I 
118TH CONGRESS 
1ST SESSION 
H. R. 319 
To amend the Immigration and Nationality Act to make mandatory and 
permanent requirements relating to use of an electronic employment 
eligibility verification system, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 12, 2023 
Mr. CALVERT (for himself, Mr. MCCLINTOCK, Mr. DUNCAN, Mr. NEHLS, Mr. 
SMITH of New Jersey, Mrs. LESKO, and Mr. WOMACK) introduced the 
following bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Ways and Means, and Education and 
the Workforce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to make 
mandatory and permanent requirements relating to use 
of an electronic employment eligibility verification sys-
tem, 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 ‘‘Legal Workforce Act’’. 
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SEC. 2. EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS. 
(a) IN GENERAL.—Section 274A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 
to read as follows: 
‘‘(b) 
EMPLOYMENT
ELIGIBILITY
VERIFICATION 
PROCESS.— 
‘‘(1) NEW HIRES, RECRUITMENT, AND REFER-
RAL.—The requirements referred to in paragraphs 
(1)(B) and (3) of subsection (a) are, in the case of 
a person or other entity hiring, recruiting, or refer-
ring an individual for employment in the United 
States, the following: 
‘‘(A) ATTESTATION
AFTER
EXAMINATION 
OF DOCUMENTATION.— 
‘‘(i) 
ATTESTATION.—During 
the 
verification period (as defined in subpara-
graph (E)), the person or entity shall at-
test, under penalty of perjury and on a 
form, including electronic and telephonic 
formats, designated or established by the 
Secretary by regulation not later than 6 
months after the date of the enactment of 
the Legal Workforce Act, that it has 
verified that the individual is not an unau-
thorized alien by— 
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‘‘(I) obtaining from the indi-
vidual the individual’s social security 
account number or United States 
passport number and recording the 
number on the form (if the individual 
claims to have been issued such a 
number), and, if the individual does 
not attest to United States nationality 
under subparagraph (B), obtaining 
such identification or authorization 
number established by the Depart-
ment of Homeland Security for the 
alien as the Secretary of Homeland 
Security may specify, and recording 
such number on the form; and 
‘‘(II) examining— 
‘‘(aa) a document relating to 
the individual presenting it de-
scribed in clause (ii); or 
‘‘(bb) a document relating to 
the individual presenting it de-
scribed in clause (iii) and a docu-
ment relating to the individual 
presenting it described in clause 
(iv). 
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‘‘(ii) DOCUMENTS
EVIDENCING
EM-
PLOYMENT
AUTHORIZATION
AND
ESTAB-
LISHING
IDENTITY.—A 
document 
de-
scribed in this subparagraph is an individ-
ual’s— 
‘‘(I) unexpired United States 
passport or passport card; 
‘‘(II) unexpired permanent resi-
dent card that contains a photograph; 
‘‘(III) unexpired employment au-
thorization card that contains a pho-
tograph; 
‘‘(IV) in the case of a non-
immigrant alien authorized to work 
for a specific employer incident to sta-
tus, a foreign passport with Form I– 
94 or Form I–94A, or other docu-
mentation as designated by the Sec-
retary specifying the alien’s non-
immigrant status as long as the pe-
riod of status has not yet expired and 
the proposed employment is not in 
conflict with any restrictions or limita-
tions identified in the documentation; 
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‘‘(V) passport from the Fed-
erated States of Micronesia (FSM) or 
the Republic of the Marshall Islands 
(RMI) with Form I–94 or Form I– 
94A, or other documentation as des-
ignated by the Secretary, indicating 
nonimmigrant admission under the 
Compact of Free Association Between 
the United States and the FSM or 
RMI; or 
‘‘(VI) other document designated 
by the Secretary of Homeland Secu-
rity, if the document— 
‘‘(aa) contains a photograph 
of the individual and biometric 
identification data from the indi-
vidual and such other personal 
identifying information relating 
to the individual as the Secretary 
of Homeland Security finds, by 
regulation, sufficient for purposes 
of this clause; 
‘‘(bb) is evidence of author-
ization of employment in the 
United States; and 
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‘‘(cc) contains security fea-
tures to make it resistant to tam-
pering, counterfeiting, and fraud-
ulent use. 
‘‘(iii) DOCUMENTS
EVIDENCING
EM-
PLOYMENT AUTHORIZATION.—A document 
described in this subparagraph is an indi-
vidual’s social security account number 
card (other than such a card which speci-
fies on the face that the issuance of the 
card does not authorize employment in the 
United States). 
‘‘(iv) 
DOCUMENTS
ESTABLISHING 
IDENTITY
OF
INDIVIDUAL.—A document 
described in this subparagraph is— 
‘‘(I) an individual’s unexpired 
State issued driver’s license or identi-
fication card if it contains a photo-
graph and information such as name, 
date of birth, gender, height, eye 
color, and address; 
‘‘(II) an individual’s unexpired 
U.S. military identification card; 
‘‘(III) an individual’s unexpired 
Native American tribal identification 
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document issued by a tribal entity rec-
ognized by the Bureau of Indian Af-
fairs; or 
‘‘(IV) in the case of an individual 
under 18 years of age, a parent or 
legal guardian’s attestation under 
penalty of law as to the identity and 
age of the individual. 
‘‘(v) AUTHORITY TO PROHIBIT USE OF 
CERTAIN DOCUMENTS.—If the Secretary of 
Homeland Security finds, by regulation, 
that any document described in clause (i), 
(ii), or (iii) as establishing employment au-
thorization or identity does not reliably es-
tablish such authorization or identity or is 
being used fraudulently to an unacceptable 
degree, the Secretary may prohibit or place 
conditions on its use for purposes of this 
paragraph. 
‘‘(vi) SIGNATURE.—Such attestation 
may be manifested by either a handwritten 
or electronic signature. 
‘‘(B) INDIVIDUAL
ATTESTATION
OF
EM-
PLOYMENT AUTHORIZATION.—During the veri-
fication period (as defined in subparagraph 
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