Creating annual restrictions on the H–2A program

(a) Annual restriction established Section 218(a) of the Immigration and Nationality Act (8 U.S.C. 1188(a)) is amended by adding at the end the following: (3) The Secretary of Labor may not certify petitions covering more than 400,000 positions for a fiscal year. For purposes of this paragraph, any position that the petitioner, in the petition, specifies will be filled by a worker who is represented by a bargaining representative shall not be counted towards the limit under this paragraph.. (b) Definition of bargaining representative Section 218(i) of the Immigration and Nationality Act (8 U.S.C. 1188(i)) is amended by adding at the end the following: (3) The term bargaining representative means a labor organization (as such term is defined in section 2 of the National Labor Relations Act (29 U.S.C. 152)) that— (A) represents agricultural employees in their employment relations with agricultural employers; and (B) has filed an LM–2, LM–3, or LM–4 form (or any successor form) with the Secretary of Labor and has a collective bargaining agreement covering agricultural employees..