I 
115TH CONGRESS 
2D SESSION 
H. R. 6417 
To create a nonimmigrant H–2C work visa program for agricultural workers, 
to make mandatory and permanent requirements relating to use of an 
electronic employment eligibility verification system, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2018 
Mr. GOODLATTE (for himself, Mr. PETERSON, Mr. SMITH of Texas, Mr. 
CUELLAR, Mr. NEWHOUSE, Mr. CONAWAY, Mr. MEADOWS, Mr. WALKER, 
Mr. ABRAHAM, Mr. ADERHOLT, Mr. BARR, Mr. BUCK, Mr. CALVERT, 
Mr. CHABOT, Mr. COLE, Mr. COLLINS of New York, Mr. COMER, Mr. 
CRAMER, Mr. CRAWFORD, Mr. CURTIS, Mr. DESJARLAIS, Mr. DUFFY, 
Mr. DUNN, Mr. ESTES of Kansas, Mr. FASO, Mr. GALLAGHER, Mr. HAR-
RIS, Ms. JENKINS of Kansas, Mr. JONES, Mr. LUCAS, Mr. MARINO, Mr. 
MARSHALL, Mr. NUNES, Mr. REED, Mr. ROSS, Mr. ROUZER, Mr. AUSTIN 
SCOTT of Georgia, Ms. STEFANIK, Mr. STIVERS, Ms. TENNEY, Mr. 
THOMPSON of Pennsylvania, Mr. THORNBERRY, Mr. UPTON, Mr. YOHO, 
Mr. KATKO, Mr. RODNEY DAVIS of Illinois, Mr. HIGGINS of Louisiana, 
and Mr. COLLINS of Georgia) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Commit-
tees on Education and the Workforce, Ways and Means, and Energy and 
Commerce, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To create a nonimmigrant H–2C work visa program for 
agricultural workers, to make mandatory and permanent 
requirements relating to use of an electronic employment 
eligibility verification system, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘AG and Legal Workforce Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
TITLE I—AGRICULTURAL 
WORKER REFORM 
SEC. 101. SHORT TITLE. 
This title may be cited as— 
(1) the ‘‘Agricultural Guestworker Act’’; or 
(2) the ‘‘AG Act’’. 
SEC. 102. H–2C TEMPORARY AGRICULTURAL WORK VISA 
PROGRAM. 
(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) 
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: 
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‘‘(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-
culture (as such term is defined in such section 
3(f)), or fish or shellfish, for further distribution; 
‘‘(E) forestry-related activities; 
‘‘(F) aquaculture activities; and 
‘‘(G) activities related to the management and 
training of equines, 
except that in regard to labor or services consisting of 
meat or poultry processing, the term ‘agricultural labor 
or services’ only includes the killing of animals and the 
breakdown of their carcasses.’’. 
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SEC. 103. 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 
‘‘(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. 
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‘‘(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-
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-
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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. 
‘‘(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 
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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 (j)(2). 
‘‘(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 (m)(1) (subject to the 
exceptions in subsection (m)(3)). 
‘‘(3) BENEFITS, WAGES, AND WORKING CONDI-
TIONS.—The employer will provide, at a minimum, 
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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 
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 
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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. 
‘‘(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. 
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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. 
‘‘(c) 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. 
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‘‘(2) AVAILABILITY.—The Secretary of Home-
land Security shall make the list available for public 
examination. 
‘‘(d) 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; 
‘‘(B) within the appropriate time period 
under subparagraph (C) or (D), the Secretary 
of Homeland Security shall— 
‘‘(i) approve the petition; 
‘‘(ii) reject the petition; or 
‘‘(iii) determine that the petition is in-
complete or obviously inaccurate or that 
the employer has not complied with the re-
quirements 
of 
subsection 
(b)(5)(A)(i) 
(which the Secretary can ascertain by 
verifying whether the employer has placed 
a local job order as provided for in sub-
section (b)(5)(B)); 
‘‘(C) if the Secretary determines that the 
petition is incomplete or obviously inaccurate, 
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or that the employer has not complied with the 
requirements of subsection (b)(5)(A)(i) (which 
the Secretary can ascertain by verifying wheth-
er the employer has placed a local job order as 
provided for in subsection (b)(5)(B)), the Sec-
retary 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 reject 
the petition and provide the petitioner with 
notice of such action by means ensuring 
same or next day delivery; and 
‘‘(D) if the Secretary does not determine 
that the petition is incomplete or obviously inac-
curate, the Secretary shall not later than 10 
business days after the date on which such peti-
tion was filed, either approve or reject the peti-
tion 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 
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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-
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)). 
‘‘(3) CONFIDENTIALITY OF INFORMATION.—No 
information contained in a non-fraudulent petition 
filed by an employer pursuant to subsection (b) 
which is not otherwise available to the Secretary of 
Homeland Security may be used— 
‘‘(A) in a civil or criminal prosecution or 
investigation of the petitioning employer under 
section 274A or the Internal Revenue Code of 
1986 for unlawful employment of an alien who 
is the beneficiary of such petition; or 
‘‘(B) for the purpose of initiating or pro-
ceeding with removal proceedings with respect 
to an alien who is the beneficiary of such peti-
tion, except in the case of an alien with respect 
to whom a petition is denied. 
‘‘(e) ROLES OF AGRICULTURAL ASSOCIATIONS.— 
‘‘(1) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association is a joint employer 
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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 (h) or subsection 
(i)(1), the Secretary of Agriculture shall invoke 
penalties pursuant to subsections (h) and (i) 
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-
ployer commits a violation described in sub-
sections (h)(2) and (3) or (i)(1), the Secretary 
of Agriculture shall invoke penalties pursuant 
to subsections (h) and (i) against only the asso-
ciation and not any individual members of the 
association, unless the Secretary determines 
that the member participated in the violation. 
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‘‘(f) 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. 
‘‘(g) 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. 
‘‘(h) 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 
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 
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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 
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 
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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. 
‘‘(i) 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 
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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. 
‘‘(j) 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 
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, ex-
cept that if an employer chooses to provide H– 
2C workers with housing or a housing allow-
ance, the employer need not offer housing or a 
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housing allowance to such United States work-
ers. 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 
‘‘(II) principally benefit neither 
employer nor employee; and 
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‘‘(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 
(other than in the case of workers who will per-
form agricultural labor or services consisting of 
meat or poultry processing) will offer the H–2C 
workers, during the period of authorized em-
ployment 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 
‘‘(iii) the actual wage level paid by the 
employer to all other individuals in the job. 
‘‘(B) SPECIAL RULES.— 
‘‘(i) ALTERNATE WAGE PAYMENT SYS-
TEMS.—An employer can utilize a piece 
rate or other alternative wage payment 
system so long as the employer guarantees 
each worker a wage rate that equals or ex-
ceeds the amount required under subpara-
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graph (A) for the total hours worked in 
each pay period. Compensation from a 
piece rate or other alternative wage pay-
ment system shall include time spent dur-
ing rest breaks, moving from job to job, 
clean up, or any other nonproductive time, 
provided that such time does not exceed 20 
percent of the total hours in the work day. 
‘‘(ii) 
MEAT
OR
POULTRY
PROC-
ESSING.—Each employer petitioning for 
H–2C workers under this subsection who 
will perform agricultural labor or services 
consisting of meat or poultry processing 
will offer the H–2C workers, during the 
period of authorized employment as H–2C 
workers, wages that are at least the great-
est of— 
‘‘(I) the applicable State or local 
minimum wage; 
‘‘(II) 150 percent of the Federal 
minimum wage; 
‘‘(III) the prevailing wage level 
for the occupational classification in 
the area of employment; or 
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‘‘(IV) the actual wage level paid 
by the employer to all other individ-
uals in the job. 
‘‘(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 
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 
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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 
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-
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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. 
‘‘(k) 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. 
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‘‘(l) 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. 
‘‘(m) LIMITATION ON H–2C WORKERS’ STAY IN STA-
TUS.— 
‘‘(1) MAXIMUM PERIOD.—The maximum con-
tinuous period of authorized stay as an H–2C work-
er (including any extensions) is 36 months. 
‘‘(2) REQUIREMENT TO REMAIN OUTSIDE THE 
UNITED
STATES.—In the case of H–2C workers 
whose maximum continuous 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 continuous period equal to at 
least the lesser of 1⁄12 of the duration of their pre-
vious period of authorized status an H–2C workers 
or 60 days. 
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‘‘(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 
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. 
‘‘(n) 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— 
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‘‘(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 
‘‘(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 (m) (subject to 
the exceptions in subsection (m)(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) or, as applicable, 
paragraph (3), will be considered to have failed to 
maintain nonimmigrant status as H–2C workers and 
shall 
be 
subject 
to 
removal 
under 
section 
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237(a)(1)(C)(i). Such aliens shall be considered 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 their period of em-
ployment for the purpose of departure or as of the 
31st day following their period of employment for 
the purpose of seeking subsequent offers of employ-
ment. 
‘‘(3) APPLICATION
FOR
MAXIMUM
PERIOD.— 
Notwithstanding the duration of the work requested 
by the employer petitioning for the admission of an 
H–2C worker, if the alien is granted a visa, at the 
request of the alien, the term of the visa shall be for 
the maximum period described in subsection (m)(1), 
except that if such an alien is unable to secure sub-
sequent employment 30 days after the conclusion of 
their authorized employment, the alien shall be re-
quired to depart the United States as described in 
paragraph (1)(B). 
‘‘(o) 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 
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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). 
‘‘(p) CHANGE TO H–2C STATUS.— 
‘‘(1) WAIVER.—In the case of an alien de-
scribed in paragraph (2), the Secretary of Homeland 
Security shall waive the grounds of inadmissibility 
under paragraphs (5)(A), (6)(A), (6)(C), (7), (9)(B), 
and (9)(C) of section 212(a), and the grounds of de-
portability under paragraphs (1)(A) (with respect to 
the grounds of inadmissibility waived under this 
paragraph), (1)(B), (1)(C), (3)(A), and (3)(C) of 
section 237(a), with respect to conduct that occurred 
prior to the alien first receiving status as an H–2C 
worker, solely in order to provide the alien with such 
status. 
‘‘(2) ALIEN DESCRIBED.—An alien described in 
this paragraph is an alien who— 
‘‘(A) was unlawfully present in the United 
States on July 11, 2018; and 
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‘‘(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- 
year period ending on July 11, 2018. 
‘‘(3) SPECIAL APPROVAL PROCEDURES.—Before 
an alien described in paragraph (2) can be provided 
with 
nonimmigrant 
status 
under 
section 
101(a)(15)(H)(ii)(C), the alien must depart the 
United States for a period during the interval be-
tween the date of issuance of final rules carrying out 
the AG Act and the date that is 12 months after 
such issuance. If such an alien is the beneficiary of 
an approved H–2C petition, for the purpose of meet-
ing such requirement to depart the United States 
before being provided with nonimmigrant status 
under section 101(a)(15)(H)(ii)(C), the Secretary 
shall authorize parole for the alien to travel to the 
United States without a visa and shall issue an ap-
propriate document authorizing such travel. Prior to 
authorizing parole for the alien, the Secretary shall 
conduct an in person interview, as appropriate, and 
a background check to determine that the alien is 
not inadmissible to the United States under section 
212(a) or deportable under section 237(a), except 
with regard to the grounds of inadmissibility and 
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grounds of deportability waived under paragraph 
(1). 
‘‘(q) 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.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), 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 Se-
curity, who shall distribute them to the worker 
if the worker— 
‘‘(i) applies to the Secretary of Home-
land Security (or the designee of the Sec-
retary) for payment within 120 days of the 
expiration of the alien’s last authorized 
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stay in the United States as an H–2C 
worker, for which they seek amounts from 
the Trust Fund; 
‘‘(ii) establishes to the satisfaction of 
the Secretary of Homeland Security that 
they have complied with the terms and 
conditions of the H–2C program; 
‘‘(iii) once approved by the Secretary 
of Homeland Security for payment, phys-
ically appears at a United States embassy 
or consulate in the worker’s home country; 
and 
‘‘(iv) establishes their identity to the 
satisfaction of the Secretary of Homeland 
Security. 
‘‘(B) 
EXCEPTION.—The 
Secretary 
of 
Homeland Security shall not distribute any 
funds described in subparagraph (A) to a work-
er for any period of employment as an H–2C 
worker during which the worker failed to obtain 
and maintain health insurance required under 
section 107(b) of the AG and Legal Workforce 
Act. 
‘‘(4) 
ADMINISTRATIVE
EXPENSES.—The 
amounts paid into the Trust Fund and held pursu-
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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 
to the Secretary of Homeland Security. 
‘‘(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-
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firmation 
is 
provided 
by 
the 
verification system within the time pe-
riod specified. In no case shall an em-
ployer terminate employment of an in-
dividual because of a failure of the in-
dividual to have identity and work eli-
gibility confirmed under this section 
until a nonconfirmation becomes final. 
Nothing in this clause shall apply to a 
termination of employment for any 
reason other than because of such a 
failure. In no case shall an employer 
rescind the offer of employment to an 
individual because of a failure of the 
individual to have identity and work 
eligibility confirmed under this sub-
section until a nonconfirmation be-
comes final. Nothing in this subclause 
shall apply to a rescission of the offer 
of employment for any reason other 
than because of such a failure. 
‘‘(III) FINAL CONFIRMATION OR 
NONCONFIRMATION
RECEIVED.—If a 
final confirmation or nonconfirmation 
is provided by the verification system 
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