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.
H.R. 5494 creates a new H-2C temporary visa category allowing employers in non-agricultural sectors to hire foreign workers for up to 36 months in areas where unemployment is 7.9% or lower and U.S. workers cannot be found. Employers must register (paying a $500 fee every three years), conduct extensive recruitment efforts for 30 days plus additional recruiting activities, pay workers competitively, and contribute a "scarcity recruitment fee" equal to 5% of annual worker compensation; those with convictions for human trafficking or serious labor violations within two years are permanently barred from participation. The program caps initial position approvals at 65,000 annually with automatic adjustments based on demand, reserves at least 25% of positions for small businesses, and allows workers to change employers after one year while restricting their access to federal tax credits and benefits. The bill establishes enforcement through civil penalties ($3,000–$25,000 for violations) and criminal penalties for non-compliance, requires electronic monitoring of workers modeled on existing visa tracking systems, and mandates a government study due within three years examining the program's effects on employment, wages, housing, healthcare, and public services.
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