Sec. 5. Processing of H–2B visa petitions by the Department of Homeland Security
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Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Labor, shall issue regulations that establish the necessary procedures for processing visa petitions for H–2B nonimmigrants in accordance with the provisions of this Act and the amendments made by this Act. The Secretary shall have exclusive authority, which may not be delegated outside the Department of Homeland Security, to issue rules and final determinations with respect to the visa program for H–2B nonimmigrants.
Not later than 5 business days after the date an employer files a premium processing petition and not later than 15 business days after the date an employer files any other petition for an H–2B nonimmigrant, the Secretary shall— accept the petition if the Secretary has determined that— the employer has established the need for non-agricultural services or labor to be performed is temporary in nature; the number of workers being requested is justified; the employer has made the attestations required under section 218A of the Immigration and Nationality Act, as added by section 4(a); and the employer has complied with— all of the requirements under such section 218A; other provisions of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ); and this Act; submit to the petitioner notice of acceptance or nonacceptance of the petition using electronic or other means assuring expedited delivery; and if the petition is accepted, submit to the relevant United States consulate notice of acceptance of the petition using electronic or other means assuring expedited delivery if the petitioner has indicated that the alien beneficiaries will apply for United States visas at such consulate.
The Secretary may not reduce the number of positions an employer will receive pursuant to a petition that the Secretary accepts pursuant to this subsection because the employer hires or offers employment to a United States worker for the position before the date on which the employer indicated in the petition that workers were needed to begin work. Once the Secretary determines that a sufficient number of petitions for H–2B nonimmigrants have been received to result in a likely fulfillment of the statutory cap, the Secretary shall continue to receive such petitions for that fiscal year and issue conditional approvals, unless the beneficiaries for visas for H–2B nonimmigrants are not subject to the statutory cap, in which event the Secretary will issue final approval.
The Secretary shall consult with the Secretary of State and continually report the number of visas actually issued to H–2B nonimmigrants at United States embassies and consulate offices to determine if the employers that received conditional approval under paragraph
(3)may be issued final approvals. Final approvals shall be issued in the order in which the petitions were conditionally approved. The Secretary shall refund any fee submitted for a premium processing petition for a fiscal year that was submitted after the date the Secretary determines that the statutory cap has been met for that fiscal year.
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Sec. 5
Processing of H–2B visa petitions by the Department of Homeland Security
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