129 
cultural employer pursuant to paragraph (1). 
An employment arrangement under this section 
may be terminated by either the portable H–2A 
worker or the registered agricultural employer 
at any time. 
(D) TRANSFER TO NEW EMPLOYMENT.— 
At the cessation of employment with a reg-
istered agricultural employer, a portable H–2A 
worker shall have 60 days to secure new em-
ployment with a registered agricultural em-
ployer. 
(E) MAINTENANCE OF STATUS.—A port-
able H–2A worker who does not secure new em-
ployment with a registered agricultural em-
ployer within 60 days shall be considered to 
have failed to maintain such status and shall 
depart the United States or be subject to re-
moval under section 237(a)(1)(C)(i) of the Im-
migration and Nationality Act (8 U.S.C. 
1188(a)(1)(C)(i)). 
(3) ENFORCEMENT.—The Secretary of Labor 
shall be responsible for conducting investigations 
and random audits of employers to ensure compli-
ance with the employment-related requirements of 
this section, consistent with section 218(m) of the 
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130 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1188(m)). The Secretary of Labor shall have the au-
thority to collect reasonable civil penalties for viola-
tions, which shall be utilized by the Secretary for the 
administration and enforcement of the provisions of 
this section. 
(4) ELIGIBILITY FOR SERVICES.—Section 305 
of Public Law 99–603 (100 Stat. 3434) is amended 
by striking ‘‘other employment rights as provided in 
the worker’s specific contract under which the non-
immigrant was admitted’’ and inserting ‘‘employ-
ment-related rights’’. 
(c) REPORT.—Not later than 6 months before the 
end of the third fiscal year of the pilot program, the Sec-
retary of Homeland Security, in consultation with the Sec-
retary of Labor and the Secretary of Agriculture, shall 
prepare and submit to the Committees on the Judiciary 
of the House of Representatives and the Senate, a report 
that provides— 
(1) the number of employers designated as reg-
istered agricultural employers, broken down by geo-
graphic region, farm size, and the number of job op-
portunities offered by such employers; 
(2) the number of employers whose designation 
as a registered agricultural employer was revoked; 
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131 
(3) the number of individuals granted portable 
H–2A status in each fiscal year, along with the 
number of such individuals who maintained portable 
H–2A status during all or a portion of the 3-year 
period of the pilot program; 
(4) an assessment of the impact of the pilot 
program on the wages and working conditions of 
United States farm workers; 
(5) the results of a survey of individuals grant-
ed portable H–2A status, detailing their experiences 
with and feedback on the pilot program; 
(6) the results of a survey of registered agricul-
tural employers, detailing their experiences with and 
feedback on the pilot program; 
(7) an assessment as to whether the program 
should be continued and if so, any recommendations 
for improving the program; and 
(8) findings and recommendations regarding ef-
fective recruitment mechanisms, including use of 
new technology to match workers with employers 
and ensure compliance with applicable labor and em-
ployment laws and regulations. 
SEC. 207. IMPROVING ACCESS TO PERMANENT RESIDENCE. 
(a) WORLDWIDE LEVEL.—Section 201(d)(1)(A) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
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132 
1151(d)(1)(A)) is amended by striking ‘‘140,000’’ and in-
serting ‘‘180,000’’. 
(b) VISAS FOR FARMWORKERS.—Section 203(b) of 
the Immigration and Nationality Act (8 U.S.C. 1153(b)) 
is amended— 
(1) in paragraph (1) by striking ‘‘28.6 percent 
of such worldwide level’’ and inserting ‘‘40,040’’; 
(2) in paragraph (2)(A) by striking ‘‘28.6 per-
cent of such worldwide level’’ and inserting 
‘‘40,040’’; 
(3) in paragraph (3)— 
(A) in subparagraph (A)— 
(i) in the matter before clause (i), by 
striking ‘‘28.6 percent of such worldwide 
level’’ and inserting ‘‘80,040’’; and 
(ii) by amending clause (iii) to read as 
follows: 
‘‘(iii) OTHER WORKERS.—Other quali-
fied immigrants who, at the time of peti-
tioning for classification under this para-
graph— 
‘‘(I) are capable of performing 
unskilled labor, not of a temporary or 
seasonal nature, for which qualified 
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133 
workers are not available in the 
United States; or 
‘‘(II) can demonstrate employ-
ment in the United States as an H– 
2A nonimmigrant worker for at least 
100 days in each of at least 10 
years.’’; 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) 
VISAS
ALLOCATED
FOR
OTHER 
WORKERS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clauses (ii) and (iii), 50,000 of the 
visas made available under this paragraph 
shall be reserved for qualified immigrants 
described in subparagraph (A)(iii). 
‘‘(ii) PREFERENCE
FOR
AGRICUL-
TURAL WORKERS.—Subject to clause (iii), 
not less than four-fifths of the visas de-
scribed in clause (i) shall be reserved for— 
‘‘(I) qualified immigrants de-
scribed in subparagraph (A)(iii)(I) 
who will be performing agricultural 
labor or services in the United States; 
and 
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134 
‘‘(II) qualified immigrants de-
scribed in subparagraph (A)(iii)(II). 
‘‘(iii) EXCEPTION.—If because of the 
application of clause (ii), the total number 
of visas available under this paragraph for 
a calendar quarter exceeds the number of 
qualified immigrants who otherwise may be 
issued such a visa, clause (ii) shall not 
apply to visas under this paragraph during 
the remainder of such calendar quarter. 
‘‘(iv) NO
PER
COUNTRY
LIMITS.— 
Visas described under clause (ii) shall be 
issued without regard to the numerical lim-
itation under section 202(a)(2).’’; and 
(C) by amending subparagraph (C) by 
striking ‘‘An immigrant visa’’ and inserting 
‘‘Except for qualified immigrants petitioning for 
classification under subparagraph (A)(iii)(II), 
an immigrant visa’’; 
(4) in paragraph (4), by striking ‘‘7.1 percent 
of such worldwide level’’ and inserting ‘‘9,940’’; and 
(5) in paragraph (5)(A), in the matter before 
clause (i), by striking ‘‘7.1 percent of such world-
wide level’’ and inserting ‘‘9,940’’. 
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