Speech #1100006533

Employers may elect to provide a housing allowance in lieu of housing if the governor determines that there is adequate rental housing available in the area of employment. Inbound and return transportation and subsistence is required on the same basis as under the current program. except that trips of less than 100 miles are excluded. and workers whom an employer is not required to provide housing are excluded. The motor vehicle safety standards for U.S. workers are extended to H2A workers. Petitions for admission of H2A workers must be processed and the consulate or port of entry notified within 7 days of receipt. Requirements are the same as current law. Petitions extending aliens stay or changing employers are valid upon filing. Employers may apply for the admission of new H2A workers to replace those who abandoned their work or are terminated for cause and the Department of Homeland Security is required to remove H2A aliens who abandoned their work. H2A visas will be secure and counterfeit resistant. A new limited Federal right of action is available to foreign workers to enforce the economic benefits required under the H2A program. and any benefits expressly offered by the employer in writing. A statute of limitations of 3 years is imposed. Finally. lawsuits in State court under State contract law alleging violations of the H2A program requirements and obligations are expressly preempted. Such State court lawsuits have been the venue of choice for litigation against H2A employers in recent years. AgJOBS is the one part of the immigration bill about which there is uniform agreement. Everyone knows that agriculture in America is supported by undocumented workers. As immigration enforcement tightens up. and increasing numbers of people are prevented from crossing the borders or are being deported. the result is our crops go unharvested. We are faced today with a very practical dilemma and one that is easy to solve. The legislation has been vetted over and over again.