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Essential Workers for Economic Advancement Act

USA119th CongressHR-5494| House 
| Updated: 9/18/2025
Lloyd Smucker

Lloyd Smucker

Republican Representative

Pennsylvania

Cosponsors (11)
Richard McCormick (Republican)Andy Harris (Republican)Donald G. Davis (Democratic)Thomas R. Suozzi (Democratic)Maria Elvira Salazar (Republican)Mike Kelly (Republican)Mike Kennedy (Republican)Henry Cuellar (Democratic)Mark E. Amodei (Republican)Juan Ciscomani (Republican)Monica De La Cruz (Republican)

Ways and Means Committee, Judiciary Committee, Oversight and Government Reform Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The "Essential Workers for Economic Advancement Act" introduces a new H-2C nonimmigrant visa classification within the Immigration and Nationality Act, specifically for non-agricultural workers. This program aims to address labor shortages by allowing "registered non-agricultural employers" to temporarily hire foreign workers for "registered positions" in areas designated as "full employment areas." It outlines a structured framework for both employers and foreign nationals seeking to participate. To qualify, employers must be registered, operate in counties or metropolitan statistical areas with an unemployment rate of 7.9 percent or less, and demonstrate robust efforts to recruit U.S. workers. This includes advertising positions on federal and state job boards for 30 days and conducting at least three additional recruiting activities. Employers must attest to paying prevailing wages and commit to not laying off U.S. workers within a specified period around the hiring of H-2C nonimmigrants. H-2C nonimmigrants must have a job offer from a registered employer, pass criminal and national security background checks, and attest to reporting to their initial employment within 14 days of admission. They are initially authorized for up to 36 months, with the possibility of two renewals, but must depart the U.S. if unemployed for more than 45 consecutive days. The bill includes significant worker protections, such as prohibiting treatment as independent contractors and offering whistleblower safeguards. The program establishes an initial cap of 65,000 registered positions for the first fiscal year, with subsequent years adjusting between 45,000 and 85,000 based on program utilization. Special allocations are available for employers in full employment areas, those paying a "scarcity recruitment fee," or small businesses undertaking enhanced recruitment efforts. Small businesses are reserved at least one-quarter of the allocated positions, with priority given to those in industries with comparatively low sales per employee that promote specific hiring and training programs. The legislation mandates an electronic monitoring system , modeled after SEVIS, to track H-2C nonimmigrants and requires registered employers to use E-Verify. It outlines a comprehensive complaint process for violations, with administrative and civil penalties for non-compliance, including fines and potential ineligibility for employers. A notable provision restricts dependent visas for spouses and children of H-2C nonimmigrants unless the spouse also secures a job offer from a registered employer. Finally, the bill requires a comprehensive study, to be conducted by the Census Bureau and other federal agencies, to assess the program's impact on various aspects of U.S. communities. This includes evaluating effects on infrastructure, quality of life, legal and illegal immigrant populations, U.S. worker employment and wages, housing, healthcare, criminal justice, and local tax revenues. A report on these findings is due to Congress within three years of the Act's enactment.
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Timeline

Bill from Previous Congress

HR 117-7239
Essential Workers for Economic Advancement Act

Bill from Previous Congress

HR 118-3734
Essential Workers for Economic Advancement Act
Sep 18, 2025
Introduced in House
Sep 18, 2025
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • Bill from Previous Congress

    HR 117-7239
    Essential Workers for Economic Advancement Act


  • Bill from Previous Congress

    HR 118-3734
    Essential Workers for Economic Advancement Act


  • September 18, 2025
    Introduced in House


  • September 18, 2025
    Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Immigration

Essential Workers for Economic Advancement Act

USA119th CongressHR-5494| House 
| Updated: 9/18/2025
The "Essential Workers for Economic Advancement Act" introduces a new H-2C nonimmigrant visa classification within the Immigration and Nationality Act, specifically for non-agricultural workers. This program aims to address labor shortages by allowing "registered non-agricultural employers" to temporarily hire foreign workers for "registered positions" in areas designated as "full employment areas." It outlines a structured framework for both employers and foreign nationals seeking to participate. To qualify, employers must be registered, operate in counties or metropolitan statistical areas with an unemployment rate of 7.9 percent or less, and demonstrate robust efforts to recruit U.S. workers. This includes advertising positions on federal and state job boards for 30 days and conducting at least three additional recruiting activities. Employers must attest to paying prevailing wages and commit to not laying off U.S. workers within a specified period around the hiring of H-2C nonimmigrants. H-2C nonimmigrants must have a job offer from a registered employer, pass criminal and national security background checks, and attest to reporting to their initial employment within 14 days of admission. They are initially authorized for up to 36 months, with the possibility of two renewals, but must depart the U.S. if unemployed for more than 45 consecutive days. The bill includes significant worker protections, such as prohibiting treatment as independent contractors and offering whistleblower safeguards. The program establishes an initial cap of 65,000 registered positions for the first fiscal year, with subsequent years adjusting between 45,000 and 85,000 based on program utilization. Special allocations are available for employers in full employment areas, those paying a "scarcity recruitment fee," or small businesses undertaking enhanced recruitment efforts. Small businesses are reserved at least one-quarter of the allocated positions, with priority given to those in industries with comparatively low sales per employee that promote specific hiring and training programs. The legislation mandates an electronic monitoring system , modeled after SEVIS, to track H-2C nonimmigrants and requires registered employers to use E-Verify. It outlines a comprehensive complaint process for violations, with administrative and civil penalties for non-compliance, including fines and potential ineligibility for employers. A notable provision restricts dependent visas for spouses and children of H-2C nonimmigrants unless the spouse also secures a job offer from a registered employer. Finally, the bill requires a comprehensive study, to be conducted by the Census Bureau and other federal agencies, to assess the program's impact on various aspects of U.S. communities. This includes evaluating effects on infrastructure, quality of life, legal and illegal immigrant populations, U.S. worker employment and wages, housing, healthcare, criminal justice, and local tax revenues. A report on these findings is due to Congress within three years of the Act's enactment.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 117-7239
Essential Workers for Economic Advancement Act

Bill from Previous Congress

HR 118-3734
Essential Workers for Economic Advancement Act
Sep 18, 2025
Introduced in House
Sep 18, 2025
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • Bill from Previous Congress

    HR 117-7239
    Essential Workers for Economic Advancement Act


  • Bill from Previous Congress

    HR 118-3734
    Essential Workers for Economic Advancement Act


  • September 18, 2025
    Introduced in House


  • September 18, 2025
    Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Lloyd Smucker

Lloyd Smucker

Republican Representative

Pennsylvania

Cosponsors (11)
Richard McCormick (Republican)Andy Harris (Republican)Donald G. Davis (Democratic)Thomas R. Suozzi (Democratic)Maria Elvira Salazar (Republican)Mike Kelly (Republican)Mike Kennedy (Republican)Henry Cuellar (Democratic)Mark E. Amodei (Republican)Juan Ciscomani (Republican)Monica De La Cruz (Republican)

Ways and Means Committee, Judiciary Committee, Oversight and Government Reform Committee

Immigration

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted