I 
109TH CONGRESS 
1ST SESSION H. R. 3857 
To simplify the process for admitting temporary alien agricultural workers 
under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act, to increase access to such workers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2005 
Mr. GOODLATTE (for himself, Mr. BERRY, Mrs. MUSGRAVE, Ms. FOXX, Mrs. 
JO ANN DAVIS of Virginia, Mr. CONAWAY, Mr. UPTON, Mr. SCHWARZ 
of Michigan, and Mr. ALEXANDER) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committee on Agriculture, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To simplify the process for admitting temporary alien agri-
cultural workers under section 101(a)(15)(H)(ii)(a) of 
the Immigration and Nationality Act, to increase access 
to such workers, 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 ‘‘Temporary Agricul-
tural Labor Reform Act of 2005’’. 
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SEC. 2. ADMISSION OF TEMPORARY H–2A WORKERS. 
(a) IN GENERAL.—Section 218 of the Immigration 
and Nationality Act (8 U.S.C. 1188) is amended to read 
as follows: 
‘‘ADMISSION OF TEMPORARY H–2A WORKERS 
‘‘SEC. 218. (a) APPLICATION.—An alien may not be 
admitted as an H–2A worker unless the employer has filed 
with the Secretary of Homeland Security a petition attest-
ing to the following: 
‘‘(1) TEMPORARY
OR
SEASONAL
LABOR
OR 
SERVICES.—The agricultural employment for which 
the H–2A worker or workers is or are sought is tem-
porary or seasonal, the number of workers sought, 
and the wage rate and conditions under which they 
will be employed. 
‘‘(2) BENEFITS, WAGE, AND WORKING CONDI-
TIONS.—The employer will provide, at a minimum, 
the benefits, wages, and working conditions required 
by subsection (n) to all workers employed in the jobs 
for which the H–2A worker or workers is or are 
sought and to all other workers in the same occupa-
tion at the place of employment. 
‘‘(3) NONDISPLACEMENT
OF
UNITED
STATES 
WORKERS.—The employer did not displace and will 
not displace a United States worker employed by the 
employer during the period of employment and dur-
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ing a period of 30 days preceding the period of em-
ployment in the occupation at the place of employ-
ment for which the employer seeks approval to em-
ploy H–2A workers. 
‘‘(A) IN GENERAL.—The employer shall at-
test that the employer— 
‘‘(i) conducted adequate recruitment 
in the area of intended employment before 
filing the attestation; and 
‘‘(ii) was unsuccessful in locating 
qualified United States workers for the job 
opportunity for which the certification is 
sought. 
‘‘(B) SATISFACTION OF RECRUITMENT.— 
The adequate recruitment requirement under 
subparagraph (A) is satisfied if the employer— 
‘‘(i) places a job order with America’s 
Job Bank Program of the Department of 
Labor; and 
‘‘(ii) places a Sunday advertisement in 
a newspaper of general circulation. 
‘‘(C) ADVERTISEMENT CRITERIA.—The ad-
vertisement requirement under subparagraph 
(B)(ii) is satisfied if the advertisement— 
‘‘(i) names the employer; 
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‘‘(ii) directs applicants to report or 
send resumes, as appropriate for the occu-
pation, to the employer; 
‘‘(iii) provides a description of the va-
cancy that is specific enough to apprise 
United States workers of the job oppor-
tunity for which certification is sought; 
‘‘(iv) describes the geographic area 
with enough specificity to apprise appli-
cants of any travel requirements and where 
applicants will likely have to reside to per-
form the job; 
‘‘(v) states the rate of pay, which 
must equal or exceed the wage paid for the 
occupation in the area of intended employ-
ment; and 
‘‘(vi) offers wages, terms, and condi-
tions of employment, which are at least as 
favorable as those offered to the alien. 
‘‘(4) OFFERS TO UNITED STATES WORKERS.— 
The employer has offered or will offer the job for 
which the nonimmigrant is, or the nonimmigrants 
are, sought to any eligible United States worker who 
applies and is equally or better qualified for the job 
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