Proposed "Guest Worker" Legislation

Proposed "Guest Worker" Legislation
July 25, 2003
John Cornyn, a Republican Senator from the State of Texas, recently introduced a bill in the U.S. Senate to allow "guest workers" from certain countries to enter the U.S., gain employment authorization for a period ranging from 1 to 3 years, and ultimately have a chance at lawful permanent residence following a 3 year period of service. At this point, this measure is only a proposal, and has yet to be debated or voted upon. However, the fact of its introduction is continuing evidence that politicians on a national level recognize the ever growing need to legally fill jobs in the U.S. that no U.S. workers are inclined to fill, and to provide legal status and a decent standard of living for those eager to fill those positions.

Highlights of the bill are as follows:

1. Applicants must be citizens of a country with whom the U.S. has entered into a formal guest worker agreement, an agreement that would incorporate standards of enrollment such as arrangements for health care to be provided through the applicant's home country, and mechanisms for monitoring the departure and return of such workers.

2. Applicants both in and outside the U.S., including those living and working here without authorization, would be eligible for participation in the program, as long as there is an interested employer willing to attest to the unavailability of U.S. workers to perform the job at issue and that the salary being offered is at, or above, the prevailing wage for that position.

The annual allotment of guest worker visas will depend on a variety of economic factors, most notably regional unemployment rates.

Another interesting feature of this proposal is the establishment of individual worker investment accounts. In the proposed program, federal payroll taxes withheld from the worker's salary would be held in an account that would be the property of the worker and managed by the Secretary of the Treasury. But the worker would only be eligible to gain access to these funds after he or she permanently departs the U.S. and returns to their home country.

Further details about this and any other important legislative proposal will continue to be featured in this column.