I 

116TH CONGRESS 

1ST SESSION H. R. 5174 

To amend the Immigration and Nationality Act to provide for a Statesponsored nonimmigrant pilot program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2019 

Mr. CURTIS introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committees on Education and 

Labor, Ways and Means, Agriculture, Financial Services, and Energy and 

Commerce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Immigration and Nationality Act to provide 

for a State-sponsored nonimmigrant pilot program, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘State Sponsored Visa 

5 Pilot Program Act of 2019’’. 

6 SEC. 2. STATE-SPONSORED NONIMMIGRANT PROGRAM. 

7 Section 101(a)(15) of the Immigration and Nation8 ality Act (8 U.S.C. 1101(a)(15)) is amended— 


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1 (1) in subparagraph (U)(iii), by striking the 

2 ‘‘or’’ at the end; 

3 (2) in subparagraph (V), by striking the period 

4 at the end and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(W)(i) an alien who is sponsored by a 

7 State and who is coming temporarily to the 

8 United States to reside in the State to perform 

9 services, provide capital investment, direct the 

10 operations of an enterprise, or otherwise con11 tribute to the economic development agenda of 

12 the State in a manner determined by the State; 

13 and 

14 ‘‘(ii) the alien spouse and minor children of 

15 any alien described in clause (i).’’. 

16 SEC. 3. ADMISSION OF STATE-SPONSORED NON17 IMMIGRANTS. 

18 (a) REQUIREMENTS FOR STATE-SPONSORED NON19 IMMIGRANTS.—Section 214 of the Immigration and Na20 tionality Act (8 U.S.C. 1184) is amended— 

21 (1) in subsection (h), by striking ‘‘(H)(i)(b) or 

22 (c), (L), or (V)’’ and inserting ‘‘(H)(i)(b), (H)(i)(c), 

23 (L), (V), or (W)’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(s) REQUIREMENTS APPLICABLE TO STATE-SPON2 SORED NONIMMIGRANT VISAS.— 

3 ‘‘(1) DEFINITIONS.—In this subsection: 

4 ‘‘(A) RESIDE.—The term ‘reside’ means to 

5 live and establish a residence in a State for a 

6 consecutive period of more than 14 days (not 

7 including any period after the approval of the 

8 resident’s petition for immigrant status). 

9 ‘‘(B) SECRETARY.—Except as otherwise 

10 specifically provided in this subsection, the term 

11 ‘Secretary’ means the Secretary of Homeland 

12 Security. 

13 ‘‘(C) STATE.—Notwithstanding section 

14 101(a)(36), the term ‘State’ means a State of 

15 the United States and the District of Columbia. 

16 ‘‘(D) STATE-SPONSORED NON17 IMMIGRANT.—The term ‘State-sponsored non18 immigrant’ means an alien who has been spon19 sored by a State for admission under section 

20 101(a)(15)(W). 

21 ‘‘(E) STATE-SPONSORED NONIMMIGRANT

22 PROGRAM.—The term ‘State-sponsored non23 immigrant program’ means a nonimmigrant 

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1 ment, and residence of State-sponsored non2 immigrants. 

3 ‘‘(F) STATE-SPONSORED NONIMMIGRANT

4 STATUS.—The term ‘State-sponsored non5 immigrant status’ means status granted to an 

6 alien admitted as a nonimmigrant pursuant to 

7 section 101(a)(15)(W). 

8 ‘‘(2) STATE-SPONSORED NONIMMIGRANT PRO9 GRAM.—Any State may submit an application to the 

10 Secretary to participate in the State-sponsored non11 immigrant program by sponsoring aliens for admis12 sion to the United States. 

13 ‘‘(3) STATE-SPONSORED NONIMMIGRANT PRO14 GRAM APPROVAL.—The Secretary shall approve any 

15 application submitted by a State (or compact of 

16 States) under paragraph (2) for a State-sponsored 

17 nonimmigrant program that— 

18 ‘‘(A) was approved by the legislature of the 

19 State; 

20 ‘‘(B) regulates, in a manner determined by 

21 the State, the employment and residence of 

22 State-sponsored nonimmigrants; 

23 ‘‘(C) implements procedures, in a manner 

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1 ply with the terms of State-sponsored non2 immigrant status when the State is made aware 

3 of such failure; 

4 ‘‘(D) allows, in a manner determined by 

5 the State, a State-sponsored nonimmigrant who 

6 has been admitted to seek employment with an 

7 employer other than the employer with which 

8 the nonimmigrant was initially employed; and 

9 ‘‘(E) implements procedures, in a manner 

10 determined by the Secretary, to annually inform 

11 the Secretary of the address and employment of 

12 all State-sponsored nonimmigrants residing in 

13 the State. 

14 ‘‘(4) STATE PETITION.— 

15 ‘‘(A) IN GENERAL.—A State that partici16 pates in the State-sponsored nonimmigrant pro17 gram shall submit a petition in such form and 

18 containing such information as the Secretary 

19 shall specify to sponsor an alien under this sub20 section. 

21 ‘‘(B) APPROVAL.—A visa may not be 

22 granted to an alien described in subparagraph 

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1 proval does not, of itself, establish that the 

2 alien is a nonimmigrant. 

3 ‘‘(C) FEE.—A State that submits a peti4 tion under subparagraph (A) shall pay a fee in 

5 amount determined by the Secretary to cover 

6 the cost of the adjudication of the application. 

7 ‘‘(5) STATE-SPONSORED NONIMMIGRANTS.— 

8 The Secretary of State shall approve a non9 immigrant visa for an alien and the Secretary of 

10 Homeland Security shall admit the alien to the 

11 United States as a State-sponsored nonimmigrant or 

12 grant State-sponsored nonimmigrant status to the 

13 alien if the alien— 

14 ‘‘(A) is otherwise admissible under this 

15 Act; 

16 ‘‘(B) has not been convicted of a felony, 

17 any crime of violence (as defined in section 16 

18 of title 18, United States Code), or any crime 

19 of reckless driving or of driving while intoxi20 cated or under the influence of alcohol or of 

21 prohibited substances; 

22 ‘‘(C) is petitioned for by a State that par23 ticipates in the State-sponsored nonimmigrant 

24 program approved by the Secretary under para25 graph (3); 


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1 ‘‘(D) has not previously violated any term 

2 or condition of State-sponsored nonimmigrant 

3 status; and 

4 ‘‘(E) has paid any bond that the State may 

5 require under paragraph (13). 

6 ‘‘(6) PERIOD OF AUTHORIZED STATUS.— 

7 ‘‘(A) IN GENERAL.—The period of author8 ized status for a State-sponsored nonimmigrant 

9 shall be a period determined by the State, but 

10 may not exceed 3 years. 

11 ‘‘(B) RENEWAL.— 

12 ‘‘(i) LOCATION.—Subject to clause 

13 (ii), the period of authorized status under 

14 subparagraph (A) shall be renewable inside 

15 or outside of the United States. 

16 ‘‘(ii) CONDITION.—Renewals under 

17 clause (i) may be granted only if— 

18 ‘‘(I) the sponsoring State re19 quests such renewal; and 

20 ‘‘(II) the State-sponsored non21 immigrant has resided continuously in 

22 such sponsoring State, or States sub23 ject to an interstate compact (not in24 cluding any period of residence after 

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1 grant status of which the alien is a 

2 beneficiary). 

3 ‘‘(C) TERMINATION.—The Secretary shall 

4 terminate the period of authorized status if— 

5 ‘‘(i) the State-sponsored non6 immigrant resides or works outside of the 

7 State, or States subject to an interstate 

8 compact under paragraph (7), that spon9 sored the alien; 

10 ‘‘(ii) the State-sponsored non11 immigrant fails to follow all rules and reg12 ulations required by the State, as deter13 mined by the State (following any appeals 

14 process the State may create); or 

15 ‘‘(iii) the State that sponsored the 

16 nonimmigrant requests that the status of 

17 the nonimmigrant be terminated (following 

18 any appeals process the State may create) 

19 unless another State sponsors the non20 immigrant. 

21 ‘‘(D) EMPLOYMENT AUTHORIZATION.— 

22 ‘‘(i) IN GENERAL.—All aliens admit23 ted as State-sponsored nonimmigrants 

24 under section 101(a)(15)(W)— 


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1 ‘‘(I) shall be authorized for em2 ployment for purposes of section 

3 274A; and 

4 ‘‘(II) shall be issued appropriate 

5 documentation evidencing such au6 thorization. 

7 ‘‘(ii) STATE REGULATION.—Notwith8 standing clause (i), the employment of 

9 State-sponsored nonimmigrants may be 

10 regulated in a manner determined by each 

11 State that participates in the State-spon12 sored nonimmigrant program. 

13 ‘‘(7) STATE COMPACTS.— 

14 ‘‘(A) IN GENERAL.—States may enter into 

15 interstate compacts for the joint implementa16 tion or administration of the State-sponsored 

17 nonimmigrant program in such States. 

18 ‘‘(B) CONSIDERATION.—A State-sponsored 

19 nonimmigrant shall be considered to be spon20 sored by a State if the State-sponsored non21 immigrant is sponsored by any State subject to 

22 an interstate compact under subparagraph (A) 

23 and resides in any such State. 

24 ‘‘(8) APPEALS.— 


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1 ‘‘(A) FEDERAL APPEALS.—The denial of 

2 an application by a State to be a State-spon3 sored nonimmigrant or the request to terminate 

4 the period of authorized status by a State— 

5 ‘‘(i) is not reviewable by any Federal 

6 department, agency, or court; and 

7 ‘‘(ii) may not be grounds for an ap8 peal of a termination of a visa or status 

9 for a State-sponsored nonimmigrant. 

10 ‘‘(B) STATE APPEALS.—At the sole discre11 tion of the State and in a manner determined 

12 by the State, a State that participates in the 

13 State-sponsored nonimmigrant program may 

14 create a process for a State-sponsored non15 immigrant or an alien that has applied for par16 ticipation in the State-sponsored nonimmigrant 

17 program in the State to appeal an adjudication 

18 of an application by the State or determination 

19 by the State that the State-sponsored non20 immigrant violated the terms or conditions that 

21 were created by the State for the participation 

22 of the alien in the State-sponsored non23 immigrant program in the State. 

24 ‘‘(9) WAIVER OF RIGHTS PROHIBITED.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (C), a State-sponsored non3 immigrant may not be required to waive any 

4 substantive rights or protections under this Act. 

5 ‘‘(B) CONSTRUCTION.—Nothing under this 

6 paragraph may be construed to affect the inter7 pretation of any other law. 

8 ‘‘(C) EXCEPTION.—Notwithstanding sub9 paragraph (A) or any other provision of law, an 

10 alien may not be provided State-sponsored non11 immigrant status unless the alien has waived 

12 any right— 

13 ‘‘(i) to review or appeal under this Act 

14 of an immigration officer’s determination 

15 as to the admissibility of the alien at the 

16 port of entry into the United States; or 

17 ‘‘(ii) to contest or appeal, other than 

18 on the basis of an application for asylum, 

19 any action for removal of the alien. 

20 ‘‘(10) TAX RESPONSIBILITIES.—An employer 

21 shall comply with all applicable Federal, State, and 

22 local tax laws with respect to each State-sponsored 

23 nonimmigrant employed by the employer. 

24 ‘‘(11) LABOR AND TAX LAWS.—State-sponsored 

25 nonimmigrants shall be subject to all Federal, State, 


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1 and local laws regarding taxation, employment, or 

2 hiring of persons in the State. 

3 ‘‘(12) FEDERAL PUBLIC BENEFITS.— 

4 ‘‘(A) IN GENERAL.—State-sponsored non5 immigrants— 

6 ‘‘(i) are not entitled to the premium 

7 assistance tax credit authorized under sec8 tion 36B of the Internal Revenue Code of 

9 1986; 

10 ‘‘(ii) shall be subject to the rules ap11 plicable to individuals who are not lawfully 

12 present set forth in subsection (e) of such 

13 section; and 

14 ‘‘(iii)(I) shall not be allowed any cred15 it under section 24 or 32 of the Internal 

16 Revenue Code of 1986; and 

17 ‘‘(II) in the case of a joint return, no 

18 credit shall be allowed under either such 

19 section if both spouses are State-sponsored 

20 nonimmigrants. 

21 ‘‘(B) EMPLOYER FEE.—For purposes of 

22 subsections (a)(2) and (b)(1)(B) of 4980H of 

23 the Internal Revenue Code of 1986, a State24 sponsored nonimmigrant shall be treated as a 

25 full-time employee certified as having enrolled 


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1 in a qualified health plan with respect to which 

2 an applicable premium tax credit or cost-shar3 ing reduction is allowed or paid with respect to 

4 the employee. 

5 ‘‘(C) OTHER BENEFITS.—Notwithstanding 

6 any other provision of law, a State-sponsored 

7 nonimmigrant shall not be eligible for— 

8 ‘‘(i) any assistance or benefits pro9 vided under a State program funded under 

10 the temporary assistance for needy families 

11 program under part A of title IV of the 

12 Social Security Act (42 U.S.C. 601 et 

13 seq.); 

14 ‘‘(ii) any medical assistance provided 

15 under a State Medicaid plan under title 

16 XIX of the Social Security Act (42 U.S.C. 

17 1396 et seq.) or under a waiver of such 

18 plan, other than emergency medical assist19 ance provided under paragraphs (2) and 

20 (3) of section 1903(v), and any child 

21 health assistance provided under a State 

22 child health plan under title XXI of the 

23 Social Security Act (42 U.S.C. 1397aa et 

24 seq.) or under a waiver of such plan; 


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1 ‘‘(iii) any benefits or assistance pro2 vided under the supplemental nutrition as3 sistance program established under the 

4 Food and Nutrition Act of 2008 (7 U.S.C. 

5 2011 et seq.); 

6 ‘‘(iv) supplemental security income 

7 benefits provided under title XVI of the 

8 Social Security Act (42 U.S.C. 1381); 

9 ‘‘(v) Federal Pell Grants under sec10 tion 401 of the Higher Education Act of 

11 1965 (20 U.S.C. 1070a); 

12 ‘‘(vi) housing vouchers under section 

13 8 of the United States Housing Act of 

14 1937 (42 U.S.C. 1437f); 

15 ‘‘(vii) Federal old-age, survivors, and 

16 disability insurance benefits under title II 

17 of the Social Security Act (42 U.S.C. 401 

18 et seq.); 

19 ‘‘(viii) health insurance benefits for 

20 the aged and disabled under the Medicare 

21 Program established under title XVIII of 

22 the Social Security Act (42 U.S.C. 1395 et 

23 seq.); or 

24 ‘‘(ix) assistance or benefits provided 

25 under the program of block grants to 


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1 States for social services under subtitle A 

2 of title XX of the Social Security Act (42 

3 U.S.C. 1397 et seq.). 

4 ‘‘(D) EMPLOYER PAYMENTS.—An em5 ployer of a State-sponsored nonimmigrant shall 

6 pay into the general fund of the Treasury an 

7 amount equivalent to the Federal tax on the 

8 wages paid to the nonimmigrants that the em9 ployer would be obligated to pay under chapters 

10 21 and 23 of the Internal Revenue Code of 

11 1986 had the nonimmigrants been subject to 

12 such chapters, subject to the same penalties as 

13 provided for failure to pay such tax. 

14 ‘‘(E) INCLUSION OF NONIMMIGRANTS IN

15 SAVE.—Not later than 30 days after the date of 

16 the enactment of the State Sponsored Visa 

17 Pilot Program Act of 2019, the Secretary shall 

18 modify the Systematic Alien Verification for 

19 Entitlements Program of the United States 

20 Citizenship and Immigration Services to add 

21 any status under section 101(a)(15)(W) as an 

22 alien category that is ineligible for any benefit 

23 program listed in subparagraph (C). 

24 ‘‘(13) BONDS.— 


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1 ‘‘(A) IN GENERAL.—States may require 

2 State-sponsored nonimmigrants to pay a bond 

3 in an amount determined by the State to 

4 incentivize voluntary compliance with the terms 

5 and conditions of the State-sponsored non6 immigrant program. 

7 ‘‘(B) STUDY.— 

8 ‘‘(i) IN GENERAL.—At the end of each 

9 fiscal year, the Inspector General of the 

10 Department of Homeland Security and the 

11 Comptroller General of the United States 

12 shall each independently submit a report to 

13 the congressional committees specified in 

14 clause (iii) that identifies, for each State 

15 that participates in the State-sponsored 

16 nonimmigrant program, the percentage of 

17 State-sponsored nonimmigrants that have 

18 resided or worked illegally in a State other 

19 than the State that sponsored them (not 

20 including any State-sponsored non21 immigrants who are beneficiaries of ap22 proved immigration petitions). 

23 ‘‘(ii) ASSIGNMENT.—A State-spon24 sored nonimmigrant who resides or works 

25 illegally in a State other than the State 


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1 that sponsored them shall be assigned to 

2 the percentage of the State that initially 

3 sponsored the alien if the State partici4 pates in an interstate compact. 

5 ‘‘(iii) CONGRESSIONAL COMMIT6 TEES.—The congressional committees 

7 specified in this clause are— 

8 ‘‘(I) the Committee on Homeland 

9 Security and Governmental Affairs of 

10 the Senate; 

11 ‘‘(II) the Committee on the Judi12 ciary of the Senate; 

13 ‘‘(III) the Committee on Home14 land Security of the House of Rep15 resentatives; and 

16 ‘‘(IV) the Committee on the Ju17 diciary of the House of Representa18 tives. 

19 ‘‘(C) MANDATORY BONDS.— 

20 ‘‘(i) IN GENERAL.—During the first 

21 fiscal year following a determination under 

22 subparagraph (B) by the Comptroller Gen23 eral or the Inspector General of the De24 partment of Homeland Security that more 

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1 immigrants sponsored by a State violated 

2 the terms and conditions of State-spon3 sored nonimmigrant status in the most re4 cently completed fiscal year, the State shall 

5 require each State-sponsored non6 immigrant in the State, as a condition of 

7 participation in the State-sponsored non8 immigrant program, to post a bond equal 

9 to not less than $4,000. 

10 ‘‘(ii) SUBSEQUENT BONDS.—The bond 

11 amount under clause (i) shall be raised by 

12 $1,000 during each fiscal year following a 

13 subsequent determination under subpara14 graph (B) by the Comptroller General or 

15 the Inspector General of the Department 

16 of Homeland Security that more than 3 

17 percent of the State-sponsored non18 immigrants sponsored by the State violated 

19 the terms and conditions of State-spon20 sored nonimmigrant status in the most re21 cently completed fiscal year. 

22 ‘‘(iii) INFLATION ADJUSTMENT.—Ef23 fective for the first fiscal year that begins 

24 more than 6 months after the date of the 

25 enactment of the State Sponsored Visa 


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1 Pilot Program Act of 2019, and for each 

2 fiscal year thereafter, the amounts de3 scribed in this subparagraph shall be in4 creased by the percentage (if any) by 

5 which the Consumer Price Index for the 

6 month of June preceding the date on 

7 which such increase takes effect exceeds 

8 the Consumer Price Index for all urban 

9 consumers published by the Department of 

10 Labor for the same month of the preceding 

11 calendar year. 

12 ‘‘(D) REIMBURSEMENT OF BONDS.— 

13 ‘‘(i) IN GENERAL.—Bonds paid to a 

14 State under this paragraph shall be reim15 bursed to any State-sponsored non16 immigrant that has not worked or resided 

17 in a State other than the State that spon18 sored the nonimmigrant or otherwise re19 sided in the United States without status 

20 under the immigration laws in accordance 

21 with this subparagraph. 

22 ‘‘(ii) FULL REIMBURSEMENT.—The 

23 full amount of the bond shall be reim24 bursed in full immediately after— 


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1 ‘‘(I)(aa) the alien applies to the 

2 Secretary of State (or the designee of 

3 such Secretary) at a United States 

4 embassy, consulate, or, if specified by 

5 the Secretary, other locations outside 

6 the United States; and 

7 ‘‘(bb) in connection with the ap8 plication, the State-sponsored non9 immigrant confirms his or her iden10 tity, or verifies his or her departure at 

11 such time from the United States pur12 suant to a biometric entry and exit 

13 data system; 

14 ‘‘(II) an approved petition for 

15 lawful permanent residency is ap16 proved on behalf of the State-spon17 sored nonimmigrant; or 

18 ‘‘(III) the State-sponsored non19 immigrant dies. 

20 ‘‘(iii) PAYEE.— 

21 ‘‘(I) DEATH OF NON22 IMMIGRANT.—Upon the death of a 

23 State-sponsored nonimmigrant, pay24 ment shall be immediately paid to 

25 such State-sponsored nonimmigrant’s 


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1 next of kin, as designated by such 

2 State-sponsored nonimmigrant on the 

3 application to be a State-sponsored 

4 nonimmigrant. 

5 ‘‘(II) BANK ACCOUNT.—A State6 sponsored nonimmigrant may specify 

7 on the application to be a State-spon8 sored nonimmigrant a bank account 

9 to which such amount be sent after 

10 the satisfaction of a condition speci11 fied in clause (ii). 

12 ‘‘(iv) DENIAL OF REIMBURSEMENT.— 

13 Funds of a State-sponsored nonimmigrant 

14 held under this paragraph may not be de15 nied by a State to the nonimmigrant un16 less the State demonstrates, by clear and 

17 convincing evidence, that the non18 immigrant knowingly violated a term or 

19 condition of State-sponsored nonimmigrant 

20 status— 

21 ‘‘(I) by failing to depart the 

22 United States at the end of the period 

23 of authorized status; or 


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1 ‘‘(II) working or residing in a 

2 State that did not sponsor the non3 immigrant. 

4 ‘‘(v) NOTICE.—The Secretary of 

5 State, in conjunction with the Secretary of 

6 Homeland Security, shall inform the State 

7 that the State-sponsored nonimmigrant 

8 has complied with clause (i). 

9 ‘‘(14) PENALTIES.—If a State-sponsored non10 immigrant works or resides outside of the State, or 

11 any of the States under an interstate compact that 

12 sponsored the nonimmigrant or fails to comply with 

13 any term or condition of State-sponsored non14 immigrant status, the Secretary shall— 

15 ‘‘(A) revoke the employment authorization 

16 of such nonimmigrant; and 

17 ‘‘(B) initiate and expedited removal in ac18 cordance with section 235. 

19 ‘‘(15) STATE ENFORCEMENT.— 

20 ‘‘(A) IN GENERAL.—A State that partici21 pates in the State-sponsored nonimmigrant pro22 gram may enforce all rules and regulations of 

23 the State-sponsored nonimmigrant program in 

24 the State against employers to the same extent 

25 as any other labor laws under State law. 


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1 ‘‘(B) APPREHENSION.—As a condition of 

2 participation in the State-sponsored non3 immigrant program, a State shall reimburse 

4 any other State and any Federal agency that 

5 has apprehended and detained a State-spon6 sored nonimmigrant sponsored by the State for 

7 the full costs of apprehension, detention, or re8 moval of the nonimmigrant upon request of the 

9 apprehending State or Federal agency. 

10 ‘‘(C) PROCESS.—The Secretary shall es11 tablish a process through which a State may 

12 seek reimbursement under subparagraph (B). 

13 ‘‘(16) SUSPENSION OF PROGRAM APPROVAL.— 

14 The Secretary shall suspend admissions under the 

15 State-sponsored nonimmigrant program for any 

16 State that fails— 

17 ‘‘(A) to reimburse another State or a Fed18 eral agency under paragraph (15)(B) not later 

19 than 1 year after a final judgment against the 

20 State; or 

21 ‘‘(B) to reimburse, in accordance with 

22 paragraph (13)(D), a State-sponsored non23 immigrant who— 

24 ‘‘(i) has departed the United States; 


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1 ‘‘(ii) did not seek employment without 

2 authorization in a State that did not spon3 sor the nonimmigrant; and 

4 ‘‘(iii) did not otherwise reside in the 

5 United States without status under the im6 migration laws. 

7 ‘‘(17) FEES.— 

8 ‘‘(A) FEDERAL FEES.—A State shall pay a 

9 fee to the Secretary for each year in which the 

10 State participates in the State-sponsored non11 immigrant program in an amount determined 

12 by the Secretary to be necessary to cover the 

13 Federal costs of overseeing the State-sponsored 

14 nonimmigrant program in the State. 

15 ‘‘(B) STATE FEES.—Nothing in this sub16 section may be construed to limit or regulate 

17 fees required by the State for State-sponsored 

18 nonimmigrants or employers of State-sponsored 

19 nonimmigrants. 

20 ‘‘(18) NUMERICAL LIMITATIONS.— 

21 ‘‘(A) IN GENERAL.—The total number of 

22 aliens who may be issued visas or otherwise 

23 provided State-sponsored nonimmigrant status 

24 under this subsection during any fiscal year 


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1 may not exceed the total number of visas com2 puted under subparagraph (B). 

3 ‘‘(B) DISTRIBUTION.—Subject to subpara4 graphs (C), (D), and (E), the number of State5 sponsored nonimmigrant visas made available in 

6 a fiscal year to a State that participates in the 

7 State-sponsored nonimmigrant program shall be 

8 the sum of— 

9 ‘‘(i) 5,000; 

10 ‘‘(ii) the sum of the amounts com11 puted under subparagraphs (C) and (D) in 

12 the prior year; and 

13 ‘‘(iii) the percentage of the total popu14 lation in all States participating in the 

15 State-sponsored nonimmigrant program 

16 represented by the population of that State 

17 multiplied by the sum of— 

18 ‘‘(I) 245,000; 

19 ‘‘(II) the number of nonpartici20 pating States multiplied by 5,000; and 

21 ‘‘(III) the total number of visas 

22 available in the previous fiscal year 

23 that were revoked or not used. 

24 ‘‘(C) ECONOMIC GROWTH.—The amounts 

25 computed under subparagraphs (A) and (B) for 


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1 the prior fiscal year shall be adjusted annually 

2 in proportion to the percentage increase or de3 crease in the Gross Domestic Product of the 

4 United States in the prior year, as determined 

5 by the Bureau of Economic Analysis of the De6 partment of Commerce. 

7 ‘‘(D) COMPLIANCE.— 

8 ‘‘(i) INCREASES.—The number of 

9 State-sponsored nonimmigrant visas made 

10 available to a State under subparagraph 

11 (C) shall be increased by 10 percent over 

12 the prior fiscal year in each fiscal year im13 mediately following a fiscal year in which 

14 less than 3 percent of the State-sponsored 

15 nonimmigrants sponsored by the State vio16 lated the terms and conditions of State17 sponsored nonimmigrant status, as deter18 mined by the Inspector General of the De19 partment of Homeland Security or the 

20 Comptroller General of the United States 

21 in the reports required under paragraph 

22 (13)(B). 

23 ‘‘(ii) DECREASES.—The number of 

24 State-sponsored nonimmigrant visas made 

25 available to a State under subparagraph 


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1 (C) shall be decreased by 50 percent in 

2 each fiscal year immediately following a 

3 fiscal year in which more than 3 percent of 

4 the State-sponsored nonimmigrants spon5 sored by the State complied with the terms 

6 and conditions of State-sponsored non7 immigrant status, as determined by the In8 spector General of the Department of 

9 Homeland Security or the Comptroller 

10 General of the United States in the reports 

11 required under paragraph (13)(B). 

12 ‘‘(iii) SUSPENSION.—State-sponsored 

13 nonimmigrant visas shall not be made 

14 available for a State during the 5-year pe15 riod following four consecutive fiscal years 

16 in which more than 3 percent of the State17 sponsored nonimmigrants sponsored by the 

18 State violated the terms and conditions of 

19 State-sponsored nonimmigrant status, as 

20 determined by the Inspector General of the 

21 Department of Homeland Security or the 

22 Comptroller General of the United States 

23 in the reports required under paragraph 

24 (13)(B). 

25 ‘‘(E) PRINCIPAL ALIENS.— 


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1 ‘‘(i) IN GENERAL.—The numerical 

2 limitations under this paragraph shall 

3 apply only to principal aliens being admit4 ted to the United States from abroad and 

5 not to aliens accompanying or following to 

6 join the principal alien under section 

7 101(a)(15)(W)(ii) or aliens previously ad8 mitted. 

9 ‘‘(ii) STATE EXCLUSION.—The Sec10 retary may not grant a visa or status to an 

11 alien who is not the principal alien spon12 sored by a State if the State request that 

13 no such aliens be admitted. 

14 ‘‘(19) ADMISSIBILITY DETERMINATION.— 

15 ‘‘(A) IN GENERAL.—At the request of a 

16 State that participates in the State-based non17 immigrant program, the Secretary shall waive 

18 the grounds of inadmissibility under subpara19 graphs (A), (B), (C), and (G) of section 

20 212(a)(6), paragraphs (7) and (9) of section 

21 212(a), and sections 240B(d)(1)(B) and 

22 241(a)(5) and the grounds of deportability 

23 under subparagraphs (A) through (D) of sec24 tion 237(a)(1) and section 237(a)(3) on behalf 

25 of an alien described in subparagraph (B). 


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1 ‘‘(B) ALIENS DESCRIBED.—An alien de2 scribed in this subsection is an alien who— 

3 ‘‘(i) was physically present in the 

4 United States on December 31, 2016; 

5 ‘‘(ii) is sponsored by a State under 

6 the State-based nonimmigrant program; 

7 ‘‘(iii) otherwise meets the require8 ments of State-based nonimmigrant status 

9 under paragraph (4); and 

10 ‘‘(iv) fulfills the requirements under 

11 paragraph (20). 

12 ‘‘(C) SAVINGS PROVISION.—Nothing in 

13 this paragraph may be construed to exempt an 

14 alien described in subparagraph (B) or the 

15 State from the numerical limitation under para16 graph (18). 

17 ‘‘(20) REQUIREMENTS.— 

18 ‘‘(A) APPLICATION.—An alien may apply 

19 to the Secretary for a waiver of inadmissibility 

20 or deportability under paragraph (19) concur21 rently with an application for a visa or status 

22 under section 101(a)(15)(W). 

23 ‘‘(B) EVIDENCE OF PRESENCE OR EM24 PLOYMENT.— 


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1 ‘‘(i) CONCLUSIVE DOCUMENTS.—An 

2 alien may conclusively demonstrate pres3 ence in the United States in compliance 

4 with paragraph (19)(B)(i) by submitting 

5 records demonstrating such presence that 

6 have been maintained by the Social Secu7 rity Administration, the Internal Revenue 

8 Service, or any other Federal, State, or 

9 local government agency or educational in10 stitution. 

11 ‘‘(ii) OTHER DOCUMENTS.—An alien 

12 who is unable to submit a document de13 scribed in subparagraph (A) may satisfy 

14 the requirements under this section by sub15 mitting at least three other types of reli16 able documents that provide evidence of 

17 presence, employment or study in the 

18 United States, including— 

19 ‘‘(I) bank or remittance records; 

20 ‘‘(II) business or employer 

21 records; 

22 ‘‘(III) records of any organiza23 tion that assists workers in employ24 ment; 

25 ‘‘(IV) education records; and 


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1 ‘‘(V) deeds, mortgages, or con2 tracts to which the alien has been a 

3 party. 

4 ‘‘(C) FEES.— 

5 ‘‘(i) IN GENERAL.—An alien submit6 ting an application under subparagraph 

7 (A) shall pay a fee in an amount deter8 mined by the Secretary to be necessary to 

9 cover the cost of adjudicating the applica10 tion and reviewing the application for 

11 fraud. 

12 ‘‘(ii) PENALTY.—In addition to the 

13 fee under clause (i), an alien seeking a 

14 waiver under paragraph (19) shall pay a 

15 penalty of not less than $1,000, which 

16 shall be deposited into the Treasury of the 

17 United States after the approval of the ap18 plication under subparagraph (A). 

19 ‘‘(D) CRIMINAL PENALTY.— 

20 ‘‘(i) VIOLATION.—It shall be unlawful 

21 for any person to knowingly— 

22 ‘‘(I) file, or assist in filing, an 

23 application under this paragraph if 

24 such application— 


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1 ‘‘(aa) falsifies, misrepre2 sents, conceals, or covers up a 

3 material fact; 

4 ‘‘(bb) makes any false, ficti5 tious, or fraudulent statements or 

6 representations; or 

7 ‘‘(cc) makes or uses any 

8 false writing or document know9 ing the same to contain any false, 

10 fictitious, or fraudulent state11 ment or entry; or 

12 ‘‘(II) create or supply a false 

13 writing or document for use in mak14 ing such an application. 

15 ‘‘(ii) PENALTY.—Any person who vio16 lates clause (i) shall be fined in accordance 

17 with title 18, United States Code, impris18 oned not more than 5 years, or both. 

19 ‘‘(iii) INADMISSIBILITY.—An alien 

20 who is convicted of violating clause (i) shall 

21 be considered to be inadmissible to the 

22 United States on the grounds described in 

23 section 212(a)(6)(C)(i) and subject to im24 mediate removal from the United States. 


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1 ‘‘(E) FRAUD PREVENTION PROGRAM.—The 

2 Secretary and the Attorney General shall jointly 

3 develop an administrative program to prevent 

4 fraud with respect to applications submitted 

5 under this paragraph that provides for— 

6 ‘‘(i) fraud prevention training for ad7 ministrative adjudicators; 

8 ‘‘(ii) the regular audit of pending and 

9 approved applications for examples and 

10 patterns of fraud or abuse; 

11 ‘‘(iii) the receipt and evaluation of re12 ports of fraud or abuse; 

13 ‘‘(iv) the identification of deficiencies 

14 in administrative practice or procedure 

15 that encourage fraud or abuse; 

16 ‘‘(v) the remedy of any identified defi17 ciencies; and 

18 ‘‘(vi) the referral of cases of identified 

19 or suspected fraud or other misconduct for 

20 investigation. 

21 ‘‘(F) INELIGIBLE ALIENS.— 

22 ‘‘(i) REMOVAL AUTHORIZED.—Except 

23 as provided in clause (ii), if the Secretary 

24 makes a final determination to deny an ap25 plication under this section, the Secretary 


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1 shall place the applicant in removal pro2 ceedings to which the alien would otherwise 

3 be subject. 

4 ‘‘(ii) ALIENS WITH PRIOR ORDERS.— 

5 If the final determination to deny an appli6 cation concerns an alien with an existing 

7 order of exclusion, deportation, removal, or 

8 voluntary departure from the United 

9 States, such order shall be enforced to the 

10 same extent as if the application had not 

11 been made. 

12 ‘‘(G) EMPLOYMENT RECORDS.—Copies of 

13 employment records or other evidence of em14 ployment provided by an alien or by an alien’s 

15 employer in support of an alien’s application 

16 under this subsection may not be used in a civil 

17 or criminal prosecution or investigation of that 

18 employer under section 247A or the tax laws of 

19 the United States for the prior unlawful em20 ployment of that alien, regardless of the adju21 dication of such application or reconsideration 

22 by the Secretary of such alien’s prima facie eli23 gibility determination. Employers that provide 

24 unauthorized aliens with copies of employment 

25 records or other evidence of employment pursuVerDate Sep 11 2014 23:13 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5174.IH H5174

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1 ant to an application under this title shall not 

2 be subject to civil and criminal liability pursu3 ant to such section 274A for employing such 

4 unauthorized aliens. The protections for em5 ployers and aliens shall not apply if the aliens 

6 or employers submit employment records that 

7 are deemed to be fraudulent. 

8 ‘‘(H) CONSTRUCTION.—Nothing in this 

9 subsection may be construed to limit the au10 thority of the State to require additional mone11 tary penalties, other evidence of physical pres12 ence, or any other requirement for aliens de13 scribed in paragraph (19)(B) to participate in 

14 the State-based nonimmigrant program in such 

15 State.’’. 

16 (b) JUDICIAL REVIEW.—Section 242(a)(2) of the Im17 migration and Nationality Act (8 U.S.C. 1252(a)(2)) is 

18 amended by adding at the end the following: 

19 ‘‘(E) JUDICIAL REVIEW OF CERTAIN ELIGI20 BILITY DETERMINATIONS.—If an alien’s appli21 cation under section 214(s)(20) is denied or re22 voked, judicial review shall be instituted in the 

23 United States District Court for the District of 

24 Columbia and shall be limited to determinations 

25 of the constitutionality of section 214(s), or any 


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1 regulations implemented pursuant to such sec2 tion.’’. 

3 (c) NONIMMIGRANTS WITH APPROVED IMMIGRANT

4 PETITIONS.—Section 245 of the Immigration and Nation5 ality Act (8 U.S.C. 1255) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘if (1) the alien’’ and in8 serting the following: ‘‘if— 

9 ‘‘(1) the alien’’; 

10 (B) by striking ‘‘adjustment, (2) the alien’’ 

11 and inserting the following: ‘‘adjustment; 

12 ‘‘(2) the alien’’; 

13 (C) by striking ‘‘residence, and (3) an im14 migrant visa’’ and inserting the following: ‘‘resi15 dence; and 

16 ‘‘(3) an immigrant visa’’; and 

17 (D) in paragraph (3), by striking ‘‘him at 

18 the time his application is filed’’ and inserting 

19 ‘‘the alien at the time the alien’s application is 

20 adjudicated’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(n) ADJUSTMENT OF STATUS APPLICATION AFTER

23 AN APPROVED IMMIGRANT PETITION.— 

24 ‘‘(1) APPLICATION.—An alien who has an ap25 proved immigrant petition may file an adjustment of 


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1 status application under subsection (a), which shall 

2 remain pending until a visa number becomes avail3 able. 

4 ‘‘(2) STATUS.—An alien who has properly filed 

5 an adjustment of status application under subsection 

6 (a) shall, throughout the pendency of such applica7 tion— 

8 ‘‘(A) have a lawful status and be consid9 ered lawfully present for purposes of section 

10 212; and 

11 ‘‘(B) following a biometric background 

12 check, be eligible for employment and travel au13 thorization incident to such status.’’. 

14 SEC. 4. EFFECTIVE DATE. 

15 The amendments made by this Act shall take effect 

16 on the first day of the first fiscal year that begins after 

17 the date of the enactment of this Act. 

Æ 


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