I 
119TH CONGRESS 
1ST SESSION H. R. 5494 
To amend the Immigration and Nationality Act to provide for an H–2C 
nonimmigrant classification, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2025 
Mr. SMUCKER (for himself, Mr. DAVIS of North Carolina, Ms. SALAZAR, Mr. 
CISCOMANI, Mr. HARRIS of Maryland, Mr. SUOZZI, Mr. KELLY of Penn-
sylvania, Mr. MCCORMICK, Mr. AMODEI of Nevada, and Mr. CUELLAR) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Ways and Means, and 
Oversight and Government Reform, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to provide 
for an H–2C nonimmigrant classification, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Essential Workers for 
Economic Advancement Act’’. 
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SEC. 2. NONIMMIGRANT CLASSIFICATION FOR H–2C NON-
IMMIGRANTS. 
Section 101(a)(15)(H)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)) is amended 
by inserting ‘‘(c) who is coming temporarily to the United 
States to perform services or labor for a registered non- 
agricultural employer in a registered position (as those 
terms are defined in section 219A(a)) in accordance with 
the requirements under section 219A; or’’ before ‘‘(iii) 
have a residence’’. 
SEC. 3. ADMISSION OF H–2C NONIMMIGRANT WORKERS. 
(a) ADMISSION
OF H–2C NONIMMIGRANT WORK-
ERS.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 219A. ADMISSION OF H–2C NONIMMIGRANT WORK-
ERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DEPARTMENT.—Except as otherwise spe-
cifically provided, the term ‘Department’ means the 
Department of Homeland Security. 
‘‘(2) ELIGIBLE OCCUPATION.—The term ‘eligi-
ble occupation’ means an eligible occupation de-
scribed in subsection (e)(3). 
‘‘(3) EMPLOYER.— 
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‘‘(A) IN GENERAL.—The term ‘employer’ 
means any person or operational unit of a for- 
profit or nonprofit entity that is operating inde-
pendently in a county or metropolitan statistical 
area and who hires an individual for employ-
ment in the United States. 
‘‘(B) 
TREATMENT
OF
SINGLE
EM-
PLOYER.—For purposes of determining the 
number of employees or United States workers 
employed by an employer, a single entity shall 
be treated as 1 employer. 
‘‘(4) ENDURING JOB OPENING.—The term ‘en-
during job opening’ refers to a job opening that— 
‘‘(A) remains unfilled on the first day of 
the month for 3 consecutive months; or 
‘‘(B) is unfilled for more than 60 days in 
a period of 90 consecutive days. 
‘‘(5) FULL EMPLOYMENT AREA.—The term ‘full 
employment area’ refers to any county or metropoli-
tan statistical area where the unemployment rate 
during the fiscal quarter during which an application 
is submitted by an employer is equal or less than 7.9 
percent. 
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‘‘(6) H–2C NONIMMIGRANT.—The term ‘H–2C 
nonimmigrant’ means an alien admitted as a non-
immigrant pursuant to section 101(a)(15)(H)(ii)(c). 
‘‘(7) H–2C NONIMMIGRANT STATUS.—The term 
‘H–2C nonimmigrant status’ means status granted 
to an alien admitted as a nonimmigrant pursuant to 
section 101(a)(15)(H)(ii)(c). 
‘‘(8) INDUSTRIES WITH COMPARATIVELY LOW 
SALES PER EMPLOYEE.—The term ‘industries with 
comparatively low sales per employee’ means those 
industries that rank in the lowest ten when dividing 
sales by the number of employees in the ECNBASIC 
Dataset, as shown in the ‘All Sectors: Summary Sta-
tistics for the U.S.’ using the three-digits North 
American Industry Classification System (NAICS). 
This table provides summary statistics for establish-
ments and firms with paid employees. 
‘‘(9) INITIAL H–2C NONIMMIGRANT.—The term 
‘initial H–2C nonimmigrant’ means an alien— 
‘‘(A) issued an H–2C-nonimmigrant visa 
by the Secretary of State authorizing the ad-
mission of that alien to the United States for 
the first time as an H–2C nonimmigrant; and 
‘‘(B) does not include an alien on or after 
the date the alien commences employment in 
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H–2C nonimmigrant status with a registered 
employer in a registered position. 
‘‘(10) LAY OFF.—The term ‘lay off’— 
‘‘(A) means to cause a worker to lose em-
ployment, other than through a discharge for 
inadequate performance, violation of workplace 
rules, cause, voluntary departure, voluntary re-
tirement, or the expiration of a grant or con-
tract; and 
‘‘(B) does not include any situation in 
which the worker is offered and refused to ac-
cept, as an alternative to such loss of employ-
ment, a similar employment opportunity with 
the same employer at equivalent or higher com-
pensation and benefits than the position from 
which the employee was discharged. 
‘‘(11) METROPOLITAN
STATISTICAL
AREA.— 
The term ‘metropolitan statistical area’ means a ge-
ographic area designated as a metropolitan statis-
tical area by the Director of the Office of Manage-
ment and Budget. 
‘‘(12) REGISTERED
EMPLOYER.—The term 
‘registered employer’ means an operational business 
unit of a nonagricultural employer that is operating 
independently in a full employment area and is des-
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ignated by the Secretary as a registered employer 
under subsection (d). 
‘‘(13) REGISTERED POSITION.—The term ‘reg-
istered position’ means a position designated as a 
registered position under subsection (e). 
‘‘(14) 
SCARCITY
RECRUITMENT
FEE.—The 
term ‘scarcity recruitment fee’ refers to a payment 
equal to 5 percent of an H–2C immigrant’s esti-
mated annual compensation that a registered em-
ployer remits to the Secretary as part of the employ-
er’s application for a registered position in order to 
demonstrate said employer’s inability to recruit a 
United States worker for the position. 
‘‘(15) SECRETARY.—Except as otherwise spe-
cifically provided, the term ‘Secretary’ means the 
Secretary of Homeland Security. 
‘‘(16) SINGLE ENTITY.—The term ‘single enti-
ty’ means any group treated as a single employer 
under subsection (b), (c), (m), or (o) of section 414 
of the Internal Revenue Code of 1986. 
‘‘(17) SMALL BUSINESS.—The term ‘small busi-
ness’ means an employer that employs fewer than 36 
full-time employees or fewer than 51 full-time equiv-
alent employees. 
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in the amount determined by the Secretary ad-
judicating such application to be necessary to 
cover the cost of adjudicating the application 
within 45 days. 
‘‘(B) PREMIUM
PROCESSING.—The Sec-
retary and the Secretary of State shall create 
an expedited process to review an application 
submitted under paragraph (1) for an addi-
tional fee, in an amount determined by such 
Secretaries. 
‘‘(5) ELIGIBILITY
FOR
H–2C
NONIMMIGRANT 
STATUS.—No alien may be admitted as an H–2C 
nonimmigrant if the alien— 
‘‘(A) is inadmissible under this Act; 
‘‘(B) fails to pass a criminal background 
check or a national security background check; 
‘‘(C) is from a country determined by the 
Secretary of State to have repeatedly provided 
support for acts of international terrorism pur-
suant to— 
‘‘(i) section 6(j)(1)(A) of the Export 
Administration Act of 1979 (50 U.S.C. 
App. 2405(j)(1)(A)) (or successor statute); 
‘‘(ii) section 40(d) of the Arms Export 
Control Act (22 U.S.C. 2780(d)); or 
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‘‘(iii) section 620A(a) of the Foreign 
Assistance 
Act 
of 
1961 
(22 
U.S.C. 
2371(a)); or 
‘‘(D) has not received an offer of employ-
ment from a registered employer in a registered 
position. 
‘‘(6) EMPLOYMENT.— 
‘‘(A) INITIAL EMPLOYMENT.— 
‘‘(i) REPORTING TO EMPLOYMENT.— 
An initial H–2C nonimmigrant shall report 
to such nonimmigrant’s initial employment 
in a registered position not later than 14 
days after such nonimmigrant is admitted 
to the United States. 
‘‘(ii) 
REPORTING
TO
THE
SEC-
RETARY.—An initial H–2C nonimmigrant 
shall maintain contact with the Secretary 
after such H–2C nonimmigrant is admit-
ted to the United States but before report-
ing to the initial employment at an interval 
that is determined by the Secretary, but 
not less than every 7 days. 
‘‘(B) PERIODS
OF
UNEMPLOYMENT.—An 
H–2C nonimmigrant— 
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‘‘(i) may be unemployed for a period 
of not more than 45 consecutive days of 
presence in the United States; and 
‘‘(ii) shall depart the United States if 
such H–2C nonimmigrant is unable to ob-
tain employment during such period. 
‘‘(7) INITIAL
PERIOD
OF
AUTHORIZED
PRES-
ENCE.—An H–2C nonimmigrant may be physically 
present in the United States for an initial period of 
not more than a total of 36 months. 
‘‘(8) RENEWAL.—An H–2C nonimmigrant may 
renew his or her H–2C nonimmigrant status for not 
more than 2 additional consecutive periods of au-
thorized presence. 
‘‘(9) TRAVEL.—An H–2C nonimmigrant may 
travel outside the United States and be readmitted 
to the United States. 
‘‘(10) PENALTIES.—If an H–2C nonimmigrant 
fails to comply with any other term or condition of 
H–2C nonimmigrant status or remains in the 
United States for 10 days after the date of the expi-
ration of his or her period of authorized presence 
without status under the immigration laws, then the 
Secretary shall mandatorily— 
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‘‘(A) subject such nonimmigrant to the 
revocation of employment authorization; and 
‘‘(B) initiate and pursue removal under 
section 237(a)(1)(C)(i). 
‘‘(d) REGISTERED EMPLOYER.— 
‘‘(1) APPLICATION.—An employer seeking to be 
a registered employer may submit an application to 
the Secretary. Each such application shall include 
the following: 
‘‘(A) Documentation to establish that the 
employer is a bona fide employer operating in 
a full employment area. 
‘‘(B) Evidence that the employer is current 
in payment of payroll taxes. 
‘‘(C) The employer’s Federal tax identifica-
tion number or employer identification number 
issued by the Internal Revenue Service. 
‘‘(D) The number of H–2C nonimmigrants 
the employer estimates the employer will seek 
to employ annually. 
‘‘(E) Any documented evidence of employer 
participation in industry recognized training 
and safety programs for U.S. workers. 
‘‘(2) REFERRAL FOR FRAUD INVESTIGATION.— 
The Secretary may refer an application submitted 
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under paragraph (1) or subsection (e)(1)(A) to the 
Fraud Detection and National Security Directorate 
of U.S. Citizenship and Immigration Services for po-
tential investigation if there is evidence of fraud par-
ticular to such application. 
‘‘(3) INELIGIBLE EMPLOYERS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other applicable penalties under law, the Sec-
retary shall deny an employer’s application to 
be a registered employer if the Secretary deter-
mines, after notice and an opportunity for a 
hearing, that the employer submitting such ap-
plication— 
‘‘(i) has, in such application (includ-
ing any attestations required by law)— 
‘‘(I) knowingly misrepresented a 
material fact; 
‘‘(II) knowingly made a fraudu-
lent statement; or 
‘‘(III) knowingly failed to comply 
with the terms of such attestations; 
‘‘(ii) failed to cooperate in the process 
established pursuant to subsection (m); 
‘‘(iii) has been convicted of an offense 
under chapter 77 of title 18, United States 
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Code, any conspiracy to commit such an 
offense, or any human trafficking offense 
under State or territorial law; 
‘‘(iv) has, within 2 years prior to the 
date of the application— 
‘‘(I) been finally adjudicated as 
having committed any hazardous oc-
cupation orders violation resulting in 
injury or death under the child labor 
provisions contained in section 12 of 
the Fair Labor Standards Act of 
1938 (29 U.S.C. 212) or any perti-
nent regulation; 
‘‘(II) received a final adjudication 
assessing a civil monetary penalty for 
a pattern and practice of willful viola-
tion of the minimum wage provisions 
of section 6 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206); or 
‘‘(III) received a final adjudica-
tion assessing a civil monetary penalty 
for a pattern and practice of willful 
violation of the overtime provisions of 
section 7 of the Fair Labor Standards 
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Act of 1938 (29 U.S.C. 207) or any 
regulations thereunder; or 
‘‘(v) has, within 2 years prior to the 
date of application, received a final adju-
dication for a willful violation involving in-
jury or death— 
‘‘(I) of section 5 of the Occupa-
tional Safety and Health Act of 1970 
(29 U.S.C. 654); 
‘‘(II) of any standard, rule, or 
order promulgated pursuant to section 
6 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655); 
or 
‘‘(III) of a plan approved under 
section 18 of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 
667). 
‘‘(B) LENGTH OF INELIGIBILITY.— 
‘‘(i) TEMPORARY INELIGIBILITY.—An 
employer described in clause (i) or (ii) of 
subparagraph (A) whose application is de-
nied shall not be eligible to be a registered 
employer for a period that is not less than 
1 year or a time period determined by the 
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Secretary, whichever is greater, and not 
more than 2 years. 
‘‘(ii) PERMANENT
INELIGIBILITY.— 
An employer described in clause (iii), (iv), 
or (v) of subparagraph (A) shall be perma-
nently ineligible to be a registered em-
ployer. 
‘‘(4) TERM OF REGISTRATION.—The Secretary 
may approve an application only for a term, begin-
ning on the date of approval, and ending on the 
later of— 
‘‘(A) the date that is 3 years thereafter; or 
‘‘(B) the date that is 3 months after the 
date on which the employer has no registered 
positions. 
‘‘(5) RENEWAL.— 
‘‘(A) IN GENERAL.—An employer may sub-
mit an application to renew the employer’s sta-
tus as a registered employer for additional peri-
ods under paragraph (4). 
‘‘(B) ATTESTATION.—An application for 
renewal under subparagraph (A) shall include 
an attestation described in paragraph (7)(A). 
‘‘(6) FEE.—At the time an employer’s applica-
tion to be a registered employer is approved, such 
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employer shall pay a fee of $500, and shall pay such 
fee every 3 years thereafter while the employer re-
mains a registered employer. 
‘‘(7) CONTINUED ELIGIBILITY.— 
‘‘(A) ATTESTATION.—Each registered em-
ployer shall attest to the Secretary each year— 
‘‘(i) that the registered employer has 
provided the wages and working conditions 
the registered employer agreed to provide 
to its H–2C nonimmigrant employees 
under paragraph (5)(B); 
‘‘(ii) that the registered employer re-
mains a bona fide employer operating in a 
full employment area; and 
‘‘(iii) to the number of H–2C non-
immigrants the employer employed the 
prior year. 
‘‘(B) NO LONGER A FULL EMPLOYMENT 
AREA.—An employer is ineligible to file an ap-
plication for a new permit or to renew an exist-
ing permit if the unemployment rate in the 
county or metropolitan statistical area where 
the business said employer operates rises so 
that the area is no longer designated as a full 
employment area. 
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‘‘(8) NOTICE
OF
FAILURE
OF
H–2C
NON-
IMMIGRANT TO APPEAR.—An employer shall inform 
the Secretary if an H–2C nonimmigrant does not 
appear for employment with the employer during the 
time period specified in subsection (c)(6)(A)(i). 
‘‘(e) REGISTERED POSITIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) APPLICATION.—Each employer may 
submit with an application or renewal under 
subsection (d) for adjudication to the Secretary 
an application to designate a registered position 
for which the employer is seeking to hire an H– 
2C nonimmigrant at any time during the year 
without regard to the date the employer needs 
each position to be filled. 
‘‘(B) ATTESTATION.—An application sub-
mitted under subparagraph (A) shall include a 
general description of each such position and an 
attestation to each of the following: 
‘‘(i) The number of full-time equiva-
lent employees of the employer. 
‘‘(ii) The occupational category, as 
classified by Bureau of Labor Statistics, 
for which each registered position is 
sought. 
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‘‘(iii) That the wages to be paid to H– 
2C nonimmigrants employed by the em-
ployer in each registered position will be 
the greater of— 
‘‘(I) the actual wage level paid by 
the employer to other employees with 
similar experience and qualifications 
for such position in the same location; 
or 
‘‘(II) the prevailing wage level for 
the occupational classification of the 
position in the metropolitan statistical 
area of the employment, based on the 
best information available as of the 
time of filing the application. 
‘‘(iv) That the employer has carried 
out the recruiting activities required by 
paragraph (2)(B). 
‘‘(v) That, subject to subparagraphs 
(B) and (C) of paragraph (2)— 
‘‘(I) there is no equally or better 
qualified United States worker who 
has applied for the position and who 
is ready, willing, and able to fill such 
position; or 
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‘‘(II) such position qualifies as 
an enduring job opening. 
‘‘(vi) That there is not a strike, lock-
out, or work stoppage in the course of a 
labor dispute in the occupation at the place 
of employment at which the H–2C non-
immigrant will be employed. If such strike, 
lockout, or work stoppage occurs following 
submission of the application, the employer 
will provide notification in accordance with 
all applicable regulations. 
‘‘(vii)(I) The employer has not laid off 
and will not lay off a United States worker 
during the period beginning 45 days prior 
to and ending 45 days after the date the 
employer files an application for designa-
tion of a position for which the H–2C non-
immigrant is sought or hires such H–2C 
nonimmigrant, unless the employer has 
made a reasonable effort to contact and 
offer such United States worker the posi-
tion, or documented the legitimate reasons 
that such United States worker is not 
qualified or available for the position. 
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States worker so that the total num-
ber of United States workers em-
ployed by such employer in the same 
occupation 
as 
such 
H–2C 
non-
immigrant and in the same metropoli-
tan statistical area where the reg-
istered position is located has not de-
creased. 
‘‘(viii) The number of workers whose 
jobs and job stability depend on the peti-
tioned job positions being filled. 
‘‘(C) DEFINITIONS.— 
‘‘(i) 
BEST
INFORMATION
AVAIL-
ABLE.—In subparagraph (B)(iii)(II), the 
term ‘best information available’, with re-
spect to determining the prevailing wage 
for a position, means— 
‘‘(I) a controlling collective bar-
gaining agreement, to which the em-
ployer is a signatory and which sets 
wages for work performed by H–2C 
nonimmigrants; 
‘‘(II) if there is no controlling 
collective bargaining agreement as set 
forth in subclause (I), the local, State, 
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or Federal prevailing wage laws or or-
dinances, for any time period during 
which the H–2C nonimmigrant per-
forms work on a project for which 
payment of such wages is required by 
such laws or ordinances, and the em-
ployer has signed a contract agreeing 
to pay such wages on that project; or 
‘‘(III) if there is no controlling 
collective bargaining agreement as set 
forth in subclause (I) and the H–2C 
nonimmigrant is not performing work 
on a project governed by a prevailing 
wage law or ordinance as set forth in 
subclause (II)— 
‘‘(aa) the wage level com-
mensurate with the experience, 
training, 
and 
supervision 
re-
quired for the job based on Bu-
reau of Labor Statistics data; or 
‘‘(bb) a legitimate private 
wage survey of the wages paid 
for such positions in the metro-
politan statistical area. 
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‘‘(ii) 
LEGITIMATE
PRIVATE
WAGE 
SURVEY.—In this paragraph, the term ‘le-
gitimate private wage survey’ means, in 
the case of an application under subpara-
graph (A), a survey of wages by an entity 
other than the Federal Government— 
‘‘(I) for which the data has been 
collected during the 2-year period im-
mediately preceding the date of the 
application; 
‘‘(II) that, if a published survey, 
has been published during the 2-year 
period immediately preceding the date 
of the application; 
‘‘(III) that is of the industry or 
occupation of intended employment; 
‘‘(IV) in which the employer job 
description is similar to the survey job 
description; 
‘‘(V) that is across industries 
that employ workers in the occupa-
tion; 
‘‘(VI) for which the wage deter-
mination is based on a weighted or 
straight average of the relevant wages, 
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or another valid measure of central 
tendency determined by the Secretary 
of Labor of relevant wage levels; and 
‘‘(VII) that identifies a statis-
tically valid methodology that was 
used to collect the data. 
‘‘(D) PERMIT.—The Secretary shall pro-
vide each registered employer whose application 
submitted under subparagraph (A) is approved 
with a permit that includes the number and de-
scription of such employer’s approved registered 
positions at the time of such approval. 
‘‘(E) REGISTRY
OF
REGISTERED
POSI-
TIONS.— 
‘‘(i) MAINTENANCE
OF
REGISTRY.— 
The Secretary shall develop and maintain 
a registry of registered positions. 
‘‘(ii) AVAILABILITY
ON
WEBSITE.— 
Such registry shall be accessible on a 
website maintained by the Secretary. 
‘‘(iii) AVAILABILITY ON STATE WORK-
FORCE
AGENCY
WEBSITES.—Each work-
force agency of each State shall be linked 
to such registry. 
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‘‘(iv) CONDITIONS
OF
AVAILABILITY 
ON WEBSITE.— 
‘‘(I) REGISTERED
POSITIONS.— 
Each registered position shall be in-
cluded in the registry of registered po-
sitions maintained by the Secretary 
and shall remain available for viewing 
on such registry throughout the pe-
riod of approval under paragraph (5). 
‘‘(II) AVAILABILITY
AND
ELIGI-
BILITY.—The Secretary shall ensure 
that the registry indicates whether 
each registered position in the registry 
is filled or unfilled. 
‘‘(2) REQUIREMENTS.— 
‘‘(A) ELIGIBLE
OCCUPATION.—Each reg-
istered position shall be for a position in an eli-
gible occupation as described in paragraph (3). 
‘‘(B) RECRUITMENT
OF
UNITED
STATES 
WORKERS.— 
‘‘(i) REQUIREMENTS.—A position may 
not be a registered position unless the reg-
istered employer— 
‘‘(I) advertises the position for a 
period of 30 days, including the wage 
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range, location or locations, and pro-
posed start date— 
‘‘(aa) on the internet website 
maintained by the Secretary of 
Labor for the purpose of such 
advertising; and 
‘‘(bb) with the workforce 
agency of the State where the po-
sition will be located; and 
‘‘(II) except as provided for in 
subsection (f)(4)(A)(ii), carries out 
not less than 3 of the recruiting ac-
tivities described in subparagraph (C). 
‘‘(ii) DURATION
OF
ADVERTISING.— 
The 30-day periods required by items (aa) 
and (bb) of clause (i)(I) may occur at the 
same time. 
‘‘(C) RECRUITING ACTIVITIES.—Recruiting 
activities described in this subparagraph shall 
take place no earlier than 60 days before an 
employer files an application for a permit to 
hire an H–2C nonimmigrant and may be con-
current with the requirements of subsection 
(e)(2)(B). A recruiting activity is any of the fol-
lowing: 
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‘‘(i) Advertising such position at a job 
fair. 
‘‘(ii) Advertising such position on the 
employer’s external website. 
‘‘(iii) Advertising such position on a 
job search internet website. 
‘‘(iv) Advertising such position using a 
presentation or posting at a vocational 
school, career technical school, community 
college, high school, or other educational or 
training site. 
‘‘(v) Posting such position with a 
trade association. 
‘‘(vi) Utilizing a search firm to seek 
applicants for such position. 
‘‘(vii) 
Advertising 
such 
position 
through a recruitment program with a 
placement office at a vocational school, ca-
reer technical school, community college, 
high school, or other educational or train-
ing site. 
‘‘(viii) Advertising such position with 
a local library, journal, or newspaper. 
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‘‘(ix) Seeking a candidate for such po-
sition through an employee referral pro-
gram with incentives. 
‘‘(x) Advertising such position on 
radio or television. 
‘‘(xi) 
Advertising 
such 
position 
through an advertising, posting, or presen-
tation with a newspaper, internet website, 
job fair, or community event targeted to 
constituencies designed to increase em-
ployee diversity. 
‘‘(xii) 
Advertising 
such 
position 
through a career day presentation at a 
local high school or community organiza-
tion. 
‘‘(xiii) Providing in-house training for 
such position. 
‘‘(xiv) Providing third-party training 
for such position. 
‘‘(xv) 
Advertising 
such 
position 
through recruitment, educational, or other 
cooperative programs offered by the em-
ployer and a local economic development 
authority. 
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‘‘(xvi) Advertising such position twice 
in a Sunday edition in a primary daily cir-
culation newspaper. 
‘‘(xvii) Advertising such position on-
site at the business location. 
‘‘(xviii) 
Advertising 
such 
position 
through major social media platforms. 
‘‘(xix) 
Advertising 
such 
position 
through public listservs, newsletters, and 
email updates. 
‘‘(3) ELIGIBLE OCCUPATION.— 
‘‘(A) IN GENERAL.—An occupation is an 
eligible occupation if the occupation— 
‘‘(i) is a zone 1 occupation, a zone 2 
occupation, or zone 3 occupation; and 
‘‘(ii) is not an excluded occupation 
under subparagraph (B). 
‘‘(B) OCCUPATIONS
REQUIRING
COLLEGE 
DEGREES.—An occupation that is listed in the 
Occupational Outlook Handbook published by 
the Bureau of Labor Statistics (or similar suc-
cessor publication) that is classified as requir-
ing an individual with a bachelor’s degree or 
higher level of education may not be an eligible 
occupation. 
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‘‘(C) PUBLICATION.—The Secretary of 
Labor shall publicize the eligible occupations, 
designated as zone 1 occupations, zone 2 occu-
pations, or zone 3 occupations, on an ongoing 
basis on a publicly available internet website. 
‘‘(4) FILLING
OF
VACANCIES.—If an H–2C 
nonimmigrant terminates employment in a reg-
istered position or is terminated from such employ-
ment by the registered employer, such employer may 
fill that vacancy by hiring an H–2C nonimmigrant 
other than an initial H–2C nonimmigrant. 
‘‘(5) PERIOD OF APPROVAL.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a registered position shall be 
approved by the Secretary for a period that be-
gins on the date of such approval and ends on 
the earliest of— 
‘‘(i) the date the employer’s status as 
a registered employer is terminated; 
‘‘(ii) 3 years after the date of such ap-
proval; 
‘‘(iii) 240 days after the date of such 
approval if such position has not been 
filled by an H–2C nonimmigrant at any 
point during such time; or 
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‘‘(iv) upon termination of the reg-
istered position by the employer. 
‘‘(B) RENEWAL.—An approval under sub-
paragraph (A) shall be renewed for not more 
than 2 additional periods at the request of the 
registered employer as provided in this subpara-
graph if such registered employer fulfills the re-
quirements of paragraphs (1)(C) and (2). 
‘‘(C) RENEWING EMPLOYER EXEMPTION.— 
Renewals of registered positions by employers 
shall not be counted toward the limits estab-
lished under paragraph (1)(A) or (2)(D) of sub-
section (f) or counted for the purposes of a nu-
merical limitation under subparagraph (B) or 
(C) of subsection (f)(2). 
‘‘(D) SECRETARY AUTHORITY TO TERMI-
NATE
REGISTERED
POSITION.—The Secretary 
shall terminate a registered position if the Sec-
retary determines— 
‘‘(i) that an employer has purposefully 
allowed a registered position to be used for 
an alien to gain admission to the United 
States as an H–2C nonimmigrant with no 
intention of such alien working for such 
registered employer; or 
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‘‘(ii) that there exists a pattern and 
practice of initial H–2C nonimmigrants 
failing to report in accordance with the 
time 
period 
specified 
in 
subsection 
(c)(6)(A)(i). 
‘‘(6) FEES.— 
‘‘(A) REGISTRATION FEE.— 
‘‘(i) IN GENERAL.—At the time an ap-
plication to register a position is approved 
and after each renewal of such position, 
each registered employer shall pay a fee in 
an amount determined by the Secretary. 
‘‘(ii) USE OF FEE.—Except as other-
wise provided in this section, a fee col-
lected under clause (i) shall be used to 
fund any action to carry out this section, 
except for subsection (q) and subsection 
(p)(2). 
‘‘(B) PROHIBITION ON OTHER FEES.—A 
registered employer may not be required to pay 
an additional fee other than any fees specified 
in this Act. 
‘‘(7) INITIAL REVIEW OF APPLICATIONS.— 
‘‘(A) IN GENERAL.—For applications filed 
and considered under paragraph (1)— 
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‘‘(i) unless the Secretary determines 
that the application is incomplete, facially 
invalid, or obviously inaccurate, the Sec-
retary, not later than 10 business days 
after the date on which such application 
was filed, shall either approve or reject the 
application and provide the applicant with 
notice of such action by means ensuring 
same or next day delivery; and 
‘‘(ii) if the Secretary determines that 
the application is incomplete, facially in-
valid, or obviously inaccurate, the Sec-
retary shall— 
‘‘(I) not later than 10 business 
days after the date on which such ap-
plication was filed, notify the appli-
cant of the deficiencies to be corrected 
by means ensuring same or next day 
delivery; and 
‘‘(II) not later than 10 business 
days after receipt of the corrected ap-
plication, approve or deny the applica-
tion and provide the applicant with 
notice of such action by means ensur-
ing same or next day delivery. 
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‘‘(B) PREMIUM
PROCESSING.—The Sec-
retary shall establish a process for expedited 
processing of applications under this section, 
subject to the payment of an additional fee, as 
determined by the Secretary. 
‘‘(C) FEE
REDUCTION.—The Secretary 
shall reduce the registration fee under para-
graph (6) by 5 percent for each day the applica-
tion is delayed beyond the required review peri-
ods under subparagraph (A). 
‘‘(8) EXPEDITED REVIEW.—Not later than 1 
year after the date of the enactment of the Essential 
Workers for Economic Advancement Act, the Sec-
retary shall promulgate regulations to provide for an 
expedited procedure for the review of a denial of an 
application under this section by the Secretary. 
‘‘(f) NUMERICAL LIMITATION.— 
‘‘(1) 
REGISTERED
POSITIONS.—Subject 
to 
paragraphs (3), (4), and (5), the maximum number 
of registered positions that may be approved by the 
Secretary for a fiscal year is as follows: 
‘‘(A) For the first full fiscal year after the 
effective date of the Essential Workers for Eco-
nomic Advancement Act that aliens are admit-
ted as H–2C nonimmigrants, 65,000. 
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‘‘(B) For each fiscal year after that first 
fiscal year, the level calculated for that fiscal 
year under paragraph (2). 
‘‘(2) SUBSEQUENT FISCAL YEARS.— 
‘‘(A) DEFINITION
OF
CURRENT
FISCAL 
YEAR AND PRECEDING FISCAL YEAR.—In this 
paragraph: 
‘‘(i) CURRENT
FISCAL
YEAR.—The 
term ‘current fiscal year’ means the fiscal 
year for which the calculation of the nu-
merical limits under this paragraph is 
being performed. 
‘‘(ii) PRECEDING FISCAL YEAR.—The 
term ‘preceding fiscal year’ means the fis-
cal year immediately preceding the current 
fiscal year. 
‘‘(B) NUMERICAL LIMITATION.—Subject to 
subparagraph (D), the maximum number of 
registered positions that may be approved by 
the Secretary for a fiscal year after the first fis-
cal year referred to in paragraph (1)(A) shall 
be equal to— 
‘‘(i) 65,000 for the first fiscal year in 
which the program is implemented; and 
‘‘(ii) in any subsequent fiscal year— 
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‘‘(I) if the total number of reg-
istered positions allocated for that fis-
cal year are allotted within the first 
quarter of that fiscal year, then an 
additional 20 percent of the allocated 
number shall be made available imme-
diately and the allocated amount for 
the following fiscal year shall increase 
by 20 percent of the original allocated 
amount in the prior fiscal year; 
‘‘(II) if the total number of reg-
istered positions allocated for that fis-
cal year are allotted within the second 
quarter of that fiscal year, then an 
additional 15 percent of the allocated 
number shall be made available imme-
diately and the allocated amount for 
the following fiscal year shall increase 
by 15 percent of the original allocated 
amount in the prior fiscal year; 
‘‘(III) if the total number of reg-
istered positions allocated for that fis-
cal year are allotted within the third 
quarter of that fiscal year, then an 
additional 10 percent of the allocated 
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number shall be made available imme-
diately and the allocated amount for 
the following fiscal year shall increase 
by 10 percent of the original allocated 
amount in the prior fiscal year; 
‘‘(IV) if the total number of reg-
istered positions allocated for that fis-
cal year are allotted within the last 
quarter of that fiscal year, then the 
allocated amount for the following fis-
cal year shall increase by 10 percent 
of the original allocated amount in the 
prior fiscal year; and 
‘‘(V) with the exception of the 
first subsequent fiscal year to the fis-
cal year in which the program is im-
plemented, if fewer registered posi-
tions were allotted the previous fiscal 
year than the number of registered 
positions allocated for that year and 
the reason was not due to processing 
delays or delays in promulgating regu-
lations, then the allocated amount for 
the following fiscal year shall decrease 
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by 10 percent of the allocated amount 
in the prior fiscal year. 
‘‘(C) MINIMUM AND MAXIMUM LEVELS.— 
Notwithstanding the number of registered posi-
tions calculated under subparagraph (B), the 
number of registered positions made available 
for a fiscal year under this paragraph may not 
be less than 45,000 or more than 85,000. 
‘‘(D) SUBSEQUENT ALLOCATIONS.— 
‘‘(i) IN
GENERAL.—Subject to the 
limitations under subparagraph (C)— 
‘‘(I) the maximum number of 
registered positions available for the 
current fiscal year calculated under 
subparagraph (B) may be increased 
for the 6-month period beginning on 
the first day of the current fiscal year 
by 5 percent of the maximum number 
of registered positions allocated for 
that 6-month period under subsection 
(h)(1), if all such allocated registered 
positions have been approved prior to 
the 6th month of that 6-month period; 
and 
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paragraphs (1) and (3), the Secretary shall 
make additional registered positions available, 
up to the maximum number of registered posi-
tions specified in paragraph (3)(C), for the fis-
cal year for a specific registered employer as 
described in this paragraph, if— 
‘‘(i)(I) the maximum number of reg-
istered positions available under paragraph 
(2)(B) have been approved for the fiscal 
year and none remain available for alloca-
tion; or 
‘‘(II) such registered employer is lo-
cated in a full employment area; 
‘‘(ii) such registered employer has 
paid a scarcity recruitment fee; or 
‘‘(iii) in the case of registered employ-
ers with 50 or fewer employees, such reg-
istered employer has carried out not less 
than 7 of the recruiting activities described 
in subsection (e)(2)(C) and posts the posi-
tion, including the wage range, location, 
and initial date of employment, for not less 
than 30 days— 
‘‘(I) on the internet website 
maintained by the Secretary of Labor 
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for the purpose of such advertising; 
and 
‘‘(II) with the workforce agency 
of the State where the position will be 
located. 
‘‘(B) RECRUITMENT.— 
‘‘(i) LIMITATION
FOR
INITIAL
H–2C 
NONIMMIGRANTS.—Except as provided in 
clause (ii), an initial H–2C nonimmigrant 
may only enter the United States for ini-
tial employment pursuant to a special allo-
cation under this paragraph if the reg-
istered employer has carried out at least 7 
of the recruiting activities described in sub-
section (e)(2)(C) or has paid a scarcity re-
cruitment fee. 
‘‘(ii) EXCEPTION.—A registered em-
ployer may register a position pursuant to 
a special allocation under this paragraph 
by conducting at least 3 of the recruiting 
activities described in subsection (e)(2)(C), 
however a position registered pursuant to 
this clause may not be filled by an initial 
H–2C nonimmigrant. 
‘‘(iii) ADVERTISING THE POSITION.— 
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‘‘(I) REQUIREMENT.—Any reg-
istered employer registering any posi-
tion under the special allocation au-
thority shall post the position, includ-
ing the wage range, location or loca-
tions, and initial date of employment, 
for not less than 30 days— 
‘‘(aa) on the internet website 
maintained by the Secretary of 
Labor for the purpose of such 
advertising; and 
‘‘(bb) with the workforce 
agency of the State where the po-
sition will be located. 
‘‘(II) TIMING.—The 30-day peri-
ods required by items (aa) and (bb) of 
subclause (I) may occur at the same 
time. 
‘‘(4) UNFILLED POSITIONS.—If an H–2C non-
immigrant has not been employed in registered posi-
tion during any portion of the 240-day period after 
the date of the approval of the position, the reg-
istered position shall be terminated and added to the 
number of positions made available for the next 6- 
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month allocation period under paragraph (1) or (2) 
of subsection (i). 
‘‘(g) FEDERAL PUBLIC BENEFITS.— 
‘‘(1) IN GENERAL.—H–2C nonimmigrants— 
‘‘(A) are not entitled to the premium as-
sistance tax credit authorized under section 
36B of the Internal Revenue Code of 1986; 
‘‘(B) shall be subject to the rules applica-
ble to individuals who are not lawfully present 
as set forth in subsection (e) of such section; 
and 
‘‘(C) shall not be allowed any credit under 
section 24 or 32 of the Internal Revenue Code 
of 1986, and, in the case of a joint return, no 
credit shall be allowed under either such section 
if both spouses are H–2C nonimmigrants. 
‘‘(2) EMPLOYER
FEE.—For purposes of sub-
sections (a)(2), (b)(1)(B), and (c)(2)(A) of section 
4980H of the Internal Revenue Code of 1986, the 
H–2C nonimmigrant shall be treated as a full-time 
employee certified as having enrolled in a qualified 
health plan with respect to which an applicable pre-
mium tax credit or cost-sharing reduction is allowed 
or paid with respect to the employee. 
‘‘(h) ALLOCATION OF REGISTERED POSITIONS.— 
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‘‘(1) IN GENERAL.— 
‘‘(A) FIRST 6-MONTH PERIOD.—The num-
ber of registered positions available under para-
graph (2) of subsection (f) (except those made 
available under subparagraph (E) of such para-
graph) for the 6-month period beginning on the 
first day of a year is 50 percent of the max-
imum number of registered positions available 
for such year under paragraph (1)(A)(i) or 
(2)(B) of subsection (f). Such registered posi-
tions shall be allocated as described in this sub-
section. 
‘‘(B) SECOND
6-MONTH
PERIOD.—The 
number of registered positions available under 
paragraph (2) of subsection (f) (except those 
made available under subparagraph (E) of such 
paragraph) for the 6-month period ending on 
the last day of a year is the maximum number 
of registered positions available for such year 
under paragraph (1)(A)(i) or (2)(B) of sub-
section (f) minus the number of registered posi-
tions approved during the 6-month period re-
ferred to in subparagraph (A). Such registered 
positions shall be allocated as described in this 
subsection. 
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‘‘(2) SMALL BUSINESSES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
reserve not less than one quarter of the number 
of registered positions initially allocated for 
each 6-month period under subsection (f)(2)(B) 
only for a registered employer that is a small 
business unless— 
‘‘(i) any such registered positions are 
not approved in the first 4 months of each 
6-month period; or 
‘‘(ii) less than one quarter of the reg-
istered positions initially allocated for the 
6-month period remain available after the 
first month. 
‘‘(B) CONDITION MET.—If a condition re-
ferred to in clause (i) or (ii) of subparagraph 
(A) is met, any remaining registered positions 
shall be available for any registered employer. 
‘‘(C) 
PRIORITY
CONSIDERATION.—The 
Secretary shall give priority consideration to ap-
proving registered positions for small business 
employers who are in industries with compara-
tively low sales per employee, as measured by 
the Census Bureau’s Economic Census, that, as 
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part of a robust effort to recruit U.S. work-
ers— 
‘‘(i) promote hiring programs for jus-
tice-involved youth by having their main 
trade association or industry sponsored 
foundation participate in the Employment 
and Training Administration, U.S. Depart-
ment of Labor, Pathway Home grant pro-
gram to support expanded services to eligi-
ble, incarcerated individuals in State cor-
rectional facilities or local jails prior- and 
post-release to help eliminate the gap be-
tween release and enrollment into a reentry 
program leading to employment, or a fu-
ture equivalent Federal grant program; 
‘‘(ii) promote nationally recognized 
employee safety and health programs, in-
cluding programs that promote best prac-
tices to lessen the spread of COVID–19; 
‘‘(iii) hire workers under the Work 
Opportunity Tax Credit with the priority 
consideration applicable only for those oc-
cupations that fall within the top five 
Standard Occupational Classifications as 
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measured by total number of certifications 
by occupation; or 
‘‘(iv) participate in industry appren-
ticeship, training, or certification pro-
grams. 
‘‘(i) PORTABILITY.— 
‘‘(1) NONIMMIGRANT PORTABILITY.—An H–2C 
nonimmigrant who is employed in a registered posi-
tion may— 
‘‘(A) be employed at any worksite if the 
registered employer advertised such location 
under 
subsection 
(e)(2)(B)(i)(I) 
or 
(f)(3)(B)(iii); 
‘‘(B) terminate such employment at any 
time, for any reason; 
‘‘(C) in the case of an initial H–2C worker, 
after one year of employment with the initial 
H–2C registered employer, seek and accept em-
ployment with another registered employer in 
any other registered position within the terms 
and conditions of the H–2C nonimmigrant visa; 
and 
‘‘(D) in the case of an H–2C worker who 
is no longer an initial H–2C worker, or who has 
completed one year with their initial H–2C reg-
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istered employer, seek and accept employment 
with another registered employer in any other 
registered position within the terms and condi-
tions of the H–2C nonimmigrant visa. 
‘‘(2) EMPLOYER
PORTABILITY.—A registered 
employer who employs an H–2C nonimmigrant 
may— 
‘‘(A) employ such nonimmigrant at any 
worksite if the registered employer advertised 
such location under subsection (e)(2)(B)(i)(I) 
or (f)(3)(B)(iii); 
‘‘(B) terminate such employment at any 
time for any reason if such reason is lawful for 
United States workers; 
‘‘(C) in the case of an initial H–2C worker 
brought into the United States by the employer 
to fill a registered position, the employer may 
after the one-year anniversary date of that 
worker’s employment term, seek and hire an-
other H–2C nonimmigrant to replace the initial 
H–2C worker in accordance with subsection 
(e)(4); and 
‘‘(D) in the case of H–2C workers who are 
not initial H–2C workers, seek and hire another 
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H–2C nonimmigrant in accordance with sub-
section (e)(4). 
‘‘(3) AT-WILL EMPLOYMENT.—Notwithstanding 
any other provision of law, employment pursuant to 
this section shall be considered at-will unless speci-
fied by a contract agreed to by the H–2C non-
immigrant and the registered employer. 
‘‘(j) PROMOTION.—A registered employer may pro-
mote an H–2C nonimmigrant if the H–2C nonimmigrant 
has been employed with that employer for a period of not 
less than 12 months. Such a promotion shall not increase 
the total number of registered positions available to that 
employer. 
‘‘(k) ASSESSING THE IMPACT OF THE H–2C PRO-
GRAM.— 
‘‘(1) STUDY.—The Director of the Bureau of 
the Census, jointly with the Secretary, the Secretary 
of Energy, the Secretary of Health and Human 
Services, the Secretary of Housing and Urban De-
velopment, the Secretary of the Interior, the Sec-
retary of Labor, the Secretary of Transportation, 
the Secretary of the Treasury, and the Attorney 
General, shall undertake a study examining the im-
pacts of this section as well as a possible future per-
manent H–2C program on the infrastructure of, and 
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quality of life in, the participating metropolitan sta-
tistical areas and counties. 
‘‘(2) REPORT.—Not later than 3 years after the 
date of the enactment of the Essential Workers for 
Economic Advancement Act, the Director of the Bu-
reau of the Census shall submit to Congress a report 
on the findings of the study required by paragraph 
(1), including the following information: 
‘‘(A) An estimate of legal and illegal immi-
grants in participating counties and metropoli-
tan statistical areas, the estimated change in 
those populations since commencement of the 
program, and the estimated change to the num-
ber of United States workers in such counties 
and metropolitan statistical areas. 
‘‘(B) The impact of H–2C nonimmigrants 
on employment and wage rates for United 
States workers in State labor markets affected 
by worker inflows into the full employment 
areas where the program operates. The study 
should pay particular attention to the industries 
and services in which H–2C nonimmigrants are 
concentrated. It should take into consideration 
equilibrating labor flows in and out of said full 
employment areas, and it should consider asso-
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ciated costs and benefits, including those re-
lated to public services, infrastructure mainte-
nance, business startups, investment, and over-
all economic activity. 
‘‘(C) The impact of H–2C nonimmigrants 
on home ownership rates, housing prices, and 
the demand for low-income and subsidized 
housing in participating counties and metropoli-
tan statistical areas and the public expenditures 
required to maintain current median standards 
in these areas and the degree to which those 
standards will deteriorate if such expenditures 
are not forthcoming. 
‘‘(D) The impact of H–2C nonimmigrants 
on access to quality health care in participating 
counties and metropolitan statistical areas, on 
the cost of health care and health insurance, 
and an estimate of the public expenditures re-
quired to maintain current median standards 
and the degree to which those standards will 
deteriorate if such expenditures are not forth-
coming. 
‘‘(E) The impact of H–2C nonimmigrants 
on the criminal justice system in participating 
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counties and metropolitan statistical areas, and 
an estimate of associated public costs. 
‘‘(F) The impact of permitting non-sea-
sonal low skilled workers that currently do not 
qualify for H–2C nonimmigrant status to qual-
ify for H–2C nonimmigrant status or of cre-
ating a new program to provide nonimmigrant 
status for such non-seasonal low skilled work-
ers, including— 
‘‘(i) any impact on United States 
workers; 
‘‘(ii) any impact on employers that 
are utilizing H–2C nonimmigrants; 
‘‘(iii) any impact on employers that do 
not 
qualify 
to 
employ 
H–2C 
non-
immigrants; and 
‘‘(iv) any impact on H–2C non-
immigrants. 
‘‘(G) The impact on local tax revenues re-
ceived from industries employing H–2C work-
ers, by industry. 
‘‘(l) H–2C NONIMMIGRANT PROTECTIONS.— 
‘‘(1) WAIVER OF RIGHTS PROHIBITED.— 
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‘‘(A) 
IN
GENERAL.—An 
H–2C 
non-
immigrant may not be required to waive any 
substantive rights or protections under this Act. 
‘‘(B) CONSTRUCTION.—Nothing in this 
paragraph may be construed to affect the inter-
pretation of any other law. 
‘‘(2) PROHIBITION
ON
TREATMENT
AS
INDE-
PENDENT CONTRACTORS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law— 
‘‘(i) an H–2C nonimmigrant is prohib-
ited from being treated as an independent 
contractor under any Federal or State law; 
and 
‘‘(ii) no person, including any em-
ployer, labor contractor, or any person who 
is affiliated with or contracts with an em-
ployer or labor contractor, may treat an 
H–2C nonimmigrant as an independent 
contractor. 
‘‘(B) CONSTRUCTION.—Subparagraph (A) 
may not be construed to prevent registered em-
ployers who operate as independent contractors 
from employing H–2C nonimmigrants. 
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‘‘(3) PAYMENT OF FEES.—A fee related to the 
hiring of an H–2C nonimmigrant required to be paid 
by an employer under this Act shall be paid by the 
employer and may not be deducted from the wages 
or other compensation paid to an H–2C non-
immigrant. 
‘‘(4) TAX
RESPONSIBILITIES.—An employer 
shall comply with all applicable Federal, State, and 
local tax laws with respect to each H–2C non-
immigrant employed by the employer. 
‘‘(5) WHISTLEBLOWER PROTECTION.—It shall 
be unlawful for an employer of an H–2C non-
immigrant to intimidate, threaten, restrain, coerce, 
retaliate, discharge, or in any other manner discrimi-
nate against an employee or former employee be-
cause the employee or former employee— 
‘‘(A) discloses information to the employer 
or any other person that the employee or 
former employee reasonably believes that the 
employer or other person has committed a vio-
lation of this section; or 
‘‘(B) cooperates or seeks to cooperate in an 
investigation or other proceeding concerning 
compliance with the requirements of this sec-
tion. 
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‘‘(m) ENFORCEMENT.— 
‘‘(1) COMPLAINT
PROCESS.—The Secretary 
shall, by rule, establish a process for the receipt, in-
vestigation, and disposition of complaints by an ag-
grieved employee, applicant, or H–2C nonimmigrant 
respecting a violation of this section. 
‘‘(2) FILING
DEADLINE.—No investigation or 
hearing shall be conducted on a complaint con-
cerning a violation under this section unless the 
complaint was filed not later than 3 months after 
the date of such violation. 
‘‘(3) REASONABLE BASIS.—The Secretary shall 
conduct an investigation under this subsection if 
there is reasonable basis to believe that a violation 
of this section has occurred. The process established 
under this subsection shall provide that, not later 
than 30 days after a complaint is filed, the Sec-
retary shall determine if there is reasonable cause to 
find such a violation. 
‘‘(4) NOTICE AND HEARING.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the Secretary finds a reasonable 
basis under paragraph (3), the Secretary shall 
issue a notice to the interested parties and offer 
an opportunity for a hearing on the complaint, 
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in accordance with section 556 of title 5, 
United States Code. 
‘‘(B) HEARING DEADLINE.—Not later than 
60 days after the date of a hearing under this 
paragraph, the Secretary shall make a finding 
on the matter. 
‘‘(5) ATTORNEY’S FEES.— 
‘‘(A) AWARD.—A complainant who prevails 
in an action under this subsection with respect 
to a claim related to wages or compensation for 
employment shall be entitled to an award of 
reasonable attorney’s fees and costs. 
‘‘(B) FRIVOLOUS
COMPLAINTS.—A com-
plainant who files a frivolous complaint under 
this subsection shall be liable for the reasonable 
attorney’s fees and costs of the person named 
in the complaint. 
‘‘(6) POWER OF THE SECRETARY.—The Sec-
retary may bring an action in any court of com-
petent jurisdiction— 
‘‘(A) to seek remedial action, including in-
junctive relief; 
‘‘(B) to recover the damages described in 
subsection (n)(2); or 
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‘‘(C) to ensure compliance with terms and 
conditions described in subsection (l)(5). 
‘‘(7) OTHER
RIGHTS
OF
EMPLOYEES.—The 
rights and remedies provided to H–2C non-
immigrants under this section are in addition to any 
other contractual or statutory rights and remedies of 
the workers, and are not intended to alter or affect 
such rights and remedies. 
‘‘(8) COMPLIANCE.—De minimis variations 
from the registered position’s duties described in the 
application and related materials or from the posi-
tion’s general description provided in the attestation 
or the advertising requirements pursuant to sub-
section (e), including de minimis work or work inci-
dental to the job, shall be permitted and not be 
cause for complaint, referral, investigation, audit, or 
penalties. 
‘‘(n) PENALTIES.— 
‘‘(1) IN GENERAL.—If, after notice and an op-
portunity for a hearing, the Secretary finds a viola-
tion of this section, the Secretary may impose ad-
ministrative remedies and penalties, including re-
quiring the payment of— 
‘‘(A) back wages; and 
‘‘(B) benefits. 
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‘‘(2) CIVIL
PENALTIES.—The Secretary may 
bring an action for a civil monetary penalty— 
‘‘(A) for a violation of this section— 
‘‘(i) in an amount not more than 
$3,000 for the first violation and $4,000 
per violation for each subsequent violation; 
or 
‘‘(ii) if the violation was committed 
knowingly, a fine in an amount not more 
than $5,000 per violation; 
‘‘(B) for intentionally failing to comply 
with the protections of United States workers 
required under this section or with the protec-
tion of whistleblowers under subsection (l)(5), a 
fine in an amount not more than $25,000 per 
violation; or 
‘‘(C) for knowingly failing to materially 
comply with the terms of other representations 
made in petitions, applications, certifications, or 
attestations under this section— 
‘‘(i) a fine in an amount not more 
than $4,000 per violation; and 
‘‘(ii) upon the occasion of a third of-
fense of failure to comply with representa-
tions, a fine in an amount not to exceed 
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$5,000 per violation and designation as an 
ineligible employer, pursuant to subsection 
(d)(3)(B)(i). 
‘‘(3) CRIMINAL
PENALTY.—Any H–2C non-
immigrant who intentionally fails to report to a reg-
istered position in the time period specified in sub-
section (c)(6)(A)(i) or a registered employer who 
knowingly facilitates an H–2C nonimmigrant to in-
tentionally fail to report in the time period specified 
above shall— 
‘‘(A) for a first offense, be fined in accord-
ance with title 18, United States Code, in an 
amount up to $5,000, or imprisoned for not 
more than 90 days; and 
‘‘(B) for each subsequent offense, be fined 
in accordance with title 18, United States Code, 
in an amount up to $10,000, or imprisoned for 
not more than 1 year, or both. 
‘‘(o) MONITORING.— 
‘‘(1) ELECTRONIC MONITORING SYSTEM.— 
‘‘(A) REQUIREMENT
FOR
SYSTEM.—The 
Secretary, through U.S. Citizenship and Immi-
gration Services, shall implement an electronic 
monitoring system to monitor the presence and 
employment of H–2C nonimmigrants, including 
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a requirement that registered employers update 
the system when H–2C nonimmigrants start 
and end employment in registered positions. 
The system shall be operational not later than 
6 months following the date of the publication 
of the final regulations to carry out this section. 
‘‘(B) RELATIONSHIP TO SEVIS.—Such sys-
tem shall be modeled on the Student and Ex-
change Visitor Information System (SEVIS) 
and SEVIS II tracking system of U.S. Immi-
gration and Customs Enforcement. 
‘‘(C) INTERACTION
WITH
REGISTRY.— 
Such system shall interact with the registry re-
ferred to in subsection (e)(1)(E) to ensure that 
the Secretary designates and updates approved 
registered positions as being filled or unfilled. 
‘‘(D) EMPLOYER.—The employer shall no-
tify such system after offering employment to 
an H–2C nonimmigrant. 
‘‘(E) 
ACCESS
FOR
SECRETARY
OF 
STATE.—The Secretary of State shall have ac-
cess to such system to verify an alien’s offer of 
employment with a registered employer prior to 
admission as an H–2C nonimmigrant. 
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‘‘(2) MANDATORY
E-VERIFY
USE.—No reg-
istered employer may employ an H–2C non-
immigrant without participating in the E-Verify 
Program described in section 403(a) of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note) or an employ-
ment eligibility verification system patterned on such 
Program’s verification system. Any such system— 
‘‘(A) shall respond to inquiries made by 
registered employers by providing an employee’s 
employment eligibility; and 
‘‘(B) shall not be used, subject to a civil 
monetary penalty determined by the Secretary 
by rule— 
‘‘(i) by any department, bureau, or 
other agency of the United States Govern-
ment, any other public or private entity, or 
any individual to monitor the movement of 
United States workers; or 
‘‘(ii) for inquiries related to a United 
States worker other than— 
‘‘(I) to provide such worker’s eli-
gibility for employment in the United 
States; or 
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‘‘(II) to ensure secure, appro-
priate, and nondiscriminatory use of 
such system, notwithstanding any 
other provision of law. 
‘‘(p) REQUIREMENT TO COMPLY WITH BIOMETRIC 
ENTRY
AND EXIT SYSTEM.—Any alien entering the 
United States or present in the United States on a visa 
issued under section 101(a)(15)(H)(ii)(c) shall comply 
with the requirements of the entry and exit data system 
required by section 7208 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), in-
cluding the biometric identification requirements, after 
such requirements are implemented. 
‘‘(q) RULEMAKING.—Not later than 1 year after the 
date of the enactment of the Essential Workers for Eco-
nomic Advancement Act, the Secretary shall, by rule, pro-
vide for a means by which any renewal, attestation, or ap-
plication filed pursuant to this section may be made elec-
tronically.’’. 
(2) TABLE OF CONTENTS AMENDMENT.—The 
table of contents in the first section of the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by adding after the item relating to section 
219 the following: 
‘‘Sec. 219A. Admission of H–2C nonimmigrant workers.’’. 
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(b) INTENTION
TO
ABANDON
FOREIGN
RESI-
DENCE.—Section 214(h) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(h)) is amended by inserting 
‘‘(H)(ii)(d),’’ after ‘‘(H)(i)(b) or (c),’’. 
(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 the Secretary of 
State shall not issue a visa under clause (ii)(d) to a spouse 
or child seeking to enter into the United States under such 
clause unless such spouse has received an offer of employ-
ment by a registered employer as defined in section 
219A;’’. 
Æ 
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