I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Returning Worker Ac-
countability Act of 2023’’. 
SEC. 2. RETURNING WORKER EXCEPTION MADE PERMA-
NENT. 
Section 214(g)(9) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)(9)) is amended— 
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(1) in subparagraph (A), by striking ‘‘who has 
already been counted toward the numerical limita-
tion of paragraph (1)(B) during fiscal year 2019, 
2020, or 2021 shall not again be counted toward 
such limitation during fiscal year 2022’’ and insert-
ing ‘‘shall not be counted toward the numerical limi-
tation of paragraph (1)(B) for a fiscal year if that 
alien has already been counted toward such limita-
tion during any of the 3 fiscal years immediately 
preceding that fiscal year and shall satisfy the re-
quirements under subparagraph (D)’’; and 
(2) by adding at the end the following: 
‘‘(D) The requirement under this subpara-
graph 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 Preven-
tion Act of 2004 (8 U.S.C. 1365b(b))). 
Any information collected by reason of par-
ticipation in such system shall be shared 
with 
the 
Biometric 
Identification 
Transnational Migration Alert Program of 
US Immigration and Customs Enforce-
ment and the Office of Biometric Identity 
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Management of the Department of Home-
land Security. 
‘‘(ii) The information referred to in 
clause (i) shall be used to investigate an 
alien who has been counted toward the nu-
merical 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 se-
curity 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 bi-
ometric data to vet named workers against supporting evi-
dence (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 partici-
pating in the H–2B program. 
Æ 
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