[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2443 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2443

   To expand the definition of H-2A nonimmigrant for purposes of the 
 Immigration and Nationality Act to include aliens engaged in seafood 
     processing, horticultural commodities, or the care of horses.


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                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2021

Mr. Graham (for himself and Mr. Manchin) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

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                                 A BILL


 
   To expand the definition of H-2A nonimmigrant for purposes of the 
 Immigration and Nationality Act to include aliens engaged in seafood 
     processing, horticultural commodities, or the care of horses.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXPANSION OF AGRICULTURE-RELATED WORK ACTIVITIES FOR WHICH 
              H-2A NONIMMIGRANTS ARE ELIGIBLE.

    Section 101(a)(15)(H) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)) is amended by striking ``or (ii)'' and all that 
follows through ``or (b)'' and inserting the following:
                    ``(ii)(a) having a residence in a foreign country, 
                which the alien has no intention of abandoning, who is 
                coming temporarily to the United States to perform 
                agricultural labor or services (as defined by the 
                Secretary of Labor, by regulation, and as commonly 
                characterized by its inclusion in any relevant 
                occupational code in the Standard Occupational 
                Classification Manual issued by the Office of 
                Management and Budget), including--
                            ``(aa) labor (as defined in section 3121(g) 
                        of the Internal Revenue Code of 1986);
                            ``(bb) labor or services in agriculture (as 
                        defined in section 3(f) of the Fair Labor 
                        Standards Act of 1938 (29 U.S.C. 203(f)));
                            ``(cc) labor relating to the pressing of 
                        apples for cider on a farm;
                            ``(dd) labor related to aquaculture, fish 
                        trimming, or wild seafood processing;
                            ``(ee) labor related to the cultivation, 
                        installation, establishment and maintenance of 
                        horticultural commodities without regard to 
                        commodity source or location;
                            ``(ff) labor related to the breeding, care 
                        and feeding of equines; or
                    ``(b)''.
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