,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bdb  ,,in ,,the ,,house ,,of   
,,representatives  ,january #ad1 #bjac  
,mr4 ,ross introduced the following     
bill2 which was referred to the         
,committee on the ,judiciary1 and in    
addition to the ,committees on          
,education and the ,workforce1 ,energy  
and ,commerce1 and ,foreign ,affairs1   
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     
amend the ,immigration and ,nationality 
,act to provide for a temporary         
agricultural worker program1 and for    
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,legal         
,agricultural ,workforce ,act4  #b4     
,nonimmigrant agricultural program  7a7 
,new ,w nonimmigrant classification for 
nonimmigrant agricultural workers       
,section #aja7;a77#ae7 of the           
,immigration and ,nationality ,act 7#h  

,u4,s4,c4 #aaja7;a77#ae77 is amended--  
7#a7 by striking or at the end of the   
subparagraph 7,u72  7#b7 by striking the
 period at the end of subparagraph 7,v7 
and inserting 2 or2 and  7#c7 by adding 
at the end the following3  7,w7 an alien
 having a residence in a foreign country
 which the alien has no intention of    
abandoning who is coming to the ,united 
,states for a temporary period 7as      
defined in section #bbj7o77 to perform  
services or labor in agricultural       
employment1 as defined in section #c of 
the ,migrant and ,seasonal ,agricultural
 ,worker ,protection ,act 7#bi ,u4,s4,c4
 #ahjb71 who meets the requirements     
specified in section #bbj1 and with     
respect to whom the ,secretary of       
,agriculture has notified the ,secretary
 of ,homeland ,security and the         
,secretary of ,state that the intending 
employer has accepted the terms and     
conditions of such employment through   
successful enrollment in the            
nonimmigrant agricultural worker program

 pursuant to section #bbj7;c74  4  7b7  
,establishment of nonimmigrant          
agricultural worker program  7#a7 ,in   
general ,chapter #b of title ,,ii of    
such ,act is amended by adding at the   
end the following3  #bbj4 ,nonimmigrant 
agricultural worker program  7a7        
,establishment of program  7#a7 ,in     
general ,the ,secretary of ,agriculture1
 in consultation with the ,secretary of 
,homeland ,security1 shall establish a  
nonimmigrant agricultural worker program
 7in this section referred to as the    
program7 for the admission into the     
,united ,states of nonimmigrants        
described in section #aja7;a77#ae77,w7  
7in this section referred to as         
nonimmigrant agricultural workers7 and  
issue all relevant regulations          
implementing the program4  7#b7         
,components of program ,the program     
shall include the following components3 
7,a7 ,a process developed by the        
,secretary of ,agriculture for the      
submission of data and information by   

agricultural employers that will allow  
such ,secretary to determine the number 
of nonimmigrant agricultural workers    
required by month and annually for a    
#aj-month period4  7,b7 ,a process      
developed by the ,secretary of          
,agriculture for the enrollment of      
qualified agricultural employers in the 
program that requires enrolled employers
 to abide by the obligations described  
in subsection 7f74  7,c7 ,a process     
developed by the ,department of         
,homeland ,security1 based upon the     
determination made under subsection 7d7 
by the ,secretary of ,agriculture1 on   
the need for nonimmigrant agricultural  
workers1 for imposition of monthly and  
annual numerical limitations1           
established under such subsection1 on   
the issuance of nonimmigrant visas for  
nonimmigrant agricultural employment4   
,these visas shall be made available    
subject to such limitations on such     
workers in accordance with the          
preference system established under     

subsection 7g74  7,d7 ,a process        
developed by the ,secretary of ,homeland
 ,security1 in consultation with the    
,secretary of ,agriculture1 by which    
such ,secretaries can determine that    
persons employing nonimmigrant          
agricultural workers are enrolled in the
 program and that the nonimmigrant      
agricultural workers so employed possess
 a valid visa pursuant to section       
#aja7;a77#ae77,w74  7,e7 ,a nonimmigrant
 visa issued pursuant to subsection 7g7 
shall not limit the geographical area   
within which an alien may be employed or
 limit the type of agricultural         
employment the alien may perform1 except
 that the employment shall only be with 
a qualified agricultural employer       
enrolled in the program4  7b7           
,pre-,enrollment requirements  7#a7     
,recruitment of ,united ,states workers 
,not later than #cj days before filing a
 request to enroll in the nonimmigrant  
agricultural worker program pursuant to 
subsection 7c71 each person filing such 

a request shall list with the           
,department of ,labor's ,employment and 
,training ,administration's ,electronic 
,job ,registry a description of the     
anticipated period for which workers    
will be needed 7expected beginning and  
ending dates71 as well as a description 
of the wages and other terms and        
conditions of agricultural employment   
that satisfy the disclosure requirements
 of sections #bja and #cja of the       
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act 7#bi ,u4,s4,c4 
#ahba2 #ahca71 except that nothing in   
this paragraph shall cause such listing 
to be treated as an interstate job order
 under section #fec of title #bj1 ,code 
of ,federal ,regulations4  7#b7 ,record 
of ,united ,states workers ,a person or 
entity shall keep a record of all       
eligible able1 willing1 and qualified   
,united ,states workers applying for    
employment with the person in response  
to its filing on the ,electronic ,job   
,registry and provide such record in its

 request to enroll filed under          
subsection 7c74  7c7 ,enrollment in the 
nonimmigrant agricultural worker program
  7#a7 ,in general ,a person who employs
 individuals to perform agricultural    
employment 7including an association of 
such persons and a person who contracts 
for the performance of agricultural     
employment7 with respect to agricultural
 commodities may submit to the          
,secretary of ,agriculture1 at such time
 and in such manner as the ,secretary   
specifies1 a request for enrollment in  
the nonimmigrant agricultural worker    
program4  7#b7 ,information required    
,the request must specify for each month
 concerned--  7,a7 the total number and 
qualifications of nonimmigrant          
agricultural workers required in        
agricultural employment in each month2  
7,b7 the type of agricultural work      
required to be performed by these       
workers2  7,c7 the anticipated period   
7expected beginning and ending dates7   
for which workers will be needed2  7,d7 

a copy of the information submitted to  
the ,electronic ,job ,registry pursuant 
to subsection 7b77#a72 and  7,e7 the    
record of ,united ,states workers       
described in subsection 7b77#b7 at the  
time of the request4  7#c7 ,optional    
information on aliens preferred ,the    
person may also include a statement     
indicating a preference as to country of
 nationality of aliens 7or names of     
particular aliens7 desired to perform   
agricultural services in any such month4
  7d7 ,determination of numerical       
limitations on nonimmigrant agricultural
 visas by month and annually ,based upon
 requests for enrollment described in   
subsection 7c71 and taking into         
consideration the historical employment 
needs of agricultural employers and the 
reports of ,united ,states workers      
applying for agricultural employment    
listed on requests for enrollment1 the  
,secretary of ,agriculture shall advise 
the ,secretary of ,homeland ,security of
 a numerical limitation on the issuance 

of nonimmigrant visas to nonimmigrant   
agricultural workers sufficient to meet 
the labor needs of agricultural         
employers by month and annually4  7e7   
,standards for approval of requests for 
enrollment  7#a7 ,in general ,the       
,secretary of ,agriculture shall approve
 a request for enrollment submitted     
under subsection 7c77#a7 if--  7,a7 the 
person is an agricultural employer and  
the worker is to be employed in         
agricultural work2  7,b7 the request    
complies with the provisions of         
subsection 7c7 and the request sets     
forth the need for such workers2  7,c7  
the person has not employed or          
petitioned for a nonimmigrant described 
in section #aja7;a77#ae77;,h77ii77a7 at 
the time when a request on behalf of the
 person is pending or granted under this
 subsection1 or during any previous     
period during which the employer had a  
request granted under this section2 and 
7,d7 the person is not disqualified     
under subsection 7f77#f74  7#b7 ,review 

of certain denials ,except as provided  
under subsection 7f71 a person who is   
determined not to be eligible under     
paragraph 7#a7 7other than because of   
subparagraph 7,d7 thereof7 is entitled  
to an expedited review of the           
determination by the ,secretary of      
,agriculture4  7f7 ,obligations under   
program ,any person whose request to    
enroll in the nonimmigrant agricultural 
worker program has been granted shall   
ensure as follows3  7#a7 ,no            
displacement of the ,united ,states     
workers ,the employer did not displace  
and will not displace a ,united ,states 
worker employed by the employer1 other  
than for good cause1 during the period  
of employment and for a period of #cj   
days preceding the period of employment 
in the occupation at the place of       
employment for which the employer seeks 
to employ nonimmigrant agricultural     
workers4  7#b7 ,offers to ,united       
,states workers ,the employer shall     
offer the job to any eligible ,united   

,states worker who applies and is       
equally or better qualified for the job 
for which the nonimmigrant is sought1   
and will be available at the time and   
place of need4 ,the employer shall post 
all such job openings on the ,electronic
 ,job ,registry administered by the     
,employment and ,training               
,administration of the ,department of   
,labor4  7#c7 ,workers' compensation ,if
 the job opportunity is not covered by  
the ,state workers' compensation law1   
the employer will provide1 at no cost to
 ,united ,states and nonimmigrant       
agricultural workers1 insurance covering
 injury and disease arising out of1 and 
in the course of1 the worker's          
employment which will provide benefits  
at least equal to those provided under  
the ,state's workers' compensation law  
for comparable employment4  7#d7 ,labor 
dispute ,the person shall not employ a  
nonimmigrant agricultural worker for a  
specific job opportunity for which the  
employer is requesting a nonimmigrant   

agricultural worker because the former  
occupant of the job is on strike or     
being locked out in the course of a     
labor dispute4  7#e7 ,not used for      
nonagricultural services ,the person    
shall not employ a nonimmigrant         
agricultural worker for services other  
than agricultural services4  7#f7       
,violation of program requirements ,if  
the ,secretary of ,agriculture          
determines1 after an opportunity for a  
hearing1 that an enrolled employer has  
violated this subsection the ,secretary 
may impose penalties1 including fines   
and1 in cases of serious violations1 the
 disqualification of the employer from  
future enrollment in the program for a  
period of up to three years4  7g7       
,allocation of visas  7#a7 ,preference  
system ,nonimmigrant agricultural       
workers who are subject to the numerical
 limitations specified in subsection 7d7
 shall be allotted nonimmigrant visas   
and work authority as follows3  7,a7    
,identified workers ,visas shall first  

be made available to qualified          
nonimmigrant agricultural workers       
specifically identified pursuant to     
subsection 7c77#c74  7,b7 ,previously   
employed workers ,visas shall next be   
made available to qualified nonimmigrant
 agricultural workers who have          
previously been employed in agricultural
 employment in the ,united ,states1     
providing priority in consideration     
among such workers in the order of the  
length of time in which they were       
employed4  7,c7 ,order in which applied 
,the remaining visas shall be made      
available to other qualified            
nonimmigrant agricultural workers       
strictly in the chronological order in  
which they apply4 ,waiting lists of     
applicants shall be maintained in       
accordance with regulations prescribed  
by the ,secretary of ,state4  7#b7      
,treatment of spouses and children ,a   
spouse or child of such a worker is not 
entitled to visa or such status by      
virtue of such relationship1 but may be 

provided the same status as such a      
worker if the spouse or child also is a 
qualified nonimmigrant agricultural     
worker to perform agricultural          
employment4  7#c7 ,criminal background  
check ,in addition to any other         
examination required under this ,act1 no
 visa or other documentation may be     
issued to an alien under section        
#aja7;a77#ae77,w7 until the alien has   
obtained successful clearance of the    
security and criminal background checks 
specified by the ,secretary of ,homeland
 ,security for purposes of this section4
  7h7 ,application for an increase where
 extraordinary and unusual circumstances
  7#a7 ,in general ,if an agricultural  
employer 7or association or             
representative thereof7 establishes that
 extraordinary and unusual circumstances
 have resulted in a significant change  
in the employer's need for nonimmigrant 
agricultural workers specified in the   
application1 or in the availability of  
domestic workers who are able1 willing1 

and qualified to perform agricultural   
employment1 the employer may apply to   
the ,secretary of ,agriculture 7in such 
form and manner as the ,secretary shall 
provide7 for an increase in the         
numerical limitations otherwise         
established under subsection 7d7 to     
accommodate such emergency need4 ,if    
approved1 the ,secretary shall forward  
the application to the ,secretary of    
,homeland ,security with a              
recommendation on the additional number 
of nonimmigrant agricultural worker     
visas found necessary4  7#b7 ,timely    
determination on application ,the       
,secretary of ,agriculture shall make a 
determination on an application under   
subparagraph 7,a7 and forward its       
recommendations to the ,secretary of    
,homeland ,security within #gb hours of 
the date the application is completed4  
7#c7 ,increase in limitation ,to the    
extent the application is approved1 the 
,secretary of ,homeland ,security shall 
provide for an appropriate increase in  

the appropriate numerical limitation    
within #gb hours4  7i7 ,entry of workers
  7#a7 ,in general ,an alien may not be 
admitted to the ,united ,states as a    
nonimmigrant agricultural worker during 
the three-year period beginning on the  
most recent date 7if any7 on which the  
alien violated a material term or       
condition of a previous admission as a  
nonimmigrant agricultural worker4  7#b7 
,disqualification for commission of     
crime ,an alien who commits a crime     
while in the ,united ,states as a       
nonimmigrant agricultural worker shall  
be ineligible to retain such status and 
shall be required to depart from the    
,united ,states4  7#c7 ,continuous      
employment ,nonimmigrant agricultural   
workers admitted under this program     
shall be continuously employed or       
actively seeking employment in          
agricultural employment throughout the  
term of their admission4  7#d7          
,direction of nonimmigrant agricultural 
workers to employment opportunities ,the

 ,secretary of ,state and ,secretary of 
,agriculture1 in consultation with the  
,secretary of ,labor1 shall establish a 
system for providing information on     
available agricultural employment       
opportunities to individuals whose      
applications for nonimmigrant           
agricultural visas have been approved if
 those individuals are not named by an  
employer or do not have a letter of     
employment opportunity provided by a    
person enrolled in the program4  7j7    
,applicability of employment laws ,all  
,federal1 ,state1 and local employment  
related laws applicable to ,united      
,states agricultural workers shall apply
 to nonimmigrant agricultural workers   
admitted pursuant to this program4  7k7 
,biometric identification card ,the     
,secretary of ,homeland ,security shall 
provide each nonimmigrant agricultural  
worker with an identification card that 
contains--  7#a7 an encrypted1          
machine-readable1 electronic            
identification strip that is unique to  

the alien to whom the card is issued2   
7#b7 biometric identifiers1 including   
fingerprints and a digital photograph2  
and  7#c7 physical security features    
designed to prevent tampering1          
counterfeiting1 or duplication of the   
card for fraudulent purposes4  7l7      
,trust fund  7#a7 ,establishment ,the   
,secretary of ,agriculture shall        
establish by regulation a trust fund the
 purpose of which is to provide1 without
 further appropriation1 funds for the   
administration and the enforcement of   
the program under this section1 for the 
cost of the cards issued under          
subsection 7k71 for a monetary incentive
 for nonimmigrant agricultural workers  
to return to their country of origin    
upon expiration of their visas under the
 program1 and for payment with respect  
to emergency medical services furnished 
to nonimmigrant agricultural workers4   
,the ,secretary of ,agriculture in      
consultation with the ,secretary of the 
,treasury shall promulgate such other   

regulations as may be necessary to carry
 out this subsection4  7#b7 ,payment of 
,,fica and ,,futa amounts into trust    
fund ,in the case of employment of a    
nonimmigrant agricultural worker--  7,a7
 the employer shall provide for payment 
into the trust fund established under   
paragraph 7#a7 of the sum of--  7i7 an  
amount equivalent to the amount of      
excise taxes which the employer would   
pay under the chapter #ba of the        
,internal ,revenue ,code of #aihf with  
respect to such employment if it were   
considered employment for the purpose of
 such ,act2 and  7ii7 an amount         
equivalent to 7and in lieu of7 the      
amount of excise taxes which the        
employer would otherwise pay under      
chapter #bc of such ,code with respect  
to such employment2 and  7,b7 there     
shall be deducted from the wages of the 
worker and paid into such trust fund an 
amount equivalent to the amount of      
excise taxes that the employee would pay
 under such chapter #ba with respect to 

such employment if it were considered   
employment for the purposes of such     
,act4  7#c7 ,expenditures from trust    
fund  7,a7 ,use of employer             
contributions for administration        
,amounts described in paragraph         
7#b77;,a7 paid into the trust fund shall
 be used for the purpose of             
administering and enforcing the program 
under this section and for the cost of  
the cards issued under subsection 7k74  
7,b7 ,use of employee contributions for 
repayment of employee contributions upon
 return to country of origin ,except as 
provided in subparagraph 7,c71 amounts  
described in paragraph 7#b77;,b7 paid   
into the trust fund with respect to a   
nonimmigrant agricultural worker shall1 
upon application by the worker at the   
,united ,states consulate nearest the   
worker's residence in the country of    
origin1 be paid to the worker if the    
worker demonstrates the compliance of   
the worker with the terms and conditions
 of the program4  7,c7 ,use of employee 

contributions attributable to ,,hi taxes
 for emergency medical services for     
nonimmigrant agricultural workers  7i7  
,in general ,amounts described in       
paragraph 7#b77;,b7 paid into the trust 
fund which relate to excise tax in      
section #caja7;b7 of the ,internal      
,revenue ,code of #aihf shall be used to
 provide payment with respect to        
emergency medical services 7as defined  
in clause 7iii77 for nonimmigrant       
agricultural workers4  7ii7             
,administration ,the ,secretary of      
,agriculture shall establish rules1 in  
consultation with the ,secretary of     
,health and ,human ,services1 with      
respect to the payments under this      
subparagraph1 including methods for     
determining qualifications for payment  
and the amount of payment to be made    
with respect to emergency medical       
services4  7iii7 ,emergency medical     
services defined ,in this subparagraph1 
the term emergency medical services     
means those items and services required 

to be provided under section #ahfg of   
the ,social ,security ,act 7#db         
,u4,s4,c4 #acie;dd7 with respect to an  
individual who is a nonimmigrant        
agricultural worker and does not include
 items and services for which coverage  
under workers' compensation is required 
under subsection 7f77#c7 with respect to
 the worker4  7m7 ,semiannual reports to
 ,congress ,the ,secretary of           
,agriculture shall report to ,congress  
semiannually regarding the program under
 this section4 ,each such report shall  
include a statement of the number of    
nonimmigrant visas issued under the     
program1 an evaluation of the           
effectiveness of the program1 a         
description of any problems related to  
the enforcement of the program1 and any 
recommendations for legislation relating
 to the program4  7n7 ,miscellaneous    
provisions  7#a7 ,disqualification of   
nonimmigrant agricultural workers from  
financial assistance ,an alien admitted 
as a nonimmigrant agricultural worker is

 not eligible for any program of        
financial assistance under ,federal law 
7whether through grant1 loan1 guarantee1
 or otherwise7 on the basis of financial
 need1 as such programs are identified  
by the ,secretary of ,agriculture in    
consultation with other appropriate     
heads of the various departments and    
agencies of ,government4  7#b7          
,expansion of consulates ,the ,secretary
 of ,state is authorized to take such   
steps as may be necessary in order to   
expand and establish consulates in      
foreign countries in which aliens are   
likely to apply to become nonimmigrant  
agricultural workers under the program  
to the extent such expansion is fully   
covered by the funds obtained in        
subsection 7l77#c77;,a74  7#c7          
,preemption ,the provisions of this     
section preempt any ,state or local law 
on the same subject4  7o7 ,definitions  
,for purposes of this section and       
section #aja7;a77#ae77,w73  7#a7        
,agricultural employment ,the term      

agricultural employment has the meaning 
given such term in section #c of the    
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act 7#bi ,u4,s4,c4 
#ahjb71 without regard to whether the   
specific service or activity is         
temporary or seasonal4  7#b7 ,temporary 
period ,the term temporary period means 
that period during which a nonimmigrant 
agricultural worker may remain in the   
,united ,states to perform agricultural 
employment1 not to exceed #aj months in 
any #ab month period4  4  7#b7 ,clerical
 amendment ,the table of contents of    
such ,act is amended by inserting after 
the item relation to section #bai the   
following new item3  ,sec4 #bbj4        
,nonimmigrant agricultural worker       
program4  4