309 
‘‘(E) REIMBURSEMENT
FOR
LAID
OFF 
WORKERS.—If the worker is laid off or employ-
ment is terminated for contract impossibility 
(as described in paragraph (5)(D)) before the 
anticipated ending date of employment, the em-
ployer shall provide— 
‘‘(i) the transportation and subsist-
ence required under subparagraph (C); and 
‘‘(ii) notwithstanding whether the 
worker has completed 50 percent of the pe-
riod of employment, the transportation re-
imbursement required under subparagraph 
(A). 
‘‘(F) CONSTRUCTION.—Nothing in this 
paragraph shall be construed to require an em-
ployer to reimburse visa, passport, consular, or 
international bordercrossing fees or any other 
fees associated with the H–2A worker’s lawful 
admission into the United States to perform 
employment that may be incurred by the work-
er. 
‘‘(4) EMPLOYMENT GUARANTEE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) REQUIREMENT.—Each employer 
petitioning for workers under subsection 
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(b) shall guarantee to offer the worker em-
ployment for the hourly equivalent of not 
less than 75 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–2A 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. 
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311 
‘‘(B) 
CALCULATION
OF
HOURS.—Any 
hours which the worker fails to work, up to a 
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 75 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-
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312 
festation, regulatory action, or any other 
reason beyond the control of the employer 
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; and 
‘‘(II) make efforts to transfer the 
United States worker to other com-
parable employment acceptable to the 
worker. 
‘‘(l) EXPEDITED
ADJUDICATION
BY
THE
SEC-
RETARY.—The Secretary of Homeland Security— 
‘‘(1) shall establish a procedure for expedited 
adjudication of petitions filed under subsection (e); 
and 
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313 
‘‘(2) not later than 7 working days after such 
filing shall, by fax, cable, or other means assuring 
expedited delivery transmit a copy of notice of action 
on the petition— 
‘‘(A) to the petitioner; and 
‘‘(B) 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. 
‘‘(m) PERIOD OF ADMISSION.— 
‘‘(1) IN GENERAL.—An H–2A worker shall be 
admitted for a period of employment, not to exceed 
10 months, 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 extension based on a sub-
sequent offer of employment. 
‘‘(2) EMPLOYMENT LIMITATION.—An alien may 
not be employed during the 14-day period described 
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in paragraph (1)(B) except in the employment for 
which the alien was previously authorized. 
‘‘(3) CONSTRUCTION.—Nothing in this sub-
section shall limit the authority of the Secretary of 
Homeland Security to extend the stay of an alien 
under any other provision of this Act. 
‘‘(n) 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— 
‘‘(A) shall have failed to maintain non-
immigrant status as an H–2A worker; and 
‘‘(B) shall depart the United States or be 
subject 
to 
removal 
under 
section 
237(a)(1)(C)(i). 
‘‘(2) REPORT BY EMPLOYER.—Not later than 
24 hours after the abandonment of employment by 
an H–2A worker, the employer or association acting 
as an agent for the employer, shall notify the Sec-
retary of Homeland Security of such abandonment. 
‘‘(3) REMOVAL.—The Secretary of Homeland 
Security shall promptly remove from the United 
States any H–2A worker who violates any term or 
condition of the worker’s nonimmigrant status. 
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‘‘(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. 
‘‘(o) REPLACEMENT OF ALIEN.— 
‘‘(1) IN
GENERAL.—Upon notification under 
subsection (p)(2)— 
‘‘(A) the Secretary of State shall promptly 
issue a visa to, and the Secretary of Homeland 
Security shall admit into the United States, an 
eligible alien designated by the employer to re-
place an H–2A worker who abandons or pre-
maturely terminates employment; and 
‘‘(B) the Secretary of Homeland Security 
shall admit such alien into the United States. 
‘‘(2) CONSTRUCTION.—Nothing in this sub-
section shall limit any preference for which United 
States workers are eligible under this Act. 
‘‘(p) IDENTIFICATION DOCUMENT.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall provide each authorized H–2A worker 
with a single machine-readable, tamper-resistant, 
and counterfeit-resistant document that— 
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316 
‘‘(A) authorizes the alien’s entry into the 
United States; 
‘‘(B) serves, for the appropriate period, as 
an employment eligibility document; and 
‘‘(C) verifies the identity of the alien. 
‘‘(2) FORM.— 
‘‘(A) The document shall be— 
‘‘(i) in a form that is resistant to 
counterfeiting and to tampering; and 
‘‘(ii) compatible with— 
‘‘(I) other databases of the Sec-
retary of Homeland Security for the 
purpose of excluding an alien from 
benefits for which an alien is not eligi-
ble and determining whether the alien 
is unlawfully present in the United 
States; and 
‘‘(II) law enforcement databases 
for the purpose of determining if an 
alien has been convicted of criminal 
offenses. 
‘‘(B) As soon as practicable, the document 
shall include a biometric identifier. The deter-
mination of a biometric identifier to be used for 
such purposes shall take into account factors 
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317 
such as efficiency, accuracy, the technology 
available, economic considerations, and storage 
requirements. 
‘‘(q) EXTENSION OF STAY OF H–2A WORKERS IN 
THE UNITED STATES.— 
‘‘(1) EXTENSION
OF
STAY.—If an employer 
seeks approval to employ an H–2A worker who is 
lawfully present in the United States, the petition 
filed by the employer or an association pursuant to 
subsection (p) shall request an extension of the 
alien’s stay and, if applicable, 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 for a period of more 
than 10 months. 
‘‘(3) 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-
ployment described in a petition under para-
graph (1). The employer shall provide a copy of 
the employer’s petition for extension of stay to 
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318 
the alien. The alien shall keep the petition with 
the alien’s identification and employment eligi-
bility 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. 
‘‘(4) LIMITATION ON AN INDIVIDUAL’S STAY IN 
STATUS.— 
‘‘(A) MAXIMUM
PERIOD.—The maximum 
continuous period of authorized status as an 
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319 
H–2A worker (including any extensions) is 20 
months. 
‘‘(B) REQUIREMENT TO REMAINS 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 
Stats 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 
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320 
the alien again is applying for admission to 
the United States as an H–2A worker. 
‘‘(r) 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–2A 
nonimmigrants to return to their country of origin 
upon expiration of their visas. 
‘‘(2) WITHHOLDING OF WAGES; PAYMENT INTO 
THE
TRUST
FUND.—Employers of H–2A non-
immigrants shall withhold from the wages of work-
ers an amount equivalent to 25 percent of the wages 
of each worker and pay such withheld amount into 
the Trust Fund in accordance with paragraph (3). 
Amounts withheld under the preceding sentence 
shall be maintained in such interest bearing account 
with such a financial institution as the Secretary of 
Homeland Security shall specify. 
‘‘(3) DISTRIBUTION OF FUNDS.—Amounts paid 
into the Trust Fund on behalf of an H–2A non-
immigrant, 
and 
held 
pursuant 
to 
paragraph 
(2)(A)(i) and interest earned thereon, shall be paid 
by the Secretary of State to the worker if— 
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321 
‘‘(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–2A nonimmigrant 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–2A program; 
and 
‘‘(C) in connection with the application, 
the worker tenders the identification and em-
ployment authorization card issued to the work-
er pursuant to subsection (p) and establishes 
that the worker is identified as the person to 
whom the card was issued based on the biomet-
ric identification information contained on the 
card. 
‘‘(4) 
ADMINISTRATIVE
EXPENSES.—The 
amounts paid into the Trust Fund and held pursu-
ant to paragraph (2)(A)(ii), and interest earned 
thereon, shall be paid to the Secretary of State, the 
Secretary of Labor, and the Secretary of Homeland 
Security in amounts equivalent to the expenses in-
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322 
curred by such officials in the administration of the 
H–2A program. 
‘‘(s) 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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323 
lic debt, except that where such average rate is not 
a multiple of one-eighth of 1 percent next lower than 
such average rate. Such special obligations shall be 
issued only if the Secretary of the Treasury deter-
mines that the purchase of other interest-bearing ob-
ligations of the United States, or of obligations 
guaranteed as to both principal and interest by the 
United States on original issue or at the market 
price, is not in the public interest. 
‘‘(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 Homeland Security) to report to the Con-
gress each year on the financial condition and the 
results of the operations of the Trust Fund during 
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324 
the preceding fiscal year and on its expected condi-
tion and operations during the next fiscal year. Such 
report shall be printed as both a House and a Sen-
ate document of the session of the Congress to 
which the report is made. 
‘‘(t) SPECIAL RULE
FOR ALIENS EMPLOYED
AS 
SHEEPHERDERS, GOATHERDERS, OR DAIRY WORKERS.— 
Notwithstanding any other provision of this section, an 
alien admitted under section 101(a)(15)(H)(ii)(a) for em-
ployment as a sheepherder, goatherder, or dairy worker— 
‘‘(1) may be admitted for a period of 12 
months; and 
‘‘(2) shall not be subject to the requirements of 
subsection (r)(4)(B).’’. 
(b) 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)(a);’’. 
(c) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall promulgate regulations, in ac-
cordance with the notice and comment provisions of sec-
tion 553 of title 5, United States Code, to provide for the 
uniform procedures for the issuance of visas to non-
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325 
immigrants described in section 101(a)(15)(H)(ii)(a) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(a)) by visa-issuing United States con-
sulates and consular officers. 
(d) 
CONFORMING
AMENDMENT.—Section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by strik-
ing ‘‘of a temporary or seasonal nature’’ and inserting 
‘‘and with respect to whom the intending employer or as-
sociation has filed with the Secretary a petition under sec-
tion 218(a)’’. 
SEC. 1302. LEGAL ASSISTANCE PROVIDED BY THE LEGAL 
SERVICES CORPORATION. 
(a) IN GENERAL.—Section 305 of the Immigrant Re-
form and Control Act of 1986 (8 U.S.C. 1101 note) is 
amended— 
(1) by striking ‘‘A nonimmigrant’’ and inserting 
‘‘(a) IN GENERAL.—A nonimmigrant’’; and 
(2) by adding at the end the following: 
‘‘(b) LEGAL ASSISTANCE.—The Legal Services Cor-
poration may not provide legal assistance for or on behalf 
of any alien, and may not provide financial assistance to 
any person or entity that provides legal assistance for or 
on behalf of any alien, unless the alien— 
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326 
‘‘(1) is present in the United States at the time 
the legal assistance is provided; and 
‘‘(2) is an alien to whom subsection (a) ap-
plies.’’. 
(b) MEDIATION.—Section 305 of the Immigrant Re-
form and Control Act of 1986 (8 U.S.C. 1101 note), as 
amended by subsection (a), is further amended by adding 
at the end the following: 
‘‘(c) REQUIRED MEDIATION.—The Legal Services 
Corporation may not bring a civil action for damages on 
behalf 
of 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), 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.’’. 
(c) CONDITION FOR ENTRY ONTO PROPERTY FOR 
LEGAL
SERVICES
CORPORATION
REPRESENTATION.— 
Section 305 of the Immigrant Reform and Control Act 
of 1986 (8 U.S.C. 1101 note), as amended by subsection 
(b), is further amended by adding at the end the following: 
‘‘(d) CONDITION
FOR ENTRY ONTO EMPLOYER’S 
PROPERTY
FOR LEGAL SERVICES CORPORATION REP-
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327 
RESENTATION.—No employer of a nonimmigrant having 
status under section 101(a)(15)(H)(ii)(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) 
shall be required to permit any recipient of a grant or con-
tract under section 1007 of the Legal Services Corpora-
tion Act (42 U.S.C. 2996f), or any employee of such a 
recipient, to enter upon the employer’s property, unless 
such recipient or employee has a pre-arranged appoint-
ment with a specific nonimmigrant having such status.’’. 
SEC. 1303. EFFECTIVE DATE. 
The amendments made by this title shall take effect 
on the date that is 180 days after the date of the enact-
ment of this Act and shall apply to petitions approved 
after such date. 
TITLE XIV—MISCELLANEOUS 
SEC. 1401. PREVENTION OF CONGRESSIONAL REAPPOR-
TIONMENT DISTORTIONS. 
(a) FINDINGS.—Congress finds that— 
(1) in recent years, millions of aliens have en-
tered the United States in violation of immigration 
laws and are now residing illegally in the United 
States and are subject to deportation; 
(2) the established policy of the Bureau of the 
Census is to make a concerted effort to count the 
foreign born population within the United States 
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328 
without making a separate computation for illegal 
aliens; and 
(3) by including the millions of illegal aliens in 
the reapportionment base for the House of Rep-
resentatives, many States will lose congressional rep-
resentation which such States would not have other-
wise lost, thereby violating the constitutional prin-
ciple of ‘‘one man, one vote’’. 
(b) ADJUSTMENTS TO PREVENT DISTORTIONS.— 
Section 141 of title 13, United States Code, is amended— 
(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) The Secretary shall make such adjustments in 
total population figures as may be necessary, using such 
methods and procedures as the Secretary determines fea-
sible and appropriate, in order that aliens who are in the 
United States in violation of the immigration laws of the 
United States are not counted in tabulating total popu-
lation by States under subsection (a) for purposes of ap-
portionment of Representatives in Congress among the 
several States. Nothing in this subsection shall be con-
strued to supersede section 195.’’. 
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329 
(c) CONFORMING AMENDMENT.—Section 22(a) of 
the Act entitled ‘‘An Act to provide for the fifteenth and 
subsequent decennial censuses and to provide for appor-
tionment of Representatives in Congress’’, approved June 
18, 1929 (2 U.S.C. 2a(a)) is amended by striking ‘‘as 
ascertained under the seventeenth and each subsequent 
decennial census of the population’’ and inserting ‘‘as 
ascertained and reported under section 141 of title 13, 
United States Code, for each decennial census of popu-
lation’’. 
SEC. 1402. INCREASE IN H–1B VISA NUMBERS. 
(a) INCREASE.—Section 214(g)(1)(A) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is 
amended to read as follows: 
‘‘(A) under section 101(a)(15)(H)(i)(b), may 
not exceed— 
‘‘(i) 65,000 in each fiscal year before fiscal 
year 1999; 
‘‘(ii) 115,000 in fiscal years 1999 and 
2000; 
‘‘(iii) 195,000 in fiscal years 2001 through 
2003; 
‘‘(iv) 65,000 in fiscal years 2004 through 
2007; and 
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330 
‘‘(v) 130,000 in each succeeding fiscal 
year, except as provided in paragraph (7)(B); 
and’’. 
(b) RECAPTURE OF UNUSED H–1B NONIMMIGRANT 
VISAS.—Section 214(g)(7) of such Act (8 U.S.C. 
1184(g)(7)) is amended— 
(1) by striking ‘‘(7)’’ and inserting ‘‘(7)(A)’’; 
and 
(2) by adding at the end the following: 
‘‘(B) Beginning in fiscal year 2009, the number of 
aliens who may be issued visas or otherwise provided non-
immigrant status under section 101(a)(15)(H)(i)(b) dur-
ing any fiscal year shall be increased by the difference be-
tween 130,000 and the number of aliens who actually were 
provided such status during the preceding fiscal year. The 
preceding sentence shall not cause the number of aliens 
who may be issued visas or otherwise provided non-
immigrant status under section 101(a)(15)(H)(i)(b) dur-
ing any fiscal year to exceed 195,000, but any recaptured 
unused numbers that are not available by reason of this 
limitation during any fiscal year shall be available for use 
in future years.’’. 
Æ 
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