I 

116TH CONGRESS 

1ST SESSION H. R. 4151 

To improve agricultural job opportunities, benefits, and security for aliens 

in the United States and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 2, 2019 

Ms. ESHOO introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committee on Ways and Means, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To improve agricultural job opportunities, benefits, and security for aliens in 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; TABLE OF CONTENTS. 

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

5 ‘‘Undocumented Taxpayers Opportunity Act of 2019’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—PROGRAM FOR EARNED STATUS ADJUSTMENT OF 

ALIEN TAXPAYERS 

Sec. 101. Provisional immigrant status. 

Sec. 102. Adjustment to permanent resident status. 

Sec. 103. Use of information. 

Sec. 104. Reports on provisional immigrants. 

Sec. 105. Authorization of appropriations. 

TITLE II—CORRECTION OF SOCIAL SECURITY RECORDS 

Sec. 201. Correction of Social Security records. 

TITLE III—DEFINITIONS 

Sec. 301. Definitions. 

1 TITLE I—PROGRAM FOR 

2 EARNED STATUS ADJUST3 MENT OF ALIEN TAXPAYERS 

4 SEC. 101. PROVISIONAL IMMIGRANT STATUS. 

5 (a) REQUIREMENTS FOR PROVISIONAL IMMIGRANT

6 STATUS.—Notwithstanding any other provision of law, the 

7 Secretary may grant provisional immigrant status to an 

8 alien who— 

9 (1)(A) has a tax liability that is greater than $0 

10 which has been assessed and paid for each of the 5 

11 immediately preceding taxable years; or 

12 (B)(i) is the spouse or child of an alien de13 scribed in subparagraph (A); 

14 (ii) was physically present in the United States 

15 on or before the date of the enactment of this Act; 

16 and 


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1 (iii) has maintained continuous presence in the 

2 United States from that date until the date on which 

3 the alien is granted provisional immigrant status; 

4 (2) is not ineligible under subsection (d)(2); 

5 (3) submits a completed application before the 

6 end of the period set forth in subsection (b)(3); 

7 (4) passes the national security and law en8 forcement clearances required under subsection 

9 (d)(1) to the satisfactory of the Secretary; and 

10 (5) pays the required processing fees and pen11 alties in accordance with subsection (e). 

12 (b) APPLICATION.— 

13 (1) SUBMISSION REQUIREMENTS.—An alien de14 scribed in subsection (a)(1) who is seeking provi15 sional immigrant status shall submit an applica16 tion— 

17 (A) to the Secretary, with the assistance of 

18 an attorney or a nonprofit religious, charitable, 

19 social service, or similar organization recognized 

20 by the Board of Immigration Appeals under 

21 section 292.2 of title 8, Code of Federal Regu22 lations; or 

23 (B) to a qualified entity if the applicant 

24 consents to the forwarding of the application to 

25 the Secretary. 


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1 (2) EVIDENCE OF APPLICATION FILING.—As 

2 soon as practicable after receiving each application 

3 for provisional immigrant status under paragraph 

4 (1), the Secretary shall provide the applicant with a 

5 document acknowledging the receipt of such applica6 tion. 

7 (3) APPLICATION PERIOD.— 

8 (A) INITIAL PERIOD.—Except as provided 

9 in subparagraphs (B) and (C), the Secretary 

10 shall accept applications for provisional immi11 grant status from aliens in the United States 

12 during the 18-month period beginning on the 

13 date on which the final rule is published in the 

14 Federal Register pursuant to subsection (j). 

15 (B) EXCEPTION.—Aliens described in sub16 section (a)(1)(C) may apply for provisional im17 migrant status from outside of the United 

18 States. 

19 (C) EXTENSION.—If the Secretary deter20 mines, during the initial period described in 

21 subparagraph (A), that additional time is re22 quired to process applications for provisional 

23 immigrant status or for other good cause, the 

24 Secretary may extend the period for accepting 

25 applications for an additional 18 months. 


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1 (4) APPLICATION.— 

2 (A) IN GENERAL.—The application form 

3 referred to in paragraph (1) shall collect such 

4 information as the Secretary determines nec5 essary and appropriate. 

6 (B) FAMILY APPLICATION.—The Secretary 

7 shall establish a process through which an alien 

8 may submit a single application under this sec9 tion on behalf of the alien and his or her spouse 

10 and children who meet the requirements set 

11 forth in subsection (a)(1)(B). 

12 (5) ADJUDICATION.— 

13 (A) INTERVIEW.—The Secretary may 

14 interview applicants for provisional immigrant 

15 status to determine whether they meet the eligi16 bility requirements set forth in this section. 

17 (B) FAILURE TO SUBMIT SUFFICIENT EVI18 DENCE.—The Secretary may deny an applica19 tion for provisional immigrant status submitted 

20 by an alien who fails to submit evidence of the 

21 alien’s eligibility for such status. 

22 (C) NOTICE.—If the Secretary denies an 

23 application for provisional immigrant status, 

24 the Secretary shall— 


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1 (i) send a written notice to the appli2 cant that provides the applicant with the 

3 basis for denial; and 

4 (ii) provide the alien with an oppor5 tunity to cure the denial within a reason6 able time. 

7 (D) AMENDED APPLICATION.—An alien 

8 whose application for provisional immigrant sta9 tus is denied under subparagraph (B) may sub10 mit an amended application for such status to 

11 the Secretary if the amended application— 

12 (i) is submitted within the application 

13 period described in paragraph (3); and 

14 (ii) contains all the required informa15 tion and fees that were missing from the 

16 initial application. 

17 (E) ADDITIONAL PROCEDURES.—The Sec18 retary may utilize the procedures set forth in 

19 sections 103.2 and 103.3 of title 8, Code of 

20 Federal Regulations, as in effect on the date of 

21 the enactment of this Act, to adjudicate re22 quests for provisional immigrant status to the 

23 extent such procedures are consistent with the 

24 requirements under this section. 


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1 (6) EVIDENCE OF PROVISIONAL IMMIGRANT

2 STATUS.— 

3 (A) IN GENERAL.—The Secretary shall 

4 issue documentary evidence of provisional immi5 grant status to each alien whose application for 

6 such status has been approved. 

7 (B) DOCUMENTATION FEATURES.—Docu8 mentary evidence provided under subparagraph 

9 (A)— 

10 (i) shall be machine-readable and tam11 per-resistant; 

12 (ii) shall contain a digitized photo13 graph; 

14 (iii) shall, during the alien’s author15 ized period of admission, and any exten16 sion of such authorized admission, serve as 

17 a valid travel and entry document for the 

18 purpose of applying for admission to the 

19 United States; 

20 (iv) may be accepted during the pe21 riod of its validity by an employer as evi22 dence of employment authorization and 

23 identity under section 274A(b)(1)(B) of 

24 the Immigration and Nationality Act (8 

25 U.S.C. 1324a(b)(1)(B)); and 


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1 (v) shall include such other features 

2 and information as the Secretary may pre3 scribe. 

4 (c) SPECIAL RULES FOR PROVISIONAL IMMIGRANT

5 APPLICANTS AND ALIENS ELIGIBLE FOR PROVISIONAL

6 IMMIGRANT STATUS.— 

7 (1) ALIENS APPREHENDED BEFORE OR DURING

8 THE APPLICATION PERIOD.—If an alien, who is ap9 prehended during the period beginning on the date 

10 of the enactment of this Act and ending on the last 

11 day of the application period described in paragraph 

12 (3), appears prima facie eligible for provisional im13 migrant status, the Secretary— 

14 (A) shall provide the alien with a reason15 able opportunity to submit an application for 

16 such status under this section during such ap17 plication period; and 

18 (B) may not remove the individual until a 

19 final administrative determination is made on 

20 the application. 

21 (2) ALIENS IN REMOVAL PROCEEDINGS.—Not22 withstanding any other provision of the Immigration 

23 and Nationality Act (8 U.S.C. 1101 et seq.) if an 

24 alien is in removal, deportation, or exclusion pro25 ceedings during the period beginning on the date of 


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1 the enactment of this Act and ending on the last day 

2 of the application period described in subsection 

3 (b)(3) and is prima facie eligible for provisional im4 migrant status under this section, upon motion by 

5 the Secretary and with the consent of the alien or 

6 upon motion by the alien, the Executive Office for 

7 Immigration Review shall— 

8 (A) terminate such proceedings without 

9 prejudice to future proceedings; and 

10 (B) permit the alien a reasonable oppor11 tunity to apply for such status. 

12 (3) TREATMENT OF ALIENS PREVIOUSLY OR13 DERED REMOVED.— 

14 (A) IN GENERAL.—If an alien who meets 

15 the eligibility requirements set forth in sub16 section (a) is present in the United States and 

17 has been ordered excluded, deported, or re18 moved, or ordered to depart voluntarily from 

19 the United States under any provision of the 

20 Immigration and Nationality Act— 

21 (i) notwithstanding such order or sec22 tion 241(a)(5) of the Immigration and Na23 tionality Act (8 U.S.C. 1231(a)(5)), the 

24 alien may apply for provisional immigrant 

25 status under this section; and 


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1 (ii) if the alien is granted such status, 

2 the alien may file a motion to reopen the 

3 exclusion, deportation, removal, or vol4 untary departure order, which motion shall 

5 be granted. 

6 (B) LIMITATIONS ON MOTIONS TO RE7 OPEN.—The limitations on motions to reopen 

8 set forth in section 240(c)(7) of the Immigra9 tion and Nationality Act (8 U.S.C. 1229a(c)(7)) 

10 shall not apply to motions filed under subpara11 graph (A)(ii). 

12 (4) PERIOD PENDING ADJUDICATION OF APPLI13 CATION.—During the period beginning on the date 

14 on which an alien applies for provisional immigrant 

15 status under this section and ending on the date on 

16 which the Secretary makes a final decision regarding 

17 such application, the alien— 

18 (A) is eligible to apply for advance parole; 

19 (B) may not be detained by the Secretary 

20 or removed from the United States unless the 

21 Secretary makes a prima facie determination 

22 that such alien is, or has become, ineligible for 

23 provisional immigrant status under subsection 

24 (d)(2); 


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1 (C) shall not be considered unlawfully 

2 present under section 212(a)(9)(B) of the Im3 migration and Nationality Act (8 U.S.C. 

4 1182(a)(9)(B)); and 

5 (D) shall not be considered an unauthor6 ized alien (as defined in section 274A(h)(3) of 

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

8 1324a(h)(3))). 

9 (5) EFFECT OF DEPARTURE.—Section 101(g) 

10 of the Immigration and Nationality Act (8 U.S.C. 

11 1101(g)) shall not apply to an alien granted— 

12 (A) advance parole under paragraph (4)(A) 

13 to reenter the United States; or 

14 (B) provisional immigrant status. 

15 (6) PROTECTION FROM DETENTION OR RE16 MOVAL DURING PROVISIONAL IMMIGRANT STATUS.— 

17 An alien granted provisional immigrant status under 

18 this section may not be detained by the Secretary or 

19 removed from the United States unless— 

20 (A) the alien is removable under section 

21 237 of the Immigration and Nationality Act (8 

22 U.S.C. 1227); or 

23 (B) the alien’s provisional immigrant sta24 tus has been revoked. 


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1 (7) DURATION OF STATUS.—Beginning on the 

2 date that is eight years after the date on which reg3 ulations are published under subsection (j), no alien 

4 may remain in provisional immigrant status. 

5 (d) REQUIRED BACKGROUND INVESTIGATIONS AND

6 INELIGIBILITY.— 

7 (1) IN GENERAL.— 

8 (A) BIOMETRIC AND BIOGRAPHIC DATA.— 

9 The Secretary may not grant provisional immi10 grant status to an alien or an alien dependent 

11 spouse or child under this section unless such 

12 alien submits biometric and biographic data in 

13 accordance with procedures established by the 

14 Secretary. 

15 (B) ALTERNATIVE PROCEDURES.—The 

16 Secretary shall provide an alternative procedure 

17 for applicants who cannot provide the standard 

18 biometric data required under subparagraph 

19 (A) because of a physical impairment. 

20 (C) DATA COLLECTION.—The Secretary 

21 shall collect, from each alien applying for status 

22 under this section, biometric, biographic, and 

23 other data that the Secretary determines to be 

24 appropriate in order to conduct a background 


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1 investigation and determine the alien’s eligi2 bility for provisional immigrant status. 

3 (2) GROUNDS FOR INELIGIBILITY.— 

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

5 subparagraph (B), an alien is ineligible for pro6 visional immigrant status if the Secretary deter7 mines that the alien— 

8 (i) has a conviction for— 

9 (I) an offense classified as a fel10 ony in the convicting jurisdiction 

11 (other than a State or local offense 

12 for which an essential element was the 

13 alien’s immigration status, or a viola14 tion of the Immigration and Nation15 ality Act (8 U.S.C. 1101 et seq.)); 

16 (II) an aggravated felony (as de17 fined in section 101(a)(43) of the Im18 migration and Nationality Act (8 

19 U.S.C. 1101(a)(43)) at the time of 

20 the conviction); 

21 (III) 3 or more misdemeanor of22 fenses (other than minor traffic of23 fenses or State or local offenses for 

24 which an essential element was the 

25 alien’s immigration status, or violaVerDate Sep 11 2014 20:17 Aug 19, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4151.IH H4151

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1 tions of the Immigration and Nation2 ality Act) if the alien was convicted on 

3 different dates for each of the 3 of4 fenses; 

5 (IV) any offense under foreign 

6 law, except for a purely political of7 fense, which, if the offense had been 

8 committed in the United States, 

9 would render the alien inadmissible 

10 under section 212(a) of the Immigra11 tion and Nationality Act (8 U.S.C. 

12 1182(a)), excluding the paragraphs 

13 set forth in clause (ii), or removable 

14 under section 237(a) of such Act (8 

15 U.S.C. 1227(a)), except as provided in 

16 paragraph (3) of such section 237(a); 

17 or 

18 (V) unlawful voting (as defined 

19 in section 237(a)(6) of the Immigra20 tion and Nationality Act (8 U.S.C. 

21 1227(a)(6))); 

22 (ii) is inadmissible under section 

23 212(a) of the Immigration and Nationality 

24 Act (8 U.S.C. 1182(a)), except that in de25 termining an alien’s inadmissibility— 


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

2 (9)(B) of such section 212(a) shall 

3 not apply; 

4 (II) subparagraphs (A), (C), (D), 

5 (F), and (G) of such section 212(a)(6) 

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

7 such section 212(a) shall not apply 

8 unless based on the act of unlawfully 

9 entering the United States after the 

10 date of the enactment of this Act; and 

11 (III) paragraphs (6)(B) and 

12 (9)(A) of such section 212(a) shall 

13 not apply unless the relevant conduct 

14 began on or after the date on which 

15 the alien files an application for reg16 istered provisional immigrant status 

17 under this section; 

18 (iii) is an alien who the Secretary 

19 knows or has reasonable grounds to be20 lieve, is engaged in or is likely to engage 

21 after entry in any terrorist activity (as de22 fined in section 212(a)(3)(B)(iv) of such 

23 Act); or 

24 (iv) was, on the date of the enactment 

25 of this Act— 


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1 (I) an alien lawfully admitted for 

2 permanent residence; or 

3 (II) an alien admitted as a ref4 ugee under section 207 of the Immi5 gration and Nationality Act (8 U.S.C. 

6 1157) or granted asylum under sec7 tion 208 of such Act (8 U.S.C. 1158). 

8 (B) WAIVER.— 

9 (i) IN GENERAL.—The Secretary may 

10 waive the application of subparagraph 

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

12 212(a) of the Immigration and Nationality 

13 Act (8 U.S.C. 1182(a)) that is not listed in 

14 clause (ii) on behalf of an alien for human15 itarian purposes, to ensure family unity, or 

16 if such a waiver is otherwise in the public 

17 interest. Any discretionary authority to 

18 waive grounds of inadmissibility under 

19 such section 212(a) conferred under any 

20 other provision of the Immigration and 

21 Nationality Act shall apply equally to 

22 aliens seeking provisional immigrant status 

23 under this section. 


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1 (ii) EXCEPTIONS.—The discretionary 

2 authority under clause (i) may not be used 

3 to waive— 

4 (I) subparagraph (B), (C), 

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

6 212(a)(2) of such Act; 

7 (II) section 212(a)(3) of such 

8 Act; or 

9 (III) subparagraph (A), (C), (D), 

10 or (E) of section 212(a)(10) of such 

11 Act. 

12 (C) CONVICTION EXPLAINED.—For pur13 poses of this paragraph, the term ‘‘conviction’’ 

14 does not include a judgment that has been ex15 punged, set aside, or the equivalent. 

16 (D) RULE OF CONSTRUCTION.—Nothing in 

17 this paragraph may be construed to require the 

18 Secretary to commence removal proceedings 

19 against an alien. 

20 (e) FEES AND PENALTIES.— 

21 (1) STANDARD PROCESSING FEE.—Aliens 16 

22 years of age or older who are applying for provi23 sional immigrant status under this subsection, or for 

24 an extension of such status, shall pay a processing 


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1 fee to the Department of Homeland Security in an 

2 amount determined by the Secretary. 

3 (2) RECOVERY OF COSTS.—The processing fee 

4 authorized under paragraph (1) shall be set at a 

5 level that is sufficient to recover the full costs of 

6 processing the application, including any costs in7 curred— 

8 (A) to adjudicate the application; 

9 (B) to take and process biometric data; 

10 (C) to perform national security and crimi11 nal checks, including adjudication; 

12 (D) to prevent and investigate fraud; and 

13 (E) to administer the collection of such 

14 fee. 

15 (3) AUTHORITY TO LIMIT FEES.—The Sec16 retary may issue regulations— 

17 (A) to limit the maximum processing fee 

18 payable under this subsection by a family, in19 cluding spouses and unmarried children young20 er than 21 years of age; and 

21 (B) to exempt defined classes of individ22 uals from the payment of the fee required 

23 under paragraph (1). 

24 (4) PENALTY.—In addition to the processing 

25 fee required under paragraph (1), aliens applying for 


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1 provisional immigrant status under this subsection 

2 who are 21 years of age or older shall pay a $100 

3 penalty to the Department of Homeland Security. 

4 (5) DEPOSIT AND USE OF PROCESSING FEES

5 AND PENALTIES.—Fees and penalties authorized 

6 under this subsection— 

7 (A) shall be deposited into the Immigration 

8 Examinations Fee Account pursuant to section 

9 286(m) of the Immigration and Nationality Act 

10 (8 U.S.C. 1356(m)); and 

11 (B) shall remain available until expended 

12 pursuant to section 286(n) of such Act. 

13 (f) TERMS AND CONDITIONS OF PROVISIONAL IMMI14 GRANT STATUS.— 

15 (1) CONDITIONS OF PROVISIONAL IMMIGRANT

16 STATUS.— 

17 (A) EMPLOYMENT.—Notwithstanding any 

18 other provision of law, including section 

19 241(a)(7) of the Immigration and Nationality 

20 Act (8 U.S.C. 1231(a)(7)), an alien with provi21 sional immigrant status shall be authorized to 

22 be employed in the United States while in such 

23 status. 


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1 (B) TRAVEL OUTSIDE THE UNITED

2 STATES.—An alien with provisional immigrant 

3 status— 

4 (i) may travel outside of the United 

5 States, including commuting to the United 

6 States from a residence in a foreign coun7 try; and 

8 (ii) may be admitted upon returning 

9 to the United States without having to ob10 tain a visa if— 

11 (I) the alien is in possession of— 

12 (aa) valid, unexpired docu13 mentary evidence of provisional 

14 immigrant status that complies 

15 with subsection (b)(6)(B); or 

16 (bb) a travel document that 

17 has been approved by the Sec18 retary and was issued to the 

19 alien after the alien’s original 

20 documentary evidence was lost, 

21 stolen, or destroyed; 

22 (II) the alien’s absence from the 

23 United States did not exceed 180 

24 days, unless the alien’s failure to 

25 timely return was due to extenuating 


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1 circumstances beyond the alien’s con2 trol; and 

3 (III) the alien establishes that he 

4 or she is not inadmissible under sub5 paragraph (A)(i), (A)(iii), (B), or (C) 

6 of section 212(a)(3) of the Immigra7 tion and Nationality Act (8 U.S.C. 

8 1182(a)(3)). 

9 (C) ADMISSION.—An alien granted provi10 sional immigrant status shall be considered to 

11 have been admitted in such status as of the 

12 date on which the alien’s application was sub13 mitted. 

14 (D) CLARIFICATION OF STATUS.—An alien 

15 granted provisional immigrant status shall be 

16 considered lawfully admitted to the United 

17 States. 

18 (2) REVOCATION.— 

19 (A) IN GENERAL.—The Secretary may re20 voke provisional immigrant status at any time 

21 after providing appropriate notice to the alien, 

22 and after the exhaustion or waiver of all appli23 cable administrative review procedures if the 

24 alien— 


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1 (i) no longer meets the eligibility re2 quirements for provisional immigrant sta3 tus; 

4 (ii) knowingly used documentation 

5 issued under this section for an unlawful 

6 or fraudulent purpose; or 

7 (iii) was absent from the United 

8 States for— 

9 (I) any single period longer than 

10 180 days in violation of the require11 ment under paragraph (1)(B)(ii)(II); 

12 or 

13 (II) for more than 180 days in 

14 the aggregate during any calendar 

15 year, unless the alien’s failure to time16 ly return was due to extenuating cir17 cumstances beyond the alien’s control. 

18 (B) ADDITIONAL EVIDENCE.— 

19 (i) IN GENERAL.—In determining 

20 whether to revoke an alien’s status under 

21 subparagraph (A), the Secretary may re22 quire the alien— 

23 (I) to submit additional evidence; 

24 and 

25 (II) to appear for an interview. 


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1 (ii) EFFECT OF NONCOMPLIANCE.— 

2 The provisional immigrant status of an 

3 alien who fails to comply with any require4 ment imposed by the Secretary under 

5 clause (i) shall be revoked unless the alien 

6 demonstrates to the Secretary’s satisfac7 tion that such failure was reasonably ex8 cusable. 

9 (C) INVALIDATION OF DOCUMENTATION.— 

10 If an alien’s provisional immigrant status is re11 voked pursuant to subparagraph (A), any docu12 mentation issued by the Secretary to such alien 

13 under subsection (b)(6) shall automatically be 

14 rendered invalid for any purpose except for de15 parture from the United States. 

16 (3) INELIGIBILITY FOR PUBLIC BENEFITS.—An 

17 alien who has been granted provisional immigrant 

18 status is not eligible for the Federal means-tested 

19 public benefits unavailable to qualified aliens under 

20 section 403 of the Personal Responsibility and Work 

21 Opportunity Reconciliation Act of 1996 (8 U.S.C. 

22 1613). 

23 (4) TREATMENT OF PROVISIONAL IMMIGRANT

24 STATUS.—An alien granted provisional immigrant 

25 status shall be considered lawfully present in the 


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1 United States for all purposes while such alien re2 mains in such status, except that the alien— 

3 (A) is not entitled to the premium assist4 ance tax credit authorized under section 36B of 

5 the Internal Revenue Code of 1986 (26 U.S.C. 

6 36B) for his or her coverage; 

7 (B) shall be subject to the rules applicable 

8 to individuals who are not lawfully present set 

9 forth in subsection (e) of such section; 

10 (C) shall be subject to the rules applicable 

11 to individuals who are not lawfully present set 

12 forth in section 1402(e) of the Patient Protec13 tion and Affordable Care Act (42 U.S.C. 

14 18071(e)); and 

15 (D) shall be subject to the rules applicable 

16 to individuals not lawfully present set forth in 

17 section 5000A(d)(3) of the Internal Revenue 

18 Code of 1986 (26 U.S.C. 5000A(d)(3)). 

19 (g) PROVISIONS INVOLVING EMPLOYERS.— 

20 (1) RECORD OF EMPLOYMENT.—Employers of 

21 aliens granted provisional immigrant status shall 

22 provide the alien and the Secretary with a written 

23 record of employment each year the alien remains in 

24 such status. 

25 (2) CIVIL PENALTIES.— 


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1 (A) IN GENERAL.—If the Secretary deter2 mines, after notice and an opportunity for a 

3 hearing, that an employer of an alien granted 

4 provisional immigrant status has knowingly 

5 failed to provide the record of employment re6 quired under paragraph (1) or has provided a 

7 false statement of material fact in such a 

8 record, the employer shall be subject to a civil 

9 penalty in an amount not to exceed $500 per 

10 violation. 

11 (B) LIMITATION.—The penalty under sub12 paragraph (A) for failure to provide employ13 ment records shall not apply unless the alien 

14 has provided the employer with evidence of em15 ployment authorization described in subsection 

16 (b)(11). 

17 (C) DEPOSIT OF CIVIL PENALTIES.—Civil 

18 penalties collected under this paragraph shall be 

19 deposited into the Immigration Examinations 

20 Fee Account pursuant to section 286(m) of the 

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

22 1356(m)). 

23 (3) CONTINUING EMPLOYMENT.—An employer 

24 that knows an alien employee is an applicant for 

25 provisional immigrant status or will apply for such 


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1 status once the application period commences is not 

2 in violation of section 274A(a)(2) of the Immigra3 tion and Nationality Act (8 U.S.C. 1324a(a)(2)) if 

4 the employer continues to employ the alien pending 

5 the adjudication of the alien employee’s application. 

6 (4) EMPLOYER PROTECTIONS.— 

7 (A) USE OF EMPLOYMENT RECORDS.— 

8 Copies of employment records or other evidence 

9 of employment provided by an alien or by an 

10 alien’s employer in support of an alien’s appli11 cation for provisional immigrant status may not 

12 be used in a civil or criminal prosecution or in13 vestigation of that employer under section 274A 

14 of the Immigration and Nationality Act (8 

15 U.S.C. 1324a) or the Internal Revenue Code of 

16 1986 for the prior unlawful employment of that 

17 alien regardless of the adjudication of such ap18 plication or reconsideration by the Secretary of 

19 such alien’s prima facie eligibility determina20 tion. Employers that provide unauthorized 

21 aliens with copies of employment records or 

22 other evidence of employment pursuant to an 

23 application for provisional immigrant status 

24 shall not be subject to civil and criminal liability 


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1 pursuant to such section 274A for employing 

2 such unauthorized aliens. 

3 (B) LIMIT ON APPLICABILITY.—The pro4 tections for employers and aliens under sub5 paragraph (A) shall not apply if the aliens or 

6 employers submit employment records that are 

7 determined to be fraudulent. 

8 (h) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

9 (1) IN GENERAL.—Any administrative or judi10 cial review of a determination regarding an applica11 tion for provisional immigrant status shall comply 

12 with the requirements under this subsection. 

13 (2) ADMINISTRATIVE REVIEW.— 

14 (A) SINGLE LEVEL OF APPELLATE RE15 VIEW.—The Secretary shall establish an appel16 late authority to provide for a single level of ad17 ministration appellate review of a final agency 

18 determination. 

19 (B) STANDARD FOR REVIEW.—An admin20 istrative appellate review established under sub21 paragraph (A) shall be based solely upon— 

22 (i) the administrative record estab23 lished at the time of the determination re24 garding the application; and 


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1 (ii) any additional or newly discovered 

2 evidence that was not available at the time 

3 of a final agency determination. 

4 (3) JUDICIAL REVIEW.—Judicial review of a de5 termination under this section shall be limited to the 

6 review of an order of removal under section 242 of 

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

8 1252). 

9 (i) DISCLOSURES AND PRIVACY.— 

10 (1) PROHIBITED DISCLOSURES.—Except as oth11 erwise provided in this subsection, no officer or em12 ployee of any Federal agency may— 

13 (A) use the information furnished in an 

14 application for lawful status under this section 

15 or section 245B of the Immigration and Na16 tionality Act, as added by section 102, for any 

17 purpose other than to make a determination on 

18 any application by the alien for any immigra19 tion benefit or protection; 

20 (B) make any publication through which 

21 information furnished by any particular appli22 cant can be identified; or 

23 (C) permit anyone other than the sworn of24 ficers, employees, and contractors of such agen25 cy or of another entity approved by the SecVerDate Sep 11 2014 23:32 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4151.IH H4151

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1 retary to examine any individual application for 

2 lawful status under this section or such section 

3 245B. 

4 (2) REQUIRED DISCLOSURES.—The Secretary 

5 shall provide the information furnished in an appli6 cation filed under this section or section 245B of the 

7 Immigration and Nationality Act, as added by sec8 tion 102, and any other information derived from 

9 such furnished information to— 

10 (A) a law enforcement agency, intelligence 

11 agency, national security agency, a component 

12 of the Department of Homeland Security, 

13 court, or grand jury, consistent with law, in 

14 connection with— 

15 (i) a criminal investigation or prosecu16 tion of any felony not related to the appli17 cant’s immigration status; or 

18 (ii) a national security investigation or 

19 prosecution; and 

20 (B) an official coroner for purposes of af21 firmatively identifying a deceased individual, 

22 whether or not the death of such individual re23 sulted from a crime. 

24 (3) AUDITING AND EVALUATION OF INFORMA25 TION.—The Secretary may— 


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1 (A) audit and evaluate information fur2 nished as part of any application filed under 

3 this section or section 245B of the Immigration 

4 and Nationality Act, as added by section 102, 

5 for purposes of identifying immigration fraud or 

6 fraud schemes; and 

7 (B) use any evidence detected by means of 

8 audits and evaluations for purposes of inves9 tigating, prosecuting, referring for prosecution, 

10 or denying or terminating immigration benefits. 

11 (4) PRIVACY AND CIVIL LIBERTIES.— 

12 (A) IN GENERAL.—The Secretary, in ac13 cordance with paragraph (1), shall require ap14 propriate administrative and physical safe15 guards to protect the security, confidentiality, 

16 and integrity of personally identifiable informa17 tion collected, maintained, and disseminated 

18 pursuant to this section and section 245B of 

19 the Immigration and Nationality Act, as added 

20 by section 102. 

21 (B) ASSESSMENTS.—Notwithstanding the 

22 privacy requirements set forth in section 222 of 

23 the Homeland Security Act (6 U.S.C. 142) and 

24 the E–Government Act of 2002 (Public Law 

25 107–347), the Secretary shall conduct a privacy 


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1 impact assessment and a civil liberties impact 

2 assessment of the legalization program estab3 lished under this section and section 245B of 

4 the Immigration and Nationality Act during the 

5 pendency of the final regulations to be issued 

6 pursuant to subsection (j). 

7 (j) RULEMAKING.—Not later than 1 year after the 

8 date of the enactment of this Act, the Secretary shall issue 

9 final regulations to implement this section. 

10 SEC. 102. ADJUSTMENT TO PERMANENT RESIDENT STATUS. 

11 (a) IN GENERAL.—Chapter 5 of title II of the Immi12 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

13 amended by inserting after section 245A the following: 

14 ‘‘SEC. 245B. ADJUSTMENT TO PERMANENT RESIDENT STA15 TUS FOR ALIEN TAXPAYERS. 

16 ‘‘(a) IN GENERAL.—Except as provided in subsection 

17 (b), and not earlier than 5 years after the date of the en18 actment of the Undocumented Taxpayers Opportunity Act 

19 of 2019, the Secretary shall adjust the status of an alien 

20 granted provisional immigrant status to that of an alien 

21 lawfully admitted for permanent residence if the Secretary 

22 determines that the following requirements are satisfied: 

23 ‘‘(1) QUALIFYING TAX PAYMENT.—Except as 

24 provided in paragraph (3), the alien, applicant has 

25 a tax liability that is greater than $0 which has been 


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1 assessed and paid for each of the 3 immediately pre2 ceding taxable years. 

3 ‘‘(2) EVIDENCE.—An alien may demonstrate 

4 compliance with the requirement under paragraph 

5 (1) by submitting to the Secretary— 

6 ‘‘(A) the tax returns of the alien for the 5 

7 taxable years immediately preceding the date of 

8 alien’s application; 

9 ‘‘(B) documentation that may be submitted 

10 under subsection (e)(4); or 

11 ‘‘(C) any other documentation designated 

12 by the Secretary for such purpose. 

13 ‘‘(3) EXTRAORDINARY CIRCUMSTANCES.— 

14 ‘‘(A) IN GENERAL.—In determining wheth15 er an alien has met the requirement under 

16 paragraph (1), the Secretary may credit the 

17 alien with not more than 1 taxable year of com18 pliance with paragraph (1) to meet such re19 quirement if the alien was unable to satisfy a 

20 tax liability for not more than 1 taxable year 

21 due to— 

22 ‘‘(i) pregnancy, disabling injury, or 

23 disease established by the alien through 

24 medical records; 


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1 ‘‘(ii) illness, disease, or other special 

2 needs of the alien’s child established by the 

3 alien through medical records; and 

4 ‘‘(iii) termination from employment, if 

5 the Secretary determines that— 

6 ‘‘(I) the termination was without 

7 just cause; and 

8 ‘‘(II) the alien was unable to find 

9 alternative employment after a rea10 sonable job search. 

11 ‘‘(B) EFFECT OF DETERMINATION.—A de12 termination under subparagraph (A)(iii), with 

13 respect to an alien, shall not be conclusive, 

14 binding, or admissible in a separate or subse15 quent judicial or administrative action or pro16 ceeding between the alien and a current or 

17 prior employer of the alien or any other party. 

18 ‘‘(4) APPLICATION PERIOD.—The alien applies 

19 for adjustment of status before the expiration of the 

20 alien’s provisional immigrant status. 

21 ‘‘(5) FINE.—The alien pays a fine of $400 to 

22 the Secretary, which shall be deposited into the Im23 migration Examinations Fee Account pursuant to 

24 section 286(m). 


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1 ‘‘(b) GROUNDS FOR DENIAL OF ADJUSTMENT OF

2 STATUS.— 

3 ‘‘(1) IN GENERAL.—The Secretary may not ad4 just the status of an alien granted provisional immi5 grant status if the alien— 

6 ‘‘(A) is no longer eligible for provisional 

7 immigrant status; or 

8 ‘‘(B) failed to satisfy the tax liability as re9 quired under subsection (a)(1), after consid10 ering any amount credited by the Secretary 

11 under subsection (a)(3). 

12 ‘‘(2) MAINTENANCE OF WAIVERS OF INADMIS13 SIBILITY.—The grounds of inadmissibility set forth 

14 in section 212(a) that were previously waived for the 

15 alien or made inapplicable shall not apply for pur16 poses of the alien’s adjustment of status under this 

17 section. 

18 ‘‘(3) PENDING REVOCATION PROCEEDINGS.—If 

19 the Secretary has notified the applicant that the 

20 Secretary intends to revoke the applicant’s provi21 sional immigrant status, the Secretary may not ap22 prove an application for adjustment of status under 

23 this section unless the Secretary makes a final deter24 mination not to revoke the applicant’s status. 

25 ‘‘(4) PAYMENT OF TAXES.— 


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

2 an application for adjustment of status under 

3 this section unless the applicant has satisfied 

4 any applicable Federal tax liability. 

5 ‘‘(B) DEFINITION OF APPLICABLE FED6 ERAL TAX LIABILITY.—In this paragraph, the 

7 term ‘applicable federal tax liability’ means all 

8 Federal income taxes assessed in accordance 

9 with section 6203 of the Internal Revenue Code 

10 of 1986 since the date on which the applicant 

11 was authorized to work in the United States in 

12 provisional immigrant status. 

13 ‘‘(C) COMPLIANCE.—An alien may dem14 onstrate compliance with subparagraph (A) by 

15 submitting such documentation as the Sec16 retary, in consultation with the Secretary of the 

17 Treasury, may require by regulation. 

18 ‘‘(c) SPOUSES AND CHILDREN.—Notwithstanding 

19 any other provision of law, the Secretary shall grant per20 manent resident status to the spouse or child of an alien 

21 whose status was adjusted under subsection (a) if— 

22 ‘‘(1) the spouse or child (including any indi23 vidual who was a child on the date such alien was 

24 granted provisional immigrant status) applies for or 

25 received such status; 


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1 ‘‘(2) the principal alien includes the spouse and 

2 children in an application for adjustment of status 

3 to that of a lawful permanent resident; and 

4 ‘‘(3) the spouse or child is not ineligible for 

5 such status. 

6 ‘‘(d) NUMERICAL LIMITATIONS.—The numerical lim7 itations under sections 201 and 202 shall not apply to the 

8 adjustment of aliens to lawful permanent resident status 

9 under this section. 

10 ‘‘(e) SUBMISSION OF APPLICATIONS.— 

11 ‘‘(1) INTERVIEW.—The Secretary may interview 

12 applicants for adjustment of status under this sec13 tion to determine whether the alien meets the eligi14 bility requirements set forth in this section. 

15 ‘‘(2) FEES.— 

16 ‘‘(A) IN GENERAL.—Applicants for adjust17 ment of status under this section shall pay a 

18 processing fee to the Secretary in an amount 

19 that will ensure the recovery of the full costs of 

20 adjudicating such applications, including— 

21 ‘‘(i) the cost of taking and processing 

22 biometric data; 

23 ‘‘(ii) expenses relating to prevention 

24 and investigation of fraud; and 


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1 ‘‘(iii) costs relating to the collection of 

2 such fee. 

3 ‘‘(B) AUTHORITY TO LIMIT FEES.—The 

4 Secretary, by regulation— 

5 ‘‘(i) may limit the maximum proc6 essing fee payable under this paragraph by 

7 a family, including spouses and children; 

8 and 

9 ‘‘(ii) may exempt defined classes of in10 dividuals from the payment of the fee 

11 under subparagraph (A). 

12 ‘‘(3) DISPOSITION OF FEES.—All fees collected 

13 under paragraph (2)(A)— 

14 ‘‘(A) shall be deposited into the Immigra15 tion Examinations Fee Account pursuant to 

16 section 286(m); and 

17 ‘‘(B) shall remain available until expended 

18 pursuant to section 286(n). 

19 ‘‘(4) DOCUMENTATION OF WORK HISTORY.— 

20 ‘‘(A) BURDEN OF PROOF.—An alien apply21 ing for provisional immigrant status under sec22 tion 101 of the Undocumented Taxpayers Op23 portunity Act of 2019 or for adjustment of sta24 tus under subsection (a) shall provide evidence 

25 that the alien has satisfied the tax liability as 


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1 required under subsection (a)(1) of such section 

2 101 or subsection (a)(1) of this section, as ap3 plicable. 

4 ‘‘(B) TIMELY PRODUCTION OF RECORDS.— 

5 If an employer employing such an alien has 

6 kept proper and adequate records respecting 

7 such employment, the alien’s burden of proof 

8 under subparagraph (A) may be met by secur9 ing timely production of those records under 

10 regulations to be promulgated by the Secretary. 

11 ‘‘(C) SUFFICIENT EVIDENCE.—An alien 

12 may meet the burden of proof under subpara13 graph (A) to establish that the alien has satis14 fied the tax liability by producing sufficient evi15 dence to show the extent of that liability and 

16 the satisfaction thereof as a matter of just and 

17 reasonable inference. 

18 ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN APPLI19 CATIONS.— 

20 ‘‘(1) CRIMINAL PENALTY.—Any person who— 

21 ‘‘(A) files an application for provisional im22 migrant status under section 101 of the Un23 documented Taxpayers Opportunity Act of 

24 2019 or for an adjustment of status under this 

25 section and knowingly and willfully falsifies, 


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1 conceals, or covers up a material fact or makes 

2 any false, fictitious, or fraudulent statements or 

3 representations, or makes or uses any false 

4 writing or document knowing the same to con5 tain any false, fictitious, or fraudulent state6 ment or entry; or 

7 ‘‘(B) creates or supplies a false writing or 

8 document for use in making such an applica9 tion, 

10 shall be fined in accordance with title 18, United 

11 States Code, imprisoned not more than 5 years, or 

12 both. 

13 ‘‘(2) INADMISSIBILITY.—An alien who is con14 victed of a crime described in paragraph (1) shall be 

15 deemed inadmissible to the United States on the 

16 ground described in section 212(a)(6)(C)(i). 

17 ‘‘(3) DEPOSIT.—Fines collected under para18 graph (1) shall be deposited into the Immigration 

19 Examinations Fee Account pursuant to section 

20 286(m). 

21 ‘‘(g) ELIGIBILITY FOR LEGAL SERVICES.—Section 

22 504(a)(11) of the Departments of Commerce, Justice, and 

23 State, the Judiciary, and Related Agencies Appropriations 

24 Act, 1996 (Public Law 104–134; 110 Stat. 1321–55) may 

25 not be construed to prevent a recipient of funds under the 


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1 Legal Services Corporation Act (42 U.S.C. 2996 et seq.) 

2 from providing legal assistance directly related to an appli3 cation for provisional immigrant status under section 101 

4 of the Undocumented Taxpayers Opportunity Act of 2019, 

5 to an individual who has been granted provisional immi6 grant status, or for an application for an adjustment of 

7 status under this section. 

8 ‘‘(h) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

9 Aliens applying for provisional immigrant status under 

10 section 101 of the Undocumented Taxpayers Opportunity 

11 Act of 2019 or for adjustment to permanent resident sta12 tus under this section shall be entitled to the rights and 

13 subject to the conditions applicable to other classes of 

14 aliens under section 242.’’. 

15 (b) CONFORMING AMENDMENT.—Section 201(b)(1) 

16 of the Immigration and Nationality Act (8 U.S.C. 

17 1151(b)(1)) is amended— 

18 (1) by redesignating subparagraph (E) as sub19 paragraph (F); and 

20 (2) by inserting after subparagraph (D) the fol21 lowing: 

22 ‘‘(E) Aliens granted lawful permanent resi23 dent status under section 245B.’’. 

24 (c) CLERICAL AMENDMENT.—The table of contents 

25 of the Immigration and Nationality Act (8 U.S.C. 1101 


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1 note) is amended by inserting after the item relating to 

2 section 245A the following: 

‘‘Sec. 245B. Adjustment to permanent resident status for alien taxpayers.’’. 

3 SEC. 103. USE OF INFORMATION. 

4 Beginning not later than the first day of the applica5 tion period described in section 101(b)(3), the Secretary, 

6 in cooperation with qualified designated entities, shall 

7 broadly disseminate information regarding— 

8 (1) the benefits that aliens may receive under 

9 this title and the amendments made by this title; 

10 and 

11 (2) the requirements that an alien is required 

12 to meet to receive such benefits. 

13 SEC. 104. REPORTS ON PROVISIONAL IMMIGRANTS. 

14 Not later than six months after the publication of the 

15 final rule under section 101(j), and annually thereafter for 

16 the following eight years, the Secretary shall submit a re17 port to Congress that identifies, for the previous fiscal 

18 year— 

19 (1) the number of aliens who applied for provi20 sional immigrant status; 

21 (2) the number of aliens who were granted pro22 visional immigrant status; 

23 (3) the number of aliens who applied for an ad24 justment of status pursuant to section 245B(a) of 


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1 the Immigration and Nationality Act, as added by 

2 section 102; and 

3 (4) the number of aliens who received an ad4 justment of status pursuant such section 245B(a). 

5 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated to the Sec7 retary such amounts as may be necessary to implement 

8 this title, including any amounts needed for costs associ9 ated with the initiation of such implementation during fis10 cal years 2019 and 2020. 

11 TITLE II—CORRECTION OF 

12 SOCIAL SECURITY RECORDS 

13 SEC. 201. CORRECTION OF SOCIAL SECURITY RECORDS. 

14 (a) IN GENERAL.—Section 208(e)(1) of the Social 

15 Security Act (42 U.S.C. 408(e)(1)) is amended— 

16 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

17 the end; 

18 (2) in subparagraph (C), by inserting ‘‘or’’ at 

19 the end; 

20 (3) by inserting after subparagraph (C) the fol21 lowing: 

22 ‘‘(D) who is granted provisional immigrant 

23 status under section 101 of the Undocumented 

24 Taxpayers Opportunity Act of 2019,’’; and 


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1 (4) in the undesignated matter following sub2 paragraph (D), as added by paragraph (3), by strik3 ing ‘‘1990.’’ and inserting ‘‘1990, or in the case of 

4 an alien described in subparagraph (D), if such con5 duct is alleged to have occurred before the date on 

6 which the alien was granted provisional immigrant 

7 status under section 101(a) of the Undocumented 

8 Taxpayers Opportunity Act of 2019.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall take effect on the first day of the sev11 enth month that begins after the date of the enactment 

12 of this Act. 

13 TITLE III—DEFINITIONS 

14 SEC. 301. DEFINITIONS. 

15 In this Act: 

16 (1) PROVISIONAL IMMIGRANT STATUS.—The 

17 term ‘‘provisional immigrant status’’ means the sta18 tus of an alien who has been lawfully admitted into 

19 the United States for temporary residence under 

20 section 101. 

21 (2) CHILD.—The term ‘‘child’’ has the meaning 

22 given such term in section 101(b)(1) of the Immi23 gration and Nationality Act (8 U.S.C. 1101(b)(1)). 

24 (3) CONTINUOUS PRESENCE.—An alien shall be 

25 deemed to have maintained ‘‘continuous presence’’ in 


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1 the United States for purposes of section 

2 101(a)(1)(B)(iii) if any absences from the United 

3 States during the applicable period were brief, cas4 ual, and innocent, whether or not such absences 

5 were authorized by the Secretary. 

6 (4) QUALIFIED DESIGNATED ENTITY.—The 

7 term ‘‘qualified designated entity’’ means any entity 

8 designated by the Secretary. 

9 (5) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Homeland Security. 

Æ 


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