50 This essay is largely based on David Bier, “State‐Sponsored Visas: New Bill Lets States Invite Foreign Workers, Entrepreneurs, and Investors,” Cato Institute Immigration Research and Policy Brief no. 2, May 11, 2017.
51 Nonimmigrant Classes, 8 C.F.R. § 214.2(h)(2) (2019).
52 Nonimmigrant Classes, 8 C.F.R. § 214 (2019).
53 David Bier, “Do Guest Workers Overstay? Not Often,” Niskanen Center, March 12, 2015.
54 Citizenship and Immigration Canada, Evaluation of the Provincial Nominee Program, September 2011.
55 “Facts & Figures 2015: Immigration Overview—Permanent Residents—Annual IRCC Updates,” Government of Canada, last modified May 3, 2017.
56 Brandon Fuller and Sean Rust, “State-Based Visas: A Federalist Approach to Reforming U.S. Immigration Policy,” Cato Institute Policy Analysis no. 748, April 23, 2014; “Subclass 188: Business Innovation and Investment (Provisional) Visa,” Department of Home Affairs, Australian Government, last updated March 5, 2020, https://www.border.gov.au/Trav/Visa‑1/188-; “Subclass 187: Regional Sponsored Migration Scheme Visa,” Department of Home Affairs, Australian Government, last updated March 5, 2020, https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/regional-sponsor-migration-scheme-187; “Subclass 190: Skilled Nominated Visa,” Department of Home Affairs, Australian Government, last updated March 5, 2020, https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-nominated-190; “Subclass 489: Skilled Regional (Provisional) Visa,” Department of Home Affairs, Australian Government, last updated March 5, 2020, https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-regional-provisional-489; and “Australian State Sponsored Visa: Skilled—Nominated (Provisional) Visa (subclass 489),” Australian Visa Bureau.
57 Department of Immigration and Border Protection, “2015–16 Migration Programme Report,” Australian Government, June 30, 2016, p. 11.
58 Roslyn Cameron, “Responding to Australia’s Regional Skill Shortages through Regional Skilled Migration,” Journal of Economic and Social Policy 14, no. 3 (2011): 4.
59 “Permanent Resident—Ad Hoc IRCC (Specialized Datasets),” Government of Canada, last modified March 3, 2018; and “Overseas Arrivals and Departures,” Department of Home Affairs, Australian Government, last updated February 26, 2020.
60 “Congress specifically preserved such authority for the States …,” Chamber of Commerce v. Whiting, 563 U.S. 582, 600–01 (2011).
61 U.S. Citizenship and Immigration Services, “EB‑5 Adjudications Policy,” PM-602‑0083, May 30, 2013; “Conrad 30 Waiver Program,” U.S. Citizenship and Immigration Services; Mark Spivey, “Report: Rural Health a Target for Harm by Trump Travel Ban,” RAC Monitor, February 8, 2017; and “About the SEVIS Help Hub,” Study in the States, Department of Homeland Security, last updated January 25, 2018.
62 Liz Robbins, “CUNY Schools to Lure Foreign Entrepreneurs with New Visa Program,” New York Times, February 17, 2016; “The Global Entrepreneur in Residence (GEIR) Program,” Innovation Institute, MassTech Collaborative, accessed March 10, 2020, https://innovation.masstech.org/projects-and-initiatives/global-entrepreneur-residence-pilot-program; and Colorado Law, “The University of Colorado Global Entrepreneurs in Residence Pilot Program,” University of Colorado Boulder, https://siliconflatirons.org/documents/newsletters/EIR%20Flyer.pdf.
63 Dirk Hegen, State Laws Related to Immigrants and Immigration (Washington: National Conference of State Legislatures, July 24, 2008); and Kirk Siegler, “Three Years On, Utah’s Immigrant Guest Worker Law Still Stalled,” NPR, July 31, 2014.
64 S.J.R. 12, 2011 Gen. Sess. (Ut. 2011); H.B. 469, 2011 Gen. Sess. (Ut. 2011); H.B. 466, 2011 Gen. Sess. (Ut. 2011); and H.B. 116, 100 Gen. Sess. (Ut. 2011).
65 Dirk Hegen, 2007 Enacted State Legislation Related to Immigrants and Immigration (Washington: National Conference of State Legislatures, January 31, 2008); “Kansas Seeks Waiver for Undocumented Workers to Solve Farm Crisis,” Fox News, last updated December 23, 2016; S.R. 715, 151st Gen. Assemb., Reg. Sess. (Ga. 2012); and Monica Davey, “Immigrants Seen as Way to Refill Detroit Ranks,” New York Times, January 23, 2014.
66 Jon Johnson, “Konopnicki’s Guest Worker Bill Passes Committee,” Eastern Arizona Courier, February 20, 2008; and Alex Nowrasteh, “Immigration Reform: Let the States Lead the Way,” op-ed, Los Angeles Times, June 16, 2015.
67 NewsOn6.com and Wire Reports, “Oklahoma State Senator Plans to Propose Guest Worker Program Bill,” News 9, December 14, 2012; H.B. 3735, 84th Leg., Reg. Sess. (Tx. 2015); and S.B. 14, 50th Leg., 2nd Sess. (Nm. 2012).
68 “Regional Data,” Bureau of Economic Analysis, U.S. Department of Commerce, accessed March 11, 2020, https://www.bea.gov/iTable/iTable.cfm?reqid=70&step=1&isuri=1&acrdn=2#reqid=70&step=1&isuri=1.
69 “Local Area Unemployment Statistics,” Bureau of Labor Statistics, Department of Labor.
70 David Rogers, “Senate Passes $787 Billion Stimulus Bill,” Politico, updated February 16, 2009.
71 American Farm Bureau Federation, “Statement by Bob Stallman, President, American Farm Bureau Federation, Regarding Final H2A Rule,” ImmigratonWorks USA, February 12, 2010.
72 “Occupational Employment Statistics,” Bureau of Labor Statistics, Department of Labor.
73 Bureau of Labor Statistics, Department of Labor, “Foreign-Born Workers: Labor Force Characteristics—2015,” news release no. USDL-16–0989, May 19, 2016, https://www.bls.gov/news.release/archives/forbrn_05192016.pdf.
74 Bureau of Labor Statistics, “Major Industries with Highest Employment, by State, 1990–2015,” TED: The Economics Daily, Department of Labor, August 5, 2016.
75 Jeffrey S. Passel and D’Vera Cohn, “Size of U.S. Unauthorized Immigrant Workforce Stable after the Great Recession,” Pew Research Center, November 3, 2016; and Bureau of Labor Statistics, Department of Labor, “Labor Force Characteristics—2015.”
76 State Sponsored Visa Pilot Program Act of 2017, S. 1040, 115th Cong. (2017); and State Sponsored Visa Pilot Program Act of 2019, H.R. 5174, 116th Cong. (2019).