employs such aliens in the commodity and occupation in question directly or through an association which is a joint employer of such workers with the producer member. (5) Special procedures The Secretary of Labor, in consultation with the Secretary of Agriculture and Secretary of Homeland Security, may by regulation establish alternate procedures that reasonably modify program requirements under this section, when the Secretary determines that such modifications are required due to the unique nature of the work involved. (6) Construction occupations (A) In general Unless the employer is an agricultural producer, an employer may not file a petition under this section on behalf of a worker when the majority of the worker’s duties will fall within a construction or extraction occupational classification. (B) Clarification An H–2A worker may only perform duties that fall within a construction or extraction occupational classification if such duties are agricultural labor or services. (i) Non-Temporary or -Seasonal needs (1) In general Notwithstanding section 101(a)(15)(H)(ii)(a), the Secretary of Homeland Security may, consistent with the provisions of this subsection, approve a petition for an H–2A worker to perform agricultural services or labor that is not of a temporary or seasonal nature. (2) Numerical limitations (A) First 3 fiscal years The total number of aliens who may be issued visas or otherwise provided H–2A nonimmigrant status under paragraph (1) for the first fiscal year during which the first visa is issued under such paragraph and for each of the following two fiscal years may not exceed 20,000. (B) Fiscal years 4 through 10 (i) In general The total number of aliens who may be issued visas or otherwise provided H–2A nonimmigrant status under paragraph (1) for the first fiscal year following the fiscal years referred to in subparagraph (A) and for each of the following six fiscal years may not exceed a numerical limitation jointly imposed by the Secretary of Agriculture and Secretary of Labor in