I 

115TH CONGRESS 

1ST SESSION H. R. 2004 

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 

APRIL 6, 2017 

Mr. CHABOT (for himself, Mr. CHAFFETZ, Mr. HARRIS, Mr. YODER, and Mr. 

GIBBS) 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 a fiscal year shall not 

8 again be counted toward such limitation during each suc9 ceeding consecutive fiscal year in which the alien is issued 

10 a visa or otherwise provided nonimmigrant status under 

11 section 101(a)(15)(H)(ii)(b). Such an alien shall be con12 sidered a returning worker.’’. 

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

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

15 1, 2017. 

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

17 PROGRAM. 

18 (a) DEFINITION.—Section 214(g)(9) of the Immigra19 tion and Nationality Act (8 U.S.C. 1184(g)(9)) is amend20 ed by adding at the end the following: 

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

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

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

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

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

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


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

2 10 months.’’. 

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

4 Chapter 2 of title II of the Immigration and Nationality 

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

6 section 218 the following: 

7 ‘‘§ 218A. Admission of temporary H–2B workers 

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

9 ‘‘(1) The term ‘H–2B worker’ means a non10 immigrant described in section 101(a)(15)(H)(ii)(b). 

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

12 any worker who is— 

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

14 States; or 

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

16 permanent residence, is admitted as a refugee 

17 under section 207, is granted asylum under sec18 tion 208, or is an immigrant otherwise author19 ized by this Act to be employed. 

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

21 worker from a job that is essentially equivalent to 

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

23 shall not be considered to be ‘essentially equivalent’ 

24 to another job unless the job— 


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1 ‘‘(A) involves essentially the same respon2 sibilities as such other job; 

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

4 with substantially equivalent qualifications and 

5 experience; and 

6 ‘‘(C) is located in the same area of employ7 ment as the other job. 

8 ‘‘(4) The term ‘layoff’— 

9 ‘‘(A) means to cause a worker’s loss of em10 ployment, other than through a discharge for 

11 inadequate performance, violation of workplace 

12 rules, cause, voluntary departure, voluntary re13 tirement, or the expiration of a grant or con14 tract (other than a temporary employment con15 tract entered into in order to evade a condition 

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

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

18 which the worker is offered, as an alternative to 

19 such loss of employment, a similar employment 

20 opportunity with the same employer at equiva21 lent or higher compensation and benefits than 

22 the position from which the employee was dis23 charged, regardless of whether or not the em24 ployee accepts the offer. 


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

2 hours per week, except that where a State or an es3 tablished practice in an industry has developed a 

4 definition of full-time employment for any occupa5 tion that is less than 30 hours per week, that defini6 tion shall have precedence. 

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

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

9 collective bargaining agreement that was nego10 tiated at arms’ length between the union and 

11 the employer, the wage rate set forth in the col12 lective bargaining agreement; 

13 ‘‘(B) if the H–2B worker is a professional 

14 athlete whose job opportunity is covered by pro15 fessional sports league rules or regulations, the 

16 wage set forth in section 212(p)(2); and 

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

18 apply, at the employer’s option— 

19 ‘‘(i) the wage rate provided by the De20 partment of Homeland Security that re21 flects the mean wage of workers similarly 

22 employed at the skill level in the area of 

23 employment based on Bureau of Labor 

24 Statistics data; or 


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

2 wage survey prepared by an entity other 

3 than the Federal Government where— 

4 ‘‘(I) the survey data was collected 

5 within 24 months; 

6 ‘‘(II) the survey was published 

7 within the prior 24 months; 

8 ‘‘(III) the employer’s job descrip9 tion adequately matches the job de10 scription in the survey; 

11 ‘‘(IV) the survey reflects the area 

12 of intended employment, if there are 

13 substantially comparable jobs in the 

14 area of intended employment; 

15 ‘‘(V) the survey is across indus16 tries that employ workers in the occu17 pation; 

18 ‘‘(VI) the wage determination re19 flects the mean wage of workers simi20 larly employed (and, at the employer’s 

21 discretion, at the same skill level) in 

22 the area of intended employment; and 

23 ‘‘(VII) the survey identifies a sta24 tistically valid methodology that was 

25 used to collect the data. 


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1 ‘‘(b) PETITIONS.— 

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

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

4 the Secretary of Homeland Security a petition (and 

5 shall not be required to make any additional filings 

6 with the Secretary of Labor). 

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

8 shall include the following: 

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

10 H–2B workers the employer is seeking to em11 ploy. 

12 ‘‘(B) The reason for the employer’s tem13 porary (consistent with section 214(g)(9)(D)) 

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

15 the occupations sought. 

16 ‘‘(C) The area of employment and work17 sites of the H–2B workers, except that for 

18 itinerant industries that do not operate in a sin19 gle fixed-site location, an employer shall provide 

20 a list of work locations. 

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

22 2B workers will be needed (the ‘work period’), 

23 including whether actual entry will be stag24 gered. 


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1 ‘‘(3) ATTESTATIONS.—In the petition, the em2 ployer shall attest to the following: 

3 ‘‘(A) The employer’s need for non4 agricultural services or labor is temporary (con5 sistent with section 214(g)(9)(D)), and full 

6 time. 

7 ‘‘(B) The work period, reason for tem8 porary need, and number of positions being re9 quested have been truly and accurately stated 

10 in the petition. 

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

12 working conditions normal to U.S. workers 

13 similarly employed in the area of intended em14 ployment. 

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

16 2B worker covered by the petition, prior to the 

17 submission of the H–2B worker’s visa applica18 tion, written disclosure of the terms and condi19 tions of their employment. 

20 ‘‘(E) The employer conducted recruitment 

21 for United States workers consistent with para22 graph (4) before filing the petition and was un23 successful in locating sufficient qualified United 

24 States workers for the job opportunity for 

25 which the H–2B workers are sought. 


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1 ‘‘(F) The employer will provide or reim2 burse transportation expenses to an H–2B 

3 worker consistent with the following rules: 

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

5 percent of the work period set forth in the 

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

7 worker for the reasonable costs (including 

8 daily subsistence) incurred by the worker 

9 for transportation from the United States 

10 consulate that issued their visa, or, if al11 ready lawfully present in the United States 

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

13 previous place of residence in the United 

14 States, to the place of their employment as 

15 an H–2B worker. 

16 ‘‘(ii) In addition to an employer’s obli17 gations under section 214(c)(5)(A), if an 

18 H–2B worker completes the work period 

19 set forth in the petition, and is leaving the 

20 United States, the employer shall pay the 

21 H–2B worker for the reasonable costs (in22 cluding daily subsistence) incurred by the 

23 worker for transportation from the place of 

24 their employment as an H–2B worker to 


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1 the United States consulate that issued 

2 their visa. 

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

4 displace United States workers employed by the 

5 employer during the period of employment of 

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

7 preceding such period in the occupation and at 

8 the area of employment set forth in the peti9 tion. 

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

11 the subject of the petition is not vacant because 

12 the former workers in that specific job are on 

13 strike or locked out in the course of a labor dis14 pute. 

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

16 workers, and any United States worker hired in 

17 response to the recruitment required by sub18 paragraph (E), the greatest of— 

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

20 employer to all other individuals with simi21 lar experience and qualifications for the 

22 specific employment in question; 

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

24 local minimum wage, whichever is greatest; 

25 or 


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

2 occupational classification in the area of 

3 employment. 

4 ‘‘(J) The employer shall notify the Sec5 retary of Homeland Security within 2 work 

6 days of— 

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

8 for work within 5 work days after the em9 ployment start date stated on the petition; 

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

11 the H–2B worker was hired being com12 pleted more than 30 days early; or 

13 ‘‘(iii) the employer discovering that an 

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

15 at the regularly scheduled time for 5 or 

16 more consecutive working days without the 

17 consent of the employer. 

18 ‘‘(K) The employer— 

19 ‘‘(i) has not collected and will not col20 lect any job placement fee, payment for 

21 any activity related to preparing or filing 

22 the petition, or other compensation from a 

23 beneficiary of an H–2B petition as a condi24 tion of an offer of employment or a condi25 tion of H–2B employment (other than any 


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1 government-mandated passport, visa, or in2 spection fees); 

3 ‘‘(ii) has contractually forbidden any 

4 agent, attorney, facilitator, recruiter, or 

5 similar employment service from collecting 

6 such fees; and 

7 ‘‘(iii) shall ensure that the fees are re8 imbursed in full, if at any point the em9 ployer learns or has reason to know that 

10 any agent, attorney, facilitator, recruiter, 

11 or similar employment service has been 

12 paid such fees. 

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

14 notifies the Secretary of Homeland Security in ac15 cordance with paragraph (3)(J) may designate an el16 igible alien to replace an H–2B worker who fails to 

17 report for work notwithstanding the numerical limi18 tation in section 214(g)(1)(B). 

19 ‘‘(5) RECRUITMENT.— 

20 ‘‘(A) IN GENERAL.—The recruitment re21 quired by paragraph (3)(E) is satisfied if the 

22 employer— 

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

24 a local job order with the State workforce 

25 agency serving the local area or areas 


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1 where the work will be performed (or in 

2 the case of an itinerant employer, where 

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

4 this clause shall require the employer to 

5 file an interstate job order under section 

6 653 of title 20, Code of Federal Regula7 tions. The State workforce agency shall 

8 post the job order on its official agency 

9 website for a minimum of 30 days and not 

10 later than 3 days after receipt using the 

11 employment statistics system authorized 

12 under section 15 of the Wagner-Peyser Act 

13 (29 U.S.C. 49l–2); 

14 ‘‘(ii) offered or will offer United 

15 States workers not less than the same ben16 efits, wages, and working conditions that 

17 the employer is offering, intends to offer, 

18 or will provide to H–2B workers; 

19 ‘‘(iii) does not impose on recruited 

20 United States workers any restrictions or 

21 obligations which will not be imposed on 

22 the employer’s H–2B workers; and 

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

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

25 unless the employer has a lawful, job-reVerDate Sep 11 2014 01:23 Apr 14, 2017 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2004.IH H2004

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1 lated reason not to do so, to any eligible 

2 United States worker who— 

3 ‘‘(I) applies; 

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

5 ‘‘(III) will be available at the 

6 time and place of need. 

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

8 offer a job to a United States worker ceases to 

9 apply as of the date the petition is approved. 

10 ‘‘(c) APPLICATION PROCESS.— 

11 ‘‘(1) ACCEPTANCE OF PETITIONS.—An em12 ployer may file a petition during the period that be13 gins on the 90th day, and ends on the 51st day, be14 fore the first date the employer requires the labor or 

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

16 ‘‘(2) ADJUDICATION OF PETITIONS.—The Sec17 retary of Homeland Security— 

18 ‘‘(A) shall approve the petition if the Sec19 retary determines that the employer— 

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

21 the nonagricultural services or labor to be 

22 performed is temporary in nature and that 

23 the number of worker positions being re24 quested is justified and represents bona 

25 fide job opportunities; 


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1 ‘‘(ii) made the attestations required in 

2 subsection (b); and 

3 ‘‘(iii) has complied with all other re4 quirements of this section; and 

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

6 of approval or nonapproval not later than the 

7 later of 45 days prior to the first date the em8 ployer requires the labor or services of a peti9 tioned-for H–2B worker, or 21 days following 

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

11 2B worker. 

12 ‘‘(3) EXPEDITED ADMINISTRATIVE APPEALS.— 

13 The Secretary of Homeland Security shall promul14 gate regulations to provide for an expedited proce15 dure for the review of a denial of a petition under 

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

17 the petitioner’s request, a de novo administrative 

18 hearing regarding the denial of a petition at which 

19 new evidence may be introduced. 

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

21 worker shall be admitted to the United States for the du22 ration of the work period in the petition, plus a period 

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

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


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1 authorized to be employed except during the work period 

2 set forth in the petition. 

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

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

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

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

7 to the United States pursuant to these provisions of such 

8 section unless the alien has resided and been physically 

9 present outside the United States for the immediately pre10 ceding 3 months. This limitation shall not apply to aliens 

11 who did not reside continually in the United States and 

12 whose employment in the United States was seasonal or 

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

14 per year. 

15 ‘‘(f) HOUSING.—An employer is not required to pro16 vide housing or a housing allowance to an H–2B worker.’’. 

17 (c) ENFORCEMENT.—Section 214(c)(14) of the Im18 migration and Nationality Act (8 U.S.C. 1184(c)(14)) is 

19 amended— 

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

21 (2) by redesignating subparagraphs (C) and 

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

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

24 of the Immigration and Nationality Act is amended by in25 serting after the item relating to section 218 the following: 

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


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1 SEC. 4. ELIGIBILITY FOR FEDERAL PUBLIC BENEFITS AND 

2 REFUNDABLE TAX CREDITS. 

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

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

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

6 (1) is not entitled to the premium assistance 

7 tax credit authorized under section 36B of the Inter8 nal Revenue Code of 1986; 

9 (2) shall be subject to the rules applicable to in10 dividuals who are not lawfully present set forth in 

11 subsection (e) of such section; and 

12 (3) shall be subject to the rules applicable to in13 dividuals who are not lawfully present set forth in 

14 section 1402(e) of the Patient Protection and Af15 fordable Care Act (42 U.S.C. 18071(e)). 

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

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

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

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

20 Internal Revenue Code of 1986. In the case of a joint re21 turn, no credit shall be allowed under either such section 

22 if both spouses are such a worker or alien. 

23 SEC. 5. REGULATIONS. 

24 The Department of Labor H–2B program regulations 

25 published at 73 Fed. Reg. 78020 et seq. (2008) shall be 

26 in force for all petitions submitted under section 


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1 101(a)(15)(H)(ii)(b) of the Immigration and Nationality 

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

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

4 of regulations implementing this Act. Not later than 12 

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

6 Secretary of Homeland Security shall promulgate regula7 tions, in accordance with the notice and comment provi8 sions of section 553 of title 5, United States Code, to im9 plement the Secretary’s duties under this Act. The Sec10 retary of Homeland Security shall have the exclusive au11 thority to make rules to implement this Act. 

Æ 


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