II 

115TH CONGRESS 

1ST SESSION S. 1040 

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

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2017 

Mr. JOHNSON (for himself and Mr. MCCAIN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

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 2017’’. 

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— 

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

10 ‘‘or’’ at the end; 


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

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

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

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

5 State and who is coming temporarily to the 

6 United States to reside in the State to perform 

7 services, provide capital investment, direct the 

8 operations of an enterprise, or otherwise con9 tribute to the economic development agenda of 

10 the State in a manner determined by the State; 

11 and 

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

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

14 SEC. 3. ADMISSION OF STATE-SPONSORED NON15 IMMIGRANTS. 

16 (a) REQUIREMENTS FOR STATE-SPONSORED NON17 IMMIGRANTS.—Section 214 of the Immigration and Na18 tionality Act (8 U.S.C. 1184) is amended— 

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

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

21 (L), (V), or (W)’’; and 

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

23 ‘‘(s) REQUIREMENTS APPLICABLE TO STATE-SPON24 SORED NONIMMIGRANT VISAS.— 

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


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

2 live and establish a residence in a State for a 

3 consecutive period of more than 14 days (not 

4 including any period after the approval of the 

5 resident’s petition for immigrant status). 

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

7 specifically provided in this subsection, the term 

8 ‘Secretary’ means the Secretary of Homeland 

9 Security. 

10 ‘‘(C) STATE.—Notwithstanding section 

11 101(a)(36), the term ‘State’ means a State of 

12 the United States and the District of Columbia. 

13 ‘‘(D) STATE-SPONSORED NON14 IMMIGRANT.—The term ‘State-sponsored non15 immigrant’ means an alien who has been spon16 sored by a State for admission under section 

17 101(a)(15)(W). 

18 ‘‘(E) STATE-SPONSORED NONIMMIGRANT

19 PROGRAM.—The term ‘State-sponsored non20 immigrant program’ means a nonimmigrant 

21 program to regulate the employment, invest22 ment, and residence of State-sponsored non23 immigrants. 

24 ‘‘(F) STATE-SPONSORED NONIMMIGRANT

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1 immigrant status’ means status granted to an 

2 alien admitted as a nonimmigrant pursuant to 

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

4 ‘‘(2) STATE-SPONSORED NONIMMIGRANT PRO5 GRAM.—Any State may submit an application to the 

6 Secretary to participate in the State-sponsored non7 immigrant program by sponsoring aliens for admis8 sion to the United States. 

9 ‘‘(3) STATE-SPONSORED NONIMMIGRANT PRO10 GRAM APPROVAL.—The Secretary shall approve any 

11 application submitted by a State (or compact of 

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

13 nonimmigrant program that— 

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

15 State; 

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

17 the State, the employment and residence of 

18 State-sponsored nonimmigrants; 

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

20 determined by the Secretary, to inform the Sec21 retary of the failure of a nonimmigrant to com22 ply with the terms of State-sponsored non23 immigrant status when the State is made aware 

24 of such failure; 


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

2 the State, a State-sponsored nonimmigrant who 

3 has been admitted to seek employment with an 

4 employer other than the employer with which 

5 the nonimmigrant was initially employed; and 

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

7 determined by the Secretary, to annually inform 

8 the Secretary of the address and employment of 

9 all State-sponsored nonimmigrants residing in 

10 the State. 

11 ‘‘(4) STATE PETITION.— 

12 ‘‘(A) IN GENERAL.—A State that partici13 pates in the State-sponsored nonimmigrant pro14 gram shall submit a petition in such form and 

15 containing such information as the Secretary 

16 shall specify to sponsor an alien under this sub17 section. 

18 ‘‘(B) APPROVAL.—A visa may not be 

19 granted to an alien described in subparagraph 

20 (A) until the Secretary approves a petition sub21 mitted pursuant to subparagraph (A). Such ap22 proval does not, of itself, establish that the 

23 alien is a nonimmigrant. 

24 ‘‘(C) FEE.—A State that submits a peti25 tion under subparagraph (A) shall pay a fee in 


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1 amount determined by the Secretary to cover 

2 the cost of the adjudication of the application. 

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

4 The Secretary of State shall approve a non5 immigrant visa for an alien and the Secretary of 

6 Homeland Security shall admit the alien to the 

7 United States as a State-sponsored nonimmigrant or 

8 grant State-sponsored nonimmigrant status to the 

9 alien if the alien— 

10 ‘‘(A) is otherwise admissible under this 

11 Act; 

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

13 any crime of violence (as defined in section 16 

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

15 of reckless driving or of driving while intoxi16 cated or under the influence of alcohol or of 

17 prohibited substances; 

18 ‘‘(C) is petitioned for by a State that par19 ticipates in the State-sponsored nonimmigrant 

20 program approved by the Secretary under para21 graph (3); 

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

23 or condition of State-sponsored nonimmigrant 

24 status; and 


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

2 require under paragraph (13). 

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

4 ‘‘(A) IN GENERAL.—The period of author5 ized status for a State-sponsored nonimmigrant 

6 shall be a period determined by the State, but 

7 may not exceed 3 years. 

8 ‘‘(B) RENEWAL.— 

9 ‘‘(i) LOCATION.—Subject to clause 

10 (ii), the period of authorized status under 

11 subparagraph (A) shall be renewable inside 

12 or outside of the United States. 

13 ‘‘(ii) CONDITION.—Renewals under 

14 clause (i) may be granted only if— 

15 ‘‘(I) the sponsoring State re16 quests such renewal; and 

17 ‘‘(II) the State-sponsored non18 immigrant has resided continuously in 

19 such sponsoring State, or States sub20 ject to an interstate compact (not in21 cluding any period of residence after 

22 the approval of a petition for immi23 grant status of which the alien is a 

24 beneficiary). 


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

2 terminate the period of authorized status if— 

3 ‘‘(i) the State-sponsored non4 immigrant resides or works outside of the 

5 State, or States subject to an interstate 

6 compact under paragraph (7), that spon7 sored the alien; 

8 ‘‘(ii) the State-sponsored non9 immigrant fails to follow all rules and reg10 ulations required by the State, as deter11 mined by the State (following any appeals 

12 process the State may create); or 

13 ‘‘(iii) the State that sponsored the 

14 nonimmigrant requests that the status of 

15 the nonimmigrant be terminated (following 

16 any appeals process the State may create) 

17 unless another State sponsors the non18 immigrant. 

19 ‘‘(D) EMPLOYMENT AUTHORIZATION.— 

20 ‘‘(i) IN GENERAL.—All aliens admit21 ted as State-sponsored nonimmigrants 

22 under section 101(a)(15)(W)— 

23 ‘‘(I) shall be authorized for em24 ployment for purposes of section 

25 274A; and 


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1 ‘‘(II) shall be issued appropriate 

2 documentation evidencing such au3 thorization. 

4 ‘‘(ii) STATE REGULATION.—Notwith5 standing clause (i), the employment of 

6 State-sponsored nonimmigrants may be 

7 regulated in a manner determined by each 

8 State that participates in the State-spon9 sored nonimmigrant program. 

10 ‘‘(7) STATE COMPACTS.— 

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

12 interstate compacts for the joint implementa13 tion or administration of the State-sponsored 

14 nonimmigrant program in such States. 

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

16 nonimmigrant shall be considered to be spon17 sored by a State if the State-sponsored non18 immigrant is sponsored by any State subject to 

19 an interstate compact under subparagraph (A) 

20 and resides in any such State. 

21 ‘‘(8) APPEALS.— 

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

23 an application by a State to be a State-spon24 sored nonimmigrant or the request to terminate 

25 the period of authorized status by a State— 


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

2 department, agency, or court; and 

3 ‘‘(ii) may not be grounds for an ap4 peal of a termination of a visa or status 

5 for a State-sponsored nonimmigrant. 

6 ‘‘(B) STATE APPEALS.—At the sole discre7 tion of the State and in a manner determined 

8 by the State, a State that participates in the 

9 State-sponsored nonimmigrant program may 

10 create a process for a State-sponsored non11 immigrant or an alien that has applied for par12 ticipation in the State-sponsored nonimmigrant 

13 program in the State to appeal an adjudication 

14 of an application by the State or determination 

15 by the State that the State-sponsored non16 immigrant violated the terms or conditions that 

17 were created by the State for the participation 

18 of the alien in the State-sponsored non19 immigrant program in the State. 

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

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

22 subparagraph (C), a State-sponsored non23 immigrant may not be required to waive any 

24 substantive rights or protections under this Act. 


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

2 paragraph may be construed to affect the inter3 pretation of any other law. 

4 ‘‘(C) EXCEPTION.—Notwithstanding sub5 paragraph (A) or any other provision of law, an 

6 alien may not be provided State-sponsored non7 immigrant status unless the alien has waived 

8 any right— 

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

10 of an immigration officer’s determination 

11 as to the admissibility of the alien at the 

12 port of entry into the United States; or 

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

14 on the basis of an application for asylum, 

15 any action for removal of the alien. 

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

17 shall comply with all applicable Federal, State, and 

18 local tax laws with respect to each State-sponsored 

19 nonimmigrant employed by the employer. 

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

21 nonimmigrants shall be subject to all Federal, State, 

22 and local laws regarding taxation, employment, or 

23 hiring of persons in the State. 

24 ‘‘(12) FEDERAL PUBLIC BENEFITS.— 


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1 ‘‘(A) IN GENERAL.—State-sponsored non2 immigrants— 

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

4 assistance tax credit authorized under sec5 tion 36B of the Internal Revenue Code of 

6 1986; 

7 ‘‘(ii) shall be subject to the rules ap8 plicable to individuals who are not lawfully 

9 present set forth in subsection (e) of such 

10 section; and 

11 ‘‘(iii)(I) shall not be allowed any cred12 it under section 24 or 32 of the Internal 

13 Revenue Code of 1986; and 

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

15 credit shall be allowed under either such 

16 section if both spouses are State-sponsored 

17 nonimmigrants. 

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

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

20 the Internal Revenue Code of 1986, a State21 sponsored nonimmigrant shall be treated as a 

22 full-time employee certified as having enrolled 

23 in a qualified health plan with respect to which 

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1 ing reduction is allowed or paid with respect to 

2 the employee. 

3 ‘‘(C) OTHER BENEFITS.—Notwithstanding 

4 any other provision of law, a State-sponsored 

5 nonimmigrant shall not be eligible for— 

6 ‘‘(i) any assistance or benefits pro7 vided under a State program funded under 

8 the temporary assistance for needy families 

9 program under part A of title IV of the 

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

11 seq.); 

12 ‘‘(ii) any medical assistance provided 

13 under a State Medicaid plan under title 

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

15 1396 et seq.) or under a waiver of such 

16 plan, other than emergency medical assist17 ance provided under paragraphs (2) and 

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

19 health assistance provided under a State 

20 child health plan under title XXI of the 

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

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

23 ‘‘(iii) any benefits or assistance pro24 vided under the supplemental nutrition as25 sistance program established under the 


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

2 2011 et seq.); 

3 ‘‘(iv) supplemental security income 

4 benefits provided under title XVI of the 

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

6 ‘‘(v) Federal Pell Grants under sec7 tion 401 of the Higher Education Act of 

8 1965 (20 U.S.C. 1070a); 

9 ‘‘(vi) housing vouchers under section 

10 8 of the United States Housing Act of 

11 1937 (42 U.S.C. 1437f); 

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

13 disability insurance benefits under title II 

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

15 et seq.); 

16 ‘‘(viii) health insurance benefits for 

17 the aged and disabled under the Medicare 

18 Program established under title XVIII of 

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

20 seq.); or 

21 ‘‘(ix) assistance or benefits provided 

22 under the program of block grants to 

23 States for social services under subtitle A 

24 of title XX of the Social Security Act (42 

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


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1 ‘‘(D) EMPLOYER PAYMENTS.—An em2 ployer of a State-sponsored nonimmigrant shall 

3 pay into the general fund of the Treasury an 

4 amount equivalent to the Federal tax on the 

5 wages paid to the nonimmigrants that the em6 ployer would be obligated to pay under chapters 

7 21 and 23 of the Internal Revenue Code of 

8 1986 had the nonimmigrants been subject to 

9 such chapters, subject to the same penalties as 

10 provided for failure to pay such tax. 

11 ‘‘(E) INCLUSION OF NONIMMIGRANTS IN

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

13 the enactment of the State Sponsored Visa 

14 Pilot Program Act of 2017, the Secretary shall 

15 modify the Systematic Alien Verification for 

16 Entitlements Program of the United States 

17 Citizenship and Immigration Services to add 

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

19 alien category that is ineligible for any benefit 

20 program listed in subparagraph (C). 

21 ‘‘(13) BONDS.— 

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

23 State-sponsored nonimmigrants to pay a bond 

24 in an amount determined by the State to 

25 incentivize voluntary compliance with the terms 


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1 and conditions of the State-sponsored non2 immigrant program. 

3 ‘‘(B) STUDY.— 

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

5 fiscal year, the Inspector General of the 

6 Department of Homeland Security and the 

7 Comptroller General of the United States 

8 shall each independently submit a report to 

9 the congressional committees specified in 

10 clause (iii) that identifies, for each State 

11 that participates in the State-sponsored 

12 nonimmigrant program, the percentage of 

13 State-sponsored nonimmigrants that have 

14 resided or worked illegally in a State other 

15 than the State that sponsored them (not 

16 including any State-sponsored non17 immigrants who are beneficiaries of ap18 proved immigration petitions). 

19 ‘‘(ii) ASSIGNMENT.—A State-spon20 sored nonimmigrant who resides or works 

21 illegally in a State other than the State 

22 that sponsored them shall be assigned to 

23 the percentage of the State that initially 

24 sponsored the alien if the State partici25 pates in an interstate compact. 


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1 ‘‘(iii) CONGRESSIONAL COMMIT2 TEES.—The congressional committees 

3 specified in this clause are— 

4 ‘‘(I) the Committee on Homeland 

5 Security and Governmental Affairs of 

6 the Senate; 

7 ‘‘(II) the Committee on the Judi8 ciary of the Senate; 

9 ‘‘(III) the Committee on Home10 land Security of the House of Rep11 resentatives; and 

12 ‘‘(IV) the Committee on the Ju13 diciary of the House of Representa14 tives. 

15 ‘‘(C) MANDATORY BONDS.— 

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

17 fiscal year following a determination under 

18 subparagraph (B) by the Comptroller Gen19 eral or the Inspector General of the De20 partment of Homeland Security that more 

21 than 3 percent of the State-sponsored non22 immigrants sponsored by a State violated 

23 the terms and conditions of State-spon24 sored nonimmigrant status in the most re25 cently completed fiscal year, the State shall 


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1 require each State-sponsored non2 immigrant in the State, as a condition of 

3 participation in the State-sponsored non4 immigrant program, to post a bond equal 

5 to not less than $4,000. 

6 ‘‘(ii) SUBSEQUENT BONDS.—The bond 

7 amount under clause (i) shall be raised by 

8 $1,000 during each fiscal year following a 

9 subsequent determination under subpara10 graph (B) by the Comptroller General or 

11 the Inspector General of the Department 

12 of Homeland Security that more than 3 

13 percent of the State-sponsored non14 immigrants sponsored by the State violated 

15 the terms and conditions of State-spon16 sored nonimmigrant status in the most re17 cently completed fiscal year. 

18 ‘‘(iii) INFLATION ADJUSTMENT.—Ef19 fective for the first fiscal year that begins 

20 more than 6 months after the date of the 

21 enactment of the State Sponsored Visa 

22 Pilot Program Act of 2017, and for each 

23 fiscal year thereafter, the amounts de24 scribed in this subparagraph shall be in25 creased by the percentage (if any) by 


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1 which the Consumer Price Index for the 

2 month of June preceding the date on 

3 which such increase takes effect exceeds 

4 the Consumer Price Index for all urban 

5 consumers published by the Department of 

6 Labor for the same month of the preceding 

7 calendar year. 

8 ‘‘(D) REIMBURSEMENT OF BONDS.— 

9 ‘‘(i) IN GENERAL.—Bonds paid to a 

10 State under this paragraph shall be reim11 bursed to any State-sponsored non12 immigrant that has not worked or resided 

13 in a State other than the State that spon14 sored the nonimmigrant or otherwise re15 sided in the United States without status 

16 under the immigration laws in accordance 

17 with this subparagraph. 

18 ‘‘(ii) FULL REIMBURSEMENT.—The 

19 full amount of the bond shall be reim20 bursed in full immediately after— 

21 ‘‘(I)(aa) the alien applies to the 

22 Secretary of State (or the designee of 

23 such Secretary) at a United States 

24 embassy, consulate, or, if specified by 


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1 the Secretary, other locations outside 

2 the United States; and 

3 ‘‘(bb) in connection with the ap4 plication, the State-sponsored non5 immigrant confirms his or her iden6 tity, or verifies his or her departure at 

7 such time from the United States pur8 suant to a biometric entry and exit 

9 data system; 

10 ‘‘(II) an approved petition for 

11 lawful permanent residency is ap12 proved on behalf of the State-spon13 sored nonimmigrant; or 

14 ‘‘(III) the State-sponsored non15 immigrant dies. 

16 ‘‘(iii) PAYEE.— 

17 ‘‘(I) DEATH OF NON18 IMMIGRANT.—Upon the death of a 

19 State-sponsored nonimmigrant, pay20 ment shall be immediately paid to 

21 such State-sponsored nonimmigrant’s 

22 next of kin, as designated by such 

23 State-sponsored nonimmigrant on the 

24 application to be a State-sponsored 

25 nonimmigrant. 


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1 ‘‘(II) BANK ACCOUNT.—A State2 sponsored nonimmigrant may specify 

3 on the application to be a State-spon4 sored nonimmigrant a bank account 

5 to which such amount be sent after 

6 the satisfaction of a condition speci7 fied in clause (ii). 

8 ‘‘(iv) DENIAL OF REIMBURSEMENT.— 

9 Funds of a State-sponsored nonimmigrant 

10 held under this paragraph may not be de11 nied by a State to the nonimmigrant un12 less the State demonstrates, by clear and 

13 convincing evidence, that the non14 immigrant knowingly violated a term or 

15 condition of State-sponsored nonimmigrant 

16 status— 

17 ‘‘(I) by failing to depart the 

18 United States at the end of the period 

19 of authorized status; or 

20 ‘‘(II) working or residing in a 

21 State that did not sponsor the non22 immigrant. 

23 ‘‘(v) NOTICE.—The Secretary of 

24 State, in conjunction with the Secretary of 

25 Homeland Security, shall inform the State 


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1 that the State-sponsored nonimmigrant 

2 has complied with clause (i). 

3 ‘‘(14) PENALTIES.—If a State-sponsored non4 immigrant works or resides outside of the State, or 

5 any of the States under an interstate compact that 

6 sponsored the nonimmigrant or fails to comply with 

7 any term or condition of State-sponsored non8 immigrant status, the Secretary shall— 

9 ‘‘(A) revoke the employment authorization 

10 of such nonimmigrant; and 

11 ‘‘(B) initiate and expedited removal in ac12 cordance with section 235. 

13 ‘‘(15) STATE ENFORCEMENT.— 

14 ‘‘(A) IN GENERAL.—A State that partici15 pates in the State-sponsored nonimmigrant pro16 gram may enforce all rules and regulations of 

17 the State-sponsored nonimmigrant program in 

18 the State against employers to the same extent 

19 as any other labor laws under State law. 

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

21 participation in the State-sponsored non22 immigrant program, a State shall reimburse 

23 any other State and any Federal agency that 

24 has apprehended and detained a State-spon25 sored nonimmigrant sponsored by the State for 


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1 the full costs of apprehension, detention, or re2 moval of the nonimmigrant upon request of the 

3 apprehending State or Federal agency. 

4 ‘‘(C) PROCESS.—The Secretary shall es5 tablish a process through which a State may 

6 seek reimbursement under subparagraph (B). 

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

8 The Secretary shall suspend admissions under the 

9 State-sponsored nonimmigrant program for any 

10 State that fails— 

11 ‘‘(A) to reimburse another State or a Fed12 eral agency under paragraph (15)(B) not later 

13 than 1 year after a final judgment against the 

14 State; or 

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

16 paragraph (13)(D), a State-sponsored non17 immigrant who— 

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

19 ‘‘(ii) did not seek employment without 

20 authorization in a State that did not spon21 sor the nonimmigrant; and 

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

23 United States without status under the im24 migration laws. 

25 ‘‘(17) FEES.— 


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

2 fee to the Secretary for each year in which the 

3 State participates in the State-sponsored non4 immigrant program in an amount determined 

5 by the Secretary to be necessary to cover the 

6 Federal costs of overseeing the State-sponsored 

7 nonimmigrant program in the State. 

8 ‘‘(B) STATE FEES.—Nothing in this sub9 section may be construed to limit or regulate 

10 fees required by the State for State-sponsored 

11 nonimmigrants or employers of State-sponsored 

12 nonimmigrants. 

13 ‘‘(18) NUMERICAL LIMITATIONS.— 

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

15 aliens who may be issued visas or otherwise 

16 provided State-sponsored nonimmigrant status 

17 under this subsection during any fiscal year 

18 may not exceed the total number of visas com19 puted under subparagraph (B). 

20 ‘‘(B) DISTRIBUTION.—Subject to subpara21 graphs (C), (D), and (E), the number of State22 sponsored nonimmigrant visas made available in 

23 a fiscal year to a State that participates in the 

24 State-sponsored nonimmigrant program shall be 

25 the sum of— 


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1 ‘‘(i) 5,000; 

2 ‘‘(ii) the sum of the amounts com3 puted under subparagraphs (C) and (D) in 

4 the prior year; and 

5 ‘‘(iii) the percentage of the total popu6 lation in all States participating in the 

7 State-sponsored nonimmigrant program 

8 represented by the population of that State 

9 multiplied by the sum of— 

10 ‘‘(I) 245,000; 

11 ‘‘(II) the number of nonpartici12 pating States multiplied by 5,000; and 

13 ‘‘(III) the total number of visas 

14 available in the previous fiscal year 

15 that were revoked or not used. 

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

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

18 the prior fiscal year shall be adjusted annually 

19 in proportion to the percentage increase or de20 crease in the Gross Domestic Product of the 

21 United States in the prior year, as determined 

22 by the Bureau of Economic Analysis of the De23 partment of Commerce. 

24 ‘‘(D) COMPLIANCE.— 


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1 ‘‘(i) INCREASES.—The number of 

2 State-sponsored nonimmigrant visas made 

3 available to a State under subparagraph 

4 (C) shall be increased by 10 percent over 

5 the prior fiscal year in each fiscal year im6 mediately following a fiscal year in which 

7 less than 3 percent of the State-sponsored 

8 nonimmigrants sponsored by the State vio9 lated the terms and conditions of State10 sponsored nonimmigrant status, as deter11 mined by the Inspector General of the De12 partment of Homeland Security or the 

13 Comptroller General of the United States 

14 in the reports required under paragraph 

15 (13)(B). 

16 ‘‘(ii) DECREASES.—The number of 

17 State-sponsored nonimmigrant visas made 

18 available to a State under subparagraph 

19 (C) shall be decreased by 50 percent in 

20 each fiscal year immediately following a 

21 fiscal year in which more than 3 percent of 

22 the State-sponsored nonimmigrants spon23 sored by the State complied with the terms 

24 and conditions of State-sponsored non25 immigrant status, as determined by the InVerDate Sep 11 2014 18:31 May 10, 2017 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1040.IS S1040

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1 spector General of the Department of 

2 Homeland Security or the Comptroller 

3 General of the United States in the reports 

4 required under paragraph (13)(B). 

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

6 nonimmigrant visas shall not be made 

7 available for a State during the 5-year pe8 riod following four consecutive fiscal years 

9 in which more than 3 percent of the State10 sponsored nonimmigrants sponsored by the 

11 State violated the terms and conditions of 

12 State-sponsored nonimmigrant status, as 

13 determined by the Inspector General of the 

14 Department of Homeland Security or the 

15 Comptroller General of the United States 

16 in the reports required under paragraph 

17 (13)(B). 

18 ‘‘(E) PRINCIPAL ALIENS.— 

19 ‘‘(i) IN GENERAL.—The numerical 

20 limitations under this paragraph shall 

21 apply only to principal aliens being admit22 ted to the United States from abroad and 

23 not to aliens accompanying or following to 

24 join the principal alien under section 


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1 101(a)(15)(W)(ii) or aliens previously ad2 mitted. 

3 ‘‘(ii) STATE EXCLUSION.—The Sec4 retary may not grant a visa or status to an 

5 alien who is not the principal alien spon6 sored by a State if the State request that 

7 no such aliens be admitted. 

8 ‘‘(19) ADMISSIBILITY DETERMINATION.— 

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

10 State that participates in the State-based non11 immigrant program, the Secretary shall waive 

12 the grounds of inadmissibility under subpara13 graphs (A), (B), (C), and (G) of section 

14 212(a)(6), paragraphs (7) and (9) of section 

15 212(a), and sections 240B(d)(1)(B) and 

16 241(a)(5) and the grounds of deportability 

17 under subparagraphs (A) through (D) of sec18 tion 237(a)(1) and section 237(a)(3) on behalf 

19 of an alien described in subparagraph (B). 

20 ‘‘(B) ALIENS DESCRIBED.—An alien de21 scribed in this subsection is an alien who— 

22 ‘‘(i) was physically present in the 

23 United States on December 31, 2016; 

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

25 the State-based nonimmigrant program; 


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1 ‘‘(iii) otherwise meets the require2 ments of State-based nonimmigrant status 

3 under paragraph (4); and 

4 ‘‘(iv) fulfills the requirements under 

5 paragraph (20). 

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

7 this paragraph may be construed to exempt an 

8 alien described in subparagraph (B) or the 

9 State from the numerical limitation under para10 graph (18). 

11 ‘‘(20) REQUIREMENTS.— 

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

13 to the Secretary for a waiver of inadmissibility 

14 or deportability under paragraph (19) concur15 rently with an application for a visa or status 

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

17 ‘‘(B) EVIDENCE OF PRESENCE OR EM18 PLOYMENT.— 

19 ‘‘(i) CONCLUSIVE DOCUMENTS.—An 

20 alien may conclusively demonstrate pres21 ence in the United States in compliance 

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

23 records demonstrating such presence that 

24 have been maintained by the Social Secu25 rity Administration, the Internal Revenue 


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1 Service, or any other Federal, State, or 

2 local government agency or educational in3 stitution. 

4 ‘‘(ii) OTHER DOCUMENTS.—An alien 

5 who is unable to submit a document de6 scribed in subparagraph (A) may satisfy 

7 the requirements under this section by sub8 mitting at least three other types of reli9 able documents that provide evidence of 

10 presence, employment or study in the 

11 United States, including— 

12 ‘‘(I) bank or remittance records; 

13 ‘‘(II) business or employer 

14 records; 

15 ‘‘(III) records of any organiza16 tion that assists workers in employ17 ment; 

18 ‘‘(IV) education records; and 

19 ‘‘(V) deeds, mortgages, or con20 tracts to which the alien has been a 

21 party. 

22 ‘‘(C) FEES.— 

23 ‘‘(i) IN GENERAL.—An alien submit24 ting an application under subparagraph 

25 (A) shall pay a fee in an amount deterVerDate Sep 11 2014 18:31 May 10, 2017 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1040.IS S1040

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1 mined by the Secretary to be necessary to 

2 cover the cost of adjudicating the applica3 tion and reviewing the application for 

4 fraud. 

5 ‘‘(ii) PENALTY.—In addition to the 

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

7 waiver under paragraph (19) shall pay a 

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

9 shall be deposited into the Treasury of the 

10 United States after the approval of the ap11 plication under subparagraph (A). 

12 ‘‘(D) CRIMINAL PENALTY.— 

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

14 for any person to knowingly— 

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

16 application under this paragraph if 

17 such application— 

18 ‘‘(aa) falsifies, misrepre19 sents, conceals, or covers up a 

20 material fact; 

21 ‘‘(bb) makes any false, ficti22 tious, or fraudulent statements or 

23 representations; or 

24 ‘‘(cc) makes or uses any 

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1 ing the same to contain any false, 

2 fictitious, or fraudulent state3 ment or entry; or 

4 ‘‘(II) create or supply a false 

5 writing or document for use in mak6 ing such an application. 

7 ‘‘(ii) PENALTY.—Any person who vio8 lates clause (i) shall be fined in accordance 

9 with title 18, United States Code, impris10 oned not more than 5 years, or both. 

11 ‘‘(iii) INADMISSIBILITY.—An alien 

12 who is convicted of violating clause (i) shall 

13 be considered to be inadmissible to the 

14 United States on the grounds described in 

15 section 212(a)(6)(C)(i) and subject to im16 mediate removal from the United States. 

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

18 Secretary and the Attorney General shall jointly 

19 develop an administrative program to prevent 

20 fraud with respect to applications submitted 

21 under this paragraph that provides for— 

22 ‘‘(i) fraud prevention training for ad23 ministrative adjudicators; 


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

2 approved applications for examples and 

3 patterns of fraud or abuse; 

4 ‘‘(iii) the receipt and evaluation of re5 ports of fraud or abuse; 

6 ‘‘(iv) the identification of deficiencies 

7 in administrative practice or procedure 

8 that encourage fraud or abuse; 

9 ‘‘(v) the remedy of any identified defi10 ciencies; and 

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

12 or suspected fraud or other misconduct for 

13 investigation. 

14 ‘‘(F) INELIGIBLE ALIENS.— 

15 ‘‘(i) REMOVAL AUTHORIZED.—Except 

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

17 makes a final determination to deny an ap18 plication under this section, the Secretary 

19 shall place the applicant in removal pro20 ceedings to which the alien would otherwise 

21 be subject. 

22 ‘‘(ii) ALIENS WITH PRIOR ORDERS.— 

23 If the final determination to deny an appli24 cation concerns an alien with an existing 

25 order of exclusion, deportation, removal, or 


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1 voluntary departure from the United 

2 States, such order shall be enforced to the 

3 same extent as if the application had not 

4 been made. 

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

6 employment records or other evidence of em7 ployment provided by an alien or by an alien’s 

8 employer in support of an alien’s application 

9 under this subsection may not be used in a civil 

10 or criminal prosecution or investigation of that 

11 employer under section 247A or the tax laws of 

12 the United States for the prior unlawful em13 ployment of that alien, regardless of the adju14 dication of such application or reconsideration 

15 by the Secretary of such alien’s prima facie eli16 gibility determination. Employers that provide 

17 unauthorized aliens with copies of employment 

18 records or other evidence of employment pursu19 ant to an application under this title shall not 

20 be subject to civil and criminal liability pursu21 ant to such section 274A for employing such 

22 unauthorized aliens. The protections for em23 ployers and aliens shall not apply if the aliens 

24 or employers submit employment records that 

25 are deemed to be fraudulent. 


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

2 subsection may be construed to limit the au3 thority of the State to require additional mone4 tary penalties, other evidence of physical pres5 ence, or any other requirement for aliens de6 scribed in paragraph (19)(B) to participate in 

7 the State-based nonimmigrant program in such 

8 State.’’. 

9 (b) JUDICIAL REVIEW.—Section 242(a)(2) of the Im10 migration and Nationality Act (8 U.S.C. 1252(a)(2)) is 

11 amended by adding at the end the following: 

12 ‘‘(E) JUDICIAL REVIEW OF CERTAIN ELIGI13 BILITY DETERMINATIONS.—If an alien’s appli14 cation under section 214(s)(20) is denied or re15 voked, judicial review shall be instituted in the 

16 United States District Court for the District of 

17 Columbia and shall be limited to determinations 

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

19 regulations implemented pursuant to such sec20 tion.’’. 

21 (c) NONIMMIGRANTS WITH APPROVED IMMIGRANT

22 PETITIONS.—Section 245 of the Immigration and Nation23 ality Act (8 U.S.C. 1255) is amended— 

24 (1) in subsection (a)— 


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1 (A) by striking ‘‘if (1) the alien’’ and in2 serting the following: ‘‘if— 

3 ‘‘(1) the alien’’; 

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

5 and inserting the following: ‘‘adjustment; 

6 ‘‘(2) the alien’’; 

7 (C) by striking ‘‘residence, and (3) an im8 migrant visa’’ and inserting the following: ‘‘resi9 dence; and 

10 ‘‘(3) an immigrant visa’’; and 

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

12 the time his application is filed’’ and inserting 

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

14 adjudicated’’; and 

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

16 ‘‘(n) ADJUSTMENT OF STATUS APPLICATION AFTER

17 AN APPROVED IMMIGRANT PETITION.— 

18 ‘‘(1) APPLICATION.—An alien who has an ap19 proved immigrant petition may file an adjustment of 

20 status application under subsection (a), which shall 

21 remain pending until a visa number becomes avail22 able. 

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

24 an adjustment of status application under subsection 


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1 (a) shall, throughout the pendency of such applica2 tion— 

3 ‘‘(A) have a lawful status and be consid4 ered lawfully present for purposes of section 

5 212; and 

6 ‘‘(B) following a biometric background 

7 check, be eligible for employment and travel au8 thorization incident to such status.’’. 

9 SEC. 4. EFFECTIVE DATE. 

10 The amendments made by this Act shall take effect 

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

12 the date of the enactment of this Act. 

Æ 


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