I 
115TH CONGRESS 
1ST SESSION H. R. 4092 
To create a nonimmigrant H–2C work visa program for agricultural workers, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 23, 2017 
Mr. GOODLATTE (for himself, Mr. MARSHALL, Mr. ARRINGTON, Mr. CRAMER, 
Mr. THOMPSON of Pennsylvania, Mr. DUFFY, Mr. ROUZER, Mr. BISHOP 
of Utah, Mr. GIBBS, Mr. GALLAGHER, and Mr. BARR) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Education and the Workforce, and 
Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To create a nonimmigrant H–2C work visa program for 
agricultural 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— 
(1) the ‘‘Agricultural Guestworker Act’’; or 
(2) the ‘‘AG Act’’. 
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SEC. 2. H–2C TEMPORARY AGRICULTURAL WORK VISA PRO-
GRAM. 
(a) IN GENERAL.—Section 101(a)(15)(H) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
is amended by striking ‘‘; or (iii)’’ and inserting ‘‘, or (c) 
having a residence in a foreign country which he has no 
intention of abandoning who is coming temporarily to the 
United States to perform agricultural labor or services; or 
(iii)’’. 
(b) DEFINITION.—Section 101(a) of such Act (8 
U.S.C. 1101(a)) is amended by adding at the end the fol-
lowing: 
‘‘(53) The term ‘agricultural labor or services’ has 
the meaning given such term by the Secretary of Agri-
culture in regulations and includes— 
‘‘(A) agricultural labor as defined in section 
3121(g) of the Internal Revenue Code of 1986; 
‘‘(B) agriculture as defined in section 3(f) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(f)); 
‘‘(C) the handling, planting, drying, packing, 
packaging, processing, freezing, or grading prior to 
delivery for storage of any agricultural or horti-
cultural commodity in its unmanufactured state; 
‘‘(D) all activities required for the preparation, 
processing or manufacturing of a product of agri-
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culture (as such term is defined in such section 3(f)) 
for further distribution; 
‘‘(E) forestry-related activities; 
‘‘(F) aquaculture activities; and 
‘‘(G) the primary processing of fish or shell-
fish.’’. 
SEC. 3. ADMISSION OF TEMPORARY H–2C WORKERS. 
(a) PROCEDURE FOR ADMISSION.—Chapter 2 of title 
II of the Immigration and Nationality Act (8 U.S.C. 1181 
et seq.) is amended by inserting after section 218 the fol-
lowing: 
‘‘SEC. 218A. ADMISSION OF TEMPORARY H–2C WORKERS. 
‘‘(a) DEFINITIONS.—In this section and section 
218B: 
‘‘(1) DISPLACE.—The term ‘displace’ means to 
lay off a United States worker from the job for 
which H–2C workers are sought. 
‘‘(2) JOB.—The term ‘job’ refers to all posi-
tions with an employer that— 
‘‘(A) involve essentially the same respon-
sibilities; 
‘‘(B) are held by workers with substan-
tially equivalent qualifications and experience; 
and 
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‘‘(C) are located in the same place or 
places of employment. 
‘‘(3) EMPLOYER.—The term ‘employer’ includes 
a single or joint employer, including an association 
acting as a joint employer with its members, who 
hires workers to perform agricultural labor or serv-
ices. 
‘‘(4) 
FORESTRY-RELATED
ACTIVITIES.—The 
term ‘forestry-related activities’ includes tree plant-
ing, timber harvesting, logging operations, brush 
clearing, vegetation management, herbicide applica-
tion, the maintenance of rights-of-way (including for 
roads, trails, and utilities), regardless of whether 
such right-of-way is on forest land, and the har-
vesting of pine straw. 
‘‘(5) H–2C WORKER.—The term ‘H–2C worker’ 
means 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(c). 
‘‘(6) LAY OFF.— 
‘‘(A) IN GENERAL.—The term ‘lay off’— 
‘‘(i) means to cause a worker’s loss of 
employment, other than through a dis-
charge for inadequate performance, viola-
tion of workplace rules, cause, voluntary 
departure, voluntary retirement, or the ex-
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piration of a grant or contract (other than 
a temporary employment contract entered 
into in order to evade a condition described 
in paragraph (4) of subsection (b)); and 
‘‘(ii) does not include any situation in 
which the worker is offered, as an alter-
native to such loss of employment, a simi-
lar position with the same employer at 
equivalent or higher wages and benefits 
than the position from which the employee 
was discharged, regardless of whether or 
not the employee accepts the offer. 
‘‘(B) CONSTRUCTION.—Nothing in this 
paragraph is intended to limit an employee’s 
rights under a collective bargaining agreement 
or other employment contract. 
‘‘(7) UNITED
STATES
WORKER.—The term 
‘United States worker’ means any worker who is— 
‘‘(A) a citizen or national of the United 
States; or 
‘‘(B) an alien who is lawfully admitted for 
permanent residence, is admitted as a refugee 
under section 207, or is granted asylum under 
section 208. 
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‘‘(8) SPECIAL
PROCEDURES
INDUSTRY.—The 
term ‘special procedures industry’ includes sheep-
herding, goat herding, and the range production of 
livestock, itinerant commercial beekeeping and polli-
nation, itinerant animal shearing, and custom com-
bining and harvesting. 
‘‘(b) PETITION.—An employer that seeks to employ 
aliens as H–2C workers under this section shall file with 
the Secretary of Homeland Security a petition attesting 
to the following: 
‘‘(1) OFFER OF EMPLOYMENT.—The employer 
will offer employment to the aliens on a contractual 
basis as H–2C workers under this section for a spe-
cific period of time during which the aliens may not 
work on an at-will basis (as provided for in section 
218B), and such contract shall only be required to 
include a description of each place of employment, 
period of employment, wages and other benefits to 
be provided, and the duties of the positions. 
‘‘(2) TEMPORARY LABOR OR SERVICES.— 
‘‘(A) IN GENERAL.—The employer is seek-
ing to employ a specific number of H–2C work-
ers on a temporary basis and will provide com-
pensation to such workers at a wage rate no 
less than that set forth in subsection (k)(2). 
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‘‘(B) DEFINITION.—For purposes of this 
paragraph, a worker is employed on a tem-
porary basis if the employer intends to employ 
the worker for no longer than the time period 
set forth in subsection (n)(1) (subject to the ex-
ceptions in subsection (n)(3)). 
‘‘(3) BENEFITS, WAGES, AND WORKING CONDI-
TIONS.—The employer will provide, at a minimum, 
the benefits, wages, and working conditions required 
by subsection (k) to all workers employed in the job 
for which the H–2C workers are sought. 
‘‘(4) NONDISPLACEMENT
OF
UNITED
STATES 
WORKERS.—The employer did not displace and will 
not displace United States workers employed by the 
employer during the period of employment of the H– 
2C workers and during the 30-day period imme-
diately preceding such period of employment in the 
job for which the employer seeks approval to employ 
H–2C workers. 
‘‘(5) RECRUITMENT.— 
‘‘(A) IN GENERAL.—The employer— 
‘‘(i) conducted adequate recruitment 
before filing the petition; and 
‘‘(ii) was unsuccessful in locating suf-
ficient numbers of willing and qualified 
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United States workers for the job for 
which the H–2C workers are sought. 
‘‘(B) OTHER
REQUIREMENTS.—The re-
cruitment requirement under subparagraph (A) 
is satisfied if the employer places a local job 
order with the State workforce agency serving 
each place of employment, except that nothing 
in this subparagraph shall require the employer 
to file an interstate job order under section 653 
of title 20, Code of Federal Regulations. The 
State workforce agency shall post the job order 
on its official agency website for a minimum of 
30 days and not later than 3 days after receipt 
using the employment statistics system author-
ized under section 15 of the Wagner-Peyser Act 
(29 U.S.C. 49l–2). The Secretary of Labor 
shall include links to the official Web sites of all 
State workforce agencies on a single webpage of 
the official Web site of the Department of 
Labor. 
‘‘(C) END
OF
RECRUITMENT
REQUIRE-
MENT.—The requirement to recruit United 
States workers for a job shall terminate on the 
first day that work begins for the H–2C work-
ers. 
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‘‘(6) OFFERS TO UNITED STATES WORKERS.— 
The employer has offered or will offer the job for 
which the H–2C workers are sought to any eligible 
United States workers who— 
‘‘(A) apply; 
‘‘(B) are qualified for the job; and 
‘‘(C) will be available at the time, at each 
place, and for the duration, of need. 
This requirement shall not apply to United States 
workers who apply for the job on or after the first 
day that work begins for the H–2C workers. 
‘‘(7) PROVISION OF INSURANCE.—If the job for 
which the H–2C workers are sought is not covered 
by State workers’ compensation law, the employer 
will provide, at no cost to the workers unless State 
law provides otherwise, insurance covering injury 
and disease arising out of, and in the course of, the 
workers’ employment, which will provide benefits at 
least equal to those provided under the State work-
ers compensation law for comparable employment. 
‘‘(8) STRIKE OR LOCKOUT.—The job that is the 
subject of the petition is not vacant because the 
former workers in that job are on strike or locked 
out in the course of a labor dispute. 
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‘‘(c) PUBLIC EXAMINATION.—Not later than 1 work-
ing day after the date on which a petition under this sec-
tion is filed, the employer shall make the petition available 
for public examination, at the employer’s principal place 
of employment. 
‘‘(d) LIST.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall maintain a list of the petitions filed 
under this subsection, which shall— 
‘‘(A) be sorted by employer; and 
‘‘(B) include the number of H–2C workers 
sought, the wage rate, the period of employ-
ment, each place of employment, and the date 
of need for each alien. 
‘‘(2) AVAILABILITY.—The Secretary of Home-
land Security shall make the list available for public 
examination. 
‘‘(e) PETITIONING FOR ADMISSION.— 
‘‘(1) CONSIDERATION OF PETITIONS.—For peti-
tions filed and considered under this subsection— 
‘‘(A) the Secretary of Homeland Security 
may not require such petition to be filed more 
than 28 days before the first date the employer 
requires the labor or services of H–2C workers; 
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‘‘(B) unless the Secretary of Homeland Se-
curity determines that the petition is incomplete 
or obviously inaccurate, the Secretary, not later 
than 10 business days after the date on which 
such petition was filed, shall either approve or 
reject the petition and provide the petitioner 
with notice of such action by means ensuring 
same or next day delivery; and 
‘‘(C) if the Secretary determines that the 
petition is incomplete or obviously inaccurate, 
the Secretary shall— 
‘‘(i) within 5 business days of receipt 
of the petition, notify the petitioner of the 
deficiencies to be corrected by means en-
suring same or next day delivery; and 
‘‘(ii) within 5 business days of receipt 
of the corrected petition, approve or deny 
the petition and provide the petitioner with 
notice of such action by means ensuring 
same or next day delivery. 
‘‘(2) ACCESS.—By filing an H–2C petition, the 
petitioner and each employer (if the petitioner is an 
association that is a joint employer of workers who 
perform agricultural labor or services) consent to 
allow access to each place of employment to the De-
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partment of Agriculture and the Department of 
Homeland Security for the purpose of investigations 
and audits to determine compliance with the immi-
gration laws (as defined in section 101(a)(17)). 
‘‘(f) ROLES OF AGRICULTURAL ASSOCIATIONS.— 
‘‘(1) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association is a joint employer 
of workers who perform agricultural labor or serv-
ices, H–2C workers may be transferred among its 
members to perform the agricultural labor or serv-
ices on a temporary basis for which the petition was 
approved. 
‘‘(2) TREATMENT OF VIOLATIONS.— 
‘‘(A) INDIVIDUAL
MEMBER.—If an indi-
vidual member of an association that is a joint 
employer commits a violation described in para-
graph (2) or (3) of subsection (i) or subsection 
(j)(1), the Secretary of Agriculture shall invoke 
penalties pursuant to subsections (i) and (j) 
against only that member of the association un-
less the Secretary of Agriculture determines 
that the association participated in, had knowl-
edge of, or had reason to know of the violation. 
‘‘(B) ASSOCIATION OF AGRICULTURAL EM-
PLOYERS.—If an association that is a joint em-
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ployer commits a violation described in sub-
sections (i)(2) and (3) or (j)(1), the Secretary 
of Agriculture shall invoke penalties pursuant 
to subsections (i) and (j) against only the asso-
ciation and not any individual members of the 
association, unless the Secretary determines 
that the member participated in the violation. 
‘‘(g) EXPEDITED ADMINISTRATIVE APPEALS.—The 
Secretary of Homeland Security shall promulgate regula-
tions to provide for an expedited procedure for the review 
of a denial of a petition under this section by the Sec-
retary. At the petitioner’s request, the review shall include 
a de novo administrative hearing at which new evidence 
may be introduced. 
‘‘(h) FEES.—The Secretary of Homeland Security 
shall require, as a condition of approving the petition, the 
payment of a fee to recover the reasonable cost of proc-
essing the petition. 
‘‘(i) ENFORCEMENT.— 
‘‘(1) INVESTIGATIONS AND AUDITS.—The Sec-
retary of Agriculture shall be responsible for con-
ducting investigations and audits, including random 
audits, of employers to ensure compliance with the 
requirements of the H–2C program. All monetary 
fines levied against employers shall be paid to the 
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Department of Agriculture and used to enhance the 
Department of Agriculture’s investigative and audit-
ing abilities to ensure compliance by employers with 
their obligations under this section. 
‘‘(2) VIOLATIONS.—If the Secretary of Agri-
culture finds, after notice and opportunity for a 
hearing, a failure to fulfill an attestation required by 
this subsection, or a material misrepresentation of a 
material fact in a petition under this subsection, the 
Secretary— 
‘‘(A) may impose such administrative rem-
edies (including civil money penalties in an 
amount not to exceed $1,000 per violation) as 
the Secretary determines to be appropriate; and 
‘‘(B) may disqualify the employer from the 
employment of H–2C workers for a period of 1 
year. 
‘‘(3) WILLFUL VIOLATIONS.—If the Secretary 
of Agriculture finds, after notice and opportunity for 
a hearing, a willful failure to fulfill an attestation re-
quired by this subsection, or a willful misrepresenta-
tion of a material fact in a petition under this sub-
section, the Secretary— 
‘‘(A) may impose such administrative rem-
edies (including civil money penalties in an 
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amount not to exceed $5,000 per violation, or 
not to exceed $15,000 per violation if in the 
course of such failure or misrepresentation the 
employer displaced one or more United States 
workers employed by the employer during the 
period of employment of H–2C workers or dur-
ing the 30-day period immediately preceding 
such period of employment) in the job the H– 
2C workers are performing as the Secretary de-
termines to be appropriate; 
‘‘(B) may disqualify the employer from the 
employment of H–2C workers for a period of 2 
years; 
‘‘(C) may, for a subsequent failure to fulfill 
an attestation required by this subsection, or a 
misrepresentation of a material fact in a peti-
tion under this subsection, disqualify the em-
ployer from the employment of H–2C workers 
for a period of 5 years; and 
‘‘(D) may, for a subsequent willful failure 
to fulfill an attestation required by this sub-
section, or a willful misrepresentation of a ma-
terial fact in a petition under this subsection, 
permanently disqualify the employer from the 
employment of H–2C workers. 
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‘‘(j) FAILURE TO PAY WAGES OR REQUIRED BENE-
FITS.— 
‘‘(1) IN GENERAL.—If the Secretary of Agri-
culture finds, after notice and opportunity for a 
hearing, that the employer has failed to provide the 
benefits, wages, and working conditions that the em-
ployer has attested that it would provide under this 
subsection, the Secretary shall require payment of 
back wages, or such other required benefits, due any 
United States workers or H–2C workers employed 
by the employer. 
‘‘(2) AMOUNT.—The back wages or other re-
quired benefits described in paragraph (1)— 
‘‘(A) shall be equal to the difference be-
tween the amount that should have been paid 
and the amount that was paid to such workers; 
and 
‘‘(B) shall be distributed to the workers to 
whom such wages or benefits are due. 
‘‘(k) MINIMUM WAGES, BENEFITS, AND WORKING 
CONDITIONS.— 
‘‘(1) PREFERENTIAL
TREATMENT
OF
H–2C 
WORKERS PROHIBITED.— 
‘‘(A) IN GENERAL.—Each employer seek-
ing to hire United States workers for the job 
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the H–2C workers will perform shall offer such 
United States workers not less than the same 
benefits, wages, and working conditions that the 
employer will provide to the H–2C workers. No 
job offer may impose on United States workers 
any restrictions or obligations which will not be 
imposed on H–2C workers. 
‘‘(B) INTERPRETATION.—Every interpreta-
tion and determination made under this section 
or under any other law, regulation, or interpre-
tative provision regarding the nature, scope, 
and timing of the provision of these and any 
other benefits, wages, and other terms and con-
ditions of employment shall be made so that— 
‘‘(i) the services of workers to their 
employers and the employment opportuni-
ties afforded to workers by the employers, 
including those employment opportunities 
that require United States workers or H– 
2C workers to travel or relocate in order to 
accept or perform employment— 
‘‘(I) mutually benefit such work-
ers, as well as their families, and em-
ployers; and 
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‘‘(II) principally benefit neither 
employer nor employee; and 
‘‘(ii) employment opportunities within 
the United States benefit the United 
States economy. 
‘‘(2) REQUIRED WAGES.— 
‘‘(A) IN GENERAL.—Each employer peti-
tioning for H–2C workers under this subsection 
will offer the H–2C workers, during the period 
of authorized employment as H–2C workers, 
wages that are at least the greatest of— 
‘‘(i) the applicable State or local min-
imum wage; 
‘‘(ii) 115 percent of the Federal min-
imum wage, or 150 percent of the Federal 
minimum wage in the case of H–2C work-
ers who perform agricultural labor or serv-
ices consisting of meat or poultry proc-
essing; or 
‘‘(iii) the actual wage level paid by the 
employer to all other individuals in the job. 
‘‘(B) SPECIAL
RULE.—An employer can 
utilize a piece rate or other alternative wage 
payment system so long as the employer guar-
antees each worker a wage rate that equals or 
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exceeds the amount required under subpara-
graph (A) for the total hours worked in each 
pay period. Compensation from a piece rate or 
other alternative wage payment system shall in-
clude time spent during rest breaks, moving 
from job to job, clean up, or any other non-
productive time, provided that such time does 
not exceed 20 percent of the total hours in the 
work day. 
‘‘(3) EMPLOYMENT GUARANTEE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) REQUIREMENT.—Each employer 
petitioning for workers under this sub-
section shall guarantee to offer the H–2C 
workers and United States workers per-
forming the same job employment for the 
hourly equivalent of not less than 50 per-
cent of the work hours set forth in the 
work contract. 
‘‘(ii) 
FAILURE
TO
MEET
GUAR-
ANTEE.—If 
an 
employer 
affords 
the 
United States workers or the H–2C work-
ers less employment than that required 
under this subparagraph, the employer 
shall pay such workers the amount which 
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the workers would have earned if the work-
ers had worked for the guaranteed number 
of hours. 
‘‘(B) 
CALCULATION
OF
HOURS.—Any 
hours which workers fail to work, up to a max-
imum of the number of hours specified in the 
work contract for a work day, when the workers 
have been offered an opportunity to do so, and 
all hours of work actually performed (including 
voluntary work in excess of the number of 
hours specified in the work contract in a work 
day) may be counted by the employer in calcu-
lating whether the period of guaranteed employ-
ment has been met. 
‘‘(C) LIMITATION.—If the workers aban-
don employment before the end of the work 
contract period, or are terminated for cause, 
the workers are not entitled to the 50 percent 
guarantee described in subparagraph (A). 
‘‘(D) TERMINATION OF EMPLOYMENT.— 
‘‘(i) IN GENERAL.—If, before the expi-
ration of the period of employment speci-
fied in the work contract, the services of 
the workers are no longer required due to 
any form of natural disaster, including 
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flood, hurricane, freeze, earthquake, fire, 
drought, plant or animal disease, pest in-
festation, regulatory action, or any other 
reason beyond the control of the employer 
before the employment guarantee in sub-
paragraph (A) is fulfilled, the employer 
may terminate the workers’ employment. 
‘‘(ii) REQUIREMENTS.—If a worker’s 
employment is terminated under clause (i), 
the employer shall— 
‘‘(I) fulfill the employment guar-
antee in subparagraph (A) for the 
work days that have elapsed during 
the period beginning on the first work 
day and ending on the date on which 
such employment is terminated; 
‘‘(II) make efforts to transfer the 
worker to other comparable employ-
ment acceptable to the worker; and 
‘‘(III) not later than 72 hours 
after termination, notify the Secretary 
of Agriculture of such termination 
and stating the nature of the contract 
impossibility. 
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‘‘(l) NONDELEGATION.—The Department of Agri-
culture and the Department of Homeland Security shall 
not delegate their investigatory, enforcement, or adminis-
trative functions relating to this section or section 218B 
to other agencies or departments of the Federal Govern-
ment. 
‘‘(m) COMPLIANCE WITH BIO-SECURITY PROTO-
COLS.—Except in the case of an imminent threat to health 
or safety, any personnel from a Federal agency or Federal 
grantee seeking to determine the compliance of an em-
ployer with the requirements of this section or section 
218B shall, when visiting such employer’s place of employ-
ment, make their presence known to the employer and 
sign-in in accordance with reasonable bio-security proto-
cols before proceeding to any other area of the place of 
employment. 
‘‘(n) LIMITATION ON H–2C WORKERS’ STAY IN STA-
TUS.— 
‘‘(1) MAXIMUM PERIOD.—The maximum con-
tinuous period of authorized status as an H–2C 
worker (including any extensions) is 18 months for 
workers employed in a job that is of a temporary or 
seasonal nature. For H–2C workers employed in a 
job that is not of a temporary or seasonal nature, 
the initial maximum continuous period of authorized 
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status is 36 months and subsequent maximum con-
tinuous periods of authorized status are 18 months. 
‘‘(2) REQUIREMENT TO REMAIN OUTSIDE THE 
UNITED STATES.—In the case of H–2C workers who 
were employed in a job of a temporary or seasonal 
nature whose maximum continuous period of author-
ized status as H–2C workers (including any exten-
sions) have expired, the aliens may not again be eli-
gible to be H–2C workers until they remain outside 
the United States for a continuous period equal to 
at least 1⁄12 of the duration of their previous period 
of authorized status an H–2C workers. For H–2C 
workers who were employed in a job not of a tem-
porary or seasonal nature whose maximum contin-
uous period of authorized status as H–2C workers 
(including any extensions) have expired, the aliens 
may not again be eligible to be H–2C workers until 
they remain outside the United States for a contin-
uous period equal to at least the lesser of 1⁄12 of the 
duration of their previous period of authorized sta-
tus as H–2C workers or 45 days. 
‘‘(3) EXCEPTIONS.— 
‘‘(A) The Secretary of Homeland Security 
shall deduct absences from the United States 
that take place during an H–2C worker’s period 
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of authorized status from the period that the 
alien is required to remain outside the United 
States under paragraph (2), if the alien or the 
alien’s employer requests such a deduction, and 
provides clear and convincing proof that the 
alien qualifies for such a deduction. Such proof 
shall consist of evidence such as arrival and de-
parture records, copies of tax returns, and 
records of employment abroad. 
‘‘(B) There is no maximum continuous pe-
riod of authorized status as set forth in para-
graph (1) or a requirement to remain outside 
the United States as set forth in paragraph (2) 
for H–2C workers employed as a sheepherder, 
goatherder, in the range production of livestock, 
or who return to the workers’ permanent resi-
dence outside the United States each day. 
‘‘(o) PERIOD OF ADMISSION.— 
‘‘(1) IN
GENERAL.—In addition to the max-
imum continuous period of authorized status, work-
ers’ authorized period of admission shall include— 
‘‘(A) a period of not more than 7 days 
prior to the beginning of authorized employ-
ment as H–2C workers for the purpose of travel 
to the place of employment; and 
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‘‘(B) a period of not more than 14 days 
after the conclusion of their authorized employ-
ment for the purpose of departure from the 
United States or a period of not more than 30 
days following the employment for the purpose 
of seeking a subsequent offer of employment by 
an employer pursuant to a petition under this 
section (or pursuant to at-will employment 
under section 218B during such times as that 
section is in effect) if they have not reached 
their maximum continuous period of authorized 
employment under subsection (n) (subject to 
the exceptions in subsection (n)(3)) unless they 
accept subsequent offers of employment as H– 
2C workers or are otherwise lawfully present. 
‘‘(2) FAILURE
TO
DEPART.—H–2C workers 
who do not depart the United States within the peri-
ods referred to in paragraph (1) will be considered 
to have failed to maintain nonimmigrant status as 
H–2C workers and shall be subject to removal under 
section 237(a)(1)(C)(i). Such aliens shall be consid-
ered to be inadmissible pursuant to section 
212(a)(9)(B)(i) for having been unlawfully present, 
with the aliens considered to have been unlawfully 
present for 181 days as of the 15th day following 
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their period of employment for the purpose of depar-
ture or as of the 31st day following their period of 
employment for the purpose of seeking subsequent 
offers of employment. 
‘‘(p) ABANDONMENT OF EMPLOYMENT.— 
‘‘(1) REPORT BY EMPLOYER.—Not later than 
72 hours after an employer learns of the abandon-
ment of employment by H–2C workers before the 
conclusion of their work contracts, the employer 
shall notify the Secretary of Agriculture and the 
Secretary of Homeland Security of such abandon-
ment. 
‘‘(2) REPLACEMENT OF ALIENS.—An employer 
may designate eligible aliens to replace H–2C work-
ers who abandon employment notwithstanding the 
numerical limitation found in section 214(g)(1)(C). 
‘‘(q) CHANGE TO H–2C STATUS.— 
‘‘(1) IN GENERAL.—An alien described in para-
graph (4) is eligible for status as an H–2C worker 
despite their unlawful presence. 
‘‘(2) WAIVER.—In the case of an alien de-
scribed in paragraph (4), the Secretary of Homeland 
Security shall waive the grounds of inadmissibility 
under paragraphs (5), (6), (7), and (9)(B) of section 
212(a), and the grounds of deportability under sub-
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paragraphs (A) through (D) of paragraph (1), and 
paragraph (3), of section 237(a), with respect to 
conduct that occurred prior to the alien first seeking 
status as an H–2C worker, solely in order to provide 
the alien with such status. 
‘‘(3) REQUIREMENT TO REMAIN OUTSIDE THE 
UNITED STATES.—An alien granted status as an H– 
2C worker under this subsection shall, after first 
being granted such status, depart the United States 
for a period by not later than 180 days after being 
issued a visa or otherwise being provided with status 
as an H–2C worker. Failure to comply with the re-
quirement of the previous sentence shall be consid-
ered failure to maintain nonimmigrant status, and 
beginning on the date that is 180 days after the 
date on which the alien was granted such status, the 
alien shall be subject to removal under section 
237(a)(1)(C)(i). 
‘‘(4) ALIEN DESCRIBED.—An alien described in 
this paragraph is an alien who— 
‘‘(A) was unlawfully present in the United 
States on October 23, 2017; and 
‘‘(B) performed agricultural labor or serv-
ices in the United States for at least 5.75 hours 
during each of at least 180 days during the 2- 
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year period ending on the date of the enactment 
of the AG Act. 
‘‘(r) TRUST FUND TO ASSURE WORKER RETURN.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a trust fund (in 
this section referred to as the ‘Trust Fund’) for the 
purpose of providing a monetary incentive for H–2C 
workers to return to their country of origin upon ex-
piration of their visas. 
‘‘(2) WITHHOLDING OF WAGES; PAYMENT INTO 
THE TRUST FUND.— 
‘‘(A) IN
GENERAL.—Notwithstanding the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) and State and local wage laws, all 
employers of H–2C workers shall withhold from 
the wages of all H–2C workers other than those 
employed as sheepherders, goatherders, in the 
range production of livestock, or who return to 
the their permanent residence outside the 
United States each day, an amount equivalent 
to 10 percent of the gross wages of each worker 
in each pay period and, on behalf of each work-
er, transfer such withheld amount to the Trust 
Fund. 
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‘‘(B) JOBS
THAT
ARE
NOT
OF
A
TEM-
PORARY OR SEASONAL NATURE.—Employers of 
H–2C workers employed in jobs that are not of 
a temporary or seasonal nature, other than 
those employed as a sheepherder, goatherder, or 
in the range production of livestock, shall also 
pay into the Trust Fund an amount equivalent 
to the Federal tax on the wages paid to H–2C 
workers that the employer would be obligated to 
pay under chapters 21 and 23 of the Internal 
Revenue Code of 1986 had the H–2C workers 
been subject to such chapters. 
‘‘(3) DISTRIBUTION OF FUNDS.—Amounts paid 
into the Trust Fund on behalf of an H–2C worker, 
and held pursuant to paragraph (2)(A) and interest 
earned thereon, shall be transferred from the Trust 
Fund to the Secretary of Homeland Security, who 
shall distribute them to the worker if the worker— 
‘‘(A) applies to the Secretary of Homeland 
Security (or the designee of the Secretary) for 
payment within 120 days of the expiration of 
the alien’s last authorized stay in the United 
States as an H–2C worker, for which they seek 
amounts from the Trust Fund; 
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‘‘(B) establishes to the satisfaction of the 
Secretary of Homeland Security that they have 
complied with the terms and conditions of the 
H–2C program; 
‘‘(C) once approved by the Secretary of 
Homeland Security for payment, physically ap-
pears at a United States embassy or consulate 
in the worker’s home country; and 
‘‘(D) establishes their identity to the satis-
faction of the Secretary of Homeland Security. 
‘‘(4) 
ADMINISTRATIVE
EXPENSES.—The 
amounts paid into the Trust Fund and held pursu-
ant to paragraph (2)(B), and interest earned there-
on, shall be distributed annually to the Secretary of 
Agriculture and the Secretary of Homeland Security 
in amounts proportionate to the expenses incurred 
by such officials in the administration and enforce-
ment of the terms of the H–2C program. 
‘‘(5) LAW
ENFORCEMENT.—Notwithstanding 
any other provision of law, amounts paid into the 
Trust Fund under paragraph (2), and interest 
earned thereon, that are not needed to carry out 
paragraphs (3) and (4) shall, to the extent provided 
in advance in appropriations Acts, be made available 
until expended without fiscal year limitation to the 
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Secretary of Homeland Security to apprehend, de-
tain, and remove aliens inadmissible to or deportable 
from the United States. 
‘‘(6) INVESTMENT OF TRUST FUND.— 
‘‘(A) IN GENERAL.—It shall be the duty of 
the Secretary of the Treasury to invest such 
portion of the Trust Fund as is not, in the Sec-
retary’s judgment, required to meet current 
withdrawals. Such investments may be made 
only in interest-bearing obligations of the 
United States or in obligations guaranteed as to 
both principal and interest by the United 
States. 
‘‘(B) CREDITS TO TRUST FUND.—The in-
terest on, and the proceeds from the sale or re-
demption of, any obligations held in the Trust 
Fund shall be credited to and form a part of 
the Trust Fund. 
‘‘(C) REPORT TO CONGRESS.—It shall be 
the duty of the Secretary of the Treasury to 
hold the Trust Fund, and (after consultation 
with the Secretary of Homeland Security) to re-
port to the Congress each year on the financial 
condition and the results of the operations of 
the Trust Fund during the preceding fiscal year 
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and on its expected condition and operations 
during the next fiscal year. Such report shall be 
printed as both a House and a Senate docu-
ment of the session of the Congress in which 
the report is made. 
‘‘(s) PROCEDURES FOR SPECIAL PROCEDURES IN-
DUSTRIES.— 
‘‘(1) WORK
LOCATIONS.—The Secretary of 
Homeland Security shall permit an employer in a 
Special Procedures Industry that does not operate at 
a single fixed place of employment to provide, as 
part of its petition, a list of places of employment, 
which— 
‘‘(A) may include an itinerary; and 
‘‘(B) may be subsequently amended at any 
time by the employer, after notice to the Sec-
retary. 
‘‘(2) 
WAGES.—Notwithstanding 
subsection 
(k)(2), the Secretary of Agriculture may establish 
monthly, weekly, or biweekly wage rates for occupa-
tions in a Special Procedures Industry for a State 
or other geographic area. For an employer in a Spe-
cial Procedures Industry that typically pays a 
monthly wage, the Secretary shall require that H– 
2C workers be paid not less frequently than monthly 
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and at a rate no less than the legally required 
monthly cash wage in an amount as re-determined 
annually by the Secretary. 
‘‘(3) ALLERGY LIMITATION.—An employer en-
gaged in the commercial beekeeping or pollination 
services industry may require that job applicants be 
free from bee-related allergies, including allergies to 
pollen and bee venom.’’. 
(b) AT-WILL EMPLOYMENT.—Chapter 2 of title II of 
the Immigration and Nationality Act (8 U.S.C. 1181 et 
seq.) is amended by inserting after section 218A (as in-
serted by subsection (a)) the following: 
‘‘SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H–2C 
WORKERS. 
‘‘(a) IN GENERAL.—An employer that is designated 
as a ‘registered agricultural employer’ pursuant to sub-
section (d) may employ aliens as H–2C workers. However, 
an H–2C worker may only perform labor or services pur-
suant to this section if the worker is already lawfully 
present in the United States as an H–2C worker, having 
been admitted or otherwise provided nonimmigrant status 
pursuant to section 218A, and has completed the period 
of employment specified in the job offer the worker accept-
ed pursuant to section 218A or the employer has termi-
nated the worker’s employment pursuant to section 
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218A(k)(3)(D)(i). An H–2C worker who abandons the em-
ployment which was the basis for admission or status pur-
suant to section 218A may not perform labor or services 
pursuant to this section until the worker has returned to 
their home country, been readmitted as an H–2C worker 
pursuant to section 218A and has completed the period 
of employment specified in the job offer the worker accept-
ed pursuant to section 218A or the employer has termi-
nated the worker’s employment pursuant to section 
218A(k)(3)(D)(i). 
‘‘(b) PERIOD OF STAY.—H–2C workers performing 
at-will labor or services for a registered agricultural em-
ployer are subject to the period of admission, limitation 
of stay in status, and requirement to remain outside the 
United States contained in subsections (o) and (n) of sec-
tion 218A, except that subsection (n)(3)(A) does not 
apply. 
‘‘(c) REGISTERED AGRICULTURAL EMPLOYERS.— 
The Secretary of Agriculture shall establish a process to 
accept and adjudicate applications by employers to be des-
ignated as registered agricultural employers. The Sec-
retary shall require, as a condition of approving the appli-
cation, the payment of a fee to recover the reasonable cost 
of processing the application. The Secretary shall des-
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ignate an employer as a registered agricultural employer 
if the Secretary determines that the employer— 
‘‘(1) employs (or plans to employ) individuals 
who perform agricultural labor or services; 
‘‘(2) has not been subject to debarment from 
receiving temporary agricultural labor certifications 
pursuant to section 101(a)(15)(H)(ii)(a) within the 
last three years; 
‘‘(3) has not been subject to disqualification 
from the employment of H–2C workers within the 
last five years; 
‘‘(4) agrees to, if employing H–2C workers pur-
suant to this section, fulfill the attestations con-
tained in section 218A(b) as if it had submitted a 
petition making those attestations (excluding sub-
section (k)(3) of such section) and not to employ H– 
2C workers who have reached their maximum con-
tinuous period of authorized status under section 
218A(n) (subject to the exceptions contained in sec-
tion 218A(n)(3)) or if the workers have complied 
with the terms of section 218A(n)(2); and 
‘‘(5) agrees to notify the Secretary of Agri-
culture and the Secretary of Homeland Security 
each time it employs H–2C workers pursuant to this 
section within 72 hours of the commencement of em-
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ployment and within 72 hours of the cessation of 
employment. 
‘‘(d) LENGTH OF DESIGNATION.—An employer’s des-
ignation as a registered agricultural employer shall be 
valid for 3 years, and the designation can be extended 
upon reapplication for additional 3-year terms. The Sec-
retary shall revoke a designation before the expiration of 
its 3-year term if the employer is subject to disqualifica-
tion from the employment of H–2C workers subsequent 
to being designated as a registered agricultural employer. 
‘‘(e) ENFORCEMENT.—The Secretary of Agriculture 
shall be responsible for conducting investigations and au-
dits, including random audits, of employers to ensure com-
pliance with the requirements of this section. All monetary 
fines levied against employers shall be paid to the Depart-
ment of Agriculture and used to enhance the Department 
of Agriculture’s investigatory and audit abilities to ensure 
compliance by employers with their obligations under this 
section and section 218A. The Secretary of Agriculture’s 
enforcement powers and an employer’s liability described 
in subsections (i) through (j) of section 218A are applica-
ble to employers employing H–2C workers pursuant to 
this section.’’. 
(c) PROHIBITION
ON FAMILY MEMBERS.—Section 
101(a)(15)(H) of the Immigration and Nationality Act (8 
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U.S.C. 1101(a)(15)(H)) is amended by striking ‘‘him;’’ at 
the end and inserting ‘‘him, except that no spouse or child 
may be admitted under clause (ii)(c);’’. 
(d) NUMERICAL CAP.—Section 214(g)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1184(g)(1)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(C) under section 101(a)(15)(H)(ii)(c)— 
‘‘(i) except as otherwise provided under 
this subparagraph, may not exceed 40,000 for 
aliens issued visas or otherwise provided non-
immigrant status under such section for the 
purpose of performing agricultural labor or 
services consisting or meat or poultry proc-
essing; 
‘‘(ii) except as otherwise provided under 
this subparagraph, may not exceed 410,000 for 
aliens issued visas or otherwise provided non-
immigrant status under such section for the 
purpose of performing agricultural labor or 
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services other than agricultural labor or services 
consisting of meat or poultry processing; 
‘‘(iii) if the base allocation under clause (i) 
or (ii) is exhausted during any fiscal year, the 
base allocation under such clause for that and 
subsequent fiscal years shall be increased by the 
lesser of 10 percent or a percentage rep-
resenting the number of petitioned-for aliens 
(as a percentage of the base allocation) who 
would be eligible to be issued visas or otherwise 
provided nonimmigrant status described in that 
clause during that fiscal year but for the base 
allocation being exhausted, and if the increased 
base allocation is itself exhausted during a sub-
sequent fiscal year, the base allocation for that 
and subsequent fiscal years shall be further in-
creased by the lesser of 10 percent or a percent-
age representing the number of petitioned-for 
aliens (as a percentage of the increased base al-
location) who would be eligible to be issued 
visas or otherwise provided nonimmigrant sta-
tus described in that clause during that fiscal 
year but for the increased base allocation being 
exhausted (subject to clause (iv)); 
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‘‘(iv) if the base allocation under clause (i) 
or (ii) is not exhausted during any fiscal year, 
the base allocation under such clause for subse-
quent fiscal years shall be decreased by the 
greater of 5 percent or a percentage rep-
resenting the unutilized portion of the base allo-
cation (as a percentage of the base allocation) 
during that fiscal year, and if in a subsequent 
fiscal year the decreased base allocation is itself 
not exhausted, the base allocation for fiscal 
years subsequent to that fiscal year shall be 
further decreased by the greater of 5 percent or 
a percentage representing the unutilized portion 
of the decreased base allocation (as a percent-
age of the decreased base allocation) during 
that fiscal year (subject to clause (iii) and ex-
cept that the base allocations under clauses (i) 
and (ii) shall not fall below 40,000 and 
410,000, respectively); and 
‘‘(v) the numerical limitations under this 
subparagraph shall not apply to any alien— 
‘‘(I) who— 
‘‘(aa) was physically present in 
the United States on October 23, 
2017; and 
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‘‘(bb) 
performed 
agricultural 
labor or services in the United States 
for at least 5.75 hours during each of 
at least 180 days during the 2-year 
period ending on the date of the en-
actment of the AG Act; or 
‘‘(II) who has previously been issued a 
visa or otherwise provided nonimmigrant 
status pursuant to subclause (a) or (b) of 
section 101(a)(15)(H)(ii), but only to the 
extent that the alien is being petitioned for 
by an employer pursuant to section 
218A(b) who previously employed the alien 
pursuant to subclause (a) or (b) of section 
101(a)(15)(H)(ii) beginning no later than 
October 23, 2017.’’. 
(e) INTENT.—Section 214(b) of the Immigration and 
Nationality Act (8 U.S.C. 1184(b)) is amended by striking 
‘‘section 101(a)(15)(H)(i) except subclause (b1) of such 
section’’ and inserting ‘‘clause (i), except subclause (b1), 
or (ii)(c) of section 101(a)(15)(H)’’. 
(f) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item relating 
to section 218 the following: 
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‘‘Sec. 218A. Admission of temporary H–2C workers. 
‘‘Sec. 218B. At-will employment of temporary H–2C workers.’’. 
SEC. 4. MEDIATION. 
Nonimmigrants 
having 
status 
under 
section 
101(a)(15)(H)(ii)(c) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)) may not bring civil 
actions for damages against their employers, nor may any 
other attorneys or individuals bring civil actions for dam-
ages on behalf of such nonimmigrants against the non-
immigrants’ employers, unless at least 90 days prior to 
bringing an action a request has been made to the Federal 
Mediation and Conciliation Service to assist the parties 
in reaching a satisfactory resolution of all issues involving 
all parties to the dispute and mediation has been at-
tempted. 
SEC. 5. MIGRANT AND SEASONAL AGRICULTURAL WORKER 
PROTECTION. 
Section 3(8)(B)(ii) of the Migrant and Seasonal Agri-
cultural 
Worker 
Protection 
Act 
(29 
U.S.C. 
1802(8)(B)(ii)) is amended by striking ‘‘under sections 
101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and 
Nationality Act.’’ and inserting ‘‘under subclauses (a) and 
(c) of section 101(a)(15)(H)(ii), and section 214(c), of the 
Immigration and Nationality Act.’’. 
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SEC. 6. BINDING ARBITRATION. 
(a) APPLICABILITY.—H–2C workers may, as a condi-
tion of employment with an employer, be subject to man-
datory binding arbitration and mediation of any grievance 
relating to the employment relationship. An employer shall 
provide any such workers with notice of such condition of 
employment at the time it makes job offers. 
(b) ALLOCATION OF COSTS.—Any cost associated 
with such arbitration and mediation process shall be 
equally divided between the employer and the H–2C work-
ers, except that each party shall be responsible for the cost 
of its own counsel, if any. 
(c) DEFINITIONS.—As used in this section: 
(1) The term ‘‘condition of employment’’ means 
a term, condition, obligation, or requirement that is 
part of the job offer, such as the term of employ-
ment, job responsibilities, employee conduct stand-
ards, and the grievance resolution process, and to 
which applicants or prospective H–2C workers must 
consent or accept in order to be hired for the posi-
tion. 
(2) The term ‘‘H–2C worker’’ means a non-
immigrant described in section 218A(a)(5) of the 
Immigration and Nationality Act, as added by sec-
tion 3(a) of this Act. 
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SEC. 7. ELIGIBILITY FOR HEALTH CARE SUBSIDIES AND 
REFUNDABLE 
TAX 
CREDITS; 
REQUIRED 
HEALTH INSURANCE COVERAGE. 
(a) HEALTH CARE SUBSIDIES.—H–2C workers (as 
defined in section 218A(a)(5) of the Immigration and Na-
tionality Act, as added by section 3(a) of this Act)— 
(1) are not entitled to the premium assistance 
tax credit authorized under section 36B of the Inter-
nal Revenue Code of 1986 and shall be subject to 
the rules applicable to individuals who are not law-
fully present set forth in subsection (e) of such sec-
tion; and 
(2) shall be subject to the rules applicable to in-
dividuals who are not lawfully present set forth in 
section 1402(e) of the Patient Protection and Af-
fordable Care Act (42 U.S.C. 18071(e)). 
(b) REFUNDABLE TAX CREDITS.—H–2C workers (as 
defined in section 218A(a)(5) of the Immigration and Na-
tionality Act, as added by section 3(a) of this Act), shall 
not be allowed any credit under sections 24 and 32 of the 
Internal Revenue Code of 1986. In the case of a joint re-
turn, no credit shall be allowed under either such section 
if both spouses are such workers or aliens. 
(c) REQUIREMENT REGARDING HEALTH INSURANCE 
COVERAGE.—Notwithstanding the Fair Labor Standards 
Act of 1938 (29 U.S.C. 201 et seq.) and State and local 
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wage laws, not later than 21 days after being issued a 
visa or otherwise provided nonimmigrant status under sec-
tion 101(a)(15)(H)(ii)(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)), an alien must 
obtain health insurance coverage accepted in their State 
or States of employment and residence for the period of 
employment specified in section 218A(b)(1) of the Immi-
gration and Nationality Act. H–2C workers under section 
218A or 218B of the Immigration and Nationality Act 
who do not obtain and maintain the required insurance 
coverage will be considered to have failed to maintain non-
immigrant status under section 101(a)(15)(H)(ii)(c) of 
the Immigration and Nationality Act and shall be subject 
to removal under section 237(a)(1)(C)(i) of the Immigra-
tion and Nationality Act (8 U.S.C. 1227(a)(1)(C)(i)). 
SEC. 8. EFFECTIVE DATES; SUNSET; REGULATIONS. 
(a) EFFECTIVE DATES.— 
(1) IN GENERAL.—Sections 2 and 4 through 6 
of this Act, subsections (a) and (c) through (f) of 
section 3 of this Act, and the amendments made by 
the sections, shall take effect on the date on which 
the Secretary issues the rules under subsection (c) 
of this section, and the Secretary of Homeland Secu-
rity shall accept petitions pursuant to section 218A 
of the Immigration and Nationality Act, as inserted 
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by this Act, beginning no later than that date. Sec-
tion 7 of this Act shall take effect on the date of the 
enactment of the Act. 
(2) AT-WILL
EMPLOYMENT.—Section 3(b) of 
this Act and the amendments made by that sub-
section shall take effect on the date that it becomes 
unlawful for all persons or other entities to hire, or 
to recruit or refer for a fee, for employment in the 
United States an individual (as provided in section 
274A(a)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1324a(a)(1))) without participating in the 
E-Verify Program described in section 403(a) of the 
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (8 U.S.C. 1324a note) or an em-
ployment eligibility verification system patterned on 
such program’s verification system, and only if at 
that time the E-Verify Program (or another pro-
gram patterned after the E-Verify Program) re-
sponds to inquiries made by such persons or entities 
by providing confirmation, tentative nonconfirma-
tion, and final nonconfirmation of an individual’s 
identity and employment eligibility in such a way 
that indicates whether the individual is eligible to be 
employed in all occupations or only to perform agri-
cultural labor or services under sections 218A and 
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219B of the Immigration and Nationality Act, as 
added by section 3 of this Act, and if the latter, 
whether the nonimmigrant would be in compliance 
with their maximum continuous period of authorized 
status and requirement to remain outside the United 
States under section 218A(n) of such Act, as added 
by section 3(a) of this Act, and on what date the 
alien would cease to be in compliance with their 
maximum continuous period of authorized status. 
(b) OPERATION AND SUNSET OF THE H–2A PRO-
GRAM.— 
(1) 
APPLICATION
OF
EXISTING
REGULA-
TIONS.—The Department of Labor H–2A program 
regulations published at 73 Fed. Reg. 77110 et seq. 
(2008) shall be in force for all petitions approved 
under sections 101(a)(15)(H)(ii)(a) and 218 of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(h)(ii)(a); 8 U.S.C. 1188) beginning on 
the date of the enactment of this Act, except that 
the following, as in effect on the date of the enact-
ment of this Act, shall remain in effect, and, to the 
extent that any rule published at 73 Fed. Reg. 
77110 et seq. is in conflict, such rule shall have no 
force and effect: 
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(A) Paragraph (a) and subparagraphs (1) 
and (3) of paragraph (b) of section 655.200 of 
title 20, Code of Federal Regulations. 
(B) Section 655.201 of title 20, Code of 
Federal Regulations, except the paragraphs en-
titled ‘‘Production of Livestock’’ and ‘‘Range’’. 
(C) Paragraphs (c), (d), and (e) of section 
655.210 of title 20, Code of Federal Regula-
tions. 
(D) Section 655.230 of title 20, Code of 
Federal Regulations. 
(E) Section 655.235 of title 20, Code of 
Federal Regulations. 
(F) The Special Procedures Labor Certifi-
cation Process for Employers in the Itinerant 
Animal Shearing Industry under the H–2A 
Program in effect under the Training and Em-
ployment Guidance Letter No. 17–06, Change 
1, Attachment B, Section II, with an effective 
date of October 1, 2011. 
(2) SUNSET.—Beginning on the date on which 
employers can file petitions pursuant to section 
218A of the Immigration and Nationality Act, as 
added by section 3(a) of this Act, no new petitions 
under sections 101(a)(15)(H)(ii)(a) and 218 of the 
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Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(a); 8 U.S.C. 1188) shall be ac-
cepted. 
(c) REGULATIONS.—Notwithstanding any other pro-
vision of law, not later than the first day of the seventh 
month that begins after the date of the enactment of this 
Act, the Secretary of Homeland Security shall issue final 
rules, on an interim or other basis, to carry out this Act. 
Æ 
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