II 

114TH CONGRESS 

2D SESSION S. 3439 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2016 

Mr. PAUL introduced the following bill; which was read twice and 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 Act’’. 

6 SEC. 2. H–2A WORKERS. 

7 (a) JOINT APPLICATION; PERIOD OF AUTHORIZED

8 ADMISSION.—Section 214(c)(1) of the Immigration and 

9 Nationality Act (8 U.S.C. 1184(c)(1)) is amended— 

10 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 


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•S 3439 IS

1 (2) by striking ‘‘Attorney General’’ each place 

2 such term appears and inserting ‘‘Director of U.S. 

3 Citizenship and Immigration Services’’; 

4 (3) by striking ‘‘For purposes’’ and inserting 

5 the following: 

6 ‘‘(B) For purposes’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(C) Multiple employers may submit a joint petition 

9 under subparagraph (A) to import aliens as non10 immigrants described in section 101(a)(15)(H)(ii)(a). 

11 Upon the approval of such petition, each joint employer 

12 shall be subject to the provisions under section 218 with 

13 respect to each alien listed in such petition. 

14 ‘‘(D) The period of authorized admission for a non15 immigrant described in section 101(a)(15)(H)(ii)(a) may 

16 not exceed the shorter of— 

17 ‘‘(i) the period for which a petitioner under this 

18 paragraph has contracted to employ such non19 immigrant; or 

20 ‘‘(ii) three years. 

21 ‘‘(E) If a petition to import aliens as nonimmigrants 

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

23 the issuance of visas requested through such petition is 

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

25 shall promptly notify the petitioner of the reasons for such 


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1 denial or delay and provide the petitioner with reasonable 

2 time to remedy the problem.’’. 

3 (b) LABOR CERTIFICATION; STAGGERED EMPLOY4 MENT DATES.—Section 218(h) of the Immigration and 

5 Nationality Act (8 U.S.C. 1188(h)) is amended by adding 

6 at the end the following: 

7 ‘‘(3) An employer that is seeking to rehire aliens as 

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

9 H–2A workers at any time during the most recent 12- 

10 month period may submit a simplified petition, to be devel11 oped by the Director of U.S. Citizenship and Immigration 

12 Services, in consultation with the Secretary of Labor, 

13 which shall include a certification that the employer main14 tains compliance with all applicable requirements with re15 spect to the employment of such aliens. Such petitions 

16 shall be approved upon completion of applicable security 

17 screenings. 

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

19 H–2A workers during different time periods in a given fis20 cal year may submit a single petition to U.S. Citizenship 

21 and Immigration Services that details the time period dur22 ing which each such alien is expected to be employed.’’. 


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1 SEC. 3. OPTION FOR ELECTRONIC REQUESTS FOR EVI2 DENCE. 

3 Section 218(h) of the Immigration and Nationality 

4 Act, as amended by section 2, is further amended by add5 ing at the end the following: 

6 ‘‘(5) If U.S. Citizenship and Immigration Services 

7 issues a Request for Evidence to an employer— 

8 ‘‘(A) the employer may request that U.S. Citi9 zenship and Immigration Services deliver such Re10 quest for Evidence in an online format; and 

11 ‘‘(B) if the employer makes such a request— 

12 ‘‘(i) the Request for Evidence shall be pro13 vided in an online format; and 

14 ‘‘(ii) not later than three business days 

15 after the employer submits the requested evi16 dence online, U.S. Citizenship and Immigration 

17 Services shall provide to the employer— 

18 ‘‘(I) an online response that indicates 

19 the submitted evidence is sufficient; or 

20 ‘‘(II) an online response that explains 

21 the reasons such evidence is not sufficient 

22 and an opportunity for the employer to ad23 dress any such deficiency.’’. 

Æ 


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