May 18: Kennedy amendment (SA 4066)

Summary: Allows an H-2C alien guestworker to file a petition for an employment-based immigrant visa if: (1) (a) the alien has maintained H-2C nonimmigrant status in the United States for a cumulative period of at least four years of employment; (b) the Department of Labor determines and certifies that there are not sufficient U.S. workers able, willing, qualified, and available to fill the job position; and (c) an employer attests that the employer will employ the alien in the offered job position; or (2) the alien submits at least two of a specified list of documents for current employment, which must be considered evidence of current employment (e.g., Social Security records, pay stubs, IRS records). (Under the original bill, an alien only must have maintained H-2C status for four years.)

56-43 PASSED


NumbersUSA Urged A NO Vote

This amendment weakens Sen. Cornyn's SA 3965 by not requiring Federal certification of the employer's need to import foreign workers.