,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #aggc  ,,in ,,the ,,house ,,of  
,,representatives  ,april #bf1 #bjac    
,mr4 ,goodlatte 7for himself1 ,mr4      
,smith of ,texas1 ,mr4 ,gowdy1 ,mr4     
,farenthold1 ,mr4 ,westmoreland1 ,mr4   
,poe of ,texas1 ,mr4 ,holding1 ,mr4     
,peterson1 and ,mr4 ,hurt7 introduced   
the following bill2 which was referred  
to the ,committee on the ,judiciary1 and
 in addition to the ,committees on      
,education and the ,workforce and ,ways 
and ,means1 for a period to be          
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to create a nonimmigrant    
,h-#b;,c work visa program for          
agricultural workers1 and for other     
purposes4  #a4 ,short title ,this ,act  
may be cited as--  7#a7 the             
,agricultural ,guestworker ,act2 or     
7#b7 the ,,ag ,act4  #b4 ,h-#b;,c       
temporary agricultural work visa program

  7a7 ,in general ,section              
#aja7;a77#ae77;,h7 of the ,immigration  
and ,nationality ,act 7#h ,u4,s4,c4     
#aaja7;a77#ae77;,h77 is amended by      
striking 2 or 7iii7 and inserting 1 or  
7c7 having a residence in a foreign     
country which he has no intention of    
abandoning who is coming temporarily to 
the ,united ,states to perform          
agricultural labor or services2 or      
7iii74  7b7 ,definition ,section        
#aja7;a7 of such ,act 7#h ,u4,s4,c4     
#aaja7;a77 is amended by adding at the  
end the following3  7#ec7 ,the term     
agricultural labor or services has the  
meaning given such term by the          
,secretary of ,agriculture in           
regulations and includes agricultural   
labor as defined in section #caba7;g7 of
 the ,internal ,revenue ,code of #aihf1 
agriculture as defined in section #c7;f7
 of the ,fair ,labor ,standards ,act of 
#aich 7#bi ,u4,s4,c4 #bjc7;f771 the     
handling1 planting1 drying1 packing1    
packaging1 processing1 freezing1 or     

grading prior to delivery for storage of
 any agricultural or horticultural      
commodity in its unmanufactured state1  
all activities required for the         
preparation1 processing or manufacturing
 of a product of agriculture 7as such   
term is defined in such section #c7;f77 
for further distribution1 and activities
 similar to all the foregoing as they   
relate to fish or shellfish in          
aquaculture facilities4  4  #c4         
,admission of temporary ,h-#b;,c workers
  7a7 ,procedure for admission ,chapter 
#b of title ,,ii of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4 #aaha  
et seq47 is amended by inserting after  
section #bah the following3  #bah;,a4   
,admission of temporary ,h-#b;,c workers
  7a7 ,definitions ,in this section and 
section #bah;,b3  7#a7 ,area of         
employment ,the term area of employment 
means the area within normal commuting  
distance of the worksite or physical    
location where the work of the ,h-#b;,c 
worker is or will be performed4 ,if such

 work site or location is within a      
,metropolitan ,statistical ,area1 any   
place within such area shall be         
considered to be within the area of     
employment4  7#b7 ,displace ,the term   
displace means to lay off a worker from 
a job that is essentially equivalent to 
the job for which an ,h-#b;,c worker is 
sought4 ,a job shall not be considered  
to be essentially equivalent to another 
job unless the job--  7,a7 involves     
essentially the same responsibilities as
 such other job2  7,b7 was held by a    
,united ,states worker with             
substantially equivalent qualifications 
and experience2 and  7,c7 is located in 
the same area of employment as the other
 job4  7#c7 ,eligible individual ,the   
term eligible individual means an       
individual who is not an unauthorized   
alien 7as defined in section            
#bgd;,a7h77#c77 with respect to the     
employment of the individual4  7#d7     
,employer ,the term employer means an   
employer who hires workers to perform   

agricultural employment4  7#e7 ,h-#b;,c 
worker ,the term ,h-#b;,c worker means a
 nonimmigrant described in section      
#aja7;a77#ae77;,h77ii77c74  7#f7 ,lay   
off  7,a7 ,in general ,the term lay     
off--  7i7 means to cause a worker's    
loss of employment1 other than through a
 discharge for inadequate performance1  
violation of workplace rules1 cause1    
voluntary departure1 voluntary          
retirement1 or the expiration of a grant
 or contract 7other than a temporary    
employment contract entered into in     
order to evade a condition described in 
paragraph 7#c7 of subsection 7b772 and  
7ii7 does not include any situation in  
which the worker is offered1 as an      
alternative to such loss of employment1 
a similar employment opportunity with   
the same employer 7or1 in the case of a 
placement of a worker with another      
employer under subsection 7b77#g71 with 
either employer described in such       
subsection7 at equivalent or higher     
compensation and benefits than the      

position from which the employee was    
discharged1 regardless of whether or not
 the employee accepts the offer4  7,b7  
,construction ,nothing in this paragraph
 is intended to limit an employee's     
rights under a collective bargaining    
agreement or other employment contract4 
7#g7 ,prevailing wage ,the term         
prevailing wage means the wage rate paid
 to workers in the same occupation in   
the area of employment as computed      
pursuant to section #bab7p74  7#h7      
,united ,states worker ,the term ,united
 ,states worker means any worker who    
is--  7,a7 a citizen or national of the 
,united ,states2 or  7,b7 an alien who  
is lawfully admitted for permanent      
residence1 is admitted as a refugee     
under section #bjg1 is granted asylum   
under section #bjh1 or is an immigrant  
otherwise authorized1 by this ,act or by
 the ,secretary of ,homeland ,security1 
to be employed4  7b7 ,petition ,an      
employer1 or an association acting as an
 agent or joint employer for its        

members1 that seeks the admission into  
the ,united ,states of an ,h-#b;,c      
worker shall file with the ,secretary of
 ,agriculture a petition attesting to   
the following3  7#a7 ,temporary work or 
services  7,a7 ,in general ,the employer
 is seeking to employ a specific number 
of agricultural workers on a temporary  
basis and will provide compensation to  
such workers at a specified wage rate4  
7,b7 ,definition ,for purposes of this  
paragraph1 a worker is employed on a    
temporary basis if the employer intends 
to employ the worker for no longer than 
#ah months 7except for sheepherders7    
during any contract period4  7#b7       
,benefits1 wages1 and working conditions
 ,the employer will provide1 at a       
minimum1 the benefits1 wages1 and       
working conditions required by          
subsection 7k7 to all workers employed  
in the jobs for which the ,h-#b;,c      
worker is sought and to all other       
temporary workers in the same occupation
 at the place of employment4  7#c7      

,nondisplacement of united states       
workers ,the employer did not displace  
and will not displace a ,united ,states 
worker employed by the employer during  
the period of employment of the ,h-#b;,c
 worker and during the #cj-;day period  
immediately preceding such period of    
employment in the occupation at the     
place of employment for which the       
employer seeks approval to employ       
,h-#b;,c workers4  7#d7 ,recruitment    
7,a7 ,in general ,the employer--  7i7   
conducted adequate recruitment in the   
area of intended employment before      
filing the attestation2 and  7ii7 was   
unsuccessful in locating a qualified    
,united ,states worker for the job      
opportunity for which the ,h-#b;,c      
worker is sought4  7,b7 ,other          
requirements ,the recruitment           
requirement under subparagraph 7,a7 is  
satisfied if the employer places a local
 job order with the ,state workforce    
agency serving the local area where the 
work will be performed1 except that     

nothing in this subparagraph shall      
require the employer to file an         
interstate job order under section #fec 
of title #bj1 ,code of ,federal         
,regulations4 ,the ,state workforce     
agency shall post the job order on its  
official agency website for a minimum of
 #cj days and not later than #c days    
after receipt using the employment      
statistics system authorized under      
section #ae of the ,wagner-,peyser ,act 
7#bi ,u4,s4,c4 #dil-#b74 ,the ,secretary
 of ,labor shall include links to the   
official ,web sites of all ,state       
workforce agencies on a single webpage  
of the official ,web site of the        
,department of ,labor4  7,c7 ,end of    
recruitment requirement ,the requirement
 to recruit ,united ,states workers     
shall terminate on the first day that   
work begins for the ,h-#b;,c worker4    
7#e7 ,offers to ,united ,states workers 
,the employer has offered or will offer 
the job for which the ,h-#b;,c worker is
 sought to any eligible ,united ,states 

worker who--  7,a7 applies2  7,b7 is    
qualified for the job2 and  7,c7 will be
 available at the time and place of     
need4  ,this requirement shall not apply
 to a ,united ,states worker who applies
 for the job on or after the first day  
that work begins for the ,h-#b;,c       
worker4  7#f7 ,provision of insurance   
,if the job for which the ,h-#b;,c      
worker is sought is not covered by      
,state workers' compensation law1 the   
employer will provide1 at no cost to the
 worker unless ,state law provides      
otherwise1 insurance covering injury and
 disease arising out of1 and in the     
course of1 the worker's employment1     
which will provide benefits at least    
equal to those provided under the ,state
 workers compensation law for comparable
 employment4  7#g7 ,requirements for    
placement of ,h-#b;,c workers with other
 employers ,a nonimmigrant who is       
admitted into the ,united ,states as an 
,h-#b;,c worker may be transferred to   
another employer that has filed a       

petition under this subsection and is in
 compliance with this section4  7#h7    
,strike or lockout ,there is not a      
strike or lockout in the course of a    
labor dispute which1 under regulations  
promulgated by the ,secretary of        
,agriculture1 precludes the hiring of   
,h-#b;,c workers4  7#i7 ,previous       
violations ,the employer has not1 during
 the previous two-year period1 employed 
,h-#b;,c workers and knowingly violated 
a material term or condition of approval
 with respect to the employment of      
domestic or nonimmigrant workers1 as    
determined by the ,secretary of         
,agriculture after notice and           
opportunity for a hearing4  7c7 ,public 
examination ,not later than #a working  
day after the date on which a petition  
under this section is filed1 the        
employer shall make a copy of each such 
petition available for public           
examination1 at the employer's principal
 place of business or worksite4  7d7    
,list  7#a7 ,in general ,the ,secretary 

of ,agriculture shall maintain a list of
 the petitions filed under subsection   
7b71 which shall--  7,a7 be sorted by   
employer2 and  7,b7 include the number  
of ,h-#b;,c workers sought1 the wage    
rate1 the period of intended employment1
 and the date of need for each alien4   
7#b7 ,availability ,the ,secretary of   
,agriculture shall make the list        
available for public examination4  7e7  
,petitioning for admission  7#a7        
,consideration of petitions ,for        
petitions filed and considered under    
subsection 7b7--  7,a7 the ,secretary of
 ,agriculture may not require such      
petition to be filed more than #bh      
calendar days before the first date the 
employer requires the labor or services 
of the ,h-#b;,c worker2  7,b7 unless the
 ,secretary of ,agriculture determines  
that the petition is incomplete or      
obviously inaccurate1 the ,secretary1   
not later than #aj business days after  
the date on which such petition was     
filed1 shall either approve or reject   

the petition and provide the petitioner 
with notice of such action by means     
ensuring same or next day delivery2 and 
7,c7 if the ,secretary determines that  
the petition is incomplete or obviously 
inaccurate1 the ,secretary shall--  7i7 
within #e business days of receipt of   
the petition1 notify the petitioner of  
the deficiencies to be corrected by     
means ensuring same or next day         
delivery2 and  7ii7 within #aj business 
days of receipt of the corrected        
petition1 approve or deny the petition  
and provide the petitioner with notice  
of such action by means ensuring same or
 next day delivery4  7#b7 ,petition     
agreements ,by filing an ,h-#b;,c       
petition1 a petitioner and each employer
 consents to allow access to the site   
where the labor is being performed to   
the ,department of ,agriculture and the 
,department of ,homeland ,security for  
the purpose of investigations to        
determine compliance with ,h-#b;,c      
requirements and the immigration laws4  

,notwithstanding any other provision of 
law1 the ,departments of ,agriculture   
and ,homeland ,security cannot delegate 
their compliance functions to other     
agencies or ,departments4  7f7 ,roles of
 agricultural associations  7#a7        
,permitting filing by agricultural      
associations ,a petition under          
subsection 7b7 to hire an alien as a    
temporary agricultural worker may be    
filed by an association of agricultural 
employers which use agricultural        
services4  7#b7 ,treatment of           
associations acting as employers ,if an 
association is a joint employer of      
temporary agricultural workers1 such    
workers may be transferred among its    
members to perform agricultural services
 of a temporary nature for which the    
petition was approved4  7#c7 ,treatment 
of violations  7,a7 ,individual member  
,if an individual member of a joint     
employer association violates any       
condition for approval with respect to  
the member's petition1 the ,secretary of

 ,agriculture shall consider as an      
employer for purposes of subsection     
7b77#i7 and invoke penalties pursuant to
 subsection 7i7 against only that member
 of the association unless the          
,secretary of ,agriculture determines   
that the association or other member    
participated in1 had knowledge of1 or   
had reason to know of the violation4    
7,b7 ,association of agricultural       
employers ,if an association            
representing agricultural employers as a
 joint employer violates any condition  
for approval with respect to the        
association's petition1 the ,secretary  
of ,agriculture shall consider as an    
employer for purposes of subsection     
7b77#i7 and invoke penalties pursuant to
 subsection 7i7 against only the        
association and not any individual      
member of the association1 unless the   
,secretary determines that the member   
participated in1 had knowledge of1 or   
had reason to know of the violation4    
7g7 ,expedited administrative appeals   

,the ,secretary of ,agriculture shall   
promulgate regulations to provide for an
 expedited procedure--  7#a7 for the    
review of a denial of a petition under  
this section by the ,secretary2 or  7#b7
 at the petitioner's request1 for a de  
novo administrative hearing at which new
 evidence may be introduced4  7h7       
,miscellaneous provisions  7#a7         
,endorsement of documents ,the          
,secretary of ,homeland ,security shall 
provide for the endorsement of entry and
 exit documents of ,h-#b;,c workers as  
may be necessary to carry out this      
section and to provide notice for       
purposes of section #bgd;,a4  7#b7 ,fees
  7,a7 ,in general ,the ,secretary of   
,agriculture shall require1 as a        
condition of approving the petition1 the
 payment of a fee1 in accordance with   
subparagraph 7,b71 to recover the       
reasonable cost of processing petitions 
filed by employers or associations of   
employers seeking ,h-#b;,c workers for  
jobs of a temporary or seasonal nature1 

but may not require the payment of such 
fees to recover the costs of processing 
petitions filed by employers or         
associations of employers seeking       
,h-#b;,c workers for jobs not of a      
temporary or seasonal nature4  7,b7 ,fee
 by type of employee  7i7 ,single       
employer ,an employer whose petition for
 temporary alien agricultural workers is
 approved shall1 for each approved      
petition1 pay a fee that--  7,i7 subject
 to subclause 7,,ii71 is equal to #ajj  
plus #aj for each approved ,h-#b;,c     
worker2 and  7,,ii7 does not exceed     
#a1jjj4  7ii7 ,association ,each        
employer-member of a joint employer     
association whose petition for ,h-#b;,c 
workers is approved shall1 for each such
 approved petition1 pay a fee that--    
7,i7 subject to subclause 7,,ii71 is    
equal to #ajj plus #aj for each approved
 ,h-#b;,c worker2 and  7,,ii7 does not  
exceed #a1jjj4  7iii7 ,limitation on    
association fees ,a joint employer      
association under clause 7ii7 shall not 

be charged a separate fee4  7,c7 ,method
 of payment ,the fees collected under   
this paragraph shall be paid by check or
 money order to the ,department of      
,agriculture4 ,in the case of employers 
of ,h-#b;,c workers that are members of 
a joint employer association petitioning
 on their behalf1 the aggregate fees for
 all employers of ,h-#b;,c workers under
 the petition may be paid by #a check or
 money order4  7i7 ,enforcement  7#a7   
,investigations and audits ,the         
,secretary of ,agriculture shall be     
responsible for conducting              
investigations and random audits of     
employers to ensure compliance with the 
requirements of the ,h-#b;,c program4   
,all monetary fines levied against      
violating employers shall be paid to the
 ,department of ,agriculture and used to
 enhance the ,department of             
,agriculture's investigatory and        
auditing power4  7#b7 ,failure to meet  
conditions ,if the ,secretary of        
,agriculture finds1 after notice and    

opportunity for a hearing1 a failure to 
meet a condition of subsection 7b71 or a
 material misrepresentation of fact in a
 petition under subsection 7b71 the     
,secretary--  7,a7 may impose such other
 administrative remedies 7including     
civil money penalties in an amount not  
to exceed #a1jjj per violation7 as the  
,secretary determines to be appropriate2
 and  7,b7 may disqualify the employer  
from the employment of ,h-#b;,c workers 
for a period of #a year4  7#c7          
,penalties for willful failure ,if the  
,secretary of ,agriculture finds1 after 
notice and opportunity for a hearing1 a 
willful failure to meet a material      
condition of subsection 7b71 or a       
willful misrepresentation of a material 
fact in a petition under subsection 7b71
 the ,secretary--  7,a7 may impose such 
other administrative remedies 7including
 civil money penalties in an amount not 
to exceed #e1jjj per violation7 as the  
,secretary determines to be appropriate2
  7,b7 may disqualify the employer from 

the employment of ,h-#b;,c workers for a
 period of #b years2  7,c7 may1 for a   
subsequent violation not arising out of 
the prior incident1 disqualify the      
employer from the employment of ,h-#b;,c
 workers for a period of #e years2 and  
7,d7 may1 for a subsequent violation not
 arising out of the prior incident1     
permanently disqualify the employer from
 the employment of ,h-#b;,c workers4    
7#d7 ,penalties for displacement of     
,united ,states workers ,if the         
,secretary of ,agriculture finds1 after 
notice and opportunity for a hearing1 a 
willful failure to meet a material      
condition of subsection 7b7 or a willful
 misrepresentation of a material fact in
 a petition under subsection 7b71 in the
 course of which failure or             
misrepresentation the employer displaced
 a ,united ,states worker employed by   
the employer during the period of       
employment of the ,h-#b;,c worker or    
during the #cj-;day period preceding    
such period of employment1 the          

,secretary--  7,a7 may impose such other
 administrative remedies 7including     
civil money penalties in an amount not  
to exceed #ae1jjj per violation7 as the 
,secretary determines to be appropriate2
  7,b7 may disqualify the employer from 
the employment of ,h-#b;,c workers for a
 period of #e years2 and  7,c7 may1 for 
a second violation1 permanently         
disqualify the employer from the        
employment of ,h-#b;,c workers4  7j7    
,failure ,to pay wages or required      
benefits  7#a7 ,assessment ,if the      
,secretary of ,agriculture finds1 after 
notice and opportunity for a hearing1   
that the employer has failed to provide 
the benefits1 wages1 and working        
conditions attested by the employer     
under subsection 7b71 the ,secretary    
shall assess payment of back wages1 or  
such other required benefits1 due any   
,united ,states worker or ,h-#b;,c      
worker employed by the employer in the  
specific employment in question4  7#b7  
,amount ,the back wages or other        

required benefits described in paragraph
 7#a7--  7,a7 shall be equal to the     
difference between the amount that      
should have been paid and the amount    
that was paid to such worker2 and  7,b7 
shall be distributed to the worker to   
whom such wages or benefits are due4    
7k7 ,minimum wages1 benefits1 and       
working conditions  7#a7 ,preferential  
treatment of aliens prohibited  7,a7 ,in
 general ,each employer seeking to hire 
,united ,states workers shall offer such
 workers not less than the same         
benefits1 wages1 and working conditions 
that the employer is offering1 intends  
to offer1 or will provide to ,h-#b;,c   
workers4 ,no job offer may impose on    
,united ,states workers any restrictions
 or obligations which will not be       
imposed on the employer's ,h-#b;,c      
workers4  7,b7 ,interpretation ,every   
interpretation and determination made   
under this section or under any other   
law1 regulation1 or interpretative      
provision regarding the nature1 scope1  

and timing of the provision of these and
 any other benefits1 wages1 and other   
terms and conditions of employment shall
 be made so that--  7i7 the services of 
workers to their employers and the      
employment opportunities afforded to    
workers by the employers1 including     
those employment opportunities that     
require ,united ,states workers or      
,h-#b;,c workers to travel or relocate  
in order to accept or perform           
employment--  7,i7 mutually benefit such
 workers1 as well as their families1 and
 employers2 and  7,,ii7 principally     
benefit neither employer nor employee2  
and  7ii7 employment opportunities      
within the ,united ,states benefit the  
,united ,states economy4  7#b7 ,required
 wages  7,a7 ,in general ,each employer 
petitioning for workers under subsection
 7b7 shall pay not less than the greater
 of--  7i7 the prevailing wage level for
 the occupational classification in the 
area of employment2 or  7ii7 the        
applicable ,federal1 ,state1 or local   

minimum wage1 whichever is greatest4    
7,b7 ,special rule ,an employer can     
utilize a piece rate or other           
alternative wage payment system as long 
as the employer guarantees each worker a
 wage rate that equals or exceeds the   
amount required under subparagraph 7,a74
  7#c7 ,employment guarantee  7,a7 ,in  
general  7i7 ,requirement ,each employer
 petitioning for workers under          
subsection 7b7 shall guarantee to offer 
the worker employment for the hourly    
equivalent of not less than #ej percent 
of the work hours during the total      
anticipated period of employment1       
beginning with the first work day after 
the arrival of the worker at the place  
of employment and ending on the         
expiration date specified in the job    
offer4  7ii7 ,failure to meet guarantee 
,if the employer affords the ,united    
,states worker or the ,h-#b;,c worker   
less employment than that required under
 this subparagraph1 the employer shall  
pay such worker the amount which the    

worker would have earned if the worker  
had worked for the guaranteed number of 
hours4  7iii7 ,period of employment ,for
 purposes of this subparagraph1 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 holidays4  7,b7 ,calculation of
 hours ,any hours which the worker fails
 to work1 up to a maximum of the number 
of hours specified in the job offer for 
a work day1 when the worker has been    
offered an opportunity to do so1 and all
 hours of work actually performed       
7including voluntary work in excess of  
the number of hours specified in the job
 offer in a work day1 on the worker's   
,sabbath1 or on ,federal holidays7 may  
be counted by the employer in           
calculating whether the period of       
guaranteed employment has been met4     
7,c7 ,limitation ,if the worker         
voluntarily abandons employment before  
the end of the contract period1 or is   

terminated for cause1 the worker is not 
entitled to the #ej percent guarantee   
described in subparagraph 7,a74  7,d7   
,termination of employment  7i7 ,in     
general ,if1 before the expiration of   
the period of employment specified in   
the job offer1 the services of the      
worker are no longer required due to any
 form of natural disaster1 including    
flood1 hurricane1 freeze1 earthquake1   
fire1 drought1 plant or animal disease1 
pest infestation1 regulatory action1 or 
any other reason beyond the control of  
the employer before the employment      
guarantee in subparagraph 7,a7 is       
fulfilled1 the employer may terminate   
the worker's employment4  7ii7          
,requirements ,if a worker's employment 
is terminated under clause 7i71 the     
employer shall--  7,i7 fulfill the      
employment guarantee in subparagraph    
7,a7 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 terminated2  7,,ii7  
make efforts to transfer the ,united    
,states worker to other comparable      
employment acceptable to the worker2 and
  7,,iii7 not later than #bd hours after
 termination1 notify 7or have an        
association acting as an agent for the  
employer notify7 the ,secretary of      
,homeland ,security of such termination4
  7l7 ,period of ,admission  7#a7 ,in   
general ,an ,h-#b;,c worker shall be    
admitted for a period of employment1 not
 to exceed #ah months 7or #cf months as 
provided in subsection 7o77#c77;,a7 for 
a worker employed in a job that is not  
of a temporary or seasonal nature71 and 
except for sheepherders1 that includes--
  7,a7 a period of not more than #g days
 prior to the beginning of the period of
 employment for the purpose of travel to
 the work site2 and  7,b7 a period of   
not more than #ad days following the    
period of employment for the purpose of 
departure or a period of not more than  
#cj days following the period of        

employment for the purpose of seeking a 
subsequent offer of employment by an    
employer pursuant to a petition under   
this section 7or pursuant to at-will    
employment pursuant to section #bah;,b  
during such time as that section is in  
effect74 ,an ,h-#b;,c worker who does   
not depart within these periods will be 
considered to have failed to maintain   
nonimmigrant status as an ,h-#b;,c      
worker and shall be subject to removal  
under section #bcg7;a77#a77;,c77i74     
,such alien shall be considered to be   
inadmissible pursuant to section        
#bab7;a77#i77;,b77i7 for having been    
unlawfully present1 with the alien      
considered to have been unlawfully      
present for #ahj days as of the #aeth   
day following the period of employment  
for the purpose of departure or as of   
the #cast day following the period of   
employment for the purpose of seeking a 
subsequent offer of employment where the
 alien has not found at-will employment 
with a registered agricultural employer 

pursuant to section #bah;,b or          
employment pursuant to this section4    
7#b7 ,employment limitation ,an alien   
may not be employed during the #ad-;day 
period described in paragraph 7#a77;,b7 
except in the employment for which the  
alien is otherwise authorized4  7m7     
,abandonment of employment  7#a7 ,in    
general ,an alien admitted or provided  
status under section                    
#aja7;a77#ae77;,h77ii77c7 who abandons  
the employment which was the basis for  
such admission or status--  7,a7 shall  
have failed to maintain nonimmigrant    
status as an ,h-#b;,c worker2  7,b7     
shall depart the ,united ,states or be  
subject to removal under section        
#bcg7;a77#a77;,c77i72 and  7,c7 shall be
 considered to be inadmissible pursuant 
to section #bab7;a77#i77;,b77i7 for     
having been unlawfully present1 with the
 alien considered to have been          
unlawfully present for #ahj days as of  
the #aeth day following the date of the 
abandonment of employment4  7#b7 ,report

 by employer ,not later than #bd hours  
after an employer learns of the         
abandonment of employment by an ,h-#b;,c
 worker1 the employer or association    
acting as an agent for the employer1    
shall notify the ,secretary of ,homeland
 ,security of such abandonment4  7#c7   
,removal ,the ,secretary of ,homeland   
,security shall promptly remove from the
 ,united ,states any ,h-#b;,c worker who
 violates any term or condition of the  
worker's nonimmigrant status4  7#d7     
,voluntary termination ,notwithstanding 
paragraph 7#a71 an alien may voluntarily
 terminate the alien's employment if the
 alien promptly departs the ,united     
,states upon termination of such        
employment4 ,an alien who voluntarily   
terminates the alien's employment and   
who does not depart within #ad days     
shall be considered to have failed to   
maintain nonimmigrant status as an      
,h-#b;,c worker and shall be subject to 
removal under section                   
#bcg7;a77#a77;,c77i74 ,such alien shall 

be considered to be inadmissible        
pursuant to section #bab7;a77#i77;,b77i7
 for having been unlawfully present1    
with the alien considered to have been  
unlawfully present for #ahj days as of  
the #aeth day following the voluntary   
termination of employment4  7n7         
,replacement of alien ,an employer may  
designate an eligible alien to replace  
an ,h-#b;,c worker who abandons         
employment notwithstanding the numerical
 limitation found in section            
#bad7;g77#a77;,c74  7o7 ,extension of   
stay of ,h-#b;,c workers in the ,united 
,states  7#a7 ,extension of stay ,if an 
employer seeks approval to employ an    
,h-#b;,c worker who is lawfully present 
in the ,united ,states1 the petition    
filed by the employer or an association 
pursuant to subsection 7b7 shall request
 an extension of the alien's stay and1  
if applicable1 a change in the alien's  
employment4  7#b7 ,work authorization   
upon filing petition for extension of   
stay  7,a7 ,in general ,an alien who is 

lawfully 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 employment     
described in a petition under paragraph 
7#a7 until and unless the petition is   
denied4 ,the employer shall provide a   
copy of the employer's petition for     
extension of stay to the alien4 ,the    
alien shall keep the petition with the  
alien's identification and employment   
eligibility document1 as evidence that  
the petition has been filed and that the
 alien is authorized to work in the     
,united ,states4  7,b7 ,employment      
eligibility document ,upon approval of a
 petition for an extension of stay or   
change in the alien's authorized        
employment1 the ,secretary of ,homeland 
,security shall provide a new or updated
 employment eligibility document to the 
alien indicating the new validity date1 
after which the alien is not required to
 retain a copy of the petition4  7,c7   
,file defined ,in this paragraph1 the   

term file means sending the petition by 
certified mail via the ,united ,states  
,postal ,service1 return receipt        
requested1 or delivering by guaranteed  
commercial delivery which will provide  
the employer with a documented          
acknowledgment of the date of receipt of
 the petition for an extension of stay4 
7#c7 ,limitation on an individual's stay
 in status  7,a7 ,maximum period ,the   
maximum continuous period of authorized 
status as an ,h-#b;,c worker 7including 
any extensions7 is #ah months for a     
worker employed in a job that is of a   
temporary or seasonal nature4 ,for an   
,h-#b;,c worker employed in a job that  
is not of a temporary or seasonal       
nature1 the initial maximum continuous  
period of authorized status is #cf      
months and subsequent maximum continuous
 periods of authorized status are #ah   
months4 ,there is no maximum continuous 
period of authorized status for a       
sheepherder4  7,b7 ,requirement to      
remain outside the united states ,in the

 case of an alien outside the ,united   
,states who was employed in a job of a  
temporary or seasonal nature pursuant to
 section #aja7;a77#ae77;,h77ii77c7 whose
 period of authorized status as an      
,h-#b;,c worker 7including any          
extensions7 has expired1 the alien may  
not again be admitted to the ,united    
,states as an ,h-#b;,c worker unless the
 alien has remained outside the ,united 
,states for a continuous period equal to
 at least #a_/f the duration of the     
alien's previous period of authorized   
status as an ,h-#b;,c worker4 ,for an   
alien outside the ,united ,states who   
was employed in a job not of a temporary
 or seasonal nature pursuant to section 
#aja7;a77#ae77;,h77ii77c7 whose period  
of authorized status as an ,h-#b;,c     
worker 7including any extensions7 has   
expired1 the alien may not again be     
admitted to the ,united ,states as an   
,h-#b;,c worker unless the alien has    
remained outside the ,united ,states for
 a continuous period equal to at least  

the lesser of #a_/f the duration of the 
alien's previous period of authorized   
status as an ,h-#b;,c worker or #c      
months4 ,there is no requirement to     
remain outside the ,united ,states for  
sheepherders4  7p7 ,adjustment of status
 ,notwithstanding any other provision of
 law1 an alien who is unlawfully present
 in the ,united ,states on ,april #be1  
#bjac1 is eligible to adjust status to  
that of an ,h-#b;,c worker4  7q7 ,trust 
fund ,to assure worker return  7#a7     
,establishment ,there is established in 
the ,treasury of the ,united ,states a  
trust fund 7in this section referred to 
as the ,trust ,fund7 for the purpose of 
providing a monetary incentive for      
,h-#b;,c workers to return to their     
country of origin upon expiration of    
their visas4  7#b7 ,withholding of      
wages2 payment into the trust fund  7,a7
 ,in general ,notwithstanding the ,fair 
,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #bja et seq471 all employers  
of ,h-#b;,c workers shall withhold from 

the wages of the workers an amount      
equivalent to #aj percent of the wages  
of each worker and pay such withheld    
amount into the ,trust ,fund4  7,b7     
,jobs that are not of a temporary or    
seasonal nature ,employers of ,h-#b;,c  
workers employed in jobs that are not of
 a temporary or seasonal nature shall   
pay into the ,trust ,fund an amount     
equivalent to the ,federal tax on the   
wages paid to ,h-#b;,c workers that the 
employer would be obligated to pay under
 chapters #ba and #bc of the ,internal  
,revenue ,code of #aihf had the ,h-#b;,c
 workers been subject to such chapters4 
,amounts withheld under this paragraph  
shall be maintained in such interest    
bearing account with such a financial   
institution as the ,secretary of        
,agriculture shall specify4  7#c7       
,distribution of funds ,amounts paid    
into the ,trust ,fund on behalf of an   
,h-#b;,c worker1 and held pursuant to   
paragraph 7#b77;,a7 and interest earned 
thereon1 shall be paid by the ,secretary

 of ,state to the worker if--  7,a7 the 
worker applies to the ,secretary of     
,state 7or the designee of such         
,secretary7 for payment within #cj days 
of the expiration of the alien's last   
authorized stay in the ,united ,states  
as an ,h-#b;,c worker at a ,united      
,states embassy or consulate in the     
worker's home country2  7,b7 in such    
application the worker establishes that 
the worker has complied with the terms  
and conditions of the ,h-#b;,c program2 
and  7,c7 in connection with the        
application1 the ,h-#b;,c worker        
confirms their identity4  7#d7          
,administrative expenses ,the amounts   
paid into the ,trust ,fund and held     
pursuant to paragraph 7#b77;,b71 and    
interest earned thereon1 shall be paid  
to the ,secretary of ,state1 the        
,secretary of ,agriculture1 and the     
,secretary of ,homeland ,security in    
amounts equivalent to the expenses      
incurred by such officials in the       
administration of the ,h-#b;,c program  

not reimbursed pursuant to subsection   
7h77#b7 or section #bah;,b7b74  7r7     
,investment of trust fund  7#a7 ,in     
general ,it shall be the duty of the    
,secretary of the ,treasury to invest   
such portion of the ,trust ,fund as is  
not1 in the ,secretary's judgment1      
required to meet current withdrawals4   
,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 ,states4 ,for   
such purpose1 such obligations may be   
acquired--  7,a7 on original issue at   
the price2 or  7,b7 by purchase of      
outstanding obligations at the market   
price4  ,the purposes for which         
obligations of the ,united ,states may  
be issued under chapter #ca of title    
#ca1 ,united ,states ,code1 are hereby  
extended to authorize the issuance at   
par of special obligations exclusively  
to the ,trust ,fund4 ,such special      
obligations shall bear interest at a    

rate equal to the average rate of       
interest1 computed as to the end of the 
calendar month next preceding the date  
of such issue1 borne by all marketable  
interest-bearing obligations of the     
,united ,states then forming a part of  
the public debt1 except that where such 
average rate is not a multiple of #a_/h 
of #a percent1 the rate of interest of  
such special obligations shall be the   
multiple of #a_/h of #a percent next    
lower than such average rate4 ,such     
special obligations shall be issued only
 if the ,secretary of the ,treasury     
determines that the purchase of other   
interest-bearing obligations of the     
,united ,states1 or of obligations      
guaranteed as to both principal and     
interest by the ,united ,states on      
original issue or at the market price1  
is not in the public interest4  7#b7    
,sale of obligation ,any obligation     
acquired by the ,trust ,fund 7except    
special obligations issued exclusively  
to the ,trust ,fund7 may be sold by the 

,secretary of the ,treasury at the      
market price1 and such special          
obligations may be redeemed at par plus 
accrued interest4  7#c7 ,credits to     
trust fund ,the interest on1 and the    
proceeds from the sale or redemption of1
 any obligations held in the ,trust     
,fund shall be credited to and form a   
part of the ,trust ,fund4  7#d7 ,report 
to ,congress ,it shall be the duty of   
the ,secretary of the ,treasury to hold 
the ,trust ,fund1 and 7after            
consultation with the ,secretary of     
,agriculture7 to report to the ,congress
 each year on the financial condition   
and the results of the operations of the
 ,trust ,fund during the preceding      
fiscal year and on its expected         
condition and operations during the next
 fiscal year4 ,such report shall be     
printed as both a ,house and a ,senate  
document of the session of the ,congress
 to which the report is made4  4  7b7   
,at-,will employment ,chapter #b of     
title ,,ii of the ,immigration and      

,nationality ,act 7#h ,u4,s4,c4 #aaha et
 seq47 is amended by inserting after    
section #bah;,a 7as inserted by         
subsection 7a77 the following3  #bah;,b4
 ,at-will employment of temporary       
,h-#b;,c workers  7a7 ,at-,will         
employment  7#a7 ,in general ,an        
,h-#b;,c worker may perform agricultural
 labor or services for any employer that
 is designated as a registered          
agricultural employer pursuant to       
subsection 7b74 ,however1 an ,h-#b;,c   
worker may only perform labor or        
services pursuant to this section if the
 worker is already lawfully present in  
the ,united ,states as an ,h-#b;,c      
worker1 having been admitted or         
otherwise provided nonimmigrant status  
pursuant to section #bah;,a1 and has    
completed the period of employment      
specified in the job offer the worker   
accepted pursuant to section #bah;,a or 
the employer has terminated the worker's
 employment pursuant to section         
#bah;,a7k77#c77;,d77i74 ,an ,h-#b;,c    

worker who abandons the employment which
 was the basis for admission or status  
pursuant to section #bah;,a may not     
perform labor or services pursuant to   
this section until the worker has       
returned to their home country1 been    
readmitted as an ,h-#b;,c worker        
pursuant to section #bah;,a and has     
completed the period of employment      
specified in the job offer the worker   
accepted pursuant to section #bah;,a or 
the employer has terminated the worker's
 employment pursuant to section         
#bah;,a7k77#c77;,d77i74  7#b7 ,period of
 stay ,an ,h-#b;,c worker performing    
such labor or services for a registered 
agricultural employer is subject to the 
period of admission1 limitation of stay 
in status1 and requirement to remain    
outside the ,united ,states contained in
 subsections 7l7 and 7o77#c7 of section 
#bah;,a4  7#c7 ,termination of          
employment ,at the conclusion of at-will
 employment with a registered           
agricultural employer or the conclusion 

of employment pursuant to section       
#bah;,a qualifying an ,h-#b;,c worker to
 perform at-will work pursuant to this  
section1 an ,h-#b;,c worker shall find  
at-will employment with a registered    
agricultural employer or employment     
pursuant to section #bah;,a within #cj  
days or will be considered to have      
failed to maintain nonimmigrant status  
as an ,h-#b;,c worker and shall depart  
from the ,united ,states or be subject  
to removal under section                
#bcg7;a77#a77;,c77i74 ,an ,h-#b;,c      
worker who does not so depart shall be  
considered to be inadmissible pursuant  
to section #bab7;a77#i77;,b77i7 for     
having been unlawfully present1 with the
 alien considered to have been          
unlawfully present for #ahj days as of  
the #cast day after conclusion of       
employment where the alien has not found
 at-will employment with a registered   
agricultural employer or employment     
pursuant to section #bah;,a4 ,however1  
an alien may voluntarily terminate the  

alien's employment if the alien promptly
 departs the ,united ,states upon       
termination of such employment4 ,either 
a registered agricultural employer or an
 ,h-#b;,c worker may voluntarily        
terminate the worker's at-will          
employment at any time4 ,the ,h-#b;,c   
worker then shall find additional       
at-will employment with a registered    
agricultural employer or employment     
pursuant to section #bah;,a within #cj  
days or will be considered to have      
failed to maintain nonimmigrant status  
as an ,h-#b;,c worker and shall depart  
from the ,united ,states or be subject  
to removal under section                
#bcg7;a77#a77;,c77i74 ,an ,h-#b;,c      
worker who does not so depart shall be  
considered to be inadmissible pursuant  
to section #bab7;a77#i77;,b77i7 for     
having been unlawfully present1 with the
 alien considered to have been          
unlawfully present for #ahj days as of  
the #cast day after conclusion of       
employment where the alien has not found

 at-will employment with a registered   
agricultural employer or employment     
pursuant to section #bah;,a4  7b7       
,registered agricultural employers ,the 
,secretary of ,agriculture shall        
establish a process to accept and       
adjudicate applications by employers to 
be designated as registered agricultural
 employers4 ,the ,secretary shall       
require1 as a condition of approving the
 petition1 the payment of a fee to      
recover the reasonable cost of          
processing the application4 ,the        
,secretary shall designate an employer  
as a registered agricultural employer if
 the ,secretary determines that the     
employer--  7#a7 employs individuals who
 perform agricultural labor or services2
  7#b7 has not been subject to debarment
 from receiving future temporary        
agricultural labor certifications       
pursuant to section                     
#aja7;a77#ae77;,h77ii77a7 within the    
last five years2  7#c7 has not been     
subject to disqualification from the    

employment of ,h-#b;,c workers within   
the last five years1  7#d7 agrees to1 if
 employing an ,h-#b;,c worker pursuant  
to this section1 abide by the terms of  
the attestations contained in section   
#bah;,a7b7 and the obligations contained
 in subsections 7k7 7excluding paragraph
 7#c7 of such subsection7 and 7q7 of    
section #bah;,a as if it had submitted a
 petition making those attestations and 
accepting those obligations1 and  7#e7  
agrees to notify the ,secretary of      
,agriculture and the ,secretary of      
,homeland ,security each time it employs
 an ,h-#b;,c worker pursuant to this    
section within #bd hours of the         
commencement of employment and each time
 an ,h-#b;,c worker ceases employment   
within #bd hours of the cessation of    
employment4  7c7 ,length of designation 
,an employer's designation as a         
registered agricultural employer shall  
be valid for #c years1 and the          
designation can be extended upon        
reapplication for additional #c-year    

terms4 ,the ,secretary shall revoke a   
designation before the expiration of its
 three year term if the employer is     
subject to disqualification from the    
employment of ,h-#b;,c workers          
subsequent to being designated as a     
registered agricultural employer4  7d7  
,enforcement ,the ,secretary of         
,agriculture shall be responsible for   
conducting investigations and random    
audits of employers to ensure compliance
 with the requirements of this section4 
,all monetary fines levied against      
violating employers shall be paid to the
 ,department of ,agriculture and used to
 enhance the ,department of             
,agriculture's investigatory and audit  
power4 ,the ,secretary of ,agriculture's
 enforcement powers and an employer's   
liability described in subsections 7i7  
through 7j7 of section #bah;,a are      
applicable to employers employing       
,h-#b;,c workers pursuant to this       
section4  7e7 ,removal of ,h-#b;,c      
worker ,the ,secretary of ,homeland     

,security shall promptly remove from the
 ,united ,states any ,h-#b;,c worker who
 is or had been employed pursuant to    
this section on an at-will basis who is 
who violates any term or condition of   
the worker's nonimmigrant status4  4    
7c7 ,prohibition on family members      
,section #aja7;a77#ae77;,h7 of the      
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a77#ae77;,h77 is       
amended by striking him2 at the end and 
inserting him1 except that no spouse or 
child may be admitted under clause      
7ii77c724  7d7 ,numerical cap ,section  
#bad7;g77#a7 of the ,immigration and    
,nationality ,act 7#h ,u4,s4,c4         
#aahd7;g77#a77 is amended--  7#a7 in    
subparagraph 7,a71 by striking or at the
 end2  7#b7 in subparagraph 7,b71 by    
striking the period at the end and      
inserting 2 or2 and  7#c7 by adding at  
the end the following3  7,c7 under      
section #aja7;a77#ae77;,h77ii77c7 may   
not exceed #ejj1jjj1 except that--  7i7 
the ,secretary of ,agriculture may      

increase or decrease such number based  
on--  7,i7 a shortage or surplus of     
workers performing agricultural labor or
 services2  7,,ii7 growth or contraction
 in the ,united ,states agricultural    
industry that has increased or decreased
 the demand for workers to perform      
agricultural labor or services2  7,,iii7
 the level of unemployment and          
underemployment of ,united ,states      
workers 7as defined in section          
#bah;,a7a77#h77 in agricultural labor or
 services2  7,,iv7 the number of        
nonimmigrant workers employers sought   
during the preceding fiscal year        
pursuant to clause 7a7 or 7c7 of section
 #aja7;a77#ae77;,h77ii72  7,v7 the      
number of ,h-#b;,c workers 7as defined  
in section #bah;,a7a77#e77 who in the   
preceding fiscal year had to depart from
 the ,united ,states or be subject to   
removal under section                   
#bcg7;a77#a77;,c77i7 because they could 
not find additional at-will employment  
within #cj days pursuant to section     

#bah;,b2  7,,vi7 the estimated number of
 ,united ,states workers 7as defined in 
section #bah;,a7a77#h77 who worked in   
agriculture during the preceding fiscal 
year pursuant to clause 7a7 or 7c7 of   
section #aja7;a77#ae77;,h77ii72 and     
7,,vii7 the number of nonimmigrant      
agricultural workers issued a visa or   
otherwise provided nonimmigrant status  
pursuant to clause 7a7 or 7c7 of section
 #aja7;a77#ae77;,h77ii7 during preceding
 fiscal years who remain in the ,united 
,states out of compliance with the terms
 of their status2  7ii7 during any      
fiscal year1 the ,secretary of          
,agriculture may increase such number on
 an emergency basis for severe shortages
 of agricultural labor or services2 and 
7iii7 this numerical limitation shall   
not apply to any alien who performed    
agricultural labor or services for not  
fewer than #ege hours or #ajj days in   
which the alien was employed #e4ge or   
more hours performing agricultural labor
 or services pursuant to section #g of  

the ,,ag ,act during the #b-year period 
beginning on the date of the enactment  
of such ,act and ending on the date that
 is #b years after such date4  4  7e7   
,waiver of ,bars to ,admissibility      
,section #bab7;a77#i77;,b77v7 of the    
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahb7;a77#i77;,b77v77 is     
amended--  7#a7 by striking ,the        
,attorney ,general and inserting the    
following3  7,i7 ,in general ,the       
,secretary of ,homeland ,security  4    
7#b7 by striking ,attorney ,general each
 place it appears and inserting         
,secretary of ,homeland ,security2 and  
7#c7 by adding at the end the following3
  7,,ii7 ,h-#b;,c workers ,the          
,secretary of ,homeland ,security shall 
waive clause 7i7 solely if necessary to 
allow an alien to come temporarily to   
the ,united ,states to perform          
agricultural labor or services as       
provided in section                     
#aja7;a77#ae77;,h77ii77c71 except to the
 extent that the alien's unlawful       

presence followed after the alien's     
having the status of a nonimmigrant     
under such section4  4  7f7 ,prevailing 
,wage ,section #bab7p7 of the           
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahb7p77 is amended--  7#a7  
in paragraph 7#a71 by adding and section
 #bah;,a after of this section2 and     
7#b7 in paragraph 7#c71 by adding and   
section #bah;,a after of this section4  
7g7 ,clerical amendment ,the table of   
contents for the ,immigration and       
,nationality ,act 7#h ,u4,s4,c4 #aaja et
 seq47 is amended by inserting after the
 item relating to section #bah the      
following3  ,sec4 #bah;,a4 ,admission of
 temporary ,h-#b;,c workers4 ,sec4      
#bah;,b4 ,at-will employment of         
temporary ,h-#b;,c workers4  4  #d4     
,mediation ,a nonimmigrant having status
 under section #aja7;a77#ae77;,h77ii77c7
 of the ,immigration and ,nationality   
,act 7#h ,u4,s4,c4                      
#aaja7;a77#ae77;,h77ii77c77 may not     
bring a civil action for damages against

 the nonimmigrant's employer1 nor may   
any other attorney or individual bring a
 civil action for damages on behalf of  
such a nonimmigrant against the         
nonimmigrant's employer1 unless at least
 #ij 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 attempted4  #e4     
,migrant and seasonal agricultural      
worker protection ,section              
#c7h77;,b77ii7 of the ,migrant and      
,seasonal ,agricultural ,worker         
,protection ,act 7#bi ,u4,s4,c4         
#ahjb7h77;,b77ii77 is amended by        
striking under sections                 
#aja7;a77#ae77;,h77ii77a7 and #bad7;c7  
of the ,immigration and ,nationality    
,act4 and inserting under subclauses 7a7
 and 7c7 of section                     
#aja7;a77#ae77;,h77ii71 and section     
#bad7;c71 of the ,immigration and       

,nationality ,act44  #f4 ,binding       
arbitration  7a7 ,applicability ,any    
,h-#b;,c worker may1 as a condition of  
employment with an employer1 be subject 
to mandatory binding arbitration and    
mediation of any grievance relating to  
the employment relationship4 ,an        
employer shall provide any such worker  
with notice of such condition of        
employment at the time the job offer is 
made4  7b7 ,allocation of costs ,any    
cost associated with such arbitration   
and mediation process shall be equally  
divided between the employer and the    
,h-#b;,c worker1 except that each party 
shall be responsible for the cost of its
 own counsel1 if any4  7c7 ,definitions 
,as used in this section3  7#a7 ,the    
term condition of employment means a    
term1 condition1 obligation1 or         
requirement that is part of the job     
offer1 such as the term of employment1  
the job responsibilities1 the employee  
conduct standards1 and the grievance    
resolution process1 and to which an     

applicant or prospective ,h-#b;,c worker
 must consent or accept in order to be  
hired for the position4  7#b7 ,the term 
,h-#b;,c worker means a nonimmigrant    
described in section                    
#aja7;a77#ae77;,h77ii77c7 of the        
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a77#ae77;ii77c774  #g4 
,the performance of agricultural labor  
or services by aliens who are unlawfully
 present ,the ,secretary of ,homeland   
,security shall waive the grounds of    
inadmissibility contained in paragraphs 
7#e71 7#f71 7#g71 and 7#i77;,b7 of      
section #bab7;a71 and the grounds of    
deportability contained in subparagraphs
 7,a7 through 7,d7 of paragraph 7#a71   
and paragraph 7#c71 of section #bcg7;a71
 of the ,immigration and ,nationality   
,act 7#h ,u4,s4,c4 #aaja et seq47 in the
 case of an alien physically present in 
the ,united ,states as of ,april #be1   
#bjac1 solely as may be necessary in    
order to allow the alien to perform     
agricultural labor or services4 ,such   

alien shall not be considered an        
unauthorized alien for purposes of      
section #bgd;,a7h77#c7 of the           
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #acbd;a7h77#c77 or to be      
unlawfully present as long as the alien 
performs such labor or services4  #h4   
,eligibility for ,federal public        
benefits and refundable tax credits  7a7
 ,federal public benefits ,h-#b;,c      
workers 7as defined in section          
#bah;,a7a77#e7 of the ,immigration and  
,nationality ,act1 as inserted by       
section #c7;a7 of this ,act7 and aliens 
performing agricultural labor or        
services pursuant to section #g of this 
,act--  7#a7 are not entitled to the    
premium assistance tax credit authorized
 under section #cf;,b of the ,internal  
,revenue ,code of #aihf2  7#b7 shall be 
subject to the rules applicable to      
individuals who are not lawfully present
 set forth in subsection 7e7 of such    
section2 and  7#c7 shall be subject to  
the rules applicable to individuals who 

are not lawfully present set forth in   
section #adjb7;e7 of the ,patient       
,protection and ,affordable ,care ,act  
7#db ,u4,s4,c4 #ahjga7;e774  7b7        
,refundable tax credits ,h-#b;,c workers
 7as defined in section #bah;,a7a77#e7  
of the ,immigration and ,nationality    
,act1 as inserted by section #c7;a7 of  
this ,act7 and aliens performing        
agricultural labor or services pursuant 
to section #g of this ,act shall not be 
allowed any credit under section #bd or 
#cb of the ,internal ,revenue ,code of  
#aihf4 ,in the case of a joint return1  
no credit shall be allowed under either 
such section if both spouses are such a 
worker or alien4  #i4 ,effective dates2 
sunset2 regulations  7a7 ,effective     
dates  7#a7 ,in general ,the amendments 
made by sections #b and #d through #f1  
and subsections 7a7 and 7c7 through 7f7 
of section #c1 of this ,act shall take  
effect on the date that is #b years     
after the date of the enactment of this 
,act1 and the ,secretary of ,agriculture

 shall accept petitions to import an    
alien under sections                    
#aja7;a77#ae77;,h77ii77c7 and #bah;,a of
 the ,immigration and ,nationality ,act1
 as inserted by this ,act1 beginning on 
such date4  7#b7 ,at-will employment    
,the amendment made by section #c7;b7 of
 this ,act shall take effect on the date
 that it becomes unlawful for any person
 or other entity to hire1 or to recruit 
or refer for a fee1 for employment in   
the ,united ,states an individual 7as   
provided in section #bgd;,a7a77#a7 of   
the ,immigration and ,nationality ,act7 
7#h ,u4,s4,c4 #acbd;a7a77#a77 without   
participating in the ,e-,verify ,program
 described in section #djc7;a7 of the   
,illegal ,immigration ,reform and       
,immigrant ,responsibility ,act of #aiif
 7#h ,u4,s4,c4 #acbd;a note7 or an      
employment eligibility verification     
system patterned on such program's      
verification system1 and only if at that
 time the ,e-,verify ,program 7or       
another program patterned after the     

,e-,verify ,program7 responds to        
inquiries made by such persons or       
entities by providing confirmation1     
tentative nonconfirmation1 and final    
nonconfirmation of an individual's      
identity and employment eligibility in  
such a way that indicates whether the   
individual is eligible to be employed in
 all occupations or only to perform     
agricultural labor or services pursuant 
to section #aja7;a77#ae77;,h77ii77c7 of 
the ,immigration and ,nationality ,act  
7as inserted by this ,act71 and if the  
latter1 whether the nonimmigrant would  
be in compliance with their maximum     
continuous period of authorized status  
and requirement to remain outside the   
,united ,states pursuant to sections    
#bah;,a and #bah;,b of such ,act 7as so 
added7 and on what date the alien would 
cease to be in compliance with their    
maximum continuous period of authorized 
status4  7#c7 ,agricultural labor or    
services by aliens unlawfully present   
,section #g of this ,act shall take     

effect on the date of the enactment of  
this ,act and shall cease to be in      
effect on the date that is #b years     
after such date4  7b7 ,operation and    
sunset of the ,h-#b;,a program  7#a7    
,application of existing regulations    
,the ,department of ,labor ,h-#b;,a     
program regulations published at #gc    
,federal ,register #ggaaj et seq4       
7#bjjh7 shall be in force for all       
petitions approved under sections       
#aja7;a77#ae77;,h77ii77c7 and #bah;,a of
 the ,immigration and ,nationality ,act1
 as inserted by this ,act1 beginning on 
the date of the enactment of this ,act4 
7#b7 ,adjustment of status              
,notwithstanding any other provision of 
law1 an alien who is unlawfully present 
in the ,united ,states on the date of   
the enactment of this ,act is eligible  
to adjust status to that of an alien    
described in section                    
#aja7;a77#ae77;,h77ii77a7 of the        
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a77   

beginning on the date of the enactment  
of this ,act and ending on the date that
 is #b years after the date of the      
enactment of this ,act4  7#c7 ,sunset   
,beginning on the date that is #b years 
after the date of the enactment of this 
,act1 no new petition to import an alien
 under sections                         
#aja7;a77#ae77;,h77ii77a7 and #bah of   
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4                           
#aaja7;a77#ae77;,h77ii77a72 #h ,u4,s4,c4
 #aahh7 shall be accepted4  7c7         
,regulations ,not later than #ah months 
after the date of the enactment of this 
,act1 the ,secretary of ,agriculture    
shall promulgate regulations1 in        
accordance with the notice and comment  
provisions of section #eec of title #e1 
,united ,states ,code1 to implement the 
,secretary's duties under this ,act4