324 
‘‘(ii) section 212(a)(3); or 
‘‘(iii) subparagraph (A), (C) or (D) of 
section 212(a)(10); 
‘‘(C) the Secretary of State may waive the 
application of any provision of section 212(a) 
not listed in subparagraph (B) on behalf of an 
individual alien— 
‘‘(i) for humanitarian purposes; 
‘‘(ii) to ensure family unity; or 
‘‘(iii) if such a waiver is otherwise in 
the public interest; 
‘‘(D) nothing in this paragraph shall be 
construed as affecting the authority of the Sec-
retary other than under this paragraph to waive 
the provisions of section 212(a). 
‘‘(2) RENEWAL
OF
AUTHORIZED
ADMISSION 
AND SUBSEQUENT ADMISSIONS.—An alien seeking 
renewal of authorized admission or subsequent ad-
mission as an H–2C nonimmigrant shall establish 
that the alien is not inadmissible under section 
212(a). 
‘‘(3) BACKGROUND CHECKS.—The Secretary of 
Homeland Security shall not admit, and the Sec-
retary of State shall not issue a visa to, an alien 
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seeking H–2C nonimmigrant status unless all appro-
priate background checks have been completed. 
‘‘(d) PERIOD OF AUTHORIZED ADMISSION.— 
‘‘(1) AUTHORIZED PERIOD.—The initial period 
of authorized admission as an H–2C nonimmigrant 
shall be 3 years. 
‘‘(2) RENEWAL.—Before the expiration of the 
initial period under paragraph (1), an H–2C non-
immigrant may submit an application to the Sec-
retary of Homeland Security to extend H–2C non-
immigrant status for 1 additional 3-year period. The 
Secretary may not require an applicant under this 
paragraph to depart the United States as a condi-
tion for granting such extension. 
‘‘(3) INTERNATIONAL
COMMUTERS.—An alien 
who maintains actual residence and place of abode 
outside the United States and commutes into the 
United States to work as an H–2C nonimmigrant, 
is not subject to the time limitations under para-
graphs (1) and (2). 
‘‘(4) LOSS OF EMPLOYMENT.— 
‘‘(A) IN GENERAL.— 
‘‘(i) PERIOD
OF
UNEMPLOYMENT.— 
Subject to clause (ii) and subsection (c), 
the period of authorized admission of an 
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H–2C nonimmigrant shall terminate if the 
alien is unemployed for 60 or more con-
secutive days. 
‘‘(ii) EXCEPTION.—The period of au-
thorized admission of an H–2C non-
immigrant shall not terminate if the alien 
is unemployed for 60 or more consecutive 
days if the alien submits documentation to 
the Secretary of Homeland Security that 
establishes that such unemployment was 
caused by— 
‘‘(I) a period of physical or men-
tal disability of the alien or the 
spouse, son, daughter, or parent (as 
defined in section 101 of the Family 
and Medical Leave Act of 1993 (29 
U.S.C. 2611)) of the alien; 
‘‘(II) a period of vacation, med-
ical leave, maternity leave, or similar 
leave from employment authorized by 
employer policy, State law, or Federal 
law; or 
‘‘(III) any other period of tem-
porary unemployment that is the di-
rect result of a major disaster or 
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327 
emergency (as defined under section 
532 of the STRIVE Act. 
‘‘(B) RETURN TO FOREIGN RESIDENCE.— 
Any alien whose period of authorized admission 
terminates under subparagraph (A) shall be re-
quired to leave the United States. 
‘‘(C) PERIOD
OF
VISA
VALIDITY.—Any 
alien, whose period of authorized admission ter-
minates under subparagraph (A), who leaves 
the United States under subparagraph (B), 
may reenter the United States as an H–2C 
nonimmigrant to work for an employer, if the 
alien has complied with the requirements of 
subsection (b). 
‘‘(5) VISITS OUTSIDE THE UNITED STATES.— 
‘‘(A) IN GENERAL.—Under regulations es-
tablished by the Secretary of Homeland Secu-
rity, an H–2C nonimmigrant— 
‘‘(i) may travel outside of the United 
States; and 
‘‘(ii) may be readmitted without hav-
ing to obtain a new visa if the period of 
authorized admission has not expired. 
‘‘(B) EFFECT ON PERIOD OF AUTHORIZED 
ADMISSION.—Time spent outside the United 
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328 
States under subparagraph (A) shall not extend 
the period of authorized admission in the 
United States. 
‘‘(6) BARS TO EXTENSION OR ADMISSION.—An 
alien may not be granted H–2C nonimmigrant sta-
tus, or an extension of such status, if— 
‘‘(A) the alien has violated any material 
term or condition of such status granted pre-
viously, including failure to comply with the 
change of address reporting requirements under 
section 265; 
‘‘(B) the alien is inadmissible as a non-
immigrant; or 
‘‘(C) the granting of such status or exten-
sion of such status would allow the alien to ex-
ceed 6 years as an H–2C nonimmigrant, unless 
the alien has resided and been physically 
present outside the United States for at least 1 
year after the expiration of such H–2C non-
immigrant status. 
‘‘(e) EVIDENCE OF NONIMMIGRANT STATUS.—Each 
H–2C nonimmigrant shall be issued documentary evidence 
of nonimmigrant status, which— 
‘‘(1) shall be machine-readable, tamper-resist-
ant, and allow for biometric authentication; 
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329 
‘‘(2) shall, during the alien’s authorized period 
of admission under subsection (f), serve as a valid 
entry document for the purpose of applying for ad-
mission to the United States— 
‘‘(A) instead of a passport and visa if the 
alien— 
‘‘(i) is a national of a foreign territory 
contiguous to the United States; and 
‘‘(ii) is applying for admission at a 
land border port of entry; and 
‘‘(B) in conjunction with a valid passport, 
if the alien is applying for admission at an air 
or sea port of entry; 
‘‘(3) may be accepted during the period of its 
validity by an employer as evidence of employment 
authorization 
and 
identity 
under 
section 
274A(b)(1)(B); and 
‘‘(4) shall be issued to the H–2C nonimmigrant 
by the Secretary of Homeland Security promptly 
after final adjudication of such status or, at the dis-
cretion of the Secretary of Homeland Security, may 
be issued by the Secretary of State at a consulate 
instead of a visa. 
‘‘(f) PENALTIES FOR FAILURE TO DEPART.—If an 
H–2C nonimmigrant fails to depart the United States by 
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330 
the date that the alien’s authorized admission as an H– 
2C nonimmigrant concludes, the visa of the alien shall be 
void under section 222(g)(1) and the alien shall be ineli-
gible to be readmitted to the United States under section 
222(g)(2). The alien may be removed if found to be within 
1 or more of the classes of deportable aliens described in 
section 237. 
‘‘(g) PENALTY
FOR ILLEGAL ENTRY
OR OVER-
STAY.—Any alien who unlawfully enters, attempts to 
enter, or crosses the border after the date of the enact-
ment of this section, and is physically present in the 
United States after such date in violation of the immigra-
tion laws of the United States, may not receive, for a pe-
riod of 10 years— 
‘‘(1) 
any 
relief 
under 
section 
240A(a), 
240A(b)(1), or 240B; or 
‘‘(2) 
nonimmigrant 
status 
under 
section 
101(a)(15) (except subparagraphs (T) and (U)). 
‘‘(h) PORTABILITY.—A nonimmigrant alien described 
in this section, who was previously issued a visa or other-
wise provided H–2C nonimmigrant status, may accept a 
new offer of employment with a subsequent employer, if— 
‘‘(1) the employer complies with section 218B; 
and 
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331 
‘‘(2) the alien, after lawful admission to the 
United States, did not work without authorization. 
‘‘(i) CHANGE
OF
ADDRESS.—An 
H–2C 
non-
immigrant shall comply with the change of address report-
ing requirements under section 265 through electronic or 
paper notification. 
‘‘(j) COLLECTION OF FEES.—All fees other than the 
application filing fee collected under this section shall be 
deposited in the Treasury in accordance with section 
286(w).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
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 H–2C nonimmigrants.’’. 
SEC. 403. EMPLOYER OBLIGATIONS. 
(a) IN GENERAL.—Title II (8 U.S.C. 1201 et seq.) 
is amended by inserting after section 218A, as added by 
section 402, the following: 
‘‘SEC. 218B. EMPLOYER OBLIGATIONS. 
‘‘(a) GENERAL
REQUIREMENTS.—Each employer 
who employs an H–2C nonimmigrant shall— 
‘‘(1) file a petition in accordance with sub-
section (b); and 
‘‘(2) be required to pay— 
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332 
‘‘(A) an application filing fee for each 
alien, based on the cost of carrying out the 
processing duties under this subsection; and 
‘‘(B) a secondary fee, to be deposited in 
the Treasury in accordance with section 
286(w), of— 
‘‘(i) $250, in the case of an employer 
employing 25 employees or less; 
‘‘(ii) $500, in the case of an employer 
employing between 26 and 150 employees; 
‘‘(iii) $750, in the case of an employer 
employing between 151 and 500 employ-
ees; or 
‘‘(iv) $1,000, in the case of an em-
ployer employing more than 500 employ-
ees. pay the appropriate fee. 
‘‘(b) REQUIRED PROCEDURE.—Except where the 
Secretary of Labor has determined that there is a shortage 
of United States workers in the occupation and area of 
intended employment to which the H–2C nonimmigrant 
is sought, each employer of H–2C nonimmigrants shall 
comply with the following requirements: 
‘‘(1) EFFORTS
TO
RECRUIT
UNITED
STATES 
WORKERS.—During the period beginning not later 
than 90 days before the date on which a petition is 
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333 
filed under subsection (a)(1), and ending on the date 
that is 14 days before to such filing date, the em-
ployer involved shall recruit United States workers 
for the position for which the H–2C nonimmigrant 
is sought under the petition, by— 
‘‘(A) submitting a copy of the job oppor-
tunity, including a description of the wages and 
other terms and conditions of employment and 
the minimum education, training, experience 
and other requirements of the job, to the State 
Employment Service Agency that serves the 
area of employment in the State in which the 
employer is located; 
‘‘(B) authorizing the employment service 
agency of the State to post the job opportunity 
on the Internet website established under sec-
tion 405 of the STRIVE Act, with local job 
banks, and with unemployment agencies and 
other labor referral and recruitment sources 
pertinent to the job involved; 
‘‘(C) authorizing the employment service 
agency of the State to notify— 
‘‘(i) labor organizations in the State 
in which the job is located; and 
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334 
‘‘(ii) if applicable, the office of the 
local union which represents the employees 
in the same or substantially equivalent job 
classification of the job opportunity; 
‘‘(D) posting the availability of the job op-
portunity for which the employer is seeking a 
worker in conspicuous locations at the place of 
employment for all employees to see; 
‘‘(E) advertising the availability of the job 
opportunity for which the employer is seeking a 
worker in a publication with the highest circula-
tion in the labor market that is likely to be pa-
tronized by a potential worker for not fewer 
than 10 consecutive days; and 
‘‘(F) based on recommendations by the 
local job service, advertising the availability of 
the job opportunity in professional, trade, or 
ethnic publications that are likely to be patron-
ized by a potential worker. 
‘‘(2) EFFORTS
TO
EMPLOY
UNITED
STATES 
WORKERS.—An employer that seeks to employ an 
H–2C nonimmigrant shall first offer the job to any 
eligible United States worker who applies, is quali-
fied for the job and is available at the time of need, 
notwithstanding any other valid employment criteria. 
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335 
‘‘(c) PETITION.—A petition to hire an H–2C non-
immigrant under this section shall be filed with the Sec-
retary of Labor and shall include an attestation by the 
employer of the following: 
‘‘(1) PROTECTION OF UNITED STATES WORK-
ERS.—The 
employment 
of 
an 
H–2C 
non-
immigrant— 
‘‘(A) will not adversely affect the wages 
and working conditions of workers in the 
United States similarly employed; and 
‘‘(B) did not and will not cause the separa-
tion from employment of a United States work-
er employed by the employer within the 180-day 
period beginning 90 days before the date on 
which the petition is filed. 
‘‘(2) WAGES.— 
‘‘(A) IN
GENERAL.—The H–2C non-
immigrant will be paid not less than the greater 
of— 
‘‘(i) the actual wage level paid by the 
employer to all other individuals with simi-
lar experience and qualifications for the 
specific employment in question; or 
‘‘(ii) the prevailing wage level for the 
occupational classification in the area of 
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336 
employment, taking into account experi-
ence and skill levels of employees. 
‘‘(B) CALCULATION.—The wage levels 
under subparagraph (A) shall be calculated 
based on the best information available at the 
time of the filing of the application. 
‘‘(C) PREVAILING WAGE LEVEL.—For pur-
poses of subparagraph (A)(ii), the prevailing 
wage level shall be determined in accordance as 
follows: 
‘‘(i) If the job opportunity is covered 
by a collective bargaining agreement be-
tween a union and the employer, the pre-
vailing wage shall be the wage rate set 
forth in the collective bargaining agree-
ment. 
‘‘(ii) If the job opportunity is not cov-
ered by such an agreement and it is on a 
project that is covered by a wage deter-
mination under a provision of subchapter 
IV of chapter 31 of title 40, United States 
Code, or the Service Contract Act of 1965 
(41 U.S.C. 351 et seq.), the prevailing 
wage level shall be the appropriate statu-
tory wage. 
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337 
‘‘(iii)(I) If the job opportunity is not 
covered by such an agreement and it is not 
on a project that is covered by a wage de-
termination under a provision of sub-
chapter IV of chapter 31 of title 40, 
United States Code, or the Service Con-
tract Act of 1965 (41 U.S.C. 351 et seq.), 
the prevailing wage level shall be based on 
published wage data for the occupation 
from the Bureau of Labor Statistics, in-
cluding the Occupational Employment Sta-
tistics survey, Current Employment Statis-
tics data, National Compensation Survey, 
and Occupational Employment Projections 
program. If the Bureau of Labor Statistics 
does not have wage data applicable to such 
occupation, the employer may base the pre-
vailing wage level on another wage survey 
approved by the Secretary of Labor. 
‘‘(II) The Secretary shall promulgate 
regulations applicable to approval of such 
other wage surveys that require, among 
other things, that the Bureau of Labor 
Statistics determine such surveys are sta-
tistically viable. 
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338 
‘‘(3) WORKING
CONDITIONS.—All workers in 
the occupation at the place of employment at which 
the H–2C nonimmigrant will be employed will be 
provided the working conditions and benefits that 
are normal to workers similarly employed in the area 
of intended employment. 
‘‘(4) LABOR DISPUTE.—There is not a strike, 
lockout, or work stoppage in the course of a labor 
dispute in the occupation at the place of employment 
at which the H–2C nonimmigrant will be employed. 
If such strike, lockout, or work stoppage occurs fol-
lowing submission of the petition, the employer will 
provide notification in accordance with regulations 
promulgated by the Secretary of Labor. 
‘‘(5) PROVISION OF INSURANCE.—If the posi-
tion for which the H–2C nonimmigrant is sought is 
not covered by the State workers’ compensation law, 
the employer will provide, at no cost to the H–2C 
nonimmigrant, insurance covering injury and disease 
arising out of, and in the course of, the worker’s em-
ployment, which will provide benefits at least equal 
to those provided under the State workers’ com-
pensation law for comparable employment. 
‘‘(6) NOTICE TO EMPLOYEES.— 
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339 
‘‘(A) IN GENERAL.—The employer has pro-
vided notice of the filing of the petition to the 
bargaining representative of the employer’s em-
ployees in the occupational classification and 
area of employment for which the H–2C non-
immigrant is sought. 
‘‘(B) NO BARGAINING REPRESENTATIVE.— 
If there is no such bargaining representative, 
the employer has— 
‘‘(i) posted a notice of the filing of the 
petition in a conspicuous location at the 
place or places of employment for which 
the H–2C nonimmigrant is sought; or 
‘‘(ii) electronically disseminated such 
a notice to the employer’s employees in the 
occupational classification for which the 
H–2C nonimmigrant is sought. 
‘‘(7) RECRUITMENT.—Except where the Sec-
retary of Labor has determined that there is a 
shortage of United States workers in the occupation 
and area of intended employment for which the H– 
2C nonimmigrant is sought— 
‘‘(A) there are not sufficient workers who 
are able, willing, and qualified, and who will be 
available at the time and place needed, to per-
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340 
form the labor or services involved in the peti-
tion; and 
‘‘(B) good faith efforts have been taken to 
recruit United States workers, in accordance 
with regulations promulgated by the Secretary 
of Labor, which efforts included— 
‘‘(i) the completion of recruitment 
during the period beginning on the date 
that is 90 days before the date on which 
the petition was filed with the Department 
of Homeland Security and ending on the 
date that is 14 days before such filing 
date; and 
‘‘(ii) the actual wage paid by the em-
ployer for the occupation in the areas of 
intended employment was used in con-
ducting recruitment. 
‘‘(8) INELIGIBILITY.—The employer is not cur-
rently ineligible from using the H–2C nonimmigrant 
program described in this section. 
‘‘(9) BONAFIDE OFFER OF EMPLOYMENT.—The 
job for which the H–2C nonimmigrant is sought is 
a bona fide job— 
‘‘(A) for which the employer needs labor or 
services; 
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341 
‘‘(B) which has been and is clearly open to 
any United States worker; and 
‘‘(C) for which the employer will be able to 
place the H–2C nonimmigrant on the payroll. 
‘‘(10) PUBLIC AVAILABILITY AND RECORDS RE-
TENTION.—A copy of each petition filed under this 
section and documentation supporting each attesta-
tion, in accordance with regulations promulgated by 
the Secretary of Labor, will— 
‘‘(A) be provided to every H–2C non-
immigrant employed under the petition; 
‘‘(B) be made available for public examina-
tion at the employer’s place of business or work 
site; 
‘‘(C) be made available to the Secretary of 
Labor during any audit; and 
‘‘(D) remain available for examination for 
5 years after the date on which the petition is 
filed. 
‘‘(11) NOTIFICATION UPON SEPARATION FROM 
OR TRANSFER OF EMPLOYMENT.—The employer will 
notify the Secretary of Labor and the Secretary of 
Homeland Security of an H–2C nonimmigrant’s sep-
aration from employment or transfer to another em-
ployer not more than 3 business days after the date 
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342 
of such separation or transfer, in accordance with 
regulations promulgated by the Secretary of Home-
land Security. 
‘‘(12) ACTUAL
NEED
FOR
LABOR
OR
SERV-
ICES.—The petition was filed not more than 60 days 
before the date on which the employer needed labor 
or services for which the H–2C nonimmigrant is 
sought. 
‘‘(d) AUDIT OF ATTESTATIONS.— 
‘‘(1) REFERRALS BY SECRETARY OF HOMELAND 
SECURITY.—The Secretary of Homeland Security 
shall refer all approved petitions for H–2C non-
immigrants to the Secretary of Labor for potential 
audit. 
‘‘(2) AUDITS AUTHORIZED.—The Secretary of 
Labor may audit any approved petition referred pur-
suant to paragraph (1), in accordance with regula-
tions promulgated by the Secretary of Labor. 
‘‘(e) INELIGIBLE EMPLOYERS.— 
‘‘(1) IN
GENERAL.—The Secretary of Labor 
shall not approve an employer’s petitions, applica-
tions, certifications, or attestations under any immi-
grant or nonimmigrant program if the Secretary of 
Labor determines, after notice and an opportunity 
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