119-hr5494

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5494 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5494

 To amend the Immigration and Nationality Act to provide for an H-2C 
 nonimmigrant classification, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 18, 2025

Mr. Smucker (for himself, Mr. Davis of North Carolina, Ms. Salazar, Mr. 
 Ciscomani, Mr. Harris of Maryland, Mr. Suozzi, Mr. Kelly of 
 Pennsylvania, Mr. McCormick, Mr. Amodei of Nevada, and Mr. Cuellar) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committees on Ways and Means, and 
 Oversight and Government Reform, for a period to be subsequently 
 determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

 To 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 ``Essential Workers for Economic 
Advancement Act''.

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

    (e)

    (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 or 
 less than 7.9 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) Industries with comparatively low sales per 
 employee.--The term `industries with comparatively low sales 
 per employee' means those industries that rank in the lowest 
 ten when dividing sales by the number of employees in the 
 ECNBASIC Dataset, as shown in the `All Sectors: Summary 
 Statistics for the U.S.' using the three-digits North American 
 Industry Classification System

    (NAICS) . This table provides 
 summary statistics for establishments and firms with paid 
 employees.
 ``

    (9) 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.
 ``

    (10) 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.
 ``

    (11) 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.
 ``

    (12) 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
            (d) .
 ``

    (13) Registered position.--The term `registered position' 
 means a position designated as a registered position under 
 subsection

    (e) .
 ``

    (14) 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.
 ``

    (15) Secretary.--Except as otherwise specifically 
 provided, the term `Secretary' means the Secretary of Homeland 
 Security.
 ``

    (16) 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.
 ``

    (17) Small business.--The term `small business' means an 
 employer that employs fewer than 36 full-time employees or 
 fewer than 51 full-time equivalent employees.
 ``

    (18) 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.
 ``

    (19) 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.
 ``

    (20) 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.
 ``

    (21) 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) 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.--An H-2C nonimmigrant may renew his or her 
 H-2C nonimmigrant status for not more than 2 additional 
 consecutive periods of authorized presence.
 ``

    (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) .
 ``
            (d) 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.
 ``
        (E) Any documented evidence of employer 
 participation in industry recognized training and 
 safety programs for U.S. workers.
 ``

    (2) Referral for fraud investigation.--The Secretary may 
 refer an application submitted under paragraph

    (1) or 
 subsection

    (e)

    (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
            (m) ;
 ``
            (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
            (c) (6)
        (A)
            (i) .
 ``

    (e) Registered Positions.--
 ``

    (1) In general.--
 ``
        (A) Application.--Each employer may submit with 
 an application or renewal under subsection
            (d) 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) 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 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.
 ``
            (viii) The number of workers whose jobs 
 and job stability depend on the petitioned job 
 positions being filled.
 ``
            (C) === Definitions. ===
-
 ``
            (i) Best information available.--In 
 subparagraph
        (B)
            (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.
 ``
            (D) 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.
 ``
        (E) 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

    (f)

    (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

    (e)

    (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.
 ``
            (xvii) Advertising such position onsite 
 at the business location.
 ``
            (xviii) Advertising such position through 
 major social media platforms.
 ``
            (xix) Advertising such position through 
 public listservs, newsletters, and email 
 updates.
 ``

    (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.--An approval under subparagraph
        (A) shall be renewed for not more than 2 additional periods 
 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) .
 ``
            (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

    (f) or counted for the purposes of 
 a numerical limitation under subparagraph
        (B) or
            (C) of 
 subsection

    (f)

    (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
            (c) (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

    (q) and subsection

    (p)

    (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 the enactment of the Essential Workers for Economic 
 Advancement Act, 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.
 ``

    (f) 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 Essential Workers for Economic 
 Advancement Act 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; and
 ``
            (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

    (h)

    (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

    (h)

    (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

    (e)

    (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

    (e)

    (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

    (e)

    (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 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
            (i) .
 ``

    (g) 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.
 ``

    (h) Allocation of Registered Positions.--
 ``

    (1) In general.--
 ``
        (A) First 6-month period.--The number of 
 registered positions available under paragraph

    (2) of 
 subsection

    (f) (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

    (f) . 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

    (f) (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

    (f) minus the number of registered positions approved 
 during the 6-month period referred to in subparagraph
        (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

    (f)

    (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.
 ``
            (C) Priority consideration.--The Secretary shall 
 give priority consideration to approving registered 
 positions for small business employers who are in 
 industries with comparatively low sales per employee, 
 as measured by the Census Bureau's Economic Census, 
 that, as part of a robust effort to recruit U.S. 
 workers--
 ``
            (i) promote hiring programs for justice-
 involved youth by having their main trade 
 association or industry sponsored foundation 
 participate in the Employment and Training 
 Administration, U.S. Department of Labor, 
 Pathway Home grant program to support expanded 
 services to eligible, incarcerated individuals 
 in State correctional facilities or local jails 
 prior- and post-release to help eliminate the 
 gap between release and enrollment into a 
 reentry program leading to employment, or a 
 future equivalent Federal grant program;
 ``
            (ii) promote nationally recognized 
 employee safety and health programs, including 
 programs that promote best practices to lessen 
 the spread of COVID-19;
 ``
            (iii) hire workers under the Work 
 Opportunity Tax Credit with the priority 
 consideration applicable only for those 
 occupations that fall within the top five 
 Standard Occupational Classifications as 
 measured by total number of certifications by 
 occupation; or
 ``
            (iv) participate in industry 
 apprenticeship, training, or certification 
 programs.
 ``
            (i) 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

    (e)

    (2)
        (B)
            (i) 
            (I) or

    (f)

    (3)
        (B)
            (iii) ;
 ``
        (B) terminate such employment at any time, for 
 any reason;
 ``
            (C) in the case of an initial H-2C worker, after 
 one year of employment with the initial H-2C registered 
 employer, seek and accept employment with another 
 registered employer in any other registered position 
 within the terms and conditions of the H-2C 
 nonimmigrant visa; and
 ``
            (D) in the case of an H-2C worker who is no 
 longer an initial H-2C worker, or who has completed one 
 year with their initial H-2C registered employer, 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

    (e)

    (2)
        (B)
            (i) 
            (I) or

    (f)

    (3)
        (B)
            (iii) ;
 ``
        (B) terminate such employment at any time for any 
 reason if such reason is lawful for United States 
 workers;
 ``
            (C) in the case of an initial H-2C worker brought 
 into the United States by the employer to fill a 
 registered position, the employer may after the one-
 year anniversary date of that worker's employment term, 
 seek and hire another H-2C nonimmigrant to replace the 
 initial H-2C worker in accordance with subsection

    (e)

    (4) ; and
 ``
            (D) in the case of H-2C workers who are not 
 initial H-2C workers, seek and hire another H-2C 
 nonimmigrant in accordance with subsection

    (e)

    (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.
 ``

    (j) 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.
 ``

    (k) 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 Essential Workers for Economic Advancement 
 Act, 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.
 ``
        (G) The impact on local tax revenues received 
 from industries employing H-2C workers, by industry.
 ``
            (l) 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 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.
 ``

    (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.
 ``
            (m) 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

    (n)

    (2) ; or
 ``
            (C) to ensure compliance with terms and 
 conditions described in subsection
            (l) (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

    (e) , including de minimis work or work 
 incidental to the job, shall be permitted and not be cause for 
 complaint, referral, investigation, audit, or penalties.
 ``

    (n) 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
            (l) (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
            (d) (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
            (c) (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.
 ``

    (o) 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

    (e)

    (1)
        (E) 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.
 ``

    (p) 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.
 ``

    (q) Rulemaking.--Not later than 1 year after the date of the 
enactment of the Essential Workers for Economic Advancement Act, 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>