S.Amdt. 1719

1. Adds SEC. ___. AGRICULTURAL WORKERS wherever appropriate

   Adds a section

   Inserted: SEC. ___. AGRICULTURAL WORKERS.

   Inserted: (a) Submission of Blue Card Status Applications From Outside of the United States.--The Secretary shall ensure that aliens residing outside of the United States who are eligible to submit an application for Blue Card status under section 2211 are able to do so through the United States Consulate in the alien's country of residence.

   Inserted: (b) Record of Employment.--An employer shall not be required to provide, to the Secretary of Agriculture or to each alien granted blue card status who is employed by the employer, a written record of employment more than once per year.

   Inserted: (c) Sufficient Evidence.--An alien who cannot meet the burden of proof otherwise required under section 245F(e)(4)(A) of the Immigration and Nationality Act, as added by section 2212 of this Act, may, in an interview with the Secretary, establish that the alien has performed the days or hours of work referred to in such section by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference.

   Inserted: (d) Allocation of Visas.--Section 218A(c)(1)(B), as added by section 2232 of this Act, is amended to read as follows:

   Inserted: "(B) Allocation of visas.--

   Inserted: "(i) In general.--The allocation of visas described in subparagraph (A) for a year shall be allocated as follows:

   Inserted: "(I) 70 percent shall be available beginning January 1.

   Inserted: "(II) 30 percent shall be available beginning July 1.

   Inserted: "(ii) Unused visas.--Any visas available on January 1 of a year under clause (i)(I) that are unused as of July 1 of that year shall be added to the allocation available to allocation available on July 1 of that year under clause (i)(II).".

   Inserted: (e) Transition of H-2A Worker Program.--Notwithstanding section 2233, an employer--

   Inserted: (1) may petition to employ an alien pursuant to section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (1101(a)(15)(H)(ii)(a)) until the date that is 3 years after the date on which the regulations issued pursuant to section 2241(b) become effective; and

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   Inserted: (2) may not employ an alien described in paragraph (1) after the date specified in such paragraph.

   Inserted: (f) Effective Date.--Notwithstanding paragraph (4) of section 2233(b), the amendments made by such section shall take effect on the date that is 3 years after the effective date of the regulations issued pursuant to section 2241(b).

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As printed