[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3858 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3858

   To improve the H-2A agricultural worker program for use by dairy 
    workers, sheepherders, and goat herders, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2010

 Mr. Leahy (for himself, Mrs. Gillibrand, and Mr. Schumer) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To improve the H-2A agricultural worker program for use by dairy 
    workers, sheepherders, and goat herders, 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 ``H-2A Improvement Act''.

SEC. 2. NONIMMIGRANT STATUS FOR DAIRY WORKERS, SHEEPHERDERS, AND GOAT 
              HERDERS.

    Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by inserting ``who is 
coming temporarily to the United States to perform agricultural labor 
or services as a dairy worker, sheepherder, or goat herder, or'' after 
``abandoning''.

SEC. 3. SPECIAL RULES FOR ALIENS EMPLOYED AS DAIRY WORKERS, 
              SHEEPHERDERS, OR GOAT HERDERS.

    Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) 
is amended--
            (1) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively;
            (2) by inserting after subsection (g) the following:
    ``(h) Special Rules for Aliens Employed as Dairy Workers, 
Sheepherders, or Goat Herders.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, an alien admitted as a nonimmigrant under section 
        101(a)(15)(H)(ii)(a) for employment as a dairy worker, 
        sheepherder, or goat herder--
                    ``(A) may be admitted for an initial period of 3 
                years; and
                    ``(B) subject to paragraph (3)(E), may have such 
                initial period of admission extended for an additional 
                period of up to 3 years.
            ``(2) Exemption from temporary or seasonal requirement.--
        Not withstanding section 101(a)(15)(H)(ii)(a), an employer 
        filing a petition to employ H-2A workers in positions as dairy 
        workers, sheepherders, or goat herders shall not be required to 
        show that such positions are of a seasonal or temporary nature.
            ``(3) Adjustment to lawful permanent resident status.--
                    ``(A) Eligible alien.--In this paragraph, the term 
                `eligible alien' means an alien who--
                            ``(i) has H-2A worker status based on 
                        employment as a dairy worker, sheepherder, or 
                        goat herder;
                            ``(ii) has maintained such status in the 
                        United States for a not fewer than 33 of the 
                        preceding 36 months; and
                            ``(iii) is seeking to receive an immigrant 
                        visa under section 203(b)(3)(A)(iii).
                    ``(B) Classification petition.--A petition under 
                section 204 for classification of an eligible alien 
                under section 203(b)(3)(A)(iii) may be filed by--
                            ``(i) the alien's employer on behalf of the 
                        eligible alien; or
                            ``(ii) the eligible alien.
                    ``(C) No labor certification required.--
                Notwithstanding section 203(b)(3)(C), no determination 
                under section 212(a)(5)(A) is required with respect to 
                an immigrant visa under section 203(b)(3)(A)(iii) for 
                an eligible alien.
                    ``(D) Effect of petition.--The filing of a petition 
                described in subparagraph (B) or an application for 
                adjustment of status based on a petition described in 
                subparagraph (B) shall not be a basis fo denying--
                            ``(i) another petition to employ H-2A 
                        workers;
                            ``(ii) an extension of nonimmigrant status 
                        for a H-2A worker;
                            ``(iii) admission of an alien as an H-2A 
                        worker;
                            ``(iv) a request for a visa for an H-2A 
                        worker;
                            ``(v) a request from an alien to modify the 
                        alien's immigration status to or from status as 
                        an H-2A worker; or
                            ``(vi) a request made for an H-2A worker to 
                        extend such worker's stay in the United States.
                    ``(E) Extension of stay.--The Secretary of Homeland 
                Security shall extend the stay of an eligible alien 
                having a pending or approved petition described in 
                subparagraph (B) in 1-year increments until a final 
                determination is made on the alien's eligibility for 
                adjustment of status to that of an alien lawfully 
                admitted for permanent residence.
                    ``(F) Construction.--Nothing in this paragraph may 
                be construed to prevent an eligible alien from seeking 
                adjustment of status in accordance with any other 
                provision of law.''; and
            (3) in subsection (j)(1), as redesignated by paragraph (1), 
        by striking ``The term'' and inserting ``Except as provided 
        under subsection (h)(2)(A), the term''.
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