Essential Workers for Economic Advancement Act
The Essential Workers for Economic Advancement Act creates a new H-2C nonimmigrant visa classification for temporary non-agricultural workers. This program would allow employers in "full employment areas" (counties or metro areas with unemployment rates at or below 7.9%) to hire foreign workers for positions in occupations requiring little to medium preparation (zones 1-3). Employers must register with the Department of Homeland Security, demonstrate recruitment efforts to find U.S. workers, and pay prevailing wages. H-2C workers could stay initially for up to 36 months with two possible renewals. The bill establishes detailed requirements for employer registration, position approval, worker eligibility, and enforcement mechanisms to protect both U.S. and foreign workers.
Key Points
- 1Creates H-2C visa category for temporary non-agricultural workers in occupations requiring little to medium preparation, excluding positions requiring bachelor's degrees or higher
- 2Limits program to full employment areas where unemployment is 7.9% or below, with employers required to demonstrate inability to find U.S. workers through mandatory recruitment activities
- 3Workers receive 36-month initial stays with possibility of two renewals; must report to work within 14 days of admission and cannot be unemployed for more than 45 consecutive days
- 4Employers must pay prevailing wages (greater of actual wage paid to similar employees or prevailing wage for the occupation) and cannot lay off U.S. workers 45 days before or after hiring H-2C workers
- 5Establishes enforcement mechanisms including employer ineligibility for violations of labor laws, mandatory background checks for workers, and penalties for non-compliance including removal proceedings