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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5644 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5644

   To establish a new visa category for high-skilled aliens seeking 
employment in slow-growing and shrinking counties in the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            December 20 (legislative day, December 16), 2024

Mr. Young (for himself and Mr. Manchin) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To establish a new visa category for high-skilled aliens seeking 
employment in slow-growing and shrinking counties in the United States.

    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 ``Heartland Visa Act of 2024''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) High-skilled immigrants are an invaluable source of 
        innovation and entrepreneurship for the United States economy. 
        Since 2000, immigrants have accounted for 25 percent of recent 
        startups, 23 percent of United States patents, and 38 percent 
        of American Nobel prizes in medicine, chemistry, and physics.
            (2) Industries that are critical to the United States 
        economic and national security depend on the contributions of 
        foreign-born workers. Nineteen percent of our Nation's domestic 
        defense industrial base's workforce is foreign-born, including 
        49 percent of such workers with a master's degree in science, 
        technology, engineering, or math (STEM) and 56 percent of such 
        workers with a STEM PhD.
            (3) Large portions of the United States have not benefitted 
        from this foreign-born talent since more than \2/3\ of all 
        foreign-born United States residents with a bachelor's degree 
        or higher reside in the largest 100 counties in the United 
        States.
            (4) Hundreds of counties across the country are suffering 
        from the effects of population decline and shortages of 
        scientific and technical talent.
            (5) Local population decline erodes municipal tax bases, 
        saps communities of resources for infrastructure and education 
        funding, and erodes economic dynamism and innovation.
            (6) A new place-based Heartland Visa Program for skilled 
        talent would--
                    (A) unlock existing latent capacity for growth, 
                innovation, and entrepreneurship that seeds new 
                clusters of opportunity in participating counties;
                    (B) help to build more resilient supply chains in 
                strategically important sectors; and
                    (C) allow the United States to leap ahead of United 
                States competitors in the global race for technical 
                talent.

SEC. 3. HEARTLAND VISA.

    (a) In General.--Chapter I of title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding at the end 
the following:

``SEC. 210A. HEARTLAND VISA PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means an alien 
        seeking a Heartland Visa under this section.
            ``(2) Clearing rate.--The term `clearing rate' means the 
        lowest successful wage bid in the salary survey for a specific 
        quarter.
            ``(3) Eligible county.--The term `eligible county' means a 
        county, an independent city, a parish (in Louisiana), or a 
        borough (in Alaska) that has been designated by the Secretary, 
        in accordance with the process described in subsection (b), as 
        a jurisdiction that is eligible to participate in the Heartland 
        Visa Program.
            ``(4) Heartland visa.--The term `Heartland Visa' means a 
        visa issued to an alien pursuant to this section.
            ``(5) HV-1 visa.--The term `HV-1 Visa' means a Heartland 
        Visa issued to an applicant.
            ``(6) HV-2 visa.--The term `HV-2 Visa' means a Heartland 
        Visa issued to the spouse or child of an applicant.
            ``(7) National vetting center.--The term `National Vetting 
        Center' means the National Vetting Center established pursuant 
        to National Security Presidential Memorandum 9, issued on 
        February 6, 2018.
            ``(8) Participating county.--The term `participating 
        county' means an eligible county that has elected to 
        participate in the Heartland Visa Program.
            ``(9) Remote worker.--The term `remote worker' means an 
        employee whose routinely works for an employer at a location 
        that is not owned or leased by his or her employer.
            ``(10) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security, working through the Director of U.S. 
        Citizenship and Immigration Services.
            ``(11) Wage bid.--The term `wage bid' means an annualized 
        salary reported pursuant to subsection (c)(2) that has been 
        adjusted in accordance with subsection (c)(3).
    ``(b) Designation and Participation of Eligible Counties.--
            ``(1) Initial designation.--
                    ``(A) Required criteria.--During the 1-year period 
                beginning on the date of the enactment of the Heartland 
                Visa Act of 2024, a county may not be designated as an 
                eligible county unless--
                            ``(i) the number of individuals residing in 
                        the county who are at least 25 years of age and 
                        younger than 55 years of age did not increase 
                        by more than 0.5 percent between the 2010 
                        decennial census and the 2020 decennial census; 
                        and
                            ``(ii) the median home value in the county, 
                        as measured by the 2016-2020 American Community 
                        Survey of the Bureau of the Census, is not 
                        higher than the national median home value.
                    ``(B) Supplemental criteria.--In addition to the 
                requirements described in subparagraph (A), a county 
                may not be designated as an eligible county during the 
                1-year period beginning on the date of the enactment of 
                the Heartland Visa Act of 2024 unless--
                            ``(i) the total number of individuals 
                        residing in the county did not increase by more 
                        than 0.5 percent between the 2010 decennial 
                        census and the 2020 decennial census; or
                            ``(ii)(I) the total population residing in 
                        the county peaked at the time of or before the 
                        1980 decennial census; and
                            ``(II) the total number of individuals 
                        residing in the county did not increase by more 
                        than 5 percent between the 2010 decennial 
                        census and the 2020 decennial census.
            ``(2) Subsequent designation of eligible counties.--After 
        the initial 1-year period referred to in paragraph (1), any 
        county that did not meet the initial criteria for designation 
        as an eligible county under such paragraph may be so designated 
        if such county meets the criteria described in paragraph (1), 
        as measured by comparing the data from the most recent 5-year 
        American Community Survey published by the Bureau of the Census 
        with the data from the American Community Survey that was 
        published 10 years before the publication of the most recent 
        American Community Survey.
            ``(3) Participation in heartland visa program.--
                    ``(A) Application.--An eligible county desiring to 
                participate in the Heartland Visa Program, after the 
                relevant county decision-making body authorizes such 
                participation, shall submit an application to the 
                Secretary that contains such information as the 
                Secretary, in consultation with the Secretary of Labor, 
                may reasonably require.
                    ``(B) Limit on total population of participating 
                counties.--The Secretary, in consultation with the 
                Secretary of Labor, shall determine the number of 
                participating counties. In making such determination, 
                the Secretary shall--
                            ``(i) limit the combined population of all 
                        participating counties to not more than 
                        25,000,000;
                            ``(ii) ensure that all 4 Census Bureau 
                        regions are represented; and
                            ``(iii) include both rural and urban 
                        counties.
                    ``(C) Selection criteria.--In determining which 
                eligible counties will be designated as participating 
                counties, the Secretary, in consultation with the 
                Secretary of Labor, shall give priority to counties--
                            ``(i) with a larger labor market, based on 
                        population and the number of individuals 
                        employed within the county;
                            ``(ii) that are adjacent to other eligible 
                        counties that are also applying to participate 
                        in the Program;
                            ``(iii) in which low-cost housing is 
                        available;
                            ``(iv) in which 1 or more institutions of 
                        higher education are located; and
                            ``(v) that demonstrate the capacity to 
                        successfully absorb high-skilled immigrants, 
                        including a shortage in skilled labor, local 
                        organizations dedicated to helping skilled 
                        immigrants, and public-private partnerships.
                    ``(D) Allocation of visas.--
                            ``(i) In general.--The Secretary, after 
                        consultation with the Secretary of Labor, shall 
                        allocate Heartland Visas, on a quarterly basis, 
                        among participating counties through the wage-
                        based points system described in subsection 
                        (c).
                            ``(ii) Priority.--Heartland Visas shall be 
                        issued to qualifying applicants in each 
                        participating county in descending order of the 
                        wage bids until the earlier of the date on 
                        which--
                                    ``(I) all available visas for the 
                                applicable quarter have been issued; or
                                    ``(II) there are no more qualified 
                                applicants.
            ``(4) Terminating participation.--A county that has 
        participated in the Heartland Visa Program shall terminate such 
        participation if--
                    ``(A) the relevant county decision-making body 
                rescinds its prior authorization referred to in 
                paragraph (3)(A) during an annual `opt out' period 
                established by the Secretary;
                    ``(B) the cumulative population growth of the 
                county since the date on which the county began 
                participating in the Heartland Visa Program exceeds 15 
                percent; or
                    ``(C) the median home value in the county exceeds 
                the national median home value by at least 20 percent, 
                as measured by the most recently published 5-year 
                American Community Survey.
    ``(c) Wage Bids.--
            ``(1) In general.--The Secretary shall allocate Heartland 
        Visas, on a quarterly basis, among participating counties 
        through the wage-based points system described in this 
        subsection. Heartland Visas shall be issued to qualifying 
        applicants in each participating county in descending order of 
        the wage bids until all available visas have been issued or 
        there are no more qualified applicants remaining.
            ``(2) Quarterly salary surveys.--The Secretary shall hold 
        quarterly salary surveys through which eligible applicants may 
        submit--
                    ``(A)(i) the name of a prospective employer that 
                has given the applicant an offer of employment and 
                proof of such offer that identifies the annualized 
                salary being offered; or
                    ``(ii) if the applicant intends to remain in his or 
                her current job and relocate to another participating 
                county, the name of the applicant's current employer 
                and proof of the annualized salary that he or she is 
                being paid;
                    ``(B) the current age of the applicant;
                    ``(C) proof that the applicant has earned a 
                bachelor's degree or higher from an accredited 
                institution of higher education within the 
                participating county, if applicable; and
                    ``(D) evidence that the applicant meets the 
                requirements under paragraph (3)(C), if applicable.
            ``(3) Adjustments to calculate wage bid.--The Secretary 
        shall calculate a wage bid for each applicant--
                    ``(A) by multiplying the annualized salary reported 
                pursuant to paragraph (2)--
                            ``(i) for applicants who are younger than 
                        25 years of age, by a factor that is not more 
                        than 2.5 and is higher than the factor 
                        applicable to applicants described in clause 
                        (ii);
                            ``(ii) for applicants who are at least 25 
                        years of age and younger than 30 years of age, 
                        by a factor that is lower than the factor 
                        applicable to applicants described in clause 
                        (i) and higher than the factor applicable to 
                        applicants described in clause (iii);
                            ``(iii) for applicants who are at least 30 
                        years of age and younger than 35 years of age, 
                        by a factor that is lower than the factor 
                        applicable to applicants described in clause 
                        (ii) and higher than the factor applicable to 
                        applicants described in clause (iv);
                            ``(iv) for applicants who are at least 35 
                        years of age and younger than 40 years of age, 
                        by a factor that is lower than the factor 
                        applicable to applicants described in clause 
                        (iii) and higher than the factor applicable to 
                        applicants described in clause (v); and
                            ``(v) for applicants who are at least 40 
                        years of age, by a factor that is lower than 
                        the factor applicable to applicants described 
                        in clause (iv) and not less than 1.0;
                    ``(B) for applicants who have earned a bachelor's 
                degree or higher from an institution of higher 
                education (as defined in section 101 of the Higher 
                Education Act of 1965 (20 U.S.C. 1001)) located within 
                the participating county, multiplying such annualized 
                salary, as adjusted pursuant to subparagraph (A) (if 
                applicable), by 1.1; and
                    ``(C) for applicants who are transferring within a 
                company or are remote workers and who have been 
                employed continuously for at least 1 year by such 
                company during the most recent 3-year period, by 
                multiplying such annualized salary, as adjusted 
                pursuant to subparagraphs (A) and (B) (if applicable), 
                by 1.1.
            ``(4) Age weighting factors.--The Secretary shall set the 
        factors under clauses (i) through (iv) of paragraph (3)(A) to 
        maximize the expected future lifetime earnings of Heartland 
        Visa holders.
            ``(5) Alternative wage bid.--A self-employed applicant, 
        including freelancers providing remote professional services, 
        entrepreneurs starting a new business in the United States, and 
        entrepreneurs moving their business operations to the United 
        States, may submit a wage bid to the Secretary consisting of 
        the average annual personal net earnings received from his or 
        her business during the most recent 3-year period.
            ``(6) Minimum salary.--Any applicant with an annualized 
        salary offer described in paragraph (2) that is less than the 
        United States median annual earnings for full-time, year-round 
        workers for the most recent fiscal year is ineligible to 
        receive a Heartland Visa under this section.
    ``(d) Terms and Employment Conditions.--
            ``(1) Fees.--
                    ``(A) In general.--The Secretary shall collect from 
                each Heartland Visa applicant, at the time of 
                application--
                            ``(i) an application fee or a renewal fee, 
                        as applicable;
                            ``(ii) an additional fee to pay for the 
                        enhanced vetting required under subsection 
                        (f)(2); and
                            ``(iii) for those seeking permanent 
                        residence in the United States pursuant to 
                        subsection (i), an adjustment of status fee in 
                        accordance with section 245.
                    ``(B) Amount.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), the Secretary shall set the amount 
                        for the fees required under subparagraph (A) at 
                        an amount that is sufficient to cover, but not 
                        exceed, the costs of processing applications 
                        under this section.
                            ``(ii) Premium fee.--Subject to clause 
                        (iii), the Secretary shall collect a premium 
                        fee of $2,805 for aliens desiring expedited 
                        processing of their immigration application 
                        under this section. Such fee shall be returned 
                        if the relevant application is not processed by 
                        the date that is 15 days after the date on 
                        which such application is received by the 
                        Secretary.
                            ``(iii) Biennial adjustment.--The Secretary 
                        shall adjust the premium fee authorized under 
                        clause (ii) on a biennial basis by the 
                        percentage (if any) by which the Consumer Price 
                        Index for All Urban Consumers for the month of 
                        June preceding the date on which such 
                        adjustment takes effect exceeds the Consumer 
                        Price Index for All Urban Consumers for the 
                        same month of the second preceding calendar 
                        year. The provisions of section 553 of title 5, 
                        United States Code, shall not apply to an 
                        adjustment authorized under this clause.
                    ``(C) Heartland visa account.--Amounts collected 
                pursuant to subparagraph (A) shall be deposited into 
                the Heartland Visa Account established under section 
                286(w).
            ``(2) Term; renewal.--
                    ``(A) Term.--An applicant who is issued a Heartland 
                Visa pursuant to this section--
                            ``(i) shall reside, during the 3-year 
                        period such visa remains in effect, except for 
                        an initial grace period of up to 3 months, as 
                        determined by the Secretary, in--
                                    ``(I) a participating county; or
                                    ``(II) a county that was a 
                                participating county at the time the 
                                applicant first established residency 
                                in such county;
                            ``(ii) may be employed by any employer in 
                        the United States during such 3-year period;
                            ``(iii) may not be within any of the 
                        classes of inadmissible aliens described in 
                        section 212(a) and shall be removed from the 
                        United States if he or she is within any of the 
                        classes of deportable aliens described in 
                        section 237(a); and
                            ``(iv) shall depart from the United States 
                        before the last day of such 3-year period 
                        unless--
                                    ``(I) the applicant renews such 
                                status pursuant to subparagraph (B); or
                                    ``(II) the applicant, following the 
                                2nd 3-year term, applies to adjust his 
                                or her status to that of an alien 
                                lawfully admitted for permanent 
                                residence pursuant subsection (h).
                    ``(B) Renewal.--An applicant may renew a Heartland 
                Visa issued pursuant to this section for 1 additional 
                3-year period under the same terms and conditions as 
                the initial Heartland Visa was issued by submitting to 
                the Secretary proof that the applicant has complied 
                with subparagraph (A)(i) and paragraph (3) during the 
                period in which such visa was in effect.
            ``(3) Earnings requirement.--Each Heartland Visa holder 
        shall earn an annualized salary equal to not less than the 
        lesser of--
                    ``(A) the amount he or she included in his or her 
                response to the applicable quarterly salary survey 
                under subsection (c)(2); or
                    ``(B) the lowest quarterly auction `clearing rate' 
                during the most recent 12-month period.
            ``(4) Spouses and dependents.--
                    ``(A) Application.--Each Heartland Visa holder may 
                apply for an HV-2 visa on behalf of his or her spouse 
                and any of his or her unmarried dependent children.
                    ``(B) Term.--An HV-2 visa issued pursuant to 
                subparagraph (A) shall remain valid while the Heartland 
                Visa of the spouse or parent remains valid.
                    ``(C) Employment authorization.--The Secretary 
                shall automatically authorize alien spouses and 
                unmarried dependent children who are at least 16 years 
                of age to engage in employment in the United States if 
                such aliens--
                            ``(i) were issued an HV-2 visa pursuant to 
                        subparagraph (A); and
                            ``(ii) are accompanying or following to 
                        join the principal Heartland Visa holder while 
                        maintaining such status.
                    ``(D) Exemption from numerical limitation.--HV-2 
                visas issued to spouses and children pursuant to 
                subparagraph (A) shall not be subject to the numerical 
                limitation set forth in subsection (g).
            ``(5) No dual intent requirement.--
                    ``(A) In general.--Notwithstanding subsection (h), 
                an alien whose nonimmigrant visa was issued under the 
                condition that such alien intends to depart the United 
                States upon the expiration of such visa may apply for 
                an HV-1 visa under this section.
                    ``(B) Exchange visitor program participants.--A 
                nonimmigrant admitted to the United States under 
                section 101(a)(15)(J)(i) whose employment has been 
                funded, in whole or in part, directly or indirectly, by 
                any United States Government agency (other than the 
                Department of State's Bureau of Educational and 
                Cultural Affairs) is eligible to apply for an HV-1 
                Visa. Notwithstanding section 212(e), if such a 
                nonimmigrant is issued such a visa, the alien shall be 
                exempt from the 2-year home country residency 
                requirement under such section.
            ``(6) Continued residence in a county that has terminated 
        participation in the heartland visa program.--A Heartland Visa 
        holder residing in a county that terminates its participation 
        in the Heartland Visa program pursuant to subsection (b)(3)(B) 
        may--
                    ``(A) continue to reside in such county until the 
                end of the current 3-year term;
                    ``(B) renew the Heartland Visa for another 3-year 
                term in accordance with paragraph (2)(B); and
                    ``(C) move to another participating county.
    ``(e) Verification Portal.--
            ``(1) Information to be submitted by heartland visa 
        holders.--All Heartland Visa holders shall notify the Secretary 
        of any changes to his or her physical address or employment by 
        submitting, not later than 60 days after such documentation is 
        created--
                    ``(A) a digital copy of a signed sale, lease, or 
                rental agreement for their new residence; and
                    ``(B) to demonstrate that their earnings meet the 
                minimum earnings requirement under subsection (d)(3)--
                            ``(i) a digital copy of a signed employment 
                        agreement or digital copies of wage statements; 
                        or
                            ``(ii) for self-employed Heartland Visa 
                        holders, a digital copy of all tax returns 
                        submitted to the Internal Revenue Service 
                        documenting earnings while in such status.
            ``(2) Information to be submitted by employers.--All 
        employers of Heartland Visa holders shall--
                    ``(A) submit documentation that the employer is 
                paying a salary to each Heartland Visa holder that 
                meets the minimum earnings requirement under subsection 
                (d)(3); and
                    ``(B) notify the Secretary if any Heartland Visa 
                holder has terminated his or her employment with the 
                employer.
            ``(3) Investigations.--The Secretary shall conduct random 
        investigations to determine whether Heartland Visa holders are 
        complying with the residency requirements under paragraph 
        (2)(A)(i) of subsection (d), except as provided under paragraph 
        (4) of such subsection.
    ``(f) Vetting Requirements.--
            ``(1) In general.--All applicants for the Heartland Visa 
        Program, including applicants submitting initial applications, 
        renewal applications, and applications for permanent residence, 
        shall undergo a comprehensive background check conducted by the 
        National Vetting Center to ensure they do not pose a security 
        risk to the United States.
            ``(2) Enhanced vetting requirement for certain 
        applicants.--In addition to the general background check, any 
        applicant for a Heartland Visa who is a national of a country 
        designated as a `Country of Particular Concern' under section 
        402 of the International Religious Freedom Act of 1998 (22 
        U.S.C. 6442) shall be subject to enhanced vetting procedures, 
        which shall include--
                    ``(A) additional security screenings and mandatory 
                interviews;
                    ``(B) comprehensive background checks; and
                    ``(C) a thorough review of the applicant's travel 
                history and affiliations.
            ``(3) Coordination.--In carrying out the background checks 
        and vetting procedures required under this subsection, the 
        Secretary of Homeland Security shall coordinate with other 
        relevant Federal agencies, including the Federal Bureau of 
        Investigation and the Department of State.
            ``(4) Discrimination prohibited.--No person or entity 
        participating in the Heartland Visa Program, including 
        counties, employers, and any other stakeholders, may 
        discriminate against any applicant or visa holder based on 
        nationality, race, color, religion, sex, national origin, age, 
        disability, or genetic information.
    ``(g) Numerical Limitations.--
            ``(1) In general.--The number of HV-1 visas available in 
        each fiscal year shall be 50,000.
            ``(2) Reallocation of unused visas.--The Secretary of 
        State, in consultation with the Secretary, shall--
                    ``(A) calculate the difference between the number 
                of HV-1 visas authorized under paragraph (1) for a 
                fiscal year and the number of such visas issued in such 
                fiscal year; and
                    ``(B) reallocate any unused HV-1 visas for the 
                following fiscal year.
    ``(h) Adjustment of Status.--
            ``(1) Application.--During the 90-day period immediately 
        preceding the completion of a second 3-year Heartland Visa 
        term, a visa holder may apply for an adjustment of status to 
        that of a person admitted for permanent residence. All such 
        applicants shall be granted an extension of their Heartland 
        Visa status until--
                    ``(A) the date on which such application is 
                approved; or
                    ``(B) if such application is denied, the date that 
                is 60 days after the date of such denial.
            ``(2) Approval criteria.--The Secretary shall approve any 
        application submitted pursuant to paragraph (1) by a Heartland 
        Visa holder who--
                    ``(A) has fully complied with the requirements of 
                the Heartland Visa Program under this section; and
                    ``(B) has met the earnings requirement under 
                subparagraph (A) or (B) of paragraph (3), as verified 
                through an inspection of the applicants tax records.
            ``(3) Earnings requirement.--
                    ``(A) Standard criteria.--A Heartland Visa holder 
                meets the earnings requirement under the standard 
                criteria if his or her average earnings during the 
                previous 5 years was not less than the age-specific 
                75th income percentile amount during such period.
                    ``(B) Higher earner criteria.--A Heartland Visa 
                holder meets the earnings requirement under the higher 
                earner criteria if his or her earnings during at least 
                2 of the previous 5 years was not less than the age-
                specific 90th income percentile amount for such years.
                    ``(C) Calculation of earnings thresholds.--
                            ``(i) In general.--The Secretary, using the 
                        microdata from the most recent American 
                        Community Survey, shall annually calculate, for 
                        each single-year age, the 75th and 90th income 
                        percentile amounts for all United States 
                        residents.
                            ``(ii) Notification.--The Secretary shall 
                        notify each newly approved Heartland Visa 
                        holder of the age-specific 75th and 90th income 
                        percentile amounts applicable to such person 
                        for each of the following 6 years.
            ``(4) Spouses and children.--An HV-1 visa holder who 
        applies for permanent residence pursuant to paragraph (1) may 
        concurrently apply for permanent residence on behalf of his or 
        her spouse and any unmarried dependent children who were issued 
        an HV-2 visa concurrently with the principal Heartland Visa 
        holder pursuant to subsection (d)(4) or, with respect to 
        spouses and children who followed to join such HV-1 visa 
        holder, were later issued an HV-2 visa. Such application shall 
        be approved if the HV-2 visa holder meets other applicable 
        criteria under section 245 for adjustment to permanent resident 
        status.
            ``(5) Exclusion from numerical limitations.--Immigrant 
        visas authorized under this subsection are not subject to any 
        otherwise applicable numerical limitations, including per 
        country caps.
    ``(i) Penalties.--Applicants for Heartland Visas who violate any 
provision of this Act shall be subject to the same penalties applicable 
to other visa applicants for similar violations, including fines, 
deportation, and disqualification from future participation in the 
Heartland Visa Program.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after 
the item relating to section 210 the following:

``Sec. 210A. Heartland Visa Program.''.

SEC. 4. RULEMAKING.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall promulgate regulations 
that--
            (1) establish the requirements and procedures the Secretary 
        determines necessary to carry out and implement the Heartland 
        Visa Program authorized under section 210A of the Immigration 
        and Nationality Act, as added by section 3(a) of this Act, 
        including--
                    (A) the criteria and process for the initial and 
                ongoing designation of eligible counties;
                    (B) the application process for counties seeking to 
                participate in the program;
                    (C) the wage-based points system for allocating 
                visas, including the methodology for calculating wage 
                bids and clearing rates;
                    (D) the verification and reporting requirements for 
                Heartland Visa holders and their employers;
                    (E) the procedures for the renewal of Heartland 
                Visas; and
                    (F) the criteria required for adjusting the status 
                of a Heartland Visa holder to lawful permanent 
                resident;
            (2) certify the relevant decision-making body in each 
        eligible county that is authorized to elect to participate in 
        the Heartland Visa Program, including--
                    (A) the criteria for the certification of such 
                bodies; and
                    (B) the process for counties to establish or 
                designate a decision-making body if such an entity does 
                not currently exist;
            (3) identify which counties lack such a decision-making 
        body and whose participation in Heartland Visa Program will be 
        determined by the State legislature, including--
                    (A) the criteria for identifying such counties; and
                    (B) the process for state legislatures to elect 
                participation in the program on behalf of such 
                counties;
            (4) specify what constitutes sufficient proof of recent 
        earnings for purposes of paragraph (2)(A) and (5) of section 
        210A(b) of the Immigration and Nationality Act, as added by 
        section 3(a) of this Act, including--
                    (A) the types of acceptable documentation, which 
                may include tax returns, wage statements, employment 
                contracts;
                    (B) the process for state legislatures to elect 
                participation in the program on behalf of these 
                counties, which shall include--
                            (i) a formal resolution or legislative act 
                        by the state legislature authorizing the 
                        county's participation in the Heartland Visa 
                        Program;
                            (ii) the designation of a State-level 
                        agency or office to oversee and coordinate the 
                        implementation of the Heartland Visa Program 
                        within such county;
                            (iii) the establishment of a local advisory 
                        committee comprising community leaders, 
                        business representatives, and other 
                        stakeholders to provide input and support for 
                        the Heartland Visa Program; and
                            (iv) procedures for ongoing monitoring and 
                        reporting by the State legislature regarding 
                        the county's participation in, and outcomes of, 
                        the Heartland Visa Program;
            (5) ensure the fair and equitable treatment of all 
        applicants and participants in the Heartland Visa Program, 
        including--
                    (A) procedures to prevent discrimination based on 
                nationality, race, or other protected characteristics; 
                and
                    (B) mechanisms for addressing grievances and 
                disputes related to the Heartland Visa Program; and
            (6) require periodic reviews and evaluations of the 
        Heartland Visa Program, including--
                    (A) metrics for assessing the Heartland Visa 
                Program's impact on participating counties and visa 
                holders;
                    (B) procedures for collecting and reporting data 
                regarding the outcomes of the Heartland Visa Program; 
                and
                    (C) mechanisms for making adjustments to the 
                Heartland Visa Program based on the findings of such 
                reviews and evaluations.
                                 <all>
```