President Bush proposed a new temporary worker program on January 6, 2004 that would provide work authorization to undocumented foreign nationals currently living in the United States, as well as new foreign workers. Although many details of the proposed program have not been released, the White House said a worker taking advantage of the program will be able to travel outside the United States and return using a temporary worker card. At present, undocumented workers who leave the United States are subject to bars on reentry and are generally ineligible for permanent residence. President Bush said that participants in the new program would not be precluded from becoming permanent residents, but that their applications would be "placed in line behind those already waiting."

Employers seeking to hire temporary workers under the new program will first have to make every reasonable effort to find an American to fill the job. President Bush said temporary workers will be granted lawful status for an initial 3-year period, that may be renewed. At the end of their lawful period of stay, temporary workers will be expected to return to their home country.

More details on the program will emerge as the White House begins working with Congress to develop specific legislation. Once the legislation is drafted, it will need to be ratified by both houses of Congress and signed into law by the President before the proposed benefits are available to the public. It is also likely that the Department of Homeland Security will need to promulgate regulations further specifying application procedures before workers and employers can take advantage of the program.

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