,,ii #aacth ,,congress #ast ,session ,s4 #hia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #h1 #bjac ,mr4 ,merkley introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to increase the employment of ,americans by requiring ,state workforce agencies to certify that employers are actively recruiting ,americans and that ,americans are not qualified or available to fill the positions that the employer wants to fill with ,h-#b;,b nonimmigrants4 #a4 ,short title ,this ,act may be cited as the ,american ,jobs in ,american ,forests ,act of #bjac4 #b4 ,definitions ,in this ,act3 7#a7 ,forestry ,the term forestry means-- 7,a7 propagating1 protecting1 and managing forest tracts2 7,b7 felling trees and cutting them into logs2 7,c7 using hand tools or operating heavy powered equipment to perform activities such as preparing sites for planting1 tending crop trees1 reducing competing vegetation1 moving logs1 piling brush1 and yarding and trucking logs from the forest2 7,d7 planting seedlings and trees2 and 7,e7 preventing1 controlling and extinguishing fires4 7#b7 ,h-#b;,b nonimmigrant ,the term ,h-#b;,b nonimmigrant means a nonimmigrant described in section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b774 7#c7 ,prospective ,h-#b;,b employer ,the term prospective ,h-#b;,b employer means a ,united ,states business that is considering employing #a or more nonimmigrants described in section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b774 7#d7 ,state workforce agency ,except as used in section #c1 the term ,state workforce agency means the workforce agency of the ,state in which the prospective ,h-#b;,b employer intends to employ ,h-#b;,b nonimmigrants4 #c4 ,department of ,labor 7a7 ,recruitment ,as a component of the labor certification process required before ,h-#b;,b nonimmigrants are offered forestry employment in the ,united ,states1 the ,secretary of ,labor shall require all prospective ,h-#b;,b employers1 before they submit a petition to hire ,h-#b;,b nonimmigrants to work in forestry1 to conduct a robust effort to recruit ,united ,states workers1 including-- 7#a7 advertising at employment or job-placement events1 such as job fairs2 7#b7 advertising with ,state or local workforce agencies1 nonprofit organizations1 or other appropriate entities1 and working with such entities to identify potential employees2 7#c7 advertising in appropriate media1 including local radio stations and commonly used1 reputable ,internet job-search sites2 and 7#d7 such other recruitment strategies as the ,state workforce agency considers appropriate for the sector or positions for which ,h-#b;,b nonimmigrants would be considered4 7b7 ,separate petitions ,a prospective ,h-#b;,b employer shall submit a separate petition for each ,state in which the employer plans to employ ,h-#b;,b nonimmigrants in forestry for a period of #g days or longer4 #d4 ,state workforce agencies ,the ,secretary of ,labor may not grant a temporary labor certification to a prospective ,h-#b;,b employer seeking to employ ,h-#b;,b nonimmigrants in forestry until after the ,director of the ,state workforce agency-- 7#a7 has formally consulted with the workforce agency director of each contiguous ,state listed on the prospective ,h-#b;,b employer's application and determined that-- 7,a7 the employer has complied with all recruitment requirements set forth in section #c and there is a legitimate demand for the employment of ,h-#b;,b nonimmigrants in each of those ,states2 or 7,b7 the employer has amended the application by removing or making appropriate modifications with respect to the ,states in which the criteria set forth in subparagraph 7,a7 have not been met2 7#b7 certifies that the prospective ,h-#b;,b employer has complied with all recruitment requirements set forth in section #c or any other applicable provision of law2 and 7#c7 makes a formal determination that nationals of the ,united ,states are not qualified or available to fill the employment opportunities offered by the prospective ,h-#b;,b employer4