Red Card Guest Worker Act of 2024

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9978 Introduced in House (IH)]

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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 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Red Card Guest Worker 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 United States is completed, 
as determined by the Secretary 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 
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.

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.
    (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.

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 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.

SEC. 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.

SEC. 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.

SEC. 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).
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