An Act To Facilitate Entry of Immigrants into the Workforce
Maine Legislature, Session 129, LD 1685
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: CLOUTIER, LIBBY, BRENNAN, DAUGHTRY, FECTEAU, HANDY, HARNETT, PERRY, SYLVESTER, TEPLER

Legislative Document
No. 1685
H.P. 1209
House of Representatives, May 7, 2019
An Act To Facilitate Entry of Immigrants into the Workforce
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CLOUTIER of Lewiston.
Cosponsored by Senator LIBBY of Androscoggin and
Representatives: BRENNAN of Portland, DAUGHTRY of Brunswick, FECTEAU of 
Biddeford, HANDY of Lewiston, HARNETT of Gardiner, PERRY of Bangor, SYLVESTER 
of Portland, TEPLER of Topsham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA c. 110, sub-c. 13 is enacted to read:
SUBCHAPTER 13
FOREIGN CREDENTIALING AND SKILLS RECOGNITION 
REVOLVING LOAN PROGRAM
§1100-AA.  Foreign Credentialing and Skills Recognition Revolving Loan Program
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Eligible costs" means the following costs incurred by an immigrant prior to the 
immigrant's obtaining a work permit and incurred for the purpose of improving the 
immigrant's work-readiness once the immigrant obtains a work permit:
(1)  Costs of translating into English any diplomas, transcripts or other 
documents establishing courses studied or the completion of secondary school or 
of higher education at either the undergraduate or graduate level;
(2)  Fees related to education evaluations establishing the equivalency level of 
education or experience attained abroad;
(3)  Costs of translation into English of documents related to professional licenses 
or registrations obtained abroad;
(4)  Costs of translation into English of letters of reference or recommendations 
related to education or experience obtained abroad;
(5)  Fees related to test preparation courses or registration fees for a standard test 
of English as a foreign language or other standardized test recognized worldwide 
that measures English language proficiency, when necessary for an immigrant's 
work;
(6)  Expenses for employment or professional applications, certifications, 
licensing fees and related requirements for seeking employment, including but 
not limited to fingerprinting and required tests;
(7)  Fees related to obtaining a Maine driver's license, including but not limited to 
driver's education course fees, learner's permit application fees and driver's 
license fees; and
(8)  Costs to travel to the nearest location of any exam or test needed to establish 
the applicant's skills or credentials or English language proficiency if there is no 
location within 60 miles of the Maine town in which the immigrant resides.
B.  "Fund" means the Foreign Credentialing and Skills Recognition Revolving Loan 
Program Fund, established in subsection 3.
C.  "Immigrant" means a person who:
(1)  Is not a United States citizen;
(2)  Has filed applications or petitions with the United States Citizenship and 
Immigration Services or with the immigration courts of the United States 
Department of Justice, Executive Office for Immigration Review or with any 
successor federal immigration authority entitling the person to request a work 
permit while the person's applications or petitions are pending; and
(3)  Has received education, work experience or work training, or any 
combination, in a foreign country.
D.  "Program" means the Foreign Credentialing and Skills Recognition Revolving 
Loan Program, established in subsection 2.
E.  "Work permit" means a federal authorization of a person who is not a United 
States citizen to work in the United States.
2.  Program established.  The Foreign Credentialing and Skills Recognition 
Revolving Loan Program is established to provide financial assistance to immigrants who 
need assistance in paying for eligible costs. 
3.  Fund established.  The Foreign Credentialing and Skills Recognition Revolving 
Loan Program Fund is established as a nonlapsing revolving fund to be administered by 
the authority.  All amounts appropriated to the program must be deposited into the fund 
as well as all amounts repaid to the program by persons receiving loans under the 
program.  Amounts in the fund must be used by the authority for purposes authorized in 
this section.
4.  Eligible applicants.  To be eligible to receive assistance from the fund an 
immigrant:
A.  Shall apply to the authority to participate in the program.  The application may be 
filed directly by the immigrant or, at the request of and on behalf of the immigrant, 
by an adult education program of a school administrative unit that provides English 
as a second language, job skills or other instruction or assistance to improve the work 
readiness of the immigrant;
B.  Must have filed an application or petition with federal immigration authorities 
that entitles the immigrant to request a work permit in any of the categories set forth 
in 8 Code of Federal Regulations, Section 274a.12(c)(2019).  The immigrant shall 
provide electronic or paper evidence establishing that the application or petition was 
filed with federal immigration authorities and shall state which section of 8 Code of 
Federal Regulations, Section 274a.12(c)(2019) allows the immigrant to request a 
work permit.  An immigrant is not eligible if the immigrant has been denied a work 
permit at the time of making the application.  In the case of asylum seekers, an 
immigrant is eligible if the immigrant's request for asylum has been pending for 
fewer than 150 days since the date of its filing and the immigrant has not yet been 
able to apply for a work permit pursuant to 8 Code of Federal Regulations, Section 
274a.12(c)(8)(2019) or, if more than 150 days have elapsed since the asylum 
application was filed, the immigrant has applied for, but has not received, a denial of 
the work permit application at the time of making the application to the program; and
C.  Shall submit evidence of incurring or needing to incur eligible costs.
5.  Disbursement from the fund.  Upon approval of an immigrant, the authority 
shall determine the amount to be disbursed from the fund to the immigrant.  Funds must 
be disbursed directly to and used by the immigrant pursuant to a contract entered into 
between the immigrant and the authority in accordance with subsection 6.  Funds must be 
disbursed by the authority in one lump sum in the form of an interest-free loan.  An 
immigrant may not receive more than the maximum amount established by the authority, 
regardless of whether the immigrant submits one or multiple applications to the fund. 
6.  Treatment of loans.  Amounts loaned to an individual under the program are not 
income for purposes of any municipal general assistance program as defined by Title 22, 
section 4301, subsection 7.
7.  Contract.  An individual who has been approved for participation in the program 
shall enter into a contract with the authority.  The contract governs the administration of 
the program and the use of funds.  The contract must include the following terms and 
conditions: 
A.  Agreement by the individual that the individual will use the funds only to pay for 
eligible costs;
B.  Agreement by the individual to repay the loan in compliance with the terms and 
conditions established by the authority;
C.  Agreement by the individual to retain copies of receipts for expenditures on 
eligible costs incurred and provide these to the authority upon request for auditing or 
reporting purposes;
D.  A provision that, if the individual breaches the contract with the authority, the 
authority may require immediate repayment of the loan to the authority; and
E.  Any other terms and conditions the authority determines appropriate.
8.  Administrative costs.  The authority may charge the fund reasonable 
administrative fees, not to exceed 5%, for its administration of the fund.
9.  Financing terms and conditions.  Loans under the program must conform to the 
following requirements.
A.  A loan to any individual for eligible costs may not exceed $700, but this limit 
may be adjusted upward at least biannually by the authority to reflect inflation or cost 
of living or other necessary adjustments;
B.  Loans are not subject to interest;
C.  Loans must be repaid in full by an individual within 18 months of disbursement 
by the authority, together with any reasonable administrative fee established by the 
authority not to exceed 5% of the total of the loan funds disbursed to the individual, 
except that:
(1)  In any case of demonstrable hardship, the authority may allow extensions of 
time for repayment or other flexibility in repayment terms; and
(2) Repayment of a loan may not be required until at least 60 days after the 
recipient of the loan has obtained a work permit, except that, if the recipient of 
the loan has obtained a work permit but has not obtained employment, repayment 
may not be required until at least 30 days after the recipient has obtained 
employment as long as the recipient is in compliance with the provisions of Title 
22, section 4316-A.
10.  Rules.  The authority shall adopt rules to carry out the purposes of this chapter.  
Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, 
chapter 375, subchapter 2-A.
Sec. 2.  Appropriations and allocations.  The following appropriations and 
allocations are made.
FINANCE AUTHORITY OF MAINE
Foreign Credentialing and Skills Recognition Revolving Loan Program  Fund
Initiative:  Provides ongoing appropriations to the Foreign Credentialing and Skills 
Recognition Revolving Loan Program.
SUMMARY
This bill establishes and provides funding for the Foreign Credentialing and Skills 
Recognition Revolving Loan Program to be administered by the Finance Authority of 
Maine. Under the program, the authority may provide interest-free loans to foreign-
educated or foreign-trained, experienced immigrants who need assistance while awaiting 
federal employment authorization to pay the costs of certain actions and activities that 
will improve their work-readiness once they receive their work permits.
GENERAL FUND
2019-20
2020-21
All Other
$75,000
$75,000
GENERAL FUND TOTAL
$75,000
$75,000