Acute Labor Shortage Solutions Act of 2022
Bill: H.R.7441 | Sponsor: Rep. Bourdeaux, Carolyn (D-GA)
Policy area: Immigration

Summary:
Acute Labor Shortage Solutions Act of 2022
This bill authorizes the Department of Homeland Security (DHS) to exempt non-U.S. nationals (aliens under federal law) from certain annual caps on admission upon a determination that, due to an acute labor shortage, the needs of American businesses in certain sectors cannot be met with American workers.
Such exemptions shall be available from FY2022 through FY2024 and may be available for an additional fiscal year if the Department of Labor determines such an extension is warranted due to U.S. labor shortages.

To provide for the exemption from numerical limitation of certain 
 employment-based immigrants for purposes of filling a labor shortage, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Acute Labor Shortage Solutions Act 
of 2022''.

SEC. 2. LABOR SHORTAGE.

    (a) In General.--Beginning not later than 90 days after the date of 
enactment of this Act, the Secretary of Homeland Security, after 
consultation with the Secretary of Labor, and upon the determination 
that the needs of American businesses in any sector referred to in 
subsection (b) is experiencing an acute labor shortage that cannot be 
satisfied in fiscal year 2022 with United States workers, may exempt 
aliens, in blocs of not more than 250 aliens, from the numerical 
limitations under sections 201(d), 202(a) (if such alien is classified 
under section 203(b)(3)), and 203(b)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(3)). Any 
petition subject to such exemption shall be approved not later than 180 
days after the effective date of this Act.
    (b) Sectors Identified.--An industrial sector identified in this 
section is a classified under any of the following North American 
Industrial Classification System codes:
            (1) 311811.
            (2) 311812.
            (3) 311813.
            (4) 311821.
            (5) 311824.
            (6) 311830.
            (7) 311911.
            (8) 311919.
            (9) 311920.
            (10) 311930.
            (11) 311941.
            (12) 311942.
            (13) 311991.
            (14) 311999.
            (15) 312111.
            (16) 312112.
            (17) 312113.
            (18) 321211.
            (19) 321212.
            (20) 321213.
            (21) 321214.
            (22) 321219.
            (23) 321911.
            (24) 321912.
            (25) 321918.
            (26) 321920.
            (27) 321991.
            (28) 321992.
            (29) 321999.
            (30) 484110.
            (31) 484121.
            (32) 484122.
            (33) 722310.
            (34) 722320.
            (35) 722330.
            (36) 722410.
            (37) 722511.
            (38) 722513.
            (39) 722514.
            (40) 722515.
            (41) 811111.
            (42) 811112.
            (43) 811113.
            (44) 811118.
            (45) 811121.
            (46) 811122.
            (47) 811191.
            (48) 811192.
            (49) 811198.
    (c) Effective Date.--This Act shall remain in effect only for 
fiscal years 2022 through 2024, except that the Secretary of Homeland 
Security may extend such date by an additional 1 fiscal year is if the 
Secretary of Labor makes a determination that labor shortages in the 
U.S. warrant such an extension.
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