I 

112TH CONGRESS 

1ST SESSION H. R. 1720 

To improve the H–2A agricultural worker program for use by dairy workers, 

sheepherders, and goat herders, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2011 

Mr. OWENS (for himself and Mr. WELCH) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To improve the H–2A agricultural worker program for use 

by dairy workers, sheepherders, and goat herders, 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 ‘‘H–2A Improvement 

5 Act’’. 

6 SEC. 2. NONIMMIGRANT STATUS FOR DAIRY WORKERS, 

7 SHEEPHERDERS, AND GOAT HERDERS. 

8 Section 101(a)(15)(H)(ii)(a) of the Immigration and 

9 Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is 

10 amended by inserting ‘‘who is coming temporarily to the 


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1 United States to perform agricultural labor or services as 

2 a dairy worker, sheepherder, or goat herder, or’’ after 

3 ‘‘abandoning’’. 

4 SEC. 3. SPECIAL RULES FOR ALIENS EMPLOYED AS DAIRY 

5 WORKERS, SHEEPHERDERS, OR GOAT HERD6 ERS. 

7 Section 218 of the Immigration and Nationality Act 

8 (8 U.S.C. 1188) is amended— 

9 (1) by redesignating subsections (h) and (i) as 

10 subsections (i) and (j), respectively; and 

11 (2) by inserting after subsection (g) the fol12 lowing: 

13 ‘‘(h) SPECIAL RULES FOR ALIENS EMPLOYED AS

14 DAIRY WORKERS, SHEEPHERDERS, OR GOAT HERD15 ERS.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding any other 

17 provision of this Act, an alien admitted as a non18 immigrant under section 101(a)(15)(H)(ii)(a) for 

19 employment as a dairy worker, sheepherder, or goat 

20 herder— 

21 ‘‘(A) may be admitted for an initial period 

22 of 3 years; and 

23 ‘‘(B) subject to paragraph (3)(E), may 

24 have such initial period of admission extended 

25 for an additional period of up to 3 years. 


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1 ‘‘(2) EXEMPTION FROM TEMPORARY OR SEA2 SONAL REQUIREMENT.—Not withstanding section 

3 101(a)(15)(H)(ii)(a), an employer filing a petition to 

4 employ H–2A workers in positions as dairy workers, 

5 sheepherders, or goat herders shall not be required 

6 to show that such positions are of a seasonal or tem7 porary nature. 

8 ‘‘(3) ADJUSTMENT TO LAWFUL PERMANENT

9 RESIDENT STATUS.— 

10 ‘‘(A) ELIGIBLE ALIEN.—In this paragraph, 

11 the term ‘eligible alien’ means an alien who— 

12 ‘‘(i) has H–2A worker status based on 

13 employment as a dairy worker, sheep14 herder, or goat herder; 

15 ‘‘(ii) has maintained such status in 

16 the United States for not fewer than 33 of 

17 the preceding 36 months; and 

18 ‘‘(iii) is seeking to receive an immi19 grant visa under section 203(b)(3)(A)(iii). 

20 ‘‘(B) CLASSIFICATION PETITION.—A peti21 tion under section 204 for classification of an 

22 eligible alien under section 203(b)(3)(A)(iii) 

23 may be filed by— 

24 ‘‘(i) the alien’s employer on behalf of 

25 the eligible alien; or 


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1 ‘‘(ii) the eligible alien. 

2 ‘‘(C) NO LABOR CERTIFICATION RE3 QUIRED.—Notwithstanding section 

4 203(b)(3)(C), no determination under section 

5 212(a)(5)(A) is required with respect to an im6 migrant visa under section 203(b)(3)(A)(iii) for 

7 an eligible alien. 

8 ‘‘(D) EFFECT OF PETITION.—The filing of 

9 a petition described in subparagraph (B) or an 

10 application for adjustment of status based on a 

11 petition described in subparagraph (B) shall not 

12 be a basis for denying— 

13 ‘‘(i) another petition to employ H–2A 

14 workers; 

15 ‘‘(ii) an extension of nonimmigrant 

16 status for a H–2A worker; 

17 ‘‘(iii) admission of an alien as an H– 

18 2A worker; 

19 ‘‘(iv) a request for a visa for an H– 

20 2A worker; 

21 ‘‘(v) a request from an alien to modify 

22 the alien’s immigration status to or from 

23 status as an H–2A worker; or 


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1 ‘‘(vi) a request made for an H–2A 

2 worker to extend such worker’s stay in the 

3 United States. 

4 ‘‘(E) EXTENSION OF STAY.—The Sec5 retary of Homeland Security shall extend the 

6 stay of an eligible alien having a pending or ap7 proved petition described in subparagraph (B) 

8 in 1-year increments until a final determination 

9 is made on the alien’s eligibility for adjustment 

10 of status to that of an alien lawfully admitted 

11 for permanent residence. 

12 ‘‘(F) CONSTRUCTION.—Nothing in this 

13 paragraph may be construed to prevent an eligi14 ble alien from seeking adjustment of status in 

15 accordance with any other provision of law.’’. 

Æ 


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