H.R.1773 - AG Act113th Congress (2013-2014)
Summary: H.R.1773 — 113th Congress (2013-2014)
Introduced in House (04/26/2013)
Agricultural Guestworker Act or the AG Act - Amends the Immigration and Nationality Act to establish an H-2C nonimmigrant visa for an alien having a residence in a foreign country which he or she has no intention of abandoning and who is coming temporarily to the United States to perform agricultural labor or services.
Requires an employer to file an H-2C petition with the Department of Agriculture (USDA) which shall include specified employment-related attestations.
Sets forth provisions regarding: (1) penalties; (2) working conditions, wages, and transportation reimbursement; (3) admissions and extensions of stay; (4) abandonment of employment and worker replacement; (5) protection of U.S. workers; (6) legal assistance; (7) fees; and (8) arbitration and mediation.
Requires the Secretary of Agriculture to conduct investigations and random audits of employer work sites.
Requires an employer to guarantee to offer the worker employment for the hourly equivalent of at least 50% of the work hours during the total anticipated period of employment.
Makes an alien who is unlawfully present in the United States on April 25, 2013, eligible to adjust to H-2C status.
Establishes in the Treasury a trust fund to provide a monetary incentive for H-2C workers to return to their country of origin upon expiration of their visas.
Permits an H-2C worker to perform agricultural labor or services for any "registered agricultural employer" if such worker: (1) is already lawfully present in the United States as an H-2C worker; and (2) has completed the period of employment specified in the job offer the worker accepted, or the employer has terminated the worker's employment.
Limits the number of annual fiscal year H-2C admissions.
Prohibits the admission of spouses and children of H-2C workers.
Extends coverage under the Migrant and Seasonal Agricultural Worker Protection Act to H-2C workers.
Sets forth limitations on federal benefits and tax credits.
Terminates authority to petition for H-2A temporary agricultural workers two years after enactment of this Act.