Prioritizing Help to Businesses Act

II 116TH CONGRESS 1ST SESSION S. 135 To prioritize the allocation of H–2B visas for States with low unemployment rates. IN THE SENATE OF THE UNITED STATES JANUARY 15, 2019 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 04:21 Jan 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 kjohnson on DSK79L0C42 with BILLS 2 •S 135 IS SEC. 2. PRIORITIZING THE ALLOCATION OF H–2B VISAS 1 FOR STATES WITH LOW UNEMPLOYMENT 2 RATES. 3 (a) IN GENERAL.—Section 214(g)(10) of the Immi- 4 gration and Nationality Act (8 U.S.C. 1184(g)(10)) is 5 amended to read as 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 3 13 of the 5 most recent monthly reports issued by the Bureau 14 of Labor Statistics in the previous fiscal year. 15 ‘‘(B) The number of aliens exempted from the numer- 16 ical limitation pursuant to subparagraph (A) in any State 17 during any fiscal year may not exceed the lesser of— 18 ‘‘(i) 125 percent of the number of visas issued 19 to aliens working in such State during the most re- 20 cently concluded fiscal year; or 21 ‘‘(ii) 2,500. 22 ‘‘(C) If more H–2B visa applications are received in 23 a fiscal year on behalf of aliens desiring to work in a State 24 described in subparagraph (A) than the limit set forth in 25 subparagraph (B)— 26 VerDate Sep 11 2014 04:21 Jan 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 kjohnson on DSK79L0C42 with BILLS 3 •S 135 IS ‘‘(i) eligible applicants, in a number equal to 1 such limit, shall be selected, by lottery, from such 2 applications for the exemption under subparagraph 3 (A); and 4 ‘‘(ii) the remaining applicants shall be subject 5 to the numerical limitation under paragraph 6 (1)(B).’’. 7 (b) EFFECTIVE DATE.—The amendment made by 8 subsection (a) shall take place on the first day of the first 9 fiscal year beginning after the date of the enactment of 10 this Act. 11 Æ VerDate Sep 11 2014 04:21 Jan 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S135.IS S135 kjohnson on DSK79L0C42 with BILLS