HR9978-118

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 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. The website shall include a posting for any job that meets the following criteria: The job is in the private sector. The job has been advertised to United States citizens for not less than 60 days. 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 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. To be eligible to participate in the program established under this section, a foreign national shall be required to— apply while being physically present in the country of nationality or country of last habitual residence; and pass a comprehensive background check, the parameters of which shall be determined by the Secretary of Homeland Security. A foreign national who meets the eligibility criteria under subsection (b) may apply to jobs posted on the website established under section 3. If hired, a foreign national shall enter the United States at a port of entry. 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. The Secretary of Homeland Security shall appoint a case officer to each foreign national to— oversee the foreign national’s stay; verify that the migrant is working; keep track of the physical location of the foreign national by having a current address on file; 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 receive an immediate update on changes in employment or residential address. 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. The Secretary of Homeland Security shall grant status to foreign nationals at the following levels: In the first year, not more than 50,000 may be granted status under this section. In the second year, not more than 75,000 may be granted status under this section. In the third year, not more than 125,000 may be granted status under this section. In the fourth year, not more than 125,000 may be granted status under this section. In the fifth year, not more than 125,000 may be granted status under this section. This program shall cease to be in effect 5 years after the date of enactment of this Act. 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 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. 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. Status granted to a foreign national under section 4 shall be valid for 2 years after the date on which such status was granted. After 2 years, the foreign national may apply for renewal for a second term of 2 years. At the end of the second term of 2 years, the foreign national may apply for a final term of 1 year. 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. Any renewal of status granted under this section shall not count against the cap under section 4(i). 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. A foreign national granted status under section 4 is ineligible to vote in any local, State, or Federal election for public office.

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).