‘‘(7) UPDATING INFORMATION.—The Commis-
sioner of Social Security and the Secretary of Home-
land Security shall update their information in a 
manner that promotes the maximum accuracy and 
shall provide a process for the prompt correction of 
erroneous information, including instances in which 
it is brought to their attention in the secondary 
verification process described in paragraph (3). 
‘‘(8) LIMITATION
ON
USE.—Notwithstanding 
any other provision of law, nothing in this subsection 
shall be construed to permit or allow any depart-
ment, bureau, or other agency of the United States 
Government to utilize any information, data base, or 
other records assembled under this subsection for 
any other purpose other than as provided for under 
this section or section 251. 
‘‘(k) ENFORCEMENT OF EMPLOYER OBLIGATIONS.—
‘‘(1) IN GENERAL.—
‘‘(A) SECRETARY
OF
HOMELAND
SECU-
RITY.—Except as provided in paragraphs (2) 
and (3), if the Secretary of Homeland Security 
finds, after notice and opportunity for a hear-
ing, a failure to meet a condition of subsection 
(a)(2), the Secretary may impose a civil money 
penalty in an amount not to exceed $10,000 for
each nonimmigrant with respect to whom such 
a failure occurs. 
‘‘(B) SECRETARY OF LABOR.—Except as 
provided in paragraphs (2) and (3), the Sec-
retary of Labor exclusively may exercise any en-
forcement authority granted in the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.) 
to address a failure to meet a condition of sub-
section (a)(2). 
‘‘(2) PROHIBITION ON FEE REIMBURSEMENT.—
An employer who has filed a petition under section 
214(c) to grant an alien nonimmigrant status de-
scribed in section 101(a)(15)(H)(iv)(a) may not re-
quire the alien to reimburse, or otherwise com-
pensate, the employer for part or all of the cost of 
the fee imposed under subsection (a)(1). It is a vio-
lation of this paragraph for such an employer other-
wise to accept any reimbursement or compensation 
from such an alien as a condition on employment. If 
the Secretary of Homeland Security finds, after no-
tice and opportunity for a hearing, a violation of this 
paragraph, the Secretary may impose a civil money 
penalty in an amount not to exceed $10,000 for each 
such violation.
‘‘(3) REQUIRED USE OF EMPLOYMENT ELIGI-
BILITY CONFIRMATION SYSTEM.—If the Secretary of 
Labor finds, after notice and opportunity for a hear-
ing, a failure to use the employment eligibility con-
firmation system established under subsection (j) to 
verify a nonimmigrant’s identity and employment 
authorization before the commencement of employ-
ment, 
or 
any 
other 
violation 
of 
subsection 
(a)(2)(B)(i), the Secretary may impose a civil money 
penalty in an amount not to exceed $5,000 for each 
nonimmigrant with respect to whom such a violation 
occurs. 
‘‘(4) WAGE
PROTECTIONS.—For purposes of 
subsection (a)(2)(B)(ii), all provisions of Federal, 
State, and local law pertaining to payment of wages 
shall apply to nonimmigrants described in section 
101(a)(15)(H)(iv)(a) in the same manner as they 
apply to other employees similarly employed in the 
same occupation at the place of employment. 
‘‘(l) LABOR RECRUITERS.—The Secretary of Labor 
shall develop rules regulating the conduct of labor recruit-
ers under this section.’’. 
(b) EXEMPTION FROM NUMERICAL LIMITATIONS ON 
ADJUSTMENT OF STATUS.—Section 201(b)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1151(b)(1)) is 
amended by adding at the end the following: 
‘‘(F) 
Nonimmigrants 
described 
in 
section 
101(a)(15)(H)(iv)(a) whose status is adjusted to 
permanent resident under section 245(a).’’. 
(c) CONFORMING AMENDMENT REGARDING PRE-
SUMPTION OF NONIMMIGRANT STATUS.—Section 214(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1184(b)) is amended by striking ‘‘(other than a non-
immigrant described in subparagraph (H)(i), (L), or (V) 
of section 101(a)(15))’’ and inserting ‘‘(other than a non-
immigrant described in subparagraph (L) or (V) of section 
101(a)(15), and other than a nonimmigrant described in 
clause (i) or (vi)(a) of section 101(a)(15)(H))’’. 
(d) ASSISTANCE TO FOREIGN GOVERNMENTS.—The 
Secretary of Labor and the Secretary of State shall con-
sult with and advise foreign governments in the use and 
construction of facilities to assist their nationals in obtain-
ing 
nonimmigrant 
status 
under 
section 
101(a)(15)(H)(iv)(a) of the Immigration and Nationality 
Act, as added by section 2. 
(e) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended by inserting after the item relating 
to section 218 the following:
‘‘Sec. 218A. Admission of temporary H–4A workers.’’.
SEC. 4. ADJUSTMENT OF STATUS TO THAT OF H–4b NON-
IMMIGRANT. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 250 the following: 
‘‘ADJUSTMENT OF STATUS TO THAT OF H–4B 
NONIMMIGRANTS 
‘‘SEC. 251. (a) IN GENERAL.—The Secretary of 
Homeland Security may adjust the status of an alien to 
that 
of 
a 
nonimmigrant 
under 
section 
101(a)(15)(H)(iv)(b) if the alien meets the following re-
quirements: 
‘‘(1) UNLAWFUL RESIDENCE SINCE 2003.—
‘‘(A) IN GENERAL.—The alien must estab-
lish that the alien entered the United States be-
fore August 1, 2003, and has resided in the 
United States in an unlawful status since such 
date and through the date the application is 
filed under this subsection. 
‘‘(B) NONIMMIGRANTS.—In the case of an 
alien who entered the United States as a non-
immigrant before August 1, 2003, the alien 
must establish that the alien’s period of author-
ized stay as a nonimmigrant expired before 
such date through the passage of time or the
alien’s unlawful status was known to the Fed-
eral Government as of such date. 
‘‘(C) EXCHANGE
VISITORS.—If the alien 
was at any time a nonimmigrant exchange alien 
(as defined in section 101(a)(15)(J)), the alien 
must establish that the alien was not subject to 
the two-year foreign residence requirement of 
section 212(e) or has fulfilled that requirement 
or received a waiver thereof. 
‘‘(2) ADMISSIBLE
AS
IMMIGRANT.—The alien 
must establish that the alien—
‘‘(A) is not inadmissible to the United 
States under paragraph (2), (3), or (4) of sec-
tion 212(a); 
‘‘(B) has not been convicted of any felony 
or misdemeanor committed in the United 
States, excluding crimes related to unlawful 
entry or presence in the United States and 
crimes related to document fraud undertaken 
for the purpose of satisfying a requirement of 
this Act or obtaining a benefit under this Act; 
and 
‘‘(C) has not assisted in the persecution of 
any person or persons on account of race, reli-