Sec. 201. Comprehensive and streamlined electronic H–2A platform
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/bill/116/hr/4916/ih/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 12 months after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Agriculture, the Secretary of State, and United States Digital Service, shall ensure the establishment of an electronic platform through which a petition for an H–2A worker may be filed. Such platform shall— serve as a single point of access for an employer to input all information and supporting documentation required for obtaining labor certification from the Secretary of Labor and the adjudication of the H–2A petition by the Secretary of Homeland Security; serve as a single point of access for the Secretary of Homeland Security, the Secretary of Labor, and State workforce agencies to concurrently perform their respective review and adjudicatory responsibilities in the H–2A process; facilitate communication between employers and agency adjudicators, including by allowing employers to— receive and respond to notices of deficiency and requests for information; submit requests for inspections and licensing; receive notices of approval and denial; and request reconsideration or appeal of agency decisions; and provide information to the Secretary of State and U.S.
Customs and Border Protection necessary for the efficient and secure processing of H–2A visas and applications for admission. In developing the platform described in paragraph (1), the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Agriculture, the Secretary of State, and United States Digital Service, shall streamline and improve the H–2A process, including by— eliminating the need for employers to submit duplicate information and documentation to multiple agencies; eliminating redundant processes, where a single matter in a petition is adjudicated by more than one agency; reducing the occurrence of common petition errors, and otherwise improving and expediting the processing of H–2A petitions; and ensuring compliance with H–2A program requirements and the protection of the wages and working conditions of workers.
The Secretary of Labor shall maintain a national, publicly accessible online job registry and database of all job orders submitted by H–2A employers. The registry and database shall— be searchable using relevant criteria, including the types of jobs needed to be filled, the date(s) and location(s) of need, and the employer(s) named in the job order; provide an interface for workers in English, Spanish, and any other language that the Secretary of Labor determines to be appropriate; and provide for public access of job orders approved under section 218(h)(2) of the Immigration and Nationality Act.