II 117TH CONGRESS 1ST SESSION S. 495 To prioritize the allocation of H–2B visas for States with low unemployment rates. IN THE SENATE OF THE UNITED STATES MARCH 1, 2021 Mr. THUNE introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prioritize the allocation of H–2B visas for States with low unemployment rates. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prioritizing Help to 4 Businesses Act’’. 5 VerDate Sep 11 2014 03:37 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S495.IS S495 kjohnson on DSK79L0C42PROD with BILLS 2 •S 495 IS SEC. 2. PRIORITIZING THE ALLOCATION OF H–2B VISAS 1 FOR STATES WITH LOW UNEMPLOYMENT 2 RATES. 3 Section 214(g)(10) of the Immigration and Nation- 4 ality Act (8 U.S.C. 1184(g)(10)) is amended to read as 5 follows: 6 ‘‘(10)(A) Except as provided in subparagraphs (B) 7 and (C), the numerical limitation under paragraph (1)(B) 8 shall not apply to H–2B visas issued to aliens for positions 9 that are certified for employment pursuant to subpart A 10 of part 655 of title 20, Code of Federal Regulations, to 11 perform service or labor in a State that had a seasonally 12 adjusted unemployment rate of 3.5 percent or lower in at 13 least 3 of the 6 most recent monthly reports issued by 14 the Bureau of Labor Statistics during the previous fiscal 15 half year corresponding to each allotment period of H– 16 2B visas pursuant to subpart A of part 655 of title 20, 17 Code of Federal Regulations. 18 ‘‘(B) The number of aliens exempted from the numer- 19 ical limitation pursuant to subparagraph (A) in any State 20 during any fiscal year may not exceed the lesser of— 21 ‘‘(i) 125 percent of the number of visas issued 22 to aliens working in such State during the most re- 23 cently concluded fiscal year; or 24 ‘‘(ii) 2,500. 25 VerDate Sep 11 2014 03:37 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S495.IS S495 kjohnson on DSK79L0C42PROD with BILLS 3 •S 495 IS ‘‘(C) If more H–2B visa applications are received in 1 a fiscal year on behalf of aliens desiring to work in a State 2 described in subparagraph (A) than the limit set forth in 3 subparagraph (B)— 4 ‘‘(i) eligible applicants, in a number equal to 5 such limit, shall be selected, by lottery, from such 6 applications for the exemption under subparagraph 7 (A); and 8 ‘‘(ii) the remaining applicants shall be subject 9 to the numerical limitation under paragraph 10 (1)(B).’’. 11 Æ VerDate Sep 11 2014 03:37 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S495.IS S495 kjohnson on DSK79L0C42PROD with BILLS