United States S 495: Prioritizing Help to Businesses Act

Bill Text

II
117TH CONGRESS
1ST SESSION S. 495
To prioritize the allocation of H–2B visas for States with low unemployment
rates.
IN THE SENATE OF THE UNITED STATES
MARCH 1, 2021
Mr. THUNE introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To prioritize the allocation of H–2B visas for States with
low unemployment rates.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Prioritizing Help to 4
Businesses Act’’. 5
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SEC. 2. PRIORITIZING THE ALLOCATION OF H–2B VISAS 1
FOR STATES WITH LOW UNEMPLOYMENT 2
RATES. 3
Section 214(g)(10) of the Immigration and Nation-4
ality Act (8 U.S.C. 1184(g)(10)) is amended to read as 5
follows: 6
‘‘(10)(A) Except as provided in subparagraphs (B) 7
and (C), the numerical limitation under paragraph (1)(B) 8
shall not apply to H–2B visas issued to aliens for positions 9
that are certified for employment pursuant to subpart A 10
of part 655 of title 20, Code of Federal Regulations, to 11
perform service or labor in a State that had a seasonally 12
adjusted unemployment rate of 3.5 percent or lower in at 13
least 3 of the 6 most recent monthly reports issued by 14
the Bureau of Labor Statistics during the previous fiscal 15
half year corresponding to each allotment period of H– 16
2B visas pursuant to subpart A of part 655 of title 20, 17
Code of Federal Regulations. 18
‘‘(B) The number of aliens exempted from the numer-19
ical limitation pursuant to subparagraph (A) in any State 20
during any fiscal year may not exceed the lesser of— 21
‘‘(i) 125 percent of the number of visas issued 22
to aliens working in such State during the most re-23
cently concluded fiscal year; or 24
‘‘(ii) 2,500. 25
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‘‘(C) If more H–2B visa applications are received in 1
a fiscal year on behalf of aliens desiring to work in a State 2
described in subparagraph (A) than the limit set forth in 3
subparagraph (B)— 4
‘‘(i) eligible applicants, in a number equal to 5
such limit, shall be selected, by lottery, from such 6
applications for the exemption under subparagraph 7
(A); and 8
‘‘(ii) the remaining applicants shall be subject 9
to the numerical limitation under paragraph 10
(1)(B).’’. 11
Æ
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