; and (B) offers the job to an equally or better qualified United States worker who will be available at the time and place and for the duration of need and who applies for the job. (3) Exemption from rules with respect to staggering The Secretary of Homeland Security shall not consider an employer who brings H–2B nonimmigrants into the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of any applicable provision of law. . (b) Table of contents amendment The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 218 the following: 218A. Admission of temporary H–2B nonimmigrants. . 5. Processing of H–2B visa petitions by the Department of Homeland Security (a) Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Labor, shall issue regulations that establish the necessary procedures for processing visa petitions for H–2B nonimmigrants in accordance with the provisions of this Act and the amendments made by this Act. The Secretary shall have exclusive authority, which may not be delegated outside the Department of Homeland Security, to issue rules and final determinations with respect to the visa program for H–2B nonimmigrants. (b) Acceptance of petitions (1) In general Not later than 5 business days after the date an employer files a premium processing petition and not later than 15 business days after the date an employer files any other petition for an H–2B nonimmigrant, the Secretary shall— (A) review the petition and make a prima facie determination as to whether the petition is potentially approvable, which shall be based on whether— (i) the employer has established the need for non-agricultural services or labor to be performed is temporary in nature; (ii) the number of workers being requested is justified