U.S.C. 5195c(e))), but only to the extent 
of such individuals. 
‘‘(iii) OTHER ENTITIES.—All persons 
and entities other than those described in 
clause (ii) must make an inquiry, as pro-
vided 
in 
paragraph 
(7), 
using 
the 
verification system to seek verification of 
the identity and employment eligibility of 
all individuals employed by the person or 
entity who have not been previously subject 
to an inquiry by the person or entity by 
the date six years after the date of the en-
actment of this paragraph.’’. 
SEC. 4. EXPEDITED REMOVAL. 
(a) IN GENERAL.—Section 235(b)(1)(A)(iii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1225(b)(1)(A)(iii)) is amended— 
(1) in subclause (I), by striking ‘‘Attorney Gen-
eral’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’ each place it appears; and 
(2) by adding at the end the following new sub-
clause: 
‘‘(III) 
EXCEPTION.—Notwith-
standing subclauses (I) and (II), the 
Secretary of Homeland Security shall 
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apply clauses (i) and (ii) of this sub-
paragraph to any alien (other than an 
alien described in subparagraph (F)) 
who is not a national of a country 
contiguous to the United States, who 
has not been admitted or paroled into 
the United States, and who is appre-
hended within 100 miles of a port or 
an international land border of the 
United States and within 14 days of 
entry.’’. 
(b) EXCEPTIONS.—Section 235(b)(1)(F) of the Im-
migration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) 
is amended by striking ‘‘who arrives by aircraft at a port 
of entry’’ and inserting ‘‘, and who arrives by aircraft at 
a port of entry or who is present in the United States 
and arrived in any manner at or between a port of entry’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to all aliens apprehended on 
or after such date. 
SEC. 5. NONIMMIGRANT SEASONAL AGRICULTURAL PRO-
GRAM. 
(a) PROVIDING NEW ‘‘W’’ NONIMMIGRANT CLASSI-
FICATION FOR SEASONAL AGRICULTURAL WORKERS.— 
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Section 101(a)(15) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)) is amended— 
(1) by striking out ‘‘or’’ at the end of subpara-
graph (U); 
(2) by striking the period at the end of sub-
paragraph (V) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(W) an alien having a residence in a for-
eign country which the alien has no intention of 
abandoning who is coming to the United States 
for a period of not longer than 10 consecutive 
months to perform services or labor in agricul-
tural employment (as defined to mean any serv-
ice or activity that is considered to be agricul-
tural under section 3(f) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(f), or 
agricultural labor under section 3121(g) of the 
Internal Revenue Code of 1986 (26 U.S.C. 
3121(g)).’’. 
(b) ESTABLISHMENT OF NONIMMIGRANT SEASONAL 
AGRICULTURAL WORKER PROGRAM.— 
(1) IN GENERAL.—Chapter 2 of title II of such 
Act is amended by adding at the end the following 
new section: 
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‘‘NONIMMIGRANT SEASONAL AGRICULTURAL WORKER 
PROGRAM 
‘‘SEC. 220. (a) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture, in consultation with the Secretary of Labor, 
shall by regulation establish a program (in this sec-
tion referred to as the ‘program’) for the admission 
into the United States of nonimmigrants described 
in section 101(a)(15)(W) (in this section referred to 
as a ‘seasonal agricultural worker’). 
‘‘(2) COMPONENTS
OF
PROGRAM.—The pro-
gram shall include the imposition of monthly and 
annual numerical limitations, established under sub-
section (c), on the issuance of nonimmigrant visas 
for seasonal agricultural worker by agricultural em-
ployment region. These visas shall be made available 
subject to such limitations to such workers in ac-
cordance with the preference system established 
under subsection (d). 
‘‘(3) FREEDOM TO BE EMPLOYED WITHIN AGRI-
CULTURAL EMPLOYMENT REGIONS.—Except as pro-
vided under subsection (e), such a nonimmigrant 
visa shall not limit the geographical area (other than 
by regions established under paragraph (4)) within 
which an alien may be employed or limit the type of 
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agricultural employment, within the production of 
agricultural commodities, the alien may perform. 
‘‘(4) DESIGNATION OF AGRICULTURAL EMPLOY-
MENT REGIONS.—For purposes of administering the 
program, the Secretary of Agriculture shall des-
ignate not more than 10 agricultural employment re-
gions within the United States. 
‘‘(b) APPLICATION FOR WORKERS.— 
‘‘(1) IN GENERAL.—Each person who employs 
individuals to perform agricultural employment (in-
cluding an association of such persons and a person 
who contracts for the performance of seasonal agri-
cultural work) in the production of agricultural com-
modities may submit to the Secretary of Agriculture, 
at such time and in such manner as the Secretary 
specifies, an application for seasonal agricultural 
workers. 
‘‘(2) INFORMATION
REQUIRED.—The applica-
tion must specify, for each month concerned and for 
the agricultural employment region in which the per-
son is located— 
‘‘(A) the total number and qualifications of 
seasonal agricultural workers required in the 
production of agricultural commodities in each 
month; and 
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‘‘(B) the type of agricultural work required 
to be performed by these workers. 
‘‘(3) OPTIONAL INFORMATION ON ALIENS PRE-
FERRED.—The person may also include a statement 
indicating a preference as to country of nationality 
of aliens (or names of particular aliens) desired to 
perform labor in any such month. 
‘‘(c) DETERMINATION OF QUOTA BY AGRICULTURAL 
REGION AND MONTH.— 
‘‘(1) IN GENERAL.—Based upon such applica-
tions, taking into consideration the historical em-
ployment needs of agricultural employers and the 
availability of domestic agricultural labor, and after 
consultation with the Secretary of Labor, the Sec-
retary of Agriculture shall establish a numerical lim-
itation, by month and by agricultural employment 
region, on the issuance of nonimmigrant visas to 
seasonal agricultural workers. 
‘‘(2) APPLICATION FOR AN INCREASE WHERE 
EXTRAORDINARY AND UNUSUAL CIRCUMSTANCES.— 
‘‘(A) IN GENERAL.—If an agricultural em-
ployer (or association or representative thereof) 
establishes that extraordinary and unusual cir-
cumstances have resulted in a significant 
change— 
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‘‘(i) in the employer’s need for sea-
sonal agricultural workers specified in the 
application; or 
‘‘(ii) in the availability of domestic 
workers who are able, willing, and qualified 
to perform seasonal agricultural employ-
ment, 
the employer may apply to the Secretary of Ag-
riculture (in such form and manner as the Sec-
retary shall provide) for an increase in the nu-
merical limitations otherwise established under 
paragraph (1) to accommodate such emergency 
need.. 
‘‘(B) TIMELY DETERMINATION ON APPLI-
CATION.—The Secretary of Agriculture shall 
make a determination on an application under 
subparagraph (A) within 72 hours of the date 
the application is completed. 
‘‘(C) INCREASE IN QUOTA.—To the extent 
the application is approved, the Secretary of 
Agriculture shall provide for an appropriate in-
crease in the appropriate numerical limitation. 
‘‘(d) ALLOCATION OF VISAS.— 
‘‘(1) PREFERENCE SYSTEM.—Seasonal agricul-
tural workers who are subject to the numerical limi-
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tations specified in subsection (c) shall be allotted 
nonimmigrant visas as follows: 
‘‘(A) IDENTIFIED WORKERS.—Visas shall 
first be made available to qualified seasonal ag-
ricultural workers specifically identified in peti-
tions submitted under subsection (b)(3). 
‘‘(B) PREVIOUSLY EMPLOYED WORKERS.— 
Visas shall next be made available to qualified 
seasonal agricultural workers who have pre-
viously been employed in seasonal agricultural 
employment in the United States, providing pri-
ority in consideration among such workers in 
the order of the length of time in which they 
were so employed. 
‘‘(C) ORDER IN WHICH APPLIED.—The re-
maining visas shall be made available to other 
qualified seasonal agricultural workers strictly 
in the chronological order in which they qualify. 
Waiting lists of applicants shall be maintained 
in accordance with regulations prescribed by the 
Secretary of State. 
‘‘(2) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—A spouse or child of such a worker is not 
entitled to a visa or such status by virtue of such 
relationship, but may be provided the same status as 
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such a worker if the spouse or child also is a quali-
fied seasonal agricultural worker to perform seasonal 
agricultural employment. 
‘‘(e) STANDARDS
FOR
APPROVAL
OF
APPLICA-
TIONS.— 
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture shall approve an application submitted under 
subsection (b)(1) authorizing a person to employ a 
seasonal agricultural worker if— 
‘‘(A) the person is a producer, and the 
worker is to be employed in seasonal agricul-
tural work; 
‘‘(B) the application complies with the pro-
visions of such subsection and the application 
sets forth the need for such workers; 
‘‘(C) the person has not employed or peti-
tioned for a nonimmigrant described in section 
101(a)(15)(H)(ii)(a) at the time when an appli-
cation on behalf of the person is pending or ap-
proved under this subsection, or during any 
previous period during which the employer had 
an application approved under this section; and 
‘‘(D) the person is not disqualified under 
subsection (f). 
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‘‘(2) REVIEW OF CERTAIN DENIALS.—Except as 
provided under subsection (f), a person who is deter-
mined not to be eligible under paragraph (1) (other 
than because of subparagraph (D) thereof) is enti-
tled to an expedited review of the determination by 
the Secretary of Agriculture. 
‘‘(3) CIVIL
PENALTIES
FOR
UNLAWFUL
EM-
PLOYMENT
OF
SEASONAL
AGRICULTURAL
WORK-
ERS.— 
‘‘(A) IN GENERAL.—It is unlawful for a 
person or other entity to hire, or recruit or 
refer, for employment in the United States a 
seasonal agricultural worker unless the person 
or entity has an application approved under 
paragraph (1) with respect to the hiring of the 
worker. 
‘‘(B) CIVIL PENALTY.—A person or entity 
that violates subparagraph (A) shall be subject 
to an order described in section 274A(e)(4). in-
cluding the imposition of a civil money penalty, 
in the same manner as such section applies to 
a violation described in section 274A(a)(2). 
‘‘(f) OBLIGATIONS UNDER PROGRAM.—Any person 
whose application to employ a seasonal agricultural worker 
has been approved shall provide as follows: 
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‘‘(1) NO
DISPLACEMENT
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 and for 
a period of 30 days preceding the period of employ-
ment in the occupation at the place of employment 
for which the employer seeks to employ non-
immigrant agricultural workers. 
‘‘(2) OFFERS TO UNITED STATES WORKERS.— 
The employer shall offer the job to any eligible 
United States worker who applies and is equally or 
better qualified for the job for which the non-
immigrant is, or the nonimmigrants are sought, and 
will be available at the time and place of need. 
‘‘(3) USE OF HOUSING ALLOWANCE.—An em-
ployer shall offer to provide housing at no cost to all 
workers for which the employer has applied under 
the program and to all other workers in the same oc-
cupation at the place of employment, whose place of 
residence is beyond normal commuting distance. The 
employer may comply with this requirement respect-
ing the furnishing of housing for such employee by 
providing a reasonable housing allowance instead of 
offering housing. Upon the request of a worker seek-
ing assistance in locating housing, the employer shall 
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make a good faith effort to assist the worker in 
identifying and locating housing in the area of in-
tended employment. An employer who offers a hous-
ing allowance to a worker, or assists a worker in lo-
cating housing which the worker occupies, pursuant 
to this clause shall not be deemed a housing provider 
under section 203 of the Migrant and Seasonal Agri-
cultural worker Protection Act (29 U.S.C. 1823) 
solely by providing such housing allowance. No hous-
ing allowance may be used for housing which is 
owned or controlled by the employer. 
‘‘(4) WORKERS’ COMPENSATION.—The person 
shall provide (if the employment is not covered by 
State workers’ compensation law), at no cost to the 
worker, insurance covering injury and disease aris-
ing out of and in the course of the workers employ-
ment which will provide benefits at least equal to 
those provided under the State workers’ compensa-
tion law for comparable employment. 
‘‘(5) LABOR DISPUTE.—The person shall not 
employ a seasonal agricultural worker for a specific 
job opportunity for which the employer is requesting 
a seasonal agricultural worker because the former 
occupant of the job is on strike or being locked out 
in the course of a labor dispute. 
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