12-02-2025
Bipartisan ‘Guest Worker' bill filed to have immigrants work in GA, resolve labor shortages
A bipartisan group of Georgia state lawmakers filed legislation to authorize the labor department to create a 'guest worker' program to bring qualified immigrants in to work in areas that have labor shortages.
House Bill 82, the Georgia Guest Worker Act, would order the Georgia Department of Labor to create a state-administered worker program for non-Americans, subject to federal rules and regulations.
The bill was introduced amid a widespread crackdown on undocumented migrants across the United States ordered by President Donald Trump. In the weeks since he took office, Trump's immigration policies have led to multiple instances of what critics call raids by U.S. Immigration and Customs Enforcement agents, including in the metro Atlanta area.
According to the legislative text for HB 82, the bill is aimed at filling positions in areas with labor shortages by hiring 'willing citizens of other nations to perform work in this state for limited periods of time.'
Under the provisions of HB 82, guest workers are 'citizens of another country allowed to work in this state pursuant to the program established by this chapter.' It also sets multiple requirements for the program to launch.
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Before the Georgia Commissioner of Labor can even get the ball rolling on making this program, if the bill passes, a study would have to be done first to determine if there is a labor shortage in Georgia, and which industries are impacted, as well as the scope of the shortage.
Should the study by the Labor Commissioner show that there is an 'insufficient number of qualified citizens of the United States or persons who are citizens of other countries who are legally present,' to work in the open positions in Georgia for particular industries, and giving jobs to workers from outside the U.S. won't have a negative impact on other workers, then the program can move forward.
Part of the process will include the Commissioner determining the 'magnitude' of the shortage and how many guest workers would be needed to work the industries and jobs where the shortage exists.
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As far as who is not allowed to participate in the program, the bill sets limits on those who have:
Been previously refused admission to the United States
Been deported from the United States
Been convicted of a felony or crime involving moral turpitude or which would count as reckless driving or driving under the influence in Georgia
Does not meet qualifications for entry into the U.S. set by the federal government
Additionally, if a guest worker is hired and is a participant in the program, they may only bring immediate family members, limited to the worker's spouse and minor children.
For companies interested in hiring workers through the guest program, there are also conditions included in the proposal.
Companies will have to:
Pay fees to the Department of Labor to offset administrative costs
Recruit guest workers only if they have valid visas
Provide health insurance for guest workers or make sure they are maintaining and have health insurance while in Georgia. This will include any family members the worker brings with them
Provide worker's compensation insurance for injuries or diseases arising from the employment. If the work they do is not covered by worker's compensation, the company must supply the worker with coverage at no cost to them
Provide all tools, supplies and equipment to perform work without charge or deposit charges
Provide housing to worker and family either through rental, from the employer directly or through available public housing
Provide three meals to worker per day, if required by law, or furnish free and convenient cooking and kitchen facilities to have workers prepare their own meals and include related information and costs in the work offer given
Pay guest workers the Adverse Effect Wage Rate or more set by the U.S. Department of Labor ($2,058.31 per month), the minimum wage of the State, or the federal minimum wage, whichever is highest per hour of work
Pay cost of worker transport and include terms in the employment contract, including for transport to and from housing to work locations
Ensure taxes are paid
Inform GDOL if a worker abandons their employment within three days of abandonment
Family members of those employed through the proposed guest worker program are also eligible for a year with options for renewal in one-year increments.
Renewal applications for guest workers to remain in the jobs they're working must be filed between 30 and 60 days of the termination date of the existing authorization and workers are allowed to continue working while the Labor Department decides whether or not to allow renewal.
GDOL must also provide legal identification cards with photographs of the individuals to each guest worker and family member present in Georgia and they must keep those identifications on them at all times and display them upon request by officials and law enforcement officers.
Visas issued to workers may be used instead of a state ID card.
Companies that violate the provisions of the Georgia Guest Worker Act would face fines of up to $5,000 for each violation. Participants who fail or refuse to return to their home country within 30 days of their employment's end will face up to five years in prison or a fine of up to $10,000, if not both.
Should the Georgia Attorney General find that the proposed program is lawful, after passage in the General Assembly, the bill would take effect on the first day of the third month after the AG's finding.
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