§ 4607 : AMERICAN JOBS IN AMERICAN FORESTS.
SHORT TITLE.—This section may be cited as the American Jobs in American Forests Act of 2013.
DEFINITIONS.—In this section:
FORESTRY.—The term forestry means—
propagating, protecting, and managing forest tracts;
felling trees and cutting them into logs;
using hand tools or operating heavy powered equipment to perform activities such as preparing sites for planting, tending crop trees, reducing competing vegetation, moving logs, piling brush, and yarding and trucking logs from the forest; and
planting seedlings and trees.
H–2B NONIMMIGRANT.—The term H–2B nonimmigrant means a nonimmigrant described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
PROSPECTIVE H–2B EMPLOYER.—The term prospective H–2B employer means a United States business that is considering employing 1 or more nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
STATE WORKFORCE AGENCY.—The term State workforce agency means the workforce agency of the State in which the prospective H–2B employer intends to employ H–2B nonimmigrants.
DEPARTMENT OF LABOR.—
RECRUITMENT.—As a component of the labor certification process required before H–2B nonimmigrants are offered forestry employment in the United States, the Secretary of Labor shall require all prospective H–2B employers, before they submit a petition to hire H–2B nonimmigrants to work in forestry, to conduct a robust effort to recruit United States workers, including, to the extent the State workforce agency considers appropriate—
advertising at employment or jobplacement events, such as job fairs;
placing the job opportunity with the State workforce agency and working with such agency to identify qualified and available United States workers;
advertising in appropriate media, including local radio stations and commonly used, reputable Internet job-search sites; and
such other recruitment efforts as the State workforce agency considers appropriate for the sector or positions for which H–2B nonimmigrants would be considered.
SEPARATE CERTIFICATIONS AND PETITIONS.—A prospective H–2B employer shall submit a separate application for temporary employment certification and petition for each State in which the employer plans to employ H–2B nonimmigrants in forestry for a period of 7 days or longer. The Secretary of Labor shall review each application for temporary employment certification and decide separately whether certification is warranted.
STATE WORKFORCE AGENCIES.—The Secretary of Labor may not grant a temporary labor certification to a prospective H–2B employer seeking to employ H–2B nonimmigrants in forestry until after the Director of the State workforce agency, in each State in which such workers are sought—
submits a report to the Secretary of Labor certifying that—
the employer has complied with all recruitment requirements set forth in subsection (c)(1) and there is legitimate demand for the employment of H–2B nonimmigrants in each of those States; or
the employer has amended the application by removing or making appropriate modifications with respect to the States in which the criteria set forth in subparagraph (A) have not been met; and
makes a formal determination that nationals of the United States are not qualified or available to fill the employment opportunities offered by the prospective H–2B employer. Subtitle G—W Nonimmigrant Visas