gion, nationality, membership in a particular 
social group, or political opinion. 
‘‘(3) EMPLOYED.—The alien must establish 
that the alien—
‘‘(A) was employed in the United States 
before August 1, 2003, and has worked in the 
United States since such date and through the 
date the application is filed under this sub-
section; or 
‘‘(B) is the spouse or child of an alien who 
satisfies the requirement of subparagraph (A). 
‘‘(b) APPLICATION FEE.—
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall provide for a fee to be charged for the 
filing of applications for adjustment of status under 
this section. Such fee shall be sufficient to cover the 
administrative and other expenses incurred in con-
nection with the review of such applications. 
‘‘(2) PENALTY PAYMENT.—
‘‘(A) IN GENERAL.—In addition to the fee 
imposed under paragraph (1), except as pro-
vided in subparagraph (B), the Secretary of 
Homeland Security may accept an application 
for adjustment of status under this section only 
if the alien remits with such application $1,500,
but such sum shall not be required from a child 
under the age of 17. 
‘‘(B) WAGE GARNISHMENT.—
‘‘(i) IN GENERAL.—In lieu of paying 
the sum under subparagraph (A) upon fil-
ing the application, an alien may elect to 
pay such sum by having the Secretary of 
Homeland Security garnish 10 percent of 
the disposable pay of the alien, in accord-
ance with section 3720D of title 31, 
United States Code. 
‘‘(ii) INTEREST.—In the case of an 
outstanding debt created by an election 
under clause (i), the Secretary of Home-
land Security shall charge an annual fixed 
rate of interest on the debt that is equal 
to the bond equivalent rate of 5-year 
Treasury notes auctioned at the final auc-
tion held prior to the date on which inter-
est begins to accrue. 
‘‘(iii) FINAL
PAYMENT.—Any out-
standing debt created by an election under 
clause (i), and any interest due under
clause (ii), shall be considered delinquent 
if not paid in full 30 days after the end
of the alien’s period of authorized stay as 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(iv)(b). 
‘‘(3) USE OF FUNDS FOR ADMINISTERING PRO-
GRAM.—
‘‘(A) IN GENERAL.—There is established in 
the general fund of the Treasury a separate ac-
count, which shall be known as the ‘H–4B Non-
immigrant Applicant Account’. Notwithstanding 
any other section of this title, there shall be de-
posited as offsetting receipts into the account 
all fees and penalties collected under this sub-
section. 
‘‘(B) EXPENDITURE.—Amounts deposited 
into the H–4B Nonimmigrant Petitioner Ac-
count shall remain available to the Secretary of 
Homeland Security until expended to carry out 
duties related to nonimmigrants described in 
section 101(a)(15)(H)(iv)(b). 
‘‘(c) ADMISSIONS.—Nothing in this section shall be 
construed as authorizing an alien to apply for admission 
to, or to be admitted to, the United States in order to 
apply for adjustment of status under this section. 
‘‘(d) STAY OF REMOVAL.—
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall provide by regulation for an alien sub-
ject to a final order of deportation or removal to 
seek a stay of such order based on the filing of an 
application under subsection (a). 
‘‘(2) DURING
CERTAIN
PROCEEDINGS.—Not-
withstanding any provision of the Immigration and 
Nationality Act, the Secretary of Homeland Security 
shall not order any alien to be removed from the 
United States, if the alien is in exclusion, deporta-
tion, or removal proceedings under any provision of 
such Act and has applied for adjustment of status 
under subsection (a), except where the Secretary has 
rendered a final administrative determination to 
deny the application. 
‘‘(e) PERIOD OF AUTHORIZED STAY.—In the case of 
a nonimmigrant described in section 101(a)(15)(H)(iv)(b), 
the period of authorized stay as such a nonimmigrant shall 
be 3 years. The Secretary of Homeland Security may not 
authorize a change from such nonimmigrant classification 
to any other immigrant or nonimmigrant classification 
until the termination of such 3-year period. Such period 
may not be extended except in the discretion of the Sec-
retary and for a reasonable time solely in order to accom-
modate the processing of an application for a change in
nonimmigrant status to that of a nonimmigrant under sec-
tion 101(a)(15)(H)(iv)(a) pursuant to a petition described 
in section 218A(a). 
‘‘(f) REQUIRED USE OF EMPLOYMENT ELIGIBILITY 
CONFIRMATION SYSTEM.—
‘‘(1) IN GENERAL.—It is unlawful for a person 
or other entity to hire for employment in the United 
States 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(iv)(b) without—
‘‘(A) using the employment eligibility con-
firmation system established under section 
218A(j) to verify the nonimmigrant’s identity 
and employment authorization before the com-
mencement of employment; 
‘‘(B) advising the nonimmigrant of any 
nonconfirmation with respect to the non-
immigrant provided by such system; and 
‘‘(C) providing the nonimmigrant an op-
portunity to correct the information in the sys-
tem causing such nonconfirmation before revok-
ing the offer of employment in order that the 
requirement of subparagraph (A) is satisfied 
before the commencement of employment. 
‘‘(2) CIVIL MONEY PENALTY.—If the Secretary 
of Labor finds, after notice and opportunity for a
hearing, a failure to meet a violation of paragraph 
(1), the Secretary may impose a civil money penalty 
in an amount not to exceed $5,000 for each non-
immigrant with respect to whom such a violation oc-
curs. 
‘‘(g) EXTENSION OF H–4A LABOR PROTECTIONS TO 
H–4B NONIMMIGRANTS.—A person or other entity em-
ploying 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(iv)(b) shall comply with the requirements 
of clauses (ii) through (vi) of section 218A(a)(2) in the 
same manner as an employer having an approved petition 
described in section 218A(a). The Secretary of Labor ex-
clusively may exercise any enforcement authority granted 
in the Fair Labor Standards Act of 1938 (29 U.S.C. 201 
et seq.) to address a failure to meet a requirement of this 
subsection.’’. 
(b) 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 250 the following:
‘‘Sec. 251. Adjustment of status to that of H–4B nonimmigrant.’’.
SEC. 5. INCREASED FUNDS FOR UNITED STATES EMPLOY-
MENT SERVICE. 
There are authorized to be appropriated to the Sec-
retary of Labor such additional sums as may be necessary 
for fiscal year 2004 and subsequent fiscal years to permit
the United States Employment Service to assist State 
public employment services in meeting any increased de-
mand for services by employers and persons seeking em-
ployment engendered by the amendments made by this 
Act.
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