Red Card Guest Worker Act of 2024

Bill: 118-hr-9978
Sponsor: full_name: Rep. Lopez, Greg [R-CO-4]
Introduced: 2024-10-11
Policy area: Immigration
Latest action: action_date: 2024-12-17
text: Referred to the Subcommittee on Trade.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 9978 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 determined 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.

1. Short title This Act may be cited as the Red Card Guest Worker Act of 2024 . 2. Preconditions This Act shall not take effect until the construction of a physical border wall on the southern border of the United States is completed, as determined by the Secretary of Homeland Security. 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 section 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. 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. (b) Eligible participants To be eligible to participate 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 residence; and (2) pass a comprehensive background check, the parameters of which shall be determined by the Secretary of Homeland Security. (c) Private sector applications A foreign national 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 Security shall appoint a case officer to each foreign national to— (1) oversee the foreign national’s stay; (2) verify that the migrant is working; (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, residential address during their stay, name of employer, and any other information that the Secretary determines necessary; and (5) receive an immediate update on changes in employment or residential address. (g) Employer reporting An employer of a foreign national granted status under this section shall inform the case officer of the national of the employer terminating, or the national discontinuing, employment with the employer. (h) Cap levels The Secretary of Homeland Security 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. (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 program 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 program in reducing unlawful presence in the United States and fulfilling the various needs of the labor market. 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 national 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 Secretary determines poses a heightened risk to national security. (c) Status term Status granted to a foreign national 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 determinations 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 national granted status under section 4 who is convicted of a crime during the time during which status is granted shall be removed immediately after completing any term of imprisonment imposed. (h) Voting prohibited A foreign national granted status under section 4 is ineligible to vote in any local, State, or Federal election for public office. 6. Consequences for employer violations (a) Criminal offense Whoever, being an employer 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 compensation 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 violations of subsection (a) shall be barred from employing any foreign national admitted as a nonimmigrant under section 4. 7. Tax on remittances The Secretary of the Treasury shall implement a 10 percent tax on all remittances, not just those sent by foreign nationals granted status under section 4. 8. Foreign national defined In this Act, the term foreign national has the meaning given the term alien in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ).