to be patronized by a potential worker for at least 
5 consecutive days. 
‘‘(B) Undertake efforts to advertise the avail-
ability of the job opportunity for which the employer 
is seeking a worker through advertisements in public 
transportation systems. 
‘‘(C) To the extent permitted by local laws and 
regulations, engage in recruitment activities in sec-
ondary schools, recreation centers, community cen-
ters, and other places throughout the communities 
within 50 miles of the job site that serve minorities. 
‘‘(2)(A) The Secretary of Homeland Security shall 
impose a 10 percent surcharge on all fees collected for pe-
titions to accord employment status and shall use these 
funds to establish an employment training program which 
will include unemployed workers in the United States who 
need to be trained or retrained. The purpose of this pro-
gram shall be to increase the number of lawful permanent 
residents and citizens of the United States who are avail-
able for employment in the occupations that are the sub-
jects of such petitions. At least 50 percent of the funds 
generated by this provision must be used to train Amer-
ican workers in rural and inner city areas. 
‘‘(B) The Secretary of Homeland Security shall re-
serve and make available to the Secretary of Labor a por-
tion of the funds collected under this paragraph. Such 
funds shall be used by the Secretary of Labor to establish 
an ‘Office to Preserve American Jobs’ within the Depart-
ment of Labor. The purpose of this office shall be to estab-
lish policies intended to ensure that employers in the 
United States will hire available workers in the United 
States before resorting to foreign labor, giving substantial 
emphasis to hiring minority workers in the United 
States.’’. 
TITLE IV—DIVERSITY VISAS 
SEC. 401. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY 
IMMIGRANTS. 
Section 201(e) of the Immigration and Nationality 
Act (8 U.S.C. 1151(e)) is amended by striking ‘‘55,000’’ 
and inserting ‘‘110,000’’. 
SEC. 402. PERIOD DESIGNATED FOR APPLICATION. 
Section 203(e)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1153(e)(1)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; and 
(2) by adding at the end the following: ‘‘The 
Secretary shall provide for a filing system that will 
permit unlimited filing throughout the entire period 
designated for the filing of petitions. If an electronic
filing system is chosen, the Secretary shall ensure 
that the computer equipment and software used to 
accept the filed petitions will have the capacity to ac-
cept every application that is submitted during the 
period designated for filing the petitions. In the 
event that petitions submitted during the designated 
period are rejected, the designated period will be ex-
tended for an additional 10-day period.’’ 
TITLE V—HAITIAN PARITY 
SEC. 501. ADJUSTMENT OF STATUS FOR HAITIANS. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.), as 
amended by section 202, is further amended by inserting 
after section 245C the following: 
‘‘ADJUSTMENT OF STATUS OF CERTAIN HAITIAN 
NATIONALS 
‘‘SEC. 245D. Notwithstanding the provisions of sec-
tion 245(c), the status of any alien who is a national or 
citizen of Haiti, and who has been physically present in 
the United States for at least one year, may be adjusted 
by the Secretary of Homeland Security, in the Secretary’s 
discretion and under such regulations as the Secretary 
may prescribe, to that of an alien lawfully admitted for 
permanent residence, if the alien makes an application for 
such adjustment and the alien is eligible to receive an im-
migrant visa and is admissible to the United States for
permanent residence. Upon approval of such an applica-
tion for adjustment of status, the Secretary shall create 
a record of the alien’s admission for permanent residence 
as of a date 30 months prior to the filing of such an appli-
cation or the date of the alien’s last arrival into the United 
States, whichever date is later. The provisions of this Act 
shall be applicable to the spouse and child of any alien 
described in this section, regardless of their citizenship 
and place of birth, if the spouse or child is residing with 
such alien in the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act, as amended by 
section 202, is further amended by inserting after the item 
relating to section 245C the following: 
‘‘245D. Adjustment of status of certain Haitian nationals.’’. 
(c) SUNSET.—The amendments made by this section 
shall cease to be effective on the date that is 3 years after 
the date of the enactment of this Act. 
SEC. 502. LIMITATION OF ATTORNEY GENERAL’S BOND DIS-
CRETION. 
Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226) is amended by adding at the end the fol-
lowing: 
‘‘(f) EXERCISE OF AUTHORITY FOR ARREST, DETEN-
TION, AND RELEASE.—The Secretary of Homeland Secu-
rity shall exercise the discretion afforded under subsection
(a) on a case-by-case basis. If bond is to be denied on 
the ground that the alien’s release would give rise to ad-
verse consequences for national security or national immi-
gration policy, the finding of such adverse consequences 
shall be based on circumstances pertaining to the indi-
vidual alien whose release is being considered.’’. 
SEC. 503. ELIMINATION OF MANDATORY DETENTION IN EX-
PEDITED REMOVAL PROCEEDINGS. 
Section 235(b)(1)(B)(iii)(IV) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is 
amended to read as follows: 
‘‘(IV) DETENTION.—Aliens sub-
ject to the procedures under this 
clause shall be detained in accordance 
with section 236.’’. 
SEC. 504. AMENDMENTS TO HAITIAN AND IMMIGRANT 
FAIRNESS ACT OF 1998. 
(a) GROUND FOR INADMISSIBILITY FOR DOCUMENT 
FRAUD DOES NOT APPLY.—The Haitian Refugee Immi-
gration Fairness Act of 1998 (8 U.S.C. 1255 note) is 
amended in subsections (a)(1)(B) and (d)(1)(D) of section 
902 by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 
(b) DETERMINATIONS WITH RESPECT
TO CHIL-
DREN.—Section 902(d) of such Act is amended by adding 
at the end the following: