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house Bill H.R. 4381

H-2B Program Reform Act of 2009

bill Progress

  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on Education and Labor
      Workforce Protections
      Committee on the Judiciary
      Immigration and Citizenship
    IntroducedDecember 16th, 2009

Bill Details

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H-2B Program Reform Act of 2009

Official Title

To reform the H-2B program, and for other purposes.


H-2B Program Reform Act of 2009 - Amends the Immigration and Nationality Act to make any alien seeking to enter the United States as an H-2B visa (nonagricultural temporary/seasonal worker) inadmissible unless the Secretary of Labor (Secretary) certifies to the Secretary of State and the Secretary of Homeland Security (DHS) that: (1) there are not sufficient U.S. workers to perform such temporary labor or services; and (2) such alien's employment will not adversely affect similarly-employed U.S. workers' wages and working conditions. Requires H-2B employers to file an application with the Secretary which shall include information regarding: (1) the numbers, occupational classifications, and employment locations of such nonimmigrants; (2) the recurring and temporary need for such labor and the inability to secure U.S. workers to meet such labor needs; and (3) instances of employment-related violations within the previous three years. Limits labor contracting and construction entities registration eligibility. Directs the Secretary to set the number of H-2B visas each employer would be approved to use. Requires an employer to pay a $100 application fee and a $100 per-worker fee. Sets forth: (1) labor certification application provisions; (2) H-2B and U.S. worker protections; and (3) penalties, including temporary program removal, for compliance failures. Establishes in the Treasury the Employment Certification Fee Account. States that forest, conservation, and logging workers shall be considered: (1) H-2A nonimmigrant agricultural workers for employment purposes; and (2) seasonal agricultural workers under the Migrant Seasonal Worker Protection Act.

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