Under the H-2A Temporary Agricultural Program, employers may hire temporary foreign agricultural workers if the domestic labor market can’t fill the employer’s needs. Under the program, the employer must first publicly disclosure the material terms sof employment, and then if too few domestic workers show up, the employer can hire foreigners. This decision holds that a mandatory arbitration clause is a material term of employment and so must be disclosed under the H-2A program. Because this defendant employer did not so disclose its mandatory arbitration clause, it could not enforce the clause against a plaintiff employee.