Save Our Small and Seasonal Businesses Act of 2005 - Amends the Immigration and Nationality Act to prohibit an alien counted toward the numerical limitation applicable to H-2B nonimmigrants (temporary nonagricultural workers) during any of the three fiscal years prior to submission of an H-2B petition from being counted toward the limitation in the year of petition approval. Makes this provision effective as if enacted on October 1, 2004. Provides for its expiration on October 1, 2006.
Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on employers filing H-2B petitions. Mandates the deposit of such fees into the Fraud Prevention and Detection Account.
Authorizes additional penalties for a substantial failure to meet any condition of an H-2B petition or the willful misrepresentation of a material fact in such a petition.
Requires the allocation of the numerical limitation on the issuance of H-2B visas (currently, 66,000) such that the total number of H-2B nonimmigrants entering the United States during the first six months of a fiscal year is not more than 33,000.
Amends the American Competitiveness and Workforce Improvement Act of 1998 to require the Secretary to submit to the Committees on the Judiciary of the House of Representatives and the Senate information regarding: (1) the numbers of aliens granted H-2B status or terminated from H-2B status, on a quarterly basis; and (2) the countries of origin, occupations of, and compensation paid to aliens granted H-2B status, the number of aliens terminated from such status, and the number of aliens provided such status during both the fiscal year reported and the preceding fiscal year, on an annual basis. Requires the Secretary of State to provide information relevant to such reports.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 352 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 352
To revise certain requirements for H-2B employers and require
submission of information regarding H-2B nonimmigrants, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2005
Ms. Mikulski (for herself, Mr. Gregg, Mr. Leahy, Mr. Warner, Mr.
Chafee, Mr. Thomas, Mr. Levin, Mr. Salazar, Mr. Allen, Mr. Kennedy, Mr.
Jeffords, Ms. Collins, Mr. Sarbanes, Ms. Snowe, Mr. Dorgan, Mr. Reed,
Mr. Dayton, and Mr. Kerry) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To revise certain requirements for H-2B employers and require
submission of information regarding H-2B nonimmigrants, 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 ``Save Our Small and Seasonal
Businesses Act of 2005''.
SEC. 2. NUMERICAL LIMITATIONS ON H-2B WORKERS.
(a) In General.--Section 214(g) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)) is amended by adding at the end the following:
``(9) An alien counted toward the numerical limitations of
paragraph (1)(B) during any one of the 3 fiscal years prior to the
submission of a petition for a nonimmigrant worker described in section
101(a)(15)(H)(ii)(b) may not be counted toward such limitation for the
fiscal year in which the petition is approved.''.
(b) Effective Date.--
(1) In general.--The amendment in subsection (a) shall take
effect as if enacted on October 1, 2004, and shall expire on
October 1, 2006.
(2) Implementation.--Not later than the date of enactment
of this Act, the Secretary of Homeland Security shall begin
accepting and processing petitions filed on behalf of aliens
described in section 101(a)(15)(H)(ii)(b), in a manner
consistent with this Act and the amendments made by this Act.
SEC. 3. FRAUD PREVENTION AND DETECTION FEE.
(a) Imposition of Fee.--Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)), as amended by section 426(a) of
division J of the Consolidated Appropriations Act, 2005 (Public Law
108-447), is amended by adding at the end the following:
``(13)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention and
detection fee on an employer filing a petition under paragraph (1) for
nonimmigrant workers described in section 101(a)(15)(H)(ii)(b).
``(B) The amount of the fee imposed under subparagraph (A) shall be
$150.''.
(b) Use of Fees.--
(1) Fraud prevention and detection account.--Subsection (v)
of section 286 of the Immigration and Nationality Act (8 U.S.C.
1356), as added by section 426(b) of division J of the
Consolidated Appropriations Act, 2005 (Public Law 108-447), is
amended--
(A) in paragraphs (1), (2)(A), (2)(B), (2)(C), and
(2)(D) by striking ``H1-B and L'' each place it
appears;
(B) in paragraph (1), as amended by subparagraph
(A), by striking ``section 214(c)(12)'' and inserting
``paragraph (12) or (13) of section 214(c)'';
(C) in paragraphs (2)(A)(i) and (2)(B), as amended
by subparagraph (A), by striking ``(H)(i)'' each place
it appears and inserting ``(H)(i), (H)(ii), ''; and
(D) in paragraph (2)(D), as amended by subparagraph
(A), by inserting before the period at the end ``or for
programs and activities to prevent and detect fraud
with respect to petitions under paragraph (1) or (2)(A)
of section 214(c) to grant an alien nonimmigrant status
described in section 101(a)(15)(H)(ii)''.
(2) Conforming amendment.--The heading of such subsection
286 is amended by striking ``H1-B and L''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on October 1, 2005.
SEC. 4. SANCTIONS.
(a) In General.--Section 214(c) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)), as amended by section 3, is further amended by
adding at the end the following:
``(14)(A) If the Secretary of Homeland Security finds, after notice
and an opportunity for a hearing, a substantial failure to meet any of
the conditions of the petition to admit or otherwise provide status to
a nonimmigrant worker under section 101(a)(15)(H)(ii)(b) or a willful
misrepresentation of a material fact in such petition--
``(i) the Secretary of Homeland Security may, in addition
to any other remedy authorized by law, impose such
administrative remedies (including civil monetary penalties in
an amount not to exceed $10,000 per violation) as the Secretary
of Homeland Security determines to be appropriate; and
``(ii) the Secretary of Homeland Security may deny
petitions filed with respect to that employer under section 204
or paragraph (1) of this subsection during a period of at least
1 year but not more than 5 years for aliens to be employed by
the employer.
``(B) The Secretary of Homeland Security may delegate to the
Secretary of Labor, with the agreement of the Secretary of Labor, any
of the authority given to the Secretary of Homeland Security under
subparagraph (A)(i).
``(C) In determining the level of penalties to be assessed under
subparagraph (A), the highest penalties shall be reserved for willful
failures to meet any of the conditions of the petition that involve
harm to United States workers.
``(D) In this paragraph, the term `substantial failure' means the
willful failure to comply with the requirements of this section that
constitutes a significant deviation from the terms and conditions of a
petition.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2005.
SEC. 5. ALLOCATION OF H-2B VISAS DURING A FISCAL YEAR.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)), as amended by section 2, is further amended by adding at the
end the following new paragraph:
``(10) The numerical limitations of paragraph (1)(B) shall be
allocated for a fiscal year so that the total number of aliens who
enter the United States pursuant to a visa or other provision of
nonimmigrant status under section 101(a)(15)(H)(ii)(b) during the first
6 months of such fiscal year is not more than 33,000.''.
SEC. 6. SUBMISSION TO CONGRESS OF INFORMATION REGARDING H-2B
NONIMMIGRANTS.
Section 416 of the American Competitiveness and Workforce
Improvement Act of 1998 (title IV of division C of Public Law 105-277;
8 U.S.C. 1184 note) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following new subsection:
``(d) Provision of Information.--
``(1) Quarterly notification.--Beginning not later than
March 1, 2006, the Secretary of Homeland Security shall notify,
on a quarterly basis, the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of House of
Representatives of the number of aliens who during the
preceding 1-year period--
``(A) were issued visas or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(ii)(b)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)); or
``(B) had such a visa or such status expire or be
revoked or otherwise terminated.
``(2) Annual submission.--Beginning in fiscal year 2007,
the Secretary of Homeland Security shall submit, on an annual
basis, to the Committees on the Judiciary of the House of
Representatives and the Senate--
``(A) information on the countries of origin of,
occupations of, and compensation paid to aliens who
were issued visas or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(ii)(b) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) during the previous fiscal year;
``(B) the number of aliens who had such a visa or
such status expire or be revoked or otherwise
terminated during each month of such fiscal year; and
``(C) the number of aliens who were provided
nonimmigrant status under such section during both such
fiscal year and the preceding fiscal year.
``(3) Information maintained by state.--If the Secretary of
Homeland Security determines that information maintained by the
Secretary of State is required to make a submission described
in paragraph (1) or (2), the Secretary of State shall provide
such information to the Secretary of Homeland Security upon
request.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1280-1281)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1281)
Sponsor introductory remarks on measure. (CR S3533)
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line