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Summary

At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H-2A program and other guest workers enter through the H-2B program. Employers interested in importing workers under either program must first apply to the U.S. Labor Department for a certification that U.S. workers capable of performing the work are not available and that the employment of alien workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Other requirements of the programs differ. Legislation to overhaul the H-2A program (S. 1645/H.R. 3142, H.R. 3604, S. 2185), the H-2B program (S. 2010, S. 2381/H.R. 4262), and the "H" temporary worker category generally (H.R. 3534) has been introduced in the 108th Congress. Other bills (S. 1387, S. 1461/H.R. 2899, H.R. 3651, S. 2010, S. 2381/H.R. 4262) and a Bush Administration immigration proposal would create new guest worker programs. Presumably, these proposed programs would cover largely low-skilled workers. In addition to their guest worker provisions, S. 1645/H.R. 3142, S. 1461/H.R. 2899, S. 2010, and S. 2381/H.R. 4262 would establish mechanisms for certain foreign workers to become U.S. legal permanent residents (LPRs). The current discussion of guest worker programs takes place against a backdrop of historically high levels of unauthorized immigration to the United States. Supporters of a large-scale temporary worker program argue that such a program would help reduce unauthorized immigration by providing a legal alternative for prospective foreign workers. Critics reject this reasoning and instead maintain that a new guest worker program would likely exacerbate the problem of illegal immigration. The consideration of any proposed guest worker program would appear to raise a variety of issues. Among them are the following: how would the requirements of any new program compare to the requirements of the H-2A and H-2B programs; who would be eligible for the program; would the program include a mechanism for participants to obtain LPR status; how would family members of eligible individuals be treated; what labor market test, if any, would the program employ; would the program be numerically limited; how would the rules and requirements of the program be enforced; and what security-related provisions, if any, would be included. This report aims to provide an analytical framework for evaluating low-skilled guest worker proposals. It is not intended to serve as a legislative tracking report. If warranted by legislative developments, the tracking of relevant bills in the 108th Congress will be handled in a separate product.

Related Legislation:
• S.1645
• H.R.3142
• H.R.3604
• S.2185
• S.2010
• S.2381
• H.R.4262
• H.R.3534
• S.1387
• S.1461
• H.R.2899
• H.R.3651

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