,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bjjd ,,in ,,the ,,house ,,of ,,representatives ,april #f1 #bjag,mr4 ,chabot 7for himself1 ,mr4 ,chaffetz1 ,mr4 ,harris1 ,mr4 ,yoder1 and ,mr4 ,gibbs7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to modify the provisions of the ,immigration and ,nationality ,act relating to nonimmigrant visas issued under section #aja7;a77#ae77;,h77ii77b7 of such ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strengthen ,employment ,and ,seasonal ,opportunities ,now 7,,season7 ,act4 #b4 ,h-#b;,b numerical limitations 7a7 ,in general ,section #bad7;g77#i77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#i77;,a77 is amended to read as follows3 7,a7 ,subject to subparagraphs 7,b7 and 7,c71 an alien who has already been counted toward the numerical limitation of paragraph 7#a77;,b7 during a fiscal year shall not again be counted toward such limitation during each succeeding consecutive fiscal year in which the alien is issued a visa or otherwise provided nonimmigrant status under section #aja7;a77#ae77;,h77ii77b74 ,such an alien shall be considered a returning worker4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect as if enacted on ,january #a1 #bjag4 #c4 ,h-#b;,b temporary non-agricultural work visa program 7a7 ,definition ,section #bad7;g77#i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#i77 is amended by adding at the end the following3 7,d7 ,for purposes of section #aja7;a77#ae77;,h77ii77b71 the term other temporary service or labor means that an employer's need for labor will last not more than #a year and is a seasonal1 peak load1 or intermittent need1 unless it is a one-time occurrence lasting not longer than #c years4 ,for purposes of the preceding sentence1 a seasonal need for labor is a need for labor that lasts not longer than #aj months4 4 7b7 ,admission of temporary ,h-#b;,b workers ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by inserting after section #bah the following3 #bah;,a4 ,admission of temporary ,h-#b;,b workers 7a7 ,definitions ,in this section3 7#a7 ,the term ,h-#b;,b worker means a nonimmigrant described in section #aja7;a77#ae77;,h77ii77b74 7#b7 ,the term ,united ,states worker means any worker who is-- 7,a7 a citizen or national of the ,united ,states2 or 7,b7 an alien who is lawfully admitted for permanent residence1 is admitted as a refugee under section #bjg1 is granted asylum under section #bjh1 or is an immigrant otherwise authorized by this ,act to be employed4 7#c7 ,the term displace means to lay off a worker from a job that is essentially equivalent to the job for which an ,h-#b;,b worker is sought4 ,a job shall not be considered to be #8essentially equivalent' to another job unless the job-- 7,a7 involves essentially the same responsibilities as such other job2 7,b7 was held by a ,united ,states worker with substantially equivalent qualifications and experience2 and 7,c7 is located in the same area of employment as the other job4 7#d7 ,the term layoff-- 7,a7 means to cause a worker's loss of employment1 other than through a discharge for inadequate performance1 violation of workplace rules1 cause1 voluntary departure1 voluntary retirement1 or the expiration of a grant or contract 7other than a temporary employment contract entered into in order to evade a condition described in subsection 7b77#b77;,g772 and 7,b7 does not include any situation in which the worker is offered1 as an alternative to such loss of employment1 a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged1 regardless of whether or not the employee accepts the offer4 7#e7 ,the term full time means #cj or more hours per week1 except that where a ,state or an established practice in an industry has developed a definition of full-time employment for any occupation that is less than #cj hours per week1 that definition shall have precedence4 7#f7 ,the term prevailing wage means-- 7,a7 if the job opportunity is covered by a collective bargaining agreement that was negotiated at arms' length between the union and the employer1 the wage rate set forth in the collective bargaining agreement2 7,b7 if the ,h-#b;,b worker is a professional athlete whose job opportunity is covered by professional sports league rules or regulations1 the wage set forth in section #bab7p77#b72 and 7,c7 if subparagraphs 7,a7 and 7,b7 do not apply1 at the employer's option-- 7i7 the wage rate provided by the ,department of ,homeland ,security that reflects the mean wage of workers similarly employed at the skill level in the area of employment based on ,bureau of ,labor ,statistics data2 or 7ii7 the wage rate indicated by a wage survey prepared by an entity other than the ,federal ,government where-- 7,i7 the survey data was collected within #bd months2 7,,ii7 the survey was published within the prior #bd months2 7,,iii7 the employer's job description adequately matches the job description in the survey2 7,,iv7 the survey reflects the area of intended employment1 if there are substantially comparable jobs in the area of intended employment2 7,v7 the survey is across industries that employ workers in the occupation2 7,,vi7 the wage determination reflects the mean wage of workers similarly employed 7and1 at the employer's discretion1 at the same skill level7 in the area of intended employment2 and 7,,vii7 the survey identifies a statistically valid methodology that was used to collect the data4 7b7 ,petitions 7#a7 ,in general ,an employer that seeks to employ an alien as an ,h-#b;,b worker shall file with the ,secretary of ,homeland ,security a petition 7and shall not be required to make any additional filings with the ,secretary of ,labor74 7#b7 ,contents ,in the petition1 the employer shall include the following3 7,a7 ,the number of named and unnamed ,h-#b;,b workers the employer is seeking to employ4 7,b7 ,the reason for the employer's temporary 7consistent with section #bad7;g77#i77;,d77 and full time need for the ,h-#b;,b workers and the occupations sought4 7,c7 ,the area of employment and worksites of the ,h-#b;,b workers1 except that for itinerant industries that do not operate in a single fixed-site location1 an employer shall provide a list of work locations4 7,d7 ,the time period during which the ,h-#b;,b workers will be needed 7the work period71 including whether actual entry will be staggered4 7#c7 ,attestations ,in the petition1 the employer shall attest to the following3 7,a7 ,the employer's need for nonagricultural services or labor is temporary 7consistent with section #bad7;g77#i77;,d771 and full time4 7,b7 ,the work period1 reason for temporary need1 and number of positions being requested have been truly and accurately stated in the petition4 7,c7 ,the employer is offering terms and working conditions normal to ,u4,s4 workers similarly employed in the area of intended employment4 7,d7 ,the employer will provide to each ,h-#b;,b worker covered by the petition1 prior to the submission of the ,h-#b;,b worker's visa application1 written disclosure of the terms and conditions of their employment4 7,e7 ,the employer conducted recruitment for ,united ,states workers consistent with paragraph 7#d7 before filing the petition and was unsuccessful in locating sufficient qualified ,united ,states workers for the job opportunity for which the ,h-#b;,b workers are sought4 7,f7 ,the employer will provide or reimburse transportation expenses to an ,h-#b;,b worker consistent with the following rules3 7i7 ,if an ,h-#b;,b worker completes #ej percent of the work period set forth in the petition1 the employer shall pay the ,h-#b;,b worker for the reasonable costs 7including daily subsistence7 incurred by the worker for transportation from the ,united ,states consulate that issued their visa1 or1 if already lawfully present in the ,united ,states in ,h-#b;,b status or otherwise1 from their previous place of residence in the ,united ,states1 to the place of their employment as an ,h-#b;,b worker4 7ii7 ,in addition to an employer's obligations under section #bad7;c77#e77;,a71 if an ,h-#b;,b worker completes the work period set forth in the petition1 and is leaving the ,united ,states1 the employer shall pay the ,h-#b;,b worker for the reasonable costs 7including daily subsistence7 incurred by the worker for transportation from the place of their employment as an ,h-#b;,b worker to the ,united ,states consulate that issued their visa4 7,g7 ,the employer has not and will not displace ,united ,states workers employed by the employer during the period of employment of the ,h-#b;,b workers and for a period of #fj days preceding such period in the occupation and at the area of employment set forth in the petition4 7,h7 ,the specific job opportunity that is the subject of the petition is not vacant because the former workers in that specific job are on strike or locked out in the course of a labor dispute4 7,i7 ,the employer shall pay the ,h-#b;,b workers1 and any ,united ,states worker hired in response to the recruitment required by subparagraph 7,e71 the greatest of-- 7i7 the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question2 7ii7 the applicable ,federal1 ,state1 or local minimum wage1 whichever is greatest2 or 7iii7 the prevailing wage level for the occupational classification in the area of employment4 7,j7 ,the employer shall notify the ,secretary of ,homeland ,security within #b work days of-- 7i7 an ,h-#b;,b worker failing to report for work within #e work days after the employment start date stated on the petition2 7ii7 the labor or services for which the ,h-#b;,b worker was hired being completed more than #cj days early2 or 7iii7 the employer discovering that an ,h-#b;,b worker has failed to report for work at the regularly scheduled time for #e or more consecutive working days without the consent of the employer4 7,k7 ,the employer-- 7i7 has not collected and will not collect any job placement fee1 payment for any activity related to preparing or filing the petition1 or other compensation from a beneficiary of an ,h-#b;,b petition as a condition of an offer of employment or a condition of ,h-#b;,b employment 7other than any government-mandated passport1 visa1 or inspection fees72 7ii7 has contractually forbidden any agent1 attorney1 facilitator1 recruiter1 or similar employment service from collecting such fees2 and 7iii7 shall ensure that the fees are reimbursed in full1 if at any point the employer learns or has reason to know that any agent1 attorney1 facilitator1 recruiter1 or similar employment service has been paid such fees4 7#d7 ,effect of notice ,an employer who notifies the ,secretary of ,homeland ,security in accordance with paragraph 7#c77;,j7 may designate an eligible alien to replace an ,h-#b;,b worker who fails to report for work notwithstanding the numerical limitation in section #bad7;g77#a77;,b74 7#e7 ,recruitment 7,a7 ,in general ,the recruitment required by paragraph 7#c77;,e7 is satisfied if the employer-- 7i7 prior to filing the petition1 placed a local job order with the ,state workforce agency serving the local area or areas where the work will be performed 7or in the case of an itinerant employer1 where the job is to begin71 except that nothing in this clause shall require the employer to file an interstate job order under section #fec of title #bj1 ,code of ,federal ,regulations4 ,the ,state workforce agency shall post the job order on its official agency website for a minimum of #cj days and not later than #c days after receipt using the employment statistics system authorized under section #ae of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b72 7ii7 offered or will offer ,united ,states workers not less than the same benefits1 wages1 and working conditions that the employer is offering1 intends to offer1 or will provide to ,h-#b;,b workers2 7iii7 does not impose on recruited ,united ,states workers any restrictions or obligations which will not be imposed on the employer's ,h-#b;,b workers2 and 7iv7 has offered or will offer the job for which the ,h-#b;,b worker7s7 are sought1 unless the employer has a lawful1 job-related reason not to do so1 to any eligible ,united ,states worker who-- 7,i7 applies2 7,,ii7 is qualified for the job2 and 7,,iii7 will be available at the time and place of need4 7,b7 ,termination ,the requirement to offer a job to a ,united ,states worker ceases to apply as of the date the petition is approved4 7c7 ,application process 7#a7 ,acceptance of petitions ,an employer may file a petition during the period that begins on the #ijth day1 and ends on the #east day1 before the first date the employer requires the labor or services of a petitioned-for ,h-#b;,b worker4 7#b7 ,adjudication of petitions ,the ,secretary of ,homeland ,security-- 7,a7 shall approve the petition if the ,secretary determines that the employer-- 7i7 has established that the need for the nonagricultural services or labor to be performed is temporary in nature and that the number of worker positions being requested is justified and represents bona fide job opportunities2 7ii7 made the attestations required in subsection 7b72 and 7iii7 has complied with all other requirements of this section2 and 7,b7 shall submit notice to the petitioner of approval or nonapproval not later than the later of #de days prior to the first date the employer requires the labor or services of a petitioned-for ,h-#b;,b worker1 or #ba days following the date the employer files a petition for the ,h-#b;,b worker4 7#c7 ,expedited administrative appeals ,the ,secretary of ,homeland ,security shall promulgate regulations to provide for an expedited procedure for the review of a denial of a petition under this section by the ,secretary1 which may include1 at the petitioner's request1 a de novo administrative hearing regarding the denial of a petition at which new evidence may be introduced4 7d7 ,admission of an ,h-#b;,b worker ,an ,h-#b;,b worker shall be admitted to the ,united ,states for the duration of the work period in the petition1 plus a period of up to #aj days before the work period begins and #aj days after the work period ends4 ,an ,h-#b;,b worker is not authorized to be employed except during the work period set forth in the petition4 7e7 ,limitation on an ,h-#b;,b worker's stay in status ,an ,h-#b;,b worker who has spent #c years in the ,united ,states under section #aja7;a77#ae77;,h7 and 7,l7 may not seek extension of stay1 change status1 or be readmitted to the ,united ,states pursuant to these provisions of such section unless the alien has resided and been physically present outside the ,united ,states for the immediately preceding #c months4 ,this limitation shall not apply to aliens who did not reside continually in the ,united ,states and whose employment in the ,united ,states was seasonal or intermittent or was for an aggregate of #f months or less per year4 7f7 ,housing ,an employer is not required to provide housing or a housing allowance to an ,h-#b;,b worker4 4 7c7 ,enforcement ,section #bad7;c77#ad7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#ad77 is amended-- 7#a7 by striking subparagraph 7,b72 and 7#b7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively4 7d7 ,clerical amendment ,the table of contents of the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #bah the following3 #bah;,a4 ,admission of temporary ,h-#b;,b workers4 4 #d4 ,eligibility for ,federal public benefits and refundable tax credits 7a7 ,federal public benefits ,an ,h-#b;,b worker 7as defined in section #bah;,a7a77#a7 of the ,immigration and ,nationality ,act1 as inserted by section #c of this ,act7-- 7#a7 is not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf2 7#b7 shall be subject to the rules applicable to individuals who are not lawfully present set forth in subsection 7e7 of such section2 and 7#c7 shall be subject to the rules applicable to individuals who are not lawfully present set forth in section #adjb7;e7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7;e774 7b7 ,refundable tax credits ,an ,h-#b;,b worker 7as defined in section #bah;,a7a77#a7 of the ,immigration and ,nationality ,act1 as inserted by section #c of this ,act7 shall not be allowed any credit under section #bd or #cb of the ,internal ,revenue ,code of #aihf4 ,in the case of a joint return1 no credit shall be allowed under either such section if both spouses are such a worker or alien4 #e4 ,regulations ,the ,department of ,labor ,h-#b;,b program regulations published at #gc ,fed4 ,reg4 #ghjbj et seq4 7#bjjh7 shall be in force for all petitions submitted under section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b77 beginning on the date of the enactment of this ,act until the effective date of regulations implementing this ,act4 ,not later than #ab months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall promulgate regulations1 in accordance with the notice and comment provisions of section #eec of title #e1 ,united ,states ,code1 to implement the ,secretary's duties under this ,act4 ,the ,secretary of ,homeland ,security shall have the exclusive authority to make rules to implement this ,act4