Sec. 2110. Effective dates; sunset; regulations
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Sections 2102 and 2104 through 2106 of this title, subsections
(a)and
(c)through
(f)of section 2103 of this title, and the amendments made by the sections, shall take effect on the date on which the Secretary issues the rules under paragraph (3), and the Secretary of Homeland Security shall accept petitions pursuant to section 218A of the Immigration and Nationality Act, as inserted by this Act, beginning no later than that date. Sections 2107 and 2109 of this title shall take effect on the date of the enactment of this Act. Section 2103(b) of this title and the amendments made by that subsection shall take effect when— it becomes unlawful for all persons or other entities to hire, or to recruit or refer for a fee, for employment in the United States an individual (as provided in section 274A(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(1) )) without participating in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) or an employment eligibility verification system patterned on such program’s verification system; and the E-Verify Program responds to inquiries made by such persons or entities described in subparagraph
(A)by providing confirmation, tentative nonconfirmation, and final nonconfirmation of an individual’s identity and employment eligibility in such a way that indicates whether the individual is eligible to be employed in all occupations or only to perform agricultural labor or services under sections 218A and 219B of the Immigration and Nationality Act, as added by section 2103 of this title, and if the latter, whether the nonimmigrant would be in compliance with their maximum continuous period of authorized status and requirement to remain outside the United States under section 218A(n) of such Act, as added by section 2103(a) of this title, and on what date the alien would cease to be in compliance with their maximum continuous period of authorized status. Notwithstanding any other provision of law, not later than the first day of the seventh month that begins after the date of the enactment of this Act, the Secretary of Homeland Security shall issue final rules, on an interim or other basis, to carry out this title. The Department of Labor H–2A program regulations published at 73 Federal Register 77110 et seq.
(2008)shall be in force for all petitions approved under sections 101(a)(15)(H)(ii)(a) and 218 of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(h)(ii)(a) ; 8 U.S.C. 1188 ) beginning on the date of the enactment of this Act, except that the following, as in effect on such date, shall remain in effect, and, to the extent that any rule published at 73 Federal Register 77110 et seq. is in conflict, such rule shall have no force and effect: Paragraph
(a)and subparagraphs
(1)and
(3)of paragraph
(b)of section 655.200 of title 20, Code of Federal Regulations. Section 655.201 of title 20, Code of Federal Regulations, except the paragraphs entitled Production of Livestock and Range . Paragraphs (c),
(d)and
(e)of section 655.210 of title 20, Code of Federal Regulations. Section 655.230 of title 20, Code of Federal Regulations. Section 655.235 of title 20, Code of Federal Regulations. The Special Procedures Labor Certification Process for Employers in the Itinerant Animal Shearing Industry under the H–2A Program in effect under the Training and Employment Guidance Letter No. 17–06, Change 1, Attachment B, Section II, with an effective date of October 1, 2011. Beginning on the date on which employers can file petitions pursuant to section 218A of the Immigration and Nationality Act, as added by section 2103(a) of this title, no new petitions under sections 101(a)(15)(H)(ii)(a) and 218 of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ; 8 U.S.C. 1188 ) shall be accepted.
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