I 

114TH CONGRESS 

1ST SESSION H. R. 3918 

To modify the provisions of the Immigration and Nationality Act relating 

to nonimmigrant visas issued under section 101(a)(15)(H)(ii)(b) of such 

Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 4, 2015 

Mr. CHABOT (for himself, Mr. GOODLATTE, Mr. HARRIS, and Mr. BOUSTANY) 

introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committee on Ways and Means, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To modify the provisions of the Immigration and Nationality 

Act relating to nonimmigrant visas issued under section 

101(a)(15)(H)(ii)(b) of such Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthen Employ5 ment And Seasonal Opportunities Now (SEASON) Act’’. 


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1 SEC. 2. H–2B NUMERICAL LIMITATIONS. 

2 (a) IN GENERAL.—Section 214(g)(9)(A) of the Im3 migration and Nationality Act (8 U.S.C. 1184(g)(9)(A)) 

4 is amended to read as follows: 

5 ‘‘(A) Subject to subparagraphs (B) and (C), an alien 

6 who has already been counted toward the numerical limi7 tation of paragraph (1)(B) during 1 of the 3 fiscal years 

8 preceding a fiscal year shall not again be counted toward 

9 such limitation during that fiscal year. Such an alien shall 

10 be considered a returning worker.’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall take effect as if enacted on January 

13 1, 2015. 

14 SEC. 3. H–2B TEMPORARY NON-AGRICULTURAL WORK VISA 

15 PROGRAM. 

16 (a) DEFINITION.—Section 214(g)(9) of the Immigra17 tion and Nationality Act (8 U.S.C. 1184(g)(9)) is amend18 ed by adding at the end the following: 

19 ‘‘(D) For purposes of section 101(a)(15)(H)(ii)(b), 

20 the term ‘other temporary service or labor’ means that an 

21 employer’s need for labor will last not more than 1 year 

22 and is a seasonal, peak load, or intermittent need, unless 

23 it is a one-time occurrence lasting not longer than 3 years. 

24 For purposes of the preceding sentence, a ‘seasonal’ need 

25 for labor is a need for labor that lasts not longer than 

26 10 months.’’. 


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1 (b) ADMISSION OF TEMPORARY H–2B WORKERS.— 

2 Chapter 2 of title II of the Immigration and Nationality 

3 Act (8 U.S.C. 1181 et seq.) is amended by inserting after 

4 section 218 the following: 

5 ‘‘§ 218A. Admission of temporary H–2B workers 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘H–2B worker’ means a non8 immigrant described in section 101(a)(15)(H)(ii)(b). 

9 ‘‘(2) The term ‘United States worker’ means 

10 any worker who is— 

11 ‘‘(A) a citizen or national of the United 

12 States; or 

13 ‘‘(B) an alien who is lawfully admitted for 

14 permanent residence, is admitted as a refugee 

15 under section 207, is granted asylum under sec16 tion 208, or is an immigrant otherwise author17 ized by this Act to be employed. 

18 ‘‘(3) The term ‘displace’ means to lay off a 

19 worker from a job that is essentially equivalent to 

20 the job for which an H–2B worker is sought. A job 

21 shall not be considered to be ‘essentially equivalent’ 

22 to another job unless the job— 

23 ‘‘(A) involves essentially the same respon24 sibilities as such other job; 


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1 ‘‘(B) was held by a United States worker 

2 with substantially equivalent qualifications and 

3 experience; and 

4 ‘‘(C) is located in the same area of employ5 ment as the other job. 

6 ‘‘(4) The term ‘layoff’— 

7 ‘‘(A) means to cause a worker’s loss of em8 ployment, other than through a discharge for 

9 inadequate performance, violation of workplace 

10 rules, cause, voluntary departure, voluntary re11 tirement, or the expiration of a grant or con12 tract (other than a temporary employment con13 tract entered into in order to evade a condition 

14 described in subsection (b)(2)(G)); and 

15 ‘‘(B) does not include any situation in 

16 which the worker is offered, as an alternative to 

17 such loss of employment, a similar employment 

18 opportunity with the same employer at equiva19 lent or higher compensation and benefits than 

20 the position from which the employee was dis21 charged, regardless of whether or not the em22 ployee accepts the offer. 

23 ‘‘(5) The term ‘full time’ means 30 or more 

24 hours per week, except that where a State or an es25 tablished practice in an industry has developed a 


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1 definition of full-time employment for any occupa2 tion that is less than 30 hours per week, that defini3 tion shall have precedence. 

4 ‘‘(6) The term ‘prevailing wage’ means— 

5 ‘‘(A) if the job opportunity is covered by a 

6 collective bargaining agreement that was nego7 tiated at arms’ length between the union and 

8 the employer, the wage rate set forth in the col9 lective bargaining agreement; 

10 ‘‘(B) If the H–2B worker is a professional 

11 athlete whose job opportunity is covered by pro12 fessional sports league rules or regulations, the 

13 wage set forth in section 212(p)(2); 

14 ‘‘(C) if subparagraphs (A) and (B) do not 

15 apply, at the employer’s option— 

16 ‘‘(i) the wage rate provided by the De17 partment of Homeland Security that re18 flects the mean wage of workers similarly 

19 employed at the skill level in the area of 

20 employment based on Bureau of Labor 

21 Statistics data; or 

22 ‘‘(ii) the wage rate indicated by a 

23 wage survey prepared by an entity other 

24 than the Federal Government where— 


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1 ‘‘(I) the survey data was collected 

2 within 24 months; 

3 ‘‘(II) the survey was published 

4 within the prior 24 months; 

5 ‘‘(III) the employer’s job descrip6 tion adequately matches the job de7 scription in the survey; 

8 ‘‘(IV) the survey reflects the area 

9 of intended employment, if there are 

10 substantially comparable jobs in the 

11 area of intended employment; 

12 ‘‘(V) the survey is across indus13 tries that employ workers in the occu14 pation; 

15 ‘‘(VI) the wage determination re16 flects the mean wage of workers simi17 larly employed (and, at the employer’s 

18 discretion, at the same skill level) in 

19 the area of intended employment; and 

20 ‘‘(VII) the survey identifies a sta21 tistically valid methodology that was 

22 used to collect the data. 

23 ‘‘(b) PETITIONS.— 

24 ‘‘(1) IN GENERAL.—An employer that seeks to 

25 employ an alien as an H–2B worker shall file with 


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1 the Secretary of Homeland Security a petition (and 

2 shall not be required to make any additional filings 

3 with the Secretary of Labor). 

4 ‘‘(2) CONTENTS.—In the petition, the employer 

5 shall include the following: 

6 ‘‘(A) The number of named and unnamed 

7 H–2B workers the employer is seeking to em8 ploy. 

9 ‘‘(B) The reason for the employer’s tem10 porary (consistent with section 214(g)(9)(D)) 

11 and full time need for the H–2B workers and 

12 the occupations sought. 

13 ‘‘(C) The area of employment and work14 sites of the H–2B workers, except that for 

15 itinerant industries that do not operate in a sin16 gle fixed-site location, an employer shall provide 

17 a list of work locations. 

18 ‘‘(D) The time period during which the H– 

19 2B workers will be needed (the ‘work period’), 

20 including whether actual entry will be stag21 gered. 

22 ‘‘(3) ATTESTATIONS.—In the petition, the em23 ployer shall attest to the following: 

24 ‘‘(A) The employer’s need for non25 agricultural services or labor is temporary (conVerDate Sep 11 2014 02:37 Nov 06, 2015 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918

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1 sistent with section 214(g)(9)(D)), and full2 time. 

3 ‘‘(B) The work period, reason for tem4 porary need, and number of positions being re5 quested have been truly and accurately stated 

6 in the petition. 

7 ‘‘(C) The employer is offering terms and 

8 working conditions normal to U.S. workers 

9 similarly employed in the area of intended em10 ployment. 

11 ‘‘(D) The employer will provide to each H– 

12 2B worker covered by the petition, prior to the 

13 submission of the H–2B worker’s visa applica14 tion, written disclosure of the terms and condi15 tions of their employment. 

16 ‘‘(E) The employer conducted recruitment 

17 for United States workers consistent with para18 graph (4) before filing the petition and was un19 successful in locating sufficient qualified United 

20 States workers for the job opportunity for 

21 which the H–2B workers are sought. 

22 ‘‘(F) The employer will provide or reim23 burse transportation expenses to an H–2B 

24 worker consistent with the following rules: 


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1 ‘‘(i) If an H–2B worker completes 50 

2 percent of the work period set forth in the 

3 petition, the employer shall pay the H–2B 

4 worker for the reasonable costs (including 

5 daily subsistence) incurred by the worker 

6 for transportation from the United States 

7 consulate that issued their visa, or, if al8 ready lawfully present in the United States 

9 in H–2B status or otherwise, from their 

10 previous place of residence in the United 

11 States, to the place of their employment as 

12 an H–2B worker. 

13 ‘‘(ii) In addition to an employer’s obli14 gations under section 214(c)(5)(A), if an 

15 H–2B worker completes the work period 

16 set forth in the petition, and is leaving the 

17 United States, the employer shall pay the 

18 H–2B worker for the reasonable costs (in19 cluding daily subsistence) incurred by the 

20 worker for transportation from the place of 

21 their employment as an H–2B worker to 

22 the United States consulate that issued 

23 their visa. 

24 ‘‘(G) The employer has not and will not 

25 displace United States workers employed by the 


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1 employer during the period of employment of 

2 the H–2B workers and for a period of 60 days 

3 preceding such period in the occupation and at 

4 the area of employment set forth in the peti5 tion. 

6 ‘‘(H) The specific job opportunity that is 

7 the subject of the petition is not vacant because 

8 the former workers in that specific job are on 

9 strike or locked out in the course of a labor dis10 pute. 

11 ‘‘(I) The employer shall pay the H–2B 

12 workers, and any United States worker hired in 

13 response to the recruitment required by sub14 paragraph (E), the greatest of— 

15 ‘‘(i) the actual wage level paid by the 

16 employer to all other individuals with simi17 lar experience and qualifications for the 

18 specific employment in question; 

19 ‘‘(ii) the applicable Federal, State, or 

20 local minimum wage, whichever is greatest, 

21 or; 

22 ‘‘(iii) the prevailing wage level for the 

23 occupational classification in the area of 

24 employment. 


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1 ‘‘(J) The employer will notify the Secretary 

2 of Homeland Security within 2 work days of— 

3 ‘‘(i) an H–2B worker failing to report 

4 for work within 5 work days after the em5 ployment start date stated on the petition; 

6 ‘‘(ii) the labor or services for which 

7 the H–2B worker was hired being com8 pleted more than 30 days early; or 

9 ‘‘(iii) the employer discovering that an 

10 H–2B worker has failed to report for work 

11 at the regularly scheduled time for 5 or 

12 more consecutive working days without the 

13 consent of the employer. 

14 ‘‘(K) The employer— 

15 ‘‘(i) has not collected and will not col16 lect any job placement fee, payment for 

17 any activity related to preparing or filing 

18 the petition, or other compensation from a 

19 beneficiary of an H–2B petition as a condi20 tion of an offer of employment or a condi21 tion of H–2B employment (other than any 

22 government-mandated passport, visa, or in23 spection fees); 

24 ‘‘(ii) has contractually forbidden any 

25 agent, attorney, facilitator, recruiter, or 


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1 similar employment service from collecting 

2 such fees; and 

3 ‘‘(iii) shall ensure that the fees are re4 imbursed in full, if at any point the em5 ployer learns or has reason to know that 

6 any agent, attorney, facilitator, recruiter, 

7 or similar employment service has been 

8 paid such fees. 

9 ‘‘(4) EFFECT OF NOTICE.—An employer who 

10 notifies the Secretary of Homeland Security in ac11 cordance with paragraph (3)(J) may designate an el12 igible alien to replace an H–2B worker who fails to 

13 report for work notwithstanding the numerical limi14 tation in section 214(g)(1)(B). 

15 ‘‘(5) RECRUITMENT.— 

16 ‘‘(A) IN GENERAL.—The recruitment re17 quired by paragraph (3)(E) is satisfied if the 

18 employer— 

19 ‘‘(i) prior to filing the petition, placed 

20 a local job order with the State workforce 

21 agency serving the local area or areas 

22 where the work will be performed (or in 

23 the case of an itinerant employer, where 

24 the job is to begin), except that nothing in 

25 this clause shall require the employer to 


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1 file an interstate job order under section 

2 653 of title 20, Code of Federal Regula3 tions. The State workforce agency shall 

4 post the job order on its official agency 

5 website for a minimum of 30 days and not 

6 later than 3 days after receipt using the 

7 employment statistics system authorized 

8 under section 15 of the Wagner-Peyser Act 

9 (29 U.S.C. 49l–2); 

10 ‘‘(ii) offered or will offer United 

11 States workers not less than the same ben12 efits, wages, and working conditions that 

13 the employer is offering, intends to offer, 

14 or will provide to H–2B workers; 

15 ‘‘(iii) does not impose on recruited 

16 United States workers any restrictions or 

17 obligations which will not be imposed on 

18 the employer’s H–2B workers; and 

19 ‘‘(iv) has offered or will offer the job 

20 for which the H–2B worker(s) are sought, 

21 unless the employer has a lawful, job-re22 lated reason not to do so, to any eligible 

23 United State worker who— 

24 ‘‘(I) applies; 

25 ‘‘(II) is qualified for the job; and 


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1 ‘‘(III) will be available at the 

2 time and place of need. 

3 ‘‘(B) TERMINATION.—The requirement to 

4 offer a job to a United States worker ceases to 

5 apply as of the date the petition is approved. 

6 ‘‘(c) APPLICATION PROCESS.— 

7 ‘‘(1) ACCEPTANCE OF PETITIONS.—An em8 ployer may file a petition during the period that be9 gins on the 90th day, and ends on the 51st day, be10 fore the first date the employer requires the labor or 

11 services of a petitioned-for H–2B worker. 

12 ‘‘(2) ADJUDICATION OF PETITIONS.—The Sec13 retary of Homeland Security— 

14 ‘‘(A) shall approve the petition if the Sec15 retary determines that the employer— 

16 ‘‘(i) has established that the need for 

17 the nonagricultural services or labor to be 

18 performed is temporary in nature and that 

19 the number of worker positions being re20 quested is justified and represents bona 

21 fide job opportunities; 

22 ‘‘(ii) made the attestations required in 

23 subsection (b); and 

24 ‘‘(iii) has complied with all other re25 quirements of this section; and 


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1 ‘‘(B) shall submit notice to the petitioner 

2 of approval or nonapproval not later than the 

3 later of 45 days prior to the first date the em4 ployer requires the labor or services of a peti5 tioned-for H–2B worker, or 21 days following 

6 the date the employer files a petition for the H– 

7 2B worker. 

8 ‘‘(3) EXPEDITED ADMINISTRATIVE APPEALS.— 

9 The Secretary of Homeland Security shall promul10 gate regulations to provide for an expedited proce11 dure for the review of a denial of a petition under 

12 this section by the Secretary, which may include, at 

13 the petitioner’s request, a de novo administrative 

14 hearing regarding the denial of a petition at which 

15 new evidence may be introduced. 

16 ‘‘(d) ADMISSION OF AN H–2B WORKER.—An H–2B 

17 worker shall be admitted to the United States for the du18 ration of the work period in the petition, plus a period 

19 of up to 10 days before the work period begins and 10 

20 days after the work period ends. An H–2B worker is not 

21 authorized to be employed except during the work period 

22 set forth in the petition. 

23 ‘‘(e) LIMITATION ON AN H–2B WORKER’S STAY IN

24 STATUS.—An H–2B worker who has spent 3 years in the 

25 United States under section 101(a)(15)(H) and (L) may 


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1 not seek extension of stay, change status, or be readmitted 

2 to the United States pursuant to these provisions of such 

3 section unless the alien has resided and been physically 

4 present outside the United States for the immediately pre5 ceding 3 months. This limitation shall not apply to aliens 

6 who did not reside continually in the United States and 

7 whose employment in the United States was seasonal or 

8 intermittent or was for an aggregate of 6 months or less 

9 per year. 

10 ‘‘(f) HOUSING.—An employer is not required to pro11 vide housing or a housing allowance to an H–2B worker.’’. 

12 (c) ENFORCEMENT.—Section 214(c)(14) of the Im13 migration and Nationality Act (8 U.S.C. 1184(c)(14)) is 

14 amended— 

15 (1) by striking subparagraph (B); and 

16 (2) by redesignating subparagraphs (C) and 

17 (D) as subparagraphs (B) and (C), respectively. 

18 (d) CLERICAL AMENDMENT.—The table of contents 

19 of the Immigration and Nationality Act is amended by in20 serting after the item relating to section 218 the following: 

‘‘218A. Admission of temporary H–2B workers.’’. 

21 SEC. 4. ELIGIBILITY FOR FEDERAL PUBLIC BENEFITS AND 

22 REFUNDABLE TAX CREDITS. 

23 (a) FEDERAL PUBLIC BENEFITS.—An H–2B worker 

24 (as defined in section 218A(a)(1) of the Immigration and 

25 Nationality Act, as inserted by section 3 of this Act)— 


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1 (1) is not entitled to the premium assistance 

2 tax credit authorized under section 36B of the Inter3 nal Revenue Code of 1986; 

4 (2) shall be subject to the rules applicable to in5 dividuals who are not lawfully present set forth in 

6 subsection (e) of such section; and 

7 (3) shall be subject to the rules applicable to in8 dividuals who are not lawfully present set forth in 

9 section 1402(e) of the Patient Protection and Af10 fordable Care Act (42 U.S.C. 18071(e)). 

11 (b) REFUNDABLE TAX CREDITS.—An H–2B worker 

12 (as defined in section 218A(a)(1) of the Immigration and 

13 Nationality Act, as inserted by section 3 of this Act) shall 

14 not be allowed any credit under section 24 or 32 of the 

15 Internal Revenue Code of 1986. In the case of a joint re16 turn, no credit shall be allowed under either such section 

17 if both spouses are such a worker or alien. 

18 SEC. 5. REGULATIONS. 

19 The Department of Labor H–2B program regulations 

20 published at 73 Federal Register 78020 et seq. (2008) 

21 shall be in force for all petitions submitted under section 

22 101(a)(15)(H)(ii)(b) of the Immigration and Nationality 

23 Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) beginning on the 

24 date of the enactment of this Act until the effective date 

25 of regulations implementing this Act. Not later than 12 


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1 months after the date of the enactment of this Act, the 

2 Secretary of Homeland Security shall promulgate regula3 tions, in accordance with the notice and comment provi4 sions of section 553 of title 5, United States Code, to im5 plement the Secretary’s duties under this Act. The Sec6 retary of Homeland Security shall have the exclusive au7 thority to make rules to implement this Act. 

Æ 


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