S 792 — Save Our Small and Seasonal Businesses Act of 2017

Summary

Save Our Small and Seasonal Businesses Act of 2017 This bill amends the Immigration and Nationality Act to declare that, effective as if enacted on January 1, 2017, a returning H-2B visa alien (temporary nonagricultural worker) who has already been counted toward the applicable numerical limitation shall: not again be counted toward that limitation during the fiscal year, but shall be considered a returning worker; or shall be counted again toward the limitation if the alien departs the United States for a period longer than one year, was not counted toward the limitation in any of the three most recent fiscal years, or violated his or her status during the authorized period of stay. "Other temporary service or labor" for H-2B purposes means that an employer's labor need will last: (1) at most 1 year if peak load or intermittent, unless it is a one-time occurrence not to exceed 3 years; or (2) not to exceed 10 months if the employer's need is seasonal. An H-2B employer shall file an employee petition with the Department of Homeland Security (DHS), which shall have exclusive authority to issue rules and final determinations for the H-2B visa program. H-2B employer requirements are set forth regarding: (1) petitions, (2) admissions and maximum stay in status, (3) housing, (4) enforcement, (5) transportation, (6) recruitment, (7) U.S. worker protections, (8) wages, and (9) absconding workers. DHS shall consult with the Department of State to develop an electronic notification system to notify the latter within 48 hours after an H-2B petition's final approval.

Bill Text

• Introduced Introduced in Senate Current html March 30, 2017

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill establishes a temporary non-agricultural work visa program under the H-2B classification, modifying existing definitions and processes within the Immigration and Nationality Act.

• 8 U.S.C. 1184(g)(9)(A)

  ``(A) An alien who has already been counted toward the numerical limitation under paragraph (1)(B) shall not be counted again toward such limitation during the fiscal year and shall be considered a returning worker. `` → ``(A)(i) Except as provided in clause (ii), and subject to subparagraphs (B) and (C), an alien who has already been counted toward the numerical limitation under paragraph (1)(B) shall not be counted again toward such limitation during the fiscal year and shall be considered a returning worker. ``(ii) An alien who has already been counted toward the numerical limitation under paragraph (1)(B) shall be counted again toward such limitation if such alien-- ``(I) departs the United States for a period longer than 1 year; ``(II) was not counted toward such limitation in any of the 3 most recent fiscal years; or ``(III) violated his or her status during the authorized period of stay.''.

  The change modifies the criteria for returning workers under the H-2B nonimmigrant visa program, clarifying when previously counted aliens can be exempt from the numerical limitation.

• 8 U.S.C. 1181 et seq.

  ``SEC. 218A. ADMISSION OF TEMPORARY H-2B NONIMMIGRANTS. ``(a) Definitions.--In this section: ...``

  This addition establishes a new section related to the admission of H-2B nonimmigrants and defines various terms necessary for the implementation of the new visa program.

Action History

1. March 30, 2017

   Introduced in Senate

2. March 30, 2017

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Thomas Tillis · Primary
• King, Angus S., Jr. · Cosponsor
• John Thune · Cosponsor
• Susan M. Collins · Cosponsor
• Mike Rounds · Cosponsor
• John Cornyn · Cosponsor
• Lisa Murkowski · Cosponsor
• Roy Blunt · Cosponsor
• Mark R. Warner · Cosponsor
• Jeff Flake · Cosponsor
• Bill Cassidy · Cosponsor
• Lindsey Graham · Cosponsor
• Tim Scott · Cosponsor
• Pat Roberts · Cosponsor

Subjects