[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2705 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2705
To grant States the authority to request additional nonimmigrant visas
for foreign workers in their respective States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Mr. Thune (for himself, Ms. Klobuchar, Mr. Ricketts, and Mr.
Hickenlooper) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To grant States the authority to request additional nonimmigrant visas
for foreign workers in their respective States, 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 TITLES.
This Act may be cited as the ``State Executive Authority for
Seasonal Occupations Needing Additional Labor Act'' or the ``SEASONAL
Act''.
SEC. 2. STATE EXEMPTION AUTHORITY FOR SEASONAL OCCUPATIONS NEEDING
ADDITIONAL LABOR.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended by adding at the end the following:
``(12)(A) Notwithstanding the numerical limitation set forth in
paragraph (1)(B), the Governor of any State may submit a petition to
the Secretary of Homeland Security and the Secretary of Labor for the
issuance of a specified number of supplemental H-2B nonimmigrant visas
in a fiscal year for employers based in such State, employers based in
such State that have employees who work within a specified Standard
Occupational Classification Group (as defined by the Department of
Labor), or employers in a specific Economic Development District
designated by the Economic Development Administration of the Department
of Commerce that encompasses any portion of such State if--
``(i) the number of applications for such visas received
from all employers exceeds such numerical limitation for such
fiscal year;
``(ii) the State had a seasonally adjusted unemployment
rate of not more than 3.5 percent in at least 9 of the 12 most
recent monthly reports issued by the Bureau of Labor
Statistics;
``(iii) such Governor certifies that--
``(I) there is a persistent, unmet need for labor
within the State, the specified Standard Occupational
Classification Group in the State, or the specific
Economic Development District in the State; and
``(II) the allocation of additional H-2B
nonimmigrant visas pursuant to this paragraph--
``(aa) will not displace domestic workers;
and
``(bb) will not negatively affect average
wages in such State; and
``(iv) employers who hire H-2B nonimmigrant workers
pursuant to this paragraph comply with any additional
requirements imposed by the Secretary of Labor, by regulation.
``(B) The Secretary of Homeland Security, acting through the
Director of U.S. Citizenship and Immigration Services, shall issue the
supplemental H-2B nonimmigrant visas requested by the Governor of a
State pursuant to subparagraph (A) to the extent that the applications
for such visas submitted by employers based in such State meet all
applicable requirements of the H-2B nonimmigrant visa program.
``(C) If the number of employer applications from a State exceed
the number of H-2B nonimmigrant visas requested pursuant to
subparagraph (A), the Office of Foreign Labor Certification shall
randomly assign for processing all of the remaining H-2B nonimmigrant
visa applications and issue supplemental visas to all qualified
applicants until the number of supplemental visas allocated to such
State pursuant to subparagraph (B) have been issued.
``(D) This paragraph shall cease to have force or effect on the
date that is 4 years after the date of the enactment of the SEASONAL
Act.
``(E) Nothing in this paragraph may be construed to prohibit the
legislature of any State from setting limits with respect to
supplemental H-2B nonimmigrant visas that the Governor of such State
may request, including--
``(i) limiting the number of such visas that may be
requested in a fiscal year; and
``(ii) limiting the allocation of such visas to H-2B
nonimmigrant workers who are employed--
``(I) within such State;
``(II) within specified Standard Occupational
Classification Groups; or
``(III) within specified Economic Development
Districts.''.
SEC. 3. ANNUAL REPORT.
Not later than 15 months after the date of the enactment of this
Act, and annually thereafter until the date that is 4 years after such
date of enactment, the Secretary of Homeland Security and the Secretary
of Labor shall submit a joint report to Congress that includes, with
respect to the preceding year--
(1) the number of supplemental H-2B nonimmigrant visas
issued pursuant to section 214(g)(12) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(12)), disaggregated by the
State in which the recipients of such visas are working;
(2) a breakdown of Standard Occupational Classification
Groups or Economic Development Districts for which supplemental
H-2B nonimmigrant visas were issued, disaggregated by the State
in which the recipients of such visas are working;
(3) an analysis of any effect caused by the issuance of
supplemental H-2B nonimmigrant visas that led to the
displacement of domestic workers or a reduction in the average
wages, disaggregated by State; and
(4) an assessment of whether the issuance of supplemental
H-2B nonimmigrant visas led to increased economic opportunities
and productivity in the States in which the recipients of such
visas are working.
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