I 
109TH CONGRESS 
1ST SESSION H. R. 4065 
To amend the Immigration and Nationality Act to provide certain 
undocumented workers with temporary work visas. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 17, 2005 
Mr. OSBORNE introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to provide 
certain undocumented workers with temporary work visas. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Temporary Worker 
Registration and Visa Act of 2005’’.
SEC. 2. ISSUANCE OF TEMPORARY WORKER VISA FOR CER-
TAIN 
UNDOCUMENTED 
WORKER 
REG-
ISTRANTS. 
(a) IN GENERAL.—The Immigration and Nationality 
Act is amended by inserting after section 245A (8 U.S.C. 
1255a) the following new section: 
‘‘SEC. 245B. ISSUANCE OF TEMPORARY WORKER VISA FOR 
CERTAIN 
UNDOCUMENTED 
WORKER 
REG-
ISTRANTS. 
‘‘(a) REGISTRATION PROCESS
FOR CERTAIN UN-
DOCUMENTED WORKERS.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall register under this subsection an alien 
if the alien demonstrates to the satisfaction of the 
Secretary that the alien meets the following require-
ments: 
‘‘(A) APPLICATION.— 
‘‘(i) IN GENERAL.—The alien applies 
for such registration in a form and manner 
specified by the Secretary during the reg-
istration period under clause (ii). 
‘‘(ii) 
REGISTRATION
PERIOD.—The 
registration period under this clause shall 
be a 12-month period beginning on a date 
(not later than 180 days after the enact-
ment of this section) designated by the 
Secretary. 
‘‘(B) 
CONTINUOUS
UNLAWFUL
PRES-
ENCE.— 
‘‘(i) IN
GENERAL.—The alien has 
been continuously unlawfully present in the 
United States from January 1, 2005, 
through the date the application under 
subparagraph (A) is filed. 
‘‘(ii) 
UNLAWFUL
PRESENCE
NOT 
KNOWN.—The alien’s unlawful presence in 
the United States is not known to officials 
of the Bureau of Immigration and Cus-
toms Enforcement of the Department of 
Homeland Security (as evidenced by docu-
mentary records) at any time prior to the 
alien’s application for registration under 
this subsection. 
‘‘(iii) TREATMENT OF BRIEF, CASUAL, 
AND INNOCENT ABSENCES.—An alien shall 
not be considered to have failed to have 
maintained continuous physical presence in 
the United States for purposes of clause (i) 
by virtue of brief, casual, and innocent ab-
sences from the United States or a brief,
temporary trip abroad required by emer-
gency or extenuating circumstances outside 
the control of the alien 
‘‘(iv) NO AUTHORIZATION OF ADMIS-
SION.—Nothing in this section shall be 
construed as authorizing an alien to apply 
for admission to, or to be admitted to, the 
United States in order to register under 
this subsection. 
‘‘(C) NONIMMIGRANTS.— 
‘‘(i) IN GENERAL.—In the case of an 
alien who entered the United States as a 
nonimmigrant before the date specified in 
subparagraph (B)(i), the alien’s period of 
authorized stay as a nonimmigrant expired 
through the passage of time before such 
date. 
‘‘(ii) EXCHANGE
VISITORS.—If the 
alien was at any time a nonimmigrant ex-
change alien (as described in section 
101(a)(15)(J)), the alien was not subject 
to the two-year foreign residence require-
ment of section 212(e) or has fulfilled that 
requirement or received a waiver thereof.
‘‘(D) ADMISSIBLE AS TEMPORARY WORK-
ER.—The alien— 
‘‘(i) is admissible to the United States 
as an immigrant, except as otherwise pro-
vided under paragraph (3), and is not in-
admissible under paragraph (2) or (3) of 
section 212(a) or deportable under para-
graph (2)(A)(iii) or (4) of section 237(a); 
‘‘(ii) has not been convicted of any fel-
ony or of three or more misdemeanors 
committed in the United States; and 
‘‘(iii) has not assisted in the persecu-
tion of any person or persons on account 
of race, religion, nationality, membership 
in a particular social group, or political 
opinion. 
‘‘(E) BIOMETRIC IDENTIFIERS.—The alien 
provides the Secretary with such biometric iden-
tifiers as the Secretary may require for the 
issuance of a visa, in accordance with section 
303(b)(1) of the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (8 U.S.C. 
1732(b)(1)).
‘‘(F) REGISTRATION FEE.—The alien has 
paid such registration fee as the Secretary shall 
specify. 
‘‘(G) ABANDONMENT OF OTHER APPLICA-
TIONS FOR RELIEF.—The alien has withdrawn 
or has otherwise abandoned or terminated any 
other application for relief from removal under 
any law, which may have been pending prior to 
the submission of the application under sub-
paragraph (A), and the alien has permanently 
relinquished the opportunity subsequently to 
submit any other such application for relief. 
‘‘(H) 
EMPLOYMENT
IN
THE
UNITED 
STATES.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the alien was employed 
on a full-time basis in the United States 
since the date specified in subparagraph 
(B)(i). 
‘‘(ii) EXCEPTION FOR SPOUSES AND 
MINOR
CHILDREN
OF
REGISTRANTS.— 
Clause (i) shall not apply in the case of an 
alien who is the spouse or minor child of 
an alien who is registered (or in the proc-
ess of registering) under this subsection.
‘‘(2) BENEFITS OF REGISTRATION.— 
‘‘(A) WORK AUTHORIZATION.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall authorize an alien who is registered 
under this subsection to engage in employ-
ment in the United States during the term 
of the alien’s registration and shall provide 
the alien with an ‘employment authorized’ 
endorsement or other appropriate docu-
ment signifying authorization of employ-
ment. 
‘‘(ii) GRANTING
UPON
PRIMA
FACIE 
SHOWING OF ELIGIBILITY.—In the case of 
an alien who applies for registration under 
this subsection and who establishes a 
prima facie case of eligibility to be so reg-
istered, the Secretary shall provide such 
alien with the employment authorization 
described in clause (i) during the pendency 
of such application. 
‘‘(3) WAIVER OF CERTAIN GROUNDS FOR RE-
MOVAL.— 
‘‘(A) IN GENERAL.—Except as provided in 
this paragraph, the provisions of subparagraphs 
(A) and (B) of subsection (d)(2) of section
245A shall apply to determinations of eligibility 
for registration under this subsection in the 
same manner as they apply to determinations of 
admissibility for purposes of such section. 
‘‘(B) MODIFICATION OF REFERENCE.—In 
applying subparagraph (A), any reference in 
section 245A(d)(2)(A) to section 212(a)(7)(A) 
is deemed a reference to section 212(a)(7)(B). 
‘‘(C) 
INAPPLICABILITY
OF
CERTAIN 
GROUNDS
FOR
SUBSEQUENT
REMOVAL.—For 
purposes of obtaining the benefits described in 
this subsection, and for purposes of any other 
determination under the immigration laws of 
the United States, any ground for removal or 
denial of admission (including grounds under 
sections 212(a)(6)(A) and 212(a)(9)(B)) appli-
cable to an alien registered under this sub-
section shall be disregarded if the ground is re-
flected in the records of the Department of 
Homeland Security or the Department of State 
on the date on which the alien first applied for 
such registration and if such ground is waived 
under this paragraph. 
‘‘(4) TERMINATION OF REGISTRATION.—
‘‘(A) EXPIRATION.—Except as provided in 
subparagraph (B), the period of registration of 
an alien under this section shall expire at the 
end of the 6-month period beginning on the 
date of the approval of such registration. 
‘‘(B) TERMINATION OF REGISTRATION.— 
The Secretary of Homeland Security shall pro-
vide for the termination of registration of an 
alien under this subsection— 
‘‘(i) if it appears to the Secretary that 
the alien was in fact not eligible for such 
registration; or 
‘‘(ii) if the alien commits an act that 
makes the alien inadmissible to the United 
States as a nonimmigrant under section 
101(a)(15)(W). 
‘‘(b) PROVISION OF TEMPORARY WORKER VISA.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall approve the issuance of a visa to an 
alien as a nonimmigrant described in section 
101(a)(15)(W) if the alien— 
‘‘(A) is registered under subsection (a); 
and 
‘‘(B) makes application for such visa at an 
appropriate consular office outside the United
States in the alien’s country of nationality or, 
in the case of an alien having no nationality, in 
the alien’s country of last habitual residence 
outside the United States, not later than 6 
months after the date of approval of such reg-
istration. 
‘‘(2) PERIOD OF AUTHORIZED ADMISSION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the initial period of authorized ad-
mission as a nonimmigrant described in section 
101(a)(15)(W) shall be 3 years. 
‘‘(B) EMPLOYMENT REQUIRED TO MAIN-
TAIN STATUS.— 
‘‘(i) IN GENERAL.—An alien’s admis-
sion as a nonimmigrant under section 
101(a)(15)(W), other than as the spouse 
or child of such a nonimmigrant, is condi-
tioned upon continuous employment in the 
United States. 
‘‘(ii) SHORT BREAKS IN EMPLOYMENT 
PERMITTED WITH NOTICE.— An alien does 
not violate clause (i) if— 
‘‘(I) the break in employment 
does not exceed 30 days (or such 
longer period as the Secretary may
provide based on extraordinary cir-
cumstances); and 
‘‘(II) the Secretary is provided 
notice in a timely manner of the break 
in employment and of the resumption 
of employment. 
‘‘(C) EXTENSION.— 
‘‘(i) IN GENERAL.—The period of au-
thorized admission as a nonimmigrant 
under section 101(a)(15)(W) may be ex-
tended by the Secretary in 3-year incre-
ments. The Secretary may not authorize 
such extension for an alien if the alien vio-
lated subparagraph (B) for the previous 
period of authorized admission. 
‘‘(ii) EXTENSION
FEE.— The Sec-
retary shall impose a fee on applicants for 
an extension under clause (i). 
‘‘(D) TERMINATION
OF
NONIMMIGRANT 
STATUS.—The Secretary of Homeland Security 
shall provide for the termination of non-
immigrant status granted an alien under this 
subsection if it appears to the Secretary that 
the alien was in fact not eligible for registration 
under subsection (a).