A bill to improve the H-2A agricultural worker program for use by dairy workers, sheepherders, and goat herders, and for other purposes.

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 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 HERDERS.

    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;
            (2) by inserting after subsection (g) the following:
    ``(h) Special Rules for Aliens Employed as Dairy Workers, 
Sheepherders, or Goat Herders.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, an alien admitted as a nonimmigrant 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.
            ``(2) Exemption from temporary or seasonal 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 temporary 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, sheepherder, or 
                        goat herder;
                            ``(ii) has maintained such status in the 
                        United States for a not fewer than 33 of the 
                        preceding 36 months; and
                            ``(iii) is seeking to receive an immigrant 
                        visa under section 203(b)(3)(A)(iii).
                    ``(B) Classification petition.--A petition 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
                            ``(ii) the eligible alien.
                    ``(C) No labor certification required.--
                Notwithstanding section 203(b)(3)(C), no determination 
                under section 212(a)(5)(A) is required with respect to 
                an immigrant visa under section 203(b)(3)(A)(iii) for 
                an eligible alien.
                    ``(D) Effect of petition.--The filing of a petition 
                described in subparagraph (B) or an application for 
                adjustment of status based on a petition described in 
                subparagraph (B) shall not be a basis fo denying--
                            ``(i) another petition to employ H-2A 
                        workers;
                            ``(ii) an extension of nonimmigrant status 
                        for a H-2A worker;
                            ``(iii) admission of an alien as an H-2A 
                        worker;
                            ``(iv) a request for a visa for an H-2A 
                        worker;
                            ``(v) a request from an alien to modify the 
                        alien's immigration status to or from status as 
                        an H-2A worker; or
                            ``(vi) a request made for an H-2A worker to 
                        extend such worker's stay in the United States.
                    ``(E) Extension of stay.--The Secretary of Homeland 
                Security shall extend the stay of an eligible alien 
                having a pending or approved 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 eligible alien from seeking 
                adjustment of status in accordance with any other 
                provision of law.''; and
            (3) in subsection (j)(1), as redesignated by paragraph (1), 
        by striking ``The term'' and inserting ``Except as provided 
        under subsection (h)(2)(A), the term''.

Summary: H-2A Improvement Act - Amends the Immigration and Nationality Act to include within the H-2A nonimmigrant visa category (temporary agricultural workers) an alien coming temporarily to the United States to work as a sheepherder, goat herder, or dairy worker. Exempts an employer filing a petition to employ such a worker from the requirement to show that the position is of a seasonal or temporary nature.

Provides for a three-year initial period of admission with additional three-year extensions.

Authorizes such alien to petition to become a lawful permanent resident after having worked as a sheepherder, goat herder, or dairy worker in the United States for not fewer than 33 of the preceding 36 months.