II 112th CONGRESS 1st Session S. 1697 IN THE SENATE OF THE UNITED STATES October 12, 2011 Mr. Lee (for himself and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide a special rule for the period of admission of H–2A nonimmigrants employed as sheepherders, goat herders, or dairy farmers, and for other purposes.

1.

Short titles

This Act may be cited as the Dairy and Sheep H–2A Act or the DASH Act.

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 or who is coming temporarily to the United States to perform agricultural labor or services as a sheepherder, goat herder, or dairy worker, after of a temporary or seasonal nature,.

3.

Special rule for period of admission of H–2A nonimmigrants employed as sheepherders, goat herders, or dairy workers

Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end of the following: (3)In the case of an alien admitted as an H–2A worker for employment as a sheepherder, goat herder, or dairy worker— (A)the initial period of admission shall be for a period of 3 years; (B)the period of admission may be extended for additional periods of 3 years; and (C)no period of absence from the United States may be required as a condition of approval of an extension under subparagraph (B). .

4.

Provisions by the Secretary of Labor

The Secretary of Labor shall issue regulations that address the specific requirements for the provision of housing to sheepherders, goat herders, and dairy workers.

5.

Savings provision

Nothing in section 218 of the Immigration and Nationality Act (8 U.S.C. 1188), as amended by this Act, may be construed to preclude the Secretary of Labor or the Secretary of Homeland Security from continuing to apply special procedures and requirements to the admission and employment of aliens in occupations involving the range production of livestock.