Returning Worker Accountability Act of 2023

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2758 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2758

To amend the Immigration and Nationality Act to make the exception for 
          returning workers permanent, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2023

   Mr. Higgins of Louisiana introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to make the exception for 
          returning workers permanent, 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 ``Returning Worker Accountability Act 
of 2023''.

SEC. 2. RETURNING WORKER EXCEPTION MADE PERMANENT.

    Section 214(g)(9) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(9)) is amended--
            (1) in subparagraph (A), by striking ``who has already been 
        counted toward the numerical limitation of paragraph (1)(B) 
        during fiscal year 2019, 2020, or 2021 shall not again be 
        counted toward such limitation during fiscal year 2022'' and 
        inserting ``shall not be counted toward the numerical 
        limitation of paragraph (1)(B) for a fiscal year if that alien 
        has already been counted toward such limitation during any of 
        the 3 fiscal years immediately preceding that fiscal year and 
        shall satisfy the requirements under subparagraph (D)''; and
            (2) by adding at the end the following:
                    ``(D) The requirement under this subparagraph is as 
                follows:
                            ``(i) An alien shall participate in the 
                        biometric entry and exit system (as such term 
                        is defined in section 7208(b) of the 
                        Intelligence Reform and Terrorism Prevention 
                        Act of 2004 (8 U.S.C. 1365b(b))). Any 
                        information collected by reason of 
                        participation in such system shall be shared 
                        with the Biometric Identification Transnational 
                        Migration Alert Program of US Immigration and 
                        Customs Enforcement and the Office of Biometric 
                        Identity Management of the Department of 
                        Homeland Security.
                            ``(ii) The information referred to in 
                        clause (i) shall be used to investigate an 
                        alien who has been counted toward the numerical 
                        limitation of paragraph (1)(B) for a fiscal 
                        year, and to determine if that alien has ever 
                        used an alias while working or present in the 
                        United States. If an alias is identified, that 
                        alien shall be evaluated to determine if the 
                        alien poses a national security threat, if the 
                        alien has a criminal history, and if the alien 
                        is inadmissible.''.

SEC. 3. ENHANCED VETTING.

    The Secretary of Homeland Security shall use the biometric data to 
vet named workers against supporting evidence (including copies of 
passport, current and previous visas, entry documents) and identify any 
aliases. If an alias is identified, the Secretary shall vet named 
workers and aliases for potential national security threat, criminal 
history, and inadmissibility. If the alien is found to violate the 
factors, the alien shall not be banned from participating in the H-2B 
program.
                                 &lt;all&gt;
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