I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Red Card Guest Work5 er Act of 2024’’. 

6 SEC. 2. PRECONDITIONS. 

7 This Act shall not take effect until the construction 

8 of a physical border wall on the southern border of the 


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1 United States is completed, as determined by the Sec2 retary of Homeland Security. 

3 SEC. 3. RED CARD WEBSITE. 

4 (a) WEBSITE ESTABLISHMENT.—Not later than 275 

5 days after the date of enactment of this Act, the Secretary 

6 of Labor, in conjunction with the Secretary of Homeland 

7 Security, shall establish a website for job postings for any 

8 foreign national admitted as a nonimmigrant under sec9 tion 4 that is operable, navigable by users, and secure. 

10 (b) JOB POSTINGS.—The website shall include a 

11 posting for any job that meets the following criteria: 

12 (1) The job is in the private sector. 

13 (2) The job has been advertised to United 

14 States citizens for not less than 60 days. 

15 (3) The rate of compensation for the job is 

16 greater than or equal to that which would be paid 

17 to a United States citizen for the same job. 

18 SEC. 4. RED CARD PILOT PROGRAM. 

19 (a) ESTABLISHMENT.—Beginning in the first fiscal 

20 year after the date of enactment of this Act, the Secretary 

21 of Labor, in conjunction with the Secretary of Homeland 

22 Security, shall establish a program to grant nonimmigrant 

23 status to foreign nationals who may use such status to 

24 engage in temporary employment with a United States 

25 employer. 


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1 (b) ELIGIBLE PARTICIPANTS.—To be eligible to par2 ticipate in the program established under this section, a 

3 foreign national shall be required to— 

4 (1) apply while being physically present in the 

5 country of nationality or country of last habitual res6 idence; and 

7 (2) pass a comprehensive background check, the 

8 parameters of which shall be determined by the Sec9 retary of Homeland Security. 

10 (c) PRIVATE SECTOR APPLICATIONS.—A foreign na11 tional who meets the eligibility criteria under subsection 

12 (b) may apply to jobs posted on the website established 

13 under section 3. 

14 (d) HIRED FOREIGN NATIONAL.—If hired, a foreign 

15 national shall enter the United States at a port of entry. 

16 (e) RATE OF COMPENSATION.—The rate at which a 

17 foreign national is compensated for the job shall be equal 

18 to or greater than that which would have been paid to 

19 a United States citizen for the same job. 

20 (f) CASE OFFICER.—The Secretary of Homeland Se21 curity shall appoint a case officer to each foreign national 

22 to— 

23 (1) oversee the foreign national’s stay; 

24 (2) verify that the migrant is working; 


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1 (3) keep track of the physical location of the 

2 foreign national by having a current address on file; 

3 (4) receive an annual update from the foreign 

4 national on the status of their employment, residen5 tial address during their stay, name of employer, 

6 and any other information that the Secretary deter7 mines necessary; and 

8 (5) receive an immediate update on changes in 

9 employment or residential address. 

10 (g) EMPLOYER REPORTING.—An employer of a for11 eign national granted status under this section shall in12 form the case officer of the national of the employer termi13 nating, or the national discontinuing, employment with the 

14 employer. 

15 (h) CAP LEVELS.—The Secretary of Homeland Secu16 rity shall grant status to foreign nationals at the following 

17 levels: 

18 (1) In the first year, not more than 50,000 may 

19 be granted status under this section. 

20 (2) In the second year, not more than 75,000 

21 may be granted status under this section. 

22 (3) In the third year, not more than 125,000 

23 may be granted status under this section. 

24 (4) In the fourth year, not more than 125,000 

25 may be granted status under this section. 


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1 (5) In the fifth year, not more than 125,000 

2 may be granted status under this section. 

3 (i) SUNSET.—This program shall cease to be in effect 

4 5 years after the date of enactment of this Act. 

5 (j) REPORT.—Prior to the date on which this pro6 gram ceases to be in effect, the Secretary of Labor, in 

7 conjunction with the Secretary of Homeland Security, 

8 shall issue a report to Congress on the efficacy of the pro9 gram in reducing unlawful presence in the United States 

10 and fulfilling the various needs of the labor market. 

11 SEC. 5. LIMITATIONS ON PARTICIPANTS. 

12 (a) LOSS OF EMPLOYMENT.—If at any time a foreign 

13 national granted status under section 4 is out of work for 

14 any reason, the foreign national shall immediately report 

15 to the foreign national’s case officer and shall have 30 

16 days to commence other employment. If the foreign na17 tional is unsuccessful in the effort to find employment, the 

18 Secretary of Homeland Security shall remove the foreign 

19 national from the United States immediately. 

20 (b) NATIONAL SECURITY RISK.—The Secretary of 

21 Homeland Security may make ineligible for status under 

22 section 4 any foreign national of a country who the Sec23 retary determines poses a heightened risk to national secu24 rity. 


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1 (c) STATUS TERM.—Status granted to a foreign na2 tional under section 4 shall be valid for 2 years after the 

3 date on which such status was granted. 

4 (d) RENEWAL.— 

5 (1) SECOND TERM.—After 2 years, the foreign 

6 national may apply for renewal for a second term of 

7 2 years. 

8 (2) FINAL TERM.—At the end of the second 

9 term of 2 years, the foreign national may apply for 

10 a final term of 1 year. 

11 (e) RENEWAL DETERMINATIONS.—The Secretary of 

12 Homeland Security shall have exclusive authority to make 

13 determinations with respect to granting and renewal of 

14 status. The Secretary shall consult with the case officer 

15 and employer of the foreign national before making deter16 minations with respect to renewal of status. Any foreign 

17 national who fails to make a timely request for renewal 

18 or whose request for renewal is denied shall be removed 

19 from the United States immediately. 

20 (f) NO EFFECT ON CAP.—Any renewal of status 

21 granted under this section shall not count against the cap 

22 under section 4(i). 

23 (g) CONVICTION FOR AN OFFENSE.—A foreign na24 tional granted status under section 4 who is convicted of 

25 a crime during the time during which status is granted 


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1 shall be removed immediately after completing any term 

2 of imprisonment imposed. 

3 (h) VOTING PROHIBITED.—A foreign national grant4 ed status under section 4 is ineligible to vote in any local, 

5 State, or Federal election for public office. 

6 SEC. 6. CONSEQUENCES FOR EMPLOYER VIOLATIONS. 

7 (a) CRIMINAL OFFENSE.—Whoever, being an em8 ployer of a foreign national admitted as a nonimmigrant 

9 under section 4, knowingly advertises a job for less than 

10 the required 60-day period before posting the job on the 

11 website established under section 3, offers a rate of com12 pensation that is lower than that which would be paid to 

13 a United States citizen for the same job, fails to meet 

14 labor standards with respect to such foreign national, or 

15 does not report that such foreign national has failed to 

16 report to work without explanation for a period of 3 days, 

17 shall be fined not more than $50,000 for each violation. 

18 (b) BARRED FROM PARTICIPATION.—Any employer 

19 of a foreign national who is convicted of more than 3 viola20 tions of subsection (a) shall be barred from employing any 

21 foreign national admitted as a nonimmigrant under sec22 tion 4. 


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1 SEC. 7. TAX ON REMITTANCES. 

2 The Secretary of the Treasury shall implement a 10 

3 percent tax on all remittances, not just those sent by for4 eign nationals granted status under section 4. 

5 SEC. 8. FOREIGN NATIONAL DEFINED. 

6 In this Act, the term ‘‘foreign national’’ has the 

7 meaning given the term ‘‘alien’’ in section 101 of the Im8 migration and Nationality Act (8 U.S.C. 1101). 

Æ 


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