text: 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.''.
target: 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.
feat_title: A bill to amend the Immigration and Nationality Act with respect to the admission of temporary H-2A workers.