📜 Congressional Bill
119th CONGRESS
1st Session
H.R. ___
To establish a new visa category for certain long-term residents, to require
employment verification for all workers, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Balanced Immigration Reform Act of 2025".
SECTION 2. FINDINGS.
Congress finds the following:
(1) The United States immigration system requires comprehensive reform
to address the status of millions of individuals currently residing in
the United States without legal authorization.
(2) The United States has historically benefited from immigration and
continues to rely on immigrant contributions to sustain economic growth,
innovation, and address demographic challenges posed by an aging population.
(3) Many individuals who have resided in the United States for extended
periods without legal status have established roots in their communities,
raised families, and contributed to the economy through their labor and
tax payments.
(4) Providing a pathway to legal status that does not include citizenship
offers a balanced approach that recognizes these contributions while
maintaining the integrity of existing immigration processes.
(5) Mandatory employment verification for all workers will significantly
reduce the incentive for future unauthorized immigration by eliminating
opportunities for unauthorized employment.
(6) A comprehensive approach that combines legal status for qualifying
long-term residents with robust employment verification serves both
humanitarian and enforcement objectives.
SECTION 3. DEFINITIONS.
In this Act:
(1) LONG-TERM RESIDENT VISA.--The term "Long-Term Resident Visa"
means the nonimmigrant visa established under section 4 of this Act.
(2) SECRETARY.--The term "Secretary" means the Secretary of Homeland
Security.
(3) VIOLENT FELONY.--The term "violent felony" means any felony that--
(A) has as an element the use, attempted use, or threatened use
of physical force against the person of another; or
(B) is murder, voluntary manslaughter, rape, sexual abuse,
kidnapping, robbery, aggravated assault, or arson.
SECTION 4. ESTABLISHMENT OF LONG-TERM RESIDENT VISA CATEGORY.
(a) In General.--Section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)) is amended--
(1) by striking "or" at the end of subparagraph (V);
(2) by striking the period at the end of subparagraph (W) and
inserting "; or"; and
(3) by adding at the end the following:
"(X) an alien who--
"(i) has been continuously physically present in the United
States for a period of not less than 5 years immediately
preceding the date of application for such status;
"(ii) has never been convicted of any felony under Federal
or State law;
"(iii) is not inadmissible under section 212(a)(3) (relating
to security and related grounds);
"(iv) registers under this subparagraph and is granted a
Long-Term Resident Visa by the Secretary of Homeland Security; and
"(v) is in compliance with the requirements of this subparagraph.".
(b) Terms and Conditions of Long-Term Resident Visa.--
(1) DURATION AND RENEWAL.--A Long-Term Resident Visa issued under
section 101(a)(15)(X) of the Immigration and Nationality Act, as
added by subsection (a), shall--
(A) be valid for a period of 10 years;
(B) be renewable for successive 10-year periods upon
application by the visa holder, provided the visa holder
continues to meet the requirements of this section; and
(C) authorize the visa holder to reside permanently in the
United States, to work in the United States, to study at any
educational institution in the United States, and to travel
freely into and out of the United States.
(2) EMPLOYMENT AUTHORIZATION.--A Long-Term Resident Visa holder
shall be authorized to engage in any lawful employment in the
United States and shall be issued an employment authorization
document by the Secretary.
(3) TAX OBLIGATIONS AND BENEFIT ELIGIBILITY.--
(A) TAX OBLIGATIONS.--A Long-Term Resident Visa holder shall
be subject to all applicable Federal, State, and local taxes,
including taxes under the Federal Insurance Contributions Act
(26 U.S.C. 3101 et seq.) for Social Security and Medicare.
(B) SOCIAL SECURITY BENEFITS.--Notwithstanding any other
provision of law, a Long-Term Resident Visa holder who has
paid taxes under the Federal Insurance Contributions Act shall
be eligible to receive old-age, survivors, and disability
insurance benefits under title II of the Social Security Act
(42 U.S.C. 401 et seq.) to the same extent as any other
individual who has paid such taxes, based on quarters of
coverage earned while holding such visa.
(C) MEDICARE BENEFITS.--Notwithstanding section 1611 of title 8,
United States Code, a Long-Term Resident Visa holder who meets
the requirements of section 226 of the Social Security Act
(42 U.S.C. 426) shall be eligible for benefits under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) to the same
extent as any other individual who meets such requirements.
(4) NO PATH TO CITIZENSHIP.--
(A) PROHIBITION.--Notwithstanding any other provision of law,
a Long-Term Resident Visa issued under section 101(a)(15)(X)
of the Immigration and Nationality Act, as added by subsection (a),
shall not--
(i) constitute lawful permanent residence for purposes of
naturalization under section 316 of the Immigration and
Nationality Act (8 U.S.C. 1427);
(ii) provide a basis for adjustment of status to that of
an alien lawfully admitted for permanent residence under
section 245 of the Immigration and Nationality Act
(8 U.S.C. 1255); or
(iii) be counted toward any residence or physical presence
requirement for naturalization.
(B) CLARIFICATION.--Nothing in this paragraph shall prohibit
a Long-Term Resident Visa holder from applying for lawful
permanent residence or citizenship through any other provision
of law for which the individual is independently eligible.
(5) REVOCATION.--
(A) MANDATORY REVOCATION.--The Secretary shall revoke a
Long-Term Resident Visa if the visa holder is convicted of
a violent felony as defined in section 3 of this Act.
(B) EFFECT OF REVOCATION.--Upon revocation of a Long-Term
Resident Visa under subparagraph (A), the individual shall
be subject to removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a).
(C) NO OTHER GROUNDS FOR REVOCATION.--Except as provided in
subparagraph (A), a Long-Term Resident Visa may not be revoked
for any reason, including commission of crimes other than
violent felonies.
(c) Application Process.--
(1) APPLICATION PERIOD.--The Secretary shall establish an
application period of not less than 18 months, beginning not later
than 180 days after the date of enactment of this Act, during which
eligible aliens may apply for a Long-Term Resident Visa.
(2) APPLICATION REQUIREMENTS.--An application for a Long-Term
Resident Visa shall include--
(A) evidence demonstrating continuous physical presence in
the United States for not less than 5 years immediately
preceding the date of application;
(B) evidence demonstrating that the applicant has never been
convicted of any felony under Federal or State law;
(C) biometric data, including fingerprints and photographs;
(D) payment of all applicable fees established by the Secretary; and
(E) such other information as the Secretary may require.
(3) BACKGROUND CHECKS.--The Secretary shall conduct comprehensive
background checks, including criminal history and national security
checks, for each applicant.
(4) FEES.--
(A) INITIAL APPLICATION FEE.--The Secretary shall establish
a fee for initial applications for a Long-Term Resident Visa
in an amount not to exceed $1,000.
(B) RENEWAL FEE.--The Secretary shall establish a fee for
renewal applications in an amount not to exceed $500.
(C) USE OF FEES.--Fees collected under this paragraph shall
be deposited in the Immigration Examinations Fee Account
established under section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)) and shall be used to
cover the costs of administering the Long-Term Resident Visa
program.
(d) Protection From Removal During Application Process.--An alien who
files an application for a Long-Term Resident Visa during the application
period established under subsection (c)(1) shall not be removed from the
United States on the basis of the alien's immigration status while the
application is pending, unless the alien is convicted of a violent felony.
(e) Regulations.--Not later than 120 days after the date of enactment
of this Act, the Secretary shall promulgate regulations to implement
this section, including regulations establishing--
(1) standards for demonstrating continuous physical presence in
the United States;
(2) types of evidence acceptable to demonstrate eligibility;
(3) procedures for adjudicating applications; and
(4) procedures for issuing, renewing, and revoking Long-Term
Resident Visas.
SECTION 5. MANDATORY EMPLOYMENT VERIFICATION.
(a) Mandatory Use of E-Verify.--Section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) is amended by adding at the end the
following:
"(i) Mandatory Employment Verification for All Employers.--
"(1) IN GENERAL.--Notwithstanding any other provision of this
section, every person or other entity that hires, recruits, or
refers for a fee an individual for employment in the United States
shall use the employment eligibility verification system established
under subsection (d) (commonly known as 'E-Verify') to verify the
identity and employment authorization of each individual hired,
recruited, or referred, including--
"(A) all employees, whether employed on a full-time, part-time,
or temporary basis;
"(B) all independent contractors who are natural persons; and
"(C) all workers provided by subcontractors, labor contractors,
or staffing agencies.
"(2) TIMING OF VERIFICATION.--The verification required under
paragraph (1) shall be completed not later than 3 business days
after the date on which the individual begins work for pay.
"(3) IMPLEMENTATION SCHEDULE.--
"(A) LARGE EMPLOYERS.--Employers with 500 or more employees
shall comply with the requirements of this subsection beginning
on the date that is 6 months after the date of enactment of the
Balanced Immigration Reform Act of 2025.
"(B) MEDIUM EMPLOYERS.--Employers with 100 or more employees
but fewer than 500 employees shall comply with the requirements
of this subsection beginning on the date that is 12 months after
the date of enactment of the Balanced Immigration Reform Act of 2025.
"(C) SMALL EMPLOYERS.--Employers with fewer than 100 employees
shall comply with the requirements of this subsection beginning
on the date that is 18 months after the date of enactment of the
Balanced Immigration Reform Act of 2025.
"(4) CIVIL PENALTIES.--
"(A) IN GENERAL.--Any person or entity that fails to comply
with the requirements of this subsection shall be subject to
a civil penalty of $50,000 for each individual with respect to
whom such failure occurred, for each 12-month period during
which the violation continues.
"(B) SEPARATE VIOLATIONS.--For purposes of this paragraph,
each individual with respect to whom a violation occurs shall
constitute a separate violation.
"(C) GOOD FAITH EXCEPTION.--No penalty shall be imposed under
this paragraph if the person or entity demonstrates that it
made a good faith effort to comply with the requirements of
this subsection, including by showing that any failure was
due to technical difficulties with the E-Verify system that
were beyond the control of the person or entity.
"(5) ENFORCEMENT.--
"(A) INVESTIGATIONS.--The Secretary of Homeland Security shall
investigate complaints of violations of this subsection and may
conduct random audits to ensure compliance.
"(B) NOTICE AND OPPORTUNITY TO CORRECT.--Before imposing a
civil penalty under paragraph (4), the Secretary shall provide
the person or entity with written notice of the violation and
an opportunity to correct the violation within 30 days.
"(C) HEARING.--Any person or entity against whom a civil
penalty is assessed under paragraph (4) may request a hearing
before an administrative law judge in accordance with section
274A(e)(3).
"(6) PROTECTION OF EMPLOYEE RIGHTS.--Nothing in this subsection
shall be construed to authorize any person or entity to--
"(A) require an employee or prospective employee to provide
specific documents from the lists in subsection (b)(1)(B)
based on the employee's citizenship status or national origin;
"(B) refuse to honor documents that reasonably appear to be
genuine and relate to the individual presenting them; or
"(C) discriminate against any individual in violation of
section 274B.
"(7) SYSTEM IMPROVEMENTS.--The Secretary of Homeland Security, in
consultation with the Commissioner of Social Security, shall--
"(A) ensure that the employment eligibility verification system
has sufficient capacity and reliability to handle the increased
volume of verifications required under this subsection;
"(B) establish a process for resolving tentative nonconfirmations
within 10 business days;
"(C) provide technical assistance and training to employers
regarding use of the system; and
"(D) establish a toll-free telephone hotline and online
resources for employers and employees.".
(b) Conforming Amendment.--Section 274A(b) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)) is amended by adding at the end
the following: "The requirements of this subsection are in addition to,
and not in lieu of, the requirements of subsection (i).".
SECTION 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary
to carry out this Act, including--
(1) for the Department of Homeland Security to administer the
Long-Term Resident Visa program established under section 4;
(2) for the Department of Homeland Security and the Social Security
Administration to upgrade and maintain the E-Verify system to handle
increased verification volume; and
(3) for the Department of Homeland Security to conduct enforcement
activities related to the mandatory employment verification
requirements under section 5.
SECTION 7. REPORTS TO CONGRESS.
(a) Initial Report.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House of
Representatives a report on the implementation of this Act, including--
(1) the number of applications for Long-Term Resident Visas received
and approved;
(2) the number of employers enrolled in and using the E-Verify system;
(3) the number of verifications conducted through the E-Verify system;
(4) any challenges encountered in implementing this Act; and
(5) recommendations for legislative or administrative action to
improve implementation.
(b) Annual Reports.--Not later than 2 years after the date of enactment
of this Act, and annually thereafter for 5 years, the Secretary shall
submit to the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives a report on--
(1) the number of Long-Term Resident Visas in effect;
(2) the number of Long-Term Resident Visas revoked and the reasons
for revocation;
(3) employer compliance rates with the mandatory employment
verification requirements;
(4) the number of civil penalties assessed under section 5;
(5) the impact of this Act on unauthorized immigration; and
(6) the economic impact of this Act, including effects on wages,
employment, and tax revenues.
SECTION 8. SEVERABILITY.
If any provision of this Act, or the application of such provision to
any person or circumstance, is held to be unconstitutional, the remainder
of this Act, and the application of the provisions of such Act to any
person or circumstance, shall not be affected thereby.
SECTION 9. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act shall take effect
on the date of enactment of this Act.
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