I 
114TH CONGRESS 
1ST SESSION H. R. 3918 
To modify the provisions of the Immigration and Nationality Act relating 
to nonimmigrant visas issued under section 101(a)(15)(H)(ii)(b) of such 
Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 4, 2015 
Mr. CHABOT (for himself, Mr. GOODLATTE, Mr. HARRIS, and Mr. BOUSTANY) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committee on Ways and Means, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To modify the provisions of the Immigration and Nationality 
Act relating to nonimmigrant visas issued under section 
101(a)(15)(H)(ii)(b) of such Act, 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 ‘‘Strengthen Employ-
ment And Seasonal Opportunities Now (SEASON) Act’’. 
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SEC. 2. H–2B NUMERICAL LIMITATIONS. 
(a) IN GENERAL.—Section 214(g)(9)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1184(g)(9)(A)) 
is amended to read as follows: 
‘‘(A) Subject to subparagraphs (B) and (C), an alien 
who has already been counted toward the numerical limi-
tation of paragraph (1)(B) during 1 of the 3 fiscal years 
preceding a fiscal year shall not again be counted toward 
such limitation during that fiscal year. Such an alien shall 
be considered a returning worker.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if enacted on January 
1, 2015. 
SEC. 3. H–2B TEMPORARY NON-AGRICULTURAL WORK VISA 
PROGRAM. 
(a) DEFINITION.—Section 214(g)(9) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(g)(9)) is amend-
ed by adding at the end the following: 
‘‘(D) For purposes of section 101(a)(15)(H)(ii)(b), 
the term ‘other temporary service or labor’ means that an 
employer’s need for labor will last not more than 1 year 
and is a seasonal, peak load, or intermittent need, unless 
it is a one-time occurrence lasting not longer than 3 years. 
For purposes of the preceding sentence, a ‘seasonal’ need 
for labor is a need for labor that lasts not longer than 
10 months.’’. 
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(b) ADMISSION OF TEMPORARY H–2B WORKERS.— 
Chapter 2 of title II of the Immigration and Nationality 
Act (8 U.S.C. 1181 et seq.) is amended by inserting after 
section 218 the following: 
‘‘§ 218A. Admission of temporary H–2B workers 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) The term ‘H–2B worker’ means a non-
immigrant described in section 101(a)(15)(H)(ii)(b). 
‘‘(2) The term ‘United States worker’ means 
any worker who is— 
‘‘(A) a citizen or national of the United 
States; or 
‘‘(B) an alien who is lawfully admitted for 
permanent residence, is admitted as a refugee 
under section 207, is granted asylum under sec-
tion 208, or is an immigrant otherwise author-
ized by this Act to be employed. 
‘‘(3) The term ‘displace’ means to lay off a 
worker from a job that is essentially equivalent to 
the job for which an H–2B worker is sought. A job 
shall not be considered to be ‘essentially equivalent’ 
to another job unless the job— 
‘‘(A) involves essentially the same respon-
sibilities as such other job; 
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‘‘(B) was held by a United States worker 
with substantially equivalent qualifications and 
experience; and 
‘‘(C) is located in the same area of employ-
ment as the other job. 
‘‘(4) The term ‘layoff’— 
‘‘(A) means to cause a worker’s loss of em-
ployment, other than through a discharge for 
inadequate performance, violation of workplace 
rules, cause, voluntary departure, voluntary re-
tirement, or the expiration of a grant or con-
tract (other than a temporary employment con-
tract entered into in order to evade a condition 
described in subsection (b)(2)(G)); and 
‘‘(B) does not include any situation in 
which the worker is offered, as an alternative to 
such loss of employment, a similar employment 
opportunity with the same employer at equiva-
lent or higher compensation and benefits than 
the position from which the employee was dis-
charged, regardless of whether or not the em-
ployee accepts the offer. 
‘‘(5) The term ‘full time’ means 30 or more 
hours per week, except that where a State or an es-
tablished practice in an industry has developed a 
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definition of full-time employment for any occupa-
tion that is less than 30 hours per week, that defini-
tion shall have precedence. 
‘‘(6) The term ‘prevailing wage’ means— 
‘‘(A) if the job opportunity is covered by a 
collective bargaining agreement that was nego-
tiated at arms’ length between the union and 
the employer, the wage rate set forth in the col-
lective bargaining agreement; 
‘‘(B) If the H–2B worker is a professional 
athlete whose job opportunity is covered by pro-
fessional sports league rules or regulations, the 
wage set forth in section 212(p)(2); 
‘‘(C) if subparagraphs (A) and (B) do not 
apply, at the employer’s option— 
‘‘(i) the wage rate provided by the De-
partment of Homeland Security that re-
flects the mean wage of workers similarly 
employed at the skill level in the area of 
employment based on Bureau of Labor 
Statistics data; or 
‘‘(ii) the wage rate indicated by a 
wage survey prepared by an entity other 
than the Federal Government where— 
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‘‘(I) the survey data was collected 
within 24 months; 
‘‘(II) the survey was published 
within the prior 24 months; 
‘‘(III) the employer’s job descrip-
tion adequately matches the job de-
scription in the survey; 
‘‘(IV) the survey reflects the area 
of intended employment, if there are 
substantially comparable jobs in the 
area of intended employment; 
‘‘(V) the survey is across indus-
tries that employ workers in the occu-
pation; 
‘‘(VI) the wage determination re-
flects the mean wage of workers simi-
larly employed (and, at the employer’s 
discretion, at the same skill level) in 
the area of intended employment; and 
‘‘(VII) the survey identifies a sta-
tistically valid methodology that was 
used to collect the data. 
‘‘(b) PETITIONS.— 
‘‘(1) IN GENERAL.—An employer that seeks to 
employ an alien as an H–2B worker shall file with 
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the Secretary of Homeland Security a petition (and 
shall not be required to make any additional filings 
with the Secretary of Labor). 
‘‘(2) CONTENTS.—In the petition, the employer 
shall include the following: 
‘‘(A) The number of named and unnamed 
H–2B workers the employer is seeking to em-
ploy. 
‘‘(B) The reason for the employer’s tem-
porary (consistent with section 214(g)(9)(D)) 
and full time need for the H–2B workers and 
the occupations sought. 
‘‘(C) The area of employment and work-
sites of the H–2B workers, except that for 
itinerant industries that do not operate in a sin-
gle fixed-site location, an employer shall provide 
a list of work locations. 
‘‘(D) The time period during which the H– 
2B workers will be needed (the ‘work period’), 
including whether actual entry will be stag-
gered. 
‘‘(3) ATTESTATIONS.—In the petition, the em-
ployer shall attest to the following: 
‘‘(A) 
The 
employer’s 
need 
for 
non-
agricultural services or labor is temporary (con-
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sistent with section 214(g)(9)(D)), and full- 
time. 
‘‘(B) The work period, reason for tem-
porary need, and number of positions being re-
quested have been truly and accurately stated 
in the petition. 
‘‘(C) The employer is offering terms and 
working conditions normal to U.S. workers 
similarly employed in the area of intended em-
ployment. 
‘‘(D) The employer will provide to each H– 
2B worker covered by the petition, prior to the 
submission of the H–2B worker’s visa applica-
tion, written disclosure of the terms and condi-
tions of their employment. 
‘‘(E) The employer conducted recruitment 
for United States workers consistent with para-
graph (4) before filing the petition and was un-
successful in locating sufficient qualified United 
States workers for the job opportunity for 
which the H–2B workers are sought. 
‘‘(F) The employer will provide or reim-
burse transportation expenses to an H–2B 
worker consistent with the following rules: 
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‘‘(i) If an H–2B worker completes 50 
percent of the work period set forth in the 
petition, the employer shall pay the H–2B 
worker for the reasonable costs (including 
daily subsistence) incurred by the worker 
for transportation from the United States 
consulate that issued their visa, or, if al-
ready lawfully present in the United States 
in H–2B status or otherwise, from their 
previous place of residence in the United 
States, to the place of their employment as 
an H–2B worker. 
‘‘(ii) In addition to an employer’s obli-
gations under section 214(c)(5)(A), if an 
H–2B worker completes the work period 
set forth in the petition, and is leaving the 
United States, the employer shall pay the 
H–2B worker for the reasonable costs (in-
cluding daily subsistence) incurred by the 
worker for transportation from the place of 
their employment as an H–2B worker to 
the United States consulate that issued 
their visa. 
‘‘(G) The employer has not and will not 
displace United States workers employed by the 
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employer during the period of employment of 
the H–2B workers and for a period of 60 days 
preceding such period in the occupation and at 
the area of employment set forth in the peti-
tion. 
‘‘(H) The specific job opportunity that is 
the subject of the petition is not vacant because 
the former workers in that specific job are on 
strike or locked out in the course of a labor dis-
pute. 
‘‘(I) The employer shall pay the H–2B 
workers, and any United States worker hired in 
response to the recruitment required by sub-
paragraph (E), the greatest of— 
‘‘(i) the actual wage level paid by the 
employer to all other individuals with simi-
lar experience and qualifications for the 
specific employment in question; 
‘‘(ii) the applicable Federal, State, or 
local minimum wage, whichever is greatest, 
or; 
‘‘(iii) the prevailing wage level for the 
occupational classification in the area of 
employment. 
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‘‘(J) The employer will notify the Secretary 
of Homeland Security within 2 work days of— 
‘‘(i) an H–2B worker failing to report 
for work within 5 work days after the em-
ployment start date stated on the petition; 
‘‘(ii) the labor or services for which 
the H–2B worker was hired being com-
pleted more than 30 days early; or 
‘‘(iii) the employer discovering that an 
H–2B worker has failed to report for work 
at the regularly scheduled time for 5 or 
more consecutive working days without the 
consent of the employer. 
‘‘(K) The employer— 
‘‘(i) has not collected and will not col-
lect any job placement fee, payment for 
any activity related to preparing or filing 
the petition, or other compensation from a 
beneficiary of an H–2B petition as a condi-
tion of an offer of employment or a condi-
tion of H–2B employment (other than any 
government-mandated passport, visa, or in-
spection fees); 
‘‘(ii) has contractually forbidden any 
agent, attorney, facilitator, recruiter, or 
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similar employment service from collecting 
such fees; and 
‘‘(iii) shall ensure that the fees are re-
imbursed in full, if at any point the em-
ployer learns or has reason to know that 
any agent, attorney, facilitator, recruiter, 
or similar employment service has been 
paid such fees. 
‘‘(4) EFFECT OF NOTICE.—An employer who 
notifies the Secretary of Homeland Security in ac-
cordance with paragraph (3)(J) may designate an el-
igible alien to replace an H–2B worker who fails to 
report for work notwithstanding the numerical limi-
tation in section 214(g)(1)(B). 
‘‘(5) RECRUITMENT.— 
‘‘(A) IN GENERAL.—The recruitment re-
quired by paragraph (3)(E) is satisfied if the 
employer— 
‘‘(i) prior to filing the petition, placed 
a local job order with the State workforce 
agency serving the local area or areas 
where the work will be performed (or in 
the case of an itinerant employer, where 
the job is to begin), except that nothing in 
this clause shall require the employer to 
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file an interstate job order under section 
653 of title 20, Code of Federal Regula-
tions. The State workforce agency shall 
post the job order on its official agency 
website for a minimum of 30 days and not 
later than 3 days after receipt using the 
employment statistics system authorized 
under section 15 of the Wagner-Peyser Act 
(29 U.S.C. 49l–2); 
‘‘(ii) offered or will offer United 
States workers not less than the same ben-
efits, wages, and working conditions that 
the employer is offering, intends to offer, 
or will provide to H–2B workers; 
‘‘(iii) does not impose on recruited 
United States workers any restrictions or 
obligations which will not be imposed on 
the employer’s H–2B workers; and 
‘‘(iv) has offered or will offer the job 
for which the H–2B worker(s) are sought, 
unless the employer has a lawful, job-re-
lated reason not to do so, to any eligible 
United State worker who— 
‘‘(I) applies; 
‘‘(II) is qualified for the job; and 
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‘‘(III) will be available at the 
time and place of need. 
‘‘(B) TERMINATION.—The requirement to 
offer a job to a United States worker ceases to 
apply as of the date the petition is approved. 
‘‘(c) APPLICATION PROCESS.— 
‘‘(1) ACCEPTANCE
OF
PETITIONS.—An em-
ployer may file a petition during the period that be-
gins on the 90th day, and ends on the 51st day, be-
fore the first date the employer requires the labor or 
services of a petitioned-for H–2B worker. 
‘‘(2) ADJUDICATION OF PETITIONS.—The Sec-
retary of Homeland Security— 
‘‘(A) shall approve the petition if the Sec-
retary determines that the employer— 
‘‘(i) has established that the need for 
the nonagricultural services or labor to be 
performed is temporary in nature and that 
the number of worker positions being re-
quested is justified and represents bona 
fide job opportunities; 
‘‘(ii) made the attestations required in 
subsection (b); and 
‘‘(iii) has complied with all other re-
quirements of this section; and 
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‘‘(B) shall submit notice to the petitioner 
of approval or nonapproval not later than the 
later of 45 days prior to the first date the em-
ployer requires the labor or services of a peti-
tioned-for H–2B worker, or 21 days following 
the date the employer files a petition for the H– 
2B worker. 
‘‘(3) EXPEDITED ADMINISTRATIVE APPEALS.— 
The Secretary of Homeland Security shall promul-
gate regulations to provide for an expedited proce-
dure for the review of a denial of a petition under 
this section by the Secretary, which may include, at 
the petitioner’s request, a de novo administrative 
hearing regarding the denial of a petition at which 
new evidence may be introduced. 
‘‘(d) ADMISSION OF AN H–2B WORKER.—An H–2B 
worker shall be admitted to the United States for the du-
ration of the work period in the petition, plus a period 
of up to 10 days before the work period begins and 10 
days after the work period ends. An H–2B worker is not 
authorized to be employed except during the work period 
set forth in the petition. 
‘‘(e) LIMITATION ON AN H–2B WORKER’S STAY IN 
STATUS.—An H–2B worker who has spent 3 years in the 
United States under section 101(a)(15)(H) and (L) may 
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not seek extension of stay, change status, or be readmitted 
to the United States pursuant to these provisions of such 
section unless the alien has resided and been physically 
present outside the United States for the immediately pre-
ceding 3 months. This limitation shall not apply to aliens 
who did not reside continually in the United States and 
whose employment in the United States was seasonal or 
intermittent or was for an aggregate of 6 months or less 
per year. 
‘‘(f) HOUSING.—An employer is not required to pro-
vide housing or a housing allowance to an H–2B worker.’’. 
(c) ENFORCEMENT.—Section 214(c)(14) of the Im-
migration and Nationality Act (8 U.S.C. 1184(c)(14)) is 
amended— 
(1) by striking subparagraph (B); and 
(2) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively. 
(d) CLERICAL AMENDMENT.—The table of contents 
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 218 the following: 
‘‘218A. Admission of temporary H–2B workers.’’. 
SEC. 4. ELIGIBILITY FOR FEDERAL PUBLIC BENEFITS AND 
REFUNDABLE TAX CREDITS. 
(a) FEDERAL PUBLIC BENEFITS.—An H–2B worker 
(as defined in section 218A(a)(1) of the Immigration and 
Nationality Act, as inserted by section 3 of this Act)— 
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(1) is not entitled to the premium assistance 
tax credit authorized under section 36B of the Inter-
nal Revenue Code of 1986; 
(2) shall be subject to the rules applicable to in-
dividuals who are not lawfully present set forth in 
subsection (e) of such section; and 
(3) shall be subject to the rules applicable to in-
dividuals who are not lawfully present set forth in 
section 1402(e) of the Patient Protection and Af-
fordable Care Act (42 U.S.C. 18071(e)). 
(b) REFUNDABLE TAX CREDITS.—An H–2B worker 
(as defined in section 218A(a)(1) of the Immigration and 
Nationality Act, as inserted by section 3 of this Act) shall 
not be allowed any credit under section 24 or 32 of the 
Internal Revenue Code of 1986. In the case of a joint re-
turn, no credit shall be allowed under either such section 
if both spouses are such a worker or alien. 
SEC. 5. REGULATIONS. 
The Department of Labor H–2B program regulations 
published at 73 Federal Register 78020 et seq. (2008) 
shall be in force for all petitions submitted under section 
101(a)(15)(H)(ii)(b) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) beginning on the 
date of the enactment of this Act until the effective date 
of regulations implementing this Act. Not later than 12 
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months after the date of the enactment of this Act, the 
Secretary of Homeland Security shall promulgate regula-
tions, in accordance with the notice and comment provi-
sions of section 553 of title 5, United States Code, to im-
plement the Secretary’s duties under this Act. The Sec-
retary of Homeland Security shall have the exclusive au-
thority to make rules to implement this Act. 
Æ 
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