[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2705 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2705

To grant States the authority to request additional nonimmigrant visas 
for foreign workers in their respective States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

     Mr. Thune (for himself, Ms. Klobuchar, Mr. Ricketts, and Mr. 
 Hickenlooper) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To grant States the authority to request additional nonimmigrant visas 
for foreign workers in their respective States, 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 TITLES.

    This Act may be cited as the ``State Executive Authority for 
Seasonal Occupations Needing Additional Labor Act'' or the ``SEASONAL 
Act''.

SEC. 2. STATE EXEMPTION AUTHORITY FOR SEASONAL OCCUPATIONS NEEDING 
              ADDITIONAL LABOR.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended by adding at the end the following:
    ``(12)(A) Notwithstanding the numerical limitation set forth in 
paragraph (1)(B), the Governor of any State may submit a petition to 
the Secretary of Homeland Security and the Secretary of Labor for the 
issuance of a specified number of supplemental H-2B nonimmigrant visas 
in a fiscal year for employers based in such State, employers based in 
such State that have employees who work within a specified Standard 
Occupational Classification Group (as defined by the Department of 
Labor), or employers in a specific Economic Development District 
designated by the Economic Development Administration of the Department 
of Commerce that encompasses any portion of such State if--
            ``(i) the number of applications for such visas received 
        from all employers exceeds such numerical limitation for such 
        fiscal year;
            ``(ii) the State had a seasonally adjusted unemployment 
        rate of not more than 3.5 percent in at least 9 of the 12 most 
        recent monthly reports issued by the Bureau of Labor 
        Statistics;
            ``(iii) such Governor certifies that--
                    ``(I) there is a persistent, unmet need for labor 
                within the State, the specified Standard Occupational 
                Classification Group in the State, or the specific 
                Economic Development District in the State; and
                    ``(II) the allocation of additional H-2B 
                nonimmigrant visas pursuant to this paragraph--
                            ``(aa) will not displace domestic workers; 
                        and
                            ``(bb) will not negatively affect average 
                        wages in such State; and
            ``(iv) employers who hire H-2B nonimmigrant workers 
        pursuant to this paragraph comply with any additional 
        requirements imposed by the Secretary of Labor, by regulation.
    ``(B) The Secretary of Homeland Security, acting through the 
Director of U.S. Citizenship and Immigration Services, shall issue the 
supplemental H-2B nonimmigrant visas requested by the Governor of a 
State pursuant to subparagraph (A) to the extent that the applications 
for such visas submitted by employers based in such State meet all 
applicable requirements of the H-2B nonimmigrant visa program.
    ``(C) If the number of employer applications from a State exceed 
the number of H-2B nonimmigrant visas requested pursuant to 
subparagraph (A), the Office of Foreign Labor Certification shall 
randomly assign for processing all of the remaining H-2B nonimmigrant 
visa applications and issue supplemental visas to all qualified 
applicants until the number of supplemental visas allocated to such 
State pursuant to subparagraph (B) have been issued.
    ``(D) This paragraph shall cease to have force or effect on the 
date that is 4 years after the date of the enactment of the SEASONAL 
Act.
    ``(E) Nothing in this paragraph may be construed to prohibit the 
legislature of any State from setting limits with respect to 
supplemental H-2B nonimmigrant visas that the Governor of such State 
may request, including--
            ``(i) limiting the number of such visas that may be 
        requested in a fiscal year; and
            ``(ii) limiting the allocation of such visas to H-2B 
        nonimmigrant workers who are employed--
                    ``(I) within such State;
                    ``(II) within specified Standard Occupational 
                Classification Groups; or
                    ``(III) within specified Economic Development 
                Districts.''.

SEC. 3. ANNUAL REPORT.

    Not later than 15 months after the date of the enactment of this 
Act, and annually thereafter until the date that is 4 years after such 
date of enactment, the Secretary of Homeland Security and the Secretary 
of Labor shall submit a joint report to Congress that includes, with 
respect to the preceding year--
            (1) the number of supplemental H-2B nonimmigrant visas 
        issued pursuant to section 214(g)(12) of the Immigration and 
        Nationality Act (8 U.S.C. 1184(g)(12)), disaggregated by the 
        State in which the recipients of such visas are working;
            (2) a breakdown of Standard Occupational Classification 
        Groups or Economic Development Districts for which supplemental 
        H-2B nonimmigrant visas were issued, disaggregated by the State 
        in which the recipients of such visas are working;
            (3) an analysis of any effect caused by the issuance of 
        supplemental H-2B nonimmigrant visas that led to the 
        displacement of domestic workers or a reduction in the average 
        wages, disaggregated by State; and
            (4) an assessment of whether the issuance of supplemental 
        H-2B nonimmigrant visas led to increased economic opportunities 
        and productivity in the States in which the recipients of such 
        visas are working.
                                 <all>