H-2A Improvement Act

H-2A Improvement Act - Amends the Immigration and Nationality Act to include within the H-2A nonimmigrant visa category (temporary agricultural workers) an alien coming temporarily to the United States to work as a sheepherder, goat herder, or dairy worker. Exempts an employer filing a petition to employ such a worker from the requirement to show that the position is of a seasonal or temporary nature.

Provides for a three-year initial period of admission with additional three-year extensions.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3232 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3232

   To improve the H-2A agricultural worker program for use by dairy 
    workers, sheepherders, and goat herders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 14, 2011

     Mr. Owens (for himself, Mr. Welch, Ms. Hochul, and Mr. Hanna) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To improve the H-2A agricultural worker program for use by dairy 
    workers, sheepherders, and goat herders, 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 ``H-2A Improvement Act''.

SEC. 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 ``who is 
coming temporarily to the United States to perform agricultural labor 
or services as a dairy worker, sheepherder, or goat herder, or'' after 
``abandoning''.

SEC. 3. SPECIAL RULES FOR ALIENS EMPLOYED AS DAIRY WORKERS, 
              SHEEPHERDERS, OR GOAT HERDERS.

    Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) 
is amended--
            (1) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
            (2) by inserting after subsection (g) the following:
    ``(h) Special Rules for Aliens Employed as Dairy Workers, 
Sheepherders, or Goat Herders.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, an alien admitted as a nonimmigrant under section 
        101(a)(15)(H)(ii)(a) for employment as a dairy worker, 
        sheepherder, or goat herder--
                    ``(A) may be admitted for an initial period of 3 
                years; and
                    ``(B) subject to paragraph (3)(E), may have such 
                initial period of admission extended for an additional 
                period of up to 3 years.
            ``(2) Exemption from temporary or seasonal requirement.--
        Not withstanding section 101(a)(15)(H)(ii)(a), an employer 
        filing a petition to employ H-2A workers in positions as dairy 
        workers, sheepherders, or goat herders shall not be required to 
        show that such positions are of a seasonal or temporary 
        nature.''.
                                 <all>