SENATE DOCKET, NO. 2736        FILED ON: 8/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2538

The Commonwealth of Massachusetts

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PRESENTED BY:

Patrick M. O'Connor

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to H-2B worker mobility.

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PETITION OF:

SENATE DOCKET, NO. 2736        FILED ON: 8/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2538

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to H-2B worker mobility.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 90 of the General Laws, as so appearing, is hereby amended in Section 8 by inserting at the end the following:-

“The registrar shall issue a REAL ID-compliant license or a Massachusetts license to an eligible nonimmigrant H-2B worker as defined and certified by the provisions set forth in 29 CFR 503 who is lawfully present in the United States upon passing such examination as to their qualifications as the registrar shall require; provided, however, that the expiration date of any such license shall be coterminous with the expiration date of the licensee's authorized stay in the United States, as evidenced by acceptable documents or information provided to the registrar. If a licensee is authorized to stay in the United States but lacks acceptable evidence of a specific date by which such stay in the United States shall be terminated, a license issued shall expire not later than 12 months from the date of issue. No license of less than 60 months in duration shall be renewed unless the license holder provides documentation satisfactory to the registrar that the license holder is authorized to remain in the United States. Any such license shall have an expiration date coterminous with the expiration of the authorized stay and may be renewed for up to 5 years without the requirement to retake an examination as to their qualifications;”

SECTION 2. The department of transportation shall promulgate regulations to implement the provisions of this Act no later than December 1, 2022, including, but not limited to, criteria for application acceptance, employer documentation requirements, and renewal procedures.