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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘H–2A Improvement 
Act’’. 
SEC. 2. NONIMMIGRANT STATUS FOR DAIRY WORKERS, 
SHEEPHERDERS, AND GOAT HERDERS. 
Section 101(a)(15)(H)(ii)(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is 
amended by inserting ‘‘who is coming temporarily to the 
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United States to perform agricultural labor or services as 
a dairy worker, sheepherder, or goat herder, or’’ after 
‘‘abandoning’’. 
SEC. 3. SPECIAL RULES FOR ALIENS EMPLOYED AS DAIRY 
WORKERS, SHEEPHERDERS, OR GOAT HERD-
ERS. 
Section 218 of the Immigration and Nationality Act 
(8 U.S.C. 1188) is amended— 
(1) by redesignating subsections (h) and (i) as 
subsections (i) and (j), respectively; and 
(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) SPECIAL RULES FOR ALIENS EMPLOYED AS 
DAIRY WORKERS, SHEEPHERDERS, OR GOAT HERD-
ERS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this Act, an alien admitted as a non-
immigrant under section 101(a)(15)(H)(ii)(a) for 
employment as a dairy worker, sheepherder, or goat 
herder— 
‘‘(A) may be admitted for an initial period 
of 3 years; and 
‘‘(B) subject to paragraph (3)(E), may 
have such initial period of admission extended 
for an additional period of up to 3 years. 
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‘‘(2) EXEMPTION FROM TEMPORARY OR SEA-
SONAL
REQUIREMENT.—Not withstanding section 
101(a)(15)(H)(ii)(a), an employer filing a petition to 
employ H–2A workers in positions as dairy workers, 
sheepherders, or goat herders shall not be required 
to show that such positions are of a seasonal or tem-
porary nature. 
‘‘(3) ADJUSTMENT
TO
LAWFUL
PERMANENT 
RESIDENT STATUS.— 
‘‘(A) ELIGIBLE ALIEN.—In this paragraph, 
the term ‘eligible alien’ means an alien who— 
‘‘(i) has H–2A worker status based on 
employment as a dairy worker, sheep-
herder, or goat herder; 
‘‘(ii) has maintained such status in 
the United States for not fewer than 33 of 
the preceding 36 months; and 
‘‘(iii) is seeking to receive an immi-
grant visa under section 203(b)(3)(A)(iii). 
‘‘(B) CLASSIFICATION PETITION.—A peti-
tion under section 204 for classification of an 
eligible alien under section 203(b)(3)(A)(iii) 
may be filed by— 
‘‘(i) the alien’s employer on behalf of 
the eligible alien; or 
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‘‘(vi) a request made for an H–2A 
worker to extend such worker’s stay in the 
United States. 
‘‘(E) EXTENSION
OF
STAY.—The Sec-
retary of Homeland Security shall extend the 
stay of an eligible alien having a pending or ap-
proved petition described in subparagraph (B) 
in 1-year increments until a final determination 
is made on the alien’s eligibility for adjustment 
of status to that of an alien lawfully admitted 
for permanent residence. 
‘‘(F) CONSTRUCTION.—Nothing in this 
paragraph may be construed to prevent an eligi-
ble alien from seeking adjustment of status in 
accordance with any other provision of law.’’. 
Æ 
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