Definitions

Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended— (1) in paragraph (15)(H)(ii)(a) by striking, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121(g) of the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), and the pressing of apples for cider on a farm, of a temporary or seasonal nature, and inserting of a temporary nature; and (2) by adding at the end the following: (53) The term ‘agricultural labor or services’ has the meaning given such term by the Secretary of Agriculture in regulations and includes— (A) agricultural labor (as such term is defined in section 3121(g) of the Internal Revenue Code of 1986, notwithstanding the limitations set forth in paragraphs (4)(A) or (4)(B) of such section); (B) agriculture (as such term is defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f))); (C) the handling, planting, drying, packing, packaging, processing, freezing, or grading of any agricultural or horticultural commodity in its unmanufactured state, without regard to the ownership or location of such facilities or activities; (D) the transportation and preparation for transportation of any agricultural or horticultural commodity, in its unmanufactured state from the farm to the place of storage, first processing or first marketing; (E) pine straw gathering and reforestation activities; (F) aquaculture activities, including the primary processing of seafood; (G) activities related to the management and training of equines; (H) the pressing of apples for cider on a farm, or logging employment; (I) the installation of horticulture commodities; and (J) the harvest and processing of meat and poultry, which shall only include the slaughter of animals and the breakdown of carcasses. (54) The term temporary means, for the purposes of paragraph (15)(H)(ii)(a), work performed pursuant to a contract with a term of less than 350 days, without regard to the approved employer’s underlying need or nature of the job..