H.R. 3232

H-2A Improvement Act

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I

112th CONGRESS

1st Session

H. R. 3232

IN THE HOUSE OF REPRESENTATIVES

October 14, 2011

Mr. Owens (for himself, Mr. Welch, Ms. Hochul, and Mr. Hanna) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To improve the H–2A agricultural worker program for use by dairy workers, sheepherders, and goat herders, and for other purposes.

1.

Short title

This Act may be cited as the H–2A Improvement Act.

2.

Nonimmigrant status for dairy workers, sheepherders, and goat herders

Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by inserting who is coming temporarily to the United States to perform agricultural labor or services as a dairy worker, sheepherder, or goat herder, or after abandoning.

3.

Special rules for aliens employed as dairy workers, sheepherders, or goat herders

Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended—

(1)

by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and

(2)

by inserting after subsection (g) the following:

(h)

Special rules for aliens employed as dairy workers, sheepherders, or goat herders

(1)

In general

Notwithstanding any other provision of this Act, an alien admitted as a nonimmigrant under section 101(a)(15)(H)(ii)(a) for employment as a dairy worker, sheepherder, or goat herder—

(A)

may be admitted for an initial period of 3 years; and

(B)

subject to paragraph (3)(E), may have such initial period of admission extended for an additional period of up to 3 years.

(2)

Exemption from temporary or seasonal requirement

Not withstanding section 101(a)(15)(H)(ii)(a), an employer filing a petition to employ H–2A workers in positions as dairy workers, sheepherders, or goat herders shall not be required to show that such positions are of a seasonal or temporary nature.

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