HR 6373 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 6373CommentsClose CommentsPermalink

To amend the Immigration and Nationality Act to simplify the petitioning procedure for H-2A workers, to expand the scope of the H-2A program, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 11, 2012CommentsClose CommentsPermalink

Mr. GIBSON (for himself, Mr. REED, and Mr. OWENS) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Immigration and Nationality Act to simplify the petitioning procedure for H-2A workers, to expand the scope of the H-2A program, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Family Farm Relief Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. ELECTRONIC FILING SYSTEM FOR H-2A PETITIONS.

Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall establish a process for receiving petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)). In establishing such process, the Secretary shall ensure--CommentsClose CommentsPermalink





(1) that petitioners may file such petitions over the Internet on an Internet Web page of the Secretary;CommentsClose CommentsPermalink





(2) that any software developed to process such petitions on such Internet Web page shall indicate to the petitioner any technical deficiency in the application prior to submission; andCommentsClose CommentsPermalink





(3) that each petitioner shall be able to file such petition in a paper format.CommentsClose CommentsPermalink

SEC. 3. REPEAL OF 50-PERCENT DOMESTIC WORKFORCE REQUIREMENT.

Subparagraph (B) of section 218(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1188(c)(3)) is repealed, and any rule made by the Secretary of Labor or the Secretary of Homeland Security to carry out such subparagraph may not continue in effect.CommentsClose CommentsPermalink

SEC. 4. PREVAILING PRACTICES SURVEY.

In the case of an employer petitioning under section 218 of the Immigration and Nationality Act (8 U.S.C. 1188), the submission of a prevailing practice survey regarding employment practices shall not be required.CommentsClose CommentsPermalink

SEC. 5. ALTERATION OF REGION OF REFERENCE.

Section 218(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1188(b)(3)) is amended by striking ‘within a multi-state region of traditional or expected labor supply’ and inserting ‘within an area of 150 square miles in the United States centered around the place of employment’.CommentsClose CommentsPermalink

SEC. 6. PROHIBITION AND REPEAL OF CERTAIN RULES.

(a) Rules Regarding Recruitment and Referral Requirement- The Secretary of Agriculture may not make any rule for purposes of carrying out section 218(b)(3) of the Immigration and Nationality Act that--CommentsClose CommentsPermalink





(1) requires that an employer advertise an offer of employment--CommentsClose CommentsPermalink





(A) on a particular date; orCommentsClose CommentsPermalink





(B) in a particular publication;CommentsClose CommentsPermalink





(2) requires that an employer contact workers who the employer employed in the prior year or growing season; orCommentsClose CommentsPermalink





(3) requires that an employer submit a recruitment report.CommentsClose CommentsPermalink





(b) Prohibition on Requirement of Certification by Employers-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Agriculture or the Secretary of Homeland Security may not make any rule pertaining to a petition under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act, that requires an employer to provide a certification of--CommentsClose CommentsPermalink





(A) recruitment advertisements; orCommentsClose CommentsPermalink





(B) recruitment reports.CommentsClose CommentsPermalink





(2) RULE OF CONSTRUCTION- Nothing in this section shall be construed as limiting the authority of the Secretary to require an attestation regarding such matters from any such employer.CommentsClose CommentsPermalink





(c) Repeal of Existing Rules- Any rule that is described in subsection (a) that is currently in effect may not continue in effect beginning on the date that is 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 7. INCLUSION OF CERTAIN DAIRY WORKERS.

(a) In General- 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 ‘, labor as a dairy worker’ before ‘, and the pressing of apples for cider’.CommentsClose CommentsPermalink





(b) Length of Stay for Dairy Workers- Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(j) Special Rule for Dairy Workers- Notwithstanding any other provision of this section, an H-2A worker who is admitted for purposes of performing labor as a dairy worker may be admitted for a period of not more than 12 months. At the end of that period, the Secretary of Homeland Security may not approve a petition to import that alien as an H-2A worker for a period of 3 months. Such a petition may be filed pertaining to that alien any number of times. Such petition may not be filed by any person who, at the time of filing, is an alien who is unlawfully present in the United States.’.CommentsClose CommentsPermalink

SEC. 8. REPLACEMENT OF WORKERS AND EXPEDITED ADMINISTRATIVE APPEALS.

Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188), as amended by this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(k) Replacement of Workers- On receiving notice that an H-2A worker recruited or hired by an employer has prematurely abandoned employment or has failed to appear for employment, the Secretary of State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to an eligible alien designated by the employer to replace that worker and the Secretary of Homeland Security shall expeditiously admit such alien into the United States.’.CommentsClose CommentsPermalink

SEC. 9. AGRICULTURAL ASSOCIATIONS AND POOLING OF WORKERS.

Section 218(d) of the Immigration and Nationality Act (8 U.S.C. 1188(d)) is amended to read as follows:CommentsClose CommentsPermalink





‘(d) Role of Agricultural Associations-CommentsClose CommentsPermalink





‘(1) FILING BY AGRICULTURAL ASSOCIATION PERMITTED- An application to hire an H-2A worker may be filed by an association of agricultural employers which use agricultural labor.CommentsClose CommentsPermalink





‘(2) TREATMENT OF ASSOCIATIONS ACTING AS EMPLOYERS- If an association is a joint or sole employer of H-2A workers, such H-2A workers may be transferred among its members to perform agricultural labor of the same nature for which the application was approved.CommentsClose CommentsPermalink





‘(3) TREATMENT OF VIOLATIONS-CommentsClose CommentsPermalink





‘(A) INDIVIDUAL MEMBERS- If an individual member of a joint employer association violates any condition for approval with respect to the member’s application, the Secretary of Agriculture shall deny such application only with respect to that member of the association unless the Secretary determines that the association or other member participated in, had knowledge of, or had reason to know of the violation.CommentsClose CommentsPermalink





‘(B) ASSOCIATION OF AGRICULTURAL EMPLOYERS-CommentsClose CommentsPermalink





‘(i) JOINT EMPLOYER- If an association representing agricultural employers as a joint employer violates any condition for approval with respect to the association’s application, the Secretary of Agriculture shall deny such application only with respect to the association and may not apply the denial to any individual member of the association, unless the Secretary determines that the member participated in, had knowledge of, or had reason to know of the violation.CommentsClose CommentsPermalink





‘(ii) SOLE EMPLOYER- If an association of agricultural employers approved as a sole employer violates any condition for approval with respect to the association’s application, no individual member of the association may be the beneficiary of the services of H-2A workers admitted under this section in the occupation in which such H-2A workers were employed by the association which was denied approval during the period such denial is in force.’.CommentsClose CommentsPermalink

SEC. 10. GAO REPORT.

Not later than 90 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on a study--CommentsClose CommentsPermalink





(1) evaluating the effects of introducing biometric identification cards to H-2A workers; andCommentsClose CommentsPermalink





(2) whether the usage of such identification cards would promote efforts to efficiently enforce the immigration laws and streamline the visa application and admission process for H-2A workers.CommentsClose CommentsPermalink