II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Assisting Children and 

5 Helping them Improve their Educational Value for Em6 ployment Act’’ or the ‘‘ACHIEVE Act’’. 


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1 SEC. 2. CONDITIONAL NONIMMIGRANT STATUS FOR CER2 TAIN ALIENS WHO ENTERED THE UNITED 

3 STATES AS CHILDREN. 

4 Section 101(a)(15) of the Immigration and Nation5 ality Act (8 U.S.C. 1101(a)(15)) is amended— 

6 (1) in subparagraph (T)(iii), by striking the pe7 riod at the end and inserting a semicolon; 

8 (2) in subparagraph (U)(iii), by striking ‘‘or’’ 

9 at the end; 

10 (3) in subparagraph (V)(ii)(II), by striking the 

11 period at the end and inserting a semicolon; and 

12 (4) by adding at the end the following: 

13 ‘‘(W)(i) an alien whose nonimmigrant sta14 tus in the United States is on a conditional 

15 basis pursuant to this clause and section 214(s) 

16 and the alien has shown with clear and con17 vincing evidence that the alien— 

18 ‘‘(I) was younger than 14 years of age 

19 on the date on which the alien initially en20 tered the United States; 

21 ‘‘(II) has maintained a continuous 

22 physical presence in the United States dur23 ing the 5-year period immediately pre24 ceding the date of the enactment of the 

25 ACHIEVE Act; 


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1 ‘‘(III) initially entered the United 

2 States on a date that was prior to the date 

3 that was 5 years prior to the date of the 

4 enactment of the ACHIEVE Act; 

5 ‘‘(IV) has been a person of good 

6 moral character since the date on which 

7 the alien initially entered the United 

8 States; 

9 ‘‘(V) is not inadmissible under para10 graph (1), (2), (3), (4), (5), (6)(B), (6)(C), 

11 (6)(E), (6)(F), (6)(G), (8), (9)(A), or (10) 

12 of section 212(a); 

13 ‘‘(VI) is not deportable under para14 graph (1)(E), (1)(G), (2), (3)(B), (3)(C), 

15 (3)(D), (4), (5), or (6) of section 237(a); 

16 ‘‘(VII) has not been convicted of a fel17 ony, any offense that may be described as 

18 a crime of moral turpitude under this Act, 

19 or a misdemeanor under Federal or State 

20 law, punishable by imprisonment for more 

21 than 30 days, unless such misdemeanor is 

22 the result of a traffic violation that does 

23 not involve the applicant being under the 

24 influence of alcohol or any substance listed 


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1 in Schedule I of the Controlled Substances 

2 Act (Public Law 91–513); 

3 ‘‘(VIII) has not ordered, incited, as4 sisted, or otherwise participated in the per5 secution of any person on account of race, 

6 religion, nationality, membership in a par7 ticular social group, or political opinion; 

8 ‘‘(IX) has earned a high school di9 ploma from a high school physically located 

10 in the United States or obtained a general 

11 education development certificate in the 

12 United States and— 

13 ‘‘(aa) is enlisted, or is intending 

14 to enlist (as documented in accord15 ance with section 214(s)(3)(I)), in one 

16 of the branches of the Armed Forces 

17 (which has the meaning given the 

18 term ‘armed forces’ in section 101(a) 

19 of title 10, United States Code); 

20 ‘‘(bb) is admitted as a student to 

21 an institution of higher education (as 

22 defined in section 101(a) of the High23 er Education Act of 1965), which is 

24 physically located in the United 

25 States; 


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1 ‘‘(cc) has earned a bachelor’s de2 gree or an associate’s degree from an 

3 institution of higher education; or 

4 ‘‘(dd) has served for a period of 

5 at least 4 years in one of the branches 

6 of the Armed Forces and was not dis7 honorably discharged; 

8 ‘‘(X) has never been under a final ad9 ministrative or judicial order of exclusion, 

10 deportation, or removal, unless the alien— 

11 ‘‘(aa) remained in the United 

12 States under the color of law after the 

13 order was issued; or 

14 ‘‘(bb) received the order before 

15 reaching 16 years of age; and 

16 ‘‘(XI)(aa) was younger than 29 years 

17 of age on the date of the enactment of the 

18 ACHIEVE Act; or 

19 ‘‘(bb) in the case of an alien who had 

20 earned a bachelor’s degree or an associ21 ate’s degree prior to such date of enact22 ment from an institution of higher edu23 cation, was younger than 32 years of age 

24 on such date of enactment; 


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1 ‘‘(ii) an alien whose nonimmigrant status 

2 in the United States is on a conditional basis 

3 pursuant to this clause and section 214(s) and 

4 has shown with clear and convincing evidence 

5 that the alien— 

6 ‘‘(I) was a conditional nonimmigrant 

7 described in clause (i) for a period of not 

8 less than 6 years and during such period— 

9 ‘‘(aa) has not violated any of the 

10 requirements of clause (i); 

11 ‘‘(bb) has not become a public 

12 charge; and 

13 ‘‘(cc) has not abandoned the 

14 alien’s residence in the United States; 

15 ‘‘(II) before or during such period of 

16 conditional nonimmigrant status— 

17 ‘‘(aa) obtained a bachelor’s de18 gree from an institution of higher 

19 education and, if such degree was ob20 tained before the alien was granted 

21 such status, was employed in the 

22 United States for a period of not less 

23 than 4 years; 

24 ‘‘(bb) served at least 4 years in 

25 one of the branches of the Armed 


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1 Forces and, if discharged from the 

2 military, was not discharged dishonor3 ably; or 

4 ‘‘(cc) obtained an associate’s de5 gree from an institution of higher 

6 education, or a substantially equiva7 lent degree from a technical or voca8 tional school that is accredited by the 

9 Accrediting Commission of Career 

10 Schools and Colleges, and was em11 ployed in the United States for a pe12 riod of not less than 30 months; and 

13 ‘‘(III)(aa) has an offer of employment 

14 in the United States; 

15 ‘‘(bb) is employed in the United 

16 States; or 

17 ‘‘(cc) is pursuing a graduate degree at 

18 an institution of higher education; or 

19 ‘‘(iii) an alien who has shown with clear 

20 and convincing evidence that the alien— 

21 ‘‘(I) was a conditional nonimmigrant 

22 under clause (i) for a period of not less 

23 than 6 years and had conditional non24 immigrant status under clause (ii) for a 


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1 period of not less than 4 years and during 

2 both such periods— 

3 ‘‘(aa) was in compliance with all 

4 requirements for such status during 

5 such periods; 

6 ‘‘(bb) did not become a public 

7 charge; and 

8 ‘‘(cc) did not abandon the alien’s 

9 residence in the United States; and 

10 ‘‘(II) while in such status pursuant to 

11 clause (ii)— 

12 ‘‘(aa) was employed in the 

13 United States for a period of 36 

14 months; or 

15 ‘‘(bb) was enrolled in a graduate 

16 degree program at an institution of 

17 higher education, or obtained a grad18 uate degree from an institution of 

19 higher education.’’. 

20 SEC. 3. ADMISSION AND CANCELLATION OF REMOVAL OF W 

21 CONDITIONAL NONIMMIGRANTS. 

22 (a) PROCESS FOR CANCELLATION OF REMOVAL AND

23 ADJUSTMENT TO W–1 CONDITIONAL NONIMMIGRANT

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1 ality Act (8 U.S.C. 1184) is amended by adding at the 

2 end the following: 

3 ‘‘(s) W CONDITIONAL NONIMMIGRANT STATUS.— 

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

5 ‘‘(A) ARMED FORCES.—The term ‘Armed 

6 Forces’ has the meaning given the term ‘armed 

7 forces’ in section 101(a) of title 10, United 

8 States Code. 

9 ‘‘(B) INSTITUTION OF HIGHER EDU10 CATION.—The term ‘institution of higher edu11 cation’ has the meaning given such term in sec12 tion 101(a) of the Higher Education Act of 

13 1965 (20 U.S.C. 1002), except that the term 

14 does not include an institution of higher edu15 cation outside the United States. 

16 ‘‘(C) SECRETARY.—Except as otherwise 

17 specifically provided, the term ‘Secretary’ 

18 means the Secretary of Homeland Security. 

19 ‘‘(D) W–1 CONDITIONAL NON20 IMMIGRANT.—The term ‘W–1 conditional non21 immigrant’ means an alien granted non22 immigrant status pursuant to clause (i) of sec23 tion 101(a)(15)(W) and in compliance with this 

24 subsection. 


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1 ‘‘(E) W–2 CONDITIONAL NON2 IMMIGRANT.—The term ‘W–2 conditional non3 immigrant’ means an alien granted non4 immigrant status pursuant to clause (ii) of sec5 tion 101(a)(15)(W) and in compliance with this 

6 subsection. 

7 ‘‘(F) W–3 NONIMMIGRANT.—The term 

8 ‘W–3 nonimmigrant’ means an alien granted 

9 nonimmigrant status pursuant to clause (iii) of 

10 section 101(a)(15)(W) and in compliance with 

11 this subsection. 

12 ‘‘(2) GENERAL CONDITIONS.— 

13 ‘‘(A) IN GENERAL.—An alien applying for 

14 or granted W–1 conditional nonimmigrant sta15 tus, W–2 conditional nonimmigrant status, or 

16 W–3 nonimmigrant status shall be subject to 

17 the following general conditions: 

18 ‘‘(i) STATUS BENEFIT SOLELY FOR

19 ALIEN.—Any nonimmigrant status de20 scribed in section 101(a)(15)(W) is solely 

21 for the benefit of the alien on whom it is 

22 conferred. No dependents, lineal ascen23 dants, or collateral ascendants of the alien 

24 on whom such status is conferred may ob25 tain any immigration benefit as a result of 


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1 such conferral of status while the principal 

2 alien remains in any such nonimmigrant 

3 status. 

4 ‘‘(ii) PROHIBITION ON STATUS BEN5 EFIT FOR CULPABLE FAMILY MEMBER.— 

6 Any relative of an alien granted non7 immigrant status described in section 

8 101(a)(15)(W) who assisted the alien’s un9 lawful entry or unlawful presence into the 

10 United States is prohibited from benefit11 ting from such alien’s status while the 

12 principal alien remains in such non13 immigrant status. 

14 ‘‘(iii) STATUS DURING PENDENCY OF

15 APPLICATION.—An alien shall be deemed 

16 to be in the conditional nonimmigrant or 

17 nonimmigrant status applied for during 

18 the period in which the alien’s application 

19 for such status is pending. Time spent 

20 during the pendency of the application 

21 process shall not count against the alien 

22 for the purpose of calculating the duration 

23 of the alien’s valid status under any of the 

24 categories set forth in section 

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1 tion for such status is pending, the alien 

2 may not receive any of the benefits de3 scribed in clauses (iv) and (v). 

4 ‘‘(iv) EMPLOYMENT.—An alien grant5 ed such status shall be authorized to be 

6 employed in the United States incident to 

7 such status. If the alien is a student de8 scribed in clause (i) or (ii) of section 

9 101(a)(15)(W), the alien’s employment 

10 shall be authorized by the Secretary if the 

11 alien provides proof to the Secretary that 

12 the alien is enrolled in at least 6 credit 

13 hours at an institution of higher learning 

14 (as defined under section 101(a) of the 

15 Higher Education Act of 1965 (20 U.S.C. 

16 1001(a)). 

17 ‘‘(v) TRAVEL.—An alien granted such 

18 status may travel outside the United 

19 States and may be admitted (if otherwise 

20 admissible) upon return to the United 

21 States if— 

22 ‘‘(I) the alien is the bearer of a 

23 valid, unexpired nonimmigrant visa 

24 document referred to in clause (vii); 

25 and 


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1 ‘‘(II) the alien’s absence from the 

2 United States is not for any period 

3 longer than 90 days in duration. 

4 ‘‘(vi) EVIDENCE OF STATUS.—The 

5 Secretary of State shall issue to each alien 

6 granted any such status a highly tamper7 resistant document that— 

8 ‘‘(I) provides evidence of the 

9 alien’s valid nonimmigrant visa status, 

10 the alien’s lawful presence in the 

11 United States, and the alien’s author12 ization for employment in the United 

13 States; 

14 ‘‘(II) contains the alien’s bio15 graphic and biometric information; 

16 and 

17 ‘‘(III) contains a unique water18 mark and other uniquely designed 

19 physical security features, which are 

20 to be determined by the Secretary, to 

21 prevent the tampering, counterfeiting, 

22 and unauthorized duplication of such 

23 document. 

24 ‘‘(vii) NO FOREIGN RESIDENCE.—An 

25 alien granted such status is not required to 


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1 have a foreign residence which the alien 

2 has no intention of abandoning. 

3 ‘‘(viii) PROHIBITION ON BENEFITS.— 

4 An alien granted such status— 

5 ‘‘(I) is not eligible for any Fed6 eral means-tested public welfare bene7 fits; 

8 ‘‘(II) is not eligible for any Fed9 eral student loans, Federal work-study 

10 programs, or any other services or 

11 benefits provided under title IV of the 

12 Higher Education Act of 1965 (20 

13 U.S.C. 1070 et seq.); and 

14 ‘‘(III) is not considered to be 

15 lawfully present in the United States 

16 for purposes of— 

17 ‘‘(aa) section 36B of the In18 ternal Revenue Code of 1986; or 

19 ‘‘(bb) section 1402 of the 

20 Patient Protection and Afford21 able Care Act (42 U.S.C. 18071). 

22 ‘‘(ix) CHANGE OF STATUS.— 

23 ‘‘(I) W–1 CONDITIONAL NON24 IMMIGRANT.—Notwithstanding any 

25 other provision of law, an alien may 


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1 not change or adjust from W–1 condi2 tional nonimmigrant status to any 

3 other legal status except for W–2 con4 ditional nonimmigrant status. 

5 ‘‘(II) W–2 CONDITIONAL NON6 IMMIGRANT.—Notwithstanding any 

7 other provision of law, an alien may 

8 not change or adjust from W–2 condi9 tional nonimmigrant status to any 

10 other legal status except for W–3 non11 immigrant status. 

12 ‘‘(x) REPORTING REQUIREMENT.— 

13 Notwithstanding any other provision of 

14 law, each alien granted W–1 conditional 

15 nonimmigrant status or W–2 conditional 

16 nonimmigrant status shall submit, every 6 

17 months, a report to the Secretary that con18 tains the alien’s name, the alien’s current 

19 address, and sufficient documentary evi20 dence to demonstrate that the alien is in 

21 compliance with the requirements of such 

22 status. 

23 ‘‘(B) USE OF SURCHARGE.—Notwith24 standing any other provision of law, including 

25 section 286, any surcharge collected under this 


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1 subsection shall be deposited as offsetting re2 ceipts in the general fund of the Treasury and 

3 shall not be available for obligation or expendi4 ture. 

5 ‘‘(C) EXCLUSIVE JURISDICTION.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided under clause (ii), the Secretary shall 

8 have exclusive jurisdiction to determine eli9 gibility for relief under section 

10 101(a)(15)(W). 

11 ‘‘(ii) EXCEPTION.—If an alien has 

12 been placed into deportation, exclusion, or 

13 removal proceedings before or after filing 

14 an initial application for cancellation of re15 moval and adjustment to conditional non16 immigrant status or adjustment of status 

17 under the ACHIEVE Act, the Attorney 

18 General shall have exclusive jurisdiction 

19 and shall assume all the powers and duties 

20 of the Secretary until proceedings are ter21 minated, or a final order of deportation, 

22 exclusion, or removal is entered. 

23 ‘‘(iii) RESUMPTION OF JURISDIC24 TION.—Upon the termination of pro25 ceedings or if a final order of deportation, 


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1 exclusion, or removal is initiated, the Sec2 retary shall resume all powers and duties 

3 delegated to the Secretary with respect to 

4 such alien under this Act, the ACHIEVE 

5 Act, and other relevant Federal law. 

6 ‘‘(3) W–1 CONDITIONAL NONIMMIGRANTS.— 

7 ‘‘(A) ELIGIBILITY.—An alien is eligible for 

8 W–1 conditional nonimmigrant status if the 

9 alien meets the requirements under section 

10 101(a)(15)(W)(i) and this paragraph. 

11 ‘‘(B) CANCELLATION OF REMOVAL.—The 

12 Secretary shall cancel the removal of an alien 

13 seeking W–1 conditional nonimmigrant status 

14 and adjust the status of such alien to that of 

15 a W–1 conditional nonimmigrant if the alien 

16 submits to the Secretary a timely application 

17 for such status that includes clear and con18 vincing evidence that the alien is eligible for 

19 such status. 

20 ‘‘(C) SUBMISSION OF APPLICATION.—An 

21 application for W–1 conditional nonimmigrant 

22 status for an alien is timely if such application 

23 is submitted to the Secretary not later than— 

24 ‘‘(i) the date that is 1 year after the 

25 date of the enactment of this subsection; or 


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1 ‘‘(ii) the date that is 1 year after the 

2 date on which the alien earned a high 

3 school diploma or obtained a general edu4 cation development certificate in the 

5 United States if the alien is younger than 

6 22 years of age on the date of the enact7 ment of this subsection. 

8 ‘‘(D) SURCHARGE.—Each application for 

9 W–1 conditional nonimmigrant status shall be 

10 accompanied by a surcharge in the amount of 

11 $525, which shall be in addition to the other12 wise applicable application fee imposed for the 

13 purpose of recovering the full costs of providing 

14 adjudication and processing services. 

15 ‘‘(E) OTHER REQUIREMENTS.—The Sec16 retary may not cancel the removal of an alien 

17 under subparagraph (B) or grant W–1 condi18 tional nonimmigrant status to the alien unless 

19 the following conditions are met: 

20 ‘‘(i) BIOMETRIC DATA.—The alien 

21 submits biometric and biographic data, in 

22 accordance with procedures established by 

23 the Secretary. The Secretary shall provide 

24 an alternative procedure for applicants who 

25 are unable to provide such biometric or 


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1 biographic data because of a physical im2 pairment. 

3 ‘‘(ii) BACKGROUND CHECKS.— 

4 ‘‘(I) REQUIREMENT FOR BACK5 GROUND CHECKS.—The Secretary uti6 lizes the biometric, biographic, and 

7 other data submitted by the alien, as 

8 requested by the Secretary— 

9 ‘‘(aa) to conduct security 

10 and law enforcement background 

11 checks of the alien; and 

12 ‘‘(bb) to determine if there 

13 is any criminal, national security, 

14 or other factor that would render 

15 the alien ineligible for such sta16 tus. 

17 ‘‘(II) TIMING OF CHECKS.—The 

18 security and law enforcement back19 ground checks required under this 

20 clause are completed to the satisfac21 tion of the Secretary. 

22 ‘‘(iii) MEDICAL EXAMINATION.—The 

23 alien undergoes a medical observation and 

24 examination in accordance with the policies 

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1 retary, with the concurrence of the Sec2 retary of Health and Human Services. 

3 ‘‘(iv) MILITARY SELECTIVE SERV4 ICE.—The alien has registered under the 

5 Military Selective Service Act (50 U.S.C. 

6 App. 451 et seq.), if the alien is subject to 

7 such registration under that Act. 

8 ‘‘(v) CITIZENSHIP REQUIREMENT.— 

9 Except as provided in subclause (II), the 

10 alien demonstrates that the alien satisfies 

11 the requirements of section 312(a). 

12 ‘‘(vi) CONTINUOUS PRESENCE AND

13 INITIAL ENTRY.—The alien has maintained 

14 continuous physical presence in the United 

15 States for the 5-year period immediately 

16 preceding the date of the enactment of the 

17 ACHIEVE Act, and the alien’s initial date 

18 of entry was on or before the date that is 

19 5 years before the date of the enactment of 

20 the ACHIEVE Act, which shall be deter21 mined as follows: 

22 ‘‘(I) BURDEN OF EVIDENCE.— 

23 The alien shall have the burden to es24 tablish the alien’s continuous presence 


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1 in the United States by clear and con2 vincing evidence. 

3 ‘‘(II) ACCEPTABLE FORMS OF

4 EVIDENCE.—The alien may submit 

5 types of independently verifiable docu6 ments as evidence of continuous phys7 ical presence in the United States, 

8 entry into the United States, or both. 

9 A single document listed under this 

10 subclause shall be insufficient to de11 termine whether the applicant meets 

12 the burden described in subclause (I). 

13 The alien shall submit at least 2 

14 forms of the documents listed under 

15 this subclause with the applicant’s ap16 plication, which, in the discretion of 

17 the Secretary, may still be insufficient 

18 to meet the burden described in sub19 clause (I). The alien may meet such 

20 burden by submitting two or more of 

21 the following documents: 

22 ‘‘(aa) An order of removal, 

23 exclusion, or deportation issued 

24 by an Immigration Judge or the 

25 Board of Immigration Appeals. 


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1 ‘‘(bb) An I–94 arrival-depar2 ture document. 

3 ‘‘(cc) A valid, expired or un4 expired passport reflecting the 

5 date of entry into the United 

6 States. 

7 ‘‘(dd) Certified school 

8 records from a recognized United 

9 States Primary or Secondary 

10 School for kindergarten through 

11 grade 12. 

12 ‘‘(ee) Certified medical 

13 records from a recognized hos14 pital or health care provider in 

15 the United States. 

16 ‘‘(ff) A sworn affidavit from 

17 a citizen of the United States at18 testing to the alien’s good moral 

19 character and the length and in20 timacy of the relationship be21 tween the alien and the citizen. 

22 The citizen signing the affidavit 

23 is subject to the penalty of per24 jury and if found guilty is subject 


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1 to a maximum of $10,000 fine, 5 

2 years in prison, or both. 

3 ‘‘(III) ADDITIONAL FORMS OF

4 EVIDENCE.—The Secretary may— 

5 ‘‘(aa) designate additional 

6 documents that may be sub7 mitted as evidence of physical 

8 presence or initial entry into the 

9 United States according to the 

10 requirements of 

11 101(a)(15)(W)(i); and 

12 ‘‘(bb) set such terms and 

13 conditions on the use of such 

14 documents as is necessary to 

15 verify and confirm the identity of 

16 the applicant and the legitimacy 

17 of the document to prevent 

18 fraudulent admissions. 

19 ‘‘(vii) STAY OF REMOVAL.— 

20 ‘‘(I) IN GENERAL.—The Sec21 retary may not remove any alien 

22 who— 

23 ‘‘(aa) has a pending applica24 tion for W–1 nonimmigrant sta25 tus; and 


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1 ‘‘(bb) establishes to the Sec2 retary, by a preponderance of the 

3 evidence, that the alien is eligible 

4 for such status. 

5 ‘‘(II) EVIDENTIARY STAND6 ARD.—An alien applying for W–1 

7 nonimmigrant status has met the re8 quirement for a stay of removal if his 

9 or her application for such status 

10 meets at least 2 of the 3 following evi11 dentiary requirements: 

12 ‘‘(aa) Certified school 

13 records described in clause 

14 (vi)(II)(dd). 

15 ‘‘(bb) Certified medical 

16 records described in clause 

17 (vi)(II)(ee). 

18 ‘‘(cc) A sworn affidavit de19 scribed in clause (vi)(II)(ff). 

20 ‘‘(F) CALCULATION OF CONTINUOUS PRES21 ENCE UNDER W–1 CONDITIONAL NON22 IMMIGRANT STATUS.— 

23 ‘‘(i) TERMINATION OF CONTINUOUS

24 PERIOD.—For purposes of this section, any 

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1 uous physical presence in the United 

2 States of an alien who applies for cancella3 tion of removal under subparagraph (B) 

4 shall not terminate when the alien is 

5 served a notice to appear under section 

6 239(a). 

7 ‘‘(ii) TREATMENT OF CERTAIN

8 BREAKS IN PRESENCE UNDER W–1 STA9 TUS.— 

10 ‘‘(I) IN GENERAL.—Subject to 

11 subclauses (II) and (III), an alien 

12 shall be considered to have failed to 

13 maintain continuous physical presence 

14 and abandoned the alien’s residence in 

15 the United States if the alien has de16 parted from the United States for any 

17 period in excess of 90 days or for any 

18 aggregated period spent outside of the 

19 United States in excess of 180 days. 

20 ‘‘(II) EXTENSIONS FOR EXCEP21 TIONAL CIRCUMSTANCES.—The Sec22 retary may extend the time periods 

23 described in subclause (I) if the alien 

24 demonstrates that the failure to time25 ly return to the United States was 


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1 due to exceptional circumstances. The 

2 exceptional circumstances determined 

3 sufficient to justify an extension 

4 should be no less compelling than seri5 ous illness of the alien, or death or se6 rious illness of a parent, grandparent, 

7 sibling, or child. Such an extension 

8 may not exceed 60 days. 

9 ‘‘(III) EXCEPTION FOR MILITARY

10 SERVICE.—An alien who is absent 

11 from the United States due to active 

12 service in the Armed Forces has not 

13 abandoned the alien’s residence in the 

14 United States during the period of 

15 such service and any such absence 

16 may not be counted in the determina17 tion of aggregate time spent outside 

18 of the United States for the purposes 

19 of determining the abandonment of 

20 the alien’s residence. 

21 ‘‘(G) PERIOD OF STATUS.— 

22 ‘‘(i) IN GENERAL.—W–1 conditional 

23 nonimmigrant status shall be valid for a 

24 period of 6 years, subject to termination 

25 under subparagraph (H). 


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1 ‘‘(ii) PROHIBITION ON EXTENSION.— 

2 The Secretary may not renew or extend 

3 the 6-year period referred to in clause (i) 

4 for any alien. 

5 ‘‘(H) TERMINATION OF STATUS.— 

6 ‘‘(i) IN GENERAL.—The Secretary 

7 shall terminate the W–1 conditional non8 immigrant status of any alien if the Sec9 retary determines that the alien— 

10 ‘‘(I) ceases to meet the require11 ments of this section or of 

12 101(a)(15)(W)(i); 

13 ‘‘(II) has become a public charge; 

14 or 

15 ‘‘(III) has received a dishonorable 

16 discharge from the Armed Forces. 

17 ‘‘(ii) RETURN TO PREVIOUS IMMIGRA18 TION STATUS.—Any alien whose W–1 con19 ditional nonimmigrant status is terminated 

20 under clause (i)— 

21 ‘‘(I) shall return to the immigra22 tion status the alien had immediately 

23 before receiving W–1 conditional non24 immigrant status; and 


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1 ‘‘(II) shall be subject to imme2 diate removal. 

3 ‘‘(I) INTENDING TO ENLIST.—An alien 

4 does not meet the intending to enlist require5 ment set forth in section 

6 101(a)(15)(W)(i)(IX)(aa) unless the alien sub7 mits, to the Secretary of Homeland Security, a 

8 document obtained from a branch of the Armed 

9 Forces that contains— 

10 ‘‘(i) the alien’s name and current ad11 dress; 

12 ‘‘(ii) an attestation of the alien’s in13 tent to enlist; and 

14 ‘‘(iii) an attestation that the alien 

15 meets the applicable moral, medical, and 

16 mental standards for enlistment.’’. 

17 (b) REGULATIONS.— 

18 (1) INITIAL PUBLICATION.—Not later than 180 

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

20 Secretary of Homeland Security shall publish regula21 tions to carry out paragraphs (2) and (3) of sub22 section (s) of section 214 of the Immigration and 

23 Nationality Act (8 U.S.C. 1184), as added by sub24 section (a). 


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1 (2) INTERIM REGULATIONS.—Notwithstanding 

2 section 553 of title 5, United States Code, the regu3 lations required by paragraph (1) shall be effective, 

4 on an interim basis, immediately upon publication 

5 but may be subject to change and revision after pub6 lic notice and opportunity for a period of public com7 ment. 

8 (3) FINAL REGULATIONS.—Within a reasonable 

9 time after publication of the interim regulations in 

10 accordance with this subsection, the Secretary of 

11 Homeland Security shall publish final regulations 

12 implementing this section. 

13 SEC. 4. W–2 CONDITIONAL NONIMMIGRANT STATUS. 

14 Section 214(s) of the Immigration and Nationality 

15 Act (8 U.S.C. 1184), as added by section 3, is amended 

16 by adding at the end the following: 

17 ‘‘(4) W–2 CONDITIONAL NONIMMIGRANT STA18 TUS.— 

19 ‘‘(A) ELIGIBILITY.— 

20 ‘‘(i) IN GENERAL.—An alien is eligible 

21 for W–2 conditional nonimmigrant status 

22 if the alien meets the requirements of 

23 clause (ii) of section 101(a)(15)(W) and 

24 this paragraph. 


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1 ‘‘(ii) PROHIBITION ON APPLICATIONS

2 FROM OTHER NONIMMIGRANTS.—Only an 

3 alien granted W–1 conditional non4 immigrant status is eligible to apply for 

5 W–2 conditional nonimmigrants status. 

6 ‘‘(B) CHANGE OF STATUS.—The Secretary 

7 shall change the status of an alien granted W– 

8 1 conditional nonimmigrant status to that of a 

9 W–2 conditional nonimmigrant if the alien sub10 mits to the Secretary a timely application for 

11 such status that includes clear and convincing 

12 evidence that the alien is eligible for such sta13 tus. 

14 ‘‘(C) SUBMISSION OF APPLICATION.—An 

15 application for W–2 conditional nonimmigrant 

16 status for an alien is timely if such application 

17 is submitted to the Secretary— 

18 ‘‘(i) not earlier than 1 year before the 

19 applicant’s valid W–1 status expires; and 

20 ‘‘(ii) not later than the date on which 

21 the applicant’s valid W–1 status expires. 

22 ‘‘(D) SURCHARGE.—Each application for 

23 W–2 conditional nonimmigrant status shall be 

24 accompanied by a surcharge in the amount of 

25 $750, which shall be in addition to the otherVerDate Mar 15 2010 23:46 Nov 27, 2012 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3639.IS S3639

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1 wise applicable application fee imposed for the 

2 purpose of recovering the full costs of providing 

3 adjudication and processing services. 

4 ‘‘(E) OTHER REQUIREMENTS.—The Sec5 retary may not cancel the removal of an alien 

6 under subparagraph (B) or grant W–2 condi7 tional nonimmigrant status to the alien unless 

8 the following conditions are met: 

9 ‘‘(i) W–1 CONDITIONAL NON10 IMMIGRANT STATUS.—Except as provided 

11 in clause (ii), the alien was granted W–1 

12 conditional nonimmigrant status for a pe13 riod of not less than 6 years and during 

14 such period the alien— 

15 ‘‘(I) maintained compliance with 

16 section 101(a)(15)(W)(i) and the ap17 plicable requirements of this sub18 section, including the reporting re19 quirement set out in paragraph (2); 

20 and 

21 ‘‘(II) demonstrated good moral 

22 character. 

23 ‘‘(ii) CONTINUOUS PRESENCE.—The 

24 alien has maintained continuous physical 

25 presence in the United States during such 


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1 period, as calculated under subparagraph 

2 (F). 

3 ‘‘(iii) DISABILITY EXCEPTION.— 

4 ‘‘(I) IN GENERAL.—The Sec5 retary of Homeland Security may 

6 grant a hardship waiver to any alien 

7 who proves, by clear and convincing 

8 evidence, that— 

9 ‘‘(aa) the alien became af10 flicted with a disability (as de11 fined in section 3 of the Ameri12 cans with Disabilities Act of 

13 1990 (42 U.S.C. 12102)) during 

14 the time in which the alien was 

15 granted status under section 

16 101(a)(15)(W)(i); and 

17 ‘‘(bb) such disability is di18 rectly attributable to the alien’s 

19 inability to meet the require20 ments under clause (i)(I). 

21 ‘‘(II) NOTICE.—The alien may 

22 not be granted a hardship waiver 

23 under this clause unless the alien pro24 vides notice of the alien’s disability to 

25 United States Citizenship and ImmiVerDate Mar 15 2010 21:57 Nov 28, 2012 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3639.IS S3639

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1 gration Services not later than 120 

2 days after the date on which the alien 

3 became afflicted with a disability. 

4 ‘‘(F) CALCULATION OF CONTINUOUS PRES5 ENCE.—An alien shall be considered to have 

6 failed to maintain continuous physical presence 

7 in the United States while in W–2 conditional 

8 nonimmigrant status if the alien has departed 

9 from the United States for any period in excess 

10 of 90 days or for any aggregated period spent 

11 outside of the United States in excess of 120 

12 days, calculated as described in paragraph 

13 (3)(F). 

14 ‘‘(G) PERIOD OF STATUS.—W–2 condi15 tional nonimmigrant status shall be valid for a 

16 period of 4 years, subject to termination under 

17 subparagraph (H). 

18 ‘‘(H) TERMINATION OF STATUS.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 shall terminate the W–2 conditional non21 immigrant status of any alien if the Sec22 retary determines that the alien— 

23 ‘‘(I) ceases to meet the require24 ments of this section or of 

25 101(a)(15)(W)(ii); 


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1 ‘‘(II) has become a public charge; 

2 or 

3 ‘‘(III) has received a dishonorable 

4 discharge from the Armed Forces. 

5 ‘‘(ii) RETURN TO UNDOCUMENTED

6 STATUS.—Any alien whose W–2 condi7 tional nonimmigrant status is terminated 

8 under clause (i) shall not have any lawful 

9 immigration status in the United States 

10 and shall be subject to immediate removal. 

11 ‘‘(I) SPECIAL RULE FOR ALIENS DIS12 CHARGED FROM THE MILITARY.— 

13 ‘‘(i) HONORABLE DISCHARGE.—An 

14 alien who has served 4 years in a branch 

15 of the Armed Forces and is honorably dis16 charged from such service— 

17 ‘‘(I) may not be required to apply 

18 for W–2 conditional nonimmigrant 

19 status or W–3 nonimmigrant status; 

20 and 

21 ‘‘(II) during the 1-year period be22 ginning on the date of such honorable 

23 discharge, may apply for lawful per24 manent resident status under a speVerDate Mar 15 2010 23:46 Nov 27, 2012 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S3639.IS S3639

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1 cial process to be determined by the 

2 Secretary in regulations. 

3 ‘‘(ii) GENERAL DISCHARGE.— 

4 ‘‘(I) REQUIREMENT FOR RE5 VIEW.—An alien who is discharged 

6 from service in a branch of the Armed 

7 Services pursuant to a general dis8 charge, which includes any discharge 

9 that is not an honorable discharge or 

10 a dishonorable discharge, may not re11 main in W–1 conditional non12 immigrant status or receive W–2 con13 ditional nonimmigrant status or W–3 

14 nonimmigrant status until the Sec15 retary, in consultation with the Sec16 retary of Defense, reviews the facts 

17 and circumstances of such discharge. 

18 ‘‘(II) DISPOSITION.—Based on 

19 the outcome of a review conducted 

20 under subclause (I), the Secretary 

21 shall, with respect to an alien, take 

22 one of the following actions: 

23 ‘‘(aa) Terminate the alien’s 

24 status under subparagraph (W) 

25 of section 101(a)(15). 


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1 ‘‘(bb) Permit the alien to re2 main in status under such sub3 paragraph and continue to apply 

4 for the next appropriate subse5 quent status under such subpara6 graph, pursuant to the proce7 dures set out in this subsection.’’. 

8 SEC. 5. W–3 NONIMMIGRANT STATUS. 

9 (a) IN GENERAL.—Section 214(s) of the Immigration 

10 and Nationality Act (8 U.S.C. 1184), as added by section 

11 3 and amended by section 4, is further amended by adding 

12 at the end the following: 

13 ‘‘(5) W–3 NONIMMIGRANT STATUS.— 

14 ‘‘(A) ELIGIBILITY.— 

15 ‘‘(i) IN GENERAL.—An alien is eligible 

16 for W–3 nonimmigrant status if the alien 

17 meets the requirements of clause (iii) of 

18 section 101(a)(15)(W) and this paragraph. 

19 ‘‘(ii) PROHIBITION ON APPLICATIONS

20 FROM OTHER NONIMMIGRANTS.—Only an 

21 alien granted W–2 conditional non22 immigrant status is eligible to apply for 

23 W–3 nonimmigrant status. 

24 ‘‘(B) CHANGE OF STATUS.—The Secretary 

25 shall change the status of such alien to that of 


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1 a W–3 nonimmigrant if the alien submits to the 

2 Secretary a timely application for such status 

3 that includes clear and convincing evidence that 

4 the alien is eligible for such status. 

5 ‘‘(C) SUBMISSION OF APPLICATION.—An 

6 application for W–3 nonimmigrant status for 

7 an alien is timely if such application is sub8 mitted to the Secretary during the 1-year pe9 riod prior to the expiration of the alien’s W–2 

10 conditional nonimmigrant status. 

11 ‘‘(D) SURCHARGE.— 

12 ‘‘(i) INITIAL APPLICATION.—Each ap13 plication for W–3 nonimmigrant status 

14 shall be accompanied by a surcharge in the 

15 amount of $2,000, which shall be in addi16 tion to the otherwise applicable application 

17 fee imposed for the purpose of recovering 

18 the full costs of providing adjudication and 

19 processing services. 

20 ‘‘(ii) RENEWALS.—Any application for 

21 renewal of W–3 nonimmigrant status after 

22 the initial grant of such status shall be ac23 companied by a $525 surcharge. 

24 ‘‘(E) OTHER REQUIREMENTS.—The Sec25 retary may not cancel the removal of an alien 


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1 under subparagraph (B) or grant W–3 non2 immigrant status to the alien unless the fol3 lowing conditions are met: 

4 ‘‘(i) W–2 CONDITIONAL NON5 IMMIGRANT STATUS.—The alien was grant6 ed W–2 conditional nonimmigrant status 

7 for a period of not less than 4 years and 

8 during such period the alien— 

9 ‘‘(I) maintained compliance with 

10 section 101(a)(15)(W)(ii) and the ap11 plicable requirements of this sub12 section, including the reporting re13 quirement set out in paragraph (2); 

14 and 

15 ‘‘(II) demonstrated good moral 

16 character. 

17 ‘‘(ii) DISABILITY EXCEPTION.— 

18 ‘‘(I) IN GENERAL.—The Sec19 retary of Homeland Security may 

20 grant a hardship waiver to any alien 

21 who proves, by clear and convincing 

22 evidence, that— 

23 ‘‘(aa) the alien became af24 flicted with a disability (as de25 fined in section 3 of the AmeriVerDate Mar 15 2010 23:46 Nov 27, 2012 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S3639.IS S3639

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1 cans with Disabilities Act of 

2 1990 (42 U.S.C. 12102)) during 

3 the time in which the alien was 

4 granted status under clause (i) or 

5 (ii) of section 101(a)(15)(W); 

6 and 

7 ‘‘(bb) such disability is di8 rectly attributable to the alien’s 

9 inability to meet the require10 ments under clause (i)(I). 

11 ‘‘(II) NOTICE.—The alien may 

12 not be granted a hardship waiver 

13 under this clause unless the alien pro14 vides notice of the alien’s disability to 

15 United States Citizenship and Immi16 gration Services not later than 120 

17 days after the date on which the alien 

18 became afflicted with a disability. 

19 ‘‘(iii) UPDATED BIOMETRIC AND BIO20 GRAPHIC DATA.—The alien submits bio21 metric and biographic data, in accordance 

22 with procedures established by the Sec23 retary. The Secretary shall provide an al24 ternative procedure for applicants who are 

25 unable to provide such biometric or bioVerDate Mar 15 2010 21:57 Nov 28, 2012 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S3639.IS S3639

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1 graphic data because of a physical impair2 ment. 

3 ‘‘(iv) UPDATED BACKGROUND

4 CHECKS.—The alien completes, to the sat5 isfaction of the Secretary, new security and 

6 law enforcement background checks, as de7 scribed in paragraph (3)(E)(ii). 

8 ‘‘(v) PAYMENT OF FEDERAL TAXES.— 

9 ‘‘(I) IN GENERAL.—The alien 

10 shall satisfy any applicable Federal 

11 tax liability due and owing on the date 

12 the alien applies for W–3 non13 immigrant status. 

14 ‘‘(II) APPLICABLE FEDERAL TAX

15 LIABILITY.—For purposes of sub16 clause (I), the term ‘applicable Fed17 eral tax liability’ means liability for 

18 Federal taxes imposed under the In19 ternal Revenue Code of 1986, includ20 ing any penalties and interest thereon. 

21 ‘‘(vi) CONTINUOUS PRESENCE.—The 

22 alien has maintained continuous physical 

23 presence in the United States during such 

24 period, as calculated under subparagraph 

25 (F). 


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1 ‘‘(F) CALCULATION OF CONTINUOUS PRES2 ENCE.—An alien shall be considered to have 

3 failed to maintain continuous physical presence 

4 in the United States while in W–1 or W–2 con5 ditional nonimmigrant status if the alien has 

6 departed from the United States for any period 

7 in excess of 90 days or for any aggregated pe8 riod spent outside of the United States in ex9 cess 180 days while present in the United 

10 States in W–1 conditional nonimmigrant status 

11 or for any aggregate period over 120 days while 

12 in W–2 conditional nonimmigrant status, cal13 culated as described in paragraph (3)(F). 

14 ‘‘(G) PERIOD OF STATUS.— 

15 ‘‘(i) IN GENERAL.—W–3 conditional 

16 nonimmigrant status shall be valid for an 

17 initial period of 5 years, subject to termi18 nation under subparagraph (H). 

19 ‘‘(ii) RENEWAL.—The Secretary may 

20 renew the 4-year period referred to in 

21 clause (i) for an unlimited number of 4- 

22 year periods. 

23 ‘‘(H) TERMINATION OF STATUS.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 shall terminate the W–3 nonimmigrant 


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1 status of any alien if the Secretary deter2 mines that the alien— 

3 ‘‘(I) ceases to meet the require4 ments of this section or of 

5 101(a)(15)(W)(iii); 

6 ‘‘(II) has become a public charge; 

7 or 

8 ‘‘(III) has received a dishonorable 

9 discharge from the Armed Forces. 

10 ‘‘(ii) RETURN TO UNDOCUMENTED

11 STATUS.—Any alien whose W–3 non12 immigrant status is terminated under 

13 clause (i) shall not have lawful immigration 

14 status in the United States. 

15 ‘‘(I) CHANGE OF STATUS.—Nothing in this 

16 section or in any other provision of law, may 

17 prevent an alien granted W–3 nonimmigrant 

18 status from using any other lawful measures 

19 under this Act to change or adjust to another 

20 lawful nonimmigrant or immigrant status pro21 vided for in this Act.’’. 

22 (b) DUAL INTENT.—Section 214(b) of the Immigra23 tion and Nationality Act (8 U.S.C. 1184(b)) is amended 

24 by striking ‘‘(L) or (V) of section 101(a)(15)’’ and insert25 ing, ‘‘(L), (V), or (W)’’. 


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1 SEC. 6. PENALTIES FOR FALSE STATEMENTS. 

2 (a) CRIMINAL PENALTY.—Chapter 75 of title 18, 

3 United States Code, is amended— 

4 (1) by redesignating section 1547 as section 

5 1548; 

6 (2) by inserting after section 1546 the fol7 lowing: 

8 ‘‘§ 1547. Fraud and misuse of the ACHIEVE Act 

9 ‘‘Any person who files an application for any benefit 

10 under the ACHIEVE Act, or an amendment made by such 

11 Act, and willfully and knowingly engages in fraud by fal12 sifying, misrepresenting, concealing, or in any way failing 

13 to disclose a material fact or makes any false or fraudulent 

14 statement or representation, or makes or uses any false 

15 writing or document knowing the same to contain any 

16 false or fraudulent statement or entry— 

17 ‘‘(1) shall be fined under this title, imprisoned 

18 not more than 5 years, or both; 

19 ‘‘(2) shall be placed into the immigration status 

20 that the person had before the person’s initial appli21 cation for relief under section 101(a)(15)(W) of the 

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

23 1101(a)(15)(W)); and 

24 ‘‘(3) shall be subject to immediate removal pro25 ceedings, in which the information that the person 

26 provided to the Secretary of Homeland Security durVerDate Mar 15 2010 03:09 Nov 28, 2012 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S3639.IS S3639

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1 ing the person’s application process may be used.’’; 

2 and 

3 (3) in the chapter analysis, by striking the item 

4 relating to section 1547 and inserting the following: 

‘‘1547. Fraud and misuse of the ACHIEVE Act. 

‘‘1548. Alternative imprisonment maximum for certain offenses.’’. 

5 (b) DEFINITION OF AGGRAVATED FELONY.—Section 

6 101(a)(43) of the Immigration and Nationality Act (8 

7 U.S.C. 1101(a)(43)) is amended— 

8 (1) in subparagraph (T), by striking ‘‘and’’ at 

9 the end; 

10 (2) by redesignating subparagraph (U) as sub11 paragraph (V); and 

12 (3) by inserting after subparagraph (T) the fol13 lowing: 

14 ‘‘(U) an offense described in section 1547 

15 of title 18, United States Code; and’’. 

16 SEC. 7. CONFIDENTIALITY OF APPLICANT INFORMATION. 

17 Section 214(s)(2) of the Immigration and Nationality 

18 Act, as added by section 3(a), is amended by adding at 

19 the end the following: 

20 ‘‘(D) PROHIBITIONS ON INFORMATION

21 USAGE.—Except as provided in subparagraphs 

22 (E) and (G), section 1547 of title 18, United 

23 States Code, and any provision of law that au24 thorizes the use of applicant information colVerDate Mar 15 2010 23:46 Nov 27, 2012 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S3639.IS S3639

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1 lected under this subsection, no officer or em2 ployee of the United States may— 

3 ‘‘(i) use the information furnished by 

4 an individual pursuant to an application 

5 for nonimmigrant status under section 

6 101(a)(15)(W) to initiate removal pro7 ceedings against the applicant or the appli8 cant’s immediate family members; 

9 ‘‘(ii) make any publication in which 

10 the information furnished by any par11 ticular individual pursuant to an applica12 tion for nonimmigrant status under section 

13 101(a)(15)(W) can be identified; or 

14 ‘‘(iii) permit anyone other than an of15 ficer or employee of the United States Gov16 ernment or, in the case of an application 

17 filed with a designated entity, that des18 ignated entity, to examine such applica19 tion. 

20 ‘‘(E) REQUIRED DISCLOSURE.—The Attor21 ney General or the Secretary shall provide the 

22 information furnished under this subsection, 

23 and any other information derived from such 

24 furnished information, to— 


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1 ‘‘(i) a Federal, State, tribal, or local 

2 law enforcement agency, intelligence agen3 cy, national security agency, directorate of 

4 the Department of Homeland Security, 

5 court, or grand jury in connection with a 

6 criminal investigation or prosecution, a 

7 background check conducted pursuant to 

8 the Brady Handgun Violence Protection 

9 Act (Public Law 103–59; 107 Stat. 1536), 

10 or for homeland security or national secu11 rity purposes, if such information is re12 quested by such entity or consistent with 

13 an information sharing agreement or 

14 mechanism; or 

15 ‘‘(ii) an official coroner for purposes 

16 of affirmatively identifying a deceased indi17 vidual (whether or not such individual is 

18 deceased as a result of a crime). 

19 ‘‘(F) PENALTY.—Any person who know20 ingly uses, publishes, or permits information to 

21 be examined in violation of this section shall be 

22 fined not more than $10,000, imprisoned not 

23 more than 5 years, or both. 

24 ‘‘(G) OBTAINING INFORMATION BY OTHER

25 MEANS.—Notwithstanding subparagraph (D), 


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1 nothing in this subsection may be construed to 

2 limit the authority of Federal, State, or local 

3 law enforcement authorities to obtain informa4 tion that was included by an applicant in their 

5 application by any other lawful, independent 

6 means otherwise authorized under Federal, 

7 State, or local law.’’. 

8 SEC. 8. MILITARY ENLISTMENT. 

9 Section 504(b)(1) of title 10, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(D) An alien who qualifies as a non12 immigrant (as defined in section 101(a)(15)(W) 

13 of the Immigration and Nationality Act (8 

14 U.S.C. 1101(a)(15)(W))).’’. 

Æ 


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