Numerical limitations for H–2B nonimmigrants based on economic need

(a) In general Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended— (1) by amending paragraph (1)(B) to read as follows: (B) except as provided in subsection (s), under section 101(a)(15)(H)(ii)(b) may not exceed the number of Department of Labor certified positions for the previous fiscal year with respect to nonimmigrants described in section 101(a)(15)(H)(ii)(b).; and (2) in paragraph (10), by striking 33,000 and inserting half of the number described in paragraph (1)(B). (b) Exemption from numerical limitation for rural and seasonal location workers Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following: (s) Exemption from numerical limitation for H–2B rural and seasonal location workers (1) Exemption from numerical limitation The numerical limitation under subsection (g)(1)(B) shall not apply to nonimmigrants described in section 101(a)(15)(H)(ii)(b) who work for an employer in a rural and seasonal location. (2) Documentation for exemption Any employer seeking an exemption under paragraph (1) shall submit the relevant documentation to the Secretary of Labor during the labor certification approval process. (3) Verification In any labor certification that the Secretary of Labor issues to such employer, the Secretary shall verify to the Department of Homeland Security the number of cap-exempt positions to which the employer is entitled. (4) Definition In this subsection, the term rural and seasonal location means an area that— (A) is not within a metropolitan statistical area, as designated by the Office of Management and Budget, or within the outer boundary of any city or town having a population of 20,000 or more people according to the most recent decennial census of the United States; and (B) has a population on January 1 or July 1 that is at least 50 percent higher than the number of residents who continuously live in the area.. (c) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this Act.