‘‘(8) SOLICITOR
OF
LABOR.—Except as pro-
vided in section 518(a) of title 28, United States 
Code, the Solicitor of Labor may appear for and rep-
resent the Secretary of Labor in any civil litigation 
brought under this subsection. All such litigation 
shall be subject to the direction and control of the 
Attorney General. 
‘‘(9) PROCEDURES
IN
ADDITION
TO
OTHER 
RIGHTS OF EMPLOYEES.—The rights and remedies 
provided to workers under this section are in addi-
tion to, and not in lieu of, any other contractual or 
statutory rights and remedies of the workers, and 
are not intended to alter or affect such rights and 
remedies. 
‘‘(k) PENALTIES.— 
‘‘(1) IN GENERAL.—If, after notice and an op-
portunity for a hearing, the Secretary of Labor finds 
a violation of subsection (h) or (i), the Secretary 
may impose administrative remedies and penalties, 
including— 
‘‘(A) back wages; 
‘‘(B) fringe benefits; and 
‘‘(C) civil monetary penalties. 
‘‘(2) CIVIL
PENALTIES.—The Secretary of 
Labor may impose, as a civil penalty—
‘‘(A) for a violation of subsection (h)— 
‘‘(i) a fine in an amount not to exceed 
$2,000 per violation per affected worker; 
‘‘(ii) if the violation was willful viola-
tion, a fine in an amount not to exceed 
$5,000 per violation per affected worker; 
‘‘(iii) if the violation was willful and if 
in the course of such violation a United 
States worker was harmed, a fine in an 
amount not to exceed $25,000 per viola-
tion per affected worker; and 
‘‘(B) for a violation of subsection (i)— 
‘‘(i) a fine in an amount not less than 
$500 and not more than $4,000 per viola-
tion per affected worker; 
‘‘(ii) if the violation was willful, a fine 
in an amount not less than $2,000 and not 
more than $5,000 per violation per af-
fected worker; and 
‘‘(iii) if the violation was willful and if 
in the course of such violation a United 
States worker was harmed, a fine in an 
amount not less than $6,000 and not more 
than $35,000 per violation per affected 
worker.
‘‘(3) USE OF CIVIL PENALTIES.—All penalties 
collected under this subsection shall be deposited in 
the Treasury in accordance with section 286(w). 
‘‘(4) CRIMINAL PENALTIES.—If a willful and 
knowing violation of subsection (i) causes extreme 
physical or financial harm to an individual, the per-
son in violation of such subsection may be impris-
oned for not more than 6 months, fined not more 
than $35,000 fine, or both.’’. 
SEC. 305. MARKET-BASED NUMERICAL LIMITATIONS. 
Section 214(g) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘(beginning with fiscal year 
1992)’’; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) under section 101(a)(15)(H)(v)(a), 
may not exceed— 
‘‘(i) 400,000 for the first fiscal year 
in which the program is implemented; 
‘‘(ii) in any subsequent fiscal year— 
‘‘(I) if the total number of visas 
allocated for that fiscal year are allot-
ted within the first quarter of that fis-
cal year, then an additional 20 per-
cent of the allocated number shall be 
made available immediately and the 
allocated amount for the following fis-
cal year shall increase by 20 percent 
of the original allocated amount in the 
prior fiscal year; 
‘‘(II) if the total number of visas 
allocated for that fiscal year are allot-
ted within the second quarter of that 
fiscal year, then an additional 15 per-
cent of the allocated number shall be 
made available immediately and the 
allocated amount for the following fis-
cal year shall increase by 15 percent 
of the original allocated amount in the 
prior fiscal year; 
‘‘(III) if the total number of visas 
allocated for that fiscal year are allot-
ted within the third quarter of that 
fiscal year, then an additional 10 per-
cent of the allocated number shall be 
made available immediately and the 
allocated amount for the following fis-
cal year shall increase by 10 percent 
of the original allocated amount in the 
prior fiscal year; 
‘‘(IV) if the total number of visas 
allocated for that fiscal year are allot-
ted within the last quarter of that fis-
cal year, then the allocated amount 
for the following fiscal year shall in-
crease by 10 percent of the original 
allocated amount in the prior fiscal 
year; and 
‘‘(V) with the exception of the 
first subsequent fiscal year to the fis-
cal year in which the program is im-
plemented, if fewer visas were allotted 
the previous fiscal year than the num-
ber of visas allocated for that year 
and the reason was not due to proc-
essing delays or delays in promul-
gating regulations, then the allocated 
amount for the following fiscal year 
shall decrease by 10 percent of the al-
located amount in the prior fiscal 
year.’’; and 
(2) by adding at the end the following:
‘‘(9)(A) Of the total number of visas allocated 
for each fiscal year under paragraph (1)(C)— 
‘‘(i) 50,000 visas shall be allocated to 
qualifying counties; and 
‘‘(ii) any of the visas allocated under 
clause (i) that are not issued by June 30 of 
such fiscal year, may be made available to any 
qualified applicant. 
‘‘(B) In this paragraph, the term ‘qualifying 
county’ means any county that— 
‘‘(i) that is outside a metropolitan statis-
tical area; and 
‘‘(ii) during the 20-year-period ending on 
the last day of the calendar year preceding the 
date of enactment of the Secure America and 
Orderly Immigration Act, experienced a net 
out-migration of inhabitants from the county of 
at least 10 percent of the population of the 
county at the beginning of such period. 
‘‘(10) In allocating visas under this subsection, 
the Secretary of State may take any additional 
measures necessary to deter illegal immigration.’’.
SEC. 306. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT 
STATUS. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended by adding at the end the fol-
lowing: 
‘‘(n)(1) For purposes of adjustment of status under 
subsection (a), employment-based immigrant visas shall be 
made available to an alien having nonimmigrant status de-
scribed in section 101(a)(15)(H)(v)(a) upon the filing of 
a petition for such a visa— 
‘‘(A) by the alien’s employer; or 
‘‘(B) by the alien, if the alien has maintained 
such nonimmigrant status in the United States for 
a cumulative total of 4 years. 
‘‘(2) An alien having nonimmigrant status described 
in section 101(a)(15)(H)(v)(a) may not apply for adjust-
ment of status under this section unless the alien— 
‘‘(A) is physically present in the United States; 
and 
‘‘(B) the alien establishes that the alien— 
‘‘(i) meets the requirements of section 312; 
or 
‘‘(ii) is satisfactorily pursuing a course of 
study to achieve such an understanding of 
English and knowledge and understanding of
the history and government of the United 
States. 
‘‘(3) An alien who demonstrates that the alien meets 
the requirements of section 312 may be considered to have 
satisfied the requirements of that section for purposes of 
becoming naturalized as a citizen of the United States 
under title III. 
‘‘(4) Filing a petition under paragraph (1) on behalf 
of an alien or otherwise seeking permanent residence in 
the United States for such alien shall not constitute evi-
dence of the alien’s ineligibility for nonimmigrant status 
under section 101(a)(15)(H)(v)(a). 
‘‘(5) The limitation under section 302(d) regarding 
the period of authorized stay shall not apply to any alien 
having 
nonimmigrant 
status 
under 
section 
101(a)(15)(H)(v)(a) if— 
‘‘(A) a labor certification petition filed under 
section 203(b) on behalf of such alien is pending; or 
‘‘(B) an immigrant visa petition filed under sec-
tion 204(b) on behalf of such alien is pending. 
‘‘(6) The Secretary of Homeland Security shall ex-
tend the stay of an alien who qualifies for an exemption 
under paragraph (5) in 1-year increments until a final de-
cision is made on the alien’s lawful permanent residence.
‘‘(7) Nothing in this subsection shall be construed to 
prevent an alien having nonimmigrant status described in 
section 101(a)(15)(H)(v)(a) from filing an application for 
adjustment of status under this section in accordance with 
any other provision of law.’’. 
SEC. 307. ESSENTIAL WORKER VISA PROGRAM TASK 
FORCE. 
(a) ESTABLISHMENT OF TASK FORCE.— 
(1) IN GENERAL.—There is established a task 
force to be known as the Essential Worker Visa Pro-
gram Task Force (referred to in this section as the 
‘‘Task Force’’). 
(2) PURPOSES.—The purposes of the Task 
Force are— 
(A) to study the Essential Worker Visa 
Program (referred to in this section as the 
‘‘Program’’) established under this title; and 
(B) to make recommendations to Congress 
with respect to such program. 
(3) MEMBERSHIP.—The Task Force shall be 
composed of 10 members, of whom— 
(A) 1 shall be appointed by the President 
and shall serve as chairman of the Task Force; 
(B) 1 shall be appointed by the leader of 
the Democratic Party in the Senate, in con-
sultation with the leader of the Democratic 
Party in the House of Representatives, and 
shall serve as vice chairman of the Task Force; 
(C) 2 shall be appointed by the majority 
leader of the Senate; 
(D) 2 shall be appointed by the minority 
leader of the Senate; 
(E) 2 shall be appointed by the Speaker of 
the House of Representatives; and 
(F) 2 shall be appointed by the minority 
leader of the House of Representatives. 
(4) QUALIFICATIONS.— 
(A) IN GENERAL.—Members of the Task 
Force shall be— 
(i) individuals with expertise in eco-
nomics, demography, labor, business, or 
immigration or other pertinent qualifica-
tions or experience; and 
(ii) representative of a broad cross- 
section of perspectives within the United 
States, including the public and private 
sectors and academia; 
(B) POLITICAL
AFFILIATION.—Not more 
than 5 members of the Task Force may be 
members of the same political party.
(C) NONGOVERNMENTAL
APPOINTEES.— 
An individual appointed to the Task Force may 
not be an officer or employee of the Federal 
Government or of any State or local govern-
ment. 
(5) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Task Force shall be appointed not later 
than 6 months after the Program has been imple-
mented. 
(6) VACANCIES.—Any vacancy in the Task 
Force shall not affect its powers, but shall be filled 
in the same manner in which the original appoint-
ment was made. 
(7) MEETINGS.— 
(A) INITIAL MEETING.—The Task Force 
shall meet and begin the operations of the Task 
Force as soon as practicable. 
(B) SUBSEQUENT
MEETINGS.—After its 
initial meeting, the Task Force shall meet upon 
the call of the chairman or a majority of its 
members. 
(8) QUORUM.—Six members of the Task Force 
shall constitute a quorum.