II 

113TH CONGRESS 

1ST SESSION S. 744 

To provide for comprehensive immigration reform and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 17 (legislative day, APRIL 16), 2013 

Mr. SCHUMER (for himself, Mr. MCCAIN, Mr. DURBIN, Mr. GRAHAM, Mr. 

MENENDEZ, Mr. RUBIO, Mr. BENNET, and Mr. FLAKE) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide for comprehensive 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 ‘‘Border Security, Economic Opportunity, and Immigra6 tion Modernization Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Statement of congressional findings. 

Sec. 3. Effective date triggers. 

Sec. 4. Southern Border Security Commission. 


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Sec. 5. Comprehensive Southern Border Security Strategy and Southern Border Fencing Strategy. 

Sec. 6. Comprehensive Immigration Reform Trust Fund. 

Sec. 7. Reference to the Immigration and Nationality Act. 

Sec. 8. Definitions. 

TITLE I—BORDER SECURITY 

Sec. 1101. Definitions. 

Sec. 1102. Additional U.S. Customs and Border Protection officers. 

Sec. 1103. National Guard support to secure the Southern border. 

Sec. 1104. Enhancement of existing border security operations. 

Sec. 1105. Border security on certain Federal land. 

Sec. 1106. Equipment and technology. 

Sec. 1107. Access to emergency personnel. 

Sec. 1108. Southwest Border region prosecution initiative. 

Sec. 1109. Interagency collaboration. 

Sec. 1110. SCAAP reauthorization. 

Sec. 1111. Use of force. 

Sec. 1112. Training for border security and immigration enforcement officers. 

Sec. 1113. Department of Homeland Security Border Oversight Task Force. 

Sec. 1114. Immigration ombudsman. 

Sec. 1115. Reports. 

Sec. 1116. Severability. 

TITLE II—IMMIGRANT VISAS 

Subtitle A—Registration and Adjustment of Registered Provisional 

Immigrants 

Sec. 2101. Registered provisional immigrant status. 

Sec. 2102. Adjustment of status of registered provisional immigrants. 

Sec. 2103. The DREAM Act. 

Sec. 2104. Additional requirements. 

Sec. 2105. Criminal penalty. 

Sec. 2106. Grant program to assist eligible applicants. 

Sec. 2107. Conforming amendments to the Social Security Act. 

Sec. 2108. Government contracting and acquisition of real property interest. 

Sec. 2109. Long-term legal residents of the Commonwealth of the Northern 

Mariana Islands. 

Sec. 2110. Rulemaking. 

Sec. 2111. Statutory construction. 

Subtitle B—Agricultural Worker Program 

Sec. 2201. Short title. 

Sec. 2202. Definitions. 

CHAPTER 1—PROGRAM FOR EARNED STATUS ADJUSTMENT OF

AGRICULTURAL WORKERS

SUBCHAPTER A—BLUE CARD STATUS

Sec. 2211. Requirements for blue card status. 

Sec. 2212. Adjustment to permanent resident status. 

Sec. 2213. Use of information. 

Sec. 2214. Reports on blue cards. 


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Sec. 2215. Authorization of appropriations. 

SUBCHAPTER B—CORRECTION OF SOCIAL SECURITY RECORDS

Sec. 2221. Correction of social security records. 

CHAPTER 2—NONIMMIGRANT AGRICULTURAL VISA PROGRAM

Sec. 2231. Nonimmigrant classification for nonimmigrant agricultural workers. 

Sec. 2232. Establishment of nonimmigrant agricultural worker program. 

Sec. 2233. Transition of H-2A worker program. 

Sec. 2234. Reports to Congress on nonimmigrant agricultural workers. 

CHAPTER 3—OTHER PROVISIONS

Sec. 2241. Rulemaking. 

Sec. 2242. Reports to Congress. 

Sec. 2243. Effective date. 

Subtitle C—Future Immigration 

Sec. 2301. Merit-based points track one. 

Sec. 2302. Merit-based track two. 

Sec. 2303. Repeal of the diversity visa program. 

Sec. 2304. World-wide levels and recapture of unused immigrant visas. 

Sec. 2305. Reclassification of spouses and minor children of lawful permanent 

residents as immediate relatives. 

Sec. 2306. Numerical limitations on individual foreign states. 

Sec. 2307. Allocation of immigrant visas. 

Sec. 2308. V nonimmigrant visas. 

Sec. 2309. Fiance ́e and fiance ́ child status protection. 

Sec. 2310. Equal treatment for all stepchildren. 

Sec. 2311. International adoption harmonization. 

Sec. 2312. Relief for orphans, widows, and widowers. 

Sec. 2313. Discretionary authority with respect to removal, deportation or inadmissibility of citizen and resident immediate family members. 

Sec. 2314. Waivers of inadmissibility. 

Sec. 2315. Continuous presence. 

Sec. 2316. Global health care cooperation. 

Sec. 2317. Extension and improvement of the Iraqi special immigrant visa program. 

Sec. 2318. Extension and improvement of the Afghan special immigrant visa 

program. 

Sec. 2319. Elimination of sunsets for certain visa programs. 

Subtitle D—Conrad State 30 and Physician Access 

Sec. 2401. Conrad State 30 Program. 

Sec. 2402. Retaining physicians who have practiced in medically underserved 

communities. 

Sec. 2403. Employment protections for physicians. 

Sec. 2404. Allotment of Conrad 30 waivers. 

Sec. 2405. Amendments to the procedures, definitions, and other provisions related to physician immigration. 

Subtitle E—Integration 

Sec. 2501. Definitions. 


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CHAPTER 1—CITIZENSHIP AND NEW AMERICANS

SUBCHAPTER A—OFFICE OF CITIZENSHIP AND NEW AMERICANS

Sec. 2511. Office of Citizenship and New Americans. 

SUBCHAPTER B—TASK FORCE ON NEW AMERICANS

Sec. 2521. Establishment. 

Sec. 2522. Purpose. 

Sec. 2523. Membership. 

Sec. 2524. Functions. 

CHAPTER 2—PUBLIC-PRIVATE PARTNERSHIP

Sec. 2531. Establishment of United States Citizenship Foundation. 

Sec. 2532. Funding. 

Sec. 2533. Purposes. 

Sec. 2534. Authorized activities. 

Sec. 2535. Council of directors. 

Sec. 2536. Powers. 

Sec. 2537. Initial Entry, Adjustment, and Citizenship Assistance Grant Program. 

Sec. 2538. Pilot program to promote immigrant integration at State and local 

levels. 

Sec. 2539. Naturalization ceremonies. 

CHAPTER 3—FUNDING

Sec. 2541. Authorization of appropriations. 

CHAPTER 4—REDUCE BARRIERS TO NATURALIZATION

Sec. 2551. Waiver of English requirement for senior new Americans. 

Sec. 2552. Filing of applications not requiring regular internet access. 

TITLE III—INTERIOR ENFORCEMENT 

Subtitle A—Employment Verification System 

Sec. 3101. Unlawful employment of unauthorized aliens. 

Sec. 3102. Increasing security and integrity of social security cards. 

Sec. 3103. Increasing security and integrity of immigration documents. 

Sec. 3104. Responsibilities of the Social Security Administration. 

Sec. 3105. Improved prohibition on discrimination based on national origin or 

citizenship status. 

Sec. 3106. Rulemaking. 

Subtitle B—Protecting United States Workers 

Sec. 3201. Protections for victims of serious violations of labor and employment 

law or crime. 

Sec. 3202. Employment Verification System Education Funding. 

Sec. 3203. Directive to the United States Sentencing Commission. 

Sec. 3204. Confidentiality for victims of crime. 

Subtitle C—Other Provisions 

Sec. 3301. Funding. 


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Sec. 3302. Effective date. 

Sec. 3303. Mandatory exit system. 

Sec. 3304. Identity-theft resistant manifest information for passengers, crew, 

and non-crew onboard departing aircraft and vessels. 

Sec. 3305. Profiling. 

Subtitle D—Asylum and Refugee Provisions 

Sec. 3401. Time limits and efficient adjudication of genuine asylum claims. 

Sec. 3402. Refugee family protections. 

Sec. 3403. Clarification on designation of certain refugees. 

Sec. 3404. Asylum determination efficiency. 

Sec. 3405. Stateless persons in the United States. 

Sec. 3406. U visa accessibility. 

Sec. 3407. Representation at overseas refugee interviews. 

Subtitle E—Shortage of Immigration Court Resources for Removal 

Proceedings 

Sec. 3501. Shortage of immigration court personnel for removal proceedings. 

Sec. 3502. Improving immigration court efficiency and reducing costs by increasing access to legal information. 

Sec. 3503. Office of Legal Access Programs. 

Sec. 3504. Codifying Board of Immigration Appeals. 

Sec. 3505. Improved training for immigration judges and Board Members. 

Sec. 3506. Improved resources and technology for immigration courts and 

Board of Immigration Appeals. 

Subtitle F—Prevention of Trafficking in Persons and Abuses Involving 

Workers Recruited Abroad 

Sec. 3601. Definitions. 

Sec. 3602. Disclosure. 

Sec. 3603. Prohibition on discrimination. 

Sec. 3604. Recruitment fees. 

Sec. 3605. Registration. 

Sec. 3606. Bonding requirement. 

Sec. 3607. Maintenance of lists. 

Sec. 3608. Amendment to the Immigration and Nationality Act. 

Sec. 3609. Responsibilities of Secretary of State. 

Sec. 3610. Enforcement provisions. 

Sec. 3611. Rule of construction. 

Sec. 3612. Regulations. 

Subtitle G—Interior Enforcement 

Sec. 3701. Criminal street gangs. 

Sec. 3702. Banning habitual drunk drivers from the United States. 

Sec. 3703. Sexual abuse of a minor. 

Sec. 3704. Illegal entry. 

Sec. 3705. Reentry of removed alien. 

Sec. 3706. Penalties related to removal. 

Sec. 3707. Reform of passport, visa, and immigration fraud offenses. 

Sec. 3708. Combating schemes to defraud aliens. 

Sec. 3709. Inadmissibility and removal for passport and immigration fraud offenses. 

Sec. 3710. Directives related to passport and document fraud. 


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Sec. 3711. Inadmissible aliens. 

Sec. 3712. Organized and abusive human smuggling activities. 

Sec. 3713. Preventing criminals from renouncing citizenship during wartime. 

Sec. 3714. Diplomatic security service. 

Sec. 3715. Secure alternatives programs. 

Sec. 3716. Oversight of detention facilities. 

Sec. 3717. Procedures for bond hearings and filing of notices to appear. 

Sec. 3718. Sanctions for countries that delay or prevent repatriation of their 

nationals. 

Sec. 3719. Gross violations of human rights. 

TITLE IV—REFORMS TO NONIMMIGRANT VISA PROGRAMS 

Subtitle A—Employment-based Nonimmigrant Visas 

Sec. 4101. Market-based H–1B visa limits. 

Sec. 4102. Employment authorization for dependents of employment-based nonimmigrants. 

Sec. 4103. Eliminating impediments to worker mobility. 

Sec. 4104. STEM Education and Training. 

Subtitle B—H–1B Visa Fraud and Abuse Protections 

CHAPTER 1—H–1B EMPLOYER APPLICATION REQUIREMENTS

Sec. 4211. Modification of application requirements. 

Sec. 4212. Requirements for admission of nonimmigrant nurses in health professional shortage areas. 

Sec. 4213. New application requirements. 

Sec. 4214. Application review requirements. 

CHAPTER 2— INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST

H–1B EMPLOYERS

Sec. 4221. General modification of procedures for investigation and disposition. 

Sec. 4222. Investigation, working conditions, and penalties. 

Sec. 4223. Initiation of investigations. 

Sec. 4224. Information sharing. 

CHAPTER 3—OTHER PROTECTIONS

Sec. 4231. Posting available positions through the Department of Labor. 

Sec. 4232. H–1B government authority and requirements. 

Sec. 4233. Requirements for information for H–1B and L nonimmigrants. 

Sec. 4234. Filing fee for H–1B-dependent employers. 

Sec. 4235. Providing premium processing of employment-based visa petitions. 

Sec. 4236. Technical correction. 

Sec. 4237. Application. 

Subtitle C—L Visa Fraud and Abuse Protections 

Sec. 4301. Prohibition on outplacement of L nonimmigrants. 

Sec. 4302. L employer petition requirements for employment at new offices. 

Sec. 4303. Cooperation with Secretary of State. 

Sec. 4304. Limitation on employment of L nonimmigrants. 

Sec. 4305. Filing fee for L nonimmigrants. 

Sec. 4306. Investigation and disposition of complaints against L nonimmigrant 

employers. 


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Sec. 4307. Penalties. 

Sec. 4308. Prohibition on retaliation against L nonimmigrants. 

Sec. 4309. Reports on L nonimmigrants. 

Sec. 4310. Application. 

Sec. 4311. Report on L blanket petition process. 

Subtitle D—Other Nonimmigrant Visas 

Sec. 4401. Nonimmigrant visas for students. 

Sec. 4402. Classification for specialty occupation workers from free trade countries. 

Sec. 4403. E–visa reform. 

Sec. 4404. Other changes to nonimmigrant visas. 

Sec. 4405. Treatment of nonimmigrants during adjudication of application. 

Sec. 4406. Nonimmigrant elementary and secondary school students. 

Subtitle E—JOLT Act 

Sec. 4501. Short titles. 

Sec. 4502. Premium processing. 

Sec. 4503. Encouraging Canadian tourism to the United States. 

Sec. 4504. Retiree visa. 

Sec. 4505. Incentives for foreign visitors visiting the United States during low 

peak seasons. 

Sec. 4506. Visa waiver program enhanced security and reform. 

Sec. 4507. Expediting entry for priority visitors. 

Sec. 4508. Visa processing. 

Subtitle F—Reforms to the H–2B Visa Program 

Sec. 4601. Extension of returning worker exemption to H–2B numerical limitation. 

Sec. 4602. Other requirements for H–2B employers. 

Sec. 4603. Nonimmigrants participating in relief operations. 

Sec. 4604. Nonimmigrants performing maintenance on common carriers. 

Subtitle G—W Nonimmigrant Visas 

Sec. 4701. Bureau of Immigration and Labor Market Research. 

Sec. 4702. Nonimmigrant classification for W nonimmigrants. 

Sec. 4703. Admission of W nonimmigrant workers. 

Subtitle H—Investing in New Venture, Entrepreneurial Startups, and 

Technologies 

Sec. 4801. Nonimmigrant INVEST visas. 

Sec. 4802. INVEST immigrant visa. 

Sec. 4803. Administration and oversight. 

1 SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS. 

2 Congress makes the following findings: 

3 (1) The passage of this Act recognizes that the 

4 primary tenets of its success depend on securing the 


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1 sovereignty of the United States of America and es2 tablishing a coherent and just system for integrating 

3 those who seek to join American society. 

4 (2) We have a right, and duty, to maintain and 

5 secure our borders, and to keep our country safe and 

6 prosperous. As a nation founded, built and sustained 

7 by immigrants we also have a responsibility to har8 ness the power of that tradition in a balanced way 

9 that secures a more prosperous future for America. 

10 (3) We have always welcomed newcomers to the 

11 United States and will continue to do so. But in 

12 order to qualify for the honor and privilege of even13 tual citizenship, our laws must be followed. The 

14 world depends on America to be strong — economi15 cally, militarily and ethically. The establishment of a 

16 stable, just and efficient immigration system only 

17 supports those goals. As a nation, we have the right 

18 and responsibility to make our borders safe, to es19 tablish clear and just rules for seeking citizenship, to 

20 control the flow of legal immigration, and to elimi21 nate illegal immigration, which in some cases has be22 come a threat to our national security. 

23 (4) All parts of this Act are premised on the 

24 right and need of the United States to achieve these 


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1 goals, and to protect its borders and maintain its 

2 sovereignty. 

3 SEC. 3. EFFECTIVE DATE TRIGGERS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) COMMISSION.—The term ‘‘Commission’’ 

6 means the Southern Border Security Commission es7 tablished pursuant to section 4. 

8 (2) COMPREHENSIVE SOUTHERN BORDER SECU9 RITY STRATEGY.—The term ‘‘Comprehensive South10 ern Border Security Strategy’’ means the strategy 

11 established by the Secretary pursuant to section 5(a) 

12 to achieve and maintain an effectiveness rate of 90 

13 percent or higher in all high risk border sectors. 

14 (3) EFFECTIVE CONTROL.—The term ‘‘effective 

15 control’’ means the ability to achieve and maintain, 

16 in a Border Patrol sector— 

17 (A) persistent surveillance; and 

18 (B) an effectiveness rate of 90 percent or 

19 higher. 

20 (4) EFFECTIVENESS RATE.—The ‘‘effectiveness 

21 rate’’, in the case of a border sector, is the percent22 age calculated by dividing the number of apprehen23 sions and turn backs in the sector during a fiscal 

24 year by the total number of illegal entries in the sec25 tor during such fiscal year. 


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1 (5) HIGH RISK BORDER SECTOR.—The term 

2 ‘‘high risk border sector’’ means a border sector in 

3 which more than 30,000 individuals were appre4 hended during the most recent fiscal year. 

5 (6) SOUTHERN BORDER.—The term ‘‘Southern 

6 border’’ means the international border between the 

7 United States and Mexico. 

8 (7) SOUTHERN BORDER FENCING STRATEGY.— 

9 The term ‘‘Southern Border Fencing Strategy’’ 

10 means the strategy established by the Secretary pur11 suant to section 5(b) that identifies where fencing, 

12 including double-layer fencing, should be deployed 

13 along the Southern border. 

14 (b) BORDER SECURITY GOAL.—The Department’s 

15 border security goal is to achieve and maintain effective 

16 control in high risk border sectors along the Southern bor17 der. 

18 (c) TRIGGERS.— 

19 (1) PROCESSING OF APPLICATIONS FOR REG20 ISTERED PROVISIONAL IMMIGRANT STATUS.—Not 

21 earlier than the date upon which the Secretary has 

22 submitted to Congress the Notice of Commencement 

23 of implementation of the Comprehensive Southern 

24 Border Security Strategy and the Southern Border 

25 Fencing Strategy under section 5 of this Act, the 


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1 Secretary may commence processing applications for 

2 registered provisional immigrant status pursuant to 

3 section 245B of the Immigration and Nationality 

4 Act, as added by section 2101 of this Act. 

5 (2) ADJUSTMENT OF STATUS OF REGISTERED

6 PROVISIONAL IMMIGRANTS.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraph (B), the Secretary may not ad9 just the status of aliens who have been granted 

10 registered provisional immigrant status, except 

11 for aliens granted agriculture card status under 

12 section 2201 of this Act or described in section 

13 245D(b) of the Immigration and Nationality 

14 Act, until the Secretary, after consultation with 

15 the Comptroller General of the United States, 

16 submits to the President and Congress a writ17 ten certification that— 

18 (i) the Comprehensive Southern Bor19 der Security Strategy has been submitted 

20 to Congress and is substantially deployed 

21 and substantially operational; 

22 (ii) the Southern Border Fencing 

23 Strategy has been submitted to Congress, 

24 implemented, and is substantially com25 pleted; 


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1 (iii) the Secretary has implemented a 

2 mandatory employment verification system 

3 to be used by all employers to prevent un4 authorized workers from obtaining employ5 ment in the United States; and 

6 (iv) the Secretary is using an elec7 tronic exit system at air and sea ports of 

8 entry that operates by collecting machine9 readable visa or passport information from 

10 air and vessel carriers. 

11 (B) EXCEPTION.—The Secretary shall per12 mit registered provisional immigrants to apply 

13 for an adjustment to lawful permanent resident 

14 status if— 

15 (i)(I) litigation or a force majeure has 

16 prevented one or more of the conditions 

17 described in clauses (i) through (iv) of sub18 paragraph (A) from being implemented; or 

19 (II) the implementation of subpara20 graph (A) has been held unconstitutional 

21 by the Supreme Court of the United States 

22 or the Supreme Court has granted certio23 rari to the litigation on the constitu24 tionality of implementation of subpara25 graph (A); and 


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1 (ii) 10 years have elapsed since the 

2 date of the enactment of this Act. 

3 (d) WAIVER OF LEGAL REQUIREMENTS NECESSARY

4 FOR IMPROVEMENT AT BORDERS.—Notwithstanding any 

5 other provision of law, the Secretary is authorized to waive 

6 all legal requirements that the Secretary determines to be 

7 necessary to ensure expeditious construction of the bar8 riers, roads, or other physical tactical infrastructure need9 ed to fulfill the requirements under this section. Any de10 termination by the Secretary under this section shall be 

11 effective upon publication in the Federal Register. 

12 (e) FEDERAL COURT REVIEW.— 

13 (1) IN GENERAL.—The district courts of the 

14 United States shall have exclusive jurisdiction to 

15 hear all causes or claims arising from any action un16 dertaken, or any decision made, by the Secretary 

17 under subsection (d). A cause of action or claim may 

18 only be brought alleging a violation of the Constitu19 tion of the United States. The court does not have 

20 jurisdiction to hear any claim not specified in this 

21 paragraph. 

22 (2) TIME FOR FILING COMPLAINT.—If a cause 

23 or claim under paragraph (1) is not filed within 60 

24 days after the date of the contested action or deci25 sion by the Secretary, the claim shall be barred. 


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1 (3) APPELLATE REVIEW.—An interlocutory or 

2 final judgment, decree, or order of the district court 

3 may be reviewed only upon petition for a writ of cer4 tiorari to the Supreme Court of the United States. 

5 SEC. 4. SOUTHERN BORDER SECURITY COMMISSION. 

6 (a) ESTABLISHMENT.—If Secretary certifies that the 

7 Department has not achieved effective control in all high 

8 risk border sectors during any fiscal year beginning before 

9 the date that is 5 years after the date of the enactment 

10 of this Act, not later than 60 days after the date of the 

11 certification there shall be established a commission to be 

12 known as the ‘‘Southern Border Security Commission’’ 

13 (referred to in this section as the ‘‘Commission’’). 

14 (b) COMPOSITION.— 

15 (1) IN GENERAL.—The Commission shall be 

16 composed of— 

17 (A) 2 members who shall be appointed by 

18 the President; 

19 (B) 2 members who shall be appointed by 

20 the President pro tempore of the Senate, of 

21 which— 

22 (i) 1 shall be appointed upon the rec23 ommendation of the leader in the Senate of 

24 the political party that is not the political 

25 party of the President; and 


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1 (ii) 1 shall be appointed upon the rec2 ommendation of the leader in the Senate of 

3 the other political party; 

4 (C) 2 members who shall be appointed by 

5 the Speaker of the House of Representatives, of 

6 which— 

7 (i) 1 shall be appointed upon the rec8 ommendation of the leader in the House of 

9 Representatives of the political party that 

10 is not the political party of the President; 

11 and 

12 (ii) 1 shall be appointed upon the rec13 ommendation of the leader in the House of 

14 Representatives of the other political party; 

15 and 

16 (D) 4 members, consisting of 1 member 

17 from each of the States along the Southern bor18 der, who shall be— 

19 (i) the Governor of such State; or 

20 (ii) appointed by the Governor of each 

21 such State. 

22 (2) QUALIFICATION FOR APPOINTMENT.—Ap23 pointed members of the Commission shall be distin24 guished individuals noted for their knowledge and 


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1 experience in the field of border security at the Fed2 eral, State, or local level. 

3 (3) TIME OF APPOINTMENT.—The appoint4 ments required by paragraph (1) shall be made not 

5 later than 60 days after the Secretary makes a cer6 tification described in subsection (a). 

7 (4) CHAIR.—At the first meeting of the Com8 mission, a majority of the members of the Commis9 sion present and voting shall elect the Chair of the 

10 Commission. 

11 (5) VACANCIES.—Any vacancy of the Commis12 sion shall not affect its powers, but shall be filled in 

13 the manner in which the original appointment was 

14 made. 

15 (6) RULES.—The Commission shall establish 

16 the rules and procedures of the Commission which 

17 shall require the approval of at least 6 members of 

18 the Commission. 

19 (c) DUTIES.—The Commission’s primary responsi20 bility shall be making recommendations to the President, 

21 the Secretary, and Congress on policies to achieve and 

22 maintain the border security goal specified in section 3(b) 

23 by achieving and maintaining— 


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1 (1) the capability to engage in, and to engage 

2 in, persistent surveillance in high risk border sectors 

3 along the Southern border; and 

4 (2) an effectiveness rate of 90 percent or higher 

5 in all high risk border sectors along the Southern 

6 border. 

7 (d) REPORT.—Not later than 180 days after the end 

8 of the 5-year period described in subsection (a), the Com9 mission shall submit to the President, the Secretary, and 

10 Congress a report setting forth specific recommendations 

11 for policies for achieving and maintaining the border secu12 rity goals specified in subsection (c). The report shall in13 clude, at a minimum, recommendations for the personnel, 

14 infrastructure, technology, and other resources required to 

15 achieve and maintain an effectiveness rate of 90 percent 

16 or higher in all high risk border sectors. 

17 (e) TRAVEL EXPENSES.—Members of the Commis18 sion shall be allowed travel expenses, including per diem 

19 in lieu of subsistence rates authorized for employees of 

20 agencies under subchapter I of chapter 57 of title 5, 

21 United States Code, while away from their homes or reg22 ular places of business in the performance of services for 

23 the Commission. 

24 (f) ADMINISTRATIVE SUPPORT.—The Secretary shall 

25 provide the Commission such staff and administrative 


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1 services as may be necessary and appropriate for the Com2 mission to perform its functions. Any employee of the ex3 ecutive branch of Government may be detailed to the Com4 mission without reimbursement to the agency of that em5 ployee and such detail shall be without interruption or loss 

6 of civil service or status or privilege. 

7 (g) COMPTROLLER GENERAL REVIEW.—The Comp8 troller General of the United States shall review the rec9 ommendations in the report submitted under subsection 

10 (d) in order to determine— 

11 (1) whether any of the recommendations are 

12 likely to achieve effective control in all high risk bor13 der sectors; 

14 (2) which recommendations are most likely to 

15 achieve effective control; and 

16 (3) whether such recommendations are feasible 

17 within existing budget constraints. 

18 (h) TERMINATION.—The Commission shall terminate 

19 30 days after the date on which the report is submitted 

20 under subsection (d). 

21 SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY 

22 STRATEGY AND SOUTHERN BORDER FENC23 ING STRATEGY. 

24 (a) COMPREHENSIVE SOUTHERN BORDER SECURITY

25 STRATEGY.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary shall submit a strategy, to be known as the 

4 ‘‘Comprehensive Southern Border Security Strat5 egy’’, for achieving and maintaining effective control 

6 between the ports of entry in all high risk border 

7 sectors along the Southern border, to— 

8 (A) the Committee on Homeland Security 

9 and Governmental Affairs of the Senate; 

10 (B) the Committee on Homeland Security 

11 of the House of Representatives; 

12 (C) the Committee on Appropriations of 

13 the Senate; 

14 (D) the Committee on Appropriations of 

15 the House of Representatives; and 

16 (E) the Comptroller General of the United 

17 States. 

18 (2) ELEMENTS.—The Comprehensive Southern 

19 Border Security Strategy shall specify— 

20 (A) the priorities that must be met for the 

21 strategy to be successfully executed; 

22 (B) the capabilities that must be obtained 

23 to meet each of the priorities referred to in sub24 paragraph (A), including— 


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1 (i) surveillance and detection capabili2 ties developed or used by the Department 

3 of Defense to increase situational aware4 ness; and 

5 (ii) the requirement for stationing suf6 ficient Border Patrol agents and Customs 

7 and Border Protection officers at and be8 tween ports of entry along the Southern 

9 border; and 

10 (C) the resources, including personnel, in11 frastructure, and technology that must be pro12 cured and successfully deployed to obtain the 

13 capabilities referred to in subparagraph (B), in14 cluding— 

15 (i) fixed, mobile, and agent portable 

16 surveillance systems; and 

17 (ii) unarmed, unmanned aerial sys18 tems and unarmed, fixed-wing aircraft and 

19 necessary and qualified staff and equip20 ment to fully utilize such systems. 

21 (3) ADDITIONAL ELEMENTS REGARDING EXE22 CUTION.—The Comprehensive Southern Border Se23 curity Strategy shall describe— 

24 (A) how the resources referred to in para25 graph (2)(C) will be properly aligned with the 


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1 priorities referred to in paragraph (2)(A) to en2 sure that the strategy will be successfully exe3 cuted; 

4 (B) the interim goals that must be accom5 plished to successfully implement the strategy; 

6 and 

7 (C) the schedule and supporting milestones 

8 under which the Department will accomplish 

9 the interim goals referred to in subparagraph 

10 (B). 

11 (4) IMPLEMENTATION.— 

12 (A) IN GENERAL.—The Secretary shall 

13 commence the implementation of the Com14 prehensive Southern Border Security Strategy 

15 immediately after submitting the strategy under 

16 paragraph (1). 

17 (B) NOTICE OF COMMENCEMENT.—Upon 

18 commencing the implementation of the strategy, 

19 the Secretary shall submit a notice of com20 mencement of such implementation to— 

21 (i) Congress; and 

22 (ii) the Comptroller General of the 

23 United States. 

24 (5) SEMIANNUAL REPORTS.— 


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1 (A) IN GENERAL.—After the Comprehen2 sive Southern Border Security Strategy is sub3 mitted under paragraph (1),the Secretary shall 

4 submit, not later than May 15 and November 

5 15 of each year, a report on the status of the 

6 Department’s implementation of the strategy 

7 to— 

8 (i) the Committee on Homeland Secu9 rity and Governmental Affairs of the Sen10 ate; 

11 (ii) the Committee on Homeland Se12 curity of the House of Representatives; 

13 (iii) the Committee on Appropriations 

14 of the Senate; and 

15 (iv) the Committee on Appropriations 

16 of the House of Representatives. 

17 (B) ELEMENTS.—Each report submitted 

18 under subparagraph (A) shall include— 

19 (i) a detailed description of the steps 

20 the Department has taken, or plans to 

21 take, to execute the strategy submitted 

22 under paragraph (1), including the 

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1 lished pursuant to subparagraphs (B) and 

2 (C) of paragraph (3); 

3 (ii) a detailed description of— 

4 (I) any impediments identified in 

5 the Department’s efforts to execute 

6 the strategy; 

7 (II) the actions the Department 

8 has taken, or plans to take, to address 

9 such impediments; and 

10 (III) any additional measures de11 veloped by the Department to meas12 ure the state of security along the 

13 Southern border; and 

14 (iii) for each Border Patrol sector 

15 along the Southern border— 

16 (I) the effectiveness rate for each 

17 individual Border Patrol sector and 

18 the aggregated effectiveness rate; 

19 (II) the number of recidivist ap20 prehensions, sorted by Border Patrol 

21 sector; and 

22 (III) the recidivism rate for all 

23 unique subjects that received a crimi24 nal consequence through the Con25 sequence Delivery System process. 


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1 (b) SOUTHERN BORDER FENCING STRATEGY.— 

2 (1) ESTABLISHMENT.—Not later than 180 days 

3 after the date of the enactment of this Act, the Sec4 retary shall establish a strategy, to be known as the 

5 ‘‘Southern Border Fencing Strategy’’, to identify 

6 where fencing, including double-layer fencing, infra7 structure, and technology should be deployed along 

8 the Southern border. 

9 (2) SUBMITTAL.—The Secretary shall submit 

10 the Southern Border Fencing Strategy to Congress 

11 and the Comptroller General of the United States 

12 for review. 

13 (3) NOTICE OF COMMENCEMENT.—Upon com14 mencing the implementation of the Southern Border 

15 Fencing Strategy, the Secretary shall submit a no16 tice of commencement of the implementation of the 

17 Strategy to Congress and the Comptroller General of 

18 the United States. 

19 SEC. 6. COMPREHENSIVE IMMIGRATION REFORM TRUST 

20 FUND. 

21 (a) COMPREHENSIVE IMMIGRATION REFORM TRUST

22 FUND.— 

23 (1) ESTABLISHMENT.—There is established in 

24 the Treasury a separate account, to be known as the 

25 Comprehensive Immigration Reform Trust Fund 


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1 (referred to in this section as the ‘‘Trust Fund’’), 

2 consisting of— 

3 (A) amounts transferred from the general 

4 fund of the Treasury under paragraph (2)(A); 

5 and 

6 (B) proceeds from the fees described in 

7 paragraph (2)(B). 

8 (2) DEPOSITS.— 

9 (A) INITIAL FUNDING.—On the later of 

10 the date of the enactment of this Act or Octo11 ber 1, 2013, $6,500,000,000 shall be trans12 ferred from the general fund of the Treasury to 

13 the Trust Fund. 

14 (B) START-UP COSTS.—On the later of the 

15 date of the enactment of this Act or October 1, 

16 2013, $100,000,000 is hereby appropriated 

17 from the general fund of the Treasury, to re18 main available until September 30, 2015, to the 

19 Department to pay for one-time and startup 

20 costs necessary to implement this Act, 

21 (C) ONGOING FUNDING.—In addition to 

22 the funding described in subparagraph (A), the 

23 following amounts shall be deposited in the 

24 trust fund: 


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1 (i) ELECTRONIC TRAVEL AUTHORIZA2 TION SYSTEM FEES.—75 percent of the 

3 fees collected under section 217(h)(3)(B) 

4 of the Immigration and Nationality Act (8 

5 U.S.C. 1187(h)(3)). 

6 (ii) J–1 VISA MITIGATION FEES.— 

7 Mitigation fees collected from employers 

8 who employ aliens described in section 

9 101(a)(15)(J) of the Immigration and Na10 tionality Act (8 U.S.C. 1101(a)(15)(J)) 

11 through the Summer Work Travel Pro12 gram. 

13 (iii) H–1B VISA FEES.—Fees collected 

14 from employers hiring nonimmigrants de15 scribed in section 101(a)(15)(H)(i)(b) of 

16 the Immigration and Nationality Act (8 

17 U.S.C. 1101 (a)(15)(H)(i)(b)). 

18 (iv) L–1 VISA FEES.—Fees collected 

19 under section 214(c)(12) of the Immigra20 tion and Nationality Act (8 U.S.C. 

21 1184(c)(12) from employers hiring a non22 immigrant described in section 

23 101(a)(15)(L) of such Act (8 U.S.C. 

24 1101(a)(15)(L)). 


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1 (v) H–2B VISA FEES.—Fees collected 

2 from employers hiring nonimmigrants de3 scribed in section 101(a)(15)(H)(ii)(b) of 

4 the Immigration and Nationality Act (8 

5 U.S.C. 1101 (a)(15)(H)(i i)(b)) in the 

6 amount of $500 under section 214 of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1184). 

9 (vi) F–1 VISA FEES.—Fees collected 

10 for nonimmigrants admitted under section 

11 101(a)(15)(F)(i) of the Immigration and 

12 Nationality Act (8 U.S.C. 

13 1101(a)(15)(F)(i)) in the amount of $500 

14 under section 214 of the Immigration and 

15 Nationality Act (8 U.S.C. 1184) 

16 (vii) VISITOR VISA FEES.—Amend 

17 Section 214 to add a $5 fee for visitor 

18 visas 101(a)(15)(B). 

19 (viii) MERIT SYSTEM GREEN CARD

20 FEES.—Include the fee charged in the doc21 ument to get a ‘‘merit system’’ green card. 

22 (ix) OTHER ALIENS.—An alien who is 

23 allocated a visa under section 211 shall 

24 pay a fee of $1,500. 


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1 (x) PENALTY.—Penalties collected 

2 from applicants for provisional immigrant 

3 status under section 245B(c)(9)(C) of the 

4 Immigration and Nationality Act, as added 

5 by section 2101 of this Act. 

6 (xi) H-1B NONIMMIGRANT DEPEND7 ENT EMPLOYER FEES.—Fees collected 

8 under section 423(a)(2). 

9 (xii) H–1B OUTPLACEMENT FEE.— 

10 Fees collected under section 

11 212(n)(1)(F)(ii) of the Immigration and 

12 Nationality Act, as amended by section 

13 4201(d). 

14 (xiii) L NONIMMIGRANT DEPENDENT

15 EMPLOYER FEES.—Fees collected under 

16 section 435(a)(2). 

17 (xiv) RETIREE VISA FEES.—Fees col18 lected under section 101(a)(15)(Y) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1101(a)(15)(Y)). 

21 (xv) NONIMMIGRANTS PERFORMING

22 MAINTENANCE ON COMMON CARRIERS.— 

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1 ality Act (8 U.S.C. 1184), as added by sec2 tion 4604. 

3 (3) USE OF FUNDS.— 

4 (A) INITIAL FUNDING.—Of the amounts 

5 transferred to the Trust Fund pursuant to 

6 paragraph (2)(A)— 

7 (i) $3,000,000,000 shall be made 

8 available to the Secretary, during the 5- 

9 year period beginning on the date of the 

10 enactment of this Act, to carry out the 

11 Comprehensive Southern Border Security 

12 Strategy; 

13 (ii) $2,000,000,000 shall be made 

14 available to the Secretary, during the 10- 

15 year period beginning on the date of the 

16 enactment of this Act, to carry out pro17 grams, projects, and activities rec18 ommended by the Commission pursuant to 

19 section 4(c) to achieve and maintain the 

20 border security goal specified in section 

21 3(b); and 

22 (iii) $1,500,000,000 shall be made 

23 available to the Secretary, during the 5- 

24 year period beginning on the date of the 

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1 ploy additional fencing in high-risk border 

2 sectors in accordance with the Southern 

3 Border Fencing Strategy established pur4 suant to section 5(b). 

5 (B) ONGOING FUNDING.—Of the amounts 

6 deposited into the Trust Fund pursuant to 

7 paragraph (2)(B)— 

8 (i) $50,000,000 shall be available dur9 ing each of the fiscal years 2014 through 

10 2018 to carry out the activities described 

11 in section 1104(a)(1); and 

12 (ii) $50,000,000 shall be available 

13 during each of the fiscal years 2014 

14 through 2018 to carry out the activities 

15 described in section 1104(b). 

16 (b) LIMITATION ON COLLECTION.—No fee described 

17 in paragraph (2)(B) may be collected under this Act ex18 cept to the extent that the expenditure of the fee to pay 

19 the costs of activities and services for which the fee is im20 posed is provided for in advance in an appropriations Act. 

21 (c) RECEIPTS COLLECTED AS OFFSETTING RE22 CEIPTS.—Notwithstanding section 3302 of title 31, 

23 United States Code, any fee collected under this Act— 

24 (1) shall be credited as offsetting collections to 

25 the Trust Fund; 


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1 (2) shall be available for expenditure only to 

2 pay the costs of activities and services authorized 

3 from the Trust Fund; and 

4 (3) shall remain available until expended. 

5 (d) DETERMINATION OF BUDGETARY EFFECTS.— 

6 (1) EMERGENCY DESIGNATION FOR CONGRES7 SIONAL ENFORCEMENT.—In the Senate, amounts 

8 made available under this section are designated as 

9 an emergency requirement pursuant to section 

10 403(a) of S. Con. Res. 13 (111th Congress), the 

11 concurrent resolution on the budget for fiscal year 

12 2010. 

13 (2) EMERGENCY DESIGNATION FOR STATUTORY

14 PAYGO.—Amounts made available under this section 

15 are designated as an emergency requirement under 

16 section 4(g) of the Statutory Pay-As-You-Go Act of 

17 2010 (Public Law 111–139; 2 U.S.C. 933(g)). 

18 SEC. 7. REFERENCE TO THE IMMIGRATION AND NATION19 ALITY ACT. 

20 Except as otherwise expressly provided, whenever in 

21 this Act an amendment or repeal is expressed in terms 

22 of an amendment to, or repeal of, a section or other provi23 sion, the reference shall be considered to be made to a 

24 section or other provision of the Immigration and Nation25 ality Act (8 U.S.C. 1101 et seq.). 


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1 SEC. 8. DEFINITIONS. 

2 In this Act: 

3 (1) DEPARTMENT.—Except as otherwise pro4 vided, the term ‘‘Department’’ means the Depart5 ment of Homeland Security. 

6 (2) SECRETARY.—Except as otherwise provided, 

7 the term ‘‘Secretary’’ means the Secretary of Home8 land Security. 

9 TITLE I—BORDER SECURITY 

10 SEC. 1101. DEFINITIONS. 

11 In this title: 

12 (1) RURAL, HIGH-TRAFFICKED AREAS.—The 

13 term ‘‘rural, high-trafficked areas’’ means rural 

14 areas through which drugs and undocumented aliens 

15 are routinely smuggled, as designated by the Com16 missioner of U.S. Customs and Border Protection. 

17 (2) SOUTHERN BORDER.—The term ‘‘Southern 

18 border’’ means the international border between the 

19 United States and Mexico. 

20 (3) SOUTHWEST BORDER REGION.—The term 

21 ‘‘Southwest border region’’ means the area in the 

22 United States that is within 100 miles of the South23 ern border. 


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1 SEC. 1102. ADDITIONAL U.S. CUSTOMS AND BORDER PRO2 TECTION OFFICERS. 

3 (a) IN GENERAL.—Not later than September 30, 

4 2017, the Secretary shall increase the number of trained 

5 U.S. Customs and Border Protection officers by 3,500, 

6 compared to the number of such officers as of the date 

7 of the enactment of this Act. The Secretary shall make 

8 progress in increasing such number of officers during each 

9 of the fiscal years 2014 through 2017. 

10 (b) CONSTRUCTION.—Nothing in subsection (a) may 

11 be interpreted to preclude the Secretary from reassigning 

12 or stationing U.S. Customs and Border protection officers 

13 and agents from the Northern border to the Southern bor14 der. 

15 (c) FUNDING.—There are authorized to be appro16 priated, from the Comprehensive Immigration Reform 

17 Trust Fund established under section 6(a)(1), such sums 

18 as may be necessary to carry out this section. 

19 SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE 

20 SOUTHERN BORDER. 

21 (a) IN GENERAL.—With the approval of the Sec22 retary of Defense, the Governor of a State may order any 

23 units or personnel of the National Guard of such State 

24 to perform operations and missions under section 502(f) 

25 of title 32, United States Code, in the Southwest Border 


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1 region for the purposes of assisting U.S. Customs and 

2 Border Protection in securing the Southern border. 

3 (b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 

4 (1) IN GENERAL.—National Guard units and 

5 personnel deployed under subsection (a) may be as6 signed such operations and missions specified in sub7 section (c) as may be necessary to secure the South8 ern border. 

9 (2) NATURE OF DUTY.—The duty of National 

10 Guard personnel performing operations and missions 

11 described in paragraph (1) shall be full-time duty 

12 under title 32, United States Code. 

13 (c) RANGE OF OPERATIONS AND MISSIONS.—The op14 erations and missions assigned under subsection (b) shall 

15 include the temporary authority— 

16 (1) to construct fencing, including double-layer 

17 and triple-layer fencing; 

18 (2) to increase ground-based mobile surveillance 

19 systems; 

20 (3) to deploy additional unmanned aerial sys21 tems and manned aircraft sufficient to maintain 

22 continuous surveillance of the Southern Border; 

23 (4) to deploy and provide capability for radio 

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1 toms and Border Protection and State, local, and 

2 tribal law enforcement agencies; 

3 (5) to construct checkpoints along the Southern 

4 border to bridge the gap to long-term permanent 

5 checkpoints; and 

6 (6) to provide assistance to U.S. Customs and 

7 Border Protection, particularly in rural, high-traf8 ficked areas, as designated by the Commissioner of 

9 U.S. Customs and Border Protection. 

10 (d) MATERIEL AND LOGISTICAL SUPPORT.—The 

11 Secretary of Defense shall deploy such materiel and equip12 ment and logistical support as may be necessary to ensure 

13 success of the operations and missions conducted by the 

14 National Guard under this section. 

15 (e) EXCLUSION FROM NATIONAL GUARD PER16 SONNEL STRENGTH LIMITATIONS.—National Guard per17 sonnel deployed under subsection (a) shall not be included 

18 in— 

19 (1) the calculation to determine compliance 

20 with limits on end strength for National Guard per21 sonnel; or 

22 (2) limits on the number of National Guard 

23 personnel that may be placed on active duty for 

24 operational support under section 115 of title 10, 

25 United States Code. 


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1 SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY 

2 OPERATIONS. 

3 (a) BORDER CROSSING PROSECUTIONS.— 

4 (1) IN GENERAL.—The Secretary, acting 

5 through the Commissioner, U.S. Customs and Bor6 der Protection, shall— 

7 (A) increase the number of border crossing 

8 prosecutions in the Tucson Sector of the South9 west Border region to up to 210 prosecutions 

10 per day by increasing the funding available 

11 for— 

12 (i) attorneys and administrative sup13 port staff in the Tucson United States At14 torney Office; 

15 (ii) support staff and interpreters in 

16 the Tucson Court Clerks Office; 

17 (iii) pre-trial services; 

18 (iv) activities of the Tucson Federal 

19 Public Defenders Office; and 

20 (v) additional marshals in the Tucson 

21 United States Marshals Office to perform 

22 intake, coordination, transportation, and 

23 court security; and 

24 (B) reimburse State, local, and tribal law 

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1 lated to the border crossing prosecutions carried 

2 out pursuant to subparagraph (A). 

3 (2) ADDITIONAL MAGISTRATE JUDGES TO AS4 SIST WITH INCREASED CASELOAD.—The chief judge 

5 of the United States District Court for the District 

6 of Arizona is authorized to appoint additional full7 time magistrate judges, who, consistent with the 

8 Constitution and laws of the United States, shall 

9 have the authority to hear cases and controversies in 

10 the judicial district in which the respective judges 

11 are appointed. 

12 (3) FUNDING.—There are authorized to be ap13 propriated, from the Comprehensive Immigration 

14 Reform Trust Fund established under section 

15 6(a)(1), such sums as may be necessary to carry out 

16 this subsection. 

17 (b) OPERATION STONEGARDEN.— 

18 (1) IN GENERAL.—The Federal Emergency 

19 Management Agency shall enhance law enforcement 

20 preparedness and operational readiness along the 

21 borders of the United States through Operation 

22 Stonegarden. The amounts available under this 

23 paragraph are in addition to any other amounts oth24 erwise made available for Operation Stonegarden. 

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1 able under section 5(a)(3)(B)(ii) shall be allocated 

2 for grants and reimbursements to law enforcement 

3 agencies in the States in the Southwest Border re4 gion for personnel, overtime, travel, and other costs 

5 related to illegal immigration and drug smuggling in 

6 the Southwest Border region. 

7 (2) FUNDING.—There are authorized to be ap8 propriated, from the amounts made available under 

9 section 6(a)(3)(A)(i), such sums as may be nec10 essary to carry out this subsection. 

11 (c) INFRASTRUCTURE IMPROVEMENTS.— 

12 (1) BORDER PATROL STATIONS.—The Secretary 

13 shall— 

14 (A) construct additional Border Patrol sta15 tions in the Southwest Border region that U.S. 

16 Border Patrol determines are needed to provide 

17 full operational support in rural, high-trafficked 

18 areas; and 

19 (B) analyze the feasibility of creating addi20 tional Border Patrol sectors along the Southern 

21 border to interrupt drug trafficking operations. 

22 (2) FORWARD OPERATING BASES.—The Sec23 retary shall enhance the security of the Southwest 

24 Border region by— 


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1 (A) establishing additional permanent for2 ward operating bases for the Border Patrol, as 

3 needed; 

4 (B) upgrading the existing forward oper5 ating bases to include modular buildings, elec6 tricity, and potable water; and 

7 (C) ensuring that forward operating bases 

8 surveil and interdict individuals entering the 

9 United States unlawfully immediately after 

10 such individuals cross the Southern border. 

11 (3) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated for each of 

13 fiscal years 2014 through 2018 such sums as may 

14 be necessary to carry out this subsection. 

15 SEC. 1105. BORDER SECURITY ON CERTAIN FEDERAL LAND. 

16 (a) DEFINITIONS.—In this section: 

17 (1) FEDERAL LANDS.—The term ‘‘Federal 

18 lands’’ includes all land under the control of the Sec19 retary concerned that is located within the South20 west border region in the State of Arizona along the 

21 international border between the United States and 

22 Mexico. 

23 (2) SECRETARY CONCERNED.—The term ‘‘Sec24 retary concerned’’ means— 


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1 (A) with respect to land under the jurisdic2 tion of the Secretary of Agriculture, the Sec3 retary of Agriculture; and 

4 (B) with respect to land under the jurisdic5 tion of the Secretary of the Interior, the Sec6 retary of the Interior. 

7 (b) SUPPORT FOR BORDER SECURITY NEEDS.—To 

8 achieve effective control of Federal lands— 

9 (1) the Secretary concerned, notwithstanding 

10 any other provision of law, shall authorize and pro11 vide U.S. Customs and Border Protection personnel 

12 with immediate access to Federal lands for security 

13 activities, including— 

14 (A) routine motorized patrols; and 

15 (B) the deployment of communications, 

16 surveillance, and detection equipment; 

17 (2) the security activities described in para18 graph (1) shall be conducted, to the maximum ex19 tent practicable, in a manner that the Secretary de20 termines will best protect the natural and cultural 

21 resources on Federal lands; and 

22 (3) the Secretary concerned may provide edu23 cation and training to U.S. Customs and Border 

24 Protection on the natural and cultural resources 

25 present on individual Federal land units. 


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1 (c) PROGRAMMATIC ENVIRONMENTAL IMPACT

2 STATEMENT.— 

3 (1) IN GENERAL.—After implementing sub4 section (b), the Secretary, in consultation with the 

5 Secretaries concerned, shall prepare and publish in 

6 the Federal Register a notice of intent to prepare a 

7 programmatic environmental impact statement in 

8 accordance with the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the 

10 impacts of the activities described in subsection (b). 

11 (2) EFFECT ON PROCESSING APPLICATION AND

12 SPECIAL USE PERMITS.—The pending completion of 

13 a programmatic environmental impact statement 

14 under this section shall not result in any delay in the 

15 processing or approving of applications or special 

16 use permits by the Secretaries concerned for the ac17 tivities described in subsection (b). 

18 (3) AMENDMENT OF LAND USE PLANS.—The 

19 Secretaries concerned shall amend any land use 

20 plans, as appropriate, upon completion of the pro21 grammatic environmental impact statement de22 scribed in subsection (b). 

23 (4) SCOPE OF PROGRAMMATIC ENVIRONMENTAL

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1 mental impact statement described in paragraph 

2 (1)— 

3 (A) may be used to advise the Secretary on 

4 the impact on natural and cultural resources on 

5 Federal lands; and 

6 (B) shall not control, delay, or restrict ac7 tions by the Secretary to achieve effective con8 trol on Federal lands. 

9 (d) INTERMINGLED STATE AND PRIVATE LAND.— 

10 This section shall not apply to any private or State-owned 

11 land within the boundaries of Federal lands. 

12 SEC. 1106. EQUIPMENT AND TECHNOLOGY. 

13 (a) ENHANCEMENTS.—The Commissioner of U.S. 

14 Customs and Border Protection, working through U.S. 

15 Border Patrol, shall— 

16 (1) deploy additional mobile, video, and agent17 portable surveillance systems, and unmanned aerial 

18 vehicles in the Southwest Border region as necessary 

19 to provide 24-hour operation and surveillance; 

20 (2) operate unarmed unmanned aerial vehicles 

21 along the Southern border for 24 hours per day and 

22 for 7 days per week; 

23 (3) deploy unarmed additional fixed-wing air24 craft and helicopters along the Southern border; 


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1 (4) acquire new rotocraft and make upgrades to 

2 the existing helicopter fleet; and 

3 (5) increase horse patrols in the Southwest 

4 Border region. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi6 tion to amounts otherwise authorized to be appropriated, 

7 there is authorized to be appropriated to U.S. Customs 

8 and Border Protection such sums as may be necessary to 

9 carry out subsection (a) during fiscal years 2014 through 

10 2018. 

11 SEC. 1107. ACCESS TO EMERGENCY PERSONNEL. 

12 (a) SOUTHWEST BORDER REGION EMERGENCY COM13 MUNICATIONS GRANTS.— 

14 (1) IN GENERAL.—The Secretary, in consulta15 tion with the governors of the States in the South16 west Border region, shall establish a 2-year grant 

17 program, to be administered by the Secretary, to im18 prove emergency communications in the Southwest 

19 Border region. 

20 (2) ELIGIBILITY FOR GRANTS.—An individual 

21 is eligible to receive a grant under this subsection if 

22 the individual demonstrates that he or she— 

23 (A) regularly resides or works in the 

24 Southwest Border region; 


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1 (B) is at greater risk of border violence 

2 due to the lack of cellular service at his or her 

3 residence or business and his or her proximity 

4 to the Southern border. 

5 (3) USE OF GRANTS.—Grants awarded under 

6 this subsection may be used to purchase satellite 

7 telephone communications systems and service 

8 that— 

9 (A) can provide access to 9–1–1 service; 

10 and 

11 (B) are equipped with global positioning 

12 systems. 

13 (4) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated such sums as 

15 may be necessary to carry out the grant program es16 tablished under this subsection. 

17 (b) INTEROPERABLE COMMUNICATIONS FOR LAW

18 ENFORCEMENT.— 

19 (1) FEDERAL LAW ENFORCEMENT.—There are 

20 authorized to be appropriated, to the Department, 

21 the Department of Justice, and the Department of 

22 the Interior, during the 5-year period beginning on 

23 the date of the enactment of this Act, such sums as 

24 may be necessary— 


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1 (A) to purchase, through a competitive 

2 procurement process, P25-compliant radios, 

3 which may include a multi-band option, for 

4 Federal law enforcement agents working in the 

5 Southwest Border region in support of the ac6 tivities of U.S. Customs and Border Protection 

7 and U.S. Immigration and Customs Enforce8 ment, including law enforcement agents of the 

9 Drug Enforcement Administration, the Bureau 

10 of Alcohol, Tobacco, Firearms and Explosives, 

11 the Department of the Interior, and the Forest 

12 Service; and 

13 (B) to upgrade, through a competitive pro14 curement process, the communications network 

15 of the Department of Justice to ensure coverage 

16 and capacity, particularly when immediate ac17 cess is needed in times of crisis, in the South18 west Border region for appropriate law enforce19 ment personnel of the Department of Justice 

20 (including the Drug Enforcement Administra21 tion and the Bureau of Alcohol, Tobacco, Fire22 arms and Explosives), the Department (includ23 ing U.S. Immigration and Customs Enforce24 ment and U.S. Customs and Border Protec25 tion), the United States Marshals Service, other 


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1 Federal agencies, the State of Arizona, tribes, 

2 and local governments. 

3 (2) STATE AND LOCAL LAW ENFORCEMENT.— 

4 (A) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appropriated 

6 to the Department of Justice, during the 5-year 

7 period beginning on the date of the enactment 

8 of this Act, such sums as may be necessary to 

9 purchase, through a competitive procurement 

10 process, P25-compliant radios, which may in11 clude a multi-band option, for State and local 

12 law enforcement agents working in the South13 west Border region. 

14 (B) ACCESS TO FEDERAL SPECTRUM.—If 

15 a State, tribal, or local law enforcement agency 

16 in the Southwest Border region experiences an 

17 emergency situation that necessitates immediate 

18 communication with the Department of Justice, 

19 the Department, the Department of the Inte20 rior, or any of their respective subagencies, 

21 such law enforcement agency shall have access 

22 to the spectrum assigned to such Federal agen23 cy for the duration of such emergency situation. 


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1 SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION 

2 INITIATIVE. 

3 (a) REIMBURSEMENT TO STATE AND LOCAL PROS4 ECUTORS FOR FEDERALLY INITIATED CRIMINAL

5 CASES.—The Attorney General shall reimburse State, 

6 county, tribal, and municipal governments for costs associ7 ated with the prosecution and pre-trial detention of Feder8 ally initiated criminal cases declined by local offices of the 

9 United States Attorneys. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated such sums as may be nec12 essary to carry out subsection (a) during fiscal years 2014 

13 through 2018 . 

14 SEC. 1109. INTERAGENCY COLLABORATION. 

15 The Assistant Secretary of Defense for Research and 

16 Engineering shall collaborate with the Under Secretary of 

17 Homeland Security for Science and Technology to identify 

18 equipment and technology used by the Department of De19 fense that could be used by U.S. Customs and Border Pro20 tection to improve the security of the Southern border 

21 by— 

22 (1) detecting border tunnels; 

23 (2) detecting the use of ultralight aircraft; 

24 (3) enhancing wide aerial surveillance; and 

25 (4) otherwise improving the enforcement of 

26 such border. 


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1 SEC. 1110. SCAAP REAUTHORIZATION. 

2 Section 241(i)(5)(C) (8 U.S.C. 1231(i)(5)) is amend3 ed by striking ‘‘2011’’ and inserting ‘‘2015’’. 

4 SEC. 1111. USE OF FORCE. 

5 Not later than 180 days after the date of the enact6 ment of this Act, the Secretary, in consultation with the 

7 Assistant Attorney General for the Civil Rights Division 

8 of the Department of Justice, shall issue policies gov9 erning the use of force by all Department personnel that— 

10 (1) require all Department personnel to report 

11 each use of force; and 

12 (2) establish procedures for— 

13 (A) accepting and investigating complaints 

14 regarding the use of force by Department per15 sonnel; 

16 (B) disciplining Department personnel who 

17 violate any law or Department policy relating to 

18 the use of force; and 

19 (C) reviewing all uses of force by Depart20 ment personnel to determine whether the use of 

21 force— 

22 (i) complied with Department policy; 

23 or 

24 (ii) demonstrates the need for changes 

25 in policy, training, or equipment. 


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1 SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMI2 GRATION ENFORCEMENT OFFICERS. 

3 (a) IN GENERAL.—The Secretary shall ensure that 

4 U.S. Customs and Border Protection officers, U.S. Border 

5 Patrol officers, U.S. Immigration and Customs Enforce6 ment agents, and agriculture specialists stationed within 

7 100 miles of any land or marine border of the United 

8 States or at any United States port of entry receive appro9 priate training, which shall be prepared in collaboration 

10 with the Assistant Attorney General for the Civil Rights 

11 Division of the Department of Justice, in— 

12 (1) identifying and detecting fraudulent travel 

13 documents; 

14 (2) civil, constitutional, human, and privacy 

15 rights of individuals; 

16 (3) the scope of enforcement authorities, includ17 ing interrogations, stops, searches, seizures, arrests, 

18 and detentions; 

19 (4) the use of force policies issued by the Sec20 retary pursuant to section 1111; 

21 (5) immigration laws, including screening, iden22 tifying, and addressing vulnerable populations, such 

23 as children, victims of crime and human trafficking, 

24 and individuals fleeing persecution or torture; 

25 (6) social and cultural sensitivity toward border 

26 communities; 


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1 (7) the impact of border operations on commu2 nities; and 

3 (8) any particular environmental concerns in a 

4 particular area. 

5 (b) TRAINING FOR BORDER COMMUNITY LIAISON

6 OFFICERS.—The Secretary shall ensure that border com7 munities liaison officers in Border Patrol sectors along the 

8 international borders between the United States and Mex9 ico and between the United States and Canada receive 

10 training to better— 

11 (1) act as a liaison between border communities 

12 and the Office for Civil Rights and Civil Liberties of 

13 the Department and the Civil Rights Division of the 

14 Department of Justice; 

15 (2) foster and institutionalize consultation with 

16 border communities; 

17 (3) consult with border communities on Depart18 ment programs, policies, strategies, and directives; 

19 and 

20 (4) receive Department performance assess21 ments from border communities. 

22 SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BOR23 DER OVERSIGHT TASK FORCE. 

24 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—There is established an inde2 pendent task force, which shall be known as the De3 partment of Homeland Security Border Oversight 

4 Task Force (referred to in this section as the ‘‘DHS 

5 Task Force’’). 

6 (2) DUTIES.—The DHS Task Force shall— 

7 (A) review and make recommendations re8 garding immigration and border enforcement 

9 policies, strategies, and programs that take into 

10 consideration their impact on border commu11 nities; 

12 (B) recommend ways in which the Border 

13 Communities Liaison Offices can strengthen re14 lations and collaboration between communities 

15 in the border regions and the Department, the 

16 Department of Justice, and other Federal agen17 cies that carry out such policies, strategies, and 

18 programs; 

19 (C) evaluate how the policies, strategies, 

20 and programs of Federal agencies operating 

21 along the international borders between the 

22 United States and Mexico and between the 

23 United States and Canada protect the due proc24 ess, civil, and human rights of border residents, 


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1 visitors, and migrants at and near such borders; 

2 and 

3 (D) evaluate and make recommendations 

4 regarding the training of border enforcement 

5 personnel described in section 1112. 

6 (3) MEMBERSHIP.— 

7 (A) IN GENERAL.—The DHS Task Force 

8 shall be composed of 26 members, appointed by 

9 the President, who have expertise in migration, 

10 local crime indices, civil and human rights, 

11 community relations, cross-border trade and 

12 commerce, quality of life indicators, or other 

13 pertinent experience, of whom— 

14 (i) 11 members shall be from the 

15 Northern border region and shall include— 

16 (I) 2 local government elected of17 ficials; 

18 (II) 2 local law enforcement offi19 cial; 

20 (III) 2 civil rights advocates; 

21 (IV) 1 business representative; 

22 (V) 1 higher education represent23 ative; 

24 (VI) 1 representative of a faith 

25 community; and 


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1 (VII) 2 representatives of U.S. 

2 Border Patrol; and 

3 (ii) 15 members shall be from the 

4 Southern border region and include— 

5 (I) 3 local government elected of6 ficials; 

7 (II) 3 local law enforcement offi8 cials; 

9 (III) 3 civil rights advocates; 

10 (IV) 2 business representatives; 

11 (V) 1 higher education represent12 ative; 

13 (VI) 1 representative of a faith 

14 community; and 

15 (VII) 2 representatives of U.S. 

16 Border Patrol. 

17 (B) NONGOVERNMENTAL APPOINTEES.— 

18 Individuals appointed as members of the DHS 

19 Task Force may not be employed by the Fed20 eral Government. 

21 (C) TERM OF SERVICE.—Members of the 

22 Task Force shall be appointed for the shorter 

23 of— 

24 (i) 3 years; or 

25 (ii) the life of the DHS Task Force. 


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1 (D) CHAIR, VICE CHAIR.—The members of 

2 the DHS Task Force shall elect a Chair and a 

3 Vice Chair from among its members, who shall 

4 serve in such capacities for the life of the DHS 

5 Task Force or until removed by the majority 

6 vote of at least 14 members. 

7 (b) OPERATIONS.— 

8 (1) HEARINGS.—The DHS Task Force may, 

9 for the purpose of carrying out its duties, hold hear10 ings, sit and act, take testimony, receive evidence, 

11 and administer oaths. 

12 (2) RECOMMENDATIONS.—The DHS Task 

13 Force may make findings or recommendations to the 

14 Secretary related to the duties described in sub15 section (a)(2). 

16 (3) RESPONSE.—Not later than 180 days after 

17 receiving the findings and recommendations from 

18 the DHS Task Force under paragraph (2), the Sec19 retary shall issue a response that describes how the 

20 Department has addressed, or will address, such 

21 findings and recommendations. 

22 (4) INFORMATION FROM FEDERAL AGENCIES.— 

23 The Chair, or 16 members of the DHS Task Force, 

24 may request statistics relating to the duties de25 scribed in subsection (a)(2) directly from any FedVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 eral agency, which shall, to the extent authorized by 

2 law, furnish such information, suggestions, esti3 mates, and statistics directly to the DHS Task 

4 Force. 

5 (5) COMPENSATION.—Members of the DHS 

6 Task Force shall serve without pay, but shall be re7 imbursed for reasonable travel and subsistence ex8 penses incurred in the performance of their duties. 

9 (c) REPORT.—Not later than 2 years after its first 

10 meeting, the DHS Task Force shall submit a final report 

11 to the President, Congress, and the Secretary that con12 tains— 

13 (1) findings with respect to the duties of the 

14 DHS Task Force; and 

15 (2) recommendations regarding border and im16 migration enforcement policies, strategies, and pro17 grams, including— 

18 (A) a recommendation as to whether the 

19 DHS Task Force should continue to operate; 

20 and 

21 (B) a description of any duties the DHS 

22 Task Force should be responsible for after the 

23 termination date described in subsection (e). 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated such sums as may be 


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1 necessary to carry out this section for each of the fiscal 

2 years 2014 through 2017. 

3 (e) SUNSET.—The DHS Task Force shall terminate 

4 operations 60 days after the date on which the DHS Task 

5 Force submits the report described in subsection (c). 

6 SEC. 1114. IMMIGRATION OMBUDSMAN. 

7 (a) IN GENERAL.—Section 452 of the Homeland Se8 curity Act (6 U.S.C. 272) is amended— 

9 (1) by amending the section heading to read as 

10 follows: 

11 ‘‘SEC. 452. DEPARTMENT OF HOMELAND SECURITY IMMI12 GRATION OMBUDSMAN.’’; 

13 (2) in subsection (a), by striking ‘‘Citizenship 

14 and Immigration Services Ombudsman’’ and insert15 ing ‘‘DHS Immigration Ombudsman’’; 

16 (3) in subsection (c)(2), by striking ‘‘Director 

17 of the Bureau of Citizenship and Immigration Serv18 ices’’ and inserting ‘‘Director, U.S. Citizenship and 

19 Immigration Services, the Assistant Secretary, U.S. 

20 Immigration and Customs Enforcement, the Com21 missioner, U.S. Customs and Border Protection’’; 

22 (4) in subsections (d)(4) and (f), by striking 

23 ‘‘Director of the Bureau of Citizenship and Immi24 gration Services’’ each place such term appears and 

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1 tion Services, the Assistant Secretary, U.S. Immi2 gration and Customs Enforcement, and the Commis3 sioner, U.S. Customs and Border Protection’’; 

4 (5) in subsection (f), by striking ‘‘director’’ 

5 each place such term appears and inserting ‘‘offi6 cial’’; and 

7 (6) by striking ‘‘the Bureau of Citizenship and 

8 Immigration Services’’ each place it appears and in9 serting ‘‘U.S. Citizenship and Immigration Services, 

10 U.S. Immigration and Customs Enforcement, or 

11 U.S. Customs and Border Protection’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 in section 1 of the Homeland Security Act (6 U.S.C. 101 

14 et seq.) is amended by striking the item relating to section 

15 452 and inserting the following: 

‘‘Sec. 452. Department of Homeland Security Immigration Ombudsman.’’. 

16 SEC. 1115. REPORTS. 

17 (a) REPORT ON CERTAIN BORDER MATTERS.—The 

18 Secretary shall submit a report to the Committee on 

19 Homeland Security and Governmental Affairs of the Sen20 ate and the Committee on Homeland Security of the 

21 House of Representatives that sets forth— 

22 (1) the effectiveness rate (as defined in section 

23 2(a)(4)) for each Border Patrol sector along the 

24 Northern border and the Southern border; 


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1 (2) the number of miles along the Southern 

2 border that is under persistent surveillance; 

3 (3) the monthly wait times per passenger, in4 cluding data on averages and peaks, for crossing the 

5 Southern border, and the staffing of such border 

6 crossings; and 

7 (4) the allocations at each port of entry along 

8 the Southern border. 

9 (b) REPORT ON INTERAGENCY COLLABORATION.— 

10 The Under Secretary of Defense for Acquisition, Tech11 nology, and Logistics and the Under Secretary of Home12 land Security for Science and Technology shall jointly sub13 mit a report on the results of the interagency collaboration 

14 under section 1109 to— 

15 (1) the Committee on Armed Services of the 

16 Senate; 

17 (2) the Committee on Homeland Security and 

18 Governmental Affairs of the Senate; 

19 (3) the Committee on Armed Services of the 

20 House of Representatives; and 

21 (4) the Committee on Homeland Security of the 

22 House of Representatives. 

23 SEC. 1116. SEVERABILITY. 

24 If any provision of this Act or any amendment made 

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1 ment to any person or circumstance, is held to be uncon2 stitutional, the remainder of the provisions of this Act and 

3 the amendments made by this Act and the application of 

4 the provision or amendment to any other person or cir5 cumstance shall not be affected. 

6 TITLE II—IMMIGRANT VISAS 

7 Subtitle A—Registration and Ad8 justment of Registered Provi9 sional Immigrants 

10 SEC. 2101. REGISTERED PROVISIONAL IMMIGRANT STATUS. 

11 (a) AUTHORIZATION.—Chapter 5 of title II (8 U.S.C. 

12 1255 et seq.) is amended by inserting after section 245A 

13 the following: 

14 ‘‘SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE EN15 TRANTS BEFORE DECEMBER 31, 2011, TO 

16 THAT OF REGISTERED PROVISIONAL IMMI17 GRANT. 

18 ‘‘(a) IN GENERAL.—Notwithstanding any other pro19 vision of law, the Secretary of Homeland Security (re20 ferred to in this section as the ‘Secretary’), after con21 ducting the national security and law enforcement clear22 ances required under subsection (c)(8), may grant reg23 istered provisional immigrant status to an alien who— 

24 ‘‘(1) meets the eligibility requirements set forth 

25 in subsection (b); 


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1 ‘‘(2) submits a completed application before the 

2 end of the period set forth in subsection (c)(3); and 

3 ‘‘(3) has paid the fee required under subsection 

4 (c)(10)(A) and the penalty required under sub5 section (c)(10)(C), if applicable. 

6 ‘‘(b) ELIGIBILITY REQUIREMENTS.— 

7 ‘‘(1) IN GENERAL.—An alien is not eligible for 

8 registered provisional immigrant status unless the 

9 alien establishes, by a preponderance of the evidence, 

10 that the alien meets the requirements set forth in 

11 this subsection. 

12 ‘‘(2) PHYSICAL PRESENCE.— 

13 ‘‘(A) IN GENERAL.—The alien— 

14 ‘‘(i) shall be physically present in the 

15 United States on the date on which the 

16 alien submits an application for registered 

17 provisional immigrant status; 

18 ‘‘(ii) shall have been physically 

19 present in the United States on or before 

20 December 31, 2011; and 

21 ‘‘(iii) shall have maintained contin22 uous physical presence in the United 

23 States from December 31, 2011, until the 

24 date on which the alien is granted status 


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1 as a registered provisional immigrant 

2 under this section. 

3 ‘‘(B) BREAK IN PHYSICAL PRESENCE.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), an alien who is absent 

6 from the United States without authoriza7 tion after the date of the enactment of this 

8 section does not meet the continuous phys9 ical presence requirement set forth in sub10 paragraph (A)(iii). 

11 ‘‘(ii) EXCEPTION.—An alien who de12 parted from the United States after De13 cember 31, 2011 will not be considered to 

14 have failed to maintain continuous pres15 ence in the United States if the alien’s ab16 sences from the United States are brief, 

17 casual, and innocent whether or not such 

18 absences were authorized by the Secretary. 

19 ‘‘(3) GROUNDS FOR INELIGIBILITY.— 

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

21 subparagraph (B), an alien is ineligible for reg22 istered provisional immigrant status if the Sec23 retary determines that the alien— 

24 ‘‘(i) has a conviction for— 


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1 ‘‘(I) an offense classified as a fel2 ony in the convicting jurisdiction 

3 (other than a State or local offense 

4 for which an essential element was the 

5 alien’s immigration status or a viola6 tion of this Act); 

7 ‘‘(II) an aggravated felony (as 

8 defined in section 101(a)(43) at the 

9 time of the conviction); 

10 ‘‘(III) 3 or more misdemeanor of11 fenses (other than minor traffic of12 fenses or State or local offenses for 

13 which an essential element was the 

14 alien’s immigration status or a viola15 tion of this Act) if the alien was con16 victed on different dates for each of 

17 the 3 offenses; 

18 ‘‘(IV) any offense under foreign 

19 law, except for a purely political of20 fense, which, if the offense had been 

21 committed in the United States, 

22 would render the alien inadmissible 

23 under section 212(a) (excluding the 

24 paragraphs set forth in clause (ii)) or 

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1 cept as provided in paragraph (3) of 

2 section 237(a); 

3 ‘‘(V) unlawful voting (as defined 

4 in section 237(a)(6)); 

5 ‘‘(ii) is admissible under section 

6 212(a), except that in determining an 

7 alien’s admissibility— 

8 ‘‘(I) paragraphs (4), (5), (7), and 

9 (9)(B) of section 212(a) shall not 

10 apply; 

11 ‘‘(II) subparagraphs (A), (C), 

12 (D), (F), and (G) of section 212(a)(6) 

13 and paragraphs (9)(C) and (10)(B) of 

14 section 212(a) shall not apply unless 

15 based on the act of unlawfully enter16 ing the United States after the date 

17 of the enactment of the Border Secu18 rity, Economic Opportunity, and Im19 migration Modernization Act; and 

20 ‘‘(III) paragraphs (6)(B) and 

21 (9)(A) of section 212(a) shall not 

22 apply unless the relevant conduct 

23 began on or after the date on which 

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1 istered provisional immigrant status 

2 under this section; 

3 ‘‘(iii) the Secretary knows or has rea4 sonable grounds to believe, is engaged in or 

5 is likely to engage after entry in any ter6 rorist activity (as defined in section 

7 212(a)(3)(B)(iv)); or 

8 ‘‘(iv) was, on the date on which this 

9 Act was introduced in the Senate— 

10 ‘‘(I) an alien lawfully admitted 

11 for permanent residence; 

12 ‘‘(II) an alien admitted as a ref13 ugee under section 207 or granted 

14 asylum under section 208; or 

15 ‘‘(III) an alien who, according to 

16 the records of the Secretary or the 

17 Secretary of State, is lawfully present 

18 in the United States in any non19 immigrant status (other than an alien 

20 considered to be a nonimmigrant sole21 ly due to the application of section 

22 244(f)(4) or the amendment made by 

23 section 702 of the Consolidated Nat24 ural Resources Act of 2008 (Public 

25 Law 110–229)), notwithstanding any 


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1 unauthorized employment or other 

2 violation of nonimmigrant status. 

3 ‘‘(B) WAIVER.— 

4 ‘‘(i) IN GENERAL.—The Secretary 

5 may waive the application of subparagraph 

6 (A)(i)(III) or any provision of section 

7 212(a) that is not listed in clause (ii) on 

8 behalf of an alien for humanitarian pur9 poses, to ensure family unity, or if such a 

10 waiver is otherwise in the public interest. 

11 Any discretionary authority to waive 

12 grounds of inadmissibility under section 

13 212(a) conferred under any other provision 

14 of this Act shall apply equally to aliens 

15 seeking registered provisional status under 

16 this section. 

17 ‘‘(ii) EXCEPTIONS.—The discretionary 

18 authority under clause (i) may not be used 

19 to waive— 

20 ‘‘(I) subparagraph (B), (C), 

21 (D)(ii), (E), (G), (H), or (I) of section 

22 212(a)(2); 

23 ‘‘(II) section 212(a)(3); 

24 ‘‘(III) subparagraph (A), (C), 

25 (D), or (E) of section 212(a)(10); or 


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1 ‘‘(IV) with respect to misrepre2 sentations relating to the application 

3 for registered provisional immigrant 

4 status, section 212(a)(6)(C)(i). 

5 ‘‘(C) CONVICTION EXPLAINED.—For pur6 poses of this paragraph, the term ‘conviction’ 

7 does not include a judgment that has been ex8 punged, set aside, or the equivalent. 

9 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

10 in this paragraph may be construed to require 

11 the Secretary to commence removal proceedings 

12 against an alien. 

13 ‘‘(4) APPLICABILITY OF OTHER PROVISIONS.— 

14 Sections 208(d)(6) and 240B(d) shall not apply to 

15 any alien filing an application for registered provi16 sional immigrant status under this section. 

17 ‘‘(5) DEPENDENT SPOUSE AND CHILDREN.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding any 

19 other provision of law, the Secretary shall clas20 sify the spouse or child of a registered provi21 sional immigrant as a registered provisional im22 migrant dependent if the spouse or child— 

23 ‘‘(i) is physically present in the 

24 United States— 


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1 ‘‘(I) on the date on which the 

2 registered provisional immigrant is 

3 granted such status; and 

4 ‘‘(II) on or before December 30, 

5 2012; 

6 ‘‘(ii) meets all of the eligibility re7 quirements set forth in this subsection, 

8 other than the requirements of clause (ii) 

9 or (iii) of paragraph (2). 

10 ‘‘(B) EFFECT OF TERMINATION OF LEGAL

11 RELATIONSHIP.—If the spousal or parental re12 lationship between an alien who is granted reg13 istered provisional immigrant status under this 

14 section and the alien’s child is terminated, the 

15 spouse or child may apply for classification as 

16 a registered provisional immigrant dependent if 

17 the termination of the relationship with such 

18 parent was due to death, divorce, or otherwise 

19 connected to domestic violence, notwithstanding 

20 subsection (c)(3). 

21 ‘‘(C) EFFECT OF DISQUALIFICATION OF

22 PARENT.—If the application of a spouse or par23 ent for registered provisional immigrant status 

24 is terminated or revoked, the husband, wife, or 

25 child of that spouse or parent shall be eligible 


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1 to apply for registered provisional immigrant 

2 status independent of the parent notwith3 standing subsection (c)(3). 

4 ‘‘(c) APPLICATION PROCEDURES.— 

5 ‘‘(1) IN GENERAL.—An alien, or the dependent 

6 spouse or child of such alien, who meets the eligi7 bility requirements set forth in subsection (b) may 

8 apply for status as a registered provisional immi9 grant or a registered provisional immigrant depend10 ent, as applicable, by submitting a completed appli11 cation form to the Secretary during the application 

12 period set forth in paragraph (3), in accordance with 

13 the final rule promulgated by the Secretary under 

14 the Border Security, Economic Opportunity, and 

15 Immigration Modernization Act. An applicant for 

16 registered provisional immigrant status shall be 

17 treated as an applicant for admission. 

18 ‘‘(2) PAYMENT OF TAXES.— 

19 ‘‘(A) IN GENERAL.—An alien may not file 

20 an application for registered provisional immi21 grant status under paragraph (1) unless the ap22 plicant has satisfied any applicable Federal tax 

23 liability. 

24 ‘‘(B) DEFINITION OF APPLICABLE FED25 ERAL TAX LIABILITY.—In this paragraph, the 


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1 term ‘applicable Federal tax liability’ means all 

2 Federal income taxes assessed in accordance 

3 with section 6203 of the Internal Revenue Code 

4 of 1986. 

5 ‘‘(C) DEMONSTRATION OF COMPLIANCE.— 

6 An applicant may demonstrate compliance with 

7 this paragraph by submitting appropriate docu8 mentation, in accordance with regulations pro9 mulgated by the Secretary, in consultation with 

10 the Secretary of the Treasury. 

11 ‘‘(3) APPLICATION PERIOD.— 

12 ‘‘(A) INITIAL PERIOD.—Except as provided 

13 in subparagraph (B), the Secretary may only 

14 accept applications for registered provisional 

15 immigrant status from aliens in the United 

16 States during the 1-year period beginning on 

17 the date on which the final rule is published in 

18 the Federal Register pursuant to paragraph 

19 (1). 

20 ‘‘(B) EXTENSION.—If the Secretary deter21 mines, during the initial period described in 

22 subparagraph (A), that additional time is re23 quired to process applications for registered 

24 provisional immigrant status or for other good 

25 cause, the Secretary may extend the period for 


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1 accepting applications for such status for an 

2 additional 18 months. 

3 ‘‘(4) APPLICATION FORM.— 

4 ‘‘(A) REQUIRED INFORMATION.—The ap5 plication form referred to in paragraph (1) shall 

6 collect such information as the Secretary deter7 mines necessary and appropriate. 

8 ‘‘(B) FAMILY APPLICATION.—The Sec9 retary shall establish a process through which 

10 an alien may submit a single application under 

11 this section on behalf of the alien, his or her 

12 spouse, and his or her children, who are resid13 ing in the United States. 

14 ‘‘(C) INTERVIEW.—The Secretary may 

15 interview applicants for registered provisional 

16 immigrant status under this section to deter17 mine whether they meet the eligibility require18 ments set forth in subsection (b). 

19 ‘‘(5) ALIENS APPREHENDED BEFORE OR DUR20 ING THE APPLICATION PERIOD.—If an alien who is 

21 apprehended during the period beginning on the 

22 date of the enactment of the Border Security, Eco23 nomic Opportunity, and Immigration Modernization 

24 Act and the end of the application period described 

25 in paragraph (3) appears prima facie eligible for 


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1 registered provisional immigrant status, to the satis2 faction of the Secretary, the Secretary— 

3 ‘‘(A) shall provide the alien with a reason4 able opportunity to file an application under 

5 this section during such application period; and 

6 ‘‘(B) may not remove the individual until 

7 a final administrative determination is made on 

8 the application. 

9 ‘‘(6) ELIGIBILITY AFTER DEPARTURE.— 

10 ‘‘(A) IN GENERAL.—An alien who departed 

11 from the United States while subject to an 

12 order of exclusion, deportation, or removal, or 

13 pursuant to an order of voluntary departure 

14 and who is outside of the United States, or who 

15 has reentered the United States illegally after 

16 December 31, 2011 without receiving the Sec17 retary’s consent to reapply for admission under 

18 section 212(a)(9), shall not be eligible to file an 

19 application for registered provisional immigrant 

20 status. 

21 ‘‘(B) WAIVER.—The Secretary, in the Sec22 retary’s sole and unreviewable discretion, may 

23 waive the application of subparagraph (A) on 

24 behalf of an alien if the alien— 


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1 ‘‘(i) is the spouse or child of a United 

2 States citizen or lawful permanent resi3 dent; 

4 ‘‘(ii) is the parent of a child who is a 

5 United States citizen or lawful permanent 

6 resident; 

7 ‘‘(iii) meets the requirements set forth 

8 in clause (ii) and (iii) of section 

9 245D(b)(1)(A); or 

10 ‘‘(iv) meets the requirements set forth 

11 in section 245D(b)(1)(A)(ii), is 16 years or 

12 older on the date on which the alien ap13 plies for registered provisional immigrant 

14 status, and was physically present in the 

15 United States for an aggregate period of 

16 not less than 3 years during the 6-year pe17 riod immediately preceding the date of the 

18 enactment of the Border Security, Eco19 nomic Opportunity, and Immigration Mod20 ernization Act. 

21 ‘‘(C) ELIGIBILITY.—Notwithstanding sub22 section (b)(2), section 241(a)(5), or a prior 

23 order of exclusion, deportation, or removal, an 

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1 grant status may file an application for such 

2 status. 

3 ‘‘(7) SUSPENSION OF REMOVAL DURING APPLI4 CATION PERIOD.— 

5 ‘‘(A) PROTECTION FROM DETENTION OR

6 REMOVAL.—A registered provisional immigrant 

7 may not be detained by the Secretary or re8 moved from the United States, unless— 

9 ‘‘(i) the Secretary determines that— 

10 ‘‘(I) such alien is, or has become, 

11 ineligible for registered provisional im12 migrant status under subsection 

13 (b)(3); or 

14 ‘‘(II) the alien’s registered provi15 sional immigrant status has been re16 voked under subsection (d)(2). 

17 ‘‘(B) ALIENS IN REMOVAL PRO18 CEEDINGS.—Notwithstanding any other provi19 sion of this Act— 

20 ‘‘(i) if the Secretary determines that 

21 an alien, during the period beginning on 

22 the date of the enactment of this section 

23 and ending on the last day of the applica24 tion period described in paragraph (3), is 

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1 ceedings before the Executive Office for 

2 Immigration Review and is prima facie eli3 gible for registered provisional immigrant 

4 status under this section— 

5 ‘‘(I) the Secretary shall provide 

6 the alien with the opportunity to file 

7 an application for such status; and 

8 ‘‘(II) upon motion by the Sec9 retary and with the consent of the 

10 alien or upon motion by the alien, the 

11 Executive Office for Immigration Re12 view shall— 

13 ‘‘(aa) terminate such pro14 ceedings without prejudice to fu15 ture proceedings on any basis; 

16 and 

17 ‘‘(bb) provide the alien a 

18 reasonable opportunity to apply 

19 for such status; and 

20 ‘‘(ii) if the Executive Office for Immi21 gration Review determines that an alien, 

22 during the application period described in 

23 paragraph (3), is in removal, deportation, 

24 or exclusion proceedings before the Execu25 tive Office for Immigration Review and is 


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1 prima facie eligible for registered provi2 sional immigrant status under this sec3 tion— 

4 ‘‘(I) the Executive Office of Im5 migration Review shall notify the Sec6 retary of such determination; and 

7 ‘‘(II) if the Secretary does not 

8 dispute the determination of prima 

9 facie eligibility within 7 days after 

10 such notification, the Executive Office 

11 for Immigration Review, upon consent 

12 of the alien, shall— 

13 ‘‘(aa) terminate such pro14 ceedings without prejudice to fu15 ture proceedings on any basis; 

16 and 

17 ‘‘(bb) permit the alien a rea18 sonable opportunity to apply for 

19 such status. 

20 ‘‘(C) TREATMENT OF CERTAIN ALIENS.— 

21 ‘‘(i) IN GENERAL.—If an alien who 

22 meets the eligibility requirements set forth 

23 in subsection (b) is present in the United 

24 States and has been ordered excluded, de25 ported, or removed, or ordered to depart 


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1 voluntarily from the United States under 

2 any provision of this Act— 

3 ‘‘(I) notwithstanding such order 

4 or section 241(a)(5), the alien may 

5 apply for registered provisional immi6 grant status under this section; and 

7 ‘‘(II) if the alien is granted such 

8 status, the alien shall file a motion to 

9 reopen the exclusion, deportation, re10 moval, or voluntary departure order, 

11 which motion shall be granted unless 

12 1 or more of the grounds of ineligi13 bility is established by clear and con14 vincing evidence. 

15 ‘‘(ii) LIMITATIONS ON MOTIONS TO

16 REOPEN.—The limitations on motions to 

17 reopen set forth in section 240(c)(7) shall 

18 not apply to motions filed under clause 

19 (i)(II). 

20 ‘‘(D) PERIOD PENDING ADJUDICATION OF

21 APPLICATION.— 

22 ‘‘(i) IN GENERAL.—During the period 

23 beginning on the date on which an alien 

24 applies for registered provisional immi25 grant status under paragraph (1) and the 


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1 date on which the Secretary makes a final 

2 decision regarding such application, the 

3 alien— 

4 ‘‘(I) may receive advance parole 

5 to reenter the United States if urgent 

6 humanitarian circumstances compel 

7 such travel; 

8 ‘‘(II) may not be detained by the 

9 Secretary or removed from the United 

10 States unless the Secretary makes a 

11 prima facie determination that such 

12 alien is, or has become, ineligible for 

13 registered provisional immigrant sta14 tus under subsection (b)(3); 

15 ‘‘(III) shall not be considered un16 lawfully present for purposes of sec17 tion 212(a)(9)(B); and 

18 ‘‘(IV) shall not be considered an 

19 unauthorized alien (as defined in sec20 tion 274A(h)(3)). 

21 ‘‘(ii) EVIDENCE OF APPLICATION FIL22 ING.—As soon as practicable after receiv23 ing each application for registered provi24 sional immigrant status, the Secretary 

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1 ment acknowledging the receipt of such ap2 plication. 

3 ‘‘(iii) CONTINUING EMPLOYMENT.— 

4 An employer who knows that an alien em5 ployee is an applicant for registered provi6 sional immigrant status or will apply for 

7 such status once the application period 

8 commences is not in violation of section 

9 274A(a)(2) if the employer continues to 

10 employ the alien pending the adjudication 

11 of the alien employee’s application. 

12 ‘‘(iv) EFFECT OF DEPARTURE.—Sec13 tion 101(g) shall not apply to an alien 

14 granted— 

15 ‘‘(I) advance parole under clause 

16 (i)(I) to reenter the United States; or 

17 ‘‘(II) registered provisional immi18 grant status. 

19 ‘‘(8) SECURITY AND LAW ENFORCEMENT

20 CLEARANCES.— 

21 ‘‘(A) BIOMETRIC AND BIOGRAPHIC

22 DATA.—The Secretary may not grant registered 

23 provisional immigrant status to an alien or an 

24 alien dependent spouse or child under this sec25 tion unless such alien submits biometric and 


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1 biographic data in accordance with procedures 

2 established by the Secretary. 

3 ‘‘(B) ALTERNATIVE PROCEDURES.—The 

4 Secretary shall provide an alternative procedure 

5 for applicants who cannot provide the standard 

6 biometric data required under subparagraph 

7 (A) because of a physical impairment. 

8 ‘‘(C) CLEARANCES.— 

9 ‘‘(i) DATA COLLECTION.—The Sec10 retary shall collect, from each alien apply11 ing for status under this section, biometric, 

12 biographic, and other data that the Sec13 retary determines to be appropriate— 

14 ‘‘(I) to conduct national security 

15 and law enforcement clearances; and 

16 ‘‘(II) to determine whether there 

17 are any national security or law en18 forcement factors that would render 

19 an alien ineligible for such status. 

20 ‘‘(ii) PREREQUISITE.—The required 

21 clearances described in clause (i)(I) shall 

22 be completed before the alien may be 

23 granted registered provisional immigrant 

24 status. 

25 ‘‘(9) DURATION OF STATUS AND EXTENSION.— 


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1 ‘‘(A) IN GENERAL.—The initial period of 

2 authorized admission for a registered provi3 sional immigrant— 

4 ‘‘(i) shall remain valid for 6 years un5 less revoked pursuant to subsection (d)(2); 

6 and 

7 ‘‘(ii) may be extended for additional 

8 6-year terms if— 

9 ‘‘(I) the alien remains eligible for 

10 registered provisional immigrant sta11 tus; 

12 ‘‘(II) the alien meets the employ13 ment requirements set forth in sub14 paragraph (B); and 

15 ‘‘(III) such status was not re16 voked by the Secretary for any reason. 

17 ‘‘(B) EMPLOYMENT OR EDUCATION RE18 QUIREMENT.—Except as provided in subpara19 graphs (D) and (E) of section 245C(b)(3), an 

20 alien may not be granted an extension of reg21 istered provisional immigrant status under this 

22 paragraph unless the alien establishes that, 

23 during the alien’s period of status as a reg24 istered provisional immigrant, the alien— 


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1 ‘‘(i)(I) was regularly employed 

2 throughout the period of admission as a 

3 registered provisional immigrant, allowing 

4 for brief periods lasting not more than 60 

5 days; and 

6 ‘‘(II) is not likely to become a public 

7 charge (as determined under section 

8 212(a)(4)); or 

9 ‘‘(ii) is able to demonstrate average 

10 income or resources that are not less than 

11 100 percent of the Federal poverty level 

12 throughout the period of admission as a 

13 registered provisional immigrant. 

14 ‘‘(C) PAYMENT OF TAXES.—An applicant 

15 may not be granted an extension of registered 

16 provisional immigrant status under subpara17 graph (A)(ii) unless the applicant has satisfied 

18 any applicable Federal tax liability in accord19 ance with paragraph (2). 

20 ‘‘(10) FEES AND PENALTIES.— 

21 ‘‘(A) STANDARD PROCESSING FEE.— 

22 ‘‘(i) IN GENERAL.—Aliens who are 16 

23 years of age or older and are applying for 

24 registered provisional immigrant status 

25 under paragraph (1), or for an extension 


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1 of such status under paragraph (9)(A)(ii), 

2 shall pay a processing fee to the Depart3 ment of Homeland Security in an amount 

4 determined by the Secretary. 

5 ‘‘(ii) RECOVERY OF COSTS.—The 

6 processing fee authorized under clause (i) 

7 shall be set at a level that is sufficient to 

8 recover the full costs of processing the ap9 plication, including any costs incurred— 

10 ‘‘(I) to adjudicate the application; 

11 ‘‘(II) to take and process bio12 metrics; 

13 ‘‘(III) to perform national secu14 rity and criminal checks, including ad15 judication; 

16 ‘‘(IV) to prevent and investigate 

17 fraud; and 

18 ‘‘(V) to administer the collection 

19 of such fee. 

20 ‘‘(iii) AUTHORITY TO LIMIT FEES.— 

21 The Secretary, by regulation, may— 

22 ‘‘(I) limit the maximum proc23 essing fee payable under this subpara24 graph by a family, including spouses 


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1 and unmarried children younger than 

2 21 years of age; and 

3 ‘‘(II) exempt defined classes of 

4 individuals, including individuals de5 scribed in section 245B(c)(13), from 

6 the payment of the fee authorized 

7 under clause (i). 

8 ‘‘(B) DEPOSIT AND USE OF PROCESSING

9 FEES.—Fees collected under subparagraph 

10 (A)(i)— 

11 ‘‘(i) shall be deposited into the Com12 prehensive Immigration Reform Trust 

13 Fund established under section 6(a)(1) of 

14 the Border Security, Economic Oppor15 tunity, and Immigration Modernization 

16 Act; and 

17 ‘‘(ii) may be used for the purposes set 

18 forth in section 6(a)(3)(B) of such Act. 

19 ‘‘(C) PENALTY.— 

20 ‘‘(i) PAYMENT.—In addition to the 

21 processing fee required under subpara22 graph (A), aliens not described in section 

23 245D who are 21 years of age or older and 

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1 section shall pay a $1,000 penalty to the 

2 Department of Homeland Security. 

3 ‘‘(ii) INSTALLMENTS.—The Secretary 

4 shall establish a process for collecting pay5 ments required under clause (i) that— 

6 ‘‘(I) requires the alien to pay 

7 $500 in conjunction with the submis8 sion of an application under this sub9 section for registered provisional im10 migrant status; and 

11 ‘‘(II) allows the remaining $500 

12 to be paid in periodic installments 

13 that shall be completed before the 

14 alien may be granted an extension of 

15 status under paragraph (9)(A)(ii). 

16 ‘‘(iii) DEPOSIT.—Penalties collected 

17 pursuant to this subparagraph shall be de18 posited into the Comprehensive Immigra19 tion Reform Trust Fund established under 

20 section 6(a)(1) of the Border Security, 

21 Economic Opportunity, and Immigration 

22 Modernization Act. 

23 ‘‘(11) ADJUDICATION.— 

24 ‘‘(A) FAILURE TO SUBMIT SUFFICIENT

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1 cation submitted by an alien who fails to sub2 mit— 

3 ‘‘(i) requested initial evidence, includ4 ing requested biometric data; or 

5 ‘‘(ii) any requested additional evidence 

6 by the date required by the Secretary. 

7 ‘‘(B) AMENDED APPLICATION.—An alien 

8 whose application for registered provisional im9 migrant status is denied under subparagraph 

10 (A) may file an amended application for such 

11 status to the Secretary if the amended applica12 tion— 

13 ‘‘(i) is filed within the application pe14 riod described in paragraph (3); and 

15 ‘‘(ii) contains all the required informa16 tion and fees that were missing from the 

17 initial application. 

18 ‘‘(12) EVIDENCE OF REGISTERED PROVISIONAL

19 IMMIGRANT STATUS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 issue documentary evidence of registered provi22 sional immigrant status to each alien whose ap23 plication for such status has been approved. 


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1 ‘‘(B) DOCUMENTATION FEATURES.—Docu2 mentary evidence provided under subparagraph 

3 (A)— 

4 ‘‘(i) shall be machine-readable and 

5 tamper-resistant, and shall contain a 

6 digitized photograph; 

7 ‘‘(ii) shall, during the alien’s author8 ized period of admission, and any exten9 sion of such authorized admission, serve as 

10 a valid travel and entry document for the 

11 purpose of applying for admission to the 

12 United States; 

13 ‘‘(iii) may be accepted during the pe14 riod of its validity by an employer as evi15 dence of employment authorization and 

16 identity under section 274A(b)(1)(B); 

17 ‘‘(iv) shall indicate that the alien is 

18 authorized to work in the United States 

19 for up to 3 years; and 

20 ‘‘(v) shall include such other features 

21 and information as may be prescribed by 

22 the Secretary. 

23 ‘‘(13) DACA RECIPIENTS.—Unless the Secretary 

24 determines that an alien who was granted Deferred 

25 Action for Childhood Arrivals (referred to in this 


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1 paragraph as ‘DACA’) pursuant to the Secretary’s 

2 memorandum of June 15, 2012, has engaged in con3 duct since the alien was granted DACA that would 

4 make the alien ineligible for registered provisional 

5 immigrant status, the Secretary may grant such sta6 tus to the alien if renewed national security and law 

7 enforcement clearances have been completed on be8 half of the alien. 

9 ‘‘(d) TERMS AND CONDITIONS OF REGISTERED PRO10 VISIONAL IMMIGRANT STATUS.— 

11 ‘‘(1) CONDITIONS OF REGISTERED PROVISIONAL

12 IMMIGRANT STATUS.— 

13 ‘‘(A) EMPLOYMENT.—Notwithstanding any 

14 other provision of law, including section 

15 241(a)(7), a registered provisional immigrant 

16 shall be authorized to be employed in the 

17 United States while in such status. 

18 ‘‘(B) TRAVEL OUTSIDE THE UNITED

19 STATES.—A registered provisional immigrant 

20 may travel outside of the United States and 

21 may be admitted, if otherwise admissible, upon 

22 returning to the United States without having 

23 to obtain a visa if— 

24 ‘‘(i) the alien is in possession of— 


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1 ‘‘(I) valid, unexpired documen2 tary evidence of registered provisional 

3 immigrant status that complies with 

4 subsection (c)(12); or 

5 ‘‘(II) a travel document, duly ap6 proved by the Secretary, that was 

7 issued to the alien after the alien’s 

8 original documentary evidence was 

9 lost, stolen, or destroyed; 

10 ‘‘(ii) the alien’s absence from the 

11 United States did not exceed 180 days, un12 less the alien’s failure to timely return was 

13 due to extenuating circumstances beyond 

14 the alien’s control; 

15 ‘‘(iii) the alien meets the requirements 

16 for an extension as described in subclauses 

17 (I) and (III) of paragraph (9)(A); and 

18 ‘‘(iv) the alien establishes that the 

19 alien is not inadmissible under subpara20 graph (A)(i), (A)(iii), (B), or (C) of section 

21 212(a)(3). 

22 ‘‘(C) ADMISSION.—An alien granted reg23 istered provisional immigrant status under this 

24 section shall be considered to have been admit25 ted and lawfully present in the United States in 


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1 such status as of the date on which the alien’s 

2 application was filed. 

3 ‘‘(D) CLARIFICATION OF STATUS.—An 

4 alien granted registered provisional immigrant 

5 status— 

6 ‘‘(i) is lawfully admitted to the United 

7 States; and 

8 ‘‘(ii) may not be classified as a non9 immigrant or as an alien who has been 

10 lawfully admitted for permanent residence. 

11 ‘‘(2) REVOCATION.— 

12 ‘‘(A) IN GENERAL.—The Secretary may re13 voke the status of a registered provisional immi14 grant at any time after providing appropriate 

15 notice to the alien, and after the exhaustion or 

16 waiver of all applicable administrative review 

17 procedures under section 245E(c), if the 

18 alien— 

19 ‘‘(i) no longer meets the eligibility re20 quirements set forth in subsection (b); 

21 ‘‘(ii) knowingly used documentation 

22 issued under this section for an unlawful 

23 or fraudulent purpose; or 

24 ‘‘(iii) was absent from the United 

25 States— 


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1 ‘‘(I) for any single period longer 

2 than 180 days in violation of the re3 quirements set forth in paragraph 

4 (1)(B)(ii); or 

5 ‘‘(II) for more than 180 days in 

6 the aggregate during any calendar 

7 year, unless the alien’s failure to time8 ly return was due to extenuating cir9 cumstances beyond the alien’s control. 

10 ‘‘(B) ADDITIONAL EVIDENCE.—In deter11 mining whether to revoke an alien’s status 

12 under subparagraph (A), the Secretary may re13 quire the alien— 

14 ‘‘(i) to submit additional evidence; or 

15 ‘‘(ii) to appear for an interview. 

16 ‘‘(C) INVALIDATION OF DOCUMENTA17 TION.—If an alien’s registered provisional im18 migrant status is revoked under subparagraph 

19 (A), any documentation issued by the Secretary 

20 to such alien under subsection (c)(12) shall 

21 automatically be rendered invalid for any pur22 pose except for departure from the United 

23 States. 

24 ‘‘(3) INELIGIBILITY FOR PUBLIC BENEFITS.— 

25 An alien who has been granted registered provisional 


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1 immigrant status under this section is not eligible 

2 for any Federal means-tested public benefit (as such 

3 term is defined in section 403 of the Personal Re4 sponsibility and Work Opportunity Reconciliation 

5 Act of 1996 (8 U.S.C. 1613)). 

6 ‘‘(4) TREATMENT OF REGISTERED PROVISIONAL

7 IMMIGRANTS.—A noncitizen granted registered pro8 visional immigrant status under this section shall be 

9 considered lawfully present in the United States for 

10 all purposes while such noncitizen remains in such 

11 status, except that the noncitizen— 

12 ‘‘(A) is not entitled to the premium assist13 ance tax credit authorized under section 36B of 

14 the Internal Revenue Code of 1986; 

15 ‘‘(B) shall be subject to the rules applica16 ble to individuals not lawfully present that are 

17 set forth in subsection (e) of such section; and 

18 ‘‘(C) shall be subject to the rules applicable 

19 to individuals not lawfully present that are set 

20 forth in section 1402(e) of the Patient Protec21 tion and Affordable Care Act (42 U.S.C. 

22 18071). 

23 ‘‘(5) ASSIGNMENT OF SOCIAL SECURITY NUM24 BER.— 


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1 ‘‘(A) IN GENERAL.—The Commissioner of 

2 Social Security, in coordination with the Sec3 retary, shall implement a system to allow for 

4 the assignment of a Social Security number and 

5 the issuance of a Social Security card to each 

6 alien who has been granted registered provi7 sional immigrant status under this section. 

8 ‘‘(B) USE OF INFORMATION.—The Sec9 retary shall provide the Commissioner of Social 

10 Security with information from the applications 

11 filed by aliens granted registered provisional im12 migrant status under this section and such 

13 other information as the Commissioner deter14 mines to be necessary to assign a Social Secu15 rity account number to such aliens. The Com16 missioner may use information received from 

17 the Secretary under this subparagraph to as18 sign Social Security account numbers to such 

19 aliens and to administer the programs of the 

20 Social Security Administration. The Commis21 sioner may maintain, use, and disclose such in22 formation only as permitted under section 552a 

23 of title 5, United States Code (commonly known 

24 as the Privacy Act of 1974) and other applica25 ble Federal laws. 


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1 ‘‘(e) DISSEMINATION OF INFORMATION ON REG2 ISTERED PROVISIONAL IMMIGRANT PROGRAM.—As soon 

3 as practicable after the date of the enactment of the Bor4 der Security, Economic Opportunity, and Immigration 

5 Modernization Act, the Secretary, in cooperation with en6 tities approved by the Secretary, and in accordance with 

7 a plan adopted by the Secretary, shall broadly dissemi8 nate, in the most common languages spoken by aliens who 

9 would qualify for registered provisional immigrant status 

10 under this section, to television, radio, print, and social 

11 media to which such aliens would likely have access— 

12 ‘‘(1) the procedures for applying for such sta13 tus; 

14 ‘‘(2) the terms and conditions of such status; 

15 and 

16 ‘‘(3) the eligibility requirements for such sta17 tus.’’. 

18 (b) ENLISTMENT IN THE ARMED FORCES.—Section 

19 504(b)(1) of title 10, United States Code, is amended by 

20 adding at the end the following: 

21 ‘‘(D) An alien who has been granted registered 

22 provisional immigrant status under section 245B of 

23 the Immigration and Nationality Act.’’. 


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1 SEC. 2102. ADJUSTMENT OF STATUS OF REGISTERED PRO2 VISIONAL IMMIGRANTS. 

3 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

4 1255 et seq.) is amended by inserting after section 245B, 

5 as added by section 2101 of this title, the following: 

6 ‘‘SEC. 245C. ADJUSTMENT OF STATUS OF REGISTERED PRO7 VISIONAL IMMIGRANTS. 

8 ‘‘(a) IN GENERAL.—Subject to section 245E(d) and 

9 section 2302(c)(3) of the Border Security, Economic Op10 portunity, and Immigration Modernization Act, the Sec11 retary of Homeland Security (referred to in this section 

12 as the ‘Secretary’) may adjust the status of a registered 

13 provisional immigrant to that of an alien lawfully admitted 

14 for permanent residence if the registered provisional immi15 grant satisfies the eligibility requirements set forth in sub16 section (b). 

17 ‘‘(b) ELIGIBILITY REQUIREMENTS.— 

18 ‘‘(1) REGISTERED PROVISIONAL IMMIGRANT

19 STATUS.— 

20 ‘‘(A) IN GENERAL.—The alien was granted 

21 registered provisional immigrant status under 

22 section 245B and remains eligible for such sta23 tus. 

24 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 

25 The alien establishes, to the satisfaction of the 

26 Secretary, that the alien was not continuously 


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1 absent from the United States for more than 

2 180 days in any calendar year during the pe3 riod of admission as a registered provisional im4 migrant, unless the alien’s absence was due to 

5 extenuating circumstances beyond the alien’s 

6 control. 

7 ‘‘(C) MAINTENANCE OF WAIVERS OF AD8 MISSIBILITY.—The grounds of inadmissibility 

9 set forth in section 212(a) that were previously 

10 waived for the alien or made inapplicable under 

11 section 245B(b) shall not apply for purposes of 

12 the alien’s adjustment of status under this sec13 tion. 

14 ‘‘(D) PENDING REVOCATION PRO15 CEEDINGS.—If the Secretary has notified the 

16 applicant that the Secretary intends to revoke 

17 the applicant’s registered provisional immigrant 

18 status under section 245B(d)(2)(A), the Sec19 retary may not approve an application for ad20 justment of status under this section unless the 

21 Secretary makes a final determination not to 

22 revoke the applicant’s status. 

23 ‘‘(2) PAYMENT OF TAXES.— 

24 ‘‘(A) IN GENERAL.—An applicant may not 

25 file an application for adjustment of status 


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1 under this section unless the applicant has sat2 isfied any applicable Federal tax liability. 

3 ‘‘(B) DEFINITION OF APPLICABLE FED4 ERAL TAX LIABILITY.—In subparagraph (A), 

5 the term ‘applicable Federal tax liability’ means 

6 all assessed Federal income taxes since the date 

7 on which the applicant was authorized to work 

8 in the United States as a registered provisional 

9 immigrant under section 245B(a). 

10 ‘‘(C) COMPLIANCE.—The applicant may 

11 demonstrate compliance with subparagraph (A) 

12 by submitting such documentation as the Sec13 retary, in consultation with the Secretary of the 

14 Treasury, may require by regulation. 

15 ‘‘(3) EMPLOYMENT OR EDUCATION REQUIRE16 MENT.— 

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

18 subparagraphs (D) and (E), an alien applying 

19 for adjustment of status under this section shall 

20 establish that, during his or her period of status 

21 as a registered provisional immigrant, he or 

22 she— 

23 ‘‘(i)(I) was regularly employed 

24 throughout the period of admission as a 

25 registered provisional immigrant, allowing 


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1 for brief periods lasting not more than 60 

2 days; and 

3 ‘‘(II) is not likely to become a public 

4 charge (as determined under section 

5 212(a)(4)); or 

6 ‘‘(ii) can demonstrate average income 

7 or resources that are not less than 125 

8 percent of the Federal poverty level 

9 throughout the period of admission as a 

10 registered provisional immigrant. 

11 ‘‘(B) EVIDENCE OF EMPLOYMENT.— 

12 ‘‘(i) DOCUMENTS.—An alien may sat13 isfy the employment requirement under 

14 subparagraph (A)(i) by submitting, to the 

15 Secretary, records that— 

16 ‘‘(I) establish, by the preponder17 ance of the evidence, compliance with 

18 such employment requirement; and 

19 ‘‘(II) have been maintained by 

20 the Social Security Administration, 

21 the Internal Revenue Service, or any 

22 other Federal, State, or local govern23 ment agency. 

24 ‘‘(ii) OTHER DOCUMENTS.—An alien 

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1 scribed in clause (i) may satisfy the em2 ployment or education requirement under 

3 subparagraph (A) by submitting to the 

4 Secretary at least 2 types of reliable docu5 ments not described in clause (i) that pro6 vide evidence of employment or education, 

7 including— 

8 ‘‘(I) bank records; 

9 ‘‘(II) business records; 

10 ‘‘(III) employer records; 

11 ‘‘(IV) records of a labor union, 

12 day labor center, or organization that 

13 assists workers in employment; 

14 ‘‘(V) sworn affidavits from non15 relatives who have direct knowledge of 

16 the alien’s work or education, that 

17 contain— 

18 ‘‘(aa) the name, address, 

19 and telephone number of the affi20 ant; 

21 ‘‘(bb) the nature and dura22 tion of the relationship between 

23 the affiant and the alien; and 

24 ‘‘(cc) other verification or 

25 information; 


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1 ‘‘(VI) remittance records; and 

2 ‘‘(VII) school records from insti3 tutions described in subparagraph 

4 (D). 

5 ‘‘(iii) ADDITIONAL DOCUMENTS AND

6 RESTRICTIONS.—The Secretary may— 

7 ‘‘(I) designate additional docu8 ments that may be used to establish 

9 compliance with the requirement 

10 under subparagraph (A); and 

11 ‘‘(II) set such terms and condi12 tions on the use of affidavits as may 

13 be necessary to verify and confirm the 

14 identity of any affiant or to otherwise 

15 prevent fraudulent submissions. 

16 ‘‘(C) SATISFACTION OF EMPLOYMENT RE17 QUIREMENT.—An alien may not be required to 

18 satisfy the employment requirements under this 

19 section with a single employer. 

20 ‘‘(D) EDUCATION PERMITTED.—An alien 

21 may satisfy the requirement under subpara22 graph (A), in whole or in part, by providing evi23 dence of full-time attendance at— 

24 ‘‘(i) an institution of higher education 

25 (as defined in section 102(a) of the Higher 


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1 Education Act of 1965 (20 U.S.C. 

2 1002(a))); 

3 ‘‘(ii) a secondary school (as defined in 

4 section 9101 of the Elementary and Sec5 ondary Education Act of 1965 (20 U.S.C. 

6 7801)); 

7 ‘‘(iii) an education, literacy, or career 

8 training program (including vocational 

9 training) that is designed to lead to place10 ment in postsecondary education, job train11 ing, or employment through which the 

12 alien is working toward such placement; or 

13 ‘‘(iv) an education program assisting 

14 students either in obtaining a regular high 

15 school diploma or its recognized equivalent 

16 under state law (including a certificate of 

17 completion, certificate of attendance, or al18 ternate award), or in passing a General 

19 Educational Development exam or other 

20 equivalent State-authorized exam. 

21 ‘‘(E) AUTHORIZATION OF EXCEPTIONS

22 AND WAIVERS.— 

23 ‘‘(i) EXCEPTIONS BASED ON AGE OR

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1 cation requirements under this paragraph 

2 shall not apply to any alien who — 

3 ‘‘(I) is younger than 21 years of 

4 age on the date on which the alien 

5 files an application for the first exten6 sion of the initial period of authorized 

7 admission as a registered provisional 

8 immigrant; 

9 ‘‘(II) is at least 60 years of age 

10 on the date on which the alien files an 

11 application described in subclause (II) 

12 or at least 65 years of age on the date 

13 on which the alien’s status is adjusted 

14 under this section; or 

15 ‘‘(III) has a physical or mental 

16 disability (as defined in section 3(2) 

17 of the Americans with Disabilities Act 

18 of 1990 (42 U.S.C. 12102(2))) or as 

19 a result of pregnancy if such condition 

20 is evidenced by the submission of doc21 umentation prescribed by the Sec22 retary. 

23 ‘‘(ii) FAMILY EXCEPTIONS.—The em24 ployment and education requirements 

25 under this paragraph shall not apply to 


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1 any alien who is a dependent registered 

2 provisional immigrant under subsection 

3 (b)(5). 

4 ‘‘(iii) TEMPORARY EXCEPTIONS.—The 

5 employment and education requirements 

6 under this paragraph shall not apply dur7 ing any period during which the alien— 

8 ‘‘(I) was on medical leave, mater9 nity leave, or other employment leave 

10 authorized by Federal law, State law, 

11 or the policy of the employer; 

12 ‘‘(II) is or was the primary care13 taker of a child or another person who 

14 requires supervision or is unable to 

15 care for himself or herself; or 

16 ‘‘(III) was unable to work due to 

17 circumstances outside the control of 

18 the alien. 

19 ‘‘(iv) WAIVER.—The Secretary may 

20 waive the employment or education re21 quirements under this paragraph with re22 spect to any individual alien who dem23 onstrates extreme hardship to himself or 

24 herself or to a spouse, parent, or child who 


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1 is a United States citizen or lawful perma2 nent resident. 

3 ‘‘(4) ENGLISH SKILLS.— 

4 ‘‘(A) IN GENERAL.—Except as provided 

5 under subparagraph (C), a registered provi6 sional immigrant who is 16 years of age or 

7 older shall establish that he or she— 

8 ‘‘(i) meets the requirements set forth 

9 in section 312; or 

10 ‘‘(ii) is satisfactorily pursuing a 

11 course of study, pursuant to standards es12 tablished by the Secretary of Education, in 

13 consultation with the Secretary, to achieve 

14 an understanding of English and knowl15 edge and understanding of the history and 

16 Government of the United States, as de17 scribed in section 312(a). 

18 ‘‘(B) RELATION TO NATURALIZATION EX19 AMINATION.—A registered provisional immi20 grant who demonstrates that he or she meets 

21 the requirements set forth in section 312 may 

22 be considered to have satisfied such require23 ments for purposes of becoming naturalized as 

24 a citizen of the United States. 

25 ‘‘(C) EXCEPTIONS.— 


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1 ‘‘(i) MANDATORY.—Subparagraph (A) 

2 shall not apply to any person who is unable 

3 to comply with the requirements under 

4 that subparagraph because of a physical or 

5 developmental disability or mental impair6 ment. 

7 ‘‘(ii) DISCRETIONARY.—The Secretary 

8 may waive all or part of subparagraph (A) 

9 for a registered provisional immigrant who 

10 is 70 years of age or older on the date on 

11 which an application is filed for adjust12 ment of status under this section. 

13 ‘‘(5) MILITARY SELECTIVE SERVICE.—The alien 

14 shall provide proof of registration under the Military 

15 Selective Service Act (50 U.S.C. App. 451 et seq.) 

16 if the alien is subject to such registration. 

17 ‘‘(c) APPLICATION PROCEDURES.— 

18 ‘‘(1) IN GENERAL.—Beginning on the date de19 scribed in paragraph (2), a registered provisional im20 migrant, or a registered provisional immigrant de21 pendent, who meets the eligibility requirements set 

22 forth in subsection (b) may apply for adjustment of 

23 status to that of an alien lawfully admitted for per24 manent residence by submitting an application to 

25 the Secretary that includes the evidence required, by 


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1 regulation, to demonstrate the applicant’s eligibility 

2 for such adjustment. 

3 ‘‘(2) BACK OF THE LINE.—The status of a reg4 istered provisional immigrant may not be adjusted to 

5 that of an alien lawfully admitted for permanent res6 idence under this section until after the Secretary of 

7 State certifies that immigrant visas have become 

8 available for all approved petitions for immigrant 

9 visas that were filed under sections 201 and 203 be10 fore the date of the enactment of the Border Secu11 rity, Economic Opportunity, and Immigration Mod12 ernization Act. 

13 ‘‘(3) INTERVIEW.—The Secretary may interview 

14 applicants for adjustment of status under this sec15 tion to determine whether they meet the eligibility 

16 requirements set forth in subsection (b). 

17 ‘‘(4) SECURITY AND LAW ENFORCEMENT

18 CLEARANCES.—The Secretary may not adjust the 

19 status of a registered provisional immigrant under 

20 this section until renewed national security and law 

21 enforcement clearances have been completed with re22 spect to the registered provisional immigrant, to the 

23 satisfaction of the Secretary. 

24 ‘‘(5) FEES AND PENALTIES.— 

25 ‘‘(A) PROCESSING FEES.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 shall impose a processing fee on applicants 

3 for adjustment of status under this section 

4 at a level sufficient to recover the full cost 

5 of processing such applications, including 

6 costs associated with— 

7 ‘‘(I) adjudicating the applica8 tions; 

9 ‘‘(II) taking and processing bio10 metrics; 

11 ‘‘(III) performing national secu12 rity and criminal checks, including ad13 judication; 

14 ‘‘(IV) preventing and inves15 tigating fraud; and 

16 ‘‘(V) the administration of the 

17 fees collected. 

18 ‘‘(ii) AUTHORITY TO LIMIT FEES.— 

19 The Secretary, by regulation, may— 

20 ‘‘(I) limit the maximum proc21 essing fee payable under this subpara22 graph by a family, including spouses 

23 and children; and 


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1 ‘‘(II) exempt other defined class2 es of individuals from the payment of 

3 the fee authorized under clause (i). 

4 ‘‘(iii) DEPOSIT AND USE OF FEES.— 

5 Fees collected under this subparagraph— 

6 ‘‘(I) shall be deposited into the 

7 Comprehensive Immigration Reform 

8 Trust Fund established under section 

9 6(a)(1) of the Border Security, Eco10 nomic Opportunity, and Immigration 

11 Modernization Act; and 

12 ‘‘(II) may be used for the pur13 poses set forth in section 6(a)(3)(B) 

14 of such Act. 

15 ‘‘(B) PENALTIES.— 

16 ‘‘(i) IN GENERAL.—In addition to the 

17 processing fee required under subpara18 graph (A) and the penalty required under 

19 section 245B(c)(6)(D), an alien who was 

20 21 years of age or older on the date on 

21 which the Border Security, Economic Op22 portunity, and Immigration Modernization 

23 Act was originally introduced in the Senate 

24 and is filing an application for adjustment 

25 of status under this section shall pay a 


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1 $1,000 penalty to the Secretary unless the 

2 alien meets the requirements under section 

3 245D(b). 

4 ‘‘(ii) INSTALLMENTS.—The Secretary 

5 shall establish a process for collecting pay6 ments required under clause (i) through 

7 periodic installments. 

8 ‘‘(iii) DEPOSIT, ALLOCATION, AND

9 SPENDING OF PENALTIES.—Penalties col10 lected under this subparagraph— 

11 ‘‘(I) shall be deposited into the 

12 Comprehensive Immigration Trust 

13 Fund established under section 

14 6(a)(1) of the Border Security, Eco15 nomic Opportunity, and Immigration 

16 Modernization Act; and 

17 ‘‘(II) may be used for the pur18 poses set forth in section 6(a)(3)(B) 

19 of such Act.’’. 

20 (b) LIMITATION ON REGISTERED PROVISIONAL IMMI21 GRANTS.—An alien admitted as a registered provisional 

22 immigrant may only adjust status to an alien lawfully ad23 mitted for permanent resident status under section 2302 

24 of this Act. 


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1 (c) NATURALIZATION.—Section 319 (8 U.S.C. 1430) 

2 is amended— 

3 (1) in the section heading, by striking ‘‘AND

4 EMPLOYEES OF CERTAIN NONPROFIT ORGANI5 ZATIONS’’ and inserting ‘‘, EMPLOYEES OF CER6 TAIN NONPROFIT ORGANIZATIONS, AND OTHER

7 LONG-TERM LAWFUL RESIDENTS’’; and 

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

9 ‘‘(f) Any lawful permanent resident who was lawfully 

10 present in the United States and eligible for work author11 ization for not less than 10 years before becoming a lawful 

12 permanent resident may be naturalized upon compliance 

13 with all the requirements under this title except the provi14 sions of section 316(a)(1) if such person, immediately pre15 ceding the date on which the person filed an application 

16 for naturalization— 

17 ‘‘(1) has resided continuously within the United 

18 States, after being lawfully admitted for permanent 

19 residence, for at least 3 years; 

20 ‘‘(2) during the 3-year period immediately pre21 ceding such filing date, has been physically present 

22 in the United States for periods totaling at least 50 

23 percent of such period; and 

24 ‘‘(3) has resided within the State or in the ju25 risdiction of the U.S. Citizenship and Immigration 


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1 Services field office in the United States in which 

2 the applicant filed such application for at least 3 

3 months.’’. 

4 SEC. 2103. THE DREAM ACT. 

5 (a) SHORT TITLE.—This section may be cited as the 

6 ‘‘Development, Relief, and Education for Alien Minors Act 

7 of 2013’’ or the ‘‘DREAM Act 2013’’. 

8 (b) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

9 WHO ENTERED THE UNITED STATES AS CHILDREN.— 

10 Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended 

11 by inserting after section 245C, as added by section 2102 

12 of this title, the following: 

13 ‘‘SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS 

14 WHO ENTERED THE UNITED STATES AS CHIL15 DREN. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.— 

18 The term ‘institution of higher education’ has the 

19 meaning given such term in section 102 of the High20 er Education Act of 1965 (20 U.S.C. 1002), except 

21 that the term does not include institutions described 

22 in subsection (a)(1)(C) of such section. 

23 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

24 the Secretary of Homeland Security. 


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1 ‘‘(3) UNIFORMED SERVICES.—The term ‘Uni2 formed Services’ has the meaning given the term 

3 ‘uniformed services’ in section 101(a)(5) of title 10, 

4 United States Code. 

5 ‘‘(b) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

6 WHO ENTERED THE UNITED STATES AS CHILDREN.— 

7 ‘‘(1) REQUIREMENTS.— 

8 ‘‘(A) IN GENERAL.—The Secretary of 

9 Homeland Security may adjust the status of a 

10 registered provisional immigrant to the status 

11 of a lawful permanent resident if the immigrant 

12 demonstrates that he or she— 

13 ‘‘(i) has been a registered provisional 

14 immigrant for at least 5 years; 

15 ‘‘(ii) was younger than 16 years of 

16 age on the date on which the alien initially 

17 entered the United States; 

18 ‘‘(iii) has earned a high school di19 ploma or obtained a general education de20 velopment certificate in the United States; 

21 ‘‘(iv)(I) has acquired a degree from an 

22 institution of higher education or has com23 pleted at least 2 years, in good standing, 

24 in a program for a bachelor’s degree or 

25 higher degree in the United States; or 


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1 ‘‘(II) has served in the Uniformed 

2 Services for at least 4 years and, if dis3 charged, received an honorable discharge; 

4 and 

5 ‘‘(v) has provided a list of each sec6 ondary school (as that term is defined in 

7 section 9101 of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 

9 7801)) that the alien attended in the 

10 United States. 

11 ‘‘(B) HARDSHIP EXCEPTION.— 

12 ‘‘(i) IN GENERAL.—The Secretary 

13 may adjust the status of a registered provi14 sional immigrant to the status of a lawful 

15 permanent resident if the alien— 

16 ‘‘(I) satisfies the requirements 

17 under clauses (i), (ii), (iii), and (v) of 

18 subparagraph (A); and 

19 ‘‘(II) demonstrates compelling 

20 circumstances for the inability to sat21 isfy the requirement under subpara22 graph (A)(iv). 

23 ‘‘(C) CITIZENSHIP REQUIREMENT.— 

24 ‘‘(i) IN GENERAL.—Except as pro25 vided in clause (ii), the Secretary may not 


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1 adjust the status of an alien to lawful per2 manent resident status under this section 

3 unless the alien demonstrates that the 

4 alien satisfies the requirements of section 

5 312(a) of the Immigration and Nationality 

6 Act (8 U.S.C. 1423(a)). 

7 ‘‘(ii) EXCEPTION.—Clause (i) shall 

8 not apply to an alien whose physical or de9 velopmental disability or mental impair10 ment prevents the alien from meeting the 

11 requirements such section. 

12 ‘‘(D) SUBMISSION OF BIOMETRIC AND BIO13 GRAPHIC DATA.—The Secretary may not adjust 

14 the status of an alien to lawful permanent resi15 dent status unless the alien— 

16 ‘‘(i) submits biometric and biographic 

17 data, in accordance with procedures estab18 lished by the Secretary; or 

19 ‘‘(ii) complies with an alternative pro20 cedure prescribed by the Secretary, if the 

21 alien is unable to provide such biometric 

22 data because of a physical impairment. 

23 ‘‘(E) BACKGROUND CHECKS.— 

24 ‘‘(i) REQUIREMENT FOR BACKGROUND

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1 metric, biographic, and other data that the 

2 Secretary determines appropriate— 

3 ‘‘(I) to conduct security and law 

4 enforcement background checks of an 

5 alien applying for lawful permanent 

6 resident status under this section; and 

7 ‘‘(II) to determine whether there 

8 is any criminal, national security, or 

9 other factor that would render the 

10 alien ineligible for such status. 

11 ‘‘(ii) COMPLETION OF BACKGROUND

12 CHECKS.—The Secretary may not adjust 

13 an alien’s status to the status of a lawful 

14 permanent resident under this subsection 

15 until the security and law enforcement 

16 background checks required under clause 

17 (i) have been completed with respect to the 

18 alien, to the satisfaction of the Secretary. 

19 ‘‘(2) APPLICATION FOR LAWFUL PERMANENT

20 RESIDENT STATUS.— 

21 ‘‘(A) IN GENERAL.—A registered provi22 sional immigrant seeking lawful permanent resi23 dent status shall file an application for such 

24 status in such manner as the Secretary of 

25 Homeland Security may require. 


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1 ‘‘(B) ADJUDICATION.— 

2 ‘‘(i) IN GENERAL.—The Secretary 

3 shall evaluate each application filed by a 

4 registered provisional immigrant under this 

5 paragraph to determine whether the alien 

6 meets the requirements under paragraph 

7 (1). 

8 ‘‘(ii) ADJUSTMENT OF STATUS IF FA9 VORABLE DETERMINATION.—If the Sec10 retary determines that the alien meets the 

11 requirements under paragraph (1), the 

12 Secretary shall notify the alien of such de13 termination and adjust the status of the 

14 alien to lawful permanent resident status, 

15 effective as of the date of such determina16 tion. 

17 ‘‘(iii) ADVERSE DETERMINATION.—If 

18 the Secretary determines that the alien 

19 does not meet the requirements under 

20 paragraph (1), the Secretary shall notify 

21 the alien of such determination. 

22 ‘‘(C) DACA RECIPIENTS.—The Secretary 

23 may adopt streamlined procedures for appli24 cants for adjustment to lawful permanent resi25 dent status under this section who were granted 


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1 Deferred Action for Childhood Arrivals (re2 ferred to in this paragraph as ‘DACA’) pursu3 ant to the Secretary’s memorandum of June 

4 15, 2012. 

5 ‘‘(3) TREATMENT FOR PURPOSES OF NATU6 RALIZATION.— 

7 ‘‘(A) IN GENERAL.—An alien granted law8 ful permanent resident status under this sub9 section shall be considered, for purposes of title 

10 III— 

11 ‘‘(i) to have been lawfully admitted for 

12 permanent residence; and 

13 ‘‘(ii) to have been in the United 

14 States as an alien lawfully admitted to the 

15 United States for permanent residence 

16 during the period the alien was a reg17 istered provisional immigrant. 

18 ‘‘(B) LIMITATION ON APPLICATION FOR

19 NATURALIZATION.—An alien may not apply for 

20 naturalization while the alien is a registered 

21 provisional immigrant..’’. 

22 (c) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

23 Section 201(b) (8 U.S.C. 1151(b)(1)) is amended— 

24 (1) by redesignating subparagraph (E) as sub25 paragraph (F); and 


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1 (2) by inserting after subparagraph (D) the fol2 lowing: 

3 ‘‘(E) Aliens whose status is adjusted to perma4 nent resident status under section 245C or 245D.’’. 

5 (d) RESTORATION OF STATE OPTION TO DETER6 MINE RESIDENCY FOR PURPOSES OF HIGHER EDU7 CATION.— 

8 (1) REPEAL.—Section 505 of the Illegal Immi9 gration Reform and Immigrant Responsibility Act of 

10 1996 (8 U.S.C. 1623) is repealed. 

11 (2) EFFECTIVE DATE.—The repeal under para12 graph (1) shall take effect as if included in the origi13 nal enactment of the Illegal Immigration Reform 

14 and Immigrant Responsibility Act of 1996 (division 

15 C of Public Law 104–208). 

16 SEC. 2104. ADDITIONAL REQUIREMENTS. 

17 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

18 1255 et seq.) is amended by inserting after section 245C, 

19 as added by section 2102 of this title, the following: 

20 ‘‘SEC. 245E. ADDITIONAL REQUIREMENTS RELATING TO 

21 REGISTERED PROVISIONAL IMMIGRANTS 

22 AND OTHERS. 

23 ‘‘(a) DISCLOSURES.— 


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1 ‘‘(1) PROHIBITED DISCLOSURES.—Except as 

2 otherwise provided in this subsection, no officer or 

3 employee of any Federal agency may— 

4 ‘‘(A) use the information furnished in an 

5 application for lawful status under section 

6 245B, 245C, or 245D for any purpose other 

7 than to make a determination on any applica8 tion by the alien for any immigration benefit or 

9 protection; 

10 ‘‘(B) make any publication through which 

11 information furnished by any particular appli12 cant can be identified; or 

13 ‘‘(C) permit anyone other than the sworn 

14 officers, employees, and contractors of such 

15 agency or of another entity approved by the 

16 Secretary of Homeland Security to examine in17 dividual applications that have been filed under 

18 either such section. 

19 ‘‘(2) REQUIRED DISCLOSURES.—The Secretary 

20 shall provide the information furnished in an appli21 cation filed under section 245B, 245C, or 245D and 

22 any other information derived from such furnished 

23 information to— 

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1 nent of the Department of Homeland Security, 

2 court, or grand jury if such information is re3 quested by such entity, consistent with law, in 

4 connection with— 

5 ‘‘(i) a criminal investigation or pros6 ecution of any matter not related to the 

7 applicant’s immigration status; or 

8 ‘‘(ii) a national security investigation 

9 or prosecution; and 

10 ‘‘(B) an official coroner for purposes of af11 firmatively identifying a deceased individual, 

12 whether or not the death of such individual re13 sulted from a crime. 

14 ‘‘(3) AUDITING AND EVALUATION OF INFORMA15 TION.—The Secretary may— 

16 ‘‘(A) audit and evaluate information fur17 nished as part of any application filed under 

18 section 245B, 245C, or 245D for purposes of 

19 identifying immigration fraud or fraud schemes; 

20 and 

21 ‘‘(B) use any evidence detected by means 

22 of audits and evaluations for purposes of inves23 tigating, prosecuting, referring for prosecution, 

24 or denying or terminating immigration benefits. 

25 ‘‘(b) EMPLOYER PROTECTIONS.— 


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1 ‘‘(1) USE OF EMPLOYMENT RECORDS.—Copies 

2 of employment records or other evidence of employ3 ment provided by an alien or by an alien’s employer 

4 in support of an alien’s application for registered 

5 provisional immigrant status under section 245B 

6 may not be used in a civil or criminal prosecution 

7 or investigation of that employer under section 274A 

8 or the Internal Revenue Code of 1986 for the prior 

9 unlawful employment of that alien regardless of the 

10 adjudication of such application or reconsideration 

11 by the Secretary of Homeland Security of such 

12 alien’s prima facie eligibility determination. Employ13 ers that provide unauthorized aliens with copies of 

14 employment records or other evidence of employment 

15 pursuant to an application for registered provisional 

16 immigrant status shall not be subject to civil and 

17 criminal liability pursuant to section 274A for em18 ploying such unauthorized aliens. 

19 ‘‘(2) LIMIT ON APPLICABILITY.—The protec20 tions for employers and aliens under paragraph (1) 

21 shall not apply if the aliens or employers submit em22 ployment records that are deemed to be fraudulent. 

23 ‘‘(c) ADMINISTRATIVE REVIEW.— 

24 ‘‘(1) EXCLUSIVE ADMINISTRATIVE REVIEW.— 

25 Administrative review of a determination respecting 


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1 an application for status under section 245B, 245C, 

2 or 245D shall be conducted solely in accordance with 

3 this subsection. 

4 ‘‘(2) ADMINISTRATIVE APPELLATE REVIEW.— 

5 ‘‘(A) ESTABLISHMENT OF ADMINISTRA6 TIVE APPELLATE AUTHORITY.—The Secretary 

7 of Homeland Security shall establish or des8 ignate an appellate authority to provide for a 

9 single level of administrative appellate review of 

10 a determination with respect to applications for, 

11 or revocation of, status under sections 245B, 

12 245C, and 245D. 

13 ‘‘(B) SINGLE APPEAL FOR EACH ADMINIS14 TRATIVE DECISION.— 

15 ‘‘(i) IN GENERAL.—An alien in the 

16 United States whose application for status 

17 under section 245B, 245C, or 245D has 

18 been denied or revoked may file with the 

19 Secretary not more than 1 appeal of each 

20 decision to deny or revoke such status. 

21 ‘‘(ii) NOTICE OF APPEAL.—A notice of 

22 appeal filed under this subparagraph shall 

23 be filed not later than 90 days after the 

24 date of service of the decision of denial or 


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1 revocation, unless the delay was reasonably 

2 justifiable. 

3 ‘‘(C) REVIEW BY SECRETARY.—Nothing in 

4 this paragraph may be construed to limit the 

5 authority of the Secretary to certify appeals for 

6 review and final administrative decision. 

7 ‘‘(D) DENIAL OF PETITIONS FOR DEPEND8 ENTS.—Appeals of a decision to deny or revoke 

9 a petition filed by a registered provisional immi10 grant pursuant to regulations promulgated 

11 under section 245B to classify a spouse or child 

12 of such alien as a registered provisional immi13 grant shall be subject to the administrative ap14 pellate authority described in subparagraph (A). 

15 ‘‘(E) STAY OF REMOVAL.—Aliens seeking 

16 administrative review shall not be removed from 

17 the United States until a final decision is ren18 dered establishing ineligibility for status under 

19 section 245B, 245C, or 245D. 

20 ‘‘(3) RECORD FOR REVIEW.—Administrative ap21 pellate review under paragraph (2) shall be de novo 

22 and based solely upon— 

23 ‘‘(A) the administrative record established 

24 at the time of the determination on the applica25 tion; and 


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1 ‘‘(B) any additional newly discovered or 

2 previously unavailable evidence. 

3 ‘‘(4) UNLAWFUL PRESENCE.—During the pe4 riod in which an alien may request administrative 

5 review under this subsection, and during the period 

6 that any such review is pending, the alien shall not 

7 be considered ‘unlawfully present in the United 

8 States’ for purposes of section 212(a)(9)(B). 

9 ‘‘(d) PRIVACY AND CIVIL LIBERTIES.— 

10 ‘‘(1) IN GENERAL.—The Secretary, in accord11 ance with subsection (a)(1), shall require appro12 priate administrative and physical safeguards to pro13 tect the security, confidentiality, and integrity of 

14 personally identifiable information collected, main15 tained, and disseminated pursuant to sections 245B, 

16 245C, and 245D. 

17 ‘‘(2) ASSESSMENTS.—Notwithstanding the pri18 vacy requirements set forth in section 222 of the 

19 Homeland Security Act (6 U.S.C. 142) and the E20 Government Act of 2002 (Public Law 107–347), the 

21 Secretary shall conduct a privacy impact assessment 

22 and a civil liberties impact assessment of the legal23 ization program established under sections 245B, 

24 245C, and 245D during the pendency of the interim 

25 final regulations required to be issued under section 


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1 2110 of the Border Security, Economic Opportunity, 

2 and Immigration Modernization Act.’’. 

3 (b) JUDICIAL REVIEW.—Section 242 (8 U.S.C. 1252) 

4 is amended— 

5 (1) in subsection (a)(2)— 

6 (A) in subparagraph (B), by inserting ‘‘the 

7 exercise of discretion arising under’’ after ‘‘no 

8 court shall have jurisdiction to review’’; 

9 (B) in subparagraph (D), by striking 

10 ‘‘raised upon a petition for review filed with an 

11 appropriate court of appeals in accordance with 

12 this section’’; 

13 (2) in subsection (b)(2), by inserting ‘‘or, in the 

14 case of a decision rendered under section 245E(c), 

15 in the judicial circuit in which the petitioner resides’’ 

16 after ‘‘proceedings’’; and 

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

18 ‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA19 TIONS RELATING TO STATUS UNDER CHAPTER 5.— 

20 ‘‘(1) DIRECT REVIEW.—If an alien’s application 

21 under section 245B, 245C, or 245D is denied, or is 

22 revoked after the exhaustion of administrative appel23 late review under section 245E(c), the alien may 

24 seek review of such decision, in accordance with 

25 chapter 7 of title 5, United States Code, before the 


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1 United States district court for the district in which 

2 the person resides. 

3 ‘‘(2) STATUS DURING REVIEW.—While a review 

4 described in paragraph (1) is pending— 

5 ‘‘(A) the alien shall not be deemed to ac6 crue unlawful presence for purposes of section 

7 212(a)(9); 

8 ‘‘(B) any unexpired grant of voluntary de9 parture under section 240B shall be tolled; and 

10 ‘‘(C) the court shall have the discretion to 

11 stay the execution of any order of exclusion, de12 portation, or removal. 

13 ‘‘(3) REVIEW AFTER REMOVAL PRO14 CEEDINGS.—An alien may seek judicial review of a 

15 denial or revocation of approval of the alien’s appli16 cation under section 245B, 245C, or 245D in the 

17 appropriate United States court of appeal in con18 junction with the judicial review of an order of re19 moval, deportation, or exclusion if the validity of the 

20 denial has not been upheld in a prior judicial pro21 ceeding under paragraph (1). 

22 ‘‘(4) STANDARD FOR JUDICIAL REVIEW.— 

23 ‘‘(A) BASIS.—Judicial review of a denial, 

24 or revocation of an approval, of an application 

25 under section 245B, 245C, or 245D shall be 


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1 based upon the administrative record estab2 lished at the time of the review. 

3 ‘‘(B) AUTHORITY TO REMAND.—The re4 viewing court may remand a case under this 

5 subsection to the Secretary of Homeland Secu6 rity for consideration of additional evidence if 

7 the court finds that— 

8 ‘‘(i) the additional evidence is mate9 rial; and 

10 ‘‘(ii) there were reasonable grounds 

11 for failure to adduce the additional evi12 dence before the Secretary. 

13 ‘‘(C) SCOPE OF REVIEW.—Notwithstanding 

14 any other provision of law, judicial review of all 

15 questions arising from a denial, or revocation of 

16 an approval, of an application under section 

17 245B, 245C, or 245D shall be governed by the 

18 standard of review set forth in section 706 of 

19 title 5, United States Code. 

20 ‘‘(5) REMEDIAL POWERS.— 

21 ‘‘(A) JURISDICTION.—Notwithstanding any 

22 other provision of law, the United States dis23 trict courts shall have jurisdiction over any 

24 cause or claim arising from a pattern or prac25 tice of the Secretary of Homeland Security in 


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1 the operation or implementation of the Border 

2 Security, Economic Opportunity, and Immigra3 tion Modernization Act, or the amendments 

4 made by such Act, that is arbitrary, capricious, 

5 or otherwise contrary to law. 

6 ‘‘(B) SCOPE OF RELIEF.—The United 

7 States district courts may order any appro8 priate relief in a clause or claim described in 

9 subparagraph (A) without regard to exhaustion, 

10 ripeness, or other standing requirements (other 

11 than constitutionally-mandated requirements), 

12 if the court determines that— 

13 ‘‘(i) the resolution of such cause or 

14 claim will serve judicial and administrative 

15 efficiency; or 

16 ‘‘(ii) a remedy would otherwise not be 

17 reasonably available or practicable. 

18 ‘‘(6) CHALLENGES TO THE VALIDITY OF THE

19 SYSTEM.— 

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

21 paragraph (5), any claim that section 245B, 

22 245C, 245D, or 245E or any regulation, writ23 ten policy, or written directive, issued or un24 written policy or practice initiated by or under 

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1 curity to implement such sections, violates the 

2 Constitution of the United States or is other3 wise in violation of law is available exclusively 

4 in an action instituted in United States District 

5 Court in accordance with the procedures pre6 scribed in this paragraph. 

7 ‘‘(B) SAVINGS PROVISION.—Except as pro8 vided in subparagraph (C), nothing in subpara9 graph (A) may be construed to preclude an ap10 plicant under 245B, 245C, or 245D from as11 serting that an action taken or a decision made 

12 by the Secretary with respect to the applicant’s 

13 status was contrary to law. 

14 ‘‘(C) CLASS ACTIONS.—Any claim de15 scribed in subparagraph (A) that is brought as 

16 a class action shall be brought in conformity 

17 with— 

18 ‘‘(i) the Class Action Fairness Act of 

19 2005 (Public Law 109–2); and 

20 ‘‘(ii) the Federal Rules of Civil Proce21 dure. 

22 ‘‘(D) PRECLUSIVE EFFECT.—The final dis23 position of any claim brought under subpara24 graph (A) shall be preclusive of any such claim 


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1 asserted by the same individual in a subsequent 

2 proceeding under this subsection. 

3 ‘‘(E) EXHAUSTION AND STAY OF PRO4 CEEDINGS.— 

5 ‘‘(i) IN GENERAL.—No claim brought 

6 under this paragraph shall require the 

7 plaintiff to exhaust administrative rem8 edies under section 245E(c). 

9 ‘‘(ii) STAY AUTHORIZED.—Nothing in 

10 this paragraph may be construed to pre11 vent the court from staying proceedings 

12 under this paragraph to permit the Sec13 retary to evaluate an allegation of an un14 written policy or practice or to take correc15 tive action. In determining whether to 

16 issue such a stay, the court shall take into 

17 account any harm the stay may cause to 

18 the claimant.’’. 

19 (c) RULE OF CONSTRUCTION.—Section 244(h) shall 

20 not limit the authority of the Secretary to adjust the sta21 tus of an alien under section 245C or 245D of the Immi22 gration and Nationality Act, as added by this subtitle. 

23 (d) EFFECT OF FAILURE TO REGISTER ON ELIGI24 BILITY FOR IMMIGRATION BENEFITS.—Failure to comply 

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1 tions or with removal orders or voluntary departure agree2 ments based on such section for acts committed before the 

3 date of the enactment of this Act shall not affect the eligi4 bility of an alien to apply for a benefit under the Immigra5 tion and Nationality Act (8 U.S.C. 1101 et seq.). 

6 (e) CLERICAL AMENDMENT.—The table of contents 

7 is amended by inserting after the item relating to section 

8 245A the following: 

‘‘Sec. 245B. Adjustment of status of eligible entrants before December 31, 

2011, to that of registered provisional immigrant. 

‘‘Sec. 245C. Adjustment of status of registered provisional immigrants. 

‘‘Sec. 245D. Adjustment of status for certain aliens who entered the United 

States as children. 

‘‘Sec. 245E. Additional requirements relating to registered provisional immigrants and others.’’. 

9 SEC. 2105. CRIMINAL PENALTY. 

10 (a) IN GENERAL.—Chapter 69 of title 18, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 1430. Improper use of information relating to reg14 istered provisional immigrant applica15 tions 

16 ‘‘Any person who knowingly uses, publishes, or per17 mits information described in section 245E(a) of the Im18 migration and Nationality Act to be examined in violation 

19 of such section shall be fined not more than $10,000.’’. 

20 (b) DEPOSIT OF FINES.—All criminal penalties col21 lected under section 1430 of title 18, United States Code, 

22 as added by subsection (a), shall be deposited into the 


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1 Comprehensive Immigration Reform Trust Fund estab2 lished under section 6(a)(1). 

3 (c) CLERICAL AMENDMENT.—The table of sections 

4 in chapter 69 of title 18, United States Code, is amended 

5 by adding at the end the following: 

‘‘1430. Improper use of information relating to registered provisional immigrant 

applications.’’. 

6 SEC. 2106. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI7 CANTS. 

8 (a) ESTABLISHMENT.—The Secretary may establish, 

9 within U.S. Citizenship and Immigration Services, a pro10 gram to award grants, on a competitive basis, to eligible 

11 public or private nonprofit organizations that will use the 

12 funding to assist eligible applicants under section 245B, 

13 245C, or 245D of the Immigration and Nationality Act 

14 by providing them with the services described in sub15 section (c). 

16 (b) ELIGIBLE PUBLIC OR PRIVATE NON-PROFIT OR17 GANIZATION.—The term ‘‘eligible public or private non18 profit’’ means a nonprofit, tax-exempt organization, in19 cluding a community, faith-based or other immigrant-serv20 ing organization, whose staff has demonstrated qualifica21 tions, experience, and expertise in providing quality serv22 ices to immigrants, refugees, persons granted asylum, or 

23 persons applying for such statuses. 


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1 (c) USE OF FUNDS.—Grant funds awarded under 

2 this section may be used for the design and implementa3 tion of programs that provide— 

4 (1) information to the public regarding the eli5 gibility and benefits of registered provisional immi6 grant status authorized under section 245B of the 

7 Immigration and Nationality Act, particularly indi8 viduals potentially eligible for such status; 

9 (2) assistance, within the scope of authorized 

10 practice of immigration law, to individuals submit11 ting applications for registered provisional immi12 grant status, including— 

13 (A) screening prospective applicants to as14 sess their eligibility for such status; 

15 (B) completing applications and petitions, 

16 including providing assistance in obtaining the 

17 requisite documents and supporting evidence; 

18 (C) applying for any waivers for which ap19 plicants and qualifying family members may be 

20 eligible; and 

21 (D) providing any other assistance that the 

22 Secretary or grantees consider useful or nec23 essary to apply for registered provisional immi24 grant status; 


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1 (3) assistance, within the scope of authorized 

2 practice of immigration law, to individuals seeking to 

3 adjust their status to that of an alien admitted for 

4 permanent residence under section 245C of the Im5 migration and Nationality Act; and 

6 (4) assistance, within the scope of authorized 

7 practice of immigration law, and instruction, to indi8 viduals— 

9 (A) on the rights and responsibilities of 

10 United States citizenship; 

11 (B) in civics and civics-based English as a 

12 second language; and 

13 (C) in applying for United States citizen14 ship. 

15 (d) SOURCE OF GRANT FUNDS.— 

16 (1) APPLICATION FEES.—The Secretary may 

17 use up to $50,000,000 from the Comprehensive Im18 migration Reform Trust Fund established under sec19 tion 6(a)(1) to carry out this section. 

20 (2) AUTHORIZATION OF APPROPRIATIONS.— 

21 (A) AMOUNTS AUTHORIZED.—In addition 

22 to the amounts made available under paragraph 

23 (1), there are authorized to be appropriated 

24 such sums as may be necessary for each of the 


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1 fiscal years 2014 through 2018 to carry out 

2 this section. 

3 (B) AVAILABILITY.—Any amounts appro4 priated pursuant to subparagraph (A) shall re5 main available until expended. 

6 SEC. 2107. CONFORMING AMENDMENTS TO THE SOCIAL SE7 CURITY ACT. 

8 (a) CORRECTION OF SOCIAL SECURITY RECORDS.— 

9 (1) IN GENERAL.—Section 208(e)(1) of the So10 cial Security Act (42 U.S.C. 408(e)(1)) is amend11 ed— 

12 (A) in subparagraph (B)(ii), by striking 

13 ‘‘or’’ at the end; 

14 (B) in subparagraph (C), by striking the 

15 comma at the end and inserting a semicolon; 

16 (C) by inserting after subparagraph (C) 

17 the following: 

18 ‘‘(D) who is granted status as a registered 

19 provisional immigrant under section 245B or 

20 245D of the Immigration and Nationality Act; 

21 or 

22 ‘‘(E) whose status is adjusted to that of 

23 lawful permanent resident under section 245C 

24 of the Immigration and Nationality Act,’’; and 


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1 (D) in the undesignated matter at the end, 

2 by inserting ‘‘, or in the case of an alien de3 scribed in subparagraph (D) or (E), if such 

4 conduct is alleged to have occurred before the 

5 date on which the alien submitted an applica6 tion under section 245B of such Act for classi7 fication as a registered provisional immigrant’’ 

8 before the period at the end. 

9 (2) EFFECTIVE DATE.—The amendments made 

10 by paragraph (1) shall take effect on the first day 

11 of the tenth month that begins after the date of the 

12 enactment of this Act. 

13 (b) STATE DISCRETION REGARDING TERMINATION

14 OF PARENTAL RIGHTS .— 

15 (1) IN GENERAL.—A compelling reason for a 

16 State not to file (or to join in the filing of) a petition 

17 to terminate parental rights under section 475(5)(E) 

18 of the Social Security Act (42 U.S.C. 675(5)(E)) 

19 shall include— 

20 (A) the removal of the parent from the 

21 United States; or 

22 (B) the involvement of the parent in (in23 cluding detention pursuant to) an immigration 

24 proceeding, unless the parent is unfit or unwill25 ing to be a parent of the child. 


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1 (2) CONDITIONS.—Before a State may file to 

2 terminate the parental rights under such section 

3 475(5)(E)— 

4 (A) the State (or the county or other polit5 ical subdivision of the State, as applicable) shall 

6 make reasonable efforts— 

7 (i) to identify, locate, and contact, 

8 through the diplomatic or consular offices 

9 of the country to which the parent was re10 moved or in which a parent or relative re11 sides— 

12 (I) any parent of the child who 

13 has been removed from the United 

14 States; and 

15 (II) if possible, any potential 

16 adult relative of the child (as de17 scribed in section 471(a)(29)); 

18 (ii) to notify such parent or relative of 

19 the intent of the State (or the county or 

20 other political subdivision of the State, as 

21 applicable) to file (or to join in the filing 

22 of) a petition referred to in paragraph (1); 

23 or 

24 (iii) to reunify the child with any such 

25 parent or relative; and 


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1 (B) appropriate services have been pro2 vided (and documented) to the parent or rel3 ative. 

4 (3) CONFORMING AMENDMENT.—Section 

5 475(5)(E)(ii) of the Social Security Act (42 U.S.C. 

6 675(5)(E)) is amended by inserting ‘‘, including the 

7 reason set forth in section 2107(b)(1) of the Border 

8 Security, Economic Opportunity, and Immigration 

9 Modernization Act’’ after ‘‘child’’. 

10 (c) CHILDREN SEPARATED FROM PARENTS AND

11 CAREGIVERS.— 

12 (1) STATE PLAN FOR FOSTER CARE AND ADOP13 TION ASSISTANCE.—Section 471(a) of the Social Se14 curity Act (42 U.S.C. 671(a)) is amended— 

15 (A) by amending paragraph (19) to read 

16 as follows: 

17 ‘‘(19) provides that the State shall consider giv18 ing preference to an adult relative over a nonrelated 

19 caregiver when determining a placement for a child 

20 if— 

21 ‘‘(A) the relative caregiver meets all rel22 evant State child protection standards; and 

23 ‘‘(B) the standards referred to in subpara24 graph (A) ensure that the immigration status 

25 alone of a parent, legal guardian, or relative 


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1 shall not disqualify the parent, legal guardian, 

2 or relative from being a placement for a child;’’; 

3 and 

4 (B) in paragraph (32), by striking ‘‘and’’ 

5 at the end; 

6 (C) in paragraph (33), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(34) provides that the State shall— 

10 ‘‘(A) ensure that the case manager for a 

11 separated child is capable of communicating in 

12 the native language of such child and of the 

13 family of such child, or an interpreter who is so 

14 capable is provided to communicate with such 

15 child and the family of such child at no cost to 

16 the child or to the family of such child; 

17 ‘‘(B) coordinate with the Department of 

18 Homeland Security to ensure that parents who 

19 wish for their child to accompany them to their 

20 country of origin are given adequate time and 

21 assistance to obtain a passport and visa, and to 

22 collect all relevant vital documents, such as 

23 birth certificate, health, and educational records 

24 and other information; 


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1 ‘‘(C) coordinate with State agencies re2 garding alternate documentation requirements 

3 for a criminal records check or a fingerprint4 based check for a caregiver that does not have 

5 Federal or State-issued identification; 

6 ‘‘(D) preserve, to the greatest extent pos7 sible, the privacy and confidentiality of all infor8 mation gathered in the course of administering 

9 the care, custody, and placement of, and follow 

10 up services provided to, a separated child, con11 sistent with the best interest of such child, by 

12 not disclosing such information to other govern13 ment agencies or persons (other than a parent, 

14 guardian, or relative caregiver or such child), 

15 except that the head of the State agency may 

16 disclose such information, after placing a writ17 ten record of the disclosure in the file of the 

18 child— 

19 ‘‘(i) to a consular official for the pur20 pose of reunification of a child with a par21 ent, legal guardian, or relative caregiver 

22 who has been removed or is involved in an 

23 immigration proceeding, unless the child 

24 has refused contact with, or the sharing of 

25 personal or identifying information with, 


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1 the government of his or her country of or2 igin; 

3 ‘‘(ii) when authorized to do so by the 

4 child (if the child has attained 18 years of 

5 age) if the disclosure is consistent with the 

6 best interest of the child; or 

7 ‘‘(iii) to a law enforcement agency if 

8 the disclosure would prevent imminent and 

9 serious harm to another individual; and 

10 ‘‘(E) not less frequently than annually, 

11 compile, update, and publish a list of entities in 

12 the State that are qualified to provide guardian 

13 and legal representation services for a separated 

14 child, in a language such that a child can read 

15 and understand.’’. 

16 (2) ADDITIONAL INFORMATION TO BE IN17 CLUDED IN CASE PLAN.—Section 475 of such Act 

18 (42 U.S.C. 675) is amended— 

19 (A) in paragraph (1), by adding at the end 

20 the following: 

21 ‘‘(H) In the case of a separated child with 

22 respect to whom the State plan requires the 

23 State to provide services under section 

24 471(a)(34)— 


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1 ‘‘(i) the location of the parent, guard2 ian, or relative described in paragraph 

3 (9)(A) from whom the child has been sepa4 rated; and 

5 ‘‘(ii) a written record of each disclo6 sure to a government agency or person 

7 (other than such a parent, guardian, or 

8 relative) of information gathered in the 

9 course of tracking the care, custody, and 

10 placement of, and follow-up services pro11 vided to, the child.’’; and 

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

13 ‘‘(9) The term ‘separated child’ means an indi14 vidual who— 

15 ‘‘(A) has a parent, legal guardian, or pri16 mary caregiver who has been— 

17 ‘‘(i) detained by a Federal, State, or 

18 local law enforcement agency in the en19 forcement of an immigration law; or 

20 ‘‘(ii) removed from the United States 

21 as a result of a violation of such a law; and 

22 ‘‘(B) is in foster care under the responsi23 bility of a State.’’. 

24 (3) EFFECTIVE DATE.—The amendments made 

25 by this subsection shall take effect on the 1st day 


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1 of the 1st calendar quarter that begins after the 1- 

2 year period that begins on the date of the enactment 

3 of this Act. 

4 SEC. 2108. GOVERNMENT CONTRACTING AND ACQUISITION 

5 OF REAL PROPERTY INTEREST. 

6 (a) EXEMPTION FROM GOVERNMENT CONTRACTING

7 AND HIRING RULES.— 

8 (1) IN GENERAL.—A determination by a Fed9 eral agency to use a procurement competition ex10 emption under section 253(c) of title 41, United 

11 States Code, or to use the authority granted in para12 graph (2), for the purpose of implementing this title 

13 and the amendments made by this title is not sub14 ject to challenge by protest to the Government Ac15 countability Office under sections 3551 and 3556 of 

16 title 31, United States Code, or to the Court of Fed17 eral Claims, under section 1491 of title 28, United 

18 States Code. An agency shall immediately advise the 

19 Congress of the exercise of the authority granted 

20 under this paragraph. 

21 (2) GOVERNMENT CONTRACTING EXEMPTION.— 

22 The competition requirement under section 253(a) 

23 of title 41, United States Code, may be waived or 

24 modified by a Federal agency for any procurement 

25 conducted to implement this title or the amendments 


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1 made by this title if the senior procurement execu2 tive for the agency conducting the procurement— 

3 (A) determines that the waiver or modi4 fication is necessary; and 

5 (B) submits an explanation for such deter6 mination to the Committee on Homeland Secu7 rity and Governmental Affairs of the Senate 

8 and the Committee on Homeland Security of 

9 the House of Representatives. 

10 (3) HIRING RULES EXEMPTION.—Notwith11 standing any other provision of law, the Secretary of 

12 Homeland Security is authorized to make term, tem13 porary limited, and part-time appointments of em14 ployees who will implement this title and the amend15 ments made by this title without regard to the num16 ber of such employees, their ratio to permanent full17 time employees, and the duration of their employ18 ment. Nothing in chapter 71 of title 5, United 

19 States Code, shall affect the authority of any De20 partment of Homeland Security management official 

21 to hire term, temporary limited or part-time employ22 ees under this paragraph. 

23 (b) AUTHORITY TO WAIVE ANNUITY LIMITATIONS.— 

24 Section 824(g)(2)(B) of the Foreign Service Act of 1980 


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1 (22 U.S.C. 4064(g)(2)(B)) is amended by striking ‘‘2009’’ 

2 and inserting ‘‘2017’’. 

3 (c) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not4 withstanding any other provision of law, the Secretary of 

5 Homeland Security may acquire a leasehold interest in 

6 real property, and may provide in a lease entered into 

7 under this subsection for the construction or modification 

8 of any facility on the leased property, if the Secretary de9 termines that the acquisition of such interest, and such 

10 construction or modification, are necessary in order to fa11 cilitate the implementation of this title and the amend12 ments made by this title. 

13 SEC. 2109. LONG-TERM LEGAL RESIDENTS OF THE COM14 MONWEALTH OF THE NORTHERN MARIANA 

15 ISLANDS. 

16 Section (6)(e) of the Joint Resolution entitled ‘‘A 

17 Joint Resolution to approve the ‘Covenant to Establish a 

18 Commonwealth of the Northern Mariana Islands in Polit19 ical Union with the United States of America’, and for 

20 other purposes’’, approved March 24, 1976 (48 U.S.C. 

21 1806(e)), as added by section 702 of the Consolidated 

22 Natural Resources Act of 2008 (Public Law 110–229; 122 

23 Stat. 854), is amended by adding at the end the following: 

24 ‘‘(6) SPECIAL PROVISION REGARDING LONG25 TERM RESIDENTS OF THE COMMONWEALTH.— 


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1 ‘‘(A) CNMI-ONLY RESIDENT STATUS.— 

2 Notwithstanding paragraph (1), an alien de3 scribed in subparagraph (B) may, upon the ap4 plication of the alien, be admitted as an immi5 grant to the Commonwealth subject to the fol6 lowing rules: 

7 ‘‘(i) The alien shall be treated as an 

8 immigrant lawfully admitted for permanent 

9 residence in the Commonwealth only, in10 cluding permitting entry to and exit from 

11 the Commonwealth, until the earlier of the 

12 date on which— 

13 ‘‘(I) the alien ceases to perma14 nently reside in the Commonwealth; 

15 or 

16 ‘‘(II) the alien’s status is ad17 justed under this paragraph or section 

18 245 of the Immigration and Nation19 ality Act (8 U.S.C. 1255) to that of 

20 an alien lawfully admitted for perma21 nent residence in accordance with all 

22 applicable eligibility requirements. 

23 ‘‘(ii) The Secretary of Homeland Se24 curity shall establish a process for such 

25 aliens to apply for CNMI-only permanent 


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1 resident status during the 90-day period 

2 beginning on the first day of the sixth 

3 month after the date of the enactment of 

4 this paragraph. 

5 ‘‘(iii) Nothing in this subparagraph 

6 may be construed to provide any alien sta7 tus under this subparagraph with public 

8 assistance to which the alien is not other9 wise entitled. 

10 ‘‘(B) ALIENS DESCRIBED.—An alien is de11 scribed in this subparagraph if the alien— 

12 ‘‘(i) is lawfully present in the Com13 monwealth under the immigration laws of 

14 the United States; 

15 ‘‘(ii) is otherwise admissible to the 

16 United States under the Immigration and 

17 Nationality Act (8 U.S.C. 1101 et seq.); 

18 ‘‘(iii) resided continuously and law19 fully in the Commonwealth from November 

20 28, 2009, through the date of the enact21 ment of this paragraph; 

22 ‘‘(iv) is not a citizen of the Republic 

23 of the Marshall Islands, the Federated 

24 States of Micronesia, or the Republic of 

25 Palau; and 


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1 ‘‘(v)(I) was born in the Northern 

2 Mariana Islands between January 1, 1974 

3 and January 9, 1978; 

4 ‘‘(II) was, on May 8, 2008, and con5 tinues to be as of the date of the enact6 ment of this paragraph, a permanent resi7 dent (as defined in section 4303 of title 3 

8 of the Northern Mariana Islands Common9 wealth Code, in effect on May 8, 2008); 

10 ‘‘(III) is the spouse or child (as de11 fined in section 101(b)(1) of the Immigra12 tion and Nationality Act (8 U.S.C. 

13 1101(b)(1))), of an alien described in sub14 clauses (I) or (II); 

15 ‘‘(IV) was, on May 8, 2008, an imme16 diate relative (as defined in section 4303 of 

17 title 3 of the Northern Mariana Islands 

18 Commonwealth Code, in effect on May 8, 

19 2008, of a United States citizen, notwith20 standing the age of the United States cit21 izen, and continues to be such an imme22 diate relative on the date of the application 

23 described in subparagraph (A); 

24 ‘‘(V) resided in the Northern Mariana 

25 Islands as a guest worker under CommonVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 wealth immigration law for at least 5 years 

2 before May 8, 2008 and is presently resi3 dent under CW-1 status; or 

4 ‘‘(VI) is the spouse or child (as de5 fined in section 101(b)(1) of the Immigra6 tion and Nationality Act (8 U.S.C. 

7 1101(b)(1))), of the alien guest worker de8 scribed in subclause (V) and is presently 

9 resident under CW-2 status. 

10 ‘‘(C) ADJUSTMENT FOR LONG TERM AND

11 PERMANENT RESIDENTS.—Beginning on the 

12 date that is 5 years after the date of the enact13 ment of the Border Security, Economic Oppor14 tunity, and Immigration Modernization Act, an 

15 alien described in subparagraph (B) may apply 

16 to receive an immigrant visa or to adjust his or 

17 her status to that of an alien lawfully admitted 

18 for permanent residence.’’. 

19 SEC. 2110. RULEMAKING. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of the enactment of this Act, the Secretary, the Attor22 ney General, and the Secretary of State separately shall 

23 issue interim final regulations to implement this subtitle 

24 and the amendments made by this subtitle, which shall 


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1 take effect immediately upon publication in the Federal 

2 Register. 

3 (b) APPLICATION PROCEDURES; PROCESSING FEES; 

4 DOCUMENTATION.—The interim final regulations issued 

5 under subsection (a) shall include— 

6 (1) the procedures by which an alien, and the 

7 dependent spouse and children of such alien may 

8 apply for status under section 245B of the Immigra9 tion and Nationality Act, as added by section 2101 

10 of this Act, as a registered provisional immigrant or 

11 a registered provisional immigrant dependent, as ap12 plicable, including the evidence required to dem13 onstrate eligibility for such status or to be included 

14 in each application for such status; 

15 (2) the criteria to be used by the Secretary to 

16 determine— 

17 (A) the maximum processing fee payable 

18 under sections 245B(c)(10)(B) and 

19 245C(c)(5)(A) of such Act by a family, includ20 ing spouses and unmarried children younger 

21 than 21 years of age; and 

22 (B) which individuals will be exempt from 

23 such fees; 


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1 (3) the documentation required to be submitted 

2 by the applicant to demonstrate compliance with sec3 tion 245C(b)(3) of such Act; and 

4 (4) the procedures for a registered provisional 

5 immigrant to apply for adjustment of status under 

6 section 245C or 245D of such Act, including the evi7 dence required to be submitted with such application 

8 to demonstrate the applicant’s eligibility for such ad9 justment. 

10 (c) EXEMPTION FROM NATIONAL ENVIRONMENTAL

11 POLICY ACT.—Any decision by the Secretary concerning 

12 any rulemaking action, plan, or program described in this 

13 section shall not be considered to be a major Federal ac14 tion subject to review under the National Environmental 

15 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

16 SEC. 2111. STATUTORY CONSTRUCTION. 

17 Except as specifically provided, nothing in this sub18 title, or any amendment made by this subtitle, may be con19 strued to create any substantive or procedural right or 

20 benefit that is legally enforceable by any party against the 

21 United States or its agencies or officers or any other per22 son. 


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1 Subtitle B—Agricultural Worker 

2 Program 

3 SEC. 2201. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Agricultural Work5 er Program Act of 2013’’. 

6 SEC. 2202. DEFINITIONS. 

7 In this subtitle: 

8 (1) BLUE CARD STATUS.—The term ‘‘blue card 

9 status’’ means the status of an alien who has been 

10 lawfully admitted into the United States for tem11 porary residence under section 2211. 

12 (2) AGRICULTURAL EMPLOYMENT.—The term 

13 ‘‘agricultural employment’’— 

14 (A) subject to subparagraph (B) has the 

15 meaning given such term in section 3 of the Mi16 grant and Seasonal Agricultural Worker Protec17 tion Act (29 U.S.C. 1802), without regard to 

18 whether the specific service or activity is tem19 porary or seasonal; and 

20 (B) includes farming in all its branches, 

21 the cultivation and tillage of the soil, dairying, 

22 the production, cultivation, growing, and har23 vesting of any agricultural or horticultural com24 modities, the raising of livestock, bees, fur-bear25 ing animals, or poultry, and any practices (inVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 cluding any forestry or lumbering operations) 

2 performed by a farmer or on a farm as an inci3 dent to, or in conjunction with, such farming 

4 operations, including preparation for market, 

5 delivery to storage or to market or to carriers 

6 for transportation to market. 

7 (3) CHILD.—The term ‘‘child’’ has the meaning 

8 given the term in section 101(b)(1) of the Immigra9 tion and Nationality Act (8 U.S.C. 1101(b)(1)). 

10 (4) EMPLOYER.—The term ‘‘employer’’ means 

11 any person or entity, including any farm labor con12 tractor and any agricultural association, that em13 ploys workers in agricultural employment. 

14 (5) QUALIFIED DESIGNATED ENTITY.—The 

15 term ‘‘qualified designated entity’’ means— 

16 (A) a qualified farm labor organization or 

17 an association of employers designated by the 

18 Secretary; or 

19 (B) any other entity that the Secretary 

20 designates as having substantial experience, 

21 demonstrated competence, and a history of 

22 long-term involvement in the preparation and 

23 submission of application for adjustment of sta24 tus under title II of the Immigration and Na25 tionality Act (8 U.S.C. 1151 et seq.). 


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1 (6) WORK DAY.—The term ‘‘work day’’ means 

2 any day in which the individual is employed 5.75 or 

3 more hours in agricultural employment. 

4 CHAPTER 1—PROGRAM FOR EARNED STA5 TUS ADJUSTMENT OF AGRICULTURAL 

6 WORKERS 

7 Subchapter A—Blue Card Status 

8 SEC. 2211. REQUIREMENTS FOR BLUE CARD STATUS. 

9 (a) REQUIREMENTS FOR BLUE CARD STATUS.—Not10 withstanding any other provision of law, the Secretary, 

11 after conducting the national security and law enforce12 ment clearances required under section 245B(c)(4), may 

13 grant blue card status to an alien who— 

14 (1)(A) performed agricultural employment in 

15 the United States for not fewer than 575 hours or 

16 100 work days during the 2-year period ending on 

17 December 31, 2012; or 

18 (B) is the spouse or child of an alien described 

19 in paragraph (1); 

20 (2) submits a completed application before the 

21 end of the period set forth in subsection (b)(2); and 

22 (3) is not ineligible under paragraph (3) or (4) 

23 of section 245B(b) of the Immigration and Nation24 ality Act. 

25 (b) APPLICATION.— 


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1 (1) IN GENERAL.—An alien who meets the eli2 gibility requirements set forth in subsection (a)(1), 

3 may apply for blue card status and that alien’s 

4 spouse or child may apply for agricultural worker 

5 status as a dependent, by submitting a completed 

6 application form to the Secretary during the applica7 tion period set forth in paragraph (2) in accordance 

8 with the final rule promulgated by the Secretary 

9 pursuant to subsection (f). 

10 (2) APPLICATION PERIOD.— 

11 (A) INITIAL PERIOD.—Except as provided 

12 in subparagraph (B), the Secretary may only 

13 accept applications for blue card status from 

14 aliens in the United States during the 1-year 

15 period beginning on the date on which the final 

16 rule is published in the Federal Register pursu17 ant to subsection (f). 

18 (B) EXTENSION.—If the Secretary deter19 mines, during the initial period described in 

20 subparagraph (A), that additional time is re21 quired to process applications for blue card sta22 tus or for other good cause, the Secretary may 

23 extend the period for accepting applications for 

24 an additional 18 months. 

25 (3) APPLICATION FORM.— 


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1 (A) REQUIRED INFORMATION.—The appli2 cation form referred to in paragraph (1) shall 

3 collect such information as the Secretary deter4 mines necessary and appropriate. 

5 (B) FAMILY APPLICATION.—The Secretary 

6 shall establish a process through which an alien 

7 may submit a single application under this sec8 tion on behalf of the alien, his or her spouse, 

9 and his or her children, who are residing in the 

10 United States. 

11 (C) INTERVIEW.—The Secretary may 

12 interview applicants for blue card status to de13 termine whether they meet the eligibility re14 quirements set forth in subsection (a)(1). 

15 (4) ALIENS APPREHENDED BEFORE OR DURING

16 THE APPLICATION PERIOD.—If an alien, who is ap17 prehended during the period beginning on the date 

18 of the enactment of this Act and ending on the ap19 plication period described in paragraph (2), appears 

20 prima facie eligible for blue card status, the Sec21 retary— 

22 (A) shall provide the alien with a reason23 able opportunity to file an application under 

24 this section during such application period; and 


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1 (B) may not remove the individual until a 

2 final administrative determination is made on 

3 the application. 

4 (5) SUSPENSION OF REMOVAL DURING APPLI5 CATION PERIOD.— 

6 (A) PROTECTION FROM DETENTION OR

7 REMOVAL.—An alien granted blue card status 

8 may not be detained by the Secretary or re9 moved from the United States unless— 

10 (i) such alien is, or has become, ineli11 gible for blue card status under subsection 

12 (a)(1)(C); or 

13 (ii) the alien’s blue card status has 

14 been revoked under subsection (2). 

15 (B) ALIENS IN REMOVAL PROCEEDINGS.— 

16 Notwithstanding any other provision of the Im17 migration and Nationality Act (8 U.S.C. 1101 

18 et seq.)— 

19 (i) if the Secretary determines that an 

20 alien, during the period beginning on the 

21 date of the enactment of this section and 

22 ending on the last day of the application 

23 period described in paragraph (2), is in re24 moval, deportation, or exclusion pro25 ceedings before the Executive Office for 


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1 Immigration Review and is prima facie eli2 gible for blue card status under this sec3 tion— 

4 (I) the Secretary shall provide 

5 the alien with the opportunity to file 

6 an application for such status; and 

7 (II) upon motion by the Sec8 retary and with the consent of the 

9 alien or upon motion by the alien, the 

10 Executive Office for Immigration Re11 view shall— 

12 (aa) terminate such pro13 ceedings without prejudice to fu14 ture proceedings on any basis; 

15 and 

16 (bb) provide the alien a rea17 sonable opportunity to apply for 

18 such status; and 

19 (ii) if the Executive Office for Immi20 gration Review determines that an alien, 

21 during the application period described in 

22 paragraph (2), is in removal, deportation, 

23 or exclusion proceedings before the Execu24 tive Office for Immigration Review and is 


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•S 744 IS

1 prima facie eligible for blue card status 

2 under this section— 

3 (I) the Executive Office of Immi4 gration Review shall notify the Sec5 retary of such determination; and 

6 (II) if the Secretary does not dis7 pute the determination of prima facie 

8 eligibility within 7 days after such no9 tification, the Executive Office for Im10 migration Review, upon consent of the 

11 alien, shall— 

12 (aa) terminate such pro13 ceedings without prejudice to fu14 ture proceedings on any basis; 

15 and 

16 (bb) permit the alien a rea17 sonable opportunity to apply for 

18 such status. 

19 (C) TREATMENT OF CERTAIN ALIENS.— 

20 (i) IN GENERAL.—If an alien who 

21 meets the eligibility requirements set forth 

22 in subsection (a) is present in the United 

23 States and has been ordered excluded, de24 ported, or removed, or ordered to depart 


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1 voluntarily from the United States under 

2 any provision of this Act— 

3 (I) notwithstanding such order or 

4 section 241(a)(5) of the Immigration 

5 and Nationality Act (8 U.S.C. 

6 1231(a)(5)), the alien may apply for 

7 blue card status under this section; 

8 and 

9 (II) if the alien is granted such 

10 status, the alien shall file a motion to 

11 reopen the exclusion, deportation, re12 moval, or voluntary departure order, 

13 which motion shall be granted unless 

14 1 or more of the grounds of ineligi15 bility is established by clear and con16 vincing evidence. 

17 (ii) LIMITATIONS ON MOTIONS TO RE18 OPEN.—The limitations on motions to re19 open set forth in section 240(c)(7) of the 

20 Immigration and Nationality Act (8 U.S.C. 

21 1229a(c)(7)) shall not apply to motions 

22 filed under clause (i)(II). 

23 (D) PERIOD PENDING ADJUDICATION OF

24 APPLICATION.— 


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1 (i) IN GENERAL.—During the period 

2 beginning on the date on which an alien 

3 applies for blue card status under para4 graph (1) and the date on which the Sec5 retary makes a final decision regarding 

6 such application, the alien— 

7 (I) may receive advance parole to 

8 reenter the United States if urgent 

9 humanitarian circumstances compel 

10 such travel; 

11 (II) may not be detained by the 

12 Secretary or removed from the United 

13 States unless the Secretary makes a 

14 prima facie determination that such 

15 alien is, or has become, ineligible for 

16 blue card status under subsection 

17 (a)(1)(c); 

18 (III) shall not be considered un19 lawfully present for purposes of sec20 tion 212(a)(9)(B) of the Immigration 

21 and Nationality Act (8 U.S.C. 

22 1182(a)(9)(B)); and 

23 (IV) shall not be considered an 

24 unauthorized alien (as defined in sec25 tion 274A(h)(3) of the Immigration 


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•S 744 IS

1 and Nationality Act (8 U.S.C. 

2 1324a(h)(3))). 

3 (ii) EVIDENCE OF APPLICATION FIL4 ING.—As soon as practicable after receiv5 ing each application for blue card status, 

6 the Secretary shall provide the applicant 

7 with a document acknowledging the receipt 

8 of such application. 

9 (iii) CONTINUING EMPLOYMENT.—An 

10 employer who knows an alien employee is 

11 an applicant for blue card status or will 

12 apply for such status once the application 

13 period commences is not in violation of sec14 tion 274A(a)(2) of the Immigration and 

15 Nationality Act (8 U.S.C. 1324a(a)(2)) if 

16 the employer continues to employ the alien 

17 pending the adjudication of the alien em18 ployee’s application. 

19 (iv) EFFECT OF DEPARTURE.—Sec20 tion 101(g) of the Immigration and Na21 tionality Act (8 U.S.C. 1101(g)) shall not 

22 apply to an alien granted— 

23 (I) advance parole under clause 

24 (i)(I) to reenter the United States; or 

25 (II) blue card status. 


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1 (6) SECURITY AND LAW ENFORCEMENT CLEAR2 ANCES.— 

3 (A) BIOMETRIC AND BIOGRAPHIC DATA.— 

4 The Secretary may not grant blue card status 

5 to an alien or an alien dependent spouse or 

6 child under this section unless such alien sub7 mits biometric and biographic data in accord8 ance with procedures established by the Sec9 retary. 

10 (B) ALTERNATIVE PROCEDURES.—The 

11 Secretary shall provide an alternative procedure 

12 for applicants who cannot provide the standard 

13 biometric data required under subparagraph 

14 (A) because of a physical impairment. 

15 (C) CLEARANCES.— 

16 (i) DATA COLLECTION.—The Sec17 retary shall collect, from each alien apply18 ing for status under this section, biometric, 

19 biographic, and other data that the Sec20 retary determines to be appropriate— 

21 (I) to conduct national security 

22 and law enforcement clearances; and 

23 (II) to determine whether there 

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1 forcement factors that would render 

2 an alien ineligible for such status. 

3 (ii) PREREQUISITE.—The required 

4 clearances described in clause (i)(I) shall 

5 be completed before the alien may be 

6 granted blue card status. 

7 (7) DURATION OF STATUS AND EXTENSION.— 

8 (A) IN GENERAL.—After the date that is 8 

9 years after the date regulations are published 

10 under this section, no alien may remain in blue 

11 card status. 

12 (B) EXTENSION.—An extension of blue 

13 card status may not be granted by the Sec14 retary until renewed national security and law 

15 enforcement clearances have been completed 

16 with respect to the applicant, to the satisfaction 

17 of the Secretary. 

18 (8) FEES AND PENALTIES.— 

19 (A) STANDARD PROCESSING FEE.— 

20 (i) IN GENERAL.—Aliens who are 16 

21 years of age or older and are applying for 

22 blue card status under paragraph (2), or 

23 for an extension of such status, shall pay 

24 a processing fee to the Department of 


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1 Homeland Security in an amount deter2 mined by the Secretary. 

3 (ii) RECOVERY OF COSTS.—The proc4 essing fee authorized under clause (i) shall 

5 be set at a level that is sufficient to recover 

6 the full costs of processing the application, 

7 including any costs incurred— 

8 (I) to adjudicate the application; 

9 (II) to take and process bio10 metrics; 

11 (III) to perform national security 

12 and criminal checks, including adju13 dication; 

14 (IV) to prevent and investigate 

15 fraud; and 

16 (V) to administer the collection 

17 of such fee. 

18 (iii) AUTHORITY TO LIMIT FEES.— 

19 The Secretary, by regulation, may— 

20 (I) limit the maximum processing 

21 fee payable under this subparagraph 

22 by a family, including spouses and un23 married children younger than 21 

24 years of age; and 


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1 (II) exempt defined classes of in2 dividuals from the payment of the fee 

3 authorized under clause (i). 

4 (B) DEPOSIT AND USE OF PROCESSING

5 FEES.—Fees collected pursuant to subpara6 graph (A)(i)— 

7 (i) shall be deposited into the Com8 prehensive Immigration Reform Trust 

9 Fund established under section 6(a)(1); 

10 (ii) may be used for the purposes set 

11 forth in section 6(a)(3)(B). 

12 (C) PENALTY.— 

13 (i) PAYMENT.—In addition to the 

14 processing fee required under subpara15 graph (A), aliens who are 21 years of age 

16 or older and are applying for blue card sta17 tus under paragraph (2) shall pay a $100 

18 penalty to the Department. 

19 (ii) DEPOSIT.—Penalties collected 

20 pursuant to clause (i) shall be deposited 

21 into the Comprehensive Immigration Re22 form Trust Fund established under section 

23 6(a)(1). 

24 (9) ADJUDICATION.— 


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1 (A) FAILURE TO SUBMIT SUFFICIENT EVI2 DENCE.—The Secretary shall deny an applica3 tion submitted by an alien who fails to sub4 mit— 

5 (i) requested initial evidence, includ6 ing requested biometric data; or 

7 (ii) any requested additional evidence 

8 by the date required by the Secretary. 

9 (B) AMENDED APPLICATION.—An alien 

10 whose application for blue card status is denied 

11 under subparagraph (A) may file an amended 

12 application for such status to the Secretary if 

13 the amended application— 

14 (i) is filed within the application pe15 riod described in paragraph (2); and 

16 (ii) contains all the required informa17 tion and fees that were missing from the 

18 initial application. 

19 (10) EVIDENCE OF BLUE CARD STATUS.— 

20 (A) IN GENERAL.—The Secretary shall 

21 issue documentary evidence of blue card status 

22 to each alien whose application for such status 

23 has been approved. 


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1 (B) DOCUMENTATION FEATURES.—Docu2 mentary evidence provided under subparagraph 

3 (A)— 

4 (i) shall be machine-readable and tam5 per-resistant, and shall contain a digitized 

6 photograph; 

7 (ii) shall, during the alien’s authorized 

8 period of admission, and any extension of 

9 such authorized admission, serve as a valid 

10 travel and entry document for the purpose 

11 of applying for admission to the United 

12 States; 

13 (iii) may be accepted during the pe14 riod of its validity by an employer as evi15 dence of employment authorization and 

16 identity under section 274A(b)(1)(B) of 

17 the Immigration and Nationality Act (8 

18 U.S.C. 1324a(b)(1)(B)); and 

19 (iv) shall include such other features 

20 and information as the Secretary may pre21 scribe. 

22 (c) TERMS AND CONDITIONS OF BLUE CARD STA23 TUS.— 

24 (1) CONDITIONS OF BLUE CARD STATUS.— 


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1 (A) EMPLOYMENT.—Notwithstanding any 

2 other provision of law, including section 

3 241(a)(7) of the Immigration and Nationality 

4 Act (8 U.S.C. 1231(a)(7)), an alien with blue 

5 card status shall be authorized to be employed 

6 in the United States while in such status. 

7 (B) TRAVEL OUTSIDE THE UNITED

8 STATES.—An alien with blue card status may 

9 travel outside of the United States and may be 

10 admitted, if otherwise admissible, upon return11 ing to the United States without having to ob12 tain a visa if— 

13 (i) the alien is in possession of— 

14 (I) valid, unexpired documentary 

15 evidence of blue card status that com16 plies with subsection (b)(11); or 

17 (II) a travel document that has 

18 been approved by the Secretary and 

19 was issued to the alien after the 

20 alien’s original documentary evidence 

21 was lost, stolen, or destroyed; 

22 (ii) the alien’s absence from the 

23 United States did not exceed 180 days, un24 less the alien’s failure to timely return was 


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•S 744 IS

1 due to extenuating circumstances beyond 

2 the alien’s control; and 

3 (iii) the alien establishes that the alien 

4 is not inadmissible under subparagraph 

5 (A)(i), (A)(iii), (B), or (C) of section 

6 212(a)(3) of the Immigration and Nation7 ality Act (8 U.S.C. 1182(a)(3)). 

8 (C) ADMISSION.—An alien granted blue 

9 card status shall be considered to have been ad10 mitted in such status as of the date on which 

11 the alien’s application was filed. 

12 (D) CLARIFICATION OF STATUS.—An alien 

13 granted blue card status— 

14 (i) is lawfully admitted to the United 

15 States; and 

16 (ii) may not be classified as a non17 immigrant or as an alien who has been 

18 lawfully admitted for permanent residence. 

19 (2) REVOCATION.— 

20 (A) IN GENERAL.—The Secretary may re21 voke blue card status at any time after pro22 viding appropriate notice to the alien, and after 

23 the exhaustion or waiver of all applicable ad24 ministrative review procedures under section 

25 245E(c) of the Immigration and Nationality 


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1 Act, as added by section 2104(a) of this Act, if 

2 the alien— 

3 (i) no longer meets the eligibility re4 quirements described in subsection 

5 (a)(1)(C); 

6 (ii) knowingly used documentation 

7 issued under this section for an unlawful 

8 or fraudulent purpose; or 

9 (iii) was absent from the United 

10 States for— 

11 (I) any single period longer than 

12 180 days in violation of the require13 ment under paragraph (1)(B)(ii); or 

14 (II) for more than 180 days in 

15 the aggregate during any calendar 

16 year, unless the alien’s failure to time17 ly return was due to extenuating cir18 cumstances beyond the alien’s control. 

19 (B) ADDITIONAL EVIDENCE.— 

20 (i) IN GENERAL.—In determining 

21 whether to revoke an alien’s status under 

22 subparagraph (A), the Secretary may re23 quire the alien— 

24 (I) to submit additional evidence; 

25 or 


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1 (II) to appear for an interview. 

2 (ii) EFFECT OF NONCOMPLIANCE.— 

3 The status of an alien who fails to comply 

4 with any requirement imposed by the Sec5 retary under clause (i) shall be revoked un6 less the alien demonstrates to the Sec7 retary’s satisfaction that such failure was 

8 reasonably excusable. 

9 (C) INVALIDATION OF DOCUMENTATION.— 

10 If an alien’s blue card status is revoked under 

11 subparagraph (A), any documentation issued by 

12 the Secretary to such alien under subsection 

13 (b)(11) shall automatically be rendered invalid 

14 for any purpose except for departure from the 

15 United States. 

16 (3) INELIGIBILITY FOR PUBLIC BENEFITS.—An 

17 alien who has been granted blue card status is not 

18 eligible for any Federal means-tested public benefit 

19 (as such term is defined in section 403 of the Per20 sonal Responsibility and Work Opportunity Rec21 onciliation Act of 1996 (8 U.S.C. 1613). 

22 (4) TREATMENT OF BLUE CARD STATUS.—A 

23 noncitizen granted blue card status shall be consid24 ered lawfully present in the United States for all 


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1 purposes while such noncitizen remains in such sta2 tus, except that the noncitizen— 

3 (A) is not entitled to the premium assist4 ance tax credit authorized under section 36B of 

5 the Internal Revenue Code of 1986; 

6 (B) shall be subject to the rules applicable 

7 to individuals who are not lawfully present set 

8 forth in subsection (e) of such section; and 

9 (C) shall be subject to the rules applicable 

10 to individuals who are not lawfully present set 

11 forth in section 1402(e) of the Patient Protec12 tion and Affordable Care Act (42 U.S.C. 

13 18071(e)). 

14 (5) ADJUSTMENT TO REGISTERED PROVISIONAL

15 IMMIGRANT STATUS.—The Secretary may adjust the 

16 status of an alien who has been granted blue card 

17 status to the status of a registered provisional immi18 grant under section 245B if the Secretary deter19 mines that the alien is unable to fulfill the agricul20 tural service requirement set forth in section 

21 2212(a)(1). 

22 (d) RECORD OF EMPLOYMENT.— 

23 (1) IN GENERAL.—Each employer of an alien 

24 granted blue card status shall annually provide— 


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1 (A) a written record of employment to the 

2 alien; and 

3 (B) a copy of such record to the Secretary 

4 of Agriculture. 

5 (2) CIVIL PENALTIES.— 

6 (A) IN GENERAL.—If the Secretary finds, 

7 after notice and an opportunity for a hearing, 

8 that an employer of an alien granted blue card 

9 status has knowingly failed to provide the 

10 record of employment required under paragraph 

11 (1) or has provided a false statement of mate12 rial fact in such a record, the employer shall be 

13 subject to a civil penalty in an amount not to 

14 exceed $500 per violation. 

15 (B) LIMITATION.—The penalty under sub16 paragraph (A) for failure to provide employ17 ment records shall not apply unless the alien 

18 has provided the employer with evidence of em19 ployment authorization provided under sub20 section (c). 

21 (C) DEPOSIT OF CIVIL PENALTIES.—Civil 

22 penalties collected under this paragraph shall be 

23 deposited in the Comprehensive Immigration 

24 Reform Trust Fund established under section 

25 6(a)(1). 


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1 (3) TERMINATION OF OBLIGATION.—The obli2 gation under paragraph (1) shall terminate on the 

3 date that is 8 years after the date of the enactment 

4 of this Act. 

5 (e) RULEMAKING.—Not later than 1 year after the 

6 date of the enactment of this Act, the Secretary, in con7 sultation with the Secretary of Agriculture, shall issue 

8 final regulations for granting blue card status under this 

9 section. 

10 SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STA11 TUS. 

12 (a) IN GENERAL.—Except as provided in subsection 

13 (b), and not earlier than 5 years after the date of the en14 actment of this Act, the Secretary shall adjust the status 

15 of an alien granted blue card status to that of an alien 

16 lawfully admitted for permanent residence if the Secretary 

17 determines that the following requirements are satisfied: 

18 (1) QUALIFYING EMPLOYMENT.—Except as 

19 provided in paragraph (3), the alien— 

20 (A) during the 8-year period beginning on 

21 the date of the enactment of this Act, per22 formed not less than 100 work days of agricul23 tural employment during each of 5 years; or 

24 (B) during the 5-year period beginning on 

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1 formed not less than 150 work days of agricul2 tural employment during each of 3 years. 

3 (2) EVIDENCE.—An alien may demonstrate 

4 compliance with the requirement under paragraph 

5 (1) by submitting— 

6 (A) the record of employment described in 

7 section 2211(e); 

8 (B) documentation that may be submitted 

9 under subsection (e)(5); or 

10 (C) any other documentation designated by 

11 the Secretary for such purpose. 

12 (3) EXTRAORDINARY CIRCUMSTANCES.— 

13 (A) IN GENERAL.—In determining whether 

14 an alien has met the requirement under para15 graph (1), the Secretary may credit the alien 

16 with not more than 12 additional months of ag17 ricultural employment in the United States to 

18 meet such requirement if the alien was unable 

19 to work in agricultural employment due to— 

20 (i) pregnancy, disabling injury, or dis21 ease that the alien can establish through 

22 medical records; 

23 (ii) illness, disease, or other special 

24 needs of a child that the alien can establish 

25 through medical records; 


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1 (iii) severe weather conditions that 

2 prevented the alien from engaging in agri3 cultural employment for a significant pe4 riod of time; or 

5 (iv) termination from agricultural em6 ployment, if the Secretary determines 

7 that— 

8 (I) the termination was without 

9 just cause; and 

10 (II) the alien was unable to find 

11 alternative agricultural employment 

12 after a reasonable job search. 

13 (B) EFFECT OF DETERMINATION.—A de14 termination under subparagraph (A)(iv), with 

15 respect to an alien, shall not be conclusive, 

16 binding, or admissible in a separate or subse17 quent judicial or administrative action or pro18 ceeding between the alien and a current or 

19 prior employer of the alien or any other party. 

20 (4) APPLICATION PERIOD.—The alien applies 

21 for adjustment of status before the alien’s agricul22 tural card status expires. 

23 (5) FINE.—The alien pays a fine of $400 to the 

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1 prehensive Immigration Reform Trust Fund estab2 lished under section 6(a)(1). 

3 (b) GROUNDS FOR DENIAL OF ADJUSTMENT OF STA4 TUS.— 

5 (1) IN GENERAL.—The Secretary may not ad6 just the status of an alien granted blue card status 

7 if the alien— 

8 (A) is no longer eligible for blue card sta9 tus; or 

10 (B) failed to perform the qualifying em11 ployment requirement under subsection (a)(1), 

12 considering any amount credited by the Sec13 retary under subsection (a)(3). 

14 (2) MAINTENANCE OF WAIVERS OF INADMIS15 SIBILITY.—The grounds of inadmissibility set forth 

16 in section 212(a) of the Immigration and Nationality 

17 Act (8 U.S.C. 1182(a)) that were previously waived 

18 for the alien or made inapplicable shall not apply for 

19 purposes of the alien’s adjustment of status under 

20 this section. 

21 (3) PENDING REVOCATION PROCEEDINGS.—If 

22 the Secretary has notified the applicant that the 

23 Secretary intends to revoke the applicant’s blue card 

24 status, the Secretary may not approve an application 

25 for adjustment of status under this section unless 


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1 the Secretary makes a final determination not to re2 voke the applicant’s status. 

3 (4) PAYMENT OF TAXES.— 

4 (A) IN GENERAL.—An applicant may not 

5 file an application for adjustment of status 

6 under this section unless the applicant has sat7 isfied any applicable Federal tax liability. 

8 (B) COMPLIANCE.—The applicant may 

9 demonstrate compliance with subparagraph (A) 

10 by submitting such documentation as the Sec11 retary, in consultation with the Secretary of the 

12 Treasury, may require by regulation. 

13 (c) SPOUSES AND CHILDREN.—Notwithstanding any 

14 other provision of law, the Secretary shall grant perma15 nent resident status to the spouse or child of an alien 

16 whose status was adjusted under subsection (a) if— 

17 (1) the spouse or child applies for such status; 

18 (2) the principal alien includes the spouse and 

19 children in an application for adjustment of status 

20 to that of a lawful permanent resident; and 

21 (3) the spouse or child is not ineligible under 

22 section 245B(b)(3). 

23 (d) NUMERICAL LIMITATIONS DO NOT APPLY.— 

24 (1) IN GENERAL.—The numerical limitations 

25 under sections 201 and 202 of the Immigration and 


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1 Nationality Act (8 U.S.C. 1151 and 1152) shall not 

2 apply to the adjustment of aliens to lawful perma3 nent resident status under this section. 

4 (2) CONFORMING AMENDMENT.—Section 

5 201(b)(1) is amended by adding at the end the fol6 lowing: 

7 ‘‘(F) Aliens granted lawful permanent resi8 dent status under section 245B.’’. 

9 (e) SUBMISSION OF APPLICATIONS.— 

10 (1) INTERVIEW.—The Secretary may interview 

11 applicants for adjustment of status under this sec12 tion to determine whether they meet the eligibility 

13 requirements set forth in this section. 

14 (2) FEES .— 

15 (A) IN GENERAL.—Applicants for adjust16 ment of status under this section shall pay a 

17 processing fee to the Secretary in an amount 

18 that will ensure the recovery of the full costs of 

19 adjudicating such applications, including— 

20 (i) the cost of taking and processing 

21 biometrics; 

22 (ii) expenses relating to prevention 

23 and investigation of fraud; and 

24 (iii) costs relating to the administra25 tion of the fees collected. 


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1 (B) AUTHORITY TO LIMIT FEES.—The 

2 Secretary, by regulation— 

3 (i) may limit the maximum processing 

4 fee payable under this paragraph by a fam5 ily, including spouses and unmarried chil6 dren younger than 21 years of age; and 

7 (ii) may exempt individuals described 

8 in section 245B(c)(10) of the Immigration 

9 and Nationality Act, as added by section 

10 2201 of this Act, and other defined classes 

11 of individuals from the payment of the fee 

12 under subparagraph (A). 

13 (3) DISPOSITION OF FEES.— 

14 (A) IN GENERAL.—All fees collected under 

15 paragraph (1)(A) shall be deposited as offset16 ting receipts into the Comprehensive Immigra17 tion Reform Trust Fund established under sec18 tion 6(a)(1). 

19 (B) USE OF FEES FOR APPLICATION PROC20 ESSING.—Amounts deposited into the Com21 prehensive Immigration Reform Trust Fund 

22 pursuant to subparagraph (A) shall remain 

23 available to the Secretary until expended for 

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1 tus or for adjustment of status under this sec2 tion or section 2211. 

3 (4) DOCUMENTATION OF WORK HISTORY.— 

4 (A) BURDEN OF PROOF.—An alien apply5 ing for blue card status under this section or 

6 for adjustment of status under subsection (a) 

7 has provided evidence that the alien has worked 

8 the requisite number of hours or days required 

9 under section 2211(a)(1) or subsection (a)(3), 

10 as applicable. 

11 (B) TIMELY PRODUCTION OF RECORDS.— 

12 If an employer or farm labor contractor employ13 ing such an alien has kept proper and adequate 

14 records respecting such employment, the alien’s 

15 burden of proof under subparagraph (A) may 

16 be met by securing timely production of those 

17 records under regulations to be promulgated by 

18 the Secretary. 

19 (C) SUFFICIENT EVIDENCE.—An alien 

20 may meet the burden of proof under subpara21 graph (A) to establish that the alien has per22 formed the days or hours of work referred to in 

23 subparagraph (A) by producing sufficient evi24 dence to show the extent of that employment as 

25 a matter of just and reasonable inference. 


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1 (f) LIMITATION ON ACCESS TO INFORMATION.—Files 

2 and records collected or compiled by a qualified designated 

3 entity for the purposes of this section are confidential. The 

4 Secretary may not have access to such a file or record 

5 relating to an alien without the consent of the alien, except 

6 as allowed by a court order issued pursuant to subsection 

7 (g). 

8 (g) CONFIDENTIALITY OF INFORMATION.—Except as 

9 otherwise provided in this section, the Secretary or any 

10 other official or employee of the Department may not— 

11 (1) use information furnished by the applicant 

12 pursuant to an application filed under this subtitle, 

13 the information provided by an applicant to a quali14 fied designated entity, or any information provided 

15 by an employer or former employer for any purpose 

16 other than to make a determination on the applica17 tion or for imposing the penalties described in sub18 section (h); 

19 (2) make any publication in which the informa20 tion furnished by any particular individual can be 

21 identified; or 

22 (3) permit a person other than a sworn officer 

23 or employee of the Department or, with respect to 

24 applications filed with a qualified designated entity, 


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1 that qualified designated entity, to examine indi2 vidual applications. 

3 (h) PENALTIES FOR FALSE STATEMENTS IN APPLI4 CATIONS.— 

5 (1) CRIMINAL PENALTY.—Any person who— 

6 (A) files an application for blue card status 

7 under section 2211 or an adjustment of status 

8 under this section and knowingly and willfully 

9 falsifies, conceals, or covers up a material fact 

10 or makes any false, fictitious, or fraudulent 

11 statements or representations, or makes or uses 

12 any false writing or document knowing the 

13 same to contain any false, fictitious, or fraudu14 lent statement or entry; or 

15 (B) creates or supplies a false writing or 

16 document for use in making such an applica17 tion, 

18 shall be fined in accordance with title 18, United 

19 States Code, imprisoned not more than 5 years, or 

20 both. 

21 (2) INADMISSIBILITY.—An alien who is con22 victed of a crime under paragraph (1) shall be 

23 deemed inadmissible to the United States on the 

24 ground described in section 212(a)(6)(C)(i) of the 


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1 Immigration and Nationality Act (8 U.S.C. 

2 1182(a)(6)(C)(i)). 

3 (3) DEPOSIT.—Fines collected under paragraph 

4 (1) shall be deposited into the Comprehensive Immi5 gration Reform Trust Fund established under sec6 tion 6(a)(1). 

7 (i) ELIGIBILITY FOR LEGAL SERVICES.—Section 

8 504(a)(11) of the Departments of Commerce, Justice, and 

9 State, the Judiciary, and Related Agencies Appropriations 

10 Act, 1996 (Public Law 104–134; 110 Stat. 1321–55) may 

11 not be construed to prevent a recipient of funds under the 

12 Legal Services Corporation Act (42 U.S.C. 2996 et seq.) 

13 from providing legal assistance directly related to an appli14 cation for blue card status under section 2211 or an ad15 justment of status under this section. 

16 SEC. 2213. USE OF INFORMATION. 

17 Beginning not later than the first day of the applica18 tion period described in section 2211(c)(1), the Secretary, 

19 in cooperation with qualified designated entities, shall 

20 broadly disseminate information respecting the benefits 

21 that aliens may receive under this subchapter and the re22 quirements that an alien is required to meet to receive 

23 such benefits. 


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1 SEC. 2214. REPORTS ON BLUE CARDS. 

2 Not later than September 30, 2013, and annually 

3 thereafter for the next 8 years, the Secretary shall submit 

4 a report to Congress that identifies, for the previous fiscal 

5 year— 

6 (1) the number of aliens who applied for blue 

7 card status; 

8 (2) the number of aliens who were granted blue 

9 card status; 

10 (3) the number of aliens who applied for an ad11 justment of status pursuant to section 2212(a); and 

12 (4) the number of aliens who received an ad13 justment of status pursuant section 2212(a). 

14 SEC. 2215. AUTHORIZATION OF APPROPRIATIONS. 

15 There are authorized to be appropriated to the Sec16 retary such sums as may be necessary to implement this 

17 subpart, including any sums needed for costs associated 

18 with the initiation of such implementation, for fiscal years 

19 2013 and 2014. 

20 Subchapter B—Correction of Social Security 

21 Records 

22 SEC. 2221. CORRECTION OF SOCIAL SECURITY RECORDS. 

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

24 Security Act (42 U.S.C. 408(e)(1)) is amended— 

25 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

26 the end; 


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1 (2) in subparagraph (C), by inserting ‘‘or’’ at 

2 the end; 

3 (3) by inserting after subparagraph (C) the fol4 lowing: 

5 ‘‘(D) who is granted blue card status 

6 under the Agricultural Worker Program Act of 

7 2013,’’; and 

8 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

9 in the case of an alien described in subparagraph 

10 (D), if such conduct is alleged to have occurred be11 fore the date on which the alien was granted blue 

12 card status under section 2211(a) of the Agricul13 tural Worker Program Act of 2013.’’. 

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

15 subsection (a) shall take effect on the first day of the sev16 enth month that begins after the date of the enactment 

17 of this Act. 

18 CHAPTER 2—NONIMMIGRANT 

19 AGRICULTURAL VISA PROGRAM 

20 SEC. 2231. NONIMMIGRANT CLASSIFICATION FOR NON21 IMMIGRANT AGRICULTURAL WORKERS. 

22 Section 101(a)(15) of the Immigration and Nation23 ality Act (8 U.S.C. 1101(a)(15)) is amended— 

24 (1) in subparagraph (U), by striking ‘‘or’’ at 

25 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) an alien having a residence in a for5 eign country who is coming to the United 

6 States for a temporary period— 

7 ‘‘(iii)(I) to perform services or labor in 

8 agricultural employment and who has a 

9 written contract that specifies the wages, 

10 benefits, and working conditions of such 

11 full-time employment in an agricultural oc12 cupation with a designated agricultural 

13 employer for a specified period of time; 

14 ‘‘(II) who meets the requirements 

15 under section 218A for a nonimmigrant 

16 visa described in this clause; and 

17 ‘‘(III) with respect to whom the Sec18 retary of Agriculture has notified the Sec19 retary of Homeland Security and the Sec20 retary of State that the intending employer 

21 has accepted the terms and conditions of 

22 such employment for such a nonimmigrant; 

23 or 

24 ‘‘(iv)(I) to perform services or labor in 

25 agricultural employment and who has an 


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1 offer of full-time employment in an agricul2 tural occupation from a designated agricul3 tural employer for such employment and is 

4 not described in clause (i); 

5 ‘‘(II) who meets the requirements 

6 under section 218A for a nonimmigrant 

7 visa described in this clause; and 

8 ‘‘(III) with respect to whom the Sec9 retary of Agriculture has notified the Sec10 retary of Homeland Security and the Sec11 retary of State that the intending employer 

12 has accepted the terms and conditions of 

13 such employment for such a non14 immigrant.’’. 

15 SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICUL16 TURAL WORKER PROGRAM. 

17 (a) IN GENERAL.—Chapter 2 of title II of the Immi18 gration and Nationality Act (8 U.S.C. 211 et seq.) is 

19 amended by adding at the end the following: 

20 ‘‘SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PRO21 GRAM. 

22 ‘‘(a) DEFINITIONS.—In this section and in section 

23 101(a)(15)(W): 

24 ‘‘(1) AGRICULTURAL EMPLOYMENT.—The term 

25 ‘agricultural employment’— 


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1 ‘‘(A) subject to subparagraph (B) has the 

2 meaning given such term in section 3 of the Mi3 grant and Seasonal Agricultural Worker Protec4 tion Act (29 U.S.C. 1802), without regard to 

5 whether the specific service or activity is tem6 porary or seasonal; and 

7 ‘‘(B) includes farming in all its branches, 

8 the cultivation and tillage of the soil, dairying, 

9 the production, cultivation, growing, and har10 vesting of any agricultural or horticultural com11 modities, the raising of livestock, bees, fur-bear12 ing animals, or poultry, and any practices (in13 cluding any forestry or lumbering operations) 

14 performed by a farmer or on a farm as an inci15 dent to, or in conjunction with, such farming 

16 operations, including preparation for market, 

17 delivery to storage or to market or to carriers 

18 for transportation to market. 

19 ‘‘(2) AT-WILL AGRICULTURAL WORKER.—The 

20 term ‘at-will agricultural worker’ means an alien 

21 present in the United States pursuant to section 

22 101(a)(15)(W)(iv). 

23 ‘‘(3) BLUE CARD.—The term ‘blue card’ means 

24 an employment authorization and travel document 

25 issued to an alien granted blue card status under 


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1 section 2211(a) of the Agricultural Job Opportuni2 ties, Benefits, and Security Act of 2013. 

3 ‘‘(4) CONTRACT AGRICULTURAL WORKER.—The 

4 term ‘contract agricultural worker’ means an alien 

5 present in the United States pursuant to section 

6 101(a)(15)(W)(iii). 

7 ‘‘(5) DESIGNATED AGRICULTURAL EM8 PLOYER.—The term ‘designated agricultural em9 ployer’ means an employer who is registered with 

10 the Secretary of Agriculture pursuant to subsection 

11 (e)(1). 

12 ‘‘(6) ELECTRONIC JOB REGISTRY.—The term 

13 ‘Electronic Job Registry’ means the Electronic Job 

14 Registry of a State workforce agency (or similar suc15 cessor registry). 

16 ‘‘(7) EMPLOYER.—Except as otherwise pro17 vided, the term ‘employer’ means any person or enti18 ty, including any farm labor contractor and any ag19 ricultural association, that employs workers in agri20 cultural employment. 

21 ‘‘(8) NONIMMIGRANT AGRICULTURAL WORK22 ER.—The term ‘nonimmigrant agricultural worker’ 

23 mean a nonimmigrant described in clause (iii) or (iv) 

24 of section 101(a)(15)(W). 


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1 ‘‘(9) PROGRAM.—The term ‘Program’ means 

2 the Nonimmigrant Agricultural Worker Program es3 tablished under subsection (b). 

4 ‘‘(10) SECRETARY.—Except as otherwise spe5 cifically provided, the term ‘Secretary’ means the 

6 Secretary of Agriculture. 

7 ‘‘(11) UNITED STATES WORKER.—The term 

8 ‘United States worker’ means an individual who— 

9 ‘‘(A) is a national of the United States; or 

10 ‘‘(B) is an alien who— 

11 ‘‘(i) is lawfully admitted for perma12 nent residence; 

13 ‘‘(ii) is admitted as a refugee under 

14 section 207; 

15 ‘‘(iii) is granted asylum under section 

16 208; 

17 ‘‘(iv) holds an blue card; or 

18 ‘‘(v) is an immigrant otherwise au19 thorized by this Act or by the Secretary of 

20 Homeland Security to be employed in the 

21 United States. 

22 ‘‘(b) REQUIREMENTS.— 

23 ‘‘(1) EMPLOYER.—An employer may not employ 

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1 tural employer and complies with the terms of this 

2 section. 

3 ‘‘(2) WORKER.—An alien may not be employed 

4 for agricultural employment under the Program un5 less such alien is a nonimmigrant agricultural work6 er and complies with the terms of this section. 

7 ‘‘(c) NUMERICAL LIMITATION.— 

8 ‘‘(1) FIRST 5 YEARS OF PROGRAM.— 

9 ‘‘(A) IN GENERAL.—Subject to paragraph 

10 (2), the worldwide level of visas for non11 immigrant agricultural workers for the fiscal 

12 year during which the first visa is issued to a 

13 nonimmigrant agricultural worker and for each 

14 of the following 4 fiscal years shall be equal 

15 to— 

16 ‘‘(i) 112,333; and 

17 ‘‘(ii) the numerical adjustment made 

18 by the Secretary for such fiscal year in ac19 cordance with paragraph (2). 

20 ‘‘(B) QUARTERLY ALLOCATION.—The an21 nual allocation of visas described in subpara22 graph (A) shall be evenly allocated between the 

23 4 quarters of the fiscal year unless the Sec24 retary determines that an alternative allocation 

25 would better accommodate the seasonal demand 


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1 for visas. Any unused visas in a quarter shall 

2 be added to the allocation for the subsequent 

3 quarter of the same fiscal year. 

4 ‘‘(C) EFFECT OF 2ND OR SUBSEQUENT

5 DESIGNATED AGRICULTURAL EMPLOYER.—A 

6 nonimmigrant agricultural worker who has a 

7 valid visa issued under this section that counted 

8 against the allocation described in subpara9 graph (A) shall not be recounted against the al10 location if the worker is petitioned for by a sub11 sequent designated agricultural employer. 

12 ‘‘(2) ANNUAL ADJUSTMENTS FOR FIRST 5

13 YEARS OF PROGRAM.— 

14 ‘‘(A) IN GENERAL.—The Secretary, after 

15 reviewing relevant evidence submitted by agri16 cultural producers and organizations rep17 resenting agricultural workers, may increase or 

18 decrease, as appropriate, the worldwide level of 

19 visas under paragraph (1) for each of the 5 fis20 cal years referred to in paragraph (1) based on 

21 the following factors: 

22 ‘‘(i) A demonstrated shortage of agri23 cultural workers. 


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1 ‘‘(ii) The level of unemployment and 

2 underemployment of agricultural workers 

3 during the preceding fiscal year. 

4 ‘‘(iii) The number of applications for 

5 blue card status. 

6 ‘‘(iv) The number of blue card visa 

7 applications approved. 

8 ‘‘(v) The number of nonimmigrant ag9 ricultural workers sought by employers 

10 during the preceding fiscal year. 

11 ‘‘(vi) The estimated number of United 

12 States workers, including blue card work13 ers, who worked in agriculture during the 

14 preceding fiscal year. 

15 ‘‘(vii) The number of nonimmigrant 

16 agricultural workers issued a visa in the 

17 most recent fiscal year who remain in the 

18 United States in compliance with the terms 

19 of such visa. 

20 ‘‘(viii) The number of United States 

21 workers who accepted jobs offered by em22 ployers using the Electronic Job Registry 

23 during the preceding fiscal year. 

24 ‘‘(ix) Any growth or contraction of the 

25 United States agricultural industry that 


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1 has increased or decreased the demand for 

2 agricultural workers. 

3 ‘‘(x) Any changes in the real wages 

4 paid to agricultural workers in the United 

5 States as an indication of a shortage or 

6 surplus of agricultural labor. 

7 ‘‘(B) NOTIFICATION; IMPLEMENTATION.— 

8 The Secretary shall notify the Secretary of 

9 Homeland Security of any change to the world10 wide level of visas for nonimmigrant agricul11 tural workers. The Secretary of Homeland Se12 curity shall implement such changes. 

13 ‘‘(C) EMERGENCY PROCEDURES.—The 

14 Secretary shall establish, by regulation, proce15 dures for immediately adjusting an annual allo16 cation under paragraph (1) for severe labor 

17 shortages, as determined by the Secretary. 

18 ‘‘(3) SIXTH AND SUBSEQUENT YEARS OF PRO19 GRAM.—The Secretary, in consultation with the Sec20 retary of Labor, shall establish the worldwide level 

21 of visas for nonimmigrant agricultural workers for 

22 each fiscal year following the fiscal years referred to 

23 in paragraph (1) after considering appropriate fac24 tors, including— 


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•S 744 IS

1 ‘‘(A) a demonstrated shortage of agricul2 tural workers; 

3 ‘‘(B) the level of unemployment and under4 employment of agricultural workers during the 

5 preceding fiscal year; 

6 ‘‘(C) the number of applications for blue 

7 card status; 

8 ‘‘(D) the number of blue card visa applica9 tions approved; 

10 ‘‘(E) the number of nonimmigrant agricul11 tural workers sought by employers during the 

12 preceding fiscal year; 

13 ‘‘(F) the estimated number of United 

14 States workers, including blue card workers, 

15 who worked in agriculture during the preceding 

16 fiscal year; 

17 ‘‘(G) the number of nonimmigrant agricul18 tural workers issued a visa in the most recent 

19 fiscal year who remain in the United States in 

20 compliance with the terms of such visa; 

21 ‘‘(H) the number of United States workers 

22 who accepted jobs offered by employers using 

23 the Electronic Job Registry during the pre24 ceding fiscal year; 


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•S 744 IS

1 ‘‘(I) any growth or contraction of the 

2 United States agricultural industry that has in3 creased or decreased the demand for agricul4 tural workers; and 

5 ‘‘(J) any changes in the real wages paid to 

6 agricultural workers in the United States as an 

7 indication of a shortage or surplus of agricul8 tural labor. 

9 ‘‘(d) REQUIREMENTS FOR NONIMMIGRANT AGRICUL10 TURAL WORKERS.— 

11 ‘‘(1) ELIGIBILITY FOR NONIMMIGRANT AGRI12 CULTURAL WORKER STATUS.— 

13 ‘‘(A) IN GENERAL.—An alien is not eligible 

14 to be admitted to the United States as a non15 immigrant agricultural worker if the alien— 

16 ‘‘(i) violated a material term or condi17 tion of a previous admission as a non18 immigrant agricultural worker during the 

19 most recent 3-year period (other than a 

20 contract agricultural worker who volun21 tarily abandons his or her employment be22 fore the end of the contract period or 

23 whose employment is terminated by the 

24 employer for cause); 


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1 ‘‘(ii) has not obtained successful clear2 ance of any security and criminal back3 ground checks required by the Secretary of 

4 Homeland Security or any other examina5 tion required under this Act; or 

6 ‘‘(iii)(I) departed from the United 

7 States while subject to an order of exclu8 sion, deportation, or removal, or pursuant 

9 to an order of voluntary departure; and 

10 ‘‘(II)(aa) is outside of the United 

11 States; or 

12 ‘‘(bb) has reentered the United States 

13 illegally after December 31, 2012 without 

14 receiving consent to the alien’s reapplica15 tion for admission under section 212(a)(9). 

16 ‘‘(B) WAIVER.—The Secretary may waive 

17 the application of subparagraph (A)(iii) on be18 half of an alien if the alien— 

19 ‘‘(i) is the spouse or child of a United 

20 States citizen or lawful permanent resi21 dent; 

22 ‘‘(ii) is the parent of a child who is a 

23 United States citizen or lawful permanent 

24 resident; 


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•S 744 IS

1 ‘‘(iii) meets the requirements set forth 

2 in clause (ii) or (iii) of section 

3 245D(b)(1)(A); or 

4 ‘‘(iv)(I) meets the requirements set 

5 forth in section 245D(b)(1)(A)(ii); 

6 ‘‘(II) is 16 years or older on the date 

7 on which the alien applies for non8 immigrant agricultural status; and 

9 ‘‘(III) was physically present in the 

10 United States for an aggregate period of 

11 not less than 3 years during the 6-year pe12 riod immediately preceding the date of the 

13 enactment of this section. 

14 ‘‘(2) TERM OF STAY FOR NONIMMIGRANT AGRI15 CULTURAL WORKERS.— 

16 ‘‘(A) IN GENERAL.— 

17 ‘‘(i) INITIAL ADMISSION.—A non18 immigrant agricultural worker may be ad19 mitted into the United States in such sta20 tus for an initial period of 3 years. 

21 ‘‘(ii) RENEWAL.—A nonimmigrant ag22 ricultural worker may renew such worker’s 

23 period of admission in the United States 

24 for 1 additional 3-year period. 


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1 ‘‘(B) BREAK IN PRESENCE.—A non2 immigrant agricultural worker who has been 

3 admitted to the United States for 2 consecutive 

4 periods under subparagraph (A) is ineligible to 

5 renew the alien’s nonimmigrant agricultural 

6 worker status until such alien— 

7 ‘‘(i) returns to a residence outside the 

8 United States for a period of not less than 

9 3 months; and 

10 ‘‘(ii) seeks to reenter the United 

11 States under the terms of the Program as 

12 a nonimmigrant agricultural worker. 

13 ‘‘(3) LOSS OF STATUS.— 

14 ‘‘(A) IN GENERAL.—An alien admitted as 

15 a nonimmigrant agricultural worker shall be in16 eligible for such status and shall be required to 

17 depart the United States if such alien— 

18 ‘‘(i) after the completion of his or her 

19 contract with a designated agricultural em20 ployer, is not employed in agricultural em21 ployment by a designated agricultural em22 ployer; or 

23 ‘‘(ii) is an at-will agricultural worker 

24 and is not continuously employed by a des25 ignated agricultural employer in agriculVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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•S 744 IS

1 tural employment as an at-will agricultural 

2 worker. 

3 ‘‘(B) EXCEPTION.—Subject to subpara4 graph (C), a nonimmigrant agricultural worker 

5 has not violated subparagraph (A) if the con6 tract agricultural worker is not employed in ag7 ricultural employment for a period not to ex8 ceed 60 days. 

9 ‘‘(C) WAIVER.—Notwithstanding subpara10 graph (B), the Secretary of Homeland Security 

11 may waive the application of clause (i) or (ii) of 

12 subparagraph (A) for a nonimmigrant agricul13 tural worker who was not employed in agricul14 tural employment for a period of more than 60 

15 days if such period of unemployment was due 

16 to— 

17 ‘‘(i) the injury of such worker; or 

18 ‘‘(ii) a natural disaster declared by 

19 the Secretary. 

20 ‘‘(D) TOLLING OF EMPLOYMENT REQUIRE21 MENT.—A nonimmigrant agricultural worker 

22 may leave the United States for up to 60 days 

23 in any fiscal year while in such status. During 

24 the period in which the worker is outside of the 


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•S 744 IS

1 United States, the 60-day limit specified in sub2 paragraph (B) shall be tolled. 

3 ‘‘(4) PORTABILITY OF STATUS.— 

4 ‘‘(A) CONTRACT AGRICULTURAL WORK5 ERS.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clause (ii), an alien who entered 

8 the United States as a contract agricul9 tural worker may— 

10 ‘‘(I) seek employment as a non11 immigrant agricultural worker with a 

12 designated agricultural employer other 

13 than the designated agricultural em14 ployer with whom the employee had a 

15 contract described in section 

16 101(a)(15)(W)(ii)(I); and 

17 ‘‘(II) accept employment with 

18 such new employer after the date the 

19 contract agricultural worker completes 

20 such contract. 

21 ‘‘(ii) VOLUNTARY ABANDONMENT; 

22 TERMINATION FOR CAUSE.—A contract ag23 ricultural worker who voluntarily abandons 

24 his or her employment before the end of 


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•S 744 IS

1 the contract period or whose employment 

2 is terminated for cause by the employer— 

3 ‘‘(I) may not accept subsequent 

4 employment with another designated 

5 agricultural employer without first de6 parting the United States and reen7 tering pursuant to a new offer of em8 ployment; and 

9 ‘‘(II) is not entitled to the 75 

10 percent payment guarantee described 

11 in subsection (e)(4)(B). 

12 ‘‘(iii) TERMINATION BY MUTUAL

13 AGREEMENT.—The termination of an em14 ployment contract by mutual agreement of 

15 the designated agricultural employer and 

16 the contract agricultural worker shall not 

17 be considered voluntary abandonment for 

18 purposes of clause (ii). 

19 ‘‘(B) AT-WILL AGRICULTURAL WORK20 ERS.—An alien who entered the United States 

21 as an at-will agricultural worker may seek em22 ployment as an at-will agricultural worker with 

23 any other designated agricultural employer re24 ferred to in section 101(a)(15)(W)(iii)(I). 


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•S 744 IS

1 ‘‘(5) PROHIBITION ON GEOGRAPHIC LIMITA2 TION.—A nonimmigrant visa issued to a non3 immigrant agricultural worker— 

4 ‘‘(A) shall not limit the geographical area 

5 within which such worker may be employed; 

6 ‘‘(B) shall not limit the type of agricultural 

7 employment such worker may perform; and 

8 ‘‘(C) may restrict such worker to employ9 ment with designated agricultural employers. 

10 ‘‘(6) TREATMENT OF SPOUSES AND CHIL11 DREN.—A spouse or child of a nonimmigrant agri12 cultural worker— 

13 ‘‘(A) shall not be entitled to visa or other 

14 immigration status by virtue of the relationship 

15 of such spouse or child to such worker; and 

16 ‘‘(B) may be provided status as a non17 immigrant agricultural worker if the spouse or 

18 child is independently qualified for such status. 

19 ‘‘(e) EMPLOYER REQUIREMENTS.— 

20 ‘‘(1) DESIGNATED AGRICULTURAL EMPLOYER

21 STATUS.— 

22 ‘‘(A) REGISTRATION REQUIREMENT.— 

23 Each employer seeking to employ nonimmigrant 

24 agricultural workers shall register for des25 ignated agricultural employer status by submitVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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•S 744 IS

1 ting to the Secretary, through the Farm Service 

2 Agency in the geographic area of the employer 

3 or electronically to the Secretary, a registration 

4 that includes— 

5 ‘‘(i) the employer’s employer identi6 fication number; and 

7 ‘‘(ii) a registration fee, in an amount 

8 determined by the Secretary. 

9 ‘‘(B) CRITERIA.—The Secretary shall 

10 grant designated agricultural employer status to 

11 an employer who submits an registration for 

12 such status that includes— 

13 ‘‘(i) documentation that the employer 

14 is engaged in agriculture; 

15 ‘‘(ii) the estimated number of non16 immigrant agricultural workers the em17 ployer will need each year; 

18 ‘‘(iii) the anticipated periods during 

19 which the employer will need such workers; 

20 and 

21 ‘‘(iv) documentation establishing need 

22 for a specified agricultural occupation or 

23 occupations. 

24 ‘‘(C) DESIGNATION.— 


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•S 744 IS

1 ‘‘(i) REGISTRATION NUMBER.—The 

2 Secretary shall assign each employer that 

3 meets the criteria established pursuant to 

4 subparagraph (B) with a designated agri5 cultural employer registration number. 

6 ‘‘(ii) TERM OF DESIGNATION.—Each 

7 employer granted designated agricultural 

8 employer status under this paragraph shall 

9 retain such status for a term of 3 years. 

10 ‘‘(D) ASSISTANCE.—In carrying out the 

11 functions described in this subsection, the Sec12 retary may work through the Farm Service 

13 Agency, or any other agency in the Department 

14 of Agriculture— 

15 ‘‘(i) to assist agricultural employers 

16 with the registration process under this 

17 paragraph by providing such employers 

18 with— 

19 ‘‘(I) technical assistance and ex20 pertise; 

21 ‘‘(II) internet access for submit22 ting such applications; and 

23 ‘‘(III) a nonelectronic means for 

24 submitting such registrations; and 


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•S 744 IS

1 ‘‘(ii) to provide resources about the 

2 Program, including best practices and 

3 compliance related assistance and re4 sources or training to assist in retention of 

5 such workers to agricultural employers. 

6 ‘‘(E) DEPOSIT OF REGISTRATION FEE.— 

7 All registration fees collected under subpara8 graph (A)(ii) shall be deposited in the Com9 prehensive Immigration Reform Trust Fund es10 tablished under section 6(a)(1) of the Border 

11 Security, Economic Opportunity, and Immigra12 tion Modernization Act. 

13 ‘‘(2) NONIMMIGRANT AGRICULTURAL WORKER

14 PETITION PROCESS.— 

15 ‘‘(A) IN GENERAL.—Not later than 45 

16 days before the date on which nonimmigrant 

17 agricultural workers are needed, a designated 

18 agricultural employer seeking to employ such 

19 workers shall submit a petition to the Secretary 

20 of Homeland Security that includes the employ21 er’s designated agricultural employer registra22 tion number. 

23 ‘‘(B) ATTESTATION.—An application sub24 mitted under subparagraph (A) shall include an 

25 attestation of the following 


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•S 744 IS

1 ‘‘(i) the number of named or unnamed 

2 nonimmigrant agricultural workers the 

3 designated agricultural employer is seeking 

4 to employ during the applicable period of 

5 employment; 

6 ‘‘(ii) the total number of contract ag7 ricultural workers and of at-will agricul8 tural workers the employer will require for 

9 each occupational category; 

10 ‘‘(iii) the anticipated period, including 

11 expected beginning and ending dates, dur12 ing which such employees will be needed; 

13 ‘‘(iv) evidence of contracts or written 

14 disclosures of employment terms and con15 ditions in accordance with the Migrant and 

16 Seasonal Agricultural Worker Protection 

17 Act (29 U.S.C. 1801 et seq.), which have 

18 been provided to the nonimmigrant agricul19 tural workers, or a sample of such contract 

20 or disclosure for unnamed workers; 

21 ‘‘(v) the information submitted to the 

22 State workforce agency pursuant to para23 graph (3)(A)(i); 


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•S 744 IS

1 ‘‘(vi) the record of United States 

2 workers described in paragraph (3)(A)(iv) 

3 on the date of the request; 

4 ‘‘(vii) evidence of offers of employ5 ment made to United States workers as re6 quired under paragraph (3)(B); and 

7 ‘‘(viii) that the employer has complied 

8 with the conditions pursuant to (4)(A) and 

9 (4)(B). 

10 ‘‘(C) EMPLOYMENT AUTHORIZATION WHEN

11 CHANGING EMPLOYERS.—Nonimmigrant agri12 cultural workers in the United States who are 

13 identified in a petition submitted pursuant to 

14 subparagraph (A) and are in lawful status may 

15 commence employment with their designated 

16 agricultural employer after such employer has 

17 submitted such petition to the Secretary of 

18 Homeland Security. 

19 ‘‘(3) EMPLOYMENT OF UNITED STATES WORK20 ERS.— 

21 ‘‘(A) RECRUITMENT.— 

22 ‘‘(i) FILING A JOB OFFER WITH THE

23 LOCAL OFFICE OF THE STATE WORKFORCE

24 AGENCY.—Not later than 60 days before 

25 the date on which the employer desires to 


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•S 744 IS

1 employ a nonimmigrant agricultural work2 er, the employer shall submit the job post3 ing for such worker to the local office of 

4 the State workforce agency where the job 

5 site is located and authorize the posting of 

6 the job opportunity on ‘America’s Job 

7 Bank’ or other Electronic Job Registry for 

8 a period of 45 days. Nothing in this clause 

9 may be construed to require the employer 

10 to file an interstate job order under section 

11 653.500 of title 20, Code of Federal Regu12 lations. 

13 ‘‘(ii) CONSTRUCTION.—Nothing in 

14 clause (i) may be construed to cause a list15 ing referred to in clause (i) to be treated 

16 as an interstate job order under section 

17 653.500 of title 20, Code of Federal Regu18 lations (or similar successor regulation). 

19 ‘‘(iii) RECORD OF UNITED STATES

20 WORKERS.—An employer shall keep a 

21 record of all eligible, able, willing, and 

22 qualified United States workers who apply 

23 for agricultural employment with the em24 ployer for the agricultural employment for 


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•S 744 IS

1 which the nonimmigrant agricultural non2 immigrant workers are sought. 

3 ‘‘(B) REQUIREMENT TO HIRE.— 

4 ‘‘(i) UNITED STATES WORKERS.—An 

5 employer may not seek a nonimmigrant ag6 ricultural worker for agricultural employ7 ment unless the employer offers such em8 ployment to any equally or better qualified 

9 United States worker who will be available 

10 at the time and place of need and who ap11 plies for such employment during the re12 cruitment period. 

13 ‘‘(ii) BLUE CARD STATUS.—Except as 

14 provided in clause (iii), the employer shall, 

15 for each job to be filled by a nonimmigrant 

16 agricultural worker, offer the job to any el17 igible alien with blue card status who— 

18 ‘‘(I) applies for such job; 

19 ‘‘(II) is equally or better qualified 

20 for the job; and 

21 ‘‘(III) will be available at the 

22 time and place of need. 

23 ‘‘(iii) EXCEPTION.—Notwithstanding 

24 clauses (i) and (ii), the employer may hire 

25 a nonimmigrant described in section 


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•S 744 IS

1 101(a)(15)(H)(ii)(a) for agricultural em2 ployment if— 

3 ‘‘(I) such worker worked for the 

4 employer for 3 years during the 4- 

5 year period ending on the date on 

6 which the program authorized under 

7 section 218 (as in effect on the date 

8 of the enactment of the Agricultural 

9 Worker Program Act of 2013) is ter10 minated; and 

11 ‘‘(II) the employer pays such 

12 worker the adverse effect wage rate 

13 calculated under subsection (f)(5). 

14 ‘‘(4) ADDITIONAL PROGRAM REQUIREMENTS

15 FOR DESIGNATED AGRICULTURAL EMPLOYERS.— 

16 Each designated agricultural employer shall comply 

17 with the following requirements: 

18 ‘‘(A) NO DISPLACEMENT OF UNITED

19 STATES WORKERS.— 

20 ‘‘(i) IN GENERAL.—The employer 

21 shall not displace a United States worker 

22 employed by the employer, other than for 

23 good cause, during the period of employ24 ment of the nonimmigrant agricultural 

25 worker and for a period of 30 days preVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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•S 744 IS

1 ceding such period in the occupation and 

2 at the location of employment for which 

3 the employer seeks to employ non4 immigrant agricultural workers. 

5 ‘‘(ii) LABOR DISPUTE.—The employer 

6 shall not employ a nonimmigrant agricul7 tural worker for a specific job for which 

8 the employer is requesting a nonimmigrant 

9 agricultural worker because the former oc10 cupant of the job is on strike or being 

11 locked out in the course of a labor dispute. 

12 ‘‘(B) GUARANTEE OF EMPLOYMENT FOR

13 CONTRACT AGRICULTURAL WORKERS.— 

14 ‘‘(i) OFFER TO CONTRACT WORKER.— 

15 The employer shall guarantee to offer con16 tract agricultural workers employment for 

17 the hourly equivalent of at least 75 percent 

18 of the work days of the total period of em19 ployment, beginning with the first work 

20 day after the arrival of the worker at the 

21 place of employment and ending on the ex22 piration date specified in the job offer. In 

23 this clause, the term ‘hourly equivalent’ 

24 means the number of hours in the work 

25 days as stated in the job offer and shall exVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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•S 744 IS

1 clude the worker’s Sabbath and Federal 

2 holidays. If the employer affords the con3 tract agricultural worker less employment 

4 than the number of hours required under 

5 this subparagraph, the employer shall pay 

6 such worker the amount the worker would 

7 have earned had the worker worked the 

8 guaranteed number of hours. 

9 ‘‘(ii) FAILURE TO WORK.—Any hours 

10 which the worker fails to work, up to a 

11 maximum of the number of hours specified 

12 in the job offer for a work day, when the 

13 worker has been offered an opportunity to 

14 do so, and all hours of work actually per15 formed (including voluntary work in excess 

16 of the number of hours specified in the job 

17 offer in a work day, on the worker’s Sab18 bath, or on Federal holidays) may be 

19 counted by the employer in calculating 

20 whether the period of guaranteed employ21 ment has been met. 

22 ‘‘(iii) CONTRACT IMPOSSIBILITY.—If, 

23 before the expiration of the period of em24 ployment specified in the job offer, the 

25 services of a contract agricultural worker 


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•S 744 IS

1 are no longer required for reasons beyond 

2 the control of the employer due to any 

3 form of natural disaster, including a flood, 

4 hurricane, freeze, earthquake, fire, 

5 drought, plant or animal disease or pest 

6 infestation, or regulatory drought, before 

7 the guarantee in subparagraph (A) is ful8 filled, the employer— 

9 ‘‘(I) may terminate the worker’s 

10 employment; 

11 ‘‘(II) shall fulfill the employment 

12 guarantee described in subparagraph 

13 (B) for the work days that have 

14 elapsed from the first work day after 

15 the arrival of the worker to the termi16 nation of employment; 

17 ‘‘(III) shall make efforts to 

18 transfer the worker to other com19 parable employment acceptable to the 

20 worker; and 

21 ‘‘(IV) if such a transfer does not 

22 take place, shall provide the return 

23 transportation required under sub24 paragraph (J). 

25 ‘‘(C) WORKERS’ COMPENSATION.— 


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•S 744 IS

1 ‘‘(i) REQUIREMENT TO PROVIDE.—If 

2 a job referred to in paragraph (3) is not 

3 covered by the State workers’ compensa4 tion law, the employer shall provide, at no 

5 cost to the nonimmigrant agricultural 

6 worker, insurance covering injury and dis7 ease arising out of, and in the course of, 

8 such job. 

9 ‘‘(ii) BENEFITS.—The insurance re10 quired to be provided under clause (i) shall 

11 provide benefits at least equal to those pro12 vided under and pursuant to State’s work13 ers’ compensation law for comparable em14 ployment. 

15 ‘‘(D) PROHIBITION FOR USE FOR NON16 AGRICULTURAL SERVICES.—The employer may 

17 not employ a nonimmigrant agricultural worker 

18 for employment other than agricultural employ19 ment. 

20 ‘‘(E) WAGES.—The employer shall pay the 

21 wage required under subsection (f). 

22 ‘‘(F) DEDUCTION OF WAGES.—The em23 ployer shall make only deductions from a non24 immigrant agricultural worker’s wages that are 

25 authorized by law or are reasonable and cusVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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•S 744 IS

1 tomary in the occupation and area of employ2 ment of such worker. 

3 ‘‘(G) REQUIREMENT TO PROVIDE HOUSING

4 OR A HOUSING ALLOWANCE.— 

5 ‘‘(i) IN GENERAL.—Except as pro6 vided in clauses (iv) and (v), a designated 

7 agricultural employer shall offer to provide 

8 a nonimmigrant agricultural worker with 

9 housing in accordance with clause (ii) or 

10 (iii). 

11 ‘‘(ii) HOUSING.—An employer may 

12 provide housing to a nonimmigrant agricul13 tural worker that meets— 

14 ‘‘(I) applicable Federal standards 

15 for temporary labor camps; or 

16 ‘‘(II) applicable local standards 

17 (or, in the absence of applicable local 

18 standards, State standards) for rental 

19 or public accommodation housing or 

20 other substantially similar class of 

21 habitation. 

22 ‘‘(iii) HOUSING PAYMENTS.— 

23 ‘‘(I) PUBLIC HOUSING.—If the 

24 employer arranges public housing for 

25 nonimmigrant agricultural workers 


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•S 744 IS

1 through a State, county, or local gov2 ernment program and such public 

3 housing units normally require pay4 ments from tenants, such payments 

5 shall be made by the employer directly 

6 to the landlord. 

7 ‘‘(II) DEPOSITS.—Deposits for 

8 bedding or other similar incidentals 

9 related to housing shall not be col10 lected from workers by employers who 

11 provide housing for such workers. 

12 ‘‘(III) DAMAGES.—The employer 

13 may require any worker who is re14 sponsible for damage to housing that 

15 did not result from normal wear and 

16 tear related to habitation to reimburse 

17 the employer for the reasonable cost 

18 of repairing such damage. 

19 ‘‘(iv) HOUSING ALLOWANCE ALTER20 NATIVE.— 

21 ‘‘(I) IN GENERAL.—The employer 

22 may provide a reasonable housing al23 lowance instead of providing housing 

24 under clause (i). Upon the request of 

25 a worker seeking assistance in locatVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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•S 744 IS

1 ing housing, the employer shall make 

2 a good faith effort to assist the work3 er in identifying and locating housing 

4 in the area of intended employment. 

5 An employer who offers a housing al6 lowance to a worker or assists a work7 er in locating housing, which the 

8 worker occupies shall not be deemed a 

9 housing provided under section 203 of 

10 the Migrant and Seasonal Agricultural 

11 Worker Protection Act (29 U.S.C. 

12 1823) solely by virtue of providing 

13 such housing allowance. No housing 

14 allowance may be used for housing 

15 that is owned or controlled by the em16 ployer. 

17 ‘‘(II) CERTIFICATION REQUIRE18 MENT.—Contract agricultural workers 

19 may only be provided a housing allow20 ance if the Governor of the State in 

21 which the place of employment is lo22 cated certifies to the Secretary that 

23 there is adequate housing available in 

24 the area of intended employment for 

25 migrant farm workers and contract 


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•S 744 IS

1 agricultural workers who are seeking 

2 temporary housing while employed in 

3 agricultural work. Such certification 

4 shall expire after 3 years unless re5 newed by the Governor of the State. 

6 ‘‘(III) AMOUNT OF ALLOW7 ANCE.— 

8 ‘‘(aa) NONMETROPOLITAN

9 COUNTIES.—If the place of em10 ployment of the workers provided 

11 an allowance under this clause is 

12 a nonmetropolitan county, the 

13 amount of the housing allowance 

14 under this clause shall be equal 

15 to the average fair market rental 

16 for existing housing in nonmetro17 politan counties in the State in 

18 which the place of employment is 

19 located, as established by the 

20 Secretary of Housing and Urban 

21 Development pursuant to section 

22 8(c) of the United States Hous23 ing Act of 1937 (42 U.S.C. 

24 1437f(c)), based on a 2-bedroom 


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•S 744 IS

1 dwelling unit and an assumption 

2 of 2 persons per bedroom. 

3 ‘‘(bb) METROPOLITAN

4 COUNTIES.—If the place of em5 ployment of the workers provided 

6 an allowance under this clause is 

7 a metropolitan county, the 

8 amount of the housing allowance 

9 under this clause shall be equal 

10 to the average fair market rental 

11 for existing housing in metropoli12 tan counties in the State in 

13 which the place of employment is 

14 located, as established by the 

15 Secretary of Housing and Urban 

16 Development pursuant to section 

17 8(c) of the United States Hous18 ing Act of 1937 (42 U.S.C. 

19 1437f(c)), based on a 2-bedroom 

20 dwelling unit and an assumption 

21 of 2 persons per bedroom. 

22 ‘‘(v) EXCEPTION FOR COMMUTING

23 WORKERS.—Nothing in this subparagraph 

24 may be construed to require an employer 

25 to provide housing or a housing allowance 


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•S 744 IS

1 to workers who reside outside of the 

2 United States if their place of residence is 

3 within normal commuting distance and the 

4 job site is within 50 miles of an inter5 national land border of the United States. 

6 ‘‘(H) WORKSITE TRANSPORTATION FOR

7 CONTRACT WORKERS.—During the period a 

8 designated agricultural employer employs a con9 tract worker, such employer shall, at the em10 ployer’s option, provide or reimburse the con11 tract worker for the cost of transportation from 

12 the contract worker’s residence in the United 

13 States to the contract worker’s place of employ14 ment. 

15 ‘‘(I) REIMBURSEMENT OF TRANSPOR16 TATION TO PLACE OF EMPLOYMENT.— 

17 ‘‘(i) IN GENERAL.—Except as pro18 vided in subclause (II) a contract agricul19 tural worker who completes at least 27 

20 months under his or her contract with the 

21 same designated agricultural employer 

22 shall be reimbursed by that employer for 

23 the cost of the worker’s transportation and 

24 subsistence from the place of employment 


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1 to the place from which the worker came 

2 from abroad to work for the employer. 

3 ‘‘(ii) LIMITATION.—Except as pro4 vided in clause (iii), the amount of reim5 bursement provided under clause (i) to a 

6 worker shall not exceed the lesser of— 

7 ‘‘(I) the actual cost to the worker 

8 of the transportation and subsistence 

9 involved; or 

10 ‘‘(II) the most economical and 

11 reasonable common carrier transpor12 tation charges and subsistence costs 

13 for the distance involved. 

14 ‘‘(iii) DISTANCE TRAVELED.—The em15 ployer shall not be required to reimburse a 

16 worker under clause (i) if— 

17 ‘‘(I) the distance traveled is 100 

18 miles or less; or 

19 ‘‘(II) the worker is not residing 

20 in employer-provided housing or hous21 ing secured through an allowance de22 scribed in subclause (I)(iv). 

23 ‘‘(J) REIMBURSEMENT OF TRANSPOR24 TATION FROM PLACE OF EMPLOYMENT.— 

25 ‘‘(i) IN GENERAL.— 


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1 ‘‘(I) IN GENERAL.—Except as 

2 provided in subclause (II), a contract 

3 agricultural worker who completes at 

4 least 75 percent of a contract for a 

5 designated agricultural employer shall 

6 be reimbursed by the employer for the 

7 cost of the worker’s transportation 

8 and subsistence from the place of em9 ployment to the place from which the 

10 worker came to work for the em11 ployer. 

12 ‘‘(II) EXCEPTION.—If a contract 

13 agricultural worker was employed by 

14 another designated agricultural work15 er after terminating employment with 

16 the designated agricultural employer 

17 described in subclause (I) and before 

18 returning to the place outside the 

19 United States from which the worker 

20 came, the subsequent designated agri21 cultural employer shall reimburse the 

22 worker for the costs described in sub23 clause (I). 

24 ‘‘(III) SINGLE TRIP.—A contract 

25 agricultural worker is only entitled to 


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1 be reimbursed by a designated agri2 cultural employer under this subpara3 graph for travel to the place from 

4 which the worker came at the time 

5 the worker is leaving the Program. 

6 ‘‘(ii) LIMITATION.—Except as pro7 vided in clause (iii), the amount of reim8 bursement provided under clause (i) to a 

9 worker shall not exceed the lesser of— 

10 ‘‘(I) the actual cost to the worker 

11 of the transportation and subsistence 

12 involved; or 

13 ‘‘(II) the most economical and 

14 reasonable common carrier transpor15 tation charges and subsistence costs 

16 for the distance involved. 

17 ‘‘(iii) DISTANCE TRAVELED.—The em18 ployer shall not be required to reimburse a 

19 worker under clause (i) if— 

20 ‘‘(I) the distance traveled is 100 

21 miles or less; or 

22 ‘‘(II) the worker is not residing 

23 in employer-provided housing or hous24 ing secured through an allowance de25 scribed in subclause (I)(iv). 


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1 ‘‘(iv) EARLY TERMINATION.—If a con2 tract agricultural worker is laid off or the 

3 worker’s employment is terminated for 

4 contract impossibility (as described in sub5 paragraph (C)(iii)) before completing 75 

6 percent of such contract, the employer 

7 shall reimburse the worker for the costs 

8 described in clause (i)(I). 

9 ‘‘(5) VIOLATION OF PROGRAM REQUIRE10 MENTS.—If the Secretary determines, after an op11 portunity for a hearing, that a designated agricul12 tural employer has violated a term under this section 

13 the Secretary may— 

14 ‘‘(A) impose penalties, including fines; and 

15 ‘‘(B) for serious violations, disqualify the 

16 employer from future enrollment in the Pro17 gram for a period of not more than 3 years. 

18 ‘‘(f) WAGES.— 

19 ‘‘(1) WAGE RATE REQUIREMENT.— 

20 ‘‘(A) IN GENERAL.—A nonimmigrant agri21 cultural worker employed by a designated agri22 cultural employer shall be paid the wage rate 

23 for such employment set forth in paragraph (3). 

24 ‘‘(B) WORKERS PAID ON A PIECE RATE OR

25 OTHER INCENTIVE BASIS.—If an employer pays 


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1 by the piece rate or other incentive method and 

2 requires one or more minimum productivity 

3 standards as a condition of job retention, such 

4 standards shall be specified in the job offer and 

5 be no more than those which have been nor6 mally required (at the time of the employee’s 

7 initial entry into the country as a nonimmigrant 

8 agricultural worker) by other employers for the 

9 activity in the geographic area of the job, unless 

10 the Secretary approves a higher standard. 

11 ‘‘(2) JOB CATEGORIES.—For purposes of para12 graph (1), each nonimmigrant agricultural worker 

13 employed by such employer shall be assigned to 1 of 

14 the following standard occupational classifications, 

15 as defined by the Bureau of Labor Statistics: 

16 ‘‘(A) First-Line Supervisors of Farming, 

17 Fishing, and Forestry Workers (45–1011). 

18 ‘‘(B) Animal Breeders (45-2021). 

19 ‘‘(C) Graders and Sorters, Agricultural 

20 Products (45–2041). 

21 ‘‘(D) Agricultural equipment operator (45– 

22 2091). 

23 ‘‘(E) Farmworkers and Laborers, Crop, 

24 Nursery, and Greenhouse (45–2092). 


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1 ‘‘(F) Farmworkers, Farm, Ranch and 

2 Aquacultural Animals (45-2093). 

3 ‘‘(3) DETERMINATION OF WAGE RATE.— 

4 ‘‘(A) FISCAL YEARS 2014 THROUGH 2016.— 

5 The wage rate under this subparagraph for fis6 cal years 2014 through 2016 shall be the higher 

7 of— 

8 ‘‘(i) the applicable Federal, State or 

9 local minimum wage; or 

10 ‘‘(ii)(I) for the category described in 

11 paragraph (2)(C)— 

12 ‘‘(aa) $9.37 for fiscal year 2014; 

13 ‘‘(bb) $9.60 for fiscal year 2015; 

14 and 

15 ‘‘(cc) $9.84 for fiscal year 2016; 

16 ‘‘(II) for the category described in 

17 paragraph (2)(D)— 

18 ‘‘(aa) $11.30 for fiscal year 

19 2014; 

20 ‘‘(bb) $11.58 for fiscal year 

21 2015; and 

22 ‘‘(cc) $11.87 for fiscal year 2016; 

23 ‘‘(III) for the category described in 

24 paragraph (2)(E)— 

25 ‘‘(aa) $9.17 for fiscal year 2014; 


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1 ‘‘(bb) $9.40 for fiscal year 2015; 

2 and 

3 ‘‘(cc) $9.64 for fiscal year 2016; 

4 and 

5 ‘‘(IV) for the category described in 

6 paragraph (2)(F)— 

7 ‘‘(aa) $10.82 for fiscal year 

8 2014; 

9 ‘‘(bb) $11.09 for fiscal year 

10 2015; and 

11 ‘‘(cc) $11.37 for fiscal year 2016; 

12 ‘‘(B) SUBSEQUENT YEARS.—The Secretary 

13 shall increase the hourly wage rates set forth in 

14 clauses (i) through (iv) of subparagraph (A), 

15 for each fiscal year after the fiscal years de16 scribed in subparagraph (A) by an amount 

17 equal to— 

18 ‘‘(i) 1.5 percent, if the percentage in19 crease in the Employment Cost Index for 

20 wages and salaries during the previous fis21 cal year, as calculated by the Bureau of 

22 Labor Statistics, is less than 1.5 percent; 

23 ‘‘(ii) the percentage increase in such 

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1 age increase is between 1.5 percent and 

2 2.5 percent, inclusive; or 

3 ‘‘(iii) 2.5 percent, if such percentage 

4 increase is greater than 2.5 percent. 

5 ‘‘(C) AGRICULTURAL SUPERVISORS AND

6 ANIMAL BREEDERS.—Not later than September 

7 1, 2015, and annually thereafter, the Secretary, 

8 in consultation with the Secretary of Labor, 

9 shall establish the prevailing wage for the next 

10 fiscal year for each of the job categories set out 

11 in subparagraphs (A) and (B) of paragraph (2). 

12 ‘‘(D) SURVEY BY BUREAU OF LABOR STA13 TISTICS.—Not later than April 15, 2015, the 

14 Bureau of Labor Statistics shall consult with 

15 the Secretary to expand the Occupational and 

16 Employment Survey to survey agricultural pro17 ducers and contractors and produce improved 

18 wage data by State and the job categories set 

19 out in subparagraphs (A) through (F) of para20 graph (2). 

21 ‘‘(4) CONSIDERATION.—In determining the 

22 wage rate under paragraph (3), the Secretary may 

23 consider appropriate factors, including— 

24 ‘‘(A) whether the employment of additional 

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1 versely affect the wages and working conditions 

2 of workers in the United States similarly em3 ployed; 

4 ‘‘(B) whether the employment in the 

5 United States of an alien admitted under sec6 tion 101(a)(15)(H)(ii)(a) or unauthorized aliens 

7 in the agricultural workforce has depressed 

8 wages of United States workers engaged in ag9 ricultural employment below the levels that 

10 would otherwise have prevailed if such aliens 

11 had not been employed in the United States; 

12 ‘‘(C) whether wages of agricultural workers 

13 are sufficient to support such workers and their 

14 families at a level above the poverty thresholds 

15 determined by the Bureau of Census; 

16 ‘‘(D) the wages paid workers in the United 

17 States who are not employed in agricultural em18 ployment but who are employed in comparable 

19 employment; 

20 ‘‘(E) the continued exclusion of employers 

21 of nonimmigrant alien workers in agriculture 

22 from the payment of taxes under chapter 21 of 

23 the Internal Revenue Code of 1986 (26 U.S.C. 

24 3101 et seq.) and chapter 23 of such Code (26 

25 U.S.C. 3301 et seq.); 


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1 ‘‘(F) the impact of farm labor costs in the 

2 United States on the movement of agricultural 

3 production to foreign countries; 

4 ‘‘(G) a comparison of the expenses and 

5 cost structure of foreign agricultural producers 

6 to the expenses incurred by agricultural pro7 ducers based in the United States; and 

8 ‘‘(H) the accuracy and reliability of the 

9 Occupational and Employment Survey. 

10 ‘‘(5) ADVERSE EFFECT WAGE RATE.— 

11 ‘‘(A) PROHIBITION OF MODIFICATION.— 

12 The adverse effect wage rates in effect on April 

13 15, 2013, for nonimmigrants admitted under 

14 101(a)(15)(H)(ii)(a)— 

15 ‘‘(i) shall remain in effect until the 

16 date described in section 2233 of the Agri17 cultural Worker Program Act of 2013; and 

18 ‘‘(ii) may not be modified except as 

19 provided in subparagraph (B). 

20 ‘‘(B) EXCEPTION.—Until the Secretary es21 tablishes the wage rates required under para22 graph (3)(C), the adverse effect wage rates in 

23 effect on the date of the enactment of the Agri24 cultural Worker Program Act of 2013 shall 

25 be— 


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1 ‘‘(i) deemed to be such wage rates; 

2 and 

3 ‘‘(ii) after September 1, 2015, ad4 justed annually in accordance with para5 graph (3)(B). 

6 ‘‘(6) EQUAL WAGES, BENEFITS, AND WORKING

7 CONDITIONS.— 

8 ‘‘(A) PREFERENTIAL TREATMENT OF

9 ALIENS PROHIBITED.— 

10 ‘‘(i) IN GENERAL.—The employer’s 

11 job offer must offer to United States work12 ers no less than the same benefits, wages, 

13 and working conditions that the employer 

14 is offering, intends to offer, or will provide 

15 to nonimmigrant workers. Conversely, no 

16 job offer may impose on United States 

17 workers any restrictions or obligations 

18 which will not be imposed on the employ19 er’s nonimmigrants. 

20 ‘‘(ii) SIMILARLY SITUATED U.S. WORK21 ERS.—Except as provided in paragraph 

22 (3), all similarly situated U.S. workers em23 ployed at the same place of employment in 

24 the same occupational classification as the 

25 nonimmigrant workers must be provided 


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1 the same wages, benefits, and working con2 ditions described in this section. 

3 ‘‘(iii) EXCEPTION.—Notwithstanding 

4 subparagraph (2), an employer is not re5 quired to provide housing for similarly sit6 uated United States workers, other than 

7 United States workers recruited and hired 

8 pursuant to an offer of employment in con9 nection with an application. 

10 ‘‘(B) ATTESTATION.— 

11 ‘‘(i) IN GENERAL.—Each designated 

12 agricultural employer shall include an at13 testation that the employer is or is not a 

14 Program dependent employer in its peti15 tion for nonimmigrant agricultural workers 

16 under paragraph (2). 

17 ‘‘(ii) PROGRAM DEPENDENT EM18 PLOYER DETERMINATION.—Each des19 ignated agricultural employer shall annu20 ally determine whether the employer is a 

21 Program dependent employer, with at least 

22 60 percent of its employees who are not 

23 United States workers, based upon— 

24 ‘‘(I) the total number of employ25 ees employed by an employer during 


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1 the preceding calendar year, as evi2 denced by the employer’s payroll 

3 records; and 

4 ‘‘(II) the employer’s E-Verify 

5 records indicating the citizenship and 

6 alien status of each employee em7 ployed by the employer. 

8 ‘‘(C) HOUSING EXCEPTION.—An employer 

9 described in subparagraph (A) shall only be re10 quired to provide housing to United States 

11 workers in accordance with subsection 

12 (e)(4)(H) if such workers do not reside within 

13 100 miles of their place of employment. 

14 ‘‘(g) WORKER PROTECTIONS AND DISPUTE RESOLU15 TION.— 

16 ‘‘(1) EQUALITY OF TREATMENT.—Non17 immigrant agricultural workers shall not be denied 

18 any right or remedy under any Federal, State, or 

19 local labor or employment law applicable to United 

20 States workers engaged in agricultural employment. 

21 ‘‘(2) APPLICABILITY OF THE MIGRANT AND

22 SEASONAL AGRICULTURAL WORKER PROTECTION

23 ACT.— 

24 ‘‘(A) MIGRANT AND SEASONAL AGRICUL25 TURAL WORKER PROTECTION ACT.—NonVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 immigrant agricultural workers shall be consid2 ered migrant agricultural workers for purposes 

3 of the Migrant and Seasonal Agricultural Work4 er Protection Act (29 U.S.C. 1801 et seq.). 

5 ‘‘(B) ELIGIBILITY OF NONIMMIGRANT AG6 RICULTURAL WORKERS FOR CERTAIN LEGAL

7 ASSISTANCE.—A nonimmigrant agricultural 

8 worker shall be considered to be lawfully admit9 ted for permanent residence for purposes of es10 tablishing eligibility for legal services under the 

11 Legal Services Corporation Act (42 U.S.C. 

12 2996 et seq.) on matters relating to wages, 

13 housing, transportation, and other employment 

14 rights. 

15 ‘‘(C) MEDIATION.— 

16 ‘‘(i) FREE MEDIATION SERVICES.— 

17 The Federal Mediation and Conciliation 

18 Service shall be available to assist in re19 solving disputes arising under this section 

20 between nonimmigrant agricultural work21 ers and designated agricultural employers 

22 without charge to the parties. 

23 ‘‘(ii) COMPLAINT.—If a nonimmigrant 

24 agricultural worker files a complaint under 

25 section 504 of the Migrant and Seasonal 


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1 Agricultural Worker Protection Act (29 

2 U.S.C. 1854), not later than 60 days after 

3 the filing of proof of service of the com4 plaint, a party to the action may file a re5 quest with the Federal Mediation and Con6 ciliation Service to assist the parties in 

7 reaching a satisfactory resolution of all 

8 issues involving all parties to the dispute. 

9 ‘‘(iii) NOTICE.—Upon filing a request 

10 under clause (ii) and giving of notice to the 

11 parties, the parties shall attempt mediation 

12 within the period specified in clause (iv). 

13 ‘‘(iv) 90-DAY LIMIT.—The Federal 

14 Mediation and Conciliation Service may 

15 conduct mediation or other nonbinding dis16 pute resolution activities for a period not 

17 to exceed 90 days beginning on the date on 

18 which the Federal Mediation and Concilia19 tion Service receives a request for assist20 ance under clause (ii) unless the parties 

21 agree to an extension of such period. 

22 ‘‘(v) AUTHORIZATION OF APPROPRIA23 TIONS.— 

24 ‘‘(I) IN GENERAL.—Subject to 

25 clause (II), there are authorized to be 


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1 appropriated to the Federal Mediation 

2 and Conciliation Service $500,000 for 

3 each fiscal year to carry out this sub4 paragraph. 

5 ‘‘(II) MEDIATION.—Notwith6 standing any other provision of law, 

7 the Director of the Federal Mediation 

8 and Conciliation Service is author9 ized— 

10 ‘‘(aa) to conduct the medi11 ation or other dispute resolution 

12 activities from any other account 

13 containing amounts available to 

14 the Director; and 

15 ‘‘(bb) to reimburse such ac16 count with amounts appropriated 

17 pursuant to subclause (I). 

18 ‘‘(vi) PRIVATE MEDIATION.—If all 

19 parties agree, a private mediator may be 

20 employed as an alternative to the Federal 

21 Mediation and Conciliation Service. 

22 ‘‘(3) OTHER RIGHTS.—Nonimmigrant agricul23 tural workers shall be entitled to the rights granted 

24 to other classes of aliens under sections 242(h) and 

25 245E. 


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1 ‘‘(4) WAIVER OF RIGHTS.—Agreements by non2 immigrant agricultural workers to waive or modify 

3 any rights or protections under this section shall be 

4 considered void or contrary to public policy except as 

5 provided in a collective bargaining agreement with a 

6 bona fide labor organization. 

7 ‘‘(h) ENFORCEMENT AUTHORITY.— 

8 ‘‘(1) REVIEW.—The Secretary of Homeland Se9 curity shall review petitions submitted by designated 

10 agricultural employers under subsection (e)(2) for 

11 completeness or obvious inaccuracies. 

12 ‘‘(2) INVESTIGATION OF COMPLAINTS.— 

13 ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY

14 COMPLAINTS.— 

15 ‘‘(i) PROCESS.—The Secretary of 

16 Labor shall establish a process for the re17 ceipt, investigation, and disposition of com18 plaints respecting a designated agricultural 

19 employer’s failure to meet a condition spec20 ified in subsection (e), or an employer’s 

21 misrepresentation of material facts in a pe22 tition under subsection (e)(2). 

23 ‘‘(ii) FILING.—Any aggrieved person 

24 or organization, including bargaining rep25 resentatives, may file a complaint referred 


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1 to in clause (i) not later than 1 year after 

2 the date of the failure or misrepresenta3 tion, respectively. 

4 ‘‘(iii) INVESTIGATION OR HEARING.— 

5 The Secretary of Labor shall conduct an 

6 investigation if there is reasonable cause to 

7 believe that such failure or misrepresenta8 tion has occurred. 

9 ‘‘(B) DETERMINATION ON COMPLAINT.— 

10 Under such process, the Secretary of Labor 

11 shall provide, not later than 30 days after the 

12 date on which such a complaint is filed, for a 

13 determination as to whether or not a reasonable 

14 basis exists to make a finding described in sub15 paragraph (C), (D), (E), or (F). If the Sec16 retary of Labor determines that such a reason17 able basis exists, the Secretary of Labor shall 

18 provide for notice of such determination to the 

19 interested parties and an opportunity for a 

20 hearing on the complaint, in accordance with 

21 section 556 of title 5, United States Code, with22 in 60 days after the date of the determination. 

23 If such a hearing is requested, the Secretary of 

24 Labor shall make a finding concerning the mat25 ter not later than 60 days after the date of the 


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1 hearing. In the case of similar complaints re2 specting the same applicant, the Secretary of 

3 Labor may consolidate the hearings under this 

4 subparagraph on such complaints. 

5 ‘‘(C) FAILURE TO MEET CONDITIONS.—If 

6 the Secretary of Labor finds, after notice and 

7 opportunity for a hearing, a failure to meet a 

8 condition under subsection (e) or (f), or made 

9 a material misrepresentation of fact in a peti10 tion under subsection (e)(2)— 

11 ‘‘(i) the Secretary of Labor shall no12 tify the Secretary of such finding and may, 

13 in addition, impose such other administra14 tive remedies (including civil money pen15 alties in an amount not to exceed $1,000 

16 per violation) as the Secretary of Labor 

17 determines to be appropriate; and 

18 ‘‘(ii) the Secretary may disqualify the 

19 designated agricultural employer from the 

20 employment of nonimmigrant agricultural 

21 workers for a period of 1 year. 

22 ‘‘(D) WILLFUL FAILURES AND WILLFUL

23 MISREPRESENTATIONS.—If the Secretary of 

24 Labor finds, after notice and opportunity for 

25 hearing, a willful failure to meet a condition 


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1 under subsection (e) or (f) or a willful misrepre2 sentation of a material fact in an application or 

3 petition under paragraph (1) or (2) of sub4 section (e)— 

5 ‘‘(i) the Secretary of Labor shall no6 tify the Secretary of such finding and may, 

7 in addition, impose such other administra8 tive remedies (including civil money pen9 alties in an amount not to exceed $5,000 

10 per violation) as the Secretary of Labor 

11 determines to be appropriate; 

12 ‘‘(ii) the Secretary of Labor may seek 

13 appropriate legal or equitable relief to ef14 fectuate the purposes of subsection (e)(8); 

15 and 

16 ‘‘(iii) the Secretary may disqualify the 

17 designated agricultural employer from the 

18 employment of nonimmigrant agricultural 

19 workers for a period of 2 years. 

20 ‘‘(E) DISPLACEMENT OF UNITED STATES

21 WORKERS.—If the Secretary of Labor finds, 

22 after notice and opportunity for hearing, a will23 ful failure to meet a condition under subsection 

24 (e) or (f) or a willful misrepresentation of a ma25 terial fact in an application or petition under 


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1 paragraph (1) or (2) of subsection (e), in the 

2 course of which failure or misrepresentation the 

3 employer displaced a United States worker em4 ployed by the employer during the period of em5 ployment on the employer’s petition under sub6 section (e)(2) or during the period of 30 days 

7 preceding such period of employment— 

8 ‘‘(i) the Secretary of Labor shall no9 tify the Secretary of such finding and may, 

10 in addition, impose such other administra11 tive remedies (including civil money pen12 alties in an amount not to exceed $15,000 

13 per violation) as the Secretary of Labor 

14 determines to be appropriate; and 

15 ‘‘(ii) the Secretary may disqualify the 

16 employer from the employment of non17 immigrant agricultural workers for a pe18 riod of 3 years. 

19 ‘‘(F) FAILURES TO PAY WAGES OR RE20 QUIRED BENEFITS.—If the Secretary of Labor 

21 finds, after notice and opportunity for a hear22 ing, that the employer has failed to pay the 

23 wages, or provide the housing allowance, trans24 portation, subsistence reimbursement, or guar25 antee of employment required under subsection 


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1 (e)(4) and (f), the Secretary of Labor shall as2 sess payment of back wages, or other required 

3 benefits, due any United States worker or non4 immigrant agricultural worker employed by the 

5 employer in the specific employment in ques6 tion. The back wages or other required benefits 

7 required under subsection (e) and (f) shall be 

8 equal to the difference between the amount that 

9 should have been paid and the amount that ac10 tually was paid to such worker. 

11 ‘‘(G) DISPOSITION OF PENALTIES.—Civil 

12 penalties collected under this paragraph shall be 

13 deposited into the Comprehensive Immigration 

14 Reform Trust Fund established under section 

15 6(a)(1) of the Border Security, Economic Op16 portunity, and Immigration Modernization Act. 

17 ‘‘(3) LIMITATIONS ON CIVIL MONEY PEN18 ALTIES.—The Secretary of Labor shall not impose 

19 total civil money penalties with respect to a petition 

20 under subsection (e)(2) in excess of $90,000. 

21 ‘‘(4) ELECTION.—A nonimmigrant agricultural 

22 worker who has filed an administrative complaint 

23 with the Secretary of Labor may not maintain a civil 

24 action under paragraph (2) unless a complaint based 

25 on the same violation filed with the Secretary of 


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1 Labor under subsection (a)(1) is withdrawn before 

2 the filing of such action, in which case the rights 

3 and remedies available under this subsection shall be 

4 exclusive. 

5 ‘‘(5) PRECLUSIVE EFFECT.—Any settlement by 

6 a nonimmigrant agricultural worker, a designated 

7 agricultural employer, or any person reached 

8 through the mediation process required under sub9 section (g)(2)(C) shall preclude any right of action 

10 arising out of the same facts between the parties in 

11 any Federal or State court or administrative pro12 ceeding, unless specifically provided otherwise in the 

13 settlement agreement. 

14 ‘‘(6) SETTLEMENTS.—Any settlement by the 

15 Secretary of Labor on behalf of a designated agricul16 tural worker on behalf of a nonimmigrant agricul17 tural worker of a complaint filed with the Secretary 

18 of Labor under this section or any finding by the 

19 Secretary of Labor under this subsection shall pre20 clude any right of action arising out of the same 

21 facts between the parties under any Federal or State 

22 court or administrative proceeding, unless specifi23 cally provided otherwise in the settlement agreement. 

24 ‘‘(7) STATUTORY CONSTRUCTION.—Nothing in 

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1 thority of the Secretary of Labor to conduct any 

2 compliance investigation under any other labor law, 

3 including any law affecting migrant and seasonal ag4 ricultural workers, or, in the absence of a complaint 

5 under this section, under paragraph (1), (3), or (4) 

6 of subsection (e), in the settlement agreement. 

7 ‘‘(8) DISCRIMINATION PROHIBITED.—It is a 

8 violation of this subsection for any person to intimi9 date, threaten, restrain, coerce, blacklist, discharge, 

10 or in any other manner discriminate against an em11 ployee, including a former employee or an applicant 

12 for employment, because the employee— 

13 ‘‘(A) has disclosed information to the em14 ployer, or to any other person, that the em15 ployee reasonably believes evidences a violation 

16 of subsection (e), or any rule or regulation re17 lating to subsection (e); or 

18 ‘‘(B) cooperates or seeks to cooperate in an 

19 investigation or other proceeding concerning the 

20 employer’s compliance with the requirements 

21 under subsection (e) or any rule or regulation 

22 pertaining to subsection (e). 

23 ‘‘(9) ROLE OF ASSOCIATIONS.— 

24 ‘‘(A) VIOLATION BY A MEMBER OF AN AS25 SOCIATION.— 


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1 ‘‘(i) IN GENERAL.—If an association 

2 acting as the agent of an employer files an 

3 application on behalf of such employer, the 

4 employer is fully responsible for such appli5 cation, and for complying with the terms 

6 and conditions of subsection (e). If such an 

7 employer is determined to have violated 

8 any requirement described in this sub9 section, the penalty for such violation shall 

10 apply only to that employer except as pro11 vided in clause (ii). 

12 ‘‘(ii) COLLECTIVE RESPONSIBILITY.— 

13 If the Secretary of Labor determines that 

14 the association or other members of the as15 sociation participated in, had knowledge of, 

16 or reason to know of a violation described 

17 in clause (i), the penalty shall also be in18 voked against the association and complicit 

19 association members. 

20 ‘‘(B) VIOLATIONS BY AN ASSOCIATION

21 ACTING AS AN EMPLOYER.— 

22 ‘‘(i) IN GENERAL.—If an association 

23 filing an application as a sole or joint em24 ployer is determined to have violated any 

25 requirement described in this section, the 


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1 penalty for such violation shall apply only 

2 to the association except as provided in 

3 clause (ii). 

4 ‘‘(ii) MEMBER RESPONSIBILITY.—If 

5 the Secretary of Labor determines that 1 

6 or more association members participated 

7 in, had knowledge of, or reason to know of 

8 the violation described in clause (i), the 

9 penalty shall be invoked against all 

10 complicit association members. 

11 ‘‘(i) SPECIAL NONIMMIGRANT VISA PROCESSING AND

12 WAGE DETERMINATION PROCEDURES FOR CERTAIN AG13 RICULTURAL OCCUPATIONS.— 

14 ‘‘(1) FINDING.—Certain industries possess 

15 unique occupational characteristics that necessitate 

16 the Secretary of Agriculture adopt special proce17 dures relating to housing, pay, and visa program ap18 plication requirements for those industries. 

19 ‘‘(2) SPECIAL PROCEDURES INDUSTRIES DE20 FINED.—In this subsection, the term ‘Special Proce21 dures Industries’ means— 

22 ‘‘(A) sheepherding and goat herding; 

23 ‘‘(B) itinerant commercial beekeeping and 

24 pollination; 

25 ‘‘(C) open range production of livestock; 


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1 ‘‘(D) itinerant animal shearing; 

2 ‘‘(E) custom combining industries; and 

3 ‘‘(F) any other industry designated by the 

4 Secretary, upon petition by an employer, as a 

5 Special Procedures Industry. 

6 ‘‘(3) WORK LOCATIONS.—The Secretary shall 

7 allow designated agricultural employers in a Special 

8 Procedures Industry that do not operate in a single 

9 fixed-site location to provide, as part of application 

10 and job description under the Program, a list of an11 ticipated work locations, which— 

12 ‘‘(A) may include an anticipated itinerary; 

13 and 

14 ‘‘(B) may be subsequently amended by the 

15 employer, after notice to the Secretary. 

16 ‘‘(4) WAGE RATES.—The Secretary may estab17 lish monthly, weekly, or biweekly wage rates for oc18 cupations in a Special Procedures Industry for a 

19 State or other geographic area. For an employer in 

20 those Special Industries that typically pay a monthly 

21 wage, the Secretary shall require that workers will 

22 be paid not less frequently than monthly and at a 

23 rate no less than the legally required monthly cash 

24 wage for such employer as of the date of enactment 


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1 and in an amount as re-determined annually by the 

2 Secretary of Agriculture through rulemaking. 

3 ‘‘(5) HOUSING.—The Secretary shall allow for 

4 the provision of housing or a housing allowance by 

5 employers in Special Procedures Industries and 

6 allow housing suitable for workers employed in re7 mote locations. 

8 ‘‘(6) ALLERGY LIMITATION.—An employer en9 gaged in the commercial beekeeping or pollination 

10 services industry may require that an applicant be 

11 free from bee pollen or honey-related allergies. 

12 ‘‘(7) APPLICATION.—An individual employer in 

13 Special Procedures Industry may file visa program 

14 applications on its own behalf, including with use of 

15 an agent, or in conjunction with an association of 

16 employers, and in any case the employer’s applica17 tion may be part of several related applications sub18 mitted simultaneously that constitute a master ap19 plication. 

20 ‘‘(8) RULEMAKING.—The Secretary of Agri21 culture, after consultation with employers and em22 ployee representatives, shall publish for notice and 

23 comment proposed regulations relating to housing, 

24 pay and application procedures for Special Proce25 dure Industries. 


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1 ‘‘(j) MISCELLANEOUS PROVISIONS.— 

2 ‘‘(1) DISQUALIFICATION OF NONIMMIGRANT AG3 RICULTURAL WORKERS FROM FINANCIAL ASSIST4 ANCE.—An alien admitted as a nonimmigrant agri5 cultural worker is not eligible for any program of fi6 nancial assistance under Federal law (whether 

7 through grant, loan, guarantee, or otherwise) on the 

8 basis of financial need, as such programs are identi9 fied by the Secretary in consultation with other 

10 agencies of the United States. 

11 ‘‘(2) MONITORING REQUIREMENT.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 monitor the movement of nonimmigrant agricul14 tural workers through— 

15 ‘‘(i) the Employment Verification Sys16 tem described in section 274A(b); and 

17 ‘‘(ii) the electronic monitoring system 

18 established pursuant to subparagraph (B). 

19 ‘‘(B) ELECTRONIC MONITORING SYSTEM.— 

20 The Secretary of Homeland Security, through 

21 the Director of U.S. Citizenship and Immigra22 tion Services, shall establish an electronic moni23 toring system, which shall— 

24 ‘‘(i) be modeled on the Student and 

25 Exchange Visitor Information System 


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1 (SEVIS) and the SEVIS II tracking sys2 tem administered by U.S. Immigration and 

3 Customs Enforcement; 

4 ‘‘(ii) monitor the presence and em5 ployment of nonimmigrant agricultural 

6 workers; and 

7 ‘‘(iii) assist in ensuring the compli8 ance of designated agricultural employers 

9 and nonimmigrant agricultural workers 

10 with the requirements of the Program.’’. 

11 (b) RULEMAKING.—The Secretary of Agriculture 

12 shall issue regulations to cary out section 218A of the Im13 migration and Nationality Act, as added by subsection (a), 

14 not later than 1 year after the date of the enactment of 

15 this Act. 

16 (c) CLERICAL AMENDMENT.—The table of contents 

17 in the first section of the Immigration and Nationality Act 

18 (8 U.S.C. 1101 et seq.) is amended by inserting after the 

19 item relation to section 219 the following: 

‘‘Sec. 218A. Nonimmigrant agricultural worker program.’’. 

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

21 this section shall take effect on October 1, 2014. 

22 SEC. 2233. TRANSITION OF H-2A WORKER PROGRAM. 

23 (a) SUNSET OF PROGRAM.—An employer may not pe24 tition to employ an alien present in the United States pur25 suant to section 101(a)(15)(H)(ii)(a) of the Immigration 


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1 and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) 

2 after the date that is 1 year after the effective date of 

3 the regulations issued pursuant to section 2241(b). 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) REPEAL OF H-2A NONIMMIGRANT CAT6 EGORY.—Section 101(a)(15)(H)(ii) of the Immigra7 tion and Nationality Act (8 U.S.C. 

8 1101(a)(15)(H)(ii)) is amended by striking sub9 clause (a). 

10 (2) REPEAL OF ADMISSION REQUIREMENTS FOR

11 H-2A WORKER.—Section 218 of the Immigration and 

12 Nationality Act (8 U.S.C. 1188) is repealed. 

13 (3) CONFORMING AMENDMENTS.— 

14 (A) AMENDMENT OF PETITION REQUIRE15 MENTS.—Section 214(c)(1) of the Immigration 

16 and Nationality Act (8 U.S.C. 1184(g)(9)) is 

17 amended by striking ‘‘For purposes of this sub18 section’’ and all that follows. 

19 (4) EFFECTIVE DATE.—The amendments made 

20 by this subsection shall take effect on the date that 

21 is 1 year after the effective date of the regulations 

22 issued pursuant to section 2241(b). 


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1 SEC. 2234. REPORTS TO CONGRESS ON NONIMMIGRANT AG2 RICULTURAL WORKERS. 

3 (a) ANNUAL REPORT BY SECRETARY OF AGRI4 CULTURE.—Not later than September 30 of each year, the 

5 Secretary of Agriculture shall submit a report to Congress 

6 that identifies, for the previous year, the number, 

7 disaggregated by State and by occupation, of— 

8 (1) job opportunities approved for employment 

9 of aliens admitted pursuant to clause (iii) or clause 

10 (iv) of section 101(a)(15)(W) of the Immigration 

11 and Nationality Act, as added by section 2232; and 

12 (2) aliens actually admitted pursuant to each 

13 such clause. 

14 (b) ANNUAL REPORT BY SECRETARY OF HOMELAND

15 SECURITY.—Not later than September 30 of each year, 

16 the Secretary shall submit a report to Congress that iden17 tifies, for the previous year, the number of aliens described 

18 in subsection (a)(2) who— 

19 (1) violated the terms of the nonimmigrant ag20 ricultural worker program established under section 

21 218A(b) of the Immigration and Nationality Act, as 

22 added by section 2232; and 

23 (2) have not departed from the United States. 


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1 CHAPTER 3—OTHER PROVISIONS 

2 SEC. 2241. RULEMAKING. 

3 (a) CONSULTATION REQUIREMENT.—In the course of 

4 promulgating any regulation necessary to implement this 

5 subtitle, or the amendments made by this subtitle, the Sec6 retary, the Secretary of Agriculture, the Secretary of 

7 Labor, and the Secretary of State shall regularly consult 

8 with each other. 

9 (b) DEADLINE FOR ISSUANCE OF REGULATIONS.— 

10 Except as provided in section 2232(b), all regulations to 

11 implement this subtitle and the amendments made by this 

12 subtitle shall be issued not later than 6 months after the 

13 date of the enactment of this Act. 

14 SEC. 2242. REPORTS TO CONGRESS. 

15 Not later than 180 days after the date of the enact16 ment of this Act, the Secretary and the Secretary of Agri17 culture shall jointly submit a report to Congress that de18 scribes the measures being taken and the progress made 

19 in implementing this subtitle and the amendments made 

20 by this subtitle. 

21 SEC. 2243. EFFECTIVE DATE. 

22 This subtitle and the amendments made by this sub23 title, except for sections 2221, 2242, and 2243, shall take 

24 effect on the date on which the regulations required under 

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1 ulations are issued on an interim basis or on any other 

2 basis. 

3 Subtitle C—Future Immigration 

4 SEC. 2301. MERIT-BASED POINTS TRACK ONE. 

5 (a) IN GENERAL.— 

6 (1) WORLDWIDE LEVEL OF MERIT-BASED IMMI7 GRANTS.—Section 201(e) (8 U.S.C. 1151(e)) is 

8 amended to read as follows: 

9 ‘‘(e) WORLDWIDE LEVEL OF MERIT-BASED IMMI10 GRANTS.— 

11 ‘‘(1) IN GENERAL.— 

12 ‘‘(A) NUMERICAL LIMITATION.—Subject to 

13 paragraphs (2), (3), and (4), the worldwide 

14 level of merit-based immigrants is equal to 

15 120,000 for each fiscal year. 

16 ‘‘(B) STATUS.—An alien admitted on the 

17 basis of a merit-based immigrant visa under 

18 this section shall have the status of an alien 

19 lawfully admitted for permanent residence. 

20 ‘‘(2) ANNUAL INCREASE.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B) and paragraph (3), if in any fiscal 

23 year the worldwide level of visas available for 

24 merit-based immigrants under this section— 


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1 ‘‘(i) is less than 75 percent of the 

2 number of applicants for such fiscal year, 

3 the worldwide level shall increase by 5 per4 cent for the next fiscal year; and 

5 ‘‘(ii) is equal to or more than 75 per6 cent of such number, the worldwide level 

7 for the next fiscal year shall be the same 

8 as the worldwide level for such fiscal year, 

9 minus any amount added to the worldwide 

10 level for such fiscal year under paragraph 

11 (4). 

12 ‘‘(B) LIMITATION ON INCREASE.—The 

13 worldwide level of visas available for merit14 based immigrants shall not exceed 250,000. 

15 ‘‘(3) EMPLOYMENT CONSIDERATION.—The 

16 worldwide level of visas available for merit-based im17 migrants may not be increased for a fiscal year 

18 under paragraph (2) if the annual average unem19 ployment rate for the civilian labor force 18 years or 

20 over in the United States, as determined by the Bu21 reau of Labor Statistics, for such previous fiscal 

year is more than 81 22 ⁄2 percent. 

23 ‘‘(4) RECAPTURE OF UNUSED VISAS.—The 

24 worldwide level of merit-based immigrants described 

25 in paragraph (1) for a fiscal year shall be increased 


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1 by the difference (if any) between the worldwide 

2 level established under paragraph (1) for the pre3 vious fiscal year and the number of visas actually 

4 issued under this subsection during that fiscal year. 

5 Such visas shall be allocated for the following year 

6 pursuant to section 203(c)(3).’’. 

7 (2) MERIT-BASED IMMIGRANTS.—Section 203 

8 (8 U.S.C. 1153), as amended by section 213, is fur9 ther amended by inserting after subsection (b) the 

10 following: 

11 ‘‘(c) MERIT-BASED IMMIGRANTS.— 

12 ‘‘(1) FISCAL YEARS 1 THROUGH 4.—For the 

13 first 4 fiscal years beginning after the date of enact14 ment of the Border Security, Economic Opportunity, 

15 and Immigration Modernization Act, the worldwide 

16 level of merit-based immigrant visas made available 

17 under section 201(e)(1) shall be available for aliens 

18 described in section 203(b)(3) and in addition to any 

19 visas available for such aliens under such section. 

20 ‘‘(2) SUBSEQUENT FISCAL YEARS.—Beginning 

21 with the fifth fiscal year beginning after the date of 

22 the enactment of the Border Security, Economic Op23 portunity, and Immigration Modernization Act, 

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1 tion 201(e) for merit-based immigrants shall be allo2 cated as follows: 

3 ‘‘(A) 50 percent shall be available to appli4 cants with the highest number of points allo5 cated under tier 1 in paragraph (4). 

6 ‘‘(B) 50 percent shall be available to appli7 cants with the highest number of points allo8 cated under tier 2 in paragraph (5). 

9 ‘‘(3) UNUSED VISAS.—If the total number of 

10 visas allocated to tier 1 or tier 2 for a fiscal year 

11 are not granted during that fiscal year, such number 

12 may be added to the number of visas available sec13 tion 201(e)(1) for the following fiscal year and allo14 cated as follows: 

15 ‘‘(A) If the unused visas were allocated for 

tier 1 in a fiscal year, 2 16 ⁄3 of such visas shall be 

17 available for aliens allocated visas under tier 1 

in the following fiscal year and 1 18 ⁄3 of such visas 

19 shall be available for aliens allocated visas 

20 under either tier 1 or tier 2 in the following fis21 cal year. 

22 ‘‘(B) If the unused visas were allocated for 

tier 2 in a fiscal year, 2 23 ⁄3 of such visas shall be 

24 available for aliens allocated visas under tier 2 

in the following fiscal year and 1 25 ⁄3 of such visas 


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1 shall be available for aliens allocated visas 

2 under either tier 1 or tier 2 in the following fis3 cal year. 

4 ‘‘(4) TIER 1.—The Secretary shall allocate 

5 points to each alien seeking to be a tier 1 merit6 based immigrant as follows: 

7 ‘‘(A) EDUCATION.— 

8 ‘‘(i) IN GENERAL.—An alien may re9 ceived points under only one of the fol10 lowing categories: 

11 ‘‘(I) An alien who has received a 

12 doctorate degree shall be allocated 15 

13 points. 

14 ‘‘(II) An alien who has received a 

15 master’s degree shall be allocated 10 

16 points. 

17 ‘‘(ii) An alien who has received a 

18 bachelor’s degree from an institution of 

19 higher education (as defined in section 

20 101(a) of the Higher Education Act of 

21 1965 (20 U.S.C. 1001(a)) shall be allo22 cated 5 points. 

23 ‘‘(B) EMPLOYMENT EXPERIENCE.—An 

24 alien shall be allocated not more than 20 points 

25 as follows: 


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1 ‘‘(i) 3 points for each year the alien 

2 has been lawfully employed in a zone 5 oc3 cupation in the United States. 

4 ‘‘(ii) 2 points for each year the alien 

5 has been lawfully employed in a zone 4 oc6 cupation in the United States. 

7 ‘‘(C) EMPLOYMENT RELATED TO EDU8 CATION.—An alien who in the United States 

9 and is employed full-time or has an offer of full10 time employment in a field related to the alien’s 

11 education— 

12 ‘‘(i) in a zone 5 occupation shall be al13 located 10 points; or 

14 ‘‘(ii) in a zone 4 occupation shall be 

15 allocated 8 points. 

16 ‘‘(D) ENTREPRENEURSHIP.—An alien who 

17 is an entrepreneur in business that employs at 

18 least 2 employee in a zone 4 occupation or a 

19 zone 5 occupation shall be allocated 10 points. 

20 ‘‘(E) HIGH DEMAND OCCUPATION.—An 

21 alien who is employed full-time in the United 

22 States or has an offer of full-time employment 

23 in a high demand occupation high demand tier 

24 1 occupation shall be allocated 10 points. 


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1 ‘‘(F) CIVIC INVOLVEMENT.—An alien who 

2 has attested that he or she has engaged in a 

3 significant amount of community service, as de4 termined by the Secretary, shall be allocated 2 

5 points. 

6 ‘‘(G) ENGLISH LANGUAGE.—An alien who 

7 received a score of 80 or more on the Test of 

8 English as a Foreign Language, or an equiva9 lent score on a similar test, as determined by 

10 the Secretary, shall be allocated points 10 

11 points. 

12 ‘‘(H) SIBLINGS AND MARRIED SONS AND

13 DAUGHTERS OF CITIZENS.—An alien who is the 

14 sibling of a citizen of the United States or who 

15 is more than 31 years of age and is the married 

16 son or married daughter of a citizen of the 

17 United States shall be allocated 10 points. 

18 ‘‘(I) AGE.—An alien who is— 

19 ‘‘(i) between 18 and 24 years of age 

20 shall be allocated 8 points; 

21 ‘‘(ii) between 25 and 32 years of age 

22 shall be allocated 6 points; or 

23 ‘‘(iii) between 33 and 37 years of age 

24 shall be allocated 4 points. 


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1 ‘‘(J) COUNTRY OF ORIGIN.—An alien who 

2 is a national of a country of which fewer than 

3 50,000 nationals were lawfully admitted to per4 manent residence in the United States in the 

5 previous 5 years shall be allocated 5 points. 

6 ‘‘(5) TIER 2.—The Secretary shall allocate 

7 points to each alien seeking to be a tier 2 merit8 based immigrant as follows: 

9 ‘‘(A) EMPLOYMENT EXPERIENCE.—An 

10 alien shall be allocated 2 points for each year 

11 the alien has been lawfully employed in the 

12 United States, for a total of not more than 20 

13 points. 

14 ‘‘(B) SPECIAL EMPLOYMENT CRITERIA.— 

15 An alien who is employed full-time in the 

16 United States, or has an offer of full-time em17 ployment— 

18 ‘‘(i) in a high demand tier 2 occupa19 tion shall be allocated 10 points; or 

20 ‘‘(ii) in a zone 1 occupation or zone 2 

21 occupation shall be allocated 10 points. 

22 ‘‘(C) CAREGIVER.—An alien who is or has 

23 been a primary caregiver shall be allocated 10 

24 points. 


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1 ‘‘(D) EXCEPTIONAL EMPLOYMENT

2 RECORD.—An alien who has a record of excep3 tional employment, as determined by the Sec4 retary, shall be allocated 10 points. In deter5 mining a record of exceptional employment, the 

6 Secretary shall consider factors including pro7 motions, longevity, changes in occupations from 

8 a lower job zone to a higher job zone , good 

9 safety record, and an increases in pay. 

10 ‘‘(E) CIVIC INVOLVEMENT.—An alien who 

11 has demonstrated significant shall civic involve12 ment shall be allocated 2 points. 

13 ‘‘(F) ENGLISH LANGUAGE.—An alien who 

14 received a score on the Test of English as a 

15 Foreign Language, or an equivalent score on a 

16 similar test, as determined by the Secretary of 

17 Homeland Security of— 

18 ‘‘(i) 75 or more shall be allocated 

19 points 10 points; or 

20 ‘‘(ii) more than 54 and less than 75 

21 shall be allocated 5 points. 

22 ‘‘(G) SIBLINGS AND MARRIED SONS AND

23 DAUGHTERS OF CITIZENS.—An alien who is the 

24 sibling of a citizen of the United States or is 

25 over the age of 31 and is the married son or 


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1 married daughter of a citizen of the United 

2 States shall be allocated 10 points. 

3 ‘‘(H) AGE.—An alien who is— 

4 ‘‘(i) between 18 and 24 years of age 

5 shall be allocated 8 points; 

6 ‘‘(ii) between 25 and 32 years of age 

7 shall be allocated 6 points; or 

8 ‘‘(iii) between 33 and 37 years of age 

9 shall be allocated 4 points. 

10 ‘‘(I) COUNTRY OF ORIGIN.—An alien who 

11 is a national of a country of which fewer than 

12 50,000 nationals were lawfully admitted to per13 manent residence in the United States in the 

14 previous 5 years shall be allocated 5 points. 

15 ‘‘(6) FEE.—An alien who is allocated a visa 

16 under this section shall pay a fee of $500. 

17 ‘‘(7) ELIGIBILITY OF ALIENS IN REGISTERED

18 PROVISIONAL IMMIGRANT STATUS.—An alien who 

19 was granted registered provisional immigrant status 

20 may be granted a merit-based immigrant visa under 

21 section 201(e) and may begin accruing points under 

22 subsections (b), (d), and (e) no earlier than the date 

23 that is 10 years after the date of the enactment of 

24 the Border Security, Economic Opportunity, and 

25 Immigration Modernization Act. 


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1 ‘‘(8) INELIGIBILITY OF ALIENS WITH PENDING

2 OR APPROVED PETITIONS.—An alien who has a peti3 tion pending or approved in another immigrant cat4 egory under this section or section 201 may not 

5 apply for a merit-based immigrant visa. 

6 ‘‘(9) DEFINITIONS.—In this subsection: 

7 ‘‘(A) HIGH DEMAND TIER 1 OCCUPA8 TION.—The term ‘high demand tier 1 occupa9 tion’ means 1 of the 5 occupations for which 

10 the highest number of nonimmigrants described 

11 in section 101(a)(15)(H)(i) were sought to be 

12 admitted by employers during the previous fis13 cal year. 

14 ‘‘(B) HIGH DEMAND TIER 2 OCCUPA15 TION.—The term ‘high demand tier 2 occupa16 tion’ means 1 of the 5 occupations for which 

17 the highest number of positions were sought to 

18 become registered positions by employers under 

19 section 220(e) during the previous fiscal year. 

20 ‘‘(C) SECRETARY.—The term ‘Secretary’ 

21 means the Secretary of Homeland Security. 

22 ‘‘(D) ZONE 1 OCCUPATION.—The term 

23 ‘zone 1 occupation’ means an occupation that 

24 requires little or no preparation and is classified 

25 as a zone 1 occupation on— 


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1 ‘‘(i) the Occupational Information 

2 Network Database (O*NET) on the date 

3 of the enactment of this Act; or 

4 ‘‘(ii) such Database or a similar suc5 cessor database, as designated by the Sec6 retary of Labor, after the date of the en7 actment of this Act. 

8 ‘‘(E) ZONE 2 OCCUPATION.—The term 

9 ‘zone 2 occupation’ means an occupation that 

10 requires some preparation and is classified as a 

11 zone 2 occupation on— 

12 ‘‘(i) the Occupational Information 

13 Network Database (O*NET) on the date 

14 of the enactment of this Act; or 

15 ‘‘(ii) such Database or a similar suc16 cessor database, as designated by the Sec17 retary of Labor, after the date of the en18 actment of this Act. 

19 ‘‘(F) ZONE 3 OCCUPATION.—The term 

20 ‘zone 3 occupation’ means an occupation that 

21 requires medium preparation and is classified 

22 as a zone 3 occupation on— 

23 ‘‘(i) the Occupational Information 

24 Network Database (O*NET) on the date 

25 of the enactment of this Act; or 


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1 ‘‘(ii) such Database or a similar suc2 cessor database, as designated by the Sec3 retary of Labor, after the date of the en4 actment of this Act. 

5 ‘‘(G) ZONE 4 OCCUPATION.—The term 

6 ‘zone 3 occupation’ means an occupation that 

7 requires considerable preparation and is classi8 fied as a zone 4 occupation on— 

9 ‘‘(i) the Occupational Information 

10 Network Database (O*NET) on the date 

11 of the enactment of this Act; or 

12 ‘‘(ii) such Database or a similar suc13 cessor database, as designated by the Sec14 retary of Labor, after the date of the en15 actment of this Act. 

16 ‘‘(H) ZONE 5 OCCUPATION.—The term 

17 ‘zone 5 occupation’ means an occupation that 

18 requires extensive preparation and is classified 

19 as a zone 5 occupation on— 

20 ‘‘(i) the Occupational Information 

21 Network Database (O*NET) on the date 

22 of the enactment of this Act; or 

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1 retary of Labor, after the date of the en2 actment of this Act.’’. 

3 (b) MODIFICATION OF POINTS.—The Secretary may 

4 submit to Congress a proposal to modify the number of 

5 points allocated under subsection (c) of section 203 of the 

6 Immigration and Nationality Act (8 U.S.C. 1153), as 

7 amended by subsection (a). 

8 (c) CONFORMING AMENDMENT.—Section 203(d) of 

9 the Immigration and Nationality Act (8 U.S.C. 1153(d)), 

10 as amended by section 213(a)(2)(B) of this Act, is further 

11 amended by striking ‘‘(a) or (b)’’ and inserting ‘‘(a), (b), 

12 or (c)’’. 

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

14 this section shall take effect on the first day of the first 

15 fiscal year beginning after the date of the enactment of 

16 this Act. 

17 SEC. 2302. MERIT-BASED TRACK TWO. 

18 (a) IN GENERAL.—In addition to any immigrant visa 

19 made available under the Immigration and Nationality Act 

20 (8 U.S.C. 1101 et seq.), as amended by this Act, the Sec21 retary of State shall allocate merit-based immigrant visas 

22 as described in this section. 

23 (b) STATUS.—An alien admitted on the basis of a 

24 merit-based immigrant visa under this section shall have 

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1 idence (as that term is defined in section 101(a)(20) of 

2 the Immigration and Nationality Act (8 U.S.C. 

3 1101(a)(20)). 

4 (c) ELIGIBILITY.—Beginning on October 1, 2014, the 

5 following aliens shall be eligible for merit-based immigrant 

6 visas under this section: 

7 (1) EMPLOYMENT-BASED IMMIGRANTS.—An 

8 alien who is the beneficiary of a petition filed before 

9 the date of the enactment of this Act to accord sta10 tus under section 203(b) of the Immigration and 

11 Nationality Act, if the visa has not been issued with12 in 5 years after the date on which such petition was 

13 filed. 

14 (2) FAMILY-BASED IMMIGRANTS.—Subject to 

15 subsection (d), an alien who is the beneficiary of a 

16 petition filed to accord status under section 203(a) 

17 of the Immigration and Nationality Act— 

18 (A) prior to the date of the enactment of 

19 this Act, if the visa was not issued within 5 

20 years after the date on which such petition was 

21 filed; or 

22 (B) after such date of enactment, to ac23 cord status under paragraph (3) or (4) of sec24 tion 203(a) of the Immigration and Nationality 

25 Act (8 U.S.C. 1153 (a)), as in effect the day 


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1 before the effective date specified in section 

2 217(a)(3 )of this Act, and the visa was not 

3 issued within 5 years after the date on which 

4 petition was filed. 

5 (3) LONG-TERM ALIEN WORKERS AND OTHER

6 MERIT-BASED IMMIGRANTS.—An alien who— 

7 (A) is not admitted pursuant to subpara8 graph (W) of section 101(a)(15) of the Immi9 gration and Nationality Act (8 U.S.C. 

10 1101(a)(15)); and 

11 (B) has been lawfully present in the 

12 United States for not less than 10 years; and 

13 (d) ALLOCATION OF EMPLOYMENT-SPONSORED

14 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal 

15 years 2015 through and including 2021, the Secretary of 

16 State shall allocate to aliens described in subsection (c)(1) 

a number of merit-based immigrant visas equal to 1 17 ⁄7 of 

18 the number of aliens described in subsection (c)(1) whose 

19 visas had not been issued as of the date of the enactment 

20 of this Act. 

21 (e) ALLOCATION OF FAMILY-SPONSORED MERIT22 BASED IMMIGRANT VISAS.—The visas authorized by sub23 section (c)(2) shall be allocated as follows: 

24 (1) SPOUSES AND CHILDREN OF PERMANENT

25 RESIDENTS.—Petitions to accord status under secVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 tion 203(a)(2)(A) of the Immigration and Nation2 ality Act (8 U.S.C. 1153(a)(2)(A)) of the Immigra3 tion and Nationality Act, as in effect the day before 

4 the effective date specified in section 217(a)(3) of 

5 this Act, are automatically converted to petitions to 

6 accord status to the same beneficiaries as immediate 

7 relatives under section 201(b)(2)(A) of the Immigra8 tion and Nationality Act (8 U.S.C. 1151(b)(2)(A)). 

9 (2) OTHER FAMILY MEMBERS.—In each of the 

10 fiscal years 2015 through and including 2021, the 

11 Secretary of State shall allocate to the aliens de12 scribed in subsection (c)(2)(A), other than those 

13 aliens described in paragraph (1), a number of transitional merit-based immigrant visas equal to 1 14 ⁄7 of 

15 the difference between— 

16 (A) the number of aliens described in sub17 section (c)(2)(A) whose visas had not been 

18 issued as of the date of the enactment of this 

19 Act; and 

20 (B) the number of aliens described in 

21 paragraph (1). 

22 (3) ORDER OF ISSUANCE FOR PREVIOUSLY

23 FILED APPLICATIONS.—Subject to paragraphs (1) 

24 and (2), the visas authorized by subsection (c)(2)(A) 

25 shall be issued in the order in which the petitions to 


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1 accord status under section 203(a) of the Immigra2 tion and Nationality Act were filed (8 U.S.C. 

3 1153(a)). 

4 (4) SUBSEQUENTLY FILED APPLICATIONS.—In 

5 fiscal year 2022, the Secretary of State shall allocate 

6 to the aliens described in subsection (c)(2)(B), the 

number of merit-based immigrant visas equal to 1 7 ⁄2

8 of the number of aliens described in subsection 

9 (c)(2)(B) whose visas had not been issued by Octo10 ber 1, 2021. In fiscal year 2023, the Secretary of 

11 State shall allocate to the aliens described in sub12 section (c)(2)(B), the number of merit-based immi13 grant visas equal to the number of aliens described 

14 in subsection (c)(2)(B) whose visas had not been 

15 issued by October 1, 2022. 

16 (5) ORDER OF ISSUANCE FOR SUBSEQUENTLY

17 FILED APPLICATIONS.—Subject to paragraph (4), 

18 the visas authorized by subsection (c)(2)(B) shall be 

19 issued in the order in which the petitions to accord 

20 status under section 203(a) of the Immigration and 

21 Nationality Act were filed, as in effect the day be22 fore the effective date specified in section 217(a)(3) 

23 of this Act. 

24 (f) ELIGIBILITY IN YEARS AFTER 2028.—Beginning 

25 in fiscal year 2029, aliens eligible for adjustment of status 


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1 under paragraph (c)(3) of this section must be lawfully 

2 present in an employment authorized status for 20 years 

3 prior to filing an application for adjustment of status. 

4 (g) REGISTERED PROVISIONAL IMMIGRANTS.—An 

5 alien granted registered provisional status under section 

6 201 of this Act is not eligible to receive a merit-based im7 migrant visa under section 201(e) of the Immigration and 

8 Nationality Act, as amended by section 2301, until 10 

9 years after the date of the enactment of this Act. 

10 SEC. 2303. REPEAL OF THE DIVERSITY VISA PROGRAM. 

11 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 

12 is amended— 

13 (1) in section 201 (8 U.S.C. 1151)— 

14 (A) in subsection (a)— 

15 (i) in paragraph (1), by adding ‘‘and’’ 

16 at the end; 

17 (ii) in paragraph (2), by striking ‘‘; 

18 and’’ at the end and inserting a period; 

19 and 

20 (iii) by striking paragraph (3); and 

21 (B) by striking subsection (e); 

22 (2) in section 203 (8 U.S.C. 1153)— 

23 (A) by striking subsection (c); 

24 (B) in subsection (d), by striking ‘‘(a), (b), 

25 or (c)’’ and inserting ‘‘(a) or (b) 


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1 (C) in subsection (e)— 

2 (i) by striking paragraph (2); and 

3 (ii) by redesignating paragraph (3) as 

4 paragraph (2); 

5 (D) in subsection (f), by striking ‘‘(a), (b), 

6 or (c) of this section’’ and inserting ‘‘(a) or 

7 (b)’’; and 

8 (E) in subsection (g), by striking ‘‘(a), (b), 

9 and (c)’’ and inserting ‘‘(a) and (b)’’; and 

10 (3) in section 204 (8 U.S.C. 1154)— 

11 (A) in subsection (a)(1), by striking sub12 paragraph (I); and 

13 (B) in subsection (e), by striking ‘‘(a), (b), 

14 or (c)’’ and inserting ‘‘(a) or (b)’’. 

15 (b) EFFECTIVE DATE AND APPLICATION.— 

16 (1) EFFECTIVE DATE.—The amendments made 

17 by this section shall take effect on October 1, 2014. 

18 (2) APPLICATION.—An alien who receives a no19 tification from the Secretary that the alien was se20 lected to receive a diversity immigrant visa under 

21 section 203(c) of the Immigration and Nationality 

22 Act (8 U.S.C. 1153(c)) for fiscal year 2013 or fiscal 

23 year 2014 shall remain eligible to receive such visa 

24 under the rules of such section, as in effect on Sep25 tember 30, 2014. No alien may be allocated such a 


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1 diversity immigrant visa for a fiscal year after fiscal 

2 year 2015. 

3 SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UN4 USED IMMIGRANT VISAS. 

5 (a) EMPLOYMENT-BASED IMMIGRANTS.—Section 

6 201(d) (8 U.S.C. 1151(d)) is amended to read as follows: 

7 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

8 IMMIGRANTS.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) WORLDWIDE LEVEL.—For a fiscal 

11 year after fiscal year 2015, the worldwide level 

12 of employment-based immigrants under this 

13 subsection is equal to the sum of— 

14 ‘‘(i) 140,000; and 

15 ‘‘(ii) the number computed under 

16 paragraph (2). 

17 ‘‘(B) FISCAL YEAR 2015.—For fiscal year 

18 2015, the worldwide level of employment-based 

19 immigrants under this subsection is equal to 

20 the sum of— 

21 ‘‘(i) 140,000; 

22 ‘‘(ii) the number computed under 

23 paragraph (2); and 

24 ‘‘(iii) the number computed under 

25 paragraph (3). 


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1 ‘‘(2) PREVIOUS FISCAL YEAR.—The number 

2 computed under this paragraph for a fiscal year is 

3 the difference, if any, between the maximum number 

4 of visas which may be issued under section 

5 203(a)(relating to family-sponsored immigrants) 

6 during the previous fiscal year and the number of 

7 visas issued under that section during that year. 

8 ‘‘(3) UNUSED VISAS.—The number computed 

9 under this paragraph is the difference, if any, be10 tween— 

11 ‘‘(A) the sum of the worldwide levels estab12 lished under paragraph (1) for fiscal years 

13 1992 through and including 2013; and 

14 ‘‘(B) the number of visas actually issued 

15 under section 203(b) during such fiscal years.’’. 

16 (b) FAMILY-SPONSORED IMMIGRANTS.—Section 

17 201(c) (8 U.S.C. 1151(c)) is amended to read as follows: 

18 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM19 MIGRANTS.— 

20 ‘‘(1) IN GENERAL.— 

21 ‘‘(A) WORLDWIDE LEVEL.—Subject to 

22 subparagraph (C), for each fiscal year after fis23 cal year 2015, the worldwide level of family24 sponsored immigrants under this subsection for 

25 a fiscal year is equal to the sum of— 


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1 ‘‘(i) 480,000 minus the number com2 puted under paragraph (2); and 

3 ‘‘(ii) the number computed under 

4 paragraph (3). 

5 ‘‘(B) FISCAL YEAR 2015.—Subject to sub6 paragraph (C), for fiscal year 2015, the world7 wide level of family-based immigrants under 

8 this subsection for a fiscal year after fiscal year 

9 2015 is equal to the sum of— 

10 ‘‘(i) 480,000 minus the number com11 puted under paragraph (2); 

12 ‘‘(ii) the number computed under 

13 paragraph (3); and 

14 ‘‘(iii) the number computed under 

15 paragraph (4). 

16 ‘‘(C) LIMITATION.—The number computed 

17 under subparagraph (A)(i) or (B)(i) may not be 

18 less than 226,000. The number computed under 

19 subparagraph (A)(i) or (B)(i) may not be less 

20 than 226,000, except that beginning on the 

21 date that is 18 months after the date of the en22 actment of the Border Security, Economic Op23 portunity, and Immigration Modernization Act, 

24 the number computed under subparagraph 

25 (A)(i) or (B)(i) may not be less than 161,000. 


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1 ‘‘(2) IMMEDIATE RELATIVES.—The number 

2 computed under this paragraph for a fiscal year is 

3 the number of aliens described in subparagraph (A) 

4 or (B) of subsection (b)(2) who were issued immi5 grant visas, or who otherwise acquired the status of 

6 an alien lawfully admitted to the United States for 

7 permanent residence, in the previous fiscal year. 

8 ‘‘(3) PREVIOUS FISCAL YEAR.—The number 

9 computed under this paragraph for a fiscal year is 

10 the difference, if any, between the maximum number 

11 of visas which may be issued under section 203(b) 

12 (relating to employment-based immigrants) during 

13 the previous fiscal year and the number of visas 

14 issued under that section during that year. 

15 ‘‘(4) UNUSED VISAS.—The number computed 

16 under this paragraph is the difference, if any, be17 tween— 

18 ‘‘(A) the sum of the worldwide levels estab19 lished under paragraph (1) for fiscal years 

20 1992 through and including 2013; and 

21 ‘‘(B) the number of visas actually issued 

22 under section 203(a) during such fiscal years.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this Act shall take effect on the first day of the first fiscal 

25 year beginning after the date of the enactment of this Act. 


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1 SEC. 2305. RECLASSIFICATION OF SPOUSES AND MINOR 

2 CHILDREN OF LAWFUL PERMANENT RESI3 DENTS AS IMMEDIATE RELATIVES. 

4 (a) IMMEDIATE RELATIVES.—Section 201(b)(2) (8 

5 U.S.C. 1151(b)(2)) is amended to read as follows: 

6 ‘‘(2)(A) Aliens who are immediate relatives. 

7 ‘‘(B) In this paragraph, the term ‘immediate 

8 relative’ means— 

9 ‘‘(i) a child, spouse, or parent of a citizen 

10 of the United States, except that in the case of 

11 such a parent such citizen shall be at least 21 

12 years of age; 

13 ‘‘(ii) a child or spouse of an alien lawfully 

14 admitted for permanent residence; 

15 ‘‘(iii) the child or spouse of an alien de16 scribed in clause (i), who is accompanying or 

17 following to join the alien; 

18 ‘‘(iv) the child or spouse of an alien de19 scribed in clause (ii), who is accompanying or 

20 following to join the alien; 

21 ‘‘(v) an alien admitted under section 

22 211(a) on the basis of a prior issuance of a visa 

23 to the alien’s accompanying parent who is an 

24 immediate relative; and 


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1 ‘‘(vi) an alien born to an alien lawfully ad2 mitted for permanent residence during a tem3 porary visit abroad. 

4 ‘‘(C) If an alien who was the spouse or child of 

5 a citizen of the United States or of an alien lawfully 

6 admitted for permanent residence and was not le7 gally separated from the citizen or lawful permanent 

8 resident at the time of the citizen’s or lawful perma9 nent resident’s death files a petition under section 

10 204(a)(1)(A)(ii) not later than 2 years after the date 

11 of the citizen’s or permanent resident’s death, the 

12 alien spouse (and each child of the alien) shall re13 main, for purposes of this paragraph, an immediate 

14 relative during the period beginning on the date of 

15 the citizen’s or permanent resident’s death and end16 ing on the date on which the alien spouse remarries. 

17 ‘‘(D) An alien who has filed a petition under 

18 clause (iii) or (iv) of section 204(a)(1)(A) shall re19 main, for purposes of this paragraph, an immediate 

20 relative if the United States citizen or lawful perma21 nent resident spouse or parent loses United States 

22 citizenship on account of the abuse.’’. 

23 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

24 203(a) (8 U.S.C. 1153(a)) is amended— 


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1 (1) in paragraph (1), by striking ‘‘23,400,’’ and 

2 inserting ‘‘20 percent of the worldwide level of fam3 ily-sponsored immigrants under section 201(c)’’; 

4 (2) by striking paragraph (2) and inserting the 

5 following: 

6 ‘‘(2) UNMARRIED SONS AND UNMARRIED

7 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

8 Qualified immigrants who are the unmarried sons or 

9 unmarried daughters (but are not the children) of 

10 an alien lawfully admitted for permanent residence 

11 shall be allocated visas in a number not to exceed 20 

12 percent of the worldwide level of family-sponsored 

13 immigrants under section 201(c), plus any visas not 

14 required for the class specified in paragraph (1).’’; 

15 (3) in paragraph (3) — 

16 (A) by striking ‘‘23,400,’’ and inserting 

17 ‘‘20 percent of the worldwide level of family18 sponsored immigrants under section 201(c)’’; 

19 and 

20 (B) by striking ‘‘classes specified in para21 graphs (1) and (2).’’ and inserting ‘‘class speci22 fied in paragraph (2).’’; and 

23 (4) in paragraph (4)— 

24 (A) by striking ‘‘65,000,’’ and inserting 

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1 sponsored immigrants under section 201(c)’’; 

2 and 

3 (B) by striking ‘‘classes specified in para4 graphs (1) through (3).’’ and inserting ‘‘class 

5 specified in paragraph (3).’’. 

6 (c) TERMINATION OF REGISTRATION.—Section 

7 203(g) (8 U.S.C. 1153(g)) is amended to read as follows: 

8 ‘‘(g) LISTS.— 

9 ‘‘(1) IN GENERAL.—For purposes of carrying 

10 out the orderly administration of this title, the Sec11 retary of State may make reasonable estimates of 

12 the anticipated numbers of immigrant visas to be 

13 issued during any quarter of any fiscal year within 

14 each of the categories under subsections (a), (b), 

15 and (c) and may rely upon such estimates in author16 izing the issuance of visas. 

17 ‘‘(2) TERMINATION OF REGISTRATION.— 

18 ‘‘(A) INFORMATION DISSEMINATION.—Not 

19 later than 180 days after the date of the enact20 ment of the Border Security, Economic Oppor21 tunity, and Immigration Modernization Act, the 

22 Secretary of Homeland Security and the Sec23 retary of State shall adopt a plan to broadly 

24 disseminate information to the public regarding 

25 termination of registration procedures described 


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1 in subparagraphs (B) and (C), including proce2 dures for notifying the Department of Home3 land Security and the Department of State of 

4 any change of address on the part of a peti5 tioner or a beneficiary of an immigrant visa pe6 tition. 

7 ‘‘(B) TERMINATION FOR FAILURE TO AD8 JUST.—The Secretary of Homeland Security 

9 shall terminate the registration of any alien who 

10 has evidenced an intention to acquire lawful 

11 permanent residence under section 245 and who 

12 fails to apply to adjust status within 1 year fol13 lowing notification to the alien of the avail14 ability of an immigrant visa. 

15 ‘‘(C) TERMINATION FOR FAILURE TO

16 APPLY.—The Secretary of State shall terminate 

17 the registration of any alien not described in 

18 subparagraph (B) who fails to apply for an im19 migrant visa within 1 year following notification 

20 to the alien of the availability of such visa. 

21 ‘‘(3) REINSTATEMENT.—The registration of 

22 any alien that was terminated under paragraph (2) 

23 shall be reinstated if the alien establishes within 2 

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1 ability of such visa demonstrates that such failure to 

2 apply was due to good cause.’’. 

3 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) DEFINITIONS.—Section 101(a)(15)(K)(ii) 

5 (8 U.S.C. 1101(a)(15)(K)(ii)) is amended by strik6 ing ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 

7 201(b)(2) (other than clause (v) or (vi) of subpara8 graph (A))’’. 

9 (2) PER COUNTRY LEVEL.—Section 

10 202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended 

11 by striking ‘‘section 201(b)(2)(A)(i)’’ and inserting 

12 ‘‘section 201(b)(2) (other than clause (v) or (vi) of 

13 subparagraph (A))’’. 

14 (3) RULES FOR DETERMINING WHETHER CER15 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 

16 201(f) (8 U.S.C. 1151(f)) is amended— 

17 (A) in paragraph (1), by striking ‘‘para18 graphs (2) and (3),’’ and inserting ‘‘paragraph 

19 (2),’’; 

20 (B) by striking paragraph (2); 

21 (C) by redesignating paragraphs (3) and 

22 (4) as paragraphs (2) and (3), respectively; and 

23 (D) in paragraph (3), as redesignated by 

24 subparagraph (C), by striking ‘‘through (3)’’ 

25 and inserting ‘‘and (2)’’. 


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1 (4) NUMERICAL LIMITATION TO ANY SINGLE

2 FOREIGN STATE.—Section 202 (8 U.S.C. 1152) is 

3 amended— 

4 (A) in subsection (a)(4)— 

5 (i) by striking subparagraphs (A) and 

6 (B); 

7 (ii) by redesignating subparagraphs 

8 (C) and (D) as subparagraphs (A) and 

9 (B), respectively; and 

10 (iii) in subparagraph (A), as redesig11 nated by clause (ii), by striking ‘‘section 

12 203(a)(2)(B)’’ and inserting ‘‘section 

13 203(a)(2)’’; and 

14 (B) in subsection (e), in the flush matter 

15 following paragraph (3), by striking ‘‘, or as 

16 limiting the number of visas that may be issued 

17 under section 203(a)(2)(A) pursuant to sub18 section (a)(4)(A)’’. 

19 (5) ALLOCATION OF IMMIGRANT VISAS.—Sec20 tion 203(h) (8 U.S.C. 1153(h)) is amended— 

21 (A) in paragraph (1)— 

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘subsections 

24 (a)(2)(A) and (d)’’ and inserting ‘‘sub25 section (d)’’; 


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1 (ii) in subparagraph (A), by striking 

2 ‘‘becomes available for such alien (or, in 

3 the case of subsection (d), the date on 

4 which an immigrant visa number became 

5 available for the alien’s parent),’’ and in6 serting ‘‘became available for the alien’s 

7 parent,’’; and 

8 (iii) in subparagraph (B), by striking 

9 ‘‘applicable’’; 

10 (B) by amending paragraph (2) to read as 

11 follows: 

12 ‘‘(2) PETITIONS DESCRIBED.—The petition de13 scribed in this paragraph is a petition filed under 

14 section 204 for classification of the alien’s parent 

15 under subsection (a), (b), or (c).’’; and 

16 (C) by amending paragraph (3) to read as 

17 follows: 

18 ‘‘(3) RETENTION OF PRIORITY DATE.— 

19 ‘‘(A) PETITIONS FILED FOR CHILDREN.— 

20 For a petition originally filed to classify a child 

21 under subsection (d), if the age of the alien is 

22 determined under paragraph (1) to be 21 years 

23 of age or older on the date that a visa number 

24 becomes available to the alien’s parent who was 

25 the principal beneficiary of the petition, then, 


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1 upon the parent’s admission to lawful perma2 nent residence in the United States, the petition 

3 shall automatically be converted to a petition 

4 filed by the parent for classification of the alien 

5 under subsection (a)(2) and the petition shall 

6 retain the priority date established by the origi7 nal petition. 

8 ‘‘(B) FAMILY AND EMPLOYMENT-BASED

9 PETITIONS.—The priority date for any family10 or employment-based petition shall be the date 

11 of filing of the petition with the Secretary of 

12 Homeland Security (or the Secretary of State, 

13 if applicable), unless the filing of the petition 

14 was preceded by the filing of a labor certifi15 cation with the Secretary of Labor, in which 

16 case that date shall constitute the priority date. 

17 The beneficiary of any petition shall retain his 

18 or her earliest priority date based on any peti19 tion filed on his or her behalf that was approv20 able when filed, regardless of the category of 

21 subsequent petitions.’’. 

22 (6) PROCEDURE FOR GRANTING IMMIGRANT

23 STATUS.—Section 204 (8 U.S.C. 1154) is amend24 ed— 

25 (A) in subsection (a)(1)— 


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1 (i) in subparagraph (A)— 

2 (I) in clause (i), by inserting ‘‘or 

3 alien lawfully admitted for permanent 

4 residence’’ after ‘‘citizen of the United 

5 States’’; 

6 (II) in clause (ii), by striking 

7 ‘‘described in the second sentence of 

8 section 201(b)(2)(A)(i) also’’ and in9 serting ‘‘or alien child described in 

10 section 201(b)(2)(C)’’; 

11 (III) in clause (iii)— 

12 (aa) in subclause (I)(aa), by 

13 striking ‘‘United States citizen’’ 

14 and inserting ‘‘citizen of the 

15 United States or lawful perma16 nent resident’’; and 

17 (bb) in subclause (II)(aa)— 

18 (AA) in subitem (AA), 

19 by striking the semicolon at 

20 the end and inserting ‘‘or 

21 lawful permanent resident;’’; 

22 (BB) in subitem 

23 (BB)— 

24 (cc) by inserting ‘‘or 

25 lawful permanent resident’’ 


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1 after ‘‘a citizen of the 

2 United States’’; and 

3 (dd) by striking 

4 ‘‘States;’’ and inserting 

5 ‘‘States or lawful permanent 

6 resident;’’; and 

7 (CC) by amending subitem (CC) to read as follows: 

8 ‘‘(CC) who was a bona fide spouse of a citizen 

9 of the United States or a lawful permanent resident 

10 within the past 2 years and— 

11 ‘‘(aaa) whose spouse died within the past 

12 2 years; 

13 ‘‘(bbb) whose spouse renounced citizenship 

14 status or renounced or lost status as a lawful 

15 permanent resident within the past 2 years re16 lated to an incident of domestic violence; or 

17 ‘‘(ccc) who demonstrates a connection be18 tween the legal termination of the marriage 

19 within the past 2 years and battering or ex20 treme cruelty by the spouse who is a citizen of 

21 the United States or a lawful permanent resi22 dent spouse;’’; 

23 (IV) in clause (iv), by inserting 

24 ‘‘or lawful permanent resident’’ after 


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1 ‘‘citizen’’ each place that term ap2 pears; 

3 (V) in clause (v)(I), by inserting 

4 ‘‘or lawful permanent resident’’ after 

5 ‘‘citizen’’; and 

6 (VI) in clause (vi)— 

7 (aa) by striking ‘‘citizen8 ship,’’ and inserting ‘‘citizenship 

9 or lawful permanent resident sta10 tus,’’; and 

11 (bb) by inserting ‘‘or lawful 

12 permanent resident’’ after ‘‘abus13 er’s citizenship’’; 

14 (ii) by striking subparagraph (B); 

15 (iii) in subparagraph (C), by striking 

16 ‘‘subparagraph (A)(iii), (A)(iv), (B)(ii), or 

17 (B)(iii)’’ and inserting ‘‘clause (iii) or (iv) 

18 of subparagraph (A)’’; and 

19 (iv) in subparagraph (J), by striking 

20 ‘‘or clause (ii) or (iii) of subparagraph 

21 (B)’’; 

22 (B) in subsection (a), by striking para23 graph (2); 

24 (C) in subsection (c)(1), by striking ‘‘or 

25 preference status’’; and 


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1 (D) in subsection (h), by striking ‘‘or a pe2 tition filed under subsection (a)(1)(B)(ii)’’. 

3 (7) EXCLUDABLE ALIENS.—Section 

4 212(d)(12)(B) (8 U.S.C. 1182(d)(12)(B)) is amend5 ed by striking ‘‘section 201(b)(2)(A)’’ and inserting 

6 ‘‘section 201(b)(2) (other than subparagraph 

7 (A)(vi))’’. 

8 (8) ADMISSION OF NONIMMIGRANTS.—Section 

9 214(r)(3)(A) (8 U.S.C. 1184(r)(3)(A)) is amended 

10 by striking ‘‘section 201(b)(2)(A)(i).’’ and inserting 

11 ‘‘section 201(b)(2) (other than clause (v) or (vi) of 

12 subparagraph (A)).’’. 

13 (9) REFUGEE CRISIS IN IRAQ ACT OF 2007.— 

14 Section 1243(a)(4) of the Refugee Crisis in Iraq Act 

15 of 2007 (8 U.S.C. 1157 note) is amended by strik16 ing ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 

17 201(b)(2) (other than clause (v) or (vi) of subpara18 graph (A))’’. 

19 (10) PROCESSING OF VISA APPLICATIONS.— 

20 Section 233 of the Department of State Authoriza21 tion Act, Fiscal Year 2003 (8 U.S.C. 1201 note) is 

22 amended by striking ‘‘section 201(b)(2)(A)(i)’’ and 

23 inserting ‘‘section 201(b)(2) (other than clause (v) 

24 or (vi) of subparagraph (A))’’. 


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1 (11) ADJUSTMENT OF STATUS.—Section 245(a) 

2 (8 U.S.C. 1255(a)) is amended to read as follows: 

3 ‘‘(a)(1) The status of an alien who was inspected and 

4 admitted or paroled into the United States or the status 

5 of any other alien having an approved petition for classi6 fication as a VAWA self-petitioner may be adjusted by the 

7 Attorney General or the Secretary of Homeland Security, 

8 in the Attorney General’s or the Secretary’s discretion and 

9 under such regulations as the Attorney General or Sec10 retary may prescribe, to that of an alien lawfully admitted 

11 for permanent residence (regardless of whether the alien 

12 has already been admitted for permanent residence) if— 

13 ‘‘(A) the alien makes an application for such 

14 adjustment; 

15 ‘‘(B) the alien is eligible to receive an immi16 grant visa and is admissible to the United States for 

17 permanent residence; and 

18 ‘‘(C) subject to paragraph (2), an immigrant 

19 visa is immediately available to the alien at the time 

20 the alien’s application is filed. 

21 ‘‘(2)(A) An application that is based on a petition ap22 proved or approvable under subparagraph (A) or (B) of 

23 section 204(a)(1) may be filed without regard to the limi24 tation set forth in paragraph (1)(C). 


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1 ‘‘(B) An application for adjustment filed for an alien 

2 under this paragraph may not be approved until such time 

3 as an immigrant visa becomes available for the alien.’’. 

4 (e) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on the date of the enactment 

6 of this Act. 

7 SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR8 EIGN STATES. 

9 (a) NUMERICAL LIMITATION TO ANY SINGLE FOR10 EIGN STATE.—Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is 

11 amended— 

12 (1) in the paragraph heading, by striking 

13 ‘‘AND EMPLOYMENT-BASED’’; 

14 (2) by striking ‘‘(3), (4), and (5),’’ and insert15 ing ‘‘(3) and (4),’’; 

16 (3) by striking ‘‘subsections (a) and (b) of sec17 tion 203’’ and inserting ‘‘section 203(a)’’; 

18 (4) by striking ‘‘7’’ and inserting ‘‘15’’; and 

19 (5) by striking ‘‘such subsections’’ and inserting 

20 ‘‘such section’’. 

21 (b) CONFORMING AMENDMENTS.—Section 202 (8 

22 U.S.C. 1152) is amended— 

23 (1) in subsection (a)— 


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1 (A) in paragraph (3), by striking ‘‘both 

2 subsections (a) and (b) of section 203’’ and in3 serting ‘‘section 203(a)’’; and 

4 (B) by striking paragraph (5); and 

5 (2) by amending subsection (e) to read as fol6 lows: 

7 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 

8 If it is determined that the total number of immigrant 

9 visas made available under section 203(a) to natives of 

10 any single foreign state or dependent area will exceed the 

11 numerical limitation specified in subsection (a)(2) in any 

12 fiscal year, in determining the allotment of immigrant visa 

13 numbers to natives under section 203(a), visa numbers 

14 with respect to natives of that state or area shall be allo15 cated (to the extent practicable and otherwise consistent 

16 with this section and section 203) in a manner so that, 

17 except as provided in subsection (a)(4), the proportion of 

18 the visa numbers made available under each of paragraphs 

19 (1) through (4) of section 203(a) is equal to the ratio of 

20 the total number of visas made available under the respec21 tive paragraph to the total number of visas made available 

22 under section 203(a).’’. 

23 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 

24 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 

25 note) is amended— 


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1 (1) in subsection (a), by striking ‘‘subsection 

2 (e))’’ and inserting ‘‘subsection (d))’’; and 

3 (2) by striking subsection (d) and redesignating 

4 subsection (e) as subsection (d). 

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

6 this section shall take effect 1 year after the date of the 

7 enactment of this Act. 

8 SEC. 2307. ALLOCATION OF IMMIGRANT VISAS. 

9 (a) PREFERENCE ALLOCATION FOR FAMILY-BASED

10 IMMIGRANTS.— 

11 (1) IN GENERAL.—Section 203(a) (8 U.S.C. 

12 1153(a)) is amended to read as follows: 

13 ‘‘(a) PREFERENCE ALLOCATION FOR FAMILY-BASED

14 IMMIGRANTS.—Aliens subject to the worldwide level speci15 fied in section 201(c) for family-based immigrants shall 

16 be allotted visas as follows: 

17 ‘‘(1) SONS AND DAUGHTERS OF CITIZENS.— 

18 Qualified immigrants who are— 

19 ‘‘(A) the unmarried sons or unmarried 

20 daughters but not the children of citizens of the 

21 United States shall be allocated visas in a num22 ber not to exceed 35 percent of the worldwide 

23 level authorized in section 201(c), plus the sum 

24 of— 


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1 ‘‘(i) the number of visas not required 

2 for the class specified in paragraph (2) for 

3 the current fiscal year; and 

4 ‘‘(ii) the number of visas not required 

5 for the class specified in subparagraph (B); 

6 or 

7 ‘‘(B) the married sons or married daugh8 ters of citizens of the United States who are 

9 under 31 years of age at the time of filing a pe10 tition under section 204 shall be allocated visas 

11 in a number not to exceed 25 percent of the 

12 worldwide level authorized in section 201(c), 

13 plus the number of any visas not required for 

14 the class specified in subparagraph (A) current 

15 fiscal year. 

16 ‘‘(2) SONS AND DAUGHTERS OF RESIDENTS.— 

17 Qualified immigrants who are the unmarried sons or 

18 unmarried daughters of aliens admitted for perma19 nent residence shall be allocated visas in a number 

20 not to exceed 40 percent of the worldwide level au21 thorized in section 201(c), plus any visas not re22 quired for the class specified in paragraph (1)(A).’’. 

23 (2) CONFORMING AMENDMENTS.— 


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1 (A) PROCEDURE FOR GRANTING IMMI2 GRANT STATUS.—Section 204 (8 U.S.C. 1154) 

3 is amended— 

4 (i) in subsection (a)(1)(A)(i), by strik5 ing ‘‘(1), (3), or (4) of section 203(a)’’ and 

6 inserting ‘‘subparagraph (A) or (B) of sec7 tion 203(a)(1)’’; and 

8 (ii) in subsection (f)(1), by striking 

9 ‘‘section 201(b), 203(a)(1), or 203(a)(3),’’ 

10 and inserting ‘‘section 201(b) or subpara11 graph (A) or (B) of section 203(a)(1)’’. 

12 (B) AUTOMATIC CONVERSION.—For the 

13 purposes of any petition pending or approved 

14 based on a relationship described— 

15 (i) in subparagraph (A) of section 

16 203(a)(1) of the Immigration and Nation17 ality Act (8 U.S.C. 1153(a)(1)), as amend18 ed by paragraph (1), and notwithstanding 

19 the age of the alien, such a petition shall 

20 be deemed reclassified as a petition based 

21 on a relationship described in subpara22 graph (B) of such section 203(a)(1) upon 

23 the marriage of such alien; or 

24 (ii) in subparagraph (B) of such sec25 tion 203(a)(1), such a petition shall be 


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1 deemed reclassified as a petition based on 

2 a relationship described in subparagraph 

3 (A) of such section 203(a)(1) upon the 

4 legal termination of marriage or death of 

5 such alien’s spouse. 

6 (3) EFFECTIVE DATE.—The amendments made 

7 by this subsection shall take effect on the first day 

8 of the first fiscal year that begins at least 18 months 

9 following the date of the enactment of this Act. 

10 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT11 BASED IMMIGRANTS.—Section 201(b)(1) (8 U.S.C. 

12 1151(b)(1)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(F) Derivative beneficiaries as described 

15 in section 203(d) of employment-based immi16 grants under section 203(b). 

17 ‘‘(G) Aliens with extraordinary ability in 

18 the sciences, arts, education, business, or ath19 letics which has been demonstrated by sus20 tained national or international acclaim, if, with 

21 respect to any such alien— 

22 ‘‘(i) the achievements of such alien 

23 have been recognized in the field through 

24 extensive documentation; 


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1 ‘‘(ii) such alien seeks to enter the 

2 United States to continue work in the area 

3 of extraordinary ability; and 

4 ‘‘(iii) the entry of such alien into the 

5 United States will substantially benefit 

6 prospectively the United States. 

7 ‘‘(H) Aliens who are outstanding profes8 sors and researchers if, with respect to any 

9 such alien— 

10 ‘‘(i) the alien is recognized inter11 nationally as outstanding in a specific aca12 demic area; 

13 ‘‘(ii) the alien has at least 3 years of 

14 experience in teaching or research in the 

15 academic area; and 

16 ‘‘(iii) the alien seeks to enter the 

17 United States— 

18 ‘‘(I) to be employed in for a 

19 tenured position (or tenure-track posi20 tion) within a not for profit university 

21 or institution of higher education to 

22 teach in the academic area; 

23 ‘‘(II) for employment in a com24 parable position with a not for profit 

25 university or institution of higher eduVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 cation , or a governmental research 

2 organization, to conduct research in 

3 the area; or 

4 ‘‘(III) for employment in a com5 parable position to conduct research 

6 in the area with a department, divi7 sion, or institute of a private em8 ployer, if the department, division, or 

9 institute employs at least 3 persons 

10 full-time in research activities and has 

11 achieved documented accomplishments 

12 in an academic field. 

13 ‘‘(I) Aliens who are multinational execu14 tives and managers if, with respect to any such 

15 alien— 

16 ‘‘(i) in the 3 years preceding the time 

17 of the alien’s application for classification 

18 and admission into the United States 

19 under this subparagraph, the alien has 

20 been employed for at least 1 year by a firm 

21 or corporation or other legal entity or an 

22 affiliate or subsidiary thereof; and 

23 ‘‘(ii) the alien seeks to enter the 

24 United States in order to continue to 

25 render services to the same employer or to 


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1 a subsidiary or affiliate thereof in a capac2 ity that is managerial or executive. 

3 ‘‘(J) Aliens who have earned a doctorate 

4 degree. 

5 ‘‘(K) Alien physicians who have completed 

6 the foreign residency requirements under sec7 tion 212(e) or obtained a waiver of these re8 quirements or an exemption requested by an in9 terested State agency or by an interested Fed10 eral agency under section 214(l), including 

11 those alien physicians who completed such serv12 ice before the date of the enactment of the Bor13 der Security, Economic Opportunity, and Immi14 gration Modernization Act.’’. 

15 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) PROCEDURE FOR GRANTING IMMIGRANT

17 STATUS.—Section 204(a)(1)(E) (8 U.S.C. 

18 1154(a)(1)(E)) is amended by striking ‘‘under sec19 tion 203(b)(1)(A)’’ and inserting ‘‘under subpara20 graph (G), (H), (I), (J) or (K) of section 201(b)(1), 

21 or section’’. 

22 (2) TREATMENT OF DERIVATIVE FAMILY MEM23 BERS.—Section 203(d) (8 U.S.C. 1153(d)) is 

24 amended to read as follows: 


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1 ‘‘(d) TREATMENT OF FAMILY MEMBERS.—If accom2 panying or following to join a spouse or parent issued a 

3 visa under subsection (a), (b), or (c), subparagraph (G), 

4 (H), (I), (j), or (K) of section 201(b)(1), or section 

5 201(b)(2), a spouse or child as defined in subparagraph 

6 (A), (B), (C), (D), or (E) of section 101(b)(1) shall be 

7 entitled to the same immigrant status and the same order 

8 of consideration provided in the respective subsection.’’. 

9 (3) ALIENS WHO ARE PRIORITY WORKERS OR

10 MEMBERS OF THE PROFESSIONS HOLDING AD11 VANCED DEGREES.—Section 203(b) (8 U.S.C. 

12 1153(b)) is amended— 

13 (A) in the matter preceding paragraph (1), 

14 by striking ‘‘Aliens’’ and inserting ‘‘Other than 

15 aliens described in paragraph (1) or (2)(B), 

16 aliens’’; 

17 (B) in paragraph (1) by striking the mat18 ter preceding subparagraph (A) and inserting 

19 ‘‘Aliens described in any of the following sub20 paragraphs be admitted to the United States 

21 without respect to the worldwide level specified 

22 in section 201(d)’’; and 

23 (C) by amending (2) to read as follows: 


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1 ‘‘(2) ALIENS WHO ARE MEMBERS OF THE PRO2 FESSIONS HOLDING ADVANCED DEGREES OR AD3 VANCED DEGREES IN A STEM FIELD.— 

4 ‘‘(A) PROFESSIONS HOLDING ADVANCED

5 DEGREES.—Visas shall be made available, in a 

6 number not to exceed 40 percent of the world7 wide level authorized in section 201(d), plus 

8 any visas not required for the classes specified 

9 in paragraph (5), to qualified immigrants who 

10 are members of the professions holding ad11 vanced degrees or their equivalent whose serv12 ices in the sciences, arts, professions, or busi13 ness are sought by an employer in the United 

14 States, including alien physicians holding for15 eign medical degrees that have been deemed 

16 sufficient for acceptance by an accredited 

17 United States medical residency or fellowship 

18 program. 

19 ‘‘(B) ADVANCED DEGREES IN A STEM

20 FIELD.— 

21 ‘‘(i) IN GENERAL.—A qualified immi22 grant shall be admitted to the United 

23 States without respect to the worldwide 

24 level specified in section 201(d) if such im25 migrant— 


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1 ‘‘(I) has earned a graduate de2 gree at the level of master’s or higher 

3 in a field of science, technology, engi4 neering, or mathematics from an ac5 credited United States institution of 

6 higher education 

7 ‘‘(II) has an offer of employment 

8 from a United States employer in a 

9 field related to such degree; and 

10 ‘‘(III) earned the qualifying grad11 uate degree within the 5 years imme12 diately prior to the initial filing date 

13 of the petition under which the non14 immigrant is a beneficiary. 

15 ‘‘(ii) UNITED STATES DOCTORAL IN16 STITUTION OF HIGHER EDUCATION.—In 

17 this subparagraph, the term ‘United States 

18 doctoral institution of higher education’ 

19 means an institution that— 

20 ‘‘(I) is described in section 

21 101(a) of the Higher Education Act 

22 of 1965 (20 U.S.C. 1001(a)) or is a 

23 proprietary institution of higher edu24 cation (as defined in section 102(b) of 

25 such Act (20 U.S.C. 1002(b))); 


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1 ‘‘(II) was classified by the Car2 negie Foundation for the Advance3 ment of Teaching on January 1, 

4 2012, as a doctorate-granting univer5 sity with a very high or high level of 

6 research activity or classified by the 

7 National Science Foundation after the 

8 date of enactment of this paragraph, 

9 pursuant to an application by the in10 stitution, as having equivalent re11 search activity to those institutions 

12 that had been classified by the Car13 negie Foundation as being doctorate14 granting universities with a very high 

15 or high level of research activity; and 

16 ‘‘(III) is accredited by an accred17 iting body that is itself accredited ei18 ther by the Department of Education 

19 or by the Council for Higher Edu20 cation Accreditation. 

21 ‘‘(C) WAIVER OF JOB OFFER.— 

22 ‘‘(i) NATIONAL INTEREST WAIVER.— 

23 Subject to clause (ii), the Secretary of 

24 Homeland Security may, if the Secretary 

25 deems it to be in the national interest, 


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1 waive the requirements of subparagraph 

2 (A) that an alien’s services in the sciences, 

3 arts, professions, or business be sought by 

4 an employer in the United States. 

5 ‘‘(ii) PHYSICIANS WORKING IN SHORT6 AGE AREAS OR VETERANS FACILITIES.— 

7 ‘‘(I) IN GENERAL.—The Sec8 retary shall grant a national interest 

9 waiver pursuant to clause (i) on be10 half of any alien physician with re11 spect to whom a petition for pref12 erence classification has been filed 

13 under subparagraph (A) if— 

14 ‘‘(aa) the alien physician 

15 agrees to work full time as a phy16 sician practicing primary care, 

17 specialty medicine, or a combina18 tion thereof, in an area or areas 

19 designated by the Secretary of 

20 Health and Human Services as 

21 having a shortage of health care 

22 professionals or at a health care 

23 facility under the jurisdiction of 

24 the Secretary of Veterans Affairs; 

25 or 


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1 ‘‘(bb) the alien physician is 

2 pursuing such waiver based upon 

3 service at a facility or facilities 

4 that serve patients who reside in 

5 a geographic area or areas des6 ignated by the Secretary of 

7 Health and Human Services as 

8 having a shortage of health care 

9 professionals (without regard to 

10 whether such facility or facilities 

11 are located within such an area) 

12 and a Federal agency or a local, 

13 county, regional, or State depart14 ment of public health determines 

15 that the alien physician’s work at 

16 such facility was or will be in the 

17 public interest. 

18 ‘‘(II) PROHIBITION.— 

19 ‘‘(aa) No permanent resi20 dent visa may be issued to an 

21 alien physician described in sub22 clause (I) by the Secretary of 

23 State under section 204(b), and 

24 the Secretary of Homeland Secu25 rity may not adjust the status of 


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1 such an alien physician from that 

2 of a nonimmigrant alien to that 

3 of a permanent resident alien 

4 under section 245, until such 

5 time as the alien has worked full 

6 time as a physician for an aggre7 gate of 5 years (not including the 

8 time served in the status of an 

9 alien described in section 

10 101(a)(15)(J)), in an area or 

11 areas designated by the Secretary 

12 of Health and Human Services 

13 as having a shortage of health 

14 care professionals or at a health 

15 care facility under the jurisdic16 tion of the Secretary of Veterans 

17 Affairs; or at a facility or facili18 ties meeting the requirements of 

19 subclause (I)(bb). 

20 ‘‘(bb) The 5-year service re21 quirement of item (aa) shall be 

22 counted from the date the alien 

23 physician begins work in the 

24 shortage area in any legal status 

25 and not the date an immigrant 


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1 visa petition is filed or approved. 

2 Such service shall be aggregated 

3 without regard to when such 

4 service began and without regard 

5 to whether such service began 

6 during or in conjunction with a 

7 course of graduate medical edu8 cation. 

9 ‘‘(cc) An alien physician 

10 shall not be required to submit 

11 an employment contract with a 

12 term exceeding the balance of the 

13 5-year commitment yet to be 

14 served, nor an employment con15 tract dated within a minimum 

16 time period prior to filing of a 

17 visa petition pursuant to this 

18 subsection. 

19 ‘‘(dd) An alien physician 

20 shall not be required to file addi21 tional immigrant visa petitions 

22 upon a change of work location 

23 from the location approved in the 

24 original national interest immi25 grant petition. 


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1 ‘‘(III) STATUTORY CONSTRUC2 TION.—Nothing in this subparagraph 

3 may be construed to prevent the filing 

4 of a petition with the Secretary of 

5 Homeland Security for classification 

6 under section 204(a), by an alien phy7 sician described in subclause (I) prior 

8 to the date by which such alien physi9 cian has completed the service de10 scribed in subclause (II) or in section 

11 214(l).’’. 

12 (4) EXCEPTION FROM LABOR CERTIFICATION

13 REQUIREMENT FOR STEM IMMIGRANTS.—Section 

14 212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is amended 

15 to read as follows: 

16 ‘‘(D) APPLICATION OF GROUNDS.— 

17 ‘‘(i) IN GENERAL.—Except as pro18 vided in clause (ii), the grounds for inad19 missibility of aliens under subparagraphs 

20 (A) and (B) shall apply to immigrants 

21 seeking admission or adjustment of status 

22 under paragraph (2) or (3) of section 

23 203(b). 

24 ‘‘(ii) SPECIAL RULE FOR STEM IMMI25 GRANTS.—The grounds for inadmissibility 


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1 of aliens under subparagraph (A) shall not 

2 apply to an immigrant seeking admission 

3 or adjustment of status under paragraph 

4 (2)(A)(ii) of section 203(b).’’. 

5 (5) SKILLED WORKERS, PROFESSIONALS, AND

6 OTHER WORKERS.— 

7 (A) IN GENERAL.—Section 203(b)(3)(A) 

8 (8 U.S.C. 1153(b)(3)(A)) is amended by strik9 ing ‘‘in a number not to exceed 28.6 percent of 

10 such worldwide level, plus any visas not re11 quired for the classes specified in paragraphs 

12 (1) and (2),’’ and inserting ‘‘ in a number not 

13 to exceed 40 percent of the worldwide level au14 thorized in section 201(d), plus any visas not 

15 required for the class specified in paragraph 

16 (2),’’. 

17 (B) MEDICAL LICENSE REQUIREMENTS.— 

18 Section 214(i)(2)(A) (8 U.S.C. 1184(i)(2)(A)) 

19 is amended by adding at the end ‘‘including in 

20 the case of a medical doctor, the licensure re21 quired to practice medicine in the United 

22 States,’’. 

23 (C) REPEAL OF LIMITATION ON OTHER

24 WORKERS.—Section 203(b)(3) (8 U.S.C. 

25 1153(b)(3)) is amended— 


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1 (i) by striking subparagraph (B); and 

2 (ii) redesignated subparagraph (C) as 

3 subparagraph (B). 

4 (6) CERTAIN SPECIAL IMMIGRANTS.—Section 

5 203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by 

6 striking ‘‘in a number not to exceed 7.1 percent of 

7 such worldwide level,’’ and inserting ‘‘in a number 

8 not to exceed 10 percent of the worldwide level au9 thorized in section 201(d), plus any visas not re10 quired for the class specified in paragraph (3),’’. 

11 (7) EMPLOYMENT CREATION.—Section 

12 203(b)(5)(A) (8 U.S.C. 1153(b)(5)(A)) is amended 

13 by striking ‘‘in a number not to exceed 7.1 percent 

14 of such worldwide level,’’ and inserting ‘‘ in a num15 ber not to exceed 10 percent of the worldwide level 

16 authorized in section 201(d), plus any visas not re17 quired for the class specified in paragraph (4),’’. 

18 SEC. 2308. V NONIMMIGRANT VISAS. 

19 (a) NONIMMIGRANT ELIGIBILITY.—Subparagraph 

20 (V) of section 101(a)(15) (8 U.S.C. 1101(a)(15)) is 

21 amended to read as follows: 

22 ‘‘(V)(i) subject to section 214(q)(1) and 

23 section 212(a)(4), an alien who is the bene24 ficiary of an approved petition under section 

25 203(a) as— 


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1 ‘‘(I) the unmarried son or unmarried 

2 daughter of a citizen of the United States; 

3 ‘‘(II) the unmarried son or unmarried 

4 daughter of an alien lawfully admitted for 

5 permanent residence; or 

6 ‘‘(III) the married son or married 

7 daughter of a citizen of the United States 

8 and who is under 31 years of age; or 

9 ‘‘(ii) subject to section 214(q)(2), an alien 

10 who is— 

11 ‘‘(I) the sibling of a citizen of the 

12 United States; or 

13 ‘‘(II) the married son or married 

14 daughter of a citizen of the United States 

15 and who is over 31 years of age.’’. 

16 (b) EMPLOYMENT AND PERIOD OF ADMISSION OF

17 NONIMMIGRANTS DESCRIBED IN SECTION

18 101(A)(15)(V).—Section 214(q) (8 U.S.C. 1184(q)) is 

19 amended to read as follows: 

20 ‘‘(q) NONIMMIGRANTS DESCRIBED IN SECTION

21 101(A)(15)(V).— 

22 ‘‘(1) CERTAIN SONS AND DAUGHTERS.— 

23 ‘‘(A) EMPLOYMENT AUTHORIZATION.—The 

24 Secretary shall— 


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1 ‘‘(i) authorize a nonimmigrant admit2 ted pursuant to section 101(a)(15)(V)(i) to 

3 engage in employment in the United States 

4 during the period of such nonimmigrant’s 

5 authorized admission; and 

6 ‘‘(ii) provide such a nonimmigrant 

7 with an ‘employment authorized’ endorse8 ment or other appropriate document signi9 fying authorization of employment. 

10 ‘‘(B) TERMINATION OF ADMISSION.—The 

11 period of authorized admission for such a non12 immigrant shall terminate 30 days after the 

13 date on which— 

14 ‘‘(i) such nonimmigrant’s application 

15 for an immigrant visa pursuant to the ap16 proval of a petition under subsection (a) or 

17 (c) of section 203 is denied; or 

18 ‘‘(ii) such nonimmigrant’s application 

19 for adjustment of status under section 245 

20 pursuant to the approval of such a petition 

21 is denied. 

22 ‘‘(2) SIBLINGS AND SONS AND DAUGHTERS OF

23 CITIZENS.— 

24 ‘‘(A) EMPLOYMENT AUTHORIZATION.—The 

25 Secretary may not authorize a nonimmigrant 


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1 admitted pursuant to section 101(a)(15)(V)(ii) 

2 to engage in employment in the United States. 

3 ‘‘(B) PERIOD OF ADMISSION.—The period 

4 of authorized admission as such a non5 immigrant may not exceed 60 days per fiscal 

6 year. 

7 ‘‘(C) TREATMENT OF PERIOD OF ADMIS8 SION.—An alien admitted under section 

9 101(a)(15)(V) may not received an allocation of 

10 points pursuant to section 211 of this Act 

11 which is section 201(e) as amended for resi12 dence in the United States while admitted as 

13 such a nonimmigrant.’’. 

14 (c) PUBLIC BENEFITS.—A noncitizen who is lawfully 

15 present in the United States pursuant to section 

16 101(a)(15)(V) of the Immigration and Nationality Act (8 

17 U.S.C. 1101(a)(15)(V)) is not eligible for any means-test18 ed public benefits (as such term is defined in section 403 

19 of the Personal Responsibility and Work Opportunity Rec20 onciliation Act of 1996 (8 U.S.C. 1613)). A noncitizen ad21 mitted under this section is— 

22 (1) not entitled to the premium assistance tax 

23 credit authorized under section 36B of the Internal 

24 Revenue Code of 1986; 


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1 (2) shall be subject to the rules applicable to in2 dividuals not lawfully present that are set forth in 

3 subsection (e) of such section; and 

4 (3) shall be subject to the rules applicable to in5 dividuals not lawfully present that are set forth in 

6 section 1402(e) of the Patient Protection and Af7 fordable Care Act (42 U.S.C. 18071). 

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

9 this section shall take effect on the first day of the first 

10 fiscal year beginning after the date of the enactment of 

11 this Act. 

12 SEC. 2309. FIANCE ́ E AND FIANCE ́ CHILD STATUS PROTEC13 TION. 

14 (a) DEFINITION.—Section 101(a)(15)(K) (8 U.S.C. 

15 1101(a)(15)(K)(i) is amended— 

16 (1) in clause (i), by inserting ‘‘or of an alien 

17 lawfully admitted for permanent residence’’ after 

18 ‘‘204(a)(1)(A)(viii)(I))’’; 

19 (2) in clause (ii), by inserting ‘‘or of an alien 

20 lawfully admitted for permanent residence’’ after 

21 ‘‘204(a)(1)(A)(viii)(I))’’; and 

22 (3) in clause (iii), by striking the semicolon and 

23 inserting ‘‘, provided that a determination of the age 

24 of such child is made using the age of the alien on 

25 the date on which the fiance ́, fiance ́e, or immigrant 


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1 visa petition is filed with the Secretary of Homeland 

2 Security to classify the alien’s parent as the fiance ́e 

3 or fiance ́ of a United States citizen or of an alien 

4 lawfully admitted for permanent residence (in the 

5 case of an alien parent described in clause (i)) or as 

6 the spouse of a citizen of the United States or of an 

7 alien lawfully admitted to permanent residence 

8 under section 201(b)(2)(A)(i) (in the case of an 

9 alien parent described in clause (ii));’’. 

10 (b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 

11 214(d) (8 U.S.C. 1184(d)) is amended— 

12 (1) by redesignating paragraphs (2) and (3) as 

13 paragraphs (3) and (4), respectively; and 

14 (2) in paragraph (1), by striking ‘‘In the event’’ 

15 and all that follows through the end; and 

16 (3) by inserting after paragraph (1) the fol17 lowing: 

18 ‘‘(2)(A) If an alien does not marry the petitioner 

19 under paragraph (1) within 3 months after the alien and 

20 the alien’s children are admitted into the United States, 

21 the visa previously issued under the provisions of section 

22 1101(a)(15)(K)(i) shall automatically expire and such 

23 alien and children shall be required to depart from the 

24 United States. If such aliens fail to depart from the 


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1 United States, they shall be placed in proceedings in ac2 cordance with sections 240 and 241. 

3 ‘‘(B) Subject to subparagraphs (C) and (D), if an 

4 alien marries the petitioner described in section 

5 101(a)(15)(K)(i) within 90 days after the alien is admit6 ted into the United States, the Secretary or the Attorney 

7 General, subject to the provisions of section 245(d), may 

8 adjust the status of the alien, and any children accom9 panying or following to join the alien, to that of an alien 

10 lawfully admitted for permanent residence on a conditional 

11 basis under section 216 if the alien and any such children 

12 apply for such adjustment and are not determined to be 

13 inadmissible to the United States. If the alien does not 

14 apply for such adjustment within 6 months after the mar15 riage, the visa issued under the provisions of section 

16 1101(a)(15)(K) shall automatically expire. 

17 ‘‘(C) Paragraphs (5) and (7)(A) of section 212(a) 

18 shall not apply to an alien who is eligible to apply for ad19 justment of the alien’s status to an alien lawfully admitted 

20 for permanent residence under this section. 

21 ‘‘(D) An alien eligible for a waiver of inadmissibility 

22 as otherwise authorized under this Act or the Border Se23 curity, Economic Opportunity, and Immigration Mod24 ernization Act shall be permitted to apply for adjustment 


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1 of the alien’s status to that of an alien lawfully admitted 

2 for permanent residence under this section.’’. 

3 (c) AGE DETERMINATION.—Section 245(d) (8 U.S.C. 

4 1255(d)) is amended— 

5 (1) by inserting ‘‘(1)’’ before ‘‘The Attorney 

6 General’’ by striking ‘‘The Attorney General’’ and 

7 inserting ‘‘(1) The Secretary of Homeland Security’’; 

8 (2) in paragraph (1), as designated under para9 graph (1) of this subsection, by striking ‘‘Attorney 

10 General’’ and inserting ‘‘Secretary’’; and 

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

12 ‘‘(2) A determination of the age of an alien admitted 

13 to the United States under section 101(a)(15)(K)(iii) shall 

14 be made, for purposes of adjustment to the status of an 

15 alien lawfully admitted for permanent residence on a con16 ditional basis under section 216, using the age of the alien 

17 on the date on which the fiance ́, fiance ́e, or immigrant visa 

18 petition was filed with the Secretary of Homeland Security 

19 to classify the alien’s parent as the fiance ́e or fiance ́ of 

20 a United States citizen or of an alien lawfully admitted 

21 to permanent residence (in the case of an alien parent ad22 mitted to the United States under section 

23 101(a)(15)(K)(i)) or as the spouse of a United States cit24 izen or of an alien lawfully admitted to permanent resi25 dence under section 201(b)(2)(A)(i) (in the case of an 


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1 alien parent admitted to the United States under section 

2 101(a)(15)(K)(ii)).’’. 

3 (d) APPLICABILITY.—The amendments made by this 

4 section shall apply to all petitions or applications described 

5 in such amendments that are pending as of the date of 

6 the enactment of the Border Security, Economic Oppor7 tunity, and Immigration Modernization Act. 

8 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) DEFINITIONS.—Section 101(a)(15)(K) (8 

10 U.S.C. 1101(a)(15)(K)), as amended by subsection 

11 (a), if further amended— 

12 (A) in clause (ii), by striking ‘‘section 

13 201(b)(2)(A)(i)’’ and inserting ‘‘section 

14 201(b)(2)’’; and 

15 (B) in clause (iii), by striking ‘‘section 

16 201(b)(2)(A)(i)’’ and inserting ‘‘section 

17 201(b)(2)’’. 

18 (2) AGE DETERMINATION.—Section paragraph 

19 (2) of section 245(d) (8 U.S.C. 1255(d)), as add by 

20 subsection (c), is further amended by striking sec21 tion ‘‘201(b)(2)(A)(i)’’ and inserting ‘‘201(b)(2)’’. 

22 (3) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall take effect on the first day 

24 of the first fiscal year beginning no earlier than 1 

25 year after the date of the enactment of this Act. 


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1 SEC. 2310. EQUAL TREATMENT FOR ALL STEPCHILDREN. 

2 Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is 

3 amended by striking ‘‘eighteen years’’ and inserting ‘‘21 

4 years’’. 

5 SEC. 2311. INTERNATIONAL ADOPTION HARMONIZATION. 

6 (a) MODIFICATION OF ADOPTION AGE REQUIRE7 MENTS.—Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is 

8 amended— 

9 (1) in subparagraph (E)— 

10 (A) by striking ‘‘(E)(i)’’ and inserting 

11 ‘‘(E)’’; 

12 (B) by striking ‘‘sixteen’’ and inserting 

13 ‘‘18’’; 

14 (C) by striking ‘‘; or’’ and inserting a 

15 semicolon; and 

16 (D) by striking clause (ii); 

17 (2) in subparagraph (F)— 

18 (A) by striking ‘‘(F)(i)’’ and inserting 

19 ‘‘(F)’’; 

20 (B) by striking ‘‘sixteen’’ and inserting 

21 ‘‘18’’; 

22 (C) by striking ‘‘Attorney General’’ and in23 serting ‘‘Secretary of Homeland Security’’; and 

24 (D) by striking clause (ii); and 

25 (3) in subparagraph (G), by striking ‘‘16’’ and 

26 inserting ‘‘18’’. 


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1 (b) HARMONIZING ADOPTIONS BETWEEN HAGUE

2 CONVENTION AND NON-HAGUE-CONVENTION COUN3 TRIES.—Section 212(a)(1)(C)(ii) (8 U.S.C. 

4 1182(a)(1)(C)(ii)) is amended by striking ‘‘section 

5 101(b)(1)(F),’’ and inserting ‘‘subparagraph (F) or (G) 

6 of section 101(b)(1),’’. 

7 SEC. 2312. RELIEF FOR ORPHANS, WIDOWS, AND WID8 OWERS. 

9 (a) IN GENERAL.— 

10 (1) SPECIAL RULE FOR ORPHANS AND

11 SPOUSES.—In applying clauses (iii) and (iv) of sec12 tion 201(b)(2)(A) of the Immigration and Nation13 ality Act, as added by section 102(a) of this Act, to 

14 an alien whose citizen or lawful permanent resident 

15 relative died before the date of the enactment of this 

16 Act, the alien relative may file the classification peti17 tion under section 204(a)(1)(A)(ii) of such Act, as 

18 amended by section 102(c)(4)(A)(i)(II) of this Act, 

19 not later than 2 years after the date of the enact20 ment of this Act. 

21 (2) ELIGIBILITY FOR PAROLE.—If an alien was 

22 excluded, deported, removed, or departed voluntarily 

23 before the date of the enactment of this Act based 

24 solely upon the alien’s lack of classification as an 

25 immediate relative (as defined in section 


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1 201(b)(2)(A)(iv) of the Immigration and Nationality 

2 Act, as amended by section 102(a) of this Act) due 

3 to the death of such citizen or resident— 

4 (A) such alien shall be eligible for parole 

5 into the United States pursuant to the Sec6 retary’s discretionary authority under section 

7 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); 

8 and 

9 (B) such alien’s application for adjustment 

10 of status shall be considered notwithstanding 

11 section 212(a)(9) of such Act (8 U.S.C. 

12 1182(a)(9)). 

13 (3) ELIGIBILITY FOR PAROLE.—If an alien de14 scribed in section 204(l) of the Immigration and Na15 tionality Act (8 U.S.C. 1154(l)), was excluded, de16 ported, removed, or departed voluntarily before the 

17 date of the enactment of this Act— 

18 (A) such alien shall be eligible for parole 

19 into the United States pursuant to the Sec20 retary’s discretionary authority under section 

21 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); 

22 and 

23 (B) such alien’s application for adjustment 

24 of status shall be considered notwithstanding 


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1 section 212(a)(9) of such Act (8 U.S.C. 

2 1182(a)(9)). 

3 (b) PROCESSING OF IMMIGRANT VISAS AND DERIVA4 TIVE PETITIONS.— 

5 (1) IN GENERAL.—Section 204(b) (8 U.S.C. 

6 1154(b)) is amended— 

7 (A) by striking ‘‘After an investigation’’ 

8 and inserting ‘‘(1) After an investigation’’; and 

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

10 ‘‘(2)(A) Any alien described in subparagraph (B) 

11 whose qualifying relative died before the completion of im12 migrant visa processing may have an immigrant visa ap13 plication adjudicated as if such death had not occurred. 

14 An immigrant visa issued before the death of the quali15 fying relative shall remain valid after such death. 

16 ‘‘(B) An alien described in this subparagraph is an 

17 alien who— 

18 ‘‘(i) is an immediate relative (as described in 

19 section 201(b)(2)(A)); 

20 ‘‘(ii) is a family-sponsored immigrant (as de21 scribed in subsection (a) or (d) of section 203); 

22 ‘‘(iii) is a derivative beneficiary of an employ23 ment-based immigrant under section 203(b) (as de24 scribed in section 203(d)); or 


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1 ‘‘(iv) is the spouse or child of a refugee (as de2 scribed in section 207(c)(2)) or an asylee (as de3 scribed in section 208(b)(3)).’’. 

4 (2) TRANSITION PERIOD.— 

5 (A) IN GENERAL.—Notwithstanding a de6 nial or revocation of an application for an immi7 grant visa for an alien whose qualifying relative 

8 died before the date of the enactment of this 

9 Act, such application may be renewed by the 

10 alien through a motion to reopen, without fee. 

11 (B) INAPPLICABILITY OF BARS TO

12 ENTRY.—Notwithstanding section 212(a)(9) of 

13 the Immigration and Nationality Act (8 U.S.C. 

14 1182(a)(9)), an alien’s application for an immi15 grant visa shall be considered if the alien was 

16 excluded, deported, removed, or departed volun17 tarily before the date of the enactment of this 

18 Act. 

19 (c) NATURALIZATION.—Section 319(a) (8 U.S.C. 

20 1430(a)) is amended by striking ‘‘States,’’ and inserting 

21 ‘‘States (or if the spouse is deceased, the spouse was a 

22 citizen of the United States),’’. 

23 (d) WAIVERS OF INADMISSIBILITY.—Section 212 (8 

24 U.S.C. 1182) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(v) CONTINUED WAIVER ELIGIBILITY FOR WIDOWS, 

2 WIDOWERS, AND ORPHANS.—In the case of an alien who 

3 would have been statutorily eligible for any waiver of inad4 missibility under this Act but for the death of a qualifying 

5 relative, the eligibility of such alien shall be preserved as 

6 if the death had not occurred and the death of the quali7 fying relative shall be the functional equivalent of hardship 

8 for purposes of any waiver of inadmissibility which re9 quires a showing of hardship.’’. 

10 (e) SURVIVING RELATIVE CONSIDERATION FOR CER11 TAIN PETITIONS AND APPLICATIONS.—Section 204(l)(1) 

12 (8 U.S.C. 1154(l)(1)) is amended— 

13 (1) by striking ‘‘who resided in the United 

14 States at the time of the death of the qualifying rel15 ative and who continues to reside in the United 

16 States’’; and 

17 (2) by striking ‘‘related applications,’’ and in18 serting ‘‘related applications (including affidavits of 

19 support),’’. 

20 (f) IMMEDIATE RELATIVES.—Section 201(b)(2)(A)(i) 

21 (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking ‘‘with22 in 2 years after such date’’. 

23 (g) FAMILY-SPONSORED IMMIGRANTS.—Section 

24 212(a)(4)(C)(i) (8 U.S.C. 1182(a)(4)(C)(i)) is amended— 


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1 (1) in subclause (I), by striking ‘‘, or’’ and in2 serting a semicolon; 

3 (2) in subclause (II), by striking ‘‘or’’ at the 

4 end; and 

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

6 ‘‘(IV) the status as a surviving 

7 relative under 204(l); or’’. 

8 SEC. 2313. DISCRETIONARY AUTHORITY WITH RESPECT TO 

9 REMOVAL, DEPORTATION OR INADMIS10 SIBILITY OF CITIZEN AND RESIDENT IMME11 DIATE FAMILY MEMBERS. 

12 (a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 

13 Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by 

14 adding at the end the following: 

15 ‘‘(D) JUDICIAL DISCRETION.—In the case 

16 of an alien subject to removal, deportation, or 

17 exclusion, the immigration judge may exercise 

18 discretion to decline to order the alien removed, 

19 deported or excluded from the United States 

20 and terminate proceedings if the judge deter21 mines that such removal, deportation, or exclu22 sion is against the public interest or would re23 sult in hardship to the alien’s United States cit24 izen or permanent resident parent of a child, 

25 spouse, or child, or the judge determines the 


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1 alien is prima facie eligible for naturalization 

2 except that this subparagraph shall not apply to 

3 an alien whom the judge determines— 

4 ‘‘(i) is described in— 

5 ‘‘(I) subparagraph (B), (C), 

6 (D)(ii), (E), (H), (I), or (J) of section 

7 212(a)(2); 

8 ‘‘(II) section 212(a)(3); 

9 ‘‘(III) subparagraph (A), (C), or 

10 (D) of section 212(a)(10); or 

11 ‘‘(IV) paragraph (2)(A)(ii), 

12 (2)(A)(v), (2)(F), (4), or (6) of sec13 tion 237(a); or 

14 ‘‘(ii) has— 

15 ‘‘(I) engaged in conduct de16 scribed in paragraph (8) or (9) of sec17 tion 103 of the Trafficking Victims 

18 Protection Act of 2000 (22 U.S.C. 

19 7102); or 

20 ‘‘(II) a felony conviction de21 scribed in section 101(a)(43) that 

22 would have been classified as an ag23 gravated felony at the time of convic24 tion.’’. 


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1 (b) SECRETARY’S DISCRETION.—Section 212 (8 

2 U.S.C. 1182), as amended by section 2312(d), is further 

3 amended by adding at the end the following: 

4 ‘‘(w) SECRETARY’S DISCRETION.—In the case of an 

5 alien inadmissible under this section, the Secretary of 

6 Homeland Security may exercise discretion to waive a 

7 ground of inadmissibility if the Secretary determines that 

8 such refusal of admission is against the public interest or 

9 would result in hardship to the alien’s United States cit10 izen or permanent resident parent, spouse, or child except 

11 that this subparagraph shall not apply to an alien whom 

12 the Secretary determines— 

13 ‘‘(1) is described in— 

14 ‘‘(A) subparagraph (B), (C), (D)(ii), (E), 

15 (H), (I), of subsection (a)(2); 

16 ‘‘(B) subsection (a)(3); 

17 ‘‘(C) subparagraph (A), (C), or (D) of sub18 section (a)(10); 

19 ‘‘(D) paragraphs (2)(A)(ii), (2)(A)(v), 

20 (2)(F), or (6) of section 237(a); or 

21 ‘‘(E) section 240(c)(4)(D)(ii)(II); or 

22 ‘‘(2) has— 

23 ‘‘(A) engaged in conduct described in para24 graph (8) or (9) of section 103 of the TrafVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 ficking Victims Protection Act of 2000 (22 

2 U.S.C. 7102); or 

3 ‘‘(B) a felony conviction described in sec4 tion 101(a)(43) that would have been classified 

5 as an aggravated felony at the time of convic6 tion.’’. 

7 (c) REINSTATEMENT OF REMOVAL ORDERS.—Sec8 tion 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by strik9 ing the period at the end and inserting ‘‘, unless the alien 

10 reentered prior to attaining the age of 18 years, or rein11 statement of the prior order of removal would not be in 

12 the public interest or would result in hardship to the 

13 alien’s United States citizen or permanent resident parent, 

14 spouse, or child.’’. 

15 SEC. 2314. WAIVERS OF INADMISSIBILITY. 

16 (a) ALIENS WHO ENTERED AS CHILDREN.—Section 

17 212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended 

18 by adding at the end the following: 

19 ‘‘(VI) ALIENS WHO ENTERED AS

20 CHILDREN.—Clause (i) shall not apply 

21 to an alien who is the beneficiary of 

22 an approved petition under 

23 101(a)(15)(H) and who has earned a 

24 baccalaureate or higher degree from a 

25 United States institution of higher 


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•S 744 IS

1 education (as defined in section 

2 101(a) of the Higher Education Act 

3 of 1965 (20 U.S.C. 1001(a)), and had 

4 not yet reached the age of 16 years at 

5 the time of initial entry to the United 

6 States.’’. 

7 (b) ALIENS UNLAWFULLY PRESENT.—Section 

8 212(a)(9)(B)(v) (8 U.S.C. 1181(a)(9)(B)(v) is amended— 

9 (1) by striking ‘‘spouse or son or daughter’’ and 

10 inserting ‘‘spouse, son, daughter, or parent’’; and 

11 (2) by striking ‘‘extreme’’. 

12 (c) PREVIOUS IMMIGRATION VIOLATIONS.—Section 

13 212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended 

14 by adding ‘‘, other than an alien described in clause (iii) 

15 or (iv) of subparagraph (B),’’ after ‘‘Any alien’’. 

16 (d) FALSE CLAIMS.— 

17 (1) INADMISSIBILITY.— 

18 (A) IN GENERAL.—Section 212(a)(6)(C) 

19 (8 U.S.C. 1182(a)(6)(C)) is amended to read as 

20 follows: 

21 ‘‘(C) MISREPRESENTATION.— 

22 ‘‘(i) IN GENERAL.—Any alien who, by 

23 fraud or willfully misrepresenting a mate24 rial fact, seeks to procure (or within the 

25 last 3 years has sought to procure or has 


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1 procured) a visa, other documentation, or 

2 admission into the United States or other 

3 benefit provided under this Act is inadmis4 sible. 

5 ‘‘(ii) FALSELY CLAIMING CITIZEN6 SHIP.— 

7 ‘‘(I) INADMISSIBILITY.—Subject 

8 to subclause (II), any alien who know9 ingly misrepresents himself or herself 

10 to be a citizen of the United States 

11 for any purpose or benefit under this 

12 chapter (including section 274A) or 

13 any other Federal or State law is in14 admissible. 

15 ‘‘(II) SPECIAL RULE FOR CHIL16 DREN.—An alien shall not be inadmis17 sible under this clause if the misrepre18 sentation described in subclause (I) 

19 was made by the alien when the 

20 alien— 

21 ‘‘(aa) was under 18 years of 

22 age; or 

23 ‘‘(bb) otherwise lacked the 

24 mental competence to knowingly 


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1 misrepresent a claim of United 

2 States citizenship. 

3 ‘‘(iii) WAIVER.—The Attorney General 

4 or the Secretary of Homeland Security 

5 may, in the discretion of the Attorney Gen6 eral or the Secretary, waive the application 

7 of clause (i) or (ii)(I) for an alien, regard8 less whether the alien is within or outside 

9 the United States, if the Attorney General 

10 or the Secretary find that a determination 

11 of inadmissibility to the United States for 

12 such alien would— 

13 ‘‘(I) result in extreme hardship to 

14 the alien or to the alien’s parent, 

15 spouse, son, or daughter who is a cit16 izen of the United States or an alien 

17 lawfully admitted for permanent resi18 dence; or 

19 ‘‘(II) in the case of a VAWA self20 petitioner, result in significant hard21 ship to the alien or a parent or child 

22 of the alien who is a citizen of the 

23 United States, an alien lawfully ad24 mitted for permanent residence, or a 

25 qualified alien (as defined in section 


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•S 744 IS

1 431 of the Personal Responsibility 

2 and Work Opportunity Reconciliation 

3 Act of 1996 (8 U.S.C. 1641(b)). 

4 ‘‘(iv) LIMITATION ON REVIEW.—No 

5 court shall have jurisdiction to review a de6 cision or action of the Attorney General or 

7 the Secretary regarding a waiver under 

8 clause (iii).’’. 

9 (B) CONFORMING AMENDMENT.—Section 

10 212 (8 U.S.C. 1182) is amended by striking 

11 subsection (i). 

12 (2) DEPORTABILITY.—Section 237(a)(3)(D) (8 

13 U.S.C. 1227(a)(3)(D)) is amended to read as fol14 lows: 

15 ‘‘(D) FALSELY CLAIMING CITIZENSHIP.— 

16 Any alien described in section 212(a)(6)(C)(ii) 

17 is deportable.’’. 

18 SEC. 2315. CONTINUOUS PRESENCE. 

19 Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amend20 ed to read as follows: 

21 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.— 

22 For purposes of this section, any period of contin23 uous residence or continuous physical presence in 

24 the United States shall be deemed to end, except in 

25 the case of an alien who applies for cancellation of 


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1 removal under subsection (b)(2), on the date that a 

2 notice to appear is filed with the Executive Office 

3 for Immigration Review pursuant to section 240.’’. 

4 SEC. 2316. GLOBAL HEALTH CARE COOPERATION. 

5 (a) TEMPORARY ABSENCE OF ALIENS PROVIDING

6 HEALTH CARE IN DEVELOPING COUNTRIES.— 

7 (1) IN GENERAL.—Title III (8 U.S.C. 1401 et 

8 seq.) is amended by inserting after section 317 the 

9 following: 

10 ‘‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING 

11 HEALTH CARE IN DEVELOPING COUNTRIES. 

12 ‘‘(a) IN GENERAL.—Notwithstanding any other pro13 vision of this Act, the Secretary of Homeland Security 

14 shall allow an eligible alien and the spouse or child of such 

15 alien to reside in a candidate country during the period 

16 that the eligible alien is working as a physician or other 

17 health care worker in a candidate country. During such 

18 period the eligible alien and such spouse or child shall be 

19 considered— 

20 ‘‘(1) to be physically present and residing in the 

21 United States for purposes of naturalization under 

22 section 316(a); and 

23 ‘‘(2) to meet the continuous residency require24 ments under section 316(b). 

25 ‘‘(b) DEFINITIONS.—In this section: 


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1 ‘‘(1) CANDIDATE COUNTRY.—The term ‘can2 didate country’ means a country that the Secretary 

3 of State determines to be— 

4 ‘‘(A) eligible for assistance from the Inter5 national Development Association, in which the 

6 per capita income of the country is equal to or 

7 less than the historical ceiling of the Inter8 national Development Association for the appli9 cable fiscal year, as defined by the International 

10 Bank for Reconstruction and Development; 

11 ‘‘(B) classified as a lower middle income 

12 country in the then most recent edition of the 

13 World Development Report for Reconstruction 

14 and Development published by the International 

15 Bank for Reconstruction and Development and 

16 having an income greater than the historical 

17 ceiling for International Development Associa18 tion eligibility for the applicable fiscal year; or 

19 ‘‘(C) qualified to be a candidate country 

20 due to special circumstances, including natural 

21 disasters or public health emergencies. 

22 ‘‘(2) ELIGIBLE ALIEN.—The term ‘eligible 

23 alien’ means an alien who— 

24 ‘‘(A) has been lawfully admitted to the 

25 United States for permanent residence; and 


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1 ‘‘(B) is a physician or other healthcare 

2 worker. 

3 ‘‘(c) CONSULTATION.—The Secretary of Homeland 

4 Security shall consult with the Secretary of State in car5 rying out this section. 

6 ‘‘(d) PUBLICATION.—The Secretary of State shall 

7 publish— 

8 ‘‘(1) not later than 180 days after the date of 

9 the enactment of the Border Security, Economic Op10 portunity, and Immigration Modernization Act, a list 

11 of candidate countries; 

12 ‘‘(2) an updated version of the list required by 

13 paragraph (1) not less often than once each year; 

14 and 

15 ‘‘(3) an amendment to the list required by 

16 paragraph (1) at the time any country qualifies as 

17 a candidate country due to special circumstances 

18 under subsection (b)(1)(C).’’. 

19 (2) RULEMAKING.— 

20 (A) REQUIREMENT.—Not later than 180 

21 days after the date of the enactment of this 

22 Act, the Secretary shall promulgate regulations 

23 to carry out the amendments made by this sub24 section. 


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1 (B) CONTENT.—The regulations promul2 gated pursuant to subparagraph (A) shall— 

3 (i) permit an eligible alien (as defined 

4 in section 317A of the Immigration and 

5 Nationality Act, as added by subsection 

6 (a)) and the spouse or child of the eligible 

7 alien to reside in a foreign country to work 

8 as a physician or other healthcare worker 

9 as described in subsection (a) of such sec10 tion 317A for not less than a 12-month pe11 riod and not more than a 24-month period, 

12 and shall permit the Secretary to extend 

13 such period for an additional period not to 

14 exceed 12 months, if the Secretary deter15 mines that such country has a continuing 

16 need for such a physician or other 

17 healthcare worker; 

18 (ii) provide for the issuance of docu19 ments by the Secretary to such eligible 

20 alien, and such spouse or child, if appro21 priate, to demonstrate that such eligible 

22 alien, and such spouse or child, if appro23 priate, is authorized to reside in such 

24 country under such section 317A; and 


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1 (iii) provide for an expedited process 

2 through which the Secretary shall review 

3 applications for such an eligible alien to re4 side in a foreign country pursuant to sub5 section (a) of such section 317A if the Sec6 retary of State determines a country is a 

7 candidate country pursuant to subsection 

8 (b)(1)(C) of such section 317A. 

9 (3) TECHNICAL AND CONFORMING AMEND10 MENTS.— 

11 (A) DEFINITION.—Section 

12 101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii)) 

13 is amended by adding ‘‘except in the case of an 

14 eligible alien, or the spouse or child of such 

15 alien, who is authorized to be absent from the 

16 United States under section 317A,’’ at the end. 

17 (B) DOCUMENTARY REQUIREMENTS.—Sec18 tion 211(b) (8 U.S.C. 1181(b)) is amended by 

19 inserting ‘‘, including an eligible alien author20 ized to reside in a foreign country under section 

21 317A and the spouse or child of such eligible 

22 alien, if appropriate,’’ after ‘‘101(a)(27)(A),’’. 

23 (C) INELIGIBLE ALIENS.—Section 

24 212(a)(7)(A)(i)(I) (8 U.S.C. 

25 1182(a)(7)(A)(i)(I)) is amended by inserting 


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1 ‘‘other than an eligible alien authorized to re2 side in a foreign country under section 317A 

3 and the spouse or child of such eligible alien, if 

4 appropriate,’’ after ‘‘Act,’’. 

5 (4) CLERICAL AMENDMENT.—The table of con6 tents of such Act is amended by inserting after the 

7 item relating to section 317 the following: 

‘‘Sec. 317A. Temporary absence of aliens providing health care in developing 

countries.’’. 

8 (b) ATTESTATION BY HEALTH CARE WORKERS.— 

9 (1) ATTESTATION REQUIREMENT.—Section 

10 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by add11 ing at the end the following: 

12 ‘‘(E) HEALTH CARE WORKERS WITH

13 OTHER OBLIGATIONS.— 

14 ‘‘(i) IN GENERAL.—An alien who 

15 seeks to enter the United States for the 

16 purpose of performing labor as a physician 

17 or other health care worker is inadmissible 

18 unless the alien submits to the Secretary of 

19 Homeland Security or the Secretary of 

20 State, as appropriate, an attestation that 

21 the alien is not seeking to enter the United 

22 States for such purpose during any period 

23 in which the alien has an outstanding obli24 gation to the government of the alien’s 


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1 country of origin or the alien’s country of 

2 residence. 

3 ‘‘(ii) OBLIGATION DEFINED.—In this 

4 subparagraph, the term ‘obligation’ means 

5 an obligation incurred as part of a valid, 

6 voluntary individual agreement in which 

7 the alien received financial assistance to 

8 defray the costs of education or training to 

9 qualify as a physician or other health care 

10 worker in consideration for a commitment 

11 to work as a physician or other health care 

12 worker in the alien’s country of origin or 

13 the alien’s country of residence. 

14 ‘‘(iii) WAIVER.—The Secretary of 

15 Homeland Security may waive a finding of 

16 inadmissibility under clause (i) if the Sec17 retary determines that— 

18 ‘‘(I) the obligation was incurred 

19 by coercion or other improper means; 

20 ‘‘(II) the alien and the govern21 ment of the country to which the alien 

22 has an outstanding obligation have 

23 reached a valid, voluntary agreement, 

24 pursuant to which the alien’s obliga25 tion has been deemed satisfied, or the 


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1 alien has shown to the satisfaction of 

2 the Secretary that the alien has been 

3 unable to reach such an agreement 

4 because of coercion or other improper 

5 means; or 

6 ‘‘(III) the obligation should not 

7 be enforced due to other extraordinary 

8 circumstances, including undue hard9 ship that would be suffered by the 

10 alien in the absence of a waiver.’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by paragraph (1) shall take effect on the date that 

13 is 180 days after the date of the enactment of this 

14 Act. 

15 (3) APPLICATION.—Not later than the effective 

16 date described in paragraph (2), the Secretary of 

17 Homeland Security shall begin to carry out subpara18 graph (E) of section 212(a)(5) of the Immigration 

19 and Nationality Act, as added by paragraph (1), in20 cluding the requirement for the attestation and the 

21 granting of a waiver described in clause (iii) of such 

22 subparagraph (E), regardless of whether regulations 

23 to implement such subparagraph have been promul24 gated. 


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1 SEC. 2317. EXTENSION AND IMPROVEMENT OF THE IRAQI 

2 SPECIAL IMMIGRANT VISA PROGRAM. 

3 The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 

4 1157 note) is amended— 

5 (1) in section 1242, by amended subsection (c) 

6 to read as follows: 

7 ‘‘(c) IMPROVED APPLICATION PROCESS.—Not later 

8 than 120 days after the date of the enactment of the Bor9 der Security, Economic Opportunity, and Immigration 

10 Modernization Act, the Secretary of State and the Sec11 retary of Homeland Security, in consultation with the Sec12 retary of Defense, shall improve the efficiency by which 

13 applications for special immigrant visas under section 

14 1244(a) are processed so that all steps incidental to the 

15 issuance of such visas, including required screenings and 

16 background checks, are completed not later than 9 months 

17 after the date on which an eligible alien applies for such 

18 visa.’’; and 

19 (2) in section 1244— 

20 (A) subsection (b)— 

21 (i) in paragraph (1)— 

22 (I) by amending subparagraph 

23 (B) to read as follows: 

24 ‘‘(B) was or is employed in Iraq on or 

25 after March 20, 2003, for not less than 1 year, 

26 by, or on behalf of— 


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1 ‘‘(i) the United States Government; 

2 ‘‘(ii) a media or nongovernmental or3 ganization headquartered in the United 

4 States; or 

5 ‘‘(iii) an organization or entity closely 

6 associated with the United States mission 

7 in Iraq that has received United States 

8 Government funding through an official 

9 and documented contract, award, grant, or 

10 cooperative agreement;’’; 

11 (II) in subparagraph (C), by 

12 striking ‘‘United States Government’’ 

13 and inserting ‘‘an entity or organiza14 tion described in subparagraph (B)’’; 

15 and 

16 (III) in subparagraph (D), by 

17 striking by striking ‘‘United States 

18 Government.’’ and inserting ‘‘such en19 tity or organization.’’; 

20 (ii) in paragraph (4)— 

21 (I) by striking ‘‘A recommenda22 tion’’ and inserting the following: 

23 ‘‘(A) IN GENERAL.—Except as provided 

24 under subparagraph (B), a recommendation’’; 


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1 (II) by striking ‘‘United States 

2 Government prior’’ and inserting ‘‘an 

3 entity or organization described in 

4 paragraph (1)(B) prior’’; and 

5 (III) by adding at the end the 

6 following: 

7 ‘‘(B) REVIEW PROCESS FOR DENIAL BY

8 CHIEF OF MISSION.— 

9 ‘‘(i) IN GENERAL.—An applicant who 

10 has been denied Chief of Mission approval 

11 required by subparagraph (A) shall— 

12 ‘‘(I) receive a written decision; 

13 and 

14 ‘‘(II) be provided 120 days from 

15 the date of the decision to request re16 opening of the decision to provide ad17 ditional information, clarify existing 

18 information, or explain any unfavor19 able information. 

20 ‘‘(ii) SENIOR COORDINATOR.—The 

21 Secretary of State shall designate, in the 

22 Embassy of the United States in Baghdad, 

23 Iraq, a senior coordinator responsible for 

24 overseeing the efficiency and integrity of 


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1 the processing of special immigrant visas 

2 under this section, who shall be given— 

3 ‘‘(I) sufficiently high security 

4 clearance to review Chief of Mission 

5 denials in cases that appear to have 

6 relied upon insufficient or incorrect 

7 information; and 

8 ‘‘(II) responsibility for ensuring 

9 that an applicant described in clause 

10 (i) receives the information described 

11 in clause (i)(I).’’; and 

12 (B) in subsection (c)(3), by adding at the 

13 end the following: 

14 ‘‘(C) SUBSEQUENT FISCAL YEARS.—Not15 withstanding subparagraphs (A) and (B), and 

16 consistent with subsection (b), any unused bal17 ance of the total number of principal aliens who 

18 may be provided special immigrant status under 

19 this section in fiscal years 2008 through 2012 

20 may be carried forward and provided through 

21 the end of fiscal year 2018.’’; and 

22 (3) in section 1248, by adding at the end the 

23 following: 

24 ‘‘(f) REPORT ON IMPROVEMENTS.— 


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1 ‘‘(1) IN GENERAL.—Not later than 120 days 

2 after the date of the enactment of the Border Secu3 rity, Economic Opportunity, and Immigration Mod4 ernization Act, the Secretary of State and the Sec5 retary of Homeland Security, in consultation with 

6 the Secretary of Defense, shall submit a report, with 

7 a classified annex, if necessary, to— 

8 ‘‘(A) the Committee on the Judiciary of 

9 the Senate; 

10 ‘‘(B) the Committee on Foreign Relations 

11 of the Senate; 

12 ‘‘(C) the Committee on the Judiciary of 

13 the House of Representatives; and 

14 ‘‘(D) the Committee on Foreign Affairs of 

15 the House of Representatives. 

16 ‘‘(2) CONTENTS.—The report submitted under 

17 paragraph (1) shall describe the implementation of 

18 improvements to the processing of applications for 

19 special immigrant visas under section 1244(a), in20 cluding information relating to— 

21 ‘‘(A) enhancing existing systems for con22 ducting background and security checks of per23 sons applying for special immigrant status, 

24 which shall— 

25 ‘‘(i) support immigration security; and 


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1 ‘‘(ii) provide for the orderly processing 

2 of such applications without delay; 

3 ‘‘(B) the financial, security, and personnel 

4 considerations and resources necessary to carry 

5 out this subtitle; 

6 ‘‘(C) the number of aliens who have ap7 plied for special immigrant visas under section 

8 1244 during each month of the preceding fiscal 

9 year; 

10 ‘‘(D) the reasons for the failure to expedi11 tiously process any applications that have been 

12 pending for longer than 9 months; 

13 ‘‘(E) the total number of applications that 

14 are pending due to the failure— 

15 ‘‘(i) to receive approval from the Chief 

16 of Mission; 

17 ‘‘(ii) for U.S. Citizenship and Immi18 gration Services to complete the adjudica19 tion of the Form I–360; 

20 ‘‘(iii) to conduct a visa interview; or 

21 ‘‘(iv) to issue the visa to an eligible 

22 alien; 

23 ‘‘(F) the average wait times for an appli24 cant at each of the stages described in subpara25 graph (E); 


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1 ‘‘(G) the number of denials or rejections at 

2 each of the stages described in subparagraph 

3 (E); and 

4 ‘‘(H) a breakdown of reasons for denials at 

5 by the Chief of Mission based on the categories 

6 already made available to denied special immi7 grant visa applicants in the denial letter sent to 

8 them by the Chief of Mission. 

9 ‘‘(g) PUBLIC QUARTERLY REPORTS .—Not later than 

10 120 days after the date of the enactment of the Border 

11 Security, Economic Opportunity, and Immigration Mod12 ernization Act, and every 3 months thereafter, the Sec13 retary of State and the Secretary of Homeland Security, 

14 in consultation with the Secretary of Defense, shall pub15 lish a report on the website of the Department of State 

16 that describes the efficiency improvements made in the 

17 process by which applications for special immigrant visas 

18 under section 1244(a) are processed, including informa19 tion described in subparagraphs (C) through (H) of sub20 section (f)(2).’’. 

21 SEC. 2318. EXTENSION AND IMPROVEMENT OF THE AF22 GHAN SPECIAL IMMIGRANT VISA PROGRAM. 

23 Section 602(b) of the Afghan Allies Protection Act 

24 of 2009 (8 U.S.C. 1101 note) is amended— 

25 (1) in paragraph (2)— 


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1 (A) in subparagraph (A)— 

2 (i) by amending clause (ii) to read as 

3 follows: 

4 ‘‘(ii) was or is employed in Afghani5 stan on or after October 7, 2001, for not 

6 less than 1 year, by, or on behalf of— 

7 ‘‘(I) the United States Govern8 ment; 

9 ‘‘(II) a media or nongovern10 mental organization headquartered in 

11 the United States; or 

12 ‘‘(III) an organization or entity 

13 closely associated with the United 

14 States mission in Afghanistan that 

15 has received United States Govern16 ment funding through an official and 

17 documented contract, award, grant, or 

18 cooperative agreement;’’; 

19 (ii) in clause (iii), by striking ‘‘United 

20 States Government’’ and inserting ‘‘an en21 tity or organization described in clause 

22 (ii)’’; and 

23 (iii) in clause (iv), by striking by 

24 striking ‘‘United States Government.’’ and 

25 inserting ‘‘such entity or organization.’’; 


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1 (B) by amending subparagraph (B) to read 

2 as follows: 

3 ‘‘(B) FAMILY MEMBERS.—An alien is de4 scribed in this subparagraph if the alien is— 

5 ‘‘(i) the spouse or minor child of a 

6 principal alien described in subparagraph 

7 (A) who is accompanying or following to 

8 join the principal alien in the United 

9 States; or 

10 ‘‘(ii)(I) the spouse, child, parent or 

11 sibling of a principal alien described in 

12 subparagraph (A), whether or not accom13 panying or following to join; and 

14 ‘‘(II) has experienced or is experi15 encing an ongoing serious threat as a con16 sequence of the qualifying employment of a 

17 principal alien described in subparagraph 

18 (A).’’; and 

19 (C) in subparagraph (D)— 

20 (i) by striking ‘‘A recommendation’’ 

21 and inserting the following: 

22 ‘‘(i) IN GENERAL.—Except as pro23 vided under clause (ii), a recommenda24 tion’’; 


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1 (ii) by striking ‘‘United States Gov2 ernment prior’’ and inserting ‘‘an entity or 

3 organization described in paragraph 

4 (2)(A)(ii) prior’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(ii) REVIEW PROCESS FOR DENIAL

8 BY CHIEF OF MISSION.— 

9 ‘‘(I) IN GENERAL.—An applicant 

10 who has been denied Chief of Mission 

11 approval shall— 

12 ‘‘(aa) receive a written deci13 sion; and 

14 ‘‘(bb) be provided 120 days 

15 from the date of receipt of such 

16 opinion to request reconsider17 ation of the decision to provide 

18 additional information, clarify ex19 isting information, or explain any 

20 unfavorable information.. 

21 ‘‘(II) SENIOR COORDINATOR.— 

22 The Secretary of State shall des23 ignate, in the Embassy of the United 

24 States in Kabul, Afghanistan, a senior 

25 coordinator responsible for overseeing 


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1 the efficiency and integrity of the 

2 processing of special immigrant visas 

3 under this section, who shall be 

4 given— 

5 ‘‘(aa) sufficiently high secu6 rity clearance to review Chief of 

7 Mission denials in cases that ap8 pear to have relied upon insuffi9 cient or incorrect information; 

10 and 

11 ‘‘(bb) responsibility for en12 suring that an applicant de13 scribed in subclause (I) receives 

14 the information described in sub15 clause (I)(aa).’’; 

16 (2) in paragraph (3)(C), by amending clause 

17 (iii) to read as follows: 

18 ‘‘(iii) FISCAL YEARS 2014 THROUGH

19 2018.—For each of the fiscal years 2014 

20 through 2018, the total number of prin21 cipal aliens who may be provided special 

22 immigrant status under this section may 

23 not exceed the sum of— 

24 ‘‘(I) 5,000; 


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1 ‘‘(II) the difference between the 

2 number of special immigrant visas al3 located under this section for fiscal 

4 years 2009 through 2013 and the 

5 number of such allocated visas that 

6 were issued; and 

7 ‘‘(III) any unused balance of the 

8 total number of principal aliens who 

9 may be provided special immigrant 

10 status in fiscal years 2014 through 

11 2018 that have been carried for12 ward.’’; 

13 (3) in paragraph (4)— 

14 (A) in the heading, by striking ‘‘PROHIBI15 TION ON FEES.—’’and inserting ‘‘APPLICATION

16 PROCESS.—’’; 

17 (B) by striking ‘‘The Secretary’’ and in18 serting the following: 

19 ‘‘(A) IN GENERAL.—Not later than 120 

20 days after the date of enactment of the Border 

21 Security, Economic Opportunity, and Immigra22 tion Modernization Act, the Secretary of State 

23 and the Secretary of Homeland Security, in 

24 consultation with the Secretary of Defense, 

25 shall improve the efficiency by which applicaVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 tions for special immigrant visas under para2 graph (1) are processed so that all steps inci3 dental to the issuance of such visas, including 

4 required screenings and background checks, are 

5 completed not later than 6 months after the 

6 date on which an eligible alien applies for such 

7 visa. 

8 ‘‘(B) PROHIBITION ON FEES.—The Sec9 retary’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(12) REPORT ON IMPROVEMENTS.—Not later 

12 than 120 days after the date of the enactment of the 

13 Border Security, Economic Opportunity, and Immi14 gration Modernization Act, the Secretary of State 

15 and the Secretary of Homeland Security, in con16 sultation with the Secretary of Defense, shall submit 

17 to the appropriate committees a report, with a clas18 sified annex, if necessary, that describes the imple19 mentation of improvements to the processing of ap20 plications for special immigrant visas under this sub21 section, including information relating to— 

22 ‘‘(A) enhancing existing systems for con23 ducting background and security checks of per24 sons applying for special immigrant status, 

25 which shall— 


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1 ‘‘(i) support immigration security; and 

2 ‘‘(ii) provide for the orderly processing 

3 of such applications without delay; 

4 ‘‘(B) the financial, security, and personnel 

5 considerations and resources necessary to carry 

6 out this section; 

7 ‘‘(C) the number of aliens who have ap8 plied for special immigrant visas under this 

9 subsection during each month of the preceding 

10 fiscal year; 

11 ‘‘(D) the reasons for the failure to expedi12 tiously process any applications that have been 

13 pending for longer than 9 months; 

14 ‘‘(E) the total number of applications that 

15 are pending due to the failure— 

16 ‘‘(i) to receive approval from the Chief 

17 of Mission; 

18 ‘‘(ii) for U.S. Citizenship and Immi19 gration Services to complete the adjudica20 tion of the Form I–360; 

21 ‘‘(iii) to conduct a visa interview; or 

22 ‘‘(iv) to issue the visa to an eligible 

23 alien; 


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1 ‘‘(F) the average wait times for an appli2 cant at each of the stages described in subpara3 graph (E); 

4 ‘‘(G) the number of denials or rejections at 

5 each of the stages described in subparagraph 

6 (E); and 

7 ‘‘(H) a breakdown of reasons for denials 

8 by the Chief of Mission based on the categories 

9 already made available to denied special immi10 grant visa applicants in the denial letter sent to 

11 them by the Chief of Mission. 

12 ‘‘(13) PUBLIC QUARTERLY REPORTS .—Not 

13 later than 120 days after the date of the enactment 

14 of the Border Security, Economic Opportunity, and 

15 Immigration Modernization Act, and every 3 months 

16 thereafter, the Secretary of State and the Secretary 

17 of Homeland Security, in consultation with the Sec18 retary of Defense, shall publish a report on the 

19 website of the Department of State that describes 

20 the efficiency improvements made in the process by 

21 which applications for special immigrant visas under 

22 this subsection are processed, including information 

23 described in subparagraph (C) through (H) of para24 graph (12).’’. 


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1 SEC. 2319. ELIMINATION OF SUNSETS FOR CERTAIN VISA 

2 PROGRAMS. 

3 (a) SPECIAL IMMIGRANT NONMINISTER RELIGIOUS

4 WORKER PROGRAM.—Section 101(a)(27)(C)(ii) (8 U.S.C. 

5 1101 (a)(27)(C)(ii)) is amended in subclauses (II) and 

6 (III) by striking ‘‘before September 30, 2015,’’ both places 

7 such term appears. 

8 (b) EB -5 REGIONAL CENTER PROGRAM.—Section 

9 610(b) of the Departments of Commerce, Justice, and 

10 State, the Judiciary, and Related Agencies Appropriations 

11 Act, 1993 (Public Law 102–395; 8 U.S.C. 1153 note) is 

12 amended by striking ‘‘until September 30, 2015’’. 

13 Subtitle D—Conrad State 30 and 

14 Physician Access 

15 SEC. 2401. CONRAD STATE 30 PROGRAM. 

16 Section 220(c) of the Immigration and Nationality 

17 Technical Corrections Act of 1994 (Public Law 103–416; 

18 8 U.S.C. 1182 note) is amended by striking ‘‘and before 

19 September 30, 2015’’. 

20 SEC. 2402. RETAINING PHYSICIANS WHO HAVE PRACTICED 

21 IN MEDICALLY UNDERSERVED COMMU22 NITIES. 

23 Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 

24 by section 217(b), is further amended by adding at the 

25 end the following: 


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1 ‘‘(L)(i) Alien physicians who have completed 

2 service requirements of a waiver requested under 

3 section 203(b)(2)(B)(ii), including alien physicians 

4 who completed such service before the date of the 

5 enactment of the Border Security, Economic Oppor6 tunity, and Immigration Modernization Act and any 

7 spouses or children of such alien physicians. 

8 ‘‘(ii) Nothing in this subparagraph may be con9 strued— 

10 ‘‘(I) to prevent the filing of a petition with 

11 the Secretary of Homeland Security for classi12 fication under section 204(a) or the filing of an 

13 application for adjustment of status under sec14 tion 245 by an alien physician described in this 

15 subparagraph prior to the date by which such 

16 alien physician has completed the service de17 scribed in section 214(l) or worked full-time as 

18 a physician for an aggregate of 5 years at the 

19 location identified in the section 214(l) waiver 

20 or in an area or areas designated by the Sec21 retary of Health and Human Services as having 

22 a shortage of health care professionals; or 

23 ‘‘(II) to permit the Secretary of Homeland 

24 Security to grant such a petition or application 


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1 until the alien has satisfied all the requirements 

2 of the waiver received under section 214(l).’’. 

3 SEC. 2403. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. 

4 (a) IN GENERAL.—Section 214(l)(1)(C) (8 U.S.C. 

5 1184(l)(1)(C)) is amended by striking clauses (i) and (ii) 

6 and inserting the following: 

7 ‘‘(i) the alien demonstrates a bona fide 

8 offer of full-time employment, at a health care 

9 organization, which employment has been deter10 mined by the Secretary of Homeland Security 

11 to be in the public interest; and 

12 ‘‘(ii) the alien agrees to begin employment 

13 with the health facility or health care organiza14 tion in a geographic area or areas which are 

15 designated by the Secretary of Health and 

16 Human Services as having a shortage of health 

17 care professionals by the later of the date that 

18 is 90 days after receiving such waiver, 90 days 

19 after completing graduate medical education or 

20 training under a program approved pursuant to 

21 section 212(j)(1), or 90 days after receiving 

22 nonimmigrant status or employment authoriza23 tion, and agrees to continue to work for a total 

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1 ized for such employment under this subsection 

2 unless— 

3 ‘‘(I) the Secretary determines that ex4 tenuating circumstances exist that justify a 

5 lesser period of employment at such facility 

6 or organization, in which case the alien 

7 shall demonstrate another bona fide offer 

8 of employment at a health facility or 

9 health care organization, for the remainder 

10 of such 3-year period; 

11 ‘‘(II) the interested State agency that 

12 requested the waiver attests that extenu13 ating circumstances exist that justify a 

14 lesser period of employment at such facility 

15 or organization in which case the alien 

16 shall demonstrate another bona fide offer 

17 of employment at a health facility or 

18 health care organization so designated by 

19 the Secretary of Health and Human Serv20 ices, for the remainder of such 3-year pe21 riod; or 

22 ‘‘(III) if the alien elects not to pursue 

23 a determination of extenuating cir24 cumstances pursuant to subclause (I) or 

25 (II), the alien terminates the alien’s emVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 ployment relationship with such facility or 

2 organization, in which case the alien shall 

3 be employed for the remainder of such 3- 

4 year period, and 1 additional year for each 

5 termination, at another health facility or 

6 health care organization in a geographic 

7 area or areas which are designated by the 

8 Secretary of Health and Human Services 

9 as having a shortage of health care profes10 sionals; and’’. 

11 (b) CONTRACT REQUIREMENTS.—Section 214(l) (8 

12 U.S.C. 1184(l)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(4) An alien granted a waiver under paragraph 

15 (1)(C) shall enter into an employment agreement with the 

16 contracting health facility or health care organization 

17 that— 

18 ‘‘(A) specifies the maximum number of on-call 

19 hours per week (which may be a monthly average) 

20 that the alien will be expected to be available and 

21 the compensation the alien will receive for on-call 

22 time; 

23 ‘‘(B) specifies whether the contracting facility 

24 or organization will pay for the alien’s malpractice 

25 insurance premiums, including whether the employer 


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1 will provide malpractice insurance and, if so, the 

2 amount of such insurance that will be provided; 

3 ‘‘(C) describes all of the work locations that the 

4 alien will work and a statement that the contracting 

5 facility or organization will not add additional work 

6 locations without the approval of the Federal agency 

7 or State agency that requested the waiver; and 

8 ‘‘(D) does not include a non-compete provision. 

9 ‘‘(5) An alien granted a waiver under paragraph 

10 (1)(C) whose employment relationship with a health facil11 ity or health care organization terminates during the 3- 

12 year service period required by such paragraph— 

13 ‘‘(A) shall have a period of 120 days beginning 

14 on the date of such termination of employment to 

15 submit to the Secretary of Homeland Security appli16 cations or petitions to commence employment with 

17 another contracting health facility or health care or18 ganization in a geographic area or areas which are 

19 designated by the Secretary of Health and Human 

20 Services as having a shortage of health care profes21 sionals; and 

22 ‘‘(B) shall be considered to be maintaining law23 ful status in an authorized stay during the 120-day 

24 period referred to in subsection (A).’’. 


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1 SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS. 

2 (a) IN GENERAL.—Section 214(l) (8 U.S.C. 1184(l)), 

3 as amended by section 333(b), is further amended by add4 ing at the end the following: 

5 ‘‘(6)(A)(i) All States shall be allotted a total of 35 

6 waivers under paragraph (1)(B) for a fiscal year if 90 per7 cent of the waivers available to the States receiving at 

8 least 5 waivers were used in the previous fiscal year. 

9 ‘‘(ii) When an allocation has occurred under clause 

10 (i), all States shall be allotted an additional 5 waivers 

11 under paragraph (1)(B) for each subsequent fiscal year 

12 if 90 percent of the waivers available to the States receiv13 ing at least 5 waivers were used in the previous fiscal year. 

14 If the States are allotted 45 or more waivers for a fiscal 

15 year, the States will only receive an additional increase 

16 of 5 waivers the following fiscal year if 95 percent of the 

17 waivers available to the States receiving at least 1 waiver 

18 were used in the previous fiscal year. 

19 ‘‘(B) Any increase in allotments under subparagraph 

20 (A) shall be maintained indefinitely, unless in a fiscal year, 

21 the total number of such waivers granted is 5 percent 

22 lower than in the last year in which there was an increase 

23 in the number of waivers allotted pursuant to this para24 graph, in which case— 


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1 ‘‘(i) the number of waivers allotted shall be de2 creased by 5 for all States beginning in the next fis3 cal year; and 

4 ‘‘(ii) each additional 5 percent decrease in such 

5 waivers granted from the last year in which there 

6 was an increase in the allotment, shall result in an 

7 additional decrease of 5 waivers allotted for all 

8 States, provided that the number of waivers allotted 

9 for all States shall not drop below 30.’’. 

10 (b) ACADEMIC MEDICAL CENTERS.—Section 

11 214(l)(1)(D) (8 U.S.C. 1184(l)(1)(D)) is amended— 

12 (1) in clause (ii), by striking ‘‘and’’ at the end; 

13 (2) in clause (iii), by striking the period at the 

14 end and inserting ‘‘; and’’; and 

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

16 ‘‘(iv) in the case of a request by an inter17 ested State agency— 

18 ‘‘(I) the head of such agency deter19 mines that the alien is to practice medicine 

20 in, or be on the faculty of a residency pro21 gram at, an academic medical center (as 

22 that term is defined in section 

23 411.355(e)(2) of title 42, Code of Federal 

24 Regulation, or similar successor regula25 tion), without regard to whether such facilVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 ity is located within an area designated by 

2 the Secretary of Health and Human Serv3 ices as having a shortage of health care 

4 professionals; and 

5 ‘‘(II) the head of such agency deter6 mines that— 

7 ‘‘(aa) the alien physician’s work 

8 is in the public interest; and 

9 ‘‘(bb) the grant of such waiver 

10 would not cause the number of the 

11 waivers granted on behalf of aliens for 

12 such State for a fiscal year (within 

13 the limitation in subparagraph (B) 

14 and subject to paragraph (6)) in ac15 cordance with the conditions of this 

16 clause to exceed 3.’’. 

17 SEC. 2405. AMENDMENTS TO THE PROCEDURES, DEFINI18 TIONS, AND OTHER PROVISIONS RELATED TO 

19 PHYSICIAN IMMIGRATION. 

20 (a) DUAL INTENT FOR PHYSICIANS SEEKING GRAD21 UATE MEDICAL TRAINING.—Section 214(b) (8 U.S.C. 

22 1184(b)) is amended by striking ‘‘(other than a non23 immigrant described in subparagraph (L) or (V) of section 

24 101(a)(15), and other than a nonimmigrant described in 

25 any provision of section 101(a)(15)(H)(i) except subclause 


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1 (b1) of such section)’’ and inserting ‘‘(other than a non2 immigrant described in subparagraph (L) or (V) of section 

3 101(a)(15), a nonimmigrant described in any provision of 

4 section 101(a)(15)(H)(i), except subclause (b1) of such 

5 section, and an alien coming to the United States to re6 ceive graduate medical education or training as described 

7 in section 212(j) or to take examinations required to re8 ceive graduate medical education or training as described 

9 in section 212(j))’’. 

10 (b) ALLOWABLE VISA STATUS FOR PHYSICIANS FUL11 FILLING WAIVER REQUIREMENTS IN MEDICALLY UNDER12 SERVED AREAS.—Section 214(l)(2)(A) (8 U.S.C. 

13 1184(l)(2)(A)) is amended by striking ‘‘an alien described 

14 in section 101(a)(15)(H)(i)(b).’’ and inserting ‘‘any status 

15 authorized for employment under this Act.’’. 

16 (c) PHYSICIAN NATIONAL INTEREST WAIVER CLARI17 FICATIONS.—Section 203(b)(2)(B)(ii)(I) (8 U.S.C. 

18 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) 

19 and (bb) and inserting the following: 

20 ‘‘(aa) the alien physician agrees to 

21 work on a full-time basis practicing pri22 mary care, specialty medicine, or a com23 bination thereof, in an area or areas des24 ignated by the Secretary of Health and 

25 Human Services as having a shortage of 


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1 health care professionals, or at a health 

2 care facility under the jurisdiction of the 

3 Secretary of Veterans Affairs; or 

4 ‘‘(bb) the alien physician is pursuing 

5 such waiver based upon service at a facility 

6 or facilities that serve patients who reside 

7 in a geographic area or areas designated 

8 by the Secretary of Health and Human 

9 Services as having a shortage of health 

10 care professionals (without regard to 

11 whether such facility or facilities are lo12 cated within such an area) and a Federal 

13 agency, or a local, county, regional, or 

14 State department of public health deter15 mines the alien physician’s work was or 

16 will be in the public interest.’’. 

17 (d) SHORT TERM WORK AUTHORIZATION FOR PHY18 SICIANS COMPLETING THEIR RESIDENCIES.—A physician 

19 completing graduate medical education or training as de20 scribed in section 212(j) of the Immigration and Nation21 ality Act (8 U.S.C. 1182(j)) as a nonimmigrant described 

22 section 101(a)(15)(H)(i) of such Act (8 U.S.C. 

23 1101(a)(15)(H)(i)) shall have such nonimmigrant status 

24 automatically extended until October 1 of the fiscal year 

25 for which a petition for a continuation of such nonVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 immigrant status has been submitted in a timely manner 

2 and where the employment start date for the beneficiary 

3 of such petition is October 1 of that fiscal year. Such phy4 sician shall be authorized to be employed incident to status 

5 during the period between the filing of such petition and 

6 October 1 of such fiscal year. However, the physician’s 

7 status and employment authorization shall terminate 30 

8 days from the date such petition is rejected, denied or re9 voked. A physician’s status and employment authorization 

10 will automatically extend to October 1 of the next fiscal 

11 year if all visas as described in such section 

12 101(a)(15)(H)(i) authorized to be issued for the fiscal 

13 year have been issued. 

14 (e) APPLICABILITY OF SECTION 212(e) TO SPOUSES

15 AND CHILDREN OF J–1 EXCHANGE VISITORS.—A spouse 

16 or child of an exchange visitor described in section 

17 101(a)(15)(J) of the Immigration and Nationality Act (8 

18 U.S.C. 1101(a)(15)(J)) shall not be subject to the require19 ments of section 212(e) of the Immigration and Nation20 ality Act (8 U.S.C. 1182(e)). 

21 Subtitle E—Integration 

22 SEC. 2501. DEFINITIONS. 

23 In this subtitle: 

24 (1) CHIEF.—The term ‘‘Chief’’ means the Chief 

25 of the Office. 


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1 (2) FOUNDATION.—The term ‘‘Foundation’’ 

2 means the United States Citizenship Foundation es3 tablished pursuant to section 2531. 

4 (3) IEACA GRANTS.—The term ‘‘IEACA 

5 grants’’ means Initial Entry, Adjustment, and Citi6 zenship Assistance grants authorized under section 

7 2537. 

8 (4) IMMIGRANT INTEGRATION.—The term ‘‘im9 migrant integration’’ means the process by which 

10 immigrants— 

11 (A) join the mainstream of civic life by en12 gaging and sharing ownership in their local 

13 community, the United States, and the prin14 ciples of the Constitution; 

15 (B) attain financial self-sufficiency and up16 ward economic mobility for themselves and their 

17 family members; and 

18 (C) acquire English language skills and re19 lated cultural knowledge necessary to effectively 

20 participate in their community. 

21 (5) LINGUISTIC INTEGRATION.—The term ‘‘lin22 guistic integration’’ means the acquisition, by limited 

23 English proficient individuals, of English language 

24 skills and related cultural knowledge necessary to 


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1 meaningfully and effectively fulfill their roles as 

2 community members, family members, and workers. 

3 (6) OFFICE.—The term ‘‘Office’’ means the Of4 fice of Citizenship and New Americans established in 

5 U.S. Citizenship and Immigration Services under 

6 section 2511. 

7 (7) RECEIVING COMMUNITIES.—The term ‘‘re8 ceiving communities’’ means the long-term residents 

9 of the communities in which immigrants settle. 

10 (8) TASK FORCE.—The term ‘‘Task Force’’ 

11 means the Task Force on New Americans estab12 lished pursuant to section 2521. 

13 (9) USCF COUNCIL.—The term ‘‘USCF Coun14 cil’’ means the Council of Directors of the Founda15 tion. 

16 CHAPTER 1—CITIZENSHIP AND NEW 

17 AMERICANS 

18 Subchapter A—Office of Citizenship and New 

19 Americans 

20 SEC. 2511. OFFICE OF CITIZENSHIP AND NEW AMERICANS. 

21 (a) RENAMING OFFICE OF CITIZENSHIP.— 

22 (1) IN GENERAL.—Beginning on the date of the 

23 enactment of this Act, the Office of Citizenship in 

24 U.S. Citizenship and Immigration Services shall be 


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1 referred to as the ‘‘Office of Citizenship and New 

2 Americans’’. 

3 (2) REFERENCES.—Any reference in a law, reg4 ulation, document, paper, or other record of the 

5 United States to the Office of Citizenship in U.S. 

6 Citizenship and Immigration Services shall be 

7 deemed to be a reference to the Office of Citizenship 

8 and New Americans. 

9 (3) TECHNICAL AND CONFORMING AMEND10 MENTS.—Section 451 of the Homeland Security Act 

11 of 2002 (6 U.S.C. 271) is amended— 

12 (A) in the section heading, by striking 

13 ‘‘BUREAU OF’’ and inserting ‘‘U.S.’’; 

14 (B) in subsection (a)(1), by striking ‘‘the 

15 ’Bureau of’’ and inserting ‘‘’U.S.’’; 

16 (C) by striking ‘‘the Bureau of’’ each place 

17 such terms appears and inserting ‘‘U.S.’’; and 

18 (D) in subsection (f)— 

19 (i) by amending the subsection head20 ing to read as follows: ‘‘OFFICE OF CITI21 ZENSHIP AND NEW AMERICANS’’; and 

22 (ii) by striking paragraph (1) and in23 serting the following: 

24 ‘‘(1) CHIEF.—The Office of Citizenship and 

25 New Americans shall be within U.S. Citizenship and 


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1 Immigration Services and shall be headed by the 

2 Chief of the Office of Citizenship and New Ameri3 cans.’’. 

4 (b) FUNCTIONS.—Section 451(f) of such Act (6 

5 U.S.C. 271(f)), as amended by subsection (a)(3)(D), is 

6 further amended by striking paragraph (2) and inserting 

7 the following: 

8 ‘‘(2) FUNCTIONS.—The Chief of the Office of 

9 Citizenship and New Americans shall— 

10 ‘‘(A) promote institutions and training on 

11 citizenship responsibilities for aliens interested 

12 in becoming naturalized citizens of the United 

13 States, including the development of edu14 cational materials for such aliens; 

15 ‘‘(B) provide general leadership, consulta16 tion, and coordination of the immigrant integra17 tion programs across the Federal Government 

18 and with State and local entities; 

19 ‘‘(C) advise the Director of U.S. Citizen20 ship and Immigration Services, the Secretary of 

21 Homeland Security, and the Domestic Policy 

22 Council on— 

23 ‘‘(i) the challenges and opportunities 

24 relating to the linguistic, economic, and 

25 civic integration of immigrants and their 


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1 young children and progress in meeting in2 tegration goals and indicators; and 

3 ‘‘(ii) immigrant integration consider4 ations relating to Federal budgets; 

5 ‘‘(D) establish national goals for intro6 ducing new immigrants into the United States 

7 and measure the degree to which such goals are 

8 met; 

9 ‘‘(E) evaluate the scale, quality, and effec10 tiveness of Federal Government efforts in immi11 grant integration and provide advice on appro12 priate actions; 

13 ‘‘(F) identify the integration implications 

14 of new or proposed immigration policies and 

15 provide recommendations for addressing such 

16 implications; 

17 ‘‘(G) continue the efforts of the Task 

18 Force on New Americans established by Execu19 tive Order 13404 (71 Fed. Reg. 33593); 

20 ‘‘(H) serve as a liaison and intermediary 

21 with State and local governments and other en22 tities to assist in establishing local goals, task 

23 forces, and councils to assist in— 

24 ‘‘(i) introducing immigrants into the 

25 United States; and 


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1 ‘‘(ii) promoting citizenship education 

2 and awareness among aliens interested in 

3 becoming naturalized citizens of the United 

4 States; 

5 ‘‘(I) coordinate with other Federal agencies 

6 to provide information to State and local gov7 ernments on the demand for existing Federal 

8 and State English acquisition and citizenship 

9 education programs and best practices for im10 migrants who recently arrived in the United 

11 States; 

12 ‘‘(J) assist States in coordinating the ac13 tivities of the grant programs authorized under 

14 sections 2537 and 2538 of the Border Security, 

15 Economic Opportunity, and Immigration Mod16 ernization Act; 

17 ‘‘(K) submit a biennial report to the appro18 priate congressional committees that describes 

19 the activities of the Office of Citizenship and 

20 New Americans; and 

21 ‘‘(L) carry out such other functions and 

22 activities as Secretary may assign.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 subsections (a) and (b) shall take effect on the date that 

25 is 1 year after the date of the enactment of this Act. 


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1 Subchapter B—Task Force on New 

2 Americans 

3 SEC. 2521. ESTABLISHMENT. 

4 (a) IN GENERAL.—The Secretary shall establish a 

5 Task Force on New Americans. 

6 (b) FULLY FUNCTIONAL.—The Task Force shall be 

7 fully functional not later than 18 months after the date 

8 of the enactment of this Act. 

9 SEC. 2522. PURPOSE. 

10 The purposes of the Task Force are— 

11 (1) to establish a coordinated Federal program 

12 and policy response to immigrant integration issues; 

13 and 

14 (2) to advise and assist the Secretary in identi15 fying and fostering policies to carry out the policies 

16 and goals established under this chapter. 

17 SEC. 2523. MEMBERSHIP. 

18 (a) IN GENERAL.—The Task Force shall be com19 prised of— 

20 (1) the Secretary, who shall serve as Chair of 

21 the Task Force; 

22 (2) the Secretary of the Treasury; 

23 (3) the Attorney General; 

24 (4) the Secretary of Commerce; 

25 (5) the Secretary of Labor; 


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1 (6) the Secretary of Health and Human Serv2 ices; 

3 (7) the Secretary of Housing and Urban Devel4 opment; 

5 (8) the Secretary of Transportation; 

6 (9) the Secretary of Education; 

7 (10) the Director of the Office of Management 

8 and Budget; 

9 (11) the Administrator of the Small Business 

10 Administration; 

11 (12) the Director of the Domestic Policy Coun12 cil; and 

13 (13) the Director of the National Economic 

14 Council. 

15 (b) DELEGATION.—A member of the Task Force may 

16 delegate a senior official, at the Assistant Secretary, Dep17 uty Administrator, Deputy Director, or Assistant Attorney 

18 General level to perform the functions of a Task Force 

19 member described in section 2524. 

20 SEC. 2524. FUNCTIONS. 

21 (a) MEETINGS; FUNCTIONS.—The Task Force 

22 shall— 

23 (1) meet at the call of the Chair; and 

24 (2) perform such functions as the Secretary 

25 may prescribe. 


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1 (b) COORDINATED RESPONSE.—The Task Force 

2 shall work with executive branch agencies— 

3 (1) to provide a coordinated Federal response 

4 to issues that impact the lives of new immigrants 

5 and receiving communities, including— 

6 (A) access to youth and adult education 

7 programming; 

8 (B) workforce training; 

9 (C) health care policy; 

10 (D) access to naturalization; and 

11 (E) community development challenges; 

12 and 

13 (2) to ensure that Federal programs and poli14 cies adequately address such impacts. 

15 (c) LIAISONS.—Members of the Task Force shall 

16 serve as liaisons to their respective agencies to ensure the 

17 quality and timeliness of their agency’s participation in ac18 tivities of the Task Force, including— 

19 (1) creating integration goals and indicators; 

20 (2) implementing the biannual consultation 

21 process with the agency’s State and local counter22 parts; and 

23 (3) reporting on agency data collection, policy, 

24 and program efforts relating to achieving the goals 

25 and indicators referred to in paragraph (1). 


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1 (d) RECOMMENDATIONS.—Not later than 18 months 

2 after the end of the period specified in section 2521(b), 

3 the Task Force shall— 

4 (1) provide recommendations to the Domestic 

5 Policy Council and the Secretary on the effects of 

6 pending legislation and executive branch policy pro7 posals; 

8 (2) suggest changes to Federal programs or 

9 policies to address issues of special importance to 

10 new immigrants and receiving communities; 

11 (3) review and recommend changes to policies 

12 that have a distinct impact on new immigrants and 

13 receiving communities; and 

14 (4) assist in the development of legislative and 

15 policy proposals of special importance to new immi16 grants and receiving communities. 

17 CHAPTER 2—PUBLIC-PRIVATE 

18 PARTNERSHIP 

19 SEC. 2531. ESTABLISHMENT OF UNITED STATES CITIZEN20 SHIP FOUNDATION. 

21 The Secretary, acting through the Director of U.S. 

22 Citizenship and Immigration Services, is authorized to es23 tablish a nonprofit corporation, which shall be known as 

24 the ‘‘United States Citizenship Foundation’’. 


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1 SEC. 2532. FUNDING. 

2 (a) GIFTS TO FOUNDATION.—In order to carry out 

3 the purposes set forth in section 2533, the Foundation 

4 may— 

5 (1) solicit, accept, and make gifts of money and 

6 other property in accordance with section 501(c)(3) 

7 of the Internal Revenue Code of 1986; 

8 (2) engage in coordinated work with the De9 partment, including the Office and U.S. Citizenship 

10 and Immigration Services; and 

11 (3) accept, hold, administer, invest, and spend 

12 any gift, devise, or bequest of real or personal prop13 erty made to the Foundation. 

14 (b) GIFTS TO OFFICE OF CITIZENSHIP AND NEW

15 AMERICANS.—The Office may accept gifts from the Foun16 dation to support the functions of the Office. 

17 SEC. 2533. PURPOSES. 

18 The purposes of the Foundation are— 

19 (1) to expand citizenship preparation programs 

20 for permanent residents; 

21 (2) to provide direct assistance for aliens seek22 ing provisional immigrant status, legal permanent 

23 resident status, or naturalization as a United States 

24 citizen; and 

25 (3) to coordinate immigrant integration with 

26 State and local entities. 


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1 SEC. 2534. AUTHORIZED ACTIVITIES. 

2 The Foundation shall carry out its purpose by— 

3 (1) making United States citizenship instruc4 tion and naturalization application services acces5 sible to low-income and other underserved perma6 nent resident populations; 

7 (2) developing, identifying, and sharing best 

8 practices in United States citizenship preparation; 

9 (3) supporting innovative and creative solutions 

10 to barriers faced by those seeking naturalization; 

11 (4) increasing the use of, and access to, tech12 nology in United States citizenship preparation pro13 grams; 

14 (5) engaging receiving communities in the 

15 United States citizenship and civic integration proc16 ess; 

17 (6) administering the New Citizens Award Pro18 gram to recognize, in each calendar year, not more 

19 than 10 United States citizens who— 

20 (A) have made outstanding contributions 

21 to the United States; and 

22 (B) have been naturalized during the 10- 

23 year period ending on the date of such recogni24 tion; 

25 (7) fostering public education and awareness; 


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1 (8) coordinate its immigrant integration efforts 

2 with the Office; 

3 (9) awarding grants to eligible public or private 

4 nonprofit organizations under section 2537. 

5 (10) awarding grants to State and local govern6 ments under section 2538. 

7 SEC. 2535. COUNCIL OF DIRECTORS. 

8 (a) MEMBERS.—The Foundation shall have a Council 

9 of Directors, which shall be comprised of— 

10 (1) the Director of U.S. Citizenship and Immi11 gration Services; 

12 (2) the Chief of the Office of Citizenship and 

13 New Americans; and 

14 (3) 10 directors, appointed by the ex-officio di15 rectors designated in paragraphs (1) and (2), from 

16 national community-based organizations that pro17 mote and assist permanent residents with natu18 ralization. 

19 (b) APPOINTMENT OF EXECUTIVE DIRECTOR.—The 

20 USCF Council shall appoint an Executive Director, who 

21 shall oversee the day-to-day operations of the Foundation. 

22 SEC. 2536. POWERS. 

23 The Executive Director is authorized to carry out the 

24 purposes set forth in section 2533 on behalf of the Foun25 dation by— 


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1 (1) accepting, holding, administering, investing, 

2 and spending any gift, devise, or bequest of real or 

3 personal property made to the Foundation; 

4 (2) entering into contracts and other financial 

5 assistance agreements with individuals, public or pri6 vate organizations, professional societies, and gov7 ernment agencies to carry out the functions of the 

8 Foundation; 

9 (3) entering into such other contracts, leases, 

10 cooperative agreements, and other transactions as 

11 the Executive Director considers appropriate to 

12 carry out the activities of the Foundation; and 

13 (4) charging such fees for professional services 

14 furnished by the Foundation as the Executive Direc15 tor determines reasonable and appropriate. 

16 SEC. 2537. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP 

17 ASSISTANCE GRANT PROGRAM. 

18 (a) AUTHORIZATION.—The Secretary, acting through 

19 the Director of U.S. Citizenship and Immigration Serv20 ices, may award Initial Entry, Adjustment, and Citizen21 ship Assistance grants to eligible public or private, non22 profit organizations. 

23 (b) USE OF GRANT FUNDS.—IEACA grants shall be 

24 used for the design and implementation of programs that 


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1 provide direct assistance, within the scope of the author2 ized practice of immigration law— 

3 (1) to aliens who are preparing an initial appli4 cation for registered provisional immigrant status 

5 under section 245B of the Immigration and Nation6 ality Act, as added by section 2101 of this Act, in7 cluding assisting applicants in— 

8 (A) screening to assess prospective appli9 cants’ potential eligibility or lack of eligibility; 

10 (B) completing applications; 

11 (C) gathering proof of identification, em12 ployment, residence, and tax payment; 

13 (D) gathering proof of relationships of eli14 gible family members; 

15 (E) applying for any waivers for which ap16 plicants and qualifying family members may be 

17 eligible; and 

18 (F) any other assistance that the Secretary 

19 or grantee considers useful to aliens who are in20 terested in applying for registered provisional 

21 immigrant status; 

22 (2) to aliens seeking to adjust their status 

23 under section2211 or 2212 of this Act or section 

24 245, 245B, or 245C of the Immigration and Nation25 ality Act; 


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1 (3) to legal permanent residents seeking to be2 come naturalized United States citizens; and 

3 (4) to applicants on— 

4 (A) the rights and responsibilities of 

5 United States citizenship; 

6 (B) civics-based English as a second lan7 guage; 

8 (C) civics, with a special emphasis on com9 mon values and traditions of Americans, includ10 ing an understanding of the history of the 

11 United States and the principles of the Con12 stitution; and 

13 (D) applying for United States citizenship. 

14 SEC. 2538. PILOT PROGRAM TO PROMOTE IMMIGRANT IN15 TEGRATION AT STATE AND LOCAL LEVELS. 

16 (a) GRANTS AUTHORIZED.—The Chief shall establish 

17 a pilot program through which the Chief may award 

18 grants, on a competitive basis, to States and local govern19 ments or other qualifying entities, in collaboration with 

20 State and local governments — 

21 (1) to establish New Immigrant Councils to 

22 carry out programs to integrate new immigrants; or 

23 (2) to carry out programs to integrate new im24 migrants. 


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1 (b) APPLICATION.—A State or local government de2 siring a grant under this section shall submit an applica3 tion to the Chief at such time, in such manner, and con4 taining such information as the Chief may reasonably re5 quire, including— 

6 (1) a proposal to meet an objective or combina7 tion of objectives set forth in subsection (d)(3); 

8 (2) the number of new immigrants in the appli9 cant’s jurisdiction; and 

10 (3) a description of the challenges in intro11 ducing and integrating new immigrants into the 

12 State or local community. 

13 (c) PRIORITY.—In awarding grants under this sec14 tion, the Chief shall give priority to States and local gov15 ernments or other qualifying entities that— 

16 (1) use matching funds from non-Federal 

17 sources, which may include in-kind contributions; 

18 (2) demonstrate collaboration with public and 

19 private entities to achieve the goals of the com20 prehensive plan developed pursuant to subsection 

21 (d)(3); 

22 (3) are 1 of the 10 States with the highest rate 

23 of foreign-born residents; or 

24 (4) have experienced a large increase in the 

25 population of immigrants during the most recent 10- 


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1 year period relative to past migration patterns, 

2 based on data compiled by the Office of Immigration 

3 Statistics or the United States Census Bureau. 

4 (d) AUTHORIZED ACTIVITIES.—A grant awarded 

5 under this subsection may be used— 

6 (1) to form a New Immigrant Council, which 

7 shall— 

8 (A) consist of between 15 and 19 individ9 uals, inclusive, from the State, local govern10 ment, or qualifying organization; 

11 (B) include, to the extent practicable, rep12 resentatives from— 

13 (i) business; 

14 (ii) faith-based organizations; 

15 (iii) civic organizations; 

16 (iv) philanthropic organizations; 

17 (v) nonprofit organizations, including 

18 those with experience working with immi19 grant communities; 

20 (vi) key education stakeholders, such 

21 as State educational agencies, local edu22 cational agencies, community colleges, and 

23 teachers; 

24 (vii) State adult education offices; 


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1 (viii) State or local public libraries; 

2 and 

3 (ix) State or local governments; and 

4 (C) meet not less frequently than once 

5 each quarter; 

6 (2) to provide subgrants to local communities, 

7 city governments, municipalities, nonprofit organiza8 tions (including veterans’ and patriotic organiza9 tions) or other qualifying entities; 

10 (3) to develop, implement, expand, or enhance 

11 a comprehensive plan to introduce and integrate new 

12 immigrants into the State by— 

13 (A) improving English language skills; 

14 (B) engaging caretakers with limited 

15 English proficiency in their child’s education 

16 through interactive parent and child literacy ac17 tivities; 

18 (C) improving and expanding access to 

19 workforce training programs; 

20 (D) teaching United States history, civics 

21 education, citizenship rights, and responsibil22 ities; 

23 (E) promoting an understanding of the 

24 form of government and history of the United 

25 States and the principles of the Constitution; 


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1 (F) improving financial literacy; and 

2 (G) focusing on other key areas of impor3 tance to integration in our society; and 

4 (4) to engage receiving communities in the citi5 zenship and civic integration process by— 

6 (A) increasing local service capacity; 

7 (B) building meaningful connections be8 tween newer immigrants and long-time resi9 dents; 

10 (C) communicating the contributions of re11 ceiving communities and new immigrants; and 

12 (D) engaging leaders from all sectors of 

13 the community. 

14 (e) REPORTING AND EVALUATION.— 

15 (1) ANNUAL REPORT.—Each grant recipient 

16 shall submit an annual report to the Office that de17 scribes— 

18 (A) the activities undertaken by the grant 

19 recipient, including how such activities meet the 

20 goals of the Office, the Foundation, and the 

21 comprehensive plan described in subsection 

22 (d)(3); 

23 (B) the geographic areas being served; 

24 (C) the number of immigrants in such 

25 areas; and 


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1 (D) the primary languages spoken in such 

2 areas. 

3 (2) ANNUAL EVALUATION.—The Chief shall 

4 conduct an annual evaluation of the grant program 

5 established under this section— 

6 (A) to assess and improve the effectiveness 

7 of such grant program; 

8 (B) to assess the future needs of immi9 grants and of State and local governments re10 lated to immigrants; and 

11 (C) to ensure that grantees recipients and 

12 subgrantees are acting within the scope and 

13 purpose of this subchapter. 

14 SEC. 2539. NATURALIZATION CEREMONIES. 

15 (a) IN GENERAL.—The Chief, in consultation with 

16 the Director of the National Park Service, the Archivist 

17 of the United States, and other appropriate Federal offi18 cials, shall develop and implement a strategy to enhance 

19 the public awareness of naturalization ceremonies. 

20 (b) VENUES.—In developing the strategy under sub21 section (a), the Secretary shall consider the use of out22 standing and historic locations as venues for select natu23 ralization ceremonies. 

24 (c) REPORTING REQUIREMENT.—The Secretary shall 

25 annually submit a report to Congress that contains— 


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1 (1) the content of the strategy developed under 

2 subsection (a); and 

3 (2) the progress made towards the implementa4 tion of such strategy. 

5 CHAPTER 3—FUNDING 

6 SEC. 2541. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) OFFICE OF CITIZENSHIP AND NEW AMERI8 CANS.—In addition to any amounts otherwise made avail9 able to the Office, there are authorized to be appropriated 

10 to carry out the functions described in section 451(f)(2) 

11 of the Homeland Security Act of 2002 (6 U.S.C. 

12 271(f)(2)), as amended by section 2511(b)— 

13 (1) $10,000,000 for the 5-year period ending 

14 on September 30, 2018; and 

15 (2) such sums as may be necessary for fiscal 

16 year 2019 and subsequent fiscal years. 

17 (b) GRANT PROGRAMS.—There are authorized to be 

18 appropriated to implement the grant programs authorized 

19 under sections 2537 and 2538, and to implement the 

20 strategy under section 2539— 

21 (1) $100,000,000 for the 5-year period ending 

22 on September 30, 2018; and 

23 (2) such sums as may be necessary for fiscal 

24 year 2019 and subsequent fiscal years. 


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1 CHAPTER 4—REDUCE BARRIERS TO 

2 NATURALIZATION 

3 SEC. 2551. WAIVER OF ENGLISH REQUIREMENT FOR SEN4 IOR NEW AMERICANS. 

5 Section 312 (8 U.S.C. 1423) is amended by striking 

6 subsection (b) and inserting the following: 

7 ‘‘(b) The requirements under subsection (a) shall not 

8 apply to any person who— 

9 ‘‘(1) is unable to comply with such require10 ments because of physical or developmental disability 

11 or mental impairment; or 

12 ‘‘(2) on the date on which the person’s applica13 tion for naturalization is filed under section 334— 

14 ‘‘(A) is older than 65 years of age; and 

15 ‘‘(B) has been living in the United States 

16 for periods totaling at least 5 years after being 

17 lawfully admitted for permanent residence. 

18 ‘‘(c) The requirement under subsection (a)(1) shall 

19 not apply to any person who, on the date on which the 

20 person’s application for naturalization is filed under sec21 tion 334— 

22 ‘‘(1) is older than 50 years of age and has been 

23 living in the United States for periods totaling at 

24 least 20 years after being lawfully admitted for per25 manent residence; 


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1 ‘‘(2) is older than 55 years of age and has been 

2 living in the United States for periods totaling at 

3 least 15 years after being lawfully admitted for per4 manent residence; or 

5 ‘‘(3) is older than 60 years of age and has been 

6 living in the United States for periods totaling at 

7 least 10 years after being lawfully admitted for per8 manent residence. 

9 ‘‘(d) The Secretary of Homeland Security may waive, 

10 on a case-by-case basis, the requirement under subsection 

11 (a)(2) on behalf of any person who, on the date on which 

12 the person’s application for naturalization is filed under 

13 section 334— 

14 ‘‘(1) is older than 60 years of age; and 

15 ‘‘(2) has been living in the United States for 

16 periods totaling at least 10 years after being lawfully 

17 admitted for permanent residence.’’. 

18 SEC. 2552. FILING OF APPLICATIONS NOT REQUIRING REG19 ULAR INTERNET ACCESS. 

20 (a) ELECTRONIC FILING NOT REQUIRED.— 

21 (1) IN GENERAL.—The Secretary may not re22 quire that an applicant or petitioner for permanent 

23 residence or citizenship of the United States use an 

24 electronic method to file any application, or access to 

25 a customer account. 


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1 (2) SUNSET DATE.—This subsection shall cease 

2 to be effective on October 1, 2020. 

3 (b) NOTIFICATION REQUIREMENT.—Beginning on 

4 October 1, 2020, the Secretary may not require that an 

5 applicant or petitioner for permanent residence or citizen6 ship of the United States use an electronic method to file 

7 any application, or access to a customer account unless 

8 the Secretary notifies the Committee on Homeland Secu9 rity and Governmental Affairs of the Senate and the Com10 mittee on Homeland Security of the House of Representa11 tives of such requirement not later than 30 days before 

12 the effective date of such requirement. 

13 TITLE III—INTERIOR 

14 ENFORCEMENT 

15 Subtitle A—Employment 

16 Verification System 

17 SEC. 3101. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED 

18 ALIENS. 

19 (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 

20 is amended to read as follows: 

21 ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. 

22 ‘‘(a) MAKING EMPLOYMENT OF UNAUTHORIZED

23 ALIENS UNLAWFUL.— 

24 ‘‘(1) IN GENERAL.—It is unlawful for an em25 ployer— 


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1 ‘‘(A) to hire, recruit, or refer for a fee an 

2 alien for employment in the United States 

3 knowing that the alien is an unauthorized alien 

4 with respect to such employment; or 

5 ‘‘(B) to hire, recruit, or refer for a fee for 

6 employment in the United States an individual 

7 without complying with the requirements under 

8 subsections (c) and (d). 

9 ‘‘(2) CONTINUING EMPLOYMENT.— 

10 ‘‘(A) PROHIBITION ON CONTINUED EM11 PLOYMENT OF UNAUTHORIZED ALIENS.—It is 

12 unlawful for an employer, after hiring an alien 

13 for employment, to continue to employ the alien 

14 in the United States knowing that the alien is 

15 (or has become) an unauthorized alien with re16 spect to such employment. 

17 ‘‘(B) PROHIBITION ON CONSIDERATION OF

18 PREVIOUS UNAUTHORIZED STATUS.—Nothing 

19 in this section may be construed to prohibit the 

20 employment of an individual who is authorized 

21 for employment in the United States if such in22 dividual was previously an unauthorized alien. 

23 ‘‘(3) USE OF LABOR THROUGH CONTRACT.— 

24 For purposes of this section, any employer that uses 

25 a contract, subcontract, or exchange to obtain the 


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1 labor of an alien in the United States while knowing 

2 that the alien is an unauthorized alien with respect 

3 to performing such labor shall be considered to have 

4 hired the alien for employment in the United States 

5 in violation of paragraph (1)(A). 

6 ‘‘(4) USE OF STATE EMPLOYMENT AGENCY

7 DOCUMENTATION.—For purposes of paragraphs 

8 (1)(B), (5), and (6), an employer shall be deemed to 

9 have complied with the requirements under sub10 section (c) with respect to the hiring of an individual 

11 who was referred for such employment by a State 

12 employment agency (as defined by the Secretary) if 

13 the employer has and retains (for the period and in 

14 the manner described in subsection (c)(3)) appro15 priate documentation of such referral by such agen16 cy, certifying that such agency has complied with the 

17 procedures described in subsection (c) with respect 

18 to the individual’s referral. An employer that relies 

19 on a State agency’s certification of compliance with 

20 subsection (c) under this paragraph may utilize and 

21 retain the State agency’s certification of compliance 

22 with the procedures described in subsection (d), if 

23 any, in the manner provided under this paragraph. 

24 ‘‘(5) GOOD FAITH DEFENSE.— 


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1 ‘‘(A) DEFENSE.—An employer, person, or 

2 entity that hires, employs, recruits, or refers in3 dividuals for employment in the United States, 

4 or is otherwise obligated to comply with the re5 quirements under this section and establishes 

6 good faith compliance with the requirements 

7 under paragraphs (1) through (4) of subsection 

8 (c) and subsection (d)— 

9 ‘‘(i) has established an affirmative de10 fense that the employer, person, or entity 

11 has not violated paragraph (1)(A) with re12 spect to hiring and employing; and 

13 ‘‘(ii) has established compliance with 

14 its obligations under subparagraph (A) and 

15 (B) of paragraph (1) and subsection (c) 

16 unless the Secretary demonstrates that the 

17 employer had knowledge that an individ18 uals hired, employed, recruited, or referred 

19 by the employer, person, or entity is an au20 thorized alien. 

21 ‘‘(B) FAILURE TO OBTAIN

22 VERIFICATION.—An employer that has made 

23 the inquiry under subsection (d) with respect to 

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1 bility of such individual from the System within 

2 the time period specified in subsection (d)(4)(C) 

3 may retain the defense under subparagraph (A) 

4 if the employer timely records in the System the 

5 reasons the employer continues to employ the 

6 individual. 

7 ‘‘(C) EXCEPTION FOR CERTAIN EMPLOY8 ERS.—An employer who is not required to par9 ticipate in the System or who is participating in 

10 the System on a voluntary basis pursuant to 

11 subsection (d)(2)(I) has established an affirma12 tive defense under subparagraph (A) and need 

13 not demonstrate compliance with the require14 ments under subsection (d). 

15 ‘‘(6) GOOD FAITH COMPLIANCE.— 

16 ‘‘(A) IN GENERAL.—Except as otherwise 

17 provided in this subsection, an employer, per18 son, or entity is considered to have complied 

19 with a requirement under this subsection not20 withstanding a technical or procedural failure 

21 to meet such requirement if there was a good 

22 faith attempt to comply with the requirement. 

23 ‘‘(B) EXCEPTION IF FAILURE TO CORRECT

24 AFTER NOTICE.—Subparagraph (A) shall not 

25 apply if— 


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1 ‘‘(i) the failure is not de minimis; 

2 ‘‘(ii) the Secretary of Homeland Secu3 rity has explained to the employer, person, 

4 or entity the basis for the failure and why 

5 it is not de minimis; 

6 ‘‘(iii) the employer, person, or entity 

7 has been provided a period of not less than 

8 30 days (beginning after the date of the 

9 explanation) to correct the failure; and 

10 ‘‘(iv) the employer, person, or entity 

11 has not corrected the failure voluntarily 

12 within such period. 

13 ‘‘(C) EXCEPTION FOR PATTERN OR PRAC14 TICE VIOLATORS.—Subparagraph (A) shall not 

15 apply to an employer, person, or entity that has 

16 engaged or is engaging in a pattern or practice 

17 of violations of paragraph (1)(A) or (2). 

18 ‘‘(7) PRESUMPTION.—After the date on which 

19 an employer is required to participate in the System 

20 under subsection (d), the employer is presumed to 

21 have acted with knowledge for purposes of para22 graph (1)(A) if the employer hires, employs, re23 cruits, or refers an employee and fails to make an 

24 inquiry to verify the employment authorization sta25 tus of the employee through the System. 


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1 ‘‘(8) CONTINUED APPLICATION OF WORKFORCE

2 AND LABOR PROTECTION REMEDIES DESPITE UNAU3 THORIZED EMPLOYMENT.—An employer may not 

4 deny an employee back pay or any other remedy pro5 vided under any Federal, State, or local law relating 

6 to workplace rights, and a court may not prohibit an 

7 employee from pursuing other causes of action giv8 ing rise to liability, except any reinstatement remedy 

9 prohibited by Federal law, on account of the employ10 ee’s status as an unauthorized alien, either during or 

11 after the period of employment by the employer. 

12 ‘‘(9) AVAILABILITY OF REINSTATEMENT AND

13 RELIEF.—Reinstatement and all other appropriate 

14 relief shall be available to individuals who— 

15 ‘‘(A) are lawfully present in the United 

16 States at the time such relief is requested; and 

17 ‘‘(B) lost employment authorized status 

18 due to the unlawful acts of the employer and 

19 for whom reinstatement would restore such sta20 tus. 

21 ‘‘(b) DEFINITIONS.—In this section: 

22 ‘‘(1) COMMISSIONER.—The term ‘Commis23 sioner’ means the Commissioner of Social Security. 


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1 ‘‘(2) DEPARTMENT.—Except as otherwise pro2 vided, the term ‘Department’ means the Department 

3 of Homeland Security. 

4 ‘‘(3) EMPLOYER.—The term ‘employer’ means 

5 any person or entity, including an agency or depart6 ment of a Federal, State, or local government, an 

7 agent, or a System service provider, that hires, em8 ploys, recruits, or refers for a fee an individual for 

9 employment in the United States that is not casual, 

10 sporadic, irregular, or intermittent (as defined by 

11 the Secretary). 

12 ‘‘(4) EMPLOYMENT AUTHORIZED STATUS.—The 

13 term ‘employment authorized status’ means, with re14 spect to an individual, that the individual is author15 ized to be employed in the United States under the 

16 immigration laws of the United States. 

17 ‘‘(5) SECRETARY.—Except as otherwise specifi18 cally provided, the term ‘Secretary’ means the Sec19 retary of Homeland Security. 

20 ‘‘(6) SYSTEM.—The term ‘System’ means the 

21 Employment Verification System established under 

22 subsection (d). 

23 ‘‘(7) UNAUTHORIZED ALIEN.—The term ‘unau24 thorized alien’ means an alien who, with respect to 


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1 employment in the United States at a particular 

2 time— 

3 ‘‘(A) is not lawfully admitted for perma4 nent residence; or 

5 ‘‘(B) is not authorized to be employed 

6 under this Act or by the Secretary. 

7 ‘‘(8) WORKPLACE RIGHTS.—The term ‘work8 place rights’ means rights guaranteed under Fed9 eral, State, or local labor or employment laws, in10 cluding laws concerning wages and hours, benefits 

11 and employment standards, labor relations, work12 place health and safety, work-related injuries, non13 discrimination, and retaliation for exercising rights 

14 under such laws. 

15 ‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.— 

16 Any employer hiring an individual for employment in the 

17 United States shall comply with the following require18 ments and the requirements under subsection (d) to verify 

19 that the individual has employment authorized status: 

20 ‘‘(1) ATTESTATION AFTER EXAMINATION OF

21 DOCUMENTATION.— 

22 ‘‘(A) IN GENERAL.— 

23 ‘‘(i) EXAMINATION BY EMPLOYER.— 

24 An employer shall attest, under penalty of 

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1 retary, that the employer has verified the 

2 identity and employment authorization sta3 tus of the individual— 

4 ‘‘(I) by examining— 

5 ‘‘(aa) a document specified 

6 in subparagraph (C); or 

7 ‘‘(bb) a document specified 

8 in subparagraph (D) and a docu9 ment specified in subparagraph 

10 (E); and 

11 ‘‘(II) by utilizing an identity au12 thentication mechanism described in 

13 clause (iii) or (iv) of subparagraph 

14 (F). 

15 ‘‘(ii) PUBLICATION OF DOCUMENTS.— 

16 The Secretary shall publish a picture of 

17 each document specified in subparagraphs 

18 (C) and (E) on the U.S. Citizenship and 

19 Immigration Services’ website. 

20 ‘‘(B) REQUIREMENTS.— 

21 ‘‘(i) FORM.—The form referred to in 

22 subparagraph (A)(i)— 

23 ‘‘(I) shall be prescribed by the 

24 Secretary not later than 6 months 

25 after the date of the enactment of the 


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1 Border Security, Economic Oppor2 tunity, and Immigration Moderniza3 tion Act; 

4 ‘‘(II) shall be available as— 

5 ‘‘(aa) a paper form; 

6 ‘‘(bb) a form that may be 

7 completed by an employer via 

8 telephone; 

9 ‘‘(cc) an electronic form; or 

10 ‘‘(dd) a form that is inte11 grated electronically with the re12 quirements under subsection (d). 

13 ‘‘(ii) ATTESTATION.—Each such form 

14 shall require the employer to sign an attes15 tation with a handwritten, electronic, or 

16 digital pin code signature, according to 

17 standards prescribed by the Secretary. 

18 ‘‘(iii) COMPLIANCE.—An employer has 

19 complied with the requirements under this 

20 paragraph with respect to examination of 

21 the documents included in subclauses (I) 

22 and (II) of subparagraph (A)(i) if— 

23 ‘‘(I) the employer has, in good 

24 faith, followed applicable regulations 


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1 and any written procedures or instruc2 tions provided by the Secretary; and 

3 ‘‘(II) a reasonable person would 

4 conclude that the documentation is 

5 genuine and relates to the individual 

6 presenting such documentation. 

7 ‘‘(C) DOCUMENTS ESTABLISHING IDEN8 TITY AND EMPLOYMENT AUTHORIZED STA9 TUS.—A document is specified in this subpara10 graph if the document is unexpired (unless the 

11 validity of the document is extended by law) 

12 and is 1 of the following: 

13 ‘‘(i) A United States passport or pass14 port card issued to an individual pursuant 

15 to the Secretary of State’s authority under 

16 the Act entitled ‘An Act to regulate the 

17 issue and validity of passports, and for 

18 other purposes’, approved July 3, 1926 (22 

19 U.S.C. 211a). 

20 ‘‘(ii) A document issued to an alien 

21 evidencing that the alien is lawfully admit22 ted for permanent residence or another 

23 document issued to an individual evidenc24 ing the individual’s employment authorized 


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1 status, as designated by the Secretary, if 

2 the document— 

3 ‘‘(I) contains a photograph of the 

4 individual, or such other personal 

5 identifying information relating to the 

6 individual as the Secretary deter7 mines, by regulation, to be sufficient 

8 for the purposes of this subparagraph; 

9 ‘‘(II) is evidence of employment 

10 authorized status; and 

11 ‘‘(III) contains security features 

12 to make the document resistant to 

13 tampering, counterfeiting, and fraudu14 lent use. 

15 ‘‘(iii) An enhanced driver’s license or 

16 identification card issued to a national of 

17 the United States by a State or a federally 

18 recognized Indian tribe that— 

19 ‘‘(I) meets the requirements 

20 under section 202 of the REAL ID 

21 Act of 2005 (division B of Public Law 

22 109–13; 49 U.S.C. 30301 note); and 

23 ‘‘(II) the Secretary has certified 

24 by notice published in the Federal 

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1 tice directly to employers registered in 

2 the System 3 months prior to publica3 tion that such enhanced license or 

4 card is suitable for use under this 

5 subparagraph based upon the accu6 racy and security of the issuance proc7 ess, security features on the docu8 ment, and such other factors as the 

9 Secretary may prescribe. 

10 ‘‘(iv) A passport issued by the appro11 priate authority of a foreign country ac12 companied by a Form I–94 or Form I-94A 

13 (or similar successor form), or other docu14 mentation as designated by the Secretary 

15 that specifies the individual’s status in the 

16 United States and the duration of such 

17 status if the proposed employment is not 

18 in conflict with any restriction or limitation 

19 specified on such form or documentation. 

20 ‘‘(v) A passport issued by the Fed21 erated States of Micronesia or the Repub22 lic of the Marshall Islands with evidence of 

23 nonimmigrant admission to the United 

24 States under the Compact of Free Associa25 tion between the United States and the 


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1 Federated States of Micronesia or the Re2 public of the Marshall Islands. 

3 ‘‘(D) DOCUMENTS ESTABLISHING IDEN4 TITY OF INDIVIDUAL.—A document is specified 

5 in this subparagraph if the document is unex6 pired (unless the validity of the document is ex7 tended by law) and is 1 of the following: 

8 ‘‘(i) A driver’s license or identity card 

9 that is not described in subparagraph 

10 (C)(iii) and is issued to an individual by a 

11 State or an outlying possession of the 

12 United States, a federally recognized In13 dian tribe, or an agency (including mili14 tary) of the Federal Government if the 

15 driver’s license or identity card includes, at 

16 a minimum— 

17 ‘‘(I) the individual’s photograph, 

18 name, date of birth, gender, and driv19 er’s license or identification card num20 ber, and 

21 ‘‘(II) security features to make 

22 the license or card resistant to tam23 pering, counterfeiting, and fraudulent 

24 use. 

25 ‘‘(ii) A voter registration card. 


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1 ‘‘(iii) A document that complies with 

2 the requirements under section 7209(b)(1) 

3 of the Intelligence Reform and Terrorism 

4 Prevention Act of 2004 (Public Law 108– 

5 458; 8 U.S.C. 1185 note). 

6 ‘‘(iv) For individuals under 18 years 

7 of age who are unable to present a docu8 ment listed in clause (i) or (ii), documenta9 tion of personal identity of such other type 

10 as the Secretary determines will provide a 

11 reliable means of identification, which may 

12 include an attestation as to the individual’s 

13 identity by a person 21 years of age or 

14 older under penalty of perjury. 

15 ‘‘(E) DOCUMENTS EVIDENCING EMPLOY16 MENT AUTHORIZATION.—A document is speci17 fied in this subparagraph if the document is un18 expired (unless the validity of the document is 

19 extended by law) and is 1 of the following: 

20 ‘‘(i) A social security account number 

21 card issued by the Commissioner, other 

22 than a card which specifies on its face that 

23 the card is not valid to evidence employ24 ment authorized status or has other simi25 lar words of limitation. 


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1 ‘‘(ii) Any other documentation evi2 dencing employment authorized status that 

3 the Secretary determines and publishes in 

4 the Federal Register and through appro5 priate notice directly to employers reg6 istered within the System to be acceptable 

7 for purposes of this subparagraph if such 

8 documentation, including any electronic se9 curity measures linked to such documenta10 tion, contains security features to make 

11 such documentation resistant to tam12 pering, counterfeiting, and fraudulent use. 

13 ‘‘(F) IDENTITY AUTHENTICATION MECHA14 NISM.— 

15 ‘‘(i) DEFINITIONS.—In this subpara16 graph: 

17 ‘‘(I) COVERED IDENTITY DOCU18 MENT.—The term ‘covered identity 

19 document’ means a valid— 

20 ‘‘(aa) United States pass21 port, passport card, or a docu22 ment evidencing lawful perma23 nent residence status or employ24 ment authorized status issued to 

25 an alien; 


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1 ‘‘(bb) enhanced driver’s li2 cense or identity card issued by a 

3 participating State; or 

4 ‘‘(cc) photograph and appro5 priate identifying information 

6 provided by the Secretary of 

7 State pursuant to the granting of 

8 a visa. 

9 ‘‘(II) PARTICIPATING STATE.— 

10 The term ‘participating State’ means 

11 a State that has an agreement with 

12 the Secretary to provide the Sec13 retary, for purposes of identity 

14 verification in the System, with photo15 graphs and appropriate identifying in16 formation maintained by the State. 

17 ‘‘(ii) REQUIREMENT FOR IDENTITY

18 AUTHENTICATION.—In addition to 

19 verifying the documents specified in sub20 paragraph (C), (D), or (E) and utilizing 

21 the System under subsection (d), each em22 ployer shall use an identity authentication 

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1 able to verify the identity of each indi2 vidual the employer seeks to hire. 

3 ‘‘(iii) PHOTO TOOL.— 

4 ‘‘(I) USE REQUIREMENT.—An 

5 employer seeking to hire an individual 

6 who has a covered identity document 

7 shall verify the identity of such indi8 vidual using the photo tool described 

9 in subclause (II). 

10 ‘‘(II) DEVELOPMENT REQUIRE11 MENT.—The Secretary shall develop 

12 and maintain a photo tool that en13 ables employers to match the photo on 

14 a covered identity document provided 

15 to the employer to a photo maintained 

16 by a U.S. Citizenship and Immigra17 tion Services database. 

18 ‘‘(iv) ADDITIONAL SECURITY MEAS19 URES.— 

20 ‘‘(I) USE REQUIREMENT.—An 

21 employer seeking to hire an individual 

22 whose identity may not be verified 

23 using the photo tool described in 

24 clause (iii) shall verify the identity of 

25 such individual using the additional 


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1 security measures described in sub2 clause (II). 

3 ‘‘(II) DEVELOPMENT REQUIRE4 MENT.—The Secretary shall develop, 

5 after publication in the Federal Reg6 ister and an opportunity for public 

7 comment, specific and effective addi8 tional security measures to adequately 

9 verify the identity of an individual 

10 whose identity may not be verified 

11 using the photo tool described in 

12 clause (iii). Such additional security 

13 measures— 

14 ‘‘(aa) shall be kept up-to15 date with technological advances; 

16 and 

17 ‘‘(bb) shall provide a means 

18 of identity authentication in a 

19 manner that provides a high level 

20 of certainty as to the identity of 

21 such individual, using immigra22 tion and identifying information 

23 that may include review of iden24 tity documents or background 

25 screening verification techniques 


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1 using publicly available informa2 tion. 

3 ‘‘(G) AUTHORITY TO PROHIBIT USE OF

4 CERTAIN DOCUMENTS.—If the Secretary deter5 mines, after publication in the Federal Register 

6 and an opportunity for public commit, that any 

7 document or class of documents specified in 

8 subparagraph (B), (C), or (D) does not reliably 

9 establish identity or that employment author10 ized status is being used fraudulently to an un11 acceptable degree, the Secretary— 

12 ‘‘(i) may prohibit or restrict the use of 

13 such document or class of documents for 

14 purposes of this subsection; and 

15 ‘‘(ii) shall directly notify all employers 

16 registered within the System of the prohi17 bition through appropriate means. 

18 ‘‘(H) AUTHORITY TO ALLOW USE OF CER19 TAIN DOCUMENTS.—If the Secretary has deter20 mined that another document or class of docu21 ments, such as a document issued by a federally 

22 recognized Indian tribe, may be used to reliably 

23 establish identity or employment authorized sta24 tus, the Secretary— 


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1 ‘‘(i) may allow the use of that docu2 ment or class of documents for purposes of 

3 this subsection after publication in the 

4 Federal Register and an opportunity for 

5 public comment; 

6 ‘‘(ii) shall publish a description of any 

7 such document or class of documents on 

8 the U.S. Citizenship and Immigration 

9 Services’ website; and 

10 ‘‘(iii) shall directly notify all employ11 ers registered within the System of the 

12 prohibition through appropriate means. 

13 ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY14 MENT AUTHORIZATION.—An individual, upon com15 mencing employment with an employer, shall— 

16 ‘‘(A) attest, under penalty of perjury, on 

17 the form prescribed by the Secretary, that the 

18 individual is— 

19 ‘‘(i) a national of the United States; 

20 ‘‘(ii) an alien lawfully admitted for 

21 permanent residence; 

22 ‘‘(iii) an alien who has employment 

23 authorized status; or 

24 ‘‘(iv) otherwise authorized by the Sec25 retary to be hired for such employment; 


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1 ‘‘(B) provide such attestation by a hand2 written, electronic, or digital pin code signature; 

3 and 

4 ‘‘(C) provide the individual’s social security 

5 account number to the Secretary, unless the in6 dividual has not yet been issued such a number, 

7 on such form as the Secretary may require. 

8 ‘‘(3) RETENTION OF VERIFICATION RECORD.— 

9 ‘‘(A) IN GENERAL.—After completing a 

10 form for an individual in accordance with para11 graphs (1) and (2), the employer shall retain a 

12 version of such completed form and make such 

13 form available for inspection by the Secretary 

14 or the Office of Special Counsel for Immigra15 tion-Related Unfair Employment Practices of 

16 the Department of Justice during the period be17 ginning on the hiring date of the individual and 

18 ending on the later of— 

19 ‘‘(i) the date that is 3 years after such 

20 hiring date; or 

21 ‘‘(ii) the date that is 1 year after the 

22 date on which the individual’s employment 

23 with the employer is terminated. 

24 ‘‘(B) REQUIREMENT FOR ELECTRONIC RE25 TENTION.—The Secretary— 


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1 ‘‘(i) shall permit an employer to retain 

2 the form described in subparagraph (A) in 

3 electronic form; and 

4 ‘‘(ii) may permit an employer to re5 tain such form in paper, microfiche, micro6 film, or other media. 

7 ‘‘(4) COPYING OF DOCUMENTATION AND REC8 ORDKEEPING.—The Secretary may promulgate regu9 lations regarding— 

10 ‘‘(A) copying documents and related infor11 mation pertaining to employment verification 

12 presented by an individual under this sub13 section; and 

14 ‘‘(B) retaining such information during a 

15 period not to exceed the required retention pe16 riod set forth in paragraph (3). 

17 ‘‘(5) PENALTIES.—An employer that fails to 

18 comply with any requirement under this subsection 

19 may be penalized under subsection (e)(4)(B). 

20 ‘‘(6) PROTECTION OF CIVIL RIGHTS.— 

21 ‘‘(A) IN GENERAL.—Nothing in this sec22 tion may be construed to diminish any rights 

23 otherwise protected by Federal law. 

24 ‘‘(B) PROHIBITION ON DISCRIMINATION.— 

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1 ment verification set forth in this paragraph for 

2 all employees without regard to race, color, reli3 gion, sex, national origin, or, unless specifically 

4 permitted in this section, to citizenship status. 

5 ‘‘(7) RECEIPTS.—The Secretary may authorize 

6 the use of receipts for replacement documents, and 

7 temporary evidence of employment authorization by 

8 an individual to meet a documentation requirement 

9 under this subsection on a temporary basis not to 

10 exceed 1 year, after which time the individual shall 

11 provide documentation sufficient to satisfy the docu12 mentation requirements under this subsection. 

13 ‘‘(8) NO AUTHORIZATION OF NATIONAL IDENTI14 FICATION CARDS.—Nothing in this section may be 

15 construed to directly or indirectly authorize the 

16 issuance, use, or establishment of a national identi17 fication card. 

18 ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) ESTABLISHMENT.—The Secretary, in 

21 consultation with the Commissioner, shall es22 tablish the Employment Verification System. 

23 ‘‘(B) MONITORING.—The Secretary shall 

24 create the necessary processes to monitor— 


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1 ‘‘(i) the functioning of the System, in2 cluding the volume of the workflow, the 

3 speed of processing of queries, the speed 

4 and accuracy of responses; 

5 ‘‘(ii) the misuse of the System, includ6 ing the prevention of fraud or identity 

7 theft; 

8 ‘‘(iii) whether the use of the System 

9 results in wrongful adverse actions or dis10 crimination based upon a prohibited factor 

11 against nationals of the United States or 

12 individuals who have employment author13 ized status; and 

14 ‘‘(iv) the security, integrity, and pri15 vacy of the System. 

16 ‘‘(C) PROCEDURES.—The Secretary— 

17 ‘‘(i) shall create processes to provide 

18 an individual with direct access to the indi19 vidual’s case history in the System, includ20 ing— 

21 ‘‘(I) the identities of all persons 

22 or entities that have queried the indi23 vidual through the System; 

24 ‘‘(II) the date of each such 

25 query; and 


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1 ‘‘(III) the System response for 

2 each such query; and 

3 ‘‘(ii) in consultation with the Commis4 sioner, may develop— 

5 ‘‘(I) protocols to notify an indi6 vidual, in a timely manner through 

7 the use of electronic correspondence 

8 or mail, that a query for the indi9 vidual has been processed through the 

10 System; or 

11 ‘‘(II) a process for the individual 

12 to submit additional queries to the 

13 System or notify the Secretary of po14 tential identity fraud. 

15 ‘‘(2) PARTICIPATION REQUIREMENTS.— 

16 ‘‘(A) FEDERAL GOVERNMENT.—Except as 

17 provided in clause (ii), all agencies and depart18 ments in the executive, legislative, or judicial 

19 branches of the Federal Government shall par20 ticipate in the System beginning on the earlier 

21 of— 

22 ‘‘(i) the date of the enactment of the 

23 Border Security, Economic Opportunity, 

24 and Immigration Modernization Act, to the 

25 extent required under section 402(e)(1) of 


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1 the Illegal Immigration Reform and Immi2 grant Responsibility Act of 1996 (division 

3 C of Public Law 104–208; 8 U.S.C. 

4 1324a) and as already implemented by 

5 each agency or department; or 

6 ‘‘(ii) the date that is 90 days after the 

7 date of the enactment of the Border Secu8 rity, Economic Opportunity, and Immigra9 tion Modernization Act. 

10 ‘‘(B) FEDERAL CONTRACTORS.—Federal 

11 contractors shall participate in the System as 

12 provided in the final rule relating to employ13 ment eligibility verification published in the 

14 Federal Register on November 14, 2008 (73 

15 Fed. Reg. 67,651), or any similar subsequent 

16 regulation, for which purpose references to E17 Verify in the final rule shall be construed to 

18 apply to the System. 

19 ‘‘(C) CRITICAL INFRASTRUCTURE.— 

20 ‘‘(i) IN GENERAL.—Beginning on the 

21 date that is 1 year after the date on which 

22 regulations are published implementing 

23 this subsection, the Secretary may author24 ize or direct any employer, person, or enti25 ty responsible for granting access to, proVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 tecting, securing, operating, administering, 

2 or regulating part of the critical infrastruc3 ture (as defined in section 1016(e) of the 

4 Critical Infrastructure Protection Act of 

5 2001 (42 U.S.C. 5195c(e))) to participate 

6 in the System to the extent the Secretary 

7 determines that such participation will as8 sist in the protection of the critical infra9 structure. 

10 ‘‘(ii) NOTIFICATION TO EMPLOY11 ERS.—The Secretary shall notify an em12 ployer required to participate in the Sys13 tem under this subparagraph not later 

14 than 90 days before the date on which the 

15 employer is required to participate. 

16 ‘‘(D) EMPLOYERS WITH MORE THAN 5,000

17 EMPLOYEES.—Not later than 2 years after reg18 ulations are published implementing this sub19 section, all employers with more than 5,000 em20 ployees shall participate in the System with re21 spect to all newly hired employees and employ22 ees with expiring temporary employment au23 thorization documents. 

24 ‘‘(E) EMPLOYERS WITH MORE THAN 500

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1 ulations are published implementing this sub2 section, all employers with more than 500 em3 ployees shall participate in the System with re4 spect to all newly hired employees and employ5 ees with expiring temporary employment au6 thorization documents. 

7 ‘‘(F) AGRICULTURAL LABOR OR SERV8 ICES.—With respect to an employee performing 

9 agricultural labor or services (as defined for 

10 purposes of section 101(a)(15)(H)(ii)(a)), this 

11 paragraph shall not apply with respect to the 

12 verification of the employee until the date that 

13 is 4 years after the date of the enactment of the 

14 Legal Workforce Act. An employee described in 

15 this clause shall not be counted for purposes of 

16 subparagraph (D) or (E). 

17 ‘‘(G) ALL EMPLOYERS.—Except as pro18 vided in subparagraph (I), not later than 4 

19 years after regulations are published imple20 menting this subsection, all employers shall par21 ticipate in the System with respect to all newly 

22 hired employees and employees with expiring 

23 temporary employment authorization docu24 ments. 


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1 ‘‘(H) TRIBAL GOVERNMENT EMPLOY2 ERS.— 

3 ‘‘(i) RULEMAKING.—In developing 

4 regulations to implement this subsection, 

5 the Secretary shall— 

6 ‘‘(I) consider the effects of this 

7 section on federally recognized Indian 

8 tribes and tribal members; and 

9 ‘‘(II) consult with the govern10 ments of federally recognized Indian 

11 tribes. 

12 ‘‘(ii) REQUIRED PARTICIPATION.—Not 

13 later than 5 years after regulations are 

14 published implementing this subsection, all 

15 employers owned by, or entities of, the gov16 ernment of a federally recognized Indian 

17 tribe shall participate in the System with 

18 respect to all newly hired employees with 

19 expiring temporary employment authoriza20 tion documents. 

21 ‘‘(I) IMMIGRATION LAW VIOLATORS.— 

22 ‘‘(i) ORDERS FINDING VIOLATIONS.— 

23 An order finding any employer to have vio24 lated this section or section 274C may, in 

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1 ployer to participate in the System with re2 spect to newly hired employees and em3 ployees with expiring temporary employ4 ment authorization documents, if such em5 ployer is not otherwise required to partici6 pate in the System under this section. The 

7 Secretary shall monitor such employer’s 

8 compliance with System procedures. 

9 ‘‘(ii) PATTERN OR PRACTICE OF VIO10 LATIONS.—The Secretary may require an 

11 employer that is required to participate in 

12 the System with respect to newly hired em13 ployees to participate in the System with 

14 respect to the employer’s current employ15 ees if the employer is determined by the 

16 Secretary or other appropriate authority to 

17 have engaged in a pattern or practice of 

18 violations of the immigration laws of the 

19 United States. 

20 ‘‘(J) VOLUNTARY PARTICIPATION.—The 

21 Secretary may permit any employer that is not 

22 required to participate in the System under this 

23 section to do so on a voluntary basis. 

24 ‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI25 PATE.— 


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

2 subparagraph (B), the failure, other than a de 

3 minimis or inadvertent failure, of an employer 

4 that is required to participate in the System to 

5 comply with the requirements of the System 

6 with respect to an individual— 

7 ‘‘(i) shall be treated as a violation of 

8 subsection (a)(1)(B) with respect to that 

9 individual; and 

10 ‘‘(ii) creates a rebuttable presumption 

11 that the employer has violated paragraph 

12 (1)(A) or (2) of subsection (a). 

13 ‘‘(B) EXCEPTION.— 

14 ‘‘(i) IN GENERAL.—Subparagraph (A) 

15 shall not apply in a criminal prosecution. 

16 ‘‘(ii) USE AS EVIDENCE.—Nothing in 

17 this paragraph may be construed to limit 

18 the use in the prosecution of a Federal 

19 crime, in a manner otherwise consistent 

20 with Federal criminal law and procedure, 

21 of evidence relating to the employer’s fail22 ure to comply with requirements of the 

23 System. 

24 ‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE

25 SYSTEM.— 


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1 ‘‘(A) IN GENERAL.—An employer partici2 pating in the System shall register such partici3 pation with the Secretary and, when hiring any 

4 individual for employment in the United States, 

5 shall comply with the following: 

6 ‘‘(i) REGISTRATION OF EMPLOYERS.— 

7 The Secretary, through notice in the Fed8 eral Register, shall prescribe procedures 

9 that employers shall be required to follow 

10 to register with the System. 

11 ‘‘(ii) UPDATING INFORMATION.—The 

12 employer is responsible for providing notice 

13 of any change to the information required 

14 under subclauses (I), (II), and (III) of 

15 clause (v) before conducting any further 

16 inquiries within the System, or on such 

17 other schedule as the Secretary may pre18 scribe. 

19 ‘‘(iii) TRAINING.—The Secretary shall 

20 require employers to undergo such training 

21 as the Secretary determines to be nec22 essary to ensure proper use, protection of 

23 civil rights and civil liberties, privacy, in24 tegrity, and security of the System. To the 

25 extent practicable, such training shall be 


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1 made available electronically on the U.S. 

2 Citizenship and Immigration Services’ 

3 website. 

4 ‘‘(iv) NOTIFICATION TO EMPLOY5 EES.—The employer shall inform individ6 uals hired for employment that the Sys7 tem— 

8 ‘‘(I) will be used by the employer; 

9 ‘‘(II) may be used for immigra10 tion enforcement purposes; and 

11 ‘‘(III) may not be used to dis12 criminate or to take adverse action 

13 against a national of the United 

14 States or an alien who has employ15 ment authorized status. 

16 ‘‘(v) PROVISION OF ADDITIONAL IN17 FORMATION.—The employer shall obtain 

18 from the individual (and the individual 

19 shall provide) and shall record in such 

20 manner as the Secretary may specify— 

21 ‘‘(I) the individual’s social secu22 rity account number; 

23 ‘‘(II) if the individual does not 

24 attest to United States citizenship or 

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1 section (c)(2), such identification or 

2 authorization number established by 

3 the Department as the Secretary shall 

4 specify; and 

5 ‘‘(III) such other information as 

6 the Secretary may require to deter7 mine the identity and employment au8 thorization of an individual. 

9 ‘‘(vi) PRESENTATION OF DOCUMENTA10 TION.—The employer, and the individual 

11 whose identity and employment authorized 

12 status are being confirmed, shall fulfill the 

13 requirements under subsection (c). 

14 ‘‘(B) SEEKING CONFIRMATION.— 

15 ‘‘(i) IN GENERAL.—An employer shall 

16 use the System to confirm the identity and 

17 employment authorized status of any indi18 vidual during— 

19 ‘‘(I) the period beginning on the 

20 date on which the individual accepts 

21 an offer of employment and ending 3 

22 business days after the date on which 

23 employment begins; or 

24 ‘‘(II) such other reasonable pe25 riod as the Secretary may prescribe. 


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1 ‘‘(ii) LIMITATION.—An employer may 

2 not make the starting date of an individ3 ual’s employment or training or any other 

4 term and condition of employment depend5 ent on the receipt of a confirmation of 

6 identity and employment authorized status 

7 by the System. 

8 ‘‘(iii) REVERIFICATION.—If an indi9 vidual has a limited period of employment 

10 authorized status, the individual’s em11 ployer shall reverify such status through 

12 the System not later than 3 business days 

13 after the last day of such period. 

14 ‘‘(iv) OTHER EMPLOYMENT.—For em15 ployers directed by the Secretary to par16 ticipate in the System under paragraph 

17 (2)(C)(i) to protect critical infrastructure 

18 or otherwise specified circumstances in this 

19 section to verify their entire workforce, the 

20 System may be used for initial verification 

21 of an individual who was hired before the 

22 employer became subject to the System, 

23 and the employer shall initiate all required 

24 procedures on or before such date as the 

25 Secretary shall specify. 


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1 ‘‘(v) NOTIFICATION.— 

2 ‘‘(I) IN GENERAL.—The Sec3 retary shall provide, and the employer 

4 shall utilize, as part of the System, a 

5 method of notifying employers of a 

6 confirmation or nonconfirmation of an 

7 individual’s identity and employment 

8 authorized status, or a notice that 

9 further action is required to verify 

10 such identity or employment eligibility 

11 (referred to in this subsection as a 

12 ‘further action notice’). 

13 ‘‘(II) PROCEDURES.—The Sec14 retary shall establish procedures— 

15 ‘‘(aa) to directly notify the 

16 individual and the employer of a 

17 confirmation, nonconfirmation, or 

18 further action notice; and 

19 ‘‘(bb) to provide information 

20 about filing an administrative ap21 peal under paragraph (6) and a 

22 hearing before an administrative 

23 law judge under paragraph (7). 

24 ‘‘(III) IMPLEMENTATION.—The 

25 Secretary may provide for a phased-in 


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1 implementation of the notification re2 quirements under this clause, as ap3 propriate. The notification system 

4 shall cover all inquiries not later than 

5 1 year from the date of the enactment 

6 of the Border Security, Economic Op7 portunity, and Immigration Mod8 ernization Act. 

9 ‘‘(C) CONFIRMATION OR NONCONFIRMA10 TION.— 

11 ‘‘(i) INITIAL RESPONSE.— 

12 ‘‘(I) IN GENERAL.—Except as 

13 provided in subclause (II), the System 

14 shall provide— 

15 ‘‘(aa) a confirmation of an 

16 individual’s identity and employ17 ment authorized status or a fur18 ther action notice at the time of 

19 the inquiry; and 

20 ‘‘(bb) an appropriate code 

21 indicating such confirmation or 

22 such further action notice. 

23 ‘‘(II) ALTERNATIVE DEAD24 LINE.—If the System is unable to 

25 provide immediate confirmation or 


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1 further action notice for technological 

2 reasons or due to unforeseen cir3 cumstances, the System shall provide 

4 a confirmation or further action notice 

5 not later than 3 business days after 

6 the initial inquiry. 

7 ‘‘(ii) CONFIRMATION UPON INITIAL

8 INQUIRY.—If the employer receives an ap9 propriate confirmation of an individual’s 

10 identity and employment authorized status 

11 under the System, the employer shall 

12 record the confirmation in such manner as 

13 the Secretary may specify. 

14 ‘‘(iii) FURTHER ACTION NOTICE AND

15 LATER CONFIRMATION OR NONCONFIRMA16 TION.— 

17 ‘‘(I) NOTIFICATION AND AC18 KNOWLEDGMENT THAT FURTHER AC19 TION IS REQUIRED.—Not later than 3 

20 business days after an employer re21 ceives a further action notice of an in22 dividual’s identity or employment eli23 gibility under the System, or during 

24 such other reasonable time as the Sec25 retary may prescribe, the employer 


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1 shall notify the individual for whom 

2 the confirmation is sought of the fur3 ther action notice and any procedures 

4 specified by the Secretary for address5 ing such notice. The further action 

6 notice shall be given to the individual 

7 in writing and the employer shall ac8 knowledge in the System under pen9 alty of perjury that it provided the 

10 employee with the further action no11 tice. The individual shall affirmatively 

12 acknowledge in writing, or in such 

13 other manner as the Secretary may 

14 specify, the receipt of the further ac15 tion notice from the employer. If the 

16 individual refuses to acknowledge the 

17 receipt of the further action notice, or 

18 acknowledges in writing that the indi19 vidual will not contest the further ac20 tion notice under subclause (II), the 

21 employer shall notify the Secretary in 

22 such manner as the Secretary may 

23 specify. 

24 ‘‘(II) CONTEST.—Not later than 

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1 fication of a further action notice 

2 under subclause (I), the individual 

3 shall contact the appropriate Federal 

4 agency and, if the Secretary so re5 quires, appear in person for purposes 

6 of verifying the individual’s identity 

7 and employment eligibility. The Sec8 retary, in consultation with the Com9 missioner and other appropriate Fed10 eral agencies, shall specify an avail11 able secondary verification procedure 

12 to confirm the validity of information 

13 provided and to provide a confirma14 tion or nonconfirmation. Any proce15 dures for reexamination shall not limit 

16 in any way an employee’s right to ap17 peal a nonconfirmation. 

18 ‘‘(III) NO CONTEST.—If the indi19 vidual refuses to acknowledge receipt 

20 of the further action notice, acknowl21 edges that the individual will not con22 test the further action notice as pro23 vided in subclause (I), or does not 

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1 clause (II), following expiration of the 

2 period specified in subclause (II), a 

3 nonconfirmation shall be issued. The 

4 employer shall record the noncon5 firmation in such manner as the Sec6 retary may specify and terminate the 

7 individual’s employment. An individ8 ual’s failure to contest a further ac9 tion notice shall not be considered an 

10 admission of guilt with respect to any 

11 violation of this section or any provi12 sion of law. 

13 ‘‘(IV) CONFIRMATION OR NON14 CONFIRMATION.—Unless the period is 

15 extended in accordance with this sub16 clause, the System shall provide a 

17 confirmation or nonconfirmation not 

18 later than 10 business days after the 

19 date on which the individual contests 

20 the further action notice under sub21 clause (II). If the Secretary deter22 mines that good cause exists, after 

23 taking into account adverse impacts 

24 to the employer, and including time to 

25 permit the individual to obtain and 


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1 provide needed evidence of identity or 

2 employment eligibility, the Secretary 

3 shall extend the period for providing 

4 confirmation or nonconfirmation for 

5 stated periods beyond 10 business 

6 days. When confirmation or noncon7 firmation is provided, the confirma8 tion system shall provide an appro9 priate code indicating such confirma10 tion or nonconfirmation. 

11 ‘‘(V) REEXAMINATION.—Nothing 

12 in this section shall prevent the Sec13 retary from establishing procedures to 

14 reexamine a case where a confirma15 tion or nonconfirmation has been pro16 vided if subsequently received infor17 mation indicates that the confirmation 

18 or nonconfirmation may not have been 

19 correct. Any procedures for reexam20 ination shall not limit in any way an 

21 employee’s right to appeal a noncon22 firmation. 

23 ‘‘(VI) EMPLOYEE PROTEC24 TIONS.—An employer may not termi25 nate employment or take any other 


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1 adverse action against an individual 

2 solely because of a failure of the indi3 vidual to have identity and employ4 ment eligibility confirmed under this 

5 subsection until— 

6 ‘‘(aa) a nonconfirmation has 

7 been issued; 

8 ‘‘(bb) if the further action 

9 notice was contested, the period 

10 to timely file an administrative 

11 appeal has expired without an 

12 appeal; or 

13 ‘‘(cc) if an administrative 

14 appeal has been filed, the non15 confirmation has been upheld. 

16 ‘‘(iv) NOTICE OF NONCONFIRMA17 TION.—Not later than 3 business days 

18 after an employer receives a nonconfirma19 tion, or during such other reasonable time 

20 as the Secretary may provide, the employer 

21 shall notify the individual who is the sub22 ject of the nonconfirmation, and provide 

23 information about filing an administrative 

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1 tive law judge pursuant to paragraph (7). 

2 The nonconfirmation notice shall be given 

3 to the individual in writing and the em4 ployer shall acknowledge in the System 

5 under penalty of perjury that it provided 

6 the notice (or adequately attempted to pro7 vide notice, but was unable to do so despite 

8 reasonable efforts). The individual shall af9 firmatively acknowledge in writing, or in 

10 such other manner as the Secretary may 

11 prescribe, the receipt of the nonconfirma12 tion notice from the employer. If the indi13 vidual refuses or fails to acknowledge the 

14 receipt of the nonconfirmation notice, the 

15 employer shall notify the Secretary in such 

16 manner as the Secretary may prescribe. 

17 ‘‘(D) CONSEQUENCES OF NONCONFIRMA18 TION.— 

19 ‘‘(i) TERMINATION OF CONTINUED

20 EMPLOYMENT.—Except as provided in 

21 clause (iii), an employer that has received 

22 a nonconfirmation regarding an individual 

23 and has made reasonable efforts to notify 

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1 ment of the individual upon the expiration 

2 of the time period specified in paragraph 

3 (6)(A) for filing an administrative appeal 

4 and paragraph (7)(A) for requesting a 

5 hearing before an administrative law judge. 

6 ‘‘(ii) CONTINUED EMPLOYMENT

7 AFTER NONCONFIRMATION.—If the em8 ployer continues to employ an individual 

9 after receiving nonconfirmation and ex10 haustion of all appeals or expiration of all 

11 rights to appeal if not appealed, in viola12 tion of clause (i), a rebuttable presumption 

13 is created that the employer has violated 

14 paragraphs (1)(A) and (2) of subsection 

15 (a). Such presumption shall not apply in 

16 any prosecution under subsection (k)(1). 

17 ‘‘(iii) EFFECT OF ADMINISTRATIVE

18 APPEAL OR REVIEW BY ADMINISTRATIVE

19 LAW JUDGE.—If an individual files an ad20 ministrative appeal of the nonconfirmation 

21 within the time period specified in para22 graph (6)(A), or review by an administra23 tive law judge specified in paragraph 

24 (7)(A), the employer shall not terminate 

25 the individual’s employment under this 


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1 subparagraph prior to the resolution of the 

2 administrative appeal unless the Secretary 

3 or Commissioner terminates the stay under 

4 paragraph (6)(B) or (7)(B). 

5 ‘‘(E) OBLIGATION TO RESPOND TO QUE6 RIES AND ADDITIONAL INFORMATION.— 

7 ‘‘(i) IN GENERAL.—Employers shall 

8 comply with requests for information from 

9 the Secretary and the Special Counsel for 

10 Immigration-Related Unfair Employment 

11 Practices of the Department of Justice, in12 cluding queries concerning current and 

13 former employees, within the time frame 

14 during which records are required to be 

15 maintained under this section regarding 

16 such former employees, if such information 

17 relates to the functioning of the System, 

18 the accuracy of the responses provided by 

19 the System, or any suspected misuse, dis20 crimination, fraud, or identity theft in the 

21 use of the System. Failure to comply with 

22 a request under this clause constitutes a 

23 violation of subsection (a)(1)(B). 

24 ‘‘(ii) ACTION BY INDIVIDUALS.— 


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1 ‘‘(I) IN GENERAL.—Individuals 

2 being verified through the System 

3 may be required to take further action 

4 to address questions identified by the 

5 Secretary or the Commissioner re6 garding the documents relied upon for 

7 purposes of subsection (c). 

8 ‘‘(II) NOTIFICATION.—Not later 

9 than 3 business days after the receipt 

10 of such questions regarding an indi11 vidual, or during such other reason12 able time as the Secretary may pre13 scribe, the employer shall— 

14 ‘‘(aa) notify the individual of 

15 any such requirement for further 

16 actions; and 

17 ‘‘(bb) shall record the date 

18 and manner of such notification. 

19 ‘‘(III) ACKNOWLEDGMENT.—The 

20 individual shall acknowledge the noti21 fication received from the employer 

22 under subclause (II) in writing, or in 

23 such other manner as the Secretary 

24 may prescribe. 

25 ‘‘(iii) RULEMAKING.— 


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1 ‘‘(I) IN GENERAL.—The Sec2 retary, in consultation with the Com3 missioner, is authorized to issue regu4 lations implementing, clarifying, and 

5 supplementing the requirements under 

6 this subparagraph— 

7 ‘‘(aa) to facilitate the func8 tioning, accuracy, and fairness of 

9 the System; or 

10 ‘‘(bb) to prevent misuse, dis11 crimination, fraud, or identity 

12 theft in the use of the System. 

13 ‘‘(II) NOTICE.—The regulations 

14 issued under subclause (I)— 

15 ‘‘(aa) shall be published in 

16 the Federal Register; and 

17 ‘‘(bb) provide directly to all 

18 employers registered in the Sys19 tem. 

20 ‘‘(F) DESIGNATED AGENTS.—The Sec21 retary shall establish a process— 

22 ‘‘(i) for certifying, on an annual basis 

23 or at such times as the Secretary may pre24 scribe, designated agents and other System 

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1 tem to perform verification queries on be2 half of employers, based upon training, 

3 usage, privacy, and security standards pre4 scribed by the Secretary; and 

5 ‘‘(ii) for ensuring that designated 

6 agents and other System service providers 

7 are subject to monitoring to the same ex8 tent as direct access users. 

9 ‘‘(G) REQUIREMENT TO PROVIDE INFOR10 MATION.— 

11 ‘‘(i) IN GENERAL.—No later than 3 

12 months after the date of the enactment of 

13 the Border Security, Economic Oppor14 tunity, and Immigration Modernization 

15 Act, the Secretary, in consultation with the 

16 Secretary of Labor, the Secretary of Agri17 culture, the Commissioner, the Attorney 

18 General, the Equal Employment Oppor19 tunity Commission, and the Administrator 

20 of the Small Business Administration, 

21 shall commence a campaign to disseminate 

22 information respecting the procedures, 

23 rights, and remedies prescribed under this 

24 section. 


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1 ‘‘(ii) CAMPAIGN REQUIREMENTS.— 

2 The campaign authorized under clause 

3 (i)— 

4 ‘‘(I) shall be aimed at increasing 

5 the knowledge of employers, employ6 ees, and the general public concerning 

7 employer and employee rights, respon8 sibilities, and remedies under this sec9 tion; and 

10 ‘‘(II) shall be coordinated with 

11 the public education campaign con12 ducted by U.S. Citizenship and Immi13 gration Services. 

14 ‘‘(iii) ASSESSMENT.—The Secretary 

15 shall assess the success of the campaign in 

16 achieving the goals of the campaign. 

17 ‘‘(iv) AUTHORITY TO CONTRACT.—In 

18 order to carry out and assess the campaign 

19 under this subparagraph, the Secretary 

20 may, to the extent deemed appropriate and 

21 subject to the availability of appropria22 tions, contract with public and private or23 ganizations for outreach and assessment 

24 activities under the campaign. 


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1 ‘‘(v) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appro3 priated to carry out this paragraph 

4 $40,000,000 for each of the fiscal years 

5 2014 through 2016. 

6 ‘‘(H) AUTHORITY TO MODIFY INFORMA7 TION REQUIREMENTS.—Based on a regular re8 view of the System and the document 

9 verification procedures to identify misuse or 

10 fraudulent use and to assess the security of the 

11 documents and processes used to establish iden12 tity or employment authorized status, the Sec13 retary, in consultation with the Commissioner, 

14 after publication of notice in the Federal Reg15 ister and an opportunity for public comment, 

16 may modify, if the Secretary determines that 

17 the modification is necessary to ensure that the 

18 System accurately and reliably determines the 

19 identity and employment authorized status of 

20 employees and maintain existing protections 

21 against misuse, discrimination, fraud, and iden22 tity theft— 

23 ‘‘(i) the information that shall be pre24 sented to the employer by a worker indi25 vidual; 


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1 ‘‘(ii) the information that shall be pro2 vided to the System by the employer; and 

3 ‘‘(iii) the procedures that shall be fol4 lowed by employers with respect to the 

5 process of verifying an individual through 

6 the System. 

7 ‘‘(I) SELF-VERIFICATION.—Subject to ap8 propriate safeguards to prevent misuse of the 

9 system, the Secretary, in consultation with the 

10 Commissioner, shall establish a secure self11 verification procedure to permit an individual 

12 who seeks to verify the individual’s own employ13 ment eligibility to contact the appropriate agen14 cy and, in a timely manner, correct or update 

15 the information contained in the System. 

16 ‘‘(5) PROTECTION FROM LIABILITY FOR AC17 TIONS TAKEN ON THE BASIS OF INFORMATION PRO18 VIDED BY THE SYSTEM.—An employer shall not be 

19 liable to a job applicant, an employee, the Federal 

20 Government, or a State or local government, under 

21 Federal, State, or local criminal or civil law for any 

22 employment-related action taken with respect to a 

23 job applicant or employee in good-faith reliance on 

24 information provided by the System. 

25 ‘‘(6) ADMINISTRATIVE APPEAL.— 


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1 ‘‘(A) IN GENERAL.—An individual who is 

2 notified of a nonconfirmation may, not later 

3 than 10 business days after the date that such 

4 notice is received, file an administrative appeal 

5 of such nonconfirmation with the Commissioner 

6 if the notice is based on records maintained by 

7 the Commissioner, or in any other case, with 

8 the Secretary. An individual who did not timely 

9 contest a further action notice timely received 

10 by that individual for which the individual ac11 knowledged receipt may not be granted a review 

12 under this paragraph. 

13 ‘‘(B) ADMINISTRATIVE STAY OF NONCON14 FIRMATION.—The nonconfirmation shall be 

15 automatically stayed upon the timely filing of 

16 an administrative appeal, unless the noncon17 firmation resulted after the individual acknowl18 edged receipt of the further action notice but 

19 failed to contact the appropriate agency within 

20 the time provided. The stay shall remain in ef21 fect until the resolution of the appeal, unless 

22 the Secretary or the Commissioner terminates 

23 the stay based on a determination that the ad24 ministrative appeal is frivolous or filed for pur25 poses of delay. 


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1 ‘‘(C) REVIEW FOR ERROR.—The Secretary 

2 and the Commissioner shall develop procedures 

3 for resolving administrative appeals regarding 

4 nonconfirmations based upon the information 

5 that the individual has provided, including any 

6 additional evidence or argument that was not 

7 previously considered. Any such additional evi8 dence or argument shall be filed within 10 busi9 ness days of the date the appeal was originally 

10 filed. Appeals shall be resolved within 20 busi11 ness days after the individual has submitted all 

12 evidence and arguments the individual wishes to 

13 submit, or has stated in writing that there is no 

14 additional evidence that the individual wishes to 

15 submit. The Secretary and the Commissioner 

16 may, on a case by case basis for good cause, ex17 tend the filing and submission period in order 

18 to ensure accurate resolution of an appeal be19 fore the Secretary or the Commissioner. 

20 ‘‘(D) PREPONDERANCE OF EVIDENCE.— 

21 Administrative appeal under this paragraph 

22 shall be limited to whether a nonconfirmation 

23 notice is supported by a preponderance of the 

24 evidence. 


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1 ‘‘(E) DAMAGES, FEES, AND COSTS.—No 

2 money damages, fees or costs may be awarded 

3 in the administrative appeal process under this 

4 paragraph. 

5 ‘‘(7) REVIEW BY ADMINISTRATIVE LAW

6 JUDGE.— 

7 ‘‘(A) IN GENERAL.—Not later than 30 

8 days after the date an individual receives a final 

9 determination on an administrative appeal 

10 under paragraph (6), the individual may obtain 

11 review of such determination by filing a com12 plaint with an administrative law judge in ac13 cordance with this paragraph. 

14 ‘‘(B) STAY OF NONCONFIRMATION.—The 

15 nonconfirmation related to such final deter16 mination shall be automatically stayed upon the 

17 timely filing of a complaint under this para18 graph, and the stay shall remain in effect until 

19 the resolution of the complaint, unless the ad20 ministrative law judge determines that the ac21 tion is frivolous or filed for purposes of delay. 

22 ‘‘(C) SERVICE.—The respondent to com23 plaint filed under this paragraph is either the 

24 Secretary or the Commissioner, but not both, 

25 depending upon who issued the administrative 


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1 order under paragraph (6). In addition to serv2 ing the respondent, the plaintiff shall serve the 

3 Attorney General. 

4 ‘‘(D) AUTHORITY OF ADMINISTRATIVE

5 LAW JUDGE.— 

6 ‘‘(i) RULES OF PRACTICE.—The Sec7 retary shall promulgate regulations regard8 ing the rules of practice in appeals brought 

9 pursuant to this subsection. 

10 ‘‘(ii) AUTHORITY OF ADMINISTRATIVE

11 LAW JUDGE.—The administrative law 

12 judge shall have power to— 

13 ‘‘(I) terminate a stay of a non14 confirmation under subparagraph (B) 

15 if the administrative law judge deter16 mines that the action is frivolous or 

17 filed for purposes of delay; 

18 ‘‘(II) adduce evidence at a hear19 ing; 

20 ‘‘(III) compel by subpoena the 

21 attendance of witnesses and the pro22 duction of evidence at any designated 

23 place or hearing; 

24 ‘‘(IV) resolve claims of identity 

25 theft; and 


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1 ‘‘(V) enter, upon the pleadings 

2 and any evidence adduced at a hear3 ing, a decision affirming or reversing 

4 the result of the agency, with or with5 out remanding the cause for a rehear6 ing. 

7 ‘‘(iii) SUBPOENA.—In case of contu8 macy or refusal to obey a subpoena law9 fully issued under this section and upon 

10 application of the administrative law judge, 

11 an appropriate district court of the United 

12 States may issue an order requiring com13 pliance with such subpoena and any failure 

14 to obey such order may be punished by 

15 such court as a contempt of such court. 

16 ‘‘(iv) TRAINING.—An administrative 

17 law judge hearing cases shall have special 

18 training respecting employment authorized 

19 status verification. 

20 ‘‘(E) ORDER BY ADMINISTRATIVE LAW

21 JUDGE.— 

22 ‘‘(i) IN GENERAL.—The administra23 tive law judge shall issue and cause to be 

24 served to the parties in the proceeding an 


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1 order which may be appealed as provided 

2 in subparagraph (G). 

3 ‘‘(ii) CONTENTS OF ORDER.—Such an 

4 order shall uphold or reverse the final de5 termination on the request for reconsider6 ation and order lost wages and other ap7 propriate remedies as provided in subpara8 graph (F). 

9 ‘‘(F) COMPENSATION FOR ERROR.— 

10 ‘‘(i) IN GENERAL.—In cases in which 

11 the administrative law judge reverses the 

12 final determination of the Secretary or the 

13 Commissioner made under paragraph (6), 

14 and the administrative law judge finds 

15 that— 

16 ‘‘(I) the nonconfirmation was due 

17 to gross negligence or intentional mis18 conduct of the employer, the adminis19 trative law judge may order the em20 ployer to pay the individual lost 

21 wages, and reasonable costs and attor22 neys’ fees incurred during administra23 tive and judicial review; or 

24 ‘‘(II) such final determination 

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1 ligence of the Secretary or the Com2 missioner, the administrative law 

3 judge may order the Secretary or the 

4 Commissioner to pay the individual 

5 lost wages, and reasonable costs and 

6 attorneys’ fees incurred during admin7 istrative and judicial review. 

8 ‘‘(ii) CALCULATION OF LOST

9 WAGES.—Lost wages shall be calculated 

10 based on the wage rate and work schedule 

11 that prevailed prior to termination. The in12 dividual shall be compensated for wages 

13 lost beginning on the first scheduled work 

14 day after employment was terminated and 

15 ending 120 days after completion of the 

16 administrative law judge’s review described 

17 in this paragraph or the day after the indi18 vidual is reinstated or obtains employment 

19 elsewhere, whichever occurs first. If the in20 dividual obtains employment elsewhere at a 

21 lower wage rate, the individual shall be 

22 compensated for the difference in wages 

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1 ed for any period of time during which the 

2 individual was not in employment author3 ized status. 

4 ‘‘(iii) PAYMENT OF COMPENSATION.— 

5 Notwithstanding any other law, payment of 

6 compensation for lost wages, costs, and at7 torneys’ fees under this paragraph, or com8 promise settlements of the same, shall be 

9 made as provided by section 1304 of title 

10 31, United States Code. Appropriations 

11 made available to the Secretary or the 

12 Commissioner, accounts provided for under 

13 section 286, and funds from the Federal 

14 Old-Age and Survivors Insurance Trust 

15 Fund or the Federal Disability Insurance 

16 Trust Fund shall not be available to pay 

17 such compensation. 

18 ‘‘(G) APPEAL.—No later than 45 days 

19 after the entry of such final order, any person 

20 adversely affected by such final order may seek 

21 review of such order in the United States Court 

22 of Appeals for the circuit in which the violation 

23 is alleged to have occurred or in which the em24 ployer resides or transacts business. 

25 ‘‘(8) MANAGEMENT OF THE SYSTEM.— 


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1 ‘‘(A) IN GENERAL.—The Secretary is au2 thorized to establish, manage, and modify the 

3 System, which shall— 

4 ‘‘(i) respond to inquiries made by par5 ticipating employers at any time through 

6 the internet, or such other means as the 

7 Secretary may designate, concerning an in8 dividual’s identity and whether the indi9 vidual is in employment authorized status; 

10 ‘‘(ii) maintain records of the inquiries 

11 that were made, of confirmations provided 

12 (or not provided), and of the codes pro13 vided to employers as evidence of their 

14 compliance with their obligations under the 

15 System; and 

16 ‘‘(iii) provide information to, and re17 quire action by, employers and individuals 

18 using the System. 

19 ‘‘(B) DESIGN AND OPERATION OF SYS20 TEM.—The System shall be designed and oper21 ated— 

22 ‘‘(i) to maximize its reliability and 

23 ease of use by employers consistent with 

24 protecting the privacy and security of the 


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1 underlying information, and ensuring full 

2 notice of such use to employees; 

3 ‘‘(ii) to maximize its ease of use by 

4 employees, including direct notification of 

5 its use, of results, and ability to challenge 

6 results; 

7 ‘‘(iii) to respond accurately to all in8 quiries made by employers on whether in9 dividuals are authorized to be employed 

10 and to register any times when the system 

11 is unable to receive inquiries; 

12 ‘‘(iv) to maintain appropriate adminis13 trative, technical, and physical safeguards 

14 to prevent unauthorized disclosure of per15 sonal information, misuse by employers 

16 and employees, and discrimination; 

17 ‘‘(v) to require regularly scheduled re18 fresher training of all users of the System 

19 to ensure compliance with all procedures; 

20 ‘‘(vi) to allow for auditing of the use 

21 of the System to detect misuse, discrimina22 tion, fraud, and identity theft, and to pre23 serve the integrity and security of the in24 formation in all of the System, including— 


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1 ‘‘(I) to develop and use tools and 

2 processes to detect or prevent fraud 

3 and identity theft, such as multiple 

4 uses of the same identifying informa5 tion or documents to fraudulently gain 

6 employment; 

7 ‘‘(II) to develop and use tools 

8 and processes to detect and prevent 

9 misuse of the system by employers 

10 and employees; 

11 ‘‘(III) to develop tools and proc12 esses to detect anomalies in the use of 

13 the system that may indicate potential 

14 fraud or misuse of the system; 

15 ‘‘(IV) to audit documents and in16 formation submitted by employees to 

17 employers, including authority to con18 duct interviews with employers and 

19 employees, and obtain information 

20 concerning employment from the em21 ployer; 

22 ‘‘(vii) to confirm identity and employ23 ment authorization through verification 

24 and comparison of records as determined 

25 necessary by the Secretary; 


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1 ‘‘(viii) to confirm electronically the 

2 issuance of the employment authorization 

3 or identity document and— 

4 ‘‘(I) if such photograph is avail5 able, to display the digital photograph 

6 that the issuer placed on the docu7 ment so that the employer can com8 pare the photograph displayed to the 

9 photograph on the document pre10 sented by the employee; or 

11 ‘‘(II) if a photograph is not avail12 able from the issuer, to confirm the 

13 authenticity of the document using 

14 such alternative procedures as the 

15 Secretary may specify; and 

16 ‘‘(ix) to provide appropriate notifica17 tion directly to employers registered with 

18 the System of all changes made by the 

19 Secretary or the Commissioner related to 

20 allowed and prohibited documents, and use 

21 of the System. 

22 ‘‘(C) SAFEGUARDS TO THE SYSTEM.— 

23 ‘‘(i) REQUIREMENT TO DEVELOP.— 

24 The Secretary, in consultation with the 

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1 eral and State agencies, shall develop poli2 cies and procedures to ensure protection of 

3 the privacy and security of personally iden4 tifiable information and identifiers con5 tained in the records accessed or main6 tained by the System. The Secretary, in 

7 consultation with the Commissioner and 

8 other appropriate Federal and State agen9 cies, shall develop and deploy appropriate 

10 privacy and security training for the Fed11 eral and State employees accessing the 

12 records under the System. 

13 ‘‘(ii) PRIVACY AUDITS.—The Sec14 retary, acting through the Chief Privacy 

15 Officer of the Department, shall conduct 

16 regular privacy audits of the policies and 

17 procedures established under clause (i), in18 cluding any collection, use, dissemination, 

19 and maintenance of personally identifiable 

20 information and any associated informa21 tion technology systems, as well as scope of 

22 requests for this information. The Chief 

23 Privacy Officer shall review the results of 

24 the audits and recommend to the Secretary 


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1 any changes necessary to improve the pri2 vacy protections of the program. 

3 ‘‘(iii) RECORDS SECURITY PRO4 GRAM.—Any person, including a private 

5 third party vendor, who retains document 

6 verification or System data pursuant to 

7 this section shall implement an effective 

8 records security program that— 

9 ‘‘(I) ensures that only authorized 

10 personnel have access to document 

11 verification or System data; and 

12 ‘‘(II) ensures that whenever such 

13 data is created, completed, updated, 

14 modified, altered, or corrected in elec15 tronic format, a secure and perma16 nent record is created that establishes 

17 the date of access, the identity of the 

18 individual who accessed the electronic 

19 record, and the particular action 

20 taken. 

21 ‘‘(iv) RECORDS SECURITY PRO22 GRAM.—In addition to the security meas23 ures described in clause (iii), a private 

24 third party vendor who retains document 

25 verification or System data pursuant to 


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1 this section shall implement an effective 

2 records security program that— 

3 ‘‘(I) provides for backup and re4 covery of any records maintained in 

5 electronic format to protect against 

6 information loss, such as power inter7 ruptions; and 

8 ‘‘(II) ensures that employees are 

9 trained to minimize the risk of unau10 thorized or accidental alteration or 

11 erasure of such data in electronic for12 mat. 

13 ‘‘(v) AUTHORIZED PERSONNEL DE14 FINED.—In this subparagraph, the term 

15 ‘authorized personnel’ means anyone reg16 istered as a System user, or anyone with 

17 partial or full responsibility for completion 

18 of employment authorization verification or 

19 retention of data in connection with em20 ployment authorization verification on be21 half of an employer. 

22 ‘‘(D) RESPONSIBILITIES OF THE SEC23 RETARY.— 

24 ‘‘(i) IN GENERAL.—As part of the 

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1 liable, secure method, which, operating 

2 through the System and within the time 

3 periods specified, compares the name, alien 

4 identification or authorization number, or 

5 other information as determined relevant 

6 by the Secretary, provided in an inquiry 

7 against such information maintained or 

8 accessed by the Secretary in order to con9 firm (or not confirm) the validity of the in10 formation provided, the correspondence of 

11 the name and number, whether the alien 

12 has employment authorized status (or, to 

13 the extent that the Secretary determines to 

14 be feasible and appropriate, whether the 

15 records available to the Secretary verify 

16 the identity or status of a national of the 

17 United States), and such other information 

18 as the Secretary may prescribe. 

19 ‘‘(ii) PHOTOGRAPH DISPLAY.—As part 

20 of the System, the Secretary shall establish 

21 a reliable, secure method, which, operating 

22 through the System, displays the digital 

23 photograph described in subparagraph 

24 (B)(viii)(I). 


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1 ‘‘(iii) TIMING OF NOTICES.—The Sec2 retary shall have authority to prescribe 

3 when a confirmation, nonconfirmation, or 

4 further action notice shall be issued. 

5 ‘‘(iv) USE OF INFORMATION.—The 

6 Secretary shall perform regular audits 

7 under the System, as described in subpara8 graph (B)(vi) and shall utilize the informa9 tion obtained from such audits, as well as 

10 any information obtained from the Com11 missioner pursuant to part E of title XI of 

12 the Social Security Act (42 U.S.C. 1301 et 

13 seq.), for the purposes of this section and 

14 to administer and enforce the immigration 

15 laws. 

16 ‘‘(v) AVAILABLE FACILITIES AND AL17 TERNATIVE ACCOMMODATIONS.—The Sec18 retary shall make appropriate arrange19 ments and develop standards to allow em20 ployers or employees, including remote 

21 hires, who are otherwise unable to access 

22 the System to use electronic and telephonic 

23 formats (including video conferencing, 

24 scanning technology, and other available 

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1 ties, public facilities, or other available lo2 cations in order to utilize the System. 

3 ‘‘(vi) IDENTITY FRAUD PROTEC4 TION.—To prevent identity fraud, not later 

5 than 18 months after the date of the en6 actment of the Border Security, Economic 

7 Opportunity, and Immigration Moderniza8 tion Act, the Secretary shall— 

9 ‘‘(I) in consultation with the 

10 Commissioner, establish a program to 

11 provide a reliable, secure method for 

12 an individual to temporarily suspend 

13 or limit the use of the individual’s so14 cial security account number or other 

15 identifying information for verification 

16 by the System; and 

17 ‘‘(II) for each individual being 

18 verified through the System— 

19 ‘‘(aa) notify the individual 

20 that the individual has the option 

21 to limit the use of the individ22 ual’s social security account num23 ber or other identifying informa24 tion for verification by the Sys25 tem; and 


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1 ‘‘(bb) provide instructions to 

2 the individuals for exercising the 

3 option referred to in item (aa). 

4 ‘‘(vii) PROTECTION FROM MULTIPLE

5 USE.—The Secretary and the Commis6 sioner shall establish a procedure for iden7 tifying and handling a situation in which a 

8 social security account number has been 

9 identified to be subject to unusual multiple 

10 use in the System or is otherwise suspected 

11 or determined to have been compromised 

12 by identity fraud. 

13 ‘‘(viii) MONITORING AND COMPLIANCE

14 UNIT.—The Secretary shall establish or 

15 designate a monitoring and compliance 

16 unit to detect and reduce identity fraud 

17 and other misuse of the System. 

18 ‘‘(ix) CIVIL RIGHTS AND CIVIL LIB19 ERTIES ASSESSMENTS.— 

20 ‘‘(I) REQUIREMENT TO CON21 DUCT.—The Secretary shall conduct 

22 regular civil rights and civil liberties 

23 assessments of the System, including 

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1 vate entities, and Federal, State, and 

2 local government entities. 

3 ‘‘(II) REQUIREMENT TO RE4 SPOND.—Employers, other private en5 tities, and Federal, State, and local 

6 entities shall timely respond to any re7 quest in connection with such an as8 sessment. 

9 ‘‘(III) ASSESSMENT AND REC10 OMMENDATIONS.—The Officer for 

11 Civil Rights and Civil Liberties of the 

12 Department shall review the results of 

13 each such assessment and recommend 

14 to the Secretary any changes nec15 essary to improve the civil rights and 

16 civil liberties protections of the Sys17 tem. 

18 ‘‘(E) GRANTS TO STATES.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 shall create and administer a grant pro21 gram to help provide funding for States 

22 that grant— 

23 ‘‘(I) the Secretary access to driv24 er’s license information as needed to 

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1 sented under subsection (c)(1)(C)(i) 

2 confirms the identity of the subject of 

3 the System check, and that a driver’s 

4 license matches the State’s records; 

5 and 

6 ‘‘(II) such assistance as the Sec7 retary may request in order to resolve 

8 further action notices or nonconfirma9 tions relating to such information. 

10 ‘‘(ii) CONSTRUCTION WITH THE DRIV11 ER’S PRIVACY PROTECTION ACT OF 1994.— 

12 The provision of a photograph to the Sec13 retary as described in clause (i) may not be 

14 construed as a violation of section 2721 of 

15 title 18, United States Code, and is a per16 missible use under subsection (b)(1) of 

17 that section. 

18 ‘‘(iii) AUTHORIZATION OF APPROPRIA19 TIONS.—There is authorized to be appro20 priated to the Secretary $250,000,000 to 

21 carry out this subparagraph. 

22 ‘‘(F) RESPONSIBILITIES OF THE SEC23 RETARY OF STATE.—As part of the System, the 

24 Secretary of State shall provide to the Sec25 retary access to passport and visa information 


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1 as needed to confirm that a passport, passport 

2 card, or visa presented under subsection 

3 (c)(1)(B) confirms the identity of the subject of 

4 the System check, and that a passport, passport 

5 card, or visa photograph matches the Secretary 

6 of State’s records, and shall provide such assist7 ance as the Secretary may request in order to 

8 resolve further action notices or nonconfirma9 tions relating to such information. 

10 ‘‘(G) UPDATING INFORMATION.—The 

11 Commissioner, the Secretary, and the Secretary 

12 of State shall update their information in a 

13 manner that promotes maximum accuracy and 

14 shall provide a process for the prompt correc15 tion of erroneous information. 

16 ‘‘(9) LIMITATION ON USE OF THE SYSTEM.— 

17 Notwithstanding any other provision of law, nothing 

18 in this subsection may be construed to permit or 

19 allow any department, bureau, or other agency of 

20 the United States Government or any other entity to 

21 utilize any information, database, or other records 

22 assembled under this subsection for any purpose 

23 other than for employment verification or to ensure 

24 secure, appropriate and nondiscriminatory use of the 

25 System. 


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1 ‘‘(10) ANNUAL REPORT AND CERTIFICATION.— 

2 Not later than 18 months after the promulgation of 

3 regulations to implement this subsection, and annu4 ally thereafter, the Secretary shall submit to Con5 gress a report that includes the following: 

6 ‘‘(A) An assessment of the accuracy rates 

7 of further action notices and other System no8 tices provided by employers to individuals who 

9 are authorized to be employed in the United 

10 States. 

11 ‘‘(B) An assessment of the accuracy rates 

12 of further action notices and other System no13 tices provided directly (by the System) in a 

14 timely fashion to individuals who are not au15 thorized to be employed in the United States. 

16 ‘‘(C) An assessment of any challenges 

17 faced by small employers in utilizing the Sys18 tem. 

19 ‘‘(D) An assessment of the rate of em20 ployer noncompliance (in addition to failure to 

21 provide required notices in a timely fashion) in 

22 each of the following categories: 

23 ‘‘(i) Taking adverse action based on a 

24 further action notice. 


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1 ‘‘(ii) Use of the System for non2 employees or other individuals before they 

3 are offered employment. 

4 ‘‘(iii) Use of the System to reverify 

5 employment authorized status of current 

6 employees except if authorized to do so. 

7 ‘‘(iv) Use of the System selectively, 

8 except in cases in which such use is au9 thorized. 

10 ‘‘(v) Use of the System to deny em11 ployment or post-employment benefits or 

12 otherwise interfere with labor rights. 

13 ‘‘(vi) Requiring employees or appli14 cants to use any self-verification feature or 

15 to provide self-verification results. 

16 ‘‘(vii) Discouraging individuals who 

17 receive a further action notice from chal18 lenging the further action notice or appeal19 ing a determination made by the System. 

20 ‘‘(E) An assessment of the rate of em21 ployee noncompliance in each of the following 

22 categories: 

23 ‘‘(i) Obtaining employment when un24 authorized with an employer complying 

25 with the System in good faith. 


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1 ‘‘(ii) Failure to provide required docu2 ments in a timely manner. 

3 ‘‘(iii) Attempting to use fraudulent 

4 documents or documents not related to the 

5 individual. 

6 ‘‘(iv) Misuse of the administrative ap7 peal and judicial review process. 

8 ‘‘(F) An assessment of the amount of time 

9 taken for— 

10 ‘‘(i) the System to provide the con11 firmation or further action notice; 

12 ‘‘(ii) individuals to contest further ac13 tion notices; 

14 ‘‘(iii) the System to provide a con15 firmation or nonconfirmation of a con16 tested further action notice; 

17 ‘‘(iv) individuals to file an administra18 tive appeal of a nonconfirmation; and 

19 ‘‘(v) resolving administrative appeals 

20 regarding nonconfirmations. 

21 ‘‘(11) ANNUAL GAO STUDY AND REPORT.— 

22 ‘‘(A) REQUIREMENT.—The Comptroller 

23 General shall, for each year, undertake a study 

24 to evaluate the accuracy, efficiency, integrity, 

25 and impact of the System. 


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1 ‘‘(B) REPORT.—Not later than 18 months 

2 after the promulgation of regulations to imple3 ment this subsection, and yearly thereafter, the 

4 Comptroller General shall submit to Congress a 

5 report containing the findings of the study car6 ried out under this paragraph. Each such re7 port shall include, at a minimum, the following: 

8 ‘‘(i) An assessment of System per9 formance with respect to the rate at which 

10 individuals who are eligible for employment 

11 in the United States are correctly approved 

12 within the required periods, including a 

13 separate assessment of such rate for na14 tionals and aliens. 

15 ‘‘(ii) An assessment of the privacy and 

16 confidentiality of the System and of the 

17 overall security of the System with respect 

18 to cybertheft and theft or misuse of private 

19 data. 

20 ‘‘(iii) An assessment of whether the 

21 System is being implemented in a manner 

22 that is not discriminatory or used for retal23 iation against employees. 

24 ‘‘(iv) An assessment of the most com25 mon causes for the erroneous issuance of 


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1 nonconfirmations by the System and rec2 ommendations to correct such causes. 

3 ‘‘(v) The recommendations of the 

4 Comptroller General regarding System im5 provements. 

6 ‘‘(vi) An assessment of the frequency 

7 and magnitude of changes made to the 

8 System and the impact on the ability for 

9 employers to comply in good faith. 

10 ‘‘(vii) An assessment of the direct and 

11 indirect costs incurred by employers in 

12 complying with the System, including costs 

13 associated with retaining potential employ14 ees through the administrative appeals 

15 process and receiving a nonconfirmation. 

16 ‘‘(viii) An assessment of any backlogs 

17 or delays in the System providing the con18 firmation or further action notice and im19 pacts to hiring by employers. 

20 ‘‘(e) COMPLIANCE.— 

21 ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 

22 Secretary shall establish procedures— 

23 ‘‘(A) for individuals and entities to file 

24 complaints respecting potential violations of 

25 subsections (a) or (f)(1); 


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1 ‘‘(B) for the investigation of those com2 plaints which the Secretary deems appropriate 

3 to investigate; and 

4 ‘‘(C) for providing notification to the Spe5 cial Counsel for Immigration-Related Unfair 

6 Employment Practices of the Department of 

7 Justice of potential violations of section 274B. 

8 ‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con9 ducting investigations and proceedings under this 

10 subsection— 

11 ‘‘(A) immigration officers shall have rea12 sonable access to examine evidence of the em13 ployer being investigated; 

14 ‘‘(B) immigration officers designated by 

15 the Secretary, and administrative law judges 

16 and other persons authorized to conduct pro17 ceedings under this section, may compel by sub18 poena the attendance of relevant witnesses and 

19 the production of relevant evidence at any des20 ignated place in an investigation or case under 

21 this subsection. In case of refusal to fully com22 ply with a subpoena lawfully issued under this 

23 paragraph, the Secretary may request that the 

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1 quiring compliance with the subpoena, and any 

2 failure to obey such order may be punished by 

3 the court as contempt. Failure to cooperate 

4 with the subpoena shall be subject to further 

5 penalties, including but not limited to further 

6 fines and the voiding of any mitigation of pen7 alties or termination of proceedings under para8 graph (4)(D); and 

9 ‘‘(C) the Secretary, in cooperation with the 

10 Commissioner and Attorney General, and in 

11 consultation with other relevant agencies, shall 

12 establish a Joint Employment Fraud Task 

13 Force consisting of, at a minimum— 

14 ‘‘(i) the System’s compliance per15 sonnel; 

16 ‘‘(ii) immigration law enforcement of17 ficers; 

18 ‘‘(iii) personnel of the Office of Spe19 cial Counsel for Immigration-Related Un20 fair Employment Practices of the Depart21 ment of Justice; 

22 ‘‘(iv) personnel of the Office for Civil 

23 Rights and Civil Liberties of the Depart24 ment; and 


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1 ‘‘(v) personnel of Office of Inspector 

2 General of the Social Security Administra3 tion. 

4 ‘‘(3) COMPLIANCE PROCEDURES.— 

5 ‘‘(A) PRE-PENALTY NOTICE.—If the Sec6 retary has reasonable cause to believe that 

7 there has been a civil violation of this section, 

8 the Secretary shall issue to the employer con9 cerned a written notice of the Department’s in10 tention to issue a claim for a monetary or other 

11 penalty. Such pre-penalty notice shall: 

12 ‘‘(i) describe the violation; 

13 ‘‘(ii) specify the laws and regulations 

14 allegedly violated; 

15 ‘‘(iii) disclose the material facts which 

16 establish the alleged violation; 

17 ‘‘(iv) describe the penalty sought to be 

18 imposed; and 

19 ‘‘(v) inform such employer that such 

20 employer shall have a reasonable oppor21 tunity to make representations as to why a 

22 monetary or other penalty should not be 

23 imposed. 

24 ‘‘(B) EMPLOYER’S RESPONSE.—Whenever 

25 any employer receives written pre-penalty notice 


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1 of a fine or other penalty in accordance with 

2 subparagraph (A), the employer may, within 60 

3 days from receipt of such notice, file with the 

4 Secretary its written response to the notice. 

5 The response may include any relevant evidence 

6 or proffer of evidence that the employer wishes 

7 to present with respect to whether the employer 

8 violated this section and whether, if so, the pen9 alty should be mitigated, and shall be filed and 

10 considered in accordance with procedures to be 

11 established by the Secretary. 

12 ‘‘(C) RIGHT TO A HEARING.—Before 

13 issuance of an order imposing a penalty on any 

14 employer, person, or entity, the employer, per15 son, or entity shall be entitled to a hearing be16 fore an administrative law judge, if requested 

17 within 60 days of the notice of penalty. The 

18 hearing shall be held at the nearest location 

19 practicable to the place where the employer, 

20 person, or entity resides or of the place where 

21 the alleged violation occurred. 

22 ‘‘(D) ISSUANCE OF ORDERS.—If no hear23 ing is so requested, the Secretary’s imposition 

24 of the order shall constitute a final and 

25 unappealable order. If a hearing is requested 


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1 and the administrative law judge determines, 

2 upon clear and convincing evidence received, 

3 that there was a violation, the administrative 

4 law judge shall issue the final determination 

5 with a written penalty claim. The penalty claim 

6 shall specify all charges in the information pro7 vided under clauses (i) through (iii) of subpara8 graph (A) and any mitigation of the penalty 

9 that the administrative law judge deems appro10 priate under paragraph (4)(D). 

11 ‘‘(4) CIVIL PENALTIES.— 

12 ‘‘(A) HIRING OR CONTINUING TO EMPLOY

13 UNAUTHORIZED ALIENS.—Any employer that 

14 violates any provision of subsection (a)(1)(A) or 

15 (a)(2) shall— 

16 ‘‘(i) pay a civil penalty of not less 

17 than $3,500 and not more than $7,500 for 

18 each unauthorized alien with respect to 

19 which each violation of either subsection 

20 (a)(1)(A) or (a)(2) occurred; 

21 ‘‘(ii) if the employer has previously 

22 been fined as a result of a previous en23 forcement action or previous violation 

24 under this paragraph, pay a civil penalty of 

25 not less than $5,000 and not more than 


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1 $15,000 for each unauthorized alien with 

2 respect to which a violation of either sub3 section (a)(1)(A) or (a)(2) occurred; and 

4 ‘‘(iii) if the employer has previously 

5 been fined more than once under this para6 graph, pay a civil penalty of not less than 

7 $10,000 and not more than $25,000 for 

8 each unauthorized alien with respect to 

9 which a violation of either subsection 

10 (a)(1)(A) or (a)(2) occurred. 

11 ‘‘(B) ENHANCED PENALTIES.—After the 

12 Secretary certifies to Congress that the System 

13 has been established, implemented, and made 

14 mandatory for use by all employers in the 

15 United States, the Secretary may establish an 

16 enhanced civil penalty for an employer who— 

17 ‘‘(i) fails to query the System to verify 

18 the identify and work authorized status of 

19 an individual; and 

20 ‘‘(ii) violates a Federal, State, or local 

21 law related to— 

22 ‘‘(I) the payment of wages; 

23 ‘‘(II) hours worked by employees; 

24 or 


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1 ‘‘(III) workplace health and safe2 ty. 

3 ‘‘(C) RECORDKEEPING OR VERIFICATION

4 PRACTICES.—Any employer that violates or fails 

5 to comply with any requirement under sub6 section (a)(1)(B), other than a minor or inad7 vertent failure, as determined by the Secretary, 

8 shall pay a civil penalty of— 

9 ‘‘(i) not less than $500 and not more 

10 than $2,000 for each violation; 

11 ‘‘(ii) if an employer has previously 

12 been fined under this paragraph, not less 

13 than $1,000 and not more than $4,000 for 

14 each violation; and 

15 ‘‘(iii) if an employer has previously 

16 been fined more than once under this para17 graph, not less than $2,000 and not more 

18 than $8,000 for each violation. 

19 ‘‘(D) OTHER PENALTIES.—The Secretary 

20 may impose additional penalties for violations, 

21 including cease and desist orders, specially de22 signed compliance plans to prevent further vio23 lations, suspended fines to take effect in the 

24 event of a further violation, and in appropriate 

25 cases, the remedy provided by paragraph (f)(2). 


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1 ‘‘(E) MITIGATION.—The Secretary or, if 

2 an employer requests a hearing, the administra3 tive law judge, is authorized, upon such terms 

4 and conditions as the Secretary or administra5 tive law judge deems reasonable and just and in 

6 accordance with such procedures as the Sec7 retary may establish or any procedures estab8 lished governing the administrative law judge’s 

9 assessment of penalties, to reduce or mitigate 

10 penalties imposed upon employers, based upon 

11 factors including, the employer’s hiring volume, 

12 compliance history, good-faith implementation 

13 of a compliance program, the size and level of 

14 sophistication of the employer, and voluntary 

15 disclosure of violations of this subsection to the 

16 Secretary. The Secretary or administrative law 

17 judge shall not mitigate a penalty below the 

18 minimum penalty provided by this section, ex19 cept that the Secretary may, in the case of an 

20 employer subject to penalty for recordkeeping 

21 or verification violations only who has not pre22 viously been penalized under this section, in the 

23 Secretary’s or administrative law judge’s discre24 tion, mitigate the penalty below the statutory 

25 minimum or remit it entirely. In any case where 


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1 a civil money penalty has been imposed on an 

2 employer under section 274B for an action or 

3 omission that is also a violation of this section, 

4 the Secretary or administrative law judge shall 

5 mitigate any civil money penalty under this sec6 tion by the amount of the penalty imposed 

7 under section 274B. 

8 ‘‘(F) EFFECTIVE DATE.—The civil money 

9 penalty amounts and the enhanced penalties 

10 provided by subparagraphs (A), (B), and (C) of 

11 this paragraph and by subsection (f)(2) shall 

12 apply to violations of this section committed on 

13 or after the date that is 1 year after the date 

14 of the enactment of the Border Security, Eco15 nomic Opportunity, and Immigration Mod16 ernization Act. For violations committed prior 

17 to such date of enactment, the civil money pen18 alty amounts provided by regulations imple19 menting this section as in effect the day before 

20 such date of enactment with respect to knowing 

21 hiring or continuing employment, verification, 

22 or indemnity bond violations, as appropriate, 

23 shall apply. 

24 ‘‘(5) ORDER OF INTERNAL REVIEW AND CER25 TIFICATION OF COMPLIANCE.— 


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1 ‘‘(A) EMPLOYER COMPLIANCE.—If the 

2 Secretary has reasonable cause to believe that 

3 an employer has failed to comply with this sec4 tion, the Secretary is authorized, at any time, 

5 to require that the employer certify that it is in 

6 compliance with this section, or has instituted a 

7 program to come into compliance. 

8 ‘‘(B) EMPLOYER CERTIFICATION.— 

9 ‘‘(i) REQUIREMENT.—Except as pro10 vided in subparagraph (C), not later than 

11 60 days after receiving a notice from the 

12 Secretary requiring a certification under 

13 subparagraph (A), an official with respon14 sibility for, and authority to bind the com15 pany on, all hiring and immigration com16 pliance notices shall certify under penalty 

17 of perjury that the employer is in conform18 ance with the requirements of paragraphs 

19 (1) through (4) of subsection (c), per20 taining to document verification require21 ments, and with subsection (d), pertaining 

22 to the System (once the System is imple23 mented with respect to that employer ac24 cording to the requirements of subsection 

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1 ments that the Secretary may promulgate 

2 by regulation pursuant to subsection (c) or 

3 (d) or that the employer has instituted a 

4 program to come into compliance with 

5 these requirements. 

6 ‘‘(ii) APPLICATION.—Clause (i) shall 

7 not apply until the date that the Secretary 

8 certifies to Congress that the System has 

9 been established, implemented, and made 

10 mandatory for use by all employers in the 

11 United States. 

12 ‘‘(C) EXTENSION OF DEADLINE.—At the 

13 request of the employer, the Secretary may ex14 tend the 60-day deadline for good cause. 

15 ‘‘(D) STANDARDS OR METHODS.—The Sec16 retary is authorized to publish in the Federal 

17 Register standards or methods for such certifi18 cation, require specific recordkeeping practices 

19 with respect to such certifications, and audit 

20 the records thereof at any time. This authority 

21 shall not be construed to diminish or qualify 

22 any other penalty provided by this section. 

23 ‘‘(6) REQUIREMENTS FOR REVIEW OF A FINAL

24 DETERMINATION.—With respect to judicial review of 


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1 a final determination or penalty claim issued under 

2 paragraph (3)(C), the following requirements apply: 

3 ‘‘(A) DEADLINE.—The petition for review 

4 must be filed no later than 30 days after the 

5 date of the final determination or penalty claim 

6 issued under paragraph (3)(C). 

7 ‘‘(B) VENUE AND FORMS.—The petition 

8 for review shall be filed with the court of ap9 peals for the judicial circuit where the employ10 er’s principal place of business was located 

11 when the final determination or penalty claim 

12 was made. The record and briefs do not have 

13 to be printed. The court shall review the pro14 ceeding on a typewritten or electronically filed 

15 record and briefs. 

16 ‘‘(C) SERVICE.—The respondent is the 

17 Secretary. In addition to serving the respond18 ent, the petitioner shall serve the Attorney Gen19 eral. 

20 ‘‘(D) PETITIONER’S BRIEF.—The peti21 tioner shall serve and file a brief in connection 

22 with a petition for judicial review not later than 

23 40 days after the date on which the administra24 tive record is available, and may serve and file 

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1 ice of the brief of the respondent, and the court 

2 may not extend these deadlines, except for good 

3 cause shown. If a petitioner fails to file a brief 

4 within the time provided in this paragraph, the 

5 court shall dismiss the appeal unless a manifest 

6 injustice would result. 

7 ‘‘(E) SCOPE AND STANDARD FOR RE8 VIEW.—The court of appeals shall conduct a de 

9 novo review of the administrative record on 

10 which the final determination was based and 

11 any additional evidence that the Court finds 

12 was previously unavailable at the time of the 

13 administrative hearing. 

14 ‘‘(F) EXHAUSTION OF ADMINISTRATIVE

15 REMEDIES.—A court may review a final deter16 mination under paragraph (3)(C) only if— 

17 ‘‘(i) the petitioner has exhausted all 

18 administrative remedies available to the pe19 titioner as of right, including any adminis20 trative remedies established by regulation, 

21 and 

22 ‘‘(ii) another court has not decided 

23 the validity of the order, unless the review24 ing court finds that the petition presents 

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1 sented in the prior judicial proceeding or 

2 that the remedy provided by the prior pro3 ceeding was inadequate or ineffective to 

4 test the validity of the order. 

5 ‘‘(G) ENFORCEMENT OF ORDERS.—If the 

6 final determination issued against the employer 

7 under this subsection is not subjected to review 

8 as provided in this paragraph, the Attorney 

9 General, upon request by the Secretary, may 

10 bring a civil action to enforce compliance with 

11 the final determination in any appropriate dis12 trict court of the United States. The court, on 

13 a proper showing, shall issue a temporary re14 straining order or a preliminary or permanent 

15 injunction requiring that the employer comply 

16 with the final determination issued against that 

17 employer under this subsection. In any such 

18 civil action, the validity and appropriateness of 

19 the final determination shall not be subject to 

20 review 

21 ‘‘(7) CREATION OF LIEN.—If any employer lia22 ble for a fee or penalty under this section neglects 

23 or refuses to pay such liability after demand and 

24 fails to file a petition for review (if applicable) as 

25 provided in paragraph (6), the amount of the fee or 


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1 penalty shall be a lien in favor of the United States 

2 on all property and rights to property, whether real 

3 or personal, belonging to such employer. If a petition 

4 for review is filed as provided in paragraph (6), the 

5 lien shall arise upon the entry of a final judgment 

6 by the court. The lien continues for 20 years or until 

7 the liability is satisfied, remitted, set aside, or termi8 nated. 

9 ‘‘(8) FILING NOTICE OF LIEN.— 

10 ‘‘(A) PLACE FOR FILING.—The notice re11 ferred to in paragraph (7) shall be filed as de12 scribed in 1 of the following: 

13 ‘‘(i) UNDER STATE LAWS.— 

14 ‘‘(I) REAL PROPERTY.—In the 

15 case of real property, in 1 office with16 in the State (or the county, or other 

17 governmental subdivision), as des18 ignated by the laws of such State, in 

19 which the property subject to the lien 

20 is situated. 

21 ‘‘(II) PERSONAL PROPERTY.—In 

22 the case of personal property, whether 

23 tangible or intangible, in 1 office with24 in the State (or the county, or other 

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1 ignated by the laws of such State, in 

2 which the property subject to the lien 

3 is situated, except that State law 

4 merely conforming to or reenacting 

5 Federal law establishing a national fil6 ing system does not constitute a sec7 ond office for filing as designated by 

8 the laws of such State. 

9 ‘‘(ii) WITH CLERK OF DISTRICT

10 COURT.—In the office of the clerk of the 

11 United States district court for the judicial 

12 district in which the property subject to 

13 the lien is situated, whenever the State has 

14 not by law designated 1 office which meets 

15 the requirements of clause (i). 

16 ‘‘(iii) WITH RECORDER OF DEEDS OF

17 THE DISTRICT OF COLUMBIA.—In the of18 fice of the Recorder of Deeds of the Dis19 trict of Columbia, if the property subject to 

20 the lien is situated in the District of Co21 lumbia. 

22 ‘‘(B) SITUS OF PROPERTY SUBJECT TO

23 LIEN.—For purposes of subparagraph (A), 

24 property shall be deemed to be situated as fol25 lows: 


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1 ‘‘(i) REAL PROPERTY.—In the case of 

2 real property, at its physical location. 

3 ‘‘(ii) PERSONAL PROPERTY.—In the 

4 case of personal property, whether tangible 

5 or intangible, at the residence of the tax6 payer at the time the notice of lien is filed. 

7 ‘‘(C) DETERMINATION OR RESIDENCE.— 

8 For purposes of subparagraph (A)(ii), the resi9 dence of a corporation or partnership shall be 

10 deemed to be the place at which the principal 

11 executive office of the business is located, and 

12 the residence of a taxpayer whose residence is 

13 outside the United States shall be deemed to be 

14 in the District of Columbia. 

15 ‘‘(D) EFFECT OF FILING NOTICE OF

16 LIEN.— 

17 ‘‘(i) IN GENERAL.—Upon filing of a 

18 notice of lien in the manner described in 

19 this paragraph, the lien shall be valid 

20 against any purchaser, holder of a security 

21 interest, mechanic’s lien, or judgment lien 

22 creditor, except with respect to properties 

23 or transactions specified in subsection (b), 

24 (c), or (d) of section 6323 of the Internal 

25 Revenue Code of 1986 for which a notice 


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1 of tax lien properly filed on the same date 

2 would not be valid. 

3 ‘‘(ii) NOTICE OF LIEN.—The notice of 

4 lien shall be considered a notice of lien for 

5 taxes payable to the United States for the 

6 purpose of any State or local law providing 

7 for the filing of a notice of a tax lien. A 

8 notice of lien that is registered, recorded, 

9 docketed, or indexed in accordance with 

10 the rules and requirements relating to 

11 judgments of the courts of the State where 

12 the notice of lien is registered, recorded, 

13 docketed, or indexed shall be considered 

14 for all purposes as the filing prescribed by 

15 this section. 

16 ‘‘(iii) OTHER PROVISIONS.—The pro17 visions of section 3201(e) of title 28, 

18 United States Code, shall apply to liens 

19 filed as prescribed by this paragraph. 

20 ‘‘(E) ENFORCEMENT OF A LIEN.—A lien 

21 obtained through this paragraph shall be con22 sidered a debt as defined by section 3002 of 

23 title 28, United States Code and enforceable 

24 pursuant to chapter 176 of such title. 


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1 ‘‘(9) ATTORNEY GENERAL ADJUDICATION.— 

2 The Attorney General shall have jurisdiction to adju3 dicate administrative proceedings under this sub4 section. Such proceedings shall be conducted in ac5 cordance with requirements of section 554 of title 5, 

6 United States Code. 

7 ‘‘(f) CRIMINAL AND CIVIL PENALTIES AND INJUNC8 TIONS.— 

9 ‘‘(1) PROHIBITION OF INDEMNITY BONDS.—It 

10 is unlawful for an employer, in the hiring of any in11 dividual, to require the individual to post a bond or 

12 security, to pay or agree to pay an amount, or other13 wise to provide a financial guarantee or indemnity, 

14 against any potential liability arising under this sec15 tion relating to such hiring of the individual. 

16 ‘‘(2) CIVIL PENALTY.—Any employer who is de17 termined, after notice and opportunity for mitigation 

18 of the monetary penalty under subsection (e), to 

19 have violated paragraph (1) shall be subject to a 

20 civil penalty of $10,000 for each violation and to an 

21 administrative order requiring the return of any 

22 amounts received in violation of such paragraph to 

23 the employee or, if the employee cannot be located, 

24 to the general fund of the Treasury. 

25 ‘‘(g) GOVERNMENT CONTRACTS.— 


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1 ‘‘(1) CONTRACTORS AND RECIPIENTS.—When2 ever an employer who is a Federal contractor (mean3 ing an employer who holds a Federal contract, 

4 grant, or cooperative agreement, or reasonably may 

5 be expected to submit an offer for or be awarded a 

6 government contract) is determined by the Secretary 

7 to have violated of this section more than 3 occa8 sions or is convicted of a crime under this section, 

9 the employer shall be considered for debarment from 

10 the receipt of Federal contracts, grants, or coopera11 tive agreements in accordance with the procedures 

12 and standards and for the periods prescribed by the 

13 Federal Acquisition Regulation. However, any ad14 ministrative determination of liability for civil pen15 alty by the Secretary or the Attorney General shall 

16 not be reviewable in any debarment proceeding. 

17 ‘‘(2) INADVERTENT VIOLATIONS.—Inadvertent 

18 violations of recordkeeping or verification require19 ments, in the absence of any other violations of this 

20 section, shall not be a basis for determining that an 

21 employer is a repeat violator for purposes of this 

22 subsection. 

23 ‘‘(3) OTHER REMEDIES AVAILABLE.—Nothing 

24 in this subsection shall be construed to modify or 

25 limit any remedy available to any agency or official 


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1 of the Federal Government for violation of any con2 tractual requirement to participate in the System, as 

3 provided in the final rule relating to employment eli4 gibility verification published in the Federal Register 

5 on November 14, 2008 (73 Fed. Reg. 67,651), or 

6 any similar subsequent regulation. 

7 ‘‘(h) PREEMPTION.—The provisions of this section 

8 preempt any State or local law, ordinance, policy, or rule, 

9 including any criminal or civil fine or penalty structure, 

10 relating to the hiring, continued employment, or status 

11 verification for employment eligibility purposes, of unau12 thorized aliens. A State, locality, municipality, or political 

13 subdivision may exercise its authority over business licens14 ing and similar laws as a penalty for failure to use the 

15 System. 

16 ‘‘(i) DEPOSIT OF AMOUNTS RECEIVED.—Except as 

17 otherwise specified, civil penalties collected under this sec18 tion shall be deposited by the Secretary into the Com19 prehensive Immigration Reform Trust Fund established 

20 under section 6 of the Border Security, Economic Oppor21 tunity, and Immigration Modernization Act. 

22 ‘‘(j) CHALLENGES TO VALIDITY OF THE SYSTEM.— 

23 ‘‘(1) IN GENERAL.—Any right, benefit, or claim 

24 not otherwise waived or limited pursuant to this sec25 tion is available in an action instituted in the United 


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1 States District Court for the District of Columbia, 

2 but shall be limited to determinations of— 

3 ‘‘(A) whether this section, or any regula4 tion issued to implement this section, violates 

5 the Constitution of the United States; or 

6 ‘‘(B) whether such a regulation issued by 

7 or under the authority of the Secretary to im8 plement this section, is contrary to applicable 

9 provisions of this section or was issued in viola10 tion of title 5, chapter 5, United States Code. 

11 ‘‘(2) DEADLINES FOR BRINGING ACTIONS.— 

12 Any action instituted under this subsection must be 

13 filed no later than 180 days after the date the chal14 lenged section or regulation described in subpara15 graph (A) or (B) of paragraph (1) becomes effective. 

16 No court shall have jurisdiction to review any chal17 lenge described in subparagraph (B) after the time 

18 period specified in this subsection expires. 

19 ‘‘(k) CRIMINAL PENALTIES AND INJUNCTIONS FOR

20 PATTERN OR PRACTICE VIOLATIONS.— 

21 ‘‘(1) PATTERN AND PRACTICE.—Any employer 

22 who engages in a pattern or practice of knowing vio23 lations of subsection (a)(1)(A) or (a)(2) shall be 

24 fined under title 18, United States Code, no more 

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1 spect to whom such violation occurs, imprisoned for 

2 not more than 2 years for the entire pattern or prac3 tice, or both. 

4 ‘‘(2) TERM OF IMPRISONMENT.—The maximum 

5 term of imprisonment of a person convicted of any 

6 criminal offense under the United States Code shall 

7 be increased by 5 years if the offense is committed 

8 as part of a pattern or practice of violations of sub9 section (a)(1)(A) or (a)(2). 

10 ‘‘(3) ENJOINING OF PATTERN OR PRACTICE

11 VIOLATIONS.—Whenever the Secretary or the Attor12 ney General has reasonable cause to believe that an 

13 employer is engaged in a pattern or practice of em14 ployment in violation of subsection (a)(1)(A) or 

15 (a)(2), the Attorney General may bring a civil action 

16 in the appropriate district court of the United States 

17 requesting such relief, including a permanent or 

18 temporary injunction, restraining order, or other 

19 order against the employer, as the Secretary or At20 torney General deems necessary. 

21 ‘‘(l) CRIMINAL PENALTIES FOR UNLAWFUL AND

22 ABUSIVE EMPLOYMENT.— 

23 ‘‘(1) IN GENERAL.—Any person who, during 

24 any 12-month period, knowingly employs or hires, 

25 employs, recruits, or refers for employment 10 or 


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1 more individuals within the United States who are 

2 under the control and supervision of such person— 

3 ‘‘(A) knowing that the individuals are un4 authorized aliens; and 

5 ‘‘(B) under conditions that violate section 

6 5(a) of the Occupational Safety and Health Act 

7 of 1970 (29 U.S.C. 654(a) (relating to occupa8 tional safety and health), section 6 or 7 of the 

9 Fair Labor Standards Act of 1938 (29 U.S.C. 

10 206 and 207) (relating to minimum wages and 

11 maximum hours of employment), section 3142 

12 of title 40, United States Code, (relating to re13 quired wages on construction contracts), or sec14 tions 6703 or 6704 of title 41, United States 

15 Code, (relating to required wages on service 

16 contracts) 

17 shall be fined under title 18, United States Code, or 

18 imprisoned for not more than 10 years, or both. 

19 ‘‘(2) ATTEMPT AND CONSPIRACY.—Any person 

20 who attempts or conspires to commit any offense 

21 under this section shall be punished in the same 

22 manner as a person who completes the offense.’’. 

23 (b) REPORT ON USE OF THE SYSTEM IN THE AGRI24 CULTURAL INDUSTRY.—Not later than 18 months after 

25 the date of the enactment of this Act, the Secretary shall 


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1 submit to Congress a report that assesses implementation 

2 of the Employment Verification System established under 

3 section 274A(d) of the Immigration and Nationality Act, 

4 as amended by subsection (a), in the agricultural industry, 

5 including the use of such System technology in agriculture 

6 industry hiring processes, user, contractor, and third7 party employer agent employment practices, timing and 

8 logistics regarding employment verification and 

9 reverification processes to meet agriculture industry prac10 tices, and identification of potential challenges and modi11 fications to meet the unique needs of the agriculture in12 dustry. Such report shall review— 

13 (1) the modality of access, training and out14 reach, customer support, processes for further action 

15 notices and secondary verifications for short-term 

16 workers, monitoring, and compliance procedures for 

17 such System; 

18 (2) the interaction of such System with the 

19 process to admit nonimmigrant workers pursuant to 

20 section 218 or 218A of the Immigration and Nation21 ality Act (8 U.S.C. 1188 et seq.) and with enforce22 ment of the immigration laws; and 

23 (3) the collaborative use of processes of other 

24 Federal and State agencies that intersect with the 

25 agriculture industry. 


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1 (c) REPORT ON IMPACT OF THE SYSTEM ON EM2 PLOYERS.—Not later than 18 months after the date of 

3 the enactment of this Act, the Secretary shall submit to 

4 Congress a report that assesses— 

5 (1) the implementation of the Employment 

6 Verification System established under section 

7 274A(d) of the Immigration and Nationality Act, as 

8 amended by subsection (a), by employers; 

9 (2) any adverse impact on the revenues, busi10 ness processes, or profitability of employers required 

11 to use such System; and 

12 (3) the economic impact of such System on 

13 small businesses. 

14 (d) GOVERNMENT ACCOUNTABILITY OFFICE STUDY

15 OF THE EFFECTS OF DOCUMENT REQUIREMENTS ON EM16 PLOYMENT AUTHORIZED PERSONS AND EMPLOYERS.— 

17 (1) STUDY.—The Comptroller General of the 

18 United States shall carry out a study of the effects 

19 of the documentary requirements of section 274A of 

20 the Immigration and Nationality Act, as amended by 

21 subsection (a), on employers, nationals of the United 

22 States and individuals with employment authorized 

23 status, and challenges such employers, nationals or 

24 individuals may face in obtaining the documentation 

25 required by that section. 


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1 (2) REPORT.—Not later than 4 years after the 

2 enactment of this Act, the Comptroller General shall 

3 submit to Congress a report containing the findings 

4 of the study carried out under paragraph (1). Such 

5 report shall include, at a minimum, the following: 

6 (A) An assessment of available information 

7 regarding the number of working age nationals 

8 of the United States and individuals who have 

9 employment authorized status who lack docu10 ments required for employment by such section 

11 274A. 

12 (B) A description of the additional steps 

13 required for individuals who have employment 

14 authorized status and do not possess the docu15 ments required by such section 274A to obtain 

16 such documents. 

17 (C) A general assessment of the average fi18 nancial costs for individuals who have employ19 ment authorized status who do not possess the 

20 documents required by such section 274A to ob21 tain such documents. 

22 (D) A general assessment of the average 

23 financial costs and challenged for employers 

24 who have been required to participate in the 


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1 Employment Verification System established by 

2 subsection (d) of such section 274A. 

3 (E) A description of the barriers to indi4 viduals who have employment authorized status 

5 in obtaining the documents required by such 

6 section 274A, including barriers imposed by the 

7 executive branch of the Government. 

8 (F) Any particular challenges facing indi9 viduals who have employment authorized status 

10 who are members of a federally recognized In11 dian tribe in complying with the provisions of 

12 such section 274A. 

13 (e) REPEAL OF PILOT PROGRAMS AND E-VERIFY

14 AND TRANSITION PROCEDURES.— 

15 (1) REPEAL.—Sections 401, 402, 403, 404, 

16 and 405 of the Illegal Immigration Reform and Im17 migrant Responsibility Act of 1996 (division C of 

18 Public Law 104–208; 8 U.S.C. 1324a note) are re19 pealed. 

20 (2) TRANSITION PROCEDURES.—Any employer 

21 who was participating in the E-Verify Program de22 scribed in section 403 of the Illegal Immigration Re23 form and Immigrant Responsibility Act of 1996 (di24 vision C of Public Law 104–208; 8 U.S.C. 1324a 

25 note), as in effect on the minute before the date of 


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1 the enactment of this Act, shall participate in the 

2 System described in subsection (d) of section 274A 

3 of the Immigration and Nationality Act, as amended 

4 by subsection (a) to the same extent and in the same 

5 manner that the employer participated in such E6 Verify Program. 

7 (3) CONSTRUCTION.—The repeal made by para8 graph (1) may not be construed to limit the author9 ity of the Secretary to allow or continue to allow the 

10 participation in such System of employers who have 

11 participated in such E-Verify Program, as in effect 

12 on the day before the date of the enactment of this 

13 Act. 

14 (f) CONFORMING AMENDMENT.—Paragraph (3) of 

15 section 274(a) (8 U.S.C. 1324(a)) is repealed. 

16 SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SO17 CIAL SECURITY CARDS. 

18 (a) FRAUD-RESISTANT, TAMPER-RESISTANT, WEAR19 RESISTANT, AND IDENTITY THEFT-RESISTANT SOCIAL

20 SECURITY CARDS.— 

21 (1) ISSUANCE.— 

22 (A) PRELIMINARY WORK.—Not later than 

23 180 days after the date of the enactment of this 

24 title, the Commissioner of Social Security shall 

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1 ant, tamper-resistant, wear-resistant, and iden2 tity theft-resistant social security cards. 

3 (B) COMPLETION.—Not later than 5 years 

4 after the date of enactment of this title, the 

5 Commissioner of Social Security shall issue only 

6 social security cards determined to be fraud-re7 sistant, tamper-resistant, wear-resistant, and 

8 identity theft-resistant social security cards. 

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

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

11 amended by striking the second sentence and insert12 ing the following: ‘‘The social security card shall be 

13 fraud-resistant, tamper-resistant, wear-resistant, and 

14 identity theft-resistant.’’. 

15 (3) APPROPRIATION.—Out of any money in the 

16 Treasury of the United States not otherwise appro17 priated, there is appropriated to the Commissioner 

18 of Social Security an additional amount for ‘‘Limita19 tion on Administrative Expenses’’ for the purpose of 

20 carrying out the amendments made by this sub21 section, $1,000,000,000 for fiscal year 2014, to re22 main available until expended. 

23 (4) EMERGENCY DESIGNATION FOR CONGRES24 SIONAL ENFORCEMENT.—In the Senate, amounts 

25 made available under this subsection are designated 


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1 as an emergency requirement pursuant to section 

2 403(a) of S. Con. Res. 13 (111th Congress), the 

3 concurrent resolution on the budget for fiscal year 

4 2010. 

5 (5) EMERGENCY DESIGNATION FOR STATUTORY

6 PAYGO.—Amounts made available under this sub7 section are designated as an emergency requirement 

8 under section 4(g) of the Statutory Pay-As-You-Go 

9 Act of 2010 (Public Law 111–139; 2 U.S.C. 

10 933(g)). 

11 (b) MULTIPLE CARDS.—Section 205(c)(2)(G) of the 

12 Social Security Act (42 U.S.C. 405(c)(2)(G)), as amended 

13 by subsection (a)(2), is amended— 

14 (1) by inserting ‘‘(i)’’ after ‘‘(G)’’; and 

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

16 ‘‘(ii) The Commissioner of Social Security shall re17 strict the issuance of multiple replacement social security 

18 cards to any individual to 3 per year and 10 for the life 

19 of the individual, except that the Commissioner may allow 

20 for reasonable exceptions from the limits under this clause 

21 on a case-by-case basis in compelling circumstances.’’. 

22 (c) CRIMINAL PENALTIES.— 

23 (1) SOCIAL SECURITY FRAUD.— 


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1 (A) IN GENERAL.—Chapter 47 of title 18, 

2 United States Code, is amended by inserting at 

3 the end the following: 

4 ‘‘§ 1041. Social security fraud. 

5 ‘‘Any person who— 

6 ‘‘(1) knowingly possesses or uses a social secu7 rity account number or social security card knowing 

8 that the number or card was obtained from the 

9 Commissioner of Social Security by means of fraud 

10 or false statement; 

11 ‘‘(2) knowingly and falsely represents a number 

12 to be the social security account number assigned by 

13 the Commissioner of Social Security to him or her 

14 or to another person, when such number is known 

15 not to be the social security account number as16 signed by the Commissioner of Social Security to 

17 him or her or to such other person; 

18 ‘‘(3) knowingly, and without lawful authority, 

19 buys, sells, or possesses with intent to buy or sell a 

20 social security account number or a social security 

21 card that is or purports to be a number or card 

22 issued by the Commissioner of Social Security; 

23 ‘‘(4) knowingly alters, counterfeits, forges, or 

24 falsely makes a social security account number or a 

25 social security card; 


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1 ‘‘(5) knowingly uses, distributes, or transfers a 

2 social security account number or a social security 

3 card knowing the number or card to be intentionally 

4 altered, counterfeited, forged, falsely made, or sto5 len; or 

6 ‘‘(6) without lawful authority, knowingly pro7 duces or acquires for any person a social security ac8 count number, a social security card, or a number 

9 or card that purports to be a social security account 

10 number or social security card, 

11 shall be fined under this title, imprisoned not more than 

12 5 years, or both.’’. 

13 (B) TABLE OF SECTIONS AMENDMENT.— 

14 The table of sections for chapter 47 of title 18, 

15 United States Code, is amended by adding after 

16 the item relating to section 1040 the following: 

‘‘Sec. 1041. Social security fraud.’’. 

17 (2) INFORMATION DISCLOSURE.— 

18 (A) IN GENERAL.—Notwithstanding any 

19 other provision of law and subject to subpara20 graph (B), the Commissioner of Social Security 

21 shall disclose for the purpose of investigating a 

22 violation of section 1041 of title 18, United 

23 States Code, or section 274A, section 274B, or 

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1 vided that such request is in writing and from 

2 an officer in a supervisory position or higher of3 ficial, the following records of the Social Secu4 rity Administration to any Federal law enforce5 ment agency that requests such records: 

6 (i) Records concerning the identity, 

7 address, location, or financial institution 

8 accounts of the holder of a social security 

9 account number or social security card. 

10 (ii) Records concerning the applica11 tion for and issuance of a social security 

12 account number or social security card. 

13 (iii) Records concerning the existence 

14 or nonexistence of a social security account 

15 number or social security card. 

16 (B) LIMITATION.—The Commissioner of 

17 Social Security shall not disclose any tax return 

18 or tax return information pursuant to subpara19 graph (A) except as authorized by section 6103 

20 of the Internal Revenue Code of 1986. 

21 SEC. 3103. INCREASING SECURITY AND INTEGRITY OF IM22 MIGRATION DOCUMENTS. 

23 Not later than 1 year after the date of the enactment 

24 of this Act, the Secretary shall submit a report to Con25 gress on the feasibility, advantages, and disadvantages of 


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1 including, in addition to a photograph, other biometric in2 formation on each employment authorization document 

3 issued by the Department. 

4 SEC. 3104. RESPONSIBILITIES OF THE SOCIAL SECURITY 

5 ADMINISTRATION. 

6 Title XI of the Social Security Act (42 U.S.C. 1301 

7 et seq.) is amended by adding at the end the following 

8 new part: 

9 ‘‘PART E—EMPLOYMENT VERIFICATION

10 ‘‘RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL

11 SECURITY

12 ‘‘SEC. 1186. (a) CONFIRMATION OF EMPLOYMENT

13 VERIFICATION DATA.—As part of the employment 

14 verification system established by the Secretary of Home15 land Security under the provisions of section 274A of the 

16 Immigration and Nationality Act (8 U.S.C. 1324a) (in 

17 this section referred to as the ‘System’), the Commissioner 

18 of Social Security shall, subject to the provisions of section 

19 274A(d) of the Immigration and Nationality Act (8 U.S.C. 

20 1324a(d)), establish a reliable, secure method that, oper21 ating through the System and within the time periods 

22 specified in section 274A(d) of such Act— 

23 ‘‘(1) compares the name, date of birth, social 

24 security account number, and available citizenship 

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1 formation maintained by the Commissioner in order 

2 to confirm (or not confirm) the validity of the infor3 mation provided regarding an individual whose iden4 tity and employment eligibility must be confirmed; 

5 ‘‘(2) determines the correspondence of the 

6 name, date of birth, and number; 

7 ‘‘(3) determines whether the name and number 

8 belong to an individual who is deceased according to 

9 the records maintained by the Commissioner; 

10 ‘‘(4) determines whether an individual is a na11 tional of the United States, as defined in section 

12 101(a)(22) of the Immigration and Nationality Act 

13 (8 U.S.C. 1101(a)(22)); and 

14 ‘‘(5) determines whether the individual has pre15 sented a social security account number that is not 

16 valid for employment. 

17 ‘‘(b) PROHIBITION.—The System shall not disclose or 

18 release social security information to employers through 

19 the confirmation system (other than such confirmation or 

20 nonconfirmation, information provided by the employer to 

21 the System, or the reason for the issuance of a further 

22 action notice).’’. 


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1 SEC. 3105. IMPROVED PROHIBITION ON DISCRIMINATION 

2 BASED ON NATIONAL ORIGIN OR CITIZEN3 SHIP STATUS. 

4 (a) IN GENERAL.—Section 274B(a) (8 U.S.C. 

5 1324b) is amended to read as follows: 

6 ‘‘(a) PROHIBITION ON DISCRIMINATION BASED ON

7 NATIONAL ORIGIN OR CITIZENSHIP STATUS.— 

8 ‘‘(1) PROHIBITION ON DISCRIMINATION GEN9 ERALLY.—It is an unfair immigration-related em10 ployment practice for a person, other entity, or em11 ployment agency, to discriminate against any indi12 vidual (other than an unauthorized alien defined in 

13 section 274A(b)) because of such individual’s na14 tional origin or citizenship status, with respect to the 

15 following: 

16 ‘‘(A) The hiring of the individual for em17 ployment. 

18 ‘‘(B) The verification of the individual’s 

19 eligibility to work in the United States. 

20 ‘‘(C) The discharging of the individual 

21 from employment. 

22 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

23 apply to the following: 

24 ‘‘(A) A person, other entity, or employer 

25 that employs 5 or fewer employees, except for 

26 an employment agency. 


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1 ‘‘(B) A person’s or entity’s discrimination 

2 because of an individual’s national origin if the 

3 discrimination with respect to that employer, 

4 person, or entity and that individual is covered 

5 under section 703 of the Civil Rights Act of 

6 1964 (42 U.S.C. 2000e–2), unless the discrimi7 nation is related to an individual’s verification 

8 of employment authorization. 

9 ‘‘(C) Discrimination because of citizenship 

10 status which— 

11 ‘‘(i) is otherwise required in order to 

12 comply with a provision of Federal, State, 

13 or local law related to law enforcement; 

14 ‘‘(ii) is required by Federal Govern15 ment contract; or 

16 ‘‘(iii) the Secretary or Attorney Gen17 eral determines to be essential for an em18 ployer to do business with an agency or de19 partment of the Federal Government or a 

20 State, local, or tribal government. 

21 ‘‘(3) ADDITIONAL EXCEPTION PROVIDING

22 RIGHT TO PREFER EQUALLY QUALIFIED CITIZENS.— 

23 Notwithstanding any other provision of this section, 

24 it is not an unfair immigration-related employment 

25 practice for an employer (as defined in section 


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1 274A(b)) to prefer to hire, recruit, or refer an indi2 vidual who is a citizen or national of the United 

3 States over another individual who is an alien if the 

4 2 individuals are equally qualified. 

5 ‘‘(4) UNFAIR IMMIGRATION-RELATED EMPLOY6 MENT PRACTICES RELATING TO THE SYSTEM.—It is 

7 also an unfair immigration-related employment prac8 tice for a person, other entity, or employment agen9 cy— 

10 ‘‘(A) to discharge or constructively dis11 charge an individual solely due to a further ac12 tion notice issued by the Employment 

13 Verification System created by section 274A 

14 until the administrative appeal described in sec15 tion 274A(d)(6) is completed; 

16 ‘‘(B) to use the System with regard to any 

17 person for any purpose except as authorized by 

18 section 274A(d); 

19 ‘‘(C) to use the System to reverify the em20 ployment authorization of a current employee, 

21 including an employee continuing in employ22 ment, other than reverification in a situation 

23 authorized by regulation on the date of the en24 actment of the Border Security, Economic Op25 portunity, and Immigration Modernization Act, 


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1 reverification upon expiration of employment 

2 authorization, or as otherwise authorized under 

3 section 274A(d) or by regulation; 

4 ‘‘(D) to use the System selectively for em5 ployees, except where authorized by law; 

6 ‘‘(E) to fail to provide to an individual any 

7 notice required in section 274A(d) within the 

8 relevant time period; 

9 ‘‘(F) to use the System to deny workers’ 

10 employment or post-employment benefits; 

11 ‘‘(G) to misuse the System to discriminate 

12 based on national origin or citizenship status; 

13 ‘‘(H) to require an employee or prospective 

14 employee to use any self-verification feature of 

15 the System or provide, as a condition of appli16 cation or employment, any self-verification re17 sults; 

18 ‘‘(I) to use an immigration status 

19 verification system, service, or method other 

20 than those described in section 274A for pur21 poses of verifying employment eligibility; or 

22 ‘‘(J) to grant access to document 

23 verification or System data, to any individual or 

24 entity other than personnel authorized to have 

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1 guards to protect against unauthorized loss, 

2 use, alteration, or destruction of System data. 

3 ‘‘(5) PROHIBITION OF INTIMIDATION OR RETAL4 IATION.—It is also an unfair immigration-related 

5 employment practice for a person, other entity, or 

6 employment agency to intimidate, threaten, coerce, 

7 or retaliate against any individual— 

8 ‘‘(A) for the purpose of interfering with 

9 any right or privilege secured under this sec10 tion; or 

11 ‘‘(B) because the individual intends to file 

12 or has filed a charge or a complaint, testified, 

13 assisted, or participated in any manner in an 

14 investigation, proceeding, or hearing under this 

15 section. 

16 ‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY

17 PRACTICES AS EMPLOYMENT PRACTICES.—A per18 son’s, other entity’s, or employment agency’s re19 quest, for purposes of verifying employment eligi20 bility, for more or different documents than are re21 quired under section 274A, or for specific docu22 ments, or refusing to honor documents tendered that 

23 reasonably appear to be genuine shall be treated as 

24 an unfair immigration-related employment practice. 


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1 ‘‘(7) EMPLOYMENT AGENCY DEFINED.—In this 

2 section, the term ‘employment agency’ means any 

3 employer, person, or entity regularly undertaking 

4 with or without compensation to procure employees 

5 for an employer or to procure for employees oppor6 tunities to work for an employer and includes an 

7 agent of such employer, person, or entity.’’. 

8 (b) REFERRAL BY EEOC.—Section 274B(b) (8 

9 U.S.C. 1324b(b)) is amended by adding at the end the 

10 following: 

11 ‘‘(3) REFERRAL BY EEOC.—The Equal Employ12 ment Opportunity Commission shall refer all matters 

13 alleging immigration-related unfair employment 

14 practices filed with the Commission, including those 

15 alleging violations of paragraphs (1), (4), (5), and 

16 (6) of subsection (a) to the Special Counsel for Im17 migration-Related Unfair Employment Practices of 

18 the Department of Justice.’’; 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 274B(l)(3) (8 U.S.C. 1324b(l)(3)), is amended by striking 

21 the period at the end and inserting ‘‘and an additional 

22 $40,000,000 for each of fiscal years 2014 through 2016.’’. 

23 (d) FINES.— 


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1 (1) IN GENERAL.—Section 274B(g)(2)(B) (8 

2 U.S.C. 1324b(g)(2)(B)) is amended by striking 

3 clause (vi) and inserting the following: 

4 ‘‘(iv) to pay any applicable civil pen5 alties prescribed below, the amounts of 

6 which may be adjusted periodically to ac7 count for inflation as provided by law— 

8 ‘‘(I) except as provided in sub9 clauses (II) through (IV), to pay a 

10 civil penalty of not less than $2,000 

11 and not more than $5,000 for each in12 dividual subjected to an unfair immi13 gration-related employment practice; 

14 ‘‘(II) except as provided in sub15 clauses (III) and (IV), in the case of 

16 an employer, person, or entity pre17 viously subject to a single order under 

18 this paragraph, to pay a civil penalty 

19 of not less than $4,000 and not more 

20 than $10,000 for each individual sub21 jected to an unfair immigration-re22 lated employment practice; 

23 ‘‘(III) except as provided in sub24 clause (IV), in the case of an em25 ployer, person, or entity previously 


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1 subject to more than 1 order under 

2 this paragraph, to pay a civil penalty 

3 of not less than $8,000 and not more 

4 than $25,000 for each individual sub5 jected to an unfair immigration-re6 lated employment practice; and 

7 ‘‘(IV) in the case of an unfair im8 migration-related employment practice 

9 described in paragraphs (4) through 

10 (6) of subsection (a), to pay a civil 

11 penalty of not less than $500 and not 

12 more than $2,000 for each individual 

13 subjected to an unfair immigration-re14 lated employment practice.’’. 

15 (2) EFFECTIVE DATE.—The amendment made 

16 by paragraph (1) shall take effect on the date that 

17 is 1 year after the date of the enactment of this Act 

18 and apply to violations occurring on or after such 

19 date of enactment. 

20 SEC. 3106. RULEMAKING. 

21 (a) INTERIM FINAL REGULATIONS.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of the enactment of this Act— 

24 (A) the Secretary, shall issue regulations 

25 implementing sections 3101, 3104, and 3105, 


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1 and the amendments made by such sections; 

2 and 

3 (B) the Attorney General shall issue regu4 lations implementing section 3102 and the 

5 amendment made by such section. 

6 (2) EFFECTIVE DATE.—Regulations issued pur7 suant to paragraph (1) shall be effective immediately 

8 on an interim basis, but are subject to change and 

9 revision after public notice and opportunity for a pe10 riod for public comment. 

11 (b) FINAL REGULATIONS.—Within a reasonable time 

12 after publication of the interim regulations under sub13 section (a), the Secretary, in consultation with the Com14 missioner of Social Security and the Attorney General, 

15 shall publish final regulations implementing this subtitle. 

16 Subtitle B—Protecting United 

17 States Workers 

18 SEC. 3201. PROTECTIONS FOR VICTIMS OF SERIOUS VIOLA19 TIONS OF LABOR AND EMPLOYMENT LAW OR 

20 CRIME. 

21 (a) IN GENERAL.—Section 101(a)(15)(U) (8 U.S.C. 

22 1101(a)(15)(U)) is amended— 

23 (1) in clause (i)— 

24 (A) by amending subclause (I) to read as 

25 follows: 


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1 ‘‘(I) the alien— 

2 ‘‘(aa) has suffered substantial 

3 physical or mental abuse or substan4 tial harm as a result of having been a 

5 victim of criminal activity described in 

6 clause (iii) or of a covered violation 

7 described in clause (iv); or 

8 ‘‘(bb) is a victim of criminal ac9 tivity described in clause (iii) or of a 

10 covered violation described in clause 

11 (iv) and would suffer extreme hard12 ship upon removal;’’; 

13 (B) in subclause (II), by inserting ‘‘, or a 

14 covered violation resulting in a claim described 

15 in clause (iv) that is not the subject of a frivo16 lous lawsuit by the alien’’ before the semicolon 

17 at the end; and 

18 (C) by amending subclauses (III) and (IV) 

19 to read as follows: 

20 ‘‘(III) the alien (or in the case of an 

21 alien child who is younger than 16 years of 

22 age, the parent, guardian, or next friend of 

23 the alien) has been helpful, is being help24 ful, or is likely to be helpful to— 


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1 ‘‘(aa) a Federal, State, or local 

2 law enforcement official, a Federal, 

3 State, or local prosecutor, a Federal, 

4 State, or local judge, the Department 

5 of Homeland Security, the Equal Em6 ployment Opportunity Commission, 

7 the Department of Labor, or other 

8 Federal or, State, or local authorities 

9 investigating or prosecuting criminal 

10 activity described in clause (iii); or 

11 ‘‘(bb) any Federal, State, or local 

12 governmental agency investigating, 

13 prosecuting, or seeking civil remedies 

14 for any cause of action, whether 

15 criminal, civil, or administrative, aris16 ing from a covered violation described 

17 in clause (iv) and presents a certifi18 cation from such Federal, State, or 

19 local governmental agency attesting 

20 that the alien has been helpful, is 

21 being helpful, or is likely to be helpful 

22 to such agency in the investigation, 

23 prosecution, or adjudication arising 

24 from a covered violation described in 

25 clause (iv); and 


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1 ‘‘(IV) the criminal activity described 

2 in clause (iii) or the covered violation de3 scribed in clause (iv)— 

4 ‘‘(aa) violated the laws of the 

5 United States; or 

6 ‘‘(bb) occurred in the United 

7 States (including Indian country and 

8 military installations) or the terri9 tories and possessions of the United 

10 States;’’; 

11 (2) in clause (ii)(II), by striking ‘‘and’’ at the 

12 end; 

13 (3) by moving clause (iii) 2 ems to the left; 

14 (4) in clause (iii)— 

15 (A) by inserting ‘‘stalking, child abuse 

16 when the alien is a minor;’’ after ‘‘sexual exploi17 tation;’’; 

18 (B) by inserting ‘‘fraud in foreign labor 

19 contracting;’’ before ‘‘peonage;’’; and 

20 (C) by striking ‘‘or’’ at the end and insert21 ing ‘‘and’’; and 

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

23 ‘‘(iv) a covered violation referred to in this 

24 clause is— 


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1 ‘‘(I) a serious violation involving 1 or more 

2 of the following or any similar activity in viola3 tion of any Federal, State, or local law, serious 

4 workplace abuse, exploitation, retaliation, or 

5 violation of whistleblower protections; 

6 ‘‘(II) a violation giving rise to a civil cause 

7 of action under section 1595 of title 18, United 

8 States Code; or 

9 ‘‘(III) a violation resulting in the depriva10 tion of due process or constitutional rights.’’. 

11 (b) SAVINGS PROVISION.—Nothing in section 

12 101(a)(15)(U)(iv)(III) of the Immigration and Nationality 

13 Act, as added by subsection (a), may be construed as al14 tering the definition of retaliation or discrimination under 

15 any other provision of law. 

16 (c) TEMPORARY STAY OF REMOVAL.—Section 274A 

17 (8 U.S.C. 1324a), as amended by section 3101, is further 

18 amended— 

19 (1) in subsection (e) by adding at the end the 

20 following: 

21 ‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 

22 If the Secretary undertakes an enforcement action 

23 at a facility about which a bona fide workplace claim 

24 has been filed or is contemporaneously filed, or as 

25 a result of information provided to the Secretary in 


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1 retaliation against employees for exercising their 

2 rights related to a bona fide workplace claim, the 

3 Secretary shall ensure that— 

4 ‘‘(A) any aliens arrested or detained who 

5 are necessary for the investigation or prosecu6 tion of a bona fide workplace claim violations or 

7 criminal activity (as described in subparagraph 

8 (T) or (U) of section 101(a)(15)) are not re9 moved from the United States until after the 

10 Secretary— 

11 ‘‘(i) notifies the appropriate law en12 forcement agency with jurisdiction over 

13 such violations or criminal activity; and 

14 ‘‘(ii) provides such agency with the 

15 opportunity to interview such aliens; 

16 ‘‘(B) no aliens entitled to a stay of removal 

17 or abeyance of removal proceedings under this 

18 section are removed; and 

19 ‘‘(C) the Secretary shall stay the removal 

20 of an alien who— 

21 ‘‘(i) has filed a covered violation de22 scribed in clause (iv) of section 

23 101(a)(15)(U) and is the victim of the 

24 same violations under an existing inves25 tigation; 


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1 ‘‘(ii) is a material witness in any 

2 pending or anticipated proceeding involving 

3 a bona fide workplace claim or civil rights 

4 claim; or 

5 ‘‘(iii) has filed for relief under such 

6 section if the alien has is working with law 

7 enforcement as described in clause (i)(III) 

8 of such section.’’; and 

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

10 ‘‘(m) VICTIMS OF CRIMINAL ACTIVITY OR LABOR

11 AND EMPLOYMENT VIOLATIONS.—The Secretary of 

12 Homeland Security may permit an alien to remain tempo13 rarily in the United States and authorize the alien to en14 gage in employment in the United States if the Secretary 

15 determines that the alien— 

16 ‘‘(1) has filed for relief under section 

17 101(a)(15)(U); or 

18 ‘‘(2)(A) has filed, or is a material witness to, a 

19 bona fide claim or proceedings resulting from a cov20 ered violation (as defined in section 

21 101(a)(15)(U)(iv)); and 

22 ‘‘(B) has been helpful, is being helpful, or is 

23 likely to be helpful, in the investigation, prosecution 

24 of, or pursuit of civil remedies related to the claim 

25 arising from a covered violation, to— 


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1 ‘‘(i) a Federal, State, or local law enforce2 ment official; 

3 ‘‘(ii) a Federal, State, or local prosecutor; 

4 ‘‘(iii) a Federal, State, or local judge; 

5 ‘‘(iv) the Department of Homeland Secu6 rity; 

7 ‘‘(v) the Equal Employment Opportunity 

8 Commission; or 

9 ‘‘(vi) the Department of Labor.’’. 

10 (d) CONFORMING AMENDMENTS.—Section 214(p) (8 

11 U.S.C. 1184(p)) is amended— 

12 (1) in paragraph (1), by striking ‘‘in section 

13 101(a)(15)(U)(iii).’’ both places it appears and in14 serting ‘‘in clause (iii) of section 101(a)(15)(U) or 

15 investigating, prosecuting, or seeking civil remedies 

16 for claims resulting from a covered violation de17 scribed in clause (iv) of such section.’’; and 

18 (2) in the first sentence of paragraph (6)— 

19 (A) by striking ‘‘in section 

20 101(a)(15)(U)(iii)’’ and inserting ‘‘in clause 

21 (iii) of section 101(a)(15)(U) or claims result22 ing from a covered violation described in clause 

23 (iv) of such section’’; and 


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1 (B) by inserting ‘‘or claim arising from a 

2 covered violation’’ after ‘‘prosecution of such 

3 criminal activity’’. 

4 (e) MODIFICATION OF LIMITATION ON AUTHORITY

5 TO ADJUST STATUS FOR VICTIMS OF CRIMES.—Section 

6 245(m)(1) (8 U.S.C. 1255(m)(1)) is amended, in the mat7 ter before subparagraph (A), by inserting ‘‘or an investiga8 tion or prosecution regarding a workplace or civil rights 

9 claim’’ after ‘‘prosecution’’. 

10 (f) EXPANSION OF LIMITATION ON SOURCES OF IN11 FORMATION THAT MAY BE USED TO MAKE ADVERSE

12 DETERMINATIONS.— 

13 (1) IN GENERAL.—Section 384(a)(1) of the Il14 legal Immigration Reform and Immigrant Responsi15 bility Act of 1996 (8 U.S.C. 1367(a)(1)) is amend16 ed— 

17 (A) in each of subparagraphs (A) through 

18 (D), by striking the comma at the end and in19 serting a semicolon; 

20 (B) subparagraph (E), by striking ‘‘the 

21 criminal activity,’’ and inserting ‘‘abuse and the 

22 criminal activity or bona fide workplace claim 

23 (as defined in subsection (e));’’; 


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1 (C) in subparagraph (F), by striking ‘‘, the 

2 trafficker or perpetrator,’’ and inserting ‘‘), the 

3 trafficker or perpetrator; or’’; and 

4 (D) by inserting after subparagraph (F) 

5 the following: 

6 ‘‘(G) the alien’s employer,’’. 

7 (2) WORKPLACE CLAIM DEFINED.—Section 384 

8 of the Illegal Immigration Reform and Immigrant 

9 Responsibility Act of 1996 (8 U.S.C. 1367) is 

10 amended by adding at the end the following: 

11 ‘‘(e) WORKPLACE CLAIMS.— 

12 ‘‘(1) WORKPLACE CLAIMS DEFINED.— 

13 ‘‘(A) IN GENERAL.—In section (a)(1), the 

14 term ‘workplace claim’ means any claim, peti15 tion, charge, complaint, or grievance filed with, 

16 or submitted to, a Federal, State, or local agen17 cy or court, relating to the violation of applica18 ble Federal, State, or local labor or employment 

19 laws. 

20 ‘‘(B) CONSTRUCTIONS.—Subparagraph (A) 

21 may not be construed to alter what constitutes 

22 retaliation or discrimination under any other 

23 provision of law. 

24 ‘‘(2) PENALTY FOR FALSE CLAIMS.—Any per25 son who knowingly presents a false or fraudulent 


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1 claim to a law enforcement official in relation to a 

2 covered violation for the purpose of obtaining a ben3 efit under this section shall be subject to a civil pen4 alty of not more than $1,000. 

5 ‘‘(3) LIMITATION ON STAY OF ADVERSE DETER6 MINATIONS.—In the case of an alien applying for 

7 status under section 101(a)(15)(U) of the Immigra8 tion and Nationality Act and seeking relief under 

9 this section, the prohibition on adverse determina10 tions under subsection (a) shall expire on the date 

11 that the alien’s application for status under such 

12 section is denied and all opportunities for appeal of 

13 the denial have been exhausted.’’. 

14 (g) REMOVAL PROCEEDINGS.—Section 239(e) (8 

15 U.S.C. 1229(e)) is amended— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘In cases where’’ and in18 serting ‘‘If’’; and 

19 (B) by striking ‘‘paragraph (2),’’ and in20 serting ‘‘paragraph (2) or as a result of infor21 mation provided to the Secretary of Homeland 

22 Security in retaliation against individuals for 

23 exercising or attempting to exercise their em24 ployment rights or other legal rights,’’; and 


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1 (2) in paragraph (2), by adding at the end the 

2 following: 

3 ‘‘(C) At a facility about which a bona fide 

4 workplace claim has been filed or is contem5 poraneously filed.’’. 

6 SEC. 3202. EMPLOYMENT VERIFICATION SYSTEM EDU7 CATION FUNDING. 

8 (a) DISPOSITION OF CIVIL PENALTIES.—Penalties 

9 collected under subsections (e)(4) and (f)(3) of section 

10 274A of the Immigration and Nationality Act, amended 

11 by section 3101, shall be deposited, as offsetting receipts, 

12 into the Comprehensive Immigration Reform Trust Fund 

13 established under section 6(a)(1). 

14 (b) EXPENDITURES.—Amounts deposited into the 

15 Trust Fund under subsection (a) shall be made available 

16 to the Secretary to provide education to employers and 

17 employees regarding the requirements, obligations, and 

18 rights under the Employment Verification System. 

19 (c) DETERMINATION OF BUDGETARY EFFECTS.— 

20 (1) EMERGENCY DESIGNATION FOR CONGRES21 SIONAL ENFORCEMENT.—In the Senate, amounts 

22 made available under this section are designated as 

23 an emergency requirement pursuant to section 

24 403(a) of S. Con. Res. 13 (111th Congress), the 


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1 concurrent resolution on the budget for fiscal year 

2 2010. 

3 (2) EMERGENCY DESIGNATION FOR STATUTORY

4 PAYGO.—Amounts made available under this section 

5 are designated as an emergency requirement under 

6 section 4(g) of the Statutory Pay-As-You-Go Act of 

7 2010 (Public Law 111–139; 2 U.S.C. 933(g)). 

8 SEC. 3203. DIRECTIVE TO THE UNITED STATES SEN9 TENCING COMMISSION. 

10 (a) IN GENERAL.—Pursuant to its authority under 

11 section 994 of title 28, United States Code, and in accord12 ance with subsection (b), the United States Sentencing 

13 Commission shall promulgate sentencing guidelines or 

14 amend existing sentencing guidelines to modify, if appro15 priate, the penalties imposed on persons convicted of of16 fenses under— 

17 (1) section 274A of the Immigration and Na18 tionality Act (8 U.S.C. 1324a), as amended by sec19 tion 3101; 

20 (2) section 16 of the Fair Labor Standards Act 

21 of 1938 (29 U.S.C. 216); and 

22 (3) any other Federal law covering similar con23 duct. 

24 (b) REQUIREMENTS.—In carrying out subsection (a), 

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1 hancements for any person convicted of an offense de2 scribed in subsection (a) if such offense involves— 

3 (1) the intentional confiscation of identification 

4 documents; 

5 (2) corruption, bribery, extortion, or robbery; 

6 (3) sexual abuse; 

7 (4) serious bodily injury; 

8 (5) an intent to defraud; or 

9 (6) a pattern of conduct involving multiple vio10 lations of law that— 

11 (A) creates, through knowing and inten12 tional conduct, a risk to the health or safety of 

13 any victim; or 

14 (B) denies payments due to victims for 

15 work completed. 

16 SEC. 3204. CONFIDENTIALITY FOR VICTIMS OF CRIME. 

17 Section 384 of the Illegal Immigration Reform and 

18 Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) in the matter preceding paragraph 

22 (1)— 

23 (i) by striking ‘‘in no case may’’; and 

24 (ii) by inserting ‘‘or, with respect to 

25 subparagraphs (E) and (F) and paragraph 


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1 (2), any other official or employee of a cer2 tifying agency, may not’’ after ‘‘Depart3 ments)’’; and 

4 (B) in paragraph (2), by striking ‘‘who is 

5 a beneficiary of an application’’ and inserting 

6 ‘‘applying for’’; and 

7 (2) in subsection (b)— 

8 (A) in paragraph (4), by striking ‘‘bat9 tered’’; and 

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

11 ‘‘(8)(A) Subsection (a)(2) may not be construed 

12 to prevent the disclosure of— 

13 ‘‘(i) information that prosecutors are con14 stitutionally obligated to disclose to provide 

15 statements by witnesses and certain other docu16 ments to defendants in a pending Federal 

17 criminal proceeding; or 

18 ‘‘(ii) information in a civil proceeding in 

19 which a judge orders that such information be 

20 disclosed in connection with a witness testifying 

21 in such proceeding. 

22 ‘‘(B) All information disclosed during litigation 

23 pursuant to the exception set forth in this paragraph 

24 for any purpose other than the purpose ordered in 

25 the proceeding— 


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•S 744 IS

1 ‘‘(i) may not be disclosed to any non2 required party; 

3 ‘‘(ii) shall be filed under seal, with all per4 sonally identifying information redacted except 

5 the witness’s first name; and 

6 ‘‘(iii) shall be returned to the disclosing 

7 party at the conclusion of the proceeding.’’. 

8 Subtitle C—Other Provisions 

9 SEC. 3301. FUNDING. 

10 (a) ESTABLISHMENT OF THE INTERIOR ENFORCE11 MENT ACCOUNT.—There is hereby established in the 

12 Treasury of the United States an account which shall be 

13 known as the Interior Enforcement Account. 

14 (b) APPROPRIATIONS.—There are authorized to be 

15 appropriated to the Interior Enforcement Account 

16 $1,000,000,000 to carry out this title and the amend17 ments made by this title, including the following appro18 priations: 

19 (1) In each of the 5 years beginning on the date 

20 of the enactment of this Act, the appropriations nec21 essary to increase to a level not less than 5,000, by 

22 the end of such 5-year period, the total number of 

23 personnel of the Department assigned exclusively or 

24 principally to an office or offices in U.S. Citizenship 

25 and Immigration Services and U.S. Immigration and 


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•S 744 IS

1 Customs Enforcement (and consistent with the mis2 sions of such agencies), dedicated to administering 

3 the System, and monitoring and enforcing compli4 ance with sections 274A, 274B, and 274C of the 

5 Immigration and Nationality Act (8 U.S.C. 1324a, 

6 1324b, and 1324c), including compliance with the 

7 requirements of the Electronic Verification System 

8 established under section 274A(d) of the Immigra9 tion and Nationality Act (8 U.S.C. 1324a(d)), as 

10 amended by section 3101. Such personnel shall per11 form compliance and monitoring functions, including 

12 the following: 

13 (A) Verify compliance of employers partici14 pating in such System with the requirements 

15 for participation that are prescribed by the Sec16 retary. 

17 (B) Monitor such System for multiple uses 

18 of social security account numbers and immi19 gration identification numbers that could indi20 cate identity theft or fraud. 

21 (C) Monitor such System to identify dis22 criminatory or unfair practices. 

23 (D) Monitor such System to identify em24 ployers who are not using such System prop25 erly, including employers who fail to make 


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1 available appropriate records with respect to 

2 their queries and any notices of confirmation, 

3 nonconfirmation, or further action. 

4 (E) Identify instances in which an em5 ployee alleges that an employer violated the em6 ployee’s privacy or civil rights, or misused such 

7 System, and create procedures for an employee 

8 to report such an allegation. 

9 (F) Analyze and audit the use of such Sys10 tem and the data obtained through such System 

11 to identify fraud trends, including fraud trends 

12 across industries, geographical areas, or em13 ployer size. 

14 (G) Analyze and audit the use of such Sys15 tem and the data obtained through such System 

16 to develop compliance tools as necessary to re17 spond to changing patterns of fraud. 

18 (H) Provide employers with additional 

19 training and other information on the proper 

20 use of such System, including training related 

21 to privacy and employee rights. 

22 (I) Perform threshold evaluation of cases 

23 for referral to the Special Counsel for Immigra24 tion-Related Unfair Employment Practices of 

25 the Department of Justice or the Equal EmVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 ployment Opportunity Commission, and other 

2 officials or agencies with responsibility for en3 forcing anti-discrimination, civil rights, privacy, 

4 or worker protection laws, as may be appro5 priate. 

6 (J) Any other compliance and monitoring 

7 activities that the Secretary determines are nec8 essary to ensure the functioning of such Sys9 tem. 

10 (K) Investigate identity theft and fraud de11 tected through such System and undertake the 

12 necessary enforcement or referral actions. 

13 (L) Investigate use of or access to fraudu14 lent documents and undertake the necessary en15 forcement actions. 

16 (M) Perform any other investigations that 

17 the Secretary determines are necessary to en18 sure the lawful functioning of such System, and 

19 undertake any enforcement actions necessary as 

20 a result of such investigations. 

21 (2) The appropriations necessary to acquire, in22 stall, and maintain technological equipment nec23 essary to support the functioning of such System 

24 and the connectivity between U.S. Citizenship and 

25 Immigration Services and U.S. Immigration and 


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1 Customs Enforcement, the Department of Justice, 

2 and other agencies or officials with respect to the 

3 sharing of information to support such System and 

4 related immigration enforcement actions. 

5 (3) The appropriations necessary to establish a 

6 robust redress process for employees who wish to ap7 peal contested nonconfirmations to ensure the accu8 racy and fairness of such System. 

9 (4) The appropriations necessary to provide a 

10 means by which individuals may access their own 

11 employment authorization data to ensure the accu12 racy of such data, independent of an individual’s em13 ployer. 

14 (5) To carry out the identity authentication 

15 mechanisms described in section 274A(c)(1)(F) of 

16 the Immigration and Nationality Act, as amended by 

17 section 3101(a). 

18 (6) The appropriations necessary for the Office 

19 for Civil Rights and Civil Liberties and the Office of 

20 Privacy of the Department to perform the respon21 sibilities of such Offices related to such System. 

22 (7) The appropriations necessary to make 

23 grants to States to support the States in assisting 

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1 sions of this title and the amendments made by this 

2 title. 

3 (c) AUTHORIZATION OF APPROPRIATIONS TO THE

4 COMMISSIONER OF SOCIAL SECURITY.— 

5 (1) IN GENERAL.—There are authorized to be 

6 appropriated to the Commissioner of Social Security 

7 such sums as may be necessary to carry out the pro8 visions of this title and the amendments made by 

9 this title. 

10 (2) PROHIBITION ON USE OF TRUST FUNDS.— 

11 In no case shall the Commissioner expend funds 

12 from the Old Age and Survivors Trust Fund or the 

13 Disability Trust Fund for expenses related to ad14 ministration of this title or the amendments made by 

15 this title. 

16 (d) AUTHORIZATION OF APPROPRIATIONS TO THE

17 ATTORNEY GENERAL.—There are authorized to be appro18 priated to the Attorney General such sums as may be nec19 essary to carry out the provisions of this title and the 

20 amendments made by this title, including enforcing com21 pliance with section 274B of the Immigration and Nation22 ality Act, as amended by section 3105 of this Act. 

23 (e) AUTHORIZATION OF APPROPRIATIONS TO THE

24 SECRETARY OF STATE.—There are authorized to be ap25 propriated to the Secretary of State such sums as may 


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1 be necessary to carry out the provisions of this title and 

2 the amendments made by this title. 

3 SEC. 3302. EFFECTIVE DATE. 

4 Except as otherwise specifically provided, this title 

5 and the amendments made by this title shall take effect 

6 on the date of the enactment of this Act. 

7 SEC. 3303. MANDATORY EXIT SYSTEM. 

8 (a) ESTABLISHMENT.—Not later than December 31, 

9 2015, the Secretary shall establish a mandatory exit data 

10 system that shall include a requirement for the collection 

11 of data from machine-readable visas, passports, and other 

12 travel and entry documents for all categories of aliens who 

13 are exiting from air and sea ports of entry. 

14 (b) INTEGRATION AND INTEROPERABILITY.— 

15 (1) INTEGRATION OF DATA SYSTEM.—The Sec16 retary shall fully integrate all data from databases 

17 and data systems that process or contain informa18 tion on aliens, which are maintained by— 

19 (A) the Department, at— 

20 (i) the U.S. Immigration and Customs 

21 Enforcement; 

22 (ii) the U.S. Customs and Border 

23 Protection; and 

24 (iii) the U.S. Citizenship and Immi25 gration Services; 


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1 (B) the Department of Justice, at the Ex2 ecutive Office for Immigration Review; and 

3 (C) the Department of State, at the Bu4 reau of Consular Affairs. 

5 (2) INTEROPERABLE COMPONENT.—The fully 

6 integrated data system under paragraph (1) shall be 

7 an interoperable component of the exit data system. 

8 (3) INTEROPERABLE DATA SYSTEM.—The Sec9 retary shall fully implement an interoperable elec10 tronic data system to provide current and immediate 

11 access to information in the databases of Federal 

12 law enforcement agencies and the intelligence com13 munity that is relevant to determine— 

14 (A) whether to issue a visa; or 

15 (B) the admissibility or deportability of an 

16 alien. 

17 (4) TRAINING.—The Secretary shall establish 

18 ongoing training modules on immigration law to im19 prove adjudications at United States ports of entry, 

20 consulates, and embassies. 


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1 SEC. 3304. IDENTITY-THEFT RESISTANT MANIFEST INFOR2 MATION FOR PASSENGERS, CREW, AND NON3 CREW ONBOARD DEPARTING AIRCRAFT AND 

4 VESSELS. 

5 (a) DEFINITIONS.—Except as otherwise specifically 

6 provided, in this section: 

7 (1) IDENTITY-THEFT RESISTANT COLLECTION

8 LOCATION.—The term ‘‘identity-theft resistant col9 lection location’’ means a location within an airport 

10 or seaport— 

11 (A) within the path of the departing alien, 

12 such that the alien would not need to signifi13 cantly deviate from that path to comply with 

14 exit requirements at which air or vessel carrier 

15 employees, as applicable, either present or rou16 tinely available if an alien needs processing as17 sistance; and 

18 (B) which is equipped with technology that 

19 is able to securely transmit identity-theft resist20 ant departure manifest information to the De21 partment. 

22 (2) US-VISIT.—The term ‘‘US-VISIT’’ means 

23 the United States-Visitor and Immigrant Status In24 dicator Technology system. 

25 (b) IDENTITY THEFT RESISTANT MANIFEST INFOR26 MATION.— 


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1 (1) PASSPORT OR VISA COLLECTION REQUIRE2 MENT.—Except as provided in paragraph (c), an ap3 propriate official of each commercial aircraft or ves4 sel departing from the United States to any port or 

5 place outside the United States shall ensure trans6 mission to U.S. Customs and Border Protection of 

7 identity-theft resistant departure manifest informa8 tion covering alien passengers, crew, and non-crew. 

9 Such identity-theft resistant departure manifest in10 formation— 

11 (A) shall be transmitted to U.S. Customs 

12 and Border Protection at the place and time 

13 specified in subparagraph (3) by means ap14 proved by the Secretary; and 

15 (B) shall set forth the information speci16 fied in paragraph (4) or other information as 

17 required by the Secretary. 

18 (2) MANNER OF COLLECTION.—Carriers board19 ing alien passengers, crew, and non-crew subject to 

20 the requirement to provide information upon depar21 ture US-VISIT processing shall collect identity-theft 

22 resistant departure manifest information from each 

23 alien at a collection location at the airport or seaport 

24 before boarding that alien on transportation for de25 parture from the United States, at a time close to 


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1 the originally scheduled departure of that pas2 senger’s aircraft or sea vessel as practicable. 

3 (3) TIME AND MANNER OF SUBMISSION.— 

4 (A) IN GENERAL.—The appropriate official 

5 specified in paragraph (1) shall ensure trans6 mission of the identity-theft resistant departure 

7 manifest information required and collected 

8 under paragraphs (1) and (2) to the Data Cen9 ter or Headquarters U.S. Customs and Border 

10 Protection, or such other data center as may be 

11 designated. 

12 (B) TRANSMISSION.—The biometric depar13 ture information may be transmitted to the De14 partment over any means of communication au15 thorized by the Secretary for the transmission 

16 of other electronic manifest information con17 taining personally identifiable information and 

18 under transmission standards currently applica19 ble to other electronic manifest information. 

20 (C) SUBMISSION ALONG WITH OTHER IN21 FORMATION.—Files containing the identity22 theft resistant departure manifest informa23 tion— 

24 (i) may be sent with other electronic 

25 manifest data prior to departure or may be 


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1 sent separately from any topically related 

2 electronic manifest data; and 

3 (ii) may be sent in batch mode. 

4 (4) INFORMATION REQUIRED.—The identity5 theft resistant departure information required under 

6 paragraphs (1) through (3) for each covered pas7 senger or crew member shall contain alien data from 

8 machine-readable visas, passports, and other travel 

9 and entry documents issued to the alien. 

10 (c) EXCEPTION.—The identity-theft resistant depar11 ture manifest information specified in this section is not 

12 required for any alien active duty military personnel trav13 eling as passengers on board a departing Department of 

14 Defense commercial chartered aircraft. 

15 (d) CARRIER MAINTENANCE AND USE OF IDENTITY16 THEFT RESISTANT DEPARTURE MANIFEST INFORMA17 TION.—Carrier use of identity-theft resistant departure 

18 manifest information for purposes other than as described 

19 in standards set by the Secretary is prohibited. Carriers 

20 shall immediately notify the Chief Privacy Officer of the 

21 Department in writing in event of unauthorized use or ac22 cess, or breach, of identity-theft resistant departure mani23 fest information. 

24 (e) COLLECTION AT SPECIFIED LOCATION.—If the 

25 Secretary determines that an air or vessel carrier has not 


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1 adequately complied with the provisions of this section, the 

2 Secretary may, in the Secretary’s discretion, require the 

3 air or vessel carrier to collect identity-theft resistant de4 parture manifest information at a specific location prior 

5 to the issuance of a boarding pass or other document on 

6 the international departure, or the boarding of crew, in 

7 any port through which the carrier boards aliens for inter8 national departure under the supervision of the Secretary 

9 for such period as the Secretary considers appropriate to 

10 ensure the adequate collection and transmission of biomet11 ric departure manifest information. 

12 (f) FUNDING.—There shall be appropriated to the In13 terior Enforcement Account $500,000,000 to reimburse 

14 carriers for their reasonable actual expenses in carrying 

15 out their duties as described in this section. 

16 (g) DETERMINATION OF BUDGETARY EFFECTS.— 

17 (1) EMERGENCY DESIGNATION FOR CONGRES18 SIONAL ENFORCEMENT.—In the Senate, amounts 

19 made available under this section are designated as 

20 an emergency requirement pursuant to section 

21 403(a) of S. Con. Res. 13 (111th Congress), the 

22 concurrent resolution on the budget for fiscal year 

23 2010. 

24 (2) EMERGENCY DESIGNATION FOR STATUTORY

25 PAYGO.—Amounts made available under this section 


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1 are designated as an emergency requirement under 

2 section 4(g) of the Statutory Pay-As-You-Go Act of 

3 2010 (Public Law 111–139; 2 U.S.C. 933(g)). 

4 SEC. 3305. PROFILING. 

5 (a) PROHIBITION.—In making routine or sponta6 neous law enforcement decisions, such as ordinary traffic 

7 stops, Federal law enforcement officers may not use race 

8 or ethnicity to any degree, except that officers may rely 

9 on race and ethnicity if a specific suspect description ex10 ists. 

11 (b) EXCEPTIONS.— 

12 (1) In conducting activities in connection with 

13 a specific investigation, Federal law enforcement of14 ficers may consider race and ethnicity only to the ex15 tent that there is trustworthy information, relevant 

16 to the locality or time frame, that links persons of 

17 a particular race or ethnicity to an identified crimi18 nal incident, scheme, or organization. This standard 

19 applies even where the use of race or ethnicity might 

20 otherwise be lawful. 

21 (2) In investigating or preventing threats to na22 tional security or other catastrophic events (includ23 ing the performance of duties related to air trans24 portation security), or in enforcing laws protecting 

25 the integrity of the Nation’s borders, Federal law 


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1 enforcement officers may not consider race or eth2 nicity except to the extent permitted by the Con3 stitution and laws of the United States. 

4 (3) DEFINED TERM.—In this section, the term 

5 ‘‘Federal law enforcement officer’’ means any offi6 cer, agent, or employee of the United States author7 ized by law or by a Government agency to engage 

8 in or supervise the prevention, detection, investiga9 tion, or prosecution of any violation of Federal law. 

10 (b) STUDY AND REGULATIONS.— 

11 (1) DATA COLLECTION.—Not later than 180 

12 days after the date of the enactment of this Act, the 

13 Secretary shall begin collecting data regarding the 

14 individualized immigration enforcement activities of 

15 covered Department of Homeland Security officers. 

16 (2) STUDY.—Not later than 180 days after 

17 data collection under paragraph (1) commences, the 

18 Secretary shall complete a study analyzing the data. 

19 (3) REGULATIONS.—Not later than 90 days 

20 after the date the study required by paragraph (2) 

21 is completed, the Secretary, in consultation with the 

22 Attorney General, shall issue regulations regarding 

23 the use of race, ethnicity, and any other suspect 

24 classifications the Secretary deems appropriate by 

25 covered Department of Homeland Security officers. 


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1 (4) REPORTS.—Not later than 30 days after 

2 completion of the study required by paragraph (2), 

3 the Secretary shall submit the study to— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs of the Senate; 

6 (B) the Committee on Homeland Security 

7 of the House of Representatives; 

8 (C) the Committee on Appropriations of 

9 the Senate; 

10 (D) the Committee on Appropriations of 

11 the House of Representatives; 

12 (E) the Committee on the Judiciary of the 

13 Senate; and 

14 (F) the Committee on the Judiciary of the 

15 House of Representatives. 

16 (5) DEFINED TERM.—In this subsection, the 

17 term ‘‘covered Department of Homeland Security of18 ficer’’ means any officer, agent, or employee of 

19 United States Customs and Border Protection, 

20 United States Immigration and Customs Enforce21 ment, or the Transportation Security Administra22 tion. 


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1 Subtitle D—Asylum and Refugee 

2 Provisions 

3 SEC. 3401. TIME LIMITS AND EFFICIENT ADJUDICATION OF 

4 GENUINE ASYLUM CLAIMS. 

5 Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend6 ed— 

7 (1) in subparagraph (A), by inserting ‘‘or the 

8 Secretary of Homeland Security’’ after ‘‘Attorney 

9 General’’ both places such term appears; 

10 (2) by striking subparagraphs (B) and (D); 

11 (3) by redesignating subparagraph (C) as sub12 paragraph (B); 

13 (4) in subparagraph (B), as redesignated, by 

14 striking ‘‘subparagraph (D)’’ and inserting ‘‘sub15 paragraphs (C) and (D)’’; and 

16 (5) by inserting after subparagraph (B), as re17 designated, the following: 

18 ‘‘(C) CHANGED CIRCUMSTANCES.—Not19 withstanding subparagraph (B), an application 

20 for asylum of an alien may be considered if the 

21 alien demonstrates, to the satisfaction of the 

22 Attorney General or the Secretary of Homeland 

23 Security, the existence of changed cir24 cumstances that materially affect the appli25 cant’s eligibility for asylum. 


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1 ‘‘(D) MOTION TO REOPEN CERTAIN MERI2 TORIOUS CLAIMS.—Notwithstanding subpara3 graph (B) or section 240(c)(7), an alien may 

4 file a motion to reopen an asylum claim during 

5 the 2-year period beginning on the date of the 

6 enactment of the Border Security, Economic 

7 Opportunity, and Immigration Modernization 

8 Act if the alien— 

9 ‘‘(i) was denied asylum based solely 

10 upon a failure to meet the 1-year applica11 tion filing deadline in effect on the date on 

12 which the application was filed; 

13 ‘‘(ii) was granted withholding of re14 moval pursuant to section 241(b)(3) and 

15 has not obtained lawful permanent resi16 dence in the United States pursuant to any 

17 other provision of law; 

18 ‘‘(iii) is not subject to the safe third 

19 country exception in subsection (a)(2)(A) 

20 or a bar to asylum under subsection (b)(2) 

21 and should not be denied asylum as a mat22 ter of discretion; and 

23 ‘‘(iv) is physically present in the 

24 United States when the motion is filed.’’. 


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1 SEC. 3402. REFUGEE FAMILY PROTECTIONS. 

2 (a) CHILDREN OF REFUGEE OR ASYLEE SPOUSES

3 AND CHILDREN.—A child of an alien who qualifies for ad4 mission as a spouse or child under section 207(c)(2)(A) 

5 or 208(b)(3) of the Immigration and Nationality Act (8 

6 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to 

7 the same admission status as such alien if the child— 

8 (1) is accompanying or following to join such 

9 alien; and 

10 (2) is otherwise eligible under section 

11 207(c)(2)(A) or 208(b)(3) of the Immigration and 

12 Nationality Act. 

13 SEC. 3403. CLARIFICATION ON DESIGNATION OF CERTAIN 

14 REFUGEES. 

15 Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is amend16 ed— 

17 (1) by inserting ‘‘(A)’’ before ‘‘Subject to the 

18 numerical limitations’’; and 

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

20 ‘‘(B)(i) The President, upon a recommendation of the 

21 Secretary of State made in consultation with the Secretary 

22 of Homeland Security, and after appropriate consultation, 

23 may designate specifically defined groups of aliens— 

24 ‘‘(I) whose resettlement in the United States is 

25 justified by humanitarian concerns or is otherwise in 

26 the national interest; and 


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1 ‘‘(II) who— 

2 ‘‘(aa) share common characteristics that 

3 identify them as targets of persecution on ac4 count of race, religion, nationality, membership 

5 in a particular social group, or political opinion; 

6 or 

7 ‘‘(bb) having been identified as targets as 

8 described in item (aa), share a common need 

9 for resettlement due to a specific vulnerability. 

10 ‘‘(ii) An alien who establishes membership in a group 

11 designated under clause (i) to the satisfaction of the Sec12 retary of Homeland Security shall be considered a refugee 

13 for purposes of admission as a refugee under this section 

14 unless the Secretary determines that such alien ordered, 

15 incited, assisted, or otherwise participated in the persecu16 tion of any person on account of race, religion, nationality, 

17 membership in a particular social group, or political opin18 ion. 

19 ‘‘(iii) A designation under clause (i) is for purposes 

20 of adjudicatory efficiency and may be revoked by the 

21 President at any time after notification to Congress. 

22 ‘‘(iv) Categories of aliens established under section 

23 599D of the Foreign Operations, Export Financing, and 

24 Related Programs Appropriations Act, 1990 (Public Law 

25 101–167; 8 U.S.C. 1157 note)— 


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1 ‘‘(I) shall be designated under clause (i) until 

2 the end of the first fiscal year commencing after the 

3 date of the enactment of the Border Security, Eco4 nomic Opportunity, and Immigration Modernization 

5 Act; and 

6 ‘‘(II) shall be eligible for designation thereafter 

7 at the discretion of the President, considering, 

8 among other factors, whether a country under con9 sideration has been designated by the Secretary of 

10 State as a ‘Country of Particular Concern’ for en11 gaging in or tolerating systematic, ongoing, and 

12 egregious violations of religious freedom. 

13 ‘‘(v) A designation under clause (i) shall not influence 

14 decisions to grant, to any alien, asylum under section 208, 

15 protection under section 241(b)(3), or protection under 

16 the Convention Against Torture and Other Cruel, Inhu17 man or Degrading Treatment or Punishment, done at 

18 New York December 10, 1984. 

19 ‘‘(vi) A decision to deny admission under this section 

20 to an alien who establishes to the satisfaction of the Sec21 retary that the alien is a member of a group designated 

22 under clause (i) shall— 

23 ‘‘(I) be in writing; and 

24 ‘‘(II) state, to the maximum extent feasible, the 

25 reason for the denial. 


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1 ‘‘(vii) Refugees admitted pursuant to a designation 

2 under clause (i) shall be subject to the number of admis3 sions under this section.’’. 

4 SEC. 3404. ASYLUM DETERMINATION EFFICIENCY. 

5 Section 235(b)(1)(B)(ii) (8 U.S.C. 1225(b)(1)(B)(ii)) 

6 is amended— 

7 (1) by striking ‘‘asylum.’’ and inserting ‘‘asy8 lum by an asylum officer. The asylum officer, after 

9 conducting a nonadversarial asylum interview and 

10 seeking supervisory review, may grant asylum to the 

11 alien under section 208 or refer the case to a des12 ignee of the Attorney General, for a de novo asylum 

13 determination, for relief under the Convention 

14 Against Torture and Other Cruel, Inhuman or De15 grading Treatment or Punishment, done at New 

16 York December 10, 1984, or for protection under 

17 section 241(b)(3).’’. 

18 SEC. 3405. STATELESS PERSONS IN THE UNITED STATES. 

19 (a) IN GENERAL.—Chapter 1 of title II (8 U.S.C. 

20 1151 et seq.) is amended by adding at the end the fol21 lowing: 

22 ‘‘SEC. 210A. PROTECTION OF CERTAIN STATELESS PER23 SONS IN THE UNITED STATES. 

24 ‘‘(a) STATELESS PERSONS.— 


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1 ‘‘(1) IN GENERAL.—In this section, the term 

2 ‘stateless person’ means an individual who is not 

3 considered a national under the operation of the 

4 laws of any country. 

5 ‘‘(2) DESIGNATION OF SPECIFIC STATELESS

6 GROUPS.—The Secretary of Homeland Security, in 

7 consultation with the Secretary of State, may, in the 

8 discretion of the Secretary, designate specific groups 

9 of individuals who are considered stateless persons, 

10 for purposes of this section. 

11 ‘‘(b) STATUS OF STATELESS PERSONS.— 

12 ‘‘(1) RELIEF FOR CERTAIN INDIVIDUALS DE13 TERMINED TO BE STATELESS PERSONS.—The Sec14 retary of Homeland Security or the Attorney Gen15 eral may, in his or her discretion, provide conditional 

16 lawful status to an alien who is otherwise inadmis17 sible or deportable from the United States if the 

18 alien— 

19 ‘‘(A) is a stateless person present in the 

20 United States; 

21 ‘‘(B) applies for such relief; 

22 ‘‘(C) has not lost his or her nationality as 

23 a result of his or her voluntary action or know24 ing inaction after arrival in the United States; 


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1 ‘‘(D) except as provided in paragraphs (2) 

2 and (3), is not inadmissible under section 

3 212(a); and 

4 ‘‘(E) is not described in section 

5 241(b)(3)(B)(i). 

6 ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI7 SIONS.—The provisions under paragraphs (4), (5), 

8 (7), and (9)(B) of section 212(a) shall not apply to 

9 any alien seeking relief under paragraph (1). 

10 ‘‘(3) WAIVER.—The Secretary or the Attorney 

11 General may waive any other provisions of such sec12 tion, other than subparagraphs (B), (C), (D)(ii), 

13 (E), (G), (H), or (I) of paragraph (2), paragraph 

14 (3), paragraph (6)(C)(i) (with respect to misrepre15 sentations relating to the application for relief under 

16 paragraph (1)), or subparagraphs (A), (C), (D), or 

17 (E) of paragraph (10) of section 212(a), with re18 spect to such an alien for humanitarian purposes, to 

19 assure family unity, or if it is otherwise in the public 

20 interest. 

21 ‘‘(4) SUBMISSION OF PASSPORT OR TRAVEL

22 DOCUMENT.—Any alien who seeks relief under this 

23 section shall submit to the Secretary of Homeland 

24 Security or the Attorney General— 


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1 ‘‘(A) any available passport or travel docu2 ment issued at any time to the alien (whether 

3 or not the passport or document has expired or 

4 been cancelled, rescinded, or revoked); or 

5 ‘‘(B) an affidavit, sworn under penalty of 

6 perjury— 

7 ‘‘(i) stating that the alien has never 

8 been issued a passport or travel document; 

9 or 

10 ‘‘(ii) identifying with particularity any 

11 such passport or travel document and ex12 plaining why the alien cannot submit it. 

13 ‘‘(5) WORK AUTHORIZATION.—The Secretary of 

14 Homeland Security may authorize an alien who has 

15 applied for and is found prima facie eligible for or 

16 been granted relief under paragraph (1) to engage 

17 in employment in the United States. 

18 ‘‘(6) TRAVEL DOCUMENTS.—The Secretary may 

19 issue appropriate travel documents to an alien who 

20 has been granted relief under paragraph (1) that 

21 would allow him or her to travel abroad and be ad22 mitted to the United States upon return, if other23 wise admissible. 

24 ‘‘(7) TREATMENT OF SPOUSE AND CHIL25 DREN.—The spouse or child of an alien who has 


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1 been granted conditional lawful status under para2 graph (1) shall, if not otherwise eligible for admis3 sion under paragraph (1), be granted conditional 

4 lawful status under this section if accompanying, or 

5 following to join, such alien if— 

6 ‘‘(A) the spouse or child is admissible (ex7 cept as otherwise provided in paragraphs (2) 

8 and (3)) and is not described in section 

9 241(b)(3)(B)(i); and 

10 ‘‘(B) the qualifying relationship to the 

11 principal beneficiary existed on the date on 

12 which such alien was granted conditional lawful 

13 status. 

14 ‘‘(c) ADJUSTMENT OF STATUS.— 

15 ‘‘(1) INSPECTION AND EXAMINATION.—At the 

16 end of the 1-year period beginning on the date on 

17 which an alien has been granted conditional lawful 

18 status under subsection (b), the alien may apply for 

19 lawful permanent residence in the United States if— 

20 ‘‘(A) the alien has been physically present 

21 in the United States for at least 1 year; 

22 ‘‘(B) the alien’s conditional lawful status 

23 has not been terminated by the Secretary of 

24 Homeland Security or the Attorney General, 


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1 pursuant to such regulations as the Secretary 

2 or the Attorney General may prescribe; and 

3 ‘‘(C) the alien has not otherwise acquired 

4 permanent resident status. 

5 ‘‘(2) REQUIREMENTS FOR ADJUSTMENT OF

6 STATUS.—The Secretary of Homeland Security or 

7 the Attorney General, under such regulations as the 

8 Secretary or the Attorney General may prescribe, 

9 may adjust the status of an alien granted condi10 tional lawful status under subsection (b) to that of 

11 an alien lawfully admitted for permanent residence 

12 if such alien— 

13 ‘‘(A) is a stateless person; 

14 ‘‘(B) properly applies for such adjustment 

15 of status; 

16 ‘‘(C) has been physically present in the 

17 United States for at least 1 year after being 

18 granted conditional lawful status under sub19 section (b); 

20 ‘‘(D) is not firmly resettled in any foreign 

21 country; and 

22 ‘‘(E) is admissible (except as otherwise 

23 provided under paragraph (2) or (3) of sub24 section (b)) as an immigrant under this chapter 


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1 at the time of examination of such alien for ad2 justment of status. 

3 ‘‘(3) RECORD.—Upon approval of an applica4 tion under this subsection, the Secretary of Home5 land Security or the Attorney General shall establish 

6 a record of the alien’s admission for lawful perma7 nent residence as of the date that is 1 year before 

8 the date of such approval. 

9 ‘‘(4) NUMERICAL LIMITATION.—The number of 

10 aliens who may receive an adjustment of status 

11 under this section for a fiscal year shall be subject 

12 to the numerical limitation of section 203(b)(4). 

13 ‘‘(d) PROVING THE CLAIM.—In determining an 

14 alien’s eligibility for lawful conditional status or adjust15 ment of status under this subsection, the Secretary of 

16 Homeland Security or the Attorney General shall consider 

17 any credible evidence relevant to the application. The de18 termination of what evidence is credible and the weight 

19 to be given that evidence shall be within the sole discretion 

20 of the Secretary or the Attorney General. 

21 ‘‘(e) REVIEW.— 

22 ‘‘(1) ADMINISTRATIVE REVIEW.—No appeal 

23 shall lie from the denial of an application by the 

24 Secretary, but such denial will be without prejudice 


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1 to the alien’s right to renew the application in pro2 ceedings under section 240. 

3 ‘‘(2) MOTIONS TO REOPEN.—Notwithstanding 

4 any limitation imposed by law on motions to reopen 

5 removal, deportation, or exclusion proceedings, any 

6 individual who is eligible for relief under this section 

7 may file a motion to reopen proceedings in order to 

8 apply for relief under this section. Any such motion 

9 shall be filed within 2 years of the date of the enact10 ment of the Border Security, Economic Opportunity, 

11 and Immigration Modernization Act. 

12 ‘‘(f) LIMITATION.— 

13 ‘‘(1) APPLICABILITY.—The provisions of this 

14 section shall only apply to aliens present in the 

15 United States. 

16 ‘‘(2) SAVINGS PROVISION.—Nothing in this sec17 tion may be construed to authorize or require— 

18 ‘‘(A) the admission of any alien to the 

19 United States; 

20 ‘‘(B) the parole of any alien into the 

21 United States; or 

22 ‘‘(C) the grant of any motion to reopen or 

23 reconsider filed by an alien after departure or 

24 removal from the United States.’’. 


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1 (b) JUDICIAL REVIEW.—Section 242(a)(2)(B)(ii) (8 

2 U.S.C. 1252(a)(2)(B)(ii)) is amended by striking 

3 ‘‘208(a).’’ and inserting ‘‘208(a) or 210A.’’. 

4 (c) CONFORMING AMENDMENT.—Section 203(b)(4) 

5 (8 U.S.C. 1153(b)(4)) is amended by inserting ‘‘to aliens 

6 granted an adjustment of status under section 210A(c) 

7 or’’ after ‘‘level,’’. 

8 (d) CLERICAL AMENDMENT.—The table of contents 

9 for the Immigration and Nationality Act is amended by 

10 inserting after the item relating to section 210 the fol11 lowing: 

‘‘Sec. 210A. Protection of stateless persons in the United States.’’. 

12 SEC. 3406. U VISA ACCESSIBILITY. 

13 Section 214(p)(2)(A) (8 U.S.C. 1184(p)(2)(A)) is 

14 amended by striking ‘‘10,000.’’ and inserting ‘‘18,000, of 

15 which not more than 3,000 visas may be issued for aliens 

16 who are victims of a covered violation described in section 

17 101(a)(15)(U).’’. 

18 SEC. 3407. REPRESENTATION AT OVERSEAS REFUGEE 

19 INTERVIEWS. 

20 Section 207(c) (8 U.S.C. 1157(c)) is amended by 

21 adding at the end the following: 

22 ‘‘(5) The adjudicator of an application for ref23 ugee status under this section shall consider all rel24 evant evidence and maintain a record of the evidence 

25 considered. 


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1 ‘‘(6) An applicant for refugee status may be 

2 represented, including at a refugee interview, at no 

3 expense to the Government, by an attorney or ac4 credited representative who— 

5 ‘‘(A) was chosen by the applicant; and 

6 ‘‘(B) is authorized by the Secretary of 

7 Homeland Security to be recognized as the rep8 resentative of such applicant in an adjudication 

9 under this section. 

10 ‘‘(7)(A) A decision to deny an application for 

11 refugee status under this section— 

12 ‘‘(i) shall be in writing; and 

13 ‘‘(ii) shall provide, to the maximum extent 

14 feasible, information on the reason for the de15 nial, including— 

16 ‘‘(I) the facts underlying the deter17 mination; and 

18 ‘‘(II) whether there is a waiver of in19 admissibility available to the applicant. 

20 ‘‘(B) The basis of any negative credibility find21 ing shall be part of the written decision. 

22 ‘‘(8)(A) An applicant who is denied refugee sta23 tus under this section may file a request with the 

24 Secretary for a review of his or her application not 

25 later than 120 days after such denial. 


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1 ‘‘(B) A request filed under subparagraph (A) 

2 shall be adjudicated by refugee officers who have re3 ceived training on considering requests for review of 

4 refugee applications that have been denied. 

5 ‘‘(C) The Secretary shall publish the standard 

6 applied to a request for review. 

7 ‘‘(D) A request for review may result in the de8 cision being granted, denied, or reopened for a fur9 ther interview. 

10 ‘‘(E) A decision on a request for review under 

11 this paragraph— 

12 ‘‘(i) shall be in writing; and 

13 ‘‘(ii) shall provide, to the maximum extent 

14 feasible, information on the reason for the de15 nial.’’. 

16 Subtitle E—Shortage of Immigra17 tion Court Resources for Re18 moval Proceedings 

19 SEC. 3501. SHORTAGE OF IMMIGRATION COURT PER20 SONNEL FOR REMOVAL PROCEEDINGS. 

21 (a) IMMIGRATION COURT JUDGES.—The Attorney 

22 General shall increase the total number of immigration 

23 judges to adjudicate current pending cases and efficiently 

24 process future cases by at least— 

25 (1) 75 in fiscal year 2014; 


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1 (2) 75 in fiscal year 2015; and 

2 (3) 75 in fiscal year 2016. 

3 (b) NECESSARY SUPPORT STAFF FOR IMMIGRATION

4 COURT JUDGES.—The Attorney General shall address the 

5 shortage of support staff for immigration judges by ensur6 ing that each immigration judge has the assistance of the 

7 necessary support staff, including the equivalent of 1 staff 

8 attorney or law clerk and 1 legal assistant. 

9 (c) ANNUAL INCREASES IN BOARD OF IMMIGRATION

10 APPEALS PERSONNEL.—The Attorney General shall in11 crease the number of Board of Immigration Appeals staff 

12 attorneys (including the necessary additional support 

13 staff) to efficiently process cases by at least— 

14 (1) 30 in fiscal year 2014; 

15 (2) 30 in fiscal year 2015; and 

16 (3) 30 in fiscal year 2016. 

17 (d) FUNDING.—There shall be appropriated, from 

18 the Comprehensive Immigration Reform Trust Fund es19 tablished under section 6(a)(1), such sums as may be nec20 essary to carry out this section. 

21 SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY 

22 AND REDUCING COSTS BY INCREASING AC23 CESS TO LEGAL INFORMATION. 

24 (a) CLARIFICATION REGARDING THE AUTHORITY OF

25 THE ATTORNEY GENERAL TO APPOINT COUNSEL TO


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1 ALIENS IN IMMIGRATION PROCEEDINGS.—Section 292 (8 

2 U.S.C. 1362) is amended— 

3 (1) by inserting ‘‘(a)’’ before ‘‘In any’’; 

4 (2) by striking ‘‘(at no expense to the Govern5 ment)’’; 

6 (3) by striking ‘‘he shall’’ and inserting ‘‘the 

7 person shall’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(b) The Government is not required to provide coun10 sel to aliens under subsection (a). However, the Attorney 

11 General may, in the Attorney General’s sole and 

12 unreviewable discretion, appoint or provide counsel to 

13 aliens in immigration proceedings conducted under section 

14 240 of this Act.’’. 

15 (b) APPOINTMENT OF COUNSEL IN CERTAIN

16 CASES.—Section 240(b)(4) (8 U.S.C. 1229a(b)(4)) is 

17 amended— 

18 (1) in subparagraph (A), by striking ‘‘, at no 

19 expense to the Government,’’; and 

20 (2) by adding at the end the following: ‘‘The 

21 Government is not required to provide counsel to 

22 aliens under this paragraph. However, the Attorney 

23 General may, in the Attorney General’s sole and 

24 unreviewable discretion, appoint or provide counsel 


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1 at government expense to aliens in immigration pro2 ceedings.’’. 

3 (c) APPOINTMENT OF COUNSEL FOR UNACCOM4 PANIED ALIEN CHILDREN AND ALIENS WITH A SERIOUS

5 MENTAL DISABILITY.—Section 292 (8 U.S.C. 1362), as 

6 amended by subsection (a), is further amended by adding 

7 at the end the following: 

8 ‘‘(c) Notwithstanding subsection (b), the Attorney 

9 General shall appoint counsel, at the expense of the Gov10 ernment, if necessary, to represent an alien in a removal 

11 proceeding who has been determined by the Secretary to 

12 be an unaccompanied alien child, is incompetent to rep13 resent himself or herself due to a serious mental disability 

14 that would be included in section 3(2) of the Americans 

15 with Disabilities Act of 1990 (42 U.S.C. 12102(2)), or is 

16 considered particularly vulnerable when compared to other 

17 aliens in removal proceedings, such that the appointment 

18 of counsel is necessary to help ensure fair resolution and 

19 efficient adjudication of the proceedings.’’. 

20 (d) FUNDING.—There shall be appropriated, from 

21 the Comprehensive Immigration Reform Trust Fund es22 tablished under section 6(a)(1), such sums as may be nec23 essary to carry out this section and the amendments made 

24 by this section. 


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1 SEC. 3503. OFFICE OF LEGAL ACCESS PROGRAMS. 

2 (a) ESTABLISHMENT OF OFFICE OF LEGAL ACCESS

3 PROGRAMS.—The Attorney General shall establish within 

4 the Executive Office for Immigration Review an Office of 

5 Legal Access Programs to develop and administer a sys6 tem of legal orientation programs to make immigration 

7 proceedings more efficient and cost effective by educating 

8 aliens regarding administrative procedures and legal 

9 rights under United States immigration law and to estab10 lish other programs to assist in providing aliens access to 

11 legal information. 

12 (b) LEGAL ORIENTATION PROGRAMS.—The legal ori13 entation programs— 

14 (1) shall provide programs to assist detained 

15 aliens in making informed and timely decisions re16 garding their removal and eligibility for relief from 

17 removal in order to increase efficiency and reduce 

18 costs in immigration proceedings and Federal cus19 tody processes and to improve access to counsel and 

20 other legal services; 

21 (2) may provide services to detained aliens in 

22 immigration proceedings under sections 235, 238, 

23 240, and 241(a)(5) of the Immigration and Nation24 ality Act (8 U.S.C. 1225, 1228, 1229a, and 

25 1231(a)(5)) and to other aliens in immigration and 

26 asylum proceedings under sections 235, 238, and 


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1 240 of the Immigration and Nationality Act (8 

2 U.S.C. 1225, 1228, and 1229a); and 

3 (3) shall identify unaccompanied alien children, 

4 aliens with a serious mental disability, and other 

5 particularly vulnerable aliens for consideration by 

6 the Attorney General pursuant to section 292(c) of 

7 the Immigration and Nationality Act, as added by 

8 section 3502(c). 

9 (c) PROCEDURES.—The Secretary shall establish pro10 cedures that ensure that legal orientation programs are 

11 available for all detained aliens within 5 days of arrival 

12 into custody and to inform such aliens of the basic proce13 dures of immigration hearings, their rights relating to 

14 those hearings under the immigration laws, information 

15 that may deter such aliens from filing frivolous legal 

16 claims, and any other information deemed appropriate by 

17 the Attorney General, such as a contact list of potential 

18 legal resources and providers. 

19 (d) RULE OF CONSTRUCTION.—Nothing in this sub20 section shall be construed to create any substantive or pro21 cedural right or benefit that is legally enforceable by any 

22 party against the United States or its agencies or officers 

23 or any other person. 

24 (e) FUNDING.—There shall be appropriated, from the 

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1 lished under section 6(a)(1), such sums as may be nec2 essary to carry out this section. 

3 SEC. 3504. CODIFYING BOARD OF IMMIGRATION APPEALS. 

4 (a) DEFINITION OF BOARD MEMBER.—Section 

5 101(a) (8 U.S.C. 1101(a)) is amended by adding at the 

6 end the following: 

7 ‘‘(53) The term ‘Board Member’ means an at8 torney whom the Attorney General appoints as an 

9 administrative judge within the Executive Office for 

10 Immigration Review to serve on the Board of Immi11 gration Appeals, qualified to review decisions of im12 migration judges and other matters within the juris13 diction of the Board of Immigration Appeals.’’. 

14 (b) BOARD OF IMMIGRATION APPEALS.—Section 

15 240(a)(1) (8 U.S.C. 1229a(a)(1)) is amended by adding 

16 at the end the following: ‘‘The Board of Immigration Ap17 peals and its Board Members shall review decisions of im18 migration judges under this section.’’. 

19 (c) APPEALS.—Section 240(b)(4) (8 U.S.C. 

20 1229a(b)(4)), as amended by section 3502(b), is further 

21 amended— 

22 (1) in subparagraph (B), by striking ‘‘, and’’ 

23 and inserting a semicolon; 

24 (2) in subparagraph (C), by striking the period 

25 and inserting ‘‘; and’’; and 


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1 (3) by inserting after subparagraph (C) the fol2 lowing: 

3 ‘‘(D) the alien may appeal the immigration 

4 judge’s decision to a 3-judge panel of the Board 

5 of Immigration Appeals.’’. 

6 (d) DECISION AND BURDEN OF PROOF.—Section 

7 240(c)(1)(A) (8 U.S.C. 1229a(c)(1)(A)) is amended to 

8 read as follows: 

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

10 the proceeding, the immigration judge shall de11 cide whether an alien is removable from the 

12 United States. The determination of the immi13 gration judge shall be based only on the evi14 dence produced at the hearing. On appeal, the 

15 Board of Immigration Appeals shall issue a 

16 written opinion. The opinion shall address all 

17 dispositive arguments raised by the parties. The 

18 panel may incorporate by reference the opinion 

19 of the immigration judge whose decision is 

20 being reviewed, provided that the panel also ad21 dresses any arguments made by the nonpre22 vailing party regarding purported errors of law, 

23 fact, or discretion.’’. 


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1 SEC. 3505. IMPROVED TRAINING FOR IMMIGRATION 

2 JUDGES AND BOARD MEMBERS. 

3 (a) IN GENERAL.—Section 240 (8 U.S.C. 1229a) is 

4 amended by adding at the end the following: 

5 ‘‘(f) IMPROVED TRAINING.— 

6 ‘‘(1) IMPROVED TRAINING FOR IMMIGRATION

7 JUDGES AND BOARD MEMBERS.— 

8 ‘‘(A) IN GENERAL.—In consultation with 

9 the Attorney General and the Director of the 

10 Federal Judicial Center, the Director of the Ex11 ecutive Office for Immigration Review shall re12 view and modify, as appropriate, training pro13 grams for immigration judges and Board Mem14 bers. 

15 ‘‘(B) ELEMENTS OF REVIEW.—Each such 

16 review shall study— 

17 ‘‘(i) the expansion of the training pro18 gram for new immigration judges and 

19 Board Members; 

20 ‘‘(ii) continuing education regarding 

21 current developments in the field of immi22 gration law; and 

23 ‘‘(iii) methods to ensure that immigra24 tion judges are trained on properly crafting 

25 and dictating decisions. 


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1 ‘‘(2) IMPROVED TRAINING AND GUIDANCE FOR

2 STAFF.—The Director of the Executive Office for 

3 Immigration Review shall— 

4 ‘‘(A) modify guidance and training regard5 ing screening standards and standards of re6 view; and 

7 ‘‘(B) ensure that Board Members provide 

8 staff attorneys with appropriate guidance in 

9 drafting decisions in individual cases, consistent 

10 with the policies and directives of the Director 

11 of the Executive Office for Immigration Review 

12 and the Chairman of the Board of Immigration 

13 Appeals.’’. 

14 (b) FUNDING.—There shall be appropriated, from the 

15 Comprehensive Immigration Reform Trust Fund estab16 lished under section 6(a)(1), such sums as may be nec17 essary to carry out this section and the amendment made 

18 by this section. 

19 SEC. 3506. IMPROVED RESOURCES AND TECHNOLOGY FOR 

20 IMMIGRATION COURTS AND BOARD OF IMMI21 GRATION APPEALS. 

22 (a) IMPROVED ON-BENCH REFERENCE MATERIALS

23 AND DECISION TEMPLATES.—The Director of the Execu24 tive Office for Immigration Review shall ensure that immi25 gration judges are provided with updated reference mateVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 rials and standard decision templates that conform to the 

2 law of the circuits in which they sit. 

3 (b) PRACTICE MANUAL.—The Director of the Execu4 tive Office for Immigration Review shall produce a prac5 tice manual describing best practices for the immigration 

6 courts and shall make such manual available electronically 

7 to counsel and litigants who appear before the immigra8 tion courts. 

9 (c) RECORDING SYSTEM AND OTHER TECH10 NOLOGIES.— 

11 (1) PLAN REQUIRED.—The Director of the Ex12 ecutive Office for Immigration Review shall provide 

13 the Attorney General with a plan and a schedule to 

14 replace the immigration courts’ tape recording sys15 tem with a digital recording system that is compat16 ible with the information management systems of 

17 the Executive Office for Immigration Review. 

18 (2) AUDIO RECORDING SYSTEM.—Consistent 

19 with the plan described in paragraph (1), the Direc20 tor shall pilot a digital audio recording system not 

21 later than 1 year after the enactment of this Act, 

22 and shall begin nationwide implementation of that 

23 system as soon as practicable. 

24 (d) IMPROVED TRANSCRIPTION SERVICES.—Not 

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1 rector of the Executive Office for Immigration Review 

2 shall report to the Attorney General on the current tran3 scription services utilized by the Office and recommend 

4 improvements to this system regarding quality and timeli5 ness of transcription. 

6 (e) IMPROVED INTERPRETER SELECTION.—Not later 

7 than 1 year after the enactment of this Act, the Director 

8 of the Executive Office for Immigration Review shall re9 port to the Attorney General on the current interpreter 

10 selection process utilized by the Office and recommend im11 provements to this process regarding screening, hiring, 

12 certification, and evaluation of staff and contract inter13 preters. 

14 (f) FUNDING.—There shall be appropriated, from the 

15 Comprehensive Immigration Reform Trust Fund estab16 lished under section 6(a)(1), such sums as may be nec17 essary to carry out this section. 

18 Subtitle F—Prevention of Traf19 ficking in Persons and Abuses 

20 Involving Workers Recruited 

21 Abroad 

22 SEC. 3601. DEFINITIONS. 

23 (a) IN GENERAL.—Except as otherwise provided by 

24 this subtitle, the terms used in this subtitle shall have the 

25 same meanings, respectively, as are given those terms in 


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1 section 3 of the Fair Labor Standards Act of 1938 (29 

2 U.S.C. 203). 

3 (b) OTHER DEFINITIONS.— 

4 (1) FOREIGN LABOR CONTRACTOR.—The term 

5 ‘‘foreign labor contractor’’ means any person who 

6 performs any foreign labor contracting activity, in7 cluding any person who performs foreign labor con8 tracting activity wholly outside of the United States, 

9 except that the term does not include any entity of 

10 the United States Government. 

11 (2) FOREIGN LABOR CONTRACTING ACTIVITY.— 

12 The term ‘‘foreign labor contracting activity’’ means 

13 recruiting, soliciting, hiring, employing, sponsoring, 

14 managing, furnishing, processing visa applications 

15 for, transporting, or housing an individual who re16 sides outside of the United States in furtherance of 

17 employment in the United States, including when 

18 such activity occurs wholly outside of the United 

19 States. 

20 (3) PERSON.—The term ‘‘person’’ means any 

21 natural person or any corporation, company, firm, 

22 partnership, joint stock company or association or 

23 other organization or entity (whether organized 

24 under law or not), including municipal corporations. 


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1 (4) SECRETARY.—The term the ‘‘Secretary’’ 

2 means the Secretary of Labor. 

3 (5) WORKER.—the term ‘‘worker’’ means an in4 dividual or exchange visitor who is the subject of for5 eign labor contracting activity. 

6 SEC. 3602. DISCLOSURE. 

7 (a) REQUIREMENT FOR DISCLOSURE.—Any person 

8 who engages in foreign labor contracting activity shall as9 certain and disclose in writing in English and in the pri10 mary language of the worker at the time of the worker’s 

11 recruitment, the following information: 

12 (1) The identity and address of the employer 

13 and the identity and address of the person con14 ducting the recruiting on behalf of the employer, in15 cluding any subcontractor or agent involved in such 

16 recruiting. 

17 (2) All assurances and terms and conditions of 

18 employment, from the prospective employer for 

19 whom the worker is being recruited, including the 

20 work hours, level of compensation to be paid, the 

21 place and period of employment, a description of the 

22 type and nature of employment activities, any 

23 withholdings or deductions from compensation and 

24 any penalties for terminating employment. 


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1 (3) A signed copy of the work contract between 

2 the worker and the employer. 

3 (4) The type of visa under which the foreign 

4 worker is to be employed, the length of time for 

5 which the visa will be valid and the terms and condi6 tions under which this visa will be renewed with a 

7 clear statement of whether the employer will secure 

8 renewal of this visa or if renewal must be obtained 

9 by the worker and any expenses associated with se10 curing or renewing the visa. 

11 (5) An itemized list of any costs or expenses to 

12 be charged to the worker and any deductions to be 

13 taken from wages, including any costs for housing or 

14 accommodation, transportation to and from the 

15 worksite, meals, health insurance, workers’ com16 pensation, costs of benefits provided, medical exami17 nations, healthcare, tools, or safety equipment costs. 

18 (6) The existence of any labor organizing effort, 

19 strike, lockout, or other labor dispute at the place of 

20 employment. 

21 (7) Whether and the extent to which workers 

22 will be compensated through workers’ compensation, 

23 private insurance, or otherwise for injuries or death, 

24 including work related injuries and death, during the 

25 period of employment and, if so, the name of the 


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1 State workers’ compensation insurance carrier or the 

2 name of the policyholder of the private insurance, 

3 the name and the telephone number of each person 

4 who must be notified of an injury or death, and the 

5 time period within which such notice must be given. 

6 (8) A statement, in a form specified by the Sec7 retary— 

8 (A) stating that— 

9 (i) no foreign labor contractor, agent, 

10 or employee of a foreign labor contractor, 

11 may lawfully assess any fee (including visa 

12 fees, processing fees, transportation fees, 

13 legal expenses, placement fees, and other 

14 costs) to a worker for any foreign labor 

15 contracting activity; and 

16 (ii) the employer may bear such costs 

17 or fees for the foreign labor contractor, but 

18 that these fees cannot be passed along to 

19 the worker; and 

20 (B) explaining that— 

21 (i) no additional requirements or 

22 changes may be made from the terms of 

23 the contract originally signed by the work24 er unless the worker is provided at least 48 


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1 hours to review and consider the additional 

2 requirements or changes; 

3 (ii) no such additional requirements or 

4 changes may be made to the original con5 tract signed by the worker without the spe6 cific consent of the worker to each such 

7 additional requirement or change; and 

8 (iii) such consent shall be obtained 

9 voluntarily and without threat of penalty 

10 and if not so obtained will be a violation of 

11 law subject to the provisions of section 

12 3611; 

13 (C) describing the protections afforded the 

14 worker by this section and by section 202 of the 

15 William Wilberforce Trafficking Victims Protec16 tion Reauthorization Act of 2008 (8 U.S.C. 

17 1375b) and any applicable visa program, in18 cluding— 

19 (i) relevant information about the pro20 cedure for filing a complaint provided for 

21 in section 3611 and 

22 (ii) the telephone number for the na23 tional human trafficking resource center 

24 hotline number. 


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1 (9) Any education or training to be provided or 

2 required, including the nature, timing and cost of 

3 such training and the person who will pay such 

4 costs, whether the training is a condition of employ5 ment, continued employment, or future employment; 

6 and whether the worker will be paid or remunerated 

7 during the training period, including the rate of pay. 

8 (10) Any other information that the Secretary 

9 may require by regulation. 

10 (b) RELATIONSHIP TO LABOR AND EMPLOYMENT

11 LAWS.—Nothing in the disclosure required by subsection 

12 (a) shall constitute a legal conclusion as to the worker’s 

13 status or rights under the labor and employment laws. 

14 (c) PROHIBITION ON FALSE AND MISLEADING IN15 FORMATION.—No foreign labor contractor or employer 

16 who engages in any foreign labor contracting activity shall 

17 knowingly provide materially false or misleading informa18 tion to any worker concerning any matter required to be 

19 disclosed under section (a). The disclosure required by this 

20 section is a document concerning the proper administra21 tion of a matter within the jurisdiction of a department 

22 or agency of the United States for the purposes of section 

23 1519 of title 18, United States Code. 


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1 SEC. 3603. PROHIBITION ON DISCRIMINATION. 

2 (a) IN GENERAL.—It shall be unlawful for an em3 ployer or a foreign labor contractor to fail or refuse to 

4 hire, discharge, intimidate, threaten, restrain, coerce, or 

5 blacklist any individual or otherwise discriminate against 

6 an individual with respect to compensation, terms, condi7 tions, or privileges of employment, because of such individ8 ual’s race, color, creed, sex, national origin, religion, age, 

9 or disability. 

10 (b) DETERMINATIONS OF DISCRIMINATION.—For the 

11 purposes of determining the existence of unlawful dis12 crimination under subsection (a)— 

13 (1) in the case of a claim of discrimination 

14 based on race, color, creed, sex, national origin, or 

15 religion, the same legal standards shall apply as are 

16 applicable under title VII of the Civil Rights Act of 

17 1964 (42 U.S.C. 2000e et seq.); 

18 (2) in the case of a claim of discrimination 

19 based on unlawful discrimination based on age, the 

20 same legal standards shall apply as are applicable 

21 under the Age Discrimination in Employment Act of 

22 1967 (29 U.S.C. 621 et seq.); and 

23 (3) in the case of a claim of discrimination 

24 based on disability, the same legal standards shall 

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1 cans With Disabilities Act of 1990 (42 U.S.C. 

2 12111 et seq.). 

3 SEC. 3604. RECRUITMENT FEES. 

4 No employer, foreign labor contractor, or agent or 

5 employee of a foreign labor contractor, shall assess any 

6 fee (including visa fees, processing fees, transportation 

7 fees, legal expenses, placement fees, and other costs) to 

8 a worker for any foreign labor contracting activity. 

9 SEC. 3605. REGISTRATION. 

10 (a) REQUIREMENT TO REGISTER.— 

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

12 prior to engaging in any foreign labor contracting 

13 activity, any person who is a foreign labor contractor 

14 or who, for any money or other valuable consider15 ation paid or promised to be paid, performs a for16 eign labor contracting activity on behalf of a foreign 

17 labor contractor, shall obtain a certificate of reg18 istration from the Secretary of Labor pursuant to 

19 regulations promulgated by the Secretary under sub20 section (c). 

21 (2) EXCEPTION FOR CERTAIN EMPLOYERS.—An 

22 employer, or employee of an employer, who engages 

23 in foreign labor contracting activity solely to find 

24 employees for that employer’s own use, and without 

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1 tractor, shall not be required to register under this 

2 section. Notwithstanding the preceding sentence, 

3 such an employer shall be subject to the require4 ments of subsections (a) and (c) of section 3602 and 

5 sections 3603 and 3604 and shall be subject to the 

6 remedies under section 3610 for all violations stem7 ming from the employer’s own foreign labor con8 tracting activity. 

9 (b) NOTIFICATION.— 

10 (1) ANNUAL EMPLOYER NOTIFICATION.—Each 

11 employer shall notify the Secretary, not less fre12 quently than once every year, of the identity of any 

13 foreign labor contractor involved in any foreign labor 

14 contracting activity for, or on behalf of, the em15 ployer, including at a minimum, the name and ad16 dress of the foreign labor contractor and a descrip17 tion of the services. 

18 (2) ANNUAL FOREIGN LABOR CONTRACTOR NO19 TIFICATION.—Each foreign labor contractor shall 

20 notify the Secretary, not less frequently than once 

21 every year, of the identity of any subcontractee, 

22 agent, or foreign labor contractor employee involved 

23 in any foreign labor contracting activity for, or on 

24 behalf of, the foreign labor contractor. 


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1 (3) NONCOMPLIANCE NOTIFICATION.—An em2 ployer shall notify the Secretary of the identity of a 

3 foreign labor contractor whose activities do not com4 ply with this subtitle. 

5 (4) AGREEMENT.—Not later than 48 hours 

6 after receiving a request from the Secretary, an em7 ployer shall provide the Secretary with the identity 

8 of any foreign labor contractor with which the em9 ployer has a contract or other agreement. 

10 (c) REGULATIONS.—Not later than 180 days after 

11 the date of the enactment of this Act, the Secretary shall 

12 promulgate regulations to establish an efficient electronic 

13 process for the timely investigation and approval of an ap14 plication for a certificate of registration of foreign labor 

15 contractors, including— 

16 (1) a declaration, subscribed and sworn to by 

17 the applicant, stating the applicant’s permanent 

18 place of residence, the foreign labor contracting ac19 tivities for which the certificate is requested, and 

20 such other relevant information as the Secretary 

21 may require; 

22 (2) a set of fingerprints of the applicant; 

23 (3) an expeditious means to update registra24 tions and renew certificates; 


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1 (4) providing for the consent of any foreign 

2 labor recruiter to the designation by a court of the 

3 Secretary as an agent available to accept service of 

4 summons in any action against the applicant, if the 

5 applicant has left the jurisdiction in which the action 

6 is commenced, otherwise has become unavailable to 

7 accept service or is subject to personal jurisdiction 

8 in no State; 

9 (5) providing for the consent of any foreign 

10 labor recruiter to jurisdiction in the Department of 

11 Labor or any state or Federal court of the United 

12 States for any action brought by any aggrieved indi13 vidual or worker; 

14 (6) providing for cooperation in any investiga15 tion by the Secretary or other appropriate authori16 ties; 

17 (7) providing for consent to the forfeiture of the 

18 bond for failure to cooperate with these provisions; 

19 (8) providing for consent to be liable for viola20 tions of this subtitle by any agents or subcontractees 

21 of any level in relation to the foreign labor con22 tracting activity of the agent or subcontractee to the 

23 same extent as if the foreign labor contractor had 

24 committed the violation; 


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1 (9) providing for consultation with other appro2 priate Federal agencies to determine whether any 

3 reason exists to deny registration to a foreign labor 

4 contractor; and 

5 (10) any other requirements that the Secretary 

6 may prescribe. 

7 (d) TERM OF REGISTRATION.—Unless suspended or 

8 revoked, a certificate under this section shall be valid for 

9 2 years. 

10 (e) APPLICATION FEE.— 

11 (1) REQUIREMENT FOR FEE.—In addition to 

12 any other fees authorized by law, the Secretary shall 

13 impose a fee, to be deposited in the general fund of 

14 the Treasury, on a foreign labor contractor that sub15 mits an application for a certificate of registration 

16 under this section. 

17 (2) AMOUNT OF FEE.—The amount of the fee 

18 required by paragraph (1) shall be set at a level that 

19 the Secretary determines sufficient to cover the full 

20 costs of carrying out foreign labor contract registra21 tion activities under this subtitle, including worker 

22 education and any additional costs associated with 

23 the administration of the fees collected. 

24 (f) REFUSAL TO ISSUE; REVOCATION.—In accord25 ance with regulations promulgated by the Secretary, the 


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1 Secretary shall refuse to issue or renew, or shall revoke 

2 and debar from eligibility to obtain a certificate of reg3 istration for a period of not greater than 5 years, after 

4 notice and an opportunity for a hearing, a certificate of 

5 registration under this section if— 

6 (1) the applicant for, or holder of, the certifi7 cation has knowingly made a material misrepresen8 tation in the application for such certificate; 

9 (2) the applicant for, or holder of, the certifi10 cation is not the real party in interest in the applica11 tion or certificate of registration and the real party 

12 in interest— 

13 (A) is a person who has been refused 

14 issuance or renewal of a certificate; 

15 (B) has had a certificate revoked; or 

16 (C) does not qualify for a certificate under 

17 this section; 

18 (3) the applicant for, or holder of, the certifi19 cation has been convicted within the preceding 5 

20 years of — 

21 (A) any felony under State or Federal law 

22 or crime involving robbery, bribery, extortion, 

23 embezzlement, grand larceny, burglary, arson, 

24 violation of narcotics laws, murder, rape, as25 sault with intent to kill, assault which inflicts 


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1 grievous bodily injury, prostitution, peonage, or 

2 smuggling or harboring individuals who have 

3 entered the United States illegally; or 

4 (B) any crime relating to gambling, or to 

5 the sale, distribution or possession of alcoholic 

6 beverages, in connection with or incident to any 

7 labor contracting activities. 

8 (4) the applicant for, or holder of, the certifi9 cation has materially failed to comply with this sec10 tion. 

11 (g) RE-REGISTRATION OF VIOLATORS.—The Sec12 retary shall establish a procedure by which a foreign labor 

13 contractor that has had its registration revoked under sub14 section (f) may seek to re-register under this subsection 

15 by demonstrating to the Secretary’s satisfaction that the 

16 foreign labor contractor has not violated this subtitle in 

17 the previous 5 years and that the foreign labor contractor 

18 has taken sufficient steps to prevent future violations of 

19 this subtitle. 

20 SEC. 3606. BONDING REQUIREMENT. 

21 (a) IN GENERAL.—The Secretary shall require a for22 eign labor contractor to post a bond in an amount suffi23 cient to ensure the ability of the foreign labor contractor 

24 to discharge its responsibilities and to ensure protection 

25 of workers, including wages. 


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1 (b) REGULATIONS.—The Secretary, by regulation, 

2 shall establish the conditions under which the bond 

3 amount is determined, paid, and forfeited. 

4 (c) RELATIONSHIP TO OTHER REMEDIES.—The bond 

5 requirements and forfeiture of the bond under this section 

6 shall be in addition to other remedies under 3610 or any 

7 other law. 

8 SEC. 3607. MAINTENANCE OF LISTS. 

9 (a) IN GENERAL.—The Secretary shall maintain— 

10 (1) a list of all foreign labor contractors reg11 istered under this subsection, including— 

12 (A) the countries from which the contrac13 tors recruit; 

14 (B) the employers for whom the contrac15 tors recruit; 

16 (C) the visa categories and occupations for 

17 which the contractors recruit; and 

18 (D) the States where recruited workers are 

19 employed; and 

20 (2) a list of all foreign labor contractors whose 

21 certificate of registration the Secretary has revoked. 

22 (b) UPDATES; AVAILABILITY.—The Secretary shall— 

23 (1) update the lists required by subsection (a) 

24 on an ongoing basis, not less frequently than every 

25 6 months; and 


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1 (2) make such lists publicly available, including 

2 through continuous publication on Internet websites 

3 and in written form at and on the websites of 

4 United States embassies in the official language of 

5 that country. 

6 (c) INTER-AGENCY AVAILABILITY.—The Secretary 

7 shall share the information described in subsection (a) 

8 with the Secretary of State 

9 SEC. 3608. AMENDMENT TO THE IMMIGRATION AND NA10 TIONALITY ACT. 

11 Section 214 (8 U.S.C. 1184) is amended by adding 

12 at the end the following: 

13 ‘‘(s) A visa shall not be issued under the subpara14 graph (A)(iii), (B)(i) (but only for domestic servants de15 scribed in clause (i) or (ii) of section 274a.12(c)(17) of 

16 title 8, Code of Federal Regulations (as in effect on De17 cember 4, 2007)), (G)(v), (H), (J), (L), (Q), (R) or add 

18 any new immigration subsections of section 101(a)(15) 

19 until the consular officer— 

20 ‘‘(1) has provided to and reviewed with the ap21 plicant, in the applicant’s language (or a language 

22 the applicant understands), a copy of the informa23 tion and resources pamphlet required by section 202 

24 of the William Wilberforce Trafficking Victims ProVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00593 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 tection Reauthorization Act of 2008 (8 U.S.C. 

2 1375b) ; and 

3 ‘‘(2) has reviewed and made a part of the visa 

4 file the foreign labor recruiter disclosures required 

5 by section 3602 of the Border Security, Economic 

6 Opportunity, and Immigration Modernization Act, 

7 including whether the foreign labor recruiter is reg8 istered pursuant to that section.’’. 

9 SEC. 3609. RESPONSIBILITIES OF SECRETARY OF STATE. 

10 (a) IN GENERAL.—The Secretary of State shall en11 sure that each United States diplomatic mission has a per12 son who shall be responsible for receiving information 

13 from any worker who has been subject to violations of this 

14 subtitle. 

15 (b) PROVISION OF INFORMATION.—The responsible 

16 person referred to in subsection (a) shall ensure that the 

17 information received is provided to the Department of Jus18 tice, the Department of Labor, or any other relevant Fed19 eral agency. 

20 (c) MECHANISMS.—The Attorney General and the 

21 Secretary shall ensure that there is a mechanism for any 

22 actions that need to be taken in response to information 

23 received under subsection (a). 

24 (d) ASSISTANCE FROM FOREIGN GOVERNMENT.— 

25 The person designated for receiving information pursuant 


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1 to this subsection is strongly encouraged to coordinate 

2 with governments and civil society organizations in the 

3 countries of origin to ensure the worker receives additional 

4 support. 

5 (e) MAINTENANCE AND AVAILABILITY OF INFORMA6 TION.—The Secretary of State shall ensure that con7 sulates maintain information regarding the identities of 

8 foreign labor contractors and the employers to whom the 

9 foreign labor contractors supply workers. The Secretary 

10 of State shall make such information publically available 

11 in written form and on-line, including on the websites of 

12 United States embassies in the official language of that 

13 country. 

14 (f) ANNUAL PUBLIC DISCLOSE.—The Secretary of 

15 State shall make publically available on-line, on an annual 

16 basis, data disclosing the gender, country of origin and 

17 state, if available, date of birth, wage, level of training, 

18 and occupation category, disaggregated by job and by visa 

19 category. 

20 SEC. 3610. ENFORCEMENT PROVISIONS. 

21 (a) COMPLAINTS AND INVESTIGATIONS.—The Sec22 retary— 

23 (1) shall establish a process for the receipt, in24 vestigation, and disposition of complaints filed by 

25 any person, including complaints respecting a forVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00595 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 eign labor contractor’s compliance with this subtitle; 

2 and 

3 (2) either pursuant to the process required by 

4 paragraph (1) or otherwise, may investigate employ5 ers or foreign labor contractors, including actions oc6 curring in a foreign country, as necessary to deter7 mine compliance with this subtitle. 

8 (b) ADMINISTRATIVE ENFORCEMENT.— 

9 (1) IN GENERAL.—If the Secretary finds, after 

10 notice and an opportunity for a hearing, any foreign 

11 labor contractor or employer failed to comply with 

12 any of the requirements of this subtitle, the Sec13 retary may impose the following against such con14 tractor or employer— 

15 (A) a fine in an amount not more than 

16 $10,000 per violation; and 

17 (B) upon the occasion of a third violation 

18 or a failure to comply with representations, a 

19 fine of not more than $25,000 per violation. 

20 (c) AUTHORITY TO ENSURE COMPLIANCE.—The Sec21 retary is authorized to take other such actions, including 

22 issuing subpoenas and seeking appropriate injunctive re23 lief and recovery of damages, as may be necessary to as24 sure compliance with the terms and conditions of this sub25 title. 


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1 (d) BONDING.—Pursuant to the bonding requirement 

2 in section 3606, bond liquidation and forfeitures shall be 

3 in addition to other remedies under this section or any 

4 other law. 

5 (e) CIVIL ACTION.— 

6 (1) IN GENERAL.—The Secretary or any person 

7 aggrieved by a violation of this subtitle may bring a 

8 civil action against any foreign labor contractor or 

9 employer that does not meet the requirements of 

10 section (f)(2) in any court of competent jurisdic11 tion— 

12 (A) to seek remedial action, including in13 junctive relief; 

14 (B) to recover damages on behalf of any 

15 worker harmed by a violation of this subsection; 

16 and, 

17 (C) to ensure compliance with require18 ments of this section. 

19 (2) ACTIONS BY THE SECRETARY OF LABOR.— 

20 (A) SUMS RECOVERED.—Any sums recov21 ered by the Secretary on behalf of a worker 

22 under paragraph (1) or through liquidation of 

23 the bond held pursuant to section 3606 shall be 

24 held in a special deposit account and shall be 

25 paid, on order of the Secretary, directly to each 


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1 worker affected. Any such sums not paid to a 

2 worker because of inability to do so within a pe3 riod of 5 years shall be credited as an offsetting 

4 collection to the appropriations account of the 

5 Secretary for expenses for the administration of 

6 this section and shall remain available to the 

7 Secretary until expended or may be used for en8 forcement of the laws within the jurisdiction of 

9 the wage and hour division or may be trans10 ferred to the Secretary of Health and Human 

11 Services for the purpose of providing support to 

12 programs that provide assistance to victims of 

13 trafficking in persons or other exploited per14 sons. The Secretary shall work with any attor15 ney or organization representing workers to lo16 cate workers owed sums under this section. 

17 (B) REPRESENTATION.—Except as pro18 vided in section 518(a) of title 28, United 

19 States Code, the Solicitor of Labor may appear 

20 for and represent the Secretary in any civil liti21 gation brought under this paragraph. All such 

22 litigation shall be subject to the direction and 

23 control of the Attorney General. 

24 (3) ACTIONS BY INDIVIDUALS.— 


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1 (A) AWARD.—If the court finds in a civil 

2 action filed by an individual under this section 

3 that the defendant has violated any provision of 

4 this subtitle (or any regulation issued pursuant 

5 to this subtitle), the court may award— 

6 (i) damages, up to and including an 

7 amount equal to the amount of actual 

8 damages, and statutory damages of up to 

9 $1,000 per plaintiff per violation, or other 

10 equitable relief, except that with respect to 

11 statutory damages— 

12 (I) multiple infractions of a sin13 gle provision of this subtitle (or of a 

14 regulation under this subtitles) shall 

15 constitute only 1 violation for pur16 poses of section 3602(a) to determine 

17 the amount of statutory damages due 

18 a plaintiff; and 

19 (II) if such complaint is certified 

20 as a class action the court may 

21 award— 

22 (aa) damages up to an 

23 amount equal to the amount of 

24 actual damages; and 


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1 (bb) statutory damages of 

2 no more than the lesser of up to 

3 $1,000 per class member per vio4 lation, or up to $500,000; and 

5 other equitable relief; 

6 (ii) reasonable attorneys’ fees and 

7 costs; and 

8 (iii) such other and further relief, in9 cluding declaratory and injunctive relief, as 

10 necessary to effectuate the purposes of this 

11 subtitle. 

12 (B) CRITERIA.—In determining the 

13 amount of statutory damages to be awarded 

14 under subparagraph (A), the court is author15 ized to consider whether an attempt was made 

16 to resolve the issues in dispute before the resort 

17 to litigation. 

18 (C) BOND.—To satisfy the damages, fees, 

19 and costs found owing under this clause, the 

20 Secretary shall release as much of the bond 

21 held pursuant to section 3606 as necessary. 

22 (D) APPEAL.—Any civil action brought 

23 under this section shall be subject to appeal as 

24 provided in chapter 83 of title 28, United 

25 States Code (28 U.S.C. 1291 et seq.). 


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1 (E) ACCESS TO LEGAL SERVICES COR2 PORATION.—Notwithstanding any other provi3 sion of law, the Legal Services Corporation and 

4 recipients of its funding may provide legal as5 sistance on behalf of any alien with respect to 

6 any provision of this subtitle. 

7 (f) AGENCY LIABILITY.— 

8 (1) IN GENERAL.—Beginning 180 days after 

9 the Secretary of Labor has promulgated regulations 

10 pursuant to section 3605(c), an employer who re11 tains the services of a foreign labor contractor shall 

12 only use those foreign labor contractors who are reg13 istered under section 3605. An employer who uses a 

14 foreign labor contractor who is not registered under 

15 section 3605 after such time period, or who uses a 

16 foreign labor contractor that has violated any provi17 sion of this subsection, shall be subject to the provi18 sions of this subsection for violations committed by 

19 such foreign labor contractor to the same extent as 

20 if the employer were the foreign labor contractor 

21 who had committed the violation. 

22 (2) SAFE HARBOR.—An employer shall not have 

23 any liability under this section if the employer hires 

24 workers referred by a foreign labor contractor that 

25 has a valid registration with the Department of 


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1 Labor pursuant to section 3605, the employer does 

2 not act with reckless disregard of the fact that the 

3 foreign labor contractor has violated any provision of 

4 this section, and if the employer obtained knowledge 

5 of a violation of the provisions of this section, it im6 mediately reported the violation to the Secretary. 

7 (3) LIABILITY FOR AGENTS.—Foreign labor 

8 contractors shall be subject to the provisions of this 

9 section for violations committed by the foreign labor 

10 contractor’s agents or subcontractees of any level in 

11 relation to their foreign labor contracting activity to 

12 the same extent as if the foreign labor contractor 

13 had committed the violation. 

14 (g) RETALIATION.— 

15 (1) IN GENERAL.—No person shall intimidate, 

16 threaten, restrain, coerce, discharge or in any other 

17 manner discriminate or retaliate against any worker 

18 or their family members (including a former em19 ployee or an applicant for employment) because such 

20 worker disclosed information to any person that the 

21 worker reasonably believes evidences a violation of 

22 this section (or any rule or regulation pertaining to 

23 this section), including seeking legal assistance of 

24 counsel or cooperating with an investigation or other 


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1 proceeding concerning compliance with this section 

2 (or any rule or regulation pertaining to this section). 

3 (2) ENFORCEMENT.—An individual who is sub4 ject to any conduct described in paragraph (1) may, 

5 in a civil action, recover appropriate relief, including 

6 reasonable attorneys’ fees and costs, with respect to 

7 that violation. Any civil action under this subpara8 graph shall be stayed during the pendency of any 

9 criminal action arising out of the violation. 

10 (h) WAIVER OF RIGHTS.—Agreements by employees 

11 purporting to waive or to modify their rights under this 

12 subtitle shall be void as contrary to public policy. 

13 (i) PRESENCE DURING PENDENCY OF ACTIONS.— 

14 (1) IN GENERAL.—If other immigration relief is 

15 not available, the Attorney General and the Sec16 retary of Homeland Security shall grant advance pa17 role to permit a nonimmigrant to remain legally in 

18 the United States for time sufficient to fully and ef19 fectively participate in all legal proceedings related 

20 to any action taken pursuant to this section. 

21 (2) REGULATIONS.—Not later than 180 days 

22 after the date of the enactment of this Act, the Sec23 retary shall promulgate regulations to carry out 

24 paragraph (1). 


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1 SEC. 3611. RULE OF CONSTRUCTION. 

2 Nothing in this subtitle shall be construed to preempt 

3 or alter any other rights or remedies, including any causes 

4 of action, available under any other Federal or State law. 

5 SEC. 3612. REGULATIONS. 

6 The Secretary shall prescribe such regulations as may 

7 be necessary to carry out this subtitle. 

8 Subtitle G—Interior Enforcement 

9 SEC. 3701. CRIMINAL STREET GANGS. 

10 (a) INADMISSIBILITY.—Section 212(a)(2) (8 U.S.C. 

11 1182(a)(2)) is amended— 

12 (1) by redesignating subparagraph (F) as sub13 paragraph (L); and 

14 (2) by inserting after subparagraph (E) the fol15 lowing: 

16 ‘‘(F) ALIENS IN CRIMINAL STREET

17 GANGS.— 

18 ‘‘(i) IN GENERAL.—Any alien is inad19 missible— 

20 ‘‘(I) who has been convicted of 

21 an offense for which an element was 

22 active participation in a criminal 

23 street gang (as defined in section 

24 521(a) of title 18, United States 

25 Code) and the alien— 


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1 ‘‘(aa) had knowledge that 

2 the gang’s members engaged in 

3 or have engaged in a continuing 

4 series of offenses described in 

5 section 521(c) of title 18, United 

6 States Code; and 

7 ‘‘(bb) acted with the inten8 tion to promote or further the fe9 lonious activities of the criminal 

10 street gang or maintain or in11 crease his or her position in the 

12 gang; or 

13 ‘‘(II) subject to clause (ii), who is 

14 18 years of age or older, who is phys15 ically present outside the United 

16 States, whom the Secretary deter17 mines by clear and convincing evi18 dence, based upon law enforcement in19 formation deemed credible by the Sec20 retary, has, since the age of 18, know21 ingly and willingly participated in a 

22 criminal street gang with knowledge 

23 that such participation promoted or 

24 furthered the illegal activity of the 

25 gang. 


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1 ‘‘(ii) WAIVER.—The Secretary may 

2 waive clause (i)(II) if the alien has re3 nounced all association with the criminal 

4 street gang, is otherwise admissible, and is 

5 not a threat to the security of the United 

6 States.’’. 

7 (b) GROUNDS FOR DEPORTATION.—Section 

8 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at 

9 the end the following: 

10 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

11 STREET GANGS.—Any alien is removable who 

12 has been convicted of an offense for which an 

13 element was active participation in a criminal 

14 street gang (as defined in section 521(a) of title 

15 18, United States Code), and the alien— 

16 ‘‘(i) had knowledge that the gang’s 

17 members engaged in or have engaged in a 

18 continuing series of offenses described in 

19 section 521(c) of title 18, United States 

20 Code; and 

21 ‘‘(ii) acted with the intention to pro22 mote or further the felonious activities the 

23 criminal street gang or increase his or her 

24 position in such gang.’’. 


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1 (c) GROUND OF INELIGIBILITY FOR REGISTERED

2 PROVISIONAL IMMIGRANT STATUS.— 

3 (1) IN GENERAL.—An alien who is 18 years of 

4 age or older is ineligible for registered provisional 

5 immigrant status if the Secretary determines that 

6 the alien— 

7 (A) has been convicted of an offense for 

8 which an element was active participation in a 

9 criminal street gang (as defined in section 

10 521(a) of title 18, United States Code and the 

11 alien— 

12 (i) had knowledge that the gang’s 

13 members engaged in or have engaged in a 

14 continuing series of offenses described in 

15 section 521(c) of title 18, United States 

16 Code; and 

17 (ii) acted with the intention to pro18 mote or further the felonious activities of 

19 the criminal street gang or maintain or in20 crease his or her position in such gang; or 

21 (B) subject to paragraph (2), any alien 

22 who is 18 years of age or older whom the Sec23 retary determines by clear and convincing evi24 dence, based upon law enforcement information 

25 deemed credible by the Secretary, has, since the 


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1 age of 18, knowingly and willingly participated 

2 in a such gang with knowledge that such par3 ticipation promoted or furthered the illegal ac4 tivity of such gang. 

5 (2) WAIVER.—The Secretary may waive this 

6 paragraph (1)(B) if the alien has renounced all asso7 ciation with the criminal street gang, is otherwise 

8 admissible, and is not a threat to the security of the 

9 United States. 

10 SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE 

11 UNITED STATES. 

12 (a) GROUNDS FOR INADMISSIBILITY.—Section 

13 212(a)(2) (8 U.S.C. 1182), as amended by section 3401, 

14 is further amended by inserting after subparagraph (I) the 

15 following: 

16 ‘‘(J) HABITUAL DRUNK DRIVERS.—An 

17 alien convicted of 3 or more offenses on sepa18 rate dates, at least 1 of which occurred after 

19 the date of the enactment of the Border Secu20 rity, Economic Opportunity, and Immigration 

21 Modernization Act, related to driving under the 

22 influence or driving while intoxicated is 

23 inadmissable.’’. 


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1 (b) GROUNDS FOR DEPORTATION.—Section 

2 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at 

3 the end the following: 

4 ‘‘(G) HABITUAL DRUNK DRIVERS.—An 

5 alien convicted of 3 or more offenses on sepa6 rate dates related to driving under the influence 

7 or driving while intoxicated is deportable.’’. 

8 SEC. 3703. SEXUAL ABUSE OF A MINOR. 

9 Section 101(a)(43)(A) (8 U.S.C. 1101(a)(43)(A)) is 

10 amended by striking ‘‘murder, rape, or sexual abuse of 

11 a minor;’’ and inserting ‘‘murder, rape, or sexual abuse 

12 of a minor, whether or not the minority of the victim is 

13 established by evidence contained in the record of convic14 tion or by credible evidence extrinsic to the record of con15 viction;’’; 

16 SEC. 3704. ILLEGAL ENTRY. 

17 (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is 

18 amended to read as follows: 

19 ‘‘SEC. 275. ILLEGAL ENTRY. 

20 ‘‘(a) IN GENERAL.— 

21 ‘‘(1) CRIMINAL OFFENSES.—An alien shall be 

22 subject to the penalties set forth in paragraph (2) if 

23 the alien— 

24 ‘‘(A) enters or crosses the border into the 

25 United States at any time or place other than 


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1 as designated by the Secretary of Homeland Se2 curity; 

3 ‘‘(B) eludes examination or inspection by 

4 an immigration officer, or a customs or agri5 culture inspection at a port of entry; or 

6 ‘‘(C) enters or crosses the border to the 

7 United States by means of a knowingly false or 

8 misleading representation or the concealment of 

9 a material fact. 

10 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

11 violates any provision under paragraph (1)— 

12 ‘‘(A) shall, for the first violation, be fined 

13 under title 18, United States Code, imprisoned 

14 not more than 12 months, or both; 

15 ‘‘(B) shall, for a second or subsequent vio16 lation, or following an order of voluntary depar17 ture, be fined under such title, imprisoned not 

18 more than 3 years, or both; 

19 ‘‘(C) if the violation occurred after the 

20 alien had been convicted of 3 or more mis21 demeanors with the convictions occurring on 

22 different dates or of a felony for which the alien 

23 served a term of imprisonment of 15 days or 

24 more, shall be fined under such title, impris25 oned not more than 10 years, or both; and 


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1 ‘‘(D) if the violation occurred after the 

2 alien had been convicted of a felony for which 

3 the alien was sentenced to a term of imprison4 ment of not less than 30 months, 

5 shall be fined under such title, imprisoned not more 

6 than 15 years, or both. 

7 ‘‘(3) PRIOR CONVICTIONS.—The prior convic8 tions described in subparagraphs (C) and (D) of 

9 paragraph (2) are elements of the offenses described 

10 in that paragraph and the penalties in such subpara11 graphs shall apply only in cases in which the convic12 tion or convictions that form the basis for the addi13 tional penalty are— 

14 ‘‘(A) alleged in the indictment or informa15 tion; and 

16 ‘‘(B) proven beyond a reasonable doubt at 

17 trial or admitted by the defendant under oath 

18 as part of a plea agreement. 

19 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN20 ALTIES.—Any alien older than 18 years of age who is ap21 prehended while knowingly entering, attempting to enter, 

22 or crossing or attempting to cross the border to the United 

23 States at a time or place other than as designated by im24 migration officers shall be subject to a civil penalty, in 

25 addition to any criminal or other civil penalties that may 


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1 be imposed under any other provision of law, in an amount 

2 equal to— 

3 ‘‘(1) not less than $250 or more than $5000 for 

4 each such entry, crossing, attempted entry, or at5 tempted crossing; or 

6 ‘‘(2) twice the amount specified in paragraph 

7 (1) if the alien had previously been subject to a civil 

8 penalty under this subsection.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 is amended by striking the item relating to section 275 

11 and inserting the following: 

‘‘Sec. 275. Illegal entry.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect one year after the date of 

14 the enactment of this Act. 

15 SEC. 3705. REENTRY OF REMOVED ALIEN. 

16 Section 276 (8 U.S.C. 1326) is amended to read as 

17 follows: 

18 ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 

19 ‘‘(a) REENTRY AFTER REMOVAL.—Any alien who 

20 has been denied admission, excluded, deported, or re21 moved, or who has departed the United States while an 

22 order of exclusion, deportation, or removal is outstanding, 

23 and subsequently enters, attempts to enter, crosses the 

24 border to, attempts to cross the border to, or is at any 

25 time found in the United States, shall be fined under title 


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1 18, United States Code, and imprisoned not more than 

2 2 years. 

3 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not4 withstanding the penalty provided in subsection (a), if an 

5 alien described in that subsection— 

6 ‘‘(1) was convicted for 3 or more misdemeanors, 

7 with the convictions occurring on different dates, be8 fore such removal or departure, the alien shall be 

9 fined under title 18, United States Code, and im10 prisoned not more than 10 years, or both; 

11 ‘‘(2) was convicted for a felony before such re12 moval or departure for which the alien was sen13 tenced to a term of imprisonment of not less than 

14 30 months, the alien shall be fined under such title, 

15 and imprisoned not more than 15 years, or both; 

16 ‘‘(3) was convicted for a felony before such re17 moval or departure for which the alien was sen18 tenced to a term of imprisonment of not less than 

19 60 months, the alien shall be fined under such title, 

20 and imprisoned not more than 20 years, or both; 

21 ‘‘(4) was convicted for 3 felonies, with the con22 victions occurring on different dates before such re23 moval or departure, the alien shall be fined under 

24 such title, and imprisoned not more than 20 years, 

25 or both; or 


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1 ‘‘(5) was convicted, before such removal or de2 parture, for murder, rape, kidnapping, or a felony 

3 offense described in chapter 77 (relating to peonage 

4 and slavery) or 113B (relating to terrorism) of such 

5 title, the alien shall be fined under such title, and 

6 imprisoned not more than 20 years, or both. 

7 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

8 alien who has been denied admission, excluded, deported, 

9 or removed 3 or more times and thereafter enters, at10 tempts to enter, crosses the border to, attempts to cross 

11 the border to, or is at any time found in the United States, 

12 shall be fined under title 18, United States Code, and im13 prisoned not more than 10 years, or both. 

14 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

15 convictions described in subsection (b) are elements of the 

16 offenses described in that subsection, and the penalties in 

17 such subsection shall apply only in cases in which the con18 viction or convictions that form the basis for the additional 

19 penalty are— 

20 ‘‘(1) alleged in the indictment or information; 

21 and 

22 ‘‘(2) proven beyond a reasonable doubt at trial 

23 or admitted by the defendant under oath as part of 

24 a plea agreement. 


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1 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af2 firmative defense to a violation of this section that— 

3 ‘‘(1) prior to the alleged violation, the alien had 

4 sought and received the express consent of the Sec5 retary of Homeland Security to reapply for admis6 sion into the United States; or 

7 ‘‘(2) at the time of the prior exclusion, deporta8 tion, removal, or denial of admission alleged in the 

9 violation, the alien had not yet reached 18 years of 

10 age and had not been convicted of a crime or adju11 dicated a delinquent minor by a court of the United 

12 States, or a court of a state or territory, for conduct 

13 that would constitute a felony if committed by an 

14 adult. 

15 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN16 DERLYING DEPORTATION ORDER.—In a criminal pro17 ceeding under this section, an alien may not challenge the 

18 validity of the deportation order described in subsection 

19 (a) or subsection (c) unless the alien demonstrates that— 

20 ‘‘(1) the alien exhausted any administrative 

21 remedies that may have been available to seek relief 

22 against the order; 

23 ‘‘(2) the deportation proceedings at which the 

24 order was issued improperly deprived the alien of the 

25 opportunity for judicial review; and 


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1 ‘‘(3) the entry of the order was fundamentally 

2 unfair. 

3 ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM4 PLETION OF TERM OF IMPRISONMENT.—Any alien re5 moved pursuant to section 241(a)(4) who enters, attempts 

6 to enter, crosses the border to, attempts to cross the bor7 der to, or is at any time found in, the United States shall 

8 be incarcerated for the remainder of the sentence of im9 prisonment which was pending at the time of deportation 

10 without any reduction for parole or supervised release un11 less the alien affirmatively demonstrates that the Sec12 retary of Homeland Security has expressly consented to 

13 the alien’s reentry or the alien is prima facie eligible for 

14 protection from removal. Such alien shall be subject to 

15 such other penalties relating to the reentry of removed 

16 aliens as may be available under this section or any other 

17 provision of law. 

18 ‘‘(h) LIMITATION.—It is not aiding and abetting a 

19 violation of this section for an individual to provide an 

20 alien with emergency humanitarian assistance, including 

21 emergency medical care and food, or to transport the alien 

22 to a location where such assistance can be rendered with23 out compensation or the expectation of compensation. 

24 ‘‘(i) DEFINITIONS.—In this section: 


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1 ‘‘(1) FELONY.—The term ‘felony’ means any 

2 criminal offense punishable by a term of imprison3 ment of more than 1 year under the laws of the 

4 United States, any State, or a foreign government. 

5 ‘‘(2) MISDEMEANOR.—The term ‘misdemeanor’ 

6 means any criminal offense punishable by a term of 

7 imprisonment of not more than 1 year under the ap8 plicable laws of the United States, any State, or a 

9 foreign government. 

10 ‘‘(3) REMOVAL.—The term ‘removal’ includes 

11 any denial of admission, exclusion, deportation, or 

12 removal, or any agreement by which an alien stipu13 lates or agrees to exclusion, deportation, or removal. 

14 ‘‘(4) STATE.—The term ‘State’ means a State 

15 of the United States, the District of Columbia, and 

16 any commonwealth, territory, or possession of the 

17 United States.’’. 

18 SEC. 3706. PENALTIES RELATED TO REMOVAL. 

19 (a) PENALTIES RELATING TO VESSELS AND AIR20 CRAFT.—Section 243(c) (8 U.S.C. 1253(c)) is amended— 

21 (1) by striking ‘‘Attorney General’’ each place 

22 such term appears and inserting ‘‘Secretary of 

23 Homeland Security’’; and 


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1 (2) by striking ‘‘Commissioner’’ each place such 

2 term appears and inserting ‘‘Secretary of Homeland 

3 Security’’; and 

4 (3) in paragraph (1)— 

5 (A) in subparagraph (A), by striking 

6 ‘‘$2,000’’ and inserting ‘‘$5,000’’; 

7 (B) in subparagraph (B), by striking 

8 ‘‘$5,000’’ and inserting ‘‘$10,000’’; 

9 (C) by amending paragraph (1)(C) to read 

10 as follows: 

11 ‘‘(C) COMPROMISE.—The Secretary of 

12 Homeland Security, in the Secretary’s 

13 unreviewable discretion and upon the receipt of 

14 a written request, may mitigate the monetary 

15 penalties required under this subsection for 

16 each alien stowaway to an amount equal to not 

17 less than $2,000, upon such terms that the Sec18 retary determines to be appropriate.’’; and 

19 (D) by inserting at the end the following: 

20 ‘‘(D) EXCEPTION.—A person, acting with21 out compensation or the expectation of com22 pensation, is not subject to penalties under this 

23 paragraph if the person is— 

24 ‘‘(i) providing, or attempting to pro25 vide, an alien with humanitarian assistVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00618 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 ance, including emergency medical care or 

2 food or water; or 

3 ‘‘(ii) transporting the alien to a loca4 tion where such humanitarian assistance 

5 can be rendered without compensation or 

6 the expectation of compensation.’’. 

7 SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

8 FRAUD OFFENSES. 

9 (a) TRAFFICKING IN PASSPORTS.—Section 1541 of 

10 title 18, United States Code, is amended to read as fol11 lows: 

12 ‘‘§ 1541. Trafficking in passports 

13 ‘‘(a) MULTIPLE PASSPORTS.—Subject to subsection 

14 (b), any person who, during any period of 3 years or less, 

15 knowingly— 

16 ‘‘(1) and without lawful authority produces, 

17 issues, or transfers 3 or more passports; 

18 ‘‘(2) forges, counterfeits, alters, or falsely 

19 makes 3 or more passports; 

20 ‘‘(3) secures, possesses, uses, receives, buys, 

21 sells, or distributes 3 or more passports, knowing 

22 the passports to be forged, counterfeited, altered, 

23 falsely made, stolen, procured by fraud, or produced 

24 or issued without lawful authority; or 


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1 ‘‘(4) completes, mails, prepares, presents, signs, 

2 or submits 3 or more applications for a United 

3 States passport, knowing the applications to contain 

4 any materially false statement or representation, 

5 shall be fined under this title, imprisoned not more than 

6 20 years, or both. 

7 ‘‘(b) USE IN A TERRORISM OFFENSE.—Any person 

8 who commits an offense described in subsection (a) to fa9 cilitate an act of international terrorism (as defined in sec10 tion 2331) shall be fined under this title, imprisoned not 

11 more than 25 years, or both. 

12 ‘‘(c) PASSPORT MATERIALS.—Any person who know13 ingly and without lawful authority produces, buys, sells, 

14 possesses, or uses any official material (or counterfeit of 

15 any official material) used to make 10 or more passports, 

16 including any distinctive paper, seal, hologram, image, 

17 text, symbol, stamp, engraving, or plate, shall be fined 

18 under this title, imprisoned not more than 20 years, or 

19 both.’’. 

20 (b) FALSE STATEMENT IN AN APPLICATION FOR A

21 PASSPORTS.—Section 1542 of title 18, United States 

22 Code, is amended to read as follows: 


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1 ‘‘§ 1542. False statement in an application for a pass2 port 

3 ‘‘(a) IN GENERAL.—Any person who knowingly 

4 makes any material false statement or representation in 

5 an application for a United States passport, or mails, pre6 pares, presents, or signs an application for a United 

7 States passport knowing the application to contain any 

8 material false statement or representation, shall be fined 

9 under this title, imprisoned not more than 25 years (if 

10 the offense was committed to facilitate an act of inter11 national terrorism (as defined in section 2331 of this 

12 title)), 20 years (if the offense was committed to facilitate 

13 a drug trafficking crime (as defined in section 929(a) of 

14 this title)), or 15 years (in the case of any other offense) 

15 or both. 

16 ‘‘(b) VENUE.— 

17 ‘‘(1) IN GENERAL.—An offense under sub18 section (a) may be prosecuted in any district— 

19 ‘‘(A) in which the false statement or rep20 resentation was made or the application for a 

21 United States passport was prepared or signed; 

22 or 

23 ‘‘(B) in which or to which the application 

24 was mailed or presented. 

25 ‘‘(2) OFFENSES OUTSIDE THE UNITED

26 STATES.—An offense under subsection (a) involving 


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1 an application prepared and adjudicated outside the 

2 United States may be prosecuted in the district in 

3 which the resultant passport was or would have been 

4 produced. 

5 ‘‘(c) SAVINGS CLAUSE.—Nothing in this section may 

6 be construed to limit the venue otherwise available under 

7 sections 3237 and 3238 of this title.’’. 

8 (c) MISUSE OF A PASSPORT.—Section 1544 of title 

9 18, United States Code, is amended to read as follows: 

10 ‘‘§ 1544. Misuse of a passport 

11 ‘‘Any person who knowingly— 

12 ‘‘(1) misuses for their own purposes any pass13 port issued or designed for the use of another; 

14 ‘‘(2) uses any passport in violation of the laws, 

15 regulations, or rules governing the issuance and use 

16 of the passport; 

17 ‘‘(3) secures, possesses, uses, receives, buys, 

18 sells, or distributes any passport knowing the pass19 port to be forged, counterfeited, altered, falsely 

20 made, procured by fraud, or produced or issued 

21 without lawful authority; or 

22 ‘‘(4) substantially violates the terms and condi23 tions of any safe conduct duly obtained and issued 

24 under the authority of the United States, 


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1 shall be fined under this title, imprisoned not more than 

2 25 years (if the offense was committed to facilitate an act 

3 of international terrorism (as defined in section 2331 of 

4 this title)), 20 years (if the offense was committed to fa5 cilitate a drug trafficking crime (as defined in section 

6 929(a) of this title)) or 15 years (in the case of any other 

7 offense), or both.’’. 

8 (d) SCHEMES TO PROVIDE FRAUDULENT IMMIGRA9 TION SERVICES.—Section 1545 of title 18, United States 

10 Code, is amended to read as follows: 

11 ‘‘§ 1545. Schemes to provide fraudulent immigration 

12 services 

13 ‘‘(a) IN GENERAL.—Any person who knowingly exe14 cutes a scheme or artifice, in connection with any matter 

15 that is authorized by or arises under any Federal immigra16 tion law or any matter the offender claims or represents 

17 is authorized by or arises under any Federal immigration 

18 law, to— 

19 ‘‘(1) defraud any person; or 

20 ‘‘(2) obtain or receive money or anything else of 

21 value from any person by means of false or fraudu22 lent pretenses, representations, or promises, 

23 shall be fined under this title, imprisoned not more than 

24 10 years, or both. 


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1 ‘‘(b) MISREPRESENTATION.—Any person who know2 ingly and falsely represents that such person is an attor3 ney or an accredited representative (as that term is de4 fined in section 1292.1 of title 8, Code of Federal Regula5 tions (or any successor regulation)) in any matter arising 

6 under any Federal immigration law shall be fined under 

7 this title, imprisoned not more than 15 years, or both.’’. 

8 (e) IMMIGRATION AND VISA FRAUD.—Section 1546 

9 of title 18, United States Code, is amended— 

10 (1) by amending the section heading to read as 

11 follows: 

12 ‘‘§ 1546. Immigration and visa fraud’’; 

13 and 

14 (2) by striking subsections (b) and (c) and in15 serting the following: 

16 ‘‘(b) TRAFFICKING.—Any person who, during any pe17 riod of 3 years or less, knowingly— 

18 ‘‘(1) and without lawful authority produces, 

19 issues, or transfers 3 or more immigration docu20 ments; 

21 ‘‘(2) forges, counterfeits, alters, or falsely 

22 makes 3 or more immigration documents; 

23 ‘‘(3) secures, possesses, uses, buys, sells, or dis24 tributes 3 or more immigration documents, knowing 

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1 feited, altered, stolen, falsely made, procured by 

2 fraud, or produced or issued without lawful author3 ity; or 

4 ‘‘(4) completes, mails, prepares, presents, signs, 

5 or submits 3 or more immigration documents know6 ing the documents to contain any materially false 

7 statement or representation, 

8 shall be fined under this title, imprisoned not more than 

9 20 years, or both. 

10 ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 

11 person who knowingly and without lawful authority pro12 duces, buys, sells, possesses, or uses any official material 

13 (or counterfeit of any official material) used to make 10 

14 or more immigration documents, including any distinctive 

15 paper, seal, hologram, image, text, symbol, stamp, engrav16 ing, or plate, shall be fined under this title, imprisoned 

17 not more than 20 years, or both.’’. 

18 (f) ALTERNATIVE IMPRISONMENT MAXIMUM FOR

19 CERTAIN OFFENSES.—Section 1547 of title 18, United 

20 States Code, is amended— 

21 (1) in the matter preceding paragraph (1), by 

22 striking ‘‘(other than an offense under section 

23 1545)’’; 

24 (2) in paragraph (1), by striking ‘‘15’’ and in25 serting ‘‘20’’; and 


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1 (3) in paragraph (2), by striking ‘‘20’’ and in2 serting ‘‘25’’. 

3 (g) AUTHORIZED LAW ENFORCEMENT ACTIVITIES.— 

4 Chapter 75 of title 18, United States Code, is amended 

5 by adding after section 1547 the following: 

6 ‘‘§ 1548. Authorized law enforcement activities 

7 ‘‘Nothing in this chapter may be construed to pro8 hibit— 

9 ‘‘(1) any lawfully authorized investigative, pro10 tective, or intelligence activity of a law enforcement 

11 agency of the United States, a State, or a political 

12 subdivision of a State, or an intelligence agency of 

13 the United States; or 

14 ‘‘(2) any activity authorized under title V of the 

15 Organized Crime Control Act of 1970 (Public Law 

16 91–452; 84 Stat. 933).’’. 

17 (h) TABLE OF SECTIONS AMENDMENT.—The table 

18 of sections for chapter 75 of title 18, United States Code, 

19 is amended to read as follows: 

‘‘Sec. 

‘‘1541. Trafficking in passports. 

‘‘1542. False statement in an application for a passport. 

‘‘1543. Forgery or false use of a passport. 

‘‘1544. Misuse of a passport. 

‘‘1545. Schemes to provide fraudulent immigration services. 

‘‘1546. Immigration and visa fraud. 

‘‘1547. Alternative imprisonment maximum for certain offenses. 

‘‘1548. Authorized law enforcement activities.’’. 


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1 SEC. 3708. COMBATING SCHEMES TO DEFRAUD ALIENS. 

2 (a) REGULATIONS, FORMS, AND PROCEDURES.—The 

3 Secretary and the Attorney General, for matters within 

4 their respective jurisdictions arising under the immigra5 tion laws, shall promulgate appropriate regulations, forms, 

6 and procedures defining the circumstances in which— 

7 (1) persons submitting applications, petitions, 

8 motions, or other written materials relating to immi9 gration benefits or relief from removal under the im10 migration laws will be required to identify who 

11 (other than immediate family members) assisted 

12 them in preparing or translating the immigration 

13 submissions; and 

14 (2) any person or persons who received com15 pensation (other than a nominal fee for copying, 

16 mailing, or similar services) in connection with the 

17 preparation, completion, or submission of such mate18 rials will be required to sign the form as a preparer 

19 and provide identifying information. 

20 (b) CIVIL INJUNCTIONS AGAINST IMMIGRATION

21 SERVICE PROVIDER.—The Attorney General may com22 mence a civil action in the name of the United States to 

23 enjoin any immigration service provider from further en24 gaging in any fraudulent conduct that substantially inter25 feres with the proper administration of the immigration 

26 laws or who willfully misrepresents such provider’s legal 


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1 authority to provide representation before the Department 

2 of Justice or Department. 

3 (c) DEFINITIONS.—In this section: 

4 (1) IMMIGRATION LAWS.—The term ‘‘immigra5 tion laws’’ has the meaning given that term in sec6 tion 101(a)(17) of the Immigration and Nationality 

7 Act (8 U.S.C. 1101(a)(17)). 

8 (2) IMMIGRATION SERVICE PROVIDER.—The 

9 term ‘‘immigration service provider’’ means any indi10 vidual or entity (other than an attorney or individual 

11 otherwise authorized to provide representation in im12 migration proceedings as provided in Federal regula13 tion) who, for a fee or other compensation, provides 

14 any assistance or representation to aliens in relation 

15 to any filing or proceeding relating to the alien 

16 which arises, or which the provider claims to arise, 

17 under the immigration laws, executive order, or pres18 idential proclamation. 

19 SEC. 3709. INADMISSIBILITY AND REMOVAL FOR PASSPORT 

20 AND IMMIGRATION FRAUD OFFENSES. 

21 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8 

22 U.S.C. 1182(a)(2)(A)(i)) is amended— 

23 (1) in subclause (I), by striking ‘‘, or’’ at the 

24 end and inserting a semicolon; 


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1 (2) in subclause (II), by striking the comma at 

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

3 (3) by inserting after subclause (II) the fol4 lowing: 

5 ‘‘(III) a violation of section 1541, 

6 1545, and subsection (b) of section 

7 1546 of title 18, United States 

8 Code,’’. 

9 (b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 U.S.C. 

10 1227(a)(3)(B)(iii)) is amended to read as follows: 

11 ‘‘(ii) a violation of section 1541, 1545, 

12 and subsection (b) of section 1546 of title 

13 18, United States Code,’’. 

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

15 subsections (a) and (b) shall apply to proceedings pending 

16 on or after the date of the enactment of this Act, with 

17 respect to conduct occurring on or after that date. 

18 SEC. 3710. DIRECTIVES RELATED TO PASSPORT AND DOCU19 MENT FRAUD. 

20 (a) DIRECTIVE TO THE UNITED STATES SEN21 TENCING COMMISSION.— 

22 (1) IN GENERAL.—Pursuant to the authority 

23 under section 994 of title 28, United States Code, 

24 the United States Sentencing Commission shall pro25 mulgate or amend the sentencing guidelines, policy 


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1 statements, and official commentaries, if appro2 priate, related to passport fraud offenses, including 

3 the offenses described in chapter 75 of title 18, 

4 United States Code, as amended by section 3407, to 

5 reflect the serious nature of such offenses. 

6 (2) REPORT.—Not later than 1 year after the 

7 date of the enactment of this Act, the United States 

8 Sentencing Commission shall submit a report on the 

9 implementation of this subsection to— 

10 (A) the Committee on the Judiciary of the 

11 Senate; and 

12 (B) the Committee on the Judiciary of the 

13 House of Representatives. 

14 (b) PROTECTION FOR LEGITIMATE REFUGEES AND

15 ASYLUM SEEKERS.— 

16 (1) IN GENERAL.— 

17 (A) REQUIREMENT FOR GUIDELINES.— 

18 The Attorney General, in consultation with the 

19 Secretary, shall develop binding prosecution 

20 guidelines for Federal prosecutors to ensure 

21 that each prosecution of an alien seeking entry 

22 into the United States by fraud is consistent 

23 with the United States treaty obligations under 

24 Article 31(1) of the Convention Relating to the 

25 Status of Refugees, done at Geneva July 28, 


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1 1951 (as made applicable by the Protocol Relat2 ing to the Status of Refugees, done at New 

3 York January 31, 1967 (19 UST 6223)). 

4 (B) NO PRIVATE RIGHT OF ACTION.—The 

5 guidelines developed pursuant to subparagraph 

6 (A), and any internal office procedures related 

7 to such guidelines— 

8 (i) are intended solely for the guid9 ance of attorneys of the United States; and 

10 (ii) are not intended to, do not, and 

11 may not be relied upon to, create any right 

12 or benefit, substantive or procedural, en13 forceable at law by any party in any ad14 ministrative, civil, or criminal matter. 

15 (2) PROTECTION OF VULNERABLE PERSONS.— 

16 A person described in paragraph (3) may not be 

17 prosecuted under chapter 75 of title 18, United 

18 States Code, or under section 275 or 276 of the Im19 migration and Nationality Act (8 U.S.C. 1325 and 

20 1326), in connection with the person’s entry or at21 tempted entry into the United States until after the 

22 date on which the person’s application for such pro23 tection, classification, or status has been adjudicated 

24 and denied in accordance with the Immigration and 

25 Nationality Act (8 U.S.C. 1101 et seq.). 


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1 (3) PERSONS SEEKING PROTECTION, CLASSI2 FICATION, OR STATUS.—A person described in this 

3 paragraph is a person who— 

4 (A) is seeking protection, classification, or 

5 status; and 

6 (B)(i) has filed an application for asylum 

7 under section 208 of the Immigration and Na8 tionality Act (8 U.S.C. 1158), withholding of 

9 removal under section 241(b)(3) of such Act (8 

10 U.S.C. 1231(b)(3)), or relief under the Conven11 tion against Torture and Other Cruel, Inhuman 

12 or Degrading Treatment or Punishment, done 

13 at New York, December 10, 1994, pursuant to 

14 title 8, Code of Federal Regulations; 

15 (ii) indicates immediately after apprehen16 sion, that he or she intends to apply for such 

17 asylum, withholding of removal, or relief and 

18 promptly files the appropriate application; 

19 (iii) has been referred for a credible fear 

20 interview, a reasonable fear interview, or an 

21 asylum-only hearing under section 235 of the 

22 Immigration and Nationality Act (8 U.S.C. 

23 1225) or title 8, Code of Federal Regulations; 

24 or 


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1 (iv) has filed an application for classifica2 tion or status under— 

3 (I) subparagraph (T) or (U) of para4 graph (15), paragraph (27)(J), or para5 graph (51) of section 101(a) of the Immi6 gration and Nationality Act (8 U.S.C. 

7 1101(a)); or 

8 (II) section 216(c)(4)(C) or 

9 240A(b)(2), of such Act (8 U.S.C. 

10 1186a(c)(4)(C) and 1229b(b)(2)). 

11 SEC. 3711. INADMISSIBLE ALIENS. 

12 (a) DETERRING ALIENS ORDERED REMOVED FROM

13 REMAINING IN THE UNITED STATES UNLAWFULLY.— 

14 Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amend15 ed— 

16 (1) in clause (i), by striking ‘‘seeks admission 

17 within 5 years of the date of such removal (or within 

18 20 years’’ and inserting ‘‘seeks admission not later 

19 than 5 years after the date of the alien’s removal (or 

20 not later than 20 years after the alien’s removal’’; 

21 and 

22 (2) in clause (ii), by striking ‘‘seeks admission 

23 within 10 years of the date of such alien’s departure 

24 or removal (or within 20 years of’’ and inserting 

25 ‘‘seeks admission not later than 10 years after the 


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1 date of the alien’s departure or removal (or not later 

2 than 20 years after’’. 

3 (b) BIOMETRIC SCREENING.—Section 212 (8 U.S.C. 

4 1182) is amended— 

5 (1) in subsection (a)(7), by adding at the end 

6 the following: 

7 ‘‘(C) WITHHOLDING INFORMATION.—Ex8 cept as provided in subsection (d)(2), any alien 

9 who willfully, through his or her own fault, re10 fuses to comply with a lawful request for bio11 metric information is inadmissible.’’; and 

12 (2) in subsection (d), by inserting after para13 graph (1) the following: 

14 ‘‘(2) The Secretary may waive the application 

15 of subsection (a)(7)(C) for an individual alien or a 

16 class of aliens.’’. 

17 (c) PRECLUDING ADMISSIBILITY OF ALIENS CON18 VICTED OF SERIOUS CRIMINAL OFFENSES AND DOMESTIC

19 VIOLENCE, STALKING, CHILD ABUSE AND VIOLATION OF

20 PROTECTION ORDERS.— 

21 (1) INADMISSIBILITY ON CRIMINAL AND RE22 LATED GROUNDS; WAIVERS.—Section 212 (8 U.S.C. 

23 1182), as amended by section 3302, is further 

24 amended— 


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1 (A) in subsection (a)(2), as amended by 

2 sections 3401 and 3402, is further amended by 

3 inserting after subparagraph (J) the following: 

4 ‘‘(K) CRIMES OF DOMESTIC VIOLENCE, 

5 STALKING, OR VIOLATION OF PROTECTIVE OR6 DERS; CRIMES AGAINST CHILDREN.— 

7 ‘‘(i) DOMESTIC VIOLENCE, STALKING, 

8 AND CHILD ABUSE.— 

9 ‘‘(I) IN GENERAL.—Any alien 

10 who has been convicted of a crime of 

11 domestic violence, a crime of stalking, 

12 or a crime of child abuse, child ne13 glect, or child abandonment, provided 

14 the alien served at least 1 year impris15 onment for the crime, or provided the 

16 alien was convicted of offenses consti17 tuting more than 1 such crime, not 

18 arising out of a single scheme of 

19 criminal misconduct, is inadmissible. 

20 ‘‘(II) CRIME OF DOMESTIC VIO21 LENCE DEFINED.—In this clause, the 

22 term ‘crime of domestic violence’ 

23 means any crime of violence (as de24 fined in section 16 of title 18, United 

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1 mitted by a current or former spouse 

2 of the person, by an individual with 

3 whom the person shares a child in 

4 common, by an individual who is co5 habiting with or has cohabited with 

6 the person as a spouse, by an indi7 vidual similarly situated to a spouse 

8 of the person under the domestic or 

9 family violence laws of the jurisdiction 

10 where the offense occurs, or by any 

11 other individual against a person who 

12 is protected from that individual’s 

13 acts under the domestic or family vio14 lence laws of the United States or any 

15 State, Indian tribal government, or 

16 unit of local or foreign government. 

17 ‘‘(ii) VIOLATORS OF PROTECTION OR18 DERS.— 

19 ‘‘(I) IN GENERAL.—Any alien 

20 who at any time is enjoined under a 

21 protection order issued by a court and 

22 whom the court determines has en23 gaged in conduct that constitutes 

24 criminal contempt of the portion of a 

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1 tion against credible threats of vio2 lence, repeated harassment, or bodily 

3 injury to the person or persons for 

4 whom the protection order was issued, 

5 is inadmissible. 

6 ‘‘(II) PROTECTION ORDER DE7 FINED.—In this clause, the term ‘pro8 tection order’ means any injunction 

9 issued for the purpose of preventing 

10 violent or threatening acts of domestic 

11 violence, including temporary or final 

12 orders issued by civil or criminal 

13 courts (other than support or child 

14 custody orders or provisions) whether 

15 obtained by filing an independent ac16 tion or as an independent order in an17 other proceeding. 

18 ‘‘(iii) APPLICABILITY.—This subpara19 graph shall not apply to an alien who has 

20 been battered or subjected to extreme cru21 elty and who is not and was not the pri22 mary perpetrator of violence in the rela23 tionship, upon a determination by the At24 torney General or the Secretary of Home25 land Security that— 


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1 ‘‘(I) the alien was acting in self2 defense; 

3 ‘‘(II) the alien was found to have 

4 violated a protection order intended to 

5 protect the alien; or 

6 ‘‘(III) the alien committed, was 

7 arrested for, was convicted of, or pled 

8 guilty to committing a crime that did 

9 not result in serious bodily injury.’’; 

10 (B) in subsection (h)— 

11 (i) by striking ‘‘The Attorney General 

12 may, in his discretion, waive the applica13 tion of subparagraphs (A)(i)(I), (B), (D), 

14 and (E) of subsection (a)(2)’’ and inserting 

15 ‘‘The Attorney General or the Secretary of 

16 Homeland Security may waive the applica17 tion of subparagraphs (A)(i)(I), (B), (D), 

18 (E), of subsection (a)(2)’’; and 

19 (ii) by inserting ‘‘or Secretary of 

20 Homeland Security’’ after ‘‘the Attorney 

21 General’’ each place that term appears. 

22 (2) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall apply to any acts that oc24 curred on or after the date of the enactment of this 

25 Act. 


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1 SEC. 3712. ORGANIZED AND ABUSIVE HUMAN SMUGGLING 

2 ACTIVITIES. 

3 (a) ENHANCED PENALTIES.— 

4 (1) IN GENERAL.—Title II (8 U.S.C. 1151 et 

5 seq.) is amended by adding at the end the following: 

6 ‘‘SEC. 295. ORGANIZED HUMAN SMUGGLING. 

7 ‘‘(a) PROHIBITED ACTIVITIES.—Whoever, while act8 ing for profit or other financial gain, knowingly directs 

9 or participates in an effort or scheme to assist or cause 

10 5 or more persons (other than a parent, spouse or child 

11 of the offender)— 

12 ‘‘(1) to enter, attempt to enter, or prepare to 

13 enter the United States— 

14 ‘‘(A) by fraud, falsehood, or other corrupt 

15 means; 

16 ‘‘(B) at any place other than a port or 

17 place of entry designated by the Secretary; or 

18 ‘‘(C) in a manner not prescribed by the im19 migration laws and regulations of the United 

20 States; or 

21 ‘‘(2) to travel by air, land, or sea toward the 

22 United States (whether directly or indirectly)— 

23 ‘‘(A) knowing that the persons seek to 

24 enter or attempt to enter the United States 

25 without lawful authority; and 


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1 ‘‘(B) with the intent to aid or further such 

2 entry or attempted entry; or 

3 ‘‘(3) to be transported or moved outside of the 

4 United States— 

5 ‘‘(A) knowing that such persons are aliens 

6 in unlawful transit from one country to another 

7 or on the high seas; and 

8 ‘‘(B) under circumstances in which the 

9 persons are in fact seeking to enter the United 

10 States without official permission or legal au11 thority; 

12 shall be punished as provided in subsection (c) or 

13 (d). 

14 ‘‘(b) CONSPIRACY AND ATTEMPT.—Any person who 

15 attempts or conspires to violate subsection (a) of this sec16 tion shall be punished in the same manner as a person 

17 who completes a violation of such subsection. 

18 ‘‘(c) BASE PENALTY.—Except as provided in sub19 section (d), any person who violates subsection (a) or (b) 

20 shall be fined under title 18, imprisoned for not more than 

21 20 years, or both. 

22 ‘‘(d) ENHANCED PENALTIES.—Any person who vio23 lates subsection (a) or (b) shall— 

24 ‘‘(1) in the case of a violation during and in re25 lation to which a serious bodily injury (as defined in 


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1 section 1365 of title 18) occurs to any person, be 

2 fined under title 18, imprisoned for not more than 

3 30 years, or both; 

4 ‘‘(2) in the case of a violation during and in re5 lation to which the life of any person is placed in 

6 jeopardy, be fined under title 18, imprisoned for not 

7 more than 30 years, or both; 

8 ‘‘(3) in the case of a violation involving 10 or 

9 more persons, be fined under title 18, imprisoned for 

10 not more than 30 years, or both; 

11 ‘‘(4) in the case of a violation involving the 

12 bribery or corruption of a U.S. or foreign govern13 ment official, be fined under title 18, imprisoned for 

14 not more than 30 years, or both;’’. 

15 ‘‘(5) in the case of a violation involving robbery 

16 or extortion (as those terms are defined in para17 graph (1) or (2), respectively, of section 1951(b)) be 

18 fined under title 18, imprisoned for not more than 

19 30 years, or both; 

20 ‘‘(6) in the case of a violation during and in re21 lation to which any person is subjected to an invol22 untary sexual act (as defined in section 2246(2) of 

23 title 18), be fined under title 18, imprisoned for not 

24 more than 30 years, or both; or 


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1 ‘‘(7) in the case of a violation resulting in the 

2 death of any person, be fined under title 18, impris3 oned for or any term of years or for life, or both. 

4 ‘‘(e) LAWFUL AUTHORITY DEFINED.— 

5 ‘‘(1) IN GENERAL.—In this section, the term 

6 ‘lawful authority’— 

7 ‘‘(A) means permission, authorization, or 

8 license that is expressly provided for in the im9 migration laws of the United States or accom10 panying regulations: and 

11 ‘‘(B) does not include any such authority 

12 secured by fraud or otherwise obtained in viola13 tion of law; nor does it include authority 

14 sought, but not approved. 

15 ‘‘(2) APPLICATION TO TRAVEL OR ENTRY.—No 

16 alien shall be deemed to have lawful authority to 

17 travel to or enter the United States if such travel or 

18 entry was, is, or would be in violation of law. 

19 ‘‘(f) EFFORT OR SCHEME.—For purposes of this sec20 tion, ‘effort or scheme to assist or cause 5 or more per21 sons’ does not require that the 5 or more persons enter, 

22 attempt to enter, prepare to enter, or travel at the same 

23 time so long as the acts are completed within 1 year. 


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1 ‘‘SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BOR2 DER, AND CUSTOMS CONTROLS. 

3 ‘‘(a) ILLICIT SPOTTING.—Whoever knowingly trans4 mits to another person the location, movement, or activi5 ties of any Federal, State, or tribal law enforcement agen6 cy with the intent to further a Federal crime relating to 

7 United States immigration, customs, controlled sub8 stances, agriculture, monetary instruments, or other bor9 der controls shall be fined under title 18, imprisoned not 

10 more than 10 years, or both. 

11 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

12 CONTROLS.—Whoever knowingly and without lawful au13 thorization destroys, alters, or damages any fence, barrier, 

14 sensor, camera, or other physical or electronic device de15 ployed by the Federal government to control the border 

16 or a port of entry or otherwise seeks to construct, exca17 vate, or make any structure intended to defeat, circumvent 

18 or evade any such fence, barrier, sensor camera, or other 

19 physical or electronic device deployed by the Federal gov20 ernment to control the border or a port of entry shall be 

21 fined under title 18, imprisoned not more than 10 years, 

22 or both, and if, at the time of the offense, the person uses 

23 or carries a firearm or who, in furtherance of any such 

24 crime, possesses a firearm, that person shall be fined 

25 under Title 18, imprisoned not more than 20 years, or 

26 both 


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1 ‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who 

2 attempts or conspires to violate subsection (a) or (b) of 

3 this section shall be punished in the same manner as a 

4 person who completes a violation of such subsection.’’. 

5 (2) TABLE OF CONTENTS AMENDMENT.—The 

6 table of contents is amended by adding after the 

7 item relating to section 294 the following: 

‘‘Sec. 295. Organized human smuggling. 

‘‘Sec. 296. Unlawfully hindering immigration, border, and customs controls.’’. 

8 (b) PROHIBITING CARRYING OR USE OF A FIREARM

9 DURING AND IN RELATION TO AN ALIEN SMUGGLING

10 CRIME.—Section 924(c) of title 18, United States Code, 

11 is amended— 

12 (1) in paragraph (1)— 

13 (A) in subparagraph (A), by inserting ‘‘, 

14 alien smuggling crime,’’ after ‘‘crime of vio15 lence’’ each place that term appears; and 

16 (B) in subparagraph (D)(ii), by inserting 

17 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio18 lence’’; and 

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

20 ‘‘(6) For purposes of this subsection, the term ‘alien 

21 smuggling crime’ means any felony punishable under sec22 tion 274(a), 277, or 278 of the Immigration and Nation23 ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 


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1 (c) STATUTE OF LIMITATIONS.—Section 3298 of title 

2 18, United States Code, is amended by inserting ‘‘, 295, 

3 296, or 297’’ after ‘‘274(a)’’. 

4 SEC. 3713. PREVENTING CRIMINALS FROM RENOUNCING 

5 CITIZENSHIP DURING WARTIME. 

6 Section 349(a) (8 U.S.C. 1481(a) is amended— 

7 (1) by striking paragraph (6) ; and 

8 (2) redesignating paragraph (7) as paragraph 

9 (6). 

10 SEC. 3714. DIPLOMATIC SECURITY SERVICE. 

11 Paragraph (1) of section 37(a) of the State Depart12 ment Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) 

13 is amended to read as follows: 

14 ‘‘(1) conduct investigations concerning— 

15 ‘‘(A) illegal passport or visa issuance or 

16 use; 

17 ‘‘(B) identity theft or document fraud af18 fecting or relating to the programs, functions, 

19 and authorities of the Secretary of State; 

20 ‘‘(C) violations of chapter 77 of title 18, 

21 United States Code; and 

22 ‘‘(D) Federal offenses committed within 

23 the special maritime and territorial jurisdiction 

24 of the United States (as defined in section 7(9) 

25 of title 18, United States Code);’’. 


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1 SEC. 3715. SECURE ALTERNATIVES PROGRAMS. 

2 (a) IN GENERAL.—The Secretary shall establish se3 cure alternatives programs that incorporate case manage4 ment services in each field office of the Department to 

5 ensure appearances at immigration proceedings and public 

6 safety. 

7 (b) CONTRACT AUTHORITY.—The Secretary shall 

8 contract with nongovernmental community based organi9 zations to conduct screening of detainees, provide appear10 ance assistance services, and operate community-based su11 pervision programs. Secure alternatives shall offer a con12 tinuum of supervision mechanisms and options including 

13 community support, depending on an assessment of each 

14 individual’s circumstances. The Secretary may contract 

15 with nongovernmental organizations to implement secure 

16 alternatives that maintain custody over the alien. 

17 (c) INDIVIDUALIZED DETERMINATIONS.—In deter18 mining whether to use secure alternatives, the Secretary 

19 shall make an individualized determination, and for each 

20 individual placed on secure alternatives shall review the 

21 level of supervision on a monthly basis. Secure alternatives 

22 shall not be used when release on bail or recognizance is 

23 determined to be a sufficient measure to ensure appear24 ances at immigration proceedings and public safety. 

25 (d) CUSTODY.—The Secretary may use secure alter26 natives programs to maintain custody over any alien deVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00646 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 tained under this Act except for aliens detained under sec2 tion 236A of the Immigration and Nationality Act (8 

3 U.S.C. 1226a). If an individual is not eligible for release 

4 from custody or detention, the Secretary shall consider the 

5 alien for placement in secure alternatives that maintain 

6 custody over the alien to serve as detention, including the 

7 use of electronic ankle devices. 

8 SEC. 3716. OVERSIGHT OF DETENTION FACILITIES. 

9 (a) DEFINITIONS.—In this section: 

10 (1) APPLICABLE STANDARDS.—The term ‘‘ap11 plicable standards’’ means the most recent version of 

12 detention standards and detention-related policies 

13 issued by the Secretary or the Director of U.S. Im14 migration and Customs Enforcement. 

15 (2) DETENTION FACILITY.—The term ‘‘deten16 tion facility’’ means a Federal, State, or local gov17 ernment facility, or a privately owned and operated 

18 facility, that is used, in whole or in part, to hold in19 dividuals under the authority of the Director of U.S. 

20 Immigration and Customs Enforcement, including 

21 facilities that hold such individuals under a contract 

22 or agreement with the Director. 

23 (b) DETENTION REQUIREMENTS.—The Secretary 

24 shall ensure that all persons detained pursuant to the Im25 migration and Nationality Act (8 U.S.C. 1101 et seq.) are 


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1 treated humanely and benefit from the protections set 

2 forth in this section. 

3 (c) OVERSIGHT REQUIREMENTS.— 

4 (1) ANNUAL INSPECTION.—All detention facili5 ties shall be inspected by the Secretary on a regular 

6 basis, but not less than annually, for compliance 

7 with applicable detention standards issued by the 

8 Secretary and other applicable regulations. 

9 (2) ROUTINE OVERSIGHT.—In addition to an10 nual inspections, the Secretary shall conduct routine 

11 oversight of detention facilities, including unan12 nounced inspections. 

13 (3) AVAILABILITY OF RECORDS.—All detention 

14 facility contracts, memoranda of agreement, and 

15 evaluations and reviews shall be considered records 

16 for purposes of section 552(f)(2) of title 5, United 

17 States Code. 

18 (4) CONSULTATION.—The Secretary shall seek 

19 input from nongovernmental organizations regarding 

20 their independent opinion of specific facilities. 

21 (d) COMPLIANCE MECHANISMS.— 

22 (1) AGREEMENTS.— 

23 (A) NEW AGREEMENTS.—Compliance with 

24 applicable standards of the Secretary and all 

25 applicable regulations, and meaningful financial 


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1 penalties for failure to comply, shall be a mate2 rial term in any new contract, memorandum of 

3 agreement, or any renegotiation, modification, 

4 or renewal of an existing contract or agreement, 

5 including fee negotiations, executed with deten6 tion facilities. 

7 (B) EXISTING AGREEMENTS.—Not later 

8 than 180 days after the date of the enactment 

9 of this Act, the Secretary shall secure a modi10 fication incorporating these terms for any exist11 ing contracts or agreements that will not be re12 negotiated, renewed, or otherwise modified. 

13 (C) CANCELLATION OF AGREEMENTS.— 

14 Unless the Secretary provides a reasonable ex15 tension to a specific detention facility that is 

16 negotiating in good faith, contracts or agree17 ments with detention facilities that are not 

18 modified within 1 year of the date of the enact19 ment of this Act will be cancelled. 

20 (D) PROVISION OF INFORMATION.—In 

21 making modifications under this paragraph, the 

22 Secretary shall require that detention facilities 

23 provide to the Secretary all contracts, memo24 randa of agreement, evaluations, and reviews 

25 regarding the facility on a regular basis. The 


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1 Secretary shall make these materials publicly 

2 available. 

3 (2) FINANCIAL PENALTIES.— 

4 (A) REQUIREMENT TO IMPOSE.—Subject 

5 to subparagraph (C), the Secretary shall impose 

6 meaningful financial penalties upon facilities 

7 that fail to comply with applicable detention 

8 standards issued by the Secretary and other ap9 plicable regulations. 

10 (B) TIMING OF IMPOSITION.—Financial 

11 penalties imposed under subparagraph (A) shall 

12 be imposed immediately after a facility fails to 

13 achieve an adequate or the equivalent median 

14 score in any performance evaluation. 

15 (C) WAIVER.—The requirements of sub16 paragraph (A) may be waived if the facility cor17 rects the noted deficiencies and receives an ade18 quate score in not more than 90 days. 

19 (D) MULTIPLE OFFENDERS.—In cases of 

20 persistent and substantial non-compliance, in21 cluding scoring less than adequate or the equiv22 alent median score in 2 consecutive inspections, 

23 the Secretary shall terminate contracts or 

24 agreements with such facilities within 60 days, 

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1 retary, such facilities shall be closed within 90 

2 days. 

3 (e) REPORTING REQUIREMENTS.— 

4 (1) OBJECTIVES.—Not later than June 30 of 

5 each year, the Secretary shall prepare and submit to 

6 the Committee on the Judiciary of the Senate and 

7 the Committee on the Judiciary of the House of 

8 Representatives a report on inspection and oversight 

9 activities of detention facilities. 

10 (2) CONTENTS.—Each report submitted under 

11 paragraph (1) shall include— 

12 (A) a description of each detention facility 

13 found to be in noncompliance with applicable 

14 detention standards issued by the Department 

15 and other applicable regulations; 

16 (B) a description of the actions taken by 

17 the Department to remedy any findings of non18 compliance or other identified problems, includ19 ing financial penalties, contract or agreement 

20 termination, or facility closure; and 

21 (C) information regarding whether the ac22 tions described in subparagraph (B) resulted in 

23 compliance with applicable detention standards 

24 and regulations. 


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1 SEC. 3717. PROCEDURES FOR BOND HEARINGS AND FILING 

2 OF NOTICES TO APPEAR. 

3 (a) ALIENS IN CUSTODY.—Section 236 (8 U.S.C. 

4 1226) is amended by adding at the end the following: 

5 ‘‘(f) PROCEDURES FOR CUSTODY HEARINGS.—For 

6 any alien taken into custody under any provision of this 

7 Act, with the exception of minors being transferred to or 

8 in the custody of the Office of Refugee Resettlement, the 

9 following shall apply: 

10 ‘‘(1) The Secretary of Homeland Security shall, 

11 without unnecessary delay and not later than 72 

12 hours after the alien is taken into custody, file the 

13 Notice to Appear or other relevant charging docu14 ment with the immigration court having jurisdiction 

15 over the location where the alien was apprehended, 

16 and serve such notice on the alien. 

17 ‘‘(2) The Secretary shall immediately determine 

18 whether the alien shall remain in custody or be re19 leased and, without unnecessary delay and not later 

20 than 72 hours after the alien was taken into cus21 tody, serve upon the alien the custody decision speci22 fying the reasons for continued custody and the 

23 amount of bond if any. 

24 ‘‘(3) The Attorney General shall ensure the 

25 alien has the opportunity to appear before an immi26 gration judge for a custody determination hearing 


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1 promptly after service of the Secretary’s custody de2 cision. The immigration judge may, on the Sec3 retary’s motion and upon a showing of good cause, 

4 postpone a custody determination hearing for no 

5 more than 72 hours after service of the custody deci6 sion, except that in no case shall the hearing occur 

7 more than seven days (including weekends and holi8 days) after the alien was taken into custody. 

9 ‘‘(4) The immigration judge shall advise the 

10 alien of the right to postpone the custody determina11 tion hearing and shall, on the oral or written request 

12 of the individual, postpone the custody determina13 tion hearing for a period of no more than 14 days. 

14 ‘‘(5) Except for aliens that the immigration 

15 judge has determined are deportable as described in 

16 section 236A and 236(c), the immigration judge 

17 shall review the custody determination de novo and 

18 may detain the alien only if the Secretary dem19 onstrates that no conditions, including the use of al20 ternatives to detention that maintain custody over 

21 the alien, will reasonably assure the appearance of 

22 the alien as required and the safety of any other 

23 person and the community. For aliens detained 

24 under 236(c), the immigration judge may review the 

25 custody determination if the Secretary agrees the 


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1 alien is not a danger to the community and alter2 natives to detention exist that assure the appearance 

3 of the alien as required and the safety of any other 

4 person and the community. 

5 ‘‘(6) In the case of any alien remaining in cus6 tody after a custody determination, the Attorney 

7 General shall provide de novo custody determination 

8 hearings before an immigration judge every 90 days 

9 so long as the alien remains in custody. The alien 

10 may obtain a de novo custody redetermination hear11 ing upon a showing of good cause. 

12 ‘‘(7) The Secretary shall inform the alien of his 

13 or her rights under this paragraph at the time the 

14 alien is first taken into custody.’’. 

15 (b) STIPULATED REMOVAL.—Section 240(d) (8 

16 U.S.C. 1229a) is amended to read as follows: 

17 ‘‘(d) STIPULATED REMOVAL.—The Attorney General 

18 shall provide by regulation for the entry by an immigration 

19 judge of an order of removal stipulated to by the alien 

20 (or the alien’s representative) and the Service. An immi21 gration judge may enter a stipulated removal order only 

22 upon a finding at an in-person hearing that the stipulation 

23 is voluntary, knowing and intelligent. A stipulated order 

24 shall constitute a conclusive determination of the alien’s 

25 removability from the United States.’’. 


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1 SEC. 3718. SANCTIONS FOR COUNTRIES THAT DELAY OR 

2 PREVENT REPATRIATION OF THEIR NATION3 ALS. 

4 Section 243(d) (8 U.S.C. 1253(d)) is amended to 

5 read as follows: 

6 ‘‘(d) DISCONTINUING GRANTING VISAS TO NATION7 ALS OF COUNTRIES THAT DENY OR DELAY ACCEPTING

8 ALIENS.—Notwithstanding section 221(c), if the Sec9 retary of Homeland Security determines, in consultation 

10 with the Secretary of State, that the government of a for11 eign country denies or unreasonably delays accepting 

12 aliens who are citizens, subjects, nationals, or residents 

13 of that country after the Secretary asks whether the gov14 ernment will accept an alien under this section, or after 

15 a determination that the alien is inadmissible under para16 graph (6) or (7) of section 212(a), the Secretary of State 

17 shall order consular officers in that foreign country to dis18 continue granting visas, or classes of visas until the Sec19 retary of Homeland Security notifies the Secretary of 

20 State that the country has accepted the aliens.’’. 

21 SEC. 3719. GROSS VIOLATIONS OF HUMAN RIGHTS. 

22 (a) INADMISSIBILITY OF CERTAIN ALIENS.—Section 

23 212(a)(3)(E)(iii) of the Immigration and Nationality Act 

24 (8 U.S.C. 1182(a)(3)(E)(iii)) is amended to read as fol25 lows: 


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1 ‘‘(iii) COMMISSION OF ACTS OF TOR2 TURE, EXTRAJUDICIAL KILLINGS, WAR

3 CRIMES, OR WIDESPREAD OR SYSTEMATIC

4 ATTACKS ON CIVILIANS.—Any alien who 

5 planned, ordered, assisted, aided and abet6 ted, committed, or otherwise participated, 

7 including through command responsibility, 

8 in the commission of— 

9 ‘‘(I) any act of torture (as de10 fined in section 2340 of title 18, 

11 United States Code); 

12 ‘‘(II) any extrajudicial killing (as 

13 defined in section 3(a) of the Torture 

14 Victim Protection Act of 1991 (28 

15 U.S.C. 1350 note)) under color of law 

16 of any foreign nation; 

17 ‘‘(III) a war crime (as defined in 

18 section 2441 of title 18, United States 

19 Code); or 

20 ‘‘(IV) a widespread or systematic 

21 attack directed against a civilian pop22 ulation, with knowledge of the attack, 

23 murder, extermination, enslavement, 

24 forcible transfer of population, arbi25 trary detention, rape, sexual slavery, 


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1 enforced prostitution, forced preg2 nancy, enforced sterilization, or any 

3 other form of sexual violence of com4 parable gravity; 

5 ‘‘(V) persecution on political ra6 cial, national, ethnic, cultural, reli7 gious, or gender grounds; 

8 ‘‘(VI) enforced disappearance of 

9 persons; or 

10 ‘‘(VII) other inhumane acts of a 

11 similar character intentionally causing 

12 great suffering or serious bodily or 

13 mental injury, 

14 is in admissible.’’. 

15 (b) NONAPPLICABILITY OF CONFIDENTIALITY RE16 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

17 President may make public, without regard to the require18 ments under section 222(f) of the Immigration and Na19 tionality Act (8 U.S.C. 1202(f)), with respect to confiden20 tiality of records pertaining to the issuance or refusal of 

21 visas or permits to enter the United States, the names 

22 of aliens deemed inadmissible on the basis of section 

23 212(a)(3)(E)(iii) of the Immigration and Nationality Act, 

24 as amended by subsection (a). 


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1 TITLE IV—REFORMS TO NON2 IMMIGRANT VISA PROGRAMS 

3 Subtitle A—Employment-based 

4 Nonimmigrant Visas 

5 SEC. 4101. MARKET-BASED H–1B VISA LIMITS. 

6 (a) IN GENERAL.—Section 214(g) (8 U.S.C. 

7 1184(g)) is amended— 

8 (1) in paragraph (1)— 

9 (A) in the matter preceding subparagraph 

10 (A), by striking ‘‘(beginning with fiscal year 

11 1992)’’; and 

12 (B) by amending subparagraph (A) to read 

13 as follows: 

14 ‘‘(A) under section 101(a)(15)(H)(i)(b) 

15 may not exceed— 

16 ‘‘(i) 110,000 for the first fiscal year 

17 beginning after the date of the enactment 

18 the Border Security, Economic Oppor19 tunity, and Immigration Modernization 

20 Act; and 

21 ‘‘(ii) the number calculated under 

22 paragraph (9) for succeeding fiscal year; 

23 or’’; 

24 (2) by redesignating paragraph (10) as sub25 paragraph (D) of paragraph (9); 


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1 (3) by redesignating paragraph (9) as para2 graph (10); and 

3 (4) by inserting after paragraph (8) the fol4 lowing: 

5 ‘‘(9)(A) Except as provided in subparagraphs (B) 

6 and (C), the allocation of nonimmigrant visas under sec7 tion 101(a)(15)(H)(i)(b) for each fiscal year after the first 

8 fiscal year beginning after the date of the enactment of 

9 the Border Security, Economic Opportunity, and Immi10 gration Modernization Act shall be equal to the sum of— 

11 ‘‘(i) the allocation of such visas for the most re12 cently completed fiscal year; and 

13 ‘‘(ii) the product of— 

14 ‘‘(I) the allocation of such visas for the 

15 most recently completed fiscal year; multiplied 

16 by 

17 ‘‘(II) the High Skilled Jobs Demand Index 

18 for such fiscal year calculated under subpara19 graph (C). 

20 ‘‘(B)(i) The number of visas calculated under sub21 paragraph (A) for any fiscal year shall not be less than 

22 110,000 or more than 180,000. 

23 ‘‘(ii) The number of visas calculated under subpara24 graph (A) for any fiscal year may not be more than 10,000 


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1 more than, or less than 10,000 less than, the allocation 

2 of such visas for the previous fiscal year. 

3 ‘‘(C) The High Skilled Jobs Demand Index calculated 

4 under this subparagraph for a fiscal year is the percentage 

5 equal to the sum of— 

‘‘(i) 1 6 ⁄2 of a fraction— 

7 ‘‘(I) the numerator of which is the number 

8 of nonimmigrant visas under section 

9 101(a)(15)(H)(i)(b) petitioned for during the 

10 previous fiscal year minus the numerical limita11 tion of such visas determined under paragraph 

12 (1) for the previous fiscal year; and 

13 ‘‘(II) the denominator of which is the nu14 merical limitation of such visas determined 

15 under paragraph (1) for the previous fiscal 

16 year; and 

‘‘(ii) 1 17 ⁄2 of a fraction— 

18 ‘‘(I) the numerator of which is the average 

19 number of specified unemployed persons for the 

20 previous fiscal year minus the average number 

21 of specified unemployed persons for such fiscal 

22 year; and 

23 ‘‘(II) the denominator of which is the aver24 age number of specified unemployed persons for 

25 such fiscal year. 


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1 ‘‘(D) If the actual number of visas under section 

2 101(a)(15)(H)(i)(b) applied for during a previous fiscal 

3 year is not available at the time the Secretary determines 

4 the numerical limitation under subparagraph (C) for the 

5 following fiscal year, the Secretary may estimate such 

6 number based on a statistical extrapolation of the number 

7 of applications for such visas received at the time such 

8 estimate is made. 

9 ‘‘(E) For purposes of subparagraph (C), the term 

10 ‘specified unemployed persons’ means, with respect to any 

11 fiscal year, the number of unemployed persons in the 

12 ‘management, professional, and related occupations’ cat13 egory of the employment report released by the Bureau 

14 of Labor Statistics.’’. 

15 (b) INCREASE IN ALLOCATION FOR STEM NON16 IMMIGRANTS.—Section 214(g)(5)(C) (8 U.S.C. 

17 1184(g)(5)(C)) is amended to read as follows: 

18 ‘‘(C) has earned a master’s or higher, in a field 

19 of science, technology, engineering, or math included 

20 in the Department of Education’s Classification of 

21 Instructional Programs taxonomy within the sum22 mary groups of computer and information sciences 

23 and support services, engineering, mathematics and 

24 statistics, and physical sciences, from a United 

25 States institution of higher education (as defined in 


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1 section 101(a) of the Higher Education Act of 1965 

2 (20 U.S.C. 1001(a)) until the number of aliens who 

3 are exempted from such numerical limitation during 

4 such year exceed 25,000.’’. 

5 (c) PUBLICATION.— 

6 (1) DATA SUMMARIZING PETITIONS.—The Sec7 retary shall timely upload to a public website data 

8 that summarizes the adjudication of nonimmigrant 

9 petitions under section 101(a)(15)(H)(i)(b) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1101(a)(15)(H)(i)(b)) during each fiscal year. 

12 (2) ANNUAL NUMERICAL LIMITATION.—As soon 

13 as practicable and no later than March 2 of each fis14 cal year, the Secretary shall publish in the Federal 

15 Register the numerical limitation determined under 

16 section 214(g)(1)(A) for such fiscal year. 

17 (d) EFFECTIVE DATE AND APPLICATION.—The 

18 amendments made by subsection (a) shall take effect on 

19 the first day of the first fiscal year beginning after the 

20 date of the enactment of this Act and apply to applications 

21 for nonimmigrant visas under section 101(a)(15)(H)(i)(b) 

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

23 1101(a)(15)(H)(i)(b)) for such fiscal year. 


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1 SEC. 4102. EMPLOYMENT AUTHORIZATION FOR DEPEND2 ENTS OF EMPLOYMENT-BASED NON3 IMMIGRANTS. 

4 Section 214(c) (8 U.S.C. 1184(c)) is amended— 

5 (1) by striking ‘‘Attorney General’’ each place 

6 such term appears and inserting ‘‘Secretary of 

7 Homeland Security’’; and 

8 (2) in paragraph (2), by amending subpara9 graph (E) to read as follows: 

10 ‘‘(E)(i) In the case of an alien spouse admitted under 

11 section 101(a)(15)(L), who is accompanying or following 

12 to join a principal alien admitted under such section, the 

13 Secretary of Homeland Security shall— 

14 ‘‘(I) authorize the alien spouse to engage in em15 ployment in the United States; and 

16 ‘‘(II) provide the spouse with an ‘employment 

17 authorized’ endorsement or other appropriate work 

18 permit. 

19 ‘‘(ii) In the case of an alien spouse admitted under 

20 section 101(a)(15)(H)(i), who is accompanying or fol21 lowing to join a principal alien admitted under such sec22 tion, the Secretary of Homeland Security shall— 

23 ‘‘(I) authorize the alien spouse to engage in em24 ployment in the United States only if such spouse is 

25 a national of a foreign country that permits recip26 rocal employment; and 


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1 ‘‘(II) provide such a spouse with an ‘employ2 ment authorized’ endorsement or other appropriate 

3 work permit, if appropriate. 

4 ‘‘(iii)(I) In clause (ii), the term ‘foreign country that 

5 permits reciprocal employment’ means a foreign country 

6 that permits a spouse who is a national of the United 

7 States and is accompanying or following to join the em8 ployment-based nonimmigrant husband or wife of such 

9 spouse to be employed in such foreign country based on 

10 that status. 

11 ‘‘(II) In subclause (I), the term ‘employment-based 

12 nonimmigrant’ means an individual who is admitted to a 

13 foreign country to perform employment similar to the em14 ployment described in section 101(a)(15)(H)(i)(b).’’. 

15 SEC. 4103. ELIMINATING IMPEDIMENTS TO WORKER MO16 BILITY. 

17 (a) DEFERENCE TO PRIOR APPROVALS.—Section 

18 214(c) (8 U.S.C. 1184(c)), as amended by section 4102, 

19 is further amended by adding at the end the following: 

20 ‘‘(15) Subject to paragraph (2)(D) and subsection (g) 

21 and section 104(c) and subsections (a) and (b) of section 

22 106 of the American Competitiveness in the Twenty-first 

23 Century Act of 2000 (Public Law 106–313; 8 U.S.C. 1184 

24 note), the Secretary of Homeland Security shall give def25 erence to a prior approval of a petition in reviewing a petiVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00664 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 tion to extend the status of a nonimmigrant admitted 

2 under subparagraph (H)(i)(b) or (L) of section 101(a)(15) 

3 if the petition involves the same alien and petitioner unless 

4 the Secretary determines that— 

5 ‘‘(A) there was a material error with regard to 

6 the previous petition approval; 

7 ‘‘(B) a substantial change in circumstances has 

8 taken place; 

9 ‘‘(C) new material information has been discov10 ered that adversely impacts the eligibility of the em11 ployer or the nonimmigrant; or 

12 ‘‘(D) in the Secretary’s discretion, such exten13 sion should not be approved.’’. 

14 (b) EFFECT OF EMPLOYMENT TERMINATION.—Sec15 tion 214(n) (8 U.S.C. 1184(n)) is amended by adding at 

16 the end the following: 

17 ‘‘(3) A nonimmigrant admitted under section 

18 101(a)(15)(H)(i)(b) whose employment relationship termi19 nates before the expiration of the nonimmigrant’s period 

20 of authorized admission shall be deemed to have retained 

21 such legal status throughout the entire 60-day period be22 ginning on the date such employment is terminated. A 

23 nonimmigrant who files a petition to extend, change, or 

24 adjust their status at any point during such period shall 


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1 be deemed to have lawful status under section 

2 101(a)(15)(H)(i)(b) while that petition is pending.’’. 

3 (c) VISA REVALIDATION.—Section 222(c) (8 U.S.C. 

4 1202(c)) is amended— 

5 (1) by inserting ‘‘(1)’’ before ‘‘Every alien’’; 

6 and 

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

8 ‘‘(2) The Secretary of State may, at the Secretary’s 

9 discretion, renew in the United States the visa of an alien 

10 admitted under subparagraph (A), (E), (G), (H), (I), (L), 

11 (N), (O), (P), (R), or (W) section 101(a)(15) if the alien 

12 has remained eligible for such status and qualifies for a 

13 waiver of interview as provided for in subsection 

14 (h)(1)(D).’’. 

15 (d) INTERVIEW WAIVERS FOR LOW RISK VISA AP16 PLICANTS.—Section 222(h)(1) (8 U.S.C. 1202(h)(1)) is 

17 amended— 

18 (1) in subparagraph (B)(iv), by striking ‘‘or’’ at 

19 the end; 

20 (2) in subparagraph (C)(ii), by striking ‘‘and’’ 

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

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

23 ‘‘(D) by the Secretary of State, in con24 sultation with the Secretary of Homeland Secu25 rity, for such aliens or classes of aliens— 


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1 ‘‘(i) that the Secretary determines 

2 generally represent a low security risk; 

3 ‘‘(ii) for which an in-person interview 

4 would not add material benefit to the adju5 dication process; 

6 ‘‘(iii) unless the Secretary of State, 

7 after a review of all standard database and 

8 biometric checks, the visa application, and 

9 other supporting documents, determines 

10 that an interview is unlikely to reveal de11 rogatory information; and 

12 ‘‘(iv) except that in every case, the 

13 Secretary of State retains the right to re14 quire an applicant to appear for an inter15 view; and’’. 

16 SEC. 4104. STEM EDUCATION AND TRAINING. 

17 (a) FEE.—Section 212(a)(5)(A) (8 U.S.C. 

18 1182(a)(5)(A)) is amended by adding at the end the fol19 lowing: 

20 ‘‘(v) FEE.—An employer shall submit, 

21 along with an application for a certification 

22 under this subparagraph, a fee of $500 

23 which shall be deposited in the STEM 

24 Education and Training Account estab25 lished by section 286(s).’’. 


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1 (b) USE OF FEE.—Section 286(s) (8 U.S.C. 1356(s)) 

2 is amended to read as follows: 

3 ‘‘(s) STEM EDUCATION AND TRAINING ACCOUNT.— 

4 ‘‘(1) IN GENERAL.—There is established in the 

5 general fund of the Treasury a separate account, 

6 which shall be known as the ‘STEM Education and 

7 Training Account’. Notwithstanding any other sec8 tion of this title, there shall be deposited as offset9 ting receipts into the account all fees collected under 

10 section 212(a)(5)(A)(v). 

11 ‘‘(2) LOW-INCOME STEM SCHOLARSHIP PRO12 GRAM.—Sixty percent of the amounts deposited into 

13 the STEM Education and Training Account shall 

14 remain available to the Director of the National 

15 Science Foundation until expended for scholarships 

16 described in section 414(d) of the American Com17 petitiveness and Workforce Improvement Act of 

18 1998 (42 U.S.C. 1869c) for low-income students en19 rolled in a program of study leading to a degree in 

20 science, technology, engineering, or mathematics. 

21 ‘‘(3) NATIONAL SCIENCE FOUNDATION COM22 PETITIVE GRANT PROGRAM FOR K–12 SCIENCE, 

23 TECHNOLOGY, ENGINEERING AND MATHEMATICS

24 EDUCATION.— 


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1 ‘‘(A) IN GENERAL.—Fifteen percent of the 

2 amounts deposited into the STEM Education 

3 and Training Account shall remain available to 

4 the Director of the National Science Founda5 tion until expended to carry out a direct or 

6 matching grant program to support improve7 ment in K–12 education, including through pri8 vate-public partnerships. 

9 ‘‘(B) TYPES OF PROGRAMS COVERED.— 

10 The Director shall award grants to such pro11 grams, including those which support the devel12 opment and implementation of standards-based 

13 instructional materials models and related stu14 dent assessments that enable K–12 students to 

15 acquire an understanding of science, technology, 

16 engineering, and mathematics, as well as to de17 velop critical thinking skills; provide systemic 

18 improvement in training K–12 teachers and 

19 education for students in science, technology, 

20 engineering, and mathematics, including by 

21 supporting efforts to promote gender-equality 

22 among students receiving such instruction; sup23 port the professional development of K–12 

24 science, technology, engineering and mathe25 matics teachers in the use of technology in the 


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1 classroom; stimulate system-wide K–12 reform 

2 of science, technology, engineering, and mathe3 matics in rural, economically disadvantaged re4 gions of the United States; provide externships 

5 and other opportunities for students to increase 

6 their appreciation and understanding of science, 

7 technology, engineering, and mathematics (in8 cluding summer institutes sponsored by an in9 stitution of higher education for students in 

10 grades 7–12 that provide instruction in such 

11 fields); involve partnerships of industry, edu12 cational institutions, and community organiza13 tions to address the educational needs of dis14 advantaged communities; provide college pre15 paratory support to expose and prepare stu16 dents for careers in science, technology, engi17 neering, and mathematics; and provide for car18 rying out systemic reform activities under sec19 tion 3(a)(1) of the National Science Foundation 

20 Act of 1950 (42 U.S.C. 1862(a)(1)). 

21 ‘‘(4) STEM CAPACITY BUILDING AT MINORITY22 SERVING INSTITUTIONS.— 

23 ‘‘(A) IN GENERAL.—Twelve percent of the 

24 amounts deposited into the STEM Education 

25 and Training Account shall remain available to 


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1 the Director of the National Science Founda2 tion until expended to establish or expand pro3 grams to award grants on a competitive, merit4 reviewed basis to enhance the quality of under5 graduate science, technology, engineering, and 

6 mathematics education at minority-serving in7 stitutions of higher education and to increase 

8 the retention and graduation rates of students 

9 pursuing degrees in such fields at such institu10 tions. 

11 ‘‘(B) TYPES OF PROGRAMS COVERED.— 

12 Grants awarded under this paragraph shall be 

13 awarded to— 

14 ‘‘(i) minority-serving institutions of 

15 higher education for— 

16 ‘‘(I) activities to improve courses 

17 and curriculum in science, technology, 

18 engineering, and mathematics; 

19 ‘‘(II) efforts to promote gender 

20 equality among students enrolled in 

21 such courses; 

22 ‘‘(III) faculty development; 

23 ‘‘(IV) stipends for undergraduate 

24 students participating in research; 

25 and 


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1 ‘‘(V) other activities consistent 

2 with subparagraph (A), as determined 

3 by the Director; and 

4 ‘‘(ii) to other institutions of higher 

5 education to partner with the institutions 

6 described in clause (i) for— 

7 ‘‘(I) faculty and student develop8 ment and exchange; 

9 ‘‘(II) research infrastructure de10 velopment; 

11 ‘‘(III) joint research projects; 

12 and 

13 ‘‘(IV) identification and develop14 ment of minority and low-income can15 didates for graduate studies in 

16 science, technology, engineering and 

17 mathematics degree programs. 

18 ‘‘(C) INSTITUTIONS INCLUDED.—In this 

19 paragraph, the term ‘minority-serving institu20 tions of higher education’ shall include— 

21 ‘‘(i) colleges eligible to receive funds 

22 under the Act of August 30, 1890 (7 

23 U.S.C. 321–326a and 328), including 

24 Tuskegee University; 


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1 ‘‘(ii) 1994 Institutions, as defined in 

2 section 532 of the Equity in Educational 

3 Land-Grant Status Act of 1994 (7 U.S.C. 

4 301 note); and 

5 ‘‘(iii) Hispanic-serving institutions, as 

6 defined in section 502(a)(5) of the Higher 

7 Education Act of 1965 (20 U.S.C. 

8 1101a(a)(5)). 

9 ‘‘(5) STEM JOB TRAINING.—Ten percent of 

10 amounts deposited into the STEM Education and 

11 Training Account shall remain available to the Sec12 retary of Labor until expended for— 

13 ‘‘(A) demonstration programs and projects 

14 described in section 414(c) of the American 

15 Competitiveness and Workforce Improvement 

16 Act of 1998; and 

17 ‘‘(B) training programs in the fields of 

18 science, technology, engineering, and mathe19 matics for persons who have served honorably 

20 in the Armed Forces of the United States and 

21 have retired or are retiring from such service. 

22 ‘‘(6) USE OF FEES FOR DUTIES RELATING TO

23 PETITIONS.—One and one-half percent of the 

24 amounts deposited into the STEM Education and 

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1 retary of Homeland Security until expended to carry 

2 out duties under paragraphs (1) (E) or (F) of sec3 tion 204(a) (related to petitions for immigrants de4 scribed in section 203(b)) and under paragraphs (1) 

5 and (9) of section 214(c) (related to petitions made 

6 for nonimmigrants described in section 

7 101(a)(15)(H)(i)(b)). 

8 ‘‘(7) USE OF FEES FOR APPLICATION PROC9 ESSING AND ENFORCEMENT.—One and one-half per10 cent of the amounts deposited into the STEM Edu11 cation and Training Account shall remain available 

12 to the Secretary of Labor until expended for de13 creasing the processing time for applications under 

14 section 212(a)(5)(A) and section 212(n)(1).’’. 

15 Subtitle B—H–1B Visa Fraud and 

16 Abuse Protections 

17 CHAPTER 1—H–1B EMPLOYER 

18 APPLICATION REQUIREMENTS 

19 SEC. 4211. MODIFICATION OF APPLICATION REQUIRE20 MENTS. 

21 (a) GENERAL APPLICATION REQUIREMENTS.— 

22 (1) WAGE RATES.— 

23 (A) IN GENERAL.—Section 212(n)(1)(A) 

24 (8 U.S.C. 1182(n)(1)(A)) is amended— 

25 (i) clause (i)— 


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1 (I) in the matter preceding sub2 clause (I), by inserting ‘‘if the em3 ployer is not an H–1B-dependent em4 ployer,’’ before ‘‘is offering’’; 

5 (II) in subclause (I), by striking 

6 ‘‘question, or’’ and inserting ‘‘ques7 tion; or’’; 

8 (III) in subclause (II), by strik9 ing ‘‘employment,’’ and inserting ‘‘em10 ployment;’’ and 

11 (IV) in the undesignated material 

12 following subclause (II), by striking 

13 ‘‘application, and’’ and inserting ‘‘ap14 plication;’’; and 

15 (ii) by striking clause (ii) and insert16 ing the following: 

17 ‘‘(ii) if the employer is an H–1B-dependent 

18 employer, is offering and will offer to H–1B 

19 nonimmigrants, during the period of authorized 

20 employment for each H–1B nonimmigrant, 

21 wages that are not less than the level 2 wages 

22 set out in subsection (p); and 

23 ‘‘(iii) will provide working conditions for 

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1 fect the working conditions of other workers 

2 similarly employed.’’. 

3 (2) STRENGTHENING THE PREVAILING WAGE

4 SYSTEM.— 

5 (A) IN GENERAL.—Section 212(p) (8 

6 U.S.C. 1182(p)) is amended to read as follows: 

7 ‘‘(p) COMPUTATION OF PREVAILING WAGE LEVEL.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) SURVEYS.—For employers of non10 immigrants admitted pursuant to section 

11 101(a)(15)(H)(i)(b), the Secretary of Labor 

12 shall make available to employers a govern13 mental survey to determine the prevailing wage 

14 for each occupational classification by metro15 politan statistical area in the United States. 

16 Such survey, or other survey approved by the 

17 Secretary of Labor, shall provide 3 levels of 

18 wages commensurate with experience, edu19 cation, and level of supervision. Such wage lev20 els shall be determined as follows: 

21 ‘‘(i) The first level shall be the mean 

22 of the lowest two-thirds of wages surveyed, 

23 but in no case less than 80 percent of the 

24 mean of the wages surveyed. 


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1 ‘‘(ii) The second level shall be the 

2 mean of wages surveyed. 

3 ‘‘(iii) The third level shall be the 

4 mean of the highest two-thirds of wages 

5 surveyed. 

6 ‘‘(B) EDUCATIONAL, NONPROFIT, RE7 SEARCH, AND GOVERNMENTAL ENTITIES.—In 

8 computing the prevailing wage level for an occu9 pational classification in an area of employment 

10 for purposes of section 203(b)(1)(D) and sub11 sections (a)(5)(A), (n)(1)(A)(i)(II), and 

12 (t)(1)(A)(i)(II) of this section in the case of an 

13 employee of— 

14 ‘‘(i) an institution of higher education, 

15 or a related or affiliated nonprofit entity; 

16 or 

17 ‘‘(ii) a nonprofit research organization 

18 or a governmental research organization; 

19 the prevailing wage level shall only take into ac20 count employees at such institutions and orga21 nizations in the area of employment. 

22 ‘‘(2) PAYMENT OF PREVAILING WAGE.—The 

23 prevailing wage level required to be paid pursuant to 

24 section 203(b)(1)(D) and subsections (a)(5)(A), 

25 (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section 


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1 shall be 100 percent of the wage level determined 

2 pursuant to those sections. 

3 ‘‘(3) PROFESSIONAL ATHLETE.—With respect 

4 to a professional athlete (as defined in subsection 

5 (a)(5)(A)(iii)(II)) when the job opportunity is cov6 ered by professional sports league rules or regula7 tions, the wage set forth in those rules or regula8 tions shall be considered as not adversely affecting 

9 the wages of United States workers similarly em10 ployed and be considered the prevailing wage. 

11 ‘‘(4) WAGES FOR H–2B EMPLOYEES.— 

12 ‘‘(A) IN GENERAL.—The wages paid to H– 

13 2B nonimmigrants employed by the employer 

14 will be the greater of— 

15 ‘‘(i) the actual wage level paid by the 

16 employer to other employees with similar 

17 experience and qualifications for such posi18 tion; or 

19 ‘‘(ii) the prevailing wage level for the 

20 occupational classification of the position 

21 in the geographic area of the employment, 

22 based on the best information available as 

23 of the time of filing the application. 

24 ‘‘(B) BEST INFORMATION AVAILABLE.—In 

25 subparagraph (A), the term ‘best information 


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1 available’, with respect to determining the pre2 vailing wage for a position, means— 

3 ‘‘(i) a controlling collective bargaining 

4 agreement or Federal contract wage, if ap5 plicable; 

6 ‘‘(ii) if there is no applicable wage 

7 under clause (i), the wage level commensu8 rate with the experience, training, and su9 pervision required for the job based on Bu10 reau of Labor Statistics data; or 

11 ‘‘(iii) if the data referred to in clause 

12 (ii) is not available, a legitimate and recent 

13 private survey of the wages paid for such 

14 positions in the metropolitan statistical 

15 area.’’. 

16 (3) WAGES FOR EDUCATIONAL, NONPROFIT, 

17 RESEARCH, AND GOVERNMENTAL ENTITIES.—Sec18 tion 212 is amended by adding at the end the fol19 lowing: 

20 ‘‘(v) DETERMINATION OF PREVAILING WAGE.—In 

21 the case of a nonprofit institution of higher education (as 

22 defined in section 101(a) of the Higher Education Act of 

23 1965 (20 U.S.C. 1001(a)), a related or affiliated nonprofit 

24 entity, a nonprofit research organization, or a GovernVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00679 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 mental research organization, the Secretary of Labor shall 

2 determine such wage levels as follows: 

3 ‘‘(1) If the Secretary of Labor uses, or makes 

4 available to employers, a governmental survey to de5 termine the prevailing wage, such survey shall pro6 vide at least 4 levels of wages commensurate with 

7 experience, education, and the level of supervision. 

8 ‘‘(2) If an existing government survey has only 

9 2 levels, 2 intermediate levels may be created by di10 viding by 3, the difference between the 2 levels of11 fered, adding the quotient thus obtained to the first 

12 level and subtracting that quotient from the second 

13 level . 

14 ‘‘(3) For institutions of higher education, only 

15 teaching positions and research positions may be 

16 paid using this special educational wage level.’’. 

17 (b) INTERNET POSTING REQUIREMENT.—Section 

18 212(n)(1)(C) (8 U.S.C. 1182(n)(1)(C)) is amended— 

19 (1) by redesignating clause (ii) as subclause 

20 (II); 

21 (2) by striking ‘‘(i) has provided’’ and inserting 

22 the following: 

23 ‘‘(ii)(I) has provided’’; and 

24 (3) by striking ‘‘sought, or’’ and inserting 

25 ‘‘sought; or’’; 


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1 (4) by inserting before clause (ii), as redesig2 nated by paragraph (2), the following: 

3 ‘‘(i) has advertised on the Internet website 

4 maintained by the Secretary of Labor for the 

5 purpose of such advertising, for at least 30 cal6 endar days, a detailed description of each posi7 tion for which a nonimmigrant is sought that 

8 includes a description of— 

9 ‘‘(I) the wage ranges and other terms 

10 and conditions of employment; 

11 ‘‘(II) the minimum education, train12 ing, experience, and other requirements for 

13 the position; and 

14 ‘‘(III) the process for applying for the 

15 position; and’’. 

16 (c) APPLICATION OF REQUIREMENTS TO ALL EM17 PLOYERS.— 

18 (1) NONDISPLACEMENT.—Section 212(n)(1)(E) 

19 (8 U.S.C. 1182(n)(1)(E)) is amended to read as fol20 lows: 

21 ‘‘(E)(i)(I) Subject to subclause (II), in the case 

22 of an application filed by an employer that is not an 

23 H–1B-dependent employer, the employer did not dis24 place and will not displace a United States worker 

25 (as defined in paragraph (4)) employed by the emVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00681 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 ployer within the period beginning 90 days before 

2 and ending 90 days after the date of filing of any 

3 visa petition supported by the application. 

4 ‘‘(II) An employer who is not an H–1B-depend5 ent employer shall not be subject to clause (i) if the 

6 number of United States workers employed by such 

7 employer in the same job zone as the H–1B non8 immigrant has not decreased during the 1-year pe9 riod ending on the date of the labor condition appli10 cation filed by the employer. 

11 ‘‘(ii)(I) In the case of an application filed by an 

12 H–1B-dependent employer, the employer did not dis13 place and will not displace a United States worker 

14 (as defined in paragraph (4)) employed by the em15 ployer within the period beginning 180 days before 

16 and ending 180 days after the date of the filing of 

17 any visa petition supported by the application. 

18 ‘‘(II) An application described in this clause is 

19 an application filed on or after the date final regula20 tions are first promulgated to carry out this sub21 paragraph, and before by an H–1B-dependent em22 ployer (as defined in paragraph (3)) or by an em23 ployer that has been found, on or after the date of 

24 the enactment of the American Competitiveness and 

25 Workforce Improvement Act of 1998, under paraVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00682 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 graph (2)(C) or (5) to have committed a willful fail2 ure or misrepresentation during the 5-year period 

3 preceding the filing of the application. 

4 ‘‘(iii) In this subparagraph, the term‘ job zone’ 

5 means a zone assigned to an occupation by— 

6 ‘‘(I) the Occupational Information Network 

7 Database (O*NET) on the date of the enact8 ment of this Act; or 

9 ‘‘(II) such Database or a similar successor 

10 database, as designated by the Secretary of 

11 Labor, after the date of the enactment of this 

12 Act.’’. 

13 (2) RECRUITMENT.—Section 212(n)(1)(G) (8 

14 U.S.C. 1182(n)(1)(G)) is amended to read as fol15 lows: 

16 ‘‘(G) An employer, prior to filing the applica17 tion— 

18 ‘‘(i) has advertised the job on an Internet 

19 website maintained by the Secretary of Labor 

20 for the purpose of such advertising; 

21 ‘‘(ii) has offered the job to any United 

22 States worker who applies and is equally or bet23 ter qualified for the job for which the non24 immigrant or nonimmigrants is or are sought; 

25 and 


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1 ‘‘(iii) if the employer is an H–1B-depend2 ent employer, has taken good faith steps to re3 cruit, in the United States using procedures 

4 that meet industry-wide standards and offering 

5 compensation that is at least as great as that 

6 required to be offered to H–1B nonimmigrants 

7 under subparagraph (A), United States workers 

8 for the job for which the nonimmigrant or non9 immigrants is or are sought.’’. 

10 (d) OUTPLACEMENT.—Section 212(n)(1)(F) (8 

11 U.S.C. 1182(n)(1)(F)) is amended to read as follows: 

12 ‘‘(F)(i) An H-1B-dependent employer may 

13 not place, outsource, lease, or otherwise con14 tract for the services or placement of an H–1B 

15 nonimmigrant employee. 

16 ‘‘(ii) An employer that is not an H-1B-de17 pendent employer and not described in para18 graph (3)(A)(i) may not place, outsource, lease, 

19 or otherwise contract for the services or place20 ment of an H–1B nonimmigrant employee un21 less the employer pays a fee of $500. 

22 ‘‘(iii) A fee collected under clause (ii) shall 

23 be deposited in the Comprehensive Immigration 

24 Reform Trust Fund established under section 6 


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1 of the Border Security, Economic Opportunity, 

2 and Immigration Modernization Act.’’. 

3 (e) H–1B-DEPENDENT EMPLOYER DEFINED.—Sec4 tion 212(n)(3) (8 U.S.C. 1182(n)(3)) is amended to read 

5 as follows: 

6 ‘‘(3)(A) For purposes of complying with the require7 ments related to outplacement of an employee, the term 

8 ‘H–1B-dependent employer’ means an employer that— 

9 ‘‘(i) is not a nonprofit institution of higher edu10 cation, a nonprofit research organization, or an em11 ployer whose primary line of business is healthcare 

12 and who is petitioning for a physician, a nurse, or 

13 physical therapist or a substantially equivalent 

14 healthcare occupation; and 

15 ‘‘(ii)(I) in the case of an employer that has 25 

16 or fewer full-time equivalent employees who are em17 ployed in the United States, employs more than 7 

18 H-1B nonimmigrants; 

19 ‘‘(II) in the case of an employer that has at 

20 least 26 but not more than 50 full-time equivalent 

21 employees who are employed in the United States, 

22 employs more than 12 H-1B nonimmigrant; or 

23 ‘‘(III) in the case of an employer that has at 

24 least 51 full-time equivalent employees who are em25 ployed in the United States, employs H-1B nonVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 immigrants in a number that is equal to at least 15 

2 percent of the number of such full-time equivalent 

3 employees. 

4 ‘‘(B) In determining the number of employees who 

5 are H–1B nonimmigrants under subparagraph (A)(ii), an 

6 intending immigrant employee shall not count toward such 

7 number’’. 

8 (f) INTENDING IMMIGRANTS DEFINED.—Section 

9 101(a) (8 U.S.C. 1101(a)) is amended by adding at the 

10 end the following: 

11 ‘‘(53)(A) The term ‘intending immigrant’ 

12 means, with respect to the number of aliens em13 ployed by an employer, an alien who intends to work 

14 and reside permanently in the United States, as evi15 denced by— 

16 ‘‘(i) for a covered employer, an approved 

17 application for a labor certification or an appli18 cation that has been pending for longer than 1 

19 year; or 

20 ‘‘(ii) a pending or approved immigrant sta21 tus petition filed for such alien. 

22 ‘‘(B) In this paragraph: 

23 ‘‘(i) The term ‘covered employer’ means an 

24 employer of an alien that, during the 1-year pe25 riod ending on the date the employer files an 


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1 application for the labor certification for such 

2 alien, has filed an immigrant status petition for 

3 not less than 90 percent of the aliens for whom 

4 the employer filed an application for a labor 

5 certification during such period. Labor certifi6 cation applications that have been pending for 

7 longer than 1 year may be treated for this cal8 culation as if the employer filed an immigrant 

9 status petition 

10 ‘‘(ii) The term ‘labor certification’ means 

11 an employment certification under section 

12 212(a)(5)(A). 

13 ‘‘(iii) The term ‘immigrant status petition’ 

14 means a petition filed under paragraph (1), (2), 

15 or (3) of section 203(b). 

16 ‘‘(C) Notwithstanding any other provision of 

17 law, for all— 

18 ‘‘(i) calculations under this Act of the 

19 number of aliens admitted pursuant to subpara20 graph (H)(i)(b) or (L) of paragraph (15) an in21 tending immigrant shall be counted as an alien 

22 lawfully admitted for permanent residence and 

23 shall not be counted as an employee admitted 

24 pursuant to such a subparagraph; and 


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1 ‘‘(ii) determinations of the number of em2 ployees or United States workers employed by 

3 an employer, all of the employees in any group 

4 treated as a single employer under subsection 

5 (b), (c), (m), or (o) of section 414 of the Inter6 nal Revenue Code of 1986 shall be counted.’’. 

7 SEC. 4212. REQUIREMENTS FOR ADMISSION OF NON8 IMMIGRANT NURSES IN HEALTH PROFES9 SIONAL SHORTAGE AREAS. 

10 (a) EXTENSION OF PERIOD OF AUTHORIZED ADMIS11 SION.—Section 212(m)(3) (8 U.S.C. 1182(m)(3)) is 

12 amended to read as follows: 

13 ‘‘(3) The initial period of authorized admission as a 

14 nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 

15 3 years, and may be extended once for an additional 3- 

16 year period.’’. 

17 (b) NUMBER OF VISAS.—Section 212(m)(4) (8 

18 U.S.C. 1182(m)(4)) is amended by striking ‘‘500.’’ and 

19 inserting ‘‘300.’’. 

20 (c) PORTABILITY.—Section 214(n) (8 U.S.C. 

21 1184(n)), as amended by section 4103(b), is further 

22 amended by adding at the end the following: 

23 ‘‘(4)(A) A nonimmigrant alien described in subpara24 graph (B) who was previously issued a visa or otherwise 

25 provided nonimmigrant status under section 


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1 101(a)(15)(H)(i)(c) is authorized to accept new employ2 ment performing services as a registered nurse for a facil3 ity described in section 212(m)(6) upon the filing by the 

4 prospective employer of a new petition on behalf of such 

5 nonimmigrant as provided under subsection (c). Employ6 ment authorization shall continue for such alien until the 

7 new petition is adjudicated. If the new petition is denied, 

8 such authorization shall cease. 

9 ‘‘(B) A nonimmigrant alien described in this para10 graph is a nonimmigrant alien— 

11 ‘‘(i) who has been lawfully admitted into the 

12 United States; 

13 ‘‘(ii) on whose behalf an employer has filed a 

14 nonfrivolous petition for new employment before the 

15 date of expiration of the period of stay authorized by 

16 the Secretary of Homeland Security, except that, if 

17 a nonimmigrant described in section 

18 101(a)(15)(H)(i)(c) is terminated or laid off by the 

19 nonimmigrant’s employer, or otherwise ceases em20 ployment with the employer, such petition for new 

21 employment shall be filed during the 45-day period 

22 beginning on the date of such termination, lay off, 

23 or cessation; and 


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1 ‘‘(iii) who, subsequent to such lawful admission, 

2 has not been employed without authorization in the 

3 United States before the filing of such petition.’’. 

4 (d) APPLICABILITY.— 

5 (1) IN GENERAL.—Beginning on the commence6 ment date described in paragraph (2), the amend7 ments made by section 2 of the Nursing Relief for 

8 Disadvantaged Areas Act of 1999 (Public Law 106– 

9 95; 113 Stat. 1313), and the amendments made by 

10 this section, shall apply to classification petitions 

11 filed for nonimmigrant status. This period shall be 

12 in addition to the period described in section 2(e) of 

13 the Nursing Relief for Disadvantaged Areas Act of 

14 1999 (8 U.S.C. 1182 note). 

15 (2) COMMENCEMENT DATE.—Not later than 60 

16 days after the date of the enactment of this Act, the 

17 Secretary shall determine whether regulations are 

18 necessary to implement the amendments made by 

19 this section. If the Secretary determines that no 

20 such regulations are necessary, the commencement 

21 date described in this paragraph shall be the date of 

22 such determination. If the Secretary determines that 

23 regulations are necessary to implement any amend24 ment made by this section, the commencement date 


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1 described in this paragraph shall be the date on 

2 which such regulations (in final form) take effect. 

3 SEC. 4213. NEW APPLICATION REQUIREMENTS. 

4 Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended 

5 by inserting after clause (iii) of subparagraph (G) , as 

6 amended by section 4211(c)(2),the following: 

7 ‘‘(H)(i) The employer has not advertised any 

8 available position specified in the application in an 

9 advertisement that states or indicates that— 

10 ‘‘(I) such position is only available to an 

11 individual who is or will be an H–1B non12 immigrant or an alien participating in optional 

13 practical training pursuant to section 

14 101(a)(15)(F)(i); or 

15 ‘‘(II) an individual who is or will be an H– 

16 1B nonimmigrant or participant in such op17 tional practical training shall receive priority or 

18 a preference in the hiring process for such posi19 tion. 

20 ‘‘(ii) The employer has not solely recruited indi21 viduals who are or who will be H–1B nonimmigrants 

22 or participants in optional practical training pursu23 ant to section 101(a)(15)(F)(i) to fill such position. 

24 ‘‘(I)(i) If the employer (other than an edu25 cational or research employer) employs 50 or more 


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1 employees in the United States, the sum of the num2 ber of such employees who are H–1B nonimmigrants 

3 plus the number of such employees who are non4 immigrants described in section 101(a)(15)(L) may 

5 not exceed— 

6 ‘‘(I) 75 percent of the total number of em7 ployees, for fiscal year 2015; 

8 ‘‘(II) 65 percent of the total number of 

9 employees, for fiscal year 2016; and 

10 ‘‘(III) 50 percent of the total number of 

11 employees, for each fiscal year after fiscal year 

12 2016. 

13 ‘‘(ii) In this subparagraph: 

14 ‘‘(I) The term ‘educational or research em15 ployer’ means an employer that is a nonprofit 

16 institution of higher education or a nonprofit 

17 research organization described in section 

18 501(c)(3) of the Internal Revenue Code of 1986 

19 and exempt from taxation under 501(a) of that 

20 Code. 

21 ‘‘(II) The term ‘H–1B nonimmigrant’ 

22 means an alien admitted as a nonimmigrant 

23 pursuant to section 101(a)(15)(H)(i)(b). 

24 ‘‘(III) The term ‘L nonimmigrant’ means 

25 an alien admitted as a nonimmigrant pursuant 


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1 to section 101(a)(15)(L) to provide services to 

2 his or her employer involving specialized knowl3 edge. 

4 ‘‘(iii) In determining the percentage of employ5 ees of an employer that are H–1B nonimmigrants or 

6 L nonimmigrants under clause (i), an intending im7 migrant employee shall not count toward such per8 centage. 

9 ‘‘(J) The employer shall submit to the Sec10 retary of Homeland Security an annual report that 

11 includes the Internal Revenue Service Form W–2 

12 Wage and Tax Statement filed by the employer for 

13 each H–1B nonimmigrant employed by the employer 

14 during the previous year.’’. 

15 SEC. 4214. APPLICATION REVIEW REQUIREMENTS. 

16 (a) TECHNICAL AMENDMENT.—Section 212(n)(1) (8 

17 U.S.C. 1182(n)(1)), as amended by section 4213, is fur18 ther amended in the undesignated paragraph at the end, 

19 by striking ‘‘The employer’’ and inserting the following: 

20 ‘‘(K) The employer’’. 

21 (b) APPLICATION REVIEW REQUIREMENTS.—Sub22 paragraph (K) of such section 212(n)(1), as designated 

23 by subsection (a), is amended— 

24 (1) by inserting ‘‘and through the Department 

25 of Labor’s website, without charge.’’ after ‘‘D.C.’’; 


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1 (2) by striking ‘‘only for completeness’’ and in2 serting ‘‘for completeness and evidence of fraud or 

3 misrepresentation of material fact,’’; 

4 (3) by striking ‘‘or obviously inaccurate’’ and 

5 inserting ‘‘, presents evidence of fraud or misrepre6 sentation of material fact, or is obviously inac7 curate’’; 

8 (4) by striking ‘‘within 7 days of the’’ and in9 serting ‘‘not later than 14 after’’; and 

10 (5) by adding at the end the following: ‘‘If the 

11 Secretary’s review of an application identifies evi12 dence of fraud or misrepresentation of material fact, 

13 the Secretary may conduct an investigation and 

14 hearing in accordance with paragraph (2).’’. 

15 (c) FILING OF PETITION FOR NONIMMIGRANT

16 WORKER.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as 

17 amended by section 4213, is further amended by adding 

18 at the end the following: 

19 ‘‘(L) An I–129 Petition for Nonimmigrant 

20 Worker (or similar successor form)— 

21 ‘‘(i) may be filed by an employer with the 

22 Secretary of Homeland Security prior to the 

23 date the employer receives an approved certifi24 cation described in section 101(a)(15)(H)(i)(b) 

25 from the Secretary of Labor; and 


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1 ‘‘(ii) may not be approved by the Secretary 

2 of Homeland Security until the date such cer3 tification is approved.’’. 

4 CHAPTER 2— INVESTIGATION AND DIS5 POSITION OF COMPLAINTS AGAINST 

6 H–1B EMPLOYERS 

7 SEC. 4221. GENERAL MODIFICATION OF PROCEDURES FOR 

8 INVESTIGATION AND DISPOSITION. 

9 Subparagraph (A) of section 212(n)(2) (8 U.S.C. 

10 1182(n)(2)) is amended— 

11 (1) by striking ‘‘(A) Subject’’ and inserting 

12 ‘‘(A)(i) Subject’’; 

13 (2) by striking ‘‘12 months’’ and inserting ‘‘24 

14 months’’; 

15 (3) by striking the last sentence; and 

16 (4) by adding at the end the following: 

17 ‘‘(ii)(I) Upon the receipt of such a com18 plaint, the Secretary may initiate an investiga19 tion to determine if such a failure or misrepre20 sentation has occurred. 

21 ‘‘(II) The Secretary may conduct voluntary 

22 surveys of the degree to which employers com23 ply with the requirements of this subsection. 

24 ‘‘(III) The Secretary shall— 


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1 ‘‘(aa) conduct annual compliance au2 dits of each employer with more than 100 

3 employees who work in the United States 

4 if more than 15 percent of such employees 

5 are H–1B nonimmigrants; and 

6 ‘‘(bb) make available to the public an 

7 executive summary or report describing the 

8 general findings of the audits carried out 

9 pursuant to this subclause.’’. 

10 SEC. 4222. INVESTIGATION, WORKING CONDITIONS, AND 

11 PENALTIES. 

12 Subparagraph (C) of section 212(n)(2) (8 U.S.C. 

13 1182(n)(2)) is amended— 

14 (1) in clause (i)— 

15 (A) in the matter preceding subclause 

16 (I)— 

17 (i) by striking ‘‘a condition of para18 graph (1)(B), (1)(E), or (1)(F)’’ and in19 serting ‘‘a condition under subparagraph 

20 (A), (B), (C)(i), (E), (F), (G)(i)(I), (H), 

21 (I), or (J) of paragraph (1)’’; and 

22 (ii) by striking ‘‘(1)(C)’’ and inserting 

23 ‘‘(1)(C)(ii)’’; 

24 (B) in subclause (I)— 


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1 (i) by striking ‘‘$1,000’’ and inserting 

2 ‘‘$2,000’’; and 

3 (ii) by striking ‘‘and’’ at the end; 

4 (C) in subclause (II), by striking the pe5 riod at the end and inserting a semicolon and 

6 ‘‘and’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(III) an employer that violates such subpara9 graph (A) shall be liable to any employee harmed by 

10 such violations for lost wages and benefits.’’; and 

11 (2) in clause (ii)— 

12 (A) in subclause (I)— 

13 (i) by striking ‘‘may’’ and inserting 

14 ‘‘shall’’; and 

15 (ii) by striking ‘‘$5,000’’ and insert16 ing ‘‘$10,000’’; 

17 (B) in subclause (II), by striking the pe18 riod at the end and inserting a semicolon and 

19 ‘‘and’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(III) an employer that violates such subpara22 graph (A) shall be liable to any employee harmed by 

23 such violations for lost wages and benefits.’’; 

24 (3) in clause (iii)— 


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1 (A) in the matter preceding subclause (I), 

2 by striking ‘‘90 days’’ both places it appears 

3 and inserting ‘‘180 days’’; 

4 (B) in subclause (I)— 

5 (i) by striking ‘‘may’’ and inserting 

6 ‘‘shall’’; and 

7 (ii) by striking ‘‘and’’ at the end; 

8 (C) in subclause (II), by striking the pe9 riod at the end and inserting a semicolon and 

10 ‘‘and’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(III) an employer that violates subparagraph 

13 (A) of such paragraph shall be liable to any em14 ployee harmed by such violations for lost wages and 

15 benefits.’’; 

16 (4) in clause (iv)— 

17 (A) by inserting ‘‘to take, or threaten to 

18 take, a personnel action, or’’ before ‘‘to intimi19 date’’; 

20 (B) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and 

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

22 ‘‘(II) An employer that violates this clause shall 

23 be liable to any H–1B nonimmigrant employee 

24 harmed by such violation for lost wages and bene25 fits.’’; and 


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1 (5) in clause (vi)— 

2 (A) by amending subclause (I) to read as 

3 follows: 

4 ‘‘(I) It is a violation of this clause for an em5 ployer who has filed an application under this sub6 section— 

7 ‘‘(aa) to require an H–1B nonimmigrant to 

8 pay a penalty for ceasing employment with the 

9 employer prior to a date agreed to by the non10 immigrant and the employer (the Secretary 

11 shall determine whether a required payment is 

12 a penalty, and not liquidated damages, pursu13 ant to relevant State law); and 

14 ‘‘(bb) to fail to offer to an H–1B non15 immigrant, during the nonimmigrant’s period of 

16 authorized employment, on the same basis, and 

17 in accordance with the same criteria, as the em18 ployer offers to similarly situated United States 

19 workers, benefits and eligibility for benefits, in20 cluding— 

21 ‘‘(AA) the opportunity to participate 

22 in health, life, disability, and other insur23 ance plans; 

24 ‘‘(BB) the opportunity to participate 

25 in retirement and savings plans; and 


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1 ‘‘(CC) cash bonuses and noncash com2 pensation, such as stock options (whether 

3 or not based on performance).’’; and 

4 (B) in subclause (III), by striking 

5 ‘‘$1,000’’ and inserting ‘‘$2,000’’. 

6 SEC. 4223. INITIATION OF INVESTIGATIONS. 

7 Subparagraph (G) of section 212(n)(2) (8 U.S.C. 

8 1182(n)(2)) is amended— 

9 (1) in clause (i), by striking ‘‘if the Secretary’’ 

10 and all that follows and inserting ‘‘with regard to 

11 the employer’s compliance with the requirements of 

12 this subsection.’’; 

13 (2) in clause (ii), by striking ‘‘and whose iden14 tity’’ and all that follows through ‘‘failure or fail15 ures.’’ and inserting ‘‘the Secretary of Labor may 

16 conduct an investigation into the employer’s compli17 ance with the requirements of this subsection.’’; 

18 (3) in clause (iii), by striking the last sentence; 

19 (4) by striking clauses (iv) and (v); 

20 (5) by redesignating clauses (vi), (vii), and (viii) 

21 as clauses (iv), (v), and (vi), respectively; 

22 (6) in clause (iv), as so redesignated, by strik23 ing ‘‘meet a condition described in clause (ii), unless 

24 the Secretary of Labor receives the information not 

25 later than 12 months’’ and inserting ‘‘comply with 


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1 the requirements under this subsection, unless the 

2 Secretary of Labor receives the information not later 

3 than 24 months’’; 

4 (7) by amending clause (v), as so redesignated, 

5 to read as follows: 

6 ‘‘(v) The Secretary of Labor shall provide no7 tice to an employer of the intent to conduct an in8 vestigation. The notice shall be provided in such a 

9 manner, and shall contain sufficient detail, to permit 

10 the employer to respond to the allegations before an 

11 investigation is commenced. The Secretary is not re12 quired to comply with this clause if the Secretary de13 termines that such compliance would interfere with 

14 an effort by the Secretary to investigate or secure 

15 compliance by the employer with the requirements of 

16 this subsection. A determination by the Secretary 

17 under this clause shall not be subject to judicial re18 view.’’; 

19 (8) in clause (vi), as so redesignated, by strik20 ing ‘‘An investigation’’ and all that follows through 

21 ‘‘the determination.’’ and inserting ‘‘If the Secretary 

22 of Labor, after an investigation under clause (i) or 

23 (ii), determines that a reasonable basis exists to 

24 make a finding that the employer has failed to com25 ply with the requirements under this subsection, the 


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1 Secretary shall provide interested parties with notice 

2 of such determination and an opportunity for a 

3 hearing in accordance with section 556 of title 5, 

4 United States Code, not later than 120 days after 

5 the date of such determination.’’; and 

6 (9) by adding at the end the following: 

7 ‘‘(vii) If the Secretary of Labor, after a hear8 ing, finds a reasonable basis to believe that the em9 ployer has violated the requirements under this sub10 section, the Secretary shall impose a penalty under 

11 subparagraph (C).’’. 

12 SEC. 4224. INFORMATION SHARING. 

13 Subparagraph (H) of section 212(n)(2) (8 U.S.C. 

14 1182(n)(2)) is amended to read as follows: 

15 ‘‘(H) The Director of United States Citizenship and 

16 Immigration Services shall provide the Secretary of Labor 

17 with any information contained in the materials submitted 

18 by employers of H–1B nonimmigrants as part of the adju19 dication process that indicates that the employer is not 

20 complying with visa program requirements for H–1B non21 immigrants. The Secretary may initiate and conduct an 

22 investigation related to H–1B nonimmigrants and hearing 

23 under this paragraph after receiving information of non24 compliance under this subparagraph. This subparagraph 

25 may not be construed to prevent the Secretary of Labor 


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1 from taking action related to wage and hour and work2 place safety laws.’’. 

3 CHAPTER 3—OTHER PROTECTIONS 

4 SEC. 4231. POSTING AVAILABLE POSITIONS THROUGH THE 

5 DEPARTMENT OF LABOR. 

6 (a) DEPARTMENT OF LABOR WEBSITE.—Section 

7 212(n) (8 U.S.C. 1182(n)) is amended by adding at the 

8 end following: 

9 ‘‘(6)(A) Not later than 90 days after the date of the 

10 enactment of the Border Security, Economic Opportunity, 

11 and Immigration Modernization Act, the Secretary of 

12 Labor shall establish a searchable Internet website for 

13 posting positions as required by paragraph (1)(C). Such 

14 website shall be available to the public without charge. 

15 ‘‘(B) The Secretary may work with private companies 

16 or nonprofit organizations to develop and operate the 

17 Internet website described in subparagraph (A). 

18 ‘‘(C) The Secretary may promulgate rules, after no19 tice and a period for comment, to carry out the require20 ments of this paragraph.’’. 

21 (b) REQUIREMENT FOR PUBLICATION.—The Sec22 retary of Labor shall submit to Congress and publish in 

23 the Federal Register and other appropriate media a notice 

24 of the date that the Internet website required by paraVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00703 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 graph (6) of section 212(n) of such Act, as amended by 

2 subsection (a), will be operational. 

3 (c) APPLICATION.—The amendments made by sub4 section (a) shall apply to an application filed on or after 

5 the date that is 30 days after the date described in sub6 section (b). 

7 SEC. 4232. H–1B GOVERNMENT AUTHORITY AND REQUIRE8 MENTS. 

9 (a) IMMIGRATION DOCUMENTS.—Section 204 (8 

10 U.S.C. 1154) is amended by adding at the end the fol11 lowing: 

12 ‘‘(m) EMPLOYER TO PROVIDE IMMIGRATION PAPER13 WORK EXCHANGED WITH FEDERAL AGENCIES.— 

14 ‘‘(1) IN GENERAL.—Not later than 30 days 

15 after a Labor Condition Application is filed, an em16 ployer shall provide an employee or beneficiary of 

17 such Application who is or seeking to be an non18 immigrant described in subparagraph (H)(i)(b) of 

19 (L) of section 101(a)(15) with a copy the original of 

20 all applications and petitions filed by the employer 

21 with the Department of Labor or the Department of 

22 Homeland Security for such employee or beneficiary. 

23 ‘‘(2) WITHHOLDING OF FINANCIAL OR PROPRI24 ETARY INFORMATION.—If a document required to be 

25 provided to an employee or beneficiary under paraVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00704 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 graph (1) includes any financial or propriety infor2 mation of the employer, the employer may redact 

3 such information from the copies provided to such 

4 employee or beneficiary.’’. 

5 (b) REPORT ON JOB CLASSIFICATION AND WAGE

6 DETERMINATIONS.—Not later than 1 year after the date 

7 of the enactment of this Act, the Comptroller General of 

8 the United States shall prepare a report analyzing the ac9 curacy and effectiveness of the Secretary of Labor’s cur10 rent job classification and wage determination system. The 

11 report shall— 

12 (1) specifically address whether the systems in 

13 place accurately reflect the complexity of current job 

14 types as well as geographic wage differences; and 

15 (2) make recommendations concerning nec16 essary updates and modifications. 

17 SEC. 4233. REQUIREMENTS FOR INFORMATION FOR H–1B 

18 AND L NONIMMIGRANTS. 

19 Section 214 (8 U.S.C. 1184), as amended by section 

20 3608, is further amended by adding at the end the fol21 lowing: 

22 ‘‘(t) REQUIREMENTS FOR INFORMATION FOR H–1B 

23 AND L NONIMMIGRANTS.— 

24 ‘‘(1) IN GENERAL.—Upon issuing a visa to an 

25 applicant for nonimmigrant status pursuant to subVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00705 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 paragraph (H)(i)(b) or (L) of section 101(a)(15) 

2 who is outside the United States, the issuing office 

3 shall provide the applicant with— 

4 ‘‘(A) a brochure outlining the obligations 

5 of the applicant’s employer and the rights of 

6 the applicant with regard to employment under 

7 Federal law, including labor and wage protec8 tions; and 

9 ‘‘(B) the contact information for appro10 priate Federal agencies or departments that 

11 offer additional information or assistance in 

12 clarifying such obligations and rights. 

13 ‘‘(2) PROVISION OF MATERIAL.—Upon the ap14 proval of an application of an applicant referred to 

15 in paragraph (1), the applicant shall be provided 

16 with the material described in subparagraphs (A) 

17 and (B) of paragraph (1)— 

18 ‘‘(A) by the issuing officer of the Depart19 ment of Homeland Security, if the applicant is 

20 inside the United States; or 

21 ‘‘(B) by the appropriate official of the De22 partment of State, if the applicant is outside 

23 the United States.’’. 


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1 SEC. 4234. FILING FEE FOR H–1B-DEPENDENT EMPLOYERS. 

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law, there shall be a fee required to be submitted 

4 by an employer with an application for admission of an 

5 H–1B nonimmigrant as follows: 

6 (1) For each of the fiscal years 2015 through 

7 2024, $5,000 for applicants that employ 50 or more 

8 employees in the United States if more than 30 per9 cent and less than 50 percent of the applicant’s em10 ployees are H–1B nonimmigrants or L non11 immigrants. 

12 (2) For each of the fiscal years 2015 through 

13 2017, $10,000 for applicants that employ 50 or 

14 more employees in the United States if more than 

15 50 percent and less than 75 percent of the appli16 cant’s employees are H–1B nonimmigrants or L 

17 nonimmigrants. 

18 (b) DEFINITIONS.—In this section: 

19 (1) EMPLOYER.—The term ‘‘employer’’— 

20 (A) means any entity or entities treated as 

21 a single employer under subsection (b), (c), 

22 (m), or (o) of section 414 of the Internal Rev23 enue Code of 1986; and 

24 (B) does not include a nonprofit institution 

25 of higher education or a nonprofit research or26 ganization described in section 501(c)(3) of the 


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1 Internal Revenue Code of 1986 and exempt 

2 from taxation under 501(a) of that Code that 

3 is— 

4 (i) an institution of higher education 

5 (as defined in section 101(a) of the Higher 

6 Education Act of 1965 (20 U.S.C. 

7 1001(a))); or 

8 (ii) a research organization. 

9 (2) H–1B NONIMMIGRANT.—The term ‘‘H–1B 

10 nonimmigrant’’ means an alien admitted as a non11 immigrant pursuant to section 101(a)(15)(H)(i)(b) 

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

13 1101(a)(15)(H)(i)(b)). 

14 (3) INTENDING IMMIGRANT.—The term ‘‘in15 tending immigrant’’ has the meaning given that 

16 term in paragraph (53) of section 101(a) of the Im17 migration and Nationality Act (8 U.S.C. 1101(a)). 

18 (4) L NONIMMIGRANT.—The term ‘‘L non19 immigrant’’ means an alien admitted as a non20 immigrant pursuant to section 101(a)(15)(L) of the 

21 Immigration and Nationality Act (8 U.S.C. 

22 1101(a)(15)(L)) to provide services to the alien’s 

23 employer involving specialized knowledge. 

24 (c) EXCEPTION FOR INTENDING IMMIGRANTS.—In 

25 determining the percentage of employees of an employer 


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1 that are H–1B nonimmigrants or L nonimmigrants under 

2 subsection (a), an intending immigrant employee shall not 

3 count toward such percentage. 

4 (d) CONFORMING AMENDMENT.—Section 402 of the 

5 Act entitled ‘‘An Act making emergency supplemental ap6 propriations for border security for the fiscal year ending 

7 September 30, 2010, and for other purposes’’, approved 

8 August 13, 2010 (Public Law 111–230; 8 U.S.C. 1101 

9 note) is amended by striking subsection (b). 

10 SEC. 4235. PROVIDING PREMIUM PROCESSING OF EMPLOY11 MENT-BASED VISA PETITIONS. 

12 Pursuant to section 286(u) of the Immigration and 

13 Nationality Act (8 U.S.C. 1356(u)), the Secretary shall 

14 establish and collect— 

15 (1) a fee for premium processing of employ16 ment-based immigrant petitions; and 

17 (2) a fee for premium processing of an adminis18 trative appeal of any decision on a permanent em19 ployment-based immigrant petition. 

20 SEC. 4236. TECHNICAL CORRECTION. 

21 Section 212 (8 U.S.C. 1182) is amended by redesig22 nating the second subsection (t), as added by section 

23 1(b)(2)(B) of the Act entitled ‘‘An Act to amend and ex24 tend the Irish Peace Process Cultural and Training ProVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00709 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 gram Act of 1998’’ (Public Law 108–449 (118 Stat. 

2 3470)), as subsection (u). 

3 SEC. 4237. APPLICATION. 

4 Except as specifically otherwise provided, the amend5 ments made by this subtitle shall apply to applications 

6 filed on or after the date of the enactment of this Act. 

7 Subtitle C—L Visa Fraud and 

8 Abuse Protections 

9 SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NON10 IMMIGRANTS. 

11 Subparagraph (F) of section 214(c)(2) (8 U.S.C. 

12 1184(c)(2)) is amended to read as follows: 

13 ‘‘(F) The employer of an alien described in section 

14 101(a)(15)(L) shall not place, outsource, lease, or other15 wise contract for the services or placement of such alien 

16 with another employer unless— 

17 ‘‘(i) the other employer is an affiliate, sub18 sidiary, or parent entity of the petitioning employer; 

19 ‘‘(ii) such alien will not be controlled or super20 vised principally by the employer with whom such 

21 alien would be placed; 

22 ‘‘(iii) the placement of such alien at the work23 site of the other employer, who is not described in 

24 clause (i), is not essentially an arrangement to pro25 vide labor for hire for the other employer; and 


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1 ‘‘(iv) the other employer attests that the other 

2 employer has not displaced and will not displace a 

3 United States worker during the period beginning 

4 90 days prior to and 90 days after the date the em5 ployer files the application.’’. 

6 SEC. 4302. L EMPLOYER PETITION REQUIREMENTS FOR 

7 EMPLOYMENT AT NEW OFFICES. 

8 Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended 

9 by adding at the end the following: 

10 ‘‘(G)(i) If the beneficiary of a petition under this 

11 paragraph is coming to the United States to open, or be 

12 employed in, a new office, the petition may be approved 

13 for up to 12 months only if— 

14 ‘‘(I) the alien has not been the beneficiary of 2 

15 or more petitions under this subparagraph during 

16 the immediately preceding 2 years; and 

17 ‘‘(II) the employer operating the new office 

18 has— 

19 ‘‘(aa) an adequate business plan; 

20 ‘‘(bb) sufficient physical premises to carry 

21 out the proposed business activities; and 

22 ‘‘(cc) the financial ability to commence 

23 doing business immediately upon the approval 

24 of the petition. 


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1 ‘‘(ii) An extension of the approval period under clause 

2 (i) may not be granted until the importing employer sub3 mits an application to the Secretary of Homeland Security 

4 that contains— 

5 ‘‘(I) evidence that the importing employer 

6 meets the requirements of this subsection; 

7 ‘‘(II) evidence that the beneficiary of the peti8 tion is eligible for nonimmigrant status under sec9 tion 101(a)(15)(L); 

10 ‘‘(III) a statement summarizing the original pe11 tition; 

12 ‘‘(IV) evidence that the importing employer has 

13 complied with the business plan submitted under 

14 clause (i)(I); 

15 ‘‘(V) evidence of the truthfulness of any rep16 resentations made in connection with the filing of 

17 the original petition; 

18 ‘‘(VI) evidence that the importing employer has 

19 been doing business at the new office through reg20 ular, systematic, and continuous provision of goods 

21 and services; 

22 ‘‘(VII) a statement of the duties the beneficiary 

23 has performed at the new office during the approval 

24 period under clause (i) and the duties the beneficiary 


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1 will perform at the new office during the extension 

2 period granted under this clause; 

3 ‘‘(VIII) a statement describing the staffing at 

4 the new office, including the number of employees 

5 and the types of positions held by such employees; 

6 ‘‘(IX) evidence of wages paid to employees; 

7 ‘‘(X) evidence of the financial status of the new 

8 office; and 

9 ‘‘(XI) any other evidence or data prescribed by 

10 the Secretary. 

11 ‘‘(iii) A new office employing the beneficiary of an 

12 L–1 petition approved under this paragraph shall do busi13 ness only through regular, systematic, and continuous pro14 vision of goods and services. 

15 ‘‘(iv) Notwithstanding clause (ii), and subject to the 

16 maximum period of authorized admission set forth in sub17 paragraph (D), the Secretary of Homeland Security, in 

18 the Secretary’s discretion, may approve a subsequently 

19 filed petition on behalf of the beneficiary to continue em20 ployment at the office described in this subparagraph for 

21 a period beyond the initially granted 12-month period if 

22 the importing employer has been doing business at the 

23 new office through regular, systematic, and continuous 

24 provision of goods and services for the 6 months imme25 diately preceding the date of extension of petition filing 


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1 and demonstrates that the failure to satisfy any of the 

2 requirements described in those subclauses was directly 

3 caused by extraordinary circumstances, as determined by 

4 the Secretary in the Secretary’s discretion.’’. 

5 SEC. 4303. COOPERATION WITH SECRETARY OF STATE. 

6 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

7 by section 4302, is further amended by adding at the end 

8 the following: 

9 ‘‘(H) For purposes of approving petitions under this 

10 paragraph, the Secretary of Homeland Security shall work 

11 cooperatively with the Secretary of State to verify the ex12 istence or continued existence of a company or office in 

13 the United States or in a foreign country.’’. 

14 SEC. 4304. LIMITATION ON EMPLOYMENT OF L NON15 IMMIGRANTS. 

16 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

17 by sections 4302 and 4303, is further amended by adding 

18 at the end the following: 

19 ‘‘(I)(i) If the employer employs 50 or more employees 

20 in the United States, the sum of the number of such em21 ployees who are H–1B nonimmigrants plus the number 

22 of such employees who are L nonimmigrants may not ex23 ceed— 

24 ‘‘(I) 75 percent of the total number of employ25 ees, for fiscal year 2015; 


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1 ‘‘(II) 65 percent of the total number of employ2 ees, for fiscal year 2016; and 

3 ‘‘(III) 50 percent of the total number of em4 ployees, for each fiscal year after fiscal year 2016. 

5 ‘‘(ii) In this subparagraph: 

6 ‘‘(I) The term ‘employer’ does not include a 

7 nonprofit institution of higher education or a non8 profit research organization/an organization de9 scribed in section 501(c)(3) of the Internal Revenue 

10 Code of 1986 and exempt from taxation under 

11 501(a) of that Code that is— 

12 ‘‘(aa) an institution of higher education (as 

13 defined in section 101(a) of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1001(a))); or 

15 ‘‘(bb) a research organization. 

16 ‘‘(II) The term ‘H–1B nonimmigrant’ means an 

17 alien admitted as a nonimmigrant pursuant to sec18 tion 101(a)(15)(H)(i)(b). 

19 ‘‘(III) The term ‘L nonimmigrant’ means an 

20 alien admitted as a nonimmigrant pursuant to sec21 tion 101(a)(15)(L) to provide services to the alien’s 

22 employer involving specialized knowledge. 

23 ‘‘(iii) In determining the percentage of employees of 

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1 immigrants under clause (i), an intending immigrant em2 ployee shall not count toward such percentage.’’. 

3 SEC. 4305. FILING FEE FOR L NONIMMIGRANTS. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the filing fee for an application for admission 

6 of an L nonimmigrant shall be as follows: 

7 (1) For each of the fiscal years 2014 through 

8 2024, $5,000 for applicants that employ 50 or more 

9 employees in the United States if more than 30 per10 cent and less than 50 percent of the applicant’s em11 ployees are H–1B nonimmigrants or L non12 immigrants. 

13 (2) For each of the fiscal years 2014 through 

14 2017, $10,000 for applicants that employ 50 or 

15 more employees in the United States if more than 

16 50 percent and less than 75 percent of the appli17 cant’s employees are H–1B nonimmigrants or L 

18 nonimmigrants. 

19 (b) DEFINITIONS.—In this section: 

20 (1) EMPLOYER.—The term ‘‘employer’’ does 

21 not include a nonprofit institution of higher edu22 cation or a nonprofit research organization/an orga23 nization described in section 501(c)(3) of the Inter24 nal Revenue Code of 1986 and exempt from taxation 

25 under 501(a) of that Code that is— 


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1 (A) an institution of higher education (as 

2 defined in section 101(a) of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1001(a))); or 

4 (B) a research organization. 

5 (2) H–1B NONIMMIGRANT.—The term ‘‘H–1B 

6 nonimmigrant’’ means an alien admitted as a non7 immigrant pursuant to section 101(a)(15)(H)(i)(b) 

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

9 1101(a)(15)(H)(i)(b)). 

10 (3) L NONIMMIGRANT.—The term ‘‘L non11 immigrant’’ means an alien admitted as a non12 immigrant pursuant to section 101(a)(15)(L) of the 

13 Immigration and Nationality Act (8 U.S.C. 

14 1101(a)(15)(L)) to provide services to the alien’s 

15 employer involving specialized knowledge. 

16 (c) EXCEPTION FOR INTENDING IMMIGRANTS.—In 

17 determining the percentage of employees of an employer 

18 that are H–1B nonimmigrants or L nonimmigrants under 

19 subsection (a), an intending immigrant employee shall not 

20 count toward such percentage. 

21 (d) CONFORMING AMENDMENT.—Section 402 of the 

22 Act entitled ‘‘An Act making emergency supplemental ap23 propriations for border security for the fiscal year ending 

24 September 30, 2010, and for other purposes’’, approved 

25 August 13, 2010 (Public Law 111–230; 8 U.S.C. 1101 


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1 note), as amended by section 4234(d), is further amended 

2 by striking subsections (a) and (c). 

3 SEC. 4306. INVESTIGATION AND DISPOSITION OF COM4 PLAINTS AGAINST L NONIMMIGRANT EM5 PLOYERS. 

6 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

7 by sections 4302, 4303, and 4304 is further amended by 

8 adding at the end the following: 

9 ‘‘(J)(i) The Secretary of Homeland Security may ini10 tiate an investigation of any employer that employs non11 immigrants described in section 101(a)(15)(L) with re12 gard to the employer’s compliance with the requirements 

13 of this subsection. 

14 ‘‘(ii)(I) If the Secretary receives specific credible in15 formation from a source who is likely to have knowledge 

16 of an employer’s practices, employment conditions, or 

17 compliance with the requirements under this subsection, 

18 the Secretary may conduct an investigation into the em19 ployer’s compliance with the requirements of this sub20 section. 

21 ‘‘(II) The Secretary may withhold the identity of a 

22 source referred to in subclause (I) from an employer and 

23 the identity of such source shall not be subject to disclo24 sure under section 552 of title 5, United States Code. 


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1 ‘‘(iii) The Secretary shall establish a procedure for 

2 any person desiring to provide to the Secretary informa3 tion described in clause (ii)(I) that may be used, in whole 

4 or in part, as the basis for the commencement of an inves5 tigation described in such clause, to provide the informa6 tion in writing on a form developed and provided by the 

7 Secretary and completed by or on behalf of the person. 

8 ‘‘(iv) No investigation described in clause (ii)(I) (or 

9 hearing described in clause (vi) based on such investiga10 tion) may be conducted with respect to information about 

11 a failure to comply with the requirements under this sub12 section, unless the Secretary receives the information not 

13 later than 24 months after the date of the alleged failure. 

14 ‘‘(v)(I) Subject to subclause (III), before commencing 

15 an investigation of an employer under clause (i) or (ii), 

16 the Secretary shall provide notice to the employer of the 

17 intent to conduct such investigation. 

18 ‘‘(II) The notice required by subclause (I) shall be 

19 provided in such a manner, and shall contain sufficient 

20 detail, to permit the employer to respond to the allegations 

21 before an investigation is commenced. 

22 ‘‘(III) The Secretary is not required to comply with 

23 this clause if the Secretary determines that to do so would 

24 interfere with an effort by the Secretary to investigate or 


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1 secure compliance by the employer with the requirements 

2 of this subsection. 

3 ‘‘(IV) There shall be no judicial review of a deter4 mination by the Secretary under this clause. 

5 ‘‘(vi) If the Secretary, after an investigation under 

6 clause (i) or (ii), determines that a reasonable basis exists 

7 to make a finding that the employer has failed to comply 

8 with the requirements under this subsection, the Secretary 

9 shall provide the interested parties with notice of such de10 termination and an opportunity for a hearing in accord11 ance with section 556 of title 5, United States Code, not 

12 later than 120 days after the date of such determination. 

13 If such a hearing is requested, the Secretary shall make 

14 a finding concerning the matter by not later than 120 days 

15 after the date of the hearing. 

16 ‘‘(vii) If the Secretary, after a hearing, finds a rea17 sonable basis to believe that the employer has violated the 

18 requirements under this subsection, the Secretary shall 

19 impose a penalty under subparagraph (K). 

20 ‘‘(viii)(I) The Secretary may conduct surveys of the 

21 degree to which employers comply with the requirements 

22 under this section. 

23 ‘‘(II) The Secretary shall— 

24 ‘‘(aa) conduct annual compliance audits of each 

25 employer with more than 100 employees who work 


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1 in the United States if more than 15 percent of such 

2 employees are nonimmigrants described in 

3 101(a)(15)(L); and 

4 ‘‘(bb) make available to the public an executive 

5 summary or report describing the general findings of 

6 the audits carried out pursuant to this subclause.’’. 

7 SEC. 4307. PENALTIES. 

8 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

9 by sections 4302, 4303, 4304, and 4306, is further 

10 amended by adding at the end the following: 

11 ‘‘(K)(i) If the Secretary of Homeland Security finds, 

12 after notice and an opportunity for a hearing, a failure 

13 by an employer to meet a condition under subparagraph 

14 (F), (G), or (L) or a misrepresentation of material fact 

15 in a petition to employ 1 or more aliens as nonimmigrants 

16 described in section 101(a)(15)(L)— 

17 ‘‘(I) the Secretary shall impose such administrative 

18 remedies (including civil monetary penalties in an amount 

19 not to exceed $2,000 per violation) as the Secretary deter20 mines to be appropriate; 

21 ‘‘(II) the Secretary may not, during a period of at 

22 least 1 year, approve a petition for that employer to em23 ploy 1 or more aliens as such nonimmigrants; and 


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1 ‘‘(III) in the case of a violation of subparagraph (J), 

2 the employer shall be liable to the employees harmed by 

3 such violation for lost wages and benefits. 

4 ‘‘(ii) If the Secretary finds, after notice and an oppor5 tunity for a hearing, a willful failure by an employer to 

6 meet a condition under subparagraph (F), (G), or (L) or 

7 a willful misrepresentation of material fact in a petition 

8 to employ 1 or more aliens as nonimmigrants described 

9 in section 101(a)(15)(L)— 

10 ‘‘(I) the Secretary shall impose such adminis11 trative remedies (including civil monetary penalties 

12 in an amount not to exceed $10,000 per violation) 

13 as the Secretary determines to be appropriate; 

14 ‘‘(II) the Secretary may not, during a period of 

15 at least 2 years, approve a petition filed for that em16 ployer to employ 1 or more aliens as such non17 immigrants; and 

18 ‘‘(III) in the case of a violation of subparagraph 

19 (J), the employer shall be liable to the employees 

20 harmed by such violation for lost wages and bene21 fits.’’. 


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1 SEC. 4308. PROHIBITION ON RETALIATION AGAINST L NON2 IMMIGRANTS. 

3 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

4 by sections 4302, 4303, 4303, 4306, and 4307, is further 

5 amended by adding at the end the following: 

6 ‘‘(L)(i) It is a violation of this subparagraph for an 

7 employer who has filed a petition to import 1 or more 

8 aliens as nonimmigrants described in section 

9 101(a)(15)(L) to take, fail to take, or threaten to take 

10 or fail to take, a personnel action, or to intimidate, threat11 en, restrain, coerce, blacklist, discharge, or discriminate 

12 in any other manner against an employee because the em13 ployee— 

14 ‘‘(I) has disclosed information that the em15 ployee reasonably believes evidences a violation of 

16 this subsection, or any rule or regulation pertaining 

17 to this subsection; or 

18 ‘‘(II) cooperates or seeks to cooperate with the 

19 requirements of this subsection, or any rule or regu20 lation pertaining to this subsection. 

21 ‘‘(ii) In this subparagraph, the term ‘employee’ in22 cludes— 

23 ‘‘(I) a current employee; 

24 ‘‘(II) a former employee; and 

25 ‘‘(III) an applicant for employment.’’. 


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1 SEC. 4309. REPORTS ON L NONIMMIGRANTS. 

2 Section 214(c)(8) (8 U.S.C. 1184(c)(8)) is amended 

3 by inserting ‘‘(L),’’ after ‘‘(H),’’. 

4 SEC. 4310. APPLICATION. 

5 The amendments made by this subtitle shall apply to 

6 applications filed on or after the date of the enactment 

7 of this Act. 

8 SEC. 4311. REPORT ON L BLANKET PETITION PROCESS. 

9 (a) REQUIREMENT FOR REPORT.—Not later than 6 

10 months after the date of the enactment of this Act, the 

11 Inspector General of the Department of Homeland Secu12 rity shall submit to the appropriate committees of Con13 gress a report regarding the use of blanket petitions under 

14 section 214(c)(2)(A) of the Immigration and Nationality 

15 Act (8 U.S.C. 1184(c)(2)(A)). Such report shall assess the 

16 efficiency and reliability of the process for reviewing such 

17 blanket petitions, including whether the process includes 

18 adequate safeguards against fraud and abuse. 

19 (b) APPROPRIATE COMMITTEES OF CONGRESS.—In 

20 this section the term ‘‘appropriate committees of Con21 gress’’ means— 

22 (1) the Committee on Homeland Security and 

23 Governmental Affairs of the Senate; 

24 (2) the Committee on the Judiciary of the Sen25 ate; 


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1 (3) the Committee on Homeland Security of the 

2 House of Representatives; and 

3 (4) the Committee on the Judiciary of the 

4 House of Representatives. 

5 Subtitle D—Other Nonimmigrant 

6 Visas 

7 SEC. 4401. NONIMMIGRANT VISAS FOR STUDENTS. 

8 (a) AUTHORIZATION OF DUAL INTENT FOR F NON9 IMMIGRANTS SEEKING BACHELOR’S OR GRADUATE DE10 GREES.— 

11 (1) IN GENERAL.—Section 101(a)(15)(F) (8 

12 U.S.C. 1101(a)(15)(F)) is amended to read as fol13 lows: 

14 ‘‘(F)(i) an alien having a residence in a 

15 foreign country who is a bona fide student 

16 qualified to pursue a full course of study and 

17 who seeks to enter the United States tempo18 rarily and solely for the purpose of pursuing 

19 such a course of study consistent with section 

20 214(m) at an accredited college, university, or 

21 language training program, or at an established 

22 seminary, conservatory, academic high school, 

23 elementary school, or other academic institution 

24 in the United States, particularly designated by 

25 the alien and approved by the Secretary of 


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1 Homeland Security after consultation with the 

2 Secretary of Education, which institution or 

3 place of study shall have agreed to report to the 

4 Secretary of Homeland Security the termination 

5 of attendance of each nonimmigrant student, 

6 and if any such institution of learning or place 

7 of study fails to make reports promptly the ap8 proval shall be withdrawn, except that such an 

9 alien who is not seeking to pursue a degree that 

10 is a bachelor’s degree or a graduate degree shall 

11 have a residence in a foreign country that the 

12 alien has no intention of abandoning; 

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

14 any alien described in clause (i) if accom15 panying or following to join such an alien; and 

16 ‘‘(iii) an alien who is a national of Canada 

17 or Mexico, who maintains actual residence and 

18 place of abode in the country of nationality, 

19 who is described in clause (i) except that the 

20 alien’s qualifications for and actual course of 

21 study may be full or part-time, and who com22 mutes to the United States institution or place 

23 of study from Canada or Mexico.’’. 


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1 (2) PRESUMPTION OF STATUS; INTENTION TO

2 ABANDON FOREIGN RESIDENCE.—Section 214 (8 

3 U.S.C. 1184) is amended— 

4 (A) in subsection (b), by striking ‘‘(L) or 

5 (V)’’ and inserting ‘‘(F), (L), or (V)’’; and 

6 (B) in subsection (h), by striking 

7 ‘‘(H)(i)(b) or (c),’’ and inserting ‘‘(F), 

8 (H)(i)(b), (H)(i)(c),’’. 

9 (b) ACCREDITATION REQUIREMENT FOR COLLEGES

10 AND UNIVERSITIES.—Section 101(a)(52) (8 U.S.C. 

11 1101(a)(52)) is amended to read as follows: 

12 ‘‘(52) Except as provided in section 214(m)(4), 

13 the term ‘accredited college, university, or language 

14 training program’ means a college, university, or 

15 language training program that is accredited by an 

16 accrediting agency recognized by the Secretary of 

17 Education.’’. 

18 (c) OTHER REQUIREMENTS FOR ACADEMIC INSTITU19 TIONS.—Section 214(m) (8 U.S.C. 1184(m)) is amended 

20 by adding at the end the following: 

21 ‘‘(3) The Secretary of Homeland Security, in the Sec22 retary’s discretion, may require accreditation of an aca23 demic institution (except for seminaries or other religious 

24 institutions) for purposes of section 101(a)(15)(F) if— 


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1 ‘‘(A) that institution is not already required to 

2 be accredited under section 101(a)(15)(F)(i); 

3 ‘‘(B) an appropriate accrediting agency recog4 nized by the Secretary of Education is able to pro5 vide such accreditation; and 

6 ‘‘(C) the institution has or will have 25 or more 

7 alien students accorded status as nonimmigrants 

8 under clause (i) or (iii) of section 101(a)(15)(F) 

9 pursuing a course of study at that institution. 

10 ‘‘(4) The Secretary of Homeland Security, in the Sec11 retary’s discretion, may waive the accreditation require12 ment in section 101(a)(15)(F)(i) with respect to an estab13 lished college, university, or language training program if 

14 the academic institution— 

15 ‘‘(A) is otherwise in compliance with the re16 quirements of such section; and 

17 ‘‘(B) is making a good faith effort to satisfy the 

18 accreditation requirement. 

19 ‘‘(5)(A) No person convicted of an offense referred 

20 to in subparagraph (B) shall be permitted by any aca21 demic institution having authorization for attendance by 

22 nonimmigrant students under section 101(a)(15)(F)(i) to 

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1 agement of the institution, including serving as an indi2 vidual designated by the institution to maintain records 

3 required by the Student and Exchange Visitor Information 

4 System established under section 641 of the Illegal Immi5 gration Reform and Immigrant Responsibility Act of 1996 

6 (8 U.S.C. 1372). 

7 ‘‘(B) An offense referred to in this subparagraph in8 cludes a violation, punishable by a term of imprisonment 

9 of more than 1 year, of any of the following: 

10 ‘‘(i) Chapter 77 of title 18, United States Code 

11 (relating to peonage, slavery and trafficking in per12 sons). 

13 ‘‘(ii) Chapter 117 of title 18, United States 

14 Code (relating to transportation for illegal sexual ac15 tivity and related crimes). 

16 ‘‘(iii) Section 274 of the Immigration and Na17 tionality Act (8 U.S.C. 1324) (relating to unlawful 

18 bringing of aliens into the United States). 

19 ‘‘(iv) Section 1546 of title 18, United States 

20 Code (relating to fraud and misuse of visas, permits, 

21 and other documents) relating to an academic insti22 tution’s participation in the Student and Exchange 

23 Visitor Program.’’. 


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1 (d) CONFORMING AMENDMENT.—Section 

2 212(a)(6)(G) (8 U.S.C. 1182(a)(6)(G)) is amended by 

3 striking ‘‘section 214(l)’’ and inserting ‘‘section 214(m)’’. 

4 (e) EFFECTIVE DATE.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the amendments made by subsections (a), 

7 (b), and (c)— 

8 (A) shall take effect on the date that is 

9 180 days after the date of the enactment of this 

10 Act; and 

11 (B) shall apply with respect to applications 

12 for a nonimmigrant visa under section 

13 101(a)(15)(F)(i) of the Immigration and Na14 tionality Act (8 U.S.C. 1101(a)(15)(F)(i)) that 

15 are filed on or after the effective date described 

16 in subparagraph (A). 

17 (2) TEMPORARY EXCEPTION.— 

18 (A) IN GENERAL.—During the 3-year pe19 riod beginning on the date of the enactment of 

20 this Act, an alien seeking to enter the United 

21 States to pursue a course of study at a college 

22 or university that has been certified by the Sec23 retary may be granted a nonimmigrant visa 

24 under clause (i) or clause (iii) of section 

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1 ality Act (8 U.S.C. 1101(a)(15)(F)) without re2 gard to whether or not that college or university 

3 has been accredited or been denied accredita4 tion by an entity described in section 

5 101(a)(52) of such Act (8 U.S.C. 1101(a)(52)), 

6 as amended by subsection (b). 

7 (B) ADDITIONAL REQUIREMENT.—An 

8 alien may not be granted a nonimmigrant visa 

9 under subparagraph (A) if the college or univer10 sity to which the alien seeks to enroll does 

11 not— 

12 (i) submit an application for the ac13 creditation of such institution to a regional 

14 or national accrediting agency recognized 

15 by the Secretary of Education on or before 

16 the date that is 1 year after the effective 

17 date described in paragraph (1)(A); and 

18 (ii) comply with the applicable accred19 iting requirements of such agency. 

20 SEC. 4402. CLASSIFICATION FOR SPECIALTY OCCUPATION 

21 WORKERS FROM FREE TRADE COUNTRIES. 

22 (a) NONIMMIGRANT STATUS.—Section 

23 101(a)(15)(E)(8 U.S.C. 1101(a)(15)(E)) is amended— 

24 (1) in the matter preceding clause (i), by insert25 ing ‘‘, bilateral investment treaty, or free trade 


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1 agreement’’ after ‘‘treaty of commerce and naviga2 tion’’; 

3 (2) in clause (ii), by striking ‘‘or’’ at the end; 

4 and 

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

6 ‘‘(iv) solely to perform services in a 

7 specialty occupation in the United States if 

8 the alien is a national of a country, other 

9 than Chile, Singapore, or Australia, with 

10 which the United States has entered into a 

11 free trade agreement (regardless of wheth12 er such an agreement is a treaty of com13 merce and navigation) and with respect to 

14 whom the Secretary of Labor determines 

15 and certifies to the Secretary of Homeland 

16 Security and the Secretary of State that 

17 the intending employer has filed with the 

18 Secretary of Labor an attestation under 

19 section 212(t); or 

20 ‘‘(v) solely to perform services in a 

21 specialty occupation in the United States if 

22 the alien is a national of the Republic of 

23 Korea and with respect to whom the Sec24 retary of Labor determines and certifies to 

25 the Secretary of Homeland Security and 


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1 the Secretary of State that the intending 

2 employer has filed with the Secretary of 

3 Labor an attestation under section 

4 212(t);’’. 

5 (b) FREE TRADE AGREEMENTS.—Section 214(g) (8 

6 U.S.C. 1184(g)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(12)(A) The free trade agreements referred to in 

9 section 101(a)(15)(E)(iv) are defined as any free trade 

10 agreement designated by the Secretary of Homeland Secu11 rity with the concurrence of the United States Trade Rep12 resentative and the Secretary of State. 

13 ‘‘(B) The Secretary of State may not approve a num14 ber of initial applications submitted for aliens described 

15 in section 101(a)(15)(E)(iv) that is more than 5,000 per 

16 fiscal year for each country with which the United States 

17 has entered into a Free Trade Agreement. 

18 ‘‘(C) The applicable numerical limitation referred to 

19 in subparagraph (A) shall apply only to principal aliens 

20 and not to the spouses or children of such aliens.’’. 

21 (c) NONIMMIGRANT PROFESSIONALS.—Section 

22 212(t) (8 U.S.C. 1182(t)) is amended by striking ‘‘section 

23 101(a)(15)(E)(iii)’’ each place that term appears and in24 serting ‘‘clause (iii) or (iv) of section 101(a)(15)(E)’’. 


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1 SEC. 4403. E–VISA REFORM. 

2 (a) NONIMMIGRANT CATEGORY.—Section 

3 101(a)(15)(E)(iii) (8 U.S.C. 1101(a)(15)(E)(iii)) is 

4 amended by inserting ‘‘, or solely to perform services as 

5 an employee and who has at least a high school education 

6 or its equivalent, or has, within 5 years, at least 2 years 

7 of work experience in an occupation which requires at least 

8 2 years of training or experience if the alien is a national 

9 of the Republic of Ireland,’’ after ‘‘Australia’’. 

10 (b) TEMPORARY ADMISSION.—Section 212(d)(3)(A) 

11 (8 U.S.C. 1182(d)(3)(A)) is amended to read as follows: 

12 ‘‘(A) Except as otherwise provided in this sub13 section— 

14 ‘‘(i) an alien who is applying for a non15 immigrant visa and who the consular officer 

16 knows or believes to be ineligible for such visa 

17 under subsection (a) (other than subparagraphs 

18 (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and 

19 (E)(ii) of paragraph (3) of such subsection)— 

20 ‘‘(I) after approval by the Secretary of 

21 Homeland Security of a recommendation 

22 by the Secretary of State or by the con23 sular officer that the alien be admitted 

24 temporarily despite the alien’s inadmis25 sibility, may be granted such a visa and 

26 may be admitted into the United States 


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1 temporarily as a nonimmigrant, in the dis2 cretion of the Secretary of Homeland Secu3 rity; or 

4 ‘‘(II) absent such recommendation 

5 and approval, be granted a nonimmigrant 

6 visa pursuant to section 101(a)(15)(E) if 

7 such ineligibility is based solely on conduct 

8 in violation of paragraph (6), (7), or (9) of 

9 section 212(a) that occurred before the 

10 date of the enactment of the Border Secu11 rity, Economic Opportunity, and Immigra12 tion Modernization Act; and 

13 ‘‘(ii) an alien who is inadmissible under 

14 subsection (a) (other than subparagraphs 

15 (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and 

16 (E)(ii) of paragraph (3) of such subsection), is 

17 in possession of appropriate documents or was 

18 granted a waiver from such document require19 ment, and is seeking admission, may be admit20 ted into the United States temporarily as a 

21 nonimmigrant, in the discretion of the Sec22 retary of Homeland Security, who shall pre23 scribe conditions, including exaction of such 

24 bonds as may be necessary, to control and regu25 late the admission and return of inadmissible 


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1 aliens applying for temporary admission under 

2 this paragraph.’’. 

3 (c) NUMERICAL LIMITATION.—Section 

4 214(g)(11)(B) (8 U.S.C. 1184(g)(11)(B)) is amended by 

5 striking the period at the end and inserting ‘‘for each of 

6 the nationalities identified under section 

7 101(a)(15)(E)(iii).’’. 

8 SEC. 4404. OTHER CHANGES TO NONIMMIGRANT VISAS. 

9 (a) PORTABILITY.—Paragraphs (1) and (2) of sec10 tion 214(n) (8 U.S.C. 1184(n)) are amended to read as 

11 follows: 

12 ‘‘(1) A nonimmigrant alien described in paragraph 

13 (2) who was previously issued a visa or otherwise provided 

14 nonimmigrant status under section 101(a)(15)(H)(i)(b) or 

15 101(a)(15)(O)(i) is authorized to accept new employment 

16 pursuant to such section upon the filing by the prospective 

17 employer of a new petition on behalf of such nonimmigrant 

18 as provided under subsection (a). Employment authoriza19 tion shall continue for such alien until the new petition 

20 is adjudicated. If the new petition is denied, such author21 ization shall cease. 

22 ‘‘(2) A nonimmigrant alien described in this para23 graph is a nonimmigrant alien— 

24 ‘‘(A) who has been lawfully admitted into the 

25 United States; 


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1 ‘‘(B) on whose behalf an employer has filed a 

2 nonfrivolous petition for new employment before the 

3 date of expiration of the period of stay authorized by 

4 the Secretary of Homeland Security; and 

5 ‘‘(C) who, subsequent to such lawful admission, 

6 has not been employed without authorization in the 

7 United States before the filing of such petition.’’. 

8 (b) WAIVER.—The undesignated material at the end 

9 of section 214(c)(3) (8 U.S.C. 1184(c)(3)) is amended to 

10 read as follows: 

11 ‘‘The Secretary of Homeland Security shall provide by 

12 regulation for the waiver of the consultation requirement 

13 under subparagraph (A) in the case of aliens who have 

14 been admitted as nonimmigrants under section 

15 101(a)(15)(O)(i) because of extraordinary ability in the 

16 arts or extraordinary achievement in motion picture or tel17 evision production and who seek readmission to perform 

18 similar services within 3 years after the date of a consulta19 tion under such subparagraph provided that, in the case 

20 of aliens admitted because of extraordinary achievement 

21 in motion picture or television production, such waiver 

22 shall apply only if the prior consultations by the appro23 priate union and management organization were favorable 

24 or raised no objection to the approval of the petition. Not 

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1 retary shall forward a copy of the petition and all sup2 porting documentation to the national office of an appro3 priate labor organization.’’. 

4 SEC. 4405. TREATMENT OF NONIMMIGRANTS DURING AD5 JUDICATION OF APPLICATION. 

6 Section 214 (8 U.S.C. 1184), as amended by sections 

7 3609 and 4233, is further amended by adding at the end 

8 the following: 

9 ‘‘(u) TREATMENT OF NONIMMIGRANTS DURING AD10 JUDICATION OF APPLICATION.—A nonimmigrant alien 

11 granted employment authorization pursuant to sections 

12 101(a)(15)(A), 101(a)(15)(E), 101(a)(15)(G), 

13 101(a)(15)(H), 101(a)(15)(I), 101(a)(15)(J), 

14 101(a)(15)(L), 101(a)(15)(O), 101(a)(15)(P), 

15 101(a)(15)(Q), 101(a)(15)(R), 214(e), and such other sec16 tions as the Secretary of Homeland Security may by regu17 lations prescribe whose status has expired but who has, 

18 or whose sponsoring employer or authorized agent has, 

19 filed a timely application or petition for an extension of 

20 such employment authorization and nonimmigrant status 

21 as provided under subsection (a) is authorized to continue 

22 employment with the same employer until the application 

23 or petition is adjudicated. Such authorization shall be sub24 ject to the same conditions and limitations as the initial 

25 grant of employment authorization.’’. 


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1 SEC. 4406. NONIMMIGRANT ELEMENTARY AND SECONDARY 

2 SCHOOL STUDENTS. 

3 Section 214(m)(1)(B) (8 U.S.C. 1184(m)(1)(B)) is 

4 amended striking ‘‘unless—’’ and all that follows through 

5 ‘‘(ii)’’ and inserting ‘‘unless’’. 

6 Subtitle E—JOLT Act 

7 SEC. 4501. SHORT TITLES. 

8 This subtitle may be cited as the ‘‘Jobs Originated 

9 through Launching Travel Act of 2013’’ or the ‘‘JOLT 

10 Act of 2013’’. 

11 SEC. 4502. PREMIUM PROCESSING. 

12 Section 221 (8 U.S.C. 1201) is amended by inserting 

13 at the end the following: 

14 ‘‘(j) PREMIUM PROCESSING.— 

15 ‘‘(1) PILOT PROCESSING SERVICE.—Recog16 nizing that the best solution for expedited processing 

17 is low interview wait times for all applicants, the 

18 Secretary of State shall nevertheless establish, on a 

19 limited, pilot basis only, a fee-based premium proc20 essing service to expedite interview appointments. In 

21 establishing a pilot processing service, the Secretary 

22 may— 

23 ‘‘(A) determine the consular posts at which 

24 the pilot service will be available; 

25 ‘‘(B) establish the duration of the pilot 

26 service; 


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1 ‘‘(C) define the terms and conditions of the 

2 pilot service, with the goal of expediting visa 

3 appointments and the interview process for 

4 those electing to pay said fee for the service; 

5 and 

6 ‘‘(D) resources permitting, during the pilot 

7 service, consider the addition of consulates in 

8 locations advantageous to foreign policy objec9 tives or in highly populated locales. 

10 ‘‘(2) FEES.— 

11 ‘‘(A) AUTHORITY TO COLLECT.—The Sec12 retary of State is authorized to collect, and set 

13 the amount of, a fee imposed for the premium 

14 processing service. The Secretary of State shall 

15 set the fee based on all relevant considerations 

16 including, the cost of expedited service. 

17 ‘‘(B) USE OF FEES.—Fees collected under 

18 the authority of subparagraph (A) shall be de19 posited as an offsetting collection to any De20 partment of State appropriation, to recover the 

21 costs of providing consular services. Such fees 

22 shall remain available for obligation until ex23 pended. 

24 ‘‘(C) RELATIONSHIP TO OTHER FEES.— 

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1 rently being collected by the Department of 

2 State. 

3 ‘‘(D) NONREFUNDABLE.—Such fee will be 

4 nonrefundable to the applicant. 

5 ‘‘(3) DESCRIPTION OF PREMIUM PROC6 ESSING.—Premium processing pertains solely to the 

7 expedited scheduling of a visa interview. Utilizing 

8 the premium processing service for an expedited 

9 interview appointment does not establish the appli10 cant’s eligibility for a visa. The Secretary of State 

11 shall, if possible, inform applicants utilizing the pre12 mium processing of potential delays in visa issuance 

13 due to additional screening requirements, including 

14 necessary security-related checks and clearances. 

15 ‘‘(4) REPORT TO CONGRESS.— 

16 ‘‘(A) REQUIREMENT FOR REPORT.—Not 

17 later than 18 months after the date of the en18 actment of the JOLT Act of 2013, the Sec19 retary of State shall submit to the appropriate 

20 committees of Congress a report on the results 

21 of the pilot service carried out under this sec22 tion. 

23 ‘‘(B) APPROPRIATE COMMITTEES OF CON24 GRESS DEFINED.—In this paragraph, the term 

25 ‘appropriate committees of Congress’ means— 


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1 ‘‘(i) the Committee on the Judiciary, 

2 the Committee on Foreign Relations, and 

3 the Committee on Appropriations of the 

4 Senate; and 

5 ‘‘(ii) the Committee on the Judiciary, 

6 the Committee on Foreign Affairs, and the 

7 Committee on Appropriations of the House 

8 of Representatives.’’. 

9 SEC. 4503. ENCOURAGING CANADIAN TOURISM TO THE 

10 UNITED STATES. 

11 Section 214 (8 U.S.C. 1184), as amended by sections 

12 3609, 4233, and 4405, is further amended by adding at 

13 the end the following: 

14 ‘‘(v) CANADIAN RETIREES.— 

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

16 Security may admit as a visitor for pleasure as de17 scribed in section 101(a)(15)(B) any alien for a pe18 riod not to exceed 240 days, if the alien dem19 onstrates, to the satisfaction of the Secretary, that 

20 the alien— 

21 ‘‘(A) is a citizen of Canada; 

22 ‘‘(B) is at least 55 years of age; 

23 ‘‘(C) maintains a residence in Canada; 

24 ‘‘(D) owns a residence in the United States 

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1 modations in the United States for the duration 

2 of the alien’s stay in the United States; 

3 ‘‘(E) is not inadmissible under section 212; 

4 ‘‘(F) is not described in any ground of de5 portability under section 237; 

6 ‘‘(G) will not engage in employment or 

7 labor for hire in the United States; and 

8 ‘‘(H) will not seek any form of assistance 

9 or benefit described in section 403(a) of the 

10 Personal Responsibility and Work Opportunity 

11 Reconciliation Act of 1996 (8 U.S.C. 1613(a)). 

12 ‘‘(2) SPOUSE.—The spouse of an alien de13 scribed in paragraph (1) may be admitted under the 

14 same terms as the principal alien if the spouse satis15 fies the requirements of paragraph (1), other than 

16 subparagraph (D). 

17 ‘‘(3) IMMIGRANT INTENT.—In determining eli18 gibility for admission under this subsection, mainte19 nance of a residence in the United States shall not 

20 be considered evidence of intent by the alien to 

21 abandon the alien’s residence in Canada. 

22 ‘‘(4) PERIOD OF ADMISSION.—During any sin23 gle 365-day period, an alien may be admitted as de24 scribed in section 101(a)(15)(B) pursuant to this 

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1 ginning on the date of admission. Periods of time 

2 spent outside the United States during such 240-day 

3 period shall not toll the expiration of such 240-day 

4 period.’’. 

5 SEC. 4504. RETIREE VISA. 

6 (a) NONIMMIGRANT STATUS.—Section 101(a)(15) is 

7 amended by inserting after subparagraph (W) the fol8 lowing: 

9 ‘‘(Y) subject to section 214(w), an alien 

10 who, after the date of the enactment of the 

11 JOLT Act of 2013— 

12 ‘‘(i)(I) uses at least $500,000 in cash 

13 to purchase 1 or more residences in the 

14 United States, which each sold for more 

15 than 100 percent of the most recent ap16 praised value of such residence, as deter17 mined by the property assessor in the city 

18 or county in which the residence is located; 

19 ‘‘(II) maintains ownership of residen20 tial property in the United States worth at 

21 least $500,000 during the entire period the 

22 alien remains in the United States as a 

23 nonimmigrant described in this subpara24 graph; and 


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1 ‘‘(III) resides for more than 180 days 

2 per year in a residence in the United 

3 States that is worth at least $250,000; and 

4 ‘‘(ii) the alien spouse and children of 

5 the alien described in clause (i) if accom6 panying or following to join the alien.’’. 

7 (b) VISA APPLICATION PROCEDURES.—Section 214 

8 (8 U.S.C. 1184), as amended by sections 3609, 4233, 

9 4405, and 4503, is further amended by adding at the end 

10 the following: 

11 ‘‘(w) VISAS OF NONIMMIGRANTS DESCRIBED IN SEC12 TION 101(a)(15)(Y).— 

13 ‘‘(1) The Secretary of Homeland Security shall 

14 authorize the issuance of a nonimmigrant visa to 

15 any alien described in section 101(a)(15)(Y) who 

16 submits a petition to the Secretary that dem17 onstrates, to the satisfaction of the Secretary, that 

18 the alien— 

19 ‘‘(A) has purchased a residence in the 

20 United States that meets the criteria set forth 

21 in section 101(a)(15)(Y)(i); 

22 ‘‘(B) is at least 55 years of age; 

23 ‘‘(C) possesses health insurance coverage; 

24 ‘‘(D) is not inadmissible under section 212; 

25 and 


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1 ‘‘(E) will comply with the terms set forth 

2 in paragraph (2). 

3 ‘‘(2) An alien who is issued a visa under this 

4 subsection— 

5 ‘‘(A) shall reside in the United States at a 

6 residence that meets the criteria set forth in 

7 section 101(a)(15)(Y)(i) for more than 180 

8 days per year; 

9 ‘‘(B) is not authorized to engage in em10 ployment in the United States, except for em11 ployment that is directly related to the manage12 ment of the residential property described in 

13 section 101(Y)(i)(II); 

14 ‘‘(C) is not eligible for any form of assist15 ance or benefit described in section 403(a) of 

16 the Personal Responsibility and Work Oppor17 tunity Reconciliation Act of 1996 (8 U.S.C. 

18 1613(a)); and 

19 ‘‘(D) may renew such visa every 3 years 

20 under the same terms and conditions.’’. 

21 SEC. 4505. INCENTIVES FOR FOREIGN VISITORS VISITING 

22 THE UNITED STATES DURING LOW PEAK SEA23 SONS. 

24 The Secretary of State shall make publically avail25 able, on a monthly basis, historical data, for the previous 


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1 2 years, regarding the availability of visa appointments for 

2 each visa processing post, to allow applicants to identify 

3 periods of low demand, when wait times tend to be lower. 

4 SEC. 4506. VISA WAIVER PROGRAM ENHANCED SECURITY 

5 AND REFORM. 

6 (a) DEFINITIONS.—Section 217(c)(1) (8 U.S.C. 

7 1187(c)(1)) is amended to read as follows: 

8 ‘‘(1) AUTHORITY TO DESIGNATE; DEFINI9 TIONS.— 

10 ‘‘(A) AUTHORITY TO DESIGNATE.—The 

11 Secretary of Homeland Security, in consultation 

12 with the Secretary of State, may designate any 

13 country as a program country if that country 

14 meets the requirements under paragraph (2). 

15 ‘‘(B) DEFINITIONS.—In this subsection: 

16 ‘‘(i) APPROPRIATE CONGRESSIONAL

17 COMMITTEES.—The term ‘appropriate con18 gressional committees’ means— 

19 ‘‘(I) the Committee on Foreign 

20 Relations, the Committee on Home21 land Security and Governmental Af22 fairs, and the Committee on the Judi23 ciary of the Senate; and 

24 ‘‘(II) the Committee on Foreign 

25 Affairs, the Committee on Homeland 


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1 Security, and the Committee on the 

2 Judiciary of the House of Representa3 tives. 

4 ‘‘(ii) OVERSTAY RATE.— 

5 ‘‘(I) INITIAL DESIGNATION.—The 

6 term ‘overstay rate’ means, with re7 spect to a country being considered 

8 for designation in the program, the 

9 ratio of— 

10 ‘‘(aa) the number of nation11 als of that country who were ad12 mitted to the United States on 

13 the basis of a nonimmigrant visa 

14 under section 101(a)(15)(B) 

15 whose periods of authorized stay 

16 ended during a fiscal year but 

17 who remained unlawfully in the 

18 United States beyond such peri19 ods; to 

20 ‘‘(bb) the number of nation21 als of that country who were ad22 mitted to the United States on 

23 the basis of a nonimmigrant visa 

24 under section 101(a)(15)(B) 


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1 whose periods of authorized stay 

2 ended during that fiscal year. 

3 ‘‘(II) CONTINUING DESIGNA4 TION.—The term ‘overstay rate’ 

5 means, for each fiscal year after ini6 tial designation under this section 

7 with respect to a country, the ratio 

8 of— 

9 ‘‘(aa) the number of nation10 als of that country who were ad11 mitted to the United States 

12 under this section or on the basis 

13 of a nonimmigrant visa under 

14 section 101(a)(15)(B) whose pe15 riods of authorized stay ended 

16 during a fiscal year but who re17 mained unlawfully in the United 

18 States beyond such periods; to 

19 ‘‘(bb) the number of nation20 als of that country who were ad21 mitted to the United States 

22 under this section or on the basis 

23 of a nonimmigrant visa under 

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1 riods of authorized stay ended 

2 during that fiscal year. 

3 ‘‘(III) COMPUTATION OF OVER4 STAY RATE.—In determining the over5 stay rate for a country, the Secretary 

6 of Homeland Security may utilize in7 formation from any available data8 bases to ensure the accuracy of such 

9 rate. 

10 ‘‘(iii) PROGRAM COUNTRY.—The term 

11 ‘program country’ means a country des12 ignated as a program country under sub13 paragraph (A).’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 Section 217 (8 U.S.C. 1187) is amended— 

16 (1) by striking ‘‘Attorney General’’ each place 

17 the term appears (except in subsection (c)(11)(B)) 

18 and inserting ‘‘Secretary of Homeland Security’’; 

19 and 

20 (2) in subsection (c)— 

21 (A) in paragraph (2)(C)(iii), by striking 

22 ‘‘Committee on the Judiciary and the Com23 mittee on International Relations of the House 

24 of Representatives and the Committee on the 

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1 tions of the Senate’’ and inserting ‘‘appropriate 

2 congressional committees’’; 

3 (B) in paragraph (5)(A)(i)(III), by striking 

4 ‘‘Committee on the Judiciary, the Committee on 

5 Foreign Affairs, and the Committee on Home6 land Security, of the House of Representatives 

7 and the Committee on the Judiciary, the Com8 mittee on Foreign Relations, and the Com9 mittee on Homeland Security and Govern10 mental Affairs of the Senate’’ and inserting 

11 ‘‘appropriate congressional committees’’; and 

12 (C) in paragraph (7), by striking subpara13 graph (E). 

14 (c) DESIGNATION OF PROGRAM COUNTRIES BASED

15 ON OVERSTAY RATES.— 

16 (1) IN GENERAL.—Section 217(c)(2)(A) (8 

17 U.S.C. 1187(c)(2)(A)) is amended to read as fol18 lows: 

19 ‘‘(A) GENERAL NUMERICAL LIMITA20 TIONS.— 

21 ‘‘(i) LOW NONIMMIGRANT VISA RE22 FUSAL RATE.—The percentage of nationals 

23 of that country refused nonimmigrant visas 

24 under section 101(a)(15)(B) during the 

25 previous full fiscal year was not more than 


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1 3 percent of the total number of nationals 

2 of that country who were granted or re3 fused nonimmigrant visas under such sec4 tion during such year. 

5 ‘‘(ii) LOW NONIMMIGRANT OVERSTAY

6 RATE.—The overstay rate for that country 

7 was not more than 3 percent during the 

8 previous fiscal year.’’. 

9 (2) QUALIFICATION CRITERIA.—Section 

10 217(c)(3) (8 U.S.C. 1187(c)(3)) is amended to read 

11 as follows: 

12 ‘‘(3) QUALIFICATION CRITERIA.—After designa13 tion as a program country under section 217(c)(2), 

14 a country may not continue to be designated as a 

15 program country unless the Secretary of Homeland 

16 Security, in consultation with the Secretary of State, 

17 determines, pursuant to the requirements under 

18 paragraph (5), that the designation will be contin19 ued.’’. 

20 (3) INITIAL PERIOD.—Section 217(c) is further 

21 amended by striking paragraph (4). 

22 (4) CONTINUING DESIGNATION.—Section 

23 217(c)(5)(A)(i)(II) (8 U.S.C. 1187(c)(5)(A)(i)(II)) is 

24 amended to read as follows: 


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1 ‘‘(II) shall determine, 

2 based upon the evaluation in 

3 subclause (I), whether any 

4 such designation under sub5 section (d) or (f), or proba6 tion under subsection (f), 

7 ought to be continued or ter8 minated;’’. 

9 (5) COMPUTATION OF VISA REFUSAL RATES; 

10 JUDICIAL REVIEW.—Section 217(c)(6) (8 U.S.C. 

11 1187(c)(6)) is amended to read as follows: 

12 ‘‘(6) COMPUTATION OF VISA REFUSAL RATES

13 AND JUDICIAL REVIEW.— 

14 ‘‘(A) COMPUTATION OF VISA REFUSAL

15 RATES.—For purposes of determining the eligi16 bility of a country to be designated as a pro17 gram country, the calculation of visa refusal 

18 rates shall not include any visa refusals which 

19 incorporate any procedures based on, or are 

20 otherwise based on, race, sex, or disability, un21 less otherwise specifically authorized by law or 

22 regulation. 

23 ‘‘(B) JUDICIAL REVIEW.—No court shall 

24 have jurisdiction under this section to review 

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1 putation of a visa refusal rate, the Secretary of 

2 Homeland Security’s computation of an over3 stay rate, or the designation or nondesignation 

4 of a country as a program country.’’. 

5 (6) VISA WAIVER INFORMATION.—Section 

6 217(c)(7) (8 U.S.C. 1187(c)(7)) is amended— 

7 (A) by striking subparagraphs (B) through 

8 (D); and 

9 (B) by striking ‘‘WAIVER INFORMATION.— 

10 ’’ and all that follows through ‘‘In refusing’’ 

11 and inserting ‘‘WAIVER INFORMATION.—In re12 fusing’’. 

13 (7) WAIVER AUTHORITY.—Section 217(c)(8) (8 

14 U.S.C. 1187(c)(8)) is amended to read as follows: 

15 ‘‘(8) WAIVER AUTHORITY.—The Secretary of 

16 Homeland Security, in consultation with the Sec17 retary of State, may waive the application of para18 graph (2)(A)(i) for a country if— 

19 ‘‘(A) the country meets all other require20 ments of paragraph (2); 

21 ‘‘(B) the Secretary of Homeland Security 

22 determines that the totality of the country’s se23 curity risk mitigation measures provide assur24 ance that the country’s participation in the pro25 gram would not compromise the law enforceVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00754 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 ment, security interests, or enforcement of the 

2 immigration laws of the United States; 

3 ‘‘(C) there has been a general downward 

4 trend in the percentage of nationals of the 

5 country refused nonimmigrant visas under sec6 tion 101(a)(15)(B); 

7 ‘‘(D) the country consistently cooperated 

8 with the Government of the United States on 

9 counterterrorism initiatives, information shar10 ing, preventing terrorist travel, and extradition 

11 to the United States of individuals (including 

12 the country’s own nationals) who commit 

13 crimes that violate United States law before the 

14 date of its designation as a program country, 

15 and the Secretary of Homeland Security and 

16 the Secretary of State assess that such coopera17 tion is likely to continue; and 

18 ‘‘(E) the percentage of nationals of the 

19 country refused a nonimmigrant visa under sec20 tion 101(a)(15)(B) during the previous full fis21 cal year was not more than 10 percent of the 

22 total number of nationals of that country who 

23 were granted or refused such nonimmigrant 

24 visas.’’. 


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1 (d) TERMINATION OF DESIGNATION; PROBATION.— 

2 Section 217(f) (8 U.S.C. 1187(f)) is amended to read as 

3 follows: 

4 ‘‘(f) TERMINATION OF DESIGNATION; PROBATION.— 

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

6 ‘‘(A) PROBATIONARY PERIOD.—The term 

7 ‘probationary period’ means the fiscal year in 

8 which a probationary country is placed in pro9 bationary status under this subsection. 

10 ‘‘(B) PROGRAM COUNTRY.—The term ‘pro11 gram country’ has the meaning given that term 

12 in subsection (c)(1)(B). 

13 ‘‘(2) DETERMINATION, NOTICE, AND INITIAL

14 PROBATIONARY PERIOD.— 

15 ‘‘(A) DETERMINATION OF PROBATIONARY

16 STATUS AND NOTICE OF NONCOMPLIANCE.—As 

17 part of each program country’s periodic evalua18 tion required by subsection (c)(5)(A), the Sec19 retary of Homeland Security shall determine 

20 whether a program country is in compliance 

21 with the program requirements under subpara22 graphs (A)(ii) through (F) of subsection (c)(2). 

23 ‘‘(B) INITIAL PROBATIONARY PERIOD.—If 

24 the Secretary of Homeland Security determines 

25 that a program country is not in compliance 


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1 with the program requirements under subpara2 graphs (A)(ii) through (F) of subsection (c)(2), 

3 the Secretary of Homeland Security shall place 

4 the program country in probationary status for 

5 the fiscal year following the fiscal year in which 

6 the periodic evaluation is completed. 

7 ‘‘(3) ACTIONS AT THE END OF THE INITIAL

8 PROBATIONARY PERIOD.—At the end of the initial 

9 probationary period of a country under paragraph 

10 (2)(B), the Secretary of Homeland Security shall 

11 take 1 of the following actions: 

12 ‘‘(A) COMPLIANCE DURING INITIAL PROBA13 TIONARY PERIOD.—If the Secretary determines 

14 that all instances of noncompliance with the 

15 program requirements under subparagraphs 

16 (A)(ii) through (F) of subsection (c)(2) that 

17 were identified in the latest periodic evaluation 

18 have been remedied by the end of the initial 

19 probationary period, the Secretary shall end the 

20 country’s probationary period. 

21 ‘‘(B) NONCOMPLIANCE DURING INITIAL

22 PROBATIONARY PERIOD.—If the Secretary de23 termines that any instance of noncompliance 

24 with the program requirements under subpara25 graphs (A)(ii) through (F) of subsection (c)(2) 


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1 that were identified in the latest periodic eval2 uation has not been remedied by the end of the 

3 initial probationary period— 

4 ‘‘(i) the Secretary may terminate the 

5 country’s participation in the program; or 

6 ‘‘(ii) on an annual basis, the Secretary 

7 may continue the country’s probationary 

8 status if the Secretary, in consultation 

9 with the Secretary of State, determines 

10 that the country’s continued participation 

11 in the program is in the national interest 

12 of the United States. 

13 ‘‘(4) ACTIONS AT THE END OF ADDITIONAL

14 PROBATIONARY PERIODS.—At the end of all proba15 tionary periods granted to a country pursuant to 

16 paragraph (3)(B)(ii), the Secretary shall take 1 of 

17 the following actions: 

18 ‘‘(A) COMPLIANCE DURING ADDITIONAL

19 PERIOD.—The Secretary shall end the country’s 

20 probationary status if the Secretary determines 

21 during the latest periodic evaluation required by 

22 subsection (c)(5)(A) that the country is in com23 pliance with the program requirements under 

24 subparagraphs (A)(ii) through (F) of subsection 

25 (c)(2). 


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1 ‘‘(B) NONCOMPLIANCE DURING ADDI2 TIONAL PERIODS.—The Secretary shall termi3 nate the country’s participation in the program 

4 if the Secretary determines during the latest 

5 periodic evaluation required by subsection 

6 (c)(5)(A) that the program country continues to 

7 be in noncompliance with the program require8 ments under subparagraphs (A)(ii) through (F) 

9 of subsection (c)(2). 

10 ‘‘(5) EFFECTIVE DATE.—The termination of a 

11 country’s participation in the program under para12 graph (3)(B) or (4)(B) shall take effect on the first 

13 day of the first fiscal year following the fiscal year 

14 in which the Secretary determines that such partici15 pation shall be terminated. Until such date, nation16 als of the country shall remain eligible for a waiver 

17 under subsection (a). 

18 ‘‘(6) TREATMENT OF NATIONALS AFTER TERMI19 NATION.—For purposes of this subsection and sub20 section (d)— 

21 ‘‘(A) nationals of a country whose designa22 tion is terminated under paragraph (3) or (4) 

23 shall remain eligible for a waiver under sub24 section (a) until the effective date of such ter25 mination; and 


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1 ‘‘(B) a waiver under this section that is 

2 provided to such a national for a period de3 scribed in subsection (a)(1) shall not, by such 

4 termination, be deemed to have been rescinded 

5 or otherwise rendered invalid, if the waiver is 

6 granted prior to such termination. 

7 ‘‘(7) CONSULTATIVE ROLE OF THE SECRETARY

8 OF STATE.—In this subsection, references to sub9 paragraphs (A)(ii) through (F) of subsection (c)(2) 

10 and subsection (c)(5)(A) carry with them the con11 sultative role of the Secretary of State as provided 

12 in those provisions.’’. 

13 (e) REVIEW OF OVERSTAY TRACKING METHOD14 OLOGY.—Not later than 180 days after the date of the 

15 enactment of this Act, the Comptroller General of the 

16 United States shall conduct a review of the methods used 

17 by the Secretary— 

18 (1) to track aliens entering and exiting the 

19 United States; and 

20 (2) to detect any such alien who stays longer 

21 than such alien’s period of authorized admission. 

22 (f) EVALUATION OF ELECTRONIC SYSTEM FOR

23 TRAVEL AUTHORIZATION.—Not later than 90 days after 

24 the date of the enactment of this Act, the Secretary shall 

25 submit to Congress— 


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1 (1) an evaluation of the security risks of aliens 

2 who enter the United States without an approved 

3 Electronic System for Travel Authorization 

4 verification; and 

5 (2) a description of any improvements needed 

6 to minimize the number of aliens who enter the 

7 United States without the verification described in 

8 paragraph (1). 

9 (g) SENSE OF CONGRESS ON PRIORITY FOR REVIEW

10 OF PROGRAM COUNTRIES.—It is the sense of Congress 

11 that the Secretary, in the process of conducting evalua12 tions of countries participating in the visa waiver program 

13 under section 217 of the Immigration and Nationality Act 

14 (8 U.S.C. 1187), should prioritize the reviews of countries 

15 in which circumstances indicate that such a review is nec16 essary or desirable. 

17 SEC. 4507. EXPEDITING ENTRY FOR PRIORITY VISITORS. 

18 Section 7208(k)(4) of the Intelligence Reform and 

19 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(k)(4)) 

20 is amended to read as follows: 

21 ‘‘(4) EXPEDITING ENTRY FOR PRIORITY VISI22 TORS.— 

23 ‘‘(A) IN GENERAL.—The Secretary of 

24 Homeland Security may expand the enrollment 

25 across registered traveler programs to include 


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1 eligible individuals employed by international 

2 organizations, selected by the Secretary, which 

3 maintain strong working relationships with the 

4 United States. 

5 ‘‘(B) REQUIREMENTS.—An individual may 

6 not be enrolled in a registered traveler program 

7 unless— 

8 ‘‘(i) the individual is sponsored by an 

9 international organization selected by the 

10 Secretary under subparagraph (A); and 

11 ‘‘(ii) the government that issued the 

12 passport that the individual is using has 

13 entered into a Trusted Traveler Arrange14 ment with the Department of Homeland 

15 Security to participate in a registered trav16 eler program. 

17 ‘‘(C) SECURITY REQUIREMENTS.—An indi18 vidual may not be enrolled in a registered trav19 eler program unless the individual has success20 fully completed all applicable security require21 ments established by the Secretary, including 

22 cooperation from the applicable foreign govern23 ment, to ensure that the individual does not 

24 pose a risk to the United States. 


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1 ‘‘(D) DISCRETION.—Except as provided in 

2 subparagraph (E), the Secretary shall retain 

3 unreviewable discretion to offer or revoke en4 rollment in a registered traveler program to any 

5 individual. 

6 ‘‘(E) INELIGIBLE TRAVELERS.—An indi7 vidual who is a citizen of a state sponsor of ter8 rorism (as defined in section 301(13) of the 

9 Comprehensive Iran Sanctions, Accountability, 

10 and Divestment Act of 2010 (22 U.S.C. 

11 8541(13)) may not be enrolled in a registered 

12 traveler program.’’. 

13 SEC. 4508. VISA PROCESSING. 

14 (a) IN GENERAL.—Notwithstanding any other provi15 sion of law and not later than 90 days after the date of 

16 the enactment of this Act, the Secretary of State shall— 

17 (1) require United States diplomatic and con18 sular missions— 

19 (A) to conduct visa interviews for non20 immigrant visa applications determined to re21 quire a consular interview in an expeditious 

22 manner, consistent with national security re23 quirements, and in recognition of resource allo24 cation considerations, such as the need to enVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00763 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 sure provision of consular services to citizens of 

2 the United States; 

3 (B) to set a goal of interviewing 80 percent 

4 of all nonimmigrant visa applicants, worldwide, 

5 within 3 weeks of receipt of application, subject 

6 to the conditions outlined in subparagraph (A); 

7 and 

8 (C) to explore expanding visa processing 

9 capacity in China and Brazil, with the goal of 

10 maintaining interview wait times under 15 work 

11 days on a consistent, year-round basis, recog12 nizing that demand can spike suddenly and un13 predictably and that the first priority of United 

14 States missions abroad is the protection of citi15 zens of the United States; and 

16 (2) submit to the appropriate committees of 

17 Congress a detailed strategic plan that describes the 

18 resources needed to carry out paragraph (1)(A). 

19 (b) APPROPRIATE COMMITTEES OF CONGRESS.—In 

20 this section, the term ‘‘appropriate committees of Con21 gress’’ means— 

22 (1) the Committee on the Judiciary, the Com23 mittee on Foreign Relations, and the Committee on 

24 Appropriations of the Senate; and 


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1 (2) the Committee on the Judiciary, the Com2 mittee on Foreign Affairs, and the Committee on 

3 Appropriations of the House of Representatives. 

4 (c) SEMI-ANNUAL REPORT.—Not later than 30 days 

5 after the end of the first 6 months after the implementa6 tion of subsection (a), and not later than 30 days after 

7 the end of each subsequent quarter, the Secretary of State 

8 shall submit to the appropriate committees of Congress 

9 a report that provides— 

10 (1) data substantiating the efforts of the Sec11 retary of State to meet the requirements and goals 

12 described in subsection (a); 

13 (2) any factors that have negatively impacted 

14 the efforts of the Secretary to meet such require15 ments and goals; and 

16 (3) any measures that the Secretary plans to 

17 implement to meet such requirements and goals. 

18 (d) SAVINGS PROVISION.— 

19 (1) IN GENERAL.—Nothing in subsection (a) 

20 may be construed to affect a consular officer’s au21 thority— 

22 (A) to deny a visa application under sec23 tion 221(g) of the Immigration and Nationality 

24 Act (8 U.S.C. 1201(g)); or 


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1 (B) to initiate any necessary or appro2 priate security-related check or clearance. 

3 (2) SECURITY CHECKS.—The completion of a 

4 security-related check or clearance shall not be sub5 ject to the time limits set out in subsection (a). 

6 Subtitle F—Reforms to the H–2B 

7 Visa Program 

8 SEC. 4601. EXTENSION OF RETURNING WORKER EXEMP9 TION TO H–2B NUMERICAL LIMITATION. 

10 (a) IN GENERAL.— 

11 (1) IN GENERAL.—Subparagraph (A) of para12 graph (10) of section 214(g) (8 U.S.C. 1184(g)), as 

13 redesignated by section 4101(a)(3), is amended by 

14 striking ‘‘fiscal year 2004, 2005, or 2006’’ and in15 serting ‘‘fiscal year 2013 shall not again be counted 

16 toward such limitation during fiscal years 2014 

17 through 2018.’’. 

18 (2) EFFECTIVE PERIOD.—The amendment 

19 made by paragraph (1) shall be effective during the 

20 period beginning on the effective date described in 

21 subsection (c) and ending on September 30, 2018. 

22 (b) TECHNICAL AND CLARIFYING AMENDMENTS.— 

23 (1) NONIMMIGRANT STATUS.—Section 

24 101(a)(15)(P) (8 U.S.C. 1101(a)(15)(P)) is amend25 ed— 


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1 (A) in clause (iii), by striking ‘‘or’’ at the 

2 end; 

3 (B) in clause (iv), by striking ‘‘clause (i), 

4 (ii), or (iii),’’ and inserting ‘‘clause (i), (ii), (iii), 

5 or (iv)’’; 

6 (C) by redesignating ‘‘clause (iv)’’ as 

7 ‘‘clause (v)’’; and 

8 (D) by inserting after ‘‘clause (iii)’’ the fol9 lowing new clause: 

10 ‘‘(iv) is a ski instructor seeking to 

11 enter the United States temporarily to per12 form instructing services; or’’. 

13 (2) AUTHORIZED PERIOD OF STAY; NUMERICAL

14 LIMITATION.—Section 214(a)(2)(B) (8 U.S.C. 

15 1184(a)(2)(B)) is amended in the second sentence— 

16 (A) by inserting ‘‘or ski instructors’’ after 

17 ‘‘athletes’’; and 

18 (B) by inserting ‘‘or ski instructor’’ after 

19 ‘‘athlete’’. 

20 (3) CONSTRUCTION.—Nothing in the amend21 ments made by this subsection may be construed as 

22 preventing an alien who is a ski instructor from ob23 taining nonimmigrant status under section 

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1 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) if such 

2 alien is otherwise qualified for such status. 

3 (c) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall take effect as if enacted on January 

5 1, 2013. 

6 SEC. 4602. OTHER REQUIREMENTS FOR H–2B EMPLOYERS. 

7 (a) IN GENERAL.—Section 214 (8 U.S.C. 1184), as 

8 amended by sections 3609, 4233, 4405, 4503, and 4504, 

9 is further amended by adding at the end the following: 

10 ‘‘(x) REQUIREMENTS FOR H–2B EMPLOYERS.— 

11 ‘‘(1) H–2B NONIMMIGRANT DEFINED.—In this 

12 subsection the term ‘H–2B nonimmigrant’ means an 

13 alien admitted to the United States pursuant to sec14 tion 101(a)(15)(H)(ii)(B). 

15 ‘‘(2) NON-DISPLACEMENT OF UNITED STATES

16 WORKERS.—An employer who seeks to employ an 

17 H–2B nonimmigrant admitted in an occupational 

18 classification shall certify and attest that the em19 ployer did not displace and will not displace a 

20 United States worker employed by the employer in 

21 the same metropolitan statistical area where such 

22 nonimmigrant will be hired within the period begin23 ning 90 days before the start date and ending on the 

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1 ices of such nonimmigrant as specified on an appli2 cation for labor certification under this Act. 

3 ‘‘(3) TRANSPORTATION COSTS.—The employer 

4 shall pay the transportation costs, including reason5 able subsistence costs during the period of travel, for 

6 an H–2B nonimmigrant hired by the employer— 

7 ‘‘(A) from the place of recruitment to the 

8 place of such nonimmigrant’s employment; and 

9 ‘‘(B) from the place of employment to such 

10 nonimmigrant’s place of permanent residence or 

11 a subsequent worksite. 

12 ‘‘(4) PAYMENT OF FEES.—A fee related to the 

13 hiring of an H-2B nonimmigrant required to be paid 

14 by an employer under this Act shall be paid by the 

15 employer and may not be deducted from the wages 

16 or other compensation paid to an H-2B non17 immigrant. 

18 ‘‘(5) H–2B NONIMMIGRANT LABOR CERTIFI19 CATION APPLICATION FEES.— 

20 ‘‘(A) IN GENERAL.—To recover costs of 

21 carrying out labor certification activities under 

22 the H-2B program, the Secretary of Labor shall 

23 impose a $500 fee on an employer that submits 

24 an application for an employment certification 

25 for aliens granted H–2B nonimmigrant status 


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1 to the Secretary of Labor under this subpara2 graph on or after the date that is 30 days after 

3 the date of enactment of the Border Security, 

4 Economic Opportunity, and Immigration Mod5 ernization Act.’’. 

6 ‘‘(B) USE OF FEES.—The fees collected 

7 under subparagraph (A) shall be deposited in 

8 the Comprehensive Immigration Reform Trust 

9 Fund established under section 6 of the Border 

10 Security, Economic Opportunity, and Immigra11 tion Modernization Act.’’. 

12 (b) EXECUTIVES AND MANAGERS.—Section 214 (8 

13 U.S.C. 1184) is amended as follows: 

14 (1) in subsection (a)(1), by adding at the end 

15 ‘‘Aliens admitted under section 101(a)(15) should 

16 include— 

17 ‘‘(A) executives and managers employed by a 

18 firm or corporation or other legal entity or an affil19 iate or subsidiary thereof who are principally sta20 tioned abroad and who seek to enter the United 

21 States for periods of 90 days or less to oversee and 

22 observe the United States operations of their related 

23 companies, and establish strategic objectives when 

24 needed; or 


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1 ‘‘(B) employees of multinational corporations 

2 who enter the United States to observe the oper3 ations of a related United States company and par4 ticipate in select leadership and development train5 ing activities, whether or not the activity is part of 

6 a formal or classroom training program for a period 

7 not to exceed 180 days. 

8 Nonimmigrant aliens admitted pursuant to section 

9 101(a)(15) and engaged in the activities described in 

10 the subparagraph (A) or (B) may not receive a sal11 ary from a United States source, except for inci12 dental expenses for meals, travel, lodging and other 

13 basic services.’’. 

14 (c) HONORARIA.—Section 212(q) (8 U.S.C. 1182(q)) 

15 is amended to read as follows: 

16 ‘‘(q)(1) Any alien admitted under section 

17 101(a)(15)(B) may accept an honorarium payment and 

18 associated incidental expenses, for a usual academic activ19 ity or activities (lasting not longer than 9 days at any sin20 gle institution), as defined by the Attorney General in con21 sultation with the Secretary of Education, or for a per22 formance, appearance and participation in United States 

23 based programming, including scripted or unscripted pro24 gramming (with services not rendered for more than 60 

25 days in a 6 month period) if the alien has received a letter 


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1 of invitation from the institution, organization, or media 

2 outlet, such payment is offered by an institution, organiza3 tion, or media outlet described in paragraph (2) and is 

4 made for services conducted for the benefit of that institu5 tion, entity or media outlet and if the alien has not accept6 ed such payment or expenses from more than 5 institu7 tions, organizations, or media outlets in the previous 6- 

8 month period. Any alien who is admitted under section 

9 101(a)(15)(B) or any other valid visa may perform serv10 ices under this section without reentering the United 

11 States and without a letter of invitation, if the alien does 

12 not receive any remuneration including an honorarium 

13 payment or incidental expenses, but may receive prize 

14 money. 

15 ‘‘(2) An institution, organization, or media outlet de16 scribed in this paragraph— 

17 ‘‘(A) an institution of higher education (as de18 fined in section 101(a) of the Higher Education Act 

19 of 1965 (20 U.S.C. 1001(a))) or a related or affili20 ated nonprofit entity; 

21 ‘‘(B) a nonprofit research organization or a 

22 Governmental research organization; and 

23 ‘‘(C) a broadcast network, cable entity, produc24 tion company, new media, internet and mobile based 


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1 companies, who create or distribute programming 

2 content.’’. 

3 SEC. 4603. NONIMMIGRANTS PARTICIPATING IN RELIEF OP4 ERATIONS. 

5 Section 214 (8 U.S.C. 1184), as amended by sections 

6 3609, 4233, 4405, 4503, 4504, and 4602, is further 

7 amended by adding at the end following: 

8 ‘‘(y) NONIMMIGRANTS PARTICIPATING IN RELIEF

9 OPERATIONS.— 

10 ‘‘(1) IN GENERAL.—An alien coming individ11 ually, or aliens coming as a group, to participate in 

12 relief operations, including critical infrastructure re13 pairs or improvements, needed in response to a Fed14 eral or State declared emergency or disaster, may be 

15 admitted to the United States pursuant to section 

16 101(a)(15)(B) for a period of not more than 90 days 

17 if each such alien has been employed in a foreign 

18 country by 1 employer for not less than 1 year prior 

19 to the date the alien is so admitted. 

20 ‘‘(2) PROHIBITION ON INCOME FROM A UNITED

21 STATES SOURCE.—During a period of admission 

22 pursuant to paragraph (1), an alien may not receive 

23 income from a United States source, except for inci24 dental expenses for meals, travel, lodging, and other 

25 basic services.’’. 


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1 SEC. 4604. NONIMMIGRANTS PERFORMING MAINTENANCE 

2 ON COMMON CARRIERS. 

3 Section 214 (8 U.S.C. 1184), as amended by sections 

4 3609, 4233, 4405, 4503, 4504, 4602, and 4603, is further 

5 amended by adding at the end following: 

6 ‘‘(z) NONIMMIGRANTS PERFORMING MAINTENANCE

7 ON COMMON CARRIER.— 

8 ‘‘(1) IN GENERAL.—An alien coming individ9 ually, or aliens coming as a group, who possess spe10 cialized knowledge to perform maintenance or re11 pairs for common carriers, including to airlines, 

12 cruise lines, and railways, if such maintenance or re13 pairs are occurring to equipment or machinery man14 ufactured outside of the United States and are need15 ed for purposes relating to life, health, and safety, 

16 may be admitted to the United States pursuant to 

17 section 101(a)(15)(B) for a period of not more than 

18 90 days if each such alien has been employed in a 

19 foreign country by 1 employer for not less than 1 

20 year prior to the date the alien is so admitted. 

21 ‘‘(2) PROHIBITION ON INCOME FROM A UNITED

22 STATES SOURCE.—During a period of admission 

23 pursuant to paragraph (1), an alien may not receive 

24 a income from a United States source, except for in25 cidental expenses for meals, travel, lodging, and 

26 other basic services. 


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1 ‘‘(3) FEE.— 

2 ‘‘(A) IN GENERAL.—An alien admitted 

3 pursuant to paragraph (1) shall pay a fee of 

4 $500. 

5 ‘‘(B) USE OF FEE.—The fees collected 

6 under subparagraph (A) shall be deposited in 

7 the Comprehensive Immigration Reform Trust 

8 Fund established under section 6 of the Border 

9 Security, Economic Opportunity, and Immigra10 tion Modernization Act’’. 

11 Subtitle G—W Nonimmigrant Visas 

12 SEC. 4701. BUREAU OF IMMIGRATION AND LABOR MARKET 

13 RESEARCH. 

14 (a) DEFINITIONS.—In this section: 

15 (1) BUREAU.—Except as otherwise specifically 

16 provided, the term ‘‘Bureau’’ means the Bureau of 

17 Immigration and Labor Market Research established 

18 under subsection (b). 

19 (2) COMMISSIONER.—The term ‘‘Commis20 sioner’’ means the Commissioner of the Bureau. 

21 (3) CONSTRUCTION OCCUPATION.—The term 

22 ‘‘construction occupation’’ means an occupation de23 fined by the Bureau of Labor Statistics as being 

24 within the construction industry for the purposes of 

25 publishing the Bureau’s workforce statistics. 


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1 (4) METROPOLITAN STATISTICAL AREA.—The 

2 term ‘‘metropolitan statistical area’’ means a geo3 graphic area designated as a metropolitan statistical 

4 area by the Director of the Office of Management 

5 and Budget. 

6 (5) SHORTAGE OCCUPATION.—The term ‘‘short7 age occupation’’ means an occupation that the Com8 missioner determines is experiencing a shortage of 

9 labor— 

10 (A) throughout the United States; or 

11 (B) in a specific metropolitan statistical 

12 area. 

13 (6) W VISA PROGRAM.—The term ‘‘W visa pro14 gram’’ means the program for the admission of non15 immigrant aliens described in subparagraph (W)(i) 

16 of section 101(a)(15) of the Immigration and Na17 tionality Act (8 U.S.C. 1101(a)(15)), as added by 

18 section 4702. 

19 (7) ZONE 1 OCCUPATION.—The term ‘‘zone 1 

20 occupation’’ means an occupation that requires little 

21 or no preparation and is classified as a zone 1 occu22 pation on— 

23 (A) the Occupational Information Network 

24 Database (O*NET) on the date of the enact25 ment of this Act; or 


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1 (B) such Database or a similar successor 

2 database, as designated by the Secretary of 

3 Labor, after the date of the enactment of this 

4 Act. 

5 (8) ZONE 2 OCCUPATION.—The term ‘‘zone 2 

6 occupation’’ means an occupation that requires some 

7 preparation and is classified as a zone 2 occupation 

8 on— 

9 (A) the Occupational Information Network 

10 Database (O*NET) on the date of the enact11 ment of this Act; or 

12 (B) such Database or a similar successor 

13 database, as designated by the Secretary of 

14 Labor, after the date of the enactment of this 

15 Act. 

16 (9) ZONE 3 OCCUPATION.—The term ‘‘zone 3 

17 occupation’’ means an occupation that requires me18 dium preparation and is classified as a zone 3 occu19 pation on— 

20 (A) the Occupational Information Network 

21 Database (O*NET) on the date of the enact22 ment of this Act; or 

23 (B) such Database or a similar successor 

24 database, as designated by the Secretary of 


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1 Labor, after the date of the enactment of this 

2 Act. 

3 (b) ESTABLISHMENT.—There is established a Bureau 

4 of Immigration and Labor Market Research as an inde5 pendent statistical agency within U.S. Citizenship and Im6 migration Services. 

7 (c) COMMISSIONER.—The head of the Bureau of Im8 migration and Labor Market Research is the Commis9 sioner, who shall be appointed by the President, by and 

10 with the advice and consent of the Senate. 

11 (d) DUTIES.—The duties of the Commissioner are 

12 limited to the following: 

13 (1) To devise a methodology subject to publica14 tion in the Federal Register and an opportunity for 

15 public comment to determine the annual change to 

16 the numerical limitation for nonimmigrant aliens de17 scribed in subparagraph (W)(i) of section 101(a)(15) 

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

19 1101(a)(15)), as added by section 4702. 

20 (2) To determine and to publish in the Federal 

21 Register the annual change to the numerical limita22 tion for nonimmigrant aliens described in subpara23 graph (W)(i) of section 101(a)(15) of the Immigra24 tion and Nationality Act (8 U.S.C. 1101(a)(15)), as 

25 added by section 4702. 


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1 (3) With respect to the W visa program, to sup2 plement the recruitment methods employers may use 

3 to attract such nonimmigrant aliens. 

4 (4) With respect to the W visa program, to de5 vise a methodology subject to publication in the Fed6 eral Register and an opportunity for public comment 

7 to designate shortage occupations in zone 1 occupa8 tions, zone 2 occupations, and zone 3 occupations. 

9 (5) With respect to the W visa program, to des10 ignate shortage occupations in any zone 1 occupa11 tion, zone 2 occupation, or zone 3 occupation and 

12 publish such occupations in the Federal Register. 

13 (6) With respect to the W visa program, to con14 duct a survey once every 3 months of the unemploy15 ment rate of zone 1 occupations, zone 2 occupations, 

16 or zone 3 occupations that are construction occupa17 tions in each metropolitan statistical area. 

18 (7) To study and report to Congress on employ19 ment-based immigrant and nonimmigrant visa pro20 grams in the United States and to make annual rec21 ommendations to improve such programs. 

22 (8) To carry out any functions required to 

23 carry out the duties described in paragraphs (1) 

24 through (7). 


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1 (e) DETERMINATION OF CHANGES TO NUMERICAL

2 LIMITATIONS.—The methodology required under sub3 section (d)(1) shall be published in the Federal Register 

4 not later than 18 months after the date of the enactment 

5 of this Act. 

6 (f) DESIGNATION OF SHORTAGE OCCUPATIONS.— 

7 (1) METHODS TO DETERMINE.—The Commis8 sioner shall— 

9 (A) establish the methodology to designate 

10 shortage occupations under subsection (d)(4); 

11 and 

12 (B) publish such methodology in the Fed13 eral Register not later than 18 months after the 

14 date of the enactment of this Act. 

15 (2) PETITION BY EMPLOYER.—The method16 ology established under paragraph (1) shall permit 

17 an employer to petition the Commissioner for a de18 termination that a particular occupation in a par19 ticular metropolitan statistical area is a shortage oc20 cupation. 

21 (3) REQUIREMENT FOR NOTICE AND COM22 MENT.—The methodology established under para23 graph (1) shall be effective only after publication in 

24 the Federal Register and an opportunity for public 

25 comment. 


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1 (g) EMPLOYEE EXPERTISE.—The employees of the 

2 Bureau shall have the expertise necessary to identify labor 

3 shortages in the United States and make recommenda4 tions to the Commissioner on the impact of immigrant and 

5 nonimmigrant aliens on labor markets in the United 

6 States, including expertise in economics, labor markets, 

7 demographics and methods of recruitment of United 

8 States workers. 

9 (h) INTERAGENCY COOPERATION.—At the request of 

10 the Commissioner, the Secretary of Commerce, the Direc11 tor of the Bureau of the Census, the Secretary of Labor, 

12 and the Commissioner of the Bureau of Labor Statistics 

13 shall— 

14 (1) provide data to the Commissioner; 

15 (2) conduct appropriate surveys; and 

16 (3) assist the Commissioner in preparing the 

17 recommendations referred to subsection (d)(5). 

18 (i) BUDGET.— 

19 (1) REPORT.—Not later than 1 year after the 

20 date of the enactment of this Act, the Director of 

21 U.S. Citizenship and Immigration Services shall sub22 mit to Congress a report of the estimated budget 

23 that the Bureau will need to carry out the duties de24 scribed in subsection (d). 


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1 (2) AUDIT.—The Comptroller General of the 

2 United States shall submit to Congress a report that 

3 is an audit of the budget prepared by the Director 

4 under paragraph (1). 

5 (j) FUNDING.— 

6 (1) APPROPRIATION OF FUNDS.—There is here7 by appropriated, out of any money in the Treasury 

8 not otherwise appropriated, $20,000,000 to establish 

9 the Bureau. 

10 (2) USE OF W NONIMMIGRANT FEES.—The 

11 amounts collected for fees under section 

12 220(e)(6)(B) of the Immigration and Nationality 

13 Act, as added by section 4703, shall be used to es14 tablish and fund the Bureau. 

15 (3) OTHER FEES.—The Secretary may establish 

16 other fees related to the hiring of alien workers and 

17 use such fees to fund the Bureau. 

18 SEC. 4702. NONIMMIGRANT CLASSIFICATION FOR W NON19 IMMIGRANTS. 

20 Section 101(a)(15)(W), as added by section 2211, is 

21 amended by inserting before clause (iii) the following: 

22 ‘‘(i) to perform services or labor for a 

23 registered employer in a registered position 

24 (as those terms are defined in section 


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1 220(a)) in accordance with the require2 ments under section 220; 

3 ‘‘(ii) to accompany or follow to join 

4 such an alien described in clause (i) as the 

5 spouse or child of such alien;’’. 

6 SEC. 4703. ADMISSION OF W NONIMMIGRANT WORKERS. 

7 (a) ADMISSION OF W NONIMMIGRANT WORKERS.— 

8 (1) IN GENERAL.—Title II (8 U.S.C. 1151 et 

9 seq.) is amended by adding at the end the following: 

10 ‘‘SEC. 220. ADMISSION OF W NONIMMIGRANT WORKERS. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) BUREAU.—The term ‘Bureau’ means the 

13 Bureau of Immigration and Labor Market Research 

14 established by section 4701 of the Border Security, 

15 Economic Opportunity, and Immigration Moderniza16 tion Act. 

17 ‘‘(2) CERTIFIED ALIEN.—The term ‘certified 

18 alien’ means an alien that the Secretary of State has 

19 certified is eligible to be a W nonimmigrant if the 

20 alien is hired by a registered employer for a reg21 istered position. 

22 ‘‘(3) COMMISSIONER.—The term ‘Commis23 sioner’ means the Commissioner of the Bureau. 

24 ‘‘(4) CONSTRUCTION OCCUPATION.—The term 

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1 fined by the Bureau of Labor Statistics as being 

2 within the construction industry for the purposes of 

3 publishing the Bureau’s workforce statistics. 

4 ‘‘(5) DEPARTMENT.—Except as otherwise pro5 vided, the term ‘Department’ means the Department 

6 of Homeland Security. 

7 ‘‘(6) ELIGIBLE OCCUPATION.—The term ‘eligi8 ble occupation’ means an eligible occupation de9 scribed in subsection (e)(3). 

10 ‘‘(7) EMPLOYER.— 

11 ‘‘(A) IN GENERAL.—The term ‘employer’ 

12 means any person or entity hiring an individual 

13 for employment in the United States. 

14 ‘‘(B) TREATMENT OF SINGLE EM15 PLOYER.—For purposes of determining the 

16 number of employees or United States workers 

17 employed by an employer, a single entity shall 

18 be treated as 1 employer. 

19 ‘‘(8) EXCLUDED GEOGRAPHIC LOCATION.—The 

20 term ‘excluded geographic location’ means an ex21 cluded geographic location described in subsection 

22 (f). 

23 ‘‘(9) METROPOLITAN STATISTICAL AREA.—The 

24 term ‘metropolitan statistical area’ means a geo25 graphic area designated as a metropolitan statistical 


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1 area by the Director of the Office of Management 

2 and Budget. 

3 ‘‘(10) REGISTERED EMPLOYER.—The term 

4 ‘registered employer’ means an employer that the 

5 Secretary has designated as a registered employer 

6 under subsection (d). 

7 ‘‘(11) SECRETARY.—Except as otherwise spe8 cifically provided, the term ‘Secretary’ means the 

9 Secretary of Homeland Security. 

10 ‘‘(12) SINGLE ENTITY.—The term ‘single enti11 ty’ means any group treated as a single employer 

12 under subsection (b), (c), (m), or (o) of section 414 

13 of the Internal Revenue Code of 1986. 

14 ‘‘(13) SHORTAGE OCCUPATION.—The term 

15 ‘shortage occupation’ means a shortage occupation 

16 designated by the Commissioner pursuant to section 

17 4701(d)(4) of the Border Security, Economic Oppor18 tunity, and Immigration Modernization Act. 

19 ‘‘(14) SMALL BUSINESS.—The term ‘small busi20 ness’ means an employer that employs 25 or fewer 

21 full-time equivalent employees. 

22 ‘‘(15) UNITED STATES WORKER.—The term 

23 ‘United States worker’ means an individual who is— 

24 ‘‘(A) employed or seeking employment in 

25 the United States; and 


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1 ‘‘(B)(i) a national of the United States; 

2 ‘‘(ii) an alien lawfully admitted for perma3 nent residence; 

4 ‘‘(iii) an alien in Registered Provisional 

5 Immigrant Status; or 

6 ‘‘(iv) any other alien authorized to work in 

7 the United States with no limitation as to the 

8 alien’s employer. 

9 ‘‘(16) W NONIMMIGRANT.—The term ‘W non10 immigrant’ means an alien admitted as a non11 immigrant pursuant to section 101(a)(15)(W)(i). 

12 ‘‘(17) W VISA PROGRAM.—The term ‘W visa 

13 program’ means the program for the admission of 

14 nonimmigrant aliens described in section 

15 101(a)(15)(W)(i). 

16 ‘‘(18) ZONE 1 OCCUPATION.—The term ‘zone 1 

17 occupation’ means an occupation that requires little 

18 or no preparation and is classified as a zone 1 occu19 pation on— 

20 ‘‘(A) the Occupational Information Net21 work Database (O*NET) on the date of the en22 actment of the Border Security, Economic Op23 portunity, and Immigration Modernization Act; 

24 or 


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1 ‘‘(B) such Database or a similar successor 

2 database, as designated by the Secretary of 

3 Labor, after the date of the enactment of the 

4 Border Security, Economic Opportunity, and 

5 Immigration Modernization Act. 

6 ‘‘(19) ZONE 2 OCCUPATION.—The term ‘zone 2 

7 occupation’ means an occupation that requires some 

8 preparation and is classified as a zone 2 occupation 

9 on— 

10 ‘‘(A) the Occupational Information Net11 work Database (O*NET) on the date of the en12 actment of the Border Security, Economic Op13 portunity, and Immigration Modernization Act; 

14 or 

15 ‘‘(B) such Database or a similar successor 

16 database, as designated by the Secretary of 

17 Labor, after the date of the enactment of the 

18 Border Security, Economic Opportunity, and 

19 Immigration Modernization Act. 

20 ‘‘(20) ZONE 3 OCCUPATION.—The term ‘zone 3 

21 occupation’ means an occupation that requires me22 dium preparation and is classified as a zone 3 occu23 pation on— 

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1 actment of the Border Security, Economic Op2 portunity, and Immigration Modernization Act; 

3 or 

4 ‘‘(B) such Database or a similar successor 

5 database, as designated by the Secretary of 

6 Labor, after the date of the enactment of the 

7 Border Security, Economic Opportunity, and 

8 Immigration Modernization Act. 

9 ‘‘(b) ADMISSION INTO THE UNITED STATES.— 

10 ‘‘(1) W NONIMMIGRANTS.—Subject to this sec11 tion, a certified alien is eligible to be admitted to the 

12 United States as a W nonimmigrant if the alien is 

13 hired by a registered employer for employment in a 

14 registered position in a location that is not an ex15 cluded geographic location. 

16 ‘‘(2) SPOUSE AND MINOR CHILDREN.—The 

17 alien spouse and minor children of a W non18 immigrant— 

19 ‘‘(A) may be admitted to the United States 

20 pursuant to clause (ii) of section 101(a)(15)(W) 

21 during the period of the principal W non22 immigrant’s admission; 

23 ‘‘(B) is authorized to engage in employ24 ment in the United States during such period 

25 of admission; and 


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1 ‘‘(C) shall be provided with employment 

2 authorization or other appropriate work permit. 

3 ‘‘(c) W NONIMMIGRANTS.— 

4 ‘‘(1) CERTIFIED ALIEN.— 

5 ‘‘(A) APPLICATION.—An alien seeking to 

6 be a W nonimmigrant shall apply to the Sec7 retary of State at a United States embassy or 

8 consulate in a foreign country to be a certified 

9 alien. 

10 ‘‘(B) CRITERIA.—An alien is eligible to be 

11 a certified alien if the alien— 

12 ‘‘(i) is not inadmissible under this 

13 Act; 

14 ‘‘(ii) passes a criminal background 

15 check; 

16 ‘‘(iii) agrees to accept only registered 

17 positions in the United States; and 

18 ‘‘(iv) meets other criteria as estab19 lished by the Secretary. 

20 ‘‘(2) W NONIMMIGRANT STATUS.—Only an alien 

21 that is a certified alien may be admitted to the 

22 United States as a W nonimmigrant. 

23 ‘‘(3) INITIAL EMPLOYMENT.—A W non24 immigrant shall report to such nonimmigrant’s ini25 tial employment in a registered position not later 


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1 than 14 days after such nonimmigrant is admitted 

2 to the United States. 

3 ‘‘(4) TERM OF ADMISSION.— 

4 ‘‘(A) INITIAL TERM.—A certified alien may 

5 be granted W nonimmigrant status for an ini6 tial period of 3 years. 

7 ‘‘(B) RENEWAL.—A W nonimmigrant may 

8 renew his or her status as a W nonimmigrant 

9 for additional 3-year periods. Such a renewal 

10 may be made while the W nonimmigrant is in 

11 the United States and shall not require the 

12 alien to depart the United States. 

13 ‘‘(5) PERIODS OF UNEMPLOYMENT.—A W non14 immigrant— 

15 ‘‘(A) may be unemployed for a period of 

16 not more than 60 consecutive days; and 

17 ‘‘(B) shall depart the United States if such 

18 W nonimmigrant is unable to obtain such em19 ployment during such period. 

20 ‘‘(6) TRAVEL.—A W nonimmigrant may travel 

21 outside the United States and be readmitted to the 

22 United States. Such travel may not extend the pe23 riod of authorized admission of such W non24 immigrant. 

25 ‘‘(d) REGISTERED EMPLOYER.— 


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1 ‘‘(1) APPLICATION.—An employer seeking to be 

2 a registered employer shall submit an application to 

3 the Secretary. Each such application shall include 

4 the following: 

5 ‘‘(A) Documentation to establish that the 

6 employer is a bona-fide employer. 

7 ‘‘(B) The employer’s Federal tax identi8 fication number or employer identification num9 ber registered with the Internal Revenue Serv10 ice. 

11 ‘‘(C) The number of W nonimmigrants the 

12 employer estimates it will seek to employ annu13 ally. 

14 ‘‘(2) REFERRAL FOR FRAUD INVESTIGATION.— 

15 The Secretary may refer an application submitted 

16 under paragraph (1) or subsection (e)(1)(A) to the 

17 Fraud Detection and National Security Directorate 

18 of U.S. Citizenship and Immigration Services if 

19 there is evidence of fraud for potential investigation. 

20 ‘‘(3) INELIGIBLE EMPLOYERS.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding any 

22 other applicable penalties under law, the Sec23 retary may deny an employer’s application to be 

24 a registered employer if the Secretary deter25 mines, after notice and an opportunity for a 


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•S 744 IS

1 hearing, that the employer submitting such ap2 plication— 

3 ‘‘(i) has, with respect to the applica4 tion required under paragraph (1), includ5 ing any attestations required by law— 

6 ‘‘(I) knowingly misrepresented a 

7 material fact; 

8 ‘‘(II) knowingly made a fraudu9 lent statement; or 

10 ‘‘(III) knowingly failed to comply 

11 with the terms of such attestations; or 

12 ‘‘(ii) failed to cooperate in the audit 

13 process in accordance with regulations pro14 mulgated by the Secretary; 

15 ‘‘(iii) has been convicted of an offense 

16 set out in chapter 77 of title 18, United 

17 States Code, or any conspiracy to commit 

18 such offenses, or any human trafficking of19 fense under State or territorial law; 

20 ‘‘(iv) has, within 2 years prior to the 

21 date of application— 

22 ‘‘(I) received a final adjudication 

23 of having committed any hazardous 

24 occupation orders violation resulting 

25 in injury or death under the child 


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1 labor provisions contained in section 

2 12 of the Fair Labor Standards Act 

3 of 1938 (29 U.S.C. 211) and any per4 tinent regulation; 

5 ‘‘(II) received a final adjudication 

6 assessing a civil money penalty for 

7 any repeated or willful violation of the 

8 minimum wage provisions of section 6 

9 of the Fair Labor Standards Act of 

10 1938 (29 U.S.C. 206); or 

11 ‘‘(III) received a final adjudica12 tion assessing a civil money penalty 

13 for any repeated or willful violation of 

14 the overtime provisions of section 7 of 

15 the Fair Labor Standards Act of 

16 1938 or any regulations thereunder, 

17 other than a repeated violation that is 

18 self-reported (29 U.S.C. 207); or 

19 ‘‘(v) has, within 2 years prior to the 

20 date of application, received a final adju21 dication for a willful violation or repeated 

22 serious violations involving injury or 

23 death— 


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1 ‘‘(I) of section 5 of the Occupa2 tional Safety and Health Act of 1970 

3 (29 U.S.C. 654); 

4 ‘‘(II) of any standard, rule, or 

5 order promulgated pursuant to section 

6 6 of the Occupational Safety and 

7 Health Act of 1970 (29 U.S.C. 655); 

8 or 

9 ‘‘(III) of a plan approved under 

10 section 18 of the Occupational Safety 

11 and Health Act of 1970 (29 U.S.C. 

12 667). 

13 ‘‘(B) LENGTH OF INELIGIBILITY.— 

14 ‘‘(i) TEMPORARY INELIGIBILITY.—An 

15 employer described in subparagraph (A) 

16 may be ineligible to be a registered em17 ployer for a period that is not less than the 

18 time period determined by the Secretary 

19 and not more than 3 years. 

20 ‘‘(ii) PERMANENT INELIGIBILITY.— 

21 An employer who has been convicted of 

22 any offense set out in chapter 77 of title 

23 18, United States Code, or any conspiracy 

24 to commit such offenses, or any human 

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1 torial law shall be permanently ineligible to 

2 be a registered employer. 

3 ‘‘(4) TERM OF REGISTRATION.—The Secretary 

4 shall approve applications meeting the criteria of 

5 this subsection for a term of 3 years. 

6 ‘‘(5) RENEWAL.—An employer may submit an 

7 application to renew the employer’s status as a reg8 istered employer for additional 3-year periods. 

9 ‘‘(6) FEE.—At the time an employer’s applica10 tion to be a registered employer or to renew such 

11 status is approved, such employer shall pay a fee in 

12 an amount determined by the Secretary to be suffi13 cient to cover the costs of the registry of such em14 ployers. 

15 ‘‘(7) CONTINUED ELIGIBILITY.—Each reg16 istered employer shall submit to the Secretary an 

17 annual report that demonstrates that the registered 

18 employer has provided the wages and working condi19 tions the registered employer agreed to provide to its 

20 employees. 

21 ‘‘(e) REGISTERED POSITIONS.— 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) APPLICATION.—Each registered em24 ployer shall submit to the Secretary an applica25 tion to designate a position for which the emVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00795 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 ployer is seeking a W nonimmigrant as a reg2 istered position. Each such application shall in3 clude a description of each such position. 

4 ‘‘(B) ATTESTATION.—An application sub5 mitted under subparagraph (A) shall include an 

6 attestation of the following: 

7 ‘‘(i) The number of employees of the 

8 employer. 

9 ‘‘(ii) The occupational category, as 

10 classified by the Secretary of Labor, for 

11 which the registered position is sought. 

12 ‘‘(iii) Whether the occupation for 

13 which the registered position is sought is a 

14 shortage occupation. 

15 ‘‘(iv) The wages to be paid to W non16 immigrants employed by the employer in 

17 the registered position, including a position 

18 in a shortage occupation, will be the great19 er of— 

20 ‘‘(I) the actual wage level paid by 

21 the employer to other employees with 

22 similar experience and qualifications 

23 for such position; or 

24 ‘‘(II) the prevailing wage level for 

25 the occupational classification of the 


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1 position in the metropolitan statistical 

2 area of the employment, based on the 

3 best information available as of the 

4 time of filing the application. 

5 ‘‘(v) The working conditions for W 

6 nonimmigrants will not adversely affect the 

7 working conditions of other workers em8 ployed in similar positions. 

9 ‘‘(vi) The employer has carried out 

10 the recruiting activities required by para11 graph (2)(B). 

12 ‘‘(vii) There is no qualified United 

13 States worker who has applied for the po14 sition and who is ready, willing, and able 

15 to fill such position pursuant to the re16 quirements in subparagraphs (B) and (C) 

17 of paragraph (2). 

18 ‘‘(viii) There is not a strike, lockout, 

19 or work stoppage in the course of a labor 

20 dispute in the occupation at the place of 

21 employment at which the W nonimmigrant 

22 will be employed. If such strike, lockout, or 

23 work stoppage occurs following submission 

24 of the application, the employer will proVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00797 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 vide notification in accordance with all ap2 plicable regulations. 

3 ‘‘(ix)(I) The employer has not laid off 

4 and will not layoff a United States worker 

5 during the period beginning 90 days prior 

6 to and ending 90 days after the date the 

7 employer files an application for designa8 tion of a position for which the W non9 immigrant is sought or hires such W non10 immigrant, unless the employer has noti11 fied such United States worker of the posi12 tion and documented the legitimate rea13 sons that such United States worker is not 

14 qualified or available for the position. 

15 ‘‘(II) A United States worker is not 

16 laid off for purposes of this subparagraph 

17 if, at the time such worker’s employment is 

18 terminated, such worker is not employed in 

19 the same occupation and in the same met20 ropolitan statistical area where the reg21 istered position referred to in subclause (I) 

22 is located. 

23 ‘‘(C) BEST INFORMATION AVAILABLE.—In 

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1 mation available’, with respect to determining 

2 the prevailing wage for a position, means— 

3 ‘‘(i) a controlling collective bargaining 

4 agreement or Federal contract wage, if ap5 plicable; 

6 ‘‘(ii) if there is no applicable wage 

7 under clause (i), the wage level commensu8 rate with the experience, training, and su9 pervision required for the job based on Bu10 reau of Labor Statistics data; or 

11 ‘‘(iii) if the data referred to in clause 

12 (ii) is not available, a legitimate and recent 

13 private survey of the wages paid for such 

14 positions in the metropolitan statistical 

15 area. 

16 ‘‘(D) PERMIT.—The Secretary shall pro17 vide each registered employer whose application 

18 submitted under subparagraph (A) is approved 

19 with a permit that includes the number and de20 scription of such employer’s approved registered 

21 positions. 

22 ‘‘(E) TERM OF REGISTRATION.—The ap23 proval of a registered position under subpara24 graph (A) is for a term that begins on the date 

25 of such approval and ends on the earlier of— 


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1 ‘‘(i) the date the employer’s status as 

2 a registered employer is terminated; 

3 ‘‘(ii) three years after the date of such 

4 approval; or 

5 ‘‘(iii) upon proper termination of the 

6 registered position by the employer. 

7 ‘‘(2) REQUIREMENTS.— 

8 ‘‘(A) ELIGIBLE OCCUPATION.—Each reg9 istered position shall be for a position in an eli10 gible occupation as described in paragraph (3). 

11 ‘‘(B) RECRUITMENT OF UNITED STATES

12 WORKERS.— 

13 ‘‘(i) REQUIREMENTS.—A position may 

14 not be a registered position unless the reg15 istered employer— 

16 ‘‘(I) advertises the position for a 

17 period of 30 days, including the wage 

18 range, location, and proposed start 

19 date— 

20 ‘‘(aa) on the Internet 

21 website maintained by the Sec22 retary of Labor for the purpose 

23 of such advertising; and 


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1 ‘‘(bb) with the workforce 

2 agency of the State where the po3 sition will be located; and 

4 ‘‘(II) carries out not less than 3 

5 of the recruiting activities described in 

6 subparagraph (C). 

7 ‘‘(ii) DURATION OF ADVERTISING.— 

8 The 30 day periods required by item (aa) 

9 of (bb) of clause (i)(I) may occur at the 

10 same time. 

11 ‘‘(C) RECRUITING ACTIVITIES.—The re12 cruiting activities described in this subpara13 graph, with respect to a position for which the 

14 employer is seeking a W nonimmigrant, shall 

15 consist of any combination of the following as 

16 defined by the Secretary of Homeland Security: 

17 ‘‘(i) Advertising such position at job 

18 fairs. 

19 ‘‘(ii) Advertising such position on the 

20 employer’s external website. 

21 ‘‘(iii) Advertising such position on job 

22 search Internet websites. 

23 ‘‘(iv) Advertising such position using 

24 presentations or postings at vocational, ca25 reer technical schools, community colleges, 


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1 high schools, or other educational or train2 ing sites. 

3 ‘‘(v) Posting such position with trade 

4 associations. 

5 ‘‘(vi) Utilizing a search firm to seek 

6 applicants for such position. 

7 ‘‘(vii) Advertising such position 

8 through recruitment programs with place9 ment offices at vocational schools, career 

10 technical schools, community colleges, high 

11 schools, or other educational or training 

12 sites. 

13 ‘‘(viii) Advertising such position 

14 through advertising or postings with local 

15 libraries, journals, or newspapers. 

16 ‘‘(ix) Seeking a candidate for such po17 sition through an employee referral pro18 gram with incentives. 

19 ‘‘(x) Advertising such position through 

20 advertising on radio or television. 

21 ‘‘(xi) Advertising such position 

22 through advertising, postings, or presen23 tations with newspapers, Internet websites, 

24 job fairs, or community events targeted to 


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1 constituencies designed to increase em2 ployee diversity. 

3 ‘‘(xii) Advertising such position 

4 through career day presentations at local 

5 high schools or community organizations. 

6 ‘‘(xiii) Providing in-house training. 

7 ‘‘(xiv) Providing third-party training. 

8 ‘‘(xv) Advertising such position 

9 through recruitment, educational, or other 

10 cooperative programs offered by the em11 ployer and a local economic development 

12 authority. 

13 ‘‘(xvi) Advertising such position twice 

14 in the Sunday ads in the primary daily cir15 culation newspaper in the area. 

16 ‘‘(xvii) Any other recruitment activi17 ties determined to be appropriate to be 

18 added by the Commissioner. 

19 ‘‘(3) ELIGIBLE OCCUPATION.— 

20 ‘‘(A) IN GENERAL.—An occupation is an 

21 eligible occupation if the occupation— 

22 ‘‘(i) is a zone 1 occupation, a zone 2 

23 occupation, or zone 3 occupation; and 

24 ‘‘(ii) is not an excluded occupation 

25 under subparagraph (B). 


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1 ‘‘(B) EXCLUDED OCCUPATIONS.— 

2 ‘‘(i) OCCUPATIONS REQUIRING COL3 LEGE DEGREES.—An occupation that is 

4 listed in the Occupational Outlook Hand5 book published by the Bureau of Labor 

6 Statistics (or similar successor publication) 

7 that is classified as requiring an individual 

8 with a bachelor’s degree or higher level of 

9 education may not be an eligible occupa10 tion. 

11 ‘‘(ii) COMPUTER OCCUPATIONS.—An 

12 occupation in the field of computer oper13 ation, computer programming, or computer 

14 repair may not be an eligible occupation. 

15 ‘‘(C) PUBLICATION.—The Secretary of 

16 Labor shall publish the eligible occupations, 

17 designated as zone 1 occupations, zone 2 occu18 pations, or zone 3 occupations, on an on-going 

19 basis on a publicly available website. 

20 ‘‘(4) FILLING OF VACANCIES.—If a W non21 immigrant terminates employment in a registered 

22 position or is terminated from such employment by 

23 the registered employer, such employer may fill that 

24 vacancy by hiring— 

25 ‘‘(A) a certified alien; 


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1 ‘‘(B) a W nonimmigrant; 

2 ‘‘(C) a United States worker; or 

3 ‘‘(D) an alien who is the beneficiary of a 

4 petition for a visa described in section 

5 203(b)(3). 

6 ‘‘(5) PERIOD OF APPROVAL.— 

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

8 subparagraph (B), a registered position shall be 

9 approved by the Secretary for a period of 3 

10 years. 

11 ‘‘(B) INTENDING IMMIGRANTS.— 

12 ‘‘(i) EXTENSION OF PERIOD.—A reg13 istered position shall continue to be a reg14 istered position at the end of the 3-year 

15 period referred to in subparagraph (A) if 

16 the W nonimmigrant hired for such posi17 tion is the beneficiary of a petition for im18 migrant status filed by the registered em19 ployer pursuant to this Act. 

20 ‘‘(ii) TERMINATION OF PERIOD.—The 

21 term of a registration position extended 

22 under clause (i) shall terminate on the 

23 date that is the earlier of— 

24 ‘‘(I) the date the petition referred 

25 to in clause (i) for a W nonimmigrant 


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1 is approved or denied by the Sec2 retary; or 

3 ‘‘(II) the date of the termination 

4 of such W nonimmigrant’s employ5 ment with the registered employer. 

6 ‘‘(6) FEES.— 

7 ‘‘(A) REGISTRATION FEE.— 

8 ‘‘(i) IN GENERAL.—At the time a reg9 istered position is approved for a registered 

10 employer, such employer shall pay a reg11 istration fee in an amount determined by 

12 the Secretary. 

13 ‘‘(ii) USE OF FEE.—A fee collected 

14 under clause (i) shall be used to fund any 

15 aspect of the operation of the W visa pro16 gram. 

17 ‘‘(B) ADDITIONAL FEE.— 

18 ‘‘(i) IN GENERAL.—In addition to the 

19 fee required by subparagraph (A), a reg20 istered employer shall pay an additional fee 

21 for each approved registered position as 

22 follows: 

23 ‘‘(I) A fee of $1,750 for the reg24 istered position if the registered em25 ployer is a small business and more 


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1 than 50 percent and less than 75 per2 cent of the employees of the registered 

3 employees are not United States 

4 workers. 

5 ‘‘(II) A fee of $3,500 for the reg6 istered position if the registered em7 ployer is a small business and more 

8 than 75 percent of the employees of 

9 the registered employees are not 

10 United States workers. 

11 ‘‘(III) A fee of $3,500 for the 

12 registered position if the registered 

13 employer is not a small business and 

14 more than 15 percent and less than 

15 30 percent of the employees of the 

16 registered employees are not United 

17 States workers. 

18 ‘‘(ii) USE OF FEE.—A fee collected 

19 under clause (i) shall be used to fund the 

20 operations of the Bureau. 

21 ‘‘(C) PROHIBITION ON OTHER FEES.—A 

22 registered employer may not be required to pay 

23 an additional fee under subparagraph (B) if the 

24 registered employer is a small business. 


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1 ‘‘(7) PROHIBITION ON REGISTERED POSITIONS

2 FOR CERTAIN EMPLOYERS.—The Secretary may not 

3 approve an application for a registered position for 

4 an employer if the employer is not a small business 

5 and 30 percent or more of the employees of the em6 ployer are not United States workers. 

7 ‘‘(f) EXCLUDED GEOGRAPHIC LOCATION.—No W 

8 nonimmigrant may be hired by a registered employer for 

9 an eligible occupation located in a metropolitan statistical 

10 area that has an unemployment rate that is more than 

8 1 11 ⁄2 percent as reported in the most recent month pre12 ceding the date that the application is submitted to the 

13 Secretary unless— 

14 ‘‘(1) the Commissioner has identified the eligi15 ble occupation as a shortage occupation; or 

16 ‘‘(2) the Secretary approves the registered posi17 tion under subsection (g)(4). 

18 ‘‘(g) NUMERICAL LIMITATION.— 

19 ‘‘(1) REGISTERED POSITIONS.— 

20 ‘‘(A) IN GENERAL.—Subject to paragraphs 

21 (3) and (4), the maximum number of registered 

22 positions that may be approved by the Sec23 retary for a year is as follows: 

24 ‘‘(i) For the first year aliens are ad25 mitted as W nonimmigrants, 20,000. 


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1 ‘‘(ii) For the second such year, 

2 35,000. 

3 ‘‘(iii) For the third such year, 55,000. 

4 ‘‘(iv) For the fourth such year, 

5 75,000. 

6 ‘‘(v) For each year after the fourth 

7 such year, the level calculated for that year 

8 under paragraph (2). 

9 ‘‘(B) DATES.—The first year referred to in 

10 subparagraph (A)(i) shall begin on April 1, 

11 2015 and end on March 31, 2016, unless the 

12 Secretary determines that such first year shall 

13 begin on October 1, 2015 and end on Sep14 tember 30, 2016. 

15 ‘‘(2) YEARS AFTER YEAR 4.— 

16 ‘‘(A) CURRENT YEAR AND PRECEDING

17 YEAR.—In this paragraph— 

18 ‘‘(i) the term ‘current year’ shall refer 

19 to the 12-month period for which the cal20 culation of the numerical limits under this 

21 paragraph is being performed; and 

22 ‘‘(ii) the term ‘preceding year’ shall 

23 refer to the 12-month period immediately 

24 preceding the current year. 


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1 ‘‘(B) NUMERICAL LIMITATION.—Subject to 

2 subparagraph (D), the number of registered po3 sitions that may be approved by the Secretary 

4 for a year after the fourth year referred to in 

5 paragraph (1)(A)(iv) shall be equal to the sum 

6 of— 

7 ‘‘(i) the number of such registered po8 sitions available under this paragraph for 

9 the preceding year; and 

10 ‘‘(ii) the product of— 

11 ‘‘(I) the number of such reg12 istered positions available under this 

13 paragraph for the preceding year; 

14 multiplied by 

15 ‘‘(II) the index for the current 

16 year calculated under subparagraph 

17 (C). 

18 ‘‘(C) INDEX.—The index calculated under 

19 this subparagraph for a current year equals 1 

20 plus the sum of— 

21 ‘‘(i) one-fifth of a fraction— 

22 ‘‘(I) the numerator of which is 

23 the number of registered positions 

24 that registered employers applied to 

25 have approved under subsection (e)(1) 


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1 for the preceding year minus the 

2 number of registered positions ap3 proved under subsection (e) for the 

4 preceding year; and 

5 ‘‘(II) the denominator of which is 

6 the number of registered positions ap7 proved under subsection (e) for the 

8 preceding year; 

9 ‘‘(ii) one-fifth of a fraction— 

10 ‘‘(I) the numerator of which is 

11 the number of registered positions the 

12 Commissioner recommends be avail13 able under this subparagraph for the 

14 current year minus the number of 

15 registered positions available under 

16 this subsection for the preceding year; 

17 and 

18 ‘‘(II) the denominator of which is 

19 the number of registered positions 

20 available under this subsection for the 

21 preceding year; 

22 ‘‘(iii) three-tenths of a fraction— 

23 ‘‘(I) the numerator of which is 

24 the number of unemployed United 

25 States workers for the preceding year 


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1 minus the number of unemployed 

2 United States workers for the current 

3 year; and 

4 ‘‘(II) the denominator of which is 

5 the number of unemployed United 

6 States workers for the preceding year; 

7 and 

8 ‘‘(iv) three-tenths of a fraction— 

9 ‘‘(I) the numerator of which is 

10 the number of job openings as set out 

11 in the Job Openings and Labor Turn12 over Survey of the Bureau of Labor 

13 Statistics for the current year minus 

14 such number of job openings for the 

15 preceding year; and 

16 ‘‘(II) the denominator of which is 

17 the number of such job openings for 

18 the preceding year; 

19 ‘‘(D) MINIMUM AND MAXIMUM LEVELS.— 

20 The number of registered positions calculated 

21 under subparagraph (B) for a 12-month period 

22 may not be less than 20,000 or more than 

23 200,000. 

24 ‘‘(3) ADDITIONAL REGISTERED POSITIONS FOR

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1 ber of registered positions made available for a year 

2 under paragraph (1), the Secretary shall make avail3 able for a year an additional number of registered 

4 positions for shortage occupations in a particular 

5 metropolitan statistical area. 

6 ‘‘(4) SPECIAL ALLOCATIONS OF REGISTERED

7 POSITIONS.— 

8 ‘‘(A) AUTHORITY TO MAKE AVAILABLE.— 

9 In addition to the number of registered posi10 tions made available for a year under para11 graph (1) or (3), the Secretary shall make addi12 tional registered positions available for the year 

13 for a specific registered employer if— 

14 ‘‘(i)(I) the maximum number of reg15 istered positions available under paragraph 

16 (1) have been approved for the year and 

17 none remain available for allocation; or 

18 ‘‘(II) such registered employer is lo19 cated in a metropolitan statistical area 

20 that has an unemployment rate that is 

more than 8 1 21 ⁄2 percent as reported in the 

22 most recent month preceding the date that 

23 the application is submitted to the Sec24 retary; and 


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1 ‘‘(ii) such registered employer has car2 ried out not less than 7 of the recruiting 

3 activities described in subsection (e)(2)(C) 

4 and posts the position, including the wage 

5 range, location, and initial date of employ6 ment, for not less than 30 days— 

7 ‘‘(I) on the Internet website 

8 maintained by the Secretary of Labor 

9 for the purpose of such advertising; 

10 and 

11 ‘‘(II) with the workforce agency 

12 of the State where the position will be 

13 located. 

14 ‘‘(B) DURATION OF POSTING.—The 30 day 

15 periods required by subclauses (I) or (II) of 

16 subparagraph (A)(iii) may occur at the same 

17 time. 

18 ‘‘(C) WAGES.—A W nonimmigrant hired 

19 to perform an eligible occupation pursuant to a 

20 registered position made available under this 

21 paragraph may not be paid less than the great22 er of— 

23 ‘‘(i) the level 4 wage set out in the 

24 Foreign Labor Certification Data Center 

25 Online Wage Library (or similar successor 


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1 website) maintained by the Secretary of 

2 Labor for such occupation in that metro3 politan statistical area; or 

4 ‘‘(ii) the mean of the highest two5 thirds of wages surveyed for such occupa6 tion in that metropolitan statistical area. 

7 ‘‘(D) REDUCTION OF FUTURE REGISTERED

8 POSITIONS.—Each registered position made 

9 available for a year under this paragraph shall 

10 reduce by 1 the number of registered positions 

11 made available under paragraph (g)(1) for the 

12 following year or the earliest possible year for 

13 which a registered position is available. The 

14 limitation contained in paragraph (h)(4) shall 

15 not be reduced by any registered position made 

16 available under this paragraph. 

17 ‘‘(5) OTHER CONSIDERATION.—In no event 

18 shall the number of visas issued under section 

19 101(a)(15)(W)(i) exceed the number of registered 

20 positions in existence. 

21 ‘‘(h) ALLOCATION OF REGISTERED POSITIONS.— 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) FIRST 6-MONTH PERIOD.—The num24 ber of registered positions available for the 6- 

25 month period beginning on the first day of a 


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1 year is 50 percent of the maximum number of 

2 registered positions available for such year 

3 under subsection (g)(1). Such registered posi4 tions shall be allocated as described in this sub5 section. 

6 ‘‘(B) SECOND 6-MONTH PERIOD.—The 

7 number of registered positions available for the 

8 6-month period ending on the last day of a year 

9 is the maximum number of registered positions 

10 available for such year under subsection (g)(1) 

11 minus the number of registered positions ap12 proved during the 6-month period referred to in 

13 subsection (A). Such registered positions shall 

14 be allocated as described in this subsection. 

15 ‘‘(2) SHORTAGE OCCUPATIONS.— 

16 ‘‘(A) IN GENERAL.—For the first month of 

17 each 6-month period referred to in subpara18 graph (A) or (B) of paragraph (1) a registered 

19 position may not be created in an occupation 

20 that is not a shortage occupation. 

21 ‘‘(B) INITIAL DESIGNATIONS.—Subpara22 graph (A) shall not apply in any period for 

23 which the Commissioner has not designated any 

24 shortage occupations. 


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1 ‘‘(3) SMALL BUSINESSES.—During the second, 

2 third, and fourth months of each 6-month period re3 ferred to in subparagraph (A) or (B) of paragraph 

4 (1), one-third of the number of registered positions 

5 allocated for such period shall be approved only for 

6 a registered employer that is a small business. Any 

7 such registered positions not approved for such 

8 small businesses during such months shall be avail9 able for any registered employer during the last 2 

10 months of each such 6-month period. 

11 ‘‘(4) MEAT, POULTRY, AND FISH CUTTERS AND

12 TRIMMERS.—In addition to the number of registered 

13 positions made available for a year under paragraph 

14 (1) or (3) of such section (g), the Secretary shall 

15 make additional registered positions available for the 

16 year for occupations designated by the Secretary of 

17 Labor as Meat, Poultry, and Fish Cutters and Trim18 mers. The numerical limitation for such additional 

19 registered positions shall be no more than 10 per20 cent of the annual numerical limitation provided for 

21 in such paragraph (1). 

22 ‘‘(5) LIMITATION FOR CONSTRUCTION OCCUPA23 TIONS.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), not more than 33 percent of the regVerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00817 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744

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1 istered positions made available under sub2 section (g)(1) for a year may be granted to per3 form work in a construction occupation. 

4 ‘‘(B) MAXIMUM LEVEL.—Notwithstanding 

5 subparagraph (A), the number of registered po6 sitions granted to perform work in a construc7 tion occupation under subsection (g)(1) may 

8 not exceed 15,000 for a year and 7,500 for any 

9 6-month period. 

10 ‘‘(C) PROHIBITION FOR OCCUPATIONS

11 WITH HIGH UNEMPLOYMENT.— 

12 ‘‘(i) IN GENERAL.—A registered em13 ployer may not hire a certified alien for a 

14 registered position to perform work in a 

15 construction occupation if the unemploy16 ment rate for construction occupations in 

17 the corresponding occupational job zone in 

18 that metropolitan statistical area was more 

than 81 19 ⁄2 percent. 

20 ‘‘(ii) DETERMINATION OF UNEMPLOY21 MENT RATE.—The unemployment rate 

22 used in clause (i) shall be determined— 

23 ‘‘(I) using the most recent survey 

24 taken by the Bureau; or 


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1 ‘‘(II) if a survey referred to in 

2 subclause (I) is not available, a recent 

3 and legitimate private survey. 

4 ‘‘(i) PORTABILITY.—A W nonimmigrant who is ad5 mitted to the United States for employment by a reg6 istered employer may— 

7 ‘‘(1) terminate such employment for any rea8 son; and 

9 ‘‘(2) seek and accept employment with another 

10 registered employer in any other registered position 

11 within the terms and conditions of the W non12 immigrants visa. 

13 ‘‘(j) PROMOTION.—A registered employer who has 

14 applied for a registered position in a shortage occupation 

15 may promote the W nonimmigrant hired for that reg16 istered position to a registered position in an occupation 

17 that is not a shortage occupation if the W nonimmigrant 

18 has been employed with that employer for a period of not 

19 less than 12 months. Such a promotion shall not increase 

20 the total number of registered positions available to that 

21 employer. 

22 ‘‘(k) PROHIBITION ON OUTPLACEMENT.—A reg23 istered employer may not place, outsource, lease, or other24 wise contract for the services or placement of a W non25 immigrant employee with another employer if more than 


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1 15 percent of the employees of the registered employer are 

2 W nonimmigrants. 

3 ‘‘(l) W NONIMMIGRANT PROTECTIONS.— 

4 ‘‘(1) APPLICABILITY OF LAWS.—A W non5 immigrant shall not be denied any right or any rem6 edy under Federal, State, or local labor or employ7 ment law that would be applicable to a United 

8 States worker employed in a similar position with 

9 the employer because of the alien’s status as a non10 immigrant worker. 

11 ‘‘(2) WAIVER OF RIGHTS PROHIBITED.— 

12 ‘‘(A) IN GENERAL.—A W nonimmigrant 

13 may not be required to waive any substantive 

14 rights or protections under this Act. 

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

16 paragraph may be construed to affect the inter17 pretation of any other law. 

18 ‘‘(3) PROHIBITION ON TREATMENT AS INDE19 PENDENT CONTRACTORS.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding any 

21 other provision of law— 

22 ‘‘(i) a W nonimmigrant is prohibited 

23 from being treated as an independent con24 tractor under any Federal or State law; 

25 and 


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1 ‘‘(ii) no person, including an employer 

2 or labor contractor and any persons who 

3 are affiliated with or contract with an em4 ployer or labor contractor, may treat a W 

5 nonimmigrant as an independent con6 tractor. 

7 ‘‘(B) CONSTRUCTION.—Subparagraph (A) 

8 may not be construed to prevent registered em9 ployers who operate as independent contractors 

10 from employing W nonimmigrants. 

11 ‘‘(4) PAYMENT OF FEES.— 

12 ‘‘(A) IN GENERAL.—A fee related to the 

13 hiring of a W nonimmigrant required to be paid 

14 by an employer under this Act shall be paid by 

15 the employer and may not be deducted from the 

16 wages or other compensation paid to a W non17 immigrant. 

18 ‘‘(B) EXCLUDED COSTS.—The cost of 

19 round trip transportation from a certified 

20 alien’s home to the location of a registered posi21 tion and the cost of obtaining a foreign pass22 port are not fees required to be paid by the em23 ployer. 

24 ‘‘(5) TAX RESPONSIBILITIES.—An employer 

25 shall comply with all applicable Federal, State, and 


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1 local tax laws with respect to each W nonimmigrant 

2 employed by the employer. 

3 ‘‘(6) WHISTLEBLOWER PROTECTION.— 

4 ‘‘(A) PROHIBITED ACTIVITIES.—It shall be 

5 unlawful for an employer of a W nonimmigrant 

6 to intimidate, threaten, restrain, coerce, retali7 ate, discharge, or in any other manner, dis8 criminate against an employee or former em9 ployee because the employee or former em10 ployee— 

11 ‘‘(i) discloses information to the em12 ployer or any other person that the em13 ployee or former employee reasonably be14 lieves demonstrates a violation of this sec15 tion; or 

16 ‘‘(ii) cooperates or seeks to cooperate 

17 in an investigation or other proceeding 

18 concerning compliance with the require19 ments of this section. 

20 ‘‘(m) COMPLAINT PROCESS.—The Secretary shall es21 tablish a process for the receipt, investigation, and disposi22 tion of complaints with respect to— 

23 ‘‘(1) the failure of a registered employer to 

24 meet a condition of this section; or 


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1 ‘‘(2) the lay off or non-hiring of a United 

2 States worker as required by this section. 

3 ‘‘(n) ENFORCEMENT.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall pro5 mulgate regulations for the receipt, investigation, 

6 and disposition of complaints by an aggrieved W 

7 nonimmigrant respecting a violation of this section. 

8 ‘‘(2) FILING DEADLINE.—No investigation or 

9 hearing shall be conducted on a complaint con10 cerning a violation under this section unless the 

11 complaint was filed not later than 6 months after 

12 the date of such violation. 

13 ‘‘(3) REASONABLE BASIS.—The Secretary shall 

14 conduct an investigation under this subsection if 

15 there is reasonable basis to believe that a violation 

16 of this section has occurred. The process established 

17 under this subsection shall provide that, not later 

18 than 30 days after a complaint is filed, the Sec19 retary shall determine if there is reasonable cause to 

20 find such a violation. 

21 ‘‘(4) NOTICE AND HEARING.— 

22 ‘‘(A) IN GENERAL.—Not later than 60 

23 days after the Secretary makes a determination 

24 of reasonable basis under paragraph (3), the 

25 Secretary shall issue a notice to the interested 


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1 parties and offer an opportunity for a hearing 

2 on the complaint, in accordance with section 

3 556 of title 5, United States Code. 

4 ‘‘(B) HEARING DEADLINE.—Not later than 

5 60 days after the date of a hearing under this 

6 paragraph, the Secretary shall make a finding 

7 on the matter. 

8 ‘‘(5) ATTORNEY’S FEES.— 

9 ‘‘(A) AWARD.—A complainant who prevails 

10 in an action under this subsection with respect 

11 to a claim related to wages or compensation for 

12 employment, or a claim for a violation of sub13 section (l) or (m), shall be entitled to an award 

14 of reasonable attorney’s fees and costs. 

15 ‘‘(B) FRIVOLOUS COMPLAINTS.—A com16 plainant who files a frivolous complaint for an 

17 improper purpose under this subsection shall be 

18 liable for the reasonable attorney’s fees and 

19 costs of the person named in the complaint. 

20 ‘‘(6) POWER OF THE SECRETARY.—The Sec21 retary may bring an action in any court of com22 petent jurisdiction— 

23 ‘‘(A) to seek remedial action, including in24 junctive relief; 


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1 ‘‘(B) to recover the damages described in 

2 this subsection and subsection (o); or 

3 ‘‘(C) to ensure compliance with terms and 

4 conditions described in subsection (l)(6). 

5 ‘‘(7) PROCEDURES IN ADDITION TO OTHER

6 RIGHTS OF EMPLOYEES.—The rights and remedies 

7 provided to W nonimmigrants under this section are 

8 in addition to any other contractual or statutory 

9 rights and remedies of the workers, and are not in10 tended to alter or affect such rights and remedies. 

11 ‘‘(o) PENALTIES.— 

12 ‘‘(1) IN GENERAL.—If, after notice and an op13 portunity for a hearing, the Secretary finds a viola14 tion of this section, the Secretary may impose ad15 ministrative remedies and penalties, including— 

16 ‘‘(A) back wages; 

17 ‘‘(B) benefits; and 

18 ‘‘(C) civil monetary penalties. 

19 ‘‘(2) CIVIL PENALTIES.—The Secretary may 

20 impose, as a civil penalty— 

21 ‘‘(A) for a violation of this subsection— 

22 ‘‘(i) a fine in an amount not more 

23 than $2,000 per violation per affected 

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1 fected worker for each subsequent viola2 tion; 

3 ‘‘(ii) if the violation was willful, a fine 

4 in an amount not more than $5,000 per 

5 violation per affected worker; 

6 ‘‘(iii) if the violation was willful and if 

7 in the course of such violation a United 

8 States worker was harmed, a fine in an 

9 amount not more than $25,000 per viola10 tion per affected worker; or 

11 ‘‘(B) for knowingly failing to materially 

12 comply with the terms of representations made 

13 in petitions, applications, certifications, or at14 testations under this section— 

15 ‘‘(i) a fine in an amount not more 

16 than $4,000 per aggrieved worker; and 

17 ‘‘(ii) upon the occasion of a third of18 fense of failure to comply with representa19 tions, a fine in an amount not to exceed 

20 $5,000 per affected worker and designa21 tion as an ineligible employer, recruiter, or 

22 broker for purposes of any immigrant or 

23 nonimmigrant program. 

24 ‘‘(3) CRIMINAL PENALTY.—Any person who 

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1 ployees of an employer or the number of employees 

2 of a person who are United States workers for the 

3 purpose of reducing a fee under subsection (e)(6) or 

4 avoiding the limitation in subsection (e)(7), shall be 

5 fined in accordance with title 18, United States 

6 Code, in an amount up to $25,000 or imprisoned 

7 not more than 1 year, or both. 

8 ‘‘(p) MONITORING.— 

9 ‘‘(1) REQUIREMENT TO MONITOR.—The Sec10 retary shall monitor the movement of W non11 immigrants in registered positions through— 

12 ‘‘(A) the Employment Verification System 

13 described in section 274A(d); and 

14 ‘‘(B) the electronic monitoring system de15 scribed in paragraph (2). 

16 ‘‘(2) ELECTRONIC MONITORING SYSTEM.—The 

17 Secretary, through U.S. Citizenship and Immigra18 tion Services, shall implement an electronic moni19 toring system to monitor presence and employment 

20 of W nonimmigrants. Such system shall be modeled 

21 on the Student and Exchange Visitor Information 

22 System (SEVIS) and SEVIS II tracking system of 

23 U.S. Immigration and Customs Enforcement.’’. 

24 (2) TABLE OF CONTENTS AMENDMENT.—The 

25 table of contents in the first section (8 U.S.C. 1101 


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1 et seq.) is amended by adding after the item relating 

2 to section 219 the following: 

‘‘Sec. 220. Admission of W nonimmigrant workers.’’. 

3 (b) INTENTION TO ABANDON FOREIGN RESI4 DENCE.—Section 214(h) (8 U.S.C. 1184(h)) is amended 

5 by striking ‘‘or (V)’’ and inserting ‘‘(V), or (W)’’. 

6 Subtitle H—Investing in New Ven7 ture, Entrepreneurial Startups, 

8 and Technologies 

9 SEC. 4801. NONIMMIGRANT INVEST VISAS. 

10 (a) INVEST NONIMMIGRANT CATEGORY.—Section 

11 101(a)(15) (8 U.S.C. 1101(a)(15)), as amended by sec12 tions 2231, 4504, and 4702, is further amended by insert13 ing after the material added by section 2231, the fol14 lowing: 

15 ‘‘(X) subject to the definitions in section 

16 203(b)(6), is a qualified entrepreneur who has 

17 demonstrated, during the 3-year period ending 

18 on the date on which the alien filed an initial 

19 petition for nonimmigrant status described in 

20 this clause that— 

21 ‘‘(i) a qualified venture capitalist, a 

22 qualified super angel investor, a qualified 

23 government entity, a qualified community 

24 development financial institution, or such 

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1 mined by the Secretary, has devoted a 

2 qualified investment of not less than 

3 $100,000 to the alien’s United States busi4 ness entity; or 

5 ‘‘(ii) the alien’s United States busi6 ness entity has created no fewer than 3 

7 qualified jobs and during the 2-year period 

8 ending on such date has generated not less 

9 than $250,000 in annual revenue in the 

10 United States.’’. 

11 (b) ADMISSION OF INVEST NONIMMIGRANTS.—Sec12 tion 214 (8 U.S.C. 1184) is amended by adding at the 

13 end the following: 

14 ‘‘(s) INVEST NONIMMIGRANT VISAS.— 

15 ‘‘(1) DEFINITIONS.—The definitions in section 

16 203(b)(6)(A) apply in this subsection. 

17 ‘‘(2) INITIAL PERIOD OF AUTHORIZED ADMIS18 SION.—The period of authorized status as a non19 immigrant described in section 101(a)(15)(X) shall 

20 be for an initial 3-year period. 

21 ‘‘(3) RENEWAL OF ADMISSION.—Subject to 

22 paragraph (4), the initial period of authorized non23 immigrant status described in paragraph (2) may be 

24 renewed for additional 3-year periods if during the 


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1 most recent 3-year period that the alien was granted 

2 such status— 

3 ‘‘(A) the alien’s United States business en4 tity has created no fewer than 3 qualified jobs 

5 and a qualified venture capitalist, a qualified 

6 super angel investor, a qualified government en7 tity, a qualified community development finan8 cial institution, or such other entity or set of in9 vestors as determined by the Secretary, has de10 voted a qualified investment of not less than 

11 $250,000 to the alien’s United States business 

12 entity; or 

13 ‘‘(B) the alien’s United States business en14 tity has created no fewer than 3 qualified jobs 

15 and, during the 2 year period ending on the 

16 date that the alien petitioned for an extension, 

17 has generated not less than $200,000 in annual 

18 revenue within the United States. 

19 ‘‘(4) WAIVER OF RENEWAL REQUIREMENTS.— 

20 The Secretary may renew an alien’s status as a non21 immigrant described in section 101(a)(15)(X) for up 

22 to two 1-year periods if the alien— 

23 ‘‘(A) does not meet the criteria of para24 graph (3); and 


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1 ‘‘(B) meets the criteria established by the 

2 Secretary, in consultation with the Secretary of 

3 Commerce, for approving renewals under this 

4 subclause which shall include finding that— 

5 ‘‘(i) the alien has made substantial 

6 progress in meeting such criteria; and 

7 ‘‘(ii) such renewal that is economically 

8 beneficial to the United States. 

9 ‘‘(5) ATTESTATION.—The Secretary may re10 quire an alien seeking status under section 

11 101(a)(15)(X) to attest, under penalties of perjury, 

12 to the alien’s qualifications.’’. 

13 SEC. 4802. INVEST IMMIGRANT VISA. 

14 (a) ESTABLISHMENT OF INVEST NONIMMIGRANT

15 VISA.—Section 203(b) (8 U.S.C. 1153(b)) is amended— 

16 (1) by redesignating paragraph (6) as para17 graph (7); and 

18 (2) by inserting after paragraph (5) the fol19 lowing: 

20 ‘‘(6) INVEST IMMIGRANTS.— 

21 ‘‘(A) DEFINITIONS.—In this paragraph, 

22 section 101(a)(15)(X), and section 214(s): 

23 ‘‘(i) QUALIFIED COMMUNITY DEVEL24 OPMENT FINANCIAL INSTITUTION.—The 

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1 nancial institution’ is defined as provided 

2 under section 1805.201 45D(c) of title 12, 

3 Code of Federal Regulations, or any simi4 lar successor regulations. 

5 ‘‘(ii) QUALIFIED ENTREPRENEUR.— 

6 The term ‘qualified entrepreneur’ means 

7 an individual who— 

8 ‘‘(I) has a significant ownership 

9 interest, which need not constitute a 

10 majority interest, in a United States 

11 business entity; 

12 ‘‘(II) is employed in a senior ex13 ecutive position of such United States 

14 business entity; 

15 ‘‘(III) submits a business plan to 

16 U.S. Citizenship and Immigration 

17 Services; and 

18 ‘‘(IV) had a substantial role in 

19 the founding or early-stage growth 

20 and development of such United 

21 States business entity. 

22 ‘‘(iii) QUALIFIED GOVERNMENT ENTI23 TY.—The term ‘qualified government enti24 ty’ means an agency or instrumentality of 


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1 the United States or of a State, local, or 

2 tribal government. 

3 ‘‘(iv) QUALIFIED INVESTMENT.—The 

4 term ‘qualified investment’— 

5 ‘‘(I) means an investment in a 

6 qualified entrepreneur’s United States 

7 business entity that is— 

8 ‘‘(aa) an equity purchase; 

9 ‘‘(bb) a secured loan; 

10 ‘‘(cc) a convertible debt 

11 note; 

12 ‘‘(dd) a public securities of13 fering; 

14 ‘‘(ee) a research and devel15 opment award from a qualified 

16 government entity; 

17 ‘‘(ff) other investment deter18 mined appropriate by the Sec19 retary; or 

20 ‘‘(gg) a combination of the 

21 investments described in items 

22 (aa) through (ff); and 

23 ‘‘(II) may not include an invest24 ment from such qualified entre25 preneur, the parents, spouse, son or 


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1 daughter of such qualified entre2 preneur, or from any corporation, 

3 company, association, firm, partner4 ship, society, or joint stock company 

5 over which such qualified entre6 preneur has a substantial ownership 

7 interest. 

8 ‘‘(v) QUALIFIED JOB.—The term 

9 ‘qualified job’ means a full-time position of 

10 United States business entity owned by a 

11 qualified entrepreneur that— 

12 ‘‘(I) is located in the United 

13 States; 

14 ‘‘(II) has been filled by an indi15 vidual who is not the qualified entre16 preneur or the spouse, son, or daugh17 ter of the qualified entrepreneur for at 

18 least 2 years; and 

19 ‘‘(III) pays a wage that is not 

20 less than 250 percent of the Federal 

21 minimum wage. 

22 ‘‘(vi) QUALIFIED SUPER ANGEL IN23 VESTOR.—The term ‘qualified super angel 

24 investor’ means an individual or organized 


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1 group of individuals investing directly or 

2 through a legal entity— 

3 ‘‘(I) each of whom is an accred4 ited investor, as defined in section 

5 230.501(a) of title 17, Code of Fed6 eral Regulations, or any similar suc7 cessor regulation, investing the funds 

8 owned by such individual or organized 

9 group in a qualified entrepreneur’s 

10 United States business entity; 

11 ‘‘(II)(aa) if an individual, is a cit12 izen of the United States or an alien 

13 lawfully admitted for permanent resi14 dence; or 

15 ‘‘(bb) if an organized group or 

16 legal entity, a majority of the individ17 uals investing through such group or 

18 entity are citizens of the United 

19 States or aliens lawfully admitted for 

20 permanent residence; and 

21 ‘‘(III) each of whom in the pre22 vious 3 years has made qualified in23 vestments in a total amount deter24 mined to be appropriate by the Sec25 retary, that is not less than $50,000, 


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1 in United States business entities 

2 which are less than 5 years old. 

3 ‘‘(vii) QUALIFIED VENTURE CAPI4 TALIST.—The term ‘qualified venture capi5 talist’ means an entity— 

6 ‘‘(I) that— 

7 ‘‘(aa) is a venture capital 

8 operating company, as defined in 

9 section 2510.3-110(d) of title 29, 

10 Code of Federal Regulations (or 

11 any successor thereto); or 

12 ‘‘(bb) has management 

13 rights, as defined in, and to the 

14 extent required by, such section 

15 2510.3-110 (d) (or successor 

16 thereto), in its portfolio compa17 nies; 

18 ‘‘(II) that has capital commit19 ments of not less than $10,000,000; 

20 and 

21 ‘‘(III) the investment adviser, as 

22 defined in section 202 of the Invest23 ment Advisers Act of 1940 (15 U.S.C. 

24 80b-2), for which— 


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1 ‘‘(aa) has its primary office 

2 location in the United States; 

3 ‘‘(bb) is owned, directly or 

4 indirectly, by individuals, the ma5 jority of whom are citizens of the 

6 United States or aliens lawfully 

7 admitted for permanent residence 

8 in the United States; 

9 ‘‘(cc) has been advising such 

10 entity or other similar funds or 

11 entities for at least 2 years; and 

12 ‘‘(dd) has made, on behalf of 

13 such entity or a similar fund or 

14 entity, at least 2 investments of 

15 not less than $500,000 during 

16 each of the most recent 2 years. 

17 ‘‘(viii) SECRETARY.—Except as other18 wise specifically provided, the term ‘Sec19 retary’ means the Secretary of Homeland 

20 Security. 

21 ‘‘(ix) SENIOR EXECUTIVE POSITION.— 

22 The term ‘senior executive position’ in23 cludes the position of chief executive offi24 cer, chief technology officer, and chief op25 erating officer. 


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1 ‘‘(x) UNITED STATES BUSINESS ENTI2 TY.—The term ‘business entity’ means any 

3 corporation, company, association, firm, 

4 partnership, society, or joint stock com5 pany that is organized under the laws of 

6 the United States or any State and that 

7 conducts business in the United States 

8 that is not— 

9 ‘‘(I) a private fund, as defined in 

10 202(a) of the Investment Advisers Act 

11 of 1940 (15 U.S.C. 80b-2); 

12 ‘‘(II) a commodity pool, as de13 fined in section 1a of the Commodity 

14 Exchange Act (7 U.S.C. 1a); 

15 ‘‘(III) an investment company, as 

16 defined in section 3 of the Investment 

17 Company Act of 1940 (15 U.S.C. 

18 80a-3); or 

19 ‘‘(IV) an issuer that would be an 

20 investment company but for an ex21 emption provided in— 

22 ‘‘(aa) section 3(c) of the In23 vestment Company Act of 1940 

24 (15 U.S.C. 80a-3(c); or 


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1 ‘‘(bb) section 270.3a-7 of 

2 title 17 of the Code of Federal 

3 Regulations or any similar suc4 cessor regulation. 

5 ‘‘(B) IN GENERAL.—Visas shall be avail6 able, in a number not to exceed 10,000 for each 

7 fiscal year, to qualified immigrants seeking to 

8 enter the United States for the purpose of cre9 ating new businesses, as described in this para10 graph. 

11 ‘‘(C) ELIGIBILITY.—An alien is eligible for 

12 a visa under this paragraph if— 

13 ‘‘(i)(I) the alien is a qualified entre14 preneur; 

15 ‘‘(II) the alien maintained valid non16 immigrant status in the United States for 

17 at least 2 years; 

18 ‘‘(III) during the 3-year period ending 

19 on the date the alien files an initial peti20 tion for such status under this section— 

21 ‘‘(aa)(AA) the alien has a signifi22 cant ownership in a United States 

23 business entity that has created no 

24 fewer than 5 qualified jobs; and 


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1 ‘‘(BB) a qualified venture capi2 talist, a qualified super angel investor, 

3 a qualified government entity, a quali4 fied community development financial 

5 institution, or such other entity or set 

6 of investors, as determined by the 

7 Secretary, has devoted a qualified in8 vestment of not less than $500,000 to 

9 the alien’s United States business en10 tity; or 

11 ‘‘(bb)(AA) the alien has a signifi12 cant ownership interest in a United 

13 States business entity that has cre14 ated no fewer than 5 qualified jobs; 

15 and 

16 ‘‘(BB) during the 2-year period 

17 ending on such date has generated not 

18 less than $750,000 in annual revenue 

19 within the United States; and 

20 ‘‘(IV) no more than 2 other aliens 

21 have received nonimmigrant status under 

22 this section on the basis of an alien’s own23 ership of such business entity; 

24 ‘‘(ii)(I) the alien is a qualified entre25 preneur; 


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1 ‘‘(II) the alien maintained valid non2 immigrant status in the United States for 

3 at least 3 years prior to the date of filing 

4 an application for such status; 

5 ‘‘(III) the alien holds an advanced de6 gree in a field of science, technology, engi7 neering, and mathematics, approved by the 

8 Secretary; and 

9 ‘‘(IV) during the 3-year period ending 

10 on the date the alien files an initial peti11 tion for such status under this section— 

12 ‘‘(aa)(AA) the alien has a signifi13 cant ownership interest in a United 

14 States business entity that has cre15 ated no fewer than 4 qualified jobs; 

16 and 

17 ‘‘(BB) a qualified venture capi18 talist, a qualified super angel investor, 

19 a qualified government entity, a quali20 fied community development financial 

21 institution, or such other entity or set 

22 of investors, as determined by the 

23 Secretary, has devoted a qualified in24 vestment of not less than $500,000 to 


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1 the alien’s United States business en2 tity; or 

3 ‘‘(bb)(AA) the alien has a signifi4 cant ownership interest in a United 

5 States business entity that has cre6 ated no fewer than 3 qualified jobs; 

7 and 

8 ‘‘(BB) during the 2-year period 

9 ending on such date has generated not 

10 less than $500,000 in annual revenue 

11 within the United States; and 

12 ‘‘(V) no more than 3 other aliens have 

13 received nonimmigrant status under this 

14 section on the basis of an alien’s ownership 

15 of such business entity. 

16 ‘‘(D) ATTESTATION.—The Secretary may 

17 require an alien seeking visa under this para18 graph to attest, under penalties of perjury, to 

19 the alien’s qualifications.’’. 

20 (b) PETITION.—Section 204(a)(1)(H) (8 U.S.C. 

21 1154(a)(1)(H)) is amended— 

22 (1) by striking ‘‘203(b)(5)’’ and inserting 

23 ‘‘paragraph (5) or (6) of section 203(b)’’; and 

24 (2) by striking ‘‘Attorney General’’ and insert25 ing ‘‘Secretary of Homeland Security’’. 


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1 SEC. 4803. ADMINISTRATION AND OVERSIGHT. 

2 (a) REGULATIONS.—Not later than 16 months after 

3 the date of the enactment of this Act, the Secretary, in 

4 consultation with the Secretary of Commerce, the Admin5 istrator of the Small Business Administration, and other 

6 heads of other relevant Federal agencies and department, 

7 shall promulgate regulations to carry out the amendments 

8 made by this subtitle. Such regulations shall ensure that 

9 such amendments are implemented in a manner that is 

10 consistent with the protection of national security and pro11 motion United States economic growth, job creation, and 

12 competitiveness. 

13 (b) MODIFICATION OF DOLLAR AMOUNTS.— 

14 (1) IN GENERAL.—The Secretary may from 

15 time to time prescribe regulations increasing or de16 creasing any dollar amount specified in paragraph 

17 (6) of section 203(b) of the Immigration and Na18 tionality Act, as added by section l2, subparagraph 

19 (X) of section 101(a)(15) of such Act, as added by 

20 section 4801, or subsection (s) of section 214, as 

21 added by 4802. 

22 (2) AUTOMATIC ADJUSTMENT.—Unless a dollar 

23 amount referred to in paragraph (1) is adjusted by 

24 the Secretary under paragraph (1), such dollar 

25 amounts shall automatically adjust on January 1, 

26 2016 by the percentage change in the Consumer 


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1 Price Index (CPI–U) during fiscal year 2015, and 

2 on every fifth subsequent January 1 by the percent3 age change in the CPI-U during the previous five 

4 fiscal years, for any petition filed to classify an alien 

5 under this paragraph on or after the date of each 

6 automatic adjustment. 

7 (c) OTHER AUTHORITY.—The Secretary, in the Sec8 retary’s unreviewable discretion, may deny or revoke the 

9 approval of a petition seeking classification of an alien 

10 under this paragraph or any other petition, application, 

11 or benefit based upon the previous or concurrent filing or 

12 approval of a petition for classification of an alien under 

13 this paragraph, if the Secretary determines, in the Sec14 retary’s sole and unreviewable discretion, that the ap15 proval or continuation of such petition, application, or 

16 benefit is contrary to the national interest of the United 

17 States or for other good cause. 

Æ 


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