Section by Section Summary of the Border Security ... - Siskind, Susser

Section 2231. Nonimmigrant Classification For Non-Immigrant Agricultural Workers.Creates a new W-3 visa for agricultural workers who are employed under a contract and aW-2 for at will agricultural employees.*****Section 2232. Establishment of Nonimmigrant Agricultural Worker Program.Definitions –- Agricultural employment- At-will agricultural worker- Blue card- Contract agricultural worker- Designated agricultural employer- Electronic job registry- Employer- Nonimmigrant agricultural worker- Program- Secretary- United States WorkerRequirementsOnly designated agricultural employers and nonimmigrant agricultural workers canparticipate.Limit of 112,333/year for four years. Allocated on a quarterly basis. Like the H-1B, if aW-3 or W-2 worker is counted against the cap, the next employer doesn’t have toclaim a cap number.DHS may increase or decrease the cap during the first 5 years based on shortage datasubmitted by agricultural producers and worker organizations, unemployment data,demand for blue cards, demand for W-3 and W-2 visas, and wage data. DHS may establishrules to allow for immediately adjusting numbers if there is a severe labor shortage.The factors listed above will be used by DHS to set a cap in years six and later.Requirements for W-2 and W-3 workers.