II 111th CONGRESS 1st Session S. 2804 IN THE SENATE OF THE UNITED STATES November 19, 2009 Mr. Sanders (for himself and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require employers to certify that they have not and will not lay off a large number of employees before they are allowed to employ foreign workers in the United States, and for other purposes.

1.

Short title

This Act may be cited as the Employ America Act.

2.

Certification requirement

(a)

In general

The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that— (1)the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and (2)the employer does not intend to provide a notice of a mass layoff pursuant to such Act. (b)

Effect of mass layoff

If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (a), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review. (c)

Notice requirement

Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (b)— (1)the date on which such individual will no longer be authorized to work in the United States; and (2)the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States. (d)

Exemption

An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer’s workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (b).

3.

Rulemaking

Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this Act, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).