H.R. 5398

Immigration for a Competitive America Act of 2016

This bill amends the Immigration and Nationality Act to reduce the annual cap for family-sponsored immigrants and increase the annual cap for certain employment-sponsored immigrants.

The Department of Homeland Security (DHS) shall establish an employment eligibility verification system (EEVS), patterned after the E-Verify system. (The current paper-based I-9 system is eliminated.)

An employer shall verify that an individual is not an unauthorized alien by: (1) obtaining the individual's social security account number, and (2) examining an individual's identity and work authorization documents.

An individual shall attest that he or she is a U.S. citizen or national, a lawful permanent resident, or an alien authorized to work in the United States.

The bill establishes a phased-in EEVS participation deadline for different categories of employers, including agricultural employers.

The bill requires reverification of certain workers who have not been verified under E-verify.

An employer may voluntarily reverify employees.

Employment recruitment and referral are included within the scope of EEVS.

The bill provides for the establishment of programs to: (1) block the use of misused social security numbers, and (2) suspend or limit the use of social security numbers of victims of identity fraud.

DHS shall establish: (1) a program under which parents or legal guardians may suspend or limit the use of the social security account number or other identifying information of a minor for the purposes of the employment eligibility verification system, and (2) an Identity Authentication Employment Eligibility Verification pilot program to provide employers with identity authentication and employment verification of enrolled new employees.

The Internal Revenue Code is amended to: (1) deny an earned income tax credit and a child care credit to an alien receiving work authorization pursuant to a deferred removal action; and (2) require an individual to include his or her social security number on his or her tax return in order to receive a child tax credit.

The Department of State shall suspend all U.S. foreign assistance to Mexico, Honduras, Guatemala, and El Salvador, except for assistance under the international narcotic control law enforcement program.

The annual H-2B visa (temporary nonagricultural workers) cap is increased.

A specified Department of Labor rule regarding temporary employment certification for nonimmigrant seasonal agricultural workers and enforcement of employer contractual obligations applicable to such workers shall cease to have effect and an earlier Labor rule relating to such matters shall resume effect.

No visa may be issued under this bill unless DHS certifies to Congress that the issuance of such visa would not result in a U.S. security threat.