H.R. 5494

[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>