II 

108TH CONGRESS 

2D SESSION S. 2010

To strengthen national security and United States borders, reunify families, 

provide willing workers, and establish earned adjustment under the immigration laws of the United States. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 21, 2004

Mr. HAGEL (for himself and Mr. DASCHLE) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL

To strengthen national security and United States borders, 

reunify families, provide willing workers, and establish 

earned adjustment under the immigration laws of the 

United States.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Immigration Reform 

5 Act of 2004: Strengthening America’s National Security, 

6 Economy, and Families’’ or the ‘‘Immigration Reform Act 

7 of 2004’’. 
2

•S 2010 IS 

1 TITLE I— FAMILY 

2 REUNIFICATION 

3 SEC. 101. TREATMENT OF IMMEDIATE RELATIVES WITH RE4 SPECT TO THE FAMILY IMMIGRATION CAP. 

5 (a) EXEMPTION OF IMMEDIATE RELATIVES FROM

6 FAMILY-SPONSORED IMMIGRANT CAP.—Section 

7 201(c)(1)(A) of the Immigration and Nationality Act (8 

8 U.S.C. 1151(c)(1)(A)) is amended by striking clauses (i), 

9 (ii), and (iii) and inserting the following: 

10 ‘‘(i) 480,000, minus; 

11 ‘‘(ii) the number computed under paragraph 

12 (3); plus 

13 ‘‘(iii) the number (if any) computed under para14 graph (2).’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

16 Section 201(c) of the Immigration and Nationality Act (8 

17 U.S.C. 1151(c)) is amended—

18 (1) by striking paragraph (2); and 

19 (2) by redesignating paragraphs (3), (4), and 

20 (5) as paragraphs (2), (3), and (4), respectively. 
3

•S 2010 IS 

1 SEC. 102. RECLASSIFICATION OF SPOUSES AND MINOR 

2 CHILDREN OF LEGAL PERMANENT RESI3 DENTS AS IMMEDIATE RELATIVES. 

4 (a) IMMEDIATE RELATIVES.—Section 

5 201(b)(2)(A)(i) of the Immigration and Nationality Act 

6 (8 U.S.C. 1151(b)(2)(A)(i)) is amended—

7 (1) in the first sentence, by inserting ‘‘or the 

8 spouses and children of aliens lawfully admitted for 

9 permanent residence,’’ after ‘‘United States,’’; 

10 (2) in the second sentence—

11 (A) by inserting ‘‘or lawful permanent resi12 dent’’ after ‘‘citizen’’ each place that term ap13 pears; and 

14 (B) by inserting ‘‘or lawful permanent resi15 dent’s’’ after ‘‘citizen’s’’ each place that term 

16 appears; 

17 (3) in the third sentence, by inserting ‘‘or the 

18 lawful permanent resident loses lawful permanent 

19 resident status’’ after ‘‘United States citizenship’’; 

20 and 

21 (4) by adding at the end the following: ‘‘A 

22 spouse or child, as defined in subparagraph (A), (B), 

23 (C), (D), or (E) of section 101(b)(1) shall be enti24 tled to the same status, and the same order of con25 sideration provided in the respective subsection, if 

26 accompanying or following to join the spouse or par-
4

•S 2010 IS 

1 ent. The same treatment shall apply to parents of 

2 citizens of the United States being entitled to the 

3 same status, and the same order of consideration 

4 provided in the respective subsection, if accom5 panying or following to join their daughter or son.’’. 

6 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

7 203(a) of the Immigration and Nationality Act (8 U.S.C. 

8 1153(a)) is amended—

9 (1) in paragraph (1), by striking ‘‘23,400’’ and 

10 inserting ‘‘38,000’’; 

11 (2) by striking paragraph (2) and inserting the 

12 following: 

13 ‘‘(2) UNMARRIED SONS AND UNMARRIED

14 DAUGHTERS OF PERMANENT RESIDENT ALIENS.—

15 Qualified immigrants who are the unmarried sons or 

16 unmarried daughters (but are not the children) of 

17 an alien lawfully admitted for permanent residence 

18 shall be allocated visas in a number not to exceed 

19 60,000 plus the number (if any) by which such 

20 worldwide level exceeds 226,000, plus any visas not 

21 required for the class specified in paragraph (1).’’; 

22 (3) in paragraph (3), by striking ‘‘23,400’’ and 

23 inserting ‘‘38,000’’; and 

24 (4) in paragraph (4), by striking ‘‘65,000’’ and 

25 inserting ‘‘90,000’’. 
5

•S 2010 IS 

1 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

2 (1) RULES FOR DETERMINING WHETHER CER3 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 

4 201(f) of the Immigration and Nationality Act (8 

5 U.S.C. 1151(f)) is amended—

6 (A) in paragraph (1), by striking ‘‘para7 graphs (2) and (3),’’ and inserting ‘‘paragraph 

8 (2),’’; 

9 (B) by striking paragraph (2); and 

10 (C) by redesignating paragraph (3) as 

11 paragraph (2). 

12 (2) NUMERICAL LIMITATION TO ANY SINGLE

13 FOREIGN STATE.—Section 202 of the Immigration 

14 and Nationality Act (8 U.S.C. 1152) is amended—

15 (A) in subsection (a)(4)—

16 (i) by striking subparagraphs (A) and 

17 (B); 

18 (ii) by redesignating subparagraphs 

19 (C) and (D) as subparagraphs (A) and (B) 

20 respectively; and 

21 (iii) in subparagraph (A), as so redes22 ignated, by striking ‘‘section 203(a)(2)(B)’’ 

23 and inserting ‘‘section 203(a)(2)’’; and 

24 (B) in subsection (e), in the flush matter 

25 following paragraph (3), by striking ‘‘, or as
6

•S 2010 IS 

1 limiting the number of visas that may be issued 

2 under section 203(a)(2)(A) pursuant to sub3 section (a)(4)(A)’’. 

4 (3) ALLOCATION OF IMMIGRATION VISAS.—Sec5 tion 203(h) of the Immigration and Nationality Act 

6 (8 U.S.C. 1153(h)) is amended—

7 (A) in paragraph (1)—

8 (i) in the matter preceding subpara9 graph (A), by striking ‘‘subsections 

10 (a)(2)(A) and (d)’’ and inserting ‘‘sub11 section (d)’’; 

12 (ii) in subparagraph (A), by striking 

13 ‘‘becomes available for such alien (or, in 

14 the case of subsection (d), the date on 

15 which an immigrant visa number became 

16 available for the alien’s parent),’’ and in17 serting ‘‘became available for the alien’s 

18 parent,’’; and 

19 (iii) in subparagraph (B), by striking 

20 ‘‘applicable’’; 

21 (B) in paragraph (2), by striking ‘‘The pe22 tition’’ and all that follows through the period 

23 and inserting ‘‘The petition described in this 

24 paragraph is a petition filed under section 204 
7

•S 2010 IS 

1 for classification of the alien’s parent under 

2 subsection (a), (b), or (c).’’; and 

3 (C) in paragraph (3), by striking ‘‘sub4 sections (a)(2)(A) and (d)’’ and inserting ‘‘sub5 section (d)’’. 

6 (4) PROCEDURE FOR GRANTING IMMIGRANT

7 STATUS.—Section 204 of the Immigration and Na8 tionality Act (8 U.S.C. 1154) is amended—

9 (A) in subsection (a)(1)—

10 (i) in subparagraph (A)—

11 (I) in clause (iii)—

12 (aa) by inserting ‘‘or legal 

13 permanent resident’’ after ‘‘cit14 izen’’ each place that term ap15 pears; and 

16 (bb) in subclause 

17 (II)(aa)(CC)(bbb), by inserting 

18 ‘‘or legal permanent resident’’ 

19 after ‘‘citizenship’’; 

20 (II) in clause (iv)—

21 (aa) by inserting ‘‘or legal 

22 permanent resident’’ after ‘‘cit23 izen’’ each place that term ap24 pears; and 
8

•S 2010 IS 

1 (bb) by inserting ‘‘or legal 

2 permanent resident’’ after ‘‘citi3 zenship’’; 

4 (III) in clause (v)(I), by inserting 

5 ‘‘or legal permanent resident’’; and 

6 (IV) in clause (vi)—

7 (aa) by inserting ‘‘or legal 

8 permanent resident status’’ after 

9 ‘‘renunciation of citizenship’’; 

10 and 

11 (bb) by inserting ‘‘or legal 

12 permanent resident’’ after ‘‘abus13 er’s citizenship’’; 

14 (ii) by striking subparagraph (B); 

15 (iii) by redesignating subparagraphs 

16 (C) through (J) as subparagraphs (B) 

17 through (I), respectively; 

18 (iv) in subparagraph (B), as so redes19 ignated, by striking ‘‘subparagraph 

20 (A)(iii), (A)(iv), (B)(ii), or (B)(iii)’’ and in21 serting ‘‘clause (iii) or (iv) of subpara22 graph (A)’’; and 

23 (v) in subparagraph (I), as so redesig24 nated—
9

•S 2010 IS 

1 (I) by striking ‘‘or clause (ii) or 

2 (iii) of subparagraph (B)’’; and 

3 (II) by striking ‘‘under subpara4 graphs (C) and (D)’’ and inserting 

5 ‘‘under subparagraphs (B) and (C)’’; 

6 (B) by striking subsection (a)(2); 

7 (C) in subsection (h), by striking ‘‘or a pe8 tition filed under subsection (a)(1)(B)(ii)’’; and 

9 (D) in subsection (j), by striking ‘‘sub10 section (a)(1)(D)’’ and inserting ‘‘subsection 

11 (a)(1)(C)’’. 

12 SEC. 103. EXCEPTIONS. 

13 Section 212(a)(9)(B)(iii) of the Immigration and Na14 tionality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by 

15 adding at the end the following: 

16 ‘‘(V) SPOUSES AND CHILDREN

17 OF LEGAL PERMANENT RESIDENTS OR

18 CITIZENS OF THE UNITED STATES

19 AND PARENTS OF UNITED STATES

20 CITIZENS.—The provisions of this 

21 subparagraph or subparagraph 

22 (C)(i)(I) shall be waived for spouses 

23 and children of legal permanent resi24 dents or citizens of the United States 

25 as well as parents of citizens of the 
10

•S 2010 IS 

1 United States, as such terms are de2 fined in section 201(b)(2)(A)(i), on 

3 whose behalf or who are derivative 

4 beneficiaries of a petition filed under 

5 section 203 on or before the date of 

6 introduction of the Immigration Re7 form Act of 2004.’’. 

8 TITLE II—WILLING WORKER 

9 PROGRAM 

10 SEC. 201. WILLING WORKERS. 

11 (a) H–2B WORKERS.—Section 101(a)(15)(H)(ii)(b) 

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

13 1101(a)(15)(H)(ii)(b)) is amended— 

14 (1) by inserting ‘‘subject to section 212(t),’’ be15 fore ‘‘having a residence’’; and 

16 (2) by striking ‘‘temporary service or labor’’ 

17 and inserting ‘‘short-term service or labor, lasting 

18 not more than 9 months’’. 

19 (b) H–2C WORKERS.—Section 101(a)(15)(H)(ii)(b) 

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

21 1101(a)(15)(H)(ii)(b)) is amended by striking ‘‘profes22 sion; or’’ and inserting ‘‘profession, or (c) subject to sec23 tion 212(t), who is coming temporarily to the United 

24 States to perform labor or services, other than those occu25 pation classifications covered under the provisions of 
11

•S 2010 IS 

1 clause (i)(b), (ii)(a), or (ii)(b) of this subparagraph or sub2 paragraph (L), (O), or (P), for a United States employer, 

3 if United States workers qualified to perform such labor 

4 or service cannot be identified; or’’. 

5 SEC. 202. RECRUITMENT OF UNITED STATES WORKERS. 

6 Section 212 of the Immigration and Nationality Act 

7 (8 U.S.C. 1182) is amended— 

8 (1) by redesignating subsection (p), as added by 

9 section 1505(f) of Public Law 106–386 (114 Stat. 

10 1526) as subsection (s); and 

11 (2) by adding at the end the following: 

12 ‘‘(t)(1) An employer that seeks to employ an alien 

13 described in clause (ii)(b) or (ii)(c) of section 

14 101(a)(15)(H) shall, with respect to an alien described in 

15 such clause (ii)(b), 14 days prior to filing an application 

16 under paragraph (3), and with respect to an alien de17 scribed in such clause (ii)(c), 30 days prior to filing an 

18 application under paragraph (3), take the following steps 

19 to recruit United States workers for the position for which 

20 the nonimmigrant worker is sought: 

21 ‘‘(A) Submit a copy of the job opportunity, in22 cluding a description of the wages and other terms 

23 and conditions of employment, to the United States 

24 Employment Services within the Department of 

25 Labor (ES) which shall provide the employers with
12

•S 2010 IS 

1 an acknowledgement of receipt of the documentation 

2 provided to the ES in accordance with this subpara3 graph. 

4 ‘‘(B) Authorize the ES to post the job oppor5 tunity on ‘America’s Job Bank’ and local job banks, 

6 and with unemployment agencies and other labor re7 ferral and recruitment sources pertinent to the job 

8 in question. 

9 ‘‘(C) Authorize the ES to notify the central of10 fice of the State Federation of Labor in the State 

11 in which the job is located. 

12 ‘‘(D) Post the availability of the job opportunity 

13 for which the employer is seeking a worker in con14 spicuous locations at the place of employment for all 

15 employees to see. 

16 ‘‘(E) Advertise, with respect to an alien de17 scribed in such clause (ii)(b), for at least 3 consecu18 tive days, and for an alien described in such clause 

19 (ii)(c), for at least 10 consecutive days, the avail20 ability of the job opportunity for which the employer 

21 is seeking a worker in a publication with the highest 

22 circulation in the labor market that is likely to be 

23 patronized by a potential worker. 

24 ‘‘(F) Based on recommendations by the local 

25 job service, advertise the availability of the job op-
13

•S 2010 IS 

1 portunity in professional, trade, or ethnic publica2 tions that are likely to be patronized by a potential 

3 worker. 

4 ‘‘(2) An employer that seeks to employ an alien de5 scribed in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) 

6 shall— 

7 ‘‘(A) has offered the job to any United States 

8 worker who applies and is qualified for the job for 

9 which the nonimmigrant worker is sought and who 

10 is available at the time of need; and 

11 ‘‘(B) be required to maintain, for at least 1 

12 year after the employment relationship is termi13 nated, documentation of recruitment efforts and re14 sponses received prior to the filing of the employer’s 

15 application with the Secretary of Labor, including 

16 resumes, applications, and if applicable, tests of 

17 United States workers who applied and were not 

18 hired for the job the employer seeks to fill with a 

19 nonimmigrant worker.’’. 

20 SEC. 203. ADMISSION OF WILLING WORKERS. 

21 (a) APPLICATION TO THE SECRETARY OF LABOR.—

22 Section 212(t) of the Immigration and Nationality Act (8 

23 U.S.C. 1182(t)), as added by section 202, is amended by 

24 adding after paragraph (2) the following: 
14

•S 2010 IS 

1 ‘‘(3) An employer that seeks to fill a position with 

2 an alien described in clause (ii)(b) or (ii)(c) of section 

3 101(a)(15)(H), shall file with the Secretary of Labor an 

4 application attesting that— 

5 ‘‘(A) the employer is offering and will offer dur6 ing the period of authorized employment to aliens 

7 admitted or provided status as a nonimmigrant de8 scribed in clause (ii)(b) or (ii)(c) of section 

9 101(a)(15)(H), wages that are at least— 

10 ‘‘(i) the actual wage level paid by the em11 ployer to all other individuals with similar expe12 rience and qualifications for the specific em13 ployment in question; or 

14 ‘‘(ii) the prevailing wage level for the occu15 pational classification in the area of employ16 ment; 

17 whichever is greater, based on the best information 

18 available at the time of the filing of the application, 

19 and for purposes of clause (ii) the prevailing wage 

20 level shall be, if the job opportunity is covered by a 

21 collective bargaining agreement between a union and 

22 the employer, the wage rate set forth in the collec23 tive bargaining agreement, or if the job opportunity 

24 is not covered by a collective bargaining agreement 

25 between a union and the employer, and it is in an 
15

•S 2010 IS 

1 occupation that is covered by a wage determination 

2 under the Davis-Bacon Act (40 U.S.C. 276a et seq.) 

3 or the Service Contract Act of 1965 (41 U.S.C. 351 

4 et seq.), the appropriate statutory wage determina5 tion; 

6 ‘‘(B) the employer will offer the same wages, 

7 benefits, and working conditions for such non8 immigrant as those provided to United States work9 ers similarly employed in the same occupation and 

10 the same place of employment; 

11 ‘‘(C) there is not a strike, lockout, or labor dis12 pute in the occupational classification at the place of 

13 employment (including any concerted activity to 

14 which section 7 of the Labor Management Relations 

15 Act (29 U.S.C. 157) applies); 

16 ‘‘(D) the employer will abide by all applicable 

17 laws and regulations relating to the right of workers 

18 to join or organize a union; 

19 ‘‘(E) the employer has provided notice of the 

20 filing of the application to the bargaining represent21 ative, if any, of the employer’s employees in the oc22 cupational classification at the place of employment 

23 or, if there is no such bargaining representative, has 

24 posted notice of the filing in conspicuous locations at 

25 the place of employment for all employees to see for 
16

•S 2010 IS 

1 not less than 10 business days for an alien described 

2 in clause (ii)(b) of section 101(a)(15)(H) and for not 

3 less than 25 business days for an alien described in 

4 clause (ii)(c) of such section; 

5 ‘‘(F) the employer (including its officers, rep6 resentatives, agents, or attorneys) has not required 

7 the applicant to pay any fee or charge for preparing 

8 the application and submitting it to the Secretary of 

9 Labor, the Secretary of Homeland Security, or the 

10 Secretary of State; 

11 ‘‘(G) the requirements for the job opportunity 

12 represent the employer’s actual minimum require13 ments for that job and the employer will not hire 

14 nonimmigrant workers with less training or experi15 ence; 

16 ‘‘(H) the employer, within the 60 days prior to 

17 the filing of the application and the 60 days fol18 lowing the filing, has not laid-off, and will not lay19 off, any United States worker employed by the em20 ployer in any similar position at the place of employ21 ment; 

22 ‘‘(I) the employer, prior to the filing of the ap23 plication, has complied with the recruitment require24 ments in accordance with paragraph (1); and
17

•S 2010 IS 

1 ‘‘(J) no job offer may impose on United States 

2 workers any restrictions or obligations that will not 

3 be imposed by an employer on a nonimmigrant 

4 worker described in clause (ii)(b) or (ii)(c) of section 

5 101(a)(15)(H).’’. 

6 (b) ACCOMPANIED BY JOB OFFER.—Section 212(t) 

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

8 1182(t)), as amended by subsection (a), is further amend9 ed by adding after paragraph (3) the following: 

10 ‘‘(4) Each application filed under paragraph (3) shall 

11 be accompanied by— 

12 ‘‘(A) a copy of the job offer describing the 

13 wages and other terms and conditions of employ14 ment; 

15 ‘‘(B) a statement of the minimum education, 

16 training, experience, and requirements for the job 

17 opportunity in question; 

18 ‘‘(C) copies of the documentation submitted to 

19 the United States Employment Services within the 

20 Department of Labor (ES) to recruit United States 

21 workers in accordance with paragraph (1); 

22 ‘‘(D) copies of the advertisements to recruit 

23 United States workers placed in publications in ac24 cordance with paragraph (1); and 
18

•S 2010 IS 

1 ‘‘(E) a copy of the acknowledgement of receipt 

2 provided to the employer by the ES in accordance 

3 with paragraph (1)(A).’’. 

4 (c) INCOMPLETE APPLICATIONS; RETENTION OF AP5 PLICATION; FILING OF PETITION.—Section 212(t) of the 

6 Immigration and Nationality Act (8 U.S.C. 1182(t)), as 

7 amended by subsection (b), is further amended by adding 

8 after paragraph (4) the following: 

9 ‘‘(5) The Secretary of Labor shall review the applica10 tion and requisite documents filed in accordance with 

11 paragraphs (3) and (4) for completeness and accuracy and 

12 if deficiencies are found, the Secretary of Labor shall no13 tify the employer and provide the employer with an oppor14 tunity to address such deficiencies. 

15 ‘‘(6) A copy of the application and requisite docu16 ments filed with the Secretary of Labor in accordance with 

17 paragraphs (3) and (4) shall be retained by the employer 

18 in a public access file at the employer’s headquarters or 

19 principal place of employment of the alien for the duration 

20 of the employment relationship and for 1 year after the 

21 termination of that employment relationship. 

22 ‘‘(7) Upon the approval of an application by the Sec23 retary of Labor, an employer who seeks to employ an alien 

24 described in clause (ii)(b) or (ii)(c) of section 

25 101(a)(15)(H) shall file a petition as required under sec-
19

•S 2010 IS 

1 tion 214(c)(1) with the Bureau of Citizenship and Immi2 gration Services within the Department of Homeland Se3 curity. 

4 ‘‘(8) Upon finalization of the visa processing, the Sec5 retary of Homeland Security shall issue each alien who 

6 obtains legal status under clause (ii)(b) or (ii)(c) of section 

7 101(a)(15)(H) with a counterfeit-resistant visa and a doc8 ument of authorization, both of which meet all the require9 ments established by the Secretary of Homeland Security 

10 for travel documents and reflects the benefits and status 

11 set forth in this subsection.’’. 

12 SEC. 204. WORKER PROTECTIONS. 

13 Section 212(t) of the Immigration and Nationality 

14 Act (8 U.S.C. 1182(t)), as amended by section 203, is fur15 ther amended by adding after paragraph (7) the following: 

16 ‘‘(8)(A) Nothing in this subsection shall be construed 

17 to limit the rights of an employee under a collective bar18 gaining agreement or other employment contract. 

19 ‘‘(B) An alien admitted or otherwise provided status 

20 under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) 

21 shall not be denied any right or any remedy under Fed22 eral, State, or local labor or employment law that is appli23 cable to a United States worker employed in a similar po24 sition with the employer because of the status of the alien 

25 as a nonimmigrant worker. 
20

•S 2010 IS 

1 ‘‘(C) It shall be unlawful for an employer who has 

2 filed a petition for a nonimmigrant worker described in 

3 clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) to intimi4 date, threaten, restrain, coerce, blacklist, discharge, or in 

5 any other manner, discriminate against an employee (in6 cluding a former employee) because the employee— 

7 ‘‘(i) disclosed information, to the employer or to 

8 any other person, that the employee reasonably be9 lieves evidences a violation of this subsection or any 

10 rule or regulation pertaining to this subsection; or 

11 ‘‘(ii) because the employee cooperates or seeks 

12 to cooperate in a government investigation or other 

13 proceeding concerning the employer’s compliance 

14 with the requirements of this subsection or any rule 

15 or regulation pertaining to this subsection. 

16 ‘‘(D) The Secretary of Labor and the Secretary of 

17 Homeland Security shall establish a process under which 

18 a nonimmigrant worker described in clause (ii)(b) or 

19 (ii)(c) of section 101(a)(15)(H) who files a complaint re20 garding a violation of this subsection, or any other rule 

21 or regulation pertaining to this subsection and is otherwise 

22 eligible to remain and work in the United States may be 

23 allowed to seek other appropriate employment in the 

24 United States for a period not to exceed the maximum
21

•S 2010 IS 

1 period of stay authorized for that nonimmigrant classifica2 tion. 

3 ‘‘(E)(i) The Secretary of Labor and the Special 

4 Counsel of the Office of Special Counsel for Immigration5 Related Unfair Employment Practices within the Depart6 ment of Justice (referred to in this paragraph as the ‘Spe7 cial Counsel’) shall jointly prescribe a process for the re8 ceipt, investigation, and disposition of complaints respect9 ing a petitioner’s failure to meet a condition specified in 

10 the application submitted under paragraph (3), or a peti11 tioner’s misrepresentation of a material fact in an applica12 tion submitted under paragraph (3). The Secretary of 

13 Labor and the Special Counsel shall provide for coordi14 nated enforcement that ensures that the investigation and 

15 hearing process for a complaint under this subparagraph 

16 is the same whether conducted by the Secretary of Labor 

17 or the Special Counsel. 

18 ‘‘(ii) A complaint may be filed under this subpara19 graph with either the Secretary of Labor or the Special 

20 Counsel by an aggrieved person or organization (including 

21 bargaining representatives). The complaint shall be in 

22 writing under oath and penalty of perjury, and shall con23 tain such information and be in such form as the Sec24 retary of Labor or the Special Counsel requires. No inves25 tigation or hearing shall be conducted on a complaint con-
22

•S 2010 IS 

1 cerning such a failure or misrepresentation unless the 

2 complaint was filed not later than 12 months after the 

3 date on which the failure or misrepresentation became 

4 known or should have become known by the complainant. 

5 The Secretary of Labor and the Special Counsel shall 

6 jointly conduct an investigation under this clause if there 

7 is reasonable basis to believe that such a failure or mis8 representation has occurred. 

9 ‘‘(iii) The process established under clause (i) shall 

10 provide that, not later than 30 days after a complaint is 

11 filed, a determination of whether or not a reasonable basis 

12 exists to find a violation shall be made. 

13 ‘‘(iv) If the Secretary of Labor or the Special Coun14 sel, after receiving a complaint under this subparagraph, 

15 determines after an investigation that a reasonable basis 

16 exists under clause (iii), the Secretary of Labor or the 

17 Special Counsel, as the case may be, may require the par18 ties to submit the issues to conciliation pursuant to a proc19 ess jointly prescribed by the Secretary of Labor and the 

20 Special Counsel. Such process shall remain confidential 

21 and may not be made public by the Secretary of Labor, 

22 the Special Counsel, their officers or employees, or either 

23 of the parties or their representatives. The conciliation pe24 riod shall be 60 days. If there is a determination that 

25 there is a reasonable likelihood that the complaint may 
23

•S 2010 IS 

1 be resolved through conciliation, the conciliation process 

2 may be extended up to 2 additional periods of 30 days 

3 each. 

4 ‘‘(v) If the complaint is not resolved through concilia5 tion, then not later than 30 days after a determination 

6 is made, the Secretary of Labor or the Special Counsel, 

7 as the case may be, shall issue a notice to the interested 

8 parties that provides an opportunity for a hearing on the 

9 complaint, in accordance with section 556 of title 5, 

10 United States Code. 

11 ‘‘(vi) If, on the basis of an investigation of a com12 plaint under this subparagraph, it is determined that a 

13 reasonable basis does not exist the Secretary of Labor or 

14 the Special Counsel, as the case may be, shall issue a no15 tice to the interested parties and offer either party an op16 portunity to appeal the determination of the Secretary of 

17 Labor or the Special Counsel. The appeal will provide for 

18 a hearing on the complaint, in accordance with section 556 

19 of title 5, United States Code. 

20 ‘‘(vii) If after receipt of a complaint in accordance 

21 with this subparagraph, no determination is issued within 

22 30 days of whether a reasonable basis exists to find a vio23 lation, the interested or aggrieved party or their represent24 ative may request a hearing on the matter in accordance 

25 with section 556 of title 5, United States Code, by filing 
24

•S 2010 IS 

1 the request directly with the Office of the Chief Adminis2 trative Hearing Officer. 

3 ‘‘(viii) If either party disagrees with the determina4 tion by the Secretary of Labor or the Special Counsel, they 

5 may appeal the decision to the Office of the Chief Admin6 istrative Hearing Officer, and if either party disagrees 

7 with the determination by the Office of the Chief Adminis8 trative Hearing Officer, they may appeal the decision to 

9 an administrative law judge. 

10 ‘‘(ix) If at any stage there is a determination that 

11 there was a failure to meet a requirement of paragraph 

12 (3), or a misrepresentation of a material fact in an appli13 cation—

14 ‘‘(I) the Secretary of Labor, Special Counsel, 

15 Office of the Chief Administrative Hearing Officer, 

16 or administrative law judge, as the case may be, 

17 shall notify the Secretary of Homeland Security of 

18 such findings, and may award such equitable relief 

19 as the party making the determination deems appro20 priate and impose administrative remedies, including 

21 civil monetary penalties not to exceed $2,500 per 

22 violation; and 

23 ‘‘(II) the Secretary of Homeland Security shall 

24 not approve petitions filed by that employer under 
25

•S 2010 IS 

1 section 214(c) for a period of at least 1 year for 

2 aliens to be employed by the employer. 

3 ‘‘(x) The Secretary of Homeland Security may con4 tinue to accept from an employer and approve a petition 

5 that is subject to clause (ix)(II) if the employer shows to 

6 the satisfaction of the Secretary that the act or omission 

7 giving rise to such action was in good faith and that the 

8 employer had reasonable grounds for believing that the 

9 employer’s act or omission was not a violation. A non-im10 migrant worker covered by the application shall remain 

11 entitled to equitable relief notwithstanding any such find12 ing of good faith. 

13 ‘‘(xi) If at any stage there is a determination that 

14 there was a willful failure to meet a requirement of para15 graph (3), or a willful misrepresentation of a material fact 

16 in an application—

17 ‘‘(I) the Secretary of Labor, Special Counsel, 

18 Office of the Chief Administrative Hearing Officer, 

19 or administrative law judge, as the case may be, 

20 shall notify the Secretary of Homeland Security of 

21 such findings, and may award such equitable relief 

22 as the party making the determination deems appro23 priate and may impose administrative remedies, in24 cluding civil monetary penalties in an amount not to 

25 exceed $7,500 per violation; and
26

•S 2010 IS 

1 ‘‘(II) the Secretary of Homeland Security shall 

2 not approve petitions filed with respect to that em3 ployer under section 214(c) during a period of at 

4 least 2 years for aliens to be employed by the em5 ployer. 

6 ‘‘(xii) If at any stage there is a determination that 

7 there was a willful failure to meet a requirement of para8 graph (3), or a willful misrepresentation of material fact 

9 in an application, in the course of which failure or mis10 representation the employer displaced a United States 

11 worker employed by the employer within the period begin12 ning 60 days before and ending 60 days after the date 

13 of filing of any visa petition supported by the applica14 tion—

15 ‘‘(I) the Secretary of Labor, Special Counsel, 

16 Office of the Chief Administrative Hearing Officer, 

17 or administrative law judge, as the case may be, 

18 shall notify the Secretary of Homeland Security of 

19 such findings, and may award such equitable relief 

20 as the party making the determination deems appro21 priate and may impose administrative remedies, in22 cluding civil monetary penalties in an amount not to 

23 exceed $35,000 per violation; and 

24 ‘‘(II) the Secretary of Homeland Security shall 

25 not approve petitions filed with respect to that em-
27

•S 2010 IS 

1 ployer under section 214(c) during a period of at 

2 least 3 years for aliens to be employed by the em3 ployer. 

4 ‘‘(F) The Secretary of Labor and Special Counsel 

5 shall have the authority to initiate and pursue investiga6 tions and audits of employers, whether upon complaint or 

7 otherwise, in order to ensure that employers are not vio8 lating the rights guaranteed under this subsection to non9 immigrant workers described in clause (ii)(b) or (ii)(c) of 

10 section 101(a)(15)(H).’’. 

11 SEC. 205. NOTIFICATION OF EMPLOYEE RIGHTS. 

12 Section 214(c), of the Immigration and Nationality 

13 Act (8 U.S.C. 1184(c)) is amended by adding at the end 

14 the following: 

15 ‘‘(11) An employer that employs an alien de16 scribed in clause (ii)(b) or (ii)(c) of section 

17 101(a)(15)(H) shall provide such alien with the 

18 same notification of the alien’s rights and remedies 

19 under Federal, State, and local laws that the em20 ployer is required to provide to United States work21 ers and, upon request of the United States worker, 

22 make available to United States employees a copy of 

23 the attested application submitted by the employer 

24 regarding that alien to the Secretary of Labor and 
28

•S 2010 IS 

1 the application by the employer regarding that alien 

2 submitted to the Secretary of Homeland Security.’’. 

3 SEC. 206. PORTABILITY. 

4 Section 212(t) of the Immigration and Nationality 

5 Act (8 U.S.C. 1182(t)), as amended by section 204, is fur6 ther amended by adding after paragraph (8) the following: 

7 ‘‘(9)(A) Except as provided in subparagraph (C), any 

8 alien admitted or otherwise provided status as a non9 immigrant described in section 101(a)(15)(H)(ii)(c) may 

10 change employers only after the alien has been employed 

11 by the petitioning employer for at least 3 months from 

12 the date of admission or the date such status was other13 wise acquired. 

14 ‘‘(B) Except as provided in subparagraph (C), any 

15 alien admitted or otherwise provided status as a non16 immigrant described in section 101(a)(15)(H)(ii)(b) shall 

17 be prohibited from changing employers after the alien has 

18 been employed by the petitioning employer. 

19 ‘‘(C) The 3-month employment requirement in sub20 paragraph (A) may be waived (without loss of status dur21 ing the period of the waiver) for a nonimmigrant described 

22 in section 101(a)(15)(H)(ii)(c) and the employment re23 quirement in subparagraph (B) may be waived (without 

24 loss of status during the period of the waiver) for a non-
29

•S 2010 IS 

1 immigrant described in section 101(a)(15)(H)(ii)(b) in cir2 cumstances where— 

3 ‘‘(i) the alien began and continued the employ4 ment in good faith but the employer violated a term 

5 or condition of sponsorship of the alien under this 

6 Act or violated any other law or regulation relating 

7 to the employment of the alien; or 

8 ‘‘(ii) the personal circumstances of the alien 

9 changed so as to require a change of employer, in10 cluding family, medical, or humanitarian reasons, a 

11 disability, or other factor rendering the alien unable 

12 to perform the job. 

13 ‘‘(D) If a waiver under subparagraph (C) is sought, 

14 the application shall be accompanied by such evidence to 

15 warrant the approval of such waiver. 

16 ‘‘(E) A nonimmigrant alien admitted or otherwise 

17 provided status as a nonimmigrant described in clause 

18 (ii)(b) or (ii)(c) of section 101(a)(15)(H) may accept new 

19 employment with a new employer upon the filing by the 

20 new employer of a new application on behalf of such alien 

21 as provided under paragraph (3). Employment authoriza22 tion shall continue until the new petition is adjudicated. 

23 If the new petition is denied, the alien’s right to work as 

24 established by this subsection shall cease. The alien’s right 

25 to work, if any, established by any other provision of law,
30

•S 2010 IS 

1 shall not be affected by the denial of such new applica2 tion.’’. 

3 SEC. 207. SPOUSES AND CHILDREN OF WILLING WORKERS. 

4 Section 212(t) of the Immigration and Nationality 

5 Act (8 U.S.C. 1182(t)), as amended by section 206, is fur6 ther amended by adding after paragraph (9) the following: 

7 ‘‘(10) A spouse or child of a nonimmigrant worker 

8 described in clause (ii)(b) or (ii)(c) of section 

9 101(a)(15)(H) shall be eligible for derivative status by ac10 companying or following to join the alien.’’. 

11 SEC. 208. PETITIONS BY EMPLOYER GROUPS AND UNIONS. 

12 Section 214(c)(1) of the Immigration and Nationality 

13 Act (8 U.S.C. 1184(c)(1)) is amended— 

14 (1) by inserting after the first sentence the fol15 lowing: ‘‘In the case of an alien or aliens described 

16 in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H), 

17 the petition may be filed by an associated or affili18 ated group of employers that have multiple openings 

19 for similar employment on behalf of the individual 

20 employers or by a union or union consortium. The 

21 petition, if approved, will be valid for employment in 

22 the described positions for the member employers, 

23 the union, or union consortium, provided the em24 ploying entity has complied with all applicable re-
31

•S 2010 IS 

1 cruitment requirements and paid the requisite peti2 tion fees.’’; and 

3 (2) by adding at the end the following: ‘‘Noth4 ing in this paragraph shall be construed to permit 

5 a recruiting entity or job shop to petition for an 

6 alien described in clause (ii)(b) or (ii)(c) of section 

7 101(a)(15)(H).’’. 

8 SEC. 209. PROCESSING TIME FOR PETITIONS. 

9 Section 214(c) of the Immigration and Nationality 

10 Act (8 U.S.C. 1184(c)), as amended by section 205, is 

11 further amended by adding at the end the following: 

12 ‘‘(12) The Secretary of Labor shall review the appli13 cation filed under section 212(t)(3) for completeness and 

14 accuracy and issue a determination with regard to the ap15 plication not later than 21 days after the date on which 

16 the application was filed. 

17 ‘‘(13) The Secretary of Homeland Security shall es18 tablish a process for reviewing and completing adjudica19 tions upon petitions filed under this subsection with re20 spect to nonimmigrant workers described in clause (ii)(b) 

21 or (ii)(c) of section 101(a)(15)(H) and derivative applica22 tions associated with these petitions, not later than 60 

23 days after the completed petition has been filed.’’. 
32

•S 2010 IS 

1 SEC. 210. TERMS OF ADMISSION. 

2 Section 214(g) of the Immigration and Nationality 

3 Act (8 U.S.C. 1184(g)) is amended by adding at the end 

4 the following: 

5 ‘‘(8) In the case of a nonimmigrant described in sec6 tion 101(a)(15)(H)(ii)(b), the initial period of authorized 

7 admission shall be for not more than 9 months from the 

8 date of application for admission in such status in any 

9 1-year period. No nonimmigrant described in such section 

10 may be admitted for a total period that exceeds 36 months 

11 in a 4-year period. 

12 ‘‘(9) In the case of a nonimmigrant described in sec13 tion 101(a)(15)(H)(ii)(c), the initial period of authorized 

14 admission shall be for not more than 2 years. The em15 ployer may petition for extensions of such status for an 

16 additional period of not more than 2 years. No non17 immigrant described in such section shall be admitted for 

18 a total period that exceeds 4 years. 

19 ‘‘(10)(A) The limitations contained in paragraphs (8) 

20 and (9) with respect to the duration of authorized stay 

21 shall not apply to any nonimmigrant alien previously 

22 issued a visa or otherwise provided nonimmigrant status 

23 under section 101(a)(15)(H)(ii)(c) on whose behalf a peti24 tion has been filed under section 204(b) to accord the alien 

25 immigrant status under section 203(b), or an application 

26 for adjustment of status has been filed under section 245 
33

•S 2010 IS 

1 to accord the alien status under section 203(b), if 365 

2 days or more have elapsed since— 

3 ‘‘(i) the filing of a labor certification application 

4 on behalf of the alien (if such certification is re5 quired for the alien to obtain status under section 

6 203(b)); or 

7 ‘‘(ii) the filing of the petition under section 

8 204(a). 

9 ‘‘(B) The Secretary of Homeland Security shall ex10 tend the stay of an alien who qualifies for an exemption 

11 under subparagraph (A) in 1-year increments until such 

12 time as a final decision is made— 

13 ‘‘(i) to deny the application described in sub14 paragraph (A)(i), or, in a case in which such appli15 cation is granted, to deny a petition described in 

16 subparagraph (A)(ii) filed on behalf of the alien pur17 suant to such grant; 

18 ‘‘(ii) to deny the petition described in subpara19 graph (A)(ii); or 

20 ‘‘(iii) to grant or deny the alien’s application for 

21 an immigrant visa or for adjustment of status to 

22 that of an alien lawfully admitted for permanent res23 idence.’’. 
34

•S 2010 IS 

1 SEC. 211. NUMBER OF VISAS ISSUED. 

2 Section 214(g)(1)(B) of the Immigration and Nation3 ality Act (8 U.S.C. 1184(g)(1)(B)) is amended to read as 

4 follows: 

5 ‘‘(B)(i) under section 101(a)(15)(H)(ii)(c) 

6 may not exceed 250,000 in each of the 5 fiscal 

7 years following the fiscal year in which the final 

8 regulations implementing the amendments 

9 made by title II of the Immigration Reform Act 

10 of 2004 are published; and 

11 ‘‘(ii) under section 101(a)(15)(H)(ii)(b) 

12 may not exceed 100,000 in each of the 5 fiscal 

13 years following the fiscal year in which the final 

14 regulations implementing the amendments 

15 made by title II of the Immigration Reform Act 

16 of 2004 are published, and may not exceed 

17 66,000 in each fiscal year thereafter.’’. 

18 SEC. 212. IMMIGRATION STUDY COMMISSION. 

19 (a) ESTABLISHMENT.—On the date that is 3 years 

20 after the date of enactment of this Act, there shall be es21 tablished a commission, to be known as the Immigration 

22 Study Commission (referred to in this section as the 

23 ‘‘Commission’’) to review the impact of this Act on the 

24 national security of the United States, the national econ25 omy, and families, and to make recommendations to Con26 gress.
35

•S 2010 IS 

1 (b) MEMBERSHIP.— 

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

3 composed of 12 members, of which— 

4 (A) 3 members shall be appointed by the 

5 majority leader of the Senate; 

6 (B) 3 members shall be appointed by the 

7 minority leader of the Senate; 

8 (C) 3 members shall be appointed by the 

9 Speaker of the House of Representatives; and 

10 (D) 3 members shall be appointed by the 

11 minority leader of the House of Representa12 tives. 

13 (2) QUALIFICATIONS.—The Commission mem14 bers shall represent the public and private sectors 

15 and have expertise in areas that would best inform 

16 the work of the Commission, including national secu17 rity experts, economists, sociologists, worker rep18 resentatives, business representatives, and immigra19 tion lawyers. 

20 (3) CHAIRPERSON.—The chairperson of the 

21 Commission shall be a Commission member agreed 

22 upon by the majority and minority leaders of the 

23 Senate, and the Speaker and the minority leader of 

24 the House of Representatives. 
36

•S 2010 IS 

1 (4) COMPENSATION AND EXPENSES.—The 

2 members of the Commission shall not receive com3 pensation for the performance of services for the 

4 Commission, but shall be allowed travel expenses, in5 cluding per diem in lieu of subsistence, at rates au6 thorized for employees of agencies under subchapter 

7 I of chapter 57 of title 5, United States Code, while 

8 away from their homes or regular places of business 

9 in the performance of services for the Commission. 

10 (5) TERMS.—Each member shall be appointed 

11 for the life of the Commission. Any vacancy shall be 

12 filled by whomever initially appointed the member of 

13 that seat. 

14 (c) ADMINISTRATIVE PROVISIONS.— 

15 (1) LOCATION.—The Commission shall be lo16 cated in a facility maintained by the Bureau of Citi17 zenship and Immigration Services. 

18 (2) DETAIL OF GOVERNMENT EMPLOYEES.—

19 Any Federal Government employee may be detailed 

20 to the Commission without reimbursement, and such 

21 detail shall be without interruption or loss of civil 

22 service status or privilege. 

23 (3) INFORMATION FROM FEDERAL AGENCIES.—

24 The Commission may secure directly from any Fed25 eral department or agency such information as the 
37

•S 2010 IS 

1 Commission considers necessary to carry out the 

2 provisions of this section. Upon request of the Com3 mission, the head of such department or agency 

4 shall furnish such information to the Commission. 

5 (4) HEARINGS.—The Commission may hold 

6 such hearings, sit and act at such times and places, 

7 take such testimony, and receive such evidence as 

8 the Commission considers advisable to carry out the 

9 objectives of this section, except that, to the extent 

10 possible, the Commission shall use existing data and 

11 research. 

12 (5) POSTAL SERVICES.—The Commission may 

13 use the United States mails in the same manner and 

14 under the same conditions as other departments and 

15 agencies of the Federal Government. 

16 (d) REPORT.—Not later than 1 year after all of the 

17 members are appointed to the Commission, the Commis18 sion shall submit to Congress a preliminary report that 

19 summarizes the directions of the Commission and initial 

20 recommendations. Not later than 2 years after the Com21 mission members are appointed, the Commission shall 

22 submit to Congress a report that summarizes the findings 

23 of the Commission and make such recommendations as 

24 are consistent with this Act. 
38

•S 2010 IS 

1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Bureau of Citi3 zenship and Immigration Services such sums as may be 

4 necessary to carry out this section. 

5 SEC. 213. CHANGE OF STATUS. 

6 Section 212(t) of the Immigration and Nationality 

7 Act (8 U.S.C. 1182(t)), as amended by section 207, is fur8 ther amended by adding after paragraph (10) the fol9 lowing: 

10 ‘‘(11) An alien admitted as a nonimmigrant or other11 wise provided status under clause (ii)(b) or (ii)(c) of sec12 tion 101(a)(15)(H) shall be eligible to obtain a change of 

13 status to another immigrant or nonimmigrant classifica14 tion that the alien may be eligible for.’’. 

15 SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMA16 NENT RESIDENT. 

17 (a) EMPLOYMENT-BASED IMMIGRANT VISAS.—Sec18 tion 212(t) of the Immigration and Nationality Act (8 

19 U.S.C. 1182(t)), as amended by section 213, is further 

20 amended by adding after paragraph (11) the following: 

21 ‘‘(12)(A) Nonimmigrant aliens admitted or otherwise 

22 provided status under clause (ii)(b) or (ii)(c) of section 

23 101(a)(15)(H) shall be eligible for an employment-based 

24 immigrant visa pursuant to section 203(b)(3) and adjust25 ment of status pursuant to section 245. 
39

•S 2010 IS 

1 ‘‘(B) Pursuant to subparagraph (A), for purposes of 

2 adjustment of status under section 245(a) or issuance of 

3 an immigrant visa under section 203(b)(3), employment4 based immigrant visas shall be made available, without re5 gard to any numerical limitation imposed by section 201 

6 or 202, to an alien having nonimmigrant status described 

7 in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) upon 

8 the filing of a petition for such a visa by— 

9 ‘‘(i) the employer or any collective bargaining 

10 agent of the alien; or 

11 ‘‘(ii) the alien, provided the alien has been em12 ployed under such nonimmigrant status for at least 

13 3 years. 

14 ‘‘(C) The spouse or child of an alien granted status 

15 under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) 

16 shall be eligible as a derivative beneficiary for an immi17 grant visa and adjustment of status.’’. 

18 (b) DUAL INTENT.—Section 214(h) of the Immigra19 tion and Nationality Act (8 U.S.C. 1184(h)) is amended 

20 by inserting ‘‘(H)(ii)(b), (H)(ii)(c),’’ after ‘‘(H)(i),’’. 

21 SEC. 215. GROUNDS OF INADMISSIBILITY. 

22 Section 212(t) of the Immigration and Nationality 

23 Act (8 U.S.C. 1182(t)), as amended by section 214(a), 

24 is further amended by adding after paragraph (12) the 

25 following:
40

•S 2010 IS 

1 ‘‘(13) In determining the admissibility of an alien 

2 under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H), 

3 violations of grounds of inadmissibility described in para4 graphs (5), (6)(A), (6)(B), (6)(C), (6)(G), (7), (9), and 

5 (10)(B) of section 212(a) committed prior to the applica6 tion under such section, or the approval of a change of 

7 status to a classification under such section shall not apply 

8 if the violation was committed before the date of introduc9 tion of the Immigration Reform Act of 2004.’’. 

10 SEC. 216. PETITION FEES. 

11 Section 212(t) of the Immigration and Nationality 

12 Act (8 U.S.C. 1182(t)), as amended by section 215, is fur13 ther amended by adding after paragraph (13) the fol14 lowing: 

15 ‘‘(14)(A) An employer filing a petition for an alien 

16 described in section 101(a)(15)(H)(ii)(c) shall be required 

17 to pay a filing fee for each alien, based on the cost of 

18 carrying out the processing duties under this subsection, 

19 and a secondary fee of— 

20 ‘‘(i) $250, in the case of an employer employing 

21 25 employees or less; 

22 ‘‘(ii) $500, in the case of an employer employ23 ing between 26 and 150 employees; 

24 ‘‘(iii) $750, in the case of an employer employ25 ing between 151 and 500 employees; or 
41

•S 2010 IS 

1 ‘‘(iv) $1,000, in the case of an employer em2 ploying more than 500 employees. 

3 ‘‘(B) An employer filing a petition for an alien de4 scribed in section 101(a)(15)(H)(ii)(b) shall be required 

5 to pay a filing fee for each alien, based on the costs of 

6 carrying out the processing duties under this subsection, 

7 and a secondary fee of— 

8 ‘‘(i) $125, in the case of an employer employing 

9 25 employees or less; 

10 ‘‘(ii) $250, in the case of an employer employ11 ing between 26 and 150 employees; 

12 ‘‘(iii) $375, in the case of an employer employ13 ing between 151 and 500 employees; or 

14 ‘‘(iv) $500, in the case of an employer employ15 ing more than 500 employees. 

16 ‘‘(C) The fees collected under this paragraph shall be 

17 deposited into accounts within the Department of Home18 land Security, the Department of Labor, and the Depart19 ment of State, and allocated such that— 

20 ‘‘(i) 15 percent of the amounts received shall be 

21 made available to the Department of Homeland Se22 curity until expended to carry out the requirements 

23 related to processing petitions filed by employers for 

24 aliens described in clause (ii)(b) or (ii)(c) of section 

25 101(a)(15)(H); 
42

•S 2010 IS 

1 ‘‘(ii) 20 percent of the amounts received shall 

2 be made available to the Department of Labor until 

3 expended to—

4 ‘‘(I) carry out the requirements related to 

5 processing attestations filed by employers for 

6 aliens described in clause (ii)(b) or (ii)(c) of 

7 section 101(a)(15)(H); and 

8 ‘‘(II) increase the funds available to the 

9 United States Employment Services to assist 

10 State employment service agencies in respond11 ing to employers and employees contacting such 

12 agencies as a result of paragraph (1); 

13 ‘‘(iii) 15 percent of the amounts received shall 

14 be made available to the Department of State until 

15 expended to carry out the requirements related to 

16 processing applications for visas by aliens under 

17 clause (ii)(b) or (ii)(c) of section 101(a)(15)(H); 

18 ‘‘(iv) 20 percent of the amounts received shall 

19 be made available for the performance of functions 

20 under section 212(t)(8)(F) as the Secretary of 

21 Labor and the Special Counsel of the Office of the 

22 Special Counsel for Immigration-Related Unfair 

23 Employment Practices within the Department of 

24 Justice may agree; and 
43

•S 2010 IS 

1 ‘‘(v) 30 percent of the amounts received shall be 

2 made available to the Department of Homeland Se3 curity for implementation of border security meas4 ures.’’. 

5 SEC. 217. TERMINATON OF H-2C TEMPORARY WORKER PRO6 GRAM. 

7 Section 212(t) of the Immigration and Nationality 

8 Act (8 U.S.C. 1182(t)), as amended by section 216, is fur9 ther amended by adding after paragraph (14) the fol10 lowing: 

11 ‘‘(15) The temporary worker program for aliens de12 scribed in section 101(a)(15)(H)(ii)(c) shall terminate at 

13 the end of the fiscal year that is 5 years after the fiscal 

14 year in which the final regulations implementing the 

15 amendments made by title II of the Immigration Reform 

16 Act of 2004 are published. Congress shall review the tem17 porary worker program before the expiration of the pro18 gram based on the findings and recommendations sub19 mitted by the Immigration Study Commission under sec20 tion 212(d) of the Immigration Reform Act of 2004.’’. 

21 SEC. 218. DEFINITIONS. 

22 Section 212(t) of the Immigration and Nationality 

23 Act (8 U.S.C. 1182(t)), as amended by section 217, is fur24 ther amended by adding after paragraph (15) the fol25 lowing:
44

•S 2010 IS 

1 ‘‘(16) In this subsection: 

2 ‘‘(A) The term ‘employer’ means any person or 

3 entity that employs workers in labor or services that 

4 are not agricultural, and shall not include recruiting 

5 entities or job shops. 

6 ‘‘(B) The term ‘job opportunity’ means a job 

7 opening for temporary full-time or part-time employ8 ment at a place in the United States to which 

9 United States workers can be referred. 

10 ‘‘(C)(i) The term ‘lays off’, with respect to a 

11 worker— 

12 ‘‘(I) means to cause the worker’s loss of 

13 employment, other than through a discharge for 

14 inadequate performance, violation of workplace 

15 rules, cause, voluntary departure, voluntary re16 tirement, contract impossibility, termination of 

17 the position or company, temporary layoffs due 

18 to weather, markets, or other temporary condi19 tions; but 

20 ‘‘(II) does not include any situation in 

21 which the worker is offered, as an alternative to 

22 such loss of employment, a similar employment 

23 opportunity with the same employer at equiva24 lent or higher compensation and benefits than 

25 the position from which the employee was dis-
45

•S 2010 IS 

1 charged, regardless of whether or not the em2 ployee accepts the offer. 

3 ‘‘(ii) Nothing in this subparagraph is intended 

4 to limit an employee’s rights under a collective bar5 gaining agreement or other employment contract. 

6 ‘‘(D) The term ‘United States worker’ means 

7 any worker, whether a United States citizen or na8 tional, a lawfully admitted permanent resident alien, 

9 or any other alien, who is authorized to work in the 

10 job opportunity within the United States, except an 

11 alien admitted or otherwise provided status under 

12 clause (ii)(b) or (ii)(c) of section 101(a)(15)(H).’’. 

13 SEC. 219. COLLECTIVE BARGAINING AGREEMENTS. 

14 Notwithstanding any other provision of law, the fact 

15 that an individual holds a visa as a nonimmigrant worker 

16 described in clause (ii)(b) or (ii)(c) of section 

17 101(a)(15)(H) of the Immigration and Nationality Act (8 

18 U.S.C. 1101(a)(15)(H)) shall not render that individual 

19 ineligible to qualify as an employee under the National 

20 Labor Relations Act (29 U.S.C. 151 et seq.) or to be pro21 tected under section 7 of that Act (29 U.S.C. 157). 

22 SEC. 220. REPORT ON WAGE DETERMINATION. 

23 Not later than 2 years after the date of enactment 

24 of this Act, the Bureau of Labor Statistics shall prepare 

25 and transmit to the Committees on Health, Education, 
46

•S 2010 IS 

1 Labor and Pensions and the Judiciary in the Senate and 

2 the Committees on Education and the Workforce and the 

3 Judiciary in the House of Representatives, a report that 

4 addresses— 

5 (1) whether the employment of workers de6 scribed in clause (ii)(b) or (ii)(c) of section 

7 101(a)(15)(H) of the Immigration and Nationality 

8 Act (8 U.S.C. 1101(a)(15)(H)) in the United States 

9 workforce has impacted United States worker wages; 

10 (2) whether any changes should be made for a 

11 future wage system, based on, inter alia, an exam12 ination of the Occupational Employment System 

13 survey, its calculation of wage data based on skill 

14 and experience levels, difference among types of em15 ployers (specifically for-profit and nonprofit, and 

16 government and nongovernment); 

17 (3) whether use of private, independent wage 

18 surveys would provide accurate and reliable criteria 

19 to determine wage rates; and 

20 (4) any other recommendations that are war21 ranted. 

22 SEC. 221. INELIGIBILITY FOR CERTAIN NONIMMIGRANT 

23 STATUS. 

24 (a) BAR TO FUTURE VISAS FOR CONDITION VIOLA25 TIONS.—Any alien who has status pursuant to section 
47

•S 2010 IS 

1 245B of the Immigration and Nationality Act, as added 

2 by title III, or clause (ii)(b) or (ii)(c) of section 

3 101(a)(15)(H) of the Immigration and Nationality Act (8 

4 U.S.C. 1101(a)(15)(H)), shall not be eligible in the future 

5 for such nonimmigrant status if the alien violates any 

6 term or condition of such status. 

7 (b) ALIENS UNLAWFULLY PRESENT.—Any alien who 

8 enters the United States after the date of enactment of 

9 this Act without being admitted or paroled shall be ineli10 gible for nonimmigrant status under clause (ii)(b) or 

11 (ii)(c) of section 101(a)(15)(H) of the Immigration and 

12 Nationality Act (8 U.S.C. 1101(a)(15)(H)). 

13 SEC. 222. INVESTIGATIONS BY DEPARTMENT OF HOME14 LAND SECURITY DURING LABOR DISPUTES. 

15 (a) IN GENERAL.—When information is received by 

16 the Department of Homeland Security concerning the em17 ployment of undocumented or unauthorized aliens, consid18 eration should be given to whether the information is 

19 being provided to interfere with the rights of employees 

20 to— 

21 (1) form, join, or assist labor organizations or 

22 to exercise their rights not to do so; 

23 (2) be paid minimum wages and overtime; 

24 (3) have safe work places; 
48

•S 2010 IS 

1 (4) receive compensation for work related inju2 ries; 

3 (5) be free from discrimination based on race, 

4 gender, age, national origin, religion, or handicap; or 

5 (6) retaliate against employees for seeking to 

6 vindicate these rights. 

7 (b) DETERMINATION OF LABOR DISPUTE.—When8 ever information received from any source creates a sus9 picion that an immigration enforcement action might in10 volve the Department of Homeland Security in a labor dis11 pute, a reasonable attempt should be made by Department 

12 of Homeland Security enforcement officers to determine 

13 whether a labor dispute is in progress. The information 

14 officer at the regional office of the National Labor Rela15 tions Board can supply status information on unfair labor 

16 practice charges or union election or decertification peti17 tions that are pending involving most private sector, non18 agricultural employers. Wage and hour information can be 

19 obtained from the Wage and Hour Division of the Depart20 ment of Labor or the State labor department. 

21 (c) RELEVANT QUESTIONS FOR INFORMANT.—In 

22 order to protect the Department of Homeland Security 

23 from unknowingly becoming involved in a labor dispute, 

24 persons who provide information to the Department of
49

•S 2010 IS 

1 Homeland Security about the employer or employees in2 volved in the dispute should be asked— 

3 (1) their names; 

4 (2) whether there is a labor dispute in progress 

5 at the worksite; 

6 (3) whether the person is or was employed at 

7 the worksite in question (or by a union representing 

8 workers at the worksite); 

9 (4) if applicable, whether the person is or was 

10 employed in a supervisory or managerial capacity or 

11 is related to anyone who is; 

12 (5) how the person came to know that the sub13 jects lacked legal authorization to work, as well as 

14 the source and reliability of the information con15 cerning the subject’s status; 

16 (6) whether the person had or is having a dis17 pute with the employer or the subjects of the infor18 mation; and 

19 (7) if the subjects of the information have 

20 raised complaints or grievances about hours, work21 ing conditions, discriminatory practices, or union 

22 representation or actions, or whether the subjects 

23 have filed workers’ compensation claims. 

24 (d) BICE REVIEW.—There is no prohibition for en25 forcing the Immigration and Nationality Act (8 U.S.C. 
50

•S 2010 IS 

1 1101 et seq.), even when there may be a labor dispute 

2 in progress, however, where it appears that information 

3 may have been provided in order to interfere with or to 

4 retaliate against employees for exercising their rights, no 

5 action should be taken on this information without review 

6 and approval by the Bureau of Immigration and Customs 

7 Enforcement. 

8 (e) ENFORCEMENT ACTION.—When enforcement ac9 tion is taken by the Department of Homeland Security 

10 and the Department determines that there is a labor dis11 pute in progress, or that information was provided to the 

12 Department of Homeland Security to retaliate against em13 ployees for exercising their employment rights, the lead 

14 immigration officer in charge of the Department of Home15 land Security enforcement team at the worksite must en16 sure, to the extent possible, that any aliens who are ar17 rested or detained and are necessary for the prosecution 

18 of any violations are not removed from the country with19 out notifying the appropriate law enforcement agency that 

20 has jurisdiction over the violations. 

21 (f) INTERVIEWS.—Any arrangements for aliens to be 

22 held or interviewed by investigators or attorneys for the 

23 Department of Labor, the State labor department, the Na24 tional Labor Relations Board, or any other agencies or 
51

•S 2010 IS 

1 entities that enforce labor or employment laws will be de2 termined on a case-by-case basis. 

3 SEC. 223. PROTECTION OF WITNESSES. 

4 Chapter 8 of title II of the Immigration and Nation5 ality Act (8 U.S.C. 1151 et seq.) is amended by adding 

6 after section 280 the following: 

7 ‘‘STAY OF REMOVAL

8 ‘‘SEC. 280A. (a) An alien against whom removal pro9 ceedings have been initiated pursuant to chapter 4, who 

10 has filed a workplace claim or who is a material witness 

11 in any pending or anticipated proceeding involving a work12 place claim, shall be entitled to a stay of removal and to 

13 an employment authorized endorsement unless the De14 partment of Labor established by a preponderance of the 

15 evidence in proceedings before the immigration judge pre16 siding over that alien’s removal hearing—

17 ‘‘(1) that—

18 ‘‘(A) the Department of Homeland Secu19 rity initiated the alien’s removal proceeding for 

20 wholly independent reasons and not in any re21 spect based on, or as a result of, any informa22 tion provided to or obtained by the Department 

23 of Homeland Security from the alien’s em24 ployer, from any outside source, including any 

25 anonymous source, or as a result of the filing 

26 or prosecution of the workplace claim; and 
52

•S 2010 IS 

1 ‘‘(B) the workplace claim was filed with a 

2 bad faith intent to delay or avoid the alien’s re3 moval; or 

4 ‘‘(2) that the alien has engaged in criminal con5 duct or is a threat to the national security of the 

6 United States. 

7 ‘‘(b) Any stay of removal or work authorization 

8 issued pursuant to subsection (a) shall remain valid and 

9 in effect at least during the pendency of the proceedings 

10 concerning such workplace claim. The Secretary of Home11 land Security shall extend such relief for a period of not 

12 longer than 3 additional years upon determining that—

13 ‘‘(1) such relief would enable the alien asserting 

14 the workplace claim to be made whole; 

15 ‘‘(2) the deterrent goals of any statute under16 lying the workplace claim would thereby be served; 

17 or 

18 ‘‘(3) such extension would otherwise further the 

19 interests of justice. 

20 ‘‘(c) In this section—

21 ‘‘(1) the term ‘workplace claim’ shall include 

22 any claim, charge, complaint, or grievance filed with 

23 or submitted to the employer, a Federal or State 

24 agency or court, or an arbitrator, to challenge an 

25 employer’s alleged civil or criminal violation of any 
53

•S 2010 IS 

1 legal or administrative rule or requirement affecting 

2 the terms or conditions of its workers’ employment 

3 or the hiring or firing of its workers; and 

4 ‘‘(2) the term ‘material witness’ means an indi5 vidual who presents an affidavit from an attorney 

6 prosecuting or defending the workplace claim or 

7 from the presiding officer overseeing the workplace 

8 claim attesting that, to the best of the affiant’s 

9 knowledge and belief, reasonable cause exists to be10 lieve that the testimony of the individual will be cru11 cial to the outcome of the workplace claim. 

12 ‘‘CONFIDENTIALITY OF IMMIGRATION INFORMATION

13 OBTAINED DURING ADMINISTRATIVE PROCEEDINGS

14 ‘‘SEC. 280B. (a) No officer or employee, including 

15 any former officer or employee, of any Federal or State 

16 administrative agency with jurisdiction over any employ17 er’s workplace shall disclose to the Department of Home18 land Security, or cause to be published in a manner that 

19 discloses to the Department of Homeland Security, any 

20 information concerning the immigration status of any 

21 worker obtained by that officer or employee in connection 

22 with the official duties of that officer or employee, and 

23 the Department of Homeland Security shall not, in any 

24 enforcement action or removal proceeding, use or rely 

25 upon, in whole or in part, any information so obtained.
54

•S 2010 IS 

1 ‘‘(b) Any person who knowingly uses, publishes, or 

2 permits information to be used in violation of subsection 

3 (a) shall be fined not more than $10,000.’’. 

4 SEC. 224. DOCUMENT FRAUD. 

5 Section 274C(d)(3) of the Immigration and Nation6 ality Act (8 U.S.C. 1324c(d)(3)) is amended by inserting 

7 before ‘‘In applying this subsection’’ the following: ‘‘The 

8 civil penalties set forth in subparagraphs (A) and (B) shall 

9 be tripled in the case of any commercial enterprise that 

10 commits any violation of subsection (a) principally for 

11 commercial advantage or financial gain.’’. 

12 TITLE III—ACCESS TO EARNED 

13 ADJUSTMENT 

14 SEC. 301. ADJUSTMENT OF STATUS. 

15 (a) IN GENERAL.—Chapter 5 of title II of the Immi16 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

17 amended by inserting after section 245A the following: 

18 ‘‘ACCESS TO EARNED ADJUSTMENT

19 ‘‘SEC. 245B. Access to earned adjustment. 

20 ‘‘(a) ADJUSTMENT OF STATUS.— 

21 ‘‘(1) PRINCIPAL ALIENS.—Notwithstanding any 

22 other provision of law, the Secretary of Homeland 

23 Security shall adjust to the status of an alien law24 fully admitted for permanent residence, an alien who 

25 satisfies the following requirements: 
55

•S 2010 IS 

1 ‘‘(A) APPLICATION.—The alien shall file 

2 an application establishing eligibility for adjust3 ment of status and pay the fine required under 

4 subsection (m) and any additional amounts 

5 owed under that subsection. 

6 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 

7 ‘‘(i) IN GENERAL.—The alien shall es8 tablish that the alien— 

9 ‘‘(I) was physically present in the 

10 United States for at least 5 years pre11 ceding the date of introduction of the 

12 Immigration Reform Act of 2004; 

13 ‘‘(II) was not legally present on 

14 the date of introduction of the Immi15 gration Reform Act of 2004; and 

16 ‘‘(III) has not departed from the 

17 United States except for brief, casual, 

18 and innocent departures. 

19 ‘‘(ii) LEGALLY PRESENT.—For pur20 poses of this subparagraph, an alien who 

21 has violated any conditions of his or her 

22 visa shall not be considered to be legally 

23 present in the United States. 

24 ‘‘(C) ADMISSIBLE UNDER IMMIGRATION

25 LAWS.—The alien shall establish that the alien 
56

•S 2010 IS 

1 is not inadmissible under section 212(a) except 

2 for any provision of that section that is waived 

3 under subsection (b) of this section. 

4 ‘‘(D) EMPLOYMENT IN UNITED STATES.— 

5 ‘‘(i) IN GENERAL.—The alien shall 

6 have been employed in the United States, 

7 in the aggregate, for—

8 ‘‘(I) at least 3 of the 5 years im9 mediately preceding the date on which 

10 the Immigration Reform Act of 2004 

11 was introduced; and 

12 ‘‘(II) at least 1 year following the 

13 date of enactment of such Act. 

14 ‘‘(ii) EXCEPTIONS.—The employment 

15 requirements in clause (i) shall not apply 

16 to an individual who is under 20 years of 

17 age on the date of introduction of the Im18 migration Reform Act of 2004, and the 

19 employment requirement in clause (i)(II) 

20 shall be reduced for an individual who can21 not demonstrate employment based on a 

22 physical or mental disability or as a result 

23 of pregnancy. 

24 ‘‘(iii) PORTABILITY.—An alien shall 

25 not be required to complete the employ-
57

•S 2010 IS 

1 ment requirements in clause (i) with the 

2 same employer. 

3 ‘‘(iv) EVIDENCE OF EMPLOYMENT.— 

4 ‘‘(I) CONCLUSIVE DOCUMENTS.—

5 For purposes of satisfying the require6 ments in clause (i), the alien shall 

7 submit at least 2 of the following doc8 uments for each period of employ9 ment, which shall be considered con10 clusive evidence of such employment: 

11 ‘‘(aa) Records maintained by 

12 the Social Security Administra13 tion. 

14 ‘‘(bb) Records maintained by 

15 an employer, such as pay stubs, 

16 time sheets, or employment work 

17 verification. 

18 ‘‘(cc) Records maintained by 

19 the Internal Revenue Service. 

20 ‘‘(dd) Records maintained 

21 by a union or day labor center. 

22 ‘‘(ee) Records maintained by 

23 any other government agency, 

24 such as worker compensation 
58

•S 2010 IS 

1 records, disability records, or 

2 business licensing records. 

3 ‘‘(II) OTHER DOCUMENTS.—

4 Aliens unable to submit documents 

5 described in subclause (I) shall submit 

6 at least 3 other types of reliable docu7 ments, including sworn declarations, 

8 for each period of employment to sat9 isfy the requirement in clause (i). 

10 ‘‘(III) INTENT OF CONGRESS.—It 

11 is the intent of Congress that the re12 quirement in clause (i) be interpreted 

13 and implemented in a manner that 

14 recognizes and takes into account the 

15 difficulties encountered by aliens in 

16 obtaining evidence of employment due 

17 to the undocumented status of the 

18 alien. 

19 ‘‘(v) BURDEN OF PROOF.—An alien 

20 applying for adjustment of status under 

21 this subsection has the burden of proving 

22 by a preponderance of the evidence that 

23 the alien has satisfied the employment re24 quirements in clause (i). An alien may sat25 isfy such burden of proof by producing suf-
59

•S 2010 IS 

1 ficient evidence to show the extent of that 

2 employment as a matter of just and rea3 sonable inference. Once the burden is met, 

4 the burden shall shift to the Secretary of 

5 Homeland Security to disprove the alien’s 

6 evidence with a showing which negates the 

7 reasonableness of the inference to be 

8 drawn from the evidence. 

9 ‘‘(E) PAYMENT OF INCOME TAXES.—Not 

10 later than the date on which status is adjusted 

11 under this subsection, the alien shall establish 

12 the payment of all Federal income taxes owed 

13 for employment during the period of employ14 ment required under subparagraph (D)(i). The 

15 alien may satisfy such requirement by estab16 lishing that— 

17 ‘‘(i) no such tax liability exists; 

18 ‘‘(ii) all outstanding liabilities have 

19 been met; or 

20 ‘‘(iii) the alien has entered into an 

21 agreement for payment of all outstanding 

22 liabilities with the Internal Revenue Serv23 ice. 

24 ‘‘(F) BASIC CITIZENSHIP SKILLS.—
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•S 2010 IS 

1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), the alien shall dem3 onstrate that the alien either— 

4 ‘‘(I) meets the requirements of 

5 section 312(a) (relating to minimal 

6 understanding of ordinary English 

7 and a knowledge and understanding 

8 of the history and government of the 

9 United States); or 

10 ‘‘(II) is satisfactorily pursuing a 

11 course of study, recognized by the 

12 Secretary of Homeland Security, to 

13 achieve such understanding of English 

14 and the history and government of the 

15 United States. 

16 ‘‘(ii) EXCEPTIONS.— 

17 ‘‘(I) MANDATORY.—The require18 ments of clause (i) shall not apply to 

19 any person who is unable to comply 

20 with those requirements because of a 

21 physical or developmental disability or 

22 mental impairment. 

23 ‘‘(II) DISCRETIONARY.—The Sec24 retary of Homeland Security may 

25 waive all or part of the requirements 
61

•S 2010 IS 

1 of clause (i) in the case of an alien 

2 who is 65 years of age or older as of 

3 the date of the filing of the applica4 tion for adjustment of status. 

5 ‘‘(G) SECURITY AND LAW ENFORCEMENT

6 CLEARANCES.—The alien shall submit finger7 prints in accordance with procedures estab8 lished by the Secretary of Homeland Security. 

9 Such fingerprints shall be submitted to relevant 

10 Federal agencies to be checked against existing 

11 databases for information relating to criminal, 

12 national security, or other law enforcement ac13 tions that would render the alien ineligible for 

14 adjustment of status under this subsection. The 

15 relevant Federal agencies shall work to ensure 

16 that such clearances are completed within 90 

17 days of the submission of fingerprints. An ap18 peal of a security clearance determination by 

19 the Secretary of Homeland Security shall be 

20 processed through the Department of Home21 land Security. 

22 ‘‘(H) MILITARY SELECTIVE SERVICE.—The 

23 alien shall establish that if the alien is within 

24 the age period required under the Military Se25 lective Service Act (50 U.S.C. App. 451 et 
62

•S 2010 IS 

1 seq.), that such alien has registered under that 

2 Act. 

3 ‘‘(2) SPOUSES AND CHILDREN.— 

4 ‘‘(A) IN GENERAL.— 

5 ‘‘(i) ADJUSTMENT OF STATUS.—Not6 withstanding any other provision of law, 

7 the Secretary of Homeland Security shall, 

8 if otherwise eligible under subparagraph 

9 (B), adjust the status to that of a lawful 

10 permanent resident for— 

11 ‘‘(I) the spouse, or child who was 

12 under 21 years of age on the date of 

13 enactment of the Immigration Reform 

14 Act of 2004, of an alien who adjusts 

15 status or is eligible to adjust status to 

16 that of a permanent resident under 

17 paragraph (1); or 

18 ‘‘(II) an alien who, within 5 

19 years preceding the date of enactment 

20 of the Immigration Reform Act of 

21 2004, was the spouse or child of an 

22 alien who adjusts status to that of a 

23 permanent resident under paragraph 

24 (1), if— 
63

•S 2010 IS 

1 ‘‘(aa) the termination of the 

2 qualifying relationship was con3 nected to domestic violence; or 

4 ‘‘(bb) the spouse or child 

5 has been battered or subjected to 

6 extreme cruelty by the spouse or 

7 parent who adjusts status or is 

8 eligible to adjust status to that of 

9 a permanent resident under para10 graph (1). 

11 ‘‘(ii) APPLICATION OF OTHER LAW.—

12 In acting on applications filed under this 

13 paragraph with respect to aliens who have 

14 been battered or subjected to extreme cru15 elty, the Secretary of Homeland Security 

16 shall apply the provisions of section 

17 204(a)(1)(J) and the protections, prohibi18 tions, and penalties under section 384 of 

19 the Illegal Immigration Reform and Immi20 grant Responsibility Act of 1996 (8 U.S.C. 

21 1367). 

22 ‘‘(B) GROUNDS OF INADMISSIBILITY NOT

23 APPLICABLE.—In establishing admissibility to 

24 the United States, the spouse or child described 

25 in subparagraph (A) shall establish that they 
64

•S 2010 IS 

1 are not inadmissible under section 212(a), ex2 cept for any provision of that section that is 

3 waived under subsection (b) of this section. 

4 ‘‘(C) SECURITY AND LAW ENFORCEMENT

5 CLEARANCE.—The spouse or child, if that child 

6 is 14 years of age or older, described in sub7 paragraph (A) shall submit fingerprints in ac8 cordance with procedures established by the 

9 Secretary of Homeland Security. Such finger10 prints shall be submitted to relevant Federal 

11 agencies to be checked against existing data12 bases for information relating to criminal, na13 tional security, or other law enforcement actions 

14 that would render the alien ineligible for adjust15 ment of status under this subsection. The rel16 evant Federal agencies shall work to ensure 

17 that such clearances are completed within 90 

18 days of the submission of fingerprints. An ap19 peal of a denial by the Secretary of Homeland 

20 Security shall be processed through the Depart21 ment of Homeland Security. 

22 ‘‘(3) NONAPPLICABILITY OF NUMERICAL LIMI23 TATIONS.—When an alien is granted lawful perma24 nent resident status under this subsection, the num-
65

•S 2010 IS 

1 ber of immigrant visas authorized to be issued under 

2 any provision of this Act shall not be reduced. 

3 ‘‘(b) GROUNDS OF INADMISSIBILITY.—In the deter4 mination of an alien’s admissibility under paragraphs 

5 (1)(C) and (2) of subsection (a), the following shall apply: 

6 ‘‘(A) GROUNDS THAT MAY NOT BE

7 WAIVED.—The following provisions of section 

8 212(a) may not be waived by the Secretary of 

9 Homeland Security under subparagraph (C)(i) 

10 of this subsection: 

11 ‘‘(i) Paragraph (1) (relating to 

12 health). 

13 ‘‘(ii) Paragraph (2) (relating to crimi14 nals). 

15 ‘‘(iii) Paragraph (3) (relating to secu16 rity and related grounds). 

17 ‘‘(iv) Subparagraphs (A) and (C) of 

18 paragraph (10) (relating to polygamists 

19 and child abductors). 

20 ‘‘(B) GROUNDS OF INADMISSIBILITY NOT

21 APPLICABLE.—The provisions of paragraphs 

22 (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7), 

23 (9), and (10)(B) of section 212(a) shall not 

24 apply to an alien who is applying for adjust25 ment of status under subsection (a).
66

•S 2010 IS 

1 ‘‘(C) WAIVER OF OTHER GROUNDS.— 

2 ‘‘(i) IN GENERAL.—Except as pro3 vided in subparagraph (A), the Secretary 

4 of Homeland Security may waive any pro5 vision of section 212(a) in the case of indi6 vidual aliens for humanitarian purposes, to 

7 ensure family unity, or when it is otherwise 

8 in the public interest. 

9 ‘‘(ii) CONSTRUCTION.—Nothing in 

10 this subparagraph shall be construed as af11 fecting the authority of the Secretary of 

12 Homeland Security, other than under this 

13 subparagraph, to waive the provisions of 

14 section 212(a). 

15 ‘‘(D) SPECIAL RULE FOR DETERMINATION

16 OF PUBLIC CHARGE.—An alien is not ineligible 

17 for adjustment of status under subsection (a) 

18 by reason of a ground of inadmissibility under 

19 section 212(a)(4) if the alien establishes a his20 tory of employment in the United States evi21 dencing self-support without public cash assist22 ance. 

23 ‘‘(E) SPECIAL RULE FOR INDIVIDUALS

24 WHERE THERE IS NO COMMERCIAL PURPOSE.—

25 An alien is not ineligible for adjustment of sta-
67

•S 2010 IS 

1 tus under subsection (a) by reason of a ground 

2 of inadmissibility under section 212(a)(6)(E) if 

3 the alien establishes that the action referred to 

4 in that section was taken for humanitarian pur5 poses, to ensure family unity, or was otherwise 

6 in the public interest. 

7 ‘‘(F) APPLICABILITY OF OTHER PROVI8 SIONS.—Section 241(a)(5) and section 240B(d) 

9 shall not apply with respect to an alien who is 

10 applying for adjustment of status under sub11 section (a). 

12 ‘‘(c) TREATMENT OF APPLICANTS.— 

13 ‘‘(1) IN GENERAL.—An alien who files an appli14 cation under subsection (a)(1)(A) for adjustment of 

15 status, including a spouse or child who files for ad16 justment of status under subsection (b)— 

17 ‘‘(A) shall be granted employment author18 ization pending final adjudication of the alien’s 

19 application for adjustment of status; 

20 ‘‘(B) shall be granted permission to travel 

21 abroad pursuant to regulation pending final ad22 judication of the alien’s application for adjust23 ment of status; 

24 ‘‘(C) shall not be detained, determined in25 admissible or deportable, or removed pending 
68

•S 2010 IS 

1 final adjudication of the alien’s application for 

2 adjustment of status, unless the alien commits 

3 an act which renders the alien ineligible for 

4 such adjustment of status; and 

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

7 such time as employment authorization under 

8 subparagraph (A) is denied. 

9 ‘‘(2) DOCUMENT OF AUTHORIZATION.—The 

10 Secretary of Homeland Security shall provide each 

11 alien described in paragraph (1) with a counterfeit12 resistant document of authorization that meets all 

13 current requirements established by the Secretary of 

14 Homeland Security for travel documents and reflects 

15 the benefits and status set forth in subparagraphs 

16 (A) through (D) of paragraph (1). 

17 ‘‘(3) SECURITY AND LAW ENFORCEMENT

18 CLEARANCE.—Before an alien is granted employ19 ment authorization or permission to travel under 

20 paragraph (1), the alien shall be required to undergo 

21 a name check against existing databases for infor22 mation relating to criminal, national security, or 

23 other law enforcement actions. The relevant Federal 

24 agencies shall work to ensure that such name checks 
69

•S 2010 IS 

1 are completed not later than 90 days after the date 

2 on which the name check is requested. 

3 ‘‘(4) TERMINATION OF PROCEEDINGS.—An 

4 alien in removal proceedings who establishes prima 

5 facie eligibility for adjustment of status under sub6 section (a) shall be entitled to termination of the 

7 proceedings pending the outcome of the alien’s appli8 cation, unless the removal proceedings are based on 

9 criminal or national security grounds. 

10 ‘‘(d) APPREHENSION BEFORE APPLICATION PE11 RIOD.— The Secretary of Homeland Security shall provide 

12 that in the case of an alien who is apprehended before 

13 the beginning of the application period described in sub14 section (a) and who can establish prima facie eligibility 

15 to have the alien’s status adjusted under that subsection 

16 (but for the fact that the alien may not apply for such 

17 adjustment until the beginning of such period), until the 

18 alien has had the opportunity during the first 180 days 

19 of the application period to complete the filing of an appli20 cation for adjustment, the alien may not be removed from 

21 the United States unless the alien is removed on the basis 

22 that the alien has engaged in criminal conduct or is a 

23 threat to the national security of the United States. 

24 ‘‘(e) CONFIDENTIALITY OF INFORMATION.— 
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•S 2010 IS 

1 ‘‘(1) IN GENERAL.—Except as otherwise pro2 vided in this section, no Federal agency or bureau, 

3 nor any officer or employee of such agency or bu4 reau, may— 

5 ‘‘(A) use the information furnished by the 

6 applicant pursuant to an application filed under 

7 paragraph (1) or (2) of subsection (a) for any 

8 purpose other than to make a determination on 

9 the application; 

10 ‘‘(B) make any publication through which 

11 the information furnished by any particular ap12 plicant can be identified; or 

13 ‘‘(C) permit anyone other than the sworn 

14 officers and employees of such agency, bureau, 

15 or approved entity, as approved by the Sec16 retary of Homeland Security, to examine indi17 vidual applications that have been filed. 

18 ‘‘(2) REQUIRED DISCLOSURES.—The Secretary 

19 of Homeland Security and the Secretary of State 

20 shall provide the information furnished pursuant to 

21 an application filed under paragraph (1) or (2) of 

22 subsection (a), and any other information derived 

23 from such furnished information, to a duly recog24 nized law enforcement entity in connection with a 

25 criminal investigation or prosecution or a national
71

•S 2010 IS 

1 security investigation or prosecution, in each in2 stance about an individual suspect or group of sus3 pects, when such information is requested in writing 

4 by such entity. 

5 ‘‘(3) CRIMINAL PENALTY.—Any person who 

6 knowingly uses, publishes, or permits information to 

7 be examined in violation of this subsection shall be 

8 fined not more than $10,000. 

9 ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN APPLI10 CATIONS.— 

11 ‘‘(1) CRIMINAL PENALTY.— 

12 ‘‘(A) VIOLATION.—It shall be unlawful for 

13 any person to— 

14 ‘‘(i) file or assist in filing an applica15 tion for adjustment of status under this 

16 section and knowingly and willfully falsify, 

17 conceal, or cover up a material fact or 

18 make any false, fictitious, or fraudulent 

19 statements or representations, or make or 

20 use any false writing or document knowing 

21 the same to contain any false, fictitious, or 

22 fraudulent statement or entry; or 

23 ‘‘(ii) create or supply a false writing 

24 or document for use in making such an ap25 plication. 
72

•S 2010 IS 

1 ‘‘(B) PENALTY.—Any person who violates 

2 subparagraph (A) shall be fined in accordance 

3 with title 18, United States Code, or imprisoned 

4 not more than 5 years, or both. 

5 ‘‘(2) INADMISSIBILITY.—An alien who is con6 victed of a crime under paragraph (1) shall be con7 sidered to be inadmissible to the United States. 

8 ‘‘(3) EXCEPTION.—Notwithstanding paragraphs 

9 (1) and (2), any alien or other entity (including an 

10 employer or union) that submits an employment 

11 record that contains incorrect data that the alien 

12 used in order to obtain such employment, shall not 

13 have violated this subsection. 

14 ‘‘(g) INELIGIBILITY FOR PUBLIC BENEFITS.—For 

15 purposes of section 403 of the Personal Responsibility and 

16 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

17 1613), an alien whose status has been adjusted in accord18 ance with subsection (a) shall not be eligible for any Fed19 eral means-tested public benefit unless the alien meets the 

20 alien eligibility criteria for such benefit under title IV of 

21 such Act (8 U.S.C. 1601 et seq.). 

22 ‘‘(h) RELATIONSHIPS OF APPLICATION TO CERTAIN

23 ORDERS.— 

24 ‘‘(1) IN GENERAL.—An alien who is present in 

25 the United States and has been ordered excluded, 
73

•S 2010 IS 

1 deported, removed, or to depart voluntarily from the 

2 United States under any provision of this Act may, 

3 notwithstanding such order, apply for adjustment of 

4 status under subsection (a). Such an alien shall not 

5 be required, as a condition of submitting or granting 

6 such application, to file a separate motion to reopen, 

7 reconsider, or vacate the exclusion, deportation, re8 moval or voluntary departure order. If the Secretary 

9 of Homeland Security grants the application, the 

10 order shall be canceled. If the Secretary of Home11 land Security renders a final administrative decision 

12 to deny the application, such order shall be effective 

13 and enforceable. Nothing in this paragraph shall af14 fect the review or stay of removal under subsection 

15 (j). 

16 ‘‘(2) STAY OF REMOVAL.—The filing of an ap17 plication described in paragraph (1) shall stay the 

18 removal or detainment of the alien pending final ad19 judication of the application, unless the removal or 

20 detainment of the alien is based on criminal or na21 tional security grounds. 

22 ‘‘(i) APPLICATION OF OTHER IMMIGRATION AND NA23 TIONALITY ACT PROVISIONS.—Nothing in this section 

24 shall preclude an alien who may be eligible to be granted 

25 adjustment of status under subsection (a) from seeking 
74

•S 2010 IS 

1 such status under any other provision of law for which 

2 the alien may be eligible. 

3 ‘‘(j) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

4 ‘‘(1) IN GENERAL.—Except as provided in this 

5 subsection, there shall be no administrative or judi6 cial review of a determination respecting an applica7 tion for adjustment of status under subsection (a). 

8 ‘‘(2) ADMINISTRATIVE REVIEW.— 

9 ‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE

10 APPELLATE REVIEW.—The Secretary of Home11 land Security shall establish an appellate au12 thority to provide for a single level of adminis13 trative appellate review of a determination re14 specting an application for adjustment of status 

15 under subsection (a). 

16 ‘‘(B) STANDARD FOR REVIEW.—Adminis17 trative appellate review referred to in subpara18 graph (A) shall be based solely upon the admin19 istrative record established at the time of the 

20 determination on the application and upon the 

21 presentation of additional or newly discovered 

22 evidence during the time of the pending appeal. 

23 ‘‘(3) JUDICIAL REVIEW.— 

24 ‘‘(A) DIRECT REVIEW.—A person whose 

25 application for adjustment of status under sub-
75

•S 2010 IS 

1 section (a) is denied after administrative appel2 late review under paragraph (2) may seek re3 view of such denial, in accordance with chapter 

4 7 of title 5, United States Code, before the 

5 United States district court for the district in 

6 which the person resides. 

7 ‘‘(B) REVIEW AFTER REMOVAL PRO8 CEEDINGS.—There shall be judicial review in 

9 the Federal courts of appeal of the denial of an 

10 application for adjustment of status under sub11 section (a) in conjunction with judicial review of 

12 an order of removal, deportation, or exclusion, 

13 but only if the validity of the denial has not 

14 been upheld in a prior judicial proceeding under 

15 subparagraph (A). Notwithstanding any other 

16 provision of law, the standard for review of 

17 such a denial shall be governed by subpara18 graph (C). 

19 ‘‘(C) STANDARD FOR JUDICIAL REVIEW.—

20 Judicial review of a denial of an application 

21 under this section shall be based solely upon the 

22 administrative record established at the time of 

23 the review. The findings of fact and other de24 terminations contained in the record shall be 

25 conclusive unless the applicant can establish
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1 abuse of discretion or that the findings are di2 rectly contrary to clear and convincing facts 

3 contained in the record, considered as a whole. 

4 ‘‘(4) STAY OF REMOVAL.—Aliens seeking ad5 ministrative or judicial review under this subsection 

6 shall not be removed from the United States until a 

7 final decision is rendered establishing ineligibility 

8 under this section, unless such removal is based on 

9 criminal or national security grounds. 

10 ‘‘(k) DISSEMINATION OF INFORMATION ON ADJUST11 MENT PROGRAM.—During the 12 months following the 

12 issuance of final regulations in accordance with subsection 

13 (o), the Secretary of Homeland Security, in cooperation 

14 with approved entities, approved by the Secretary of 

15 Homeland Security, shall broadly disseminate information 

16 respecting adjustment of status under this section and the 

17 requirements to be satisfied to obtain such status. The 

18 Secretary of Homeland Security shall also disseminate in19 formation to employers and labor unions to advise them 

20 of the rights and protections available to them and to 

21 workers who file applications under this section. Such in22 formation shall be broadly disseminated, in the languages 

23 spoken by the top 15 source countries of the aliens who 

24 would qualify for adjustment of status under this section, 
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1 including to television, radio, and print media such aliens 

2 would have access to. 

3 ‘‘(l) EMPLOYER PROTECTIONS.— 

4 ‘‘(1) IMMIGRATION STATUS OF ALIEN.—Em5 ployers of aliens applying for adjustment of status 

6 under this section shall not be subject to civil and 

7 criminal tax liability relating directly to the employ8 ment of such alien. 

9 ‘‘(2) PROVISION OF EMPLOYMENT RECORDS.—

10 Employers that provide unauthorized aliens with 

11 copies of employment records or other evidence of 

12 employment pursuant to an application for adjust13 ment of status under this section or any other appli14 cation or petition pursuant to other provisions of the 

15 immigration laws, shall not be subject to civil and 

16 criminal liability pursuant to section 274A for em17 ploying such unauthorized aliens. 

18 ‘‘(3) APPLICABILITY OF OTHER LAW.—Nothing 

19 in this subsection shall be used to shield an employer 

20 from liability pursuant to section 274B or any other 

21 labor and employment law provisions. 

22 ‘‘(m) AUTHORIZATION OF FUNDS; FINES.— 

23 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

24 There are authorized to be appropriated to the De25 partment of Homeland Security such sums as are 
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1 necessary to commence the processing of applica2 tions filed under this section. 

3 ‘‘(2) FINE.—An alien who files an application 

4 under this section shall pay a fine commensurate 

5 with levels charged by the Department of Homeland 

6 Security for other applications for adjustment of sta7 tus. 

8 ‘‘(3) ADDITIONAL AMOUNTS OWED.—Prior to 

9 the adjudication of an application for adjustment of 

10 status filed under this section, the alien shall pay an 

11 amount equaling $1,000, but such amount shall not 

12 be required from an alien under the age of 18. 

13 ‘‘(4) USE OF AMOUNTS COLLECTED.—The Sec14 retary of Homeland Security shall deposit payments 

15 received under this subsection in the Immigration 

16 Examinations Fee Account, and these payments in 

17 such account shall be available, without fiscal year 

18 limitation, such that—

19 ‘‘(A) 60 percent of such funds shall be 

20 available to the Department of Homeland Secu21 rity for implementing and processing applica22 tions under this section; and 

23 ‘‘(B) 40 percent of such funds shall be 

24 available to the Department of Homeland Secu25 rity and the Department of State to cover ad-
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1 ministrative and other expenses incurred in con2 nection with the review of applications filed by 

3 immediate relatives as a result of the amend4 ments made by title I of the Immigration Re5 form Act of 2004. 

6 ‘‘(n) TRANSITIONAL WORKERS.— 

7 ‘‘(1) ELIGIBILITY FOR TRANSITIONAL WORKER

8 STATUS.—Any alien who is physically present in the 

9 United States on the date of introduction of the Im10 migration Reform Act of 2004 who seeks to adjust 

11 status under this section but does not satisfy the re12 quirements of subparagraph (B) or (D) of sub13 section (a)(1) shall be eligible— 

14 ‘‘(A) to apply for transitional worker sta15 tus, which shall have a duration period of not 

16 more than 3 years from the date of issuance of 

17 the transitional worker card, without having to 

18 depart the United States; and 

19 ‘‘(B) be granted employment authorization 

20 and permission to travel abroad for a period of 

21 not more than 3 years from the date of 

22 issuance of the transitional worker card. 

23 ‘‘(2) DOCUMENT OF AUTHORIZATION.—The 

24 Secretary of Homeland Security shall issue each 

25 alien described in paragraph (1) with a counterfeit-
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1 resistant document of authorization that meets all 

2 requirements established by the Secretary of Home3 land Security for travel documents and reflects the 

4 benefits and status set forth in paragraph (1)(B). 

5 ‘‘(3) SECURITY AND LAW ENFORCEMENT

6 CLEARANCE.—Before an alien described in para7 graph (1) is granted employment authorization or 

8 permission to travel abroad, such alien shall be re9 quired to undergo a name check against existing 

10 databases for information relating to criminal, secu11 rity, and other law enforcement actions. The rel12 evant Federal agencies shall work to ensure that 

13 such name checks are completed as expeditiously as 

14 possible. 

15 ‘‘(4) ELIGIBILITY FOR ADJUSTMENT OF STA16 TUS.—An alien shall be eligible for adjustment of 

17 status to that of a lawful permanent resident under 

18 this subsection if the alien—

19 ‘‘(A) has applied for transitional worker 

20 status under paragraph (1); 

21 ‘‘(B) is lawfully employed in the United 

22 States in the aggregate for—

23 ‘‘(i) more than 2 but less than 3 of 

24 the 5 years immediately preceding the date
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1 on which the Immigration Reform Act of 

2 2004 was introduced; and 

3 ‘‘(ii) at least 2 years following the 

4 date of enactment of that Act; and 

5 ‘‘(C) was present in the United States on 

6 and after the date of introduction of that Act 

7 (without regard to any brief, casual, and inno8 cent departures from the United States). 

9 ‘‘(5) EXCEPTIONS.—The employment require10 ments in paragraph (4)(B) shall not apply to an in11 dividual who is under 20 years of age on the date 

12 on which the Immigration Reform Act of 2004 was 

13 introduced, and the employment requirement in 

14 paragraph (4)(B)(ii) shall be reduced for an indi15 vidual who cannot demonstrate employment based 

16 on a physical or mental disability or as a result of 

17 pregnancy. 

18 ‘‘(6) PORTABILITY.—An alien shall not be re19 quired to complete the employment requirements in 

20 paragraph (4) with the same employer. 

21 ‘‘(7) ADJUSTMENT OF STATUS.—An alien who 

22 meets the requirements of paragraph (4) and applies 

23 for adjustment of status to that of a lawful perma24 nent resident under this subsection shall be required 

25 to comply with the requirements of subparagraphs 
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1 (C), (E), (F), (G), and (H) of subsection (a)(1). In 

2 adjudicating such an application, the Secretary of 

3 Homeland Security shall determine the admissibility 

4 of the alien in accordance with subsection (b). 

5 ‘‘(8) SPOUSES AND CHILDREN.— 

6 ‘‘(A) ADJUSTMENT OF STATUS.—Notwith7 standing any other provision of law, the Sec8 retary of Homeland Security shall, if otherwise 

9 eligible under subsection (b), adjust the status 

10 to that of a lawful permanent resident or pro11 vide an immigrant visa to— 

12 ‘‘(i) the spouse or child of an alien 

13 who adjusts status or is eligible to adjust 

14 status to that of a lawful permanent resi15 dent under this subsection; or 

16 ‘‘(ii) an alien who was the spouse or 

17 child of an alien who adjusts status to that 

18 of a lawful permanent resident under this 

19 subsection, if— 

20 ‘‘(I) the termination of the quali21 fying relationship was connected to 

22 domestic violence; or 

23 ‘‘(II) the spouse or child has 

24 been battered or subjected to extreme 

25 cruelty by the spouse or parent who 
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1 adjusts status to that of a lawful per2 manent resident under this sub3 section. 

4 ‘‘(B) DOCUMENT OF AUTHORIZATION.—

5 The Secretary of Homeland Security shall issue 

6 each alien described in subparagraph (A) with 

7 a counterfeit-resistant document of authoriza8 tion that meets all requirements established by 

9 the Secretary of Homeland Security for travel 

10 documents and reflects the status set forth in 

11 that subparagraph. 

12 ‘‘(C) APPLICATION OF OTHER LAW.—In 

13 acting on applications filed under this sub14 section with respect to aliens who have been 

15 battered or subjected to extreme cruelty, the 

16 Secretary of Homeland Security shall apply the 

17 provisions of section 204(a)(1)(J) and the pro18 tections, prohibitions, and penalties under sec19 tion 384 of the Illegal Immigration Reform and 

20 Immigrant Responsibility Act of 1996 (8 U.S.C. 

21 1367). 

22 ‘‘(9) NONAPPLICABILITY OF NUMERICAL LIMI23 TATIONS.—When an alien is granted legal perma24 nent resident status under this subsection, the num-
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1 ber of immigrant visas authorized to be issued under 

2 any provision of this Act shall not be reduced. 

3 ‘‘(10) TERMINATION OF AUTHORITY.—No ac4 tion may be taken under this subsection in the case 

5 of an alien who submits an application for transi6 tional worker status under paragraph (1) more than 

7 3 years after the date on which final regulations im8 plementing this section take effect. 

9 ‘‘(o) ISSUANCE OF REGULATIONS.—Not later than 

10 120 days after the date of enactment of the Immigration 

11 Act of 2004, the Secretary of Homeland Security shall 

12 issue regulations to implement this section.’’. 

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

14 the Immigration and Nationality Act (8 U.S.C. 1101 et 

15 seq.) is amended by inserting after the item relating to 

16 section 245A the following:

‘‘245B. Access to Earned Adjustment.’’.

17 SEC. 302. CORRECTION OF SOCIAL SECURITY RECORDS. 

18 Section 208(d)(1) of the Social Security Act (42 

19 U.S.C. 408(d)(1)) is amended— 

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

21 the end of clause (ii); 

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

23 the end; 

24 (3) by inserting after subparagraph (C) the fol25 lowing: 
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1 ‘‘(D) whose status is adjusted to that of 

2 lawful permanent resident under section 245B 

3 of the Immigration and Nationality Act,’’; and 

4 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

5 in the case of an alien described in subparagraph 

6 (D), if such conduct is alleged to have occurred prior 

7 to the date on which the alien became lawfully ad8 mitted for temporary residence.

Æ