‘‘(iv) whether any changes are war-
ranted in the current methodologies for 
calculating the adverse effect wage rate 
and the prevailing wage; and 
‘‘(v) recommendations for future wage 
protection under this section. 
‘‘(H) COMMISSION
ON
WAGE
STAND-
ARDS.— 
‘‘(i) ESTABLISHMENT.—There is es-
tablished the Commission on Agricultural 
Wage Standards under the H–2A program 
(in this subparagraph referred to as the 
‘Commission’). 
‘‘(ii) COMPOSITION.—The Commission 
shall consist of 10 members as follows: 
‘‘(I) 4 representatives of agricul-
tural employers and 1 representative 
of the Department of Agriculture, 
each appointed by the Secretary of 
Agriculture. 
‘‘(II) 4 representatives of agricul-
tural workers and 1 representative of 
the Department of Labor, each ap-
pointed by the Secretary of Labor.
‘‘(iii) FUNCTIONS.—The Commission 
shall conduct a study that shall address— 
‘‘(I) whether the employment of 
H–2A or unauthorized aliens in the 
United States agricultural workforce 
has depressed United States farm 
worker wages below the levels that 
would otherwise have prevailed if alien 
farm workers had not been employed 
in the United States; 
‘‘(II) whether an adverse effect 
wage rate is necessary to prevent 
wages of United States farm workers 
in occupations in which H–2A work-
ers are employed from falling below 
the wage levels that would have pre-
vailed in the absence of the employ-
ment of H–2A workers in those occu-
pations; 
‘‘(III) whether alternative wage 
standards, such as a prevailing wage 
standard, would be sufficient to pre-
vent wages in occupations in which 
H–2A workers are employed from fall-
ing below the wage level that would
have prevailed in the absence of H–2A 
employment; 
‘‘(IV) whether any changes are 
warranted in the current methodolo-
gies for calculating the adverse effect 
wage rate and the prevailing wage 
rate; and 
‘‘(V) recommendations for future 
wage protection under this section. 
‘‘(iv) FINAL REPORT.—Not later than 
June 1, 2007, the Commission shall sub-
mit a report to the Congress setting forth 
the findings of the study conducted under 
clause (iii). 
‘‘(v) TERMINATION DATE.—The Com-
mission shall terminate upon submitting 
its final report. 
‘‘(4) GUARANTEE OF EMPLOYMENT.— 
‘‘(A) OFFER TO WORKER.—The employer 
shall guarantee to offer the worker employment 
for the hourly equivalent of at least three- 
fourths of the work days of the total period of 
employment, beginning with the first work day 
after the arrival of the worker at the place of 
employment and ending on the expiration date
specified in the job offer. For purposes of this 
subparagraph, the hourly equivalent means the 
number of hours in the work days as stated in 
the job offer and shall exclude the worker’s 
Sabbath and Federal holidays. If the employer 
affords the United States or H–2A worker less 
employment than that required under this para-
graph, the employer shall pay such worker the 
amount which the worker would have earned 
had the worker, in fact, worked for the guaran-
teed number of hours. 
‘‘(B) FAILURE
TO
WORK.—Any hours 
which the worker fails to work, up to a max-
imum of the number of hours specified in the 
job offer for a work day, when the worker has 
been offered an opportunity to do so, and all 
hours of work actually performed (including vol-
untary work in excess of the number of hours 
specified in the job offer in a work day, on the 
worker’s Sabbath, or on Federal holidays) may 
be counted by the employer in calculating 
whether the period of guaranteed employment 
has been met. 
‘‘(C) ABANDONMENT
OF
EMPLOYMENT, 
TERMINATION FOR CAUSE.—If the worker vol-
untarily abandons employment before the end 
of the contract period, or is terminated for 
cause, the worker is not entitled to the ‘three- 
fourths guarantee’ described in subparagraph 
(A). 
‘‘(D) CONTRACT
IMPOSSIBILITY.—If, be-
fore the expiration of the period of employment 
specified in the job offer, the services of the 
worker are no longer required for reasons be-
yond the control of the employer due to any 
form of natural disaster, including but not lim-
ited to a flood, hurricane, freeze, earthquake, 
fire, drought, plant or animal disease or pest in-
festation, or regulatory drought, before the 
guarantee in subparagraph (A) is fulfilled, the 
employer may terminate the worker’s employ-
ment. In the event of such termination, the em-
ployer shall fulfill the employment guarantee in 
subparagraph (A) for the work days that have 
elapsed from the first work day after the arrival 
of the worker to the termination of employ-
ment. In such cases, the employer will make ef-
forts to transfer the United States worker to 
other comparable employment acceptable to the 
worker. If such transfer is not effected, the em-
ployer shall provide the return transportation 
required in paragraph (2)(D). 
‘‘(5) MOTOR VEHICLE SAFETY.— 
‘‘(A) MODE OF TRANSPORTATION SUBJECT 
TO COVERAGE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clauses (iii) and (iv), this sub-
section applies to any H–2A employer that 
uses or causes to be used any vehicle to 
transport an H–2A worker within the 
United States. 
‘‘(ii) DEFINED TERM.—In this para-
graph, the term ‘uses or causes to be 
used’— 
‘‘(I) applies only to transpor-
tation provided by an H–2A employer 
to an H–2A worker, or by a farm 
labor contractor to an H–2A worker 
at the request or direction of an H– 
2A employer; and 
‘‘(II) does not apply to— 
‘‘(aa) 
transportation 
pro-
vided, or transportation arrange-
ments made, by an H–2A work-
er, unless the employer specifi-
cally requested or arranged such 
transportation; or 
‘‘(bb) car pooling arrange-
ments made by H–2A workers 
themselves, using 1 of the work-
ers’ own vehicles, unless specifi-
cally requested by the employer 
directly or through a farm labor 
contractor. 
‘‘(iii) CLARIFICATION.—Providing a 
job offer to an H–2A worker that causes 
the worker to travel to or from the place 
of employment, or the payment or reim-
bursement of the transportation costs of 
an H–2A worker by an H–2A employer, 
shall not constitute an arrangement of, or 
participation in, such transportation. 
‘‘(iv) AGRICULTURAL MACHINERY AND 
EQUIPMENT
EXCLUDED.—This subsection 
does not apply to the transportation of an 
H–2A worker on a tractor, combine, har-
vester, picker, or other similar machinery 
or equipment while such worker is actually 
engaged in the planting, cultivating, or 
harvesting of agricultural commodities or
the care of livestock or poultry or engaged 
in transportation incidental thereto. 
‘‘(v) 
COMMON
CARRIERS
EX-
CLUDED.—This subsection does not apply 
to common carrier motor vehicle transpor-
tation in which the provider holds itself out 
to the general public as engaging in the 
transportation of passengers for hire and 
holds a valid certification of authorization 
for such purposes from an appropriate 
Federal, State, or local agency. 
‘‘(B) APPLICABILITY OF STANDARDS, LI-
CENSING, AND INSURANCE REQUIREMENTS.— 
‘‘(i) IN
GENERAL.—When using, or 
causing to be used, any vehicle for the pur-
pose of providing transportation to which 
this subparagraph applies, each employer 
shall— 
‘‘(I) ensure that each such vehi-
cle conforms to the standards pre-
scribed by the Secretary of Labor 
under section 401(b) of the Migrant 
and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1841(b))
and other applicable Federal and 
State safety standards; 
‘‘(II) ensure that each driver has 
a valid and appropriate license, as 
provided by State law, to operate the 
vehicle; and 
‘‘(III) have an insurance policy 
or a liability bond that is in effect 
which insures the employer against li-
ability for damage to persons or prop-
erty arising from the ownership, oper-
ation, or causing to be operated, of 
any vehicle used to transport any H– 
2A worker. 
‘‘(ii) AMOUNT
OF
INSURANCE
RE-
QUIRED.—The level of insurance required 
shall be determined by the Secretary of 
Labor pursuant to regulations to be issued 
under this subsection. 
‘‘(iii) EFFECT
OF
WORKERS’ COM-
PENSATION
COVERAGE.—If the employer 
of any H–2A worker provides workers’ 
compensation coverage for such worker in 
the case of bodily injury or death as pro-
vided by State law, the following adjust-
ments in the requirements of subparagraph 
(B)(i)(III) relating to having an insurance 
policy or liability bond apply: 
‘‘(I) No insurance policy or liabil-
ity bond shall be required of the em-
ployer, if such workers are trans-
ported only under circumstances for 
which there is coverage under such 
State law. 
‘‘(II) An insurance policy or li-
ability bond shall be required of the 
employer for circumstances under 
which coverage for the transportation 
of such workers is not provided under 
such State law. 
‘‘(c) COMPLIANCE WITH LABOR LAWS.—An em-
ployer shall assure that, except as otherwise provided in 
this section, the employer will comply with all applicable 
Federal, State, and local labor laws, including laws affect-
ing migrant and seasonal agricultural workers, with re-
spect to all United States workers and alien workers em-
ployed by the employer, except that a violation of this as-
surance shall not constitute a violation of the Migrant and 
Seasonal Agricultural Worker Protection Act (29 U.S.C. 
1801 et seq.).
‘‘(d) COPY OF JOB OFFER.—The employer shall pro-
vide to the worker, not later than the day the work com-
mences, a copy of the employer’s application and job offer 
described in section 218(a), or, if the employer will require 
the worker to enter into a separate employment contract 
covering the employment in question, such separate em-
ployment contract. 
‘‘(e) RANGE PRODUCTION OF LIVESTOCK.—Nothing 
in this section, section 218, or section 218B shall preclude 
the Secretary of Labor and the Secretary from continuing 
to apply special procedures and requirements to the ad-
mission and employment of aliens in occupations involving 
the range production of livestock. 
‘‘PROCEDURE FOR ADMISSION AND EXTENSION OF STAY 
OF H–2A WORKERS 
‘‘SEC. 218B. (a) PETITIONING FOR ADMISSION.—An 
employer, or an association acting as an agent or joint 
employer for its members, that seeks the admission into 
the United States of an H–2A worker may file a petition 
with the Secretary. The petition shall be accompanied by 
an accepted and currently valid certification provided by 
the Secretary of Labor under section 218(e)(2)(B) cov-
ering the petitioner. 
‘‘(b) EXPEDITED
ADJUDICATION
BY
THE
SEC-
RETARY.—The Secretary shall establish a procedure for 
expedited adjudication of petitions filed under subsection
(a) and within 7 working days shall, by fax, cable, or other 
means assuring expedited delivery, transmit a copy of no-
tice of action on the petition to the petitioner and, in the 
case of approved petitions, to the appropriate immigration 
officer at the port of entry or United States consulate (as 
the case may be) where the petitioner has indicated that 
the alien beneficiary (or beneficiaries) will apply for a visa 
or admission to the United States. 
‘‘(c) CRITERIA FOR ADMISSIBILITY.— 
‘‘(1) IN GENERAL.—An H–2A worker shall be 
considered admissible to the United States if the 
alien is otherwise admissible under this section, sec-
tion 218, and section 218A, and the alien is not in-
eligible under paragraph (2). 
‘‘(2) DISQUALIFICATION.—An alien shall be 
considered inadmissible to the United States and in-
eligible for nonimmigrant status under section 
101(a)(15)(H)(ii)(a) if the alien has, at any time 
during the past 5 years— 
‘‘(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 under this section 
has expired; or
‘‘(B) otherwise violated a term or condition 
of admission into the United States as a non-
immigrant, including overstaying the period of 
authorized admission as such a nonimmigrant. 
‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW-
FUL PRESENCE.— 
‘‘(A) IN GENERAL.—An alien who has not 
previously been admitted into the United States 
pursuant to this section, and who is otherwise 
eligible for admission in accordance with para-
graphs (1) and (2), shall not be deemed inad-
missible by virtue of section 212(a)(9)(B). If an 
alien described in the preceding sentence is 
present in the United States, the alien may 
apply from abroad for H–2A status, but may 
not be granted that status in the United States. 
‘‘(B) 
MAINTENANCE
OF
WAIVER.—An 
alien provided an initial waiver of ineligibility 
pursuant to subparagraph (A) shall remain eli-
gible for such waiver unless the alien violates 
the terms of this section or again becomes ineli-
gible under section 212(a)(9)(B) by virtue of 
unlawful presence in the United States after 
the date of the initial waiver of ineligibility pur-
suant to subparagraph (A).
‘‘(d) PERIOD OF ADMISSION.— 
‘‘(1) IN GENERAL.—The alien shall be admitted 
for the period of employment in the application cer-
tified by the Secretary of Labor pursuant to section 
218(e)(2)(B), not to exceed 10 months, supple-
mented by a period of not more than 1 week before 
the beginning of the period of employment for the 
purpose of travel to the work site and a period of 
14 days following the period of employment for the 
purpose of departure or extension based on a subse-
quent offer of employment, except that— 
‘‘(A) the alien is not authorized to be em-
ployed during such 14-day period except in the 
employment for which the alien was previously 
authorized; and 
‘‘(B) the total period of employment, in-
cluding such 14-day period, may not exceed 10 
months. 
‘‘(2) CONSTRUCTION.—Nothing in this sub-
section shall limit the authority of the Secretary to 
extend the stay of the alien under any other provi-
sion of this Act. 
‘‘(e) ABANDONMENT OF EMPLOYMENT.— 
‘‘(1) IN GENERAL.—An alien admitted or pro-
vided status under section 101(a)(15)(H)(ii)(a) who
abandons the employment which was the basis for 
such admission or status shall be considered to have 
failed to maintain nonimmigrant status as an H–2A 
worker and shall depart the United States or be sub-
ject to removal under section 237(a)(1)(C)(i). 
‘‘(2) REPORT BY EMPLOYER.—The employer, or 
association acting as agent for the employer, shall 
notify the Secretary not later than 7 days after an 
H–2A worker prematurely abandons employment. 
‘‘(3) REMOVAL BY THE SECRETARY.—The Sec-
retary shall promptly remove from the United States 
any H–2A worker who violates any term or condi-
tion of the worker’s nonimmigrant status. 
‘‘(4) 
VOLUNTARY
TERMINATION.—Notwith-
standing paragraph (1), an alien may voluntarily 
terminate his or her employment if the alien prompt-
ly departs the United States upon termination of 
such employment. 
‘‘(f) REPLACEMENT OF ALIEN.— 
‘‘(1) IN GENERAL.—Upon presentation of the 
notice to the Secretary required by subsection (e)(2), 
the Secretary of State shall promptly issue a visa to, 
and the Secretary shall admit into the United 
States, an eligible alien designated by the employer 
to replace an H–2A worker—
‘‘(A) who abandons or prematurely termi-
nates employment; or 
‘‘(B) whose employment is terminated 
after a United States worker is employed pur-
suant to section 218(b)(2)(H)(iii), if the United 
States worker voluntarily departs before the 
end of the period of intended employment or if 
the employment termination is for a lawful job- 
related reason. 
‘‘(2) CONSTRUCTION.—Nothing in this sub-
section is intended to limit any preference required 
to be accorded United States workers under any 
other provision of this Act. 
‘‘(g) IDENTIFICATION DOCUMENT.— 
‘‘(1) IN GENERAL.—Each alien authorized to be 
admitted under section 101(a)(15)(H)(ii)(a) shall be 
provided an identification and employment eligibility 
document to verify eligibility for employment in the 
United States and verify such person’s proper iden-
tity. 
‘‘(2) REQUIREMENTS.—No identification and 
employment eligibility document may be issued 
which does not meet the following requirements: 
‘‘(A) The document shall be capable of re-
liably determining whether—
‘‘(i) the individual with the identifica-
tion and employment eligibility document 
whose eligibility is being verified is in fact 
eligible for employment; 
‘‘(ii) the individual whose eligibility is 
being verified is claiming the identity of 
another person; and 
‘‘(iii) the individual whose eligibility is 
being verified is authorized to be admitted 
into, and employed in, the United States 
as an H–2A worker. 
‘‘(B) The document shall be in a form that 
is resistant to counterfeiting and to tampering. 
‘‘(C) The document shall— 
‘‘(i) be compatible with other data-
bases of the Secretary for the purpose of 
excluding aliens from benefits for which 
they are not eligible and determining 
whether the alien is unlawfully present in 
the United States; and 
‘‘(ii) be compatible with law enforce-
ment databases to determine if the alien 
has been convicted of criminal offenses. 
‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN THE 
UNITED STATES.—
‘‘(1) EXTENSION
OF
STAY.—If an employer 
seeks approval to employ an H–2A alien who is law-
fully present in the United States, the petition filed 
by the employer or an association pursuant to sub-
section (a), shall request an extension of the alien’s 
stay and a change in the alien’s employment. 
‘‘(2) LIMITATION ON FILING A PETITION FOR 
EXTENSION OF STAY.—A petition may not be filed 
for an extension of an alien’s stay— 
‘‘(A) for a period of more than 10 months; 
or 
‘‘(B) to a date that is more than 3 years 
after the date of the alien’s last admission to 
the United States under this section. 
‘‘(3) WORK
AUTHORIZATION
UPON
FILING
A 
PETITION FOR EXTENSION OF STAY.— 
‘‘(A) IN GENERAL.—An alien who is law-
fully present in the United States may com-
mence the employment described in a petition 
under paragraph (1) on the date on which the 
petition is filed. 
‘‘(B) DEFINITION.—For purposes of sub-
paragraph (A), the term ‘file’ means sending 
the petition by certified mail via the United 
States Postal Service, return receipt requested,
or delivered by guaranteed commercial delivery 
which will provide the employer with a docu-
mented acknowledgment of the date of receipt 
of the petition. 
‘‘(C) HANDLING OF PETITION.—The em-
ployer shall provide a copy of the employer’s pe-
tition to the alien, who shall keep the petition 
with the alien’s identification and employment 
eligibility document as evidence that the peti-
tion has been filed and that the alien is author-
ized to work in the United States. 
‘‘(D) APPROVAL OF PETITION.—Upon ap-
proval of a petition for an extension of stay or 
change in the alien’s authorized employment, 
the Secretary shall provide a new or updated 
employment eligibility document to the alien in-
dicating the new validity date, after which the 
alien is not required to retain a copy of the pe-
tition. 
‘‘(4) LIMITATION ON EMPLOYMENT AUTHORIZA-
TION OF ALIENS WITHOUT VALID IDENTIFICATION 
AND EMPLOYMENT ELIGIBILITY DOCUMENT.—An ex-
pired identification and employment eligibility docu-
ment, together with a copy of a petition for exten-
sion of stay or change in the alien’s authorized em-
ployment that complies with the requirements of 
paragraph (1), shall constitute a valid work author-
ization document for a period of not more than 60 
days beginning on the date on which such petition 
is filed, after which time only a currently valid iden-
tification and employment eligibility document shall 
be acceptable. 
‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN 
STATUS.— 
‘‘(A) MAXIMUM
PERIOD.—The maximum 
continuous period of authorized status as an 
H–2A worker (including any extensions) is 3 
years. 
‘‘(B) REQUIREMENT TO REMAIN OUTSIDE 
THE UNITED STATES.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), in the case of an alien outside the 
United States whose period of authorized 
status as an H–2A worker (including any 
extensions) has expired, the alien may not 
again apply for admission to the United 
States as an H–2A worker unless the alien 
has remained outside the United States for 
a continuous period equal to at least 1⁄5 
the duration of the alien’s previous period
of authorized status as an H–2A worker 
(including any extensions). 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply in the case of an alien if the 
alien’s period of authorized status as an 
H–2A worker (including any extensions) 
was for a period of not more than 10 
months and such alien has been outside 
the United States for at least 2 months 
during the 12 months preceding the date 
the alien again is applying for admission to 
the United States as an H–2A worker. 
‘‘(i) SPECIAL RULES
FOR ALIENS EMPLOYED
AS 
SHEEPHERDERS.—Notwithstanding any provision of the 
Agricultural Job Opportunity, Benefits, and Security Act 
of 
2005, 
aliens 
admitted 
under 
section 
101(a)(15)(H)(ii)(a) for employment as sheepherders— 
‘‘(1) may be admitted for a period of 12 
months; 
‘‘(2) may be extended for a continuous period 
of up to 3 years; and 
‘‘(3) shall not be subject to the requirements of 
subsection (h)(5) relating to periods of absence from 
the United States.
‘‘WORKER PROTECTIONS AND LABOR STANDARDS 
ENFORCEMENT 
‘‘SEC. 218C. (a) ENFORCEMENT AUTHORITY.— 
‘‘(1) INVESTIGATION OF COMPLAINTS.— 
‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY 
COMPLAINTS.—The Secretary of Labor shall es-
tablish a process for the receipt, investigation, 
and disposition of complaints respecting a peti-
tioner’s failure to meet a condition specified in 
section 218(b), or an employer’s misrepresenta-
tion of material facts in an application under 
section 218(a). Complaints may be filed by any 
aggrieved person or organization (including bar-
gaining representatives). No investigation or 
hearing shall be conducted on a complaint con-
cerning such a failure or misrepresentation un-
less the complaint was filed not later than 12 
months after the date of the failure, or mis-
representation, respectively. The Secretary of 
Labor shall conduct an investigation under this 
subparagraph if there is reasonable cause to be-
lieve that such a failure or misrepresentation 
has occurred. 
‘‘(B) DETERMINATION
ON
COMPLAINT.— 
Under such process, the Secretary of Labor
shall provide, within 30 days after the date 
such a complaint is filed, for a determination as 
to whether or not a reasonable basis exists to 
make a finding described in subparagraph (C), 
(D), (E), or (H). If the Secretary of Labor de-
termines that such a reasonable basis exists, 
the Secretary of Labor shall provide for notice 
of such determination to the interested parties 
and an opportunity for a hearing on the com-
plaint, in accordance with section 556 of title 5, 
United States Code, within 60 days after the 
date of the determination. If such a hearing is 
requested, the Secretary of Labor shall make a 
finding concerning the matter not later than 60 
days after the date of the hearing. In the case 
of similar complaints respecting the same appli-
cant, the Secretary of Labor may consolidate 
the hearings under this subparagraph on such 
complaints. 
‘‘(C) FAILURES TO MEET CONDITIONS.—If 
the Secretary of Labor finds, after notice and 
opportunity for a hearing, a failure to meet a 
condition of paragraph (1)(A), (1)(B), (1)(D), 
(1)(F), (2)(A), (2)(B), or (2)(G) of section 
218(b), a substantial failure to meet a condition