II 

★(Star Print)

Calendar No. 80 

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 

MAY 28, 2013 

Reported, under authority of the order of the Senate of May 23, 2013, by 

Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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

2 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. 

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. 


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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. 

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. Fianc ́ee and fianc ́e 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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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 

5 sovereignty of the United States of America and es6 tablishing a coherent and just system for integrating 

7 those who seek to join American society. 

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

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

10 prosperous. As a nation founded, built and sustained 

11 by immigrants we also have a responsibility to har12 ness the power of that tradition in a balanced way 

13 that secures a more prosperous future for America. 

14 (3) We have always welcomed newcomers to the 

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

16 order to qualify for the honor and privilege of even17 tual citizenship, our laws must be followed. The 

18 world depends on America to be strong — economi19 cally, militarily and ethically. The establishment of a 

20 stable, just and efficient immigration system only 

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

22 and responsibility to make our borders safe, to es23 tablish clear and just rules for seeking citizenship, to 

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1 nate illegal immigration, which in some cases has be2 come a threat to our national security. 

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

4 right and need of the United States to achieve these 

5 goals, and to protect its borders and maintain its 

6 sovereignty. 

7 SEC. 3. EFFECTIVE DATE TRIGGERS. 

8 (a) DEFINITIONS.—In this section: 

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

10 means the Southern Border Security Commission es11 tablished pursuant to section 4. 

12 (2) COMPREHENSIVE SOUTHERN BORDER SECU13 RITY STRATEGY.—The term ‘‘Comprehensive South14 ern Border Security Strategy’’ means the strategy 

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

16 to achieve and maintain an effectiveness rate of 90 

17 percent or higher in all high risk border sectors. 

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

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

20 in a Border Patrol sector— 

21 (A) persistent surveillance; and 

22 (B) an effectiveness rate of 90 percent or 

23 higher. 

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

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1 age calculated by dividing the number of apprehen2 sions and turn backs in the sector during a fiscal 

3 year by the total number of illegal entries in the sec4 tor during such fiscal year. 

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

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

7 which more than 30,000 individuals were appre8 hended during the most recent fiscal year. 

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

10 border’’ means the international border between the 

11 United States and Mexico. 

12 (7) SOUTHERN BORDER FENCING STRATEGY.— 

13 The term ‘‘Southern Border Fencing Strategy’’ 

14 means the strategy established by the Secretary pur15 suant to section 5(b) that identifies where fencing, 

16 including double-layer fencing, should be deployed 

17 along the Southern border. 

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

19 border security goal is to achieve and maintain effective 

20 control in high risk border sectors along the Southern bor21 der. 

22 (c) TRIGGERS.— 

23 (1) PROCESSING OF APPLICATIONS FOR REG24 ISTERED PROVISIONAL IMMIGRANT STATUS.—Not 

25 earlier than the date upon which the Secretary has 


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1 submitted to Congress the Notice of Commencement 

2 of implementation of the Comprehensive Southern 

3 Border Security Strategy and the Southern Border 

4 Fencing Strategy under section 5 of this Act, the 

5 Secretary may commence processing applications for 

6 registered provisional immigrant status pursuant to 

7 section 245B of the Immigration and Nationality 

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

9 (2) ADJUSTMENT OF STATUS OF REGISTERED

10 PROVISIONAL IMMIGRANTS.— 

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

12 subparagraph (B), the Secretary may not ad13 just the status of aliens who have been granted 

14 registered provisional immigrant status, except 

15 for aliens granted agriculture card status under 

16 section 2201 of this Act or described in section 

17 245D(b) of the Immigration and Nationality 

18 Act, until the Secretary, after consultation with 

19 the Comptroller General of the United States, 

20 submits to the President and Congress a writ21 ten certification that— 

22 (i) the Comprehensive Southern Bor23 der Security Strategy has been submitted 

24 to Congress and is substantially deployed 

25 and substantially operational; 


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1 (ii) the Southern Border Fencing 

2 Strategy has been submitted to Congress, 

3 implemented, and is substantially com4 pleted; 

5 (iii) the Secretary has implemented a 

6 mandatory employment verification system 

7 to be used by all employers to prevent un8 authorized workers from obtaining employ9 ment in the United States; and 

10 (iv) the Secretary is using an elec11 tronic exit system at air and sea ports of 

12 entry that operates by collecting machine13 readable visa or passport information from 

14 air and vessel carriers. 

15 (B) EXCEPTION.—The Secretary shall per16 mit registered provisional immigrants to apply 

17 for an adjustment to lawful permanent resident 

18 status if— 

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

20 prevented one or more of the conditions 

21 described in clauses (i) through (iv) of sub22 paragraph (A) from being implemented; or 

23 (II) the implementation of subpara24 graph (A) has been held unconstitutional 

25 by the Supreme Court of the United States 


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1 or the Supreme Court has granted certio2 rari to the litigation on the constitu3 tionality of implementation of subpara4 graph (A); and 

5 (ii) 10 years have elapsed since the 

6 date of the enactment of this Act. 

7 (d) WAIVER OF LEGAL REQUIREMENTS NECESSARY

8 FOR IMPROVEMENT AT BORDERS.—Notwithstanding any 

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

10 all legal requirements that the Secretary determines to be 

11 necessary to ensure expeditious construction of the bar12 riers, roads, or other physical tactical infrastructure need13 ed to fulfill the requirements under this section. Any de14 termination by the Secretary under this section shall be 

15 effective upon publication in the Federal Register. 

16 (e) FEDERAL COURT REVIEW.— 

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

18 United States shall have exclusive jurisdiction to 

19 hear all causes or claims arising from any action un20 dertaken, or any decision made, by the Secretary 

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

22 only be brought alleging a violation of the Constitu23 tion of the United States. The court does not have 

24 jurisdiction to hear any claim not specified in this 

25 paragraph. 


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

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

3 days after the date of the contested action or deci4 sion by the Secretary, the claim shall be barred. 

5 (3) APPELLATE REVIEW.—An interlocutory or 

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

7 may be reviewed only upon petition for a writ of cer8 tiorari to the Supreme Court of the United States. 

9 SEC. 4. SOUTHERN BORDER SECURITY COMMISSION. 

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

11 Department has not achieved effective control in all high 

12 risk border sectors during any fiscal year beginning before 

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

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

15 certification there shall be established a commission to be 

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

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

18 (b) COMPOSITION.— 

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

20 composed of— 

21 (A) 2 members who shall be appointed by 

22 the President; 

23 (B) 2 members who shall be appointed by 

24 the President pro tempore of the Senate, of 

25 which— 


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

3 the political party that is not the political 

4 party of the President; and 

5 (ii) 1 shall be appointed upon the rec6 ommendation of the leader in the Senate of 

7 the other political party; 

8 (C) 2 members who shall be appointed by 

9 the Speaker of the House of Representatives, of 

10 which— 

11 (i) 1 shall be appointed upon the rec12 ommendation of the leader in the House of 

13 Representatives of the political party that 

14 is not the political party of the President; 

15 and 

16 (ii) 1 shall be appointed upon the rec17 ommendation of the leader in the House of 

18 Representatives of the other political party; 

19 and 

20 (D) 4 members, consisting of 1 member 

21 from each of the States along the Southern bor22 der, who shall be— 

23 (i) the Governor of such State; or 

24 (ii) appointed by the Governor of each 

25 such State. 


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1 (2) QUALIFICATION FOR APPOINTMENT.—Ap2 pointed members of the Commission shall be distin3 guished individuals noted for their knowledge and 

4 experience in the field of border security at the Fed5 eral, State, or local level. 

6 (3) TIME OF APPOINTMENT.—The appoint7 ments required by paragraph (1) shall be made not 

8 later than 60 days after the Secretary makes a cer9 tification described in subsection (a). 

10 (4) CHAIR.—At the first meeting of the Com11 mission, a majority of the members of the Commis12 sion present and voting shall elect the Chair of the 

13 Commission. 

14 (5) VACANCIES.—Any vacancy of the Commis15 sion shall not affect its powers, but shall be filled in 

16 the manner in which the original appointment was 

17 made. 

18 (6) RULES.—The Commission shall establish 

19 the rules and procedures of the Commission which 

20 shall require the approval of at least 6 members of 

21 the Commission. 

22 (c) DUTIES.—The Commission’s primary responsi23 bility shall be making recommendations to the President, 

24 the Secretary, and Congress on policies to achieve and 


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

2 by achieving and maintaining— 

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

4 in, persistent surveillance in high risk border sectors 

5 along the Southern border; and 

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

7 in all high risk border sectors along the Southern 

8 border. 

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

10 of the 5-year period described in subsection (a), the Com11 mission shall submit to the President, the Secretary, and 

12 Congress a report setting forth specific recommendations 

13 for policies for achieving and maintaining the border secu14 rity goals specified in subsection (c). The report shall in15 clude, at a minimum, recommendations for the personnel, 

16 infrastructure, technology, and other resources required to 

17 achieve and maintain an effectiveness rate of 90 percent 

18 or higher in all high risk border sectors. 

19 (e) TRAVEL EXPENSES.—Members of the Commis20 sion shall be allowed travel expenses, including per diem 

21 in lieu of subsistence rates authorized for employees of 

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

23 United States Code, while away from their homes or reg24 ular places of business in the performance of services for 

25 the Commission. 


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1 (f) ADMINISTRATIVE SUPPORT.—The Secretary shall 

2 provide the Commission such staff and administrative 

3 services as may be necessary and appropriate for the Com4 mission to perform its functions. Any employee of the ex5 ecutive branch of Government may be detailed to the Com6 mission without reimbursement to the agency of that em7 ployee and such detail shall be without interruption or loss 

8 of civil service or status or privilege. 

9 (g) COMPTROLLER GENERAL REVIEW.—The Comp10 troller General of the United States shall review the rec11 ommendations in the report submitted under subsection 

12 (d) in order to determine— 

13 (1) whether any of the recommendations are 

14 likely to achieve effective control in all high risk bor15 der sectors; 

16 (2) which recommendations are most likely to 

17 achieve effective control; and 

18 (3) whether such recommendations are feasible 

19 within existing budget constraints. 

20 (h) TERMINATION.—The Commission shall terminate 

21 30 days after the date on which the report is submitted 

22 under subsection (d). 


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1 SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY 

2 STRATEGY AND SOUTHERN BORDER FENC3 ING STRATEGY. 

4 (a) COMPREHENSIVE SOUTHERN BORDER SECURITY

5 STRATEGY.— 

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

7 after the date of the enactment of this Act, the Sec8 retary shall submit a strategy, to be known as the 

9 ‘‘Comprehensive Southern Border Security Strat10 egy’’, for achieving and maintaining effective control 

11 between the ports of entry in all high risk border 

12 sectors along the Southern border, to— 

13 (A) the Committee on Homeland Security 

14 and Governmental Affairs of the Senate; 

15 (B) the Committee on Homeland Security 

16 of the House of Representatives; 

17 (C) the Committee on Appropriations of 

18 the Senate; 

19 (D) the Committee on Appropriations of 

20 the House of Representatives; and 

21 (E) the Comptroller General of the United 

22 States. 

23 (2) ELEMENTS.—The Comprehensive Southern 

24 Border Security Strategy shall specify— 

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

26 strategy to be successfully executed; 


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1 (B) the capabilities that must be obtained 

2 to meet each of the priorities referred to in sub3 paragraph (A), including— 

4 (i) surveillance and detection capabili5 ties developed or used by the Department 

6 of Defense to increase situational aware7 ness; and 

8 (ii) the requirement for stationing suf9 ficient Border Patrol agents and Customs 

10 and Border Protection officers at and be11 tween ports of entry along the Southern 

12 border; and 

13 (C) the resources, including personnel, in14 frastructure, and technology that must be pro15 cured and successfully deployed to obtain the 

16 capabilities referred to in subparagraph (B), in17 cluding— 

18 (i) fixed, mobile, and agent portable 

19 surveillance systems; and 

20 (ii) unarmed, unmanned aerial sys21 tems and unarmed, fixed-wing aircraft and 

22 necessary and qualified staff and equip23 ment to fully utilize such systems. 


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1 (3) ADDITIONAL ELEMENTS REGARDING EXE2 CUTION.—The Comprehensive Southern Border Se3 curity Strategy shall describe— 

4 (A) how the resources referred to in para5 graph (2)(C) will be properly aligned with the 

6 priorities referred to in paragraph (2)(A) to en7 sure that the strategy will be successfully exe8 cuted; 

9 (B) the interim goals that must be accom10 plished to successfully implement the strategy; 

11 and 

12 (C) the schedule and supporting milestones 

13 under which the Department will accomplish 

14 the interim goals referred to in subparagraph 

15 (B). 

16 (4) IMPLEMENTATION.— 

17 (A) IN GENERAL.—The Secretary shall 

18 commence the implementation of the Com19 prehensive Southern Border Security Strategy 

20 immediately after submitting the strategy under 

21 paragraph (1). 

22 (B) NOTICE OF COMMENCEMENT.—Upon 

23 commencing the implementation of the strategy, 

24 the Secretary shall submit a notice of com25 mencement of such implementation to— 


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1 (i) Congress; and 

2 (ii) the Comptroller General of the 

3 United States. 

4 (5) SEMIANNUAL REPORTS.— 

5 (A) IN GENERAL.—After the Comprehen6 sive Southern Border Security Strategy is sub7 mitted under paragraph (1),the Secretary shall 

8 submit, not later than May 15 and November 

9 15 of each year, a report on the status of the 

10 Department’s implementation of the strategy 

11 to— 

12 (i) the Committee on Homeland Secu13 rity and Governmental Affairs of the Sen14 ate; 

15 (ii) the Committee on Homeland Se16 curity of the House of Representatives; 

17 (iii) the Committee on Appropriations 

18 of the Senate; and 

19 (iv) the Committee on Appropriations 

20 of the House of Representatives. 

21 (B) ELEMENTS.—Each report submitted 

22 under subparagraph (A) shall include— 

23 (i) a detailed description of the steps 

24 the Department has taken, or plans to 

25 take, to execute the strategy submitted 


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1 under paragraph (1), including the 

2 progress made toward achieving the in3 terim goals and milestone schedule estab4 lished pursuant to subparagraphs (B) and 

5 (C) of paragraph (3); 

6 (ii) a detailed description of— 

7 (I) any impediments identified in 

8 the Department’s efforts to execute 

9 the strategy; 

10 (II) the actions the Department 

11 has taken, or plans to take, to address 

12 such impediments; and 

13 (III) any additional measures de14 veloped by the Department to meas15 ure the state of security along the 

16 Southern border; and 

17 (iii) for each Border Patrol sector 

18 along the Southern border— 

19 (I) the effectiveness rate for each 

20 individual Border Patrol sector and 

21 the aggregated effectiveness rate; 

22 (II) the number of recidivist ap23 prehensions, sorted by Border Patrol 

24 sector; and 


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1 (III) the recidivism rate for all 

2 unique subjects that received a crimi3 nal consequence through the Con4 sequence Delivery System process. 

5 (b) SOUTHERN BORDER FENCING STRATEGY.— 

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

7 after the date of the enactment of this Act, the Sec8 retary shall establish a strategy, to be known as the 

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

10 where fencing, including double-layer fencing, infra11 structure, and technology should be deployed along 

12 the Southern border. 

13 (2) SUBMITTAL.—The Secretary shall submit 

14 the Southern Border Fencing Strategy to Congress 

15 and the Comptroller General of the United States 

16 for review. 

17 (3) NOTICE OF COMMENCEMENT.—Upon com18 mencing the implementation of the Southern Border 

19 Fencing Strategy, the Secretary shall submit a no20 tice of commencement of the implementation of the 

21 Strategy to Congress and the Comptroller General of 

22 the United States. 


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1 SEC. 6. COMPREHENSIVE IMMIGRATION REFORM TRUST 

2 FUND. 

3 (a) COMPREHENSIVE IMMIGRATION REFORM TRUST

4 FUND.— 

5 (1) ESTABLISHMENT.—There is established in 

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

7 Comprehensive Immigration Reform Trust Fund 

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

9 consisting of— 

10 (A) amounts transferred from the general 

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

12 and 

13 (B) proceeds from the fees described in 

14 paragraph (2)(B). 

15 (2) DEPOSITS.— 

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

17 the date of the enactment of this Act or Octo18 ber 1, 2013, $6,500,000,000 shall be trans19 ferred from the general fund of the Treasury to 

20 the Trust Fund. 

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

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

23 2013, $100,000,000 is hereby appropriated 

24 from the general fund of the Treasury, to re25 main available until September 30, 2015, to the 


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1 Department to pay for one-time and startup 

2 costs necessary to implement this Act, 

3 (C) ONGOING FUNDING.—In addition to 

4 the funding described in subparagraph (A), the 

5 following amounts shall be deposited in the 

6 trust fund: 

7 (i) ELECTRONIC TRAVEL AUTHORIZA8 TION SYSTEM FEES.—75 percent of the 

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

10 of the Immigration and Nationality Act (8 

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

12 (ii) J–1 VISA MITIGATION FEES.— 

13 Mitigation fees collected from employers 

14 who employ aliens described in section 

15 101(a)(15)(J) of the Immigration and Na16 tionality Act (8 U.S.C. 1101(a)(15)(J)) 

17 through the Summer Work Travel Pro18 gram. 

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

20 from employers hiring nonimmigrants de21 scribed in section 101(a)(15)(H)(i)(b) of 

22 the Immigration and Nationality Act (8 

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

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

25 under section 214(c)(12) of the ImmigraVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS S744

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1 tion and Nationality Act (8 U.S.C. 

2 1184(c)(12) from employers hiring a non3 immigrant described in section 

4 101(a)(15)(L) of such Act (8 U.S.C. 

5 1101(a)(15)(L)). 

6 (v) H–2B VISA FEES.—Fees collected 

7 from employers hiring nonimmigrants de8 scribed in section 101(a)(15)(H)(ii)(b) of 

9 the Immigration and Nationality Act (8 

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

11 amount of $500 under section 214 of the 

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

13 1184). 

14 (vi) F–1 VISA FEES.—Fees collected 

15 for nonimmigrants admitted under section 

16 101(a)(15)(F)(i) of the Immigration and 

17 Nationality Act (8 U.S.C. 

18 1101(a)(15)(F)(i)) in the amount of $500 

19 under section 214 of the Immigration and 

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

21 (vii) VISITOR VISA FEES.—Amend 

22 Section 214 to add a $5 fee for visitor 

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


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1 (viii) MERIT SYSTEM GREEN CARD

2 FEES.—Include the fee charged in the doc3 ument to get a ‘‘merit system’’ green card. 

4 (ix) OTHER ALIENS.—An alien who is 

5 allocated a visa under section 211 shall 

6 pay a fee of $1,500. 

7 (x) PENALTY.—Penalties collected 

8 from applicants for provisional immigrant 

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

10 Immigration and Nationality Act, as added 

11 by section 2101 of this Act. 

12 (xi) H-1B NONIMMIGRANT DEPEND13 ENT EMPLOYER FEES.—Fees collected 

14 under section 423(a)(2). 

15 (xii) H–1B OUTPLACEMENT FEE.— 

16 Fees collected under section 

17 212(n)(1)(F)(ii) of the Immigration and 

18 Nationality Act, as amended by section 

19 4201(d). 

20 (xiii) L NONIMMIGRANT DEPENDENT

21 EMPLOYER FEES.—Fees collected under 

22 section 435(a)(2). 

23 (xiv) RETIREE VISA FEES.—Fees col24 lected under section 101(a)(15)(Y) of the 


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

2 1101(a)(15)(Y)). 

3 (xv) NONIMMIGRANTS PERFORMING

4 MAINTENANCE ON COMMON CARRIERS.— 

5 Fees collected under subsection (z) of sec6 tion 214 of the Immigration and Nation7 ality Act (8 U.S.C. 1184), as added by sec8 tion 4604. 

9 (3) USE OF FUNDS.— 

10 (A) INITIAL FUNDING.—Of the amounts 

11 transferred to the Trust Fund pursuant to 

12 paragraph (2)(A)— 

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

14 available to the Secretary, during the 5- 

15 year period beginning on the date of the 

16 enactment of this Act, to carry out the 

17 Comprehensive Southern Border Security 

18 Strategy; 

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

20 available to the Secretary, during the 10- 

21 year period beginning on the date of the 

22 enactment of this Act, to carry out pro23 grams, projects, and activities rec24 ommended by the Commission pursuant to 

25 section 4(c) to achieve and maintain the 


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1 border security goal specified in section 

2 3(b); and 

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

4 available to the Secretary, during the 5- 

5 year period beginning on the date of the 

6 enactment of this Act, to procure and de7 ploy additional fencing in high-risk border 

8 sectors in accordance with the Southern 

9 Border Fencing Strategy established pur10 suant to section 5(b). 

11 (B) ONGOING FUNDING.—Of the amounts 

12 deposited into the Trust Fund pursuant to 

13 paragraph (2)(B)— 

14 (i) $50,000,000 shall be available dur15 ing each of the fiscal years 2014 through 

16 2018 to carry out the activities described 

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

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

19 during each of the fiscal years 2014 

20 through 2018 to carry out the activities 

21 described in section 1104(b). 

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

23 in paragraph (2)(B) may be collected under this Act ex24 cept to the extent that the expenditure of the fee to pay 


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1 the costs of activities and services for which the fee is im2 posed is provided for in advance in an appropriations Act. 

3 (c) RECEIPTS COLLECTED AS OFFSETTING RE4 CEIPTS.—Notwithstanding section 3302 of title 31, 

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

6 (1) shall be credited as offsetting collections to 

7 the Trust Fund; 

8 (2) shall be available for expenditure only to 

9 pay the costs of activities and services authorized 

10 from the Trust Fund; and 

11 (3) shall remain available until expended. 

12 (d) DETERMINATION OF BUDGETARY EFFECTS.— 

13 (1) EMERGENCY DESIGNATION FOR CONGRES14 SIONAL ENFORCEMENT.—In the Senate, amounts 

15 made available under this section are designated as 

16 an emergency requirement pursuant to section 

17 403(a) of S. Con. Res. 13 (111th Congress), the 

18 concurrent resolution on the budget for fiscal year 

19 2010. 

20 (2) EMERGENCY DESIGNATION FOR STATUTORY

21 PAYGO.—Amounts made available under this section 

22 are designated as an emergency requirement under 

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

24 2010 (Public Law 111–139; 2 U.S.C. 933(g)). 


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1 SEC. 7. REFERENCE TO THE IMMIGRATION AND NATION2 ALITY ACT. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a 

7 section or other provision of the Immigration and Nation8 ality Act (8 U.S.C. 1101 et seq.). 

9 SEC. 8. DEFINITIONS. 

10 In this Act: 

11 (1) DEPARTMENT.—Except as otherwise pro12 vided, the term ‘‘Department’’ means the Depart13 ment of Homeland Security. 

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

15 the term ‘‘Secretary’’ means the Secretary of Home16 land Security. 

17 TITLE I—BORDER SECURITY 

18 SEC. 1101. DEFINITIONS. 

19 In this title: 

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

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

22 areas through which drugs and undocumented aliens 

23 are routinely smuggled, as designated by the Com24 missioner of U.S. Customs and Border Protection. 


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

2 border’’ means the international border between the 

3 United States and Mexico. 

4 (3) SOUTHWEST BORDER REGION.—The term 

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

6 United States that is within 100 miles of the South7 ern border. 

8 SEC. 1102. ADDITIONAL U.S. CUSTOMS AND BORDER PRO9 TECTION OFFICERS. 

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

11 2017, the Secretary shall increase the number of trained 

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

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

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

15 progress in increasing such number of officers during each 

16 of the fiscal years 2014 through 2017. 

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

18 be interpreted to preclude the Secretary from reassigning 

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

20 and agents from the Northern border to the Southern bor21 der. 

22 (c) FUNDING.—There are authorized to be appro23 priated, from the Comprehensive Immigration Reform 

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

25 as may be necessary to carry out this section. 


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1 SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE 

2 SOUTHERN BORDER. 

3 (a) IN GENERAL.—With the approval of the Sec4 retary of Defense, the Governor of a State may order any 

5 units or personnel of the National Guard of such State 

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

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

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

9 Border Protection in securing the Southern border. 

10 (b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 

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

12 personnel deployed under subsection (a) may be as13 signed such operations and missions specified in sub14 section (c) as may be necessary to secure the South15 ern border. 

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

17 Guard personnel performing operations and missions 

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

19 under title 32, United States Code. 

20 (c) RANGE OF OPERATIONS AND MISSIONS.—The op21 erations and missions assigned under subsection (b) shall 

22 include the temporary authority— 

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

24 and triple-layer fencing; 

25 (2) to increase ground-based mobile surveillance 

26 systems; 


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1 (3) to deploy additional unmanned aerial sys2 tems and manned aircraft sufficient to maintain 

3 continuous surveillance of the Southern Border; 

4 (4) to deploy and provide capability for radio 

5 communications interoperability between U.S. Cus6 toms and Border Protection and State, local, and 

7 tribal law enforcement agencies; 

8 (5) to construct checkpoints along the Southern 

9 border to bridge the gap to long-term permanent 

10 checkpoints; and 

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

12 Border Protection, particularly in rural, high-traf13 ficked areas, as designated by the Commissioner of 

14 U.S. Customs and Border Protection. 

15 (d) MATERIEL AND LOGISTICAL SUPPORT.—The 

16 Secretary of Defense shall deploy such materiel and equip17 ment and logistical support as may be necessary to ensure 

18 success of the operations and missions conducted by the 

19 National Guard under this section. 

20 (e) EXCLUSION FROM NATIONAL GUARD PER21 SONNEL STRENGTH LIMITATIONS.—National Guard per22 sonnel deployed under subsection (a) shall not be included 

23 in— 


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1 (1) the calculation to determine compliance 

2 with limits on end strength for National Guard per3 sonnel; or 

4 (2) limits on the number of National Guard 

5 personnel that may be placed on active duty for 

6 operational support under section 115 of title 10, 

7 United States Code. 

8 SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY 

9 OPERATIONS. 

10 (a) BORDER CROSSING PROSECUTIONS.— 

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

12 through the Commissioner, U.S. Customs and Bor13 der Protection, shall— 

14 (A) increase the number of border crossing 

15 prosecutions in the Tucson Sector of the South16 west Border region to up to 210 prosecutions 

17 per day by increasing the funding available 

18 for— 

19 (i) attorneys and administrative sup20 port staff in the Tucson United States At21 torney Office; 

22 (ii) support staff and interpreters in 

23 the Tucson Court Clerks Office; 

24 (iii) pre-trial services; 


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1 (iv) activities of the Tucson Federal 

2 Public Defenders Office; and 

3 (v) additional marshals in the Tucson 

4 United States Marshals Office to perform 

5 intake, coordination, transportation, and 

6 court security; and 

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

8 enforcement agencies for any detention costs re9 lated to the border crossing prosecutions carried 

10 out pursuant to subparagraph (A). 

11 (2) ADDITIONAL MAGISTRATE JUDGES TO AS12 SIST WITH INCREASED CASELOAD.—The chief judge 

13 of the United States District Court for the District 

14 of Arizona is authorized to appoint additional full15 time magistrate judges, who, consistent with the 

16 Constitution and laws of the United States, shall 

17 have the authority to hear cases and controversies in 

18 the judicial district in which the respective judges 

19 are appointed. 

20 (3) FUNDING.—There are authorized to be ap21 propriated, from the Comprehensive Immigration 

22 Reform Trust Fund established under section 

23 6(a)(1), such sums as may be necessary to carry out 

24 this subsection. 

25 (b) OPERATION STONEGARDEN.— 


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1 (1) IN GENERAL.—The Federal Emergency 

2 Management Agency shall enhance law enforcement 

3 preparedness and operational readiness along the 

4 borders of the United States through Operation 

5 Stonegarden. The amounts available under this 

6 paragraph are in addition to any other amounts oth7 erwise made available for Operation Stonegarden. 

8 Not less than 90 percent of the amounts made avail9 able under section 5(a)(3)(B)(ii) shall be allocated 

10 for grants and reimbursements to law enforcement 

11 agencies in the States in the Southwest Border re12 gion for personnel, overtime, travel, and other costs 

13 related to illegal immigration and drug smuggling in 

14 the Southwest Border region. 

15 (2) FUNDING.—There are authorized to be ap16 propriated, from the amounts made available under 

17 section 6(a)(3)(A)(i), such sums as may be nec18 essary to carry out this subsection. 

19 (c) INFRASTRUCTURE IMPROVEMENTS.— 

20 (1) BORDER PATROL STATIONS.—The Secretary 

21 shall— 

22 (A) construct additional Border Patrol sta23 tions in the Southwest Border region that U.S. 

24 Border Patrol determines are needed to provide 


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1 full operational support in rural, high-trafficked 

2 areas; and 

3 (B) analyze the feasibility of creating addi4 tional Border Patrol sectors along the Southern 

5 border to interrupt drug trafficking operations. 

6 (2) FORWARD OPERATING BASES.—The Sec7 retary shall enhance the security of the Southwest 

8 Border region by— 

9 (A) establishing additional permanent for10 ward operating bases for the Border Patrol, as 

11 needed; 

12 (B) upgrading the existing forward oper13 ating bases to include modular buildings, elec14 tricity, and potable water; and 

15 (C) ensuring that forward operating bases 

16 surveil and interdict individuals entering the 

17 United States unlawfully immediately after 

18 such individuals cross the Southern border. 

19 (3) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated for each of 

21 fiscal years 2014 through 2018 such sums as may 

22 be necessary to carry out this subsection. 

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

24 (a) DEFINITIONS.—In this section: 


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

2 lands’’ includes all land under the control of the Sec3 retary concerned that is located within the South4 west border region in the State of Arizona along the 

5 international border between the United States and 

6 Mexico. 

7 (2) SECRETARY CONCERNED.—The term ‘‘Sec8 retary concerned’’ means— 

9 (A) with respect to land under the jurisdic10 tion of the Secretary of Agriculture, the Sec11 retary of Agriculture; and 

12 (B) with respect to land under the jurisdic13 tion of the Secretary of the Interior, the Sec14 retary of the Interior. 

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

16 achieve effective control of Federal lands— 

17 (1) the Secretary concerned, notwithstanding 

18 any other provision of law, shall authorize and pro19 vide U.S. Customs and Border Protection personnel 

20 with immediate access to Federal lands for security 

21 activities, including— 

22 (A) routine motorized patrols; and 

23 (B) the deployment of communications, 

24 surveillance, and detection equipment; 


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1 (2) the security activities described in para2 graph (1) shall be conducted, to the maximum ex3 tent practicable, in a manner that the Secretary de4 termines will best protect the natural and cultural 

5 resources on Federal lands; and 

6 (3) the Secretary concerned may provide edu7 cation and training to U.S. Customs and Border 

8 Protection on the natural and cultural resources 

9 present on individual Federal land units. 

10 (c) PROGRAMMATIC ENVIRONMENTAL IMPACT

11 STATEMENT.— 

12 (1) IN GENERAL.—After implementing sub13 section (b), the Secretary, in consultation with the 

14 Secretaries concerned, shall prepare and publish in 

15 the Federal Register a notice of intent to prepare a 

16 programmatic environmental impact statement in 

17 accordance with the National Environmental Policy 

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

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

20 (2) EFFECT ON PROCESSING APPLICATION AND

21 SPECIAL USE PERMITS.—The pending completion of 

22 a programmatic environmental impact statement 

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

24 processing or approving of applications or special 


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1 use permits by the Secretaries concerned for the ac2 tivities described in subsection (b). 

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

4 Secretaries concerned shall amend any land use 

5 plans, as appropriate, upon completion of the pro6 grammatic environmental impact statement de7 scribed in subsection (b). 

8 (4) SCOPE OF PROGRAMMATIC ENVIRONMENTAL

9 IMPACT STATEMENT.—The programmatic environ10 mental impact statement described in paragraph 

11 (1)— 

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

13 the impact on natural and cultural resources on 

14 Federal lands; and 

15 (B) shall not control, delay, or restrict ac16 tions by the Secretary to achieve effective con17 trol on Federal lands. 

18 (d) INTERMINGLED STATE AND PRIVATE LAND.— 

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

20 land within the boundaries of Federal lands. 

21 SEC. 1106. EQUIPMENT AND TECHNOLOGY. 

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

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

24 Border Patrol, shall— 


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1 (1) deploy additional mobile, video, and agent2 portable surveillance systems, and unmanned aerial 

3 vehicles in the Southwest Border region as necessary 

4 to provide 24-hour operation and surveillance; 

5 (2) operate unarmed unmanned aerial vehicles 

6 along the Southern border for 24 hours per day and 

7 for 7 days per week; 

8 (3) deploy unarmed additional fixed-wing air9 craft and helicopters along the Southern border; 

10 (4) acquire new rotocraft and make upgrades to 

11 the existing helicopter fleet; and 

12 (5) increase horse patrols in the Southwest 

13 Border region. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi15 tion to amounts otherwise authorized to be appropriated, 

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

17 and Border Protection such sums as may be necessary to 

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

19 2018. 

20 SEC. 1107. ACCESS TO EMERGENCY PERSONNEL. 

21 (a) SOUTHWEST BORDER REGION EMERGENCY COM22 MUNICATIONS GRANTS.— 

23 (1) IN GENERAL.—The Secretary, in consulta24 tion with the governors of the States in the South25 west Border region, shall establish a 2-year grant 


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1 program, to be administered by the Secretary, to im2 prove emergency communications in the Southwest 

3 Border region. 

4 (2) ELIGIBILITY FOR GRANTS.—An individual 

5 is eligible to receive a grant under this subsection if 

6 the individual demonstrates that he or she— 

7 (A) regularly resides or works in the 

8 Southwest Border region; 

9 (B) is at greater risk of border violence 

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

11 residence or business and his or her proximity 

12 to the Southern border. 

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

14 this subsection may be used to purchase satellite 

15 telephone communications systems and service 

16 that— 

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

18 and 

19 (B) are equipped with global positioning 

20 systems. 

21 (4) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated such sums as 

23 may be necessary to carry out the grant program es24 tablished under this subsection. 


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1 (b) INTEROPERABLE COMMUNICATIONS FOR LAW

2 ENFORCEMENT.— 

3 (1) FEDERAL LAW ENFORCEMENT.—There are 

4 authorized to be appropriated, to the Department, 

5 the Department of Justice, and the Department of 

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

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

8 may be necessary— 

9 (A) to purchase, through a competitive 

10 procurement process, P25-compliant radios, 

11 which may include a multi-band option, for 

12 Federal law enforcement agents working in the 

13 Southwest Border region in support of the ac14 tivities of U.S. Customs and Border Protection 

15 and U.S. Immigration and Customs Enforce16 ment, including law enforcement agents of the 

17 Drug Enforcement Administration, the Bureau 

18 of Alcohol, Tobacco, Firearms and Explosives, 

19 the Department of the Interior, and the Forest 

20 Service; and 

21 (B) to upgrade, through a competitive pro22 curement process, the communications network 

23 of the Department of Justice to ensure coverage 

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1 west Border region for appropriate law enforce2 ment personnel of the Department of Justice 

3 (including the Drug Enforcement Administra4 tion and the Bureau of Alcohol, Tobacco, Fire5 arms and Explosives), the Department (includ6 ing U.S. Immigration and Customs Enforce7 ment and U.S. Customs and Border Protec8 tion), the United States Marshals Service, other 

9 Federal agencies, the State of Arizona, tribes, 

10 and local governments. 

11 (2) STATE AND LOCAL LAW ENFORCEMENT.— 

12 (A) AUTHORIZATION OF APPROPRIA13 TIONS.—There is authorized to be appropriated 

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

15 period beginning on the date of the enactment 

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

17 purchase, through a competitive procurement 

18 process, P25-compliant radios, which may in19 clude a multi-band option, for State and local 

20 law enforcement agents working in the South21 west Border region. 

22 (B) ACCESS TO FEDERAL SPECTRUM.—If 

23 a State, tribal, or local law enforcement agency 

24 in the Southwest Border region experiences an 

25 emergency situation that necessitates immediate 


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1 communication with the Department of Justice, 

2 the Department, the Department of the Inte3 rior, or any of their respective subagencies, 

4 such law enforcement agency shall have access 

5 to the spectrum assigned to such Federal agen6 cy for the duration of such emergency situation. 

7 SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION 

8 INITIATIVE. 

9 (a) REIMBURSEMENT TO STATE AND LOCAL PROS10 ECUTORS FOR FEDERALLY INITIATED CRIMINAL

11 CASES.—The Attorney General shall reimburse State, 

12 county, tribal, and municipal governments for costs associ13 ated with the prosecution and pre-trial detention of Feder14 ally initiated criminal cases declined by local offices of the 

15 United States Attorneys. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated such sums as may be nec18 essary to carry out subsection (a) during fiscal years 2014 

19 through 2018 . 

20 SEC. 1109. INTERAGENCY COLLABORATION. 

21 The Assistant Secretary of Defense for Research and 

22 Engineering shall collaborate with the Under Secretary of 

23 Homeland Security for Science and Technology to identify 

24 equipment and technology used by the Department of De25 fense that could be used by U.S. Customs and Border ProVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS S744

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1 tection to improve the security of the Southern border 

2 by— 

3 (1) detecting border tunnels; 

4 (2) detecting the use of ultralight aircraft; 

5 (3) enhancing wide aerial surveillance; and 

6 (4) otherwise improving the enforcement of 

7 such border. 

8 SEC. 1110. SCAAP REAUTHORIZATION. 

9 Section 241(i)(5)(C) (8 U.S.C. 1231(i)(5)) is amend10 ed by striking ‘‘2011’’ and inserting ‘‘2015’’. 

11 SEC. 1111. USE OF FORCE. 

12 Not later than 180 days after the date of the enact13 ment of this Act, the Secretary, in consultation with the 

14 Assistant Attorney General for the Civil Rights Division 

15 of the Department of Justice, shall issue policies gov16 erning the use of force by all Department personnel that— 

17 (1) require all Department personnel to report 

18 each use of force; and 

19 (2) establish procedures for— 

20 (A) accepting and investigating complaints 

21 regarding the use of force by Department per22 sonnel; 

23 (B) disciplining Department personnel who 

24 violate any law or Department policy relating to 

25 the use of force; and 


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1 (C) reviewing all uses of force by Depart2 ment personnel to determine whether the use of 

3 force— 

4 (i) complied with Department policy; 

5 or 

6 (ii) demonstrates the need for changes 

7 in policy, training, or equipment. 

8 SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMI9 GRATION ENFORCEMENT OFFICERS. 

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

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

12 Patrol officers, U.S. Immigration and Customs Enforce13 ment agents, and agriculture specialists stationed within 

14 100 miles of any land or marine border of the United 

15 States or at any United States port of entry receive appro16 priate training, which shall be prepared in collaboration 

17 with the Assistant Attorney General for the Civil Rights 

18 Division of the Department of Justice, in— 

19 (1) identifying and detecting fraudulent travel 

20 documents; 

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

22 rights of individuals; 

23 (3) the scope of enforcement authorities, includ24 ing interrogations, stops, searches, seizures, arrests, 

25 and detentions; 


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1 (4) the use of force policies issued by the Sec2 retary pursuant to section 1111; 

3 (5) immigration laws, including screening, iden4 tifying, and addressing vulnerable populations, such 

5 as children, victims of crime and human trafficking, 

6 and individuals fleeing persecution or torture; 

7 (6) social and cultural sensitivity toward border 

8 communities; 

9 (7) the impact of border operations on commu10 nities; and 

11 (8) any particular environmental concerns in a 

12 particular area. 

13 (b) TRAINING FOR BORDER COMMUNITY LIAISON

14 OFFICERS.—The Secretary shall ensure that border com15 munities liaison officers in Border Patrol sectors along the 

16 international borders between the United States and Mex17 ico and between the United States and Canada receive 

18 training to better— 

19 (1) act as a liaison between border communities 

20 and the Office for Civil Rights and Civil Liberties of 

21 the Department and the Civil Rights Division of the 

22 Department of Justice; 

23 (2) foster and institutionalize consultation with 

24 border communities; 


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1 (3) consult with border communities on Depart2 ment programs, policies, strategies, and directives; 

3 and 

4 (4) receive Department performance assess5 ments from border communities. 

6 SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BOR7 DER OVERSIGHT TASK FORCE. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—There is established an inde10 pendent task force, which shall be known as the De11 partment of Homeland Security Border Oversight 

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

13 Task Force’’). 

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

15 (A) review and make recommendations re16 garding immigration and border enforcement 

17 policies, strategies, and programs that take into 

18 consideration their impact on border commu19 nities; 

20 (B) recommend ways in which the Border 

21 Communities Liaison Offices can strengthen re22 lations and collaboration between communities 

23 in the border regions and the Department, the 

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1 cies that carry out such policies, strategies, and 

2 programs; 

3 (C) evaluate how the policies, strategies, 

4 and programs of Federal agencies operating 

5 along the international borders between the 

6 United States and Mexico and between the 

7 United States and Canada protect the due proc8 ess, civil, and human rights of border residents, 

9 visitors, and migrants at and near such borders; 

10 and 

11 (D) evaluate and make recommendations 

12 regarding the training of border enforcement 

13 personnel described in section 1112. 

14 (3) MEMBERSHIP.— 

15 (A) IN GENERAL.—The DHS Task Force 

16 shall be composed of 26 members, appointed by 

17 the President, who have expertise in migration, 

18 local crime indices, civil and human rights, 

19 community relations, cross-border trade and 

20 commerce, quality of life indicators, or other 

21 pertinent experience, of whom— 

22 (i) 11 members shall be from the 

23 Northern border region and shall include— 

24 (I) 2 local government elected of25 ficials; 


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1 (II) 2 local law enforcement offi2 cial; 

3 (III) 2 civil rights advocates; 

4 (IV) 1 business representative; 

5 (V) 1 higher education represent6 ative; 

7 (VI) 1 representative of a faith 

8 community; and 

9 (VII) 2 representatives of U.S. 

10 Border Patrol; and 

11 (ii) 15 members shall be from the 

12 Southern border region and include— 

13 (I) 3 local government elected of14 ficials; 

15 (II) 3 local law enforcement offi16 cials; 

17 (III) 3 civil rights advocates; 

18 (IV) 2 business representatives; 

19 (V) 1 higher education represent20 ative; 

21 (VI) 1 representative of a faith 

22 community; and 

23 (VII) 2 representatives of U.S. 

24 Border Patrol. 


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1 (B) NONGOVERNMENTAL APPOINTEES.— 

2 Individuals appointed as members of the DHS 

3 Task Force may not be employed by the Fed4 eral Government. 

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

6 Task Force shall be appointed for the shorter 

7 of— 

8 (i) 3 years; or 

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

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

11 the DHS Task Force shall elect a Chair and a 

12 Vice Chair from among its members, who shall 

13 serve in such capacities for the life of the DHS 

14 Task Force or until removed by the majority 

15 vote of at least 14 members. 

16 (b) OPERATIONS.— 

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

18 for the purpose of carrying out its duties, hold hear19 ings, sit and act, take testimony, receive evidence, 

20 and administer oaths. 

21 (2) RECOMMENDATIONS.—The DHS Task 

22 Force may make findings or recommendations to the 

23 Secretary related to the duties described in sub24 section (a)(2). 


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

2 receiving the findings and recommendations from 

3 the DHS Task Force under paragraph (2), the Sec4 retary shall issue a response that describes how the 

5 Department has addressed, or will address, such 

6 findings and recommendations. 

7 (4) INFORMATION FROM FEDERAL AGENCIES.— 

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

9 may request statistics relating to the duties de10 scribed in subsection (a)(2) directly from any Fed11 eral agency, which shall, to the extent authorized by 

12 law, furnish such information, suggestions, esti13 mates, and statistics directly to the DHS Task 

14 Force. 

15 (5) COMPENSATION.—Members of the DHS 

16 Task Force shall serve without pay, but shall be re17 imbursed for reasonable travel and subsistence ex18 penses incurred in the performance of their duties. 

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

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

21 to the President, Congress, and the Secretary that con22 tains— 

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

24 DHS Task Force; and 


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1 (2) recommendations regarding border and im2 migration enforcement policies, strategies, and pro3 grams, including— 

4 (A) a recommendation as to whether the 

5 DHS Task Force should continue to operate; 

6 and 

7 (B) a description of any duties the DHS 

8 Task Force should be responsible for after the 

9 termination date described in subsection (e). 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as may be 

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

13 years 2014 through 2017. 

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

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

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

17 SEC. 1114. IMMIGRATION OMBUDSMAN. 

18 (a) IN GENERAL.—Section 452 of the Homeland Se19 curity Act (6 U.S.C. 272) is amended— 

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

21 follows: 


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1 ‘‘SEC. 452. DEPARTMENT OF HOMELAND SECURITY IMMI2 GRATION OMBUDSMAN.’’; 

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

4 and Immigration Services Ombudsman’’ and insert5 ing ‘‘DHS Immigration Ombudsman’’; 

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

7 of the Bureau of Citizenship and Immigration Serv8 ices’’ and inserting ‘‘Director, U.S. Citizenship and 

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

10 Immigration and Customs Enforcement, the Com11 missioner, U.S. Customs and Border Protection’’; 

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

13 ‘‘Director of the Bureau of Citizenship and Immi14 gration Services’’ each place such term appears and 

15 inserting ‘‘Director, U.S. Citizenship and Immigra16 tion Services, the Assistant Secretary, U.S. Immi17 gration and Customs Enforcement, and the Commis18 sioner, U.S. Customs and Border Protection’’; 

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

20 each place such term appears and inserting ‘‘offi21 cial’’; and 

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

23 Immigration Services’’ each place it appears and in24 serting ‘‘U.S. Citizenship and Immigration Services, 

25 U.S. Immigration and Customs Enforcement, or 

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


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

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

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

4 452 and inserting the following: 

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

5 SEC. 1115. REPORTS. 

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

7 Secretary shall submit a report to the Committee on 

8 Homeland Security and Governmental Affairs of the Sen9 ate and the Committee on Homeland Security of the 

10 House of Representatives that sets forth— 

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

12 2(a)(4)) for each Border Patrol sector along the 

13 Northern border and the Southern border; 

14 (2) the number of miles along the Southern 

15 border that is under persistent surveillance; 

16 (3) the monthly wait times per passenger, in17 cluding data on averages and peaks, for crossing the 

18 Southern border, and the staffing of such border 

19 crossings; and 

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

21 the Southern border. 

22 (b) REPORT ON INTERAGENCY COLLABORATION.— 

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1 mit a report on the results of the interagency collaboration 

2 under section 1109 to— 

3 (1) the Committee on Armed Services of the 

4 Senate; 

5 (2) the Committee on Homeland Security and 

6 Governmental Affairs of the Senate; 

7 (3) the Committee on Armed Services of the 

8 House of Representatives; and 

9 (4) the Committee on Homeland Security of the 

10 House of Representatives. 

11 SEC. 1116. SEVERABILITY. 

12 If any provision of this Act or any amendment made 

13 by this Act, or any application of such provision or amend14 ment to any person or circumstance, is held to be uncon15 stitutional, the remainder of the provisions of this Act and 

16 the amendments made by this Act and the application of 

17 the provision or amendment to any other person or cir18 cumstance shall not be affected. 


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1 TITLE II—IMMIGRANT VISAS 

2 Subtitle A—Registration and Ad3 justment of Registered Provi4 sional Immigrants 

5 SEC. 2101. REGISTERED PROVISIONAL IMMIGRANT STATUS. 

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

7 1255 et seq.) is amended by inserting after section 245A 

8 the following: 

9 ‘‘SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE EN10 TRANTS BEFORE DECEMBER 31, 2011, TO 

11 THAT OF REGISTERED PROVISIONAL IMMI12 GRANT. 

13 ‘‘(a) IN GENERAL.—Notwithstanding any other pro14 vision of law, the Secretary of Homeland Security (re15 ferred to in this section as the ‘Secretary’), after con16 ducting the national security and law enforcement clear17 ances required under subsection (c)(8), may grant reg18 istered provisional immigrant status to an alien who— 

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

20 in subsection (b); 

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

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

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

24 (c)(10)(A) and the penalty required under sub25 section (c)(10)(C), if applicable. 


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1 ‘‘(b) ELIGIBILITY REQUIREMENTS.— 

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

3 registered provisional immigrant status unless the 

4 alien establishes, by a preponderance of the evidence, 

5 that the alien meets the requirements set forth in 

6 this subsection. 

7 ‘‘(2) PHYSICAL PRESENCE.— 

8 ‘‘(A) IN GENERAL.—The alien— 

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

10 United States on the date on which the 

11 alien submits an application for registered 

12 provisional immigrant status; 

13 ‘‘(ii) shall have been physically 

14 present in the United States on or before 

15 December 31, 2011; and 

16 ‘‘(iii) shall have maintained contin17 uous physical presence in the United 

18 States from December 31, 2011, until the 

19 date on which the alien is granted status 

20 as a registered provisional immigrant 

21 under this section. 

22 ‘‘(B) BREAK IN PHYSICAL PRESENCE.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in clause (ii), an alien who is absent 

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1 tion after the date of the enactment of this 

2 section does not meet the continuous phys3 ical presence requirement set forth in sub4 paragraph (A)(iii). 

5 ‘‘(ii) EXCEPTION.—An alien who de6 parted from the United States after De7 cember 31, 2011 will not be considered to 

8 have failed to maintain continuous pres9 ence in the United States if the alien’s ab10 sences from the United States are brief, 

11 casual, and innocent whether or not such 

12 absences were authorized by the Secretary. 

13 ‘‘(3) GROUNDS FOR INELIGIBILITY.— 

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

15 subparagraph (B), an alien is ineligible for reg16 istered provisional immigrant status if the Sec17 retary determines that the alien— 

18 ‘‘(i) has a conviction for— 

19 ‘‘(I) an offense classified as a fel20 ony in the convicting jurisdiction 

21 (other than a State or local offense 

22 for which an essential element was the 

23 alien’s immigration status or a viola24 tion of this Act); 


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1 ‘‘(II) an aggravated felony (as 

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

3 time of the conviction); 

4 ‘‘(III) 3 or more misdemeanor of5 fenses (other than minor traffic of6 fenses or State or local offenses for 

7 which an essential element was the 

8 alien’s immigration status or a viola9 tion of this Act) if the alien was con10 victed on different dates for each of 

11 the 3 offenses; 

12 ‘‘(IV) any offense under foreign 

13 law, except for a purely political of14 fense, which, if the offense had been 

15 committed in the United States, 

16 would render the alien inadmissible 

17 under section 212(a) (excluding the 

18 paragraphs set forth in clause (ii)) or 

19 removable under section 237(a), ex20 cept as provided in paragraph (3) of 

21 section 237(a); 

22 ‘‘(V) unlawful voting (as defined 

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


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1 ‘‘(ii) is admissible under section 

2 212(a), except that in determining an 

3 alien’s admissibility— 

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

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

6 apply; 

7 ‘‘(II) subparagraphs (A), (C), 

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

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

10 section 212(a) shall not apply unless 

11 based on the act of unlawfully enter12 ing the United States after the date 

13 of the enactment of the Border Secu14 rity, Economic Opportunity, and Im15 migration Modernization Act; and 

16 ‘‘(III) paragraphs (6)(B) and 

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

18 apply unless the relevant conduct 

19 began on or after the date on which 

20 the alien files an application for reg21 istered provisional immigrant status 

22 under this section; 

23 ‘‘(iii) the Secretary knows or has rea24 sonable grounds to believe, is engaged in or 

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1 rorist activity (as defined in section 

2 212(a)(3)(B)(iv)); or 

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

4 Act was introduced in the Senate— 

5 ‘‘(I) an alien lawfully admitted 

6 for permanent residence; 

7 ‘‘(II) an alien admitted as a ref8 ugee under section 207 or granted 

9 asylum under section 208; or 

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

11 the records of the Secretary or the 

12 Secretary of State, is lawfully present 

13 in the United States in any non14 immigrant status (other than an alien 

15 considered to be a nonimmigrant sole16 ly due to the application of section 

17 244(f)(4) or the amendment made by 

18 section 702 of the Consolidated Nat19 ural Resources Act of 2008 (Public 

20 Law 110–229)), notwithstanding any 

21 unauthorized employment or other 

22 violation of nonimmigrant status. 

23 ‘‘(B) WAIVER.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 may waive the application of subparagraph 


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

2 212(a) that is not listed in clause (ii) on 

3 behalf of an alien for humanitarian pur4 poses, to ensure family unity, or if such a 

5 waiver is otherwise in the public interest. 

6 Any discretionary authority to waive 

7 grounds of inadmissibility under section 

8 212(a) conferred under any other provision 

9 of this Act shall apply equally to aliens 

10 seeking registered provisional status under 

11 this section. 

12 ‘‘(ii) EXCEPTIONS.—The discretionary 

13 authority under clause (i) may not be used 

14 to waive— 

15 ‘‘(I) subparagraph (B), (C), 

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

17 212(a)(2); 

18 ‘‘(II) section 212(a)(3); 

19 ‘‘(III) subparagraph (A), (C), 

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

21 ‘‘(IV) with respect to misrepre22 sentations relating to the application 

23 for registered provisional immigrant 

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


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1 ‘‘(C) CONVICTION EXPLAINED.—For pur2 poses of this paragraph, the term ‘conviction’ 

3 does not include a judgment that has been ex4 punged, set aside, or the equivalent. 

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

6 in this paragraph may be construed to require 

7 the Secretary to commence removal proceedings 

8 against an alien. 

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

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

11 any alien filing an application for registered provi12 sional immigrant status under this section. 

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

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

15 other provision of law, the Secretary shall clas16 sify the spouse or child of a registered provi17 sional immigrant as a registered provisional im18 migrant dependent if the spouse or child— 

19 ‘‘(i) is physically present in the 

20 United States— 

21 ‘‘(I) on the date on which the 

22 registered provisional immigrant is 

23 granted such status; and 

24 ‘‘(II) on or before December 30, 

25 2012; 


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1 ‘‘(ii) meets all of the eligibility re2 quirements set forth in this subsection, 

3 other than the requirements of clause (ii) 

4 or (iii) of paragraph (2). 

5 ‘‘(B) EFFECT OF TERMINATION OF LEGAL

6 RELATIONSHIP.—If the spousal or parental re7 lationship between an alien who is granted reg8 istered provisional immigrant status under this 

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

10 spouse or child may apply for classification as 

11 a registered provisional immigrant dependent if 

12 the termination of the relationship with such 

13 parent was due to death, divorce, or otherwise 

14 connected to domestic violence, notwithstanding 

15 subsection (c)(3). 

16 ‘‘(C) EFFECT OF DISQUALIFICATION OF

17 PARENT.—If the application of a spouse or par18 ent for registered provisional immigrant status 

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

20 child of that spouse or parent shall be eligible 

21 to apply for registered provisional immigrant 

22 status independent of the parent notwith23 standing subsection (c)(3). 

24 ‘‘(c) APPLICATION PROCEDURES.— 


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

2 spouse or child of such alien, who meets the eligi3 bility requirements set forth in subsection (b) may 

4 apply for status as a registered provisional immi5 grant or a registered provisional immigrant depend6 ent, as applicable, by submitting a completed appli7 cation form to the Secretary during the application 

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

9 the final rule promulgated by the Secretary under 

10 the Border Security, Economic Opportunity, and 

11 Immigration Modernization Act. An applicant for 

12 registered provisional immigrant status shall be 

13 treated as an applicant for admission. 

14 ‘‘(2) PAYMENT OF TAXES.— 

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

16 an application for registered provisional immi17 grant status under paragraph (1) unless the ap18 plicant has satisfied any applicable Federal tax 

19 liability. 

20 ‘‘(B) DEFINITION OF APPLICABLE FED21 ERAL TAX LIABILITY.—In this paragraph, the 

22 term ‘applicable Federal tax liability’ means all 

23 Federal income taxes assessed in accordance 

24 with section 6203 of the Internal Revenue Code 

25 of 1986. 


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1 ‘‘(C) DEMONSTRATION OF COMPLIANCE.— 

2 An applicant may demonstrate compliance with 

3 this paragraph by submitting appropriate docu4 mentation, in accordance with regulations pro5 mulgated by the Secretary, in consultation with 

6 the Secretary of the Treasury. 

7 ‘‘(3) APPLICATION PERIOD.— 

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

9 in subparagraph (B), the Secretary may only 

10 accept applications for registered provisional 

11 immigrant status from aliens in the United 

12 States during the 1-year period beginning on 

13 the date on which the final rule is published in 

14 the Federal Register pursuant to paragraph 

15 (1). 

16 ‘‘(B) EXTENSION.—If the Secretary deter17 mines, during the initial period described in 

18 subparagraph (A), that additional time is re19 quired to process applications for registered 

20 provisional immigrant status or for other good 

21 cause, the Secretary may extend the period for 

22 accepting applications for such status for an 

23 additional 18 months. 

24 ‘‘(4) APPLICATION FORM.— 


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1 ‘‘(A) REQUIRED INFORMATION.—The ap2 plication form referred to in paragraph (1) shall 

3 collect such information as the Secretary deter4 mines necessary and appropriate. 

5 ‘‘(B) FAMILY APPLICATION.—The Sec6 retary shall establish a process through which 

7 an alien may submit a single application under 

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

9 spouse, and his or her children, who are resid10 ing in the United States. 

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

12 interview applicants for registered provisional 

13 immigrant status under this section to deter14 mine whether they meet the eligibility require15 ments set forth in subsection (b). 

16 ‘‘(5) ALIENS APPREHENDED BEFORE OR DUR17 ING THE APPLICATION PERIOD.—If an alien who is 

18 apprehended during the period beginning on the 

19 date of the enactment of the Border Security, Eco20 nomic Opportunity, and Immigration Modernization 

21 Act and the end of the application period described 

22 in paragraph (3) appears prima facie eligible for 

23 registered provisional immigrant status, to the satis24 faction of the Secretary, the Secretary— 


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1 ‘‘(A) shall provide the alien with a reason2 able opportunity to file an application under 

3 this section during such application period; and 

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

5 a final administrative determination is made on 

6 the application. 

7 ‘‘(6) ELIGIBILITY AFTER DEPARTURE.— 

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

9 from the United States while subject to an 

10 order of exclusion, deportation, or removal, or 

11 pursuant to an order of voluntary departure 

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

13 has reentered the United States illegally after 

14 December 31, 2011 without receiving the Sec15 retary’s consent to reapply for admission under 

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

17 application for registered provisional immigrant 

18 status. 

19 ‘‘(B) WAIVER.—The Secretary, in the Sec20 retary’s sole and unreviewable discretion, may 

21 waive the application of subparagraph (A) on 

22 behalf of an alien if the alien— 

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

24 States citizen or lawful permanent resi25 dent; 


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

2 United States citizen or lawful permanent 

3 resident; 

4 ‘‘(iii) meets the requirements set forth 

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

6 245D(b)(1)(A); or 

7 ‘‘(iv) meets the requirements set forth 

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

9 older on the date on which the alien ap10 plies for registered provisional immigrant 

11 status, and was physically present in the 

12 United States for an aggregate period of 

13 not less than 3 years during the 6-year pe14 riod immediately preceding the date of the 

15 enactment of the Border Security, Eco16 nomic Opportunity, and Immigration Mod17 ernization Act. 

18 ‘‘(C) ELIGIBILITY.—Notwithstanding sub19 section (b)(2), section 241(a)(5), or a prior 

20 order of exclusion, deportation, or removal, an 

21 alien described in subparagraph (B) who is oth22 erwise eligible for registered provisional immi23 grant status may file an application for such 

24 status. 


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1 ‘‘(7) SUSPENSION OF REMOVAL DURING APPLI2 CATION PERIOD.— 

3 ‘‘(A) PROTECTION FROM DETENTION OR

4 REMOVAL.—A registered provisional immigrant 

5 may not be detained by the Secretary or re6 moved from the United States, unless— 

7 ‘‘(i) the Secretary determines that— 

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

9 ineligible for registered provisional im10 migrant status under subsection 

11 (b)(3); or 

12 ‘‘(II) the alien’s registered provi13 sional immigrant status has been re14 voked under subsection (d)(2). 

15 ‘‘(B) ALIENS IN REMOVAL PRO16 CEEDINGS.—Notwithstanding any other provi17 sion of this Act— 

18 ‘‘(i) if the Secretary determines that 

19 an alien, during the period beginning on 

20 the date of the enactment of this section 

21 and ending on the last day of the applica22 tion period described in paragraph (3), is 

23 in removal, deportation, or exclusion pro24 ceedings before the Executive Office for 

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1 gible for registered provisional immigrant 

2 status under this section— 

3 ‘‘(I) the Secretary shall provide 

4 the alien with the opportunity to file 

5 an application for such status; and 

6 ‘‘(II) upon motion by the Sec7 retary and with the consent of the 

8 alien or upon motion by the alien, the 

9 Executive Office for Immigration Re10 view shall— 

11 ‘‘(aa) terminate such pro12 ceedings without prejudice to fu13 ture proceedings on any basis; 

14 and 

15 ‘‘(bb) provide the alien a 

16 reasonable opportunity to apply 

17 for such status; and 

18 ‘‘(ii) if the Executive Office for Immi19 gration Review determines that an alien, 

20 during the application period described in 

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

22 or exclusion proceedings before the Execu23 tive Office for Immigration Review and is 

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1 sional immigrant status under this sec2 tion— 

3 ‘‘(I) the Executive Office of Im4 migration Review shall notify the Sec5 retary of such determination; and 

6 ‘‘(II) if the Secretary does not 

7 dispute the determination of prima 

8 facie eligibility within 7 days after 

9 such notification, the Executive Office 

10 for Immigration Review, upon consent 

11 of the 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 (b) 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 

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 

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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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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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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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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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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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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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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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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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS S744

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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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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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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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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 

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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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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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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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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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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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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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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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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 

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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 

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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 RS1S 

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 RS1S 

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 

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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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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 

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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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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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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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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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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

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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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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 fianc ́e, fianc ́ee, 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 fianc ́ee 

3 or fianc ́e 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 fianc ́e, fianc ́ee, or immigrant visa 

18 petition was filed with the Secretary of Homeland Security 

19 to classify the alien’s parent as the fianc ́ee or fianc ́e 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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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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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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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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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 

24 of not less than 3 years in any status authorVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS S744

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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 

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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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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 

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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 

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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 

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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, 

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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 

24 section 274C of the Immigration and Nation25 ality Act (8 U.S.C. 1324a, 1324b, 1324c), proVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00509 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS S744

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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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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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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 

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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 

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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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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 

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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 

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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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00619 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00647 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00665 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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 

24 H–1B nonimmigrants that will not adversely afVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00676 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS S744

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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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00680 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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 

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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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00683 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00686 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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 

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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 

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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 

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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 

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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 

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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 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00764 Fmt 6652 Sfmt 6401 E:\BILLS\S744.RS 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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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.— 

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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 

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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.— 

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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. 

18 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

20 ‘‘Border Security, Economic Opportunity, and Immigra21 tion Modernization Act’’. 

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

23 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 Funds. 

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

Sec. 8. Definitions. 

Sec. 9. Grant accountability. 

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. State Criminal Alien Assistance Program. 

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. Ombudsman for Immigration Related Concerns of the Department of 

Homeland Security. 

Sec. 1115. Protection of family values in apprehension programs. 

Sec. 1116. Reports. 

Sec. 1117. Severability and delegation. 

Sec. 1118. Prohibition on land border crossing fees. 

Sec. 1119. Human Trafficking Reporting. 

Sec. 1120. Rule of construction. 

Sec. 1121. Limitations on dangerous deportation practices. 

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. 


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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. 

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. Benefits integrity programs. 

Sec. 2244. 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. Worldwide 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. Inclusion of communities adversely affected by a recommendation of 

the Defense Base Closure and Realignment Commission as targeted employment areas. 

Sec. 2309. V nonimmigrant visas. 

Sec. 2310. Fiance ́e and fiance ́ child status protection. 

Sec. 2311. Equal treatment for all stepchildren. 

Sec. 2312. Modification of adoption age requirements. 

Sec. 2313. Relief for orphans, widows, and widowers. 

Sec. 2314. Discretionary authority with respect to removal, deportation, or inadmissibility of citizen and resident immediate family members. 

Sec. 2315. Waivers of inadmissibility. 

Sec. 2316. Continuous presence. 

Sec. 2317. Global health care cooperation. 

Sec. 2318. Extension and improvement of the Iraqi special immigrant visa program. 

Sec. 2319. Extension and improvement of the Afghan special immigrant visa program. 

Sec. 2320. Special Immigrant Nonminister Religious Worker Program. 


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Sec. 2321. Special immigrant status for certain surviving spouses and children. 

Sec. 2322. Reunification of certain families of Filipino veterans of World War II. 

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. 

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. 

Sec. 2553. Permissible use of assisted housing by battered immigrants. 

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. 


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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. 

Sec. 3107. Office of the Small Business and Employee Advocate. 

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. 

Subtitle C—Other Provisions 

Sec. 3301. Funding. 

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. 

Sec. 3306. Enhanced penalties for certain drug offenses on Federal lands. 

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. Work authorization while applications for U and T visas are pending. 

Sec. 3408. Representation at overseas refugee interviews. 

Sec. 3409. Law enforcement and national security checks. 

Sec. 3410. Tibetan refugee assistance. 

Sec. 3411. Termination of asylum or refugee status. 

Sec. 3412. Asylum clock. 

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. 

Sec. 3507. Transfer of responsibility for trafficking protections. 

Subtitle F—Prevention of Trafficking in Persons and Abuses Involving Workers 

Recruited Abroad 

Sec. 3601. Definitions. 

Sec. 3602. Disclosure. 

Sec. 3603. Prohibition on discrimination. 


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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. Detecting and preventing child trafficking. 

Sec. 3612. Protecting child trafficking victims. 

Sec. 3613. Rule of construction. 

Sec. 3614. 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 relating to vessels and aircraft. 

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. 

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. 

Sec. 3720. Reporting and record-keeping requirements relating to the detention of 

aliens. 

Sec. 3721. Powers of immigration officers and employees at sensitive locations. 

Subtitle H—Protection of Children Affected by Immigration Enforcement 

Sec. 3801. Short title. 

Sec. 3802. Definitions. 

Sec. 3803. Apprehension procedures for immigration enforcement-related activities. 

Sec. 3804. Access to children, State and local courts, child welfare agencies, and 

consular officials. 

Sec. 3805. Mandatory training. 

Sec. 3806. Rulemaking. 

Sec. 3807. Severability. 

TITLE IV—REFORMS TO NONIMMIGRANT VISA PROGRAMS 

Subtitle A—Employment-based Nonimmigrant Visas 

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


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

Sec. 4103. Eliminating impediments to worker mobility. 

Sec. 4104. STEM education and training. 

Sec. 4105. H–1B and L Visa fees. 

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. 

Sec. 4225. Transparency of high-skilled immigration programs. 

CHAPTER 3—OTHER PROTECTIONS

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

Sec. 4232. Requirements for information for H–1B and L nonimmigrants. 

Sec. 4233. Filing fee for H–1B-dependent employers. 

Sec. 4234. Providing premium processing of employment-based visa petitions. 

Sec. 4235. Technical correction. 

Sec. 4236. Application. 

Sec. 4237. Portability for beneficiaries of immigrant petitions. 

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. 

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. 


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Sec. 4406. Nonimmigrant elementary and secondary school students. 

Sec. 4407. J–1 Summer Work Travel Visa Exchange Visitor Program fee. 

Sec. 4408. J visa eligibility for speakers of certain foreign languages. 

Sec. 4409. F–1 Visa fee. 

Sec. 4410. Pilot program for remote B nonimmigrant visa interviews. 

Sec. 4411. Providing consular officers with access to all terrorist databases and 

requiring heightened scrutiny of applications for admission from 

persons listed on terrorist databases. 

Sec. 4412. Visa revocation information. 

Sec. 4413. Status for certain battered spouses and children. 

Sec. 4414. Nonimmigrant crewmen landing temporarily in Hawaii. 

Sec. 4415. Treatment of compact of free association migrants. 

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. 

Sec. 4509. B Visa fee. 

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. Executives and managers. 

Sec. 4604. Honoraria. 

Sec. 4605. Nonimmigrants participating in relief operations. 

Sec. 4606. 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. 

Sec. 4804. Permanent authorization of EB–5 Regional Center Program. 

Sec. 4805. Conditional permanent resident status for employment-based immigrants, spouses, and children. 

Sec. 4806. EB–5 Visa reforms. 

Sec. 4807. Authorization of appropriations. 

Subtitle I—Student and Exchange Visitor Programs 

Sec. 4901. Short title. 


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Sec. 4902. SEVIS and SEVP defined. 

Sec. 4903. Increased criminal penalties. 

Sec. 4904. Accreditation requirement. 

Sec. 4905. Other academic institutions. 

Sec. 4906. Penalties for failure to comply with SEVIS reporting requirements. 

Sec. 4907. Visa fraud. 

Sec. 4908. Background checks. 

Sec. 4909. Revocation of authority to issue Form I–20 of flight schools not certified by the Federal Aviation Administration. 

Sec. 4910. Revocation of accreditation. 

Sec. 4911. Report on risk assessment. 

Sec. 4912. Implementation of GAO recommendations. 

Sec. 4913. Implementation of SEVIS II. 

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 

5 sovereignty of the United States of America and es6 tablishing a coherent and just system for integrating 

7 those who seek to join American society. 

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

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

10 prosperous. As a Nation founded, built and sustained 

11 by immigrants we also have a responsibility to har12 ness the power of that tradition in a balanced way 

13 that secures a more prosperous future for America. 

14 (3) We have always welcomed newcomers to the 

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

16 order to qualify for the honor and privilege of even17 tual citizenship, our laws must be followed. The world 

18 depends on America to be strong—economically, mili19 tarily and ethically. The establishment of a stable, 


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1 just, and efficient immigration system only supports 

2 those goals. As a Nation, we have the right and re3 sponsibility to make our borders safe, to establish 

4 clear and just rules for seeking citizenship, to control 

5 the flow of legal immigration, and to eliminate illegal 

6 immigration, which in some cases has become a threat 

7 to our national security. 

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

9 right and need of the United States to achieve these 

10 goals, and to protect its borders and maintain its sov11 ereignty. 

12 SEC. 3. EFFECTIVE DATE TRIGGERS. 

13 (a) DEFINITIONS.—In this section: 

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

15 means the Southern Border Security Commission es16 tablished pursuant to section 4. 

17 (2) COMPREHENSIVE SOUTHERN BORDER SECU18 RITY STRATEGY.—The term ‘‘Comprehensive Southern 

19 Border Security Strategy’’ means the strategy estab20 lished by the Secretary pursuant to section 5(a) to 

21 achieve and maintain an effectiveness rate of 90 per22 cent or higher in all border sectors. 

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

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

25 in a Border Patrol sector— 


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1 (A) persistent surveillance; and 

2 (B) an effectiveness rate of 90 percent or 

3 higher. 

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

5 rate’’, in the case of a border sector, is the percentage 

6 calculated by dividing the number of apprehensions 

7 and turn backs in the sector during a fiscal year by 

8 the total number of illegal entries in the sector during 

9 such fiscal year. 

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

11 border’’ means the international border between the 

12 United States and Mexico. 

13 (6) SOUTHERN BORDER FENCING STRATEGY.— 

14 The term ‘‘Southern Border Fencing Strategy’’ means 

15 the strategy established by the Secretary pursuant to 

16 section 5(b) that identifies where fencing (including 

17 double-layer fencing), infrastructure, and technology, 

18 including at ports of entry, should be deployed along 

19 the Southern border. 

20 (b) BORDER SECURITY GOAL.—The Department’s bor21 der security goal is to achieve and maintain effective con22 trol in all border sectors along the Southern border. 

23 (c) TRIGGERS.— 

24 (1) PROCESSING OF APPLICATIONS FOR REG25 ISTERED PROVISIONAL IMMIGRANT STATUS.—Not earVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00855 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 lier than the date upon which the Secretary has sub2 mitted to Congress the Notice of Commencement of 

3 implementation of the Comprehensive Southern Bor4 der Security Strategy and the Southern Border Fenc5 ing Strategy under section 5 of this Act, the Secretary 

6 may commence processing applications for registered 

7 provisional immigrant status pursuant to section 

8 245B of the Immigration and Nationality Act, as 

9 added by section 2101 of this Act. 

10 (2) ADJUSTMENT OF STATUS OF REGISTERED

11 PROVISIONAL IMMIGRANTS.— 

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

13 subparagraph (B), the Secretary may not adjust 

14 the status of aliens who have been granted reg15 istered provisional immigrant status, except for 

16 aliens granted blue card status under section 

17 2201 of this Act or described in section 245D(b) 

18 of the Immigration and Nationality Act, until 

19 the Secretary, after consultation with the Comp20 troller General of the United States, submits to 

21 the President and Congress a written certifi22 cation that— 

23 (i) the Comprehensive Southern Border 

24 Security Strategy has been submitted to 


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1 Congress and is substantially deployed and 

2 substantially operational; 

3 (ii) the Southern Border Fencing 

4 Strategy has been submitted to Congress, 

5 implemented, and is substantially com6 pleted; 

7 (iii) the Secretary has implemented the 

8 mandatory employment verification system 

9 required by section 274A of the Immigra10 tion and Nationality Act (8 U.S.C. 1324a), 

11 as amended by section 3101, for use by all 

12 employers to prevent unauthorized workers 

13 from obtaining employment in the United 

14 States; and 

15 (iv) the Secretary is using an elec16 tronic exit system at air and sea ports of 

17 entry that operates by collecting machine18 readable visa or passport information from 

19 air and vessel carriers. 

20 (B) EXCEPTION.—The Secretary shall per21 mit registered provisional immigrants to apply 

22 for an adjustment to lawful permanent resident 

23 status if— 

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

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1 scribed in clauses (i) through (iv) of sub2 paragraph (A) from being implemented; or 

3 (II) the implementation of subpara4 graph (A) has been held unconstitutional by 

5 the Supreme Court of the United States or 

6 the Supreme Court has granted certiorari to 

7 the litigation on the constitutionality of im8 plementation of subparagraph (A); and 

9 (ii) 10 years have elapsed since the 

10 date of the enactment of this Act. 

11 (d) WAIVER OF LEGAL REQUIREMENTS NECESSARY

12 FOR IMPROVEMENT AT BORDERS.—Notwithstanding any 

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

14 all legal requirements that the Secretary determines to be 

15 necessary to ensure expeditious construction of the barriers, 

16 roads, or other physical tactical infrastructure needed to 

17 fulfill the requirements under this section. Any determina18 tion by the Secretary under this section shall be effective 

19 upon publication in the Federal Register of a notice that 

20 specifies each law that is being waived and the Secretary’s 

21 explanation for the determination to waive that law. The 

22 waiver shall expire on the later of the date on which the 

23 Secretary submits the written certification that the South24 ern Border Fencing Strategy is substantially completed as 

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1 retary submits the written certification that the Com2 prehensive Southern Border Security Strategy is substan3 tially deployed and substantially operational as specified 

4 in subsection (c)(2)(A)(i). 

5 (e) FEDERAL COURT REVIEW.— 

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

7 United States shall have exclusive jurisdiction to hear 

8 all causes or claims arising from any action under9 taken, or any decision made, by the Secretary under 

10 subsection (d). A cause of action or claim may only 

11 be brought alleging a violation of the Constitution of 

12 the United States. The court does not have jurisdic13 tion to hear any claim not specified in this para14 graph. 

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

16 claim under paragraph (1) is not filed within 60 

17 days after the date of the contested action or decision 

18 by the Secretary, the claim shall be barred. 

19 (3) APPELLATE REVIEW.—An interlocutory or 

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

21 may be reviewed only upon petition for a writ of cer22 tiorari to the Supreme Court of the United States. 

23 SEC. 4. SOUTHERN BORDER SECURITY COMMISSION. 

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

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1 der sectors during any fiscal year beginning before the date 

2 that is 5 years after the date of the enactment of this Act, 

3 not later than 60 days after such certification, there shall 

4 be established a commission to be known as the ‘‘Southern 

5 Border Security Commission’’ (referred to in this section 

6 as the ‘‘Commission’’). 

7 (b) COMPOSITION.— 

8 (1) IN GENERAL.—The Commission shall be com9 posed of— 

10 (A) 2 members who shall be appointed by 

11 the President; 

12 (B) 2 members who shall be appointed by 

13 the President pro tempore of the Senate, of 

14 which— 

15 (i) 1 shall be appointed upon the rec16 ommendation of the leader in the Senate of 

17 the political party that is not the political 

18 party of the President; and 

19 (ii) 1 shall be appointed upon the rec20 ommendation of the leader in the Senate of 

21 the other political party; 

22 (C) 2 members who shall be appointed by 

23 the Speaker of the House of Representatives, of 

24 which— 


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1 (i) 1 shall be appointed upon the rec2 ommendation of the leader in the House of 

3 Representatives of the political party that is 

4 not the political party of the President; and 

5 (ii) 1 shall be appointed upon the rec6 ommendation of the leader in the House of 

7 Representatives of the other political party; 

8 and 

9 (D) 4 members, consisting of 1 member 

10 from each of the States along the Southern bor11 der, who shall be— 

12 (i) the Governor of such State; or 

13 (ii) appointed by the Governor of each 

14 such State. 

15 (2) QUALIFICATION FOR APPOINTMENT.—Ap16 pointed members of the Commission shall be distin17 guished individuals noted for their knowledge and ex18 perience in the field of border security at the Federal, 

19 State, or local level. 

20 (3) TIME OF APPOINTMENT.—The appointments 

21 required by paragraph (1) shall be made not later 

22 than 60 days after the Secretary makes a certification 

23 described in subsection (a). 

24 (4) CHAIR.—At the first meeting of the Commis25 sion, a majority of the members of the Commission 


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1 present and voting shall elect the Chair of the Com2 mission. 

3 (5) VACANCIES.—Any vacancy of the Commis4 sion shall not affect its powers, but shall be filled in 

5 the manner in which the original appointment was 

6 made. 

7 (6) RULES.—The Commission shall establish the 

8 rules and procedures of the Commission which shall 

9 require the approval of at least 6 members of the 

10 Commission. 

11 (c) DUTIES.—The Commission’s primary responsi12 bility shall be to make recommendations to the President, 

13 the Secretary, and Congress on policies to achieve and 

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

15 by achieving and maintaining— 

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

17 persistent surveillance in border sectors along the 

18 Southern border; and 

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

20 in all border sectors along the Southern border. 

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

22 of the 5-year period described in subsection (a), the Com23 mission shall submit to the President, the Secretary, and 

24 Congress a report setting forth specific recommendations for 

25 policies for achieving and maintaining the border security 


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1 goals specified in subsection (c). The report shall include, 

2 at a minimum, recommendations for the personnel, infra3 structure, technology, and other resources required to 

4 achieve and maintain an effectiveness rate of 90 percent 

5 or higher in all border sectors. 

6 (e) TRAVEL EXPENSES.—Members of the Commission 

7 shall be allowed travel expenses, including per diem in lieu 

8 of subsistence rates authorized for employees of agencies 

9 under subchapter I of chapter 57 of title 5, United States 

10 Code, while away from their homes or regular places of 

11 business in the performance of services for the Commission. 

12 (f) ADMINISTRATIVE SUPPORT.—The Secretary shall 

13 provide the Commission such staff and administrative serv14 ices as may be necessary and appropriate for the Commis15 sion to perform its functions. Any employee of the executive 

16 branch of Government may be detailed to the Commission 

17 without reimbursement to the agency of that employee and 

18 such detail shall be without interruption or loss of civil 

19 service or status or privilege. 

20 (g) COMPTROLLER GENERAL REVIEW.—The Comp21 troller General of the United States shall review the rec22 ommendations in the report submitted under subsection (d) 

23 in order to determine— 

24 (1) whether any of the recommendations are like25 ly to achieve effective control in all border sectors; 


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1 (2) which recommendations are most likely to 

2 achieve effective control; and 

3 (3) whether such recommendations are feasible 

4 within existing budget constraints. 

5 (h) TERMINATION.—The Commission shall terminate 

6 30 days after the date on which the report is submitted 

7 under subsection (d). 

8 SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY 

9 STRATEGY AND SOUTHERN BORDER FENCING 

10 STRATEGY. 

11 (a) COMPREHENSIVE SOUTHERN BORDER SECURITY

12 STRATEGY.— 

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

14 the date of the enactment of this Act, the Secretary 

15 shall submit a strategy, to be known as the ‘‘Com16 prehensive Southern Border Security Strategy’’, for 

17 achieving and maintaining effective control between 

18 the ports of entry in all border sectors along the 

19 Southern border, to— 

20 (A) the Committee on Homeland Security 

21 and Governmental Affairs of the Senate; 

22 (B) the Committee on Homeland Security of 

23 the House of Representatives; 

24 (C) the Committee on Appropriations of the 

25 Senate; 


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1 (D) the Committee on Appropriations of the 

2 House of Representatives; 

3 (E) the Committee on the Judiciary of the 

4 Senate; 

5 (F) the Committee on the Judiciary of the 

6 House of Representatives; and 

7 (G) the Comptroller General of the United 

8 States. 

9 (2) ELEMENTS.—The Comprehensive Southern 

10 Border Security Strategy shall specify— 

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

12 strategy to be successfully executed; 

13 (B) the capabilities that must be obtained to 

14 meet each of the priorities referred to in sub15 paragraph (A), including— 

16 (i) surveillance and detection capabili17 ties developed or used by the Department of 

18 Defense to increase situational awareness; 

19 and 

20 (ii) the requirement for stationing suf21 ficient Border Patrol agents and Customs 

22 and Border Protection officers between and 

23 at ports of entry along the Southern border; 

24 and 


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1 (C) the resources, including personnel, in2 frastructure, and technology that must be pro3 cured and successfully deployed to obtain the ca4 pabilities referred to in subparagraph (B), in5 cluding— 

6 (i) fixed, mobile, and agent portable 

7 surveillance systems; and 

8 (ii) unarmed, unmanned aerial sys9 tems and unarmed, fixed-wing aircraft and 

10 necessary and qualified staff and equipment 

11 to fully utilize such systems. 

12 (3) ADDITIONAL ELEMENTS REGARDING EXECU13 TION.—The Comprehensive Southern Border Security 

14 Strategy shall describe— 

15 (A) how the resources referred to in para16 graph (2)(C) will be properly aligned with the 

17 priorities referred to in paragraph (2)(A) to en18 sure that the strategy will be successfully exe19 cuted; 

20 (B) the interim goals that must be accom21 plished to successfully implement the strategy; 

22 and 

23 (C) the schedule and supporting milestones 

24 under which the Department will accomplish the 

25 interim goals referred to in subparagraph (B). 


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1 (4) IMPLEMENTATION.— 

2 (A) IN GENERAL.—The Secretary shall com3 mence the implementation of the Comprehensive 

4 Southern Border Security Strategy immediately 

5 after submitting the strategy under paragraph 

6 (1). 

7 (B) NOTICE OF COMMENCEMENT.—Upon 

8 commencing the implementation of the strategy, 

9 the Secretary shall submit a notice of commence10 ment of such implementation to— 

11 (i) Congress; and 

12 (ii) the Comptroller General of the 

13 United States. 

14 (5) SEMIANNUAL REPORTS.— 

15 (A) IN GENERAL.—Not later than 180 days 

16 after the Comprehensive Southern Border Secu17 rity Strategy is submitted under paragraph (1), 

18 and every 180 days thereafter, the Secretary 

19 shall submit a report on the status of the Depart20 ment’s implementation of the strategy to— 

21 (i) the Committee on Homeland Secu22 rity and Governmental Affairs of the Sen23 ate; 

24 (ii) the Committee on Homeland Secu25 rity of the House of Representatives; 


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1 (iii) the Committee on Appropriations 

2 of the Senate; 

3 (iv) the Committee on Appropriations 

4 of the House of Representatives; 

5 (v) the Committee on the Judiciary of 

6 the Senate; 

7 (vi) the Committee on the Judiciary of 

8 the House of Representatives; and 

9 (vii) the Comptroller General of the 

10 United States. 

11 (B) ELEMENTS.—Each report submitted 

12 under subparagraph (A) shall include— 

13 (i) a detailed description of the steps 

14 the Department has taken, or plans to take, 

15 to execute the strategy submitted under 

16 paragraph (1), including the progress made 

17 toward achieving the interim goals and 

18 milestone schedule established pursuant to 

19 subparagraphs (B) and (C) of paragraph 

20 (3); 

21 (ii) a detailed description of— 

22 (I) any impediments identified in 

23 the Department’s efforts to execute the 

24 strategy; 


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1 (II) the actions the Department 

2 has taken, or plans to take, to address 

3 such impediments; and 

4 (III) any additional measures de5 veloped by the Department to measure 

6 the state of security along the Southern 

7 border; and 

8 (iii) for each Border Patrol sector 

9 along the Southern border— 

10 (I) the effectiveness rate for each 

11 individual Border Patrol sector and 

12 the aggregated effectiveness rate; 

13 (II) the number of recidivist ap14 prehensions, sorted by Border Patrol 

15 sector; and 

16 (III) the recidivism rate for all 

17 unique subjects that received a crimi18 nal consequence through the Con19 sequence Delivery System process. 

20 (C) ANNUAL REVIEW.—The Comptroller 

21 General of the United States shall conduct an 

22 annual review of the information contained in 

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1 ern Border Security Strategy to the committees 

2 set forth in subparagraph (A). 

3 (b) SOUTHERN BORDER FENCING STRATEGY.— 

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

5 after the date of the enactment of this Act, the Sec6 retary shall establish a strategy, to be known as the 

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

8 where fencing (including double-layer fencing), infra9 structure, and technology, including at ports of entry, 

10 should be deployed along the Southern border. 

11 (2) SUBMISSION.—The Secretary shall submit 

12 the Southern Border Fencing Strategy to Congress 

13 and the Comptroller General of the United States for 

14 review. 

15 (3) NOTICE OF COMMENCEMENT.—Upon com16 mencing the implementation of the Southern Border 

17 Fencing Strategy, the Secretary shall submit a notice 

18 of commencement of the implementation of the Strat19 egy to Congress and the Comptroller General of the 

20 United States. 

21 (4) CONSULTATION.— 

22 (A) IN GENERAL.—In implementing the 

23 Southern Border Fencing Strategy required by 

24 this subsection, the Secretary shall consult with 

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1 riculture, States, local governments, Indian 

2 tribes, and property owners in the United States 

3 to minimize the impact on the environment, cul4 ture, commerce, and quality of life for the com5 munities and residents located near the sites at 

6 which such fencing is to be constructed. 

7 (B) SAVINGS PROVISION.—Nothing in this 

8 paragraph may be construed to— 

9 (i) create or negate any right of action 

10 for a State or local government or other per11 son or entity affected by this subsection; or 

12 (ii) affect the eminent domain laws of 

13 the United States or of any State. 

14 (5) LIMITATION ON REQUIREMENTS.—Notwith15 standing paragraph (1), nothing in this subsection 

16 shall require the Secretary to install fencing, or infra17 structure that directly results from the installation of 

18 such fencing, in a particular location along the 

19 Southern border, if the Secretary determines that the 

20 use or placement of such resources is not the most ap21 propriate means to achieve and maintain effective 

22 control over the Southern border at such location. 

23 SEC. 6. COMPREHENSIVE IMMIGRATION REFORM FUNDS. 

24 (a) COMPREHENSIVE IMMIGRATION REFORM TRUST

25 FUND.— 


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1 (1) ESTABLISHMENT.—There is established in 

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

3 Comprehensive Immigration Reform Trust Fund (re4 ferred to in this section as the ‘‘Trust Fund’’), con5 sisting of— 

6 (A) amounts transferred from the general 

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

8 and 

9 (B) proceeds from the fees described in 

10 paragraph (2)(B). 

11 (2) DEPOSITS.— 

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

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

14 2013, $8,300,000,000 shall be transferred from 

15 the general fund of the Treasury to the Trust 

16 Fund. 

17 (B) ONGOING FUNDING.—Notwithstanding 

18 section 3302 of title 31, United States Code, in 

19 addition to the funding described in subpara20 graph (A), and subject to paragraphs (3)(B) and 

21 (4), the following amounts shall be deposited in 

22 the Trust Fund: 

23 (i) ELECTRONIC TRAVEL AUTHORIZA24 TION SYSTEM FEES.—Fees collected under 

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1 tion and Nationality Act, as added by sec2 tion 1102(c). 

3 (ii) REGISTERED PROVISIONAL IMMI4 GRANT PENALTIES.—Penalties collected 

5 under section 245B(c)(10)(C) of the Immi6 gration and Nationality Act, as added by 

7 section 2101. 

8 (iii) BLUE CARD PENALTY.—Penalties 

9 collected under section 2211(b)(9)(C). 

10 (iv) FINE FOR ADJUSTMENT FROM

11 BLUE CARD STATUS.—Fines collected under 

12 section 245F(a)(5) of the Immigration and 

13 Nationality Act, as added by section 

14 2212(a). 

15 (v) PENALTIES FOR FALSE STATE16 MENTS IN APPLICATIONS.—Fines collected 

17 under section 245F(f) of the Immigration 

18 and Nationality Act, as added by section 

19 2212(a). 

20 (vi) MERIT SYSTEM GREEN CARD

21 FEES.—Fees collected under section 

22 203(c)(6) of the Immigration and Nation23 ality Act, as amended by section 2301(a)(2). 

24 (vii) H–1B AND L VISA FEES.—Fees 

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1 gration and Nationality Act, as added by 

2 section 4105. 

3 (viii) H–1B OUTPLACEMENT FEE.— 

4 Fees collected under section 212(n)(1)(F)(ii) 

5 of the Immigration and Nationality Act, as 

6 amended by section 4211(d). 

7 (ix) H–1B NONIMMIGRANT DEPENDENT

8 EMPLOYER FEES.—Fees collected under sec9 tion 4233(a)(2). 

10 (x) L NONIMMIGRANT DEPENDENT EM11 PLOYER FEES.—Fees collected under section 

12 4305(a)(2). 

13 (xi) J–1 VISA MITIGATION FEES.—Fees 

14 collected under section 281(e) of the Immi15 gration and Nationality Act, as added by 

16 section 4407. 

17 (xii) F–1 VISA FEES.—Fees collected 

18 under section 281(f) of the Immigration and 

19 Nationality Act, as added by section 4408. 

20 (xiii) RETIREE VISA FEES.—Fees col21 lected under section 214(w)(1)(B) of the Im22 migration and Nationality Act, as added by 

23 section 4504(b). 

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1 tion and Nationality Act, as added by sec2 tion 4509. 

3 (xv) H–2B VISA FEES.—Fees collected 

4 under section 214(x)(5)(A) of the Immigra5 tion and Nationality Act, as added by sec6 tion 4602(a). 

7 (xvi) NONIMMIGRANTS PERFORMING

8 MAINTENANCE ON COMMON CARRIERS.—Fees 

9 collected under section 214(z) of the Immi10 gration and Nationality Act, as added by 

11 section 4604. 

12 (xvii) X–1 VISA FEES.—Fees collected 

13 under section 214(s)(6) of the Immigration 

14 and Nationality Act, as added by section 

15 4801. 

16 (xviii) PENALTY FOR ADJUSTMENT

17 FROM REGISTERED PROVISIONAL IMMI18 GRANT STATUS.—Penalties collected under 

19 section 245C(c)(5)(B) of the Immigration 

20 and Nationality Act, as added by section 

21 2102. 

22 (C) AUTHORITY TO ADJUST FEES.—As nec23 essary to carry out the purposes of this Act, the 

24 Secretary may adjust the amounts of the fees 

25 and penalties set out under subparagraph (B), 


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1 except for the fines and penalties referred to in 

2 clauses (ii), (iii), (iv), or (xviii) of such subpara3 graph. 

4 (3) USE OF FUNDS.— 

5 (A) INITIAL FUNDING.—Of the amounts 

6 transferred to the Trust Fund pursuant to para7 graph (2)(A)— 

8 (i) $3,000,000,000 shall remain avail9 able for the 5-year period beginning on the 

10 date specified in paragraph (2)(A) for use 

11 by the Secretary to carry out the Com12 prehensive Southern Border Security Strat13 egy; 

14 (ii) $2,000,000,000 shall remain avail15 able for the 10-year period beginning on the 

16 date specified in paragraph (2)(A) for use 

17 by the Secretary to carry out programs, 

18 projects, and activities recommended by the 

19 Commission pursuant to section 4(d) to 

20 achieve and maintain the border security 

21 goal specified in section 3(b); 

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

23 available to the Secretary, during the 5-year 

24 period beginning on the date of the enact25 ment of this Act, to procure and deploy 


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1 fencing, infrastructure, and technology in 

2 accordance with the Southern Border Fenc3 ing Strategy established pursuant to section 

4 5(b), not less than $1,000,000,000 of which 

5 shall be used to deploy, repair, or replace 

6 fencing; 

7 (iv) $750,000,000 shall remain avail8 able for the 6-year period beginning on the 

9 date specified in paragraph (2)(A) for use 

10 by the Secretary to expand and implement 

11 the mandatory employment verification sys12 tem, which shall be used as required by sec13 tion 274A of the Immigration and Nation14 ality Act (8 U.S.C. 1324a), as amended by 

15 section 3101; 

16 (v) $900,000,000 shall remain avail17 able for the 8-year period beginning on the 

18 date specified in paragraph (2)(A) for use 

19 by the Secretary of State to pay for one20 time and startup costs necessary to imple21 ment this Act; and 

22 (vi) $150,000,000 shall remain avail23 able for the 2-year period beginning on the 

24 date specified in paragraph (2)(A) for use 

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1 retary of Labor, the Secretary of Agri2 culture, or the Attorney General, for initial 

3 costs of implementing this Act. 

4 (B) REPAYMENT OF TRUST FUND EX5 PENSES.—The first $8,300,000,000 collected pur6 suant to the fees, penalties, and fines referred to 

7 in clauses (ii), (iii), (iv), (vi), (xiii), (xvii), and 

8 (xviii) of paragraph (2)(B) shall be collected, de9 posited in the general fund of the Treasury, and 

10 used for Federal budget deficit reduction. Collec11 tions in excess of $8,300,000,000 shall be depos12 ited into the Trust Fund, as specified in para13 graph (2)(B). 

14 (C) PROGRAM IMPLEMENTATION.—Amounts 

15 deposited into the Trust Fund pursuant to para16 graph (2)(B) shall be available during each of 

17 fiscal years 2014 through 2018 as follows: 

18 (i) $50,000,000 to carry out the activi19 ties referenced in section 1104(a)(1). 

20 (ii) $50,000,000 to carry out the ac21 tivities referenced in section 1104(b). 

22 (D) ONGOING FUNDING.—Subject to the 

23 availability of appropriations, amounts depos24 ited in the Trust Fund pursuant to paragraph 


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1 (2)(B) are authorized to be appropriated as fol2 lows: 

3 (i) Such sums as may be necessary to 

4 carry out the authorizations included in 

5 this Act. 

6 (ii) Such sums as may be necessary to 

7 carry out the operations and maintenance 

8 of border security and immigration enforce9 ment investments referenced in subpara10 graph (A). 

11 (E) EXPENDITURE PLAN.—The Secretary, 

12 in consultation with the Attorney General and 

13 the Secretary of Defense, shall submit to the 

14 Committee on Appropriations of the Senate, the 

15 Committee on the Judiciary of the Senate, the 

16 Committee on Appropriations of the House of 

17 Representatives, and the Committee on the Judi18 ciary of the House of Representatives, in con19 junction with the Comprehensive Southern Bor20 der Strategy and the Southern Border Fencing 

21 Strategy, a plan for expenditure that describes— 

22 (i) the types and planned deployment 

23 of fixed, mobile, video, and agent and officer 

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1 ment, including those recommended or pro2 vided by the Department of Defense; 

3 (ii) the number of Border Patrol 

4 agents and Customs and Border Protection 

5 officers to be hired, including a detailed de6 scription of which Border Patrol sectors and 

7 which land border ports of entry they will 

8 be stationed; 

9 (iii) the numbers and type of unarmed, 

10 unmanned aerial systems and unarmed, 

11 fixed-wing and rotary aircraft, including 

12 pilots, air interdiction agents, and support 

13 staff to fly or otherwise operate and main14 tain the equipment; 

15 (iv) the numbers, types, and planned 

16 deployment of marine and riverine vessels, 

17 if any, including marine interdiction 

18 agents and support staff to operate and 

19 maintain the vessels; 

20 (v) the locations, amount, and planned 

21 deployment of fencing, including double 

22 layer fencing, tactical and other infrastruc23 ture, and technology, including but not lim24 ited to fixed towers, sensors, cameras, and 

25 other detection technology; 


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1 (vi) the numbers, types, and planned 

2 deployment of ground-based mobile surveil3 lance systems; 

4 (vii) the numbers, types, and planned 

5 deployment of tactical and other interoper6 able law enforcement communications sys7 tems and equipment; 

8 (viii) required construction, including 

9 repairs, expansion, and maintenance, and 

10 location of additional checkpoints, Border 

11 Patrol stations, and forward operating 

12 bases; 

13 (ix) the number of additional attorneys 

14 and support staff for the Office of the 

15 United States Attorney for Tucson; 

16 (x) the number of additional support 

17 staff and interpreters in the Office of the 

18 Clerk of the Court for Tucson; 

19 (xi) the number of additional per20 sonnel, including Marshals and Deputy 

21 Marshals for the United States Marshals Of22 fice for Tucson; 

23 (xii) the number of additional mag24 istrate judges for the southern border United 

25 States District Courts; 


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1 (xiii) activities to be funded by the 

2 Homeland Security Border Oversight Task 

3 Force; 

4 (xiv) amounts and types of grants to 

5 States and other entities; 

6 (xv) amounts and activities necessary 

7 to hire additional personnel and for start8 up costs related to upgrading software and 

9 information technology necessary to transi10 tion from a voluntary E-Verify system to 

11 mandatory employment verification system 

12 under section 274A of the Immigration and 

13 Nationality Act (8 U.S.C. 1324a) within 5 

14 years; 

15 (xvi) the number of additional per16 sonnel and other costs associated with im17 plementing the immigration courts and re18 moval proceedings mandated in subtitle E 

19 of title III; 

20 (xvii) the steps the Commissioner of 

21 Social Security plans to take to create a 

22 fraud-resistant, tamper-resistant, wear-re23 sistant, and identity-theft resistant Social 

24 Security card, including— 


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1 (I) the types of equipment needed 

2 to create the card; 

3 (II) the total estimated costs for 

4 completion that clearly delineates costs 

5 associated with the acquisition of 

6 equipment and transition to operation, 

7 subdivided by fiscal year and includ8 ing a description of the purpose by fis9 cal year for design, pre-acquisition ac10 tivities, production, and transition to 

11 operation; 

12 (III) the number and type of per13 sonnel, including contract personnel, 

14 required to research, design, test, and 

15 produce the card; and 

16 (IV) a detailed schedule for pro17 duction of the card, including an esti18 mated completion date at the projected 

19 funding level provided in this Act; and 

20 (xviii) the operations and maintenance 

21 costs associated with the implementation of 

22 clauses (i) through (xvii). 

23 (F) ANNUAL REVISION.—The expenditure 

24 plan required in (E) shall be revised and sub25 mitted with the President’s budget proposals for 


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1 fiscal year 2016, 2017, 2018, and 2019 pursuant 

2 to the requirements of section 1105(a) of title 31, 

3 United States Code. 

4 (G) COMMISSION EXPENDITURE PLAN.— 

5 (i) REQUIREMENT FOR PLAN.—If the 

6 Southern Border Security Commission ref7 erenced in section 4 is established, the Sec8 retary shall submit to the appropriate com9 mittees of Congress, not later than 60 days 

10 after the submission of the review required 

11 by section 4(g), a plan for expenditure that 

12 achieves the recommendations in the report 

13 required by section 4(d) and the review re14 quired by section 4(g). 

15 (ii) APPROPRIATE COMMITTEES OF

16 CONGRESS DEFINED.—In clause (i), the 

17 term ‘‘appropriate committees of Congress’’ 

18 means— 

19 (I) the Committee on Appropria20 tions, the Committee on the Judiciary, 

21 and the Committee on Finance of the 

22 Senate; and 

23 (II) the Committee on Appropria24 tions, the Committee on the Judiciary, 


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1 and the Committee on Ways and 

2 Means of the House of Representatives. 

3 (4) LIMITATION ON COLLECTION.— 

4 (A) IN GENERAL.—No fee deposited in the 

5 Trust Fund may be collected except to the extent 

6 that the expenditure of the fee is provided for in 

7 advance in an appropriations Act only to pay 

8 the costs of activities and services for which ap9 propriations are authorized to be funded from 

10 the Trust Fund. 

11 (B) RECEIPTS COLLECTED AS OFFSETTING

12 RECEIPTS.—Until the date of the enactment of 

13 an Act making appropriations for the activities 

14 authorized under this Act through September 30, 

15 2014, the fees authorized by paragraph (2)(B) 

16 that are not deposited into the general fund pur17 suant to paragraph (3)(B) may be collected and 

18 shall be credited as to the Trust Fund to remain 

19 available until expended only to pay the costs of 

20 activities and services for which appropriations 

21 are authorized to be funded from the Trust 

22 Fund. 

23 (b) COMPREHENSIVE IMMIGRATION REFORM STARTUP

24 ACCOUNT.— 


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1 (1) ESTABLISHMENT.—There is established in 

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

3 ‘‘Comprehensive Immigration Reform Startup Ac4 count,’’ (referred to in this section as the ‘‘Startup 

5 Account’’), consisting of amounts transferred from the 

6 general fund of the Treasury under paragraph (2). 

7 (2) DEPOSITS.—There is appropriated to the 

8 Startup Account, out of any funds in the Treasury 

9 not otherwise appropriated, $3,000,000,000, to re10 main available until expended on the later of the date 

11 that is— 

12 (A) the date of the enactment of this Act; or 

13 (B) October 1, 2013. 

14 (3) REPAYMENT OF STARTUP COSTS.— 

15 (A) IN GENERAL.—Notwithstanding section 

16 286(m) of the Immigration and Nationality Act 

17 (8 U.S.C. 1356(m)), 50 percent of fees collected 

18 under section 245B(c)(10)(A) of the Immigration 

19 and Nationality Act, as added by section 2101 of 

20 this Act, shall be deposited monthly in the gen21 eral fund of the Treasury and used for Federal 

22 budget deficit reduction until the funding pro23 vided by paragraph (2) has been repaid. 

24 (B) DEPOSIT IN THE IMMIGRATION EXAMI25 NATIONS FEE ACCOUNT.—Fees collected in excess 


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1 of the amount referenced in subparagraph (A) 

2 shall be deposited in the Immigration Examina3 tions Fee Account, pursuant to section 286(m) of 

4 the Immigration and Nationality Act (8 U.S.C. 

5 1356(m)), and shall remain available until ex6 pended pursuant to section 286(n) of the Immi7 gration and Nationality Act (8 U.S.C. 1356(n)). 

8 (4) USE OF FUNDS.—The Secretary shall use the 

9 amounts transferred to the Startup Account to pay 

10 for one-time and startup costs necessary to implement 

11 this Act, including— 

12 (A) equipment, information technology sys13 tems, infrastructure, and human resources; 

14 (B) outreach to the public, including devel15 opment and promulgation of any regulations, 

16 rules, or other public notice; 

17 (C) grants to community and faith-based 

18 organizations; and 

19 (D) anti-fraud programs and actions re20 lated to implementation of this Act. 

21 (5) EXPENDITURE PLAN.—Not later than 90 

22 days after the date of the enactment of this Act, the 

23 Secretary, in consultation with the Attorney General 

24 and the Secretary of Defense, shall submit to the 

25 Committee on Appropriations and the Committee on 


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1 the Judiciary of the Senate and the Committee on 

2 Appropriations and the Committee on the Judiciary 

3 of the House of Representatives, a plan for expendi4 ture of the one-time and startup funds in the Startup 

5 Account that provides details on— 

6 (A) the types of equipment, information 

7 technology systems, infrastructure, and human 

8 resources; 

9 (B) the plans for outreach to the public, in10 cluding development and promulgation of any 

11 regulations, rules, or other public notice; 

12 (C) the types and amounts of grants to com13 munity and faith-based organizations; and 

14 (D) the anti-fraud programs and actions re15 lated to implementation of this Act. 

16 (c) ANNUAL AUDITS.— 

17 (1) AUDITS REQUIRED.—Not later than October 

18 1 each year beginning on or after the date of the en19 actment of this Act, the Chief Financial Officer of the 

20 Department of Homeland Security shall, in conjunc21 tion with the Inspector General of the Department of 

22 Homeland Security, conduct an audit of the Trust 

23 Fund. 

24 (2) REPORTS.—Upon completion of each audit of 

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1 nancial Officer shall, in conjunction with the Inspec2 tor General, submit to Congress, and make available 

3 to the public on an Internet website of the Depart4 ment available to the public, a jointly audited finan5 cial statement concerning the Trust Fund. 

6 (3) ELEMENTS.—Each audited financial state7 ment under paragraph (2) shall include the following: 

8 (A) The report of an independent certified 

9 public accountant. 

10 (B) A balance sheet reporting admitted as11 sets, liabilities, capital and surplus. 

12 (C) A statement of cash flow. 

13 (D) Such other information on the Trust 

14 Fund as the Chief Financial Officer, the Inspec15 tor General, or the independent certified public 

16 accountant considers appropriate to facilitate a 

17 comprehensive understanding of the Trust Fund 

18 during the year covered by the financial state19 ment. 

20 (d) DETERMINATION OF BUDGETARY EFFECTS.— 

21 (1) EMERGENCY DESIGNATION FOR CONGRES22 SIONAL ENFORCEMENT.—In the Senate, amounts ap23 propriated by or deposited in the general fund of the 

24 Treasury pursuant to this section are designated as 

25 an emergency requirement pursuant to section 403(a) 


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1 of S. Con. Res. 13 (111th Congress), the concurrent 

2 resolution on the budget for fiscal year 2010. 

3 (2) EMERGENCY DESIGNATION FOR STATUTORY

4 PAYGO.—Amounts appropriated by or deposited in 

5 the general fund of the Treasury pursuant to this sec6 tion are designated as an emergency requirement 

7 under section 4(g) of the Statutory Pay-As-You-Go 

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

9 SEC. 7. REFERENCE TO THE IMMIGRATION AND NATION10 ALITY ACT. 

11 Except as otherwise expressly provided, whenever in 

12 this Act an amendment or repeal is expressed in terms of 

13 an amendment to, or repeal of, a section or other provision, 

14 the reference shall be considered to be made to a section or 

15 other provision of the Immigration and Nationality Act (8 

16 U.S.C. 1101 et seq.). 

17 SEC. 8. DEFINITIONS. 

18 In this Act: 

19 (1) DEPARTMENT.—Except as otherwise pro20 vided, the term ‘‘Department’’ means the Department 

21 of Homeland Security. 

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

23 the term ‘‘Secretary’’ means the Secretary of Home24 land Security. 


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1 SEC. 9. GRANT ACCOUNTABILITY. 

2 (a) DEFINITIONS.—In this section: 

3 (1) AWARDING ENTITIES.—The term ‘‘awarding 

4 entities’’ means the Secretary of Homeland Security, 

5 the Director of the Federal Emergency Management 

6 Agency (FEMA), the Chief of the Office of Citizenship 

7 and New Americans, as designated by this Act, and 

8 the Director of the National Science Foundation. 

9 (2) NONPROFIT ORGANIZATION.—The term ‘‘non10 profit organization’’ means an organization that is 

11 described in section 501(c)(3) of the Internal Revenue 

12 Code of 1986 and is exempt from taxation under sec13 tion 501(a) of such Code. 

14 (3) UNRESOLVED AUDIT FINDING.—The term 

15 ‘‘unresolved audit finding’’ means a finding in a 

16 final audit report conducted by the Inspector General 

17 of the Department of Homeland Security, or the In18 spector General for the National Science Foundation 

19 for grants awarded by the Director of the National 

20 Science Foundation, that the audited grantee has uti21 lized grant funds for an unauthorized expenditure or 

22 otherwise unallowable cost that is not closed or re23 solved within 1 year from the date when the final 

24 audit report is issued. 


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1 (b) ACCOUNTABILITY.—All grants awarded by award2 ing entities pursuant to this Act shall be subject to the fol3 lowing accountability provisions: 

4 (1) AUDIT REQUIREMENT.— 

5 (A) AUDITS.—Beginning in the first fiscal 

6 year beginning after the date of the enactment of 

7 this section, and in each fiscal year thereafter, 

8 the Inspector General of the Department of 

9 Homeland Security, or the Inspector General for 

10 the National Science Foundation for grants 

11 awarded by the Director of the National Science 

12 Foundation, shall conduct audits of recipients of 

13 grants under this Act to prevent waste, fraud, 

14 and abuse of funds by grantees. The Inspector 

15 Generals shall determine the appropriate number 

16 of grantees to be audited each year. 

17 (B) MANDATORY EXCLUSION.—A recipient 

18 of grant funds under this Act that is found to 

19 have an unresolved audit finding shall not be eli20 gible to receive grant funds under this Act dur21 ing the first 2 fiscal years beginning after the 

22 end of the 1-year period described in subsection 

23 (a)(3). 

24 (C) PRIORITY.—In awarding grants under 

25 this Act, the awarding entities shall give priority 


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1 to eligible applicants that did not have an unre2 solved audit finding during the 3 fiscal years be3 fore submitting an application for a grant under 

4 this Act. 

5 (D) REIMBURSEMENT.—If an entity is 

6 awarded grant funds under this Act during the 

7 2-fiscal-year period during which the entity is 

8 barred from receiving grants under subpara9 graph (B), the awarding entity shall— 

10 (i) deposit an amount equal to the 

11 amount of the grant funds that were im12 properly awarded to the grantee into the 

13 General Fund of the Treasury; and 

14 (ii) seek to recoup the costs of the re15 payment to the fund from the grant recipi16 ent that was erroneously awarded grant 

17 funds. 

18 (2) NONPROFIT ORGANIZATION REQUIRE19 MENTS.— 

20 (A) PROHIBITION.—An awarding entity 

21 may not award a grant under this Act to a non22 profit organization that holds money in offshore 

23 accounts for the purpose of avoiding paying the 

24 tax described in section 511(a) of the Internal 

25 Revenue Code of 1986. 


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1 (B) DISCLOSURE.—Each nonprofit organi2 zation that is awarded a grant under this Act 

3 and uses the procedures prescribed in regulations 

4 to create a rebuttable presumption of reasonable5 ness for the compensation of its officers, direc6 tors, trustees, and key employees, shall disclose to 

7 the awarding entity, in the application for the 

8 grant, the process for determining such com9 pensation, including the independent persons in10 volved in reviewing and approving such com11 pensation, the comparability data used, and con12 temporaneous substantiation of the deliberation 

13 and decision. Upon request, the awarding entity 

14 shall make the information disclosed under this 

15 subparagraph available for public inspection. 

16 (3) CONFERENCE EXPENDITURES.— 

17 (A) LIMITATION.—No amounts authorized 

18 to be appropriated to the Department of Home19 land Security or the National Science Founda20 tion for grant programs under this Act may be 

21 used by an awarding entity or by any indi22 vidual or entity awarded discretionary funds 

23 through a cooperative agreement under this Act 

24 to host or support any expenditure for con25 ferences that uses more than $20,000 in funds 


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1 made available by the Department of Homeland 

2 Security or the National Science Foundation un3 less the Deputy Secretary for Homeland Secu4 rity, or the Deputy Director of the National 

5 Science Foundation, or their designee, provides 

6 prior written authorization that the funds may 

7 be expended to host the conference. 

8 (B) WRITTEN APPROVAL.—Written ap9 proval under subparagraph (A) shall include a 

10 written estimate of all costs associated with the 

11 conference, including the cost of all food, bev12 erages, audio-visual equipment, honoraria for 

13 speakers, and entertainment. 

14 (C) REPORT.—The Deputy Secretary of 

15 Homeland Security and the Deputy Director of 

16 the National Science Foundation shall submit an 

17 annual report to Congress on all conference ex18 penditures approved under this paragraph. 

19 (4) ANNUAL CERTIFICATION.—Beginning in the 

20 first fiscal year beginning after the date of the enact21 ment of this subsection, each awarding entity shall 

22 submit to Congress a report— 

23 (A) indicating whether— 

24 (i) all audits issued by the Offices of 

25 the Inspector General under paragraph (1) 


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1 have been completed and reviewed by the 

2 appropriate individuals; 

3 (ii) all mandatory exclusions required 

4 under paragraph (1)(B) have been issued; 

5 and 

6 (iii) all reimbursements required under 

7 paragraph (1)(D) have been made; and 

8 (B) including a list of any grant recipients 

9 excluded under paragraph (1) from the previous 

10 year. 

11 TITLE I—BORDER SECURITY 

12 SEC. 1101. DEFINITIONS. 

13 In this title: 

14 (1) NORTHERN BORDER.—The term ‘‘Northern 

15 border’’ means the international border between the 

16 United States and Canada. 

17 (2) RURAL, HIGH-TRAFFICKED AREAS.—The 

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

19 through which drugs and undocumented aliens are 

20 routinely smuggled, as designated by the Commis21 sioner of U.S. Customs and Border Protection. 

22 (3) SOUTHERN BORDER.—The term ‘‘Southern 

23 border’’ means the international border between the 

24 United States and Mexico. 


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1 (4) SOUTHWEST BORDER REGION.—The term 

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

3 United States that is within 100 miles of the South4 ern border. 

5 SEC. 1102. ADDITIONAL U.S. CUSTOMS AND BORDER PRO6 TECTION OFFICERS. 

7 (a) IN GENERAL.—Not later than September 30, 2017, 

8 the Secretary shall increase the number of trained U.S. Cus9 toms and Border Protection officers by 3,500, compared to 

10 the number of such officers as of the date of the enactment 

11 of this Act. The Secretary shall make progress in increasing 

12 such number of officers during each of the fiscal years 2014 

13 through 2017. 

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

15 be construed to preclude the Secretary from reassigning or 

16 stationing U.S. Customs and Border Protection Officers 

17 and U.S. Border Patrol Agents from the Northern border 

18 to the Southern border. 

19 (c) FUNDING.—Section 217(h)(3)(B) (8 U.S.C. 

20 1187(h)(3)(B)) is amended— 

21 (1) in clause (i)— 

22 (A) by striking ‘‘No later than 6 months 

23 after the date of enactment of the Travel Pro24 motion Act of 2009, the’’ and inserting ‘‘The’’; 


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1 (B) in subclause (I), by striking ‘‘and’’ at 

2 the end; 

3 (C) by redesignating subclause (II) as sub4 clause (III); and 

5 (D) by inserting after subclause (I) the fol6 lowing: 

7 ‘‘(II) $16 for border processing; 

8 and’’; 

9 (2) in clause (ii), by striking ‘‘Amounts collected 

10 under clause (i)(II)’’ and inserting ‘‘Amounts col11 lected under clause (i)(II) shall be deposited into the 

12 Comprehensive Immigration Reform Trust Fund es13 tablished under section 6(a)(1) of the Border Security, 

14 Economic Opportunity, and Immigration Moderniza15 tion Act. Amounts collected under clause (i)(III)’’; 

16 and 

17 (3) by striking clause (iii). 

18 (d) CORPORATION FOR TRAVEL PROMOTION.—Section 

19 9(d)(2)(B) of the Travel Promotion Act of 2009 (22 U.S.C. 

20 2131(d)(2)(B)) is amended by striking ‘‘For each of fiscal 

21 years 2012 through 2015,’’ and inserting ‘‘For each fiscal 

22 year after 2012,’’. 


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1 SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE 

2 SOUTHERN BORDER. 

3 (a) IN GENERAL.—With the approval of the Secretary 

4 of Defense, the Governor of a State may order any unit 

5 or personnel of the National Guard of such State to perform 

6 operations and missions under section 502(f) of title 32, 

7 United States Code, in the Southwest Border region for the 

8 purposes of assisting U.S. Customs and Border Protection 

9 in securing the Southern border. 

10 (b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 

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

12 personnel deployed under subsection (a) may be as13 signed such operations and missions specified in sub14 section (c) as may be necessary to secure the Southern 

15 border. 

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

17 Guard personnel performing operations and missions 

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

19 under title 32, United States Code. 

20 (c) RANGE OF OPERATIONS AND MISSIONS.—The oper21 ations and missions assigned under subsection (b) shall in22 clude the temporary authority— 

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

24 and triple-layer fencing; 

25 (2) to increase ground-based mobile surveillance 

26 systems; 


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1 (3) to deploy additional unmanned aerial sys2 tems and manned aircraft sufficient to maintain con3 tinuous surveillance of the Southern border; 

4 (4) to deploy and provide capability for radio 

5 communications interoperability between U.S. Cus6 toms and Border Protection and State, local, and 

7 tribal law enforcement agencies; 

8 (5) to construct checkpoints along the Southern 

9 border to bridge the gap to long-term permanent 

10 checkpoints; and 

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

12 Border Protection, particularly in rural, high-traf13 ficked areas, as designated by the Commissioner of 

14 U.S. Customs and Border Protection. 

15 (d) MATERIEL AND LOGISTICAL SUPPORT.—The Sec16 retary of Defense shall deploy such materiel and equipment 

17 and logistical support as may be necessary to ensure success 

18 of the operations and missions conducted by the National 

19 Guard under this section. 

20 (e) EXCLUSION FROM NATIONAL GUARD PERSONNEL

21 STRENGTH LIMITATIONS.—National Guard personnel de22 ployed under subsection (a) shall not be included in— 

23 (1) the calculation to determine compliance with 

24 limits on end strength for National Guard personnel; 

25 or 


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1 (2) limits on the number of National Guard per2 sonnel that may be placed on active duty for oper3 ational support under section 115 of title 10, United 

4 States Code. 

5 SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY 

6 OPERATIONS. 

7 (a) BORDER CROSSING PROSECUTIONS.— 

8 (1) IN GENERAL.—From the amounts made 

9 available pursuant to the appropriations in para10 graph (3), funds shall be made available— 

11 (A) to increase the number of border cross12 ing prosecutions in the Tucson Sector of the 

13 Southwest border region to up to 210 prosecu14 tions per day through increasing funding avail15 able for— 

16 (i) attorneys and administrative sup17 port staff in the Office of the United States 

18 Attorney for Tucson; 

19 (ii) support staff and interpreters in 

20 the Office of the Clerk of the Court for Tuc21 son; 

22 (iii) pre-trial services; 

23 (iv) activities of the Federal Public De24 fender Office for Tucson; and 


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1 (v) additional personnel, including 

2 Deputy United States Marshals in the 

3 United States Marshals Office for Tucson to 

4 perform intake, coordination, transpor5 tation, and court security; and 

6 (B) reimburse Federal, State, local, and 

7 tribal law enforcement agencies for any detention 

8 costs related to the border crossing prosecutions 

9 carried out pursuant to subparagraph (A). 

10 (2) ADDITIONAL MAGISTRATE JUDGES TO ASSIST

11 WITH INCREASED CASELOAD.—The chief judge of the 

12 United States District Court for the District of Ari13 zona is authorized to appoint additional full-time 

14 magistrate judges, who, consistent with the Constitu15 tion and laws of the United States, shall have the au16 thority to hear cases and controversies in the judicial 

17 district in which the respective judges are appointed. 

18 (3) FUNDING.—There are authorized to be ap19 propriated, from the Comprehensive Immigration Re20 form Trust Fund established under section 6(a)(1), 

21 such sums as may be necessary to carry out this sub22 section. 

23 (b) OPERATION STONEGARDEN.— 

24 (1) IN GENERAL.—The Federal Emergency Man25 agement Agency shall enhance law enforcement preVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00902 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 paredness and operational readiness along the borders 

2 of the United States through Operation Stonegarden. 

3 The amounts available under this paragraph are in 

4 addition to any other amounts otherwise made avail5 able for Operation Stonegarden. Not less than 90 per6 cent of the amounts made available under section 

7 6(a)(3)(C)(ii) shall be allocated for grants and reim8 bursements to law enforcement agencies in the States 

9 in the Southwest border region for personnel, over10 time, travel, and other costs related to combating ille11 gal immigration and drug smuggling in the South12 west border region. Allocations for grants and reim13 bursements to law enforcement agencies under this 

14 paragraph shall be made by the Federal Emergency 

15 Management Agency through a competitive process. 

16 (2) FUNDING.—There are authorized to be ap17 propriated, from the amounts made available under 

18 section 6(a)(3)(A)(i), such sums as may be necessary 

19 to carry out this subsection. 

20 (c) INFRASTRUCTURE IMPROVEMENTS.— 

21 (1) BORDER PATROL STATIONS.—The Secretary 

22 shall— 

23 (A) construct additional Border Patrol sta24 tions in the Southwest border region that U.S. 

25 Border Patrol determines are needed to provide 


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1 full operational support in rural, high-trafficked 

2 areas; and 

3 (B) analyze the feasibility of creating addi4 tional Border Patrol sectors along the Southern 

5 border to interrupt drug trafficking operations. 

6 (2) FORWARD OPERATING BASES.—The Sec7 retary shall enhance the security of the Southwest bor8 der region by— 

9 (A) establishing additional permanent for10 ward operating bases for the U.S. Border Patrol, 

11 as needed; 

12 (B) upgrading the existing forward oper13 ating bases to include modular buildings, elec14 tricity, and potable water; and 

15 (C) ensuring that forward operating bases 

16 surveil and interdict individuals entering the 

17 United States unlawfully immediately after such 

18 individuals cross the Southern border. 

19 (3) SAFE AND SECURE BORDER INFRASTRUC20 TURE.—The Secretary and the Secretary of Transpor21 tation, in consultation with the governors of the 

22 States in the Southwest border region and the North23 ern border region, shall establish a grant program, 

24 which shall be administered by the Secretary of 

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1 tion, to construct transportation and supporting in2 frastructure improvements at existing and new inter3 national border crossings necessary to facilitate safe, 

4 secure, and efficient cross border movement of people, 

5 motor vehicles, and cargo. 

6 (4) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated for each of fis8 cal years 2014 through 2018 such sums as may be 

9 necessary to carry out this subsection. 

10 (d) ADDITIONAL PERMANENT DISTRICT COURT

11 JUDGESHIPS IN SOUTHWEST BORDER STATES.— 

12 (1) IN GENERAL.—The President shall appoint, 

13 by and with the advice and consent of the Senate— 

14 (A) 2 additional district judges for the dis15 trict of Arizona; 

16 (B) 3 additional district judges for the east17 ern district of California; 

18 (C) 2 additional district judges for the west19 ern district of Texas; and 

20 (D) 1 additional district judge for the 

21 southern district of Texas. 

22 (2) CONVERSIONS OF TEMPORARY DISTRICT

23 COURT JUDGESHIPS.—The existing judgeships for the 

24 district of Arizona and the central district of Cali25 fornia authorized by section 312(c) of the 21st CenVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00905 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 tury Department of Justice Appropriations Author2 ization Act (28 U.S.C. 133 note; Public Law 107– 

3 273; 116 Stat. 1788), as of the effective date of this 

4 Act, shall be authorized under section 133 of title 28, 

5 United States Code, and the incumbents in those of6 fices shall hold the office under section 133 of title 28, 

7 United States Code, as amended by this Act. 

8 (3) TECHNICAL AND CONFORMING AMEND9 MENTS.—The table contained in section 133(a) of title 

10 28, United States Code, is amended— 

11 (A) by striking the item relating to the dis12 trict of Arizona and inserting the following: 

‘‘Arizona .................................................................................................. 15’’; 

13 (B) by striking the item relating to Cali14 fornia and inserting the following: 

‘‘California: 

Northern ...................................................................... 14 

Eastern ........................................................................ 9 

Central ......................................................................... 28 

Southern ...................................................................... 13’’; and 

15 (C) by striking the item relating to Texas 

16 and inserting the following: 

‘‘Texas: 

Northern ...................................................................... 12 

Southern ...................................................................... 20 

Eastern ........................................................................ 7 

Western ........................................................................ 15’’. 

17 (4) INCREASE IN FILING FEES.— 


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1 (A) IN GENERAL.—Section 1914(a) of title 

2 28, United States Code, is amended by striking 

3 ‘‘$350’’ and inserting ‘‘$360’’. 

4 (B) EXPENDITURE LIMITATION.—Incre5 mental amounts collected by reason of the enact6 ment of this paragraph shall be deposited as off7 setting receipts in the ‘‘Judiciary Filing Fee’’ 

8 special fund of the Treasury established under 

9 section 1931 of title 28, United States Code. 

10 Such amounts shall be available solely for the 

11 purpose of facilitating the processing of civil 

12 cases, but only to the extent specifically appro13 priated by an Act of Congress enacted after the 

14 date of the enactment of this Act. 

15 (5) WHISTLEBLOWER PROTECTION.— 

16 (A) IN GENERAL.—No officer, employee, 

17 agent, contractor, or subcontractor of the judicial 

18 branch may discharge, demote, threaten, sus19 pend, harass, or in any other manner discrimi20 nate against an employee in the terms and con21 ditions of employment because of any lawful act 

22 done by the employee to provide information, 

23 cause information to be provided, or otherwise 

24 assist in an investigation regarding any possible 

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1 conduct, by a judge, justice, or any other em2 ployee in the judicial branch, which may assist 

3 in the investigation of the possible violation or 

4 misconduct. 

5 (B) CIVIL ACTION.—An employee injured by 

6 a violation of subparagraph (A) may, in a civil 

7 action, obtain appropriate relief. 

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

9 (a) DEFINITIONS.—In this section: 

10 (1) FEDERAL LANDS.—The term ‘‘Federal lands’’ 

11 includes all land under the control of the Secretary 

12 concerned that is located within the Southwest border 

13 region in the State of Arizona along the international 

14 border between the United States and Mexico. 

15 (2) SECRETARY CONCERNED.—The term ‘‘Sec16 retary concerned’’ means— 

17 (A) with respect to land under the jurisdic18 tion of the Secretary of Agriculture, the Sec19 retary of Agriculture; and 

20 (B) with respect to land under the jurisdic21 tion of the Secretary of the Interior, the Sec22 retary of the Interior. 

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

24 achieve effective control of Federal lands— 


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1 (1) the Secretary concerned, notwithstanding 

2 any other provision of law, shall authorize and pro3 vide U.S. Customs and Border Protection personnel 

4 with immediate access to Federal lands for security 

5 activities, including— 

6 (A) routine motorized patrols; and 

7 (B) the deployment of communications, sur8 veillance, and detection equipment; 

9 (2) the security activities described in paragraph 

10 (1) shall be conducted, to the maximum extent prac11 ticable, in a manner that the Secretary determines 

12 will best protect the natural and cultural resources on 

13 Federal lands; and 

14 (3) the Secretary concerned may provide edu15 cation and training to U.S. Customs and Border Pro16 tection personnel on the natural and cultural re17 sources present on individual Federal land units. 

18 (c) PROGRAMMATIC ENVIRONMENTAL IMPACT STATE19 MENT.— 

20 (1) IN GENERAL.—After implementing subsection 

21 (b), the Secretary, in consultation with the Secretaries 

22 concerned, shall prepare and publish in the Federal 

23 Register a notice of intent to prepare a programmatic 

24 environmental impact statement in accordance with 

25 the National Environmental Policy Act of 1969 (42 


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1 U.S.C. 4321 et seq.) to analyze the impacts of the ac2 tivities described in subsection (b). 

3 (2) EFFECT ON PROCESSING APPLICATION AND

4 SPECIAL USE PERMITS.—The pending completion of a 

5 programmatic environmental impact statement under 

6 this section shall not result in any delay in the proc7 essing or approving of applications or special use per8 mits by the Secretaries concerned for the activities de9 scribed in subsection (b). 

10 (3) AMENDMENT OF LAND USE PLANS.—The Sec11 retaries concerned shall amend any land use plans, as 

12 appropriate, upon completion of the programmatic 

13 environmental impact statement described in sub14 section (b). 

15 (4) SCOPE OF PROGRAMMATIC ENVIRONMENTAL

16 IMPACT STATEMENT.—The programmatic environ17 mental impact statement described in paragraph 

18 (1)— 

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

20 the impact on natural and cultural resources on 

21 Federal lands; and 

22 (B) shall not control, delay, or restrict ac23 tions by the Secretary to achieve effective control 

24 on Federal lands. 


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1 (d) INTERMINGLED STATE AND PRIVATE LAND.—This 

2 section shall not apply to any private or State-owned land 

3 within the boundaries of Federal lands. 

4 SEC. 1106. EQUIPMENT AND TECHNOLOGY. 

5 (a) ENHANCEMENTS.—The Commissioner of U.S. Cus6 toms and Border Protection, working through U.S. Border 

7 Patrol, shall— 

8 (1) deploy additional mobile, video, and agent9 portable surveillance systems, and unarmed, un10 manned aerial vehicles in the Southwest border region 

11 as necessary to provide 24-hour operation and sur12 veillance; 

13 (2) operate unarmed unmanned aerial vehicles 

14 along the Southern border for 24 hours per day and 

15 for 7 days per week; 

16 (3) deploy unarmed additional fixed-wing air17 craft and helicopters along the Southern border; 

18 (4) acquire new rotorcraft and make upgrades to 

19 the existing helicopter fleet; 

20 (5) increase horse patrols in the Southwest bor21 der region; and 

22 (6) acquire and deploy watercraft and other 

23 equipment to provide support for border-related mari24 time anti-crime activities. 

25 (b) LIMITATION.— 


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1 (1) IN GENERAL.—Notwithstanding paragraphs 

2 (1) and (2) of subsection (a), and except as provided 

3 in paragraph (2), U.S. Border Patrol may not oper4 ate unarmed, unmanned aerial vehicles in the San 

5 Diego and El Centro Sectors, except within 3 miles 

6 of the Southern border. 

7 (2) EXCEPTION.—The limitation under this sub8 section shall not restrict the maritime operations of 

9 U.S. Customs and Border Protection. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi11 tion to amounts otherwise authorized to be appropriated, 

12 there is authorized to be appropriated to U.S. Customs and 

13 Border Protection such sums as may be necessary to carry 

14 out subsection (a) during fiscal years 2014 through 2018. 

15 SEC. 1107. ACCESS TO EMERGENCY PERSONNEL. 

16 (a) SOUTHWEST BORDER REGION EMERGENCY COM17 MUNICATIONS GRANTS.— 

18 (1) IN GENERAL.—The Secretary, in consultation 

19 with the governors of the States in the Southwest bor20 der region, shall establish a 2-year grant program, to 

21 be administered by the Secretary, to improve emer22 gency communications in the Southwest border re23 gion. 


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1 (2) ELIGIBILITY FOR GRANTS.—An individual is 

2 eligible to receive a grant under this subsection if the 

3 individual demonstrates that he or she— 

4 (A) regularly resides or works in the South5 west border region; 

6 (B) is at greater risk of border violence due 

7 to the lack of cellular service at his or her resi8 dence or business and his or her proximity to the 

9 Southern border. 

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

11 this subsection may be used to purchase satellite tele12 phone communications systems and service that— 

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

14 (B) are equipped with global positioning 

15 systems. 

16 (4) AUTHORIZATION OF APPROPRIATIONS.— 

17 There is authorized to be appropriated such sums as 

18 may be necessary to carry out the grant program es19 tablished under this subsection. 

20 (b) INTEROPERABLE COMMUNICATIONS FOR LAW EN21 FORCEMENT.— 

22 (1) FEDERAL LAW ENFORCEMENT.—There are 

23 authorized to be appropriated, to the Department, the 

24 Department of Justice, and the Department of the In25 terior, during the 5-year period beginning on the date 


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1 of the enactment of this Act, such sums as may be 

2 necessary— 

3 (A) to purchase, through a competitive pro4 curement process, P25-compliant radios, which 

5 may include a multi-band option, for Federal 

6 law enforcement agents working in the Southwest 

7 border region in support of the activities of U.S. 

8 Customs and Border Protection and U.S. Immi9 gration and Customs Enforcement, including 

10 law enforcement agents of the Drug Enforcement 

11 Administration, the Bureau of Alcohol, Tobacco, 

12 Firearms and Explosives, the Department of the 

13 Interior, and the Forest Service; and 

14 (B) to upgrade, through a competitive pro15 curement process, the communications network of 

16 the Department of Justice to ensure coverage and 

17 capacity, particularly when immediate access is 

18 needed in times of crisis, in the Southwest Bor19 der region for appropriate law enforcement per20 sonnel of the Department of Justice (including 

21 the Drug Enforcement Administration and the 

22 Bureau of Alcohol, Tobacco, Firearms and Ex23 plosives), the Department (including U.S. Immi24 gration and Customs Enforcement and U.S. Cus25 toms and Border Protection), the United States 


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1 Marshals Service, other Federal agencies, the 

2 State of Arizona, tribes, 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 of 

8 this Act, such sums as may be necessary to pur9 chase, through a competitive procurement proc10 ess, P25-compliant radios, which may include a 

11 multi-band option, for State and local law en12 forcement agents working in the Southwest bor13 der region. 

14 (B) ACCESS TO FEDERAL SPECTRUM.—If a 

15 State, tribal, or local law enforcement agency in 

16 the Southwest border region experiences an emer17 gency situation that necessitates immediate com18 munication with the Department of Justice, the 

19 Department, the Department of the Interior, or 

20 any of their respective subagencies, such law en21 forcement agency shall have access to the spec22 trum assigned to such Federal agency for the du23 ration of such emergency situation. 


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1 SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION 

2 INITIATIVE. 

3 (a) REIMBURSEMENT TO STATE AND LOCAL PROSECU4 TORS FOR FEDERALLY INITIATED CRIMINAL CASES.—The 

5 Attorney General shall reimburse State, county, tribal, and 

6 municipal governments for costs associated with the pros7 ecution, pretrial services and detention, clerical support, 

8 and public defenders’ services associated with the prosecu9 tion of federally initiated immigration-related criminal 

10 cases declined by local offices of the United States Attorneys. 

11 (b) EXCEPTION.—Reimbursement under subsection (a) 

12 shall not be available, at the discretion of the Attorney Gen13 eral, if the Attorney General determines that there is reason 

14 to believe that the jurisdiction seeking reimbursement has 

15 engaged in unlawful conduct in connection with immigra16 tion-related apprehensions. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated such sums as may be nec19 essary to carry out subsection (a) during fiscal years 2014 

20 through 2018. 

21 SEC. 1109. INTERAGENCY COLLABORATION. 

22 The Assistant Secretary of Defense for Research and 

23 Engineering shall collaborate with the Under Secretary of 

24 Homeland Security for Science and Technology to identify 

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1 fense that could be used by U.S. Customs and Border Pro2 tection to improve the security of the Southern border by— 

3 (1) detecting border tunnels; 

4 (2) detecting the use of ultralight aircraft; 

5 (3) enhancing wide aerial surveillance; and 

6 (4) otherwise improving the enforcement of such 

7 border. 

8 SEC. 1110. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

9 (a) SCAAP REAUTHORIZATION.—Section 241(i)(5)(C) 

10 (8 U.S.C. 1231(i)(5)) is amended by striking ‘‘2011.’’ and 

11 inserting ‘‘2015.’’. 

12 (b) SCAAP ASSISTANCE FOR STATES.— 

13 (1) ASSISTANCE FOR STATES INCARCERATING

14 UNDOCUMENTED ALIENS CHARGED WITH CERTAIN

15 CRIMES.—Section 241(i)(3)(A) (8 U.S.C. 

16 1231(i)(3)(A)) is amended by inserting ‘‘charged with 

17 or’’ before ‘‘convicted’’. 

18 (2) ASSISTANCE FOR STATES INCARCERATING

19 UNVERIFIED ALIENS.—Section 241(i) (8 U.S.C. 

20 1231(i)), as amended by subsection (a), is further 

21 amended— 

22 (A) by redesignating paragraphs (4), (5), 

23 and (6), as paragraphs (5), (6), and (7), respec24 tively; 


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1 (B) in paragraph (7), as so redesignated, by 

2 striking ‘‘(5)’’ and inserting ‘‘(6)’’; and 

3 (C) by adding after paragraph (3) the fol4 lowing: 

5 ‘‘(4) In the case of an alien whose immigration 

6 status is unable to be verified by the Secretary of 

7 Homeland Security, and who would otherwise be an 

8 undocumented criminal alien if the alien is unlaw9 fully present in the United States, the Attorney Gen10 eral shall compensate the State or political subdivi11 sion of the State for incarceration of the alien, con12 sistent with subsection (i)(2).’’. 

13 SEC. 1111. USE OF FORCE. 

14 Not later than 180 days after the date of the enactment 

15 of this Act, the Secretary, in consultation with the Assistant 

16 Attorney General for the Civil Rights Division of the De17 partment of Justice, shall issue policies governing the use 

18 of force by all Department personnel that— 

19 (1) require all Department personnel to report 

20 each use of force; and 

21 (2) establish procedures for— 

22 (A) accepting and investigating complaints 

23 regarding the use of force by Department per24 sonnel; 


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1 (B) disciplining Department personnel who 

2 violate any law or Department policy relating to 

3 the use of force; and 

4 (C) reviewing all uses of force by Depart5 ment personnel to determine whether the use of 

6 force— 

7 (i) complied with Department policy; 

8 or 

9 (ii) demonstrates the need for changes 

10 in policy, training, or equipment. 

11 SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMI12 GRATION ENFORCEMENT OFFICERS. 

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

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

15 Patrol agents, U.S. Immigration and Customs Enforcement 

16 officers and agents, United States Air and Marine Division 

17 agents, and agriculture specialists stationed within 100 

18 miles of any land or marine border of the United States 

19 or at any United States port of entry receive appropriate 

20 training, which shall be prepared in collaboration with the 

21 Assistant Attorney General for the Civil Rights Division 

22 of the Department of Justice, in— 

23 (1) identifying and detecting fraudulent travel 

24 documents; 


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

2 rights of individuals; 

3 (3) the scope of enforcement authorities, includ4 ing interrogations, stops, searches, seizures, arrests, 

5 and detentions; 

6 (4) the use of force policies issued by the Sec7 retary pursuant to section 1111; 

8 (5) immigration laws, including screening, iden9 tifying, and addressing vulnerable populations, such 

10 as children, victims of crime and human trafficking, 

11 and individuals fleeing persecution or torture; 

12 (6) social and cultural sensitivity toward border 

13 communities; 

14 (7) the impact of border operations on commu15 nities; and 

16 (8) any particular environmental concerns in a 

17 particular area. 

18 (b) TRAINING FOR BORDER COMMUNITY LIAISON OF19 FICERS.—The Secretary shall ensure that border commu20 nities liaison officers in Border Patrol sectors along the 

21 international borders between the United States and Mexico 

22 and between the United States and Canada receive training 

23 to better— 

24 (1) act as a liaison between border communities 

25 and the Office for Civil Rights and Civil Liberties of 


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1 the Department and the Civil Rights Division of the 

2 Department of Justice; 

3 (2) foster and institutionalize consultation with 

4 border communities; 

5 (3) consult with border communities on Depart6 ment programs, policies, strategies, and directives; 

7 and 

8 (4) receive Department performance assessments 

9 from border communities. 

10 (c) HUMANE CONDITIONS OF CONFINEMENT FOR CHIL11 DREN IN U.S. CUSTOMS AND BORDER PROTECTION CUS12 TODY.—Not later than 90 days after the date of the enact13 ment of this Act, the Secretary shall establish standards to 

14 ensure that children in the custody of U.S. Customs and 

15 Border Protection— 

16 (1) are afforded adequate medical and mental 

17 health care, including emergency medical and mental 

18 health care, when necessary; 

19 (2) receive adequate nutrition; 

20 (3) are provided with climate-appropriate cloth21 ing, footwear, and bedding; 

22 (4) have basic personal hygiene and sanitary 

23 products; and 

24 (5) are permitted to make supervised phone calls 

25 to family members. 


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1 SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BORDER 

2 OVERSIGHT TASK FORCE. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is established an inde5 pendent task force, which shall be known as the De6 partment of Homeland Security Border Oversight 

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

8 Task Force’’). 

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

10 (A) review and make recommendations re11 garding immigration and border enforcement 

12 policies, strategies, and programs that take into 

13 consideration their impact on border commu14 nities; 

15 (B) recommend ways in which the Border 

16 Communities Liaison Offices can strengthen re17 lations and collaboration between communities 

18 in the border regions and the Department, the 

19 Department of Justice, and other Federal agen20 cies that carry out such policies, strategies, and 

21 programs; 

22 (C) evaluate how the policies, strategies, 

23 and programs of Federal agencies operating 

24 along the international borders between the 

25 United States and Mexico and between the 

26 United States and Canada protect the due procVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00922 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 ess, civil, and human rights of border residents, 

2 visitors, and migrants at and near such borders; 

3 and 

4 (D) evaluate and make recommendations re5 garding the training of border enforcement per6 sonnel described in section 1112. 

7 (3) MEMBERSHIP.— 

8 (A) IN GENERAL.—The DHS Task Force 

9 shall be composed of 29 members, appointed by 

10 the President, who have expertise in migration, 

11 local crime indices, civil and human rights, com12 munity relations, cross-border trade and com13 merce, quality of life indicators, or other perti14 nent experience, of whom— 

15 (i) 12 members shall be from the 

16 Northern border region and shall include— 

17 (I) 2 local government elected offi18 cials; 

19 (II) 2 local law enforcement offi20 cials; 

21 (III) 2 civil rights advocates; 

22 (IV) 1 business representative; 

23 (V) 1 higher education representa24 tive; 


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1 (VI) 1 private land owner rep2 resentative; 

3 (VII) 1 representative of a faith 

4 community; and 

5 (VIII) 2 representatives of U.S. 

6 Border Patrol; and 

7 (ii) 17 members shall be from the 

8 Southern border region and include— 

9 (I) 3 local government elected offi10 cials; 

11 (II) 3 local law enforcement offi12 cials; 

13 (III) 3 civil rights advocates; 

14 (IV) 2 business representatives; 

15 (V) 1 higher education representa16 tive; 

17 (VI) 2 private land owner rep18 resentatives; 

19 (VII) 1 representative of a faith 

20 community; and 

21 (VIII) 2 representatives of U.S. 

22 Border Patrol. 

23 (B) TERM OF SERVICE.—Members of the 

24 Task Force shall be appointed for the shorter 

25 of— 


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1 (i) 3 years; or 

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

3 (C) CHAIR, VICE CHAIR.—The members of 

4 the DHS Task Force shall elect a Chair and a 

5 Vice Chair from among its members, who shall 

6 serve in such capacities for the life of the DHS 

7 Task Force or until removed by the majority vote 

8 of at least 14 members. 

9 (b) OPERATIONS.— 

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

11 the purpose of carrying out its duties, hold hearings, 

12 sit and act, take testimony, receive evidence, and ad13 minister oaths. 

14 (2) RECOMMENDATIONS.—The DHS Task Force 

15 may make findings or recommendations to the Sec16 retary related to the duties described in subsection 

17 (a)(2). 

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

19 receiving the findings and recommendations from the 

20 DHS Task Force under paragraph (2), the Secretary 

21 shall issue a response that describes how the Depart22 ment has addressed, or will address, such findings 

23 and recommendations. If the Secretary disagrees with 

24 any finding of the DHS Task Force, the Secretary 

25 shall provide an explanation for the disagreement. 


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1 (4) INFORMATION FROM FEDERAL AGENCIES.— 

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

3 may request statistics relating to the duties described 

4 in subsection (a)(2) directly from any Federal agency, 

5 which shall, to the extent authorized by law, furnish 

6 such information, suggestions, estimates, and statis7 tics directly to the DHS Task Force. 

8 (5) COMPENSATION.—Members of the DHS Task 

9 Force shall serve without pay, but shall be reimbursed 

10 for reasonable travel and subsistence expenses in11 curred in the performance of their duties. 

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

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

14 to the President, Congress, and the Secretary that con15 tains— 

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

17 DHS Task Force; and 

18 (2) recommendations regarding border and im19 migration enforcement policies, strategies, and pro20 grams, including— 

21 (A) a recommendation as to whether the 

22 DHS Task Force should continue to operate; and 

23 (B) a description of any duties for which 

24 the DHS Task Force should be responsible after 

25 the termination date described in subsection (e). 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated such sums as may be nec3 essary to carry out this section for each of the fiscal years 

4 2014 through 2017. 

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

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

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

8 SEC. 1114. OMBUDSMAN FOR IMMIGRATION RELATED CON9 CERNS OF THE DEPARTMENT OF HOMELAND 

10 SECURITY. 

11 (a) ESTABLISHMENT.—Title I of the Homeland Secu12 rity Act of 2002 (6 U.S.C. 111 et seq.) is amended by add13 ing at the end the following new section: 

14 ‘‘SEC. 104. OMBUDSMAN FOR IMMIGRATION RELATED CON15 CERNS. 

16 ‘‘(a) IN GENERAL.—There shall be within the Depart17 ment an Ombudsman for Immigration Related Concerns 

18 (in this section referred to as the ‘Ombudsman’). The indi19 vidual appointed as Ombudsman shall have a background 

20 in immigration law as well as civil and human rights law. 

21 The Ombudsman shall report directly to the Deputy Sec22 retary. 

23 ‘‘(b) FUNCTIONS.—The functions of the Ombudsman 

24 shall be as follows: 


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1 ‘‘(1) To receive and resolve complaints from in2 dividuals and employers and assist in resolving prob3 lems with the immigration components of the Depart4 ment. 

5 ‘‘(2) To conduct inspections of the facilities or 

6 contract facilities of the immigration components of 

7 the Department. 

8 ‘‘(3) To assist individuals and families who have 

9 been the victims of crimes committed by aliens or vio10 lence near the United States border. 

11 ‘‘(4) To identify areas in which individuals and 

12 employers have problems in dealing with the immi13 gration components of the Department. 

14 ‘‘(5) To the extent practicable, to propose changes 

15 in the administrative practices of the immigration 

16 components of the Department to mitigate problems 

17 identified under paragraph (4). 

18 ‘‘(6) To review, examine, and make recommenda19 tions regarding the immigration and enforcement 

20 policies, strategies, and programs of U.S. Customs 

21 and Border Protection, U.S. Immigration and Cus22 toms Enforcement, and U.S. Citizenship and Immi23 gration Services. 


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1 ‘‘(c) OTHER RESPONSIBILITIES.—In addition to the 

2 functions specified in subsection (b), the Ombudsman 

3 shall— 

4 ‘‘(1) monitor the coverage and geographic alloca5 tion of local offices of the Ombudsman, including ap6 pointing a local ombudsman for immigration related 

7 concerns; and 

8 ‘‘(2) evaluate and take personnel actions (includ9 ing dismissal) with respect to any employee of the 

10 Ombudsman. 

11 ‘‘(d) REQUEST FOR INVESTIGATIONS.—The Ombuds12 man shall have the authority to request the Inspector Gen13 eral of the Department of Homeland Security to conduct 

14 inspections, investigations, and audits. 

15 ‘‘(e) COORDINATION WITH DEPARTMENT COMPO16 NENTS.—The Director of U.S. Citizenship and Immigration 

17 Services, the Assistant Secretary of Immigration and Cus18 toms Enforcement, and the Commissioner of Customs and 

19 Border Protection shall each establish procedures to provide 

20 formal responses to recommendations submitted to such offi21 cial by the Ombudsman. 

22 ‘‘(f) ANNUAL REPORTS.—Not later than June 30 of 

23 each year, the Ombudsman shall submit a report to the 

24 Committee on the Judiciary of the Senate and the Com25 mittee on the Judiciary of the House of Representatives on 


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1 the objectives of the Ombudsman for the fiscal year begin2 ning in such calendar year. Each report shall contain full 

3 and substantive analysis, in addition to statistical informa4 tion, and shall set forth any recommendations the Ombuds5 man has made on improving the services and responsiveness 

6 of U.S. Citizenship and Immigration Services, U.S. Immi7 gration and Customs Enforcement, and U.S. Customs and 

8 Border Protection and any responses received from the De9 partment regarding such recommendations.’’. 

10 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section 

11 452 of the Homeland Security Act of 2002 (6 U.S.C. 272) 

12 is repealed. 

13 (c) CLERICAL AMENDMENTS.—The table of contents for 

14 the Homeland Security Act of 2002 is amended— 

15 (1) by inserting after the item relating to section 

16 103 the following new item: 

‘‘Sec. 104. Ombudsman for Immigration Related Concerns.’’; and 

17 (2) by striking the item relating to section 452. 

18 SEC. 1115. PROTECTION OF FAMILY VALUES IN APPREHEN19 SION PROGRAMS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) APPREHENDED INDIVIDUAL.—The term ‘‘ap22 prehended individual’’ means an individual appre23 hended by personnel of the Department of Homeland 

24 Security or of a cooperating entity pursuant to a mi25 gration deterrence program carried out at a border. 


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1 (2) BORDER.—The term ‘‘border’’ means an 

2 international border of the United States. 

3 (3) CHILD.—Except as otherwise specifically 

4 provided, the term ‘‘child’’ has the meaning given to 

5 the term in section 101(b)(1) of the Immigration and 

6 Nationality Act (8 U.S.C. 1101(b)(1)). 

7 (4) COOPERATING ENTITY.—The term ‘‘cooper8 ating entity’’ means a State or local entity acting 

9 pursuant to an agreement with the Secretary. 

10 (5) MIGRATION DETERRENCE PROGRAM.—The 

11 term ‘‘migration deterrence program’’ means an ac12 tion related to the repatriation or referral for prosecu13 tion of 1 or more apprehended individuals for a sus14 pected or confirmed violation of the Immigration and 

15 Nationality Act (8 U.S.C. 1001 et seq.) by the Sec16 retary or a cooperating entity. 

17 (b) PROCEDURES FOR MIGRATION DETERRENCE PRO18 GRAMS AT THE BORDER.— 

19 (1) PROCEDURES.—In any migration deterrence 

20 program carried out at a border, the Secretary and 

21 cooperating entities shall for each apprehended indi22 vidual— 

23 (A) as soon as practicable after such indi24 vidual is apprehended— 


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1 (i) inquire as to whether the appre2 hended individual is— 

3 (I) a parent, legal guardian, or 

4 primary caregiver of a child; or 

5 (II) traveling with a spouse or 

6 child; and 

7 (ii) ascertain whether repatriation of 

8 the apprehended individual presents any 

9 humanitarian concern or concern related to 

10 such individual’s physical safety; and 

11 (B) ensure that, with respect to a decision 

12 related to the repatriation or referral for pros13 ecution of the apprehended individual, due con14 sideration is given— 

15 (i) to the best interests of such individ16 ual’s child, if any; 

17 (ii) to family unity whenever possible; 

18 and 

19 (iii) to other public interest factors, in20 cluding humanitarian concerns and con21 cerns related to the apprehended individ22 ual’s physical safety. 

23 (c) MANDATORY TRAINING.—The Secretary, in con24 sultation with the Secretary of Health and Human Serv25 ices, the Attorney General, the Secretary of State, and indeVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00932 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 pendent immigration, child welfare, family law, and 

2 human rights law experts, shall— 

3 (1) develop and provide specialized training for 

4 all personnel of U.S. Customs and Border Protection 

5 and cooperating entities who come into contact with 

6 apprehended individuals in all legal authorities, poli7 cies, and procedures relevant to the preservation of a 

8 child’s best interest, family unity, and other public 

9 interest factors, including those described in this Act; 

10 and 

11 (2) require border enforcement personnel to un12 dertake periodic and continuing training on best 

13 practices and changes in relevant legal authorities, 

14 policies, and procedures pertaining to the preserva15 tion of a child’s best interest, family unity, and other 

16 public interest factors, including those described in 

17 this Act. 

18 (d) ANNUAL REPORT ON THE IMPACT OF MIGRATION

19 DETERRENCE PROGRAMS AT THE BORDER.— 

20 (1) REQUIREMENT FOR ANNUAL REPORT.—Not 

21 later than 1 year after the date of the enactment of 

22 this Act, and annually thereafter, the Secretary shall 

23 submit to Congress a report that describes the impact 

24 of migration deterrence programs on parents, legal 

25 guardians, primary caregivers of a child, individuals 


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1 traveling with a spouse or child, and individuals who 

2 present humanitarian considerations or concerns re3 lated to the individual’s physical safety. 

4 (2) CONTENTS.—Each report submitted under 

5 paragraph (1) shall include for the previous 1-year 

6 period an assessment of— 

7 (A) the number of apprehended individuals 

8 removed, repatriated, or referred for prosecution 

9 who are the parent, legal guardian, or primary 

10 caregiver of a child who is a citizen of the 

11 United States; 

12 (B) the number of occasions in which both 

13 parents, or the primary caretaker of such a child 

14 was removed, repatriated, or referred for pros15 ecution as part of a migration deterrence pro16 gram; 

17 (C) the number of apprehended individuals 

18 traveling with close family members who are re19 moved, repatriated, or referred for prosecution. 

20 (D) the impact of migration deterrence pro21 grams on public interest factors, including hu22 manitarian concerns and physical safety. 

23 (e) REGULATIONS.—Not later than 120 days after the 

24 date of the enactment of this Act, the Secretary shall pro25 mulgate regulations to implement this section. 


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1 SEC. 1116. REPORTS. 

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

3 Secretary shall submit a report to the Committee on Home4 land Security and Governmental Affairs of the Senate, the 

5 Committee on Homeland Security of the House of Rep6 resentatives, the Committee on the Judiciary of the Senate, 

7 and the Committee on the Judiciary of the House of Rep8 resentatives that sets forth— 

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

10 2(a)(4)) for each Border Patrol sector along the 

11 Northern border and the Southern border; 

12 (2) the number of miles along the Southern bor13 der that are under persistent surveillance; 

14 (3) the monthly wait times per passenger, in15 cluding data on averages and peaks, for crossing the 

16 Northern border and the Southern border, and the 

17 staffing of such border crossings; and 

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

19 Northern border and the Southern border. 

20 (b) REPORT ON INTERAGENCY COLLABORATION.—The 

21 Under Secretary of Defense for Acquisition, Technology, 

22 and Logistics and the Under Secretary of Homeland Secu23 rity for Science and Technology shall jointly submit a re24 port on the results of the interagency collaboration under 

25 section 1109 to— 


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1 (1) the Committee on Armed Services of the Sen2 ate; 

3 (2) the Committee on Homeland Security and 

4 Governmental Affairs of the Senate; 

5 (3) the Committee on the Judiciary of the Sen6 ate; 

7 (4) the Committee on Armed Services of the 

8 House of Representatives; 

9 (5) the Committee on Homeland Security of the 

10 House of Representatives; and 

11 (6) the Committee on the Judiciary of the House 

12 of Representatives. 

13 SEC. 1117. SEVERABILITY AND DELEGATION. 

14 (a) SEVERABILITY.—If any provision of this Act or 

15 any amendment made by this Act, or any application of 

16 such provision or amendment to any person or cir17 cumstance, is held to be unconstitutional, the remainder of 

18 the provisions of this Act and the amendments made by this 

19 Act and the application of the provision or amendment to 

20 any other person or circumstance shall not be affected. 

21 (b) DELEGATION.—The Secretary may delegate any 

22 authority provided to the Secretary under this Act or an 

23 amendment made by this Act to the Secretary of Agri24 culture, the Attorney General, the Secretary of Defense, the 


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1 Secretary of Health and Human Services, the Secretary of 

2 State, or the Commissioner of Social Security. 

3 SEC. 1118. PROHIBITION ON LAND BORDER CROSSING 

4 FEES. 

5 The Secretary shall not establish, collect, or otherwise 

6 impose a border crossing fee for pedestrians or passenger 

7 vehicles at land ports of entry along the Southern border 

8 or the Northern border, nor conduct any study relating to 

9 the imposition of such a fee. 

10 SEC. 1119. HUMAN TRAFFICKING REPORTING. 

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

12 ‘‘Human Trafficking Reporting Act of 2013’’. 

13 (b) FINDINGS.—Congress finds the following: 

14 (1) Human trafficking is a form of modern-day 

15 slavery. 

16 (2) According to the Trafficking Victims Protec17 tion Act of 2000 ‘‘severe forms of trafficking in per18 sons’’ means— 

19 (A) sex trafficking in which a commercial 

20 sex act is induced by force, fraud, or coercion, or 

21 in which the person induced to perform such act 

22 has not attained 18 years of age; or 

23 (B) the recruitment, harboring, transpor24 tation, provision, or obtaining of a person for 

25 labor or services, through the use of force, fraud, 


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1 or coercion for the purpose of subjection to invol2 untary servitude, peonage, debt bondage, or slav3 ery. 

4 (3) There is an acute need for better data collec5 tion of incidents of human trafficking across the 

6 United States in order to effectively combat severe 

7 forms of trafficking in persons. 

8 (4) The State Department’s 2012 Trafficking in 

9 Persons report found that— 

10 (A) the United States is a ‘‘source, transit 

11 and destination country for men, women, and 

12 children, subjected to forced labor, debt bondage, 

13 domestic servitude and sex trafficking,’’; and 

14 (B) the United States needs to ‘‘improve 

15 data collection on human trafficking cases at the 

16 federal, state and local levels’’. 

17 (5) The International Organization for Migra18 tion has reported that in order to effectively combat 

19 human trafficking there must be reliable and stand20 ardized data, however, the following barriers for data 

21 collection exist: 

22 (A) The illicit and underground nature of 

23 human trafficking. 

24 (B) The reluctance of victims to share infor25 mation with authorities. 


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1 (C) Insufficient human trafficking data col2 lection and research efforts by governments 

3 worldwide. 

4 (6) A 2009 report to the Department of Health 

5 and Human Services entitled Human Trafficking 

6 Into and Within the United States: A Review of the 

7 Literature found that ‘‘the data and methodologies for 

8 estimating the prevalence of human trafficking glob9 ally and nationally are not well developed, and there10 fore estimates have varied widely and changed signifi11 cantly over time’’. 

12 (7) The Federal Bureau of Investigation compiles 

13 national crime statistics through the Uniform Crime 

14 Reporting Program. 

15 (8) Under current law, State and local govern16 ments receiving Edward Byrne Memorial Justice As17 sistance grants are required to share data on part 1 

18 violent crimes with the Federal Bureau of Investiga19 tion for inclusion in the Uniform Crime Reporting 

20 Program. 

21 (9) The addition of severe forms of trafficking in 

22 persons to the definition of part 1 violent crimes will 

23 ensure that statistics on this heinous crime will be 

24 compiled and available through the Federal Bureau of 

25 Investigation’s Uniform Crime Report. 


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1 (c) HUMAN TRAFFICKING TO BE INCLUDED IN PART

2 1 VIOLENT CRIMES FOR PURPOSES OF BYRNE GRANTS.— 

3 Section 505 of the Omnibus Crime Control and Safe Streets 

4 Act of 1968 (42 U.S.C. 3755) is amended by adding at the 

5 end the following new subsection: 

6 ‘‘(i) PART 1 VIOLENT CRIMES TO INCLUDE HUMAN

7 TRAFFICKING.—For purposes of this section, the term ‘part 

8 1 violent crimes’ shall include severe forms of trafficking 

9 in persons, as defined in section 103(8) of the Trafficking 

10 Victims Protection Act of 2000 (22 U.S.C. 7102(8)).’’. 

11 SEC. 1120. RULE OF CONSTRUCTION. 

12 Nothing in this Act may be construed to authorize the 

13 deployment, procurement, or construction of fencing along 

14 the Northern border. 

15 SEC. 1121. LIMITATIONS ON DANGEROUS DEPORTATION 

16 PRACTICES. 

17 (a) CERTIFICATION REQUIRED.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of the enactment of this Act, and every 180 

20 days thereafter, the Secretary, except as provided in 

21 paragraph (2), shall submit written certification to 

22 Congress that the Department has only deported or 

23 otherwise removed a migrant from the United States 

24 through an entry or exit point on the Southern border 

25 during daylight hours. 


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1 (2) EXCEPTION.—The certification required 

2 under paragraph (1) shall not apply to the deporta3 tion or removal of a migrant otherwise described in 

4 that paragraph if— 

5 (A) the manner of the deportation or re6 moval is justified by a compelling governmental 

7 interest; 

8 (B) the manner of the deportation or re9 moval is in accordance with an applicable Local 

10 Arrangement for the Repatriation of Mexican 

11 Nationals entered into by the appropriate Mexi12 can Consulate; or 

13 (C) the migrant is not an unaccompanied 

14 minor and the migrant— 

15 (i) is deported or removed through an 

16 entry or exit point in the same sector as the 

17 place where the migrant was apprehended; 

18 or 

19 (ii) agrees to be deported or removed in 

20 such manner after being notified of the in21 tended manner of deportation or removal. 

22 (b) ADDITIONAL INFORMATION REQUIRED.—Not later 

23 than 1 year after the date of the enactment of this Act, the 

24 Secretary shall submit to Congress a study of the Alien 

25 Transfer Exit Program, which shall include— 


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1 (1) the specific locations on the Southern border 

2 where lateral repatriations have occurred during the 

3 1-year period preceding the submission of the study; 

4 (2) the performance measures developed by U.S. 

5 Customs and Border Protection to determine if the 

6 Alien Transfer Exit Program is deterring migrants 

7 from repeatedly crossing the border or otherwise re8 ducing recidivism; and 

9 (3) the consideration given, if any, to the rates 

10 of violent crime and the availability of infrastructure 

11 and social services in Mexico near such locations. 

12 (c) PROHIBITION ON CONFISCATION OF PROPERTY.— 

13 Notwithstanding any other provision of law, lawful, non14 perishable belongings of a migrant that are confiscated by 

15 personnel operating under Federal authority shall be re16 turned to the migrant before repatriation, to the extent 

17 practicable. 

18 TITLE II—IMMIGRANT VISAS 

19 Subtitle A—Registration and Ad20 justment of Registered Provi21 sional Immigrants 

22 SEC. 2101. REGISTERED PROVISIONAL IMMIGRANT STATUS. 

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

24 1255 et seq.) is amended by inserting after section 245A 

25 the following: 


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1 ‘‘SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE EN2 TRANTS BEFORE DECEMBER 31, 2011, TO 

3 THAT OF REGISTERED PROVISIONAL IMMI4 GRANT. 

5 ‘‘(a) IN GENERAL.—Notwithstanding any other provi6 sion of law, the Secretary of Homeland Security (referred 

7 to in this section and in sections 245C through 245F as 

8 the ‘Secretary’), after conducting the national security and 

9 law enforcement clearances required under subsection 

10 (c)(8), may grant registered provisional immigrant status 

11 to an alien who— 

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

13 in subsection (b); 

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

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

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

17 (c)(10)(A) and the penalty required under subsection 

18 (c)(10)(C), if applicable. 

19 ‘‘(b) ELIGIBILITY REQUIREMENTS.— 

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

21 registered provisional immigrant status unless the 

22 alien establishes, by a preponderance of the evidence, 

23 that the alien meets the requirements set forth in this 

24 subsection. 

25 ‘‘(2) PHYSICAL PRESENCE.— 

26 ‘‘(A) IN GENERAL.—The alien— 


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

2 United States on the date on which the 

3 alien submits an application for registered 

4 provisional immigrant status; 

5 ‘‘(ii) shall have been physically present 

6 in the United States on or before December 

7 31, 2011; and 

8 ‘‘(iii) shall have maintained contin9 uous physical presence in the United States 

10 from December 31, 2011, until the date on 

11 which the alien is granted status as a reg12 istered provisional immigrant under this 

13 section. 

14 ‘‘(B) BREAK IN PHYSICAL PRESENCE.— 

15 ‘‘(i) IN GENERAL.—Except as provided 

16 in clause (ii), an alien who is absent from 

17 the United States without authorization 

18 after the date of the enactment of the Border 

19 Security, Economic Opportunity, and Im20 migration Modernization Act does not meet 

21 the continuous physical presence require22 ment set forth in subparagraph (A)(iii). 

23 ‘‘(ii) EXCEPTION.—An alien who de24 parted from the United States after Decem25 ber 31, 2011, will not be considered to have 


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1 failed to maintain continuous presence in 

2 the United States if the alien’s absences 

3 from the United States are brief, casual, 

4 and innocent whether or not such absences 

5 were authorized by the Secretary. 

6 ‘‘(3) GROUNDS FOR INELIGIBILITY.— 

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

8 subparagraph (B), an alien is ineligible for reg9 istered provisional immigrant status if the Sec10 retary determines that the alien— 

11 ‘‘(i) has a conviction for— 

12 ‘‘(I) an offense classified as a fel13 ony in the convicting jurisdiction 

14 (other than a State or local offense for 

15 which an essential element was the 

16 alien’s immigration status or a viola17 tion of this Act); 

18 ‘‘(II) an aggravated felony (as de19 fined in section 101(a)(43) at the time 

20 of the conviction); 

21 ‘‘(III) 3 or more misdemeanor of22 fenses (other than minor traffic offenses 

23 or State or local offenses for which an 

24 essential element was the alien’s immi25 gration status or violations of this Act) 


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1 if the alien was convicted on different 

2 dates for each of the 3 offenses; 

3 ‘‘(IV) any offense under foreign 

4 law, except for a purely political of5 fense, which, if the offense had been 

6 committed in the United States, would 

7 render the alien inadmissible under 

8 section 212(a) (excluding the para9 graphs set forth in clause (ii)) or re10 movable under section 237(a), except 

11 as provided in paragraph (3) of section 

12 237(a); 

13 ‘‘(V) unlawful voting (as defined 

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

15 ‘‘(ii) is inadmissible under section 

16 212(a), except that in determining an 

17 alien’s inadmissibility— 

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

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

20 apply; 

21 ‘‘(II) subparagraphs (A), (C), (D), 

22 (F), and (G) of section 212(a)(6) and 

23 paragraphs (9)(C) and (10)(B) of sec24 tion 212(a) shall not apply unless 

25 based on the act of unlawfully entering 


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1 the United States after the date of the 

2 enactment of the Border Security, Eco3 nomic Opportunity, and Immigration 

4 Modernization Act; and 

5 ‘‘(III) paragraphs (6)(B) and 

6 (9)(A) of section 212(a) shall not apply 

7 unless the relevant conduct began on or 

8 after the date on which the alien files 

9 an application for registered provi10 sional immigrant status under this sec11 tion; 

12 ‘‘(iii) is an alien who the Secretary 

13 knows or has reasonable grounds to believe, 

14 is engaged in or is likely to engage after 

15 entry in any terrorist activity (as defined 

16 in section 212(a)(3)(B)(iv)); or 

17 ‘‘(iv) was, on April 16, 2013— 

18 ‘‘(I) an alien lawfully admitted 

19 for permanent residence; 

20 ‘‘(II) an alien admitted as a ref21 ugee under section 207 or granted asy22 lum under section 208; or 

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

24 the records of the Secretary or the Sec25 retary of State, is lawfully present in 


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1 the United States in any non2 immigrant status (other than an alien 

3 considered to be a nonimmigrant solely 

4 due to the application of section 

5 244(f)(4) or the amendment made by 

6 section 702 of the Consolidated Natural 

7 Resources Act of 2008 (Public Law 

8 110–229)), notwithstanding any unau9 thorized employment or other violation 

10 of nonimmigrant status. 

11 ‘‘(B) WAIVER.— 

12 ‘‘(i) IN GENERAL.—The Secretary may 

13 waive the application of subparagraph 

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

15 212(a) that is not listed in clause (ii) on be16 half of an alien for humanitarian purposes, 

17 to ensure family unity, or if such a waiver 

18 is otherwise in the public interest. Any dis19 cretionary authority to waive grounds of in20 admissibility under section 212(a) conferred 

21 under any other provision of this Act shall 

22 apply equally to aliens seeking registered 

23 provisional status under this section. 


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1 ‘‘(ii) EXCEPTIONS.—The discretionary 

2 authority under clause (i) may not be used 

3 to waive— 

4 ‘‘(I) subparagraph (B), (C), 

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

6 212(a)(2); 

7 ‘‘(II) section 212(a)(3); 

8 ‘‘(III) subparagraph (A), (C), (D), 

9 or (E) of section 212(a)(10); or 

10 ‘‘(IV) with respect to misrepresen11 tations relating to the application for 

12 registered provisional immigrant sta13 tus, section 212(a)(6)(C)(i). 

14 ‘‘(C) CONVICTION EXPLAINED.—For pur15 poses of this paragraph, the term ‘conviction’ 

16 does not include a judgment that has been ex17 punged, set aside, or the equivalent. 

18 ‘‘(D) RULE OF CONSTRUCTION.—Nothing in 

19 this paragraph may be construed to require the 

20 Secretary to commence removal proceedings 

21 against an alien. 

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

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

24 any alien filing an application for registered provi25 sional immigrant status under this section. 


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

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

3 other provision of law, the Secretary may clas4 sify the spouse or child of a registered provi5 sional immigrant as a registered provisional im6 migrant dependent if the spouse or child— 

7 ‘‘(i) was physically present in the 

8 United States on or before December 31, 

9 2012, and has maintained continuous pres10 ence in the United States from that date 

11 until the date on which the registered provi12 sional immigrant is granted such status, 

13 with the exception of absences from the 

14 United States that are brief, casual, and in15 nocent, whether or not such absences were 

16 authorized by the Secretary; and 

17 ‘‘(ii) meets all of the eligibility require18 ments set forth in this subsection, other than 

19 the requirements of clause (ii) or (iii) of 

20 paragraph (2)(A). 

21 ‘‘(B) EFFECT OF TERMINATION OF LEGAL

22 RELATIONSHIP OR DOMESTIC VIOLENCE.—If the 

23 spousal or parental relationship between an 

24 alien who is granted registered provisional im25 migrant status under this section and the alien’s 


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1 spouse or child is terminated due to death or di2 vorce or the spouse or child has been battered or 

3 subjected to extreme cruelty by the alien (regard4 less of whether the legal relationship terminates), 

5 the spouse or child may apply for classification 

6 as a registered provisional immigrant. 

7 ‘‘(C) EFFECT OF DISQUALIFICATION OF

8 PARENT.—Notwithstanding subsection (c)(3), if 

9 the application of a spouse or parent for reg10 istered provisional immigrant status is termi11 nated or revoked, the husband, wife, or child of 

12 that spouse or parent shall be eligible to apply 

13 for registered provisional immigrant status inde14 pendent of the parent or spouse. 

15 ‘‘(c) APPLICATION PROCEDURES.— 

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

17 spouse or child of such alien, who meets the eligibility 

18 requirements set forth in subsection (b) may apply for 

19 status as a registered provisional immigrant or a reg20 istered provisional immigrant dependent, as applica21 ble, by submitting a completed application form to 

22 the Secretary during the application period set forth 

23 in paragraph (3), in accordance with the final rule 

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1 ernization Act. An applicant for registered provi2 sional immigrant status shall be treated as an appli3 cant for admission. 

4 ‘‘(2) PAYMENT OF TAXES.— 

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

6 an application for registered provisional immi7 grant status under paragraph (1) unless the ap8 plicant has satisfied any applicable Federal tax 

9 liability. 

10 ‘‘(B) DEFINITION OF APPLICABLE FEDERAL

11 TAX LIABILITY.—In this paragraph, the term 

12 ‘applicable Federal tax liability’ means all Fed13 eral income taxes assessed in accordance with 

14 section 6203 of the Internal Revenue Code of 

15 1986. 

16 ‘‘(C) DEMONSTRATION OF COMPLIANCE.— 

17 An applicant may demonstrate compliance with 

18 this paragraph by submitting appropriate docu19 mentation, in accordance with regulations pro20 mulgated by the Secretary, in consultation with 

21 the Secretary of the Treasury. 

22 ‘‘(3) APPLICATION PERIOD.— 

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

24 in subparagraph (B), the Secretary may only ac25 cept applications for registered provisional imVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00952 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 migrant status from aliens in the United States 

2 during the 1-year period beginning on the date 

3 on which the final rule is published in the Fed4 eral Register pursuant to paragraph (1). 

5 ‘‘(B) EXTENSION.—If the Secretary deter6 mines, during the initial period described in 

7 subparagraph (A), that additional time is re8 quired to process applications for registered pro9 visional immigrant status or for other good 

10 cause, the Secretary may extend the period for 

11 accepting applications for such status for an ad12 ditional 18 months. 

13 ‘‘(4) APPLICATION FORM.— 

14 ‘‘(A) REQUIRED INFORMATION.— 

15 ‘‘(i) IN GENERAL.—The application 

16 form referred to in paragraph (1) shall col17 lect such information as the Secretary deter18 mines to be necessary and appropriate, in19 cluding, for the purpose of understanding 

20 immigration trends— 

21 ‘‘(I) an explanation of how, when, 

22 and where the alien entered the United 

23 States; 


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1 ‘‘(II) the country in which the 

2 alien resided before entering the United 

3 States; and 

4 ‘‘(III) other demographic informa5 tion specified by the Secretary. 

6 ‘‘(ii) PRIVACY PROTECTIONS.—Infor7 mation described in subclauses (I) through 

8 (III) of clause (i), which shall be provided 

9 anonymously by the applicant on the appli10 cation form referred to in paragraph (1), 

11 shall be subject to the same confidentiality 

12 provisions as those set forth in section 9 of 

13 title 13, United States Code. 

14 ‘‘(iii) REPORT.—The Secretary shall 

15 submit a report to Congress that contains a 

16 summary of the statistical data about im17 migration trends collected pursuant to 

18 clause (i). 

19 ‘‘(B) FAMILY APPLICATION.—The Secretary 

20 shall establish a process through which an alien 

21 may submit a single application under this sec22 tion on behalf of the alien, his or her spouse, and 

23 his or her children who are residing in the 

24 United States. 


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1 ‘‘(C) INTERVIEW.—The Secretary may 

2 interview applicants for registered provisional 

3 immigrant status under this section to determine 

4 whether they meet the eligibility requirements set 

5 forth in subsection (b). 

6 ‘‘(5) ALIENS APPREHENDED BEFORE OR DURING

7 THE APPLICATION PERIOD.—If an alien who is appre8 hended during the period beginning on the date of the 

9 enactment of the Border Security, Economic Oppor10 tunity, and Immigration Modernization Act and the 

11 end of the application period described in paragraph 

12 (3) appears prima facie eligible for registered provi13 sional immigrant status, to the satisfaction of the 

14 Secretary, the Secretary— 

15 ‘‘(A) shall provide the alien with a reason16 able opportunity to file an application under 

17 this section during such application period; and 

18 ‘‘(B) may not remove the individual until a 

19 final administrative determination is made on 

20 the application. 

21 ‘‘(6) ELIGIBILITY AFTER DEPARTURE.— 

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

23 from the United States while subject to an order 

24 of exclusion, deportation, or removal, or pursu25 ant to an order of voluntary departure and who 


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1 is outside of the United States, or who has reen2 tered the United States illegally after December 

3 31, 2011 without receiving the Secretary’s con4 sent to reapply for admission under section 

5 212(a)(9), shall not be eligible to file an applica6 tion for registered provisional immigrant status. 

7 ‘‘(B) WAIVER.—The Secretary, in the Sec8 retary’s sole and unreviewable discretion, subject 

9 to subparagraph (D), may waive the application 

10 of subparagraph (A) on behalf of an alien if the 

11 alien— 

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

13 States citizen or lawful permanent resident; 

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

15 United States citizen or lawful permanent 

16 resident; 

17 ‘‘(iii) meets the requirements set forth 

18 in clauses (ii) and (iii) of section 

19 245D(b)(1)(A); or 

20 ‘‘(iv) meets the requirements set forth 

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

22 older on the date on which the alien applies 

23 for registered provisional immigrant status, 

24 and was physically present in the United 

25 States for an aggregate period of not less 


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1 than 3 years during the 6-year period im2 mediately preceding the date of the enact3 ment of the Border Security, Economic Op4 portunity, and Immigration Modernization 

5 Act. 

6 ‘‘(C) ELIGIBILITY.—Subject to subpara7 graph (D) and notwithstanding subsection 

8 (b)(2), section 241(a)(5), or a prior order of ex9 clusion, deportation, or removal, an alien de10 scribed in subparagraph (B) who is otherwise el11 igible for registered provisional immigrant status 

12 may file an application for such status. 

13 ‘‘(D) CRIME VICTIMS’ RIGHTS TO NOTICE

14 AND CONSULTATION.—Prior to applying, or exer15 cising, any authority under this paragraph, or 

16 ruling upon an application allowed under sub17 paragraph (C) the Secretary shall— 

18 ‘‘(i) determine whether or not an alien 

19 described under subparagraph (B) or (C) 

20 has a conviction for any criminal offense; 

21 ‘‘(ii) in consultation with the agency 

22 that prosecuted the criminal offense under 

23 clause (i), if the agency, in the sole discre24 tion of the agency, is willing to cooperate 

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1 forts to identify each victim of a crime for 

2 which an alien determined to be a criminal 

3 under clause (i) has a conviction; 

4 ‘‘(iii) in consultation with the agency 

5 that prosecuted the criminal offense under 

6 clause (i), if the agency, in the sole discre7 tion of the agency, is willing to cooperate 

8 with the Secretary, make all reasonable ef9 forts to provide each victim identified under 

10 clause (ii) with written notice that the alien 

11 is being considered for a waiver under this 

12 paragraph, specifying in such notice that 

13 the victim may— 

14 ‘‘(I) take no further action; 

15 ‘‘(II) request written notification 

16 by the Secretary of any subsequent ap17 plication for waiver filed by the crimi18 nal alien under this paragraph and of 

19 the final determination of the Sec20 retary regarding such application; or 

21 ‘‘(III) not later than 60 days after 

22 the date on which the victim receives 

23 written notice under this clause, re24 quest a consultation with the Secretary 

25 relating to whether the application of 


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1 the offender should be granted and if 

2 the victim cannot be located or if no 

3 response is received from the victim 

4 within the designated time period, the 

5 Secretary shall proceed with adjudica6 tion of the application; and 

7 ‘‘(iv) at the request of a victim under 

8 clause (iii), consult with the victim to deter9 mine whether or not the Secretary should, 

10 in the case of an alien who is determined 

11 under clause (i) to have a conviction for 

12 any criminal offense, exercise waiver au13 thority for an alien described under sub14 paragraph (B), or grant the application of 

15 an alien described under subparagraph (C). 

16 ‘‘(E) CRIME VICTIMS’ RIGHT TO INTERVEN17 TION.—In addition to the victim notification 

18 and consultation provided for in subparagraph 

19 (D), the Secretary shall allow the victim of a 

20 criminal alien described under subparagraph 

21 (B) or (C) to request consultation regarding, or 

22 notice of, any application for waiver filed by the 

23 criminal alien under this paragraph, including 

24 the final determination of the Secretary regard25 ing such application. 


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1 ‘‘(F) CONFIDENTIALITY PROTECTIONS FOR

2 CRIME VICTIMS.—The Secretary and the Attor3 ney General may not make an adverse deter4 mination of admissibility or deportability of any 

5 alien who is a victim and not lawfully present 

6 in the United States based solely on information 

7 supplied or derived in the process of identifica8 tion, notification, or consultation under this 

9 paragraph. 

10 ‘‘(G) REPORTS REQUIRED.—Not later than 

11 September 30 of each fiscal year in which the 

12 Secretary exercises authority under this para13 graph to rule upon the application of a criminal 

14 offender allowed under subparagraph (C), the 

15 Secretary shall submit to the Committee on the 

16 Judiciary of the Senate and the Committee on 

17 the Judiciary of the House of Representatives a 

18 report detailing the execution of the victim iden19 tification and notification process required 

20 under subparagraph (D), which shall include— 

21 ‘‘(i) the total number of criminal of22 fenders who have filed an application under 

23 subparagraph (C) and the crimes committed 

24 by such offenders; 


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1 ‘‘(ii) the total number of criminal of2 fenders whose application under subpara3 graph (C) has been granted and the crimes 

4 committed by such offenders; and 

5 ‘‘(iii) the total number of victims of 

6 criminal offenders under clause (ii) who 

7 were not provided with written notice of the 

8 offender’s application and the crimes com9 mitted against the victims. 

10 ‘‘(H) DEFINITION.—In this paragraph, the 

11 term ‘victim’ has the meaning given the term in 

12 section 503(e) of the Victims’ Rights and Restitu13 tion Act of 1990 (42 U.S.C. 10607(e)). 

14 ‘‘(7) SUSPENSION OF REMOVAL DURING APPLICA15 TION PERIOD.— 

16 ‘‘(A) PROTECTION FROM DETENTION OR RE17 MOVAL.—A registered provisional immigrant 

18 may not be detained by the Secretary or removed 

19 from the United States, unless— 

20 ‘‘(i) the Secretary determines that— 

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

22 ineligible for registered provisional im23 migrant status under subsection (b)(3); 

24 or 


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1 ‘‘(II) the alien’s registered provi2 sional immigrant status has been re3 voked under subsection (d)(2). 

4 ‘‘(B) ALIENS IN REMOVAL PROCEEDINGS.— 

5 Notwithstanding any other provision of this 

6 Act— 

7 ‘‘(i) if the Secretary determines that an 

8 alien, during the period beginning on the 

9 date of the enactment of this section and 

10 ending on the last day of the application 

11 period described in paragraph (3), is in re12 moval, deportation, or exclusion proceedings 

13 before the Executive Office for Immigration 

14 Review and is prima facie eligible for reg15 istered provisional immigrant status under 

16 this section— 

17 ‘‘(I) the Secretary shall provide 

18 the alien with the opportunity to file 

19 an application for such status; and 

20 ‘‘(II) upon motion by the Sec21 retary and with the consent of the 

22 alien or upon motion by the alien, the 

23 Executive Office for Immigration Re24 view shall— 


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1 ‘‘(aa) terminate such pro2 ceedings without prejudice to fu3 ture proceedings on any basis; 

4 and 

5 ‘‘(bb) provide the alien a rea6 sonable opportunity to apply for 

7 such status; and 

8 ‘‘(ii) if the Executive Office for Immi9 gration Review determines that an alien, 

10 during the period beginning on the date of 

11 the enactment of this section and ending on 

12 the last day of the application period de13 scribed in paragraph (3), is in removal, de14 portation, or exclusion proceedings before 

15 the Executive Office for Immigration Re16 view and is prima facie eligible for reg17 istered provisional immigrant status under 

18 this section— 

19 ‘‘(I) the Executive Office of Immi20 gration Review shall notify the Sec21 retary of such determination; and 

22 ‘‘(II) if the Secretary does not dis23 pute the determination of prima facie 

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1 migration Review, upon consent of the 

2 alien, shall— 

3 ‘‘(aa) terminate such pro4 ceedings without prejudice to fu5 ture proceedings on any basis; 

6 and 

7 ‘‘(bb) permit the alien a rea8 sonable opportunity to apply for 

9 such status. 

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

11 ‘‘(i) IN GENERAL.—If an alien who 

12 meets the eligibility requirements set forth 

13 in subsection (b) is present in the United 

14 States and has been ordered excluded, de15 ported, or removed, or ordered to depart vol16 untarily from the United States under any 

17 provision of this Act— 

18 ‘‘(I) notwithstanding such order 

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

20 apply for registered provisional immi21 grant status under this section; and 

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

23 status, the alien shall file a motion to 

24 reopen the exclusion, deportation, re25 moval, or voluntary departure order, 


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1 which motion shall be granted unless 1 

2 or more of the grounds of ineligibility 

3 is established by clear and convincing 

4 evidence. 

5 ‘‘(ii) LIMITATIONS ON MOTIONS TO RE6 OPEN.—The limitations on motions to re7 open set forth in section 240(c)(7) shall not 

8 apply to motions filed under clause (i)(II). 

9 ‘‘(D) PERIOD PENDING ADJUDICATION OF

10 APPLICATION.— 

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

12 beginning on the date on which an alien 

13 applies for registered provisional immigrant 

14 status under paragraph (1) and the date on 

15 which the Secretary makes a final decision 

16 regarding such application, the alien— 

17 ‘‘(I) may receive advance parole 

18 to reenter the United States if urgent 

19 humanitarian circumstances compel 

20 such travel; 

21 ‘‘(II) may not be detained by the 

22 Secretary or removed from the United 

23 States unless the Secretary makes a 

24 prima facie determination that such 

25 alien is, or has become, ineligible for 


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1 registered provisional immigrant sta2 tus under subsection (b)(3); 

3 ‘‘(III) shall not be considered un4 lawfully present for purposes of section 

5 212(a)(9)(B); and 

6 ‘‘(IV) shall not be considered an 

7 unauthorized alien (as defined in sec8 tion 274A(h)(3)). 

9 ‘‘(ii) EVIDENCE OF APPLICATION FIL10 ING.—As soon as practicable after receiving 

11 each application for registered provisional 

12 immigrant status, the Secretary shall pro13 vide the applicant with a document ac14 knowledging the receipt of such application. 

15 ‘‘(iii) CONTINUING EMPLOYMENT.—An 

16 employer who knows that an alien employee 

17 is an applicant for registered provisional 

18 immigrant status or will apply for such 

19 status once the application period com20 mences is not in violation of section 

21 274A(a)(2) if the employer continues to em22 ploy the alien pending the adjudication of 

23 the alien employee’s application. 


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1 ‘‘(iv) EFFECT OF DEPARTURE.—Sec2 tion 101(g) shall not apply to an alien 

3 granted— 

4 ‘‘(I) advance parole under clause 

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

6 ‘‘(II) registered provisional immi7 grant status. 

8 ‘‘(8) SECURITY AND LAW ENFORCEMENT CLEAR9 ANCES.— 

10 ‘‘(A) BIOMETRIC AND BIOGRAPHIC DATA.— 

11 The Secretary may not grant registered provi12 sional immigrant status to an alien or an alien 

13 dependent spouse or child under this section un14 less such alien submits biometric and biographic 

15 data in accordance with procedures established 

16 by the Secretary. 

17 ‘‘(B) ALTERNATIVE PROCEDURES.—The 

18 Secretary shall provide an alternative procedure 

19 for applicants who cannot provide the biometric 

20 data required under subparagraph (A) because of 

21 a physical impairment. 

22 ‘‘(C) CLEARANCES.— 

23 ‘‘(i) DATA COLLECTION.—The Sec24 retary shall collect, from each alien apply25 ing for status under this section, biometric, 


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1 biographic, and other data that the Sec2 retary determines to be appropriate— 

3 ‘‘(I) to conduct national security 

4 and law enforcement clearances; and 

5 ‘‘(II) to determine whether there 

6 are any national security or law en7 forcement factors that would render an 

8 alien ineligible for such status. 

9 ‘‘(ii) ADDITIONAL SECURITY SCREEN10 ING.—The Secretary, in consultation with 

11 the Secretary of State and other interagency 

12 partners, shall conduct an additional secu13 rity screening upon determining, in the 

14 Secretary’s opinion based upon information 

15 related to national security, that an alien 

16 or alien dependent spouse or child is or was 

17 a citizen or long-term resident of a region 

18 or country known to pose a threat, or that 

19 contains groups or organizations that pose 

20 a threat, to the national security of the 

21 United States. 

22 ‘‘(iii) PREREQUISITE.—The required 

23 clearances and screenings described in 

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1 fore the alien may be granted registered 

2 provisional immigrant status. 

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

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

5 authorized admission for a registered provisional 

6 immigrant— 

7 ‘‘(i) shall remain valid for 6 years un8 less revoked pursuant to subsection (d)(2); 

9 and 

10 ‘‘(ii) may be extended for additional 6- 

11 year terms if— 

12 ‘‘(I) the alien remains eligible for 

13 registered provisional immigrant sta14 tus; 

15 ‘‘(II) the alien meets the employ16 ment requirements set forth in sub17 paragraph (B); 

18 ‘‘(III) the alien has successfully 

19 passed background checks that are 

20 equivalent to the background checks de21 scribed in section 245D(b)(1)(E); and 

22 ‘‘(IV) such status was not revoked 

23 by the Secretary for any reason. 

24 ‘‘(B) EMPLOYMENT OR EDUCATION RE25 QUIREMENT.—Except as provided in subparaVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00969 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 graphs (D) and (E) of section 245C(b)(3), an 

2 alien may not be granted an extension of reg3 istered provisional immigrant status under this 

4 paragraph unless the alien establishes that, dur5 ing the alien’s period of status as a registered 

6 provisional immigrant, the alien— 

7 ‘‘(i)(I) was regularly employed 

8 throughout the period of admission as a reg9 istered provisional immigrant, allowing for 

10 brief periods lasting not more than 60 days; 

11 and 

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

13 charge (as determined under section 

14 212(a)(4)); or 

15 ‘‘(ii) is able to demonstrate average in16 come or resources that are not less than 100 

17 percent of the Federal poverty level through18 out the period of admission as a registered 

19 provisional immigrant. 

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

21 may not be granted an extension of registered 

22 provisional immigrant status under subpara23 graph (A)(ii) unless the applicant has satisfied 

24 any applicable Federal tax liability in accord25 ance with paragraph (2). 


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1 ‘‘(10) FEES AND PENALTIES.— 

2 ‘‘(A) STANDARD PROCESSING FEE.— 

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

4 years of age or older and are applying for 

5 registered provisional immigrant status 

6 under paragraph (1), or for an extension of 

7 such status under paragraph (9)(A)(ii), 

8 shall pay a processing fee to the Depart9 ment of Homeland Security in an amount 

10 determined by the Secretary. 

11 ‘‘(ii) RECOVERY OF COSTS.—The proc12 essing fee authorized under clause (i) shall 

13 be set at a level that is sufficient to recover 

14 the full costs of processing the application, 

15 including any costs incurred— 

16 ‘‘(I) to adjudicate the application; 

17 ‘‘(II) to take and process bio18 metrics; 

19 ‘‘(III) to perform national secu20 rity and criminal checks, including ad21 judication; 

22 ‘‘(IV) to prevent and investigate 

23 fraud; and 

24 ‘‘(V) to administer the collection 

25 of such fee. 


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1 ‘‘(iii) AUTHORITY TO LIMIT FEES.— 

2 The Secretary, by regulation, may— 

3 ‘‘(I) limit the maximum proc4 essing fee payable under this subpara5 graph by a family, including spouses 

6 and unmarried children younger than 

7 21 years of age; and 

8 ‘‘(II) exempt defined classes of in9 dividuals, including individuals de10 scribed in section 245B(c)(13), from 

11 the payment of the fee authorized 

12 under clause (i). 

13 ‘‘(B) DEPOSIT AND USE OF PROCESSING

14 FEES.—Fees collected under subparagraph 

15 (A)(i)— 

16 ‘‘(i) shall be deposited into the Immi17 gration Examinations Fee Account pursu18 ant to section 286(m); and 

19 ‘‘(ii) shall remain available until ex20 pended pursuant to section 286(n). 

21 ‘‘(C) PENALTY.— 

22 ‘‘(i) PAYMENT.—In addition to the 

23 processing fee required under subparagraph 

24 (A), aliens not described in section 

25 245D(b)(A)(ii) who are 21 years of age or 


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1 older and are filing an application under 

2 this subsection shall pay a $1,000 penalty 

3 to the Department of Homeland Security. 

4 ‘‘(ii) INSTALLMENTS.—The Secretary 

5 shall establish a process for collecting pay6 ments required under clause (i) that per7 mits the penalty under that clause to be 

8 paid in periodic installments that shall be 

9 completed before the alien may be granted 

10 an extension of status under paragraph 

11 (9)(A)(ii). 

12 ‘‘(iii) DEPOSIT.—Penalties collected 

13 pursuant to this subparagraph shall be de14 posited into the Comprehensive Immigra15 tion Reform Trust Fund established under 

16 section 6(a)(1) of the Border Security, Eco17 nomic Opportunity, and Immigration Mod18 ernization Act. 

19 ‘‘(11) ADJUDICATION.— 

20 ‘‘(A) FAILURE TO SUBMIT SUFFICIENT EVI21 DENCE.—The Secretary shall deny an applica22 tion submitted by an alien who fails to submit— 

23 ‘‘(i) requested initial evidence, includ24 ing requested biometric data; or 


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1 ‘‘(ii) any requested additional evidence 

2 by the date required by the Secretary. 

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

4 whose application for registered provisional im5 migrant status is denied under subparagraph 

6 (A) may file an amended application for such 

7 status to the Secretary if the amended applica8 tion— 

9 ‘‘(i) is filed within the application pe10 riod described in paragraph (3); and 

11 ‘‘(ii) contains all the required informa12 tion and fees that were missing from the 

13 initial application. 

14 ‘‘(12) EVIDENCE OF REGISTERED PROVISIONAL

15 IMMIGRANT STATUS.— 

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

17 issue documentary evidence of registered provi18 sional immigrant status to each alien whose ap19 plication for such status has been approved. 

20 ‘‘(B) DOCUMENTATION FEATURES.—Docu21 mentary evidence provided under subparagraph 

22 (A)— 

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

24 tamper-resistant, and shall contain a 

25 digitized photograph; 


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1 ‘‘(ii) shall, during the alien’s author2 ized period of admission, and any extension 

3 of such authorized admission, serve as a 

4 valid travel and entry document for the 

5 purpose of applying for admission to the 

6 United States; 

7 ‘‘(iii) may be accepted during the pe8 riod of its validity by an employer as evi9 dence of employment authorization and 

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

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

12 authorized to work in the United States for 

13 up to 3 years; and 

14 ‘‘(v) shall include such other features 

15 and information as may be prescribed by 

16 the Secretary. 

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

18 determines that an alien who was granted Deferred 

19 Action for Childhood Arrivals (referred to in this 

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

21 memorandum of June 15, 2012, has engaged in con22 duct since the alien was granted DACA that would 

23 make the alien ineligible for registered provisional 

24 immigrant status, the Secretary may grant such sta25 tus to the alien if renewed national security and law 


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1 enforcement clearances have been completed on behalf 

2 of the alien. 

3 ‘‘(d) TERMS AND CONDITIONS OF REGISTERED PROVI4 SIONAL IMMIGRANT STATUS.— 

5 ‘‘(1) CONDITIONS OF REGISTERED PROVISIONAL

6 IMMIGRANT STATUS.— 

7 ‘‘(A) EMPLOYMENT.—Notwithstanding any 

8 other provision of law, including section 

9 241(a)(7), a registered provisional immigrant 

10 shall be authorized to be employed in the United 

11 States while in such status. 

12 ‘‘(B) TRAVEL OUTSIDE THE UNITED

13 STATES.—A registered provisional immigrant 

14 may travel outside of the United States and may 

15 be admitted, if otherwise admissible, upon re16 turning to the United States without having to 

17 obtain a visa if— 

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

19 ‘‘(I) valid, unexpired documen20 tary evidence of registered provisional 

21 immigrant status that complies with 

22 subsection (c)(12); or 

23 ‘‘(II) a travel document, duly ap24 proved by the Secretary, that was 

25 issued to the alien after the alien’s 


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1 original documentary evidence was 

2 lost, stolen, or destroyed; 

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

4 United States did not exceed 180 days, un5 less the alien’s failure to timely return was 

6 due to extenuating circumstances beyond the 

7 alien’s control; 

8 ‘‘(iii) the alien meets the requirements 

9 for an extension as described in subclauses 

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

11 ‘‘(iv) the alien establishes that the alien 

12 is not inadmissible under subparagraph 

13 (A)(i), (A)(iii), (B), or (C) of section 

14 212(a)(3). 

15 ‘‘(C) ADMISSION.—An alien granted reg16 istered provisional immigrant status under this 

17 section shall be considered to have been admitted 

18 and lawfully present in the United States in 

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

20 application was filed. 

21 ‘‘(D) CLARIFICATION OF STATUS.—An alien 

22 granted registered provisional immigrant sta23 tus— 

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

25 States; and 


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1 ‘‘(ii) may not be classified as a non2 immigrant or as an alien who has been 

3 lawfully admitted for permanent residence. 

4 ‘‘(2) REVOCATION.— 

5 ‘‘(A) IN GENERAL.—The Secretary may re6 voke the status of a registered provisional immi7 grant at any time after providing appropriate 

8 notice to the alien, and after the exhaustion or 

9 waiver of all applicable administrative review 

10 procedures under section 245E(c), if the alien— 

11 ‘‘(i) no longer meets the eligibility re12 quirements set forth in subsection (b); 

13 ‘‘(ii) knowingly used documentation 

14 issued under this section for an unlawful or 

15 fraudulent purpose; 

16 ‘‘(iii) is convicted of fraudulently 

17 claiming or receiving a Federal means-test18 ed benefit (as defined and implemented in 

19 section 403 of the Personal Responsibility 

20 and Work Opportunity Reconciliation Act 

21 of 1996 (8 U.S.C. 1613)) after being grant22 ed registered provisional immigrant status; 

23 or 

24 ‘‘(iv) 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 under 

12 subparagraph (A), the Secretary may require the 

13 alien— 

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

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

16 ‘‘(C) INVALIDATION OF DOCUMENTATION.— 

17 If an alien’s registered provisional immigrant 

18 status is revoked under subparagraph (A), any 

19 documentation issued by the Secretary to such 

20 alien under subsection (c)(12) shall automati21 cally be rendered invalid for any purpose except 

22 for departure from the United States. 

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

24 ‘‘(A) IN GENERAL.—An alien who has been 

25 granted registered provisional immigrant status 


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1 under this section is not eligible for any Federal 

2 means-tested public benefit (as defined and im3 plemented in section 403 of the Personal Respon4 sibility and Work Opportunity Reconciliation 

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

6 ‘‘(B) AUDITS.—The Secretary of Health 

7 and Human Services shall conduct regular au8 dits to ensure that registered provisional immi9 grants are not fraudulently receiving any of the 

10 benefits described in subparagraph (A). 

11 ‘‘(4) TREATMENT OF REGISTERED PROVISIONAL

12 IMMIGRANTS.—A noncitizen granted registered provi13 sional immigrant status under this section shall be 

14 considered lawfully present in the United States for 

15 all purposes while such noncitizen remains in such 

16 status, except that the noncitizen— 

17 ‘‘(A) is not entitled to the premium assist18 ance tax credit authorized under section 36B of 

19 the Internal Revenue Code of 1986 for his or her 

20 coverage; 

21 ‘‘(B) shall be subject to the rules applicable 

22 to individuals not lawfully present that are set 

23 forth in subsection (e) of such section; 

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

25 to individuals not lawfully present that are set 


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1 forth in section 1402(e) of the Patient Protection 

2 and Affordable Care Act (42 U.S.C. 18071); and 

3 ‘‘(D) shall be subject to the rules applicable 

4 to individuals not lawfully present set forth in 

5 section 5000A(d)(3) of the Internal Revenue Code 

6 of 1986. 

7 ‘‘(5) ASSIGNMENT OF SOCIAL SECURITY NUM8 BER.— 

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

10 Social Security, in coordination with the Sec11 retary, shall implement a system to allow for the 

12 assignment of a Social Security number and the 

13 issuance of a Social Security card to each alien 

14 who has been granted registered provisional im15 migrant status under this section. 

16 ‘‘(B) USE OF INFORMATION.—The Secretary 

17 shall provide the Commissioner of Social Secu18 rity with information from the applications filed 

19 by aliens granted registered provisional immi20 grant status under this section and such other 

21 information as the Commissioner determines to 

22 be necessary to assign a Social Security account 

23 number to such aliens. The Commissioner may 

24 use information received from the Secretary 

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1 rity account numbers to such aliens and to ad2 minister the programs of the Social Security Ad3 ministration. The Commissioner may maintain, 

4 use, and disclose such information only as per5 mitted under section 552a of title 5, United 

6 States Code (commonly known as the Privacy 

7 Act of 1974) and other applicable Federal laws. 

8 ‘‘(e) DISSEMINATION OF INFORMATION ON REG9 ISTERED PROVISIONAL IMMIGRANT PROGRAM.—As soon as 

10 practicable after the date of the enactment of the Border 

11 Security, Economic Opportunity, and Immigration Mod12 ernization Act, the Secretary, in cooperation with entities 

13 approved by the Secretary, and in accordance with a plan 

14 adopted by the Secretary, shall broadly disseminate, in the 

15 most common languages spoken by aliens who would qual16 ify for registered provisional immigrant status under this 

17 section, to television, radio, print, and social media to 

18 which such aliens would likely have access— 

19 ‘‘(1) the procedures for applying for such status; 

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

21 ‘‘(3) the eligibility requirements for such sta22 tus.’’. 

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

24 504(b)(1) of title 10, United States Code, is amended by 

25 adding at the end the following: 


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

2 provisional immigrant status under section 245B of 

3 the Immigration and Nationality Act.’’. 

4 SEC. 2102. ADJUSTMENT OF STATUS OF REGISTERED PRO5 VISIONAL IMMIGRANTS. 

6 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 1255 

7 et seq.) is amended by inserting after section 245B, as 

8 added by section 2101 of this title, the following: 

9 ‘‘SEC. 245C. ADJUSTMENT OF STATUS OF REGISTERED PRO10 VISIONAL IMMIGRANTS. 

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

12 section 2302(c)(3) of the Border Security, Economic Oppor13 tunity, and Immigration Modernization Act, the Secretary 

14 may adjust the status of a registered provisional immigrant 

15 to that of an alien lawfully admitted for permanent resi16 dence if the registered provisional immigrant satisfies the 

17 eligibility requirements set forth in subsection (b). 

18 ‘‘(b) ELIGIBILITY REQUIREMENTS.— 

19 ‘‘(1) REGISTERED PROVISIONAL IMMIGRANT STA20 TUS.— 

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

22 registered provisional immigrant status under 

23 section 245B and remains eligible for such sta24 tus. 


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1 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 

2 The alien establishes, to the satisfaction of the 

3 Secretary, that the alien was not continuously 

4 absent from the United States for more than 180 

5 days in any calendar year during the period of 

6 admission as a registered provisional immi7 grant, unless the alien’s absence was due to ex8 tenuating circumstances beyond the alien’s con9 trol. 

10 ‘‘(C) MAINTENANCE OF WAIVERS OF INAD11 MISSIBILITY.—The grounds of inadmissibility set 

12 forth in section 212(a) that were previously 

13 waived for the alien or made inapplicable under 

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

15 the alien’s adjustment of status under this sec16 tion. 

17 ‘‘(D) PENDING REVOCATION PRO18 CEEDINGS.—If the Secretary has notified the ap19 plicant that the Secretary intends to revoke the 

20 applicant’s registered provisional immigrant sta21 tus under section 245B(d)(2)(A), the Secretary 

22 may not approve an application for adjustment 

23 of status under this section unless the Secretary 

24 makes a final determination not to revoke the 

25 applicant’s status. 


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1 ‘‘(2) PAYMENT OF TAXES.— 

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

3 file an application for adjustment of status 

4 under this section unless the applicant has satis5 fied any applicable Federal tax liability. 

6 ‘‘(B) DEFINITION OF APPLICABLE FEDERAL

7 TAX LIABILITY.—In subparagraph (A), the term 

8 ‘applicable Federal tax liability’ means all Fed9 eral income taxes assessed in accordance with 

10 section 6203 of the Internal Revenue Code of 

11 1986 since the date on which the applicant was 

12 authorized to work in the United States as a reg13 istered provisional immigrant under section 

14 245B(a). 

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

16 demonstrate compliance with subparagraph (A) 

17 by submitting such documentation as the Sec18 retary, in consultation with the Secretary of the 

19 Treasury, may require by regulation. 

20 ‘‘(3) EMPLOYMENT REQUIREMENT.— 

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

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

23 for adjustment of status under this section shall 

24 establish that, during his or her period of status 


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1 as a registered provisional immigrant, he or 

2 she— 

3 ‘‘(i)(I) was regularly employed 

4 throughout the period of admission as a reg5 istered provisional immigrant, allowing for 

6 brief periods lasting not more than 60 days; 

7 and 

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

9 charge (as determined under section 

10 212(a)(4)); or 

11 ‘‘(ii) can demonstrate average income 

12 or resources that are not less than 125 per13 cent of the Federal poverty level throughout 

14 the period of admission as a registered pro15 visional immigrant. 

16 ‘‘(B) EVIDENCE OF EMPLOYMENT.— 

17 ‘‘(i) DOCUMENTS.—An alien may sat18 isfy the employment requirement under sub19 paragraph (A)(i) by submitting, to the Sec20 retary, records that— 

21 ‘‘(I) establish, by the preponder22 ance of the evidence, compliance with 

23 such employment requirement; and 

24 ‘‘(II) have been maintained by the 

25 Social Security Administration, the 


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1 Internal Revenue Service, or any other 

2 Federal, State, or local government 

3 agency. 

4 ‘‘(ii) OTHER DOCUMENTS.—An alien 

5 who is unable to submit the records de6 scribed in clause (i) may satisfy the em7 ployment or education requirement under 

8 subparagraph (A) by submitting to the Sec9 retary at least 2 types of reliable documents 

10 not described in clause (i) that provide evi11 dence of employment or education, includ12 ing— 

13 ‘‘(I) bank records; 

14 ‘‘(II) business records; 

15 ‘‘(III) employer records; 

16 ‘‘(IV) records of a labor union, 

17 day labor center, or organization that 

18 assists workers in employment; 

19 ‘‘(V) sworn affidavits from nonrel20 atives who have direct knowledge of the 

21 alien’s work or education, that con22 tain— 

23 ‘‘(aa) the name, address, and 

24 telephone number of the affiant; 


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1 ‘‘(bb) the nature and dura2 tion of the relationship between 

3 the affiant and the alien; and 

4 ‘‘(cc) other verification or in5 formation; 

6 ‘‘(VI) remittance records; and 

7 ‘‘(VII) school records from institu8 tions described in subparagraph (D). 

9 ‘‘(iii) ADDITIONAL DOCUMENTS AND

10 RESTRICTIONS.—The Secretary may— 

11 ‘‘(I) designate additional docu12 ments that may be used to establish 

13 compliance with the requirement under 

14 subparagraph (A); and 

15 ‘‘(II) set such terms and condi16 tions on the use of affidavits as may be 

17 necessary to verify and confirm the 

18 identity of any affiant or to otherwise 

19 prevent fraudulent submissions. 

20 ‘‘(C) SATISFACTION OF EMPLOYMENT RE21 QUIREMENT.—An alien may not be required to 

22 satisfy the employment requirements under this 

23 section with a single employer. 

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

25 may satisfy the requirement under subparagraph 


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1 (A), in whole or in part, by providing evidence 

2 of full-time attendance at— 

3 ‘‘(i) an institution of higher education 

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

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

6 1002(a))); 

7 ‘‘(ii) a secondary school, including a 

8 public secondary school (as defined in sec9 tion 9101 of the Elementary and Secondary 

10 Education Act of 1965 (20 U.S.C. 7801)); 

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

12 and technical training program (including 

13 vocational training) that is designed to lead 

14 to placement in postsecondary education, 

15 job training, or employment through which 

16 the alien is working toward such placement; 

17 or 

18 ‘‘(iv) an education program assisting 

19 students either in obtaining a high school 

20 equivalency diploma, certificate, or its rec21 ognized equivalent under State law (includ22 ing a certificate of completion, certificate of 

23 attendance, or alternate award), or in pass24 ing a General Educational Development 

25 exam or other equivalent State-authorized 


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1 exam or completed other applicable State 

2 requirements for high school equivalency. 

3 ‘‘(E) AUTHORIZATION OF EXCEPTIONS AND

4 WAIVERS.— 

5 ‘‘(i) EXCEPTIONS BASED ON AGE OR

6 DISABILITY.—The employment and edu7 cation requirements under this paragraph 

8 shall not apply to any alien who— 

9 ‘‘(I) is younger than 21 years of 

10 age on the date on which the alien files 

11 an application for the first extension of 

12 the initial period of authorized admis13 sion as a registered provisional immi14 grant; 

15 ‘‘(II) is at least 60 years of age on 

16 the date on which the alien files an ap17 plication for an extension of registered 

18 provisional immigrant status or at 

19 least 65 years of age on the date on 

20 which the alien’s application for ad21 justment of status is filed under this 

22 section; or 

23 ‘‘(III) has a physical or mental 

24 disability (as defined in section 3(2) of 

25 the Americans with Disabilities Act of 


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1 1990 (42 U.S.C. 12102(2))) or as a re2 sult of pregnancy if such condition is 

3 evidenced by the submission of docu4 mentation prescribed by the Secretary. 

5 ‘‘(ii) FAMILY EXCEPTIONS.—The em6 ployment and education requirements under 

7 this paragraph shall not apply to any alien 

8 who is a dependent registered provisional 

9 immigrant under subsection (b)(5). 

10 ‘‘(iii) TEMPORARY EXCEPTIONS.—The 

11 employment and education requirements 

12 under this paragraph shall not apply dur13 ing any period during which the alien— 

14 ‘‘(I) was on medical leave, mater15 nity leave, or other employment leave 

16 authorized by Federal law, State law, 

17 or the policy of the employer; 

18 ‘‘(II) is or was the primary care19 taker of a child or another person who 

20 requires supervision or is unable to 

21 care for himself or herself; or 

22 ‘‘(III) was unable to work due to 

23 circumstances outside the control of the 

24 alien. 


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1 ‘‘(iv) WAIVER.—The Secretary may 

2 waive the employment or education require3 ments under this paragraph with respect to 

4 any individual alien who demonstrates ex5 treme hardship to himself or herself or to a 

6 spouse, parent, or child who is a United 

7 States citizen or lawful permanent resident. 

8 ‘‘(4) ENGLISH SKILLS.— 

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

10 under subparagraph (C), a registered provisional 

11 immigrant who is 16 years of age or older shall 

12 establish that he or she— 

13 ‘‘(i) meets the requirements set forth in 

14 section 312; or 

15 ‘‘(ii) is satisfactorily pursuing a course 

16 of study, pursuant to standards established 

17 by the Secretary of Education, in consulta18 tion with the Secretary, to achieve an un19 derstanding of English and knowledge and 

20 understanding of the history and Govern21 ment of the United States, as described in 

22 section 312(a). 

23 ‘‘(B) RELATION TO NATURALIZATION EXAM24 INATION.—A registered provisional immigrant 

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1 quirements set forth in section 312 may be con2 sidered to have satisfied such requirements for 

3 purposes of becoming naturalized as a citizen of 

4 the United States. 

5 ‘‘(C) EXCEPTIONS.— 

6 ‘‘(i) MANDATORY.—Subparagraph (A) 

7 shall not apply to any person who is unable 

8 to comply with the requirements under that 

9 subparagraph because of a physical or de10 velopmental disability or mental impair11 ment. 

12 ‘‘(ii) DISCRETIONARY.—The Secretary 

13 may waive all or part of subparagraph (A) 

14 for a registered provisional immigrant who 

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

16 which an application is filed for adjustment 

17 of status under this section. 

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

19 shall provide proof of registration under the Military 

20 Selective Service Act (50 U.S.C. App. 451 et seq.), if 

21 the alien is subject to such registration on or after the 

22 date on which the alien’s application for registered 

23 provisional immigrant status is granted. 

24 ‘‘(c) APPLICATION PROCEDURES.— 


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1 ‘‘(1) IN GENERAL.—Beginning on the date de2 scribed in paragraph (2), a registered provisional im3 migrant, or a registered provisional immigrant de4 pendent, who meets the eligibility requirements set 

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

6 status to that of an alien lawfully admitted for per7 manent residence by submitting an application to the 

8 Secretary that includes the evidence required, by regu9 lation, to demonstrate the applicant’s eligibility for 

10 such adjustment. 

11 ‘‘(2) BACK OF THE LINE.—The status of a reg12 istered provisional immigrant may not be adjusted to 

13 that of an alien lawfully admitted for permanent resi14 dence under this section until after the Secretary of 

15 State certifies that immigrant visas have become 

16 available for all approved petitions for immigrant 

17 visas that were filed under sections 201 and 203 be18 fore the date of the enactment of the Border Security, 

19 Economic Opportunity, and Immigration Moderniza20 tion Act. 

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

22 applicants for adjustment of status under this section 

23 to determine whether they meet the eligibility require24 ments set forth in subsection (b). 


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1 ‘‘(4) SECURITY AND LAW ENFORCEMENT CLEAR2 ANCES.—The Secretary may not adjust the status of 

3 a registered provisional immigrant under this section 

4 until renewed national security and law enforcement 

5 clearances have been completed with respect to the 

6 registered provisional immigrant, to the satisfaction 

7 of the Secretary. 

8 ‘‘(5) FEES AND PENALTIES.— 

9 ‘‘(A) PROCESSING FEES.— 

10 ‘‘(i) IN GENERAL.—The Secretary shall 

11 impose a processing fee on applicants for 

12 adjustment of status under this section at a 

13 level sufficient to recover the full cost of 

14 processing such applications, including 

15 costs associated with— 

16 ‘‘(I) adjudicating the applica17 tions; 

18 ‘‘(II) taking and processing bio19 metrics; 

20 ‘‘(III) performing national secu21 rity and criminal checks, including ad22 judication; 

23 ‘‘(IV) preventing and inves24 tigating fraud; and 


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1 ‘‘(V) the administration of the fees 

2 collected. 

3 ‘‘(ii) AUTHORITY TO LIMIT FEES.—The 

4 Secretary, by regulation, may— 

5 ‘‘(I) limit the maximum proc6 essing fee payable under this subpara7 graph by a family, including spouses 

8 and children; and 

9 ‘‘(II) exempt other defined classes 

10 of individuals from the payment of the 

11 fee authorized under clause (i). 

12 ‘‘(iii) DEPOSIT AND USE OF FEES.— 

13 Fees collected under this subparagraph— 

14 ‘‘(I) shall be deposited into the 

15 Immigration Examinations Fee Ac16 count pursuant to section 286(m); and 

17 ‘‘(II) shall remain available until 

18 expended pursuant to section 286(n). 

19 ‘‘(B) PENALTIES.— 

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

21 processing fee required under subparagraph 

22 (A) and the penalty required under section 

23 245B(c)(6)(D), an alien who was 21 years 

24 of age or older on the date on which the 

25 Border Security, Economic Opportunity, 


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1 and Immigration Modernization Act was 

2 originally introduced in the Senate and is 

3 filing an application for adjustment of sta4 tus under this section shall pay a $1,000 

5 penalty to the Secretary unless the alien 

6 meets the requirements under section 

7 245D(b). 

8 ‘‘(ii) INSTALLMENTS.—The Secretary 

9 shall establish a process for collecting pay10 ments required under clause (i) through 

11 periodic installments. 

12 ‘‘(iii) DEPOSIT, ALLOCATION, AND

13 SPENDING OF PENALTIES.—Penalties col14 lected under this subparagraph— 

15 ‘‘(I) shall be deposited into the 

16 Comprehensive Immigration Trust 

17 Fund established under section 6(a)(1) 

18 of the Border Security, Economic Op19 portunity, and Immigration Mod20 ernization Act; and 

21 ‘‘(II) may be used for the purposes 

22 set forth in section 6(a)(3)(B) of such 

23 Act.’’. 

24 (b) LIMITATION ON REGISTERED PROVISIONAL IMMI25 GRANTS.—An alien admitted as a registered provisional 


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1 immigrant under section 245B of the Immigration and Na2 tionality Act, as added by subsection (a), may only adjust 

3 status to an alien lawfully admitted for permanent resident 

4 status under section 245C or 245D of such Act or section 

5 2302. 

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

7 amended— 

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

9 EMPLOYEES OF CERTAIN NONPROFIT ORGANI10 ZATIONS’’ and inserting ‘‘, EMPLOYEES OF CER11 TAIN NONPROFIT ORGANIZATIONS, AND OTHER

12 LONG-TERM LAWFUL RESIDENTS’’; and 

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

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

15 present in the United States and eligible for work author16 ization for not less than 10 years before becoming a lawful 

17 permanent resident may be naturalized upon compliance 

18 with all the requirements under this title except the provi19 sions of section 316(a)(1) if such person, immediately pre20 ceding the date on which the person filed an application 

21 for naturalization— 

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

23 States, after being lawfully admitted for permanent 

24 residence, for at least 3 years; 


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1 ‘‘(2) during the 3-year period immediately pre2 ceding such filing date, has been physically present in 

3 the United States for periods totaling at least 50 per4 cent of such period; and 

5 ‘‘(3) has resided within the State or in the juris6 diction of the U.S. Citizenship and Immigration 

7 Services field office in the United States in which the 

8 applicant filed such application for at least 3 

9 months.’’. 

10 SEC. 2103. THE DREAM ACT. 

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

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

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

14 (b) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

15 WHO ENTERED THE UNITED STATES AS CHILDREN.— 

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

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

18 of this title, the following: 

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

20 WHO ENTERED THE UNITED STATES AS CHIL21 DREN. 

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

23 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.—The 

24 term ‘institution of higher education’ has the meaning 

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1 cation Act of 1965 (20 U.S.C. 1002), except that the 

2 term does not include institutions described in sub3 section (a)(1)(C) of such section. 

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

5 the Secretary of Homeland Security. 

6 ‘‘(3) UNIFORMED SERVICES.—The term ‘Uni7 formed Services’ has the meaning given the term ‘uni8 formed services’ in section 101(a)(5) of title 10, 

9 United States Code. 

10 ‘‘(b) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

11 WHO ENTERED THE UNITED STATES AS CHILDREN.— 

12 ‘‘(1) REQUIREMENTS.— 

13 ‘‘(A) IN GENERAL.—The Secretary may ad14 just the status of a registered provisional immi15 grant to the status of a lawful permanent resi16 dent if the immigrant demonstrates that he or 

17 she— 

18 ‘‘(i) has been a registered provisional 

19 immigrant for at least 5 years; 

20 ‘‘(ii) was younger than 16 years of age 

21 on the date on which the alien initially en22 tered the United States; 

23 ‘‘(iii) has earned a high school di24 ploma, a commensurate alternative award 

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1 ondary school, or has obtained a general 

2 education development certificate recognized 

3 under State law, or a high school equiva4 lency diploma in the United States; 

5 ‘‘(iv)(I) has acquired a degree from an 

6 institution of higher education or has com7 pleted at least 2 years, in good standing, in 

8 a program for a bachelor’s degree or higher 

9 degree in the United States; or 

10 ‘‘(II) has served in the Uniformed 

11 Services for at least 4 years and, if dis12 charged, received an honorable discharge; 

13 and 

14 ‘‘(v) has provided a list of each sec15 ondary school (as that term is defined in 

16 section 9101 of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 

18 7801)) that the alien attended in the United 

19 States. 

20 ‘‘(B) HARDSHIP EXCEPTION.— 

21 ‘‘(i) IN GENERAL.—The Secretary may 

22 adjust the status of a registered provisional 

23 immigrant to the status of a lawful perma24 nent resident if the alien— 


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1 ‘‘(I) satisfies the requirements 

2 under clauses (i), (ii), (iii), and (v) of 

3 subparagraph (A); and 

4 ‘‘(II) demonstrates compelling cir5 cumstances for the inability to satisfy 

6 the requirement under subparagraph 

7 (A)(iv). 

8 ‘‘(C) CITIZENSHIP REQUIREMENT.— 

9 ‘‘(i) IN GENERAL.—Except as provided 

10 in clause (ii), the Secretary may not adjust 

11 the status of an alien to lawful permanent 

12 resident status under this section unless the 

13 alien demonstrates that the alien satisfies 

14 the requirements under section 312(a). 

15 ‘‘(ii) EXCEPTION.—Clause (i) shall not 

16 apply to an alien whose physical or devel17 opmental disability or mental impairment 

18 prevents the alien from meeting the require19 ments such section. 

20 ‘‘(D) SUBMISSION OF BIOMETRIC AND BIO21 GRAPHIC DATA.—The Secretary may not adjust 

22 the status of an alien to lawful permanent resi23 dent status unless the alien— 


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1 ‘‘(i) submits biometric and biographic 

2 data, in accordance with procedures estab3 lished by the Secretary; or 

4 ‘‘(ii) complies with an alternative pro5 cedure prescribed by the Secretary, if the 

6 alien is unable to provide such biometric 

7 data because of a physical impairment. 

8 ‘‘(E) BACKGROUND CHECKS.— 

9 ‘‘(i) REQUIREMENT FOR BACKGROUND

10 CHECKS.—The Secretary shall utilize bio11 metric, biographic, and other data that the 

12 Secretary determines appropriate— 

13 ‘‘(I) to conduct national security 

14 and law enforcement background 

15 checks of an alien applying for lawful 

16 permanent resident status under this 

17 section; and 

18 ‘‘(II) to determine whether there is 

19 any criminal, national security, or 

20 other factor that would render the alien 

21 ineligible for such status. 

22 ‘‘(ii) COMPLETION OF BACKGROUND

23 CHECKS.—The Secretary may not adjust an 

24 alien’s status to the status of a lawful per25 manent resident under this subsection until 


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1 the national security and law enforcement 

2 background checks required under clause (i) 

3 have been completed with respect to the 

4 alien, to the satisfaction of the Secretary. 

5 ‘‘(2) APPLICATION FOR LAWFUL PERMANENT

6 RESIDENT STATUS.— 

7 ‘‘(A) IN GENERAL.—A registered provisional 

8 immigrant seeking lawful permanent resident 

9 status shall file an application for such status in 

10 such manner as the Secretary may require. 

11 ‘‘(B) ADJUDICATION.— 

12 ‘‘(i) IN GENERAL.—The Secretary shall 

13 evaluate each application filed by a reg14 istered provisional immigrant under this 

15 paragraph to determine whether the alien 

16 meets the requirements under paragraph 

17 (1). 

18 ‘‘(ii) ADJUSTMENT OF STATUS IF FA19 VORABLE DETERMINATION.—If the Sec20 retary determines that the alien meets the 

21 requirements under paragraph (1), the Sec22 retary shall notify the alien of such deter23 mination and adjust the status of the alien 

24 to lawful permanent resident status, effec25 tive as of the date of such determination. 


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1 ‘‘(iii) ADVERSE DETERMINATION.—If 

2 the Secretary determines that the alien does 

3 not meet the requirements under paragraph 

4 (1), the Secretary shall notify the alien of 

5 such determination. 

6 ‘‘(C) DACA RECIPIENTS.—The Secretary 

7 may adopt streamlined procedures for applicants 

8 for adjustment to lawful permanent resident sta9 tus under this section who were granted Deferred 

10 Action for Childhood Arrivals pursuant to the 

11 Secretary’s memorandum of June 15, 2012. 

12 ‘‘(3) TREATMENT FOR PURPOSES OF NATU13 RALIZATION.— 

14 ‘‘(A) IN GENERAL.—An alien granted law15 ful permanent resident status under this section 

16 shall be considered, for purposes of title III— 

17 ‘‘(i) to have been lawfully admitted for 

18 permanent residence; and 

19 ‘‘(ii) to have been in the United States 

20 as an alien lawfully admitted to the United 

21 States for permanent residence during the 

22 period the alien was a registered provi23 sional immigrant. 

24 ‘‘(B) LIMITATION ON APPLICATION FOR NAT25 URALIZATION.—An alien may not apply for natVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01005 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 uralization while the alien is in registered provi2 sional immigrant status, except for an alien de3 scribed in paragraph (1)(A)(ii) pursuant to sec4 tion 328 or 329.’’. 

5 (c) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

6 Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended— 

7 (1) by redesignating subparagraph (E) as sub8 paragraph (F); and 

9 (2) by inserting after subparagraph (D) the fol10 lowing: 

11 ‘‘(E) Aliens whose status is adjusted to perma12 nent resident status under section 245C or 245D.’’. 

13 (d) RESTORATION OF STATE OPTION TO DETERMINE

14 RESIDENCY FOR PURPOSES OF HIGHER EDUCATION.— 

15 (1) REPEAL.—Section 505 of the Illegal Immi16 gration Reform and Immigrant Responsibility Act of 

17 1996 (8 U.S.C. 1623) is repealed. 

18 (2) EFFECTIVE DATE.—The repeal under para19 graph (1) shall take effect as if included in the origi20 nal enactment of the Illegal Immigration Reform and 

21 Immigrant Responsibility Act of 1996 (division C of 

22 Public Law 104–208). 

23 (e) NATURALIZATION.—Section 328(a) (8 U.S.C. 

24 1439(a)) is amended by inserting ‘‘, without having been 


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1 lawfully admitted to the United States for permanent resi2 dent, and’’ after ‘‘naturalized’’. 

3 (f) LIMITATION ON FEDERAL STUDENT ASSISTANCE.— 

4 Notwithstanding any other provision of law, aliens granted 

5 registered provisional immigrant status and who initially 

6 entered the United States before reaching 16 years of age 

7 and aliens granted blue card status shall be eligible only 

8 for the following assistance under title IV of the Higher 

9 Education Act of 1965 (20 U.S.C. 1070 et seq.): 

10 (1) Student loans under parts D and E of such 

11 title IV (20 U.S.C. 1087a et seq. and 1087aa et seq.), 

12 subject to the requirements of such parts. 

13 (2) Federal work-study programs under part C 

14 of such title IV (42 U.S.C. 2751 et seq.), subject to the 

15 requirements of such part. 

16 (3) Services under such title IV (20 U.S.C. 1070 

17 et seq.), subject to the requirements for such services. 

18 SEC. 2104. ADDITIONAL REQUIREMENTS. 

19 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 1255 

20 et seq.) is amended by inserting after section 245C, as added 

21 by section 2102 of this title, the following: 

22 ‘‘SEC. 245E. ADDITIONAL REQUIREMENTS RELATING TO 

23 REGISTERED PROVISIONAL IMMIGRANTS AND 

24 OTHERS. 

25 ‘‘(a) DISCLOSURES.— 


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1 ‘‘(1) PROHIBITED DISCLOSURES.—Except as oth2 erwise provided in this subsection, no officer or em3 ployee of any Federal agency may— 

4 ‘‘(A) use the information furnished in an 

5 application for lawful status under section 245B, 

6 245C, or 245D for any purpose other than to 

7 make a determination on any application by the 

8 alien for any immigration benefit or protection; 

9 ‘‘(B) make any publication through which 

10 information furnished by any particular appli11 cant can be identified; or 

12 ‘‘(C) permit anyone other than the sworn 

13 officers, employees, and contractors of such agen14 cy or of another entity approved by the Sec15 retary to examine any individual application for 

16 lawful status under section 245B, 245C, or 

17 245D. 

18 ‘‘(2) REQUIRED DISCLOSURES.—The Secretary 

19 shall provide the information furnished in an appli20 cation filed under section 245B, 245C, or 245D and 

21 any other information derived from such furnished 

22 information to— 

23 ‘‘(A) a law enforcement agency, intelligence 

24 agency, national security agency, a component of 

25 the Department of Homeland Security, court, or 


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1 grand jury, consistent with law, in connection 

2 with— 

3 ‘‘(i) a criminal investigation or pros4 ecution of any felony not related to the ap5 plicant’s immigration status; or 

6 ‘‘(ii) a national security investigation 

7 or prosecution; and 

8 ‘‘(B) an official coroner for purposes of af9 firmatively identifying a deceased individual, 

10 whether or not the death of such individual re11 sulted from a crime. 

12 ‘‘(3) AUDITING AND EVALUATION OF INFORMA13 TION.—The Secretary may— 

14 ‘‘(A) audit and evaluate information fur15 nished as part of any application filed under 

16 section 245B, 245C, or 245D for purposes of 

17 identifying immigration fraud or fraud schemes; 

18 and 

19 ‘‘(B) use any evidence detected by means of 

20 audits and evaluations for purposes of inves21 tigating, prosecuting, referring for prosecution, 

22 or denying or terminating immigration benefits. 

23 ‘‘(b) EMPLOYER PROTECTIONS.— 

24 ‘‘(1) USE OF EMPLOYMENT RECORDS.—Copies of 

25 employment records or other evidence of employment 


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1 provided by an alien or by an alien’s employer in 

2 support of an alien’s application for registered provi3 sional immigrant status under section 245B may not 

4 be used in a civil or criminal prosecution or inves5 tigation of that employer under section 274A or the 

6 Internal Revenue Code of 1986 for the prior unlawful 

7 employment of that alien regardless of the adjudica8 tion of such application or reconsideration by the 

9 Secretary of such alien’s prima facie eligibility deter10 mination. Employers that provide unauthorized 

11 aliens with copies of employment records or other evi12 dence of employment pursuant to an application for 

13 registered provisional immigrant status shall not be 

14 subject to civil and criminal liability pursuant to sec15 tion 274A for employing such unauthorized aliens. 

16 ‘‘(2) LIMIT ON APPLICABILITY.—The protections 

17 for employers and aliens under paragraph (1) shall 

18 not apply if the aliens or employers submit employ19 ment records that are deemed to be fraudulent. 

20 ‘‘(c) ADMINISTRATIVE REVIEW.— 

21 ‘‘(1) EXCLUSIVE ADMINISTRATIVE REVIEW.—Ad22 ministrative review of a determination respecting an 

23 application for status under section 245B, 245C, 

24 245D, or 245F or section 2211 of the Agricultural 


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1 Worker Program Act of 2013 shall be conducted solely 

2 in accordance with this subsection. 

3 ‘‘(2) ADMINISTRATIVE APPELLATE REVIEW.— 

4 ‘‘(A) ESTABLISHMENT OF ADMINISTRATIVE

5 APPELLATE AUTHORITY.—The Secretary shall es6 tablish or designate an appellate authority to 

7 provide for a single level of administrative ap8 pellate review of a determination with respect to 

9 applications for, or revocation of, status under 

10 sections 245B, 245C, and 245D. 

11 ‘‘(B) SINGLE APPEAL FOR EACH ADMINIS12 TRATIVE DECISION.— 

13 ‘‘(i) IN GENERAL.—An alien in the 

14 United States whose application for status 

15 under section 245B, 245C, or 245D has been 

16 denied or revoked may file with the Sec17 retary not more than 1 appeal of each deci18 sion to deny or revoke such status. 

19 ‘‘(ii) NOTICE OF APPEAL.—A notice of 

20 appeal filed under this subparagraph shall 

21 be filed not later than 90 days after the date 

22 of service of the decision of denial or revoca23 tion, unless the delay was reasonably jus24 tifiable. 


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1 ‘‘(C) REVIEW BY SECRETARY.—Nothing in 

2 this paragraph may be construed to limit the au3 thority of the Secretary to certify appeals for re4 view and final administrative decision. 

5 ‘‘(D) DENIAL OF PETITIONS FOR DEPEND6 ENTS.—Appeals of a decision to deny or revoke 

7 a petition filed by a registered provisional immi8 grant pursuant to regulations promulgated 

9 under section 245B to classify a spouse or child 

10 of such alien as a registered provisional immi11 grant shall be subject to the administrative ap12 pellate authority described in subparagraph (A). 

13 ‘‘(E) STAY OF REMOVAL.—Aliens seeking 

14 administrative review shall not be removed from 

15 the United States until a final decision is ren16 dered establishing ineligibility for status under 

17 section 245B, 245C, or 245D. 

18 ‘‘(3) RECORD FOR REVIEW.—Administrative ap19 pellate review under paragraph (2) shall be de novo 

20 and based solely upon— 

21 ‘‘(A) the administrative record established 

22 at the time of the determination on the applica23 tion; and 

24 ‘‘(B) any additional newly discovered or 

25 previously unavailable evidence. 


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1 ‘‘(4) UNLAWFUL PRESENCE.—During the period 

2 in which an alien may request administrative review 

3 under this subsection, and during the period that any 

4 such review is pending, the alien shall not be consid5 ered ‘unlawfully present in the United States’ for 

6 purposes of section 212(a)(9)(B). 

7 ‘‘(d) PRIVACY AND CIVIL LIBERTIES.— 

8 ‘‘(1) IN GENERAL.—The Secretary, in accordance 

9 with subsection (a)(1), shall require appropriate ad10 ministrative and physical safeguards to protect the se11 curity, confidentiality, and integrity of personally 

12 identifiable information collected, maintained, and 

13 disseminated pursuant to sections 245B, 245C, and 

14 245D. 

15 ‘‘(2) ASSESSMENTS.—Notwithstanding the pri16 vacy requirements set forth in section 222 of the 

17 Homeland Security Act (6 U.S.C. 142) and the E18 Government Act of 2002 (Public Law 107–347), the 

19 Secretary shall conduct a privacy impact assessment 

20 and a civil liberties impact assessment of the legaliza21 tion program established under sections 245B, 245C, 

22 and 245D during the pendency of the interim final 

23 regulations required to be issued under section 2110 

24 of the Border Security, Economic Opportunity, and 

25 Immigration Modernization Act.’’. 


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1 (b) JUDICIAL REVIEW.—Section 242 (8 U.S.C. 1252) 

2 is amended— 

3 (1) in subsection (a)(2)— 

4 (A) in subparagraph (B), by inserting ‘‘the 

5 exercise of discretion arising under’’ after ‘‘no 

6 court shall have jurisdiction to review’’; 

7 (B) in subparagraph (D), by striking 

8 ‘‘raised upon a petition for review filed with an 

9 appropriate court of appeals in accordance with 

10 this section’’; 

11 (2) in subsection (b)(2), by inserting ‘‘or, in the 

12 case of a decision rendered under section 245E(c), in 

13 the judicial circuit in which the petitioner resides’’ 

14 after ‘‘proceedings’’; and 

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

16 ‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA17 TIONS RELATING TO STATUS UNDER CHAPTER 5.— 

18 ‘‘(1) DIRECT REVIEW.—If an alien’s application 

19 under section 245B, 245C, 245D, or 245F or section 

20 2211 of the Agricultural Worker Program Act of 2013 

21 is denied, or is revoked after the exhaustion of admin22 istrative appellate review under section 245E(c), the 

23 alien may seek review of such decision, in accordance 

24 with chapter 7 of title 5, United States Code, before 


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1 the United States district court for the district in 

2 which 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 accrue 

6 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 PROCEEDINGS.— 

14 An alien may seek judicial review of a denial or rev15 ocation of approval of the alien’s application under 

16 section 245B, 245C, or 245D in the appropriate 

17 United States court of appeal in conjunction with the 

18 judicial review of an order of removal, deportation, or 

19 exclusion if the validity of the denial has not been 

20 upheld in a prior judicial proceeding under para21 graph (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 established 

2 at the time of the review. 

3 ‘‘(B) AUTHORITY TO REMAND.—The review4 ing court may remand a case under this sub5 section to the Secretary for consideration of ad6 ditional evidence if the court finds that— 

7 ‘‘(i) the additional evidence is mate8 rial; and 

9 ‘‘(ii) there were reasonable grounds for 

10 failure to adduce the additional evidence be11 fore the Secretary. 

12 ‘‘(C) SCOPE OF REVIEW.—Notwithstanding 

13 any other provision of law, judicial review of all 

14 questions arising from a denial, or revocation of 

15 an approval, of an application under section 

16 245B, 245C, or 245D shall be governed by the 

17 standard of review set forth in section 706 of 

18 title 5, United States Code. 

19 ‘‘(5) REMEDIAL POWERS.— 

20 ‘‘(A) JURISDICTION.—Notwithstanding any 

21 other provision of law, the United States district 

22 courts shall have jurisdiction over any cause or 

23 claim arising from a pattern or practice of the 

24 Secretary in the operation or implementation of 

25 the Border Security, Economic Opportunity, and 


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1 Immigration Modernization Act, or the amend2 ments made by such Act, that is arbitrary, ca3 pricious, or otherwise contrary to law. 

4 ‘‘(B) SCOPE OF RELIEF.—The United 

5 States district courts may order any appropriate 

6 relief in a clause or claim described in subpara7 graph (A) without regard to exhaustion, ripe8 ness, or other standing requirements (other than 

9 constitutionally-mandated requirements), if the 

10 court determines that— 

11 ‘‘(i) the resolution of such cause or 

12 claim will serve judicial and administrative 

13 efficiency; or 

14 ‘‘(ii) a remedy would otherwise not be 

15 reasonably available or practicable. 

16 ‘‘(6) CHALLENGES TO THE VALIDITY OF THE

17 SYSTEM.— 

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

19 paragraph (5), any claim that section 245B, 

20 245C, 245D, or 245E or any regulation, written 

21 policy, or written directive, issued or unwritten 

22 policy or practice initiated by or under the au23 thority of the Secretary to implement such sec24 tions, violates the Constitution of the United 

25 States or is otherwise in violation of law is 


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1 available exclusively in an action instituted in 

2 United States District Court in accordance with 

3 the procedures prescribed in this paragraph. 

4 ‘‘(B) SAVINGS PROVISION.—Except as pro5 vided in subparagraph (C), nothing in subpara6 graph (A) may be construed to preclude an ap7 plicant under 245B, 245C, or 245D from assert8 ing that an action taken or a decision made by 

9 the Secretary with respect to the applicant’s sta10 tus was contrary to law. 

11 ‘‘(C) CLASS ACTIONS.—Any claim described 

12 in subparagraph (A) that is brought as a class 

13 action shall be brought in conformity with— 

14 ‘‘(i) the Class Action Fairness Act of 

15 2005 (Public Law 109–2); and 

16 ‘‘(ii) the Federal Rules of Civil Proce17 dure. 

18 ‘‘(D) PRECLUSIVE EFFECT.—The final dis19 position of any claim brought under subpara20 graph (A) shall be preclusive of any such claim 

21 asserted by the same individual in a subsequent 

22 proceeding under this subsection. 

23 ‘‘(E) EXHAUSTION AND STAY OF PRO24 CEEDINGS.— 


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1 ‘‘(i) IN GENERAL.—No claim brought 

2 under this paragraph shall require the 

3 plaintiff to exhaust administrative remedies 

4 under section 245E(c). 

5 ‘‘(ii) STAY AUTHORIZED.—Nothing in 

6 this paragraph may be construed to prevent 

7 the court from staying proceedings under 

8 this paragraph to permit the Secretary to 

9 evaluate an allegation of an unwritten pol10 icy or practice or to take corrective action. 

11 In determining whether to issue such a stay, 

12 the court shall take into account any harm 

13 the stay may cause to the claimant.’’. 

14 (c) RULE OF CONSTRUCTION.—Section 244(h) of the 

15 Immigration and Nationality Act (8 U.S.C. 1254a(h)) shall 

16 not limit the authority of the Secretary to adjust the status 

17 of an alien under section 245C or 245D of the Immigration 

18 and Nationality Act, as added by this subtitle. 

19 (d) EFFECT OF FAILURE TO REGISTER ON ELIGI20 BILITY FOR IMMIGRATION BENEFITS.—Failure to comply 

21 with section 264.1(f) of title 8, Code of Federal Regulations 

22 or with removal orders or voluntary departure agreements 

23 based on such section for acts committed before the date of 

24 the enactment of this Act shall not affect the eligibility of 


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1 an alien to apply for a benefit under the Immigration and 

2 Nationality Act (8 U.S.C. 1101 et seq.). 

3 (e) CLERICAL AMENDMENT.—The table of contents is 

4 amended by inserting after the item relating to section 245A 

5 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.’’. 

6 SEC. 2105. CRIMINAL PENALTY. 

7 (a) IN GENERAL.—Chapter 69 of title 18, United 

8 States Code, is amended by adding at the end the following: 

9 ‘‘§ 1430. Improper use of information relating to reg10 istered provisional immigrant applica11 tions 

12 ‘‘Any person who knowingly uses, publishes, or permits 

13 information described in section 245E(a) of the Immigra14 tion and Nationality Act to be examined in violation of 

15 such section shall be fined not more than $10,000.’’. 

16 (b) DEPOSIT OF FINES.—All criminal penalties col17 lected under section 1430 of title 18, United States Code, 

18 as added by subsection (a), shall be deposited into the Com19 prehensive Immigration Reform Trust Fund established 

20 under section 6(a)(1). 


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1 (c) CLERICAL AMENDMENT.—The table of sections in 

2 chapter 69 of title 18, United States Code, is amended by 

3 adding at the end the following: 

‘‘1430. Improper use of information relating to registered provisional immigrant 

applications.’’. 

4 SEC. 2106. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI5 CANTS. 

6 (a) ESTABLISHMENT.—The Secretary may establish, 

7 within U.S. Citizenship and Immigration Services, a pro8 gram to award grants, on a competitive basis, to eligible 

9 nonprofit organizations that will use the funding to assist 

10 eligible applicants under section 245B, 245C, 245D, or 

11 245F of the Immigration and Nationality Act or section 

12 2211 of this Act by providing them with the services de13 scribed in subsection (c). 

14 (b) ELIGIBLE NONPROFIT ORGANIZATION.—The term 

15 ‘‘eligible nonprofit organization’’ means a nonprofit, tax16 exempt organization, including a community, faith-based 

17 or other immigrant-serving organization, whose staff has 

18 demonstrated qualifications, experience, and expertise in 

19 providing quality services to immigrants, refugees, persons 

20 granted asylum, or persons applying for such statuses. 

21 (c) USE OF FUNDS.—Grant funds awarded under this 

22 section may be used for the design and implementation of 

23 programs that provide— 


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1 (1) information to the public regarding the eligi2 bility and benefits of registered provisional immi3 grant status authorized under section 245B of the Im4 migration and Nationality Act and blue card status 

5 authorized under section 2211, particularly to indi6 viduals potentially eligible for such status; 

7 (2) assistance, within the scope of authorized 

8 practice of immigration law, to individuals submit9 ting applications for registered provisional immi10 grant status or blue card status, including— 

11 (A) screening prospective applicants to as12 sess their eligibility for such status; 

13 (B) completing applications and petitions, 

14 including providing assistance in obtaining the 

15 requisite documents and supporting evidence; 

16 (C) applying for any waivers for which ap17 plicants and qualifying family members may be 

18 eligible; and 

19 (D) providing any other assistance that the 

20 Secretary or grantees consider useful or nec21 essary to apply for registered provisional immi22 grant status or blue card status; 

23 (3) assistance, within the scope of authorized 

24 practice of immigration law, to individuals seeking to 

25 adjust their status to that of an alien admitted for 


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1 permanent residence under section 245C or 245F of 

2 the Immigration and Nationality Act; and 

3 (4) assistance, within the scope of authorized 

4 practice of immigration law, and instruction, to indi5 viduals— 

6 (A) on the rights and responsibilities of 

7 United States citizenship; 

8 (B) in civics and civics-based English as a 

9 second language; and 

10 (C) in applying for United States citizen11 ship. 

12 (d) SOURCE OF GRANT FUNDS.— 

13 (1) APPLICATION FEES.—The Secretary may use 

14 up to $50,000,000 from the Comprehensive Immigra15 tion Reform Trust Fund established under section 

16 6(a)(1) to carry out this section. 

17 (2) AUTHORIZATION OF APPROPRIATIONS.— 

18 (A) AMOUNTS AUTHORIZED.—In addition 

19 to the amounts made available under paragraph 

20 (1), there are authorized to be appropriated such 

21 sums as may be necessary for each of the fiscal 

22 years 2014 through 2018 to carry out this sec23 tion. 


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1 (B) AVAILABILITY.—Any amounts appro2 priated pursuant to subparagraph (A) shall re3 main available until expended. 

4 SEC. 2107. CONFORMING AMENDMENTS TO THE SOCIAL SE5 CURITY ACT. 

6 (a) CORRECTION OF SOCIAL SECURITY RECORDS.— 

7 (1) IN GENERAL.—Section 208(e)(1) of the So8 cial Security Act (42 U.S.C. 408(e)(1)) is amended— 

9 (A) in subparagraph (B)(ii), by striking 

10 ‘‘or’’ at the end; 

11 (B) in subparagraph (C), by striking the 

12 comma at the end and inserting a semicolon; 

13 (C) by inserting after subparagraph (C) the 

14 following: 

15 ‘‘(D) who is granted status as a registered 

16 provisional immigrant under section 245B or 

17 245D of the Immigration and Nationality Act; 

18 or 

19 ‘‘(E) whose status is adjusted to that of law20 ful permanent resident under section 245C of the 

21 Immigration and Nationality Act,’’; and 

22 (D) in the undesignated matter at the end, 

23 by inserting ‘‘, or in the case of an alien de24 scribed in subparagraph (D) or (E), if such con25 duct is alleged to have occurred before the date 


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1 on which the alien submitted an application 

2 under section 245B of such Act for classification 

3 as a registered provisional immigrant’’ before the 

4 period at the end. 

5 (2) EFFECTIVE DATE.—The amendments made 

6 by paragraph (1) shall take effect on the first day of 

7 the tenth month that begins after the date of the en8 actment of this Act. 

9 (b) STATE DISCRETION REGARDING TERMINATION OF

10 PARENTAL RIGHTS.— 

11 (1) IN GENERAL.—A compelling reason for a 

12 State not to file (or to join in the filing of) a petition 

13 to terminate parental rights under section 475(5)(E) 

14 of the Social Security Act (42 U.S.C. 675(5)(E)) shall 

15 include— 

16 (A) the removal of the parent from the 

17 United States, unless the parent is unfit or un18 willing to be a parent of the child; or 

19 (B) the involvement of the parent in (in20 cluding detention pursuant to) an immigration 

21 proceeding, unless the parent is unfit or unwill22 ing to be a parent of the child. 

23 (2) CONDITIONS.—Before a State may file to ter24 minate the parental rights under such section 

25 475(5)(E), the State (or the county or other political 


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1 subdivision of the State, as applicable) shall make 

2 reasonable efforts— 

3 (A) to identify, locate, and contact (includ4 ing, if appropriate, through the diplomatic or 

5 consular offices of the country to which the par6 ent was removed or in which a parent or relative 

7 resides)— 

8 (i) any parent of the child who is in 

9 immigration detention; 

10 (ii) any parent of the child who has 

11 been removed from the United States; and 

12 (iii) if possible, any potential adult 

13 relative of the child (as described in section 

14 471(a)(29)); 

15 (B) to notify such parent or relative of the 

16 intent of the State (or the county or other polit17 ical subdivision of the State, as applicable) to 

18 file (or to join in the filing of) a petition referred 

19 to in paragraph (1); or 

20 (C) to reunify the child with any such par21 ent or relative; and 

22 (D) to provide and document appropriate 

23 services to the parent or relative. 

24 (3) CONFORMING AMENDMENT.—Section 

25 475(5)(E)(ii) of the Social Security Act (42 U.S.C. 


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1 675(5)(E)) is amended by inserting ‘‘, including the 

2 reason set forth in section 2107(b)(1) of the Border 

3 Security, Economic Opportunity, and Immigration 

4 Modernization Act’’ after ‘‘child’’. 

5 (c) CHILDREN SEPARATED FROM PARENTS AND CARE6 GIVERS.— 

7 (1) STATE PLAN FOR FOSTER CARE AND ADOP8 TION ASSISTANCE.—Section 471(a) of the Social Secu9 rity Act (42 U.S.C. 671(a)) is amended— 

10 (A) by amending paragraph (19) to read as 

11 follows: 

12 ‘‘(19) provides that the State shall give pref13 erence to an adult relative over a nonrelated caregiver 

14 when determining a placement for a child if— 

15 ‘‘(A) the relative caregiver meets all relevant 

16 State child protection standards; and 

17 ‘‘(B) the standards referred to in subpara18 graph (A) ensure that the immigration status 

19 alone of a parent, legal guardian, or relative 

20 shall not disqualify the parent, legal guardian, 

21 or relative from being a placement for a child;’’; 

22 and 

23 (B) in paragraph (32), by striking ‘‘and’’ 

24 at the end; 


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1 (C) in paragraph (33), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(34) provides that the State shall— 

5 ‘‘(A) ensure that the case manager for a 

6 separated child is capable of communicating in 

7 the native language of such child and of the fam8 ily of such child, or an interpreter who is so ca9 pable is provided to communicate with such 

10 child and the family of such child at no cost to 

11 the child or to the family of such child; 

12 ‘‘(B) coordinate with the Department of 

13 Homeland Security to ensure that parents who 

14 wish for their child to accompany them to their 

15 country of origin are given adequate time and 

16 assistance to obtain a passport and visa, and to 

17 collect all relevant vital documents, such as birth 

18 certificate, health, and educational records and 

19 other information; 

20 ‘‘(C) coordinate with State agencies regard21 ing alternate documentation requirements for a 

22 criminal records check or a fingerprint-based 

23 check for a caregiver that does not have Federal 

24 or State-issued identification; 


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1 ‘‘(D) preserve, to the greatest extent prac2 ticable, the privacy and confidentiality of all in3 formation gathered in the course of admin4 istering the care, custody, and placement of, and 

5 follow up services provided to, a separated child, 

6 consistent with the best interest of such child, by 

7 not disclosing such information to other govern8 ment agencies or persons (other than a parent, 

9 legal guardian, or relative caregiver or such 

10 child), except that the head of the State agency 

11 (or the county or other political subdivision of 

12 the State, as applicable) may disclose such infor13 mation, after placing a written record of the dis14 closure in the file of the child— 

15 ‘‘(i) to a consular official for the pur16 pose of reunification of a child with a par17 ent, legal guardian, or relative caregiver 

18 who has been removed or is involved in an 

19 immigration proceeding, unless the child 

20 has refused contact with, or the sharing of 

21 personal or identifying information with, 

22 the government of his or her country of ori23 gin; 

24 ‘‘(ii) when authorized to do so by the 

25 child (if the child has attained 18 years of 


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1 age) if the disclosure is consistent with the 

2 best interest of the child; or 

3 ‘‘(iii) to a law enforcement agency if 

4 the disclosure would prevent imminent and 

5 serious harm to another individual; and 

6 ‘‘(E) not less frequently than annually, 

7 compile, update, and publish a list of entities in 

8 the State that are qualified to provide legal rep9 resentation services for a separated child, in a 

10 language such that a child can read and under11 stand.’’. 

12 (2) ADDITIONAL INFORMATION TO BE INCLUDED

13 IN CASE PLAN.—Section 475 of such Act (42 U.S.C. 

14 675) is amended— 

15 (A) in paragraph (1), by adding at the end 

16 the following: 

17 ‘‘(H) In the case of a separated child with 

18 respect to whom the State plan requires the State 

19 to provide services under section 471(a)(34)— 

20 ‘‘(i) the location of the parent or legal 

21 guardian described in paragraph (9)(A) 

22 from whom the child has been separated; 

23 and 

24 ‘‘(ii) a written record of each disclosure 

25 to a government agency or person (other 


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1 than such a parent, legal guardian, or rel2 ative) of information gathered in the course 

3 of tracking the care, custody, and placement 

4 of, and follow-up services provided to, the 

5 child.’’; and 

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

7 ‘‘(9) The term ‘separated child’ means an indi8 vidual who— 

9 ‘‘(A) has a parent or legal guardian who 

10 has been— 

11 ‘‘(i) detained by a Federal, State, or 

12 local law enforcement agency in the enforce13 ment of an immigration law; or 

14 ‘‘(ii) removed from the United States 

15 as a result of a violation of such a law; and 

16 ‘‘(B) is in foster care under the responsi17 bility of a State.’’. 

18 (3) EFFECTIVE DATE.—The amendments made 

19 by this subsection shall take effect on the 1st day of 

20 the 1st calendar quarter that begins after the 1-year 

21 period that begins on the date of the enactment of this 

22 Act. 


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1 SEC. 2108. GOVERNMENT CONTRACTING AND ACQUISITION 

2 OF REAL PROPERTY INTEREST. 

3 (a) EXEMPTION FROM GOVERNMENT CONTRACTING

4 AND HIRING RULES.— 

5 (1) IN GENERAL.—A determination by a Federal 

6 agency to use a procurement competition exemption 

7 under section 253(c) of title 41, United States Code, 

8 or to use the authority granted in paragraph (2), for 

9 the purpose of implementing this title and the amend10 ments made by this title is not subject to challenge by 

11 protest to the Government Accountability Office under 

12 sections 3551 and 3556 of title 31, United States 

13 Code, or to the Court of Federal Claims, under section 

14 1491 of title 28, United States Code. An agency shall 

15 immediately advise the Congress of the exercise of the 

16 authority granted under this paragraph. 

17 (2) GOVERNMENT CONTRACTING EXEMPTION.— 

18 The competition requirement under section 253(a) of 

19 title 41, United States Code, may be waived or modi20 fied by a Federal agency for any procurement con21 ducted to implement this title or the amendments 

22 made by this title if the senior procurement executive 

23 for the agency conducting the procurement— 

24 (A) determines that the waiver or modifica25 tion is necessary; and 


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1 (B) submits an explanation for such deter2 mination to the Committee on Homeland Secu3 rity and Governmental Affairs of the Senate and 

4 the Committee on Homeland Security of the 

5 House of Representatives. 

6 (3) HIRING RULES EXEMPTION.—Notwith7 standing any other provision of law, the Secretary is 

8 authorized to make term, temporary limited, and 

9 part-time appointments of employees who will imple10 ment this title and the amendments made by this title 

11 without regard to the number of such employees, their 

12 ratio to permanent full-time employees, and the dura13 tion of their employment. Nothing in chapter 71 of 

14 title 5, United States Code, shall affect the authority 

15 of any Department management official to hire term, 

16 temporary limited or part-time employees under this 

17 paragraph. 

18 (b) AUTHORITY TO WAIVE ANNUITY LIMITATIONS.— 

19 Section 824(g)(2)(B) of the Foreign Service Act of 1980 (22 

20 U.S.C. 4064(g)(2)(B)) is amended by striking ‘‘2009’’ and 

21 inserting ‘‘2017’’. 

22 (c) AUTHORITY TO ACQUIRE LEASEHOLDS.—Notwith23 standing any other provision of law, the Secretary may ac24 quire a leasehold interest in real property, and may provide 

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1 struction or modification of any facility on the leased prop2 erty, if the Secretary determines that the acquisition of such 

3 interest, and such construction or modification, are nec4 essary in order to facilitate the implementation of this title 

5 and the amendments made by this title. 

6 SEC. 2109. LONG-TERM LEGAL RESIDENTS OF THE COM7 MONWEALTH OF THE NORTHERN MARIANA 

8 ISLANDS. 

9 Section (6)(e) of the Joint Resolution entitled ‘‘A Joint 

10 Resolution to approve the ‘Covenant to Establish a Com11 monwealth of the Northern Mariana Islands in Political 

12 Union with the United States of America’, and for other 

13 purposes’’, approved March 24, 1976 (48 U.S.C. 1806(e)), 

14 as added by section 702 of the Consolidated Natural Re15 sources Act of 2008 (Public Law 110–229; 122 Stat. 854), 

16 is amended by adding at the end the following: 

17 ‘‘(6) SPECIAL PROVISION REGARDING LONG-TERM

18 RESIDENTS OF THE COMMONWEALTH.— 

19 ‘‘(A) CNMI-ONLY RESIDENT STATUS.—Not20 withstanding paragraph (1), an alien described 

21 in subparagraph (B) may, upon the application 

22 of the alien, be admitted as an immigrant to the 

23 Commonwealth subject to the following rules: 

24 ‘‘(i) The alien shall be treated as an 

25 immigrant lawfully admitted for permanent 


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1 residence in the Commonwealth only, in2 cluding permitting entry to and exit from 

3 the Commonwealth, until the earlier of the 

4 date on which— 

5 ‘‘(I) the alien ceases to perma6 nently reside in the Commonwealth; or 

7 ‘‘(II) the alien’s status is adjusted 

8 under this paragraph or section 245 of 

9 the Immigration and Nationality Act 

10 (8 U.S.C. 1255) to that of an alien 

11 lawfully admitted for permanent resi12 dence in accordance with all applicable 

13 eligibility requirements. 

14 ‘‘(ii) The Secretary of Homeland Secu15 rity shall establish a process for such aliens 

16 to apply for CNMI-only permanent resident 

17 status during the 90-day period beginning 

18 on the first day of the sixth month after the 

19 date of the enactment of this paragraph. 

20 ‘‘(iii) Nothing in this subparagraph 

21 may be construed to provide any alien 

22 granted status under this subparagraph 

23 with public assistance to which the alien is 

24 not otherwise entitled. 


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1 ‘‘(B) ALIENS DESCRIBED.—An alien is de2 scribed in this subparagraph if the alien— 

3 ‘‘(i) is lawfully present in the Com4 monwealth under the immigration laws of 

5 the United States; 

6 ‘‘(ii) is otherwise admissible to the 

7 United States under the Immigration and 

8 Nationality Act (8 U.S.C. 1101 et seq.); 

9 ‘‘(iii) resided continuously and law10 fully in the Commonwealth from November 

11 28, 2009, through the date of the enactment 

12 of this paragraph; 

13 ‘‘(iv) is not a citizen of the Republic of 

14 the Marshall Islands, the Federated States 

15 of Micronesia, or the Republic of Palau; 

16 and 

17 ‘‘(v)(I) was born in the Northern Mar18 iana Islands between January 1, 1974 and 

19 January 9, 1978; 

20 ‘‘(II) was, on May 8, 2008, and con21 tinues to be as of the date of the enactment 

22 of this paragraph, a permanent resident (as 

23 defined in section 4303 of title 3 of the 

24 Northern Mariana Islands Commonwealth 

25 Code, in effect on May 8, 2008); 


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1 ‘‘(III) is the spouse or child (as defined 

2 in section 101(b)(1) of the Immigration and 

3 Nationality Act (8 U.S.C. 1101(b)(1))), of 

4 an alien described in subclauses (I) or (II); 

5 ‘‘(IV) was, on May 8, 2008, an imme6 diate relative (as defined in section 4303 of 

7 title 3 of the Northern Mariana Islands 

8 Commonwealth Code, in effect on May 8, 

9 2008, of a United States citizen, notwith10 standing the age of the United States cit11 izen, and continues to be such an immediate 

12 relative on the date of the application de13 scribed in subparagraph (A); 

14 ‘‘(V) resided in the Northern Mariana 

15 Islands as a guest worker under Common16 wealth immigration law for at least 5 years 

17 before May 8, 2008 and is presently resident 

18 under CW–1 status; or 

19 ‘‘(VI) is the spouse or child (as defined 

20 in section 101(b)(1) of the Immigration and 

21 Nationality Act (8 U.S.C. 1101(b)(1))), of 

22 the alien guest worker described in sub23 clause (V) and is presently resident under 

24 CW–2 status. 


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1 ‘‘(C) ADJUSTMENT FOR LONG TERM AND

2 PERMANENT RESIDENTS.—Beginning on the date 

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

4 the Border Security, Economic Opportunity, and 

5 Immigration Modernization Act, an alien de6 scribed in subparagraph (B) may apply to re7 ceive an immigrant visa or to adjust his or her 

8 status to that of an alien lawfully admitted for 

9 permanent residence.’’. 

10 SEC. 2110. RULEMAKING. 

11 (a) IN GENERAL.—Not later than 1 year after the date 

12 of the enactment of this Act, the Secretary, the Attorney 

13 General, and the Secretary of State separately shall issue 

14 interim final regulations to implement this subtitle and the 

15 amendments made by this subtitle, which shall take effect 

16 immediately upon publication in the Federal Register. 

17 (b) APPLICATION PROCEDURES; PROCESSING FEES; 

18 DOCUMENTATION.—The interim final regulations issued 

19 under subsection (a) shall include— 

20 (1) the procedures by which an alien, and the de21 pendent spouse and children of such alien may apply 

22 for status under section 245B of the Immigration and 

23 Nationality Act, as added by section 2101 of this Act, 

24 as a registered provisional immigrant or a registered 

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1 cluding the evidence required to demonstrate eligi2 bility for such status or to be included in each appli3 cation for such status; 

4 (2) the criteria to be used by the Secretary to de5 termine— 

6 (A) the maximum processing fee payable 

7 under sections 245B(c)(10)(B) and 

8 245C(c)(5)(A) of such Act by a family, including 

9 spouses and unmarried children younger than 21 

10 years of age; and 

11 (B) which individuals will be exempt from 

12 such fees; 

13 (3) the documentation required to be submitted 

14 by the applicant to demonstrate compliance with sec15 tion 245C(b)(3) of such Act; and 

16 (4) the procedures for a registered provisional 

17 immigrant to apply for adjustment of status under 

18 section 245C or 245D of such Act, including the evi19 dence required to be submitted with such application 

20 to demonstrate the applicant’s eligibility for such ad21 justment. 

22 (c) EXEMPTION FROM NATIONAL ENVIRONMENTAL

23 POLICY ACT.—Any decision by the Secretary concerning 

24 any rulemaking action, plan, or program described in this 

25 section shall not be considered to be a major Federal action 


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1 subject to review under the National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4321 et seq.). 

3 SEC. 2111. STATUTORY CONSTRUCTION. 

4 Except as specifically provided, nothing in this sub5 title, or any amendment made by this subtitle, may be con6 strued to create any substantive or procedural right or ben7 efit that is legally enforceable by any party against the 

8 United States or its agencies or officers or any other person. 

9 Subtitle B—Agricultural Worker 

10 Program 

11 SEC. 2201. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Agricultural Worker 

13 Program Act of 2013’’. 

14 SEC. 2202. DEFINITIONS. 

15 In this subtitle: 

16 (1) BLUE CARD STATUS.—The term ‘‘blue card 

17 status’’ means the status of an alien who has been 

18 lawfully admitted into the United States for tem19 porary residence under section 2211. 

20 (2) AGRICULTURAL EMPLOYMENT.—The term 

21 ‘‘agricultural employment’’ has the meaning given 

22 such term in section 3 of the Migrant and Seasonal 

23 Agricultural Worker Protection Act (29 U.S.C. 1802), 

24 without regard to whether the specific service or activ25 ity is temporary or seasonal. 


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1 (3) CHILD.—The term ‘‘child’’ has the meaning 

2 given the term in section 101(b)(1) of the Immigra3 tion and Nationality Act (8 U.S.C. 1101(b)(1)). 

4 (4) EMPLOYER.—The term ‘‘employer’’ means 

5 any person or entity, including any farm labor con6 tractor and any agricultural association, that em7 ploys workers in agricultural employment. 

8 (5) QUALIFIED DESIGNATED ENTITY.—The term 

9 ‘‘qualified designated entity’’ means— 

10 (A) a qualified farm labor organization or 

11 an association of employers designated by the 

12 Secretary; or 

13 (B) any other entity that the Secretary des14 ignates as having substantial experience, dem15 onstrated competence, and a history of long-term 

16 involvement in the preparation and submission 

17 of application for adjustment of status under 

18 title II of the Immigration and Nationality Act 

19 (8 U.S.C. 1151 et seq.). 

20 (6) WORK DAY.—The term ‘‘work day’’ means 

21 any day in which the individual is employed 5.75 or 

22 more hours in agricultural employment. 


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1 CHAPTER 1—PROGRAM FOR EARNED STA2 TUS ADJUSTMENT OF AGRICULTURAL 

3 WORKERS 

4 Subchapter A—Blue Card Status 

5 SEC. 2211. REQUIREMENTS FOR BLUE CARD STATUS. 

6 (a) REQUIREMENTS FOR BLUE CARD STATUS.—Not7 withstanding any other provision of law, the Secretary, 

8 after conducting the national security and law enforcement 

9 clearances required under section 245B(c)(4), may grant 

10 blue card status to an alien who— 

11 (1)(A) performed agricultural employment in the 

12 United States for not fewer than 575 hours or 100 

13 work days during the 2-year period ending on Decem14 ber 31, 2012; or 

15 (B) is the spouse or child of an alien described 

16 in subparagraph (A) and was physically present in 

17 the United States on or before December 31, 2012, 

18 and has maintained continuous presence in the 

19 United States from that date until the date on which 

20 the alien is granted blue card status, with the excep21 tion of absences from the United States that are brief, 

22 casual, and innocent, whether or not such absences 

23 were authorized by the Secretary; 

24 (2) submits a completed application before the 

25 end of the period set forth in subsection (b)(2); and 


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1 (3) is not ineligible under paragraph (3) or (4) 

2 of section 245B(b) of the Immigration and Nation3 ality Act (other than a nonimmigrant alien admitted 

4 to the United States for agricultural employment de5 scribed in section 101(a)(15)(H)(ii)(a) of such Act. 

6 (b) APPLICATION.— 

7 (1) IN GENERAL.—An alien who meets the eligi8 bility requirements set forth in subsection (a)(1), may 

9 apply for blue card status and that alien’s spouse or 

10 child may apply for blue card status as a dependent, 

11 by submitting a completed application form to the 

12 Secretary during the application period set forth in 

13 paragraph (2) in accordance with the final rule pro14 mulgated by the Secretary pursuant to subsection (e). 

15 (2) SUBMISSION.—The Secretary shall provide 

16 that the alien shall be able to submit an application 

17 under paragraph (1)— 

18 (A) if the applicant is represented by an at19 torney or a nonprofit religious, charitable, social 

20 service, or similar organization recognized by the 

21 Board of Immigration Appeals under section 

22 292.2 of title 8, Code of Federal Regulations; or 

23 (B) to a qualified entity if the applicant 

24 consents to the forwarding of the application to 

25 the Secretary. 


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1 (3) APPLICATION PERIOD.— 

2 (A) INITIAL PERIOD.—Except as provided 

3 in subparagraph (B), the Secretary may only ac4 cept applications for blue card status for a 1- 

5 year period from aliens in the United States be6 ginning on the date on which the final rule is 

7 published in the Federal Register pursuant to 

8 subsection (f), except that qualified non9 immigrants who have participated in the H–2A 

10 Program may apply from outside of the United 

11 States. 

12 (B) EXTENSION.—If the Secretary deter13 mines, during the initial period described in 

14 subparagraph (A), that additional time is re15 quired to process applications for blue card sta16 tus or for other good cause, the Secretary may 

17 extend the period for accepting applications for 

18 an additional 18 months. 

19 (4) APPLICATION FORM.— 

20 (A) REQUIRED INFORMATION.—The appli21 cation form referred to in paragraph (1) shall 

22 collect such information as the Secretary deter23 mines necessary and appropriate. 

24 (B) FAMILY APPLICATION.—The Secretary 

25 shall establish a process through which an alien 


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1 may submit a single application under this sec2 tion on behalf of the alien, his or her spouse, and 

3 his or her children, who are residing in the 

4 United States. 

5 (C) INTERVIEW.—The Secretary may inter6 view applicants for blue card status to determine 

7 whether they meet the eligibility requirements set 

8 forth in subsection (a)(1). 

9 (5) ALIENS APPREHENDED BEFORE OR DURING

10 THE APPLICATION PERIOD.—If an alien, who is ap11 prehended during the period beginning on the date of 

12 the enactment of this Act and ending on the applica13 tion period described in paragraph (3), appears 

14 prima facie eligible for blue card status, the Sec15 retary— 

16 (A) shall provide the alien with a reason17 able opportunity to file an application under 

18 this section during such application period; and 

19 (B) may not remove the individual until a 

20 final administrative determination is made on 

21 the application. 

22 (6) SUSPENSION OF REMOVAL DURING APPLICA23 TION PERIOD.— 

24 (A) PROTECTION FROM DETENTION OR RE25 MOVAL.—An alien granted blue card status may 


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1 not be detained by the Secretary or removed from 

2 the United States unless— 

3 (i) such alien is, or has become, ineli4 gible for blue card status; or 

5 (ii) the alien’s blue card status has 

6 been revoked. 

7 (B) ALIENS IN REMOVAL PROCEEDINGS.— 

8 Notwithstanding any other provision of the Im9 migration and Nationality Act (8 U.S.C. 1101 et 

10 seq.)— 

11 (i) if the Secretary determines that an 

12 alien, during the period beginning on the 

13 date of the enactment of this section and 

14 ending on the last day of the application 

15 period described in paragraph (2), is in re16 moval, deportation, or exclusion proceedings 

17 before the Executive Office for Immigration 

18 Review and is prima facie eligible for blue 

19 card status under this section— 

20 (I) the Secretary shall provide the 

21 alien with the opportunity to file an 

22 application for such status; and 

23 (II) upon motion by the Secretary 

24 and with the consent of the alien or 

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1 tive Office for Immigration Review 

2 shall— 

3 (aa) terminate such pro4 ceedings without prejudice to fu5 ture proceedings on any basis; 

6 and 

7 (bb) provide the alien a rea8 sonable opportunity to apply for 

9 such status; and 

10 (ii) if the Executive Office for Immi11 gration Review determines that an alien, 

12 during the application period described in 

13 paragraph (2), is in removal, deportation, 

14 or exclusion proceedings before the Execu15 tive Office for Immigration Review and is 

16 prima facie eligible for blue card status 

17 under this section— 

18 (I) the Executive Office of Immi19 gration Review shall notify the Sec20 retary of such determination; and 

21 (II) if the Secretary does not dis22 pute the determination of prima facie 

23 eligibility within 7 days after such no24 tification, the Executive Office for ImVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01047 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 migration Review, upon consent of the 

2 alien, shall— 

3 (aa) terminate such pro4 ceedings without prejudice to fu5 ture proceedings on any basis; 

6 and 

7 (bb) permit the alien a rea8 sonable opportunity to apply for 

9 such status. 

10 (C) TREATMENT OF CERTAIN ALIENS.— 

11 (i) IN GENERAL.—If an alien who 

12 meets the eligibility requirements set forth 

13 in subsection (a) is present in the United 

14 States and has been ordered excluded, de15 ported, or removed, or ordered to depart vol16 untarily from the United States under any 

17 provision of this Act— 

18 (I) notwithstanding such order or 

19 section 241(a)(5) of the Immigration 

20 and Nationality Act (8 U.S.C. 

21 1231(a)(5)), the alien may apply for 

22 blue card status under this section; and 

23 (II) if the alien is granted such 

24 status, the alien shall file a motion to 

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1 moval, or voluntary departure order, 

2 which motion shall be granted unless 1 

3 or more of the grounds of ineligibility 

4 is established by clear and convincing 

5 evidence. 

6 (ii) LIMITATIONS ON MOTIONS TO RE7 OPEN.—The limitations on motions to re8 open set forth in section 240(c)(7) of the 

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

10 1229a(c)(7)) shall not apply to motions 

11 filed under clause (i)(II). 

12 (D) PERIOD PENDING ADJUDICATION OF AP13 PLICATION.— 

14 (i) IN GENERAL.—During the period 

15 beginning on the date on which an alien 

16 applies for blue card status under this sub17 section and the date on which the Secretary 

18 makes a final decision regarding such ap19 plication, the alien— 

20 (I) may receive advance parole to 

21 reenter the United States if urgent hu22 manitarian circumstances compel such 

23 travel; 

24 (II) may not be detained by the 

25 Secretary or removed from the United 


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1 States unless the Secretary makes a 

2 prima facie determination that such 

3 alien is, or has become, ineligible for 

4 blue card status; 

5 (III) shall not be considered un6 lawfully present for purposes of section 

7 212(a)(9)(B) of the Immigration and 

8 Nationality Act (8 U.S.C. 

9 1182(a)(9)(B)); and 

10 (IV) shall not be considered an 

11 unauthorized alien (as defined in sec12 tion 274A(h)(3) of the Immigration 

13 and Nationality Act (8 U.S.C. 

14 1324a(h)(3))). 

15 (ii) EVIDENCE OF APPLICATION FIL16 ING.—As soon as practicable after receiving 

17 each application for blue card status, the 

18 Secretary shall provide the applicant with a 

19 document acknowledging the receipt of such 

20 application. 

21 (iii) CONTINUING EMPLOYMENT.—An 

22 employer who knows an alien employee is 

23 an applicant for blue card status or will 

24 apply for such status once the application 

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1 tion 274A(a)(2) of the Immigration and 

2 Nationality Act (8 U.S.C. 1324a(a)(2)) if 

3 the employer continues to employ the alien 

4 pending the adjudication of the alien em5 ployee’s application. 

6 (iv) EFFECT OF DEPARTURE.—Section 

7 101(g) of the Immigration and Nationality 

8 Act (8 U.S.C. 1101(g)) shall not apply to 

9 an alien granted— 

10 (I) advance parole under clause 

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

12 (II) blue card status. 

13 (7) SECURITY AND LAW ENFORCEMENT CLEAR14 ANCES.— 

15 (A) BIOMETRIC AND BIOGRAPHIC DATA.— 

16 The Secretary may not grant blue card status to 

17 an alien or an alien dependent spouse or child 

18 under this section unless such alien submits bio19 metric and biographic data in accordance with 

20 procedures established by the Secretary. 

21 (B) ALTERNATIVE PROCEDURES.—The Sec22 retary shall provide an alternative procedure for 

23 applicants who cannot provide the standard bio24 metric data required under subparagraph (A) be25 cause of a physical impairment. 


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1 (C) CLEARANCES.— 

2 (i) DATA COLLECTION.—The Secretary 

3 shall collect, from each alien applying for 

4 status under this section, biometric, bio5 graphic, and other data that the Secretary 

6 determines to be appropriate— 

7 (I) to conduct national security 

8 and law enforcement clearances; and 

9 (II) to determine whether there 

10 are any national security or law en11 forcement factors that would render an 

12 alien ineligible for such status. 

13 (ii) PREREQUISITE.—The required 

14 clearances described in clause (i)(I) shall be 

15 completed before the alien may be granted 

16 blue card status. 

17 (8) DURATION OF STATUS.—After the date that 

18 is 8 years after the date regulations are published 

19 under this section, no alien may remain in blue card 

20 status. 

21 (9) FEES AND PENALTIES.— 

22 (A) STANDARD PROCESSING FEE.— 

23 (i) IN GENERAL.—Aliens who are 16 

24 years of age or older and are applying for 

25 blue card status under paragraph (2), or for 


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1 an extension of such status, shall pay a 

2 processing fee to the Department in an 

3 amount determined by the Secretary. 

4 (ii) RECOVERY OF COSTS.—The proc5 essing fee authorized under clause (i) shall 

6 be set at a level that is sufficient to recover 

7 the full costs of processing the application, 

8 including any costs incurred— 

9 (I) to adjudicate the application; 

10 (II) to take and process bio11 metrics; 

12 (III) to perform national security 

13 and criminal checks, including adju14 dication; 

15 (IV) to prevent and investigate 

16 fraud; and 

17 (V) to administer the collection of 

18 such fee. 

19 (iii) AUTHORITY TO LIMIT FEES.—The 

20 Secretary, by regulation, may— 

21 (I) limit the maximum processing 

22 fee payable under this subparagraph 

23 by a family, including spouses and un24 married children younger than 21 

25 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 subparagraph 

6 (A)(i)— 

7 (i) shall be deposited into the Immi8 gration Examinations Fee Account pursu9 ant to section 286(m); and 

10 (ii) shall remain available until ex11 pended pursuant to section 286(n). 

12 (C) PENALTY.— 

13 (i) PAYMENT.—In addition to the 

14 processing fee required under subparagraph 

15 (A), aliens who are 21 years of age or older 

16 and are applying for blue card status under 

17 paragraph (2) shall pay a $100 penalty to 

18 the Department. 

19 (ii) DEPOSIT.—Penalties collected pur20 suant to clause (i) shall be deposited into 

21 the Comprehensive Immigration Reform 

22 Trust Fund established under section 

23 6(a)(1). 

24 (10) 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 submit— 

4 (i) requested initial evidence, including 

5 requested biometric data; or 

6 (ii) any requested additional evidence 

7 by the date required by the Secretary. 

8 (B) AMENDED APPLICATION.—An alien 

9 whose application for blue card status is denied 

10 under subparagraph (A) may file an amended 

11 application for such status to the Secretary if the 

12 amended application— 

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 (11) EVIDENCE OF BLUE CARD STATUS.— 

19 (A) IN GENERAL.—The Secretary shall issue 

20 documentary evidence of blue card status to each 

21 alien whose application for such status has been 

22 approved. 

23 (B) DOCUMENTATION FEATURES.—Docu24 mentary evidence provided under subparagraph 

25 (A)— 


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1 (i) shall be machine-readable and tam2 per-resistant, and shall contain a digitized 

3 photograph; 

4 (ii) shall, during the alien’s authorized 

5 period of admission, and any extension of 

6 such authorized admission, serve as a valid 

7 travel and entry document for the purpose 

8 of applying for admission to the United 

9 States; 

10 (iii) may be accepted during the period 

11 of its validity by an employer as evidence 

12 of employment authorization and identity 

13 under section 274A(b)(1)(B) of the Immi14 gration and Nationality Act (8 U.S.C. 

15 1324a(b)(1)(B)); and 

16 (iv) shall include such other features 

17 and information as the Secretary may pre18 scribe. 

19 (c) TERMS AND CONDITIONS OF BLUE CARD STA20 TUS.— 

21 (1) CONDITIONS OF BLUE CARD STATUS.— 

22 (A) EMPLOYMENT.—Notwithstanding any 

23 other provision of law, including section 

24 241(a)(7) of the Immigration and Nationality 

25 Act (8 U.S.C. 1231(a)(7)), an alien with blue 


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1 card status shall be authorized to be employed in 

2 the United States while in such status. 

3 (B) TRAVEL OUTSIDE THE UNITED

4 STATES.—An alien with blue card status may 

5 travel outside of the United States and may be 

6 admitted, if otherwise admissible, upon return7 ing to the United States without having to ob8 tain a visa if— 

9 (i) the alien is in possession of— 

10 (I) valid, unexpired documentary 

11 evidence of blue card status that com12 plies with subsection (b)(11); or 

13 (II) a travel document that has 

14 been approved by the Secretary and 

15 was issued to the alien after the alien’s 

16 original documentary evidence was 

17 lost, stolen, or destroyed; 

18 (ii) the alien’s absence from the United 

19 States did not exceed 180 days, unless the 

20 alien’s failure to timely return was due to 

21 extenuating circumstances beyond the 

22 alien’s control; and 

23 (iii) the alien establishes that the alien 

24 is not inadmissible under subparagraph 

25 (A)(i), (A)(iii), (B), or (C) of section 


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1 212(a)(3) of the Immigration and Nation2 ality Act (8 U.S.C. 1182(a)(3)). 

3 (C) ADMISSION.—An alien granted blue 

4 card status shall be considered to have been ad5 mitted in such status as of the date on which the 

6 alien’s application was filed. 

7 (D) CLARIFICATION OF STATUS.—An alien 

8 granted blue card status— 

9 (i) is lawfully admitted to the United 

10 States; and 

11 (ii) may not be classified as a non12 immigrant or as an alien who has been 

13 lawfully admitted for permanent residence. 

14 (2) REVOCATION.— 

15 (A) IN GENERAL.—The Secretary may re16 voke blue card status at any time after providing 

17 appropriate notice to the alien, and after the ex18 haustion or waiver of all applicable administra19 tive review procedures under section 245E(c) of 

20 the Immigration and Nationality Act, as added 

21 by section 2104(a) of this Act, if the alien— 

22 (i) no longer meets the eligibility re23 quirements for blue card status; 


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1 (ii) knowingly used documentation 

2 issued under this section for an unlawful or 

3 fraudulent purpose; or 

4 (iii) was absent from the United States 

5 for— 

6 (I) any single period longer than 

7 180 days in violation of the require8 ment under paragraph (1)(B)(ii); or 

9 (II) for more than 180 days in the 

10 aggregate during any calendar year, 

11 unless the alien’s failure to timely re12 turn was due to extenuating cir13 cumstances beyond the alien’s control. 

14 (B) ADDITIONAL EVIDENCE.— 

15 (i) IN GENERAL.—In determining 

16 whether to revoke an alien’s status under 

17 subparagraph (A), the Secretary may re18 quire the alien— 

19 (I) to submit additional evidence; 

20 or 

21 (II) to appear for an interview. 

22 (ii) EFFECT OF NONCOMPLIANCE.—The 

23 status of an alien who fails to comply with 

24 any requirement imposed by the Secretary 

25 under clause (i) shall be revoked unless the 


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1 alien demonstrates to the Secretary’s satis2 faction that such failure was reasonably ex3 cusable. 

4 (C) INVALIDATION OF DOCUMENTATION.—If 

5 an alien’s blue card status is revoked under sub6 paragraph (A), any documentation issued by the 

7 Secretary to such alien under subsection (b)(11) 

8 shall automatically be rendered invalid for any 

9 purpose except for departure from the United 

10 States. 

11 (3) INELIGIBILITY FOR PUBLIC BENEFITS.—An 

12 alien who has been granted blue card status is not eli13 gible for any Federal means-tested public benefit (as 

14 such term is defined and implemented in section 403 

15 of the Personal Responsibility and Work Opportunity 

16 Reconciliation Act of 1996 (8 U.S.C. 1613)). 

17 (4) TREATMENT OF BLUE CARD STATUS.—A 

18 noncitizen granted blue card status shall be consid19 ered lawfully present in the United States for all pur20 poses while such noncitizen remains in such status, 

21 except that the noncitizen— 

22 (A) is not entitled to the premium assist23 ance tax credit authorized under section 36B of 

24 the Internal Revenue Code of 1986 for his or her 

25 coverage; 


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1 (B) shall be subject to the rules applicable 

2 to individuals who are not lawfully present set 

3 forth in subsection (e) of such section; 

4 (C) shall be subject to the rules applicable to 

5 individuals who are not lawfully present set 

6 forth in section 1402(e) of the Patient Protection 

7 and Affordable Care Act (42 U.S.C. 18071(e)); 

8 and 

9 (D) shall be subject to the rules applicable 

10 to individuals not lawfully present set forth in 

11 section 5000A(d)(3) of the Internal Revenue Code 

12 of 1986. 

13 (5) ADJUSTMENT TO REGISTERED PROVISIONAL

14 IMMIGRANT STATUS.—The Secretary may adjust the 

15 status of an alien who has been granted blue card sta16 tus to the status of a registered provisional immi17 grant under section 245B of the Immigration and 

18 Nationality Act if the Secretary determines that the 

19 alien is unable to fulfill the agricultural service re20 quirement set forth in section 245F(a)(1) of such Act. 

21 (d) RECORD OF EMPLOYMENT.— 

22 (1) IN GENERAL.—Each employer of an alien 

23 granted blue card status shall annually provide— 

24 (A) a written record of employment to the 

25 alien; and 


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1 (B) a copy of such record to the Secretary 

2 of Agriculture. 

3 (2) CIVIL PENALTIES.— 

4 (A) IN GENERAL.—If the Secretary finds, 

5 after notice and an opportunity for a hearing, 

6 that an employer of an alien granted blue card 

7 status has knowingly failed to provide the record 

8 of employment required under paragraph (1) or 

9 has provided a false statement of material fact in 

10 such a record, the employer shall be subject to a 

11 civil penalty in an amount not to exceed $500 

12 per violation. 

13 (B) LIMITATION.—The penalty under sub14 paragraph (A) for failure to provide employment 

15 records shall not apply unless the alien has pro16 vided the employer with evidence of employment 

17 authorization provided under subsection (c). 

18 (C) DEPOSIT OF CIVIL PENALTIES.—Civil 

19 penalties collected under this paragraph shall be 

20 deposited in the Comprehensive Immigration Re21 form Trust Fund established under section 

22 6(a)(1). 

23 (3) TERMINATION OF OBLIGATION.—The obliga24 tion under paragraph (1) shall terminate on the date 


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1 that is 8 years after the date of the enactment of this 

2 Act. 

3 (4) EMPLOYER PROTECTIONS.— 

4 (A) USE OF EMPLOYMENT RECORDS.—Cop5 ies of employment records or other evidence of 

6 employment provided by an alien or by an 

7 alien’s employer in support of an alien’s appli8 cation for blue card status may not be used in 

9 a civil or criminal prosecution or investigation 

10 of that employer under section 274A of the Im11 migration and Nationality Act (8 U.S.C. 1324a) 

12 or the Internal Revenue Code of 1986 for the 

13 prior unlawful employment of that alien regard14 less of the adjudication of such application or re15 consideration by the Secretary of such alien’s 

16 prima facie eligibility determination. Employers 

17 that provide unauthorized aliens with copies of 

18 employment records or other evidence of employ19 ment pursuant to an application for blue card 

20 status shall not be subject to civil and criminal 

21 liability pursuant to such section 274A for em22 ploying such unauthorized aliens. 

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1 ployers submit employment records that are 

2 deemed to be fraudulent. 

3 (e) RULEMAKING.—Not later than 1 year after the date 

4 of the enactment of this Act, the Secretary, in consultation 

5 with the Secretary of Agriculture, shall issue final regula6 tions to implement this chapter. 

7 SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STA8 TUS. 

9 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 1255 

10 et seq.) is amended by inserting after section 245E, as 

11 added by section 2104 of this Act, the following: 

12 ‘‘SEC. 245F. ADJUSTMENT TO PERMANENT RESIDENT STA13 TUS FOR AGRICULTURAL WORKERS. 

14 ‘‘(a) IN GENERAL.—Except as provided in subsection 

15 (b), and not earlier than 5 years after the date of the enact16 ment of the Border Security, Economic Opportunity, and 

17 Immigration Modernization Act, the Secretary shall adjust 

18 the status of an alien granted blue card status to that of 

19 an alien lawfully admitted for permanent residence if the 

20 Secretary determines that the following requirements are 

21 satisfied: 

22 ‘‘(1) QUALIFYING EMPLOYMENT.—Except as pro23 vided in paragraph (3), the alien— 

24 ‘‘(A) during the 8-year period beginning on 

25 the date of the enactment of the Border Security, 


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1 Economic Opportunity, and Immigration Mod2 ernization Act, performed not less than 100 work 

3 days of agricultural employment during each of 

4 5 years; or 

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

6 such date of enactment, performed not less than 

7 150 work days of agricultural employment dur8 ing each of 3 years. 

9 ‘‘(2) EVIDENCE.—An alien may demonstrate 

10 compliance with the requirement under paragraph (1) 

11 by submitting— 

12 ‘‘(A) the record of employment described in 

13 section 2211(d) of the Border Security, Economic 

14 Opportunity, and Immigration Modernization 

15 Act; 

16 ‘‘(B) documentation that may be submitted 

17 under subsection (e)(4); or 

18 ‘‘(C) any other documentation designated 

19 by the Secretary for such purpose. 

20 ‘‘(3) EXTRAORDINARY CIRCUMSTANCES.— 

21 ‘‘(A) IN GENERAL.—In determining whether 

22 an alien has met the requirement under para23 graph (1), the Secretary may credit the alien 

24 with not more than 12 additional months of ag25 ricultural employment in the United States to 


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1 meet such requirement if the alien was unable to 

2 work in agricultural employment due to— 

3 ‘‘(i) pregnancy, disabling injury, or 

4 disease that the alien can establish through 

5 medical records; 

6 ‘‘(ii) illness, disease, or other special 

7 needs of a child that the alien can establish 

8 through medical records; 

9 ‘‘(iii) severe weather conditions that 

10 prevented the alien from engaging in agri11 cultural employment for a significant pe12 riod of time; or 

13 ‘‘(iv) termination from agricultural 

14 employment, if the Secretary determines 

15 that— 

16 ‘‘(I) the termination was without 

17 just cause; and 

18 ‘‘(II) the alien was unable to find 

19 alternative agricultural employment 

20 after a reasonable job search. 

21 ‘‘(B) EFFECT OF DETERMINATION.—A de22 termination under subparagraph (A)(iv), with 

23 respect to an alien, shall not be conclusive, bind24 ing, or admissible in a separate or subsequent 

25 judicial or administrative action or proceeding 


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1 between the alien and a current or prior em2 ployer of the alien or any other party. 

3 ‘‘(4) APPLICATION PERIOD.—The alien applies 

4 for adjustment of status before the alien’s blue card 

5 status expires. 

6 ‘‘(5) FINE.—The alien pays a fine of $400 to the 

7 Secretary, which shall be deposited into the Com8 prehensive Immigration Reform Trust Fund estab9 lished under section 6(a)(1) of the Border Security, 

10 Economic Opportunity, and Immigration Moderniza11 tion Act. 

12 ‘‘(b) GROUNDS FOR DENIAL OF ADJUSTMENT OF STA13 TUS.— 

14 ‘‘(1) IN GENERAL.—The Secretary may not ad15 just the status of an alien granted blue card status if 

16 the alien— 

17 ‘‘(A) is no longer eligible for blue card sta18 tus; or 

19 ‘‘(B) failed to perform the qualifying em20 ployment requirement under subsection (a)(1), 

21 considering any amount credited by the Sec22 retary under subsection (a)(3). 

23 ‘‘(2) MAINTENANCE OF WAIVERS OF INADMIS24 SIBILITY.—The grounds of inadmissibility set forth in 

25 section 212(a) that were previously waived for the 


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1 alien or made inapplicable shall not apply for pur2 poses of the alien’s adjustment of status under this 

3 section. 

4 ‘‘(3) PENDING REVOCATION PROCEEDINGS.—If 

5 the Secretary has notified the applicant that the Sec6 retary intends to revoke the applicant’s blue card sta7 tus, the Secretary may not approve an application 

8 for adjustment of status under this section unless the 

9 Secretary makes a final determination not to revoke 

10 the applicant’s status. 

11 ‘‘(4) PAYMENT OF TAXES.— 

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

13 file an application for adjustment of status 

14 under this section unless the applicant has satis15 fied any applicable Federal tax liability. 

16 ‘‘(B) DEFINITION OF APPLICABLE FEDERAL

17 TAX LIABILITY.—In this paragraph, the term 

18 ‘applicable federal tax liability’ means all Fed19 eral income taxes assessed in accordance with 

20 section 6203 of the Internal Revenue Code of 

21 1986 since the date on which the applicant was 

22 authorized to work in the United States in blue 

23 card status. 

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

25 demonstrate compliance with subparagraph (A) 


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1 by submitting such documentation as the Sec2 retary, in consultation with the Secretary of the 

3 Treasury, may require by regulation. 

4 ‘‘(c) SPOUSES AND CHILDREN.—Notwithstanding any 

5 other provision of law, the Secretary shall grant permanent 

6 resident status to the spouse or child of an alien whose sta7 tus was adjusted under subsection (a) if— 

8 ‘‘(1) the spouse or child (including any indi9 vidual who was a child on the date such alien was 

10 granted blue card status) applies for such status; 

11 ‘‘(2) the principal alien includes the spouse and 

12 children in an application for adjustment of status to 

13 that of a lawful permanent resident; and 

14 ‘‘(3) the spouse or child is not ineligible for such 

15 status under section 245B. 

16 ‘‘(d) NUMERICAL LIMITATIONS DO NOT APPLY.—The 

17 numerical limitations under sections 201 and 202 shall not 

18 apply to the adjustment of aliens to lawful permanent resi19 dent status under this section. 

20 ‘‘(e) SUBMISSION OF APPLICATIONS.— 

21 ‘‘(1) INTERVIEW.—The Secretary may interview 

22 applicants for adjustment of status under this section 

23 to determine whether they meet the eligibility require24 ments set forth in this section. 

25 ‘‘(2) FEES.— 


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1 ‘‘(A) IN GENERAL.—Applicants for adjust2 ment of status under this section shall pay a 

3 processing fee to the Secretary in an amount 

4 that will ensure the recovery of the full costs of 

5 adjudicating such applications, including— 

6 ‘‘(i) the cost of taking and processing 

7 biometrics; 

8 ‘‘(ii) expenses relating to prevention 

9 and investigation of fraud; and 

10 ‘‘(iii) costs relating to the administra11 tion of the fees collected. 

12 ‘‘(B) AUTHORITY TO LIMIT FEES.—The Sec13 retary, by regulation— 

14 ‘‘(i) may limit the maximum proc15 essing fee payable under this paragraph by 

16 a family, including spouses and unmarried 

17 children younger than 21 years of age; and 

18 ‘‘(ii) may exempt individuals described 

19 in section 245B(c)(10) and other defined 

20 classes of individuals from the payment of 

21 the fee under subparagraph (A). 

22 ‘‘(3) DISPOSITION OF FEES.—All fees collected 

23 under paragraph (2)(A)— 


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1 ‘‘(A) shall be deposited into the Immigra2 tion Examinations Fee Account pursuant to sec3 tion 286(m); and 

4 ‘‘(B) shall remain available until expended 

5 pursuant to section 286(n). 

6 ‘‘(4) DOCUMENTATION OF WORK HISTORY.— 

7 ‘‘(A) BURDEN OF PROOF.—An alien apply8 ing for blue card status under section 2211 of the 

9 Border Security, Economic Opportunity, and 

10 Immigration Modernization Act or for adjust11 ment of status under subsection (a) shall provide 

12 evidence that the alien has worked the requisite 

13 number of hours or days required under sub14 section (a)(1) of such section 2211 or subsection 

15 (a)(3) of this section, as applicable. 

16 ‘‘(B) TIMELY PRODUCTION OF RECORDS.—If 

17 an employer or farm labor contractor employing 

18 such an alien has kept proper and adequate 

19 records respecting such employment, the alien’s 

20 burden of proof under subparagraph (A) may be 

21 met by securing timely production of those 

22 records under regulations to be promulgated by 

23 the Secretary. 

24 ‘‘(C) SUFFICIENT EVIDENCE.—An alien 

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1 graph (A) to establish that the alien has per2 formed the days or hours of work referred to in 

3 subparagraph (A) by producing sufficient evi4 dence to show the extent of that employment as 

5 a matter of just and reasonable inference. 

6 ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN APPLICA7 TIONS.— 

8 ‘‘(1) CRIMINAL PENALTY.—Any person who— 

9 ‘‘(A) files an application for blue card sta10 tus under section 2211 of the Border Security, 

11 Economic Opportunity, and Immigration Mod12 ernization Act or an adjustment of status under 

13 this section and knowingly and willfully falsifies, 

14 conceals, or covers up a material fact or makes 

15 any false, fictitious, or fraudulent statements or 

16 representations, or makes or uses any false writ17 ing or document knowing the same to contain 

18 any false, fictitious, or fraudulent statement or 

19 entry; or 

20 ‘‘(B) creates or supplies a false writing or 

21 document for use in making such an application, 

22 shall be fined in accordance with title 18, United 

23 States Code, imprisoned not more than 5 years, or 

24 both. 


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1 ‘‘(2) INADMISSIBILITY.—An alien who is con2 victed of a crime under paragraph (1) shall be 

3 deemed inadmissible to the United States on the 

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

5 ‘‘(3) DEPOSIT.—Fines collected under paragraph 

6 (1) shall be deposited into the Comprehensive Immi7 gration Reform Trust Fund established under section 

8 6(a)(1) of the Border Security, Economic Oppor9 tunity, and Immigration Modernization Act. 

10 ‘‘(g) ELIGIBILITY FOR LEGAL SERVICES.—Section 

11 504(a)(11) of the Departments of Commerce, Justice, and 

12 State, the Judiciary, and Related Agencies Appropriations 

13 Act, 1996 (Public Law 104–134; 110 Stat. 1321–55) may 

14 not be construed to prevent a recipient of funds under the 

15 Legal Services Corporation Act (42 U.S.C. 2996 et seq.) 

16 from providing legal assistance directly related to an appli17 cation for blue card status under section 2211 of the Border 

18 Security, Economic Opportunity, and Immigration Mod19 ernization Act, to an individual who has been granted blue 

20 card status, or for an application for an adjustment of sta21 tus under this section. 

22 ‘‘(h) ADMINISTRATIVE AND JUDICIAL REVIEW.—Aliens 

23 applying for blue card status under section 2211 of the Bor24 der Security, Economic Opportunity, and Immigration 

25 Modernization Act or adjustment to permanent resident 


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1 status under this section shall be entitled to the rights and 

2 subject to the conditions applicable to other classes of aliens 

3 under sections 242(h) and 245E. 

4 ‘‘(i) APPLICABILITY OF OTHER PROVISIONS.—The 

5 provisions set forth in section 245E which are applicable 

6 to aliens described in section 245B, 245C, and 245D shall 

7 apply to aliens applying for blue card status under section 

8 2211 of the Border Security, Economic Opportunity, and 

9 Immigration Modernization Act or adjustment to perma10 nent resident status under this section. 

11 ‘‘(j) LIMITATION ON BLUE CARD STATUS.—An alien 

12 granted blue card status under section 2211 of the Border 

13 Security, Economic Opportunity, and Immigration Mod14 ernization Act may only adjust status to an alien lawfully 

15 admitted for permanent residence under this section, section 

16 245C of this Act, or section 2302 of the Border Security, 

17 Economic Opportunity, and Immigration Modernization 

18 Act. 

19 ‘‘(k) DEFINITIONS.—In this section: 

20 ‘‘(1) BLUE CARD STATUS.—The term ‘blue card 

21 status’ means the status of an alien who has been 

22 lawfully admitted into the United States for tem23 porary residence under section 2211 of the Border Se24 curity, Economic Opportunity, and Immigration 

25 Modernization Act. 


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1 ‘‘(2) AGRICULTURAL EMPLOYMENT.—The term 

2 ‘agricultural employment’ has the meaning given such 

3 term in section 3 of the Migrant and Seasonal Agri4 cultural Worker Protection Act (29 U.S.C. 1802), 

5 without regard to whether the specific service or activ6 ity is temporary or seasonal. 

7 ‘‘(3) EMPLOYER.—The term ‘employer’ means 

8 any person or entity, including any farm labor con9 tractor and any agricultural association, that em10 ploys workers in agricultural employment. 

11 ‘‘(4) WORK DAY.—The term ‘work day’ means 

12 any day in which the individual is employed 5.75 or 

13 more hours in agricultural employment.’’. 

14 (b) CONFORMING AMENDMENT.—Section 201(b)(1) (8 

15 U.S.C. 1151(b)(1), as amended by section 2103(c), is further 

16 amended by adding at the end the following: 

17 ‘‘(G) Aliens granted lawful permanent resi18 dent status under section 245F.’’. 

19 (c) CLERICAL AMENDMENT.—The table of contents, as 

20 amended by section 2104(e), is further amended by insert21 ing after the item relating to section 245E the following: 

‘‘Sec. 245F. Adjustment to permanent resident status for agricultural workers.’’. 

22 SEC. 2213. USE OF INFORMATION. 

23 Beginning not later than the first day of the applica24 tion period described in section 2211(b)(3), the Secretary, 

25 in cooperation with qualified designated entities, shall 


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1 broadly disseminate information respecting the benefits that 

2 aliens may receive under this subchapter and the require3 ments that an alien is required to meet to receive such bene4 fits. 

5 SEC. 2214. REPORTS ON BLUE CARDS. 

6 Not later than September 30, 2013, and annually 

7 thereafter for the next 8 years, the Secretary shall submit 

8 a report to Congress that identifies, for the previous fiscal 

9 year— 

10 (1) the number of aliens who applied for blue 

11 card status; 

12 (2) the number of aliens who were granted blue 

13 card status; 

14 (3) the number of aliens who applied for an ad15 justment of status pursuant to section 245F(a) of the 

16 Immigration and Nationality Act, as added by sec17 tion 2212; and 

18 (4) the number of aliens who received an adjust19 ment of status pursuant such section 245F(a). 

20 SEC. 2215. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to the Sec22 retary such sums as may be necessary to implement this 

23 subchapter, including any sums needed for costs associated 

24 with the initiation of such implementation, for fiscal years 

25 2013 and 2014. 


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1 Subchapter B—Correction of Social Security 

2 Records 

3 SEC. 2221. CORRECTION OF SOCIAL SECURITY RECORDS. 

4 (a) IN GENERAL.—Section 208(e)(1) of the Social Se5 curity Act (42 U.S.C. 408(e)(1)) is amended— 

6 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

7 the end; 

8 (2) in subparagraph (C), by inserting ‘‘or’’ at 

9 the end; 

10 (3) by inserting after subparagraph (C) the fol11 lowing: 

12 ‘‘(D) who is granted blue card status under 

13 the Agricultural Worker Program Act of 2013,’’; 

14 and 

15 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

16 in the case of an alien described in subparagraph 

17 (D), if such conduct is alleged to have occurred before 

18 the date on which the alien was granted blue card 

19 status under section 2211(a) of the Agricultural 

20 Worker Program Act of 2013.’’. 

21 (b) EFFECTIVE DATE.—The amendments made by sub22 section (a) shall take effect on the first day of the seventh 

23 month that begins after the date of the enactment of this 

24 Act. 


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1 CHAPTER 2—NONIMMIGRANT 

2 AGRICULTURAL VISA PROGRAM 

3 SEC. 2231. NONIMMIGRANT CLASSIFICATION FOR NON4 IMMIGRANT AGRICULTURAL WORKERS. 

5 Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended 

6 by adding at the end the following: 

7 ‘‘(W) an alien having a residence in a for8 eign country who is coming to the United States 

9 for a temporary period— 

10 ‘‘(iii)(I) to perform services or labor in 

11 agricultural employment and who has a 

12 written contract that specifies the wages, 

13 benefits, and working conditions of such 

14 full-time employment in an agricultural oc15 cupation with a designated agricultural em16 ployer for a specified period of time; and 

17 ‘‘(II) who meets the requirements 

18 under section 218A for a nonimmigrant 

19 visa described in this clause; or 

20 ‘‘(iv)(I) to perform services or labor in 

21 agricultural employment and who has an 

22 offer of full-time employment in an agricul23 tural occupation from a designated agricul24 tural employer for such employment and is 

25 not described in clause (i); and 


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1 ‘‘(II) who meets the requirements 

2 under section 218A for a nonimmigrant 

3 visa described in this clause.’’. 

4 SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICUL5 TURAL WORKER PROGRAM. 

6 (a) IN GENERAL.—Chapter 2 of title II (8 U.S.C. 1181 

7 et seq.) is amended by inserting after section 218 the fol8 lowing: 

9 ‘‘SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PRO10 GRAM. 

11 ‘‘(a) DEFINITIONS.—In this section and in clauses (iii) 

12 and (iv) of section 101(a)(15)(W): 

13 ‘‘(1) AGRICULTURAL EMPLOYMENT.—The term 

14 ‘agricultural employment’ has the meaning given such 

15 term in section 3 of the Migrant and Seasonal Agri16 cultural Worker Protection Act (29 U.S.C. 1802), 

17 without regard to whether the specific service or activ18 ity is temporary or seasonal. 

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 

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1 tion 2211(a) of the Agricultural Worker Program Act 

2 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 EMPLOYER.— 

8 The term ‘designated agricultural employer’ means an 

9 employer who is registered with the Secretary of Agri10 culture pursuant to subsection (e)(1). 

11 ‘‘(6) ELECTRONIC JOB REGISTRY.—The term 

12 ‘Electronic Job Registry’ means the Electronic Job 

13 Registry of a State workforce agency (or similar suc14 cessor registry). 

15 ‘‘(7) EMPLOYER.—Except as otherwise provided, 

16 the term ‘employer’ means any person or entity, in17 cluding any farm labor contractor and any agricul18 tural association, that employs workers in agricul19 tural employment. 

20 ‘‘(8) NONIMMIGRANT AGRICULTURAL WORKER.— 

21 The term ‘nonimmigrant agricultural worker’ mean a 

22 nonimmigrant described in clause (iii) or (iv) of sec23 tion 101(a)(15)(W). 


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1 ‘‘(9) PROGRAM.—The term ‘Program’ means the 

2 Nonimmigrant Agricultural Worker Program estab3 lished under subsection (b). 

4 ‘‘(10) SECRETARY.—Except as otherwise specifi5 cally provided, the term ‘Secretary’ means the Sec6 retary 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 a blue card; or 

18 ‘‘(v) is an immigrant otherwise author19 ized 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 worker 

6 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 to— 

15 ‘‘(i) 112,333; and 

16 ‘‘(ii) the numerical adjustment made 

17 by the Secretary for such fiscal year in ac18 cordance with paragraph (2). 

19 ‘‘(B) QUARTERLY ALLOCATION.—The an20 nual allocation of visas described in subpara21 graph (A) shall be evenly allocated between the 

22 4 quarters of the fiscal year unless the Secretary 

23 determines that an alternative allocation would 

24 better accommodate the seasonal demand for 

25 visas. Any unused visas in a quarter shall be 


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1 added to the allocation for the subsequent quarter 

2 of the same fiscal year. 

3 ‘‘(C) EFFECT OF 2ND OR SUBSEQUENT DES4 IGNATED AGRICULTURAL EMPLOYER.—A non5 immigrant agricultural worker who has a valid 

6 visa issued under this section that counted 

7 against the allocation described in subparagraph 

8 (A) shall not be recounted against the allocation 

9 if the worker is petitioned for by a subsequent 

10 designated agricultural employer. 

11 ‘‘(2) ANNUAL ADJUSTMENTS FOR FIRST 5 YEARS

12 OF PROGRAM.— 

13 ‘‘(A) IN GENERAL.—The Secretary, in con14 sultation with the Secretary of Labor, and after 

15 reviewing relevant evidence submitted by agricul16 tural producers and organizations representing 

17 agricultural workers, may increase or decrease, 

18 as appropriate, the worldwide level of visas 

19 under paragraph (1) for each of the 5 fiscal 

20 years referred to in paragraph (1) after consid21 ering appropriate factors, including— 

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 ap7 plications approved; 

8 ‘‘(v) the number of nonimmigrant ag9 ricultural workers sought by employers dur10 ing the preceding fiscal year; 

11 ‘‘(vi) the estimated number of United 

12 States workers, including blue card workers, 

13 who worked in agriculture during the pre14 ceding fiscal year; 

15 ‘‘(vii) the number of nonimmigrant ag16 ricultural workers issued a visa in the most 

17 recent fiscal year who remain in the United 

18 States in compliance with the terms of such 

19 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; and 

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 sur6 plus 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 Secu12 rity shall implement such changes. 

13 ‘‘(C) EMERGENCY PROCEDURES.—The Sec14 retary shall establish, by regulation, procedures 

15 for immediately adjusting an annual allocation 

16 under paragraph (1) for labor shortages, as de17 termined by the Secretary. The Secretary shall 

18 make a decision on a petition for an adjustment 

19 of status not later than 30 days after receiving 

20 such petition. 

21 ‘‘(3) SIXTH AND SUBSEQUENT YEARS OF PRO22 GRAM.—The Secretary, in consultation with the Sec23 retary of Labor, shall establish the worldwide level of 

24 visas for nonimmigrant agricultural workers for each 

25 fiscal year following the fiscal years referred to in 


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1 paragraph (1) after considering appropriate factors, 

2 including— 

3 ‘‘(A) a demonstrated shortage of agricul4 tural workers; 

5 ‘‘(B) the level of unemployment and under6 employment of agricultural workers during the 

7 preceding fiscal year; 

8 ‘‘(C) the number of applications for blue 

9 card status; 

10 ‘‘(D) the number of blue card visa applica11 tions approved; 

12 ‘‘(E) the number of nonimmigrant agricul13 tural workers sought by employers during the 

14 preceding fiscal year; 

15 ‘‘(F) the estimated number of United States 

16 workers, including blue card workers, who 

17 worked in agriculture during the preceding fiscal 

18 year; 

19 ‘‘(G) the number of nonimmigrant agricul20 tural workers issued a visa in the most recent 

21 fiscal year who remain in the United States in 

22 compliance with the terms of such visa; 

23 ‘‘(H) the number of United States workers 

24 who accepted jobs offered by employers using the 


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1 Electronic Job Registry during the preceding fis2 cal year; 

3 ‘‘(I) any growth or contraction of the 

4 United States agricultural industry that has in5 creased or decreased the demand for agricultural 

6 workers; and 

7 ‘‘(J) any changes in the real wages paid to 

8 agricultural workers in the United States as an 

9 indication of a shortage or surplus of agricul10 tural labor. 

11 ‘‘(4) EMERGENCY PROCEDURES.—The Secretary 

12 shall establish, by regulation, procedures for imme13 diately adjusting an annual allocation under para14 graph (3) for labor shortages, as determined by the 

15 Secretary. The Secretary shall make a decision on a 

16 petition for an adjustment of status not later than 30 

17 days after receiving such petition 

18 ‘‘(d) REQUIREMENTS FOR NONIMMIGRANT AGRICUL19 TURAL WORKERS.— 

20 ‘‘(1) ELIGIBILITY FOR NONIMMIGRANT AGRICUL21 TURAL WORKER STATUS.— 

22 ‘‘(A) IN GENERAL.—An alien is not eligible 

23 to be admitted to the United States as a non24 immigrant agricultural worker if the alien— 


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1 ‘‘(i) violated a material term or condi2 tion of a previous admission as a non3 immigrant agricultural worker during the 

4 most recent 3-year period (other than a con5 tract agricultural worker who voluntarily 

6 abandons his or her employment before the 

7 end of the contract period or whose employ8 ment is terminated by the employer for 

9 cause); 

10 ‘‘(ii) has not obtained successful clear11 ance of any security and criminal back12 ground checks required by the Secretary of 

13 Homeland Security or any other examina14 tion required under this Act; or 

15 ‘‘(iii)(I) departed from the United 

16 States while subject to an order of exclusion, 

17 deportation, or removal, or pursuant to an 

18 order of voluntary departure; and 

19 ‘‘(II)(aa) is outside of the United 

20 States; or 

21 ‘‘(bb) has reentered the United States 

22 illegally after December 31, 2012, without 

23 receiving consent to the alien’s reapplica24 tion for admission under section 212(a)(9). 


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1 ‘‘(B) WAIVER.—The Secretary of Homeland 

2 Security may waive the application of subpara3 graph (A)(iii) on behalf of an alien if the 

4 alien— 

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

6 States citizen or lawful permanent resident; 

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

8 United States citizen or lawful permanent 

9 resident; 

10 ‘‘(iii) meets the requirements set forth 

11 in clause (ii) or (iii) of section 

12 245D(b)(1)(A); or 

13 ‘‘(iv)(I) meets the requirements set 

14 forth in section 245D(b)(1)(A)(ii); 

15 ‘‘(II) is 16 years or older on the date 

16 on which the alien applies for non17 immigrant agricultural status; and 

18 ‘‘(III) was physically present in the 

19 United States for an aggregate period of not 

20 less than 3 years during the 6-year period 

21 immediately preceding the date of the enact22 ment of this section. 

23 ‘‘(2) TERM OF STAY FOR NONIMMIGRANT AGRI24 CULTURAL WORKERS.— 

25 ‘‘(A) IN GENERAL.— 


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1 ‘‘(i) INITIAL ADMISSION.—A non2 immigrant agricultural worker may be ad3 mitted into the United States in such status 

4 for an initial period of 3 years. 

5 ‘‘(ii) RENEWAL.—A nonimmigrant ag6 ricultural worker may renew such worker’s 

7 period of admission in the United States for 

8 1 additional 3-year period. 

9 ‘‘(B) BREAK IN PRESENCE.—A non10 immigrant agricultural worker who has been ad11 mitted to the United States for 2 consecutive pe12 riods under subparagraph (A) is ineligible to 

13 renew the alien’s nonimmigrant agricultural 

14 worker status until such alien— 

15 ‘‘(i) returns to a residence outside the 

16 United States for a period of not less than 

17 3 months; and 

18 ‘‘(ii) seeks to reenter the United States 

19 under the terms of the Program as a non20 immigrant agricultural worker. 

21 ‘‘(3) LOSS OF STATUS.— 

22 ‘‘(A) IN GENERAL.—An alien admitted as a 

23 nonimmigrant agricultural worker shall be ineli24 gible for such status and shall be required to de25 part the United States if such alien— 


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1 ‘‘(i) after the completion of his or her 

2 contract with a designated agricultural em3 ployer, is not employed in agricultural em4 ployment by a designated agricultural em5 ployer; or 

6 ‘‘(ii) is an at-will agricultural worker 

7 and is not continuously employed by a des8 ignated agricultural employer in agricul9 tural employment as an at-will agricultural 

10 worker. 

11 ‘‘(B) EXCEPTION.—Subject to subparagraph 

12 (C), a nonimmigrant agricultural worker has 

13 not violated subparagraph (A) if the non14 immigrant agricultural worker is not employed 

15 in agricultural employment for a period not to 

16 exceed 60 days. 

17 ‘‘(C) WAIVER.—Notwithstanding subpara18 graph (B), the Secretary of Homeland Security 

19 may waive the application of clause (i) or (ii) 

20 of subparagraph (A) for a nonimmigrant agri21 cultural worker who was not employed in agri22 cultural employment for a period of more than 

23 60 days if such period of unemployment was due 

24 to— 

25 ‘‘(i) the injury of such worker; or 


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1 ‘‘(ii) a natural disaster declared by the 

2 Secretary. 

3 ‘‘(D) TOLLING OF EMPLOYMENT REQUIRE4 MENT.—A nonimmigrant agricultural worker 

5 may leave the United States for up to 60 days 

6 in any fiscal year while in such status. During 

7 the period in which the worker is outside of the 

8 United States, the 60-day limit specified in sub9 paragraph (B) shall be tolled. 

10 ‘‘(4) PORTABILITY OF STATUS.— 

11 ‘‘(A) CONTRACT AGRICULTURAL WORK12 ERS.— 

13 ‘‘(i) IN GENERAL.—Except as provided 

14 in clause (ii), an alien who entered the 

15 United States as a contract agricultural 

16 worker may— 

17 ‘‘(I) seek employment as a non18 immigrant agricultural worker with a 

19 designated agricultural employer other 

20 than the designated agricultural em21 ployer with whom the employee had a 

22 contract described in section 

23 101(a)(15)(W)(iii)(I); and 

24 ‘‘(II) accept employment with 

25 such new employer after the date the 


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1 contract agricultural worker completes 

2 such contract. 

3 ‘‘(ii) VOLUNTARY ABANDONMENT; TER4 MINATION FOR CAUSE.—A contract agricul5 tural worker who voluntarily abandons his 

6 or her employment before the end of the con7 tract period or whose employment is termi8 nated for cause by the employer— 

9 ‘‘(I) may not accept subsequent 

10 employment with another designated 

11 agricultural employer without first de12 parting the United States and reen13 tering pursuant to a new offer of em14 ployment; and 

15 ‘‘(II) is not entitled to the 75 per16 cent payment guarantee described in 

17 subsection (e)(4)(B). 

18 ‘‘(iii) TERMINATION BY MUTUAL

19 AGREEMENT.—The termination of an em20 ployment contract by mutual agreement of 

21 the designated agricultural employer and 

22 the contract agricultural worker shall not be 

23 considered voluntary abandonment for pur24 poses of clause (ii). 


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1 ‘‘(B) AT-WILL AGRICULTURAL WORKERS.— 

2 An alien who entered the United States as an at3 will agricultural worker may seek employment 

4 as an at-will agricultural worker with any other 

5 designated agricultural employer referred to in 

6 section 101(a)(15)(W)(iv)(I). 

7 ‘‘(5) PROHIBITION ON GEOGRAPHIC LIMITA8 TION.—A nonimmigrant visa issued to a non9 immigrant agricultural worker— 

10 ‘‘(A) shall not limit the geographical area 

11 within which such worker may be employed; 

12 ‘‘(B) shall not limit the type of agricultural 

13 employment such worker may perform; and 

14 ‘‘(C) shall restrict such worker to employ15 ment with designated agricultural employers. 

16 ‘‘(6) TREATMENT OF SPOUSES AND CHILDREN.— 

17 A spouse or child of a nonimmigrant agricultural 

18 worker— 

19 ‘‘(A) shall not be entitled to a visa or any 

20 immigration status by virtue of the relationship 

21 of such spouse or child to such worker; and 

22 ‘‘(B) may be provided status as a non23 immigrant agricultural worker if the spouse or 

24 child is independently qualified for such status. 

25 ‘‘(e) EMPLOYER REQUIREMENTS.— 


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1 ‘‘(1) DESIGNATED AGRICULTURAL EMPLOYER

2 STATUS.— 

3 ‘‘(A) REGISTRATION REQUIREMENT.—Each 

4 employer seeking to employ nonimmigrant agri5 cultural workers shall register for designated ag6 ricultural employer status by submitting to the 

7 Secretary, through the Farm Service Agency in 

8 the geographic area of the employer or electroni9 cally to the Secretary, a registration that in10 cludes— 

11 ‘‘(i) the employer’s employer identifica12 tion number; and 

13 ‘‘(ii) a registration fee, in an amount 

14 determined by the Secretary, which shall be 

15 used for the costs of administering the pro16 gram. 

17 ‘‘(B) CRITERIA.—The Secretary shall grant 

18 designated agricultural employer status to an 

19 employer who submits a registration for such 

20 status that includes— 

21 ‘‘(i) documentation that the employer 

22 is engaged in agriculture; 

23 ‘‘(ii) the estimated number of non24 immigrant agricultural workers the em25 ployer will need each year; 


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1 ‘‘(iii) the anticipated periods during 

2 which the employer will need such workers; 

3 and 

4 ‘‘(iv) documentation establishing need 

5 for a specified agricultural occupation or 

6 occupations. 

7 ‘‘(C) DESIGNATION.— 

8 ‘‘(i) REGISTRATION NUMBER.—The 

9 Secretary shall assign each employer that 

10 meets the criteria established pursuant to 

11 subparagraph (B) with a designated agri12 cultural employer registration number. 

13 ‘‘(ii) TERM OF DESIGNATION.—Each 

14 employer granted designated agricultural 

15 employer status under this paragraph shall 

16 retain such status for a term of 3 years. At 

17 the end of such 3-year term, the employer 

18 may renew the registration for another 3- 

19 year term if the employer meets the require20 ments set forth in subparagraphs (A) and 

21 (B). 

22 ‘‘(D) ASSISTANCE.—In carrying out the 

23 functions described in this subsection, the Sec24 retary may work through the Farm Service 


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1 Agency, or any other agency in the Department 

2 of Agriculture— 

3 ‘‘(i) to assist agricultural employers 

4 with the registration process under this 

5 paragraph by providing such employers 

6 with— 

7 ‘‘(I) technical assistance and ex8 pertise; 

9 ‘‘(II) internet access for submit10 ting such applications; and 

11 ‘‘(III) a nonelectronic means for 

12 submitting such registrations; and 

13 ‘‘(ii) to provide resources about the 

14 Program, including best practices and com15 pliance related assistance and resources or 

16 training to assist in retention of such work17 ers to agricultural employers. 

18 ‘‘(E) DEPOSIT OF REGISTRATION FEE.— 

19 Fees collected pursuant to subparagraph 

20 (A)(ii)— 

21 ‘‘(i) shall be deposited into the Immi22 gration Examinations Fee Account pursu23 ant to section 286(m); and 

24 ‘‘(ii) shall remain available until ex25 pended pursuant to section 286(n). 


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1 ‘‘(2) NONIMMIGRANT AGRICULTURAL WORKER

2 PETITION PROCESS.— 

3 ‘‘(A) IN GENERAL.—Not later than 45 days 

4 before the date on which nonimmigrant agricul5 tural workers are needed, a designated agricul6 tural employer seeking to employ such workers 

7 shall submit a petition to the Secretary of Home8 land Security that includes the employer’s des9 ignated agricultural employer registration num10 ber. 

11 ‘‘(B) ATTESTATION.—An petition submitted 

12 under subparagraph (A) shall include an attesta13 tion of the following: 

14 ‘‘(i) The number of named or unnamed 

15 nonimmigrant agricultural workers the des16 ignated agricultural employer is seeking to 

17 employ during the applicable period of em18 ployment. 

19 ‘‘(ii) The total number of contract ag20 ricultural workers and of at-will agricul21 tural workers the employer will require for 

22 each occupational category. 

23 ‘‘(iii) The anticipated period, includ24 ing expected beginning and ending dates, 

25 during which such employees will be needed. 


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1 ‘‘(iv) Evidence of contracts or written 

2 disclosures of employment terms and condi3 tions in accordance with the Migrant and 

4 Seasonal Agricultural Worker Protection 

5 Act (29 U.S.C. 1801 et seq.), which have 

6 been disclosed or provided to the non7 immigrant agricultural workers, or a sam8 ple of such contract or disclosure for 

9 unnamed workers. 

10 ‘‘(v) The information submitted to the 

11 State workforce agency pursuant to para12 graph (3)(A)(i). 

13 ‘‘(vi) The record of United States work14 ers described in paragraph (3)(A)(iii) on 

15 the date of the request. 

16 ‘‘(vii) Evidence of offers of employment 

17 made to United States workers as required 

18 under paragraph (3)(B). 

19 ‘‘(viii) The employer will comply with 

20 the additional program requirements for 

21 designated agricultural employers described 

22 in paragraph (4). 

23 ‘‘(C) EMPLOYMENT AUTHORIZATION WHEN

24 CHANGING EMPLOYERS.—Nonimmigrant agricul25 tural workers in the United States who are idenVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01099 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 tified in a petition submitted pursuant to sub2 paragraph (A) and are in lawful status may 

3 commence employment with their designated ag4 ricultural employer after such employer has sub5 mitted such petition to the Secretary of Home6 land Security. 

7 ‘‘(D) REVIEW.—The Secretary of Homeland 

8 Security shall review each petition submitted by 

9 designated agricultural employers under this 

10 paragraph for completeness or obvious inaccura11 cies. Unless the Secretary of Homeland Security 

12 determines that the petition is incomplete or ob13 viously inaccurate, the Secretary shall accept the 

14 petition. The Secretary shall establish a proce15 dure for the processing of petitions filed under 

16 this subsection. Not later than 7 working days 

17 after the date of the filing, the Secretary, by elec18 tronic or other means assuring expedited deliv19 ery, shall submit a copy of notice of approval or 

20 denial of the petition to the petitioner and, in 

21 the case of approved petitions, to the appropriate 

22 immigration officer at the port of entry or 

23 United States consulate, as appropriate, if the 

24 petitioner has indicated that the alien beneVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01100 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 ficiary or beneficiaries will apply for a visa or 

2 admission to the United States. 

3 ‘‘(3) EMPLOYMENT OF UNITED STATES WORK4 ERS.— 

5 ‘‘(A) RECRUITMENT.— 

6 ‘‘(i) FILING A JOB OPPORTUNITY WITH

7 LOCAL OFFICE OF STATE WORKFORCE AGEN8 CY.—Not later than 60 days before the date 

9 on which the employer desires to employ a 

10 nonimmigrant agricultural worker, the em11 ployer shall submit the job opportunity for 

12 such worker to the local office of the State 

13 workforce agency where the job site is lo14 cated and authorize the posting of the job 

15 opportunity on the appropriate Department 

16 of Labor Electronic Job Registry for a pe17 riod of 45 days. 

18 ‘‘(ii) CONSTRUCTION.—Nothing in 

19 clause (i) may be construed to cause a post20 ing referred to in clause (i) to be treated as 

21 an interstate job order under section 

22 653.500 of title 20, Code of Federal Regula23 tions (or similar successor regulation). 

24 ‘‘(iii) RECORD OF UNITED STATES

25 WORKERS.—An employer shall keep a 


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1 record of all eligible, able, willing, and 

2 qualified United States workers who apply 

3 for agricultural employment with the em4 ployer for the agricultural employment for 

5 which the nonimmigrant agricultural non6 immigrant workers are sought. 

7 ‘‘(B) REQUIREMENT TO HIRE.— 

8 ‘‘(i) UNITED STATES WORKERS.—An 

9 employer may not seek a nonimmigrant ag10 ricultural worker for agricultural employ11 ment unless the employer offers such em12 ployment to any equally or better qualified 

13 United States worker who will be available 

14 at the time and place of need and who ap15 plies for such employment during the 45- 

16 day recruitment period referred to in sub17 paragraph (A)(i). 

18 ‘‘(ii) EXCEPTION.—Notwithstanding 

19 clause (i), the employer may offer the job to 

20 a nonimmigrant agricultural worker in21 stead of an alien in blue card status if— 

22 ‘‘(I) such worker was previously 

23 employed by the employer as an H–2A 

24 worker; 


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1 ‘‘(II) such worker worked for the 

2 employer for 3 years during the most 

3 recent 4-year period; and 

4 ‘‘(III) the employer pays such 

5 worker the adverse effect wage rate cal6 culated under subsection (f)(5)(B). 

7 ‘‘(4) ADDITIONAL PROGRAM REQUIREMENTS FOR

8 DESIGNATED AGRICULTURAL EMPLOYERS.—Each des9 ignated agricultural employer shall comply with the 

10 following requirements: 

11 ‘‘(A) NO DISPLACEMENT OF UNITED STATES

12 WORKERS.— 

13 ‘‘(i) IN GENERAL.—The employer shall 

14 not displace a United States worker em15 ployed by the employer, other than for good 

16 cause, during the period of employment of 

17 the nonimmigrant agricultural worker and 

18 for a period of 30 days preceding such pe19 riod in the occupation and at the location 

20 of employment for which the employer seeks 

21 to employ nonimmigrant agricultural work22 ers. 

23 ‘‘(ii) LABOR DISPUTE.—The employer 

24 shall not employ a nonimmigrant agricul25 tural worker for a specific job for which the 


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1 employer is requesting a nonimmigrant ag2 ricultural worker because the former occu3 pant of the job is on strike or being locked 

4 out in the course of a labor dispute. 

5 ‘‘(B) GUARANTEE OF EMPLOYMENT FOR

6 CONTRACT AGRICULTURAL WORKERS.— 

7 ‘‘(i) OFFER TO CONTRACT WORKER.— 

8 The employer shall guarantee to offer con9 tract agricultural workers employment for 

10 the hourly equivalent of at least 75 percent 

11 of the work days of the total period of em12 ployment, beginning with the first work day 

13 after the arrival of the worker at the place 

14 of employment and ending on the expira15 tion date specified in the job offer. In this 

16 clause, the term ‘hourly equivalent’ means 

17 the number of hours in the work days as 

18 stated in the job offer and shall exclude the 

19 worker’s Sabbath and Federal holidays. If 

20 the employer affords the contract agricul21 tural worker less employment than the 

22 number of hours required under this sub23 paragraph, the employer shall pay such 

24 worker the amount the worker would have 


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1 earned had the worker worked the guaran2 teed number of hours. 

3 ‘‘(ii) FAILURE TO WORK.—Any hours 

4 which the worker fails to work, up to a 

5 maximum of the number of hours specified 

6 in the job offer for a work day, when the 

7 worker has been offered an opportunity to 

8 do so, and all hours of work actually per9 formed (including voluntary work in excess 

10 of the number of hours specified in the job 

11 offer in a work day, on the worker’s Sab12 bath, or on Federal holidays) may be count13 ed by the employer in calculating whether 

14 the period of guaranteed employment has 

15 been met. 

16 ‘‘(iii) CONTRACT IMPOSSIBILITY.—If, 

17 before the expiration of the period of em18 ployment specified in the job offer, the serv19 ices of a contract agricultural worker are no 

20 longer required for reasons beyond the con21 trol of the employer due to any form of nat22 ural disaster, including a flood, hurricane, 

23 freeze, earthquake, fire, drought, plant or 

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1 latory drought, before the guarantee in 

2 clause (i) is fulfilled, the employer— 

3 ‘‘(I) may terminate the worker’s 

4 employment; 

5 ‘‘(II) shall fulfill the employment 

6 guarantee described in clause (i) for 

7 the work days that have elapsed from 

8 the first work day after the arrival of 

9 the worker to the termination of em10 ployment; 

11 ‘‘(III) shall make efforts to trans12 fer the worker to other comparable em13 ployment acceptable to the worker; and 

14 ‘‘(IV) if such a transfer does not 

15 take place, shall provide the return 

16 transportation required under sub17 paragraph (J). 

18 ‘‘(C) WORKERS’ COMPENSATION.— 

19 ‘‘(i) REQUIREMENT TO PROVIDE.—If a 

20 job referred to in paragraph (3) is not cov21 ered by the State workers’ compensation 

22 law, the employer shall provide, at no cost 

23 to the nonimmigrant agricultural worker, 

24 insurance covering injury and disease aris25 ing out of, and in the course of, such job. 


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1 ‘‘(ii) BENEFITS.—The insurance re2 quired to be provided under clause (i) shall 

3 provide benefits at least equal to those pro4 vided under and pursuant to the State 

5 workers’ compensation law for comparable 

6 employment. 

7 ‘‘(D) PROHIBITION FOR USE FOR NON8 AGRICULTURAL SERVICES.—The employer may 

9 not employ a nonimmigrant agricultural worker 

10 for employment other than agricultural employ11 ment. 

12 ‘‘(E) WAGES.—The employer shall pay not 

13 less than the wage required under subsection (f). 

14 ‘‘(F) DEDUCTION OF WAGES.—The employer 

15 shall make only deductions from a non16 immigrant agricultural worker’s wages that are 

17 authorized by law and are reasonable and cus18 tomary in the occupation and area of employ19 ment of such worker. 

20 ‘‘(G) REQUIREMENT TO PROVIDE HOUSING

21 OR A HOUSING ALLOWANCE.— 

22 ‘‘(i) IN GENERAL.—Except as provided 

23 in clauses (iv) and (v), a designated agri24 cultural employer shall offer to provide a 

25 nonimmigrant agricultural worker with 


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1 housing at no cost in accordance with 

2 clause (ii) or (iii). 

3 ‘‘(ii) HOUSING.—An employer may 

4 provide housing to a nonimmigrant agricul5 tural worker that meets— 

6 ‘‘(I) applicable Federal standards 

7 for temporary labor camps; or 

8 ‘‘(II) applicable local standards 

9 (or, in the absence of applicable local 

10 standards, State standards) for rental 

11 or public accommodation housing or 

12 other substantially similar class of 

13 habitation. 

14 ‘‘(iii) HOUSING PAYMENTS.— 

15 ‘‘(I) PUBLIC HOUSING.—If the 

16 employer arranges public housing for 

17 nonimmigrant agricultural workers 

18 through a State, county, or local gov19 ernment program and such public 

20 housing units normally require pay21 ments from tenants, such payments 

22 shall be made by the employer directly 

23 to the landlord. 

24 ‘‘(II) DEPOSITS.—Deposits for 

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1 lated to housing shall not be collected 

2 from workers by employers who pro3 vide housing for such workers. 

4 ‘‘(III) DAMAGES.—The employer 

5 may require any worker who is respon6 sible for damage to housing that did 

7 not result from normal wear and tear 

8 related to habitation to reimburse the 

9 employer for the reasonable cost of re10 pairing such damage. 

11 ‘‘(iv) HOUSING ALLOWANCE ALTER12 NATIVE.— 

13 ‘‘(I) IN GENERAL.—The employer 

14 may provide a reasonable housing al15 lowance instead of providing housing 

16 under clause (i). Upon the request of a 

17 worker seeking assistance in locating 

18 housing, the employer shall make a 

19 good faith effort to assist the worker in 

20 identifying and locating housing in the 

21 area of intended employment. An em22 ployer who offers a housing allowance 

23 to a worker or assists a worker in lo24 cating housing, which the worker occu25 pies, shall not be deemed a housing 


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1 provider under section 203 of the Mi2 grant and Seasonal Agricultural Work3 er Protection Act (29 U.S.C. 1823) 

4 solely by virtue of providing such hous5 ing allowance. No housing allowance 

6 may be used for housing that is owned 

7 or controlled by the employer. 

8 ‘‘(II) CERTIFICATION REQUIRE9 MENT.—Contract agricultural workers 

10 may only be provided a housing allow11 ance if the Governor of the State in 

12 which the place of employment is lo13 cated certifies to the Secretary that 

14 there is adequate housing available in 

15 the area of intended employment for 

16 migrant farm workers and contract ag17 ricultural workers who are seeking 

18 temporary housing while employed in 

19 agricultural work. Such certification 

20 shall expire after 3 years unless re21 newed by the Governor of the State. 

22 ‘‘(III) AMOUNT OF ALLOWANCE.— 

23 ‘‘(aa) NONMETROPOLITAN

24 COUNTIES.—If the place of em25 ployment of the workers provided 


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1 an allowance under this clause is 

2 a nonmetropolitan county, the 

3 amount of the housing allowance 

4 under this clause shall be equal to 

5 the average fair market rental for 

6 existing housing in nonmetropoli7 tan counties in the State in which 

8 the place of employment is lo9 cated, as established by the Sec10 retary of Housing and Urban De11 velopment pursuant to section 

12 8(c) of the United States Housing 

13 Act of 1937 (42 U.S.C. 1437f(c)), 

14 based on a 2-bedroom dwelling 

15 unit and an assumption of 2 per16 sons per bedroom. 

17 ‘‘(bb) METROPOLITAN COUN18 TIES.—If the place of employment 

19 of the workers provided an allow20 ance under this clause is a metro21 politan county, the amount of the 

22 housing allowance under this 

23 clause shall be equal to the aver24 age fair market rental for existing 

25 housing in metropolitan counties 


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1 in the State in which the place of 

2 employment is located, as estab3 lished by the Secretary of Housing 

4 and Urban Development pursuant 

5 to section 8(c) of the United 

6 States Housing Act of 1937 (42 

7 U.S.C. 1437f(c)), based on a 2- 

8 bedroom dwelling unit and an as9 sumption of 2 persons per bed10 room. 

11 ‘‘(v) EXCEPTION FOR COMMUTING

12 WORKERS.—Nothing in this subparagraph 

13 may be construed to require an employer to 

14 provide housing or a housing allowance to 

15 workers who reside outside of the United 

16 States if their place of residence is within 

17 normal commuting distance and the job site 

18 is within 50 miles of an international land 

19 border of the United States. 

20 ‘‘(H) WORKSITE TRANSPORTATION FOR

21 CONTRACT WORKERS.—During the period a des22 ignated agricultural employer employs a con23 tract agricultural worker, such employer shall, at 

24 the employer’s option, provide or reimburse the 

25 contract agricultural worker for the cost of daily 


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1 transportation from the contract worker’s living 

2 quarters to the contract agricultural worker’s 

3 place of employment. 

4 ‘‘(I) REIMBURSEMENT OF TRANSPORTATION

5 TO THE PLACE OF EMPLOYMENT.— 

6 ‘‘(i) IN GENERAL.—A nonimmigrant 

7 agricultural worker shall be reimbursed by 

8 the first employer for the cost of the worker’s 

9 transportation and subsistence from the 

10 place from which the worker came from to 

11 the place of first employment. 

12 ‘‘(ii) LIMITATION.—The amount of re13 imbursement provided under clause (i) to a 

14 worker shall not exceed the lesser of— 

15 ‘‘(I) the actual cost to the worker 

16 of the transportation and subsistence 

17 involved; or 

18 ‘‘(II) the most economical and 

19 reasonable common carrier transpor20 tation charges and subsistence costs for 

21 the distance involved. 

22 ‘‘(J) REIMBURSEMENT OF TRANSPORTATION

23 FROM PLACE OF EMPLOYMENT.— 

24 ‘‘(i) IN GENERAL.—A contract agricul25 tural worker who completes at least 27 


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1 months under his or her contract with the 

2 same designated agricultural employer shall 

3 be reimbursed by that employer for the cost 

4 of the worker’s transportation and subsist5 ence from the place of employment to the 

6 place from which the worker came from 

7 abroad to work for the employer. 

8 ‘‘(ii) LIMITATION.—The amount of re9 imbursement required under clause (i) shall 

10 not exceed the lesser of— 

11 ‘‘(I) the actual cost to the worker 

12 of the transportation and subsistence 

13 involved; or 

14 ‘‘(II) the most economical and 

15 reasonable common carrier transpor16 tation charges and subsistence costs for 

17 the distance involved. 

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 not less than the 

23 wage rate for such employment set forth in para24 graph (3). 


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1 ‘‘(B) WORKERS PAID ON A PIECE RATE OR

2 OTHER INCENTIVE BASIS.—If an employer pays 

3 by the piece rate or other incentive method and 

4 requires 1 or more minimum productivity stand5 ards as a condition of job retention, such stand6 ards shall be specified in the job offer and be no 

7 more than those which have been normally re8 quired (at the time of the employee’s first appli9 cation for designated employer status) by other 

10 employers for the activity in the geographic area 

11 of the job, unless the Secretary approves a higher 

12 standard. 

13 ‘‘(2) JOB CATEGORIES.— 

14 ‘‘(A) IN GENERAL.—For purposes of para15 graph (1), each nonimmigrant agricultural 

16 worker employed by such employer shall be as17 signed to 1 of the following standard occupa18 tional classifications, as defined by the Bureau 

19 of Labor Statistics: 

20 ‘‘(i) First-Line Supervisors of Farm21 ing, Fishing, and Forestry Workers (45– 

22 1011). 

23 ‘‘(ii) Animal Breeders (45–2021). 

24 ‘‘(iii) Graders and Sorters, Agricul25 tural Products (45–2041). 


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1 ‘‘(iv) Agricultural equipment operator 

2 (45–2091). 

3 ‘‘(v) Farmworkers and Laborers, Crop, 

4 Nursery, and Greenhouse (45–2092). 

5 ‘‘(vi) Farmworkers, Farm, Ranch and 

6 Aquacultural Animals (45–2093). 

7 ‘‘(B) DETERMINATION OF CLASSIFICA8 TION.—A nonimmigrant agricultural worker is 

9 employed in a standard occupational classifica10 tion described in clause (i), (ii), (iii), (iv), (v), 

11 or (vi) of subparagraph (A) if the worker per12 forms activities associated with that occupa13 tional classification, as specified on the employ14 er’s petition, for at least 75 percent of the time 

15 in a semiannual employment period. 

16 ‘‘(3) DETERMINATION OF WAGE RATE.— 

17 ‘‘(A) CALENDAR YEARS 2014 THROUGH

18 2016.—The wage rate under this subparagraph 

19 for calendar years 2014 through 2016 shall be 

20 the higher of— 

21 ‘‘(i) the applicable Federal, State, or 

22 local minimum wage; or 

23 ‘‘(ii)(I) for the category described in 

24 paragraph (2)(A)(iii)— 


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1 ‘‘(aa) $9.37 for calendar year 

2 2014; 

3 ‘‘(bb) $9.60 for calendar year 

4 2015; and 

5 ‘‘(cc) $9.84 for calendar year 

6 2016; 

7 ‘‘(II) for the category described in 

8 paragraph (2)(A)(iv)— 

9 ‘‘(aa) $11.30 for calendar year 

10 2014; 

11 ‘‘(bb) $11.58 for calendar year 

12 2015; and 

13 ‘‘(cc) $11.87 for calendar year 

14 2016; 

15 ‘‘(III) for the category described in 

16 paragraph (2)(A)(v)— 

17 ‘‘(aa) $9.17 for calendar year 

18 2014; 

19 ‘‘(bb) $9.40 for calendar year 

20 2015; and 

21 ‘‘(cc) $9.64 for calendar year 

22 2016; and 

23 ‘‘(IV) for the category described in 

24 paragraph (2)(A)(vi)— 


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1 ‘‘(aa) $10.82 for calendar year 

2 2014; 

3 ‘‘(bb) $11.09 for calendar year 

4 2015; and 

5 ‘‘(cc) $11.37 for calendar year 

6 2016. 

7 ‘‘(B) SUBSEQUENT YEARS.—The Secretary 

8 shall increase the hourly wage rates set forth in 

9 clauses (i) through (iv) of subparagraph (A), for 

10 each calendar year after the calendar years de11 scribed in subparagraph (A) by an amount equal 

12 to— 

13 ‘‘(i) 1.5 percent, if the percentage in14 crease in the Employment Cost Index for 

15 wages and salaries during the previous cal16 endar year, as calculated by the Bureau of 

17 Labor Statistics, is less than 1.5 percent; 

18 ‘‘(ii) the percentage increase in such 

19 Employment Cost Index, if such percentage 

20 increase is between 1.5 percent and 2.5 per21 cent, inclusive; or 

22 ‘‘(iii) 2.5 percent, if such percentage 

23 increase is greater than 2.5 percent. 

24 ‘‘(C) AGRICULTURAL SUPERVISORS AND

25 ANIMAL BREEDERS.—Not later than September 


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1 1, 2015, and annually thereafter, the Secretary, 

2 in consultation with the Secretary of Labor, 

3 shall establish the required wage for the next cal4 endar year for each of the job categories set out 

5 in clauses (i) and (ii) of paragraph (2)(A). 

6 ‘‘(D) SURVEY BY BUREAU OF LABOR STA7 TISTICS.—Not later than April 15, 2015, the Bu8 reau of Labor Statistics shall consult with the 

9 Secretary to expand the Occupational Employ10 ment Statistics Survey to survey agricultural 

11 producers and contractors and produce improved 

12 wage data by State and the job categories set out 

13 in clauses (i) through (vi) of subparagraph (A). 

14 ‘‘(4) CONSIDERATION.—In determining the wage 

15 rate under paragraph (3)(C), the Secretary may con16 sider appropriate factors, including— 

17 ‘‘(A) whether the employment of additional 

18 alien workers at the required wage will adversely 

19 affect the wages and working conditions of work20 ers in the United States similarly employed; 

21 ‘‘(B) whether the employment in the United 

22 States of an alien admitted under section 

23 101(a)(15)(H)(ii)(a) or unauthorized aliens in 

24 the agricultural workforce has depressed wages of 

25 United States workers engaged in agricultural 


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1 employment below the levels that would otherwise 

2 have prevailed if such aliens had not been em3 ployed in the United States; 

4 ‘‘(C) whether wages of agricultural workers 

5 are sufficient to support such workers and their 

6 families at a level above the poverty thresholds 

7 determined by the Bureau of Census; 

8 ‘‘(D) the wages paid workers in the United 

9 States who are not employed in agricultural em10 ployment but who are employed in comparable 

11 employment; 

12 ‘‘(E) the continued exclusion of employers of 

13 nonimmigrant alien workers in agriculture from 

14 the payment of taxes under chapter 21 of the In15 ternal Revenue Code of 1986 (26 U.S.C. 3101 et 

16 seq.) and chapter 23 of such Code (26 U.S.C. 

17 3301 et seq.); 

18 ‘‘(F) the impact of farm labor costs in the 

19 United States on the movement of agricultural 

20 production to foreign countries; 

21 ‘‘(G) a comparison of the expenses and cost 

22 structure of foreign agricultural producers to the 

23 expenses incurred by agricultural producers 

24 based in the United States; and 


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1 ‘‘(H) the accuracy and reliability of the Oc2 cupational Employment Statistics Survey. 

3 ‘‘(5) ADVERSE EFFECT WAGE RATE.— 

4 ‘‘(A) PROHIBITION OF MODIFICATION.—The 

5 adverse effect wage rates in effect on April 15, 

6 2013, for nonimmigrants admitted under 

7 101(a)(15)(H)(ii)(a)— 

8 ‘‘(i) shall remain in effect until the 

9 date described in section 2233 of the Agri10 cultural Worker Program Act of 2013; and 

11 ‘‘(ii) may not be modified except as 

12 provided in subparagraph (B). 

13 ‘‘(B) EXCEPTION.—Until the Secretary es14 tablishes the wage rates required under para15 graph (3)(C), the adverse effect wage rates in ef16 fect on the date of the enactment of the Agricul17 tural Worker Program Act of 2013 shall be— 

18 ‘‘(i) deemed to be such wage rates; and 

19 ‘‘(ii) after September 1, 2015, adjusted 

20 annually in accordance with paragraph 

21 (3)(B). 

22 ‘‘(C) NONPAYMENT OF FICA AND FUTA

23 TAXES.—An employer employing nonimmigrant 

24 agricultural workers shall not be required to pay 

25 and withhold from such workers— 


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1 ‘‘(i) the tax required under section 

2 3101 of the Internal Revenue Code of 1986; 

3 or 

4 ‘‘(ii) the tax required under section 

5 3301 of the Internal Revenue Code of 1986. 

6 ‘‘(6) PREFERENTIAL TREATMENT OF ALIENS

7 PROHIBITED.— 

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

9 subparagraph (B), employers seeking to hire 

10 United States workers shall offer the United 

11 States workers not less than the same benefits, 

12 wages, and working conditions that the employer 

13 is offering, intends to offer, or will provide to 

14 nonimmigrant agricultural workers. No job offer 

15 may impose on United States workers any re16 strictions or obligations that will not be imposed 

17 on the employer’s nonimmigrant agricultural 

18 workers. 

19 ‘‘(B) EXCEPTION.—Notwithstanding sub20 paragraph (A), a designated agricultural em21 ployer is not required to provide housing or a 

22 housing allowance to United States workers. 

23 ‘‘(g) WORKER PROTECTIONS AND DISPUTE RESOLU24 TION.— 


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1 ‘‘(1) EQUALITY OF TREATMENT.—Nonimmigrant 

2 agricultural workers shall not be denied any right or 

3 remedy under any Federal, State, or local labor or 

4 employment law applicable to United States workers 

5 engaged in agricultural employment. 

6 ‘‘(2) APPLICABILITY OF THE MIGRANT AND SEA7 SONAL AGRICULTURAL WORKER PROTECTION ACT.— 

8 ‘‘(A) MIGRANT AND SEASONAL AGRICUL9 TURAL WORKER PROTECTION ACT.—Non10 immigrant agricultural workers shall be consid11 ered migrant agricultural workers for purposes 

12 of the Migrant and Seasonal Agricultural Work13 er Protection Act (29 U.S.C. 1801 et seq.). 

14 ‘‘(B) ELIGIBILITY OF NONIMMIGRANT AGRI15 CULTURAL WORKERS FOR CERTAIN LEGAL AS16 SISTANCE.—A nonimmigrant agricultural work17 er shall be considered to be lawfully admitted for 

18 permanent residence for purposes of establishing 

19 eligibility for legal services under the Legal Serv20 ices Corporation Act (42 U.S.C. 2996 et seq.) on 

21 matters relating to wages, housing, transpor22 tation, and other employment rights. 

23 ‘‘(C) MEDIATION.— 

24 ‘‘(i) FREE MEDIATION SERVICES.—The 

25 Federal Mediation and Conciliation Service 


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1 shall be available to assist in resolving dis2 putes arising under this section between 

3 nonimmigrant agricultural workers and 

4 designated agricultural employers without 

5 charge to the parties. 

6 ‘‘(ii) COMPLAINT.—If a nonimmigrant 

7 agricultural worker files a complaint under 

8 section 504 of the Migrant and Seasonal 

9 Agricultural Worker Protection Act (29 

10 U.S.C. 1854), not later than 60 days after 

11 the filing of proof of service of the com12 plaint, a party to the action may file a re13 quest with the Federal Mediation and Con14 ciliation Service to assist the parties in 

15 reaching a satisfactory resolution of all 

16 issues involving all parties to the dispute. 

17 ‘‘(iii) NOTICE.—Upon filing a request 

18 under clause (ii) and giving of notice to the 

19 parties, the parties shall attempt mediation 

20 within the period specified in clause (iv). 

21 ‘‘(iv) 90-DAY LIMIT.—The Federal Me22 diation and Conciliation Service may con23 duct mediation or other nonbinding dispute 

24 resolution activities for a period not to ex25 ceed 90 days beginning on the date on 


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1 which the Federal Mediation and Concilia2 tion Service receives a request for assistance 

3 under clause (ii) unless the parties agree to 

4 an extension of such period. 

5 ‘‘(v) AUTHORIZATION OF APPROPRIA6 TIONS.— 

7 ‘‘(I) IN GENERAL.—Subject to 

8 clause (II), there are authorized to be 

9 appropriated to the Federal Mediation 

10 and Conciliation Service $500,000 for 

11 each fiscal year to carry out this sub12 paragraph. 

13 ‘‘(II) MEDIATION.—Notwith14 standing any other provision of law, 

15 the Director of the Federal Mediation 

16 and Conciliation Service is author17 ized— 

18 ‘‘(aa) to conduct the medi19 ation or other dispute resolution 

20 activities from any other account 

21 containing amounts available to 

22 the Director; and 

23 ‘‘(bb) to reimburse such ac24 count with amounts appropriated 

25 pursuant to subclause (I). 


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1 ‘‘(vi) PRIVATE MEDIATION.—If all par2 ties agree, a private mediator may be em3 ployed as an alternative to the Federal Me4 diation and Conciliation Service. 

5 ‘‘(3) OTHER RIGHTS.—Nonimmigrant agricul6 tural workers shall be entitled to the rights granted to 

7 other classes of aliens under sections 242(h) and 

8 245E. 

9 ‘‘(4) WAIVER OF RIGHTS.—Agreements by non10 immigrant agricultural workers to waive or modify 

11 any rights or protections under this section shall be 

12 considered void or contrary to public policy except as 

13 provided in a collective bargaining agreement with a 

14 bona fide labor organization. 

15 ‘‘(h) ENFORCEMENT AUTHORITY.— 

16 ‘‘(1) INVESTIGATION OF COMPLAINTS.— 

17 ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY

18 COMPLAINTS.— 

19 ‘‘(i) PROCESS.—The Secretary of 

20 Labor shall establish a process for the re21 ceipt, investigation, and disposition of com22 plaints respecting a designated agricultural 

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1 representation of material facts in a peti2 tion under subsection (e)(2). 

3 ‘‘(ii) FILING.—Any aggrieved person 

4 or organization, including bargaining rep5 resentatives, may file a complaint referred 

6 to in clause (i) not later than 1 year after 

7 the date of the failure or misrepresentation, 

8 respectively. 

9 ‘‘(iii) INVESTIGATION OR HEARING.— 

10 The Secretary of Labor shall conduct an in11 vestigation if there is reasonable cause to be12 lieve that such failure or misrepresentation 

13 has occurred. 

14 ‘‘(B) DETERMINATION ON COMPLAINT.— 

15 Under such process, the Secretary of Labor shall 

16 provide, not later than 30 days after the date on 

17 which such a complaint is filed, for a determina18 tion as to whether or not a reasonable basis ex19 ists to make a finding described in subparagraph 

20 (C), (D), (E), or (F). If the Secretary of Labor 

21 determines that such a reasonable basis exists, 

22 the Secretary of Labor shall provide for notice of 

23 such determination to the interested parties and 

24 an opportunity for a hearing on the complaint, 

25 in accordance with section 556 of title 5, United 


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1 States Code, within 60 days after the date of the 

2 determination. If such a hearing is requested, the 

3 Secretary of Labor shall make a finding con4 cerning the matter not later than 60 days after 

5 the date of the hearing. In the case of similar 

6 complaints respecting the same applicant, the 

7 Secretary of Labor may consolidate the hearings 

8 under this subparagraph on such complaints. 

9 ‘‘(C) FAILURE TO MEET CONDITIONS.—If 

10 the Secretary of Labor finds, after notice and op11 portunity for a hearing, a failure to meet a con12 dition under subsection (e) or (f), or a material 

13 misrepresentation of fact in a petition under 

14 subsection (e)(2)— 

15 ‘‘(i) the Secretary of Labor shall notify 

16 the Secretary of such finding and may, in 

17 addition, impose such other administrative 

18 remedies (including civil money penalties 

19 in an amount not to exceed $1,000 per vio20 lation) as the Secretary of Labor determines 

21 to be appropriate; and 

22 ‘‘(ii) the Secretary may disqualify the 

23 designated agricultural employer from the 

24 employment of nonimmigrant agricultural 

25 workers for a period of 1 year. 


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1 ‘‘(D) WILLFUL FAILURES AND WILLFUL

2 MISREPRESENTATIONS.—If the Secretary of 

3 Labor finds, after notice and opportunity for 

4 hearing, a willful failure to meet a condition 

5 under subsection (e) or (f) or a willful misrepre6 sentation of a material fact in an registration or 

7 petition under paragraph (1) or (2) of subsection 

8 (e)— 

9 ‘‘(i) the Secretary of Labor shall notify 

10 the Secretary of such finding and may, in 

11 addition, impose such other administrative 

12 remedies (including civil money penalties 

13 in an amount not to exceed $5,000 per vio14 lation) as the Secretary of Labor determines 

15 to be appropriate; 

16 ‘‘(ii) the Secretary of Labor may seek 

17 appropriate legal or equitable relief; and 

18 ‘‘(iii) the Secretary may disqualify the 

19 designated agricultural employer from the 

20 employment of nonimmigrant agricultural 

21 workers for a period of 2 years. 

22 ‘‘(E) DISPLACEMENT OF UNITED STATES

23 WORKERS.—If the Secretary of Labor finds, after 

24 notice and opportunity for hearing, a willful 

25 failure to meet a condition under subsection (e) 


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1 or (f) or a willful misrepresentation of a mate2 rial fact in an registration or petition under 

3 paragraph (1) or (2) of subsection (e), in the 

4 course of which failure or misrepresentation the 

5 employer displaced a United States worker em6 ployed by the employer during the period of em7 ployment on the employer’s petition under sub8 section (e)(2) or during the period of 30 days 

9 preceding such period of employment— 

10 ‘‘(i) the Secretary of Labor shall notify 

11 the Secretary of such finding and may, in 

12 addition, impose such other administrative 

13 remedies (including civil money penalties 

14 in an amount not to exceed $15,000 per vio15 lation) as the Secretary of Labor determines 

16 to be appropriate; and 

17 ‘‘(ii) the Secretary may disqualify the 

18 employer from the employment of non19 immigrant agricultural workers for a pe20 riod of 3 years. 

21 ‘‘(F) FAILURES TO PAY WAGES OR RE22 QUIRED BENEFITS.—If the Secretary of Labor 

23 finds, after notice and opportunity for a hearing, 

24 that the employer has failed to pay the wages, or 

25 provide the housing allowance, transportation, 


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1 subsistence reimbursement, or guarantee of em2 ployment required under subsections (e)(4) and 

3 (f), the Secretary of Labor shall assess payment 

4 of back wages, or other required benefits, due any 

5 United States worker or nonimmigrant agricul6 tural worker employed by the employer in the 

7 specific employment in question. The back wages 

8 or other required benefits required under sub9 sections (e) and (f) shall be equal to the dif10 ference between the amount that should have been 

11 paid and the amount that actually was paid to 

12 such worker. 

13 ‘‘(G) DISPOSITION OF PENALTIES.—Civil 

14 penalties collected under this paragraph shall be 

15 deposited into the Comprehensive Immigration 

16 Reform Trust Fund established under section 

17 6(a)(1) of the Border Security, Economic Oppor18 tunity, and Immigration Modernization Act. 

19 ‘‘(2) LIMITATIONS ON CIVIL MONEY PEN20 ALTIES.—The Secretary of Labor shall not impose 

21 total civil money penalties with respect to a petition 

22 under subsection (e)(2) in excess of $90,000. 

23 ‘‘(3) ELECTION.—A nonimmigrant agricultural 

24 worker who has filed an administrative complaint 

25 with the Secretary of Labor may not maintain a civil 


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1 action unless a complaint based on the same violation 

2 filed with the Secretary of Labor under paragraph (1) 

3 is withdrawn before the filing of such action, in which 

4 case the rights and remedies available under this sub5 section shall be exclusive. 

6 ‘‘(4) PRECLUSIVE EFFECT.—Any settlement by a 

7 nonimmigrant agricultural worker, a designated agri8 cultural employer, or any person reached through the 

9 mediation process required under subsection (g)(2)(C) 

10 shall preclude any right of action arising out of the 

11 same facts between the parties in any Federal or 

12 State court or administrative proceeding, unless spe13 cifically provided otherwise in the settlement agree14 ment. 

15 ‘‘(5) SETTLEMENTS.—Any settlement by the Sec16 retary of Labor with a designated agricultural worker 

17 on behalf of a nonimmigrant agricultural worker of 

18 a complaint filed with the Secretary of Labor under 

19 this section or any finding by the Secretary of Labor 

20 under this subsection shall preclude any right of ac21 tion arising out of the same facts between the parties 

22 under any Federal or State court or administrative 

23 proceeding, unless specifically provided otherwise in 

24 the settlement agreement. 


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1 ‘‘(6) STATUTORY CONSTRUCTION.—Nothing in 

2 this subsection may be construed as limiting the au3 thority of the Secretary of Labor to conduct any com4 pliance investigation under any other labor law, in5 cluding any law affecting migrant and seasonal agri6 cultural workers, or, in the absence of a complaint 

7 under this section. 

8 ‘‘(7) DISCRIMINATION PROHIBITED.—It is a vio9 lation of this subsection for any person who has filed 

10 a petition under subsection (e) or (f) to intimidate, 

11 threaten, restrain, coerce, blacklist, discharge, or in 

12 any other manner discriminate against an employee, 

13 including a former employee or an applicant for em14 ployment, because the employee— 

15 ‘‘(A) has disclosed information to the em16 ployer, or to any other person, that the employee 

17 reasonably believes evidences a violation of sub18 section (e) or (f), or any rule or regulation relat19 ing to subsection (e) or (f); or 

20 ‘‘(B) cooperates or seeks to cooperate in an 

21 investigation or other proceeding concerning the 

22 employer’s compliance with the requirements 

23 under subsection (e) or (f) or any rule or regula24 tion pertaining to subsection (e) or (f). 

25 ‘‘(8) ROLE OF ASSOCIATIONS.— 


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1 ‘‘(A) VIOLATION BY A MEMBER OF AN ASSO2 CIATION.— 

3 ‘‘(i) IN GENERAL.—If an association 

4 acting as the agent of an employer files an 

5 application on behalf of such employer, the 

6 employer is fully responsible for such appli7 cation, and for complying with the terms 

8 and conditions of subsection (e). If such an 

9 employer is determined to have violated any 

10 requirement described in this subsection, the 

11 penalty for such violation shall apply only 

12 to that employer except as provided in 

13 clause (ii). 

14 ‘‘(ii) COLLECTIVE RESPONSIBILITY.—If 

15 the Secretary of Labor determines that the 

16 association or other members of the associa17 tion participated in, had knowledge of, or 

18 reason to know of a violation described in 

19 clause (i), the penalty shall also be invoked 

20 against the association and complicit asso21 ciation members. 

22 ‘‘(B) VIOLATIONS BY AN ASSOCIATION ACT23 ING AS AN EMPLOYER.— 

24 ‘‘(i) IN GENERAL.—If an association 

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1 ployer is determined to have violated any 

2 requirement described in this section, the 

3 penalty for such violation shall apply only 

4 to the association except as provided in 

5 clause (ii). 

6 ‘‘(ii) MEMBER RESPONSIBILITY.—If 

7 the Secretary of Labor determines that 1 or 

8 more association members participated in, 

9 had knowledge of, or reason to know of the 

10 violation described in clause (i), the penalty 

11 shall be invoked against all complicit asso12 ciation members. 

13 ‘‘(i) SPECIAL NONIMMIGRANT VISA PROCESSING AND

14 WAGE DETERMINATION PROCEDURES FOR CERTAIN AGRI15 CULTURAL OCCUPATIONS.— 

16 ‘‘(1) FINDING.—Certain industries possess 

17 unique occupational characteristics that necessitate 

18 the Secretary of Agriculture to adopt special proce19 dures relating to housing, pay, and visa program ap20 plication requirements for those industries. 

21 ‘‘(2) SPECIAL PROCEDURES INDUSTRY DE22 FINED.—In this subsection, the term ‘Special Proce23 dures Industry’ means— 

24 ‘‘(A) sheepherding and goat herding; 


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1 ‘‘(B) itinerant commercial beekeeping and 

2 pollination; 

3 ‘‘(C) open range production of livestock; 

4 ‘‘(D) itinerant animal shearing; and 

5 ‘‘(E) custom combining industries. 

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 its registra10 tion or petition under the Program, a list of antici11 pated 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 establish 

17 monthly, weekly, or biweekly wage rates for occupa18 tions in a Special Procedures Industry for a State or 

19 other geographic area. For an employer in those Spe20 cial Procedures Industries that typically pay a 

21 monthly wage, the Secretary shall require that work22 ers will be paid not less frequently than monthly and 

23 at a rate no less than the legally required monthly 

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1 tunity, and Immigration Modernization Act and in 

2 an amount as re-determined annually by the Sec3 retary of Agriculture through rulemaking. 

4 ‘‘(5) HOUSING.—The Secretary shall allow for 

5 the provision of housing or a housing allowance by 

6 employers in Special Procedures Industries and allow 

7 housing suitable for workers employed in remote loca8 tions. 

9 ‘‘(6) ALLERGY LIMITATION.—An employer en10 gaged in the commercial beekeeping or pollination 

11 services industry may require that an applicant be 

12 free from bee pollen, venom, or other bee-related aller13 gies. 

14 ‘‘(7) APPLICATION.—An individual employer in 

15 a Special Procedures Industry may file a program 

16 petition on its own behalf or in conjunction with an 

17 association of employers. The employer’s petition may 

18 be part of several related petitions submitted simulta19 neously that constitute a master petition. 

20 ‘‘(8) RULEMAKING.—The Secretary or, as appro21 priate, the Secretary of Homeland Security or the 

22 Secretary of Labor, after consultation with employers 

23 and employee representatives, shall publish for notice 

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1 ing, pay, and application procedures for Special Pro2 cedures Industries. 

3 ‘‘(j) MISCELLANEOUS PROVISIONS.— 

4 ‘‘(1) DISQUALIFICATION OF NONIMMIGRANT AGRI5 CULTURAL WORKERS FROM FINANCIAL ASSISTANCE.— 

6 An alien admitted as a nonimmigrant agricultural 

7 worker is not eligible for any program of financial as8 sistance under Federal law (whether through grant, 

9 loan, guarantee, or otherwise) on the basis of finan10 cial need, as such programs are identified by the Sec11 retary in consultation with other agencies of the 

12 United States. 

13 ‘‘(2) MONITORING REQUIREMENT.— 

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

15 monitor the movement of nonimmigrant agricul16 tural workers through— 

17 ‘‘(i) the Employment Verification Sys18 tem described in section 274A(b); and 

19 ‘‘(ii) the electronic monitoring system 

20 established pursuant to subparagraph (B). 

21 ‘‘(B) ELECTRONIC MONITORING SYSTEM.— 

22 Not later than 2 years after the effective date of 

23 this section, the Secretary of Homeland Security, 

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1 migration Services, shall establish an electronic 

2 monitoring system, which shall— 

3 ‘‘(i) be modeled on the Student and 

4 Exchange Visitor Information System 

5 (SEVIS) and the SEVIS II tracking system 

6 administered by U.S. Immigration and 

7 Customs Enforcement; 

8 ‘‘(ii) monitor the presence and employ9 ment of nonimmigrant agricultural work10 ers; and 

11 ‘‘(iii) assist in ensuring the compliance 

12 of designated agricultural employers and 

13 nonimmigrant agricultural workers with 

14 the requirements of the Program.’’. 

15 (b) RULEMAKING.—The Secretary of Agriculture shall 

16 issue regulations to carry out section 218A of the Immigra17 tion and Nationality Act, as added by subsection (a), not 

18 later than 1 year after the date of the enactment of this 

19 Act. 

20 (c) CLERICAL AMENDMENT.—The table of contents is 

21 amended by inserting after the item relating to section 218 

22 the following: 

‘‘Sec. 218A. Nonimmigrant agricultural worker program.’’. 

23 (d) EFFECTIVE DATE.—The amendments made by this 

24 section shall take effect on October 1, 2014. 


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1 SEC. 2233. TRANSITION OF H-2A WORKER PROGRAM. 

2 (a) SUNSET OF PROGRAM.— 

3 (1) IN GENERAL.—Except as provided in para4 graph (2), an employer may not petition to employ 

5 an alien pursuant to section 101(a)(15)(H)(ii)(a) of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1101(a)(15)(H)(ii)(a)) after the date that is 1 year 

8 after the date on which the regulations issued pursu9 ant to section 2241(b) become effective. 

10 (2) EXCEPTION.—An employer may employ an 

11 alien described in paragraph (1) for the shorter of— 

12 (A) 10 months; or 

13 (B) the time specified in the position. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) REPEAL OF H-2A NONIMMIGRANT CAT16 EGORY.—Section 101(a)(15)(H)(ii) (8 U.S.C. 

17 1101(a)(15)(H)(ii)) is amended by striking subclause 

18 (a). 

19 (2) REPEAL OF ADMISSION REQUIREMENTS FOR

20 H-2A WORKER.—Section 218 (8 U.S.C. 1188) is re21 pealed. 

22 (3) CONFORMING AMENDMENTS.— 

23 (A) AMENDMENT OF PETITION REQUIRE24 MENTS.—Section 214(c)(1) (8 U.S.C. 1184(c)(1)) 

25 is amended by striking ‘‘For purposes of this 

26 subsection’’ and all that follows. 


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1 (B) CLERICAL AMENDMENT.—The table of 

2 contents is amended by striking the item relating 

3 to section 218. 

4 (4) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall take effect on the date that is 

6 1 year after the effective date of the regulations issued 

7 pursuant to section 2241(b). 

8 SEC. 2234. REPORTS TO CONGRESS ON NONIMMIGRANT AG9 RICULTURAL WORKERS. 

10 (a) ANNUAL REPORT BY SECRETARY OF AGRI11 CULTURE.—Not later than September 30 of each year, the 

12 Secretary of Agriculture shall submit a report to Congress 

13 that identifies, for the previous year, the number, 

14 disaggregated by State and by occupation, of— 

15 (1) job opportunities approved for employment of 

16 aliens admitted pursuant to clause (iii) or clause (iv) 

17 of section 101(a)(15)(W) of the Immigration and Na18 tionality Act, as added by section 2231; and 

19 (2) aliens actually admitted pursuant to each 

20 such clause. 

21 (b) ANNUAL REPORT BY SECRETARY OF HOMELAND

22 SECURITY.—Not later than September 30 of each year, the 

23 Secretary shall submit a report to Congress that identifies, 

24 for the previous year, the number of aliens described in sub25 section (a)(2) who— 


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1 (1) violated the terms of the nonimmigrant agri2 cultural worker program established under section 

3 218A(b) of the Immigration and Nationality Act, as 

4 added by section 2232; and 

5 (2) have not departed from the United States. 

6 CHAPTER 3—OTHER PROVISIONS 

7 SEC. 2241. RULEMAKING. 

8 (a) CONSULTATION REQUIREMENT.—In the course of 

9 promulgating any regulation necessary to implement this 

10 subtitle, or the amendments made by this subtitle, the Sec11 retary, the Secretary of Agriculture, the Secretary of Labor, 

12 and the Secretary of State shall regularly consult with each 

13 other. 

14 (b) DEADLINE FOR ISSUANCE OF REGULATIONS.—Ex15 cept as provided in section 2232(b), all regulations to im16 plement this subtitle and the amendments made by this sub17 title shall be issued not later than 6 months after the date 

18 of the enactment of this Act. 

19 SEC. 2242. REPORTS TO CONGRESS. 

20 Not later than 180 days after the date of the enactment 

21 of this Act, the Secretary and the Secretary of Agriculture 

22 shall jointly submit a report to Congress that describes the 

23 measures being taken and the progress made in imple24 menting this subtitle and the amendments made by this 

25 subtitle. 


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1 SEC. 2243. BENEFITS INTEGRITY PROGRAMS. 

2 (a) IN GENERAL.—Without regard to whether personal 

3 interviews are conducted in the adjudication of benefits pro4 vided for by section 210A, 218A, 245B, 245C, 245D, 245E, 

5 or 245F of the Immigration and Nationality Act, or in seek6 ing a benefit under section 101(a)(15)(U) of the Immigra7 tion and Nationality Act, section 1242 of the Refugee Crisis 

8 in Iraq Act of 2007 (8 U.S.C. 1157 note), section 602(b) 

9 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 

10 note), or section 2211 of this Act, the Secretary shall uphold 

11 and maintain the integrity of those benefits by carrying 

12 out for each of them, within the Fraud Detection and Na13 tional Security Directorate of U.S. Citizenship and Immi14 gration Services, programs as follows: 

15 (1) A benefit fraud assessment program to quan16 tify fraud rates, detect ongoing fraud trends, and de17 velop appropriate countermeasures, including through 

18 a random sample of both pending and completed 

19 cases. 

20 (2) A compliance review program, including site 

21 visits, to identify frauds and deter fraudulent and il22 legal activities. 

23 (b) REPORTS.— 

24 (1) IN GENERAL.—Not later than 90 days after 

25 the date of the enactment of this Act, U.S. Citizenship 

26 and Immigration Services shall annually submit to 


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1 Congress a report on the programs carried out pursu2 ant to subsection (a). 

3 (2) ELEMENTS IN FIRST REPORT.—The initial 

4 report submitted under paragraph (1) shall include 

5 the methodologies to be used by the Fraud Detection 

6 and National Security Directorate for each of the pro7 grams specified in paragraphs (1) and (2) of sub8 section (a). 

9 (3) ELEMENTS IN SUBSEQUENT REPORTS.—Each 

10 subsequent report under paragraph (1) shall include, 

11 for the calendar year covered by such report, a de12 scriptions of examples of fraud detected, fraud rates 

13 for programs and types of applicants, and a descrip14 tion of the disposition of the cases in which fraud was 

15 detected or suspected. 

16 (c) USE OF FINDINGS OF FRAUD.—Any instance of 

17 fraud or abuse detected pursuant to a program carried out 

18 pursuant to subsection (a) may be used to deny or revoke 

19 benefits, and may also be referred to U.S. Immigration and 

20 Customs Enforcement for investigation of criminal viola21 tions of section 266 of the Immigration and Nationality 

22 Act (8 U.S.C. 1306). 

23 (d) FUNDING.—There are authorized to be appro24 priated, from the Comprehensive Immigration Reform 


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

2 may be necessary to carry out this section. 

3 SEC. 2244. EFFECTIVE DATE. 

4 This subtitle and the amendments made by this sub5 title, except for sections 2231, 2232, and 2233, shall take 

6 effect on the date on which the regulations required under 

7 section 2241 are issued, regardless of whether such regula8 tions are issued on an interim basis or on any other basis. 

9 Subtitle C—Future Immigration 

10 SEC. 2301. MERIT-BASED POINTS TRACK ONE. 

11 (a) IN GENERAL.— 

12 (1) WORLDWIDE LEVEL OF MERIT-BASED IMMI13 GRANTS.—Section 201(e) (8 U.S.C. 1151(e)) is 

14 amended to read as follows: 

15 ‘‘(e) WORLDWIDE LEVEL OF MERIT-BASED IMMI16 GRANTS.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) NUMERICAL LIMITATION.—Subject to 

19 paragraphs (2), (3), and (4), the worldwide level 

20 of merit-based immigrants is equal to 120,000 

21 for each fiscal year. 

22 ‘‘(B) STATUS.—An alien admitted on the 

23 basis of a merit-based immigrant visa under this 

24 section shall have the status of an alien lawfully 

25 admitted for permanent residence. 


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1 ‘‘(2) ANNUAL INCREASE.— 

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B) and paragraph (3), if in any fiscal 

4 year the worldwide level of visas available for 

5 merit-based immigrants under this section— 

6 ‘‘(i) is less than 75 percent of the num7 ber of applicants for such fiscal year, the 

8 worldwide level shall increase by 5 percent 

9 for the next fiscal year; and 

10 ‘‘(ii) is equal to or more than 75 per11 cent of such number, the worldwide level for 

12 the next fiscal year shall be the same as the 

13 worldwide level for such fiscal year, minus 

14 any amount added to the worldwide level 

15 for such fiscal year under paragraph (4). 

16 ‘‘(B) LIMITATION ON INCREASE.—The 

17 worldwide level of visas available for merit-based 

18 immigrants shall not exceed 250,000. 

19 ‘‘(3) EMPLOYMENT CONSIDERATION.—The world20 wide level of visas available for merit-based immi21 grants may not be increased for a fiscal year under 

22 paragraph (2) if the annual average unemployment 

23 rate for the civilian labor force 18 years or over in 

24 the United States, as determined by the Bureau of 


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1 Labor Statistics, for such previous fiscal year is more 

than 81 2 ⁄2 percent. 

3 ‘‘(4) RECAPTURE OF UNUSED VISAS.—The world4 wide level of merit-based immigrants described in 

5 paragraph (1) for a fiscal year shall be increased by 

6 the difference (if any) between the worldwide level es7 tablished under paragraph (1) for the previous fiscal 

8 year and the number of visas actually issued under 

9 this subsection during that fiscal year. Such visas 

10 shall be allocated for the following year pursuant to 

11 section 203(c)(3).’’. 

12 (2) MERIT-BASED IMMIGRANTS.—Section 203 (8 

13 U.S.C. 1153) is amended by inserting after subsection 

14 (b) the following: 

15 ‘‘(c) MERIT-BASED IMMIGRANTS.— 

16 ‘‘(1) FISCAL YEARS 1 THROUGH 4.—For the first 

17 4 fiscal years beginning after the date of enactment 

18 of the Border Security, Economic Opportunity, and 

19 Immigration Modernization Act, the worldwide level 

20 of merit-based immigrant visas made available under 

21 section 201(e)(1) shall be available for aliens de22 scribed in section 203(b)(3) and in addition to any 

23 visas available for such aliens under such section. 

24 ‘‘(2) SUBSEQUENT FISCAL YEARS.—Beginning 

25 with the fifth fiscal year beginning after the date of 


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1 the enactment of the Border Security, Economic Op2 portunity, and Immigration Modernization Act, 

3 aliens subject to the worldwide level specified in sec4 tion 201(e) for merit-based immigrants shall be allo5 cated as follows: 

6 ‘‘(A) 50 percent shall be available to appli7 cants with the highest number of points allocated 

8 under tier 1 in paragraph (4). 

9 ‘‘(B) 50 percent shall be available to appli10 cants with the highest number of points allocated 

11 under tier 2 in paragraph (5). 

12 ‘‘(3) UNUSED VISAS.—If the total number of 

13 visas allocated to tier 1 or tier 2 for a fiscal year are 

14 not granted during that fiscal year, such number may 

15 be added to the number of visas available under sec16 tion 201(e)(1) for the following fiscal year and allo17 cated as follows: 

18 ‘‘(A) If the unused visas were allocated for 

tier 1 in a fiscal year, 2 19 ⁄3 of such visas shall be 

20 available for aliens allocated visas under tier 1 

in the following fiscal year and 1 21 ⁄3 of such visas 

22 shall be available for aliens allocated visas under 

23 either tier 1 or tier 2 in the following fiscal year. 

24 ‘‘(B) If the unused visas were allocated for 

tier 2 in a fiscal year, 2 25 ⁄3 of such visas shall be 


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1 available for aliens allocated visas under tier 2 

in the following fiscal year and 1 2 ⁄3 of such visas 

3 shall be available for aliens allocated visas under 

4 either tier 1 or tier 2 in the following fiscal year. 

5 ‘‘(4) TIER 1.—The Secretary shall allocate points 

6 to each alien seeking to be a tier 1 merit-based immi7 grant as follows: 

8 ‘‘(A) EDUCATION.— 

9 ‘‘(i) IN GENERAL.—An alien may re10 ceive points under only 1 of the following 

11 categories: 

12 ‘‘(I) An alien who has received a 

13 doctorate degree from an institution of 

14 higher education in the United States 

15 or the foreign equivalent shall be allo16 cated 15 points. 

17 ‘‘(II) An alien who has received a 

18 master’s degree from an institution of 

19 higher education in the United States 

20 or the foreign equivalent shall be allo21 cated 10 points. 

22 ‘‘(ii) An alien who has received a bach23 elor’s degree from an institution of higher 

24 education (as defined in section 101(a) of 


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1 the Higher Education Act of 1965 (20 

2 U.S.C. 1001(a)) shall be allocated 5 points. 

3 ‘‘(B) EMPLOYMENT EXPERIENCE.—An alien 

4 shall be allocated not more than 20 points as fol5 lows: 

6 ‘‘(i) 3 points for each year the alien 

7 has been lawfully employed in a zone 5 oc8 cupation in the United States. 

9 ‘‘(ii) 2 points for each year the alien 

10 has been lawfully employed in a zone 4 oc11 cupation in the United States. 

12 ‘‘(C) EMPLOYMENT RELATED TO EDU13 CATION.—An alien who is in the United States 

14 and is employed full-time or has an offer of full15 time employment in a field related to the alien’s 

16 education— 

17 ‘‘(i) in a zone 5 occupation shall be al18 located 10 points; or 

19 ‘‘(ii) in a zone 4 occupation shall be 

20 allocated 8 points. 

21 ‘‘(D) ENTREPRENEURSHIP.—An alien who 

22 is an entrepreneur in business that employs at 

23 least 2 employees in a zone 4 occupation or a 

24 zone 5 occupation shall be allocated 10 points. 


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1 ‘‘(E) HIGH DEMAND OCCUPATION.—An 

2 alien who is employed full-time in the United 

3 States or has an offer of full-time employment in 

4 a high demand tier 1 occupation shall be allo5 cated 10 points. 

6 ‘‘(F) CIVIC INVOLVEMENT.—An alien who 

7 has attested that he or she has engaged in a sig8 nificant amount of community service, as deter9 mined by the Secretary, shall be allocated 2 

10 points. 

11 ‘‘(G) ENGLISH LANGUAGE.—An alien who 

12 received a score of 80 or more on the Test of 

13 English as a Foreign Language, or an equivalent 

14 score on a similar test, as determined by the Sec15 retary, shall be allocated 10 points. 

16 ‘‘(H) SIBLINGS AND MARRIED SONS AND

17 DAUGHTERS OF CITIZENS.—An alien who is the 

18 sibling of a citizen of the United States or who 

19 is over 31 years of age and is the married son 

20 or married daughter of a citizen of the United 

21 States shall be allocated 10 points. 

22 ‘‘(I) AGE.—An alien who is— 

23 ‘‘(i) between 18 and 24 years of age 

24 shall be allocated 8 points; 


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1 ‘‘(ii) between 25 and 32 years of age 

2 shall be allocated 6 points; or 

3 ‘‘(iii) between 33 and 37 years of age 

4 shall be allocated 4 points. 

5 ‘‘(J) COUNTRY OF ORIGIN.—An alien who is 

6 a national of a country of which fewer than 

7 50,000 nationals were lawfully admitted to per8 manent residence in the United States in the 

9 previous 5 years shall be allocated 5 points. 

10 ‘‘(5) TIER 2.—The Secretary shall allocate points 

11 to each alien seeking to be a tier 2 merit-based immi12 grant as follows: 

13 ‘‘(A) EMPLOYMENT EXPERIENCE.—An alien 

14 shall be allocated 2 points for each year the alien 

15 has been lawfully employed in the United States, 

16 for a total of not more than 20 points. 

17 ‘‘(B) SPECIAL EMPLOYMENT CRITERIA.—An 

18 alien who is employed full-time in the United 

19 States, or has an offer of full-time employment— 

20 ‘‘(i) in a high demand tier 2 occupa21 tion shall be allocated 10 points; or 

22 ‘‘(ii) in a zone 1, zone 2, or zone 3 oc23 cupation shall be allocated 10 points. 


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1 ‘‘(C) CAREGIVER.—An alien who is or has 

2 been a primary caregiver shall be allocated 10 

3 points. 

4 ‘‘(D) EXCEPTIONAL EMPLOYMENT

5 RECORD.—An alien who has a record of excep6 tional employment, as determined by the Sec7 retary, shall be allocated 10 points. In deter8 mining a record of exceptional employment, the 

9 Secretary shall consider factors including pro10 motions, longevity, changes in occupations from 

11 a lower job zone to a higher job zone, partici12 pated in safety training, and increases in pay. 

13 ‘‘(E) CIVIC INVOLVEMENT.—An alien who 

14 has demonstrated significant civic involvement 

15 shall be allocated 2 points. 

16 ‘‘(F) ENGLISH LANGUAGE.— 

17 ‘‘(i) ENGLISH PROFICIENCY.—An alien 

18 who has demonstrated English proficiency, 

19 as determined by a standardized test des20 ignated by the Secretary of Education, shall 

21 be allocated 10 points. 

22 ‘‘(ii) ENGLISH KNOWLEDGE.—An alien 

23 who has demonstrated English knowledge, 

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1 ignated by the Secretary of Education, shall 

2 be allocated 5 points. 

3 ‘‘(G) SIBLINGS AND MARRIED SONS AND

4 DAUGHTERS OF CITIZENS.—An alien who is the 

5 sibling of a citizen of the United States or is 

6 over the age of 31 and is the married son or 

7 married daughter of a citizen of the United 

8 States shall be allocated 10 points. 

9 ‘‘(H) AGE.—An alien who is— 

10 ‘‘(i) between 18 and 24 years of age 

11 shall be allocated 8 points; 

12 ‘‘(ii) between 25 and 32 years of age 

13 shall be allocated 6 points; or 

14 ‘‘(iii) between 33 and 37 years of age 

15 shall be allocated 4 points. 

16 ‘‘(I) COUNTRY OF ORIGIN.—An alien who is 

17 a national of a country of which fewer than 

18 50,000 nationals were lawfully admitted to per19 manent residence in the United States in the 

20 previous 5 years shall be allocated 5 points. 

21 ‘‘(6) FEE.—An alien who is allocated a visa 

22 under this subsection shall pay a fee of $1,500 in ad23 dition to any fee assessed to cover the costs to process 

24 an application under this subsection. Fees collected 

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1 retary into the Comprehensive Immigration Reform 

2 Trust Fund established under section 6(a)(1) of the 

3 Border Security, Economic Opportunity, and Immi4 gration Modernization Act. 

5 ‘‘(7) ELIGIBILITY OF ALIENS IN REGISTERED

6 PROVISIONAL IMMIGRANT STATUS.—An alien who was 

7 granted registered provisional immigrant status 

8 under section 245B is not eligible to receive a merit9 based immigrant visa under section 201(e). 

10 ‘‘(8) INELIGIBILITY OF ALIENS WITH PENDING

11 OR APPROVED PETITIONS.—An alien who has a peti12 tion pending or approved in another immigrant cat13 egory under this section or section 201 may not apply 

14 for a merit-based immigrant visa. 

15 ‘‘(9) DEFINITIONS.—In this subsection: 

16 ‘‘(A) HIGH DEMAND TIER 1 OCCUPATION.— 

17 The term ‘high demand tier 1 occupation’ means 

18 1 of the 5 occupations for which the highest num19 ber of nonimmigrants described in section 

20 101(a)(15)(H)(i) were sought to be admitted by 

21 employers during the previous fiscal year. 

22 ‘‘(B) HIGH DEMAND TIER 2 OCCUPATION.— 

23 The term ‘high demand tier 2 occupation’ means 

24 1 of the 5 occupations for which the highest num25 ber of positions were sought to become registered 


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1 positions by employers under section 220(e) dur2 ing the previous fiscal year. 

3 ‘‘(C) SECRETARY.—The term ‘Secretary’ 

4 means the Secretary of Homeland Security. 

5 ‘‘(D) ZONE 1 OCCUPATION.—The term ‘zone 

6 1 occupation’ means an occupation that requires 

7 little or no preparation and is classified as a 

8 zone 1 occupation on— 

9 ‘‘(i) the Occupational Information Net10 work Database (O*NET) on the date of the 

11 enactment of the Border Security, Economic 

12 Opportunity, and Immigration Moderniza13 tion Act; or 

14 ‘‘(ii) such Database or a similar suc15 cessor database, as designated by the Sec16 retary of Labor, after such date of enact17 ment. 

18 ‘‘(E) ZONE 2 OCCUPATION.—The term ‘zone 

19 2 occupation’ means an occupation that requires 

20 some preparation and is classified as a zone 2 

21 occupation on— 

22 ‘‘(i) the Occupational Information Net23 work Database (O*NET) on the date of the 

24 enactment of the Border Security, Economic 


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1 Opportunity, and Immigration Moderniza2 tion Act; or 

3 ‘‘(ii) such Database or a similar suc4 cessor database, as designated by the Sec5 retary of Labor, after such date of enact6 ment. 

7 ‘‘(F) ZONE 3 OCCUPATION.—The term ‘zone 

8 3 occupation’ means an occupation that requires 

9 medium preparation and is classified as a zone 

10 3 occupation on— 

11 ‘‘(i) the Occupational Information Net12 work Database (O*NET) on the date of the 

13 enactment of the Border Security, Economic 

14 Opportunity, and Immigration Moderniza15 tion Act; or 

16 ‘‘(ii) such Database or a similar suc17 cessor database, as designated by the Sec18 retary of Labor, after such date of enact19 ment. 

20 ‘‘(G) ZONE 4 OCCUPATION.—The term ‘zone 

21 4 occupation’ means an occupation that requires 

22 considerable preparation and is classified as a 

23 zone 4 occupation on— 

24 ‘‘(i) the Occupational Information Net25 work Database (O*NET) on the date of the 


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1 enactment of theBorder Security, Economic 

2 Opportunity, and Immigration Moderniza3 tion Act; or 

4 ‘‘(ii) such Database or a similar suc5 cessor database, as designated by the Sec6 retary of Labor, after such date of enact7 ment. 

8 ‘‘(H) ZONE 5 OCCUPATION.—The term ‘zone 

9 5 occupation’ means an occupation that requires 

10 extensive preparation and is classified as a zone 

11 5 occupation on— 

12 ‘‘(i) the Occupational Information Net13 work Database (O*NET) on the date of the 

14 enactment of the Border Security, Economic 

15 Opportunity, and Immigration Moderniza16 tion Act; or 

17 ‘‘(ii) such Database or a similar suc18 cessor database, as designated by the Sec19 retary of Labor, after such date of enact20 ment.’’. 

21 (3) GAO STUDY AND REPORT.— 

22 (A) STUDY.—The Comptroller General of 

23 the United States shall conduct a study of the 

24 merit-based immigration system established 

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1 tionality Act, as amended by paragraph (2), to 

2 determine, during the first 7 years of such sys3 tem— 

4 (i) how the points described in para5 graphs (4)(H), (4)(J), (5)(G), and (5)(I) of 

6 section 203(c) of such Act were utilized; 

7 (ii) how many of the points allocated 

8 to people lawfully admitted for permanent 

9 residence were allocated under such para10 graphs; 

11 (iii) how many people who were allo12 cated points under such paragraphs were 

13 not lawfully admitted to permanent resi14 dence; 

15 (iv) the countries of origin of the peo16 ple who applied for a merit-based visa 

17 under section 203(c) of such Act; 

18 (v) the number of such visas issued 

19 under tier 1 and tier 2 to males and fe20 males, respectively; 

21 (vi) the age of individuals who were 

22 issued such visas; and 

23 (vii) the educational attainment and 

24 occupation of people who were issued such 

25 visas. 


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1 (B) REPORT.—Not later than 7 years after 

2 the date of the enactment of this Act, the Comp3 troller General shall submit a report to Congress 

4 that describes the results of the study conducted 

5 pursuant to subparagraph (A). 

6 (b) MODIFICATION OF POINTS.—The Secretary may 

7 submit to Congress a proposal to modify the number of 

8 points allocated under subsection (c) of section 203 of the 

9 Immigration and Nationality Act (8 U.S.C. 1153), as 

10 amended by subsection (a). 

11 (c) EFFECTIVE DATE.—The amendments made by this 

12 section shall take effect on the first day of the first fiscal 

13 year beginning after the date of the enactment of this Act. 

14 SEC. 2302. MERIT-BASED TRACK TWO. 

15 (a) IN GENERAL.—In addition to any immigrant visa 

16 made available under the Immigration and Nationality Act 

17 (8 U.S.C. 1101 et seq.), as amended by this Act, the Sec18 retary of State shall allocate merit-based immigrant visas 

19 as described in this section. 

20 (b) STATUS.—An alien admitted on the basis of a 

21 merit-based immigrant visa under this section shall have 

22 the status of an alien lawfully admitted for permanent resi23 dence (as that term is defined in section 101(a)(20) of the 

24 Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). 


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1 (c) ELIGIBILITY.—Beginning on October 1, 2014, the 

2 following aliens shall be eligible for merit-based immigrant 

3 visas under this section: 

4 (1) EMPLOYMENT-BASED IMMIGRANTS.—An 

5 alien who is the beneficiary of a petition filed before 

6 the date of the enactment of this Act to accord status 

7 under section 203(b) of the Immigration and Nation8 ality Act, if the visa has not been issued within 5 

9 years after the date on which such petition was filed. 

10 (2) FAMILY-SPONSORED IMMIGRANTS.—Subject 

11 to subsection (d), an alien who is the beneficiary of 

12 a petition filed to accord status under section 203(a) 

13 of the Immigration and Nationality Act— 

14 (A) prior to the date of the enactment of 

15 this Act, if the visa was not issued within 5 

16 years after the date on which such petition was 

17 filed; or 

18 (B) after such date of enactment, to accord 

19 status under paragraph (3) or (4) of section 

20 203(a) of the Immigration and Nationality Act 

21 (8 U.S.C. 1153(a)), as in effect the minute before 

22 the effective date specified in section 2307(a)(3) 

23 of this Act, and the visa was not issued within 

24 5 years after the date on which petition was 

25 filed. 


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1 (3) LONG-TERM ALIEN WORKERS AND OTHER

2 MERIT-BASED IMMIGRANTS.—An alien who— 

3 (A) is not admitted pursuant to subpara4 graph (W) of section 101(a)(15) of the Immigra5 tion and Nationality Act (8 U.S.C. 1101(a)(15)); 

6 and 

7 (B) has been lawfully present in the United 

8 States in a status that allows for employment 

9 authorization for a continuous period, not count10 ing brief, casual, and innocent absences, of not 

11 less than 10 years. 

12 (d) ALLOCATION OF EMPLOYMENT-SPONSORED MERIT13 BASED IMMIGRANT VISAS.—In each of the fiscal years 2015 

14 through and including 2021, the Secretary of State shall 

15 allocate to aliens described in subsection (c)(1) a number 

of merit-based immigrant visas equal to 1 16 ⁄7 of the number 

17 of aliens described in subsection (c)(1) whose visas had not 

18 been issued as of the date of the enactment of this Act. 

19 (e) ALLOCATION OF FAMILY-SPONSORED MERIT-BASED

20 IMMIGRANT VISAS.—The visas authorized by subsection 

21 (c)(2) shall be allocated as follows: 

22 (1) SPOUSES AND CHILDREN OF PERMANENT

23 RESIDENTS.—Petitions to accord status under section 

24 203(a)(2)(A) of the Immigration and Nationality Act 

25 (8 U.S.C. 1153(a)(2)(A)), as in effect the minute beVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01162 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 fore the effective date specified in section 2307(a)(3) 

2 of this Act, are automatically converted to petitions 

3 to accord status to the same beneficiaries as imme4 diate relatives under section 201(b)(2)(A) of the Im5 migration and Nationality Act (8 U.S.C. 

6 1151(b)(2)(A)). 

7 (2) OTHER FAMILY MEMBERS.—In each of the 

8 fiscal years 2015 through and including 2021, the 

9 Secretary of State shall allocate to the aliens de10 scribed in subsection (c)(2)(A), other than those aliens 

11 described in paragraph (1), a number of transitional 

merit-based immigrant visas equal to 1 12 ⁄7 of the dif13 ference between— 

14 (A) the number of aliens described in sub15 section (c)(2)(A) whose visas had not been issued 

16 as of the date of the enactment of this Act; and 

17 (B) the number of aliens described in para18 graph (1). 

19 (3) ORDER OF ISSUANCE FOR PREVIOUSLY FILED

20 APPLICATIONS.—Subject to paragraphs (1) and (2), 

21 the visas authorized by subsection (c)(2)(A) shall be 

22 issued without regard to a per country limitation in 

23 the order described in section 203(a) of the Immigra24 tion and Nationality Act (8 U.S.C. 1153(a)), as 

25 amended by section 2305(b), in the order in which the 


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1 petitions to accord status under such section 203(a) 

2 were filed prior to the date of the enactment of this 

3 Act. 

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 of 

8 the number of aliens described in subsection (c)(2)(B) 

9 whose visas had not been issued by October 1, 2021. 

10 In fiscal year 2023, the Secretary of State shall allo11 cate to the aliens described in subsection (c)(2)(B), the 

12 number of merit-based immigrant visas equal to the 

13 number of aliens described in subsection (c)(2)(B) 

14 whose visas had not been issued by October 1, 2022. 

15 (5) ORDER OF ISSUANCE FOR SUBSEQUENTLY

16 FILED APPLICATIONS.—Subject to paragraph (4), the 

17 visas authorized by subsection (c)(2)(B) shall be 

18 issued in the order in which the petitions to accord 

19 status under section 203(a) of the Immigration and 

20 Nationality Act were filed, as in effect the minute be21 fore the effective date specified in section 2307(a)(3) 

22 of this Act. 

23 (f) ELIGIBILITY IN YEARS AFTER 2028.—Beginning in 

24 fiscal year 2029, aliens eligible for adjustment of status 

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1 ployment authorized status for 20 years prior to filing an 

2 application for adjustment of status. 

3 SEC. 2303. REPEAL OF THE DIVERSITY VISA PROGRAM. 

4 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) is 

5 amended— 

6 (1) in section 201(a) (8 U.S.C. 1151(a))— 

7 (A) in paragraph (1), by adding ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (2), by striking ‘‘; and’’ 

10 at the end and inserting a period; and 

11 (C) by striking paragraph (3); 

12 (2) in section 203 (8 U.S.C. 1153)— 

13 (A) by striking subsection (c); 

14 (B) in subsection (e)— 

15 (i) by striking paragraph (2); and 

16 (ii) by redesignating paragraph (3) as 

17 paragraph (2); 

18 (C) in subsection (f), by striking ‘‘(a), (b), 

19 or (c) of this section’’ and inserting ‘‘(a) or (b)’’; 

20 and 

21 (D) in subsection (g), by striking ‘‘(a), (b), 

22 and (c)’’ and inserting ‘‘(a) and (b)’’; and 

23 (3) in section 204 (8 U.S.C. 1154)— 

24 (A) in subsection (a), as amended by section 

25 2305(d)(6)(A)(i), by striking paragraph (8); and 


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1 (B) in subsection (e), by striking ‘‘(a), (b), 

2 or (c)’’ and inserting ‘‘(a) or (b)’’. 

3 (b) EFFECTIVE DATE AND APPLICATION.— 

4 (1) EFFECTIVE DATE.—The amendments made 

5 by this section shall take effect on October 1, 2014. 

6 (2) APPLICATION.—An alien who receives a noti7 fication from the Secretary that the alien was selected 

8 to receive a diversity immigrant visa under section 

9 203(c) of the Immigration and Nationality Act (8 

10 U.S.C. 1153(c)) for fiscal year 2013 or fiscal year 

11 2014 shall remain eligible to receive such visa under 

12 the rules of such section, as in effect on September 30, 

13 2014. No alien may be allocated such a diversity im14 migrant visa for a fiscal year after fiscal year 2015. 

15 SEC. 2304. WORLDWIDE LEVELS AND RECAPTURE OF UN16 USED IMMIGRANT VISAS. 

17 (a) EMPLOYMENT-BASED IMMIGRANTS.—Section 

18 201(d) (8 U.S.C. 1151(d)) is amended to read as follows: 

19 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED IM20 MIGRANTS.— 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) WORLDWIDE LEVEL.—For a fiscal 

23 year after fiscal year 2015, the worldwide level 

24 of employment-based immigrants under this sub25 section is equal to the sum of— 


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1 ‘‘(i) 140,000; and 

2 ‘‘(ii) the number computed under 

3 paragraph (2). 

4 ‘‘(B) FISCAL YEAR 2015.—For fiscal year 

5 2015, the worldwide level of employment-based 

6 immigrants under this subsection is equal to the 

7 sum of— 

8 ‘‘(i) 140,000; 

9 ‘‘(ii) the number computed under 

10 paragraph (2); and 

11 ‘‘(iii) the number computed under 

12 paragraph (3). 

13 ‘‘(2) PREVIOUS FISCAL YEAR.—The number com14 puted under this paragraph for a fiscal year is the 

15 difference, if any, between the maximum number of 

16 visas which may be issued under section 203(a) (re17 lating to family-sponsored immigrants) during the 

18 previous fiscal year and the number of visas issued 

19 under that section during that year. 

20 ‘‘(3) UNUSED VISAS.—The number computed 

21 under this paragraph is the difference, if any, be22 tween— 

23 ‘‘(A) the sum of the worldwide levels estab24 lished under paragraph (1), as in effect on the 

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1 der Security, Economic Opportunity, and Immi2 gration Modernization Act, for fiscal years 1992 

3 through and including 2013; and 

4 ‘‘(B) the number of visas actually issued 

5 under section 203(b) during such fiscal years.’’. 

6 (b) FAMILY-SPONSORED IMMIGRANTS.—Section 201(c) 

7 (8 U.S.C. 1151(c)) is amended to read as follows: 

8 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM9 MIGRANTS.— 

10 ‘‘(1) IN GENERAL.— 

11 ‘‘(A) WORLDWIDE LEVEL.—Subject to sub12 paragraph (C), for each fiscal year after fiscal 

13 year 2015, the worldwide level of family-spon14 sored immigrants under this subsection for a fis15 cal year is equal to the sum of— 

16 ‘‘(i) 480,000 minus the number com17 puted under paragraph (2); and 

18 ‘‘(ii) the number computed under 

19 paragraph (3). 

20 ‘‘(B) FISCAL YEAR 2015.—Subject to sub21 paragraph (C), for fiscal year 2015, the world22 wide level of family-sponsored immigrants under 

23 this subsection is equal to the sum of— 

24 ‘‘(i) 480,000 minus the number com25 puted under paragraph (2); 


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1 ‘‘(ii) the number computed under 

2 paragraph (3); and 

3 ‘‘(iii) the number computed under 

4 paragraph (4). 

5 ‘‘(C) LIMITATION.—The number computed 

6 under subparagraph (A)(i) or (B)(i) may not be 

7 less than 226,000, except that beginning on the 

8 date that is 18 months after the date of the en9 actment of the Border Security, Economic Op10 portunity, and Immigration Modernization Act, 

11 the number computed under subparagraph (A)(i) 

12 or (B)(i) may not be less than 161,000. 

13 ‘‘(2) IMMEDIATE RELATIVES.—The number com14 puted under this paragraph for a fiscal year is the 

15 number of aliens described in subparagraph (A) or 

16 (B) of subsection (b)(2) who were issued immigrant 

17 visas, or who otherwise acquired the status of an alien 

18 lawfully admitted to the United States for permanent 

19 residence, in the previous fiscal year. 

20 ‘‘(3) PREVIOUS FISCAL YEAR.—The number com21 puted under this paragraph for a fiscal year is the 

22 difference, if any, between the maximum number of 

23 visas which may be issued under section 203(b) (re24 lating to employment-based immigrants) during the 


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1 previous fiscal year and the number of visas issued 

2 under that section during that year. 

3 ‘‘(4) UNUSED VISAS.—The number computed 

4 under this paragraph is the difference, if any, be5 tween— 

6 ‘‘(A) the sum of the worldwide levels estab7 lished under paragraph (1) for fiscal years 1992 

8 through and including 2013; and 

9 ‘‘(B) the number of visas actually issued 

10 under section 203(a) during such fiscal years.’’. 

11 (c) EFFECTIVE DATE.—The amendments made by this 

12 section shall take effect on the first day of the first fiscal 

13 year beginning after the date of the enactment of this Act. 

14 SEC. 2305. RECLASSIFICATION OF SPOUSES AND MINOR 

15 CHILDREN OF LAWFUL PERMANENT RESI16 DENTS AS IMMEDIATE RELATIVES. 

17 (a) IMMEDIATE RELATIVES.—Section 201(b)(2) (8 

18 U.S.C. 1151(b)(2)) is amended to read as follows: 

19 ‘‘(2)(A) Aliens who are immediate relatives. 

20 ‘‘(B) In this paragraph, the term ‘immediate rel21 ative’ means— 

22 ‘‘(i) a child, spouse, or parent of a citizen 

23 of the United States, except that in the case of 

24 such a parent such citizen shall be at least 21 

25 years of age; 


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1 ‘‘(ii) a child or spouse of an alien lawfully 

2 admitted for permanent residence; 

3 ‘‘(iii) a child or spouse of an alien described 

4 in clause (i), who is accompanying or following 

5 to join the alien; 

6 ‘‘(iv) a child or spouse of an alien described 

7 in clause (ii), who is accompanying or following 

8 to join the alien; 

9 ‘‘(v) an alien admitted under section 211(a) 

10 on the basis of a prior issuance of a visa to the 

11 alien’s accompanying parent who is an imme12 diate relative; and 

13 ‘‘(vi) an alien born to an alien lawfully ad14 mitted for permanent residence during a tem15 porary visit abroad. 

16 ‘‘(C) If an alien who was the spouse or child of 

17 a citizen of the United States or of an alien lawfully 

18 admitted for permanent residence and was not legally 

19 separated from the citizen or lawful permanent resi20 dent at the time of the citizen’s or lawful permanent 

21 resident’s death files a petition under section 

22 204(a)(1)(B), the alien spouse (and each child of the 

23 alien) shall remain, for purposes of this paragraph, 

24 an immediate relative during the period beginning on 

25 the date of the citizen’s or permanent resident’s death 


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1 and ending on the date on which the alien spouse re2 marries. 

3 ‘‘(D) An alien who has filed a petition under 

4 clause (iii) or (iv) of section 204(a)(1)(A) shall re5 main, for purposes of this paragraph, an immediate 

6 relative if the United States citizen or lawful perma7 nent resident spouse or parent loses United States 

8 citizenship on account of the abuse.’’. 

9 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

10 203(a) (8 U.S.C. 1153(a)) is amended— 

11 (1) in paragraph (1), by striking ‘‘23,400,’’ and 

12 inserting ‘‘20 percent of the worldwide level of family13 sponsored immigrants under section 201(c)’’; 

14 (2) by striking paragraph (2) and inserting the 

15 following: 

16 ‘‘(2) UNMARRIED SONS AND UNMARRIED DAUGH17 TERS OF PERMANENT RESIDENT ALIENS.—Qualified 

18 immigrants who are the unmarried sons or unmar19 ried daughters (but are not the children) of an alien 

20 lawfully admitted for permanent residence shall be al21 located visas in a number not to exceed 20 percent of 

22 the worldwide level of family-sponsored immigrants 

23 under section 201(c), plus any visas not required for 

24 the class specified in paragraph (1).’’; 

25 (3) in paragraph (3)— 


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1 (A) by striking ‘‘23,400,’’ and inserting ‘‘20 

2 percent of the worldwide level of family-spon3 sored immigrants under section 201(c)’’; and 

4 (B) by striking ‘‘classes specified in para5 graphs (1) and (2).’’ and inserting ‘‘class speci6 fied in paragraph (2).’’; and 

7 (4) in paragraph (4)— 

8 (A) by striking ‘‘65,000,’’ and inserting ‘‘40 

9 percent of the worldwide level of family-spon10 sored immigrants under section 201(c)’’; and 

11 (B) by striking ‘‘classes specified in para12 graphs (1) through (3).’’ and inserting ‘‘class 

13 specified in paragraph (3).’’. 

14 (c) TERMINATION OF REGISTRATION.—Section 203(g) 

15 (8 U.S.C. 1153(g)) is amended to read as follows: 

16 ‘‘(g) LISTS.— 

17 ‘‘(1) IN GENERAL.—For purposes of carrying out 

18 the orderly administration of this title, the Secretary 

19 of State may make reasonable estimates of the antici20 pated numbers of immigrant visas to be issued during 

21 any quarter of any fiscal year within each of the cat22 egories under subsections (a), (b), and (c) and may 

23 rely upon such estimates in authorizing the issuance 

24 of visas. 

25 ‘‘(2) TERMINATION OF REGISTRATION.— 


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1 ‘‘(A) INFORMATION DISSEMINATION.—Not 

2 later than 180 days after the date of the enact3 ment of the Border Security, Economic Oppor4 tunity, and Immigration Modernization Act, the 

5 Secretary of Homeland Security and the Sec6 retary of State shall adopt a plan to broadly dis7 seminate information to the public regarding ter8 mination of registration procedures described in 

9 subparagraphs (B) and (C), including proce10 dures for notifying the Department of Homeland 

11 Security and the Department of State of any 

12 change of address on the part of a petitioner or 

13 a beneficiary of an immigrant visa petition. 

14 ‘‘(B) TERMINATION FOR FAILURE TO AD15 JUST.—The Secretary of Homeland Security 

16 shall terminate the registration of any alien who 

17 has evidenced an intention to acquire lawful per18 manent residence under section 245 and who 

19 fails to apply to adjust status within 1 year fol20 lowing notification to the alien of the avail21 ability of an immigrant visa. 

22 ‘‘(C) TERMINATION FOR FAILURE TO

23 APPLY.—The Secretary of State shall terminate 

24 the registration of any alien not described in 

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1 migrant visa within 1 year following notifica2 tion to the alien of the availability of such visa. 

3 ‘‘(3) REINSTATEMENT.—The registration of any 

4 alien that was terminated under paragraph (2) shall 

5 be reinstated if, within 2 years following the date of 

6 notification of the availability of such visa, the alien 

7 demonstrates that such failure to apply was due to 

8 good cause.’’. 

9 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 (1) DEFINITIONS.—Section 101(a)(15)(K)(ii) (8 

11 U.S.C. 1101(a)(15)(K)(ii)) is amended by striking 

12 ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 

13 201(b)(2) (other than clause (v) or (vi) of subpara14 graph (B))’’. 

15 (2) PER COUNTRY LEVEL.—Section 202(a)(1)(A) 

16 (8 U.S.C. 1152(a)(1)(A)) is amended by striking ‘‘sec17 tion 201(b)(2)(A)(i)’’ and inserting ‘‘section 201(b)(2) 

18 (other than clause (v) or (vi) of subparagraph (B))’’. 

19 (3) RULES FOR DETERMINING WHETHER CER20 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 

21 201(f) (8 U.S.C. 1151(f)) is amended— 

22 (A) in paragraph (1), by striking ‘‘para23 graphs (2) and (3),’’ and inserting ‘‘paragraph 

24 (2),’’; 

25 (B) by striking paragraph (2); 


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1 (C) by redesignating paragraphs (3) and 

2 (4) as paragraphs (2) and (3), respectively; and 

3 (D) in paragraph (3), as redesignated by 

4 subparagraph (C), by striking ‘‘through (3)’’ and 

5 inserting ‘‘and (2)’’. 

6 (4) NUMERICAL LIMITATION TO ANY SINGLE FOR7 EIGN STATE.—Section 202(a)(4) (8 U.S.C. 

8 1152(a)(4)) is amended— 

9 (A) by striking subparagraphs (A) and (B); 

10 (B) by redesignating subparagraphs (C) 

11 and (D) as subparagraphs (A) and (B), respec12 tively; and 

13 (C) in subparagraph (A), as redesignated 

14 by clause (ii), by striking ‘‘section 203(a)(2)(B)’’ 

15 and inserting ‘‘section 203(a)(2)’’. 

16 (5) ALLOCATION OF IMMIGRANT VISAS.—Section 

17 203(h) (8 U.S.C. 1153(h)) is amended— 

18 (A) in paragraph (1)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘subsections 

21 (a)(2)(A) and (d)’’ and inserting ‘‘sub22 section (d)’’; 

23 (ii) in subparagraph (A), by striking 

24 ‘‘becomes available for such alien (or, in the 

25 case of subsection (d), the date on which an 


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1 immigrant visa number became available 

2 for the alien’s parent),’’ and inserting ‘‘be3 came available for the alien’s parent,’’; and 

4 (iii) in subparagraph (B), by striking 

5 ‘‘applicable’’; 

6 (B) by amending paragraph (2) to read as 

7 follows: 

8 ‘‘(2) PETITIONS DESCRIBED.—The petition de9 scribed in this paragraph is a petition filed under 

10 section 204 for classification of the alien’s parent 

11 under subsection (a), (b), or (c).’’; and 

12 (C) by amending paragraph (3) to read as 

13 follows: 

14 ‘‘(3) RETENTION OF PRIORITY DATE.— 

15 ‘‘(A) PETITIONS FILED FOR CHILDREN.— 

16 For a petition originally filed to classify a child 

17 under subsection (d), if the age of the alien is de18 termined under paragraph (1) to be 21 years of 

19 age or older on the date that a visa number be20 comes available to the alien’s parent who was the 

21 principal beneficiary of the petition, then, upon 

22 the parent’s admission to lawful permanent resi23 dence in the United States, the petition shall 

24 automatically be converted to a petition filed by 

25 the parent for classification of the alien under 


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1 subsection (a)(2) and the petition shall retain the 

2 priority date established by the original petition. 

3 ‘‘(B) FAMILY AND EMPLOYMENT-BASED PE4 TITIONS.—The priority date for any family- or 

5 employment-based petition shall be the date of 

6 filing of the petition with the Secretary of Home7 land Security (or the Secretary of State, if ap8 plicable), unless the filing of the petition was 

9 preceded by the filing of a labor certification 

10 with the Secretary of Labor, in which case that 

11 date shall constitute the priority date. The bene12 ficiary of any petition shall retain his or her 

13 earliest priority date based on any petition filed 

14 on his or her behalf that was approvable when 

15 filed, regardless of the category of subsequent pe16 titions.’’. 

17 (6) PROCEDURE FOR GRANTING IMMIGRANT STA18 TUS.— 

19 (A) PETITIONING PROCEDURE.—Section 

20 204 (8 U.S.C. 1154) is amended— 

21 (i) by striking subsection (a) and in22 serting the following: 

23 ‘‘(a) PETITIONING PROCEDURE.— 

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

25 subparagraph (H), any citizen of the United States or 


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1 alien lawfully admitted for permanent residence 

2 claiming that an alien is entitled to classification by 

3 reason of a relationship described in subparagraph 

4 (A) or (B) of section 203(a)(1) or to an immediate 

5 relative status under section 201(b)(2)(A) may file a 

6 petition with the Secretary of Homeland Security for 

7 such classification. 

8 ‘‘(B) An alien spouse or alien child described in 

9 section 201(b)(2)(C) may file a petition with the Sec10 retary under this paragraph for classification of the 

11 alien (and the alien’s children) under such section. 

12 ‘‘(C)(i) An alien who is described in clause (ii) 

13 may file a petition with the Secretary under this sub14 paragraph for classification of the alien (and any 

15 child of the alien) if the alien demonstrates to the Sec16 retary that— 

17 ‘‘(I) the marriage or the intent to marry the 

18 citizen of the United States or lawful permanent 

19 resident was entered into in good faith by the 

20 alien; and 

21 ‘‘(II) during the marriage or relationship 

22 intended by the alien to be legally a marriage, 

23 the alien or a child of the alien has been battered 

24 or has been the subject of extreme cruelty per25 petrated by the alien’s spouse or intended spouse. 


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1 ‘‘(ii) For purposes of clause (i), an alien de2 scribed in this clause is an alien— 

3 ‘‘(I)(aa) who is the spouse of a citizen of the 

4 United States or lawful permanent resident; 

5 ‘‘(bb) who believed that he or she had mar6 ried a citizen of the United States or lawful per7 manent resident and with whom a marriage 

8 ceremony was actually performed and who other9 wise meets any applicable requirements under 

10 this Act to establish the existence of and bona 

11 fides of a marriage, but whose marriage is not 

12 legitimate solely because of the bigamy of such 

13 citizen of the United States or lawful permanent 

14 resident; or 

15 ‘‘(cc) who was a bona fide spouse of a cit16 izen of the United States or a lawful permanent 

17 resident within the past 2 years and— 

18 ‘‘(AA) whose spouse died within the 

19 past 2 years; 

20 ‘‘(BB) whose spouse renounced citizen21 ship status or renounced or lost status as a 

22 lawful permanent resident within the past 2 

23 years related to an incident of domestic vio24 lence; or 


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1 ‘‘(CC) who demonstrates a connection 

2 between the legal termination of the mar3 riage within the past 2 years and battering 

4 or extreme cruelty by a spouse who is a cit5 izen of the United States or a lawful perma6 nent resident spouse; 

7 ‘‘(II) who is a person of good moral char8 acter; 

9 ‘‘(III) who is eligible to be classified as an 

10 immediate relative under section 201(b)(2)(A) or 

11 who would have been so classified but for the 

12 bigamy of the citizen of the United States that 

13 the alien intended to marry; and 

14 ‘‘(IV) who has resided with the alien’s 

15 spouse or intended spouse. 

16 ‘‘(D) An alien who is the child of a citizen or 

17 lawful permanent resident of the United States, or 

18 who was a child of a United States citizen or lawful 

19 permanent resident parent who within the past 2 

20 years lost or renounced citizenship status related to 

21 an incident of domestic violence, and who is a person 

22 of good moral character, who is eligible to be classified 

23 as an immediate relative under section 201(b)(2)(A), 

24 and who resides, or has resided in the past, with the 

25 citizen or lawful permanent resident parent may file 


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1 a petition with the Secretary of Homeland Security 

2 under this paragraph for classification of the alien 

3 (and any child of the alien) under such section if the 

4 alien demonstrates to the Secretary that the alien has 

5 been battered by or has been the subject of extreme 

6 cruelty perpetrated by the alien’s citizen or lawful 

7 permanent resident parent. For purposes of this sub8 paragraph, residence includes any period of visita9 tion. 

10 ‘‘(E) An alien who— 

11 ‘‘(i) is the spouse, intended spouse, or child 

12 living abroad of a citizen or lawful permanent 

13 resident who— 

14 ‘‘(I) is an employee of the United 

15 States Government; 

16 ‘‘(II) is a member of the uniformed 

17 services (as defined in section 101(a) of title 

18 10, United States Code); or 

19 ‘‘(III) has subjected the alien or the 

20 alien’s child to battery or extreme cruelty in 

21 the United States; and 

22 ‘‘(ii) is eligible to file a petition under sub23 paragraph (C) or (D), 

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1 petitioners under subparagraph (C) or (D), as appli2 cable. 

3 ‘‘(F) For the purposes of any petition filed under 

4 subparagraph (C) or (D), the denaturalization, loss or 

5 renunciation of citizenship or lawful permanent resi6 dent status, death of the abuser, divorce, or changes 

7 to the abuser’s citizenship or lawful permanent resi8 dent status after filing of the petition shall not ad9 versely affect the approval of the petition, and for ap10 proved petitions shall not preclude the classification 

11 of the eligible self-petitioning spouse or child as an 

12 immediate relative or affect the alien’s ability to ad13 just status under subsections (a) and (c) of section 

14 245 or obtain status as a lawful permanent resident 

15 based on the approved self-petition under such 

16 clauses. 

17 ‘‘(G) An alien may file a petition with the Sec18 retary of Homeland Security under this paragraph 

19 for classification of the alien under section 

20 201(b)(2)(A) if the alien— 

21 ‘‘(i) is the parent of a citizen of the United 

22 States or was a parent of a citizen of the United 

23 States who, within the past 2 years, lost or re24 nounced citizenship status related to an incident 

25 of domestic violence or died; 


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1 ‘‘(ii) is a person of good moral character; 

2 ‘‘(iii) is eligible to be classified as an imme3 diate relative under section 201(b)(2)(A); 

4 ‘‘(iv) resides, or has resided, with the citizen 

5 daughter or son; and 

6 ‘‘(v) demonstrates that the alien has been 

7 battered or subject to extreme cruelty by the cit8 izen daughter or son. 

9 ‘‘(H)(i) Subparagraph (A) shall not apply to a 

10 citizen of the United States who has been convicted of 

11 a specified offense against a minor, unless the Sec12 retary of Homeland Security, in the Secretary’s sole 

13 and unreviewable discretion, determines that the cit14 izen poses no risk to the alien with respect to whom 

15 a petition described in subparagraph (A) is filed. 

16 ‘‘(ii) For purposes of clause (i), the term ‘speci17 fied offense against a minor’ has the meaning given 

18 such term in section 111 of the Adam Walsh Child 

19 Protection and Safety Act of 2006 (42 U.S.C. 16911). 

20 ‘‘(2) DETERMINATION OF GOOD MORAL CHAR21 ACTER.—Notwithstanding section 101(f), an act or 

22 conviction that is waivable with respect to the peti23 tioner for purposes of a determination of the peti24 tioner’s admissibility under section 212(a) or deport25 ability under section 237(a) shall not bar the SecVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01184 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 retary of Homeland Security from finding the peti2 tioner to be of good moral character under subpara3 graph (C) or (D) of paragraph (1), if the Secretary 

4 finds that the act or conviction was connected to the 

5 alien’s having been battered or subjected to extreme 

6 cruelty. 

7 ‘‘(3) PREFERENCE STATUS.—(A)(i) Any child 

8 who attains 21 years of age who has filed a petition 

9 under paragraph (1)(D) that was filed or approved 

10 before the date on which the child attained 21 years 

11 of age shall be considered (if the child has not been 

12 admitted or approved for lawful permanent residence 

13 by the date the child attained 21 years of age) a peti14 tioner for preference status under paragraph (1), (2), 

15 or (3) of section 203(a), whichever paragraph is ap16 plicable, with the same priority date assigned to the 

17 self-petition filed under paragraph (1)(D). No new 

18 petition shall be required to be filed. 

19 ‘‘(ii) Any individual described in clause (i) is el20 igible for deferred action and work authorization. 

21 ‘‘(iii) Any derivative child who attains 21 years 

22 of age who is included in a petition described in sub23 paragraph (B) that was filed or approved before the 

24 date on which the child attained 21 years of age shall 

25 be considered (if the child has not been admitted or 


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1 approved for lawful permanent residence by the date 

2 the child attained 21 years of age) a VAWA self-peti3 tioner with the same priority date as that assigned to 

4 the petitioner in any petition described in subpara5 graph (B). No new petition shall be required to be 

6 filed. 

7 ‘‘(iv) Any individual described in clause (iii) 

8 and any derivative child of a petitioner described in 

9 subparagraph (B) is eligible for deferred action and 

10 work authorization. 

11 ‘‘(B) The petition referred to in subparagraph 

12 (A)(iii) is a petition filed by an alien under subpara13 graph (C) or (D) of paragraph (1) in which the child 

14 is included as a derivative beneficiary. 

15 ‘‘(C) Nothing in the amendments made by the 

16 Child Status Protection Act (Public Law 107–208; 

17 116 Stat. 927) shall be construed to limit or deny any 

18 right or benefit provided under this paragraph. 

19 ‘‘(D) Any alien who benefits from this paragraph 

20 may adjust status in accordance with subsections (a) 

21 and (c) of section 245 as an alien having an ap22 proved petition for classification under subparagraph 

23 (C) or (D) of paragraph (1). 

24 ‘‘(E) For purposes of this paragraph, an indi25 vidual who is not less than 21 years of age, who 


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1 qualified to file a petition under paragraph (1)(D) as 

2 of the minute before the date on which the individual 

3 attained 21 years of age, and who did not file such 

4 a petition before such day, shall be treated as having 

5 filed a petition under such paragraph as of such day 

6 if a petition is filed for the status described in such 

7 paragraph before the individual attains 25 years of 

8 age and the individual shows that the abuse was at 

9 least 1 central reason for the filing delay. Subpara10 graphs (A) through (D) shall apply to an individual 

11 described in this subparagraph in the same manner 

12 as an individual filing a petition under paragraph 

13 (1)(D). 

14 ‘‘(4) CLASSIFICATION AS ALIEN WITH EXTRAOR15 DINARY ABILITY.—Any alien desiring to be classified 

16 under subparagraph (I), (J), (K), (L), or (M) of sec17 tion 201(b)(1) or section 203(b)(1)(A), or any person 

18 on behalf of such an alien, may file a petition with 

19 the Secretary of Homeland Security for such classi20 fication. 

21 ‘‘(5) CLASSIFICATION AS EMPLOYMENT-BASED

22 IMMIGRANT.—Any employer desiring and intending 

23 to employ within the United States an alien entitled 

24 to classification under paragraph (1)(B), (1)(C), (2), 

25 or (3) of section 203(b) may file a petition with the 


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1 Secretary of Homeland Security for such classifica2 tion. 

3 ‘‘(6) CLASSIFICATION AS SPECIAL IMMIGRANT.— 

4 (A) Any alien (other than a special immigrant under 

5 section 101(a)(27)(D)) desiring to be classified under 

6 section 203(b)(4), or any person on behalf of such an 

7 alien, may file a petition with the Secretary of Home8 land Security for such classification. 

9 ‘‘(B) Aliens claiming status as a special immi10 grant under section 101(a)(27)(D) may file a petition 

11 only with the Secretary of State and only after notifi12 cation by the Secretary that such status has been rec13 ommended and approved pursuant to such section. 

14 ‘‘(7) CLASSIFICATION AS IMMIGRANT INVES15 TOR.—Any alien desiring to be classified under para16 graph (5) or (6) of section 203(b) may file a petition 

17 with the Secretary of Homeland Security for such 

18 classification. 

19 ‘‘(8) DIVERSITY VISA.—(A) Any alien desiring to 

20 be provided an immigrant visa under section 203(c) 

21 may file a petition at the place and time determined 

22 by the Secretary of State by regulation. Only 1 such 

23 petition may be filed by an alien with respect to any 

24 petitioning period established. If more than 1 petition 


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1 is submitted all such petitions submitted for such pe2 riod by the alien shall be voided. 

3 ‘‘(B)(i) The Secretary of State shall designate a 

4 period for the filing of petitions with respect to visas 

5 which may be issued under section 203(c) for the fis6 cal year beginning after the end of the period. 

7 ‘‘(ii) Aliens who qualify, through random selec8 tion, for a visa under section 203(c) shall remain eli9 gible to receive such visa only through the end of the 

10 specific fiscal year for which they were selected. 

11 ‘‘(iii) The Secretary of State shall prescribe such 

12 regulations as may be necessary to carry out this sub13 paragraph. 

14 ‘‘(C) A petition under this paragraph shall be in 

15 such form as the Secretary of State may by regulation 

16 prescribe and shall contain such information and be 

17 supported by such documentary evidence as the Sec18 retary of State may require. 

19 ‘‘(D) Each petition to compete for consideration 

20 for a visa under section 203(c) shall be accompanied 

21 by a fee equal to $30. All amounts collected under this 

22 subparagraph shall be deposited into the Treasury as 

23 miscellaneous receipts. 

24 ‘‘(9) CONSIDERATION OF CREDIBLE EVIDENCE.— 

25 In acting on petitions filed under subparagraph (C) 


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1 or (D) of paragraph (1), or in making determinations 

2 under paragraphs (2) and (3), the Secretary of 

3 Homeland Security shall consider any credible evi4 dence relevant to the petition. The determination of 

5 what evidence is credible and the weight to be given 

6 that evidence shall be within the sole discretion of the 

7 Secretary. 

8 ‘‘(10) WORK AUTHORIZATION.—(A) Upon the 

9 approval of a petition as a VAWA self-petitioner, the 

10 alien— 

11 ‘‘(i) is eligible for work authorization; and 

12 ‘‘(ii) may be provided an ‘employment au13 thorized’ endorsement or appropriate work per14 mit incidental to such approval. 

15 ‘‘(B) Notwithstanding any provision of this Act 

16 restricting eligibility for employment in the United 

17 States, the Secretary of Homeland Security shall 

18 grant employment authorization to an alien who has 

19 filed an application for status as a VAWA self-peti20 tioner on the date that is the earlier of— 

21 ‘‘(i) the date on which the alien’s applica22 tion for such status is approved; or 

23 ‘‘(ii) a date determined by the Secretary 

24 that is not later than 180 days after the date on 

25 which the alien filed the application. 


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1 ‘‘(11) LIMITATION.—Notwithstanding para2 graphs (1) through (10), an individual who was a 

3 VAWA petitioner or who had the status of a non4 immigrant under subparagraph (T) or (U) of section 

5 101(a)(15) may not file a petition for classification 

6 under this section or section 214 to classify any per7 son who committed the battery or extreme cruelty or 

8 trafficking against the individual (or the individual’s 

9 child), which established the individual’s (or individ10 ual’s child’s) eligibility as a VAWA petitioner or for 

11 such nonimmigrant status.’’; 

12 (ii) in subsection (c)(1), by striking 

13 ‘‘or preference status’’; and 

14 (iii) in subsection (h), by striking ‘‘or 

15 a petition filed under subsection 

16 (a)(1)(B)(ii)’’. 

17 (B) CONFORMING AMENDMENTS.—The Act 

18 (8 U.S.C. 1101 et seq.) is amended— 

19 (i) in section 101(a)— 

20 (I) in paragraph (15)(K), by 

21 striking ‘‘204(a)(1)(A)(viii)(I)’’ each 

22 place such term appears and inserting 

23 ‘‘204(a)(1)(H)(i)’’; 

24 (II) in paragraph (50), by strik25 ing ‘‘204(a)(1)(A)(iii)(II)(aa)(BB), 


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1 204(a)(1)(B)(ii)(II)(aa)(BB),’’ and in2 serting ‘‘204(a)(1)(C)(ii)(I)(bb) or’’; 

3 and 

4 (III) in paragraph (51)— 

5 (aa) in subparagraph (A), by 

6 striking ‘‘204(a)(1)(A)’’ and in7 serting ‘‘204(a)(1)’’; 

8 (bb) by striking subpara9 graph (B); and 

10 (cc) by redesignating sub11 paragraphs (C), (D), (E), (F), 

12 and (G) as subparagraphs (B), 

13 (C), (D), (E), and (F), respec14 tively; 

15 (ii) in section 212(a)(4)(C)(i)— 

16 (I) in subclause (I), by striking 

17 ‘‘clause (ii), (iii), or (iv) of section 

18 204(a)(1)(A), or’’ and inserting ‘‘sub19 paragraph (B), (C), or (D) of section 

20 204(a)(1);’’; 

21 (II) by striking subclause (II); 

22 and 

23 (III) by redesignating subclause 

24 (III) as subclause (II); 


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1 (iii) in section 216(c)(4)(D), by strik2 ing ‘‘204(a)(1)(A)(iii)(II)(aa)(BB)’’ and in3 serting ‘‘204(a)(1)(C)(ii)(I)(bb)’’; and 

4 (iv) in section 240(c)(7)(C)(iv)(I), by 

5 striking ‘‘clause (iii) or (iv) of section 

6 204(a)(1)(A), clause (ii) or (iii) of section 

7 204(a)(1)(B),’’ and inserting ‘‘subpara8 graph (C) or (D) of section 204(a)(1),’’. 

9 (7) EXCLUDABLE ALIENS.—Section 

10 212(d)(12)(B) (8 U.S.C. 1182(d)(12)(B)) is amended 

11 by striking ‘‘section 201(b)(2)(A)’’ and inserting ‘‘sec12 tion 201(b)(2) (other than subparagraph (B)(vi))’’. 

13 (8) ADMISSION OF NONIMMIGRANTS.—Section 

14 214(r)(3)(A) (8 U.S.C. 1184(r)(3)(A)) is amended by 

15 striking ‘‘section 201(b)(2)(A)(i).’’ and inserting ‘‘sec16 tion 201(b)(2) (other than clause (v) or (vi) of sub17 paragraph (B)).’’. 

18 (9) REFUGEE CRISIS IN IRAQ ACT OF 2007.—Sec19 tion 1243(a)(4) of the Refugee Crisis in Iraq Act of 

20 2007 (8 U.S.C. 1157 note) is amended by striking 

21 ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 

22 201(b)(2) (other than clause (v) or (vi) of subpara23 graph (B))’’. 

24 (10) PROCESSING OF VISA APPLICATIONS.—Sec25 tion 233 of the Department of State Authorization 


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1 Act, Fiscal Year 2003 (8 U.S.C. 1201 note) is amend2 ed by striking ‘‘section 201(b)(2)(A)(i)’’ and inserting 

3 ‘‘section 201(b)(2) (other than clause (v) or (vi) of 

4 subparagraph (B))’’. 

5 (11) ADJUSTMENT OF STATUS.—Section 245(a) 

6 (8 U.S.C. 1255(a)) is amended to read as follows: 

7 ‘‘(a)(1) The status of an alien who was inspected and 

8 admitted or paroled into the United States or the status 

9 of any other alien having an approved petition for classi10 fication as a VAWA self-petitioner may be adjusted by the 

11 Attorney General or the Secretary of Homeland Security, 

12 in the Attorney General’s or the Secretary’s discretion and 

13 under such regulations as the Attorney General or Secretary 

14 may prescribe, to that of an alien lawfully admitted for 

15 permanent residence (regardless of whether the alien has al16 ready been admitted for permanent residence) if— 

17 ‘‘(A) the alien makes an application for such ad18 justment; 

19 ‘‘(B) the alien is eligible to receive an immigrant 

20 visa and is admissible to the United States for per21 manent residence; and 

22 ‘‘(C) subject to paragraph (2), an immigrant 

23 visa is immediately available to the alien at the time 

24 the alien’s application is filed. 


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1 ‘‘(2)(A) An application that is based on a petition ap2 proved or approvable under subparagraph (A) or (B) of sec3 tion 204(a)(1) may be filed without regard to the limitation 

4 set forth in paragraph (1)(C). 

5 ‘‘(B) An application for adjustment filed for an alien 

6 under this paragraph may not be approved until such time 

7 as an immigrant visa becomes available for the alien.’’. 

8 (e) EFFECTIVE DATE.—The amendments made by this 

9 section shall take effect on the date of the enactment of this 

10 Act. 

11 SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR12 EIGN STATES. 

13 (a) NUMERICAL LIMITATION TO ANY SINGLE FOREIGN

14 STATE.—Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is 

15 amended— 

16 (1) in the paragraph heading, by striking ‘‘AND

17 EMPLOYMENT-BASED’’; 

18 (2) by striking ‘‘(3), (4), and (5),’’ and inserting 

19 ‘‘(3) and (4),’’; 

20 (3) by striking ‘‘subsections (a) and (b) of section 

21 203’’ and inserting ‘‘section 203(a)’’; 

22 (4) by striking ‘‘7’’ and inserting ‘‘15’’; and 

23 (5) by striking ‘‘such subsections’’ and inserting 

24 ‘‘such section’’. 


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1 (b) CONFORMING AMENDMENTS.—Section 202 (8 

2 U.S.C. 1152) is amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (3), by striking ‘‘both 

5 subsections (a) and (b) of section 203’’ and in6 serting ‘‘section 203(a)’’; and 

7 (B) by striking paragraph (5); and 

8 (2) by amending subsection (e) to read as fol9 lows: 

10 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 

11 If it is determined that the total number of immigrant visas 

12 made available under section 203(a) to natives of any single 

13 foreign state or dependent area will exceed the numerical 

14 limitation specified in subsection (a)(2) in any fiscal year, 

15 in determining the allotment of immigrant visa numbers 

16 to natives under section 203(a), visa numbers with respect 

17 to natives of that state or area shall be allocated (to the 

18 extent practicable and otherwise consistent with this section 

19 and section 203) in a manner so that, except as provided 

20 in subsection (a)(4), the proportion of the visa numbers 

21 made available under each of paragraphs (1) through (4) 

22 of section 203(a) is equal to the ratio of the total number 

23 of visas made available under the respective paragraph to 

24 the total number of visas made available under section 

25 203(a).’’. 


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1 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the Chi2 nese Student Protection Act of 1992 (8 U.S.C. 1255 note) 

3 is amended— 

4 (1) in subsection (a), by striking ‘‘subsection 

5 (e))’’ and inserting ‘‘subsection (d))’’; and 

6 (2) by striking subsection (d) and redesignating 

7 subsection (e) as subsection (d). 

8 (d) EFFECTIVE DATE.—The amendments made by this 

9 section shall take effect 1 year after the date of the enact10 ment of this Act. 

11 SEC. 2307. ALLOCATION OF IMMIGRANT VISAS. 

12 (a) PREFERENCE ALLOCATION FOR FAMILY-SPON13 SORED IMMIGRANTS.— 

14 (1) IN GENERAL.—Section 203(a) (8 U.S.C. 

15 1153(a)), as amended by section 2305(b), is further 

16 amended to read as follows: 

17 ‘‘(a) PREFERENCE ALLOCATION FOR FAMILY-SPON18 SORED IMMIGRANTS.—Aliens subject to the worldwide level 

19 specified in section 201(c) for family-sponsored immigrants 

20 shall be allotted visas as follows: 

21 ‘‘(1) SONS AND DAUGHTERS OF CITIZENS.— 

22 Qualified immigrants who are— 

23 ‘‘(A) the unmarried sons or unmarried 

24 daughters but not the children of citizens of the 

25 United States shall be allocated visas in a numVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01197 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 ber not to exceed 35 percent of the worldwide 

2 level authorized in section 201(c), plus the sum 

3 of— 

4 ‘‘(i) the number of visas not required 

5 for the class specified in paragraph (2) for 

6 the current fiscal year; and 

7 ‘‘(ii) the number of visas not required 

8 for the class specified in subparagraph (B); 

9 or 

10 ‘‘(B) the married sons or married daughters 

11 of citizens of the United States who are 31 years 

12 of age or younger at the time of filing a petition 

13 under section 204 shall be allocated visas in a 

14 number not to exceed 25 percent of the worldwide 

15 level authorized in section 201(c), plus the num16 ber of any visas not required for the class speci17 fied in subparagraph (A) current fiscal year. 

18 ‘‘(2) SONS AND DAUGHTERS OF PERMANENT

19 RESIDENTS.—Qualified immigrants who are the un20 married sons or unmarried daughters of aliens admit21 ted for permanent residence shall be allocated visas in 

22 a number not to exceed 40 percent of the worldwide 

23 level authorized in section 201(c), plus any visas not 

24 required for the class specified in paragraph (1)(A).’’. 

25 (2) CONFORMING AMENDMENTS.— 


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1 (A) PROCEDURE FOR GRANTING IMMIGRANT

2 STATUS.—Section 204(f)(1) (8 U.S.C. 1154(f)(1)) 

3 is amended by striking ‘‘section 201(b), 

4 203(a)(1), or 203(a)(3),’’ and inserting ‘‘section 

5 201(b) or subparagraph (A) or (B) of section 

6 203(a)(1)’’. 

7 (B) AUTOMATIC CONVERSION.—For the pur8 poses of any petition pending or approved based 

9 on a relationship described— 

10 (i) in subparagraph (A) of section 

11 203(a)(1) of the Immigration and Nation12 ality Act (8 U.S.C. 1153(a)(1)), as amended 

13 by paragraph (1), and notwithstanding the 

14 age of the alien, such a petition shall be 

15 deemed reclassified as a petition based on a 

16 relationship described in subparagraph (B) 

17 of such section 203(a)(1) upon the marriage 

18 of such alien; or 

19 (ii) in subparagraph (B) of such sec20 tion 203(a)(1), such a petition shall be 

21 deemed reclassified as a petition based on a 

22 relationship described in subparagraph (A) 

23 of such section 203(a)(1) upon the legal ter24 mination of marriage or death of such 

25 alien’s spouse. 


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1 (3) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall take effect on the first day of 

3 the first fiscal year that begins at least 18 months fol4 lowing the date of the enactment of this Act. 

5 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT6 BASED IMMIGRANTS.— 

7 (1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. 

8 1151(b)(1)), as amended by sections 2103(c) and 

9 2212(d), is further amended by adding at the end the 

10 following: 

11 ‘‘(H) Derivative beneficiaries as described 

12 in section 203(d) of employment-based immi13 grants under section 203(b). 

14 ‘‘(I) Aliens with extraordinary ability in 

15 the sciences, arts, education, business, or athletics 

16 which has been demonstrated by sustained na17 tional or international acclaim, if, with respect 

18 to any such alien— 

19 ‘‘(i) the achievements of such alien 

20 have been recognized in the field through ex21 tensive documentation; 

22 ‘‘(ii) such alien seeks to enter the 

23 United States to continue work in the area 

24 of extraordinary ability; and 


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1 ‘‘(iii) the entry of such alien into the 

2 United States will substantially benefit pro3 spectively the United States. 

4 ‘‘(J) Aliens who are outstanding professors 

5 and researchers if, with respect to any such 

6 alien— 

7 ‘‘(i) the alien is recognized internation8 ally as outstanding in a specific academic 

9 area; 

10 ‘‘(ii) the alien has at least 3 years of 

11 experience in teaching or research in the 

12 academic area; and 

13 ‘‘(iii) the alien seeks to enter the 

14 United States— 

15 ‘‘(I) to be employed in a tenured 

16 position (or tenure-track position) 

17 within a not for profit university or 

18 institution of higher education to teach 

19 in the academic area; 

20 ‘‘(II) for employment in a com21 parable position with a not for profit 

22 university or institution of higher edu23 cation, or a governmental research or24 ganization, to conduct research in the 

25 area; or 


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1 ‘‘(III) for employment in a com2 parable position to conduct research in 

3 the area with a department, division, 

4 or institute of a private employer, if 

5 the department, division, or institute 

6 employs at least 3 persons full-time in 

7 research activities and has achieved 

8 documented accomplishments in an 

9 academic field. 

10 ‘‘(K) Aliens who are multinational execu11 tives and managers if, with respect to any such 

12 alien— 

13 ‘‘(i) in the 3 years preceding the time 

14 of the alien’s application for classification 

15 and admission into the United States under 

16 this subparagraph, the alien has been em17 ployed for at least 1 year by a firm or cor18 poration or other legal entity or an affiliate 

19 or subsidiary thereof; and 

20 ‘‘(ii) the alien seeks to enter the United 

21 States in order to continue to render serv22 ices to the same employer or to a subsidiary 

23 or affiliate thereof in a capacity that is 

24 managerial or executive. 


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1 ‘‘(L) Aliens who have earned a doctorate de2 gree from an institution of higher education in 

3 the United States or the foreign equivalent. 

4 ‘‘(M) Alien physicians who have completed 

5 the foreign residency requirements under section 

6 212(e) or obtained a waiver of these requirements 

7 or an exemption requested by an interested State 

8 agency or by an interested Federal agency under 

9 section 214(l), including those alien physicians 

10 who completed such service before the date of the 

11 enactment of the Border Security, Economic Op12 portunity, and Immigration Modernization Act. 

13 ‘‘(N) ADVANCED DEGREES IN A STEM

14 FIELD.— 

15 ‘‘(i) IN GENERAL.—An immigrant 

16 who— 

17 ‘‘(I) has earned a master’s or 

18 higher degree in a field of science, tech19 nology, engineering, or mathematics 

20 included in the Department of Edu21 cation’s Classification of Instructional 

22 Programs taxonomy within the sum23 mary groups of computer and informa24 tion sciences and support services, en25 gineering, mathematics and statistics, 


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1 biological and biomedical sciences, and 

2 physical sciences, from a United States 

3 institution of higher education; 

4 ‘‘(II) has an offer of employment 

5 from a United States employer in a 

6 field related to such degree; and 

7 ‘‘(III) earned the qualifying grad8 uate degree during the 5-year period 

9 immediately before the initial filing 

10 date of the petition under which the 

11 nonimmigrant is a beneficiary. 

12 ‘‘(ii) DEFINITION.—In this subpara13 graph, the term ‘United States institution 

14 of higher education’ means an institution 

15 that— 

16 ‘‘(I) is described in section 101(a) 

17 of the Higher Education Act of 1965 

18 (20 U.S.C. 1001(a)) or is a propri19 etary institution of higher education 

20 (as defined in section 102(b) of such 

21 Act (20 U.S.C. 1002(b))); 

22 ‘‘(II) was classified by the Car23 negie Foundation for the Advancement 

24 of Teaching on January 1, 2012, as a 

25 doctorate-granting university with a 


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1 very high or high level of research ac2 tivity or classified by the National 

3 Science Foundation after the date of 

4 enactment of this subparagraph, pur5 suant to an application by the institu6 tion, as having equivalent research ac7 tivity to those institutions that had 

8 been classified by the Carnegie Foun9 dation as being doctorate-granting uni10 versities with a very high or high level 

11 of research activity; and 

12 ‘‘(III) is accredited by an accred13 iting body that is itself accredited ei14 ther by the Department of Education 

15 or by the Council for Higher Edu16 cation Accreditation.’’. 

17 (2) EXCEPTION FROM LABOR CERTIFICATION RE18 QUIREMENT FOR STEM IMMIGRANTS.—Section 

19 212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is amended to 

20 read as follows: 

21 ‘‘(D) APPLICATION OF GROUNDS.— 

22 ‘‘(i) IN GENERAL.—Except as provided 

23 in clause (ii), the grounds for inadmis24 sibility of aliens under subparagraphs (A) 

25 and (B) shall apply to immigrants seeking 


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1 admission or adjustment of status under 

2 paragraph (2) or (3) of section 203(b). 

3 ‘‘(ii) SPECIAL RULE FOR STEM IMMI4 GRANTS.—The grounds for inadmissibility 

5 of aliens under subparagraph (A) shall not 

6 apply to an immigrant seeking admission 

7 or adjustment of status under section 

8 203(b)(2)(B).’’. 

9 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 (1) TREATMENT OF DERIVATIVE FAMILY MEM11 BERS.—Section 203(d) (8 U.S.C. 1153(d)) is amend12 ed to read as follows: 

13 ‘‘(d) TREATMENT OF FAMILY MEMBERS.—If accom14 panying or following to join a spouse or parent issued a 

15 visa under subsection (a), (b), or (c), subparagraph (I), (J), 

16 (K), (L), or (M) of section 201(b)(1), or section 201(b)(2), 

17 a spouse or child (as defined in subparagraph (A), (B), (C), 

18 (D), or (E) of section 101(b)(1)) shall be entitled to the same 

19 immigrant status and the same order of consideration pro20 vided in the respective provision.’’. 

21 (2) ALIENS WHO ARE PRIORITY WORKERS OR

22 MEMBERS OF THE PROFESSIONS HOLDING ADVANCED

23 DEGREES.—Section 203(b) (8 U.S.C. 1153(b)) is 

24 amended— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘Aliens’’ and inserting ‘‘Other than 

3 aliens described in paragraph (1) or (2)(B), 

4 aliens’’; 

5 (B) in paragraph (1), by striking the mat6 ter preceding subparagraph (A) and inserting 

7 ‘‘Aliens described in any of the following sub8 paragraphs may be admitted to the United 

9 States without respect to the worldwide level 

10 specified in section 201(d)’’; and 

11 (C) by amending paragraph (2) to read as 

12 follows: 

13 ‘‘(2) ALIENS WHO ARE MEMBERS OF PROFES14 SIONS HOLDING ADVANCED DEGREES OR PROSPEC15 TIVE EMPLOYEES OF NATIONAL SECURITY FACILI16 TIES.— 

17 ‘‘(A) IN GENERAL.—Visas shall be made 

18 available, in a number not to exceed 40 percent 

19 of the worldwide level authorized in section 

20 201(d), plus any visas not required for the class21 es specified in paragraph (5) to qualified immi22 grants who are either of the following: 

23 ‘‘(i) Members of the professions holding 

24 advanced degrees or their equivalent whose 

25 services in the sciences, arts, professions, or 


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1 business are sought by an employer in the 

2 United States, including alien physicians 

3 holding foreign medical degrees that have 

4 been deemed sufficient for acceptance by an 

5 accredited United States medical residency 

6 or fellowship program. 

7 ‘‘(ii) Prospective employees, in a re8 search capacity, of Federal national secu9 rity, science, and technology laboratories, 

10 centers, and agencies, if such immigrants 

11 have been lawfully present in the United 

12 States for two years prior to employment 

13 (unless the Secretary of Homeland Security 

14 determines, including upon request of the 

15 prospective laboratory, center, or agency, 

16 that exceptional circumstances exist justi17 fying waiver of the presence requirement). 

18 ‘‘(B) WAIVER OF JOB OFFER.— 

19 ‘‘(i) NATIONAL INTEREST WAIVER.— 

20 Subject to clause (ii), the Secretary of 

21 Homeland Security may, if the Secretary 

22 deems it to be in the national interest, 

23 waive the requirements of subparagraph (A) 

24 that an alien’s services in the sciences, arts, 


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1 professions, or business be sought by an em2 ployer in the United States. 

3 ‘‘(ii) PHYSICIANS WORKING IN SHORT4 AGE AREAS OR VETERANS FACILITIES.— 

5 ‘‘(I) IN GENERAL.—The Secretary 

6 shall grant a national interest waiver 

7 pursuant to clause (i) on behalf of any 

8 alien physician with respect to whom a 

9 petition for preference classification 

10 has been filed under subparagraph (A) 

11 if— 

12 ‘‘(aa) the alien physician 

13 agrees to work on a full- time 

14 basis practicing primary care, 

15 specialty medicine, or a combina16 tion thereof, in an area or areas 

17 designated by the Secretary of 

18 Health and Human Services as 

19 having a shortage of health care 

20 professionals or at a health care 

21 facility under the jurisdiction of 

22 the Secretary of Veterans Affairs; 

23 or 

24 ‘‘(bb) the alien physician is 

25 pursuing such waiver based upon 


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1 service at a facility or facilities 

2 that serve patients who reside in a 

3 geographic area or areas des4 ignated by the Secretary of Health 

5 and Human Services as having a 

6 shortage of health care profes7 sionals (without regard to whether 

8 such facility or facilities are lo9 cated within such an area) and a 

10 Federal agency or a local, county, 

11 regional, or State department of 

12 public health determines that the 

13 alien physician’s work at such fa14 cility was or will be in the public 

15 interest. 

16 ‘‘(II) PROHIBITION.— 

17 ‘‘(aa) No permanent resident 

18 visa may be issued to an alien 

19 physician described in subclause 

20 (I) by the Secretary of State 

21 under section 204(b), and the Sec22 retary of Homeland Security may 

23 not adjust the status of such an 

24 alien physician from that of a 

25 nonimmigrant alien to that of a 


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1 permanent resident alien under 

2 section 245, until such time as the 

3 alien has worked full time as a 

4 physician for an aggregate of 5 

5 years (not including the time 

6 served in the status of an alien 

7 described in section 

8 101(a)(15)(J)), in an area or 

9 areas designated by the Secretary 

10 of Health and Human Services as 

11 having a shortage of health care 

12 professionals or at a health care 

13 facility under the jurisdiction of 

14 the Secretary of Veterans Affairs, 

15 or at a facility or facilities meet16 ing the requirements of subclause 

17 (I)(bb). 

18 ‘‘(bb) The 5-year service re19 quirement of item (aa) shall be 

20 counted from the date the alien 

21 physician begins work in the 

22 shortage area in any legal status 

23 and not the date an immigrant 

24 visa petition is filed or approved. 

25 Such service shall be aggregated 


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1 without regard to when such serv2 ice began and without regard to 

3 whether such service began during 

4 or in conjunction with a course of 

5 graduate medical education. 

6 ‘‘(cc) An alien physician 

7 shall not be required to submit an 

8 employment contract with a term 

9 exceeding the balance of the 5-year 

10 commitment yet to be served, nor 

11 an employment contract dated 

12 within a minimum time period 

13 prior to filing of a visa petition 

14 pursuant to this subsection. 

15 ‘‘(dd) An alien physician 

16 shall not be required to file addi17 tional immigrant visa petitions 

18 upon a change of work location 

19 from the location approved in the 

20 original national interest immi21 grant petition. 

22 ‘‘(III) STATUTORY CONSTRUC23 TION.—Nothing in this subparagraph 

24 may be construed to prevent the filing 

25 of a petition with the Secretary of 


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1 Homeland Security for classification 

2 under section 204(a), by an alien phy3 sician described in subclause (I) prior 

4 to the date by which such alien physi5 cian has completed the service de6 scribed in subclause (II) or in section 

7 214(l). 

8 ‘‘(C) GUIDANCE AND RULES.—The Sec9 retary may prescribe such policy guidance and 

10 rules as the Secretary considers appropriate for 

11 purposes of subparagraph (A) to ensure national 

12 security and promote the interests and competi13 tiveness of the United States. Such rules shall in14 clude a definition of the term ‘Federal national 

15 security, science, and technology laboratories, 

16 centers, and agencies’ for purposes of clause (ii) 

17 of subparagraph (A), which shall include the fol18 lowing: 

19 ‘‘(i) The national security, science, and 

20 technology laboratories, centers, and agen21 cies of the Department of Defense, the De22 partment of Energy, the Department of 

23 Homeland Security, the elements of the in24 telligence community (as that term is de25 fined in section 4(3) of the National SecuVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01213 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 rity Act of 1947), and any other depart2 ment or agency of the Federal Government 

3 that conducts or funds research and develop4 ment in the essential national interest. 

5 ‘‘(ii) Federally funded research and de6 velopment centers (FFRDCs) that are pri7 marily supported by a department or agen8 cy of the Federal Government specified in 

9 clause (i).’’. 

10 (3) SKILLED WORKERS, PROFESSIONALS, AND

11 OTHER WORKERS.— 

12 (A) IN GENERAL.—Section 203(b)(3)(A) (8 

13 U.S.C. 1153(b)(3)(A)) is amended by striking 

14 ‘‘in a number not to exceed 28.6 percent of such 

15 worldwide level, plus any visas not required for 

16 the classes specified in paragraphs (1) and (2),’’ 

17 and inserting ‘‘in a number not to exceed 40 per18 cent of the worldwide level authorized in section 

19 201(d), plus any visas not required for the class 

20 specified in paragraph (2),’’. 

21 (B) MEDICAL LICENSE REQUIREMENTS.— 

22 Section 214(i)(2)(A) (8 U.S.C. 1184(i)(2)(A)) is 

23 amended by adding at the end ‘‘including in the 

24 case of a medical doctor, the licensure required 

25 to practice medicine in the United States,’’. 


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1 (C) REPEAL OF LIMITATION ON OTHER

2 WORKERS.—Section 203(b)(3) (8 U.S.C. 

3 1153(b)(3)) is amended— 

4 (i) by striking subparagraph (B); and 

5 (ii) redesignated subparagraph (C) as 

6 subparagraph (B). 

7 (4) CERTAIN SPECIAL IMMIGRANTS.—Section 

8 203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by strik9 ing ‘‘in a number not to exceed 7.1 percent of such 

10 worldwide level,’’ and inserting ‘‘in a number not to 

11 exceed 10 percent of the worldwide level authorized in 

12 section 201(d), plus any visas not required for the 

13 class specified in paragraph (3),’’. 

14 (5) EMPLOYMENT CREATION.—Section 

15 203(b)(5)(A) (8 U.S.C. 1153(b)(5)(A)) is amended by 

16 striking ‘‘in a number not to exceed 7.1 percent of 

17 such worldwide level,’’ and inserting ‘‘in a number 

18 not to exceed 10 percent of the worldwide level author19 ized in section 201(d), plus any visas not required for 

20 the class specified in paragraph (4),’’. 

21 (d) NATURALIZATION OF EMPLOYEES OF CERTAIN NA22 TIONAL SECURITY FACILITIES WITHOUT REGARD TO RESI23 DENCY REQUIREMENTS.—Section 316 (8 U.S.C. 1427) is 

24 amended by adding at the end the following: 


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1 ‘‘(g)(1) Any person who, while an alien or a noncitizen 

2 national of the United States, has been employed in a re3 search capacity at a Federal national security, science, and 

4 technology laboratory, center, or agency (as defined pursu5 ant to section 203(b)(2)(C)) for a period or periods aggre6 gating one year or more may, in the discretion of the Sec7 retary, be naturalized without regard to the residence re8 quirements of this section if the person— 

9 ‘‘(A) has complied with all requirements as de10 termined by the Secretary of Homeland Security, the 

11 Secretary of Defense, the Secretary of Energy, or the 

12 head of a petitioning department or agency of the 

13 Federal Government, including contractual require14 ments to maintain employment in a research capac15 ity with a Federal national security, science, and 

16 technology laboratory, center, or agency for a period 

17 not to exceed five years; and 

18 ‘‘(B) has favorably completed and adjudicated a 

19 background investigation at the appropriate level, 

20 from the employing department or agency of the Fed21 eral Government within the last five years. 

22 ‘‘(2) The number of aliens or noncitizen nationals nat23 uralized in any fiscal year under this subsection shall not 

24 exceed a number as defined by the Secretary of Homeland 


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1 Security, in consultation with the head of the petitioning 

2 department or agency of the Federal Government.’’. 

3 SEC. 2308. INCLUSION OF COMMUNITIES ADVERSELY AF4 FECTED BY A RECOMMENDATION OF THE DE5 FENSE BASE CLOSURE AND REALIGNMENT 

6 COMMISSION AS TARGETED EMPLOYMENT 

7 AREAS. 

8 (a) IN GENERAL.—Section 203(b)(5)(B)(ii) (8 U.S.C. 

9 1153(b)(5)(B)(ii)) is amended by inserting ‘‘, any commu10 nity adversely affected by a recommendation by the Defense 

11 Base Closure and Realignment Commission,’’ after ‘‘rural 

12 area’’. 

13 (b) REGULATIONS.—The Secretary, in consultation 

14 with the Secretary of Defense, shall implement the amend15 ment made by subsection (a) through appropriate regula16 tions. 

17 SEC. 2309. V NONIMMIGRANT VISAS. 

18 (a) NONIMMIGRANT ELIGIBILITY.—Subparagraph (V) 

19 of section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended to 

20 read as follows: 

21 ‘‘(V)(i) subject to section 214(q)(1) and sec22 tion 212(a)(4), an alien who is the beneficiary of 

23 an approved petition under section 203(a) as— 

24 ‘‘(I) the unmarried son or unmarried 

25 daughter of a citizen of the United States; 


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1 ‘‘(II) the unmarried son or unmarried 

2 daughter of an alien lawfully admitted for 

3 permanent residence; or 

4 ‘‘(III) the married son or married 

5 daughter of a citizen of the United States 

6 and who is 31 years of age or younger; or 

7 ‘‘(ii) subject to section 214(q)(2), an alien 

8 who is— 

9 ‘‘(I) the sibling of a citizen of the 

10 United States; or 

11 ‘‘(II) the married son or married 

12 daughter of a citizen of the United States 

13 and who is older than 31 years of age;’’. 

14 (b) EMPLOYMENT AND PERIOD OF ADMISSION OF NON15 IMMIGRANTS DESCRIBED IN SECTION 101(A)(15)(V).—Sec16 tion 214(q) (8 U.S.C. 1184(q)) is amended to read as fol17 lows: 

18 ‘‘(q) NONIMMIGRANTS DESCRIBED IN SECTION

19 101(A)(15)(V).— 

20 ‘‘(1) CERTAIN SONS AND DAUGHTERS.— 

21 ‘‘(A) EMPLOYMENT AUTHORIZATION.—The 

22 Secretary shall— 

23 ‘‘(i) authorize a nonimmigrant admit24 ted pursuant to section 101(a)(15)(V)(i) to 

25 engage in employment in the United States 


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1 during the period of such nonimmigrant’s 

2 authorized admission; and 

3 ‘‘(ii) provide such a nonimmigrant 

4 with an ‘employment authorized’ endorse5 ment or other appropriate document signi6 fying authorization of employment. 

7 ‘‘(B) TERMINATION OF ADMISSION.—The 

8 period of authorized admission for such a non9 immigrant shall terminate 30 days after the date 

10 on which— 

11 ‘‘(i) such nonimmigrant’s application 

12 for an immigrant visa pursuant to the ap13 proval of a petition under subsection (a) or 

14 (c) of section 203 is denied; or 

15 ‘‘(ii) such nonimmigrant’s application 

16 for adjustment of status under section 245 

17 pursuant to the approval of such a petition 

18 is denied. 

19 ‘‘(2) SIBLINGS AND SONS AND DAUGHTERS OF

20 CITIZENS.— 

21 ‘‘(A) EMPLOYMENT AUTHORIZATION.—The 

22 Secretary may not authorize a nonimmigrant 

23 admitted pursuant to section 101(a)(15)(V)(ii) to 

24 engage in employment in the United States. 


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1 ‘‘(B) PERIOD OF ADMISSION.—The period of 

2 authorized admission as such a nonimmigrant 

3 may not exceed 60 days per fiscal year. 

4 ‘‘(C) TREATMENT OF PERIOD OF ADMIS5 SION.—An alien admitted under section 

6 101(a)(15)(V) may not receive an allocation of 

7 points pursuant to section 203(c) for residence in 

8 the United States while admitted as such a non9 immigrant.’’. 

10 (c) PUBLIC BENEFITS.—A noncitizen who is lawfully 

11 present in the United States pursuant to section 

12 101(a)(15)(V) of the Immigration and Nationality Act (8 

13 U.S.C. 1101(a)(15)(V)) is not eligible for any means-tested 

14 public benefits (as such term is defined and implemented 

15 in section 403 of the Personal Responsibility and Work Op16 portunity Reconciliation Act of 1996 (8 U.S.C. 1613)). A 

17 noncitizen admitted under this section— 

18 (1) is not entitled to the premium assistance tax 

19 credit authorized under section 36B of the Internal 

20 Revenue Code of 1986 for his or her coverage; 

21 (2) shall be subject to the rules applicable to in22 dividuals not lawfully present that are set forth in 

23 subsection (e) of such section; 

24 (3) shall be subject to the rules applicable to in25 dividuals not lawfully present that are set forth in 


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1 section 1402(e) of the Patient Protection and Afford2 able Care Act (42 U.S.C. 18071(e)); and 

3 (4) shall be subject to the rules applicable to in4 dividuals not lawfully present set forth in section 

5 5000A(d)(3) of the Internal Revenue Code of 1986. 

6 (d) EFFECTIVE DATE.—The amendments made by this 

7 section shall take effect on the first day of the first fiscal 

8 year beginning after the date of the enactment of this Act. 

9 SEC. 2310. FIANCE ́ E AND FIANCE ́ CHILD STATUS PROTEC10 TION. 

11 (a) DEFINITION.—Section 101(a)(15)(K) (8 U.S.C. 

12 1101(a)(15)(K), as amended by section 2305(d)(6)(B)(i)(I), 

13 is further amended— 

14 (1) in clause (i), by inserting ‘‘or of an alien 

15 lawfully admitted for permanent residence’’ after 

16 ‘‘204(a)(1)(H)(i))’’; 

17 (2) in clause (ii), by inserting ‘‘or of an alien 

18 lawfully admitted for permanent residence’’ after 

19 ‘‘204(a)(1)(H)(i))’’; and 

20 (3) in clause (iii), by striking the semicolon and 

21 inserting ‘‘, provided that a determination of the age 

22 of such child is made using the age of the alien on 

23 the date on which the fiance ́, fiance ́e, or immigrant 

24 visa petition is filed with the Secretary of Homeland 

25 Security to classify the alien’s parent as the fiance ́e 


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1 or fiance ́ of a United States citizen or of an alien 

2 lawfully admitted for permanent residence (in the 

3 case of an alien parent described in clause (i)) or as 

4 the spouse of a citizen of the United States or of an 

5 alien lawfully admitted to permanent residence under 

6 section 201(b)(2)(A) (in the case of an alien parent 

7 described in clause (ii));’’. 

8 (b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 

9 214(d) (8 U.S.C. 1184(d)) is amended— 

10 (1) by redesignating paragraphs (2) and (3) as 

11 paragraphs (3) and (4), respectively; and 

12 (2) in paragraph (1), by striking ‘‘In the event’’ 

13 and all that follows through the end; and 

14 (3) by inserting after paragraph (1) the fol15 lowing: 

16 ‘‘(2)(A) If an alien does not marry the petitioner 

17 under paragraph (1) within 3 months after the alien and 

18 the alien’s children are admitted into the United States, 

19 the visa previously issued under the provisions of section 

20 1101(a)(15)(K)(i) shall automatically expire and such alien 

21 and children shall be required to depart from the United 

22 States. If such aliens fail to depart from the United States, 

23 they shall be placed in proceedings in accordance with sec24 tions 240 and 241. 


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1 ‘‘(B) Subject to subparagraphs (C) and (D), if an alien 

2 marries the petitioner described in section 101(a)(15)(K)(i) 

3 within 90 days after the alien is admitted into the United 

4 States, the Secretary or the Attorney General, subject to the 

5 provisions of section 245(d), may adjust the status of the 

6 alien, and any children accompanying or following to join 

7 the alien, to that of an alien lawfully admitted for perma8 nent residence on a conditional basis under section 216 if 

9 the alien and any such children apply for such adjustment 

10 and are not determined to be inadmissible to the United 

11 States. If the alien does not apply for such adjustment with12 in 6 months after the marriage, the visa issued under the 

13 provisions of section 1101(a)(15)(K) shall automatically ex14 pire. 

15 ‘‘(C) Paragraphs (5) and (7)(A) of section 212(a) shall 

16 not apply to an alien who is eligible to apply for adjust17 ment of the alien’s status to an alien lawfully admitted for 

18 permanent residence under this section. 

19 ‘‘(D) An alien eligible for a waiver of inadmissibility 

20 as otherwise authorized under this Act or the Border Secu21 rity, Economic Opportunity, and Immigration Moderniza22 tion Act shall be permitted to apply for adjustment of the 

23 alien’s status to that of an alien lawfully admitted for per24 manent residence under this section.’’. 


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1 (c) AGE DETERMINATION.—Section 245(d) (8 U.S.C. 

2 1255(d)) is amended— 

3 (1) by striking ‘‘The Attorney General’’ and in4 serting ‘‘(1) The Secretary of Homeland Security’’; 

5 (2) in paragraph (1), as redesignated, by strik6 ing ‘‘Attorney General’’ and inserting ‘‘Secretary’’; 

7 and 

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

9 ‘‘(2) A determination of the age of an alien admitted 

10 to the United States under section 101(a)(15)(K)(iii) shall 

11 be made, for purposes of adjustment to the status of an alien 

12 lawfully admitted for permanent residence on a conditional 

13 basis under section 216, using the age of the alien on the 

14 date on which the fiance ́, fiance ́e, or immigrant visa peti15 tion was filed with the Secretary of Homeland Security to 

16 classify the alien’s parent as the fiance ́e or fiance ́ of a 

17 United States citizen or of an alien lawfully admitted to 

18 permanent residence (in the case of an alien parent admit19 ted to the United States under section 101(a)(15)(K)(i)) or 

20 as the spouse of a United States citizen or of an alien law21 fully admitted to permanent residence under section 

22 201(b)(2)(A) (in the case of an alien parent admitted to 

23 the United States under section 101(a)(15)(K)(ii)).’’. 

24 (d) APPLICABILITY.—The amendments made by this 

25 section shall apply to all petitions or applications described 


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1 in such amendments that are pending as of the date of the 

2 enactment of the Border Security, Economic Opportunity, 

3 and Immigration Modernization Act. 

4 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 (1) DEFINITIONS.—Section 101(a)(15)(K) (8 

6 U.S.C. 1101(a)(15)(K)), as amended by subsection 

7 (a), is further amended— 

8 (A) in clause (ii), by striking ‘‘section 

9 201(b)(2)(A)(i)’’ and inserting ‘‘section 

10 201(b)(2)’’; and 

11 (B) in clause (iii), by striking ‘‘section 

12 201(b)(2)(A)(i)’’ and inserting ‘‘section 

13 201(b)(2)’’. 

14 (2) AGE DETERMINATION.—Paragraph (2) of sec15 tion 245(d) (8 U.S.C. 1255(d)), as added by sub16 section (c), is amended by striking section 

17 ‘‘201(b)(2)(A)(i)’’ and inserting ‘‘201(b)(2)’’. 

18 (3) EFFECTIVE DATE.—The amendments made 

19 by this subsection shall take effect on the first day of 

20 the first fiscal year beginning no earlier than 1 year 

21 after the date of the enactment of this Act. 

22 SEC. 2311. EQUAL TREATMENT FOR ALL STEPCHILDREN. 

23 Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is 

24 amended by striking ‘‘eighteen years’’ and inserting ‘‘21 

25 years’’. 


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1 SEC. 2312. MODIFICATION OF ADOPTION AGE REQUIRE2 MENTS. 

3 Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended— 

4 (1) in subparagraph (E)— 

5 (A) by striking ‘‘(E)(i)’’ and inserting 

6 ‘‘(E)’’; 

7 (B) by striking ‘‘under the age of sixteen 

8 years’’ and inserting ‘‘younger than 18 years of 

9 age, or a child adopted when 18 years of age or 

10 older if the adopting parent or parents initiated 

11 the legal adoption process before the child 

12 reached 18 years of age’’; 

13 (C) by striking ‘‘; or’’ and inserting a semi14 colon; and 

15 (D) by striking clause (ii); 

16 (2) in subparagraph (F)— 

17 (A) by striking ‘‘(F)(i)’’ and inserting 

18 ‘‘(F)’’; 

19 (B) by striking ‘‘sixteen’’ and inserting 

20 ‘‘18’’; 

21 (C) by striking ‘‘Attorney General’’ and in22 serting ‘‘Secretary of Homeland Security’’; and 

23 (D) by striking clause (ii); and 

24 (3) in subparagraph (G), by striking ‘‘16’’ and 

25 inserting ‘‘18’’. 


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1 SEC. 2313. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS. 

2 (a) IN GENERAL.— 

3 (1) SPECIAL RULE FOR ORPHANS AND

4 SPOUSES.—In applying clauses (iii) and (iv) of sec5 tion 201(b)(2)(B) of the Immigration and Nationality 

6 Act, as added by section 2305(a) of this Act, to an 

7 alien whose citizen or lawful permanent resident rel8 ative died before the date of the enactment of this Act, 

9 the alien relative may file the classification petition 

10 under section 204(a)(1)(A)(ii) of the Immigration 

11 and Nationality Act not later than 2 years after the 

12 date of the enactment of this Act. 

13 (2) ELIGIBILITY FOR PAROLE.—If an alien was 

14 excluded, deported, removed, or departed voluntarily 

15 before the date of the enactment of this Act based sole16 ly upon the alien’s lack of classification as an imme17 diate relative (as defined in section 201(b)(2)(B)(iv) 

18 of the Immigration and Nationality Act, as amended 

19 by section 2305(a) of this Act) due to the death of 

20 such citizen or resident— 

21 (A) such alien shall be eligible for parole 

22 into the United States pursuant to the Sec23 retary’s discretionary authority under section 

24 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); and 

25 (B) such alien’s application for adjustment 

26 of status shall be considered by the Secretary 


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1 notwithstanding section 212(a)(9) of such Act (8 

2 U.S.C. 1182(a)(9)). 

3 (3) ELIGIBILITY FOR PAROLE.—If an alien de4 scribed in section 204(l) of the Immigration and Na5 tionality Act (8 U.S.C. 1154(l)) was excluded, de6 ported, removed, or departed voluntarily before the 

7 date of the enactment of this Act— 

8 (A) such alien shall be eligible for parole 

9 into the United States pursuant to the Sec10 retary’s discretionary authority under section 

11 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); and 

12 (B) such alien’s application for adjustment 

13 of status shall be considered by the Secretary 

14 notwithstanding section 212(a)(9) of such Act (8 

15 U.S.C. 1182(a)(9)). 

16 (b) PROCESSING OF IMMIGRANT VISAS AND DERIVA17 TIVE PETITIONS.— 

18 (1) IN GENERAL.—Section 204(b) (8 U.S.C. 

19 1154(b)) is amended— 

20 (A) by striking ‘‘After an investigation’’ 

21 and inserting ‘‘(1) After an investigation’’; and 

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

23 ‘‘(2)(A) Any alien described in subparagraph (B) 

24 whose qualifying relative died before the completion of im25 migrant visa processing may have an immigrant visa apVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01228 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 plication adjudicated as if such death had not occurred. An 

2 immigrant visa issued before the death of the qualifying rel3 ative shall remain valid after such death. 

4 ‘‘(B) An alien described in this subparagraph is an 

5 alien who— 

6 ‘‘(i) is an immediate relative (as described in 

7 section 201(b)(2)(B)); 

8 ‘‘(ii) is a family-sponsored immigrant (as de9 scribed in subsection (a) or (d) of section 203); 

10 ‘‘(iii) is a derivative beneficiary of an employ11 ment-based immigrant under section 203(b) (as de12 scribed in section 203(d)); or 

13 ‘‘(iv) is the spouse or child of a refugee (as de14 scribed in section 207(c)(2)) or an asylee (as de15 scribed in section 208(b)(3)).’’. 

16 (2) TRANSITION PERIOD.— 

17 (A) IN GENERAL.—Notwithstanding a de18 nial or revocation of an application for an im19 migrant visa for an alien due to the death of the 

20 qualifying relative before the date of the enact21 ment of this Act, such application may be re22 newed by the alien through a motion to reopen, 

23 without fee. 

24 (B) INAPPLICABILITY OF BARS TO ENTRY.— 

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1 gration and Nationality Act (8 U.S.C. 

2 1182(a)(9)), an alien’s application for an immi3 grant visa shall be considered if the alien was ex4 cluded, deported, removed, or departed volun5 tarily before the date of the enactment of this 

6 Act. 

7 (c) NATURALIZATION.—Section 319(a) (8 U.S.C. 

8 1430(a)) is amended by striking ‘‘States,’’ and inserting 

9 ‘‘States (or if the spouse is deceased, the spouse was a citizen 

10 of the United States),’’. 

11 (d) WAIVERS OF INADMISSIBILITY.—Section 212 (8 

12 U.S.C. 1182) is amended by adding at the end the following: 

13 ‘‘(v) CONTINUED WAIVER ELIGIBILITY FOR WIDOWS, 

14 WIDOWERS, AND ORPHANS.—In the case of an alien who 

15 would have been statutorily eligible for any waiver of inad16 missibility under this Act but for the death of a qualifying 

17 relative, the eligibility of such alien shall be preserved as 

18 if the death had not occurred and the death of the qualifying 

19 relative shall be the functional equivalent of hardship for 

20 purposes of any waiver of inadmissibility which requires 

21 a showing of hardship.’’. 

22 (e) SURVIVING RELATIVE CONSIDERATION FOR CER23 TAIN PETITIONS AND APPLICATIONS.—Section 204(l)(1) (8 

24 U.S.C. 1154(l)(1)) is amended— 


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1 (1) by striking ‘‘who resided in the United States 

2 at the time of the death of the qualifying relative and 

3 who continues to reside in the United States’’; and 

4 (2) by striking ‘‘related applications,’’ and in5 serting ‘‘related applications (including affidavits of 

6 support),’’. 

7 (f) FAMILY-SPONSORED IMMIGRANTS.—Section 

8 212(a)(4)(C)(i) (8 U.S.C. 1182(a)(4)(C)(i)), as amended by 

9 section 2305(d)(6)(B)(iii), is further amended by adding at 

10 the end the following: 

11 ‘‘(III) the status as a surviving 

12 relative under 204(l); or’’. 

13 SEC. 2314. DISCRETIONARY AUTHORITY WITH RESPECT TO 

14 REMOVAL, DEPORTATION, OR INADMIS15 SIBILITY OF CITIZEN AND RESIDENT IMME16 DIATE FAMILY MEMBERS. 

17 (a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 

18 Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by 

19 adding at the end the following: 

20 ‘‘(D) JUDICIAL DISCRETION.—In the case of 

21 an alien subject to removal, deportation, or inad22 missibility, the immigration judge may exercise 

23 discretion to decline to order the alien removable, 

24 deportable, or inadmissible from the United 

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1 termines that such removal, deportation, or in2 admissibility is against the public interest or 

3 would result in hardship to the alien’s United 

4 States citizen or lawful permanent resident par5 ent, spouse, or child, or the judge determines the 

6 alien is prima facie eligible for naturalization 

7 except that this subparagraph shall not apply to 

8 an alien whom the judge determines— 

9 ‘‘(i) is inadmissible or deportable 

10 under— 

11 ‘‘(I) subparagraph (B), (C), 

12 (D)(ii), (E), (H), (I), or (J) of section 

13 212(a)(2); 

14 ‘‘(II) section 212(a)(3); 

15 ‘‘(III) subparagraph (A), (C), or 

16 (D) of section 212(a)(10); or 

17 ‘‘(IV) paragraph (2)(A)(ii), 

18 (2)(A)(v), (2)(F), (4), or (6) of section 

19 237(a); or 

20 ‘‘(ii) has— 

21 ‘‘(I) engaged in conduct described 

22 in paragraph (8) or (9) of section 103 

23 of the Trafficking Victims Protection 

24 Act of 2000 (22 U.S.C. 7102); or 


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1 ‘‘(II) a felony conviction described 

2 in section 101(a)(43) that would have 

3 been classified as an aggravated felony 

4 at the time of conviction.’’. 

5 (b) SECRETARY’S DISCRETION.—Section 212 (8 U.S.C. 

6 1182), as amended by section 2313(d), is further amended 

7 by adding at the end the following: 

8 ‘‘(w) SECRETARY’S DISCRETION.—In the case of an 

9 alien who is inadmissible under this section or deportable 

10 under section 237, the Secretary of Homeland Security may 

11 exercise discretion to waive a ground of inadmissibility or 

12 deportability if the Secretary determines that such removal 

13 or refusal of admission is against the public interest or 

14 would result in hardship to the alien’s United States citizen 

15 or permanent resident parent, spouse, or child. This sub16 section shall not apply to an alien whom the Secretary de17 termines— 

18 ‘‘(1) is inadmissible or deportable under— 

19 ‘‘(A) subparagraph (B), (C), (D)(ii), (E), 

20 (H), (I), or (J) of subsection (a)(2); 

21 ‘‘(B) subsection (a)(3); 

22 ‘‘(C) subparagraph (A), (C), or (D) of sub23 section (a)(10); 

24 ‘‘(D) paragraphs (2)(A)(ii), (2)(A)(v), 

25 (2)(F), or (6) of section 237(a); or 


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1 ‘‘(E) section 240(c)(4)(D)(ii)(II); or 

2 ‘‘(2) has— 

3 ‘‘(A) engaged in conduct described in para4 graph (8) or (9) of section 103 of the Trafficking 

5 Victims Protection Act of 2000 (22 U.S.C. 7102); 

6 or 

7 ‘‘(B) a felony conviction described in section 

8 101(a)(43) that would have been classified as an 

9 aggravated felony at the time of conviction.’’. 

10 (c) REINSTATEMENT OF REMOVAL ORDERS.—Section 

11 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by striking the 

12 period at the end and inserting ‘‘, unless the alien reentered 

13 prior to attaining the age of 18 years, or reinstatement of 

14 the prior order of removal would not be in the public inter15 est or would result in hardship to the alien’s United States 

16 citizen or permanent resident parent, spouse, or child.’’. 

17 SEC. 2315. WAIVERS OF INADMISSIBILITY. 

18 (a) ALIENS WHO ENTERED AS CHILDREN.—Section 

19 212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended 

20 by adding at the end the following: 

21 ‘‘(VI) ALIENS WHO ENTERED AS

22 CHILDREN.—Clause (i) shall not apply 

23 to an alien who is the beneficiary of an 

24 approved petition under 101(a)(15)(H) 

25 and who has earned a baccalaureate or 


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1 higher degree from a United States in2 stitution of higher education (as de3 fined in section 101(a) of the Higher 

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

5 1001(a)), and had not yet reached the 

6 age of 16 years at the time of initial 

7 entry to the United States.’’. 

8 (b) ALIENS UNLAWFULLY PRESENT.—Section 

9 212(a)(9)(B)(v) (8 U.S.C. 1181(a)(9)(B)(v) is amended— 

10 (1) by striking ‘‘spouse or son or daughter’’ and 

11 inserting ‘‘spouse, son, daughter, or parent’’; 

12 (2) by striking ‘‘extreme’’; and 

13 (3) by inserting ‘‘, child,’’ after ‘‘lawfully resi14 dent spouse’’. 

15 (c) PREVIOUS IMMIGRATION VIOLATIONS.—Section 

16 212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended by 

17 adding ‘‘, other than an alien described in clause (iii) or 

18 (iv) of subparagraph (B),’’ after ‘‘Any alien’’. 

19 (d) FALSE CLAIMS.— 

20 (1) INADMISSIBILITY.— 

21 (A) IN GENERAL.—Section 212(a)(6)(C) (8 

22 U.S.C. 1182(a)(6)(C)) is amended to read as fol23 lows: 

24 ‘‘(C) MISREPRESENTATION.— 


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1 ‘‘(i) IN GENERAL.—Any alien who, by 

2 fraud or willfully misrepresenting a mate3 rial fact, seeks to procure (or within the last 

4 3 years has sought to procure or has pro5 cured) a visa, other documentation, or ad6 mission into the United States or other ben7 efit provided under this Act is inadmissible. 

8 ‘‘(ii) FALSELY CLAIMING CITIZEN9 SHIP.— 

10 ‘‘(I) INADMISSIBILITY.—Subject to 

11 subclause (II), any alien who know12 ingly misrepresents himself or herself 

13 to be a citizen of the United States for 

14 any purpose or benefit under this 

15 chapter (including section 274A) or 

16 any other Federal or State law is in17 admissible. 

18 ‘‘(II) SPECIAL RULE FOR CHIL19 DREN.—An alien shall not be inadmis20 sible under this clause if the misrepre21 sentation described in subclause (I) 

22 was made by the alien when the 

23 alien— 

24 ‘‘(aa) was under 18 years of 

25 age; or 


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1 ‘‘(bb) otherwise lacked the 

2 mental competence to knowingly 

3 misrepresent a claim of United 

4 States citizenship. 

5 ‘‘(iii) WAIVER.—The Attorney General 

6 or the Secretary of Homeland Security 

7 may, in the discretion of the Attorney Gen8 eral or the Secretary, waive the application 

9 of clause (i) or (ii)(I) for an alien, regard10 less whether the alien is within or outside 

11 the United States, if the Attorney General 

12 or the Secretary finds that a determination 

13 of inadmissibility to the United States for 

14 such alien would— 

15 ‘‘(I) result in extreme hardship to 

16 the alien or to the alien’s parent, 

17 spouse, son, or daughter who is a cit18 izen of the United States or an alien 

19 lawfully admitted for permanent resi20 dence; or 

21 ‘‘(II) in the case of a VAWA self22 petitioner, result in significant hard23 ship to the alien or a parent or child 

24 of the alien who is a citizen of the 

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1 mitted for permanent residence, or a 

2 qualified alien (as defined in section 

3 431 of the Personal Responsibility and 

4 Work Opportunity Reconciliation Act 

5 of 1996 (8 U.S.C. 1641(b))). 

6 ‘‘(iv) LIMITATION ON REVIEW.—No 

7 court shall have jurisdiction to review a de8 cision or action of the Attorney General or 

9 the Secretary regarding a waiver under 

10 clause (iii).’’. 

11 (B) CONFORMING AMENDMENT.—Section 

12 212 (8 U.S.C. 1182) is amended by striking sub13 section (i). 

14 (2) DEPORTABILITY.—Section 237(a)(3)(D) (8 

15 U.S.C. 1227(a)(3)(D)) is amended to read as follows: 

16 ‘‘(D) FALSELY CLAIMING CITIZENSHIP.— 

17 Any alien described in section 212(a)(6)(C)(ii) is 

18 deportable.’’. 

19 SEC. 2316. CONTINUOUS PRESENCE. 

20 Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amended 

21 to read as follows: 

22 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.— 

23 For purposes of this section, any period of continuous 

24 residence or continuous physical presence in the 

25 United States shall be deemed to end, except in the 


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1 case of an alien who applies for cancellation of re2 moval under subsection (b)(2), on the date that a no3 tice to appear is filed with the Executive Office for 

4 Immigration Review pursuant to section 240.’’. 

5 SEC. 2317. GLOBAL HEALTH CARE COOPERATION. 

6 (a) TEMPORARY ABSENCE OF ALIENS PROVIDING

7 HEALTH CARE IN DEVELOPING COUNTRIES.— 

8 (1) IN GENERAL.—Title III (8 U.S.C. 1401 et 

9 seq.) is amended by inserting after section 317 the fol10 lowing: 

11 ‘‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING 

12 HEALTH CARE IN DEVELOPING COUNTRIES. 

13 ‘‘(a) IN GENERAL.—Notwithstanding any other provi14 sion of this Act, the Secretary of Homeland Security shall 

15 allow an eligible alien and the spouse or child of such alien 

16 to reside in a candidate country during the period that the 

17 eligible alien is working as a physician or other health care 

18 worker in a candidate country. During such period the eli19 gible alien and such spouse or child shall be 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 ‘candidate 

2 country’ means a country that the Secretary of State 

3 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 alien’ 

23 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 Se4 curity shall consult with the Secretary of State in carrying 

5 out this section. 

6 ‘‘(d) PUBLICATION.—The Secretary of State shall pub7 lish— 

8 ‘‘(1) not later than 180 days after the date of the 

9 enactment of the Border Security, Economic Oppor10 tunity, and Immigration Modernization Act, a list of 

11 candidate countries; 

12 ‘‘(2) an updated version of the list required by 

13 paragraph (1) not less often than once each year; and 

14 ‘‘(3) an amendment to the list required by para15 graph (1) at the time any country qualifies as a can16 didate country due to special circumstances under 

17 subsection (b)(1)(C).’’. 

18 (2) RULEMAKING.— 

19 (A) REQUIREMENT.—Not later than 180 

20 days after the date of the enactment of this Act, 

21 the Secretary shall promulgate regulations to 

22 carry out the amendments made by this sub23 section. 

24 (B) CONTENT.—The regulations promul25 gated pursuant to subparagraph (A) shall— 


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1 (i) permit an eligible alien (as defined 

2 in section 317A of the Immigration and 

3 Nationality Act, as added by subsection (a)) 

4 and the spouse or child of the eligible alien 

5 to reside in a foreign country to work as a 

6 physician or other healthcare worker as de7 scribed in subsection (a) of such section 

8 317A for not less than a 12-month period 

9 and not more than a 24-month period, and 

10 shall permit the Secretary to extend such 

11 period for an additional period not to ex12 ceed 12 months, if the Secretary determines 

13 that such country has a continuing need for 

14 such a physician or other healthcare worker; 

15 (ii) provide for the issuance of docu16 ments by the Secretary to such eligible 

17 alien, and such spouse or child, if appro18 priate, to demonstrate that such eligible 

19 alien, and such spouse or child, if appro20 priate, is authorized to reside in such coun21 try under such section 317A; and 

22 (iii) provide for an expedited process 

23 through which the Secretary shall review 

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1 section (a) of such section 317A if the Sec2 retary of State determines a country is a 

3 candidate country pursuant to subsection 

4 (b)(1)(C) of such section 317A. 

5 (3) TECHNICAL AND CONFORMING AMEND6 MENTS.— 

7 (A) DEFINITION.—Section 101(a)(13)(C)(ii) 

8 (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by 

9 adding ‘‘except in the case of an eligible alien, 

10 or the spouse or child of such alien, who is au11 thorized to be absent from the United States 

12 under section 317A,’’ at the end. 

13 (B) DOCUMENTARY REQUIREMENTS.—Sec14 tion 211(b) (8 U.S.C. 1181(b)) is amended by 

15 inserting ‘‘, including an eligible alien author16 ized to reside in a foreign country under section 

17 317A and the spouse or child of such eligible 

18 alien, if appropriate,’’ after ‘‘101(a)(27)(A),’’. 

19 (C) INELIGIBLE ALIENS.—Section 

20 212(a)(7)(A)(i)(I) (8 U.S.C. 1182(a)(7)(A)(i)(I)) 

21 is amended by inserting ‘‘other than an eligible 

22 alien authorized to reside in a foreign country 

23 under section 317A and the spouse or child of 

24 such eligible alien, if appropriate,’’ after ‘‘Act,’’. 


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1 (4) CLERICAL AMENDMENT.—The table of con2 tents of such Act is amended by inserting after the 

3 item relating to section 317 the following: 

‘‘Sec. 317A. Temporary absence of aliens providing health care in developing 

countries.’’. 

4 (b) ATTESTATION BY HEALTH CARE WORKERS.— 

5 (1) ATTESTATION REQUIREMENT.—Section 

6 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by add7 ing at the end the following: 

8 ‘‘(E) HEALTH CARE WORKERS WITH OTHER

9 OBLIGATIONS.— 

10 ‘‘(i) IN GENERAL.—An alien who seeks 

11 to enter the United States for the purpose of 

12 performing labor as a physician or other 

13 health care worker is inadmissible unless 

14 the alien submits to the Secretary of Home15 land Security or the Secretary of State, as 

16 appropriate, an attestation that the alien is 

17 not seeking to enter the United States for 

18 such purpose during any period in which 

19 the alien has an outstanding obligation to 

20 the government of the alien’s country of ori21 gin or the alien’s country of residence. 

22 ‘‘(ii) OBLIGATION DEFINED.—In this 

23 subparagraph, the term ‘obligation’ means 

24 an obligation incurred as part of a valid, 


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1 voluntary individual agreement in which 

2 the alien received financial assistance to de3 fray the costs of education or training to 

4 qualify as a physician or other health care 

5 worker in consideration for a commitment 

6 to work as a physician or other health care 

7 worker in the alien’s country of origin or 

8 the alien’s country of residence. 

9 ‘‘(iii) WAIVER.—The Secretary of 

10 Homeland Security may waive a finding of 

11 inadmissibility under clause (i) if the Sec12 retary determines that— 

13 ‘‘(I) the obligation was incurred 

14 by coercion or other improper means; 

15 ‘‘(II) the alien and the govern16 ment of the country to which the alien 

17 has an outstanding obligation have 

18 reached a valid, voluntary agreement, 

19 pursuant to which the alien’s obliga20 tion has been deemed satisfied, or the 

21 alien has shown to the satisfaction of 

22 the Secretary that the alien has been 

23 unable to reach such an agreement be24 cause of coercion or other improper 

25 means; or 


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1 ‘‘(III) the obligation should not be 

2 enforced due to other extraordinary 

3 circumstances, including undue hard4 ship that would be suffered by the alien 

5 in the absence of a waiver.’’. 

6 (2) EFFECTIVE DATE.—The amendment made by 

7 paragraph (1) shall take effect on the date that is 180 

8 days after the date of the enactment of this Act. 

9 (3) APPLICATION.—Not later than the effective 

10 date described in paragraph (2), the Secretary shall 

11 begin to carry out subparagraph (E) of section 

12 212(a)(5) of the Immigration and Nationality Act, as 

13 added by paragraph (1), including the requirement 

14 for the attestation and the granting of a waiver de15 scribed in clause (iii) of such subparagraph (E), re16 gardless of whether regulations to implement such 

17 subparagraph have been promulgated. 

18 SEC. 2318. EXTENSION AND IMPROVEMENT OF THE IRAQI 

19 SPECIAL IMMIGRANT VISA PROGRAM. 

20 The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 

21 note) is amended— 

22 (1) in section 1242, by amending subsection (c) 

23 to read as follows: 

24 ‘‘(c) IMPROVED APPLICATION PROCESS.—Not later 

25 than 120 days after the date of the enactment of the Border 


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1 Security, Economic Opportunity, and Immigration Mod2 ernization Act, the Secretary of State and the Secretary of 

3 Homeland Security, in consultation with the Secretary of 

4 Defense, shall improve the efficiency by which applications 

5 for special immigrant visas under section 1244(a) are proc6 essed so that all steps incidental to the issuance of such 

7 visas, including required screenings and background checks, 

8 are completed not later than 9 months after the date on 

9 which an eligible alien applies for such visa.’’; 

10 (2) in section 1244— 

11 (A) in subsection (b)— 

12 (i) in paragraph (1)— 

13 (I) by amending subparagraph 

14 (B) to read as follows: 

15 ‘‘(B) was or is employed in Iraq on or after 

16 March 20, 2003, for not less than 1 year, by, or 

17 on behalf of— 

18 ‘‘(i) the United States Government; 

19 ‘‘(ii) a media or nongovernmental or20 ganization headquartered in the United 

21 States; or 

22 ‘‘(iii) an organization or entity closely 

23 associated with the United States mission 

24 in Iraq that has received United States 

25 Government funding through an official 


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1 and documented contract, award, grant, or 

2 cooperative agreement;’’; 

3 (II) in subparagraph (C), by 

4 striking ‘‘the United States Govern5 ment’’ and inserting ‘‘an entity or or6 ganization described in subparagraph 

7 (B)’’; and 

8 (III) in subparagraph (D), by 

9 striking by striking ‘‘the United States 

10 Government.’’ and inserting ‘‘such en11 tity or organization.’’; and 

12 (ii) in paragraph (4)— 

13 (I) by striking ‘‘A recommenda14 tion’’ and inserting the following: 

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

16 under subparagraph (B), a recommendation’’; 

17 (II) by striking ‘‘the United 

18 States Government prior’’ and insert19 ing ‘‘an entity or organization de20 scribed in paragraph (1)(B) prior’’; 

21 and 

22 (III) by adding at the end the fol23 lowing: 

24 ‘‘(B) REVIEW PROCESS FOR DENIAL BY

25 CHIEF OF MISSION.— 


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1 ‘‘(i) IN GENERAL.—An applicant who 

2 has been denied Chief of Mission approval 

3 required by subparagraph (A) shall— 

4 ‘‘(I) receive a written decision; 

5 and 

6 ‘‘(II) be provided 120 days from 

7 the date of the decision to request re8 opening of the decision to provide ad9 ditional information, clarify existing 

10 information, or explain any unfavor11 able information. 

12 ‘‘(ii) SENIOR COORDINATOR.—The Sec13 retary of State shall designate, in the Em14 bassy of the United States in Baghdad, 

15 Iraq, a senior coordinator responsible for 

16 overseeing the efficiency and integrity of the 

17 processing of special immigrant visas under 

18 this section, who shall be given— 

19 ‘‘(I) sufficiently high security 

20 clearance to review Chief of Mission 

21 denials in cases that appear to have re22 lied upon insufficient or incorrect in23 formation; and 

24 ‘‘(II) responsibility for ensuring 

25 that an applicant described in clause 


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1 (i) receives the information described 

2 in clause (i)(I).’’; and 

3 (B) in subsection (c)(3), by adding at the 

4 end the following: 

5 ‘‘(C) SUBSEQUENT FISCAL YEARS.—Not6 withstanding subparagraphs (A) and (B), and 

7 consistent with subsection (b), any unused bal8 ance of the total number of principal aliens who 

9 may be provided special immigrant status under 

10 this section in fiscal years 2008 through 2012 

11 may be carried forward and provided through 

12 the end of fiscal year 2018.’’; and 

13 (3) in section 1248, by adding at the end the fol14 lowing: 

15 ‘‘(f) REPORT ON IMPROVEMENTS.— 

16 ‘‘(1) IN GENERAL.—Not later than 120 days 

17 after the date of the enactment of the Border Security, 

18 Economic Opportunity, and Immigration Moderniza19 tion Act, the Secretary of State and the Secretary of 

20 Homeland Security, in consultation with the Sec21 retary of Defense, shall submit a report, with a classi22 fied annex, if necessary, to— 

23 ‘‘(A) the Committee on the Judiciary of the 

24 Senate; 


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1 ‘‘(B) the Committee on Foreign Relations of 

2 the Senate; 

3 ‘‘(C) the Committee on the Judiciary of the 

4 House of Representatives; and 

5 ‘‘(D) the Committee on Foreign Affairs of 

6 the House of Representatives. 

7 ‘‘(2) CONTENTS.—The report submitted under 

8 paragraph (1) shall describe the implementation of 

9 improvements to the processing of applications for 

10 special immigrant visas under section 1244(a), in11 cluding information relating to— 

12 ‘‘(A) enhancing existing systems for con13 ducting background and security checks of per14 sons applying for special immigrant status, 

15 which shall— 

16 ‘‘(i) support immigration security; and 

17 ‘‘(ii) provide for the orderly processing 

18 of such applications without delay; 

19 ‘‘(B) the financial, security, and personnel 

20 considerations and resources necessary to carry 

21 out this subtitle; 

22 ‘‘(C) the number of aliens who have applied 

23 for special immigrant visas under section 1244 

24 during each month of the preceding fiscal year; 


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1 ‘‘(D) the reasons for the failure to expedi2 tiously process any applications that have been 

3 pending for longer than 9 months; 

4 ‘‘(E) the total number of applications that 

5 are pending due to the failure— 

6 ‘‘(i) to receive approval from the Chief 

7 of Mission; 

8 ‘‘(ii) for U.S. Citizenship and Immi9 gration Services to complete the adjudica10 tion of the Form I–360; 

11 ‘‘(iii) to conduct a visa interview; or 

12 ‘‘(iv) to issue the visa to an eligible 

13 alien; 

14 ‘‘(F) the average wait times for an appli15 cant at each of the stages described in subpara16 graph (E); 

17 ‘‘(G) the number of denials or rejections at 

18 each of the stages described in subparagraph (E); 

19 and 

20 ‘‘(H) a breakdown of reasons for denials at 

21 by the Chief of Mission based on the categories 

22 already made available to denied special immi23 grant visa applicants in the denial letter sent to 

24 them by the Chief of Mission. 


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1 ‘‘(g) PUBLIC QUARTERLY REPORTS.—Not later than 

2 120 days after the date of the enactment of the Border Secu3 rity, Economic Opportunity, and Immigration Moderniza4 tion Act, and every 3 months thereafter, the Secretary of 

5 State and the Secretary of Homeland Security, in consulta6 tion with the Secretary of Defense, shall publish a report 

7 on the website of the Department of State that describes the 

8 efficiency improvements made in the process by which ap9 plications for special immigrant visas under section 

10 1244(a) are processed, including information described in 

11 subparagraphs (C) through (H) of subsection (f)(2).’’. 

12 SEC. 2319. EXTENSION AND IMPROVEMENT OF THE AFGHAN 

13 SPECIAL IMMIGRANT VISA PROGRAM. 

14 Section 602(b) of the Afghan Allies Protection Act of 

15 2009 (8 U.S.C. 1101 note) is amended— 

16 (1) in paragraph (2)— 

17 (A) in subparagraph (A)— 

18 (i) by amending clause (ii) to read as 

19 follows: 

20 ‘‘(ii) was or is employed in Afghani21 stan on or after October 7, 2001, for not less 

22 than 1 year, by, or on behalf of— 

23 ‘‘(I) the United States Govern24 ment; 


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1 ‘‘(II) a media or nongovernmental 

2 organization headquartered in the 

3 United States; or 

4 ‘‘(III) an organization or entity 

5 closely associated with the United 

6 States mission in Afghanistan that has 

7 received United States Government 

8 funding through an official and docu9 mented contract, award, grant, or co10 operative agreement;’’; 

11 (ii) in clause (iii), by striking ‘‘the 

12 United States Government’’ and inserting 

13 ‘‘an entity or organization described in 

14 clause (ii)’’; and 

15 (iii) in clause (iv), by striking by 

16 striking ‘‘the United States Government.’’ 

17 and inserting ‘‘such entity or organiza18 tion.’’; 

19 (B) by amending subparagraph (B) to read 

20 as follows: 

21 ‘‘(B) FAMILY MEMBERS.—An alien is de22 scribed in this subparagraph if the alien is— 

23 ‘‘(i) the spouse or minor child of a 

24 principal alien described in subparagraph 

25 (A) who is accompanying or following to 


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1 join the principal alien in the United 

2 States; or 

3 ‘‘(ii)(I) the spouse, child, parent, or 

4 sibling of a principal alien described in 

5 subparagraph (A), whether or not accom6 panying or following to join; and 

7 ‘‘(II) has experienced or is experi8 encing an ongoing serious threat as a con9 sequence of the qualifying employment of a 

10 principal alien described in subparagraph 

11 (A).’’; and 

12 (C) in subparagraph (D)— 

13 (i) by striking ‘‘A recommendation’’ 

14 and inserting the following: 

15 ‘‘(i) IN GENERAL.—Except as provided 

16 under clause (ii), a recommendation’’; 

17 (ii) by striking ‘‘the United States 

18 Government prior’’ and inserting ‘‘an enti19 ty or organization described in paragraph 

20 (2)(A)(ii) prior’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(ii) REVIEW PROCESS FOR DENIAL BY

24 CHIEF OF MISSION.— 


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1 ‘‘(I) IN GENERAL.—An applicant 

2 who has been denied Chief of Mission 

3 approval shall— 

4 ‘‘(aa) receive a written deci5 sion; and 

6 ‘‘(bb) be provided 120 days 

7 from the date of receipt of such 

8 opinion to request reconsideration 

9 of the decision to provide addi10 tional information, clarify exist11 ing information, or explain any 

12 unfavorable information. 

13 ‘‘(II) SENIOR COORDINATOR.— 

14 The Secretary of State shall designate, 

15 in the Embassy of the United States in 

16 Kabul, Afghanistan, a senior coordi17 nator responsible for overseeing the ef18 ficiency and integrity of the processing 

19 of special immigrant visas under this 

20 section, who shall be given— 

21 ‘‘(aa) sufficiently high secu22 rity clearance to review Chief of 

23 Mission denials in cases that ap24 pear to have relied upon insuffiVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01256 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 cient or incorrect information; 

2 and 

3 ‘‘(bb) responsibility for en4 suring that an applicant de5 scribed in subclause (I) receives 

6 the information described in sub7 clause (I)(aa).’’; 

8 (2) in paragraph (3)(C), by amending clause 

9 (iii) to read as follows: 

10 ‘‘(iii) FISCAL YEARS 2014 THROUGH

11 2018.—For each of the fiscal years 2014 

12 through 2018, the total number of principal 

13 aliens who may be provided special immi14 grant status under this section may not ex15 ceed the sum of— 

16 ‘‘(I) 5,000; 

17 ‘‘(II) the difference between the 

18 number of special immigrant visas al19 located under this section for fiscal 

20 years 2009 through 2013 and the num21 ber of such allocated visas that were 

22 issued; and 

23 ‘‘(III) any unused balance of the 

24 total number of principal aliens who 

25 may be provided special immigrant 


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1 status in fiscal years 2014 through 

2 2018 that have been carried forward.’’; 

3 (3) in paragraph (4)— 

4 (A) in the heading, by striking ‘‘PROHIBI5 TION ON FEES.—’’ and inserting ‘‘APPLICATION

6 PROCESS.—’’; 

7 (B) by striking ‘‘The Secretary’’ and insert8 ing the following: 

9 ‘‘(A) IN GENERAL.—Not later than 120 

10 days after the date of enactment of the Border 

11 Security, Economic Opportunity, and Immigra12 tion Modernization Act, the Secretary of State 

13 and the Secretary of Homeland Security, in con14 sultation with the Secretary of Defense, shall im15 prove the efficiency by which applications for 

16 special immigrant visas under paragraph (1) 

17 are processed so that all steps incidental to the 

18 issuance of such visas, including required 

19 screenings and background checks, are completed 

20 not later than 6 months after the date on which 

21 an eligible alien applies for such visa. 

22 ‘‘(B) PROHIBITION ON FEES.—The Sec23 retary’’; and 

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


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1 ‘‘(12) REPORT ON IMPROVEMENTS.—Not later 

2 than 120 days after the date of the enactment of the 

3 Border Security, Economic Opportunity, and Immi4 gration Modernization Act, the Secretary of State and 

5 the Secretary of Homeland Security, in consultation 

6 with the Secretary of Defense, shall submit to the ap7 propriate committees of Congress a report, with a 

8 classified annex, if necessary, that describes the imple9 mentation of improvements to the processing of appli10 cations for special immigrant visas under this sub11 section, including information relating to— 

12 ‘‘(A) enhancing existing systems for con13 ducting background and security checks of per14 sons applying for special immigrant status, 

15 which shall— 

16 ‘‘(i) support immigration security; and 

17 ‘‘(ii) provide for the orderly processing 

18 of such applications without delay; 

19 ‘‘(B) the financial, security, and personnel 

20 considerations and resources necessary to carry 

21 out this section; 

22 ‘‘(C) the number of aliens who have applied 

23 for special immigrant visas under this subsection 

24 during each month of the preceding fiscal year; 


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1 ‘‘(D) the reasons for the failure to expedi2 tiously process any applications that have been 

3 pending for longer than 9 months; 

4 ‘‘(E) the total number of applications that 

5 are pending due to the failure— 

6 ‘‘(i) to receive approval from the Chief 

7 of Mission; 

8 ‘‘(ii) for U.S. Citizenship and Immi9 gration Services to complete the adjudica10 tion of the Form I–360; 

11 ‘‘(iii) to conduct a visa interview; or 

12 ‘‘(iv) to issue the visa to an eligible 

13 alien; 

14 ‘‘(F) the average wait times for an appli15 cant at each of the stages described in subpara16 graph (E); 

17 ‘‘(G) the number of denials or rejections at 

18 each of the stages described in subparagraph (E); 

19 and 

20 ‘‘(H) a breakdown of reasons for denials by 

21 the Chief of Mission based on the categories al22 ready made available to denied special immi23 grant visa applicants in the denial letter sent to 

24 them by the Chief of Mission. 


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1 ‘‘(13) PUBLIC QUARTERLY REPORTS.—Not later 

2 than 120 days after the date of the enactment of the 

3 Border Security, Economic Opportunity, and Immi4 gration Modernization Act, and every 3 months there5 after, the Secretary of State and the Secretary of 

6 Homeland Security, in consultation with the Sec7 retary of Defense, shall publish a report on the 

8 website of the Department of State that describes the 

9 efficiency improvements made in the process by which 

10 applications for special immigrant visas under this 

11 subsection are processed, including information de12 scribed in subparagraph (C) through (H) of para13 graph (12).’’. 

14 SEC. 2320. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS 

15 WORKER PROGRAM. 

16 Section 101(a)(27)(C)(ii) (8 U.S.C. 1101 

17 (a)(27)(C)(ii)) is amended in subclauses (II) and (III) by 

18 striking ‘‘before September 30, 2015,’’ both places such term 

19 appears. 

20 SEC. 2321. SPECIAL IMMIGRANT STATUS FOR CERTAIN SUR21 VIVING SPOUSES AND CHILDREN. 

22 (a) IN GENERAL.—Section 101(a)(27) (8 U.S.C. 

23 1101(a)(27)) is amended in subparagraph (D)— 

24 (1) by inserting ‘‘(i)’’ before ‘‘an immigrant who 

25 is an employee’’; 


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1 (2) by inserting ‘‘or’’ after ‘‘grant such status;’’; 

2 and 

3 (3) by inserting after clause (i), as designated by 

4 paragraph (1), the following: 

5 ‘‘(ii) an immigrant who is the surviving 

6 spouse or child of an employee of the United 

7 States Government abroad killed in the line of 

8 duty, provided that the employee had performed 

9 faithful service for a total of 15 years, or more, 

10 and that the principal officer of a Foreign Serv11 ice establishment (or, in the case of the American 

12 Institute of Taiwan, the Director thereof) in his 

13 or her discretion, recommends the granting of 

14 special immigrant status to the spouse or child 

15 and the Secretary of State approves such rec16 ommendation and finds that it is in the national 

17 interest to grant such status;’’. 

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) take effect beginning on January 31, 2013, and 

20 shall have retroactive effect. 

21 SEC. 2322. REUNIFICATION OF CERTAIN FAMILIES OF FILI22 PINO VETERANS OF WORLD WAR II. 

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

24 ‘‘Filipino Veterans Family Reunification Act’’. 


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1 (b) EXEMPTION FROM IMMIGRANT VISA LIMIT.—Sec2 tion 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sec3 tions 2103(c), 2212(d), and 2307(b), is further amended by 

4 adding at the end the following: 

5 ‘‘(O) Aliens who— 

6 ‘‘(i) are the sons or daughters of a citizen 

7 of the United States; and 

8 ‘‘(ii) have a parent (regardless of whether 

9 the parent is living or dead) who was natural10 ized pursuant to— 

11 ‘‘(I) section 405 of the Immigration 

12 Act of 1990 (Public Law 101–649; 8 U.S.C. 

13 1440 note); or 

14 ‘‘(II) title III of the Act of October 14, 

15 1940 (54 Stat. 1137, chapter 876), as added 

16 by section 1001 of the Second War Powers 

17 Act, 1942 (56 Stat. 182, chapter 199).’’. 

18 Subtitle D—Conrad State 30 and 

19 Physician Access 

20 SEC. 2401. CONRAD STATE 30 PROGRAM. 

21 Section 220(c) of the Immigration and Nationality 

22 Technical Corrections Act of 1994 (Public Law 103–416; 

23 8 U.S.C. 1182 note) is amended by striking ‘‘and before 

24 September 30, 2015’’. 


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1 SEC. 2402. RETAINING PHYSICIANS WHO HAVE PRACTICED 

2 IN MEDICALLY UNDERSERVED COMMUNITIES. 

3 Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 

4 by sections 2103(c), 2212(d)(2), 2307(b), and 2323(b) is 

5 further amended by adding at the end the following: 

6 ‘‘(P)(i) Alien physicians who have completed 

7 service requirements of a waiver requested under sec8 tion 203(b)(2)(B)(ii), including alien physicians who 

9 completed such service before the date of the enact10 ment of the Border Security, Economic Opportunity, 

11 and Immigration Modernization Act and any spouses 

12 or children of such alien physicians. 

13 ‘‘(ii) Nothing in this subparagraph may be con14 strued— 

15 ‘‘(I) to prevent the filing of a petition with 

16 the Secretary of Homeland Security for classi17 fication under section 204(a) or the filing of an 

18 application for adjustment of status under sec19 tion 245 by an alien physician described in this 

20 subparagraph prior to the date by which such 

21 alien physician has completed the service de22 scribed in section 214(l) or worked full-time as 

23 a physician for an aggregate of 5 years at the 

24 location identified in the section 214(l) waiver or 

25 in an area or areas designated by the Secretary 


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1 of Health and Human Services as having a 

2 shortage of health care professionals; or 

3 ‘‘(II) to permit the Secretary of Homeland 

4 Security to grant such a petition or application 

5 until the alien has satisfied all the requirements 

6 of the waiver received under section 214(l).’’. 

7 SEC. 2403. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. 

8 (a) IN GENERAL.—Section 214(l)(1)(C) (8 U.S.C. 

9 1184(l)(1)(C)) is amended by striking clauses (i) and (ii) 

10 and inserting the following: 

11 ‘‘(i) the alien demonstrates a bona fide offer 

12 of full-time employment, at a health care organi13 zation, which employment has been determined 

14 by the Secretary of Homeland Security to be in 

15 the public interest; and 

16 ‘‘(ii) the alien agrees to begin employment 

17 with the health facility or health care organiza18 tion in a geographic area or areas which are des19 ignated by the Secretary of Health and Human 

20 Services as having a shortage of health care pro21 fessionals by the later of the date that is 90 days 

22 after receiving such waiver, 90 days after com23 pleting graduate medical education or training 

24 under a program approved pursuant to section 

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1 immigrant status or employment authorization, 

2 provided that the alien or the alien’s employer 

3 petitions for such nonimmigrant status or em4 ployment authorization within 90 days of com5 pleting graduate medical education or training 

6 and agrees to continue to work for a total of not 

7 less than 3 years in any status authorized for 

8 such employment under this subsection, unless— 

9 ‘‘(I) the Secretary determines that ex10 tenuating circumstances exist that justify a 

11 lesser period of employment at such facility 

12 or organization, in which case the alien 

13 shall demonstrate another bona fide offer of 

14 employment at a health facility or health 

15 care organization, for the remainder of such 

16 3-year period; 

17 ‘‘(II) the interested agency that re18 quested the waiver attests that extenuating 

19 circumstances exist that justify a lesser pe20 riod of employment at such facility or orga21 nization in which case the alien shall dem22 onstrate another bona fide offer of employ23 ment at a health facility or health care or24 ganization so designated by the Secretary of 


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1 Health and Human Services, for the re2 mainder of such 3-year period; or 

3 ‘‘(III) if the alien elects not to pursue 

4 a determination of extenuating cir5 cumstances pursuant to subclause (I) or 

6 (II), the alien terminates the alien’s em7 ployment relationship with such facility or 

8 organization, in which case the alien shall 

9 be employed for the remainder of such 3- 

10 year period, and 1 additional year for each 

11 termination, at another health facility or 

12 health care organization in a geographic 

13 area or areas which are designated by the 

14 Secretary of Health and Human Services as 

15 having a shortage of health care profes16 sionals; and’’. 

17 (b) PHYSICIAN EMPLOYMENT IN UNDERSERVED

18 AREAS.—Section 214(l)(1) (8 U.S.C. 1184(l)(1)), as 

19 amended by subsection (a), is further amended by adding 

20 at the end the following: 

21 ‘‘(E) If a physician pursuing graduate medical 

22 education or training pursuant to section 

23 101(a)(15)(J) applies for a Conrad J–1 waiver with 

24 an interested State department of health and the ap25 plication is denied because the State has requested the 


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1 maximum number of waivers permitted for that fiscal 

2 year, the physician’s nonimmigrant status shall be 

3 automatically extended for 6 months if the physician 

4 agrees to seek a waiver under this subsection (except 

5 for subparagraph (D)(ii)) to work for an employer in 

6 a State that has not yet requested the maximum 

7 number of waivers. The physician shall be authorized 

8 to work only for such employer from the date on 

9 which a new waiver application is filed with the 

10 State until the date on which the Secretary of Home11 land Security denies such waiver or issues work au12 thorization for such employment pursuant to the ap13 proval of such waiver.’’. 

14 (c) GRADUATE MEDICAL EDUCATION OR TRAINING.— 

15 Section 214(h)(1), as amended by section 4401(b) of this 

16 Act, is further amended by inserting ‘‘(J) (if entering the 

17 United States for graduate medical education or training),’’ 

18 after ‘‘(H)(i)(c),’’. 

19 (d) CONTRACT REQUIREMENTS.—Section 214(l) (8 

20 U.S.C. 1184(l)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(4) An alien granted a waiver under paragraph 

23 (1)(C) shall enter into an employment agreement with the 

24 contracting health facility or health care organization 

25 that— 


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1 ‘‘(A) specifies the maximum number of on-call 

2 hours per week (which may be a monthly average) 

3 that the alien will be expected to be available and the 

4 compensation the alien will receive for on-call time; 

5 ‘‘(B) specifies whether the contracting facility or 

6 organization will pay for the alien’s malpractice in7 surance premiums, including whether the employer 

8 will provide malpractice insurance and, if so, the 

9 amount of such insurance that will be provided; 

10 ‘‘(C) describes all of the work locations that the 

11 alien will work and a statement that the contracting 

12 facility or organization will not add additional work 

13 locations without the approval of the Federal agency 

14 or State agency that requested the waiver; and 

15 ‘‘(D) does not include a non-compete provision. 

16 ‘‘(5) An alien granted a waiver under paragraph 

17 (1)(C) whose employment relationship with a health facility 

18 or health care organization terminates during the 3-year 

19 service period required by such paragraph— 

20 ‘‘(A) shall have a period of 120 days beginning 

21 on the date of such termination of employment to sub22 mit to the Secretary of Homeland Security applica23 tions or petitions to commence employment with an24 other contracting health facility or health care organi25 zation in a geographic area or areas which are desVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01269 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 ignated by the Secretary of Health and Human Serv2 ices as having a shortage of health care professionals; 

3 ‘‘(B) shall be considered to be maintaining law4 ful status in an authorized stay during the 120-day 

5 period referred to in subsection (A); and 

6 ‘‘(C) shall not be considered to be fulfilling the 

7 3-year term of service during the 120-day period re8 ferred to in subparagraph (A).’’. 

9 SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS. 

10 (a) IN GENERAL.—Section 214(l) (8 U.S.C. 1184(l)), 

11 as amended by section 2403, is further amended by adding 

12 at the end the following: 

13 ‘‘(6)(A)(i) All States shall be allotted a total of 35 

14 waivers under paragraph (1)(B) for a fiscal year if 90 per15 cent of the waivers available to the States receiving at least 

16 5 waivers were used in the previous fiscal year. 

17 ‘‘(ii) When an allocation has occurred under clause (i), 

18 all States shall be allotted an additional 5 waivers under 

19 paragraph (1)(B) for each subsequent fiscal year if 90 per20 cent of the waivers available to the States receiving at least 

21 5 waivers were used in the previous fiscal year. If the States 

22 are allotted 45 or more waivers for a fiscal year, the States 

23 will only receive an additional increase of 5 waivers the 

24 following fiscal year if 95 percent of the waivers available 


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1 to the States receiving at least 1 waiver were used in the 

2 previous fiscal year. 

3 ‘‘(B) Any increase in allotments under subparagraph 

4 (A) shall be maintained indefinitely, unless in a fiscal year, 

5 the total number of such waivers granted is 5 percent lower 

6 than in the last year in which there was an increase in 

7 the number of waivers allotted pursuant to this paragraph, 

8 in which case— 

9 ‘‘(i) the number of waivers allotted shall be de10 creased by 5 for all States beginning in the next fiscal 

11 year; and 

12 ‘‘(ii) each additional 5 percent decrease in such 

13 waivers granted from the last year in which there was 

14 an increase in the allotment, shall result in an addi15 tional decrease of 5 waivers allotted for all States, 

16 provided that the number of waivers allotted for all 

17 States shall not drop below 30.’’. 

18 (b) ACADEMIC MEDICAL CENTERS.—Section 

19 214(l)(1)(D) (8 U.S.C. 1184(l)(1)(D)) is amended— 

20 (1) in clause (ii), by striking ‘‘and’’ at the end; 

21 (2) in clause (iii), by striking the period at the 

22 end and inserting ‘‘; and’’; and 

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

24 ‘‘(iv) in the case of a request by an inter25 ested State agency— 


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1 ‘‘(I) the head of such agency deter2 mines that the alien is to practice medicine 

3 in, or be on the faculty of a residency pro4 gram at, an academic medical center (as 

5 that term is defined in section 411.355(e)(2) 

6 of title 42, Code of Federal Regulations, or 

7 similar successor regulation), without re8 gard to whether such facility is located 

9 within an area designated by the Secretary 

10 of Health and Human Services as having a 

11 shortage of health care professionals; and 

12 ‘‘(II) the head of such agency deter13 mines that— 

14 ‘‘(aa) the alien physician’s work 

15 is in the public interest; and 

16 ‘‘(bb) the grant of such waiver 

17 would not cause the number of the 

18 waivers granted on behalf of aliens for 

19 such State for a fiscal year (within the 

20 limitation in subparagraph (B) and 

21 subject to paragraph (6)) in accord22 ance with the conditions of this clause 

23 to exceed 3.’’. 


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1 SEC. 2405. AMENDMENTS TO THE PROCEDURES, DEFINI2 TIONS, AND OTHER PROVISIONS RELATED TO 

3 PHYSICIAN IMMIGRATION. 

4 (a) ALLOWABLE VISA STATUS FOR PHYSICIANS FUL5 FILLING WAIVER REQUIREMENTS IN MEDICALLY UNDER6 SERVED AREAS.—Section 214(l)(2)(A) (8 U.S.C. 

7 1184(l)(2)(A)) is amended by striking ‘‘an alien described 

8 in section 101(a)(15)(H)(i)(b).’’ and inserting ‘‘any status 

9 authorized for employment under this Act.’’. 

10 (b) SHORT TERM WORK AUTHORIZATION FOR PHYSI11 CIANS COMPLETING THEIR RESIDENCIES.—A physician 

12 completing graduate medical education or training as de13 scribed in section 212(j) of the Immigration and Nation14 ality Act (8 U.S.C. 1182(j)) as a nonimmigrant described 

15 in section 101(a)(15)(H)(i) of such Act (8 U.S.C. 

16 1101(a)(15)(H)(i)) shall have such nonimmigrant status 

17 automatically extended until October 1 of the fiscal year 

18 for which a petition for a continuation of such non19 immigrant status has been submitted in a timely manner 

20 and where the employment start date for the beneficiary 

21 of such petition is October 1 of that fiscal year. Such physi22 cian shall be authorized to be employed incident to status 

23 during the period between the filing of such petition and 

24 October 1 of such fiscal year. However, the physician’s sta25 tus and employment authorization shall terminate 30 days 

26 from the date such petition is rejected, denied, or revoked. 


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1 A physician’s status and employment authorization will 

2 automatically extend to October 1 of the next fiscal year 

3 if all visas as described in such section 101(a)(15)(H)(i) 

4 authorized to be issued for the fiscal year have been issued. 

5 (c) APPLICABILITY OF SECTION 212(e) TO SPOUSES

6 AND CHILDREN OF J–1 EXCHANGE VISITORS.—A spouse or 

7 child of an exchange visitor described in section 

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

9 U.S.C. 1101(a)(15)(J)) shall not be subject to the require10 ments of section 212(e) of the Immigration and Nationality 

11 Act (8 U.S.C. 1182(e)). 

12 Subtitle E—Integration 

13 SEC. 2501. DEFINITIONS. 

14 In this subtitle: 

15 (1) CHIEF.—The term ‘‘Chief’’ means the Chief 

16 of the Office. 

17 (2) FOUNDATION.—The term ‘‘Foundation’’ 

18 means the United States Citizenship Foundation es19 tablished pursuant to section 2531. 

20 (3) IEACA GRANTS.—The term ‘‘IEACA grants’’ 

21 means Initial Entry, Adjustment, and Citizenship 

22 Assistance grants authorized under section 2537. 

23 (4) IMMIGRANT INTEGRATION.—The term ‘‘immi24 grant integration’’ means the process by which immi25 grants— 


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1 (A) join the mainstream of civic life by en2 gaging and sharing ownership in their local 

3 community, the United States, and the prin4 ciples of the Constitution; 

5 (B) attain financial self-sufficiency and up6 ward economic mobility for themselves and their 

7 family members; and 

8 (C) acquire English language skills and re9 lated cultural knowledge necessary to effectively 

10 participate in their community. 

11 (5) LINGUISTIC INTEGRATION.—The term ‘‘lin12 guistic integration’’ means the acquisition, by limited 

13 English proficient individuals, of English language 

14 skills and related cultural knowledge necessary to 

15 meaningfully and effectively fulfill their roles as com16 munity members, family members, and workers. 

17 (6) OFFICE.—The term ‘‘Office’’ means the Office 

18 of Citizenship and New Americans established in U.S. 

19 Citizenship and Immigration Services under section 

20 2511. 

21 (7) RECEIVING COMMUNITIES.—The term ‘‘re22 ceiving communities’’ means the long-term residents 

23 of the communities in which immigrants settle. 


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1 (8) TASK FORCE.—The term ‘‘Task Force’’ 

2 means the Task Force on New Americans established 

3 pursuant to section 2521. 

4 (9) USCF COUNCIL.—The term ‘‘USCF Council’’ 

5 means the Council of Directors of the Foundation. 

6 CHAPTER 1—CITIZENSHIP AND NEW 

7 AMERICANS 

8 Subchapter A—Office of Citizenship and New 

9 Americans 

10 SEC. 2511. OFFICE OF CITIZENSHIP AND NEW AMERICANS. 

11 (a) RENAMING OFFICE OF CITIZENSHIP.— 

12 (1) IN GENERAL.—Beginning on the date of the 

13 enactment of this Act, the Office of Citizenship in 

14 U.S. Citizenship and Immigration Services shall be 

15 referred to as the ‘‘Office of Citizenship and New 

16 Americans’’. 

17 (2) REFERENCES.—Any reference in a law, regu18 lation, document, paper, or other record of the United 

19 States to the Office of Citizenship in U.S. Citizenship 

20 and Immigration Services shall be deemed to be a ref21 erence to the Office of Citizenship and New Ameri22 cans. 

23 (3) TECHNICAL AND CONFORMING AMEND24 MENTS.—Section 451 of the Homeland Security Act 

25 of 2002 (6 U.S.C. 271) is amended— 


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1 (A) in the section heading, by striking ‘‘BU2 REAU OF’’ and inserting ‘‘U.S.’’; 

3 (B) in subsection (a)(1), by striking ‘‘the 

4 ‘Bureau of’’ and inserting ‘‘ ‘U.S.’’; 

5 (C) by striking ‘‘the Bureau of’’ each place 

6 such terms appears and inserting ‘‘U.S.’’; and 

7 (D) in subsection (f)— 

8 (i) by amending the subsection heading 

9 to read as follows: ‘‘OFFICE OF CITIZEN10 SHIP AND NEW AMERICANS’’; and 

11 (ii) by striking paragraph (1) and in12 serting the following: 

13 ‘‘(1) CHIEF.—The Office of Citizenship and New 

14 Americans shall be within U.S. Citizenship and Im15 migration Services and shall be headed by the Chief 

16 of the Office of Citizenship and New Americans.’’. 

17 (b) FUNCTIONS.—Section 451(f) of such Act (6 U.S.C. 

18 271(f)), as amended by subsection (a)(3)(D), is further 

19 amended by striking paragraph (2) and inserting the fol20 lowing: 

21 ‘‘(2) FUNCTIONS.—The Chief of the Office of 

22 Citizenship and New Americans shall— 

23 ‘‘(A) promote institutions and provide 

24 training on citizenship responsibilities for aliens 

25 interested in becoming naturalized citizens of the 


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1 United States, including the development of edu2 cational materials for such aliens; 

3 ‘‘(B) provide general leadership, consulta4 tion, and coordination of the immigrant integra5 tion programs across the Federal Government 

6 and with State and local entities; 

7 ‘‘(C) in coordination with the Task Force 

8 on New Americans established under section 

9 2521 of the Border Security, Economic Oppor10 tunity, and Immigration Modernization Act— 

11 ‘‘(i) advise the Director of U.S. Citi12 zenship and Immigration Services, the Sec13 retary of Homeland Security, and the Do14 mestic Policy Council, on— 

15 ‘‘(I) the challenges and opportuni16 ties relating to the linguistic, economic, 

17 and civic integration of immigrants 

18 and their young children and progress 

19 in meeting integration goals and indi20 cators; and 

21 ‘‘(II) immigrant integration con22 siderations relating to Federal budgets; 

23 ‘‘(ii) establish national goals for intro24 ducing new immigrants into the United 


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1 States and measure the degree to which such 

2 goals are met; 

3 ‘‘(iii) evaluate the scale, quality, and 

4 effectiveness of Federal Government efforts 

5 in immigrant integration and provide ad6 vice on appropriate actions; and 

7 ‘‘(iv) identify the integration implica8 tions of new or proposed immigration poli9 cies and provide recommendations for ad10 dressing such implications; 

11 ‘‘(D) serve as a liaison and intermediary 

12 with State and local governments and other enti13 ties to assist in establishing local goals, task 

14 forces, and councils to assist in— 

15 ‘‘(i) introducing immigrants into the 

16 United States; and 

17 ‘‘(ii) promoting citizenship education 

18 and awareness among aliens interested in 

19 becoming naturalized citizens of the United 

20 States; 

21 ‘‘(E) coordinate with other Federal agencies 

22 to provide information to State and local govern23 ments on the demand for existing Federal and 

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1 tices for immigrants who recently arrived in the 

2 United States; 

3 ‘‘(F) assist States in coordinating the ac4 tivities of the grant programs authorized under 

5 sections 2537 and 2538 of the Border Security, 

6 Economic Opportunity, and Immigration Mod7 ernization Act; 

8 ‘‘(G) submit a biennial report to the appro9 priate congressional committees that describes 

10 the activities of the Office of Citizenship and 

11 New Americans; and 

12 ‘‘(H) carry out such other functions and ac13 tivities as Secretary may assign.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by sub15 sections (a) and (b) shall take effect on the date that is 1 

16 year after the date of the enactment of this Act. 

17 Subchapter B—Task Force on New Americans 

18 SEC. 2521. ESTABLISHMENT. 

19 (a) IN GENERAL.—The Secretary shall establish a 

20 Task Force on New Americans. 

21 (b) FULLY FUNCTIONAL.—The Task Force shall be 

22 fully functional not later than 18 months after the date of 

23 the enactment of this Act. 

24 SEC. 2522. PURPOSE. 

25 The purposes of the Task Force are— 


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1 (1) to establish a coordinated Federal program 

2 and policy response to immigrant integration issues; 

3 and 

4 (2) to advise and assist the Federal Government 

5 in identifying and fostering policies to carry out the 

6 policies and goals established under this chapter. 

7 SEC. 2523. MEMBERSHIP. 

8 (a) IN GENERAL.—The Task Force shall be comprised 

9 of— 

10 (1) the Secretary, who shall serve as Chair of the 

11 Task Force; 

12 (2) the Secretary of the Treasury; 

13 (3) the Attorney General; 

14 (4) the Secretary of Commerce; 

15 (5) the Secretary of Labor; 

16 (6) the Secretary of Health and Human Serv17 ices; 

18 (7) the Secretary of Housing and Urban Devel19 opment; 

20 (8) the Secretary of Transportation; 

21 (9) the Secretary of Education; 

22 (10) the Director of the Office of Management 

23 and Budget; 

24 (11) the Administrator of the Small Business 

25 Administration; 


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1 (12) the Director of the Domestic Policy Council; 

2 (13) the Director of the National Economic 

3 Council; and 

4 (14) the National Security Advisor. 

5 (b) DELEGATION.—A member of the Task Force may 

6 delegate a senior official, at the Assistant Secretary, Deputy 

7 Administrator, Deputy Director, or Assistant Attorney 

8 General level, to perform the functions of a Task Force 

9 member described in section 2524. 

10 SEC. 2524. FUNCTIONS. 

11 (a) MEETINGS; FUNCTIONS.—The Task Force shall— 

12 (1) meet at the call of the Chair; and 

13 (2) perform such functions as the Secretary may 

14 prescribe. 

15 (b) COORDINATED RESPONSE.—The Task Force shall 

16 work with executive branch agencies— 

17 (1) to provide a coordinated Federal response to 

18 issues that impact the lives of new immigrants and 

19 receiving communities, including— 

20 (A) access to youth and adult education 

21 programming; 

22 (B) workforce training; 

23 (C) health care policy; 

24 (D) access to naturalization; and 

25 (E) community development challenges; and 


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1 (2) to ensure that Federal programs and policies 

2 adequately address such impacts. 

3 (c) LIAISONS.—Members of the Task Force shall serve 

4 as liaisons to their respective agencies to ensure the quality 

5 and timeliness of their agency’s participation in activities 

6 of the Task Force, including— 

7 (1) creating integration goals and indicators; 

8 (2) implementing the biannual consultation 

9 process with the agency’s State and local counter10 parts; and 

11 (3) reporting on agency data collection, policy, 

12 and program efforts relating to achieving the goals 

13 and indicators referred to in paragraph (1). 

14 (d) RECOMMENDATIONS.—Not later than 18 months 

15 after the end of the period specified in section 2521(b), the 

16 Task Force shall— 

17 (1) provide recommendations to the Domestic 

18 Policy Council and the Secretary on the effects of 

19 pending legislation and executive branch policy pro20 posals; 

21 (2) suggest changes to Federal programs or poli22 cies to address issues of special importance to new 

23 immigrants and receiving communities; 


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1 (3) review and recommend changes to policies 

2 that have a distinct impact on new immigrants and 

3 receiving communities; and 

4 (4) assist in the development of legislative and 

5 policy proposals of special importance to new immi6 grants and receiving communities. 

7 CHAPTER 2—PUBLIC-PRIVATE 

8 PARTNERSHIP 

9 SEC. 2531. ESTABLISHMENT OF UNITED STATES CITIZEN10 SHIP FOUNDATION. 

11 The Secretary, acting through the Director of U.S. 

12 Citizenship and Immigration Services, is authorized to es13 tablish a nonprofit corporation or a not-for-profit, public 

14 benefit, or similar entity, which shall be known as the 

15 ‘‘United States Citizenship Foundation’’. 

16 SEC. 2532. FUNDING. 

17 (a) GIFTS TO FOUNDATION.—In order to carry out the 

18 purposes set forth in section 2533, the Foundation may— 

19 (1) solicit, accept, and make gifts of money and 

20 other property in accordance with section 501(c)(3) of 

21 the Internal Revenue Code of 1986; 

22 (2) engage in coordinated work with the Depart23 ment, including the Office and U.S. Citizenship and 

24 Immigration Services; and 


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1 (3) accept, hold, administer, invest, and spend 

2 any gift, devise, or bequest of real or personal prop3 erty made to the Foundation. 

4 (b) GIFTS TO OFFICE OF CITIZENSHIP AND NEW

5 AMERICANS.—The Office may accept gifts from the Founda6 tion to support the functions of the Office. 

7 SEC. 2533. PURPOSES. 

8 The purposes of the Foundation are— 

9 (1) to expand citizenship preparation programs 

10 for lawful permanent residents; 

11 (2) to provide direct assistance for aliens seeking 

12 provisional immigrant status, legal permanent resi13 dent status, or naturalization as a United States cit14 izen; and 

15 (3) to coordinate immigrant integration with 

16 State and local entities. 

17 SEC. 2534. AUTHORIZED ACTIVITIES. 

18 The Foundation shall carry out its purpose by— 

19 (1) making United States citizenship instruction 

20 and naturalization application services accessible to 

21 low-income and other underserved lawful permanent 

22 resident populations; 

23 (2) developing, identifying, and sharing best 

24 practices in United States citizenship preparation; 


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1 (3) supporting innovative and creative solutions 

2 to barriers faced by those seeking naturalization; 

3 (4) increasing the use of, and access to, tech4 nology in United States citizenship preparation pro5 grams; 

6 (5) engaging receiving communities in the 

7 United States citizenship and civic integration proc8 ess; 

9 (6) administering the New Citizens Award Pro10 gram to recognize, in each calendar year, not more 

11 than 10 United States citizens who— 

12 (A) have made outstanding contributions to 

13 the United States; and 

14 (B) have been naturalized during the 10- 

15 year period ending on the date of such recogni16 tion; 

17 (7) fostering public education and awareness; 

18 (8) coordinating its immigrant integration ef19 forts with the Office; 

20 (9) awarding grants to eligible public or private 

21 nonprofit organizations under section 2537; and 

22 (10) awarding grants to State and local govern23 ments under section 2538. 


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1 SEC. 2535. COUNCIL OF DIRECTORS. 

2 (a) MEMBERS.—To the extent consistent with section 

3 501(c)(3) of the Internal Revenue Code of 1986, the Founda4 tion shall have a Council of Directors, which shall be com5 prised of— 

6 (1) the Director of U.S. Citizenship and Immi7 gration Services; 

8 (2) the Chief of the Office of Citizenship and New 

9 Americans; and 

10 (3) 10 directors, appointed by the ex-officio di11 rectors designated in paragraphs (1) and (2), from 

12 national community-based organizations that pro13 mote and assist permanent residents with naturaliza14 tion. 

15 (b) APPOINTMENT OF EXECUTIVE DIRECTOR.—The 

16 USCF Council shall appoint an Executive Director, who 

17 shall oversee the day-to-day operations of the Foundation. 

18 SEC. 2536. POWERS. 

19 The Executive Director is authorized to carry out the 

20 purposes set forth in section 2533 on behalf of the Founda21 tion by— 

22 (1) accepting, holding, administering, investing, 

23 and spending any gift, devise, or bequest of real or 

24 personal property made to the Foundation; 

25 (2) entering into contracts and other financial 

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1 vate organizations, professional societies, and govern2 ment agencies to carry out the functions of the Foun3 dation; 

4 (3) entering into such other contracts, leases, co5 operative agreements, and other transactions as the 

6 Executive Director considers appropriate to carry out 

7 the activities of the Foundation; and 

8 (4) charging such fees for professional services 

9 furnished by the Foundation as the Executive Direc10 tor determines reasonable and appropriate. 

11 SEC. 2537. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP 

12 ASSISTANCE GRANT PROGRAM. 

13 (a) AUTHORIZATION.—The Secretary, acting through 

14 the Director of U.S. Citizenship and Immigration Services, 

15 may award Initial Entry, Adjustment, and Citizenship As16 sistance grants to eligible public or private, nonprofit orga17 nizations. 

18 (b) USE OF GRANT FUNDS.—IEACA grants shall be 

19 used for the design and implementation of programs that 

20 provide direct assistance, within the scope of the authorized 

21 practice of immigration law— 

22 (1) to aliens who are preparing an initial appli23 cation for registered provisional immigrant status 

24 under section 245B of the Immigration and Nation25 ality Act and to aliens who are preparing an initial 


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1 application for blue card status under section 2211, 

2 including assisting applicants in— 

3 (A) screening to assess prospective appli4 cants’ potential eligibility or lack of eligibility; 

5 (B) completing applications; 

6 (C) gathering proof of identification, em7 ployment, residence, and tax payment; 

8 (D) gathering proof of relationships of eligi9 ble family members; 

10 (E) applying for any waivers for which ap11 plicants and qualifying family members may be 

12 eligible; and 

13 (F) any other assistance that the Secretary 

14 or grantee considers useful to aliens who are in15 terested in applying for registered provisional 

16 immigrant status; 

17 (2) to aliens seeking to adjust their status under 

18 section 245, 245B, 245C, or 245F of the Immigration 

19 and Nationality Act; 

20 (3) to legal permanent residents seeking to be21 come naturalized United States citizens; and 

22 (4) to applicants on— 

23 (A) the rights and responsibilities of United 

24 States citizenship; 


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1 (B) civics-based English as a second lan2 guage; 

3 (C) civics, with a special emphasis on com4 mon values and traditions of Americans, includ5 ing an understanding of the history of the 

6 United States and the principles of the Constitu7 tion; and 

8 (D) applying for United States citizenship. 

9 SEC. 2538. PILOT PROGRAM TO PROMOTE IMMIGRANT INTE10 GRATION AT STATE AND LOCAL LEVELS. 

11 (a) GRANTS AUTHORIZED.—The Chief shall establish 

12 a pilot program through which the Chief may award grants, 

13 on a competitive basis, to States and local governments or 

14 other qualifying entities, in collaboration with State and 

15 local governments— 

16 (1) to establish New Immigrant Councils to 

17 carry out programs to integrate new immigrants; or 

18 (2) to carry out programs to integrate new im19 migrants. 

20 (b) APPLICATION.—A State or local government desir21 ing a grant under this section shall submit an application 

22 to the Chief at such time, in such manner, and containing 

23 such information as the Chief may reasonably require, in24 cluding— 


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1 (1) a proposal to meet an objective or combina2 tion of objectives set forth in subsection (d)(3); 

3 (2) the number of new immigrants in the appli4 cant’s jurisdiction; and 

5 (3) a description of the challenges in introducing 

6 and integrating new immigrants into the State or 

7 local community. 

8 (c) PRIORITY.—In awarding grants under this section, 

9 the Chief shall give priority to States and local governments 

10 or other qualifying entities that— 

11 (1) use matching funds from non-Federal 

12 sources, which may include in-kind contributions; 

13 (2) demonstrate collaboration with public and 

14 private entities to achieve the goals of the comprehen15 sive plan developed pursuant to subsection (d)(3); 

16 (3) are 1 of the 10 States with the highest rate 

17 of foreign-born residents; or 

18 (4) have experienced a large increase in the pop19 ulation of immigrants during the most recent 10-year 

20 period relative to past migration patterns, based on 

21 data compiled by the Office of Immigration Statistics 

22 or the United States Census Bureau. 

23 (d) AUTHORIZED ACTIVITIES.—A grant awarded 

24 under this subsection may be used— 


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1 (1) to form a New Immigrant Council, which 

2 shall— 

3 (A) consist of between 15 and 19 individ4 uals, inclusive, from the State, local government, 

5 or qualifying organization; 

6 (B) include, to the extent practicable, rep7 resentatives from— 

8 (i) business; 

9 (ii) faith-based organizations; 

10 (iii) civic organizations; 

11 (iv) philanthropic organizations; 

12 (v) nonprofit organizations, including 

13 those with legal and advocacy experience 

14 working with immigrant communities; 

15 (vi) key education stakeholders, such as 

16 State educational agencies, local edu17 cational agencies, community colleges, and 

18 teachers; 

19 (vii) State adult education offices; 

20 (viii) State or local public libraries; 

21 and 

22 (ix) State or local governments; and 

23 (C) meet not less frequently than once each 

24 quarter; 


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1 (2) to provide subgrants to local communities, 

2 city governments, municipalities, nonprofit organiza3 tions (including veterans’ and patriotic organiza4 tions), or other qualifying entities; 

5 (3) to develop, implement, expand, or enhance a 

6 comprehensive plan to introduce and integrate new 

7 immigrants into the State by— 

8 (A) improving English language skills; 

9 (B) engaging caretakers with limited 

10 English proficiency in their child’s education 

11 through interactive parent and child literacy ac12 tivities; 

13 (C) improving and expanding access to 

14 workforce training programs; 

15 (D) teaching United States history, civics 

16 education, citizenship rights, and responsibil17 ities; 

18 (E) promoting an understanding of the 

19 form of government and history of the United 

20 States and the principles of the Constitution; 

21 (F) improving financial literacy; and 

22 (G) focusing on other key areas of impor23 tance to integration in our society; and 

24 (4) to engage receiving communities in the citi25 zenship and civic integration process by— 


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1 (A) increasing local service capacity; 

2 (B) building meaningful connections be3 tween newer immigrants and long-time resi4 dents; 

5 (C) communicating the contributions of re6 ceiving communities and new immigrants; and 

7 (D) engaging leaders from all sectors of the 

8 community. 

9 (e) REPORTING AND EVALUATION.— 

10 (1) ANNUAL REPORT.—Each grant recipient 

11 shall submit an annual report to the Office that de12 scribes— 

13 (A) the activities undertaken by the grant 

14 recipient, including how such activities meet the 

15 goals of the Office, the Foundation, and the com16 prehensive plan described in subsection (d)(3); 

17 (B) the geographic areas being served; 

18 (C) the number of immigrants in such 

19 areas; and 

20 (D) the primary languages spoken in such 

21 areas. 

22 (2) ANNUAL EVALUATION.—The Chief shall con23 duct an annual evaluation of the grant program es24 tablished under this section— 


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1 (A) to assess and improve the effectiveness 

2 of such grant program; 

3 (B) to assess the future needs of immigrants 

4 and of State and local governments related to 

5 immigrants; and 

6 (C) to ensure that grantees recipients and 

7 subgrantees are acting within the scope and pur8 pose of this subchapter. 

9 SEC. 2539. NATURALIZATION CEREMONIES. 

10 (a) IN GENERAL.—The Chief, in consultation with the 

11 Director of the National Park Service, the Archivist of the 

12 United States, and other appropriate Federal officials, shall 

13 develop and implement a strategy to enhance the public 

14 awareness of naturalization ceremonies. 

15 (b) VENUES.—In developing the strategy under sub16 section (a), the Secretary shall consider the use of out17 standing and historic locations as venues for select natu18 ralization ceremonies. 

19 (c) REPORTING REQUIREMENT.—The Secretary shall 

20 annually submit a report to Congress that contains— 

21 (1) the content of the strategy developed under 

22 subsection (a); and 

23 (2) the progress made towards the implementa24 tion of such strategy. 


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1 CHAPTER 3—FUNDING 

2 SEC. 2541. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) OFFICE OF CITIZENSHIP AND NEW AMERICANS.— 

4 In addition to any amounts otherwise made available to 

5 the Office, there are authorized to be appropriated to carry 

6 out the functions described in section 451(f)(2) of the Home7 land Security Act of 2002 (6 U.S.C. 271(f)(2)), as amended 

8 by section 2511(b)— 

9 (1) $10,000,000 for the 5-year period ending on 

10 September 30, 2018; and 

11 (2) such sums as may be necessary for fiscal year 

12 2019 and subsequent fiscal years. 

13 (b) GRANT PROGRAMS.—There are authorized to be 

14 appropriated to implement the grant programs authorized 

15 under sections 2537 and 2538, and to implement the strat16 egy under section 2539— 

17 (1) $100,000,000 for the 5-year period ending on 

18 September 30, 2018; and 

19 (2) such sums as may be necessary for fiscal year 

20 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 SENIOR 

4 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 requirements 

10 because of physical or mental disability, including de11 velopmental or intellectual disability; 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 not 

19 apply to any person who, on the date on which the person’s 

20 application for naturalization is filed under section 334— 

21 ‘‘(1) is older than 50 years of age and has been 

22 living in the United States for periods totaling at 

23 least 20 years after being lawfully admitted for per24 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 pe16 riods 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 Oc4 tober 1, 2020, the Secretary may not require that an appli5 cant or petitioner for permanent residence or citizenship 

6 of the United States use an electronic method to file any 

7 application or access to a customer account unless the Sec8 retary notifies the Committee on the Judiciary of the Senate 

9 and the Committee on the Judiciary of the House of Rep10 resentatives of such requirement not later than 30 days be11 fore the effective date of such requirement. 

12 SEC. 2553. PERMISSIBLE USE OF ASSISTED HOUSING BY 

13 BATTERED IMMIGRANTS. 

14 Section 214 of the Housing and Community Develop15 ment Act of 1980 (42 U.S.C. 1436a) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (6), by striking ‘‘; or’’ 

18 and inserting a semicolon; 

19 (B) by redesignating paragraph (7) as 

20 paragraph (8); and 

21 (C) by inserting after paragraph (6) the fol22 lowing new paragraph: 

23 ‘‘(7) a qualified alien described in section 431(c) 

24 of the Personal Responsibility and Work Opportunity 


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1 Reconciliation Act of 1996 (8 U.S.C. 1641(c)); or’’; 

2 and 

3 (2) in subsection (c)— 

4 (A) in paragraph (1)(A), by striking ‘‘para5 graphs (1) through (6)’’ and inserting ‘‘para6 graphs (1) through (7)’’; and 

7 (B) in paragraph (2)(A), by inserting 

8 ‘‘(other than a qualified alien described in sec9 tion 431(c) of the Personal Responsibility and 

10 Work Opportunity Reconciliation Act of 1996 (8 

11 U.S.C. 1641(c)))’’ after ‘‘any alien’’. 

12 TITLE III—INTERIOR 

13 ENFORCEMENT 

14 Subtitle A—Employment 

15 Verification System 

16 SEC. 3101. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED 

17 ALIENS. 

18 (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) is 

19 amended to read as follows: 

20 ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. 

21 ‘‘(a) MAKING EMPLOYMENT OF UNAUTHORIZED

22 ALIENS UNLAWFUL.— 

23 ‘‘(1) IN GENERAL.—It is unlawful for an em24 ployer— 


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1 ‘‘(A) to hire, recruit, or refer for a fee an 

2 alien for employment in the United States know3 ing that the alien is an unauthorized alien with 

4 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 EMPLOY11 MENT OF UNAUTHORIZED ALIENS.—It is unlaw12 ful for an employer, after hiring an alien for em13 ployment, to continue to employ the alien in the 

14 United States knowing that the alien is (or has 

15 become) an unauthorized alien with respect to 

16 such employment. 

17 ‘‘(B) PROHIBITION ON CONSIDERATION OF

18 PREVIOUS UNAUTHORIZED STATUS.—Nothing in 

19 this section may be construed to prohibit the em20 ployment of an individual who is authorized for 

21 employment in the United States if such indi22 vidual was previously an unauthorized alien. 

23 ‘‘(3) USE OF LABOR THROUGH CONTRACT.—For 

24 purposes of this section, any employer that uses a 

25 contract, subcontract, or exchange to obtain the labor 


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1 of an alien in the United States while knowing that 

2 the alien is an unauthorized alien with respect to per3 forming such labor shall be considered to have hired 

4 the alien for employment in the United States in vio5 lation of paragraph (1)(A). 

6 ‘‘(4) USE OF STATE EMPLOYMENT AGENCY DOCU7 MENTATION.—For purposes of paragraphs (1)(B), (5), 

8 and (6), an employer shall be deemed to have com9 plied with the requirements under subsection (c) with 

10 respect to the hiring of an individual who was re11 ferred for such employment by a State employment 

12 agency (as defined by the Secretary) if the employer 

13 has and retains (for the period and in the manner de14 scribed in subsection (c)(3)) appropriate documenta15 tion of such referral by such agency, certifying that 

16 such agency has complied with the procedures de17 scribed in subsection (c) with respect to the individ18 ual’s referral. An employer that relies on a State 

19 agency’s certification of compliance with subsection 

20 (c) under this paragraph may utilize and retain the 

21 State agency’s certification of compliance with the 

22 procedures described in subsection (d), if any, in the 

23 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) un16 less the Secretary demonstrates that the em17 ployer had knowledge that an individuals 

18 hired, employed, recruited, or referred by 

19 the employer, person, or entity is an unau20 thorized alien. 

21 ‘‘(B) EXCEPTION FOR CERTAIN EMPLOY22 ERS.—An employer who is not required to par23 ticipate in the System or who is participating in 

24 the System on a voluntary basis pursuant to 

25 subsection (d)(2)(J) has established an affirmaVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01303 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 tive defense under subparagraph (A) and need 

2 not demonstrate compliance with the require3 ments under subsection (d). 

4 ‘‘(6) GOOD FAITH COMPLIANCE.— 

5 ‘‘(A) IN GENERAL.—Except as otherwise 

6 provided in this subsection, an employer, person, 

7 or entity is considered to have complied with a 

8 requirement under this subsection notwith9 standing a technical or procedural failure to 

10 meet such requirement if there was a good faith 

11 attempt to comply with the requirement. 

12 ‘‘(B) EXCEPTION IF FAILURE TO CORRECT

13 AFTER NOTICE.—Subparagraph (A) shall not 

14 apply if— 

15 ‘‘(i) the failure is not de minimis; 

16 ‘‘(ii) the Secretary of Homeland Secu17 rity has explained to the employer, person, 

18 or entity the basis for the failure and why 

19 it is not de minimis; 

20 ‘‘(iii) the employer, person, or entity 

21 has been provided a period of not less than 

22 30 days (beginning after the date of the ex23 planation) to correct the failure; and 


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1 ‘‘(iv) the employer, person, or entity 

2 has not corrected the failure voluntarily 

3 within such period. 

4 ‘‘(C) EXCEPTION FOR PATTERN OR PRAC5 TICE VIOLATORS.—Subparagraph (A) shall not 

6 apply to an employer, person, or entity that has 

7 engaged or is engaging in a pattern or practice 

8 of violations of paragraph (1)(A) or (2). 

9 ‘‘(7) PRESUMPTION.—After the date on which an 

10 employer is required to participate in the System 

11 under subsection (d), the employer is presumed to 

12 have acted with knowledge for purposes of paragraph 

13 (1)(A) if the employer hires, employs, recruits, or re14 fers an employee for a fee and fails to make an in15 quiry to verify the employment authorization status 

16 of the employee through the System. 

17 ‘‘(8) CONTINUED APPLICATION OF WORKFORCE

18 AND LABOR PROTECTION REMEDIES DESPITE UNAU19 THORIZED EMPLOYMENT.— 

20 ‘‘(A) IN GENERAL.—Subject only to sub21 paragraph (B), all rights and remedies provided 

22 under any Federal, State, or local law relating 

23 to workplace rights, including but not limited to 

24 back pay, are available to an employee despite— 


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1 ‘‘(i) the employee’s status as an unau2 thorized alien during or after the period of 

3 employment; or 

4 ‘‘(ii) the employer’s or employee’s fail5 ure to comply with the requirements of this 

6 section. 

7 ‘‘(B) REINSTATEMENT.—Reinstatement 

8 shall be available to individuals who— 

9 ‘‘(i) are authorized to work in the 

10 United States at the time such relief is or11 dered or effectuated; or 

12 ‘‘(ii) lost employment-authorized status 

13 due to the unlawful acts of the employer 

14 under this section. 

15 ‘‘(b) DEFINITIONS.—In this section: 

16 ‘‘(1) COMMISSIONER.—The term ‘Commissioner’ 

17 means the Commissioner of Social Security. 

18 ‘‘(2) DEPARTMENT.—Except as otherwise pro19 vided, the term ‘Department’ means the Department 

20 of Homeland Security. 

21 ‘‘(3) EMPLOYER.—The term ‘employer’ means 

22 any person or entity, including an agency or depart23 ment of a Federal, State, or local government, an 

24 agent, or a System service provider acting on behalf 

25 of an employer, that hires, employs, recruits, or refers 


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1 for a fee an individual for employment in the United 

2 States that is not casual, sporadic, irregular, or inter3 mittent (as defined by the Secretary). 

4 ‘‘(4) EMPLOYMENT AUTHORIZED STATUS.—The 

5 term ‘employment authorized status’ means, with re6 spect to an individual, that the individual is author7 ized to be employed in the United States under the 

8 immigration laws of the United States. 

9 ‘‘(5) SECRETARY.—Except as otherwise specifi10 cally provided, the term ‘Secretary’ means the Sec11 retary of Homeland Security. 

12 ‘‘(6) SYSTEM.—The term ‘System’ means the 

13 Employment Verification System established under 

14 subsection (d). 

15 ‘‘(7) UNAUTHORIZED ALIEN.—The term ‘unau16 thorized alien’ means an alien who, with respect to 

17 employment in the United States at a particular 

18 time— 

19 ‘‘(A) is not lawfully admitted for perma20 nent residence; or 

21 ‘‘(B) is not authorized to be employed under 

22 this Act or by the Secretary. 

23 ‘‘(8) WORKPLACE RIGHTS.—The term ‘workplace 

24 rights’ means rights guaranteed under Federal, State, 

25 or local labor or employment laws, including laws 


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1 concerning wages and hours, benefits and employment 

2 standards, labor relations, workplace health and safe3 ty, work-related injuries, nondiscrimination, and re4 taliation for exercising rights under such laws. 

5 ‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.—Any 

6 employer hiring an individual for employment in the 

7 United States shall comply with the following requirements 

8 and the requirements under subsection (d) to verify that 

9 the individual has employment authorized status. 

10 ‘‘(1) ATTESTATION AFTER EXAMINATION OF DOC11 UMENTATION.— 

12 ‘‘(A) IN GENERAL.— 

13 ‘‘(i) EXAMINATION BY EMPLOYER.—An 

14 employer shall attest, under penalty of per15 jury on a form prescribed by the Secretary, 

16 that the employer has verified the identity 

17 and employment authorization status of the 

18 individual— 

19 ‘‘(I) by examining— 

20 ‘‘(aa) a document specified 

21 in subparagraph (C); or 

22 ‘‘(bb) a document specified in 

23 subparagraph (D) and a docu24 ment specified in subparagraph 

25 (E); and 


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1 ‘‘(II) by utilizing an identity au2 thentication mechanism described in 

3 clause (iii) or (iv) of subparagraph 

4 (F). 

5 ‘‘(ii) PUBLICATION OF DOCUMENTS.— 

6 The Secretary shall publish a picture of 

7 each document specified in subparagraphs 

8 (C) and (E) on the U.S. Citizenship and 

9 Immigration Services website. 

10 ‘‘(B) REQUIREMENTS.— 

11 ‘‘(i) FORM.—The form referred to in 

12 subparagraph (A)(i)— 

13 ‘‘(I) shall be prescribed by the 

14 Secretary not later than 6 months after 

15 the date of the enactment of the Border 

16 Security, Economic Opportunity, and 

17 Immigration Modernization Act; 

18 ‘‘(II) shall be available as— 

19 ‘‘(aa) a paper form; 

20 ‘‘(bb) a form that may be 

21 completed by an employer via 

22 telephone or video conference; 

23 ‘‘(cc) an electronic form; or 


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1 ‘‘(dd) a form that is inte2 grated electronically with the re3 quirements under subsection (d). 

4 ‘‘(ii) ATTESTATION.—Each such form 

5 shall require the employer to sign an attes6 tation with a handwritten, electronic, or 

7 digital pin code signature, according to 

8 standards prescribed by the Secretary. 

9 ‘‘(iii) COMPLIANCE.—An employer has 

10 complied with the requirements under this 

11 paragraph with respect to examination of 

12 the documents included in subclauses (I) 

13 and (II) of subparagraph (A)(i) if— 

14 ‘‘(I) the employer has, in good 

15 faith, followed applicable regulations 

16 and any written procedures or instruc17 tions provided by the Secretary; and 

18 ‘‘(II) a reasonable person would 

19 conclude that the documentation is 

20 genuine and relates to the individual 

21 presenting such documentation. 

22 ‘‘(C) DOCUMENTS ESTABLISHING IDENTITY

23 AND EMPLOYMENT AUTHORIZED STATUS.—A 

24 document is specified in this subparagraph if the 

25 document is unexpired (unless the validity of the 


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1 document is extended by law) and is 1 of the fol2 lowing: 

3 ‘‘(i) A United States passport or pass4 port card issued to an individual pursuant 

5 to the Secretary of State’s authority under 

6 the Act entitled ‘An Act to regulate the issue 

7 and validity of passports, and for other 

8 purposes’, approved July 3, 1926 (22 

9 U.S.C. 211a). 

10 ‘‘(ii) A document issued to an alien ev11 idencing that the alien is lawfully admitted 

12 for permanent residence or another docu13 ment issued to an individual evidencing the 

14 individual’s employment authorized status, 

15 as designated by the Secretary, if the docu16 ment— 

17 ‘‘(I) contains a photograph of the 

18 individual, or such other personal 

19 identifying information relating to the 

20 individual as the Secretary determines, 

21 by regulation, to be sufficient for the 

22 purposes of this subparagraph; 

23 ‘‘(II) is evidence of employment 

24 authorized status; and 


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1 ‘‘(III) contains security features 

2 to make the document resistant to tam3 pering, counterfeiting, and fraudulent 

4 use. 

5 ‘‘(iii) An enhanced driver’s license or 

6 identification card issued to a national of 

7 the United States by a State, an outlying 

8 possession of the United States, or a feder9 ally recognized Indian tribe that— 

10 ‘‘(I) meets the requirements under 

11 section 202 of the REAL ID Act of 

12 2005 (division B of Public Law 109– 

13 13; 49 U.S.C. 30301 note); and 

14 ‘‘(II) the Secretary has certified 

15 by notice published in the Federal Reg16 ister and through appropriate notice 

17 directly to employers registered in the 

18 System 3 months prior to publication 

19 that such enhanced license or card is 

20 suitable for use under this subpara21 graph based upon the accuracy and se22 curity of the issuance process, security 

23 features on the document, and such 

24 other factors as the Secretary may pre25 scribe. 


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1 ‘‘(iv) A passport issued by the appro2 priate authority of a foreign country accom3 panied by a Form I–94 or Form I–94A (or 

4 similar successor record), or other docu5 mentation as designated by the Secretary 

6 that specifies the individual’s status in the 

7 United States and the duration of such sta8 tus if the proposed employment is not in 

9 conflict with any restriction or limitation 

10 specified on such form or documentation. 

11 ‘‘(v) A passport issued by the Fed12 erated States of Micronesia or the Republic 

13 of the Marshall Islands with evidence of 

14 nonimmigrant admission to the United 

15 States under the Compact of Free Associa16 tion between the United States and the Fed17 erated States of Micronesia or the Republic 

18 of the Marshall Islands. 

19 ‘‘(D) DOCUMENTS ESTABLISHING IDENTITY

20 OF INDIVIDUAL.—A document is specified in this 

21 subparagraph if the document is unexpired (un22 less the validity of the document is extended by 

23 law) and is 1 of the following: 

24 ‘‘(i) A driver’s license or identity card 

25 that is not described in subparagraph 


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1 (C)(iii) and is issued to an individual by a 

2 State or an outlying possession of the 

3 United States, a federally recognized Indian 

4 tribe, or an agency (including military) of 

5 the Federal Government if the driver’s li6 cense or identity card includes, at a min7 imum— 

8 ‘‘(I) the individual’s photograph, 

9 name, date of birth, gender, and driv10 er’s license or identification card num11 ber; and 

12 ‘‘(II) security features to make the 

13 license or card resistant to tampering, 

14 counterfeiting, and fraudulent use. 

15 ‘‘(ii) A voter registration card. 

16 ‘‘(iii) A document that complies with 

17 the requirements under section 7209(b)(1) of 

18 the Intelligence Reform and Terrorism Pre19 vention Act of 2004 (Public Law 108–458; 

20 8 U.S.C. 1185 note). 

21 ‘‘(iv) For individuals under 18 years 

22 of age who are unable to present a docu23 ment listed in clause (i) or (ii), documenta24 tion of personal identity of such other type 

25 as the Secretary determines will provide a 


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1 reliable means of identification, which may 

2 include an attestation as to the individual’s 

3 identity by a parent or legal guardian 

4 under penalty of perjury. 

5 ‘‘(E) DOCUMENTS EVIDENCING EMPLOY6 MENT AUTHORIZATION.—A document is specified 

7 in this subparagraph if the document is unex8 pired (unless the validity of the document is ex9 tended by law) and is 1 of the following: 

10 ‘‘(i) A social security account number 

11 card issued by the Commissioner, other than 

12 a card which specifies on its face that the 

13 card is not valid to evidence employment 

14 authorized status or has other similar words 

15 of limitation. 

16 ‘‘(ii) Any other documentation evidenc17 ing employment authorized status that the 

18 Secretary determines and publishes in the 

19 Federal Register and through appropriate 

20 notice directly to employers registered with21 in the System to be acceptable for purposes 

22 of this subparagraph if such documentation, 

23 including any electronic security measures 

24 linked to such documentation, contains se25 curity features to make such documentation 


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1 resistant to tampering, counterfeiting, and 

2 fraudulent use. 

3 ‘‘(F) IDENTITY AUTHENTICATION MECHA4 NISM.— 

5 ‘‘(i) DEFINITIONS.—In this subpara6 graph: 

7 ‘‘(I) COVERED IDENTITY DOCU8 MENT.—The term ‘covered identity 

9 document’ means a valid— 

10 ‘‘(aa) United States passport, 

11 passport card, or a document evi12 dencing lawful permanent resi13 dence status or employment au14 thorized status issued to an alien; 

15 ‘‘(bb) enhanced driver’s li16 cense or identity card issued by a 

17 participating State or an out18 lying possession of the United 

19 States; or 

20 ‘‘(cc) photograph and appro21 priate identifying information 

22 provided by the Secretary of State 

23 pursuant to the granting of a 

24 visa. 


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1 ‘‘(II) PARTICIPATING STATE.— 

2 The term ‘participating State’ means a 

3 State that has an agreement with the 

4 Secretary to provide the Secretary, for 

5 purposes of identity verification in the 

6 System, with photographs and appro7 priate identifying information main8 tained by the State. 

9 ‘‘(ii) REQUIREMENT FOR IDENTITY AU10 THENTICATION.—In addition to verifying 

11 the documents specified in subparagraph 

12 (C), (D), or (E) and utilizing the System 

13 under subsection (d), each employer shall 

14 use an identity authentication mechanism 

15 described in clause (iii) or provided in 

16 clause (iv) after it becomes available to 

17 verify the identity of each individual the 

18 employer seeks to hire. 

19 ‘‘(iii) PHOTO TOOL.— 

20 ‘‘(I) USE REQUIREMENT.—An em21 ployer hiring an individual who has a 

22 covered identity document shall verify 

23 the identity of such individual using 

24 the photo tool described in subclause 

25 (II). 


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1 ‘‘(II) DEVELOPMENT REQUIRE2 MENT.—The Secretary shall develop 

3 and maintain a photo tool that enables 

4 employers to match the photo on a cov5 ered identity document provided to the 

6 employer to a photo maintained by a 

7 U.S. Citizenship and Immigration 

8 Services database. 

9 ‘‘(iv) ADDITIONAL SECURITY MEAS10 URES.— 

11 ‘‘(I) USE REQUIREMENT.—An em12 ployer seeking to hire an individual 

13 whose identity may not be verified 

14 using the photo tool described in clause 

15 (iii) shall verify the identity of such 

16 individual using the additional secu17 rity measures described in subclause 

18 (II). 

19 ‘‘(II) DEVELOPMENT REQUIRE20 MENT.—The Secretary shall develop, 

21 after publication in the Federal Reg22 ister and an opportunity for public 

23 comment, specific and effective addi24 tional security measures to adequately 

25 verify the identity of an individual 


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1 whose identity may not be verified 

2 using the photo tool described in clause 

3 (iii). Such additional security meas4 ures— 

5 ‘‘(aa) shall be kept up-to-date 

6 with technological advances; and 

7 ‘‘(bb) shall provide a means 

8 of identity authentication in a 

9 manner that provides a high level 

10 of certainty as to the identity of 

11 such individual, using immigra12 tion and identifying information 

13 that may include review of iden14 tity documents or background 

15 screening verification techniques 

16 using publicly available informa17 tion. 

18 ‘‘(G) AUTHORITY TO PROHIBIT USE OF CER19 TAIN DOCUMENTS.—If the Secretary determines, 

20 after publication in the Federal Register and an 

21 opportunity for public comment, that any docu22 ment or class of documents specified in subpara23 graph (B), (C), or (D) does not reliably establish 

24 identity or that employment authorized status is 


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1 being used fraudulently to an unacceptable de2 gree, the Secretary— 

3 ‘‘(i) may prohibit or restrict the use of 

4 such document or class of documents for 

5 purposes of this subsection; and 

6 ‘‘(ii) shall directly notify all employers 

7 registered within the System of the prohibi8 tion through appropriate means. 

9 ‘‘(H) AUTHORITY TO ALLOW USE OF CER10 TAIN DOCUMENTS.—If the Secretary has deter11 mined that another document or class of docu12 ments, such as a document issued by a federally 

13 recognized Indian tribe, may be used to reliably 

14 establish identity or employment authorized sta15 tus, the Secretary— 

16 ‘‘(i) may allow the use of that docu17 ment or class of documents for purposes of 

18 this subsection after publication in the Fed19 eral Register and an opportunity for public 

20 comment; 

21 ‘‘(ii) shall publish a description of any 

22 such document or class of documents on the 

23 U.S. Citizenship and Immigration Services 

24 website; and 


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1 ‘‘(iii) shall directly notify all employ2 ers registered within the System of the addi3 tion through appropriate means. 

4 ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOYMENT

5 AUTHORIZATION.—An individual, upon commencing 

6 employment with an employer, shall— 

7 ‘‘(A) attest, under penalty of perjury, on the 

8 form prescribed by the Secretary, that the indi9 vidual is— 

10 ‘‘(i) a citizen of the United States; 

11 ‘‘(ii) an alien lawfully admitted for 

12 permanent residence; 

13 ‘‘(iii) an alien who has employment 

14 authorized status; or 

15 ‘‘(iv) otherwise authorized by the Sec16 retary to be hired for such employment; 

17 ‘‘(B) provide such attestation by a hand18 written, electronic, or digital pin code signature; 

19 and 

20 ‘‘(C) provide the individual’s social security 

21 account number to the Secretary, unless the indi22 vidual has not yet been issued such a number, on 

23 such form as the Secretary may require. 

24 ‘‘(3) RETENTION OF VERIFICATION RECORD.— 


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1 ‘‘(A) IN GENERAL.—After completing a 

2 form for an individual in accordance with para3 graphs (1) and (2), the employer shall retain a 

4 version of such completed form and make such 

5 form available for inspection by the Secretary or 

6 the Office of Special Counsel for Immigration7 Related Unfair Employment Practices of the De8 partment of Justice during the period beginning 

9 on the hiring date of the individual and ending 

10 on the later of— 

11 ‘‘(i) the date that is 3 years after such 

12 hiring date; or 

13 ‘‘(ii) the date that is 1 year after the 

14 date on which the individual’s employment 

15 with the employer is terminated. 

16 ‘‘(B) REQUIREMENT FOR ELECTRONIC RE17 TENTION.—The Secretary— 

18 ‘‘(i) shall permit an employer to retain 

19 the form described in subparagraph (A) in 

20 electronic form; and 

21 ‘‘(ii) shall permit an employer to re22 tain such form in paper, microfiche, micro23 film, portable document format, or other 

24 media. 


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1 ‘‘(4) COPYING OF DOCUMENTATION AND RECORD2 KEEPING.—The Secretary may promulgate regula3 tions regarding— 

4 ‘‘(A) copying documents and related infor5 mation pertaining to employment verification 

6 presented by an individual under this subsection; 

7 and 

8 ‘‘(B) retaining such information during a 

9 period not to exceed the required retention period 

10 set forth in paragraph (3). 

11 ‘‘(5) PENALTIES.—An employer that fails to 

12 comply with any requirement under this subsection 

13 may be penalized under subsection (e)(4)(B). 

14 ‘‘(6) PROTECTION OF CIVIL RIGHTS.— 

15 ‘‘(A) IN GENERAL.—Nothing in this section 

16 may be construed to diminish any rights other17 wise protected by Federal law. 

18 ‘‘(B) PROHIBITION ON DISCRIMINATION.— 

19 An employer shall use the procedures for docu20 ment verification set forth in this paragraph for 

21 all employees without regard to race, color, reli22 gion, sex, national origin, or, unless specifically 

23 permitted in this section, to citizenship status. 

24 ‘‘(7) RECEIPTS.—The Secretary may authorize 

25 the use of receipts for replacement documents, and 


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1 temporary evidence of employment authorization by 

2 an individual to meet a documentation requirement 

3 under this subsection on a temporary basis not to ex4 ceed 1 year, after which time the individual shall pro5 vide documentation sufficient to satisfy the docu6 mentation requirements under this subsection. 

7 ‘‘(8) NO AUTHORIZATION OF NATIONAL IDENTI8 FICATION CARDS.—Nothing in this section may be 

9 construed to directly or indirectly authorize the 

10 issuance, use, or establishment of a national identi11 fication card. 

12 ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.— 

13 ‘‘(1) IN GENERAL.— 

14 ‘‘(A) ESTABLISHMENT.—The Secretary, in 

15 consultation with the Commissioner, shall estab16 lish the Employment Verification System. 

17 ‘‘(B) MONITORING.—The Secretary shall 

18 create the necessary processes to monitor— 

19 ‘‘(i) the functioning of the System, in20 cluding the volume of the workflow, the 

21 speed of processing of queries, the speed and 

22 accuracy of responses; 

23 ‘‘(ii) the misuse of the System, includ24 ing the prevention of fraud or identity theft; 


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1 ‘‘(iii) whether the use of the System re2 sults in wrongful adverse actions or dis3 crimination based upon a prohibited factor 

4 against citizens or nationals of the United 

5 States or individuals who have employment 

6 authorized status; and 

7 ‘‘(iv) the security, integrity, and pri8 vacy of the System. 

9 ‘‘(C) PROCEDURES.—The Secretary— 

10 ‘‘(i) shall create processes to provide an 

11 individual with direct access to the individ12 ual’s case history in the System, includ13 ing— 

14 ‘‘(I) the identities of all persons or 

15 entities that have queried the indi16 vidual through the System; 

17 ‘‘(II) the date of each such query; 

18 and 

19 ‘‘(III) the System response for 

20 each such query; and 

21 ‘‘(ii) in consultation with the Commis22 sioner, shall develop— 

23 ‘‘(I) protocols to notify an indi24 vidual, in a timely manner through 

25 the use of electronic correspondence or 


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1 mail, that a query for the individual 

2 has been processed through the System; 

3 or 

4 ‘‘(II) a process for the individual 

5 to submit additional queries to the 

6 System or notify the Secretary of po7 tential identity fraud. 

8 ‘‘(2) PARTICIPATION REQUIREMENTS.— 

9 ‘‘(A) FEDERAL GOVERNMENT.—Except as 

10 provided in subparagraph (B), all agencies and 

11 departments in the executive, legislative, or judi12 cial branches of the Federal Government shall 

13 participate in the System beginning on the ear14 lier of— 

15 ‘‘(i) the date of the enactment of the 

16 Border Security, Economic Opportunity, 

17 and Immigration Modernization Act, to the 

18 extent required under section 402(e)(1) of 

19 the Illegal Immigration Reform and Immi20 grant Responsibility Act of 1996 (division 

21 C of Public Law 104–208; 8 U.S.C. 1324a) 

22 and as already implemented by each agency 

23 or department; or 

24 ‘‘(ii) the date that is 90 days after the 

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1 rity, Economic Opportunity, and Immigra2 tion Modernization Act. 

3 ‘‘(B) FEDERAL CONTRACTORS.—Federal 

4 contractors shall participate in the System as 

5 provided in the final rule relating to employ6 ment eligibility verification published in the 

7 Federal Register on November 14, 2008 (73 Fed. 

8 Reg. 67,651), or any similar subsequent regula9 tion, for which purpose references to E-Verify in 

10 the final rule shall be construed to apply to the 

11 System. 

12 ‘‘(C) CRITICAL INFRASTRUCTURE.— 

13 ‘‘(i) IN GENERAL.—Beginning on the 

14 date that is 1 year after the date on which 

15 regulations are published implementing this 

16 subsection, the Secretary may authorize or 

17 direct any employer, person, or entity re18 sponsible for granting access to, protecting, 

19 securing, operating, administering, or regu20 lating part of the critical infrastructure (as 

21 defined in section 1016(e) of the Critical In22 frastructure Protection Act of 2001 (42 

23 U.S.C. 5195c(e))) to participate in the Sys24 tem to the extent the Secretary determines 


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1 that such participation will assist in the 

2 protection of the critical infrastructure. 

3 ‘‘(ii) NOTIFICATION TO EMPLOYERS.— 

4 The Secretary shall notify an employer re5 quired to participate in the System under 

6 this subparagraph not later than 90 days 

7 before the date on which the employer is re8 quired to participate. 

9 ‘‘(D) EMPLOYERS WITH MORE THAN 5,000

10 EMPLOYEES.—Not later than 2 years after regu11 lations are published implementing this sub12 section, all employers with more than 5,000 em13 ployees shall participate in the System with re14 spect to all newly hired employees and employees 

15 with expiring temporary employment authoriza16 tion documents. 

17 ‘‘(E) EMPLOYERS WITH MORE THAN 500 EM18 PLOYEES.—Not later than 3 years after regula19 tions are published implementing this subsection, 

20 all employers with more than 500 employees 

21 shall participate in the System with respect to 

22 all newly hired employees and employees with 

23 expiring temporary employment authorization 

24 documents. 


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1 ‘‘(F) AGRICULTURAL EMPLOYMENT.—Not 

2 later than 4 years after regulations are published 

3 implementing this subsection, employers of em4 ployees performing agricultural employment (as 

5 defined in section 218A of this Act and section 

6 2202 of the Border Security, Economic Oppor7 tunity, and Immigration Modernization Act) 

8 shall participate in the System with respect to 

9 all newly hired employees and employees with 

10 expiring temporary employment authorization 

11 documents. An agricultural employee shall not be 

12 counted for purposes of subparagraph (D) or 

13 (E). 

14 ‘‘(G) ALL EMPLOYERS.—Except as provided 

15 in subparagraph (H), not later than 4 years 

16 after regulations are published implementing 

17 this subsection, all employers shall participate in 

18 the System with respect to all newly hired em19 ployees and employees with expiring temporary 

20 employment authorization documents. 

21 ‘‘(H) TRIBAL GOVERNMENT EMPLOYERS.— 

22 ‘‘(i) RULEMAKING.—In developing reg23 ulations to implement this subsection, the 

24 Secretary shall— 


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1 ‘‘(I) consider the effects of this sec2 tion on federally recognized Indian 

3 tribes and tribal members; and 

4 ‘‘(II) consult with the governments 

5 of federally recognized Indian tribes. 

6 ‘‘(ii) REQUIRED PARTICIPATION.—Not 

7 later than 5 years after regulations are pub8 lished implementing this subsection, all em9 ployers owned by, or entities of, the govern10 ment of a federally recognized Indian tribe 

11 shall participate in the System with respect 

12 to all newly hired employees and employees 

13 with expiring temporary employment au14 thorization documents. 

15 ‘‘(I) IMMIGRATION LAW VIOLATORS.— 

16 ‘‘(i) ORDERS FINDING VIOLATIONS.— 

17 An order finding any employer to have vio18 lated this section or section 274C may, in 

19 the Secretary’s discretion, require the em20 ployer to participate in the System with re21 spect to newly hired employees and employ22 ees with expiring temporary employment 

23 authorization documents, if such employer 

24 is not otherwise required to participate in 

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1 retary shall monitor such employer’s com2 pliance with System procedures. 

3 ‘‘(ii) PATTERN OR PRACTICE OF VIOLA4 TIONS.—The Secretary may require an em5 ployer that is required to participate in the 

6 System with respect to newly hired employ7 ees to participate in the System with re8 spect to the employer’s current employees if 

9 the employer is determined by the Secretary 

10 or other appropriate authority to have en11 gaged in a pattern or practice of violations 

12 of the immigration laws of the United 

13 States. 

14 ‘‘(J) VOLUNTARY PARTICIPATION.—The Sec15 retary may permit any employer that is not re16 quired to participate in the System under this 

17 section to do so on a voluntary basis. 

18 ‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI19 PATE.— 

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

21 subparagraph (B), the failure, other than a de 

22 minimis or inadvertent failure, of an employer 

23 that is required to participate in the System to 

24 comply with the requirements of the System with 

25 respect to an individual— 


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1 ‘‘(i) shall be treated as a violation of 

2 subsection (a)(1)(B) with respect to that in3 dividual; and 

4 ‘‘(ii) creates a rebuttable presumption 

5 that the employer has violated paragraph 

6 (1)(A) or (2) of subsection (a). 

7 ‘‘(B) EXCEPTION.— 

8 ‘‘(i) IN GENERAL.—Subparagraph (A) 

9 shall not apply in a criminal prosecution. 

10 ‘‘(ii) USE AS EVIDENCE.—Nothing in 

11 this paragraph may be construed to limit 

12 the use in the prosecution of a Federal 

13 crime, in a manner otherwise consistent 

14 with Federal criminal law and procedure, 

15 of evidence relating to the employer’s failure 

16 to comply with requirements of the System. 

17 ‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE

18 SYSTEM.— 

19 ‘‘(A) IN GENERAL.—An employer partici20 pating in the System shall register such partici21 pation with the Secretary and, when hiring any 

22 individual for employment in the United States, 

23 shall comply with the following: 

24 ‘‘(i) REGISTRATION OF EMPLOYERS.— 

25 The Secretary, through notice in the Federal 


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1 Register, shall prescribe procedures that em2 ployers shall be required to follow to register 

3 with the System. 

4 ‘‘(ii) UPDATING INFORMATION.—The 

5 employer is responsible for providing notice 

6 of any change to the information required 

7 under subclauses (I), (II), and (III) of 

8 clause (v) before conducting any further in9 quiries within the System, or on such other 

10 schedule as the Secretary may prescribe. 

11 ‘‘(iii) TRAINING.—The Secretary shall 

12 require employers to undergo such training 

13 as the Secretary determines to be necessary 

14 to ensure proper use, protection of civil 

15 rights and civil liberties, privacy, integrity, 

16 and security of the System. To the extent 

17 practicable, such training shall be made 

18 available electronically on the U.S. Citizen19 ship and Immigration Services website. 

20 ‘‘(iv) NOTIFICATION TO EMPLOYEES.— 

21 The employer shall inform individuals hired 

22 for employment that the System— 

23 ‘‘(I) will be used by the employer; 

24 ‘‘(II) may be used for immigra25 tion enforcement purposes; and 


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1 ‘‘(III) may not be used to dis2 criminate or to take adverse action 

3 against a national of the United States 

4 or an alien who has employment au5 thorized status. 

6 ‘‘(v) PROVISION OF ADDITIONAL INFOR7 MATION.—The employer shall obtain from 

8 the individual (and the individual shall 

9 provide) and shall record in such manner 

10 as the Secretary may specify— 

11 ‘‘(I) the individual’s social secu12 rity account number; 

13 ‘‘(II) if the individual does not at14 test to United States citizenship or sta15 tus as a national of the United States 

16 under subsection (c)(2), such identi17 fication or authorization number estab18 lished by the Department as the Sec19 retary shall specify; and 

20 ‘‘(III) such other information as 

21 the Secretary may require to determine 

22 the identity and employment author23 ization of an individual. 

24 ‘‘(vi) PRESENTATION OF DOCUMENTA25 TION.—The employer, and the individual 


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1 whose identity and employment authorized 

2 status are being confirmed, shall fulfill the 

3 requirements under subsection (c). 

4 ‘‘(B) SEEKING CONFIRMATION.— 

5 ‘‘(i) IN GENERAL.—An employer shall 

6 use the System to confirm the identity and 

7 employment authorized status of any indi8 vidual during— 

9 ‘‘(I) the period beginning on the 

10 date on which the individual accepts 

11 an offer of employment and ending 3 

12 business days after the date on which 

13 employment begins; or 

14 ‘‘(II) such other reasonable period 

15 as the Secretary may prescribe. 

16 ‘‘(ii) LIMITATION.—An employer may 

17 not make the starting date of an individ18 ual’s employment or training or any other 

19 term and condition of employment depend20 ent on the receipt of a confirmation of iden21 tity and employment authorized status by 

22 the System. 

23 ‘‘(iii) REVERIFICATION.—If an indi24 vidual has a limited period of employment 

25 authorized status, the individual’s employer 


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1 shall reverify such status through the Sys2 tem not later than 3 business days after the 

3 last day of such period. 

4 ‘‘(iv) OTHER EMPLOYMENT.—For em5 ployers directed by the Secretary to partici6 pate in the System under paragraph 

7 (2)(C)(i) to protect critical infrastructure or 

8 otherwise specified circumstances in this 

9 section to verify their entire workforce, the 

10 System may be used for initial verification 

11 of an individual who was hired before the 

12 employer became subject to the System, and 

13 the employer shall initiate all required pro14 cedures on or before such date as the Sec15 retary shall specify. 

16 ‘‘(v) NOTIFICATION.— 

17 ‘‘(I) IN GENERAL.—The Secretary 

18 shall provide, and the employer shall 

19 utilize, as part of the System, a method 

20 of notifying employers of a confirma21 tion or nonconfirmation of an individ22 ual’s identity and employment author23 ized status, or a notice that further ac24 tion is required to verify such identity 

25 or employment eligibility (referred to 


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1 in this subsection as a ‘further action 

2 notice’). 

3 ‘‘(II) PROCEDURES.—The Sec4 retary shall— 

5 ‘‘(aa) directly notify the in6 dividual and the employer, by 

7 means of electronic correspond8 ence, mail, text message, tele9 phone, or other direct communica10 tion, of a nonconfirmation or fur11 ther action notice; 

12 ‘‘(bb) provide information 

13 about filing an administrative 

14 appeal under paragraph (6) and 

15 a filing for review before an ad16 ministrative law judge under 

17 paragraph (7); and 

18 ‘‘(cc) establish procedures to 

19 directly notify the individual and 

20 the employer of a confirmation. 

21 ‘‘(III) IMPLEMENTATION.—The 

22 Secretary may provide for a phased-in 

23 implementation of the notification re24 quirements under this clause, as ap25 propriate. The notification system 


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1 shall cover all inquiries not later than 

2 1 year from the date of the enactment 

3 of the Border Security, Economic Op4 portunity, and Immigration Mod5 ernization Act. 

6 ‘‘(C) CONFIRMATION OR NONCONFIRMA7 TION.— 

8 ‘‘(i) INITIAL RESPONSE.— 

9 ‘‘(I) IN GENERAL.—Except as pro10 vided in subclause (II), the System 

11 shall provide— 

12 ‘‘(aa) a confirmation of an 

13 individual’s identity and employ14 ment authorized status or a fur15 ther action notice at the time of 

16 the inquiry; and 

17 ‘‘(bb) an appropriate code 

18 indicating such confirmation or 

19 such further action notice. 

20 ‘‘(II) ALTERNATIVE DEADLINE.— 

21 If the System is unable to provide im22 mediate confirmation or further action 

23 notice for technological reasons or due 

24 to unforeseen circumstances, the Sys25 tem shall provide a confirmation or 


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1 further action notice not later than 3 

2 business days after the initial inquiry. 

3 ‘‘(ii) CONFIRMATION UPON INITIAL IN4 QUIRY.—If the employer receives an appro5 priate confirmation of an individual’s iden6 tity and employment authorized status 

7 under the System, the employer shall record 

8 the confirmation in such manner as the 

9 Secretary may specify. 

10 ‘‘(iii) FURTHER ACTION NOTICE AND

11 LATER CONFIRMATION OR NONCONFIRMA12 TION.— 

13 ‘‘(I) NOTIFICATION AND ACKNOWL14 EDGMENT THAT FURTHER ACTION IS

15 REQUIRED.—Not later than 3 business 

16 days after an employer receives a fur17 ther action notice of an individual’s 

18 identity or employment eligibility 

19 under the System, or during such other 

20 reasonable time as the Secretary may 

21 prescribe, the employer shall notify the 

22 individual for whom the confirmation 

23 is sought of the further action notice 

24 and any procedures specified by the 

25 Secretary for addressing such notice. 


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1 The further action notice shall be given 

2 to the individual in writing and the 

3 employer shall acknowledge in the Sys4 tem under penalty of perjury that it 

5 provided the employee with the further 

6 action notice. The individual shall af7 firmatively acknowledge in writing, or 

8 in such other manner as the Secretary 

9 may specify, the receipt of the further 

10 action notice from the employer. If the 

11 individual refuses to acknowledge the 

12 receipt of the further action notice, or 

13 acknowledges in writing that the indi14 vidual will not contest the further ac15 tion notice under subclause (II), the 

16 employer shall notify the Secretary in 

17 such manner as the Secretary may 

18 specify. 

19 ‘‘(II) CONTEST.—Not later than 

20 10 business days after receiving notifi21 cation of a further action notice under 

22 subclause (I), the individual shall con23 tact the appropriate Federal agency 

24 and, if the Secretary so requires, ap25 pear in person for purposes of 


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1 verifying the individual’s identity and 

2 employment eligibility. The Secretary, 

3 in consultation with the Commissioner 

4 and other appropriate Federal agen5 cies, shall specify an available sec6 ondary verification procedure to con7 firm the validity of information pro8 vided and to provide a confirmation or 

9 nonconfirmation. Any procedures for 

10 reexamination shall not limit in any 

11 way an employee’s right to appeal a 

12 nonconfirmation. 

13 ‘‘(III) NO CONTEST.—If the indi14 vidual refuses to acknowledge receipt of 

15 the further action notice, acknowledges 

16 that the individual will not contest the 

17 further action notice as provided in 

18 subclause (I), or does not contact the 

19 appropriate Federal agency within the 

20 period specified in subclause (II), fol21 lowing expiration of the period speci22 fied in subclause (II), a nonconfirma23 tion shall be issued. The employer shall 

24 record the nonconfirmation in such 

25 manner as the Secretary may specify 


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1 and terminate the individual’s employ2 ment. An individual’s failure to contest 

3 a further action notice shall not be 

4 considered an admission of guilt with 

5 respect to any violation of this section 

6 or any provision of law. 

7 ‘‘(IV) CONFIRMATION OR NONCON8 FIRMATION.—Unless the period is ex9 tended in accordance with this sub10 clause, the System shall provide a con11 firmation or nonconfirmation not later 

12 than 10 business days after the date on 

13 which the individual contests the fur14 ther action notice under subclause (II). 

15 If the Secretary determines that good 

16 cause exists, after taking into account 

17 adverse impacts to the employer, and 

18 including time to permit the indi19 vidual to obtain and provide needed 

20 evidence of identity or employment eli21 gibility, the Secretary shall extend the 

22 period for providing confirmation or 

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1 vided, the confirmation system shall 

2 provide an appropriate code indicating 

3 such confirmation or nonconfirmation. 

4 ‘‘(V) REEXAMINATION.—Nothing 

5 in this section shall prevent the Sec6 retary from establishing procedures to 

7 reexamine a case where a confirmation 

8 or nonconfirmation has been provided 

9 if subsequently received information 

10 indicates that the confirmation or non11 confirmation may not have been cor12 rect. Any procedures for reexamination 

13 shall not limit in any way an employ14 ee’s right to appeal a nonconfirmation. 

15 ‘‘(VI) EMPLOYEE PROTECTIONS.— 

16 An employer may not terminate em17 ployment or take any other adverse ac18 tion against an individual solely be19 cause of a failure of the individual to 

20 have identity and employment eligi21 bility confirmed under this subsection 

22 until— 

23 ‘‘(aa) a nonconfirmation has 

24 been issued; 


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1 ‘‘(bb) if the further action no2 tice was contested, the period to 

3 timely file an administrative ap4 peal has expired without an ap5 peal or the contestation to the fur6 ther action notice is withdrawn; 

7 or 

8 ‘‘(cc) if an appeal before an 

9 administrative law judge under 

10 paragraph (7) has been filed, the 

11 nonconfirmation has been upheld 

12 or the appeal has been withdrawn 

13 or dismissed. 

14 ‘‘(iv) NOTICE OF NONCONFIRMATION.— 

15 Not later than 3 business days after an em16 ployer receives a nonconfirmation, or dur17 ing such other reasonable time as the Sec18 retary may provide, the employer shall no19 tify the individual who is the subject of the 

20 nonconfirmation, and provide information 

21 about filing an administrative appeal pur22 suant to paragraph (6) and a request for a 

23 hearing before an administrative law judge 

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1 vidual in writing and the employer shall 

2 acknowledge in the System under penalty of 

3 perjury that it provided the notice (or ade4 quately attempted to provide notice, but was 

5 unable to do so despite reasonable efforts). 

6 The individual shall affirmatively acknowl7 edge in writing, or in such other manner as 

8 the Secretary may prescribe, the receipt of 

9 the nonconfirmation notice from the em10 ployer. If the individual refuses or fails to 

11 acknowledge the receipt of the nonconfirma12 tion notice, the employer shall notify the 

13 Secretary in such manner as the Secretary 

14 may prescribe. 

15 ‘‘(D) CONSEQUENCES OF NONCONFIRMA16 TION.— 

17 ‘‘(i) TERMINATION OF CONTINUED EM18 PLOYMENT.—Except as provided in clause 

19 (iii), an employer that has received a non20 confirmation regarding an individual and 

21 has made reasonable efforts to notify the in22 dividual in accordance with subparagraph 

23 (C)(iv) shall terminate the employment of 

24 the individual upon the expiration of the 

25 time period specified in paragraph (7). 


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1 ‘‘(ii) CONTINUED EMPLOYMENT AFTER

2 NONCONFIRMATION.—If the employer con3 tinues to employ an individual after receiv4 ing nonconfirmation and exhaustion of all 

5 appeals or expiration of all rights to appeal 

6 if not appealed, in violation of clause (i), a 

7 rebuttable presumption is created that the 

8 employer has violated paragraphs (1)(A) 

9 and (2) of subsection (a). Such presumption 

10 shall not apply in any prosecution under 

11 subsection (k)(1). 

12 ‘‘(iii) EFFECT OF ADMINISTRATIVE AP13 PEAL OR REVIEW BY ADMINISTRATIVE LAW

14 JUDGE.—If an individual files an adminis15 trative appeal of the nonconfirmation with16 in the time period specified in paragraph 

17 (6)(A), or files for review with an adminis18 trative law judge specified in paragraph 

19 (7)(A), the employer shall not terminate the 

20 individual’s employment under this sub21 paragraph prior to the resolution of the ad22 ministrative appeal unless the Secretary or 

23 Commissioner terminates the stay under 

24 paragraph (6)(B) or (7)(B). 


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1 ‘‘(iv) WEEKLY REPORT.—The Director 

2 of U.S. Citizenship and Immigration Serv3 ices shall submit a weekly report to the As4 sistant Secretary for Immigration and Cus5 toms Enforcement that includes, for each in6 dividual who receives final nonconfirmation 

7 through the System— 

8 ‘‘(I) the name of such individual; 

9 ‘‘(II) his or her social security 

10 number or alien file number; 

11 ‘‘(III) the name and contact infor12 mation for his or her current employer; 

13 and 

14 ‘‘(IV) any other critical informa15 tion that the Assistant Secretary deter16 mines to be appropriate. 

17 ‘‘(E) OBLIGATION TO RESPOND TO QUERIES

18 AND ADDITIONAL INFORMATION.— 

19 ‘‘(i) IN GENERAL.—Employers shall 

20 comply with requests for information from 

21 the Secretary and the Special Counsel for 

22 Immigration-Related Unfair Employment 

23 Practices of the Department of Justice, in24 cluding queries concerning current and 

25 former employees, within the time frame 


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1 during which records are required to be 

2 maintained under this section regarding 

3 such former employees, if such information 

4 relates to the functioning of the System, the 

5 accuracy of the responses provided by the 

6 System, or any suspected misuse, discrimi7 nation, fraud, or identity theft in the use of 

8 the System. Failure to comply with a re9 quest under this clause constitutes a viola10 tion of subsection (a)(1)(B). 

11 ‘‘(ii) ACTION BY INDIVIDUALS.— 

12 ‘‘(I) IN GENERAL.—Individuals 

13 being verified through the System may 

14 be required to take further action to 

15 address questions identified by the Sec16 retary or the Commissioner regarding 

17 the documents relied upon for purposes 

18 of subsection (c). 

19 ‘‘(II) NOTIFICATION.—Not later 

20 than 3 business days after the receipt 

21 of such questions regarding an indi22 vidual, or during such other reasonable 

23 time as the Secretary may prescribe, 

24 the employer shall— 


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1 ‘‘(aa) notify the individual of 

2 any such requirement for further 

3 actions; and 

4 ‘‘(bb) record the date and 

5 manner of such notification. 

6 ‘‘(III) ACKNOWLEDGMENT.—The 

7 individual shall acknowledge the notifi8 cation received from the employer 

9 under subclause (II) in writing, or in 

10 such other manner as the Secretary 

11 may prescribe. 

12 ‘‘(iii) RULEMAKING.— 

13 ‘‘(I) IN GENERAL.—The Secretary, 

14 in consultation with the Commissioner 

15 and the Attorney General, is author16 ized to issue regulations implementing, 

17 clarifying, and supplementing the re18 quirements under this subparagraph— 

19 ‘‘(aa) to facilitate the func20 tioning, accuracy, and fairness of 

21 the System; 

22 ‘‘(bb) to prevent misuse, dis23 crimination, fraud, or identity 

24 theft in the use of the System; or 


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1 ‘‘(cc) to protect and main2 tain the confidentiality of infor3 mation that could be used to lo4 cate or otherwise place at risk of 

5 harm victims of domestic violence, 

6 dating violence, sexual assault, 

7 stalking, and human trafficking, 

8 and of the applicant or bene9 ficiary of any petition described 

10 in section 384(a)(2) of the Illegal 

11 Immigration Reform and Immi12 grant Responsibility Act of 1996 

13 (8 U.S.C. 1367(a)(2)). 

14 ‘‘(II) NOTICE.—The regulations 

15 issued under subclause (I) shall be— 

16 ‘‘(aa) published in the Fed17 eral Register; and 

18 ‘‘(bb) provided directly to all 

19 employers registered in the Sys20 tem. 

21 ‘‘(F) DESIGNATED AGENTS.—The Secretary 

22 shall establish a process— 

23 ‘‘(i) for certifying, on an annual basis 

24 or at such times as the Secretary may pre25 scribe, designated agents and other System 


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1 service providers seeking access to the Sys2 tem to perform verification queries on be3 half of employers, based upon training, 

4 usage, privacy, and security standards pre5 scribed by the Secretary; 

6 ‘‘(ii) for ensuring that designated 

7 agents and other System service providers 

8 are subject to monitoring to the same extent 

9 as direct access users; and 

10 ‘‘(iii) for establishing standards for 

11 certification of electronic I–9 programs. 

12 ‘‘(G) REQUIREMENT TO PROVIDE INFORMA13 TION.— 

14 ‘‘(i) IN GENERAL.—No later than 3 

15 months after the date of the enactment of 

16 the Border Security, Economic Oppor17 tunity, and Immigration Modernization 

18 Act, the Secretary, in consultation with the 

19 Secretary of Labor, the Secretary of Agri20 culture, the Commissioner, the Attorney 

21 General, the Equal Employment Oppor22 tunity Commission, and the Administrator 

23 of the Small Business Administration, shall 

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1 mation respecting the procedures, rights, 

2 and remedies prescribed under this section. 

3 ‘‘(ii) CAMPAIGN REQUIREMENTS.—The 

4 campaign authorized under clause (i)— 

5 ‘‘(I) shall be aimed at increasing 

6 the knowledge of employers, employees, 

7 and the general public concerning em8 ployer and employee rights, respon9 sibilities, and remedies under this sec10 tion; and 

11 ‘‘(II) shall be coordinated with the 

12 public education campaign conducted 

13 by U.S. Citizenship and Immigration 

14 Services. 

15 ‘‘(iii) ASSESSMENT.—The Secretary 

16 shall assess the success of the campaign in 

17 achieving the goals of the campaign. 

18 ‘‘(iv) AUTHORITY TO CONTRACT.—In 

19 order to carry out and assess the campaign 

20 under this subparagraph, the Secretary 

21 may, to the extent deemed appropriate and 

22 subject to the availability of appropriations, 

23 contract with public and private organiza24 tions for outreach and assessment activities 

25 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 2014 

5 through 2016. 

6 ‘‘(H) AUTHORITY TO MODIFY INFORMATION

7 REQUIREMENTS.—Based on a regular review of 

8 the System and the document verification proce9 dures to identify misuse or fraudulent use and to 

10 assess the security of the documents and processes 

11 used to establish identity or employment author12 ized status, the Secretary, in consultation with 

13 the Commissioner, after publication of notice in 

14 the Federal Register and an opportunity for 

15 public comment, may modify, if the Secretary 

16 determines that the modification is necessary to 

17 ensure that the System accurately and reliably 

18 determines the identity and employment author19 ized status of employees and maintain existing 

20 protections against misuse, discrimination, 

21 fraud, and identity theft— 

22 ‘‘(i) the information that shall be pre23 sented to the employer by an individual; 

24 ‘‘(ii) the information that shall be pro25 vided to the System by the employer; and 


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1 ‘‘(iii) the procedures that shall be fol2 lowed by employers with respect to the proc3 ess of verifying an individual through the 

4 System. 

5 ‘‘(I) SELF-VERIFICATION.—Subject to ap6 propriate safeguards to prevent misuse of the 

7 system, the Secretary, in consultation with the 

8 Commissioner, shall establish a secure self9 verification procedure to permit an individual 

10 who seeks to verify the individual’s own employ11 ment eligibility to contact the appropriate agen12 cy and, in a timely manner, correct or update 

13 the information contained in the System. 

14 ‘‘(5) PROTECTION FROM LIABILITY FOR ACTIONS

15 TAKEN ON THE BASIS OF INFORMATION PROVIDED BY

16 THE SYSTEM.—An employer shall not be liable to a 

17 job applicant, an employee, the Federal Government, 

18 or a State or local government, under Federal, State, 

19 or local criminal or civil law for any employment-re20 lated action taken with respect to a job applicant or 

21 employee in good faith reliance on information pro22 vided by the System. 

23 ‘‘(6) ADMINISTRATIVE APPEAL.— 

24 ‘‘(A) IN GENERAL.—An individual who is 

25 notified of a nonconfirmation may, not later 


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1 than 10 business days after the date that such 

2 notice is received, file an administrative appeal 

3 of such nonconfirmation with the Commissioner 

4 if the notice is based on records maintained by 

5 the Commissioner, or in any other case, with the 

6 Secretary. An individual who did not timely 

7 contest a further action notice timely received by 

8 that individual for which the individual ac9 knowledged receipt may not be granted a review 

10 under this paragraph. 

11 ‘‘(B) ADMINISTRATIVE STAY OF NONCON12 FIRMATION.—The nonconfirmation shall be auto13 matically stayed upon the timely filing of an ad14 ministrative appeal, unless the nonconfirmation 

15 resulted after the individual acknowledged re16 ceipt of the further action notice but failed to 

17 contact the appropriate agency within the time 

18 provided. The stay shall remain in effect until 

19 the resolution of the appeal, unless the Secretary 

20 or the Commissioner terminates the stay based 

21 on a determination that the administrative ap22 peal is frivolous or filed for purposes of delay. 

23 ‘‘(C) REVIEW FOR ERROR.—The Secretary 

24 and the Commissioner shall develop procedures 

25 for resolving administrative appeals regarding 


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1 nonconfirmations based upon the information 

2 that the individual has provided, including any 

3 additional evidence or argument that was not 

4 previously considered. Any such additional evi5 dence or argument shall be filed within 10 busi6 ness days of the date the appeal was originally 

7 filed. Appeals shall be resolved within 20 busi8 ness days after the individual has submitted all 

9 evidence and arguments the individual wishes to 

10 submit, or has stated in writing that there is no 

11 additional evidence that the individual wishes to 

12 submit. The Secretary and the Commissioner 

13 may, on a case by case basis for good cause, ex14 tend the filing and submission period in order to 

15 ensure accurate resolution of an appeal before 

16 the Secretary or the Commissioner. 

17 ‘‘(D) PREPONDERANCE OF EVIDENCE.—Ad18 ministrative appeal under this paragraph shall 

19 be limited to whether a nonconfirmation notice 

20 is supported by a preponderance of the evidence. 

21 ‘‘(E) DAMAGES, FEES, AND COSTS.—No 

22 money damages, fees or costs may be awarded in 

23 the administrative appeal process under this 

24 paragraph. 

25 ‘‘(7) REVIEW BY ADMINISTRATIVE LAW JUDGE.— 


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1 ‘‘(A) IN GENERAL.—Not later than 30 days 

2 after the date an individual receives a final de3 termination on an administrative appeal under 

4 paragraph (6), the individual may obtain review 

5 of such determination by filing a complaint with 

6 a Department of Justice administrative law 

7 judge in accordance with this paragraph. 

8 ‘‘(B) STAY OF NONCONFIRMATION.—The 

9 nonconfirmation related to such final determina10 tion shall be automatically stayed upon the time11 ly filing of a complaint under this paragraph, 

12 and the stay shall remain in effect until the reso13 lution of the complaint, unless the administra14 tive law judge determines that the action is friv15 olous or filed for purposes of delay. 

16 ‘‘(C) SERVICE.—The respondent to com17 plaint filed under this paragraph is either the 

18 Secretary or the Commissioner, but not both, de19 pending upon who issued the administrative 

20 order under paragraph (6). In addition to serv21 ing the respondent, the plaintiff shall serve the 

22 Attorney General. 

23 ‘‘(D) AUTHORITY OF ADMINISTRATIVE LAW

24 JUDGE.— 


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1 ‘‘(i) RULES OF PRACTICE.—The Sec2 retary shall promulgate regulations regard3 ing the rules of practice in appeals brought 

4 pursuant to this subsection. 

5 ‘‘(ii) AUTHORITY OF ADMINISTRATIVE

6 LAW JUDGE.—The administrative law judge 

7 shall have power to— 

8 ‘‘(I) terminate a stay of a noncon9 firmation under subparagraph (B) if 

10 the administrative law judge deter11 mines that the action is frivolous or 

12 filed for purposes of delay; 

13 ‘‘(II) adduce evidence at a hear14 ing; 

15 ‘‘(III) compel by subpoena the at16 tendance of witnesses and the produc17 tion of evidence at any designated 

18 place or hearing; 

19 ‘‘(IV) resolve claims of identity 

20 theft; and 

21 ‘‘(V) enter, upon the pleadings 

22 and any evidence adduced at a hear23 ing, a decision affirming or reversing 

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1 out remanding the cause for a rehear2 ing. 

3 ‘‘(iii) SUBPOENA.—In case of contu4 macy or refusal to obey a subpoena lawfully 

5 issued under this section and upon applica6 tion of the administrative law judge, an ap7 propriate district court of the United States 

8 may issue an order requiring compliance 

9 with such subpoena and any failure to obey 

10 such order may be punished by such court 

11 as a contempt of such court. 

12 ‘‘(iv) TRAINING.—An administrative 

13 law judge hearing cases shall have special 

14 training respecting employment authorized 

15 status verification. 

16 ‘‘(E) ORDER BY ADMINISTRATIVE LAW

17 JUDGE.— 

18 ‘‘(i) IN GENERAL.—The administrative 

19 law judge shall issue and cause to be served 

20 to the parties in the proceeding an order 

21 which may be appealed as provided in sub22 paragraph (G). 

23 ‘‘(ii) CONTENTS OF ORDER.—Such an 

24 order shall uphold or reverse the final deter25 mination on the request for reconsideration 


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1 and order lost wages and other appropriate 

2 remedies as provided in subparagraph (F). 

3 ‘‘(F) COMPENSATION FOR ERROR.— 

4 ‘‘(i) IN GENERAL.—In cases in which 

5 the administrative law judge reverses the 

6 final determination of the Secretary or the 

7 Commissioner made under paragraph (6), 

8 and the administrative law judge finds 

9 that— 

10 ‘‘(I) the nonconfirmation was due 

11 to gross negligence or intentional mis12 conduct of the employer, the adminis13 trative law judge may order the em14 ployer to pay the individual lost 

15 wages, and reasonable costs and attor16 neys’ fees incurred during administra17 tive and judicial review; or 

18 ‘‘(II) such final determination 

19 was erroneous by reason of the neg20 ligence of the Secretary or the Commis21 sioner, the administrative law judge 

22 may order the Secretary or the Com23 missioner to pay the individual lost 

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1 trative appeal and the administrative 

2 law judge review. 

3 ‘‘(ii) CALCULATION OF LOST WAGES.— 

4 Lost wages shall be calculated based on the 

5 wage rate and work schedule that prevailed 

6 prior to termination. The individual shall 

7 be compensated for wages lost beginning on 

8 the first scheduled work day after employ9 ment was terminated and ending 120 days 

10 after completion of the administrative law 

11 judge’s review described in this paragraph 

12 or the day after the individual is reinstated 

13 or obtains employment elsewhere, whichever 

14 occurs first. If the individual obtains em15 ployment elsewhere at a lower wage rate, 

16 the individual shall be compensated for the 

17 difference in wages for the period ending 

18 120 days after completion of the adminis19 trative law judge review process. No lost 

20 wages shall be awarded for any period of 

21 time during which the individual was not 

22 in employment authorized status. 

23 ‘‘(iii) PAYMENT OF COMPENSATION.— 

24 Notwithstanding any other law, payment of 

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1 torneys’ fees under this paragraph, or com2 promise settlements of the same, shall be 

3 made as provided by section 1304 of title 

4 31, United States Code. Appropriations 

5 made available to the Secretary or the Com6 missioner, accounts provided for under sec7 tion 286, and funds from the Federal Old8 Age and Survivors Insurance Trust Fund 

9 or the Federal Disability Insurance Trust 

10 Fund shall not be available to pay such 

11 compensation. 

12 ‘‘(G) APPEAL.—No later than 45 days after 

13 the entry of such final order, any person ad14 versely affected by such final order may seek re15 view of such order in the United States Court of 

16 Appeals for the circuit in which the violation is 

17 alleged to have occurred or in which the em18 ployer resides or transacts business. 

19 ‘‘(8) MANAGEMENT OF THE SYSTEM.— 

20 ‘‘(A) IN GENERAL.—The Secretary is au21 thorized to establish, manage, and modify the 

22 System, which shall— 

23 ‘‘(i) respond to inquiries made by par24 ticipating employers at any time through 

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1 retary may designate, concerning an indi2 vidual’s identity and whether the individual 

3 is in employment authorized status; 

4 ‘‘(ii) maintain records of the inquiries 

5 that were made, of confirmations provided 

6 (or not provided), and of the codes provided 

7 to employers as evidence of their compliance 

8 with their obligations under the System; 

9 and 

10 ‘‘(iii) provide information to, and re11 quire action by, employers and individuals 

12 using the System. 

13 ‘‘(B) DESIGN AND OPERATION OF SYS14 TEM.—The System shall be designed and oper15 ated— 

16 ‘‘(i) to maximize its reliability and 

17 ease of use by employers consistent with 

18 protecting the privacy and security of the 

19 underlying information, and ensuring full 

20 notice of such use to employees; 

21 ‘‘(ii) to maximize its ease of use by em22 ployees, including direct notification of its 

23 use, of results, and ability to challenge re24 sults; 


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1 ‘‘(iii) to respond accurately to all in2 quiries made by employers on whether indi3 viduals are authorized to be employed and 

4 to register any times when the system is un5 able to receive inquiries; 

6 ‘‘(iv) to maintain appropriate admin7 istrative, technical, and physical safeguards 

8 to prevent unauthorized disclosure of per9 sonal information, misuse by employers and 

10 employees, and discrimination; 

11 ‘‘(v) to require regularly scheduled re12 fresher training of all users of the System to 

13 ensure compliance with all procedures; 

14 ‘‘(vi) to allow for auditing of the use of 

15 the System to detect misuse, discrimination, 

16 fraud, and identity theft, to protect privacy 

17 and assess System accuracy, and to preserve 

18 the integrity and security of the informa19 tion in all of the System, including— 

20 ‘‘(I) to develop and use tools and 

21 processes to detect or prevent fraud and 

22 identity theft, such as multiple uses of 

23 the same identifying information or 

24 documents to fraudulently gain em25 ployment; 


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1 ‘‘(II) to develop and use tools and 

2 processes to detect and prevent misuse 

3 of the system by employers and em4 ployees; 

5 ‘‘(III) to develop tools and proc6 esses to detect anomalies in the use of 

7 the system that may indicate potential 

8 fraud or misuse of the system; 

9 ‘‘(IV) to audit documents and in10 formation submitted by employees to 

11 employers, including authority to con12 duct interviews with employers and 

13 employees, and obtain information 

14 concerning employment from the em15 ployer; 

16 ‘‘(vii) to confirm identity and employ17 ment authorization through verification and 

18 comparison of records as determined nec19 essary by the Secretary; 

20 ‘‘(viii) to confirm electronically the 

21 issuance of the employment authorization or 

22 identity document and— 

23 ‘‘(I) if such photograph is avail24 able, to display the digital photograph 

25 that the issuer placed on the document 


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1 so that the employer can compare the 

2 photograph displayed to the photo3 graph on the document presented by 

4 the employee; or 

5 ‘‘(II) if a photograph is not avail6 able from the issuer, to confirm the au7 thenticity of the document using such 

8 alternative procedures as the Secretary 

9 may specify; and 

10 ‘‘(ix) to provide appropriate notifica11 tion directly to employers registered with 

12 the System of all changes made by the Sec13 retary or the Commissioner related to al14 lowed and prohibited documents, and use of 

15 the System. 

16 ‘‘(C) SAFEGUARDS TO THE SYSTEM.— 

17 ‘‘(i) REQUIREMENT TO DEVELOP.—The 

18 Secretary, in consultation with the Commis19 sioner and other appropriate Federal and 

20 State agencies, shall develop policies and 

21 procedures to ensure protection of the pri22 vacy and security of personally identifiable 

23 information and identifiers contained in the 

24 records accessed or maintained by the Sys25 tem. The Secretary, in consultation with the 


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1 Commissioner and other appropriate Fed2 eral and State agencies, shall develop and 

3 deploy appropriate privacy and security 

4 training for the Federal and State employ5 ees accessing the records under the System. 

6 ‘‘(ii) PRIVACY AUDITS.—The Secretary, 

7 acting through the Chief Privacy Officer of 

8 the Department, shall conduct regular pri9 vacy audits of the policies and procedures 

10 established under clause (i), including any 

11 collection, use, dissemination, and mainte12 nance of personally identifiable information 

13 and any associated information technology 

14 systems, as well as scope of requests for this 

15 information. The Chief Privacy Officer shall 

16 review the results of the audits and rec17 ommend to the Secretary any changes nec18 essary to improve the privacy protections of 

19 the program. 

20 ‘‘(iii) ACCURACY AUDITS.— 

21 ‘‘(I) IN GENERAL.—Not later than 

22 November 30 of each year, the Inspec23 tor General of the Department of 

24 Homeland Security shall submit a re25 port to the Secretary, with a copy to 


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1 the President of the Senate and the 

2 Speaker of the House of Representa3 tives, that sets forth the error rate of 

4 the System for the previous fiscal year 

5 and the assessments required to be sub6 mitted by the Secretary under sub7 paragraphs (A) and (B) of paragraph 

8 (10). The report shall describe in detail 

9 the methodology employed for purposes 

10 of the report, and shall make rec11 ommendations for how error rates may 

12 be reduced. 

13 ‘‘(II) ERROR RATE DEFINED.—In 

14 this clause, the term ‘error rate’ means 

15 the percentage determined by divid16 ing— 

17 ‘‘(aa) the number of employ18 ment authorized individuals who 

19 received further action notices, 

20 contested such notices, and were 

21 subsequently found to be employ22 ment authorized; by 

23 ‘‘(bb) the number of System 

24 inquiries submitted for employ25 ment authorized individuals. 


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1 ‘‘(III) REDUCTION OF PENALTIES

2 FOR RECORDKEEPING OR VERIFICATION

3 PRACTICES FOLLOWING PERSISTENT

4 SYSTEM INACCURACIES.—Notwith5 standing subsection (e)(4)(C)(i), in 

6 any calendar year following a report 

7 by the Inspector General under sub8 clause (I) that the System had an error 

9 rate higher than 0.3 percent for the 

10 previous fiscal year, the civil penalty 

11 assessable by the Secretary or an ad12 ministrative law judge under that sub13 section for each first-time violation by 

14 an employer who has not previously 

15 been penalized under this section may 

16 not exceed $1,000. 

17 ‘‘(iv) RECORDS SECURITY PROGRAM.— 

18 Any person, including a private third party 

19 vendor, who retains document verification 

20 or System data pursuant to this section 

21 shall implement an effective records security 

22 program that— 

23 ‘‘(I) ensures that only authorized 

24 personnel have access to document 

25 verification or System data; and 


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1 ‘‘(II) ensures that whenever such 

2 data is created, completed, updated, 

3 modified, altered, or corrected in elec4 tronic format, a secure and permanent 

5 record is created that establishes the 

6 date of access, the identity of the indi7 vidual who accessed the electronic 

8 record, and the particular action 

9 taken. 

10 ‘‘(v) RECORDS SECURITY PROGRAM.— 

11 In addition to the security measures de12 scribed in clause (iv), a private third party 

13 vendor who retains document verification or 

14 System data pursuant to this section shall 

15 implement an effective records security pro16 gram that— 

17 ‘‘(I) provides for backup and re18 covery of any records maintained in 

19 electronic format to protect against in20 formation loss, such as power interrup21 tions; and 

22 ‘‘(II) ensures that employees are 

23 trained to minimize the risk of unau24 thorized or accidental alteration or 


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1 erasure of such data in electronic for2 mat. 

3 ‘‘(vi) AUTHORIZED PERSONNEL DE4 FINED.—In this subparagraph, the term 

5 ‘authorized personnel’ means anyone reg6 istered as a System user, or anyone with 

7 partial or full responsibility for completion 

8 of employment authorization verification or 

9 retention of data in connection with em10 ployment authorization verification on be11 half of an employer. 

12 ‘‘(D) AVAILABLE FACILITIES AND ALTER13 NATIVE ACCOMMODATIONS.—The Secretary shall 

14 make appropriate arrangements and develop 

15 standards to allow employers or employees, in16 cluding remote hires, who are otherwise unable to 

17 access the System to use electronic and telephonic 

18 formats (including video conferencing, scanning 

19 technology, and other available technologies), 

20 Federal Government facilities, public facilities, 

21 or other available locations in order to utilize the 

22 System. 

23 ‘‘(E) RESPONSIBILITIES OF THE SEC24 RETARY.— 


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1 ‘‘(i) IN GENERAL.—As part of the Sys2 tem, the Secretary shall maintain a reliable, 

3 secure method, which, operating through the 

4 System and within the time periods speci5 fied, compares the name, alien identifica6 tion or authorization number, or other in7 formation as determined relevant by the 

8 Secretary, provided in an inquiry against 

9 such information maintained or accessed by 

10 the Secretary in order to confirm (or not 

11 confirm) the validity of the information 

12 provided, the correspondence of the name 

13 and number, whether the alien has employ14 ment authorized status (or, to the extent 

15 that the Secretary determines to be feasible 

16 and appropriate, whether the records avail17 able to the Secretary verify the identity or 

18 status of a national of the United States), 

19 and such other information as the Secretary 

20 may prescribe. 

21 ‘‘(ii) PHOTOGRAPH DISPLAY.—As part 

22 of the System, the Secretary shall establish 

23 a reliable, secure method, which, operating 

24 through the System, displays the digital 


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1 photograph described in subparagraph 

2 (B)(viii)(I). 

3 ‘‘(iii) TIMING OF NOTICES.—The Sec4 retary shall have authority to prescribe 

5 when a confirmation, nonconfirmation, or 

6 further action notice shall be issued. 

7 ‘‘(iv) USE OF INFORMATION.—The Sec8 retary shall perform regular audits under 

9 the System, as described in subparagraph 

10 (B)(vi) and shall utilize the information ob11 tained from such audits, as well as any in12 formation obtained from the Commissioner 

13 pursuant to part E of title XI of the Social 

14 Security Act (42 U.S.C. 1301 et seq.), for 

15 the purposes of this section and to admin16 ister and enforce the immigration laws. 

17 ‘‘(v) IDENTITY FRAUD PROTECTION.— 

18 To prevent identity fraud, not later than 18 

19 months after the date of the enactment of 

20 the Border Security, Economic Oppor21 tunity, and Immigration Modernization 

22 Act, the Secretary shall— 

23 ‘‘(I) in consultation with the 

24 Commissioner, establish a program to 

25 provide a reliable, secure method for an 


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1 individual to temporarily suspend or 

2 limit the use of the individual’s social 

3 security account number or other iden4 tifying information for verification by 

5 the System; and 

6 ‘‘(II) for each individual being 

7 verified through the System— 

8 ‘‘(aa) notify the individual 

9 that the individual has the option 

10 to limit the use of the individual’s 

11 social security account number or 

12 other identifying information for 

13 verification by the System; and 

14 ‘‘(bb) provide instructions to 

15 the individuals for exercising the 

16 option referred to in item (aa). 

17 ‘‘(vi) ALLOWING PARENTS TO PREVENT

18 THEFT OF THEIR CHILD’S IDENTITY.—The 

19 Secretary, in consultation with the Commis20 sioner, shall establish a program that pro21 vides a reliable, secure method by which 

22 parents or legal guardians may suspend or 

23 limit the use of the social security account 

24 number or other identifying information of 

25 a minor under their care for the purposes of 


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1 the System. The Secretary may implement 

2 the program on a limited pilot program 

3 basis before making it fully available to all 

4 individuals. 

5 ‘‘(vii) PROTECTION FROM MULTIPLE

6 USE.—The Secretary and the Commissioner 

7 shall establish a procedure for identifying 

8 and handling a situation in which a social 

9 security account number has been identified 

10 to be subject to unusual multiple use in the 

11 System or is otherwise suspected or deter12 mined to have been compromised by iden13 tity fraud. 

14 ‘‘(viii) MONITORING AND COMPLIANCE

15 UNIT.—The Secretary shall establish or des16 ignate a monitoring and compliance unit to 

17 detect and reduce identity fraud and other 

18 misuse of the System. 

19 ‘‘(ix) CIVIL RIGHTS AND CIVIL LIB20 ERTIES ASSESSMENTS.— 

21 ‘‘(I) REQUIREMENT TO CON22 DUCT.—The Secretary shall conduct 

23 regular civil rights and civil liberties 

24 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 en6 tities shall timely respond to any re7 quest in connection with such an as8 sessment. 

9 ‘‘(III) ASSESSMENT AND REC10 OMMENDATIONS.—The Officer for Civil 

11 Rights and Civil Liberties of the De12 partment shall review the results of 

13 each such assessment and recommend 

14 to the Secretary any changes necessary 

15 to improve the civil rights and civil 

16 liberties protections of the System. 

17 ‘‘(F) GRANTS TO STATES.— 

18 ‘‘(i) IN GENERAL.—The Secretary shall 

19 create and administer a grant program to 

20 help provide funding for States that 

21 grant— 

22 ‘‘(I) the Secretary access to driv23 er’s license information as needed to 

24 confirm that a driver’s license pre25 sented under subsection (c)(1)(D)(i) 


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1 confirms the identity of the subject of 

2 the System check, and that a driver’s 

3 license matches the State’s records; and 

4 ‘‘(II) such assistance as the Sec5 retary may request in order to resolve 

6 further action notices or nonconfirma7 tions relating to such information. 

8 ‘‘(ii) CONSTRUCTION WITH THE DRIV9 ER’S PRIVACY PROTECTION ACT OF 1994.— 

10 The provision of a photograph to the Sec11 retary as described in clause (i) may not be 

12 construed as a violation of section 2721 of 

13 title 18, United States Code, and is a per14 missible use under subsection (b)(1) of that 

15 section. 

16 ‘‘(iii) AUTHORIZATION OF APPROPRIA17 TIONS.—There is authorized to be appro18 priated to the Secretary $250,000,000 to 

19 carry out this subparagraph. 

20 ‘‘(G) RESPONSIBILITIES OF THE SEC21 RETARY OF STATE.—As part of the System, the 

22 Secretary of State shall provide to the Secretary 

23 access to passport and visa information as need24 ed to confirm that a passport, passport card, or 

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1 firms the identity of the subject of the System 

2 check, and that a passport, passport card, or 

3 visa photograph matches the Secretary of State’s 

4 records, and shall provide such assistance as the 

5 Secretary may request in order to resolve further 

6 action notices or nonconfirmations relating to 

7 such information. 

8 ‘‘(H) UPDATING INFORMATION.—The Com9 missioner, the Secretary, and the Secretary of 

10 State shall update their information in a man11 ner that promotes maximum accuracy and shall 

12 provide a process for the prompt correction of er13 roneous information. 

14 ‘‘(9) LIMITATION ON USE OF THE SYSTEM.—Not15 withstanding any other provision of law, nothing in 

16 this subsection may be construed to permit or allow 

17 any department, bureau, or other agency of the 

18 United States Government or any other entity to uti19 lize any information, database, or other records as20 sembled under this subsection for any purpose other 

21 than for employment verification or to ensure secure, 

22 appropriate and nondiscriminatory use of the Sys23 tem. 

24 ‘‘(10) ANNUAL REPORT AND CERTIFICATION.— 

25 Not later than 18 months after the promulgation of 


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1 regulations to implement this subsection, and annu2 ally thereafter, the Secretary shall submit to Congress 

3 a report that includes the following: 

4 ‘‘(A) An assessment, as submitted to the 

5 Secretary by the Inspector General of the De6 partment of Homeland Security pursuant to 

7 paragraph (8)(C)(iii)(I), of the accuracy rates of 

8 further action notices and other System notices 

9 provided by employers to individuals who are 

10 authorized to be employed in the United States. 

11 ‘‘(B) An assessment, as submitted to the 

12 Secretary by the Inspector General of the De13 partment of Homeland Security pursuant to 

14 paragraph (8)(C)(iii)(I), of the accuracy rates of 

15 further action notices and other System notices 

16 provided directly (by the System) in a timely 

17 fashion to individuals who are not authorized to 

18 be employed in the United States. 

19 ‘‘(C) An assessment of any challenges faced 

20 by small employers in utilizing the System. 

21 ‘‘(D) An assessment of the rate of employer 

22 noncompliance (in addition to failure to provide 

23 required notices in a timely fashion) in each of 

24 the following categories: 


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1 ‘‘(i) Taking adverse action based on a 

2 further action notice. 

3 ‘‘(ii) Use of the System for non4 employees or other individuals before they 

5 are offered employment. 

6 ‘‘(iii) Use of the System to reverify em7 ployment authorized status of current em8 ployees except if authorized to do so. 

9 ‘‘(iv) Use of the System selectively, ex10 cept in cases in which such use is author11 ized. 

12 ‘‘(v) Use of the System to deny employ13 ment or post-employment benefits or other14 wise interfere with labor rights. 

15 ‘‘(vi) Requiring employees or appli16 cants to use any self-verification feature or 

17 to provide self-verification results. 

18 ‘‘(vii) Discouraging individuals who 

19 receive a further action notice from chal20 lenging the further action notice or appeal21 ing a determination made by the System. 

22 ‘‘(E) An assessment of the rate of employee 

23 noncompliance in each of the following cat24 egories: 


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1 ‘‘(i) Obtaining employment when un2 authorized with an employer complying 

3 with the System in good faith. 

4 ‘‘(ii) Failure to provide required docu5 ments in a timely manner. 

6 ‘‘(iii) Attempting to use fraudulent 

7 documents or documents not related to the 

8 individual. 

9 ‘‘(iv) Misuse of the administrative ap10 peal and judicial review process. 

11 ‘‘(F) An assessment of the amount of time 

12 taken for— 

13 ‘‘(i) the System to provide the con14 firmation or further action notice; 

15 ‘‘(ii) individuals to contest further ac16 tion notices; 

17 ‘‘(iii) the System to provide a con18 firmation or nonconfirmation of a contested 

19 further action notice; 

20 ‘‘(iv) individuals to file an adminis21 trative appeal of a nonconfirmation; and 

22 ‘‘(v) resolving administrative appeals 

23 regarding nonconfirmations. 

24 ‘‘(11) ANNUAL GAO STUDY AND REPORT.— 


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1 ‘‘(A) REQUIREMENT.—The Comptroller 

2 General shall, for each year, undertake a study 

3 to evaluate the accuracy, efficiency, integrity, 

4 and impact of the System. 

5 ‘‘(B) REPORT.—Not later than 18 months 

6 after the promulgation of regulations to imple7 ment this subsection, and yearly thereafter, the 

8 Comptroller General shall submit to Congress a 

9 report containing the findings of the study car10 ried out under this paragraph. Each such report 

11 shall include, at a minimum, the following: 

12 ‘‘(i) An assessment of System perform13 ance with respect to the rate at which indi14 viduals who are eligible for employment in 

15 the United States are correctly approved 

16 within the required periods, including a 

17 separate assessment of such rate for natu18 ralized United States citizens, nationals of 

19 the United States, and aliens. 

20 ‘‘(ii) An assessment of the privacy and 

21 confidentiality of the System and of the 

22 overall security of the System with respect 

23 to cybertheft and theft or misuse of private 

24 data. 


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1 ‘‘(iii) An assessment of whether the 

2 System is being implemented in a manner 

3 that is not discriminatory or used for retal4 iation against employees. 

5 ‘‘(iv) An assessment of the most com6 mon causes for the erroneous issuance of 

7 nonconfirmations by the System and rec8 ommendations to correct such causes. 

9 ‘‘(v) The recommendations of the 

10 Comptroller General regarding System im11 provements. 

12 ‘‘(vi) An assessment of the frequency 

13 and magnitude of changes made to the Sys14 tem and the impact on the ability for em15 ployers to comply in good faith. 

16 ‘‘(vii) An assessment of the direct and 

17 indirect costs incurred by employers in 

18 complying with the System, including costs 

19 associated with retaining potential employ20 ees through the administrative appeals proc21 ess and receiving a nonconfirmation. 

22 ‘‘(viii) An assessment of any backlogs 

23 or delays in the System providing the con24 firmation or further action notice and im25 pacts to hiring by employers. 


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1 ‘‘(e) COMPLIANCE.— 

2 ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 

3 Secretary shall establish procedures— 

4 ‘‘(A) for individuals and entities to file 

5 complaints respecting potential violations of sub6 sections (a) or (f)(1); 

7 ‘‘(B) for the investigation of those com8 plaints which the Secretary deems appropriate to 

9 investigate; and 

10 ‘‘(C) for providing notification to the Spe11 cial Counsel for Immigration-Related Unfair 

12 Employment Practices of the Department of Jus13 tice of potential violations of section 274B. 

14 ‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con15 ducting investigations and proceedings under this 

16 subsection— 

17 ‘‘(A) immigration officers shall have reason18 able access to examine evidence of the employer 

19 being investigated; 

20 ‘‘(B) immigration officers designated by the 

21 Secretary, and administrative law judges and 

22 other persons authorized to conduct proceedings 

23 under this section, may compel by subpoena the 

24 attendance of relevant witnesses and the produc25 tion of relevant evidence at any designated place 


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1 in an investigation or case under this subsection. 

2 In case of refusal to fully comply with a sub3 poena lawfully issued under this paragraph, the 

4 Secretary may request that the Attorney General 

5 apply in an appropriate district court of the 

6 United States for an order requiring compliance 

7 with the subpoena, and any failure to obey such 

8 order may be punished by the court as contempt. 

9 Failure to cooperate with the subpoena shall be 

10 subject to further penalties, including further 

11 fines and the voiding of any mitigation of pen12 alties or termination of proceedings under para13 graph (4)(E); and 

14 ‘‘(C) the Secretary, in cooperation with the 

15 Commissioner and Attorney General, and in 

16 consultation with other relevant agencies, shall 

17 establish a Joint Employment Fraud Task Force 

18 consisting of, at a minimum— 

19 ‘‘(i) the System’s compliance personnel; 

20 ‘‘(ii) immigration law enforcement of21 ficers; 

22 ‘‘(iii) personnel of the Office of Special 

23 Counsel for Immigration-Related Unfair 

24 Employment Practices of the Department of 

25 Justice; 


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1 ‘‘(iv) personnel of the Office for Civil 

2 Rights and Civil Liberties of the Depart3 ment; and 

4 ‘‘(v) personnel of Office of Inspector 

5 General of the Social Security Administra6 tion. 

7 ‘‘(3) COMPLIANCE PROCEDURES.— 

8 ‘‘(A) PRE-PENALTY NOTICE.—If the Sec9 retary has reasonable cause to believe that there 

10 has been a civil violation of this section in the 

11 previous 3 years, the Secretary shall issue to the 

12 employer concerned a written notice of the De13 partment’s intention to issue a claim for a mon14 etary or other penalty. Such pre-penalty notice 

15 shall— 

16 ‘‘(i) describe the violation; 

17 ‘‘(ii) specify the laws and regulations 

18 allegedly violated; 

19 ‘‘(iii) disclose the material facts which 

20 establish the alleged violation; 

21 ‘‘(iv) describe the penalty sought to be 

22 imposed; and 

23 ‘‘(v) inform such employer that such 

24 employer shall have a reasonable oppor25 tunity to make representations as to why a 


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1 monetary or other penalty should not be im2 posed. 

3 ‘‘(B) EMPLOYER’S RESPONSE.—Whenever 

4 any employer receives written pre-penalty notice 

5 of a fine or other penalty in accordance with 

6 subparagraph (A), the employer may, within 60 

7 days from receipt of such notice, file with the 

8 Secretary its written response to the notice. The 

9 response may include any relevant evidence or 

10 proffer of evidence that the employer wishes to 

11 present with respect to whether the employer vio12 lated this section and whether, if so, the penalty 

13 should be mitigated, and shall be filed and con14 sidered in accordance with procedures to be es15 tablished by the Secretary. 

16 ‘‘(C) RIGHT TO A HEARING.—Before 

17 issuance of an order imposing a penalty on any 

18 employer, person, or entity, the employer, person, 

19 or entity shall be entitled to a hearing before an 

20 administrative law judge, if requested within 60 

21 days of the notice of penalty. The hearing shall 

22 be held at the nearest location practicable to the 

23 place where the employer, person, or entity re24 sides or of the place where the alleged violation 

25 occurred. 


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1 ‘‘(D) ISSUANCE OF ORDERS.—If no hearing 

2 is so requested, the Secretary’s imposition of the 

3 order shall constitute a final and unappealable 

4 order. If a hearing is requested and the adminis5 trative law judge determines, upon clear and 

6 convincing evidence received, that there was a 

7 violation, the administrative law judge shall 

8 issue the final determination with a written pen9 alty claim. The penalty claim shall specify all 

10 charges in the information provided under 

11 clauses (i) through (iii) of subparagraph (A) and 

12 any mitigation of the penalty that the adminis13 trative law judge deems appropriate under para14 graph (4)(E). 

15 ‘‘(4) CIVIL PENALTIES.— 

16 ‘‘(A) HIRING OR CONTINUING TO EMPLOY

17 UNAUTHORIZED ALIENS.—Any employer that 

18 violates any provision of subsection (a)(1)(A) or 

19 (a)(2) shall— 

20 ‘‘(i) pay a civil penalty of not less 

21 than $3,500 and not more than $7,500 for 

22 each unauthorized alien with respect to 

23 which each violation of either subsection 

24 (a)(1)(A) or (a)(2) occurred; 


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1 ‘‘(ii) if the employer has previously 

2 been fined as a result of a previous enforce3 ment action or previous violation under this 

4 paragraph, pay a civil penalty of not less 

5 than $5,000 and not more than $15,000 for 

6 each unauthorized alien with respect to 

7 which a violation of either subsection 

8 (a)(1)(A) or (a)(2) occurred; and 

9 ‘‘(iii) if the employer has previously 

10 been fined more than once under this para11 graph, pay a civil penalty of not less than 

12 $10,000 and not more than $25,000 for each 

13 unauthorized alien with respect to which a 

14 violation of either subsection (a)(1)(A) or 

15 (a)(2) occurred. 

16 ‘‘(B) ENHANCED PENALTIES.—After the 

17 Secretary certifies to Congress that the System 

18 has been established, implemented, and made 

19 mandatory for use by all employers in the 

20 United States, the Secretary may establish an 

21 enhanced civil penalty for an employer who— 

22 ‘‘(i) fails to query the System to verify 

23 the identify and work authorized status of 

24 an individual; and 


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1 ‘‘(ii) violates a Federal, State, or local 

2 law related to— 

3 ‘‘(I) the payment of wages; 

4 ‘‘(II) hours worked by employees; 

5 or 

6 ‘‘(III) workplace health and safe7 ty. 

8 ‘‘(C) RECORDKEEPING OR VERIFICATION

9 PRACTICES.—Any employer that violates or fails 

10 to comply with any requirement under sub11 section (a)(1)(B), other than a minor or inad12 vertent failure, as determined by the Secretary, 

13 shall pay a civil penalty of— 

14 ‘‘(i) not less than $500 and not more 

15 than $2,000 for each violation; 

16 ‘‘(ii) if an employer has previously 

17 been fined under this paragraph, not less 

18 than $1,000 and not more than $4,000 for 

19 each violation; and 

20 ‘‘(iii) if an employer has previously 

21 been fined more than once under this para22 graph, not less than $2,000 and not more 

23 than $8,000 for each violation. 

24 ‘‘(D) OTHER PENALTIES.—The Secretary 

25 may impose additional penalties for violations, 


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1 including cease and desist orders, specially de2 signed compliance plans to prevent further viola3 tions, suspended fines to take effect in the event 

4 of a further violation, and in appropriate cases, 

5 the remedy provided by paragraph (f)(2). 

6 ‘‘(E) MITIGATION.—The Secretary or, if an 

7 employer requests a hearing, the administrative 

8 law judge, is authorized, upon such terms and 

9 conditions as the Secretary or administrative 

10 law judge deems reasonable and just and in ac11 cordance with such procedures as the Secretary 

12 may establish or any procedures established gov13 erning the administrative law judge’s assessment 

14 of penalties, to reduce or mitigate penalties im15 posed upon employers, based upon factors in16 cluding, the employer’s hiring volume, compli17 ance history, good-faith implementation of a 

18 compliance program, the size and level of sophis19 tication of the employer, and voluntary disclo20 sure of violations of this subsection to the Sec21 retary. The Secretary or administrative law 

22 judge shall not mitigate a penalty below the 

23 minimum penalty provided by this section, ex24 cept that the Secretary may, in the case of an 

25 employer subject to penalty for recordkeeping or 


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1 verification violations only who has not pre2 viously been penalized under this section, in the 

3 Secretary’s or administrative law judge’s discre4 tion, mitigate the penalty below the statutory 

5 minimum or remit it entirely. In any case where 

6 a civil money penalty has been imposed on an 

7 employer under section 274B for an action or 

8 omission that is also a violation of this section, 

9 the Secretary or administrative law judge shall 

10 mitigate any civil money penalty under this sec11 tion by the amount of the penalty imposed under 

12 section 274B. 

13 ‘‘(F) EFFECTIVE DATE.—The civil money 

14 penalty amounts and the enhanced penalties pro15 vided by subparagraphs (A), (B), and (C) of this 

16 paragraph and by subsection (f)(2) shall apply 

17 to violations of this section committed on or after 

18 the date that is 1 year after the date of the enact19 ment of the Border Security, Economic Oppor20 tunity, and Immigration Modernization Act. For 

21 violations committed prior to such date of enact22 ment, the civil money penalty amounts provided 

23 by regulations implementing this section as in 

24 effect the minute before such date of enactment 

25 with respect to knowing hiring or continuing 


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1 employment, verification, or indemnity bond vio2 lations, as appropriate, shall apply. 

3 ‘‘(5) ORDER OF INTERNAL REVIEW AND CERTIFI4 CATION OF COMPLIANCE.— 

5 ‘‘(A) EMPLOYER COMPLIANCE.—If the Sec6 retary has reasonable cause to believe that an 

7 employer has failed to comply with this section, 

8 the Secretary is authorized, at any time, to re9 quire that the employer certify that it is in com10 pliance with this section, or has instituted a pro11 gram to come into compliance. 

12 ‘‘(B) EMPLOYER CERTIFICATION.— 

13 ‘‘(i) REQUIREMENT.—Except as pro14 vided in subparagraph (C), not later than 

15 60 days after receiving a notice from the 

16 Secretary requiring a certification under 

17 subparagraph (A), an official with responsi18 bility for, and authority to bind the com19 pany on, all hiring and immigration com20 pliance notices shall certify under penalty 

21 of perjury that the employer is in conform22 ance with the requirements of paragraphs 

23 (1) through (4) of subsection (c), pertaining 

24 to document verification requirements, and 

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1 tem (once the System is implemented with 

2 respect to that employer according to the re3 quirements under subsection (d)(2)), and 

4 with any additional requirements that the 

5 Secretary may promulgate by regulation 

6 pursuant to subsection (c) or (d) or that the 

7 employer has instituted a program to come 

8 into compliance with these requirements. 

9 ‘‘(ii) APPLICATION.—Clause (i) shall 

10 not apply until the date that the Secretary 

11 certifies to Congress that the System has 

12 been established, implemented, and made 

13 mandatory for use by all employers in the 

14 United States. 

15 ‘‘(C) EXTENSION OF DEADLINE.—At the re16 quest of the employer, the Secretary may extend 

17 the 60-day deadline for good cause. 

18 ‘‘(D) STANDARDS OR METHODS.—The Sec19 retary is authorized to publish in the Federal 

20 Register standards or methods for such certifi21 cation, require specific recordkeeping practices 

22 with respect to such certifications, and audit the 

23 records thereof at any time. This authority shall 

24 not be construed to diminish or qualify any 

25 other penalty provided by this section. 


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1 ‘‘(6) REQUIREMENTS FOR REVIEW OF A FINAL

2 DETERMINATION.—With respect to judicial review of 

3 a final determination or penalty order issued under 

4 paragraph (3)(D), the following requirements apply: 

5 ‘‘(A) DEADLINE.—The petition for review 

6 must be filed no later than 30 days after the date 

7 of the final determination or penalty order 

8 issued under paragraph (3)(D). 

9 ‘‘(B) VENUE AND FORMS.—The petition for 

10 review shall be filed with the court of appeals for 

11 the judicial circuit where the employer’s prin12 cipal place of business was located when the 

13 final determination or penalty order was made. 

14 The record and briefs do not have to be printed. 

15 The court shall review the proceeding on a type16 written or electronically filed record and briefs. 

17 ‘‘(C) SERVICE.—The respondent is the Sec18 retary. In addition to serving the respondent, the 

19 petitioner shall serve the Attorney General. 

20 ‘‘(D) PETITIONER’S BRIEF.—The petitioner 

21 shall serve and file a brief in connection with a 

22 petition for judicial review not later than 40 

23 days after the date on which the administrative 

24 record is available, and may serve and file a 

25 reply brief not later than 14 days after service 


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1 of the brief of the respondent, and the court may 

2 not extend these deadlines, except for good cause 

3 shown. If a petitioner fails to file a brief within 

4 the time provided in this paragraph, the court 

5 shall dismiss the appeal unless a manifest injus6 tice would result. 

7 ‘‘(E) SCOPE AND STANDARD FOR REVIEW.— 

8 The court of appeals shall conduct a de novo re9 view of the administrative record on which the 

10 final determination was based and any addi11 tional evidence that the Court finds was pre12 viously unavailable at the time of the adminis13 trative 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 the 

23 validity of the order, unless the reviewing 

24 court finds that the petition presents 

25 grounds that could not have been presented 


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1 in the prior judicial proceeding or that the 

2 remedy provided by the prior proceeding 

3 was inadequate or ineffective to test the va4 lidity 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 a 

13 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 civil 

18 action, the validity and appropriateness of the 

19 final determination shall not be subject to re20 view. 

21 ‘‘(7) CREATION OF LIEN.—If any employer liable 

22 for a fee or penalty under this section neglects or re23 fuses to pay such liability after demand and fails to 

24 file a petition for review (if applicable) as provided 

25 in paragraph (6), the amount of the fee or penalty 


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1 shall be a lien in favor of the United States on all 

2 property and rights to property, whether real or per3 sonal, belonging to such employer. If a petition for re4 view is filed as provided in paragraph (6), the lien 

5 shall arise upon the entry of a final judgment by the 

6 court. The lien continues for 20 years or until the li7 ability is satisfied, remitted, set aside, or terminated. 

8 ‘‘(8) FILING NOTICE OF LIEN.— 

9 ‘‘(A) PLACE FOR FILING.—The notice of a 

10 lien referred to in paragraph (7) shall be filed as 

11 described in 1 of the following: 

12 ‘‘(i) UNDER STATE LAWS.— 

13 ‘‘(I) REAL PROPERTY.—In the 

14 case of real property, in 1 office within 

15 the State (or the county, or other gov16 ernmental subdivision), as designated 

17 by the laws of such State, in which the 

18 property subject to the lien is situated. 

19 ‘‘(II) PERSONAL PROPERTY.—In 

20 the case of personal property, whether 

21 tangible or intangible, in 1 office with22 in the State (or the county, or other 

23 governmental subdivision), as des24 ignated by the laws of such State, in 

25 which the property subject to the lien is 


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1 situated, except that State law merely 

2 conforming to or reenacting Federal 

3 law establishing a national filing sys4 tem does not constitute a second office 

5 for filing as designated by the laws of 

6 such State. 

7 ‘‘(ii) WITH CLERK OF DISTRICT

8 COURT.—In the office of the clerk of the 

9 United States district court for the judicial 

10 district in which the property subject to the 

11 lien is situated, whenever the State has not 

12 by law designated 1 office which meets the 

13 requirements of clause (i). 

14 ‘‘(iii) WITH RECORDER OF DEEDS OF

15 THE DISTRICT OF COLUMBIA.—In the office 

16 of the Recorder of Deeds of the District of 

17 Columbia, if the property subject to the lien 

18 is situated in the District of Columbia. 

19 ‘‘(B) SITUS OF PROPERTY SUBJECT TO

20 LIEN.—For purposes of subparagraph (A), prop21 erty shall be deemed to be situated as follows: 

22 ‘‘(i) REAL PROPERTY.—In the case of 

23 real property, at its physical location. 

24 ‘‘(ii) PERSONAL PROPERTY.—In the 

25 case of personal property, whether tangible 


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1 or intangible, at the residence of the tax2 payer at the time the notice of lien is filed. 

3 ‘‘(C) DETERMINATION OF RESIDENCE.—For 

4 purposes of subparagraph (B)(ii), the residence 

5 of a corporation or partnership shall be deemed 

6 to be the place at which the principal executive 

7 office of the business is located, and the residence 

8 of a taxpayer whose residence is outside the 

9 United States shall be deemed to be in the Dis10 trict of Columbia. 

11 ‘‘(D) EFFECT OF FILING NOTICE OF LIEN.— 

12 ‘‘(i) IN GENERAL.—Upon filing of a 

13 notice of lien in the manner described in 

14 this paragraph, the lien shall be valid 

15 against any purchaser, holder of a security 

16 interest, mechanic’s lien, or judgment lien 

17 creditor, except with respect to properties or 

18 transactions specified in subsection (b), (c), 

19 or (d) of section 6323 of the Internal Rev20 enue Code of 1986 for which a notice of tax 

21 lien properly filed on the same date would 

22 not be valid. 

23 ‘‘(ii) NOTICE OF LIEN.—The notice of 

24 lien shall be considered a notice of lien for 

25 taxes payable to the United States for the 


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1 purpose of any State or local law providing 

2 for the filing of a notice of a tax lien. A no3 tice of lien that is registered, recorded, dock4 eted, or indexed in accordance with the 

5 rules and requirements relating to judg6 ments of the courts of the State where the 

7 notice of lien is registered, recorded, dock8 eted, or indexed shall be considered for all 

9 purposes as the filing prescribed by this sec10 tion. 

11 ‘‘(iii) OTHER PROVISIONS.—The provi12 sions of section 3201(e) of title 28, United 

13 States Code, shall apply to liens filed as 

14 prescribed by this paragraph. 

15 ‘‘(E) ENFORCEMENT OF A LIEN.—A lien ob16 tained through this paragraph shall be consid17 ered a debt as defined by section 3002 of title 28, 

18 United States Code and enforceable pursuant to 

19 chapter 176 of such title. 

20 ‘‘(9) ATTORNEY GENERAL ADJUDICATION.—The 

21 Attorney General shall have jurisdiction to adjudicate 

22 administrative proceedings under this subsection. 

23 Such proceedings shall be conducted in accordance 

24 with requirements of section 554 of title 5, United 

25 States Code. 


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1 ‘‘(f) CRIMINAL AND CIVIL PENALTIES AND INJUNC2 TIONS.— 

3 ‘‘(1) PROHIBITION OF INDEMNITY BONDS.—It is 

4 unlawful for an employer, in the hiring of any indi5 vidual, to require the individual to post a bond or se6 curity, to pay or agree to pay an amount, or other7 wise to provide a financial guarantee or indemnity, 

8 against any potential liability arising under this sec9 tion relating to such hiring of the individual. 

10 ‘‘(2) CIVIL PENALTY.—Any employer who is de11 termined, after notice and opportunity for mitigation 

12 of the monetary penalty under subsection (e), to have 

13 violated paragraph (1) shall be subject to a civil pen14 alty of $10,000 for each violation and to an adminis15 trative order requiring the return of any amounts re16 ceived in violation of such paragraph to the employee 

17 or, if the employee cannot be located, to the general 

18 fund of the Treasury. 

19 ‘‘(g) GOVERNMENT CONTRACTS.— 

20 ‘‘(1) CONTRACTORS AND RECIPIENTS.—Whenever 

21 an employer who is a Federal contractor (meaning an 

22 employer who holds a Federal contract, grant, or co23 operative agreement, or reasonably may be expected to 

24 submit an offer for or be awarded a government con25 tract) is determined by the Secretary to have violated 


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1 this section on more than 3 occasions or is convicted 

2 of a crime under this section, the employer shall be 

3 considered for debarment from the receipt of Federal 

4 contracts, grants, or cooperative agreements in ac5 cordance with the procedures and standards and for 

6 the periods prescribed by the Federal Acquisition Reg7 ulation. However, any administrative determination 

8 of liability for civil penalty by the Secretary or the 

9 Attorney General shall not be reviewable in any de10 barment proceeding. 

11 ‘‘(2) INADVERTENT VIOLATIONS.—Inadvertent 

12 violations of recordkeeping or verification require13 ments, in the absence of any other violations of this 

14 section, shall not be a basis for determining that an 

15 employer is a repeat violator for purposes of this sub16 section. 

17 ‘‘(3) OTHER REMEDIES AVAILABLE.—Nothing in 

18 this subsection shall be construed to modify or limit 

19 any remedy available to any agency or official of the 

20 Federal Government for violation of any contractual 

21 requirement to participate in the System, as provided 

22 in the final rule relating to employment eligibility 

23 verification published in the Federal Register on No24 vember 14, 2008 (73 Fed. Reg. 67,651), or any simi25 lar subsequent regulation. 


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1 ‘‘(h) PREEMPTION.—The provisions of this section pre2 empt any State or local law, ordinance, policy, or rule, in3 cluding any criminal or civil fine or penalty structure, re4 lating to the hiring, continued employment, or status 

5 verification for employment eligibility purposes, of unau6 thorized aliens. A State, locality, municipality, or political 

7 subdivision may exercise its authority over business licens8 ing and similar laws as a penalty for failure to use the 

9 System. 

10 ‘‘(i) DEPOSIT OF AMOUNTS RECEIVED.—Except as 

11 otherwise specified, civil penalties collected under this sec12 tion shall be deposited by the Secretary into the Comprehen13 sive Immigration Reform Trust Fund established under sec14 tion 6(a)(1) of the Border Security, Economic Opportunity, 

15 and Immigration Modernization Act. 

16 ‘‘(j) CHALLENGES TO VALIDITY OF THE SYSTEM.— 

17 ‘‘(1) IN GENERAL.—Any right, benefit, or claim 

18 not otherwise waived or limited pursuant to this sec19 tion is available in an action instituted in the United 

20 States District Court for the District of Columbia, but 

21 shall be limited to determinations of— 

22 ‘‘(A) whether this section, or any regulation 

23 issued to implement this section, violates the 

24 Constitution of the United States; or 


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1 ‘‘(B) whether such a regulation issued by or 

2 under the authority of the Secretary to imple3 ment this section, is contrary to applicable pro4 visions of this section or was issued in violation 

5 of chapter 5 of title 5, United States Code. 

6 ‘‘(2) DEADLINES FOR BRINGING ACTIONS.—Any 

7 action instituted under this subsection must be filed 

8 no later than 180 days after the date the challenged 

9 section or regulation described in subparagraph (A) 

10 or (B) of paragraph (1) becomes effective. No court 

11 shall have jurisdiction to review any challenge de12 scribed in subparagraph (B) after the time period 

13 specified in this subsection expires. 

14 ‘‘(k) CRIMINAL PENALTIES AND INJUNCTIONS FOR

15 PATTERN OR PRACTICE VIOLATIONS.— 

16 ‘‘(1) PATTERN AND PRACTICE.—Any employer 

17 who engages in a pattern or practice of knowing vio18 lations of subsection (a)(1)(A) or (a)(2) shall be fined 

19 under title 18, United States Code, no more than 

20 $10,000 for each unauthorized alien with respect to 

21 whom such violation occurs, imprisoned for not more 

22 than 2 years for the entire pattern or practice, or 

23 both. 

24 ‘‘(2) TERM OF IMPRISONMENT.—The maximum 

25 term of imprisonment of a person convicted of any 


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1 criminal offense under the United States Code shall 

2 be increased by 5 years if the offense is committed as 

3 part of a pattern or practice of violations of sub4 section (a)(1)(A) or (a)(2). 

5 ‘‘(3) ENJOINING OF PATTERN OR PRACTICE VIO6 LATIONS.—Whenever the Secretary or the Attorney 

7 General has reasonable cause to believe that an em8 ployer is engaged in a pattern or practice of employ9 ment in violation of subsection (a)(1)(A) or (a)(2), 

10 the Attorney General may bring a civil action in the 

11 appropriate district court of the United States re12 questing such relief, including a permanent or tem13 porary injunction, restraining order, or other order 

14 against the employer, as the Secretary or Attorney 

15 General deems necessary. 

16 ‘‘(l) CRIMINAL PENALTIES FOR UNLAWFUL AND ABU17 SIVE EMPLOYMENT.— 

18 ‘‘(1) IN GENERAL.—Any person who, during any 

19 12-month period, knowingly employs or hires, em20 ploys, recruits, or refers for a fee for employment 10 

21 or more individuals within the United States who are 

22 under the control and supervision of such person— 

23 ‘‘(A) knowing that the individuals are un24 authorized aliens; and 


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1 ‘‘(B) under conditions that violate section 

2 5(a) of the Occupational Safety and Health Act 

3 of 1970 (29 U.S.C. 654(a) (relating to occupa4 tional safety and health), section 6 or 7 of the 

5 Fair Labor Standards Act of 1938 (29 U.S.C. 

6 206 and 207) (relating to minimum wages and 

7 maximum hours of employment), section 3142 of 

8 title 40, United States Code, (relating to re9 quired wages on construction contracts), or sec10 tions 6703 or 6704 of title 41, United States 

11 Code, (relating to required wages on service con12 tracts), 

13 shall be fined under title 18, United States Code, or 

14 imprisoned for not more than 10 years, or both. 

15 ‘‘(2) ATTEMPT AND CONSPIRACY.—Any person 

16 who attempts or conspires to commit any offense 

17 under this section shall be punished in the same man18 ner as a person who completes the offense.’’. 

19 (b) REPORT ON USE OF THE SYSTEM IN THE AGRI20 CULTURAL INDUSTRY.—Not later than 18 months after the 

21 date of the enactment of this Act, the Secretary, in consulta22 tion with the Secretary of Agriculture, shall submit a report 

23 to Congress that assesses implementation of the Employ24 ment Verification System established under section 274A(d) 

25 of the Immigration and Nationality Act, as amended by 


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1 subsection (a), in the agricultural industry, including the 

2 use of such System technology in agriculture industry hir3 ing processes, user, contractor, and third-party employer 

4 agent employment practices, timing and logistics regarding 

5 employment verification and reverification processes to 

6 meet agriculture industry practices, and identification of 

7 potential challenges and modifications to meet the unique 

8 needs of the agriculture industry. Such report shall re9 view— 

10 (1) the modality of access, training and out11 reach, customer support, processes for further action 

12 notices and secondary verifications for short-term 

13 workers, monitoring, and compliance procedures for 

14 such System; 

15 (2) the interaction of such System with the proc16 ess to admit nonimmigrant workers pursuant to sec17 tion 218 or 218A of the Immigration and Nationality 

18 Act (8 U.S.C. 1188 et seq.) and with enforcement of 

19 the immigration laws; and 

20 (3) the collaborative use of processes of other Fed21 eral and State agencies that intersect with the agri22 culture industry. 

23 (c) REPORT ON IMPACT OF THE SYSTEM ON EMPLOY24 ERS.—Not later than 18 months after the date of the enactVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01408 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 ment of this Act, the Secretary shall submit to Congress a 

2 report that assesses— 

3 (1) the implementation of the Employment 

4 Verification System established under section 274A(d) 

5 of the Immigration and Nationality Act, as amended 

6 by subsection (a), by employers; 

7 (2) any adverse impact on the revenues, business 

8 processes, or profitability of employers required to use 

9 such System; and 

10 (3) the economic impact of such System on small 

11 businesses. 

12 (d) GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF

13 THE EFFECTS OF DOCUMENT REQUIREMENTS ON EMPLOY14 MENT AUTHORIZED PERSONS AND EMPLOYERS.— 

15 (1) STUDY.—The Comptroller General of the 

16 United States shall carry out a study of— 

17 (A) the effects of the documentary require18 ments of section 274A of the Immigration and 

19 Nationality Act, as amended by subsection (a), 

20 on employers, naturalized United States citizens, 

21 nationals of the United States, and individuals 

22 with employment authorized status; and 

23 (B) the challenges such employers, citizens, 

24 nationals, or individuals may face in obtaining 

25 the documentation required under that section. 


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1 (2) REPORT.—Not later than 4 years after the 

2 date of the enactment of this Act, the Comptroller 

3 General shall submit to Congress a report containing 

4 the findings of the study carried out under paragraph 

5 (1). Such report shall include, at a minimum, the fol6 lowing: 

7 (A) An assessment of available information 

8 regarding the number of working age nationals 

9 of the United States and individuals who have 

10 employment authorized status who lack docu11 ments required for employment by such section 

12 274A. 

13 (B) A description of the additional steps re14 quired for individuals who have employment au15 thorized status and do not possess the documents 

16 required by such section 274A to obtain such 

17 documents. 

18 (C) A general assessment of the average fi19 nancial costs for individuals who have employ20 ment authorized status who do not possess the 

21 documents required by such section 274A to ob22 tain such documents. 

23 (D) A general assessment of the average fi24 nancial costs and challenges for employers who 

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1 ment Verification System established by sub2 section (d) of such section 274A. 

3 (E) A description of the barriers to individ4 uals who have employment authorized status in 

5 obtaining the documents required by such section 

6 274A, including barriers imposed by the execu7 tive 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 AND

14 TRANSITION PROCEDURES.— 

15 (1) REPEAL.—Sections 401, 402, 403, 404, and 

16 405 of the Illegal Immigration Reform and Immi17 grant Responsibility Act of 1996 (division C of Public 

18 Law 104–208; 8 U.S.C. 1324a note) are repealed. 

19 (2) TRANSITION PROCEDURES.— 

20 (A) CONTINUATION OF E-VERIFY PRO21 GRAM.—Notwithstanding the repeals made by 

22 paragraph (1), the Secretary shall continue to 

23 operate the E-Verify Program as described in 

24 section 403 of the Illegal Immigration Reform 

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1 sion C of Public Law 104–208; 8 U.S.C. 1324a 

2 note), as in effect the minute before the date of 

3 the enactment of this Act, until the transition to 

4 the System described in section 274A(d) of the 

5 Immigration and Nationality Act, as amended 

6 by subsection (a), is determined by the Secretary 

7 to be complete. 

8 (B) TRANSITION TO THE SYSTEM.—Any 

9 employer who was participating in the E-Verify 

10 Program described in section 403 of the Illegal 

11 Immigration Reform and Immigrant Responsi12 bility Act of 1996 (division C of Public Law 

13 104–208; 8 U.S.C. 1324a note), as in effect the 

14 minute before the date of the enactment of this 

15 Act, shall participate in the System described in 

16 section 274A(d) of the Immigration and Nation17 ality Act, as amended by subsection (a), to the 

18 same extent and in the same manner that the 

19 employer participated in such E-Verify Pro20 gram. 

21 (3) CONSTRUCTION.—The repeal made by para22 graph (1) may not be construed to limit the authority 

23 of the Secretary to allow or continue to allow the par24 ticipation in such System of employers who have par25 ticipated in such E-Verify Program, as in effect on 


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1 the minute before the date of the enactment of this 

2 Act. 

3 (f) CONFORMING AMENDMENT.—Section 274(a) (8 

4 U.S.C. 1324(a)) is amended— 

5 (1) by striking paragraph (3); and 

6 (2) by redesignating paragraph (4) as para7 graph (3). 

8 SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SO9 CIAL SECURITY CARDS. 

10 (a) FRAUD-RESISTANT, TAMPER-RESISTANT, WEAR11 RESISTANT, AND IDENTITY THEFT-RESISTANT SOCIAL SE12 CURITY CARDS.— 

13 (1) ISSUANCE.— 

14 (A) PRELIMINARY WORK.—Not later than 

15 180 days after the date of the enactment of this 

16 Act, the Commissioner of Social Security shall 

17 begin work to administer and issue fraud-resist18 ant, tamper-resistant, wear-resistant, and iden19 tity theft-resistant social security cards. 

20 (B) COMPLETION.—Not later than 5 years 

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

22 Commissioner of Social Security shall issue only 

23 social security cards determined to be fraud-re24 sistant, tamper-resistant, wear-resistant, and 

25 identity theft-resistant. 


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1 (2) AMENDMENT.— 

2 (A) IN GENERAL.—Section 205(c)(2)(G) of 

3 the Social Security Act (42 U.S.C. 405(c)(2)(G)) 

4 is amended by striking the second sentence and 

5 inserting the following: ‘‘The social security card 

6 shall be fraud-resistant, tamper-resistant, wear7 resistant, and identity theft-resistant.’’. 

8 (B) EFFECTIVE DATE.—The amendment 

9 made by subparagraph (A) shall take effect on 

10 the date that is 5 years after the date of the en11 actment of this Act. 

12 (3) AUTHORIZATION OF APPROPRIATION.—There 

13 are authorized to be appropriated, from the Com14 prehensive Immigration Reform Trust Fund estab15 lished under section 6(a)(1), such sums as may be 

16 necessary to carry out this section and the amend17 ments made by this section. 

18 (4) EMERGENCY DESIGNATION FOR CONGRES19 SIONAL ENFORCEMENT.—In the Senate, amounts 

20 made available under this subsection are designated 

21 as an emergency requirement pursuant to section 

22 403(a) of S. Con. Res. 13 (111th Congress), the con23 current resolution on the budget for fiscal year 2010. 

24 (5) EMERGENCY DESIGNATION FOR STATUTORY

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1 section are designated as an emergency requirement 

2 under section 4(g) of the Statutory Pay-As-You-Go 

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

4 (b) MULTIPLE CARDS.—Section 205(c)(2)(G) of the 

5 Social Security Act (42 U.S.C. 405(c)(2)(G)), as amended 

6 by subsection (a)(2), is amended— 

7 (1) by inserting ‘‘(i)’’ after ‘‘(G)’’; and 

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

9 ‘‘(ii) The Commissioner of Social Security shall re10 strict the issuance of multiple replacement social security 

11 cards to any individual to 3 per year and 10 for the life 

12 of the individual, except that the Commissioner may allow 

13 for reasonable exceptions from the limits under this clause 

14 on a case-by-case basis in compelling circumstances.’’. 

15 (c) CRIMINAL PENALTIES.— 

16 (1) SOCIAL SECURITY FRAUD.— 

17 (A) IN GENERAL.—Chapter 47 of title 18, 

18 United States Code, is amended by inserting at 

19 the end the following: 

20 ‘‘§ 1041. Social security fraud 

21 ‘‘Any person who— 

22 ‘‘(1) knowingly possesses or uses a social security 

23 account number or social security card knowing that 

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1 sioner of Social Security by means of fraud or false 

2 statement; 

3 ‘‘(2) knowingly and falsely represents a number 

4 to be the social security account number assigned by 

5 the Commissioner of Social Security to him or her or 

6 to another person, when such number is known not to 

7 be the social security account number assigned by the 

8 Commissioner of Social Security to him or her or to 

9 such other person; 

10 ‘‘(3) knowingly, and without lawful authority, 

11 buys, sells, or possesses with intent to buy or sell a 

12 social security account number or a social security 

13 card that is or purports to be a number or card 

14 issued by the Commissioner of Social Security; 

15 ‘‘(4) knowingly alters, counterfeits, forges, or 

16 falsely makes a social security account number or a 

17 social security card; 

18 ‘‘(5) knowingly uses, distributes, or transfers a 

19 social security account number or a social security 

20 card knowing the number or card to be intentionally 

21 altered, counterfeited, forged, falsely made, or stolen; 

22 or 

23 ‘‘(6) without lawful authority, knowingly pro24 duces or acquires for any person a social security ac25 count number, a social security card, or a number or 


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1 card that purports to be a social security account 

2 number or social security card, 

3 shall be fined under this title, imprisoned not more than 

4 5 years, or both.’’. 

5 (B) TABLE OF SECTIONS AMENDMENT.—The 

6 table of sections for chapter 47 of title 18, United 

7 States Code, is amended by adding after the item 

8 relating to section 1040 the following: 

‘‘Sec. 1041. Social security fraud.’’. 

9 (2) INFORMATION DISCLOSURE.— 

10 (A) IN GENERAL.—Notwithstanding any 

11 other provision of law and subject to subpara12 graph (B), the Commissioner of Social Security 

13 shall disclose for the purpose of investigating a 

14 violation of section 1041 of title 18, United 

15 States Code, or section 274A, 274B, or 274C of 

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

17 1324a, 1324b, and 1324c), after receiving a writ18 ten request from an officer in a supervisory posi19 tion or higher official of any Federal law en20 forcement agency, the following records of the So21 cial Security Administration: 

22 (i) Records concerning the identity, ad23 dress, location, or financial institution ac24 counts of the holder of a social security ac25 count number or social security card. 


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1 (ii) Records concerning the application 

2 for and issuance of a social security account 

3 number or social security card. 

4 (iii) Records concerning the existence 

5 or nonexistence of a social security account 

6 number or social security card. 

7 (B) LIMITATION.—The Commissioner of So8 cial Security shall not disclose any tax return or 

9 tax return information pursuant to subpara10 graph (A) except as authorized by section 6103 

11 of the Internal Revenue Code of 1986. 

12 SEC. 3103. INCREASING SECURITY AND INTEGRITY OF IMMI13 GRATION DOCUMENTS. 

14 Not later than 1 year after the date of the enactment 

15 of this Act, the Secretary shall submit a report to Congress 

16 on the feasibility, advantages, and disadvantages of includ17 ing, in addition to a photograph, other biometric informa18 tion on each employment authorization document issued by 

19 the Department. 

20 SEC. 3104. RESPONSIBILITIES OF THE SOCIAL SECURITY 

21 ADMINISTRATION. 

22 Title XI of the Social Security Act (42 U.S.C. 1301 

23 et seq.) is amended by adding at the end the following new 

24 part: 


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1 ‘‘PART E—EMPLOYMENT VERIFICATION

2 ‘‘RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL

3 SECURITY

4 ‘‘SEC. 1186. (a) CONFIRMATION OF EMPLOYMENT

5 VERIFICATION DATA.—As part of the employment 

6 verification system established by the Secretary of Home7 land Security under the provisions of section 274A of the 

8 Immigration and Nationality Act (8 U.S.C. 1324a) (in this 

9 section referred to as the ‘System’), the Commissioner of So10 cial Security shall, subject to the provisions of section 

11 274A(d) of the Immigration and Nationality Act (8 U.S.C. 

12 1324a(d)), establish a reliable, secure method that, oper13 ating through the System and within the time periods speci14 fied in section 274A(d) of such Act— 

15 ‘‘(1) compares the name, date of birth, social se16 curity account number, and available citizenship in17 formation provided in an inquiry against such infor18 mation maintained by the Commissioner in order to 

19 confirm (or not confirm) the validity of the informa20 tion provided regarding an individual whose identity 

21 and employment eligibility must be confirmed; 

22 ‘‘(2) determines the correspondence of the name, 

23 date of birth, and number; 


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1 ‘‘(3) determines whether the name and number 

2 belong to an individual who is deceased according to 

3 the records maintained by the Commissioner; 

4 ‘‘(4) determines whether an individual is a na5 tional of the United States, as defined in section 

6 101(a)(22) of the Immigration and Nationality Act 

7 (8 U.S.C. 1101(a)(22)); and 

8 ‘‘(5) determines whether the individual has pre9 sented a social security account number that is not 

10 valid for employment. 

11 ‘‘(b) PROHIBITION.—The System shall not disclose or 

12 release social security information to employers through the 

13 confirmation system (other than such confirmation or non14 confirmation, information provided by the employer to the 

15 System, or the reason for the issuance of a further action 

16 notice).’’. 

17 SEC. 3105. IMPROVED PROHIBITION ON DISCRIMINATION 

18 BASED ON NATIONAL ORIGIN OR CITIZEN19 SHIP STATUS. 

20 (a) IN GENERAL.—Section 274B(a) (8 U.S.C. 

21 1324b(a)) is amended to read as follows: 

22 ‘‘(a) PROHIBITION ON DISCRIMINATION BASED ON NA23 TIONAL ORIGIN OR CITIZENSHIP STATUS.— 

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1 ployment practice for a person, other entity, or em2 ployment agency, to discriminate against any indi3 vidual (other than an unauthorized alien defined in 

4 section 274A(b)) because of such individual’s national 

5 origin or citizenship status, with respect to the fol6 lowing: 

7 ‘‘(A) The hiring of the individual for em8 ployment. 

9 ‘‘(B) The verification of the individual’s eli10 gibility to work in the United States. 

11 ‘‘(C) The discharging of the individual from 

12 employment. 

13 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

14 apply to the following: 

15 ‘‘(A) A person, other entity, or employer 

16 that employs 3 or fewer employees, except for an 

17 employment agency. 

18 ‘‘(B) A person’s or entity’s discrimination 

19 because of an individual’s national origin if the 

20 discrimination with respect to that employer, 

21 person, or entity and that individual is covered 

22 under section 703 of the Civil Rights Act of 1964 

23 (42 U.S.C. 2000e–2), unless the discrimination 

24 is related to an individual’s verification of em25 ployment authorization. 


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1 ‘‘(C) Discrimination because of citizenship 

2 status which— 

3 ‘‘(i) is otherwise required in order to 

4 comply with a provision of Federal, State, 

5 or local law related to law enforcement; 

6 ‘‘(ii) is required by Federal Govern7 ment contract; or 

8 ‘‘(iii) the Secretary or Attorney Gen9 eral determines to be essential for an em10 ployer to do business with an agency or de11 partment of the Federal Government or a 

12 State, local, or tribal government. 

13 ‘‘(3) ADDITIONAL EXCEPTION PROVIDING RIGHT

14 TO PREFER EQUALLY QUALIFIED CITIZENS.—Notwith15 standing any other provision of this section, it is not 

16 an unfair immigration-related employment practice 

17 for an employer (as defined in section 274A(b)) to 

18 prefer to hire, recruit, or refer for a fee an individual 

19 who is a citizen or national of the United States over 

20 another individual who is an alien if the 2 individ21 uals are equally qualified. 

22 ‘‘(4) UNFAIR IMMIGRATION-RELATED EMPLOY23 MENT PRACTICES RELATING TO THE SYSTEM.—It is 

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1 tice for a person, other entity, or employment agen2 cy— 

3 ‘‘(A) to discharge or constructively dis4 charge an individual solely due to a further ac5 tion notice issued by the Employment 

6 Verification System created by section 274A 

7 until the administrative appeal described in sec8 tion 274A(d)(6) is completed; 

9 ‘‘(B) to use the System with regard to any 

10 person for any purpose except as authorized by 

11 section 274A(d); 

12 ‘‘(C) to use the System to reverify the em13 ployment authorization of a current employee, 

14 including an employee continuing in employ15 ment, other than reverification upon expiration 

16 of employment authorization, or as otherwise au17 thorized under section 274A(d) or by regulation; 

18 ‘‘(D) to use the System selectively for em19 ployees, except where authorized by law; 

20 ‘‘(E) to fail to provide to an individual any 

21 notice required in section 274A(d) within the rel22 evant time period; 

23 ‘‘(F) to use the System to deny workers’ em24 ployment or post-employment benefits; 


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1 ‘‘(G) to misuse the System to discriminate 

2 based on national origin or citizenship status; 

3 ‘‘(H) to require an employee or prospective 

4 employee to use any self-verification feature of 

5 the System or provide, as a condition of applica6 tion or employment, any self-verification results; 

7 ‘‘(I) to use an immigration status 

8 verification system, service, or method other than 

9 those described in section 274A for purposes of 

10 verifying employment eligibility; or 

11 ‘‘(J) to grant access to document 

12 verification or System data, to any individual 

13 or entity other than personnel authorized to have 

14 such access, or to fail to take reasonable safe15 guards to protect against unauthorized loss, use, 

16 alteration, or destruction of System data. 

17 ‘‘(5) PROHIBITION OF INTIMIDATION OR RETAL18 IATION.—It is also an unfair immigration-related 

19 employment practice for a person, other entity, or em20 ployment agency to intimidate, threaten, coerce, or re21 taliate against any individual— 

22 ‘‘(A) for the purpose of interfering with any 

23 right or privilege secured under this section; or 

24 ‘‘(B) because the individual intends to file 

25 or has filed a charge or a complaint, testified, 


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1 assisted, or participated in any manner in an 

2 investigation, proceeding, or hearing under this 

3 section. 

4 ‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY

5 PRACTICES AS EMPLOYMENT PRACTICES.—A person’s, 

6 other entity’s, or employment agency’s request, for 

7 purposes of verifying employment eligibility, for more 

8 or different documents than are required under sec9 tion 274A, or for specific documents, or refusing to 

10 honor documents tendered that reasonably appear to 

11 be genuine shall be treated as an unfair immigration12 related employment practice. 

13 ‘‘(7) PROHIBITION OF WITHHOLDING EMPLOY14 MENT RECORDS.—It is an unfair immigration-related 

15 employment practice for an employer that is required 

16 under Federal, State, or local law to maintain records 

17 documenting employment, including dates or hours of 

18 work and wages received, to fail to provide such 

19 records to any employee upon request. 

20 ‘‘(8) PROFESSIONAL, COMMERCIAL, AND BUSI21 NESS LICENSES.—An individual who is authorized to 

22 be employed in the United States may not be denied 

23 a professional, commercial, or business license on the 

24 basis of his or her immigration status. 


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1 ‘‘(9) EMPLOYMENT AGENCY DEFINED.—In this 

2 section, the term ‘employment agency’ means any em3 ployer, person, or entity regularly undertaking with 

4 or without compensation to procure employees for an 

5 employer or to procure for employees opportunities to 

6 work for an employer and includes an agent of such 

7 employer, person, or entity.’’. 

8 (b) REFERRAL BY EEOC.—Section 274B(b) (8 U.S.C. 

9 1324b(b)) is amended by adding at the end the following: 

10 ‘‘(3) REFERRAL BY EEOC.—The Equal Employ11 ment Opportunity Commission shall refer all matters 

12 alleging immigration-related unfair employment 

13 practices filed with the Commission, including those 

14 alleging violations of paragraphs (1), (4), (5), and (6) 

15 of subsection (a) to the Special Counsel for Immigra16 tion-Related Unfair Employment Practices of the De17 partment of Justice.’’. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by striking 

20 the period at the end and inserting ‘‘and an additional 

21 $40,000,000 for each of fiscal years 2014 through 2016.’’. 

22 (d) FINES.— 

23 (1) IN GENERAL.—Section 274B(g)(2)(B) (8 

24 U.S.C. 1324b(g)(2)(B)) is amended by striking clause 

25 (iv) and inserting the following: 


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1 ‘‘(iv) to pay any applicable civil pen2 alties prescribed below, the amounts of 

3 which may be adjusted periodically to ac4 count for inflation as provided by law— 

5 ‘‘(I) except as provided in sub6 clauses (II) through (IV), to pay a 

7 civil penalty of not less than $2,000 

8 and not more than $5,000 for each in9 dividual subjected to an unfair immi10 gration-related employment practice; 

11 ‘‘(II) except as provided in sub12 clauses (III) and (IV), in the case of 

13 an employer, person, or entity pre14 viously subject to a single order under 

15 this paragraph, to pay a civil penalty 

16 of not less than $4,000 and not more 

17 than $10,000 for each individual sub18 jected to an unfair immigration-related 

19 employment practice; 

20 ‘‘(III) except as provided in sub21 clause (IV), in the case of an employer, 

22 person, or entity previously subject to 

23 more than 1 order under this para24 graph, to pay a civil penalty of not 

25 less than $8,000 and not more than 


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1 $25,000 for each individual subjected 

2 to an unfair immigration-related em3 ployment practice; and 

4 ‘‘(IV) in the case of an unfair im5 migration-related employment practice 

6 described in paragraphs (4) through 

7 (7) of subsection (a), to pay a civil 

8 penalty of not less than $500 and not 

9 more than $2,000 for each individual 

10 subjected to an unfair immigration-re11 lated employment practice.’’. 

12 (2) EFFECTIVE DATE.—The amendment made by 

13 paragraph (1) shall take effect on the date that is 1 

14 year after the date of the enactment of this Act and 

15 apply to violations occurring on or after such date of 

16 enactment. 

17 SEC. 3106. RULEMAKING. 

18 (a) INTERIM FINAL REGULATIONS.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of the enactment of this Act— 

21 (A) the Secretary, shall issue regulations 

22 implementing sections 3101 and 3104 and the 

23 amendments made by such sections (except for 

24 section 274A(d)(7) of the Immigration and Na25 tionality Act); and 


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1 (B) the Attorney General shall issue regula2 tions implementing section 274A(d)(7) of the Im3 migration and Nationality Act, as added by sec4 tion 3101, section 3105, and the amendments 

5 made by such sections. 

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 re9 vision 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 Commis14 sioner of Social Security and the Attorney General, shall 

15 publish final regulations implementing this subtitle. 

16 SEC. 3107. OFFICE OF THE SMALL BUSINESS AND EM17 PLOYEE ADVOCATE. 

18 (a) ESTABLISHMENT OF SMALL BUSINESS AND EM19 PLOYEE ADVOCATE.—The Secretary shall establish and 

20 maintain within U.S. Citizenship and Immigration Serv21 ices the Office of the Small Business and Employee Advo22 cate (in this section referred to as the ‘‘Office’’). The purpose 

23 of the Office shall be to assist small businesses and individ24 uals in complying with the requirements of section 274A 

25 of the Immigration and Nationality Act (8 U.S.C. 1324a), 


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1 as amended by this Act, including the resolution of conflicts 

2 arising in the course of attempted compliance with such re3 quirements. 

4 (b) FUNCTIONS.—The functions of the Office shall in5 clude, but not be limited to, the following: 

6 (1) Informing small businesses and individuals 

7 about the verification practices required by section 

8 274A of the Immigration and Nationality Act, in9 cluding, but not limited to, the document verification 

10 requirements and the employment verification system 

11 requirements under subsections (c) and (d) of that 

12 section. 

13 (2) Assisting small businesses and individuals in 

14 addressing allegedly erroneous further action notices 

15 and nonconfirmations issued under subsection (d) of 

16 section 274A of the Immigration and Nationality Act. 

17 (3) Informing small businesses and individuals 

18 of the financial liabilities and criminal penalties that 

19 apply to violations and failures to comply with the 

20 requirements of section 274A of the Immigration and 

21 Nationality Act, including, but not limited to, by 

22 issuing best practices for compliance with that sec23 tion. 

24 (4) To the extent practicable, proposing changes 

25 to the Secretary in the administrative practices of the 


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1 employment verification system required under sub2 section (d) of section 274A of the Immigration and 

3 Nationality Act to mitigate the problems identified 

4 under paragraph (2). 

5 (5) Making recommendations through the Sec6 retary to Congress for legislative action to mitigate 

7 such problems. 

8 (c) AUTHORITY TO ISSUE ASSISTANCE ORDER.— 

9 (1) IN GENERAL.—Upon application filed by a 

10 small business or individual with the Office (in such 

11 form, manner, and at such time as the Secretary shall 

12 by regulations prescribe), the Office may issue an as13 sistance order if— 

14 (A) the Office determines the small business 

15 or individual is suffering or about to suffer a 

16 significant hardship as a result of the manner in 

17 which the employment verification laws under 

18 subsections (c) and (d) of section 274A of the Im19 migration and Nationality Act are being admin20 istered by the Secretary; or 

21 (B) the small business or individual meets 

22 such other requirements as are set forth in regu23 lations prescribed by the Secretary. 


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1 (2) DETERMINATION OF HARDSHIP.—For pur2 poses of paragraph (1), a significant hardship shall 

3 include— 

4 (A) an immediate threat of adverse action; 

5 (B) a delay of more than 60 days in resolv6 ing employment verification system problems; 

7 (C) the incurring by the small business or 

8 individual of significant costs if relief is not 

9 granted; or 

10 (D) irreparable injury to, or a long-term 

11 adverse impact on, the small business or indi12 vidual if relief is not granted. 

13 (3) STANDARDS WHEN ADMINISTRATIVE GUID14 ANCE NOT FOLLOWED.—In cases where a U.S. Citi15 zenship and Immigration Services employee is not 

16 following applicable published administrative guid17 ance, the Office shall construe the factors taken into 

18 account in determining whether to issue an assistance 

19 order under this subsection in the manner most favor20 able to the small business or individual. 

21 (4) TERMS OF ASSISTANCE ORDER.—The terms 

22 of an assistance order under this subsection may re23 quire the Secretary within a specified time period— 


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1 (A) to determine whether any employee is 

2 or is not authorized to work in the United 

3 States; or 

4 (B) to abate any penalty under section 

5 274A of the Immigration and Nationality Act 

6 that the Office determines is arbitrary, capri7 cious, or disproportionate to the underlying of8 fense. 

9 (5) AUTHORITY TO MODIFY OR RESCIND.—Any 

10 assistance order issued by the Office under this sub11 section may be modified or rescinded— 

12 (A) only by the Office, the Director or Dep13 uty Director of U.S. Citizenship and Immigra14 tion Services, or the Secretary or the Secretary’s 

15 designee; and 

16 (B) if rescinded by the Director or Deputy 

17 Director of U.S. Citizenship and Immigration 

18 Services, only if a written explanation of the 

19 reasons of such official for the modification or 

20 rescission is provided to the Office. 

21 (6) SUSPENSION OF RUNNING OF PERIOD OF LIM22 ITATION.—The running of any period of limitation 

23 with respect to an action described in paragraph 

24 (4)(A) shall be suspended for— 


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1 (A) the period beginning on the date of the 

2 small business or individual’s application under 

3 paragraph (1) and ending on the date of the Of4 fice’s decision with respect to such application; 

5 and 

6 (B) any period specified by the Office in an 

7 assistance order issued under this subsection 

8 pursuant to such application. 

9 (7) INDEPENDENT ACTION OF OFFICE.—Nothing 

10 in this subsection shall prevent the Office from taking 

11 any action in the absence of an application under 

12 paragraph (1). 

13 (d) ACCESSIBILITY TO THE PUBLIC.— 

14 (1) IN PERSON, ONLINE, AND TELEPHONE AS15 SISTANCE.—The Office shall provide information and 

16 assistance specified in subsection (b) in person at lo17 cations designated by the Secretary, online through 

18 an Internet website of the Department available to the 

19 public, and by telephone. 

20 (2) AVAILABILITY TO ALL EMPLOYERS.—In mak21 ing information and assistance available, the Office 

22 shall prioritize the needs of small businesses and indi23 viduals. However, the information and assistance 

24 available through the Office shall be available to any 

25 employer. 


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1 (e) AVOIDING DUPLICATION THROUGH COORDINA2 TION.—In the discharge of the functions of the Office, the 

3 Secretary shall consult with the Secretary of Labor, the Sec4 retary of Agriculture, the Commissioner, the Attorney Gen5 eral, the Equal Employment Opportunity Commission, and 

6 the Administrator of the Small Business Administration in 

7 order to avoid duplication of efforts across the Federal Gov8 ernment. 

9 (f) DEFINITIONS.—In this section: 

10 (1) The term ‘‘employer’’ has the meaning given 

11 that term in section 274A(b) of the Immigration and 

12 Nationality Act. 

13 (2) The term ‘‘small business’’ means an em14 ployer with 49 or fewer employees. 

15 (g) FUNDING.—There shall be appropriated, from the 

16 Comprehensive Immigration Reform Trust Fund estab17 lished by section 6(a)(1) of this Act, such sums as may be 

18 necessary to carry out the functions of the Office. 

19 Subtitle B—Protecting United 

20 States Workers 

21 SEC. 3201. PROTECTIONS FOR VICTIMS OF SERIOUS VIOLA22 TIONS OF LABOR AND EMPLOYMENT LAW OR 

23 CRIME. 

24 (a) IN GENERAL.—Section 101(a)(15)(U) (8 U.S.C. 

25 1101(a)(15)(U)) is amended— 


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1 (1) in clause (i)— 

2 (A) by amending subclause (I) to read as 

3 follows: 

4 ‘‘(I) the alien— 

5 ‘‘(aa) has suffered substantial 

6 physical or mental abuse or substantial 

7 harm as a result of having been a vic8 tim of criminal activity described in 

9 clause (iii) or of a covered violation de10 scribed in clause (iv); or 

11 ‘‘(bb) is a victim of criminal ac12 tivity described in clause (iii) or of a 

13 covered violation described in clause 

14 (iv) and would suffer extreme hardship 

15 upon removal;’’; 

16 (B) in subclause (II), by inserting ‘‘, or a 

17 covered violation resulting in a claim described 

18 in clause (iv) that is not the subject of a frivo19 lous lawsuit by the alien’’ before the semicolon at 

20 the end; and 

21 (C) by amending subclauses (III) and (IV) 

22 to read as follows: 

23 ‘‘(III) the alien (or in the case of an 

24 alien child who is younger than 16 years of 

25 age, the parent, legal guardian, or next 


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1 friend of the alien) has been helpful, is 

2 being helpful, or is likely to be helpful to— 

3 ‘‘(aa) a Federal, State, or local 

4 law enforcement official, a Federal, 

5 State, or local prosecutor, a Federal, 

6 State, or local judge, the Department of 

7 Homeland Security, the Equal Em8 ployment Opportunity Commission, 

9 the Department of Labor, or other Fed10 eral, State, or local authorities inves11 tigating or prosecuting criminal activ12 ity described in clause (iii); or 

13 ‘‘(bb) any Federal, State, or local 

14 governmental agency or judge inves15 tigating, prosecuting, or seeking civil 

16 remedies for any cause of action, 

17 whether criminal, civil, or administra18 tive, arising from a covered violation 

19 described in clause (iv) and presents a 

20 certification from such Federal, State, 

21 or local governmental agency or judge 

22 attesting that the alien has been help23 ful, is being helpful, or is likely to be 

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1 ing from a covered violation described 

2 in clause (iv); and 

3 ‘‘(IV) the criminal activity described 

4 in clause (iii) or the covered violation de5 scribed in clause (iv)— 

6 ‘‘(aa) violated the laws of the 

7 United States; or 

8 ‘‘(bb) occurred in the United 

9 States (including Indian country and 

10 military installations) or the terri11 tories and possessions of the United 

12 States;’’; 

13 (2) in clause (ii)(II), by striking ‘‘and’’ at the 

14 end; 

15 (3) by moving clause (iii) 2 ems to the left; 

16 (4) in clause (iii), by inserting ‘‘child abuse; 

17 elder abuse;’’ after ‘‘stalking;’’; 

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

19 ‘‘(iv) a covered violation referred to in this 

20 clause is— 

21 ‘‘(I) a serious violation involving 1 or more 

22 of the following or any similar activity in viola23 tion of any Federal, State, or local law: serious 

24 workplace abuse, exploitation, retaliation, or vio25 lation of whistleblower protections; 


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1 ‘‘(II) a violation giving rise to a civil cause 

2 of action under section 1595 of title 18, United 

3 States Code; or 

4 ‘‘(III) a violation resulting in the depriva5 tion of due process or constitutional rights.’’. 

6 (b) SAVINGS PROVISION.—Nothing in section 

7 101(a)(15)(U)(iv)(I) of the Immigration and Nationality 

8 Act, as added by subsection (a), may be construed as alter9 ing the definition of retaliation or discrimination under 

10 any other provision of law. 

11 (c) TEMPORARY STAY OF REMOVAL.—Section 274A (8 

12 U.S.C. 1324a), as amended by section 3101, is further 

13 amended— 

14 (1) in subsection (e) by adding at the end the fol15 lowing: 

16 ‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.—If 

17 the Secretary undertakes an enforcement action at a 

18 facility about which a bona fide workplace claim has 

19 been filed or is contemporaneously filed, or as a result 

20 of information provided to the Secretary in retalia21 tion against employees for exercising their rights re22 lated to a bona fide workplace claim, the Secretary 

23 shall ensure that— 

24 ‘‘(A) any aliens arrested or detained who 

25 are necessary for the investigation or prosecution 


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1 of a bona fide workplace claim or criminal activ2 ity (as described in subparagraph (T) or (U) of 

3 section 101(a)(15)) are not removed from the 

4 United States until after the Secretary— 

5 ‘‘(i) notifies the appropriate law en6 forcement agency with jurisdiction over 

7 such violations or criminal activity; and 

8 ‘‘(ii) provides such agency with the op9 portunity to interview such aliens; 

10 ‘‘(B) no aliens entitled to a stay of removal 

11 or abeyance of removal proceedings under this 

12 section are removed; and 

13 ‘‘(C) the Secretary shall stay the removal of 

14 an alien who— 

15 ‘‘(i) has filed a claim regarding a cov16 ered violation described in clause (iv) of sec17 tion 101(a)(15)(U) and is the victim of the 

18 same violations under an existing investiga19 tion; 

20 ‘‘(ii) is a material witness in any 

21 pending or anticipated proceeding involving 

22 a bona fide workplace claim or civil rights 

23 claim; or 

24 ‘‘(iii) has filed for relief under such 

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1 forcement as described in clause (i)(III) of 

2 such section.’’; and 

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

4 ‘‘(m) VICTIMS OF CRIMINAL ACTIVITY OR LABOR AND

5 EMPLOYMENT VIOLATIONS.—The Secretary of Homeland 

6 Security may permit an alien to remain temporarily in 

7 the United States and authorize the alien to engage in em8 ployment in the United States if the Secretary determines 

9 that the alien— 

10 ‘‘(1) has filed for relief under section 

11 101(a)(15)(U); or 

12 ‘‘(2)(A) has filed, or is a material witness to, a 

13 bona fide claim or proceedings resulting from a cov14 ered violation (as defined in section 

15 101(a)(15)(U)(iv)); and 

16 ‘‘(B) has been helpful, is being helpful, or is like17 ly to be helpful, in the investigation, prosecution of, 

18 or pursuit of civil remedies related to the claim aris19 ing from a covered violation, to— 

20 ‘‘(i) a Federal, State, or local law enforce21 ment official; 

22 ‘‘(ii) a Federal, State, or local prosecutor; 

23 ‘‘(iii) a Federal, State, or local judge; 

24 ‘‘(iv) the Department of Homeland Secu25 rity; 


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1 ‘‘(v) the Equal Employment Opportunity 

2 Commission; or 

3 ‘‘(vi) the Department of Labor.’’. 

4 (d) CONFORMING AMENDMENTS.—Section 214(p) (8 

5 U.S.C. 1184(p)) is amended— 

6 (1) in paragraph (1), by striking ‘‘in section 

7 101(a)(15)(U)(iii).’’ both places it appears and in8 serting ‘‘in clause (iii) of section 101(a)(15)(U) or in9 vestigating, prosecuting, or seeking civil remedies for 

10 claims resulting from a covered violation described in 

11 clause (iv) of such section.’’; and 

12 (2) in the first sentence of paragraph (6)— 

13 (A) by striking ‘‘in section 

14 101(a)(15)(U)(iii)’’ and inserting ‘‘in clause 

15 (iii) of section 101(a)(15)(U) or claims resulting 

16 from a covered violation described in clause (iv) 

17 of such section’’; and 

18 (B) by inserting ‘‘or claim arising from a 

19 covered violation’’ after ‘‘prosecution of such 

20 criminal activity’’. 

21 (e) MODIFICATION OF LIMITATION ON AUTHORITY TO

22 ADJUST STATUS FOR VICTIMS OF CRIMES.—Section 

23 245(m)(1) (8 U.S.C. 1255(m)(1)) is amended, in the matter 

24 before subparagraph (A), by inserting ‘‘or an investigation 


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1 or prosecution regarding a workplace or civil rights claim’’ 

2 after ‘‘prosecution’’. 

3 (f) EXPANSION OF LIMITATION ON SOURCES OF INFOR4 MATION THAT MAY BE USED TO MAKE ADVERSE DETER5 MINATIONS.— 

6 (1) IN GENERAL.—Section 384(a)(1) of the Ille7 gal Immigration Reform and Immigrant Responsi8 bility Act of 1996 (8 U.S.C. 1367(a)(1)) is amend9 ed— 

10 (A) in each of subparagraphs (A) through 

11 (D), by striking the comma at the end and in12 serting a semicolon; 

13 (B) subparagraph (E), by striking ‘‘the 

14 criminal activity,’’ and inserting ‘‘abuse and the 

15 criminal activity or bona fide workplace claim 

16 (as defined in subsection (e));’’; 

17 (C) in subparagraph (F), by striking ‘‘, the 

18 trafficker or perpetrator,’’ and inserting ‘‘), the 

19 trafficker or perpetrator; or’’; and 

20 (D) by inserting after subparagraph (F) the 

21 following: 

22 ‘‘(G) the alien’s employer; or’’. 

23 (2) WORKPLACE CLAIM DEFINED.—Section 384 

24 of such Act (8 U.S.C. 1367) is amended by adding at 

25 the end the following: 


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1 ‘‘(e) WORKPLACE CLAIMS.— 

2 ‘‘(1) WORKPLACE CLAIMS DEFINED.— 

3 ‘‘(A) IN GENERAL.—In subsection (a)(1), 

4 the term ‘workplace claim’ means any claim, pe5 tition, charge, complaint, or grievance filed with, 

6 or submitted to, a Federal, State, or local agency 

7 or court, relating to the violation of applicable 

8 Federal, State, or local labor or employment 

9 laws. 

10 ‘‘(B) CONSTRUCTION.—Subparagraph (A) 

11 may not be construed to alter what constitutes 

12 retaliation or discrimination under any other 

13 provision of law. 

14 ‘‘(2) PENALTY FOR FALSE CLAIMS.—Any person 

15 who knowingly presents a false or fraudulent claim to 

16 a law enforcement official in relation to a covered 

17 violation described in section 101(a)(15)(U)(iv) of the 

18 Immigration and Nationality Act for the purpose of 

19 obtaining a benefit under this section shall be subject 

20 to a civil penalty of not more than $1,000. 

21 ‘‘(3) LIMITATION ON STAY OF ADVERSE DETER22 MINATIONS.—In the case of an alien applying for sta23 tus under section 101(a)(15)(U) of the Immigration 

24 and Nationality Act and seeking relief under that sec25 tion, the prohibition on adverse determinations under 


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1 subsection (a) shall expire on the date that the alien’s 

2 application for status under such section is denied 

3 and all opportunities for appeal of the denial have 

4 been exhausted.’’. 

5 (g) REMOVAL PROCEEDINGS.—Section 239(e) (8 

6 U.S.C. 1229(e)) is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘In cases where’’ and insert9 ing ‘‘If’’; and 

10 (B) by striking ‘‘paragraph (2),’’ and in11 serting ‘‘paragraph (2) or as a result of informa12 tion provided to the Secretary of Homeland Se13 curity in retaliation against individuals for ex14 ercising or attempting to exercise their employ15 ment rights or other legal rights,’’; and 

16 (2) in paragraph (2), by adding at the end the 

17 following: 

18 ‘‘(C) At a facility about which a bona fide 

19 workplace claim has been filed or is contempora20 neously filed.’’. 

21 SEC. 3202. EMPLOYMENT VERIFICATION SYSTEM EDU22 CATION FUNDING. 

23 (a) DISPOSITION OF CIVIL PENALTIES.—Penalties col24 lected under subsections (e)(4) and (f)(3) of section 274A 

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1 tion 3101, shall be deposited, as offsetting receipts, into the 

2 Comprehensive Immigration Reform Trust Fund estab3 lished under section 6(a)(1). 

4 (b) EXPENDITURES.—Amounts deposited into the 

5 Trust Fund under subsection (a) shall be made available 

6 to the Secretary and the Attorney General to provide edu7 cation to employers and employees regarding the require8 ments, obligations, and rights under the Employment 

9 Verification System. 

10 (c) DETERMINATION OF BUDGETARY EFFECTS.— 

11 (1) EMERGENCY DESIGNATION FOR CONGRES12 SIONAL ENFORCEMENT.—In the Senate, amounts 

13 made available under this section are designated as 

14 an emergency requirement pursuant to section 403(a) 

15 of S. Con. Res. 13 (111th Congress), the concurrent 

16 resolution on the budget for fiscal year 2010. 

17 (2) EMERGENCY DESIGNATION FOR STATUTORY

18 PAYGO.—Amounts made available under this section 

19 are designated as an emergency requirement under 

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

21 2010 (Public Law 111–139; 2 U.S.C. 933(g)). 

22 SEC. 3203. DIRECTIVE TO THE UNITED STATES SEN23 TENCING COMMISSION. 

24 (a) IN GENERAL.—Pursuant to its authority under 

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1 ance with subsection (b), the United States Sentencing 

2 Commission shall promulgate sentencing guidelines or 

3 amend existing sentencing guidelines to modify, if appro4 priate, the penalties imposed on persons convicted of of5 fenses under— 

6 (1) section 274A of the Immigration and Nation7 ality Act (8 U.S.C. 1324a), as amended by section 

8 3101; 

9 (2) section 16 of the Fair Labor Standards Act 

10 of 1938 (29 U.S.C. 216); and 

11 (3) any other Federal law covering similar con12 duct. 

13 (b) REQUIREMENTS.—In carrying out subsection (a), 

14 the Sentencing Commission shall provide sentencing en15 hancements for any person convicted of an offense described 

16 in subsection (a) if such offense involves— 

17 (1) the intentional confiscation of identification 

18 documents; 

19 (2) corruption, bribery, extortion, or robbery; 

20 (3) sexual abuse; 

21 (4) serious bodily injury; 

22 (5) an intent to defraud; or 

23 (6) a pattern of conduct involving multiple vio24 lations of law that— 


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1 (A) creates, through knowing and inten2 tional conduct, a risk to the health or safety of 

3 any victim; or 

4 (B) denies payments due to victims for 

5 work completed. 

6 Subtitle C—Other Provisions 

7 SEC. 3301. FUNDING. 

8 (a) ESTABLISHMENT OF THE INTERIOR ENFORCE9 MENT ACCOUNT.—There is hereby established in the Treas10 ury of the United States an account which shall be known 

11 as the Interior Enforcement Account. 

12 (b) APPROPRIATIONS.—There are authorized to be ap13 propriated to the Interior Enforcement Account 

14 $1,000,000,000 to carry out this title and the amendments 

15 made by this title, including the following appropriations: 

16 (1) In each of the 5 years beginning on the date 

17 of the enactment of this Act, the appropriations nec18 essary to increase to a level not less than 5,000, by 

19 the end of such 5-year period, the total number of per20 sonnel of the Department assigned exclusively or prin21 cipally to an office or offices in U.S. Citizenship and 

22 Immigration Services and U.S. Immigration and 

23 Customs Enforcement (and consistent with the mis24 sions of such agencies), dedicated to administering the 

25 System, and monitoring and enforcing compliance 


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1 with sections 274A, 274B, and 274C of the Immigra2 tion and Nationality Act (8 U.S.C. 1324a, 1324b, 

3 and 1324c), including compliance with the require4 ments of the Electronic Verification System estab5 lished under section 274A(d) of the Immigration and 

6 Nationality Act (8 U.S.C. 1324a(d)), as amended by 

7 section 3101. Such personnel shall perform compli8 ance and monitoring functions, including the fol9 lowing: 

10 (A) Verify compliance of employers partici11 pating in such System with the requirements for 

12 participation that are prescribed by the Sec13 retary. 

14 (B) Monitor such System for multiple uses 

15 of social security account numbers and immigra16 tion identification numbers that could indicate 

17 identity theft or fraud. 

18 (C) Monitor such System to identify dis19 criminatory or unfair practices. 

20 (D) Monitor such System to identify em21 ployers who are not using such System properly, 

22 including employers who fail to make available 

23 appropriate records with respect to their queries 

24 and any notices of confirmation, nonconfirma25 tion, or further action. 


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1 (E) Identify instances in which an em2 ployee alleges that an employer violated the em3 ployee’s privacy or civil rights, or misused such 

4 System, and create procedures for an employee to 

5 report such an allegation. 

6 (F) Analyze and audit the use of such Sys7 tem and the data obtained through such System 

8 to identify fraud trends, including fraud trends 

9 across industries, geographical areas, or em10 ployer size. 

11 (G) Analyze and audit the use of such Sys12 tem and the data obtained through such System 

13 to develop compliance tools as necessary to re14 spond to changing patterns of fraud. 

15 (H) Provide employers with additional 

16 training and other information on the proper 

17 use of such System, including training related to 

18 privacy and employee rights. 

19 (I) Perform threshold evaluation of cases for 

20 referral to the Special Counsel for Immigration21 Related Unfair Employment Practices of the De22 partment of Justice or the Equal Employment 

23 Opportunity Commission, and other officials or 

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1 discrimination, civil rights, privacy, or worker 

2 protection laws, as may be appropriate. 

3 (J) Any other compliance and monitoring 

4 activities that the Secretary determines are nec5 essary to ensure the functioning of such System. 

6 (K) Investigate identity theft and fraud de7 tected through such System and undertake the 

8 necessary enforcement or referral actions. 

9 (L) Investigate use of or access to fraudu10 lent documents and undertake the necessary en11 forcement actions. 

12 (M) Perform any other investigations that 

13 the Secretary determines are necessary to ensure 

14 the lawful functioning of such System, and un15 dertake any enforcement actions necessary as a 

16 result of such investigations. 

17 (2) The appropriations necessary to acquire, in18 stall, and maintain technological equipment necessary 

19 to support the functioning of such System and the 

20 connectivity between U.S. Citizenship and Immigra21 tion Services and U.S. Immigration and Customs 

22 Enforcement, the Department of Justice, and other 

23 agencies or officials with respect to the sharing of in24 formation to support such System and related immi25 gration enforcement actions. 


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1 (3) The appropriations necessary to establish a 

2 robust redress process for employees who wish to ap3 peal contested nonconfirmations to ensure the accu4 racy and fairness of such System. 

5 (4) The appropriations necessary to provide a 

6 means by which individuals may access their own 

7 employment authorization data to ensure the accu8 racy of such data, independent of an individual’s em9 ployer. 

10 (5) The appropriations necessary to carry out 

11 the identity authentication mechanisms described in 

12 section 274A(c)(1)(F) of the Immigration and Nation13 ality Act, as amended by section 3101(a). 

14 (6) The appropriations necessary for the Office 

15 for Civil Rights and Civil Liberties and the Office of 

16 Privacy of the Department to perform the responsibil17 ities of such Offices related to such System. 

18 (7) The appropriations necessary to make grants 

19 to States to support the States in assisting the Fed20 eral Government in carrying out the provisions of 

21 this title and the amendments made by this title. 

22 (c) ESTABLISHMENT OF REIMBURSABLE AGREEMENT

23 BETWEEN THE DEPARTMENT OF HOMELAND SECURITY

24 AND THE SOCIAL SECURITY ADMINISTRATION.—Effective 

25 for fiscal years beginning on or after the date of enactment 


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1 of this Act, the Secretary and the Commissioner of Social 

2 Security shall enter into and maintain an agreement 

3 that— 

4 (1) provides funds to the Commissioner for the 

5 full costs of the responsibilities of the Commissioner 

6 under this section, including— 

7 (A) acquiring, installing, and maintaining 

8 technological equipment and systems necessary 

9 for the fulfillment of the responsibilities of the 

10 Commissioner under this section; and 

11 (B) responding to individuals who contest a 

12 further action notice provided by the employ13 ment verification system established under sec14 tion 274A of the Immigration and Nationality 

15 Act, as amended by section 3101; 

16 (2) provides such funds quarterly in advance of 

17 the applicable quarter based on estimating method18 ology agreed to by the Commissioner and the Sec19 retary; and 

20 (3) requires an annual accounting and reconcili21 ation of the actual costs incurred and the funds pro22 vided under the agreement which shall be reviewed by 

23 the Office of the Inspector General of the Social Secu24 rity Administration and the Department. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS TO THE AT2 TORNEY GENERAL.—There are authorized to be appro3 priated to the Attorney General such sums as may be nec4 essary to carry out the provisions of this title and the 

5 amendments made by this title, including enforcing compli6 ance with section 274B of the Immigration and Nationality 

7 Act, as amended by section 3105. 

8 (e) AUTHORIZATION OF APPROPRIATIONS TO THE SEC9 RETARY OF STATE.—There are authorized to be appro10 priated to the Secretary of State such sums as may be nec11 essary to carry out the provisions of this title and the 

12 amendments made by this title. 

13 SEC. 3302. EFFECTIVE DATE. 

14 Except as otherwise specifically provided, this title and 

15 the amendments made by this title shall take effect on the 

16 date of the enactment of this Act. 

17 SEC. 3303. MANDATORY EXIT SYSTEM. 

18 (a) ESTABLISHMENT.— 

19 (1) IN GENERAL.—Not later than December 31, 

20 2015, the Secretary shall establish a mandatory exit 

21 data system that shall include a requirement for the 

22 collection of data from machine-readable visas, pass23 ports, and other travel and entry documents for all 

24 categories of aliens who are exiting from air and sea 

25 ports of entry. 


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1 (2) BIOMETRIC EXIT DATA SYSTEM.—Not later 

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

3 Act, the Secretary shall establish a mandatory bio4 metric exit data system at the 10 United States air5 ports that support the highest volume of international 

6 air travel, as determined by Department of Transpor7 tation international flight departure data. 

8 (3) REPORT.—Not later than 3 years after the 

9 date of the enactment of this Act, the Secretary shall 

10 submit a report to Congress that analyzes the effec11 tiveness of biometric exit data collection at the 10 air12 ports referred to in paragraph (2). 

13 (4) MANDATORY BIOMETRIC EXIT DATA SYS14 TEM.—Absent intervening action by Congress, the 

15 Secretary, not later than 6 years after the date of the 

16 enactment of this Act, shall establish a mandatory bi17 ometric exit data system at all the Core 30 inter18 national airports in the United States, as so des19 ignated by the Federal Aviation Administration. 

20 (5) EXPANSION OF BIOMETRIC EXIT DATA SYS21 TEM TO MAJOR SEA AND LAND PORTS.—Not later 

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

23 Act, the Secretary shall submit a plan to Congress for 

24 the expansion of the biometric exit system to major 


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1 sea and land entry and exit points within the United 

2 States based upon— 

3 (A) the performance of the program estab4 lished pursuant to paragraph (2); 

5 (B) the findings of the study conducted pur6 suant to paragraph (3); and 

7 (C) the projected costs to develop and deploy 

8 an effective biometric exit data system. 

9 (6) DATA COLLECTION.—There are authorized to 

10 be appropriated, from the Comprehensive Immigra11 tion Reform Trust Fund established under section 

12 6(a)(1), such sums as may be necessary to carry out 

13 this section 

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 information 

18 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 Pro23 tection; and 

24 (iii) the U.S. Citizenship and Immi25 gration Services; 


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1 (B) the Department of Justice, at the Exec2 utive Office for Immigration Review; and 

3 (C) the Department of State, at the Bureau 

4 of Consular Affairs. 

5 (2) INTEROPERABLE COMPONENT.—The fully in6 tegrated data system under paragraph (1) shall be an 

7 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 law 

12 enforcement agencies and the intelligence community 

13 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 on18 going training modules on immigration law to im19 prove adjudications at United States ports of entry, 

20 consulates, and embassies. 

21 (c) INFORMATION SHARING.—The Secretary shall re22 port to the appropriate Federal law enforcement agency, in23 telligence agency, national security agency, or component 

24 of the Department of Homeland Security any alien who 

25 was lawfully admitted into the United States and whose 


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1 individual data in the integrated exit data system shows 

2 that he or she has not departed the country when he or she 

3 was legally required to do so, and shall ensure that— 

4 (1) if the alien has departed the United States 

5 when he or she was legally required to do so, the in6 formation contained in the integrated exit data sys7 tem is updated to reflect the alien’s departure; or 

8 (2) if the alien has not departed the United 

9 States when he or she was legally required to do so, 

10 reasonably available enforcement resources are em11 ployed to locate the alien and to commence removal 

12 proceedings against the alien. 

13 SEC. 3304. IDENTITY-THEFT RESISTANT MANIFEST INFOR14 MATION FOR PASSENGERS, CREW, AND NON15 CREW ONBOARD DEPARTING AIRCRAFT AND 

16 VESSELS. 

17 (a) DEFINITIONS.—Except as otherwise specifically 

18 provided, in this section: 

19 (1) IDENTITY-THEFT RESISTANT COLLECTION LO20 CATION.—The term ‘‘identity-theft resistant collection 

21 location’’ means a location within an airport or sea22 port— 

23 (A) within the path of the departing alien, 

24 such that the alien would not need to signifi25 cantly deviate from that path to comply with 


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1 exit requirements at which air or vessel carrier 

2 employees, as applicable, either presently or rou3 tinely are available if an alien needs processing 

4 assistance; and 

5 (B) which is equipped with technology that 

6 can securely collect and transmit identity-theft 

7 resistant departure information to the Depart8 ment. 

9 (2) US-VISIT.—The term ‘‘US-VISIT’’ means 

10 the United States-Visitor and Immigrant Status In11 dicator Technology system. 

12 (b) IDENTITY THEFT RESISTANT MANIFEST INFORMA13 TION.— 

14 (1) PASSPORT OR VISA COLLECTION REQUIRE15 MENT.—Except as provided in subsection (c), an ap16 propriate official of each commercial aircraft or vessel 

17 departing from the United States to any port or place 

18 outside the United States shall ensure transmission to 

19 U.S. Customs and Border Protection of identity-theft 

20 resistant departure manifest information covering 

21 alien passengers, crew, and non-crew. Such identity22 theft resistant departure manifest information— 

23 (A) shall be transmitted to U.S. Customs 

24 and Border Protection at the place and time 


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1 specified in paragraph (3) by means approved 

2 by the Secretary; and 

3 (B) shall set forth the information specified 

4 in paragraph (4) or other information as re5 quired by the Secretary. 

6 (2) MANNER OF COLLECTION.—Carriers board7 ing alien passengers, crew, and noncrew subject to the 

8 requirement to provide information upon departure 

9 for US-VISIT processing shall collect identity-theft re10 sistant departure manifest information from each 

11 alien at an identity-theft resistant collection location 

12 at the airport or seaport before boarding that alien on 

13 transportation for departure from the United States, 

14 at a time as close to the originally scheduled depar15 ture of that passenger’s aircraft or sea vessel as prac16 ticable. 

17 (3) TIME AND MANNER OF SUBMISSION.— 

18 (A) IN GENERAL.—The appropriate official 

19 specified in paragraph (1) shall ensure trans20 mission of the identity-theft resistant departure 

21 manifest information required and collected 

22 under paragraphs (1) and (2) to the Data Center 

23 or Headquarters of U.S. Customs and Border 

24 Protection, or such other data center as may be 

25 designated. 


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1 (B) TRANSMISSION.—The biometric depar2 ture information may be transmitted to the De3 partment over any means of communication au4 thorized by the Secretary for the transmission of 

5 other electronic manifest information containing 

6 personally identifiable information and under 

7 transmission standards currently applicable to 

8 other electronic manifest information. 

9 (C) SUBMISSION ALONG WITH OTHER IN10 FORMATION.—Files containing the identity-theft 

11 resistant departure manifest information— 

12 (i) may be sent with other electronic 

13 manifest data prior to departure or may be 

14 sent separately from any topically related 

15 electronic manifest data; and 

16 (ii) may be sent in batch mode. 

17 (4) INFORMATION REQUIRED.—The identity-theft 

18 resistant departure information required under para19 graphs (1) through (3) for each covered passenger or 

20 crew member shall contain alien data from machine21 readable visas, passports, and other travel and entry 

22 documents issued to the alien. 

23 (c) EXCEPTION.—The identity-theft resistant depar24 ture information specified in this section is not required 

25 for any alien active duty military personnel traveling as 


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1 passengers on board a departing Department of Defense 

2 commercial chartered aircraft. 

3 (d) CARRIER MAINTENANCE AND USE OF IDENTITY4 THEFT RESISTANT DEPARTURE MANIFEST INFORMA5 TION.—Carrier use of identity-theft resistant departure 

6 manifest information for purposes other than as described 

7 in standards set by the Secretary is prohibited. Carriers 

8 shall immediately notify the Chief Privacy Officer of the 

9 Department in writing in the event of unauthorized use or 

10 access, or breach, of identity-theft resistant departure mani11 fest information. 

12 (e) COLLECTION AT SPECIFIED LOCATION.—If the Sec13 retary determines that an air or vessel carrier has not ade14 quately complied with the provisions of this section, the Sec15 retary may, in the Secretary’s discretion, require the air 

16 or vessel carrier to collect identity-theft resistant departure 

17 manifest information at a specific location prior to the 

18 issuance of a boarding pass or other document on the inter19 national departure, or the boarding of crew, in any port 

20 through which the carrier boards aliens for international 

21 departure under the supervision of the Secretary for such 

22 period as the Secretary considers appropriate to ensure the 

23 adequate collection and transmission of biometric departure 

24 manifest information. 


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1 (f) FUNDING.—There shall be appropriated to the Inte2 rior Enforcement Account $500,000,000 to reimburse car3 riers for their reasonable actual expenses in carrying out 

4 their duties as described in this section. 

5 (g) 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 403(a) 

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

11 resolution on the budget for fiscal year 2010. 

12 (2) EMERGENCY DESIGNATION FOR STATUTORY

13 PAYGO.—Amounts made available under this section 

14 are designated as an emergency requirement under 

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

16 2010 (Public Law 111–139; 2 U.S.C. 933(g)). 

17 SEC. 3305. PROFILING. 

18 (a) PROHIBITION.—In making routine or spontaneous 

19 law enforcement decisions, such as ordinary traffic stops, 

20 Federal law enforcement officers may not use race or eth21 nicity to any degree, except that officers may rely on race 

22 and ethnicity if a specific suspect description exists. 

23 (b) EXCEPTIONS.— 

24 (1) SPECIFIC INVESTIGATION.—In conducting 

25 activities in connection with a specific investigation, 


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1 Federal law enforcement officers may consider race 

2 and ethnicity only to the extent that there is trust3 worthy information, relevant to the locality or time 

4 frame, that links persons of a particular race or eth5 nicity to an identified criminal incident, scheme, or 

6 organization. This standard applies even where the 

7 use of race or ethnicity might otherwise be lawful. 

8 (2) NATIONAL SECURITY.—In investigating or 

9 preventing threats to national security or other cata10 strophic events (including the performance of duties 

11 related to air transportation security), or in enforcing 

12 laws protecting the integrity of the Nation’s borders, 

13 Federal law enforcement officers may not consider 

14 race or ethnicity except to the extent permitted by the 

15 Constitution and laws of the United States. 

16 (3) DEFINED TERM.—In this section, the term 

17 ‘‘Federal law enforcement officer’’ means any officer, 

18 agent, or employee of the United States authorized by 

19 law or by a Government agency to engage in or su20 pervise the prevention, detection, investigation, or 

21 prosecution of any violation of Federal law. 

22 (c) STUDY AND REGULATIONS.— 

23 (1) DATA COLLECTION.—Not later than 180 days 

24 after the date of the enactment of this Act, the Sec25 retary shall begin collecting data regarding the indiVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01464 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 vidualized immigration enforcement activities of cov2 ered Department officers. 

3 (2) STUDY.—Not later than 180 days after data 

4 collection under paragraph (1) commences, the Sec5 retary shall complete a study analyzing the data. 

6 (3) REGULATIONS.—Not later than 90 days after 

7 the date the study required by paragraph (2) is com8 pleted, the Secretary, in consultation with the Attor9 ney General, shall issue regulations regarding the use 

10 of race, ethnicity, and any other suspect classifica11 tions the Secretary deems appropriate by covered De12 partment officers. 

13 (4) REPORTS.—Not later than 30 days after 

14 completion of the study required by paragraph (2), 

15 the Secretary shall submit the study to— 

16 (A) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; 

18 (B) the Committee on Homeland Security of 

19 the House of Representatives; 

20 (C) the Committee on Appropriations of the 

21 Senate; 

22 (D) the Committee on Appropriations of the 

23 House of Representatives; 

24 (E) the Committee on the Judiciary of the 

25 Senate; and 


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1 (F) the Committee on the Judiciary of the 

2 House of Representatives. 

3 (5) DEFINED TERM.—In this subsection, the 

4 term ‘‘covered Department officer’’ means any officer, 

5 agent, or employee of United States Customs and 

6 Border Protection, United States Immigration and 

7 Customs Enforcement, or the Transportation Security 

8 Administration. 

9 SEC. 3306. ENHANCED PENALTIES FOR CERTAIN DRUG OF10 FENSES ON FEDERAL LANDS. 

11 (a) CULTIVATING OR MANUFACTURING CONTROLLED

12 SUBSTANCES ON FEDERAL PROPERTY.—Section 401(b)(5) 

13 of the Controlled Substances Act (21 U.S.C. 841(b)(5)) is 

14 amended by striking ‘‘as provided in this subsection’’ and 

15 inserting ‘‘for not more than 10 years, in addition to any 

16 other term of imprisonment imposed under this sub17 section,’’. 

18 (b) USE OF HAZARDOUS SUBSTANCES.—Pursuant to 

19 its authority under section 994 of title 28, United States 

20 Code, the United States Sentencing Commission shall 

21 amend the Federal Sentencing Guidelines and policy state22 ments to ensure that the guidelines provide an additional 

23 penalty increase of 2 offense levels above the sentence other24 wise applicable for a violation of section 401(a) of the Con25 trolled Substances Act (21 U.S.C. 841(a)) if the offense— 


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1 (1) includes the use of a poison, chemical, or 

2 other hazardous substance to cultivate or manufacture 

3 controlled substances on Federal property; 

4 (2) creates a hazard to humans, wildlife, or do5 mestic animals; 

6 (3) degrades or harms the environment or nat7 ural resources; or 

8 (4) pollutes an aquifer, spring, stream, river, or 

9 body of water. 

10 (c) STREAM DIVERSION OR CLEAR CUTTING ON FED11 ERAL PROPERTY.— 

12 (1) PROHIBITION ON STREAM DIVERSION OR

13 CLEAR CUTTING ON FEDERAL PROPERTY.—Section 

14 401(b) of the Controlled Substances Act is amended 

15 by adding at the end the following: 

16 ‘‘(8) DESTRUCTION OF BODIES OF WATER.—Any 

17 person who violates subsection (a) in a manner that 

18 diverts, redirects, obstructs, or drains an aquifer, 

19 spring, stream, river, or body of water or clear cuts 

20 timber while cultivating or manufacturing a con21 trolled substance on Federal property shall be fined in 

22 accordance with title 18, United States Code.’’. 

23 (2) FEDERAL SENTENCING GUIDELINES EN24 HANCEMENT.—Pursuant to its authority under sec25 tion 994 of title 28, United States Code, the United 


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1 States Sentencing Commission shall amend the Fed2 eral Sentencing Guidelines and policy statements to 

3 ensure that the guidelines provide an additional pen4 alty increase of 2 offense levels for above the sentence 

5 otherwise applicable for a violation of section 401(a) 

6 of the Controlled Substances Act (21 U.S.C. 841(a)) 

7 if the offense involves the diversion, redirection, ob8 struction, or draining of an aquifer, spring, stream, 

9 river, or body of water or the clear cut of timber while 

10 cultivating or manufacturing a controlled substance 

11 on Federal property. 

12 (d) BOOBY TRAPS ON FEDERAL LAND.—Section 

13 401(d)(1) of the Controlled Substances Act (21 U.S.C. 

14 841(d)(1)) is amended by inserting ‘‘cultivated,’’ after ‘‘is 

15 being’’. 

16 (e) USE OR POSSESSION OF FIREARMS IN CONNECTION

17 WITH DRUG OFFENSES ON FEDERAL LANDS.—Pursuant to 

18 its authority under section 994 of title 28, United States 

19 Code, the United States Sentencing Commission shall 

20 amend the Federal Sentencing Guidelines and policy state21 ments to ensure that the guidelines provide an additional 

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1 volves the possession of a firearm while cultivating or man2 ufacturing controlled substances on Federal lands. 

3 Subtitle D—Asylum and Refugee 

4 Provisions 

5 SEC. 3401. TIME LIMITS AND EFFICIENT ADJUDICATION OF 

6 GENUINE ASYLUM CLAIMS. 

7 Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended— 

8 (1) in subparagraph (A), by inserting ‘‘or the 

9 Secretary of Homeland Security’’ after ‘‘Attorney 

10 General’’ both places such term appears; 

11 (2) by striking subparagraphs (B) and (D); 

12 (3) by redesignating subparagraph (C) as sub13 paragraph (B); 

14 (4) in subparagraph (B), as redesignated, by 

15 striking ‘‘subparagraph (D)’’ and inserting ‘‘subpara16 graphs (C) and (D)’’; and 

17 (5) by inserting after subparagraph (B), as re18 designated, the following: 

19 ‘‘(C) CHANGED CIRCUMSTANCES.—Notwith20 standing subparagraph (B), an application for 

21 asylum of an alien may be considered if the 

22 alien demonstrates, to the satisfaction of the At23 torney General or the Secretary of Homeland Se24 curity, the existence of changed circumstances 


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1 that materially affect the applicant’s eligibility 

2 for asylum. 

3 ‘‘(D) MOTION TO REOPEN CERTAIN MERI4 TORIOUS CLAIMS.—Notwithstanding subpara5 graph (B) or section 240(c)(7), an alien may file 

6 a motion to reopen an asylum claim during the 

7 2-year period beginning on the date of the enact8 ment of the Border Security, Economic Oppor9 tunity, and Immigration Modernization Act if 

10 the alien— 

11 ‘‘(i) was denied asylum based solely 

12 upon a failure to meet the 1-year applica13 tion filing deadline in effect on the date on 

14 which the application was filed; 

15 ‘‘(ii) was granted withholding of re16 moval pursuant to section 241(b)(3) and 

17 has not obtained lawful permanent resi18 dence in the United States pursuant to any 

19 other provision of law; 

20 ‘‘(iii) is not subject to the safe third 

21 country exception under subparagraph (A) 

22 or a bar to asylum under subsection (b)(2) 

23 and should not be denied asylum as a mat24 ter of discretion; and 


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1 ‘‘(iv) is physically present in the 

2 United States when the motion is filed.’’. 

3 SEC. 3402. REFUGEE FAMILY PROTECTIONS. 

4 (a) CHILDREN OF REFUGEE OR ASYLEE SPOUSES AND

5 CHILDREN.—A child of an alien who qualifies for admis6 sion as a spouse or child under section 207(c)(2)(A) or 

7 208(b)(3) of the Immigration and Nationality Act (8 

8 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to 

9 the same status as such alien if the child— 

10 (1) is accompanying or following to join such 

11 alien; and 

12 (2) is otherwise eligible under section 

13 207(c)(2)(A) or 208(b)(3) of the Immigration and Na14 tionality Act. 

15 SEC. 3403. CLARIFICATION ON DESIGNATION OF CERTAIN 

16 REFUGEES. 

17 (a) TERMINATION OF CERTAIN PREFERENTIAL TREAT18 MENT IN IMMIGRATION OF AMERASIANS.—Section 584 of 

19 the Foreign Operations, Export Financing, and Related 

20 Programs Appropriations Act, 1988 (8 U.S.C. 1101 note) 

21 is amended by adding at the end the following: 

22 ‘‘(f) No visa may be issued under this section if the 

23 petition or application for such visa is submitted on or after 

24 the date of the enactment of the Border Security, Economic 

25 Opportunity, and Immigration Modernization Act.’’. 


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1 (b) REFUGEE DESIGNATION.—Section 207(c)(1) (8 

2 U.S.C. 1157(c)(1)) is amended— 

3 (1) by inserting ‘‘(A)’’ before ‘‘Subject to the nu4 merical limitations’’; and 

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

6 ‘‘(B)(i) The President, upon a recommendation of the 

7 Secretary of State made in consultation with the Secretary 

8 of Homeland Security, and after appropriate consultation, 

9 may designate specifically defined groups of aliens— 

10 ‘‘(I) whose resettlement in the United States is 

11 justified by humanitarian concerns or is otherwise in 

12 the national interest; and 

13 ‘‘(II) who— 

14 ‘‘(aa) share common characteristics that 

15 identify them as targets of persecution on ac16 count of race, religion, nationality, membership 

17 in a particular social group, or political opin18 ion; or 

19 ‘‘(bb) having been identified as targets as 

20 described in item (aa), share a common need for 

21 resettlement due to a specific vulnerability. 

22 ‘‘(ii) An alien who establishes membership in a group 

23 designated under clause (i) to the satisfaction of the Sec24 retary of Homeland Security shall be considered a refugee 

25 for purposes of admission as a refugee under this section 


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1 unless the Secretary determines that such alien ordered, in2 cited, assisted, or otherwise participated in the persecution 

3 of any person on account of race, religion, nationality, 

4 membership in a particular social group, or political opin5 ion. 

6 ‘‘(iii) A designation under clause (i) is for purposes 

7 of adjudicatory efficiency and may be revoked by the Presi8 dent at any time after notification to Congress. 

9 ‘‘(iv) Categories of aliens established under section 

10 599D of the Foreign Operations, Export Financing, and 

11 Related Programs Appropriations Act, 1990 (Public Law 

12 101–167; 8 U.S.C. 1157 note)— 

13 ‘‘(I) shall be designated under clause (i) until the 

14 end of the first fiscal year commencing after the date 

15 of the enactment of the Border Security, Economic 

16 Opportunity, and Immigration Modernization Act; 

17 and 

18 ‘‘(II) shall be eligible for designation thereafter 

19 at the discretion of the President, considering, among 

20 other factors, whether a country under consideration 

21 has been designated by the Secretary of State as a 

22 ‘Country of Particular Concern’ for engaging in or 

23 tolerating systematic, ongoing, and egregious viola24 tions of religious freedom. 


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1 ‘‘(v) A designation under clause (i) shall not influence 

2 decisions to grant, to any alien, asylum under section 208, 

3 protection under section 241(b)(3), or protection under the 

4 Convention Against Torture and Other Cruel, Inhuman or 

5 Degrading Treatment or Punishment, done at New York 

6 December 10, 1984. 

7 ‘‘(vi) A decision to deny admission under this section 

8 to an alien who establishes to the satisfaction of the Sec9 retary that the alien is a member of a group designated 

10 under clause (i) shall— 

11 ‘‘(I) be in writing; and 

12 ‘‘(II) state, to the maximum extent feasible, the 

13 reason for the denial. 

14 ‘‘(vii) Refugees admitted pursuant to a designation 

15 under clause (i) shall be subject to the number of admissions 

16 and be admissible under this section.’’. 

17 SEC. 3404. ASYLUM DETERMINATION EFFICIENCY. 

18 Section 235(b)(1)(B)(ii) (8 U.S.C. 1225(b)(1)(B)(ii)) 

19 is amended by striking ‘‘asylum.’’ and inserting ‘‘asylum 

20 by an asylum officer. The asylum officer, after conducting 

21 a nonadversarial asylum interview and seeking supervisory 

22 review, may grant asylum to the alien under section 208 

23 or refer the case to a designee of the Attorney General, for 

24 a de novo asylum determination, for relief under the Con25 vention Against Torture and Other Cruel, Inhuman or DeVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01474 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 grading Treatment or Punishment, done at New York De2 cember 10, 1984, or for protection under section 241(b)(3).’’. 

3 SEC. 3405. STATELESS PERSONS IN THE UNITED STATES. 

4 (a) IN GENERAL.—Chapter 1 of title II (8 U.S.C. 1151 

5 et seq.) is amended by adding at the end the following: 

6 ‘‘SEC. 210A. PROTECTION OF CERTAIN STATELESS PERSONS 

7 IN THE UNITED STATES. 

8 ‘‘(a) STATELESS PERSONS.— 

9 ‘‘(1) IN GENERAL.—In this section, the term 

10 ‘stateless person’ means an individual who is not con11 sidered a national under the operation of the laws of 

12 any country. 

13 ‘‘(2) DESIGNATION OF SPECIFIC STATELESS

14 GROUPS.—The Secretary of Homeland Security, in 

15 consultation with the Secretary of State, may, in the 

16 discretion of the Secretary, designate specific groups 

17 of individuals who are considered stateless persons, 

18 for purposes of this section. 

19 ‘‘(b) STATUS OF STATELESS PERSONS.— 

20 ‘‘(1) RELIEF FOR CERTAIN INDIVIDUALS DETER21 MINED TO BE STATELESS PERSONS.—The Secretary of 

22 Homeland Security or the Attorney General may, in 

23 his or her discretion, provide conditional lawful sta24 tus to an alien who is otherwise inadmissible or de25 portable from the United States if the alien— 


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1 ‘‘(A) is a stateless person present in the 

2 United States; 

3 ‘‘(B) applies for such relief; 

4 ‘‘(C) has not lost his or her nationality as 

5 a result of his or her voluntary action or know6 ing inaction after arrival in the United States; 

7 ‘‘(D) except as provided in paragraphs (2) 

8 and (3), is not inadmissible under section 

9 212(a); and 

10 ‘‘(E) is not described in section 

11 241(b)(3)(B)(i). 

12 ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI13 SIONS.—The provisions under paragraphs (4), (5), 

14 (7), and (9)(B) of section 212(a) shall not apply to 

15 any alien seeking relief under paragraph (1). 

16 ‘‘(3) WAIVER.—The Secretary or the Attorney 

17 General may waive any other provisions of such sec18 tion, other than subparagraphs (B), (C), (D)(ii), (E), 

19 (G), (H), or (I) of paragraph (2), paragraph (3), 

20 paragraph (6)(C)(i) (with respect to misrepresenta21 tions relating to the application for relief under para22 graph (1)), or subparagraphs (A), (C), (D), or (E) of 

23 paragraph (10) of section 212(a), with respect to such 

24 an alien for humanitarian purposes, to assure family 

25 unity, or if it is otherwise in the public interest. 


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1 ‘‘(4) SUBMISSION OF PASSPORT OR TRAVEL DOC2 UMENT.—Any alien who seeks relief under this section 

3 shall submit to the Secretary of Homeland Security 

4 or the Attorney General— 

5 ‘‘(A) any available passport or travel docu6 ment issued at any time to the alien (whether or 

7 not the passport or document has expired or been 

8 cancelled, rescinded, or revoked); or 

9 ‘‘(B) an affidavit, sworn under penalty of 

10 perjury— 

11 ‘‘(i) stating that the alien has never 

12 been issued a passport or travel document; 

13 or 

14 ‘‘(ii) identifying with particularity 

15 any such passport or travel document and 

16 explaining why the alien cannot submit it. 

17 ‘‘(5) WORK AUTHORIZATION.—The Secretary of 

18 Homeland Security may authorize an alien who has 

19 applied for and is found prima facie eligible for or 

20 been granted relief under paragraph (1) to engage in 

21 employment in the United States. 

22 ‘‘(6) TRAVEL DOCUMENTS.—The Secretary may 

23 issue appropriate travel documents to an alien who 

24 has been granted relief under paragraph (1) that 

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1 mitted to the United States upon return, if otherwise 

2 admissible. 

3 ‘‘(7) TREATMENT OF SPOUSE AND CHILDREN.— 

4 The spouse or child of an alien who has been granted 

5 conditional lawful status under paragraph (1) shall, 

6 if not otherwise eligible for admission under para7 graph (1), be granted conditional lawful status under 

8 this section if accompanying, or following to join, 

9 such alien if— 

10 ‘‘(A) the spouse or child is admissible (ex11 cept as otherwise provided in paragraphs (2) 

12 and (3)) and is not described in section 

13 241(b)(3)(B)(i); and 

14 ‘‘(B) the qualifying relationship to the prin15 cipal beneficiary existed on the date on which 

16 such alien was granted conditional lawful status. 

17 ‘‘(c) ADJUSTMENT OF STATUS.— 

18 ‘‘(1) INSPECTION AND EXAMINATION.—At the end 

19 of the 1-year period beginning on the date on which 

20 an alien has been granted conditional lawful status 

21 under subsection (b), the alien may apply for lawful 

22 permanent residence in the United States if— 

23 ‘‘(A) the alien has been physically present 

24 in the United States for at least 1 year; 


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1 ‘‘(B) the alien’s conditional lawful status 

2 has not been terminated by the Secretary of 

3 Homeland Security or the Attorney General, 

4 pursuant to such regulations as the Secretary or 

5 the Attorney General may prescribe; and 

6 ‘‘(C) the alien has not otherwise acquired 

7 permanent resident status. 

8 ‘‘(2) REQUIREMENTS FOR ADJUSTMENT OF STA9 TUS.—The Secretary of Homeland Security or the At10 torney General, under such regulations as the Sec11 retary or the Attorney General may prescribe, may 

12 adjust the status of an alien granted conditional law13 ful status under subsection (b) to that of an alien 

14 lawfully admitted for permanent residence if such 

15 alien— 

16 ‘‘(A) is a stateless person; 

17 ‘‘(B) properly applies for such adjustment 

18 of status; 

19 ‘‘(C) has been physically present in the 

20 United States for at least 1 year after being 

21 granted conditional lawful status under sub22 section (b); 

23 ‘‘(D) is not firmly resettled in any foreign 

24 country; and 


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1 ‘‘(E) is admissible (except as otherwise pro2 vided under paragraph (2) or (3) of subsection 

3 (b)) as an immigrant under this chapter at the 

4 time of examination of such alien for adjustment 

5 of status. 

6 ‘‘(3) RECORD.—Upon approval of an applica7 tion under this subsection, the Secretary of Homeland 

8 Security shall establish a record of the alien’s admis9 sion for lawful permanent residence as of the date 

10 that is 1 year before the date of such approval. 

11 ‘‘(4) NUMERICAL LIMITATION.—The number of 

12 aliens who may receive an adjustment of status under 

13 this section for a fiscal year shall be subject to the nu14 merical limitation of section 203(b)(4). 

15 ‘‘(d) PROVING THE CLAIM.—In determining an alien’s 

16 eligibility for lawful conditional status or adjustment of 

17 status under this subsection, the Secretary of Homeland Se18 curity or the Attorney General shall consider any credible 

19 evidence relevant to the application. The determination of 

20 what evidence is credible and the weight to be given that 

21 evidence shall be within the sole discretion of the Secretary 

22 or the Attorney General. 

23 ‘‘(e) REVIEW.— 

24 ‘‘(1) ADMINISTRATIVE REVIEW.—No appeal shall 

25 lie from the denial of an application by the Secretary, 


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1 but such denial will be without prejudice to the 

2 alien’s right to renew the application in proceedings 

3 under section 240. 

4 ‘‘(2) MOTIONS TO REOPEN.—Notwithstanding 

5 any limitation imposed by law on motions to reopen 

6 removal, deportation, or exclusion proceedings, any 

7 individual who is eligible for relief under this section 

8 may file a motion to reopen proceedings in order to 

9 apply for relief under this section. Any such motion 

10 shall be filed within 2 years of the date of the enact11 ment of the Border Security, Economic Opportunity, 

12 and Immigration Modernization Act. 

13 ‘‘(f) LIMITATION.— 

14 ‘‘(1) APPLICABILITY.—The provisions of this sec15 tion shall only apply to aliens present in the United 

16 States. 

17 ‘‘(2) SAVINGS PROVISION.—Nothing in this sec18 tion may be construed to authorize or require— 

19 ‘‘(A) the admission of any alien to the 

20 United States; 

21 ‘‘(B) the parole of any alien into the United 

22 States; or 

23 ‘‘(C) the grant of any motion to reopen or 

24 reconsider filed by an alien after departure or 

25 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 ‘‘208(a).’’ 

3 and inserting ‘‘208(a) or 210A.’’. 

4 (c) CONFORMING AMENDMENT.—Section 203(b)(4) (8 

5 U.S.C. 1153(b)(4)) is amended by inserting ‘‘to aliens 

6 granted an adjustment of status under section 210A(c) or’’ 

7 after ‘‘level,’’. 

8 (d) CLERICAL AMENDMENT.—The table of contents for 

9 the Immigration and Nationality Act is amended by insert10 ing after the item relating to section 210 the following: 

‘‘Sec. 210A. Protection of stateless persons in the United States.’’. 

11 SEC. 3406. U VISA ACCESSIBILITY. 

12 Section 214(p)(2)(A) (8 U.S.C. 1184(p)(2)(A)) is 

13 amended by striking ‘‘10,000.’’ and inserting ‘‘18,000, of 

14 which not more than 3,000 visas may be issued for aliens 

15 who are victims of a covered violation described in section 

16 101(a)(15)(U).’’. 

17 SEC. 3407. WORK AUTHORIZATION WHILE APPLICATIONS 

18 FOR U AND T VISAS ARE PENDING. 

19 (a) U VISAS.—Section 214(p) (8 U.S.C. 1184(p)), as 

20 amended by section 3406 of this Act, is further amended— 

21 (1) in paragraph (6), by striking the last sen22 tence; and 

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

24 ‘‘(7) WORK AUTHORIZATION.—Notwithstanding 

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1 ployment in the United States, the Secretary of 

2 Homeland Security shall grant employment author3 ization to an alien who has filed an application for 

4 nonimmigrant status under section 101(a)(15)(U) on 

5 the date that is the earlier of— 

6 ‘‘(A) the date on which the alien’s applica7 tion for such status is approved; or 

8 ‘‘(B) a date determined by the Secretary 

9 that is not later than 180 days after the date on 

10 which the alien filed the application.’’. 

11 (b) T VISAS.—Section 214(o) (8 U.S.C. 1184(o)) is 

12 amended by adding at the end the following: 

13 ‘‘(8) Notwithstanding any provision of this Act 

14 granting eligibility for employment in the United 

15 States, the Secretary of Homeland Security shall 

16 grant employment authorization to an alien who has 

17 filed an application for nonimmigrant status under 

18 section 101(a)(15)(T) on the date that is the earlier 

19 of— 

20 ‘‘(A) the date on which the alien’s applica21 tion for such status is approved; or 

22 ‘‘(B) a date determined by the Secretary 

23 that is not later than 180 days after the date on 

24 which the alien filed the application.’’. 


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1 SEC. 3408. REPRESENTATION AT OVERSEAS REFUGEE 

2 INTERVIEWS. 

3 Section 207(c) (8 U.S.C. 1157(c)) is amended by add4 ing at the end the following: 

5 ‘‘(5) The adjudicator of an application for ref6 ugee status under this section shall consider all rel7 evant evidence and maintain a record of the evidence 

8 considered. 

9 ‘‘(6) An applicant for refugee status may be rep10 resented, including at a refugee interview, at no ex11 pense to the Government, by an attorney or accredited 

12 representative who— 

13 ‘‘(A) was chosen by the applicant; and 

14 ‘‘(B) is authorized by the Secretary of 

15 Homeland Security to be recognized as the rep16 resentative of such applicant in an adjudication 

17 under this section. 

18 ‘‘(7)(A) A decision to deny an application for 

19 refugee status under this section— 

20 ‘‘(i) shall be in writing; and 

21 ‘‘(ii) shall provide, to the maximum extent 

22 feasible, information on the reason for the denial, 

23 including— 

24 ‘‘(I) the facts underlying the deter25 mination; and 


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1 ‘‘(II) whether there is a waiver of in2 admissibility available to the applicant. 

3 ‘‘(B) The basis of any negative credibility find4 ing shall be part of the written decision. 

5 ‘‘(8)(A) An applicant who is denied refugee sta6 tus under this section may file a request with the Sec7 retary for a review of his or her application not later 

8 than 120 days after such denial. 

9 ‘‘(B) A request filed under subparagraph (A) 

10 shall be adjudicated by refugee officers who have re11 ceived training on considering requests for review of 

12 refugee applications that have been denied. 

13 ‘‘(C) The Secretary shall publish the standard 

14 applied to a request for review. 

15 ‘‘(D) A request for review may result in the deci16 sion being granted, denied, or reopened for a further 

17 interview. 

18 ‘‘(E) A decision on a request for review under 

19 this paragraph— 

20 ‘‘(i) shall be in writing; and 

21 ‘‘(ii) shall provide, to the maximum extent 

22 feasible, information on the reason for the de23 nial.’’. 


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1 SEC. 3409. LAW ENFORCEMENT AND NATIONAL SECURITY 

2 CHECKS. 

3 (a) REFUGEES.—Section 207(c)(1) (8 U.S.C. 

4 1157(c)(1)) is amended by adding at the end the following: 

5 ‘‘No alien shall be admitted as a refugee until the identity 

6 of the applicant, including biographic and biometric data, 

7 has been checked against all appropriate records or data8 bases maintained by the Secretary of Homeland Security, 

9 the Attorney General, the Secretary of State, and other Fed10 eral records or databases that the Secretary of Homeland 

11 Security considers necessary, to determine any national se12 curity, law enforcement, or other grounds on which the 

13 alien may be inadmissible to the United States or ineligible 

14 to apply for or be granted refugee status.’’. 

15 (b) ASYLEES.—Section 208(d)(5)(A)(i) (8 U.S.C. 

16 1158(d)(5)(A)(i)) is amended to read as follows: 

17 ‘‘(i) asylum shall not be granted until 

18 the identity of the applicant, using bio19 graphic and biometric data, has been 

20 checked against all appropriate records or 

21 databases maintained by the Secretary of 

22 Homeland Security, the Attorney General, 

23 the Secretary of State, and other Federal 

24 records or databases that the Secretary of 

25 Homeland Security considers necessary, to 

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1 forcement, or other grounds on which the 

2 alien may be inadmissible to the United 

3 States or ineligible to apply for or be grant4 ed asylum;’’. 

5 SEC. 3410. TIBETAN REFUGEE ASSISTANCE. 

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

7 ‘‘Tibetan Refugee Assistance Act of 2013’’. 

8 (b) TRANSITION FOR DISPLACED TIBETANS.—Not9 withstanding the numerical limitations specified in sections 

10 201 and 202 of the Immigration and Nationality Act (8 

11 U.S.C. 1151 and 1152), 5,000 immigrant visas shall be 

12 made available to qualified displaced Tibetans described in 

13 subsection (c) during the 3-year period beginning on Octo14 ber 1, 2013. 

15 (c) QUALIFIED DISPLACED TIBETAN DESCRIBED.— 

16 (1) IN GENERAL.—An individual is a qualified 

17 displaced Tibetan if such individual— 

18 (A) is a native of Tibet; and 

19 (B) has been continuously residing in India 

20 or Nepal since before the date of the enactment 

21 of this Act. 

22 (2) NATIVE OF TIBET DESCRIBED.—For purposes 

23 of paragraph (1)(A), an individual shall be consid24 ered a native of Tibet if such individual— 

25 (A) was born in Tibet; or 


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1 (B) is the son, daughter, grandson, or 

2 granddaughter of an individual who was born in 

3 Tibet. 

4 (d) DERIVATIVE STATUS FOR SPOUSES AND CHIL5 DREN.—A spouse or child (as defined in subparagraphs (A), 

6 (B), (C), (D), or (E) of section 101(b)(1) of the Immigration 

7 and Nationality Act (8 U.S.C. 1101(b)(1))) shall, if not oth8 erwise entitled to an immigrant status and the immediate 

9 issuance of a visa under this section, be entitled to the same 

10 status, and the same order of consideration, provided under 

11 this section, if accompanying, or following to join, the 

12 spouse or parent of such spouse or child. 

13 (e) DISTRIBUTION OF VISA NUMBERS.—The Secretary 

14 of State shall ensure that immigrant visas provided under 

15 subsection (b) are made available to qualified displaced Ti16 betans described in subsection (c) or (d) in an equitable 

17 manner, giving preference to those qualified displaced Ti18 betans who— 

19 (1) are not resettled in India or Nepal; or 

20 (2) are most likely to be resettled successfully in 

21 the United States. 

22 SEC. 3411. TERMINATION OF ASYLUM OR REFUGEE STATUS. 

23 (a) TERMINATION OF STATUS.—Except as provided in 

24 subsections (b) and (c), any alien who is granted asylum 

25 or refugee status under this Act or the Immigration and 


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1 Nationality Act (8 U.S.C. 1101 et seq.), who, without good 

2 cause as determined by the Secretary or the Attorney Gen3 eral, subsequently returns to the country of such alien’s na4 tionality or, in the case of an alien having no nationality, 

5 returns to any country in which such alien last habitually 

6 resided, and who applied for such status because of persecu7 tion or a well-founded fear of persecution in that country 

8 on account of race, religion, nationality, membership in a 

9 particular social group, or political opinion, shall have his 

10 or her refugee or asylum status terminated. 

11 (b) WAIVER.—The Secretary has discretion to waive 

12 subsection (a) if it is established to the satisfaction of the 

13 Secretary or the Attorney General that the alien had good 

14 cause for the return. The waiver may be sought prior to 

15 departure from the United States or upon return. 

16 (c) EXCEPTION FOR CERTAIN ALIENS FROM CUBA.— 

17 Subsection (a) shall not apply to an alien who is eligible 

18 for adjustment to that of an alien lawfully admitted for 

19 permanent residence pursuant to the Cuban Adjustment Act 

20 of 1966 (Public Law 89–732). 

21 SEC. 3412. ASYLUM CLOCK. 

22 Section 208(d)(2) (8 U.S.C. 1158(d)(2)) is amended 

23 by striking ‘‘is not entitled to employment authorization’’ 

24 and all that follows through ‘‘prior to 180 days after’’ and 


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1 inserting ‘‘shall be provided employment authorization 180 

2 days after’’. 

3 Subtitle E—Shortage of Immigra4 tion Court Resources for Re5 moval Proceedings 

6 SEC. 3501. SHORTAGE OF IMMIGRATION COURT PER7 SONNEL FOR REMOVAL PROCEEDINGS. 

8 (a) IMMIGRATION COURT JUDGES.—The Attorney 

9 General shall increase the total number of immigration 

10 judges to adjudicate current pending cases and efficiently 

11 process future cases by at least— 

12 (1) 75 in fiscal year 2014; 

13 (2) 75 in fiscal year 2015; and 

14 (3) 75 in fiscal year 2016. 

15 (b) NECESSARY SUPPORT STAFF FOR IMMIGRATION

16 COURT JUDGES.—The Attorney General shall address the 

17 shortage of support staff for immigration judges by ensur18 ing that each immigration judge has the assistance of the 

19 necessary support staff, including the equivalent of 1 staff 

20 attorney or law clerk and 1 legal assistant. 

21 (c) ANNUAL INCREASES IN BOARD OF IMMIGRATION

22 APPEALS PERSONNEL.—The Attorney General shall in23 crease the number of Board of Immigration Appeals staff 

24 attorneys (including the necessary additional support staff) 

25 to efficiently process cases by at least— 


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1 (1) 30 in fiscal year 2014; 

2 (2) 30 in fiscal year 2015; and 

3 (3) 30 in fiscal year 2016. 

4 (d) FUNDING.—There shall be appropriated, from the 

5 Comprehensive Immigration Reform Trust Fund estab6 lished under section 6(a)(1), such sums as may be necessary 

7 to carry out this section. 

8 SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY 

9 AND REDUCING COSTS BY INCREASING AC10 CESS TO LEGAL INFORMATION. 

11 (a) CLARIFICATION REGARDING THE AUTHORITY OF

12 THE ATTORNEY GENERAL TO APPOINT COUNSEL TO

13 ALIENS IN IMMIGRATION PROCEEDINGS.—Section 292 (8 

14 U.S.C. 1362) is amended— 

15 (1) by inserting ‘‘(a)’’ before ‘‘In any’’; 

16 (2) by striking ‘‘(at no expense to the Govern17 ment)’’; 

18 (3) by striking ‘‘he shall’’ and inserting ‘‘the per19 son shall’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(b) The Government is not required to provide counsel 

22 to aliens under subsection (a). However, the Attorney Gen23 eral may, in the Attorney General’s sole and unreviewable 

24 discretion, appoint or provide counsel to aliens in immigra25 tion proceedings conducted under section 240 of this Act.’’. 


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1 (b) APPOINTMENT OF COUNSEL IN CERTAIN CASES; 

2 RIGHT TO REVIEW CERTAIN DOCUMENTS IN REMOVAL

3 PROCEEDINGS.—Section 240(b) (8 U.S.C. 1229a(b)) is 

4 amended— 

5 (1) in paragraph (4)— 

6 (A) by redesignating subparagraphs (B) 

7 and (C) as subparagraphs (C) and (D), respec8 tively; 

9 (B) in subparagraph (A), by striking ‘‘, at 

10 no expense to the Government,’’; 

11 (C) by inserting after subparagraph (A) the 

12 following new subparagraph: 

13 ‘‘(B) the alien shall, at the beginning of the 

14 proceedings or at a reasonable time thereafter, 

15 automatically receive a complete copy of all rel16 evant documents in the possession of the Depart17 ment of Homeland Security, including all docu18 ments (other than documents protected from dis19 closure by privilege, including national security 

20 information referenced in subparagraph (C), law 

21 enforcement sensitive information, and informa22 tion prohibited from disclosure pursuant to any 

23 other provision of law) contained in the file 

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1 ing the alien during the immigration process 

2 (commonly referred to as an ‘A-file’), and all 

3 documents pertaining to the alien that the De4 partment of Homeland Security has obtained or 

5 received from other government agencies, unless 

6 the alien waives the right to receive such docu7 ments by executing a knowing and voluntary 

8 waiver in a language that he or she understands 

9 fluently,’’; and 

10 (D) by adding at the end the following: 

11 ‘‘The Government is not required to provide counsel 

12 to aliens under this paragraph. However, the Attor13 ney General may, in the Attorney General’s sole and 

14 unreviewable discretion, appoint or provide counsel at 

15 government expense to aliens in immigration pro16 ceedings.’’; and 

17 (2) by adding at the end the following new para18 graph: 

19 ‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED

20 DOCUMENTS.—In the absence of a waiver under sub21 paragraph (B) of paragraph (4), a removal pro22 ceeding may not proceed until the alien has received 

23 the documents as required under such subpara24 graph.’’. 


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1 (c) APPOINTMENT OF COUNSEL FOR UNACCOMPANIED

2 ALIEN CHILDREN AND ALIENS WITH A SERIOUS MENTAL

3 DISABILITY.—Section 292 (8 U.S.C. 1362), as amended by 

4 subsection (a), is further amended by adding at the end the 

5 following: 

6 ‘‘(c) Notwithstanding subsection (b), the Attorney Gen7 eral shall appoint counsel, at the expense of the Government 

8 if necessary, to represent an alien in a removal proceeding 

9 who has been determined by the Secretary to be an unac10 companied alien child, is incompetent to represent himself 

11 or herself due to a serious mental disability that would be 

12 included in section 3(1) of the Americans with Disabilities 

13 Act of 1990 (42 U.S.C. 12102(1)), or is considered particu14 larly vulnerable when compared to other aliens in removal 

15 proceedings, such that the appointment of counsel is nec16 essary to help ensure fair resolution and efficient adjudica17 tion of the proceedings.’’. 

18 (d) FUNDING.—There shall be appropriated, from the 

19 Comprehensive Immigration Reform Trust Fund estab20 lished under section 6(a)(1), such sums as may be necessary 

21 to carry out this section and the amendments made by this 

22 section. 

23 SEC. 3503. OFFICE OF LEGAL ACCESS PROGRAMS. 

24 (a) ESTABLISHMENT OF OFFICE OF LEGAL ACCESS

25 PROGRAMS.—The Attorney General shall maintain, within 


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1 the Executive Office for Immigration Review, an Office of 

2 Legal Access Programs to develop and administer a system 

3 of legal orientation programs to make immigration pro4 ceedings more efficient and cost effective by educating aliens 

5 regarding administrative procedures and legal rights under 

6 United States immigration law and to establish other pro7 grams to assist in providing aliens access to legal informa8 tion. 

9 (b) LEGAL ORIENTATION PROGRAMS.—The legal ori10 entation programs— 

11 (1) shall provide programs to assist detained 

12 aliens in making informed and timely decisions re13 garding their removal and eligibility for relief from 

14 removal in order to increase efficiency and reduce 

15 costs in immigration proceedings and Federal custody 

16 processes and to improve access to counsel and other 

17 legal services; 

18 (2) may provide services to detained aliens in 

19 immigration proceedings under sections 235, 238, 

20 240, and 241(a)(5) of the Immigration and Nation21 ality Act (8 U.S.C. 1225, 1228, 1229a, and 

22 1231(a)(5)) and to other aliens in immigration and 

23 asylum proceedings under sections 235, 238, and 240 

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

25 1225, 1228, and 1229a); and 


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1 (3) shall identify unaccompanied alien children, 

2 aliens with a serious mental disability, and other 

3 particularly vulnerable aliens for consideration by the 

4 Attorney General pursuant to section 292(c) of the 

5 Immigration and Nationality Act, as added by sec6 tion 3502(c). 

7 (c) PROCEDURES.—The Secretary, in consultation 

8 with the Attorney General, shall establish procedures that 

9 ensure that legal orientation programs are available for all 

10 detained aliens within 5 days of arrival into custody and 

11 to inform such aliens of the basic procedures of immigration 

12 hearings, their rights relating to those hearings under the 

13 immigration laws, information that may deter such aliens 

14 from filing frivolous legal claims, and any other informa15 tion deemed appropriate by the Attorney General, such as 

16 a contact list of potential legal resources and providers. 

17 (d) RULE OF CONSTRUCTION.—Nothing in this sub18 section shall be construed to create any substantive or proce19 dural right or benefit that is legally enforceable by any 

20 party against the United States or its agencies or officers 

21 or any other person. 

22 (e) FUNDING.—There shall be appropriated, from the 

23 Comprehensive Immigration Reform Trust Fund estab24 lished under section 6(a)(1), such sums as may be necessary 

25 to carry out this section. 


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1 SEC. 3504. CODIFYING BOARD OF IMMIGRATION APPEALS. 

2 (a) DEFINITION OF BOARD MEMBER.—Section 101(a) 

3 (8 U.S.C. 1101(a)) is amended by adding at the end the 

4 following: 

5 ‘‘(53) The term ‘Board Member’ means an attor6 ney whom the Attorney General appoints to serve on 

7 the Board of Immigration Appeals within the Execu8 tive Office of Immigration Review, and is qualified to 

9 review decisions of immigration judges and other 

10 matters within the jurisdiction of the Board of Immi11 gration Appeals.’’. 

12 (b) BOARD OF IMMIGRATION APPEALS.—Section 

13 240(a)(1) (8 U.S.C. 1229a(a)(1)) is amended by adding at 

14 the end the following: ‘‘The Board of Immigration Appeals 

15 and its Board Members shall review decisions of immigra16 tion judges under this section.’’. 

17 (c) APPEALS.—Section 240(b)(4) (8 U.S.C. 

18 1229a(b)(4)), as amended by section 3502(b), is further 

19 amended— 

20 (1) in subparagraph (B), by striking ‘‘, and’’ 

21 and inserting a semicolon; 

22 (2) in subparagraph (C), by striking the period 

23 and inserting ‘‘; and’’; and 

24 (3) by inserting after subparagraph (C) the fol25 lowing: 


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1 ‘‘(D) the alien or the Department of Home2 land Security may appeal the immigration 

3 judge’s decision to a 3-judge panel of the Board 

4 of Immigration Appeals.’’. 

5 (d) DECISION AND BURDEN OF PROOF.—Section 

6 240(c)(1)(A) (8 U.S.C. 1229a(c)(1)(A)) is amended to read 

7 as follows: 

8 ‘‘(A) IN GENERAL.—At the conclusion of the 

9 proceeding, the immigration judge shall decide 

10 whether an alien is removable from the United 

11 States. The determination of the immigration 

12 judge shall be based only on the evidence pro13 duced at the hearing. On appeal, the Board of 

14 Immigration Appeals shall issue a written opin15 ion. The opinion shall address all dispositive ar16 guments raised by the parties. The panel may 

17 incorporate by reference the opinion of the immi18 gration judge whose decision is being reviewed, 

19 provided that the panel also addresses any argu20 ments made by the nonprevailing party regard21 ing purported errors of law, fact, or discretion.’’. 

22 SEC. 3505. IMPROVED TRAINING FOR IMMIGRATION 

23 JUDGES AND BOARD MEMBERS. 

24 (a) IN GENERAL.—Section 240 (8 U.S.C. 1229a) is 

25 amended by adding at the end the following: 


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1 ‘‘(f) IMPROVED TRAINING.— 

2 ‘‘(1) IMPROVED TRAINING FOR IMMIGRATION

3 JUDGES AND BOARD MEMBERS.— 

4 ‘‘(A) IN GENERAL.—In consultation with 

5 the Attorney General and the Director of the 

6 Federal Judicial Center, the Director of the Ex7 ecutive Office for Immigration Review shall re8 view and modify, as appropriate, training pro9 grams for immigration judges and Board Mem10 bers. 

11 ‘‘(B) ELEMENTS OF REVIEW.—Each such 

12 review shall study— 

13 ‘‘(i) the expansion of the training pro14 gram for new immigration judges and 

15 Board Members; 

16 ‘‘(ii) continuing education regarding 

17 current developments in the field of immi18 gration law; and 

19 ‘‘(iii) methods to ensure that immigra20 tion judges are trained on properly crafting 

21 and dictating decisions. 

22 ‘‘(2) IMPROVED TRAINING AND GUIDANCE FOR

23 STAFF.—The Director of the Executive Office for Im24 migration Review shall— 


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1 ‘‘(A) modify guidance and training regard2 ing screening standards and standards of review; 

3 and 

4 ‘‘(B) ensure that Board Members provide 

5 staff attorneys with appropriate guidance in 

6 drafting decisions in individual cases, consistent 

7 with the policies and directives of the Director of 

8 the Executive Office for Immigration Review and 

9 the Chairman of the Board of Immigration Ap10 peals.’’. 

11 (b) FUNDING.—There shall be appropriated, from the 

12 Comprehensive Immigration Reform Trust Fund estab13 lished under section 6(a)(1), such sums as may be necessary 

14 to carry out this section and the amendment made by this 

15 section. 

16 SEC. 3506. IMPROVED RESOURCES AND TECHNOLOGY FOR 

17 IMMIGRATION COURTS AND BOARD OF IMMI18 GRATION APPEALS. 

19 (a) IMPROVED ON-BENCH REFERENCE MATERIALS

20 AND DECISION TEMPLATES.—The Director of the Executive 

21 Office for Immigration Review shall ensure that immigra22 tion judges are provided with updated reference materials 

23 and standard decision templates that conform to the law 

24 of the circuits in which they sit. 


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1 (b) PRACTICE MANUAL.—The Director of the Executive 

2 Office for Immigration Review shall produce a practice 

3 manual describing best practices for the immigration courts 

4 and shall make such manual available electronically to 

5 counsel and litigants who appear before the immigration 

6 courts. 

7 (c) RECORDING SYSTEM AND OTHER TECH8 NOLOGIES.— 

9 (1) PLAN REQUIRED.—The Director of the Exec10 utive Office for Immigration Review shall provide the 

11 Attorney General with a plan and a schedule to re12 place the immigration courts’ tape recording system 

13 with a digital recording system that is compatible 

14 with the information management systems of the Ex15 ecutive Office for Immigration Review. 

16 (2) AUDIO RECORDING SYSTEM.—Consistent with 

17 the plan described in paragraph (1), the Director 

18 shall pilot a digital audio recording system not later 

19 than 1 year after the enactment of this Act, and shall 

20 begin nationwide implementation of that system as 

21 soon as practicable. 

22 (d) IMPROVED TRANSCRIPTION SERVICES.—Not later 

23 than 1 year after the enactment of this Act, the Director 

24 of the Executive Office for Immigration Review shall report 

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1 ices utilized by the Office and recommend improvements to 

2 this system regarding quality and timeliness of tran3 scription. 

4 (e) IMPROVED INTERPRETER SELECTION.—Not later 

5 than 1 year after the enactment of this Act, the Director 

6 of the Executive Office for Immigration Review shall report 

7 to the Attorney General on the current interpreter selection 

8 process utilized by the Office and recommend improvements 

9 to this process regarding screening, hiring, certification, 

10 and evaluation of staff and contract interpreters. 

11 (f) FUNDING.—There shall be appropriated, from the 

12 Comprehensive Immigration Reform Trust Fund estab13 lished under section 6(a)(1), such sums as may be necessary 

14 to carry out this section. 

15 SEC. 3507. TRANSFER OF RESPONSIBILITY FOR TRAF16 FICKING PROTECTIONS. 

17 (a) TRANSFER OF RESPONSIBILITY.— 

18 (1) IN GENERAL.—All unexpended balances ap19 propriated or otherwise available to the Department 

20 of Health and Human Services and its Office of Ref21 ugee Resettlement in connection with the functions 

22 provided for in paragraphs (5) and (6) of section 

23 235(c) of the William Wilberforce Trafficking Victims 

24 Protection Reauthorization Act of 2008 (8 U.S.C. 

25 1232(c)), shall, subject to section 202 of the Budget 


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1 and Accounting Procedures Act of 1950, be trans2 ferred to the Department of Justice. Funds transferred 

3 pursuant to this paragraph shall remain available 

4 until expended and shall be used only for the purposes 

5 for which the funds were originally authorized and 

6 appropriated. 

7 (2) CONTRACT AUTHORITY.—The Attorney Gen8 eral may award grants to, and enter into contracts 

9 to carry out the functions set forth in paragraphs (5) 

10 and (6) of Section 235(c) of the William Wilberforce 

11 Trafficking Victims Protection Reauthorization Act of 

12 2008. 

13 (b) CONFORMING AMENDMENTS.—Section 235(c) of the 

14 William Wilberforce Trafficking Victims Protection Reau15 thorization Act of 2008 (8 U.S.C. 1232(c)) is amended— 

16 (1) in paragraph (5)— 

17 (A) by striking ‘‘Secretary of Health and 

18 Human Services’’ each place it appears and in19 serting ‘‘Attorney General’’; and 

20 (B) by striking the last sentence; and 

21 (2) in paragraph (6)— 

22 (A) by striking ‘‘Secretary of Health and 

23 Human Services’’ each place it appears and in24 serting ‘‘Attorney General’’; 


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1 (B) in subparagraphs (B)(ii), (D), and (F), 

2 by striking ‘‘Secretary’’ each place it appears 

3 and inserting ‘‘Attorney General’’; and 

4 (C) in subparagraph (F), by striking ‘‘and 

5 Human Services’’. 

6 Subtitle F—Prevention of Traf7 ficking in Persons and Abuses 

8 Involving Workers Recruited 

9 Abroad 

10 SEC. 3601. DEFINITIONS. 

11 (a) IN GENERAL.—Except as otherwise provided by 

12 this subtitle, the terms used in this subtitle shall have the 

13 same meanings, respectively, as are given those terms in 

14 section 3 of the Fair Labor Standards Act of 1938 (29 

15 U.S.C. 203). 

16 (b) OTHER DEFINITIONS.— 

17 (1) FOREIGN LABOR CONTRACTOR.—The term 

18 ‘‘foreign labor contractor’’ means any person who per19 forms foreign labor contracting activity, including 

20 any person who performs foreign labor contracting 

21 activity wholly outside of the United States, except 

22 that the term does not include any entity of the 

23 United States Government. 

24 (2) FOREIGN LABOR CONTRACTING ACTIVITY.— 

25 The term ‘‘foreign labor contracting activity’’ means 


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1 recruiting, soliciting, or related activities with respect 

2 to an individual who resides outside of the United 

3 States in furtherance of employment in the United 

4 States, including when such activity occurs wholly 

5 outside of the United States. 

6 (3) PERSON.—The term ‘‘person’’ means any 

7 natural person or any corporation, company, firm, 

8 partnership, joint stock company or association or 

9 other organization or entity (whether organized under 

10 law or not), including municipal corporations. 

11 (4) WORKER.—the term ‘‘worker’’ means an in12 dividual or exchange visitor who is the subject of for13 eign labor contracting activity. 

14 SEC. 3602. DISCLOSURE. 

15 (a) REQUIREMENT FOR DISCLOSURE.—Any person 

16 who engages in foreign labor contracting activity shall as17 certain and disclose in writing in English and in the pri18 mary language of the worker at the time of the worker’s 

19 recruitment, the following information: 

20 (1) The identity and address of the employer and 

21 the identity and address of the person conducting the 

22 recruiting on behalf of the employer, including any 

23 subcontractor or agent involved in such recruiting. 

24 (2) All assurances and terms and conditions of 

25 employment, from the prospective employer for whom 


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1 the worker is being recruited, including the work 

2 hours, level of compensation to be paid, the place and 

3 period of employment, a description of the type and 

4 nature of employment activities, any withholdings or 

5 deductions from compensation and any penalties for 

6 terminating employment. 

7 (3) A signed copy of the work contract between 

8 the worker and the employer. 

9 (4) The type of visa under which the foreign 

10 worker is to be employed, the length of time for which 

11 the visa will be valid, the terms and conditions under 

12 which the visa may be renewed, and a clear statement 

13 of any expenses associated with securing or renewing 

14 the visa. 

15 (5) An itemized list of any costs or expenses to 

16 be charged to the worker and any deductions to be 

17 taken from wages, including any costs for housing or 

18 accommodation, transportation to and from the work19 site, meals, health insurance, workers’ compensation, 

20 costs of benefits provided, medical examinations, 

21 healthcare, tools, or safety equipment costs. 

22 (6) The existence of any labor organizing effort, 

23 strike, lockout, or other labor dispute at the place of 

24 employment. 


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1 (7) Whether and the extent to which workers will 

2 be compensated through workers’ compensation, pri3 vate insurance, or otherwise for injuries or death, in4 cluding work-related injuries and death, during the 

5 period of employment and, if so, the name of the 

6 State workers’ compensation insurance carrier or the 

7 name of the policyholder of the private insurance, the 

8 name and the telephone number of each person who 

9 must be notified of an injury or death, and the time 

10 period within which such notice must be given. 

11 (8) A statement, in a form specified by the Sec12 retary— 

13 (A) stating that— 

14 (i) no foreign labor contractor, agent, 

15 or employee of a foreign labor contractor, 

16 may lawfully assess any fee (including visa 

17 fees, processing fees, transportation fees, 

18 legal expenses, placement fees, and other 

19 costs) to a worker for any foreign labor con20 tracting activity; and 

21 (ii) the employer may bear such costs 

22 or fees for the foreign labor contractor, but 

23 that these fees cannot be passed along to the 

24 worker; 

25 (B) explaining that— 


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1 (i) no additional significant require2 ments or changes may be made to the origi3 nal contract signed by the worker without 

4 at least 24 hours to consider such changes 

5 and the specific consent of the worker, ob6 tained voluntarily and without threat of 

7 penalty; and 

8 (ii) any significant changes made to 

9 the original contract that do not comply 

10 with clause (i) shall be a violation of this 

11 subtitle and be subject to the provisions of 

12 section 3610 of this Act; and 

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, includ18 ing— 

19 (i) relevant information about the pro20 cedure for filing a complaint provided for 

21 in section 3610; 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— 

3 (A) the nature, timing, and cost of such 

4 training; 

5 (B) the person who will pay such costs; 

6 (C) whether the training is a condition of 

7 employment, continued employment, or future 

8 employment; and 

9 (D) whether the worker will be paid or re10 munerated during the training period, including 

11 the rate of pay. 

12 (b) RELATIONSHIP TO LABOR AND EMPLOYMENT

13 LAWS.—Nothing in the disclosure required by subsection (a) 

14 shall constitute a legal conclusion as to the worker’s status 

15 or rights under the labor and employment laws. 

16 (c) PROHIBITION ON FALSE AND MISLEADING INFOR17 MATION.—No foreign labor contractor or employer who en18 gages in any foreign labor contracting activity shall know19 ingly provide materially false or misleading information to 

20 any worker concerning any matter required to be disclosed 

21 under subsection (a). The disclosure required by this section 

22 is a document concerning the proper administration of a 

23 matter within the jurisdiction of a department or agency 

24 of the United States for the purposes of section 1519 of title 

25 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 hire, 

4 discharge, intimidate, threaten, restrain, coerce, or blacklist 

5 any individual or otherwise discriminate against an indi6 vidual with respect to compensation, terms, conditions, or 

7 privileges of employment, because of such individual’s race, 

8 color, creed, sex, national origin, religion, age, or disability. 

9 (b) DETERMINATIONS OF DISCRIMINATION.—For the 

10 purposes of determining the existence of unlawful discrimi11 nation under subsection (a)— 

12 (1) in the case of a claim of discrimination 

13 based on race, color, creed, sex, national origin, or re14 ligion, the same legal standards shall apply as are 

15 applicable under title VII of the Civil Rights Act of 

16 1964 (42 U.S.C. 2000e et seq.); 

17 (2) in the case of a claim of discrimination 

18 based on unlawful discrimination based on age, the 

19 same legal standards shall apply as are applicable 

20 under the Age Discrimination in Employment Act of 

21 1967 (29 U.S.C. 621 et seq.); and 

22 (3) in the case of a claim of discrimination 

23 based on disability, the same legal standards shall 

24 apply as are applicable under title I of the Americans 

25 With Disabilities Act of 1990 (42 U.S.C. 12111 et 

26 seq.). 


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1 SEC. 3604. RECRUITMENT FEES. 

2 No employer, foreign labor contractor, or agent or em3 ployee of a foreign labor contractor, shall assess any fee (in4 cluding visa fees, processing fees, transportation fees, legal 

5 expenses, placement fees, and other costs) to a worker for 

6 any foreign labor contracting activity. 

7 SEC. 3605. REGISTRATION. 

8 (a) REQUIREMENT TO REGISTER.— 

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

10 prior to engaging in any foreign labor contracting ac11 tivity, any person who is a foreign labor contractor 

12 or who, for any money or other valuable consideration 

13 paid or promised to be paid, performs a foreign labor 

14 contracting activity on behalf of a foreign labor con15 tractor, shall obtain a certificate of registration from 

16 the Secretary of Labor pursuant to regulations pro17 mulgated by the Secretary under subsection (c). 

18 (2) EXCEPTION FOR CERTAIN EMPLOYERS.—An 

19 employer, or employee of an employer, who engages in 

20 foreign labor contracting activity solely to find em21 ployees for that employer’s own use, and without the 

22 participation of any other foreign labor contractor, 

23 shall not be required to register under this section. 

24 (b) NOTIFICATION.— 

25 (1) ANNUAL EMPLOYER NOTIFICATION.—Each 

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1 quently than once every year, of the identity of any 

2 foreign labor contractor involved in any foreign labor 

3 contracting activity for, or on behalf of, the employer, 

4 including at a minimum, the name and address of 

5 the foreign labor contractor, a description of the serv6 ices for which the foreign labor contractor is being 

7 used, whether the foreign labor contractor is to receive 

8 any economic compensation for the services, and, if 

9 so, the identity of the person or entity who is paying 

10 for the services. 

11 (2) ANNUAL FOREIGN LABOR CONTRACTOR NOTI12 FICATION.—Each foreign labor contractor shall notify 

13 the Secretary, not less frequently than once every 

14 year, of the identity of any subcontractee, agent, or 

15 foreign labor contractor employee involved in any for16 eign labor contracting activity for, or on behalf of, the 

17 foreign labor contractor. 

18 (3) NONCOMPLIANCE NOTIFICATION.—An em19 ployer shall notify the Secretary of the identity of a 

20 foreign labor contractor whose activities do not com21 ply with this subtitle. 

22 (4) AGREEMENT.—Not later than 7 days after 

23 receiving a request from the Secretary, an employer 

24 shall provide the Secretary with the identity of any 


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1 foreign labor contractor with which the employer has 

2 a contract or other agreement. 

3 (c) REGULATIONS.—Not later than 180 days after the 

4 date of the enactment of this Act, the Secretary shall pro5 mulgate regulations to establish an efficient electronic proc6 ess for the timely investigation and approval of an applica7 tion for a certificate of registration of foreign labor contrac8 tors, including— 

9 (1) a declaration, subscribed and sworn to by the 

10 applicant, stating the applicant’s permanent place of 

11 residence, the foreign labor contracting activities for 

12 which the certificate is requested, and such other rel13 evant information as the Secretary may require; 

14 (2) a set of fingerprints of the applicant; 

15 (3) an expeditious means to update registrations 

16 and renew certificates; 

17 (4) providing for the consent of any foreign labor 

18 recruiter to the designation by a court of the Sec19 retary as an agent available to accept service of sum20 mons in any action against the applicant, if the ap21 plicant has left the jurisdiction in which the action 

22 is commenced, otherwise has become unavailable to 

23 accept service, or is subject to personal jurisdiction in 

24 no State; 


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1 (5) providing for the consent of any foreign labor 

2 recruiter to jurisdiction in the Department or any 

3 Federal or State court in the United States for any 

4 action brought by any aggrieved individual or work5 er; 

6 (6) providing for cooperation in any investiga7 tion by the Secretary or other appropriate authorities; 

8 (7) providing for consent to the forfeiture of the 

9 bond for failure to cooperate with these provisions; 

10 (8) providing for consent to be liable for viola11 tions of this subtitle by any agents or subcontractees 

12 of any level in relation to the foreign labor con13 tracting activity of the agent or subcontractee to the 

14 same extent as if the foreign labor contractor had 

15 committed the violation; and 

16 (9) providing for consultation with other appro17 priate Federal agencies to determine whether any rea18 son exists to deny registration to a foreign labor con19 tractor. 

20 (d) TERM OF REGISTRATION.—Unless suspended or re21 voked, a certificate under this section shall be valid for 2 

22 years. 

23 (e) APPLICATION FEE.— 

24 (1) REQUIREMENT FOR FEE.—In addition to 

25 any other fees authorized by law, the Secretary shall 


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1 impose a fee, to be deposited in the general fund of 

2 the Treasury, on a foreign labor contractor that sub3 mits an application for a certificate of registration 

4 under this section. 

5 (2) AMOUNT OF FEE.—The amount of the fee re6 quired by paragraph (1) shall be set at a level that 

7 the Secretary determines sufficient to cover the full 

8 costs of carrying out foreign labor contract registra9 tion activities under this subtitle, including worker 

10 education and any additional costs associated with 

11 the administration of the fees collected. 

12 (f) REFUSAL TO ISSUE; REVOCATION.—In accordance 

13 with regulations promulgated by the Secretary, the Sec14 retary shall refuse to issue or renew, or shall revoke and 

15 debar from eligibility to obtain a certificate of registration 

16 for a period of not greater than 5 years, after notice and 

17 an opportunity for a hearing, a certificate of registration 

18 under this section if— 

19 (1) the applicant for, or holder of, the certifi20 cation has knowingly made a material misrepresenta21 tion in the application for such certificate; 

22 (2) the applicant for, or holder of, the certifi23 cation is not the real party in interest in the applica24 tion or certificate of registration and the real party 

25 in interest— 


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1 (A) is a person who has been refused 

2 issuance or renewal of a certificate; 

3 (B) has had a certificate revoked; or 

4 (C) does not qualify for a certificate under 

5 this section; 

6 (3) the applicant for, or holder of, the certifi7 cation has been convicted within the preceding 5 

8 years of— 

9 (A) any felony under State or Federal law 

10 or crime involving robbery, bribery, extortion, 

11 embezzlement, grand larceny, burglary, arson, 

12 violation of narcotics laws, murder, rape, assault 

13 with intent to kill, assault which inflicts grievous 

14 bodily injury, prostitution, peonage, or smug15 gling or harboring individuals who have entered 

16 the United States illegally; or 

17 (B) any crime relating to gambling, or to 

18 the sale, distribution or possession of alcoholic 

19 beverages, in connection with or incident to any 

20 labor contracting activities; or 

21 (4) the applicant for, or holder of, the certifi22 cation has materially failed to comply with this sec23 tion. 

24 (g) RE-REGISTRATION OF VIOLATORS.—The Secretary 

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1 tractor that has had its registration revoked under sub2 section (f) may seek to re-register under this subsection by 

3 demonstrating to the Secretary’s satisfaction that the for4 eign labor contractor has not violated this subtitle in the 

5 previous 5 years and that the foreign labor contractor has 

6 taken sufficient steps to prevent future violations of this 

7 subtitle. 

8 SEC. 3606. BONDING REQUIREMENT. 

9 (a) IN GENERAL.—The Secretary shall require a for10 eign labor contractor to post a bond in an amount sufficient 

11 to ensure the ability of the foreign labor contractor to dis12 charge its responsibilities and to ensure protection of work13 ers, including wages. 

14 (b) REGULATIONS.—The Secretary, by regulation, 

15 shall establish the conditions under which the bond amount 

16 is determined, paid, and forfeited. 

17 (c) RELATIONSHIP TO OTHER REMEDIES.—The bond 

18 requirements and forfeiture of the bond under this section 

19 shall be in addition to other remedies under 3610 or any 

20 other law. 

21 SEC. 3607. MAINTENANCE OF LISTS. 

22 (a) IN GENERAL.—The Secretary shall maintain— 

23 (1) a list of all foreign labor contractors reg24 istered under this subsection, including— 


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1 (A) the countries from which the contractors 

2 recruit; 

3 (B) the employers for whom the contractors 

4 recruit; 

5 (C) the visa categories and occupations for 

6 which the contractors recruit; and 

7 (D) the States where recruited workers are 

8 employed; and 

9 (2) a list of all foreign labor contractors whose 

10 certificate of registration the Secretary has revoked. 

11 (b) UPDATES; AVAILABILITY.—The Secretary shall— 

12 (1) update the lists required by subsection (a) on 

13 an ongoing basis, not less frequently than every 6 

14 months; and 

15 (2) make such lists publicly available, including 

16 through continuous publication on Internet websites 

17 and in written form at and on the websites of United 

18 States embassies in the official language of that coun19 try. 

20 (c) INTER-AGENCY AVAILABILITY.—The Secretary 

21 shall share the information described in subsection (a) with 

22 the Secretary of State. 


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1 SEC. 3608. AMENDMENT TO THE IMMIGRATION AND NA2 TIONALITY ACT. 

3 Section 214 (8 U.S.C. 1184) is amended by adding 

4 at the end the following: 

5 ‘‘(s) A visa shall not be issued under the subparagraph 

6 (A)(iii), (B)(i) (but only for domestic servants described in 

7 clause (i) or (ii) of section 274a.12(c)(17) of title 8, Code 

8 of Federal Regulations (as in effect on December 4, 2007)), 

9 (G)(v), (H), (J), (L), (Q), (R), or (W) of section 101(a)(15) 

10 until the consular officer— 

11 ‘‘(1) has provided to and reviewed with the ap12 plicant, in the applicant’s language (or a language 

13 the applicant understands), a copy of the information 

14 and resources pamphlet required by section 202 of the 

15 William Wilberforce Trafficking Victims Protection 

16 Reauthorization Act of 2008 (8 U.S.C. 1375b); and 

17 ‘‘(2) has reviewed and made a part of the visa 

18 file the foreign labor recruiter disclosures required by 

19 section 3602 of the Border Security, Economic Oppor20 tunity, and Immigration Modernization Act, includ21 ing whether the foreign labor recruiter is registered 

22 pursuant to that section.’’. 

23 SEC. 3609. RESPONSIBILITIES OF SECRETARY OF STATE. 

24 (a) IN GENERAL.—The Secretary of State shall ensure 

25 that each United States diplomatic mission has a person 


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1 who shall be responsible for receiving information from any 

2 worker who has been subject to violations of this subtitle. 

3 (b) PROVISION OF INFORMATION.—The responsible 

4 person referred to in subsection (a) shall ensure that the 

5 information received is provided to the Department of Jus6 tice, the Department of Labor, or any other relevant Federal 

7 agency. 

8 (c) MECHANISMS.—The Attorney General and the Sec9 retary shall ensure that there is a mechanism for any ac10 tions that need to be taken in response to information re11 ceived under subsection (a). 

12 (d) ASSISTANCE FROM FOREIGN GOVERNMENT.—The 

13 person designated for receiving information pursuant to 

14 subsection (a) is strongly encouraged to coordinate with 

15 governments and civil society organizations in the countries 

16 of origin to ensure the worker receives additional support. 

17 (e) MAINTENANCE AND AVAILABILITY OF INFORMA18 TION.—The Secretary of State shall ensure that consulates 

19 maintain information regarding the identities of foreign 

20 labor contractors and the employers to whom the foreign 

21 labor contractors supply workers. The Secretary of State 

22 shall make such information publicly available in written 

23 form and online, including on the websites of United States 

24 embassies in the official language of that country. 


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1 (f) ANNUAL PUBLIC DISCLOSE.—The Secretary of 

2 State shall make publicly available online, on an annual 

3 basis, data disclosing the gender, country of origin and 

4 state, if available, date of birth, wage, level of training, and 

5 occupation category, disaggregated by job and by visa cat6 egory and subcategory. 

7 SEC. 3610. ENFORCEMENT PROVISIONS. 

8 (a) COMPLAINTS AND INVESTIGATIONS.—The Sec9 retary— 

10 (1) shall establish a process for the receipt, inves11 tigation, and disposition of complaints filed by any 

12 person, including complaints respecting a foreign 

13 labor contractor’s compliance with this subtitle; and 

14 (2) either pursuant to the process required by 

15 paragraph (1) or otherwise, may investigate employ16 ers or foreign labor contractors, including actions oc17 curring in a foreign country, as necessary to deter18 mine compliance with this subtitle. 

19 (b) ENFORCEMENT.— 

20 (1) IN GENERAL.—A worker who believes that he 

21 or she has suffered a violation of this subtitle may 

22 seek relief from an employer by— 

23 (A) filing a complaint with the Secretary 

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1 tion occurred or date on which the employee be2 came aware of the violation; or 

3 (B) if the Secretary has not issued a final 

4 decision within 120 days of the filing of the com5 plaint and there is no showing that such delay 

6 is due to the bad faith of the claimant, bringing 

7 an action at law or equity for de novo review in 

8 the appropriate district court of the United 

9 States, which shall have jurisdiction over such 

10 an action without regard to the amount in con11 troversy. 

12 (2) PROCEDURE.— 

13 (A) IN GENERAL.—Unless otherwise pro14 vided herein, a complaint under paragraph 

15 (1)(A) shall be governed under the rules and pro16 cedures set forth in paragraphs (1) and (2)(A) of 

17 section 42121(b) of title 49, United States Code. 

18 (B) EXCEPTION.—Notification of a com19 plaint under paragraph (1)(A) shall be made to 

20 each person or entity named in the complaint as 

21 a defendant and to the employer. 

22 (C) STATUTE OF LIMITATIONS.—An action 

23 filed in a district court of the United States 

24 under paragraph (1)(B) shall be commenced not 


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1 later than 180 days after the last day of the 120- 

2 day period referred to in that paragraph. 

3 (D) JURY TRIAL.—A party to an action 

4 brought under paragraph (1)(B) shall be entitled 

5 to trial by jury. 

6 (c) ADMINISTRATIVE ENFORCEMENT.— 

7 (1) IN GENERAL.—If the Secretary finds, after 

8 notice and an opportunity for a hearing, any foreign 

9 labor contractor or employer failed to comply with 

10 any of the requirements of this subtitle, the Secretary 

11 may impose the following against such contractor or 

12 employer— 

13 (A) a fine in an amount not more than 

14 $10,000 per violation; and 

15 (B) upon the occasion of a third violation 

16 or a failure to comply with representations, a 

17 fine of not more than $25,000 per violation. 

18 (d) AUTHORITY TO ENSURE COMPLIANCE.—The Sec19 retary is authorized to take other such actions, including 

20 issuing subpoenas and seeking appropriate injunctive relief 

21 and recovery of damages, as may be necessary to assure 

22 compliance with the terms and conditions of this subtitle. 

23 (e) BONDING.—Pursuant to the bonding requirement 

24 in section 3606, bond liquidation and forfeitures shall be 


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1 in addition to other remedies under this section or any 

2 other law. 

3 (f) CIVIL ACTION.— 

4 (1) IN GENERAL.—The Secretary or any person 

5 aggrieved by a violation of this subtitle may bring a 

6 civil action against any foreign labor contractor that 

7 does not meet the requirements under subsection 

8 (g)(2) in any court of competent jurisdiction— 

9 (A) to seek remedial action, including in10 junctive relief; 

11 (B) to recover damages on behalf of any 

12 worker harmed by a violation of this subsection; 

13 and 

14 (C) to ensure compliance with requirements 

15 of this section. 

16 (2) ACTIONS BY THE SECRETARY OF HOMELAND

17 SECURITY.— 

18 (A) SUMS RECOVERED.—Any sums recov19 ered by the Secretary on behalf of a worker 

20 under paragraph (1) or through liquidation of 

21 the bond held pursuant to section 3606 shall be 

22 held in a special deposit account and shall be 

23 paid, on order of the Secretary, directly to each 

24 worker affected. Any such sums not paid to a 

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1 riod of 5 years shall be credited as an offsetting 

2 collection to the appropriations account of the 

3 Secretary for expenses for the administration of 

4 this section and shall remain available to the 

5 Secretary until expended or may be used for en6 forcement of the laws within the jurisdiction of 

7 the wage and hour division or may be trans8 ferred to the Secretary of Health and Human 

9 Services for the purpose of providing support to 

10 programs that provide assistance to victims of 

11 trafficking in persons or other exploited persons. 

12 The Secretary shall work with any attorney or 

13 organization representing workers to locate work14 ers owed sums under this section. 

15 (B) REPRESENTATION.—Except as provided 

16 in section 518(a) of title 28, United States Code, 

17 the Attorney General may appear for and rep18 resent the Secretary in any civil litigation 

19 brought under this paragraph. All such litigation 

20 shall be subject to the direction and control of the 

21 Attorney General. 

22 (3) ACTIONS BY INDIVIDUALS.— 

23 (A) AWARD.—If the court finds in a civil 

24 action filed by an individual under this section 

25 that the defendant has violated any provision of 


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1 this subtitle (or any regulation issued pursuant 

2 to this subtitle), the court may award— 

3 (i) damages, up to and including an 

4 amount equal to the amount of actual dam5 ages, and statutory damages of up to $1,000 

6 per plaintiff per violation, or other equi7 table relief, except that with respect to stat8 utory damages— 

9 (I) multiple infractions of a single 

10 provision of this subtitle (or of a regu11 lation under this subtitle) shall con12 stitute only 1 violation for purposes of 

13 section 3602(a) to determine the 

14 amount of statutory damages due a 

15 plaintiff; and 

16 (II) if such complaint is certified 

17 as a class action the court may 

18 award— 

19 (aa) damages up to an 

20 amount equal to the amount of 

21 actual damages; and 

22 (bb) statutory damages of not 

23 more than the lesser of up to 

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1 lation, or up to $500,000; and 

2 other equitable relief; 

3 (ii) reasonable attorneys’ fees and 

4 costs; and 

5 (iii) such other and further relief, in6 cluding declaratory and injunctive relief, as 

7 necessary to effectuate the purposes of this 

8 subtitle. 

9 (B) CRITERIA.—In determining the amount 

10 of statutory damages to be awarded under sub11 paragraph (A), the court is authorized to con12 sider whether an attempt was made to resolve the 

13 issues in dispute before the resort to litigation. 

14 (C) BOND.—To satisfy the damages, fees, 

15 and costs found owing under this clause, the Sec16 retary shall release as much of the bond held 

17 pursuant to section 3606 as necessary. 

18 (D) APPEAL.—Any civil action brought 

19 under this section shall be subject to appeal as 

20 provided in chapter 83 of title 28, United States 

21 Code (28 U.S.C. 1291 et seq.). 

22 (E) ACCESS TO LEGAL SERVICES CORPORA23 TION.—Notwithstanding any other provision of 

24 law, the Legal Services Corporation and recipi25 ents of its funding may provide legal assistance 


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1 on behalf of any alien with respect to any provi2 sion of this subtitle. 

3 (g) AGENCY LIABILITY.— 

4 (1) IN GENERAL.—Beginning 180 days after the 

5 Secretary has promulgated regulations pursuant to 

6 section 3605(c), an employer who retains the services 

7 of a foreign labor contractor shall only use those for8 eign labor contractors who are registered under sec9 tion 3605. 

10 (2) SAFE HARBOR.—An employer shall not have 

11 any liability under this section if the employer hires 

12 workers referred by a foreign labor contractor that has 

13 a valid registration with the Department pursuant to 

14 section 3604. 

15 (3) LIABILITY FOR AGENTS.—Foreign labor con16 tractors shall be subject to the provisions of this sec17 tion for violations committed by the foreign labor con18 tractor’s agents or subcontractees of any level in rela19 tion to their foreign labor contracting activity to the 

20 same extent as if the foreign labor contractor had 

21 committed the violation. 

22 (h) RETALIATION.— 

23 (1) IN GENERAL.—No person shall intimidate, 

24 threaten, restrain, coerce, discharge, or in any other 

25 manner discriminate or retaliate against any worker 


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1 or their family members (including a former em2 ployee or an applicant for employment) because such 

3 worker disclosed information to any person that the 

4 worker reasonably believes evidences a violation of 

5 this section (or any rule or regulation pertaining to 

6 this section), including seeking legal assistance of 

7 counsel or cooperating with an investigation or other 

8 proceeding concerning compliance with this section 

9 (or any rule or regulation pertaining to this section). 

10 (2) ENFORCEMENT.—An individual who is sub11 ject to any conduct described in paragraph (1) may, 

12 in a civil action, recover appropriate relief, including 

13 reasonable attorneys’ fees and costs, with respect to 

14 that violation. Any civil action under this subpara15 graph shall be stayed during the pendency of any 

16 criminal action arising out of the violation. 

17 (i) WAIVER OF RIGHTS.—Agreements by employees 

18 purporting to waive or to modify their rights under this 

19 subtitle shall be void as contrary to public policy. 

20 (j) PRESENCE DURING PENDENCY OF ACTIONS.— 

21 (1) IN GENERAL.—If other immigration relief is 

22 not available, the Attorney General and the Secretary 

23 shall grant advance parole to permit a nonimmigrant 

24 to remain legally in the United States for time suffi25 cient to fully and effectively participate in all legal 


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1 proceedings related to any action taken pursuant to 

2 this section. 

3 (2) REGULATIONS.—Not later than 180 days 

4 after the date of the enactment of this Act, the Sec5 retary shall promulgate regulations to carry out 

6 paragraph (1). 

7 SEC. 3611. DETECTING AND PREVENTING CHILD TRAF8 FICKING. 

9 The Secretary shall mandate the live training of all 

10 U.S. Customs and Border Protection personnel who are 

11 likely to come into contact with unaccompanied alien chil12 dren. Such training shall incorporate the services of child 

13 welfare professionals with expertise in culturally competent, 

14 trauma-centered, and developmentally appropriate inter15 viewing skills to assist U.S. Customs and Border Protection 

16 in the screening of children attempting to enter the United 

17 States. 

18 SEC. 3612. PROTECTING CHILD TRAFFICKING VICTIMS. 

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

20 ‘‘Child Trafficking Victims Protection Act’’. 

21 (b) DEFINED TERM.—In this section, the term ‘‘unac22 companied alien children’’ has the meaning given such term 

23 in section 462 of the Homeland Security Act of 2002 (6 

24 U.S.C. 279). 


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1 (c) CARE AND TRANSPORTATION.—Notwithstanding 

2 any other provision of law, the Secretary shall ensure that 

3 all unaccompanied alien children who will undergo any im4 migration proceedings before the Department or the Execu5 tive Office for Immigration Review are duly transported 

6 and placed in the care and legal and physical custody of 

7 the Office of Refugee Resettlement not later than 72 hours 

8 after their apprehension absent exceptional circumstances, 

9 including a natural disaster or comparable emergency be10 yond the control of the Secretary or the Office of Refugee 

11 Resettlement. The Secretary, to the extent practicable, shall 

12 ensure that female officers are continuously present during 

13 the transfer and transport of female detainees who are in 

14 the custody of the Department. 

15 (d) QUALIFIED RESOURCES.— 

16 (1) IN GENERAL.—The Secretary shall provide 

17 adequately trained and qualified staff and resources, 

18 including the accommodation of child welfare offi19 cials, in accordance with subsection (e), at U.S. Cus20 toms and Border Protection ports of entry and sta21 tions. 

22 (2) CHILD WELFARE PROFESSIONALS.—The Sec23 retary of Health and Human Services, in consulta24 tion with the Secretary, shall hire, on a full- or part25 time basis, child welfare professionals who will proVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01531 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 vide assistance, either in person or by other appro2 priate methods of communication, in not fewer than 

3 7 of the U.S. Customs and Border Protection offices 

4 or stations with the largest number of unaccompanied 

5 alien child apprehensions in the previous fiscal year. 

6 (e) CHILD WELFARE PROFESSIONALS.— 

7 (1) IN GENERAL.—The Secretary, in consultation 

8 with the Secretary of Health and Human Services, 

9 shall ensure that qualified child welfare professionals 

10 with expertise in culturally competent, trauma-cen11 tered, and developmentally appropriate interviewing 

12 skills are available at each major port of entry de13 scribed in subsection (d). 

14 (2) DUTIES.—Child welfare professionals de15 scribed in paragraph (1) shall— 

16 (A) develop guidelines for treatment of un17 accompanied alien children in the custody of the 

18 Department; 

19 (B) conduct screening of all unaccompanied 

20 alien children in accordance with section 

21 235(a)(4) of the William Wilberforce Trafficking 

22 Victims Protection Reauthorization Act of 2008 

23 (8 U.S.C. 1232(a)(4)); 

24 (C) notify the Department and the Office of 

25 Refugee Resettlement of children that potentially 


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1 meet the notification and transfer requirements 

2 set forth in subsections (a) and (b) of section 235 

3 of such Act (8 U.S.C. 1232); 

4 (D) interview adult relatives accompanying 

5 unaccompanied alien children; 

6 (E) provide an initial family relationship 

7 and trafficking assessment and recommendations 

8 regarding unaccompanied alien children’s initial 

9 placements to the Office of Refugee Resettlement, 

10 which shall be conducted in accordance with the 

11 time frame set forth in subsections (a)(4) and 

12 (b)(3) of section 235 of such Act (8 U.S.C. 1232); 

13 and 

14 (F) ensure that each unaccompanied alien 

15 child in the custody of U.S. Customs and Border 

16 Protection— 

17 (i) receives emergency medical care 

18 when necessary; 

19 (ii) receives emergency medical and 

20 mental health care that complies with the 

21 standards adopted pursuant to section 8(c) 

22 of the Prison Rape Elimination Act of 2003 

23 (42 U.S.C. 15607(c)) whenever necessary, 

24 including in cases in which a child is at 

25 risk to harm himself, herself, or others; 


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1 (iii) is provided with climate appro2 priate clothing, shoes, basic personal hy3 giene and sanitary products, a pillow, lin4 ens, and sufficient blankets to rest at a com5 fortable temperature; 

6 (iv) receives adequate nutrition; 

7 (v) enjoys a safe and sanitary living 

8 environment; 

9 (vi) has access to daily recreational 

10 programs and activities if held for a period 

11 longer than 24 hours; 

12 (vii) has access to legal services and 

13 consular officials; and 

14 (viii) is permitted to make supervised 

15 phone calls to family members. 

16 (3) FINAL DETERMINATIONS.—The Office of Ref17 ugee Resettlement in accordance with applicable poli18 cies and procedures for sponsors, shall submit final 

19 determinations on family relationships to the Sec20 retary, who shall consider such adult relatives for 

21 community-based support alternatives to detention. 

22 (4) REPORT.—Not later than 18 months after the 

23 date of the enactment of this Act, and annually there24 after, the Secretary shall submit a report to Congress 

25 that— 


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1 (A) describes the screening procedures used 

2 by the child welfare professionals to screen unac3 companied alien children; 

4 (B) assesses the effectiveness of such 

5 screenings; and 

6 (C) includes data on all unaccompanied 

7 alien children who were screened by child welfare 

8 professionals; 

9 (f) IMMEDIATE NOTIFICATION.—The Secretary shall 

10 notify the Office of Refugee Resettlement of an unaccom11 panied alien child in the custody of the Department as soon 

12 as practicable, but generally not later than 48 hours after 

13 the Department encounters the child, to effectively and effi14 ciently coordinate the child’s transfer to and placement with 

15 the Office of Refugee Resettlement. 

16 (g) NOTICE OF RIGHTS AND RIGHT TO ACCESS TO

17 COUNSEL.— 

18 (1) IN GENERAL.—The Secretary shall ensure 

19 that all unaccompanied alien children, upon appre20 hension, are provided— 

21 (A) an interview and screening with a child 

22 welfare professional described in subsection 

23 (e)(1); and 


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1 (B) an orientation and oral and written 

2 notice of their rights under the Immigration and 

3 Nationality Act, including— 

4 (i) their right to relief from removal; 

5 (ii) their right to confer with counsel 

6 (as guaranteed under section 292 of such 

7 Act (8 U.S.C. 1362)), family, or friends 

8 while in the temporary custody of the De9 partment; and 

10 (iii) relevant complaint mechanisms to 

11 report any abuse or misconduct they may 

12 have experienced. 

13 (2) LANGUAGES.—The Secretary shall ensure 

14 that— 

15 (A) the video orientation and written notice 

16 of rights described in paragraph (1) is available 

17 in English and in the 5 most common native 

18 languages spoken by the unaccompanied children 

19 held in custody at that location during the pre20 ceding fiscal year; and 

21 (B) the oral notice of rights is available in 

22 English and in the most common native lan23 guage spoken by the unaccompanied children 

24 held in custody at that location during the pre25 ceding fiscal year. 


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1 (h) CONFIDENTIALITY.—The Secretary of Health and 

2 Human Services shall maintain the privacy and confiden3 tiality of all information gathered in the course of pro4 viding care, custody, placement, and follow-up services to 

5 unaccompanied alien children, consistent with the best in6 terest of the unaccompanied alien child, by not disclosing 

7 such information to other government agencies or non8 parental third parties unless such disclosure is— 

9 (1) recorded in writing and placed in the child’s 

10 file; 

11 (2) in the child’s best interest; and 

12 (3)(A) authorized by the child or by an approved 

13 sponsor in accordance with section 235 of the William 

14 Wilberforce Trafficking Victims Protection Reauthor15 ization Act of 2008 (8 U.S.C. 1232) and the Health 

16 Insurance Portability and Accountability Act (Public 

17 Law 104–191); or 

18 (B) provided to a duly recognized law enforce19 ment entity to prevent imminent and serious harm to 

20 another individual. 

21 (i) OTHER POLICIES AND PROCEDURES.—The Sec22 retary shall adopt fundamental child protection policies 

23 and procedures— 

24 (1) for reliable age determinations of children, 

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1 fare experts, which exclude the use of fallible forensic 

2 testing of children’s bone and teeth; 

3 (2) to utilize all legal authorities to defer the 

4 child’s removal if the child faces a risk of life-threat5 ening harm upon return including due to the child’s 

6 mental health or medical condition; and 

7 (3) to ensure, in accordance with the Juvenile 

8 Justice and Delinquency Prevention Act of 1974 (42 

9 U.S.C. 5601 et seq.), that unaccompanied alien chil10 dren, while in detention, are— 

11 (A) physically separated from any adult 

12 who is not an immediate family member; and 

13 (B) separated from— 

14 (i) immigration detainees and inmates 

15 with criminal convictions; 

16 (ii) pretrial inmates facing criminal 

17 prosecution; and 

18 (iii) inmates exhibiting violent behav19 ior. 

20 (j) REPATRIATION AND REINTEGRATION PROGRAM.— 

21 (1) IN GENERAL.—The Administrator of the 

22 United States Agency for International Development, 

23 in conjunction with the Secretary, the Secretary of 

24 Health and Human Services, the Attorney General, 

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1 ganizations in the United States with expertise in re2 patriation and reintegration, shall create a multi3 year program to develop and implement best practices 

4 and sustainable programs in the United States and 

5 within the country of return to ensure the safe and 

6 sustainable repatriation and reintegration of unac7 companied alien children into their country of na8 tionality or of last habitual residence, including 

9 placement with their families, legal guardians, or 

10 other sponsoring agencies. 

11 (2) REPORT ON REPATRIATION AND REINTEGRA12 TION OF UNACCOMPANIED ALIEN CHILDREN.—Not 

13 later than 18 months after the date of the enactment 

14 of this Act, and annually thereafter, the Adminis15 trator of the Agency for International Development 

16 shall submit a substantive report to the Committee on 

17 the Judiciary of the Senate and the Committee on the 

18 Judiciary of the House of Representatives on efforts 

19 to improve repatriation and reintegration programs 

20 for unaccompanied alien children. 

21 (k) TRANSFER OF FUNDS.— 

22 (1) AUTHORIZATION.—The Secretary, in accord23 ance with a written agreement between the Secretary 

24 and the Secretary of Health and Human Services, 

25 shall transfer such amounts as may be necessary to 


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1 carry out the duties described in subsection (f)(2) 

2 from amounts appropriated for U.S. Customs and 

3 Border Protection to the Department of Health and 

4 Human Services. 

5 (2) REPORT.—Not later than 15 days before any 

6 proposed transfer under paragraph (1), the Secretary 

7 of Health and Human Services, in consultation with 

8 the Secretary, shall submit a detailed expenditure 

9 plan that describes the actions proposed to be taken 

10 with amounts transferred under such paragraph to— 

11 (A) the Committee on Appropriations of the 

12 Senate; and 

13 (B) the Committee on Appropriations of the 

14 House of Representatives. 

15 SEC. 3613. RULE OF CONSTRUCTION. 

16 Nothing in this subtitle shall be construed to preempt 

17 or alter any other rights or remedies, including any causes 

18 of action, available under any other Federal or State law. 

19 SEC. 3614. REGULATIONS. 

20 The Secretary shall, in consultation with the Secretary 

21 of Labor, prescribe regulations to implement this subtitle 

22 and to develop policies and procedures to enforce the provi23 sions of this subtitle. 


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1 Subtitle G—Interior Enforcement 

2 SEC. 3701. CRIMINAL STREET GANGS. 

3 (a) INADMISSIBILITY.—Section 212(a)(2) (8 U.S.C. 

4 1182(a)(2)) is amended by inserting after subparagraph (I) 

5 the following: 

6 ‘‘(J) ALIENS IN CRIMINAL STREET GANGS.— 

7 ‘‘(i) IN GENERAL.—Any alien is inad8 missible— 

9 ‘‘(I) who has been convicted of an 

10 offense for which an element was active 

11 participation in a criminal street gang 

12 (as defined in section 521(a) of title 

13 18, United States Code) and the 

14 alien— 

15 ‘‘(aa) had knowledge that the 

16 gang’s members engaged in or 

17 have engaged in a continuing se18 ries of offenses described in section 

19 521(c) of title 18, United States 

20 Code; and 

21 ‘‘(bb) acted with the inten22 tion to promote or further the felo23 nious activities of the criminal 

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1 crease his or her position in the 

2 gang; or 

3 ‘‘(II) subject to clause (ii), who is 

4 18 years of age or older, who is phys5 ically present outside the United 

6 States, whom the Secretary determines 

7 by clear and convincing evidence, 

8 based upon law enforcement informa9 tion deemed credible by the Secretary, 

10 has, since the age of 18, knowingly and 

11 willingly participated in a criminal 

12 street gang with knowledge that such 

13 participation promoted or furthered 

14 the illegal activity of the gang. 

15 ‘‘(ii) WAIVER.—The Secretary may 

16 waive clause (i)(II) if the alien has re17 nounced all association with the criminal 

18 street gang, is otherwise admissible, and is 

19 not a threat to the security of the United 

20 States.’’. 

21 (b) GROUNDS FOR DEPORTATION.—Section 237(a)(2) 

22 (8 U.S.C. 1227(a)(2)) is amended by adding at the end the 

23 following: 

24 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

25 STREET GANGS.—Any alien is removable who 


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1 has been convicted of an offense for which an ele2 ment was active participation in a criminal 

3 street gang (as defined in section 521(a) of title 

4 18, United States Code), and the alien— 

5 ‘‘(i) had knowledge that the gang’s 

6 members engaged in or have engaged in a 

7 continuing series of offenses described in 

8 section 521(c) of title 18, United States 

9 Code; and 

10 ‘‘(ii) acted with the intention to pro11 mote or further the felonious activities the 

12 criminal street gang or increase his or her 

13 position in such gang.’’. 

14 (c) GROUND OF INELIGIBILITY FOR REGISTERED PRO15 VISIONAL IMMIGRANT STATUS.— 

16 (1) IN GENERAL.—An alien who is 18 years of 

17 age or older is ineligible for registered provisional im18 migrant status if the Secretary determines that the 

19 alien— 

20 (A) has been convicted of an offense for 

21 which an element was active participation in a 

22 criminal street gang (as defined in section 

23 521(a) of title 18, United States Code, and the 

24 alien— 


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1 (i) had knowledge that the gang’s mem2 bers engaged in or have engaged in a con3 tinuing series of offenses described in section 

4 521(c) of title 18, United States Code; and 

5 (ii) acted with the intention to promote 

6 or further the felonious activities of the 

7 criminal street gang or maintain or in8 crease his or her position in such gang; or 

9 (B) subject to paragraph (2), any alien who 

10 is 18 years of age or older whom the Secretary 

11 determines by clear and convincing evidence, 

12 based upon law enforcement information deemed 

13 credible by the Secretary, has, since the age of 

14 18, knowingly and willingly participated in a 

15 such gang with knowledge that such participa16 tion promoted or furthered the illegal activity of 

17 such gang. 

18 (2) WAIVER.—The Secretary may waive the ap19 plication of paragraph (1)(B) if the alien has re20 nounced all association with the criminal street gang, 

21 is otherwise admissible, and is not a threat to the se22 curity of the United States. 


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1 SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE 

2 UNITED STATES. 

3 (a) GROUNDS FOR INADMISSIBILITY.—Section 

4 212(a)(2) (8 U.S.C. 1182(a)(2)), as amended by section 

5 3701(a), is further amended— 

6 (1) by redesignating subparagraph (F) as sub7 paragraph (L); and 

8 (2) by inserting after subparagraph (E) the fol9 lowing: 

10 ‘‘(F) HABITUAL DRUNK DRIVERS.—An alien 

11 convicted of 3 or more offenses for driving under 

12 the influence or driving while intoxicated on sep13 arate dates is inadmissible.’’. 

14 (b) GROUNDS FOR DEPORTATION.—Section 237(a)(2) 

15 (8 U.S.C. 1227(a)(2)), as amended by section 3701(b), is 

16 further amended by adding at the end the following: 

17 ‘‘(H) HABITUAL DRUNK DRIVERS.—An 

18 alien convicted of 3 or more offenses for driving 

19 under the influence or driving while intoxicated, 

20 at least 1 of which occurred after the date of the 

21 enactment of the Border Security, Economic Op22 portunity, and Immigration Modernization Act, 

23 is deportable.’’. 

24 (c) IN GENERAL.— 

25 (1) AGGRAVATED FELONY.—Section 

26 101(a)(43)(F) (8 U.S.C. 1101(a)(43)(F)) is amended 


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1 by striking ‘‘for which the term of imprisonment’’ and 

2 inserting ‘‘, including a third drunk driving convic3 tion, for which the term of imprisonment is’’. 

4 (2) EFFECTIVE DATE AND APPLICATION.— 

5 (A) EFFECTIVE DATE.—The amendment 

6 made by paragraph (1) shall take effect on the 

7 date of the enactment of this Act. 

8 (B) APPLICATION.— 

9 (i) IN GENERAL.—Except as provided 

10 in subparagraph (ii), the amendment made 

11 by paragraph (1) shall apply to a convic12 tion for drunk driving that occurred before, 

13 on, or after such date of enactment. 

14 (ii) TWO OR MORE PRIOR CONVIC15 TIONS.—An alien who received 2 or more 

16 convictions for drunk driving before the date 

17 of the enactment of this Act may not be sub18 ject to removal for the commission of an ag19 gravated felony pursuant to section 

20 237(a)(2)(A)(iii) of the Immigration and 

21 Nationality Act (8 U.S.C. 

22 1227(a)(2)(A)(iii)) on the basis of such con23 victions until the date on which the alien is 

24 convicted of a drunk driving offense after 

25 such date of enactment. 


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1 SEC. 3703. SEXUAL ABUSE OF A MINOR. 

2 Section 101(a)(43)(A) (8 U.S.C. 1101(a)(43)(A)) is 

3 amended by striking ‘‘murder, rape, or sexual abuse of a 

4 minor;’’ and inserting ‘‘murder, rape, or sexual abuse of 

5 a minor, whether or not the minority of the victim is estab6 lished by evidence contained in the record of conviction or 

7 by credible evidence extrinsic to the record of conviction;’’. 

8 SEC. 3704. ILLEGAL ENTRY. 

9 (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is 

10 amended to read as follows: 

11 ‘‘SEC. 275. ILLEGAL ENTRY. 

12 ‘‘(a) IN GENERAL.— 

13 ‘‘(1) CRIMINAL OFFENSES.—An alien shall be 

14 subject to the penalties set forth in paragraph (2) if 

15 the alien— 

16 ‘‘(A) enters or crosses the border into the 

17 United States at any time or place other than as 

18 designated by the Secretary of Homeland Secu19 rity; 

20 ‘‘(B) eludes examination or inspection by 

21 an immigration officer, or a customs or agri22 culture inspection at a port of entry; or 

23 ‘‘(C) enters or crosses the border to the 

24 United States by means of a knowingly false or 

25 misleading representation or the concealment of 

26 a material fact. 


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1 ‘‘(2) CRIMINAL PENALTIES.—Any alien who vio2 lates any provision under paragraph (1)— 

3 ‘‘(A) shall, for the first violation, be fined 

4 under title 18, United States Code, imprisoned 

5 not more than 12 months, or both; 

6 ‘‘(B) shall, for a second or subsequent viola7 tion, or following an order of voluntary depar8 ture, be fined under such title, imprisoned not 

9 more than 3 years, or both; 

10 ‘‘(C) if the violation occurred after the alien 

11 had been convicted of 3 or more misdemeanors 

12 with the convictions occurring on different dates 

13 or of a felony for which the alien served a term 

14 of imprisonment of 15 days or more, shall be 

15 fined under such title, imprisoned not more than 

16 10 years, or both; and 

17 ‘‘(D) if the violation occurred after the alien 

18 had been convicted of a felony for which the alien 

19 was sentenced to a term of imprisonment of not 

20 less than 30 months, shall be fined under such 

21 title, imprisoned not more than 15 years, or 

22 both. 

23 ‘‘(3) PRIOR CONVICTIONS.—The prior convictions 

24 described in subparagraphs (C) and (D) of paragraph 

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1 graph and the penalties in such subparagraphs shall 

2 apply only in cases in which the conviction or convic3 tions that form the basis for the additional penalty 

4 are— 

5 ‘‘(A) alleged in the indictment or informa6 tion; and 

7 ‘‘(B) proven beyond a reasonable doubt at 

8 trial or admitted by the defendant under oath as 

9 part of a plea agreement. 

10 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PENALTIES.— 

11 Any alien older than 18 years of age who is apprehended 

12 while knowingly entering, attempting to enter, or crossing 

13 or attempting to cross the border to the United States at 

14 a time or place other than as designated by immigration 

15 officers shall be subject to a civil penalty, in addition to 

16 any criminal or other civil penalties that may be imposed 

17 under any other provision of law, in an amount equal to— 

18 ‘‘(1) not less than $250 or more than $5,000 for 

19 each such entry, crossing, attempted entry, or at20 tempted crossing; or 

21 ‘‘(2) twice the amount specified in paragraph (1) 

22 if the alien had previously been subject to a civil pen23 alty under this subsection. 

24 ‘‘(c) FRAUDULENT MARRIAGE.—An individual who 

25 knowingly enters into a marriage for the purpose of evading 


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1 any provision of the immigration laws shall be imprisoned 

2 for not more than 5 years, fined not more than $250,000, 

3 or both. 

4 ‘‘(d) COMMERCIAL ENTERPRISES.—Any individual 

5 who knowingly establishes a commercial enterprise for the 

6 purpose of evading any provision of the immigration laws 

7 shall be imprisoned for not more than 5 years, fined in ac8 cordance with title 18, United States Code, or both.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents is 

10 amended by striking the item relating to section 275 and 

11 inserting the following: 

‘‘Sec. 275. Illegal entry.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by this 

13 section shall take effect 1 year after the date of the enact14 ment 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 has 

20 been denied admission, excluded, deported, or removed, or 

21 who has departed the United States while an order of exclu22 sion, deportation, or removal is outstanding, and subse23 quently enters, attempts to enter, crosses the border to, at24 tempts to cross the border to, or is at any time found in 


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1 the United States, shall be fined under title 18, United 

2 States Code, and imprisoned not more than 2 years. 

3 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Notwith4 standing the penalty provided in subsection (a), if an alien 

5 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 impris10 oned 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 sentenced 

13 to a term of imprisonment of not less than 30 months, 

14 the alien shall be fined under such title, and impris15 oned 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 sentenced 

18 to a term of imprisonment of not less than 60 months, 

19 the alien shall be fined under such title, and impris20 oned not more than 20 years, or both; 

21 ‘‘(4) was convicted for 3 felonies, with the convic22 tions occurring on different dates before such removal 

23 or departure, the alien shall be fined under such title, 

24 and imprisoned not more than 20 years, or both; or 


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1 ‘‘(5) was convicted, before such removal or depar2 ture, for murder, rape, kidnapping, or a felony offense 

3 described in chapter 77 (relating to peonage and slav4 ery) or 113B (relating to terrorism) of such title, the 

5 alien shall be fined under such title, and imprisoned 

6 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, attempts 

10 to enter, crosses the border to, attempts to cross the border 

11 to, or is at any time found in the United States, shall be 

12 fined under title 18, United States Code, and imprisoned 

13 not more than 10 years, or both. 

14 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior con15 victions described in subsection (b) are elements of the of16 fenses described in that subsection, and the penalties in such 

17 subsection shall apply only in cases in which the conviction 

18 or convictions that form the basis for the additional penalty 

19 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 affirma2 tive 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 UNDER16 LYING DEPORTATION ORDER.—In a criminal proceeding 

17 under this section, an alien may not challenge the validity 

18 of the deportation order described in subsection (a) or sub19 section (c) unless the alien demonstrates that— 

20 ‘‘(1) the alien exhausted any administrative rem21 edies 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 removed 

5 pursuant to section 241(a)(4) who enters, attempts to enter, 

6 crosses the border to, attempts to cross the border to, or is 

7 at any time found in, the United States shall be incarcer8 ated for the remainder of the sentence of imprisonment 

9 which was pending at the time of deportation without any 

10 reduction for parole or supervised release unless the alien 

11 affirmatively demonstrates that the Secretary of Homeland 

12 Security has expressly consented to the alien’s reentry or 

13 the alien is prima facie eligible for protection from removal. 

14 Such alien shall be subject to such other penalties relating 

15 to the reentry of removed aliens as may be available under 

16 this section or any other provision of law. 

17 ‘‘(h) LIMITATION.—It is not aiding and abetting a vio18 lation of this section for an individual to provide an alien 

19 with emergency humanitarian assistance, including emer20 gency medical care and food, or to transport the alien to 

21 a location where such assistance can be rendered without 

22 compensation or the expectation of compensation. 

23 ‘‘(i) DEFINITIONS.—In this section: 

24 ‘‘(1) FELONY.—The term ‘felony’ means any 

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1 ment of more than 1 year under the laws of the 

2 United States, any State, or a foreign government. 

3 ‘‘(2) MISDEMEANOR.—The term ‘misdemeanor’ 

4 means any criminal offense punishable by a term of 

5 imprisonment of not more than 1 year under the ap6 plicable laws of the United States, any State, or a 

7 foreign government. 

8 ‘‘(3) REMOVAL.—The term ‘removal’ includes 

9 any denial of admission, exclusion, deportation, or re10 moval, or any agreement by which an alien stipulates 

11 or agrees to exclusion, deportation, or removal. 

12 ‘‘(4) STATE.—The term ‘State’ means a State of 

13 the United States, the District of Columbia, and any 

14 commonwealth, territory, or possession of the United 

15 States.’’. 

16 SEC. 3706. PENALTIES RELATING TO VESSELS AND AIR17 CRAFT. 

18 Section 243(c) (8 U.S.C. 1253(c)) is amended— 

19 (1) by striking ‘‘Attorney General’’ each place 

20 such term appears and inserting ‘‘Secretary of Home21 land Security’’; 

22 (2) by striking ‘‘Commissioner’’ each place such 

23 term appears and inserting ‘‘Secretary of Homeland 

24 Security’’; and 

25 (3) in paragraph (1)— 


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1 (A) in subparagraph (A), by striking 

2 ‘‘$2,000’’ and inserting ‘‘$5,000’’; 

3 (B) in subparagraph (B), by striking 

4 ‘‘$5,000’’ and inserting ‘‘$10,000’’; 

5 (C) by amending subparagraph (C) to read 

6 as follows: 

7 ‘‘(C) COMPROMISE.—The Secretary of 

8 Homeland Security, in the Secretary’s 

9 unreviewable discretion and upon the receipt of 

10 a written request, may mitigate the monetary 

11 penalties required under this subsection for each 

12 alien stowaway to an amount equal to not less 

13 than $2,000, upon such terms that the Secretary 

14 determines to be appropriate.’’; and 

15 (D) by inserting at the end the following: 

16 ‘‘(D) EXCEPTION.—A person, acting with17 out compensation or the expectation of com18 pensation, is not subject to penalties under this 

19 paragraph if the person is— 

20 ‘‘(i) providing, or attempting to pro21 vide, an alien with humanitarian assist22 ance, including emergency medical care or 

23 food or water; or 

24 ‘‘(ii) transporting the alien to a loca25 tion where such humanitarian assistance 


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1 can be rendered without compensation or 

2 the expectation of compensation.’’. 

3 SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

4 FRAUD OFFENSES. 

5 (a) TRAFFICKING IN PASSPORTS.—Section 1541 of 

6 title 18, United States Code, is amended to read as follows: 

7 ‘‘§ 1541. Trafficking in passports 

8 ‘‘(a) MULTIPLE PASSPORTS.—Subject to subsection 

9 (b), any person who, during any period of 3 years or less, 

10 knowingly— 

11 ‘‘(1) and without lawful authority produces, 

12 issues, or transfers 3 or more passports; 

13 ‘‘(2) forges, counterfeits, alters, or falsely makes 

14 3 or more passports; 

15 ‘‘(3) secures, possesses, uses, receives, buys, sells, 

16 or distributes 3 or more passports, knowing the pass17 ports to be forged, counterfeited, altered, falsely made, 

18 stolen, procured by fraud, or produced or issued with19 out lawful authority; or 

20 ‘‘(4) completes, mails, prepares, presents, signs, 

21 or submits 3 or more applications for a United States 

22 passport, knowing the applications to contain any 

23 materially false statement or representation, 

24 shall be fined under this title, imprisoned not more than 

25 20 years, or both. 


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1 ‘‘(b) USE IN A TERRORISM OFFENSE.—Any person 

2 who commits an offense described in subsection (a) to facili3 tate an act of international terrorism (as defined in section 

4 2331) shall be fined under this title, imprisoned not more 

5 than 25 years, or both. 

6 ‘‘(c) PASSPORT MATERIALS.—Any person who know7 ingly and without lawful authority produces, buys, sells, 

8 possesses, or uses any official material (or counterfeit of any 

9 official material) used to make 10 or more passports, in10 cluding any distinctive paper, seal, hologram, image, text, 

11 symbol, stamp, engraving, or plate, shall be fined under this 

12 title, imprisoned not more than 20 years, or both.’’. 

13 (b) FALSE STATEMENT IN AN APPLICATION FOR A

14 PASSPORTS.—Section 1542 of title 18, United States Code, 

15 is amended to read as follows: 

16 ‘‘§ 1542. False statement in an application for a pass17 port 

18 ‘‘(a) IN GENERAL.—Any person who knowingly makes 

19 any material false statement or representation in an appli20 cation for a United States passport, or mails, prepares, pre21 sents, or signs an application for a United States passport 

22 knowing the application to contain any material false 

23 statement or representation, shall be fined under this title, 

24 imprisoned not more than 25 years (if the offense was com25 mitted to facilitate an act of international terrorism (as 


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1 defined in section 2331 of this title)), 20 years (if the offense 

2 was committed to facilitate a drug trafficking crime (as de3 fined in section 929(a) of this title)), 15 years (in the case 

4 of any other offense), or both. 

5 ‘‘(b) VENUE.— 

6 ‘‘(1) IN GENERAL.—An offense under subsection 

7 (a) may be prosecuted in any district— 

8 ‘‘(A) in which the false statement or rep9 resentation was made or the application for a 

10 United States passport was prepared or signed; 

11 or 

12 ‘‘(B) in which or to which the application 

13 was mailed or presented. 

14 ‘‘(2) OFFENSES OUTSIDE THE UNITED STATES.— 

15 An offense under subsection (a) involving an applica16 tion prepared and adjudicated outside the United 

17 States may be prosecuted in the district in which the 

18 resultant passport was or would have been produced. 

19 ‘‘(c) SAVINGS CLAUSE.—Nothing in this section may 

20 be construed to limit the venue otherwise available under 

21 sections 3237 and 3238 of this title.’’. 

22 (c) MISUSE OF A PASSPORT.—Section 1544 of title 18, 

23 United States Code, is amended to read as follows: 

24 ‘‘§ 1544. Misuse of a passport 

25 ‘‘Any person who knowingly— 


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1 ‘‘(1) misuses or attempts to misuse for their own 

2 purposes any passport issued or designed for the use 

3 of another; 

4 ‘‘(2) uses or attempts to use any passport in vio5 lation of the laws, regulations, or rules governing the 

6 issuance and use of the passport; 

7 ‘‘(3) secures, possesses, uses, receives, buys, sells, 

8 or distributes or attempts to secure, possess, use, re9 ceive, buy, sell, or distribute any passport knowing 

10 the passport to be forged, counterfeited, altered, falsely 

11 made, procured by fraud, or produced or issued with12 out lawful authority; or 

13 ‘‘(4) substantially violates the terms and condi14 tions of any safe conduct duly obtained and issued 

15 under the authority of the United States, 

16 shall be fined under this title, imprisoned not more than 

17 25 years (if the offense was committed to facilitate an act 

18 of international terrorism (as defined in section 2331 of this 

19 title)), 20 years (if the offense was committed to facilitate 

20 a drug trafficking crime (as defined in section 929(a) of 

21 this title)), 15 years (in the case of any other offense), or 

22 both.’’. 

23 (d) SCHEMES TO PROVIDE FRAUDULENT IMMIGRA24 TION SERVICES.—Section 1545 of title 18, United States 

25 Code, is amended to read as follows: 


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1 ‘‘§ 1545. Schemes to provide fraudulent immigration 

2 services 

3 ‘‘(a) IN GENERAL.—Any person who knowingly exe4 cutes a scheme or artifice, in connection with any matter 

5 that is authorized by or arises under any Federal immigra6 tion law or any matter the offender claims or represents 

7 is authorized by or arises under any Federal immigration 

8 law, to— 

9 ‘‘(1) defraud any person; or 

10 ‘‘(2) obtain or receive money or anything else of 

11 value from any person by means of false or fraudu12 lent pretenses, representations, or promises, 

13 shall be fined under this title, imprisoned not more than 

14 10 years, or both. 

15 ‘‘(b) MISREPRESENTATION.—Any person who know16 ingly and falsely represents that such person is an attorney 

17 or an accredited representative (as that term is defined in 

18 section 1292.1 of title 8, Code of Federal Regulations (or 

19 any successor regulation)) in any matter arising under any 

20 Federal immigration law shall be fined under this title, im21 prisoned not more than 15 years, or both.’’. 

22 (e) IMMIGRATION AND VISA FRAUD.—Section 1546 of 

23 title 18, United States Code, is amended— 

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

25 follows: 


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1 ‘‘§ 1546. Immigration and visa fraud’’; 

2 (2) by redesignating subsection (b) as subsection 

3 (d); and 

4 (3) by inserting after subsection (a) the following 

5 new subsections: 

6 ‘‘(b) TRAFFICKING.—Any person who, during any pe7 riod of 3 years or less, knowingly— 

8 ‘‘(1) and without lawful authority produces, 

9 issues, or transfers 3 or more immigration documents; 

10 ‘‘(2) forges, counterfeits, alters, or falsely makes 

11 3 or more immigration documents; 

12 ‘‘(3) secures, possesses, uses, buys, sells, or dis13 tributes 3 or more immigration documents, knowing 

14 the immigration documents to be forged, counterfeited, 

15 altered, stolen, falsely made, procured by fraud, or 

16 produced or issued without lawful authority; or 

17 ‘‘(4) completes, mails, prepares, presents, signs, 

18 or submits 3 or more immigration documents know19 ing the documents to contain any materially false 

20 statement or representation, 

21 shall be fined under this title, imprisoned not more than 

22 20 years, or both. 

23 ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any per24 son who knowingly and without lawful authority produces, 

25 buys, sells, possesses, or uses any official material (or coun26 terfeit of any official material) used to make 10 or more 


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1 immigration documents, including any distinctive paper, 

2 seal, hologram, image, text, symbol, stamp, engraving, or 

3 plate, shall be fined under this title, imprisoned not more 

4 than 20 years, or both.’’. 

5 (f) ALTERNATIVE IMPRISONMENT MAXIMUM FOR CER6 TAIN OFFENSES.—Section 1547 of title 18, United States 

7 Code, is amended— 

8 (1) in the matter preceding paragraph (1), by 

9 striking ‘‘(other than an offense under section 1545)’’; 

10 (2) in paragraph (1), by striking ‘‘15’’ and in11 serting ‘‘20’’; and 

12 (3) in paragraph (2), by striking ‘‘20’’ and in13 serting ‘‘25’’. 

14 (g) AUTHORIZED LAW ENFORCEMENT ACTIVITIES.— 

15 Chapter 75 of title 18, United States Code, is amended by 

16 adding after section 1547 the following: 

17 ‘‘§ 1548. Authorized law enforcement activities 

18 ‘‘Nothing in this chapter may be construed to pro19 hibit— 

20 ‘‘(1) any lawfully authorized investigative, pro21 tective, or intelligence activity of a law enforcement 

22 agency of the United States, a State, or a political 

23 subdivision of a State, or an intelligence agency of the 

24 United States; or 


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1 ‘‘(2) any activity authorized under title V of the 

2 Organized Crime Control Act of 1970 (Public Law 

3 91–452; 84 Stat. 933).’’. 

4 (h) TABLE OF SECTIONS AMENDMENT.—The table of 

5 sections for chapter 75 of title 18, United States Code, is 

6 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.’’. 

7 SEC. 3708. COMBATING SCHEMES TO DEFRAUD ALIENS. 

8 (a) REGULATIONS, FORMS, AND PROCEDURES.—The 

9 Secretary and the Attorney General, for matters within 

10 their respective jurisdictions arising under the immigration 

11 laws, shall promulgate appropriate regulations, forms, and 

12 procedures defining the circumstances in which— 

13 (1) persons submitting applications, petitions, 

14 motions, or other written materials relating to immi15 gration benefits or relief from removal under the im16 migration laws will be required to identify who (other 

17 than immediate family members) assisted them in 

18 preparing or translating the immigration submis19 sions; and 

20 (2) any person or persons who received com21 pensation (other than a nominal fee for copying, 


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1 mailing, or similar services) in connection with the 

2 preparation, completion, or submission of such mate3 rials will be required to sign the form as a preparer 

4 and provide identifying information. 

5 (b) CIVIL INJUNCTIONS AGAINST IMMIGRATION SERV6 ICE PROVIDER.—The Attorney General may commence a 

7 civil action in the name of the United States to enjoin any 

8 immigration service provider from further engaging in any 

9 fraudulent conduct that substantially interferes with the 

10 proper administration of the immigration laws or who will11 fully misrepresents such provider’s legal authority to pro12 vide representation before the Department of Justice or the 

13 Department. 

14 (c) DEFINITIONS.—In this section: 

15 (1) IMMIGRATION LAWS.—The term ‘‘immigra16 tion laws’’ has the meaning given that term in section 

17 101(a)(17) of the Immigration and Nationality Act 

18 (8 U.S.C. 1101(a)(17)). 

19 (2) IMMIGRATION SERVICE PROVIDER.—The term 

20 ‘‘immigration service provider’’ means any indi21 vidual or entity (other than an attorney or individual 

22 otherwise authorized to provide representation in im23 migration proceedings as provided in Federal regula24 tion) who, for a fee or other compensation, provides 

25 any assistance or representation to aliens in relation 


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1 to any filing or proceeding relating to the alien which 

2 arises, or which the provider claims to arise, under 

3 the immigration laws, executive order, or presidential 

4 proclamation. 

5 SEC. 3709. INADMISSIBILITY AND REMOVAL FOR PASSPORT 

6 AND IMMIGRATION FRAUD OFFENSES. 

7 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8 

8 U.S.C. 1182(a)(2)(A)(i)) is amended— 

9 (1) in subclause (I), by striking ‘‘, or’’ at the end 

10 and inserting a semicolon; 

11 (2) in subclause (II), by striking the comma at 

12 the end and inserting ‘‘; or’’; and 

13 (3) by inserting after subclause (II) the fol14 lowing: 

15 ‘‘(III) a violation of section 1541, 

16 1545, and subsection (b) of section 

17 1546 of title 18, United States Code,’’. 

18 (b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 U.S.C. 

19 1227(a)(3)(B)(iii)) is amended to read as follows: 

20 ‘‘(iii) of a violation of section 1541, 

21 1545, and subsection (b) of section 1546 of 

22 title 18, United States Code,’’. 

23 (c) EFFECTIVE DATE.—The amendments made by sub24 sections (a) and (b) shall apply to proceedings pending on 


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1 or after the date of the enactment of this Act, with respect 

2 to conduct occurring on or after that date. 

3 SEC. 3710. DIRECTIVES RELATED TO PASSPORT AND DOCU4 MENT FRAUD. 

5 (a) DIRECTIVE TO THE UNITED STATES SENTENCING

6 COMMISSION.— 

7 (1) IN GENERAL.—Pursuant to the authority 

8 under section 994 of title 28, United States Code, the 

9 United States Sentencing Commission shall promul10 gate or amend the sentencing guidelines, policy state11 ments, and official commentaries, if appropriate, re12 lated to passport fraud offenses, including the offenses 

13 described in chapter 75 of title 18, United States 

14 Code, as amended by section 3707, to reflect the seri15 ous nature of such offenses. 

16 (2) REPORT.—Not later than 1 year after the 

17 date of the enactment of this Act, the United States 

18 Sentencing Commission shall submit a report on the 

19 implementation of this subsection to— 

20 (A) the Committee on the Judiciary of the 

21 Senate; and 

22 (B) the Committee on the Judiciary of the 

23 House of Representatives. 

24 (b) PROTECTION FOR LEGITIMATE REFUGEES AND

25 ASYLUM SEEKERS.— 


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1 (1) IN GENERAL.— 

2 (A) REQUIREMENT FOR GUIDELINES.—The 

3 Attorney General, in consultation with the Sec4 retary, shall develop binding prosecution guide5 lines for Federal prosecutors to ensure that each 

6 prosecution of an alien seeking entry into the 

7 United States by fraud is consistent with the 

8 United States treaty obligations under Article 

9 31(1) of the Convention Relating to the Status of 

10 Refugees, done at Geneva July 28, 1951 (as 

11 made applicable by the Protocol Relating to the 

12 Status of Refugees, done at New York January 

13 31, 1967 (19 UST 6223)). 

14 (B) NO PRIVATE RIGHT OF ACTION.—The 

15 guidelines developed pursuant to subparagraph 

16 (A), and any internal office procedures related to 

17 such guidelines— 

18 (i) are intended solely for the guidance 

19 of attorneys of the United States; and 

20 (ii) are not intended to, do not, and 

21 may not be relied upon to, create any right 

22 or benefit, substantive or procedural, en23 forceable at law by any party in any ad24 ministrative, civil, or criminal matter. 


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1 (2) PROTECTION OF VULNERABLE PERSONS.—A 

2 person described in paragraph (3) may not be pros3 ecuted under chapter 75 of title 18, United States 

4 Code, or under section 275 or 276 of the Immigration 

5 and Nationality Act (8 U.S.C. 1325 and 1326), in 

6 connection with the person’s entry or attempted entry 

7 into the United States until after the date on which 

8 the person’s application for such protection, classi9 fication, or status has been adjudicated and denied in 

10 accordance with the Immigration and Nationality 

11 Act (8 U.S.C. 1101 et seq.). 

12 (3) PERSONS SEEKING PROTECTION, CLASSIFICA13 TION, OR STATUS.—A person described in this para14 graph is a person who— 

15 (A) is seeking protection, classification, or 

16 status; and 

17 (B)(i) has filed an application for asylum 

18 under section 208 of the Immigration and Na19 tionality Act (8 U.S.C. 1158), withholding of re20 moval under section 241(b)(3) of such Act (8 

21 U.S.C. 1231(b)(3)), or relief under the Conven22 tion against Torture and Other Cruel, Inhuman 

23 or Degrading Treatment or Punishment, done at 

24 New York, December 10, 1994, pursuant to title 

25 8, Code of Federal Regulations; 


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1 (ii) indicates immediately after apprehen2 sion, that he or she intends to apply for such 

3 asylum, withholding of removal, or relief and 

4 promptly files the appropriate application; 

5 (iii) has been referred for a credible fear 

6 interview, a reasonable fear interview, or an asy7 lum-only hearing under section 235 of the Immi8 gration and Nationality Act (8 U.S.C. 1225) or 

9 part 208 of title 8, Code of Federal Regulations; 

10 or 

11 (iv) has filed an application for classifica12 tion or status under— 

13 (I) subparagraph (T) or (U) of para14 graph (15), paragraph (27)(J), or para15 graph (51) of section 101(a) of the Immi16 gration and Nationality Act (8 U.S.C. 

17 1101(a)); or 

18 (II) section 216(c)(4)(C) or 240A(b)(2) 

19 of such Act (8 U.S.C. 1186a(c)(4)(C) and 

20 1229b(b)(2)). 

21 SEC. 3711. INADMISSIBLE ALIENS. 

22 (a) DETERRING ALIENS ORDERED REMOVED FROM

23 REMAINING IN THE UNITED STATES UNLAWFULLY.—Sec24 tion 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended— 


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1 (1) in clause (i), by striking ‘‘seeks admission 

2 within 5 years of the date of such removal (or within 

3 20 years’’ and inserting ‘‘seeks admission not later 

4 than 5 years after the date of the alien’s removal (or 

5 not later than 20 years after the alien’s removal’’; 

6 and 

7 (2) in clause (ii), by striking ‘‘seeks admission 

8 within 10 years of the date of such alien’s departure 

9 or removal (or within 20 years of’’ and inserting 

10 ‘‘seeks admission not later than 10 years after the 

11 date of the alien’s departure or removal (or not later 

12 than 20 years after’’. 

13 (b) BIOMETRIC SCREENING.—Section 212 (8 U.S.C. 

14 1182) is amended— 

15 (1) in subsection (a)(7), by adding at the end the 

16 following: 

17 ‘‘(C) WITHHOLDING INFORMATION.—Except 

18 as provided in subsection (d)(2), any alien who 

19 willfully, through his or her own fault, refuses to 

20 comply with a lawful request for biometric infor21 mation is inadmissible.’’; and 

22 (2) in subsection (d), by inserting after para23 graph (1) the following: 


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1 ‘‘(2) The Secretary may waive the application of 

2 subsection (a)(7)(C) for an individual alien or a class 

3 of aliens.’’. 

4 (c) PRECLUDING ADMISSIBILITY OF ALIENS CON5 VICTED OF SERIOUS CRIMINAL OFFENSES AND DOMESTIC

6 VIOLENCE, STALKING, CHILD ABUSE, AND VIOLATION OF

7 PROTECTION ORDERS.— 

8 (1) INADMISSIBILITY ON CRIMINAL AND RELATED

9 GROUNDS; WAIVERS.—Section 212 (8 U.S.C. 1182), as 

10 amended by this Act, is further amended— 

11 (A) in subsection (a)(2), as amended by sec12 tions 3401 and 3402, is further amended by in13 serting after subparagraph (J) the following: 

14 ‘‘(K) CRIMES OF DOMESTIC VIOLENCE, 

15 STALKING, OR VIOLATION OF PROTECTIVE OR16 DERS; CRIMES AGAINST CHILDREN.— 

17 ‘‘(i) DOMESTIC VIOLENCE, STALKING, 

18 AND CHILD ABUSE.— 

19 ‘‘(I) IN GENERAL.—Any alien who 

20 has been convicted of a crime of domes21 tic violence, a crime of stalking, or a 

22 crime of child abuse, child neglect, or 

23 child abandonment, provided the alien 

24 served at least 1 year imprisonment for 

25 the crime, or provided the alien was 


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1 convicted of offenses constituting more 

2 than 1 such crime, not arising out of 

3 a single scheme of criminal mis4 conduct, is inadmissible. 

5 ‘‘(II) CRIME OF DOMESTIC VIO6 LENCE DEFINED.—In this clause, the 

7 term ‘crime of domestic violence’ means 

8 any crime of violence (as defined in 

9 section 16 of title 18, United States 

10 Code) against a person committed by a 

11 current or former spouse of the person, 

12 by an individual with whom the per13 son shares a child in common, by an 

14 individual who is cohabiting with or 

15 has cohabited with the person as a 

16 spouse, by an individual similarly sit17 uated to a spouse of the person under 

18 the domestic or family violence laws of 

19 the jurisdiction where the offense oc20 curs, or by any other individual 

21 against a person who is protected from 

22 that individual’s acts under the domes23 tic or family violence laws of the 

24 United States or any State, Indian 


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1 tribal government, or unit of local or 

2 foreign government. 

3 ‘‘(ii) VIOLATORS OF PROTECTION OR4 DERS.— 

5 ‘‘(I) IN GENERAL.—Any alien who 

6 at any time is enjoined under a protec7 tion order issued by a court and whom 

8 the court determines has engaged in 

9 conduct that constitutes criminal con10 tempt of the portion of a protection 

11 order that involves protection against 

12 credible threats of violence, repeated 

13 harassment, or bodily injury to the 

14 person or persons for whom the protec15 tion order was issued, is inadmissible. 

16 ‘‘(II) PROTECTION ORDER DE17 FINED.—In this clause, the term ‘pro18 tection order’ means any injunction 

19 issued for the purpose of preventing 

20 violent or threatening acts of domestic 

21 violence, including temporary or final 

22 orders issued by civil or criminal 

23 courts (other than support or child cus24 tody orders or provisions) whether ob25 tained by filing an independent action 


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1 or as an independent order in another 

2 proceeding. 

3 ‘‘(iii) APPLICABILITY.—This subpara4 graph shall not apply to an alien who has 

5 been battered or subjected to extreme cruelty 

6 and who is not and was not the primary 

7 perpetrator of violence in the relationship, 

8 upon a determination by the Attorney Gen9 eral or the Secretary of Homeland Security 

10 that— 

11 ‘‘(I) the alien was acting in self12 defense; 

13 ‘‘(II) the alien was found to have 

14 violated a protection order intended to 

15 protect the alien; or 

16 ‘‘(III) the alien committed, was 

17 arrested for, was convicted of, or pled 

18 guilty to committing a crime that did 

19 not result in serious bodily injury.’’; 

20 and 

21 (B) in subsection (h)— 

22 (i) by striking ‘‘The Attorney General 

23 may, in his discretion, waive the applica24 tion of subparagraphs (A)(i)(I), (B), (D), 

25 and (E) of subsection (a)(2)’’ and inserting 


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1 ‘‘The Attorney General or the Secretary of 

2 Homeland Security may waive the applica3 tion of subparagraphs (A)(i)(I), (B), (D), 

4 and (E) of subsection (a)(2)’’; and 

5 (ii) by inserting ‘‘or the Secretary of 

6 Homeland Security’’ after ‘‘the Attorney 

7 General’’ each place that term appears. 

8 (2) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall apply to any acts that oc10 curred on or after the date of the enactment of this 

11 Act. 

12 SEC. 3712. ORGANIZED AND ABUSIVE HUMAN SMUGGLING 

13 ACTIVITIES. 

14 (a) ENHANCED PENALTIES.— 

15 (1) IN GENERAL.—Title II (8 U.S.C. 1151 et 

16 seq.) is amended by adding at the end the following: 

17 ‘‘SEC. 295. ORGANIZED HUMAN SMUGGLING. 

18 ‘‘(a) PROHIBITED ACTIVITIES.—Whoever, while acting 

19 for profit or other financial gain, knowingly directs or par20 ticipates in an effort or scheme to assist or cause 5 or more 

21 persons (other than a parent, spouse, or child of the of22 fender)— 

23 ‘‘(1) to enter, attempt to enter, or prepare to 

24 enter the United States— 


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1 ‘‘(A) by fraud, falsehood, or other corrupt 

2 means; 

3 ‘‘(B) at any place other than a port or 

4 place of entry designated by the Secretary; or 

5 ‘‘(C) in a manner not prescribed by the im6 migration laws and regulations of the United 

7 States; or 

8 ‘‘(2) to travel by air, land, or sea toward the 

9 United States (whether directly or indirectly)— 

10 ‘‘(A) knowing that the persons seek to enter 

11 or attempt to enter the United States without 

12 lawful authority; and 

13 ‘‘(B) with the intent to aid or further such 

14 entry or attempted entry; or 

15 ‘‘(3) to be transported or moved outside of the 

16 United States— 

17 ‘‘(A) knowing that such persons are aliens 

18 in unlawful transit from 1 country to another or 

19 on the high seas; and 

20 ‘‘(B) under circumstances in which the per21 sons are in fact seeking to enter the United 

22 States without official permission or legal au23 thority; 

24 shall be punished as provided in subsection (c) or (d). 


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1 ‘‘(b) CONSPIRACY AND ATTEMPT.—Any person who at2 tempts or conspires to violate subsection (a) of this section 

3 shall be punished in the same manner as a person who com4 pletes a violation of such subsection. 

5 ‘‘(c) BASE PENALTY.—Except as provided in sub6 section (d), any person who violates subsection (a) or (b) 

7 shall be fined under title 18, imprisoned for not more than 

8 20 years, or both. 

9 ‘‘(d) ENHANCED PENALTIES.—Any person who vio10 lates subsection (a) or (b) shall— 

11 ‘‘(1) in the case of a violation during and in re12 lation to which a serious bodily injury (as defined in 

13 section 1365 of title 18) occurs to any person, be fined 

14 under title 18, imprisoned for not more than 30 

15 years, or both; 

16 ‘‘(2) in the case of a violation during and in re17 lation to which the life of any person is placed in 

18 jeopardy, be fined under title 18, imprisoned for not 

19 more than 30 years, or both; 

20 ‘‘(3) in the case of a violation involving 10 or 

21 more persons, be fined under title 18, imprisoned for 

22 not more than 30 years, or both; 

23 ‘‘(4) in the case of a violation involving the brib24 ery or corruption of a U.S. or foreign government ofVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01578 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 ficial, be fined under title 18, imprisoned for not 

2 more than 30 years, or both; 

3 ‘‘(5) in the case of a violation involving robbery 

4 or extortion (as those terms are defined in paragraph 

5 (1) or (2), respectively, of section 1951(b)) be fined 

6 under title 18, imprisoned for not more than 30 

7 years, or both; 

8 ‘‘(6) in the case of a violation during and in re9 lation to which any person is subjected to an involun10 tary sexual act (as defined in section 2246(2) of title 

11 18), be fined under title 18, imprisoned for not more 

12 than 30 years, or both; or 

13 ‘‘(7) in the case of a violation resulting in the 

14 death of any person, be fined under title 18, impris15 oned for any term of years or for life, or both. 

16 ‘‘(e) LAWFUL AUTHORITY DEFINED.— 

17 ‘‘(1) IN GENERAL.—In this section, the term 

18 ‘lawful authority’— 

19 ‘‘(A) means permission, authorization, or li20 cense that is expressly provided for in the immi21 gration laws of the United States or accom22 panying regulations; and 

23 ‘‘(B) does not include any such authority 

24 secured by fraud or otherwise obtained in violaVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01579 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 tion of law, nor does it include authority sought, 

2 but not approved. 

3 ‘‘(2) APPLICATION TO TRAVEL OR ENTRY.—No 

4 alien shall be deemed to have lawful authority to 

5 travel to or enter the United States if such travel or 

6 entry was, is, or would be in violation of law. 

7 ‘‘(f) EFFORT OR SCHEME.—For purposes of this sec8 tion, ‘effort or scheme to assist or cause 5 or more persons’ 

9 does not require that the 5 or more persons enter, attempt 

10 to enter, prepare to enter, or travel at the same time so 

11 long as the acts are completed within 1 year. 

12 ‘‘SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BOR13 DER, AND CUSTOMS CONTROLS. 

14 ‘‘(a) ILLICIT SPOTTING.—Whoever knowingly trans15 mits to another person the location, movement, or activities 

16 of any Federal, State, or tribal law enforcement agency 

17 with the intent to further a Federal crime relating to 

18 United States immigration, customs, controlled substances, 

19 agriculture, monetary instruments, or other border controls 

20 shall be fined under title 18, imprisoned not more than 10 

21 years, or both. 

22 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER CON23 TROLS.—Whoever knowingly and without lawful authoriza24 tion destroys, alters, or damages any fence, barrier, sensor, 

25 camera, or other physical or electronic device deployed by 


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1 the Federal Government to control the border or a port of 

2 entry or otherwise seeks to construct, excavate, or make any 

3 structure intended to defeat, circumvent or evade any such 

4 fence, barrier, sensor camera, or other physical or electronic 

5 device deployed by the Federal government to control the 

6 border or a port of entry shall be fined under title 18, im7 prisoned not more than 10 years, or both, and if, at the 

8 time of the offense, the person uses or carries a firearm or 

9 who, in furtherance of any such crime, possesses a firearm, 

10 that person shall be fined under title 18, imprisoned not 

11 more than 20 years, or both. 

12 ‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who at13 tempts or conspires to violate subsection (a) or (b) of this 

14 section shall be punished in the same manner as a person 

15 who completes a violation of such subsection.’’. 

16 (2) TABLE OF CONTENTS AMENDMENT.—The 

17 table of contents is amended by adding after the item 

18 relating to section 294 the following: 

‘‘Sec. 295. Organized human smuggling. 

‘‘Sec. 296. Unlawfully hindering immigration, border, and customs controls.’’. 

19 (b) PROHIBITING CARRYING OR USE OF A FIREARM

20 DURING AND IN RELATION TO AN ALIEN SMUGGLING

21 CRIME.—Section 924(c) of title 18, United States Code, is 

22 amended— 

23 (1) in paragraph (1)— 


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1 (A) in subparagraph (A), by inserting ‘‘, 

2 alien smuggling crime,’’ after ‘‘crime of violence’’ 

3 each place that term appears; and 

4 (B) in subparagraph (D)(ii), by inserting 

5 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio6 lence’’; and 

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

8 ‘‘(6) For purposes of this subsection, the term ‘alien 

9 smuggling crime’ means any felony punishable under sec10 tion 274(a), 277, or 278 of the Immigration and Nation11 ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 

12 (c) STATUTE OF LIMITATIONS.—Section 3298 of title 

13 18, United States Code, is amended by inserting ‘‘, 295, 

14 296, or 297’’ after ‘‘274(a)’’. 

15 SEC. 3713. PREVENTING CRIMINALS FROM RENOUNCING 

16 CITIZENSHIP DURING WARTIME. 

17 Section 349(a) (8 U.S.C. 1481(a)) is amended— 

18 (1) by striking paragraph (6) ; and 

19 (2) redesignating paragraph (7) as paragraph 

20 (6). 

21 SEC. 3714. DIPLOMATIC SECURITY SERVICE. 

22 Paragraph (1) of section 37(a) of the State Depart23 ment Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is 

24 amended to read as follows: 

25 ‘‘(1) conduct investigations concerning— 


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1 ‘‘(A) illegal passport or visa issuance or 

2 use; 

3 ‘‘(B) identity theft or document fraud af4 fecting or relating to the programs, functions, 

5 and authorities of the Secretary of State; 

6 ‘‘(C) violations of chapter 77 of title 18, 

7 United States Code; and 

8 ‘‘(D) Federal offenses committed within the 

9 special maritime and territorial jurisdiction of 

10 the United States (as defined in section 7(9) of 

11 title 18, United States Code);’’. 

12 SEC. 3715. SECURE ALTERNATIVES PROGRAMS. 

13 (a) IN GENERAL.—The Secretary shall establish secure 

14 alternatives programs that incorporate case management 

15 services in each field office of the Department to ensure ap16 pearances at immigration proceedings and public safety. 

17 (b) CONTRACT AUTHORITY.—The Secretary shall con18 tract with nongovernmental community-based organiza19 tions to conduct screening of detainees, provide appearance 

20 assistance services, and operate community-based super21 vision programs. Secure alternatives shall offer a con22 tinuum of supervision mechanisms and options, including 

23 community support, depending on an assessment of each 

24 individual’s circumstances. The Secretary may contract 


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1 with nongovernmental organizations to implement secure 

2 alternatives that maintain custody over the alien. 

3 (c) INDIVIDUALIZED DETERMINATIONS.—In deter4 mining whether to use secure alternatives, the Secretary 

5 shall make an individualized determination, and for each 

6 individual placed on secure alternatives, shall review the 

7 level of supervision on a monthly basis. Secure alternatives 

8 shall not be used when release on bond or recognizance is 

9 determined to be a sufficient measure to ensure appearances 

10 at immigration proceedings and public safety. 

11 (d) CUSTODY.—The Secretary may use secure alter12 natives programs to maintain custody over any alien de13 tained under the Immigration and Nationality Act, except 

14 for aliens detained under section 236A of such Act (8 U.S.C. 

15 1226a). If an individual is not eligible for release from cus16 tody or detention, the Secretary shall consider the alien for 

17 placement in secure alternatives that maintain custody over 

18 the alien, including the use of electronic ankle devices. 

19 SEC. 3716. OVERSIGHT OF DETENTION FACILITIES. 

20 (a) DEFINITIONS.—In this section: 

21 (1) APPLICABLE STANDARDS.—The term ‘‘appli22 cable standards’’ means the most recent version of de23 tention standards and detention-related policies 

24 issued by the Secretary or the Director of U.S. Immi25 gration and Customs Enforcement. 


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1 (2) DETENTION FACILITY.—The term ‘‘detention 

2 facility’’ means a Federal, State, or local government 

3 facility, or a privately owned and operated facility, 

4 that is used, in whole or in part, to hold individuals 

5 under the authority of the Director of U.S. Immigra6 tion and Customs Enforcement, including facilities 

7 that hold such individuals under a contract or agree8 ment with the Director. 

9 (b) DETENTION REQUIREMENTS.—The Secretary shall 

10 ensure that all persons detained pursuant to the Immigra11 tion and Nationality Act (8 U.S.C. 1101 et seq.) are treated 

12 humanely and benefit from the protections set forth in this 

13 section. 

14 (c) OVERSIGHT REQUIREMENTS.— 

15 (1) ANNUAL INSPECTION.—All detention facili16 ties shall be inspected by the Secretary on a regular 

17 basis, but not less than annually, for compliance with 

18 applicable detention standards issued by the Sec19 retary and other applicable regulations. 

20 (2) ROUTINE OVERSIGHT.—In addition to an21 nual inspections, the Secretary shall conduct routine 

22 oversight of detention facilities, including unan23 nounced inspections. 

24 (3) AVAILABILITY OF RECORDS.—All detention 

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1 uations and reviews shall be considered records for 

2 purposes of section 552(f)(2) of title 5, United States 

3 Code. 

4 (4) CONSULTATION.—The Secretary shall seek 

5 input from nongovernmental organizations regarding 

6 their independent opinion of specific facilities. 

7 (d) COMPLIANCE MECHANISMS.— 

8 (1) AGREEMENTS.— 

9 (A) NEW AGREEMENTS.—Compliance with 

10 applicable standards of the Secretary and all ap11 plicable regulations, and meaningful financial 

12 penalties for failure to comply, shall be a mate13 rial term in any new contract, memorandum of 

14 agreement, or any renegotiation, modification, or 

15 renewal of an existing contract or agreement, in16 cluding fee negotiations, executed with detention 

17 facilities. 

18 (B) EXISTING AGREEMENTS.—Not later 

19 than 180 days after the date of the enactment of 

20 this Act, the Secretary shall secure a modifica21 tion incorporating these terms for any existing 

22 contracts or agreements that will not be renegoti23 ated, renewed, or otherwise modified. 

24 (C) CANCELLATION OF AGREEMENTS.—Un25 less the Secretary provides a reasonable extension 


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1 to a specific detention facility that is negotiating 

2 in good faith, contracts or agreements with de3 tention facilities that are not modified within 1 

4 year of the date of the enactment of this Act will 

5 be cancelled. 

6 (D) PROVISION OF INFORMATION.—In mak7 ing modifications under this paragraph, the Sec8 retary shall require that detention facilities pro9 vide to the Secretary all contracts, memoranda of 

10 agreement, evaluations, and reviews regarding 

11 the facility on a regular basis. The Secretary 

12 shall make these materials publicly available. 

13 (2) FINANCIAL PENALTIES.— 

14 (A) REQUIREMENT TO IMPOSE.—Subject to 

15 subparagraph (C), the Secretary shall impose 

16 meaningful financial penalties upon facilities 

17 that fail to comply with applicable detention 

18 standards issued by the Secretary and other ap19 plicable regulations. 

20 (B) TIMING OF IMPOSITION.—Financial 

21 penalties imposed under subparagraph (A) shall 

22 be imposed immediately after a facility fails to 

23 achieve an adequate or the equivalent median 

24 score in any performance evaluation. 


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1 (C) WAIVER.—The requirements of subpara2 graph (A) may be waived if the facility corrects 

3 the noted deficiencies and receives an adequate 

4 score in not more than 90 days. 

5 (D) MULTIPLE OFFENDERS.—In cases of 

6 persistent and substantial noncompliance, in7 cluding scoring less than adequate or the equiva8 lent median score in 2 consecutive inspections, 

9 the Secretary shall terminate contracts or agree10 ments with such facilities within 60 days, or in 

11 the case of facilities operated by the Secretary, 

12 such facilities shall be closed within 90 days. 

13 (e) REPORTING REQUIREMENTS.— 

14 (1) OBJECTIVES.—Not later than June 30 of 

15 each year, the Secretary shall prepare and submit to 

16 the Committee on the Judiciary of the Senate and the 

17 Committee on the Judiciary of the House of Rep18 resentatives a report on inspection and oversight ac19 tivities of detention facilities. 

20 (2) CONTENTS.—Each report submitted under 

21 paragraph (1) shall include— 

22 (A) a description of each detention facility 

23 found to be in noncompliance with applicable 

24 detention standards issued by the Department 

25 and other applicable regulations; 


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1 (B) a description of the actions taken by the 

2 Department to remedy any findings of non3 compliance or other identified problems, includ4 ing financial penalties, contract or agreement 

5 termination, or facility closure; and 

6 (C) information regarding whether the ac7 tions described in subparagraph (B) resulted in 

8 compliance with applicable detention standards 

9 and regulations. 

10 SEC. 3717. PROCEDURES FOR BOND HEARINGS AND FILING 

11 OF NOTICES TO APPEAR. 

12 (a) ALIENS IN CUSTODY.—Section 236 (8 U.S.C. 

13 1226) is amended by adding at the end the following: 

14 ‘‘(f) PROCEDURES FOR CUSTODY HEARINGS.—For 

15 any alien taken into custody under any provision of this 

16 Act, with the exception of minors being transferred to or 

17 in the custody of the Office of Refugee Resettlement, the fol18 lowing shall apply: 

19 ‘‘(1) The Secretary of Homeland Security shall, 

20 without unnecessary delay and not later than 72 

21 hours after the alien is taken into custody, file the No22 tice to Appear or other relevant charging document 

23 with the immigration court having jurisdiction over 

24 the location where the alien was apprehended, and 

25 serve such notice on the alien. 


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1 ‘‘(2) The Secretary shall immediately determine 

2 whether the alien shall remain in custody or be re3 leased and, without unnecessary delay and not later 

4 than 72 hours after the alien was taken into custody, 

5 serve upon the alien the custody decision specifying 

6 the reasons for continued custody and the amount of 

7 bond if any. 

8 ‘‘(3) The Attorney General shall ensure the alien 

9 has the opportunity to appear before an immigration 

10 judge for a custody determination hearing promptly 

11 after service of the Secretary’s custody decision. The 

12 immigration judge may, on the Secretary’s motion 

13 and upon a showing of good cause, postpone a cus14 tody redetermination hearing for no more than 72 

15 hours after service of the custody decision, except that 

16 in no case shall the hearing occur more than 6 days 

17 (including weekends and holidays) after the alien was 

18 taken into custody. 

19 ‘‘(4) The immigration judge shall advise the 

20 alien of the right to postpone the custody determina21 tion hearing and shall, on the oral or written request 

22 of the individual, postpone the custody determination 

23 hearing for a period of not more than 14 days. 

24 ‘‘(5) Except for aliens that the immigration 

25 judge has determined are deportable under section 


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1 236(c) or certified under section 236A, the immigra2 tion judge shall review the custody determination de 

3 novo and may continue to detain the alien only if the 

4 Secretary demonstrates that no conditions, including 

5 the use of alternatives to detention that maintain cus6 tody over the alien, will reasonably assure the appear7 ance of the alien as required and the safety of any 

8 other person and the community. For aliens whom 

9 the immigration judge has determined are deportable 

10 under section 236(c), the immigration judge may re11 view the custody determination if the Secretary agrees 

12 the alien is not a danger to the community, and al13 ternatives to detention exist that ensure the appear14 ance of the alien, as required, and the safety of any 

15 other person and the community. 

16 ‘‘(6) In the case of any alien remaining in cus17 tody after a custody determination, the Attorney Gen18 eral shall provide de novo custody determination 

19 hearings before an immigration judge every 90 days 

20 so long as the alien remains in custody. An alien 

21 may also obtain a de novo custody redetermination 

22 hearing at any time upon a showing of good cause. 

23 ‘‘(7) The Secretary shall inform the alien of his 

24 or her rights under this paragraph at the time the 

25 alien is first taken into custody.’’. 


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1 (b) LIMITATIONS ON SOLITARY CONFINEMENT.— 

2 (1) IN GENERAL.—Section 236(d) (8 U.S.C. 

3 1226(d)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(3) NATURE OF DETENTION.— 

6 ‘‘(A) DEFINITIONS.—In this paragraph: 

7 ‘‘(i) ADMINISTRATIVE SEGREGATION.— 

8 The term ‘administrative segregation’ 

9 means a nonpunitive form of solitary con10 finement for administrative reasons. 

11 ‘‘(ii) DISCIPLINARY SEGREGATION.— 

12 The term ‘disciplinary segregation’ means a 

13 punitive form of solitary confinement for 

14 disciplinary reasons. 

15 ‘‘(iii) SERIOUS MENTAL ILLNESS.—The 

16 term ‘serious mental illness’ means a sub17 stantial disorder of thought or mood that 

18 significantly impairs judgment, behavior, 

19 capacity to recognize reality, or ability to 

20 cope with the ordinary demands of life. 

21 ‘‘(iv) SOLITARY CONFINEMENT.—The 

22 term ‘solitary confinement’ means cell con23 finement of 22 hours or more per day. 

24 ‘‘(B) LIMITATIONS ON SOLITARY CONFINE25 MENT.— 


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1 ‘‘(i) IN GENERAL.—The use of solitary 

2 confinement of an alien in custody pursu3 ant to this section, section 235, or section 

4 241 shall be limited to situations in which 

5 such confinement— 

6 ‘‘(I) is necessary— 

7 ‘‘(aa) to control a threat to 

8 detainees, staff, or the security of 

9 the facility; 

10 ‘‘(bb) to discipline the alien 

11 for a serious disciplinary infrac12 tion if alternative sanctions would 

13 not adequately regulate the alien’s 

14 behavior; or 

15 ‘‘(cc) for good order during 

16 the last 24 hours before an alien 

17 is released, removed, or trans18 ferred from the facility; 

19 ‘‘(II) is limited to the briefest 

20 term and under the least restrictive 

21 conditions practicable and consistent 

22 with the rationale for placement and 

23 with the progress achieved by the alien; 

24 and 


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1 ‘‘(III) complies with the require2 ments set forth in this subparagraph. 

3 ‘‘(ii) CHILDREN.—Children who are 

4 younger than 18 years of age may not be 

5 placed in solitary confinement. 

6 ‘‘(iii) SERIOUS MENTAL ILLNESS.— 

7 ‘‘(I) IN GENERAL.—An alien with 

8 a serious mental illness may not be 

9 placed in involuntary solitary confine10 ment due to mental illness unless— 

11 ‘‘(aa) such confinement is 

12 necessary for the alien’s own pro13 tection; or 

14 ‘‘(bb) if the alien requires 

15 emergency stabilization or poses a 

16 significant threat to staff or others 

17 in general population. 

18 ‘‘(II) MAXIMUM PERIOD.—An 

19 alien diagnosed with serious mental 

20 illness may not be placed in solitary 

21 confinement for more than 15 days un22 less the Secretary of Homeland Secu23 rity determines that— 

24 ‘‘(aa) any less restrictive al25 ternative is more likely than not 


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1 to cause greater harm to the alien 

2 than the solitary confinement pe3 riod imposed; or 

4 ‘‘(bb) the likely harm to the 

5 alien is not substantial and the 

6 period of solitary confinement is 

7 the least restrictive alternative 

8 necessary to protect the alien, 

9 other detainees, or others. 

10 ‘‘(iv) OWN PROTECTION.— 

11 ‘‘(I) IN GENERAL.—Involuntary 

12 solitary confinement for an alien’s own 

13 protection may be used only for the 

14 least amount of time practicable and if 

15 no readily available and less restrictive 

16 alternative will maintain the alien’s 

17 safety. 

18 ‘‘(II) MAXIMUM PERIOD.—An 

19 alien may not be placed in involuntary 

20 solitary confinement for the alien’s 

21 own protection for longer than 15 days 

22 unless the Secretary of Homeland Se23 curity determines that any less restric24 tive alternative is more likely than not 

25 to cause greater harm to the alien than 


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1 the solitary confinement period im2 posed. 

3 ‘‘(III) PROHIBITED FACTORS.— 

4 The Secretary of Homeland Security 

5 may not rely solely on an alien’s age, 

6 physical disability, sexual orientation, 

7 gender identity, race, or religion. The 

8 Secretary shall make an individualized 

9 assessment in each case. 

10 ‘‘(v) MEDICAL CARE.—An alien placed 

11 in solitary confinement— 

12 ‘‘(I) shall be visited by a medical 

13 professional at least 3 times each week; 

14 ‘‘(II) shall receive at least weekly 

15 mental health monitoring by a licensed 

16 mental health clinician; and 

17 ‘‘(III) shall be removed from soli18 tary confinement if— 

19 ‘‘(aa) a mental health clini20 cian determines that such deten21 tion is having a significant nega22 tive impact on the alien’s mental 

23 health; and 

24 ‘‘(bb) an appropriate alter25 native is available. 


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1 ‘‘(vi) NOTIFICATION; ACCESS TO COUN2 SEL.—If an alien is placed in solitary con3 finement, the alien— 

4 ‘‘(I) shall be informed verbally, 

5 and in writing, of the reason for such 

6 confinement and the intended duration 

7 of such confinement, if specified at the 

8 time of initial placement; and 

9 ‘‘(II) shall be offered access to 

10 counsel on the same basis as detainees 

11 in the general population. 

12 ‘‘(vii) LONGER SOLITARY CONFINE13 MENT PERIODS.—If an alien has been sub14 ject to involuntary solitary confinement for 

15 more than 14 consecutive days, the Sec16 retary of Homeland Security shall conduct 

17 a timely review to determine whether con18 tinued placement is justified by an extreme 

19 disciplinary infraction or is the least re20 strictive means of protecting the alien or 

21 others. Any alien held in solitary confine22 ment for more than 7 days shall be given a 

23 reasonable opportunity to challenge such 

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1 ministrator, which will promptly respond to 

2 such challenge in writing. 

3 ‘‘(viii) OVERSIGHT.—The Secretary of 

4 Homeland Security shall ensure that— 

5 ‘‘(I) he or she is regularly in6 formed about the use of solitary con7 finement in all facilities at which 

8 aliens are detained; and 

9 ‘‘(II) the Department fully com10 plies with the provisions under this 

11 paragraph. 

12 ‘‘(C) DISCIPLINARY SEGREGATION.—Dis13 ciplinary segregation is authorized only pursu14 ant to the order of a facility disciplinary panel 

15 following a hearing in which the detainee is de16 termined to have violated a facility rule. 

17 ‘‘(D) ADMINISTRATIVE SEGREGATION.—Ad18 ministrative segregation is authorized only as 

19 necessary to ensure the safety of the detainee or 

20 others, the protection of property, or the security 

21 or good order of the facility. Detainees in admin22 istrative segregation shall be offered program23 ming opportunities and privileges consistent 

24 with those available in the general population, 


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1 except where precluded by safety or security con2 cerns.’’. 

3 (2) ANNUAL REPORT.—The Secretary shall— 

4 (A) collect and compile information regard5 ing the prevalence, reasons for, and duration of 

6 solitary confinement in all facilities described in 

7 paragraph (3); 

8 (B) submit an annual report containing the 

9 information described in subparagraph (A) to 

10 Congress not later than 30 days after the end of 

11 the reporting period; and 

12 (C) make the data contained in the report 

13 submitted under subparagraph (B) publicly 

14 available. 

15 (3) RULEMAKING.—The Secretary shall adopt 

16 regulations or policies to carry out section 236(d)(3) 

17 of the Immigration and Nationality Act, as amended 

18 by paragraph (1), at all facilities at which aliens are 

19 detained pursuant to section 235, 236, or 241 of such 

20 Act. 

21 (c) STIPULATED REMOVAL.—Section 240(d) (8 U.S.C. 

22 1229a) is amended to read as follows: 

23 ‘‘(d) STIPULATED REMOVAL.—The Attorney General 

24 shall provide by regulation for the entry by an immigration 

25 judge of an order of removal stipulated to by the alien (or 


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1 the alien’s representative) and the Service. An immigration 

2 judge may enter a stipulated removal order only upon a 

3 finding at an in-person hearing that the stipulation is vol4 untary, knowing, and intelligent. A stipulated order shall 

5 constitute a conclusive determination of the alien’s remov6 ability from the United States.’’. 

7 SEC. 3718. SANCTIONS FOR COUNTRIES THAT DELAY OR 

8 PREVENT REPATRIATION OF THEIR NATION9 ALS. 

10 Section 243(d) (8 U.S.C. 1253(d)) is amended to read 

11 as follows: 

12 ‘‘(d) DISCONTINUING GRANTING VISAS TO NATIONALS

13 OF COUNTRIES THAT DENY OR DELAY ACCEPTING

14 ALIENS.—Notwithstanding section 221(c), if the Secretary 

15 of Homeland Security determines, in consultation with the 

16 Secretary of State, that the government of a foreign country 

17 denies or unreasonably delays accepting aliens who are citi18 zens, subjects, nationals, or residents of that country after 

19 the Secretary asks whether the government will accept an 

20 alien under this section, or after a determination that the 

21 alien is inadmissible under paragraph (6) or (7) of section 

22 212(a), the Secretary of State shall order consular officers 

23 in that foreign country to discontinue granting visas, or 

24 classes of visas, until the Secretary of Homeland Security 


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1 notifies the Secretary of State that the country has accepted 

2 the aliens.’’. 

3 SEC. 3719. GROSS VIOLATIONS OF HUMAN RIGHTS. 

4 (a) INADMISSIBILITY OF CERTAIN ALIENS.—Section 

5 212(a)(3)(E) (8 U.S.C. 1182(a)(3)(E)) is amended by strik6 ing clause (iii) and inserting the following: 

7 ‘‘(iii) COMMISSION OF ACTS OF TOR8 TURE, EXTRAJUDICIAL KILLINGS, WAR

9 CRIMES, OR WIDESPREAD OR SYSTEMATIC

10 ATTACKS ON CIVILIANS.—Any alien who 

11 planned, ordered, assisted, aided and abet12 ted, committed, or otherwise participated, 

13 including through command responsibility, 

14 in the commission of— 

15 ‘‘(I) any act of torture (as defined 

16 in section 2340 of title 18, United 

17 States Code); 

18 ‘‘(II) any extrajudicial killing (as 

19 defined in section 3(a) of the Torture 

20 Victim Protection Act of 1991 (28 

21 U.S.C. 1350 note)) under color of law 

22 of any foreign nation; 

23 ‘‘(III) a war crime (as defined in 

24 section 2441 of title 18, United States 

25 Code); or 


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1 ‘‘(IV) any of the following acts as 

2 a part of a widespread or systematic 

3 attack directed against a civilian pop4 ulation, with knowledge of the attack: 

5 murder, extermination, enslavement, 

6 forcible transfer of population, arbi7 trary detention, rape, sexual slavery, 

8 enforced prostitution, forced preg9 nancy, enforced sterilization, or any 

10 other form of sexual violence of com11 parable gravity; persecution on polit12 ical racial, national, ethnic, cultural, 

13 religious, or gender grounds; enforced 

14 disappearance of persons; or other in15 humane acts of a similar character in16 tentionally causing great suffering or 

17 serious bodily or mental injury, 

18 is inadmissible. 

19 ‘‘(iv) LIMITATION.—Clause (iii) shall 

20 not apply to an alien if the Secretary of 

21 Homeland Security or the Attorney General 

22 determine that the actions giving rise to the 

23 alien’s inadmissibility under such clause 

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1 ress, the Secretary may consider, among rel2 evant factors, the age of the alien at the 

3 time such actions were committed.’’. 

4 (b) DENYING SAFE HAVEN TO FOREIGN HUMAN

5 RIGHTS VIOLATORS.—Section 2(a)(2) of the Torture Victim 

6 Protection Act of 1991 (28 U.S.C. 1350 note) is amended— 

7 (1) by inserting after ‘‘killing’’ the following: ‘‘, 

8 a war crime (as defined in subsections (c) and (d) of 

9 section 2441 of title 18, United States Code), a wide10 spread or systematic attack on civilians (as defined 

11 in section 212(a)(3)(E)(iii)(IV) of the Immigration 

12 and Nationality Act), or genocide (as defined in sec13 tion 1091(a) of such title 18)’’; and 

14 (2) by striking ‘‘to the individual’s legal rep15 resentative’’ and inserting ‘‘to that individual or to 

16 that individual’s legal representative’’. 

17 (c) NONAPPLICABILITY OF CONFIDENTIALITY RE18 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

19 President may make public, without regard to the require20 ments under section 222(f) of the Immigration and Nation21 ality Act (8 U.S.C. 1202(f)), with respect to confidentiality 

22 of records pertaining to the issuance or refusal of visas or 

23 permits to enter the United States, the names of aliens 

24 deemed inadmissible on the basis of section 

25 212(a)(3)(E)(iii) of such Act, as amended by subsection (a). 


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1 SEC. 3720. REPORTING AND RECORD KEEPING REQUIRE2 MENTS RELATING TO THE DETENTION OF 

3 ALIENS. 

4 (a) IN GENERAL.—In order for Congress and the pub5 lic to assess the full costs of apprehending, detaining, proc6 essing, supervising, and removing aliens, and how the 

7 money Congress appropriates for detention is allocated by 

8 Federal agencies, the Assistant Secretary for Immigration 

9 and Customs and Enforcement (referred to in this section 

10 as the ‘‘Assistant Secretary’’), the Director of the Executive 

11 Office of Immigration Review, and the Commissioner re12 sponsible for U.S. Customs and Border Protection (referred 

13 to in this section as the ‘‘Commissioner’’) shall— 

14 (1) maintain the information required under 

15 subsections (b), (c), and (d); and 

16 (2) submit reports on that information to Con17 gress and make that information available to the pub18 lic in accordance with subsection (e). 

19 (b) MAINTENANCE OF INFORMATION BY U.S. IMMIGRA20 TION AND CUSTOMS ENFORCEMENT.—The Assistant Sec21 retary shall record and maintain, in the database of U.S. 

22 Immigration and Customs Enforcement relating to de23 tained aliens, the following information with respect to each 

24 alien detained pursuant to the Immigration and Nation25 ality Act (8 U.S.C. 1101 et seq.): 


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1 (1) The provision of law that provides specific 

2 authority for the alien’s detention and the beginning 

3 and end dates of the alien’s detention pursuant to 

4 that authority. If the alien’s detention is authorized 

5 by different provisions of law during different periods 

6 of time, the Assistant Secretary shall record and 

7 maintain the provision of law that provides authority 

8 for the alien’s detention during each such period. 

9 (2) The place where the alien was apprehended 

10 or where U.S. Immigration and Customs Enforcement 

11 assumed custody of the alien. 

12 (3) Each location where U.S. Immigration and 

13 Customs Enforcement detains the alien until the alien 

14 is released from custody or removed from the United 

15 States, including any period of redetention. 

16 (4) The gender and age of each detained alien in 

17 the custody of U.S. Immigration and Customs En18 forcement. 

19 (5) The number of days the alien is detained, in20 cluding the number of days spent in any given deten21 tion facility and the total amount of time spent in de22 tention. 

23 (6) The immigration charges that are the basis 

24 for the alien’s removal proceedings. 


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1 (7) The status of the alien’s removal proceedings 

2 and each date on which those proceedings progress 

3 from 1 stage of proceeding to another. 

4 (8) The length of time the alien was detained fol5 lowing a final administrative order of removal and 

6 the reasons for the continued detention. 

7 (9) The initial custody determination or review 

8 made by U.S. Immigration and Customs Enforce9 ment, including whether the alien received notice of a 

10 custody determination or review and when the cus11 tody determination or review took place. 

12 (10) The risk assessment results for the alien, in13 cluding if the alien is subject to mandatory custody 

14 or detention. 

15 (11) The reason for the alien’s release from de16 tention and the conditions of release imposed on the 

17 alien, if applicable. 

18 (c) MAINTENANCE OF INFORMATION BY EXECUTIVE

19 OFFICE OF IMMIGRATION REVIEW.—The Director of the Ex20 ecutive Office of Immigration Review shall record and 

21 maintain, in the database of the Executive Office of Immi22 gration Review relating to detained aliens in removal pro23 ceedings, the following information with respect to each 

24 such alien: 


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1 (1) The immigration charges that are the basis 

2 for the alien’s removal proceedings, including any re3 vision of the immigration charges and the date of 

4 each such revision. 

5 (2) The gender and age of the alien. 

6 (3) The status of the alien’s removal proceedings 

7 and each date on which those proceedings progress 

8 from one stage of proceeding to another. 

9 (4) The statutory basis for any bond hearing 

10 conducted and the outcomes of the bond hearing. 

11 (5) Whether each court hearing is conducted in 

12 person, by audio link, or by video conferencing. 

13 (6) The date of each attorney entry of appear14 ance before an immigration judge using Form EOIR– 

15 28 and the scope of the appearance to which the form 

16 related. 

17 (d) MAINTENANCE OF INFORMATION BY U.S. CUSTOMS

18 AND BORDER PROTECTION.—The Commissioner shall 

19 record and maintain in the database of U.S. Customs and 

20 Border Protection relating to detained aliens the following 

21 information with respect to each alien detained pursuant 

22 to the Immigration and Nationality Act (8 U.S.C. 1101 et 

23 seq.): 


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1 (1) The provision of law that provides specific 

2 authority for the alien’s detention and the beginning 

3 and end dates of the alien’s detention. 

4 (2) The place where the alien was apprehended. 

5 (3) The gender and age of the alien. 

6 (4) Each location where U.S. Customs and Bor7 der Protection detains the alien until the alien is re8 leased from custody or removed from the United 

9 States, including any period of redetention. 

10 (5) The number of days that the alien is de11 tained in the custody of U.S. Customs and Border 

12 Protection. 

13 (6) The immigration charges that are the basis 

14 for the alien’s removal proceedings while the alien is 

15 in the custody of U.S. Customs and Border Protec16 tion. 

17 (7) The initial custody determination by U.S. 

18 Customs and Border Protection, including whether 

19 the alien received notice of a custody determination or 

20 review, when the custody determination or review 

21 took place, and whether U.S. Customs and Border 

22 Protection offered the option of stipulated removal to 

23 a detained alien. 


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1 (8) The reason for the alien’s release from deten2 tion and the conditions of release to detention im3 posed on the alien, if applicable. 

4 (e) REPORTING REQUIREMENTS.— 

5 (1) PERIODIC REPORTS.—The Assistant Sec6 retary, the Director of the Executive Office of Immi7 gration Review, and the Commissioner shall periodi8 cally, but not less frequently than annually, submit to 

9 Congress a report containing a summary of the infor10 mation required to be maintained by this section. 

11 Each such report shall include summaries of na12 tional-level data as well as summaries of the informa13 tion required by this section by State and county. 

14 (2) OTHER REPORTS.—The Assistant Secretary 

15 shall report to Congress not less frequently than an16 nually on— 

17 (A) the number of aliens detained for more 

18 than 3 months, 6 months, 1 year, and 2 years; 

19 and 

20 (B) the average period of detention before 

21 receipt of a final administrative order of removal 

22 and after receipt of such an order. 

23 (3) AVAILABILITY TO PUBLIC.—The reports re24 quired under this subsection and the information for 

25 each alien on which the reports are based shall be 


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1 made available to the public without the need to sub2 mit a request under section 552 of title 5, United 

3 States Code (commonly referred to as the ‘‘Freedom of 

4 Information Act’’). 

5 (4) PRIVACY PROTECTIONS.—No alien’s identity 

6 may be disclosed when information described in para7 graph (3) is made publicly available. 

8 (f) DEFINITIONS.—In this section: 

9 (1) CASE OUTCOME.—The term ‘‘case outcome’’ 

10 includes a grant of relief from deportation under sec11 tion 240A of the Immigration and Nationality Act (8 

12 U.S.C. 1229b), voluntary departure pursuant to sec13 tion 240B of that Act (8 U.S.C. 1229c), removal pur14 suant to section 238 of that Act (8 U.S.C. 1228), judi15 cial termination of proceedings, termination of pro16 ceedings by U.S. Immigration and Customs Enforce17 ment, cancellation of the notice to appear, or permis18 sion to withdraw application for admission without 

19 any removal order being issued. 

20 (2) PLACE WHERE THE ALIEN WAS APPRE21 HENDED.—The term ‘‘place where the alien was ap22 prehended’’ refers to the city, county, and State where 

23 an alien is apprehended. 

24 (3) REASON FOR THE ALIEN’S RELEASE FROM

25 DETENTION.—The term ‘‘reason for the alien’s release 


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1 from detention’’ refers to release on bond, on an 

2 alien’s own recognizance, on humanitarian grounds, 

3 after grant of relief, or due to termination of pro4 ceedings or removal. 

5 (4) REMOVAL PROCEEDINGS.—The term ‘‘re6 moval proceedings’’ refers to a removal case of any 

7 kind, including expedited removal, administrative re8 moval, stipulated removal, reinstatement, and vol9 untary removal and removals in which an applicant 

10 is permitted to withdraw his or her application for 

11 admission. 

12 (5) STAGE.—The term ‘‘stage’’, with respect to a 

13 proceeding, refers to whether the alien is in pro14 ceedings before an immigration judge, the Board of 

15 Immigration Appeals, a United States court of ap16 peals, or on remand from a United States court of 

17 appeals. 

18 SEC. 3721. POWERS OF IMMIGRATION OFFICERS AND EM19 PLOYEES AT SENSITIVE LOCATIONS. 

20 Section 287 (8 U.S.C. 1357) is amended by adding 

21 at the end the following: 

22 ‘‘(i)(1) In order to ensure individuals’ access to sen23 sitive locations, this subsection applies to enforcement ac24 tions by officers and agents of U.S. Immigration and CusVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01611 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 toms Enforcement and officers and agents of U.S. Customs 

2 and Border Protection. 

3 ‘‘(2)(A) An enforcement action may not take place at, 

4 or be focused on, a sensitive location, except as follows: 

5 ‘‘(i) Under exigent circumstances. 

6 ‘‘(ii) If prior approval is obtained. 

7 ‘‘(B) If an enforcement action is taking place pursuant 

8 to subparagraph (A) and the condition permitting the en9 forcement action ceases, the enforcement action shall cease. 

10 ‘‘(3)(A) When proceeding with an enforcement action 

11 at or near a sensitive location, officers and agents referred 

12 to in paragraph (1) shall conduct themselves as discreetly 

13 as possible, consistent with officer and public safety, and 

14 make every effort to limit the time at or focused on the sen15 sitive location. 

16 ‘‘(B) If, in the course of an enforcement action that 

17 is not initiated at or focused on a sensitive location, officers 

18 or agents are led to or near a sensitive location, and no 

19 exigent circumstance exists, such officers or agents shall 

20 conduct themselves in a discreet manner, maintain surveil21 lance, and immediately consult their supervisor before tak22 ing any further enforcement action, in order to determine 

23 whether such action should be discontinued. 

24 ‘‘(C) This section not apply to the transportation of 

25 an individual apprehended at or near a land or sea border 


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1 to a hospital or healthcare provider for the purpose of pro2 viding such individual medical care. 

3 ‘‘(4)(A) Each official specified in subparagraph (B) 

4 shall ensure that the employees under the supervision of 

5 such official receive annual training on compliance with 

6 the requirements of this subsection in enforcement actions 

7 at or focused on sensitive locations and enforcement actions 

8 that lead officers or agents to or near a sensitive location. 

9 ‘‘(B) The officials specified in ths subparagraph are 

10 the following: 

11 ‘‘(i) The Chief Counsel of U.S. Immigration and 

12 Customs Enforcement. 

13 ‘‘(ii) The Field Office Directors of U.S. Immi14 gration and Customs Enforcement. 

15 ‘‘(iii) Each Special Agent in Charge of U.S. Im16 migration and Customs Enforcement. 

17 ‘‘(iv) Each Chief Patrol Agent of U.S. Customs 

18 and Border Protection. 

19 ‘‘(v) The Director of Field Operations of U.S. 

20 Customs and Border Protection. 

21 ‘‘(vi) The Director of Air and Marine Operations 

22 of U.S. Customs and Border Protection. 

23 ‘‘(vii) The Internal Affairs Special Agent in 

24 Charge of U.S. Customs and Border Protection. 


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1 ‘‘(5)(A) The Director of U.S. Immigration and Cus2 toms Enforcement and the Commissioner of U.S. Customs 

3 and Border Protection shall each submit to the appropriate 

4 committees of Congress each year a report on the enforce5 ment actions undertaken by U.S. Immigration and Cus6 toms Enforcement and U.S. Customs and Border Protec7 tion, respectively, during the preceding year that were cov8 ered by this subsection. 

9 ‘‘(B) Each report on an agency for a year under this 

10 paragraph shall set forth the following: 

11 ‘‘(i) The number of enforcement actions at or fo12 cused on a sensitive location. 

13 ‘‘(ii) The number of enforcement actions where 

14 officers or agents were subsequently led to or near a 

15 sensitive location. 

16 ‘‘(iii) The date, site, and State, city, and county 

17 in which each enforcement action covered by clause 

18 (i) or (ii) occurred. 

19 ‘‘(iv) The component of the agency responsible 

20 for each such enforcement action. 

21 ‘‘(v) A description of the intended target of each 

22 such enforcement action. 

23 ‘‘(vi) The number of individuals, if any, arrested 

24 or taken into custody through each such enforcement 

25 action. 


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1 ‘‘(vii) The number of collateral arrests, if any, 

2 from each such enforcement action and the reasons for 

3 each such arrest. 

4 ‘‘(viii) A certification of whether the location ad5 ministrator was contacted prior to, during, or after 

6 each such enforcement action. 

7 ‘‘(C) Each report under this paragraph shall be made 

8 available to the public without the need to submit a request 

9 under section 552 of title 5, United States Code (commonly 

10 referred to as the ‘Freedom of Information Act’). 

11 ‘‘(6) In this subsection: 

12 ‘‘(A) The term ‘appropriate committees of Con13 gress’ means— 

14 ‘‘(i) the Committee on Homeland Security 

15 and Governmental Affairs of the Senate; 

16 ‘‘(ii) the Committee on the Judiciary of the 

17 Senate; 

18 ‘‘(iii) the Committee on Homeland Security 

19 of the House of Representatives; and 

20 ‘‘(iv) the Committee on the Judiciary of the 

21 House of Representatives. 

22 ‘‘(B) The term ‘enforcement action’ means an ar23 rest, interview, search, or surveillance for the purposes 

24 of immigration enforcement, and includes an enforce25 ment action at, or focused on, a sensitive location 


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1 that is part of a joint case led by another law enforce2 ment agency. 

3 ‘‘(C) The term ‘exigent circumstances’ means a 

4 situation involving the following: 

5 ‘‘(i) The imminent risk of death, violence, 

6 or physical harm to any person, including a sit7 uation implicating terrorism or the national se8 curity of the United States in some other man9 ner. 

10 ‘‘(ii) The immediate arrest or pursuit of a 

11 dangerous felon, terrorist suspect, or other indi12 vidual presenting an imminent danger or public 

13 safety risk. 

14 ‘‘(iii) The imminent risk of destruction of 

15 evidence that is material to an ongoing criminal 

16 case. 

17 ‘‘(D) The term ‘prior approval’ means the fol18 lowing: 

19 ‘‘(i) In the case of officers and agents of 

20 U.S. Immigration and Customs Enforcement, 

21 prior written approval for a specific, targeted 

22 operation from one of the following officials: 

23 ‘‘(I) The Assistant Director of Oper24 ations, Homeland Security Investigations. 


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1 ‘‘(II) The Executive Associate Director 

2 of Homeland Security Investigations. 

3 ‘‘(III) The Assistant Director for Field 

4 Operations, Enforcement, and Removal Op5 erations. 

6 ‘‘(IV) The Executive Associate Director 

7 for Field Operations, Enforcement, and Re8 moval Operations. 

9 ‘‘(ii) In the case of officers and agents of 

10 U.S. Customs and Border Protection, prior writ11 ten approval for a specific, targeted operation 

12 from one of the following officials: 

13 ‘‘(I) A Chief Patrol Agent. 

14 ‘‘(II) The Director of Field Operations. 

15 ‘‘(III) The Director of Air and Marine 

16 Operations 

17 ‘‘(IV) The Internal Affairs Special 

18 Agent in Charge. 

19 ‘‘(E) The term ‘sensitive location’ includes the 

20 following: 

21 ‘‘(i) Hospitals and health clinics. 

22 ‘‘(ii) Public and private schools (including 

23 pre-schools, primary schools, secondary schools, 

24 postsecondary schools (including colleges and 


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1 universities), and other institutions of learning 

2 such as vocational or trade schools). 

3 ‘‘(iii) Organizations assisting children, 

4 pregnant women, victims of crime or abuse, or 

5 individuals with mental or physical disabilities. 

6 ‘‘(iv) Churches, synagogues, mosques, and 

7 other places of worship, such as buildings rented 

8 for the purpose of religious services. 

9 ‘‘(v) Such other locations as the Secretary of 

10 Homeland Security shall specify for purposes of 

11 this subsection.’’. 

12 Subtitle H—Protection of Children 

13 Affected by Immigration En14 forcement 

15 SEC. 3801. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Humane Enforce17 ment and Legal Protections for Separated Children Act’’ 

18 or the ‘‘HELP Separated Children Act’’. 

19 SEC. 3802. DEFINITIONS. 

20 In this subtitle: 

21 (1) APPREHENSION.—The term ‘‘apprehension’’ 

22 means the detention or arrest by officials of the De23 partment or cooperating entities. 

24 (2) CHILD.—The term ‘‘child’’ means an indi25 vidual who has not attained 18 years of age. 


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1 (3) CHILD WELFARE AGENCY.—The term ‘‘child 

2 welfare agency’’ means a State or local agency re3 sponsible for child welfare services under subtitles B 

4 and E of title IV of the Social Security Act (42 

5 U.S.C. 601 et seq.). 

6 (4) COOPERATING ENTITY.—The term ‘‘cooper7 ating entity’’ means a State or local entity acting 

8 under agreement with the Secretary. 

9 (5) DETENTION FACILITY.—The term ‘‘detention 

10 facility’’ means a Federal, State, or local government 

11 facility, or a privately owned and operated facility, 

12 that is used, in whole or in part, to hold individuals 

13 under the authority of the Director of U.S. Immigra14 tion and Customs Enforcement, including facilities 

15 that hold such individuals under a contract or agree16 ment with the Director. 

17 (6) IMMIGRATION ENFORCEMENT ACTION.—The 

18 term ‘‘immigration enforcement action’’ means the 

19 apprehension of 1 or more individuals whom the De20 partment has reason to believe are removable from the 

21 United States by the Secretary or a cooperating enti22 ty. 

23 (7) PARENT.—The term ‘‘parent’’ means a bio24 logical or adoptive parent of a child, whose parental 

25 rights have not been relinquished or terminated under 


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1 State law or the law of a foreign country, or a legal 

2 guardian under State law or the law of a foreign 

3 country. 

4 SEC. 3803. APPREHENSION PROCEDURES FOR IMMIGRA5 TION ENFORCEMENT-RELATED ACTIVITIES. 

6 (a) APPREHENSION PROCEDURES.—In any immigra7 tion enforcement action, the Secretary and cooperating enti8 ties shall— 

9 (1) as soon as possible, but generally not later 

10 than 2 hours after an immigration enforcement ac11 tion, inquire whether an individual is a parent or 

12 primary caregiver of a child in the United States and 

13 provide any such individuals with— 

14 (A) the opportunity to make a minimum of 

15 2 telephone calls to arrange for the care of such 

16 child in the individual’s absence; and 

17 (B) contact information for— 

18 (i) child welfare agencies and family 

19 courts in the same jurisdiction as the child; 

20 and 

21 (ii) consulates, attorneys, and legal 

22 service providers capable of providing free 

23 legal advice or representation regarding 

24 child welfare, child custody determinations, 

25 and immigration matters; 


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1 (2) notify the child welfare agency with jurisdic2 tion over the child if the child’s parent or primary 

3 caregiver is unable to make care arrangements for the 

4 child or if the child is in imminent risk of serious 

5 harm; 

6 (3) ensure that personnel of the Department and 

7 cooperating entities do not, absent medical necessity 

8 or extraordinary circumstances, compel or request 

9 children to interpret or translate for interviews of 

10 their parents or of other individuals who are encoun11 tered as part of an immigration enforcement action; 

12 and 

13 (4) ensure that any parent or primary caregiver 

14 of a child in the United States— 

15 (A) absent medical necessity or extraor16 dinary circumstances, is not transferred from his 

17 or her area of apprehension until the indi18 vidual— 

19 (i) has made arrangements for the care 

20 of such child; or 

21 (ii) if such arrangements are unavail22 able or the individual is unable to make 

23 such arrangements, is informed of the care 

24 arrangements made for the child and of a 


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1 means to maintain communication with the 

2 child; 

3 (B) absent medical necessity or extraor4 dinary circumstances, and to the extent prac5 ticable, is placed in a detention facility either— 

6 (i) proximate to the location of appre7 hension; or 

8 (ii) proximate to the individual’s ha9 bitual place of residence; and 

10 (C) receives due consideration of the best in11 terests of such child in any decision or action re12 lating to his or her detention, release, or transfer 

13 between detention facilities. 

14 (b) REQUESTS TO STATE AND LOCAL ENTITIES.—If 

15 the Secretary requests a State or local entity to hold in cus16 tody an individual whom the Department has reason to be17 lieve is removable pending transfer of that individual to 

18 the custody of the Secretary or to a detention facility, the 

19 Secretary shall also request that the State or local entity 

20 provide the individual the protections specified in para21 graphs (1) and (2) of subsection (a), if that individual is 

22 found to be the parent or primary caregiver of a child in 

23 the United States. 

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1 strued to impede, delay, or in any way limit the obligations 

2 of the Secretary, the Attorney General, or the Secretary of 

3 Health and Human Services under section 235 of the Wil4 liam Wilberforce Trafficking Victims Protection Reauthor5 ization Act of 2008 (8 U.S.C. 1232) or section 462 of the 

6 Homeland Security Act of 2002 (6 U.S.C. 279). 

7 SEC. 3804. ACCESS TO CHILDREN, STATE AND LOCAL 

8 COURTS, CHILD WELFARE AGENCIES, AND 

9 CONSULAR OFFICIALS. 

10 At all detention facilities, the Secretary shall— 

11 (1) prominently post in a manner accessible to 

12 detainees and visitors and include in detainee hand13 books information on the protections of this subtitle as 

14 well as information on potential eligibility for parole 

15 or release; 

16 (2) absent extraordinary circumstances, ensure 

17 that individuals who are detained by the Department 

18 and are parents of children in the United States 

19 are— 

20 (A) permitted regular phone calls and con21 tact visits with their children; 

22 (B) provided with contact information for 

23 child welfare agencies and family courts in the 

24 relevant jurisdictions; 


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1 (C) able to participate fully and, to the ex2 tent possible, in person in all family court pro3 ceedings and any other proceedings that may 

4 impact their right to custody of their children; 

5 (D) granted free and confidential telephone 

6 calls to relevant child welfare agencies and fam7 ily courts as often as is necessary to ensure that 

8 the best interest of their children, including a 

9 preference for family unity whenever appro10 priate, can be considered in child welfare agency 

11 or family court proceedings; 

12 (E) able to fully comply with all family 

13 court or child welfare agency orders impacting 

14 custody of their children; 

15 (F) provided access to United States pass16 port applications or other relevant travel docu17 ment applications for the purpose of obtaining 

18 travel documents for their children; 

19 (G) afforded timely access to a notary pub20 lic for the purpose of applying for a passport for 

21 their children or executing guardianship or other 

22 agreements to ensure the safety of their children; 

23 and 

24 (H) granted adequate time before removal to 

25 obtain passports, apostilled birth certificates, 


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1 travel documents, and other necessary records on 

2 behalf of their children if such children will ac3 company them on their return to their country 

4 of origin or join them in their country of origin; 

5 and 

6 (3) where doing so would not impact public safe7 ty or national security, facilitate the ability of de8 tained alien parents and primary caregivers to share 

9 information regarding travel arrangements with their 

10 consulate, children, child welfare agencies, or other 

11 caregivers in advance of the detained alien individ12 ual’s departure from the United States. 

13 SEC. 3805. MANDATORY TRAINING. 

14 The Secretary, in consultation with the Secretary of 

15 Health and Human Services, the Secretary of State, the At16 torney General, and independent child welfare and family 

17 law experts, shall develop and provide training on the pro18 tections required under sections 3803 and 3804 to all per19 sonnel of the Department, cooperating entities, and deten20 tion facilities operated by or under agreement with the De21 partment who regularly engage in immigration enforcement 

22 actions and in the course of such actions come into contact 

23 with individuals who are parents or primary caregivers of 

24 children in the United States. 


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1 SEC. 3806. RULEMAKING. 

2 Not later than 180 days after the date of the enactment 

3 of this Act, the Secretary shall promulgate regulations to 

4 implement sections 3803 and 3804 of this Act. 

5 SEC. 3807. SEVERABILITY. 

6 If any provision of this subtitle or amendment made 

7 by this subtitle, or the application of a provision or amend8 ment to any person or circumstance, is held to be unconsti9 tutional, the remainder of this subtitle and amendments 

10 made by this subtitle, and the application of the provisions 

11 and amendment to any person or circumstance, shall not 

12 be affected by the holding. 

13 TITLE IV—REFORMS TO NON14 IMMIGRANT VISA PROGRAMS 

15 Subtitle A—Employment-based 

16 Nonimmigrant Visas 

17 SEC. 4101. MARKET-BASED H–1B VISA LIMITS. 

18 (a) IN GENERAL.—Section 214(g) (8 U.S.C. 1184(g)) 

19 is amended— 

20 (1) in paragraph (1)— 

21 (A) in the matter preceding subparagraph 

22 (A), by striking ‘‘(beginning with fiscal year 

23 1992)’’; and 

24 (B) by amending subparagraph (A) to read 

25 as follows: 


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1 ‘‘(A) under section 101(a)(15)(H)(i)(b) may 

2 not exceed the sum of— 

3 ‘‘(i) the base allocation calculated 

4 under paragraph (9)(A); and 

5 ‘‘(ii) the allocation adjustment cal6 culated under paragraph (9)(B); and’’; 

7 (2) by redesignating paragraph (10) as subpara8 graph (D) of paragraph (9); 

9 (3) by redesignating paragraph (9) as para10 graph (10); and 

11 (4) by inserting after paragraph (8) the fol12 lowing: 

13 ‘‘(9)(A) Except as provided in subparagraph (C), the 

14 base allocation of nonimmigrant visas under section 

15 101(a)(15)(H)(i)(b) for each fiscal year shall be equal to— 

16 ‘‘(i) the sum of— 

17 ‘‘(I) the base allocation for the most recently 

18 completed fiscal year; and 

19 ‘‘(II) the allocation adjustment under sub20 paragraph (B) for the most recently completed 

21 fiscal year; 

22 ‘‘(ii) if the number calculated under clause (i) is 

23 less than 115,000, 115,000; or 

24 ‘‘(iii) if the number calculated under clause (i) 

25 is more than 180,000, 180,000. 


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1 ‘‘(B)(i) If the number of cap-subject nonimmigrant 

2 visa petitions accepted for filing under section 

3 101(a)(15)(H)(i)(b) during the first 45 days petitions may 

4 be filed for a fiscal year is equal to the base allocation for 

5 such fiscal year, an additional 20,000 such visas shall be 

6 made available beginning on the 46th day on which peti7 tions may be filed for such fiscal year. 

8 ‘‘(ii) If the base allocation of cap-subject non9 immigrant visa petitions accepted for filing under section 

10 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

11 15-day period ending on the 60th day on which petitions 

12 may be filed for such fiscal year, an additional 15,000 such 

13 visas shall be made available beginning on the 61st day 

14 on which petitions may be filed for such fiscal year. 

15 ‘‘(iii) If the base allocation of cap-subject non16 immigrant visa petitions accepted for filing under section 

17 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

18 30-day period ending on the 90th day on which petitions 

19 may be filed for such fiscal year, an additional 10,000 such 

20 visas shall be made available beginning on the 91st day 

21 on which petitions may be filed for such fiscal year. 

22 ‘‘(iv) If the base allocation of cap-subject non23 immigrant visa petitions accepted for filing under section 

24 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

25 185-day period ending on the 275th day on which petitions 


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1 may be filed for such fiscal year, an additional 5,000 such 

2 visas shall be made available beginning on the date on 

3 which such allocation is reached. 

4 ‘‘(v) If the number of cap-subject nonimmigrant visa 

5 petitions accepted for filing under section 

6 101(a)(15)(H)(i)(b) for a fiscal year is at least 5,000 fewer 

7 than the base allocation, but is not more than 9,999 fewer 

8 than the base allocation, the allocation adjustment for the 

9 following fiscal year shall be -5,000. 

10 ‘‘(vi) If the number of cap-subject nonimmigrant visa 

11 petitions accepted for filing under section 

12 101(a)(15)(H)(i)(b) for a fiscal year is at least 10,000 fewer 

13 than the base allocation, but not more than 14,999 fewer 

14 than the base allocation, the allocation adjustment for the 

15 following fiscal year shall be -10,000. 

16 ‘‘(vii) If the number of cap-subject nonimmigrant visa 

17 petitions accepted for filing under section 

18 101(a)(15)(H)(i)(b) for a fiscal year is at least 15,000 fewer 

19 than the base allocation, but not more than 19,999 fewer 

20 than the base allocation, the allocation adjustment for the 

21 following fiscal year shall be -15,000. 

22 ‘‘(viii) If the number of cap-subject nonimmigrant visa 

23 petitions accepted for filing under section 

24 101(a)(15)(H)(i)(b) for a fiscal year is at least 20,000 fewer 


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1 than the base allocation, the allocation adjustment for the 

2 following fiscal year shall be -20,000. 

3 ‘‘(C) No allocation adjustment may take place under 

4 any of clauses (i) through (iv) of subparagraph (B) to make 

5 additional visas available for any fiscal year in which the 

6 national occupational unemployment rate for ‘Manage7 ment, Professional, and Related Occupations’, as published 

8 by the Bureau of Labor Statistics each month, averages 4.5 

9 percent or greater over the 12-month period preceding the 

10 date of the Secretary’s determination of whether the cap 

11 should be increased or decreased.’’. 

12 (b) INCREASE IN ALLOCATION FOR STEM NON13 IMMIGRANTS.—Section 214(g)(5)(C) (8 U.S.C. 

14 1184(g)(5)(C)) is amended to read as follows: 

15 ‘‘(C) has earned a master’s or higher degree, in 

16 a field of science, technology, engineering, or math in17 cluded in the Department of Education’s Classifica18 tion of Instructional Programs taxonomy within the 

19 summary groups of computer and information 

20 sciences and support services, engineering, mathe21 matics and statistics, biological and biomedical 

22 sciences, and physical sciences, from a United States 

23 institution of higher education (as defined in section 

24 101(a) of the Higher Education Act of 1965 (20 

25 U.S.C. 1001(a)) until the number of aliens who are 


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1 exempted from such numerical limitation during such 

2 year exceed 25,000.’’. 

3 (c) PUBLICATION.— 

4 (1) DATA SUMMARIZING PETITIONS.—The Sec5 retary shall timely upload to a public website data 

6 that summarizes the adjudication of nonimmigrant 

7 petitions under section 101(a)(15)(H)(i)(b) of the Im8 migration and Nationality Act (8 U.S.C. 

9 1101(a)(15)(H)(i)(b)) during each fiscal year. 

10 (2) ANNUAL NUMERICAL LIMITATION.—As soon 

11 as practicable and no later than March 2 of each fis12 cal year, the Secretary shall publish in the Federal 

13 Register the numerical limitation determined under 

14 section 214(g)(1)(A) for such fiscal year. 

15 (d) EFFECTIVE DATE AND APPLICATION.—The amend16 ments made by subsection (a) shall take effect on the first 

17 day of the first fiscal year beginning after the date of the 

18 enactment of this Act and apply to applications for non19 immigrant visas under section 101(a)(15)(H)(i)(b) of the 

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

21 1101(a)(15)(H)(i)(b)) for such fiscal year. 

22 SEC. 4102. EMPLOYMENT AUTHORIZATION FOR DEPEND23 ENTS OF EMPLOYMENT-BASED NON24 IMMIGRANTS. 

25 Section 214(c) (8 U.S.C. 1184(c)) is amended— 


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1 (1) by striking ‘‘Attorney General’’ each place 

2 such term appears and inserting ‘‘Secretary of Home3 land Security’’; and 

4 (2) in paragraph (2), by amending subpara5 graph (E) to read as follows: 

6 ‘‘(E)(i) In the case of an alien spouse admitted under 

7 section 101(a)(15)(L), who is accompanying or following 

8 to join a principal alien admitted under such section, the 

9 Secretary of Homeland Security shall— 

10 ‘‘(I) authorize the alien spouse to engage in em11 ployment in the United States; and 

12 ‘‘(II) provide the spouse with an ‘employment 

13 authorized’ endorsement or other appropriate work 

14 permit. 

15 ‘‘(ii) In the case of an alien spouse admitted under 

16 section 101(a)(15)(H)(i)(b), who is accompanying or fol17 lowing to join a principal alien admitted under such sec18 tion, the Secretary of Homeland Security shall— 

19 ‘‘(I) authorize the alien spouse to engage in em20 ployment in the United States; and 

21 ‘‘(II) provide such a spouse with an ‘employment 

22 authorized’ endorsement or other appropriate work 

23 permit, if appropriate. 

24 ‘‘(iii)(I) Upon the request of the Secretary of State, 

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1 ment authorizations under clause (ii) to nationals of a for2 eign country that does not permit reciprocal employment 

3 to nationals of the United States who are accompanying 

4 or following to join the employment-based nonimmigrant 

5 husband or wife of such spouse to be employed in such for6 eign country based on that status. 

7 ‘‘(II) In subclause (I), the term ‘employment-based 

8 nonimmigrant’ means an individual who is admitted to a 

9 foreign country to perform employment similar to the em10 ployment described in section 101(a)(15)(H)(i)(b).’’. 

11 SEC. 4103. ELIMINATING IMPEDIMENTS TO WORKER MOBIL12 ITY. 

13 (a) DEFERENCE TO PRIOR APPROVALS.—Section 

14 214(c) (8 U.S.C. 1184(c)), as amended by section 4102, is 

15 further amended by adding at the end the following: 

16 ‘‘(15) Subject to paragraph (2)(D) and subsection (g) 

17 and section 104(c) and subsections (a) and (b) of section 

18 106 of the American Competitiveness in the Twenty-first 

19 Century Act of 2000 (Public Law 106–313; 8 U.S.C. 1184 

20 note), the Secretary of Homeland Security shall give def21 erence to a prior approval of a petition in reviewing a peti22 tion to extend the status of a nonimmigrant admitted under 

23 subparagraph (H)(i)(b) or (L) of section 101(a)(15) if the 

24 petition involves the same alien and petitioner unless the 

25 Secretary determines that— 


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1 ‘‘(A) there was a material error with regard to 

2 the previous petition approval; 

3 ‘‘(B) a substantial change in circumstances has 

4 taken place; 

5 ‘‘(C) new material information has been discov6 ered that adversely impacts the eligibility of the em7 ployer or the nonimmigrant; or 

8 ‘‘(D) in the Secretary’s discretion, such extension 

9 should not be approved.’’. 

10 (b) EFFECT OF EMPLOYMENT TERMINATION.—Section 

11 214(n) (8 U.S.C. 1184(n)) is amended by adding at the end 

12 the following: 

13 ‘‘(3) A nonimmigrant admitted under section 

14 101(a)(15)(H)(i)(b) whose employment relationship termi15 nates before the expiration of the nonimmigrant’s period of 

16 authorized admission shall be deemed to have retained such 

17 legal status throughout the entire 60-day period beginning 

18 on the date such employment is terminated. A non19 immigrant who files a petition to extend, change, or adjust 

20 their status at any point during such period shall be deemed 

21 to have lawful status under section 101(a)(15)(H)(i)(b) 

22 while that petition is pending.’’. 

23 (c) VISA REVALIDATION.—Section 222(c) (8 U.S.C. 

24 1202(c)) is amended— 

25 (1) by inserting ‘‘(1)’’ before ‘‘Every alien’’; and 


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

2 ‘‘(2) The Secretary of State may, at the Secretary’s 

3 discretion, renew in the United States the visa of an alien 

4 admitted under subparagraph (A), (E), (G), (H), (I), (L), 

5 (N), (O), (P), (R), or (W) of section 101(a)(15) if the alien 

6 has remained eligible for such status and qualifies for a 

7 waiver of interview as provided for in subsection 

8 (h)(1)(D).’’. 

9 (d) INTERVIEW WAIVERS FOR LOW RISK VISA APPLI10 CANTS.—Section 222(h)(1) (8 U.S.C. 1202(h)(1)) is amend11 ed— 

12 (1) in subparagraph (B)(iv), by striking ‘‘or’’ at 

13 the end; 

14 (2) in subparagraph (C)(ii), by striking ‘‘and’’ 

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

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

17 ‘‘(D) by the Secretary of State, in consulta18 tion with the Secretary of Homeland Security, 

19 for such aliens or classes of aliens— 

20 ‘‘(i) that the Secretary determines gen21 erally represent a low security risk; 

22 ‘‘(ii) for which an in-person interview 

23 would not add material benefit to the adju24 dication process; 


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1 ‘‘(iii) unless the Secretary of State, 

2 after a review of all standard database and 

3 biometric checks, the visa application, and 

4 other supporting documents, determines that 

5 an interview is unlikely to reveal deroga6 tory information; and 

7 ‘‘(iv) except that in every case, the Sec8 retary of State retains the right to require 

9 an applicant to appear for an interview; 

10 and’’. 

11 SEC. 4104. STEM EDUCATION AND TRAINING. 

12 (a) FEE.—Section 212(a)(5)(A) (8 U.S.C. 

13 1182(a)(5)(A)) is amended by adding at the end the fol14 lowing: 

15 ‘‘(v) FEE.—An employer shall submit, 

16 along with an application for a certifi17 cation under this subparagraph, a fee of 

18 $1,000, which shall be deposited in the 

19 STEM Education and Training Account es20 tablished under section 286(w).’’. 

21 (b) H–1B NONIMMIGRANT PETITIONER ACCOUNT.— 

22 Section 286(s) (8 U.S.C. 1356(s)) is amended by striking 

23 paragraphs (3) and (4) and inserting the following: 

24 ‘‘(3) LOW-INCOME STEM SCHOLARSHIP PRO25 GRAM.— 


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1 ‘‘(A) IN GENERAL.—Thirty percent of the 

2 amounts deposited into the H–1B Nonimmigrant 

3 Petitioner Account shall remain available to the 

4 Director of the National Science Foundation 

5 until expended for scholarships described in sec6 tion 414(d) of the American Competitiveness and 

7 Workforce Improvement Act of 1998 (42 U.S.C. 

8 1869c) for low-income students enrolled in a pro9 gram of study leading to a degree in science, 

10 technology, engineering, or mathematics. 

11 ‘‘(B) STEM EDUCATION FOR UNDERREP12 RESENTED.—The Director shall work in con13 sultation with, or direct scholarship funds 

14 through, national nonprofit organizations that 

15 primarily focus on science, technology, engineer16 ing, or mathematics education for underrep17 resented groups, such as women and minorities. 

18 ‘‘(C) LOAN FORGIVENESS.—The Director 

19 may expend funds from the Account for purposes 

20 of loan forgiveness or repayment of student loans 

21 which led to a low-income student obtaining a 

22 degree in science, technology, engineering, mathe23 matics, or other high demand fields. 


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1 ‘‘(4) NATIONAL SCIENCE FOUNDATION GRANT

2 PROGRAM FOR K–12 SCIENCE, TECHNOLOGY, ENGI3 NEERING, AND MATHEMATICS EDUCATION.— 

4 ‘‘(A) IN GENERAL.—Ten percent of the 

5 amounts deposited into the H–1B Nonimmigrant 

6 Petitioner Account shall remain available to the 

7 Director of the National Science Foundation 

8 until expended to carry out a direct or matching 

9 grant program to support improvement in K–12 

10 education, including through private-public 

11 partnerships. Grants awarded pursuant to this 

12 paragraph shall include formula based grants 

13 that target lower income populations with a 

14 focus on reaching women and minorities. 

15 ‘‘(B) TYPES OF PROGRAMS COVERED.—The 

16 Director shall award grants to programs that— 

17 ‘‘(i) support the development and im18 plementation of standards-based instruc19 tional materials models and related student 

20 assessments that enable K–12 students to 

21 acquire an understanding of science, tech22 nology, engineering, and mathematics, and 

23 to develop critical thinking skills; 

24 ‘‘(ii) provide systemic improvement in 

25 training K–12 teachers and education for 


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1 students in science, technology, engineering, 

2 and mathematics, including by supporting 

3 efforts to promote gender-equality among 

4 students receiving such instruction; 

5 ‘‘(iii) support the professional develop6 ment of K–12 science, technology, engineer7 ing, and mathematics teachers in the use of 

8 technology in the classroom; 

9 ‘‘(iv) stimulate systemwide K–12 re10 form of science, technology, engineering, and 

11 mathematics in urban, rural, and economi12 cally disadvantaged regions of the United 

13 States; 

14 ‘‘(v) provide externships and other op15 portunities for students to increase their ap16 preciation and understanding of science, 

17 technology, engineering, and mathematics 

18 (including summer institutes sponsored by 

19 an institution of higher education for stu20 dents in grades 7 through 12 that provide 

21 instruction in such fields); 

22 ‘‘(vi) involve partnerships of industry, 

23 educational institutions, and national or 

24 regional community based organizations 

25 with demonstrated experience addressing the 


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1 educational needs of disadvantaged commu2 nities; 

3 ‘‘(vii) provide college preparatory sup4 port to expose and prepare students for ca5 reers in science, technology, engineering, 

6 and mathematics; or 

7 ‘‘(viii) provide for carrying out sys8 temic reform activities under section 3(a)(1) 

9 of the National Science Foundation Act of 

10 1950 (42 U.S.C. 1862(a)(1)).’’. 

11 (c) USE OF FEE.—Section 286 (8 U.S.C. 1356) is 

12 amended by adding at the end the following: 

13 ‘‘(w) STEM EDUCATION AND TRAINING ACCOUNT.— 

14 ‘‘(1) IN GENERAL.—There is established in the 

15 general fund of the Treasury a separate account, 

16 which shall be known as the ‘STEM Education and 

17 Training Account’. Notwithstanding any other section 

18 of this title, there shall be deposited as offsetting re19 ceipts into the Account all of the fees collected under 

20 section 212(a)(5)(A)(v). 

21 ‘‘(2) PURPOSES.— 

22 ‘‘(A) IN GENERAL.—The purposes of the 

23 STEM Education and Training Account are to 

24 enhance the economic competitiveness of the 

25 United States by— 


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1 ‘‘(i) strengthening STEM education, 

2 including in computer science, at all levels; 

3 ‘‘(ii) ensuring that schools have access 

4 to well-trained and effective STEM teachers; 

5 ‘‘(iii) supporting efforts to strengthen 

6 the elementary and secondary curriculum, 

7 including efforts to make courses in com8 puter science more broadly available; and 

9 ‘‘(iv) helping colleges and universities 

10 produce more graduates in fields needed by 

11 American employers. 

12 ‘‘(B) DEFINED TERM.—In this paragraph, 

13 the term ‘STEM education’ means instruction in 

14 a field of science, technology, engineering or 

15 math included in the Department of Education’s 

16 Classification of Instructional Programs tax17 onomy within the summary groups of computer 

18 and information sciences and support services, 

19 engineering, mathematics and statistics, biologi20 cal and biomedical sciences, and physical 

21 sciences. 

22 ‘‘(3) ALLOCATIONS TO STATES AND TERRI23 TORIES.— 

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1 portionately allocate 70 percent of the amounts 

2 deposited into the STEM Education and Train3 ing Account each fiscal year to the 50 States, the 

4 District of Columbia, the Commonwealth of 

5 Puerto Rico, Guam, the United States Virgin Is6 lands, American Samoa, and the Northern Mar7 iana Islands in an amount that bears the same 

8 relationship as the proportion the State, district, 

9 or territory received under subpart 2 of part A 

10 of title I of the Elementary and Secondary Edu11 cation Act of 1965 (20 U.S.C. 6331 et seq.) for 

12 the preceding fiscal year bears to the amount all 

13 States and territories received under that sub14 part for the preceding fiscal year. 

15 ‘‘(B) MINIMUM ALLOCATIONS.—No State or 

16 territory shall receive less than an amount equal 

17 to 0.5 percent of the total amount made available 

18 to all States from the STEM Education and 

19 Training Account. If a State or territory does 

20 not request an allocation from the Account for a 

21 fiscal year, the Secretary shall reallocate the 

22 State’s allocation to the remaining States and 

23 territories in accordance with this paragraph. 

24 ‘‘(C) USE OF FUNDS.—Amounts allocated 

25 pursuant to this paragraph may be used for the 


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1 activities described in section 4104(c) of the Bor2 der Security, Economic Opportunity, and Immi3 gration Modernization Act. 

4 ‘‘(4) STEM CAPACITY BUILDING AT MINORITY5 SERVING INSTITUTIONS.— 

6 ‘‘(A) IN GENERAL.—The Secretary of Edu7 cation shall allocate 20 percent of the amounts 

8 deposited into the STEM Education and Train9 ing Account to establish or expand programs to 

10 award grants to institutions described in sub11 paragraph (C)— 

12 ‘‘(i) to enhance the quality of under13 graduate science, technology, engineering, 

14 and mathematics education at such institu15 tions; and 

16 ‘‘(ii) to increase the retention and 

17 graduation rates of students pursuing de18 grees in such fields at such institutions. 

19 ‘‘(B) TYPES OF PROGRAMS COVERED.— 

20 Grants awarded under this paragraph shall be 

21 awarded to— 

22 ‘‘(i) minority-serving institutions of 

23 higher education for— 


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1 ‘‘(I) activities to improve courses 

2 and curriculum in science, technology, 

3 engineering, and mathematics; 

4 ‘‘(II) efforts to promote gender 

5 equality among students enrolled in 

6 such courses; 

7 ‘‘(III) faculty development; 

8 ‘‘(IV) stipends for undergraduate 

9 students participating in research; and 

10 ‘‘(V) other activities consistent 

11 with subparagraph (A), as determined 

12 by the Secretary of Education; and 

13 ‘‘(ii) to other institutions of higher 

14 education to partner with the institutions 

15 described in clause (i) for— 

16 ‘‘(I) faculty and student develop17 ment and exchange; 

18 ‘‘(II) research infrastructure de19 velopment; 

20 ‘‘(III) joint research projects; and 

21 ‘‘(IV) identification and develop22 ment of minority and low-income can23 didates for graduate studies in science, 

24 technology, engineering, and mathe25 matics degree programs. 


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1 ‘‘(C) INSTITUTIONS INCLUDED.—In this 

2 paragraph, the term ‘institutions’ shall in3 clude— 

4 ‘‘(i) colleges eligible to receive funds 

5 under the Act of August 30, 1890 (7 U.S.C. 

6 321–326a and 328), including Tuskegee 

7 University; 

8 ‘‘(ii) 1994 Institutions, as defined in 

9 section 532 of the Equity in Educational 

10 Land-Grant Status Act of 1994 (7 U.S.C. 

11 301 note); 

12 ‘‘(iii) part B institutions (as defined 

13 in section 322 of the Higher Education Act 

14 of 1965 (20 U.S.C. 1061)); and 

15 ‘‘(iv) Hispanic-serving institutions, as 

16 defined in section 502(a)(5) of the Higher 

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

18 1101a(a)(5)). 

19 ‘‘(D) GRANTING OF BONDING AUTHORITY.— 

20 A recipient of a grant awarded under this para21 graph is authorized to utilize such funds for the 

22 issuance of bonds to fund research infrastructure 

23 development. 

24 ‘‘(E) LOAN FORGIVENESS.—The Director 

25 may expend funds from the allocation under this 


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1 paragraph for purposes of loan forgiveness or re2 payment of student loans which led to a low-in3 come student obtaining a degree in science, tech4 nology, engineering, mathematics, or other high 

5 demand fields. 

6 ‘‘(5) WORKFORCE INVESTMENT.—The Secretary 

7 of Education shall allocate 5 percent of the amounts 

8 deposited into the STEM Education and Training 

9 Account to the Secretary of Labor until expended for 

10 statewide workforce investment activities that may 

11 also benefit veterans and their spouses, including 

12 youth activities and statewide employment and train13 ing and activities for adults and dislocated workers 

14 described in section 128(a) of the Workforce Invest15 ment Act of 1998 (29 U.S.C. 2853(a)), and the devel16 opment of licensing and credentialing programs. 

17 ‘‘(6) AMERICAN DREAM ACCOUNTS.—The Sec18 retary of Education shall allocate 3 percent of the 

19 amounts deposited into the STEM Education and 

20 Training Account to award grants, on a competitive 

21 basis, to eligible entities to enable such eligible entities 

22 to establish and administer American Dream Ac23 counts under section 4104(e) of the Illegal Immigra24 tion Reform and Immigrant Responsibility Act of 

25 1996. 


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1 ‘‘(7) ADMINISTRATION EXPENSES.—The Sec2 retary of Education may expend up to 2 percent of 

3 the amounts deposited into the STEM Education and 

4 Training Account for administrative expenses, includ5 ing conducting an annual evaluation of the imple6 mentation and impact of the activities funded by the 

7 STEM Education and Training Account as required 

8 under section 4104(c)(3) of the Border Security, Eco9 nomic Opportunity, and Immigration Modernization 

10 Act.’’. 

11 (d) STEM EDUCATION GRANTS.— 

12 (1) APPLICATION PROCESS.— 

13 (A) IN GENERAL.—Each Governor and 

14 Chief State School Officer desiring an allocation 

15 from the STEM Education and Training Ac16 count under section 286(w)(3) of the Immigra17 tion and Nationality Act, as added by subsection 

18 (b), shall jointly submit a plan, including a pro19 posed budget, signed by the Governor and Chief 

20 State School Officer, to the Secretary of Edu21 cation at such time, in such form, and including 

22 such information as the Secretary of Education 

23 may prescribe pursuant to subparagraph (B). 

24 The plan shall describe how the State plans to 


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1 improve STEM education to meet the needs of 

2 students and employers in the State. 

3 (B) RULEMAKING.—The Secretary of Edu4 cation shall issue a rule, through a rulemaking 

5 procedure that complies with section 553 of title 

6 5, United States Code, prescribing the informa7 tion that should be included in the State plans 

8 submitted under subparagraph (A). 

9 (2) ALLOWABLE ACTIVITIES.—A State, district, 

10 or territory that receives funding from the STEM 

11 Education and Training Account may use such fund12 ing to develop and implement science, technology, en13 gineering, and mathematics (STEM) activities to 

14 serve students, including students of underrepresented 

15 groups such as minorities, economically disadvan16 taged, and females by— 

17 (A) strengthening the State’s STEM aca18 demic achievement standards; 

19 (B) implementing strategies for the recruit20 ment, training, placement, and retention of 

21 teachers in STEM fields, including computer 

22 science; 

23 (C) carrying out initiatives designed to as24 sist students in succeeding and graduating from 

25 postsecondary STEM programs; 


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1 (D) improving the availability and access 

2 to STEM-related worker training programs, in3 cluding community college courses and pro4 grams; 

5 (E) forming partnerships with higher edu6 cation, economic development, workforce, indus7 try, and local educational agencies; or 

8 (F) engaging in other activities, as deter9 mined by the State, in consultation with busi10 nesses and State agencies, to improve STEM 

11 education. 

12 (3) NATIONAL EVALUATION.— 

13 (A) IN GENERAL.—Using amounts allocated 

14 under section 286(w)(7) of the Immigration and 

15 Nationality Act, as added by subsection (b), the 

16 Secretary of Education shall conduct, directly or 

17 through a grant or contract, an annual evalua18 tion of the implementation and impact of the ac19 tivities funded by the STEM Education and 

20 Training Account. 

21 (B) ANNUAL REPORT.—The Secretary shall 

22 submit a report describing the results of each 

23 evaluation conducted under subparagraph (A) 

24 to— 

25 (i) the President; 


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1 (ii) the Committee on the Judiciary of 

2 the Senate; 

3 (iii) the Committee on the Judiciary of 

4 the House of Representatives; 

5 (iv) the Committee on Health, Edu6 cation, Labor, and Pensions of the Senate; 

7 and 

8 (v) the Committee on Education and 

9 the Workforce of the House of Representa10 tives. 

11 (C) DISSEMINATION.—The Secretary shall 

12 make the findings of the evaluation widely avail13 able to educators, the business community, and 

14 the public. 

15 (4) RULE OF CONSTRUCTION.—Nothing in this 

16 subsection may be construed to permit the Secretary 

17 of Education or any other Federal official to approve 

18 the content or academic achievement standards of a 

19 State. 

20 (e) AMERICAN DREAM ACCOUNTS.— 

21 (1) DEFINITIONS.—In this subsection: 

22 (A) AMERICAN DREAM ACCOUNT.—The term 

23 ‘‘American Dream Account’’ means a personal 

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1 itors higher education readiness and includes a 

2 college savings account. 

3 (B) APPROPRIATE COMMITTEES OF CON4 GRESS.—The term ‘‘appropriate committees of 

5 Congress’’ means— 

6 (i) the Committee on Health, Edu7 cation, Labor, and Pensions of the Senate; 

8 (ii) the Committee on Appropriations 

9 of the Senate; 

10 (iii) the Committee on Finance of the 

11 Senate; 

12 (iv) the Committee on Education and 

13 the Workforce of the House of Representa14 tives; 

15 (v) the Committee on Appropriations 

16 of the House of Representatives; 

17 (vi) the Committee on Ways and 

18 Means of the House of Representatives; and 

19 (vii) any other committee of the Senate 

20 or House of Representatives that the Sec21 retary determines appropriate. 

22 (C) COLLEGE SAVINGS ACCOUNT.—The term 

23 ‘‘college savings account’’ means a savings ac24 count that— 


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1 (i) provides some tax-preferred accu2 mulation; 

3 (ii) is widely available (such as Quali4 fied Tuition Programs under section 529 of 

5 the Internal Revenue Code of 1986 or Cover6 dell Education Savings Accounts under sec7 tion 530 of the Internal Revenue Code of 

8 1986); and 

9 (iii) contains funds that may be used 

10 only for the costs associated with attending 

11 an institution of higher education, includ12 ing— 

13 (I) tuition and fees; 

14 (II) room and board; 

15 (III) textbooks; 

16 (IV) supplies and equipment; and 

17 (V) internet access. 

18 (D) DUAL ENROLLMENT PROGRAM.—The 

19 term ‘‘dual enrollment program’’ means an aca20 demic program through which a secondary school 

21 student is able simultaneously to earn credit to22 ward a secondary school diploma and a postsec23 ondary degree or credential. 

24 (E) ELIGIBLE ENTITY.—The term ‘‘eligible 

25 entity’’ means— 


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1 (i) a State educational agency; 

2 (ii) a local educational agency; 

3 (iii) a charter school or charter man4 agement organization; 

5 (iv) an institution of higher education; 

6 (v) a nonprofit organization; 

7 (vi) an entity with demonstrated expe8 rience in educational savings or in assisting 

9 low-income students to prepare for, and at10 tend, an institution of higher education; or 

11 (vii) a consortium of 2 or more of the 

12 entities described in clause (i) through (vi). 

13 (F) ESEA DEFINITIONS.—The terms ‘‘local 

14 educational agency’’, ‘‘parent’’, and ‘‘State edu15 cational agency’’ have the meanings given the 

16 terms in section 9101 of the Elementary and 

17 Secondary Education Act of 1965 (20 U.S.C. 

18 7801) and the term ‘‘charter school’’ has the 

19 meaning given the term in section 5210 of such 

20 Act. 

21 (G) INSTITUTION OF HIGHER EDUCATION.— 

22 The term ‘‘institution of higher education’’ has 

23 the meaning given the term in section 101(a) of 

24 the Higher Education Act of 1965 (20 U.S.C. 

25 1001(a)). 


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1 (H) LOW-INCOME STUDENT.—The term 

2 ‘‘low-income student’’ means a student who is el3 igible to receive a free or reduced price lunch 

4 under the Richard B. Russell National School 

5 Lunch Act (42 U.S.C. 1751 et seq.). 

6 (2) GRANT PROGRAM.— 

7 (A) PROGRAM AUTHORIZED.—The Sec8 retary of Education is authorized to award 

9 grants, on a competitive basis, to eligible entities 

10 to enable such eligible entities to establish and 

11 administer American Dream Accounts for a 

12 group of low-income students. 

13 (B) RESERVATION.—From the amount 

14 made available each fiscal year to carry out this 

15 section under section 286(w)(6) of the Immigra16 tion and Nationality Act, the Secretary of Edu17 cation shall reserve not more than 5 percent of 

18 such amount to carry out the evaluation activi19 ties described in paragraph (5)(A). 

20 (C) DURATION.—A grant awarded under 

21 this subsection shall be for a period of not more 

22 than 3 years. The Secretary of Education may 

23 extend such grant for an additional 2-year pe24 riod if the Secretary of Education determines 

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1 cant progress, based on the factors described in 

2 paragraph (3)(B)(xi). 

3 (3) APPLICATIONS; PRIORITY.— 

4 (A) IN GENERAL.—Each eligible entity de5 siring a grant under this subsection shall submit 

6 an application to the Secretary of Education at 

7 such time, in such manner, and containing such 

8 information as the Secretary of Education may 

9 require. 

10 (B) CONTENTS.—The application described 

11 in subparagraph (A) shall include— 

12 (i) a description of the characteristics 

13 of a group of not less than 30 low-income 

14 public school students who— 

15 (I) are, at the time of the applica16 tion, attending a grade not higher than 

17 grade 9; and 

18 (II) will, under the grant, receive 

19 an American Dream Account; 

20 (ii) a description of how the eligible 

21 entity will engage, and provide support 

22 (such as tutoring and mentoring for stu23 dents, and training for teachers and other 

24 stakeholders) either online or in person, 

25 to— 


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1 (I) the students in the group de2 scribed in clause (i); 

3 (II) the family members and 

4 teachers of such students; and 

5 (III) other stakeholders such as 

6 school administrators and school coun7 selors; 

8 (iii) an identification of partners who 

9 will assist the eligible entity in establishing 

10 and sustaining American Dream Accounts; 

11 (iv) a description of what experience 

12 the eligible entity or the eligible entity’s 

13 partners have in managing college savings 

14 accounts, preparing low-income students for 

15 postsecondary education, managing online 

16 systems, and teaching financial literacy; 

17 (v) a description of how the eligible en18 tity will help increase the value of the col19 lege savings account portion of each Amer20 ican Dream Account, such as by providing 

21 matching funds or incentives for academic 

22 achievement; 

23 (vi) a description of how the eligible 

24 entity will notify each participating student 

25 in the group described in subparagraph (A), 


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1 on a semiannual basis, of the current bal2 ance and status of the student’s college sav3 ings account portion of the student’s Amer4 ican Dream Account; 

5 (vii) a plan that describes how the eli6 gible entity will monitor participating stu7 dents in the group described in clause (i) to 

8 ensure that each student’s American Dream 

9 Account will be maintained if a student in 

10 such group changes schools before grad11 uating from secondary school; 

12 (viii) a plan that describes how the 

13 American Dream Accounts will be managed 

14 for not less than 1 year after a majority of 

15 the students in the group described in clause 

16 (i) graduate from secondary school; 

17 (ix) a description of how the eligible 

18 entity will encourage students in the group 

19 described in clause (i) who fail to graduate 

20 from secondary school to continue their edu21 cation; 

22 (x) a description of how the eligible en23 tity will evaluate the grant program, in24 cluding by collecting, as applicable, data 

25 about the students in the group described in 


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1 clause (i) during the grant period, and, if 

2 sufficient grant funds are available, after 

3 the grant period, including 

4 (I) attendance rates; 

5 (II) progress reports; 

6 (III) grades and course selections; 

7 (IV) the student graduation rate 

8 (as defined in section 1111 

9 (b)(2)(C)(vi) of the Elementary and 

10 Secondary Education Act of 1965 (20 

11 U.S.C. 6311(b)(2)(C)(vi))); 

12 (V) rates of student completion of 

13 the Free Application for Federal Stu14 dent Aid described in section 483 of the 

15 Higher Education Act of 1965 (20 

16 U.S.C. 1090); 

17 (VI) rates of enrollment in an in18 stitution of higher education; and 

19 (VII) rates of completion at an 

20 institution of higher education; 

21 (xi) a description of what will happen 

22 to the funds in the college savings account 

23 portion of the American Dream Accounts 

24 that are dedicated to participating students 

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1 ulated at an institution of higher education 

2 at the time of the conclusion of the period 

3 of American Dream Account management 

4 described in clause (viii); 

5 (xii) a description of how the eligible 

6 entity will ensure that funds in the college 

7 savings account portion of the American 

8 Dream Accounts will not make families in9 eligible for public assistance; and 

10 (xiii) a description of how the eligible 

11 entity will ensure that participating stu12 dents described in clause (i) will have access 

13 to the Internet; 

14 (C) PRIORITY.—In awarding grants under 

15 this subsection, the Secretary of Education shall 

16 give priority to applications from eligible enti17 ties that— 

18 (i) are described in paragraph 

19 (1)(E)(vii); 

20 (ii) serve the largest number of low-in21 come students; 

22 (iii) emphasize preparing students to 

23 pursue careers in science, technology, engi24 neering, or mathematics; or 


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1 (iv) in the case of an eligible entity de2 scribed in clause (i) or (ii) of paragraph 

3 (1)(E), provide opportunities for partici4 pating students described in clause (i) to 

5 participate in a dual enrollment program 

6 at no cost to the student. 

7 (4) AUTHORIZED ACTIVITIES.— 

8 (A) IN GENERAL.—An eligible entity that 

9 receives a grant under this subsection shall use 

10 such grant funds to establish an American 

11 Dream Account for each participating student 

12 described in paragraph (3)(B)(i), which will be 

13 used to— 

14 (i) open a college savings account for 

15 such student; 

16 (ii) monitor the progress of such stu17 dent online, which— 

18 (I) shall include monitoring stu19 dent data relating to— 

20 (aa) grades and course selec21 tions; 

22 (bb) progress reports; and 

23 (cc) attendance and discipli24 nary records; and 


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1 (II) may also include monitoring 

2 student data relating to a broad range 

3 of information, provided by teachers 

4 and family members, related to postsec5 ondary education readiness, access, 

6 and completion; 

7 (iii) provide opportunities for such stu8 dents, either online or in person, to learn 

9 about financial literacy, including by— 

10 (I) assisting such students in fi11 nancial planning for enrollment in an 

12 institution of higher education; and 

13 (II) assisting such students in 

14 identifying and applying for financial 

15 aid (such as loans, grants, and scholar16 ships) for an institution of higher edu17 cation; 

18 (iv) provide opportunities for such stu19 dents, either online or in person, to learn 

20 about preparing for enrollment in an insti21 tution of higher education, including by 

22 providing instruction to students about— 

23 (I) choosing the appropriate 

24 courses to prepare for postsecondary 

25 education; 


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1 (II) applying to an institution of 

2 higher education; 

3 (III) building a student portfolio, 

4 which may be used when applying to 

5 an institution of higher education; 

6 (IV) selecting an institution of 

7 higher education; 

8 (V) choosing a major for the stu9 dent’s postsecondary program of edu10 cation or a career path, including spe11 cific instruction on pursuing science, 

12 technology, engineering, and mathe13 matics majors; and 

14 (VI) adapting to life at an insti15 tution of higher education; and 

16 (v) provide opportunities for such stu17 dents, either online or in person, to identify 

18 skills or interests, including career interests. 

19 (B) ACCESS TO AMERICAN DREAM AC20 COUNT.— 

21 (i) IN GENERAL.—Subject to clause 

22 (iii) and (iv), and in accordance with ap23 plicable Federal laws and regulations relat24 ing to privacy of information and the pri25 vacy of children, an eligible entity that reVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01662 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 ceives a grant under this subsection shall 

2 allow vested stakeholders described in clause 

3 (ii), to have secure access, through the Inter4 net, to an American Dream Account. 

5 (ii) VESTED STAKEHOLDERS.—The 

6 vested stakeholders that an eligible entity 

7 shall permit to access an American Dream 

8 Account are individuals (such as the stu9 dent’s teachers, school counselors, counselors 

10 at an institution of higher education, school 

11 administrators, or other individuals) that 

12 are designated, in accordance with the 

13 Family Educational Rights and Privacy 

14 Act of 1974 (20 U.S.C. 1232g), by the par15 ent of a participating student in whose 

16 name such American Dream Account is 

17 held, as having permission to access the ac18 count. A student’s parent may withdraw 

19 such designation from an individual at any 

20 time. 

21 (iii) EXCEPTION FOR COLLEGE SAV22 INGS ACCOUNT.—An eligible entity that re23 ceives a grant under this subsection shall 

24 not be required to give vested stakeholders 

25 described in clause (ii), access to the college 


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1 savings account portion of a student’s 

2 American Dream Account. 

3 (iv) ADULT STUDENTS.—Notwith4 standing clause (i) through (iii), if a par5 ticipating student is age 18 or older, an eli6 gible entity that receives a grant under this 

7 subsection shall not provide access to such 

8 participating student’s American Dream 

9 Account without the student’s consent, in 

10 accordance with the Family Educational 

11 Rights and Privacy Act of 1974 (20 U.S.C. 

12 1232g). 

13 (v) INPUT OF STUDENT INFORMA14 TION.—Student data collected pursuant to 

15 subparagraph (A)(ii)(I) may only be en16 tered into an American Dream Account by 

17 a school administrator or such administra18 tor’s designee. 

19 (C) PROHIBITION ON USE OF STUDENT IN20 FORMATION.—An eligible entity that receives a 

21 grant under this subsection may not use any stu22 dent-level information or data for the purpose of 

23 soliciting, advertising, or marketing any finan24 cial or nonfinancial consumer product or service 


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1 that is offered by such eligible entity, or on be2 half of any other person. 

3 (D) LIMITATION ON THE USE OF GRANT

4 FUNDS.—An eligible entity shall not use more 

5 than 25 percent of the grant funds provided 

6 under this subsection to provide the initial de7 posit into a college savings account portion of a 

8 student’s American Dream Account. 

9 (5) REPORTS AND EVALUATIONS.— 

10 (A) IN GENERAL.—Not later than 1 year 

11 after the Secretary of Education has disbursed 

12 grants under this subsection, and annually there13 after, the Secretary of Education shall prepare 

14 and submit a report to the appropriate commit15 tees of Congress that includes an evaluation of 

16 the effectiveness of the grant program established 

17 under this subsection. 

18 (B) CONTENTS.—The report described in 

19 subparagraph (A) shall— 

20 (i) list the grants that have been 

21 awarded under paragraph (2)(A); 

22 (ii) include the number of students who 

23 have an American Dream Account estab24 lished through a grant awarded under para25 graph (2)(A); 


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1 (iii) provide data (including the inter2 est accrued on college savings accounts that 

3 are part of an American Dream Account) 

4 in the aggregate, regarding students who 

5 have an American Dream Account estab6 lished through a grant awarded under para7 graph (2)(A), as compared to similarly sit8 uated students who do not have an Amer9 ican Dream Account; 

10 (iv) identify best practices developed by 

11 the eligible entities receiving grants under 

12 this subsection; 

13 (v) identify any issues related to stu14 dent privacy and stakeholder accessibility to 

15 American Dream Accounts; 

16 (vi) provide feedback from partici17 pating students and the parents of such stu18 dents about the grant program, including— 

19 (I) the impact of the program; 

20 (II) aspects of the program that 

21 are successful; 

22 (III) aspects of the program that 

23 are not successful; and 

24 (IV) any other data required by 

25 the Secretary of Education; and 


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1 (vii) provide recommendations for ex2 panding the American Dream Accounts 

3 program. 

4 (6) ELIGIBILITY TO RECEIVE FEDERAL STUDENT

5 FINANCIAL AID.—Notwithstanding any other provi6 sion of law, any funds that are in the college savings 

7 account portion of a student’s American Dream Ac8 count shall not affect such student’s eligibility to re9 ceive Federal student financial aid, including any 

10 Federal student financial aid under the Higher Edu11 cation Act of 1965 (20 U.S.C. 1001), and shall not 

12 be considered in determining the amount of any such 

13 Federal student aid. 

14 (f) CONFORMING AMENDMENT.—Section 480(j) of the 

15 Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is 

16 amended by adding at the end the following: 

17 ‘‘(5) Notwithstanding paragraph (1), amounts 

18 made available under the college savings account por19 tion of an American Dream Account under section 

20 4105(e)(4) of the Illegal Immigration Reform and Im21 migrant Responsibility Act of 1996 shall not be treat22 ed as estimated financial assistance for purposes of 

23 section 471(3).’’. 

24 SEC. 4105. H–1B AND L VISA FEES. 

25 Section 281 (8 U.S.C. 1351) is amended— 


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1 (1) by striking ‘‘The fees’’ and inserting the fol2 lowing: 

3 ‘‘(a) IN GENERAL.—The fees’’; 

4 (2) by striking ‘‘: Provided, That nonimmigrant 

5 visas’’ and inserting the following: ‘‘. 

6 ‘‘(b) UNITED NATIONS VISITORS.—Nonimmigrant 

7 visas’’; 

8 (3) by striking ‘‘Subject to’’ and inserting the 

9 following: 

10 ‘‘(c) FEE WAIVERS OR REDUCTIONS.—Subject to’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(d) H–1B AND L VISA FEES.—In addition to the fees 

13 authorized under subsection (a), the Secretary of Homeland 

14 Security shall collect, from each employer (except for non15 profit research institutions and nonprofit educational insti16 tutions) filing a petition to hire nonimmigrants described 

17 in subparagraph (H)(i)(B) or (L) of section 101(a)(15), a 

18 fee in an amount equal to— 

19 ‘‘(1) $1,250 for each such petition filed by any 

20 employer with not more than 25 full-time equivalent 

21 employees in the United States; and 

22 ‘‘(2) $2,500 for each such petition filed by any 

23 employer with more than 25 such employees.’’. 


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1 Subtitle B—H–1B Visa Fraud and 

2 Abuse Protections 

3 CHAPTER 1—H–1B EMPLOYER 

4 APPLICATION REQUIREMENTS 

5 SEC. 4211. MODIFICATION OF APPLICATION REQUIRE6 MENTS. 

7 (a) GENERAL APPLICATION REQUIREMENTS.— 

8 (1) WAGE RATES.—Section 212(n)(1)(A) (8 

9 U.S.C. 1182(n)(1)(A)) is amended— 

10 (A) in clause (i)— 

11 (i) in the matter preceding subclause 

12 (I), by inserting ‘‘if the employer is not an 

13 H–1B-dependent employer,’’ before ‘‘is offer14 ing’’; 

15 (ii) in subclause (I), by striking ‘‘ques16 tion, or’’ and inserting ‘‘question; or’’; 

17 (iii) in subclause (II), by striking ‘‘em18 ployment,’’ and inserting ‘‘employment;’’ 

19 and 

20 (iv) in the undesignated material fol21 lowing subclause (II), by striking ‘‘applica22 tion, and’’ and inserting ‘‘application;’’; 

23 and 

24 (B) by striking clause (ii) and inserting the 

25 following: 


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1 ‘‘(ii) if the employer is an H–1B-dependent 

2 employer, is offering and will offer to H–1B 

3 nonimmigrants, during the period of authorized 

4 employment for each H–1B nonimmigrant, 

5 wages that are not less than the level 2 wages set 

6 out in subsection (p); and 

7 ‘‘(iii) will provide working conditions for 

8 H–1B nonimmigrants that will not adversely af9 fect the working conditions of other workers simi10 larly employed.’’. 

11 (2) STRENGTHENING THE PREVAILING WAGE

12 SYSTEM.—Section 212(p) (8 U.S.C. 1182(p)) is 

13 amended to read as follows: 

14 ‘‘(p) COMPUTATION OF PREVAILING WAGE LEVEL.— 

15 ‘‘(1) IN GENERAL.— 

16 ‘‘(A) SURVEYS.—For employers of non17 immigrants admitted pursuant to section 

18 101(a)(15)(H)(i)(b), the Secretary of Labor shall 

19 make available to employers a governmental sur20 vey to determine the prevailing wage for each oc21 cupational classification by metropolitan statis22 tical area in the United States. Such survey, or 

23 other survey approved by the Secretary of Labor, 

24 shall provide 3 levels of wages commensurate 

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1 vision. Such wage levels shall be determined as 

2 follows: 

3 ‘‘(i) The first level shall be the mean of 

4 the lowest two-thirds of wages surveyed, but 

5 in no case less than 80 percent of the mean 

6 of the wages surveyed. 

7 ‘‘(ii) The second level shall be the mean 

8 of wages surveyed. 

9 ‘‘(iii) The third level shall be the mean 

10 of the highest two-thirds of wages surveyed. 

11 ‘‘(B) EDUCATIONAL, NONPROFIT, RE12 SEARCH, AND GOVERNMENTAL ENTITIES.—In 

13 computing the prevailing wage level for an occu14 pational classification in an area of employment 

15 for purposes of section 203(b)(1)(D) and sub16 sections (a)(5)(A), (n)(1)(A)(i)(II), and 

17 (t)(1)(A)(i)(II) of this section in the case of an 

18 employee of— 

19 ‘‘(i) an institution of higher education, 

20 or a related or affiliated nonprofit entity; or 

21 ‘‘(ii) a nonprofit research organization 

22 or a governmental research organization; 

23 the prevailing wage level shall only take into ac24 count employees at such institutions and organi25 zations in the area of employment. 


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1 ‘‘(2) PAYMENT OF PREVAILING WAGE.—The pre2 vailing wage level required to be paid pursuant to 

3 section 203(b)(1)(D) and subsections (a)(5)(A), 

4 (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section 

5 shall be 100 percent of the wage level determined pur6 suant to those sections. 

7 ‘‘(3) PROFESSIONAL ATHLETE.—With respect to 

8 a professional athlete (as defined in subsection 

9 (a)(5)(A)(iii)(II)) when the job opportunity is covered 

10 by professional sports league rules or regulations, the 

11 wage set forth in those rules or regulations shall be 

12 considered as not adversely affecting the wages of 

13 United States workers similarly employed and shall 

14 be considered the prevailing wage. 

15 ‘‘(4) WAGES FOR H–2B EMPLOYEES.— 

16 ‘‘(A) IN GENERAL.—The wages paid to H– 

17 2B nonimmigrants employed by the employer 

18 will be the greater of— 

19 ‘‘(i) the actual wage level paid by the 

20 employer to other employees with similar 

21 experience and qualifications for such posi22 tion; or 

23 ‘‘(ii) the prevailing wage level for the 

24 occupational classification of the position in 

25 the geographic area of the employment, 


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1 based on the best information available as 

2 of the time of filing the application. 

3 ‘‘(B) BEST INFORMATION AVAILABLE.—In 

4 subparagraph (A), the term ‘best information 

5 available’, with respect to determining the pre6 vailing wage for a position, means— 

7 ‘‘(i) a controlling collective bargaining 

8 agreement or Federal contract wage, if ap9 plicable; 

10 ‘‘(ii) if there is no applicable wage 

11 under clause (i), the wage level commensu12 rate with the experience, training, and su13 pervision required for the job based on Bu14 reau of Labor Statistics data; or 

15 ‘‘(iii) if the data referred to in clause 

16 (ii) is not available, a legitimate and recent 

17 private survey of the wages paid for such 

18 positions in the metropolitan statistical 

19 area.’’. 

20 (3) WAGES FOR EDUCATIONAL, NONPROFIT, RE21 SEARCH, AND GOVERNMENTAL ENTITIES.—Section 

22 212 (8 U.S.C. 1182), as amended by sections 2312 

23 and 2313, is further amended by adding at the end 

24 the following: 


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1 ‘‘(x) DETERMINATION OF PREVAILING WAGE.—In the 

2 case of a nonprofit institution of higher education (as de3 fined in section 101(a) of the Higher Education Act of 1965 

4 (20 U.S.C. 1001(a))), a related or affiliated nonprofit enti5 ty, a nonprofit research organization, or a governmental 

6 research organization, the Secretary of Labor shall deter7 mine such wage levels as follows: 

8 ‘‘(1) If the Secretary of Labor uses, or makes 

9 available to employers, a governmental survey to de10 termine the prevailing wage, such survey shall pro11 vide at least 4 levels of wages commensurate with ex12 perience, education, and the level of supervision. 

13 ‘‘(2) If an existing government survey has only 

14 2 levels, 2 intermediate levels may be created by di15 viding by 3, the difference between the 2 levels offered, 

16 adding the quotient thus obtained to the first level 

17 and subtracting that quotient from the second level. 

18 ‘‘(3) For institutions of higher education, only 

19 teaching positions and research positions may be paid 

20 using this special educational wage level. 

21 ‘‘(4) In computing the prevailing wage level for 

22 an occupational classification in an area of employ23 ment for purposes of subsections (a)(5)(A), 

24 (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) and section 

25 203(b)(1)(D) for an employee of an institution of 


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1 higher education, or a related or affiliated nonprofit 

2 entity or a nonprofit research organization or a gov3 ernmental research organization, the prevailing wage 

4 level shall only take into account employees at such 

5 institutions and organizations in the area of employ6 ment.’’. 

7 (b) INTERNET POSTING REQUIREMENT.—Section 

8 212(n)(1)(C) (8 U.S.C. 1182(n)(1)(C)) is amended— 

9 (1) by redesignating clause (ii) as subclause (II); 

10 (2) by striking ‘‘(i) has provided’’ and inserting 

11 the following: 

12 ‘‘(ii)(I) has provided’’; 

13 (3) by striking ‘‘sought, or’’ and inserting 

14 ‘‘sought; or’’; and 

15 (4) by inserting before clause (ii), as redesig16 nated by paragraph (2), the following: 

17 ‘‘(i) has advertised on the Internet website 

18 maintained by the Secretary of Labor for the 

19 purpose of such advertising, for at least 30 cal20 endar days, a detailed description of each posi21 tion for which a nonimmigrant is sought that 

22 includes a description of— 

23 ‘‘(I) the wage ranges and other terms 

24 and conditions of employment; 


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1 ‘‘(II) the minimum education, train2 ing, experience, and other requirements for 

3 the position; 

4 ‘‘(III) the process for applying for the 

5 position; 

6 ‘‘(IV) the title and description of the 

7 position, including the location where the 

8 work will be performed; and 

9 ‘‘(V) the name, city, and zip code of 

10 the employer; and’’. 

11 (c) APPLICATION OF REQUIREMENTS TO ALL EMPLOY12 ERS.— 

13 (1) NONDISPLACEMENT.—Section 212(n)(1)(E) 

14 (8 U.S.C. 1182(n)(1)(E)) is amended to read as fol15 lows: 

16 ‘‘(E)(i)(I) In the case of an application filed by 

17 an employer that is an H–1B skilled worker depend18 ent employer, and is not an H–1B dependent em19 ployer, the employer did not displace and will not 

20 displace a United States worker employed by the em21 ployer during the period beginning 90 days before the 

22 date on which a visa petition supported by the appli23 cation is filed and ending 90 days after such filing. 


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1 ‘‘(II) An employer that is not an H–1B skilled 

2 worker dependent employer shall not be subject to sub3 clause (I) unless— 

4 ‘‘(aa) the employer is filing the H–1B peti5 tion with the intent or purpose of displacing a 

6 specific United States worker from the position 

7 to be occupied by the beneficiary of the petition; 

8 or 

9 ‘‘(bb) workers are displaced who— 

10 ‘‘(AA) provide services, in whole or in 

11 part, at 1 or more worksites owned, oper12 ated, or controlled by a Federal, State, or 

13 local government entity that directs and 

14 controls the work of the H–1B worker; or 

15 ‘‘(BB) are employed as public school 

16 kindergarten, elementary, middle school, or 

17 secondary school teachers. 

18 ‘‘(ii)(I) In the case of an application filed by an 

19 H–1B-dependent employer, the employer did not dis20 place and will not displace a United States worker 

21 employed by the employer within the period begin22 ning 180 days before the date on which a visa peti23 tion supported by the application is filed and ending 

24 180 days after such filing. 


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1 ‘‘(II) An application described in this clause is 

2 an application filed on or after the date final regula3 tions are first promulgated to carry out this subpara4 graph, and before by an H–1B-dependent employer 

5 (as defined in paragraph (3)) or by an employer that 

6 has been found, on or after the date of the enactment 

7 of the American Competitiveness and Workforce Im8 provement Act of 1998, under paragraph (2)(C) or 

9 (5) to have committed a willful failure or misrepre10 sentation during the 5-year period preceding the fil11 ing of the application. 

12 ‘‘(iii) In this subparagraph, the term ‘job zone’ 

13 means a zone assigned to an occupation by— 

14 ‘‘(I) the Occupational Information Network 

15 Database (O*NET) on the date of the enactment 

16 of this Act; or 

17 ‘‘(II) such database or a similar successor 

18 database, as designated by the Secretary of 

19 Labor, after the date of the enactment of Border 

20 Security, Economic Opportunity, and Immigra21 tion Modernization Act.’’. 

22 (2) RECRUITMENT.—Section 212(n)(1)(G) (8 

23 U.S.C. 1182(n)(1)(G)) is amended to read as follows: 

24 ‘‘(G) An employer, prior to filing the applica25 tion— 


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1 ‘‘(i) has taken good faith steps to recruit 

2 United States workers for the occupational clas3 sification for which the nonimmigrant or non4 immigrants is or are sought, using procedures 

5 that meet industry-wide standards and offering 

6 compensation that is at least as great as that re7 quired to be offered to H–1B nonimmigrants 

8 under subparagraph (A); 

9 ‘‘(ii) has advertised the job on an Internet 

10 website maintained by the Secretary of Labor for 

11 the purpose of such advertising; and 

12 ‘‘(iii) if the employer is an H–1B skilled 

13 worker dependent employer, has offered the job to 

14 any United States worker who applies and is 

15 equally or better qualified for the job for which 

16 the nonimmigrant or nonimmigrants is or are 

17 sought.’’. 

18 (d) OUTPLACEMENT.—Section 212(n)(1)(F) (8 U.S.C. 

19 1182(n)(1)(F)) is amended to read as follows: 

20 ‘‘(F)(i) An H–1B-dependent employer may 

21 not place, outsource, lease, or otherwise contract 

22 for the services or placement of an H–1B non23 immigrant employee. 

24 ‘‘(ii) An employer that is not an H–1B-de25 pendent employer and not described in paraVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01679 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 graph (3)(A)(i) may not place, outsource, lease, 

2 or otherwise contract for the services or place3 ment of an H–1B nonimmigrant employee un4 less the employer pays a fee of $500 per 

5 outplaced worker. 

6 ‘‘(iii) A fee collected under clause (ii) shall 

7 be deposited in the Comprehensive Immigration 

8 Reform Trust Fund established under section 6 

9 of the Border Security, Economic Opportunity, 

10 and Immigration Modernization Act. 

11 ‘‘(iv) An H–1B dependent employer shall be 

12 exempt from the prohibition on outplacement 

13 under clause (i) if the employer is a nonprofit 

14 institution of higher education, a nonprofit re15 search organization, or primarily a health care 

16 business and is petitioning for a physician, a 

17 nurse, or a physical therapist or a substantially 

18 equivalent health care occupation. Such employer 

19 shall be subject to the fee set forth in clause 

20 (ii).’’. 

21 (e) H–1B-DEPENDENT EMPLOYER DEFINED.—Section 

22 212(n)(3) (8 U.S.C. 1182(n)(3)) is amended to read as fol23 lows: 

24 ‘‘(3)(A) The term ‘H–1B-dependent employer’ means 

25 an employer that— 


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1 ‘‘(i) in the case of an employer that has 25 or 

2 fewer full-time equivalent employees who are em3 ployed in the United States, employs more than 7 H– 

4 1B nonimmigrants; 

5 ‘‘(ii) in the case of an employer that has at least 

6 26 but not more than 50 full-time equivalent employ7 ees who are employed in the United States, employs 

8 more than 12 H–1B nonimmigrants; or 

9 ‘‘(iii) in the case of an employer that has at least 

10 51 full-time equivalent employees who are employed 

11 in the United States, employs H–1B nonimmigrants 

12 in a number that is equal to at least 15 percent of 

13 the number of such full-time equivalent employees. 

14 ‘‘(B) In determining the number of employees who are 

15 H–1B nonimmigrants under subparagraph (A)(ii), an in16 tending immigrant employee shall not count toward such 

17 number.’’. 

18 (f) H–1B SKILLED WORKER DEPENDENT DEFINED.— 

19 Section 212(n)(3) (8 U.S.C. 1182(n)(3)) is amended— 

20 (1) by redesignating subparagraph (B) as sub21 paragraph (D); and 

22 (2) by inserting after subparagraph (A) the fol23 lowing: 

24 ‘‘(B)(i) For purposes of this subsection, an ‘H–1B 

25 skilled worker dependent employer’ means an employer who 


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1 employs H–1B nonimmigrants in the United States in a 

2 number that in total is equal to at least 15 percent of the 

3 number of its full-time equivalent employees in the United 

4 States employed in occupations contained within Occupa5 tional Information Network Database (O*NET) Job Zone 

6 4 and Job Zone 5. 

7 ‘‘(ii) An H–1B nonimmigrant who is an intending 

8 immigrant shall be counted as a United States worker in 

9 making a determination under clause (i).’’. 

10 (g) INTENDING IMMIGRANTS DEFINED.—Section 

11 101(a) (8 U.S.C. 1101(a)), as amended by section 3504(a), 

12 is further amended by adding at the end the following: 

13 ‘‘(54)(A) The term ‘intending immigrant’ means, 

14 with respect to the number of aliens employed by an 

15 employer, an alien who intends to work and reside 

16 permanently in the United States, as evidenced by— 

17 ‘‘(i) a pending or approved application for 

18 a labor certification filed for such alien by a cov19 ered employer; or 

20 ‘‘(ii) a pending or approved immigrant sta21 tus petition filed for such alien by a covered em22 ployer. 

23 ‘‘(B) In this paragraph: 

24 ‘‘(i) The term ‘covered employer’ means an 

25 employer that has filed immigrant status petiVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01682 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 tions for not less than 90 percent of current em2 ployees who were the beneficiaries of applications 

3 for labor certification that were approved during 

4 the 1-year period ending 6 months before the fil5 ing of an application or petition for which the 

6 number of intending immigrants is relevant. 

7 ‘‘(ii) The term ‘immigrant status petition’ 

8 means a petition filed under paragraph (1), (2), 

9 or (3) of section 203(b). 

10 ‘‘(iii) The term ‘labor certification’ means 

11 an employment certification under section 

12 212(a)(5)(A). 

13 ‘‘(C) Notwithstanding any other provision of 

14 law— 

15 ‘‘(i) for all calculations under this Act, of 

16 the number of aliens admitted pursuant to sub17 paragraph (H)(i)(b) or (L) of paragraph (15), 

18 an intending immigrant shall be counted as an 

19 alien lawfully admitted for permanent residence 

20 and shall not be counted as an employee admit21 ted pursuant to such a subparagraph; and 

22 ‘‘(ii) for all determinations of the number of 

23 employees or United States workers employed by 

24 an employer, all of the employees in any group 

25 treated as a single employer under subsection 


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1 (b), (c), (m), or (o) of section 414 of the Internal 

2 Revenue Code of 1986 shall be counted.’’. 

3 SEC. 4212. REQUIREMENTS FOR ADMISSION OF NON4 IMMIGRANT NURSES IN HEALTH PROFES5 SIONAL SHORTAGE AREAS. 

6 (a) EXTENSION OF PERIOD OF AUTHORIZED ADMIS7 SION.—Section 212(m)(3) (8 U.S.C. 1182(m)(3)) is amend8 ed to read as follows: 

9 ‘‘(3) The initial period of authorized admission as a 

10 nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 3 

11 years, and may be extended once for an additional 3-year 

12 period.’’. 

13 (b) NUMBER OF VISAS.—Section 212(m)(4) (8 U.S.C. 

14 1182(m)(4)) is amended by striking ‘‘500.’’ and inserting 

15 ‘‘300.’’. 

16 (c) PORTABILITY.—Section 214(n) (8 U.S.C. 1184(n)), 

17 as amended by section 4103(b), is further amended by add18 ing at the end the following: 

19 ‘‘(4)(A) A nonimmigrant alien described in subpara20 graph (B) who was previously issued a visa or otherwise 

21 provided nonimmigrant status under section 

22 101(a)(15)(H)(i)(c) is authorized to accept new employ23 ment performing services as a registered nurse for a facility 

24 described in section 212(m)(6) upon the filing by the pro25 spective employer of a new petition on behalf of such nonVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01684 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 immigrant as provided under subsection (c). Employment 

2 authorization shall continue for such alien until the new 

3 petition is adjudicated. If the new petition is denied, such 

4 authorization shall cease. 

5 ‘‘(B) A nonimmigrant alien described in this para6 graph is a nonimmigrant alien— 

7 ‘‘(i) who has been lawfully admitted into the 

8 United States; 

9 ‘‘(ii) on whose behalf an employer has filed a 

10 nonfrivolous petition for new employment before the 

11 date of expiration of the period of stay authorized by 

12 the Secretary of Homeland Security, except that, if a 

13 nonimmigrant described in section 

14 101(a)(15)(H)(i)(c) is terminated or laid off by the 

15 nonimmigrant’s employer, or otherwise ceases employ16 ment with the employer, such petition for new em17 ployment shall be filed during the 60-day period be18 ginning on the date of such termination, lay off, or 

19 cessation; and 

20 ‘‘(iii) who, subsequent to such lawful admission, 

21 has not been employed without authorization in the 

22 United States before the filing of such petition.’’. 

23 (d) APPLICABILITY.— 

24 (1) IN GENERAL.—Beginning on the commence25 ment date described in paragraph (2), the amendVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01685 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 ments made by section 2 of the Nursing Relief for 

2 Disadvantaged Areas Act of 1999 (Public Law 106– 

3 95; 113 Stat. 1313), and the amendments made by 

4 this section, shall apply to classification petitions 

5 filed for nonimmigrant status. This period shall be in 

6 addition to the period described in section 2(e) of the 

7 Nursing Relief for Disadvantaged Areas Act of 1999 

8 (8 U.S.C. 1182 note). 

9 (2) COMMENCEMENT DATE.—Not later than 60 

10 days after the date of the enactment of this Act, the 

11 Secretary shall determine whether regulations are nec12 essary to implement the amendments made by this 

13 section. If the Secretary determines that no such regu14 lations are necessary, the commencement date de15 scribed in this paragraph shall be the date of such de16 termination. If the Secretary determines that regula17 tions are necessary to implement any amendment 

18 made by this section, the commencement date de19 scribed in this paragraph shall be the date on which 

20 such regulations (in final form) take effect. 

21 SEC. 4213. NEW APPLICATION REQUIREMENTS. 

22 Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended 

23 by inserting after clause (iii) of subparagraph (G), as 

24 amended by section 4211(c)(2), the following: 


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1 ‘‘(H)(i) The employer has not advertised any 

2 available position specified in the application in an 

3 advertisement that states or indicates that— 

4 ‘‘(I) such position is only available to an 

5 individual who is or will be an H–1B non6 immigrant or an alien participating in optional 

7 practical training pursuant to section 

8 101(a)(15)(F)(i); or 

9 ‘‘(II) an individual who is or will be an H– 

10 1B nonimmigrant or participant in such op11 tional practical training shall receive priority or 

12 a preference in the hiring process for such posi13 tion. 

14 ‘‘(ii) The employer has not solely recruited indi15 viduals who are or who will be H–1B nonimmigrants 

16 or participants in optional practical training pursu17 ant to section 101(a)(15)(F)(i) to fill such position. 

18 ‘‘(I)(i) If the employer (other than an edu19 cational or research employer) employs 50 or more 

20 employees in the United States, the sum of the num21 ber of such employees who are H–1B nonimmigrants 

22 plus the number of such employees who are non23 immigrants described in section 101(a)(15)(L) may 

24 not exceed— 


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1 ‘‘(I) 75 percent of the total number of em2 ployees, for fiscal year 2015; 

3 ‘‘(II) 65 percent of the total number of em4 ployees, for fiscal year 2016; and 

5 ‘‘(III) 50 percent of the total number of em6 ployees, for each fiscal year after fiscal year 

7 2016. 

8 ‘‘(ii) In this subparagraph: 

9 ‘‘(I) The term ‘educational or research em10 ployer’ means an employer that is a nonprofit 

11 institution of higher education or a nonprofit re12 search organization described in section 

13 501(c)(3) of the Internal Revenue Code of 1986 

14 and exempt from taxation under 501(a) of that 

15 Code. 

16 ‘‘(II) The term ‘H–1B nonimmigrant’ 

17 means an alien admitted as a nonimmigrant 

18 pursuant to section 101(a)(15)(H)(i)(b). 

19 ‘‘(III) The term ‘L nonimmigrant’ means 

20 an alien admitted as a nonimmigrant pursuant 

21 to section 101(a)(15)(L) to provide services to his 

22 or her employer involving specialized knowledge. 

23 ‘‘(iii) In determining the percentage of employees 

24 of an employer that are H–1B nonimmigrants or L 

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1 grant employee shall not count toward such percent2 age. 

3 ‘‘(J) The employer shall submit to the Secretary 

4 of Homeland Security an annual report that includes 

5 the Internal Revenue Service Form W–2 Wage and 

6 Tax Statement filed by the employer for each H–1B 

7 nonimmigrant employed by the employer during the 

8 previous year.’’. 

9 SEC. 4214. APPLICATION REVIEW REQUIREMENTS. 

10 (a) TECHNICAL AMENDMENT.—Section 212(n)(1) (8 

11 U.S.C. 1182(n)(1)), as amended by section 4213, is further 

12 amended in the undesignated paragraph at the end, by 

13 striking ‘‘The employer’’ and inserting the following: 

14 ‘‘(K) The employer’’. 

15 (b) APPLICATION REVIEW REQUIREMENTS.—Subpara16 graph (K) of such section 212(n)(1), as designated by sub17 section (a), is amended— 

18 (1) by inserting ‘‘and through the Department of 

19 Labor’s website, without charge.’’ after ‘‘D.C.’’; 

20 (2) by striking ‘‘only for completeness’’ and in21 serting ‘‘for completeness and evidence of fraud or 

22 misrepresentation of material fact,’’; 

23 (3) by striking ‘‘or obviously inaccurate’’ and in24 serting ‘‘, presents evidence of fraud or misrepresenta25 tion of material fact, or is obviously inaccurate’’; 


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1 (4) by striking ‘‘within 7 days of the’’ and in2 serting ‘‘not later than 14 days after’’; and 

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

4 Secretary’s review of an application identifies evi5 dence of fraud or misrepresentation of material fact, 

6 the Secretary may conduct an investigation and hear7 ing in accordance with paragraph (2).’’. 

8 (c) FILING OF PETITION FOR NONIMMIGRANT WORK9 ER.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as amended 

10 by section 4213, is further amended by adding at the end 

11 the following: 

12 ‘‘(L) An I–129 Petition for Nonimmigrant 

13 Worker (or similar successor form)— 

14 ‘‘(i) may be filed by an employer with the 

15 Secretary of Homeland Security prior to the 

16 date the employer receives an approved certifi17 cation described in section 101(a)(15)(H)(i)(b) 

18 from the Secretary of Labor; and 

19 ‘‘(ii) may not be approved by the Secretary 

20 of Homeland Security until the date such certifi21 cation is approved.’’. 


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1 CHAPTER 2— INVESTIGATION AND DIS2 POSITION OF COMPLAINTS AGAINST 

3 H–1B EMPLOYERS 

4 SEC. 4221. GENERAL MODIFICATION OF PROCEDURES FOR 

5 INVESTIGATION AND DISPOSITION. 

6 Section 212(n) (8 U.S.C. 1182(n)) is amended— 

7 (1) in paragraph (2)(A)— 

8 (A) by striking ‘‘(A) Subject’’ and inserting 

9 ‘‘(A)(i) Subject’’; 

10 (B) by inserting after the first sentence the 

11 following: ‘‘Such process shall include publi12 cizing a dedicated toll-free number and publicly 

13 available Internet website for the submission of 

14 such complaints.’’; 

15 (C) by striking ‘‘12 months’’ and inserting 

16 ‘‘24 months’’; 

17 (D) by striking the last sentence and insert18 ing the following: ‘‘The Secretary shall issue reg19 ulations requiring that employers that employ 

20 H–1B nonimmigrants, other than nonprofit in21 stitutions of higher education and nonprofit re22 search organizations, through posting of notices 

23 or other appropriate means, inform their em24 ployees of such toll-free number and Internet 


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1 website and of their right to file complaints pur2 suant to this paragraph.’’; and 

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

4 ‘‘(ii)(I) Upon the receipt of such a com5 plaint, the Secretary may initiate an investiga6 tion to determine if such a failure or misrepre7 sentation has occurred. 

8 ‘‘(II) The Secretary may conduct voluntary 

9 surveys of the degree to which employers comply 

10 with the requirements of this subsection. 

11 ‘‘(III) The Secretary shall— 

12 ‘‘(aa) conduct annual compliance au13 dits of each employer with more than 100 

14 employees who work in the United States if 

15 more than 15 percent of such employees are 

16 H–1B nonimmigrants; and 

17 ‘‘(bb) make available to the public an 

18 executive summary or report describing the 

19 general findings of the audits carried out 

20 pursuant to this subclause.’’; and 

21 (2) by adding at the end the following new para22 graph: 

23 ‘‘(6) REPORT REQUIRED.—Not later than 1 year 

24 after the date of the enactment of the Border Security, 

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1 tion Act, and every 5 years thereafter, the Inspector 

2 General of the Department of Labor shall submit a re3 port regarding the Secretary’s enforcement of the re4 quirements of this section to the Committee on the Ju5 diciary and the Committee on Health, Education, 

6 Labor, and Pensions of the Senate and the Committee 

7 on the Judiciary and the Committee on Education 

8 and the Workforce of the House of Representatives.’’. 

9 SEC. 4222. INVESTIGATION, WORKING CONDITIONS, AND 

10 PENALTIES. 

11 Subparagraph (C) of section 212(n)(2) (8 U.S.C. 

12 1182(n)(2)) is amended— 

13 (1) in clause (i)— 

14 (A) in the matter preceding subclause (I)— 

15 (i) by striking ‘‘a condition of para16 graph (1)(B), (1)(E), or (1)(F)’’ and insert17 ing ‘‘a condition under subparagraph (A), 

18 (B), (C)(i), (E), (F), (G), (H), (I), or (J) 

19 of paragraph (1)’’; and 

20 (ii) by striking ‘‘(1)(C)’’ and inserting 

21 ‘‘(1)(C)(ii)’’; 

22 (B) in subclause (I)— 

23 (i) by striking ‘‘$1,000’’ and inserting 

24 ‘‘$2,000’’; and 

25 (ii) by striking ‘‘and’’ at the end; 


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1 (C) in subclause (II), by striking the period 

2 at the end and inserting a semicolon and ‘‘and’’; 

3 and 

4 (D) by adding at the end the following: 

5 ‘‘(III) an employer that violates such subpara6 graph (A) shall be liable to any employee harmed by 

7 such violations for lost wages and benefits.’’; and 

8 (2) in clause (ii)— 

9 (A) in subclause (I)— 

10 (i) by striking ‘‘may’’ and inserting 

11 ‘‘shall’’; and 

12 (ii) by striking ‘‘$5,000’’ and inserting 

13 ‘‘$10,000’’; 

14 (B) in subclause (II), by striking the period 

15 at the end and inserting a semicolon and ‘‘and’’; 

16 and 

17 (C) by adding at the end the following: 

18 ‘‘(III) an employer that violates such subpara19 graph (A) shall be liable to any employee harmed by 

20 such violations for lost wages and benefits.’’; 

21 (3) in clause (iii)— 

22 (A) in the matter preceding subclause (I), 

23 by striking ‘‘90 days’’ both places it appears and 

24 inserting ‘‘180 days’’; 

25 (B) in subclause (I)— 


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1 (i) by striking ‘‘may’’ and inserting 

2 ‘‘shall’’; and 

3 (ii) by striking ‘‘and’’ at the end; 

4 (C) in subclause (II), by striking the period 

5 at the end and inserting a semicolon and ‘‘and’’; 

6 and 

7 (D) by adding at the end the following: 

8 ‘‘(III) an employer that violates subparagraph 

9 (A) of such paragraph shall be liable to any employee 

10 harmed by such violations for lost wages and bene11 fits.’’; 

12 (4) in clause (iv)— 

13 (A) by inserting ‘‘to take, or threaten to 

14 take, a personnel action, or’’ before ‘‘to intimi15 date’’; 

16 (B) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(II) An employer that violates this clause shall 

19 be liable to any employee harmed by such violation 

20 for lost wages and benefits.’’; and 

21 (5) in clause (vi)— 

22 (A) by amending subclause (I) to read as 

23 follows: 


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1 ‘‘(I) It is a violation of this clause for an em2 ployer who has filed an application under this sub3 section— 

4 ‘‘(aa) to require an H–1B nonimmigrant to 

5 pay a penalty for ceasing employment with the 

6 employer prior to a date agreed to by the non7 immigrant and the employer (the Secretary shall 

8 determine whether a required payment is a pen9 alty, and not liquidated damages, pursuant to 

10 relevant State law); and 

11 ‘‘(bb) to fail to offer to an H–1B non12 immigrant, during the nonimmigrant’s period of 

13 authorized employment, on the same basis, and 

14 in accordance with the same criteria, as the em15 ployer offers to similarly situated United States 

16 workers, benefits and eligibility for benefits, in17 cluding— 

18 ‘‘(AA) the opportunity to participate 

19 in health, life, disability, and other insur20 ance plans; 

21 ‘‘(BB) the opportunity to participate 

22 in retirement and savings plans; and 

23 ‘‘(CC) cash bonuses and noncash com24 pensation, such as stock options (whether or 

25 not based on performance).’’; and 


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1 (B) in subclause (III), by striking ‘‘$1,000’’ 

2 and inserting ‘‘$2,000’’. 

3 SEC. 4223. INITIATION OF INVESTIGATIONS. 

4 Subparagraph (G) of section 212(n)(2) (8 U.S.C. 

5 1182(n)(2)) is amended— 

6 (1) in clause (i), by striking ‘‘if the Secretary’’ 

7 and all that follows and inserting ‘‘with regard to the 

8 employer’s compliance with the requirements of this 

9 subsection.’’; 

10 (2) in clause (ii), by striking ‘‘and whose iden11 tity’’ and all that follows through ‘‘failure or fail12 ures.’’ and inserting ‘‘the Secretary of Labor may 

13 conduct an investigation into the employer’s compli14 ance with the requirements of this subsection.’’; 

15 (3) in clause (iii), by striking the last sentence; 

16 (4) by striking clauses (iv) and (v); 

17 (5) by redesignating clauses (vi), (vii), and (viii) 

18 as clauses (iv), (v), and (vi), respectively; 

19 (6) in clause (iv), as so redesignated, by striking 

20 ‘‘meet a condition described in clause (ii), unless the 

21 Secretary of Labor receives the information not later 

22 than 12 months’’ and inserting ‘‘comply with the re23 quirements under this subsection, unless the Secretary 

24 of Labor receives the information not later than 24 

25 months’’; 


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1 (7) by amending clause (v), as so redesignated, 

2 to read as follows: 

3 ‘‘(v) The Secretary of Labor shall provide notice 

4 to an employer of the intent to conduct an investiga5 tion. The notice shall be provided in such a manner, 

6 and shall contain sufficient detail, to permit the em7 ployer to respond to the allegations before an inves8 tigation is commenced. The Secretary is not required 

9 to comply with this clause if the Secretary determines 

10 that such compliance would interfere with an effort 

11 by the Secretary to investigate or secure compliance 

12 by the employer with the requirements of this sub13 section. A determination by the Secretary under this 

14 clause shall not be subject to judicial review.’’; 

15 (8) in clause (vi), as so redesignated, by striking 

16 ‘‘An investigation’’ and all that follows through ‘‘the 

17 determination.’’ and inserting ‘‘If the Secretary of 

18 Labor, after an investigation under clause (i) or (ii), 

19 determines that a reasonable basis exists to make a 

20 finding that the employer has failed to comply with 

21 the requirements under this subsection, the Secretary 

22 shall provide interested parties with notice of such de23 termination and an opportunity for a hearing in ac24 cordance with section 556 of title 5, United States 


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1 Code, not later than 120 days after the date of such 

2 determination.’’; and 

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

4 ‘‘(vii) If the Secretary of Labor, after a hearing, 

5 finds a reasonable basis to believe that the employer 

6 has violated the requirements under this subsection, 

7 the Secretary shall impose a penalty under subpara8 graph (C).’’. 

9 SEC. 4224. INFORMATION SHARING. 

10 Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended 

11 by sections 4222 and 4223, is further amended by adding 

12 at the end the following: 

13 ‘‘(J) The Director of U.S. Citizenship and Immigra14 tion Services shall provide the Secretary of Labor with any 

15 information contained in the materials submitted by em16 ployers of H–1B nonimmigrants as part of the adjudication 

17 process that indicates that the employer is not complying 

18 with visa program requirements for H–1B nonimmigrants. 

19 The Secretary of Labor may initiate and conduct an inves20 tigation related to H–1B nonimmigrants and a hearing 

21 under this paragraph after receiving information of non22 compliance under this subparagraph. This subparagraph 

23 may not be construed to prevent the Secretary of Labor 

24 from taking action related to wage and hour and workplace 

25 safety laws. 


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1 ‘‘(K) The Secretary of Labor shall facilitate the posting 

2 of the descriptions described in paragraph (1)(C)(i) on the 

3 Internet website of the State labor or workforce agency for 

4 the State in which the position will be primarily located 

5 during the same period as the posting under paragraph 

6 (1)(C)(i).’’. 

7 SEC. 4225. TRANSPARENCY OF HIGH-SKILLED IMMIGRATION 

8 PROGRAMS. 

9 Section 416(c) of the American Competitiveness and 

10 Workforce Improvement Act of 1998 (8 U.S.C. 1184 note) 

11 is amended— 

12 (1) by amending paragraph (2) to read as fol13 lows: 

14 ‘‘(2) ANNUAL H–1B NONIMMIGRANT CHARACTER15 ISTICS REPORT.—The Bureau of Immigration and 

16 Labor Market Research shall submit an annual report 

17 to the Committee on the Judiciary of the Senate and 

18 the Committee on the Judiciary of the House of Rep19 resentatives that contains— 

20 ‘‘(A) information on the countries of origin 

21 of, occupations of, educational levels attained by, 

22 and compensation paid to, aliens who were 

23 issued visas or otherwise provided nonimmigrant 

24 status under section 101(a)(15)(H)(i)(b) of the 

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


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1 1101(a)(15)(H)(i)(b)) during the previous fiscal 

2 year; 

3 ‘‘(B) a list of all employers who petition for 

4 H–1B visas, the number of such petitions filed 

5 and approved for each such employer, the occu6 pational classifications for the approved posi7 tions, and the number of H–1B nonimmigrants 

8 for whom each such employer files for adjustment 

9 to permanent resident status; 

10 ‘‘(C) the number of immigrant status peti11 tions filed during the prior year on behalf of H– 

12 1B nonimmigrants; 

13 ‘‘(D) a list of all employers who are H–1B14 dependent employers; 

15 ‘‘(E) a list of all employers who are H–1B 

16 skilled worker dependent employers; 

17 ‘‘(F) a list of all employers for whom more 

18 than 30 percent of their United States workforce 

19 is H–1B or L–1 nonimmigrants; 

20 ‘‘(G) a list of all employers for whom more 

21 than 50 percent of their United States workforce 

22 is H–1B or L–1 nonimmigrants; 

23 ‘‘(H) a gender breakdown by occupation 

24 and by country of H–1B nonimmigrants; 


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1 ‘‘(I) a list of all employers who have been 

2 approved to conduct outplacement of H–1B non3 immigrants; and 

4 ‘‘(J) the number of H–1B nonimmigrants 

5 categorized by their highest level of education 

6 and whether such education was obtained in the 

7 United States or in a foreign country.’’; 

8 (2) by redesignating paragraph (3) as para9 graph (5); 

10 (3) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) ANNUAL L–1 NONIMMIGRANT CHARACTERIS13 TICS REPORT.—The Bureau of Immigration and 

14 Labor Market Research shall submit an annual report 

15 to the Committee on the Judiciary of the Senate and 

16 the Committee on the Judiciary of the House of Rep17 resentatives that contains— 

18 ‘‘(A) information on the countries of origin 

19 of, occupations of, educational levels attained by, 

20 and compensation paid to, aliens who were 

21 issued visas or otherwise provided –non22 immigrant status under section 101(a)(15)(L) of 

23 the Immigration and Nationality Act (8 U.S.C. 

24 1101(a)(15)(L)) during the previous fiscal year; 


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1 ‘‘(B) a list of all employers who petition for 

2 L–1 visas, the number of such petitions filed and 

3 approved for each such employer, the occupa4 tional classifications for the approved positions, 

5 and the number of L–1 nonimmigrants for whom 

6 each such employer files for adjustment to per7 manent resident status; 

8 ‘‘(C) the number of immigrant status peti9 tions filed during the prior year on behalf of L– 

10 1 nonimmigrants; 

11 ‘‘(D) a list of all employers who are L–1 de12 pendent employers; 

13 ‘‘(E) a gender breakdown by occupation and 

14 by country of L–1 nonimmigrants; 

15 ‘‘(F) a list of all employers who have been 

16 approved to conduct outplacement of L–1 non17 immigrants; and 

18 ‘‘(G) the number of L–1 nonimmigrants 

19 categorized by their highest level of education 

20 and whether such education was obtained in the 

21 United States or in a foreign country. 

22 ‘‘(4) ANNUAL EMPLOYER SURVEY.—The Bureau 

23 of Immigration and Labor Market Research shall— 


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1 ‘‘(A) conduct an annual survey of employers 

2 hiring foreign nationals under the L–1 visa pro3 gram; and 

4 ‘‘(B) shall issue an annual report that— 

5 ‘‘(i) describes the methods employers 

6 are using to meet the requirement of taking 

7 good faith steps to recruit United States 

8 workers for the occupational classification 

9 for which the nonimmigrants are sought, 

10 using procedures that meet industry-wide 

11 standards; 

12 ‘‘(ii) describes the best practices for re13 cruiting among employers; and 

14 ‘‘(iii) contains recommendations on 

15 which recruiting steps employers can take to 

16 maximize the likelihood of hiring American 

17 workers.’’; and 

18 (4) in paragraph (5), as redesignated, by strik19 ing ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) 

20 and (3)’’. 


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1 CHAPTER 3—OTHER PROTECTIONS 

2 SEC. 4231. POSTING AVAILABLE POSITIONS THROUGH THE 

3 DEPARTMENT OF LABOR. 

4 (a) DEPARTMENT OF LABOR WEBSITE.—Section 

5 212(n) (8 U.S.C. 1182(n)), as amended by section 4221(2), 

6 is further amended by adding at the end following: 

7 ‘‘(7)(A) Not later than 90 days after the date of the 

8 enactment of the Border Security, Economic Opportunity, 

9 and Immigration Modernization Act, the Secretary of 

10 Labor shall establish a searchable Internet website for post11 ing positions as required by paragraph (1)(C). Such website 

12 shall be available to the public without charge. 

13 ‘‘(B) The Secretary may work with private companies 

14 or nonprofit organizations to develop and operate the Inter15 net website described in subparagraph (A). 

16 ‘‘(C) The Secretary may promulgate rules, after notice 

17 and a period for comment, to carry out the requirements 

18 of this paragraph.’’. 

19 (b) REQUIREMENT FOR PUBLICATION.—The Secretary 

20 of Labor shall submit to Congress and publish in the Fed21 eral Register and other appropriate media a notice of the 

22 date that the Internet website required by paragraph (6) 

23 of section 212(n) of the Immigration and Nationality Act, 

24 as amended by subsection (a), will be operational. 


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1 (c) APPLICATION.—The amendments made by sub2 section (a) shall apply to an application filed on or after 

3 the date that is 30 days after the date described in sub4 section (b). 

5 SEC. 4232. REQUIREMENTS FOR INFORMATION FOR H–1B 

6 AND L NONIMMIGRANTS. 

7 (a) IN GENERAL.—Section 214 (8 U.S.C. 1184), as 

8 amended by section 3608, is further amended by adding at 

9 the end the following: 

10 ‘‘(t) REQUIREMENTS FOR INFORMATION FOR H–1B 

11 AND L NONIMMIGRANTS.— 

12 ‘‘(1) IN GENERAL.—Upon issuing a visa to an 

13 applicant for nonimmigrant status pursuant to sub14 paragraph (H)(i)(b) or (L) of section 101(a)(15) who 

15 is outside the United States, the issuing office shall 

16 provide the applicant with— 

17 ‘‘(A) a brochure outlining the obligations of 

18 the applicant’s employer and the rights of the 

19 applicant with regard to employment under Fed20 eral law, including labor and wage protections; 

21 and 

22 ‘‘(B) the contact information for appro23 priate Federal agencies or departments that offer 

24 additional information or assistance in clari25 fying such obligations and rights. 


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1 ‘‘(2) PROVISION OF MATERIAL.—Upon the ap2 proval of an application of an applicant referred to 

3 in paragraph (1), the applicant shall be provided 

4 with the material described in subparagraphs (A) and 

5 (B) of paragraph (1)— 

6 ‘‘(A) by the issuing officer of the Depart7 ment of Homeland Security, if the applicant is 

8 inside the United States; or 

9 ‘‘(B) by the appropriate official of the De10 partment of State, if the applicant is outside the 

11 United States. 

12 ‘‘(3) EMPLOYER TO PROVIDE IMMIGRATION PA13 PERWORK EXCHANGED WITH FEDERAL AGENCIES.— 

14 ‘‘(A) IN GENERAL.—Not later than 30 days 

15 after a labor condition application is filed under 

16 section 212(n)(1), an employer shall provide an 

17 employee or beneficiary of such application who 

18 is or seeking nonimmigrant status under sub19 paragraph (H)(i)(b) or (L) of section 101(a)(15) 

20 with a copy the original of all applications and 

21 petitions filed by the employer with the Depart22 ment of Labor or the Department of Homeland 

23 Security for such employee or beneficiary. 

24 ‘‘(B) WITHHOLDING OF FINANCIAL OR PRO25 PRIETARY INFORMATION.—If a document reVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01707 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 quired to be provided to an employee or bene2 ficiary under subparagraph (A) includes any fi3 nancial or propriety information of the em4 ployer, the employer may redact such informa5 tion from the copies provided to such employee 

6 or beneficiary.’’. 

7 (b) REPORT ON JOB CLASSIFICATION AND WAGE DE8 TERMINATIONS.—Not later than 1 year after the date of the 

9 enactment of this Act, the Comptroller General of the United 

10 States shall prepare a report analyzing the accuracy and 

11 effectiveness of the Secretary of Labor’s current job classi12 fication and wage determination system. The report shall— 

13 (1) specifically address whether the systems in 

14 place accurately reflect the complexity of current job 

15 types as well as geographic wage differences; and 

16 (2) make recommendations concerning necessary 

17 updates and modifications. 

18 SEC. 4233. FILING FEE FOR H–1B-DEPENDENT EMPLOYERS. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, there shall be a fee required to be submitted 

21 by an employer with an application for admission of an 

22 H–1B nonimmigrant as follows: 

23 (1) For each fiscal year beginning in fiscal year 

24 2015, $5,000 for applicants that employ 50 or more 

25 employees in the United States if more than 30 perVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01708 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 cent and less than 50 percent of the applicant’s em2 ployees are H–1B nonimmigrants or L non3 immigrants. 

4 (2) For each of the fiscal years 2015 through 

5 2017, $10,000 for applicants that employ 50 or more 

6 employees in the United States if more than 50 per7 cent and less than 75 percent of the applicant’s em8 ployees are H–1B nonimmigrants or L non9 immigrants. Fees collected under this paragraph shall 

10 be deposited in the Comprehensive Immigration Re11 form Trust Fund established under section 6(a)(1). 

12 (b) DEFINITIONS.—In this section: 

13 (1) EMPLOYER.—The term ‘‘employer’’— 

14 (A) means any entity or entities treated as 

15 a single employer under subsection (b), (c), (m), 

16 or (o) of section 414 of the Internal Revenue 

17 Code of 1986; and 

18 (B) does not include a nonprofit institution 

19 of higher education or a nonprofit research orga20 nization described in section 501(c)(3) of the In21 ternal Revenue Code of 1986 and exempt from 

22 taxation under 501(a) of that Code that is— 

23 (i) an institution of higher education 

24 (as defined in section 101(a) of the Higher 


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

2 1001(a))); or 

3 (ii) a research organization. 

4 (2) H–1B NONIMMIGRANT.—The term ‘‘H–1B 

5 nonimmigrant’’ means an alien admitted as a non6 immigrant pursuant to section 101(a)(15)(H)(i)(b) of 

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

8 1101(a)(15)(H)(i)(b)). 

9 (3) INTENDING IMMIGRANT.—The term ‘‘intend10 ing immigrant’’ has the meaning given that term in 

11 paragraph (54)(A) of section 101(a)(54)(A) of the Im12 migration and Nationality Act (8 U.S.C. 1101(a)). 

13 (4) L NONIMMIGRANT.—The term ‘‘L non14 immigrant’’ means an alien admitted as a non15 immigrant pursuant to section 101(a)(15)(L) of the 

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

17 1101(a)(15)(L)) to provide services to the alien’s em18 ployer involving specialized knowledge. 

19 (c) EXCEPTION FOR INTENDING IMMIGRANTS.—In de20 termining the percentage of employees of an employer that 

21 are H–1B nonimmigrants or L nonimmigrants under sub22 section (a), an intending immigrant employee shall not 

23 count toward such percentage. 

24 (d) CONFORMING AMENDMENT.—Section 402 of the 

25 Act entitled ‘‘An Act making emergency supplemental apVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01710 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 propriations for border security for the fiscal year ending 

2 September 30, 2010, and for other purposes’’, approved Au3 gust 13, 2010 (Public Law 111–230; 8 U.S.C. 1101 note) 

4 is amended by striking subsection (b). 

5 SEC. 4234. PROVIDING PREMIUM PROCESSING OF EMPLOY6 MENT-BASED VISA PETITIONS. 

7 Pursuant to section 286(u) of the Immigration and 

8 Nationality Act (8 U.S.C. 1356(u)), the Secretary shall es9 tablish and collect— 

10 (1) a fee for premium processing of employment11 based immigrant petitions; and 

12 (2) a fee for premium processing of an adminis13 trative appeal of any decision on a permanent em14 ployment-based immigrant petition. 

15 SEC. 4235. TECHNICAL CORRECTION. 

16 Section 212 (8 U.S.C. 1182) is amended by redesig17 nating the second subsection (t), as added by section 

18 1(b)(2)(B) of the Act entitled ‘‘An Act to amend and extend 

19 the Irish Peace Process Cultural and Training Program Act 

20 of 1998’’ (Public Law 108–449 (118 Stat. 3470)), as sub21 section (u). 

22 SEC. 4236. APPLICATION. 

23 (a) IN GENERAL.—Except as otherwise specifically 

24 provided, the amendments made by this subtitle shall apply 


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1 to applications filed on or after the date of the enactment 

2 of this Act. 

3 (b) SPECIAL REQUIREMENTS.—Notwithstanding any 

4 other provision of law, the amendments made by section 

5 4211(c) shall not apply to any application or petition filed 

6 by an employer on behalf of an existing employee. 

7 SEC. 4237. PORTABILITY FOR BENEFICIARIES OF IMMI8 GRANT PETITIONS. 

9 (a) INCREASED PORTABILITY.—Section 204(j) (8 

10 U.S.C. 1154(j)) is amended— 

11 (1) by amending the subsection heading to read 

12 as follows: 

13 ‘‘(j) INCREASED PORTABILITY.—’’; 

14 (2) by striking ‘‘A petition’’ and inserting the 

15 following: 

16 ‘‘(1) LONG DELAYED APPLICANTS FOR ADJUST17 MENT OF STATUS.—A petition’’; and 

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

19 ‘‘(2) PORTABILITY FOR BENEFICIARIES OF IMMI20 GRANT PETITIONS.—Regardless of whether an em21 ployer withdraws a petition approved under para22 graph (1), (2), or (3) of section 203(b)— 

23 ‘‘(A) the petition shall remain valid with 

24 respect to a new job if— 


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1 ‘‘(i) the beneficiary changes jobs or em2 ployers after the petition is approved; and 

3 ‘‘(ii) the new job is in the same or a 

4 similar occupational classification as the 

5 job for which the petition was approved; 

6 and 

7 ‘‘(B) the employer’s legal obligations with 

8 respect to the petition shall terminate at the time 

9 the beneficiary changes jobs or employers. 

10 ‘‘(3) DOCUMENTATION.—The Secretary of Labor 

11 shall develop a mechanism to provide the beneficiary 

12 or prospective employer with sufficient information to 

13 determine whether a new position or job is in the 

14 same or similar occupation as the job for which the 

15 petition was approved. The Secretary of Labor shall 

16 provide confirmation of application approval if re17 quired for eligibility under this subsection. The Sec18 retary of Homeland Security shall provide confirma19 tion of petition approval if required for eligibility 

20 under this subsection.’’. 

21 (b) ADJUSTMENT OF STATUS FOR EMPLOYMENT22 BASED IMMIGRANTS.—Section 245 of the Immigration and 

23 Nationality Act (8 U.S.C. 1255) is amended by adding at 

24 the end the following: 


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1 ‘‘(n) ADJUSTMENT OF STATUS FOR EMPLOYMENT2 BASED IMMIGRANTS.— 

3 ‘‘(1) PETITION.—An alien, and any eligible de4 pendents of such alien, who has filed a petition for 

5 immigrant status, may concurrently, or at any time 

6 thereafter, file an application with the Secretary of 

7 Homeland Security for adjustment of status if such 

8 petition is pending or has been approved, regardless 

9 of whether an immigrant visa is immediately avail10 able at the time the application is filed. 

11 ‘‘(2) SUPPLEMENTAL FEE.—If a visa is not im12 mediately available at the time an application is filed 

13 under paragraph (1), the beneficiary of such applica14 tion shall pay a supplemental fee of $500, which shall 

15 be deposited in the STEM Education and Training 

16 Account established under section 286(w). This fee 

17 shall not be collected from any dependent accom18 panying or following to join such beneficiary. 

19 ‘‘(3) AVAILABILITY.—An application filed pursu20 ant to paragraph (2) may not be approved until the 

21 date on which an immigrant visa becomes available.’’. 


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1 Subtitle C—L Visa Fraud and 

2 Abuse Protections 

3 SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NON4 IMMIGRANTS. 

5 Section 214(c)(2)(F) (8 U.S.C. 1184(c)(2)(F)) is 

6 amended to read as follows: 

7 ‘‘(F)(i) An employer who employs L-1 nonimmigrants 

8 in a number that is equal to at least 15 percent of the total 

9 number of full-time equivalent employees employed by the 

10 employer shall not place, outsource, lease, or otherwise con11 tract for the services or placement of such alien with another 

12 employer. In determining the number of employees who are 

13 L-1 nonimmigrants, an intending immigrant shall count 

14 as a United States worker. 

15 ‘‘(ii) The employer of an alien described in section 

16 101(a)(15)(L) shall not place, outsource, lease, or otherwise 

17 contract for the services or placement of such alien with 

18 another employer unless— 

19 ‘‘(I) such alien will not be controlled or super20 vised principally by the employer with whom such 

21 alien would be placed; 

22 ‘‘(II) the placement of such alien at the worksite 

23 of the other employer is not essentially an arrange24 ment to provide labor for hire for the other employer; 

25 and 


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1 ‘‘(III) the employer of such alien pays a fee of 

2 $500, which shall be deposited in the STEM Edu3 cation and Training Account established under sec4 tion 286(w).’’. 

5 SEC. 4302. L EMPLOYER PETITION REQUIREMENTS FOR EM6 PLOYMENT AT NEW OFFICES. 

7 Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by 

8 adding at the end the following: 

9 ‘‘(G)(i) If the beneficiary of a petition under this para10 graph is coming to the United States to open, or be em11 ployed in, a new office, the petition may be approved for 

12 up to 12 months only if— 

13 ‘‘(I) the alien has not been the beneficiary of 2 

14 or more petitions under this subparagraph during the 

15 immediately preceding 2 years; and 

16 ‘‘(II) the employer operating the new office 

17 has— 

18 ‘‘(aa) an adequate business plan; 

19 ‘‘(bb) sufficient physical premises to carry 

20 out the proposed business activities; and 

21 ‘‘(cc) the financial ability to commence 

22 doing business immediately upon the approval of 

23 the petition. 

24 ‘‘(ii) An extension of the approval period under clause 

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1 mits an application to the Secretary of Homeland Security 

2 that contains— 

3 ‘‘(I) evidence that the importing employer meets 

4 the requirements of this subsection; 

5 ‘‘(II) evidence that the beneficiary of the petition 

6 is eligible for nonimmigrant status under section 

7 101(a)(15)(L); 

8 ‘‘(III) a statement summarizing the original pe9 tition; 

10 ‘‘(IV) evidence that the importing employer has 

11 complied with the business plan submitted under 

12 clause (i)(I); 

13 ‘‘(V) evidence of the truthfulness of any represen14 tations made in connection with the filing of the 

15 original petition; 

16 ‘‘(VI) evidence that the importing employer has 

17 been doing business at the new office through regular, 

18 systematic, and continuous provision of goods and 

19 services; 

20 ‘‘(VII) a statement of the duties the beneficiary 

21 has performed at the new office during the approval 

22 period under clause (i) and the duties the beneficiary 

23 will perform at the new office during the extension 

24 period granted under this clause; 


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1 ‘‘(VIII) a statement describing the staffing at the 

2 new office, including the number of employees and the 

3 types of positions held by such employees; 

4 ‘‘(IX) evidence of wages paid to employees; 

5 ‘‘(X) evidence of the financial status of the new 

6 office; and 

7 ‘‘(XI) any other evidence or data prescribed by 

8 the Secretary. 

9 ‘‘(iii) A new office employing the beneficiary of an L– 

10 1 petition approved under this paragraph shall do business 

11 only through regular, systematic, and continuous provision 

12 of goods and services. 

13 ‘‘(iv) Notwithstanding clause (ii), and subject to the 

14 maximum period of authorized admission set forth in sub15 paragraph (D), the Secretary of Homeland Security, in the 

16 Secretary’s discretion, may approve a subsequently filed pe17 tition on behalf of the beneficiary to continue employment 

18 at the office described in this subparagraph for a period 

19 beyond the initially granted 12-month period if the import20 ing employer has been doing business at the new office 

21 through regular, systematic, and continuous provision of 

22 goods and services for the 6 months immediately preceding 

23 the date of extension of petition filing and demonstrates 

24 that the failure to satisfy any of the requirements described 

25 in those subclauses was directly caused by extraordinary 


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1 circumstances, as determined by the Secretary in the Sec2 retary’s discretion.’’. 

3 SEC. 4303. COOPERATION WITH SECRETARY OF STATE. 

4 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

5 by section 4302, is further amended by adding at the end 

6 the following: 

7 ‘‘(H) For purposes of approving petitions under this 

8 paragraph, the Secretary of Homeland Security shall work 

9 cooperatively with the Secretary of State to verify the exist10 ence or continued existence of a company or office in the 

11 United States or in a foreign country.’’. 

12 SEC. 4304. LIMITATION ON EMPLOYMENT OF L NON13 IMMIGRANTS. 

14 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

15 by sections 4302 and 4303, is further amended by adding 

16 at the end the following: 

17 ‘‘(I)(i) If the employer employs 50 or more employees 

18 in the United States, the sum of the number of such employ19 ees who are H–1B nonimmigrants plus the number of such 

20 employees who are L nonimmigrants may not exceed— 

21 ‘‘(I) 75 percent of the total number of employees, 

22 for fiscal year 2015; 

23 ‘‘(II) 65 percent of the total number of employ24 ees, for fiscal year 2016; and 


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1 ‘‘(III) 50 percent of the total number of employ2 ees, for each fiscal year after fiscal year 2016. 

3 ‘‘(ii) In this subparagraph: 

4 ‘‘(I) The term ‘employer’ does not include a non5 profit institution of higher education or a nonprofit 

6 research organization described in section 501(c)(3) of 

7 the Internal Revenue Code of 1986 and exempt from 

8 taxation under 501(a) of that Code that is— 

9 ‘‘(aa) an institution of higher education (as 

10 defined in section 101(a) of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1001(a))); or 

12 ‘‘(bb) a research organization. 

13 ‘‘(II) The term ‘H–1B nonimmigrant’ means an 

14 alien admitted as a nonimmigrant pursuant to sec15 tion 101(a)(15)(H)(i)(b). 

16 ‘‘(III) The term ‘L nonimmigrant’ means an 

17 alien admitted as a nonimmigrant pursuant to sec18 tion 101(a)(15)(L) to provide services to the alien’s 

19 employer involving specialized knowledge. 

20 ‘‘(iii) In determining the percentage of employees of 

21 an employer that are H–1B nonimmigrants or L non22 immigrants under clause (i), an intending immigrant em23 ployee shall not count toward such percentage.’’. 


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1 SEC. 4305. FILING FEE FOR L NONIMMIGRANTS. 

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law, the filing fee for an application for admission 

4 of an L nonimmigrant shall be as follows: 

5 (1) For each of the fiscal years beginning in fis6 cal year 2014, $5,000 for applicants that employ 50 

7 or more employees in the United States if more than 

8 30 percent and less than 50 percent of the applicant’s 

9 employees are H–1B nonimmigrants or L non10 immigrants. 

11 (2) For each of the fiscal years 2014 through 

12 2017, $10,000 for applicants that employ 50 or more 

13 employees in the United States if more than 50 per14 cent and less than 75 percent of the applicant’s em15 ployees are H–1B nonimmigrants or L non16 immigrants. Fees collected under this paragraph shall 

17 be deposited in the Comprehensive Immigration Re18 form Trust Fund established under section 6(a)(1). 

19 (b) DEFINITIONS.—In this section: 

20 (1) EMPLOYER.—The term ‘‘employer’’ does not 

21 include a nonprofit institution of higher education or 

22 a nonprofit research organization described in section 

23 501(c)(3) of the Internal Revenue Code of 1986 and 

24 exempt from taxation under 501(a) of that Code that 

25 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) of 

8 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 em15 ployer involving specialized knowledge. 

16 (c) EXCEPTION FOR INTENDING IMMIGRANTS.—In de17 termining the percentage of employees of an employer that 

18 are H–1B nonimmigrants or L nonimmigrants under sub19 section (a), an intending immigrant employee (as defined 

20 in section 101(a)(54)(A) of the Immigration and Nation21 ality Act shall not count toward such percentage. 

22 (d) CONFORMING AMENDMENT.—Section 402 of the 

23 Act entitled ‘‘An Act making emergency supplemental ap24 propriations for border security for the fiscal year ending 

25 September 30, 2010, and for other purposes’’, approved AuVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01722 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 gust 13, 2010 (Public Law 111–230; 8 U.S.C. 1101 note), 

2 as amended by section 4233(d), is further amended by strik3 ing subsections (a) and (c). 

4 SEC. 4306. INVESTIGATION AND DISPOSITION OF COM5 PLAINTS AGAINST L NONIMMIGRANT EM6 PLOYERS. 

7 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

8 by sections 4302, 4303, and 4304 is further amended by 

9 adding at the end the following: 

10 ‘‘(J)(i) The Secretary of Homeland Security may ini11 tiate an investigation of any employer that employs non12 immigrants described in section 101(a)(15)(L) with regard 

13 to the employer’s compliance with the requirements of this 

14 subsection. 

15 ‘‘(ii)(I) If the Secretary receives specific credible infor16 mation from a source who is likely to have knowledge of 

17 an employer’s practices, employment conditions, or compli18 ance with the requirements under this subsection, the Sec19 retary may conduct an investigation into the employer’s 

20 compliance with the requirements of this subsection. 

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 disclosure 

24 under section 552 of title 5, United States Code. 


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1 ‘‘(iii) The Secretary shall establish a procedure for any 

2 person desiring to provide to the Secretary information de3 scribed in clause (ii)(I) that may be used, in whole or in 

4 part, as the basis for the commencement of an investigation 

5 described in such clause, to provide the information in writ6 ing on a form developed and provided by the Secretary and 

7 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 investigation) 

10 may be conducted with respect to information about a fail11 ure to comply with the requirements under this subsection, 

12 unless the Secretary receives the information not later than 

13 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 pro19 vided in such a manner, and shall contain sufficient detail, 

20 to permit the employer to respond to the allegations before 

21 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 determina4 tion 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 deter10 mination and an opportunity for a hearing in accordance 

11 with section 556 of title 5, United States Code, not later 

12 than 120 days after the date of such determination. If such 

13 a hearing is requested, the Secretary shall make a finding 

14 concerning the matter by not later than 120 days after the 

15 date of the hearing. 

16 ‘‘(vii) If the Secretary, after a hearing, finds a reason17 able basis to believe that the employer has violated the re18 quirements under this subsection, the Secretary shall impose 

19 a penalty under subparagraph (K). 

20 ‘‘(viii)(I) The Secretary may conduct voluntary sur21 veys of the degree to which employers comply with the re22 quirements 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 in 


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1 the United States if more than 15 percent of such em2 ployees 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 amended 

10 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 in 

15 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 employ 

23 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 such 

3 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 in 

9 section 101(a)(15)(L)— 

10 ‘‘(I) the Secretary shall impose such administra11 tive remedies (including civil monetary penalties in 

12 an amount not to exceed $10,000 per violation) as the 

13 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 101(a)(15)(L) 

9 to take, fail to take, or threaten to take or fail to take, a 

10 personnel action, or to intimidate, threaten, restrain, co11 erce, blacklist, discharge, or discriminate in any other man12 ner against an employee because the employee— 

13 ‘‘(I) has disclosed information that the employee 

14 reasonably believes evidences a violation of this sub15 section, or any rule or regulation pertaining to this 

16 subsection; or 

17 ‘‘(II) cooperates or seeks to cooperate with the re18 quirements of this subsection, or any rule or regula19 tion pertaining to this subsection. 

20 ‘‘(ii) In this subparagraph, the term ‘employee’ in21 cludes— 

22 ‘‘(I) a current employee; 

23 ‘‘(II) a former employee; and 

24 ‘‘(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 by 

3 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 of 

7 this Act. 

8 SEC. 4311. REPORT ON L BLANKET PETITION PROCESS. 

9 Not later than 6 months after the date of the enactment 

10 of this Act, the Inspector General of the Department shall 

11 submit to the Committee on the Judiciary of the Senate and 

12 the Committee on the Judiciary of the House of Representa13 tives 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 Subtitle D—Other Nonimmigrant 

20 Visas 

21 SEC. 4401. NONIMMIGRANT VISAS FOR STUDENTS. 

22 (a) AUTHORIZATION OF DUAL INTENT FOR F NON23 IMMIGRANTS SEEKING BACHELOR’S OR GRADUATE DE24 GREES.—Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) 

25 is amended to read as follows: 


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1 ‘‘(F)(i) an alien having a residence in a 

2 foreign country who is a bona fide student quali3 fied to pursue a full course of study and who 

4 seeks to enter the United States temporarily and 

5 solely for the purpose of pursuing such a course 

6 of study consistent with section 214(m) at an ac7 credited college, university, or language training 

8 program, or at an established seminary, conserv9 atory, academic high school, elementary school, 

10 or other academic institution in the United 

11 States, particularly designated by the alien and 

12 approved by the Secretary of Homeland Security 

13 after consultation with the Secretary of Edu14 cation, which institution or place of study shall 

15 have agreed to report to the Secretary of Home16 land Security the termination of attendance of 

17 each nonimmigrant student, and if any such in18 stitution of learning or place of study fails to 

19 make reports promptly the approval shall be 

20 withdrawn, except that such an alien who is not 

21 seeking to pursue a degree that is a bachelor’s de22 gree or a graduate degree shall have a residence 

23 in a foreign country that the alien has no inten24 tion of abandoning; 


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

2 any alien described in clause (i) if accom3 panying or following to join such an alien; and 

4 ‘‘(iii) an alien who is a national of Canada 

5 or Mexico, who maintains actual residence and 

6 place of abode in the country of nationality, who 

7 is described in clause (i) except that the alien’s 

8 qualifications for and actual course of study 

9 may be full or part-time, and who commutes to 

10 the United States institution or place of study 

11 from Canada or Mexico.’’. 

12 (b) DUAL INTENT.—Section 214(h) (8 U.S.C. 1184(h)) 

13 is amended to read as follows: 

14 ‘‘(h) DUAL INTENT.—The fact that an alien is, or in15 tends to be, the beneficiary of an application for a pref16 erence status filed under section 204, seeks a change or ad17 justment of status after completing a legitimate period of 

18 nonimmigrant stay, or has otherwise sought permanent res19 idence in the United States shall not constitute evidence of 

20 intent to abandon a foreign residence that would preclude 

21 the alien from obtaining or maintaining— 

22 ‘‘(1) a visa or admission as a nonimmigrant de23 scribed in subparagraph (E), (F)(i), (F)(ii), 

24 (H)(i)(b), (H)(i)(c), (L), (O), (P), (V), or (W) of sec25 tion 101(a)(15); or 


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1 ‘‘(2) the status of a nonimmigrant described in 

2 any such subparagraph.’’. 

3 (c) REQUIREMENT OF STUDENT VISA DATA TRANSFER

4 AND CERTIFICATION.— 

5 (1) IN GENERAL.—The Secretary shall imple6 ment real-time transmission of data from the Student 

7 and Exchange Visitor Information System to data8 bases used by U.S. Customs and Border Protection. 

9 (2) CERTIFICATION.— 

10 (A) IN GENERAL.—Not later than 120 days 

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

12 Secretary shall certify to Congress that the trans13 mission of data referred to in paragraph (1) has 

14 been implemented. 

15 (B) TEMPORARY SUSPENSION OF VISA

16 ISSUANCE.—If the Secretary has not made the 

17 certification referred to in subparagraph (A) 

18 during the 120-day period, the Secretary shall 

19 suspend issuance of visas under subparagraphs 

20 (F) and (M) of section 101(a)(15) of the Immi21 gration and Nationality Act (8 U.S.C. 

22 1101(a)(15)) until the certification is made. 


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1 SEC. 4402. CLASSIFICATION FOR SPECIALTY OCCUPATION 

2 WORKERS FROM FREE TRADE COUNTRIES. 

3 (a) NONIMMIGRANT STATUS.—Section 

4 101(a)(15)(E)(8 U.S.C. 1101(a)(15)(E)) is amended— 

5 (1) in the matter preceding clause (i), by insert6 ing ‘‘, bilateral investment treaty, or free trade agree7 ment’’ after ‘‘treaty of commerce and navigation’’; 

8 (2) in clause (ii), by striking ‘‘or’’ at the end; 

9 and 

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

11 ‘‘(iv) solely to perform services in a 

12 specialty occupation in the United States if 

13 the alien is a national of a country, other 

14 than Chile, Singapore, or Australia, with 

15 which the United States has entered into a 

16 free trade agreement (regardless of whether 

17 such an agreement is a treaty of commerce 

18 and navigation) and with respect to whom 

19 the Secretary of Labor determines and cer20 tifies to the Secretary of Homeland Security 

21 and the Secretary of State that the intend22 ing employer has filed with the Secretary of 

23 Labor an attestation under section 212(t); 

24 ‘‘(v) solely to perform services in a spe25 cialty occupation in the United States if the 

26 alien is a national of the Republic of Korea 


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1 and with respect to whom the Secretary of 

2 Labor determines and certifies to the Sec3 retary of Homeland Security and the Sec4 retary of State that the intending employer 

5 has filed with the Secretary of Labor an at6 testation under section 212(t); or 

7 ‘‘(vi) solely to perform services as an 

8 employee and who has at least a high school 

9 education or its equivalent, or has, during 

10 the most recent 5-year period, at least 2 

11 years of work experience in an occupation 

12 which requires at least 2 years of training 

13 or experience if the alien is a national of a 

14 country— 

15 ‘‘(I) designated as an eligible sub16 Saharan African country under section 

17 104 of the African Growth and Oppor18 tunity Act (19 U.S.C. 3703); or 

19 ‘‘(II) designated as a beneficiary 

20 country for purposes of the Caribbean 

21 Basin Economic Recovery Act (19 

22 U.S.C. 2701 et seq.);’’. 

23 (b) NUMERICAL LIMITATION.—Section 214(g)(11) (8 

24 U.S.C. 1184(g)(11)) is amended— 


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1 (1) in subparagraph (A), by striking ‘‘section 

2 101(a)(15)(E)(iii)’’ and inserting ‘‘clauses (iii) and 

3 (vi) of section 101(a)(15)(E)’’; and 

4 (2) in subparagraph (B), by striking the period 

5 at the end and inserting ‘‘for each of the nationalities 

6 identified under clause (iii) of section 101(a)(15)(E) 

7 and for all visas issued pursuant to clause (vi) of 

8 such section.’’. 

9 (c) FREE TRADE AGREEMENTS.—Section 214(g) (8 

10 U.S.C. 1184(g)) is amended by adding at the end the fol11 lowing: 

12 ‘‘(12)(A) The free trade agreements referred to in sec13 tion 101(a)(15)(E)(iv) are defined as any free trade agree14 ment designated by the Secretary of Homeland Security 

15 with the concurrence of the United States Trade Represent16 ative and the Secretary of State. 

17 ‘‘(B) The Secretary of State may not approve a num18 ber of initial applications submitted for aliens described in 

19 clause (iv) or (v) of section 101(a)(15)(E) that is more than 

20 5,000 per fiscal year for each country with which the 

21 United States has entered into a Free Trade Agreement. 

22 ‘‘(C) The applicable numerical limitation referred to 

23 in subparagraph (A) shall apply only to principal aliens 

24 and not to the spouses or children of such aliens.’’. 


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1 (d) NONIMMIGRANT PROFESSIONALS.—Section 212(t) 

2 (8 U.S.C. 1182(t)) is amended by striking ‘‘section 

3 101(a)(15)(E)(iii)’’ each place that term appears and in4 serting ‘‘clause (iv) or (v) of section 101(a)(15)(E)’’. 

5 SEC. 4403. E–VISA REFORM. 

6 (a) NONIMMIGRANT CATEGORY.—Section 

7 101(a)(15)(E)(iii) (8 U.S.C. 1101(a)(15)(E)(iii)) is amend8 ed by inserting ‘‘, or solely to perform services as an em9 ployee and who has at least a high school education or its 

10 equivalent, or has, within 5 years, at least 2 years of work 

11 experience in an occupation which requires at least 2 years 

12 of training or experience if the alien is a national of the 

13 Republic of Ireland,’’ after ‘‘Australia’’. 

14 (b) TEMPORARY ADMISSION.—Section 212(d)(3)(A) (8 

15 U.S.C. 1182(d)(3)(A)) is amended to read as follows: 

16 ‘‘(A) Except as otherwise provided in this sub17 section— 

18 ‘‘(i) an alien who is applying for a non19 immigrant visa and who the consular officer 

20 knows or believes to be ineligible for such visa 

21 under subsection (a) (other than subparagraphs 

22 (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and 

23 (E)(ii) of paragraph (3) of such subsection)— 

24 ‘‘(I) after approval by the Secretary of 

25 Homeland Security of a recommendation by 


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1 the Secretary of State or by the consular of2 ficer that the alien be admitted temporarily 

3 despite the alien’s inadmissibility, may be 

4 granted such a visa and may be admitted 

5 into the United States temporarily as a 

6 nonimmigrant, in the discretion of the Sec7 retary of Homeland Security; or 

8 ‘‘(II) absent such recommendation and 

9 approval, be granted a nonimmigrant visa 

10 pursuant to section 101(a)(15)(E) if such 

11 ineligibility is based solely on conduct in 

12 violation of paragraph (6), (7), or (9) of 

13 section 212(a) that occurred before the date 

14 of the enactment of the Border Security, 

15 Economic Opportunity, and Immigration 

16 Modernization Act; and 

17 ‘‘(ii) an alien who is inadmissible under 

18 subsection (a) (other than subparagraphs 

19 (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and 

20 (E)(ii) of paragraph (3) of such subsection), is 

21 in possession of appropriate documents or was 

22 granted a waiver from such document require23 ment, and is seeking admission, may be admit24 ted into the United States temporarily as a non25 immigrant, in the discretion of the Secretary of 


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1 Homeland Security, who shall prescribe condi2 tions, including exaction of such bonds as may 

3 be necessary, to control and regulate the admis4 sion and return of inadmissible aliens applying 

5 for temporary admission under this para6 graph.’’. 

7 (c) NUMERICAL LIMITATION.—Section 214(g)(11)(B) 

8 (8 U.S.C. 1184(g)(11)(B)) is amended by striking the pe9 riod at the end and inserting ‘‘for each of the nationalities 

10 identified under section 101(a)(15)(E)(iii).’’. 

11 SEC. 4404. OTHER CHANGES TO NONIMMIGRANT VISAS. 

12 (a) PORTABILITY.—Paragraphs (1) and (2) of section 

13 214(n) (8 U.S.C. 1184(n)) are amended to read as follows: 

14 ‘‘(1) A nonimmigrant alien described in paragraph (2) 

15 who was previously issued a visa or otherwise provided non16 immigrant status under section 101(a)(15)(H)(i)(b) or 

17 101(a)(15)(O)(i) is authorized to accept new employment 

18 pursuant to such section upon the filing by the prospective 

19 employer of a new petition on behalf of such nonimmigrant 

20 as provided under subsection (a). Employment authoriza21 tion shall continue for such alien until the new petition 

22 is adjudicated. If the new petition is denied, such authoriza23 tion shall cease. 

24 ‘‘(2) A nonimmigrant alien described in this para25 graph is a nonimmigrant alien— 


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1 ‘‘(A) who has been lawfully admitted into the 

2 United States; 

3 ‘‘(B) on whose behalf an employer has filed a 

4 nonfrivolous petition for new employment before the 

5 date of expiration of the period of stay authorized by 

6 the Secretary of Homeland Security; and 

7 ‘‘(C) who, subsequent to such lawful admission, 

8 has not been employed without authorization in the 

9 United States before the filing of such petition.’’. 

10 (b) WAIVER.—The undesignated material at the end 

11 of section 214(c)(3) (8 U.S.C. 1184(c)(3)) is amended to 

12 read as follows: 

13 ‘‘The Secretary of Homeland Security shall provide by reg14 ulation for the waiver of the consultation requirement under 

15 subparagraph (A) in the case of aliens who have been ad16 mitted as nonimmigrants under section 101(a)(15)(O)(i) 

17 because of extraordinary ability in the arts or extraor18 dinary achievement in motion picture or television produc19 tion and who seek readmission to perform similar services 

20 within 3 years after the date of a consultation under such 

21 subparagraph provided that, in the case of aliens admitted 

22 because of extraordinary achievement in motion picture or 

23 television production, such waiver shall apply only if the 

24 prior consultations by the appropriate union and manage25 ment organization were favorable or raised no objection to 


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1 the approval of the petition. Not later than 5 days after 

2 such a waiver is provided, the Secretary shall forward a 

3 copy of the petition and all supporting documentation to 

4 the national office of an appropriate labor organization. In 

5 the case of an alien seeking entry for a motion picture or 

6 television production (i) any opinion under the previous 

7 sentence shall only be advisory; (ii) any such opinion that 

8 recommends denial must be in writing; (iii) in making the 

9 decision the Attorney General shall consider the exigencies 

10 and scheduling of the production; (iv) the Attorney General 

11 shall append to the decision any such opinion; and (v) upon 

12 making the decision, the Attorney General shall imme13 diately provide a copy of the decision to the consulting labor 

14 and management organizations.’’. 

15 SEC. 4405. TREATMENT OF NONIMMIGRANTS DURING ADJU16 DICATION OF APPLICATION. 

17 Section 214 (8 U.S.C. 1184), as amended by sections 

18 3609 and 4233, is further amended by adding at the end 

19 the following: 

20 ‘‘(u) TREATMENT OF NONIMMIGRANTS DURING ADJU21 DICATION OF APPLICATION.—A nonimmigrant alien grant22 ed employment authorization pursuant to sections 

23 101(a)(15)(A), 101(a)(15)(E), 101(a)(15)(G), 

24 101(a)(15)(H), 101(a)(15)(I), 101(a)(15)(J), 

25 101(a)(15)(L), 101(a)(15)(O), 101(a)(15)(P), 


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1 101(a)(15)(Q), 101(a)(15)(R), 214(e), and such other sec2 tions as the Secretary of Homeland Security may by regu3 lations prescribe whose status has expired but who has, or 

4 whose sponsoring employer or authorized agent has, filed 

5 a timely application or petition for an extension of such 

6 employment authorization and nonimmigrant status as 

7 provided under subsection (a) is authorized to continue em8 ployment with the same employer until the application or 

9 petition is adjudicated. Such authorization shall be subject 

10 to the same conditions and limitations as the initial grant 

11 of employment authorization.’’. 

12 SEC. 4406. NONIMMIGRANT ELEMENTARY AND SECONDARY 

13 SCHOOL STUDENTS. 

14 Section 214(m)(1)(B) (8 U.S.C. 1184(m)(1)(B)) is 

15 amended striking ‘‘unless—’’ and all that follows through 

16 ‘‘(ii)’’ and inserting ‘‘unless’’. 

17 SEC. 4407. J–1 SUMMER WORK TRAVEL VISA EXCHANGE VIS18 ITOR PROGRAM FEE. 

19 Section 281 (8 U.S.C. 1351), as amended by section 

20 4105, is further amended by adding at the end the fol21 lowing: 

22 ‘‘(e) J–1 VISA EXCHANGE VISITOR PROGRAM FEE.— 

23 ‘‘(1) IN GENERAL.—In addition to the fees au24 thorized under subsection (a), the Secretary of State 

25 shall collect from designated program sponsors, a 


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1 $500 fee for each nonimmigrant entering under the 

2 Summer Work Travel program conducted by the Sec3 retary of State pursuant to the Foreign Affairs Re4 form and Restructuring Act of 1998 (division G of 

5 Public Law 105–277; 112 Stat. 2681–761). Fees col6 lected under this subsection shall be deposited into the 

7 Comprehensive Immigration Reform Trust Fund es8 tablished under section 6(a)(1) of the Border Security, 

9 Economic Opportunity, and Immigration Moderniza10 tion Act. 

11 ‘‘(2) REGULATIONS AND LIMITATIONS.—The Sec12 retary of Homeland Security, in conjunction with the 

13 Secretary of State, shall promulgate regulations en14 suring that a fee required by paragraph (1) is paid 

15 on behalf of all summer work travel nonimmigrants 

16 under section 101(a)(15)(J) seeking entry into the 

17 United States. A fee related to the hiring of such a 

18 summer work travel nonimmigrant shall be paid by 

19 the designated program sponsor and may not be 

20 charged to such summer work travel nonimmigrant. 

21 There shall not be more than 1 fee collected per such 

22 summer work travel nonimmigrant.’’. 


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1 SEC. 4408. J VISA ELIGIBILITY FOR SPEAKERS OF CERTAIN 

2 FOREIGN LANGUAGES. 

3 (a) IN GENERAL.—Section 101(a)(15)(J) (8 U.S.C. 

4 1101(a)(15)(J)) is amended to read as follows: 

5 ‘‘(J) an alien having a residence in a for6 eign country which he has no intention of aban7 doning who— 

8 ‘‘(i) is a bona fide student, scholar, 

9 trainee, teacher, professor, research assist10 ant, specialist, or leader in a field of spe11 cialized knowledge or skill, or other person 

12 of similar description, who is coming tem13 porarily to the United States as a partici14 pant in a program designated by the Direc15 tor of the United States Information Agen16 cy, for the purpose of teaching, instructing 

17 or lecturing, studying, observing, conducting 

18 research, consulting, demonstrating special 

19 skills, or receiving training and who, if 

20 such alien is coming to the United States to 

21 participate in a program under which such 

22 alien will receive graduate medical edu23 cation or training, also meets the require24 ments of section 212(j), and the alien spouse 

25 and minor children of any such alien if acVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01743 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 companying such alien or following to join 

2 such alien; or 

3 ‘‘(ii) is coming to the United States to 

4 perform work involving specialized knowl5 edge or skill, including teaching on a full6 time or part-time basis, that requires pro7 ficiency of languages spoken as a native 

8 language in countries of which fewer than 

9 5,000 nationals were lawfully admitted for 

10 permanent residence in the United States in 

11 the previous year;’’. 

12 (b) REQUIREMENT FOR ANNUAL LIST OF COUN13 TRIES.—The Secretary of State shall publish an annual list 

14 of the countries described in clause (ii) of section 

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

16 U.S.C. 1101(a)(15)(J)), as added by subsection (a). 

17 SEC. 4409. F–1 VISA FEE. 

18 Section 281 (8 U.S.C. 1351), as amended by sections 

19 4105 and 4407, is further amended by adding at the end 

20 the following: 

21 ‘‘(f) F–1 VISA FEE.— 

22 ‘‘(1) IN GENERAL.—In addition to the fees au23 thorized under subsection (a), the Secretary of Home24 land Security shall collect a $100 fee from each non25 immigrant admitted under section 101(a)(15)(F)(i). 


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1 Fees collected under this subsection shall be deposited 

2 into the Comprehensive Immigration Reform Trust 

3 Fund established under section 6(a)(1) of the Border 

4 Security, Economic Opportunity, and Immigration 

5 Modernization Act. 

6 ‘‘(2) RULEMAKING.—The Secretary of Homeland 

7 Security, in conjunction with the Secretary of State, 

8 shall promulgate regulations to ensure that— 

9 ‘‘(A) the fee authorized under paragraph (1) 

10 is paid on behalf of all J–1 nonimmigrants seek11 ing entry into the United States; 

12 ‘‘(B) a fee related to the hiring of a J–1 

13 nonimmigrant is not deducted from the wages or 

14 other compensation paid to the J–1 non15 immigrant; and 

16 ‘‘(C) not more than 1 fee is collected per J– 

17 1 nonimmigrant.’’. 

18 SEC. 4410. PILOT PROGRAM FOR REMOTE B NONIMMIGRANT 

19 VISA INTERVIEWS. 

20 Section 222 (8 U.S.C. 1202) is amended by adding 

21 at the end the following: 

22 ‘‘(i)(1) Except as provided in paragraph (3), the Sec23 retary of State— 

24 ‘‘(A) shall develop and conduct a pilot program 

25 for processing visas under section 101(a)(15)(B) using 


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1 secure remote videoconferencing technology as a meth2 od for conducting any required in person interview of 

3 applicants; and 

4 ‘‘(B) in consultation with the heads of other Fed5 eral agencies that use such secure communications, 

6 shall help ensure the security of the videoconferencing 

7 transmission and encryption conducted under sub8 paragraph (A). 

9 ‘‘(2) Not later than 90 days after the termination of 

10 the pilot program authorized under paragraph (1), the Sec11 retary of State shall submit to the appropriate committees 

12 of Congress a report that contains— 

13 ‘‘(A) a detailed description of the results of such 

14 program, including an assessment of the efficacy, effi15 ciency, and security of the remote videoconferencing 

16 technology as a method for conducting visa interviews 

17 of applicants; and 

18 ‘‘(B) recommendations for whether such program 

19 should be continued, broadened, or modified. 

20 ‘‘(3) The pilot program authorized under paragraph 

21 (1) may not be conducted if the Secretary of State deter22 mines that such program— 

23 ‘‘(A) poses an undue security risk; and 

24 ‘‘(B) cannot be conducted in a manner consistent 

25 with maintaining security controls. 


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1 ‘‘(4) If the Secretary of State makes a determination 

2 under paragraph (3), the Secretary shall submit a report 

3 to the appropriate committees of Congress that describes the 

4 reasons for such determination. 

5 ‘‘(5) In this subsection: 

6 ‘‘(A) The term ‘appropriate committees of Con7 gress’ means— 

8 ‘‘(i) the Committee on the Judiciary, the 

9 Committee on Foreign Relations, and the Com10 mittee on Appropriations of the Senate; and 

11 ‘‘(ii) the Committee on the Judiciary, the 

12 Committee on Foreign Affairs, and the Com13 mittee on Appropriations of the House of Rep14 resentatives. 

15 ‘‘(B) The term ‘in person interview’ includes 

16 interviews conducted using remote video technology.’’. 

17 SEC. 4411. PROVIDING CONSULAR OFFICERS WITH ACCESS 

18 TO ALL TERRORIST DATABASES AND REQUIR19 ING HEIGHTENED SCRUTINY OF APPLICA20 TIONS FOR ADMISSION FROM PERSONS LIST21 ED ON TERRORIST DATABASES. 

22 Section 222 (8 U.S.C. 1202), as amended by section 

23 4410, is further amended by adding at the end the fol24 lowing: 


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1 ‘‘(j) PROVIDING CONSULAR OFFICERS WITH ACCESS

2 TO ALL TERRORIST DATABASES AND REQUIRING HEIGHT3 ENED SCRUTINY OF APPLICATIONS FOR ADMISSION FROM

4 PERSONS LISTED ON TERRORIST DATABASES.— 

5 ‘‘(1) ACCESS TO THE SECRETARY OF STATE.— 

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

7 subparagraph (B), the Secretary of State shall 

8 have access to all terrorism records and data9 bases maintained by any agency or department 

10 of the United States for the purposes of deter11 mining whether an applicant for admission 

12 poses a security threat to the United States. 

13 ‘‘(B) EXCEPTION.—The head of such an 

14 agency or department may only withhold access 

15 to terrorism records and databases from the Sec16 retary of State if such head is able to articulate 

17 that withholding is necessary to prevent the un18 authorized disclosure of information that clearly 

19 identifies, or would reasonably permit ready 

20 identification of, intelligence or sensitive law en21 forcement sources, methods, or activities. 

22 ‘‘(2) BIOGRAPHIC AND BIOMETRIC SCREENING.— 

23 ‘‘(A) REQUIREMENT FOR BIOGRAPHIC AND

24 BIOMETRIC SCREENING.—Notwithstanding any 

25 other provision of this Act, the Secretary of State 


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1 shall require every alien applying for admission 

2 to the United States to submit to biographic and 

3 biometric screening to determine whether the 

4 alien’s name or biometric information is listed 

5 in any terrorist watch list or database main6 tained by any agency or department of the 

7 United States. 

8 ‘‘(B) EXCLUSIONS.—No alien applying for 

9 a visa to the United States shall be granted such 

10 visa by a consular officer if the alien’s name or 

11 biometric information is listed in any terrorist 

12 watch list or database referred to in subpara13 graph (A) unless— 

14 ‘‘(i) screening of the alien’s visa appli15 cation against interagency counterterrorism 

16 screening systems which compare the appli17 cant’s information against data in all 

18 counterterrorism watch lists and databases 

19 reveals no potentially pertinent links to ter20 rorism; 

21 ‘‘(ii) the consular officer submits the 

22 application for further review to the Sec23 retary of State and the heads of other rel24 evant agencies, including the Secretary of 


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1 Homeland Security and the Director of Na2 tional Intelligence; and 

3 ‘‘(iii) the Secretary of State, after con4 sultation with the Secretary of Homeland 

5 Security, the Director of National Intel6 ligence, and the heads of other relevant 

7 agencies, certifies that the alien is admis8 sible to the United States.’’. 

9 SEC. 4412. VISA REVOCATION INFORMATION. 

10 Section 428 of the Homeland Security Act of 2002 (6 

11 U.S.C. 236) is amended by adding at the end the following: 

12 ‘‘(j) VISA REVOCATION INFORMATION.—If the Sec13 retary of State or the Secretary of Homeland Security re14 voke a visa— 

15 ‘‘(1) the fact of the revocation shall be imme16 diately provided to the relevant consular officers, law 

17 enforcement, and terrorist screening databases; and 

18 ‘‘(2) a notice of such revocation shall be posted 

19 to all Department of Homeland Security port inspec20 tors and to all consular officers.’’. 

21 SEC. 4413. STATUS FOR CERTAIN BATTERED SPOUSES AND 

22 CHILDREN. 

23 (a) NONIMMIGRANT STATUS FOR CERTAIN BATTERED

24 SPOUSES AND CHILDREN.—Section 101(a)(51) (8 U.S.C. 


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1 1101(a)(51)), as amended by section 2305(d)(6)(B)(i)(III), 

2 is further amended— 

3 (1) in subparagraph (E), by striking ‘‘or’’ at the 

4 end; 

5 (2) in subparagraph (F), by striking the period 

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

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

8 ‘‘(G) section 106 as an abused derivative 

9 alien.’’. 

10 (b) RELIEF FOR ABUSED DERIVATIVE ALIENS.— 

11 (1) IN GENERAL.—Section 106 (8 U.S.C. 1105a) 

12 is amended to read as follows: 

13 ‘‘SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS. 

14 ‘‘(a) ABUSED DERIVATIVE ALIEN DEFINED.—In this 

15 section, the term ‘abused derivative alien’ means an alien 

16 who— 

17 ‘‘(1) is the spouse or child admitted under sec18 tion 101(a)(15) or pursuant to a blue card status 

19 granted under section 2211 of the Border Security, 

20 Economic Opportunity, and Immigration Moderniza21 tion Act; 

22 ‘‘(2) is accompanying or following to join a 

23 principal alien admitted under such a section; and 

24 ‘‘(3) has been subjected to battery or extreme cru25 elty by such principal alien. 


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1 ‘‘(b) RELIEF FOR ABUSED DERIVATIVE ALIENS.—The 

2 Secretary of Homeland Security— 

3 ‘‘(1) shall grant or extend the status of admission 

4 of an abused derivative alien under section 101(a)(15) 

5 or section 2211 of the Border Security, Economic Op6 portunity, and Immigration Modernization Act under 

7 which the principal alien was admitted for the longer 

8 of— 

9 ‘‘(A) the same period for which the prin10 cipal was initially admitted; or 

11 ‘‘(B) a period of 3 years; 

12 ‘‘(2) may renew a grant or extension of status 

13 made under paragraph (1); 

14 ‘‘(3) shall grant employment authorization to an 

15 abused derivative alien; and 

16 ‘‘(4) may adjust the status of the abused deriva17 tive alien to that of an alien lawfully admitted for 

18 permanent residence if— 

19 ‘‘(A) the alien is admissible under section 

20 212(a) or the Secretary of Homeland Security 

21 finds the alien’s continued presence in the 

22 United States is justified on humanitarian 

23 grounds, to ensure family unity, or is otherwise 

24 in the public interest; and 


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1 ‘‘(B) the status under which the principal 

2 alien was admitted to the United States would 

3 have potentially allowed for eventual adjustment 

4 of status. 

5 ‘‘(c) EFFECT OF TERMINATION OF RELATIONSHIP.— 

6 Termination of the relationship with principal alien shall 

7 not affect the status of an abused derivative alien under 

8 this section if battery or extreme cruelty by the principal 

9 alien was 1 central reason for termination of the relation10 ship. 

11 ‘‘(d) PROCEDURES.—Requests for relief under this sec12 tion shall be handled under the procedures that apply to 

13 aliens seeking relief under section 204(a)(1)(C).’’. 

14 (2) TABLE OF CONTENTS AMENDMENT.—The 

15 table of contents in the first section is amended by 

16 striking the item relating to section 106 and inserting 

17 the following: 

‘‘Sec. 106. Relief for abused derivative aliens.’’. 

18 SEC. 4414. NONIMMIGRANT CREWMEN LANDING TEMPO19 RARILY IN HAWAII. 

20 (a) IN GENERAL.—Section 101(a)(15)(D)(ii) (8 

21 U.S.C. 1101(a)(15)(D)(ii)) is amended— 

22 (1) by striking ‘‘Guam’’ both places that term 

23 appears and inserting ‘‘Hawaii, Guam,’’; and 

24 (2) by striking the semicolon at the end and in25 serting ‘‘or some other vessel or aircraft;’’. 


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1 (b) TREATMENT OF DEPARTURES.—In the adminis2 tration of section 101(a)(15)(D)(ii) of the Immigration and 

3 Nationality Act (8 U.S.C. 1101(a)(15)(D)(ii)), an alien 

4 crewman shall be considered to have departed from Hawaii, 

5 Guam, or the Commonwealth of the Northern Mariana Is6 lands after leaving the territorial waters of Hawaii, Guam, 

7 or the Commonwealth of the Northern Mariana Islands, re8 spectively, without regard to whether the alien arrives in 

9 a foreign state before returning to Hawaii, Guam, or the 

10 Commonwealth of the Northern Mariana Islands. 

11 (c) CONFORMING AMENDMENT.—The Act entitled ‘‘An 

12 Act to amend the Immigration and Nationality Act to per13 mit nonimmigrant alien crewmen on fishing vessels to stop 

14 temporarily at ports in Guam’’, approved October 21, 1986 

15 (Public Law 99–505; 8 U.S.C. 1101 note) is amended by 

16 striking section 2. 

17 SEC. 4415. TREATMENT OF COMPACT OF FREE ASSOCIA18 TION MIGRANTS. 

19 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) is 

20 amended by inserting after section 214 the following: 

21 ‘‘SEC. 214A. TREATMENT OF COMPACT OF FREE ASSOCIA22 TION MIGRANTS. 

23 ‘‘Notwithstanding any other provision of law, with re24 spect to eligibility for benefits for the Federal program de25 fined in 402(b)(3)(C) of the Personal Responsibility and 


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1 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

2 1612(b)(3)(C)) (relating to the Medicaid program), sections 

3 401(a), 402(b)(1), and 403(a) of the Personal Responsi4 bility and Work Opportunity Reconciliation Act of 1996 

5 (8 U.S.C. 1611(a), 1612(b)(1), 1613(a)) shall not apply to 

6 any individual who lawfully resides in the United States 

7 in accordance with the Compacts of Free Association be8 tween the Government of the United States and the Govern9 ments of the Federated States of Micronesia, the Republic 

10 of the Marshall Islands, and the Republic of Palau. Any 

11 individual to which the preceding sentence applies shall be 

12 considered to be a qualified alien for purposes of title IV 

13 of the Personal Responsibility and Work Opportunity Rec14 onciliation Act of 1996 (8 U.S.C. 1601 et seq.), but only 

15 with respect to the designated Federal program defined in 

16 section 402(b)(3)(C) of such Act (relating to the Medicaid 

17 program) (8 U.S.C. 1612(b)(3)(C)).’’. 

18 (b) CONFORMING AMENDMENTS.—Section 1108 of the 

19 Social Security Act (42 U.S.C. 1308) is amended— 

20 (1) in subsection (f), in the matter preceding 

21 paragraph (1), by striking ‘‘subsection (g)’’ and in22 serting ‘‘subsections (g) and (h)’’; and 

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

24 ‘‘(h) The limitations of subsections (f) and (g) shall 

25 not apply with respect to medical assistance provided to 


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1 an individual described in section 214A of the Immigration 

2 and Nationality Act.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply to benefits for items and services fur5 nished on or after the date of the enactment of this Act. 

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 Act 

10 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.—Recognizing 

16 that the best solution for expedited processing is low 

17 interview wait times for all applicants, the Secretary 

18 of State shall nevertheless establish, on a limited, pilot 

19 basis only, a fee-based premium processing service to 

20 expedite interview appointments. In establishing a 

21 pilot processing service, the Secretary may— 

22 ‘‘(A) determine the consular posts at which 

23 the pilot service will be available; 

24 ‘‘(B) establish the duration of the pilot serv25 ice; 


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1 ‘‘(C) define the terms and conditions of the 

2 pilot service, with the goal of expediting visa ap3 pointments and the interview process for those 

4 electing to pay said fee for the service; and 

5 ‘‘(D) resources permitting, during the pilot 

6 service, consider the addition of consulates in lo7 cations advantageous to foreign policy objectives 

8 or in highly populated locales. 

9 ‘‘(2) FEES.— 

10 ‘‘(A) AUTHORITY TO COLLECT.—The Sec11 retary of State is authorized to collect, and set 

12 the amount of, a fee imposed for the premium 

13 processing service. The Secretary of State shall 

14 set the fee based on all relevant considerations 

15 including, the cost of expedited service. 

16 ‘‘(B) USE OF FEES.—Fees collected under 

17 the authority of subparagraph (A) shall be depos18 ited as an offsetting collection to any Depart19 ment of State appropriation, to recover the costs 

20 of providing consular services. Such fees shall re21 main available for obligation until expended. 

22 ‘‘(C) RELATIONSHIP TO OTHER FEES.— 

23 Such fee is in addition to any existing fee cur24 rently being collected by the Department of 

25 State. 


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1 ‘‘(D) NONREFUNDABLE.—Such fee will be 

2 nonrefundable to the applicant. 

3 ‘‘(3) DESCRIPTION OF PREMIUM PROCESSING.— 

4 Premium processing pertains solely to the expedited 

5 scheduling of a visa interview. Utilizing the premium 

6 processing service for an expedited interview appoint7 ment does not establish the applicant’s eligibility for 

8 a visa. The Secretary of State shall, if possible, in9 form applicants utilizing the premium processing of 

10 potential delays in visa issuance due to additional 

11 screening requirements, including necessary security12 related checks and clearances. 

13 ‘‘(4) REPORT TO CONGRESS.— 

14 ‘‘(A) REQUIREMENT FOR REPORT.—Not 

15 later than 18 months after the date of the enact16 ment of the JOLT Act of 2013, the Secretary of 

17 State shall submit to the appropriate committees 

18 of Congress a report on the results of the pilot 

19 service carried out under this section. 

20 ‘‘(B) APPROPRIATE COMMITTEES OF CON21 GRESS DEFINED.—In this paragraph, the term 

22 ‘appropriate committees of Congress’ means— 

23 ‘‘(i) the Committee on the Judiciary, 

24 the Committee on Foreign Relations, and 


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1 the Committee on Appropriations of the 

2 Senate; and 

3 ‘‘(ii) the Committee on the Judiciary, 

4 the Committee on Foreign Affairs, and the 

5 Committee on Appropriations of the House 

6 of Representatives.’’. 

7 SEC. 4503. ENCOURAGING CANADIAN TOURISM TO THE 

8 UNITED STATES. 

9 Section 214 (8 U.S.C. 1184), as amended by sections 

10 3609, 4233, and 4405, is further amended by adding at the 

11 end the following: 

12 ‘‘(v) CANADIAN RETIREES.— 

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

14 Security may admit as a visitor for pleasure as de15 scribed in section 101(a)(15)(B) any alien for a pe16 riod not to exceed 240 days, if the alien demonstrates, 

17 to the satisfaction of the Secretary, that the alien— 

18 ‘‘(A) is a citizen of Canada; 

19 ‘‘(B) is at least 55 years of age; 

20 ‘‘(C) maintains a residence in Canada; 

21 ‘‘(D) owns a residence in the United States 

22 or has signed a rental agreement for accommoda23 tions in the United States for the duration of the 

24 alien’s stay in the United States; 

25 ‘‘(E) is not inadmissible under section 212; 


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1 ‘‘(F) is not described in any ground of de2 portability under section 237; 

3 ‘‘(G) will not engage in employment or 

4 labor for hire in the United States; and 

5 ‘‘(H) will not seek any form of assistance or 

6 benefit described in section 403(a) of the Per7 sonal Responsibility and Work Opportunity Rec8 onciliation Act of 1996 (8 U.S.C. 1613(a)). 

9 ‘‘(2) SPOUSE.—The spouse of an alien described 

10 in paragraph (1) may be admitted under the same 

11 terms as the principal alien if the spouse satisfies the 

12 requirements of paragraph (1), other than subpara13 graphs (B) and (D). 

14 ‘‘(3) IMMIGRANT INTENT.—In determining eligi15 bility for admission under this subsection, mainte16 nance of a residence in the United States shall not be 

17 considered evidence of intent by the alien to abandon 

18 the alien’s residence in Canada. 

19 ‘‘(4) PERIOD OF ADMISSION.—During any single 

20 365-day period, an alien may be admitted as de21 scribed in section 101(a)(15)(B) pursuant to this sub22 section for a period not to exceed 240 days, beginning 

23 on the date of admission. Unless an extension is ap24 proved by the Secretary, periods of time spent outside 


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1 the United States during such 240-day period shall 

2 not toll the expiration of such 240-day period.’’. 

3 SEC. 4504. RETIREE VISA. 

4 (a) NONIMMIGRANT STATUS.—Section 101(a)(15), as 

5 amended, is further amended by inserting after subpara6 graph (X) the following: 

7 ‘‘(Y) subject to section 214(w), an alien 

8 who, after the date of the enactment of the JOLT 

9 Act of 2013— 

10 ‘‘(i)(I) uses at least $500,000 in cash 

11 to purchase 1 or more residences in the 

12 United States, which each sold for more 

13 than 100 percent of the most recent ap14 praised value of such residence, as deter15 mined by the property assessor in the city 

16 or county in which the residence is located; 

17 ‘‘(II) maintains ownership of residen18 tial property in the United States worth at 

19 least $500,000 during the entire period the 

20 alien remains in the United States as a 

21 nonimmigrant described in this subpara22 graph; and 

23 ‘‘(III) resides for more than 180 days 

24 per year in a residence in the United States 

25 that is worth at least $250,000; and 


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1 ‘‘(ii) the alien spouse and children of 

2 the alien described in clause (i) if accom3 panying or following to join the alien.’’. 

4 (b) VISA APPLICATION PROCEDURES.—Section 214 (8 

5 U.S.C. 1184), as amended by sections 3609, 4233, 4405, 

6 and 4503, is further amended by adding at the end the fol7 lowing: 

8 ‘‘(w) VISAS OF NONIMMIGRANTS DESCRIBED IN SEC9 TION 101(a)(15)(Y).— 

10 ‘‘(1) The Secretary of Homeland Security shall 

11 authorize the issuance of a nonimmigrant visa to any 

12 alien described in section 101(a)(15)(Y) who submits 

13 a petition to the Secretary that— 

14 ‘‘(A) demonstrates, to the satisfaction of the 

15 Secretary, that the alien— 

16 ‘‘(i) has purchased a residence in the 

17 United States that meets the criteria set 

18 forth in section 101(a)(15)(Y)(i); 

19 ‘‘(ii) is at least 55 years of age; 

20 ‘‘(iii) possesses health insurance cov21 erage; 

22 ‘‘(iv) is not inadmissible under section 

23 212; and 

24 ‘‘(v) will comply with the terms set 

25 forth in paragraph (2); and 


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1 ‘‘(B) includes payment of a fee in an 

2 amount equal to $1,000. 

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 sec7 tion 101(a)(15)(Y)(i) for more than 180 days per 

8 year; 

9 ‘‘(B) is not authorized to engage in employ10 ment in the United States, except for employ11 ment that is directly related to the management 

12 of the residential property described in section 

13 101(Y)(i)(II); 

14 ‘‘(C) is not eligible for any form of assist15 ance or benefit described in section 403(a) of the 

16 Personal Responsibility and Work Opportunity 

17 Reconciliation Act of 1996 (8 U.S.C. 1613(a)); 

18 and 

19 ‘‘(D) may renew such visa every 3 years 

20 under the same terms and conditions.’’. 

21 (c) USE OF FEE.—Fees collected under section 

22 214(w)(1)(B) of the Immigration and Nationality Act, as 

23 added by subsection (b), shall be deposited in the Com24 prehensive Immigration Reform Trust Fund established 

25 under section 6(a)(1). 


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1 SEC. 4505. INCENTIVES FOR FOREIGN VISITORS VISITING 

2 THE UNITED STATES DURING LOW PEAK SEA3 SONS. 

4 The Secretary of State shall make publically available, 

5 on a monthly basis, historical data, for the previous 2 years, 

6 regarding the availability of visa appointments for each 

7 visa processing post, to allow applicants to identify periods 

8 of low demand, when wait times tend to be lower. 

9 SEC. 4506. VISA WAIVER PROGRAM ENHANCED SECURITY 

10 AND REFORM. 

11 (a) DEFINITIONS.—Section 217(c)(1) (8 U.S.C. 

12 1187(c)(1)) is amended to read as follows: 

13 ‘‘(1) AUTHORITY TO DESIGNATE; DEFINITIONS.— 

14 ‘‘(A) AUTHORITY TO DESIGNATE.—The Sec15 retary of Homeland Security, in consultation 

16 with the Secretary of State, may designate any 

17 country as a program country if that country 

18 meets the requirements under paragraph (2). 

19 ‘‘(B) DEFINITIONS.—In this subsection: 

20 ‘‘(i) APPROPRIATE CONGRESSIONAL

21 COMMITTEES.—The term ‘appropriate con22 gressional committees’ means— 

23 ‘‘(I) the Committee on Foreign 

24 Relations, the Committee on Homeland 

25 Security and Governmental Affairs, 


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1 and the Committee on the Judiciary of 

2 the Senate; and 

3 ‘‘(II) the Committee on Foreign 

4 Affairs, the Committee on Homeland 

5 Security, and the Committee on the 

6 Judiciary of the House of Representa7 tives. 

8 ‘‘(ii) OVERSTAY RATE.— 

9 ‘‘(I) INITIAL DESIGNATION.—The 

10 term ‘overstay rate’ means, with re11 spect to a country being considered for 

12 designation in the program, the ratio 

13 of— 

14 ‘‘(aa) the number of nation15 als of that country who were ad16 mitted to the United States on the 

17 basis of a nonimmigrant visa 

18 under section 101(a)(15)(B) whose 

19 periods of authorized stay ended 

20 during a fiscal year but who re21 mained unlawfully in the United 

22 States beyond such periods; to 

23 ‘‘(bb) the number of nation24 als of that country who were ad25 mitted to the United States on the 


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1 basis of a nonimmigrant visa 

2 under section 101(a)(15)(B) whose 

3 periods of authorized stay ended 

4 during that fiscal year. 

5 ‘‘(II) CONTINUING DESIGNA6 TION.—The term ‘overstay rate’ means, 

7 for each fiscal year after initial des8 ignation under this section with re9 spect to a country, the ratio of— 

10 ‘‘(aa) the number of nation11 als of that country who were ad12 mitted to the United States under 

13 this section or on the basis of a 

14 nonimmigrant visa under section 

15 101(a)(15)(B) whose periods of 

16 authorized stay ended during a 

17 fiscal year but who remained un18 lawfully in the United States be19 yond such periods; to 

20 ‘‘(bb) the number of nation21 als of that country who were ad22 mitted to the United States under 

23 this section or on the basis of a 

24 nonimmigrant visa under section 

25 101(a)(15)(B) whose periods of 


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1 authorized stay ended during that 

2 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’’; and 

19 (2) in subsection (c)— 

20 (A) in paragraph (2)(C)(iii), by striking 

21 ‘‘Committee on the Judiciary and the Committee 

22 on International Relations of the House of Rep23 resentatives and the Committee on the Judiciary 

24 and the Committee on Foreign Relations of the 


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1 Senate’’ and inserting ‘‘appropriate congres2 sional 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 Committee 

9 on Homeland Security and Governmental Af10 fairs of the Senate’’ and inserting ‘‘appropriate 

11 congressional committees’’; and 

12 (C) in paragraph (7), by striking subpara13 graph (E). 

14 (c) DESIGNATION OF PROGRAM COUNTRIES BASED ON

15 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 follows: 

18 ‘‘(A) GENERAL NUMERICAL LIMITATIONS.— 

19 ‘‘(i) LOW NONIMMIGRANT VISA RE20 FUSAL RATE.—The percentage of nationals 

21 of that country refused nonimmigrant visas 

22 under section 101(a)(15)(B) during the pre23 vious full fiscal year was not more than 3 

24 percent of the total number of nationals of 

25 that country who were granted or refused 


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1 nonimmigrant visas under such section dur2 ing such year. 

3 ‘‘(ii) LOW NONIMMIGRANT OVERSTAY

4 RATE.—The overstay rate for that country 

5 was not more than 3 percent during the 

6 previous fiscal year.’’. 

7 (2) QUALIFICATION CRITERIA.—Section 

8 217(c)(3) (8 U.S.C. 1187(c)(3)) is amended to read as 

9 follows: 

10 ‘‘(3) QUALIFICATION CRITERIA.—After designa11 tion as a program country under section 217(c)(2), a 

12 country may not continue to be designated as a pro13 gram country unless the Secretary of Homeland Secu14 rity, in consultation with the Secretary of State, de15 termines, pursuant to the requirements under para16 graph (5), that the designation will be continued.’’. 

17 (3) INITIAL PERIOD.—Section 217(c) (8 U.S.C. 

18 1187(c)) is amended by striking paragraph (4). 

19 (4) CONTINUING DESIGNATION.—Section 

20 217(c)(5)(A)(i)(II) (8 U.S.C. 1187(c)(5)(A)(i)(II)) is 

21 amended to read as follows: 

22 ‘‘(II) shall determine, 

23 based upon the evaluation in 

24 subclause (I), whether any 

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1 section (d) or (f), or proba2 tion under subsection (f), 

3 ought to be continued or ter4 minated;’’. 

5 (5) COMPUTATION OF VISA REFUSAL RATES; JU6 DICIAL REVIEW.—Section 217(c)(6) (8 U.S.C. 

7 1187(c)(6)) is amended to read as follows: 

8 ‘‘(6) COMPUTATION OF VISA REFUSAL RATES AND

9 JUDICIAL REVIEW.— 

10 ‘‘(A) COMPUTATION OF VISA REFUSAL

11 RATES.—For purposes of determining the eligi12 bility of a country to be designated as a program 

13 country, the calculation of visa refusal rates 

14 shall not include any visa refusals which incor15 porate any procedures based on, or are otherwise 

16 based on, race, sex, or disability, unless otherwise 

17 specifically authorized by law or regulation. 

18 ‘‘(B) JUDICIAL REVIEW.—No court shall 

19 have jurisdiction under this section to review 

20 any visa refusal, the Secretary of State’s com21 putation of a visa refusal rate, the Secretary of 

22 Homeland Security’s computation of an overstay 

23 rate, or the designation or nondesignation of a 

24 country as a program country.’’. 


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1 (6) VISA WAIVER INFORMATION.—Section 

2 217(c)(7) (8 U.S.C. 1187(c)(7)), as amended by sub3 section (b)(2)(C), is further amended— 

4 (A) by striking subparagraphs (B) through 

5 (D); and 

6 (B) by striking ‘‘WAIVER INFORMATION.—’’ 

7 and all that follows through ‘‘In refusing’’ and 

8 inserting ‘‘WAIVER INFORMATION.—In refusing’’. 

9 (7) WAIVER AUTHORITY.—Section 217(c)(8) (8 

10 U.S.C. 1187(c)(8)) is amended to read as follows: 

11 ‘‘(8) WAIVER AUTHORITY.—The Secretary of 

12 Homeland Security, in consultation with the Sec13 retary of State, may waive the application of para14 graph (2)(A)(i) for a country if— 

15 ‘‘(A) the country meets all other require16 ments of paragraph (2); 

17 ‘‘(B) the Secretary of Homeland Security 

18 determines that the totality of the country’s secu19 rity risk mitigation measures provide assurance 

20 that the country’s participation in the program 

21 would not compromise the law enforcement, secu22 rity interests, or enforcement of the immigration 

23 laws of the United States; 

24 ‘‘(C) there has been a general downward 

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1 try refused nonimmigrant visas under section 

2 101(a)(15)(B); 

3 ‘‘(D) the country consistently cooperated 

4 with the Government of the United States on 

5 counterterrorism initiatives, information shar6 ing, preventing terrorist travel, and extradition 

7 to the United States of individuals (including 

8 the country’s own nationals) who commit crimes 

9 that violate United States law before the date of 

10 its designation as a program country, and the 

11 Secretary of Homeland Security and the Sec12 retary of State assess that such cooperation is 

13 likely to continue; and 

14 ‘‘(E) the percentage of nationals of the 

15 country refused a nonimmigrant visa under sec16 tion 101(a)(15)(B) during the previous full fiscal 

17 year was not more than 10 percent of the total 

18 number of nationals of that country who were 

19 granted or refused such nonimmigrant visas.’’. 

20 (d) TERMINATION OF DESIGNATION; PROBATION.— 

21 Section 217(f) (8 U.S.C. 1187(f)) is amended to read as 

22 follows: 

23 ‘‘(f) TERMINATION OF DESIGNATION; PROBATION.— 

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


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1 ‘‘(A) PROBATIONARY PERIOD.—The term 

2 ‘probationary period’ means the fiscal year in 

3 which a probationary country is placed in pro4 bationary status under this subsection. 

5 ‘‘(B) PROGRAM COUNTRY.—The term ‘pro6 gram country’ has the meaning given that term 

7 in subsection (c)(1)(B). 

8 ‘‘(2) DETERMINATION, NOTICE, AND INITIAL PRO9 BATIONARY PERIOD.— 

10 ‘‘(A) DETERMINATION OF PROBATIONARY

11 STATUS AND NOTICE OF NONCOMPLIANCE.—As 

12 part of each program country’s periodic evalua13 tion required by subsection (c)(5)(A), the Sec14 retary of Homeland Security shall determine 

15 whether a program country is in compliance 

16 with the program requirements under subpara17 graphs (A)(ii) through (F) of subsection (c)(2). 

18 ‘‘(B) INITIAL PROBATIONARY PERIOD.—If 

19 the Secretary of Homeland Security determines 

20 that a program country is not in compliance 

21 with the program requirements under subpara22 graphs (A)(ii) through (F) of subsection (c)(2), 

23 the Secretary of Homeland Security shall place 

24 the program country in probationary status for 


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1 the fiscal year following the fiscal year in which 

2 the periodic evaluation is completed. 

3 ‘‘(3) ACTIONS AT THE END OF THE INITIAL PRO4 BATIONARY PERIOD.—At the end of the initial proba5 tionary period of a country under paragraph (2)(B), 

6 the Secretary of Homeland Security shall take 1 of 

7 the following actions: 

8 ‘‘(A) COMPLIANCE DURING INITIAL PROBA9 TIONARY PERIOD.—If the Secretary determines 

10 that all instances of noncompliance with the pro11 gram requirements under subparagraphs (A)(ii) 

12 through (F) of subsection (c)(2) that were identi13 fied in the latest periodic evaluation have been 

14 remedied by the end of the initial probationary 

15 period, the Secretary shall end the country’s pro16 bationary period. 

17 ‘‘(B) NONCOMPLIANCE DURING INITIAL PRO18 BATIONARY PERIOD.—If the Secretary determines 

19 that any instance of noncompliance with the 

20 program requirements under subparagraphs 

21 (A)(ii) through (F) of subsection (c)(2) that were 

22 identified in the latest periodic evaluation has 

23 not been remedied by the end of the initial pro24 bationary period— 


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1 ‘‘(i) the Secretary may terminate the 

2 country’s participation in the program; or 

3 ‘‘(ii) on an annual basis, the Secretary 

4 may continue the country’s probationary 

5 status if the Secretary, in consultation with 

6 the Secretary of State, determines that the 

7 country’s continued participation in the 

8 program is in the national interest of the 

9 United States. 

10 ‘‘(4) ACTIONS AT THE END OF ADDITIONAL PRO11 BATIONARY PERIODS.—At the end of all probationary 

12 periods granted to a country pursuant to paragraph 

13 (3)(B)(ii), the Secretary shall take 1 of the following 

14 actions: 

15 ‘‘(A) COMPLIANCE DURING ADDITIONAL PE16 RIOD.—The Secretary shall end the country’s 

17 probationary status if the Secretary determines 

18 during the latest periodic evaluation required by 

19 subsection (c)(5)(A) that the country is in com20 pliance with the program requirements under 

21 subparagraphs (A)(ii) through (F) of subsection 

22 (c)(2). 

23 ‘‘(B) NONCOMPLIANCE DURING ADDITIONAL

24 PERIODS.—The Secretary shall terminate the 

25 country’s participation in the program if the 


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1 Secretary determines during the latest periodic 

2 evaluation required by subsection (c)(5)(A) that 

3 the program country continues to be in non4 compliance with the program requirements 

5 under subparagraphs (A)(ii) through (F) of sub6 section (c)(2). 

7 ‘‘(5) EFFECTIVE DATE.—The termination of a 

8 country’s participation in the program under para9 graph (3)(B) or (4)(B) shall take effect on the first 

10 day of the first fiscal year following the fiscal year in 

11 which the Secretary determines that such participa12 tion shall be terminated. Until such date, nationals of 

13 the country shall remain eligible for a waiver under 

14 subsection (a). 

15 ‘‘(6) TREATMENT OF NATIONALS AFTER TERMI16 NATION.—For purposes of this subsection and sub17 section (d)— 

18 ‘‘(A) nationals of a country whose designa19 tion is terminated under paragraph (3) or (4) 

20 shall remain eligible for a waiver under sub21 section (a) until the effective date of such termi22 nation; and 

23 ‘‘(B) a waiver under this section that is 

24 provided to such a national for a period de25 scribed in subsection (a)(1) shall not, by such 


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1 termination, be deemed to have been rescinded or 

2 otherwise rendered invalid, if the waiver is 

3 granted prior to such termination. 

4 ‘‘(7) CONSULTATIVE ROLE OF THE SECRETARY

5 OF STATE.—In this subsection, references to subpara6 graphs (A)(ii) through (F) of subsection (c)(2) and 

7 subsection (c)(5)(A) carry with them the consultative 

8 role of the Secretary of State as provided in those 

9 provisions.’’. 

10 (e) REVIEW OF OVERSTAY TRACKING METHOD11 OLOGY.—Not later than 180 days after the date of the enact12 ment of this Act, the Comptroller General of the United 

13 States shall conduct a review of the methods used by the 

14 Secretary— 

15 (1) to track aliens entering and exiting the 

16 United States; and 

17 (2) to detect any such alien who stays longer 

18 than such alien’s period of authorized admission. 

19 (f) EVALUATION OF ELECTRONIC SYSTEM FOR TRAVEL

20 AUTHORIZATION.—Not later than 90 days after the date of 

21 the enactment of this Act, the Secretary shall submit to Con22 gress— 

23 (1) an evaluation of the security risks of aliens 

24 who enter the United States without an approved 


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1 Electronic System for Travel Authorization 

2 verification; and 

3 (2) a description of any improvements needed to 

4 minimize the number of aliens who enter the United 

5 States without the verification described in paragraph 

6 (1). 

7 (g) SENSE OF CONGRESS ON PRIORITY FOR REVIEW

8 OF PROGRAM COUNTRIES.—It is the sense of Congress that 

9 the Secretary, in the process of conducting evaluations of 

10 countries participating in the visa waiver program under 

11 section 217 of the Immigration and Nationality Act (8 

12 U.S.C. 1187), should prioritize the reviews of countries in 

13 which circumstances indicate that such a review is nec14 essary or desirable. 

15 (h) ELIGIBILITY OF HONG KONG SPECIAL ADMINIS16 TRATIVE REGION FOR DESIGNATION FOR PARTICIPATION IN

17 VISA WAIVER PROGRAM FOR CERTAIN VISITORS TO THE

18 UNITED STATES.—Section 217(c) (8 U.S.C. 1187(c)) is 

19 amended by adding at the end the following new paragraph: 

20 ‘‘(12) ELIGIBILITY OF CERTAIN REGION FOR

21 DESIGNATION AS PROGRAM COUNTRY.—The Hong 

22 Kong Special Administrative Region of the People’s 

23 Republic of China— 


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1 ‘‘(A) shall be eligible for designation as a 

2 program country for purposes of this subsection; 

3 and 

4 ‘‘(B) may be designated as a program coun5 try for purposes of this subsection if such region 

6 meets requirements applicable for such designa7 tion in this subsection.’’. 

8 SEC. 4507. EXPEDITING ENTRY FOR PRIORITY VISITORS. 

9 Section 7208(k)(4) of the Intelligence Reform and Ter10 rorism Prevention Act of 2004 (8 U.S.C. 1365b(k)(4)) is 

11 amended to read as follows: 

12 ‘‘(4) EXPEDITING ENTRY FOR PRIORITY VISI13 TORS.— 

14 ‘‘(A) IN GENERAL.—The Secretary of Home15 land Security may expand the enrollment across 

16 registered traveler programs to include eligible 

17 individuals employed by international organiza18 tions, selected by the Secretary, which maintain 

19 strong working relationships with the United 

20 States. 

21 ‘‘(B) REQUIREMENTS.—An individual may 

22 not be enrolled in a registered traveler program 

23 unless— 


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1 ‘‘(i) the individual is sponsored by an 

2 international organization selected by the 

3 Secretary under subparagraph (A); and 

4 ‘‘(ii) the government that issued the 

5 passport that the individual is using has 

6 entered into a Trusted Traveler Arrange7 ment with the Department of Homeland Se8 curity to participate in a registered traveler 

9 program. 

10 ‘‘(C) SECURITY REQUIREMENTS.—An indi11 vidual may not be enrolled in a registered trav12 eler program unless the individual has success13 fully completed all applicable security require14 ments established by the Secretary, including co15 operation from the applicable foreign govern16 ment, to ensure that the individual does not pose 

17 a risk to the United States. 

18 ‘‘(D) DISCRETION.—Except as provided in 

19 subparagraph (E), the Secretary shall retain 

20 unreviewable discretion to offer or revoke enroll21 ment in a registered traveler program to any in22 dividual. 

23 ‘‘(E) INELIGIBLE TRAVELERS.—An indi24 vidual who is a citizen of a state sponsor of ter25 rorism (as defined in section 301(13) of the ComVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01780 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 prehensive Iran Sanctions, Accountability, and 

2 Divestment Act of 2010 (22 U.S.C. 8541(13)) 

3 may not be enrolled in a registered traveler pro4 gram.’’. 

5 SEC. 4508. VISA PROCESSING. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law and not later than 90 days after the date of 

8 the enactment of this Act, the Secretary of State shall— 

9 (1) require United States diplomatic and con10 sular missions— 

11 (A) to conduct visa interviews for non12 immigrant visa applications determined to re13 quire a consular interview in an expeditious 

14 manner, consistent with national security re15 quirements, and in recognition of resource allo16 cation considerations, such as the need to ensure 

17 provision of consular services to citizens of the 

18 United States; 

19 (B) to set a goal of interviewing 80 percent 

20 of all nonimmigrant visa applicants, worldwide, 

21 within 3 weeks of receipt of application, subject 

22 to the conditions outlined in subparagraph (A); 

23 and 

24 (C) to explore expanding visa processing ca25 pacity in China and Brazil, with the goal of 


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1 maintaining interview wait times under 15 work 

2 days on a consistent, year-round basis, recog3 nizing that demand can spike suddenly and un4 predictably and that the first priority of United 

5 States missions abroad is the protection of citi6 zens of the United States; and 

7 (2) submit to the appropriate committees of Con8 gress a detailed strategic plan that describes the re9 sources needed to carry out paragraph (1)(A). 

10 (b) APPROPRIATE COMMITTEES OF CONGRESS.—In 

11 this section, the term ‘‘appropriate committees of Congress’’ 

12 means— 

13 (1) the Committee on the Judiciary, the Com14 mittee on Foreign Relations, and the Committee on 

15 Appropriations of the Senate; and 

16 (2) the Committee on the Judiciary, the Com17 mittee on Foreign Affairs, and the Committee on Ap18 propriations of the House of Representatives. 

19 (c) SEMI-ANNUAL REPORT.—Not later than 30 days 

20 after the end of the first 6 months after the implementation 

21 of subsection (a), and not later than 30 days after the end 

22 of each subsequent quarter, the Secretary of State shall sub23 mit to the appropriate committees of Congress a report that 

24 provides— 


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1 (1) data substantiating the efforts of the Sec2 retary of State to meet the requirements and goals de3 scribed in subsection (a); 

4 (2) any factors that have negatively impacted the 

5 efforts of the Secretary to meet such requirements and 

6 goals; and 

7 (3) any measures that the Secretary plans to im8 plement to meet such requirements and goals. 

9 (d) SAVINGS PROVISION.— 

10 (1) IN GENERAL.—Nothing in subsection (a) 

11 may be construed to affect a consular officer’s author12 ity— 

13 (A) to deny a visa application under sec14 tion 221(g) of the Immigration and Nationality 

15 Act (8 U.S.C. 1201(g)); or 

16 (B) to initiate any necessary or appropriate 

17 security-related check or clearance. 

18 (2) SECURITY CHECKS.—The completion of a se19 curity-related check or clearance shall not be subject 

20 to the time limits set out in subsection (a). 

21 SEC. 4509. B VISA FEE. 

22 Section 281 (8 U.S.C. 1351), as amended by sections 

23 4105, 4407, and 4408, is further amended by adding at the 

24 end the following: 


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1 ‘‘(g) B VISA FEE.—In addition to the fees authorized 

2 under subsection (a), the Secretary of Homeland Security 

3 shall collect a $5 fee from each nonimmigrant admitted 

4 under section 101(a)(15)(B). Fees collected under this sub5 section shall be deposited into the Comprehensive Immigra6 tion Reform Trust Fund established under section 6(a)(1) 

7 of the Illegal Immigration Reform and Immigrant Respon8 sibility Act of 1996.’’. 

9 Subtitle F—Reforms to the H–2B 

10 Visa Program 

11 SEC. 4601. EXTENSION OF RETURNING WORKER EXEMP12 TION TO H–2B NUMERICAL LIMITATION. 

13 (a) IN GENERAL.— 

14 (1) IN GENERAL.—Subparagraph (A) of para15 graph (10) of section 214(g) (8 U.S.C. 1184(g)), as re16 designated by section 4101(a)(3), is amended by strik17 ing ‘‘fiscal year 2004, 2005, or 2006 shall not again 

18 be counted toward such limitation during fiscal year 

19 2007.’’ and inserting ‘‘fiscal year 2013 shall not 

20 again be counted toward such limitation during fiscal 

21 years 2014 through 2018.’’. 

22 (2) EFFECTIVE PERIOD.—The amendment made 

23 by paragraph (1) shall be effective during the period 

24 beginning on the effective date described in subsection 

25 (c) and ending on September 30, 2018. 


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1 (b) TECHNICAL AND CLARIFYING AMENDMENTS.— 

2 (1) NONIMMIGRANT STATUS.—Section 

3 101(a)(15)(P) (8 U.S.C. 1101(a)(15)(P)) is amend4 ed— 

5 (A) in clause (iii), by striking ‘‘or’’ at the 

6 end; 

7 (B) in clause (iv), by striking ‘‘clause (i), 

8 (ii), or (iii),’’ and inserting ‘‘clause (i), (ii), 

9 (iii), or (iv)’’; 

10 (C) by redesignating clause (iv) as clause 

11 (v); and 

12 (D) by inserting after clause (iii) the fol13 lowing: 

14 ‘‘(iv) is a ski instructor, who has been 

15 certified as a level I, II, or III ski and 

16 snowboard instructor by the Professional 

17 Ski Instructors of America or the American 

18 Association of Snowboard Instructors, or re19 ceived an equivalent certification in the 

20 alien’s country of origin, and is seeking to 

21 enter the United States temporarily to per22 form instructing services; or’’. 

23 (2) AUTHORIZED PERIOD OF STAY; NUMERICAL

24 LIMITATION.—Section 214(a)(2)(B) (8 U.S.C. 

25 1184(a)(2)(B)) is amended in the second sentence— 


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1 (A) by inserting ‘‘or ski instructors’’ after 

2 ‘‘athletes’’; and 

3 (B) by inserting ‘‘or ski instructor’’ after 

4 ‘‘athlete’’. 

5 (3) CONSTRUCTION.—Nothing in the amend6 ments made by this subsection may be construed as 

7 preventing an alien who is a ski instructor from ob8 taining nonimmigrant status under section 

9 101(a)(15)(H)(ii)(b) of the Immigration and Nation10 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) if such 

11 alien is otherwise qualified for such status. 

12 (c) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall take effect as if enacted on January 1, 

14 2013. 

15 SEC. 4602. OTHER REQUIREMENTS FOR H–2B EMPLOYERS. 

16 Section 214 (8 U.S.C. 1184), as amended by sections 

17 3609, 4233, 4405, 4503, and 4504, is further amended by 

18 adding at the end the following: 

19 ‘‘(x) REQUIREMENTS FOR H–2B EMPLOYERS.— 

20 ‘‘(1) H–2B NONIMMIGRANT DEFINED.—In this 

21 subsection the term ‘H–2B nonimmigrant’ means an 

22 alien admitted to the United States pursuant to sec23 tion 101(a)(15)(H)(ii)(B). 

24 ‘‘(2) NON-DISPLACEMENT OF UNITED STATES

25 WORKERS.—An employer who seeks to employ an H– 


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1 2B nonimmigrant admitted in an occupational clas2 sification shall certify and attest that the employer 

3 did not displace and will not displace a United 

4 States worker employed by the employer in the same 

5 metropolitan statistical area where such non6 immigrant will be hired within the period beginning 

7 90 days before the start date and ending on the end 

8 date for which the employer is seeking the services of 

9 such nonimmigrant as specified on an application for 

10 labor certification under this Act. 

11 ‘‘(3) TRANSPORTATION COSTS.—The employer 

12 shall pay the transportation costs, including reason13 able subsistence costs during the period of travel, for 

14 an H–2B nonimmigrant hired by the employer— 

15 ‘‘(A) from the place of recruitment to the 

16 place of such nonimmigrant’s employment; and 

17 ‘‘(B) from the place of employment to such 

18 nonimmigrant’s place of permanent residence or 

19 a subsequent worksite. 

20 ‘‘(4) PAYMENT OF FEES.—A fee related to the 

21 hiring of an H–2B nonimmigrant required to be paid 

22 by an employer under this Act shall be paid by the 

23 employer and may not be deducted from the wages or 

24 other compensation paid to an H–2B nonimmigrant. 


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1 ‘‘(5) H–2B NONIMMIGRANT LABOR CERTIFI2 CATION APPLICATION FEE.— 

3 ‘‘(A) IN GENERAL.—To recover costs of car4 rying out labor certification activities under the 

5 H–2B program, the Secretary of Labor shall im6 pose a $500 fee on an employer that submits an 

7 application for an employment certification for 

8 aliens granted H–2B nonimmigrant status to the 

9 Secretary of Labor under this subparagraph on 

10 or after the date that is 30 days after the date 

11 of the enactment of the Illegal Immigration Re12 form and Immigrant Responsibility Act of 

13 1996.’’. 

14 ‘‘(B) USE OF FEES.—The fees collected 

15 under subparagraph (A) shall be deposited in the 

16 Comprehensive Immigration Reform Trust Fund 

17 established under section 6 of the Illegal Immi18 gration Reform and Immigrant Responsibility 

19 Act of 1996.’’. 

20 SEC. 4603. EXECUTIVES AND MANAGERS. 

21 Section 214(a)(1) (8 U.S.C. 1184(a)(1)) is amended 

22 by adding at the end the following: ‘‘Aliens admitted under 

23 section 101(a)(15) should include— 

24 ‘‘(A) executives and managers employed by a 

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1 iate or subsidiary thereof who are principally sta2 tioned abroad and who seek to enter the United States 

3 for periods of 90 days or less to oversee and observe 

4 the United States operations of their related compa5 nies, and establish strategic objectives when needed; or 

6 ‘‘(B) employees of multinational corporations 

7 who enter the United States to observe the operations 

8 of a related United States company and participate 

9 in select leadership and development training activi10 ties, whether or not the activity is part of a formal 

11 or classroom training program for a period not to ex12 ceed 180 days. 

13 Nonimmigrant aliens admitted pursuant to section 

14 101(a)(15) and engaged in the activities described in 

15 the subparagraph (A) or (B) may not receive a salary 

16 from a United States source, except for incidental ex17 penses for meals, travel, lodging and other basic serv18 ices.’’. 

19 SEC. 4604. HONORARIA. 

20 Section 212(q) (8 U.S.C. 1182(q)) is amended to read 

21 as follows: 

22 ‘‘(q)(1) Any alien admitted under section 

23 101(a)(15)(B) may accept an honorarium payment and as24 sociated incidental expenses, for a usual academic activity 

25 or activities (lasting not longer than 9 days at any single 


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1 institution), as defined by the Attorney General in consulta2 tion with the Secretary of Education, or for a performance, 

3 appearance and participation in United States based pro4 gramming, including scripted or unscripted programming 

5 (with services not rendered for more than 60 days in a 6 

6 month period) if the alien has received a letter of invitation 

7 from the institution, organization, or media outlet, such 

8 payment is offered by an institution, organization, or 

9 media outlet described in paragraph (2) and is made for 

10 services conducted for the benefit of that institution, entity 

11 or media outlet and if the alien has not accepted such pay12 ment or expenses from more than 5 institutions, organiza13 tions, or media outlets in the previous 6-month period. Any 

14 alien who is admitted under section 101(a)(15)(B) or any 

15 other valid visa may perform services under this section 

16 without reentering the United States and without a letter 

17 of invitation, if the alien does not receive any remuneration 

18 including an honorarium payment or incidental expenses, 

19 but may receive prize money. 

20 ‘‘(2) An institution, organization, or media outlet de21 scribed in this paragraph— 

22 ‘‘(A) an institution of higher education (as de23 fined in section 101(a) of the Higher Education Act 

24 of 1965 (20 U.S.C. 1001(a))) or a related or affiliated 

25 nonprofit entity; 


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1 ‘‘(B) a nonprofit research organization or a gov2 ernmental research organization; and 

3 ‘‘(C) a broadcast network, cable entity, produc4 tion company, new media, internet and mobile based 

5 companies, who create or distribute programming 

6 content.’’. 

7 SEC. 4605. NONIMMIGRANTS PARTICIPATING IN RELIEF OP8 ERATIONS. 

9 Section 214 (8 U.S.C. 1184), as amended by sections 

10 3609, 4233, 4405, 4503, 4504, and 4602, is further amended 

11 by adding at the end following: 

12 ‘‘(y) NONIMMIGRANTS PARTICIPATING IN RELIEF OP13 ERATIONS.— 

14 ‘‘(1) IN GENERAL.—An alien coming individ15 ually, or aliens coming as a group, to participate in 

16 relief operations, including critical infrastructure re17 pairs or improvements, needed in response to a Fed18 eral or State declared emergency or disaster, may be 

19 admitted to the United States pursuant to section 

20 101(a)(15)(B) for a period of not more than 90 days 

21 if each such alien has been employed in a foreign 

22 country by 1 employer for not less than 1 year prior 

23 to the date the alien is so admitted. 

24 ‘‘(2) PROHIBITION ON INCOME FROM A UNITED

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1 suant to paragraph (1), an alien may not receive in2 come from a United States source, except for inci3 dental expenses for meals, travel, lodging, and other 

4 basic services.’’. 

5 SEC. 4606. NONIMMIGRANTS PERFORMING MAINTENANCE 

6 ON COMMON CARRIERS. 

7 Section 214 (8 U.S.C. 1184), as amended by sections 

8 3609, 4233, 4405, 4503, 4504, 4602, and 4603, is further 

9 amended by adding at the end following: 

10 ‘‘(z) NONIMMIGRANTS PERFORMING MAINTENANCE ON

11 COMMON CARRIER.— 

12 ‘‘(1) IN GENERAL.—An alien coming individ13 ually, or aliens coming as a group, who possess spe14 cialized knowledge to perform maintenance or repairs 

15 for common carriers, including to airlines, cruise 

16 lines, and railways, if such maintenance or repairs 

17 are occurring to equipment or machinery manufac18 tured outside of the United States and are needed for 

19 purposes relating to life, health, and safety, may be 

20 admitted to the United States pursuant to section 

21 101(a)(15)(B) for a period of not more than 90 days 

22 if each such alien has been employed in a foreign 

23 country by 1 employer for not less than 1 year prior 

24 to the date the alien is so admitted. 


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1 ‘‘(2) PROHIBITION ON INCOME FROM A UNITED

2 STATES SOURCE.—During a period of admission pur3 suant to paragraph (1), an alien may not receive in4 come from a United States source, except for inci5 dental expenses for meals, travel, lodging, and other 

6 basic services. 

7 ‘‘(3) FEE.— 

8 ‘‘(A) IN GENERAL.—An alien admitted pur9 suant to paragraph (1) shall pay a fee of $500 

10 in addition to any fee assessed to cover the costs 

11 to process an application under this subsection. 

12 ‘‘(B) USE OF FEE.—The fees collected under 

13 subparagraph (A) shall be deposited in the Com14 prehensive Immigration Reform Trust Fund es15 tablished under section 6(a)(1) of the Illegal Im16 migration Reform and Immigrant Responsibility 

17 Act of 1996.’’. 

18 Subtitle G—W Nonimmigrant Visas 

19 SEC. 4701. BUREAU OF IMMIGRATION AND LABOR MARKET 

20 RESEARCH. 

21 (a) DEFINITIONS.—In this section: 

22 (1) BUREAU.—Except as otherwise specifically 

23 provided, the term ‘‘Bureau’’ means the Bureau of 

24 Immigration and Labor Market Research established 

25 under subsection (b). 


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1 (2) COMMISSIONER.—The term ‘‘Commissioner’’ 

2 means the Commissioner of the Bureau. 

3 (3) CONSTRUCTION OCCUPATION.—The term 

4 ‘‘construction occupation’’ means an occupation clas5 sified by the Bureau of Labor Statistics as being 

6 within the construction industry for the purposes of 

7 publishing the Bureau’s workforce statistics. 

8 (4) METROPOLITAN STATISTICAL AREA.—The 

9 term ‘‘metropolitan statistical area’’ means a geo10 graphic area designated as a metropolitan statistical 

11 area by the Director of the Office of Management and 

12 Budget. 

13 (5) SHORTAGE OCCUPATION.—The term ‘‘short14 age occupation’’ means an occupation that the Com15 missioner determines is experiencing a shortage of 

16 labor— 

17 (A) throughout the United States; or 

18 (B) in a specific metropolitan statistical 

19 area. 

20 (6) W VISA PROGRAM.—The term ‘‘W Visa Pro21 gram’’ means the program for the admission of non22 immigrant aliens described in subparagraph (W)(i) of 

23 section 101(a)(15) of the Immigration and Nation24 ality Act (8 U.S.C. 1101(a)(15)), as added by section 

25 4702. 


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1 (7) ZONE 1 OCCUPATION.—The term ‘‘zone 1 oc2 cupation’’ means an occupation that requires little or 

3 no preparation and is classified as a zone 1 occupa4 tion on— 

5 (A) the Occupational Information Network 

6 Database (O*NET) on the date of the enactment 

7 of this Act; or 

8 (B) such Database or a similar successor 

9 database, as designated by the Secretary of 

10 Labor, after the date of the enactment of this Act. 

11 (8) ZONE 2 OCCUPATION.—The term ‘‘zone 2 oc12 cupation’’ means an occupation that requires some 

13 preparation and is classified as a zone 2 occupation 

14 on— 

15 (A) the Occupational Information Network 

16 Database (O*NET) on the date of the enactment 

17 of this Act; or 

18 (B) such Database or a similar successor 

19 database, as designated by the Secretary of 

20 Labor, after the date of the enactment of this Act. 

21 (9) ZONE 3 OCCUPATION.—The term ‘‘zone 3 oc22 cupation’’ means an occupation that requires medium 

23 preparation and is classified as a zone 3 occupation 

24 on— 


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1 (A) the Occupational Information Network 

2 Database (O*NET) on the date of the enactment 

3 of this Act; 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 this Act. 

7 (b) ESTABLISHMENT.—There is established a Bureau 

8 of Immigration and Labor Market Research as an inde9 pendent statistical agency within U.S. Citizenship and Im10 migration Services. 

11 (c) COMMISSIONER.—The head of the Bureau of Immi12 gration and Labor Market Research is the Commissioner, 

13 who shall be appointed by the President, by and with the 

14 advice and consent of the Senate. 

15 (d) DUTIES.—The duties of the Commissioner are lim16 ited to the following: 

17 (1) To devise a methodology subject to publica18 tion in the Federal Register and an opportunity for 

19 public comment regarding the calculation for the 

20 index referred to in section 220(g)(2)(C) of the Immi21 gration and Nationality Act, as added by section 

22 4703. 

23 (2) To determine and to publish in the Federal 

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1 graph (W)(i) of section 101(a)(15) of the Immigration 

2 and Nationality Act (8 U.S.C. 1101(a)(15)), as added 

3 by section 4702. 

4 (3) With respect to the W Visa Program, to sup5 plement the recruitment methods employers may use 

6 to attract United States workers and current non7 immigrant aliens described in paragraph (2). 

8 (4) With respect to the W Visa Program, to de9 vise a methodology subject to publication in the Fed10 eral Register and an opportunity for public comment 

11 to designate shortage occupations in zone 1 occupa12 tions, zone 2 occupations, and zone 3 occupations. 

13 (5) With respect to the W Visa Program, to des14 ignate shortage occupations in any zone 1 occupation, 

15 zone 2 occupation, or zone 3 occupation and publish 

16 such occupations in the Federal Register. 

17 (6) With respect to the W Visa Program, to con18 duct a survey once every 3 months of the unemploy19 ment rate of zone 1 occupations, zone 2 occupations, 

20 or zone 3 occupations that are construction occupa21 tions in each metropolitan statistical area. 

22 (7) To study and report to Congress on employ23 ment-based immigrant and nonimmigrant visa pro24 grams in the United States and to make annual rec25 ommendations to improve such programs. 


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1 (8) To carry out any functions required to per2 form the duties described in paragraphs (1) through 

3 (7). 

4 (e) DETERMINATION OF CHANGES TO NUMERICAL LIM5 ITATIONS.—The methodology required under subsection 

6 (d)(1) shall be published in the Federal Register not later 

7 than 18 months after the date of the enactment of this Act. 

8 (f) DESIGNATION OF SHORTAGE OCCUPATIONS.— 

9 (1) METHODS TO DETERMINE.—The Commis10 sioner shall— 

11 (A) establish the methodology to designate 

12 shortage occupations under subsection (d)(4); 

13 and 

14 (B) publish such methodology in the Federal 

15 Register not later than 18 months after the date 

16 of the enactment of this Act. 

17 (2) PETITION BY EMPLOYER.—The methodology 

18 established under paragraph (1) shall permit an em19 ployer to petition the Commissioner for a determina20 tion that a particular occupation in a particular 

21 metropolitan statistical area is a shortage occupation. 

22 (3) REQUIREMENT FOR NOTICE AND COMMENT.— 

23 The methodology established under paragraph (1) 

24 shall be effective only after publication in the Federal 

25 Register and an opportunity for public comment. 


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1 (g) EMPLOYEE EXPERTISE.—The employees of the Bu2 reau shall have the expertise necessary to identify labor 

3 shortages in the United States and make recommendations 

4 to the Commissioner on the impact of immigrant and non5 immigrant aliens on labor markets in the United States, 

6 including expertise in economics, labor markets, demo7 graphics and methods of recruitment of United States work8 ers. 

9 (h) INTERAGENCY COOPERATION.—At the request of 

10 the Commissioner, the Secretary of Commerce, the Director 

11 of the Bureau of the Census, the Secretary of Labor, and 

12 the Commissioner of the Bureau of Labor Statistics shall— 

13 (1) provide data to the Commissioner; 

14 (2) conduct appropriate surveys; and 

15 (3) assist the Commissioner in preparing the rec16 ommendations referred to subsection (d)(5). 

17 (i) BUDGET.— 

18 (1) REPORT.—Not later than 1 year after the 

19 date of the enactment of this Act, the Director of U.S. 

20 Citizenship and Immigration Services shall submit to 

21 Congress a report of the estimated budget that the Bu22 reau will need to carry out the duties described in 

23 subsection (d). 

24 (2) AUDIT.—The Comptroller General of the 

25 United States shall submit to Congress a report that 


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1 is an audit of the budget prepared by the Director 

2 under paragraph (1). 

3 (j) FUNDING.— 

4 (1) APPROPRIATION OF FUNDS.—There is hereby 

5 appropriated, out of any money in the Treasury not 

6 otherwise appropriated, $20,000,000 to establish the 

7 Bureau. 

8 (2) USE OF W NONIMMIGRANT FEES.—The 

9 amounts collected for fees under section 220(e)(6)(B) 

10 of the Immigration and Nationality Act, as added by 

11 section 4703, shall be used to establish and fund the 

12 Bureau. 

13 (3) OTHER FEES.—The Secretary may establish 

14 other fees for the sole purpose of funding the W Visa 

15 Program, including the Bureau, that are related to 

16 the hiring of alien workers. 

17 SEC. 4702. NONIMMIGRANT CLASSIFICATION FOR W NON18 IMMIGRANTS. 

19 Section 101(a)(15)(W), as added by section 2211, is 

20 amended by inserting before clause (iii) the following: 

21 ‘‘(i) to perform services or labor for a 

22 registered nonagricultural employer in a 

23 registered position (as those terms are de24 fined in section 220(a)) in accordance with 

25 the requirements under section 220; 


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1 ‘‘(ii) to accompany or follow to join 

2 such an alien described in clause (i) as the 

3 spouse or child of such alien;’’. 

4 SEC. 4703. ADMISSION OF W NONIMMIGRANT WORKERS. 

5 (a) IN GENERAL.—Chapter 2 of title II (8 U.S.C. 1181 

6 et seq.) is amended by adding at the end the following: 

7 ‘‘SEC. 220. ADMISSION OF W NONIMMIGRANT WORKERS. 

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

9 ‘‘(1) BUREAU.—The term ‘Bureau’ means the 

10 Bureau of Immigration and Labor Market Research 

11 established by section 4701 of the Illegal Immigration 

12 Reform and Immigrant Responsibility Act of 1996. 

13 ‘‘(2) CERTIFIED ALIEN.—The term ‘certified 

14 alien’ means an alien that the Secretary of State has 

15 certified is eligible to be a W nonimmigrant if the 

16 alien is hired by a registered employer for a registered 

17 position. 

18 ‘‘(3) COMMISSIONER.—The term ‘Commissioner’ 

19 means the Commissioner of the Bureau. 

20 ‘‘(4) CONSTRUCTION OCCUPATION.—The term 

21 ‘construction occupation’ means an occupation de22 fined by the Bureau of Labor Statistics as being with23 in the construction industry for the purposes of pub24 lishing the Bureau’s workforce statistics. 


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1 ‘‘(5) DEPARTMENT.—Except as otherwise pro2 vided, the term ‘Department’ means the Department 

3 of Homeland Security. 

4 ‘‘(6) ELIGIBLE OCCUPATION.—The term ‘eligible 

5 occupation’ means an eligible occupation described in 

6 subsection (e)(3). 

7 ‘‘(7) EMPLOYER.— 

8 ‘‘(A) IN GENERAL.—The term ‘employer’ 

9 means any person or entity hiring an individual 

10 for employment in the United States. 

11 ‘‘(B) TREATMENT OF SINGLE EMPLOYER.— 

12 For purposes of determining the number of em13 ployees or United States workers employed by an 

14 employer, a single entity shall be treated as 1 

15 employer. 

16 ‘‘(8) EXCLUDED GEOGRAPHIC LOCATION.—The 

17 term ‘excluded geographic location’ means an ex18 cluded geographic location described in subsection (f). 

19 ‘‘(9) INITIAL W NONIMMIGRANT.—The term ‘ini20 tial W nonimmigrant’ means a certified alien issued 

21 a W nonimmigrant visa by the Secretary of State 

22 pursuant to section 101(a)(15)(W)(i) in order to seek 

23 initial admission to the United States to commence 

24 employment for a registered employer in a registered 


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1 position subject to the numerical limit at section 

2 220(g). 

3 ‘‘(10) METROPOLITAN STATISTICAL AREA.—The 

4 term ‘metropolitan statistical area’ means a geo5 graphic area designated as a metropolitan statistical 

6 area by the Director of the Office of Management and 

7 Budget. 

8 ‘‘(11) REGISTERED EMPLOYER.—The term ‘reg9 istered employer’ means a nonagricultural employer 

10 that the Secretary has designated as a registered em11 ployer under subsection (d). 

12 ‘‘(12) SECRETARY.—Except as otherwise specifi13 cally provided, the term ‘Secretary’ means the Sec14 retary of Homeland Security. 

15 ‘‘(13) SINGLE ENTITY.—The term ‘single entity’ 

16 means any group treated as a single employer under 

17 subsection (b), (c), (m), or (o) of section 414 of the In18 ternal Revenue Code of 1986. 

19 ‘‘(14) SHORTAGE OCCUPATION.—The term ‘short20 age occupation’ means a shortage occupation des21 ignated by the Commissioner pursuant to section 

22 4701(d)(4) of the Illegal Immigration Reform and 

23 Immigrant Responsibility Act of 1996. 


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1 ‘‘(15) SMALL BUSINESS.—The term ‘small busi2 ness’ means an employer that employs 25 or fewer 

3 full-time equivalent employees. 

4 ‘‘(16) UNITED STATES WORKER.—The term 

5 ‘United States worker’ means an individual who is— 

6 ‘‘(A) employed or seeking employment in 

7 the United States; and 

8 ‘‘(B)(i) a national of the United States; 

9 ‘‘(ii) an alien lawfully admitted for perma10 nent residence; 

11 ‘‘(iii) an alien in Registered Provisional 

12 Immigrant Status; or 

13 ‘‘(iv) any other alien authorized to work in 

14 the United States with no limitation as to the 

15 alien’s employer. 

16 ‘‘(17) W NONIMMIGRANT.—The term ‘W non17 immigrant’ means an alien admitted as a non18 immigrant pursuant to section 101(a)(15)(W)(i). 

19 ‘‘(18) W NONIMMIGRANT VISA.—The term ‘W 

20 nonimmigrant visa’ means a visa issued to a certified 

21 alien by the Secretary of State pursuant to section 

22 101(a)(15)(W)(i). 

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1 immigrant aliens described in section 

2 101(a)(15)(W)(i). 

3 ‘‘(20) ZONE 1 OCCUPATION.—The term ‘zone 1 

4 occupation’ means an occupation that requires little 

5 or no preparation and is classified as a zone 1 occu6 pation on— 

7 ‘‘(A) the Occupational Information Network 

8 Database (O*NET) on the date of the enactment 

9 of the Illegal Immigration Reform and Immi10 grant Responsibility Act of 1996; or 

11 ‘‘(B) such Database or a similar successor 

12 database, as designated by the Secretary of 

13 Labor, after the date of the enactment of the Ille14 gal Immigration Reform and Immigrant Re15 sponsibility Act of 1996. 

16 ‘‘(21) ZONE 2 OCCUPATION.—The term ‘zone 2 

17 occupation’ means an occupation that requires some 

18 preparation and is classified as a zone 2 occupation 

19 on— 

20 ‘‘(A) the Occupational Information Network 

21 Database (O*NET) on the date of the enactment 

22 of the Illegal Immigration Reform and Immi23 grant Responsibility Act of 1996; or 

24 ‘‘(B) such Database or a similar successor 

25 database, as designated by the Secretary of 


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1 Labor, after the date of the enactment of the Ille2 gal Immigration Reform and Immigrant Re3 sponsibility Act of 1996. 

4 ‘‘(22) ZONE 3 OCCUPATION.—The term ‘zone 3 

5 occupation’ means an occupation that requires me6 dium preparation and is classified as a zone 3 occu7 pation on— 

8 ‘‘(A) the Occupational Information Network 

9 Database (O*NET) on the date of the enactment 

10 of the Illegal Immigration Reform and Immi11 grant Responsibility Act of 1996; 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 the Ille15 gal Immigration Reform and Immigrant Re16 sponsibility Act of 1996. 

17 ‘‘(b) ADMISSION INTO THE UNITED STATES.— 

18 ‘‘(1) W NONIMMIGRANTS.—Subject to this sec19 tion, a certified alien is eligible to be admitted to the 

20 United States as a W nonimmigrant if the alien is 

21 hired by a registered employer for employment in a 

22 registered position in a location that is not an ex23 cluded geographic location. 

24 ‘‘(2) SPOUSE AND MINOR CHILDREN.—The— 


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1 ‘‘(A) alien spouse and minor children of a 

2 W nonimmigrant may be admitted to the United 

3 States pursuant to clause (ii) of section 

4 101(a)(15)(W) during the period of the principal 

5 W nonimmigrant’s admission; and 

6 ‘‘(B) such alien spouse shall be— 

7 ‘‘(i) authorized to engage in employ8 ment in the United States during such pe9 riod of admission; and 

10 ‘‘(ii) provided with an employment au11 thorization document, stamp, or other ap12 propriate work permit. 

13 ‘‘(c) W NONIMMIGRANTS.— 

14 ‘‘(1) CERTIFIED ALIEN.— 

15 ‘‘(A) APPLICATION.—An alien seeking to be 

16 a W nonimmigrant shall apply to the Secretary 

17 of State at a United States embassy or consulate 

18 in a foreign country to be a certified alien. 

19 ‘‘(B) CRITERIA.—An alien is eligible to be 

20 a certified alien if the alien— 

21 ‘‘(i) is not inadmissible under this Act; 

22 ‘‘(ii) passes a criminal background 

23 check; 

24 ‘‘(iii) agrees to accept only registered 

25 positions in the United States; and 


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1 ‘‘(iv) meets other criteria as established 

2 by the Secretary. 

3 ‘‘(2) W NONIMMIGRANT STATUS.—Only an alien 

4 that is a certified alien may be admitted to the 

5 United States as a W nonimmigrant. 

6 ‘‘(3) INITIAL EMPLOYMENT.—A W nonimmigrant 

7 shall report to such nonimmigrant’s initial employ8 ment in a registered position not later than 14 days 

9 after such nonimmigrant is admitted to the United 

10 States. 

11 ‘‘(4) TERM OF ADMISSION.— 

12 ‘‘(A) INITIAL TERM.—A certified alien may 

13 be granted W nonimmigrant status for an initial 

14 period of 3 years. 

15 ‘‘(B) RENEWAL.—A W nonimmigrant may 

16 renew his or her status as a W nonimmigrant 

17 for additional 3-year periods. Such a renewal 

18 may be made while the W nonimmigrant is in 

19 the United States and shall not require the alien 

20 to depart the United States. 

21 ‘‘(5) PERIODS OF UNEMPLOYMENT.—A W non22 immigrant— 

23 ‘‘(A) may be unemployed for a period of not 

24 more than 60 consecutive days; and 


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1 ‘‘(B) shall depart the United States if such 

2 W nonimmigrant is unable to obtain employ3 ment during such period. 

4 ‘‘(6) TRAVEL.—A W nonimmigrant may travel 

5 outside the United States and be readmitted to the 

6 United States. Such travel may not extend the period 

7 of authorized admission of such W nonimmigrant. 

8 ‘‘(d) REGISTERED EMPLOYER.— 

9 ‘‘(1) APPLICATION.—An employer seeking to be a 

10 registered employer shall submit an application to the 

11 Secretary. Each such application shall include the fol12 lowing: 

13 ‘‘(A) Documentation to establish that the 

14 employer is a bona-fide employer. 

15 ‘‘(B) The employer’s Federal tax identifica16 tion number or employer identification number 

17 issued by the Internal Revenue Service. 

18 ‘‘(C) The number of W nonimmigrants the 

19 employer estimates it will seek to employ annu20 ally. 

21 ‘‘(2) REFERRAL FOR FRAUD INVESTIGATION.— 

22 The Secretary may refer an application submitted 

23 under paragraph (1) or subsection (e)(1)(A) to the 

24 Fraud Detection and National Security Directorate of 


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1 U.S. Citizenship and Immigration Services if there is 

2 evidence of fraud for potential investigation. 

3 ‘‘(3) INELIGIBLE EMPLOYERS.— 

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

5 other applicable penalties under law, the Sec6 retary may deny an employer’s application to be 

7 a registered employer if the Secretary deter8 mines, after notice and an opportunity for a 

9 hearing, that the employer submitting such ap10 plication— 

11 ‘‘(i) has, with respect to the applica12 tion required under paragraph (1), includ13 ing any attestations required by law— 

14 ‘‘(I) knowingly misrepresented a 

15 material fact; 

16 ‘‘(II) knowingly made a fraudu17 lent statement; or 

18 ‘‘(III) knowingly failed to comply 

19 with the terms of such attestations; or 

20 ‘‘(ii) failed to cooperate in the audit 

21 process in accordance with regulations pro22 mulgated by the Secretary; 

23 ‘‘(iii) has been convicted of an offense 

24 set out in chapter 77 of title 18, United 

25 States Code, or any conspiracy to commit 


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1 such offenses, or any human trafficking of2 fense under State or territorial law; 

3 ‘‘(iv) has, within 2 years prior to the 

4 date of application— 

5 ‘‘(I) received a final adjudication 

6 of having committed any hazardous oc7 cupation orders violation resulting in 

8 injury or death under the child labor 

9 provisions contained in section 12 of 

10 the Fair Labor Standards Act of 1938 

11 (29 U.S.C. 211) and any pertinent reg12 ulation; 

13 ‘‘(II) received a final adjudication 

14 assessing a civil money penalty for 

15 any repeated or willful violation of the 

16 minimum wage provisions of section 6 

17 of the Fair Labor Standards Act of 

18 1938 (29 U.S.C. 206); or 

19 ‘‘(III) received a final adjudica20 tion assessing a civil money penalty 

21 for any willful violation of the over22 time provisions of section 7 of the Fair 

23 Labor Standards Act of 1938 or any 

24 regulations thereunder; or 


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1 ‘‘(v) has, within 2 years prior to the 

2 date of application, received a final adju3 dication for a willful violation or repeated 

4 serious violations involving injury or 

5 death— 

6 ‘‘(I) of section 5 of the Occupa7 tional Safety and Health Act of 1970 

8 (29 U.S.C. 654); 

9 ‘‘(II) of any standard, rule, or 

10 order promulgated pursuant to section 

11 6 of the Occupational Safety and 

12 Health Act of 1970 (29 U.S.C. 655); or 

13 ‘‘(III) of a plan approved under 

14 section 18 of the Occupational Safety 

15 and Health Act of 1970 (29 U.S.C. 

16 667). 

17 ‘‘(B) LENGTH OF INELIGIBILITY.— 

18 ‘‘(i) TEMPORARY INELIGIBILITY.—An 

19 employer described in subparagraph (A) 

20 may be ineligible to be a registered em21 ployer for a period that is not less than the 

22 time period determined by the Secretary 

23 and not more than 3 years. 

24 ‘‘(ii) PERMANENT INELIGIBILITY.—An 

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1 fense set out in chapter 77 of title 18, 

2 United States Code, or any conspiracy to 

3 commit such offenses, or any human traf4 ficking offense under State or territorial law 

5 shall be permanently ineligible to be a reg6 istered employer. 

7 ‘‘(4) TERM OF REGISTRATION.—The Secretary 

8 shall approve applications meeting the criteria of this 

9 subsection for a term of 3 years. 

10 ‘‘(5) RENEWAL.—An employer may submit an 

11 application to renew the employer’s status as a reg12 istered employer for additional 3-year periods. 

13 ‘‘(6) FEE.—At the time an employer’s applica14 tion to be a registered employer or to renew such sta15 tus is approved, such employer shall pay a fee in an 

16 amount determined by the Secretary to be sufficient 

17 to cover the costs of the registry of such employers. 

18 ‘‘(7) CONTINUED ELIGIBILITY.—Each registered 

19 employer shall submit to the Secretary an annual re20 port that demonstrates that the registered employer 

21 has provided the wages and working conditions the 

22 registered employer agreed to provide to its employees. 

23 ‘‘(e) REGISTERED POSITIONS.— 

24 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) APPLICATION.—Each registered em2 ployer shall submit to the Secretary an applica3 tion to designate a position for which the em4 ployer is seeking a W nonimmigrant as a reg5 istered position. The Secretary is authorized to 

6 determine if the wage to be paid by the employer 

7 complies with subparagraph (B)(iv). Each such 

8 application shall include a description of each 

9 such position. 

10 ‘‘(B) ATTESTATION.—An application sub11 mitted under subparagraph (A) shall include an 

12 attestation of the following: 

13 ‘‘(i) The number of full-time equivalent 

14 employees of the employer. 

15 ‘‘(ii) The occupational category, as 

16 classified by the Secretary of Labor, for 

17 which the registered position is sought. 

18 ‘‘(iii) Whether the occupation for which 

19 the registered position is sought is a short20 age occupation. 

21 ‘‘(iv) Except as provided in subsection 

22 (g)(4)(C)(i), the wages to be paid to W non23 immigrants employed by the employer in 

24 the registered position, including a position 


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1 in a shortage occupation, will be the greater 

2 of— 

3 ‘‘(I) the actual wage level paid by 

4 the employer to other employees with 

5 similar experience and qualifications 

6 for such position; or 

7 ‘‘(II) the prevailing wage level for 

8 the occupational classification of the 

9 position in the metropolitan statistical 

10 area of the employment, as determined 

11 by the Secretary, based on the best in12 formation available as of the time of 

13 filing the application. 

14 ‘‘(v) The working conditions for W 

15 nonimmigrants will not adversely affect the 

16 working conditions of other workers em17 ployed in similar positions. 

18 ‘‘(vi) The employer has carried out the 

19 recruiting activities required by paragraph 

20 (2)(B). 

21 ‘‘(vii) There is no qualified United 

22 States worker who has applied for the posi23 tion and who is ready, willing, and able to 

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1 ments in subparagraphs (B) and (C) of 

2 paragraph (2). 

3 ‘‘(viii) There is not a strike, lockout, or 

4 work stoppage in the course of a labor dis5 pute in the occupation at the place of em6 ployment at which the W nonimmigrant 

7 will be employed. If such strike, lockout, or 

8 work stoppage occurs following submission 

9 of the application, the employer will pro10 vide notification in accordance with all ap11 plicable regulations. 

12 ‘‘(ix)(I) The employer has not laid off 

13 and will not layoff a United States worker 

14 during the period beginning 90 days prior 

15 to and ending 90 days after the date the 

16 employer files an application for designa17 tion of a position for which the W non18 immigrant is sought or hires such W non19 immigrant, unless the employer has notified 

20 such United States worker of the position 

21 and documented the legitimate reasons that 

22 such United States worker is not qualified 

23 or available for the position. 

24 ‘‘(II) A United States worker is not 

25 laid off for purposes of this subparagraph if, 


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1 at the time such worker’s employment is 

2 terminated, such worker is not employed in 

3 the same occupation and in the same metro4 politan statistical area where the registered 

5 position referred to in subclause (I) is lo6 cated. 

7 ‘‘(C) BEST INFORMATION AVAILABLE.—In 

8 subparagraph (B)(iv)(II), the term ‘best infor9 mation available’, with respect to determining 

10 the prevailing wage for a position, means— 

11 ‘‘(i) a controlling collective bargaining 

12 agreement or Federal contract wage, if ap13 plicable; 

14 ‘‘(ii) if there is no applicable wage 

15 under clause (i), the wage level commensu16 rate with the experience, training, and su17 pervision required for the job based on Bu18 reau of Labor Statistics data; or 

19 ‘‘(iii) if the data referred to in clause 

20 (ii) is not available, a legitimate and recent 

21 private survey of the wages paid for such 

22 positions in the metropolitan statistical 

23 area. 

24 ‘‘(D) PERMIT.—The Secretary shall provide 

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1 mitted under subparagraph (A) is approved with 

2 a permit that includes the number and descrip3 tion of such employer’s approved registered posi4 tions. 

5 ‘‘(E) TERM OF REGISTRATION.—The ap6 proval of a registered position under subpara7 graph (A) is for a term that begins on the date 

8 of such approval and ends on the earlier of— 

9 ‘‘(i) the date the employer’s status as a 

10 registered employer is terminated; 

11 ‘‘(ii) 3 years after the date of such ap12 proval; or 

13 ‘‘(iii) upon proper termination of the 

14 registered position by the employer. 

15 ‘‘(F) REGISTRY OF REGISTERED POSI16 TIONS.— 

17 ‘‘(i) MAINTENANCE OF REGISTRY.—The 

18 Secretary shall develop and maintain a reg19 istry of approved registered positions for 

20 which the Secretary has issued a permit 

21 under subparagraph (D). 

22 ‘‘(ii) AVAILABILITY ON WEBSITE.—The 

23 registry required by clause (i) shall be ac24 cessible on a website maintained by the Sec25 retary. 


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1 ‘‘(iii) AVAILABILITY ON STATE WORK2 FORCE AGENCY WEBSITES.—Each State 

3 workforce agency shall be linked to such reg4 istry and provide access to such registry 

5 through the website maintained by such 

6 agency. 

7 ‘‘(iv) CONDITIONS OF AVAILABILITY ON

8 WEBSITE.— 

9 ‘‘(I) IN GENERAL.—Each ap10 proved registered position for which the 

11 Secretary has issued a permit shall be 

12 included in the registry of registered 

13 positions maintained by the Secretary 

14 and shall remain available for viewing 

15 on such registry throughout the term of 

16 registration referred to in subpara17 graph (E) or paragraph (5). 

18 ‘‘(II) INDICATION OF VACANCY.— 

19 The Secretary shall ensure that such 

20 registry indicates whether each ap21 proved registered position in the reg22 istry is filled or unfilled. 

23 ‘‘(III) REQUIREMENT FOR 10-DAY

24 POSTING.—If a W nonimmigrant’s em25 ployment in a registered position ends, 


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1 either voluntarily or involuntarily, the 

2 Secretary shall ensure that such reg3 istry indicates that the registered posi4 tion is unfilled for a period of 10 cal5 endar days, unless such registered posi6 tion is filled by a United States work7 er. 

8 ‘‘(2) REQUIREMENTS.— 

9 ‘‘(A) ELIGIBLE OCCUPATION.—Each reg10 istered position shall be for a position in an eli11 gible occupation as described in paragraph (3). 

12 ‘‘(B) RECRUITMENT OF UNITED STATES

13 WORKERS.— 

14 ‘‘(i) REQUIREMENTS.—A position may 

15 not be a registered position unless the reg16 istered employer— 

17 ‘‘(I) advertises the position for a 

18 period of 30 days, including the wage 

19 range, location, and proposed start 

20 date— 

21 ‘‘(aa) on the Internet website 

22 maintained by the Secretary of 

23 Labor for the purpose of such ad24 vertising; 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) except as provided for in 

5 subsection (g)(4)(B)(i), carries out not 

6 less than 3 of the recruiting activities 

7 described in subparagraph (C). 

8 ‘‘(ii) DURATION OF ADVERTISING.— 

9 The 30 day periods required by item (aa) of 

10 (bb) of clause (i)(I) may occur at the same 

11 time. 

12 ‘‘(C) RECRUITING ACTIVITIES.—The recruit13 ing activities described in this subparagraph, 

14 with respect to a position for which the employer 

15 is seeking a W nonimmigrant, shall consist of 

16 any combination of the following as defined by 

17 the Secretary of Homeland Security: 

18 ‘‘(i) Advertising such position at job 

19 fairs. 

20 ‘‘(ii) Advertising such position on the 

21 employer’s external website. 

22 ‘‘(iii) Advertising such position on job 

23 search Internet websites. 

24 ‘‘(iv) Advertising such position using 

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1 reer technical schools, community colleges, 

2 high schools, or other educational or train3 ing sites. 

4 ‘‘(v) Posting such position with trade 

5 associations. 

6 ‘‘(vi) Utilizing a search firm to seek 

7 applicants for such position. 

8 ‘‘(vii) Advertising such position 

9 through recruitment programs with place10 ment offices at vocational schools, career 

11 technical schools, community colleges, high 

12 schools, or other educational or training 

13 sites. 

14 ‘‘(viii) Advertising such position 

15 through advertising or postings with local 

16 libraries, journals, or newspapers. 

17 ‘‘(ix) Seeking a candidate for such po18 sition through an employee referral pro19 gram with incentives. 

20 ‘‘(x) Advertising such position on radio 

21 or television. 

22 ‘‘(xi) Advertising such position through 

23 advertising, postings, or presentations with 

24 newspapers, Internet websites, job fairs, or 


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1 community events targeted to constituencies 

2 designed to increase employee 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 

15 circulation 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 el21 igible 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 Sta6 tistics (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, des17 ignated as zone 1 occupations, zone 2 occupa18 tions, 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’s employment in a registered position 

22 ends, such employer may fill that vacancy— 

23 ‘‘(A) by hiring a United States worker; or 

24 ‘‘(B) after the 10 calendar day posting pe25 riod in subsection (e)(1)(F)(iv)(III) by hiring— 


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1 ‘‘(i) a W nonimmigrant; or 

2 ‘‘(ii) if available under subsection 

3 (g)(4), a certified alien. 

4 ‘‘(5) PERIOD OF APPROVAL.— 

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

6 subparagraph (B), a registered position shall be 

7 approved by the Secretary for a period of 3 

8 years. 

9 ‘‘(B) RETURNING W NONIMMIGRANTS.— 

10 ‘‘(i) EXTENSION OF PERIOD.—A reg11 istered position shall continue to be a reg12 istered position at the end of the 3-year pe13 riod referred to in subparagraph (A) if the 

14 W nonimmigrant hired for such position is 

15 the beneficiary of a petition for immigrant 

16 status filed by the registered employer pur17 suant to this Act or is returning to the same 

18 registered employer. 

19 ‘‘(ii) TERMINATION OF PERIOD.—The 

20 term of a registration position extended 

21 under clause (i) shall terminate on the date 

22 that is the earlier of— 

23 ‘‘(I) the date an application or 

24 petition by or for a W nonimmigrant 


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1 to obtain immigrant status is ap2 proved or denied by the Secretary; or 

3 ‘‘(II) the date of the termination 

4 of such W nonimmigrant’s employment 

5 with the registered employer. 

6 ‘‘(6) FEES.— 

7 ‘‘(A) REGISTRATION FEE.— 

8 ‘‘(i) IN GENERAL.—At the time a W 

9 nonimmigrant commences employment in 

10 the registered position for a registered em11 ployer, such employer shall pay a registra12 tion fee in an amount determined by the 

13 Secretary. 

14 ‘‘(ii) USE OF FEE.—A fee collected 

15 under clause (i) shall be used to fund any 

16 aspect of the operation of the W Visa Pro17 gram. 

18 ‘‘(B) ADDITIONAL FEE.— 

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

20 fee required by subparagraph (A), a reg21 istered employer, at the time a W non22 immigrant commences employment in the 

23 registered position for the registered em24 ployer, shall pay an additional fee for each 

25 such approved registered position as follows: 


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1 ‘‘(I) A fee of $1,750 for the reg2 istered position if the registered em3 ployer, at the time of filing the appli4 cation for the registered position, is a 

5 small business and more than 50 per6 cent and less than 75 percent of the 

7 employees of the registered employer 

8 are not United States workers. 

9 ‘‘(II) A fee of $3,500 for the reg10 istered position if the registered em11 ployer, at the time of filing the appli12 cation for the registered position, is a 

13 small business and more than 75 per14 cent of the employees of the registered 

15 employer are not United States work16 ers. 

17 ‘‘(III) A fee of $3,500 for the reg18 istered position if the registered em19 ployer, at the time of filing the appli20 cation for the registered position, is not 

21 a small business and more than 15 

22 percent and less than 30 percent of the 

23 employees of the registered employer 

24 are not United States workers. 


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1 ‘‘(ii) USE OF FEE.—A fee collected 

2 under clause (i) shall be used to fund the 

3 operations of the Bureau. 

4 ‘‘(C) PROHIBITION ON OTHER FEES.—A 

5 registered employer may not be required to pay 

6 an additional fee other than any fees specified in 

7 this Act if the registered employer is a small 

8 business. 

9 ‘‘(7) PROHIBITION ON REGISTERED POSITIONS

10 FOR CERTAIN EMPLOYERS.—The Secretary may not 

11 approve an application for a registered position for 

12 an employer if the employer is not a small business 

13 and 30 percent or more of the employees of the em14 ployer are not United States workers. 

15 ‘‘(f) EXCLUDED GEOGRAPHIC LOCATION.—No applica16 tion for a registered position filed by a registered employer 

17 for an eligible occupation may be approved if the registered 

18 position is located in a metropolitan statistical area that 

has an unemployment rate that is more than 81 19 ⁄2 percent 

20 as reported in the most recent month preceding the date 

21 that the application is submitted to the Secretary unless— 

22 ‘‘(1) the Commissioner has identified the eligible 

23 occupation as a shortage occupation; or 

24 ‘‘(2) the Secretary approves the registered posi25 tion under subsection (g)(4). 


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1 ‘‘(g) NUMERICAL LIMITATION.— 

2 ‘‘(1) REGISTERED POSITIONS.— 

3 ‘‘(A) IN GENERAL.—Subject to paragraphs 

4 (3) and (4), the maximum number of registered 

5 positions that may be approved by the Secretary 

6 for a year is as follows: 

7 ‘‘(i) For the first year aliens are ad8 mitted as W nonimmigrants, 20,000. 

9 ‘‘(ii) For the second such year, 35,000. 

10 ‘‘(iii) For the third such year, 55,000. 

11 ‘‘(iv) For the fourth such year, 75,000. 

12 ‘‘(v) For each year after the fourth 

13 such year, the level calculated for that year 

14 under paragraph (2). 

15 ‘‘(B) DATES.—The first year referred to in 

16 subparagraph (A)(i) shall begin on April 1, 

17 2015, and end on March 31, 2016, unless the 

18 Secretary determines that such first year shall 

19 begin on October 1, 2015, and end on September 

20 30, 2016. 

21 ‘‘(2) YEARS AFTER YEAR 4.— 

22 ‘‘(A) CURRENT YEAR AND PRECEDING

23 YEAR.—In this paragraph— 

24 ‘‘(i) the term ‘current year’ shall refer 

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1 culation of the numerical limits under this 

2 paragraph is being performed; and 

3 ‘‘(ii) the term ‘preceding year’ shall 

4 refer to the 12-month period immediately 

5 preceding the current year. 

6 ‘‘(B) NUMERICAL LIMITATION.—Subject to 

7 subparagraph (D), the number of registered posi8 tions that may be approved by the Secretary for 

9 a year after the fourth year referred to in para10 graph (1)(A)(iv) shall be equal to the sum of— 

11 ‘‘(i) the number of such registered posi12 tions available under this paragraph for the 

13 preceding year; and 

14 ‘‘(ii) the product of— 

15 ‘‘(I) the number of such registered 

16 positions available under this para17 graph for the preceding year; multi18 plied by 

19 ‘‘(II) the index for the current 

20 year calculated under subparagraph 

21 (C). 

22 ‘‘(C) INDEX.—The index calculated under 

23 this subparagraph for a current year equals the 

24 sum of— 

25 ‘‘(i) one-fifth of a fraction— 


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1 ‘‘(I) the numerator of which is the 

2 number of registered positions that reg3 istered employers applied to have ap4 proved under subsection (e)(1) for the 

5 preceding year minus the number of 

6 registered positions approved under 

7 subsection (e) for the preceding year; 

8 and 

9 ‘‘(II) the denominator of which is 

10 the number of registered positions ap11 proved under subsection (e) for the pre12 ceding year; 

13 ‘‘(ii) one-fifth of a fraction— 

14 ‘‘(I) the numerator of which is the 

15 number of registered positions the 

16 Commissioner recommends be available 

17 under this subparagraph for the cur18 rent year minus the number of reg19 istered positions available under this 

20 subsection for the preceding year; and 

21 ‘‘(II) the denominator of which is 

22 the number of registered positions 

23 available under this subsection for the 

24 preceding year; 

25 ‘‘(iii) three-tenths of a fraction— 


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1 ‘‘(I) the numerator of which is the 

2 number of unemployed United States 

3 workers for the preceding year minus 

4 the number of unemployed United 

5 States workers for the current year; 

6 and 

7 ‘‘(II) the denominator of which is 

8 the number of unemployed United 

9 States workers for the preceding year; 

10 and 

11 ‘‘(iv) three-tenths of a fraction— 

12 ‘‘(I) the numerator of which is the 

13 number of job openings as set out in 

14 the Job Openings and Labor Turnover 

15 Survey of the Bureau of Labor Statis16 tics for the current year minus such 

17 number of job openings for the pre18 ceding year; and 

19 ‘‘(II) the denominator of which is 

20 the number of such job openings for the 

21 preceding year; 

22 ‘‘(D) MINIMUM AND MAXIMUM LEVELS.— 

23 The number of registered positions calculated 

24 under subparagraph (B) for a 12-month period 


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1 may not be less than 20,000 nor more than 

2 200,000. 

3 ‘‘(3) ADDITIONAL REGISTERED POSITIONS FOR

4 SHORTAGE OCCUPATIONS.—In addition to the number 

5 of registered positions made available for a year 

6 under paragraph (1), the Secretary shall make avail7 able for a year an additional number of registered po8 sitions for shortage occupations in a particular met9 ropolitan statistical area. 

10 ‘‘(4) SPECIAL ALLOCATIONS OF REGISTERED PO11 SITIONS.— 

12 ‘‘(A) AUTHORITY TO MAKE AVAILABLE.—In 

13 addition to the number of registered positions 

14 made available for a year under paragraph (1) 

15 or (3), the Secretary shall make additional reg16 istered positions available for the year for a spe17 cific registered employer as described in this 

18 paragraph, if— 

19 ‘‘(i) the maximum number of registered 

20 positions available under paragraph (1) 

21 have been approved for the year and none 

22 remain available for allocation; or 

23 ‘‘(ii) such registered employer is lo24 cated in a metropolitan statistical area that 

25 has an unemployment rate that is more 


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than 81 1 ⁄2 percent as reported in the most re2 cent month preceding the date that the ap3 plication is submitted to the Secretary. 

4 ‘‘(B) RECRUITMENT.— 

5 ‘‘(i) IN GENERAL.—Except as provided 

6 in clause (ii), an initial W nonimmigrant 

7 may only enter the United States for initial 

8 employment pursuant to a special alloca9 tion under this paragraph if the registered 

10 employer has carried out at least 7 of the 

11 recruiting activities described in subsection 

12 (e)(2)(C). 

13 ‘‘(ii) REQUIREMENT TO RECRUIT W

14 NONIMMIGRANTS IN THE UNITED STATES.— 

15 A registered employer may register a posi16 tion pursuant to a special allocation under 

17 this paragraph by conducting at least 3 of 

18 the recruiting activities described in sub19 section (e)(2)(C), however a position reg20 istered pursuant to this clause may not be 

21 filled by an initial W nonimmigrant enter22 ing the United States for initial employ23 ment. 

24 ‘‘(iii) 30 DAY POSTING.— 


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1 ‘‘(I) REQUIREMENT.—Any reg2 istered employer registering any posi3 tion under the special allocation au4 thority shall post the position, includ5 ing the wage range, location, and ini6 tial date of employment, for not less 

7 than 30 days— 

8 ‘‘(aa) on the Internet website 

9 maintained by the Secretary of 

10 Labor for the purpose of such ad11 vertising; and 

12 ‘‘(bb) with the workforce 

13 agency of the State where the po14 sition will be located. 

15 ‘‘(II) CONTEMPORANEOUS POST16 ING.—The 30 day periods required by 

17 items (aa) and (bb) of subclause (I) 

18 may occur at the same time. 

19 ‘‘(C) WAGES.— 

20 ‘‘(i) INITIAL W NONIMMIGRANTS.—An 

21 initial W nonimmigrant entering the 

22 United States for initial employment pur23 suant to a registered position made avail24 able under this paragraph may not be paid 

25 less than the greater of— 


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1 ‘‘(I) the level 4 wage set out in the 

2 Foreign Labor Certification Data Cen3 ter Online Wage Library (or similar 

4 successor website) maintained by the 

5 Secretary of Labor for such occupation 

6 in that metropolitan statistical area; 

7 or 

8 ‘‘(II) the mean of the highest two9 thirds of wages surveyed for such occu10 pation in that metropolitan statistical 

11 area. 

12 ‘‘(ii) OTHER W NONIMMIGRANTS.—A W 

13 nonimmigrant employed in a registered po14 sition referred to in subsection (g)(4)(B)(ii) 

15 may not be paid less than the wages re16 quired under subsection (e)(1)(B)(iv). 

17 ‘‘(D) REDUCTION OF FUTURE REGISTERED

18 POSITIONS.—Each registered position made 

19 available for a year subject to the wage condi20 tions of subparagraph (C)(i) shall reduce by 1 

21 the number of registered positions made avail22 able under paragraph (g)(1) for the following 

23 year or the earliest possible year for which a reg24 istered position is available. The limitation con25 tained in subsection (h)(4) shall not be reduced 


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1 by any registered position made available under 

2 this paragraph. 

3 ‘‘(h) ALLOCATION OF REGISTERED POSITIONS.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) FIRST 6-MONTH PERIOD.—The number 

6 of registered positions available for the 6-month 

7 period beginning on the first day of a year is 50 

8 percent of the maximum number of registered po9 sitions available for such year under paragraph 

10 (1) or (2) of subsection (g). Such registered posi11 tions shall be allocated as described in this sub12 section. 

13 ‘‘(B) SECOND 6-MONTH PERIOD.—The num14 ber of registered positions available for the 6- 

15 month period ending on the last day of a year 

16 is the maximum number of registered positions 

17 available for such year under paragraph (1) or 

18 (2) of subsection (g) minus the number of reg19 istered positions approved during the 6-month 

20 period referred to in subsection (A). Such reg21 istered positions shall be allocated as described 

22 in this subsection. 

23 ‘‘(2) SHORTAGE OCCUPATIONS.— 

24 ‘‘(A) IN GENERAL.—For the first month of 

25 each 6-month period referred to in subparagraph 


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1 (A) or (B) of paragraph (1) a registered position 

2 may not be created in an occupation that is not 

3 a shortage occupation. 

4 ‘‘(B) INITIAL DESIGNATIONS.—Subpara5 graph (A) shall not apply in any period for 

6 which the Commissioner has not designated any 

7 shortage occupations. 

8 ‘‘(3) SMALL BUSINESSES.—During the second, 

9 third, and fourth months of each 6-month period re10 ferred to in subparagraph (A) or (B) of paragraph 

11 (1), one-third of the number of registered positions al12 located for such period shall be approved only for a 

13 registered employer that is a small business. Any such 

14 registered positions not approved for such small busi15 nesses during such months shall be available for any 

16 registered employer during the last 2 months of each 

17 such 6-month period. 

18 ‘‘(4) ANIMAL PRODUCTION SUBSECTORS.—In ad19 dition to the number of registered positions made 

20 available for a year under paragraph (1) or (3) of 

21 such section (g), the Secretary shall make additional 

22 registered positions available for the year for occupa23 tions designated by the Secretary of Labor as Animal 

24 Production Subsectors. The numerical limitation for 

25 such additional registered positions shall be no more 


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1 than 10 percent of the annual numerical limitation 

2 provided for in such paragraph (1). 

3 ‘‘(5) LIMITATION FOR CONSTRUCTION OCCUPA4 TIONS.— 

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), not more than 33 percent of the reg7 istered positions made available under para8 graph (1) or (2) of subsection (g) for a year may 

9 be granted to perform work in a construction oc10 cupation. 

11 ‘‘(B) MAXIMUM LEVEL.—Notwithstanding 

12 subparagraph (A), the number of registered posi13 tions granted to perform work in a construction 

14 occupation under subsection (g)(1) may not ex15 ceed 15,000 for a year and 7,500 for any 6- 

16 month period. 

17 ‘‘(C) PROHIBITION FOR OCCUPATIONS WITH

18 HIGH UNEMPLOYMENT.— 

19 ‘‘(i) IN GENERAL.—A registered em20 ployer may not hire a certified alien for a 

21 registered position to perform work in a 

22 construction occupation if the unemploy23 ment rate for construction occupations in 

24 the corresponding occupational job zone in 


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1 that metropolitan statistical area was more 

than 81 2 ⁄2 percent. 

3 ‘‘(ii) DETERMINATION OF UNEMPLOY4 MENT RATE.—The unemployment rate used 

5 in clause (i) shall be determined— 

6 ‘‘(I) using the most recent survey 

7 taken by the Bureau; or 

8 ‘‘(II) if a survey referred to in 

9 subclause (I) is not available, using a 

10 recent and legitimate private survey. 

11 ‘‘(i) PORTABILITY.—A W nonimmigrant who is ad12 mitted to the United States for employment by a registered 

13 employer may— 

14 ‘‘(1) terminate such employment for any reason; 

15 and 

16 ‘‘(2) seek and accept employment with another 

17 registered employer in any other registered position 

18 within the terms and conditions of the W non19 immigrant’s visa. 

20 ‘‘(j) PROMOTION.—A registered employer may promote 

21 a W nonimmigrant if the W nonimmigrant has been em22 ployed with that employer for a period of not less than 12 

23 months. Such a promotion shall not increase the total num24 ber of registered positions available to that employer. 


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1 ‘‘(k) PROHIBITION ON OUTPLACEMENT.—A registered 

2 employer may not place, outsource, lease, or otherwise con3 tract for the services or placement of a W nonimmigrant 

4 employee with another employer if more than 15 percent 

5 of the employees of the registered employer are W non6 immigrants. 

7 ‘‘(l) W NONIMMIGRANT PROTECTIONS.— 

8 ‘‘(1) APPLICABILITY OF LAWS.—A W non9 immigrant shall not be denied any right or any rem10 edy under Federal, State, or local labor or employ11 ment law that would be applicable to a United States 

12 worker employed in a similar position with the em13 ployer because of the alien’s status as a non14 immigrant worker. 

15 ‘‘(2) WAIVER OF RIGHTS PROHIBITED.— 

16 ‘‘(A) IN GENERAL.—A W nonimmigrant 

17 may not be required to waive any substantive 

18 rights or protections under this Act. 

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

20 paragraph may be construed to affect the inter21 pretation of any other law. 

22 ‘‘(3) PROHIBITION ON TREATMENT AS INDE23 PENDENT CONTRACTORS.— 

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

25 other provision of law— 


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1 ‘‘(i) a W nonimmigrant is prohibited 

2 from being treated as an independent con3 tractor under any Federal or State law; 

4 and 

5 ‘‘(ii) no person, including an employer 

6 or labor contractor and any persons who 

7 are affiliated with or contract with an em8 ployer or labor contractor, may treat a W 

9 nonimmigrant as an independent con10 tractor. 

11 ‘‘(B) CONSTRUCTION.—Subparagraph (A) 

12 may not be construed to prevent registered em13 ployers who operate as independent contractors 

14 from employing W nonimmigrants. 

15 ‘‘(4) PAYMENT OF FEES.— 

16 ‘‘(A) IN GENERAL.—A fee related to the hir17 ing of a W nonimmigrant required to be paid by 

18 an employer under this Act shall be paid by the 

19 employer and may not be deducted from the 

20 wages or other compensation paid to a W non21 immigrant. 

22 ‘‘(B) EXCLUDED COSTS.—The cost of round 

23 trip transportation from a certified alien’s home 

24 to the location of a registered position and the 


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1 cost of obtaining a foreign passport are not fees 

2 required to be paid by the employer. 

3 ‘‘(5) TAX RESPONSIBILITIES.—An employer shall 

4 comply with all applicable Federal, State, and local 

5 tax laws with respect to each W nonimmigrant em6 ployed by the employer. 

7 ‘‘(6) PROHIBITED ACTIVITIES.—It shall be un8 lawful for an employer of a W nonimmigrant to in9 timidate, threaten, restrain, coerce, retaliate, dis10 charge, or in any other manner, discriminate against 

11 an employee or former employee because the employee 

12 or former employee— 

13 ‘‘(A) discloses information to the employer 

14 or any other person that the employee or former 

15 employee reasonably believes demonstrates a vio16 lation of this section; or 

17 ‘‘(B) cooperates or seeks to cooperate in an 

18 investigation or other proceeding concerning 

19 compliance with the requirements of this section. 

20 ‘‘(m) COMPLAINT PROCESS.—The Secretary shall es21 tablish a process for the receipt, investigation, and disposi22 tion of complaints by an aggrieved applicant, employee, or 

23 nonimmigrant (or a person acting on behalf of such appli24 cant, employee, or nonimmigrant) with respect to— 


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1 ‘‘(1) the failure of a registered employer to meet 

2 a condition of this section; or 

3 ‘‘(2) the lay off or nonhiring of a United States 

4 worker as prohibited under this section. 

5 ‘‘(n) ENFORCEMENT.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall promul7 gate regulations for the receipt, investigation, and 

8 disposition of complaints by an aggrieved W non9 immigrant respecting a violation of this section. 

10 ‘‘(2) FILING DEADLINE.—No investigation or 

11 hearing shall be conducted on a complaint concerning 

12 a violation under this section unless the complaint 

13 was filed not later than 6 months after the date of 

14 such violation. 

15 ‘‘(3) REASONABLE BASIS.—The Secretary shall 

16 conduct an investigation under this subsection if there 

17 is reasonable basis to believe that a violation of this 

18 section has occurred. The process established under 

19 this subsection shall provide that, not later than 30 

20 days after a complaint is filed, the Secretary shall de21 termine if there is reasonable cause to find such a vio22 lation. 

23 ‘‘(4) NOTICE AND HEARING.— 

24 ‘‘(A) IN GENERAL.—Not later than 60 days 

25 after the Secretary makes a determination of 


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1 reasonable basis under paragraph (3), the Sec2 retary shall issue a notice to the interested par3 ties and offer an opportunity for a hearing on 

4 the complaint, in accordance with section 556 of 

5 title 5, United States Code. 

6 ‘‘(B) HEARING DEADLINE.—Not later than 

7 60 days after the date of a hearing under this 

8 paragraph, the Secretary shall make a finding 

9 on the matter. 

10 ‘‘(5) ATTORNEY’S FEES.— 

11 ‘‘(A) AWARD.—A complainant who prevails 

12 in an action under this subsection with respect 

13 to a claim related to wages or compensation for 

14 employment, or a claim for a violation of sub15 section (l) or (m), shall be entitled to an award 

16 of reasonable attorney’s fees and costs. 

17 ‘‘(B) FRIVOLOUS COMPLAINTS.—A com18 plainant who files a frivolous complaint for an 

19 improper purpose under this subsection shall be 

20 liable for the reasonable attorney’s fees and costs 

21 of the person named in the complaint. 

22 ‘‘(6) POWER OF THE SECRETARY.—The Sec23 retary may bring an action in any court of com24 petent jurisdiction— 


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1 ‘‘(A) to seek remedial action, including in2 junctive relief; 

3 ‘‘(B) to recover the damages described in 

4 this subsection and subsection (o); or 

5 ‘‘(C) to ensure compliance with terms and 

6 conditions described in subsection (l)(6). 

7 ‘‘(7) OTHER RIGHTS OF EMPLOYEES.—The rights 

8 and remedies provided to W nonimmigrants under 

9 this section are in addition to any other contractual 

10 or statutory rights and remedies of the workers, and 

11 are not intended to alter or affect such rights and 

12 remedies. 

13 ‘‘(o) PENALTIES.— 

14 ‘‘(1) IN GENERAL.—If, after notice and an op15 portunity for a hearing, the Secretary finds a viola16 tion of this section, the Secretary may impose admin17 istrative remedies and penalties, including— 

18 ‘‘(A) back wages; 

19 ‘‘(B) benefits; and 

20 ‘‘(C) civil monetary penalties. 

21 ‘‘(2) CIVIL PENALTIES.—The Secretary may im22 pose, as a civil penalty— 

23 ‘‘(A) for a violation of this subsection— 

24 ‘‘(i) a fine in an amount not more 

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1 er and $4,000 per violation per affected 

2 worker for each subsequent violation; 

3 ‘‘(ii) if the violation was willful, a fine 

4 in an amount not more than $5,000 per 

5 violation per affected worker; and 

6 ‘‘(iii) if the violation was willful and 

7 if 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 attes14 tations 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 designation 

21 as an ineligible employer, recruiter, or 

22 broker for purposes of any immigrant or 

23 nonimmigrant program. 

24 ‘‘(3) CRIMINAL PENALTY.—Any person who 

25 knowingly misrepresents the number of full-time 


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1 equivalent employees of an employer or the number of 

2 employees of a person who are United States workers 

3 for the purpose of reducing a fee under subsection 

4 (e)(6) or avoiding the limitation in subsection (e)(7), 

5 shall be fined in accordance with title 18, United 

6 States Code, in an amount up to $25,000 or impris7 oned 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.— 

17 ‘‘(A) REQUIREMENT FOR SYSTEM.—The 

18 Secretary, through U.S. Citizenship and Immi19 gration Services, shall implement an electronic 

20 monitoring system to monitor presence and em21 ployment of W nonimmigrants, including a re22 quirement that registered employers update the 

23 system when W nonimmigrants start and end 

24 employment in registered positions. 


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1 ‘‘(B) SYSTEM DESCRIPTION.—Such system 

2 shall be modeled on the Student and Exchange 

3 Visitor Information System (SEVIS) and 

4 SEVIS II tracking system of U.S. Immigration 

5 and Customs Enforcement. 

6 ‘‘(C) INTERACTION WITH REGISTRY.—Such 

7 system shall interact with the registry referred to 

8 in subsection (e)(1)(F) to ensure that the Sec9 retary designates and updates approved reg10 istered positions as being filled or unfilled.’’. 

11 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

12 contents in the first section (8 U.S.C. 1101 et seq.) is 

13 amended by adding after the item relating to section 219 

14 the following: 

‘‘Sec. 220. Admission of W nonimmigrant workers.’’. 

15 Subtitle H—Investing in New Ven16 ture, Entrepreneurial Startups, 

17 and Technologies 

18 SEC. 4801. NONIMMIGRANT INVEST VISAS. 

19 (a) INVEST NONIMMIGRANT CATEGORY.—Section 

20 101(a)(15) (8 U.S.C. 1101(a)(15)), as amended by sections 

21 2231, 2308, 2309, 3201, 4402, 4504, 4601, and 4702, is fur22 ther amended by inserting after subparagraph (W) the fol23 lowing: 

24 ‘‘(X) in accordance with the definitions in 

25 section 203(b)(6)(A), a qualified entrepreneur 


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1 who has demonstrated that, during the 3-year 

2 period ending on the date on which the alien 

3 filed an initial petition for nonimmigrant status 

4 described in this clause— 

5 ‘‘(i) a qualified venture capitalist, a 

6 qualified super angel investor, a qualified 

7 government entity, a qualified community 

8 development financial institution, qualified 

9 startup accelerator, or such other type of en10 tity or investors, as determined by the Sec11 retary, or any combination of such entities 

12 or investors, has made a qualified invest13 ment or combination of qualified invest14 ments of not less than $100,000 in total in 

15 the alien’s United States business entity; or 

16 ‘‘(ii) the alien’s United States business 

17 entity has created no fewer than 3 qualified 

18 jobs and during the 2-year period ending on 

19 such date has generated not less than 

20 $250,000 in annual revenue arising from 

21 business conducted in the United States; 

22 or’’. 

23 (b) ADMISSION OF INVEST NONIMMIGRANTS.—Sec24 tion 214 (8 U.S.C. 1184), as amended by sections 3608, 


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1 4232, 4405, 4503, 4504, 4602, 4605, and 4606, is further 

2 amended by adding at the end the following: 

3 ‘‘(aa) INVEST NONIMMIGRANT VISAS.— 

4 ‘‘(1) DEFINITIONS.—The definitions in section 

5 203(b)(6)(A) apply to this subsection. 

6 ‘‘(2) INITIAL PERIOD OF AUTHORIZED ADMIS7 SION.—The initial period of authorized status as a 

8 nonimmigrant described in section 101(a)(15)(X) 

9 shall be for an initial 3-year period. 

10 ‘‘(3) RENEWAL OF ADMISSION.—Subject to para11 graph (4), the initial period of authorized non12 immigrant status described in paragraph (2) may be 

13 renewed for additional 3-year periods if during the 

14 most recent 3-year period that the alien was granted 

15 such status— 

16 ‘‘(A) the alien’s United States business enti17 ty has created no fewer than 3 qualified jobs and 

18 a qualified venture capitalist, a qualified super 

19 angel investor, a qualified government entity, a 

20 qualified community development financial in21 stitution, qualified startup accelerator, or such 

22 other type of entity or investors, as determined 

23 by the Secretary, or any combination of such en24 tities or investors, has made a qualified invest25 ment or combination of qualified investments of 


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1 not less than $250,000 in total to the alien’s 

2 United States business entity; or 

3 ‘‘(B) the alien’s United States business enti4 ty has created no fewer than 3 qualified jobs 

5 and, during the 2-year period ending on the date 

6 that the alien petitioned for an extension, has 

7 generated not less than $250,000 in annual rev8 enue arising from business conducted within the 

9 United States. 

10 ‘‘(4) WAIVER OF RENEWAL REQUIREMENTS.— 

11 The Secretary may renew an alien’s status as a non12 immigrant described in section 101(a)(15)(X) for not 

13 more than 1 year at a time, up to an aggregate of 

14 2 years if the alien— 

15 ‘‘(A) does not meet the criteria under para16 graph (3); and 

17 ‘‘(B) meets the criteria established by the 

18 Secretary, in consultation with the Secretary of 

19 Commerce, for approving renewals under this 

20 subsection, which shall include a finding that— 

21 ‘‘(i) the alien has made substantial 

22 progress in meeting such criteria; and 

23 ‘‘(ii) such renewal is economically ben24 eficial to the United States. 


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1 ‘‘(5) ATTESTATION.—The Secretary may require 

2 an alien seeking status as a nonimmigrant described 

3 in section 101(a)(15)(X) to attest, under penalty of 

4 perjury, that the alien meets the application criteria. 

5 ‘‘(6) X–1 VISA FEE.—In addition to processing 

6 fees, the Secretary shall collect a $1,000 fee from each 

7 nonimmigrant admitted under section 101(a)(15)(X). 

8 Fees collected under this paragraph shall be deposited 

9 into the Comprehensive Immigration Reform Trust 

10 Fund established under section 6(a)(1) of the Illegal 

11 Immigration Reform and Immigrant Responsibility 

12 Act of 1996.’’. 

13 SEC. 4802. INVEST IMMIGRANT VISA. 

14 Section 203(b) (8 U.S.C. 1153(b)) is amended— 

15 (1) by redesignating paragraph (6) as para16 graph (7); and 

17 (2) by inserting after paragraph (5) the fol18 lowing: 

19 ‘‘(6) INVEST IMMIGRANTS.— 

20 ‘‘(A) DEFINITIONS.—In this paragraph, sec21 tion 101(a)(15)(X), and section 214(s): 

22 ‘‘(i) QUALIFIED COMMUNITY DEVELOP23 MENT FINANCIAL INSTITUTION.—The term 

24 ‘qualified community development financial 

25 institution’ is defined as provided under 


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1 section 1805.201 45D(c) of title 12, Code of 

2 Federal Regulations, or any similar suc3 cessor regulations. 

4 ‘‘(ii) QUALIFIED ENTREPRENEUR.— 

5 The term ‘qualified entrepreneur’ means an 

6 individual who— 

7 ‘‘(I) has a significant ownership 

8 interest, which need not constitute a 

9 majority interest, in a United States 

10 business entity; 

11 ‘‘(II) is employed in a senior exec12 utive position of such United States 

13 business entity; 

14 ‘‘(III) submits a business plan to 

15 U.S. Citizenship and Immigration 

16 Services; and 

17 ‘‘(IV) had a substantial role in 

18 the founding or early-stage growth and 

19 development of such United States 

20 business entity. 

21 ‘‘(iii) QUALIFIED GOVERNMENT ENTI22 TY.—The term ‘qualified government entity’ 

23 means an agency or instrumentality of the 

24 United States or of a State, local, or tribal 

25 government. 


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1 ‘‘(iv) QUALIFIED INVESTMENT.—The 

2 term ‘qualified investment’— 

3 ‘‘(I) means an investment in a 

4 qualified entrepreneur’s United States 

5 business entity that is— 

6 ‘‘(aa) a purchase from the 

7 United States business entity or 

8 equity or convertible debt issued 

9 by such entity; 

10 ‘‘(bb) a secured loan; 

11 ‘‘(cc) a convertible debt note; 

12 ‘‘(dd) a public securities of13 fering; 

14 ‘‘(ee) a research and develop15 ment award from a qualified gov16 ernment entity to the United 

17 States entity; 

18 ‘‘(ff) other investment deter19 mined appropriate by the Sec20 retary; or 

21 ‘‘(gg) a combination of the 

22 investments described in items 

23 (aa) through (ff); and 

24 ‘‘(II) may not include an invest25 ment from such qualified entrepreneur, 


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1 the parents, spouse, son, or daughter of 

2 such qualified entrepreneur, or from 

3 any corporation, company, association, 

4 firm, partnership, society, or joint 

5 stock company over which such quali6 fied entrepreneur has a substantial 

7 ownership interest. 

8 ‘‘(v) QUALIFIED JOB.—The term 

9 ‘qualified job’ means a full-time position of 

10 a 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 for at least 2 

15 years by an individual who is not the 

16 qualified entrepreneur or the spouse, 

17 son, or daughter of the qualified entre18 preneur; and 

19 ‘‘(III) pays a wage that is not less 

20 than 250 percent of the Federal min21 imum wage. 

22 ‘‘(vi) QUALIFIED STARTUP ACCEL23 ERATOR.—The term ‘qualified startup accel24 erator’ means a corporation, company, assoVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01856 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 ciation, firm, partnership, society, or joint 

2 stock company that— 

3 ‘‘(I) is organized under the laws 

4 of the United States or any State and 

5 conducts business in the United States; 

6 ‘‘(II) in the ordinary course of 

7 business, provides a program of train8 ing, mentorship, and logistical support 

9 to assist entrepreneurs in growing 

10 their businesses; 

11 ‘‘(III) is managed by individuals, 

12 the majority of whom are citizens of 

13 the United States or aliens lawfully 

14 admitted for permanent residence; 

15 ‘‘(IV)(aa) regularly acquires an 

16 equity interest in companies that par17 ticipate in its programs, where the ma18 jority of the capital so invested is com19 mitted from individuals who are 

20 United States citizens or aliens law21 fully admitted for permanent residence, 

22 or from entities organized under the 

23 laws of the United States or any State; 

24 or 


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1 ‘‘(bb) is an entity that has re2 ceived not less than $250,000 in fund3 ing from a qualified government entity 

4 or entities during the previous 5 years 

5 and regularly makes grants to compa6 nies that participate in its programs 

7 (in which case, such grant shall be 

8 treated as a qualified investment for 

9 purposes of clause (iv)); 

10 ‘‘(V) during the previous 5 years, 

11 has acquired an equity interest in, or, 

12 in the case of an entity described in 

13 subclause (IV)(bb), regularly made 

14 grants to, not fewer than 10 United 

15 States business entities that have par16 ticipated in its programs and that 

17 have— 

18 ‘‘(aa) each secured at least 

19 $100,000 in initial investments; 

20 or 

21 ‘‘(bb) during any 2-year pe22 riod following the date of such ac23 quisition, generated not less than 

24 $500,000 in aggregate annual rev25 enue within the United States; 


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1 ‘‘(VI) has its primary location in 

2 the United States; and 

3 ‘‘(VII) satisfies such other criteria 

4 as may be established by the Secretary. 

5 ‘‘(vii) QUALIFIED SUPER ANGEL INVES6 TOR.—The term ‘qualified super angel in7 vestor’ means an individual or organized 

8 group of individuals investing directly or 

9 through a legal entity— 

10 ‘‘(I) each of whom is an accred11 ited investor, as defined in section 

12 230.501(a) of title 17, Code of Federal 

13 Regulations, or any similar successor 

14 regulation, investing the funds owned 

15 by such individual or organized group 

16 in a qualified entrepreneur’s United 

17 States business entity; 

18 ‘‘(II)(aa) if an individual, is a 

19 citizen of the United States or an alien 

20 lawfully admitted for permanent resi21 dence; or 

22 ‘‘(bb) if an organized group or 

23 legal entity, a majority of the individ24 uals investing through such group or 

25 entity are citizens of the United States 


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1 or aliens lawfully admitted for perma2 nent residence; and 

3 ‘‘(III) each of whom in the pre4 vious 3 years has made qualified in5 vestments in a total amount deter6 mined to be appropriate by the Sec7 retary, that is not less than $50,000, in 

8 United States business entities which 

9 are less than 5 years old. 

10 ‘‘(viii) QUALIFIED VENTURE CAPI11 TALIST.—The term ‘qualified venture capi12 talist’ means an entity— 

13 ‘‘(I) that— 

14 ‘‘(aa) is a venture capital 

15 operating company (as defined in 

16 section 2510.3–101(d) of title 29, 

17 Code of Federal Regulations (or 

18 any successor to such regulation)); 

19 or 

20 ‘‘(bb) has management 

21 rights, as defined in, and to the 

22 extent required by, such section 

23 2510.3–101(d) (or successor regu24 lation), in its portfolio companies; 


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1 ‘‘(II) that has capital commit2 ments of not less than $10,000,000; 

3 and 

4 ‘‘(III) the investment adviser, that 

5 is registered under the Investment Ad6 visers Act of 1940 (15 U.S.C. 80b–2), 

7 for which— 

8 ‘‘(aa) has its primary office 

9 location in the United States; 

10 ‘‘(bb) is owned, directly or 

11 indirectly, by individuals, the ma12 jority of whom are citizens of the 

13 United States or aliens lawfully 

14 admitted for permanent residence 

15 in the United States; 

16 ‘‘(cc) has been advising such 

17 entity or other similar funds or 

18 entities for at least 2 years; and 

19 ‘‘(dd) has advised such entity 

20 or a similar fund or entity with 

21 respect to at least 2 investments of 

22 not less than $500,000 made by 

23 such entity or similar fund or en24 tity during each of the most recent 

25 2 years. 


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1 ‘‘(ix) SECRETARY.—Except as other2 wise specifically provided, the term ‘Sec3 retary’ means the Secretary of Homeland 

4 Security. 

5 ‘‘(x) SENIOR EXECUTIVE POSITION.— 

6 The term ‘senior executive position’ includes 

7 the position of chief executive officer, chief 

8 technology officer, and chief operating offi9 cer. 

10 ‘‘(xi) UNITED STATES BUSINESS ENTI11 TY.—The term ‘United States business enti12 ty’ means any corporation, company, asso13 ciation, firm, partnership, society, or joint 

14 stock company that is organized under the 

15 laws of the United States or any State and 

16 that conducts business in the United States 

17 that is not— 

18 ‘‘(I) a private fund, as defined in 

19 202(a) of the Investment Advisers Act 

20 of 1940 (15 U.S.C. 80b–2); 

21 ‘‘(II) a commodity pool, as de22 fined in section 1a of the Commodity 

23 Exchange Act (7 U.S.C. 1a); 

24 ‘‘(III) an investment company, as 

25 defined in section 3 of the Investment 


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1 Company Act of 1940 (15 U.S.C. 80a– 

2 3); or 

3 ‘‘(IV) an issuer that would be an 

4 investment company but for an exemp5 tion provided in— 

6 ‘‘(aa) section 3(c) of the In7 vestment Company Act of 1940 

8 (15 U.S.C. 80a–3(c); or 

9 ‘‘(bb) section 270.3a–7 of 

10 title 17 of the Code of Federal 

11 Regulations or any similar suc12 cessor regulation. 

13 ‘‘(B) IN GENERAL.—Visas shall be available, 

14 in a number not to exceed 10,000 for each fiscal 

15 year, to qualified immigrants seeking to enter 

16 the United States for the purpose of creating new 

17 businesses, as described in this paragraph. 

18 ‘‘(C) ELIGIBILITY.—An alien is eligible for 

19 a visa under this paragraph if— 

20 ‘‘(i)(I) the alien is a qualified entre21 preneur; 

22 ‘‘(II) the alien maintained valid non23 immigrant status in the United States for 

24 at least 2 years; 


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1 ‘‘(III) during the 3-year period ending 

2 on the date the alien files an initial petition 

3 for such status under this section— 

4 ‘‘(aa)(AA) the alien has a signifi5 cant ownership in a United States 

6 business entity that has created no 

7 fewer than 5 qualified jobs; and 

8 ‘‘(BB) a qualified venture capi9 talist, a qualified super angel investor, 

10 a qualified government entity, a quali11 fied community development financial 

12 institution, qualified startup accel13 erator, or such other entity or type of 

14 investors, as determined by the Sec15 retary, or any combination of such en16 tities or investors, has devoted a quali17 fied investment or combination of 

18 qualified investments of not less than 

19 $500,000 in total to the alien’s United 

20 States business entity; or 

21 ‘‘(bb)(AA) the alien has a signifi22 cant ownership interest in a United 

23 States business entity that has created 

24 no fewer than 5 qualified jobs; and 


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1 ‘‘(BB) during the 2-year period 

2 ending on such date has generated not 

3 less than $750,000 in annual revenue 

4 within the United States; and 

5 ‘‘(IV) no more than 2 other aliens have 

6 received nonimmigrant status under this 

7 section on the basis of an alien’s ownership 

8 of such United States business entity; 

9 ‘‘(ii)(I) the alien is a qualified entre10 preneur; 

11 ‘‘(II) the alien maintained valid non12 immigrant status in the United States for 

13 at least 3 years prior to the date of filing 

14 an application for such status; 

15 ‘‘(III) the alien holds an advanced de16 gree in a field of science, technology, engi17 neering, or mathematics, approved by the 

18 Secretary; and 

19 ‘‘(IV) during the 3-year period ending 

20 on the date the alien files an initial petition 

21 for such status under this section— 

22 ‘‘(aa)(AA) the alien has a signifi23 cant ownership interest in a United 

24 States business entity that has created 

25 no fewer than 4 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, qualified startup accel6 erator, or such other entity or type of 

7 investors, as determined by the Sec8 retary, or any combination of such en9 tities or investors, has devoted a quali10 fied investment or combination of 

11 qualified investments of not less than 

12 $500,000 in total to the alien’s United 

13 States business entity; or 

14 ‘‘(bb)(AA) the alien has a signifi15 cant ownership interest in a United 

16 States business entity that has created 

17 no fewer than 3 qualified jobs; and 

18 ‘‘(BB) during the 2-year period 

19 ending on such date has generated not 

20 less than $500,000 in annual revenue 

21 within the United States; and 

22 ‘‘(V) no more than 3 other aliens have 

23 received nonimmigrant status under this 

24 section on the basis of an alien’s ownership 

25 of such United States business entity. 


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1 ‘‘(D) ATTESTATION.—The Secretary may 

2 require an alien seeking a visa under this para3 graph to attest, under penalties of perjury, to the 

4 alien’s qualifications.’’. 

5 SEC. 4803. ADMINISTRATION AND OVERSIGHT. 

6 (a) REGULATIONS.—Not later than 16 months after the 

7 date of the enactment of this Act, the Secretary, in consulta8 tion with the Secretary of Commerce, the Administrator of 

9 the Small Business Administration, and other heads of 

10 other relevant Federal agencies and departments, shall pro11 mulgate regulations to carry out the amendments made by 

12 this subtitle. Such regulations shall ensure that such amend13 ments are implemented in a manner that is consistent with 

14 the protection of national security and promotion of United 

15 States economic growth, job creation, and competitiveness. 

16 (b) MODIFICATION OF DOLLAR AMOUNTS.— 

17 (1) IN GENERAL.—The Secretary may from time 

18 to time prescribe regulations increasing or decreasing 

19 any dollar amount specified in section 203(b)(6) of 

20 the Immigration and Nationality Act, as added by 

21 section 4802, section 101(a)(15)(X) of such Act, as 

22 added by section 4801, or section 214(s), as added by 

23 section 4801. 

24 (2) AUTOMATIC ADJUSTMENT.—Unless a dollar 

25 amount referred to in paragraph (1) is adjusted by 


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1 the Secretary under paragraph (1), such dollar 

2 amount shall automatically adjust on January 1, 

3 2016, by the percentage change in the Consumer Price 

4 Index (CPI–U) during fiscal year 2015, and on every 

5 fifth subsequent January 1 by the percentage change 

6 in the CPI–U during the previous 5 fiscal years, for 

7 any petition filed to classify an alien under this 

8 paragraph on or after the date of each automatic ad9 justment. 

10 (c) OTHER AUTHORITY.—The Secretary, in the Sec11 retary’s unreviewable discretion, may deny or revoke the 

12 approval of a petition seeking classification of an alien 

13 under paragraph (6) of section 203(b) of the Immigration 

14 and Nationality Act, as added by section 4802, or any other 

15 petition, application, or benefit based upon the previous or 

16 concurrent filing or approval of a petition for classification 

17 of an alien under such paragraph (6), if the Secretary de18 termines, in the Secretary’s sole and unreviewable discre19 tion, that the approval or continuation of such petition, ap20 plication, or benefit is contrary to the national interest of 

21 the United States or for other good cause. 

22 (d) REPORTS.—Once every 3 years, the Secretary shall 

23 submit to Congress a report on this subtitle and the amend24 ments made by this subtitle. Each such report shall in25 clude— 


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1 (1) the number and percentage of entrepreneurs 

2 able to meet thresholds for nonimmigrant renewal and 

3 adjustment to green card status under the amend4 ments made by this subtitle; 

5 (2) an analysis of the program’s economic im6 pact including job and revenue creation, increased in7 vestments and growth within business sectors and re8 gions; 

9 (3) a description and breakdown of types of busi10 nesses that entrepreneurs granted nonimmigrant or 

11 immigrant status are creating; 

12 (4) for each report following the Secretary’s ini13 tial report submitted under this subsection, a descrip14 tion of the percentage of the businesses initially cre15 ated by the entrepreneurs granted immigrant and 

16 nonimmigrant status under this subtitle and the 

17 amendments made by this subtitle, that are still in 

18 operation; and 

19 (5) any recommendations for improving the pro20 gram established by this subtitle and the amendments 

21 made by this subtitle. 

22 SEC. 4804. PERMANENT AUTHORIZATION OF EB–5 RE23 GIONAL CENTER PROGRAM. 

24 (a) REPEAL.—Section 610 of the Departments of Com25 merce, Justice, and State, the Judiciary, and Related AgenVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01869 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 cies Appropriations Act, 1993 (8 U.S.C. 1153 note) is re2 pealed. 

3 (b) AUTHORIZATION.—Section 203(b)(5) (8 U.S.C. 

4 1153(b)(5)) is amended by adding at the end the following: 

5 ‘‘(E) REGIONAL CENTER PROGRAM.— 

6 ‘‘(i) IN GENERAL.—Visas under this 

7 paragraph shall be made available to quali8 fied immigrants participating in a pro9 gram implementing this paragraph that in10 volves a regional center in the United 

11 States, which has been designated by the 

12 Secretary of Homeland Security, in con13 sultation with the Secretary of Commerce, 

14 on the basis of a general proposal for the 

15 promotion of economic growth, including— 

16 ‘‘(I) increased export sales; 

17 ‘‘(II) improved regional produc18 tivity; 

19 ‘‘(III) job creation; or 

20 ‘‘(IV) increased domestic capital 

21 investment. 

22 ‘‘(ii) ESTABLISHMENT OF A REGIONAL

23 CENTER.—A regional center shall have ju24 risdiction over a defined geographic area, 

25 which shall be described in the proposal and 


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1 consistent with the purpose of concentrating 

2 pooled investment in defined economic 

3 zones. The establishment of a regional center 

4 may be based on general predictions, con5 tained in the proposal, concerning— 

6 ‘‘(I) the kinds of commercial en7 terprises that will receive investments 

8 from aliens; 

9 ‘‘(II) the jobs that will be created 

10 directly or indirectly as a result of 

11 such investments; and 

12 ‘‘(III) other positive economic ef13 fects such investments will have. 

14 ‘‘(iii) COMPLIANCE.—In determining 

15 compliance with subparagraph (A)(ii), the 

16 Secretary of Homeland Security shall per17 mit aliens admitted under the program de18 scribed in this subparagraph to establish 

19 reasonable methodologies for determining 

20 the number of jobs created by the program, 

21 including jobs estimated to have been cre22 ated indirectly through— 

23 ‘‘(I) revenues generated from in24 creased exports, improved regional pro25 ductivity, job creation; or 


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1 ‘‘(II) increased domestic capital 

2 investment resulting from the program, 

3 including jobs created outside of the ge4 ographic boundary of the regional cen5 ter as a result of the immigrant’s in6 vestment in regional center-affiliated 

7 commercial enterprises. 

8 ‘‘(iv) INDIRECT JOB CREATION.—The 

9 Secretary shall permit immigrants admit10 ted under this paragraph to satisfy the re11 quirements under subparagraph (A)(ii) 

12 with jobs that are estimated to be created 

13 indirectly through investment under this 

14 paragraph in accordance with this subpara15 graph. 

16 ‘‘(F) PREAPPROVAL OF BUSINESS PLANS

17 FOR REGIONAL CENTER INVESTMENTS.— 

18 ‘‘(i) PETITION.—Before the filing of a 

19 petition under this subparagraph by an 

20 alien investor, a commercial enterprise af21 filiated with a regional center may file a 

22 petition with the Secretary of Homeland 

23 Security to preapprove a particular invest24 ment in the commercial enterprise, as pro25 vided in— 


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1 ‘‘(I) a business plan for a specific 

2 capital investment project; 

3 ‘‘(II) investment documents, such 

4 as subscription, investment, partner5 ship, and operating agreements; and 

6 ‘‘(III) a credible economic anal7 ysis regarding estimated job creation 

8 that is based upon reasonable meth9 odologies. 

10 ‘‘(ii) PREAPPROVAL PROCEDURE.—The 

11 Secretary shall establish a process to facili12 tate the preapproval of business plans under 

13 this subparagraph related to investment in 

14 a regional center commercial enterprise, 

15 which shall include an opportunity for the 

16 applicant to address and cure any defi17 ciencies identified by the Secretary in the 

18 applicant’s business plan, investment docu19 ments, or statement regarding job creation 

20 prior to a final determination. The Sec21 retary shall impose a fee for the use of the 

22 process described in this clause sufficient to 

23 recover the costs of its administration. 

24 ‘‘(iii) EFFECT OF PREAPPROVAL OF

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1 GIONAL CENTER COMMERCIAL ENTER2 PRISE.—The preapproval of a petition 

3 under this subparagraph shall be binding 

4 for purposes of the adjudication of petitions 

5 filed under this subparagraph by immi6 grants investing in the commercial enter7 prise unless the Secretary determines that 

8 there is evidence of fraud, misrepresenta9 tion, criminal misuse, a threat to national 

10 security, or other evidence affecting pro11 gram eligibility that was not disclosed by 

12 the petitioner during the preapproval proc13 ess. 

14 ‘‘(iv) EXPEDITED PROCESSING OPTION

15 FOR ALIEN INVESTOR PETITIONS AFFILI16 ATED WITH PREAPPROVED BUSINESS

17 PLANS.—The Secretary may establish a pre18 mium processing option for alien investors 

19 who are investing in a commercial enter20 prise that has received preapproval under 

21 this subparagraph and may impose a fee for 

22 the use of that option sufficient to recover 

23 all costs of the option. 

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1 TERIA.—The Secretary shall consider the 

2 potential for fraud, misrepresentation, 

3 criminal misuse, and threats to national se4 curity in establishing eligibility criteria for 

5 any program the Secretary may establish 

6 under this subparagraph. 

7 ‘‘(G) REGIONAL CENTER FINANCIAL STATE8 MENTS.— 

9 ‘‘(i) IN GENERAL.—Each regional cen10 ter designated under subparagraph (E) 

11 shall annually submit, to the Director of 

12 U.S. Citizenship and Immigration Services 

13 (referred to in this subparagraph as the ‘Di14 rector’), in a manner prescribed by the Sec15 retary of Homeland Security, financial 

16 statements, including— 

17 ‘‘(I) an accounting of all foreign 

18 investor money invested through the re19 gional center; and 

20 ‘‘(II) for each capital investment 

21 project— 

22 ‘‘(aa) an accounting of the 

23 aggregate capital invested through 

24 the regional center or affiliated 


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1 commercial enterprises by immi2 grants under this paragraph; 

3 ‘‘(bb) a description of how 

4 such funds are being used to exe5 cute the approved business plan; 

6 ‘‘(cc) evidence that 100 per7 cent of such investor funds have 

8 been dedicated to the project; 

9 ‘‘(dd) detailed evidence of the 

10 progress made toward the comple11 tion of the project; 

12 ‘‘(ee) an accounting of the 

13 aggregate direct and indirect jobs 

14 created or preserved; and 

15 ‘‘(ff) a certification by the re16 gional center that such statements 

17 are accurate. 

18 ‘‘(ii) AMENDMENT OF FINANCIAL

19 STATEMENTS.—If the Director determines 

20 that a financial statement required under 

21 clause (i) is deficient, the Director may re22 quire the regional center to amend or sup23 plement such financial statement. 

24 ‘‘(iii) SANCTIONS.— 


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1 ‘‘(I) EFFECT OF VIOLATION.—If 

2 the Director determines, after review3 ing the financial statements submitted 

4 under clause (i), that a regional center, 

5 director, or other individual involved 

6 with a regional center (other than an 

7 alien investor) has violated any re8 quirement under clause (i) or that the 

9 regional center is conducting itself in a 

10 manner inconsistent with its designa11 tion, the Director may sanction the 

12 violating entity or individual under 

13 subclause (II). 

14 ‘‘(II) AUTHORIZED SANCTIONS.— 

15 The Director shall establish a grad16 uated set of sanctions for violations re17 ferred to in subclause (I), including— 

18 ‘‘(aa) fines equal to not more 

19 than 5 percent of the total capital 

20 invested by immigrant investors 

21 in the commercial enterprise’s ap22 proved business plan; 

23 ‘‘(bb) temporary suspension 

24 from participation in the pro25 gram described in subparagraph 


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1 (E), which may be lifted by the 

2 Director if the individual or enti3 ty cures the alleged violation after 

4 being provided such an oppor5 tunity by the Director; 

6 ‘‘(cc) permanent bar from 

7 program participation for 1 or 

8 more individuals affiliated with 

9 the regional center; and 

10 ‘‘(dd) termination of regional 

11 center status. 

12 ‘‘(H) BONA FIDES OF PERSONS INVOLVED IN

13 REGIONAL CENTERS.— 

14 ‘‘(i) IN GENERAL.—No person shall be 

15 permitted by any regional center to be in16 volved with the regional center as its prin17 cipal, representative, administrator, owner, 

18 officer, board member, manager, executive, 

19 general partner, fiduciary, marketer, pro20 moter, or other similar position of sub21 stantive authority for the operations, man22 agement or promotion of the regional center 

23 if the Secretary of Homeland Security— 

24 ‘‘(I) determines such person has 

25 been found liable within the previous 5 


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1 years for any criminal or civil viola2 tion of any law relating to fraud or de3 ceit, or at any time if such violation 

4 involved a criminal conviction with a 

5 term of imprisonment of at least 1 

6 year or a criminal or civil violation of 

7 any law or agency regulation in con8 nection with the purchase or sale of a 

9 security; or 

10 ‘‘(II) knows or has reasonable 

11 cause to believe that the person is en12 gaged in, has ever been engaged in, or 

13 seeks to engage in any— 

14 ‘‘(aa) illicit trafficking in 

15 any controlled substance; 

16 ‘‘(bb) activity relating to es17 pionage or sabotage; 

18 ‘‘(cc) activity related to 

19 money laundering (as described in 

20 section 1956 or 1957 of title 18, 

21 United States Code); 

22 ‘‘(dd) terrorist activity (as 

23 defined in clauses (iii) and (iv) of 

24 section 212(a)(3)(B)); 


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1 ‘‘(ee) human trafficking or 

2 human rights offense; or 

3 ‘‘(ff) violation of any statute, 

4 regulation, or Executive Order re5 garding foreign financial trans6 actions or foreign asset control. 

7 ‘‘(ii) INFORMATION REQUIRED.—The 

8 Secretary shall require such attestations 

9 and information, including, the submission 

10 of fingerprints to the Federal Bureau of In11 vestigation, and shall perform such crimi12 nal record checks and other background 

13 checks with respect to a regional center, and 

14 persons involved in a regional center as de15 scribed in clause (i), as the Secretary con16 siders appropriate to determine whether the 

17 regional center is in compliance with clause 

18 (i). The Secretary may require the informa19 tion and attestations described in this 

20 clause from such regional center, and any 

21 person involved in the regional center, at 

22 any time on or after the date of the enact23 ment of the Border Security, Economic Op24 portunity, and Immigration Modernization 

25 Act. 


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1 ‘‘(iii) TERMINATION.—The Secretary is 

2 authorized, in his or her unreviewable dis3 cretion, to terminate any regional center 

4 from the program under this paragraph if 

5 he or she determines that— 

6 ‘‘(I) the regional center is in vio7 lation of clause (i); 

8 ‘‘(II) the regional center or any 

9 person involved with the regional cen10 ter has provided any false attestation 

11 or information under clause (ii); 

12 ‘‘(III) the regional center or any 

13 person involved with the regional cen14 ter fails to provide an attestation or 

15 information requested by the Secretary 

16 under clause (ii); or 

17 ‘‘(IV) the regional center or any 

18 person involved with the regional cen19 ter is engaged in fraud, misrepresenta20 tion, criminal misuse, or threats to na21 tional security. 

22 ‘‘(I) REGIONAL CENTER COMPLIANCE WITH

23 SECURITIES LAWS.— 

24 ‘‘(i) CERTIFICATION REQUIRED.—The 

25 Secretary of Homeland Security shall not 


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1 approve an application for regional center 

2 designation or regional center amendment 

3 that does not certify that the regional center 

4 and, to the best knowledge of the applicant, 

5 all parties to the regional center are in, and 

6 will maintain, compliance with the securi7 ties laws of the United States. 

8 ‘‘(ii) TERMINATION OR SUSPENSION.— 

9 The Secretary shall terminate the designa10 tion of any regional center that does not 

11 provide the certification described in sub12 clause (i) on an annual basis. In addition 

13 to any other authority provided to the Sec14 retary regarding the regional center pro15 gram described in subparagraph (E), the 

16 Secretary may, in his or her unreviewable 

17 discretion, suspend or terminate the des18 ignation of any regional center if he or she 

19 determines that the regional center or any 

20 party to the regional center— 

21 ‘‘(I) is permanently or tempo22 rarily enjoined by order, judgment, or 

23 decree of any court of competent juris24 diction in connection with the pur25 chase or sale of a security; 


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1 ‘‘(II) is subject to any final order 

2 of the Securities and Exchange Com3 mission that— 

4 ‘‘(aa) bars such person from 

5 association with an entity regu6 lated by the Securities and Ex7 change Commission; or 

8 ‘‘(bb) constitutes a final 

9 order based on violations in con10 nection with the purchase or sale 

11 of a security; or 

12 ‘‘(III) knowingly submitted or 

13 caused to be submitted a certification 

14 described in clause (i) that contained 

15 an untrue statement of a material fact 

16 or omitted to state a material fact nec17 essary in order to make the statements 

18 made, in the light of the circumstances 

19 under which they were made, not mis20 leading. 

21 ‘‘(iii) SAVINGS PROVISION.—Nothing 

22 in this subparagraph may be construed to 

23 impair or limit the authority of the Securi24 ties and Exchange Commission under the 

25 Federal securities laws. 


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1 ‘‘(iv) DEFINED TERM.—For the pur2 pose of this subparagraph, the term ‘party 

3 to the regional center’ shall include the re4 gional center, its agents, employees, and at5 torneys, and any persons in active concert 

6 or participation with the regional center. 

7 ‘‘(J) DENIAL OR REVOCATION.—If the Sec8 retary of Homeland Security determines, in his 

9 or her unreviewable discretion, that the approval 

10 of a petition, application, or benefit described in 

11 this subparagraph is contrary to the national in12 terest of the United States for reasons relating to 

13 fraud, misrepresentation, criminal misuse, or 

14 threats to national security, the Secretary may 

15 deny or revoke the approval of— 

16 ‘‘(i) a petition seeking classification of 

17 an alien as an alien investor under this 

18 paragraph; 

19 ‘‘(ii) a petition to remove conditions 

20 under section 216A before granting lawful 

21 permanent resident status or any other peti22 tion, application, or benefit based upon the 

23 previous or concurrent filing or approval of 

24 a petition for classification of an alien 

25 under this paragraph; or 


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1 ‘‘(iii) an application for designation 

2 as a regional center.’’. 

3 (c) ASSISTANCE BY THE SECRETARY OF COMMERCE.— 

4 (1) IN GENERAL.—The Secretary of Commerce, 

5 upon the request of the Secretary, shall provide con6 sultation assistance for determining whether— 

7 (A) a proposed regional center should be 

8 designated, terminated, or subject to other adju9 dicative action; or 

10 (B) a petitioner or applicant for a benefit 

11 under section 203(b)(5) of the Immigration and 

12 Nationality Act, as amended by subsection (b), 

13 has met the requirements under such paragraph 

14 with respect to job creation. 

15 (2) RULEMAKING.—The Secretary and the Sec16 retary of Commerce may each adopt such rules and 

17 regulations as are necessary to carry out the consulta18 tion process provided for in paragraph (1). 

19 (3) SAVINGS PROVISION.—Nothing in this sub20 section shall be construed to require consultation with 

21 the Secretary of Commerce to continue the designa22 tion of a regional center approved before the date of 

23 the enactment of this Act. 

24 (d) EFFECTIVE DATE.—The amendments made by this 

25 section— 


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1 (1) shall be effective upon the enactment of this 

2 Act; and 

3 (2) shall apply to— 

4 (A) any application to designate a regional 

5 center, and any person involved with the re6 gional center, that is pending or approved on or 

7 after the date of the enactment of this Act; and 

8 (B) any regional center approved before the 

9 date of the enactment of this Act, on or after a 

10 delayed effective date that is 1 year after such 

11 date of enactment with respect to any person in12 volved in the regional center on or after such de13 layed effective date. 

14 SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS 

15 FOR CERTAIN EMPLOYMENT-BASED IMMI16 GRANTS, SPOUSES, AND CHILDREN. 

17 (a) IN GENERAL.—Section 216A (8 U.S.C. 1186b) is 

18 amended to read as follows: 

19 ‘‘SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS 

20 FOR CERTAIN EMPLOYMENT-BASED IMMI21 GRANTS, SPOUSES, AND CHILDREN. 

22 ‘‘(a) IN GENERAL.— 

23 ‘‘(1) CONDITIONAL BASIS FOR STATUS.—Not24 withstanding any other provision of this Act, employ25 ment-based immigrants (as defined in subsection (f) 


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1 (1) or (2)), alien spouses, and alien children (as de2 fined in subsection (f)(3)) shall be considered, at the 

3 time of obtaining the status of an alien lawfully ad4 mitted for permanent residence, to have obtained such 

5 status on a conditional basis subject to the provisions 

6 of this section. 

7 ‘‘(2) NOTICE OF REQUIREMENTS.— 

8 ‘‘(A) AT TIME OF OBTAINING PERMANENT

9 RESIDENCE.—At the time an employment-based 

10 immigrant, alien spouse, or alien child obtains 

11 permanent resident status on a conditional basis 

12 under paragraph (1), the Secretary of Homeland 

13 Security shall provide for notice to the alien, 

14 spouse, or child respecting the provisions of this 

15 section and the requirements of subsection (c)(1) 

16 to have the conditional basis of such status re17 moved. 

18 ‘‘(B) AT TIME OF REQUIRED PETITION.—In 

19 addition, the Secretary of Homeland Security 

20 shall attempt to provide notice to an employ21 ment-based immigrant, alien spouse, or alien 

22 child, at or about the beginning of the 90-day pe23 riod described in subsection (d)(3), of the re24 quirements of subsection (c)(1). 


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1 ‘‘(C) EFFECT OF FAILURE TO PROVIDE NO2 TICE.—The failure of the Secretary of Homeland 

3 Security to provide a notice under this para4 graph shall not affect the enforcement of the pro5 visions of this section with respect to an employ6 ment-based immigrant, alien spouse, or alien 

7 child. 

8 ‘‘(b) TERMINATION OF STATUS IF FINDING THAT

9 QUALIFYING EMPLOYMENT IMPROPER.— 

10 ‘‘(1) ALIEN INVESTOR.—In the case of an alien 

11 investor with permanent resident status on a condi12 tional basis under subsection (a), if the Secretary of 

13 Homeland Security determines, before the second an14 niversary of the alien’s obtaining the status of lawful 

15 admission for permanent residence, that— 

16 ‘‘(A) the investment in the commercial en17 terprise was intended as a means of evading the 

18 immigration laws of the United States; 

19 ‘‘(B)(i) the alien did not invest, or was not 

20 actively in the process of investing, the requisite 

21 capital; or 

22 ‘‘(ii) the alien was not sustaining the ac23 tions described in clause (i) throughout the pe24 riod of the alien’s residence in the United States; 

25 or 


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1 ‘‘(C) subject to the exception in subsection 

2 (d)(4), the alien was otherwise not conforming to 

3 the requirements under section 203(b)(5), 

4 the Secretary shall so notify the alien investor and, 

5 subject to paragraph (3), shall terminate the perma6 nent resident status of the alien (and the alien spouse 

7 and alien child) involved as of the date of the deter8 mination. 

9 ‘‘(2) EMPLOYEE OF A FEDERAL NATIONAL SECU10 RITY, SCIENCE, AND TECHNOLOGY LABORATORY, CEN11 TER OR AGENCY.—In the case of an employee of a 

12 Federal national security, science, and technology lab13 oratory, center, or agency (as defined pursuant to sec14 tion 203(b)(2)(C)) with permanent resident status on 

15 a conditional basis under subsection (a), if the Sec16 retary of Homeland Security, in consultation with 

17 the relevant employing department or agency, deter18 mines, before the first anniversary of the alien’s ob19 taining the status of lawful admission for permanent 

20 residence, that— 

21 ‘‘(A) the qualifying employment was in22 tended as a means of evading the immigration 

23 laws of the United States; 


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1 ‘‘(B) the alien has not completed or is not 

2 likely to complete 12 months of qualifying con3 tinuous employment; or 

4 ‘‘(C) the alien did not otherwise conform 

5 with the requirements of section 203(b)(2), 

6 the Secretary shall so notify the alien involved and, 

7 subject to paragraph (3), shall terminate the perma8 nent resident status of the alien (and the alien spouse 

9 and alien child) involved as of the date of the deter10 mination. 

11 ‘‘(3) HEARING IN REMOVAL PROCEEDING.—Any 

12 alien whose permanent resident status is terminated 

13 under paragraph (1) or (2) may request a review of 

14 such determination in a proceeding to remove the 

15 alien. In such proceeding, the burden of proof shall be 

16 on the Secretary of Homeland Security to establish, 

17 by a preponderance of the evidence, that a condition 

18 described in paragraph (1) or (2), as appropriate, is 

19 met. 

20 ‘‘(c) REQUIREMENTS OF TIMELY PETITION AND

21 INTERVIEW FOR REMOVAL OF CONDITION.— 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) PETITION AND INTERVIEW.—In order 

24 for the conditional basis established under subVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01890 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 section (a) for an employment-based immigrant, 

2 alien spouse, or alien child to be removed— 

3 ‘‘(i) the employment-based immigrant 

4 shall submit to the Secretary of Homeland 

5 Security, during the period described in 

6 subsection (d)(3), a petition which requests 

7 the removal of such conditional basis and 

8 which states, under penalty of perjury, the 

9 facts and information described in para10 graph (1) or (2) of subsection (d), as appro11 priate; and 

12 ‘‘(ii) in accordance with subsection 

13 (d)(3), the employment-based immigrant 

14 must appear for a personal interview before 

15 an officer or employee of U.S. Citizenship 

16 and Immigration Services respecting such 

17 facts and information. 

18 ‘‘(B) SEPARATE PETITION NOT RE19 QUIRED.—An alien spouse or alien child shall 

20 not be required to file separate petitions under 

21 subparagraph (A)(i) if the employment-based 

22 immigrant’s petition includes such alien spouse 

23 or alien child. 

24 ‘‘(C) EFFECT ON SPOUSE OR CHILD.—If the 

25 alien spouse or alien child obtains permanent 


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1 residence on a conditional basis after the em2 ployment-based immigrant files a petition under 

3 subparagraph (A)(i)— 

4 ‘‘(i) the conditional basis of the perma5 nent residence of the alien spouse or alien 

6 child shall be removed upon approval of the 

7 employment-based immigrant’s petition 

8 under this subsection; 

9 ‘‘(ii) the permanent residence of the 

10 alien spouse or alien child shall be uncondi11 tional if— 

12 ‘‘(I) the employment-based immi13 grant’s petition is approved before the 

14 date on which the spouse or child ob15 tains permanent residence; or 

16 ‘‘(II) the employment-based immi17 grant dies after the approval of a peti18 tion under section 203(b)(5); and 

19 ‘‘(iii) the alien child shall not be 

20 deemed ineligible for approval under section 

21 203(b)(5) or removal of conditions under 

22 this section if the alien child reaches 21 

23 years of age during— 


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1 ‘‘(I) the pendency of the employ2 ment-based immigrant’s petition under 

3 section 203(b)(5); or 

4 ‘‘(II) conditional residency under 

5 such section. 

6 ‘‘(D) ADDITIONAL FEE.—Notwithstanding 

7 any other provision under this section, the Sec8 retary may require the employment-based immi9 grant to pay an additional fee for a petition 

10 filed under subparagraph (A)(i) that includes the 

11 alien’s spouse and child or children. 

12 ‘‘(2) TERMINATION OF PERMANENT RESIDENT

13 STATUS FOR FAILURE TO FILE PETITION OR HAVE

14 PERSONAL INTERVIEW.— 

15 ‘‘(A) IN GENERAL.—In the case of an alien 

16 with permanent resident status on a conditional 

17 basis under subsection (a), if— 

18 ‘‘(i) no petition is filed with respect to 

19 the alien in accordance with the provisions 

20 of paragraph (1)(A); or 

21 ‘‘(ii) unless there is good cause shown, 

22 the employment-based immigrant fails to 

23 appear at the interview described in para24 graph (1)(B) (if required under subsection 

25 (d)(4)), 


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1 the Secretary of Homeland Security shall termi2 nate the permanent resident status of the alien 

3 (and the alien’s spouse and children if it was ob4 tained on a conditional basis under this section 

5 or section 216) as of the second anniversary of 

6 the alien’s lawful admission for permanent resi7 dence. 

8 ‘‘(B) HEARING IN REMOVAL PROCEEDING.— 

9 In any removal proceeding with respect to an 

10 alien whose permanent resident status is termi11 nated under subparagraph (A), the burden of 

12 proof shall be on the alien to establish compli13 ance with the conditions of paragraphs (1)(A) 

14 and (1)(B). 

15 ‘‘(3) DETERMINATION AFTER PETITION AND

16 INTERVIEW.— 

17 ‘‘(A) IN GENERAL.—If— 

18 ‘‘(i) a petition is filed in accordance 

19 with the provisions of paragraph (1)(A); 

20 and 

21 ‘‘(ii) the employment-based immigrant 

22 appears at any interview described in para23 graph (1)(B), 

24 the Secretary of Homeland Security shall make 

25 a determination, not later than 90 days after the 


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1 date of such filing or interview (whichever is 

2 later), as to whether the facts and information 

3 described in paragraph (1) or (2) of subsection 

4 (d), as appropriate, and alleged in the petition 

5 are true. 

6 ‘‘(B) REMOVAL OF CONDITIONAL BASIS IF

7 FAVORABLE DETERMINATION.— 

8 ‘‘(i) HEADER.—If the Secretary of 

9 Homeland Security determines with respect 

10 to a petition filed by an alien investor that 

11 such facts and information are true, the 

12 Secretary shall so notify the alien investor 

13 and shall remove the conditional basis of the 

14 alien’s status effective as of the second anni15 versary of the alien’s lawful admission for 

16 permanent residence. 

17 ‘‘(ii) REMOVAL OF CONDITIONAL BASIS

18 FOR EMPLOYEE OF A FEDERAL NATIONAL

19 SECURITY, SCIENCE, AND TECHNOLOGY LAB20 ORATORY, CENTER OR AGENCY.—If the Sec21 retary of Homeland Security determines 

22 with respect to a petition filed by an em23 ployee of a Federal national security, 

24 science, and technology laboratory, center, 

25 or agency that such facts and information 


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1 are true, the Secretary shall so notify the 

2 alien and shall remove the conditional basis 

3 of the alien’s status effective as of the first 

4 anniversary of the alien’s lawful admission 

5 for permanent residence. 

6 ‘‘(C) TERMINATION IF ADVERSE DETER7 MINATION.—If the Secretary of Homeland Secu8 rity determines that such facts and information 

9 are not true, the Secretary shall so notify the 

10 alien involved and, subject to subparagraph (D), 

11 shall terminate the permanent resident status of 

12 an employment-based immigrant, alien spouse, 

13 or alien child as of the date of the determination. 

14 ‘‘(D) HEARING IN REMOVAL PROCEEDING.— 

15 Any alien whose permanent resident status is 

16 terminated under subparagraph (C) may request 

17 a review of such determination in a proceeding 

18 to remove the alien. In such proceeding, the bur19 den of proof shall be on the Secretary of Home20 land Security to establish, by a preponderance of 

21 the evidence, that the facts and information de22 scribed in subsection (d)(1) and alleged in the 

23 petition are not true. 

24 ‘‘(d) DETAILS OF PETITION AND INTERVIEW.— 


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1 ‘‘(1) CONTENTS OF PETITION BY ALIEN INVES2 TOR.—Each petition filed by an alien investor under 

3 section (c)(1)(A) shall contain facts and information 

4 demonstrating that the alien— 

5 ‘‘(A)(i) invested, or is actively in the process 

6 of investing, the requisite capital; and 

7 ‘‘(ii) sustained the actions described in 

8 clause (i) throughout the period of the alien’s res9 idence in the United States; and 

10 ‘‘(B) except as provided in paragraph (4), 

11 is otherwise conforming to the requirements 

12 under section 203(b)(5). 

13 ‘‘(2) CONTENTS OF PETITION BY EMPLOYEE OF A

14 FEDERAL NATIONAL SECURITY, SCIENCE, AND TECH15 NOLOGY LABORATORY, CENTER, OR AGENCY.—Each 

16 petition under subsection (c)(1)(A) filed by an em17 ployee of a Federal national security, science, and 

18 technology laboratory, center, or agency shall contain 

19 facts and information demonstrating that the alien is 

20 conforming to the requirements of section 203(b)(2). 

21 ‘‘(3) PERIOD FOR FILING PETITION.— 

22 ‘‘(A) 90-DAY PERIOD BEFORE ANNIVER23 SARY.—Except as provided in subparagraph (B), 

24 the petition under subsection (c)(1)(A) must be 

25 filed as follows: 


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1 ‘‘(i) In the case of an alien investor, 

2 during the 90-day period before the second 

3 anniversary of the alien’s lawful admission 

4 for permanent residence. 

5 ‘‘(ii) In the case of an employee of a 

6 Federal national security, science, and tech7 nology laboratory, center, or agency, during 

8 the 90-day period before the first anniver9 sary of the alien’s lawful admission for per10 manent residence. 

11 ‘‘(B) LATE PETITIONS.—Such a petition 

12 may be considered if filed after such date, but 

13 only if the alien establishes to the satisfaction of 

14 the Secretary of Homeland Security good cause 

15 and extenuating circumstances for failure to file 

16 the petition during the period described in sub17 paragraph (A). 

18 ‘‘(C) FILING OF PETITIONS DURING RE19 MOVAL.—In the case of an alien who is the sub20 ject of removal hearings as a result of failure to 

21 file a petition on a timely basis in accordance 

22 with subparagraph (A), the Secretary of Home23 land Security may stay such removal pro24 ceedings against an alien pending the filing of 

25 the petition under subparagraph (B). 


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1 ‘‘(4) PERSONAL INTERVIEW.—The interview 

2 under subsection (c)(1)(B) shall be conducted within 

3 90 days after the date of submitting a petition under 

4 subsection (c)(1)(A) and at a local office of U.S. Citi5 zenship and Immigration Services, designated by the 

6 Secretary of Homeland Security, which is convenient 

7 to the parties involved. The Secretary, in the discre8 tion of the Secretary, may waive the deadline for such 

9 an interview or the requirement for such an interview 

10 in such cases as may be appropriate. 

11 ‘‘(5) SPECIAL RULE FOR ALIEN INVESTORS IN A

12 REGIONAL CENTER.—Each petition under subsection 

13 (c)(1)(A) filed by an alien investor who invests in ac14 cordance with section 203(b)(5)(E) shall contain facts 

15 and information demonstrating that the alien is com16 plying with the requirements under section 203(b)(5), 

17 except— 

18 ‘‘(A) the alien shall not be subject to the re19 quirements under section 203(b)(5)(A)(ii); and 

20 ‘‘(B) the petition shall contain the most re21 cent financial statement filed by the regional 

22 center in which the alien has invested in accord23 ance with section 203(b)(5)(G). 

24 ‘‘(e) TREATMENT OF PERIOD FOR PURPOSES OF NATU25 RALIZATION.—For purposes of title III, in the case of an 


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1 alien who is in the United States as a lawful permanent 

2 resident on a conditional basis under this section, the alien 

3 shall be considered to have been admitted as an alien law4 fully admitted for permanent residence and to be in the 

5 United States as an alien lawfully admitted to the United 

6 States for permanent residence, if the alien has had the con7 ditional basis removed pursuant to this section. 

8 ‘‘(f) FRAUD, MISREPRESENTATION, CRIMINAL MISUSE, 

9 OR THREATS TO THE PUBLIC SAFETY OR NATIONAL SECU10 RITY.—If the Secretary of Homeland Security determines, 

11 in his or her sole and unreviewable discretion, that the con12 ditional permanent resident status granted to an employ13 ment-based immigrant under subsection (a), or to an alien 

14 researcher described in section 203(b)(2)(A)(ii) is contrary 

15 to the national interest of the United States for reasons re16 lating to fraud, misrepresentation, criminal misuse, or 

17 threats to national security, the Secretary shall— 

18 ‘‘(1) notify the immigrant involved of such deter19 mination; and 

20 ‘‘(2) terminate the permanent resident status of 

21 the immigrant involved (and the alien spouse and 

22 alien children of such immigrant) as of the date of 

23 such determination. 

24 ‘‘(g) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘alien investor’ means an alien 

2 who obtains the status of an alien lawfully admitted 

3 for permanent residence (whether on a conditional 

4 basis or otherwise) under section 203(b)(5). 

5 ‘‘(2) The term ‘alien spouse’ and the term ‘alien 

6 child’ mean an alien who obtains the status of an 

7 alien lawfully admitted for permanent residence 

8 (whether on a conditional basis or otherwise) by vir9 tue of being the spouse or child, respectively, of an 

10 alien investor or an employee of a Federal national 

11 security, science, and technology laboratory, center, or 

12 agency. 

13 ‘‘(3) The term ‘commercial enterprise’ includes a 

14 limited partnership. 

15 ‘‘(4) The term ‘employment-based immigrant’ 

16 means an alien described in paragraph (1) or (5). 

17 ‘‘(5) The term ‘employee of a Federal national 

18 security, science, and technology laboratory, center, or 

19 agency’ means an alien who obtains the status of an 

20 alien lawfully admitted for permanent residence 

21 (whether on a conditional basis or otherwise) under 

22 section 203(b)(2)(A)(ii).’’. 

23 (b) CONFORMING AMENDMENT.—Section 216(e) (8 

24 U.S.C. 1186a(e)) is amended by inserting before the period 


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1 at the end the following: ‘‘, if the alien has had the condi2 tional basis removed pursuant to this section’’. 

3 (c) CLERICAL AMENDMENT.—The table of contents is 

4 amended by striking the item relating to section 216A and 

5 inserting the following: 

‘‘Sec. 216A. Conditional permanent resident status for certain employment-based 

immigrants, spouses, and children.’’. 

6 SEC. 4806. EB–5 VISA REFORMS. 

7 (a) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

8 LIMITATION.—Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as 

9 amended by sections 2103(c)(2), 2212(d)(2), 2307(b), and 

10 2402, is further amended by adding at the end the fol11 lowing: 

12 ‘‘(P) Aliens who are the spouse or a child of an 

13 alien admitted as an employment-based immigrant 

14 under section 203(b)(5).’’. 

15 (b) TECHNICAL AMENDMENT.—Section 203(b)(5), as 

16 amended by this Act, is further amended by striking ‘‘Attor17 ney General’’ each place it appears and inserting ‘‘Sec18 retary of Homeland Security’’. 

19 (c) TARGETED EMPLOYMENT AREAS.— 

20 (1) IN GENERAL.—Section 203(b)(5)(B) (8 

21 U.S.C. 1153(b)(5)(B)) is amended to read as follows: 

22 ‘‘(B) SET-ASIDE FOR TARGETED EMPLOY23 MENT AREAS.— 


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1 ‘‘(i) IN GENERAL.—Not fewer than 

2 5,000 of the visas made available under this 

3 paragraph in each fiscal year shall be re4 served for qualified immigrants who invest 

5 in a new commercial enterprise described in 

6 subparagraph (A), which— 

7 ‘‘(I) is investing such capital in a 

8 targeted employment area; and 

9 ‘‘(II) will create employment in 

10 such targeted employment area. 

11 ‘‘(ii) DURATION OF HIGH UNEMPLOY12 MENT AND POVERTY AREA DESIGNATION.— 

13 A designation of a high unemployment or 

14 poverty area as a targeted employment area 

15 shall be valid for 5 years and may be re16 newed for additional 5-year periods if the 

17 area continues to meet the definition of a 

18 high unemployment or poverty area. An in19 vestor who has made the required amount of 

20 investment in such a targeted employment 

21 area during its period of designation shall 

22 not be required to increase the amount of 

23 investment based upon expiration of the 

24 designation.’’. 


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1 (d) ADJUSTMENT OF MINIMUM EB–5 INVESTMENT

2 AMOUNT.—Section 203(b)(5)(C)(i) (8 U.S.C. 

3 1153(b)(5)(C)(i)) is amended— 

4 (1) by striking ‘‘The Attorney General’’ and in5 serting ‘‘The Secretary of Commerce’’; 

6 (2) by striking ‘‘Secretary of State’’ and insert7 ing ‘‘Secretary of Homeland Security’’; and 

8 (3) by adding at the end the following: ‘‘Unless 

9 adjusted by the Secretary of Commerce, the amount 

10 specified in this clause shall automatically adjust, on 

11 January 1, 2016, by the percentage change in the 

12 Consumer Price Index (CPI–U) during fiscal year 

13 2015, and on every fifth subsequent January 1 by the 

14 cumulative percentage change in the CPI–U during 

15 the previous 5 fiscal years, for any petition filed to 

16 classify an alien under this paragraph on or after the 

17 date of each automatic adjustment.’’. 

18 (e) DEFINITIONS.— 

19 (1) IN GENERAL.—Section 203(b)(5) (8 U.S.C. 

20 1153(b)(5)), as amended by subsections (b) and (c) 

21 and section 4804, is further amended— 

22 (A) by striking subparagraph (D) and in23 serting following: 

24 ‘‘(D) CALCULATION OF FULL-TIME EMPLOY25 MENT.—Job creation under this paragraph may 


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1 consist of employment measured in full-time 

2 equivalents, such as intermittent or seasonal em3 ployment opportunities and construction jobs. A 

4 full-time employment position is not a require5 ment for indirect job creation.’’; and 

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

7 ‘‘(K) DEFINITIONS.—In this paragraph: 

8 ‘‘(i) The term ‘capital’ means all real, 

9 personal, or mixed assets, whether tangible 

10 or intangible, owned or controlled by the in11 vestor, or held in trust for the benefit of the 

12 investor, to which the investor has unre13 stricted access, which shall be valued at fair 

14 market value in United States dollars, in 

15 accordance with Generally Accepted Ac16 counting Principles, at the time it is in17 vested under this paragraph. 

18 ‘‘(ii) The term ‘full-time employment’ 

19 means employment in a position that re20 quires at least 35 hours of service per week, 

21 regardless of how many employees fill the 

22 position. 

23 ‘‘(iii) The term ‘high unemployment 

24 and poverty area’ means— 


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1 ‘‘(I) an area consisting of a cen2 sus tract or contiguous census tracts 

3 that has an unemployment rate that is 

4 at least 150 percent of the national av5 erage unemployment rate and includes 

6 at least 1 census tract with 20 percent 

7 of its residents living below the poverty 

8 level as determined by the Bureau of 

9 the Census; or 

10 ‘‘(II) an area that is within the 

11 boundaries established for purposes of 

12 a Federal or State economic develop13 ment incentive program, including 

14 areas defined as Enterprise Zones, Re15 newal Communities, Promise Zones, 

16 and Empowerment Zones. 

17 ‘‘(iv) The term ‘rural area’ means— 

18 ‘‘(I) any area other than an area 

19 within a metropolitan statistical area 

20 or within the outer boundary of any 

21 city or town having a population of 

22 20,000 or more (based on the most re23 cent decennial census of the United 

24 States); or 


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1 ‘‘(II) any city or town having a 

2 population of fewer than 20,000 (based 

3 on the most recent decennial census of 

4 the United States) that is located with5 in a State having a population of 

6 fewer than 1,500,000 (based on the 

7 most recent decennial census of the 

8 United States). 

9 ‘‘(v) The term ‘targeted employment 

10 area’ means a rural area or a high unem11 ployment and poverty area.’’. 

12 (2) EFFECTIVE DATE.—The amendment made by 

13 paragraph (1) shall apply to any application for a 

14 visa under section 203(b)(5) of the Immigration and 

15 Nationality Act that is filed on or after the date that 

16 is 1 year after the date of the enactment of this Act. 

17 (f) AGE DETERMINATION FOR CHILDREN OF ALIEN IN18 VESTORS.—Section 203(h) (8 U.S.C. 1153(h)) is amended 

19 by adding at the end the following: 

20 ‘‘(5) AGE DETERMINATION FOR CHILDREN OF

21 ALIEN INVESTORS.—An alien admitted under sub22 section (d) as a lawful permanent resident on a con23 ditional basis as the child of an alien lawfully admit24 ted for permanent residence under subsection (b)(5), 

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1 tional basis is terminated under section 216A, shall 

2 continue to be considered a child of the principal 

3 alien for the purpose of a subsequent immigrant peti4 tion by such alien under subsection (b)(5) if the alien 

5 remains unmarried and the subsequent petition is 

6 filed by the principal alien not later than 1 year after 

7 the termination of conditional lawful permanent resi8 dent status. No alien shall be considered a child under 

9 this paragraph with respect to more than 1 petition 

10 filed after the alien’s 21st birthday.’’. 

11 (g) ENHANCED PAY SCALE FOR CERTAIN FEDERAL

12 EMPLOYEES ADMINISTERING THE EB–5 PROGRAM.—The 

13 Secretary may establish, fix the compensation of, and ap14 point individuals to, designated critical administrative, 

15 technical, and professional positions needed to administer 

16 sections 203(b)(5) and 216A of the Immigration and Na17 tionality Act (8 U.S.C. 1153(b)(5) and 1186b). 

18 (h) DELEGATION OF CERTAIN EB–5 AUTHORITY.— 

19 (1) IN GENERAL.—The Secretary of Homeland 

20 Security may delegate to the Secretary of Commerce 

21 authority and responsibility for determinations under 

22 sections 203(b)(5) and 216A (with respect to alien en23 trepreneurs) of the Immigration and Nationality Act 

24 (8 U.S.C. 1153(b)(5) and 1186a), including deterVerDate Mar 15 2010 22:25 Jun 06, 2013 Jkt 029200 PO 00000 Frm 01908 Fmt 6652 Sfmt 6203 E:\BILLS\S744.RS S744

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1 mining whether an alien has met employment cre2 ation requirements. 

3 (2) REGULATIONS.—The Secretary of Homeland 

4 Security and the Secretary of Commerce may each 

5 adopt such rules and regulations as are necessary to 

6 carry out the delegation authorized under paragraph 

7 (1), including regulations governing the eligibility 

8 criteria for obtaining benefits pursuant to the amend9 ments made by this section. 

10 (3) USE OF FEES.—Adjudication fees described 

11 in section 286(m) of the Immigration and Nation12 ality Act (8 U.S.C. 1356(m)) shall remain available 

13 until expended to reimburse the Secretary of Com14 merce for the costs of any determinations made by the 

15 Secretary of Commerce under paragraph (1). 

16 (i) CONCURRENT FILING OF EB–5 PETITIONS AND AP17 PLICATIONS FOR ADJUSTMENT OF STATUS.—Section 245 (8 

18 U.S.C. 1255), as amended by section 4237(b), is further 

19 amended— 

20 (1) in subsection (k), in the matter preceding 

21 paragraph (1), by striking ‘‘or (3)’’ and inserting 

22 ‘‘(3), (5), or (7)’’; and 

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

24 ‘‘(o) At the time a petition is filed for classification 

25 under section 203(b)(5), if the approval of such petition 


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1 would make a visa immediately available to the alien bene2 ficiary, the alien beneficiary’s application for adjustment 

3 of status under this section shall be considered to be prop4 erly filed whether the application is submitted concurrently 

5 with, or subsequent to, the visa petition.’’. 

6 SEC. 4807. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) FUNDING.—There are authorized to be appro8 priated from the Trust Fund established under section 6(a) 

9 such sums as may be necessary to carry out sections 1110, 

10 2101, 2104, 2212, 2213, 2221, 2232, 3301, 3501, 3502, 

11 3503, 3504, 3505, 3506, 3605, 3610, 4221, and 4401 of this 

12 Act. 

13 (b) AVAILABILITY OF FUNDS.—Amounts appropriated 

14 pursuant to this section shall remain available until ex15 pended unless otherwise specified in this Act. 

16 Subtitle I—Student and Exchange 

17 Visitor Programs 

18 SEC. 4901. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Student Visa Integ20 rity Act’’. 

21 SEC. 4902. SEVIS AND SEVP DEFINED. 

22 In this subtitle: 

23 (1) SEVIS.—The term ‘‘SEVIS’’ means the Stu24 dent and Exchange Visitor Information System of the 

25 Department of Homeland Security. 


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1 (2) SEVP.—The term ‘‘SEVP’’ means the Stu2 dent and Exchange Visitor Program of the Depart3 ment of Homeland Security. 

4 SEC. 4903. INCREASED CRIMINAL PENALTIES. 

5 Section 1546(a) of title 18, United States Code, is 

6 amended by striking ‘‘10 years’’ and inserting ‘‘15 years 

7 (if the offense was committed by an owner, official, em8 ployee, or agent of an educational institution with respect 

9 to such institution’s participation in the Student and Ex10 change Visitor Program), 10 years’’. 

11 SEC. 4904. ACCREDITATION REQUIREMENT. 

12 Section 101(a)(52) (8 U.S.C. 1101(a)(52)) is amended 

13 to read as follows: 

14 ‘‘(52) Except as provided in section 214(m)(4), the 

15 term ‘accredited college, university, or language training 

16 program’ means a college, university, or language training 

17 program that is accredited by an accrediting agency recog18 nized by the Secretary of Education.’’. 

19 SEC. 4905. OTHER ACADEMIC INSTITUTIONS. 

20 Section 214(m) (8 U.S.C. 1184(m)) is amended by 

21 adding at the end the following: 

22 ‘‘(3) The Secretary of Homeland Security shall require 

23 accreditation of an academic institution (except for sem24 inaries or other religious institutions) for purposes of sec25 tion 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); and 

3 ‘‘(B) an appropriate accrediting agency recog4 nized by the Secretary of Education is able to provide 

5 such accreditation. 

6 ‘‘(4) The Secretary of Homeland Security, in the Sec7 retary’s discretion, may waive the accreditation require8 ment in section 101(a)(15)(F)(i) with respect to an accred9 ited college, university, or language training program if the 

10 academic institution— 

11 ‘‘(A) is otherwise in compliance with the require12 ments of such section; and 

13 ‘‘(B) is, on the date of the enactment of the Ille14 gal Immigration Reform and Immigrant Responsi15 bility Act of 1996, a candidate for accreditation or, 

16 after such date, has been a candidate for accreditation 

17 for at least 1 year and continues to progress toward 

18 accreditation by an accreditation agency recognized 

19 by the Secretary of Education.’’. 

20 SEC. 4906. PENALTIES FOR FAILURE TO COMPLY WITH 

21 SEVIS REPORTING REQUIREMENTS. 

22 Section 641 of the Illegal Immigration Reform and 

23 Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is 

24 amended— 

25 (1) in subsection (c)(1)— 


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1 (A) by striking ‘‘institution,,’’ each place it 

2 appears and inserting ‘‘institution,’’; and 

3 (B) in subparagraph (D), by striking ‘‘and’’ 

4 at the end; 

5 (2) in subsection (d)(2), by striking ‘‘fails to pro6 vide the specified information’’ and all that follows 

7 and inserting ‘‘does not comply with the reporting re8 quirements set forth in this section, the Secretary of 

9 Homeland Security may— 

10 ‘‘(A) impose a monetary fine on such insti11 tution in an amount to be determined by the 

12 Secretary; and 

13 ‘‘(B) suspend the authority of such institu14 tion to issue a Form I–20 to any alien.’’. 

15 SEC. 4907. VISA FRAUD. 

16 (a) IMMEDIATE WITHDRAWAL OF SEVP CERTIFI17 CATION.—Section 641(d) of the Illegal Immigration Reform 

18 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

19 1372(d)) is amended— 

20 (1) in paragraph (1)(A), by striking ‘‘institu21 tion,,’’ and inserting ‘‘institution,’’; and 

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

23 ‘‘(3) EFFECT OF REASONABLE SUSPICION OF

24 FRAUD.—If the Secretary of Homeland Security has 

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1 ignated school official at, an approved institution of 

2 higher education, an other approved educational in3 stitution, or a designated exchange visitor program 

4 has committed fraud or attempted to commit fraud 

5 relating to any aspect of the Student and Exchange 

6 Visitor Program, or if such owner or designated 

7 school official is indicted for such fraud, the Secretary 

8 may immediately— 

9 ‘‘(A) suspend such certification without 

10 prior notification; and 

11 ‘‘(B) suspend such official’s or such school’s 

12 access to the Student and Exchange Visitor In13 formation System (SEVIS).’’. 

14 (b) EFFECT OF CONVICTION FOR VISA FRAUD.—Sec15 tion 641(d) of the Illegal Immigration Reform and Immi16 grant Responsibility Act of 1996, as amended by subsection 

17 (a), is further amended by adding at the end the following: 

18 ‘‘(5) PERMANENT DISQUALIFICATION FOR

19 FRAUD.—A designated school official at, or an owner 

20 of, an approved institution of higher education, an 

21 other approved educational institution, or a des22 ignated exchange visitor program who is convicted for 

23 fraud relating to any aspect of the Student and Ex24 change Visitor Program shall be permanently dis25 qualified from filing future petitions and from having 


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1 an ownership interest or a management role (includ2 ing serving as a principal, owner, officer, board mem3 ber, general partner, designated school official, or any 

4 other position of substantive authority for the oper5 ations or management of the institution) in any 

6 United States educational institution that enrolls 

7 nonimmigrant alien students described in subpara8 graph (F) or (M) of section 101(a)(15) of the Immi9 gration and Nationality Act (8 U.S.C. 1101(a)(15)).’’. 

10 SEC. 4908. BACKGROUND CHECKS. 

11 (a) IN GENERAL.—Section 641(d) of the Illegal Immi12 gration Reform and Immigrant Responsibility Act of 1996 

13 (8 U.S.C. 1372(d)), as amended by section 4907 of this Act, 

14 is further amended by adding at the end the following: 

15 ‘‘(6) BACKGROUND CHECK REQUIREMENT.— 

16 ‘‘(A) IN GENERAL.—An individual may not 

17 serve as a designated school official or be granted 

18 access to SEVIS unless the individual is a na19 tional of the United States or an alien lawfully 

20 admitted for permanent residence and during the 

21 most recent 3-year period— 

22 ‘‘(i) the Secretary of Homeland Secu23 rity has— 

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1 ing a review of the individual’s crimi2 nal and sex offender history and the 

3 verification of the individual’s immi4 gration status; and 

5 ‘‘(II) determined that the indi6 vidual— 

7 ‘‘(aa) has not been convicted 

8 of any violation of United States 

9 immigration law; and 

10 ‘‘(bb) is not a risk to the na11 tional security of the United 

12 States; and 

13 ‘‘(ii) the individual has successfully 

14 completed an on-line training course on 

15 SEVP and SEVIS, which has been devel16 oped by the Secretary. 

17 ‘‘(B) INTERIM DESIGNATED SCHOOL OFFI18 CIAL.— 

19 ‘‘(i) IN GENERAL.—An individual may 

20 serve as an interim designated school offi21 cial during the period that the Secretary is 

22 conducting the background check required 

23 by subparagraph (A)(i)(I). 

24 ‘‘(ii) REVIEWS BY THE SECRETARY.— 

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1 ignated school official under clause (i) does 

2 not successfully complete the background 

3 check required by subparagraph (A)(i)(I), 

4 the Secretary shall review each Form I–20 

5 issued by such interim designated school of6 ficial. 

7 ‘‘(7) FEE.—The Secretary is authorized to collect 

8 a fee from an approved school for each background 

9 check conducted under paragraph (6)(A)(i). The 

10 amount of such fee shall be equal to the average 

11 amount expended by the Secretary to conduct such 

12 background checks.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall take effect on the date that is 1 year after 

15 the date of the enactment of this Act. 

16 SEC. 4909. REVOCATION OF AUTHORITY TO ISSUE FORM I– 

17 20 OF FLIGHT SCHOOLS NOT CERTIFIED BY 

18 THE FEDERAL AVIATION ADMINISTRATION. 

19 Immediately upon the enactment of this Act, the Sec20 retary shall prohibit any flight school in the United States 

21 from accessing SEVIS or issuing a Form I–20 to an alien 

22 seeking a student visa pursuant to subparagraph (F)(i) or 

23 (M)(i) of section 101(a)(15) of the Immigration and Na24 tionality Act (8 U.S.C. 1101(a)(15)) if the flight school has 

25 not been certified to the satisfaction of the Secretary and 


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1 by the Federal Aviation Administration pursuant to part 

2 141 or part 142 of title 14, Code of Federal Regulations 

3 (or similar successor regulations). 

4 SEC. 4910. REVOCATION OF ACCREDITATION. 

5 At the time an accrediting agency or association is re6 quired to notify the Secretary of Education and the appro7 priate State licensing or authorizing agency of the final de8 nial, withdrawal, suspension, or termination of accredita9 tion of an institution pursuant to section 496 of the Higher 

10 Education Act of 1965 (20 U.S.C. 1099b), such accrediting 

11 agency or association shall notify the Secretary of Home12 land Security of such determination and the Secretary of 

13 Homeland Security shall immediately withdraw the school 

14 from the SEVP and prohibit the school from accessing 

15 SEVIS. 

16 SEC. 4911. REPORT ON RISK ASSESSMENT. 

17 Not later than 180 days after the date of the enactment 

18 of this Act, the Secretary shall submit to the Committee on 

19 the Judiciary of the Senate and the Committee on the Judi20 ciary of the House of Representatives a report that contains 

21 the risk assessment strategy that will be employed by the 

22 Secretary to identify, investigate, and take appropriate ac23 tion against schools and school officials that are facilitating 

24 the issuance of Form I–20 and the maintenance of student 


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1 visa status in violation of the immigration laws of the 

2 United States. 

3 SEC. 4912. IMPLEMENTATION OF GAO RECOMMENDATIONS. 

4 Not later than 180 days after the date of the enactment 

5 of this Act, the Secretary shall submit to the Committee on 

6 the Judiciary of the Senate and the Committee on the Judi7 ciary of the House of Representatives a report that de8 scribes— 

9 (1) the process in place to identify and assess 

10 risks in the SEVP; 

11 (2) a risk assessment process to allocate SEVP’s 

12 resources based on risk; 

13 (3) the procedures in place for consistently en14 suring a school’s eligibility, including consistently 

15 verifying in lieu of letters; 

16 (4) how SEVP identified and addressed missing 

17 school case files; 

18 (5) a plan to develop and implement a process 

19 to monitor State licensing and accreditation status of 

20 all SEVP-certified schools; 

21 (6) whether all flight schools that have not been 

22 certified to the satisfaction of the Secretary and by 

23 the Federal Aviation Administration have been re24 moved from the program and have been restricted 

25 from accessing SEVIS; 


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1 (7) the standard operating procedures that gov2 ern coordination among SEVP, Counterterrorism and 

3 Criminal Exploitation Unit, and U.S. Immigration 

4 and Customs Enforcement field offices; and 

5 (8) the established criteria for referring cases of 

6 a potentially criminal nature from SEVP to the 

7 counterterrorism and intelligence community. 

8 SEC. 4913. IMPLEMENTATION OF SEVIS II. 

9 Not later than 2 years after the date of the enactment 

10 of this Act, the Secretary shall complete the deployment of 

11 both phases of the second generation Student and Exchange 

12 Visitor Information System (commonly known as ‘‘SEVIS 

13 II’’). 


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Calendar No. 80 

113TH CONGRESS 

1ST SESSION S. 744 

A BILL 

To provide for comprehensive immigration reform 

and for other purposes. 

MAY 28, 2013 

Reported, under authority of the order of the Senate of 

May 23, 2013, with an amendment 


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