To modify the criteria for excluding certain H-2B workers from the numerical limitations under section 214(g)(1)(B) of the Immigration and Nationality Act.

SA 555. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 387 proposed by Ms. Mikulski (for herself, Mr. Allen, Mr.
Leahy, Mr. Corzine, Mr. Warner, Mr. Jeffords, Mr. Sarbanes, Mr. Dayton,
Mr. Kennedy, Ms. Landrieu, Mr. Reed, Mr. Lautenberg, Mr. Feingold, Mr.
Dorgan, Mr. Kerry, Mr. Conrad, Mr. Thomas, Mr. Stevens, Mr. DeWine, Mr.
Coleman, Ms. Snowe, and Ms. Collins) to the bill H.R. 1268, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2005, to establish and rapidly implement regulations for
State driver's license and identification document security standards,
to prevent terrorists from abusing the asylum laws of the United
States, to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego border
fence, and for other purposes; as follows:

On page 2, strike lines 5 through 11, and insert the
following:
``(9)(A) Subject to subparagraphs (B) and (C), an alien
counted toward the numerical limitations of paragraph (1)(B)
during any 1 of the 3 fiscal years prior to the submission of
a petition for a nonimmigrant worker described in section
101(a)(15)(H)(ii)(b) may not be counted toward such
limitation for the fiscal year in which the petition is
approved.
``(B) A petition referred to in subparagraph (A) shall
include, with respect to an alien--
``(i) the full name of the alien; and
``(ii) a certification to the Department of Homeland
Security that the alien is a returning worker.
``(C) An H-2B visa for a returning worker shall be approved
only if the name of the individual on the petition is
confirmed by--
``(i) the Department of State; or

[[Page S3954]]

``(ii) if the alien is visa exempt, the Department of
Homeland Security.''.
______