; (B) does not qualify for status under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(a) ); and (C) is, and during the 2-year period preceding the date of the filing of the application under subsection (c) has been, employed by the sponsoring employer described in subsection(c)(2) in an agricultural labor or services occupation not of a seasonal nature. (2) Definition For purposes of this section, the term agricultural labor or services includes— (A) agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986; (B) agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(f) ); (C) all activities required for the preparation, processing or manufacturing of a product of agriculture (as such term is defined in such section 3(f)), or fish or shellfish, for further distribution; (D) 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; (E) dairy cattle and milk production; (F) range production of livestock; (G) sheep herding or goat herding; (H) commercial beekeeping and pollination; (I) animal shearing; (J) the killing of animals for meat or poultry processing and the breakdown of their carcasses