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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 879
Introduced by Guereca, 7.
Read first time January 08, 2026
Committee: Business and Labor
A BILL FOR AN ACT relating to labor; to adopt the Guest Worker Permit1
Act. 2
Be it enacted by the people of the State of Nebraska,3
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Section 1. Sections 1 to 16 of this act shall be known and may be1
cited as the Guest Worker Permit Act. 2
Sec. 2. For purposes of the Guest Worker Permit Act:3
(1) Basic health insurance plan means a health plan that is4
actuarially equivalent to a federally qualified high deductible health5
plan; 6
(2) Conviction includes a plea or verdict of guilty or a conviction7
following a plea of nolo contendere. A conviction shall not be considered8
if it has been pardoned, expunged, or set aside; 9
(3) Department means the Department of Labor;10
(4) Employer means a person for whom an undocumented individual has11
agreed to perform services under a contract for hire;12
(5) Family member means: 13
(a) A spouse; 14
(b) A child, parent, grandparent, sibling, grandchild, nephew, or15
niece; or 16
(c) A spouse of any individual described in subdivision (5)(b) of17
this section; 18
(6) Guest worker permit means a permit issued under section 5 of19
this act; 20
(7) Immediate family member means: 21
(a) A spouse; or 22
(b) A child if the child is under twenty-one years of age and23
unmarried; 24
(8) Implementation date means the date provided for in subsection25
(3) of section 3 of this act; 26
(9) Permit means the guest worker permit or the immediate family27
permit provided for in section 6 of this act; 28
(10) Relevant contact information means: 29
(a) An individual's name, residential address, and personal30
telephone number and email address; 31
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(b) The name of the individual's employer, the name and telephone1
number of the employer's contact person, and the employer's address;2
(c) The names of an individual's immediate family members;3
(d) The names of other family members residing with the individual;4
and 5
(e) Any other information required by the department's rules and6
regulations; 7
(11) Serious bodily injury has the same meaning as in section8
28-109; 9
(12) Serious offense means: 10
(a) A felony violation of any of the following: Section 26-103,11
28-303, 28-304, 28-305, 28-306, 28-308, 28-309, 28-310.01, 28-311,12
28-311.01, 28-311.03, 28-311.08, 28-313, 28-314, 28-316.01, 28-319,13
28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.02, 28-322.03, 28-322.04,14
28-322.05, 28-323, 28-324, 28-386, 28-391, 28-392, 28-393, 28-394,15
28-397, 28-398, 28-502, 28-503, 28-507, 28-627.03, 28-703, 28-707,16
28-831, 28-833, 28-904, 28-905, 28-912, 28-929, 28-930, 28-931,17
28-931.01, 28-932, 28-933, 28-934, 28-1005, 28-1009, 28-1105.01, 28-1205,18
28-1212.02, 28-1212.04, 28-1221, 28-1222, 28-1223, 28-1224, 28-1351,19
28-1463.03, 28-1463.05, 28-1803, 28-1804, or 28-1805;20
(b) An offense which is a Class IIIA felony or higher and which21
includes, as an element of the offense: 22
(i) Sexual contact or sexual penetration; or 23
(ii) The threat to inflict serious bodily injury upon or cause the24
death of another person, the infliction of serious bodily injury upon25
another person, or causing the death of another person;26
(c) An offense that consists of attempt, conspiracy, being an27
accessory to, or aiding and abetting a felony with any of the offenses28
described in subdivision (12)(a) or (b) of this section as the underlying29
offense; or 30
(d) A felony offense under federal law or the laws of another31
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jurisdiction in the United States that is substantially equivalent to an1
offense described in subdivision (12)(a), (b), or (c) of this section;2
(13) Sexual contact and sexual penetration have the same meanings as3
in section 28-318; and 4
(14) Undocumented individual means an individual who:5
(a) Lives or works in this state; and 6
(b) Is not in compliance with the federal Immigration and7
Nationality Act, 8 U.S.C. Sec. 1101 et seq., with regard to presence in8
the United States. 9
Sec. 3. (1) The department, under the direction of the Governor,10
shall seek any federal waivers, exemptions, or authorizations necessary11
to implement the Guest Worker Permit Act. 12
(2) The Governor shall actively participate in the department's13
efforts to obtain any such federal waivers, exemptions, or14
authorizations. 15
(3) The department shall implement the act beginning upon the sooner16
of: 17
(a) One hundred twenty days after the day on which the Governor18
finds that the state has received any necessary federal waivers,19
exemptions, or authorizations; or 20
(b) July 1, 2028. 21
Sec. 4. (1) This section applies beginning on the implementation22
date. 23
(2) An undocumented individual shall obtain a permit:24
(a) Before providing services to a person in this state under a25
contract for hire; or 26
(b) No later than thirty days after the day on which the27
undocumented individual enters into a contract for hire as provided in28
subsection (3) of this section. 29
(3)(a) The department shall provide a procedure under which a person30
may hire an undocumented individual who does not hold a permit pending31
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the undocumented individual obtaining a permit within thirty days after1
the day on which the undocumented individual is hired to provide2
services. 3
(b) An undocumented individual shall not provide services under a4
contract for hire to a person for more than thirty days during a two-year5
calendar period without obtaining a permit. 6
(4) Subject to subsection (5) of this section, a permit is7
considered an identification document and may be used as identification8
or proof of the permitholder's age for any state or local government9
purpose. 10
(5) An undocumented individual shall not use a permit:11
(a) To establish entitlement to a federal, state, or local benefit;12
or 13
(b) To obtain work or provide services in a state other than14
Nebraska. 15
(6) A permitholder is not eligible for benefits under the Employment16
Security Law. 17
Sec. 5. (1) To be eligible to obtain or maintain a guest worker18
permit, an undocumented individual shall: 19
(a) Be eighteen years of age or, if younger, have the written20
permission of a parent or guardian; 21
(b) Reside in Nebraska; 22
(c) Have worked or lived in Nebraska before July 1, 2028;23
(d) Not have been convicted of a serious offense.24
(2) Beginning on the implementation date, an undocumented individual25
may apply to the department for initial issuance or renewal of a guest26
worker permit by submitting an application to the department in the form27
and manner prescribed by the department. The application shall contain:28
(a) The individual's relevant contact information;29
(b) A statement that the individual satisfies the requirements of30
subsection (1) of this section and any supporting documentation required31
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by the department's rules and regulations; 1
(c) Documentation of a contract for hire under which the individual2
has provided services as provided in subdivision (2)(b) of section 4 of3
this act or under which the individual will begin providing services no4
later than thirty days after receipt of the permit;5
(d) Documentation satisfactory to the department that the individual6
would not be inadmissible on public health grounds under 8 U.S.C. 1182;7
(e) Documentation that the individual is covered by a basic health8
insurance plan or evidence satisfactory to the department that the9
individual has no medical debt that is past due and agrees to have no10
medical debt that is past due during the term of the permit;11
(f) Proof that the individual holds an authorization to operate a12
motor vehicle in this state in accordance with state and federal law or13
evidence satisfactory to the department that the individual will not14
operate a motor vehicle in this state; 15
(g) An oath, affirmation, or statement to the effect that the16
representations in the application are true as far as the individual17
knows or should know; and 18
(h) Any other information as prescribed by the rules and regulations19
of the department. 20
(3) An applicant for initial issuance or renewal of a guest worker21
permit shall also submit two legible sets of fingerprints to be furnished22
to the Federal Bureau of Investigation through the Nebraska State Patrol23
for a national criminal history record information check and the fee for24
such record check payable to the patrol. The applicant shall authorize25
release of the national criminal history record information check to the26
department. 27
(4) An application for issuance or renewal of a guest worker permit28
shall be accompanied by a fee in an amount determined by the department,29
not to exceed fifty dollars. 30
(5)(a) For an application for initial issuance of a guest worker31
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permit, an applicant shall also agree to pay the department a fee in an1
amount of: 2
(i) One thousand dollars if the applicant entered into the United3
States legally, but at the time of paying the fee is not in compliance4
with the Immigration and Nationality Act, 8 U.S.C. 1101 et seq., with5
regard to presence in the United States; or 6
(ii) Two thousand five hundred dollars if the applicant entered into7
the United States illegally. 8
(b) The department shall by rule and regulation provide options for9
payment of the fee required in this subsection by installments. The10
department shall not charge interest or a fee for electing to pay by11
installments. 12
(c) The department may issue a guest worker permit if the applicant13
has agreed to pay the fee provided for in this subsection. If the14
applicant defaults on payments of such installments, the guest worker15
permit shall be revoked. 16
(6) An application for renewal of a guest worker permit shall17
include documentation that the applicant is making efforts to comply with18
section 10 of this act. 19
(7)(a) If a federal waiver, exemption, or authorization under20
section 3 of this act so provides, the department shall also require an21
applicant for initial issuance of a guest worker permit to:22
(i) Post a bond with the department in the amount of ten thousand23
dollars against which the department may bring an action for a violation24
of the Guest Worker Permit Act; or 25
(ii) Provide written certification by the applicant's country of26
origin of a guarantee of compliance with the act in accordance with rules27
and regulations of the department. If a significant percentage of guest28
workers who submit a guarantee under this subdivision from a specific29
country cannot be located during or after the term of a guest worker30
permit, the department shall not accept a guarantee of compliance from31
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such country. 1
(b) The department shall adopt and promulgate rules and regulations2
to carry out this subsection. 3
Sec. 6. (1) To be eligible to obtain or maintain an immediate4
family permit, an undocumented individual shall: 5
(a) Reside in Nebraska; and 6
(b) Be an immediate family member of a guest worker permitholder.7
(2) Beginning on the implementation date, an undocumented individual8
may apply to the department for initial issuance or renewal of an9
immediate family permit by submitting an application to the department in10
the form and manner prescribed by the department. The application shall11
contain: 12
(a) The individual's relevant contact information;13
(b) A statement that the individual satisfies the requirements of14
subsection (1) of this section and any supporting documentation required15
by the department's rules and regulations; 16
(c) An oath, affirmation, or statement to the effect that the17
representations in the application are true as far as the individual18
knows or should know; and 19
(d) Any other information as prescribed by the rules and regulations20
of the department. 21
(3) An application for issuance or renewal of an immediate family22
permit shall be accompanied by a fee in an amount determined by the23
department, not to exceed twenty dollars. 24
(4)(a) For an application for initial issuance of an immediate25
family permit, an applicant shall also agree to pay the department a fee26
in an amount of: 27
(i) One thousand dollars if the applicant entered into the United28
States legally, but at the time of paying the fee is not in compliance29
with the Immigration and Nationality Act, 8 U.S.C. 1101 et seq., with30
regard to presence in the United States; or 31
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(ii) Two thousand five hundred dollars if the applicant entered into1
the United States illegally. 2
(b) The department shall by rule and regulation provide options for3
payment of the fee required in this subsection by installments. The4
department shall not charge interest or a fee for electing to pay by5
installments. 6
(c) The department may issue an immediate family permit if the7
applicant has agreed to pay the fee provided for in this subsection. If8
the applicant defaults on payments of such installments, the permit shall9
be revoked. 10
(5) An application for renewal of an immediate family permit shall11
include documentation that the applicant is making efforts to comply with12
section 10 of this act. 13
Sec. 7. (1) Within thirty days after receipt of an application14
under section 5 or 6 of this act, the department shall either issue or15
renew a permit or give written notice of denial. 16
(2) An application shall only be denied if: 17
(a) The application fails to include the information and materials18
required by section 5 or 6 of this act or does not meet the requirements19
of such sections; or 20
(b) The applicant knowingly makes a false statement of material fact21
in the application. 22
(3) If the application is denied, the notice of denial shall state23
the reason issuance or renewal was denied. 24
(4) A denial under this section may be appealed. The appeal shall be25
in accordance with the Administrative Procedure Act.26
Sec. 8. (1) A permit shall be valid for two years from the date of27
issuance. 28
(2) The department shall provide for the design of a permit card.29
The permit card shall: 30
(a) Be of impervious material that is resistant to wear or damage;31
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(b) Contain design features that minimize the risk that the permit1
may be forged, falsified, or counterfeited; 2
(c) Contain a photograph of the permitholder; and3
(d) Prominently state the expiration date of the permit and the type4
of permit. 5
Sec. 9. (1) A permitholder shall continue to meet the eligibility6
criteria under section 5 or 6 of this act. 7
(2) A permitholder shall regularly update his or her relevant8
contact information when it changes or as prescribed by the department.9
(3) The department shall revoke a permit if: 10
(a) The permitholder is convicted of a serious offense;11
(b) For a guest worker permit, the permitholder does not provide12
services under a contract for hire for more than one year; or13
(c) For an immediate family permit, the revocation or expiration of14
the guest worker permit under which the immediate family member's permit15
was issued. 16
Sec. 10. A permitholder shall make a good faith effort to become17
proficient in the English language at or above the equivalent to an18
intermediate level on a language proficiency assessment test used by the19
State Board of Education for purposes of secondary school students.20
Sec. 11. (1)(a) If a permitholder is not issued a social security21
number, the Department of Revenue shall provide a means for a person who22
receives services from a permitholder to withhold an income tax23
equivalent from compensation paid to the permitholder.24
(b) For purposes of this subsection, income tax equivalent means an25
amount to be determined by the Department of Revenue, by rule and26
regulation, that as closely as possible equals the income taxes that27
would be imposed by state law if a permitholder were an employee with a28
social security number. 29
(c) The Department of Revenue shall, to the extent feasible, work30
with federal agencies to ensure that the withholding provided for in this31
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subsection is compatible with federal law and procedures.1
(2)(a) The Department of Revenue shall impose a fee on a person who2
hires a permitholder as an employee in accordance with this subsection.3
(b) The fee provided for in this subsection shall apply if, as of4
the implementation date, the federal government does not collect or5
provide for the withholding of federal employment taxes from undocumented6
individuals. The Department of Revenue shall cease collection of the fee7
ending the last day of the calendar quarter in which the federal8
government begins to collect or provide for the withholding of federal9
employment taxes from undocumented individuals. 10
(c) The Department of Revenue shall set the fee equal to the amount11
that, as closely as possible, equals the federal employment taxes that12
would be imposed by federal law if the permitholder were hired as an13
employee with a Social Security number. 14
(d) The Department of Revenue shall by rule and regulation determine15
the methods of assessing and collecting such fee. 16
Sec. 12. (1) The department shall by rule and regulation develop a17
verification procedure that allows an employer to verify that a permit is18
valid. Such procedure shall: 19
(a) Be substantially similar to the employer requirements to verify20
federal employment status under the federal E-Verify program; and21
(b) Provide that an undocumented individual may appeal a22
determination that a permit is invalid. 23
(2) The department shall not be liable in a civil action for damages24
relating to: 25
(a) The design, implementation, or operation of a verification26
procedure under this section; 27
(b) The collection and disclosure of information as part of such28
verification procedure; or 29
(c) The determination that a permit is invalid.30
(3) For purposes of this section, E-Verify means the electronic31
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verification of the work authorization program of the Illegal Immigration1
Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, or an2
equivalent federal program designated by the United States Department of3
Homeland Security or other federal agency authorized to verify the work4
eligibility status of a newly hired employee pursuant to the Immigration5
Reform and Control Act of 1986. 6
Sec. 13. (1) The department shall maintain the confidentiality of7
information obtained from an undocumented individual under the Guest8
Worker Permit Act. Such information shall not be a public record under9
sections 84-712 to 84-712.09. 10
(2) The department may disclose such information:11
(a) To the Auditor of Public Accounts for purposes of conducting an12
audit; 13
(b) To the Department of Revenue for purposes of carrying out14
section 11 of this act; 15
(c) To a federal agency pursuant to a waiver, exemption, or16
authorization described in section 3 of this act; and17
(d) As otherwise necessary to carry out the act.18
Sec. 14. (1) A person shall not: 19
(a) Furnish false or forged information or documentation in support20
of an application under the Guest Worker Permit Act;21
(b) Alter the information on a permit; 22
(c) If the person is a guest worker permitholder, be reported absent23
from work for ten consecutive days without the approval of his or her24
employer; 25
(d) Allow an individual to use a permit if the individual is not26
entitled to use the permit; 27
(e) Display or represent that a permit is issued to an individual,28
if the permit is not issued to the individual; 29
(f) Display a revoked permit as a valid permit;30
(g) Knowingly or with reckless disregard acquire, use, display, or31
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transfer an item that purports to be a valid permit, but that is not a1
valid permit; or 2
(h) Otherwise violate the Guest Worker Permit Act.3
(2) For a violation of this section, the department may:4
(a) Suspend, limit, or revoke and repossess a permit; and5
(b) Impose a civil penalty not to exceed seven hundred fifty dollars6
for each violation, except that a civil penalty shall not be imposed for7
a violation of subdivision (1)(c) of this section. 8
(3) A person shall be guilty of a Class II misdemeanor if the9
person: 10
(a) Furnishes false or forged information or documentation in11
support of an application under the Guest Worker Permit Act; or12
(b) Alters the information on a permit. 13
Sec. 15. (1) If the department determines that an undocumented14
individual's permit has been revoked or that an undocumented individual's15
permit has expired but the individual continues to reside in this state,16
the department shall notify the Attorney General and United States17
Immigration and Customs Enforcement of such fact as well as the last18
known address of the individual. 19
(2) If a revocation is being appealed, the notice under this section20
shall not be sent unless the appeal has been resolved against the21
individual. 22
Sec. 16. (1) The department may adopt and promulgate rules and23
regulations as necessary to carry out the Guest Worker Permit Act.24
(2) In implementing the act, the department shall cooperate with25
other state agencies to minimize any duplication in databases or services26
required under the act. 27
(3) The department shall remit any fees collected under the act to28
the State Treasurer for credit to the General Fund.29
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