132 
‘‘(p) IDENTIFICATION DOCUMENT.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall provide each authorized H–2A worker 
with a single machine-readable, tamper-resistant, 
and counterfeit-resistant document that— 
‘‘(A) authorizes the alien’s entry into the 
United States; 
‘‘(B) serves, for the appropriate period, as 
an employment eligibility document; and 
‘‘(C) verifies the identity of the alien. 
‘‘(2) FORM.— 
‘‘(A) The document shall be— 
‘‘(i) in a form that is resistant to 
counterfeiting and to tampering; and 
‘‘(ii) compatible with— 
‘‘(I) other databases of the Sec-
retary of Homeland Security for the 
purpose of excluding an alien from 
benefits for which an alien is not eligi-
ble and determining whether the alien 
is unlawfully present in the United 
States; and 
‘‘(II) law enforcement databases 
for the purpose of determining if an 
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133 
alien has been convicted of criminal 
offenses. 
‘‘(B) As soon as practicable, the document 
shall include a biometric identifier. The deter-
mination of a biometric identifier to be used for 
such purposes shall take into account factors 
such as efficiency, accuracy, the technology 
available, economic considerations, and storage 
requirements. 
‘‘(q) EXTENSION OF STAY OF H–2A WORKERS IN 
THE UNITED STATES.— 
‘‘(1) EXTENSION
OF
STAY.—If an employer 
seeks approval to employ an H–2A worker who is 
lawfully present in the United States, the petition 
filed by the employer or an association pursuant to 
subsection (p) shall request an extension of the 
alien’s stay and, if applicable, a change in the alien’s 
employment. 
‘‘(2) LIMITATION ON FILING PETITION FOR EX-
TENSION OF STAY.—A petition may not be filed for 
an extension of an alien’s stay for a period of more 
than 10 months. 
‘‘(3) WORK AUTHORIZATION UPON FILING PE-
TITION FOR EXTENSION OF STAY.— 
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‘‘(A) IN GENERAL.—An alien who is law-
fully present in the United States on the date 
of the filing of a petition to extend the stay of 
the alien may commence or continue the em-
ployment described in a petition under para-
graph (1). The employer shall provide a copy of 
the employer’s petition for extension of stay to 
the alien. The alien shall keep the petition with 
the alien’s identification and employment eligi-
bility document, as evidence that the petition 
has been filed and that the alien is authorized 
to work in the United States. 
‘‘(B) EMPLOYMENT
ELIGIBILITY
DOCU-
MENT.—Upon approval of a petition for an ex-
tension of stay or change in the alien’s author-
ized employment, the Secretary of Homeland 
Security shall provide a new or updated employ-
ment eligibility document to the alien indicating 
the new validity date, after which the alien is 
not required to retain a copy of the petition. 
‘‘(C) FILE DEFINED.—In this paragraph, 
the term ‘file’ means sending the petition by 
certified mail via the United States Postal Serv-
ice, return receipt requested, or delivering by 
guaranteed commercial delivery which will pro-
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vide the employer with a documented acknowl-
edgment of the date of receipt of the petition 
for an extension of stay. 
‘‘(4) 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 20 
months. 
‘‘(B) REQUIREMENT TO REMAINS 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 
Stats 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 
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