S.Amdt. 4046

1. Adds Subtitle A--Secure Authorized Foreign Employee (SAFE) Visa Program SEC. 441. ADMISSION OF SAFE VISA WORKERS on page 313, line 22

   Adds a sectionPrinted page

   Inserted: Subtitle A--Secure Authorized Foreign Employee (SAFE) Visa Program SEC. 441. ADMISSION OF SAFE VISA WORKERS.

   Inserted: (a) In General.-- Chapter 2 of title II (8 U.S.C. 1181 et seq.), as amended by this title and title VI, is further amended by inserting after section 218 the following:

   Inserted: SEC. 2181. SECURE AUTHORIZED FOREIGN EMPLOYEE (SAFE) VISA PROGRAM.

   Inserted: "(a) Authorization.--Not later than twelve months after the date of enactment of this Act, the Secretary of State shall grant a SAFE visa to a national of a NAFTA or CAFTA-DR nation who meets the requirements under subsection (b) to perform services in the United States in accordance with this section.

   Inserted: "(b) Requirements for Admission.--An alien is eligible for a SAFE visa if the alien--

   Inserted: "(1) has a residence in a NAFTA or CAFTA-DR nation which the alien has no intention of abandoning;

   Inserted: "(2) applies for an initial SAFE visa from their home country;

   Inserted: "(3) establishes that the alien has received a job offer from an employer who has complied with the requirements under subsection (c);

   Inserted: "(4) undergoes a medical examination (including a determination of immunization status), at the alien's expense, that conforms to generally accepted standards of medical practice;

   Inserted: "(5) passes all appropriate background checks;

   Inserted: "(6) submits a completed application, on a form designed by the Secretary of Homeland Security; and

   Inserted: "(7) pays a visa issuance fee, as determined by the Secretary of State, in an amount equal to not less than the cost of processing and adjudicating such application.

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   Inserted: "(c) Employer Responsibilities.--An employer seeking to hire a national of a NAFTA or CAFTA-DR nation under this section shall--

   Inserted: "(1) submit a request to the Secretary of Labor for a certification under subsection (d) that there is a shortage of workers in the occupational classification and geographic area for which the worker is sought;

   Inserted: "(2) submit to each worker a written employment offer that sets forth the rate of pay at a rate that is not less than the greater of--

   Inserted: "(A) the prevailing wage for such occupational classification in such geographic area; or

   Inserted: "(B) the applicable minimum wage in the State in which the worker will be employed;

   Inserted: "(3) provide the workers with necessary transportation, housing, and meal costs, which may be deducted from the worker's pay under an employment agreement; and

   Inserted: "(4) withhold and remit appropriate payroll deductions to the Internal Revenue Service.

   Inserted: "(d) Labor Certification.--Upon receiving a request from an employer under subsection (c)(1), the Secretary of Labor shall provide the employer with labor shortage certification for the occupational classification for which the worker is sought if the Secretary of Labor determines the existence of such shortage, based on the national unemployment rate and the number of workers needed in the occupational classification and geographic area for which the worker is sought.

   Inserted: "(e) Period of Authorized Admission.--

   Inserted: "(1) Duration.--A SAFE visa worker may remain in the United States for not longer than 10 months during the 12 month period for which the visa is issued.

   Inserted: "(2) Renewal.--A SAFE visa may be renewed for additional 10-month work periods under the same terms and conditions as the original issuance.

   Inserted: "(3) Visits outside united states.--Under regulations established by the Secretary of Homeland Security, a SAFE visa worker--

   Inserted: "(A) may travel outside of the United States; and

   Inserted: "(B) may be readmitted without having to obtain a new visa if the period of authorized admission has not expired.

   Inserted: "(4) Loss of employment.--The period of authorized admission under this section shall terminate if the SAFE visa worker is unemployed for 60 or more consecutive days. Any SAFE visa worker whose period of authorized admission terminates under this paragraph shall be required to leave the United States. Failure to comply with the terms of the SAFE visa will result in permanent ineligibility for the program.

   Inserted: "(5) Return to country of origin.--A SAFE visa worker may not apply for lawful permanent residence or any other visa category until the worker has relinquished the SAFE visa and returned to their country of origin.

   Inserted: "(f) Evidence of Nonimmigrant Status.--Each SAFE visa worker shall be issued a SAFE visa card, which--

   Inserted: "(1) shall be machine-readable, tamper-resistant, and allow for biometric authentication;

   Inserted: "(2) shall be designed in consultation with the Forensic Document Laboratory of the Bureau of Immigration and Customs Enforcement; and

   Inserted: "(3) shall, during the alien's authorized period of admission under subsection (e), serve as a valid document for the purpose of physically entering the United States.

   Inserted: "(g) Social Services.--

   Inserted: "(1) In general.--SAFE visa workers are not eligible for Federal, State, or local government-sponsored social services.

   Inserted: "(2) Social security.--SAFE visa workers are eligible to receive the employee portion of the social security contributions withheld from their pay not earlier than the date on which the worker permanently leaves the SAFE visa program.

   Inserted: "(3) Medicare.--Amounts withheld from the SAFE visa workers pay for Medicare contributions shall be used to pay for uncompensated emergency health care provided to noncitizens.

   Inserted: "(h) Permanent Residence; Citizenship.--Nothing in this section shall be construed to provide a SAFE visa worker with eligibility to apply for legal permanent residence or a path towards United States citizenship.".

   Inserted: (b) Clerical Amendment.--The table of contents (8 U.S.C. 1101) is amended by inserting after the item relating to section 218H, as added by section 615, the following:

   Inserted: "Sec. 2181. Secure Authorized Foreign Employee (SAFE) Visa Program.".

   Original wording

   On page 313, after line 22, add the following:

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As printed