Sec. 2. H–2A program updates
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Section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) is amended— by striking an alien (i)(b) subject to and inserting the following: “an alien— subject to ; by striking or (ii)(a) and all that follows through seasonal nature, and inserting the following: who has a residence in a foreign country that the alien has no intention of abandoning and is coming temporarily to the United States to perform agricultural labor or services (as defined by the Secretary of Labor, by regulation), of a temporary or seasonal nature, including agricultural labor (as defined in section 3121(g) of the Internal Revenue Act of 1986), agriculture (as defined in section 3(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(f) )), the pressing of apples for cider on a farm, fish cutting and trimming, including labor or services relating to landscaping and groundskeeping, forestry- and conservation-related services, services relating primarily to the cultivation, installation, and establishment of horticultural commodities (without regard to commodity source or location), labor as a year-round equine worker, labor as a year-round livestock worker (including as a dairy, cattle, or poultry worker), labor in aquaculture, and the processing of wild seafood, and all other labor that falls within Standard Occupational Classification Code 37–3000 (Grounds Maintenance Workers), 45–0000 (Farming, Fishing, and Forestry Occupations), or 45–4000 (Forest, Conservation, and Logging Workers); ; and by striking
(iii)having a residence in a foreign country which he has no intention of abandoning who and inserting the following: who has a residence in a foreign country that the alien has no intention of abandoning and . Section 214(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(1) ) is amended— by inserting
(A)after
(1); and by adding at the end the following: Multiple employers may submit a joint petition under subparagraph
(A)to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a). Upon the approval of such petition, each joint employer shall be subject to the provisions under section 218 with respect to each alien listed in such petition. If any individual party to such a joint contract violates any condition for approval with respect to the application or provisions under section 218 with respect to each alien listed in such petition, after notice and opportunity for a hearing, the contract may be modified to remove the party in violation from the contract at no penalty to the remaining parties. If a petition to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a) is denied or if the issuance of visas requested through such petition is delayed due to a problem with the petition, the Director of U.S. Citizenship and Immigration Services shall promptly notify the petitioner of the reasons for such denial or delay and provide the petitioner with reasonable time to remedy the problem. . Section 218(h) of the Immigration and Nationality Act ( 8 U.S.C. 1188(h) ), as amended by section 3(b), is further amended by adding at the end the following: An employer that is seeking to rehire aliens as H–2A workers who previously worked for the employer as H–2A workers may submit a simplified petition, to be developed by the Director of U.S. Citizenship and Immigration Services, in consultation with the Secretary of Labor, which shall include a certification that the employer maintains compliance with all applicable requirements with respect to the employment of such aliens. Such petitions shall be approved upon completion of applicable security screenings. An employer that is seeking to hire aliens as H–2A workers during different time periods in a given fiscal year may submit a single petition to U.S. Citizenship and Immigration Services that details the time period during which each such alien is expected to be employed. Upon receiving notification from an employer that the employer’s H–2A worker has prematurely abandoned employment or has failed to appear for employment and such employer wishes to replace such worker— 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 promptly admit such alien into the United States upon completion of applicable security screenings. .
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