H.R. 3734: Essential Workers for Economic Advancement Act

Essential Workers for Economic Advancement Act

This bill establishes a new nonimmigrant visa for temporary nonagricultural workers (H-2C visa) to fill jobs that have remained open for a certain amount of time and are located in an area where the unemployment rate is 7.9% or less. This visa shall only be available for certain occupations, and those requiring a bachelor's degree or higher level of education shall not be eligible.

The bill imposes various requirements related to H-2C positions, such as requiring that the employer make certain efforts to recruit a U.S. worker beforehand. The employer must register the opening before filling it with an H-2C worker, and the Department of Homeland Security (DHS) shall maintain a publicly available registry of registered positions.

For the first fiscal year after the bill's enactment, no more than 65,000 positions may be registered. For subsequent fiscal years, the number shall be increased or decreased depending on how many positions were registered the previous year and how quickly the allotment was filled. A certain number of allocations shall be reserved for small businesses.

An employer seeking to hire H-2C workers shall register with DHS and provide documentation establishing that the employer meets various qualifications. An employer may become ineligible for registration for certain actions, such as having been penalized for a pattern of willful violation of wage and hour laws.

H-2C workers shall not be entitled to certain federal public benefits.

The Bureau of the Census shall report to Congress on the impact of the H-2C program.