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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3639 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3639

To amend the Immigration and Nationality Act to provide secure borders 
 and to give long-term resident youth the ability to contribute to the 
safety and economic growth of the United States and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 27, 2012

 Mrs. Hutchison (for herself, Mr. Kyl, and Mr. McCain) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend the Immigration and Nationality Act to provide secure borders 
 and to give long-term resident youth the ability to contribute to the 
safety and economic growth of the United States and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assisting Children and Helping them 
Improve their Educational Value for Employment Act'' or the ``ACHIEVE 
Act''.

SEC. 2. CONDITIONAL NONIMMIGRANT STATUS FOR CERTAIN ALIENS WHO ENTERED 
              THE UNITED STATES AS CHILDREN.

    Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) is amended--
            (1) in subparagraph (T)(iii), by striking the period at the 
        end and inserting a semicolon;
            (2) in subparagraph (U)(iii), by striking ``or'' at the 
        end;
            (3) in subparagraph (V)(ii)(II), by striking the period at 
        the end and inserting a semicolon; and
            (4) by adding at the end the following:
                    ``(W)(i) an alien whose nonimmigrant status in the 
                United States is on a conditional basis pursuant to 
                this clause and section 214(s) and the alien has shown 
                with clear and convincing evidence that the alien--
                            ``(I) was younger than 14 years of age on 
                        the date on which the alien initially entered 
                        the United States;
                            ``(II) has maintained a continuous physical 
                        presence in the United States during the 5-year 
                        period immediately preceding the date of the 
                        enactment of the ACHIEVE Act;
                            ``(III) initially entered the United States 
                        on a date that was prior to the date that was 5 
                        years prior to the date of the enactment of the 
                        ACHIEVE Act;
                            ``(IV) has been a person of good moral 
                        character since the date on which the alien 
                        initially entered the United States;
                            ``(V) is not inadmissible under paragraph 
                        (1), (2), (3), (4), (5), (6)(B), (6)(C), 
                        (6)(E), (6)(F), (6)(G), (8), (9)(A), or (10) of 
                        section 212(a);
                            ``(VI) is not deportable under paragraph 
                        (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), 
                        (4), (5), or (6) of section 237(a);
                            ``(VII) has not been convicted of a felony, 
                        any offense that may be described as a crime of 
                        moral turpitude under this Act, or a 
                        misdemeanor under Federal or State law, 
                        punishable by imprisonment for more than 30 
                        days, unless such misdemeanor is the result of 
                        a traffic violation that does not involve the 
                        applicant being under the influence of alcohol 
                        or any substance listed in Schedule I of the 
                        Controlled Substances Act (Public Law 91-513);
                            ``(VIII) has not ordered, incited, 
                        assisted, or otherwise participated in the 
                        persecution of any person on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion;
                            ``(IX) has earned a high school diploma 
                        from a high school physically located in the 
                        United States or obtained a general education 
                        development certificate in the United States 
                        and--
                                    ``(aa) is enlisted, or is intending 
                                to enlist (as documented in accordance 
                                with section 214(s)(3)(I)), in one of 
                                the branches of the Armed Forces (which 
                                has the meaning given the term `armed 
                                forces' in section 101(a) of title 10, 
                                United States Code);
                                    ``(bb) is admitted as a student to 
                                an institution of higher education (as 
                                defined in section 101(a) of the Higher 
                                Education Act of 1965), which is 
                                physically located in the United 
                                States;
                                    ``(cc) has earned a bachelor's 
                                degree or an associate's degree from an 
                                institution of higher education; or
                                    ``(dd) has served for a period of 
                                at least 4 years in one of the branches 
                                of the Armed Forces and was not 
                                dishonorably discharged;
                            ``(X) has never been under a final 
                        administrative or judicial order of exclusion, 
                        deportation, or removal, unless the alien--
                                    ``(aa) remained in the United 
                                States under the color of law after the 
                                order was issued; or
                                    ``(bb) received the order before 
                                reaching 16 years of age; and
                            ``(XI)(aa) was younger than 29 years of age 
                        on the date of the enactment of the ACHIEVE 
                        Act; or
                            ``(bb) in the case of an alien who had 
                        earned a bachelor's degree or an associate's 
                        degree prior to such date of enactment from an 
                        institution of higher education, was younger 
                        than 32 years of age on such date of enactment;
                    ``(ii) an alien whose nonimmigrant status in the 
                United States is on a conditional basis pursuant to 
                this clause and section 214(s) and has shown with clear 
                and convincing evidence that the alien--
                            ``(I) was a conditional nonimmigrant 
                        described in clause (i) for a period of not 
                        less than 6 years and during such period--
                                    ``(aa) has not violated any of the 
                                requirements of clause (i);
                                    ``(bb) has not become a public 
                                charge; and
                                    ``(cc) has not abandoned the 
                                alien's residence in the United States;
                            ``(II) before or during such period of 
                        conditional nonimmigrant status--
                                    ``(aa) obtained a bachelor's degree 
                                from an institution of higher education 
                                and, if such degree was obtained before 
                                the alien was granted such status, was 
                                employed in the United States for a 
                                period of not less than 4 years;
                                    ``(bb) served at least 4 years in 
                                one of the branches of the Armed Forces 
                                and, if discharged from the military, 
                                was not discharged dishonorably; or
                                    ``(cc) obtained an associate's 
                                degree from an institution of higher 
                                education, or a substantially 
                                equivalent degree from a technical or 
                                vocational school that is accredited by 
                                the Accrediting Commission of Career 
                                Schools and Colleges, and was employed 
                                in the United States for a period of 
                                not less than 30 months; and
                            ``(III)(aa) has an offer of employment in 
                        the United States;
                            ``(bb) is employed in the United States; or
                            ``(cc) is pursuing a graduate degree at an 
                        institution of higher education; or
                    ``(iii) an alien who has shown with clear and 
                convincing evidence that the alien--
                            ``(I) was a conditional nonimmigrant under 
                        clause (i) for a period of not less than 6 
                        years and had conditional nonimmigrant status 
                        under clause (ii) for a period of not less than 
                        4 years and during both such periods--
                                    ``(aa) was in compliance with all 
                                requirements for such status during 
                                such periods;
                                    ``(bb) did not become a public 
                                charge; and
                                    ``(cc) did not abandon the alien's 
                                residence in the United States; and
                            ``(II) while in such status pursuant to 
                        clause (ii)--
                                    ``(aa) was employed in the United 
                                States for a period of 36 months; or
                                    ``(bb) was enrolled in a graduate 
                                degree program at an institution of 
                                higher education, or obtained a 
                                graduate degree from an institution of 
                                higher education.''.

SEC. 3. ADMISSION AND CANCELLATION OF REMOVAL OF W CONDITIONAL 
              NONIMMIGRANTS.

    (a) Process for Cancellation of Removal and Adjustment to W-1 
Conditional Nonimmigrant Status.--Section 214 of the Immigration and 
Nationality Act (8 U.S.C. 1184) is amended by adding at the end the 
following:
    ``(s) W Conditional Nonimmigrant Status.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Armed forces.--The term `Armed Forces' has 
                the meaning given the term `armed forces' in section 
                101(a) of title 10, United States Code.
                    ``(B) Institution of higher education.--The term 
                `institution of higher education' has the meaning given 
                such term in section 101(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1002), except that the term does not 
                include an institution of higher education outside the 
                United States.
                    ``(C) Secretary.--Except as otherwise specifically 
                provided, the term `Secretary' means the Secretary of 
                Homeland Security.
                    ``(D) W-1 conditional nonimmigrant.--The term `W-1 
                conditional nonimmigrant' means an alien granted 
                nonimmigrant status pursuant to clause (i) of section 
                101(a)(15)(W) and in compliance with this subsection.
                    ``(E) W-2 conditional nonimmigrant.--The term `W-2 
                conditional nonimmigrant' means an alien granted 
                nonimmigrant status pursuant to clause (ii) of section 
                101(a)(15)(W) and in compliance with this subsection.
                    ``(F) W-3 nonimmigrant.--The term `W-3 
                nonimmigrant' means an alien granted nonimmigrant 
                status pursuant to clause (iii) of section 
                101(a)(15)(W) and in compliance with this subsection.
            ``(2) General conditions.--
                    ``(A) In general.--An alien applying for or granted 
                W-1 conditional nonimmigrant status, W-2 conditional 
                nonimmigrant status, or W-3 nonimmigrant status shall 
                be subject to the following general conditions:
                            ``(i) Status benefit solely for alien.--Any 
                        nonimmigrant status described in section 
                        101(a)(15)(W) is solely for the benefit of the 
                        alien on whom it is conferred. No dependents, 
                        lineal ascendants, or collateral ascendants of 
                        the alien on whom such status is conferred may 
                        obtain any immigration benefit as a result of 
                        such conferral of status while the principal 
                        alien remains in any such nonimmigrant status.
                            ``(ii) Prohibition on status benefit for 
                        culpable family member.--Any relative of an 
                        alien granted nonimmigrant status described in 
                        section 101(a)(15)(W) who assisted the alien's 
                        unlawful entry or unlawful presence into the 
                        United States is prohibited from benefitting 
                        from such alien's status while the principal 
                        alien remains in such nonimmigrant status.
                            ``(iii) Status during pendency of 
                        application.--An alien shall be deemed to be in 
                        the conditional nonimmigrant or nonimmigrant 
                        status applied for during the period in which 
                        the alien's application for such status is 
                        pending. Time spent during the pendency of the 
                        application process shall not count against the 
                        alien for the purpose of calculating the 
                        duration of the alien's valid status under any 
                        of the categories set forth in section 
                        101(a)(15)(W). While the alien's application 
                        for such status is pending, the alien may not 
                        receive any of the benefits described in 
                        clauses (iv) and (v).
                            ``(iv) Employment.--An alien granted such 
                        status shall be authorized to be employed in 
                        the United States incident to such status. If 
                        the alien is a student described in clause (i) 
                        or (ii) of section 101(a)(15)(W), the alien's 
                        employment shall be authorized by the Secretary 
                        if the alien provides proof to the Secretary 
                        that the alien is enrolled in at least 6 credit 
                        hours at an institution of higher learning (as 
                        defined under section 101(a) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1001(a)).
                            ``(v) Travel.--An alien granted such status 
                        may travel outside the United States and may be 
                        admitted (if otherwise admissible) upon return 
                        to the United States if--
                                    ``(I) the alien is the bearer of a 
                                valid, unexpired nonimmigrant visa 
                                document referred to in clause (vii); 
                                and
                                    ``(II) the alien's absence from the 
                                United States is not for any period 
                                longer than 90 days in duration.
                            ``(vi) Evidence of status.--The Secretary 
                        of State shall issue to each alien granted any 
                        such status a highly tamper-resistant document 
                        that--
                                    ``(I) provides evidence of the 
                                alien's valid nonimmigrant visa status, 
                                the alien's lawful presence in the 
                                United States, and the alien's 
                                authorization for employment in the 
                                United States;
                                    ``(II) contains the alien's 
                                biographic and biometric information; 
                                and
                                    ``(III) contains a unique watermark 
                                and other uniquely designed physical 
                                security features, which are to be 
                                determined by the Secretary, to prevent 
                                the tampering, counterfeiting, and 
                                unauthorized duplication of such 
                                document.
                            ``(vii) No foreign residence.--An alien 
                        granted such status is not required to have a 
                        foreign residence which the alien has no 
                        intention of abandoning.
                            ``(viii) Prohibition on benefits.--An alien 
                        granted such status--
                                    ``(I) is not eligible for any 
                                Federal means-tested public welfare 
                                benefits;
                                    ``(II) is not eligible for any 
                                Federal student loans, Federal work-
                                study programs, or any other services 
                                or benefits provided under title IV of 
                                the Higher Education Act of 1965 (20 
                                U.S.C. 1070 et seq.); and
                                    ``(III) is not considered to be 
                                lawfully present in the United States 
                                for purposes of--
                                            ``(aa) section 36B of the 
                                        Internal Revenue Code of 1986; 
                                        or
                                            ``(bb) section 1402 of the 
                                        Patient Protection and 
                                        Affordable Care Act (42 U.S.C. 
                                        18071).
                            ``(ix) Change of status.--
                                    ``(I) W-1 conditional 
                                nonimmigrant.--Notwithstanding any 
                                other provision of law, an alien may 
                                not change or adjust from W-1 
                                conditional nonimmigrant status to any 
                                other legal status except for W-2 
                                conditional nonimmigrant status.
                                    ``(II) W-2 conditional 
                                nonimmigrant.--Notwithstanding any 
                                other provision of law, an alien may 
                                not change or adjust from W-2 
                                conditional nonimmigrant status to any 
                                other legal status except for W-3 
                                nonimmigrant status.
                            ``(x) Reporting requirement.--
                        Notwithstanding any other provision of law, 
                        each alien granted W-1 conditional nonimmigrant 
                        status or W-2 conditional nonimmigrant status 
                        shall submit, every 6 months, a report to the 
                        Secretary that contains the alien's name, the 
                        alien's current address, and sufficient 
                        documentary evidence to demonstrate that the 
                        alien is in compliance with the requirements of 
                        such status.
                    ``(B) Use of surcharge.--Notwithstanding any other 
                provision of law, including section 286, any surcharge 
                collected under this subsection shall be deposited as 
                offsetting receipts in the general fund of the Treasury 
                and shall not be available for obligation or 
                expenditure.
                    ``(C) Exclusive jurisdiction.--
                            ``(i) In general.--Except as provided under 
                        clause (ii), the Secretary shall have exclusive 
                        jurisdiction to determine eligibility for 
                        relief under section 101(a)(15)(W).
                            ``(ii) Exception.--If an alien has been 
                        placed into deportation, exclusion, or removal 
                        proceedings before or after filing an initial 
                        application for cancellation of removal and 
                        adjustment to conditional nonimmigrant status 
                        or adjustment of status under the ACHIEVE Act, 
                        the Attorney General shall have exclusive 
                        jurisdiction and shall assume all the powers 
                        and duties of the Secretary until proceedings 
                        are terminated, or a final order of 
                        deportation, exclusion, or removal is entered.
                            ``(iii) Resumption of jurisdiction.--Upon 
                        the termination of proceedings or if a final 
                        order of deportation, exclusion, or removal is 
                        initiated, the Secretary shall resume all 
                        powers and duties delegated to the Secretary 
                        with respect to such alien under this Act, the 
                        ACHIEVE Act, and other relevant Federal law.
            ``(3) W-1 conditional nonimmigrants.--
                    ``(A) Eligibility.--An alien is eligible for W-1 
                conditional nonimmigrant status if the alien meets the 
                requirements under section 101(a)(15)(W)(i) and this 
                paragraph.
                    ``(B) Cancellation of removal.--The Secretary shall 
                cancel the removal of an alien seeking W-1 conditional 
                nonimmigrant status and adjust the status of such alien 
                to that of a W-1 conditional nonimmigrant if the alien 
                submits to the Secretary a timely application for such 
                status that includes clear and convincing evidence that 
                the alien is eligible for such status.
                    ``(C) Submission of application.--An application 
                for W-1 conditional nonimmigrant status for an alien is 
                timely if such application is submitted to the 
                Secretary not later than--
                            ``(i) the date that is 1 year after the 
                        date of the enactment of this subsection; or
                            ``(ii) the date that is 1 year after the 
                        date on which the alien earned a high school 
                        diploma or obtained a general education 
                        development certificate in the United States if 
                        the alien is younger than 22 years of age on 
                        the date of the enactment of this subsection.
                    ``(D) Surcharge.--Each application for W-1 
                conditional nonimmigrant status shall be accompanied by 
                a surcharge in the amount of $525, which shall be in 
                addition to the otherwise applicable application fee 
                imposed for the purpose of recovering the full costs of 
                providing adjudication and processing services.
                    ``(E) Other requirements.--The Secretary may not 
                cancel the removal of an alien under subparagraph (B) 
                or grant W-1 conditional nonimmigrant status to the 
                alien unless the following conditions are met:
                            ``(i) Biometric data.--The alien submits 
                        biometric and biographic data, in accordance 
                        with procedures established by the Secretary. 
                        The Secretary shall provide an alternative 
                        procedure for applicants who are unable to 
                        provide such biometric or biographic data 
                        because of a physical impairment.
                            ``(ii) Background checks.--
                                    ``(I) Requirement for background 
                                checks.--The Secretary utilizes the 
                                biometric, biographic, and other data 
                                submitted by the alien, as requested by 
                                the Secretary--
                                            ``(aa) to conduct security 
                                        and law enforcement background 
                                        checks of the alien; and
                                            ``(bb) to determine if 
                                        there is any criminal, national 
                                        security, or other factor that 
                                        would render the alien 
                                        ineligible for such status.
                                    ``(II) Timing of checks.--The 
                                security and law enforcement background 
                                checks required under this clause are 
                                completed to the satisfaction of the 
                                Secretary.
                            ``(iii) Medical examination.--The alien 
                        undergoes a medical observation and examination 
                        in accordance with the policies and procedures 
                        established by the Secretary, with the 
                        concurrence of the Secretary of Health and 
                        Human Services.
                            ``(iv) Military selective service.--The 
                        alien has registered under the Military 
                        Selective Service Act (50 U.S.C. App. 451 et 
                        seq.), if the alien is subject to such 
                        registration under that Act.
                            ``(v) Citizenship requirement.--Except as 
                        provided in subclause (II), the alien 
                        demonstrates that the alien satisfies the 
                        requirements of section 312(a).
                            ``(vi) Continuous presence and initial 
                        entry.--The alien has maintained continuous 
                        physical presence in the United States for the 
                        5-year period immediately preceding the date of 
                        the enactment of the ACHIEVE Act, and the 
                        alien's initial date of entry was on or before 
                        the date that is 5 years before the date of the 
                        enactment of the ACHIEVE Act, which shall be 
                        determined as follows:
                                    ``(I) Burden of evidence.--The 
                                alien shall have the burden to 
                                establish the alien's continuous 
                                presence in the United States by clear 
                                and convincing evidence.
                                    ``(II) Acceptable forms of 
                                evidence.--The alien may submit types 
                                of independently verifiable documents 
                                as evidence of continuous physical 
                                presence in the United States, entry 
                                into the United States, or both. A 
                                single document listed under this 
                                subclause shall be insufficient to 
                                determine whether the applicant meets 
                                the burden described in subclause (I). 
                                The alien shall submit at least 2 forms 
                                of the documents listed under this 
                                subclause with the applicant's 
                                application, which, in the discretion 
                                of the Secretary, may still be 
                                insufficient to meet the burden 
                                described in subclause (I). The alien 
                                may meet such burden by submitting two 
                                or more of the following documents:
                                            ``(aa) An order of removal, 
                                        exclusion, or deportation 
                                        issued by an Immigration Judge 
                                        or the Board of Immigration 
                                        Appeals.
                                            ``(bb) An I-94 arrival-
                                        departure document.
                                            ``(cc) A valid, expired or 
                                        unexpired passport reflecting 
                                        the date of entry into the 
                                        United States.
                                            ``(dd) Certified school 
                                        records from a recognized 
                                        United States Primary or 
                                        Secondary School for 
                                        kindergarten through grade 12.
                                            ``(ee) Certified medical 
                                        records from a recognized 
                                        hospital or health care 
                                        provider in the United States.
                                            ``(ff) A sworn affidavit 
                                        from a citizen of the United 
                                        States attesting to the alien's 
                                        good moral character and the 
                                        length and intimacy of the 
                                        relationship between the alien 
                                        and the citizen. The citizen 
                                        signing the affidavit is 
                                        subject to the penalty of 
                                        perjury and if found guilty is 
                                        subject to a maximum of $10,000 
                                        fine, 5 years in prison, or 
                                        both.
                                    ``(III) Additional forms of 
                                evidence.--The Secretary may--
                                            ``(aa) designate additional 
                                        documents that may be submitted 
                                        as evidence of physical 
                                        presence or initial entry into 
                                        the United States according to 
                                        the requirements of 
                                        101(a)(15)(W)(i); and
                                            ``(bb) set such terms and 
                                        conditions on the use of such 
                                        documents as is necessary to 
                                        verify and confirm the identity 
                                        of the applicant and the 
                                        legitimacy of the document to 
                                        prevent fraudulent admissions.
                            ``(vii) Stay of removal.--
                                    ``(I) In general.--The Secretary 
                                may not remove any alien who--
                                            ``(aa) has a pending 
                                        application for W-1 
                                        nonimmigrant status; and
                                            ``(bb) establishes to the 
                                        Secretary, by a preponderance 
                                        of the evidence, that the alien 
                                        is eligible for such status.
                                    ``(II) Evidentiary standard.--An 
                                alien applying for W-1 nonimmigrant 
                                status has met the requirement for a 
                                stay of removal if his or her 
                                application for such status meets at 
                                least 2 of the 3 following evidentiary 
                                requirements:
                                            ``(aa) Certified school 
                                        records described in clause 
                                        (vi)(II)(dd).
                                            ``(bb) Certified medical 
                                        records described in clause 
                                        (vi)(II)(ee).
                                            ``(cc) A sworn affidavit 
                                        described in clause 
                                        (vi)(II)(ff).
                    ``(F) Calculation of continuous presence under w-1 
                conditional nonimmigrant status.--
                            ``(i) Termination of continuous period.--
                        For purposes of this section, any period of 
                        continuous residence or continuous physical 
                        presence in the United States of an alien who 
                        applies for cancellation of removal under 
                        subparagraph (B) shall not terminate when the 
                        alien is served a notice to appear under 
                        section 239(a).
                            ``(ii) Treatment of certain breaks in 
                        presence under w-1 status.--
                                    ``(I) In general.--Subject to 
                                subclauses (II) and (III), an alien 
                                shall be considered to have failed to 
                                maintain continuous physical presence 
                                and abandoned the alien's residence in 
                                the United States if the alien has 
                                departed from the United States for any 
                                period in excess of 90 days or for any 
                                aggregated period spent outside of the 
                                United States in excess of 180 days.
                                    ``(II) Extensions for exceptional 
                                circumstances.--The Secretary may 
                                extend the time periods described in 
                                subclause (I) if the alien demonstrates 
                                that the failure to timely return to 
                                the United States was due to 
                                exceptional circumstances. The 
                                exceptional circumstances determined 
                                sufficient to justify an extension 
                                should be no less compelling than 
                                serious illness of the alien, or death 
                                or serious illness of a parent, 
                                grandparent, sibling, or child. Such an 
                                extension may not exceed 60 days.
                                    ``(III) Exception for military 
                                service.--An alien who is absent from 
                                the United States due to active service 
                                in the Armed Forces has not abandoned 
                                the alien's residence in the United 
                                States during the period of such 
                                service and any such absence may not be 
                                counted in the determination of 
                                aggregate time spent outside of the 
                                United States for the purposes of 
                                determining the abandonment of the 
                                alien's residence.
                    ``(G) Period of status.--
                            ``(i) In general.--W-1 conditional 
                        nonimmigrant status shall be valid for a period 
                        of 6 years, subject to termination under 
                        subparagraph (H).
                            ``(ii) Prohibition on extension.--The 
                        Secretary may not renew or extend the 6-year 
                        period referred to in clause (i) for any alien.
                    ``(H) Termination of status.--
                            ``(i) In general.--The Secretary shall 
                        terminate the W-1 conditional nonimmigrant 
                        status of any alien if the Secretary determines 
                        that the alien--
                                    ``(I) ceases to meet the 
                                requirements of this section or of 
                                101(a)(15)(W)(i);
                                    ``(II) has become a public charge; 
                                or
                                    ``(III) has received a dishonorable 
                                discharge from the Armed Forces.
                            ``(ii) Return to previous immigration 
                        status.--Any alien whose W-1 conditional 
                        nonimmigrant status is terminated under clause 
                        (i)--
                                    ``(I) shall return to the 
                                immigration status the alien had 
                                immediately before receiving W-1 
                                conditional nonimmigrant status; and
                                    ``(II) shall be subject to 
                                immediate removal.
                    ``(I) Intending to enlist.--An alien does not meet 
                the intending to enlist requirement set forth in 
                section 101(a)(15)(W)(i)(IX)(aa) unless the alien 
                submits, to the Secretary of Homeland Security, a 
                document obtained from a branch of the Armed Forces 
                that contains--
                            ``(i) the alien's name and current address;
                            ``(ii) an attestation of the alien's intent 
                        to enlist; and
                            ``(iii) an attestation that the alien meets 
                        the applicable moral, medical, and mental 
                        standards for enlistment.''.
    (b) Regulations.--
            (1) Initial publication.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of Homeland 
        Security shall publish regulations to carry out paragraphs (2) 
        and (3) of subsection (s) of section 214 of the Immigration and 
        Nationality Act (8 U.S.C. 1184), as added by subsection (a).
            (2) Interim regulations.--Notwithstanding section 553 of 
        title 5, United States Code, the regulations required by 
        paragraph (1) shall be effective, on an interim basis, 
        immediately upon publication but may be subject to change and 
        revision after public notice and opportunity for a period of 
        public comment.
            (3) Final regulations.--Within a reasonable time after 
        publication of the interim regulations in accordance with this 
        subsection, the Secretary of Homeland Security shall publish 
        final regulations implementing this section.

SEC. 4. W-2 CONDITIONAL NONIMMIGRANT STATUS.

    Section 214(s) of the Immigration and Nationality Act (8 U.S.C. 
1184), as added by section 3, is amended by adding at the end the 
following:
            ``(4) W-2 conditional nonimmigrant status.--
                    ``(A) Eligibility.--
                            ``(i) In general.--An alien is eligible for 
                        W-2 conditional nonimmigrant status if the 
                        alien meets the requirements of clause (ii) of 
                        section 101(a)(15)(W) and this paragraph.
                            ``(ii) Prohibition on applications from 
                        other nonimmigrants.--Only an alien granted W-1 
                        conditional nonimmigrant status is eligible to 
                        apply for W-2 conditional nonimmigrants status.
                    ``(B) Change of status.--The Secretary shall change 
                the status of an alien granted W-1 conditional 
                nonimmigrant status to that of a W-2 conditional 
                nonimmigrant if the alien submits to the Secretary a 
                timely application for such status that includes clear 
                and convincing evidence that the alien is eligible for 
                such status.
                    ``(C) Submission of application.--An application 
                for W-2 conditional nonimmigrant status for an alien is 
                timely if such application is submitted to the 
                Secretary--
                            ``(i) not earlier than 1 year before the 
                        applicant's valid W-1 status expires; and
                            ``(ii) not later than the date on which the 
                        applicant's valid W-1 status expires.
                    ``(D) Surcharge.--Each application for W-2 
                conditional nonimmigrant status shall be accompanied by 
                a surcharge in the amount of $750, which shall be in 
                addition to the otherwise applicable application fee 
                imposed for the purpose of recovering the full costs of 
                providing adjudication and processing services.
                    ``(E) Other requirements.--The Secretary may not 
                cancel the removal of an alien under subparagraph (B) 
                or grant W-2 conditional nonimmigrant status to the 
                alien unless the following conditions are met:
                            ``(i) W-1 conditional nonimmigrant 
                        status.--Except as provided in clause (ii), the 
                        alien was granted W-1 conditional nonimmigrant 
                        status for a period of not less than 6 years 
                        and during such period the alien--
                                    ``(I) maintained compliance with 
                                section 101(a)(15)(W)(i) and the 
                                applicable requirements of this 
                                subsection, including the reporting 
                                requirement set out in paragraph (2); 
                                and
                                    ``(II) demonstrated good moral 
                                character.
                            ``(ii) Continuous presence.--The alien has 
                        maintained continuous physical presence in the 
                        United States during such period, as calculated 
                        under subparagraph (F).
                            ``(iii) Disability exception.--
                                    ``(I) In general.--The Secretary of 
                                Homeland Security may grant a hardship 
                                waiver to any alien who proves, by 
                                clear and convincing evidence, that--
                                            ``(aa) the alien became 
                                        afflicted with a disability (as 
                                        defined in section 3 of the 
                                        Americans with Disabilities Act 
                                        of 1990 (42 U.S.C. 12102)) 
                                        during the time in which the 
                                        alien was granted status under 
                                        section 101(a)(15)(W)(i); and
                                            ``(bb) such disability is 
                                        directly attributable to the 
                                        alien's inability to meet the 
                                        requirements under clause 
                                        (i)(I).
                                    ``(II) Notice.--The alien may not 
                                be granted a hardship waiver under this 
                                clause unless the alien provides notice 
                                of the alien's disability to United 
                                States Citizenship and Immigration 
                                Services not later than 120 days after 
                                the date on which the alien became 
                                afflicted with a disability.
                    ``(F) Calculation of continuous presence.--An alien 
                shall be considered to have failed to maintain 
                continuous physical presence in the United States while 
                in W-2 conditional nonimmigrant status if the alien has 
                departed from the United States for any period in 
                excess of 90 days or for any aggregated period spent 
                outside of the United States in excess of 120 days, 
                calculated as described in paragraph (3)(F).
                    ``(G) Period of status.--W-2 conditional 
                nonimmigrant status shall be valid for a period of 4 
                years, subject to termination under subparagraph (H).
                    ``(H) Termination of status.--
                            ``(i) In general.--The Secretary shall 
                        terminate the W-2 conditional nonimmigrant 
                        status of any alien if the Secretary determines 
                        that the alien--
                                    ``(I) ceases to meet the 
                                requirements of this section or of 
                                101(a)(15)(W)(ii);
                                    ``(II) has become a public charge; 
                                or
                                    ``(III) has received a dishonorable 
                                discharge from the Armed Forces.
                            ``(ii) Return to undocumented status.--Any 
                        alien whose W-2 conditional nonimmigrant status 
                        is terminated under clause (i) shall not have 
                        any lawful immigration status in the United 
                        States and shall be subject to immediate 
                        removal.
                    ``(I) Special rule for aliens discharged from the 
                military.--
                            ``(i) Honorable discharge.--An alien who 
                        has served 4 years in a branch of the Armed 
                        Forces and is honorably discharged from such 
                        service--
                                    ``(I) may not be required to apply 
                                for W-2 conditional nonimmigrant status 
                                or W-3 nonimmigrant status; and
                                    ``(II) during the 1-year period 
                                beginning on the date of such honorable 
                                discharge, may apply for lawful 
                                permanent resident status under a 
                                special process to be determined by the 
                                Secretary in regulations.
                            ``(ii) General discharge.--
                                    ``(I) Requirement for review.--An 
                                alien who is discharged from service in 
                                a branch of the Armed Services pursuant 
                                to a general discharge, which includes 
                                any discharge that is not an honorable 
                                discharge or a dishonorable discharge, 
                                may not remain in W-1 conditional 
                                nonimmigrant status or receive W-2 
                                conditional nonimmigrant status or W-3 
                                nonimmigrant status until the 
                                Secretary, in consultation with the 
                                Secretary of Defense, reviews the facts 
                                and circumstances of such discharge.
                                    ``(II) Disposition.--Based on the 
                                outcome of a review conducted under 
                                subclause (I), the Secretary shall, 
                                with respect to an alien, take one of 
                                the following actions:
                                            ``(aa) Terminate the 
                                        alien's status under 
                                        subparagraph (W) of section 
                                        101(a)(15).
                                            ``(bb) Permit the alien to 
                                        remain in status under such 
                                        subparagraph and continue to 
                                        apply for the next appropriate 
                                        subsequent status under such 
                                        subparagraph, pursuant to the 
                                        procedures set out in this 
                                        subsection.''.

SEC. 5. W-3 NONIMMIGRANT STATUS.

    (a) In General.--Section 214(s) of the Immigration and Nationality 
Act (8 U.S.C. 1184), as added by section 3 and amended by section 4, is 
further amended by adding at the end the following:
            ``(5) W-3 nonimmigrant status.--
                    ``(A) Eligibility.--
                            ``(i) In general.--An alien is eligible for 
                        W-3 nonimmigrant status if the alien meets the 
                        requirements of clause (iii) of section 
                        101(a)(15)(W) and this paragraph.
                            ``(ii) Prohibition on applications from 
                        other nonimmigrants.--Only an alien granted W-2 
                        conditional nonimmigrant status is eligible to 
                        apply for W-3 nonimmigrant status.
                    ``(B) Change of status.--The Secretary shall change 
                the status of such alien to that of a W-3 nonimmigrant 
                if the alien submits to the Secretary a timely 
                application for such status that includes clear and 
                convincing evidence that the alien is eligible for such 
                status.
                    ``(C) Submission of application.--An application 
                for W-3 nonimmigrant status for an alien is timely if 
                such application is submitted to the Secretary during 
                the 1-year period prior to the expiration of the 
                alien's W-2 conditional nonimmigrant status.
                    ``(D) Surcharge.--
                            ``(i) Initial application.--Each 
                        application for W-3 nonimmigrant status shall 
                        be accompanied by a surcharge in the amount of 
                        $2,000, which shall be in addition to the 
                        otherwise applicable application fee imposed 
                        for the purpose of recovering the full costs of 
                        providing adjudication and processing services.
                            ``(ii) Renewals.--Any application for 
                        renewal of W-3 nonimmigrant status after the 
                        initial grant of such status shall be 
                        accompanied by a $525 surcharge.
                    ``(E) Other requirements.--The Secretary may not 
                cancel the removal of an alien under subparagraph (B) 
                or grant W-3 nonimmigrant status to the alien unless 
                the following conditions are met:
                            ``(i) W-2 conditional nonimmigrant 
                        status.--The alien was granted W-2 conditional 
                        nonimmigrant status for a period of not less 
                        than 4 years and during such period the alien--
                                    ``(I) maintained compliance with 
                                section 101(a)(15)(W)(ii) and the 
                                applicable requirements of this 
                                subsection, including the reporting 
                                requirement set out in paragraph (2); 
                                and
                                    ``(II) demonstrated good moral 
                                character.
                            ``(ii) Disability exception.--
                                    ``(I) In general.--The Secretary of 
                                Homeland Security may grant a hardship 
                                waiver to any alien who proves, by 
                                clear and convincing evidence, that--
                                            ``(aa) the alien became 
                                        afflicted with a disability (as 
                                        defined in section 3 of the 
                                        Americans with Disabilities Act 
                                        of 1990 (42 U.S.C. 12102)) 
                                        during the time in which the 
                                        alien was granted status under 
                                        clause (i) or (ii) of section 
                                        101(a)(15)(W); and
                                            ``(bb) such disability is 
                                        directly attributable to the 
                                        alien's inability to meet the 
                                        requirements under clause 
                                        (i)(I).
                                    ``(II) Notice.--The alien may not 
                                be granted a hardship waiver under this 
                                clause unless the alien provides notice 
                                of the alien's disability to United 
                                States Citizenship and Immigration 
                                Services not later than 120 days after 
                                the date on which the alien became 
                                afflicted with a disability.
                            ``(iii) Updated biometric and biographic 
                        data.--The alien submits biometric and 
                        biographic data, in accordance with procedures 
                        established by the Secretary. The Secretary 
                        shall provide an alternative procedure for 
                        applicants who are unable to provide such 
                        biometric or biographic data because of a 
                        physical impairment.
                            ``(iv) Updated background checks.--The 
                        alien completes, to the satisfaction of the 
                        Secretary, new security and law enforcement 
                        background checks, as described in paragraph 
                        (3)(E)(ii).
                            ``(v) Payment of federal taxes.--
                                    ``(I) In general.--The alien shall 
                                satisfy any applicable Federal tax 
                                liability due and owing on the date the 
                                alien applies for W-3 nonimmigrant 
                                status.
                                    ``(II) Applicable federal tax 
                                liability.--For purposes of subclause 
                                (I), the term `applicable Federal tax 
                                liability' means liability for Federal 
                                taxes imposed under the Internal 
                                Revenue Code of 1986, including any 
                                penalties and interest thereon.
                            ``(vi) Continuous presence.--The alien has 
                        maintained continuous physical presence in the 
                        United States during such period, as calculated 
                        under subparagraph (F).
                    ``(F) Calculation of continuous presence.--An alien 
                shall be considered to have failed to maintain 
                continuous physical presence in the United States while 
                in W-1 or W-2 conditional nonimmigrant status if the 
                alien has departed from the United States for any 
                period in excess of 90 days or for any aggregated 
                period spent outside of the United States in excess 180 
                days while present in the United States in W-1 
                conditional nonimmigrant status or for any aggregate 
                period over 120 days while in W-2 conditional 
                nonimmigrant status, calculated as described in 
                paragraph (3)(F).
                    ``(G) Period of status.--
                            ``(i) In general.--W-3 conditional 
                        nonimmigrant status shall be valid for an 
                        initial period of 5 years, subject to 
                        termination under subparagraph (H).
                            ``(ii) Renewal.--The Secretary may renew 
                        the 4-year period referred to in clause (i) for 
                        an unlimited number of 4-year periods.
                    ``(H) Termination of status.--
                            ``(i) In general.--The Secretary shall 
                        terminate the W-3 nonimmigrant status of any 
                        alien if the Secretary determines that the 
                        alien--
                                    ``(I) ceases to meet the 
                                requirements of this section or of 
                                101(a)(15)(W)(iii);
                                    ``(II) has become a public charge; 
                                or
                                    ``(III) has received a dishonorable 
                                discharge from the Armed Forces.
                            ``(ii) Return to undocumented status.--Any 
                        alien whose W-3 nonimmigrant status is 
                        terminated under clause (i) shall not have 
                        lawful immigration status in the United States.
                    ``(I) Change of status.--Nothing in this section or 
                in any other provision of law, may prevent an alien 
                granted W-3 nonimmigrant status from using any other 
                lawful measures under this Act to change or adjust to 
                another lawful nonimmigrant or immigrant status 
                provided for in this Act.''.
    (b) Dual Intent.--Section 214(b) of the Immigration and Nationality 
Act (8 U.S.C. 1184(b)) is amended by striking ``(L) or (V) of section 
101(a)(15)'' and inserting, ``(L), (V), or (W)''.

SEC. 6. PENALTIES FOR FALSE STATEMENTS.

    (a) Criminal Penalty.--Chapter 75 of title 18, United States Code, 
is amended--
            (1) by redesignating section 1547 as section 1548;
            (2) by inserting after section 1546 the following:
``Sec. 1547. Fraud and misuse of the ACHIEVE Act
    ``Any person who files an application for any benefit under the 
ACHIEVE Act, or an amendment made by such Act, and willfully and 
knowingly engages in fraud by falsifying, misrepresenting, concealing, 
or in any way failing to disclose a material fact or makes any false or 
fraudulent statement or representation, or makes or uses any false 
writing or document knowing the same to contain any false or fraudulent 
statement or entry--
            ``(1) shall be fined under this title, imprisoned not more 
        than 5 years, or both;
            ``(2) shall be placed into the immigration status that the 
        person had before the person's initial application for relief 
        under section 101(a)(15)(W) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(W)); and
            ``(3) shall be subject to immediate removal proceedings, in 
        which the information that the person provided to the Secretary 
        of Homeland Security during the person's application process 
        may be used.''; and
            (3) in the chapter analysis, by striking the item relating 
        to section 1547 and inserting the following:

``1547. Fraud and misuse of the ACHIEVE Act.
``1548. Alternative imprisonment maximum for certain offenses.''.
    (b) Definition of Aggravated Felony.--Section 101(a)(43) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
            (1) in subparagraph (T), by striking ``and'' at the end;
            (2) by redesignating subparagraph (U) as subparagraph (V); 
        and
            (3) by inserting after subparagraph (T) the following:
                    ``(U) an offense described in section 1547 of title 
                18, United States Code; and''.

SEC. 7. CONFIDENTIALITY OF APPLICANT INFORMATION.

    Section 214(s)(2) of the Immigration and Nationality Act, as added 
by section 3(a), is amended by adding at the end the following:
                    ``(D) Prohibitions on information usage.--Except as 
                provided in subparagraphs (E) and (G), section 1547 of 
                title 18, United States Code, and any provision of law 
                that authorizes the use of applicant information 
                collected under this subsection, no officer or employee 
                of the United States may--
                            ``(i) use the information furnished by an 
                        individual pursuant to an application for 
                        nonimmigrant status under section 101(a)(15)(W) 
                        to initiate removal proceedings against the 
                        applicant or the applicant's immediate family 
                        members;
                            ``(ii) make any publication in which the 
                        information furnished by any particular 
                        individual pursuant to an application for 
                        nonimmigrant status under section 101(a)(15)(W) 
                        can be identified; or
                            ``(iii) permit anyone other than an officer 
                        or employee of the United States Government or, 
                        in the case of an application filed with a 
                        designated entity, that designated entity, to 
                        examine such application.
                    ``(E) Required disclosure.--The Attorney General or 
                the Secretary shall provide the information furnished 
                under this subsection, and any other information 
                derived from such furnished information, to--
                            ``(i) a Federal, State, tribal, or local 
                        law enforcement agency, intelligence agency, 
                        national security agency, directorate of the 
                        Department of Homeland Security, court, or 
                        grand jury in connection with a criminal 
                        investigation or prosecution, a background 
                        check conducted pursuant to the Brady Handgun 
                        Violence Protection Act (Public Law 103-59; 107 
                        Stat. 1536), or for homeland security or 
                        national security purposes, if such information 
                        is requested by such entity or consistent with 
                        an information sharing agreement or mechanism; 
                        or
                            ``(ii) an official coroner for purposes of 
                        affirmatively identifying a deceased individual 
                        (whether or not such individual is deceased as 
                        a result of a crime).
                    ``(F) Penalty.--Any person who knowingly uses, 
                publishes, or permits information to be examined in 
                violation of this section shall be fined not more than 
                $10,000, imprisoned not more than 5 years, or both.
                    ``(G) Obtaining information by other means.--
                Notwithstanding subparagraph (D), nothing in this 
                subsection may be construed to limit the authority of 
                Federal, State, or local law enforcement authorities to 
                obtain information that was included by an applicant in 
                their application by any other lawful, independent 
                means otherwise authorized under Federal, State, or 
                local law.''.

SEC. 8. MILITARY ENLISTMENT.

    Section 504(b)(1) of title 10, United States Code, is amended by 
adding at the end the following:
                    ``(D) An alien who qualifies as a nonimmigrant (as 
                defined in section 101(a)(15)(W) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(W))).''.
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