Section 1 Short title
This Act may be cited as the “Returning Worker Accountability Act of 2023”.
Returning Worker Accountability Act of 2023
A BILL
To amend the Immigration and Nationality Act to make the exception for returning workers permanent, and for other purposes.
Sec. 2 Returning worker exception made permanent
Section 214(g)(9) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(9)) is amended—
in subparagraph (A), by striking “who has already been counted toward the numerical limitation of paragraph (1)(B) during fiscal year 2019, 2020, or 2021 shall not again be counted toward such limitation during fiscal year 2022” and inserting “shall not be counted toward the numerical limitation of paragraph (1)(B) for a fiscal year if that alien has already been counted toward such limitation during any of the 3 fiscal years immediately preceding that fiscal year and shall satisfy the requirements under subparagraph (D)”; and
by adding at the end the following:
“(D) The requirement under this subparagraph is as follows:
“(i) An alien shall participate in the biometric entry and exit system (as such term is defined in section 7208(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(b))). Any information collected by reason of participation in such system shall be shared with the Biometric Identification Transnational Migration Alert Program of US Immigration and Customs Enforcement and the Office of Biometric Identity Management of the Department of Homeland Security.
“(ii) The information referred to in clause (i) shall be used to investigate an alien who has been counted toward the numerical limitation of paragraph (1)(B) for a fiscal year, and to determine if that alien has ever used an alias while working or present in the United States. If an alias is identified, that alien shall be evaluated to determine if the alien poses a national security threat, if the alien has a criminal history, and if the alien is inadmissible.”
Sec. 3 Enhanced vetting
The Secretary of Homeland Security shall use the biometric data to vet named workers against supporting evidence (including copies of passport, current and previous visas, entry documents) and identify any aliases. If an alias is identified, the Secretary shall vet named workers and aliases for potential national security threat, criminal history, and inadmissibility. If the alien is found to violate the factors, the alien shall not be banned from participating in the H–2B program.