HR5494-119

What This Bill Does

The Essential Workers for Economic Advancement Act creates a new H-2C temporary-worker pathway for nonagricultural employers. It amends the Immigration and Nationality Act so H-2C workers may come temporarily to perform services or labor for registered nonagricultural employers in registered positions. The new section 219A defines eligible employers, enduring job openings, full-employment areas with unemployment rates at or below 7.9 percent, and eligible occupations. Employers must apply to DHS, document that they operate in a full-employment area, show payroll-tax compliance, and avoid recent serious child-labor, minimum-wage, overtime, or OSHA violations. H-2C workers must report to initial employment within 14 days after admission, maintain contact with DHS at least every seven days before reporting, may be unemployed for no more than 45 consecutive days, may be present initially for up to 36 months, may renew for up to two additional consecutive periods, and face employment-authorization revocation and removal if they violate status terms. The first fiscal-year cap is 65,000 registered positions, with later caps adjusting based on demand.

Who Benefits and How

Nonagricultural employers in low-unemployment areas benefit because they can register hard-to-fill positions for H-2C workers. Small businesses with enduring job openings benefit from a new workforce channel when local jobs remain unfilled for months. H-2C nonimmigrant workers benefit from a temporary legal status tied to registered jobs and possible renewals. DHS workforce administrators benefit from clear registration, cap, unemployment, and status-compliance rules.

Who Bears the Burden and How

U.S. workers in eligible occupations may face more labor-market competition from temporary H-2C workers. Registered H-2C employers must document full-employment-area eligibility, payroll-tax compliance, and absence of serious labor violations. DHS immigration staff must run employer registration, job-position caps, worker contact rules, employment authorization, and removal triggers. Employers with recent labor violations are barred or delayed from registration.

Key Provisions

• Creates an H-2C nonimmigrant classification for registered nonagricultural employers and registered positions.
• Limits eligibility to full-employment areas and enduring job openings.
• Sets a first-year cap of 65,000 registered positions with later demand-based adjustments.
• Provides up to 36 months of initial presence, two renewals, 45-day unemployment limits, and removal for violations.
• Requires employer payroll-tax compliance and screens for serious labor-law violations.