HARVEST Act of 2010

Summary

Helping Agriculture Receive Verifiable Employees Securely and Temporarily Act of 2010 or the HARVEST Act of 2010 - Amends the Immigration and Nationality Act to redefine "H-2A worker" to include a nonimmigrant who: (1) is seeking to perform agricultural labor in the United States in a job for which U.S. workers are not available and willing to perform such service or labor; and (2) commutes each day across the U.S. border and returns to his or her foreign residence and place of abode at the end of each business day. Defines "Level 2 H-2A worker" as an H-2A worker who has been employed as an H-2A worker for at least 30 months, has not violated a material term of H-2A employment, and works in a supervisory capacity. Sets forth employer and employee association petition and attestation requirements. Requires H-2A employers to participate in the the E-Verify program. Requires: (1) the Secretary of Labor to conduct investigations and random audits of employer work sites; and (2) the Secretary of Homeland Security (DHS) to provide each H-2A worker with a single machine-readable, counterfeit-resistant document that authorizes the alien's U.S. entry, serves as an employment eligibility document, and has at least one biometric identifier. Sets forth provisions regarding: (1) penalties; (2) working conditions, wages, transportation, and housing; (3) admissions and extensions of stay; and (4) worker replacement. Amends the Migrant and Seasonal Agricultural Worker Protection Act to: (1) limit the conditions under which the Legal Services Corporation (LSC) may provide legal assistance for any alien, or provide financial assistance to any person or entity that provides legal assistance for any alien; (2) require a good faith mediation attempt prior to bringing a civil action for damages on behalf of an H-2A worker; (3) require an H-2A employer to post LSC contact information in the dwelling and at the work site of each nonimmigrant employee in a language in which all employees can understand; and (4) require that the LSC pay a prevailing defendant's costs. Authorizes appropriations to adjudicate H-2A petitions.

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Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 29 September 2010

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 29 September 2010

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• Introduced in Senate

  summary · EN · 29 September 2010

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