II 

109TH CONGRESS 

1ST SESSION S. 352 

To revise certain requirements for H–2B employers and require submission 

of information regarding H–2B nonimmigrants, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2005 

Ms. MIKULSKI (for herself, Mr. GREGG, Mr. LEAHY, Mr. WARNER, Mr. 

CHAFEE, Mr. THOMAS, Mr. LEVIN, Mr. SALAZAR, Mr. ALLEN, Mr. KENNEDY, Mr. JEFFORDS, Ms. COLLINS, Mr. SARBANES, Ms. SNOWE, Mr. 

DORGAN, Mr. REED, Mr. DAYTON, and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To revise certain requirements for H–2B employers and require submission of information regarding H–2B nonimmigrants, 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 ‘‘Save Our Small and 

5 Seasonal Businesses Act of 2005’’. 
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1 SEC. 2. NUMERICAL LIMITATIONS ON H–2B WORKERS. 

2 (a) IN GENERAL.—Section 214(g) of the Immigra3 tion and Nationality Act (8 U.S.C. 1184(g)) is amended 

4 by adding at the end the following: 

5 ‘‘(9) An alien counted toward the numerical limita6 tions of paragraph (1)(B) during any one of the 3 fiscal 

7 years prior to the submission of a petition for a non8 immigrant worker described in section 

9 101(a)(15)(H)(ii)(b) may not be counted toward such lim10 itation for the fiscal year in which the petition is ap11 proved.’’. 

12 (b) EFFECTIVE DATE.— 

13 (1) IN GENERAL.—The amendment in sub14 section (a) shall take effect as if enacted on October 

15 1, 2004, and shall expire on October 1, 2006. 

16 (2) IMPLEMENTATION.—Not later than the date 

17 of enactment of this Act, the Secretary of Homeland 

18 Security shall begin accepting and processing peti19 tions filed on behalf of aliens described in section 

20 101(a)(15)(H)(ii)(b), in a manner consistent with 

21 this Act and the amendments made by this Act. 

22 SEC. 3. FRAUD PREVENTION AND DETECTION FEE. 

23 (a) IMPOSITION OF FEE.—Section 214(c) of the Im24 migration and Nationality Act (8 U.S.C. 1184(c)), as 

25 amended by section 426(a) of division J of the Consoli-
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1 dated Appropriations Act, 2005 (Public Law 108–447), 

2 is amended by adding at the end the following: 

3 ‘‘(13)(A) In addition to any other fees authorized by 

4 law, the Secretary of Homeland Security shall impose a 

5 fraud prevention and detection fee on an employer filing 

6 a petition under paragraph (1) for nonimmigrant workers 

7 described in section 101(a)(15)(H)(ii)(b). 

8 ‘‘(B) The amount of the fee imposed under subpara9 graph (A) shall be $150.’’. 

10 (b) USE OF FEES.— 

11 (1) FRAUD PREVENTION AND DETECTION AC12 COUNT.—Subsection (v) of section 286 of the Immi13 gration and Nationality Act (8 U.S.C. 1356), as 

14 added by section 426(b) of division J of the Consoli15 dated Appropriations Act, 2005 (Public Law 108– 

16 447), is amended— 

17 (A) in paragraphs (1), (2)(A), (2)(B), 

18 (2)(C), and (2)(D) by striking ‘‘H1–B and L’’ 

19 each place it appears; 

20 (B) in paragraph (1), as amended by sub21 paragraph (A), by striking ‘‘section 214(c)(12)’’ 

22 and inserting ‘‘paragraph (12) or (13) of sec23 tion 214(c)’’; 

24 (C) in paragraphs (2)(A)(i) and (2)(B), as 

25 amended by subparagraph (A), by striking 
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1 ‘‘(H)(i)’’ each place it appears and inserting 

2 ‘‘(H)(i), (H)(ii), ’’; and 

3 (D) in paragraph (2)(D), as amended by 

4 subparagraph (A), by inserting before the pe5 riod at the end ‘‘or for programs and activities 

6 to prevent and detect fraud with respect to peti7 tions under paragraph (1) or (2)(A) of section 

8 214(c) to grant an alien nonimmigrant status 

9 described in section 101(a)(15)(H)(ii)’’. 

10 (2) CONFORMING AMENDMENT.—The heading 

11 of such subsection 286 is amended by striking ‘‘H1– 

12 B AND L’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 subsections (a) and (b) shall take effect on October 1, 

15 2005. 

16 SEC. 4. SANCTIONS. 

17 (a) IN GENERAL.—Section 214(c) of the Immigration 

18 and Nationality Act (8 U.S.C. 1184(c)), as amended by 

19 section 3, is further amended by adding at the end the 

20 following: 

21 ‘‘(14)(A) If the Secretary of Homeland Security 

22 finds, after notice and an opportunity for a hearing, a sub23 stantial failure to meet any of the conditions of the peti24 tion to admit or otherwise provide status to a non25 immigrant worker under section 101(a)(15)(H)(ii)(b) or 
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1 a willful misrepresentation of a material fact in such peti2 tion— 

3 ‘‘(i) the Secretary of Homeland Security may, 

4 in addition to any other remedy authorized by law, 

5 impose such administrative remedies (including civil 

6 monetary penalties in an amount not to exceed 

7 $10,000 per violation) as the Secretary of Homeland 

8 Security determines to be appropriate; and 

9 ‘‘(ii) the Secretary of Homeland Security may 

10 deny petitions filed with respect to that employer 

11 under section 204 or paragraph (1) of this sub12 section during a period of at least 1 year but not 

13 more than 5 years for aliens to be employed by the 

14 employer. 

15 ‘‘(B) The Secretary of Homeland Security may dele16 gate to the Secretary of Labor, with the agreement of the 

17 Secretary of Labor, any of the authority given to the Sec18 retary of Homeland Security under subparagraph (A)(i). 

19 ‘‘(C) In determining the level of penalties to be as20 sessed under subparagraph (A), the highest penalties shall 

21 be reserved for willful failures to meet any of the condi22 tions of the petition that involve harm to United States 

23 workers. 

24 ‘‘(D) In this paragraph, the term ‘substantial failure’ 

25 means the willful failure to comply with the requirements 
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1 of this section that constitutes a significant deviation from 

2 the terms and conditions of a petition.’’. 

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

4 subsection (a) shall take effect on October 1, 2005. 

5 SEC. 5. ALLOCATION OF H–2B VISAS DURING A FISCAL 

6 YEAR. 

7 Section 214(g) of the Immigration and Nationality 

8 Act (8 U.S.C. 1184(g)), as amended by section 2, is fur9 ther amended by adding at the end the following new para10 graph: 

11 ‘‘(10) The numerical limitations of paragraph (1)(B) 

12 shall be allocated for a fiscal year so that the total number 

13 of aliens who enter the United States pursuant to a visa 

14 or other provision of nonimmigrant status under section 

15 101(a)(15)(H)(ii)(b) during the first 6 months of such fis16 cal year is not more than 33,000.’’. 

17 SEC. 6. SUBMISSION TO CONGRESS OF INFORMATION RE18 GARDING H–2B NONIMMIGRANTS. 

19 Section 416 of the American Competitiveness and 

20 Workforce Improvement Act of 1998 (title IV of division 

21 C of Public Law 105–277; 8 U.S.C. 1184 note) is amend22 ed— 

23 (1) by striking ‘‘Attorney General’’ each place 

24 that term appears and inserting ‘‘Secretary of 

25 Homeland Security’’; and 
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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(d) PROVISION OF INFORMATION.— 

4 ‘‘(1) QUARTERLY NOTIFICATION.—Beginning 

5 not later than March 1, 2006, the Secretary of 

6 Homeland Security shall notify, on a quarterly basis, 

7 the Committee on the Judiciary of the Senate and 

8 the Committee on the Judiciary of House of Rep9 resentatives of the number of aliens who during the 

10 preceding 1-year period— 

11 ‘‘(A) were issued visas or otherwise pro12 vided nonimmigrant status under section 

13 101(a)(15)(H)(ii)(b) of the Immigration and 

14 Nationality Act (8 U.S.C. 

15 1101(a)(15)(H)(ii)(b)); or 

16 ‘‘(B) had such a visa or such status expire 

17 or be revoked or otherwise terminated. 

18 ‘‘(2) ANNUAL SUBMISSION.—Beginning in fiscal 

19 year 2007, the Secretary of Homeland Security shall 

20 submit, on an annual basis, to the Committees on 

21 the Judiciary of the House of Representatives and 

22 the Senate— 

23 ‘‘(A) information on the countries of origin 

24 of, occupations of, and compensation paid to 

25 aliens who were issued visas or otherwise pro-
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1 vided nonimmigrant status under section 

2 101(a)(15)(H)(ii)(b) of the Immigration and 

3 Nationality Act (8 U.S.C. 

4 1101(a)(15)(H)(ii)(b)) during the previous fis5 cal year; 

6 ‘‘(B) the number of aliens who had such a 

7 visa or such status expire or be revoked or oth8 erwise terminated during each month of such 

9 fiscal year; and 

10 ‘‘(C) the number of aliens who were pro11 vided nonimmigrant status under such section 

12 during both such fiscal year and the preceding 

13 fiscal year. 

14 ‘‘(3) INFORMATION MAINTAINED BY STATE.—If 

15 the Secretary of Homeland Security determines that 

16 information maintained by the Secretary of State is 

17 required to make a submission described in para18 graph (1) or (2), the Secretary of State shall provide 

19 such information to the Secretary of Homeland Se20 curity upon request.’’. 

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