Definitions

(a) In general In this Act, the terms agricultural labor or services, date of hire, recruit, refer, and unauthorized alien, have the meanings given such terms in section 274A(i) of the Immigration and Nationality Act, as amended by subsection (b). (b) Amendments to the Immigration and Nationality Act Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended— (1) in subsection (h), by striking paragraph (3); and (2) by adding at the end the following: (i) Definitions In this section: (1) Agricultural labor or services The term agricultural labor or services — (A) has the meaning given such term by the Secretary of Agriculture, by regulation; and (B) includes— (i) agricultural labor (as defined in section 3121(g) of the Internal Revenue Code of 1986); (ii) agriculture (as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f))); (iii) all activities required for the preparation, processing, or manufacturing of a product of agriculture (as defined in such section 3(f)) for further distribution; and (iv) the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state. (2) Date of hire The term date of hire means the date of commencement of employment for wages or other remuneration. (3) Recruit (A) In general Except as provided in subparagraph (B), the term recruit means the act of soliciting a person who is in the United States, directly or indirectly, and referring the person to another with the intent of obtaining employment for that person. (B) Exceptions The term recruit only applies to persons or entities referring for remuneration (whether on a retainer or contingency basis) except that the term applies to— (i) union hiring halls that refer union members or nonunion individuals who pay union membership dues regardless of whether they receive remuneration; and (ii) labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit that recruit, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. (4) Refer (A) In general Except as provided in subparagraph (B), the term refer means the act of sending or directing a person who is in the United States or transmitting documentation or information to another, directly or indirectly, with the intent of obtaining employment in the United States for such person. (B) Exceptions The term refer only applies to persons or entities referring for remuneration (whether on a retainer or contingency basis) except that the term applies to— (i) union hiring halls that refer union members or nonunion individuals who pay union membership dues regardless of whether they receive remuneration; and (ii) labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit, that refer, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. (5) Unauthorized alien The term unauthorized alien means, with respect to the employment of an alien at a particular time, an alien who is not— (A) an alien lawfully admitted for permanent residence; or (B) otherwise authorized to be employed under this Act or by the Secretary of Homeland Security..