[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3718 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3718

 To prioritize certain returning workers for purposes of the numerical 
                 limitation on H-2B temporary workers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2011

 Mr. Keating introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To prioritize certain returning workers for purposes of the numerical 
                 limitation on H-2B temporary workers.

    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 2011''.

SEC. 2. PRIORITIZATION OF CERTAIN RETURNING WORKERS WITH RESPECT TO H-
              2B NUMERICAL LIMITATION.

    (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:
            ``(9)(A) Subject to subparagraphs (B) and (C), an alien who 
        has been present in the United States as an H-2B nonimmigrant 
        during any 1 of the 3 fiscal years immediately preceding the 
        fiscal year of the approved start date of a petition for a 
        nonimmigrant worker described in section 101(a)(15)(H)(ii)(b) 
        shall be prioritized for purposes of the limitation described 
        in paragraph (1)(B) for the fiscal year in which the petition 
        is approved. Such an alien shall be considered a returning 
        worker, except that this subparagraph shall not apply to an 
        alien who has been so prioritized during 3 consecutive fiscal 
        years until the alien has again been lawfully present in the 
        United States as an H-2B nonimmigrant without having been so 
        prioritized.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 180 days after the date of the enactment of this Act.
                                 <all>