S. 518: H2O Visa for Seafood Processing Act

S 518 IS

To authorize the issuance of H2O nonimmigrant visas for aliens temporarily performing labor in the seafood processing industry.

March 11, 2013

Mr. BEGICH introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To authorize the issuance of H2O nonimmigrant visas for aliens temporarily performing labor in the seafood processing industry.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘H2O Visa for Seafood Processing Act’.

SEC. 2. AVAILABILITY OF H2O NONIMMIGRANT VISAS FOR SEAFOOD PROCESSING INDUSTRY.

(a) Technical Amendments; Availability of H2O Nonimmigrant Visas for Aliens Working in Seafood Processing Industry- Section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended--

(1) in clause (i)--

(A) by striking ‘an alien (i) (b) subject’ and inserting the following ‘an alien--

‘(i)(b) subject’;

(B) in subclause (b), by striking ‘section 212(n)(1), or’ and inserting ‘section 212(n)(1);’;

(C) in subclause (b1), by striking ‘section 212(t)(1), or’ and inserting ‘section 212(t)(1);’; and

(D) in subclause (c), by striking ‘or’ at the end; and

(2) in clause (ii)--

(A) in subclause (a), by striking ‘nature, or’ and inserting ‘nature;’;

(B) in subclause (b), by striking ‘or’ at the end; and

(C) by adding at the end the following:

‘(o) having a residence in a foreign country, which the alien has no intention of abandoning, who is coming temporarily to the United States to perform labor in the seafood processing industry; or’.

(b) State Consultation Requirement- Section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended--

(1) in clause (i), by striking ‘Attorney General’ and inserting ‘Secretary of Homeland Security’; and

(2) by adding at the end the following:

‘(v) SEAFOOD PROCESSING- The Secretary of Labor may not make a certification under clause (i) with respect to the seafood processing industry without first consulting with the governor and the labor commissioner of the State in which the alien is to perform such labor.’.

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