) FILING BY AGRICULTURAL ASSOCIA-
TIONS.—An association of agricultural pro-
ducers that use agricultural services may file an 
H–2A petition under subparagraph (A). If an 
association is a joint or sole employer of work-
ers who perform agricultural labor or services, 
H–2A workers may be used for the approved 
job opportunities of any of the association’s 
producer members and such workers may be 
transferred among its producer members to per-
form the agricultural labor or services for which 
the petition was approved. 
‘‘(C) PETITIONS
INVOLVING
STAGGERED 
ENTRY.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), an employer may file 
a petition involving employment in the 
same occupational classification and same 
area of intended employment with multiple 
start dates if— 
‘‘(I) the petition involves tem-
porary or seasonal employment and no 
more than 10 start dates; 
‘‘(II) the multiple start dates 
share a common end date; 
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‘‘(III) no more than 120 days 
separate the first start date and the 
final start date listed in the petition; 
and 
‘‘(IV) the need for multiple start 
dates arises from variations in labor 
needs associated with the job oppor-
tunity identified in the petition. 
‘‘(ii) LABOR CONTRACTORS.—A labor 
contractor may not file a petition described 
in clause (i) unless the labor contractor— 
‘‘(I) is filing as a joint employer 
with its contractees, or is operating in 
a State in which joint employment 
and liability between the labor con-
tractor and its contractees is other-
wise established; or 
‘‘(II) has posted and is maintain-
ing a premium surety bond as de-
scribed in subsection (l)(1). 
‘‘(2) LABOR CERTIFICATION.— 
‘‘(A) REVIEW OF JOB ORDER.— 
‘‘(i) IN GENERAL.—The Secretary of 
Labor, in consultation with the relevant 
State workforce agency, shall review the 
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job order for compliance with this section 
and notify the employer through the elec-
tronic platform of any deficiencies not later 
than 7 business days from the date the 
employer submits the necessary informa-
tion required under paragraph (1)(A). The 
employer shall be provided 5 business days 
to respond to any such notice of deficiency. 
‘‘(ii) STANDARD.—The job order must 
include all material terms and conditions 
of employment, including the requirements 
of this section, and must be otherwise con-
sistent with the minimum standards pro-
vided under Federal, State or local law. In 
considering the question of whether a spe-
cific qualification is appropriate in a job 
order, the Secretary of Labor shall apply 
the normal and accepted qualification re-
quired by non-H–2A employers in the 
same or comparable occupations and crops. 
‘‘(iii) EMERGENCY
PROCEDURES.— 
The Secretary of Labor shall establish 
emergency procedures for the curing of de-
ficiencies that cannot be resolved during 
the period described in clause (i). 
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‘‘(B) APPROVAL OF JOB ORDER.— 
‘‘(i) IN GENERAL.—Upon approval of 
the job order, the Secretary of Labor shall 
immediately place for public examination a 
copy of the job order on the online job reg-
istry, and the State workforce agency serv-
ing the area of intended employment shall 
commence the recruitment of United 
States workers. 
‘‘(ii) REFERRAL OF UNITED STATES 
WORKERS.—The Secretary of Labor and 
State workforce agency shall keep the job 
order active until the end of the period de-
scribed in subsection (c)(2) and shall refer 
to the employer each United States worker 
who applies for the job opportunity. 
‘‘(C) REVIEW OF INFORMATION FOR DEFI-
CIENCIES.—Within 7 business days of the ap-
proval of the job order, the Secretary of Labor 
shall review the information necessary to make 
a labor certification and notify the employer 
through the electronic platform if such informa-
tion does not meet the standards for approval. 
Such notification shall include a description of 
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any deficiency, and the employer shall be pro-
vided 5 business days to cure such deficiency. 
‘‘(D) CERTIFICATION AND AUTHORIZATION 
OF WORKERS.—Not later than 30 days before 
the date that labor or services are first required 
to be performed, the Secretary of Labor shall 
issue the requested labor certification if the 
Secretary determines that the requirements set 
forth in this section have been met. 
‘‘(E) EXPEDITED
ADMINISTRATIVE
AP-
PEALS
OF
CERTAIN
DETERMINATIONS.—The 
Secretary of Labor shall by regulation establish 
a procedure for an employer to request the ex-
pedited review of a denial of a labor certifi-
cation under this section, or the revocation of 
such a certification. Such procedure shall re-
quire the Secretary to expeditiously, but no 
later than 72 hours after expedited review is re-
quested, issue a de novo determination on a 
labor certification that was denied in whole or 
in part because of the availability of able, will-
ing and qualified workers if the employer dem-
onstrates, consistent with subsection (c)(3)(B), 
that such workers are not actually available at 
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the time or place such labor or services are re-
quired. 
‘‘(3) PETITION DECISION.— 
‘‘(A) IN GENERAL.—Not later than 7 busi-
ness days after the Secretary of Labor issues 
the certification, the Secretary of Homeland Se-
curity shall issue a decision on the petition and 
shall transmit a notice of action to the peti-
tioner via the electronic platform. 
‘‘(B) APPROVAL.—Upon approval of a pe-
tition under this section, the Secretary of 
Homeland Security shall ensure that such ap-
proval is noted in the electronic platform and is 
available to the Secretary of State and U.S. 
Customs and Border Protection, as necessary, 
to facilitate visa issuance and admission. 
‘‘(C) PARTIAL APPROVAL.—A petition for 
multiple named beneficiaries may be partially 
approved with respect to eligible beneficiaries 
notwithstanding the ineligibility, or potential in-
eligibility, of one or more other beneficiaries. 
‘‘(D) 
POST-CERTIFICATION
AMEND-
MENTS.—The Secretary of Labor shall provide 
a process for amending a request for labor cer-
tification in conjunction with an H–2A petition, 
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subsequent to certification by the Secretary of 
Labor, in cases in which the requested amend-
ment does not materially change the petition 
(including the job order). 
‘‘(4) 
ROLES
OF
AGRICULTURAL
ASSOCIA-
TIONS.— 
‘‘(A) MEMBER’S
VIOLATION
DOES
NOT 
NECESSARILY
DISQUALIFY
ASSOCIATION
OR 
OTHER
MEMBERS.—If an individual producer 
member of a joint employer association is deter-
mined to have committed an act that results in 
the denial of a petition with respect to the 
member, the denial shall apply only to that 
member of the association unless the Secretary 
of Labor determines that the association or 
other member participated in, had knowledge 
of, or reason to know of, the violation. 
‘‘(B) ASSOCIATION’S VIOLATION DOES NOT 
NECESSARILY DISQUALIFY MEMBERS.— 
‘‘(i) If an association representing ag-
ricultural producers as a joint employer is 
determined to have committed an act that 
results in the denial of a petition with re-
spect to the association, the denial shall 
apply only to the association and does not 
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apply to any individual producer member 
of the association unless the Secretary of 
Labor determines that the member partici-
pated in, had knowledge of, or reason to 
know of, the violation. 
‘‘(ii) If an association of agricultural 
producers certified as a sole employer is 
determined to have committed an act that 
results in the denial of a petition with re-
spect to the association, no individual pro-
ducer member of such association may be 
the beneficiary of the services of H–2A 
workers in the commodity and occupation 
in which such aliens were employed by the 
association which was denied during the 
period such denial is in force, unless such 
producer member employs such aliens in 
the commodity and occupation in question 
directly or through an association which is 
a joint employer of such workers with the 
producer member. 
‘‘(5) SPECIAL PROCEDURES.—The Secretary of 
Labor, in consultation with the Secretary of Agri-
culture and Secretary of Homeland Security, may by 
regulation establish alternate procedures that rea-
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sonably modify program requirements under this 
section, when the Secretary determines that such 
modifications are required due to the unique nature 
of the work involved. 
‘‘(6) CONSTRUCTION
OCCUPATIONS.—An em-
ployer may not file a petition under this section on 
behalf of a worker if the majority of the worker’s 
duties will fall within a construction or extraction oc-
cupational classification. 
‘‘(i) NON-TEMPORARY OR -SEASONAL NEEDS.— 
‘‘(1) IN
GENERAL.—Notwithstanding the re-
quirement in section 101(a)(15)(H)(ii)(a) that the 
agricultural labor or services performed by an H–2A 
worker be of a temporary or seasonal nature, the 
Secretary of Homeland Security may, consistent 
with the provisions of this subsection, approve a pe-
tition for an H–2A worker to perform agricultural 
services or labor that is not of a temporary or sea-
sonal nature. 
‘‘(2) NUMERICAL LIMITATIONS.— 
‘‘(A) FIRST 3 FISCAL YEARS.—The total 
number of aliens who may be issued visas or 
otherwise provided H–2A nonimmigrant status 
under paragraph (1) for the first fiscal year 
during which the first visa is issued under such 
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paragraph and for each of the following two fis-
cal years may not exceed 20,000. 
‘‘(B) FISCAL YEARS 4 THROUGH 10.— 
‘‘(i) IN GENERAL.—The total number 
of aliens who may be issued visas or other-
wise provided H–2A nonimmigrant status 
under paragraph (1) for the first fiscal 
year following the fiscal years referred to 
in subparagraph (A) and for each of the 
following 6 fiscal years may not exceed a 
numerical limitation jointly imposed by the 
Secretary of Agriculture and Secretary of 
Labor in accordance with clause (ii). 
‘‘(ii) ANNUAL
ADJUSTMENTS.—For 
each fiscal year referred to in clause (i), 
the Secretary of Agriculture and Secretary 
of Labor, in consultation with the Sec-
retary of Homeland Security, shall estab-
lish a numerical limitation for purposes of 
clause (i). Such numerical limitation may 
not be lower 20,000 and may not vary by 
more than 12.5 percent compared to the 
numerical limitation applicable to the im-
mediately preceding fiscal year. In estab-
lishing such numerical limitation, the Sec-
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retaries shall consider appropriate factors, 
including— 
‘‘(I) a demonstrated shortage of 
agricultural workers; 
‘‘(II) the level of unemployment 
and underemployment of agricultural 
workers during the preceding fiscal 
year; 
‘‘(III) the number of H–2A work-
ers sought by employers during the 
preceding fiscal year to engage in ag-
ricultural labor or services not of a 
temporary or seasonal nature; 
‘‘(IV) the number of such H–2A 
workers issued a visa in the most re-
cent fiscal year who remain in the 
United States in compliance with the 
terms of such visa; 
‘‘(V) the estimated number of 
United 
States 
workers, 
including 
workers who obtained certified agri-
cultural worker status under title I of 
the Farm Workforce Modernization 
Act of 2021, who worked during the 
preceding fiscal year in agricultural 
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labor or services not of a temporary 
or seasonal nature; 
‘‘(VI) the number of such United 
States workers who accepted jobs of-
fered by employers using the online 
job registry during the preceding fis-
cal year; 
‘‘(VII) any growth or contraction 
of the United States agricultural in-
dustry that has increased or decreased 
the demand for agricultural workers; 
and 
‘‘(VIII) any changes in the real 
wages paid to agricultural workers in 
the United States as an indication of 
a shortage or surplus of agricultural 
labor. 
‘‘(C) SUBSEQUENT
FISCAL
YEARS.—For 
each fiscal year following the fiscal years re-
ferred to in subparagraph (B), the Secretary of 
Agriculture and Secretary of Labor shall jointly 
determine, in consultation with the Secretary of 
Homeland Security, and after considering ap-
propriate factors, including those factors listed 
in subclauses (I) through (VIII) of subpara-
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graph (B)(ii), whether to establish a numerical 
limitation for that fiscal year. If a numerical 
limitation is so established— 
‘‘(i) such numerical limitation may 
not be lower than highest number of aliens 
admitted under this subsection in any of 
the three fiscal years immediately pre-
ceding the fiscal year for which the numer-
ical limitation is to be established; and 
‘‘(ii) the total number of aliens who 
may be issued visas or otherwise provided 
H–2A nonimmigrant status under para-
graph (1) for that fiscal year may not ex-
ceed such numerical limitation. 
‘‘(D) 
EMERGENCY
PROCEDURES.—The 
Secretary of Agriculture and Secretary of 
Labor, in consultation with the Secretary of 
Homeland Security, shall jointly establish by 
regulation procedures for immediately adjusting 
a numerical limitation imposed under subpara-
graph (B) or (C) to account for significant 
labor shortages. 
‘‘(3) ALLOCATION OF VISAS.— 
‘‘(A) BI-ANNUAL
ALLOCATION.—The an-
nual allocation of visas described in paragraph 
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(2) shall be evenly allocated between two halves 
of the fiscal year unless the Secretary of Home-
land Security, in consultation with the Sec-
retary of Agriculture and Secretary of Labor, 
determines that an alternative allocation would 
better accommodate demand for visas. Any un-
used visas in the first half of the fiscal year 
shall be added to the allocation for the subse-
quent half of the same fiscal year. 
‘‘(B) RESERVE
FOR
DAIRY
LABOR
OR 
SERVICES.— 
‘‘(i) IN GENERAL.—Of the visa num-
bers made available in each half of the fis-
cal year pursuant to subparagraph (A), 50 
percent of such visas shall be reserved for 
employers filing petitions seeking H–2A 
workers to engage in agricultural labor or 
services in the dairy industry. 
‘‘(ii) EXCEPTION.—If, after 4 months 
have elapsed in one half of the fiscal year, 
the Secretary of Homeland Security deter-
mines that application of clause (i) will re-
sult in visas going unused during that half 
of the fiscal year, clause (i) shall not apply 
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to visas under this paragraph during the 
remainder of such calendar half. 
‘‘(C) LIMITED ALLOCATION FOR CERTAIN 
SPECIAL PROCEDURES INDUSTRIES.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
the numerical limitations under paragraph 
(2), up to 500 aliens may be issued visas 
or otherwise provided H–2A nonimmigrant 
status under paragraph (1) in a fiscal year 
for range sheep or goat herding. 
‘‘(ii) LIMITATION.—The total number 
of aliens in the United States in valid H– 
2A status under clause (i) at any one time 
may not exceed 500. 
‘‘(iii) 
CLARIFICATION.—Any 
visas 
issued under this subparagraph may not be 
considered for purposes of the annual ad-
justments under subparagraphs (B) and 
(C) of paragraph (2). 
‘‘(4) ANNUAL ROUND TRIP HOME.— 
‘‘(A) IN
GENERAL.—In addition to the 
other requirements of this section, an employer 
shall provide H–2A workers employed under 
this subsection, at no cost to such workers, with 
annual round trip travel, including transpor-
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tation and subsistence during travel, to their 
homes in their communities of origin. The em-
ployer must provide such travel within 14 
months of the initiation of the worker’s employ-
ment, and no more than 14 months can elapse 
between each required period of travel. 
‘‘(B) LIMITATION.—The cost of travel 
under subparagraph (A) need not exceed the 
lesser of— 
‘‘(i) the actual cost to the worker of 
the transportation and subsistence in-
volved; or 
‘‘(ii) the most economical and reason-
able 
common 
carrier 
transportation 
charges and subsistence costs for the dis-
tance involved. 
‘‘(5) FAMILY HOUSING.—An employer seeking 
to employ an H–2A worker pursuant to this sub-
section shall offer family housing to workers with 
families if such workers are engaged in agricultural 
employment that is not of a seasonal or temporary 
nature. The worker may reject such an offer. The 
employer may not charge the worker for the work-
er’s housing, except that if the worker accepts family 
housing, a prorated rent based on the fair market 
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value for such housing may be charged for the work-
er’s family members. 
‘‘(6) WORKPLACE SAFETY PLAN FOR DAIRY EM-
PLOYEES.— 
‘‘(A) IN
GENERAL.—If an employer is 
seeking to employ a worker in agricultural labor 
or services in the dairy industry pursuant to 
this subsection, the employer must report inci-
dents consistent with the requirements under 
section 1904.39 of title 29, Code of Federal 
Regulations, and maintain an effective worksite 
safety and compliance plan to prevent work-
place accidents and otherwise ensure safety. 
Such plan shall— 
‘‘(i) be in writing in English and, to 
the extent necessary, any language com-
mon to a significant portion of the workers 
if they are not fluent in English; and 
‘‘(ii) be posted at a conspicuous loca-
tion at the worksite and provided to em-
ployees prior to the commencement of 
labor or services. 
‘‘(B) CONTENTS OF PLAN.—The Secretary 
of Labor, in consultation with the Secretary of 
Agriculture, shall establish by regulation the 
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minimum requirements for the plan described 
in subparagraph (A). Such plan shall include 
measures to— 
‘‘(i) require workers (other than the 
employer’s family members) whose posi-
tions require contact with animals to com-
plete animal care training, including ani-
mal handling and job-specific animal care; 
‘‘(ii) protect against sexual harass-
ment and violence, resolve complaints in-
volving harassment or violence, and protect 
against retaliation against workers report-
ing harassment or violence; and 
‘‘(iii) contain other provisions nec-
essary for ensuring workplace safety, as 
determined by the Secretary of Labor, in 
consultation with the Secretary of Agri-
culture. 
‘‘(C) CLARIFICATION.—Nothing in this 
paragraph is intended to apply to persons or 
entities that are not seeking to employ workers 
under this section. Nothing in this paragraph is 
intended to limit any other Federal or State au-
thority to promulgate, enforce, or maintain 
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health and safety standards related to the dairy 
industry. 
‘‘(j) ELIGIBILITY FOR H–2A STATUS AND ADMISSION 
TO THE UNITED STATES.— 
‘‘(1) DISQUALIFICATION.—An alien shall be in-
eligible for admission to the United States as an H– 
2A worker pursuant to a petition filed under this 
section if the alien was admitted to the United 
States as an H–2A worker within the past 5 years 
of the date the petition was filed and— 
‘‘(A) violated a material provision of this 
section, including the requirement to promptly 
depart the United States when the alien’s au-
thorized period of admission has expired, unless 
the alien has good cause for such failure to de-
part; or 
‘‘(B) otherwise violated a term or condition 
of admission into the United States as an H– 
2A worker. 
‘‘(2) VISA VALIDITY.—A visa issued to an H– 
2A worker shall be valid for 3 years and shall allow 
for multiple entries during the approved period of 
admission. 
‘‘(3) PERIOD
OF
AUTHORIZED
STAY; ADMIS-
SION.— 
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‘‘(A) IN GENERAL.—An alien admissible as 
an H–2A worker shall be authorized to stay in 
the United States for the period of employment 
specified in the petition approved by the Sec-
retary of Homeland Security under this section. 
The maximum continuous period of authorized 
stay for an H–2A worker is 36 months. 
‘‘(B) REQUIREMENT TO REMAIN OUTSIDE 
THE UNITED STATES.—In the case of an H–2A 
worker whose maximum continuous period of 
authorized stay (including any extensions) has 
expired, the alien may not again be eligible for 
such stay until the alien remains outside the 
United States for a cumulative period of at 
least 45 days. 
‘‘(C) 
EXCEPTIONS.—The 
Secretary 
of 
Homeland Security shall deduct absences from 
the United States that take place during an H– 
2A worker’s period of authorized stay from the 
period that the alien is required to remain out-
side the United States under subparagraph (B), 
if the alien or the alien’s employer requests 
such a deduction, and provides clear and con-
vincing proof that the alien qualifies for such a 
deduction. Such proof shall consist of evidence 
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including, but not limited to, arrival and depar-
ture records, copies of tax returns, and records 
of employment abroad. 
‘‘(D) ADMISSION.—In addition to the max-
imum continuous period of authorized stay, an 
H–2A worker’s authorized period of admission 
shall include an additional period of 10 days 
prior to the beginning of the period of employ-
ment for the purpose of traveling to the place 
of employment and 45 days at the end of the 
period of employment for the purpose of trav-
eling home or seeking an extension of status 
based on a subsequent offer of employment if 
the worker has not reached the maximum con-
tinuous period of authorized stay under sub-
paragraph (A) (subject to the exceptions in sub-
paragraph (C)). 
‘‘(4) CONTINUING H–2A WORKERS.— 
‘‘(A) SUCCESSIVE EMPLOYMENT.—An H– 
2A worker is authorized to start new or concur-
rent employment upon the filing of a nonfrivo-
lous H–2A petition, or as of the requested start 
date, whichever is later if— 
‘‘(i) the petition to start new or con-
current employment was filed prior to the 
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expiration of the H–2A worker’s period of 
admission as defined in paragraph (3)(D); 
and 
‘‘(ii) the H–2A worker has not been 
employed without authorization in the 
United States from the time of last admis-
sion to the United States in H–2A status 
through the filing of the petition for new 
employment. 
‘‘(B) PROTECTION
DUE
TO
IMMIGRANT 
VISA BACKLOGS.—Notwithstanding the limita-
tions on the period of authorized stay described 
in paragraph (3), any H–2A worker who— 
‘‘(i) is the beneficiary of an approved 
petition, filed under section 204(a)(1)(E) 
or (F) for preference status under section 
203(b)(3)(A)(iii); and 
‘‘(ii) is eligible to be granted such sta-
tus but for the annual limitations on visas 
under section 203(b)(3)(A), 
may apply for, and the Secretary of Homeland 
Security may grant, an extension of such non-
immigrant status until the Secretary of Home-
land Security issues a final administrative deci-
sion on the alien’s application for adjustment of 
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status or the Secretary of State issues a final 
decision on the alien’s application for an immi-
grant visa. 
‘‘(5) ABANDONMENT OF EMPLOYMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an H–2A worker who aban-
dons the employment which was the basis for 
the worker’s authorized stay, without good 
cause, shall be considered to have failed to 
maintain H–2A status and shall depart the 
United States or be subject to removal under 
section 237(a)(1)(C)(i). 
‘‘(B) GRACE PERIOD TO SECURE NEW EM-
PLOYMENT.—An H–2A worker shall not be con-
sidered to have failed to maintain H–2A status 
solely on the basis of a cessation of the employ-
ment on which the alien’s classification was 
based for a period of 45 consecutive days, or 
until the end of the authorized validity period, 
whichever is shorter, once during each author-
ized validity period. 
‘‘(k) REQUIRED DISCLOSURES.— 
‘‘(1) DISCLOSURE OF WORK CONTRACT.—Not 
later than the time the H–2A worker applies for a 
visa, the employer shall provide the worker with a 
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copy of the work contract that includes the disclo-
sures and rights under this section (or in the ab-
sence of such a contract, a copy of the job order and 
proof of the certification described in subparagraphs 
(B) and (D) of subsection (h)(2)). An H–2A worker 
moving from one H–2A employer to a subsequent 
H–2A employer shall be provided with a copy of the 
new employment contract no later than the time an 
offer of employment is made by the subsequent em-
ployer. 
‘‘(2) HOURS
AND
EARNINGS
STATEMENTS.— 
The employer shall furnish to H–2A workers, on or 
before each payday, in one or more written state-
ments— 
‘‘(A) the worker’s total earnings for the 
pay period; 
‘‘(B) the worker’s hourly rate of pay, piece 
rate of pay, or both; 
‘‘(C) the hours of employment offered to 
the worker and the hours of employment actu-
ally worked; 
‘‘(D) if piece rates of pay are used, the 
units produced daily; 
‘‘(E) an itemization of the deductions 
made from the worker’s wages; and 
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‘‘(F) any other information required by 
Federal, State or local law. 
‘‘(3) NOTICE OF WORKER RIGHTS.—The em-
ployer must post and maintain in a conspicuous lo-
cation at the place of employment, a poster provided 
by the Secretary of Labor in English, and, to the ex-
tent necessary, any language common to a signifi-
cant portion of the workers if they are not fluent in 
English, which sets out the rights and protections 
for workers employed pursuant to this section. 
‘‘(l) LABOR CONTRACTORS; FOREIGN LABOR RE-
CRUITERS; PROHIBITION ON FEES.— 
‘‘(1) LABOR CONTRACTORS.— 
‘‘(A) SURETY BOND.—An employer that is 
a labor contractor who seeks to employ H–2A 
workers shall maintain a surety bond in an 
amount required under subparagraph (B). Such 
bond shall be payable to the Secretary of Labor 
or pursuant to the resolution of a civil or crimi-
nal proceeding, for the payment of wages and 
benefits, including any assessment of interest, 
owed to an H–2A worker or a similarly em-
ployed United States worker, or a United 
States worker who has been rejected or dis-
placed in violation of this section. 
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‘‘(B) AMOUNT OF BOND.—The Secretary 
of Labor shall annually publish in the Federal 
Register a schedule of required bond amounts 
that are determined by such Secretary to be 
sufficient for labor contractors to discharge fi-
nancial obligations under this section based on 
the number of workers the labor contractor 
seeks to employ and the wages such workers are 
required to be paid. 
‘‘(C) PREMIUM BOND.—A labor contractor 
seeking to file a petition involving more than 
one start date under subsection (h)(1)(C) shall 
maintain a surety bond that is at least 15 per-
cent higher than the applicable bond amount 
determined by the Secretary under subpara-
graph (B). 
‘‘(D) USE OF FUNDS.—Any sums paid to 
the Secretary under subparagraph (A) that are 
not paid to a worker because of the inability to 
do so within a period of 5 years following the 
date of a violation giving rise to the obligation 
to pay shall remain available to the Secretary 
without further appropriation until expended to 
support the enforcement of this section. 
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HR 1603 RFS
‘‘(2) PROHIBITION AGAINST EMPLOYEES PAY-
ING
FEES.—Neither the employer nor its agents 
shall seek or receive payment of any kind from any 
worker for any activity related to the H–2A process, 
including payment of the employer’s attorneys’ fees, 
application fees, or recruitment costs. An employer 
and its agents may receive reimbursement for costs 
that are the responsibility and primarily for the ben-
efit of the worker, such as government-required 
passport fees. 
‘‘(3) THIRD PARTY CONTRACTS.—The contract 
between an employer and any labor contractor or 
any foreign labor recruiter (or any agent of such 
labor contractor or foreign labor recruiter) whom the 
employer engages shall include a term providing for 
the termination of such contract for cause if the con-
tractor or recruiter, either directly or indirectly, in 
the placement or recruitment of H–2A workers seeks 
or receives payments or other compensation from 
prospective employees. Upon learning that a labor 
contractor or foreign labor recruiter has sought or 
collected such payments, the employer shall so termi-
nate any contracts with such contractor or recruiter. 
‘‘(m) ENFORCEMENT AUTHORITY.— 
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‘‘(1) IN GENERAL.—The Secretary of Labor is 
authorized to take such actions against employers, 
including imposing appropriate penalties and seeking 
monetary and injunctive relief and specific perform-
ance of contractual obligations, as may be necessary 
to ensure compliance with the requirements of this 
section and with the applicable terms and conditions 
of employment. 
‘‘(2) COMPLAINT PROCESS.— 
‘‘(A) PROCESS.—The Secretary of Labor 
shall establish a process for the receipt, inves-
tigation, and disposition of complaints alleging 
failure of an employer to comply with the re-
quirements under this section and with the ap-
plicable terms and conditions of employment. 
‘‘(B) FILING.—A complaint referred to in 
subparagraph (A) may be filed not later than 2 
years after the date of the conduct that is the 
subject of the complaint. 
‘‘(C) COMPLAINT
NOT
EXCLUSIVE.—A 
complaint filed under this paragraph is not an 
exclusive remedy and the filing of such a com-
plaint does not waive any rights or remedies of 
the aggrieved party under this law or other 
laws. 
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‘‘(D) DECISION
AND
REMEDIES.—If the 
Secretary of Labor finds, after notice and op-
portunity for a hearing, that the employer failed 
to comply with the requirements of this section 
or the terms and conditions of employment, the 
Secretary of Labor may require payment of un-
paid wages, unpaid benefits, fees assessed in 
violation of this section, damages, and civil 
money penalties. The Secretary is also author-
ized to impose other administrative remedies, 
including disqualification of the employer from 
utilizing the H–2A program for a period of up 
to 5 years in the event of willful or multiple 
material violations. The Secretary is authorized 
to permanently disqualify an employer from uti-
lizing the H–2A program upon a subsequent 
finding involving willful or multiple material 
violations. 
‘‘(E) DISPOSITION
OF
PENALTIES.—Civil 
penalties collected under this paragraph shall be 
deposited into the H–2A Labor Certification 
Fee Account established under section 203 of 
the Farm Workforce Modernization Act of 
2021. 
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‘‘(3) STATUTORY CONSTRUCTION.—Nothing in 
this subsection may be construed as limiting the au-
thority of the Secretary of Labor to conduct an in-
vestigation— 
‘‘(A) under any other law, including any 
law affecting migrant and seasonal agricultural 
workers; or 
‘‘(B) in the absence of a complaint. 
‘‘(4) RETALIATION PROHIBITED.—It is a viola-
tion of this subsection for any person to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in 
any other manner discriminate against, or to cause 
any person to intimidate, threaten, restrain, coerce, 
blacklist, or in any manner discriminate against, an 
employee, including a former employee or an appli-
cant for employment, because the employee— 
‘‘(A) has disclosed information to the em-
ployer, or to any other person, that the em-
ployee reasonably believes evidences a violation 
under this section, or any rule or regulation re-
lating to this section; 
‘‘(B) has filed a complaint concerning the 
employer’s compliance with the requirements 
under this section or any rule or regulation per-
taining to this section; 
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‘‘(C) cooperates or seeks to cooperate in an 
investigation or other proceeding concerning the 
employer’s compliance with the requirements 
under this section or any rule or regulation per-
taining to this section; or 
‘‘(D) has taken steps to exercise or assert 
any right or protection under the provisions of 
this section, or any rule or regulation pertaining 
to this section, or any other relevant Federal, 
State, or local law. 
‘‘(5) 
INTERAGENCY
COMMUNICATION.—The 
Secretary of Labor, in consultation with the Sec-
retary of Homeland Security, Secretary of State and 
the Equal Employment Opportunity Commission, 
shall establish mechanisms by which the agencies 
and their components share information, including 
by public electronic means, regarding complaints, 
studies, investigations, findings and remedies regard-
ing compliance by employers with the requirements 
of the H–2A program and other employment-related 
laws and regulations. 
‘‘(n) DEFINITIONS.—In this section: 
‘‘(1) DISPLACE.—The term ‘displace’ means to 
lay off a similarly employed United States worker, 
other than for lawful job-related reasons, in the oc-
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cupation and area of intended employment for the 
job for which H–2A workers are sought. 
‘‘(2) H–2A WORKER.—The term ‘H–2A worker’ 
means 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(a). 
‘‘(3) JOB ORDER.—The term ‘job order’ means 
the document containing the material terms and 
conditions of employment, including obligations and 
assurances required under this section or any other 
law. 
‘‘(4) ONLINE JOB REGISTRY.—The term ‘online 
job registry’ means the online job registry of the 
Secretary of Labor required under section 201(b) of 
the Farm Workforce Modernization Act of 2021 (or 
similar successor registry). 
‘‘(5) SIMILARLY EMPLOYED.—The term ‘simi-
larly employed’, in the case of a worker, means a 
worker in the same occupational classification as the 
classification or classifications for which the H–2A 
worker is sought. 
‘‘(6) UNITED
STATES
WORKER.—The term 
‘United States worker’ means any worker who is— 
‘‘(A) a citizen or national of the United 
States; 
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‘‘(B) an alien who is lawfully admitted for 
permanent residence, is admitted as a refugee 
under section 207, is granted asylum under sec-
tion 208, or is an immigrant otherwise author-
ized to be employed in the United States; 
‘‘(C) an alien granted certified agricultural 
worker status under title I of the Farm Work-
force Modernization Act of 2021; or 
‘‘(D) an individual who is not an unauthor-
ized alien (as defined in section 274A(h)(3)) 
with respect to the employment in which the 
worker is engaging. 
‘‘(o) FEES; AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) FEES.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall impose a fee to proc-
ess petitions under this section. Such fee shall 
be set at a level that is sufficient to recover the 
reasonable costs of processing the petition, in-
cluding the reasonable costs of providing labor 
certification by the Secretary of Labor. 
‘‘(B) 
DISTRIBUTION.—Fees 
collected 
under subparagraph (A) shall be deposited as 
offsetting receipts into the immigration exami-
nations fee account in section 286(m), except 
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that the portion of fees assessed for the Sec-
retary of Labor shall be deposited into the H– 
2A Labor Certification Fee Account established 
pursuant to section 203(c) of the Farm Work-
force Modernization Act of 2021. 
‘‘(2) APPROPRIATIONS.—There are authorized 
to be appropriated for each fiscal year such sums as 
necessary for the purposes of— 
‘‘(A) recruiting United States workers for 
labor or services which might otherwise be per-
formed by H–2A workers, including by ensuring 
that State workforce agencies are sufficiently 
funded to fulfill their functions under this sec-
tion; 
‘‘(B) enabling the Secretary of Labor to 
make determinations and certifications under 
this section and under section 212(a)(5)(A)(i); 
‘‘(C) monitoring the terms and conditions 
under which H–2A workers (and United States 
workers employed by the same employers) are 
employed in the United States; and 
‘‘(D) enabling the Secretary of Agriculture 
to carry out the Secretary of Agriculture’s du-
ties and responsibilities under this section.’’. 
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HR 1603 RFS
SEC. 203. AGENCY ROLES AND RESPONSIBILITIES. 
(a) RESPONSIBILITIES
OF
THE
SECRETARY
OF 
LABOR.—With respect to the administration of the H–2A 
program, the Secretary of Labor shall be responsible for— 
(1) consulting with State workforce agencies 
to— 
(A) review and process job orders; 
(B) facilitate the recruitment and referral 
of able, willing and qualified United States 
workers who will be available at the time and 
place needed; 
(C) determine prevailing wages and prac-
tices; and 
(D) conduct timely inspections to ensure 
compliance with applicable Federal, State, or 
local housing standards and Federal regulations 
for H–2A housing; 
(2) determining whether the employer has met 
the conditions for approval of the H–2A petition de-
scribed in section 218 of the Immigration and Na-
tionality Act (8 U.S.C. 1188); 
(3) determining, in consultation with the Sec-
retary of Agriculture, whether a job opportunity is 
of a seasonal or temporary nature; 
(4) determining whether the employer has com-
plied or will comply with the H–2A program require-
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ments set forth in section 218 of the Immigration 
and Nationality Act (8 U.S.C. 1188); 
(5) processing and investigating complaints con-
sistent with section 218(m) of the Immigration and 
Nationality Act (8 U.S.C. 1188(m)); 
(6) referring any matter as appropriate to the 
Inspector General of the Department of Labor for 
investigation; 
(7) ensuring that guidance to State workforce 
agencies to conduct wage surveys is regularly up-
dated; and 
(8) issuing such rules and regulations as are 
necessary to carry out the Secretary of Labor’s re-
sponsibilities under this Act and the amendments 
made by this Act. 
(b) RESPONSIBILITIES
OF
THE
SECRETARY
OF 
HOMELAND SECURITY.—With respect to the administra-
tion of the H–2A program, the Secretary of Homeland Se-
curity shall be responsible for— 
(1) adjudicating petitions for the admission of 
H–2A workers, which shall include an assessment as 
to whether each beneficiary will be employed in ac-
cordance with the terms and conditions of the cer-
tification and whether any named beneficiaries qual-
ify for such employment; 
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(2) transmitting a copy of the final decision on 
the petition to the employer, and in the case of ap-
proved petitions, ensuring that the petition approval 
is reflected in the electronic platform to facilitate the 
prompt issuance of a visa by the Department of 
State (if required) and the admission of the H–2A 
workers to the United States; 
(3) establishing a reliable and secure method 
through which H–2A workers can access information 
about their H–2A visa status, including information 
on pending, approved, or denied petitions to extend 
such status; 
(4) investigating and preventing fraud in the 
program, including the utilization of H–2A workers 
for other than allowable agricultural labor or serv-
ices; and 
(5) issuing such rules and regulations as are 
necessary to carry out the Secretary of Homeland 
Security’s responsibilities under this Act and the 
amendments made by this Act. 
(c) ESTABLISHMENT
OF ACCOUNT
AND USE
OF 
FUNDS.— 
(1) ESTABLISHMENT OF ACCOUNT.—There is 
established in the general fund of the Treasury a 
separate account, which shall be known as the ‘‘H– 
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2A Labor Certification Fee Account’’. Notwith-
standing any other provisions of law, there shall be 
deposited as offsetting receipts into the account all 
amounts— 
(A) collected as a civil penalty under sec-
tion 218(m)(2)(E) of the Immigration and Na-
tionality Act; and 
(B) collected as a fee under section 
218(o)(1)(B) of the Immigration and Nation-
ality Act. 
(2) USE OF FEES.—Amounts deposited into the 
H–2A Labor Certification Fee Account shall be 
available (except as otherwise provided in this para-
graph) without fiscal year limitation and without the 
requirement for specification in appropriations Acts 
to the Secretary of Labor for use, directly or 
through grants, contracts, or other arrangements, in 
such amounts as the Secretary of Labor determines 
are necessary for the costs of Federal and State ad-
ministration in carrying out activities in connection 
with labor certification under section 218 of the Im-
migration and Nationality Act. Such costs may in-
clude personnel salaries and benefits, equipment and 
infrastructure for adjudication and customer service 
processes, the operation and maintenance of an on- 
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line job registry, and program integrity activities. 
The Secretary, in determining what amounts to 
transfer to States for State administration in car-
rying out activities in connection with labor certifi-
cation under section 218 of the Immigration and 
Nationality Act shall consider the number of H–2A 
workers employed in that State and shall adjust the 
amount transferred to that State accordingly. In ad-
dition, 10 percent of the amounts deposited into the 
H–2A Labor Certification Fee Account shall be 
available to the Office of Inspector General of the 
Department of Labor to conduct audits and criminal 
investigations relating to such foreign labor certifi-
cation programs. 
(3) ADDITIONAL
FUNDS.—Amounts available 
under paragraph (1) shall be available in addition to 
any other funds appropriated or made available to 
the Department of Labor under other laws, includ-
ing section 218(o)(2) of the Immigration and Na-
tionality Act. 
SEC. 204. WORKER PROTECTION AND COMPLIANCE. 
(a) EQUALITY OF TREATMENT.—H–2A workers shall 
not be denied any right or remedy under any Federal, 
State, or local labor or employment law applicable to 
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United States workers engaged in agricultural employ-
ment. 
(b) APPLICABILITY OF OTHER LAWS.— 
(1) MIGRANT
AND
SEASONAL
AGRICULTURAL 
WORKER PROTECTION ACT.—H–2A workers shall be 
considered migrant agricultural workers for purposes 
of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1801 et seq.). 
(2) WAIVER OF RIGHTS PROHIBITED.—Agree-
ments by H–2A workers to waive or modify any 
rights or protections under this Act or section 218 
of the Immigration and Nationality Act (8 U.S.C. 
1188) shall be considered void or contrary to public 
policy except as provided in a collective bargaining 
agreement with a bona fide labor organization. 
(3) MEDIATION.— 
(A) FREE
MEDIATION
SERVICES.—The 
Federal Mediation and Conciliation Service 
shall be available to assist in resolving disputes 
arising under this section between H–2A work-
ers and agricultural employers without charge 
to the parties. 
(B) COMPLAINT.—If an H–2A worker files 
a civil lawsuit alleging one or more violations of 
section 218 of the Immigration and Nationality 
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Act (8 U.S.C. 1188), the Fair Labor Standards 
Act of 1938 (29 U.S.C. 201 et seq.), or the Mi-
grant and Seasonal Agricultural Worker Protec-
tion Act (29 U.S.C. 1801 et seq.), not later 
than 60 days after the filing of proof of service 
of the complaint, a party to the lawsuit may file 
a request with the Federal Mediation and Con-
ciliation Service to assist the parties in reaching 
a satisfactory resolution of all issues involving 
all parties to the dispute. 
(C) NOTICE.—Upon filing a request under 
subparagraph (B) and giving of notice to the 
parties, the parties shall attempt mediation 
within the period specified in subparagraph 
(D), except that nothing in this paragraph shall 
limit the ability of a court to order preliminary 
injunctive relief to protect health and safety or 
to otherwise prevent irreparable harm. 
(D) 90-DAY
LIMIT.—The Federal Medi-
ation and Conciliation Service may conduct me-
diation or other nonbinding dispute resolution 
activities for a period not to exceed 90 days be-
ginning on the date on which the Federal Medi-
ation and Conciliation Service receives a request 
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for assistance under subparagraph (B) unless 
the parties agree to an extension of such period. 
(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.— 
(i) IN
GENERAL.—Subject to clause 
(ii), there is authorized to be appropriated 
to the Federal Mediation and Conciliation 
Service, such sums as may be necessary for 
each fiscal year to carry out this subpara-
graph. 
(ii) 
MEDIATION.—Notwithstanding 
any other provision of law, the Director of 
the Federal Mediation and Conciliation 
Service is authorized— 
(I) to conduct the mediation or 
other dispute resolution activities from 
any other account containing amounts 
available to the Director; and 
(II) to reimburse such account 
with amounts appropriated pursuant 
to clause (i). 
(F) PRIVATE
MEDIATION.—If all parties 
agree, a private mediator may be employed as 
an alternative to the Federal Mediation and 
Conciliation Service. 
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