Bill Summary
This bill, titled the "Paperwork Reduction for Farmers and H-2A Modernization Act," aims to simplify and modernize the application process for H-2A employers. This includes updates to the H-2A program, such as expanding the types of agricultural labor eligible for temporary or seasonal work visas, and allowing multiple employers to submit a joint petition for nonimmigrant workers. The bill also requires the Secretary of Labor to establish an electronic filing system for H-2A petitions and provides a safe harbor for employers who use third-party preparers for their applications.
Possible Impacts
1. Farmers who rely on H-2A workers for their agricultural labor may experience a streamlined application process, making it easier and quicker to hire workers. This could potentially benefit both the farmers and the workers, as it reduces the administrative burden and allows for a more efficient hiring process.
2. Workers who are hired through the H-2A program may have more job opportunities available to them, as the updated legislation expands the definition of eligible work to include various industries such as landscaping and aquaculture. This could provide more employment options and potentially higher wages for H-2A workers.
3. Employers who use third-party preparers to file H-2A visa applications may be protected from penalties under the safe harbor provision. This could potentially benefit small farmers who may not have the resources or expertise to navigate the application process on their own, as they can rely on the assistance of third-party preparers without fear of facing penalties.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1887 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1887
To streamline the application process for H-2A employers, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2019
Mr. Paul introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To streamline the application process for H-2A employers, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paperwork Reduction for Farmers and
H-2A Modernization Act''.
SEC. 2. H-2A PROGRAM UPDATES.
(a) In General.--Section 101(a)(15)(H) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended--
(1) by striking ``an alien (i)(b) subject to'' and
inserting the following: ``an alien--
``(i)(b) subject to'';
(2) by striking ``or (ii)(a)'' and all that follows through
``seasonal nature,'' and inserting the following:
``(ii)(a) 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
(3) by striking ``(iii) having a residence in a foreign
country which he has no intention of abandoning who'' and
inserting the following:
``(iii) who has a residence in a foreign country
that the alien has no intention of abandoning and''.
(b) Joint Application; Deficiency Remedy.--Section 214(c)(1) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following:
``(B) 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.
``(C) 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.''.
(c) Labor Certification; Staggered Employment Dates.--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:
``(4) 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.
``(5) 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.
``(6) 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--
``(A) 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
``(B) the Secretary of Homeland Security shall promptly
admit such alien into the United States upon completion of
applicable security screenings.''.
SEC. 3. ELECTRONIC FILING AND APPEALS SYSTEM FOR H-2A PETITIONS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Labor shall establish a process
for filing petitions for nonimmigrant visas under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)) that ensures that--
(1) petitioners may file such petitions through the
Department of Labor's website;
(2) any software developed to process such petitions
indicates to the petitioner any technical deficiency in the
application before submission; and
(3) any petitioner may file such petition in a paper format
if such petitioner prefers such format.
(b) Request for Evidence.--Section 218(h) of the Immigration and
Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end the
following:
``(3) If U.S. Citizenship and Immigration Services issues a Request
for Evidence to an employer--
``(A) the employer may request such Request for Evidence to
be delivered in an online format; and
``(B) if the employer makes the request described in
subparagraph (A)--
``(i) the Request for Evidence shall be provided to
the employer in an online format; and
``(ii) not later than 10 business days after the
employer submits the requested evidence online, U.S.
Citizenship and Immigration Services shall provide an
online response to the employer--
``(I) indicating that the submitted
evidence is sufficient; or
``(II) explaining the reasons that such
evidence is not sufficient and providing the
employer with an opportunity to address any
such deficiency.''.
SEC. 4. SAFE HARBOR FROM PENALTIES FOR DOCUMENT FRAUD.
Section 274C of the Immigration and Nationality Act (8 U.S.C.
1324c) is amended--
(1) by redesignating subsection (c) as subsection (g) and
moving such subsection so that it appears immediately following
subsection (f); and
(2) by inserting after subsection (b) the following:
``(c) Safe Harbor.--Any employer who uses a third-party preparer to
file an application for nonimmigrant visas for workers the employer
intends to hire shall not be subject to civil or criminal penalties
under this section for errors or omissions on such application if the
employer reasonably believed that the application was accurate and in
compliance with all applicable statutory requirements.''.
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