Page:United States Statutes at Large Volume 100 Part 4.djvu/1065

 PUBLIC LAW 99-603—NOV. 6, 1986

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100 STAT. 3411

(B) are generally available to needy individuals residing in the State or locality, and (C) receive funding from units of State or local government. (4) The term "eligible legalized alien" means an alien who has been granted lawful temporary resident status under section 245A of the Immigration and Nationality Act, but only until the Ante, p. 3394. end of the five-year period beginning on the date the alien was granted such status.

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TITLE III-REFORM OF LEGAL IMMIGRATION

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PART A—TEMPORARY AGRICULTURAL WORKERS

SEC. 301. H-2A AGRICULTURAL WORKERS.

(a) PROVIDING N E W "H-2A" NONIMMIGRANT CLASSIFICATION FOR TEMPORARY AGRICULTURAL LABOR.—Paragraph (15)(H) of section 101(a) (8 U.S.C. 1101(a)) is amended by striking out "to perform temporary services or labor," in clause (ii) and inserting in lieu thereof "(a) to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 8121(g) of the Internal Revenue Code of 1954 26 USC 3121. and agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), of a temporary or seasonal nature, or (b) to perform other temporary service or labor". 03) INVOLVEMENT OF DEPARTMENTS OF LABOR AND AGRICULTURE IN

H-2A PROGRAM.—Section 214(c) (8 U.S.C. 1184(c)) is amended by adding at the end the following: "For purposes of this subsection with respect to nonimmigrants described in section 101(a)(15XH)(ii)(a), the term 'appropriate agencies of Government' Supra. means the Department of Labor and includes the Department of Agriculture. The provisions of section 216 shall apply to the question Infra. of importing any alien as a nonimmigrant under section 101(a)(15)(H)(ii)(a).'\ (c) ADMISSION OF H-2A WORKERS.—Chapter 2 of title II is amended by adding after section 215 the following new section: "ADMISSION OF TEMPORARY H-2A WORKERS "SEC. 216. (a) CONDITIONS FOR APPROVAL OF H-2A

PETITIONS.—(1)

A petition to import an alien as an H-2A worker (as defined in subsection (i)(2)) may not be approved by the Attorney General unless the petitioner has applied to the Secretary of Labor for a certification that— "(A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition, and "(B) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed. "(2) The Secretary of Labor may require by regulation, as a condition of issuing the certification, the payment of a fee to recover the reasonable costs of processing applications for certification. "(h) CONDITIONS FOR DENIAL OF LABOR CERTIFICATION.—The Secretary of Labor may not issue a certification under subsection (a)

8 USC 1186.

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