I 

117TH CONGRESS 

1ST SESSION H. R. 206 

To streamline the application process for H–2A employers, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 5, 2021 

Mr. KELLY of Mississippi introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

To streamline the application process for H–2A employers, 

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 ‘‘Paperwork Reduction 

5 for Farmers and H–2A Modernization Act’’. 

6 SEC. 2. H–2A PROGRAM UPDATES. 

7 (a) IN GENERAL.—Section 101(a)(15)(H) of the Im8 migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 

9 is amended— 


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1 (1) by striking ‘‘an alien (i)(b) subject to’’ and 

2 inserting the following: ‘‘an alien— 

3 ‘‘(i)(b) subject to’’; 

4 (2) by striking ‘‘or (ii)(a)’’ and all that follows 

5 through ‘‘seasonal nature,’’ and inserting the fol6 lowing: 

7 ‘‘(ii)(a) who has a residence in a foreign 

8 country that the alien has no intention of aban9 doning and is coming temporarily to the United 

10 States to perform agricultural labor or services 

11 (as defined by the Secretary of Labor, by regu12 lation), of a temporary or seasonal nature, in13 cluding agricultural labor (as defined in section 

14 3121(g) of the Internal Revenue Act of 1986), 

15 agriculture (as defined in section 3(f) of the 

16 Fair Labor Standards Act of 1938 (29 U.S.C. 

17 203(f))), the pressing of apples for cider on a 

18 farm, fish cutting and trimming, including 

19 labor or services relating to landscaping and 

20 groundskeeping, forestry- and conservation-re21 lated services, services relating primarily to the 

22 cultivation, installation, and establishment of 

23 horticultural commodities (without regard to 

24 commodity source or location), labor as a year25 round equine worker, labor as a year-round liveVerDate Sep 11 2014 22:19 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H206.IH H206

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1 stock worker (including as a dairy, cattle, or 

2 poultry worker), labor in aquaculture, and the 

3 processing of wild seafood, and all other labor 

4 that falls within Standard Occupational Classi5 fication Code 37–3000 (Grounds Maintenance 

6 Workers), 45–0000 (Farming, Fishing, and 

7 Forestry Occupations), or 45–4000 (Forest, 

8 Conservation, and Logging Workers);’’; and 

9 (3) by striking ‘‘(iii) having a residence in a 

10 foreign country which he has no intention of aban11 doning who’’ and inserting the following: 

12 ‘‘(iii) who has a residence in a foreign 

13 country that the alien has no intention of aban14 doning and’’. 

15 (b) JOINT APPLICATION; DEFICIENCY REMEDY.— 

16 Section 214(c)(1) of the Immigration and Nationality Act 

17 (8 U.S.C. 1184(c)(1)) is amended— 

18 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(B) Multiple employers may submit a joint petition 

21 under subparagraph (A) to import aliens as non22 immigrants described in section 101(a)(15)(H)(ii)(a). 

23 Upon the approval of such petition, each joint employer 

24 shall be subject to the provisions under section 218 with 

25 respect to each alien listed in such petition. If any indiVerDate Sep 11 2014 22:19 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H206.IH H206

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1 vidual party to such a joint contract violates any condition 

2 for approval with respect to the application or provisions 

3 under section 218 with respect to each alien listed in such 

4 petition, after notice and opportunity for a hearing, the 

5 contract may be modified to remove the party in violation 

6 from the contract at no penalty to the remaining parties. 

7 ‘‘(C) If a petition to import aliens as nonimmigrants 

8 described in section 101(a)(15)(H)(ii)(a) is denied or if 

9 the issuance of visas requested through such petition is 

10 delayed due to a problem with the petition, the Director 

11 of U.S. Citizenship and Immigration Services shall 

12 promptly notify the petitioner of the reasons for such de13 nial or delay and provide the petitioner with reasonable 

14 time to remedy the problem.’’. 

15 (c) LABOR CERTIFICATION; STAGGERED EMPLOY16 MENT DATES.—Section 218(h) of the Immigration and 

17 Nationality Act (8 U.S.C. 1188(h)), as amended by sec18 tion 3(b), is further amended by adding at the end the 

19 following: 

20 ‘‘(4) An employer that is seeking to rehire aliens as 

21 H–2A workers who previously worked for the employer as 

22 H–2A workers may submit a simplified petition, to be de23 veloped by the Director of U.S. Citizenship and Immigra24 tion Services, in consultation with the Secretary of Labor, 

25 which shall include a certification that the employer mainVerDate Sep 11 2014 22:19 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H206.IH H206

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1 tains compliance with all applicable requirements with re2 spect to the employment of such aliens. Such petitions 

3 shall be approved upon completion of applicable security 

4 screenings. 

5 ‘‘(5) An employer that is seeking to hire aliens as 

6 H–2A workers during different time periods in a given fis7 cal year may submit a single petition to U.S. Citizenship 

8 and Immigration Services that details the time period dur9 ing which each such alien is expected to be employed. 

10 ‘‘(6) Upon receiving notification from an employer 

11 that the employer’s H–2A worker has prematurely aban12 doned employment or has failed to appear for employment 

13 and such employer wishes to replace such worker— 

14 ‘‘(A) the Secretary of State shall promptly issue 

15 a visa under section 101(a)(15)(H)(ii)(a) to an eligi16 ble alien designated by the employer to replace that 

17 worker; and 

18 ‘‘(B) the Secretary of Homeland Security shall 

19 promptly admit such alien into the United States 

20 upon completion of applicable security screenings.’’. 

21 SEC. 3. ELECTRONIC FILING AND APPEALS SYSTEM FOR H– 

22 2A PETITIONS. 

23 (a) IN GENERAL.—Not later than 1 year after the 

24 date of the enactment of this Act, the Secretary of Labor 

25 shall establish a process for filing petitions for nonVerDate Sep 11 2014 22:19 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H206.IH H206

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1 immigrant visas under section 101(a)(15)(H)(ii)(a) of the 

2 Immigration and Nationality Act (8 U.S.C. 

3 1101(a)(15)(H)(ii)(a)) that ensures that— 

4 (1) petitioners may file such petitions through 

5 the Department of Labor’s website; 

6 (2) any software developed to process such peti7 tions indicates to the petitioner any technical defi8 ciency in the application before submission; and 

9 (3) any petitioner may file such petition in a 

10 paper format if such petitioner prefers such format. 

11 (b) REQUEST FOR EVIDENCE.—Section 218(h) of the 

12 Immigration and Nationality Act (8 U.S.C. 1188(h)) is 

13 amended by adding at the end the following: 

14 ‘‘(3) If U.S. Citizenship and Immigration Services 

15 issues a Request for Evidence to an employer— 

16 ‘‘(A) the employer may request such Request 

17 for Evidence to be delivered in an online format; and 

18 ‘‘(B) if the employer makes the request de19 scribed in subparagraph (A)— 

20 ‘‘(i) the Request for Evidence shall be pro21 vided to the employer in an online format; and 

22 ‘‘(ii) not later than 10 business days after 

23 the employer submits the requested evidence 

24 online, U.S. Citizenship and Immigration ServVerDate Sep 11 2014 22:19 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H206.IH H206

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1 ices shall provide an online response to the em2 ployer— 

3 ‘‘(I) indicating that the submitted evi4 dence is sufficient; or 

5 ‘‘(II) explaining the reasons that such 

6 evidence is not sufficient and providing the 

7 employer with an opportunity to address 

8 any such deficiency.’’. 

9 SEC. 4. SAFE HARBOR FROM PENALTIES FOR DOCUMENT 

10 FRAUD. 

11 Section 274C of the Immigration and Nationality Act 

12 (8 U.S.C. 1324c) is amended— 

13 (1) by redesignating subsection (c) as sub14 section (g) and moving such subsection so that it ap15 pears immediately following subsection (f); and 

16 (2) by inserting after subsection (b) the fol17 lowing: 

18 ‘‘(c) SAFE HARBOR.—Any employer who uses a 

19 third-party preparer to file an application for non20 immigrant visas for workers the employer intends to hire 

21 shall not be subject to civil or criminal penalties under 

22 this section for errors or omissions on such application if 

23 the employer reasonably believed that the application was 


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1 accurate and in compliance with all applicable statutory 

2 requirements.’’. 

Æ 


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