To enhance border security by creating a pilot SAFE Visa Program to grant visas to authorized nationals of a NAFTA or CAFTA-DR country who receive employment offers in job areas in the United States that have been certified by the Secretary of Labor as having a shortage of workers.

SA 4101. Mrs. HUTCHISON (for herself and Mr. Bond) submitted an
amendment intended to be proposed by her to the bill S. 2611, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

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

Subtitle C--Secure Authorized Foreign Employee Visa Program

SEC. 441. ADMISSION OF TEMPORARY GUEST WORKERS.

(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:

``SEC. 218I. SECURE AUTHORIZED FOREIGN EMPLOYEE (SAFE) VISA
PROGRAM.

``(a) Authorization.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of State shall,
subject to the numeric limits under subsection (i), award a
SAFE visa to each alien who is a national of a NAFTA or
CAFTA-DR country and who meets the requirements under
subsection (b), to perform services in the United States in
accordance with this section.
``(b) Requirements for Admission.--An alien is eligible for
a SAFE visa if the alien--
``(1) has a residence in a NAFTA or CAFTA-DR country, which
the alien has no intention of abandoning;
``(2) applies for an initial SAFE visa while in the alien's
country of nationality;
``(3) establishes that the alien has received a job offer
from an employer who has complied with the requirements under
subsection (c);
``(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;
``(5) passes all appropriate background checks, as
determined by the Secretary of Homeland Security;
``(6) submits a completed application, on a form designed
by the Secretary of Homeland Security; and
``(7) pays a visa issuance fee, in an amount determined by
the Secretary of State to be equal to not less than the cost
of processing and adjudicating such application.
``(c) Employer Responsibilities.--An employer seeking to
hire a national of a NAFTA or CAFTA-DR country under this
section shall--
``(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 foreign worker is sought;
``(2) submit to each foreign worker a written employment
offer that sets forth the rate of pay at a rate that is not
less than the greater of--
``(A) the prevailing wage for such occupational
classification in such geographic area; or
``(B) the applicable minimum wage in the State in which the
worker will be employed;
``(3) provide the foreign worker one-time transportation
from the country of origin to the place of employment and
from the place of employment to the country of origin, the
cost of which may be deducted from the worker's pay under an
employment agreement; and
``(4) withhold and remit appropriate payroll deductions to
the Internal Revenue Service.
``(d) Labor Certification.--Upon receiving a request from
an employer under subsection (c)(1), the Secretary of Labor
shall--
``(1) determine if there are sufficient United States
workers who are able, willing, qualified, and available to
fill the position in which the alien is, or will be employed,
based on the national unemployment rate and the number of
workers needed in the occupational classification and
geographic area for which the foreign worker is sought; and
``(2) if the Secretary determines under paragraph (1) that
there are insufficient United States workers, provide the
employer with labor shortage certification for the
occupational classification for which the worker is sought.
``(e) Period of Authorized Admission.--
``(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.
``(2) Renewal.--A SAFE visa may be renewed for additional
10-month work periods under the requirements described in
this section.
``(3) Visits outside united states.--Under regulations
established by the Secretary of Homeland Security, a SAFE
visa worker--

[[Page S4912]]

``(A) may travel outside of the United States; and
``(B) may be readmitted without having to obtain a new visa
if the period of authorized admission has not expired.
``(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.
``(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 the worker's country of origin.
``(6) Failure to comply.--If a SAFE visa worker fails to
comply with the terms of the SAFE visa, the worker will be
permanently ineligible for the SAFE visa program.
``(f) Evidence of Nonimmigrant Status.--Each SAFE visa
worker shall be issued a SAFE visa card, which--
``(1) shall be machine-readable, tamper-resistant, and
allow for biometric authentication;
``(2) shall be designed in consultation with the Forensic
Document Laboratory of the Bureau of Immigration and Customs
Enforcement; and
``(3) shall, during the alien's authorized period of
admission under subsection (e), serve as a valid entry
document for the purpose of entering the United States.
``(g) Social Services.--
``(1) In general.--SAFE visa workers are not eligible for
Federal, State, or local government-sponsored social
services.
``(2) Social security.--Upon request, a SAFE visa worker
shall receive the total employee portion of the Social
Security contributions withheld from the worker's pay. Any
worker who receives such contributions shall be permanently
ineligible to renew a SAFE visa under subsection (e)(2).
``(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.
``(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.
``(i) Numerical Limits.--
``(1) Annual limits.--Except as provided under paragraphs
(2) and (3), the number of SAFE visas authorized under this
section shall not exceed 200,000 per fiscal year.
``(2) Waiver.--The President may waive the limit under
paragraph (1) for a specific fiscal year by certifying that
additional foreign workers are needed in that fiscal year.
``(3) Incremental adjustments.--If the President certifies
that additional foreign workers are needed in a specific
year, the Secretary of State may increase the number of SAFE
visas available in that fiscal year by the number of
additional workers certified under paragraph (2).
``(4) Congressional oversight.--The President shall
transmit to Congress all certifications authorized in this
section.
``(5) Allocation of safe visas during a fiscal year.--Not
more than 50 percent of the total number of SAFE visas
available in each fiscal year may be allocated to aliens who
will enter the United States pursuant to such visa during the
first 6 months of such fiscal year.
``(j) Savings Provision.--Nothing in this section shall be
construed to affect any other visa program authorized by
Federal law.
``(k) Reporting Requirement.--Not later than 3 years after
the implementation of the SAFE visa program, the President
shall submit a detailed report to Congress on the status of
the program, including the number of visas issued and the
feasibility of expanding the program.
``(l) Definitions.--In this section:
``(1) NAFTA or cafta-dr country.--The term `NAFTA or CAFTA-
DR country' means any country (except for the United States)
that has signed the North American Free Trade Agreement or
the Central America-Dominican Republic-United States Free
Trade Agreement.
``(2) SAFE visa.--The term `SAFE visa' means a visa
authorized under this section.''.
(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:

``Sec. 218I. Secure Authorized Foreign Employee Visa Program.''.
______