469 
the registered agricultural employer at any 
time. 
(D) TRANSFER TO NEW EMPLOYMENT.— 
At the cessation of employment with a reg-
istered agricultural employer, a portable H–2A 
worker shall have 60 days to secure new em-
ployment with a registered agricultural em-
ployer. 
(E) MAINTENANCE OF STATUS.—A port-
able H–2A worker who does not secure new em-
ployment with a registered agricultural em-
ployer within 60 days shall be considered to 
have failed to maintain such status and shall 
depart the United States or be subject to re-
moval under section 237(a)(1)(C)(i) of the Im-
migration and Nationality Act (8 U.S.C. 
1188(a)(1)(C)(i)). 
(3) ENFORCEMENT.—The Secretary of Labor 
shall be responsible for conducting investigations 
and random audits of employers to ensure compli-
ance with the employment-related requirements of 
this section, consistent with section 218(m) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1188(m)). The Secretary of Labor shall have the au-
thority to collect reasonable civil penalties for viola-
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470 
tions, which shall be utilized by the Secretary for the 
administration and enforcement of the provisions of 
this section. 
(4) ELIGIBILITY FOR SERVICES.—Section 305 
of Public Law 99–603 (100 Stat. 3434) is amended 
by striking ‘‘other employment rights as provided in 
the worker’s specific contract under which the non-
immigrant was admitted’’ and inserting ‘‘employ-
ment-related rights’’. 
(c) REPORT.—Not later than 6 months before the 
end of the third fiscal year of the pilot program, the Sec-
retary of Homeland Security, in consultation with the Sec-
retary of Labor and the Secretary of Agriculture, shall 
prepare and submit to the Committees on the Judiciary 
of the House of Representatives and the Senate, a report 
that provides— 
(1) the number of employers designated as reg-
istered agricultural employers, broken down by geo-
graphic region, farm size, and the number of job op-
portunities offered by such employers; 
(2) the number of employers whose designation 
as a registered agricultural employer was revoked; 
(3) the number of individuals granted portable 
H–2A status in each fiscal year, along with the 
number of such individuals who maintained portable 
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471 
H–2A status during all or a portion of the 3-year 
period of the pilot program; 
(4) an assessment of the impact of the pilot 
program on the wages and working conditions of 
United States farm workers; 
(5) the results of a survey of individuals grant-
ed portable H–2A status, detailing their experiences 
with and feedback on the pilot program; 
(6) the results of a survey of registered agricul-
tural employers, detailing their experiences with and 
feedback on the pilot program; 
(7) an assessment as to whether the program 
should be continued and if so, any recommendations 
for improving the program; and 
(8) findings and recommendations regarding ef-
fective recruitment mechanisms, including use of 
new technology to match workers with employers 
and ensure compliance with applicable labor and em-
ployment laws and regulations. 
SEC. 42105. PILOT PROGRAM PROVIDING FORESTRY EM-
PLOYERS THE OPTION OF USING THE H–2A 
PROGRAM OR THE H–2B PROGRAM. 
(a) TIME PERIOD.—For the 3-year period following 
the date of enactment this Act, an employer engaged in 
forestry-and conservation-related services shall have, in 
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472 
any calendar year and at the employer’s sole discretion, 
the option to participate in either the program described 
at 
101(a)(15)(H)(ii)(a) 
of 
such 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(a)) or the program described at 
101(a)(15)(H)(ii)(b) 
of 
such 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(b)). 
(b) RULEMAKING.—After the expiration of the time 
period specified in subsection (a), the Secretary of Labor, 
in consultation with the Secretary of Agriculture, shall 
make a rule determining whether employers engaged in 
forestry-and conservation-related services shall be in the 
future classified in the program described in section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(a), or the program de-
scribed at 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 
1101(a)(15)(H)(ii)(b), or both. 
(c) EXTENSION.—The time period described in sub-
section (a) shall be extended until such time as the regula-
tions promulgated pursuant to subsection (b) are in effect. 
(d) CONDITIONS.—An employer engaged in forestry- 
and conservation-related services shall be permitted to em-
ploy nonimmigrant workers under the following condi-
tions: 
(1) ITINERARIES.—In either the program de-
scribed at Section 101(a)(15)(H)(ii)(a) of such Act 
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473 
(8 U.S.C. 1101(a)(15)(H)(ii)(a)) or the program de-
scribed at 101(a)(15)(H)(ii)(b) of such Act (8 
U.S.C. 1101(a)(15)(H)(ii)(b)), the employer may 
use an itinerary listing worksites that may encom-
pass multiple areas of intended employment without 
limitation as to the number of worksites, States, or 
areas of intended employment. 
(2) APPLICABLE WAGE.— 
(A) H–2A.—In the program described in 
section 101(a)(15)(H)(ii)(a) of such Act (8 
U.S.C. 1101(a)(15)(H)(ii)(a)), an employer 
shall not be required to pay at any location a 
wage higher than the wage described in section 
218 of the Immigration and Nationality Act (8 
U.S.C. 1188), as amended by section 42103 of 
this Act, for described work at that location. 
(B) H–2B.—In the program described at 
section 101(a)(15)(H)(ii)(b) of such Act (8 
U.S.C. 1101(a)(15)(H)(ii)(b)), an employer 
shall not be required to pay at any location a 
wage higher than the prevailing wage applicable 
to the described work at that location. 
(3) HOUSING.—In either the program described 
at section 101(a)(15)(H)(ii)(a) of such Act (8 
U.S.C. 1101(a)(15)(H)(ii)(a)) or the program de-
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474 
scribed at 101(a)(15)(H)(ii)(b) of such Act (8 
U.S.C. 1101(a)(15)(H)(ii)(b)), the employer may, if 
the employer arranges for or provides housing for its 
employees, use public accommodation housing or 
lodging that is otherwise provided on a commercial 
basis to the general public, and such housing or 
lodging shall not be subject to any federally man-
dated inspection or approvals beyond the local or 
State standards otherwise applicable to public ac-
commodation housing or lodging provided to the 
general public. 
(e) FORESTRY- AND CONSERVATION-RELATED SERV-
ICES DEFINED.—The term ‘‘forestry- and conservation-re-
lated services’’ includes tree planting, timber stand im-
provements, timber harvesting, logging operations, brush 
clearing, vegetation management, herbicide application, 
the maintenance of rights of way (including for roads, 
trails, and utilities, and regardless of whether such right 
of-way is on forest land), pruning, seedling lifting, har-
vesting and packaging, and the harvesting of pine straw 
and other minor forest products, orchard work and seed 
collection, and fire prevention and management activities. 
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479 
(b) SECRETARY’S DISCRETION.—Section 212 of the 
Immigration and Nationality Act (8 U.S.C. 1182) is 
amended— 
(1) by redesignating the second subsection (t) 
as subsection (u); and 
(2) by adding at the end the following: 
‘‘(u) SECRETARY’S DISCRETION.— 
‘‘(1) IN GENERAL.—In the case of an alien who 
is the spouse or child of a citizen of the United 
States, the Secretary of Homeland Security may, 
subject to paragraph (2)— 
‘‘(A) waive the application of one or more 
grounds of inadmissibility or deportability in 
connection with an application for an immigra-
tion benefit or request for relief from removal; 
‘‘(B) decline to issue a notice to appear or 
other charging document requiring such an 
alien to appear for removal proceedings; 
‘‘(C) decline to reinstate an order of re-
moval under section 241(a)(5); or 
‘‘(D) grant such alien permission to re-
apply for admission to the United States or any 
other application for an immigration benefit. 
‘‘(2) LIMITATION ON DISCRETION.— 
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480 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may exercise discretion de-
scribed in paragraph (1) if the Secretary deter-
mines that removal of the alien or the denial of 
a requested benefit would result in hardship to 
the alien’s United States citizen spouse, parent, 
or child. There shall be a presumption that 
family separation constitutes hardship. 
‘‘(B) WIDOW AND ORPHAN OF DECEASED 
UNITED STATES CITIZEN.—In the case of the 
death of a citizen of the United States, the Sec-
retary of Homeland Security may exercise dis-
cretion described in paragraph (1) with respect 
to an alien who was a child of such citizen, or 
was the spouse of such citizen and was not le-
gally separated from such citizen on the date of 
the citizen’s death, if— 
‘‘(i) the Secretary determines that the 
denial of a requested benefit would result 
in hardship to the child or spouse; and 
‘‘(ii) the child or spouse seeks relief 
requiring such discretion not later than 
two years after the date of the citizen’s 
death or demonstrates to the satisfaction 
of the Secretary the existence of extraor-
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481 
dinary circumstances that prevented the 
spouse or child from seeking relief within 
such period. 
‘‘(3) EXCLUSIONS.—This subsection shall not 
apply to an alien whom the Secretary determines— 
‘‘(A) is inadmissible under— 
‘‘(i) paragraph (2) or (3) of sub-
sections (a); or 
‘‘(ii) subparagraphs (A), (C), or (D) 
of subsection (a)(10); or 
‘‘(B) is deportable under paragraphs (2), 
(4), or (6) of section 237(a).’’. 
(c) NATIONALITY AT BIRTH AND COLLECTIVE NATU-
RALIZATION.—Section 301(g) of the Immigration and Na-
tionality Act (8 U.S.C. 1401(g)) is amended by striking 
‘‘for a period or periods totaling not less than five years, 
at least two of which were after attaining the age of four-
teen years’’. 
SEC. 51103. MOTIONS TO REOPEN OR RECONSIDER. 
(a) IN GENERAL.—A motion to reopen or reconsider 
the denial of a petition or application or an order of re-
moval for an alien may be granted if such petition, appli-
cation, or order would have been adjudicated in favor of 
the alien had this division, or an amendment made by this 
division, been in effect at the time of such denial or order. 
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482 
(b) FILING REQUIREMENT.—A motion under sub-
section (a) shall be filed no later than the date that is 
2 years after the date of the enactment of this division, 
unless the alien demonstrates to the satisfaction of the 
Secretary of Homeland Security or Attorney General, as 
appropriate, the existence of extraordinary circumstances 
that prevented the alien from filing within such period. 
Subtitle B—Temporary Family 
Visitation Act 
SEC. 51111. FAMILY PURPOSE NONIMMIGRANT VISAS FOR 
RELATIVES OF UNITED STATES CITIZENS 
AND LAWFUL PERMANENT RESIDENTS SEEK-
ING TO ENTER THE UNITED STATES TEMPO-
RARILY. 
(a) ESTABLISHMENT OF NEW NONIMMIGRANT VISA 
CATEGORY.—Section 101(a)(15)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(B)) is amend-
ed by striking ‘‘and who is visiting the United States tem-
porarily for business or temporarily for pleasure;’’ and in-
serting ‘‘and who is visiting the United States temporarily 
for— 
‘‘(i) business; 
‘‘(ii) pleasure; or 
‘‘(iii) family purposes;’’. 
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483 
(b) REQUIREMENTS APPLICABLE TO FAMILY PUR-
POSE VISAS.—Section 214 of the Immigration and Na-
tionality Act (8 U.S.C. 1184) is amended by adding at 
the end the following: 
‘‘(s) REQUIREMENTS APPLICABLE TO FAMILY PUR-
POSE VISAS.— 
‘‘(1) DEFINITIONS.—In this subsection and sec-
tion 101(a)(15)(B)(iii): 
‘‘(A) FAMILY PURPOSES.—The term ‘fam-
ily purposes’ means any visit by a relative for 
a social, occasional, or any other purpose. 
‘‘(B) 
RELATIVE.—The 
term 
‘relative’ 
means the spouse, child, son, daughter, grand-
child, parent, grandparent, sibling, uncle, aunt, 
niece, and nephew of a citizen of the United 
States or an alien lawfully admitted for perma-
nent residence. 
‘‘(2) REQUIREMENT.—A relative seeking admis-
sion pursuant to a visa issued under section 
101(a)(15)(B)(iii) is inadmissible unless— 
‘‘(A) the individual petitioning for such ad-
mission, or an additional sponsor, has sub-
mitted to the Secretary of Homeland Security 
an undertaking under section 213 in the form 
of a declaration of support (Form I–134); and 
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484 
‘‘(B) such relative has obtained, for the 
duration of his or her stay in the United States, 
a health insurance policy (such as an additional 
travel health insurance policy or an existing 
health insurance policy that includes travel 
health care costs) with minimum policy require-
ments, as determined by the Secretary. 
‘‘(3) PERIOD
OF
AUTHORIZED
ADMISSION.— 
The period of authorized admission for a non-
immigrant described in section 101(a)(15)(B)(iii) 
shall not exceed 90 days. 
‘‘(4) PETITIONER REQUIREMENT.— 
‘‘(A) IN GENERAL.—An individual may not 
petition for the admission of a relative as a 
nonimmigrant 
described 
in 
section 
101(a)(15)(B)(iii) if the individual previously 
petitioned for the admission of such a relative 
who— 
‘‘(i) was admitted to the United 
States pursuant to a visa issued under that 
section as a result; and 
‘‘(ii) overstayed his or her period of 
authorized admission. 
‘‘(B) PREVIOUS
PETITIONERS.—An indi-
vidual petitioning for the admission of a relative 
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485 
as 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(B)(iii) who has previously petitioned 
for such a relative shall submit to the Secretary 
of Homeland Security evidence demonstrating 
that the relative on behalf of whom the indi-
vidual previously petitioned did not overstay his 
or her period of authorized admission.’’. 
(c) RESTRICTION ON CHANGE OF STATUS.—Section 
248(a)(1) of the Immigration and Nationality Act (8 
U.S.C. 1258(a)(1)) is amended to read as follows: 
‘‘(1) an alien classified as a nonimmigrant 
under subparagraph (B)(iii), (C), (D), (K), or (S) of 
section 101(a)(15),’’. 
(d) FAMILY PURPOSE VISA ELIGIBILITY WHILE 
AWAITING IMMIGRANT VISA.—Notwithstanding section 
214(b) of the Immigration and Nationality Act (8 U.S.C. 
1184(b)), 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(B)(iii) of that Act who has been classified as 
an immigrant under section 201 of that Act (8 U.S.C. 
1151) and is awaiting the availability of an immigrant visa 
subject to the numerical limitations under section 203 of 
that Act (8 U.S.C. 1153) may be admitted pursuant to 
a family purpose visa, in accordance with section 214(s) 
of that Act, if the individual is otherwise eligible for ad-
mission. 
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486 
Subtitle C—Spouses or Children of 
an Alien Lawfully Admitted for 
Permanent Residence Uncapped 
SEC. 51131. SPOUSES OR CHILDREN OF AN ALIEN LAW-
FULLY ADMITTED FOR PERMANENT RESI-
DENCE. 
Section 201(b)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1151(b)(2)(A)) is amended by adding at 
the end the following: 
‘‘(C) SPOUSES OR CHILDREN OF AN ALIEN 
LAWFULLY ADMITTED FOR PERMANENT RESI-
DENCE.—Aliens who are the spouses or children 
of an alien lawfully admitted for permanent res-
idence’’. 
SEC. 51132. PREFERENCE ALLOCATION FOR FAMILY-SPON-
SORED IMMIGRANTS. 
Section 203 of the Immigration and Nationality Act 
(8 U.S.C. 1153) is amended as follows: 
(1) In subsection (a)(1), by striking ‘‘23,400’’ 
and inserting ‘‘111,300’’. 
(2) In subsection (a)(2), to read as follows: 
‘‘(2) UNMARRIED
SONS
AND
DAUGHTERS
OF 
PERMANENT
RESIDENT
ALIENS.—Qualified immi-
grants who are the unmarried sons or unmarried 
daughters (but are not the children) of an alien law-
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487 
fully admitted for permanent residence, shall be allo-
cated visas in a number not to exceed 26,300, plus 
the number (if any) by which such worldwide level 
exceeds 226,000, plus any visas not required for the 
class specified in paragraph (1).’’. 
TITLE II—FAIRNESS FOR 
IMMIGRANTS 
SEC. 51201. ELIMINATION OF BACKLOGS. 
Section 201(b)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1151(b)(1)) is amended by adding at the 
end the following: 
‘‘(F) Aliens who are beneficiaries (includ-
ing derivative beneficiaries) of an approved im-
migrant visa petition bearing a priority date 
that is more than 10 years before the alien sub-
mits an application for an immigrant visa or for 
adjustment of status.’’. 
SEC. 51202. PER-COUNTRY CAPS RAISED. 
Section 202(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1152(a)(2)) is amended by striking ‘‘7 per-
cent’’ and inserting ‘‘15 percent’’. 
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488 
SEC. 51203. PROTECTING THE STATUS OF CHILDREN AF-
FECTED BY DELAYS IN VISA AVAILABILITY. 
Section 203(h) of the Immigration and Nationality 
Act (8 U.S.C. 1153(h)) is amended by amending para-
graph (1) to read as follows: 
‘‘(1) IN
GENERAL.—For purposes of sub-
sections (a)(2)(A) and (d), a determination of 
whether an alien satisfies the age requirement in the 
matter preceding subparagraph (A) of section 
101(b)(1) shall be made using the age of the alien 
on the date on which the immigrant visa petition 
that is the basis for the alien’s adjustment of status 
or immigrant visa application is filed on behalf of 
such alien (or, in the case of subsection (d), the date 
on which an immigrant visa petition is filed on be-
half of the alien’s parent), but only if the alien has 
sought to acquire the status of an alien lawfully ad-
mitted for permanent residence within one year of 
the date on which an immigrant visa number be-
comes available for such alien and only if such peti-
tion is approved.’’. 
SEC. 51204. SPOUSES AND MINOR CHILDREN NOT IN-
CLUDED IN CALCULATION. 
Section 201(b)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1151(b)(1)), as amended by this division, 
is further amended by adding at the end the following: 
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489 
‘‘(G) Aliens described in section 203(d) if 
accompanying or following to join their spouse 
or parent.’’. 
TITLE III—IMPROVING 
EMPLOYMENT BASED VISAS 
Subtitle A—H–4 Work 
Authorization Act 
SEC. 51301. EMPLOYMENT AUTHORIZATION FOR CERTAIN 
ALIEN SPOUSES. 
Section 214(e) of the Immigration and Nationality 
Act (8 U.S.C. 1184(e)) is amended by adding at the end 
the following: 
‘‘(3) In the case of an alien spouse admitted 
under section 101(a)(15)(H)(i)(b), who is accom-
panying or following to join a principal alien admit-
ted under such section, the Secretary of Homeland 
Security shall authorize the alien spouse to engage 
in employment in the United States incident to sta-
tus (including pursuant to timely-filed extension of 
stay application) and provide the spouse with an 
‘employment authorized’ endorsement or other ap-
propriate work permit.’’. 
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