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NEW H-2B LAW signed by President Exempts individuals from H-2B Quota who already obtained an H-2B in certain past years.

Wed, 10/18/2006 - 2:46pm — RSA
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On 10/17/06, President Bush signed a law (Section 1074 of H.R. 5122) which exempts individuals from the H-2B QUOTA for the 2007 fiscal year (October 1, 2006 to September 30, 2007) who obtained H-2B's in certain past years. Specifically, to be exempt, individuals must have obtained an H-2B in one of the following fiscal years: 2004, 2005, or 2006. Those individuals who are exempt under this provision may be able to obtain an H-2B extension which takes effect beginning October 1, 2006.

Section 1074 reads as follows:

SEC. 1074. EXTENSION OF RETURNING WORKER EXEMPTION TO H-2B NUMERICAL LIMITATION.

(a) In General- Section 214(g)(9) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(9)) is amended--
(1) by amending the first sentence of subparagraph (A) to read as follows: `Subject to subparagraphs (B) and (C), an alien who has already been counted toward the numerical limitation of paragraph (1)(B) during fiscal year 2004, 2005, or 2006 shall not again be counted toward such limitation during fiscal year 2007.'; and

(2) in subparagraph (B), by striking `referred to in subparagraph (A)' and inserting `to admit or otherwise provide status under section 101(a)(15)(H)(ii)(b)'. (b) Deletion of Prior Sunset Provision- Section 402(b)(1) of the Save Our Small and Seasonal Businesses Act of 2005 (title IV of division B of Public Law 109-13; 119 Stat. 318; 8 U.S.C. 1184 note) is amended by striking `2004,' and all that follows through the period at the end and inserting `2004.'.
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2006. If this section is enacted after October 1, 2006, the amendments made by this section shall take effect as if enacted on such date.

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