[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3734 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 3734

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2023

  Mr. Smucker (for himself 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 
   Accountability, 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>