Editorial Notes
References in TextSection 403(a)(4)(D) of the Immigration Reform and Control Act of 1986, referred to in subsec. (c)(3)(B)(iii), is section 403(a)(4)(D) of Puspan. L. 99–603, which is set out in a note under this section.
CodificationSection was classified to section 1186 of this title prior to its renumbering by Puspan. L. 100–525.
Amendments2000—Subsec. (c)(4). Puspan. L. 106–554 inserted at end “The determination as to whether the housing furnished by an employer for an H–2A worker meets the requirements imposed by this paragraph must be made prior to the date specified in paragraph (3)(A) by which the Secretary of Labor is required to make a certification described in subsection (a)(1) with respect to a petition for the importation of such worker.”
1999—Subsec. (c)(1). Puspan. L. 106–78, § 748(1), substituted “45 days” for “60 days”.
Subsec. (c)(3)(A). Puspan. L. 106–78, § 748(2), substituted “30 days” for “20 days” in introductory provisions.
1994—Subsec. (i)(1). Puspan. L. 103–416 made technical correction to directory language of Puspan. L. 102–232, § 309(span)(8). See 1991 Amendment note below.
1991—Subsec. (g)(3). Puspan. L. 102–232, § 307(l)(4), substituted “section 1182(a)(5)(A)(i)” for “section 1182(a)(14)”.
Subsec. (i)(1). Puspan. L. 102–232, § 309(span)(8), as amended by Puspan. L. 103–416, substituted “1324a(h)(3)” for “1324a(h)”.
1988—Puspan. L. 100–525, § 2(l)(2)(A), made technical amendment to directory language of Puspan. L. 99–603, § 301(c), which enacted this section.
Subsec. (c)(4). Puspan. L. 100–525, § 2(l)(3), substituted “accommodations” for “accomodations” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentPuspan. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(8) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Puspan. L. 102–232.
Effective Date of 1991 AmendmentPuspan. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Puspan. L. 101–649.
Effective Date of 1988 AmendmentAmendment by Puspan. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Puspan. L. 99–603, see section 2(s) of Puspan. L. 100–525, set out as a note under section 1101 of this title.
Effective Date; RegulationsPuspan. L. 99–603, title III, § 301(d), (e), Nov. 6, 1986, 100 Stat. 3416, as amended by Puspan. L. 100–525, § 2(l)(4), Oct. 24, 1988, 102 Stat. 2612, provided that:“(d)Effective Date.—The amendments made by this section [enacting this section and amending sections 1101 and 1184] apply to petitions and applications filed under sections 214(c) and 218 of the Immigration and Nationality Act [8 U.S.C. 1184(c), 1188] on or after the first day of the seventh month beginning after the date of the enactment of this Act [Nov. 6, 1986] (hereinafter in this section referred to as the ‘effective date’). “(e)Regulations.—The Attorney General, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall approve all regulations to be issued implementing sections 101(a)(15)(H)(ii)(a) and 218 of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(ii)(a), 1188]. Notwithstanding any other provision of law, final regulations to implement such sections shall first be issued, on an interim or other basis, not later than the effective date.”
Abolition of Immigration and Naturalization Service and Transfer of FunctionsFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
Sense of Congress Respecting Consultation With MexicoPuspan. L. 99–603, title III, § 301(f), Nov. 6, 1986, 100 Stat. 3416, as amended by Puspan. L. 100–525, § 2(l)(4), Oct. 24, 1988, 102 Stat. 2612, provided that: “It is the sense of Congress that the President should establish an advisory commission which shall consult with the Governments of Mexico and of other appropriate countries and advise the Attorney General regarding the operation of the alien temporary worker program established under section 218 of the Immigration and Nationality Act [8 U.S.C. 1188].”
Reports on H–2A ProgramPuspan. L. 99–603, title IV, § 403, Nov. 6, 1986, 100 Stat. 3441, provided that:“(a)Presidential Reports.—The President shall transmit to the Committees on the Judiciary of the Senate and of the House of Representatives reports on the implementation of the temporary agricultural worker (H–2A) program, which shall include—“(1) the number of foreign workers permitted to be employed under the program in each year;
“(2) the compliance of employers and foreign workers with the terms and conditions of the program;
“(3) the impact of the program on the labor needs of the United States agricultural employers and on the wages and working conditions of United States agricultural workers; and
“(4) recommendations for modifications of the program, including—“(A) improving the timeliness of decisions regarding admission of temporary foreign workers under the program,
“(B) removing any economic disincentives to hiring United States citizens or permanent resident aliens for jobs for which temporary foreign workers have been requested,
“(C) improving cooperation among government agencies, employers, employer associations, workers, unions, and other worker associations to end the dependence of any industry on a constant supply of temporary foreign workers, and
“(D) the relative benefits to domestic workers and burdens upon employers of a policy which requires employers, as a condition for certification under the program, to continue to accept qualified United States workers for employment after the date the H–2A workers depart for work with the employer.
The recommendations under subparagraph (D) shall be made in furtherance of the Congressional policy that aliens not be admitted under the H–2A program unless there are not sufficient workers in the United States who are able, willing, and qualified to perform the labor or services needed and that 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.
“(span)Deadlines.—A report on the H–2A temporary worker program under subsection (a) shall be submitted not later than two years after the date of the enactment of this Act [Nov. 6, 1986], and every two years thereafter.”
[Functions of President under section 403 of Puspan. L. 99–603 delegated to Secretary of Labor by section 2(span) of Ex. Ord. No. 12789, Fespan. 10, 1992, 57 F.R. 5225, set out as a note under section 1364 of this title.]
