Sec. 109.
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/bill/116/hr/1865/eah/section-109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to paragraph (2), if a petition for H–2B nonimmigrants filed by an employer in the seafood industry is granted, the employer may bring the nonimmigrants described in the petition into the United States at any time during the 120-day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition. An employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90 days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer— completes a new assessment of the local labor market by— listing job orders in local newspapers on 2 separate Sundays; and posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer's place of employment; and offers the job to an equally or better qualified United States worker who— applies for the job; and will be available at the time and place of need.
The Secretary of Labor shall not consider an employer in the seafood industry who brings H–2B nonimmigrants into the United States during the 120-day period specified in paragraph
(1)to be staggering the date of need in violation of section 655.20(d) of title 20, Code of Federal Regulations, or any other applicable provision of law. In this section, the term H–2B nonimmigrants means aliens admitted to the United States pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(B) ).
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