legislation: 98-hr-2466
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| 98-hr-2466 | 98 | hr | 2466 | A bill to amend the Immigration and Nationality Act with respect to admission of nonimmigrant workers to the United States for temporary employment, and for other purposes. | Immigration | 1983-04-12 | 1983-04-13 | Referred to Subcommittee on Immigration, Refugees, and International Law. | House | Rep. Miller, George [D-CA-7] | CA | D | M000725 | 10 | Amends the Immigration and Nationality Act to separate temporary agricultural labor from other temporary labor for purposes of nonimmigrant worker (H-2 visa) provisions. Restricts the definition of agricultural labor or services to specified definitions in the Fair Labor Standards Act of 1938 and the Internal Revenue Code. Limits H-2 workers to an eight-month stay in any calendar year. Authorizes agricultural workers to remain longer if before enactment of this Act the Secretary of Labor has recognized an extension as necessary. Prohibits entry to workers who have violated entry conditions within the past five years. Prohibits entry to agricultural workers unless specified conditions have been met respecting housing, injury benefits, meals, transportation, and wages, including piece rates, and recordkeeping. Requires an employer submitting an H-2 visa petition to certify that: (1) there are not enough qualified U.S. workers for the job; and (2) similarly employed U.S. workers' wages will not be adversely affected. Makes such certification a prerequisite for the admission of H-2 workers. Prohibits the Attorney General from approving more H-2 petitions in any fiscal year than were approved in FY 1982 unless the Secretary of Labor has certified to the Attorney General and to Congress that sufficient enforcement funds are available. Permits the Secretary to charge application fees. Requires employers of H-2 agricultural workers to pay them an additional amount equal to the amount of FICA and unemployment taxes that would have been paid to U.S. workers. Prohibits the Secretary from approving a petition if: (1) a job is open because of a strike or other labor dispute; or (2) the employer violated certification terms, including failure to pay penalties. Provides with regard to H-2 agricultural workers that: (1) employers must submit petitions at least 80 days in advance of need; (2) the Secretary must respond promptly in writing regarding a disapproved petition, and within 20 days of need regarding an approved petition; (3) there must be a 60-day recruitment period before an employer may file a petition; (4) the Secretary shall establish expedited procedures for review of denied petitions or de novo administrative hearings; and (5) producer associations may file such petitions (individual members or users are still liable for any violations). Authorizes appropriations beginning with FY 1984 for recruitment of domestic workers, work program monitoring, and certification expenses. Provides a private right of action in U.S. district court for any person aggrieved by a violation of the H-2 provisions. Directs the Secretary, in consultation with the Attorney General, to: (1) promulgate implementing regulations; and (2) report to Congress within 18 months regarding improvements in the temporary worker program. Expresses the sense of Congress that the President should establish an advisory commission to consult with Mexico and advise the Attorney General regarding such temporary worker program. | 2025-07-21T19:44:15Z |