TITLE II:IMMIGRANT VISAS

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§ 2233 : TRANSITION OF H-2A WORKER PROGRAM


a.

SUNSET OF PROGRAM.—

1.

IN GENERAL.—Except as provided in paragraph (2), an employer may not petition to employ an alien pursuant to section 101(a)(15)(H)(ii)(a)of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) after the date that is 1 year after the date on which the regulations issued pursuant to section 2241(b)become effective.

2.

EXCEPTION. — An employer may employ an alien described in paragraph (1) for the shorter of —

A.

10 months; or

B.

the time specified in the position.

b.

CONFORMING AMENDMENTS.—

1.

REPEAL OF H-2A NONIMMIGRANT CATEGORY.— Section 101(a)(15)(H)(ii)(8 U.S.C. 1101(a)(15)(H)(ii)) is amended by striking subclause (a).

2.

REPEAL OF ADMISSION REQUIREMENTS FOR H-2A WORKER.— Section 218(8 U.S.C. 1188) is repealed.

3.

CONFORMING AMENDMENTS.—

A.

AMENDMENT OF PETITION REQUIREMENTS.— Section 214(c)(1)(8 U.S.C. 1184(g)(9)) is amended by striking For purposes of this subsection and all that follows.

B.

CLERICAL AMENDMENT.—The table of contents is amended by striking the item relating to section 218.

4.

EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date that is 1 year after the effective date of the regulations issued pursuant to section 2241(b).