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8 U.S.C. § 1186 — Transferred

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1186 — Transferred

### Statutory Notes #### Codification Section, act June 27, 1952, ch. 477, title II, ch. 2, § 216, as added Nov. 6, 1986, Pub. L. 99–603, title III, § 301(c), 100 Stat. 3411, which related to admission of temporary H–2A workers, was renumbered § 218 by Pub. L. 100–525, § 2(l)(2), Oct. 24, 1988, 102 Stat. 2612, and transferred to [section 1188 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1188&num=0&edition=prelim).

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Source location: Title 8, Chapter 12, § 1186; chapter-012-immigration-and-nationality.md

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1188 — Admission of temporary H–2A workers

**(a) Conditions for approval of H–2A petitions** (1) A petition to import an alien as an H–2A worker (as defined in subsection (i)(2)) may not be approved by the Attorney General unless the petitioner has applied to the Secretary of Labor for a certification that— (A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition, and (B) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed. (2) The Secretary of Labor may require by regulation, as a condition of issuing the certification, the payment of a fee to recover the reasonable costs of processing applications for certification. **(b) Conditions for denial of labor certification** The Secretary of Labor may not issue a certification under subsection (a) with respect to an employer if the conditions described in that subsection are not met or if any of the following conditions are met: (1) There is a strike or lockout in the course of a labor dispute which, under the regulations, precludes such certification. (2) (A) The employer during the previous two-year period employed H–2A workers and the Secretary of Labor has determined, after notice and opportunity for a hearing, that the employer at any time during that period substantially violated a material term or condition of the labor certification with respect to the employment of domestic or nonimmigrant workers. (B) No employer may be denied certification under subparagraph (A) for more than three years for any violation described in such subparagraph. (3) The employer has not provided the Secretary with satisfacto

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1186 — Transferred

Page 245 TITLE 8—ALIENS AND NATIONALITY § 1186a 1 So in original. Probably should be ‘‘subsection’’. the United States. In exercising these functions, the Secretary of Homeland Security shall not issue, amend, or revoke any rules, regulations, or orders without first obtaining the concurrence of the Secretary of State. SEC. 2. Functions of the Secretary of State. The Sec- retary of State is assigned the functions of the Presi- dent under section 215(a) and (b) of the INA with re- spect to citizens of the United States, including those functions concerning United States passports. In addi- tion, the Secretary may amend or revoke part 46 of title 22, Code of Federal Regulations, which concern persons other than citizens of the United States. In ex- ercising these functions, the Secretary of State shall not issue, amend, or revoke any rules, regulations, or orders without first consulting with the Secretary of Homeland Security. SEC. 3. Judicial Review. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agen- cies, entities, officers, employees or agents, or any other person. GEORGE W. BUSH. § 1186. Transferred Editorial Notes CODIFICATION Section, act June 27, 1952, ch. 477, title II, ch. 2, § 216, as added Nov. 6, 1986, Pub. L. 99–603, title III, § 301(c), 100 Stat. 3411, which related to admission of temporary H–2A workers, was renumbered § 218 by Pub. L. 100–525, § 2(l)(2), Oct. 24, 1988, 102 Stat. 2612, and transferred to section 1188 of this title. § 1186a. Conditional permanent resident status for certain alien spouses and sons and daughters (a) In general (1) Conditional basis for status Notwithstan

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