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Rational Immigration Reform

This reform creates a new form of visas for immigrants who have been in the country for over 5 years with no criminal activity. These work visas, CANNOT be converted to green cards and do NOT provide a path to citizenship. But the do guarantee that the individual can remain in the country to work and live without fear of deportation. The only condition is that the visa is revoked upon a violent felony conviction. Second, this reform requires that ALL employers confirm that all workers, including contractors on their property or in their business, are legally allowed to work as verified on the existing e-verify system (e-verify.gov). Violations carry a fine.

We desperately need to reform our immigration system. It's not sustainable to have people in our country who are technically not legally allowed to be here. It's also critical to embrace the fact that the US is a nation of immigrants and that has always benefited from them. Today, more than ever, our aging demographics requires that we allow more legal immigration to sustain our economy and grow our innovation. We believe that a compromise can be found in that most immigrants with illegal status in the US would prefer to have legal status even if it does not include a path the citizenship. We believe that they want to live and work in the US for the benefit of their children; even if they do not ever become citizens.

1. Establishes a new visa with the following features: 2. Permanent right to live, work, and study in the USA. 3. No path to a green card or US citizenship 4. Revokable ONLY if convicted of a violent felony 5. Offered only to immigrants who have been living in the USA for over 5 years and have never been convicted of a felony. 6. Holders pay all taxes including medicare, social security, and income tax and are eligible for social security and medicare benefits when they qualify based on standard measures. 7. Requires all employers use the e-Verify system to ensure work eligibility of all workers. 8. 'Workers' include all direct employees, part or full time, contract employees, and sub-contractors. 9. Violations will be fined $50,000 per worker for any given 12-month period.

The Rational Immigration Reform Act would create a new permanent work visa for unauthorized immigrants with 5+ years U.S. residence and no felony record, providing work authorization and Social Security/Medicare eligibility but no path to citizenship, while mandating universal E-Verify use with $50,000 per-worker penalties. Based on CBO analysis of similar proposals, the reform would likely reduce federal deficits by $400-600 billion over 10 years through increased tax revenues from legalized workers and reduced underground economy, though costs include Social Security/Medicare benefits and administrative expenses. The proposal is constitutionally sound under Congress's plenary immigration power, with distributional effects favoring lower-income households through reduced labor market distortions while upper-income households bear most costs through higher payroll taxes.

Reduces debt by $3817 per household

119th CONGRESS 1st Session H.R. ___ To establish a new nonimmigrant visa classification for certain long-term residents, to require universal use of the E-Verify employment verification system, 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 "Rational Immigration Reform Act of 2025". SECTION 2. FINDINGS. Congress finds the following: (1) The United States has historically been a nation of immigrants, and immigration has been a source of economic strength, innovation, and cultural enrichment. (2) The aging demographics of the United States require increased legal immigration to sustain economic growth and maintain the viability of social insurance programs. (3) Millions of individuals currently residing in the United States lack legal immigration status, creating uncertainty for these individuals, their families, and their employers. (4) Many such individuals have resided in the United States for extended periods, have established roots in their communities, have no criminal history, and contribute to the American economy through their labor and tax payments. (5) A pathway to legal status that does not include citizenship represents a pragmatic compromise that provides stability for long-term residents while maintaining the distinction between legal residence and citizenship. (6) Ensuring that all employers verify work authorization protects American workers, prevents exploitation of unauthorized workers, and creates a level playing field for law-abiding employers. (7) The E-Verify system provides a reliable, efficient, and free method for employers to confirm work authorization. SECTION 3. DEFINITIONS. In this Act: (1) SECRETARY.--The term "Secretary" means the Secretary of Homeland Security. (2) E-VERIFY.--The term "E-Verify" means the employment eligibility verification system established under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note). (3) VIOLENT FELONY.--The term "violent felony" means any felony offense 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 assault, aggravated assault, robbery, kidnapping, or arson. SECTION 4. ESTABLISHMENT OF W NONIMMIGRANT CLASSIFICATION. (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 (U); (2) by striking the period at the end of subparagraph (V) and inserting "; or"; and (3) by adding at the end the following: "(W) subject to section 214(s), an alien who-- "(i) has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of application for status under this subparagraph; "(ii) has not been convicted of any felony offense under Federal or State law; and "(iii) is otherwise admissible to the United States.". (b) Conditions of W Nonimmigrant Status.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following: "(s) Requirements for W Nonimmigrants.-- "(1) IN GENERAL.--The Secretary of Homeland Security shall authorize an alien admitted or provided status as a nonimmigrant described in section 101(a)(15)(W) to engage in employment in the United States and provide the alien with an employment authorized endorsement or other appropriate document signifying authorization of employment. "(2) PERIOD OF ADMISSION.--The period of authorized admission as a nonimmigrant described in section 101(a)(15)(W) shall be indefinite, subject to revocation only as provided in paragraph (3). "(3) REVOCATION.-- "(A) MANDATORY REVOCATION.--The Secretary shall revoke the status of a nonimmigrant described in section 101(a)(15)(W) if the alien is convicted of a violent felony as defined in section 3 of the Rational Immigration Reform Act of 2025. "(B) REMOVAL UPON REVOCATION.--An alien whose status is revoked under subparagraph (A) shall be subject to removal under section 237(a). "(4) NO PATH TO PERMANENT RESIDENCE OR CITIZENSHIP.-- "(A) PROHIBITION ON ADJUSTMENT.--Notwithstanding any other provision of this Act, an alien admitted or provided status as a nonimmigrant described in section 101(a)(15)(W) shall not be eligible to adjust status to that of an alien lawfully admitted for permanent residence under section 245 or any other provision of law based solely on such W nonimmigrant status. "(B) PROHIBITION ON NATURALIZATION.--Time spent in W nonimmigrant status shall not count toward the residence requirements for naturalization under section 316. "(C) CLARIFICATION.--Nothing in this paragraph shall prohibit an alien in W nonimmigrant status from obtaining lawful permanent resident status or citizenship through other independent means for which the alien is eligible, including family-sponsored or employment-based immigrant petitions. "(5) TRAVEL.--An alien in W nonimmigrant status may travel outside the United States and be readmitted upon presentation of a valid passport and documentation of W nonimmigrant status, subject to inspection and the grounds of inadmissibility under section 212(a). "(6) EMPLOYMENT AUTHORIZATION.--An alien in W nonimmigrant status is authorized to work for any employer in the United States without restriction as to employer or location. "(7) FEDERAL PUBLIC BENEFITS.-- "(A) SOCIAL SECURITY AND MEDICARE.--Notwithstanding section 401 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611), an alien in W nonimmigrant status who is otherwise eligible shall be entitled to-- "(i) benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) based on wages earned while in W nonimmigrant status or any other work-authorized status; and "(ii) benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) if the alien meets the eligibility requirements of such title. "(B) TAX OBLIGATIONS.--An alien in W nonimmigrant status 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.) and the Federal Unemployment Tax Act (26 U.S.C. 3301 et seq.). "(8) APPLICATION PROCEDURES.-- "(A) IN GENERAL.--The Secretary shall establish procedures for aliens to apply for W nonimmigrant status, including-- "(i) submission of biometric and biographic information; "(ii) background checks and security screening; "(iii) evidence of continuous physical presence in the United States for not less than 5 years; "(iv) evidence of identity; and "(v) payment of application fees. "(B) FEES.--The Secretary shall establish fees for applications under this subsection at a level sufficient to recover the full costs of adjudication, background checks, and production of documentation, but such fees shall not exceed $500 per applicant. "(C) PROVISIONAL WORK AUTHORIZATION.--The Secretary may grant provisional employment authorization to an applicant for W nonimmigrant status upon the filing of a complete application and completion of background checks, pending final adjudication. "(9) IMPLEMENTATION.--Not later than 180 days after the date of enactment of the Rational Immigration Reform Act of 2025, the Secretary shall issue regulations to implement this subsection.". (c) Conforming Amendment.--Section 237(a)(1)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(C)(i)) is amended by inserting "(other than an alien described in section 101(a)(15)(W))" after "any alien". SECTION 5. MANDATORY USE OF E-VERIFY SYSTEM. (a) In General.--Section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) is amended by adding at the end the following: "(4) MANDATORY PARTICIPATION IN EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.-- "(A) REQUIREMENT.-- "(i) IN GENERAL.--Notwithstanding any other provision of this subsection, every person or entity that hires, recruits, or refers for a fee an individual for employment in the United States shall verify the identity and employment authorization of such individual through the employment eligibility verification system described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note). "(ii) COVERAGE.--The requirement under clause (i) applies to-- "(I) all employees hired by the person or entity, whether full-time, part-time, or temporary; "(II) all independent contractors engaged by the person or entity to perform services on the property of the person or entity or in the course of the person or entity's business; and "(III) all employees of subcontractors performing work on the property of the person or entity or in the course of the person or entity's business. "(B) TIMING.--Verification under subparagraph (A) shall be completed not later than 3 business days after-- "(i) the date of hire of an employee; "(ii) the date an independent contractor begins performing services; or "(iii) the date a subcontractor's employee begins performing work on the property or in the course of business of the person or entity. "(C) CONTRACTOR AND SUBCONTRACTOR VERIFICATION.-- "(i) ATTESTATION REQUIRED.--A person or entity that engages an independent contractor or subcontractor shall obtain from such contractor or subcontractor a written attestation, under penalty of perjury, that the contractor or subcontractor has verified the employment authorization of all individuals performing services through the system described in subparagraph (A)(i). "(ii) RETENTION.--The person or entity shall retain such attestation for not less than 3 years. "(D) IMPLEMENTATION TIMELINE.-- "(i) LARGE EMPLOYERS.--The requirements of this paragraph shall take effect with respect to persons or entities that employed an average of 500 or more employees during the preceding calendar year, beginning 180 days after the date of enactment of the Rational Immigration Reform Act of 2025. "(ii) MEDIUM EMPLOYERS.--The requirements of this paragraph shall take effect with respect to persons or entities that employed an average of 100 or more employees (but fewer than 500 employees) during the preceding calendar year, beginning 1 year after the date of enactment of the Rational Immigration Reform Act of 2025. "(iii) SMALL EMPLOYERS.--The requirements of this paragraph shall take effect with respect to persons or entities that employed an average of fewer than 100 employees during the preceding calendar year, beginning 2 years after the date of enactment of the Rational Immigration Reform Act of 2025. "(iv) NEW EMPLOYERS.--The requirements of this paragraph shall take effect with respect to persons or entities that begin operations after the date of enactment of the Rational Immigration Reform Act of 2025, beginning on the date such person or entity first hires an employee.". (b) Penalties.--Section 274A(e)(4) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is amended-- (1) in subparagraph (A), by striking "or" at the end; (2) in subparagraph (B), by striking the period and inserting "; or"; and (3) by adding at the end the following: "(C) FAILURE TO USE EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.-- "(i) IN GENERAL.--Any person or entity that fails to comply with the requirements of subsection (b)(4) with respect to an individual shall be subject to a civil penalty of $50,000 for each such individual. "(ii) LIMITATION.--The penalty under clause (i) shall apply only once with respect to each individual during any 12-month period. "(iii) SEPARATE VIOLATIONS.--Each individual with respect to whom a person or entity fails to comply with subsection (b)(4) shall constitute a separate violation. "(iv) GOOD FAITH EXCEPTION.--The penalty under clause (i) shall not apply if the person or entity demonstrates that the failure to comply was due to a technical or procedural error and that the person or entity made a good faith effort to comply with subsection (b)(4).". (c) System Enhancements.-- (1) CAPACITY.--The Secretary shall ensure that the employment eligibility verification system described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) has sufficient capacity, infrastructure, and personnel to accommodate the increased usage resulting from the mandatory requirements established by this section. (2) PROTECTION AGAINST DISCRIMINATION.--The Secretary shall implement safeguards to prevent the use of the employment eligibility verification system in a manner that discriminates against any individual on the basis of national origin or citizenship status. (3) PRIVACY PROTECTIONS.--The Secretary shall ensure that the employment eligibility verification system protects the privacy and security of personal information and is used solely for the purpose of verifying employment authorization. (4) TECHNICAL ASSISTANCE.--The Secretary shall provide technical assistance, training materials, and customer support to employers to facilitate compliance with the requirements of this section. SECTION 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, including-- (1) amounts necessary for U.S. Citizenship and Immigration Services to adjudicate applications for W nonimmigrant status; (2) amounts necessary for the Secretary to enhance and maintain the E-Verify system to accommodate mandatory participation by all employers; and (3) amounts necessary for Immigration and Customs Enforcement to investigate and enforce violations of the employment verification requirements. SECTION 7. EFFECTIVE DATE. (a) W Nonimmigrant Status.--The amendments made by section 4 shall take effect on the date that is 180 days after the date of enactment of this Act. (b) E-Verify Requirements.--The amendments made by section 5 shall take effect as provided in section 274A(b)(4)(D) of the Immigration and Nationality Act, as added by section 5(a) of this Act. ``` ---