article: SECTION 1. CONSIDERATIONS IN THE APPROVAL OF H-2A PETITIONS. Section 218(a) (8 U.S.C. 1188(a)) of the Immigration and Nationality Act is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) In considering an employer's petition for admission of H-2A aliens, the Attorney General shall consider the certification decision of the Secretary of Labor and shall consider any countervailing evidence submitted by the employer with respect to the nonavailability of United States workers and the employer's compliance with the requirements of this section, and may consult with the Secretary of Agriculture.''. SEC. 2. CONDITION FOR DENIAL OF LABOR CERTIFICATION. Section 218(b)(4) (8 U.S.C. 1188(b)(4)) of the Immigration and Nationality Act is amended to read as follows: ``(4) Determination by the secretary.--The Secretary determines that the employer has not filed a job offer for the position to be filled by the alien with the appropriate local office of the State employment security agency having jurisdiction over the area of intended employment, or with the State office of such an agency if the alien will be employed in an area within the jurisdiction of more than one local office of such an agency, which meets the criteria of paragraph (5). ``(5) Required terms and conditions of employment.--The Secretary determines that the employer's job offer does not meet one or more of the following criteria: ``(A) Required rate of pay.--The employer has offered to pay H-2A aliens and all other workers in the occupation in the area of intended employment an adverse effect wage rate of not less than the median rate of pay for similarly employed workers in the area of intended employment. ``(B) Provision of housing.-- ``(i) In general.--The employer has offered to provide housing to H-2A aliens and those workers not reasonably able to return to their residence within the same day, without charge to the worker. The employer may, at the employer's option, provide housing meeting applicable Federal standards for temporary labor camps, or provide rental or public accommodation type housing which meets applicable local or state standards for such housing. ``(ii) Housing allowance as alternative.-- In lieu of offering the housing required in clause (i), the employer may provide a reasonable housing allowance to workers not reasonably able to return to their place of residence within the same day, but only if the Secretary determines that housing is reasonably available within the approximate area of employment. An employer who offers a housing allowance pursuant to this subparagraph shall not be deemed to be a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) merely by virtue of providing such housing allowance. ``(iii) Special housing standards for short duration employment.-- The Secretary shall promulgate special regulations permitting the provision of short-term temporary housing for workers employed in occupations in which employment is expected to last 40 days or less. ``(iv) Transitional period for provision of special housing standards in other employment.--For a period of five years after the date of enactment of this section, the Secretary shall approve the provision of housing meeting the standards described in clause (iii) in occupations expected to last longer than 40 days in areas where available housing meeting the criteria described in subparagraph (i) is found to be insufficient. ``(v) Preemption of state and local standards.--The standards described in clauses (ii) and (iii) shall preempt any State and local standards governing the provision of temporary housing to agricultural workers. ``(C) Reimbursement of transportation costs.--The employer has offered to reimburse H-2A aliens and workers recruited from beyond normal commuting distance the most economical common carrier transportation charge and reasonable subsistence from the place from which the worker comes to work for the employer, (but not more than the most economical common carrier transportation charge from the worker's normal place of residence) if the worker completes 50 percent of the anticipated period of employment. If the worker recruited from beyond normal commuting distance completes the period of employment, the employer will provide or pay for the worker's transportation and reasonable subsistence to the worker's next place of employment, or to the worker's normal place of residence, whichever is less. ``(D) Guarantee of employment.--The employer has offered to guarantee the worker employment for at least three-fourths of the workdays of the employer's actual period of employment in the occupation. Workers who abandon their employment or are terminated for cause shall forfeit this guarantee. ``(6) Preference for united states workers.--The employer has not assured on the application that the employer will provide employment to all qualified United States workers who apply to the employer and assure that they will be available at the time and place needed until the time the employer's foreign workers depart for the employer's place of employment (but not sooner than 5 days before the date workers are needed), and will give preference in employment to United States workers who are immediately available to fill job opportunities that become available after the date work in the occupation begins.''. SEC. 3. SPECIAL RULES APPLICABLE TO THE ISSUANCE OF LABOR CERTIFICATIONS. Section 218(c) (8 U.S.C. 1188(c)) of the Immigration and Nationality Act is amended to read as follows: ``(c) Special Rules Applicable to the Issuance of Labor Certifications.--The following rules shall apply to the issuance of labor certifications by the Secretary under this section: ``(1) Deadline for filing applications.--The Secretary may not require that the application be filed more than 40 days before the first date the employer requires the labor or services of the H-2A worker. ``(2) Notice within seven days of deficiencies.-- ``(A) The employer shall be notified in writing within seven calendar days of the date of filing, if the application does not meet the criteria described in subsection (b) for approval. ``(B) If the application does not meet such criteria, the notice shall specify the specific deficiencies of the application and the Secretary shall provide an opportunity for the prompt resubmission of a modified application. ``(3) Issuance of certification.-- ``(A) The Secretary shall provide to the employer, not later than 20 days before the date such labor or services are first required to be performed, the certification described in subsection (a)(1)-- ``(i) with respect to paragraph (a)(1)(A) if the employer's application meets the criteria described in subsection (b), or a statement of the specific reasons why such certification cannot be made, and ``(ii) with respect to subsection (a)(1)(B), to the extent that the employer does not actually have, or has not been provided with the names, addresses and Social Security numbers of workers referred to the employer who are able, willing and qualified and have indicated they will be available at the time and place needed to perform such labor or services on the terms and conditions of the job offer approved by the Secretary. For each worker referred, the Secretary shall also provide the employer with information sufficient to permit the employer to contact the referred worker for the purpose of reconfirming the worker's availability for work at the time and place needed. ``(B) If, at the time the Secretary determines that the employer's job offer meets the criteria described in subsection (b) there are already unfilled job opportunities in the occupation and area of intended employment for which the employer is seeking workers, the Secretary shall provide the certification at the same time the Secretary approves the employer's job offer.''. SEC. 4. EXPEDITED APPEALS OF CERTAIN DETERMINATIONS. Section 218(e) (8 U.S.C 1188(e)) of the Immigration and Nationality Act is amended to read as follows: ``(e) Expedited Appeals of Certain Determinations.--The Secretary shall provide by regulation for an expedited procedure for the review of the nonapproval of an employer's job offer pursuant to subsection (c)(2) and of the denial of certification in whole or in part pursuant to subsection (c)(3) or, at the applicant's request, a de novo administrative hearing respecting the nonapproval or denial.''. SEC. 5. PROCEDURES FOR THE CONSIDERATION OF H-2A PETITIONS. Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended-- (1) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and (2) by adding the following after subsection (e): ``(f) Procedures for the Consideration of H-2A Petitions.--The following procedures shall apply to the consideration of petitions by the Attorney General under this section: ``(1) Expedited processing of petitions.--The Attorney General shall provide an expedited procedure for the adjudication of petitions filed under this section, and the notification of visa-issuing consulates where aliens seeking admission under this section will apply for visas and/or ports of entry where aliens will seek admission under this section within 15 calendar days from the date such petition is filed by the employer. ``(2) Expedited amendments to petitions.--The Attorney General shall provide an expedited procedure for the amendment of petitions to increase the number of workers on or after five days before the employers date of need for the labor or services involved in the petition to replace referred workers whose continued availability for work at the time and place needed under the terms of the approved job offer can not be confirmed and to replace referred workers who fail to report for work on the date of need and replace referred workers who abandon their employment or are terminated for cause, and for which replacement workers are not immediately available pursuant to subsection (b)(6).''. SEC. 6. LIMITATION ON EMPLOYER LIABILITY. Section 218(g) (8 U.S.C. 1188(g)) of the Immigration and Nationality Act is amended-- (1) by redesignating paragraph (2) as paragraph (2)(A); and (2) by inserting after paragraph (2)(A) the following: ``(B) No employer shall be subject to any liability or punishment on the basis of an employment action or practice by such employer that conforms with the terms and conditions of a job offer approved by the Secretary pursuant to this section, unless and until the employer has been notified that such certification has been amended or invalidated by a final order of the Secretary or of a court of competent jurisdiction.''. SEC. 7. LIMITATION ON JUDICIAL REMEDIES. Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end thereof the following: ``(3) No court of the United States shall have jurisdiction to issue any restraining order or temporary or permanent injunction preventing or delaying the issuance by the Secretary of a certification pursuant to this section, or the approval by the Attorney General of a petition to import an alien as an H- 2A worker, or the actual importation of any such alien as an H- 2A worker following such approval by the Attorney General.''.
summary: Amends the Immigration and Nationality Act to revise the temporary agricultural worker (H-2A visa) program with respect to: (1) H-2A petition considerations and approvals; (2) labor certification denial; (3) reduction in deadline filing; (4) expedited appeal of certain decisions; and (5) limitations on employer liability and judicial remedies.