II 

108TH CONGRESS 

2D SESSION S. 2616 

To increase the availability of H–2B nonimmigrant visas during fiscal year 

2004 for rural border areas, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 7, 2004 

Mr. COLEMAN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To increase the availability of H–2B nonimmigrant visas 

during fiscal year 2004 for rural border areas, 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 ‘‘Emergency Relief for 

5 Rural Borderlands Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The laws of the United States that govern 

9 labor-based immigration require employers to give 
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1 United States workers priority for employment over 

2 foreign workers. 

3 (2) Many employers have found themselves un4 able to hire United States citizens for certain posi5 tions, particularly for temporary, seasonal employ6 ment. 

7 (3) Due to the historic availability of H–2B 

8 visas, many employers have developed business mod9 els based on an assumption that businesses will be 

10 able to hire temporary seasonal workers who are 

11 aliens. 

12 (4) During fiscal year 2004, the date on which 

13 no more H–2B visas could be issued because the 

14 maximum number of such visas available for such 

15 fiscal year had been issued was earlier than the date 

16 such maximum number had been reached during any 

17 prior fiscal year. 

18 (5) As a result of the maximum of H–2B visas 

19 being issued prior to the end of fiscal year 2004, 

20 many employers face an urgent shortage of workers 

21 that threatens to seriously erode the current and fu22 ture revenues of the employers’ businesses. 

23 (6) It is particularly difficult for employers lo24 cated in rural areas to attract workers and such em25 ployers have often relied on foreign workers. 
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1 (7) An employer located near an international 

2 border has a smaller radius for recruiting United 

3 States workers than an employer located more cen4 trally, which can create difficulties in finding United 

5 States workers to fill vacant positions. 

6 (8) Large employers located in rural areas are 

7 invaluable to the communities in which such employ8 ees are located, and a disruption in the business of 

9 such employers is devastating for such communities 

10 facing challenging economic conditions. 

11 SEC. 3. ADDITIONAL H–2B VISA ENTRANTS FOR FISCAL 

12 YEAR 2004. 

13 (a) IN GENERAL.—During fiscal year 2004, an alien 

14 who is issued a visa under section 101(a)(15)(H)(ii)(b) of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 101(a)(15)(H)(ii)(b)) may not be counted toward the nu17 merical limitation set out in section 214(g)(1)(B) of such 

18 Act (8 U.S.C. 1184(g)(1)(B)) if such alien is providing 

19 temporary service or labor in the United States— 

20 (1) at a work site that is located— 

21 (A) in a rural area; and 

22 (B) not more than 50 miles from an inter23 national border; and 

24 (2) for an employer that has hired aliens who 

25 received visas under such section 
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1 101(a)(15)(H)(ii)(b) during not less than 2 of the 

2 fiscal years between fiscal years 1999 and 2003. 

3 (b) EXPEDITED VISA PROCESSING.—During fiscal 

4 year 2004, a petition for a nonimmigrant visa submitted 

5 by an alien who intends to provide temporary service or 

6 labor that meets the requirements of paragraphs (1) and 

7 (2) of subsection (a) shall be processed not more than 30 

8 days after the date of the submission of such petition. 

9 SEC. 4. RURAL AREA DEFINED. 

10 In this Act, the term ‘‘rural area’’ has the meaning 

11 given that term in section 343(a) of the Consolidated 

12 Farm and Rural Development Act (7 U.S.C. 1991(a)). 

13 SEC. 5. EFFECTIVE DATE. 

14 Section 3(a) of this Act shall take effect as if enacted 

15 on September 30, 2003. 

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