I 112th CONGRESS 1st Session H. R. 3718 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.

1.

Short title

This Act may be cited as the Save Our Small and Seasonal Businesses Act of 2011.

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.