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Senators Introduce State-Sponsored Visa Pilot to Let States Run Temporary Worker Programs

The measure would let state legislatures design temporary work visas subject to Department of Homeland Security approval, setting caps, vetting rules, enforcement triggers.

Overview

  • Senators John Curtis (R‑Utah) and Mark Kelly (D‑Arizona) formally filed S. 5197 to create a three‑year nonimmigrant status that states can sponsor for workers and their immediate families.
  • The bill would require each state program to win DHS approval and include mandatory background checks, limits on federal benefits, occupational licensing access, and bonds to guarantee departure.
  • The proposal sets numerical limits that amount to roughly 500,000 visas overall, structured as 5,000 slots per state plus each state’s share of a 245,000‑visa pool.
  • The law would penalize noncompliance by cutting a state’s quota by 50% and imposing a $4,000 bond if more than 3% of sponsored workers overstay, and it would let some people present in the U.S. on Dec. 31, 2016 regularize after a background check and a $1,000 penalty.
  • Monday’s introduction revives prior federalist efforts dating to a 2011 Utah compact and a 2017 JohnsonMcCain proposal, and the bill now faces congressional debate and DHS rulemaking before any program could start.