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S. 2167 (112th): American Jobs in American Forests Act of 2012

The text of the bill below is as of Mar 7, 2012 (Introduced).



2d Session

S. 2167


March 7, 2012

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


To increase the employment of Americans by requiring State workforce agencies to certify that employers are actively recruiting Americans and that Americans are not qualified or available to fill the positions that the employer wants to fill with H–2B nonimmigrants.


Short title

This Act may be cited as the American Jobs in American Forests Act of 2012.



In this Act:


Prospective H–2B employer

The term prospective H–2B employer means a United States business that is considering employing 1 or more nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)).


State workforce agency

Except as used in section 3, the term State workforce agency means the workforce agency of the State in which the prospective H–2B employer intends to employ H–2B nonimmigrants.


Department of Labor



As a component of the labor certification process required before H–2B nonimmigrants are offered employment in the United States, the Secretary of Labor shall require all prospective H–2B employers, before they submit a petition to hire H–2B nonimmigrant workers, to conduct a robust effort to recruit United States workers, including—


advertising at employment or job-placement events, such as job fairs;


advertising with State or local workforce agencies, nonprofit organizations, or other appropriate entities, and working with such entities to identify potential employees;


advertising in appropriate media, including local radio stations and commonly used, reputable Internet job-search sites; and


such other recruitment strategies as the State workforce agency considers appropriate for the sector or positions for which H–2B nonimmigrants would be considered.


Separate petitions

A prospective H–2B employer shall submit a separate petition for each State in which the employer plans to employ H–2B nonimmigrants for a period of 7 days or longer.


State workforce agencies

The Secretary of Labor may not grant a temporary labor certification to a prospective H–2B employer until after the Director of the State workforce agency—


has formally consulted with the workforce agency director of each contiguous State listed on the prospective H–2B employer’s application and determined that—


the employer has complied with all recruitment requirements set forth in section 3 and there is a legitimate demand for the employment of H–2B nonimmigrants in each of those States; or


the employer has amended the application by removing or making appropriate modifications with respect to the States in which the criteria set forth in subparagraph (A) have not been met;


certifies that the prospective H–2B employer has complied with all recruitment requirements set forth in section 3 or any other applicable provision of law; and


makes a formal determination that nationals of the United States are not qualified or available to fill the employment opportunities offered by the prospective H–2B employer.