(5) All 20,000 of the Border Patrol agents au-
thorized in section 103 have been trained and de-
ployed, or, if the number of full time Border Patrol 
agents is less than 20,000, that United States mili-
tary personnel are deployed to support the Border 
Patrol in such numbers as to bring the number of 
full-time border enforcement personnel in the field to 
20,000. 
(6) The Chimera system required under section 
202(a)(2) of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (8 U.S.C, 1722(a)(2)) is 
fully implemented and functional and includes dig-
ital fingerprints and photographs of all aliens grant-
ed admission to the United States and all aliens or-
dered removed or granted voluntary departure from 
the United States. 
(7) All databases maintained by the Bureaus of 
Citizenship and Immigration Services, Customs and 
Border Protection, and Immigration and Customs 
Enforcement that contain information on noncitizens 
are interoperable and compatible with the Chimera 
system. 
(8) The number of alien absconders in the 
United States is fewer than 1,000.
(9) Section 287(g) of the Immigration and Na-
tionality Act (8 U.S.C. 1357(g)) has been fully im-
plemented and Bureau of Immigration and Customs 
Enforcement employees respond to every request by 
State or local law enforcement authorities to pick up 
illegal aliens located by those authorities. 
(10) Bureau of Immigration and Customs En-
forcement agents are performing random worksite 
inspections of at least 2 percent of United States 
businesses annually, and that such inspections focus 
primarily on industries that tend to hire illegal 
aliens. 
(11) The number of aliens who overstay non-
immigrant visas, but are not removed from the 
United States, is fewer than 5,000. 
(b) ADMINISTRATOR OF ENVIRONMENTAL PROTEC-
TION AGENCY.—Prior to the implementation of the pro-
gram described in subtitle B, the Administrator of the En-
vironmental Protection Agency shall certify to the Con-
gress that neither current levels of illegal immigration, nor 
the guest worker program established in subtitle B, will 
significantly affect the quality of the human environment 
(as such term is used in section 102(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(C))) 
in the United States.
Subtitle B—The Guest Worker 
Program 
SEC. 210. NEW NONIMMIGRANT WORKER CATEGORY. 
(a) IN GENERAL.—Section 101(a)(15)(H) of the Im-
migration and Nationality Act is amended to read as fol-
lows: 
‘‘(H) an alien having a residence in a foreign 
country which the alien has no intention of aban-
doning who is coming temporarily to the United 
States to perform skilled or unskilled work for which 
qualified and lawfully present workers are not avail-
able in the United States, and with respect to whom 
the Secretary of Labor determines and certifies to 
the Secretary of Homeland Security that the intend-
ing employer has filed with the Secretary an applica-
tion under section 212(n)(1);’’. 
(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended to read as follows: 
‘‘(g)(1) In the case of a nonimmigrant described in 
section 101(a)(15)(H), the period of authorized admission 
as such a nonimmigrant may not exceed 365 days during 
a 2-year period. Such visas may be renewed upon expira-
tion of such 2-year period.
‘‘(2) Such a nonimmigrant may not be permitted to 
change or adjust to any other immigrant or nonimmigrant 
classification or status. 
‘‘(3) The alien spouse and children of such a non-
immigrant may not, under section 101(a)(15)(H), accom-
pany or follow to join the nonimmigrant.’’. 
SEC. 211. INTERNET-BASED JOB POSTING SYSTEM. 
(a) IN GENERAL.—The Secretary of Labor shall cre-
ate an Internet-based job posting system to which all State 
employment agencies and all United States businesses are 
able to acquire password-protected access to permit direct 
posting of job openings throughout the United States. 
(b) USE OF EMPLOYER IDENTIFICATION NUMBER.—
The system shall use the employer identification number 
to identify an employer and to track use of the system. 
(c) 
RESUMES
OF
CITIZENS
AND
RESIDENT 
ALIENS.—Each resume submitted electronically by a 
United States citizen, or an alien lawfully residing in the 
United States, with respect to a posted job shall include 
the employer’s employer identification number. An elec-
tronic copy of each such resume shall be sent to the De-
partment of Labor, in addition to the copy that is sent 
directly to the employer. 
(d) MAINTENANCE
OF DATA.—All job announce-
ments posted on the system shall be maintained in ar-
chives that include the date of the initial posting, the num-
ber of resumes sent in response to the announcement, the 
date on which the position was filled, and whether it was 
filled by a United States citizen, an alien lawfully admitted 
to the United States for permanent residence, an alien 
otherwise lawfully residing in the United States, a non-
immigrant described in section 101(a)(15)(H) of the Im-
migration and Nationality Act (as amended by section 210 
of this Act), or another individual. This data shall be up-
dated in real time and shall be available to the public in 
a searchable format. 
(e) USE OF DATA.—The Secretary of Labor may use 
posted job announcements, and any resumes submitted 
through the job posting system, as evidence of compliance 
or noncompliance by employers using the system to ensure 
that employers do not hire nonimmigrants described in 
section 101(a)(15)(H) of the Immigration and Nationality 
Act (as amended by section 210 of this Act) unless quali-
fied and lawfully present workers are not available in the 
United States. 
(f) REPORTS; CESSATION
OF
LABOR
CERTIFI-
CATIONS BASED ON UNEMPLOYMENT RATE.—The Sec-
retary of Labor shall publish a quarterly report, utilizing 
the data included in the job posting system, indicating the 
percentage of new hires, by occupation and geographic re-
gion (as defined by the Secretary), who are nonimmigrants 
described in section 101(a)(15)(H) of the Immigration 
and Nationality Act (as amended by section 210 of this 
Act) and the unemployment rate by occupation and geo-
graphic region. If the unemployment rate rises above 5 
percent in a particular occupational category in a geo-
graphic region in which more than 15 percent of new hires 
are such nonimmigrants, no applications under section 
212(n)(1) of such Act (as amended by section 212(g) of 
this Act) for such nonimmigrants for that occupation and 
region shall be approved until the unemployment rate falls 
below five percent. The Secretary shall reassess the pre-
vailing wage for that occupation in that geographic area 
to ensure that it reflects changed market conditions prior 
to resuming approvals of such applications, and all new 
applications must reflect the revised prevailing wage. 
(g) EFFECTIVE DATE.—This section shall take effect 
on the date on which the certifications required under sec-
tion 201 are made. 
SEC. 212. REQUIREMENTS FOR PROSPECTIVE EMPLOYERS 
OF H NONIMMIGRANTS. 
(a) IN GENERAL.—An employer seeking to hire a 
nonimmigrant described in section 101(a)(15)(H) of the 
Immigration and Nationality Act (as amended by section 
210 of this Act) shall post an announcement of the job
for which the alien is sought on the Internet-based job 
bank described in section 211. 
(b) FEE.—Such an employer shall pay a fee of $10 
per announcement posted. Such fees shall be placed by 
the Secretary of Labor in a fund to be established and 
used to maintain the Internet-based job bank described 
in section 211. Any amounts from such fund not used for 
system maintenance shall be used to investigate abuses by 
employers of the authority to hire a nonimmigrant de-
scribed in section 101(a)(15)(H) of the Immigration and 
Nationality Act (as amended by section 210 of this Act). 
(c) ANNOUNCEMENT CONTENTS.—Each announce-
ment shall list, at a minimum, the following: 
(1) The employer identification number. 
(2) The name, contact information, and de-
scription of the employer. 
(3) A description of the job. 
(4) A description of all specific skills or experi-
ence required to perform the job. 
(5) The wage rate or salary being offered for 
the job, which shall be at least 100 percent of the 
prevailing wage rate for the occupation, as deter-
mined by the ‘‘Occupational Employment Survey’’ of 
the Bureau of Labor Statistics.
(6) The benefits package being offered for the 
job. 
(d) MINIMUM POSTING PERIOD.—Each announce-
ment shall be posted for a minimum period of 14 days 
before an employer may seek authorization to hire a non-
immigrant described in section 101(a)(15)(H) of the Im-
migration and Nationality Act (as amended by section 210 
of this Act). 
(e) REQUIRED ESCROW
OF RETURN TRANSPOR-
TATION COSTS.—An employer of a nonimmigrant de-
scribed in section 101(a)(15)(H) of the Immigration and 
Nationality Act (as amended by section 210 of this Act) 
shall place into an escrow account at the time of hiring 
sufficient funds to transport the nonimmigrant back to the 
home country when the job ends or when the period of 
authorized admission as such a nonimmigrant expires. 
(f) REQUIRED
PROVISION
OF
HEALTH
INSUR-
ANCE.—An employer of a nonimmigrant described in sec-
tion 101(a)(15)(H) of the Immigration and Nationality 
Act (as amended by section 210 of this Act) shall provide 
such nonimmigrant with health insurance that meets ex-
isting minimum Federal and State requirements, as appli-
cable.
(g) AMENDMENTS TO IMMIGRATION AND NATION-
ALITY ACT.—Section 212(n) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(n)) is amended as follows: 
(1) By striking ‘‘H–1B nonimmigrants’’ each 
place such term appears and inserting ‘‘H non-
immigrants’’. 
(2) In paragraph (1), by adding at the end the 
following: 
‘‘(H) The employer has not laid off or fired (ex-
cept for cause) any United States citizen or legally 
resident alien worker performing the announced job 
or an equivalent job in the 6 months immediately 
preceding the date of application and that the em-
ployer will not lay off or fire (except for cause) any 
such worker in the 6 months immediately following 
the date of application. If the employer, due to un-
foreseen financial or economic circumstances, must 
lay off a United States citizen or legally resident 
alien worker during the 6 months following applica-
tion for an H nonimmigrant, the employer will ter-
minate the H nonimmigrant prior to laying off a 
United States citizen or legally resident alien worker 
performing an equivalent job.’’. 
(3) In paragraph (1)(A)(i)(II), by striking ‘‘, 
and’’ and inserting ‘‘, as determined by the Occupa-
tional Employment Survey of the Bureau of Labor 
Statistics, and’’. 
(4) In paragraph (1)(G)(I)—
(A) by striking, ‘‘(G)(i) In the case of an 
application described in subparagraph (E)(ii), 
subject to clause (ii), the’’ and inserting ‘‘(G) 
The’’; and 
(B) by striking clause (ii). 
(5) In paragraph (2)(C)—
(A) in clause (i)(I), by striking ‘‘$1,000’’ 
and inserting ‘‘$2,000’’; 
(B) in clause (ii)(I), by striking ‘‘$5,000’’ 
and inserting ‘‘$10,000’’; 
(C) 
in 
clause 
(iii)(I), 
by 
striking 
‘‘$35,000’’ and inserting ‘‘$70,000’’; and 
(D) 
in 
clause 
(vi)(III), 
by 
striking 
‘‘$1,000’’ and inserting ‘‘$2,000’’. 
(6) 
In 
paragraph 
(5)(E)(i), 
by 
striking 
‘‘$5,000’’ and inserting ‘‘$10,000’’. 
(7) By striking—
(A) the final sentence of paragraph 
(1)(E)(ii); 
(B) ‘‘exempt’’ in paragraph (2)(E); 
(C) paragraph (3)(B); and
(D) in paragraph (3)(C), ‘‘subparagraph 
(A)—’’ through ‘‘(ii)’’ and inserting ‘‘subpara-
graph (A),’’. 
SEC. 213. REQUIREMENTS FOR ALIENS APPLYING FOR H 
NONIMMIGRANT STATUS. 
(a) IN GENERAL.—Section 214(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(g), as amended 
by section 210(b), is further amended by adding at the 
end the following: 
‘‘(4) Aliens applying for nonimmigrant status under 
section 101(a)(15)(H) shall be physically present in the 
country of the alien’s residence and shall apply at a United 
States embassy, consular office, or other designated State 
Department post. 
‘‘(5) Such aliens shall pay a visa processing fee in 
an amount determined under section 281. 
‘‘(6) Such aliens shall file an application that includes 
a listing of their education, job skills and prior employ-
ment history, along with supporting documentation and 
references. 
‘‘(7) Such aliens do not have to be applying for a 
specific job that is open, but rather shall apply to be added 
to a database of workers who are already processed and 
waiting for a job to open that matches their skills set. 
Aliens approved for such status shall remain in the foreign
country of residence until such time as an employer is ap-
proved to hire such a worker and finds that a particular 
approved alien meets the needs of the particular job open-
ing. 
‘‘(8) The Secretary of State shall verify that the edu-
cation and work history provided by such an alien is accu-
rate, prior to the alien’s name being added to the database 
of approved prospective nonimmigrants under section 
101(a)(15)(H). 
‘‘(9) Such aliens shall submit to fingerprinting and 
photographing by Department of State or Homeland Se-
curity personnel so that the data may be added to the Chi-
mera system required under section 202(a)(2) of the En-
hanced Border Security and Visa Entry Reform Act of 
2002. Such identifying information shall be entered into 
the Chimera system before a nonimmigrant visa under 
section 101(a)(15)(H) may be issued. Such aliens shall 
undergo criminal background and health checks to ensure 
admissibility under section 212(a). 
‘‘(10) Any alien who violates a term or condition of 
the alien’s admission as a nonimmigrant under section 
101(a)(15)(H), including failure to leave the United 
States at the termination of the period of authorized ad-
mission, shall be barred from receiving any immigrant or 
nonimmigrant visa for a period of 10 years.
‘‘(11) Aliens applying for nonimmigrant status under 
section 101(a)(15)(H) shall sign a legally enforceable affi-
davit attesting that they—
‘‘(A) understand that they will not be per-
mitted to change or adjust to any other immi-
grant or nonimmigrant classification or status 
while present in the United States; 
‘‘(B) waive eligibility for any Federal, 
State or local non-emergency public assistance 
for which they might otherwise be eligible dur-
ing their tenure as such a nonimmigrant; and 
‘‘(C) understand the penalties for failing to 
abide by the terms of their admission as such 
a nonimmigrant. 
‘‘(12) Aliens who apply for renewal of nonimmigrant 
status under section 101(a)(15)(H) shall undergo new 
criminal background and health checks before the renewal 
may be granted.’’. 
(b) SPECIAL RULE ON CITIZENSHIP AT BIRTH FOR 
CHILDREN
OF
H NONIMMIGRANTS.—Notwithstanding 
title III of the Immigration and Nationality Act (8 U.S.C. 
1401 et seq.), or any other law, a child born in the United 
States to a parent who is a nonimmigrant described in 
section 101(a)(15)(H) of the Immigration and Nationality 
Act (as amended by section 210 of this Act) shall not be
a national or citizen of the United States at birth unless 
the other parent is a citizen of the United States or an 
alien lawfully admitted to the United States for permanent 
residence. 
SEC. 214. DATABASE OF APPROVED PROSPECTIVE H NON-
IMMIGRANTS. 
Section 214(g) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g), as amended by sections 210(b) and 
213(a), is further amended by adding at the end the fol-
lowing: 
‘‘(13) The Secretary of Labor shall establish and 
maintain a database of all nonimmigrant visa applicants 
under section 101(a)(15)(H) who are approved by the De-
partment of State. Such database shall include all identi-
fying information and all information regarding job skills 
and employment history, as collected by such Department. 
Once the Secretary of Labor approves an employer’s appli-
cation under section 212(n)(1), such Secretary shall make 
available to the employer a list of aliens who are available 
and approved by the Department of State to fill the open 
job position, as described in the announcement posted by 
the employer on the Internet-based job posting system es-
tablished under section 211 of the BE REAL Act of 2003. 
No employer shall have access to any information included 
in the database regarding such visa applicants until after
such application is approved. The Secretary of State shall 
transmit to the Secretary of Labor all information regard-
ing the identity, job skills, and employment history of an 
alien not later than 7 days after the date on which the 
Secretary of State determines that the alien has satisfied 
all the requirements established in paragraphs (4) through 
(12).’’. 
SEC. 215. EFFECTIVE DATE. 
Except as otherwise provided in this subtitle, this 
subtitle, and the amendments made by this subtitle, shall 
take effect 1 year after the date on which the certifications 
required by section 210 are made.
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