I 
116TH CONGRESS 
1ST SESSION H. R. 5174 
To amend the Immigration and Nationality Act to provide for a State- 
sponsored nonimmigrant pilot program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2019 
Mr. CURTIS introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committees on Education and 
Labor, Ways and Means, Agriculture, Financial Services, and Energy and 
Commerce, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to provide 
for a State-sponsored nonimmigrant pilot program, and 
for other purposes. 
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 ‘‘State Sponsored Visa 
Pilot Program Act of 2019’’. 
SEC. 2. STATE-SPONSORED NONIMMIGRANT PROGRAM. 
Section 101(a)(15) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)) is amended— 
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(1) in subparagraph (U)(iii), by striking the 
‘‘or’’ at the end; 
(2) in subparagraph (V), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(W)(i) an alien who is sponsored by a 
State and who is coming temporarily to the 
United States to reside in the State to perform 
services, provide capital investment, direct the 
operations of an enterprise, or otherwise con-
tribute to the economic development agenda of 
the State in a manner determined by the State; 
and 
‘‘(ii) the alien spouse and minor children of 
any alien described in clause (i).’’. 
SEC. 
3. 
ADMISSION 
OF 
STATE-SPONSORED 
NON-
IMMIGRANTS. 
(a) REQUIREMENTS FOR STATE-SPONSORED NON-
IMMIGRANTS.—Section 214 of the Immigration and Na-
tionality Act (8 U.S.C. 1184) is amended— 
(1) in subsection (h), by striking ‘‘(H)(i)(b) or 
(c), (L), or (V)’’ and inserting ‘‘(H)(i)(b), (H)(i)(c), 
(L), (V), or (W)’’; and 
(2) by adding at the end the following: 
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‘‘(s) REQUIREMENTS APPLICABLE TO STATE-SPON-
SORED NONIMMIGRANT VISAS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) RESIDE.—The term ‘reside’ means to 
live and establish a residence in a State for a 
consecutive period of more than 14 days (not 
including any period after the approval of the 
resident’s petition for immigrant status). 
‘‘(B) SECRETARY.—Except as otherwise 
specifically provided in this subsection, the term 
‘Secretary’ means the Secretary of Homeland 
Security. 
‘‘(C) 
STATE.—Notwithstanding 
section 
101(a)(36), the term ‘State’ means a State of 
the United States and the District of Columbia. 
‘‘(D) 
STATE-SPONSORED
NON-
IMMIGRANT.—The term ‘State-sponsored non-
immigrant’ means an alien who has been spon-
sored by a State for admission under section 
101(a)(15)(W). 
‘‘(E) STATE-SPONSORED
NONIMMIGRANT 
PROGRAM.—The term ‘State-sponsored non-
immigrant program’ means a nonimmigrant 
program to regulate the employment, invest-
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ment, and residence of State-sponsored non-
immigrants. 
‘‘(F) STATE-SPONSORED
NONIMMIGRANT 
STATUS.—The 
term 
‘State-sponsored 
non-
immigrant status’ means status granted to an 
alien admitted as a nonimmigrant pursuant to 
section 101(a)(15)(W). 
‘‘(2) STATE-SPONSORED
NONIMMIGRANT
PRO-
GRAM.—Any State may submit an application to the 
Secretary to participate in the State-sponsored non-
immigrant program by sponsoring aliens for admis-
sion to the United States. 
‘‘(3) STATE-SPONSORED
NONIMMIGRANT
PRO-
GRAM APPROVAL.—The Secretary shall approve any 
application submitted by a State (or compact of 
States) under paragraph (2) for a State-sponsored 
nonimmigrant program that— 
‘‘(A) was approved by the legislature of the 
State; 
‘‘(B) regulates, in a manner determined by 
the State, the employment and residence of 
State-sponsored nonimmigrants; 
‘‘(C) implements procedures, in a manner 
determined by the Secretary, to inform the Sec-
retary of the failure of a nonimmigrant to com-
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ply with the terms of State-sponsored non-
immigrant status when the State is made aware 
of such failure; 
‘‘(D) allows, in a manner determined by 
the State, a State-sponsored nonimmigrant who 
has been admitted to seek employment with an 
employer other than the employer with which 
the nonimmigrant was initially employed; and 
‘‘(E) implements procedures, in a manner 
determined by the Secretary, to annually inform 
the Secretary of the address and employment of 
all State-sponsored nonimmigrants residing in 
the State. 
‘‘(4) STATE PETITION.— 
‘‘(A) IN GENERAL.—A State that partici-
pates in the State-sponsored nonimmigrant pro-
gram shall submit a petition in such form and 
containing such information as the Secretary 
shall specify to sponsor an alien under this sub-
section. 
‘‘(B) APPROVAL.—A visa may not be 
granted to an alien described in subparagraph 
(A) until the Secretary approves a petition sub-
mitted pursuant to subparagraph (A). Such ap-
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proval does not, of itself, establish that the 
alien is a nonimmigrant. 
‘‘(C) FEE.—A State that submits a peti-
tion under subparagraph (A) shall pay a fee in 
amount determined by the Secretary to cover 
the cost of the adjudication of the application. 
‘‘(5) 
STATE-SPONSORED
NONIMMIGRANTS.— 
The Secretary of State shall approve a non-
immigrant visa for an alien and the Secretary of 
Homeland Security shall admit the alien to the 
United States as a State-sponsored nonimmigrant or 
grant State-sponsored nonimmigrant status to the 
alien if the alien— 
‘‘(A) is otherwise admissible under this 
Act; 
‘‘(B) has not been convicted of a felony, 
any crime of violence (as defined in section 16 
of title 18, United States Code), or any crime 
of reckless driving or of driving while intoxi-
cated or under the influence of alcohol or of 
prohibited substances; 
‘‘(C) is petitioned for by a State that par-
ticipates in the State-sponsored nonimmigrant 
program approved by the Secretary under para-
graph (3); 
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‘‘(D) has not previously violated any term 
or condition of State-sponsored nonimmigrant 
status; and 
‘‘(E) has paid any bond that the State may 
require under paragraph (13). 
‘‘(6) PERIOD OF AUTHORIZED STATUS.— 
‘‘(A) IN GENERAL.—The period of author-
ized status for a State-sponsored nonimmigrant 
shall be a period determined by the State, but 
may not exceed 3 years. 
‘‘(B) RENEWAL.— 
‘‘(i) LOCATION.—Subject to clause 
(ii), the period of authorized status under 
subparagraph (A) shall be renewable inside 
or outside of the United States. 
‘‘(ii) CONDITION.—Renewals under 
clause (i) may be granted only if— 
‘‘(I) the sponsoring State re-
quests such renewal; and 
‘‘(II) the State-sponsored non-
immigrant has resided continuously in 
such sponsoring State, or States sub-
ject to an interstate compact (not in-
cluding any period of residence after 
the approval of a petition for immi-
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grant status of which the alien is a 
beneficiary). 
‘‘(C) TERMINATION.—The Secretary shall 
terminate the period of authorized status if— 
‘‘(i) 
the 
State-sponsored 
non-
immigrant resides or works outside of the 
State, or States subject to an interstate 
compact under paragraph (7), that spon-
sored the alien; 
‘‘(ii) 
the 
State-sponsored 
non-
immigrant fails to follow all rules and reg-
ulations required by the State, as deter-
mined by the State (following any appeals 
process the State may create); or 
‘‘(iii) the State that sponsored the 
nonimmigrant requests that the status of 
the nonimmigrant be terminated (following 
any appeals process the State may create) 
unless another State sponsors the non-
immigrant. 
‘‘(D) EMPLOYMENT AUTHORIZATION.— 
‘‘(i) IN GENERAL.—All aliens admit-
ted as State-sponsored nonimmigrants 
under section 101(a)(15)(W)— 
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‘‘(I) shall be authorized for em-
ployment for purposes of section 
274A; and 
‘‘(II) shall be issued appropriate 
documentation evidencing such au-
thorization. 
‘‘(ii) STATE
REGULATION.—Notwith-
standing clause (i), the employment of 
State-sponsored nonimmigrants may be 
regulated in a manner determined by each 
State that participates in the State-spon-
sored nonimmigrant program. 
‘‘(7) STATE COMPACTS.— 
‘‘(A) IN GENERAL.—States may enter into 
interstate compacts for the joint implementa-
tion or administration of the State-sponsored 
nonimmigrant program in such States. 
‘‘(B) CONSIDERATION.—A State-sponsored 
nonimmigrant shall be considered to be spon-
sored by a State if the State-sponsored non-
immigrant is sponsored by any State subject to 
an interstate compact under subparagraph (A) 
and resides in any such State. 
‘‘(8) APPEALS.— 
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‘‘(A) FEDERAL APPEALS.—The denial of 
an application by a State to be a State-spon-
sored nonimmigrant or the request to terminate 
the period of authorized status by a State— 
‘‘(i) is not reviewable by any Federal 
department, agency, or court; and 
‘‘(ii) may not be grounds for an ap-
peal of a termination of a visa or status 
for a State-sponsored nonimmigrant. 
‘‘(B) STATE APPEALS.—At the sole discre-
tion of the State and in a manner determined 
by the State, a State that participates in the 
State-sponsored nonimmigrant program may 
create a process for a State-sponsored non-
immigrant or an alien that has applied for par-
ticipation in the State-sponsored nonimmigrant 
program in the State to appeal an adjudication 
of an application by the State or determination 
by the State that the State-sponsored non-
immigrant violated the terms or conditions that 
were created by the State for the participation 
of the alien in the State-sponsored non-
immigrant program in the State. 
‘‘(9) WAIVER OF RIGHTS PROHIBITED.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (C), a State-sponsored non-
immigrant may not be required to waive any 
substantive rights or protections under this Act. 
‘‘(B) CONSTRUCTION.—Nothing under this 
paragraph may be construed to affect the inter-
pretation of any other law. 
‘‘(C) EXCEPTION.—Notwithstanding sub-
paragraph (A) or any other provision of law, an 
alien may not be provided State-sponsored non-
immigrant status unless the alien has waived 
any right— 
‘‘(i) to review or appeal under this Act 
of an immigration officer’s determination 
as to the admissibility of the alien at the 
port of entry into the United States; or 
‘‘(ii) to contest or appeal, other than 
on the basis of an application for asylum, 
any action for removal of the alien. 
‘‘(10) TAX
RESPONSIBILITIES.—An employer 
shall comply with all applicable Federal, State, and 
local tax laws with respect to each State-sponsored 
nonimmigrant employed by the employer. 
‘‘(11) LABOR AND TAX LAWS.—State-sponsored 
nonimmigrants shall be subject to all Federal, State, 
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and local laws regarding taxation, employment, or 
hiring of persons in the State. 
‘‘(12) FEDERAL PUBLIC BENEFITS.— 
‘‘(A) IN GENERAL.—State-sponsored non-
immigrants— 
‘‘(i) are not entitled to the premium 
assistance tax credit authorized under sec-
tion 36B of the Internal Revenue Code of 
1986; 
‘‘(ii) shall be subject to the rules ap-
plicable to individuals who are not lawfully 
present set forth in subsection (e) of such 
section; and 
‘‘(iii)(I) shall not be allowed any cred-
it under section 24 or 32 of the Internal 
Revenue Code of 1986; and 
‘‘(II) in the case of a joint return, no 
credit shall be allowed under either such 
section if both spouses are State-sponsored 
nonimmigrants. 
‘‘(B) EMPLOYER
FEE.—For purposes of 
subsections (a)(2) and (b)(1)(B) of 4980H of 
the Internal Revenue Code of 1986, a State- 
sponsored nonimmigrant shall be treated as a 
full-time employee certified as having enrolled 
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in a qualified health plan with respect to which 
an applicable premium tax credit or cost-shar-
ing reduction is allowed or paid with respect to 
the employee. 
‘‘(C) OTHER BENEFITS.—Notwithstanding 
any other provision of law, a State-sponsored 
nonimmigrant shall not be eligible for— 
‘‘(i) any assistance or benefits pro-
vided under a State program funded under 
the temporary assistance for needy families 
program under part A of title IV of the 
Social Security Act (42 U.S.C. 601 et 
seq.); 
‘‘(ii) any medical assistance provided 
under a State Medicaid plan under title 
XIX of the Social Security Act (42 U.S.C. 
1396 et seq.) or under a waiver of such 
plan, other than emergency medical assist-
ance provided under paragraphs (2) and 
(3) of section 1903(v), and any child 
health assistance provided under a State 
child health plan under title XXI of the 
Social Security Act (42 U.S.C. 1397aa et 
seq.) or under a waiver of such plan; 
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States for social services under subtitle A 
of title XX of the Social Security Act (42 
U.S.C. 1397 et seq.). 
‘‘(D) EMPLOYER
PAYMENTS.—An em-
ployer of a State-sponsored nonimmigrant shall 
pay into the general fund of the Treasury an 
amount equivalent to the Federal tax on the 
wages paid to the nonimmigrants that the em-
ployer would be obligated to pay under chapters 
21 and 23 of the Internal Revenue Code of 
1986 had the nonimmigrants been subject to 
such chapters, subject to the same penalties as 
provided for failure to pay such tax. 
‘‘(E) INCLUSION
OF
NONIMMIGRANTS
IN 
SAVE.—Not later than 30 days after the date of 
the enactment of the State Sponsored Visa 
Pilot Program Act of 2019, the Secretary shall 
modify the Systematic Alien Verification for 
Entitlements Program of the United States 
Citizenship and Immigration Services to add 
any status under section 101(a)(15)(W) as an 
alien category that is ineligible for any benefit 
program listed in subparagraph (C). 
‘‘(13) BONDS.— 
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‘‘(A) IN
GENERAL.—States may require 
State-sponsored nonimmigrants to pay a bond 
in an amount determined by the State to 
incentivize voluntary compliance with the terms 
and conditions of the State-sponsored non-
immigrant program. 
‘‘(B) STUDY.— 
‘‘(i) IN GENERAL.—At the end of each 
fiscal year, the Inspector General of the 
Department of Homeland Security and the 
Comptroller General of the United States 
shall each independently submit a report to 
the congressional committees specified in 
clause (iii) that identifies, for each State 
that participates in the State-sponsored 
nonimmigrant program, the percentage of 
State-sponsored nonimmigrants that have 
resided or worked illegally in a State other 
than the State that sponsored them (not 
including 
any 
State-sponsored 
non-
immigrants who are beneficiaries of ap-
proved immigration petitions). 
‘‘(ii) 
ASSIGNMENT.—A 
State-spon-
sored nonimmigrant who resides or works 
illegally in a State other than the State 
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that sponsored them shall be assigned to 
the percentage of the State that initially 
sponsored the alien if the State partici-
pates in an interstate compact. 
‘‘(iii) 
CONGRESSIONAL
COMMIT-
TEES.—The 
congressional 
committees 
specified in this clause are— 
‘‘(I) the Committee on Homeland 
Security and Governmental Affairs of 
the Senate; 
‘‘(II) the Committee on the Judi-
ciary of the Senate; 
‘‘(III) the Committee on Home-
land Security of the House of Rep-
resentatives; and 
‘‘(IV) the Committee on the Ju-
diciary of the House of Representa-
tives. 
‘‘(C) MANDATORY BONDS.— 
‘‘(i) IN GENERAL.—During the first 
fiscal year following a determination under 
subparagraph (B) by the Comptroller Gen-
eral or the Inspector General of the De-
partment of Homeland Security that more 
than 3 percent of the State-sponsored non-
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immigrants sponsored by a State violated 
the terms and conditions of State-spon-
sored nonimmigrant status in the most re-
cently completed fiscal year, the State shall 
require 
each 
State-sponsored 
non-
immigrant in the State, as a condition of 
participation in the State-sponsored non-
immigrant program, to post a bond equal 
to not less than $4,000. 
‘‘(ii) SUBSEQUENT BONDS.—The bond 
amount under clause (i) shall be raised by 
$1,000 during each fiscal year following a 
subsequent determination under subpara-
graph (B) by the Comptroller General or 
the Inspector General of the Department 
of Homeland Security that more than 3 
percent 
of 
the 
State-sponsored 
non-
immigrants sponsored by the State violated 
the terms and conditions of State-spon-
sored nonimmigrant status in the most re-
cently completed fiscal year. 
‘‘(iii) INFLATION
ADJUSTMENT.—Ef-
fective for the first fiscal year that begins 
more than 6 months after the date of the 
enactment of the State Sponsored Visa 
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Pilot Program Act of 2019, and for each 
fiscal year thereafter, the amounts de-
scribed in this subparagraph shall be in-
creased by the percentage (if any) by 
which the Consumer Price Index for the 
month of June preceding the date on 
which such increase takes effect exceeds 
the Consumer Price Index for all urban 
consumers published by the Department of 
Labor for the same month of the preceding 
calendar year. 
‘‘(D) REIMBURSEMENT OF BONDS.— 
‘‘(i) IN GENERAL.—Bonds paid to a 
State under this paragraph shall be reim-
bursed 
to 
any 
State-sponsored 
non-
immigrant that has not worked or resided 
in a State other than the State that spon-
sored the nonimmigrant or otherwise re-
sided in the United States without status 
under the immigration laws in accordance 
with this subparagraph. 
‘‘(ii) FULL
REIMBURSEMENT.—The 
full amount of the bond shall be reim-
bursed in full immediately after— 
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‘‘(I)(aa) the alien applies to the 
Secretary of State (or the designee of 
such Secretary) at a United States 
embassy, consulate, or, if specified by 
the Secretary, other locations outside 
the United States; and 
‘‘(bb) in connection with the ap-
plication, the State-sponsored non-
immigrant confirms his or her iden-
tity, or verifies his or her departure at 
such time from the United States pur-
suant to a biometric entry and exit 
data system; 
‘‘(II) an approved petition for 
lawful permanent residency is ap-
proved on behalf of the State-spon-
sored nonimmigrant; or 
‘‘(III) the State-sponsored non-
immigrant dies. 
‘‘(iii) PAYEE.— 
‘‘(I) 
DEATH
OF
NON-
IMMIGRANT.—Upon the death of a 
State-sponsored nonimmigrant, pay-
ment shall be immediately paid to 
such State-sponsored nonimmigrant’s 
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‘‘(B) APPREHENSION.—As a condition of 
participation 
in 
the 
State-sponsored 
non-
immigrant program, a State shall reimburse 
any other State and any Federal agency that 
has apprehended and detained a State-spon-
sored nonimmigrant sponsored by the State for 
the full costs of apprehension, detention, or re-
moval of the nonimmigrant upon request of the 
apprehending State or Federal agency. 
‘‘(C) PROCESS.—The Secretary shall es-
tablish a process through which a State may 
seek reimbursement under subparagraph (B). 
‘‘(16) SUSPENSION OF PROGRAM APPROVAL.— 
The Secretary shall suspend admissions under the 
State-sponsored nonimmigrant program for any 
State that fails— 
‘‘(A) to reimburse another State or a Fed-
eral agency under paragraph (15)(B) not later 
than 1 year after a final judgment against the 
State; or 
‘‘(B) to reimburse, in accordance with 
paragraph (13)(D), a State-sponsored non-
immigrant who— 
‘‘(i) has departed the United States; 
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‘‘(ii) did not seek employment without 
authorization in a State that did not spon-
sor the nonimmigrant; and 
‘‘(iii) did not otherwise reside in the 
United States without status under the im-
migration laws. 
‘‘(17) FEES.— 
‘‘(A) FEDERAL FEES.—A State shall pay a 
fee to the Secretary for each year in which the 
State participates in the State-sponsored non-
immigrant program in an amount determined 
by the Secretary to be necessary to cover the 
Federal costs of overseeing the State-sponsored 
nonimmigrant program in the State. 
‘‘(B) STATE FEES.—Nothing in this sub-
section may be construed to limit or regulate 
fees required by the State for State-sponsored 
nonimmigrants or employers of State-sponsored 
nonimmigrants. 
‘‘(18) NUMERICAL LIMITATIONS.— 
‘‘(A) IN GENERAL.—The total number of 
aliens who may be issued visas or otherwise 
provided State-sponsored nonimmigrant status 
under this subsection during any fiscal year 
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may not exceed the total number of visas com-
puted under subparagraph (B). 
‘‘(B) DISTRIBUTION.—Subject to subpara-
graphs (C), (D), and (E), the number of State- 
sponsored nonimmigrant visas made available in 
a fiscal year to a State that participates in the 
State-sponsored nonimmigrant program shall be 
the sum of— 
‘‘(i) 5,000; 
‘‘(ii) the sum of the amounts com-
puted under subparagraphs (C) and (D) in 
the prior year; and 
‘‘(iii) the percentage of the total popu-
lation in all States participating in the 
State-sponsored 
nonimmigrant 
program 
represented by the population of that State 
multiplied by the sum of— 
‘‘(I) 245,000; 
‘‘(II) the number of nonpartici-
pating States multiplied by 5,000; and 
‘‘(III) the total number of visas 
available in the previous fiscal year 
that were revoked or not used. 
‘‘(C) ECONOMIC GROWTH.—The amounts 
computed under subparagraphs (A) and (B) for 
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the prior fiscal year shall be adjusted annually 
in proportion to the percentage increase or de-
crease in the Gross Domestic Product of the 
United States in the prior year, as determined 
by the Bureau of Economic Analysis of the De-
partment of Commerce. 
‘‘(D) COMPLIANCE.— 
‘‘(i) INCREASES.—The number of 
State-sponsored nonimmigrant visas made 
available to a State under subparagraph 
(C) shall be increased by 10 percent over 
the prior fiscal year in each fiscal year im-
mediately following a fiscal year in which 
less than 3 percent of the State-sponsored 
nonimmigrants sponsored by the State vio-
lated the terms and conditions of State- 
sponsored nonimmigrant status, as deter-
mined by the Inspector General of the De-
partment of Homeland Security or the 
Comptroller General of the United States 
in the reports required under paragraph 
(13)(B). 
‘‘(ii) DECREASES.—The number of 
State-sponsored nonimmigrant visas made 
available to a State under subparagraph 
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(C) shall be decreased by 50 percent in 
each fiscal year immediately following a 
fiscal year in which more than 3 percent of 
the State-sponsored nonimmigrants spon-
sored by the State complied with the terms 
and conditions of State-sponsored non-
immigrant status, as determined by the In-
spector General of the Department of 
Homeland Security or the Comptroller 
General of the United States in the reports 
required under paragraph (13)(B). 
‘‘(iii) SUSPENSION.—State-sponsored 
nonimmigrant visas shall not be made 
available for a State during the 5-year pe-
riod following four consecutive fiscal years 
in which more than 3 percent of the State- 
sponsored nonimmigrants sponsored by the 
State violated the terms and conditions of 
State-sponsored nonimmigrant status, as 
determined by the Inspector General of the 
Department of Homeland Security or the 
Comptroller General of the United States 
in the reports required under paragraph 
(13)(B). 
‘‘(E) PRINCIPAL ALIENS.— 
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‘‘(i) IN
GENERAL.—The numerical 
limitations under this paragraph shall 
apply only to principal aliens being admit-
ted to the United States from abroad and 
not to aliens accompanying or following to 
join the principal alien under section 
101(a)(15)(W)(ii) or aliens previously ad-
mitted. 
‘‘(ii) STATE
EXCLUSION.—The Sec-
retary may not grant a visa or status to an 
alien who is not the principal alien spon-
sored by a State if the State request that 
no such aliens be admitted. 
‘‘(19) ADMISSIBILITY DETERMINATION.— 
‘‘(A) IN GENERAL.—At the request of a 
State that participates in the State-based non-
immigrant program, the Secretary shall waive 
the grounds of inadmissibility under subpara-
graphs (A), (B), (C), and (G) of section 
212(a)(6), paragraphs (7) and (9) of section 
212(a), 
and 
sections 
240B(d)(1)(B) 
and 
241(a)(5) and the grounds of deportability 
under subparagraphs (A) through (D) of sec-
tion 237(a)(1) and section 237(a)(3) on behalf 
of an alien described in subparagraph (B). 
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‘‘(B) ALIENS
DESCRIBED.—An alien de-
scribed in this subsection is an alien who— 
‘‘(i) was physically present in the 
United States on December 31, 2016; 
‘‘(ii) is sponsored by a State under 
the State-based nonimmigrant program; 
‘‘(iii) otherwise meets the require-
ments of State-based nonimmigrant status 
under paragraph (4); and 
‘‘(iv) fulfills the requirements under 
paragraph (20). 
‘‘(C) SAVINGS
PROVISION.—Nothing in 
this paragraph may be construed to exempt an 
alien described in subparagraph (B) or the 
State from the numerical limitation under para-
graph (18). 
‘‘(20) REQUIREMENTS.— 
‘‘(A) APPLICATION.—An alien may apply 
to the Secretary for a waiver of inadmissibility 
or deportability under paragraph (19) concur-
rently with an application for a visa or status 
under section 101(a)(15)(W). 
‘‘(B) EVIDENCE
OF
PRESENCE
OR
EM-
PLOYMENT.— 
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‘‘(i) CONCLUSIVE
DOCUMENTS.—An 
alien may conclusively demonstrate pres-
ence in the United States in compliance 
with paragraph (19)(B)(i) by submitting 
records demonstrating such presence that 
have been maintained by the Social Secu-
rity Administration, the Internal Revenue 
Service, or any other Federal, State, or 
local government agency or educational in-
stitution. 
‘‘(ii) OTHER DOCUMENTS.—An alien 
who is unable to submit a document de-
scribed in subparagraph (A) may satisfy 
the requirements under this section by sub-
mitting at least three other types of reli-
able documents that provide evidence of 
presence, employment or study in the 
United States, including— 
‘‘(I) bank or remittance records; 
‘‘(II) 
business 
or 
employer 
records; 
‘‘(III) records of any organiza-
tion that assists workers in employ-
ment; 
‘‘(IV) education records; and 
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‘‘(V) deeds, mortgages, or con-
tracts to which the alien has been a 
party. 
‘‘(C) FEES.— 
‘‘(i) IN GENERAL.—An alien submit-
ting an application under subparagraph 
(A) shall pay a fee in an amount deter-
mined by the Secretary to be necessary to 
cover the cost of adjudicating the applica-
tion and reviewing the application for 
fraud. 
‘‘(ii) PENALTY.—In addition to the 
fee under clause (i), an alien seeking a 
waiver under paragraph (19) shall pay a 
penalty of not less than $1,000, which 
shall be deposited into the Treasury of the 
United States after the approval of the ap-
plication under subparagraph (A). 
‘‘(D) CRIMINAL PENALTY.— 
‘‘(i) VIOLATION.—It shall be unlawful 
for any person to knowingly— 
‘‘(I) file, or assist in filing, an 
application under this paragraph if 
such application— 
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‘‘(aa) 
falsifies, 
misrepre-
sents, conceals, or covers up a 
material fact; 
‘‘(bb) makes any false, ficti-
tious, or fraudulent statements or 
representations; or 
‘‘(cc) makes or uses any 
false writing or document know-
ing the same to contain any false, 
fictitious, or fraudulent state-
ment or entry; or 
‘‘(II) create or supply a false 
writing or document for use in mak-
ing such an application. 
‘‘(ii) PENALTY.—Any person who vio-
lates clause (i) shall be fined in accordance 
with title 18, United States Code, impris-
oned not more than 5 years, or both. 
‘‘(iii) 
INADMISSIBILITY.—An 
alien 
who is convicted of violating clause (i) shall 
be considered to be inadmissible to the 
United States on the grounds described in 
section 212(a)(6)(C)(i) and subject to im-
mediate removal from the United States. 
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‘‘(E) FRAUD PREVENTION PROGRAM.—The 
Secretary and the Attorney General shall jointly 
develop an administrative program to prevent 
fraud with respect to applications submitted 
under this paragraph that provides for— 
‘‘(i) fraud prevention training for ad-
ministrative adjudicators; 
‘‘(ii) the regular audit of pending and 
approved applications for examples and 
patterns of fraud or abuse; 
‘‘(iii) the receipt and evaluation of re-
ports of fraud or abuse; 
‘‘(iv) the identification of deficiencies 
in administrative practice or procedure 
that encourage fraud or abuse; 
‘‘(v) the remedy of any identified defi-
ciencies; and 
‘‘(vi) the referral of cases of identified 
or suspected fraud or other misconduct for 
investigation. 
‘‘(F) INELIGIBLE ALIENS.— 
‘‘(i) REMOVAL AUTHORIZED.—Except 
as provided in clause (ii), if the Secretary 
makes a final determination to deny an ap-
plication under this section, the Secretary 
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shall place the applicant in removal pro-
ceedings to which the alien would otherwise 
be subject. 
‘‘(ii) ALIENS WITH PRIOR ORDERS.— 
If the final determination to deny an appli-
cation concerns an alien with an existing 
order of exclusion, deportation, removal, or 
voluntary departure from the United 
States, such order shall be enforced to the 
same extent as if the application had not 
been made. 
‘‘(G) EMPLOYMENT RECORDS.—Copies of 
employment records or other evidence of em-
ployment provided by an alien or by an alien’s 
employer in support of an alien’s application 
under this subsection may not be used in a civil 
or criminal prosecution or investigation of that 
employer under section 247A or the tax laws of 
the United States for the prior unlawful em-
ployment of that alien, regardless of the adju-
dication of such application or reconsideration 
by the Secretary of such alien’s prima facie eli-
gibility determination. Employers that provide 
unauthorized aliens with copies of employment 
records or other evidence of employment pursu-
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ant to an application under this title shall not 
be subject to civil and criminal liability pursu-
ant to such section 274A for employing such 
unauthorized aliens. The protections for em-
ployers and aliens shall not apply if the aliens 
or employers submit employment records that 
are deemed to be fraudulent. 
‘‘(H) CONSTRUCTION.—Nothing in this 
subsection may be construed to limit the au-
thority of the State to require additional mone-
tary penalties, other evidence of physical pres-
ence, or any other requirement for aliens de-
scribed in paragraph (19)(B) to participate in 
the State-based nonimmigrant program in such 
State.’’. 
(b) JUDICIAL REVIEW.—Section 242(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1252(a)(2)) is 
amended by adding at the end the following: 
‘‘(E) JUDICIAL REVIEW OF CERTAIN ELIGI-
BILITY DETERMINATIONS.—If an alien’s appli-
cation under section 214(s)(20) is denied or re-
voked, judicial review shall be instituted in the 
United States District Court for the District of 
Columbia and shall be limited to determinations 
of the constitutionality of section 214(s), or any 
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status application under subsection (a), which shall 
remain pending until a visa number becomes avail-
able. 
‘‘(2) STATUS.—An alien who has properly filed 
an adjustment of status application under subsection 
(a) shall, throughout the pendency of such applica-
tion— 
‘‘(A) have a lawful status and be consid-
ered lawfully present for purposes of section 
212; and 
‘‘(B) following a biometric background 
check, be eligible for employment and travel au-
thorization incident to such status.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
on the first day of the first fiscal year that begins after 
the date of the enactment of this Act. 
Æ 
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