Bill > LB879

This bill, titled the Guest Worker Permit Act, establishes a system for undocumented individuals residing or working in Nebraska to obtain permits, allowing them to legally provide services under a contract for hire. The Department of Labor, with the Governor's active participation, will seek federal waivers and authorizations to implement the act, which will take effect by July 1, 2028, or sooner if federal approvals are obtained. To be eligible for a guest worker permit, an individual must be at least 18 years old (or have parental consent if younger), reside in Nebraska, have lived or worked in the state before July 1, 2028, and not have been convicted of a "serious offense," which includes various felonies and offenses involving violence or sexual contact. Applicants must provide contact information, proof of residency and prior work/residence in Nebraska, documentation of a contract for hire, evidence of basic health insurance or no past-due medical debt, and potentially proof of authorization to operate a vehicle. Significant fees are required for initial permits, with higher amounts for those who entered the U.S. illegally, though installment payment options are available. The act also allows for "immediate family permits" for spouses and children under 21 of guest worker permitholders, with similar residency requirements but different eligibility criteria and lower fees. Permits are valid for two years and can be used as identification for state and local government purposes, but not for federal benefits or work in other states. Permitholders are not eligible for unemployment benefits and must make a good-faith effort to become proficient in English. The bill also outlines procedures for employers to verify permit validity, similar to the federal E-Verify program, and mandates the confidentiality of applicant information, with specific exceptions for audits, tax purposes, and federal agencies. Violations of the act can result in permit suspension or revocation, civil penalties, and criminal charges for fraud or forgery. The Department of Revenue will also implement a system for withholding income tax equivalents for permitholders who do not have a Social Security number and may impose a fee on employers if the federal government does not collect federal employment taxes from undocumented individuals.

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https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=63208