S.744 Immigration bill - Sec. 2232: ESTABLISHMENT OF NONIMMIGRANT AGRICULTURAL WORKER PROGRAM
- (a) In General- Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 211 et seq.) is amended by adding at the
end the following:
`SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PROGRAM.
- `(a) Definitions- In this section and in section 101(a)(15)(W):
- `(1) AGRICULTURAL EMPLOYMENT- The term `agricultural employment'--
- `(A) subject to subparagraph (B) has the meaning
given such term in section 3 of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1802), without regard to whether the
specific service or activity is temporary or seasonal; and
- `(B) includes farming in all its branches, the
cultivation and tillage of the soil, dairying, the production,
cultivation, growing, and harvesting of any agricultural or
horticultural commodities, the raising of livestock, bees, fur-bearing
animals, or poultry, and any practices (including any forestry or
lumbering operations) performed by a farmer or on a farm as an incident
to, or in conjunction with, such farming operations, including
preparation for market, delivery to storage or to market or to carriers
for transportation to market.
- `(2) AT-WILL AGRICULTURAL WORKER- The term `at-will
agricultural worker' means an alien present in the United States
pursuant to section 101(a)(15)(W)(iv).
- `(3) BLUE CARD- The term `blue card' means an
employment authorization and travel document issued to an alien granted
blue card status under section 2211(a) of the Agricultural Job
Opportunities, Benefits, and Security Act of 2013.
- `(4) CONTRACT AGRICULTURAL WORKER- The term `contract
agricultural worker' means an alien present in the United States
pursuant to section 101(a)(15)(W)(iii).
- `(5) DESIGNATED AGRICULTURAL EMPLOYER- The term
`designated agricultural employer' means an employer who is registered
with the Secretary of Agriculture pursuant to subsection (e)(1).
- `(6) ELECTRONIC JOB REGISTRY- The term `Electronic Job
Registry' means the Electronic Job Registry of a State workforce agency
(or similar successor registry).
- `(7) EMPLOYER- Except as otherwise provided, the term
`employer' means any person or entity, including any farm labor
contractor and any agricultural association, that employs workers in
agricultural employment.
- `(8) NONIMMIGRANT AGRICULTURAL WORKER- The term
`nonimmigrant agricultural worker' mean a nonimmigrant described in
clause (iii) or (iv) of section 101(a)(15)(W).
- `(9) PROGRAM- The term `Program' means the Nonimmigrant Agricultural Worker Program established under subsection (b).
- `(10) SECRETARY- Except as otherwise specifically provided, the term `Secretary' means the Secretary of Agriculture.
- `(11) UNITED STATES WORKER- The term `United States worker' means an individual who--
- `(A) is a national of the United States; or
- `(B) is an alien who--
- `(i) is lawfully admitted for permanent residence;
- `(ii) is admitted as a refugee under section 207;
- `(iii) is granted asylum under section 208;
- `(iv) holds an blue card; or
- `(v) is an immigrant otherwise authorized by
this Act or by the Secretary of Homeland Security to be employed in the
United States.
- `(b) Requirements-
- `(1) EMPLOYER- An employer may not employ an alien for
agricultural employment under the Program unless such employer is a
designated agricultural employer and complies with the terms of this
section.
- `(2) WORKER- An alien may not be employed for
agricultural employment under the Program unless such alien is a
nonimmigrant agricultural worker and complies with the terms of this
section.
- `(c) Numerical Limitation-
- `(1) FIRST 5 YEARS OF PROGRAM-
- `(A) IN GENERAL- Subject to paragraph (2), the
worldwide level of visas for nonimmigrant agricultural workers for the
fiscal year during which the first visa is issued to a nonimmigrant
agricultural worker and for each of the following 4 fiscal years shall
be equal to--
- `(i) 112,333; and
- `(ii) the numerical adjustment made by the Secretary for such fiscal year in accordance with paragraph (2).
- `(B) QUARTERLY ALLOCATION- The annual allocation of
visas described in subparagraph (A) shall be evenly allocated between
the 4 quarters of the fiscal year unless the Secretary determines that
an alternative allocation would better accommodate the seasonal demand
for visas. Any unused visas in a quarter shall be added to the
allocation for the subsequent quarter of the same fiscal year.
- `(C) EFFECT OF 2ND OR SUBSEQUENT DESIGNATED
AGRICULTURAL EMPLOYER- A nonimmigrant agricultural worker who has a
valid visa issued under this section that counted against the allocation
described in subparagraph (A) shall not be recounted against the
allocation if the worker is petitioned for by a subsequent designated
agricultural employer.
- `(2) ANNUAL ADJUSTMENTS FOR FIRST 5 YEARS OF PROGRAM-
- `(A) IN GENERAL- The Secretary, after reviewing
relevant evidence submitted by agricultural producers and organizations
representing agricultural workers, may increase or decrease, as
appropriate, the worldwide level of visas under paragraph (1) for each
of the 5 fiscal years referred to in paragraph (1) based on the
following factors:
- `(i) A demonstrated shortage of agricultural workers.
- `(ii) The level of unemployment and underemployment of agricultural workers during the preceding fiscal year.
- `(iii) The number of applications for blue card status.
- `(iv) The number of blue card visa applications approved.
- `(v) The number of nonimmigrant agricultural workers sought by employers during the preceding fiscal year.
- `(vi) The estimated number of United States
workers, including blue card workers, who worked in agriculture during
the preceding fiscal year.
- `(vii) The number of nonimmigrant agricultural
workers issued a visa in the most recent fiscal year who remain in the
United States in compliance with the terms of such visa.
- `(viii) The number of United States workers who
accepted jobs offered by employers using the Electronic Job Registry
during the preceding fiscal year.
- `(ix) Any growth or contraction of the United
States agricultural industry that has increased or decreased the demand
for agricultural workers.
- `(x) Any changes in the real wages paid to
agricultural workers in the United States as an indication of a shortage
or surplus of agricultural labor.
- `(B) NOTIFICATION; IMPLEMENTATION- The Secretary
shall notify the Secretary of Homeland Security of any change to the
worldwide level of visas for nonimmigrant agricultural workers. The
Secretary of Homeland Security shall implement such changes.
- `(C) EMERGENCY PROCEDURES- The Secretary shall
establish, by regulation, procedures for immediately adjusting an annual
allocation under paragraph (1) for severe labor shortages, as
determined by the Secretary.
- `(3) SIXTH AND SUBSEQUENT YEARS OF PROGRAM- The
Secretary, in consultation with the Secretary of Labor, shall establish
the worldwide level of visas for nonimmigrant agricultural workers for
each fiscal year following the fiscal years referred to in paragraph (1)
after considering appropriate factors, including--
- `(A) a demonstrated shortage of agricultural workers;
- `(B) the level of unemployment and underemployment of agricultural workers during the preceding fiscal year;
- `(C) the number of applications for blue card status;
- `(D) the number of blue card visa applications approved;
- `(E) the number of nonimmigrant agricultural workers sought by employers during the preceding fiscal year;
- `(F) the estimated number of United States workers,
including blue card workers, who worked in agriculture during the
preceding fiscal year;
- `(G) the number of nonimmigrant agricultural
workers issued a visa in the most recent fiscal year who remain in the
United States in compliance with the terms of such visa;
- `(H) the number of United States workers who
accepted jobs offered by employers using the Electronic Job Registry
during the preceding fiscal year;
- `(I) any growth or contraction of the United States
agricultural industry that has increased or decreased the demand for
agricultural workers; and
- `(J) any changes in the real wages paid to
agricultural workers in the United States as an indication of a shortage
or surplus of agricultural labor.
- `(d) Requirements for Nonimmigrant Agricultural Workers-
- `(1) ELIGIBILITY FOR NONIMMIGRANT AGRICULTURAL WORKER STATUS-
- `(A) IN GENERAL- An alien is not eligible to be
admitted to the United States as a nonimmigrant agricultural worker if
the alien--
- `(i) violated a material term or condition of a
previous admission as a nonimmigrant agricultural worker during the
most recent 3-year period (other than a contract agricultural worker who
voluntarily abandons his or her employment before the end of the
contract period or whose employment is terminated by the employer for
cause);
- `(ii) has not obtained successful clearance of
any security and criminal background checks required by the Secretary of
Homeland Security or any other examination required under this Act; or
- `(iii)(I) departed from the United States while
subject to an order of exclusion, deportation, or removal, or pursuant
to an order of voluntary departure; and
- `(II)(aa) is outside of the United States; or
- `(bb) has reentered the United States illegally
after December 31, 2012 without receiving consent to the alien's
reapplication for admission under section 212(a)(9).
- `(B) WAIVER- The Secretary may waive the application of subparagraph (A)(iii) on behalf of an alien if the alien--
- `(i) is the spouse or child of a United States citizen or lawful permanent resident;
- `(ii) is the parent of a child who is a United States citizen or lawful permanent resident;
- `(iii) meets the requirements set forth in clause (ii) or (iii) of section 245D(b)(1)(A); or
- `(iv)(I) meets the requirements set forth in section 245D(b)(1)(A)(ii);
- `(II) is 16 years or older on the date on which the alien applies for nonimmigrant agricultural status; and
- `(III) was physically present in the United
States for an aggregate period of not less than 3 years during the
6-year period immediately preceding the date of the enactment of this
section.
- `(2) TERM OF STAY FOR NONIMMIGRANT AGRICULTURAL WORKERS-
- `(A) IN GENERAL-
- `(i) INITIAL ADMISSION- A nonimmigrant
agricultural worker may be admitted into the United States in such
status for an initial period of 3 years.
- `(ii) RENEWAL- A nonimmigrant agricultural
worker may renew such worker's period of admission in the United States
for 1 additional 3-year period.
- `(B) BREAK IN PRESENCE- A nonimmigrant agricultural
worker who has been admitted to the United States for 2 consecutive
periods under subparagraph (A) is ineligible to renew the alien's
nonimmigrant agricultural worker status until such alien--
- `(i) returns to a residence outside the United States for a period of not less than 3 months; and
- `(ii) seeks to reenter the United States under the terms of the Program as a nonimmigrant agricultural worker.
- `(3) LOSS OF STATUS-
- `(A) IN GENERAL- An alien admitted as a
nonimmigrant agricultural worker shall be ineligible for such status and
shall be required to depart the United States if such alien--
- `(i) after the completion of his or her
contract with a designated agricultural employer, is not employed in
agricultural employment by a designated agricultural employer; or
- `(ii) is an at-will agricultural worker and is
not continuously employed by a designated agricultural employer in
agricultural employment as an at-will agricultural worker.
- `(B) EXCEPTION- Subject to subparagraph (C), a
nonimmigrant agricultural worker has not violated subparagraph (A) if
the contract agricultural worker is not employed in agricultural
employment for a period not to exceed 60 days.
- `(C) WAIVER- Notwithstanding subparagraph (B), the
Secretary of Homeland Security may waive the application of clause (i)
or (ii) of subparagraph (A) for a nonimmigrant agricultural worker who
was not employed in agricultural employment for a period of more than 60
days if such period of unemployment was due to--
- `(i) the injury of such worker; or
- `(ii) a natural disaster declared by the Secretary.
- `(D) TOLLING OF EMPLOYMENT REQUIREMENT- A
nonimmigrant agricultural worker may leave the United States for up to
60 days in any fiscal year while in such status. During the period in
which the worker is outside of the United States, the 60-day limit
specified in subparagraph (B) shall be tolled.
- `(4) PORTABILITY OF STATUS-
- `(A) CONTRACT AGRICULTURAL WORKERS-
- `(i) IN GENERAL- Except as provided in clause
(ii), an alien who entered the United States as a contract agricultural
worker may--
- `(I) seek employment as a nonimmigrant
agricultural worker with a designated agricultural employer other than
the designated agricultural employer with whom the employee had a
contract described in section 101(a)(15)(W)(ii)(I); and
- `(II) accept employment with such new employer after the date the contract agricultural worker completes such contract.
- `(ii) VOLUNTARY ABANDONMENT; TERMINATION FOR
CAUSE- A contract agricultural worker who voluntarily abandons his or
her employment before the end of the contract period or whose employment
is terminated for cause by the employer--
- `(I) may not accept subsequent employment
with another designated agricultural employer without first departing
the United States and reentering pursuant to a new offer of employment;
and
- `(II) is not entitled to the 75 percent payment guarantee described in subsection (e)(4)(B).
- `(iii) TERMINATION BY MUTUAL AGREEMENT- The
termination of an employment contract by mutual agreement of the
designated agricultural employer and the contract agricultural worker
shall not be considered voluntary abandonment for purposes of clause
(ii).
- `(B) AT-WILL AGRICULTURAL WORKERS- An alien who
entered the United States as an at-will agricultural worker may seek
employment as an at-will agricultural worker with any other designated
agricultural employer referred to in section 101(a)(15)(W)(iii)(I).
- `(5) PROHIBITION ON GEOGRAPHIC LIMITATION- A nonimmigrant visa issued to a nonimmigrant agricultural worker--
- `(A) shall not limit the geographical area within which such worker may be employed;
- `(B) shall not limit the type of agricultural employment such worker may perform; and
- `(C) may restrict such worker to employment with designated agricultural employers.
- `(6) TREATMENT OF SPOUSES AND CHILDREN- A spouse or child of a nonimmigrant agricultural worker--
- `(A) shall not be entitled to visa or other
immigration status by virtue of the relationship of such spouse or child
to such worker; and
- `(B) may be provided status as a nonimmigrant
agricultural worker if the spouse or child is independently qualified
for such status.
- `(e) Employer Requirements-
- `(1) DESIGNATED AGRICULTURAL EMPLOYER STATUS-
- `(A) REGISTRATION REQUIREMENT- Each employer
seeking to employ nonimmigrant agricultural workers shall register for
designated agricultural employer status by submitting to the Secretary,
through the Farm Service Agency in the geographic area of the employer
or electronically to the Secretary, a registration that includes--
- `(i) the employer's employer identification number; and
- `(ii) a registration fee, in an amount determined by the Secretary.
- `(B) CRITERIA- The Secretary shall grant designated
agricultural employer status to an employer who submits an registration
for such status that includes--
- `(i) documentation that the employer is engaged in agriculture;
- `(ii) the estimated number of nonimmigrant agricultural workers the employer will need each year;
- `(iii) the anticipated periods during which the employer will need such workers; and
- `(iv) documentation establishing need for a specified agricultural occupation or occupations.
- `(C) DESIGNATION-
- `(i) REGISTRATION NUMBER- The Secretary shall
assign each employer that meets the criteria established pursuant to
subparagraph (B) with a designated agricultural employer registration
number.
- `(ii) TERM OF DESIGNATION- Each employer
granted designated agricultural employer status under this paragraph
shall retain such status for a term of 3 years.
- `(D) ASSISTANCE- In carrying out the functions
described in this subsection, the Secretary may work through the Farm
Service Agency, or any other agency in the Department of Agriculture--
- `(i) to assist agricultural employers with the registration process under this paragraph by providing such employers with--
- `(I) technical assistance and expertise;
- `(II) internet access for submitting such applications; and
- `(III) a nonelectronic means for submitting such registrations; and
- `(ii) to provide resources about the Program,
including best practices and compliance related assistance and resources
or training to assist in retention of such workers to agricultural
employers.
- `(E) DEPOSIT OF REGISTRATION FEE- All registration
fees collected under subparagraph (A)(ii) shall be deposited in the
Comprehensive Immigration Reform Trust Fund established under section
6(a)(1) of the Border Security, Economic Opportunity, and Immigration
Modernization Act.
- `(2) NONIMMIGRANT AGRICULTURAL WORKER PETITION PROCESS-
- `(A) IN GENERAL- Not later than 45 days before the
date on which nonimmigrant agricultural workers are needed, a designated
agricultural employer seeking to employ such workers shall submit a
petition to the Secretary of Homeland Security that includes the
employer's designated agricultural employer registration number.
- `(B) ATTESTATION- An application submitted under subparagraph (A) shall include an attestation of the following
- `(i) the number of named or unnamed
nonimmigrant agricultural workers the designated agricultural employer
is seeking to employ during the applicable period of employment;
- `(ii) the total number of contract agricultural
workers and of at-will agricultural workers the employer will require
for each occupational category;
- `(iii) the anticipated period, including expected beginning and ending dates, during which such employees will be needed;
- `(iv) evidence of contracts or written
disclosures of employment terms and conditions in accordance with the
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.), which have been provided to the nonimmigrant agricultural
workers, or a sample of such contract or disclosure for unnamed workers;
- `(v) the information submitted to the State workforce agency pursuant to paragraph (3)(A)(i);
- `(vi) the record of United States workers described in paragraph (3)(A)(iv) on the date of the request;
- `(vii) evidence of offers of employment made to United States workers as required under paragraph (3)(B); and
- `(viii) that the employer has complied with the conditions pursuant to (4)(A) and (4)(B).
- `(C) EMPLOYMENT AUTHORIZATION WHEN CHANGING
EMPLOYERS- Nonimmigrant agricultural workers in the United States who
are identified in a petition submitted pursuant to subparagraph (A) and
are in lawful status may commence employment with their designated
agricultural employer after such employer has submitted such petition to
the Secretary of Homeland Security.
- `(3) EMPLOYMENT OF UNITED STATES WORKERS-
- `(A) RECRUITMENT-
- `(i) FILING A JOB OFFER WITH THE LOCAL OFFICE
OF THE STATE WORKFORCE AGENCY- Not later than 60 days before the date on
which the employer desires to employ a nonimmigrant agricultural
worker, the employer shall submit the job posting for such worker to the
local office of the State workforce agency where the job site is
located and authorize the posting of the job opportunity on `America's
Job Bank' or other Electronic Job Registry for a period of 45 days.
Nothing in this clause may be construed to require the employer to file
an interstate job order under section 653.500 of title 20, Code of
Federal Regulations.
- `(ii) CONSTRUCTION- Nothing in clause (i) may
be construed to cause a listing referred to in clause (i) to be treated
as an interstate job order under section 653.500 of title 20, Code of
Federal Regulations (or similar successor regulation).
- `(iii) RECORD OF UNITED STATES WORKERS- An
employer shall keep a record of all eligible, able, willing, and
qualified United States workers who apply for agricultural employment
with the employer for the agricultural employment for which the
nonimmigrant agricultural nonimmigrant workers are sought.
- `(B) REQUIREMENT TO HIRE-
- `(i) UNITED STATES WORKERS- An employer may not
seek a nonimmigrant agricultural worker for agricultural employment
unless the employer offers such employment to any equally or better
qualified United States worker who will be available at the time and
place of need and who applies for such employment during the recruitment
period.
- `(ii) BLUE CARD STATUS- Except as provided in
clause (iii), the employer shall, for each job to be filled by a
nonimmigrant agricultural worker, offer the job to any eligible alien
with blue card status who--
- `(I) applies for such job;
- `(II) is equally or better qualified for the job; and
- `(III) will be available at the time and place of need.
- `(iii) EXCEPTION- Notwithstanding clauses (i)
and (ii), the employer may hire a nonimmigrant described in section
101(a)(15)(H)(ii)(a) for agricultural employment if--
- `(I) such worker worked for the employer
for 3 years during the 4-year period ending on the date on which the
program authorized under section 218 (as in effect on the date of the
enactment of the Agricultural Worker Program Act of 2013) is terminated;
and
- `(II) the employer pays such worker the adverse effect wage rate calculated under subsection (f)(5).
- `(4) ADDITIONAL PROGRAM REQUIREMENTS FOR DESIGNATED
AGRICULTURAL EMPLOYERS- Each designated agricultural employer shall
comply with the following requirements:
- `(A) NO DISPLACEMENT OF UNITED STATES WORKERS-
- `(i) IN GENERAL- The employer shall not
displace a United States worker employed by the employer, other than for
good cause, during the period of employment of the nonimmigrant
agricultural worker and for a period of 30 days preceding such period in
the occupation and at the location of employment for which the employer
seeks to employ nonimmigrant agricultural workers.
- `(ii) LABOR DISPUTE- The employer shall not
employ a nonimmigrant agricultural worker for a specific job for which
the employer is requesting a nonimmigrant agricultural worker because
the former occupant of the job is on strike or being locked out in the
course of a labor dispute.
- `(B) GUARANTEE OF EMPLOYMENT FOR CONTRACT AGRICULTURAL WORKERS-
- `(i) OFFER TO CONTRACT WORKER- The employer
shall guarantee to offer contract agricultural workers employment for
the hourly equivalent of at least 75 percent of the work days of the
total 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. In this clause, the term
`hourly equivalent' means the number of hours in the work days as stated
in the job offer and shall exclude the worker's Sabbath and Federal
holidays. If the employer affords the contract agricultural worker less
employment than the number of hours required under this subparagraph,
the employer shall pay such worker the amount the worker would have
earned had the worker worked the guaranteed number of hours.
- `(ii) FAILURE TO WORK- 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.
- `(iii) CONTRACT IMPOSSIBILITY- If, before the
expiration of the period of employment specified in the job offer, the
services of a contract agricultural worker are no longer required for
reasons beyond the control of the employer due to any form of natural
disaster, including a flood, hurricane, freeze, earthquake, fire,
drought, plant or animal disease or pest infestation, or regulatory
drought, before the guarantee in subparagraph (A) is fulfilled, the
employer--
- `(I) may terminate the worker's employment;
- `(II) shall fulfill the employment
guarantee described in subparagraph (B) for the work days that have
elapsed from the first work day after the arrival of the worker to the
termination of employment;
- `(III) shall make efforts to transfer the worker to other comparable employment acceptable to the worker; and
- `(IV) if such a transfer does not take place, shall provide the return transportation required under subparagraph (J).
- `(C) Workers' COMPENSATION-
- `(i) REQUIREMENT TO PROVIDE- If a job referred
to in paragraph (3) is not covered by the State workers' compensation
law, the employer shall provide, at no cost to the nonimmigrant
agricultural worker, insurance covering injury and disease arising out
of, and in the course of, such job.
- `(ii) BENEFITS- The insurance required to be
provided under clause (i) shall provide benefits at least equal to those
provided under and pursuant to State's workers' compensation law for
comparable employment.
- `(D) PROHIBITION FOR USE FOR NONAGRICULTURAL
SERVICES- The employer may not employ a nonimmigrant agricultural worker
for employment other than agricultural employment.
- `(E) WAGES- The employer shall pay the wage required under subsection (f).
- `(F) DEDUCTION OF WAGES- The employer shall make
only deductions from a nonimmigrant agricultural worker's wages that are
authorized by law or are reasonable and customary in the occupation and
area of employment of such worker.
- `(G) REQUIREMENT TO PROVIDE HOUSING OR A HOUSING ALLOWANCE-
- `(i) IN GENERAL- Except as provided in clauses
(iv) and (v), a designated agricultural employer shall offer to provide a
nonimmigrant agricultural worker with housing in accordance with clause
(ii) or (iii).
- `(ii) HOUSING- An employer may provide housing to a nonimmigrant agricultural worker that meets--
- `(I) applicable Federal standards for temporary labor camps; or
- `(II) applicable local standards (or, in
the absence of applicable local standards, State standards) for rental
or public accommodation housing or other substantially similar class of
habitation.
- `(iii) HOUSING PAYMENTS-
- `(I) PUBLIC HOUSING- If the employer
arranges public housing for nonimmigrant agricultural workers through a
State, county, or local government program and such public housing units
normally require payments from tenants, such payments shall be made by
the employer directly to the landlord.
- `(II) DEPOSITS- Deposits for bedding or
other similar incidentals related to housing shall not be collected from
workers by employers who provide housing for such workers.
- `(III) DAMAGES- The employer may require
any worker who is responsible for damage to housing that did not result
from normal wear and tear related to habitation to reimburse the
employer for the reasonable cost of repairing such damage.
- `(iv) HOUSING ALLOWANCE ALTERNATIVE-
- `(I) IN GENERAL- The employer may provide a
reasonable housing allowance instead of providing housing under clause
(i). Upon the request of a worker seeking assistance in locating
housing, the employer shall make a good faith effort to assist the
worker in identifying and locating housing in the area of intended
employment. An employer who offers a housing allowance to a worker or
assists a worker in locating housing, which the worker occupies shall
not be deemed a housing provided under section 203 of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) solely by
virtue of providing such housing allowance. No housing allowance may be
used for housing that is owned or controlled by the employer.
- `(II) CERTIFICATION REQUIREMENT- Contract
agricultural workers may only be provided a housing allowance if the
Governor of the State in which the place of employment is located
certifies to the Secretary that there is adequate housing available in
the area of intended employment for migrant farm workers and contract
agricultural workers who are seeking temporary housing while employed in
agricultural work. Such certification shall expire after 3 years unless
renewed by the Governor of the State.
- `(III) AMOUNT OF ALLOWANCE-
- `(v) EXCEPTION FOR COMMUTING WORKERS-
Nothing in this subparagraph may be construed to require an employer to
provide housing or a housing allowance to workers who reside outside of
the United States if their place of residence is within normal commuting
distance and the job site is within 50 miles of an international land
border of the United States.
- `(H) WORKSITE TRANSPORTATION FOR CONTRACT WORKERS-
During the period a designated agricultural employer employs a contract
worker, such employer shall, at the employer's option, provide or
reimburse the contract worker for the cost of transportation from the
contract worker's residence in the United States to the contract
worker's place of employment.
- `(I) REIMBURSEMENT OF TRANSPORTATION TO PLACE OF EMPLOYMENT-
- `(i) IN GENERAL- Except as provided in
subclause (II) a contract agricultural worker who completes at least 27
months under his or her contract with the same designated agricultural
employer shall be reimbursed by that employer for the cost of the
worker's transportation and subsistence from the place of employment to
the place from which the worker came from abroad to work for the
employer.
- `(ii) LIMITATION- Except as provided in clause
(iii), the amount of reimbursement provided under clause (i) to a worker
shall not exceed the lesser of--
- `(I) the actual cost to the worker of the transportation and subsistence involved; or
- `(II) the most economical and reasonable
common carrier transportation charges and subsistence costs for the
distance involved.
- `(iii) DISTANCE TRAVELED- The employer shall not be required to reimburse a worker under clause (i) if--
- `(I) the distance traveled is 100 miles or less; or
- `(II) the worker is not residing in
employer-provided housing or housing secured through an allowance
described in subclause (I)(iv).
- `(J) REIMBURSEMENT OF TRANSPORTATION FROM PLACE OF EMPLOYMENT-
- `(i) IN GENERAL-
- `(I) IN GENERAL- Except as provided in
subclause (II), a contract agricultural worker who completes at least 75
percent of a contract for a designated agricultural employer shall be
reimbursed by the employer for the cost of the worker's transportation
and subsistence from the place of employment to the place from which the
worker came to work for the employer.
- `(II) EXCEPTION- If a contract agricultural
worker was employed by another designated agricultural worker after
terminating employment with the designated agricultural employer
described in subclause (I) and before returning to the place outside the
United States from which the worker came, the subsequent designated
agricultural employer shall reimburse the worker for the costs described
in subclause (I).
- `(III) SINGLE TRIP- A contract agricultural
worker is only entitled to be reimbursed by a designated agricultural
employer under this subparagraph for travel to the place from which the
worker came at the time the worker is leaving the Program.
- `(ii) LIMITATION- Except as provided in clause
(iii), the amount of reimbursement provided under clause (i) to a worker
shall not exceed the lesser of--
- `(I) the actual cost to the worker of the transportation and subsistence involved; or
- `(II) the most economical and reasonable
common carrier transportation charges and subsistence costs for the
distance involved.
- `(iii) DISTANCE TRAVELED- The employer shall not be required to reimburse a worker under clause (i) if--
- `(I) the distance traveled is 100 miles or less; or
- `(II) the worker is not residing in
employer-provided housing or housing secured through an allowance
described in subclause (I)(iv).
- `(iv) EARLY TERMINATION- If a contract
agricultural worker is laid off or the worker's employment is terminated
for contract impossibility (as described in subparagraph (C)(iii))
before completing 75 percent of such contract, the employer shall
reimburse the worker for the costs described in clause (i)(I).
- `(5) VIOLATION OF PROGRAM REQUIREMENTS- If the
Secretary determines, after an opportunity for a hearing, that a
designated agricultural employer has violated a term under this section
the Secretary may--
- `(A) impose penalties, including fines; and
- `(B) for serious violations, disqualify the
employer from future enrollment in the Program for a period of not more
than 3 years.
- `(f) Wages-
- `(1) WAGE RATE REQUIREMENT-
- `(A) IN GENERAL- A nonimmigrant agricultural worker
employed by a designated agricultural employer shall be paid the wage
rate for such employment set forth in paragraph (3).
- `(B) WORKERS PAID ON A PIECE RATE OR OTHER
INCENTIVE BASIS- If an employer pays by the piece rate or other
incentive method and requires one or more minimum productivity standards
as a condition of job retention, such standards shall be specified in
the job offer and be no more than those which have been normally
required (at the time of the employee's initial entry into the country
as a nonimmigrant agricultural worker) by other employers for the
activity in the geographic area of the job, unless the Secretary
approves a higher standard.
- `(2) JOB CATEGORIES- For purposes of paragraph (1),
each nonimmigrant agricultural worker employed by such employer shall be
assigned to 1 of the following standard occupational classifications,
as defined by the Bureau of Labor Statistics:
- `(A) First-Line Supervisors of Farming, Fishing, and Forestry Workers (45-1011).
- `(B) Animal Breeders (45-2021).
- `(C) Graders and Sorters, Agricultural Products (45-2041).
- `(D) Agricultural equipment operator (45-2091).
- `(E) Farmworkers and Laborers, Crop, Nursery, and Greenhouse (45-2092).
- `(F) Farmworkers, Farm, Ranch and Aquacultural Animals (45-2093).
- `(3) DETERMINATION OF WAGE RATE-
- `(A) FISCAL YEARS 2014 THROUGH 2016- The wage rate
under this subparagraph for fiscal years 2014 through 2016 shall be the
higher of--
- `(i) the applicable Federal, State or local minimum wage; or
- `(ii)(I) for the category described in paragraph (2)(C)--
- `(aa) $9.37 for fiscal year 2014;
- `(bb) $9.60 for fiscal year 2015; and
- `(cc) $9.84 for fiscal year 2016;
- `(II) for the category described in paragraph (2)(D)--
- `(aa) $11.30 for fiscal year 2014;
- `(bb) $11.58 for fiscal year 2015; and
- `(cc) $11.87 for fiscal year 2016;
- `(III) for the category described in paragraph (2)(E)--
- `(aa) $9.17 for fiscal year 2014;
- `(bb) $9.40 for fiscal year 2015; and
- `(cc) $9.64 for fiscal year 2016; and
- `(IV) for the category described in paragraph (2)(F)--
- `(aa) $10.82 for fiscal year 2014;
- `(bb) $11.09 for fiscal year 2015; and
- `(cc) $11.37 for fiscal year 2016;
- `(B) SUBSEQUENT YEARS- The Secretary shall increase
the hourly wage rates set forth in clauses (i) through (iv) of
subparagraph (A), for each fiscal year after the fiscal years described
in subparagraph (A) by an amount equal to--
- `(i) 1.5 percent, if the percentage increase in
the Employment Cost Index for wages and salaries during the previous
fiscal year, as calculated by the Bureau of Labor Statistics, is less
than 1.5 percent;
- `(ii) the percentage increase in such
Employment Cost Index, if such percentage increase is between 1.5
percent and 2.5 percent, inclusive; or
- `(iii) 2.5 percent, if such percentage increase is greater than 2.5 percent.
- `(C) AGRICULTURAL SUPERVISORS AND ANIMAL BREEDERS-
Not later than September 1, 2015, and annually thereafter, the
Secretary, in consultation with the Secretary of Labor, shall establish
the prevailing wage for the next fiscal year for each of the job
categories set out in subparagraphs (A) and (B) of paragraph (2).
- `(D) SURVEY BY BUREAU OF LABOR STATISTICS- Not
later than April 15, 2015, the Bureau of Labor Statistics shall consult
with the Secretary to expand the Occupational and Employment Survey to
survey agricultural producers and contractors and produce improved wage
data by State and the job categories set out in subparagraphs (A)
through (F) of paragraph (2).
- `(4) CONSIDERATION- In determining the wage rate under
paragraph (3), the Secretary may consider appropriate factors,
including--
- `(A) whether the employment of additional alien
workers at the prevailing wage will adversely affect the wages and
working conditions of workers in the United States similarly employed;
- `(B) whether the employment in the United States of
an alien admitted under section 101(a)(15)(H)(ii)(a) or unauthorized
aliens in the agricultural workforce has depressed wages of United
States workers engaged in agricultural employment below the levels that
would otherwise have prevailed if such aliens had not been employed in
the United States;
- `(C) whether wages of agricultural workers are
sufficient to support such workers and their families at a level above
the poverty thresholds determined by the Bureau of Census;
- `(D) the wages paid workers in the United States
who are not employed in agricultural employment but who are employed in
comparable employment;
- `(E) the continued exclusion of employers of
nonimmigrant alien workers in agriculture from the payment of taxes
under chapter 21 of the Internal Revenue Code of 1986 (26 U.S.C. 3101 et
seq.) and chapter 23 of such Code (26 U.S.C. 3301 et seq.);
- `(F) the impact of farm labor costs in the United States on the movement of agricultural production to foreign countries;
- `(G) a comparison of the expenses and cost
structure of foreign agricultural producers to the expenses incurred by
agricultural producers based in the United States; and
- `(H) the accuracy and reliability of the Occupational and Employment Survey.
- `(5) ADVERSE EFFECT WAGE RATE-
- `(A) PROHIBITION OF MODIFICATION- The adverse
effect wage rates in effect on April 15, 2013, for nonimmigrants
admitted under 101(a)(15)(H)(ii)(a)--
- `(i) shall remain in effect until the date described in section 2233 of the Agricultural Worker Program Act of 2013; and
- `(ii) may not be modified except as provided in subparagraph (B).
- `(B) EXCEPTION- Until the Secretary establishes the
wage rates required under paragraph (3)(C), the adverse effect wage
rates in effect on the date of the enactment of the Agricultural Worker
Program Act of 2013 shall be--
- `(i) deemed to be such wage rates; and
- `(ii) after September 1, 2015, adjusted annually in accordance with paragraph (3)(B).
- `(6) EQUAL WAGES, BENEFITS, AND WORKING CONDITIONS-
- `(A) PREFERENTIAL TREATMENT OF ALIENS PROHIBITED-
- `(i) IN GENERAL- The employer's job offer must
offer to United States workers no less than the same benefits, wages,
and working conditions that the employer is offering, intends to offer,
or will provide to nonimmigrant workers. Conversely, no job offer may
impose on United States workers any restrictions or obligations which
will not be imposed on the employer's nonimmigrants.
- `(ii) SIMILARLY SITUATED U.S. WORKERS- Except
as provided in paragraph (3), all similarly situated U.S. workers
employed at the same place of employment in the same occupational
classification as the nonimmigrant workers must be provided the same
wages, benefits, and working conditions described in this section.
- `(iii) EXCEPTION- Notwithstanding subparagraph
(2), an employer is not required to provide housing for similarly
situated United States workers, other than United States workers
recruited and hired pursuant to an offer of employment in connection
with an application.
- `(B) ATTESTATION-
- `(i) IN GENERAL- Each designated agricultural
employer shall include an attestation that the employer is or is not a
Program dependent employer in its petition for nonimmigrant agricultural
workers under paragraph (2).
- `(ii) PROGRAM DEPENDENT EMPLOYER DETERMINATION-
Each designated agricultural employer shall annually determine whether
the employer is a Program dependent employer, with at least 60 percent
of its employees who are not United States workers, based upon--
- `(I) the total number of employees employed
by an employer during the preceding calendar year, as evidenced by the
employer's payroll records; and
- `(II) the employer's E-Verify records indicating the citizenship and alien status of each employee employed by the employer.
- `(C) HOUSING EXCEPTION- An employer described in
subparagraph (A) shall only be required to provide housing to United
States workers in accordance with subsection (e)(4)(H) if such workers
do not reside within 100 miles of their place of employment.
- `(g) Worker Protections and Dispute Resolution-
- `(1) EQUALITY OF TREATMENT- Nonimmigrant agricultural
workers shall not be denied any right or remedy under any Federal,
State, or local labor or employment law applicable to United States
workers engaged in agricultural employment.
- `(2) APPLICABILITY OF THE MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT-
- `(A) MIGRANT AND SEASONAL AGRICULTURAL WORKER
PROTECTION ACT- Nonimmigrant agricultural workers shall be considered
migrant agricultural workers for purposes of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
- `(B) ELIGIBILITY OF NONIMMIGRANT AGRICULTURAL
WORKERS FOR CERTAIN LEGAL ASSISTANCE- A nonimmigrant agricultural worker
shall be considered to be lawfully admitted for permanent residence for
purposes of establishing eligibility for legal services under the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.) on matters relating
to wages, housing, transportation, and other employment rights.
- `(C) MEDIATION-
- `(i) FREE MEDIATION SERVICES- The Federal
Mediation and Conciliation Service shall be available to assist in
resolving disputes arising under this section between nonimmigrant
agricultural workers and designated agricultural employers without
charge to the parties.
- `(ii) COMPLAINT- If a nonimmigrant agricultural
worker files a complaint under section 504 of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1854), not later than 60
days after the filing of proof of service of the complaint, a party to
the action may file a request with the Federal Mediation and
Conciliation Service to assist the parties in reaching a satisfactory
resolution of all issues involving all parties to the dispute.
- `(iii) NOTICE- Upon filing a request under
clause (ii) and giving of notice to the parties, the parties shall
attempt mediation within the period specified in clause (iv).
- `(iv) 90-day LIMIT- The Federal Mediation and
Conciliation Service may conduct mediation or other nonbinding dispute
resolution activities for a period not to exceed 90 days beginning on
the date on which the Federal Mediation and Conciliation Service
receives a request for assistance under clause (ii) unless the parties
agree to an extension of such period.
- `(v) AUTHORIZATION OF APPROPRIATIONS-
- `(I) IN GENERAL- Subject to clause (II),
there are authorized to be appropriated to the Federal Mediation and
Conciliation Service $500,000 for each fiscal year to carry out this
subparagraph.
- `(II) MEDIATION- Notwithstanding any other
provision of law, the Director of the Federal Mediation and Conciliation
Service is authorized--
- `(vi) PRIVATE MEDIATION- If all parties
agree, a private mediator may be employed as an alternative to the
Federal Mediation and Conciliation Service.
- `(3) OTHER RIGHTS- Nonimmigrant agricultural workers
shall be entitled to the rights granted to other classes of aliens under
sections 242(h) and 245E.
- `(4) WAIVER OF RIGHTS- Agreements by nonimmigrant
agricultural workers to waive or modify any rights or protections under
this section shall be considered void or contrary to public policy
except as provided in a collective bargaining agreement with a bona fide
labor organization.
- `(h) Enforcement Authority-
- `(1) REVIEW- The Secretary of Homeland Security shall
review petitions submitted by designated agricultural employers under
subsection (e)(2) for completeness or obvious inaccuracies.
- `(2) INVESTIGATION OF COMPLAINTS-
- `(A) AGGRIEVED PERSON OR THIRD-PARTY COMPLAINTS-
- `(i) PROCESS- The Secretary of Labor shall
establish a process for the receipt, investigation, and disposition of
complaints respecting a designated agricultural employer's failure to
meet a condition specified in subsection (e), or an employer's
misrepresentation of material facts in a petition under subsection
(e)(2).
- `(ii) FILING- Any aggrieved person or
organization, including bargaining representatives, may file a complaint
referred to in clause (i) not later than 1 year after the date of the
failure or misrepresentation, respectively.
- `(iii) INVESTIGATION OR HEARING- The Secretary
of Labor shall conduct an investigation if there is reasonable cause to
believe that such failure or misrepresentation has occurred.
- `(B) DETERMINATION ON COMPLAINT- Under such
process, the Secretary of Labor shall provide, not later than 30 days
after the date on which such a complaint is filed, for a determination
as to whether or not a reasonable basis exists to make a finding
described in subparagraph (C), (D), (E), or (F). If the Secretary of
Labor determines that such a reasonable basis exists, the Secretary of
Labor shall provide for notice of such determination to the interested
parties and an opportunity for a hearing on the complaint, in accordance
with section 556 of title 5, United States Code, within 60 days after
the date of the determination. If such a hearing is requested, the
Secretary of Labor shall make a finding concerning the matter not later
than 60 days after the date of the hearing. In the case of similar
complaints respecting the same applicant, the Secretary of Labor may
consolidate the hearings under this subparagraph on such complaints.
- `(C) FAILURE TO MEET CONDITIONS- If the Secretary
of Labor finds, after notice and opportunity for a hearing, a failure to
meet a condition under subsection (e) or (f), or made a material
misrepresentation of fact in a petition under subsection (e)(2)--
- `(i) the Secretary of Labor shall notify the
Secretary of such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in an amount
not to exceed $1,000 per violation) as the Secretary of Labor determines
to be appropriate; and
- `(ii) the Secretary may disqualify the
designated agricultural employer from the employment of nonimmigrant
agricultural workers for a period of 1 year.
- `(D) WILLFUL FAILURES AND WILLFUL
MISREPRESENTATIONS- If the Secretary of Labor finds, after notice and
opportunity for hearing, a willful failure to meet a condition under
subsection (e) or (f) or a willful misrepresentation of a material fact
in an application or petition under paragraph (1) or (2) of subsection
(e)--
- `(i) the Secretary of Labor shall notify the
Secretary of such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in an amount
not to exceed $5,000 per violation) as the Secretary of Labor determines
to be appropriate;
- `(ii) the Secretary of Labor may seek
appropriate legal or equitable relief to effectuate the purposes of
subsection (e)(8); and
- `(iii) the Secretary may disqualify the
designated agricultural employer from the employment of nonimmigrant
agricultural workers for a period of 2 years.
- `(E) DISPLACEMENT OF UNITED STATES WORKERS- If the
Secretary of Labor finds, after notice and opportunity for hearing, a
willful failure to meet a condition under subsection (e) or (f) or a
willful misrepresentation of a material fact in an application or
petition under paragraph (1) or (2) of subsection (e), in the course of
which failure or misrepresentation the employer displaced a United
States worker employed by the employer during the period of employment
on the employer's petition under subsection (e)(2) or during the period
of 30 days preceding such period of employment--
- `(i) the Secretary of Labor shall notify the
Secretary of such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in an amount
not to exceed $15,000 per violation) as the Secretary of Labor
determines to be appropriate; and
- `(ii) the Secretary may disqualify the employer
from the employment of nonimmigrant agricultural workers for a period
of 3 years.
- `(F) FAILURES TO PAY WAGES OR REQUIRED BENEFITS- If
the Secretary of Labor finds, after notice and opportunity for a
hearing, that the employer has failed to pay the wages, or provide the
housing allowance, transportation, subsistence reimbursement, or
guarantee of employment required under subsection (e)(4) and (f), the
Secretary of Labor shall assess payment of back wages, or other required
benefits, due any United States worker or nonimmigrant agricultural
worker employed by the employer in the specific employment in question.
The back wages or other required benefits required under subsection (e)
and (f) shall be equal to the difference between the amount that should
have been paid and the amount that actually was paid to such worker.
- `(G) DISPOSITION OF PENALTIES- Civil penalties
collected under this paragraph shall be deposited into the Comprehensive
Immigration Reform Trust Fund established under section 6(a)(1) of the
Border Security, Economic Opportunity, and Immigration Modernization
Act.
- `(3) LIMITATIONS ON CIVIL MONEY PENALTIES- The
Secretary of Labor shall not impose total civil money penalties with
respect to a petition under subsection (e)(2) in excess of $90,000.
- `(4) ELECTION- A nonimmigrant agricultural worker who
has filed an administrative complaint with the Secretary of Labor may
not maintain a civil action under paragraph (2) unless a complaint based
on the same violation filed with the Secretary of Labor under
subsection (a)(1) is withdrawn before the filing of such action, in
which case the rights and remedies available under this subsection shall
be exclusive.
- `(5) PRECLUSIVE EFFECT- Any settlement by a
nonimmigrant agricultural worker, a designated agricultural employer, or
any person reached through the mediation process required under
subsection (g)(2)(C) shall preclude any right of action arising out of
the same facts between the parties in any Federal or State court or
administrative proceeding, unless specifically provided otherwise in the
settlement agreement.
- `(6) SETTLEMENTS- Any settlement by the Secretary of
Labor on behalf of a designated agricultural worker on behalf of a
nonimmigrant agricultural worker of a complaint filed with the Secretary
of Labor under this section or any finding by the Secretary of Labor
under this subsection shall preclude any right of action arising out of
the same facts between the parties under any Federal or State court or
administrative proceeding, unless specifically provided otherwise in the
settlement agreement.
- `(7) STATUTORY CONSTRUCTION- Nothing in this subsection
may be construed as limiting the authority of the Secretary of Labor to
conduct any compliance investigation under any other labor law,
including any law affecting migrant and seasonal agricultural workers,
or, in the absence of a complaint under this section, under paragraph
(1), (3), or (4) of subsection (e), in the settlement agreement.
- `(8) DISCRIMINATION PROHIBITED- It is a violation of
this subsection for any person to intimidate, threaten, restrain,
coerce, blacklist, discharge, or in any other manner discriminate
against an employee, including a former employee or an applicant for
employment, because the employee--
- `(A) has disclosed information to the employer, or
to any other person, that the employee reasonably believes evidences a
violation of subsection (e), or any rule or regulation relating to
subsection (e); or
- `(B) cooperates or seeks to cooperate in an
investigation or other proceeding concerning the employer's compliance
with the requirements under subsection (e) or any rule or regulation
pertaining to subsection (e).
- `(9) ROLE OF ASSOCIATIONS-
- `(A) VIOLATION BY A MEMBER OF AN ASSOCIATION-
- `(i) IN GENERAL- If an association acting as
the agent of an employer files an application on behalf of such
employer, the employer is fully responsible for such application, and
for complying with the terms and conditions of subsection (e). If such
an employer is determined to have violated any requirement described in
this subsection, the penalty for such violation shall apply only to that
employer except as provided in clause (ii).
- `(ii) COLLECTIVE RESPONSIBILITY- If the
Secretary of Labor determines that the association or other members of
the association participated in, had knowledge of, or reason to know of a
violation described in clause (i), the penalty shall also be invoked
against the association and complicit association members.
- `(B) VIOLATIONS BY AN ASSOCIATION ACTING AS AN EMPLOYER-
- `(i) IN GENERAL- If an association filing an
application as a sole or joint employer is determined to have violated
any requirement described in this section, the penalty for such
violation shall apply only to the association except as provided in
clause (ii).
- `(ii) MEMBER RESPONSIBILITY- If the Secretary
of Labor determines that 1 or more association members participated in,
had knowledge of, or reason to know of the violation described in clause
(i), the penalty shall be invoked against all complicit association
members.
- `(i) Special Nonimmigrant Visa Processing and Wage Determination Procedures for Certain Agricultural Occupations-
- `(1) FINDING- Certain industries possess unique
occupational characteristics that necessitate the Secretary of
Agriculture adopt special procedures relating to housing, pay, and visa
program application requirements for those industries.
- `(2) SPECIAL PROCEDURES INDUSTRIES DEFINED- In this subsection, the term `Special Procedures Industries' means--
- `(A) sheepherding and goat herding;
- `(B) itinerant commercial beekeeping and pollination;
- `(C) open range production of livestock;
- `(D) itinerant animal shearing;
- `(E) custom combining industries; and
- `(F) any other industry designated by the Secretary, upon petition by an employer, as a Special Procedures Industry.
- `(3) WORK LOCATIONS- The Secretary shall allow
designated agricultural employers in a Special Procedures Industry that
do not operate in a single fixed-site location to provide, as part of
application and job description under the Program, a list of anticipated
work locations, which--
- `(A) may include an anticipated itinerary; and
- `(B) may be subsequently amended by the employer, after notice to the Secretary.
- `(4) WAGE RATES- The Secretary may establish monthly,
weekly, or biweekly wage rates for occupations in a Special Procedures
Industry for a State or other geographic area. For an employer in those
Special Industries that typically pay a monthly wage, the Secretary
shall require that workers will be paid not less frequently than monthly
and at a rate no less than the legally required monthly cash wage for
such employer as of the date of enactment and in an amount as
re-determined annually by the Secretary of Agriculture through
rulemaking.
- `(5) HOUSING- The Secretary shall allow for the
provision of housing or a housing allowance by employers in Special
Procedures Industries and allow housing suitable for workers employed in
remote locations.
- `(6) ALLERGY LIMITATION- An employer engaged in the
commercial beekeeping or pollination services industry may require that
an applicant be free from bee pollen or honey-related allergies.
- `(7) APPLICATION- An individual employer in Special
Procedures Industry may file visa program applications on its own
behalf, including with use of an agent, or in conjunction with an
association of employers, and in any case the employer's application may
be part of several related applications submitted simultaneously that
constitute a master application.
- `(8) RULEMAKING- The Secretary of Agriculture, after
consultation with employers and employee representatives, shall publish
for notice and comment proposed regulations relating to housing, pay and
application procedures for Special Procedure Industries.
- `(j) Miscellaneous Provisions-
- `(1) DISQUALIFICATION OF NONIMMIGRANT AGRICULTURAL
WORKERS FROM FINANCIAL ASSISTANCE- An alien admitted as a nonimmigrant
agricultural worker is not eligible for any program of financial
assistance under Federal law (whether through grant, loan, guarantee, or
otherwise) on the basis of financial need, as such programs are
identified by the Secretary in consultation with other agencies of the
United States.
- `(2) MONITORING REQUIREMENT-
- `(A) IN GENERAL- The Secretary shall monitor the movement of nonimmigrant agricultural workers through--
- `(i) the Employment Verification System described in section 274A(b); and
- `(ii) the electronic monitoring system established pursuant to subparagraph (B).
- `(B) ELECTRONIC MONITORING SYSTEM- The Secretary of
Homeland Security, through the Director of U.S. Citizenship and
Immigration Services, shall establish an electronic monitoring system,
which shall--
- `(i) be modeled on the Student and Exchange
Visitor Information System (SEVIS) and the SEVIS II tracking system
administered by U.S. Immigration and Customs Enforcement;
- `(ii) monitor the presence and employment of nonimmigrant agricultural workers; and
- `(iii) assist in ensuring the compliance of
designated agricultural employers and nonimmigrant agricultural workers
with the requirements of the Program.'.
- (b) Rulemaking- The Secretary of Agriculture shall issue
regulations to cary out section 218A of the Immigration and Nationality
Act, as added by subsection (a), not later than 1 year after the date of
the enactment of this Act.
- (c) Clerical 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 inserting after the item relation to section 219 the
following:
- `Sec. 218A. Nonimmigrant agricultural worker program.'.
- (d) Effective Date- The amendments made by this section shall take effect on October 1, 2014.