562 
(1) LIMITATION
TO
REVIEW
OF
REMOVAL.— 
There shall be judicial review of such a determina-
tion only in the judicial review of an order of re-
moval under section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252). 
(2) STANDARD FOR JUDICIAL REVIEW.—Such 
judicial review shall be based solely upon the admin-
istrative record established at the time of the review 
by the appellate authority and the findings of fact 
and determinations contained in such record shall be 
conclusive unless the applicant can establish abuse 
of discretion or that the findings are directly con-
trary to clear and convincing facts contained in the 
record considered as a whole. 
SEC. 649. USE OF INFORMATION. 
Beginning not later than the first day of the applica-
tion period described in section 643(a)(2), the Secretary, 
in cooperation with qualified designated entities (as that 
term is defined in section 646(b)), shall broadly dissemi-
nate information respecting the benefits that aliens may 
receive under this subtitle and the requirements that an 
alien is required to meet to receive such benefits. 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00562
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
563 
SEC. 650. REGULATIONS, EFFECTIVE DATE, AUTHORIZA-
TION OF APPROPRIATIONS. 
(a) REGULATIONS.—The Secretary shall issue regula-
tions to implement this subtitle not later than the first 
day of the seventh month that begins after the date of 
enactment of this Act. 
(b) EFFECTIVE DATE.—This subtitle shall take effect 
on the date that regulations required by subsection (a) are 
issued, regardless of whether such regulations are issued 
on an interim basis or on any other basis. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary to implement this subtitle, in-
cluding any sums needed for costs associated with the ini-
tiation of such implementation, for fiscal years 2007 and 
2008. 
Subchapter B—Correction of Social Security 
Records 
SEC. 651. CORRECTION OF SOCIAL SECURITY RECORDS. 
(a) IN GENERAL.—Section 208(e)(1) of the Social 
Security Act (42 U.S.C. 408(e)(1)) is amended— 
(1) in subparagraph (B)(ii), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by inserting ‘‘or’’ at 
the end; 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00563
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
564 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) who is granted blue card status under the 
Agricultural Job Opportunity, Benefits, and Security 
Act of 2007,’’; and 
(4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 
in the case of an alien described in subparagraph 
(D), if such conduct is alleged to have occurred be-
fore the date on which the alien was granted blue 
card status.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the first day of the sev-
enth month that begins after the date of the enactment 
of this Act. 
CHAPTER 2—REFORM OF H–2A WORKER 
PROGRAM 
SEC. 652. AMENDMENT TO THE IMMIGRATION AND NATION-
ALITY ACT. 
(a) IN GENERAL.—Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
striking section 218 and inserting the following: 
‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. 
‘‘(a) 
APPLICATIONS
TO
THE
SECRETARY
OF 
LABOR.— 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00564
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
565 
‘‘(1) IN GENERAL.—No alien may be admitted 
to the United States as an H–2A worker, or other-
wise provided status as an H–2A worker, unless the 
employer has filed with the Secretary of Labor an 
application containing— 
‘‘(A) the assurances described in sub-
section (b); 
‘‘(B) a description of the nature and loca-
tion of the work to be performed; 
‘‘(C) the anticipated period (expected be-
ginning and ending dates) for which the work-
ers will be needed; and 
‘‘(D) the number of job opportunities in 
which the employer seeks to employ the work-
ers. 
‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap-
plication filed under paragraph (1) shall be accom-
panied by a copy of the job offer describing the 
wages and other terms and conditions of employ-
ment and the bona fide occupational qualifications 
that shall be possessed by a worker to be employed 
in the job opportunity in question. 
‘‘(b) ASSURANCES
FOR INCLUSION
IN APPLICA-
TIONS.—The assurances referred to in subsection (a)(1) 
are the following: 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00565
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
566 
‘‘(1) JOB
OPPORTUNITIES
COVERED
BY
COL-
LECTIVE BARGAINING AGREEMENTS.—With respect 
to a job opportunity that is covered under a collec-
tive bargaining agreement: 
‘‘(A) UNION CONTRACT DESCRIBED.—The 
job opportunity is covered by a union contract 
which was negotiated at arm’s length between a 
bona fide union and the employer. 
‘‘(B) STRIKE OR LOCKOUT.—The specific 
job opportunity for which the employer is re-
questing an H–2A worker is not vacant because 
the former occupant is on strike or being locked 
out in the course of a labor dispute. 
‘‘(C) NOTIFICATION OF BARGAINING REP-
RESENTATIVES.—The employer, at the time of 
filing the application, has provided notice of the 
filing under this paragraph to the bargaining 
representative of the employer’s employees in 
the occupational classification at the place or 
places of employment for which aliens are 
sought. 
‘‘(D) TEMPORARY OR SEASONAL JOB OP-
PORTUNITIES.—The job opportunity is tem-
porary or seasonal. 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00566
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
567 
‘‘(E) OFFERS TO UNITED STATES WORK-
ERS.—The employer has offered or will offer 
the job to any eligible United States worker 
who applies and is equally or better qualified 
for the job for which the nonimmigrant is, or 
the nonimmigrants are, sought and who will be 
available at the time and place of need. 
‘‘(F) PROVISION
OF
INSURANCE.—If the 
job opportunity is not covered by the State 
workers’ compensation law, the employer will 
provide, at no cost to the worker, insurance cov-
ering injury and disease arising out of, and in 
the course of, the worker’s employment which 
will provide benefits at least equal to those pro-
vided under the State’s workers’ compensation 
law for comparable employment. 
‘‘(2) JOB
OPPORTUNITIES
NOT
COVERED
BY 
COLLECTIVE BARGAINING AGREEMENTS.—With re-
spect to a job opportunity that is not covered under 
a collective bargaining agreement: 
‘‘(A) STRIKE OR LOCKOUT.—The specific 
job opportunity for which the employer has ap-
plied for an H–2A worker is not vacant because 
the former occupant is on strike or being locked 
out in the course of a labor dispute. 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00567
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
568 
‘‘(B) TEMPORARY OR SEASONAL JOB OP-
PORTUNITIES.—The job opportunity is tem-
porary or seasonal. 
‘‘(C) BENEFIT, WAGE, AND WORKING CON-
DITIONS.—The employer will provide, at a min-
imum, the benefits, wages, and working condi-
tions required by section 218A to all workers 
employed in the job opportunities for which the 
employer has applied for an H–2A worker 
under subsection (a) and to all other workers in 
the same occupation at the place of employ-
ment. 
‘‘(D) 
NONDISPLACEMENT
OF
UNITED 
STATES WORKERS.—The employer did not dis-
place and will not displace a United States 
worker employed by the employer during the 
period of employment and for a period of 30 
days preceding the period of employment in the 
occupation at the place of employment for 
which the employer has applied for an H–2A 
worker. 
‘‘(E) REQUIREMENTS FOR PLACEMENT OF 
THE
NONIMMIGRANT
WITH
OTHER
EMPLOY-
ERS.—The employer will not place the non-
immigrant with another employer unless— 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00568
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
569 
‘‘(i) the nonimmigrant performs du-
ties in whole or in part at 1 or more work-
sites owned, operated, or controlled by 
such other employer; 
‘‘(ii) there are indicia of an employ-
ment 
relationship 
between 
the 
non-
immigrant and such other employer; and 
‘‘(iii) the employer has inquired of the 
other employer as to whether, and has no 
actual knowledge or notice that, during the 
period of employment and for a period of 
30 days preceding the period of employ-
ment, the other employer has displaced or 
intends to displace a United States worker 
employed by the other employer in the oc-
cupation at the place of employment for 
which the employer seeks approval to em-
ploy H–2A workers. 
‘‘(F) STATEMENT OF LIABILITY.—The ap-
plication form shall include a clear statement 
explaining the liability under subparagraph (E) 
of an employer if the other employer described 
in such subparagraph displaces a United States 
worker as described in such subparagraph. 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00569
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
570 
‘‘(G) PROVISION
OF
INSURANCE.—If the 
job opportunity is not covered by the State 
workers’ compensation law, the employer will 
provide, at no cost to the worker, insurance cov-
ering injury and disease arising out of and in 
the course of the worker’s employment which 
will provide benefits at least equal to those pro-
vided under the State’s workers’ compensation 
law for comparable employment. 
‘‘(H) EMPLOYMENT
OF
UNITED
STATES 
WORKERS.— 
‘‘(i) RECRUITMENT.—The employer 
has taken or will take the following steps 
to recruit United States workers for the 
job opportunities for which the H–2A non-
immigrant is, or H–2A nonimmigrants are, 
sought: 
‘‘(I) 
CONTACTING
FORMER 
WORKERS.—The employer shall make 
reasonable efforts through the sending 
of a letter by United States Postal 
Service mail, or otherwise, to contact 
any United States worker the em-
ployer employed during the previous 
season in the occupation at the place 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00570
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
571 
of intended employment for which the 
employer is applying for workers and 
has made the availability of the em-
ployer’s job opportunities in the occu-
pation at the place of intended em-
ployment known to such previous 
workers, unless the worker was termi-
nated from employment by the em-
ployer for a lawful job-related reason 
or abandoned the job before the work-
er completed the period of employ-
ment of the job opportunity for which 
the worker was hired. 
‘‘(II) FILING A JOB OFFER WITH 
THE
LOCAL
OFFICE
OF
THE
STATE 
EMPLOYMENT
SECURITY
AGENCY.— 
Not later than 28 days before the 
date on which the employer desires to 
employ an H–2A worker in a tem-
porary or seasonal agricultural job op-
portunity, the employer shall submit a 
copy of the job offer described in sub-
section (a)(2) to the local office of the 
State employment security agency 
which serves the area of intended em-
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00571
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
572 
ployment and authorize the posting of 
the job opportunity on ‘America’s Job 
Bank’ or other electronic job registry, 
except that nothing in this subclause 
shall require the employer to file an 
interstate job order under section 653 
of title 20, Code of Federal Regula-
tions. 
‘‘(III) ADVERTISING OF JOB OP-
PORTUNITIES.—Not later than 14 
days before the date on which the em-
ployer desires to employ an H–2A 
worker in a temporary or seasonal ag-
ricultural job opportunity, the em-
ployer shall advertise the availability 
of the job opportunities for which the 
employer is seeking workers in a pub-
lication in the local labor market that 
is likely to be patronized by potential 
farm workers. 
‘‘(IV) 
EMERGENCY
PROCE-
DURES.—The 
Secretary 
of 
Labor 
shall, by regulation, provide a proce-
dure for acceptance and approval of 
applications in which the employer 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00572
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
573 
has not complied with the provisions 
of this subparagraph because the em-
ployer’s need for H–2A workers could 
not reasonably have been foreseen. 
‘‘(ii) JOB OFFERS.—The employer has 
offered or will offer the job to any eligible 
United States worker who applies and is 
equally or better qualified for the job for 
which the nonimmigrant is, or non-
immigrants are, sought and who will be 
available at the time and place of need. 
‘‘(iii) PERIOD OF EMPLOYMENT.—The 
employer will provide employment to any 
qualified United States worker who applies 
to the employer during the period begin-
ning on the date on which the H–2A work-
er departs for the employer’s place of em-
ployment and ending on the date on which 
50 percent of the period of employment for 
which the H–2A worker who is in the job 
was hired has elapsed, subject to the fol-
lowing requirements: 
‘‘(I) PROHIBITION.—No person 
or entity shall willfully and knowingly 
withhold United States workers before 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00573
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
574 
the arrival of H–2A workers in order 
to force the hiring of United States 
workers under this clause. 
‘‘(II) COMPLAINTS.—Upon re-
ceipt of a complaint by an employer 
that a violation of subclause (I) has 
occurred, the Secretary of Labor shall 
immediately investigate. The Sec-
retary of Labor shall, within 36 hours 
of the receipt of the complaint, issue 
findings concerning the alleged viola-
tion. If the Secretary of Labor finds 
that a violation has occurred, the Sec-
retary of Labor shall immediately sus-
pend the application of this clause 
with respect to that certification for 
that date of need. 
‘‘(III) PLACEMENT
OF
UNITED 
STATES
WORKERS.—Before referring 
a United States worker to an em-
ployer during the period described in 
the matter preceding subclause (I), 
the Secretary of Labor shall make all 
reasonable efforts to place the United 
States worker in an open job accept-
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00574
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS