I 
113TH CONGRESS 
1ST SESSION H. R. 1773 
To create a nonimmigrant H–2C work visa program for agricultural workers, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2013 
Mr. GOODLATTE (for himself, Mr. SMITH of Texas, Mr. GOWDY, Mr. 
FARENTHOLD, Mr. WESTMORELAND, Mr. POE of Texas, Mr. HOLDING, 
Mr. PETERSON, and Mr. HURT) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Com-
mittees on Education and the Workforce and Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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 agricultural labor as 
defined in section 3121(g) of the Internal Revenue Code 
of 1986, agriculture as defined in section 3(f) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(f)), the han-
dling, planting, drying, packing, packaging, processing, 
freezing, or grading prior to delivery for storage of any 
agricultural or horticultural commodity in its unmanufac-
tured state, all activities required for the preparation, 
processing or manufacturing of a product of agriculture 
(as such term is defined in such section 3(f)) for further 
distribution, and activities similar to all the foregoing as 
they relate to fish or shellfish in aquaculture facilities.’’. 
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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) AREA OF EMPLOYMENT.—The term ‘area 
of employment’ means the area within normal com-
muting distance of the worksite or physical location 
where the work of the H–2C worker is or will be 
performed. If such work site or location is within a 
Metropolitan Statistical Area, any place within such 
area shall be considered to be within the area of em-
ployment. 
‘‘(2) DISPLACE.—The term ‘displace’ means to 
lay off a worker from a job that is essentially equiv-
alent to the job for which an H–2C worker is 
sought. A job shall not be considered to be ‘essen-
tially equivalent’ to another job unless the job— 
‘‘(A) involves essentially the same respon-
sibilities as such other job; 
‘‘(B) was held by a United States worker 
with substantially equivalent qualifications and 
experience; and 
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‘‘(C) is located in the same area of employ-
ment as the other job. 
‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means an individual who is not an unau-
thorized alien (as defined in section 274A(h)(3)) 
with respect to the employment of the individual. 
‘‘(4) EMPLOYER.—The term ‘employer’ means 
an employer who hires workers to perform agricul-
tural employment. 
‘‘(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 (3) of subsection (b)); and 
‘‘(ii) does not include any situation in 
which the worker is offered, as an alter-
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native to such loss of employment, a simi-
lar employment opportunity with the same 
employer (or, in the case of a placement of 
a worker with another employer under sub-
section (b)(7), with either employer de-
scribed in such subsection) at equivalent or 
higher compensation and benefits than the 
position from which the employee was dis-
charged, 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) PREVAILING WAGE.—The term ‘prevailing 
wage’ means the wage rate paid to workers in the 
same occupation in the area of employment as com-
puted pursuant to section 212(p). 
‘‘(8) 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, is granted asylum under sec-
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tion 208, or is an immigrant otherwise author-
ized, by this Act or by the Secretary of Home-
land Security, to be employed. 
‘‘(b) PETITION.—An employer, or an association act-
ing as an agent or joint employer for its members, that 
seeks the admission into the United States of an H–2C 
worker shall file with the Secretary of Agriculture a peti-
tion attesting to the following: 
‘‘(1) TEMPORARY WORK OR SERVICES.— 
‘‘(A) IN GENERAL.—The employer is seek-
ing to employ a specific number of agricultural 
workers on a temporary basis and will provide 
compensation to such workers at a specified 
wage rate. 
‘‘(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 18 months (ex-
cept for sheepherders) during any contract pe-
riod. 
‘‘(2) 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 jobs 
for which the H–2C worker is sought and to all 
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other temporary workers in the same occupation at 
the place of employment. 
‘‘(3) NONDISPLACEMENT
OF
UNITED
STATES 
WORKERS.—The employer did not displace and will 
not displace a United States worker employed by the 
employer during the period of employment of the H– 
2C worker and during the 30-day period imme-
diately preceding such period of employment in the 
occupation at the place of employment for which the 
employer seeks approval to employ H–2C workers. 
‘‘(4) RECRUITMENT.— 
‘‘(A) IN GENERAL.—The employer— 
‘‘(i) conducted adequate recruitment 
in the area of intended employment before 
filing the attestation; and 
‘‘(ii) was unsuccessful in locating a 
qualified United States worker for the job 
opportunity for which the H–2C worker is 
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 
the local area where the work will be performed, 
except that nothing in this subparagraph shall 
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require the employer to file an interstate job 
order under section 653 of title 20, Code of 
Federal Regulations. The State workforce agen-
cy 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 authorized under section 15 of 
the Wagner-Peyser Act (29 U.S.C. 49l–2). The 
Secretary of Labor shall include links to the of-
ficial 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 shall terminate on the first day 
that work begins for the H–2C worker. 
‘‘(5) OFFERS TO UNITED STATES WORKERS.— 
The employer has offered or will offer the job for 
which the H–2C worker is sought to any eligible 
United States worker who— 
‘‘(A) applies; 
‘‘(B) is qualified for the job; and 
‘‘(C) will be available at the time and place 
of need. 
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This requirement shall not apply to a United States 
worker who applies for the job on or after the first 
day that work begins for the H–2C worker. 
‘‘(6) PROVISION OF INSURANCE.—If the job for 
which the H–2C worker is sought is not covered by 
State workers’ compensation law, the employer will 
provide, at no cost to the worker unless State law 
provides otherwise, insurance covering injury and 
disease arising out of, and in the course of, the 
worker’s employment, which will provide benefits at 
least equal to those provided under the State work-
ers compensation law for comparable employment. 
‘‘(7) REQUIREMENTS FOR PLACEMENT OF H–2C 
WORKERS
WITH
OTHER
EMPLOYERS.—A 
non-
immigrant who is admitted into the United States as 
an H–2C worker may be transferred to another em-
ployer that has filed a petition under this subsection 
and is in compliance with this section. 
‘‘(8) STRIKE
OR
LOCKOUT.—There is not a 
strike or lockout in the course of a labor dispute 
which, under regulations promulgated by the Sec-
retary of Agriculture, precludes the hiring of H–2C 
workers. 
‘‘(9) PREVIOUS
VIOLATIONS.—The employer 
has not, during the previous two-year period, em-
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ployed H–2C workers and knowingly violated a ma-
terial term or condition of approval with respect to 
the employment of domestic or nonimmigrant work-
ers, as determined by the Secretary of Agriculture 
after notice and opportunity for a hearing. 
‘‘(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 a copy of each such 
petition available for public examination, at the employer’s 
principal place of business or worksite. 
‘‘(d) LIST.— 
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture shall maintain a list of the petitions filed 
under subsection (b), which shall— 
‘‘(A) be sorted by employer; and 
‘‘(B) include the number of H–2C workers 
sought, the wage rate, the period of intended 
employment, and the date of need for each 
alien. 
‘‘(2) AVAILABILITY.—The Secretary of Agri-
culture shall make the list available for public exam-
ination. 
‘‘(e) PETITIONING FOR ADMISSION.— 
‘‘(1) CONSIDERATION OF PETITIONS.—For peti-
tions filed and considered under subsection (b)— 
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‘‘(A) the Secretary of Agriculture may not 
require such petition to be filed more than 28 
calendar days before the first date the employer 
requires the labor or services of the H–2C 
worker; 
‘‘(B) unless the Secretary of Agriculture 
determines that the petition is incomplete or ob-
viously 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 no-
tice 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 10 business days of re-
ceipt of the corrected petition, approve or 
deny the petition and provide the petitioner 
with notice of such action by means ensur-
ing same or next day delivery. 
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‘‘(2) PETITION AGREEMENTS.—By filing an H– 
2C petition, a petitioner and each employer consents 
to allow access to the site where the labor is being 
performed to the Department of Agriculture and the 
Department of Homeland Security for the purpose 
of investigations to determine compliance with H–2C 
requirements and the immigration laws. Notwith-
standing any other provision of law, the Depart-
ments of Agriculture and Homeland Security cannot 
delegate their compliance functions to other agencies 
or Departments. 
‘‘(f) ROLES OF AGRICULTURAL ASSOCIATIONS.— 
‘‘(1) PERMITTING
FILING
BY
AGRICULTURAL 
ASSOCIATIONS.—A petition under subsection (b) to 
hire an alien as a temporary agricultural worker 
may be filed by an association of agricultural em-
ployers which use agricultural services. 
‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association is a joint employer 
of temporary agricultural workers, such workers may 
be transferred among its members to perform agri-
cultural services of a temporary nature for which the 
petition was approved. 
‘‘(3) TREATMENT OF VIOLATIONS.— 
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‘‘(A) INDIVIDUAL
MEMBER.—If an indi-
vidual member of a joint employer association 
violates any condition for approval with respect 
to the member’s petition, the Secretary of Agri-
culture shall consider as an employer for pur-
poses of subsection (b)(9) and invoke penalties 
pursuant to subsection (i) against only that 
member of the association unless the Secretary 
of Agriculture determines that the association 
or other member participated in, had knowledge 
of, or had reason to know of the violation. 
‘‘(B) ASSOCIATION OF AGRICULTURAL EM-
PLOYERS.—If an association representing agri-
cultural employers as a joint employer violates 
any condition for approval with respect to the 
association’s petition, the Secretary of Agri-
culture shall consider as an employer for pur-
poses of subsection (b)(9) and invoke penalties 
pursuant to subsection (i) against only the as-
sociation and not any individual member of the 
association, unless the Secretary determines 
that the member participated in, had knowledge 
of, or had reason to know of the violation. 
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‘‘(g) EXPEDITED ADMINISTRATIVE APPEALS.—The 
Secretary of Agriculture shall promulgate regulations to 
provide for an expedited procedure— 
‘‘(1) for the review of a denial of a petition 
under this section by the Secretary; or 
‘‘(2) at the petitioner’s request, for a de novo 
administrative hearing at which new evidence may 
be introduced. 
‘‘(h) MISCELLANEOUS PROVISIONS.— 
‘‘(1) ENDORSEMENT
OF
DOCUMENTS.—The 
Secretary of Homeland Security shall provide for the 
endorsement of entry and exit documents of H–2C 
workers as may be necessary to carry out this sec-
tion and to provide notice for purposes of section 
274A. 
‘‘(2) FEES.— 
‘‘(A) IN GENERAL.—The Secretary of Ag-
riculture shall require, as a condition of approv-
ing the petition, the payment of a fee, in ac-
cordance with subparagraph (B), to recover the 
reasonable cost of processing petitions filed by 
employers or associations of employers seeking 
H–2C workers for jobs of a temporary or sea-
sonal nature, but may not require the payment 
of such fees to recover the costs of processing 
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‘‘(C) METHOD
OF
PAYMENT.—The fees 
collected under this paragraph shall be paid by 
check or money order to the Department of Ag-
riculture. In the case of employers of H–2C 
workers that are members of a joint employer 
association petitioning on their behalf, the ag-
gregate fees for all employers of H–2C workers 
under the petition may be paid by 1 check or 
money order. 
‘‘(i) ENFORCEMENT.— 
‘‘(1) INVESTIGATIONS AND AUDITS.—The Sec-
retary of Agriculture shall be responsible for con-
ducting investigations and random audits of employ-
ers to ensure compliance with the requirements of 
the H–2C program. All monetary fines levied against 
violating employers shall be paid to the Department 
of Agriculture and used to enhance the Department 
of Agriculture’s investigatory and auditing power. 
‘‘(2) FAILURE TO MEET CONDITIONS.—If the 
Secretary of Agriculture finds, after notice and op-
portunity for a hearing, a failure to meet a condition 
of subsection (b), or a material misrepresentation of 
fact in a petition under subsection (b), the Sec-
retary— 
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‘‘(D) may, for a subsequent violation not 
arising out of the prior incident, permanently 
disqualify the employer from the employment of 
H–2C workers. 
‘‘(4) 
PENALTIES
FOR
DISPLACEMENT
OF 
UNITED STATES WORKERS.—If the Secretary of Ag-
riculture finds, after notice and opportunity for a 
hearing, a willful failure to meet a material condition 
of subsection (b) or a willful misrepresentation of a 
material fact in a petition under subsection (b), in 
the course of which failure or misrepresentation the 
employer displaced a United States worker employed 
by the employer during the period of employment of 
the H–2C worker or during the 30-day period pre-
ceding such period of employment, the Secretary— 
‘‘(A) may impose such other administrative 
remedies (including civil money penalties in an 
amount not to exceed $15,000 per violation) as 
the Secretary determines to be appropriate; 
‘‘(B) may disqualify the employer from the 
employment of H–2C workers for a period of 5 
years; and 
‘‘(C) may, for a second violation, perma-
nently disqualify the employer from the employ-
ment of H–2C workers. 
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‘‘(j) FAILURE TO PAY WAGES OR REQUIRED BENE-
FITS.— 
‘‘(1) ASSESSMENT.—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 attested by 
the employer under subsection (b), the Secretary 
shall assess payment of back wages, or such other 
required benefits, due any United States worker or 
H–2C worker employed by the employer in the spe-
cific employment in question. 
‘‘(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 worker; 
and 
‘‘(B) shall be distributed to the worker to 
whom such wages or benefits are due. 
‘‘(k) MINIMUM WAGES, BENEFITS, AND WORKING 
CONDITIONS.— 
‘‘(1) PREFERENTIAL
TREATMENT
OF
ALIENS 
PROHIBITED.— 
‘‘(A) IN GENERAL.—Each employer seek-
ing to hire United States workers shall offer 
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such workers not less than the same benefits, 
wages, and working conditions that the em-
ployer is offering, intends to offer, or will pro-
vide to H–2C workers. No job offer may impose 
on United States workers any restrictions or 
obligations which will not be imposed on the 
employer’s 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 workers under subsection (b) shall 
pay not less than the greater of— 
‘‘(i) the prevailing wage level for the 
occupational classification in the area of 
employment; or 
‘‘(ii) the applicable Federal, State, or 
local minimum wage, whichever is greatest. 
‘‘(B) SPECIAL
RULE.—An employer can 
utilize a piece rate or other alternative wage 
payment system as long as the employer guar-
antees each worker a wage rate that equals or 
exceeds the amount required under subpara-
graph (A). 
‘‘(3) EMPLOYMENT GUARANTEE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) REQUIREMENT.—Each employer 
petitioning for workers under subsection 
(b) shall guarantee to offer the worker em-
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ployment for the hourly equivalent of not 
less than 50 percent of the work hours 
during the total anticipated period of em-
ployment, beginning with the first work 
day after the arrival of the worker at the 
place of employment and ending on the ex-
piration date specified in the job offer. 
‘‘(ii) 
FAILURE
TO
MEET
GUAR-
ANTEE.—If the employer affords the 
United States worker or the H–2C worker 
less employment than that required under 
this subparagraph, the employer shall pay 
such worker the amount which the worker 
would have earned if the worker had 
worked for the guaranteed number of 
hours. 
‘‘(iii) PERIOD OF EMPLOYMENT.—For 
purposes of this subparagraph, the term 
‘period of employment’ means the total 
number of anticipated work hours and 
workdays described in the job offer and 
shall exclude the worker’s Sabbath and 
Federal holidays. 
‘‘(B) 
CALCULATION
OF
HOURS.—Any 
hours which the worker fails to work, up to a 
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maximum of the number of hours specified in 
the job offer for a work day, when the worker 
has 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 job offer in a work day, 
on the worker’s Sabbath, or on Federal holi-
days) may be counted by the employer in calcu-
lating whether the period of guaranteed employ-
ment has been met. 
‘‘(C) LIMITATION.—If the worker volun-
tarily abandons employment before the end of 
the contract period, or is terminated for cause, 
the worker is 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 job offer, the services of the 
worker 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 
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before the employment guarantee in sub-
paragraph (A) is fulfilled, the employer 
may terminate the worker’s 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 after the arrival of the worker 
and ending on the date on which such 
employment is terminated; 
‘‘(II) make efforts to transfer the 
United States worker to other com-
parable employment acceptable to the 
worker; and 
‘‘(III) not later than 24 hours 
after termination, notify (or have an 
association acting as an agent for the 
employer notify) the Secretary of 
Homeland Security of such termi-
nation. 
‘‘(l) PERIOD OF ADMISSION.— 
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‘‘(1) IN GENERAL.—An H–2C worker shall be 
admitted for a period of employment, not to exceed 
18 months (or 36 months as provided in subsection 
(o)(3)(A) for a worker employed in a job that is not 
of a temporary or seasonal nature), and except for 
sheepherders, that includes— 
‘‘(A) a period of not more than 7 days 
prior to the beginning of the period of employ-
ment for the purpose of travel to the work site; 
and 
‘‘(B) a period of not more than 14 days 
following the period of employment for the pur-
pose of departure or a period of not more than 
30 days following the period of employment for 
the purpose of seeking a subsequent offer of 
employment by an employer pursuant to a peti-
tion under this section (or pursuant to at-will 
employment pursuant to section 218B during 
such time as that section is in effect). An H– 
2C worker who does not depart within these pe-
riods will be considered to have failed to main-
tain nonimmigrant status as an H–2C worker 
and shall be subject to removal under section 
237(a)(1)(C)(i). Such alien shall be considered 
to 
be 
inadmissible 
pursuant 
to 
section 
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212(a)(9)(B)(i) for having been unlawfully 
present, with the alien considered to have been 
unlawfully present for 180 days as of the 15th 
day following the period of employment for the 
purpose of departure or as of the 31st day fol-
lowing the period of employment for the pur-
pose of seeking a subsequent offer of employ-
ment where the alien has not found at-will em-
ployment with a registered agricultural em-
ployer pursuant to section 218B or employment 
pursuant to this section. 
‘‘(2) EMPLOYMENT LIMITATION.—An alien may 
not be employed during the 14-day period described 
in paragraph (1)(B) except in the employment for 
which the alien is otherwise authorized. 
‘‘(m) ABANDONMENT OF EMPLOYMENT.— 
‘‘(1) IN GENERAL.—An alien admitted or pro-
vided status under section 101(a)(15)(H)(ii)(c) who 
abandons the employment which was the basis for 
such admission or status— 
‘‘(A) shall have failed to maintain non-
immigrant status as an H–2C worker; 
‘‘(B) shall depart the United States or be 
subject 
to 
removal 
under 
section 
237(a)(1)(C)(i); and 
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‘‘(C) shall be considered to be inadmissible 
pursuant to section 212(a)(9)(B)(i) for having 
been unlawfully present, with the alien consid-
ered to have been unlawfully present for 180 
days as of the 15th day following the date of 
the abandonment of employment. 
‘‘(2) REPORT BY EMPLOYER.—Not later than 
24 hours after an employer learns of the abandon-
ment of employment by an H–2C worker, the em-
ployer or association acting as an agent for the em-
ployer, shall notify the Secretary of Homeland Secu-
rity of such abandonment. 
‘‘(3) REMOVAL.—The Secretary of Homeland 
Security shall promptly remove from the United 
States any H–2C worker who violates any term or 
condition of the worker’s nonimmigrant status. 
‘‘(4) 
VOLUNTARY
TERMINATION.—Notwith-
standing paragraph (1), an alien may voluntarily 
terminate the alien’s employment if the alien 
promptly departs the United States upon termi-
nation of such employment. An alien who voluntarily 
terminates the alien’s employment and who does not 
depart within 14 days shall be considered to have 
failed to maintain nonimmigrant status as an H–2C 
worker and shall be subject to removal under section 
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237(a)(1)(C)(i). Such alien shall be considered to be 
inadmissible pursuant to section 212(a)(9)(B)(i) for 
having been unlawfully present, with the alien con-
sidered to have been unlawfully present for 180 days 
as of the 15th day following the voluntary termi-
nation of employment. 
‘‘(n) REPLACEMENT OF ALIEN.—An employer may 
designate an eligible alien to replace an H–2C worker who 
abandons employment notwithstanding the numerical limi-
tation found in section 214(g)(1)(C). 
‘‘(o) EXTENSION OF STAY OF H–2C WORKERS IN 
THE UNITED STATES.— 
‘‘(1) EXTENSION
OF
STAY.—If an employer 
seeks approval to employ an H–2C worker who is 
lawfully present in the United States, the petition 
filed by the employer or an association pursuant to 
subsection (b) shall request an extension of the 
alien’s stay and, if applicable, a change in the alien’s 
employment. 
‘‘(2) WORK AUTHORIZATION UPON FILING PE-
TITION FOR EXTENSION OF STAY.— 
‘‘(A) IN GENERAL.—An alien who is law-
fully present in the United States on the date 
of the filing of a petition to extend the stay of 
the alien may commence or continue the em-
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ployment described in a petition under para-
graph (1) until and unless the petition is de-
nied. The employer shall provide a copy of the 
employer’s petition for extension of stay to the 
alien. The alien shall keep the petition with the 
alien’s identification and employment eligibility 
document, as evidence that the petition has 
been filed and that the alien is authorized to 
work in the United States. 
‘‘(B) EMPLOYMENT
ELIGIBILITY
DOCU-
MENT.—Upon approval of a petition for an ex-
tension of stay or change in the alien’s author-
ized employment, the Secretary of Homeland 
Security shall provide a new or updated employ-
ment eligibility document to the alien indicating 
the new validity date, after which the alien is 
not required to retain a copy of the petition. 
‘‘(C) FILE DEFINED.—In this paragraph, 
the term ‘file’ means sending the petition by 
certified mail via the United States Postal Serv-
ice, return receipt requested, or delivering by 
guaranteed commercial delivery which will pro-
vide the employer with a documented acknowl-
edgment of the date of receipt of the petition 
for an extension of stay. 
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‘‘(3) LIMITATION ON AN INDIVIDUAL’S STAY IN 
STATUS.— 
‘‘(A) MAXIMUM
PERIOD.—The maximum 
continuous period of authorized status as an 
H–2C worker (including any extensions) is 18 
months for a worker employed in a job that is 
of a temporary or seasonal nature. For an H– 
2C worker employed in a job that is not of a 
temporary or seasonal nature, the initial max-
imum continuous period of authorized status is 
36 months and subsequent maximum contin-
uous periods of authorized status are 18 
months. There is no maximum continuous pe-
riod of authorized status for a sheepherder. 
‘‘(B) REQUIREMENT TO REMAIN OUTSIDE 
THE UNITED STATES.—In the case of an alien 
outside the United States who was employed in 
a job of a temporary or seasonal nature pursu-
ant to section 101(a)(15)(H)(ii)(c) whose period 
of authorized status as an H–2C worker (in-
cluding any extensions) has expired, the alien 
may not again be admitted to the United States 
as an H–2C worker unless the alien has re-
mained outside the United States for a contin-
uous period equal to at least 1⁄6 the duration of 
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the alien’s previous period of authorized status 
as an H–2C worker. For an alien outside the 
United States who was employed in a job not 
of a temporary or seasonal nature pursuant to 
section 101(a)(15)(H)(ii)(c) whose period of au-
thorized status as an H–2C worker (including 
any extensions) has expired, the alien may not 
again be admitted to the United States as an 
H–2C worker unless the alien has remained 
outside the United States for a continuous pe-
riod equal to at least the lesser of 1⁄6 the dura-
tion of the alien’s previous period of authorized 
status as an H–2C worker or 3 months. There 
is no requirement to remain outside the United 
States for sheepherders. 
‘‘(p) ADJUSTMENT
OF STATUS.—Notwithstanding 
any other provision of law, an alien who is unlawfully 
present in the United States on April 25, 2013, is eligible 
to adjust status to that of an H–2C worker. 
‘‘(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 
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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.), all employers of H–2C workers 
shall withhold from the wages of the workers an 
amount equivalent to 10 percent of the wages 
of each worker and pay such withheld amount 
into the Trust Fund. 
‘‘(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 shall 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 Rev-
enue Code of 1986 had the H–2C workers been 
subject to such chapters. 
Amounts withheld under this paragraph shall be 
maintained in such interest bearing account with 
such a financial institution as the Secretary of Agri-
culture shall specify. 
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‘‘(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 paid by the Secretary of 
State to the worker if— 
‘‘(A) the worker applies to the Secretary of 
State (or the designee of such Secretary) for 
payment within 30 days of the expiration of the 
alien’s last authorized stay in the United States 
as an H–2C worker at a United States embassy 
or consulate in the worker’s home country; 
‘‘(B) in such application the worker estab-
lishes that the worker has complied with the 
terms and conditions of the H–2C program; 
and 
‘‘(C) in connection with the application, 
the H–2C worker confirms their identity. 
‘‘(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 paid to the Secretary of State, the Sec-
retary of Agriculture, and the Secretary of Home-
land Security in amounts equivalent to the expenses 
incurred by such officials in the administration of 
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the H–2C program not reimbursed pursuant to sub-
section (h)(2) or section 218B(b). 
‘‘(r) INVESTMENT OF TRUST FUND.— 
‘‘(1) 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 Secretary’s judg-
ment, 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. For such purpose, such obligations 
may be acquired— 
‘‘(A) on original issue at the price; or 
‘‘(B) by purchase of outstanding obliga-
tions at the market price. 
The purposes for which obligations of the United 
States may be issued under chapter 31 of title 31, 
United States Code, are hereby extended to author-
ize the issuance at par of special obligations exclu-
sively to the Trust Fund. Such special obligations 
shall bear interest at a rate equal to the average 
rate of interest, computed as to the end of the cal-
endar month next preceding the date of such issue, 
borne by all marketable interest-bearing obligations 
of the United States then forming a part of the pub-
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lic debt, except that where such average rate is not 
a multiple of 1⁄8 of 1 percent, the rate of interest of 
such special obligations shall be the multiple of 1⁄8 
of 1 percent next lower than such average rate. Such 
special obligations shall be issued only if the Sec-
retary of the Treasury determines that the purchase 
of other interest-bearing obligations of the United 
States, or of obligations guaranteed as to both prin-
cipal and interest by the United States on original 
issue or at the market price, is not in the public in-
terest. 
‘‘(2) SALE OF OBLIGATION.—Any obligation ac-
quired by the Trust Fund (except special obligations 
issued exclusively to the Trust Fund) may be sold by 
the Secretary of the Treasury at the market price, 
and such special obligations may be redeemed at par 
plus accrued interest. 
‘‘(3) CREDITS TO TRUST FUND.—The interest 
on, and the proceeds from the sale or redemption of, 
any obligations held in the Trust Fund shall be 
credited to and form a part of the Trust Fund. 
‘‘(4) REPORT TO CONGRESS.—It shall be the 
duty of the Secretary of the Treasury to hold the 
Trust Fund, and (after consultation with the Sec-
retary of Agriculture) to report to the Congress each 
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year on the financial condition and the results of the 
operations of the Trust Fund during the preceding 
fiscal year and on its expected condition and oper-
ations during the next fiscal year. Such report shall 
be printed as both a House and a Senate document 
of the session of the Congress to which the report 
is made.’’. 
(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) AT-WILL EMPLOYMENT.— 
‘‘(1) IN GENERAL.—An H–2C worker may per-
form agricultural labor or services for any employer 
that is designated as a ‘registered agricultural em-
ployer’ pursuant to subsection (b). However, an H– 
2C worker may only perform labor or services pursu-
ant 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 non-
immigrant status pursuant to section 218A, and has 
completed the period of employment specified in the 
job offer the worker accepted pursuant to section 
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218A or the employer has terminated the worker’s 
employment pursuant to section 218A(k)(3)(D)(i). 
An H–2C worker who abandons the employment 
which was the basis for admission or status pursu-
ant to section 218A may not perform labor or serv-
ices pursuant to this section until the worker has re-
turned 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 accepted pursuant to section 
218A or the employer has terminated the worker’s 
employment pursuant to section 218A(k)(3)(D)(i). 
‘‘(2) PERIOD OF STAY.—An H–2C worker per-
forming such labor or services for a registered agri-
cultural employer is subject to the period of admis-
sion, limitation of stay in status, and requirement to 
remain outside the United States contained in sub-
sections (l) and (o)(3) of section 218A. 
‘‘(3) TERMINATION OF EMPLOYMENT.—At the 
conclusion of at-will employment with a registered 
agricultural employer or the conclusion of employ-
ment pursuant to section 218A qualifying an H–2C 
worker to perform at-will work pursuant to this sec-
tion, an H–2C worker shall find at-will employment 
with a registered agricultural employer or employ-
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ment pursuant to section 218A within 30 days or 
will be considered to have failed to maintain non-
immigrant status as an H–2C worker and shall de-
part from the United States or be subject to removal 
under section 237(a)(1)(C)(i). An H–2C worker who 
does not so depart shall be considered to be inadmis-
sible pursuant to section 212(a)(9)(B)(i) for having 
been unlawfully present, with the alien considered to 
have been unlawfully present for 180 days as of the 
31st day after conclusion of employment where the 
alien has not found at-will employment with a reg-
istered agricultural employer or employment pursu-
ant to section 218A. However, an alien may volun-
tarily terminate the alien’s employment if the alien 
promptly departs the United States upon termi-
nation of such employment. Either a registered agri-
cultural employer or an H–2C worker may volun-
tarily terminate the worker’s at-will employment at 
any time. The H–2C worker then shall find addi-
tional at-will employment with a registered agricul-
tural employer or employment pursuant to section 
218A within 30 days or will be considered to have 
failed to maintain nonimmigrant status as an H–2C 
worker and shall depart from the United States or 
be subject to removal under section 237(a)(1)(C)(i). 
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An H–2C worker who does not so depart shall be 
considered to be inadmissible pursuant to section 
212(a)(9)(B)(i) for having been unlawfully present, 
with the alien considered to have been unlawfully 
present for 180 days as of the 31st day after conclu-
sion of employment where the alien has not found 
at-will employment with a registered agricultural 
employer or employment pursuant to section 218A. 
‘‘(b) 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 peti-
tion, the payment of a fee to recover the reasonable cost 
of processing the application. The Secretary shall des-
ignate an employer as a registered agricultural employer 
if the Secretary determines that the employer— 
‘‘(1) employs individuals who perform agricul-
tural labor or services; 
‘‘(2) has not been subject to debarment from 
receiving future temporary agricultural labor certifi-
cations pursuant to section 101(a)(15)(H)(ii)(a) 
within the last five years; 
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‘‘(3) has not been subject to disqualification 
from the employment of H–2C workers within the 
last five years, 
‘‘(4) agrees to, if employing an H–2C worker 
pursuant to this section, abide by the terms of the 
attestations contained in section 218A(b) and the 
obligations contained in subsections (k) (excluding 
paragraph (3) of such subsection) and (q) of section 
218A as if it had submitted a petition making those 
attestations and accepting those obligations, and 
‘‘(5) agrees to notify the Secretary of Agri-
culture and the Secretary of Homeland Security 
each time it employs an H–2C worker pursuant to 
this section within 24 hours of the commencement of 
employment and each time an H–2C worker ceases 
employment within 24 hours of the cessation of em-
ployment. 
‘‘(c) 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 three year term if the employer is subject to disquali-
fication from the employment of H–2C workers subse-
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quent to being designated as a registered agricultural em-
ployer. 
‘‘(d) ENFORCEMENT.—The Secretary of Agriculture 
shall be responsible for conducting investigations and ran-
dom audits of employers to ensure compliance with the 
requirements of this section. All monetary fines levied 
against violating employers shall be paid to the Depart-
ment of Agriculture and used to enhance the Department 
of Agriculture’s investigatory and audit power. The Sec-
retary of Agriculture’s enforcement powers and an em-
ployer’s liability described in subsections (i) through (j) 
of section 218A are applicable to employers employing H– 
2C workers pursuant to this section. 
‘‘(e) REMOVAL OF H–2C WORKER.—The Secretary 
of Homeland Security shall promptly remove from the 
United States any H–2C worker who is or had been em-
ployed pursuant to this section on an at-will basis who 
is who violates any term or condition of the worker’s non-
immigrant status.’’. 
(c) PROHIBITION
ON FAMILY MEMBERS.—Section 
101(a)(15)(H) of the Immigration and Nationality Act (8 
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);’’. 
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(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) 
may not exceed 500,000, except that— 
‘‘(i) the Secretary of Agriculture may 
increase or decrease such number based 
on— 
‘‘(I) a shortage or surplus of 
workers performing agricultural labor 
or services; 
‘‘(II) growth or contraction in 
the United States agricultural indus-
try that has increased or decreased 
the demand for workers to perform 
agricultural labor or services; 
‘‘(III) the level of unemployment 
and 
underemployment 
of 
United 
States workers (as defined in section 
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218A(a)(8)) in agricultural labor or 
services; 
‘‘(IV) 
the 
number 
of 
non-
immigrant workers employers sought 
during the preceding fiscal year pur-
suant to clause (a) or (c) of section 
101(a)(15)(H)(ii); 
‘‘(V) the number of H–2C work-
ers (as defined in section 218A(a)(5)) 
who in the preceding fiscal year had 
to depart from the United States or 
be subject to removal under section 
237(a)(1)(C)(i) because they could 
not find additional at-will employment 
within 30 days pursuant to section 
218B; 
‘‘(VI) the estimated number of 
United States workers (as defined in 
section 218A(a)(8)) who worked in 
agriculture during the preceding fiscal 
year pursuant to clause (a) or (c) of 
section 101(a)(15)(H)(ii); and 
‘‘(VII) 
the 
number 
of 
non-
immigrant agricultural workers issued 
a visa or otherwise provided non-
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immigrant status pursuant to clause 
(a) or (c) of section 101(a)(15)(H)(ii) 
during preceding fiscal years who re-
main in the United States out of com-
pliance with the terms of their status; 
‘‘(ii) during any fiscal year, the Sec-
retary of Agriculture may increase such 
number on an emergency basis for severe 
shortages of agricultural labor or services; 
and 
‘‘(iii) this numerical limitation shall 
not apply to any alien who performed agri-
cultural labor or services for not fewer 
than 575 hours or 100 days in which the 
alien was employed 5.75 or more hours 
performing agricultural labor or services 
pursuant to section 7 of the AG Act during 
the 2-year period beginning on the date of 
the enactment of such Act and ending on 
the date that is 2 years after such date.’’. 
(e) WAIVER OF BARS TO ADMISSIBILITY.—Section 
212(a)(9)(B)(v) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(9)(B)(v)) is amended— 
(1) by striking ‘‘The Attorney General’’ and in-
serting the following: 
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‘‘(I) IN
GENERAL.—The Sec-
retary of Homeland Security’’. 
(2) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(3) by adding at the end the following: 
‘‘(II) H–2C WORKERS.—The Sec-
retary of Homeland Security shall 
waive clause (i) solely if necessary to 
allow an alien to come temporarily to 
the United States to perform agricul-
tural labor or services as provided in 
section 101(a)(15)(H)(ii)(c), except to 
the extent that the alien’s unlawful 
presence followed after the alien’s 
having the status of a nonimmigrant 
under such section.’’. 
(f) PREVAILING WAGE.—Section 212(p) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(p)) is amend-
ed— 
(1) in paragraph (1), by adding ‘‘and section 
218A’’ after ‘‘of this section’’; and 
(2) in paragraph (3), by adding ‘‘and section 
218A’’ after ‘‘of this section’’. 
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(g) 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: 
‘‘Sec. 218A. Admission of temporary H–2C workers. 
‘‘Sec. 218B. At-will employment of temporary H–2C workers.’’. 
SEC. 4. MEDIATION. 
A nonimmigrant 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 a civil 
action for damages against the nonimmigrant’s employer, 
nor may any other attorney or individual bring a civil ac-
tion for damages on behalf of such a nonimmigrant 
against the nonimmigrant’s employer, unless at least 90 
days prior to bringing the 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 attempted. 
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 
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(c) of section 101(a)(15)(H)(ii), and section 214(c), of the 
Immigration and Nationality Act.’’. 
SEC. 6. BINDING ARBITRATION. 
(a) APPLICABILITY.—Any H–2C worker may, as a 
condition of employment with an employer, be subject to 
mandatory binding arbitration and mediation of any griev-
ance relating to the employment relationship. An employer 
shall provide any such worker with notice of such condi-
tion of employment at the time the job offer is made. 
(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-
er, 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, the job responsibilities, the employee conduct 
standards, and the grievance resolution process, and 
to which an applicant or prospective H–2C worker 
must consent or accept in order to be hired for the 
position. 
(2) The term ‘‘H–2C worker’’ means a non-
immigrant described in section 101(a)(15)(H)(ii)(c) 
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of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(ii)(c)). 
SEC. 7. THE PERFORMANCE OF AGRICULTURAL LABOR OR 
SERVICES BY ALIENS WHO ARE UNLAWFULLY 
PRESENT. 
The Secretary of Homeland Security shall waive the 
grounds of inadmissibility contained in paragraphs (5), 
(6), (7), and (9)(B) of section 212(a), and the grounds 
of deportability contained in subparagraphs (A) through 
(D) of paragraph (1), and paragraph (3), of section 
237(a), of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) in the case of an alien physically present 
in the United States as of April 25, 2013, solely as may 
be necessary in order to allow the alien to perform agricul-
tural labor or services. Such alien shall not be considered 
an unauthorized alien for purposes of section 274A(h)(3) 
of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3)) or to be unlawfully present as long as the 
alien performs such labor or services. 
SEC. 8. ELIGIBILITY FOR FEDERAL PUBLIC BENEFITS AND 
REFUNDABLE TAX CREDITS. 
(a) FEDERAL PUBLIC BENEFITS.—H–2C workers 
(as defined in section 218A(a)(5) of the Immigration and 
Nationality Act, as inserted by section 3(a) of this Act) 
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and aliens performing agricultural labor or services pursu-
ant to section 7 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; 
(2) shall be subject to the rules applicable to in-
dividuals who are not lawfully present set forth in 
subsection (e) of such section; and 
(3) 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 inserted by section 3(a) of this Act) and 
aliens performing agricultural labor or services pursuant 
to section 7 of this Act shall not be allowed any credit 
under section 24 or 32 of the Internal Revenue Code of 
1986. In the case of a joint return, no credit shall be al-
lowed under either such section if both spouses are such 
a worker or alien. 
SEC. 9. EFFECTIVE DATES; SUNSET; REGULATIONS. 
(a) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendments made by 
sections 2 and 4 through 6, and subsections (a) and 
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(c) through (f) of section 3, of this Act shall take 
effect on the date that is 2 years after the date of 
the enactment of this Act, and the Secretary of Ag-
riculture shall accept petitions to import an alien 
under sections 101(a)(15)(H)(ii)(c) and 218A of the 
Immigration and Nationality Act, as inserted by this 
Act, beginning on such date. 
(2) AT-WILL
EMPLOYMENT.—The amendment 
made by section 3(b) of this Act shall take effect on 
the date that it becomes unlawful for any person or 
other entity 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 Immigra-
tion and Nationality Act) (8 U.S.C. 1324a(a)(1)) 
without participating in the E-Verify Program de-
scribed in section 403(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note) or an employment eligibility 
verification system patterned on such program’s 
verification system, and only if at that time the E- 
Verify Program (or another program patterned after 
the E-Verify Program) responds to inquiries made 
by such persons or entities by providing confirma-
tion, tentative nonconfirmation, and final noncon-
firmation of an individual’s identity and employment 
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eligibility in such a way that indicates whether the 
individual is eligible to be employed in all occupa-
tions or only to perform agricultural labor or serv-
ices pursuant to section 101(a)(15)(H)(ii)(c) of the 
Immigration and Nationality Act (as inserted by this 
Act), and if the latter, whether the nonimmigrant 
would be in compliance with their maximum contin-
uous period of authorized status and requirement to 
remain outside the United States pursuant to sec-
tions 218A and 218B of such Act (as so added) and 
on what date the alien would cease to be in compli-
ance with their maximum continuous period of au-
thorized status. 
(3) AGRICULTURAL
LABOR
OR
SERVICES
BY 
ALIENS UNLAWFULLY PRESENT.—Section 7 of this 
Act shall take effect on the date of the enactment 
of this Act and shall cease to be in effect on the date 
that is 2 years after such date. 
(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 Federal Register 77110 
et seq. (2008) shall be in force for all petitions ap-
proved under sections 101(a)(15)(H)(ii)(c) and 
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218A of the Immigration and Nationality Act, as in-
serted by this Act, beginning on the date of the en-
actment of this Act. 
(2) 
ADJUSTMENT
OF
STATUS.—Notwith-
standing any other provision of law, an alien who is 
unlawfully present in the United States on the date 
of the enactment of this Act is eligible to adjust sta-
tus to that of an alien described in section 
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) beginning 
on the date of the enactment of this Act and ending 
on the date that is 2 years after the date of the en-
actment of this Act. 
(3) SUNSET.—Beginning on the date that is 2 
years after the date of the enactment of this Act, no 
new petition to import an alien 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) shall be ac-
cepted. 
(c) REGULATIONS.—Not later than 18 months after 
the date of the enactment of this Act, the Secretary of 
Agriculture shall promulgate regulations, in accordance 
with the notice and comment provisions of section 553 of 
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title 5, United States Code, to implement the Secretary’s 
duties under this Act. 
Æ 
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