[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2758 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2758
To amend the Immigration and Nationality Act to make the exception for
returning workers permanent, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Higgins of Louisiana introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to make the exception for
returning workers permanent, 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 ``Returning Worker Accountability Act
of 2023''.
SEC. 2. RETURNING WORKER EXCEPTION MADE PERMANENT.
Section 214(g)(9) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(9)) is amended--
(1) in subparagraph (A), by striking ``who has already been
counted toward the numerical limitation of paragraph (1)(B)
during fiscal year 2019, 2020, or 2021 shall not again be
counted toward such limitation during fiscal year 2022'' and
inserting ``shall not be counted toward the numerical
limitation of paragraph (1)(B) for a fiscal year if that alien
has already been counted toward such limitation during any of
the 3 fiscal years immediately preceding that fiscal year and
shall satisfy the requirements under subparagraph (D)''; and
(2) by adding at the end the following:
``(D) The requirement under this subparagraph is as
follows:
``(i) An alien shall participate in the
biometric entry and exit system (as such term
is defined in section 7208(b) of the
Intelligence Reform and Terrorism Prevention
Act of 2004 (8 U.S.C. 1365b(b))). Any
information collected by reason of
participation in such system shall be shared
with the Biometric Identification Transnational
Migration Alert Program of US Immigration and
Customs Enforcement and the Office of Biometric
Identity Management of the Department of
Homeland Security.
``(ii) The information referred to in
clause (i) shall be used to investigate an
alien who has been counted toward the numerical
limitation of paragraph (1)(B) for a fiscal
year, and to determine if that alien has ever
used an alias while working or present in the
United States. If an alias is identified, that
alien shall be evaluated to determine if the
alien poses a national security threat, if the
alien has a criminal history, and if the alien
is inadmissible.''.
SEC. 3. ENHANCED VETTING.
The Secretary of Homeland Security shall use the biometric data to
vet named workers against supporting evidence (including copies of
passport, current and previous visas, entry documents) and identify any
aliases. If an alias is identified, the Secretary shall vet named
workers and aliases for potential national security threat, criminal
history, and inadmissibility. If the alien is found to violate the
factors, the alien shall not be banned from participating in the H-2B
program.
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