I 
108TH CONGRESS 
2D SESSION 
H. R. 4262
To provide for earned adjustment to reward work, reunify families, establish 
a temporary worker program that protects United States and foreign 
workers and strengthen national security under the immigration laws 
of the United States. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 4, 2004
Mr. GUTIERREZ (for himself, Mr. MENENDEZ, Ms. PELOSI, Mr. CONYERS, 
Ms. JACKSON-LEE of Texas, Mr. BERMAN, Ms. LINDA T. SA´NCHEZ of 
California, Mr. GRIJALVA, Mr. FARR, Mr. ABERCROMBIE, Ms. 
SCHAKOWSKY, Mr. FILNER, Ms. SOLIS, Mr. RODRIGUEZ, Ms. ROYBAL-
ALLARD, Mr. BACA, Mr. HINOJOSA, Mr. ACEVEDO-VILA´, Mr. GONZALEZ, 
Mr. RANGEL, Mrs. NAPOLITANO, Mr. BECERRA, Mr. PASTOR, Mr. CROW-
LEY, Ms. LOFGREN, Mr. SERRANO, and Ms. VELA´ZQUEZ) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To provide for earned adjustment to reward work, reunify 
families, establish a temporary worker program that pro-
tects United States and foreign workers and strengthen 
national security under the immigration laws of the 
United States.
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—
(1) the ‘‘Safe, Orderly, Legal Visas and En-
forcement Act of 2004’’; or 
(2) the ‘‘S.O.L.V.E. Act of 2004’’. 
TITLE I—EARNED ADJUSTMENT 
PROGRAM 
SEC. 101. ADJUSTMENT OF STATUS. 
(a) PRINCIPAL ALIENS.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security shall 
adjust to the status of an alien lawfully admitted for per-
manent residence an alien who satisfies the following re-
quirements: 
(1) APPLICATION.—The alien shall file an ap-
plication establishing eligibility for adjustment of 
status and pay the requisite filing fee under section 
115, not later than 2 years after the date of the 
issuance of final regulations implementing this title. 
(2) CONTINUOUS PHYSICAL PRESENCE.—
(A) IN GENERAL.—The alien shall estab-
lish that the alien—
(i) was physically present in the 
United States, lawfully or unlawfully, for 
at least 5 years preceding the date on 
which this Act was introduced; 
(ii) on such date, was not legally 
present in the United States pursuant to
any classification set forth in section 
101(a)(15) of the Immigration and Nation-
ality Act (with the exception of subpara-
graph (V) of such section); and 
(iii) has not departed from the United 
States except pursuant to the following pa-
rameters: 
(I) Single departures of 90 days 
or less, and multiple departures total-
ing 180 days or less, will not be con-
sidered to interrupt continuous phys-
ical presence for purposes of this sec-
tion. 
(II) The burden will be on the 
alien to demonstrate that all single 
departures exceeding 90 days, and 
multiple departures totaling more 
than 180 days, were due to excep-
tional circumstances. 
(III) Departures pursuant to vol-
untary departure shall not in them-
selves be considered to interrupt the 
period of physical presence. 
(B) CONSTRUCTION.—A person who has 
violated any conditions of his visa shall not be
considered to be legally present for purposes of 
subparagraph (A). 
(3) ADMISSIBLE UNDER IMMIGRATION LAWS.—
In establishing admissibility to the United States, 
the alien shall establish that the alien is not inad-
missible under section 212(a) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)), except for 
any provision of that section that is not applicable 
or waived under section 102. 
(4) EMPLOYMENT IN UNITED STATES.—
(A) IN
GENERAL.—The alien shall have 
been employed, including self-employment, law-
fully or unlawfully, in the United States, in the 
aggregate, for at least 2 years of the 5 years 
immediately preceding the date on which this 
Act was introduced. For purposes of this sec-
tion, either 1,800 hours or 260 days shall con-
stitute 2 years of employment. An alien shall 
not be required to complete such employment 
requirements with the same employer. 
(B) EXCEPTION.—Subparagraph (A) shall 
not apply to an individual who is under 21 
years of age on the date on which the applica-
tion was filed under this section. Subparagraph 
(A) also shall not apply to an individual who
has not been employed as a result of pregnancy, 
or because of primary caretaker responsibilities 
of a child or other person who requires super-
vision or is unable to take care of him or her-
self. 
(C) DISABILITY.—In determining whether 
an alien has met the requirements of (A), the 
Secretary of Homeland Security shall credit the 
alien with any workdays lost because the alien 
was unable to work due to injury or disease 
arising out of and in the course of the alien’s 
employment, if the alien can establish such dis-
abling injury or disease through medical 
records. 
(D) EDUCATIONAL ALTERNATIVE.—School 
attendance by an alien after the age of 18 years 
of each year of high school, or postsecondary 
education (at least half-time) shall constitute 
one year of employment for purposes of this 
section. 
(E) EVIDENCE OF EMPLOYMENT.—
(i) CONCLUSIVE
DOCUMENTS.—For 
purposes of satisfying the requirement in 
subparagraph (A), the alien shall submit at 
least 1 of the following documents for each
period of employment, which shall be con-
sidered conclusive evidence of such employ-
ment: 
(I) Records maintained by the 
Social Security Administration. 
(II) Records maintained by an 
employer, such as pay stubs, time 
sheets, 
or 
employment 
work 
verification. 
(III) Records maintained by the 
Internal Revenue Service. 
(IV) Records maintained by a 
labor union, day labor center, or an 
organization that assists workers in 
matters related to employment. 
(V) Records maintained by any 
other government agency, such as 
worker compensation records, dis-
ability records, or business licensing 
records. 
(ii) OTHER DOCUMENTS.—Aliens un-
able to submit a document described in 
clause (i) shall submit at least 2 other 
types of reliable documents, including 
sworn declarations for each period of em-
ployment to satisfy the requirement in sub-
paragraph (A). Such documents may in-
clude: 
(I) Bank records. 
(II) Business records. 
(III) Affidavits from nonrelatives 
who have direct knowledge of the ap-
plicant’s work. 
(IV) Remittance records. 
(V) Business correspondence. 
(iii) INTENT OF CONGRESS.—It is the 
intent of Congress that the requirement in 
subparagraph (A) be interpreted and im-
plemented in a manner that recognizes and 
takes into account the difficulties encoun-
tered by aliens in obtaining evidence of em-
ployment due to the undocumented status 
of the alien. 
(F) BURDEN OF PROOF.—An alien apply-
ing for adjustment of status under this section 
has the burden of proving by a preponderance 
of the evidence that the alien has worked the 
requisite time period (as required under sub-
paragraph (A)). An alien may meet such bur-
den of proof by producing sufficient evidence to
show the extent of that employment as a matter 
of just and reasonable inference. In such a case, 
the burden then shifts to the Secretary of 
Homeland Security to disprove the alien’s evi-
dence with a showing which negates the reason-
ableness of the inference to be drawn from the 
evidence. 
(5) PAYMENT OF INCOME TAXES.—Not later 
than the date on which status is adjusted under this 
section, the alien shall establish the payment of all 
Federal income taxes owed for employment during 
the period of employment required under paragraph 
(4)(A). The alien may satisfy such requirement by 
establishing that—
(A) no such tax liability exists; 
(B) all outstanding liabilities have been 
met; 
(C) the alien has entered into an agree-
ment for payment of all outstanding liabilities 
with the Internal Revenue Service (IRS); or 
(D) the IRS shall be directed to cooperate 
in providing documentation to the alien pursu-
ant to this title. 
(6) BASIC CITIZENSHIP SKILLS.—
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the alien shall establish that 
the alien meets the requirements of section 
312(a) of the Immigration and Nationality Act 
(8 U.S.C. 1423(a)) (relating to minimal under-
standing of ordinary English and a knowledge 
and understanding of the history and govern-
ment of the United States), or is pursuing, or 
is enrolled or registered to pursue such knowl-
edge and understanding of English and civics. 
(B) EXCEPTIONS.—The requirements of 
subparagraph (A) shall not apply to any person 
who is 55 years of age or older or who is unable 
to comply with those requirements because of a 
physical or developmental disability or mental 
impairment. 
(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated such sums for English and civics classes 
as are necessary to carry out this section. 
(7) SECURITY AND LAW ENFORCEMENT CLEAR-
ANCES.—The alien shall submit fingerprints in ac-
cordance with procedures established by the Sec-
retary of Homeland Security. Such fingerprints shall 
be submitted to relevant Federal agencies to be
checked against existing databases for information 
relating to criminal, national security, or other law 
enforcement actions that would render the alien in-
eligible for adjustment of status under this section. 
The relevant Federal agencies shall work to ensure 
that such clearances are completed as expeditiously 
as possible. An appeal of a denial by the Secretary 
of Homeland Security shall be processed through the 
Administrative Appeals Office of the Bureau of Citi-
zenship and Immigration Services. 
(8) MILITARY SELECTIVE SERVICE.—The alien 
shall establish that if the alien is within the age pe-
riod required under the Military Selective Service 
Act (50 U.S.C. App. 451 et seq.), that such alien 
has registered under that Act. 
(b) SPOUSES AND CHILDREN.—
(1) IN GENERAL.—
(A) ADJUSTMENT
OF
STATUS.—Notwith-
standing any other provision of law, the Sec-
retary of Homeland Security shall, if otherwise 
eligible under paragraph (2), adjust the status 
to that of a lawful permanent resident for, or 
provide an immigrant visa to—
(i) the spouse or child, defined as a 
person who was under 21 years of age on
the date of the enactment of this Act, of 
an alien who adjusts status to that of a 
permanent resident under subsection (a); 
or 
(ii) an alien who, within 5 years pre-
ceding such date, was the spouse or child 
of an alien who adjusts status or is eligible 
to adjust status to that of a permanent 
resident under subsection (a), if—
(I) the termination of the quali-
fying relationship was connected to 
domestic violence; and 
(II) the spouse or child has been 
battered or subjected to extreme cru-
elty by the spouse or parent who ad-
justs status to that of a permanent 
resident under subsection (a). 
(B) APPLICATION
OF
OTHER
LAW.—In 
acting on applications filed under this sub-
section with respect to aliens who have been 
battered or subjected to extreme cruelty, the 
Secretary of Homeland Security shall apply the 
provisions of section 204(a)(1)(J) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(J)) and the protections, prohibi-
tions, and penalties under section 384 of the Il-
legal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1367). 
(2) WAIVER
OF
INADMISSIBILITY.—In estab-
lishing admissibility to the United States, the spouse 
or child described in paragraph (1) shall establish 
that they are not inadmissible under section 212(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(a)), except for any provision of that section 
that is not applicable or waived under section 102. 
(3) SECURITY AND LAW ENFORCEMENT CLEAR-
ANCE.—The spouse or child, if that child is 14 years 
of age or older, described in paragraph (1) shall sub-
mit fingerprints in accordance with procedures es-
tablished by the Secretary of Homeland Security. 
Such fingerprints shall be submitted to relevant 
Federal agencies to be checked against existing 
databases for information relating to criminal, na-
tional security, or other law enforcement actions 
that would render the alien ineligible for adjustment 
of status under this section. The relevant Federal 
agencies shall work to ensure that such clearances 
are completed as expeditiously as possible. An appeal 
of a denial by the Secretary of Homeland Security 
shall be processed through the Administrative Ap-
peals Office of the Bureau of Citizenship and Immi-
gration Services. 
(c) NONAPPLICABILITY
OF
NUMERICAL
LIMITA-
TIONS.—When an alien is granted lawful permanent resi-
dent status under this section, the number of immigrant 
visas authorized to be issued under any provision of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
shall not be reduced. 
SEC. 102. GROUNDS OF INADMISSIBILITY. 
In the determination of an alien’s admissibility under 
subsections (a)(3) or (b)(2) of section 101, the following 
shall apply: 
(1) GROUNDS THAT MAY NOT BE WAIVED.—
The following provisions of section 212(a) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)) 
may not be waived by the Secretary of Homeland 
Security or the Secretary of State under paragraph 
(3)(A): 
(A) Subparagraphs (A), (B), (C), (E), (G), 
(H), and (I) of paragraph (2) of such section 
(relating to criminals). 
(B) Paragraph (3) of such section (relating 
to security and related grounds).
(C) Subparagraphs (A) and (C) of para-
graph (10) of such section (relating to polyg-
amists and child abductors). 
(2) GROUNDS OF INADMISSIBILITY NOT APPLI-
CABLE.—The provisions of paragraphs (4), (5), 
(6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7), (9), and 
(10)(B) of section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)) shall not apply. 
(3) WAIVER OF OTHER GROUNDS.—
(A) IN GENERAL.—Except as provided in 
paragraph (1), the Secretary of Homeland Se-
curity or the Secretary of State may waive any 
provision of section 212(a) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)) in the 
case of individual aliens for humanitarian pur-
poses, to ensure family unity, or when it is oth-
erwise in the public interest. 
(B) 
CONSTRUCTION.—Nothing 
in 
this 
paragraph shall be construed as affecting the 
authority of the Secretary of Homeland Secu-
rity or the Secretary of State other than under 
this paragraph to waive the provisions of sec-
tion 212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)).
(4) SPECIAL RULE FOR INDIVIDUALS WHERE 
THERE IS NO COMMERCIAL PURPOSE.—An alien is 
not ineligible for adjustment of status under section 
101 by reason of a ground of inadmissibility under 
section 212(a)(6)(E) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(6)(E)) if the alien 
establishes that the action referred to in that section 
was taken for humanitarian purposes, to ensure 
family unity, or was otherwise in the public interest. 
(5) APPLICABILITY OF OTHER PROVISIONS.—
Section 241(a)(5) of the Immigration and Nation-
ality Act (8 U.S.C. 1231(a)(5)) and section 240B(d) 
of that Act (8 U.S.C. 1229c(d)) shall not apply with 
respect to an alien who is applying for adjustment 
of status under section 101. 
SEC. 103. TREATMENT OF APPLICANTS. 
(a) IN GENERAL.—An alien who files an application 
under section 101 for adjustment of status, including a 
spouse or child who files for adjustment of status under 
section 101(b)—
(1) shall be granted employment authorization 
pending final adjudication of the alien’s application 
for adjustment of status;
(2) shall be granted permission to travel abroad 
pursuant to regulation pending final adjudication of 
alien’s application for adjustment of status; 
(3) shall not be detained, determined inadmis-
sible or deportable, or removed pending final adju-
dication of the alien’s application for adjustment of 
status, unless the alien commits an act which ren-
ders the alien ineligible for such adjustment of sta-
tus; and 
(4) shall not be considered an unauthorized 
alien (as defined in section 274A(h)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 1324a(h)(3))) 
until such time as employment authorization under 
paragraph (1) is denied. 
(b) SECURITY
AND LAW ENFORCEMENT CLEAR-
ANCE.—Before an alien is granted employment authoriza-
tion or permission to travel under subsection (a), the alien 
shall be required to undergo a name check against existing 
databases for information relating to criminal, national se-
curity, or other law enforcement actions. The relevant 
Federal agencies shall work to ensure that such name 
checks are completed not later than 90 days after the date 
on which the name check is requested. 
(c) BIOMETRIC
DOCUMENTS.—The Secretary of 
Homeland Security shall issue to each alien described in
paragraph (a) a machine-readable tamper-resistant docu-
ment that uses biometric identifiers consistent with the re-
quirements of section 303 of the Enhanced Border Secu-
rity Visa Reform Act, Public Law 107–173, and rep-
resents the benefits and status set forth therein. 
(d) TERMINATION OF PROCEEDINGS.—An alien in 
removal proceedings who establishes prima facie eligibility 
for adjustment of status under section 101 shall be enti-
tled to a termination of immigration proceedings pending 
the outcome of the alien’s application, unless the pro-
ceedings are based on criminal or national security 
grounds. 
SEC. 104. APPREHENSION BEFORE APPLICATION PERIOD. 
The Secretary of Homeland Security shall provide 
that, in the case of an alien who is apprehended before 
the beginning of the application period described in section 
101 and who can establish prima facie eligibility to have 
the alien’s status adjusted under that section (but for the 
fact that the alien may not apply for such adjustment until 
the beginning of such period), until the alien has had the 
opportunity during the first 180 days of the application 
period to complete the filing of an application for adjust-
ment, the alien—
(1) may not be detained solely for a violation of 
immigration status as described in section 102(2);
(2) may not be removed from the United 
States; and 
(3) shall be granted employment authorization 
after undergoing all clearances determined appro-
priate by the Secretary of Homeland Security. 
SEC. 105. CONFIDENTIALITY OF INFORMATION. 
(a) IN GENERAL.—Except as otherwise provided in 
this title, no Federal agency or bureau, nor any officer 
or employee of such agency or bureau, may—
(1) use the information furnished by the appli-
cant pursuant to an application filed under sub-
section (a) or (b) of section 101 for any purpose 
other than to make a determination on the applica-
tion; 
(2) make any publication through which the in-
formation furnished by any particular applicant can 
be identified; or 
(3) permit anyone other than the sworn officers 
and employees of such agency or bureau or, with re-
spect to applications filed with a recognized organi-
zation under section 112, that recognized organiza-
tion, to examine individual applications. 
(b) 
REQUIRED
DISCLOSURES.—Notwithstanding 
subsections (b) and (c) of section 112, the Secretary of 
Homeland Security and the Secretary of State shall pro-
vide the information furnished pursuant to an application 
filed under subsection (a) or (b) of section 101, and any 
other information derived from such furnished informa-
tion, to a duly recognized law enforcement entity in con-
nection with a criminal investigation or prosecution or a 
national security investigation or prosecution, in each in-
stance about an individual suspect or group of suspects, 
when such information is requested in writing by such en-
tity. 
(c) CRIMINAL PENALTY.—Any person who knowingly 
uses, publishes, or permits information to be examined in 
violation of this section shall be fined not more than 
$10,000. 
SEC. 106. PENALTIES FOR FALSE STATEMENTS IN APPLICA-
TIONS. 
(a) CRIMINAL PENALTY.—
(1) VIOLATION.—It shall be unlawful for any 
person—
(A) to file or assist in filing an application 
for adjustment of status under this title and 
knowingly and willfully falsify, conceal, or cover 
up a material fact or make any false, fictitious, 
or fraudulent statements or representations, or 
make or use any false writing or document
knowing the same to contain any false, ficti-
tious, or fraudulent statement or entry; or 
(B) to create or supply a false writing or 
document for use in making such an applica-
tion. 
(2) PENALTY.—Any person who violates para-
graph (1) shall be fined in accordance with title 18, 
United States Code, imprisoned not more than 5 
years, or both. 
(b) INADMISSIBILITY.—An alien who is convicted of 
a crime under subsection (a) shall be considered to be in-
admissible to the United States on the ground described 
in section 212(a)(6)(C)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(6)(C)(i)). 
(c) EXCEPTION.—Notwithstanding subsections (a) 
and (b), any alien or other entity (including an employer 
or union) that submits an employment record that con-
tains incorrect data that the alien used in order to obtain 
such employment, shall not, on that ground, be determined 
to have violated this section. 
SEC. 107. INELIGIBILITY FOR PUBLIC BENEFITS. 
An alien whose status has been adjusted in accord-
ance with section 101 shall be ineligible for any Federal 
means-tested public benefit as defined for purposes of sec-
tion 403 of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1613) unless 
the alien meets the alien eligibility criteria for such benefit 
provided under title IV of such Act (8 U.S.C. 1601 et 
seq.). 
SEC. 108. RELATIONSHIPS OF APPLICATION TO CERTAIN 
ORDERS. 
(a) IN GENERAL.—An alien who is present in the 
United States and has been ordered excluded, deported, 
removed, or to depart voluntarily from the United States 
under any provision of the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) may, notwithstanding such 
order, apply for adjustment of status under section 101. 
Such an alien shall not be required, as a condition of sub-
mitting or granting such application, to file a separate mo-
tion to reopen, reconsider, or vacate the exclusion, depor-
tation, removal or voluntary departure order. If the Sec-
retary of Homeland Security grants the application, the 
Secretary of Homeland Security shall cancel such order. 
If the Secretary of Homeland Security renders a final ad-
ministrative decision to deny the application, such order 
shall be effective and enforceable 90 days after the date 
of the denial. 
(b) STAY OF REMOVAL.—The filing of an application 
described in subsection (a) shall stay the removal of the 
alien pending final adjudication of the application. Noth-
ing in this section affects review and stays of removal 
under section 110. 
SEC. 109. APPLICATION OF OTHER IMMIGRATION AND NA-
TIONALITY ACT PROVISIONS. 
Nothing in this title shall preclude an alien who may 
be eligible to be granted adjustment of status under sec-
tion 101 from seeking such status under any other provi-
sion of law for which the alien may be eligible. 
SEC. 110. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) IN GENERAL.—Except as provided in this section, 
there shall be no administrative or judicial review of a de-
termination respecting an application for adjustment of 
status under section 101. 
(b) ADMINISTRATIVE REVIEW.—
(1) SINGLE LEVEL OF ADMINISTRATIVE APPEL-
LATE REVIEW.—The Secretary of Homeland Secu-
rity shall establish an appellate authority within the 
Bureau of Citizenship and Immigration Services to 
provide for a single level of administrative appellate 
review of a determination respecting an application 
for adjustment of status under section 101. 
(2) STANDARD
FOR
REVIEW.—Administrative 
appellate review referred to in paragraph (1) shall be 
based solely upon the administrative record estab-
lished at the time of the determination on the appli-
cation and upon the presentation of additional or 
newly discovered evidence during the time of the 
pending appeal. 
(c) JUDICIAL REVIEW.—
(1) DIRECT REVIEW.—A person whose applica-
tion for adjustment of status under section 101 is 
denied after administrative appellate review under 
subsection (b) may seek review of such denial, in ac-
cordance with chapter 7 of title 5, United States 
Code, before the United States district court for the 
district in which the person resides. 
(2) REVIEW AFTER REMOVAL PROCEEDINGS.—
There shall be judicial review in the Federal courts 
of appeal of the denial of an application for adjust-
ment of status under section 101 in conjunction with 
judicial review of an order of removal, deportation, 
or exclusion, but only if the validity of the denial has 
not been upheld in a prior judicial proceeding under 
paragraph (1). Notwithstanding any other provision 
of law, the standard for review of such a denial shall 
be governed by paragraph (3). 
(3) STANDARD FOR JUDICIAL REVIEW.—Judi-
cial review of a denial of an application under this 
title shall be based solely upon the administrative 
record established at the time of the review. The
findings of fact and other determinations contained 
in the record shall be conclusive unless the applicant 
can establish abuse of discretion or that the findings 
are directly contrary to clear and convincing facts 
contained in the record, considered as a whole. 
(4) 
JURISDICTION
OF
COURTS.—Notwith-
standing any other provision of law, the district 
courts of the United States shall have jurisdiction 
over any cause or claim arising from a pattern or 
practice of the Secretary of Homeland Security in 
the operation or implementation of this title that is 
arbitrary, capricious, or otherwise contrary to law, 
and may order any appropriate relief. The district 
courts may order any appropriate relief in accord-
ance with the preceding sentence without regard to 
exhaustion, ripeness, or other standing requirements, 
if the court determines that resolution of such cause 
or claim will serve judicial and administrative effi-
ciency or that a remedy would otherwise not be rea-
sonably available or practicable. 
(d) STAY OF REMOVAL.—Aliens seeking administra-
tive or judicial review under this section shall not be re-
moved from the United States until a final decision is ren-
dered establishing ineligibility under this title.
SEC. 111. DISSEMINATION OF INFORMATION ON ADJUST-
MENT PROGRAM. 
The Secretary of Homeland Security, in cooperation 
with recognized organizations described in section 112 
shall broadly disseminate information respecting adjust-
ment of status under this title and the requirements to 
be satisfied to obtain such status. The Secretary of Home-
land Security shall also disseminate information to em-
ployers and labor organizations to advise them of the 
rights and protections available to them and to workers 
who file applications under this title. Such information 
shall be broadly disseminated, in the top 10 languages spo-
ken by the aliens expected to qualify for adjustment of 
status under this title, including to television, radio, and 
print media such aliens would have access to. 
SEC. 112. ENTITIES QUALIFIED TO RECEIVE APPLICATIONS. 
(a) IN GENERAL.—For purposes of assisting in the 
adjustment of status program provided under this title, 
the Secretary of Homeland Security shall authorize orga-
nizations recognized by the Board of Immigration Appeals 
to receive applications filed under section 101. 
(b) TREATMENT OF APPLICATIONS BY RECOGNIZED 
ORGANIZATIONS.—Each recognized organization shall 
agree to forward all applications filed with the entity to 
the Secretary of Homeland Security, but only if the appli-
cant has consented to such forwarding in writing.
(c) LIMITATION ON ACCESS TO INFORMATION.—Files 
and records of recognized organizations relating to an 
alien’s seeking assistance or information with respect to 
filing an application under this title are confidential and 
no government agency shall have access to such files or 
records without the consent of the alien or pursuant to 
a legally recognized subpoena. 
SEC. 113. CORRECTION OF SOCIAL SECURITY RECORDS. 
Section 208(d)(1) of the Social Security Act (42 
U.S.C. 408(d)(1)) is amended—
(1) in subparagraph (B), by striking ‘‘or’’ at 
the end of clause (ii); 
(2) in subparagraph (C), by inserting ‘‘or’’ at 
the end; 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) whose status is adjusted to that of 
lawful permanent resident under title I of the 
S.O.L.V.E. Act of 2004,’’; and 
(4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 
in the case of an alien described in subparagraph 
(D), if such conduct is alleged to have occurred prior 
to the date on which the alien became lawfully ad-
mitted for temporary residence.’’.
SEC. 114. EMPLOYER PROTECTIONS. 
(a) IMMIGRATION STATUS OF ALIEN.—Employers of 
aliens applying for adjustment of status under this title 
shall not be subject to civil and criminal tax liability relat-
ing directly to the employment of such alien. 
(b) PROVISION OF EMPLOYMENT RECORDS.—Em-
ployers that provide unauthorized aliens with copies of em-
ployment records or other evidence of employment pursu-
ant to an application for adjustment of status under this 
title or any other application or petition pursuant to other 
provisions of the immigration laws, shall not be subject 
to civil and criminal liability pursuant to section 274A of 
the Immigration and Nationality Act (8 U.S.C. 1324a) for 
employing such unauthorized aliens. 
(c) APPLICABILITY OF OTHER LAW.—Nothing in this 
section shall be used to shield an employer from liability 
pursuant to section 274B of the Immigration and Nation-
ality Act (8 U.S.C. 1324b) or any other labor and employ-
ment law provisions. 
SEC. 115. AUTHORIZATION OF FUNDS; FEES. 
(a) AUTHORIZATION OF FUNDS.—
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary of Homeland Security 
such sums as may be necessary to—
(A) commence the processing of applica-
tions filed under this title and title II of this 
Act; 
(B) reimburse or make grants to qualified 
designated entities described in section 113 to 
carry out the functions described in sections 
112 and 113; and 
(C) otherwise carry out this title. 
(2) PERIOD
OF
AUTHORIZATION.—Funds ap-
propriated pursuant to this subsection shall be avail-
able until expended. 
(3) SENSE OF CONGRESS.—It is the sense of 
Congress that funds authorized under paragraph 
(1)(A) should be directly appropriated so as to facili-
tate the orderly and timely commencement of the 
processing of applications filed under this title. 
(b) APPLICATION FEE.—An alien who files an appli-
cation under this title shall pay an application fee, set by 
the Secretary of Homeland Security, at a level equal to 
the full cost of adjudicating such applications. 
(c) ADDITIONAL AMOUNTS OWED.—Prior to the ad-
judication of an application for adjustment of status filed 
under this title, the alien shall pay an amount equaling 
$500, but such amount shall not be required from an alien 
under the age of 21.
(d) USE OF AMOUNTS COLLECTED.—The Secretary 
of Homeland Security shall deposit payments received 
under this section in the Immigration Examinations Fee 
Account, and these payments in such account shall be 
available, without fiscal year limitation, to cover adminis-
trative and other expenses incurred in connection with the 
review of applications filed under this title and in title II 
of this Act. Any remaining funds not used in accordance 
with this subsection shall be used to process other applica-
tions for adjustment of status or naturalization. 
SEC. 116. ALIENS WHO DO NOT SATISFY THE REQUIRE-
MENTS FOR EARNED ADJUSTMENT OF STA-
TUS. 
(a) ELIGIBILITY FOR TRANSITIONAL STATUS.—Any 
alien who is physically present in the United States, 
whether lawfully or unlawfully, on the date of introduction 
of this Act, who on such date was not legally present pur-
suant to any classification set forth in section 101(a)(15) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) (with the exception of subparagraph (V) of 
such section), and who cannot satisfy the requirements of 
subparagraph (2) or (4) of section 101(a) of this Act shall 
be eligible—
(1) to apply for a transitional status without 
having to depart the United States, which shall have
a duration period of not more than 5 years from the 
date of issuance of the transitional status; and 
(2) be granted employment authorization and 
permission to travel abroad for a period of time co-
extensive with the validity period of the transitional 
status. 
(b) SECURITY
AND LAW ENFORCEMENT CLEAR-
ANCE.—Before an alien described in subsection (a) is 
granted employment authorization or permission to travel 
abroad, such alien shall be required to undergo a name 
check against existing databases for information relating 
to criminal, security, and other law enforcement actions. 
The relevant Federal agencies shall work to ensure that 
such name checks are completed as expeditiously as pos-
sible. 
(c) BIOMETRIC
DOCUMENTS.—The Secretary of 
Homeland Security shall issue to each alien described in 
subsection (a) a machine-readable, tamper-resistant docu-
ment that uses biometric identifiers consistent with the re-
quirements of section 303 of the Enhanced Border Secu-
rity Visa Reform Act, Public Law 107–173, and rep-
resents the benefits and status set forth therein. 
(d) ELIGIBILITY FOR ADJUSTMENT OF STATUS.—An 
alien who is granted employment authorization under sub-
section (a) and is lawfully employed in the United States
in the aggregate, for at least 2 years of the 5 years imme-
diately following the date on which this Act was intro-
duced, shall be eligible for adjustment of status to that 
of a lawful permanent resident. For purposes of this sec-
tion, either 1,800 hours or 260 days shall constitute 2 
years of employment. An alien shall not be required to 
complete such employment with the same employer. Sec-
tion 101(a)(4)(C) shall apply to such an alien for purposes 
of satisfying the lawful employment requirement under 
this subsection. 
(e) ADJUSTMENT OF STATUS.—An alien who meets 
the requirements of subsection (d) and applies for adjust-
ment of status to that of a lawful permanent resident shall 
be required to comply with the requirements of paragraphs 
(3), (5), (6), (7), and (8) of section 101(a). In adjudi-
cating such an application, the Secretary of Homeland Se-
curity shall determine the admissibility of the alien in ac-
cordance with section 102. 
(f) SPOUSES AND CHILDREN.—
(1) 
ADJUSTMENT
OF
STATUS.—Notwith-
standing any other provision of law, the Secretary of 
Homeland Security shall, if otherwise eligible under 
section 102, adjust the status to that of a lawful 
permanent resident or provide an immigrant visa 
to—
(A) the spouse or child of an alien who ad-
justs status or is eligible to adjust status to 
that of a lawful permanent resident under sub-
section (a); or 
(B) an alien who was the spouse or child 
of an alien who adjusts status to that of a law-
ful permanent resident under this section, if—
(i) the termination of the qualifying 
relationship was connected to domestic vio-
lence; and 
(ii) the spouse or child has been bat-
tered or subjected to extreme cruelty by 
the spouse or parent who adjusts status to 
that of a lawful permanent resident under 
this section. 
(2) APPLICATION OF OTHER LAW.—In acting 
on applications filed under this section with respect 
to aliens who have been battered or subjected to ex-
treme cruelty, the Secretary of Homeland Security 
shall apply the provisions of section 204(a)(1)(J) of 
the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(J)) and the protections, prohibitions, and 
penalties under section 384 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C.1367).
(g) NONAPPLICABILITY
OF
NUMERICAL
LIMITA-
TIONS.—When an alien is granted adjustment of status 
under this section, the number of immigrant visas author-
ized to be issued under any provision of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) shall not be 
reduced. 
SEC. 117. ELIGIBILITY FOR LEGAL SERVICES. 
Section 504(a)(11) of Public Law 104–134 (110 
Stat. 1321–53 et seq.) shall not be construed to prevent 
a recipient of funds under the Legal Services Corporation 
Act (42 U.S.C. 2996 et seq.) from providing legal assist-
ance directly related to an application for adjustment of 
status under this title. 
SEC. 118. ADJUSTMENT OF STATUS FOR CERTAIN EN-
TRANTS. 
(a) APPLICATION TO CERTAIN CLASS MEMBERS.—
Effective November 6, 1986, subsection (f)(4)(C) of sec-
tion 245A of the Immigration and Nationality Act (8 
U.S.C. 1255a) shall not apply to a class member in North-
west Immigrant Right Project et al v. USCIS et al, No. 
88–379 (W.D. Washington) (formerly Immigrant Assist-
ance Project v. INS). 
(b) WAIVER FOR LEGALIZATION APPLICANTS DE-
NIED BECAUSE OF SECTION 245A(g)(2)(B).—
(1) IN GENERAL.—Section 245A(g)(2)(B)(i) of 
the Immigration and Nationality Act (8 U.S.C. 
1255a(g)(2)(B)(i)) is amended by striking ‘‘and’’ at 
the end and inserting the following: ‘‘except that if 
a waiver of inadmissibility is granted pursuant to 
subsection (d)(2)(B), then the alien shall be deemed 
to have maintained continuous residence in the 
United States, and’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall be effective as if included in 
the enactment of the Immigration Reform and Con-
trol Act of 1986. 
SEC. 119. ISSUANCE OF REGULATIONS. 
Not later than 120 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall issue 
regulations to implement this title. 
TITLE II—FAMILY 
REUNIFICATION 
SEC. 201. TREATMENT OF IMMEDIATE RELATIVES WITH RE-
SPECT TO THE FAMILY IMMIGRATION CAP. 
(a) EXEMPTION OF IMMEDIATE RELATIVES FROM 
FAMILY-SPONSORED
IMMIGRANT
CAP.—Section 
201(c)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1151(c)(1)(A)) is amended by striking clauses (i), 
(ii), and (iii) and inserting the following:
‘‘(i) 480,000, minus; 
‘‘(ii) the number computed under paragraph 
(3); plus 
‘‘(iii) the number (if any) computed under para-
graph (2).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
Section 201(c) of the Immigration and Nationality Act (8 
U.S.C. 1151(c)) is amended—
(1) by striking paragraph (2); and 
(2) by redesignating paragraphs (3), (4), and 
(5) as paragraphs (2), (3), and (4), respectively. 
SEC. 202. RECLASSIFICATION OF SPOUSES AND MINOR 
CHILDREN 
OF 
LEGAL 
PERMANENT 
RESI-
DENTS AS IMMEDIATE RELATIVES. 
(a) 
IMMEDIATE
RELATIVES.—Section 
201(b)(2)(A)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1151(b)(2)(A)(i)) is amended—
(1) in the first sentence, by inserting ‘‘or the 
spouses and children of aliens lawfully admitted for 
permanent residence,’’ after ‘‘United States,’’; 
(2) in the second sentence—
(A) by inserting ‘‘or lawful permanent resi-
dent’’ after ‘‘citizen’’ each place that term ap-
pears; and
(B) by inserting ‘‘or lawful permanent resi-
dent’s’’ after ‘‘citizen’s’’ each place that term 
appears; 
(3) in the third sentence, by inserting ‘‘or the 
lawful permanent resident loses lawful permanent 
resident status’’ after ‘‘United States citizenship’’; 
and 
(4) by adding at the end the following: ‘‘A 
spouse or child, as defined in subparagraph (A), (B), 
(C), (D), or (E) of section 101(b)(1) shall be enti-
tled to the same status, and the same order of con-
sideration provided in the respective subsection, if 
accompanying or following to join the spouse or par-
ent. The same treatment shall apply to parents of 
citizens of the United States being entitled to the 
same status, and the same order of consideration 
provided in the respective subsection, if accom-
panying or following to join their daughter or son.’’. 
(b) ALLOCATION
OF IMMIGRANT VISAS.—Section 
203(a) of the Immigration and Nationality Act (8 U.S.C. 
1153(a)) is amended—
(1) in paragraph (1), by striking ‘‘23,400’’ and 
inserting ‘‘127,200’’; 
(2) by striking paragraph (2) and inserting the 
following:
‘‘(2) 
UNMARRIED
SONS
AND
UNMARRIED 
DAUGHTERS OF PERMANENT RESIDENT ALIENS.—
Qualified immigrants who are the unmarried sons or 
unmarried daughters (but are not the children) of 
an alien lawfully admitted for permanent residence 
shall be allocated visas in a number not to exceed 
80,640, plus any visas not required for the class 
specified in paragraph (1).’’; 
(3) in paragraph (3), by striking ‘‘23,400’’ and 
inserting ‘‘80,640’’; and 
(4) in paragraph (4), by striking ‘‘65,000’’ and 
inserting ‘‘191,520’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) RULES FOR DETERMINING WHETHER CER-
TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 
201(f) of the Immigration and Nationality Act (8 
U.S.C. 1151(f)) is amended—
(A) in paragraph (1), by striking ‘‘para-
graphs (2) and (3),’’ and inserting ‘‘paragraph 
(2),’’; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as 
paragraph (2).
(2) NUMERICAL
LIMITATION
TO
ANY
SINGLE 
FOREIGN STATE.—Section 202 of the Immigration 
and Nationality Act (8 U.S.C. 1152) is amended—
(A) in subsection (a)(4)—
(i) by striking subparagraphs (A) and 
(B); 
(ii) by redesignating subparagraphs 
(C) and (D) as subparagraphs (A) and (B) 
respectively; and 
(iii) in subparagraph (A), as so redes-
ignated, by striking ‘‘section 203(a)(2)(B)’’ 
and inserting ‘‘section 203(a)(2)’’; and 
(B) in subsection (e), in the flush matter 
following paragraph (3), by striking ‘‘, or as 
limiting the number of visas that may be issued 
under section 203(a)(2)(A) pursuant to sub-
section (a)(4)(A)’’. 
(3) ALLOCATION OF IMMIGRATION VISAS.—Sec-
tion 203(h) of the Immigration and Nationality Act 
(8 U.S.C. 1153(h)) is amended—
(A) in paragraph (1)—
(i) in the matter preceding subpara-
graph 
(A), 
by 
striking 
‘‘subsections 
(a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (d)’’;
(ii) in subparagraph (A), by striking 
‘‘becomes available for such alien (or, in 
the case of subsection (d), the date on 
which an immigrant visa number became 
available for the alien’s parent),’’ and in-
serting ‘‘became available for the alien’s 
parent,’’; and 
(iii) in subparagraph (B), by striking 
‘‘applicable’’; 
(B) in paragraph (2), by striking ‘‘The pe-
tition’’ and all that follows through the period 
and inserting ‘‘The petition described in this 
paragraph is a petition filed under section 204 
for classification of the alien’s parent under 
subsection (a), (b), or (c).’’; and 
(C) in paragraph (3), by striking ‘‘sub-
sections (a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (d)’’. 
(4) PROCEDURE
FOR
GRANTING
IMMIGRANT 
STATUS.—Section 204 of the Immigration and Na-
tionality Act (8 U.S.C. 1154) is amended—
(A) in subsection (a)(1)—
(i) in subparagraph (A)—
(I) in clause (iii)—
(aa) by inserting ‘‘or legal 
permanent resident’’ after ‘‘cit-
izen’’ each place that term ap-
pears; and 
(bb) 
in 
subclause 
(II)(aa)(CC)(bbb), by inserting 
‘‘or legal permanent resident’’ 
after ‘‘citizenship’’; 
(II) in clause (iv)—
(aa) by inserting ‘‘or legal 
permanent resident’’ after ‘‘cit-
izen’’ each place that term ap-
pears; and 
(bb) by inserting ‘‘or legal 
permanent resident’’ after ‘‘citi-
zenship’’; 
(III) in clause (v)(I), by inserting 
‘‘or legal permanent resident’’; and 
(IV) in clause (vi)—
(aa) by inserting ‘‘or legal 
permanent resident status’’ after 
‘‘renunciation 
of 
citizenship’’; 
and
(bb) by inserting ‘‘or legal 
permanent resident’’ after ‘‘abus-
er’s citizenship’’; 
(ii) by striking subparagraph (B); 
(iii) by redesignating subparagraphs 
(C) through (J) as subparagraphs (B) 
through (I), respectively; 
(iv) in subparagraph (B), as so redes-
ignated, 
by 
striking 
‘‘subparagraph 
(A)(iii), (A)(iv), (B)(ii), or (B)(iii)’’ and in-
serting ‘‘clause (iii) or (iv) of subpara-
graph (A)’’; and 
(v) in subparagraph (I), as so redesig-
nated—
(I) by striking ‘‘or clause (ii) or 
(iii) of subparagraph (B)’’; and 
(II) by striking ‘‘under subpara-
graphs (C) and (D)’’ and inserting 
‘‘under subparagraphs (B) and (C)’’; 
(B) by striking subsection (a)(2); 
(C) in subsection (h), by striking ‘‘or a pe-
tition filed under subsection (a)(1)(B)(ii)’’; and 
(D) in subsection (j), by striking ‘‘sub-
section (a)(1)(D)’’ and inserting ‘‘subsection 
(a)(1)(C)’’.
SEC. 203. DERIVATIVE ELIGIBILITY FOR RELATIVES OF IM-
MEDIATE RELATIVES. 
Section 201(b)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1151(b)(2)(A)) is amended by adding 
at the end the following: 
‘‘(iii) An alien who is the child of an immediate 
relative described in clause (i), if accompanying or 
following to join the child’s parent.’’. 
SEC. 204. WAIVER OF NUMERICAL LIMITATIONS ON VISAS 
FOR LONG-WAITING FAMILY-SPONSORED IM-
MIGRANTS. 
Notwithstanding numerical limitations under section 
202(a)(2), section 201(b)(1) of the Immigration and Na-
tionality Act is amended by adding at the end the fol-
lowing: 
‘‘(F) Qualified family-sponsored immigrants de-
scribed in section 203(a) who are awaiting the issuance 
of an immigrant visa number under such section, begin-
ning in the fiscal year that commences after the 5th anni-
versary of the date on which the petition for the immigrant 
was filed as provided in section 204, and notwithstanding 
the numerical limitation in section 202(a)(2).’’. 
SEC. 205. RECAPTURE OF UNUSED VISA NUMBERS. 
(a) 
FAMILY-SPONSORED
IMMIGRANTS.—Section 
201(c)(2) of the Immigration and Nationality Act (8
U.S.C. 1151(c)(2)) (as redesignated by section 201 of this 
Act) is amended by adding at the end the following: 
‘‘(D) The number computed under this paragraph for 
a fiscal year shall be increased by the number of immi-
grant visas made available under section 203(a) in the 
previous fiscal year that were not issued to qualified immi-
grants for any reason. Visas made available under this 
subparagraph shall not be subject to the limitations in sec-
tion 202(a).’’. 
(b) 
EMPLOYMENT-BASED
IMMIGRANTS.—Section 
201(d)(2) of the Immigration and Nationality Act (8 
U.S.C. 1151(d)(2))is amended by adding at the end the 
following: 
‘‘(D) The number computed under this paragraph for 
a fiscal year shall be increased by the number of immi-
grant visas made available under section 203(b) in the 
previous fiscal year that were not issued to qualified immi-
grants for any reason. Visas made available under this 
subparagraph shall not be subject to the limitations in sec-
tion 202(a).’’. 
(c) ELIGIBILITY
FOR DIVERSITY VISAS.—Section 
204(a)(1)(I)(ii)(II) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)) is amended by strik-
ing the period at the end and inserting the following: ‘‘, 
except that any such visa that may not be issued due to
the pendency of a security, or security-related, check at 
the end of such fiscal year shall remain available for 
issuance to the alien in subsequent fiscal years until a rea-
sonable period, determined by the Secretary of Homeland 
Security, after the completion of such check.’’. 
(d) ENSURING SECURITY CLEARANCES DO
NOT 
CAUSE VISA LOSS.—Section 203(e) of the Immigration 
and Nationality Act (8 U.S.C. 1153(e) is amended by add-
ing at the end the following: 
‘‘(4) Notwithstanding any other provision of this Act, 
a delay in the completion of a security, or security-related, 
check shall not result in the forfeiture of an immigrant 
visa that otherwise would be made available, or issued, to 
an eligible immigrant under this section.’’. 
SEC. 206. REFORM OF AFFIDAVIT OF SUPPORT REQUIRE-
MENTS. 
Section 213A of the Immigration and Nationality Act 
(8 U.S.C. 1183a) is amended, in each of subsections 
(a)(1)(A) and (f)(1)(E), by striking ‘‘125’’ and inserting 
‘‘100’’. 
SEC. 207. INCREASE AGE FOR DERIVATIVE CITIZENSHIP. 
(a) IN GENERAL.—Title III of the Immigration and 
Nationality Act (8 U.S.C. 1401 et seq.) is amended, in 
each of sections 320 and 322, by striking ‘‘eighteen’’ and 
inserting ‘‘21’’.
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if enacted on February 
27, 2001. 
SEC. 208. REPEAL BARRIERS TO REENTRY. 
(a) IN GENERAL.—Subparagraphs (B) and (C) of 
section 212(a)(9) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(9)) are repealed. 
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect as if enacted as part of section 301(b) the Illegal Im-
migration Reform and Immigrant Responsibility Act of 
1996 (110 Stat. 3009–575 et seq.). 
SEC. 209. BIOMETRIC DOCUMENTS. 
Each alien who is issued a visa or otherwise provided 
immigrant status under this title shall be issued a ma-
chine-readable, tamper-resistant visa or document that 
uses biometric identifiers consistent with the requirements 
of section 303 of the Enhanced Border Security and Visa 
Reform Act, Public Law 107–173. 
SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
for English and civics classes as may be necessary to carry 
out this title.
TITLE III—TEMPORARY WORKER 
PROGRAM 
SEC. 301. TEMPORARY WORKERS. 
(a) H–2b WORKERS.—Section 101(a)(15)(H)(ii)(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(b)) is amended—
(1) by inserting ‘‘subject to section 212(u),’’ be-
fore ‘‘having a residence in a foreign country’’; and 
(2) by striking ‘‘temporary service or labor’’ 
and inserting ‘‘short-term service or labor, lasting 
not more than 9 months’’. 
(b) H–1d WORKERS.—Section 101(a)(15)(H)(i)(c) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(i)(c)) is amended by striking the semi-
colon and inserting the following: ‘‘, or (d) subject to sec-
tion 212(u), who is coming temporarily to the United 
States to perform labor or services, other than those occu-
pation classifications covered under the provisions of 
clauses (i)(b) or (ii)(a) or subparagraphs (L), (O), or (P), 
for a United States employer, if United States workers 
capable of performing such labor or service cannot be iden-
tified or are unavailable.’’.
SEC. 302. RECRUITMENT OF UNITED STATES WORKERS. 
Section 212 of the Immigration and Nationality Act 
(8 U.S.C. 1182) is amended by adding at the end the fol-
lowing: 
‘‘(u)(1) An employer that seeks to employ an alien 
described 
in 
clause 
(i)(d) 
or 
(ii)(b) 
of 
section 
101(a)(15)(H) shall take the following steps to recruit 
United States workers for the position for which the non-
immigrant worker is sought 14 days prior to filing an ap-
plication under paragraph (3) (with respect to an alien 
described in such clause (ii)(b)) or 30 days prior to filing 
an application under such paragraph (with respect to an 
alien described in such clause (i)(d)): 
‘‘(A) Submit a copy of the job offer, including 
a description of the wages and other terms and con-
ditions of employment, to the State Employment 
Service Agency (SESA) which—
‘‘(i) serves the area of employment in the 
State in which the employer is located; and 
‘‘(ii) shall provide the employers with an 
acknowledgement of receipt of the documenta-
tion provided to the SESA in accordance with 
this subparagraph. 
‘‘(B) Authorize the SESA to post the job op-
portunity on the Internet through the web site for 
‘America’s Job Bank’, with local job banks, and with
unemployment agencies and other labor referral and 
recruitment sources pertinent to the job in question. 
‘‘(C) Authorize the SESA to notify the central 
office of the State Federation of Labor in the State 
in which the job is located, and if applicable, the of-
fice of the local union which represents the employ-
ees in the same or substantially equivalent job classi-
fication of the job opportunity. 
‘‘(D) Post the availability of the job opportunity 
for which the employer is seeking a worker in con-
spicuous locations at the place of employment for all 
employees to see. 
‘‘(E) Advertise the availability of the job oppor-
tunity for which the employer is seeking a worker in 
a publication with the highest circulation in the 
labor market that is likely to be patronized by a po-
tential worker for at least 3 consecutive days (with 
respect to an alien described in such clause (ii)(b)) 
or for at least 10 consecutive days (with respect to 
an alien described in such clause (i)(d)). 
‘‘(F) Based on recommendations by the local 
job service, advertise the availability of the job op-
portunity in professional, trade, or local minority 
and ethnic publications that are likely to be patron-
ized by a potential worker.
‘‘(2) An employer that seeks to employ an alien de-
scribed in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) 
shall—
‘‘(A) first offer the job to any eligible United 
States worker who applies, is qualified for the job, 
and is available at the time of need; 
‘‘(B) be required to maintain for at least 1 year 
after the employment relation is terminated, docu-
mentation of recruitment efforts and responses con-
ducted and received prior to the filing of the employ-
er’s application with the Department of Labor, in-
cluding resumes, applications, and if applicable, tests 
of United States workers who applied and were not 
hired for the job the employer seeks to fill with a 
nonimmigrant worker; and 
‘‘(C) attest that there are not sufficient United 
States workers who are able, willing, qualified, and 
available at the time of the filing of the applica-
tion.’’. 
SEC. 303. ADMISSION OF TEMPORARY WORKERS. 
(a) APPLICATION TO THE SECRETARY OF LABOR.—
Section 212(u) of the Immigration and Nationality Act (8 
U.S.C. 1182(u)), as added by section 302, is amended by 
adding after paragraph (2) the following:
‘‘(3) An employer that seeks to fill a position with 
an alien described in clause (i)(d) or (ii)(b) of section 
101(a)(15)(H), shall file with the Secretary of Labor an 
application attesting that—
‘‘(A) the employer is offering and will offer dur-
ing the period of authorized employment to aliens 
admitted or provided status as a nonimmigrant de-
scribed in clause (i)(d) or (ii)(b) of section 
101(a)(15)(H), the prevailing wage that shall be de-
termined as follows: 
‘‘(i) if the job opportunity is covered by a 
collective bargaining agreement between a union 
and the employer, the wage rate set forth in the 
collective bargaining agreement; 
‘‘(ii) if the job opportunity is not covered 
by a collective bargaining agreement between a 
union and the employer and it is in an occupa-
tion that is covered by a wage determination 
under the Davis-Bacon Act (40 U.S.C. 276a et 
seq.) or the Service Contract Act of 1965 (41 
U.S.C. 351 et seq.), the appropriate statutory 
wage determination; or 
‘‘(iii) if clauses (i) and (ii) do not apply, 
the highest 66 percent of the wage data pro-
vided by the Department of Labor’s Bureau of
Labor Statistics, Occupational Employment 
Survey; 
based on the best information available at the time 
of the filing of the application; 
‘‘(B) the employer will offer the same wages, 
benefits, and working conditions for such non-
immigrants as those provided to United States work-
ers similarly employed in the same occupation and 
the same place of employment (defined as the actual 
place where the work is performed); 
‘‘(C) there is not a strike, lockout, or labor dis-
pute in the occupational classification at the place of 
employment (including any concerted activity to 
which section 7 of the Labor Management Relations 
Act (29 U.S.C. 157) applies); 
‘‘(D) the employer will abide by all applicable 
laws and regulations relating to the right of workers 
to join or organize a union; 
‘‘(E) the employer has provided notice of the 
filing of the application to the bargaining represent-
ative, if any, of the employer’s employees in the oc-
cupational classification at the place of employment 
or, if there is no such bargaining representative, has 
posted notice of the filing in conspicuous locations at 
the place of employment for all employees to see for
not less than 14 business days for an alien described 
in clause (ii)(b) of section 101(a)(15)(H) and for not 
less than 30 business days for an alien described in 
clause (i)(d) of such section; 
‘‘(F) the requirements for the job opportunity 
represent the employer’s actual minimum require-
ments for that job and the employer will not hire 
nonimmigrant workers with less training or experi-
ence; 
‘‘(G) the employer, within the 60 days prior to 
the filing of the application and the 60 days fol-
lowing the filing, has not laid-off, and will not lay-
off, any United States worker employed by the em-
ployer in the same position at the place of employ-
ment; 
‘‘(H) the employer, prior to the filing of the ap-
plication, has complied with the recruitment require-
ments in accordance with paragraph (1); and 
‘‘(I) no job offer may impose on United States 
workers any restrictions or obligations that will not 
be imposed by an employer on a nonimmigrant 
worker described in clause (i)(d) or (ii)(b) of section 
101(a)(15)(H).’’. 
(b) ACCOMPANIED BY JOB OFFER.—Section 212(u) 
of the Immigration and Nationality Act (8 U.S.C.
1182(u)), as amended by subsection (a), is further amend-
ed by adding after paragraph (3) the following: 
‘‘(4) Each application filed under paragraph (3) shall 
be accompanied by—
‘‘(A) a copy of the job offer describing the 
wages and other terms and conditions of employ-
ment; 
‘‘(B) a statement of the minimum education, 
training, experience, and requirements for the job 
opportunity in question; 
‘‘(C) copies of the documentation submitted to 
the State Employment Service Agency to recruit 
United States workers in accordance with paragraph 
(1); 
‘‘(D) copies of the advertisements to recruit 
United States workers placed in publications in ac-
cordance with paragraph (1); and 
‘‘(E) a copy of the acknowledgement of receipt 
provided to the employer by the State Employment 
Service Agency in accordance with paragraph 
(1)(A)(ii).’’. 
(c) INCOMPLETE APPLICATIONS; RETENTION OF AP-
PLICATION; FILING OF PETITION.—Section 212(u) of the 
Immigration and Nationality Act (8 U.S.C. 1182(u)), as
amended by subsection (b), is further amended by adding 
after paragraph (4) the following: 
‘‘(5) The Secretary of Labor shall review the applica-
tion and requisite documents filed in accordance with 
paragraphs (3) and (4) for completeness and accuracy and 
if deficiencies are found, the Secretary of Labor shall no-
tify the employer and provide the employer with an oppor-
tunity to address such deficiencies. 
‘‘(6) A copy of the application and requisite docu-
ments filed with the Secretary of Labor in accordance with 
paragraphs (3) and (4) shall be retained by the employer 
in a public access file at the employer’s headquarters or 
principal place of employment of the alien for the duration 
of the employment relationship and for 1 year after the 
termination of that employment relationship. 
‘‘(7) Upon approval of an application by the Sec-
retary of Labor, an employer who seeks to employ an alien 
described 
in 
clause 
(i)(d) 
or 
(ii)(b) 
of 
section 
101(a)(15)(H) shall file a petition as required under sec-
tion 214(c)(1) with the Bureau of Citizenship and Immi-
gration Services within the Department of Homeland Se-
curity.’’. 
(d) BIOMETRIC DOCUMENTS.—Each alien who is 
issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(H)(i)(d) or (ii)(b) of the Immi-