than because of subparagraph (D) thereof) is enti-
tled to an expedited review of the determination by 
the Secretary of Agriculture. 
‘‘(f) OBLIGATIONS UNDER PROGRAM.—Any person 
whose request to enroll in the nonimmigrant agricultural 
worker program has been granted shall ensure as follows: 
‘‘(1) NO
DISPLACEMENT
OF
THE
UNITED 
STATES WORKERS.—The employer did not displace 
and will not displace a United States worker em-
ployed by the employer, other than for good cause, 
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 seeks to employ nonimmigrant agricultural 
workers. 
‘‘(2) OFFERS TO UNITED STATES WORKERS.— 
The employer shall offer the job to any eligible 
United States worker who applies and is equally or 
better qualified for the job for which the non-
immigrant is sought, and will be available at the 
time and place of need. The employer shall post all 
such job openings on the Electronic Job Registry ad-
ministered by the Employment and Training Admin-
istration of the Department of Labor. 
VerDate Mar 15 2010 
00:08 Sep 16, 2011
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2895.IH
H2895
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(3) WORKERS’ COMPENSATION.—If the job op-
portunity is not covered by the State workers’ com-
pensation law, the employer will provide, at no cost 
to United States and nonimmigrant agricultural 
workers, insurance covering injury and disease aris-
ing out of, and in the course of, the worker’s em-
ployment which will provide benefits at least equal to 
those provided under the State’s workers’ compensa-
tion law for comparable employment. 
‘‘(4) LABOR DISPUTE.—The person shall not 
employ a nonimmigrant agricultural worker for a 
specific job opportunity for which the employer is re-
questing a nonimmigrant agricultural worker be-
cause the former occupant of the job is on strike or 
being locked out in the course of a labor dispute. 
‘‘(5) NOT USED FOR NONAGRICULTURAL SERV-
ICES.—The person shall not employ a nonimmigrant 
agricultural worker for services other than agricul-
tural services. 
‘‘(6) 
VIOLATION
OF
PROGRAM
REQUIRE-
MENTS.—If the Secretary of Agriculture determines, 
after an opportunity for a hearing, that an enrolled 
employer has violated this subsection the Secretary 
may impose penalties, including fines and, in cases 
of serious violations, the disqualification of the em-
VerDate Mar 15 2010 
00:08 Sep 16, 2011
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2895.IH
H2895
rfrederick on DSK6VPTVN1PROD with BILLS
ployer from future enrollment in the program for a 
period of up to three years. 
‘‘(g) ALLOCATION OF VISAS.— 
‘‘(1) 
PREFERENCE
SYSTEM.—Nonimmigrant 
agricultural workers who are subject to the numer-
ical limitations specified in subsection (d) shall be al-
lotted nonimmigrant visas and work authority as fol-
lows: 
‘‘(A) IDENTIFIED WORKERS.—Visas shall 
first be made available to qualified non-
immigrant 
agricultural 
workers 
specifically 
identified pursuant to subsection (c)(3). 
‘‘(B) PREVIOUSLY EMPLOYED WORKERS.— 
Visas shall next be made available to qualified 
nonimmigrant agricultural workers who have 
previously been employed in agricultural em-
ployment in the United States, providing pri-
ority in consideration among such workers in 
the order of the length of time in which they 
were employed. 
‘‘(C) ORDER IN WHICH APPLIED.—The re-
maining visas shall be made available to other 
qualified nonimmigrant agricultural workers 
strictly in the chronological order in which they 
apply. Waiting lists of applicants shall be main-
VerDate Mar 15 2010 
00:08 Sep 16, 2011
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2895.IH
H2895
rfrederick on DSK6VPTVN1PROD with BILLS
tained in accordance with regulations prescribed 
by the Secretary of State. 
‘‘(2) TREATMENT
OF
SPOUSES
AND
CHIL-
DREN.—A spouse or child of such a worker is not 
entitled to visa or such status by virtue of such rela-
tionship, but may be provided the same status as 
such a worker if the spouse or child also is a quali-
fied nonimmigrant agricultural worker to perform 
agricultural employment. 
‘‘(3) CRIMINAL BACKGROUND CHECK.—In the 
addition to any other examination required under 
this Act, no visa or other documentation may be 
issued to an alien under section 101(a)(15)(W) until 
the alien has obtained successful clearance of the se-
curity and criminal background checks specified by 
the Secretary of Homeland Security for purposes of 
this section. 
‘‘(h) APPLICATION FOR AN INCREASE WHERE EX-
TRAORDINARY AND UNUSUAL CIRCUMSTANCES.— 
‘‘(1) IN GENERAL.—If an agricultural employer 
(or association or representative thereof) establishes 
that extraordinary and unusual circumstances have 
resulted in a significant change in the employer’s 
need for nonimmigrant agricultural workers speci-
fied in the application, or in the availability of do-
VerDate Mar 15 2010 
00:08 Sep 16, 2011
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2895.IH
H2895
rfrederick on DSK6VPTVN1PROD with BILLS
mestic workers who are able, willing, and qualified 
to perform agricultural employment, the employer 
may apply to the Secretary of Agriculture (in such 
form and manner as the Secretary shall provide) for 
an increase in the numerical limitations otherwise 
established under subsection (d) to accommodate 
such emergency need. If approved, the Secretary 
shall forward the application to the Secretary of 
Homeland Security with a recommendation on the 
additional number of nonimmigrant agricultural 
worker visas found necessary. 
‘‘(2) TIMELY
DETERMINATION
ON
APPLICA-
TION.—The Secretary of Agriculture shall make a 
determination on an application under subparagraph 
(A) and forward its recommendations to the Sec-
retary of Homeland Security within 72 hours of the 
date the application is completed. 
‘‘(3) INCREASE IN LIMITATION.—To the extent 
the application is approved, the Secretary of Home-
land Security shall provide for an appropriate in-
crease in the appropriate numerical limitation within 
72 hours. 
‘‘(i) ENTRY OF WORKERS.— 
‘‘(1) IN GENERAL.—An alien may not be admit-
ted to the United States as a nonimmigrant agricul-
VerDate Mar 15 2010 
00:08 Sep 16, 2011
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2895.IH
H2895
rfrederick on DSK6VPTVN1PROD with BILLS