To modify provisions relating to labor certification.

1. Inserts new text on page 265, between lines 7 and 8

   InsertsPrinted page

   Inserted: (b) Required Procedure.--Except where the Secretary of Labor has determined that there is a shortage of United States workers in the occupation and area of intended employment for which the H-2C nonimmigrant is sought--

   Inserted: (1) Efforts to recruit united states workers.--During the period beginning not later than 90 days prior to the date on which a petition is filed under subsection (a)(1), and ending on the date that is 14 days prior to the date on which the petition is filed, the employer involved shall take the following steps to recruit United States workers for the position for which the H-2C nonimmigrant is sought under the petition:

   Inserted: (A) Submit a copy of the job opportunity, including a description of the wages and other terms and conditions of employment and the minimum education, training, experience and other requirements of the job, to the State Employment Service Agency that serves the area of employment in the State in which the employer is located.

   Inserted: (B) Authorize the State Employment Service Agency to post the job opportunity on the Internet through the website for America's Job Bank, with local job banks, and with unemployment agencies and other labor referral and recruitment sources pertinent to the job involved.

   Inserted: (C) Authorize the State Employment Service Agency to notify labor organizations in the State in which the job is located, and if applicable, the office of the local union which represents the employees in the same or substantially equivalent job classification of the job opportunity.

   Inserted: (D) Post the availability of the job opportunity for which the employer is seeking a worker in conspicuous locations at the place of employment for all employees to see.

   Inserted: (2) Efforts to employ united states workers.--An employer that seeks to employ an H-2C nonimmigrant shall--

   Inserted: (A) first offer the job to any eligible United States worker who applies, is qualified for the job and is available at the time of need, nothwithstanding any other valid employment criteria.

   Original wording

   On page 265, between lines 7 and 8, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed