S.Amdt. 1534

SA 1534. Mr. WARNER (for himself, Ms. Mikulski, Mr. Wicker, Mr. Kaine, and Ms. Murkowski) submitted an amendment intended to be proposed by him to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 1787, between lines 10 and 11, and insert the following:

“(3) Flexibility with respect to crossing of h-2b nonimmigrants.--

“(A) In general.--Subject to subparagraph (B), if an employer files a petition for H-2B nonimmigrants and that petition is granted, the employer may bring the H-2B nonimmigrants for which the petition was granted into the United States at any time during the 120-day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition.

“(B) Requirements for crossings after 90th day.--An employer may not bring H-2B nonimmigrants into the United States under subparagraph (A) after the date that is 90 days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer--

“(i) completes a new assessment of the local labor market by--

“(I) listing job orders on local newspapers on 2 separate Sundays; and

“(II) posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer's place of employment; and

“(ii) offers the job to an equally or better qualified United States worker who will be available at the time and place of need and who applies for the job.

“(C) Exemption from rules with respect to staggering.--The Secretary of Labor shall not consider an employer who brings H-2B nonimmigrants into the United States during the 120-day period specified in subparagraph (A) to be staggering the date of need in violation of any applicable provision of law.