AILA Doc. No. 07062168 | Dated June 21, 2007
Title IV of the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007 (S. 1639) would create a nonimmigrant Y visa program to allow new workers to enter the U.S. on a temporary basis.
Creation of Y Visa Category (Section 401): Creates a new Y nonimmigrant visa category and folds the current H-2A and H-2B programs into it (Y-2A and Y-2B, respectively).
Numerical Limitations on Y-1 and Y-2B Visas (Section 409)
Terms of Admission for Y-1 Visa Holders (Section 402)
Terms for Y-1 Visa Holders Entering without Family Members
Terms for Y-1 Visa Holders Accompanied by Family Members
Additional Terms for all Y-1 Visa Holders:
Reforms of H-2A Program for Seasonal Agricultural Workers (Section 404)
This section reforms the existing H-2A program for the temporary admission of alien agricultural workers. H-2A aliens are admitted or extended for the period of employment of an approved labor application, not to exceed 10 months. An H-2A alien must remain outside the United States for a period equal to at least 1/5th of the alien's presence in H-2A status before again being admitted as an H-2A alien.
Employer Obligations under Y Visa Program (Section 403)
Employers must petition for a Y nonimmigrant after obtaining certification of the position from the DOL. Certification involves demonstrating:
Cite as AILA Doc. No. 07062168.