[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9978 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9978
To establish the red card status nonimmigrant pilot program, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 11, 2024
Mr. Lopez introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Education and the Workforce, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish the red card status nonimmigrant pilot program, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red Card Guest Worker Act of 2024''.
SEC. 2. PRECONDITIONS.
This Act shall not take effect until the construction of a physical
border wall on the southern border of the United States is completed,
as determined by the Secretary of Homeland Security.
SEC. 3. RED CARD WEBSITE.
(a) Website Establishment.--Not later than 275 days after the date
of enactment of this Act, the Secretary of Labor, in conjunction with
the Secretary of Homeland Security, shall establish a website for job
postings for any foreign national admitted as a nonimmigrant under
section 4 that is operable, navigable by users, and secure.
(b) Job Postings.--The website shall include a posting for any job
that meets the following criteria:
(1) The job is in the private sector.
(2) The job has been advertised to United States citizens
for not less than 60 days.
(3) The rate of compensation for the job is greater than or
equal to that which would be paid to a United States citizen
for the same job.
SEC. 4. RED CARD PILOT PROGRAM.
(a) Establishment.--Beginning in the first fiscal year after the
date of enactment of this Act, the Secretary of Labor, in conjunction
with the Secretary of Homeland Security, shall establish a program to
grant nonimmigrant status to foreign nationals who may use such status
to engage in temporary employment with a United States employer.
(b) Eligible Participants.--To be eligible to participate in the
program established under this section, a foreign national shall be
required to--
(1) apply while being physically present in the country of
nationality or country of last habitual residence; and
(2) pass a comprehensive background check, the parameters
of which shall be determined by the Secretary of Homeland
Security.
(c) Private Sector Applications.--A foreign national who meets the
eligibility criteria under subsection (b) may apply to jobs posted on
the website established under section 3.
(d) Hired Foreign National.--If hired, a foreign national shall
enter the United States at a port of entry.
(e) Rate of Compensation.--The rate at which a foreign national is
compensated for the job shall be equal to or greater than that which
would have been paid to a United States citizen for the same job.
(f) Case Officer.--The Secretary of Homeland Security shall appoint
a case officer to each foreign national to--
(1) oversee the foreign national's stay;
(2) verify that the migrant is working;
(3) keep track of the physical location of the foreign
national by having a current address on file;
(4) receive an annual update from the foreign national on
the status of their employment, residential address during
their stay, name of employer, and any other information that
the Secretary determines necessary; and
(5) receive an immediate update on changes in employment or
residential address.
(g) Employer Reporting.--An employer of a foreign national granted
status under this section shall inform the case officer of the national
of the employer terminating, or the national discontinuing, employment
with the employer.
(h) Cap Levels.--The Secretary of Homeland Security shall grant
status to foreign nationals at the following levels:
(1) In the first year, not more than 50,000 may be granted
status under this section.
(2) In the second year, not more than 75,000 may be granted
status under this section.
(3) In the third year, not more than 125,000 may be granted
status under this section.
(4) In the fourth year, not more than 125,000 may be
granted status under this section.
(5) In the fifth year, not more than 125,000 may be granted
status under this section.
(i) Sunset.--This program shall cease to be in effect 5 years after
the date of enactment of this Act.
(j) Report.--Prior to the date on which this program ceases to be
in effect, the Secretary of Labor, in conjunction with the Secretary of
Homeland Security, shall issue a report to Congress on the efficacy of
the program in reducing unlawful presence in the United States and
fulfilling the various needs of the labor market.
SEC. 5. LIMITATIONS ON PARTICIPANTS.
(a) Loss of Employment.--If at any time a foreign national granted
status under section 4 is out of work for any reason, the foreign
national shall immediately report to the foreign national's case
officer and shall have 30 days to commence other employment. If the
foreign national is unsuccessful in the effort to find employment, the
Secretary of Homeland Security shall remove the foreign national from
the United States immediately.
(b) National Security Risk.--The Secretary of Homeland Security may
make ineligible for status under section 4 any foreign national of a
country who the Secretary determines poses a heightened risk to
national security.
(c) Status Term.--Status granted to a foreign national under
section 4 shall be valid for 2 years after the date on which such
status was granted.
(d) Renewal.--
(1) Second term.--After 2 years, the foreign national may
apply for renewal for a second term of 2 years.
(2) Final term.--At the end of the second term of 2 years,
the foreign national may apply for a final term of 1 year.
(e) Renewal Determinations.--The Secretary of Homeland Security
shall have exclusive authority to make determinations with respect to
granting and renewal of status. The Secretary shall consult with the
case officer and employer of the foreign national before making
determinations with respect to renewal of status. Any foreign national
who fails to make a timely request for renewal or whose request for
renewal is denied shall be removed from the United States immediately.
(f) No Effect on Cap.--Any renewal of status granted under this
section shall not count against the cap under section 4(i).
(g) Conviction for an Offense.--A foreign national granted status
under section 4 who is convicted of a crime during the time during
which status is granted shall be removed immediately after completing
any term of imprisonment imposed.
(h) Voting Prohibited.--A foreign national granted status under
section 4 is ineligible to vote in any local, State, or Federal
election for public office.
SEC. 6. CONSEQUENCES FOR EMPLOYER VIOLATIONS.
(a) Criminal Offense.--Whoever, being an employer of a foreign
national admitted as a nonimmigrant under section 4, knowingly
advertises a job for less than the required 60-day period before
posting the job on the website established under section 3, offers a
rate of compensation that is lower than that which would be paid to a
United States citizen for the same job, fails to meet labor standards
with respect to such foreign national, or does not report that such
foreign national has failed to report to work without explanation for a
period of 3 days, shall be fined not more than $50,000 for each
violation.
(b) Barred From Participation.--Any employer of a foreign national
who is convicted of more than 3 violations of subsection (a) shall be
barred from employing any foreign national admitted as a nonimmigrant
under section 4.
SEC. 7. TAX ON REMITTANCES.
The Secretary of the Treasury shall implement a 10 percent tax on
all remittances, not just those sent by foreign nationals granted
status under section 4.
SEC. 8. FOREIGN NATIONAL DEFINED.
In this Act, the term ``foreign national'' has the meaning given
the term ``alien'' in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101).
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