The original version published online was dated 5/18/07 11:58pm. Late in the day on Monday 5/21, a second version was published. Included below are the two sections which have been identified to have changes between the 5/21 version and the 5/18 version with additions/deleted highlighted.
(a) IN GENERAL- Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended"
(1) in subparagraph (H)-
(A) by striking subclause (ii)(b);
(B) by striking `or (iii)' and inserting `(iii)';
(C) by striking `; and the alien spouse' and inserting '; or
(iv) the alien spouse';
(2) by striking `or' at the end of subparagraph (U);
(3) by striking the period at the end of subparagraph (V) and inserting a semi-colon; and
(4) by inserting at the end the following new subparagraphs-`(W) [Reserved];`(X) [Reserved]; or`(Y) subject to section 218A, an alien having a residence in a foreign country which the alien has no intention of abandoning and who is coming temporarily to the United States"`(i) to perform temporary labor or services other than the labor or services described in clause (i)(b), (i)(b1), (i)(c), or (iii) of subparagraph of (H), subparagraph (D), (E), (I), (L), (O), (P), or (R), or section 214(e) (if United States workers who are able, willing, and qualified to perform such labor or services cannot be found in the United States);`(ii) to perform seasonal non-agricultural labor or services; `or`(iii) as the spouse or child of an alien described in clause
(i) or (ii) of this subparagraph.'
[ADDITION] (b) REFERENCES- All references in the immigration laws as amended by this Title to section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act shall be considered a reference to both that section of the Act and to section 101(a)(15)(Y)(ii) of the Act.
(c) EFFECTIVE DATE- The effective date of the amendment made by subparagraph (1)(A) of subsection (a) shall be the date on which the Secretary of Homeland Security makes the certification described in section 1(a) of this Act.
SEC. 218E. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERS. "(a) Petitioning for Admission."An employer, or an association acting as an agent or joint employer for its members, that seeks the admission into the United States of an H-2A worker may file a petition with the Secretary. The petition shall be accompanied by an accepted and currently valid certification provided by the Secretary of Labor under section 218C(e)(2)(B) covering the petitioner."(b) Expedited Adjudication by the Secretary."The Secretary shall establish a procedure for expedited adjudication of petitions filed under subsection (a) and within 7 working days shall, by fax, cable, or other means assuring expedited delivery, transmit a copy of notice of action on the petition to the petitioner and, in the case of approved petitions, to the appropriate immigration officer at the port of entry or United States consulate (as the case may be) where the petitioner has indicated that the alien beneficiary (or beneficiaries) will apply for a visa or admission to the United States."(c) Criteria for Admissibility.""(1) IN GENERAL."An H-2A worker shall be considered admissible to the United States if the alien is otherwise admissible under this section, section 218C, and section 218D, and the alien is not ineligible under paragraph (2)."(2) DISQUALIFICATION."An alien shall be considered inadmissible to the United States and ineligible for nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the alien has, at any time during the past 5 years""(A) violated a material provision of this section, including the requirement to promptly depart the United States when the alien's authorized period of admission under this section has expired; or"(B) otherwise violated a term or condition of admission into the United States as a nonimmigrant, including overstaying the period of authorized admission as such a nonimmigrant."(3) WAIVER OF INELIGIBILITY FOR UNLAWFUL PRESENCE.""(A) IN GENERAL."An alien who has not previously been admitted into the United States pursuant to this section, and who is otherwise eligible for admission in accordance with paragraphs (1) and (2), shall not be deemed inadmissible by virtue of section 212(a)(9)(B). If an alien described in the preceding sentence is present in the United States, the alien may apply from abroad for H-2A status, but may not be granted that status in the United States."(B) MAINTENANCE OF WAIVER."An alien provided an initial waiver of ineligibility pursuant to subparagraph (A) shall remain eligible for such waiver unless the alien violates the terms of this section or again becomes ineligible under section 212(a)(9)(B) by virtue of unlawful presence in the United States after the date of the initial waiver of ineligibility pursuant to subparagraph (A)."(d) Period of Admission.""(1) IN GENERAL."The alien shall be admitted for the period of employment in the application certified by the Secretary of Labor pursuant to section 218C(e)(2)(B), not to exceed 10 months except as specified in paragraph (2), supplemented by a period of not more than 1 week before the beginning of the period of employment for the purpose of travel to the worksite and a period of 14 days following the period of employment for the purpose of departure or extension based on a subsequent offer of employment, except that""(A) the alien is not authorized to be employed during such 14-day period except in the employment for which the alien was previously authorized; and"(B) the total period of employment, including such 14-day period, may not exceed 10 months."(2) [ADDITION] OPTIONAL PERIOD FOR NON-SEASONAL AGRICULTURAL WORKERS."Notwithstanding any other provision of law, an alien being admitted to perform agricultural non-seasonal work may, at the employer's option, be admitted for the period and pursuant to the terms specified in Section 218A(i)(1)(A), including the rules and limitations specified in Section 218A(i)(2), (3), (4), and (5). The spouse and children of an alien admitted pursuant to the terms of this paragraph may be admitted only in accordance with the terms set forth in Section 218A(e)(8)."(3) OTHER WORKERS."Notwithstanding any other provision of law, an alien admitted to perform agricultural non-seasonal work as a sheep herder, goat herder, horse worker, or dairy worker may, at the option of the employer, be admitted for a period not to exceed three years. An alien admitted pursuant to the terms of this paragraph may not be accompanied or subsequently joined by dependents, including a spouse or child in derivative nonimmigrant status."(4) CONSTRUCTION."Nothing in this subsection shall limit the authority of the Secretary to extend the stay of the alien under any other provision of this Act."(e) Abandonment of Employment.""(1) IN GENERAL."An alien admitted or provided status under section 101(a)(15)(H)(ii)(a) who abandons the employment which was the basis for such admission or status shall be considered to have failed to maintain nonimmigrant status as an H-2A worker and shall depart the United States or be subject to removal under section 237(a)(1)(C)(i)."(2) REPORT BY EMPLOYER."The employer, or association acting as agent for the employer, shall notify the Secretary not later than 7 days after an H-2A worker prematurely abandons employment."(3) REMOVAL BY THE SECRETARY."The Secretary shall promptly remove from the United States any H-2A worker who violates any term or condition of the worker's nonimmigrant status."(4) VOLUNTARY TERMINATION."Notwithstanding paragraph (1), an alien may voluntarily terminate his or her employment if the alien promptly departs the United States upon termination of such employment."(f) Replacement of Alien.""(1) IN GENERAL."Upon presentation of the notice to the Secretary required by subsection (e)(2), the Secretary of State shall promptly issue a visa to, and the Secretary shall admit into the United States, an eligible alien designated by the employer to replace an H-2A worker""(A) who abandons or prematurely terminates employment; or"(B) whose employment is terminated after a United States worker is employed pursuant to section 218C(b)(2)(H)(iii), if the United States worker voluntarily departs before the end of the period of intended employment or if the employment termination is for a lawful job-related reason."(2) CONSTRUCTION."Nothing in this subsection is intended to limit any preference required to be accorded United States workers under any other provision of this Act."(g) Identification Document.""(1) IN GENERAL."Each alien authorized to be admitted under section 101(a)(15)(H)(ii)(a) shall be provided an identification and employment eligibility document to verify eligibility for employment in the United States and verify the alien's identity."(2) REQUIREMENTS."No identification and employment eligibility document may be issued which does not meet the following requirements:"(A) The document shall be capable of reliably determining whether""(i) the individual with the identification and employment eligibility document whose eligibility is being verified is in fact eligible for employment;"(ii) the individual whose eligibility is being verified is claiming the identity of another person; and"(iii) the individual whose eligibility is being verified is authorized to be admitted into, and employed in, the United States as an H-2A worker."(B) The document shall be in a form that is resistant to counterfeiting and to tampering."(C) The document shall""(i) be compatible with other databases of the Secretary for the purpose of excluding aliens from benefits for which they are not eligible and determining whether the alien is unlawfully present in the United States; and"(ii) be compatible with law enforcement databases to determine if the alien has been convicted of criminal offenses."(h) Extension of Stay of H-2A Aliens in the United States.""(1) EXTENSION OF STAY."If an employer seeks approval to employ an H-2A alien who is lawfully present in the United States, the petition filed by the employer or an association pursuant to subsection (a), shall request an extension of the alien's stay and a change in the alien's employment."(2) LIMITATION ON FILING A PETITION FOR EXTENSION OF STAY."A petition may not be filed for an extension of an alien's stay to a date that is more than 10 months after the date of the alien's last admission to the United States under this section."(3) WORK AUTHORIZATION UPON FILING A PETITION FOR EXTENSION OF STAY.""(A) IN GENERAL."An alien who is lawfully present in the United States may commence the employment described in a petition under paragraph (1) on the date on which the petition is filed."(B) DEFINITION."For purposes of subparagraph (A), the term 'file' means sending the petition by certified mail via the United States Postal Service, return receipt requested, or delivered by guaranteed commercial delivery which will provide the employer with a documented acknowledgment of the date of receipt of the petition."(C) HANDLING OF PETITION."The employer shall provide acopy of the employer's petition to the alien, who shall keep thepetition with the alien's identification and employmenteligibility document as evidence that the petition has been filedand that the alien is authorized to work in the United States."(D) APPROVAL OF PETITION."Upon approval of a petition for anextension of stay or change in the alien's authorizedemployment, the Secretary shall provide a new or updatedemployment eligibility document to the alien indicating thenew validity date, after which the alien is not required to retaina copy of the petition."(4) LIMITATION ON [ADDITION] AN INDIVIDUAL'S INDIVIDUAL'SEMPLOYMENT AUTHORIZATION OF ALIENS WITHOUT VALIDIDENTIFICATION AND EMPLOYMENT ELIGIBILITY DOCUMENT.-An expiredidentification and employment eligibility document, together with a copy of apetition for extension of stay or change in the alien's authorized employment thatcomplies with the requirements of paragraph (1), shall constitute a valid workauthorization document for a period of not more than 60 days beginning on the dateon which such petition is filed, after which time only a currently valid identificationand employment eligibility document shall be acceptable."(5) LIMITATION ON AN INDIVIDUAL'S STAY IN STATUS.""(A) MAXIMUM PERIOD."The maximum continuous period ofauthorized status as an H-2A worker (including anyextensions), [ADDITION] other than a worker admitted pursuant tosubsection (d)(2), is [ADDITION] 10 months[] years.(B) REQUIREMENT TO REMAIN OUTSIDE THE UNITED STATES.""(i) IN GENERAL."Subject to clause (ii), in the case of an alien outside the United States whose period of authorized status as an H-2A worker (including any extensions) has expired, the alien may not again apply for admission to the United States as an H-2A worker unless the alien has remained outside the United States for a continuous period equal to at least 1/5 the duration of the alien's previous period of authorized status as an H-2A worker (including any extensions)."(ii) EXCEPTION."Clause (i) shall not apply in the case of an alien if the alien's period of authorized status as an H- 2A worker (including any extensions) was for a period of not more than 10 months and such alien has been outside the United States for at least 2 months during the 12 months preceding the date the alien again is applying for admission to the United States as an H-2A worker.
