Text: H.R.1773 — 113th Congress (2013-2014)

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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 1773 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1773

   To create a nonimmigrant H-2C work visa program for agricultural 
                    workers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2013

    Mr. Goodlatte (for himself, Mr. Smith of Texas, Mr. Gowdy, Mr. 
   Farenthold, Mr. Westmoreland, Mr. Poe of Texas, Mr. Holding, Mr. 
   Peterson, and Mr. Hurt) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
  Committees on Education and the Workforce and Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To create a nonimmigrant H-2C work visa program for agricultural 
                    workers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as--
            (1) the ``Agricultural Guestworker Act''; or
            (2) the ``AG Act''.

SEC. 2. H-2C TEMPORARY AGRICULTURAL WORK VISA PROGRAM.

    (a) In General.--Section 101(a)(15)(H) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by striking ``; or 
(iii)'' and inserting ``, or (c) 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 
services; or (iii)''.
    (b) Definition.--Section 101(a) of such Act (8 U.S.C. 1101(a)) is 
amended by adding at the end the following:
    ``(53) 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 3121(g) of the 
Internal Revenue Code of 1986, agriculture as defined in section 3(f) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), the 
handling, planting, drying, packing, packaging, processing, freezing, 
or grading prior to delivery for storage of any agricultural or 
horticultural commodity in its unmanufactured state, all activities 
required for the preparation, processing or manufacturing of a product 
of agriculture (as such term is defined in such section 3(f)) for 
further distribution, and activities similar to all the foregoing as 
they relate to fish or shellfish in aquaculture facilities.''.

SEC. 3. ADMISSION OF TEMPORARY H-2C WORKERS.

    (a) Procedure for Admission.--Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
inserting after section 218 the following:

``SEC. 218A. ADMISSION OF TEMPORARY H-2C WORKERS.

    ``(a) Definitions.--In this section and section 218B:
            ``(1) 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-2C worker is or 
        will be performed. If such work site or location is within a 
        Metropolitan Statistical Area, any place within such area shall 
        be considered to be within the area of employment.
            ``(2) Displace.--The term `displace' means to lay off a 
        worker from a job that is essentially equivalent to the job for 
        which an H-2C worker is sought. A job shall not be considered 
        to be `essentially equivalent' to another job unless the job--
                    ``(A) involves essentially the same 
                responsibilities as such other job;
                    ``(B) was held by a United States worker with 
                substantially equivalent qualifications and experience; 
                and
                    ``(C) is located in the same area of employment as 
                the other job.
            ``(3) Eligible individual.--The term `eligible individual' 
        means an individual who is not an unauthorized alien (as 
        defined in section 274A(h)(3)) with respect to the employment 
        of the individual.
            ``(4) Employer.--The term `employer' means an employer who 
        hires workers to perform agricultural employment.
            ``(5) H-2C worker.--The term `H-2C worker' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(c).
            ``(6) Lay off.--
                    ``(A) In general.--The term `lay off'--
                            ``(i) means to cause a worker's loss of 
                        employment, other than through a discharge for 
                        inadequate performance, violation of workplace 
                        rules, cause, voluntary departure, voluntary 
                        retirement, or the expiration of a grant or 
                        contract (other than a temporary employment 
                        contract entered into in order to evade a 
                        condition described in paragraph (3) of 
                        subsection (b)); and
                            ``(ii) does not include any situation in 
                        which the worker is offered, as an alternative 
                        to such loss of employment, a similar 
                        employment opportunity with the same employer 
                        (or, in the case of a placement of a worker 
                        with another employer under subsection (b)(7), 
                        with either employer described in such 
                        subsection) at equivalent or higher 
                        compensation and benefits than the position 
                        from which the employee was discharged, 
                        regardless of whether or not the employee 
                        accepts the offer.
                    ``(B) Construction.--Nothing in this paragraph is 
                intended to limit an employee's rights under a 
                collective bargaining agreement or other employment 
                contract.
            ``(7) 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 212(p).
            ``(8) United states worker.--The term `United States 
        worker' means any worker who is--
                    ``(A) a citizen or national of the United States; 
                or
                    ``(B) an alien who is lawfully admitted for 
                permanent residence, is admitted as a refugee under 
                section 207, is granted asylum under section 208, or is 
                an immigrant otherwise authorized, by this Act or by 
                the Secretary of Homeland Security, to be employed.
    ``(b) Petition.--An employer, or an association acting as an agent 
or joint employer for its members, that seeks the admission into the 
United States of an H-2C worker shall file with the Secretary of 
Agriculture a petition attesting to the following:
            ``(1) Temporary work or services.--
                    ``(A) 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 rate.
                    ``(B) Definition.--For purposes of this paragraph, 
                a worker is employed on a temporary basis if the 
                employer intends to employ the worker for no longer 
                than 18 months (except for sheepherders) during any 
                contract period.
            ``(2) Benefits, wages, and working conditions.--The 
        employer will provide, at a minimum, the benefits, wages, and 
        working conditions required by subsection (k) to all workers 
        employed in the jobs for which the H-2C worker is sought and to 
        all other temporary workers in the same occupation at the place 
        of employment.
            ``(3) 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-2C worker and during the 30-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-2C workers.
            ``(4) Recruitment.--
                    ``(A) In general.--The employer--
                            ``(i) conducted adequate recruitment in the 
                        area of intended employment before filing the 
                        attestation; and
                            ``(ii) was unsuccessful in locating a 
                        qualified United States worker for the job 
                        opportunity for which the H-2C worker is 
                        sought.
                    ``(B) Other requirements.--The recruitment 
                requirement under subparagraph (A) is satisfied if the 
                employer places a local job order with the State 
                workforce agency serving the local area where the work 
                will be performed, except that nothing in this 
                subparagraph shall require the employer to file an 
                interstate job order under section 653 of title 20, 
                Code of Federal Regulations. The State workforce agency 
                shall post the job order on its official agency website 
                for a minimum of 30 days and not later than 3 days 
                after receipt using the employment statistics system 
                authorized under section 15 of the Wagner-Peyser Act 
                (29 U.S.C. 49l-2). 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 Labor.
                    ``(C) End of recruitment requirement.--The 
                requirement to recruit United States workers shall 
                terminate on the first day that work begins for the H-
                2C worker.
            ``(5) Offers to united states workers.--The employer has 
        offered or will offer the job for which the H-2C worker is 
        sought to any eligible United States worker who--
                    ``(A) applies;
                    ``(B) is qualified for the job; and
                    ``(C) will be available at the time and place of 
                need.
        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-2C worker.
            ``(6) Provision of insurance.--If the job for which the H-
        2C worker is sought is not covered by State workers' 
        compensation law, the employer will provide, at no cost to the 
        worker unless State law provides otherwise, insurance covering 
        injury and disease arising out of, and in the course of, the 
        worker's employment, which will provide benefits at least equal 
        to those provided under the State workers compensation law for 
        comparable employment.
            ``(7) Requirements for placement of h-2c workers with other 
        employers.--A nonimmigrant who is admitted into the United 
        States as an H-2C worker may be transferred to another employer 
        that has filed a petition under this subsection and is in 
        compliance with this section.
            ``(8) Strike or lockout.--There is not a strike or lockout 
        in the course of a labor dispute which, under regulations 
        promulgated by the Secretary of Agriculture, precludes the 
        hiring of H-2C workers.
            ``(9) Previous violations.--The employer has not, during 
        the previous two-year period, employed H-2C workers and 
        knowingly violated a material term or condition of approval 
        with respect to the employment of domestic or nonimmigrant 
        workers, as determined by the Secretary of Agriculture after 
        notice and opportunity for a hearing.
    ``(c) Public Examination.--Not later than 1 working day after the 
date on which a petition under this section is filed, the employer 
shall make a copy of each such petition available for public 
examination, at the employer's principal place of business or worksite.
    ``(d) List.--
            ``(1) In general.--The Secretary of Agriculture shall 
        maintain a list of the petitions filed under subsection (b), 
        which shall--
                    ``(A) be sorted by employer; and
                    ``(B) include the number of H-2C workers sought, 
                the wage rate, the period of intended employment, and 
                the date of need for each alien.
            ``(2) Availability.--The Secretary of Agriculture shall 
        make the list available for public examination.
    ``(e) Petitioning for Admission.--
            ``(1) Consideration of petitions.--For petitions filed and 
        considered under subsection (b)--
                    ``(A) the Secretary of Agriculture may not require 
                such petition to be filed more than 28 calendar days 
                before the first date the employer requires the labor 
                or services of the H-2C worker;
                    ``(B) unless the Secretary of Agriculture 
                determines that the petition is incomplete or obviously 
                inaccurate, the Secretary, not later than 10 business 
                days after the date on which such petition was filed, 
                shall either approve or reject the petition and provide 
                the petitioner with notice of such action by means 
                ensuring same or next day delivery; and
                    ``(C) if the Secretary determines that the petition 
                is incomplete or obviously inaccurate, the Secretary 
                shall--
                            ``(i) within 5 business days of receipt of 
                        the petition, notify the petitioner of the 
                        deficiencies to be corrected by means ensuring 
                        same or next day delivery; and
                            ``(ii) within 10 business days of receipt 
                        of the corrected petition, approve or deny the 
                        petition and provide the petitioner with notice 
                        of such action by means ensuring same or next 
                        day delivery.
            ``(2) Petition agreements.--By filing an H-2C petition, 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-2C 
        requirements and the immigration laws. Notwithstanding any 
        other provision of law, the Departments of Agriculture and 
        Homeland Security cannot delegate their compliance functions to 
        other agencies or Departments.
    ``(f) Roles of Agricultural Associations.--
            ``(1) Permitting filing by agricultural associations.--A 
        petition under subsection (b) to hire an alien as a temporary 
        agricultural worker may be filed by an association of 
        agricultural employers which use agricultural services.
            ``(2) Treatment of associations acting as employers.--If an 
        association is a joint employer of temporary agricultural 
        workers, such workers may be transferred among its members to 
        perform agricultural services of a temporary nature for which 
        the petition was approved.
            ``(3) Treatment of violations.--
                    ``(A) Individual member.--If an individual member 
                of a joint employer association violates any condition 
                for approval with respect to the member's petition, the 
                Secretary of Agriculture shall consider as an employer 
                for purposes of subsection (b)(9) and invoke penalties 
                pursuant to subsection (i) against only that member of 
                the association unless the Secretary of Agriculture 
                determines that the association or other member 
                participated in, had knowledge of, or had reason to 
                know of the violation.
                    ``(B) 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 petition, the Secretary of 
                Agriculture shall consider as an employer for purposes 
                of subsection (b)(9) and invoke penalties pursuant to 
                subsection (i) against only the association and not any 
                individual member of the association, unless the 
                Secretary determines that the member participated in, 
                had knowledge of, or had reason to know of the 
                violation.
    ``(g) Expedited Administrative Appeals.--The Secretary of 
Agriculture shall promulgate regulations to provide for an expedited 
procedure--
            ``(1) for the review of a denial of a petition under this 
        section by the Secretary; or
            ``(2) at the petitioner's request, for a de novo 
        administrative hearing at which new evidence may be introduced.
    ``(h) Miscellaneous Provisions.--
            ``(1) Endorsement of documents.--The Secretary of Homeland 
        Security shall provide for the endorsement of entry and exit 
        documents of H-2C workers as may be necessary to carry out this 
        section and to provide notice for purposes of section 274A.
            ``(2) Fees.--
                    ``(A) In general.--The Secretary of Agriculture 
                shall require, as a condition of approving the 
                petition, the payment of a fee, in accordance with 
                subparagraph (B), to recover the reasonable cost of 
                processing petitions filed by employers or associations 
                of employers seeking H-2C workers for jobs of a 
                temporary or seasonal nature, 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-2C workers for jobs not of a 
                temporary or seasonal nature.
                    ``(B) Fee by type of employee.--
                            ``(i) Single employer.--An employer whose 
                        petition for temporary alien agricultural 
                        workers is approved shall, for each approved 
                        petition, pay a fee that--
                                    ``(I) subject to subclause (II), is 
                                equal to $100 plus $10 for each 
                                approved H-2C worker; and
                                    ``(II) does not exceed $1,000.
                            ``(ii) Association.--Each employer-member 
                        of a joint employer association whose petition 
                        for H-2C workers is approved shall, for each 
                        such approved petition, pay a fee that--
                                    ``(I) subject to subclause (II), is 
                                equal to $100 plus $10 for each 
                                approved H-2C worker; and
                                    ``(II) does not exceed $1,000.
                            ``(iii) Limitation on association fees.--A 
                        joint employer association under clause (ii) 
                        shall not be charged a separate fee.
                    ``(C) Method of payment.--The fees collected under 
                this paragraph shall be paid by check or money order to 
                the Department of Agriculture. In the case of employers 
                of H-2C workers that are members of a joint employer 
                association petitioning on their behalf, the aggregate 
                fees for all employers of H-2C workers under the 
                petition may be paid by 1 check or money order.
    ``(i) Enforcement.--
            ``(1) 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-2C program. 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 power.
            ``(2) Failure to meet conditions.--If the Secretary of 
        Agriculture finds, after notice and opportunity for a hearing, 
        a failure to meet a condition of subsection (b), or a material 
        misrepresentation of fact in a petition under subsection (b), 
        the Secretary--
                    ``(A) may impose such other administrative remedies 
                (including civil money penalties in an amount not to 
                exceed $1,000 per violation) as the Secretary 
                determines to be appropriate; and
                    ``(B) may disqualify the employer from the 
                employment of H-2C workers for a period of 1 year.
            ``(3) Penalties for willful failure.--If the Secretary of 
        Agriculture finds, after notice and opportunity for a hearing, 
        a willful failure to meet a material condition of subsection 
        (b), or a willful misrepresentation of a material fact in a 
        petition under subsection (b), the Secretary--
                    ``(A) may impose such other administrative remedies 
                (including civil money penalties in an amount not to 
                exceed $5,000 per violation) as the Secretary 
                determines to be appropriate;
                    ``(B) may disqualify the employer from the 
                employment of H-2C workers for a period of 2 years;
                    ``(C) may, for a subsequent violation not arising 
                out of the prior incident, disqualify the employer from 
                the employment of H-2C workers for a period of 5 years; 
                and
                    ``(D) may, for a subsequent violation not arising 
                out of the prior incident, permanently disqualify the 
                employer from the employment of H-2C workers.
            ``(4) Penalties for displacement of united states 
        workers.--If the Secretary of Agriculture finds, after notice 
        and opportunity for a hearing, a willful failure to meet a 
        material condition of subsection (b) or a willful 
        misrepresentation of a material fact in a petition under 
        subsection (b), 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-2C worker or during the 30-day period preceding such period 
        of employment, the Secretary--
                    ``(A) may impose such other administrative remedies 
                (including civil money penalties in an amount not to 
                exceed $15,000 per violation) as the Secretary 
                determines to be appropriate;
                    ``(B) may disqualify the employer from the 
                employment of H-2C workers for a period of 5 years; and
                    ``(C) may, for a second violation, permanently 
                disqualify the employer from the employment of H-2C 
                workers.
    ``(j) Failure To Pay Wages or Required Benefits.--
            ``(1) Assessment.--If the Secretary of Agriculture finds, 
        after notice and opportunity for a hearing, that the employer 
        has failed to provide the benefits, wages, and working 
        conditions attested by the employer under subsection (b), the 
        Secretary shall assess payment of back wages, or such other 
        required benefits, due any United States worker or H-2C worker 
        employed by the employer in the specific employment in 
        question.
            ``(2) Amount.--The back wages or other required benefits 
        described in paragraph (1)--
                    ``(A) shall be equal to the difference between the 
                amount that should have been paid and the amount that 
                was paid to such worker; and
                    ``(B) shall be distributed to the worker to whom 
                such wages or benefits are due.
    ``(k) Minimum Wages, Benefits, and Working Conditions.--
            ``(1) Preferential treatment of aliens prohibited.--
                    ``(A) In general.--Each employer seeking to hire 
                United States workers shall offer such workers not less 
                than the same benefits, wages, and working conditions 
                that the employer is offering, intends to offer, or 
                will provide to H-2C workers. No job offer may impose 
                on United States workers any restrictions or 
                obligations which will not be imposed on the employer's 
                H-2C workers.
                    ``(B) Interpretation.--Every interpretation and 
                determination made under this section or under any 
                other law, regulation, or interpretative provision 
                regarding the nature, scope, and timing of the 
                provision of these and any other benefits, wages, and 
                other terms and conditions of employment shall be made 
                so that--
                            ``(i) the services of workers to their 
                        employers and the employment opportunities 
                        afforded to workers by the employers, including 
                        those employment opportunities that require 
                        United States workers or H-2C workers to travel 
                        or relocate in order to accept or perform 
                        employment--
                                    ``(I) mutually benefit such 
                                workers, as well as their families, and 
                                employers; and
                                    ``(II) principally benefit neither 
                                employer nor employee; and
                            ``(ii) employment opportunities within the 
                        United States benefit the United States 
                        economy.
            ``(2) Required wages.--
                    ``(A) In general.--Each employer petitioning for 
                workers under subsection (b) shall pay not less than 
                the greater of--
                            ``(i) the prevailing wage level for the 
                        occupational classification in the area of 
                        employment; or
                            ``(ii) the applicable Federal, State, or 
                        local minimum wage, whichever is greatest.
                    ``(B) 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 (A).
            ``(3) Employment guarantee.--
                    ``(A) In general.--
                            ``(i) Requirement.--Each employer 
                        petitioning for workers under subsection (b) 
                        shall guarantee to offer the worker employment 
                        for the hourly equivalent of not less than 50 
                        percent of the work hours during the total 
                        anticipated period of employment, 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 offer.
                            ``(ii) Failure to meet guarantee.--If the 
                        employer affords the United States worker or 
                        the H-2C worker less employment than that 
                        required under this subparagraph, the employer 
                        shall pay such worker the amount which the 
                        worker would have earned if the worker had 
                        worked for the guaranteed number of hours.
                            ``(iii) Period of employment.--For purposes 
                        of this subparagraph, the term `period of 
                        employment' means the total number of 
                        anticipated work hours and workdays described 
                        in the job offer and shall exclude the worker's 
                        Sabbath and Federal holidays.
                    ``(B) Calculation of hours.--Any hours which the 
                worker fails to work, up to a maximum of the number of 
                hours specified in the job offer for a work day, when 
                the worker has been offered an opportunity to do so, 
                and all hours of work actually performed (including 
                voluntary work in excess of the number of hours 
                specified in the job offer in a work day, on the 
                worker's Sabbath, or on Federal holidays) may be 
                counted by the employer in calculating whether the 
                period of guaranteed employment has been met.
                    ``(C) Limitation.--If the worker voluntarily 
                abandons employment before the end of the contract 
                period, or is terminated for cause, the worker is not 
                entitled to the 50 percent guarantee described in 
                subparagraph (A).
                    ``(D) Termination of employment.--
                            ``(i) In general.--If, before the 
                        expiration of the period of employment 
                        specified in the job offer, the services of the 
                        worker are no longer required due to any form 
                        of natural disaster, including flood, 
                        hurricane, freeze, earthquake, fire, drought, 
                        plant or animal disease, pest infestation, 
                        regulatory action, or any other reason beyond 
                        the control of the employer before the 
                        employment guarantee in subparagraph (A) is 
                        fulfilled, the employer may terminate the 
                        worker's employment.
                            ``(ii) Requirements.--If a worker's 
                        employment is terminated under clause (i), the 
                        employer shall--
                                    ``(I) fulfill the employment 
                                guarantee in subparagraph (A) for the 
                                work days that have elapsed during the 
                                period beginning on the first work day 
                                after the arrival of the worker and 
                                ending on the date on which such 
                                employment is terminated;
                                    ``(II) make efforts to transfer the 
                                United States worker to other 
                                comparable employment acceptable to the 
                                worker; and
                                    ``(III) not later than 24 hours 
                                after termination, notify (or have an 
                                association acting as an agent for the 
                                employer notify) the Secretary of 
                                Homeland Security of such termination.
    ``(l) Period of Admission.--
            ``(1) In general.--An H-2C worker shall be admitted for a 
        period of employment, not to exceed 18 months (or 36 months as 
        provided in subsection (o)(3)(A) for a worker employed in a job 
        that is not of a temporary or seasonal nature), and except for 
        sheepherders, that includes--
                    ``(A) a period of not more than 7 days prior to the 
                beginning of the period of employment for the purpose 
                of travel to the work site; and
                    ``(B) a period of not more than 14 days following 
                the period of employment for the purpose of departure 
                or a period of not more than 30 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 (or pursuant to at-
                will employment pursuant to section 218B during such 
                time as that section is in effect). An H-2C worker who 
                does not depart within these periods will be considered 
                to have failed to maintain nonimmigrant status as an H-
                2C worker and shall be subject to removal under section 
                237(a)(1)(C)(i). Such alien shall be considered to be 
                inadmissible pursuant to section 212(a)(9)(B)(i) for 
                having been unlawfully present, with the alien 
                considered to have been unlawfully present for 180 days 
                as of the 15th day following the period of employment 
                for the purpose of departure or as of the 31st 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 
                218B or employment pursuant to this section.
            ``(2) Employment limitation.--An alien may not be employed 
        during the 14-day period described in paragraph (1)(B) except 
        in the employment for which the alien is otherwise authorized.
    ``(m) Abandonment of Employment.--
            ``(1) In general.--An alien admitted or provided status 
        under section 101(a)(15)(H)(ii)(c) who abandons the employment 
        which was the basis for such admission or status--
                    ``(A) shall have failed to maintain nonimmigrant 
                status as an H-2C worker;
                    ``(B) shall depart the United States or be subject 
                to removal under section 237(a)(1)(C)(i); and
                    ``(C) shall be considered to be inadmissible 
                pursuant to section 212(a)(9)(B)(i) for having been 
                unlawfully present, with the alien considered to have 
                been unlawfully present for 180 days as of the 15th day 
                following the date of the abandonment of employment.
            ``(2) Report by employer.--Not later than 24 hours after an 
        employer learns of the abandonment of employment by an H-2C 
        worker, the employer or association acting as an agent for the 
        employer, shall notify the Secretary of Homeland Security of 
        such abandonment.
            ``(3) Removal.--The Secretary of Homeland Security shall 
        promptly remove from the United States any H-2C worker who 
        violates any term or condition of the worker's nonimmigrant 
        status.
            ``(4) Voluntary termination.--Notwithstanding paragraph 
        (1), an alien may voluntarily terminate the alien's employment 
        if the alien promptly departs the United States upon 
        termination of such employment. An alien who voluntarily 
        terminates the alien's employment and who does not depart 
        within 14 days shall be considered to have failed to maintain 
        nonimmigrant status as an H-2C worker and shall be subject to 
        removal under section 237(a)(1)(C)(i). Such alien shall be 
        considered to be inadmissible pursuant to section 
        212(a)(9)(B)(i) for having been unlawfully present, with the 
        alien considered to have been unlawfully present for 180 days 
        as of the 15th day following the voluntary termination of 
        employment.
    ``(n) Replacement of Alien.--An employer may designate an eligible 
alien to replace an H-2C worker who abandons employment notwithstanding 
the numerical limitation found in section 214(g)(1)(C).
    ``(o) Extension of Stay of H-2C Workers in the United States.--
            ``(1) Extension of stay.--If an employer seeks approval to 
        employ an H-2C worker who is lawfully present in the United 
        States, the petition filed by the employer or an association 
        pursuant to subsection (b) shall request an extension of the 
        alien's stay and, if applicable, a change in the alien's 
        employment.
            ``(2) Work authorization upon filing petition for extension 
        of stay.--
                    ``(A) 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 (1) until and unless the petition is 
                denied. The employer shall provide a copy of the 
                employer's petition for extension of stay to the alien. 
                The alien shall keep the petition with the alien's 
                identification and employment eligibility document, as 
                evidence that the petition has been filed and that the 
                alien is authorized to work in the United States.
                    ``(B) Employment eligibility document.--Upon 
                approval of a petition for an extension of stay or 
                change in the alien's authorized employment, the 
                Secretary of Homeland Security shall provide a new or 
                updated employment eligibility document to the alien 
                indicating the new validity date, after which the alien 
                is not required to retain a copy of the petition.
                    ``(C) File defined.--In this paragraph, the term 
                `file' means sending the petition by certified mail via 
                the United States Postal Service, return receipt 
                requested, 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 stay.
            ``(3) Limitation on an individual's stay in status.--
                    ``(A) Maximum period.--The maximum continuous 
                period of authorized status as an H-2C worker 
                (including any extensions) is 18 months for a worker 
                employed in a job that is of a temporary or seasonal 
                nature. For an H-2C worker employed in a job that is 
                not of a temporary or seasonal nature, the initial 
                maximum continuous period of authorized status is 36 
                months and subsequent maximum continuous periods of 
                authorized status are 18 months. There is no maximum 
                continuous period of authorized status for a 
                sheepherder.
                    ``(B) 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 
                101(a)(15)(H)(ii)(c) whose period of authorized status 
                as an H-2C worker (including any extensions) has 
                expired, the alien may not again be admitted to the 
                United States as an H-2C worker unless the alien has 
                remained outside the United States for a continuous 
                period equal to at least \1/6\ the duration of the 
                alien's previous period of authorized status as an H-2C 
                worker. For an alien outside the United States who was 
                employed in a job not of a temporary or seasonal nature 
                pursuant to section 101(a)(15)(H)(ii)(c) whose period 
                of authorized status as an H-2C worker (including any 
                extensions) has expired, the alien may not again be 
                admitted to the United States as an H-2C worker unless 
                the alien has remained outside the United States for a 
                continuous period equal to at least the lesser of \1/6\ 
                the duration of the alien's previous period of 
                authorized status as an H-2C worker or 3 months. There 
                is no requirement to remain outside the United States 
                for sheepherders.
    ``(p) Adjustment of Status.--Notwithstanding any other provision of 
law, an alien who is unlawfully present in the United States on April 
25, 2013, is eligible to adjust status to that of an H-2C worker.
    ``(q) Trust Fund To Assure Worker Return.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a trust fund (in this section referred to 
        as the `Trust Fund') for the purpose of providing a monetary 
        incentive for H-2C workers to return to their country of origin 
        upon expiration of their visas.
            ``(2) Withholding of wages; payment into the trust fund.--
                    ``(A) In general.--Notwithstanding the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 201 et seq.), all 
                employers of H-2C workers shall withhold from the wages 
                of the workers an amount equivalent to 10 percent of 
                the wages of each worker and pay such withheld amount 
                into the Trust Fund.
                    ``(B) Jobs that are not of a temporary or seasonal 
                nature.--Employers of H-2C 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-2C workers that the 
                employer would be obligated to pay under chapters 21 
                and 23 of the Internal Revenue Code of 1986 had the H-
                2C workers been subject to such chapters.
        Amounts withheld under this paragraph shall be maintained in 
        such interest bearing account with such a financial institution 
        as the Secretary of Agriculture shall specify.
            ``(3) Distribution of funds.--Amounts paid into the Trust 
        Fund on behalf of an H-2C worker, and held pursuant to 
        paragraph (2)(A) and interest earned thereon, shall be paid by 
        the Secretary of State to the worker if--
                    ``(A) the worker applies to the Secretary of State 
                (or the designee of such Secretary) for payment within 
                30 days of the expiration of the alien's last 
                authorized stay in the United States as an H-2C worker 
                at a United States embassy or consulate in the worker's 
                home country;
                    ``(B) in such application the worker establishes 
                that the worker has complied with the terms and 
                conditions of the H-2C program; and
                    ``(C) in connection with the application, the H-2C 
                worker confirms their identity.
            ``(4) Administrative expenses.--The amounts paid into the 
        Trust Fund and held pursuant to paragraph (2)(B), and interest 
        earned thereon, shall be paid to the Secretary of State, the 
        Secretary of Agriculture, and the Secretary of Homeland 
        Security in amounts equivalent to the expenses incurred by such 
        officials in the administration of the H-2C program not 
        reimbursed pursuant to subsection (h)(2) or section 218B(b).
    ``(r) Investment of Trust Fund.--
            ``(1) In general.--It shall be the duty of the Secretary of 
        the Treasury to invest such portion of the Trust Fund as is 
        not, in the Secretary's judgment, required to meet current 
        withdrawals. Such investments may be made only in interest-
        bearing obligations of the United States or in obligations 
        guaranteed as to both principal and interest by the United 
        States. For such purpose, such obligations may be acquired--
                    ``(A) on original issue at the price; or
                    ``(B) by purchase of outstanding obligations at the 
                market price.
        The purposes for which obligations of the United States may be 
        issued under chapter 31 of title 31, United States Code, are 
        hereby extended to authorize the issuance at par of special 
        obligations exclusively to the Trust Fund. Such special 
        obligations shall bear interest at a rate equal to the average 
        rate of interest, computed as to the end of the calendar month 
        next preceding the date of such issue, borne by all marketable 
        interest-bearing obligations of the United States then forming 
        a part of the public debt, except that where such average rate 
        is not a multiple of \1/8\ of 1 percent, the rate of interest 
        of such special obligations shall be the multiple of \1/8\ of 1 
        percent next lower than such average rate. 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 States, or of obligations guaranteed 
        as to both principal and interest by the United States on 
        original issue or at the market price, is not in the public 
        interest.
            ``(2) Sale of obligation.--Any obligation acquired by the 
        Trust Fund (except special obligations issued exclusively to 
        the Trust Fund) may be sold by the Secretary of the Treasury at 
        the market price, and such special obligations may be redeemed 
        at par plus accrued interest.
            ``(3) Credits to trust fund.--The interest on, and the 
        proceeds from the sale or redemption of, any obligations held 
        in the Trust Fund shall be credited to and form a part of the 
        Trust Fund.
            ``(4) Report to congress.--It shall be the duty of the 
        Secretary of the Treasury to hold the Trust Fund, and (after 
        consultation with the Secretary of Agriculture) 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 year. Such report shall be 
        printed as both a House and a Senate document of the session of 
        the Congress to which the report is made.''.
    (b) At-Will Employment.--Chapter 2 of title II of the Immigration 
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting 
after section 218A (as inserted by subsection (a)) the following:

``SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H-2C WORKERS.

    ``(a) At-Will Employment.--
            ``(1) In general.--An H-2C worker may perform agricultural 
        labor or services for any employer that is designated as a 
        `registered agricultural employer' pursuant to subsection (b). 
        However, an H-2C 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-2C worker, having been 
        admitted or otherwise provided nonimmigrant status pursuant to 
        section 218A, and has completed the period of employment 
        specified in the job offer the worker accepted pursuant to 
        section 218A or the employer has terminated the worker's 
        employment pursuant to section 218A(k)(3)(D)(i). An H-2C worker 
        who abandons the employment which was the basis for admission 
        or status pursuant to section 218A may not perform labor or 
        services pursuant to this section until the worker has returned 
        to their home country, been readmitted as an H-2C worker 
        pursuant to section 218A and has completed the period of 
        employment specified in the job offer the worker accepted 
        pursuant to section 218A or the employer has terminated the 
        worker's employment pursuant to section 218A(k)(3)(D)(i).
            ``(2) Period of stay.--An H-2C worker performing such labor 
        or services for a registered agricultural employer is subject 
        to the period of admission, limitation of stay in status, and 
        requirement to remain outside the United States contained in 
        subsections (l) and (o)(3) of section 218A.
            ``(3) Termination of employment.--At the conclusion of at-
        will employment with a registered agricultural employer or the 
        conclusion of employment pursuant to section 218A qualifying an 
        H-2C worker to perform at-will work pursuant to this section, 
        an H-2C worker shall find at-will employment with a registered 
        agricultural employer or employment pursuant to section 218A 
        within 30 days or will be considered to have failed to maintain 
        nonimmigrant status as an H-2C worker and shall depart from the 
        United States or be subject to removal under section 
        237(a)(1)(C)(i). An H-2C worker who does not so depart shall be 
        considered to be inadmissible pursuant to section 
        212(a)(9)(B)(i) for having been unlawfully present, with the 
        alien considered to have been unlawfully present for 180 days 
        as of the 31st day after conclusion of employment where the 
        alien has not found at-will employment with a registered 
        agricultural employer or employment pursuant to section 218A. 
        However, an alien may voluntarily terminate the alien's 
        employment if the alien promptly departs the United States upon 
        termination of such employment. Either a registered 
        agricultural employer or an H-2C worker may voluntarily 
        terminate the worker's at-will employment at any time. The H-2C 
        worker then shall find additional at-will employment with a 
        registered agricultural employer or employment pursuant to 
        section 218A within 30 days or will be considered to have 
        failed to maintain nonimmigrant status as an H-2C worker and 
        shall depart from the United States or be subject to removal 
        under section 237(a)(1)(C)(i). An H-2C worker who does not so 
        depart shall be considered to be inadmissible pursuant to 
        section 212(a)(9)(B)(i) for having been unlawfully present, 
        with the alien considered to have been unlawfully present for 
        180 days as of the 31st day after conclusion of employment 
        where the alien has not found at-will employment with a 
        registered agricultural employer or employment pursuant to 
        section 218A.
    ``(b) Registered Agricultural Employers.--The Secretary of 
Agriculture shall establish a process to accept and adjudicate 
applications by employers to be designated as registered agricultural 
employers. The Secretary shall require, as a condition of approving the 
petition, the payment of a fee to recover the reasonable cost of 
processing the application. The Secretary shall designate an employer 
as a registered agricultural employer if the Secretary determines that 
the employer--
            ``(1) employs individuals who perform agricultural labor or 
        services;
            ``(2) has not been subject to debarment from receiving 
        future temporary agricultural labor certifications pursuant to 
        section 101(a)(15)(H)(ii)(a) within the last five years;
            ``(3) has not been subject to disqualification from the 
        employment of H-2C workers within the last five years,
            ``(4) agrees to, if employing an H-2C worker pursuant to 
        this section, abide by the terms of the attestations contained 
        in section 218A(b) and the obligations contained in subsections 
        (k) (excluding paragraph (3) of such subsection) and (q) of 
        section 218A as if it had submitted a petition making those 
        attestations and accepting those obligations, and
            ``(5) agrees to notify the Secretary of Agriculture and the 
        Secretary of Homeland Security each time it employs an H-2C 
        worker pursuant to this section within 24 hours of the 
        commencement of employment and each time an H-2C worker ceases 
        employment within 24 hours of the cessation of employment.
    ``(c) Length of Designation.--An employer's designation as a 
registered agricultural employer shall be valid for 3 years, and the 
designation can be extended upon reapplication for additional 3-year 
terms. 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-2C workers subsequent to being designated as a 
registered agricultural employer.
    ``(d) Enforcement.--The Secretary of Agriculture shall be 
responsible for conducting investigations and random audits of 
employers to ensure compliance with the requirements of this section. 
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 power. The Secretary of 
Agriculture's enforcement powers and an employer's liability described 
in subsections (i) through (j) of section 218A are applicable to 
employers employing H-2C workers pursuant to this section.
    ``(e) Removal of H-2C Worker.--The Secretary of Homeland Security 
shall promptly remove from the United States any H-2C 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 
status.''.
    (c) Prohibition on Family Members.--Section 101(a)(15)(H) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by 
striking ``him;'' at the end and inserting ``him, except that no spouse 
or child may be admitted under clause (ii)(c);''.
    (d) Numerical Cap.--Section 214(g)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) under section 101(a)(15)(H)(ii)(c) may not 
                exceed 500,000, except that--
                            ``(i) the Secretary of Agriculture may 
                        increase or decrease such number based on--
                                    ``(I) a shortage or surplus of 
                                workers performing agricultural labor 
                                or services;
                                    ``(II) growth or contraction in the 
                                United States agricultural industry 
                                that has increased or decreased the 
                                demand for workers to perform 
                                agricultural labor or services;
                                    ``(III) the level of unemployment 
                                and underemployment of United States 
                                workers (as defined in section 
                                218A(a)(8)) in agricultural labor or 
                                services;
                                    ``(IV) the number of nonimmigrant 
                                workers employers sought during the 
                                preceding fiscal year pursuant to 
                                clause (a) or (c) of section 
                                101(a)(15)(H)(ii);
                                    ``(V) the number of H-2C workers 
                                (as defined in section 218A(a)(5)) who 
                                in the preceding fiscal year had to 
                                depart from the United States or be 
                                subject to removal under section 
                                237(a)(1)(C)(i) because they could not 
                                find additional at-will employment 
                                within 30 days pursuant to section 
                                218B;
                                    ``(VI) the estimated number of 
                                United States workers (as defined in 
                                section 218A(a)(8)) who worked in 
                                agriculture during the preceding fiscal 
                                year pursuant to clause (a) or (c) of 
                                section 101(a)(15)(H)(ii); and
                                    ``(VII) the number of nonimmigrant 
                                agricultural workers issued a visa or 
                                otherwise provided nonimmigrant status 
                                pursuant to clause (a) or (c) of 
                                section 101(a)(15)(H)(ii) during 
                                preceding fiscal years who remain in 
                                the United States out of compliance 
                                with the terms of their status;
                            ``(ii) during any fiscal year, the 
                        Secretary of Agriculture may increase such 
                        number on an emergency basis for severe 
                        shortages of agricultural labor or services; 
                        and
                            ``(iii) this numerical limitation shall not 
                        apply to any alien who performed agricultural 
                        labor or services for not fewer than 575 hours 
                        or 100 days in which the alien was employed 
                        5.75 or more hours performing agricultural 
                        labor or services pursuant to section 7 of the 
                        AG Act during the 2-year period beginning on 
                        the date of the enactment of such Act and 
                        ending on the date that is 2 years after such 
                        date.''.
    (e) Waiver of Bars to Admissibility.--Section 212(a)(9)(B)(v) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(v)) is 
amended--
            (1) by striking ``The Attorney General'' and inserting the 
        following:
                                    ``(I) In general.--The Secretary of 
                                Homeland Security''.
            (2) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
            (3) by adding at the end the following:
                                    ``(II) H-2C workers.--The Secretary 
                                of Homeland Security shall waive clause 
                                (i) solely if necessary to allow an 
                                alien to come temporarily to the United 
                                States to perform agricultural labor or 
                                services as provided in section 
                                101(a)(15)(H)(ii)(c), except to the 
                                extent that the alien's unlawful 
                                presence followed after the alien's 
                                having the status of a nonimmigrant 
                                under such section.''.
    (f) Prevailing Wage.--Section 212(p) of the Immigration and 
Nationality Act (8 U.S.C. 1182(p)) is amended--
            (1) in paragraph (1), by adding ``and section 218A'' after 
        ``of this section''; and
            (2) in paragraph (3), by adding ``and section 218A'' after 
        ``of this section''.
    (g) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 218 the following:

``Sec. 218A. Admission of temporary H-2C workers.
``Sec. 218B. At-will employment of temporary H-2C workers.''.

SEC. 4. MEDIATION.

    A nonimmigrant having status under section 101(a)(15)(H)(ii)(c) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)) 
may not bring a civil action for damages against the nonimmigrant's 
employer, nor may any other attorney or individual bring a civil action 
for damages on behalf of such a nonimmigrant against the nonimmigrant's 
employer, unless at least 90 days prior to bringing the action a 
request has been made to the Federal Mediation and Conciliation Service 
to assist the parties in reaching a satisfactory resolution of all 
issues involving all parties to the dispute and mediation has been 
attempted.

SEC. 5. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION.

    Section 3(8)(B)(ii) of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1802(8)(B)(ii)) is amended by striking 
``under sections 101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and 
Nationality Act.'' and inserting ``under subclauses (a) and (c) of 
section 101(a)(15)(H)(ii), and section 214(c), of the Immigration and 
Nationality Act.''.

SEC. 6. BINDING ARBITRATION.

    (a) Applicability.--Any H-2C worker may, as a condition of 
employment with an employer, be subject to mandatory binding 
arbitration and mediation of any grievance relating to the employment 
relationship. An employer shall provide any such worker with notice of 
such condition of employment at the time the job offer is made.
    (b) Allocation of Costs.--Any cost associated with such arbitration 
and mediation process shall be equally divided between the employer and 
the H-2C worker, except that each party shall be responsible for the 
cost of its own counsel, if any.
    (c) Definitions.--As used in this section:
            (1) The term ``condition of employment'' means a term, 
        condition, obligation, or requirement that is part of the job 
        offer, such as the term of employment, the job 
        responsibilities, the employee conduct standards, and the 
        grievance resolution process, and to which an applicant or 
        prospective H-2C worker must consent or accept in order to be 
        hired for the position.
            (2) The term ``H-2C worker'' means a nonimmigrant described 
        in section 101(a)(15)(H)(ii)(c) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(ii)(c)).

SEC. 7. 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 (5), (6), (7), and (9)(B) of 
section 212(a), and the grounds of deportability contained in 
subparagraphs (A) through (D) of paragraph (1), and paragraph (3), of 
section 237(a), of the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) in the case of an alien physically present in the United 
States as of April 25, 2013, solely as may be necessary in order to 
allow the alien to perform agricultural labor or services. Such alien 
shall not be considered an unauthorized alien for purposes of section 
274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3)) or to be unlawfully present as long as the alien performs 
such labor or services.

SEC. 8. ELIGIBILITY FOR FEDERAL PUBLIC BENEFITS AND REFUNDABLE TAX 
              CREDITS.

    (a) Federal Public Benefits.--H-2C workers (as defined in section 
218A(a)(5) of the Immigration and Nationality Act, as inserted by 
section 3(a) of this Act) and aliens performing agricultural labor or 
services pursuant to section 7 of this Act--
            (1) are not entitled to the premium assistance tax credit 
        authorized under section 36B of the Internal Revenue Code of 
        1986;
            (2) shall be subject to the rules applicable to individuals 
        who are not lawfully present set forth in subsection (e) of 
        such section; and
            (3) shall be subject to the rules applicable to individuals 
        who are not lawfully present set forth in section 1402(e) of 
        the Patient Protection and Affordable Care Act (42 U.S.C. 
        18071(e)).
    (b) Refundable Tax Credits.--H-2C workers (as defined in section 
218A(a)(5) of the Immigration and Nationality Act, as inserted by 
section 3(a) of this Act) and aliens performing agricultural labor or 
services pursuant to section 7 of this Act shall not be allowed any 
credit under section 24 or 32 of the Internal Revenue Code of 1986. In 
the case of a joint return, no credit shall be allowed under either 
such section if both spouses are such a worker or alien.

SEC. 9. EFFECTIVE DATES; SUNSET; REGULATIONS.

    (a) Effective Dates.--
            (1) In general.--The amendments made by sections 2 and 4 
        through 6, and subsections (a) and (c) through (f) of section 
        3, of this Act shall take effect on the date that is 2 years 
        after the date of the enactment of this Act, and the Secretary 
        of Agriculture shall accept petitions to import an alien under 
        sections 101(a)(15)(H)(ii)(c) and 218A of the Immigration and 
        Nationality Act, as inserted by this Act, beginning on such 
        date.
            (2) At-will employment.--The amendment made by section 3(b) 
        of this Act shall take effect on the date that it becomes 
        unlawful for any person or other entity to hire, or to recruit 
        or refer for a fee, for employment in the United States an 
        individual (as provided in section 274A(a)(1) of the 
        Immigration and Nationality Act) (8 U.S.C. 1324a(a)(1)) without 
        participating in the E-Verify Program described in section 
        403(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1324a note) or an 
        employment eligibility verification system patterned on such 
        program's verification system, and only if at that time the E-
        Verify Program (or another program patterned after the E-Verify 
        Program) responds to inquiries made by such persons or entities 
        by providing confirmation, tentative nonconfirmation, 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 
        101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act (as 
        inserted by this Act), and if the latter, 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 218A and 
        218B of such Act (as so added) and on what date the alien would 
        cease to be in compliance with their maximum continuous period 
        of authorized status.
            (3) Agricultural labor or services by aliens unlawfully 
        present.--Section 7 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 2 years after such date.
    (b) Operation and Sunset of the H-2A Program.--
            (1) Application of existing regulations.--The Department of 
        Labor H-2A program regulations published at 73 Federal Register 
        77110 et seq. (2008) shall be in force for all petitions 
        approved under sections 101(a)(15)(H)(ii)(c) and 218A of the 
        Immigration and Nationality Act, as inserted by this Act, 
        beginning on the date of the enactment of this Act.
            (2) Adjustment of status.--Notwithstanding any other 
        provision of law, 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 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) beginning on the date of 
        the enactment of this Act and ending on the date that is 2 
        years after the date of the enactment of this Act.
            (3) Sunset.--Beginning on the date that is 2 years after 
        the date of the enactment of this Act, no new petition to 
        import an alien under sections 101(a)(15)(H)(ii)(a) and 218 of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii)(a); 8 U.S.C. 1188) shall be accepted.
    (c) Regulations.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Agriculture shall promulgate 
regulations, in accordance with the notice and comment provisions of 
section 553 of title 5, United States Code, to implement the 
Secretary's duties under this Act.
                                 <all>