Sec. 31005. Reduction of paperwork burden
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/bill/118/hr/3599/ih/section-31005·A 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 division, the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of State, and the Administrator of the United States Digital Service, shall ensure the establishment of an electronic platform through which employers may submit and request approval of an H–2B petition. Such platform shall— serve as a single point of access for employers to input all information and supporting documentation required for obtaining labor certification from the Secretary of Labor and the adjudication of the petition by the Secretary of Homeland Security; serve as a single point of access for the Secretary of Homeland Security, the Secretary of Labor, the Secretary of State, and State workforce agencies concurrently to perform their respective review and adjudicatory responsibilities in the petition process; facilitate communication between employers and agency adjudicators, including by allowing employers to— receive and respond to notices of deficiency and requests for information; receive notices of approval and denial; and request reconsideration or appeal of agency decisions; and provide information to the Secretary of State and the Secretary of Homeland Security necessary for the efficient and secure processing of H–2B 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 State, and the Administrator of the United States Digital Service, shall make an effort to streamline and improve the H–2B process, including by— eliminating the need for employers to submit duplicate information and documentation to multiple agencies; reducing common petition errors, and otherwise improving and expediting the processing of H–2B petitions; ensuring compliance with H–2B program requirements and the protection of the wages and working conditions of workers; and eliminating unnecessary government waste.
If the Secretary of Homeland Security, the Secretary of Labor, the Secretary of State, or the State workforce agencies already have an electronic platform with respect to the H–2B process on the date of the enactment of this division, they shall enhance it as necessary so as to ensure that adjudication of an H–2B petition may be conducted electronically as specified in this section. The Secretary of Labor shall maintain a publicly accessible online job registry and database of all job orders submitted by H–2B employers.
The registry and database shall— be searchable using relevant criteria, including the types of jobs needed to be filled, the dates and locations of need, and the employers 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 order certifications.