II 

109TH CONGRESS 

2D SESSION S. 2326 

To provide for immigration reform, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2006 

Mr. DOMENICI introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide for immigration reform, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Welcoming Immigrants to a Secure Homeland Act of 

6 2006’’ or ‘‘WISH Act of 2006’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—IMPROVING ENFORCEMENT 

Subtitle A—Increased Enforcement Resources and Penalties 

Sec. 101. Additional worksite enforcement and fraud detection agents. 
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Sec. 102. Penalties for unauthorized employment and false claims of citizenship. 

Sec. 103. Penalties for misusing social security numbers or filing false information with the Social Security Administration. 

Subtitle B—Information Integrity and Security 

Sec. 111. Social security cards. 

Sec. 112. Electronic information. 

Subtitle C—Mandatory Electronic Employment Verification of All Workers in 

the United States 

Sec. 121. Employment eligibility verification system. 

Sec. 122. Good faith compliance. 

TITLE II—NONIMMIGRANT GUEST WORKERS 

Sec. 201. Nonimmigrant guest worker category. 

Sec. 202. Guest worker program. 

Sec. 203. Special rule for Mexico. 

Sec. 204. Statutory construction. 

Sec. 205. Authorization of appropriations. 

TITLE III—NONIMMIGRANT GUEST WORKER STATUS FOR 

UNAUTHORIZED ALIENS 

Sec. 301. Nonimmigrant guest worker status for unauthorized aliens. 

Sec. 302. Statutory construction. 

Sec. 303. Authorization of appropriations. 

TITLE IV—EMPLOYMENT MANAGEMENT SYSTEM 

Sec. 401. Employment management system. 

Sec. 402. Labor investigations and penalties. 

TITLE V—PROTECTION AGAINST IMMIGRATION FRAUD 

Sec. 501. Grants to support public education and training. 

TITLE VI—HIGHLY EDUCATED AND SKILLED WORKERS 

Sec. 601. Removal of numerical limitations for nonimmigrants with advanced 

degrees. 

Sec. 602. Aliens not subject to numerical limitations on employment-based immigrants. 

Sec. 603. Off-campus work authorization for foreign students. 

Sec. 604. Temporary visas for graduating students. 

Sec. 605. Travel authorization. 

Sec. 606. Additional employees and technologies. 

TITLE VII—TRAVEL RESTRICTIONS FOR TEMPORARY VISITORS 

Sec. 701. Travel restrictions. 

TITLE VIII—TEMPORARY AGRICULTURAL WORKERS 

Sec. 801. Sense of the Senate on temporary agricultural workers. 
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1 TITLE I—IMPROVING 

2 ENFORCEMENT 

3 Subtitle A—Increased Enforcement 

4 Resources and Penalties 

5 SEC. 101. ADDITIONAL WORKSITE ENFORCEMENT AND 

6 FRAUD DETECTION AGENTS. 

7 (a) WORKSITE ENFORCEMENT.—During each of fis8 cal years 2007 through 2011, the Secretary of Homeland 

9 Security shall, subject to the availability of appropriations 

10 for such purpose, increase by not less than 2,000 the num11 ber of positions for investigators dedicated to enforcing 

12 compliance with sections 274 and 274A of the Immigra13 tion and Nationality Act (8 U.S.C. 1324 and 1324a) for 

14 such fiscal year. 

15 (b) FRAUD DETECTION.—During each of fiscal years 

16 2007 through 2011, the Secretary of Homeland Security 

17 shall, subject to the availability of appropriations for such 

18 purpose, increase by not less than 1,000 the number of 

19 positions for Immigration Enforcement Agents dedicated 

20 to immigration fraud detection for such fiscal year. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated for each of fiscal years 

23 2007 through 2011 such sums as may be necessary to 

24 carry out this section. 
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1 SEC. 102. PENALTIES FOR UNAUTHORIZED EMPLOYMENT 

2 AND FALSE CLAIMS OF CITIZENSHIP. 

3 Section 274A of the Immigration and Nationality Act 

4 (8 U.S.C. 1324a) is amended— 

5 (1) in paragraphs (1)(A), (2), and (4) of sub6 section (a), by striking ‘‘knowing’’ each place it ap7 pears and inserting ‘‘if the person or entity knows 

8 or should have known’’; 

9 (2) in subsection (b)(2)— 

10 (A) by striking ‘‘The individual’’ and in11 serting the following: 

12 ‘‘(A) IN GENERAL.—The individual’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(B) PENALTIES.—Any individual who 

15 falsely represents that the individual is a citizen 

16 or national of the United States, an alien law17 fully admitted for permanent residence, or an 

18 alien who is authorized by the Attorney General 

19 or by the Secretary of Homeland Security to be 

20 hired, recruited, or referred for such employ21 ment for purposes of obtaining employment 

22 shall, for each such violation, be subject to a 

23 fine of not more than $5,000 and a term of im24 prisonment not to exceed 3 years.’’; and 

25 (3) in subsection (f)(1), by striking ‘‘$3,000’’ 

26 and inserting ‘‘$5,000’’. 
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1 SEC. 103. PENALTIES FOR MISUSING SOCIAL SECURITY 

2 NUMBERS OR FILING FALSE INFORMATION 

3 WITH THE SOCIAL SECURITY ADMINISTRA4 TION. 

5 (a) MISUSE OF SOCIAL SECURITY NUMBERS.— 

6 (1) IN GENERAL.—Section 208(a) of the Social 

7 Security Act (42 U.S.C. 408(a)) is amended— 

8 (A) in paragraph (7), by adding after sub9 paragraph (C) the following: 

10 ‘‘(D) with intent to deceive, discloses, sells, 

11 or transfers his own social security account 

12 number, assigned to him by the Commissioner 

13 of Social Security (in the exercise of the Com14 missioner’s authority under section 205(c)(2) to 

15 establish and maintain records), to any person; 

16 or;’’; 

17 (B) in paragraph (8), by adding ‘‘or’’ at 

18 the end; and 

19 (C) by inserting after paragraph (8) the 

20 following: 

21 ‘‘(9) without lawful authority, offers, for a fee, 

22 to acquire for any individual, or to assist in acquir23 ing for any individual, an additional social security 

24 account number or a number that purports to be a 

25 Social Security account number;’’. 
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1 (2) EFFECTIVE DATES.—Paragraphs (7)(D) 

2 and (9) of section 208(a) of the Social Security Act, 

3 as added by paragraph (1), shall apply with respect 

4 to each violation occurring after the date of the en5 actment of this Act. 

6 (b) REPORT ON ENFORCEMENT EFFORTS CON7 CERNING EMPLOYERS FILING FALSE INFORMATION RE8 TURNS.—The Commissioner of Internal Revenue and the 

9 Commissioner of Social Security shall submit an annual 

10 report to Congress on efforts taken to identify employers 

11 that file incorrect information returns and impose appro12 priate penalties on such employers. 

13 Subtitle B—Information Integrity 

14 and Security 

15 SEC. 111. SOCIAL SECURITY CARDS. 

16 (a) MACHINE-READABLE, TAMPER-RESISTANT

17 CARDS.— 

18 (1) ISSUANCE.— 

19 (A) IN GENERAL.—Not later than 3 

20 months after the date of the enactment of this 

21 Act, the Commissioner of Social Security shall 

22 initiate a program to develop and issue ma23 chine-readable, tamper-resistant social security 

24 cards. 
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1 (B) COMPLETION.—As soon as practicable 

2 after the date of the enactment of this Act, the 

3 Commissioner of Social Security shall— 

4 (i) only issue machine-readable, tam5 per-resistant social security cards; and 

6 (ii) begin a program to replace exist7 ing social security cards with machine8 readable, tamper-resistant social security 

9 cards. 

10 (2) AMENDMENT.—Section 205(c)(2)(G) of the 

11 Social Security Act (42 U.S.C. 405(c)(2)(G)) is 

12 amended— 

13 (A) by inserting ‘‘(i)’’ after ‘‘(G)’’; and 

14 (B) by striking ‘‘The social security card 

15 shall be made of banknote paper,’’ and insert16 ing the following: 

17 ‘‘(ii) The social security card shall be ma18 chine-readable and tamper-resistant;’’. 

19 (3) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated such sums 

21 as may be necessary to carry out this subsection and 

22 the amendments made by paragraph (2). 

23 (b) MULTIPLE CARDS.—Section 205(c)(2)(G) of such 

24 Act, as amended by subsection (a)(2), is further amended 

25 by adding at the end the following: 
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1 ‘‘(iii) The Commissioner of Social Security 

2 shall not issue a replacement social security 

3 card to any individual unless the Commissioner 

4 of Social Security determines that the purpose 

5 for requiring the issuance of the replacement 

6 document is legitimate.’’. 

7 (c) REPORT ON INCORPORATION OF BIOMETRIC

8 IDENTIFIERS.—Not later than 6 months after the date of 

9 the enactment of this Act, the Commissioner of Social Se10 curity, in cooperation with the Secretary of Homeland Se11 curity, shall submit to Congress a report on the viability 

12 of using biometric authentication with employment au13 thorization documents. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 subsections (a)(2) and (b) shall take effect 1 year after 

16 the date of the enactment of this Act and shall only apply 

17 to social security cards issued after such date. 

18 SEC. 112. ELECTRONIC INFORMATION. 

19 (a) CONFIDENTIALITY.— 

20 (1) ACCESS TO DATABASE.—No officer or em21 ployee of any agency or department of the United 

22 States, other than individuals responsible for the en23 forcement of immigration laws or for the evaluation 

24 of an employment verification program at the Social 

25 Security Administration, the Department of Home-
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1 land Security, or the Department of Labor, may 

2 have access to any information contained in a data3 base maintained pursuant to the Employment Eligi4 bility Verification System described in section 403 of 

5 the Illegal Immigration Reform and Immigrant Re6 sponsibility Act of 1996 (division C of Public Law 

7 104–208; 8 U.S.C. 1324a note), as amended by sec8 tion 121 of this Act. 

9 (2) PROTECTION FROM UNAUTHORIZED DIS10 CLOSURE.—Information contained in a database 

11 maintained pursuant to the Employment Eligibility 

12 Verification System shall be adequately protected 

13 against unauthorized disclosure for other purposes, 

14 as provided in regulations established by the Com15 missioner of Social Security, in consultation with the 

16 Secretary of Homeland Security and the Secretary 

17 of Labor. 

18 (b) IMPROVEMENTS TO INFORMATION INTEGRITY.— 

19 (1) IN GENERAL.—The Commissioner of Social 

20 Security shall identify the sources of false, incorrect, 

21 or expired Social Security numbers and take steps to 

22 eliminate such numbers from the Social Security 

23 system. 

24 (2) REPORT.—Not later than 6 months after 

25 the date of the enactment of this Act, the Commis-
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1 sioner of Social Security shall submit to Congress a 

2 report that— 

3 (A) identifies the sources of false, incor4 rect, or expired Social Security numbers; 

5 (B) describes the actions carried out by the 

6 Commissioner to identify and eliminate the 

7 numbers described in paragraph (1); and 

8 (C) describes the actions that the Commis9 sioner plans to take to ensure the removal of 

10 the numbers described in paragraph (1) from 

11 the Social Security system during the 1-year 

12 period beginning on the date that the report is 

13 submitted. 

14 Subtitle C—Mandatory Electronic 

15 Employment Verification of All 

16 Workers in the United States 

17 SEC. 121. EMPLOYMENT ELIGIBILITY VERIFICATION SYS18 TEM. 

19 (a) RENAMING OF BASIC PILOT PROGRAM.—Subtitle 

20 A of title IV of the Illegal Immigration Reform and Immi21 grant Responsibility Act of 1996 (division C of Public Law 

22 104–208; 8 U.S.C. 1324a note) is amended— 

23 (1) in section 401(c)(1), by striking ‘‘basic pilot 

24 program’’ and inserting ‘‘Employment Eligibility 

25 Verification System’’; and 
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1 (2) in section 403(a), by striking ‘‘(a)’’ and all 

2 that follows through ‘‘agrees to conform’’ and insert 

3 the following: 

4 ‘‘(a) EMPLOYMENT ELIGIBILITY VERIFICATION SYS5 TEM.—A person or other entity that participates in the 

6 Employment Eligibility Verification System shall agree to 

7 conform’’. 

8 (b) MANDATORY PARTICIPATION.— 

9 (1) LARGE EMPLOYERS.—Beginning not later 

10 than 2 years after the date of the enactment of this 

11 Act and notwithstanding any other provision of law, 

12 any person or other entity that hires 50 or more in13 dividuals for employment in the United States shall 

14 participate in the Employment Eligibility 

15 Verification System described in section 403 of the 

16 Illegal Immigration Reform and Immigrant Respon17 sibility Act, as amended by subsection (a). 

18 (2) MIDSIZED EMPLOYERS.—Beginning not 

19 later than 4 years after the date of the enactment 

20 of this Act and notwithstanding any other provision 

21 of law, any person or other entity that hires 25 or 

22 more individuals for employment in the United 

23 States shall participate in such Employment Eligi24 bility Verification System. 
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1 (3) SMALL EMPLOYERS.—Beginning not later 

2 than 6 years after the date of the enactment of this 

3 Act and notwithstanding any other provision of law, 

4 any person or other entity that hires 1 or more indi5 viduals for employment in the United States shall 

6 participate in such Employment Eligibility 

7 Verification System. 

8 (4) PARTICIPATION OF EMPLOYERS NOT SUB9 JECT TO REQUIREMENT.—Nothing in this subsection 

10 shall be construed to prevent any person or other en11 tity that is not required to participate in such Em12 ployment Eligibility Verification System under this 

13 subsection from voluntarily participating in such 

14 Employment Eligibility Verification System. 

15 (5) CONFORMING AMENDMENT.—Section 

16 402(a) of the Illegal Immigration Reform and Immi17 grant Responsibility Act of 1996 (division C of Pub18 lic Law 104–208; 8 U.S.C. 1324a note) is amended 

19 in the second sentence by striking the comma after 

20 ‘‘(e)’’ and inserting ‘‘or section 121(b) of the Wel21 coming Immigrants to a Secure Homeland Act of 

22 2006,’’. 

23 (c) AFFORDABILITY OF SYSTEM.—The Secretary of 

24 Homeland Security shall work in cooperation with the Sec25 retary of Labor and the Commissioner of Social Security 
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1 to make such Employment Eligibility Verification System 

2 affordable to any person or entity that hires individuals 

3 for employment in the United States. 

4 (d) ELECTRONIC FILING.—Any employer partici5 pating in such Employment Eligibility Verification System 

6 may complete and allow for newly hired individuals to 

7 complete employment verification documents electroni8 cally. 

9 (e) REPORT ON IMPROVEMENT OF EMPLOYMENT

10 ELIGIBILITY VERIFICATION SYSTEM.—Not later than 1 

11 year after the date of the enactment of this Act, the Sec12 retary of Homeland Security, in cooperation with the Sec13 retary of Labor and the Commissioner of Social Security, 

14 shall submit to Congress a report on ways to improve such 

15 Employment Eligibility Verification System. 

16 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as may be 

18 required to carry out such Employment Eligibility 

19 Verification System in every State and to allow every em20 ployer in the United States to participate. 

21 SEC. 122. GOOD FAITH COMPLIANCE. 

22 Any employer that complies with the requirements of 

23 this subtitle, the amendments made by this subtitle, and 

24 title IV of the Illegal Immigration Reform and Immigrant 

25 Responsibility Act of 1996 (8 U.S.C. 1324a note) has es-
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1 tablished an affirmative defense that the employer has not 

2 violated the employment verification requirements under 

3 section 274A of the Immigration and Nationality Act (8 

4 U.S.C. 1324a). 

5 TITLE II—NONIMMIGRANT 

6 GUEST WORKERS 

7 SEC. 201. NONIMMIGRANT GUEST WORKER CATEGORY. 

8 (a) NEW GUEST WORKER CATEGORY.—Section 

9 101(a)(15) of the Immigration and Nationality Act (8 

10 U.S.C. 1101(a)(15)) is amended by adding at the end the 

11 following: 

12 ‘‘(W) an alien having a residence in a for13 eign country who is coming to the United 

14 States to perform labor or service and who 

15 meets the requirements of section 218A.’’. 

16 (b) TECHNICAL AMENDMENTS.—Section 101(a)(15) 

17 of the Immigration and Nationality Act (8 U.S.C. 

18 1101(a)(15)) is amended— 

19 (1) in subparagraph (U)(iii), by striking ‘‘or’’ 

20 at the end; and 

21 (2) in subparagraph (V)(ii)(II), by striking the 

22 period at the end and inserting a semicolon and 

23 ‘‘or’’. 
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1 SEC. 202. GUEST WORKER PROGRAM. 

2 (a) IN GENERAL.—Chapter 2 of title II of the Immi3 gration and Nationality Act (8 U.S.C. 1101 et seq.) is 

4 amended by inserting after section 218 the following new 

5 section: 

6 ‘‘SEC. 218A. GUEST WORKER PROGRAM. 

7 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se8 curity may grant a temporary visa to a nonimmigrant de9 scribed in section 101(a)(15)(W) who demonstrates an in10 tent to perform labor or services in the United States and 

11 who meets the requirements of this section. 

12 ‘‘(b) REQUIREMENTS FOR ADMISSION.—In order to 

13 be eligible for nonimmigrant status under section 

14 101(a)(15)(W), an alien shall meet the following require15 ments: 

16 ‘‘(1) ELIGIBILITY TO WORK.—The alien shall 

17 establish that the alien is capable of performing the 

18 labor or services required for an occupation under 

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

20 ‘‘(2) EVIDENCE OF EMPLOYMENT.—The alien 

21 shall establish that the alien has a job offer from an 

22 employer that utilizes the Employment Management 

23 System described in section 218C. 

24 ‘‘(3) APPLICATION FEE.—The alien shall pay a 

25 $250 visa issuance fee in addition to the cost of 

26 processing and adjudicating such application. Noth-
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1 ing in this paragraph shall be construed to affect 

2 consular procedures for charging reciprocal fees. 

3 ‘‘(4) MEDICAL EXAMINATION.—The alien shall 

4 undergo a medical examination (including a deter5 mination of immunization status) at the alien’s ex6 pense, that conforms to generally accepted standards 

7 of medical practice. 

8 ‘‘(5) APPLICATION CONTENT AND WAIVER.— 

9 ‘‘(A) APPLICATION FORM.—The Secretary 

10 of Homeland Security shall create an applica11 tion form that an alien shall be required to 

12 complete as a condition of being admitted as a 

13 nonimmigrant under section 101(a)(15)(W). 

14 ‘‘(B) CONTENT.—In addition to any other 

15 information that the Secretary determines is re16 quired to determine an alien’s eligibility for ad17 mission as a nonimmigrant under section 

18 101(a)(15)(W), the Secretary shall require an 

19 alien to provide information concerning the 

20 alien’s criminal history and gang membership, 

21 immigration history, and involvement with 

22 groups or individuals that have engaged in ter23 rorism, genocide, persecution, or who seek the 

24 overthrow of the Government of the United 

25 States. 
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1 ‘‘(C) WAIVER OF RIGHTS.— 

2 ‘‘(i) AUTHORITY TO REQUEST.—The 

3 Secretary may request that an alien in4 clude with the application a waiver of 

5 rights that states that the alien, in ex6 change for the discretionary benefit of ad7 mission as a nonimmigrant under section 

8 101(a)(15)(W), agrees to waive any 

9 right— 

10 ‘‘(I) to administrative or judicial 

11 review or appeal of an immigration of12 ficer’s determination as to the alien’s 

13 admissibility; or 

14 ‘‘(II) to contest any removal ac15 tion, other than on the basis of an ap16 plication for asylum pursuant to the 

17 provisions contained in section 208 or 

18 241(b)(3), or under the Convention 

19 Against Torture and Other Cruel, In20 human or Degrading Treatment or 

21 Punishment, done at New York De22 cember 10, 1984, if such removal ac23 tion is initiated after the termination 

24 of the alien’s period of authorized ad-
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1 mission as a nonimmigrant under sec2 tion 101(a)(15)(W). 

3 ‘‘(ii) REFUSAL TO WAIVE.—The Sec4 retary may not refuse to grant non5 immigrant status under section 

6 101(a)(15)(W) because an alien does not 

7 submit the waiver described in clause (i). 

8 ‘‘(D) KNOWLEDGE.—The Secretary of 

9 Homeland Security shall require an alien to in10 clude with the application a signed certification 

11 in which the alien certifies that the alien has 

12 read and understood all of the questions and 

13 statements on the application form, and that 

14 the alien certifies under penalty of perjury 

15 under the laws of the United States that the 

16 application, and any evidence submitted with it, 

17 are all true and correct, and that the applicant 

18 authorizes the release of any information con19 tained in the application and any attached evi20 dence for law enforcement purposes. 

21 ‘‘(c) IMPLEMENTATION AND APPLICATION TIME PE22 RIODS.—The Secretary of Homeland Security shall ensure 

23 that the application process is secure and incorporates 

24 antifraud protection. 

25 ‘‘(d) ADMISSIBILITY.— 
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1 ‘‘(1) IN GENERAL.—In determining an alien’s 

2 admissibility as a nonimmigrant under section 

3 101(a)(15)(W)— 

4 ‘‘(A) the Secretary of Homeland Security 

5 may waive paragraphs (5), (6)(A), (7), or 

6 (9)(B) or (C) of section 212(a) for conduct that 

7 occurred on a date prior to the date of the en8 actment of the Welcoming Immigrants to a Se9 cure Homeland Act of 2006; 

10 ‘‘(B) the Secretary of Homeland Security 

11 may not waive— 

12 ‘‘(i) subparagraph (A), (B), (C), (E), 

13 (G), (H), or (I) of section 212(a)(2) (relat14 ing to criminals); 

15 ‘‘(ii) section 212(a)(3) (relating to se16 curity and related grounds); or 

17 ‘‘(iii) subparagraphs (A), (C), or (D) 

18 of section 212(a)(10) (relating to polyg19 amists, child abductors, and illegal voters); 

20 and 

21 ‘‘(C) for conduct that occurred prior to the 

22 date that the Welcoming Immigrants to a Se23 cure Homeland Act of 2006 was introduced in 

24 the Senate, the Secretary of Homeland Security 

25 may waive the application of any provision of 
20 

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1 section 212(a) not listed in subparagraph (B) 

2 on behalf of an individual alien for humani3 tarian purposes, to ensure family unity, or when 

4 such waiver is otherwise in the public interest. 

5 ‘‘(2) CONSTRUCTION.—No provision in para6 graph (1) shall be construed as affecting the author7 ity of the Secretary of Homeland Security to waive 

8 the provisions of section 212(a) under any other pro9 vision of law. 

10 ‘‘(3) WAIVER FEE.—An alien who is granted a 

11 waiver under subparagraph (1) shall pay a $100 fee 

12 upon approval of the alien’s visa application. 

13 ‘‘(4) RENEWAL OF AUTHORIZED ADMISSION

14 AND SUBSEQUENT ADMISSIONS.—Notwithstanding 

15 paragraph (1), an alien seeking renewal of author16 ized admission or subsequent admission as a non17 immigrant under section 101(a)(15)(W) shall estab18 lish that the alien is not inadmissible under section 

19 212(a). 

20 ‘‘(e) BACKGROUND CHECKS.—The Secretary of 

21 Homeland Security shall not admit, and shall not issue 

22 a visa to, an alien seeking admission under section 

23 101(a)(15)(W) until all appropriate background checks, 

24 including any that the Secretary, in the Secretary’s discre25 tion, may require, have been completed. 
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1 ‘‘(f) DURATION.— 

2 ‘‘(1) INITIAL ADMITTANCE.—An alien may be 

3 admitted as a nonimmigrant under section 

4 101(a)(15)(W) for a period of 3 years. 

5 ‘‘(2) SUBSEQUENT ADMITTANCE.— 

6 ‘‘(A) ADDITIONAL PERIODS.—The period 

7 described in paragraph (1) may be extended for 

8 2 additional 3-year periods if the alien estab9 lishes that the alien is employed by an employer 

10 that utilizes the Employment Management Sys11 tem described in section 218C. 

12 ‘‘(B) RENEWAL APPLICATION.—An alien 

13 admitted as a nonimmigrant under section 

14 101(a)(15)(W) who is seeking an additional pe15 riod of admittance shall submit a renewal appli16 cation no more than 90 days and no less than 

17 45 days before the end of the alien’s 3-year pe18 riod of admissibility under such section. Such 

19 application shall include evidence of the alien’s 

20 employment with an employer that utilizes the 

21 Employment Management System described in 

22 section 218C. 

23 ‘‘(C) FEE.—An alien shall submit a fee of 

24 $100 along with the renewal application de25 scribed in subparagraph (B). 
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1 ‘‘(3) REQUIREMENT TO RETURN HOME.—Un2 less an alien is granted a change of status pursuant 

3 to section 245 (as described in subsection (l)), an 

4 alien admitted as a nonimmigrant under section 

5 101(a)(15)(W) shall, upon the expiration of a period 

6 of authorized admittance, leave the United States 

7 and be ineligible to reenter as an alien under section 

8 101(a)(15)(W) or receive any other immigration re9 lief or benefit under this Act or any other law, with 

10 the exception of section 208 or 241(b)(3) or the 

11 Convention Against Torture and Other Cruel, Inhu12 man or Degrading Treatment or Punishment, done 

13 at New York December 10, 1984, until the alien has 

14 resided continuously in the alien’s home country for 

15 a period of not less than 3 years. 

16 ‘‘(g) STANDARDS FOR DOCUMENTATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

18 Security shall ensure that the documents issued to 

19 provide evidence of nonimmigrant status under sec20 tion 101(a)(15)(W) are machine-readable and tam21 per-resistant, and allow for biometric authentication. 

22 The Secretary of Homeland Security is authorized to 

23 incorporate integrated-circuit technology into such 

24 documents. 
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1 ‘‘(2) CONSULTATION.—The Secretary of Home2 land Security shall consult with the head of the Fo3 rensic Document Laboratory and such other Federal 

4 agencies as may be appropriate in designing the doc5 ument. 

6 ‘‘(3) USE OF DOCUMENTATION.—The document 

7 may serve as a travel, entry, and work authorization 

8 document during the period that the document is 

9 valid. 

10 ‘‘(h) FAILURE TO DEPART.— 

11 ‘‘(1) INADMISSIBILITY FOR FAILURE TO DE12 PART.—Subject to paragraph (2), an alien admitted 

13 as a nonimmigrant under section 101(a)(15)(W) 

14 who fails to depart the United States prior to the 

15 date that is 10 days after the date that the alien’s 

16 authorized period of admission under this section 

17 ends is not eligible for and may not receive any im18 migration relief or benefit under this Act or any 

19 other law for a period of 10 years. 

20 ‘‘(2) EXCEPTION.—The prohibition in para21 graph (1) may not be applied to prohibit the admis22 sion of an alien under section 208 or 241(b)(3), or 

23 the Convention Against Torture and Other Cruel, 

24 Inhuman or Degrading Treatment or Punishment, 

25 done at New York December 10, 1984. 
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1 ‘‘(i) FAMILY MEMBERS.— 

2 ‘‘(1) IN GENERAL.—The spouse or child of an 

3 alien admitted as a nonimmigrant under section 

4 101(a)(15)(W) may be admitted to the United 

5 States— 

6 ‘‘(A) as a nonimmigrant for the same 

7 amount of time, and on the same terms and 

8 conditions, as the alien admitted as a non9 immigrant under section 101(a)(15)(W); or 

10 ‘‘(B) under any other provision of law, if 

11 such family member is otherwise eligible for ad12 mission. 

13 ‘‘(2) APPLICATION FEE.—The spouse or child 

14 of an alien admitted as a nonimmigrant under sec15 tion 101(a)(15)(W) who is seeking to be admitted 

16 pursuant to this subsection shall submit, in addition 

17 to any other fee authorized by law, an additional fee 

18 of $100. 

19 ‘‘(j) TRAVEL OUTSIDE THE UNITED STATES.— 

20 ‘‘(1) IN GENERAL.—An alien admitted as a 

21 nonimmigrant under section 101(a)(15)(W) and the 

22 spouse or child of such alien admitted pursuant to 

23 subsection (i)— 

24 ‘‘(A) may travel outside of the United 

25 States; and 
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1 ‘‘(B) may be readmitted to the United 

2 States without having to obtain a new visa if 

3 the period of authorized admission under sec4 tion 101(a)(15)(W) has not expired. 

5 ‘‘(2) EFFECT ON PERIOD OF AUTHORIZED AD6 MISSION.—Time spent outside the United States 

7 under paragraph (1) may not extend the period of 

8 authorized admission in the United States permitted 

9 for an alien admitted under section 101(a)(15)(W) 

10 or for the spouse or child of such alien admitted 

11 under subsection (i). 

12 ‘‘(k) EMPLOYMENT.— 

13 ‘‘(1) PORTABILITY.—An alien admitted as a 

14 nonimmigrant under section 101(a)(15)(W) may be 

15 employed by any United States employer that uti16 lizes the Employment Management System described 

17 in section 218C. 

18 ‘‘(2) CONTINUOUS EMPLOYMENT.— 

19 ‘‘(A) REQUIREMENT FOR EMPLOYMENT.— 

20 An alien admitted under section 101(a)(15)(W) 

21 shall be employed while in the United States. 

22 An alien who fails to be employed for 30 con23 secutive days is ineligible for employment in the 

24 United States unless the alien departs the 

25 United States and thereafter provides evidence 
26 

•S 2326 IS

1 of an offer of employment with any United 

2 States employer that utilizes the Employment 

3 Management System described in section 218C. 

4 ‘‘(B) WAIVER.—The Secretary of Home5 land Security may, in the Secretary’s sole and 

6 unreviewable discretion, waive the application of 

7 subparagraph (A) for an alien and authorize 

8 the alien for employment without requiring the 

9 alien to depart the United States. 

10 ‘‘(l) ADJUSTMENT OF STATUS TO LAWFUL PERMA11 NENT RESIDENT.— 

12 ‘‘(1) ELIGIBILITY.—An alien admitted as a 

13 nonimmigrant under section 101(a)(15)(W) shall be 

14 eligible for an adjustment of status pursuant to sec15 tion 245 after such alien has completed a period of 

16 employment in the United States of not less than 6 

17 years. 

18 ‘‘(2) FAMILY ELIGIBILITY.—The spouse or child 

19 of an alien granted an adjustment of status as de20 scribed in paragraph (1) shall be eligible as a deriva21 tive beneficiary for adjustment of status. 

22 ‘‘(m) NUMERICAL LIMIT.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 the Secretary of Homeland Security may not admit 
27 

•S 2326 IS

1 more than 500,000 aliens as nonimmigrants pursu2 ant to section 101(a)(15)(W) during a fiscal year. 

3 ‘‘(2) AUTHORITY TO INCREASE LIMITATION.— 

4 The Secretary of Homeland Security may waive the 

5 numerical limitation described in paragraph (1) for 

6 a fiscal year if the Secretary determines that busi7 nesses in the United States would benefit from such 

8 waiver.’’. 

9 (b) INITIAL RECEIPT OF APPLICATIONS.—The Sec10 retary of Homeland Security shall begin accepting applica11 tions for nonimmigrant status under section 

12 101(a)(15)(W) of the Immigration and Nationality Act, 

13 as added by section 201, not later than 6 months after 

14 the date of the enactment of this Act. 

15 (c) CONFORMING AMENDMENT.—Section 248(1) of 

16 the Immigration and Nationality Act (8 U.S.C. 1258(1)) 

17 is amended by striking ‘‘or (S)’’ and inserting ‘‘(S), or 

18 (W)’’. 

19 SEC. 203. SPECIAL RULE FOR MEXICO. 

20 (a) IN GENERAL.—No alien who is a citizen or na21 tional of Mexico shall be eligible for status as a non22 immigrant under section 101(a)(15)(W) of the Immigra23 tion and Nationality Act, as added by section 201, a 

24 change of status under section 218B of the Immigration 

25 and Nationality Act, as added by section 301, an exemp-
28 

•S 2326 IS

1 tion from numerical limitations under section 

2 201(b)(1)(F) of the Immigration and Nationality Act, as 

3 added by section 602, or for an immigration benefit de4 scribed in section 603, 604, or 605 until the date that 

5 Government of Mexico enters into a bilateral agreement 

6 with the Government of the United States, as described 

7 in subsection (b). 

8 (b) REQUIREMENTS FOR BILATERAL AGREEMENT.— 

9 The bilateral agreement referred to in subsection (a) shall 

10 require the Government of Mexico— 

11 (1) to accept the return of a citizen or national 

12 of Mexico who is ordered removed from the United 

13 States not later than 5 days after such order is 

14 issued; 

15 (2) to cooperate with the Government of the 

16 United States— 

17 (A) to identify, track, and reduce— 

18 (i) gang membership and violence in 

19 the United States and Mexico; 

20 (ii) human trafficking and smuggling 

21 between the United States and Mexico; 

22 and 

23 (iii) drug trafficking and smuggling 

24 between the United States and Mexico; 

25 and 
29 

•S 2326 IS

1 (B) to control illegal immigration from 

2 Mexico into the United States; 

3 (3) to provide the Government of the United 

4 States with— 

5 (A) the passport information and criminal 

6 record of any citizen or national of Mexico who 

7 is seeking admission to the United States or is 

8 present in the United States; and 

9 (B) admission and entry data maintained 

10 by the Government of Mexico to facilitate the 

11 entry-exit data systems maintained by the 

12 United States; and 

13 (4) to carry out activities to educate citizens 

14 and nationals of Mexico regarding eligibility for sta15 tus as a nonimmigrant under section 101(a)(15)(W) 

16 of the Immigration and Nationality Act, as added by 

17 section 201, or a change of status under section 

18 218B of the Immigration and Nationality Act, as 

19 added by section 301 of this Act, to ensure that 

20 such citizens and nationals are not exploited while 

21 working in the United States. 

22 (c) ANNUAL REPORT.—Not later than 180 days after 

23 the date of the enactment of this Act, and annually there24 after, the Secretary of Homeland Security shall submit to 

25 Congress a report on the bilateral agreement described in 
30 

•S 2326 IS

1 this section and the activities of the Government of Mexico 

2 to carry out such agreement. 

3 SEC. 204. STATUTORY CONSTRUCTION. 

4 Nothing in this title, or any amendment made by this 

5 title, shall be construed to create any substantive or proce6 dural right or benefit that is legally enforceable by any 

7 party against the United States or its agencies or officers 

8 or any other person. 

9 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated such sums 

11 as may be necessary for facilities, personnel (including 

12 consular officers), training, technology and processing nec13 essary to carry out the amendments made by this title. 

14 TITLE III—NONIMMIGRANT 

15 GUEST WORKER STATUS FOR 

16 UNAUTHORIZED ALIENS 

17 SEC. 301. NONIMMIGRANT GUEST WORKER STATUS FOR 

18 UNAUTHORIZED ALIENS. 

19 (a) IN GENERAL.—The Immigration and Nationality 

20 Act (8 U.S.C. 1101 et seq.) is amended by inserting after 

21 section 218A, as added by section 202, the following new 

22 section: 
31 

•S 2326 IS

1 ‘‘SEC. 218B. CHANGE OF STATUS OF UNAUTHORIZED 

2 ALIENS. 

3 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se4 curity shall grant nonimmigrant status under section 

5 101(a)(15)(W) to an alien who is in the United States 

6 illegally if such alien meets the requirements of this sec7 tion. 

8 ‘‘(b) GENERAL REQUIREMENTS.—An alien may be el9 igible for a change of status under this section if the alien 

10 meets the following requirements: 

11 ‘‘(1) PRESENCE.—An alien must establish that 

12 the alien was physically present in the United States 

13 prior to the date of introduction of the Welcoming 

14 Immigrants to a Secure Homeland Act of 2006 in 

15 the Senate and was not legally present in the United 

16 States under any classification set forth in section 

17 101(a)(15) on that date. 

18 ‘‘(2) EMPLOYMENT.—An alien must establish 

19 that the alien was employed in the United States 

20 prior to the date of introduction of such Act in the 

21 Senate, and has not been unemployed in the United 

22 States for 30 or more consecutive days since that 

23 date. 

24 ‘‘(3) MEDICAL EXAMINATION.—An alien shall, 

25 at the alien’s expense, undergo a medical examina26 tion (including a determination of immunization sta-
32 

•S 2326 IS

1 tus) that conforms to generally accepted professional 

2 standards of medical practice. 

3 ‘‘(c) APPLICATION CONTENT AND WAIVER.— 

4 ‘‘(1) APPLICATION FORM.—The Secretary of 

5 Homeland Security shall create an application form 

6 that an alien shall be required to complete as a con7 dition of obtaining a change of status under this sec8 tion. 

9 ‘‘(2) CONTENT.—In addition to any other infor10 mation that the Secretary determines is required to 

11 determine an alien’s eligibility for a change of status 

12 under this section, the Secretary shall require that 

13 the alien— 

14 ‘‘(A) provide answers to questions con15 cerning the alien’s criminal history and gang 

16 membership, immigration history, and involve17 ment with groups or individuals that have en18 gaged in terrorism, genocide, persecution, or 

19 who seek the overthrow of the Government of 

20 the United States; 

21 ‘‘(B) provide any Social Security account 

22 number or card in the possession of the alien or 

23 relied upon by the alien; and 

24 ‘‘(C) provide any false or fraudulent docu25 ments in the alien’s possession. 
33 

•S 2326 IS

1 ‘‘(3) WAIVER OF RIGHTS.— 

2 ‘‘(A) AUTHORITY TO REQUEST.—The Sec3 retary may request that an alien include with 

4 the application a waiver of rights that states 

5 that the alien, in exchange for the discretionary 

6 benefit of obtaining a change of status under 

7 this section, agrees to waive any right— 

8 ‘‘(i) to administrative or judicial re9 view or appeal of an immigration officer’s 

10 determination as to the alien’s admissi11 bility; or 

12 ‘‘(ii) to contest any removal action, 

13 other than on the basis of an application 

14 for asylum pursuant to the provisions con15 tained in section 208 or 241(b)(3), or 

16 under the Convention Against Torture and 

17 Other Cruel, Inhuman or Degrading Treat18 ment or Punishment, done at New York 

19 December 10, 1984, if such removal action 

20 is initiated after the termination of the 

21 alien’s period of authorized admission as a 

22 nonimmigrant under section 

23 101(a)(15)(W). 

24 ‘‘(B) REFUSAL TO WAIVE.—The Secretary 

25 may not refuse to grant nonimmigrant status 
34 

•S 2326 IS

1 under section 101(a)(15)(W) because an alien 

2 does not submit the waiver described in sub3 paragraph (A). 

4 ‘‘(C) KNOWLEDGE.—The Secretary of 

5 Homeland Security shall require an alien to in6 clude with the application a signed certification 

7 in which the alien certifies that the alien has 

8 read and understood all of the questions, state9 ments, and terms of the application form, and 

10 that the alien certifies under penalty of perjury 

11 under the laws of the United States that the 

12 application, and any evidence submitted with it, 

13 are all true and correct, and that the applicant 

14 authorizes the release of any information con15 tained in the application and any attached evi16 dence for law enforcement purposes. 

17 ‘‘(4) APPLICATION FEE AND FINES.— 

18 ‘‘(A) REQUIREMENT TO PAY.—An alien 

19 applying for a change of status under this sec20 tion shall pay— 

21 ‘‘(i) a $250 visa issuance fee in addi22 tion to the cost of processing and adjudi23 cating such application; and 

24 ‘‘(ii) a fine of $1000. 
35 

•S 2326 IS

1 ‘‘(B) CONSTRUCTION.—Nothing in this 

2 paragraph shall be construed to affect consular 

3 procedures for charging reciprocal fees. 

4 ‘‘(d) ADMISSIBILITY.— 

5 ‘‘(1) IN GENERAL.—In determining an alien’s 

6 eligibility for a change of status under this section— 

7 ‘‘(A) the alien shall establish that the 

8 alien— 

9 ‘‘(i) except as provided as in subpara10 graph (B), is admissible to the United 

11 States; and 

12 ‘‘(ii) has not assisted in the persecu13 tion of any person or persons on account 

14 of race, religion, nationality, membership 

15 in a particular social group, or political 

16 opinion; 

17 ‘‘(B) paragraphs (5), (6)(A), and (7) of 

18 section 212(a) shall not apply to the admissi19 bility of such alien; 

20 ‘‘(C) the Secretary of Homeland Security 

21 may waive any other provision of section 

22 212(a), or a ground of ineligibility under para23 graph (4), in the case of individual aliens for 

24 humanitarian purposes, to assure family unity, 

25 or when it is otherwise in the public interest. 
36 

•S 2326 IS

1 ‘‘(2) WAIVER FEE.—An alien who is granted a 

2 waiver under subparagraph (C) shall pay a $100 fee 

3 upon approval of the alien’s visa application. 

4 ‘‘(e) INELIGIBLE.—An alien is ineligible for the 

5 change of status provided by this section if the alien— 

6 ‘‘(1) is subject to a final order or removal under 

7 section 240; 

8 ‘‘(2) failed to depart the United States during 

9 the period of a voluntary departure order under sec10 tion 240B; 

11 ‘‘(3) has been issued a Notice to Appear under 

12 section 239, unless the sole acts of conduct alleged 

13 to be in violation of the law are that the alien is re14 movable under section 237(a)(1)(C) or is inadmis15 sible under section 212(a)(6)(A); 

16 ‘‘(4) fails to comply with any request for infor17 mation made by the Secretary of Homeland Secu18 rity; 

19 ‘‘(5) commits an act that makes the alien re20 movable from the United States. 

21 ‘‘(f) IMPLEMENTATION AND APPLICATION TIME PE22 RIODS.— 

23 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

24 Security shall ensure that the application process for 
37 

•S 2326 IS

1 an adjustment of status under this section is secure 

2 and incorporates antifraud protection. 

3 ‘‘(2) APPLICATION.—An alien must submit an 

4 initial application for a change of status under this 

5 section not later than 3 years after the date of the 

6 enactment of the Welcoming Immigrants to a Secure 

7 Homeland Act of 2006. An alien that fails to comply 

8 with this requirement is ineligible for a change of 

9 status under this section. 

10 ‘‘(3) COMPLETION OF PROCESSING.—The Sec11 retary of Homeland Security shall ensure that all 

12 applications for a change of status under this section 

13 are processed not later than 3 years after the date 

14 of the application. 

15 ‘‘(4) LOCATION.—An alien applying for a 

16 change of status under this section need not depart 

17 the United States in order to apply for such a 

18 change of status. 

19 ‘‘(g) FAILURE TO ACT.—An alien unlawfully in the 

20 United States who fails to apply for a change of status 

21 pursuant to this section or fails to depart from the United 

22 States prior to the date that is 6 years after the date of 

23 the enactment of the Welcoming Immigrants to a Secure 

24 Homeland Act of 2006 is not eligible and may not apply 

25 for or receive any immigration relief or benefit under this 
38 

•S 2326 IS

1 Act or any other law, with the exception of section 208 

2 or 241(b)(3) or the Convention Against Torture and Other 

3 Cruel, Inhuman or Degrading Treatment or Punishment, 

4 done at New York December 10, 1984. 

5 ‘‘(h) SECURITY AND LAW ENFORCEMENT BACK6 GROUND CHECKS.— 

7 ‘‘(1) BIOMETRIC DATA.—An alien may not be 

8 granted a change of status under this section unless 

9 the alien submits biometric data in accordance with 

10 procedures established by the Secretary of Home11 land Security. 

12 ‘‘(2) BACKGROUND CHECKS.—The Secretary of 

13 Homeland Security may not grant a change of sta14 tus under this section until all appropriate back15 ground checks, including any that the Secretary, in 

16 the Secretary’s discretion may require, are com17 pleted to the satisfaction of the Secretary of Home18 land Security. 

19 ‘‘(i) DURATION, EXTENSION, AND REENTRY.— 

20 ‘‘(1) DURATION AND EXTENSION.—The period 

21 of authorized admission for an alien granted a 

22 change of status under this section shall be 3 years, 

23 and may be extended for 2 additional 3-year periods 

24 if the alien establishes that the alien has a job with 
39 

•S 2326 IS

1 an employer that utilizes the Employment Manage2 ment System described in section 218C. 

3 ‘‘(2) APPLICATION FOR EXTENSION.— 

4 ‘‘(A) IN GENERAL.—An alien granted a 

5 change of status for a 3-year period under this 

6 section who is seeking an extension of such sta7 tus shall submit an application for such exten8 sion no more than 90 days and no less than 45 

9 days before the end of such 3-year period. The 

10 application shall provide evidence of employ11 ment with an employer that utilizes the Em12 ployment Management System described in sec13 tion 218C. 

14 ‘‘(B) FEE.—An alien who submits an ap15 plication for an extension described in subpara16 graph (A), shall pay a $100 fee with such appli17 cation. 

18 ‘‘(3) REENTRY.—Unless an alien is granted a 

19 change of status or adjustment of status pursuant to 

20 subsection (n), an alien granted a change of status 

21 pursuant to this section shall, upon the expiration of 

22 the time period for authorized admission under this 

23 section, leave the United States and be ineligible to 

24 reenter the United States as a nonimmigrant under 

25 section 101(a)(15)(W), or receive any other immi-
40 

•S 2326 IS

1 gration relief or benefit under this Act or any other 

2 law, with the exception of section 208 or 241(b)(3) 

3 or the Convention Against Torture and Other Cruel, 

4 Inhuman or Degrading Treatment or Punishment, 

5 done at New York December 10, 1984, until the 

6 alien has resided continuously in the alien’s home 

7 country for a period of not less than 3 years. 

8 ‘‘(j) STANDARDS FOR DOCUMENTATION.— 

9 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

10 Security shall ensure that the document issued to 

11 provide evidence of status under this section shall be 

12 machine-readable, tamper-resistant, and allow for bi13 ometric authentication. The Secretary of Homeland 

14 Security is authorized to incorporate integrated-cir15 cuit technology into the document. 

16 ‘‘(2) CONSULTATION.—The Secretary of Home17 land Security shall consult with the head of the Fo18 rensic Document Laboratory and such other Federal 

19 agencies as may be appropriate in designing the doc20 ument. 

21 ‘‘(3) USE OF DOCUMENT.—The document may 

22 serve as a travel, entry, and work authorization doc23 ument during the period of its validity. 

24 ‘‘(k) FAILURE TO DEPART.— 
41 

•S 2326 IS

1 ‘‘(1) INADMISSABILITY FOR FAILURE TO DE2 PART.—Subject to paragraph (2), an alien who fails 

3 to depart the United States prior to the date that 

4 is 10 days after the date that the alien’s authorized 

5 period of admission under this section ends is not el6 igible for and may not apply for or receive any im7 migration relief or benefit under this Act or any 

8 other law for a period of 10 years. 

9 ‘‘(2) EXCEPTION.—The prohibition in para10 graph (1) may not be applied to prohibit the admis11 sion of an alien under section 208 or 241(b)(3) of 

12 the Convention Against Torture and Other Cruel, 

13 Inhuman or Degrading Treatment or Punishment, 

14 done at New York, December 10, 1984. 

15 ‘‘(l) TRAVEL OUTSIDE THE UNITED STATES.— 

16 ‘‘(1) IN GENERAL.—An alien granted a change 

17 of status under this section and the spouse or child 

18 of such alien admitted pursuant to subsection (o)— 

19 ‘‘(A) may travel outside of the United 

20 States; and 

21 ‘‘(B) may be readmitted without having to 

22 obtain a new visa if the period of authorized ad23 mission under this section has not expired. 

24 ‘‘(2) EFFECT ON PERIOD OF AUTHORIZED AD25 MISSION.—Time spent outside the United States 
42 

•S 2326 IS

1 under paragraph (1) may not extend the period of 

2 authorized admission in the United States permitted 

3 for an alien under this section or for the spouse or 

4 child of such alien admitted under subsection (o). 

5 ‘‘(m) EMPLOYMENT.— 

6 ‘‘(1) IN GENERAL.—An alien granted a change 

7 of status under this section shall be employed by an 

8 employer that utilizes the Employment Management 

9 System described in section 218C not more than 3 

10 months after the date the alien applies for a change 

11 of status under this section. 

12 ‘‘(2) LIABILITY FOR PENALTIES OR FEES.—The 

13 employer of an alien granted a change of status 

14 under this section shall not be liable for any civil or 

15 criminal penalties or fees for hiring the alien prior 

16 to such change of status if the employer begins to 

17 utilize such Employment Management System pur18 suant to this subsection. 

19 ‘‘(3) PORTABILITY.—An alien may be employed 

20 by any other United States employer who utilizes the 

21 Employment Management System established by 

22 section 218C. 

23 ‘‘(4) CONTINUOUS EMPLOYMENT.— 

24 ‘‘(A) REQUIREMENT FOR EMPLOYMENT.— 

25 An alien granted a change of status under this 
43 

•S 2326 IS

1 section who fails to be employed for 30 consecu2 tive days is ineligible for reentry or employment 

3 in the United States unless the alien departs 

4 the United States and is admitted for reentry 

5 under a provision of this Act or any other pro6 vision of law. 

7 ‘‘(B) WAIVER.—The Secretary of Home8 land Security may, in the Secretary’s sole and 

9 unreviewable discretion, waive the application of 

10 subparagraph (A) for an alien and authorize 

11 the alien for employment without requiring the 

12 alien to depart the United States. 

13 ‘‘(n) LIMITATION ON CHANGE OF STATUS OR AD14 JUSTMENT OF STATUS.— 

15 ‘‘(1) IN GENERAL.—An alien described in para16 graph (2) may apply for a visa, an adjustment of 

17 status, or other immigration benefit, other than for 

18 adjustment of status to lawful permanent resident, 

19 after the alien has resided lawfully in the United 

20 States pursuant to a change of status granted as de21 scribed in this section for a period of not less than 

22 5 years, but such application shall not be granted 

23 until the alien has returned to the alien’s home 

24 country. 
44 

•S 2326 IS

1 ‘‘(2) REQUIREMENTS TO APPLY.—An alien de2 scribed in this paragraph is an alien who— 

3 ‘‘(A) has been granted a change of status 

4 under this section; and 

5 ‘‘(B) during the 5-year period ending on 

6 the date of the enactment of the Welcoming Im7 migrants to a Secure Homeland Act of 2006— 

8 ‘‘(i) was physically present in the 

9 United States; and 

10 ‘‘(ii) unemployed for no more than 30 

11 consecutive days. 

12 ‘‘(o) FAMILY MEMBERS.— 

13 ‘‘(1) IN GENERAL.—The spouse or child of an 

14 alien admitted as a nonimmigrant under this section 

15 may be admitted to the United States— 

16 ‘‘(A) as a nonimmigrant for the same 

17 amount of time, and on the same terms and 

18 conditions, as the alien granted a change of sta19 tus under this section; or 

20 ‘‘(B) under any other provision of law, if 

21 such family member is otherwise eligible for ad22 mission. 

23 ‘‘(2) APPLICATION FEE.—The spouse or child 

24 of an alien admitted under this section who is seek25 ing to be admitted pursuant to this subsection shall 
45 

•S 2326 IS

1 submit, in addition to any other fee authorized by 

2 law, an additional fee of $100. 

3 ‘‘(p) NUMERICAL LIMIT.—There shall be no numer4 ical limitation on the number of aliens granted a change 

5 of status under this section. 

6 ‘‘(q) PENALTIES FOR FALSE STATEMENTS.— 

7 ‘‘(1) CRIMINAL PENALTY.— 

8 ‘‘(A) VIOLATION.—It shall be unlawful for 

9 any person— 

10 ‘‘(i) to file or assist in filing an appli11 cation for a change of status under this 

12 section and knowingly or willfully falsify, 

13 misrepresent, conceal, or cover up a mate14 rial fact or make any false, fictitious, or 

15 fraudulent statements or representations, 

16 or make or use any false writing or docu17 ment knowing the same to contain any 

18 false, fictitious, or fraudulent statement or 

19 entry; or 

20 ‘‘(ii) to create or supply a false writ21 ing or document for use in making such an 

22 application. 

23 ‘‘(B) PENALTY.—Any person who violates 

24 subparagraph (A) shall be fined in accordance 
46 

•S 2326 IS

1 with title 18, United States Code, imprisoned 

2 not more than 5 years, or both. 

3 ‘‘(2) INADMISSIBILITY.—An alien who is con4 victed of a crime under paragraph (1) shall be con5 sidered to be inadmissible to the United States on 

6 the ground described in section 212(a)(6)(C)(i).’’. 

7 (b) INITIAL RECEIPT OF APPLICATIONS.—The Sec8 retary of Homeland Security shall begin accepting applica9 tions for a change of status under section 218B of the 

10 Immigration and Nationality Act, as added by subsection 

11 (a), not later than 6 months after the date of the enact12 ment of this Act. 

13 SEC. 302. STATUTORY CONSTRUCTION. 

14 Nothing in this title, or any amendment made by this 

15 title, shall be construed to create any substantive or proce16 dural right or benefit that is legally enforceable by any 

17 party against the United States or its agencies or officers 

18 or any other person. 

19 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 

20 There is authorized to be appropriated such sums as 

21 may be necessary for facilities, personnel (including con22 sular officers), training, technology, and processing nec23 essary to carry out the amendments made by this title. 
47 

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1 TITLE IV—EMPLOYMENT 

2 MANAGEMENT SYSTEM 

3 SEC. 401. EMPLOYMENT MANAGEMENT SYSTEM. 

4 The Immigration and Nationality Act (8 U.S.C. 1101 

5 et seq.) is amended by inserting after section 218B, as 

6 added by section 301, the following new section: 

7 ‘‘SEC. 218C. EMPLOYMENT MANAGEMENT SYSTEM. 

8 ‘‘(a) ESTABLISHMENT.— 

9 ‘‘(1) PURPOSE.—The Secretary of Homeland 

10 Security, in consultation with the Secretary of 

11 Labor, the Secretary of State, and the Commissioner 

12 of Social Security, shall develop and implement a 

13 program to authorize, manage, and track the em14 ployment of aliens described in section 218A or 

15 218B. 

16 ‘‘(2) SCHEDULE.—The program required by 

17 subsection (a) shall commence prior to any alien 

18 being admitted as a nonimmigrant under section 

19 101(a)(15)(W) pursuant to section 218A or granted 

20 a change of status under section 218B. 

21 ‘‘(3) REQUIREMENTS.—The program required 

22 by this subsection shall— 

23 ‘‘(A) enable an employer seeking to hire an 

24 alien described in section 218A or 218B to 

25 apply for authorization to employ such alien; 
48 

•S 2326 IS

1 ‘‘(B) be interoperable with Social Security 

2 databases and shall provide a means of imme3 diately verifying the identity and employment 

4 authorization of an alien described in section 

5 218A or 218B; 

6 ‘‘(C) require an employer to utilize readers, 

7 scanners, or other affordable technology at the 

8 location of employment or at a nearby Federal 

9 facility to transmit the biometric and biographic 

10 information contained in the alien’s evidence of 

11 status to the Secretary of Homeland Security; 

12 ‘‘(D) require an employer that employs an 

13 alien described in section 218A or 218B to no14 tify the Secretary not more than 5 business 

15 days after the date of the termination of the 

16 alien’s employment and prohibit such an em17 ployer from hiring another such alien for such 

18 employment until the employer provides such 

19 notice; and 

20 ‘‘(E) collects sufficient information from 

21 employers to enable the Secretary of Homeland 

22 Security to identify— 

23 ‘‘(i) whether an alien described in sec24 tion 218A or 218B is employed; 
49 

•S 2326 IS

1 ‘‘(ii) an employer who has hired an 

2 alien described in section 218A or 218B; 

3 ‘‘(iii) the number of aliens described 

4 in section 218A or 218B that are employed 

5 by an employer; and 

6 ‘‘(iv) the occupation, industry and 

7 length of time that an alien described in 

8 section 218A or 218B has been employed 

9 in the United States. 

10 ‘‘(b) APPLICATION TO EMPLOY ALIENS DESCRIBED

11 IN SECTION 218A OR 218B.— 

12 ‘‘(1) REQUIREMENT FOR APPLICATION.—An 

13 employer shall submit to the Secretary of Homeland 

14 Security an application to request an authorization 

15 to employ aliens described in section 218A or 218B. 

16 Such application shall— 

17 ‘‘(A) establish that such aliens will be em18 ployed by a legitimate company; 

19 ‘‘(B) include an attestation that the em20 ployer will comply with the terms of the pro21 gram required by subsection (a) and with all 

22 other applicable Federal, State, and local laws 

23 and regulations, including provisions to protect 

24 employees; and 
50 

•S 2326 IS

1 ‘‘(C) include the number of such aliens the 

2 employer is seeking to employ. 

3 ‘‘(2) FORM OF APPLICATION.—The Secretary 

4 shall permit an employer to submit the application 

5 described in paragraph (1) in a written or electronic 

6 form. 

7 ‘‘(c) PROTECTION OF UNITED STATES WORKERS.— 

8 An employer may not hire an alien described in section 

9 218A or 218B for a vacancy unless the employer submits 

10 an attestation to the Secretary of Homeland Security 

11 that— 

12 ‘‘(1) the employer has advertised the position in 

13 a national, electronic job registry maintained by the 

14 Secretary of Labor for not less than 30 days; 

15 ‘‘(2) the employer has offered the position to 

16 any eligible United States worker who applies and is 

17 equally or better qualified for the vacancy for which 

18 such an alien is sought and who will be available at 

19 the time and place of need, and the employer will 

20 maintain records for not less than 1 year that de21 scribe the reason that a United States worker who 

22 applied for such vacancy was not hired; 

23 ‘‘(3) the employer shall comply with the terms 

24 of the program required by subsection (a), including 

25 the terms of any temporary worker monitoring pro-
51 

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1 gram established by the Secretary of Homeland Se2 curity; 

3 ‘‘(4) an alien hired for the vacancy shall be paid 

4 not less than the greater of— 

5 ‘‘(A) the hourly wage prescribed under sec6 tion 6(a)(1) of the Fair Labor Standards Act of 

7 1938 (29 U.S.C. 206(a)(1)); or 

8 ‘‘(B) the applicable State minimum wage; 

9 ‘‘(5) the employer will pay such alien in a time10 ly manner and accurately maintain all payroll 

11 records for such alien; and 

12 ‘‘(6) the employment of such alien shall not ad13 versely affect the working conditions of other simi14 larly employed United States workers. 

15 ‘‘(d) APPROVAL.—After determining that there are 

16 no United States workers who are qualified and willing 

17 to obtain the employment for which the employer is seek18 ing an alien described in section 218A or 218B, the Sec19 retary of Homeland Security may approve the application 

20 submitted by the employer under subsection (b). Such ap21 proval shall be valid for a 10-year period unless the em22 ployer violates a term of this section, in which case the 

23 Secretary may, in the discretion of the Secretary, revoke 

24 the approval. 
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1 ‘‘(e) PENALTIES.—An employer who employs an alien 

2 described in section 218A or 218B without obtaining au3 thorization from the Secretary of Homeland Security pur4 suant to this section is subject to— 

5 ‘‘(1) the same penalties and provisions as an 

6 employer who violates paragraph (1)(A) or (2) of 

7 section 274(a); and 

8 ‘‘(2) any penalties prescribed by the Secretary 

9 of Homeland Security by regulation, which may in10 clude monetary penalties and ineligibility to employ 

11 an alien described in section 218A or 218B.’’. 

12 SEC. 402. LABOR INVESTIGATIONS AND PENALTIES. 

13 (a) IN GENERAL.—The Secretary of Homeland Secu14 rity, in cooperation with the Secretary of Labor, shall con15 duct random audits of employers who employ aliens de16 scribed under section 218A or 218B of the Immigration 

17 and Nationality Act, as added by section 202 and 301, 

18 respectively. 

19 (b) PENALTIES.—The Secretary of Homeland Secu20 rity shall establish penalties, which may include ineligi21 bility to employ an alien described in section 218A or 

22 218B of the Immigration and Nationality Act, as added 

23 by section 202 and 301, respectively, for employers who 

24 fail to comply with section 218C of such Act, as added 

25 by section 401 of this Act, and shall establish protections 
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1 for aliens who report employers who fail to comply with 

2 such section 218C. 

3 TITLE V—PROTECTION AGAINST 

4 IMMIGRATION FRAUD 

5 SEC. 501. GRANTS TO SUPPORT PUBLIC EDUCATION AND 

6 TRAINING. 

7 (a) PURPOSE.—The purpose of this title is to provide 

8 grants to nonprofit entities, immigrant communities, and 

9 other interested entities to provide education and training 

10 to appropriate individuals regarding the changes to immi11 gration law made by this Act, and the amendments made 

12 by this Act, and to provide support to such entities. 

13 (b) AUTHORITY.—The head of the Office of Justice 

14 Programs of the Department of Justice is authorized to 

15 award grants to nonprofit entities, immigrant commu16 nities, and other interested entities for the purposes de17 scribed in subsection (c). 

18 (c) USE OF GRANTS.—The grants awarded under 

19 this section shall be used to fund public education, train20 ing, technical assistance, government liaisons, and related 

21 costs (including personnel and equipment) incurred by 

22 nonprofit entities that provide services to aliens who may 

23 be effected by the changes in immigration law made by 

24 this Act, and the amendments made by this Act, and to 

25 educate, train and support nonprofit organizations, immi-
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1 grant communities, and other interested parties regarding 

2 such changes. Such grants shall be used for educating— 

3 (1) immigrant communities and other interested 

4 entities on the individuals and organizations that 

5 can provide authorized legal representation in immi6 gration matters under regulations prescribed by the 

7 Secretary of Homeland Security, and on the dangers 

8 of securing legal advice and assistance from a person 

9 who is not authorized to provide legal representation 

10 in immigration matters; 

11 (2) interested entities on the requirements for 

12 obtaining nonprofit recognition and accreditation to 

13 represent immigrants under regulations prescribed 

14 by the Secretary of Homeland Security, and pro15 viding nonprofit agencies with training and technical 

16 assistance on the recognition and accreditation proc17 ess; and 

18 (3) nonprofit organizations, immigrant commu19 nities and other interested entities on the process for 

20 obtaining benefits under this Act, and the amend21 ments made by this Act, and the availability of au22 thorized legal representation for low-income persons 

23 who may qualify for benefits under this Act. 

24 (d) IN GENERAL.—The head of the Office of Justice 

25 Programs shall ensure, to the extent possible, that the en-
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1 tities awarded grants under this section shall serve geo2 graphically diverse locations and ethnically diverse popu3 lations who may qualify for benefits under the Act or the 

4 amendments made by this Act. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Office of Justice 

7 Programs at the Department of Justice $10,000,000 to 

8 carry out this section for each of fiscal years 2007 through 

9 2011. 

10 TITLE VI—HIGHLY EDUCATED 

11 AND SKILLED WORKERS 

12 SEC. 601. REMOVAL OF NUMERICAL LIMITATIONS FOR 

13 NONIMMIGRANTS WITH ADVANCED DEGREES. 

14 (a) IN GENERAL.—Section 214(g)(5)(C) of the Im15 migration and Nationality Act (8 U.S.C. 1184(g)(5)(C)) 

16 is amended by striking ‘‘, until the number of aliens who 

17 are exempted from such numerical limitation during such 

18 year exceeds 20,000’’. 

19 (b) APPLICABILITY.—The amendment made by sub20 section (a) shall apply to an alien who— 

21 (1) has submitted an application for a visa that 

22 is pending on the date of the enactment of this Act; 

23 or 

24 (2) files such an application on or after such 

25 date. 
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1 SEC. 602. ALIENS NOT SUBJECT TO NUMERICAL LIMITA2 TIONS ON EMPLOYMENT-BASED IMMI3 GRANTS. 

4 (a) IN GENERAL.—Section 201(b)(1) of the Immi5 gration and Nationality Act (8 U.S.C. 1151(b)(1)) is 

6 amended by adding at the end the following: 

7 ‘‘(F) Aliens who have earned an advanced 

8 degree in science, technology, engineering, or 

9 math from an accredited university in the 

10 United States and have been working in a re11 lated field in the United States under a non12 immigrant visa during the 3-year period pre13 ceding their application for an immigrant visa 

14 under section 203(b). 

15 ‘‘(G) Aliens described in subparagraph (A) 

16 or (B) of section 203(b)(1) or who have re17 ceived a national interest waiver under section 

18 203(b)(2)(B). 

19 ‘‘(H) The spouse and child of an alien who 

20 is admitted as an employment-based immigrant 

21 under section 203(b).’’. 

22 (b) APPLICABILITY.—The amendment made by sub23 section (a) shall apply to an alien who— 

24 (1) has submitted an application for a visa that 

25 is pending on the date of the enactment of this Act; 

26 or 
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1 (2) files such an application on or after such 

2 date. 

3 SEC. 603. OFF-CAMPUS WORK AUTHORIZATION FOR FOR4 EIGN STUDENTS. 

5 (a) IN GENERAL.—Aliens admitted as nonimmigrant 

6 students described in section 101(a)(15)(F) of the Immi7 gration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) 

8 may be employed in an off-campus position unrelated to 

9 the alien’s field of study if— 

10 (1) the alien has enrolled full time at the edu11 cational institution and is maintaining good aca12 demic standing; 

13 (2) the employer provides the educational insti14 tution and the Secretary of Labor with an attesta15 tion that the employer— 

16 (A) has attempted to recruit a citizen of 

17 the United States to fill such position for a pe18 riod of not less than 3 months recruiting 

19 United States; and 

20 (B) will pay the alien and other similarly 

21 situated workers at a rate equal to not less 

22 than the greater of— 

23 (i) the actual wage level for the occu24 pation at the place of employment; or 
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1 (ii) the prevailing wage level for the 

2 occupation in the area of employment; and 

3 (3) the alien will not be employed more than— 

4 (A) 20 hours per week during the aca5 demic term; or 

6 (B) 40 hours per week during vacation pe7 riods and between academic terms. 

8 (b) DISQUALIFICATION.—If the Secretary of Labor 

9 determines that an employer has provided an attestation 

10 under subsection (a)(2) that is materially false or has 

11 failed to pay wages in accordance with the attestation, the 

12 employer, after notice and opportunity for a hearing, shall 

13 be disqualified from employing an alien student under this 

14 section. 

15 SEC. 604. TEMPORARY VISAS FOR GRADUATING STUDENTS. 

16 Notwithstanding any other provision of law, the Sec17 retary of Homeland Security shall grant a temporary non18 immigrant visa to an alien to permit the alien to remain 

19 in the United States while awaiting the issuance of an em20 ployment based nonimmigrant visa if the alien— 

21 (1) graduated with honors from an established 

22 college or university in the United States while ad23 mitted to the United States pursuant to a visa 

24 issued under subparagraph (F), (J), or (M) of sec-
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1 tion 101(a)(15) of the Immigration and Nationality 

2 Act (8 U.S.C. 1101(a)(15)); 

3 (2) has a bona fide offer of employment from 

4 an employer who utilizes the Employment Manage5 ment System described in section 218C of the Immi6 gration and Nationality Act, as added by section 

7 401; and 

8 (3) submits to the Secretary an application for 

9 such visa. 

10 SEC. 605. TRAVEL AUTHORIZATION. 

11 Notwithstanding any other provision of law, the Sec12 retary of Homeland Security shall permit an alien attend13 ing an established college or university in the United 

14 States to travel outside of the United States if— 

15 (1) the alien is admitted to the United States 

16 pursuant to a visa issued under subparagraph (F), 

17 (J), or (M) of section 101(a)(15) of the Immigration 

18 and Nationality Act (8 U.S.C. 1101(a)(15)); 

19 (2) the purpose of such travel is to attend a 

20 meeting, seminar, lecture, or similar event in a field 

21 related to the alien’s field of study; and 

22 (3) the alien submits to the Secretary a request 

23 for authorization for such travel not later than 30 

24 days prior to the alien’s proposed date of departure. 
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1 SEC. 606. ADDITIONAL EMPLOYEES AND TECHNOLOGIES. 

2 (a) INCREASED EMPLOYEES.—During each of fiscal 

3 years 2007 through 2011, the Secretary of Homeland Se4 curity shall, subject to the availability of appropriations 

5 for such purpose, increase by not less than 100 the num6 ber of Homeland Security personnel dedicated to proc7 essing applications for visas applied for pursuant to sub8 paragraph (F), (J), or (M) of section 101(a)(15) of the 

9 Immigration and Nationality Act (8 U.S.C. 1101(a)(15). 

10 (b) IMPROVED PROCEDURES.—The Secretary of 

11 Homeland Security shall improve technology and auto12 mated procedures to enhance visa clearance procedures for 

13 visas applied for pursuant to subparagraph (F), (J), or 

14 (M) of section 101(a)(15) of the Immigration and Nation15 ality Act (8 U.S.C. 1101(a)(15)). 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated during each of fiscal 

18 years 2007 through 2011 such sums as may be necessary 

19 to carry out this section. 

20 TITLE VII—TRAVEL RESTRIC21 TIONS FOR TEMPORARY VISI22 TORS 

23 SEC. 701. TRAVEL RESTRICTIONS. 

24 Section 214 of the Immigration and Nationality Act 

25 (8 U.S.C. 1184) is amended by adding at the end the fol26 lowing new subsection: 
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1 ‘‘(s) The Secretary of Homeland Security— 

2 ‘‘(1) may not prohibit an nonimmigrant admit3 ted under section 101(a)(15)(B) from traveling up 

4 to 100 miles from an international border of the 

5 United States; and 

6 ‘‘(2) may permit such a nonimmigrant to travel 

7 further from such a border.’’. 

8 TITLE VIII—TEMPORARY 

9 AGRICULTURAL WORKERS 

10 SEC. 801. SENSE OF THE SENATE ON TEMPORARY AGRICUL11 TURAL WORKERS. 

12 It is the sense of the Senate that consideration of 

13 any comprehensive immigration reform during the 109th 

14 Congress should include reform for immigration laws re15 lated to employment of agricultural workers. 

Æ