Save Our Small and Seasonal Businesses Act of 2015 2015-10-30 Introduced in Senate Save Our Small and Seasonal Businesses Act of 2015

This bill amends the Immigration and Nationality Act to declare that, effective as if enacted on January 1, 2015, a returning H-2B visa alien (temporary nonagricultural worker) who has already been counted toward the applicable numerical limitation shall:

  • not again be counted toward that limitation in the current fiscal year, but shall be considered a returning worker; and
  • shall be counted again toward the limitation if the alien departs the United States for a period longer than one year, or was not counted toward the limitation in any of the three most recent fiscal years.

"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.

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