118 S5644 IS: Heartland Visa Act of 2024 U.S. Senate 2024-12-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS2d SessionS. 5644IN THE SENATE OF THE UNITED STATESDecember 20 (legislative day, December 16), 2024Mr. Young (for himself and Mr. Manchin) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo establish a new visa category for high-skilled aliens seeking employment in slow-growing and shrinking counties in the United States.

1.

Short title

This Act may be cited as the Heartland Visa Act of 2024.

2.

Findings

Congress finds the following:(1)High-skilled immigrants are an invaluable source of innovation and entrepreneurship for the United States economy. Since 2000, immigrants have accounted for 25 percent of recent startups, 23 percent of United States patents, and 38 percent of American Nobel prizes in medicine, chemistry, and physics.(2)Industries that are critical to the United States economic and national security depend on the contributions of foreign-born workers. Nineteen percent of our Nation's domestic defense industrial base’s workforce is foreign-born, including 49 percent of such workers with a master’s degree in science, technology, engineering, or math (STEM) and 56 percent of such workers with a STEM PhD.(3)Large portions of the United States have not benefitted from this foreign-born talent since more than 2/3 of all foreign-born United States residents with a bachelor’s degree or higher reside in the largest 100 counties in the United States.(4)Hundreds of counties across the country are suffering from the effects of population decline and shortages of scientific and technical talent.(5)Local population decline erodes municipal tax bases, saps communities of resources for infrastructure and education funding, and erodes economic dynamism and innovation.(6)A new place-based Heartland Visa Program for skilled talent would—(A)unlock existing latent capacity for growth, innovation, and entrepreneurship that seeds new clusters of opportunity in participating counties; (B)help to build more resilient supply chains in strategically important sectors; and (C)allow the United States to leap ahead of United States competitors in the global race for technical talent.

3.

Heartland Visa

(a)

In general

Chapter I of title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding at the end the following:

210A.

Heartland Visa Program

(a)

Definitions

In this section:(1)

Applicant

The term applicant means an alien seeking a Heartland Visa under this section.(2)

Clearing rate

The term clearing rate means the lowest successful wage bid in the salary survey for a specific quarter.(3)

Eligible county

The term eligible county means a county, an independent city, a parish (in Louisiana), or a borough (in Alaska) that has been designated by the Secretary, in accordance with the process described in subsection (b), as a jurisdiction that is eligible to participate in the Heartland Visa Program.(4)

Heartland visa

The term Heartland Visa means a visa issued to an alien pursuant to this section.(5)

HV–1 visa

The term HV–1 Visa means a Heartland Visa issued to an applicant.(6)

HV–2 visa

The term HV–2 Visa means a Heartland Visa issued to the spouse or child of an applicant.(7)

National vetting center

The term National Vetting Center means the National Vetting Center established pursuant to National Security Presidential Memorandum 9, issued on February 6, 2018.(8)

Participating county

The term participating county means an eligible county that has elected to participate in the Heartland Visa Program.(9)

Remote worker

The term remote worker means an employee whose routinely works for an employer at a location that is not owned or leased by his or her employer.(10)

Secretary

The term Secretary means the Secretary of Homeland Security, working through the Director of U.S. Citizenship and Immigration Services.(11)

Wage bid

The term wage bid means an annualized salary reported pursuant to subsection (c)(2) that has been adjusted in accordance with subsection (c)(3).(b)

Designation and participation of eligible counties

(1)

Initial designation

(A)

Required criteria

During the 1-year period beginning on the date of the enactment of the Heartland Visa Act of 2024, a county may not be designated as an eligible county unless—(i)the number of individuals residing in the county who are at least 25 years of age and younger than 55 years of age did not increase by more than 0.5 percent between the 2010 decennial census and the 2020 decennial census; and(ii)the median home value in the county, as measured by the 2016-2020 American Community Survey of the Bureau of the Census, is not higher than the national median home value.(B)

Supplemental criteria

In addition to the requirements described in subparagraph (A), a county may not be designated as an eligible county during the 1-year period beginning on the date of the enactment of the Heartland Visa Act of 2024 unless—(i)the total number of individuals residing in the county did not increase by more than 0.5 percent between the 2010 decennial census and the 2020 decennial census; or(ii)(I)the total population residing in the county peaked at the time of or before the 1980 decennial census; and(II)the total number of individuals residing in the county did not increase by more than 5 percent between the 2010 decennial census and the 2020 decennial census.(2)

Subsequent designation of eligible counties

After the initial 1-year period referred to in paragraph (1), any county that did not meet the initial criteria for designation as an eligible county under such paragraph may be so designated if such county meets the criteria described in paragraph (1), as measured by comparing the data from the most recent 5-year American Community Survey published by the Bureau of the Census with the data from the American Community Survey that was published 10 years before the publication of the most recent American Community Survey. (3)

Participation in heartland visa program

(A)

Application

An eligible county desiring to participate in the Heartland Visa Program, after the relevant county decision-making body authorizes such participation, shall submit an application to the Secretary that contains such information as the Secretary, in consultation with the Secretary of Labor, may reasonably require.(B)

Limit on total population of participating counties

The Secretary, in consultation with the Secretary of Labor, shall determine the number of participating counties. In making such determination, the Secretary shall—(i)limit the combined population of all participating counties to not more than 25,000,000;(ii)ensure that all 4 Census Bureau regions are represented; and(iii)include both rural and urban counties.(C)

Selection criteria

In determining which eligible counties will be designated as participating counties, the Secretary, in consultation with the Secretary of Labor, shall give priority to counties—(i)with a larger labor market, based on population and the number of individuals employed within the county;(ii)that are adjacent to other eligible counties that are also applying to participate in the Program;(iii)in which low-cost housing is available;(iv)in which 1 or more institutions of higher education are located; and(v)that demonstrate the capacity to successfully absorb high-skilled immigrants, including a shortage in skilled labor, local organizations dedicated to helping skilled immigrants, and public-private partnerships.(D)

Allocation of visas

(i)

In general

The Secretary, after consultation with the Secretary of Labor, shall allocate Heartland Visas, on a quarterly basis, among participating counties through the wage-based points system described in subsection (c). (ii)

Priority

Heartland Visas shall be issued to qualifying applicants in each participating county in descending order of the wage bids until the earlier of the date on which—(I)all available visas for the applicable quarter have been issued; or (II)there are no more qualified applicants.(4)

Terminating participation

A county that has participated in the Heartland Visa Program shall terminate such participation if—(A)the relevant county decision-making body rescinds its prior authorization referred to in paragraph (3)(A) during an annual opt out period established by the Secretary;(B)the cumulative population growth of the county since the date on which the county began participating in the Heartland Visa Program exceeds 15 percent; or(C)the median home value in the county exceeds the national median home value by at least 20 percent, as measured by the most recently published 5-year American Community Survey. (c)

Wage bids

(1)

In general

The Secretary shall allocate Heartland Visas, on a quarterly basis, among participating counties through the wage-based points system described in this subsection. Heartland Visas shall be issued to qualifying applicants in each participating county in descending order of the wage bids until all available visas have been issued or there are no more qualified applicants remaining.(2)

Quarterly salary surveys

The Secretary shall hold quarterly salary surveys through which eligible applicants may submit—(A)(i)the name of a prospective employer that has given the applicant an offer of employment and proof of such offer that identifies the annualized salary being offered; or(ii)if the applicant intends to remain in his or her current job and relocate to another participating county, the name of the applicant's current employer and proof of the annualized salary that he or she is being paid;(B)the current age of the applicant;(C)proof that the applicant has earned a bachelor's degree or higher from an accredited institution of higher education within the participating county, if applicable; and(D)evidence that the applicant meets the requirements under paragraph (3)(C), if applicable.(3)

Adjustments to calculate wage bid

The Secretary shall calculate a wage bid for each applicant—(A)by multiplying the annualized salary reported pursuant to paragraph (2)—(i)for applicants who are younger than 25 years of age, by a factor that is not more than 2.5 and is higher than the factor applicable to applicants described in clause (ii);(ii)for applicants who are at least 25 years of age and younger than 30 years of age, by a factor that is lower than the factor applicable to applicants described in clause (i) and higher than the factor applicable to applicants described in clause (iii);(iii)for applicants who are at least 30 years of age and younger than 35 years of age, by a factor that is lower than the factor applicable to applicants described in clause (ii) and higher than the factor applicable to applicants described in clause (iv);(iv)for applicants who are at least 35 years of age and younger than 40 years of age, by a factor that is lower than the factor applicable to applicants described in clause (iii) and higher than the factor applicable to applicants described in clause (v); and(v)for applicants who are at least 40 years of age, by a factor that is lower than the factor applicable to applicants described in clause (iv) and not less than 1.0;(B)for applicants who have earned a bachelor's degree or higher from an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) located within the participating county, multiplying such annualized salary, as adjusted pursuant to subparagraph (A) (if applicable), by 1.1; and(C)for applicants who are transferring within a company or are remote workers and who have been employed continuously for at least 1 year by such company during the most recent 3-year period, by multiplying such annualized salary, as adjusted pursuant to subparagraphs (A) and (B) (if applicable), by 1.1.(4)

Age weighting factors

The Secretary shall set the factors under clauses (i) through (iv) of paragraph (3)(A) to maximize the expected future lifetime earnings of Heartland Visa holders. (5)

Alternative wage bid

A self-employed applicant, including freelancers providing remote professional services, entrepreneurs starting a new business in the United States, and entrepreneurs moving their business operations to the United States, may submit a wage bid to the Secretary consisting of the average annual personal net earnings received from his or her business during the most recent 3-year period.(6)

Minimum salary

Any applicant with an annualized salary offer described in paragraph (2) that is less than the United States median annual earnings for full-time, year-round workers for the most recent fiscal year is ineligible to receive a Heartland Visa under this section. (d)

Terms and employment conditions

(1)

Fees

(A)

In general

The Secretary shall collect from each Heartland Visa applicant, at the time of application—(i)an application fee or a renewal fee, as applicable; (ii)an additional fee to pay for the enhanced vetting required under subsection (f)(2); and(iii)for those seeking permanent residence in the United States pursuant to subsection (i), an adjustment of status fee in accordance with section 245.(B)

Amount

(i)

In general

Subject to clauses (ii) and (iii), the Secretary shall set the amount for the fees required under subparagraph (A) at an amount that is sufficient to cover, but not exceed, the costs of processing applications under this section.(ii)

Premium fee

Subject to clause (iii), the Secretary shall collect a premium fee of $2,805 for aliens desiring expedited processing of their immigration application under this section. Such fee shall be returned if the relevant application is not processed by the date that is 15 days after the date on which such application is received by the Secretary.(iii)

Biennial adjustment

The Secretary shall adjust the premium fee authorized under clause (ii) on a biennial basis by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of June preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the second preceding calendar year. The provisions of section 553 of title 5, United States Code, shall not apply to an adjustment authorized under this clause. (C)

Heartland visa account

Amounts collected pursuant to subparagraph (A) shall be deposited into the Heartland Visa Account established under section 286(w).(2)

Term; renewal

(A)

Term

An applicant who is issued a Heartland Visa pursuant to this section—(i)shall reside, during the 3-year period such visa remains in effect, except for an initial grace period of up to 3 months, as determined by the Secretary, in—(I)a participating county; or(II)a county that was a participating county at the time the applicant first established residency in such county;(ii)may be employed by any employer in the United States during such 3-year period; (iii)may not be within any of the classes of inadmissible aliens described in section 212(a) and shall be removed from the United States if he or she is within any of the classes of deportable aliens described in section 237(a); and(iv)shall depart from the United States before the last day of such 3-year period unless—(I)the applicant renews such status pursuant to subparagraph (B); or(II)the applicant, following the 2nd 3-year term, applies to adjust his or her status to that of an alien lawfully admitted for permanent residence pursuant subsection (h).(B)

Renewal

An applicant may renew a Heartland Visa issued pursuant to this section for 1 additional 3-year period under the same terms and conditions as the initial Heartland Visa was issued by submitting to the Secretary proof that the applicant has complied with subparagraph (A)(i) and paragraph (3) during the period in which such visa was in effect.(3)

Earnings requirement

Each Heartland Visa holder shall earn an annualized salary equal to not less than the lesser of—(A)the amount he or she included in his or her response to the applicable quarterly salary survey under subsection (c)(2); or(B)the lowest quarterly auction clearing rate during the most recent 12-month period.(4)

Spouses and dependents

(A)

Application

Each Heartland Visa holder may apply for an HV–2 visa on behalf of his or her spouse and any of his or her unmarried dependent children.(B)

Term

An HV–2 visa issued pursuant to subparagraph (A) shall remain valid while the Heartland Visa of the spouse or parent remains valid.(C)

Employment authorization

The Secretary shall automatically authorize alien spouses and unmarried dependent children who are at least 16 years of age to engage in employment in the United States if such aliens—(i)were issued an HV–2 visa pursuant to subparagraph (A); and (ii)are accompanying or following to join the principal Heartland Visa holder while maintaining such status.(D)

Exemption from numerical limitation

HV–2 visas issued to spouses and children pursuant to subparagraph (A) shall not be subject to the numerical limitation set forth in subsection (g).(5)

No dual intent requirement

(A)

In general

Notwithstanding subsection (h), an alien whose nonimmigrant visa was issued under the condition that such alien intends to depart the United States upon the expiration of such visa may apply for an HV–1 visa under this section. (B)

Exchange visitor program participants

A nonimmigrant admitted to the United States under section 101(a)(15)(J)(i) whose employment has been funded, in whole or in part, directly or indirectly, by any United States Government agency (other than the Department of State’s Bureau of Educational and Cultural Affairs) is eligible to apply for an HV–1 Visa. Notwithstanding section 212(e), if such a nonimmigrant is issued such a visa, the alien shall be exempt from the 2-year home country residency requirement under such section.(6)

Continued residence in a county that has terminated participation in the heartland visa program

A Heartland Visa holder residing in a county that terminates its participation in the Heartland Visa program pursuant to subsection (b)(3)(B) may—(A)continue to reside in such county until the end of the current 3-year term;(B)renew the Heartland Visa for another 3-year term in accordance with paragraph (2)(B); and(C)move to another participating county.(e)

Verification portal

(1)

Information to be submitted by heartland visa holders

All Heartland Visa holders shall notify the Secretary of any changes to his or her physical address or employment by submitting, not later than 60 days after such documentation is created—(A)a digital copy of a signed sale, lease, or rental agreement for their new residence; and(B)to demonstrate that their earnings meet the minimum earnings requirement under subsection (d)(3)—(i)a digital copy of a signed employment agreement or digital copies of wage statements; or(ii)for self-employed Heartland Visa holders, a digital copy of all tax returns submitted to the Internal Revenue Service documenting earnings while in such status. (2)

Information to be submitted by employers

All employers of Heartland Visa holders shall—(A)submit documentation that the employer is paying a salary to each Heartland Visa holder that meets the minimum earnings requirement under subsection (d)(3); and(B)notify the Secretary if any Heartland Visa holder has terminated his or her employment with the employer.(3)

Investigations

The Secretary shall conduct random investigations to determine whether Heartland Visa holders are complying with the residency requirements under paragraph (2)(A)(i) of subsection (d), except as provided under paragraph (4) of such subsection.(f)

Vetting requirements

(1)

In general

All applicants for the Heartland Visa Program, including applicants submitting initial applications, renewal applications, and applications for permanent residence, shall undergo a comprehensive background check conducted by the National Vetting Center to ensure they do not pose a security risk to the United States.(2)

Enhanced vetting requirement for certain applicants

In addition to the general background check, any applicant for a Heartland Visa who is a national of a country designated as a Country of Particular Concern under section 402 of the International Religious Freedom Act of 1998 (22 U.S.C. 6442) shall be subject to enhanced vetting procedures, which shall include—(A)additional security screenings and mandatory interviews;(B)comprehensive background checks; and(C)a thorough review of the applicant’s travel history and affiliations.(3)

Coordination

In carrying out the background checks and vetting procedures required under this subsection, the Secretary of Homeland Security shall coordinate with other relevant Federal agencies, including the Federal Bureau of Investigation and the Department of State.(4)

Discrimination prohibited

No person or entity participating in the Heartland Visa Program, including counties, employers, and any other stakeholders, may discriminate against any applicant or visa holder based on nationality, race, color, religion, sex, national origin, age, disability, or genetic information.(g)

Numerical limitations

(1)

In general

The number of HV–1 visas available in each fiscal year shall be 50,000.(2)

Reallocation of unused visas

The Secretary of State, in consultation with the Secretary, shall—(A)calculate the difference between the number of HV–1 visas authorized under paragraph (1) for a fiscal year and the number of such visas issued in such fiscal year; and(B)reallocate any unused HV–1 visas for the following fiscal year.(h)

Adjustment of status

(1)

Application

During the 90-day period immediately preceding the completion of a second 3-year Heartland Visa term, a visa holder may apply for an adjustment of status to that of a person admitted for permanent residence. All such applicants shall be granted an extension of their Heartland Visa status until—(A)the date on which such application is approved; or(B)if such application is denied, the date that is 60 days after the date of such denial.(2)

Approval criteria

The Secretary shall approve any application submitted pursuant to paragraph (1) by a Heartland Visa holder who—(A)has fully complied with the requirements of the Heartland Visa Program under this section; and(B)has met the earnings requirement under subparagraph (A) or (B) of paragraph (3), as verified through an inspection of the applicants tax records.(3)

Earnings requirement

(A)

Standard criteria

A Heartland Visa holder meets the earnings requirement under the standard criteria if his or her average earnings during the previous 5 years was not less than the age-specific 75th income percentile amount during such period.(B)

Higher earner criteria

A Heartland Visa holder meets the earnings requirement under the higher earner criteria if his or her earnings during at least 2 of the previous 5 years was not less than the age-specific 90th income percentile amount for such years.(C)

Calculation of earnings thresholds

(i)

In general

The Secretary, using the microdata from the most recent American Community Survey, shall annually calculate, for each single-year age, the 75th and 90th income percentile amounts for all United States residents.(ii)

Notification

The Secretary shall notify each newly approved Heartland Visa holder of the age-specific 75th and 90th income percentile amounts applicable to such person for each of the following 6 years.(4)

Spouses and children

An HV–1 visa holder who applies for permanent residence pursuant to paragraph (1) may concurrently apply for permanent residence on behalf of his or her spouse and any unmarried dependent children who were issued an HV–2 visa concurrently with the principal Heartland Visa holder pursuant to subsection (d)(4) or, with respect to spouses and children who followed to join such HV–1 visa holder, were later issued an HV–2 visa. Such application shall be approved if the HV–2 visa holder meets other applicable criteria under section 245 for adjustment to permanent resident status.(5)

Exclusion from numerical limitations

Immigrant visas authorized under this subsection are not subject to any otherwise applicable numerical limitations, including per country caps.(i)

Penalties

Applicants for Heartland Visas who violate any provision of this Act shall be subject to the same penalties applicable to other visa applicants for similar violations, including fines, deportation, and disqualification from future participation in the Heartland Visa Program.

.(b)

Clerical amendment

The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after the item relating to section 210 the following:Sec. 210A. Heartland Visa Program..

4.

Rulemaking

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations that—(1)establish the requirements and procedures the Secretary determines necessary to carry out and implement the Heartland Visa Program authorized under section 210A of the Immigration and Nationality Act, as added by section 3(a) of this Act, including—(A)the criteria and process for the initial and ongoing designation of eligible counties;(B)the application process for counties seeking to participate in the program;(C)the wage-based points system for allocating visas, including the methodology for calculating wage bids and clearing rates;(D)the verification and reporting requirements for Heartland Visa holders and their employers;(E)the procedures for the renewal of Heartland Visas; and(F)the criteria required for adjusting the status of a Heartland Visa holder to lawful permanent resident;(2)certify the relevant decision-making body in each eligible county that is authorized to elect to participate in the Heartland Visa Program, including—(A)the criteria for the certification of such bodies; and(B)the process for counties to establish or designate a decision-making body if such an entity does not currently exist; (3)identify which counties lack such a decision-making body and whose participation in Heartland Visa Program will be determined by the State legislature, including—(A)the criteria for identifying such counties; and(B)the process for state legislatures to elect participation in the program on behalf of such counties;(4)specify what constitutes sufficient proof of recent earnings for purposes of paragraph (2)(A) and (5) of section 210A(b) of the Immigration and Nationality Act, as added by section 3(a) of this Act, including—(A)the types of acceptable documentation, which may include tax returns, wage statements, employment contracts;(B)the process for state legislatures to elect participation in the program on behalf of these counties, which shall include—(i)a formal resolution or legislative act by the state legislature authorizing the county's participation in the Heartland Visa Program;(ii)the designation of a State-level agency or office to oversee and coordinate the implementation of the Heartland Visa Program within such county;(iii)the establishment of a local advisory committee comprising community leaders, business representatives, and other stakeholders to provide input and support for the Heartland Visa Program; and(iv)procedures for ongoing monitoring and reporting by the State legislature regarding the county's participation in, and outcomes of, the Heartland Visa Program;(5)ensure the fair and equitable treatment of all applicants and participants in the Heartland Visa Program, including—(A)procedures to prevent discrimination based on nationality, race, or other protected characteristics; and(B)mechanisms for addressing grievances and disputes related to the Heartland Visa Program; and(6)require periodic reviews and evaluations of the Heartland Visa Program, including—(A)metrics for assessing the Heartland Visa Program's impact on participating counties and visa holders;(B)procedures for collecting and reporting data regarding the outcomes of the Heartland Visa Program; and(C)mechanisms for making adjustments to the Heartland Visa Program based on the findings of such reviews and evaluations.