subparagraph, the hourly equivalent means the 
number of hours in the work days as stated in 
the job offer and shall exclude the worker’s 
Sabbath and Federal holidays. If the employer 
affords the United States or H–2A worker less 
employment than that required under this para-
graph, the employer shall pay such worker the 
amount which the worker would have earned 
had the worker, in fact, worked for the guaran-
teed number of hours. 
‘‘(B) FAILURE
TO
WORK.—Any hours 
which the worker fails to work, up to a max-
imum 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 vol-
untary 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 holidays) may 
be counted by the employer in calculating 
whether the period of guaranteed employment 
has been met. 
‘‘(C) ABANDONMENT
OF
EMPLOYMENT, 
TERMINATION FOR CAUSE.—If the worker vol-
untarily abandons employment before the end
of the contract period, or is terminated for 
cause, the worker is not entitled to the ‘three-
fourths guarantee described in subparagraph 
(A). 
‘‘(D) CONTRACT
IMPOSSIBILITY.—If, be-
fore the expiration of the period of employment 
specified in the job offer, the services of the 
worker are no longer required for reasons be-
yond the control of the employer due to any 
form of natural disaster, including but not lim-
ited to a flood, hurricane, freeze, earthquake, 
fire, drought, plant or animal disease or pest in-
festation, or regulatory drought, before the 
guarantee in subparagraph (A) is fulfilled, the 
employer may terminate the worker’s employ-
ment. In the event of such termination, the em-
ployer shall fulfill the employment guarantee in 
subparagraph (A) for the work days that have 
elapsed from the first work day after the arrival 
of the worker to the termination of employ-
ment. In such cases, the employer will make ef-
forts to transfer the United States worker to 
other comparable employment acceptable to the 
worker.
‘‘(o) PETITIONING FOR ADMISSION.—An employer, 
or an association acting as an agent or joint employer for 
its members, that seeks the admission into the United 
States of an H–2A worker must file a petition with the 
Secretary. The petition shall be accompanied by the cer-
tification described in section 101(a)(15)(H)(ii)(a). 
‘‘(p) EXPEDITED
ADJUDICATION
BY
THE
SEC-
RETARY.—The Secretary shall establish a procedure for 
expedited adjudication of petitions filed under subsection 
(o) and within 7 working days shall, by fax, cable, or other 
means assuring expedited delivery, transmit a copy of no-
tice of action on the petition to the petitioner and, in the 
case of approved petitions, to the appropriate immigration 
officer at the port of entry or United States consulate (as 
the case may be) where the petitioner has indicated that 
the alien beneficiary (or beneficiaries) will apply for a visa 
or admission to the United States. 
‘‘(q) DISQUALIFICATION.—
‘‘(1) Subject to paragraph (2), an alien shall be 
considered inadmissible to the United States and in-
eligible for nonimmigrant status under section 
101(a)(15)(H)(ii)(a) if the alien has, at any time 
during the past 5 years, violated a term or condition 
of admission into the United States as a non-
immigrant, including overstaying the period of au-
thorized admission. 
‘‘(2) WAIVERS.—
‘‘(A) IN GENERAL.—An alien outside the 
United States, and seeking admission under 
section 
101(a)(15)(H)(ii)(a) 
shall 
not 
be 
deemed inadmissible under such section by rea-
son of paragraph (1) or section 212(a)(9)(B). A 
waiver under this subparagraph may be granted 
only once to an individual alien. 
‘‘(B) LIMITATION.—In any case in which 
an alien is admitted to the United States upon 
having a ground of inadmissibility waived under 
subparagraph (A), such waiver shall be consid-
ered to remain in effect unless the alien again 
violates a material provision of this section or 
otherwise violates a term or condition of admis-
sion into the United States as a nonimmigrant, 
in which case such waiver shall terminate. 
‘‘(r) PERIOD OF ADMISSION.—
‘‘(1) IN GENERAL.—The alien shall be admitted 
for the period of employment in the application 
under subsection (a), not to exceed 10 months, sup-
plemented by a period of up to 1 week before the be-
ginning of the period of employment (to be granted
for the purpose of travel to the work site) and a pe-
riod of 14 days following the period of employment 
(to be granted for the purpose of departure or exten-
sion based on a subsequent offer of employment), ex-
cept that—
‘‘(A) the alien is not authorized to be em-
ployed during such 14-day period except in the
employment for which the alien was previously 
authorized; and 
‘‘(B) the total period of employment, in-
cluding such 14-day period, may not exceed 10 
months. 
‘‘(2) CONSTRUCTION.—Nothing in this sub-
section shall limit the authority of the Secretary to 
extend the stay of the alien under any other provi-
sion of this Act. 
‘‘(s) ABANDONMENT OF EMPLOYMENT.—
‘‘(1) IN GENERAL.—An alien admitted or pro-
vided status under section 101(a)(15)(H)(ii)(a) who 
abandons the employment which was the basis for 
such admission or status shall be considered to have 
failed to maintain nonimmigrant status as an H–2A 
worker and shall depart the United States or be sub-
ject to removal under section 237(a)(1)(C)(i).
‘‘(2) REPORT
BY
EMPLOYER.—The employer 
(or association acting as agent for the employer) 
shall notify the Secretary within 7 days of an H–2A 
worker’s having prematurely abandoned employ-
ment. 
‘‘(3) REMOVAL BY THE SECRETARY.—The Sec-
retary shall promptly remove from the United States 
any H–2A worker who violates any term or condi-
tion of the worker’s nonimmigrant status. 
‘‘(4) 
VOLUNTARY
TERMINATION.—Notwith-
standing paragraph (1), an alien may voluntarily 
terminate his or her employment if the alien prompt-
ly departs the United States upon termination of 
such employment. 
‘‘(t) REPLACEMENT OF ALIEN.—
‘‘(1) IN GENERAL.—Upon presentation of the 
notice to the Secretary required by subsection (q)(2), 
the Secretary of State shall promptly issue a visa to, 
and the Secretary shall admit into the United 
States, an eligible alien designated by the employer 
to replace an H–2A worker—
‘‘(A) who abandons or prematurely termi-
nates employment; or 
‘‘(B) whose employment is terminated 
after a United States worker is employed pur-
suant to subsection (a)(6), if the United States 
worker voluntarily departs before the end of the 
period of intended employment or if the employ-
ment termination is for a lawful job-related rea-
son. 
‘‘(2) CONSTRUCTION.—Nothing in this sub-
section is intended to limit any preference required 
to be accorded United States workers under any 
other provision of this Act. 
‘‘(u) IDENTIFICATION DOCUMENT.—
‘‘(1) IN GENERAL.—Each alien authorized to be 
admitted under section 101(a)(15)(H)(ii)(a) shall be 
provided an identification and employment eligibility 
document to verify eligibility for employment in the 
United States and verify such person’s proper iden-
tity. 
‘‘(2) REQUIREMENTS.—No identification and 
employment eligibility document may be issued 
which does not meet the following requirements: 
‘‘(A) The document shall be capable of re-
liably determining whether—
‘‘(i) the individual with the identifica-
tion and employment eligibility document 
whose eligibility is being verified is in fact 
eligible for employment;
‘‘(ii) the individual whose eligibility is 
being verified is claiming the identity of 
another person; and 
‘‘(iii) the individual whose eligibility is 
being verified is authorized to be admitted 
into, and employed in, the United States 
as an H–2A worker. 
‘‘(B) The document shall be in a form that 
is resistant to counterfeiting and to tampering. 
‘‘(C) The document shall—
‘‘(i) be compatible with other data-
bases of the Secretary for the purpose of 
excluding aliens from benefits for which 
they are not eligible and determining 
whether the alien is unlawfully present in 
the United States; and 
‘‘(ii) be compatible with law enforce-
ment databases to determine if the alien 
has been convicted of criminal offenses. 
‘‘(v) EXTENSION OF STAY OF H–2A ALIENS IN THE 
UNITED STATES.—
‘‘(1) EXTENSION
OF
STAY.—If an employer 
seeks approval to employ an H–2A alien who is law-
fully present in the United States, the petition filed 
by the employer or an association pursuant to sub-
section (o) shall request an extension of the alien’s 
stay and a change in the alien’s employment. 
‘‘(2) LIMITATION ON FILING PETITION FOR EX-
TENSION OF STAY.—A petition may not be filed for 
an extension of an alien’s stay—
‘‘(A) for a period of more than 10 months; 
or 
‘‘(B) to a date that is more than 2 years 
after the date of the alien’s last admission to 
the United States under this section. 
‘‘(3) WORK AUTHORIZATION UPON FILING PE-
TITION FOR EXTENSION OF STAY.—In the case of an 
alien who is lawfully present in the United States, 
the alien is authorized to commence the employment 
described in a petition under paragraph (1) on the 
date on which the petition is filed. For purposes of 
the preceding sentence, the term ‘file’ means sending 
the petition by certified mail via the United States 
Postal Service, return receipt requested, or delivered 
by guaranteed commercial delivery which will provide 
the employer with a documented acknowledgment of 
the date of receipt of the petition. The employer 
shall provide a copy of the employer’s petition to the 
alien, who 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. 
Upon approval of a petition for an extension of stay 
or change in the alien’s authorized employment, the 
Secretary shall provide a new or updated employ-
ment eligibility document to the alien indicating the
new validity date, after which the alien is not re-
quired to retain a copy of the petition. 
‘‘(4) LIMITATION ON AN INDIVIDUAL’S STAY IN 
STATUS.—
‘‘(A) MAXIMUM
PERIOD.—The maximum 
continuous period of authorized status as an 
H–2A worker (including any extensions) is 2 
years. 
‘‘(B) REQUIREMENT TO REMAIN OUTSIDE 
THE UNITED STATES.—
‘‘(i) IN GENERAL.—Subject to clause 
(ii), in the case of an alien outside the 
United States whose period of authorized 
status as an H–2A worker (including any 
extensions) has expired, the alien may not 
again apply for admission to the United 
States as an H–2A worker unless the alien 
has remained outside the United States for 
a continuous period equal to at least 1⁄5
the duration of the alien’s previous period 
of authorized status as an H–2A worker 
(including any extensions). 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply in the case of an alien if the 
alien’s period of authorized status as an 
H–2A worker (including any extensions) 
was for a period of not more than 10 
months and such alien has been outside 
the United States for at least 2 months 
during the 12 months preceding the date 
the alien again is applying for admission to 
the United States as an H–2A worker. 
‘‘(w) SPECIAL RULES FOR ALIENS EMPLOYED AS 
SHEEPHERDERS.—Notwithstanding any other provision 
of 
this 
section, 
aliens 
admitted 
under 
section 
101(a)(15)(H)(ii)(a) for employment as sheepherders—
‘‘(1) may be admitted for a period of 12 
months; and 
‘‘(2) shall not be subject to the requirements of 
subsection (v)(4)(B). 
‘‘(x) DEFINITIONS.—For purposes of this section: 
‘‘(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–2A worker is or will be 
performed. If such worksite or location is within a 
Metropolitan Statistical Area, any place within such 
area is deemed to be within the area of employment. 
‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means, with respect to employment, an 
individual who is not an unauthorized alien (as de-
fined in section 274A(h)(3)) with respect to that em-
ployment. 
‘‘(3) DISPLACE.—In the case of an application 
with respect to one or more H–2A workers by an 
employer, the employer is considered to ‘displace’ a 
United States worker from a job if the employer lays 
off the worker from a job that is essentially the 
equivalent of the job for which the H–2A worker or 
workers is or are sought. A job shall not be consid-
ered to be essentially equivalent of another job un-
less it involves essentially the same responsibilities, 
was held by a United States worker with substan-
tially equivalent qualifications and experience, and is 
located in the same area of employment as the other 
job. 
‘‘(4) H–2A WORKER.—The term ‘H–2A worker’ 
means 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(a).
‘‘(5) LAYS OFF.—
‘‘(A) IN GENERAL.—The term ‘lays off’, 
with respect to a worker—
‘‘(i) means to cause the 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) or (8) of subsection (a); 
but 
‘‘(ii) does not include any situation in 
which the worker is offered, as an alter-
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 (a)(8), 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.