The easiest way to email your members of CongressDonate Now
H.R.6373 - Family Farm Relief Act of 2012
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.
Loading Bill Text
Rollover any line of text to comment and/or link to it.
SECTION 1. SHORT TITLE.
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 (
(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
SEC. 3. REPEAL OF 50-PERCENT DOMESTIC WORKFORCE REQUIREMENT.
Subparagraph (B) of section 218(c)(3) of the Immigration and Nationality Act (
SEC. 4. PREVAILING PRACTICES SURVEY.
In the case of an employer petitioning under section 218 of the Immigration and Nationality Act (
SEC. 5. ALTERATION OF REGION OF REFERENCE.
Section 218(b)(3) of the Immigration and Nationality Act (
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) 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
(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 (
‘(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.
‘(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.
‘(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
‘(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
‘(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.
(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