I 
112TH CONGRESS 
2D SESSION 
H. R. 6373 
To amend the Immigration and Nationality Act to simplify the petitioning 
procedure for H–2A workers, to expand the scope of the H–2A program, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 11, 2012 
Mr. GIBSON (for himself, Mr. REED, and Mr. OWENS) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to simplify 
the petitioning procedure for H–2A workers, to expand 
the scope of the H–2A program, 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 ‘‘Family Farm Relief 
Act of 2012’’. 
SEC. 2. ELECTRONIC FILING SYSTEM FOR H–2A PETITIONS. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Agriculture shall establish 
a process for receiving petitions for nonimmigrant visas 
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under section 101(a)(15)(H)(ii)(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)). In es-
tablishing such process, the Secretary shall ensure— 
(1) that petitioners may file such petitions over 
the Internet on an Internet Web page of the Sec-
retary; 
(2) that any software developed to process such 
petitions on such Internet Web page shall indicate to 
the petitioner any technical deficiency in the applica-
tion prior to submission; and 
(3) that each petitioner shall be able to file 
such petition in a paper format. 
SEC. 3. REPEAL OF 50-PERCENT DOMESTIC WORKFORCE 
REQUIREMENT. 
Subparagraph (B) of section 218(c)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 1188(c)(3)) is re-
pealed, and any rule made by the Secretary of Labor or 
the Secretary of Homeland Security to carry out such sub-
paragraph may not continue in effect. 
SEC. 4. PREVAILING PRACTICES SURVEY. 
In the case of an employer petitioning under section 
218 of the Immigration and Nationality Act (8 U.S.C. 
1188), the submission of a prevailing practice survey re-
garding employment practices shall not be required. 
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SEC. 5. ALTERATION OF REGION OF REFERENCE. 
Section 218(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1188(b)(3)) is amended by striking ‘‘within 
a multi-state region of traditional or expected labor sup-
ply’’ and inserting ‘‘within an area of 150 square miles 
in the United States centered around the place of employ-
ment’’. 
SEC. 6. PROHIBITION AND REPEAL OF CERTAIN RULES. 
(a) RULES REGARDING RECRUITMENT AND REFER-
RAL REQUIREMENT.—The Secretary of Agriculture may 
not make any rule for purposes of carrying out section 
218(b)(3) of the Immigration and Nationality Act that— 
(1) requires that an employer advertise an offer 
of employment— 
(A) on a particular date; or 
(B) in a particular publication; 
(2) requires that an employer contact workers 
who the employer employed in the prior year or 
growing season; or 
(3) requires that an employer submit a recruit-
ment report. 
(b) PROHIBITION ON REQUIREMENT OF CERTIFI-
CATION BY EMPLOYERS.— 
(1) IN GENERAL.—The Secretary of Agriculture 
or the Secretary of Homeland Security may not 
make any rule pertaining to a petition under section 
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101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act, that requires an employer to provide a cer-
tification of— 
(A) recruitment advertisements; or 
(B) recruitment reports. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed as limiting the authority 
of the Secretary to require an attestation regarding 
such matters from any such employer. 
(c) REPEAL OF EXISTING RULES.—Any rule that is 
described in subsection (a) that is currently in effect may 
not continue in effect beginning on the date that is 60 
days after the date of enactment of this Act. 
SEC. 7. INCLUSION OF CERTAIN DAIRY WORKERS. 
(a) IN GENERAL.—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 ‘‘, labor 
as a dairy worker’’ before ‘‘, and the pressing of apples 
for cider’’. 
(b) LENGTH OF STAY FOR DAIRY WORKERS.—Sec-
tion 218 of the Immigration and Nationality Act (8 U.S.C. 
1188) is amended by adding at the end the following: 
‘‘(j) SPECIAL RULE FOR DAIRY WORKERS.—Not-
withstanding any other provision of this section, an H– 
2A worker who is admitted for purposes of performing 
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