[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5494 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5494
To amend the Immigration and Nationality Act to provide for an H-2C
nonimmigrant classification, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2025
Mr. Smucker (for himself, Mr. Davis of North Carolina, Ms. Salazar, Mr.
Ciscomani, Mr. Harris of Maryland, Mr. Suozzi, Mr. Kelly of
Pennsylvania, Mr. McCormick, Mr. Amodei of Nevada, and Mr. Cuellar)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committees on Ways and Means, and
Oversight and Government Reform, 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 amend the Immigration and Nationality Act to provide for an H-2C
nonimmigrant classification, 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 ``Essential Workers for Economic
Advancement Act''.
SEC. 2. NONIMMIGRANT CLASSIFICATION FOR H-2C NONIMMIGRANTS.
Section 101(a)(15)(H)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)) is amended by inserting ``(c) who is coming
temporarily to the United States to perform services or labor for a
registered non-agricultural employer in a registered position (as those
terms are defined in section 219A(a)) in accordance with the
requirements under section 219A; or'' before ``(iii) have a
residence''.
SEC. 3. ADMISSION OF H-2C NONIMMIGRANT WORKERS.
(a) Admission of H-2C Nonimmigrant Workers.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
adding at the end the following:
``SEC. 219A. ADMISSION OF H-2C NONIMMIGRANT WORKERS.
``(a) Definitions.--In this section:
``(1) Department.--Except as otherwise specifically
provided, the term `Department' means the Department of
Homeland Security.
``(2) Eligible occupation.--The term `eligible occupation'
means an eligible occupation described in subsection (e)(3).
``(3) Employer.--
``(A) In general.--The term `employer' means any
person or operational unit of a for-profit or nonprofit
entity that is operating independently in a county or
metropolitan statistical area and who hires an
individual for employment in the United States.
``(B) Treatment of single employer.--For purposes
of determining the number of employees or United States
workers employed by an employer, a single entity shall
be treated as 1 employer.
``(4) Enduring job opening.--The term `enduring job
opening' refers to a job opening that--
``(A) remains unfilled on the first day of the
month for 3 consecutive months; or
``(B) is unfilled for more than 60 days in a period
of 90 consecutive days.
``(5) Full employment area.--The term `full employment
area' refers to any county or metropolitan statistical area
where the unemployment rate during the fiscal quarter during
which an application is submitted by an employer is equal or
less than 7.9 percent.
``(6) H-2C nonimmigrant.--The term `H-2C nonimmigrant'
means an alien admitted as a nonimmigrant pursuant to section
101(a)(15)(H)(ii)(c).
``(7) H-2C nonimmigrant status.--The term `H-2C
nonimmigrant status' means status granted to an alien admitted
as a nonimmigrant pursuant to section 101(a)(15)(H)(ii)(c).
``(8) Industries with comparatively low sales per
employee.--The term `industries with comparatively low sales
per employee' means those industries that rank in the lowest
ten when dividing sales by the number of employees in the
ECNBASIC Dataset, as shown in the `All Sectors: Summary
Statistics for the U.S.' using the three-digits North American
Industry Classification System (NAICS). This table provides
summary statistics for establishments and firms with paid
employees.
``(9) Initial h-2c nonimmigrant.--The term `initial H-2C
nonimmigrant' means an alien--
``(A) issued an H-2C-nonimmigrant visa by the
Secretary of State authorizing the admission of that
alien to the United States for the first time as an H-
2C nonimmigrant; and
``(B) does not include an alien on or after the
date the alien commences employment in H-2C
nonimmigrant status with a registered employer in a
registered position.
``(10) Lay off.--The term `lay off'--
``(A) means to cause a worker to lose employment,
other than through a discharge for inadequate
performance, violation of workplace rules, cause,
voluntary departure, voluntary retirement, or the
expiration of a grant or contract; and
``(B) does not include any situation in which the
worker is offered and refused to accept, as an
alternative to such loss of employment, a similar
employment opportunity with the same employer at
equivalent or higher compensation and benefits than the
position from which the employee was discharged.
``(11) Metropolitan statistical area.--The term
`metropolitan statistical area' means a geographic area
designated as a metropolitan statistical area by the Director
of the Office of Management and Budget.
``(12) Registered employer.--The term `registered employer'
means an operational business unit of a nonagricultural
employer that is operating independently in a full employment
area and is designated by the Secretary as a registered
employer under subsection (d).
``(13) Registered position.--The term `registered position'
means a position designated as a registered position under
subsection (e).
``(14) Scarcity recruitment fee.--The term `scarcity
recruitment fee' refers to a payment equal to 5 percent of an
H-2C immigrant's estimated annual compensation that a
registered employer remits to the Secretary as part of the
employer's application for a registered position in order to
demonstrate said employer's inability to recruit a United
States worker for the position.
``(15) Secretary.--Except as otherwise specifically
provided, the term `Secretary' means the Secretary of Homeland
Security.
``(16) Single entity.--The term `single entity' means any
group treated as a single employer under subsection (b), (c),
(m), or (o) of section 414 of the Internal Revenue Code of
1986.
``(17) Small business.--The term `small business' means an
employer that employs fewer than 36 full-time employees or
fewer than 51 full-time equivalent employees.
``(18) United states worker.--The term `United States
worker' means an individual who is--
``(A) lawfully employed or seeking employment in
the United States; and
``(B)(i) a national of the United States;
``(ii) an alien lawfully admitted for permanent
residence; or
``(iii) any other alien authorized to work in the
United States with no limitation as to the alien's
employer.
``(19) Zone 1 occupation.--The term `zone 1 occupation'
means an occupation that requires little or no preparation and
is classified as a zone 1 occupation on--
``(A) the Occupational Information Network Database
(O*NET) on the date of the enactment of this section;
or
``(B) such Database or a similar successor
database, as designated by the Secretary of Labor,
after the date of the enactment of this section.
``(20) Zone 2 occupation.--The term `zone 2 occupation'
means an occupation that requires some preparation and is
classified as a zone 2 occupation on--
``(A) the Occupational Information Network Database
(O*NET) on the date of the enactment of this section;
or
``(B) such Database or a similar successor
database, as designated by the Secretary of Labor,
after the date of the enactment of this section.
``(21) Zone 3 occupation.--The term `zone 3 occupation'
means an occupation that requires medium preparation and is
classified as a zone 3 occupation on--
``(A) the Occupational Information Network Database
(O*NET) on the date of the enactment of this section;
or
``(B) such Database or a similar successor
database, as designated by the Secretary of Labor,
after the date of the enactment of this section.
``(b) Admission Into the United States.--An alien is eligible to be
admitted as an H-2C nonimmigrant if the alien--
``(1) has received an offer of employment from a registered
employer; and
``(2) otherwise meets the requirements of this section.
``(c) H-2C Nonimmigrants.--
``(1) Application.--An alien seeking to be an H-2C
nonimmigrant shall submit an application to the Secretary.
``(2) Attestation.--Each application submitted under
paragraph (1) for an alien shall include an attestation as
follows:
``(A) That the H-2C nonimmigrant will report to
such nonimmigrant's initial employment in a registered
position not later than 14 days after such nonimmigrant
is admitted.
``(B) That the H-2C nonimmigrant will accept only
registered positions and abide by all terms and
conditions of H-2C nonimmigrant status.
``(C) That the H-2C nonimmigrant will not bring a
family member to the United States in violation of any
provision of this Act.
``(3) Application review.--The Secretary shall adjudicate
an application submitted under paragraph (1) not later than 45
days after the receipt of such application.
``(4) Fees.--
``(A) In general.--Each application submitted under
paragraph (1) shall include a fee in the amount
determined by the Secretary adjudicating such
application to be necessary to cover the cost of
adjudicating the application within 45 days.
``(B) Premium processing.--The Secretary and the
Secretary of State shall create an expedited process to
review an application submitted under paragraph (1) for
an additional fee, in an amount determined by such
Secretaries.
``(5) Eligibility for h-2c nonimmigrant status.--No alien
may be admitted as an H-2C nonimmigrant if the alien--
``(A) is inadmissible under this Act;
``(B) fails to pass a criminal background check or
a national security background check;
``(C) is from a country determined by the Secretary
of State to have repeatedly provided support for acts
of international terrorism pursuant to--
``(i) section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A)) (or successor statute);
``(ii) section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)); or
``(iii) section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a)); or
``(D) has not received an offer of employment from
a registered employer in a registered position.
``(6) Employment.--
``(A) Initial employment.--
``(i) Reporting to employment.--An initial
H-2C nonimmigrant shall report to such
nonimmigrant's initial employment in a
registered position not later than 14 days
after such nonimmigrant is admitted to the
United States.
``(ii) Reporting to the secretary.--An
initial H-2C nonimmigrant shall maintain
contact with the Secretary after such H-2C
nonimmigrant is admitted to the United States
but before reporting to the initial employment
at an interval that is determined by the
Secretary, but not less than every 7 days.
``(B) Periods of unemployment.--An H-2C
nonimmigrant--
``(i) may be unemployed for a period of not
more than 45 consecutive days of presence in
the United States; and
``(ii) shall depart the United States if
such H-2C nonimmigrant is unable to obtain
employment during such period.
``(7) Initial period of authorized presence.--An H-2C
nonimmigrant may be physically present in the United States for
an initial period of not more than a total of 36 months.
``(8) Renewal.--An H-2C nonimmigrant may renew his or her
H-2C nonimmigrant status for not more than 2 additional
consecutive periods of authorized presence.
``(9) Travel.--An H-2C nonimmigrant may travel outside the
United States and be readmitted to the United States.
``(10) Penalties.--If an H-2C nonimmigrant fails to comply
with any other term or condition of H-2C nonimmigrant status or
remains in the United States for 10 days after the date of the
expiration of his or her period of authorized presence without
status under the immigration laws, then the Secretary shall
mandatorily--
``(A) subject such nonimmigrant to the revocation
of employment authorization; and
``(B) initiate and pursue removal under section
237(a)(1)(C)(i).
``(d) Registered Employer.--
``(1) Application.--An employer seeking to be a registered
employer may submit an application to the Secretary. Each such
application shall include the following:
``(A) Documentation to establish that the employer
is a bona fide employer operating in a full employment
area.
``(B) Evidence that the employer is current in
payment of payroll taxes.
``(C) The employer's Federal tax identification
number or employer identification number issued by the
Internal Revenue Service.
``(D) The number of H-2C nonimmigrants the employer
estimates the employer will seek to employ annually.
``(E) Any documented evidence of employer
participation in industry recognized training and
safety programs for U.S. workers.
``(2) Referral for fraud investigation.--The Secretary may
refer an application submitted under paragraph (1) or
subsection (e)(1)(A) to the Fraud Detection and National
Security Directorate of U.S. Citizenship and Immigration
Services for potential investigation if there is evidence of
fraud particular to such application.
``(3) Ineligible employers.--
``(A) In general.--Notwithstanding any other
applicable penalties under law, the Secretary shall
deny an employer's application to be a registered
employer if the Secretary determines, after notice and
an opportunity for a hearing, that the employer
submitting such application--
``(i) has, in such application (including
any attestations required by law)--
``(I) knowingly misrepresented a
material fact;
``(II) knowingly made a fraudulent
statement; or
``(III) knowingly failed to comply
with the terms of such attestations;
``(ii) failed to cooperate in the process
established pursuant to subsection (m);
``(iii) has been convicted of an offense
under chapter 77 of title 18, United States
Code, any conspiracy to commit such an offense,
or any human trafficking offense under State or
territorial law;
``(iv) has, within 2 years prior to the
date of the application--
``(I) been finally adjudicated as
having committed any hazardous
occupation orders violation resulting
in injury or death under the child
labor provisions contained in section
12 of the Fair Labor Standards Act of
1938 (29 U.S.C. 212) or any pertinent
regulation;
``(II) received a final
adjudication assessing a civil monetary
penalty for a pattern and practice of
willful violation of the minimum wage
provisions of section 6 of the Fair
Labor Standards Act of 1938 (29 U.S.C.
206); or
``(III) received a final
adjudication assessing a ci