611 
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 
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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, GOAT HERDERS, OR DAIRY WORK-
ERS.—Notwithstanding any provision of the Agricultural 
Job Opportunities, Benefits, and Security Act of 2007, an 
alien admitted under section 101(a)(15)(H)(ii)(a) for em-
ployment as a sheepherder, goat herder, or dairy worker— 
‘‘(1) may be admitted for an initial period of 12 
months; 
‘‘(2) subject to subsection (j)(5), may have such 
initial period of admission extended for a period of 
up to 3 years; and 
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‘‘(3) shall not be subject to the requirements of 
subsection (h)(5) (relating to periods of absence 
from the United States). 
‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT RESI-
DENT
STATUS
FOR
ALIENS
EMPLOYED
AS
SHEEP-
HERDERS, GOAT HERDERS, OR DAIRY WORKERS.— 
‘‘(1) ELIGIBLE ALIEN.—For purposes of this 
subsection, the term ‘eligible alien’ means an alien— 
‘‘(A) having nonimmigrant status under 
section 101(a)(15)(H)(ii)(a) based on employ-
ment as a sheepherder, goat herder, or dairy 
worker; 
‘‘(B) who has maintained such non-
immigrant status in the United States for a cu-
mulative total of 36 months (excluding any pe-
riod of absence from the United States); and 
‘‘(C) who is seeking to receive an immi-
grant visa under section 203(b)(3)(A)(iii). 
‘‘(2) CLASSIFICATION PETITION.—In the case 
of an eligible alien, the petition under section 204 
for classification under section 203(b)(3)(A)(iii) may 
be filed by— 
‘‘(A) the alien’s employer on behalf of the 
eligible alien; or 
‘‘(B) the eligible alien. 
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‘‘(3) NO LABOR CERTIFICATION REQUIRED.— 
Notwithstanding section 203(b)(3)(C), no deter-
mination under section 212(a)(5)(A) is required with 
respect to an immigrant visa described in paragraph 
(1)(C) for an eligible alien. 
‘‘(4) EFFECT OF PETITION.—The filing of a pe-
tition described in paragraph (2) or an application 
for adjustment of status based on the approval of 
such a petition shall not constitute evidence of an 
alien’s ineligibility for nonimmigrant status under 
section 101(a)(15)(H)(ii)(a). 
‘‘(5) EXTENSION
OF
STAY.—The Secretary 
shall extend the stay of an eligible alien having a 
pending or approved classification petition described 
in paragraph (2) in 1-year increments until a final 
determination is made on the alien’s eligibility for 
adjustment of status to that of an alien lawfully ad-
mitted for permanent residence. 
‘‘(6) CONSTRUCTION.—Nothing in this sub-
section shall be construed to prevent an eligible alien 
from seeking adjustment of status in accordance 
with any other provision of law. 
‘‘SEC. 218C. WORKER PROTECTIONS AND LABOR STAND-
ARDS ENFORCEMENT. 
‘‘(a) ENFORCEMENT AUTHORITY.— 
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