Rio Grande Valley lawmaker to propose new immigrant worker visa program for small businesses

U.S. Rep. Vicente Gonzalez, D-McAllen, expects to soon file legislation in Washington D.C. that could enable small businesses to sponsor long-time employees in a new worker visa program. 

The Save the American Workforce Act would open the door for companies to sponsor undocumented immigrants who have been in the U.S. for at least five years and have no criminal record. That includes driving under the influence, or DUI, offenses. Each worker would pay a $1,000 administrative penalty for breaking immigration law. 

The program would not offer any pathway to U.S. citizenship for workers, but rather allow a temporary three-year long visa and offer temporary legal status to unmarried children of eligible workers under 21 years old. The three-year visa can be renewed at least three times. Any worker who seeks to change jobs during the visa program would have 180 days to have a new employer sponsor them and file the paperwork for that position. 

U.S. Rep. Gonzalez drafted the legislation in response to U.S. Immigration and Customs Enforcement agents targeting immigrants at work, especially in agriculture, construction, and the hospitality industry, according to a memo he shared with local business leaders. 

In the Rio Grande Valley, hundreds of business owners in the construction industry recently met with elected officials to discuss potential solutions to the workforce shortage as ICE raids have swept up workers on the job at construction sites. 

The mid-November meeting was hosted by the South Texas Builders Association in response to yet another viral video of workers being removed from a job site – even workers with legal status – by federal law enforcement. 

The South Texas Builders Association plans to meet again at the Brookhaven Event Center in Pharr on January 16 to review any legislative changes at the local, state, or federal level. 

“Perhaps we can look for a way to give [workers] support to them to be more prepared whether they have their documents with them or not. Maybe there’s legislation that can support them, where they can be here offering their skills and be able to find a way to work here legally, that’s what we were asking if it’s possible,” said Emigidio Villanueva, founder of Villa Homes RGV and board member of the South Texas Builders Association. “We believe that our political leaders, either local, state or congressmen; they may consider that this situation is difficult; there are many people who need that support to be here legally in order to work. Many of these people are not looking to become citizens. What they want is to be able to work, and they are already here ready to move forward.” 

Nationwide, it’s estimated that 1.5 million workers from the construction industry, 224,700 workers in agriculture, 460,500 workers in transportation and warehousing, 870,400 workers in the manufacturing sector, 500,800 workers at service companies, like auto repair and barber shops are undocumented and are at risk of being deported under new enforcement policies under the Trump administration, according to the memo. 

“Both parties know our current immigration system is broken. This bill is a commonsense solution that moves the needle forward and helps struggling American businesses prosper while creating a temporary path for those who want to contribute to our country in a lawful manner and without fear of deportation,” said Gonzalez in the memo. “Together we can work to protect American businesses and grow our workforce.”

If adopted, the law would create a new visa program for foreign nationals connected to employment. 

The H-2A visa program enables U.S. employers to hire temporary workers in agriculture for seasonal jobs if they provide housing, transportation, pay a minimum prevailing wage, and prove that there are no American citizens seeking those jobs. 

The H-2B visa program enables U.S. companies to hire temporary workers in industries other than agriculture, such as hospitality or construction – the rules are similar to the H-2A visa program. 

The H-1B visa program is earmarked for employers seeking work visas for workers with specialized skills, such as technology or manufacturing.