II 

112TH CONGRESS 

1ST SESSION S. 852 

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

sheepherders, and goat herders, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2011 

Mr. LEAHY (for himself, Mr. ENZI, Mr. SANDERS, Mr. KOHL, Mr. SCHUMER, 

and Mrs. GILLIBRAND) introduced the following bill; which was read 

twice and 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 


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

2 United States to perform agricultural labor or services as 

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

4 ‘‘abandoning’’. 

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

6 WORKERS, SHEEPHERDERS, OR GOAT HERD7 ERS. 

8 Section 218 of the Immigration and Nationality Act 

9 (8 U.S.C. 1188) is amended— 

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

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

12 (2) by inserting after subsection (g) the fol13 lowing: 

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

15 DAIRY WORKERS, SHEEPHERDERS, OR GOAT HERD16 ERS.— 

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

18 provision of this Act, an alien admitted as a non19 immigrant under section 101(a)(15)(H)(ii)(a) for 

20 employment as a dairy worker, sheepherder, or goat 

21 herder— 

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

23 of 3 years; and 


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

2 have such initial period of admission extended 

3 for an additional period of up to 3 years. 

4 ‘‘(2) EXEMPTION FROM TEMPORARY OR SEA5 SONAL REQUIREMENT.—Not withstanding section 

6 101(a)(15)(H)(ii)(a), an employer filing a petition to 

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

8 sheepherders, or goat herders shall not be required 

9 to show that such positions are of a seasonal or tem10 porary nature. 

11 ‘‘(3) ADJUSTMENT TO LAWFUL PERMANENT

12 RESIDENT STATUS.— 

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

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

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

16 employment as a dairy worker, sheep17 herder, or goat herder; 

18 ‘‘(ii) has maintained such status in 

19 the United States for a not fewer than 33 

20 of the preceding 36 months; and 

21 ‘‘(iii) is seeking to receive an immi22 grant visa under section 203(b)(3)(A)(iii). 

23 ‘‘(B) CLASSIFICATION PETITION.—A peti24 tion under section 204 for classification of an 


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

2 may be filed by— 

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

4 the eligible alien; or 

5 ‘‘(ii) the eligible alien. 

6 ‘‘(C) NO LABOR CERTIFICATION RE7 QUIRED.—Notwithstanding section 

8 203(b)(3)(C), no determination under section 

9 212(a)(5)(A) is required with respect to an im10 migrant visa under section 203(b)(3)(A)(iii) for 

11 an eligible alien. 

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

13 a petition described in subparagraph (B) or an 

14 application for adjustment of status based on a 

15 petition described in subparagraph (B) shall not 

16 be a basis for denying— 

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

18 workers; 

19 ‘‘(ii) an extension of nonimmigrant 

20 status for a H–2A worker; 

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

22 2A worker; 

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

24 2A worker; 


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

2 the alien’s immigration status to or from 

3 status as an H–2A worker; or 

4 ‘‘(vi) a request made for an H–2A 

5 worker to extend such worker’s stay in the 

6 United States. 

7 ‘‘(E) EXTENSION OF STAY.—The Sec8 retary of Homeland Security shall extend the 

9 stay of an eligible alien having a pending or ap10 proved petition described in subparagraph (B) 

11 in 1-year increments until a final determination 

12 is made on the alien’s eligibility for adjustment 

13 of status to that of an alien lawfully admitted 

14 for permanent residence. 

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

16 paragraph may be construed to prevent an eligi17 ble alien from seeking adjustment of status in 

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

Æ 


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