[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2616 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2616

 To increase the availability of H-2B nonimmigrant visas during fiscal 
       year 2004 for rural border areas, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 7, 2004

  Mr. Coleman introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To increase the availability of H-2B nonimmigrant visas during fiscal 
       year 2004 for rural border areas, 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 ``Emergency Relief for Rural 
Borderlands Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The laws of the United States that govern labor-based 
        immigration require employers to give United States workers 
        priority for employment over foreign workers.
            (2) Many employers have found themselves unable to hire 
        United States citizens for certain positions, particularly for 
        temporary, seasonal employment.
            (3) Due to the historic availability of H-2B visas, many 
        employers have developed business models based on an assumption 
        that businesses will be able to hire temporary seasonal workers 
        who are aliens.
            (4) During fiscal year 2004, the date on which no more H-2B 
        visas could be issued because the maximum number of such visas 
        available for such fiscal year had been issued was earlier than 
        the date such maximum number had been reached during any prior 
        fiscal year.
            (5) As a result of the maximum of H-2B visas being issued 
        prior to the end of fiscal year 2004, many employers face an 
        urgent shortage of workers that threatens to seriously erode 
        the current and future revenues of the employers' businesses.
            (6) It is particularly difficult for employers located in 
        rural areas to attract workers and such employers have often 
        relied on foreign workers.
            (7) An employer located near an international border has a 
        smaller radius for recruiting United States workers than an 
        employer located more centrally, which can create difficulties 
        in finding United States workers to fill vacant positions.
            (8) Large employers located in rural areas are invaluable 
        to the communities in which such employees are located, and a 
        disruption in the business of such employers is devastating for 
        such communities facing challenging economic conditions.

SEC. 3. ADDITIONAL H-2B VISA ENTRANTS FOR FISCAL YEAR 2004.

    (a) In General.--During fiscal year 2004, an alien who is issued a 
visa under section 101(a)(15)(H)(ii)(b) of the Immigration and 
Nationality Act (8 U.S.C. 101(a)(15)(H)(ii)(b)) may not be counted 
toward the numerical limitation set out in section 214(g)(1)(B) of such 
Act (8 U.S.C. 1184(g)(1)(B)) if such alien is providing temporary 
service or labor in the United States--
            (1) at a work site that is located--
                    (A) in a rural area; and
                    (B) not more than 50 miles from an international 
                border; and
            (2) for an employer that has hired aliens who received 
        visas under such section 101(a)(15)(H)(ii)(b) during not less 
        than 2 of the fiscal years between fiscal years 1999 and 2003.
    (b) Expedited Visa Processing.--During fiscal year 2004, a petition 
for a nonimmigrant visa submitted by an alien who intends to provide 
temporary service or labor that meets the requirements of paragraphs 
(1) and (2) of subsection (a) shall be processed not more than 30 days 
after the date of the submission of such petition.

SEC. 4. RURAL AREA DEFINED.

    In this Act, the term ``rural area'' has the meaning given that 
term in section 343(a) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1991(a)).

SEC. 5. EFFECTIVE DATE.

    Section 3(a) of this Act shall take effect as if enacted on 
September 30, 2003.
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