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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2381 Introduced in Senate (IS)]

108th CONGRESS
  2d Session
                                S. 2381

  To provide for earned adjustment to reward work, reunify families, 
 establish a temporary worker program that protects United States and 
foreign workers, and strengthen national security under the immigration 
                       laws of the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2004

 Mr. Kennedy (for himself, Mr. Feingold, and Mrs. Clinton) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To provide for earned adjustment to reward work, reunify families, 
 establish a temporary worker program that protects United States and 
foreign workers, and strengthen national security under the immigration 
                       laws of the United States.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as--
            (1) the ``Safe, Orderly, Legal Visas and Enforcement Act of 
        2004''; or
            (2) the ``S.O.L.V.E. Act of 2004''.

                   TITLE I--EARNED ADJUSTMENT PROGRAM

SEC. 101. ADJUSTMENT OF STATUS.

    (a) Principal Aliens.--Notwithstanding any other provision of law, 
the Secretary of Homeland Security shall adjust to the status of an 
alien lawfully admitted for permanent residence an alien who satisfies 
the following requirements:
            (1) Application.--The alien shall file an application 
        establishing eligibility for adjustment of status and pay the 
        requisite filing fee under section 115, not later than 2 years 
        after the date of the issuance of final regulations 
        implementing this title.
            (2) Continuous physical presence.--
                    (A) In general.--The alien shall establish that the 
                alien--
                            (i) was physically present in the United 
                        States, lawfully or unlawfully, for at least 5 
                        years preceding the date on which this Act was 
                        introduced;
                            (ii) on such date, was not legally present 
                        in the United States pursuant to any 
                        classification set forth in section 101(a)(15) 
                        of the Immigration and Nationality Act (with 
                        the exception of subparagraph (V) of such 
                        section); and
                            (iii) has not departed from the United 
                        States except pursuant to the following 
                        parameters:
                                    (I) Single departures of 90 days or 
                                less, and multiple departures totaling 
                                180 days or less, will not be 
                                considered to interrupt continuous 
                                physical presence for purposes of this 
                                section.
                                    (II) The burden will be on the 
                                alien to demonstrate that all single 
                                departures exceeding 90 days, and 
                                multiple departures totaling more than 
                                180 days, were due to exceptional 
                                circumstances.
                                    (III) Departures pursuant to 
                                voluntary departure shall not in 
                                themselves be considered to interrupt 
                                the period of physical presence.
                    (B) Construction.--A person who has violated any 
                conditions of his visa shall not be considered to be 
                legally present for purposes of subparagraph (A).
            (3) Admissible under immigration laws.--In establishing 
        admissibility to the United States, the alien shall establish 
        that the alien is not inadmissible under section 212(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)), except for 
        any provision of that section that is not applicable or waived 
        under section 102.
            (4) Employment in united states.--
                    (A) In general.--The alien shall have been 
                employed, including self-employment, lawfully or 
                unlawfully, in the United States, in the aggregate, for 
                at least 2 years of the 5 years immediately preceding 
                the date on which this Act was introduced. For purposes 
                of this section, either 1,800 hours or 260 days shall 
                constitute 2 years of employment. An alien shall not be 
                required to complete such employment requirements with 
                the same employer.
                    (B) Exception.--Subparagraph (A) shall not apply to 
                an individual who is under 21 years of age on the date 
                on which the application was filed under this section. 
                Subparagraph (A) also shall not apply to an individual 
                who has not been employed as a result of pregnancy, or 
                because of primary caretaker responsibilities of a 
child or other person who requires supervision or is unable to take 
care of him or herself.
                    (C) Disability.--In determining whether an alien 
                has met the requirements of (A), the Secretary of 
                Homeland Security shall credit the alien with any 
                workdays lost because the alien was unable to work due 
                to injury or disease arising out of and in the course 
                of the alien's employment, if the alien can establish 
                such disabling injury or disease through medical 
                records.
                    (D) Educational alternative.--School attendance by 
                an alien after the age of 18 years of each year of high 
                school, or postsecondary education (at least half-time) 
                shall constitute one year of employment for purposes of 
                this section.
                    (E) Evidence of employment.--
                            (i) Conclusive documents.--For purposes of 
                        satisfying the requirement in subparagraph (A), 
                        the alien shall submit at least 1 of the 
                        following documents for each period of 
                        employment, which shall be considered 
                        conclusive evidence of such employment:
                                    (I) Records maintained by the 
                                Social Security Administration.
                                    (II) Records maintained by an 
                                employer, such as pay stubs, time 
                                sheets, or employment work 
                                verification.
                                    (III) Records maintained by the 
                                Internal Revenue Service.
                                    (IV) Records maintained by a labor 
                                union, day labor center, or an 
                                organization that assists workers in 
                                matters related to employment.
                                    (V) Records maintained by any other 
                                government agency, such as worker 
                                compensation records, disability 
                                records, or business licensing records.
                            (ii) Other documents.--Aliens unable to 
                        submit a document described in clause (i) shall 
                        submit at least 2 other types of reliable 
                        documents, including sworn declarations for 
                        each period of employment to satisfy the 
                        requirement in subparagraph (A). Such documents 
                        may include:
                                    (I) Bank records.
                                    (II) Business records.
                                    (III) Affidavits from nonrelatives 
                                who have direct knowledge of the 
                                applicant's work.
                                    (IV) Remittance records.
                                    (V) Business correspondence.
                            (iii) Intent of congress.--It is the intent 
                        of Congress that the requirement in 
                        subparagraph (A) be interpreted and implemented 
                        in a manner that recognizes and takes into 
                        account the difficulties encountered by aliens 
                        in obtaining evidence of employment due to the 
                        undocumented status of the alien.
                    (F) Burden of proof.--An alien applying for 
                adjustment of status under this section has the burden 
                of proving by a preponderance of the evidence that the 
                alien has worked the requisite time period (as required 
                under subparagraph (A)). An alien may meet such burden 
                of proof by producing sufficient evidence to show the 
                extent of that employment as a matter of just and 
                reasonable inference. In such a case, the burden then 
                shifts to the Secretary of Homeland Security to 
                disprove the alien's evidence with a showing which 
                negates the reasonableness of the inference to be drawn 
                from the evidence.
            (5) Payment of income taxes.--Not later than the date on 
        which status is adjusted under this section, the alien shall 
        establish the payment of all Federal income taxes owed for 
        employment during the period of employment required under 
        paragraph (4)(A). The alien may satisfy such requirement by 
        establishing that--
                    (A) no such tax liability exists;
                    (B) all outstanding liabilities have been met; or
                    (C) the alien has entered into an agreement for 
                payment of all outstanding liabilities with the 
                Internal Revenue Service (IRS).
                    (D) The IRS shall be directed to cooperate in 
                providing documentation to the alien pursuant to this 
                title.
            (6) Basic citizenship skills.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the alien shall establish that the alien meets the 
                requirements of section 312(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1423(a)) (relating to minimal 
                understanding of ordinary English and a knowledge and 
                understanding of the history and government of the 
                United States), or is pursuing, or is enrolled or 
                registered to pursue such knowledge and understanding 
                of English and civics.
                    (B) Exceptions.--The requirements of subparagraph 
                (A) shall not apply to any person who is 55 years of 
                age or older or who is unable to comply with those 
                requirements because of a physical or developmental 
                disability or mental impairment.
                    (C) Authorization of appropriations.--There are 
                authorized to be appropriated such sums for English and 
                civics classes as are necessary to carry out this 
                section.
            (7) Security and law enforcement clearances.--The alien 
        shall submit fingerprints in accordance with procedures 
        established by the Secretary of Homeland Security. Such 
        fingerprints shall be submitted to relevant Federal agencies to 
        be checked against existing databases for information relating 
        to criminal, national security, or other law enforcement 
        actions that would render the alien ineligible for adjustment 
        of status under this section. The relevant Federal agencies 
        shall work to ensure that such clearances are completed as 
        expeditiously as possible. An appeal of a denial by the 
        Secretary of Homeland Security shall be processed through the 
        Administrative Appeals Office of the Bureau of Citizenship and 
        Immigration Services.
            (8) Military selective service.--The alien shall establish 
        that if the alien is within the age period required under the 
        Military Selective Service Act (50 U.S.C. App. 451 et seq.), 
        that such alien has registered under that Act.
    (b) Spouses and Children.--
            (1) In general.--
                    (A) Adjustment of status.--Notwithstanding any 
                other provision of law, the Secretary of Homeland 
                Security shall, if otherwise eligible under paragraph 
                (2), adjust the status to that of a lawful permanent 
                resident for, or provide an immigrant visa to--
                            (i) the spouse or child, defined as a 
                        person who was under 21 years of age on the 
                        date of the enactment of this Act, of an alien 
                        who adjusts status to that of a permanent 
resident under subsection (a); or
                            (ii) an alien who, within 5 years preceding 
                        such date, was the spouse or child of an alien 
                        who adjusts status or is eligible to adjust 
                        status to that of a permanent resident under 
                        subsection (a), if--
                                    (I) the termination of the 
                                qualifying relationship was connected 
                                to domestic violence; and
                                    (II) the spouse or child has been 
                                battered or subjected to extreme 
                                cruelty by the spouse or parent who 
                                adjusts status to that of a permanent 
                                resident under subsection (a).
                    (B) Application of other law.--In acting on 
                applications filed under this subsection with respect 
                to aliens who have been battered or subjected to 
                extreme cruelty, the Secretary of Homeland Security 
                shall apply the provisions of section 204(a)(1)(J) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1154(a)(1)(J)) and the protections, prohibitions, and 
                penalties under section 384 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (8 
                U.S.C. 1367).
            (2) Waiver of inadmissibility.--In establishing 
        admissibility to the United States, the spouse or child 
        described in paragraph (1) shall establish that they are not 
        inadmissible under section 212(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)), except for any provision of 
        that section that is not applicable or waived under section 
        102.
            (3) Security and law enforcement clearance.--The spouse or 
        child, if that child is 14 years of age or older, described in 
        paragraph (1) shall submit fingerprints in accordance with 
        procedures established by the Secretary of Homeland Security. 
        Such fingerprints shall be submitted to relevant Federal 
        agencies to be checked against existing databases for 
        information relating to criminal, national security, or other 
        law enforcement actions that would render the alien ineligible 
        for adjustment of status under this section. The relevant 
        Federal agencies shall work to ensure that such clearances are 
        completed as expeditiously as possible. An appeal of a denial 
        by the Secretary of Homeland Security shall be processed 
        through the Administrative Appeals Office of the Bureau of 
        Citizenship and Immigration Services.
    (c) Nonapplicability of Numerical Limitations.--When an alien is 
granted lawful permanent resident status under this section, the number 
of immigrant visas authorized to be issued under any provision of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall not be 
reduced.

SEC. 102. GROUNDS OF INADMISSIBILITY.

    In the determination of an alien's admissibility under subsections 
(a)(3) or (b)(2) of section 101, the following shall apply:
            (1) Grounds that may not be waived.--The following 
        provisions of section 212(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1182(a)) may not be waived by the Secretary of 
        Homeland Security or the Secretary of State under paragraph 
        (3)(A):
                    (A) Subparagraphs (A), (B), (C), (E), (G), (H), and 
                (I) of paragraph (2) of such section (relating to 
                criminals).
                    (B) Paragraph (3) of such section (relating to 
                security and related grounds).
                    (C) Subparagraphs (A) and (C) of paragraph (10) of 
                such section (relating to polygamists and child 
                abductors).
            (2) Grounds of inadmissibility not applicable.--The 
        provisions of paragraphs (4), (5), (6)(A), (6)(B), (6)(C), 
        (6)(F), (6)(G), (7), (9), and (10)(B) of section 212(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
        apply.
            (3) Waiver of other grounds.--
                    (A) In general.--Except as provided in paragraph 
                (1), the Secretary of Homeland Security or the 
                Secretary of State may waive any provision of section 
                212(a) of the Immigration and Nationality Act (8 U.S.C. 
                1182(a)) in the case of individual aliens for 
                humanitarian purposes, to ensure family unity, or when 
                it is otherwise in the public interest.
                    (B) Construction.--Nothing in this paragraph shall 
                be construed as affecting the authority of the 
                Secretary of Homeland Security or the Secretary of 
                State other than under this paragraph to waive the 
                provisions of section 212(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)).
            (4) Special rule for individuals where there is no 
        commercial purpose.--An alien is not ineligible for adjustment 
        of status under section 101 by reason of a ground of 
        inadmissibility under section 212(a)(6)(E) of the Immigration 
        and Nationality Act (8 U.S.C. 1182(a)(6)(E)) if the alien 
        establishes that the action referred to in that section was 
        taken for humanitarian purposes, to ensure family unity, or was 
        otherwise in the public interest.
            (5) Applicability of other provisions.--Section 241(a)(5) 
        of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) 
        and section 240B(d) of that Act (8 U.S.C. 1229c(d)) shall not 
        apply with respect to an alien who is applying for adjustment 
        of status under section 101.

SEC. 103. TREATMENT OF APPLICANTS.

    (a) In General.--An alien who files an application under section 
101 for adjustment of status, including a spouse or child who files for 
adjustment of status under section 101(b)--
            (1) shall be granted employment authorization pending final 
        adjudication of the alien's application for adjustment of 
        status;
            (2) shall be granted permission to travel abroad pursuant 
        to regulation pending final adjudication of alien's application 
        for adjustment of status;
            (3) shall not be detained, determined inadmissible or 
        deportable, or removed pending final adjudication of the 
        alien's application for adjustment of status, unless the alien 
        commits an act which renders the alien ineligible for such 
        adjustment of status; and
            (4) shall not be considered an unauthorized alien (as 
        defined in section 274A(h)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1324a(h)(3))) until such time as 
        employment authorization under paragraph (1) is denied.
    (b) Security and Law Enforcement Clearance.--Before an alien is 
granted employment authorization or permission to travel under 
subsection (a), the alien shall be required to undergo a name check 
against existing databases for information relating to criminal, 
national security, or other law enforcement actions. The relevant 
Federal agencies shall work to ensure that such name checks are 
completed not later than 90 days after the date on which the name check 
is requested.
    (c) Biometric Documents.--The Secretary of Homeland Security shall 
issue to each alien described in paragraph (a) a machine-readable 
tamper-resistant document that uses biometric identifiers consistent 
with the requirements of section 303 of the Enhanced Border Security 
Visa Reform Act, Public Law 107-173, and represents the benefits and 
status set forth therein.
    (d) Termination of Proceedings.--An alien in removal proceedings 
who establishes prima facie eligibility for adjustment of status under 
section 101 shall be entitled to a termination of immigration 
proceedings pending the outcome of the alien's application, unless the 
proceedings are based on criminal or national security grounds.

SEC. 104. APPREHENSION BEFORE APPLICATION PERIOD.

    The Secretary of Homeland Security shall provide that, in the case 
of an alien who is apprehended before the beginning of the application 
period described in section 101 and who can establish prima facie 
eligibility to have the alien's status adjusted under that section (but 
for the fact that the alien may not apply for such adjustment until the 
beginning of such period), until the alien has had the opportunity 
during the first 180 days of the application period to complete the 
filing of an application for adjustment, the alien--
            (1) may not be detained solely for a violation of 
        immigration status as described in section 102(2);
            (2) may not be removed from the United States; and
            (3) shall be granted employment authorization after 
        undergoing all clearances determined appropriate by the 
        Secretary of Homeland Security.

SEC. 105. CONFIDENTIALITY OF INFORMATION.

    (a) In General.--Except as otherwise provided in this title, no 
Federal agency or bureau, nor any officer or employee of such agency or 
bureau, may--
            (1) use the information furnished by the applicant pursuant 
        to an application filed under subsection (a) or (b) of section 
        101 for any purpose other than to make a determination on the 
        application;
            (2) make any publication through which the information 
        furnished by any particular applicant can be identified; or
            (3) permit anyone other than the sworn officers and 
        employees of such agency or bureau or, with respect to 
        applications filed with a recognized organization under section 
        112, that recognized organization, to examine individual 
        applications.
    (b) Required Disclosures.--Notwithstanding subsections (b) and (c) 
of section 112, the Secretary of Homeland Security and the Secretary of 
State shall provide the information furnished pursuant to an 
application filed under subsection (a) or (b) of section 101, and any 
other information derived from such furnished information, to a duly 
recognized law enforcement entity in connection with a criminal 
investigation or prosecution or a national security investigation or 
prosecution, in each instance about an individual suspect or group of 
suspects, when such information is requested in writing by such entity.
    (c) Criminal Penalty.--Any person who knowingly uses, publishes, or 
permits information to be examined in violation of this section shall 
be fined not more than $10,000.

SEC. 106. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.

    (a) Criminal Penalty.--
            (1) Violation.--It shall be unlawful for any person--
                    (A) to file or assist in filing an application for 
                adjustment of status under this title and knowingly and 
                willfully falsify, conceal, or cover up a material fact 
                or make any false, fictitious, or fraudulent statements 
                or representations, or make or use any false writing or 
                document knowing the same to contain any false, 
fictitious, or fraudulent statement or entry; or
                    (B) to create or supply a false writing or document 
                for use in making such an application.
            (2) Penalty.--Any person who violates paragraph (1) shall 
        be fined in accordance with title 18, United States Code, 
        imprisoned not more than 5 years, or both.
    (b) Inadmissibility.--An alien who is convicted of a crime under 
subsection (a) shall be considered to be inadmissible to the United 
States on the ground described in section 212(a)(6)(C)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).
    (c) Exception.--Notwithstanding subsections (a) and (b), any alien 
or other entity (including an employer or union) that submits an 
employment record that contains incorrect data that the alien used in 
order to obtain such employment, shall not, on that ground, be 
determined to have violated this section.

SEC. 107. INELIGIBILITY FOR PUBLIC BENEFITS.

    An alien whose status has been adjusted in accordance with section 
101 shall be ineligible for any Federal means-tested public benefit as 
defined for purposes of section 403 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613) unless the 
alien meets the alien eligibility criteria for such benefit provided 
under title IV of such Act (8 U.S.C. 1601 et seq.).

SEC. 108. RELATIONSHIPS OF APPLICATION TO CERTAIN ORDERS.

    (a) In General.--An alien who is present in the United States and 
has been ordered excluded, deported, removed, or to depart voluntarily 
from the United States under any provision of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) may, notwithstanding such 
order, apply for adjustment of status under section 101. Such an alien 
shall not be required, as a condition of submitting or granting such 
application, to file a separate motion to reopen, reconsider, or vacate 
the exclusion, deportation, removal or voluntary departure order. If 
the Secretary of Homeland Security grants the application, the 
Secretary of Homeland Security shall cancel such order. If the 
Secretary of Homeland Security renders a final administrative decision 
to deny the application, such order shall be effective and enforceable 
90 days after the date of the denial.
    (b) Stay of Removal.--The filing of an application described in 
subsection (a) shall stay the removal of the alien pending final 
adjudication of the application. Nothing in this section affects review 
and stays of removal under section 110.

SEC. 109. APPLICATION OF OTHER IMMIGRATION AND NATIONALITY ACT 
              PROVISIONS.

    Nothing in this title shall preclude an alien who may be eligible 
to be granted adjustment of status under section 101 from seeking such 
status under any other provision of law for which the alien may be 
eligible.

SEC. 110. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) In General.--Except as provided in this section, there shall be 
no administrative or judicial review of a determination respecting an 
application for adjustment of status under section 101.
    (b) Administrative Review.--
            (1) Single level of administrative appellate review.--The 
        Secretary of Homeland Security shall establish an appellate 
        authority within the Bureau of Citizenship and Immigration 
        Services to provide for a single level of administrative 
        appellate review of a determination respecting an application 
        for adjustment of status under section 101.
            (2) Standard for review.--Administrative appellate review 
        referred to in paragraph (1) shall be based solely upon the 
        administrative record established at the time of the 
        determination on the application and upon the presentation of 
        additional or newly discovered evidence during the time of the 
        pending appeal.
    (c) Judicial Review.--
            (1) Direct review.--A person whose application for 
        adjustment of status under section 101 is denied after 
        administrative appellate review under subsection (b) may seek 
        review of such denial, in accordance with chapter 7 of title 5, 
        United States Code, before the United States district court for 
        the district in which the person resides.
            (2) Review after removal proceedings.--There shall be 
        judicial review in the Federal courts of appeal of the denial 
        of an application for adjustment of status under section 101 in 
        conjunction with judicial review of an order of removal, 
        deportation, or exclusion, but only if the validity of the 
        denial has not been upheld in a prior judicial proceeding under 
        paragraph (1). Notwithstanding any other provision of law, the 
        standard for review of such a denial shall be governed by 
        paragraph (3).
            (3) Standard for judicial review.--Judicial review of a 
        denial of an application under this title shall be based solely 
        upon the administrative record established at the time of the 
        review. The findings of fact and other determinations contained 
        in the record shall be conclusive unless the applicant can 
        establish abuse of discretion or that the findings are directly 
        contrary to clear and convincing facts contained in the record, 
        considered as a whole.
            (4) Jurisdiction of courts.--Notwithstanding any other 
        provision of law, the district courts of the United States 
        shall have jurisdiction over any cause or claim arising from a 
        pattern or practice of the Secretary of Homeland Security in 
        the operation or implementation of this title that is 
        arbitrary, capricious, or otherwise contrary to law, and may 
        order any appropriate relief. The district courts may order any 
        appropriate relief in accordance with the preceding sentence 
        without regard to exhaustion, ripeness, or other standing 
        requirements, if the court determines that resolution of such 
        cause or claim will serve judicial and administrative 
        efficiency or that a remedy would otherwise not be reasonably 
        available or practicable.
    (d) Stay of Removal.--Aliens seeking administrative or judicial 
review under this section shall not be removed from the United States 
until a final decision is rendered establishing ineligibility under 
this title.

SEC. 111. DISSEMINATION OF INFORMATION ON ADJUSTMENT PROGRAM.

    The Secretary of Homeland Security, in cooperation with recognized 
organizations described in section 112 shall broadly disseminate 
information respecting adjustment of status under this title and the 
requirements to be satisfied to obtain such status. The Secretary of 
Homeland Security shall also disseminate information to employers and 
labor organizations to advise them of the rights and protections 
available to them and to workers who file applications under this 
title. Such information shall be broadly disseminated, in the top 10 
languages spoken by the aliens expected to qualify for adjustment of 
status under this title, including to television, radio, and print 
media such aliens would have access to.

SEC. 112. ENTITIES QUALIFIED TO RECEIVE APPLICATIONS.

    (a) In General.--For purposes of assisting in the adjustment of 
status program provided under this title, the Secretary of Homeland 
Security shall authorize organizations recognized by the Board of 
Immigration Appeals to receive applications filed under section 101.
    (b) Treatment of Applications by Recognized Organizations.--Each 
recognized organization shall agree to forward all applications filed 
with the entity to the Secretary of Homeland Security, but only if the 
applicant has consented to such forwarding in writing.
    (c) Limitation on Access to Information.--Files and records of 
recognized organizations relating to an alien's seeking assistance or 
information with respect to filing an application under this title are 
confidential and no government agency shall have access to such files 
or records without the consent of the alien or pursuant to a legally 
recognized subpoena.

SEC. 113. CORRECTION OF SOCIAL SECURITY RECORDS.

    Section 208(d)(1) of the Social Security Act (42 U.S.C. 408(d)(1)) 
is amended--
            (1) in subparagraph (B), by striking ``or'' at the end of 
        clause (ii);
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
                    ``(D) whose status is adjusted to that of lawful 
                permanent resident under title I of the S.O.L.V.E. Act 
                of 2004,''; and
            (4) by striking ``1990.'' and inserting ``1990, or in the 
        case of an alien described in subparagraph (D), if such conduct 
        is alleged to have occurred prior to the date on which the 
        alien became lawfully admitted for temporary residence.''.

SEC. 114. EMPLOYER PROTECTIONS.

    (a) Immigration Status of Alien.--Employers of aliens applying for 
adjustment of status under this title shall not be subject to civil and 
criminal tax liability relating directly to the employment of such 
alien.
    (b) Provision of Employment Records.--Employers that provide 
unauthorized aliens with copies of employment records or other evidence 
of employment pursuant to an application for adjustment of status under 
this title or any other application or petition pursuant to other 
provisions of the immigration laws, shall not be subject to civil and 
criminal liability pursuant to section 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324a) for employing such unauthorized 
aliens.
    (c) Applicability of Other Law.--Nothing in this section shall be 
used to shield an employer from liability pursuant to section 274B of 
the Immigration and Nationality Act (8 U.S.C. 1324b) or any other labor 
and employment law provisions.

SEC. 115. AUTHORIZATION OF FUNDS; FEES.

    (a) Authorization of Funds.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Homeland Security such sums as may be 
        necessary to--
                    (A) commence the processing of applications filed 
                under this title and title II of this Act;
                    (B) reimburse or make grants to qualified 
                designated entities described in section 113 to carry 
                out the functions described in sections 112 and 113; 
                and
                    (C) otherwise carry out this title.
            (2) Period of authorization.--Funds appropriated pursuant 
        to this subsection shall be available until expended.
            (3) Sense of congress.--It is the sense of Congress that 
        funds authorized under paragraph (1)(A) should be directly 
        appropriated so as to facilitate the orderly and timely 
        commencement of the processing of applications filed under this 
        title.
    (b) Application Fee.--An alien who files an application under this 
title shall pay an application fee, set by the Secretary of Homeland 
Security, at a level equal to the full cost of adjudicating such 
applications.
    (c) Additional Amounts Owed.--Prior to the adjudication of an 
application for adjustment of status filed under this title, the alien 
shall pay an amount equaling $500, but such amount shall not be 
required from an alien under the age of 21.
    (d) Use of Amounts Collected.--The Secretary of Homeland Security 
shall deposit payments received under this section in the Immigration 
Examinations Fee Account, and these payments in such account shall be 
available, without fiscal year limitation, to cover administrative and 
other expenses incurred in connection with the review of applications 
filed under this title and in title II of this Act. Any remaining funds 
not used in accordance with this subsection shall be used to process 
other applications for adjustment of status or naturalization.

SEC. 116. ALIENS WHO DO NOT SATISFY THE REQUIREMENTS FOR EARNED 
              ADJUSTMENT OF STATUS.

    (a) Eligibility for Transitional Status.--Any alien who is 
physically present in the United States, whether lawfully or 
unlawfully, on the date of introduction of this Act, who on such date 
was not legally present pursuant to any classification set forth in 
section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) (with the exception of subparagraph (V) of such section), 
and who cannot satisfy the requirements of subparagraph (2) or (4) of 
section 101(a) of this Act shall be eligible--
            (1) to apply for a transitional status without having to 
        depart the United States, which shall have a duration period of 
not more than 5 years from the date of issuance of the transitional 
status; and
            (2) be granted employment authorization and permission to 
        travel abroad for a period of time coextensive with the 
        validity period of the transitional status.
    (b) Security and Law Enforcement Clearance.--Before an alien 
described in subsection (a) is granted employment authorization or 
permission to travel abroad, such alien shall be required to undergo a 
name check against existing databases for information relating to 
criminal, security, and other law enforcement actions. The relevant 
Federal agencies shall work to ensure that such name checks are 
completed as expeditiously as possible.
    (c) Biometric Documents.--The Secretary of Homeland Security shall 
issue to each alien described in subsection (a) a machine-readable, 
tamper-resistant document that uses biometric identifiers consistent 
with the requirements of section 303 of the Enhanced Border Security 
Visa Reform Act, Public Law 107-173, and represents the benefits and 
status set forth therein.
    (d) Eligibility for Adjustment of Status.--An alien who is granted 
employment authorization under subsection (a) and is lawfully employed 
in the United States in the aggregate, for at least 2 years of the 5 
years immediately following the date on which this Act was introduced, 
shall be eligible for adjustment of status to that of a lawful 
permanent resident. For purposes of this section, either 1,800 hours or 
260 days shall constitute 2 years of employment. An alien shall not be 
required to complete such employment with the same employer. Section 
101(a)(4)(C) shall apply to such an alien for purposes of satisfying 
the lawful employment requirement under this subsection.
    (e) Adjustment of Status.--An alien who meets the requirements of 
subsection (d) and applies for adjustment of status to that of a lawful 
permanent resident shall be required to comply with the requirements of 
paragraphs (3), (5), (6), (7), and (8) of section 101(a). In 
adjudicating such an application, the Secretary of Homeland Security 
shall determine the admissibility of the alien in accordance with 
section 102.
    (f) Spouses and Children.--
            (1) Adjustment of status.--Notwithstanding any other 
        provision of law, the Secretary of Homeland Security shall, if 
        otherwise eligible under section 102, adjust the status to that 
        of a lawful permanent resident or provide an immigrant visa 
        to--
                    (A) the spouse or child of an alien who adjusts 
                status or is eligible to adjust status to that of a 
                lawful permanent resident under subsection (a); or
                    (B) an alien who was the spouse or child of an 
                alien who adjusts status to that of a lawful permanent 
                resident under this section, if--
                            (i) the termination of the qualifying 
                        relationship was connected to domestic 
                        violence; and
                            (ii) the spouse or child has been battered 
                        or subjected to extreme cruelty by the spouse 
                        or parent who adjusts status to that of a 
                        lawful permanent resident under this section.
            (2) Application of other law.--In acting on applications 
        filed under this section with respect to aliens who have been 
        battered or subjected to extreme cruelty, the Secretary of 
        Homeland Security shall apply the provisions of section 
        204(a)(1)(J) of the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(J)) and the protections, prohibitions, and penalties 
        under section 384 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
    (g) Nonapplicability of Numerical Limitations.--When an alien is 
granted adjustment of status under this section, the number of 
immigrant visas authorized to be issued under any provision of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall not be 
reduced.

SEC. 117. ELIGIBILITY FOR LEGAL SERVICES.

    Section 504(a)(11) of Public Law 104-134 (110 Stat. 1321-53 et 
seq.) shall not be construed to prevent a recipient of funds under the 
Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing 
legal assistance directly related to an application for adjustment of 
status under this title.

SEC. 118. ADJUSTMENT OF STATUS FOR CERTAIN ENTRANTS.

    (a) Exemption of Certain Class Members.--Effective November 6, 
1986, subsection (f)(4)(C) of section 245A of the Immigration and 
Nationality Act (8 U.S.C. 1255a) shall not apply to a class member in 
Northwest Immigrant Right Project et al. v. USCIS et al., No. 88-379 
(W.D. Washington) (formerly Immigrant Assistance Project v. INS).
    (b) Waiver for Legalization Applicants Denied Because of Section 
245A(g)(2)(B).--
            (1) In general.--Section 245A(g)(2)(B)(i) of the 
        Immigration and Nationality Act (8 U.S.C. 1255a(g)(2)(B)(i)) is 
        amended by striking ``and'' at the end and inserting the 
        following: ``except that if a waiver of inadmissibility is 
        granted pursuant to subsection (d)(2)(B), then the alien shall 
        be deemed to have maintained continuous residence in the United 
        States, and''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall be effective as if included in the enactment of the 
        Immigration Reform and Control Act of 1986.

SEC. 119. ISSUANCE OF REGULATIONS.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall issue regulations to implement 
this title.

                     TITLE II--FAMILY REUNIFICATION

SEC. 201. TREATMENT OF IMMEDIATE RELATIVES WITH RESPECT TO THE FAMILY 
              IMMIGRATION CAP.

    (a) Exemption of Immediate Relatives From Family-Sponsored 
Immigrant Cap.--Section 201(c)(1)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1151(c)(1)(A)) is amended by striking clauses (i), (ii), 
and (iii) and inserting the following:
            ``(i) 480,000, minus;
            ``(ii) the number computed under paragraph (3); plus
            ``(iii) the number (if any) computed under paragraph 
        (2).''.
    (b) Technical and Conforming Amendments.--Section 201(c) of the 
Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (2), (3), and (4), respectively.

SEC. 202. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LEGAL 
              PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.

    (a) Immediate Relatives.--Section 201(b)(2)(A)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is 
amended--
            (1) in the first sentence, by inserting ``or the spouses 
        and children of aliens lawfully admitted for permanent 
        residence,'' after ``United States,'';
            (2) in the second sentence--
                    (A) by inserting ``or lawful permanent resident'' 
                after ``citizen'' each place that term appears; and
                    (B) by inserting ``or lawful permanent resident's'' 
                after ``citizen's'' each place that term appears;
            (3) in the third sentence, by inserting ``or the lawful 
        permanent resident loses lawful permanent resident status'' 
        after ``United States citizenship''; and
            (4) by adding at the end the following: ``A spouse or 
        child, as defined in subparagraph (A), (B), (C), (D), or (E) of 
        section 101(b)(1) shall be entitled to the same status, and the 
        same order of consideration provided in the respective 
        subsection, if accompanying or following to join the spouse or 
        parent. The same treatment shall apply to parents of citizens 
        of the United States being entitled to the same status, and the 
        same order of consideration provided in the respective 
        subsection, if accompanying or following to join their daughter 
        or son.''.
    (b) Allocation of Immigrant Visas.--Section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended--
            (1) in paragraph (1), by striking ``23,400'' and inserting 
        ``127,200'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Unmarried sons and unmarried daughters of permanent 
        resident aliens.--Qualified immigrants who are the unmarried 
        sons or unmarried daughters (but are not the children) of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in a number not to exceed 80,640, plus any 
        visas not required for the class specified in paragraph (1).'';
            (3) in paragraph (3), by striking ``23,400'' and inserting 
        ``80,640''; and
            (4) in paragraph (4), by striking ``65,000'' and inserting 
        ``191,520''.
    (c) Technical and Conforming Amendments.--
            (1) Rules for determining whether certain aliens are 
        immediate relatives.--Section 201(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(f)) is amended--
                    (A) in paragraph (1), by striking ``paragraphs (2) 
                and (3),'' and inserting ``paragraph (2),'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph 
                (2).
            (2) Numerical limitation to any single foreign state.--
        Section 202 of the Immigration and Nationality Act (8 U.S.C. 
        1152) is amended--
                    (A) in subsection (a)(4)--
                            (i) by striking subparagraphs (A) and (B);
                            (ii) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (A) and (B) respectively; 
                        and
                            (iii) in subparagraph (A), as so 
                        redesignated, by striking ``section 
                        203(a)(2)(B)'' and inserting ``section 
                        203(a)(2)''; and
                    (B) in subsection (e), in the flush matter 
                following paragraph (3), by striking ``, or as limiting 
                the number of visas that may be issued under section 
                203(a)(2)(A) pursuant to subsection (a)(4)(A)''.
            (3) Allocation of immigration visas.--Section 203(h) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsections (a)(2)(A) and 
                        (d)'' and inserting ``subsection (d)'';
                            (ii) in subparagraph (A), by striking 
                        ``becomes available for such alien (or, in the 
                        case of subsection (d), the date on which an 
                        immigrant visa number became available for the 
                        alien's parent),'' and inserting ``became 
                        available for the alien's parent,''; and
                            (iii) in subparagraph (B), by striking 
                        ``applicable'';
                    (B) in paragraph (2), by striking ``The petition'' 
                and all that follows through the period and inserting 
                ``The petition described in this paragraph is a 
                petition filed under section 204 for classification of 
                the alien's parent under subsection (a), (b), or 
                (c).''; and
                    (C) in paragraph (3), by striking ``subsections 
                (a)(2)(A) and (d)'' and inserting ``subsection (d)''.
            (4) Procedure for granting immigrant status.--Section 204 
        of the Immigration and Nationality Act (8 U.S.C. 1154) is 
        amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (iii)--
                                            (aa) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``citizen'' each place 
                                        that term appears; and
                                            (bb) in subclause 
                                        (II)(aa)(CC)(bbb), by inserting 
                                        ``or legal permanent resident'' 
                                        after ``citizenship'';
                                    (II) in clause (iv)--
                                            (aa) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``citizen'' each place 
                                        that term appears; and
                                            (bb) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``citizenship'';
                                    (III) in clause (v)(I), by 
                                inserting ``or legal permanent 
                                resident''; and
                                    (IV) in clause (vi)--
                                            (aa) by inserting ``or 
                                        legal permanent resident 
                                        status'' after ``renunciation 
                                        of citizenship''; and
                                            (bb) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``abuser's citizenship'';
                            (ii) by striking subparagraph (B);
                            (iii) by redesignating subparagraphs (C) 
                        through (J) as subparagraphs (B) through (I), 
                        respectively;
                            (iv) in subparagraph (B), as so 
                        redesignated, by striking ``subparagraph 
                        (A)(iii), (A)(iv), (B)(ii), or (B)(iii)'' and 
                        inserting ``clause (iii) or (iv) of 
                        subparagraph (A)''; and
                            (v) in subparagraph (I), as so 
                        redesignated--
                                    (I) by striking ``or clause (ii) or 
                                (iii) of subparagraph (B)''; and
                                    (II) by striking ``under 
                                subparagraphs (C) and (D)'' and 
                                inserting ``under subparagraphs (B) and 
                                (C)'';
                    (B) by striking subsection (a)(2);
                    (C) in subsection (h), by striking ``or a petition 
                filed under subsection (a)(1)(B)(ii)''; and
                    (D) in subsection (j), by striking ``subsection 
                (a)(1)(D)'' and inserting ``subsection (a)(1)(C)''.

SEC. 203. DERIVATIVE ELIGIBILITY FOR RELATIVES OF IMMEDIATE RELATIVES.

     Section 201(b)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1151(b)(2)(A)) is amended by adding at the end the following:
            ``(iii) An alien who is the child of an immediate relative 
        described in clause (i), if accompanying or following to join 
        the child's parent.''.

SEC. 204. WAIVER OF NUMERICAL LIMITATIONS ON VISAS FOR LONG-WAITING 
              FAMILY-SPONSORED IMMIGRANTS.

    Notwithstanding numerical limitations under section 202(a)(2), 
section 201(b)(1) of the Immigration and Nationality Act is amended by 
adding at the end the following:
    ``(F) Qualified family-sponsored immigrants described in section 
203(a) who are awaiting the issuance of an immigrant visa number under 
such section, beginning in the fiscal year that commences after the 5th 
anniversary of the date on which the petition for the immigrant was 
filed as provided in section 204, and notwithstanding the numerical 
limitation in section 202(a)(2).''.

SEC. 205. RECAPTURE OF UNUSED VISA NUMBERS.

    (a) Family-Sponsored Immigrants.--Section 201(c)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1151(c)(2)) (as redesignated 
by section 201 of this Act) is amended by adding at the end the 
following:
    ``(D) The number computed under this paragraph for a fiscal year 
shall be increased by the number of immigrant visas made available 
under section 203(a) in the previous fiscal year that were not issued 
to qualified immigrants for any reason. Visas made available under this 
subparagraph shall not be subject to the limitations in section 
202(a).''.
    (b) Employment-Based Immigrants.--Section 201(d)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1151(d)(2)) is amended by 
adding at the end the following:
    ``(D) The number computed under this paragraph for a fiscal year 
shall be increased by the number of immigrant visas made available 
under section 203(b) in the previous fiscal year that were not issued 
to qualified immigrants for any reason. Visas made available under this 
subparagraph shall not be subject to the limitations in section 
202(a).''.
    (c) Eligibility for Diversity Visas.--Section 204(a)(1)(I)(ii)(II) 
of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)) 
is amended by striking the period at the end and inserting the 
following: ``, except that any such visa that may not be issued due to 
the pendency of a security, or security-related, check at the end of 
such fiscal year shall remain available for issuance to the alien in 
subsequent fiscal years until a reasonable period, determined by the 
Secretary of Homeland Security, after the completion of such check.''.
    (d) Ensuring Security Clearances Do Not Cause Visa Loss.--Section 
203(e) of the Immigration and Nationality Act (8 U.S.C. 1153(e)) is 
amended by adding at the end the following:
    ``(4) Notwithstanding any other provision of this Act, a delay in 
the completion of a security, or security-related, check shall not 
result in the forfeiture of an immigrant visa that otherwise would be 
made available, or issued, to an eligible immigrant under this 
section.''.

SEC. 206. REFORM OF AFFIDAVIT OF SUPPORT REQUIREMENTS.

     Section 213A of the Immigration and Nationality Act (8 U.S.C. 
1183a) is amended, in each of subsections (a)(1)(A) and (f)(1)(E), by 
striking ``125'' and inserting ``100''.

SEC. 207. INCREASE AGE FOR DERIVATIVE CITIZENSHIP.

    (a) In General.--Title III of the Immigration and Nationality Act 
(8 U.S.C. 1401 et seq.) is amended, in each of sections 320 and 322, by 
striking ``eighteen'' and inserting ``21''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if enacted on February 27, 2001.

SEC. 208. REPEAL BARRIERS TO REENTRY.

    (a) In General.--Subparagraphs (B) and (C) of section 212(a)(9) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) are repealed.
    (b) Effective Date.--Subsection (a) shall take effect as if enacted 
as part of section 301(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (110 Stat. 3009-575 et seq.).

SEC. 209. BIOMETRIC DOCUMENTS.

    Each alien who is issued a visa or otherwise provided immigrant 
status under this title shall be issued a machine-readable, tamper-
resistant visa or document that uses biometric identifiers consistent 
with the requirements of section 303 of the Enhanced Border Security 
and Visa Reform Act, Public Law 107-173.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums for English and 
civics classes as may be necessary to carry out this title.

                  TITLE III--TEMPORARY WORKER PROGRAM

SEC. 301. TEMPORARY WORKERS.

    (a) H-2b Workers.--Section 101(a)(15)(H)(ii)(b) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) is amended--
            (1) by inserting ``subject to section 212(u),'' before 
        ``having a residence in a foreign country''; and
            (2) by striking ``temporary service or labor'' and 
        inserting ``short-term service or labor, lasting not more than 
        9 months''.
    (b) H-1d Workers.--Section 101(a)(15)(H)(i)(c) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(c)) is amended by 
striking the semicolon and inserting the following: ``, or (d) subject 
to section 212(u), who is coming temporarily to the United States to 
perform labor or services, other than those occupation classifications 
covered under the provisions of clauses (i)(b) or (ii)(a) or 
subparagraphs (L), (O), or (P), for a United States employer, if United 
States workers capable of performing such labor or service cannot be 
identified or are unavailable.''.

SEC. 302. RECRUITMENT OF UNITED STATES WORKERS.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) 
is amended by adding at the end the following:
    ``(u)(1) An employer that seeks to employ an alien described in 
clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall take the 
following steps to recruit United States workers for the position for 
which the nonimmigrant worker is sought 14 days prior to filing an 
application under paragraph (3) (with respect to an alien described in 
such clause (ii)(b)) or 30 days prior to filing an application under 
such paragraph (with respect to an alien described in such clause 
(i)(d)):
            ``(A) Submit a copy of the job offer, including a 
        description of the wages and other terms and conditions of 
        employment, to the State Employment Service Agency (SESA) 
        which--
                    ``(i) serves the area of employment in the State in 
                which the employer is located; and
                    ``(ii) shall provide the employers with an 
                acknowledgment of receipt of the documentation provided 
                to the SESA in accordance with this subparagraph.
            ``(B) Authorize the SESA to post the job opportunity on the 
        Internet through the web site for `America's Job Bank', with 
        local job banks, and with unemployment agencies and other labor 
        referral and recruitment sources pertinent to the job in 
        question.
            ``(C) Authorize the SESA to notify the central office of 
        the State Federation of Labor in the State in which the job is 
        located, and if applicable, the office of the local union which 
        represents the employees in the same or substantially 
        equivalent job classification of the job opportunity.
            ``(D) Post the availability of the job opportunity for 
        which the employer is seeking a worker in conspicuous locations 
        at the place of employment for all employees to see.
            ``(E) Advertise the availability of the job opportunity for 
        which the employer is seeking a worker in a publication with 
        the highest circulation in the labor market that is likely to 
        be patronized by a potential worker for at least 3 consecutive 
        days (with respect to an alien described in such clause 
        (ii)(b)) or for at least 10 consecutive days (with respect to 
        an alien described in such clause (i)(d)).
            ``(F) Based on recommendations by the local job service, 
        advertise the availability of the job opportunity in 
        professional, trade, or local minority and ethnic publications 
        that are likely to be patronized by a potential worker.
    ``(2) An employer that seeks to employ an alien described in clause 
(i)(d) or (ii)(b) of section 101(a)(15)(H) shall--
            ``(A) first offer the job to any eligible United States 
        worker who applies, is qualified for the job, and is available 
        at the time of need;
            ``(B) be required to maintain for at least 1 year after the 
        employment relation is terminated, documentation of recruitment 
        efforts and responses conducted and received prior to the 
        filing of the employer's application with the Department of 
        Labor, including resumes, applications, and if applicable, 
        tests of United States workers who applied and were not hired 
        for the job the employer seeks to fill with a nonimmigrant 
        worker; and
            ``(C) attest that there are not sufficient United States 
        workers who are able, willing, qualified, and available at the 
        time of the filing of the application.''.

SEC. 303. ADMISSION OF TEMPORARY WORKERS.

    (a) Application to the Secretary of Labor.--Section 212(u) of the 
Immigration and Nationality Act (8 U.S.C. 1182(u)), as added by section 
302, is amended by adding after paragraph (2) the following:
    ``(3) An employer that seeks to fill a position with an alien 
described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H), shall 
file with the Secretary of Labor an application attesting that--
            ``(A) the employer is offering and will offer during the 
        period of authorized employment to aliens admitted or provided 
        status as a nonimmigrant described in clause (i)(d) or (ii)(b) 
        of section 101(a)(15)(H), the prevailing wage that shall be 
        determined as follows:
                    ``(i) if the job opportunity is covered by a 
                collective bargaining agreement between a union and the 
                employer, the wage rate set forth in the collective 
                bargaining agreement;
                    ``(ii) if the job opportunity is not covered by a 
                collective bargaining agreement between a union and the 
                employer and it is in an occupation that is covered by 
                a wage determination under the Davis-Bacon Act (40 
                U.S.C. 276a et seq.) or the Service Contract Act of 
                1965 (41 U.S.C. 351 et seq.), the appropriate statutory 
                wage determination; or
                    ``(iii) if clauses (i) and (ii) do not apply, the 
                highest 66 percent of the wage data provided by the 
                Department of Labor's Bureau of Labor Statistics, 
Occupational Employment Survey;
        based on the best information available at the time of the 
        filing of the application;
            ``(B) the employer will offer the same wages, benefits, and 
        working conditions for such nonimmigrants as those provided to 
        United States workers similarly employed in the same occupation 
        and the same place of employment (defined as the actual place 
        where the work is performed);
            ``(C) there is not a strike, lockout, or labor dispute in 
        the occupational classification at the place of employment 
        (including any concerted activity to which section 7 of the 
        Labor Management Relations Act (29 U.S.C. 157) applies);
            ``(D) the employer will abide by all applicable laws and 
        regulations relating to the right of workers to join or 
        organize a union;
            ``(E) the employer has provided notice of the filing of the 
        application to the bargaining representative, if any, of the 
        employer's employees in the occupational classification at the 
        place of employment or, if there is no such bargaining 
        representative, has posted notice of the filing in conspicuous 
        locations at the place of employment for all employees to see 
        for not less than 14 business days for an alien described in 
        clause (ii)(b) of section 101(a)(15)(H) and for not less than 
        30 business days for an alien described in clause (i)(d) of 
        such section;
            ``(F) the requirements for the job opportunity represent 
        the employer's actual minimum requirements for that job and the 
        employer will not hire nonimmigrant workers with less training 
        or experience;
            ``(G) the employer, within the 60 days prior to the filing 
        of the application and the 60 days following the filing, has 
        not laid-off, and will not lay-off, any United States worker 
        employed by the employer in the same position at the place of 
        employment;
            ``(H) the employer, prior to the filing of the application, 
        has complied with the recruitment requirements in accordance 
        with paragraph (1); and
            ``(I) no job offer may impose on United States workers any 
        restrictions or obligations that will not be imposed by an 
        employer on a nonimmigrant worker described in clause (i)(d) or 
        (ii)(b) of section 101(a)(15)(H).''.
    (b) Accompanied by Job Offer.--Section 212(u) of the Immigration 
and Nationality Act (8 U.S.C. 1182(u)), as amended by subsection (a), 
is further amended by adding after paragraph (3) the following:
    ``(4) Each application filed under paragraph (3) shall be 
accompanied by--
            ``(A) a copy of the job offer describing the wages and 
        other terms and conditions of employment;
            ``(B) a statement of the minimum education, training, 
        experience, and requirements for the job opportunity in 
        question;
            ``(C) copies of the documentation submitted to the State 
        Employment Service Agency to recruit United States workers in 
        accordance with paragraph (1);
            ``(D) copies of the advertisements to recruit United States 
        workers placed in publications in accordance with paragraph 
        (1); and
            ``(E) a copy of the acknowledgment of receipt provided to 
        the employer by the State Employment Service Agency in 
        accordance with paragraph (1)(A)(ii).''.
    (c) Incomplete Applications; Retention of Application; Filing of 
Petition.--Section 212(u) of the Immigration and Nationality Act (8 
U.S.C. 1182(u)), as amended by subsection (b), is further amended by 
adding after paragraph (4) the following:
    ``(5) The Secretary of Labor shall review the application and 
requisite documents filed in accordance with paragraphs (3) and (4) for 
completeness and accuracy and if deficiencies are found, the Secretary 
of Labor shall notify the employer and provide the employer with an 
opportunity to address such deficiencies.
    ``(6) A copy of the application and requisite documents filed with 
the Secretary of Labor in accordance with paragraphs (3) and (4) shall 
be retained by the employer in a public access file at the employer's 
headquarters or principal place of employment of the alien for the 
duration of the employment relationship and for 1 year after the 
termination of that employment relationship.
    ``(7) Upon approval of an application by the Secretary of Labor, an 
employer who seeks to employ an alien described in clause (i)(d) or 
(ii)(b) of section 101(a)(15)(H) shall file a petition as required 
under section 214(c)(1) with the Bureau of Citizenship and Immigration 
Services within the Department of Homeland Security.''.
    (d) Biometric Documents.--Each alien who is issued a visa or 
otherwise provided nonimmigrant status under section 
101(a)(15)(H)(i)(d) or (ii)(b) of the Immigration and Nationality Act 
shall be issued a machine-readable, tamper-resistant visa or document 
that uses biometric identifiers consistent with the requirements of 
section 303 of the Enhanced Border Security and Visa Reform Act, Public 
Law 107-173.

SEC. 304. WORKER PROTECTIONS.

    Section 212(u) of the Immigration and Nationality Act (8 U.S.C. 
1182(u)), as amended by section 303, is further amended by adding after 
paragraph (7) the following:
    ``(8)(A) Nothing in this subsection shall be construed to limit the 
rights of an employee under a collective bargaining agreement or other 
employment contract.
    ``(B) An alien admitted or otherwise provided status under clause 
(i)(d) or (ii)(b) of section 101(a)(15)(H) shall not be denied any 
right or remedy under Federal, State, or local labor and employment 
laws applicable to a United States worker employed in a similar 
position with the employer because of the status of the alien as a 
nonimmigrant worker.
    ``(C) It shall be unlawful for an employer who has filed a petition 
for a nonimmigrant worker described in clause (i)(d) or (ii)(b) of 
section 101(a)(15)(H) to intimidate, threaten, restrain, coerce, 
blacklist, discharge, or in any other manner, discriminate against an 
employee (including a former employee) because the employee--
            ``(i) disclosed information, to the employer or to any 
        other person, that the employee reasonably believes evidences a 
        violation of this subsection or any rule or regulation 
        pertaining to this subsection; or
            ``(ii) because the employee cooperates or seeks to 
        cooperate in an investigation or other proceeding concerning 
        the employer's compliance with the requirements of this 
        subsection or any rule or regulation pertaining to this 
        subsection.
    ``(D) The Secretary of Labor and the Secretary of Homeland Security 
shall establish a process under which a nonimmigrant worker described 
in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) who files a 
complaint regarding a violation of this subsection, or any other rule 
or regulation pertaining to this subsection and is otherwise eligible 
to remain and work in the United States may be allowed to seek other 
appropriate employment in the United States for a period not to exceed 
the maximum period of stay authorized for that nonimmigrant 
classification.
    ``(E)(i) The Secretary of Labor shall establish a process for the 
receipt, investigation, and disposition of complaints respecting a 
petitioner's failure to meet a condition specified in the application 
submitted under paragraph (3), or a petitioner's misrepresentation of a 
material fact in an application submitted under paragraph (3). 
Complaints may be filed by an aggrieved person or organization 
(including bargaining representatives). No investigation or hearing 
shall be conducted on a complaint concerning such a failure or 
misrepresentation unless the complaint was filed not later than 12 
months after the date of the failure or misrepresentation, 
respectively. The Secretary of Labor shall conduct an investigation 
under this clause if there is reasonable cause to believe that such a 
failure or misrepresentation has occurred.
    ``(ii) The process established under clause (i) shall provide that, 
not later than 30 days after a complaint is filed, a determination of 
whether or not a reasonable basis exists to find a violation shall be 
made.
    ``(iii) If it is determined that a reasonable basis exists under 
clause (ii), then not later than 60 days after that determination is 
made, the Secretary of Labor shall issue a notice to the interested 
parties and offer an opportunity for a hearing on the complaint, in 
accordance with section 556 of title 5, United States Code.
    ``(iv) If the Secretary of Labor, after receiving a complaint under 
clause (i), does not offer the aggrieved party or organization an 
opportunity for a hearing under clause (iii), the Secretary of Labor 
shall notify the aggrieved party or organization of such determination 
and the aggrieved party or organization may seek a hearing on the 
complaint in accordance with section 556 of title 5, United States 
Code.
    ``(v) If a hearing is requested under clause (iii) or (iv), then 
not later than 60 days after the date of the hearing, the Secretary of 
Labor shall make a finding on the matter in accordance with paragraph 
(6).
    ``(vi) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a failure to meet a requirement of paragraph 
(3), or a misrepresentation of a material fact in an application--
            ``(I) the Secretary of Labor shall notify the Secretary of 
        Homeland Security of such findings, and may impose 
        administrative remedies, including civil monetary penalties not 
        to exceed $3,000 per violation; and
            ``(II) the Secretary of Homeland Security shall not approve 
        petitions filed by that employer under section 214(c) for a 
        period of at least 1 year for aliens to be employed by the 
        employer.
    ``(vii) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a willful failure to meet a requirement of 
paragraph (3), or a willful misrepresentation of a material fact in an 
application--
            ``(I) the Secretary of Labor shall notify the Secretary of 
        Homeland Security of such findings, and may impose 
        administrative remedies, including civil monetary penalties in 
        an amount not to exceed $8,000 per violation; and
            ``(II) the Secretary of Homeland Security shall not approve 
        petitions filed with respect to that employer under section 
        214(c) during a period of at least 2 years for aliens to be 
        employed by the employer.
    ``(viii) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a willful failure by an employer to meet a 
requirement of paragraph (3), or a willful misrepresentation of 
material fact in an application, in the course of which failure or 
misrepresentation the employer displaced a United States worker 
employed by the employer within the period beginning 60 days before and 
ending 60 days after the date of filing of any visa petition supported 
by the application--
            ``(I) the Secretary of Labor shall notify the Secretary of 
        Homeland Security of such findings, and may impose 
        administrative remedies, including civil monetary penalties in 
        an amount not to exceed $35,000 per violation; and
            ``(II) the Secretary of Homeland Security shall not approve 
        petitions filed with respect to that employer under section 
        214(c) during a period of at least 3 years for aliens to be 
        employed by the employer.
    ``(F) The Department of Labor shall have the authority to initiate 
and pursue investigations and audits of employers, whether upon 
complaint or otherwise, in order to ensure that employers are not 
violating the rights guaranteed under this subsection to nonimmigrant 
workers described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H).
    ``(G) In any complaint respecting a willful failure by an employer 
to meet a requirement of law or a regulation concerning the employment 
of nonimmigrants described in clause (i)(d) or (ii)(b) of section 
101(a)(H) or a willful misrepresentation of material fact in an 
application, the court in its discretion, may allow a prevailing party, 
other than the United States, a reasonable attorney's fee.
    ``(H) A nonimmigrant worker described in clause (i)(d) of (ii)(b) 
of section 101(a)(15)(H) aggrieved by a violation of rights enforceable 
under section 212(u)(8) by an employer or other person may file suit in 
any district court of the United States having jurisdiction of the 
parties, without regard to the amount in controversy, without regard to 
the citizenship of the parties, and without regard to the exhaustion of 
any alternative administrative remedy under this Act, not later than 3 
years after the date on which the violation occurs.''.

SEC. 305. PORTABILITY.

    Section 212(u) of the Immigration and Nationality Act (8 U.S.C. 
1182(u)), as amended by section 304, is further amended by adding after 
paragraph (8) the following:
    ``(9)(A) Any alien admitted or otherwise provided status as a 
nonimmigrant described in section 101(a)(15)(H)(i)(d) or (ii)(b) may 
change employers only after the alien has been employed by the 
petitioning employer for at least 3 months from the date of admission 
or the date such status was otherwise acquired.
    ``(B) The 3-month employment requirement in subparagraph (A) may be 
waived (without loss of status during the period of the waiver) in 
circumstances where--
            ``(i) the alien began and continued the employment in good 
        faith but the employer violated a term or condition of 
        sponsorship of the alien under this Act or violated any other 
        law or regulation relating to the employment of the alien; or
            ``(ii) the personal circumstances of the alien changed so 
        as to require a change of employer, including family, medical, 
        or humanitarian reasons, a disability, or other factor 
        rendering the alien unable to perform the job.
    ``(C) If a waiver under subparagraph (B) is sought, the application 
shall be accompanied by such evidence to warrant the approval of such 
waiver.
    ``(D) A nonimmigrant alien admitted or otherwise provided status as 
a nonimmigrant described in clause (i)(d) or (ii)(b) of section 
101(a)(15)(H) may accept new employment with a new employer upon the 
filing by the new employer of a new application on behalf of such alien 
as provided under paragraph (3). Employment authorization shall 
continue until the new petition is adjudicated. If the new petition is 
denied, the alien's right to work as established by this subsection 
shall cease. The alien's right to work, if any, established by any 
other provision of law, shall not be affected by the denial of such new 
application.''.

SEC. 306. SPOUSES AND CHILDREN OF TEMPORARY WORKERS.

    Section 212(u) of the Immigration and Nationality Act (8 U.S.C. 
1182(u)), as amended by section 305, is further amended by adding after 
paragraph (9) the following:
    ``(10) A spouse or child of a nonimmigrant worker described in 
clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall be eligible for 
derivative status by accompanying or following to join the alien.''.

SEC. 307. PETITIONS BY EMPLOYER GROUPS AND UNIONS.

    Section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(1)) is amended--
            (1) by inserting after the first sentence the following: 
        ``In the case of an alien or aliens described in clause (i)(d) 
        or (ii)(b) of section 101(a)(15)(H), the petition may be filed 
        by an associated or affiliated group of employers that have 
        multiple openings for similar employment on behalf of the 
        individual employers or by a union or union consortium. The 
        petition, if approved, will be valid for employment in the 
        described positions for the member employers, the union, or 
        union consortium, provided the employing entity has complied 
        with all applicable recruitment requirements and paid the 
        requisite petition fees.''; and
            (2) by adding at the end the following: ``Nothing in this 
        paragraph shall be construed to permit a recruiting entity or 
        job shop to petition for an alien described in clause (i)(d) or 
        (ii)(b) of section 101(a)(15)(H).''.

SEC. 308. PROCESSING TIME FOR PETITIONS.

    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)) is amended by adding at the end the following:
    ``(12) The Secretary of Labor shall review the application filed 
under section 212(u)(3) for completeness and accuracy and issue a 
determination with regard to the application not later than 10 workings 
days after the date on which the application was filed.
    ``(13) The Secretary of Homeland Security shall establish a process 
for reviewing and completing adjudication of petitions filed under this 
subsection with respect to nonimmigrant workers described in clause 
(i)(d) or (ii)(b) of section 101(a)(15)(H) and derivative applications 
associated with these petitions, not later than 60 days after the 
completed petition has been filed.''.

SEC. 309. TERMS OF ADMISSION.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended by adding at the end the following:
    ``(9) In the case of a nonimmigrant described in section 
101(a)(15)(H)(ii)(b), the initial period of authorized admission shall 
be for not more than 9 months from the date of application for 
admission in such status in any 1-year period. No nonimmigrant 
described in such section may be admitted for a total period that 
exceeds an aggregate of 40 months.
    ``(10) In the case of a nonimmigrant described in section 
101(a)(15)(H)(i)(d), the initial period of authorized admission shall 
be for not more than 2 years. The employer may petition for extensions 
of such status for 2 additional periods of not more than 2 years each. 
No nonimmigrant described in such section shall be admitted for a total 
period that exceeds 6 years.
    ``(11)(A) The limitation contained in paragraphs (9) and (10) with 
respect to the duration of authorized stay shall not apply to any 
nonimmigrant alien previously issued a visa or otherwise provided 
nonimmigrant status under clause (i)(d) or (ii)(b) of section 
101(a)(15)(H) on whose behalf a petition has been filed under section 
204(b) to accord the alien immigrant status under section 203(b), or an 
application for adjustment of status has been filed under section 245 
to accord the alien status under section 203(b), if 365 days or more 
have elapsed since--
            ``(i) the filing of a labor certification application on 
        behalf of the alien (if such certification is required for the 
        alien to obtain status under section 203(b)); or
            ``(ii) the filing of the petition under section 204(a).
    ``(B) The Secretary of Homeland Security shall extend the stay of 
an alien who qualifies for an exemption under subparagraph (A) until 
such time as a final decision is made--
            ``(i) to deny the application described in subparagraph 
        (A)(i), or, in a case in which such application is granted, to 
        deny a petition described in subparagraph (A)(ii) filed on 
        behalf of the alien pursuant to such grant;
            ``(ii) to deny the petition described in subparagraph 
        (A)(ii); or
            ``(iii) to grant or deny the alien's application for an 
        immigrant visa or for adjustment of status to that of an alien 
        lawfully admitted for permanent residence.''.

SEC. 310. NUMBER OF VISAS ISSUED.

    Section 214 (g)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1184(g)(1)(B)) is amended to read as follows:
            ``(B)(i) under section 101(a)(15)(H)(i)(d) may not exceed 
        250,000; and
            ``(ii) under section 101(a)(15)(H)(ii)(b) may not exceed 
        100,000.''.

SEC. 311. CHANGE OF STATUS.

    Section 212(u) of the Immigration and Nationality Act (8 U.S.C. 
1182(u)), as amended by section 306, is further amended by adding after 
paragraph (10) the following:
    ``(11) An alien admitted as a nonimmigrant or otherwise provided 
status under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall be 
eligible to obtain a change of status to another immigrant or 
nonimmigrant classification that the alien may be eligible for.''.

SEC. 312. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.

    (a) Employment-Based Immigrant Visas.--Section 212(u) of the 
Immigration and Nationality Act (8 U.S.C. 1182(u)), as amended by 
section 311, is further amended by adding after paragraph (11) the 
following:
    ``(12)(A) Nonimmigrant aliens admitted or otherwise provided status 
under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall be 
eligible for an employment-based immigrant visa pursuant to section 
203(b)(3) and adjustment of status pursuant to section 245.
    ``(B) Pursuant to subparagraph (A), for purposes of adjustment of 
status under section 245(a) or issuance of an immigrant visa under 
section 203(b)(3), employment-based immigrant visas shall be made 
available without numerical limitation to an alien having nonimmigrant 
status described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) 
upon the filing of a petition for such a visa by--
            ``(i) the employer of the alien; or
            ``(ii) the alien, provided the alien has been employed 
        under such nonimmigrant status for at least 2 years.
    ``(C) The spouse or child of an alien granted status under clause 
(i)(d) or (ii)(b) of section 101(a)(15)(H) shall be eligible as a 
derivative beneficiary for an immigrant visa and adjustment of 
status.''.
    (b) Dual Intent.--Section 214(h) of the Immigration and Nationality 
Act (8 U.S.C. 1184(h)) is amended by inserting ``(H)(ii)(b),'' after 
``(H)(i)(d),''.

SEC. 313. NOTIFICATION OF EMPLOYEE RIGHTS.

    Section 214(c), as amended by section 208, is further amended by 
adding at the end the following:
            ``(15) An employer that employs an alien described in 
        clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall provide 
        such alien with the same notification of the alien's rights 
        under Federal, State, or local laws that the employer is 
        required to provide to United States workers.''.

SEC. 314. GROUNDS OF INADMISSIBILITY.

    Section 212(u) of the Immigration and Nationality Act (8 U.S.C. 
1182(u)), as amended by section 312, is further amended by adding after 
paragraph (12) the following:
    ``(13) In determining the admissibility of an alien under clause 
(i)(d) or (ii)(b) of section 101(a)(15)(H), violations of grounds of 
inadmissibility described in paragraphs (5), (6)(A), (6)(B), (6)(C), 
(6)(G), (7), (9), and (10)(B) of section 212(a) committed prior to the 
issuance or a visa under such section, or the approval of a change of 
status to a classification under such section shall not apply.''.

SEC. 315. PETITION FEES.

    Section 212(u) of the Immigration and Nationality Act (8 U.S.C. 
1182(u)), as amended by section 314, is further amended by adding after 
paragraph (13) the following:
    ``(14)(A) An employer filing a petition for an alien described in 
section 101(a)(15)(H)(i)(d) shall be required to pay a filing fee based 
on the cost of carrying out the processing duties under this 
subsection, and a secondary fee of--
            ``(i) $250, in the case of an employer employing 25 
        employees or less;
            ``(ii) $500, in the case of an employer employing between 
        26 and 150 employees;
            ``(iii) $750, in the case of an employer employing between 
        151 and 500 employees; or
            ``(iv) $1,000, in the case of an employer employing more 
        than 500 employees.
    ``(B) An employer filing a petition for an alien described in 
section 101(a)(15)(H)(ii)(b) shall be required to pay a filing fee 
based on the costs of carrying out the processing duties under this 
subsection, and a secondary fee of--
            ``(i) $125, in the case of an employer employing 25 
        employees or less;
            ``(ii) $250, in the case of an employer employing between 
        26 and 150 employees;
            ``(iii) $375, in the case of an employer employing between 
        151 and 500 employees; or
            ``(iv) $500, in the case of an employer employing more than 
        500 employees.
    ``(C) An employer filing a petition for an alien described in 
clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall be prohibited 
from charging the alien for a fee required under subparagraph (A) or 
(B).
    ``(D) The fees collected under this paragraph shall be deposited 
into accounts within the Department of Homeland Security, the 
Department of Labor, and the Department of State, and allocated such 
that--
            ``(i) 20 percent of the amounts received shall be made 
        available to the Department of Homeland Security until expended 
        to carry out the requirements related to processing petitions 
        filed by employers for aliens described in clause (i)(d) or 
        (ii)(b) of section 101(a)(15)(H);
            ``(ii) 15 percent of the amounts received shall be made 
        available to the Department of Labor until expended to carry 
        out the requirements related to processing attestation 
        applications filed by employers for aliens described in clause 
        (i)(d) or (ii)(b) of section 101(a)(15)(H);
            ``(iii) 20 percent of the amounts received shall be made 
        available to the Department of State until expended to carry 
        out the requirements related to processing applications for 
        visas by aliens under clause (i)(d) or (ii)(b) of section 
        101(a)(15)(H);
            ``(iv) 15 percent of the amounts received shall be made 
        available to the Department of Labor until expended to carry 
        out the requirements described in paragraph (8);
            ``(v) 15 percent of the amounts received shall be made 
        available to the Department of Labor until expended to increase 
        the funds available to the United States Employment Service to 
        assist State employment service agencies in responding to 
        employers and employees contacting such agencies as a result of 
        the requirements described in paragraph (1); and
            ``(vi) 15 percent of the amounts received shall be made 
        available to the Department of Homeland Security until expended 
        to make improvements in technology for border security, 
        including the use of machine-readable, tamper-resistant 
        documents with biometric identifiers, expanding the use of 
        readers and scanners, expanding programs for pre-enrollment and 
        pre-clearance, updating and correcting electronic databases, 
        and other improvements to facilitate the flow of commerce and 
        persons at ports of entry.''.

SEC. 316. DEFINITIONS.

    Section 212(u) of the Immigration and Nationality Act (8 U.S.C. 
1182(u)), as amended by section 315, is further amended by adding after 
paragraph (14) the following:
    ``(15) In this subsection:
            ``(A) The term `U.S. employer' means any person or entity 
        with a principal place of business in the United States that 
        employs workers in labor or services that are not agricultural, 
        and shall not include recruiting entities or job shops.
            ``(B) The term `job opportunity' means a job opening for 
        short-term full-time or part-time employment at a place in the 
        United States to which United States workers can be referred.
            ``(C)(i) The term `layoffs', with respect to a worker--
                    ``(I) means to cause the worker's loss of 
                employment, other than through a discharge for 
                inadequate performance, violation of workplace rules, 
                cause, voluntary departure, voluntary retirement, 
                contract impossibility, termination of the position or 
                company, temporary layoffs due to weather, markets, or 
                other temporary conditions; but
                    ``(II) does not include any situation in which the 
                worker is offered, as an alternative to such loss of 
                employment, a similar employment opportunity with the 
                same employer at equivalent or higher compensation and 
                benefits than the position from which the employee was 
                discharged, regardless of whether or not the employee 
                accepts the offer.
            ``(ii) Nothing in this subparagraph is intended to limit an 
        employee's rights under a collective bargaining agreement or 
        other employment contract.
            ``(D) The term `United States worker' means any worker, 
        whether a United States citizen or national, a lawfully 
        admitted permanent resident alien, or any other alien, who is 
        authorized to work in the job opportunity within the United 
        States, except an alien admitted or otherwise provided status 
        under clauses (i)(b), (i)(d), (ii)(a), or (ii)(b) of section 
        101(a)(15)(H), (L), (O), or (P) of section 101(a)(15).''.

SEC. 317. COLLECTIVE BARGAINING AGREEMENTS.

    Notwithstanding any other provision of law, the fact that an 
individual holds a visa as a nonimmigrant worker described in clause 
(i)(d) or (ii)(b) of section 101(a)(15)(H) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)) shall not render that 
individual ineligible to qualify as an employee under the National 
Labor Relations Act (29 U.S.C. 151 et seq.) or to be protected under 
section 7 of that Act (29 U.S.C. 157).

SEC. 318. INVESTIGATIONS BY DEPARTMENT OF HOMELAND SECURITY DURING 
              LABOR DISPUTES.

    (a) In General.--When information is received by the Department of 
Homeland Security concerning the employment of undocumented or 
unauthorized aliens, consideration should be given to whether the 
information is being provided to interfere with the rights of employees 
to--
            (1) form, join, or assist labor organizations or to 
        exercise their rights not to do so;
            (2) be paid minimum wages and overtime;
            (3) have safe work places;
            (4) receive compensation for work related injuries;
            (5) be free from discrimination based on race, gender, age, 
        national origin, religion, or handicap; or
            (6) retaliate against employees for seeking to vindicate 
        these rights.
    (b) Determination of Labor Dispute.--Whenever information received 
from any source creates a suspicion that an immigration enforcement 
action might involve the Department of Homeland Security in a labor 
dispute, a reasonable attempt should be made by Department of Homeland 
Security enforcement officers to determine whether a labor dispute is 
in progress. The information officer at the regional office of the 
National Labor Relations Board can supply status information on unfair 
labor practice charges or union election or decertification petitions 
that are pending involving most private sector, nonagricultural 
employers. Wage and hour information can be obtained from the Wage and 
Hour Division of the Department of Labor or the State labor department.
    (c) Relevant Questions for Informant.--In order to protect the 
Department of Homeland Security from unknowingly becoming involved in a 
labor dispute, persons who provide information to the Department of 
Homeland Security about the employer or employees involved in the 
dispute should be asked--
            (1) their names;
            (2) whether there is a labor dispute in progress at the 
        worksite;
            (3) whether the person is or was employed at the worksite 
        in question (or by a union representing workers at the 
        worksite);
            (4) if applicable, whether the person is or was employed in 
        a supervisory or managerial capacity or is related to anyone 
        who is;
            (5) how the person came to know that the subjects lacked 
        legal authorization to work, as well as the source and 
        reliability of the information concerning the subject's status;
            (6) whether the person had or is having a dispute with the 
        employer or the subjects of the information; and
            (7) if the subjects of the information have raised 
        complaints or grievances about hours, working conditions, 
        discriminatory practices, or union representation or actions, 
        or whether the subjects have filed workers' compensation 
        claims.
    (d) BICE Review.--There is no prohibition for enforcing the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), even when 
there may be a labor dispute in progress, however, where it appears 
that information may have been provided in order to interfere with or 
to retaliate against employees for exercising their rights, no action 
should be taken on this information without review and approval by the 
Bureau of Immigration and Customs Enforcement of the Department of 
Homeland Security.
    (e) Enforcement Action.--When enforcement action is taken by the 
Department of Homeland Security and the Department determines that 
there is a labor dispute in progress, or that information was provided 
to the Department of Homeland Security to retaliate against employees 
for exercising their employment rights, the lead immigration officer in 
charge of the Department of Homeland Security enforcement team at the 
worksite must ensure, to the extent possible, that any aliens who are 
arrested or detained and are necessary for the prosecution of any 
violations are not removed from the country without notifying the 
appropriate law enforcement agency that has jurisdiction over the 
violations.
    (f) Interviews.--Any arrangements for aliens to be held or 
interviewed by investigators or attorneys for the Department of Labor, 
the State labor department, the National Labor Relations Board, or any 
other agencies or entities that enforce labor or employment laws will 
be determined on a case-by-case basis.

SEC. 319. PROTECTION OF WITNESSES.

    Chapter 8 of title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended by adding after section 280 the 
following:

                           ``stay of removal

    ``Sec. 280A. (a) An alien against whom removal proceedings have 
been initiated pursuant to chapter 4, who has filed a workplace claim 
or who is a material witness in any pending or anticipated proceeding 
involving a workplace claim, shall be entitled to a stay of removal and 
to an employment authorized endorsement unless the Department of Labor 
established by a preponderance of the evidence in proceedings before 
the immigration judge presiding over that alien's removal hearing 
that--
            ``(1) the Department of Homeland Security initiated the 
        alien's removal proceeding for wholly independent reasons and 
        not in any respect based on, or as a result of, any information 
        provided to or obtained by the Department of Homeland Security 
        from the alien's employer, from any outside source, including 
        any anonymous source, or as a result of the filing or 
        prosecution of the workplace claim; and
            ``(2) the workplace claim was filed in a bad faith intent 
        to delay or avoid the alien's removal.
    ``(b) Any stay of removal or work authorization issued pursuant to 
subsection (a) shall remain valid and in effect at least during the 
pendency of the proceedings concerning such workplace claim. The 
Secretary of Homeland Security shall extend such relief for a period of 
not longer than 3 additional years upon determining that--
            ``(1) such relief would enable the alien asserting the 
        workplace claim to be made whole;
            ``(2) the deterrent goals of any statute underlying the 
        workplace claim would thereby be served; or
            ``(3) such extension would otherwise further the interests 
        of justice.
    ``(c) In this section--
            ``(1) the term `workplace claim' shall include any claim, 
        charge, complaint, or grievance filed with or submitted to the 
        employer, a Federal or State agency or court, or an arbitrator, 
        to challenge an employer's alleged civil or criminal violation 
        of any legal or administrative rule or requirement affecting 
        the terms or conditions of its workers' employment, the 
        treatment of workers, or the hiring or firing of its workers; 
        and
            ``(2) the term `material witness' means an individual who 
        presents an affidavit from an attorney prosecuting or defending 
        the workplace claim or from the presiding officer overseeing 
        the workplace claim attesting that, to the best of the 
        affiant's knowledge and belief, reasonable cause exists to 
        believe that the testimony of the individual will be crucial to 
        the outcome of the workplace claim.

     ``confidentiality of immigration information obtained during 
                       administrative proceedings

    ``Sec. 280B. (a) No officer or employee, including any former 
officer or employee, of any Federal or State administrative agency with 
jurisdiction over any employer's workplace shall disclose to the 
Department of Homeland Security, or cause to be published in a manner 
that discloses to the Department of Homeland Security, any information 
concerning the immigration status of any worker obtained by that 
officer or employee in connection with the official duties of that 
officer or employee, and the Department of Homeland Security shall not, 
in any enforcement action or removal proceeding, use or rely upon, in 
whole or in part, any information so obtained.
    ``(b) Any person who knowingly uses, publishes, or permits 
information to be used in violation of subsection (a) shall be fined 
not more than $10,000.''.

SEC. 320. DOCUMENT FRAUD.

    Section 274C(d)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324c(d)(3)) is amended by inserting before ``In applying this 
subsection'' the following: ``The civil penalties set forth in 
subparagraphs (A) and (B) shall be tripled in the case of any 
commercial enterprise that commits any violation of subsection (a) 
principally for commercial advantage or financial gain.''.

SEC. 321. CONTINUED APPLICATION OF BACKPAY REMEDIES.

    (a) In General.--Section 274A(h) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following:
            ``(4) Backpay remedies.--Backpay or other monetary relief 
        for unlawful employment practices shall not be denied to a 
        present or former employee as a result of the employer's or 
        employee's--
                    ``(A) failure to comply with the requirements of 
                this section; or
                    ``(B) violation of a provision of Federal law 
                related to the employment verification system described 
in subsection (b) in establishing or maintaining the employment 
relationship.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to any failure to comply or any violation that occurs prior to, 
on, or after the date of enactment of this Act.

SEC. 322. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    Section 274B of the Immigration and Nationality Act (8 U.S.C. 
1324b) is amended--
            (1) in subsection (a)(5)--
                    (A) by striking ``Prohibition of intimidation or 
                retaliation.--It is also'' and inserting ``Prohibition 
                of intimidation, retaliation, or unlawful 
                discrimination in employment.--
            ``(A) In general.--It is''; and
                    (B) by adding at the end the following:
                    ``(B) Prohibition on threats of removal.--It is an 
                unfair immigration-related employment practice for any 
                employer, directly or indirectly, to threaten any 
                individual with removal or any other adverse 
                consequence or legal process pertaining to the 
                immigration status or benefits of that individual for 
                the purpose of--
                            ``(i) intimidating, pressuring, or coercing 
                        any such individual not to exercise any right 
                        protected by Federal or State labor or 
                        employment law, including section 7 of the 
                        National Labor Relations Act (29 U.S.C. 157); 
                        or
                            ``(ii) retaliating against any such 
                        individual for having exercised, or having 
                        stated an intention to exercise, any such 
                        right.
                    ``(C) Prohibition on unlawful discrimination.--It 
                is an unfair immigration-related employment practice 
                for any employer, except to the extent specifically 
                authorized or required by law, to discriminate in any 
                term or condition of employment against any individual 
                employed by such employer on the basis of the 
                immigration status of such individual.'';
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) by striking ``The'' and inserting the 
                        following:
                    ``(A) In general.--The''; and
                            (ii) by adding at the end the following:
                    ``(B) Disclosures.--
                            ``(i) In general.--The Special Counsel 
                        shall not disclose to any government agency or 
                        employee, and shall not cause to be published 
                        in a manner that discloses to any government 
                        agency or employee, any information obtained in 
                        any manner by the Special Counsel concerning 
                        the immigration status of any individual who 
                        has filed a charge under this section or the 
                        identity of any individual or entity that is a 
                        party or witness to a proceeding brought 
                        pursuant to such a charge.
                            ``(ii) Reliance on information.--The 
                        Department of Labor shall not rely, in whole or 
                        in part in any enforcement action or removal 
                        proceeding, upon any information obtained as a 
                        result of the filing or prosecution of an 
                        unfair immigration-related employment practice 
                        charge.
            ``(C) Violation.--Any person who knowingly uses, publishes, 
        or permits information to be used in violation of subparagraph 
        (B) shall be fined not more than $10,000.''; and
                    (B) by adding at the end the following:
            ``(5) Special counsel definition.--In this subsection, the 
        term `Special Counsel' includes individuals formerly appointed 
        to the position of Special Counsel and any current or former 
        employee of the Office of the Special Counsel.'';
            (3) in subsection (d)(3), by striking ``180 days'' and 
        inserting ``1 year'';
            (4) in subsection (g)(2)--
                    (A) in subparagraph (B)--
                            (i) in clause (iii), by inserting before 
                        the semicolon the following: ``, or to make 
                        whole (including by requiring reinstatement 
                        where appropriate) any individual who has been 
                        injured in his or her person or property by 
                        reason of any unfair immigration-related 
                        employment practice''; and
                            (ii) in clause (iv)--
                                    (I) in subclause (I), by striking 
                                ``not less than $250 and not more than 
                                $2,000'' and inserting ``not less than 
                                $500 and not more than $4,000'';
                                    (II) in subclause (II), by striking 
                                ``not less than $2,000 and not more 
                                than $5,000'' and inserting ``not less 
                                than $4,000 and not more than 
                                $10,000'';
                                    (III) in subclause (III), by 
                                striking ``not less than $3,000 and not 
                                more than $10,000'' and inserting ``not 
                                less than $6,000 and not more than 
                                $20,000''; and
                                    (IV) by striking subclause (IV) and 
                                inserting the following:
                            ``(IV) in the case of an unfair 
                        immigration-related employment practice 
                        described in subparagraph (B) or (C) of 
                        subsection (a)(5), if the person or entity has 
                        been found by a Federal or State agency or 
                        court of competent jurisdiction, at any time 
                        during the preceding 5 years, to have committed 
                        violations affecting 2 or more workers of any 
                        Federal or State statute proscribing workplace 
                        discrimination, requiring the payment of wages 
                        or benefits, protecting the right to engage in 
                        concerted activities for the purpose of mutual 
                        aid or protection, or mandating the protection 
                        of worker safety of health, to pay a civil 
                        penalty of not less than $5,000 and not more 
                        than $20,000 for each individual discriminated 
                        against, and in addition, to pay a fine 
                        equivalent to the sum required to be paid to 
                        the individual discriminated against pursuant 
                        to clause (i).''; and
                    (B) in subparagraph (C)--
                            (i) by striking ``two years'' and inserting 
                        ``3 years''; and
                            (ii) by striking ``or the payment to an 
                        individual of any backpay,'';
            (5) in subsection (h), by striking ``, if the losing 
        party's argument is without reasonable foundation in law and 
        fact'';
            (6) in subsection (j)(4), by striking ``but only if the 
        losing party's argument is without reasonable foundation in law 
        and fact''; and
            (7) in subsection (l), by striking ``Not later than 3 
        months after the date of enactment of this subsection'' and 
        inserting ``Not later than 3 months after the date of the 
        enactment of the S.O.L.V.E. Act of 2004''.

SEC. 323. TEMPORARY WORKERS PROGRAM COMMISSION.

    (a) Establishment of Commission.--
            (1) Establishment.--There is established a commission to be 
        known as the Temporary Worker Programs Commission (hereafter in 
this section referred to as the ``Commission'').
            (2) Purpose.--The purpose of the Commission is to study the 
        temporary worker programs created under this title, their 
        effect on the security of the United States, the United States 
        workforce, businesses, workers participating in such programs, 
        and their countries of origin, and make recommendations to 
        Congress with respect to such programs.
            (3) Membership of commission.--
                    (A) Composition.--The Commission shall be composed 
                of 14 members as follows:
                            (i) 3 members shall be appointed by the 
                        Majority Leader of the Senate.
                            (ii) 3 members shall be appointed by the 
                        Speaker of the United States House of 
                        Representatives.
                            (iii) 3 members shall be appointed by the 
                        Minority Leader of the Senate.
                            (iv) 3 members shall be appointed by the 
                        Minority Leader of the United States House of 
                        Representatives.
                            (v) 1 member shall be a designee of the 
                        Secretary of Labor.
                            (vi) 1 member shall be a designee of the 
                        Secretary of Homeland Security.
                    (B) Qualifications of members.--
                            (i) Appointments.--Persons who are 
                        appointed under subparagraph (A) shall be 
                        persons who have expertise in economics, 
                        demography, labor, business, immigration and 
                        immigration law, national security, or other 
                        pertinent qualifications or experience.
                            (ii) Other considerations.--In appointing 
                        Commission members, every effort shall be made 
                        to ensure that the members--
                                    (I) are representative of a broad 
                                cross-section of perspectives within 
                                the United States, including the public 
                                and private sectors, academics, 
                                immigrant leaders and advocates, and 
                                law enforcement and security experts; 
                                and
                                    (II) provide fresh insights to 
                                examining the temporary worker 
                                programs.
            (4) Period of appointment; vacancies.--
                    (A) In general.--Members shall be appointed not 
                later than 120 days after the enactment of this Act and 
                the appointment shall be for the life of the 
                Commission.
                    (B) Vacancies.--Any vacancy in the Commission shall 
                not affect its powers, but shall be filled in the same 
                manner as the original appointment.
            (5) Initial meeting.-- Not later than 60 days after the 
        date on which all members of the Commission have been 
        appointed, the Commission shall hold its first meeting.
            (6) Meetings.--The Commission shall meet at the call of the 
        Chairperson.
            (7) Chairperson and vice chairperson.--The members of the 
        Commission shall elect a chairperson and vice chairperson from 
        among the members of the Commission.
            (8) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum for the transaction of business.
            (9) Voting.--Each member of the Commission shall be 
        entitled to 1 vote, which shall be equal to the vote of every 
        other member of the Commission.
            (10) Compensation and expenses.--The members of the 
        Commission shall not receive compensation for the performance 
        of services for the Commission, but shall be allowed travel 
        expenses, including per diem in lieu of subsistence, at rates 
        authorized for employees of agencies under subchapter I of 
        chapter 57 of title 5, United States Code, while away from 
        their homes or regular places of business in the performance of 
        services for the Commission.
            (11) Staff.--The Chair, in accordance with rules agreed 
        upon by the Commission, may appoint and fix the compensation of 
        an executive director, staff members, and such other personnel 
        as may be necessary to enable the Commission to carry out its 
        functions, without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive 
        services, and without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of such title, relating to 
        classification and General Schedule pay rates, except that no 
        rate of pay fixed under this paragraph may exceed the 
        equivalent of that payable for a position at level V of the 
        Executive Schedule under section 5316 of such title.
            (12) Detailees.--Any Federal Government employee may be 
        detailed to the Commission without reimbursement from the 
        Commission, and such detailee shall retain the rights, status, 
        and privileges of his or her regular employment without 
        interruption.
            (13) Consultant services.--The Commission is authorized to 
        procure the services of experts and consultants in accordance 
        with section 3109 of title 5, United States Code, but at rates 
        not to exceed the daily rate paid a person occupying a position 
        at level IV of the Executive Schedule under section 5315 of 
        title 5, United States Code.
    (b) Administrative Provisions.--
            (1) Information from federal agencies.--The Commission may 
        secure directly from any Federal department or agency such 
        information, suggestions, estimates, and statistics as the 
        Commission considers necessary to carry out the provisions of 
        this section. Upon request of the Commission, the head of such 
        department or agency shall furnish such information to the 
        Commission.
            (2) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out the objectives of this section, except that, to the 
        extent possible, the Commission shall use existing data and 
research. The Commission shall provide all interested parties an 
opportunity for input regarding the duties into the fact-finding 
undertaken pursuant to their knowledge and expertise
            (3) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as departments and agencies of the Federal Government.
            (4) Assistance from federal agencies.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions. The 
        departments and agencies of the United States may provide to 
        the Commission such services, funds, facilities, staff, and 
        other support services as they may determine advisable and as 
        may be authorized by law.
    (c) Reports.--Not later than 3 years after all of the members are 
appointed to the Commission, the Commission shall submit to the 
Congress, the Secretary of Labor, and the Secretary of Homeland 
Security a preliminary report that summarizes the directions of the 
Commission and initial recommendations. Not later than 5 years after 
the Commission members are appointed, the Commission shall submit to 
the Congress, the Secretary of Labor, and the Secretary of Homeland 
Security a report that contains the findings of the Commission and 
makes such recommendations as are consistent with the purpose and 
duties of the Commission, including recommendations for legislative and 
administrative actions to implement the conclusions of the Commission.
    (d) Duties of the Commission.--The Commission shall examine--
            (1) the effect that the employment of workers described in 
        clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) has 
        on the national security of the United States, including the 
        impact such programs have had on screening aliens seeking 
        admission at the U.S. borders and ports of entry;
            (2) the effect that the employment of workers described in 
        clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) has 
        on the United States workforce, including the wages, employment 
        and working conditions of United States workers; whether actual 
        shortages existed for the positions sought to be filled, 
        alternative methods to address skill shortages, and whether the 
        positions filled under the programs were actually temporary;
            (3) the effect that the employment of workers described in 
        clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) has 
        on United States businesses, including any alleviation of 
        workforce shortages or creation of new jobs;
            (4) the effect that the employment of workers described in 
        clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) has 
        on such workers, including the wages and working conditions of 
        such workers;
            (5) the effect that the employment of workers described in 
        clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) has 
        on the countries of origin of such workers, including the 
        impact of remittances, economic development, and brain drain on 
        such countries;
            (6) the adequacy and accuracy of the current wage 
        calculation system, and whether changes are needed to improve 
        such system, including the Occupational Employment System 
        survey, its calculation of wage data based on skill and 
        experience levels, difference among types of employers 
        (specifically for-profit and nonprofit, and government and non-
        government) and the use of private, independent wage surveys;
            (7) the adequacy of past labor certification systems under 
        the H-2b program, in comparison to the labor attestation system 
        created by this title; whether changes are needed to improve 
        such system; and recommendations for such improvements;
            (8) the factors necessary to develop and implement an 
        appropriate labor market test governing the temporary worker 
        programs described in this section, including measures related 
        to unemployment levels that are geographic and occupational-
        specific, and median wages in the occupations and vacancy 
        rates; and make recommendations to promulgate such a labor 
        market test;
            (9) the current enforcement mechanisms contained in the 
        temporary worker programs and whether changes are needed to 
        improve the investigation and enforcement of violations;
            (10) any other recommendations that are warranted.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
of this section.

SEC. 324. SUBMISSION TO CONGRESS OF INFORMATION REGARDING H-2B AND H-1D 
              NONIMMIGRANTS.

    Section 416 of the American Competitiveness and Workforce 
Improvement Act of 1998 (title IV of division C of Public Law 105-277; 
8 U.S.C. 1184 note) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) by adding at the end the following new subsection:
    ``(d) Provision of Information.--
            ``(1) Quarterly notification.--Beginning not later than 
        December 1, 2005, the Secretary of Homeland Security shall 
        notify, on a quarterly basis, the Committees on the Judiciary 
        of the House of Representatives and the Senate of the numbers 
        of aliens who during the preceding 3-month period--
                    ``(A) were issued visas or otherwise provided 
                nonimmigrant status under clause (i)(d) or (ii)(b) of 
                section 101(a)(15)(H) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(H)); or
                    ``(B) had such a visa or such status expire or be 
                revoked or otherwise terminated.
            ``(2) Annual submission.--Beginning with fiscal year 2006, 
        the Secretary of Homeland Security shall submit on an annual 
        basis, to the Committees on the Judiciary of the House of 
        Representatives and the Senate--
                    ``(A) information on the countries of origin and 
                occupations of, and compensation paid to, aliens who 
                were issued visas or otherwise provided nonimmigrant 
                status under clause (i)(d) or (ii)(b) of section 
                101(a)(15)(H) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)(H)) during the previous fiscal year;
                    ``(B) the number of aliens who during each month of 
                such fiscal year had such a visa or such status expire 
                or be revoked or otherwise terminated;
                    ``(C) the number of aliens who were provided 
                nonimmigrant status under such section during both such 
                fiscal year and the fiscal year preceding such fiscal 
                year; and
                    ``(D) the number of aliens provided nonimmigrant 
                status under such section who adjust status to lawful 
                permanent residence based on a petition filed by an 
                employer or a self-petition.''.
                                 <all>
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