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 de-
termined 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. 
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 ‘‘Red Card Guest Work-
er Act of 2024’’. 
SEC. 2. PRECONDITIONS. 
This Act shall not take effect until the construction 
of a physical border wall on the southern border of the 
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United States is completed, as determined by the Sec-
retary of Homeland Security. 
SEC. 3. RED CARD WEBSITE. 
(a) WEBSITE ESTABLISHMENT.—Not later than 275 
days after the date of enactment of this Act, the Secretary 
of Labor, in conjunction with the Secretary of Homeland 
Security, shall establish a website for job postings for any 
foreign national admitted as a nonimmigrant under sec-
tion 4 that is operable, navigable by users, and secure. 
(b) JOB POSTINGS.—The website shall include a 
posting for any job that meets the following criteria: 
(1) The job is in the private sector. 
(2) The job has been advertised to United 
States citizens for not less than 60 days. 
(3) The rate of compensation for the job is 
greater than or equal to that which would be paid 
to a United States citizen for the same job. 
SEC. 4. RED CARD PILOT PROGRAM. 
(a) ESTABLISHMENT.—Beginning in the first fiscal 
year after the date of enactment of this Act, the Secretary 
of Labor, in conjunction with the Secretary of Homeland 
Security, shall establish a program to grant nonimmigrant 
status to foreign nationals who may use such status to 
engage in temporary employment with a United States 
employer. 
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(b) ELIGIBLE PARTICIPANTS.—To be eligible to par-
ticipate in the program established under this section, a 
foreign national shall be required to— 
(1) apply while being physically present in the 
country of nationality or country of last habitual res-
idence; and 
(2) pass a comprehensive background check, the 
parameters of which shall be determined by the Sec-
retary of Homeland Security. 
(c) PRIVATE SECTOR APPLICATIONS.—A foreign na-
tional who meets the eligibility criteria under subsection 
(b) may apply to jobs posted on the website established 
under section 3. 
(d) HIRED FOREIGN NATIONAL.—If hired, a foreign 
national shall enter the United States at a port of entry. 
(e) RATE OF COMPENSATION.—The rate at which a 
foreign national is compensated for the job shall be equal 
to or greater than that which would have been paid to 
a United States citizen for the same job. 
(f) CASE OFFICER.—The Secretary of Homeland Se-
curity shall appoint a case officer to each foreign national 
to— 
(1) oversee the foreign national’s stay; 
(2) verify that the migrant is working; 
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(3) keep track of the physical location of the 
foreign national by having a current address on file; 
(4) receive an annual update from the foreign 
national on the status of their employment, residen-
tial address during their stay, name of employer, 
and any other information that the Secretary deter-
mines necessary; and 
(5) receive an immediate update on changes in 
employment or residential address. 
(g) EMPLOYER REPORTING.—An employer of a for-
eign national granted status under this section shall in-
form the case officer of the national of the employer termi-
nating, or the national discontinuing, employment with the 
employer. 
(h) CAP LEVELS.—The Secretary of Homeland Secu-
rity shall grant status to foreign nationals at the following 
levels: 
(1) In the first year, not more than 50,000 may 
be granted status under this section. 
(2) In the second year, not more than 75,000 
may be granted status under this section. 
(3) In the third year, not more than 125,000 
may be granted status under this section. 
(4) In the fourth year, not more than 125,000 
may be granted status under this section. 
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(5) In the fifth year, not more than 125,000 
may be granted status under this section. 
(i) SUNSET.—This program shall cease to be in effect 
5 years after the date of enactment of this Act. 
(j) REPORT.—Prior to the date on which this pro-
gram ceases to be in effect, the Secretary of Labor, in 
conjunction with the Secretary of Homeland Security, 
shall issue a report to Congress on the efficacy of the pro-
gram in reducing unlawful presence in the United States 
and fulfilling the various needs of the labor market. 
SEC. 5. LIMITATIONS ON PARTICIPANTS. 
(a) LOSS OF EMPLOYMENT.—If at any time a foreign 
national granted status under section 4 is out of work for 
any reason, the foreign national shall immediately report 
to the foreign national’s case officer and shall have 30 
days to commence other employment. If the foreign na-
tional is unsuccessful in the effort to find employment, the 
Secretary of Homeland Security shall remove the foreign 
national from the United States immediately. 
(b) NATIONAL SECURITY RISK.—The Secretary of 
Homeland Security may make ineligible for status under 
section 4 any foreign national of a country who the Sec-
retary determines poses a heightened risk to national secu-
rity. 
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(c) STATUS TERM.—Status granted to a foreign na-
tional under section 4 shall be valid for 2 years after the 
date on which such status was granted. 
(d) RENEWAL.— 
(1) SECOND TERM.—After 2 years, the foreign 
national may apply for renewal for a second term of 
2 years. 
(2) FINAL TERM.—At the end of the second 
term of 2 years, the foreign national may apply for 
a final term of 1 year. 
(e) RENEWAL DETERMINATIONS.—The Secretary of 
Homeland Security shall have exclusive authority to make 
determinations with respect to granting and renewal of 
status. The Secretary shall consult with the case officer 
and employer of the foreign national before making deter-
minations with respect to renewal of status. Any foreign 
national who fails to make a timely request for renewal 
or whose request for renewal is denied shall be removed 
from the United States immediately. 
(f) NO EFFECT ON CAP.—Any renewal of status 
granted under this section shall not count against the cap 
under section 4(i). 
(g) CONVICTION FOR AN OFFENSE.—A foreign na-
tional granted status under section 4 who is convicted of 
a crime during the time during which status is granted 
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shall be removed immediately after completing any term 
of imprisonment imposed. 
(h) VOTING PROHIBITED.—A foreign national grant-
ed status under section 4 is ineligible to vote in any local, 
State, or Federal election for public office. 
SEC. 6. CONSEQUENCES FOR EMPLOYER VIOLATIONS. 
(a) CRIMINAL OFFENSE.—Whoever, being an em-
ployer of a foreign national admitted as a nonimmigrant 
under section 4, knowingly advertises a job for less than 
the required 60-day period before posting the job on the 
website established under section 3, offers a rate of com-
pensation that is lower than that which would be paid to 
a United States citizen for the same job, fails to meet 
labor standards with respect to such foreign national, or 
does not report that such foreign national has failed to 
report to work without explanation for a period of 3 days, 
shall be fined not more than $50,000 for each violation. 
(b) BARRED FROM PARTICIPATION.—Any employer 
of a foreign national who is convicted of more than 3 viola-
tions of subsection (a) shall be barred from employing any 
foreign national admitted as a nonimmigrant under sec-
tion 4. 
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SEC. 7. TAX ON REMITTANCES. 
The Secretary of the Treasury shall implement a 10 
percent tax on all remittances, not just those sent by for-
eign nationals granted status under section 4. 
SEC. 8. FOREIGN NATIONAL DEFINED. 
In this Act, the term ‘‘foreign national’’ has the 
meaning given the term ‘‘alien’’ in section 101 of the Im-
migration and Nationality Act (8 U.S.C. 1101). 
Æ 
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