S.Amdt. 2068

SA 2068. Mr. ROUNDS submitted an amendment intended to be proposed by
him to the bill S. 4361, making emergency supplemental appropriations
for border security and combatting fentanyl for the fiscal year ending
September 30, 2024, and for other purposes; which was ordered to lie on
the table; as follows:

On page 240, after line 24, add the following:

SEC. 406. EXCLUDING RETURNING H-2B WORKERS FROM ANNUAL CAP.

(a) In General.--Section 214(g)(9)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended to
read as follows:
``(A)(i) Except as provided in clause (ii), and subject to
subparagraphs (B) and (C), an alien who has already been
counted toward the numerical limitation under paragraph
(1)(B) during 1 of the 3 preceding fiscal years shall not be
counted again toward such limitation during the current
fiscal year and shall be considered a returning worker.
``(ii) An alien who has already been counted toward the
numerical limitation under paragraph (1)(B) shall be counted
again toward such limitation if such alien--
``(I) departs the United States for a period longer than 1
year;
``(II) was not counted toward such limitation in any of the
3 most recent fiscal years; or
``(III) violated his or her status during the authorized
period of stay.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2024.
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