I 
117TH CONGRESS 
1ST SESSION H. R. 4288 
To amend the Immigration and Nationality Act to provide for an H–2C 
nonimmigrant classification, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2021 
Mr. SMUCKER introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Ways and 
Means, and Oversight and Reform, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to provide 
for an H–2C nonimmigrant classification, 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 the ‘‘Workforce for an Ex-
panding Economy Act’’. 
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SEC. 2. NONIMMIGRANT CLASSIFICATION FOR H–2C NON-
IMMIGRANTS. 
Section 101(a)(15)(H)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)) is amended 
by inserting ‘‘(c) who is coming temporarily to the United 
States to perform services or labor for a registered non- 
agricultural employer in a registered position (as those 
terms are defined in section 219A(a)) in accordance with 
the requirements under section 219A; or’’ before ‘‘(iii) 
have a residence’’. 
SEC. 3. ADMISSION OF H–2C NONIMMIGRANT WORKERS. 
(a) ADMISSION
OF H–2C NONIMMIGRANT WORK-
ERS.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 219A. ADMISSION OF H–2C NONIMMIGRANT WORK-
ERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DEPARTMENT.—Except as otherwise spe-
cifically provided, the term ‘Department’ means the 
Department of Homeland Security. 
‘‘(2) ELIGIBLE OCCUPATION.—The term ‘eligi-
ble occupation’ means an eligible occupation de-
scribed in subsection (e)(3). 
‘‘(3) EMPLOYER.— 
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‘‘(A) IN GENERAL.—The term ‘employer’ 
means any person or operational unit of a for- 
profit or nonprofit entity that is operating inde-
pendently in a county or metropolitan statistical 
area and who hires an individual for employ-
ment in the United States. 
‘‘(B) 
TREATMENT
OF
SINGLE
EM-
PLOYER.—For purposes of determining the 
number of employees or United States workers 
employed by an employer, a single entity shall 
be treated as 1 employer. 
‘‘(4) ENDURING JOB OPENING.—The term ‘en-
during job opening’ refers to a job opening that— 
‘‘(A) remains unfilled on the first day of 
the month for 3 consecutive months; or 
‘‘(B) is unfilled for more than 60 days in 
a period of 90 consecutive days. 
‘‘(5) FULL EMPLOYMENT AREA.—The term ‘full 
employment area’ refers to any county or metropoli-
tan statistical area where the unemployment rate 
during the fiscal quarter during which an application 
is submitted by an employer is equal to or less than 
4.9 percent. 
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‘‘(B) does not include any situation in 
which the worker is offered and refused to ac-
cept, as an alternative to such loss of employ-
ment, a similar employment opportunity with 
the same employer at equivalent or higher com-
pensation and benefits than the position from 
which the employee was discharged. 
‘‘(10) METROPOLITAN
STATISTICAL
AREA.— 
The term ‘metropolitan statistical area’ means a ge-
ographic area designated as a metropolitan statis-
tical area by the Director of the Office of Manage-
ment and Budget. 
‘‘(11) REGISTERED
EMPLOYER.—The term 
‘registered employer’ means an operational business 
unit of a nonagricultural employer that is operating 
independently in a full employment area and is des-
ignated by the Secretary as a registered employer 
under subsection (d). 
‘‘(12) REGISTERED POSITION.—The term ‘reg-
istered position’ means a position designated as a 
registered position under subsection (e). 
‘‘(13) 
SCARCITY
RECRUITMENT
FEE.—The 
term ‘scarcity recruitment fee’ refers to a payment 
equal to 5 percent of an H–2C immigrant’s esti-
mated annual compensation that a registered em-
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ployer remits to the Secretary as part of the employ-
er’s application for a registered position in order to 
demonstrate said employer’s inability to recruit a 
United States worker for the position. 
‘‘(14) SECRETARY.—Except as otherwise spe-
cifically provided, the term ‘Secretary’ means the 
Secretary of Homeland Security. 
‘‘(15) SINGLE ENTITY.—The term ‘single enti-
ty’ means any group treated as a single employer 
under subsection (b), (c), (m), or (o) of section 414 
of the Internal Revenue Code of 1986. 
‘‘(16) SMALL BUSINESS.—The term ‘small busi-
ness’ means an employer that employs 50 or fewer 
full-time equivalent employees. 
‘‘(17) UNITED
STATES
WORKER.—The term 
‘United States worker’ means an individual who is— 
‘‘(A) lawfully employed or seeking employ-
ment in the United States; and 
‘‘(B)(i) a national of the United States; 
‘‘(ii) an alien lawfully admitted for perma-
nent residence; or 
‘‘(iii) any other alien authorized to work in 
the United States with no limitation as to the 
alien’s employer. 
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‘‘(18) ZONE 1 OCCUPATION.—The term ‘zone 1 
occupation’ means an occupation that requires little 
or no preparation and is classified as a zone 1 occu-
pation on— 
‘‘(A) the Occupational Information Net-
work Database (O*NET) on the date of the en-
actment of this section; or 
‘‘(B) such Database or a similar successor 
database, as designated by the Secretary of 
Labor, after the date of the enactment of this 
section. 
‘‘(19) ZONE 2 OCCUPATION.—The term ‘zone 2 
occupation’ means an occupation that requires some 
preparation and is classified as a zone 2 occupation 
on— 
‘‘(A) the Occupational Information Net-
work Database (O*NET) on the date of the en-
actment of this section; or 
‘‘(B) such Database or a similar successor 
database, as designated by the Secretary of 
Labor, after the date of the enactment of this 
section. 
‘‘(20) ZONE 3 OCCUPATION.—The term ‘zone 3 
occupation’ means an occupation that requires me-
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dium preparation and is classified as a zone 3 occu-
pation on— 
‘‘(A) the Occupational Information Net-
work Database (O*NET) on the date of the en-
actment of this section; or 
‘‘(B) such Database or a similar successor 
database, as designated by the Secretary of 
Labor, after the date of the enactment of this 
section. 
‘‘(b) ADMISSION INTO THE UNITED STATES.—An 
alien is eligible to be admitted as an H–2C nonimmigrant 
if the alien— 
‘‘(1) has received an offer of employment from 
a registered employer; and 
‘‘(2) otherwise meets the requirements of this 
section. 
‘‘(c) H–2C NONIMMIGRANTS.— 
‘‘(1) APPLICATION.—An alien seeking to be an 
H–2C nonimmigrant shall submit an application to 
the Secretary. 
‘‘(2) ATTESTATION.—Each application sub-
mitted under paragraph (1) for an alien shall in-
clude an attestation as follows: 
‘‘(A) That the H–2C nonimmigrant will re-
port to such nonimmigrant’s initial employment 
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in a registered position not later than 14 days 
after such nonimmigrant is admitted. 
‘‘(B) That the H–2C nonimmigrant will 
accept only registered positions and abide by all 
terms and conditions of H–2C nonimmigrant 
status. 
‘‘(C) That the H–2C nonimmigrant will 
not bring a family member to the United States 
in violation of any provision of this Act. 
‘‘(3) APPLICATION
REVIEW.—The Secretary 
shall adjudicate an application submitted under 
paragraph (1) not later than 45 days after the re-
ceipt of such application. 
‘‘(4) FEES.— 
‘‘(A) IN GENERAL.—Each application sub-
mitted under paragraph (1) shall include a fee 
in the amount determined by the Secretary ad-
judicating such application to be necessary to 
cover the cost of adjudicating the application 
within 45 days. 
‘‘(B) PREMIUM
PROCESSING.—The Sec-
retary and the Secretary of State shall create 
an expedited process to review an application 
submitted under paragraph (1) for an addi-
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tional fee, in an amount determined by such 
Secretaries. 
‘‘(5) ELIGIBILITY
FOR
H–2C
NONIMMIGRANT 
STATUS.—No alien may be admitted as an H–2C 
nonimmigrant if the alien— 
‘‘(A) is inadmissible under this Act; 
‘‘(B) fails to pass a criminal background 
check or a national security background check; 
‘‘(C) is from a country determined by the 
Secretary of State to have repeatedly provided 
support for acts of international terrorism pur-
suant to— 
‘‘(i) section 6(j)(1)(A) of the Export 
Administration Act of 1979 (50 U.S.C. 
App. 2405(j)(1)(A)) (or successor statute); 
‘‘(ii) section 40(d) of the Arms Export 
Control Act (22 U.S.C. 2780(d)); or 
‘‘(iii) section 620A(a) of the Foreign 
Assistance 
Act 
of 
1961 
(22 
U.S.C. 
2371(a)); or 
‘‘(D) has not received an offer of employ-
ment from a registered employer in a registered 
position. 
‘‘(6) EMPLOYMENT.— 
‘‘(A) INITIAL EMPLOYMENT.— 
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‘‘(i) REPORTING TO EMPLOYMENT.— 
An initial H–2C nonimmigrant shall report 
to such nonimmigrant’s initial employment 
in a registered position not later than 14 
days after such nonimmigrant is admitted 
to the United States. 
‘‘(ii) 
REPORTING
TO
THE
SEC-
RETARY.—An initial H–2C nonimmigrant 
shall maintain contact with the Secretary 
after such H–2C nonimmigrant is admit-
ted to the United States but before report-
ing to the initial employment at an interval 
that is determined by the Secretary, but 
not less than every 7 days. 
‘‘(B) PERIODS
OF
UNEMPLOYMENT.—An 
H–2C nonimmigrant— 
‘‘(i) may be unemployed for a period 
of not more than 45 consecutive days of 
presence in the United States; and 
‘‘(ii) shall depart the United States if 
such H–2C nonimmigrant is unable to ob-
tain employment during such period. 
‘‘(7) INITIAL
PERIOD
OF
AUTHORIZED
PRES-
ENCE.—An H–2C nonimmigrant may be physically 
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present in the United States for an initial period of 
not more than a total of 36 months. 
‘‘(8) RENEWAL.—An H–2C nonimmigrant may 
renew his or her H–2C nonimmigrant status for not 
more than 2 additional consecutive periods of au-
thorized presence. 
‘‘(9) TRAVEL.—An H–2C nonimmigrant may 
travel outside the United States and be readmitted 
to the United States. 
‘‘(10) PENALTIES.—If an H–2C nonimmigrant 
fails to comply with any other term or condition of 
H–2C nonimmigrant status or remains in the 
United States for 10 days after the date of the expi-
ration of his or her period of authorized presence 
without status under the immigration laws, then the 
Secretary shall mandatorily— 
‘‘(A) subject such nonimmigrant to the 
revocation of employment authorization; and 
‘‘(B) initiate and pursue removal under 
section 237(a)(1)(C)(i). 
‘‘(d) REGISTERED EMPLOYER.— 
‘‘(1) APPLICATION.—An employer seeking to be 
a registered employer may submit an application to 
the Secretary. Each such application shall include 
the following: 
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‘‘(A) Documentation to establish that the 
employer is a bona fide employer operating in 
a full employment area. 
‘‘(B) Evidence that the employer is current 
in payment of payroll taxes. 
‘‘(C) The employer’s Federal tax identifica-
tion number or employer identification number 
issued by the Internal Revenue Service. 
‘‘(D) The number of H–2C nonimmigrants 
the employer estimates the employer will seek 
to employ annually. 
‘‘(2) REFERRAL FOR FRAUD INVESTIGATION.— 
The Secretary may refer an application submitted 
under paragraph (1) or subsection (e)(1)(A) to the 
Fraud Detection and National Security Directorate 
of U.S. Citizenship and Immigration Services for po-
tential investigation if there is evidence of fraud par-
ticular to such application. 
‘‘(3) INELIGIBLE EMPLOYERS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other applicable penalties under law, the Sec-
retary shall deny an employer’s application to 
be a registered employer if the Secretary deter-
mines, after notice and an opportunity for a 
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hearing, that the employer submitting such ap-
plication— 
‘‘(i) has, in such application (includ-
ing any attestations required by law)— 
‘‘(I) knowingly misrepresented a 
material fact; 
‘‘(II) knowingly made a fraudu-
lent statement; or 
‘‘(III) knowingly failed to comply 
with the terms of such attestations; 
‘‘(ii) failed to cooperate in the process 
established pursuant to subsection (m); 
‘‘(iii) has been convicted of an offense 
under chapter 77 of title 18, United States 
Code, any conspiracy to commit such an 
offense, or any human trafficking offense 
under State or territorial law; 
‘‘(iv) has, within 2 years prior to the 
date of the application— 
‘‘(I) been finally adjudicated as 
having committed any hazardous oc-
cupation orders violation resulting in 
injury or death under the child labor 
provisions contained in section 12 of 
the Fair Labor Standards Act of 
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1938 (29 U.S.C. 212) or any perti-
nent regulation; 
‘‘(II) received a final adjudication 
assessing a civil monetary penalty for 
a pattern and practice of willful viola-
tion of the minimum wage provisions 
of section 6 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206); or 
‘‘(III) received a final adjudica-
tion assessing a civil monetary penalty 
for a pattern and practice of willful 
violation of the overtime provisions of 
section 7 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 207) or any 
regulations thereunder; or 
‘‘(v) has, within 2 years prior to the 
date of application, received a final adju-
dication for a willful violation involving in-
jury or death— 
‘‘(I) of section 5 of the Occupa-
tional Safety and Health Act of 1970 
(29 U.S.C. 654); 
‘‘(II) of any standard, rule, or 
order promulgated pursuant to section 
6 of the Occupational Safety and 
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Health Act of 1970 (29 U.S.C. 655); 
or 
‘‘(III) of a plan approved under 
section 18 of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 
667). 
‘‘(B) LENGTH OF INELIGIBILITY.— 
‘‘(i) TEMPORARY INELIGIBILITY.—An 
employer described in clause (i) or (ii) of 
subparagraph (A) whose application is de-
nied shall not be eligible to be a registered 
employer for a period that is not less than 
1 year or a time period determined by the 
Secretary, whichever is greater, and not 
more than 2 years. 
‘‘(ii) PERMANENT
INELIGIBILITY.— 
An employer described in clause (iii), (iv), 
or (v) of subparagraph (A) shall be perma-
nently ineligible to be a registered em-
ployer. 
‘‘(4) TERM OF REGISTRATION.—The Secretary 
may approve an application only for a term, begin-
ning on the date of approval, and ending on the 
later of— 
‘‘(A) the date that is 3 years thereafter; or 
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‘‘(ii) that the registered employer re-
mains a bona fide employer operating in a 
full employment area; and 
‘‘(iii) to the number of H–2C non-
immigrants the employer employed the 
prior year. 
‘‘(B) NO LONGER A FULL EMPLOYMENT 
AREA.—An employer is ineligible to file an ap-
plication for a new permit or to renew an exist-
ing permit if the unemployment rate in the 
county or metropolitan statistical area where 
the business said employer operates rises so 
that the area is no longer designated as a full 
employment area. 
‘‘(8) NOTICE
OF
FAILURE
OF
H–2C
NON-
IMMIGRANT TO APPEAR.—An employer shall inform 
the Secretary if an H–2C nonimmigrant does not 
appear for employment with the employer during the 
time period specified in subsection (c)(6)(A)(i). 
‘‘(e) REGISTERED POSITIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) APPLICATION.—Each employer may 
submit with an application or renewal under 
subsection (d) for adjudication to the Secretary 
an application to designate a registered position 
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for which the employer is seeking to hire an H– 
2C nonimmigrant at any time during the year 
without regard to the date the employer needs 
each position to be filled. 
‘‘(B) ATTESTATION.—An application sub-
mitted under subparagraph (A) shall include a 
general description of each such position and an 
attestation to each of the following: 
‘‘(i) The number of full-time equiva-
lent employees of the employer. 
‘‘(ii) The occupational category, as 
classified by Bureau of Labor Statistics, 
for which each registered position is 
sought. 
‘‘(iii) That the wages to be paid to H– 
2C nonimmigrants employed by the em-
ployer in each registered position will be 
the greater of— 
‘‘(I) the actual wage level paid by 
the employer to other employees with 
similar experience and qualifications 
for such position in the same location; 
or 
‘‘(II) the prevailing wage level for 
the occupational classification of the 
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position in the metropolitan statistical 
area of the employment, based on the 
best information available as of the 
time of filing the application. 
‘‘(iv) That the employer has carried 
out the recruiting activities required by 
paragraph (2)(B). 
‘‘(v) That, subject to subparagraphs 
(B) and (C) of paragraph (2)— 
‘‘(I) there is no equally or better 
qualified United States worker who 
has applied for the position and who 
is ready, willing, and able to fill such 
position; or 
‘‘(II) such position qualifies as 
an enduring job opening. 
‘‘(vi) That there is not a strike, lock-
out, or work stoppage in the course of a 
labor dispute in the occupation at the place 
of employment at which the H–2C non-
immigrant will be employed. If such strike, 
lockout, or work stoppage occurs following 
submission of the application, the employer 
will provide notification in accordance with 
all applicable regulations. 
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‘‘(vii)(I) The employer has not laid off 
and will not lay off a United States worker 
during the period beginning 45 days prior 
to and ending 45 days after the date the 
employer files an application for designa-
tion of a position for which the H–2C non-
immigrant is sought or hires such H–2C 
nonimmigrant, unless the employer has 
made a reasonable effort to contact and 
offer such United States worker the posi-
tion, or documented the legitimate reasons 
that such United States worker is not 
qualified or available for the position. 
‘‘(II) A United States worker is not 
laid off for purposes of this clause if— 
‘‘(aa) at the time such worker’s 
employment is terminated, such work-
er is not employed in the same occu-
pation and in the same metropolitan 
statistical area where the registered 
position is located. A United States 
worker is not laid off for purposes of 
this clause if, in the 45 calendar days 
before the hiring of an H–2C non-
immigrant, the employer adds another 
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United States worker so that the total 
number of United States workers em-
ployed by such employer in the same 
occupation 
as 
such 
H–2C 
non-
immigrant and in the same metropoli-
tan statistical area where the reg-
istered position is located has not de-
creased; or 
‘‘(bb) in the 45 calendar days 
after the hiring of an H–2C non-
immigrant, the employer adds another 
United States worker within 5 busi-
ness days after laying off a United 
States worker so that the total num-
ber of United States workers em-
ployed by such employer in the same 
occupation 
as 
such 
H–2C 
non-
immigrant and in the same metropoli-
tan statistical area where the reg-
istered position is located has not de-
creased. 
‘‘(C) DEFINITIONS.— 
‘‘(i) 
BEST
INFORMATION
AVAIL-
ABLE.—In subparagraph (B)(iii)(II), the 
term ‘best information available’, with re-
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spect to determining the prevailing wage 
for a position, means— 
‘‘(I) a controlling collective bar-
gaining agreement, to which the em-
ployer is a signatory and which sets 
wages for work performed by H–2C 
nonimmigrants; 
‘‘(II) if there is no controlling 
collective bargaining agreement as set 
forth in subclause (I), the local, State, 
or Federal prevailing wage laws or or-
dinances, for any time period during 
which the H–2C nonimmigrant per-
forms work on a project for which 
payment of such wages is required by 
such laws or ordinances, and the em-
ployer has signed a contract agreeing 
to pay such wages on that project; or 
‘‘(III) if there is no controlling 
collective bargaining agreement as set 
forth in subclause (I) and the H–2C 
nonimmigrant is not performing work 
on a project governed by a prevailing 
wage law or ordinance as set forth in 
subclause (II)— 
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‘‘(aa) the wage level com-
mensurate with the experience, 
training, 
and 
supervision 
re-
quired for the job based on Bu-
reau of Labor Statistics data; or 
‘‘(bb) a legitimate private 
wage survey of the wages paid 
for such positions in the metro-
politan statistical area. 
‘‘(ii) 
LEGITIMATE
PRIVATE
WAGE 
SURVEY.—In this paragraph, the term ‘le-
gitimate private wage survey’ means, in 
the case of an application under subpara-
graph (A), a survey of wages by an entity 
other than the Federal Government— 
‘‘(I) for which the data has been 
collected during the 2-year period im-
mediately preceding the date of the 
application; 
‘‘(II) that, if a published survey, 
has been published during the 2-year 
period immediately preceding the date 
of the application; 
‘‘(III) that is of the industry or 
occupation of intended employment; 
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‘‘(IV) in which the employer job 
description is similar to the survey job 
description; 
‘‘(V) that is across industries 
that employ workers in the occupa-
tion; 
‘‘(VI) for which the wage deter-
mination is based on a weighted or 
straight average of the relevant wages, 
or another valid measure of central 
tendency determined by the Secretary 
of Labor of relevant wage levels; and 
‘‘(VII) that identifies a statis-
tically valid methodology that was 
used to collect the data. 
‘‘(D) PERMIT.—The Secretary shall pro-
vide each registered employer whose application 
submitted under subparagraph (A) is approved 
with a permit that includes the number and de-
scription of such employer’s approved registered 
positions at the time of such approval. 
‘‘(E) REGISTRY
OF
REGISTERED
POSI-
TIONS.— 
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‘‘(i) MAINTENANCE
OF
REGISTRY.— 
The Secretary shall develop and maintain 
a registry of registered positions. 
‘‘(ii) AVAILABILITY
ON
WEBSITE.— 
Such registry shall be accessible on a 
website maintained by the Secretary. 
‘‘(iii) AVAILABILITY ON STATE WORK-
FORCE
AGENCY
WEBSITES.—Each work-
force agency of each State shall be linked 
to such registry. 
‘‘(iv) CONDITIONS
OF
AVAILABILITY 
ON WEBSITE.— 
‘‘(I) REGISTERED
POSITIONS.— 
Each registered position shall be in-
cluded in the registry of registered po-
sitions maintained by the Secretary 
and shall remain available for viewing 
on such registry throughout the pe-
riod of approval under paragraph (5). 
‘‘(II) AVAILABILITY
AND
ELIGI-
BILITY.—The Secretary shall ensure 
that the registry indicates whether 
each registered position in the registry 
is filled or unfilled. 
‘‘(2) REQUIREMENTS.— 
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‘‘(A) ELIGIBLE
OCCUPATION.—Each reg-
istered position shall be for a position in an eli-
gible occupation as described in paragraph (3). 
‘‘(B) RECRUITMENT
OF
UNITED
STATES 
WORKERS.— 
‘‘(i) REQUIREMENTS.—A position may 
not be a registered position unless the reg-
istered employer— 
‘‘(I) advertises the position for a 
period of 30 days, including the wage 
range, location or locations, and pro-
posed start date— 
‘‘(aa) 
on 
the 
Internet 
website maintained by the Sec-
retary of Labor for the purpose 
of such advertising; and 
‘‘(bb) with the workforce 
agency of the State where the po-
sition will be located; and 
‘‘(II) except as provided for in 
subsection (f)(4)(A)(ii), carries out 
not less than 3 of the recruiting ac-
tivities described in subparagraph (C). 
‘‘(ii) DURATION
OF
ADVERTISING.— 
The 30-day periods required by items (aa) 
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and (bb) of clause (i)(I) may occur at the 
same time. 
‘‘(C) RECRUITING ACTIVITIES.—Recruiting 
activities described in this subparagraph shall 
take place no earlier than 60 days before an 
employer files an application for a permit to 
hire an H–2C nonimmigrant and may be con-
current with the requirements of subsection 
(e)(2)(B). A recruiting activity is any of the fol-
lowing: 
‘‘(i) Advertising such position at a job 
fair. 
‘‘(ii) Advertising such position on the 
employer’s external website. 
‘‘(iii) Advertising such position on a 
job search Internet website. 
‘‘(iv) Advertising such position using a 
presentation or posting at a vocational 
school, career technical school, community 
college, high school, or other educational or 
training site. 
‘‘(v) Posting such position with a 
trade association. 
‘‘(vi) Utilizing a search firm to seek 
applicants for such position. 
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‘‘(vii) 
Advertising 
such 
position 
through a recruitment program with a 
placement office at a vocational school, ca-
reer technical school, community college, 
high school, or other educational or train-
ing site. 
‘‘(viii) Advertising such position with 
a local library, journal, or newspaper. 
‘‘(ix) Seeking a candidate for such po-
sition through an employee referral pro-
gram with incentives. 
‘‘(x) Advertising such position on 
radio or television. 
‘‘(xi) 
Advertising 
such 
position 
through an advertising, posting, or presen-
tation with a newspaper, Internet website, 
job fair, or community event targeted to 
constituencies designed to increase em-
ployee diversity. 
‘‘(xii) 
Advertising 
such 
position 
through a career day presentation at a 
local high school or community organiza-
tion. 
‘‘(xiii) Providing in-house training for 
such position. 
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‘‘(xiv) Providing third-party training 
for such position. 
‘‘(xv) 
Advertising 
such 
position 
through recruitment, educational, or other 
cooperative programs offered by the em-
ployer and a local economic development 
authority. 
‘‘(xvi) Advertising such position twice 
in a Sunday edition in a primary daily cir-
culation newspaper. 
‘‘(3) ELIGIBLE OCCUPATION.— 
‘‘(A) IN GENERAL.—An occupation is an 
eligible occupation if the occupation— 
‘‘(i) is a zone 1 occupation, a zone 2 
occupation, or zone 3 occupation; and 
‘‘(ii) is not an excluded occupation 
under subparagraph (B). 
‘‘(B) OCCUPATIONS
REQUIRING
COLLEGE 
DEGREES.—An occupation that is listed in the 
Occupational Outlook Handbook published by 
the Bureau of Labor Statistics (or similar suc-
cessor publication) that is classified as requir-
ing an individual with a bachelor’s degree or 
higher level of education may not be an eligible 
occupation. 
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‘‘(C) PUBLICATION.—The Secretary of 
Labor shall publicize the eligible occupations, 
designated as zone 1 occupations, zone 2 occu-
pations, or zone 3 occupations, on an ongoing 
basis on a publicly available Internet website. 
‘‘(4) FILLING
OF
VACANCIES.—If an H–2C 
nonimmigrant terminates employment in a reg-
istered position or is terminated from such employ-
ment by the registered employer, such employer may 
fill that vacancy by hiring an H–2C nonimmigrant 
other than an initial H–2C nonimmigrant. 
‘‘(5) PERIOD OF APPROVAL.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a registered position shall be 
approved by the Secretary for a period that be-
gins on the date of such approval and ends on 
the earliest of— 
‘‘(i) the date the employer’s status as 
a registered employer is terminated; 
‘‘(ii) 3 years after the date of such ap-
proval; 
‘‘(iii) 240 days after the date of such 
approval if such position has not been 
filled by an H–2C nonimmigrant at any 
point during such time; or 
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‘‘(iv) upon termination of the reg-
istered position by the employer. 
‘‘(B) RENEWAL.—An approval under sub-
paragraph (A) shall be renewed for not more 
than 2 additional periods at the request of the 
registered employer as provided in this subpara-
graph if such registered employer fulfills the re-
quirements of paragraphs (1)(C) and (2). 
‘‘(C) RENEWING EMPLOYER EXEMPTION.— 
Renewals of registered positions by employers 
shall not be counted toward the limits estab-
lished under paragraph (1)(A) or (2)(D) of sub-
section (f) or counted for the purposes of a nu-
merical limitation under subparagraph (B) or 
(C) of subsection (f)(2). 
‘‘(D) SECRETARY AUTHORITY TO TERMI-
NATE
REGISTERED
POSITION.—The Secretary 
shall terminate a registered position if the Sec-
retary determines— 
‘‘(i) that an employer has purposefully 
allowed a registered position to be used for 
an alien to gain admission to the United 
States as an H–2C nonimmigrant with no 
intention of such alien working for such 
registered employer; or 
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‘‘(ii) that there exists a pattern and 
practice of initial H–2C nonimmigrants 
failing to report in accordance with the 
time 
period 
specified 
in 
subsection 
(c)(6)(A)(i). 
‘‘(6) FEES.— 
‘‘(A) REGISTRATION FEE.— 
‘‘(i) IN GENERAL.—At the time an ap-
plication to register a position is approved 
and after each renewal of such position, 
each registered employer shall pay a fee in 
an amount determined by the Secretary. 
‘‘(ii) USE OF FEE.—Except as other-
wise provided in this section, a fee col-
lected under clause (i) shall be used to 
fund any action to carry out this section, 
except for subsection (q) and subsection 
(p)(2). 
‘‘(B) PROHIBITION ON OTHER FEES.—A 
registered employer may not be required to pay 
an additional fee other than any fees specified 
in this Act. 
‘‘(7) INITIAL REVIEW OF APPLICATIONS.— 
‘‘(A) IN GENERAL.—For applications filed 
and considered under paragraph (1)— 
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‘‘(i) unless the Secretary determines 
that the application is incomplete, facially 
invalid, or obviously inaccurate, the Sec-
retary, not later than 10 business days 
after the date on which such application 
was filed, shall either approve or reject the 
application and provide the applicant with 
notice of such action by means ensuring 
same or next day delivery; and 
‘‘(ii) if the Secretary determines that 
the application is incomplete, facially in-
valid, or obviously inaccurate, the Sec-
retary shall— 
‘‘(I) not later than 10 business 
days after the date on which such ap-
plication was filed, notify the appli-
cant of the deficiencies to be corrected 
by means ensuring same or next day 
delivery; and 
‘‘(II) not later than 10 business 
days after receipt of the corrected ap-
plication, approve or deny the applica-
tion and provide the applicant with 
notice of such action by means ensur-
ing same or next day delivery. 
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‘‘(B) PREMIUM
PROCESSING.—The Sec-
retary shall establish a process for expedited 
processing of applications under this section, 
subject to the payment of an additional fee, as 
determined by the Secretary. 
‘‘(C) FEE
REDUCTION.—The Secretary 
shall reduce the registration fee under para-
graph (6) by 5 percent for each day the applica-
tion is delayed beyond the required review peri-
ods under subparagraph (A). 
‘‘(8) EXPEDITED REVIEW.—Not later than 1 
year after the date of enactment of the Workforce 
for an Expanding Economy Act, the Secretary shall 
promulgate regulations to provide for an expedited 
procedure for the review of a denial of an application 
under this section by the Secretary. 
‘‘(f) NUMERICAL LIMITATION.— 
‘‘(1) 
REGISTERED
POSITIONS.—Subject 
to 
paragraphs (3), (4), and (5), the maximum number 
of registered positions that may be approved by the 
Secretary for a fiscal year is as follows: 
‘‘(A) For the first full fiscal year after the 
effective date of the Workforce for an Expand-
ing Economy Act that aliens are admitted as 
H–2C nonimmigrants, 65,000. 
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‘‘(B) For each fiscal year after that first 
fiscal year, the level calculated for that fiscal 
year under paragraph (2). 
‘‘(2) SUBSEQUENT FISCAL YEARS.— 
‘‘(A) DEFINITION
OF
CURRENT
FISCAL 
YEAR AND PRECEDING FISCAL YEAR.—In this 
paragraph: 
‘‘(i) CURRENT
FISCAL
YEAR.—The 
term ‘current fiscal year’ means the fiscal 
year for which the calculation of the nu-
merical limits under this paragraph is 
being performed. 
‘‘(ii) PRECEDING FISCAL YEAR.—The 
term ‘preceding fiscal year’ means the fis-
cal year immediately preceding the current 
fiscal year. 
‘‘(B) NUMERICAL LIMITATION.—Subject to 
subparagraph (D), the maximum number of 
registered positions that may be approved by 
the Secretary for a fiscal year after the first fis-
cal year referred to in paragraph (1)(A) shall 
be equal to— 
‘‘(i) 65,000 for the first fiscal year in 
which the program is implemented; and 
‘‘(ii) in any subsequent fiscal year— 
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‘‘(I) if the total number of reg-
istered positions allocated for that fis-
cal year are allotted within the first 
quarter of that fiscal year, then an 
additional 20 percent of the allocated 
number shall be made available imme-
diately and the allocated amount for 
the following fiscal year shall increase 
by 20 percent of the original allocated 
amount in the prior fiscal year; 
‘‘(II) if the total number of reg-
istered positions allocated for that fis-
cal year are allotted within the second 
quarter of that fiscal year, then an 
additional 15 percent of the allocated 
number shall be made available imme-
diately and the allocated amount for 
the following fiscal year shall increase 
by 15 percent of the original allocated 
amount in the prior fiscal year; 
‘‘(III) if the total number of reg-
istered positions allocated for that fis-
cal year are allotted within the third 
quarter of that fiscal year, then an 
additional 10 percent of the allocated 
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number shall be made available imme-
diately and the allocated amount for 
the following fiscal year shall increase 
by 10 percent of the original allocated 
amount in the prior fiscal year; 
‘‘(IV) if the total number of reg-
istered positions allocated for that fis-
cal year are allotted within the last 
quarter of that fiscal year, then the 
allocated amount for the following fis-
cal year shall increase by 10 percent 
of the original allocated amount in the 
prior fiscal year; and 
‘‘(V) with the exception of the 
first subsequent fiscal year to the fis-
cal year in which the program is im-
plemented, if fewer registered posi-
tions were allotted the previous fiscal 
year than the number of registered 
positions allocated for that year and 
the reason was not due to processing 
delays or delays in promulgating regu-
lations, then the allocated amount for 
the following fiscal year shall decrease 
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by 10 percent of the allocated amount 
in the prior fiscal year. 
‘‘(C) MINIMUM AND MAXIMUM LEVELS.— 
Notwithstanding the number of registered posi-
tions calculated under subparagraph (B), the 
number of registered positions made available 
for a fiscal year under this paragraph may not 
be less than 45,000 or more than 85,000. 
‘‘(D) SUBSEQUENT ALLOCATIONS.— 
‘‘(i) IN
GENERAL.—Subject to the 
limitations under subparagraph (C)— 
‘‘(I) the maximum number of 
registered positions available for the 
current fiscal year calculated under 
subparagraph (B) may be increased 
for the 6-month period beginning on 
the first day of the current fiscal year 
by 5 percent of the maximum number 
of registered positions allocated for 
that 6-month period under subsection 
(h)(1), if all such allocated registered 
positions have been approved prior to 
the 6th month of that 6-month period; 
and 
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‘‘(II) the maximum number of 
registered positions available for the 
current fiscal year calculated under 
subparagraph (B) may be increased 
for the 6-month period ending on the 
last day of the current fiscal year by 
5 percent of the maximum number of 
registered positions allocated for that 
6-month 
period 
under 
subsection 
(h)(2), if all such allocated registered 
positions have been approved prior to 
the 6th month of that 6-month period. 
‘‘(ii) LOTTERY
ALLOCATION.—Addi-
tional registered positions made available 
under clause (i) during a 6-month period 
shall be allocated 3 weeks prior to the last 
day of that 6-month period by lottery 
among registered employers that submit 
applications in accordance with this section 
for such positions. 
‘‘(3) SPECIAL
ALLOCATIONS
OF
REGISTERED 
POSITIONS.— 
‘‘(A) AUTHORITY TO MAKE AVAILABLE.— 
In addition to the number of registered posi-
tions made available for a fiscal year under 
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paragraphs (1) and (3), the Secretary shall 
make additional registered positions available, 
up to the maximum number of registered posi-
tions specified in paragraph (3)(C), for the fis-
cal year for a specific registered employer as 
described in this paragraph, if— 
‘‘(i)(I) the maximum number of reg-
istered positions available under paragraph 
(2)(B) have been approved for the fiscal 
year and none remain available for alloca-
tion; or 
‘‘(II) such registered employer is lo-
cated in a full employment area; 
‘‘(ii) such registered employer has 
paid a scarcity recruitment fee; or 
‘‘(iii) in the case of registered employ-
ers with 50 or fewer employees, such reg-
istered employer has carried out not less 
than 7 of the recruiting activities described 
in subsection (e)(2)(C) and posts the posi-
tion, including the wage range, location, 
and initial date of employment, for not less 
than 30 days— 
‘‘(I) on the Internet website 
maintained by the Secretary of Labor 
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for the purpose of such advertising; 
and 
‘‘(II) with the workforce agency 
of the State where the position will be 
located. 
‘‘(B) RECRUITMENT.— 
‘‘(i) LIMITATION
FOR
INITIAL
H–2C 
NONIMMIGRANTS.—Except as provided in 
clause (ii), an initial H–2C nonimmigrant 
may only enter the United States for ini-
tial employment pursuant to a special allo-
cation under this paragraph if the reg-
istered employer has carried out at least 7 
of the recruiting activities described in sub-
section (e)(2)(C) or has paid a scarcity re-
cruitment fee. 
‘‘(ii) EXCEPTION.—A registered em-
ployer may register a position pursuant to 
a special allocation under this paragraph 
by conducting at least 3 of the recruiting 
activities described in subsection (e)(2)(C), 
however a position registered pursuant to 
this clause may not be filled by an initial 
H–2C nonimmigrant. 
‘‘(iii) ADVERTISING THE POSITION.— 
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‘‘(I) REQUIREMENT.—Any reg-
istered employer registering any posi-
tion under the special allocation au-
thority shall post the position, includ-
ing the wage range, location or loca-
tions, and initial date of employment, 
for not less than 30 days— 
‘‘(aa) 
on 
the 
Internet 
website maintained by the Sec-
retary of Labor for the purpose 
of such advertising; and 
‘‘(bb) with the workforce 
agency of the State where the po-
sition will be located. 
‘‘(II) TIMING.—The 30-day peri-
ods required by items (aa) and (bb) of 
subclause (I) may occur at the same 
time. 
‘‘(4) UNFILLED POSITIONS.—If an H–2C non-
immigrant has not been employed in registered posi-
tion during any portion of the 240-day period after 
the date of the approval of the position, the reg-
istered position shall be terminated and added to the 
number of positions made available for the next 6- 
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month allocation period under paragraph (1) or (2) 
of subsection (i). 
‘‘(g) FEDERAL PUBLIC BENEFITS.— 
‘‘(1) IN GENERAL.—H–2C nonimmigrants— 
‘‘(A) are not entitled to the premium as-
sistance tax credit authorized under section 
36B of the Internal Revenue Code of 1986; 
‘‘(B) shall be subject to the rules applica-
ble to individuals who are not lawfully present 
as set forth in subsection (e) of such section; 
and 
‘‘(C) shall not be allowed any credit under 
section 24 or 32 of the Internal Revenue Code 
of 1986, and, in the case of a joint return, no 
credit shall be allowed under either such section 
if both spouses are H–2C nonimmigrants. 
‘‘(2) EMPLOYER
FEE.—For purposes of sub-
sections (a)(2), (b)(1)(B), and (c)(2)(A) of section 
4980H of the Internal Revenue Code of 1986, the 
H–2C nonimmigrant shall be treated as a full-time 
employee certified as having enrolled in a qualified 
health plan with respect to which an applicable pre-
mium tax credit or cost-sharing reduction is allowed 
or paid with respect to the employee. 
‘‘(h) ALLOCATION OF REGISTERED POSITIONS.— 
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‘‘(1) IN GENERAL.— 
‘‘(A) FIRST 6-MONTH PERIOD.—The num-
ber of registered positions available under para-
graph (2) of subsection (f) (except those made 
available under subparagraph (E) of such para-
graph) for the 6-month period beginning on the 
first day of a year is 50 percent of the max-
imum number of registered positions available 
for such year under paragraph (1)(A)(i) or 
(2)(B) of subsection (f). Such registered posi-
tions shall be allocated as described in this sub-
section. 
‘‘(B) SECOND
6-MONTH
PERIOD.—The 
number of registered positions available under 
paragraph (2) of subsection (f) (except those 
made available under subparagraph (E) of such 
paragraph) for the 6-month period ending on 
the last day of a year is the maximum number 
of registered positions available for such year 
under paragraph (1)(A)(i) or (2)(B) of sub-
section (f) minus the number of registered posi-
tions approved during the 6-month period re-
ferred to in subparagraph (A). Such registered 
positions shall be allocated as described in this 
subsection. 
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‘‘(2) SMALL BUSINESSES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
reserve not less than one quarter of the number 
of registered positions initially allocated for 
each 6-month period under subsection (f)(2)(B) 
only for a registered employer that is a small 
business unless— 
‘‘(i) any such registered positions are 
not approved in the first 4 months of each 
6-month period; or 
‘‘(ii) less than one quarter of the reg-
istered positions initially allocated for the 
6-month period remain available after the 
first month. 
‘‘(B) CONDITION MET.—If a condition re-
ferred to in clause (i) or (ii) of subparagraph 
(A) is met, any remaining registered positions 
shall be available for any registered employer. 
‘‘(i) PORTABILITY.— 
‘‘(1) NONIMMIGRANT PORTABILITY.—An H–2C 
nonimmigrant who is employed in a registered posi-
tion may— 
‘‘(A) be employed at any worksite if the 
registered employer advertised such location 
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under 
subsection 
(e)(2)(B)(i)(I) 
or 
(f)(3)(B)(iii); 
‘‘(B) terminate such employment at any 
time, for any reason; and 
‘‘(C) seek and accept employment with an-
other registered employer in any other reg-
istered position within the terms and conditions 
of the H–2C nonimmigrant visa. 
‘‘(2) EMPLOYER
PORTABILITY.—A registered 
employer who employs an H–2C nonimmigrant 
may— 
‘‘(A) employ such nonimmigrant at any 
worksite if the registered employer advertised 
such location under subsection (e)(2)(B)(i)(I) 
or (f)(3)(B)(iii); 
‘‘(B) terminate such employment at any 
time for any reason if such reason is lawful for 
United States workers; and 
‘‘(C) seek and hire another H–2C non-
immigrant in accordance with subsection (e)(4). 
‘‘(3) AT-WILL EMPLOYMENT.—Notwithstanding 
any other provision of law, employment pursuant to 
this section shall be considered at-will unless speci-
fied by a contract agreed to by the H–2C non-
immigrant and the registered employer. 
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‘‘(j) PROMOTION.—A registered employer may pro-
mote an H–2C nonimmigrant if the H–2C nonimmigrant 
has been employed with that employer for a period of not 
less than 12 months. Such a promotion shall not increase 
the total number of registered positions available to that 
employer. 
‘‘(k) ASSESSING THE IMPACT OF THE H–2C PRO-
GRAM.— 
‘‘(1) STUDY.—The Director of the Bureau of 
the Census, jointly with the Secretary, the Secretary 
of Energy, the Secretary of Health and Human 
Services, the Secretary of Housing and Urban De-
velopment, the Secretary of the Interior, the Sec-
retary of Labor, the Secretary of Transportation, 
the Secretary of the Treasury, and the Attorney 
General, shall undertake a study examining the im-
pacts of this section as well as a possible future per-
manent H–2C program on the infrastructure of, and 
quality of life in, the participating metropolitan sta-
tistical areas and counties. 
‘‘(2) REPORT.—Not later than 3 years after the 
date of the enactment of the Workforce for an Ex-
panding Economy Act, the Director of the Bureau 
of the Census shall submit to Congress a report on 
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the findings of the study required by paragraph (1), 
including the following information: 
‘‘(A) An estimate of legal and illegal immi-
grants in participating counties and metropoli-
tan statistical areas, the estimated change in 
those populations since commencement of the 
program, and the estimated change to the num-
ber of United States workers in such counties 
and metropolitan statistical areas. 
‘‘(B) The impact of H–2C nonimmigrants 
on employment and wage rates for United 
States workers in State labor markets affected 
by worker inflows into the full employment 
areas where the program operates. The study 
should pay particular attention to the industries 
and services in which H–2C nonimmigrants are 
concentrated. It should take into consideration 
equilibrating labor flows in and out of said full 
employment areas, and it should consider asso-
ciated costs and benefits, including those re-
lated to public services, infrastructure mainte-
nance, business startups, investment, and over-
all economic activity. 
‘‘(C) The impact of H–2C nonimmigrants 
on home ownership rates, housing prices, and 
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the demand for low-income and subsidized 
housing in participating counties and metropoli-
tan statistical areas and the public expenditures 
required to maintain current median standards 
in these areas and the degree to which those 
standards will deteriorate if such expenditures 
are not forthcoming. 
‘‘(D) The impact of H–2C nonimmigrants 
on access to quality health care in participating 
counties and metropolitan statistical areas, on 
the cost of health care and health insurance, 
and an estimate of the public expenditures re-
quired to maintain current median standards 
and the degree to which those standards will 
deteriorate if such expenditures are not forth-
coming. 
‘‘(E) The impact of H–2C nonimmigrants 
on the criminal justice system in participating 
counties and metropolitan statistical areas, and 
an estimate of associated public costs. 
‘‘(F) The impact of permitting non-sea-
sonal low skilled workers that currently do not 
qualify for H–2C nonimmigrant status to qual-
ify for H–2C nonimmigrant status or of cre-
ating a new program to provide nonimmigrant 
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status for such non-seasonal low skilled work-
ers, including— 
‘‘(i) any impact on United States 
workers; 
‘‘(ii) any impact on employers that 
are utilizing H–2C nonimmigrants; 
‘‘(iii) any impact on employers that do 
not 
qualify 
to 
employ 
H–2C 
non-
immigrants; and 
‘‘(iv) any impact on H–2C non-
immigrants. 
‘‘(l) H–2C NONIMMIGRANT PROTECTIONS.— 
‘‘(1) WAIVER OF RIGHTS PROHIBITED.— 
‘‘(A) 
IN
GENERAL.—An 
H–2C 
non-
immigrant may not be required to waive any 
substantive rights or protections under this Act. 
‘‘(B) CONSTRUCTION.—Nothing in this 
paragraph may be construed to affect the inter-
pretation of any other law. 
‘‘(2) PROHIBITION
ON
TREATMENT
AS
INDE-
PENDENT CONTRACTORS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law— 
‘‘(i) an H–2C nonimmigrant is prohib-
ited from being treated as an independent 
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contractor under any Federal or State law; 
and 
‘‘(ii) no person, including any em-
ployer, labor contractor, or any person who 
is affiliated with or contracts with an em-
ployer or labor contractor, may treat an 
H–2C nonimmigrant as an independent 
contractor. 
‘‘(B) CONSTRUCTION.—Subparagraph (A) 
may not be construed to prevent registered em-
ployers who operate as independent contractors 
from employing H–2C nonimmigrants. 
‘‘(3) PAYMENT OF FEES.—A fee related to the 
hiring of an H–2C nonimmigrant required to be paid 
by an employer under this Act shall be paid by the 
employer and may not be deducted from the wages 
or other compensation paid to an H–2C non-
immigrant. 
‘‘(4) TAX
RESPONSIBILITIES.—An employer 
shall comply with all applicable Federal, State, and 
local tax laws with respect to each H–2C non-
immigrant employed by the employer. 
‘‘(5) WHISTLEBLOWER PROTECTION.—It shall 
be unlawful for an employer of an H–2C non-
immigrant to intimidate, threaten, restrain, coerce, 
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