§ 4602 : OTHER REQUIREMENTS FOR H–2B EMPLOYERS

IN GENERAL.— Section 214(8 U.S.C. 1184), as amended by sections 3609, 4233, 4405, 4503, and 4504, is further amended by adding at the end the following:

x.

REQUIREMENTS FOR H–2B EMPLOYERS.—

1.

H–2B NONIMMIGRANT DEFINED.—In this subsection the term H–2B nonimmigrant means an alien admitted to the United States pursuant to section 101(a)(15)(H)(ii)(B).

2.

NON-DISPLACEMENT OF UNITED STATES WORKERS.—An employer who seeks to employ an H–2B nonimmigrant admitted in an occupational classification shall certify and attest that the employer did not displace and will not displace a United States worker employed by the employer in the same metropolitan statistical area where such nonimmigrant will be hired within the period beginning 90 days before the start date and ending on the end date for which the employer is seeking the services of such nonimmigrant as specified on an application for labor certification under this Act.

3.

TRANSPORTATION COSTS.—The employer shall pay the transportation costs, including reasonable subsistence costs during the period of travel, for an H–2B nonimmigrant hired by the employer—

A.

from the place of recruitment to the place of such nonimmigrant’s employment; and

B.

from the place of employment to such nonimmigrant’s place of permanent residence or a subsequent worksite.

4.

PAYMENT OF FEES.—A fee related to the hiring of an H–2B nonimmigrant required to be paid by an employer under this Act shall be paid by the employer and may not be deducted from the wages or other compensation paid to an H–2B nonimmigrant.

5.

H–2B NONIMMIGRANT LABOR CERTIFICATION APPLICATION FEE.—

A.

IN GENERAL.—To recover costs of carrying out labor certification activities under the H–2B program, the Secretary of Labor shall impose a $500 fee on an employer that submits an application for an employment certification for aliens granted H–2B nonimmigrant status to the Secretary of Labor under this subparagraph on or after the date that is 30 days after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.

B.

USE OF FEES.—The fees collected under subparagraph (A) shall be deposited in the Comprehensive Immigration Reform Trust Fund established under section 6of the Border Security, Economic Opportunity, and Immigration Modernization Act.