S.Amdt. 1668
What it does: Adds SEC. __. FLEXIBILITY WITH RESPECT TO CROSSING OF H-2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY wherever appropriate
Sen. Mark R. Warner (D-VA)What it changes
1 change to S. 744
Adds SEC. __. FLEXIBILITY WITH RESPECT TO CROSSING OF H-2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY wherever appropriate
Adds a sectionInserted: SEC. __. FLEXIBILITY WITH RESPECT TO CROSSING OF H-2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY.
Inserted: (a) In General.--Subject to subsection (b), if an employer in the seafood industry 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.
Inserted: (b) Requirements for Crossings After 90th Day.--An employer in the seafood industry may not bring H-2B nonimmigrants into the United States under subsection (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--
Inserted: (1) completes a new assessment of the local labor market by--
Inserted: (A) listing job orders on local newspapers on 2 separate Sundays; and
Inserted: (B) posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer's place of employment; and
Inserted: (2) 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.
Inserted: (c) Exemption From Rules With Respect to Staggering.--The Secretary of Labor shall not consider an employer in the seafood industry who brings H-2B nonimmigrants into the United States during the 120-day period specified in subsection (a) to be staggering the date of need in violation of any applicable provision of law.
Inserted: (d) H-2B Nonimmigrant Defined.--In this section, the term "H-2B nonimmigrant" means an alien admitted to the United States pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)).
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Original wording
At the appropriate place, insert the following:
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As printed
SA 1668. Mr. WARNER (for himself, Ms. Mikulski, Mr. Wicker, Mr. Kaine, Ms. Murkowski, Ms. Landrieu, and Mr. Cochran) 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:
At the appropriate place, insert the following:
SEC. __. FLEXIBILITY WITH RESPECT TO CROSSING OF H-2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY.
(a) In General.--Subject to subsection (b), if an employer in the seafood industry 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 in the seafood industry may not bring H-2B nonimmigrants into the United States under subsection (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--
(1) completes a new assessment of the local labor market by--
(A) listing job orders on local newspapers on 2 separate Sundays; and
(B) posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer's place of employment; and
(2) 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 in the seafood industry who brings H-2B nonimmigrants into the United States during the 120-day period specified in subsection (a) to be staggering the date of need in violation of any applicable provision of law.
(d) H-2B Nonimmigrant Defined.--In this section, the term “H-2B nonimmigrant” means an alien admitted to the United States pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)).
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Senate amendment submitted
June 25, 2013