Title: Save Our Small and Seasonal Businesses Act of 2017
Policy area: Immigration

Summary:
Save Our Small and Seasonal Businesses Act of 2017
This bill amends the Immigration and Nationality Act to declare that, effective as if enacted on January 1, 2017, a returning H-2B visa alien (temporary nonagricultural worker) who has already been counted toward the applicable numerical limitation shall:
"Other temporary service or labor" for H-2B purposes means that an employer's labor need will last: (1) at most 1 year if peak load or intermittent, unless it is a one-time occurrence not to exceed 3 years; or (2) not to exceed 10 months if the employer's need is seasonal.
An H-2B employer shall file an employee petition with the Department of Homeland Security (DHS), which shall have exclusive authority to issue rules and final determinations for the H-2B visa program.
H-2B employer requirements are set forth regarding: (1) petitions, (2) admissions and maximum stay in status, (3) housing, (4) enforcement, (5) transportation, (6) recruitment, (7) U.S. worker protections, (8) wages, and (9) absconding workers.
DHS shall consult with the Department of State to develop an electronic notification system to notify the latter within 48 hours after an H-2B petition's final approval.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 792 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 792

   To amend the Immigration and Nationality Act to establish an H-2B 
 temporary non-agricultural work visa program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2017

Mr. Tillis (for himself, Mr. King, Mr. Thune, Ms. Collins, Mr. Rounds, 
  Mr. Cornyn, Ms. Murkowski, and Mr. Blunt) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to establish an H-2B 
 temporary non-agricultural work visa program, 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 ``Save Our Small and Seasonal 
Businesses Act of 2017''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conditional approval.--The term ``conditional 
        approval'' means, with respect to a petition for admission of 
        H-2B nonimmigrants, the Secretary has determined that such 
        petition has met all the conditions under paragraphs (2) and 
        (6) of section 214.2(h) of title 8, Code of Federal Regulations 
        (or similar successor regulation), and is approved subject to 
        determining whether visas are available for such nonimmigrants 
        within the statutory cap.
            (2) Final approval.--The term ``final approval'' means, 
        with respect to a petition for admission of H-2B nonimmigrants, 
        the Secretary has determined that such petition has met all the 
        conditions under section 655.11 of title 20, Code of Federal 
        Regulations (or similar successor regulation), and that visas 
        are available for such nonimmigrants within the statutory cap.
            (3) H-2B nonimmigrant.--The term ``H-2B nonimmigrant'' 
        means a nonimmigrant described in section 101(a)(15)(H)(ii)(b) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii)(b)).
            (4) Premium processing petition.--The term ``premium 
        processing petition'' means a petition for an H-2B nonimmigrant 
        for which the petitioner pays a premium fee pursuant to section 
        286(u) of the Immigration and Nationality Act (8 U.S.C. 1356).
            (5) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Homeland 
        Security.
            (6) Statutory cap.--The term ``statutory cap'' means the 
        maximum number of aliens who may be issued visas or otherwise 
        provided nonimmigrant status during any fiscal year under 
        section 214(g)(1)(B) of the Immigration and Nationality Act (8 
        U.S.C. 1184(g)(1)(B)).

SEC. 3. RETURNING WORKERS.

    (a) In General.--Section 214(g)(9)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended to read as follows:
    ``(A)(i) Except as provided in clause (ii), and subject to 
subparagraphs (B) and (C), an alien who has already been counted toward 
the numerical limitation under paragraph (1)(B) shall not be counted 
again toward such limitation during the fiscal year and shall be 
considered a returning worker.
    ``(ii) An alien who has already been counted toward the numerical 
limitation under paragraph (1)(B) shall be counted again toward such 
limitation if such alien--
            ``(I) departs the United States for a period longer than 1 
        year;
            ``(II) was not counted toward such limitation in any of the 
        3 most recent fiscal years; or
            ``(III) violated his or her status during the authorized 
        period of stay.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if enacted on January 1, 2017.

SEC. 4. H-2B TEMPORARY NON-AGRICULTURAL WORK VISA PROGRAM.

    (a) Admission of Temporary H-2B Nonimmigrants.--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:

``SEC. 218A. ADMISSION OF TEMPORARY H-2B NONIMMIGRANTS.

    ``(a) Definitions.--In this section:
            ``(1) Best information available.--The term `best 
        information available', with respect to determining the 
        prevailing wage for a position, means--
                    ``(A) a controlling collective bargaining agreement 
                that sets wages for work performed by H-2B 
                nonimmigrants and in which the employer is a signatory;
                    ``(B) absent a controlling collective bargaining 
                agreement described in subparagraph (A), the applicable 
                Federal, State, or local prevailing wage laws for any 
                time period during which the H-2B nonimmigrant performs 
                work on a governmental project for which payment of 
                such wages is required by such laws or ordinances if 
                the employer has signed a contract agreeing to pay such 
                wages on such project; or
                    ``(C) absent a controlling collective bargaining 
                agreement described in subparagraph (A) or the 
                performance of work by the H-2B nonimmigrant that is 
                governed by a prevailing wage law described in 
                subparagraph (B)--
                            ``(i) the wage level commensurate with the 
                        experience, training, and supervision required 
                        for the job based on Bureau of Labor Statistics 
                        data; or
                            ``(ii) a private wage survey of the wages 
                        paid for such positions in the geographic area 
                        in which the H-2B nonimmigrant will be 
                        employed.
            ``(2) Displace.--The term `displace' means to lay off a 
        United States worker from a job that is essentially equivalent 
        to the job for which an employer seeks an H-2B nonimmigrant.
            ``(3) Essentially equivalent.--A job shall be considered 
        `essentially equivalent' to another job offered by an employer 
        if the job--
                    ``(A) involves the same essential responsibilities 
                as such other job;
                    ``(B) is held by a United States worker with 
                substantially equivalent qualifications and experience; 
                and
                    ``(C) is located in the same area of employment as 
                the other job.
            ``(4) Full-time.--The term `full-time employment' means--
                    ``(A) 30 or more hours of work per week; or
                    ``(B) for any occupation in which a State or an 
                established industry practice defines full-time 
                employment as less than 30 hours per week, the number 
                of weekly work hours established by the State or 
                industry.
            ``(5) H-2B nonimmigrant.--The term `H-2B nonimmigrant' 
        means a nonimmigrant described in section 101(a)(15)(H)(ii)(b).
            ``(6) Layoff.--The term `layoff' means--
                    ``(A) to cause a United States worker's loss of 
                employment before the scheduled cessation of the 
                employer's need, other than through a discharge for 
                inadequate performance, violation of workplace rules, 
                cause, voluntary departure, voluntary retirement, or 
                the expiration of a grant or contract (other than a 
                temporary employment contract entered into in order to 
                evade a condition described in subsection (b)(3)(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 equivalent or higher compensation and 
                benefits than the position from which the employee was 
                discharged, regardless of whether the employee accepts 
                the offer.
            ``(7) Other temporary service or labor.--The term `other 
        temporary service or labor' means that an employer's need for 
        particular labor will last--
                    ``(A) if peak load or intermittent, for not more 
                than 1 year, unless it is a one-time occurrence lasting 
                no longer than 3 years; or
                    ``(B) if the employer's need is seasonal, for not 
                more than 10 months.
            ``(8) Private wage survey.--The term `private wage survey' 
        means, in the case of a petition under subsection (b), a survey 
        of wages by an entity other than the Federal Government for 
        which--
                    ``(A) the data has been collected during the 2-year 
                period immediately preceding the date of the petition;
                    ``(B) if a published survey, the survey has been 
                published during the 2-year period immediately 
                preceding the date of the petition;
                    ``(C) the job description for the position being 
                offered by the employer is similar to the job 
                description for which the survey was conducted;
                    ``(D) the survey is across industries that employ 
                workers in the job description;
                    ``(E) the wage determination is based on a weighted 
                or straight average of the relevant wages or the median 
                of relevant wage levels; and
                    ``(F) a statistically valid methodology that was 
                used to collect the data is identified.
            ``(9) United states worker.--The term `United States 
        worker' means any worker who is--
                    ``(A) a national of the United States; or
                    ``(B) an alien who is--
                            ``(i) lawfully admitted for permanent 
                        residence;
                            ``(ii) admitted as a refugee under section 
                        207;
                            ``(iii) granted asylum under section 208; 
                        or
                            ``(iv) is an immigrant otherwise authorized 
                        to be employed under this Act.
            ``(10) Work period.--The term `work period' means the time 
        period during which the H-2B nonimmigrants will be needed by an 
        employer.
    ``(b) Petitions.--
            ``(1) Requirement for petitions.--An employer seeking to 
        employ an H-2B nonimmigrant shall file a petition with the 
        Secretary of Homeland Security in accordance with this 
        subsection.
            ``(2) Contents.--A petition filed under this subsection 
        shall include--
                    ``(A) the reason for the employer's need for other 
                temporary service or labor and the full time need for 
                the H-2B nonimmigrants and the occupations sought;
                    ``(B) the number of named and unnamed H-2B 
                nonimmigrants the employer is seeking to employ during 
                the work period;
                    ``(C) the area of employment and worksites of the 
                H-2B nonimmigrants, except that itinerant employers who 
                do not operate in a single fixed-site location, shall 
                provide a list of work locations that--
                            ``(i) may include an itinerary anticipated 
                        at the time of petitioning; and
                            ``(ii) may be subsequently amended by the 
                        employer, with notice to the Secretary;
                    ``(D) the anticipated work period, including 
                expected beginning and ending dates and an indication 
                if actual entry or departure will be staggered; and
                    ``(E) the written disclosure of employment terms 
                and conditions that the employer chooses to provide to 
                each proposed H-2B nonimmigrant before the date on 
                which the H-2B nonimmigrant files a visa application.
            ``(3) Attestation.--A petition filed under this subsection 
        shall include an attestation by the employer that--
                    ``(A) the employer's need for labor is for other 
                temporary service or labor and for full-time 
                employment;
                    ``(B) the work period, the reason for temporary 
                need, and the anticipated number of positions needed 
                and being requested have been truly and accurately 
                stated in the petition;
                    ``(C) the employer is offering terms and working 
                conditions normal to United States workers similarly 
                employed in the area or areas of intended employment;
                    ``(D) the employer, not later than the date on 
                which the H-2B nonimmigrant presents himself or herself 
                to the consular office, will provide each H-2B 
                nonimmigrant covered by the petition with written 
                disclosure of the terms and conditions of their 
                employment, including individualized expected dates of 
                entry and departure;
                    ``(E) the employer--
                            ``(i) conducted recruitment for United 
                        States workers in accordance with paragraph (4) 
                        before filing the petition; and
                            ``(ii) was unsuccessful in locating 
                        sufficient qualified United States workers for 
                        the job opportunity for which the H-2B 
                        nonimmigrant is sought;
                    ``(F)(i) the employer has not collected and will 
                not collect 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 condition of H-2B employment or an offer 
                of H-2B employment (other than any Government-mandated 
                charges, such as passport, visa or inspection fees, or 
                other expenses for which reimbursement is not 
                prohibited by the Fair Labor Standards Act of 1938 (29 
                U.S.C. 201 et seq.));
                    ``(ii) the employer has contractually forbidden any 
                agent, attorney, facilitator, recruiter, or similar 
                employment service from collecting such fees; and
                    ``(iii) if the employer learns or has reason to 
                know that any agent, attorney, facilitator, recruiter, 
                or similar employment service has been paid such fees, 
                the employer will fully reimburse such fees to the H-2B 
                nonimmigrant;
                    ``(G) the employer has not and will not displace 
                any United States worker employed by the employer as 
                long as an H-2B nonimmigrant is employed for a period 
                of 30 days preceding such period in the occupation and 
                at the area of employment set forth in the petition; 
                and
                    ``(H) the specific job opportunity that is the 
                subject of the petition is not vacant because the 
                former worker in that job is on strike or locked out in 
                the course of a labor dispute.
            ``(4) Recruitment requirements.--
                    ``(A) Written disclosure.--
                            ``(i) In general.--Not later than 60 days 
                        before the date on which an employer intends to 
                        hire an H-2B nonimmigrant, the employer--
                                    ``(I) shall submit a written 
                                disclosure of the employment terms and 
                                conditions for such worker to--
                                            ``(aa) the local office of 
                                        the State workforce agency 
                                        where the job is located; or
                                            ``(bb) in the case of an 
                                        itinerant employer, the local 
                                        office of the State workforce 
                                        agency where the job is to 
                                        begin; and
                                    ``(II) shall authorize the posting 
                                of such disclosure on the appropriate 
                                electronic job registry of the 
                                Department of Labor for a period of 45 
                                days.
                            ``(ii) Posting by secretary of labor.--The 
                        Secretary of Labor shall promptly post each 
                        such disclosure without requiring the employer 
                        to meet any other condition or carry out any 
                        other action.
                    ``(B) Benefits, wages, and working conditions.--For 
                a job opportunity for which an H-2B worker is sought, 
                the employer shall offer any United States worker 
                applying for such job not less than the same benefits, 
                wages, and working conditions that the employer is 
                offering, intends to offer, or will provide to an H-2B 
                nonimmigrant. The job offer may not impose on any 
                United States worker any restrictions or obligations 
                which will not be imposed on the employer's H-2B 
                nonimmigrants.
                    ``(C) Job offers.--Unless the employer has a 
                lawful, job-related reason not to do so, the employer 
                shall offer the job for which an H-2B nonimmigrant is 
                sought to any eligible United States worker who--
                            ``(i) applies;
                            ``(ii) is qualified for the job; and
                            ``(iii) will be available at the time and 
                        place and for the duration of need.
                    ``(D) Records.--The employer shall keep a record of 
                all eligible, able, willing, and qualified United 
                States workers who apply for employment with the 
                employer for the job for which an H-2B nonimmigrant is 
                sought.
                    ``(E) Savings provision.--H-2B employers may not be 
                required to file an interstate job order under sections 
                655.16 and 655.18 of title 20, Code of Federal 
                Regulations.
    ``(c) Housing and Other Facilities.--
            ``(1) In general.--An employer is not required to provide 
        housing, a housing allowance, or other facilities to an H-2B 
        nonimmigrant.
            ``(2) Wage deduction.--If an employer does provide housing, 
        a housing allowance, or other facilities to an H-2B 
        nonimmigrant, the employer may take a wage deduction or credit 
        toward satisfying the responsibility to pay prescribed wages in 
        an amount that is equal to the fair value of such housing or 
        other facility in accordance with the Fair Labor Standards Act 
        of 1938 (29 U.S.C. 201 et seq.) or other applicable law.
            ``(3) Locating housing.--If an employer does not provide 
        housing to H-2B nonimmigrants, the employer shall make 
        reasonable efforts to assist the H-2B nonimmigrants to locate 
        appropriate housing.
    ``(d) Wages.--H-2B nonimmigrants shall be paid wages that are not 
less than the greater of--
            ``(1) the actual wage level paid by the employer to other 
        employees with similar experience and qualifications for such 
        position in the same location;
            ``(2) the applicable Federal, State, or local minimum wage; 
        or
            ``(3) the prevailing wage level for the job description of 
        the position in the geographic area in which the H-2B 
        nonimmigrant will be employed, based on the best information 
        available at the time of filing the petition.
    ``(e) Transportation.--
            ``(1) Transportation to the place of employment.--Not later 
        than the date on which an H-2B nonimmigrant completes 50 
        percent of the work period set forth in the petition, the 
        employer shall reimburse the H-2B nonimmigrant for the cost of 
        transportation for that H-2B nonimmigrant from the United 
        States consulate that issued the visa to the H-2B nonimmigrant, 
        or the previous worksite in the United States, if any, to the 
        place of employment of such H-2B nonimmigrant, unless the H-2B 
        nonimmigrant has been previously reimbursed by another 
        employer. The amount of reimbursement under this paragraph 
        shall be not more than the cost incurred through the most 
        economical and reasonable common carrier, and shall include 
        documented and reasonable subsistence costs during the period 
        of travel.
            ``(2) Transportation from the place of employment.--If an 
        H-2B nonimmigrant completes the work period set forth in the 
        petition for an employer, and is not traveling to another 
        worksite in the United States, the employer, not later than the 
        time the H-2B nonimmigrant departs from the worksite, shall pay 
        for the cost of transportation for that H-2B nonimmigrant, from 
        the place of employment to the United States consulate that 
        issued the visa to the H-2B nonimmigrant. The cost required to 
        be paid under this paragraph shall be not more than the cost 
        incurred through the most economical and reasonable common 
        carrier, and shall include reasonable subsistence costs during 
        the period of travel.
            ``(3) No obligation to provide transportation costs.--
        Notwithstanding any other provision of law, an employer shall 
        have no obligation to provide or reimburse any transportation-
        related costs incurred by an alien seeking to be an H-2B 
        nonimmigrant between the such alien's home and the consulate or 
        embassy and between the consulate or embassy and such alien's 
        home.
    ``(f) Reporting Absconding Workers.--
            ``(1) Requirement to notify.--An employer shall notify the 
        Secretary of Homeland Security not later than 2 work days 
        after--
                    ``(A) an H-2B nonimmigrant fails to report for work 
                within 5 work days after the employee's expected start 
                date, as stated on the petition, or the reasonably 
                anticipated start date in the event of exigent 
                circumstances;
                    ``(B) the labor or services for which the H-2B 
                nonimmigrant was hired is completed more than 30 days 
                early; or
                    ``(C) the employer discovers that an H-2B 
                nonimmigrant has absconded from the worksite by failing 
                to report for work at the regularly scheduled time for 
                5 consecutive working days without the consent of the 
                employer.
            ``(2) Replacement workers.--Notwithstanding the numerical 
        limitation under section 214(g)(1)(B), if an employer notifies 
        the Secretary of Homeland Security of a situation described in 
        subparagraph (A) or (C) of paragraph (1), the Secretary shall 
        promptly notify the Secretary of State, who shall make 
        available to the employer 1 additional visa for the employer to 
        hire a replacement H-2B nonimmigrant for the same job 
        opportunity, without filing an additional petition, for each H-
        2B nonimmigrant who fails to report to work or who absconds 
        from work.
    ``(g) Admission of an H-2B Nonimmigrant.--An H-2B nonimmigrant is 
authorized to be admitted to the United States during the period 
beginning 10 days before the first day of the validity period and 
ending 10 days after the last day of the validity period. An H-2B 
nonimmigrant is not authorized to be employed except during the work 
period set forth in the petition.
    ``(h) Limitation on an H-2B Nonimmigrant's Stay in Status.--An H-2B 
nonimmigrant who was present in the United States for 3 years under 
subparagraph (H) of section 101(a)(15) may not seek extension of stay, 
change of status, or be readmitted to the United States pursuant to 
such subparagraph unless the alien has resided and been physically 
present outside the United States for the immediately preceding 3 
months. This limitation shall not apply to aliens who did not reside 
continually in the United States for 3 years and whose employment in 
the United States was seasonal or intermittent or was for an aggregate 
of 6 months or less per year.
    ``(i) Flexibility With Respect to Crossing of H-2B Nonimmigrants.--
            ``(1) In general.--Subject to paragraph (2), if an employer 
        files a petition for H-2B nonimmigrants and that petition is 
        granted, the employer may bring the H-2B nonimmigrants for 
        which the petition was granted into the United States at any 
        time during the 120-day period beginning on the start date for 
        which the employer is seeking the services of the nonimmigrants 
        without filing another petition.
            ``(2) Requirements for crossings after 90th day.--An 
        employer may not bring H-2B nonimmigrants into the United 
        States under paragraph (1) after the date that is 90 days after 
        the start date for which the employer is seeking the services 
        of the nonimmigrants unless the employer--
                    ``(A) completes a new assessment of the local labor 
                market by--
                            ``(i) publishing notice of the job offer in 
                        a local newspaper in not less than 2 Sunday 
                        editions of such newspaper; and
                            ``(ii) posting the job opportunity on the 
                        appropriate electronic job registry of the 
                        Department of Labor pursuant to subsection 
                        (b)(4)(A) and at the employer's place of 
                        employment; and
                    ``(B) offers the job to an equally or better 
                qualified United States worker who will be available at 
                the time and place and for the duration of need and who 
                applies for the job.
            ``(3) Exemption from rules with respect to staggering.--The 
        Secretary of Homeland Security shall not consider an employer 
        who brings H-2B nonimmigrants into the United States during the 
        120-day period specified in paragraph (1) to be staggering the 
        date of need in violation of any applicable provision of 
        law.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Immigration and Nationality Act is amended by inserting after the item 
relating to section 218 the following:

``218A. Admission of temporary H-2B nonimmigrants.''.

SEC. 5. PROCESSING OF H-2B VISA PETITIONS BY THE DEPARTMENT OF HOMELAND 
              SECURITY.

    (a) Rulemaking.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary, in consultation with the 
Secretary of Labor, shall issue regulations that establish the 
necessary procedures for processing visa petitions for H-2B 
nonimmigrants in accordance with the provisions of this Act and the 
amendments made by this Act. The Secretary shall have exclusive 
authority, which may not be delegated outside the Department of 
Homeland Security, to issue rules and final determinations with respect 
to the visa program for H-2B nonimmigrants.
    (b) Acceptance of Petitions.--
            (1) In general.--Not later than 5 business days after the 
        date an employer files a premium processing petition and not 
        later than 15 business days after the date an employer files 
        any other petition for an H-2B nonimmigrant, the Secretary 
        shall--
                    (A) review the petition and make a prima facie 
                determination as to whether the petition is potentially 
                approvable, which shall be based on whether--
                            (i) the employer has established the need 
                        for non-agricultural services or labor to be 
                        performed is temporary in nature;
                            (ii) the number of workers being requested 
                        is justified;
                            (iii) the employer has made the 
                        attestations required under section 218A of the 
                        Immigration and Nationality Act, as added by 
                        section 4(a); and
                            (iv) the employer has complied with--
                                    (I) all of the requirements under 
                                such section 218A;
                                    (II) other provisions of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1101 et seq.); and
                                    (III) this Act;
                    (B) submit to the petitioner notice of acceptance 
                or nonacceptance of the petition using electronic or 
                other means assuring expedited delivery; and
                    (C) if the petition is accepted, submit to the 
                relevant United States consulate notice of acceptance 
                of the petition using electronic or other means 
                assuring expedited delivery if the petitioner has 
                indicated that the alien beneficiaries will apply for 
                United States visas at such consulate.
            (2) Prohibition on certain reductions.--The Secretary may 
        not reduce the number of positions an employer will receive 
        pursuant to a petition that the Secretary accepts pursuant to 
        this subsection because the employer hires or offers employment 
        to a United States worker for the position before the date on 
        which the employer indicated in the petition that workers were 
        needed to begin work.
            (3) Conditional approval.--Once the Secretary determines 
        that a sufficient number of petitions for H-2B nonimmigrants 
        have been received to result in a likely fulfillment of the 
        statutory cap, the Secretary shall continue to receive such 
        petitions for that fiscal year and issue conditional approvals, 
        unless the beneficiaries for visas for H-2B nonimmigrants are 
        not subject to the statutory cap, in which event the Secretary 
        will issue final approval.
            (4) Assessment of issued visas.--The Secretary shall 
        consult with the Secretary of State and continually report the 
        number of visas actually issued to H-2B nonimmigrants at United 
        States embassies and consulate offices to determine if the 
        employers that received conditional approval under paragraph 
        (3) may be issued final approvals.
            (5) Final approval.--
                    (A) In general.--Final approvals shall be issued in 
                the order in which the petitions were conditionally 
                approved.
                    (B) Refund of fees.--The Secretary shall refund any 
                fee submitted for a premium processing petition for a 
                fiscal year that was submitted after the date the 
                Secretary determines that the statutory cap has been 
                met for that fiscal year.

SEC. 6. COORDINATION BETWEEN THE DEPARTMENT OF HOMELAND SECURITY AND 
              THE DEPARTMENT OF STATE.

    (a) Electronic Notification.--The Secretary shall consult with the 
Secretary of State to develop an electronic notification system to 
notify the Department of State not later than 48 hours after the final 
approval of a petition for an H-2B nonimmigrant. Each such notification 
shall include information indicating whether the H-2B nonimmigrant is 
subject to the statutory cap, whether the H-2B nonimmigrant has 
previously entered the United States under H-2B nonimmigrant visa 
status, as well as any relevant biographic information included in the 
employer's petition for each approved worker.
    (b) Weekly Report.--The Secretary of State shall submit a weekly 
report to the Secretary that includes--
            (1) the total number of H-2B nonimmigrant visas issued 
        during the past week and during the fiscal year to date;
            (2) of such visas, the total number of visas that were 
        exempt from the statutory cap; and
            (3) all relevant information regarding the identity of the 
        beneficiary who was issued an H-2B nonimmigrant visa.
    (c) Waiver of Interviews for Returning Workers.--The Secretary of 
State may waive the in-person visa interview requirement for an 
individual applying for an H-2B nonimmigrant visa who previously 
traveled to the United States on H-2B nonimmigrant visa status.

SEC. 7. TRANSPARENCY MEASURES.

    The Secretary shall update weekly and make publically available on 
the website of the Department of Homeland Security--
            (1) five years of historical data of H-2B nonimmigrant 
        petitions received and approved and the number of visas for H-
        2B nonimmigrants that were not subject to the statutory cap;
            (2) the annual target number of beneficiaries to be issued 
        visas as H-2B nonimmigrants for the fiscal year;
            (3) the number of petitions for H-2B nonimmigrants approved 
        by the Department in each half of the fiscal year, including 
        the aggregated number of beneficiaries contained in the 
        approved petitions;
            (4) the number of petitions pending approval or denial by 
        the Secretary;
            (5) the number of visas that are not exempt from the 
        statutory cap issued by the Secretary of State;
            (6) disclosure of the methodology and raw data used to 
        determine when the statutory cap has been reached, including 
        notification whenever the methodology to make this 
        determination changes at any time during the fiscal year; and
            (7) the number of petitions for H-2B nonimmigrants that 
        have received conditional approval once the statutory cap has 
        been met, including the aggregated number of beneficiaries 
        contained in the conditionally approved petitions.

SEC. 8. GAO REPORTS.

    (a) Report on Methodology for Statutory Cap.--
            (1) In general.--Not later than 6 months after the date on 
        which the Secretary issues regulations to carry out this Act 
        and the amendments made by this Act, the Comptroller General of 
        the United States shall publish a report that describes the 
        methodology used by the Secretary to determine that the 
        statutory cap for H-2B nonimmigrants is met and the accuracy of 
        such methodology.
            (2) Content.--The report required under paragraph (1) shall 
        include an assessment of--
                    (A) the efficiencies and inefficiencies in the 
                processing and approval of petitions for H-2B 
                nonimmigrants; and
                    (B) the effectiveness of data sharing between the 
                Secretary and the Secretary of State.
    (b) Assessment.--Not later than four years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress an assessment of the effect of the amendment 
made by section 3(a) on the domestic workforce, including data to 
indicate any relationship between an increase of H-2B nonimmigrants and 
changes in domestic employment or earnings.

SEC. 9. RULE OF CONSTRUCTION.

    The benefits and wages provided to an H-2B nonimmigrant, the 
services an H-2B nonimmigrant provides to the employer, the employment 
opportunities afforded to an H-2B nonimmigrant by the employer, 
including those employment opportunities that require a United States 
worker or an H-2B nonimmigrant to travel or relocate in order to accept 
or perform employment, and other terms or conditions of the employment 
of an H-2B nonimmigrant provided for under this Act, or the amendments 
made by this Act, are not primarily for the benefit of either the H-2B 
nonimmigrant or the employer and are for the equal mutual benefit for 
the H-2B worker and the employer.
                                 <all>