[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2827 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 2827
To amend the Immigration and Nationality Act to provide for an H-2C
nonimmigrant classification, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2016
Mr. Flake introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for an H-2C
nonimmigrant classification, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Willing Workers and Willing
Employers Act of 2016''.
SEC. 2. NONIMMIGRANT CLASSIFICATION FOR H-2C NONIMMIGRANTS.
Section 101(a)(15)(H)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)) is amended by inserting ``(c) who is coming
temporarily to the United States to perform services or labor for a
registered non-agricultural employer in a registered position (as those
terms are defined in section 219A(a)) in accordance with the
requirements under section 219A; or'' before ``(iii) have a
residence''.
SEC. 3. ADMISSION OF H-2C NONIMMIGRANT WORKERS.
(a) Admission of H-2C Nonimmigrant Workers.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
adding at the end the following:
``SEC. 219A. ADMISSION OF H-2C NONIMMIGRANT WORKERS.
``(a) Definitions.--In this section:
``(1) Department.--Except as otherwise specifically
provided, the term `Department' means the Department of
Homeland Security.
``(2) Eligible occupation.--The term `eligible occupation'
means an eligible occupation described in subsection (f)(3).
``(3) Employer.--
``(A) In general.--The term `employer' means any
person or operational unit of a for-profit or nonprofit
entity that is operating independently in a county or
metropolitan statistical area and who hires an
individual for employment in the United States.
``(B) Treatment of single employer.--For purposes
of determining the number of employees or United States
workers employed by an employer, a single entity shall
be treated as 1 employer.
``(4) Enduring job opening.--The term `enduring job
opening' refers to a job opening that--
``(A) remains unfilled on the first day of the
month for 3 consecutive months; or
``(B) is unfilled for more than 60 days in a period
of 90 consecutive days.
``(5) Full employment area.--The term `full employment
area' refers to any county or metropolitan statistical area
where the unemployment rate during the fiscal quarter during
which an application is submitted by an employer is equal to or
less than 4.9 percent.
``(6) H-2C nonimmigrant.--The term `H-2C nonimmigrant'
means an alien admitted as a nonimmigrant pursuant to section
101(a)(15)(H)(ii)(c).
``(7) H-2C nonimmigrant status.--The term `H-2C
nonimmigrant status' means status granted to an alien admitted
as a nonimmigrant pursuant to section 101(a)(15)(H)(ii)(c).
``(8) Initial h-2c nonimmigrant.--The term `initial H-2C
nonimmigrant' means an alien--
``(A) issued an H-2C nonimmigrant visa by the
Secretary of State authorizing the admission of that
alien to the United States for the first time as an H-
2C nonimmigrant; and
``(B) does not include an alien on or after the
date the alien commences employment in H-2C
nonimmigrant status with a registered employer in a
registered position.
``(9) Lay off.--The term `lay off'--
``(A) means to cause a worker to lose 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; and
``(B) does not include any situation in which the
worker is offered and refused to accept, as an
alternative to such loss of employment, a similar
employment opportunity with the same employer at
equivalent or higher compensation and benefits than the
position from which the employee was discharged.
``(10) Metropolitan statistical area.--The term
`metropolitan statistical area' means a geographic area
designated as a metropolitan statistical area by the Director
of the Office of Management and Budget.
``(11) Registered employer.--The term `registered employer'
means an operational business unit of a nonagricultural
employer that is operating independently in a full employment
area and is designated by the Secretary as a registered
employer under subsection (e).
``(12) Registered position.--The term `registered position'
means a position designated as a registered position under
subsection (f).
``(13) Scarcity recruitment fee.--The term `scarcity
recruitment fee' refers to a payment equal to 5 percent of an
H-2C immigrant's estimated annual compensation that a
registered employer remits to the Secretary as part of the
employer's application for a registered position in order to
demonstrate said employer's inability to recruit a United
States worker for the position.
``(14) Secretary.--Except as otherwise specifically
provided, the term `Secretary' means the Secretary of Homeland
Security.
``(15) Single entity.--The term `single entity' means any
group treated as a single employer under subsection (b), (c),
(m), or (o) of section 414 of the Internal Revenue Code of
1986.
``(16) Small business.--The term `small business' means an
employer that employs 50 or fewer full-time equivalent
employees.
``(17) United states worker.--The term `United States
worker' means an individual who is--
``(A) lawfully employed or seeking employment in
the United States; and
``(B)(i) a national of the United States;
``(ii) an alien lawfully admitted for permanent
residence; or
``(iii) any other alien authorized to work in the
United States with no limitation as to the alien's
employer.
``(18) Zone 1 occupation.--The term `zone 1 occupation'
means an occupation that requires little or no preparation and
is classified as a zone 1 occupation on--
``(A) the Occupational Information Network Database
(O*NET) on the date of the enactment of this section;
or
``(B) such Database or a similar successor
database, as designated by the Secretary of Labor,
after the date of the enactment of this section.
``(19) Zone 2 occupation.--The term `zone 2 occupation'
means an occupation that requires some preparation and is
classified as a zone 2 occupation on--
``(A) the Occupational Information Network Database
(O*NET) on the date of the enactment of this section;
or
``(B) such Database or a similar successor
database, as designated by the Secretary of Labor,
after the date of the enactment of this section.
``(20) Zone 3 occupation.--The term `zone 3 occupation'
means an occupation that requires medium preparation and is
classified as a zone 3 occupation on--
``(A) the Occupational Information Network Database
(O*NET) on the date of the enactment of this section;
or
``(B) such Database or a similar successor
database, as designated by the Secretary of Labor,
after the date of the enactment of this section.
``(b) Admission Into the United States.--An alien is eligible to be
admitted as an H-2C nonimmigrant if the alien--
``(1) has received an offer of employment from a registered
employer; and
``(2) otherwise meets the requirements of this section.
``(c) Sunset.--No H-2C nonimmigrant may be admitted after the date
that is 10 years after the date that final regulations to carry out
this section are published.
``(d) H-2C Nonimmigrants.--
``(1) Application.--An alien seeking to be an H-2C
nonimmigrant shall submit an application to the Secretary.
``(2) Attestation.--Each application submitted under
paragraph (1) for an alien shall include an attestation as
follows:
``(A) That the H-2C nonimmigrant will report to
such nonimmigrant's initial employment in a registered
position not later than 14 days after such nonimmigrant
is admitted.
``(B) That the H-2C nonimmigrant will accept only
registered positions and abide by all terms and
conditions of H-2C nonimmigrant status.
``(C) That the H-2C nonimmigrant will not bring a
family member to the United States in violation of any
provision of this Act.
``(3) Application review.--The Secretary shall adjudicate
an application submitted under paragraph (1) not later than 45
days after the receipt of such application.
``(4) Fees.--
``(A) In general.--Each application submitted under
paragraph (1) shall include a fee in the amount
determined by the Secretary adjudicating such
application to be necessary to cover the cost of
adjudicating the application within 45 days.
``(B) Premium processing.--The Secretary and the
Secretary of State shall create an expedited process to
review an application submitted under paragraph (1) for
an additional fee, in an amount determined by such
Secretaries.
``(5) Eligibility for h-2c nonimmigrant status.--No alien
may be admitted as an H-2C nonimmigrant if the alien--
``(A) is inadmissible under this Act;
``(B) fails to pass a criminal background check or
a national security background check;
``(C) is from a country determined by the Secretary
of State to have repeatedly provided support for acts
of international terrorism pursuant to--
``(i) section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A)) (or successor statute);
``(ii) section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)); or
``(iii) section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a)); or
``(D) has not received an offer of employment from
a registered employer in a registered position.
``(6) Employment.--
``(A) Initial employment.--
``(i) Reporting to employment.--An initial
H-2C nonimmigrant shall report to such
nonimmigrant's initial employment in a
registered position not later than 14 days
after such nonimmigrant is admitted to the
United States.
``(ii) Reporting to the secretary.--An
initial H-2C nonimmigrant shall maintain
contact with the Secretary after such H-2C
nonimmigrant is admitted to the United States
but before reporting to the initial employment
at an interval that is determined by the
Secretary, but not less than every 7 days.
``(B) Periods of unemployment.--An H-2C
nonimmigrant--
``(i) may be unemployed for a period of not
more than 45 consecutive days of presence in
the United States; and
``(ii) shall depart the United States if
such H-2C nonimmigrant is unable to obtain
employment during such period.
``(7) Initial period of authorized presence.--An H-2C
nonimmigrant may be physically present in the United States for
an initial period of not more than a total of 36 months.
``(8) Renewal.--
``(A) In general.--An H-2C nonimmigrant may renew
his or her status as an H-2C nonimmigrant for
additional, consecutive periods of authorized presence
as provided in this paragraph. Such a renewal may be
made while the H-2C nonimmigrant is inside or outside
the United States and shall not require the alien to
depart the United States.
``(B) First 4 years.--An H-2C nonimmigrant
initially admitted to the United States during the
period beginning on the date that final regulations to
carry out the Willing Workers and Willing Employers Act
of 2016 are published and ending on the day before the
date that is 5 years after such date may renew his or
her H-2C nonimmigrant status for not more than 2
additional consecutive periods of authorized presence.
``(C) Years 5 through 8.--An H-2C nonimmigrant
initially admitted to the United States during the
period beginning on the date that is 5 years after the
date that final regulations to carry out the Willing
Workers and Willing Employers Act of 2016 are published
and ending on the day before the date that is 9 years
after such date may renew H-2C nonimmigrant status for
1 additional consecutive period of authorized presence.
``(D) Subsequent admissions.--An H-2C nonimmigrant
initially admitted to the United States after the date
that is 9 years after the date that final regulations
to carry out the Willing Workers and Willing Employers
Act of 2016 are published may not renew H-2C
nonimmigrant status.
``(9) Travel.--An H-2C nonimmigrant may travel outside the
United States and be readmitted to the United States.
``(10) Penalties.--If an H-2C nonimmigrant fails to comply
with any other term or condition of H-2C nonimmigrant status or
remains in the United States for 10 days after the date of the
expiration of his or her period of authorized presence without
status under the immigration laws, then the Secretary shall
mandatorily--
``(A) subject such nonimmigrant to the revocation
of employment authorization; and
``(B) initiate and pursue removal under section
237(a)(1)(C)(i).
``(e) Registered Employer.--
``(1) Application.--An employer seeking to be a registered
employer may submit an application to the Secretary. Each such
application shall include the following:
``(A) Documentation to establish that the employer
is a bona-fide employer operating in a full employment
area.
``(B) Evidence that the employer is current in
payment of payroll taxes.
``(C) The employer's Federal tax identification
number or employer identification number issued by the
Internal Revenue Service.
``(D) The number of H-2C nonimmigrants the employer
estimates the employer will seek to employ annually.
``(2) Referral for fraud investigation.--The Secretary may
refer an application submitted under paragraph (1) or
subsection (f)(1)(A) to the Fraud Detection and National
Security Directorate of U.S. Citizenship and Immigration
Services for potential investigation if there is evidence of
fraud particular to such application.
``(3) Ineligible employers.--
``(A) In general.--Notwithstanding any other
applicable penalties under law, the Secretary shall
deny an employer's application to be a registered
employer if the Secretary determines, after notice and
an opportunity for a hearing, that the employer
submitting such application--
``(i) has, in such application (including
any attestations required by law)--
``(I) knowingly misrepresented a
material fact;
``(II) knowingly made a fraudulent
statement; or
``(III) knowingly failed to comply
with the terms of such attestations;
``(ii) failed to cooperate in the process
established pursuant to subsection (n);
``(iii) has been convicted of an offense
under chapter 77 of title 18, United States
Code, any conspiracy to commit such an offense,
or any human trafficking offense under State or
territorial law;
``(iv) has, within 2 years prior to the
date of the application--
``(I) been finally adjudicated as
having committed any hazardous
occupation orders violation resulting
in injury or death under the child
labor provisions contained in section
12 of the Fair Labor Standards Act of
1938 (29 U.S.C. 212) or any pertinent
regulation;
``(II) received a final
adjudication assessing a civil monetary
penalty for a pattern and practice of
willful violation of the minimum wage
provisions of section 6 of the Fair
Labor Standards Act of 1938 (29 U.S.C.
206); or
``(III) received a final
adjudication assessing a civil monetary
penalty for a pattern and practice of
willful violation of the overtime
provisions of section 7 of the Fair
Labor Standards Act of 1938 (29 U.S.C.
207) or any regulations thereunder; or
``(v) has, within 2 years prior to the date
of application, received a final adjudication
for a willful violation involving injury or
death--
``(I) of section 5 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 654);
``(II) of any standard, rule, or
order promulgated pursuant to section 6
of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655); or
``(III) of a plan approved under
section 18 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 667).
``(B) Length of ineligibility.--
``(i) Temporary ineligibility.--An employer
described in clause (i) or (ii) of subparagraph
(A) whose application is denied shall not be
eligible to be a registered employer for a
period that is not less than 1 year or a time
period determined by the Secretary, whichever
is greater, and not more than 2 years.
``(ii) Permanent ineligibility.--An
employer described in clause (iii), (iv), or
(v) of subparagraph (A) shall be permanently
ineligible to be a registered employer.
``(4) Term of registration.--The Secretary may approve an
application only for a term, beginning on the date of approval,
and ending on the later of--
``(A) the date that is 3 years thereafter; or
``(B) the date that is 3 months after the date on
which the employer has no registered positions.
``(5) Renewal.--
``(A) In general.--An employer may submit an
application to renew the employer's status as a
registered employer for additional periods under
paragraph (4).
``(B) Attestation.--An application for renewal
under subparagraph (A) shall include an attestation
described in paragraph (7)(A).
``(6) Fee.--At the time an employer's application to be a
registered employer is approved, such employer shall pay a fee
of $500, and shall pay such fee every 3 years thereafter while
the employer remains a registered employer.
``(7) Continued eligibility.--
``(A) Attestation.--Each registered employer shall
attest to the Secretary each year--
``(i) that the registered employer has
provided the wages and working conditions the
registered employer agreed to provide to its H-
2C nonimmigrant employees under paragraph
(5)(B);
``(ii) that the registered employer remains
a bona-fide employer operating in a full
employment area; and
``(iii) to the number of H-2C nonimmigrants
the employer employed the prior year.
``(B) No longer a full employment area.--An
employer is ineligible to file an application for a new
permit or to renew an existing permit if the
unemployment rate in the county or metropolitan
statistical area where the business said employer
operates rises so that the area is no longer designated
as a full employment area.
``(8) Notice of failure of h-2c nonimmigrant to appear.--
An employer shall inform the Secretary if an H-2C nonimmigrant
does not appear for employment with the employer during the
time period specified in subsection (d)(6)(A)(i).
``(f) Registered Positions.--
``(1) In general.--
``(A) Application.--Each employer may submit with
an application or renewal under subsection (e) for
adjudication to the Secretary an application to
designate a registered position for which the employer
is seeking to hire an H-2C nonimmigrant at any time
during the year without regard to the date the employer
needs each position to be filled.
``(B) Sunset.--No employer application shall be
approved for a registered position after the date which
is 10 years after the date of promulgation of final
regulations pursuant to enactment of this Act.
``(C) Attestation.--An application submitted under
subparagraph (A) shall include a general description of
each such position and an attestation to each of the
following:
``(i) The number of full-time equivalent
employees of the employer.
``(ii) The occupational category, as
classified by the Bureau of Labor Statistics,
for which each registered position is sought.
``(iii) That the wages to be paid to H-2C
nonimmigrants employed by the employer in each
registered position will be the greater of--
``(I) the actual wage level paid by
the employer to other employees with
similar experience and qualifications
for such position in the same location;
or
``(II) the prevailing wage level
for the occupational classification of
the position in the metropolitan
statistical area of the employment,
based on the best information available
as of the time of filing the
application.
``(iv) That the employer has carried out
the recruiting activities required by paragraph
(2)(B).
``(v) That, subject to subparagraphs (B)
and (C) of paragraph (2)--
``(I) there is no equally or better
qualified United States worker who has
applied for the position and who is
ready, willing, and able to fill such
position; or
``(II) such position qualifies as
an enduring job opening.
``(vi) That there is not a strike, lockout,
or work stoppage in the course of a labor
dispute in the occupation at the place of
employment at which the H-2C nonimmigrant will
be employed. If such strike, lockout, or work
stoppage occurs following submission of the
application, the employer will provide
notification in accordance with all applicable
regulations.
``(vii)(I) The employer has not laid off
and will not lay off a United States worker
during the period beginning 45 days prior to
and ending 45 days after the date the employer
files an application for designation of a
position for which the H-2C nonimmigrant is
sought or hires such H-2C nonimmigrant, unless
the employer has made a reasonable effort to
contact and offer such United States worker the
position, or documented the legitimate reasons
that such United States worker is not qualified
or available for the position.
``(II) A United States worker is not laid
off for purposes of this clause if--
``(aa) at the time such worker's
employment is terminated, such worker
is not employed in the same occupation
and in the same metropolitan
statistical area where the registered
position is located. A United States
worker is not laid off for purposes of
this clause if, in the 45 calendar days
before the hiring of an H-2C
nonimmigrant, the employer adds another
United States worker so that the total
number of United States workers
employed by such employer in the same
occupation as such H-2C nonimmigrant
and in the same metropolitan
statistical area where the registered
position is located has not decreased;
or
``(bb) in the 45 calendar days
after the hiring of an H-2C
nonimmigrant, the employer adds another
United States worker within 5 business
days after laying off a United States
worker so that the total number of
United States workers employed by such
employer in the same occupation as such
H-2C nonimmigrant and in the same
metropolitan statistical area where the
registered position is located has not
decreased.
``(D) Definitions.--
``(i) Best information available.--In
subparagraph (C)(iii)(II), the term `best
information available', with respect to
determining the prevailing wage for a position,
means--
``(I) a controlling collective
bargaining agreement, to which the
employer is a signatory and which sets
wages for work performed by H-2C
nonimmigrants;
``(II) if there is no controlling
collective bargaining agreement as set
forth in subclause (I), the local,
State, or Federal prevailing wage laws
or ordinances, for any time period
during which the H-2C nonimmigrant
performs work on a project for which
payment of such wages is required by
such laws or ordinances, and the
employer has signed a contract agreeing
to pay such wages on that project; or
``(III) if there is no controlling
collective bargaining agreement as set
forth in subclause (I) and the H-2C
nonimmigrant is not performing work on
a project governed by a prevailing wage
law or ordinance as set forth in
subclause (II)--
``(aa) the wage level
commensurate with the
experience, training, and
supervision required for the
job based on Bureau of Labor
Statistics data; or
``(bb) a legitimate private
wage survey of the wages paid
for such positions in the
metropolitan statistical area.
``(ii) Legitimate private wage survey.--In
this paragraph, the term `legitimate private
wage survey' means, in the case of an
application under subparagraph (A), a survey of
wages by an entity other than the Federal
Government--
``(I) for which the data has been
collected during the 2-year period
immediately preceding the date of the
application;
``(II) that, if a published survey,
has been published during the 2-year
period immediately preceding the date
of the application;
``(III) that is of the industry or
occupation of intended employment;
``(IV) in which the employer job
description is similar to the survey
job description;
``(V) that is across industries
that employ workers in the occupation;
``(VI) for which the wage
determination is based on a weighted or
straight average of the relevant wages,
or another valid measure of central
tendency determined by the Secretary of
Labor of relevant wage levels; and
``(VII) that identifies a
statistically valid methodology that
was used to collect the data.
``(E) Permit.--The Secretary shall provide each
registered employer whose application submitted under
subparagraph (A) is approved with a permit that
includes the number and description of such employer's
approved registered positions at the time of such
approval.
``(F) Registry of registered positions.--
``(i) Maintenance of registry.--The
Secretary shall develop and maintain a registry
of registered positions.
``(ii) Availability on website.--Such
registry shall be accessible on a website
maintained by the Secretary.
``(iii) Availability on state workforce
agency websites.--Each workforce agency of each
State shall be linked to such registry.
``(iv) Conditions of availability on
website.--
``(I) Registered positions.--Each
registered position shall be included
in the registry of registered positions
maintained by the Secretary and shall
remain available for viewing on such
registry throughout the period of
approval under paragraph (5).
``(II) Availability and
eligibility.--The Secretary shall
ensure that the registry indicates
whether each registered position in the
registry is filled or unfilled.
``(2) Requirements.--
``(A) Eligible occupation.--Each registered
position shall be for a position in an eligible
occupation as described in paragraph (3).
``(B) Recruitment of united states workers.--
``(i) Requirements.--A position may not be
a registered position unless the registered
employer--
``(I) advertises the position for a
period of 30 days, including the wage
range, location or locations, and
proposed start date--
``(aa) on the Internet
website maintained by the
Secretary of Labor for the
purpose of such advertising;
and
``(bb) with the workforce
agency of the State where the
position will be located; and
``(II) except as provided for in
subsection (g)(4)(A)(ii), carries out
not less than 3 of the recruiting
activities described in subparagraph
(C).
``(ii) Duration of advertising.--The 30-day
periods required by items (aa) and (bb) of
clause (i)(I) may occur at the same time.
``(C) Recruiting activities.--Recruiting activities
described in this subparagraph shall take place no
earlier than 60 days before an employer files an
application for a permit to hire an H-2C nonimmigrant
and may be concurrent with the requirements of
subsection (f)(2)(B). A recruiting activity is any of
the following:
``(i) Advertising such position at a job
fair.
``(ii) Advertising such position on the
employer's external website.
``(iii) Advertising such position on a job
search Internet website.
``(iv) Advertising such position using a
presentation or posting at a vocational school,
career technical school, community college,
high school, or other educational or training
site.
``(v) Posting such position with a trade
association.
``(vi) Utilizing a search firm to seek
applicants for such position.
``(vii) Advertising such position through a
recruitment program with a placement office at
a vocational school, career technical school,
community college, high school, or other
educational or training site.
``(viii) Advertising such position with a
local library, journal, or newspaper.
``(ix) Seeking a candidate for such
position through an employee referral program
with incentives.
``(x) Advertising such position on radio or
television.
``(xi) Advertising such position through an
advertising, posting, or presentation with a
newspaper, Internet website, job fair, or
community event targeted to constituencies
designed to increase employee diversity.
``(xii) Advertising such position through a
career day presentation at a local high school
or community organization.
``(xiii) Providing in-house training for
such position.
``(xiv) Providing third-party training for
such position.
``(xv) Advertising such position through
recruitment, educational, or other cooperative
programs offered by the employer and a local
economic development authority.
``(xvi) Advertising such position twice in
a Sunday edition in a primary daily circulation
newspaper.
``(3) Eligible occupation.--
``(A) In general.--An occupation is an eligible
occupation if the occupation--
``(i) is a zone 1 occupation, a zone 2
occupation, or zone 3 occupation; and
``(ii) is not an excluded occupation under
subparagraph (B).
``(B) Occupations requiring college degrees.--An
occupation that is listed in the Occupational Outlook
Handbook published by the Bureau of Labor Statistics
(or similar successor publication) that is classified
as requiring an individual with a bachelor's degree or
higher level of education may not be an eligible
occupation.
``(C) Publication.--The Secretary of Labor shall
publicize the eligible occupations, designated as zone
1 occupations, zone 2 occupations, or zone 3
occupations, on an ongoing basis on a publicly
available Internet website.
``(4) Filling of vacancies.--If an H-2C nonimmigrant
terminates employment in a registered position or is terminated
from such employment by the registered employer, such employer
may fill that vacancy by hiring an H-2C nonimmigrant other than
an initial H-2C nonimmigrant.
``(5) Period of approval.--
``(A) In general.--Except as provided in
subparagraph (B), a registered position shall be
approved by the Secretary for a period that begins on
the date of such approval and ends on the earliest of--
``(i) the date the employer's status as a
registered employer is terminated;
``(ii) 3 years after the date of such
approval;
``(iii) 240 days after the date of such
approval if such position has not been filled
by an H-2C nonimmigrant at any point during
such time; or
``(iv) upon termination of the registered
position by the employer.
``(B) Renewal.--
``(i) In general.--An approval under
subparagraph (A) shall be renewed at the
request of the registered employer as provided
in this subparagraph if such registered
employer fulfills the requirements of
paragraphs (1)(C) and (2).
``(ii) First 4 years.--An approval granted
during the period beginning on the date that
final regulations to carry out the Willing
Workers and Willing Employers Act of 2016 are
published and ending on the day before the date
that is 5 years after such date may be renewed
for not more than 2 additional periods.
``(iii) Years 5 through 8.--An approval
granted during the period beginning on the date
that is 5 years after the date final
regulations to carry out the Willing Workers
and Willing Employers Act of 2016 are published
and ending on the day before the date that is 9
years after such date may be renewed for 1
additional period.
``(iv) Subsequent approvals.--An approval
granted after the date that is 9 years after
the date final regulations to carry out the
Willing Workers and Willing Employers Act of
2016 are published may not be renewed.
``(C) Renewing employer exemption.--Renewals of
registered positions by employers shall not be counted
toward the limits established under paragraph (1)(A) or
(2)(D) of subsection (g) or counted for the purposes of
a numerical limitation under subparagraph (B) or (C) of
subsection (g)(2).
``(D) Secretary authority to terminate registered
position.--The Secretary shall terminate a registered
position if the Secretary determines--
``(i) that an employer has purposefully
allowed a registered position to be used for an
alien to gain admission to the United States as
an H-2C nonimmigrant with no intention of such
alien working for such registered employer; or
``(ii) that there exists a pattern and
practice of initial H-2C nonimmigrants failing
to report in accordance with the time period
specified in subsection (d)(6)(A)(i).
``(6) Fees.--
``(A) Registration fee.--
``(i) In general.--At the time an
application to register a position is approved
and after each renewal of such position, each
registered employer shall pay a fee in an
amount determined by the Secretary.
``(ii) Use of fee.--Except as otherwise
provided in this section, a fee collected under
clause (i) shall be used to fund any action to
carry out this section, except for subsection
(r) and subsection (q)(2).
``(B) Prohibition on other fees.--A registered
employer may not be required to pay an additional fee
other than any fees specified in this Act.
``(7) Initial review of applications.--
``(A) In general.--For applications filed and
considered under paragraph (1)--
``(i) unless the Secretary determines that
the application is incomplete, facially
invalid, or obviously inaccurate, the
Secretary, not later than 10 business days
after the date on which such application was
filed, shall either approve or reject the
application and provide the applicant with
notice of such action by means ensuring same or
next day delivery; and
``(ii) if the Secretary determines that the
application is incomplete, facially invalid, or
obviously inaccurate, the Secretary shall--
``(I) not later than 10 business
days after the date on which such
application was filed, notify the
applicant of the deficiencies to be
corrected by means ensuring same or
next day delivery; and
``(II) not later than 10 business
days after receipt of the corrected
application, approve or deny the
application and provide the applicant
with notice of such action by means
ensuring same or next day delivery.
``(B) Premium processing.--The Secretary shall
establish a process for expedited processing of
applications under this section, subject to the payment
of an additional fee, as determined by the Secretary.
``(C) Fee reduction.--The Secretary shall reduce
the registration fee under paragraph (6) by 5 percent
for each day the application is delayed beyond the
required review periods under subparagraph (A).
``(8) Expedited review.--Not later than 1 year after the
date of enactment of the Willing Workers and Willing Employers
Act of 2016, the Secretary shall promulgate regulations to
provide for an expedited procedure for the review of a denial
of an application under this section by the Secretary.
``(g) Numerical Limitation.--
``(1) Registered positions.--Subject to paragraphs (3),
(4), and (5), the maximum number of registered positions that
may be approved by the Secretary for a fiscal year is as
follows:
``(A) For the first full fiscal year after the
effective date of the Willing Workers and Willing
Employers Act of 2016 that aliens are admitted as H-2C
nonimmigrants, 65,000.
``(B) For each fiscal year after that first fiscal
year, the level calculated for that fiscal year under
paragraph (2).
``(2) Subsequent fiscal years.--
``(A) Definition of current fiscal year and
preceding fiscal year.--In this paragraph:
``(i) Current fiscal year.--The term
`current fiscal year' means the fiscal year for
which the calculation of the numerical limits
under this paragraph is being performed.
``(ii) Preceding fiscal year.--The term
`preceding fiscal year' means the fiscal year
immediately preceding the current fiscal year.
``(B) Numerical limitation.--Subject to
subparagraph (D), the maximum number of registered
positions that may be approved by the Secretary for a
fiscal year after the first fiscal year referred to in
paragraph (1)(A) shall be equal to--
``(i) 65,000 for the first fiscal year in
which the program is implemented;
``(ii) in any subsequent fiscal year--
``(I) if the total number of
registered positions allocated for that
fiscal year are allotted within the
first quarter of that fiscal year, then
an additional 20 percent of the
allocated number shall be made
available immediately and the allocated
amount for the following fiscal year
shall increase by 20 percent of the
original allocated amount in the prior
fiscal year;
``(II) if the total number of
registered positions allocated for that
fiscal year are allotted within the
second quarter of that fiscal year,
then an additional 15 percent of the
allocated number shall be made
available immediately and the allocated
amount for the following fiscal year
shall increase by 15 percent of the
original allocated amount in the prior
fiscal year;
``(III) if the total number of
registered positions allocated for that
fiscal year are allotted within the
third quarter of that fiscal year, then
an additional 10 percent of the
allocated number shall be made
available immediately and the allocated
amount for the following fiscal year
shall increase by 10 percent of the
original allocated amount in the prior
fiscal year;
``(IV) if the total number of
registered positions allocated for that
fiscal year are allotted within the
last quarter of that fiscal year, then
the allocated amount for the following
fiscal year shall increase by 10
percent of the original allocated
amount in the prior fiscal year; and
``(V) with the exception of the
first subsequent fiscal year to the
fiscal year in which the program is
implemented, if fewer registered
positions were allotted the previous
fiscal year than the number of
registered positions allocated for that
year and the reason was not due to
processing delays or delays in
promulgating regulations, then the
allocated amount for the following
fiscal year shall decrease by 10
percent of the allocated amount in the
prior fiscal year.
``(C) Minimum and maximum levels.--Notwithstanding
the number of registered positions calculated under
subparagraph (B), the number of registered positions
made available for a fiscal year under this paragraph
may not be less than 45,000 or more than 85,000.
``(D) Subsequent allocations.--
``(i) In general.--Subject to the
limitations under subparagraph (C)--
``(I) the maximum number of
registered positions available for the
current fiscal year calculated under
subparagraph (B) may be increased for
the 6-month period beginning on the
first day of the current fiscal year by
5 percent of the maximum number of
registered positions allocated for that
6-month period under subsection (i)(1),
if all such allocated registered
positions have been approved prior to
the 6th month of that 6-month period;
and
``(II) the maximum number of
registered positions available for the
current fiscal year calculated under
subparagraph (B) may be increased for
the 6-month period ending on the last
day of the current fiscal year by 5
percent of the maximum number of
registered positions allocated for that
6-month period under subsection (i)(2),
if all such allocated registered
positions have been approved prior to
the 6th month of that 6-month period.
``(ii) Lottery allocation.--Additional
registered positions made available under
clause (i) during a 6-month period shall be
allocated 3 weeks prior to the last day of that
6-month period by lottery among registered
employers that submit applications in
accordance with this section for such
positions.
``(3) Special allocations of registered positions.--
``(A) Authority to make available.--In addition to
the number of registered positions made available for a
fiscal year under paragraphs (1) and (3), the Secretary
shall make additional registered positions available,
up to the maximum number of registered positions
specified in paragraph (3)(C), for the fiscal year for
a specific registered employer as described in this
paragraph, if--
``(i)(I) the maximum number of registered
positions available under paragraph (2)(B) have
been approved for the fiscal year and none
remain available for allocation; or
``(II) such registered employer is located
in a full employment area;
``(ii) such registered employer has paid a
scarcity recruitment fee; or
``(iii) in the case of registered employers
with 50 or fewer employees, such registered
employer has carried out not less than 7 of the
recruiting activities described in subsection
(f)(2)(C) and posts the position, including the
wage range, location, and initial date of
employment, for not less than 30 days--
``(I) on the Internet website
maintained by the Secretary of Labor
for the purpose of such advertising;
and
``(II) with the workforce agency of
the State where the position will be
located.
``(B) Recruitment.--
``(i) Limitation for initial h-2c
nonimmigrants.--Except as provided in clause
(ii), an initial H-2C nonimmigrant may only
enter the United States for initial employment
pursuant to a special allocation under this
paragraph if the registered employer has
carried out at least 7 of the recruiting
activities described in subsection (f)(2)(C) or
has paid a scarcity recruitment fee.
``(ii) Exception.--A registered employer
may register a position pursuant to a special
allocation under this paragraph by conducting
at least 3 of the recruiting activities
described in subsection (f)(2)(C), however a
position registered pursuant to this clause may
not be filled by an initial H-2C nonimmigrant.
``(iii) Advertising the position.--
``(I) Requirement.--Any registered
employer registering any position under
the special allocation authority shall
post the position, including the wage
range, location or locations, and
initial date of employment, for not
less than 30 days--
``(aa) on the Internet
website maintained by the
Secretary of Labor for the
purpose of such advertising;
and
``(bb) with the workforce
agency of the State where the
position will be located.
``(II) Timing.--The 30-day periods
required by items (aa) and (bb) of
subclause (I) may occur at the same
time.
``(4) Unfilled positions.--If an H-2C nonimmigrant has not
been employed in a registered position during any portion of
the 240-day period after the date of the approval of the
position, the registered position shall be terminated and added
to the number of positions made available for the next 6-month
allocation period under paragraph (1) or (2) of subsection (j).
``(h) Federal Public Benefits.--
``(1) In general.--H-2C nonimmigrants--
``(A) are not entitled to the premium assistance
tax credit authorized under section 36B of the Internal
Revenue Code of 1986;
``(B) shall be subject to the rules applicable to
individuals who are not lawfully present as set forth
in subsection (e) of such section; and
``(C) shall not be allowed any credit under section
24 or 32 of the Internal Revenue Code of 1986, and, in
the case of a joint return, no credit shall be allowed
under either such section if both spouses are H-2C
nonimmigrants.
``(2) Employer fee.--For purposes of subsections (a)(2),
(b)(1)(B), and (c)(2)(A) of section 4980H of the Internal
Revenue Code of 1986, the H-2C nonimmigrant shall be treated as
a full-time employee certified as having enrolled in a
qualified health plan with respect to which an applicable
premium tax credit or cost-sharing reduction is allowed or paid
with respect to the employee.
``(i) Allocation of Registered Positions.--
``(1) In general.--
``(A) First 6-month period.--The number of
registered positions available under paragraph (2) of
subsection (g) (except those made available under
subparagraph (E) of such paragraph) for the 6-month
period beginning on the first day of a year is 50
percent of the maximum number of registered positions
available for such year under paragraph (1)(A)(i) or
(2)(B) of subsection (g). Such registered positions
shall be allocated as described in this subsection.
``(B) Second 6-month period.--The number of
registered positions available under paragraph (2) of
subsection (g) (except those made available under
subparagraph (E) of such paragraph) for the 6-month
period ending on the last day of a year is the maximum
number of registered positions available for such year
under paragraph (1)(A)(i) or (2)(B) of subsection (g)
minus the number of registered positions approved
during the 6-month period referred to in subsection
(A). Such registered positions shall be allocated as
described in this subsection.
``(2) Small businesses.--
``(A) In general.--The Secretary shall reserve not
less than one quarter of the number of registered
positions initially allocated for each 6-month period
under subsection (g)(2)(B) only for a registered
employer that is a small business unless--
``(i) any such registered positions are not
approved in the first 4 months of each 6-month
period; or
``(ii) less than one quarter of the
registered positions initially allocated for
the 6-month period remain available after the
first month.
``(B) Condition met.--If a condition referred to in
clause (i) or (ii) of subparagraph (A) is met, any
remaining registered positions shall be available for
any registered employer.
``(j) Portability.--
``(1) Nonimmigrant portability.--An H-2C nonimmigrant who
is employed in a registered position may--
``(A) be employed at any worksite if the registered
employer advertised such location under subsection
(f)(2)(B)(i)(I) or (g)(3)(B)(iii);
``(B) terminate such employment at any time, for
any reason; and
``(C) seek and accept employment with another
registered employer in any other registered position
within the terms and conditions of the H-2C
nonimmigrant visa.
``(2) Employer portability.--A registered employer who
employs an H-2C nonimmigrant may--
``(A) employ such nonimmigrant at any worksite if
the registered employer advertised such location under
subsection (f)(2)(B)(i)(I) or (g)(3)(B)(iii);
``(B) terminate such employment at any time for any
reason if such reason is lawful for United States
workers; and
``(C) seek and hire another H-2C nonimmigrant in
accordance with subsection (f)(4).
``(3) At-will employment.--Notwithstanding any other
provision of law, employment pursuant to this section shall be
considered at-will unless specified by a contract agreed to by
the H-2C nonimmigrant and the registered employer.
``(k) Promotion.--A registered employer may promote an H-2C
nonimmigrant if the H-2C nonimmigrant has been employed with that
employer for a period of not less than 12 months. Such a promotion
shall not increase the total number of registered positions available
to that employer.
``(l) Assessing the Impact of the H-2C Program.--
``(1) Study.--The Director of the Bureau of the Census,
jointly with the Secretary, the Secretary of Energy, the
Secretary of Health and Human Services, the Secretary of
Housing and Urban Development, the Secretary of the Interior,
the Secretary of Labor, the Secretary of Transportation, the
Secretary of the Treasury, and the Attorney General, shall
undertake a study examining the impacts of this section as well
as a possible future permanent H-2C program on the
infrastructure of, and quality of life in, the participating
metropolitan statistical areas and counties.
``(2) Report.--Not later than 3 years after the date of the
enactment of the Willing Workers and Willing Employers Act of
2016, the Director of the Bureau of the Census shall submit to
Congress a report on the findings of the study required by
paragraph (1), including the following information:
``(A) An estimate of legal and illegal immigrants
in participating counties and metropolitan statistical
areas, the estimated change in those populations since
commencement of the program, and the estimated change
to the number of United States workers in such counties
and metropolitan statistical areas.
``(B) The impact of H-2C nonimmigrants on
employment and wage rates for United States workers in
State labor markets affected by worker inflows into the
full employment areas where the program operates. The
study should pay particular attention to the industries
and services in which H-2C nonimmigrants are
concentrated. It should take into consideration
equilibrating labor flows in and out of said full
employment areas, and it should consider associated
costs and benefits, including those related to public
services, infrastructure maintenance, business
startups, investment, and overall economic activity.
``(C) The impact of H-2C nonimmigrants on home
ownership rates, housing prices, and the demand for
low-income and subsidized housing in participating
counties and metropolitan statistical areas and the
public expenditures required to maintain current median
standards in these areas and the degree to which those
standards will deteriorate if such expenditures are not
forthcoming.
``(D) The impact of H-2C nonimmigrants on access to
quality health care in participating counties and
metropolitan statistical areas, on the cost of health
care and health insurance, and an estimate of the
public expenditures required to maintain current median
standards and the degree to which those standards will
deteriorate if such expenditures are not forthcoming.
``(E) The impact of H-2C nonimmigrants on the
criminal justice system in participating counties and
metropolitan statistical areas, and an estimate of
associated public costs.
``(F) The impact of permitting non-seasonal low
skilled workers that currently do not qualify for H-2C
nonimmigrant status to qualify for H-2C nonimmigrant
status or of creating a new program to provide
nonimmigrant status for such non-seasonal low skilled
workers, including--
``(i) any impact on United States workers;
``(ii) any impact on employers that are
utilizing H-2C nonimmigrants;
``(iii) any impact on employers that do not
qualify to employ H-2C nonimmigrants; and
``(iv) any impact on H-2C nonimmigrants.
``(m) H-2C Nonimmigrant Protections.--
``(1) Waiver of rights prohibited.--
``(A) In general.--An H-2C nonimmigrant may not be
required to waive any substantive rights or protections
under this Act.
``(B) Construction.--Nothing in this paragraph may
be construed to affect the interpretation of any other
law.
``(2) Prohibition on treatment as independent
contractors.--
``(A) In general.--Notwithstanding any other
provision of law--
``(i) an H-2C nonimmigrant is prohibited
from being treated as an independent contractor
under any Federal or State law; and
``(ii) no person, including any employer,
labor contractor, or any person who is
affiliated with or contracts with an employer
or labor contractor, may treat an H-2C
nonimmigrant as an independent contractor.
``(B) Construction.--Subparagraph (A) may not be
construed to prevent registered employers who operate
as independent contractors from employing H-2C
nonimmigrants.
``(3) Payment of fees.--
``(A) In general.--A fee related to the hiring of
an H-2C nonimmigrant required to be paid by an employer
under this Act shall be paid by the employer and may
not be deducted from the wages or other compensation
paid to an H-2C nonimmigrant.
``(B) Excluded costs.--Notwithstanding any other
provision of law, an employer may choose not to pay the
cost of housing in the United States or transportation
from an H-2C nonimmigrant's home to the location of a
registered position and the cost of obtaining a foreign
passport.
``(4) Tax responsibilities.--An employer shall comply with
all applicable Federal, State, and local tax laws with respect
to each H-2C nonimmigrant employed by the employer.
``(5) Whistleblower protection.--It shall be unlawful for
an employer of an H-2C nonimmigrant to intimidate, threaten,
restrain, coerce, retaliate, discharge, or in any other manner
discriminate against an employee or former employee because the
employee or former employee--
``(A) discloses information to the employer or any
other person that the employee or former employee
reasonably believes that the employer or other person
has committed a violation of this section; or
``(B) cooperates or seeks to cooperate in an
investigation or other proceeding concerning compliance
with the requirements of this section.
``(n) Enforcement.--
``(1) Complaint process.--The Secretary shall, by rule,
establish a process for the receipt, investigation, and
disposition of complaints by an aggrieved employee, applicant,
or H-2C nonimmigrant respecting a violation of this section.
``(2) Filing deadline.--No investigation or hearing shall
be conducted on a complaint concerning a violation under this
section unless the complaint was filed not later than 3 months
after the date of such violation.
``(3) Reasonable basis.--The Secretary shall conduct an
investigation under this subsection if there is reasonable
basis to believe that a violation of this section has occurred.
The process established under this subsection shall provide
that, not later than 30 days after a complaint is filed, the
Secretary shall determine if there is reasonable cause to find
such a violation.
``(4) Notice and hearing.--
``(A) In general.--Not later than 30 days after the
Secretary finds a reasonable basis under paragraph (3),
the Secretary shall issue a notice to the interested
parties and offer an opportunity for a hearing on the
complaint, in accordance with section 556 of title 5,
United States Code.
``(B) Hearing deadline.--Not later than 60 days
after the date of a hearing under this paragraph, the
Secretary shall make a finding on the matter.
``(5) Attorney's fees.--
``(A) Award.--A complainant who prevails in an
action under this subsection with respect to a claim
related to wages or compensation for employment shall
be entitled to an award of reasonable attorney's fees
and costs.
``(B) Frivolous complaints.--A complainant who
files a frivolous complaint under this subsection shall
be liable for the reasonable attorney's fees and costs
of the person named in the complaint.
``(6) Power of the secretary.--The Secretary may bring an
action in any court of competent jurisdiction--
``(A) to seek remedial action, including injunctive
relief;
``(B) to recover the damages described in
subsection (o)(2); or
``(C) to ensure compliance with terms and
conditions described in subsection (m)(5).
``(7) Other rights of employees.--The rights and remedies
provided to H-2C nonimmigrants under this section are in
addition to any other contractual or statutory rights and
remedies of the workers, and are not intended to alter or
affect such rights and remedies.
``(8) Compliance.--De minimis variations from the
registered position's duties described in the application and
related materials or from the position's general description
provided in the attestation or the advertising requirements
pursuant to subsection (f), including de minimis work or work
incidental to the job, shall be permitted and not be cause for
complaint, referral, investigation, audit, or penalties.
``(o) Penalties.--
``(1) In general.--If, after notice and an opportunity for
a hearing, the Secretary finds a violation of this section, the
Secretary may impose administrative remedies and penalties,
including requiring the payment of--
``(A) back wages; and
``(B) benefits.
``(2) Civil penalties.--The Secretary may bring an action
for a civil monetary penalty--
``(A) for a violation of this section--
``(i) in an amount not more than $3,000 for
the first violation and $4,000 per violation
for each subsequent violation; or
``(ii) if the violation was committed
knowingly, a fine in an amount not more than
$5,000 per violation;
``(B) for intentionally failing to comply with the
protections of United States workers required under
this section or with the protection of whistleblowers
under subsection (m)(5), a fine in an amount not more
than $25,000 per violation; or
``(C) for knowingly failing to materially comply
with the terms of other representations made in
petitions, applications, certifications, or
attestations under this section--
``(i) a fine in an amount not more than
$4,000 per violation; and
``(ii) upon the occasion of a third offense
of failure to comply with representations, a
fine in an amount not to exceed $5,000 per
violation and designation as an ineligible
employer, pursuant to subsection (e)(3)(B)(i).
``(3) Criminal penalty.--Any H-2C nonimmigrant who
intentionally fails to report to a registered position in the
time period specified in subsection (d)(6)(A)(i) or a
registered employer who knowingly facilitates an H-2C
nonimmigrant to intentionally fail to report in the time period
specified above shall--
``(A) for a first offense, be fined in accordance
with title 18, United States Code, in an amount up to
$5,000, or imprisoned for not more than 90 days; and
``(B) for each subsequent offense, be fined in
accordance with title 18, United States Code, in an
amount up to $10,000, or imprisoned for not more than 1
year, or both.
``(p) Monitoring.--
``(1) Electronic monitoring system.--
``(A) Requirement for system.--The Secretary,
through U.S. Citizenship and Immigration Services,
shall implement an electronic monitoring system to
monitor the presence and employment of H-2C
nonimmigrants, including a requirement that registered
employers update the system when H-2C nonimmigrants
start and end employment in registered positions. The
system shall be operational not later than 6 months
following the date of the publication of the final
regulations to carry out this section.
``(B) Relationship to sevis.--Such system shall be
modeled on the Student and Exchange Visitor Information
System (SEVIS) and SEVIS II tracking system of U.S.
Immigration and Customs Enforcement.
``(C) Interaction with registry.--Such system shall
interact with the registry referred to in subsection
(f)(1)(F) to ensure that the Secretary designates and
updates approved registered positions as being filled
or unfilled.
``(D) Employer.--The employer shall notify such
system after offering employment to an H-2C
nonimmigrant.
``(E) Access for secretary of state.--The Secretary
of State shall have access to such system to verify an
alien's offer of employment with a registered employer
prior to admission as an H-2C nonimmigrant.
``(2) Mandatory e-verify use.--No registered employer may
employ an H-2C nonimmigrant 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. Any
such system--
``(A) shall respond to inquiries made by registered
employers by providing an employee's employment
eligibility; and
``(B) shall not be used, subject to a civil
monetary penalty determined by the Secretary by rule--
``(i) by any department, bureau, or other
agency of the United States Government, any
other public or private entity, or any
individual to monitor the movement of United
States workers; or
``(ii) for inquiries related to a United
States worker other than--
``(I) to provide such worker's
eligibility for employment in the
United States; or
``(II) to ensure secure,
appropriate, and nondiscriminatory use
of such system, notwithstanding any
other provision of law.
``(q) Requirement To Comply With Biometric Entry and Exit System.--
Any alien entering the United States or present in the United States on
a visa issued under section 101(a)(15)(H)(ii)(c) shall comply with the
requirements of the entry and exit data system required by section 7208
of the Intelligence Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1365b), including the biometric identification requirements,
after such requirements are implemented.
``(r) Rulemaking.--Not later than 1 year after the date of the
enactment of the Willing Workers and Willing Employers Act of 2016, the
Secretary shall, by rule, provide for a means by which any renewal,
attestation, or application filed pursuant to this section may be made
electronically.''.
(2) Table of contents amendment.--The table of contents in
the first section of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by adding after the item
relating to section 219 the following:
``Sec. 219A. Admission of H-2C nonimmigrant workers.''.
(b) Intention To Abandon Foreign Residence.--Section 214(h) of the
Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by
inserting ``(H)(ii)(d),'' after ``(H)(i)(b) or (c),''.
(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 the
Secretary of State shall not issue a visa under clause (ii)(d) to a
spouse or child seeking to enter into the United States under such
clause unless such spouse has received an offer of employment by a
registered employer as defined in section 219A;''.
<all>