qualifies for an exemption under this subparagraph until 
such time as a final decision is made on the alien’s lawful 
permanent residence.’’. 
SEC. 205. RETAINING WORKERS SUBJECT TO GREEN CARD 
BACKLOG. 
(a) ADJUSTMENT OF STATUS.— 
(1) IN GENERAL.—Section 245(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1255(a)) is 
amended to read as follows: 
‘‘(a) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—The status of an alien who 
was inspected and admitted or paroled into the 
United States or the status of any other alien having 
an approved petition for classification under sub-
paragraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of sec-
tion 204(a)(1) may be adjusted by the Secretary of 
Homeland Security or the Attorney General, in the 
discretion of the Secretary or the Attorney General 
under such regulations as the Secretary or Attorney 
General may prescribe, to that of an alien lawfully 
admitted for permanent residence if— 
‘‘(A) the alien makes an application for 
such adjustment; 
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‘‘(B) the alien is eligible to receive an im-
migrant visa and is admissible to the United 
States for permanent residence; and 
‘‘(C) an immigrant visa is immediately 
available to the alien at the time the application 
is filed. 
‘‘(2) SUPPLEMENTAL
FEE.—An application 
under paragraph (1) that is based on a petition ap-
proved or approvable under subparagraph (E) or (F) 
of section 204(a)(1) may be filed without regard to 
the limitation set forth in paragraph (1)(C) if a sup-
plemental fee of $500 is paid by the principal alien 
at the time the application is filed. A supplemental 
fee may not be required for any dependent alien ac-
companying or following to join the principal alien. 
‘‘(3) VISA
AVAILABILITY.—An application for 
adjustment filed under this paragraph may not be 
approved until such time as an immigrant visa be-
come available.’’. 
(b) USE
OF FEES.—Section 286(v)(1) (8 U.S.C. 
1356(v)(1)) is amended by inserting before the period at 
the end ‘‘and the fees collected under section 245(a)(2).’’. 
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TITLE III—BUSINESS FACILITA-
TION 
THROUGH 
IMMIGRA-
TION REFORM 
SEC. 301. STREAMLINING THE ADJUDICATION PROCESS 
FOR ESTABLISHED EMPLOYERS. 
Section 214(c) of the Immigration and Nationality 
Act (8. U.S.C. 1184) is amended by adding at the end 
the following new paragraph: 
‘‘(1) Not later than 180 days after the date of the 
enactment of the Securing Knowledge, Innovation, and 
Leadership Act of 2006, the Secretary of Homeland Secu-
rity shall establish a pre-certification procedure for em-
ployers who file multiple petitions described in this sub-
section or section 203(b). Such precertification procedure 
shall enable an employer to avoid repeatedly submitting 
documentation that is common to multiple petitions and 
establish through a single filing criteria relating to the em-
ployer and the offered employment opportunity.’’. 
SEC. 302. PROVIDING PREMIUM PROCESSING OF EMPLOY-
MENT-BASED VISA PETITIONS. 
(a) IN GENERAL.—Pursuant to section 286(u) of the 
Immigration and Nationality Act (8 U.S.C. 1356(u)), the 
Secretary of Homeland Security shall establish and collect 
a fee for premium processing of employment-based immi-
grant petitions. 
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(b) APPEALS.—Pursuant to such section 286(u), the 
Secretary of Homeland Security shall establish and collect 
a fee for premium processing of an administrative appeal 
of any decision on a permanent employment-based immi-
grant petition. 
SEC. 303. ELIMINATING PROCEDURAL DELAYS IN LABOR 
CERTIFICATION PROCESS. 
(a) PREVAILING WAGE RATE.— 
(1) REQUIREMENT
TO
PROVIDE.—The Sec-
retary of Labor shall provide prevailing wage deter-
minations to employers seeking a labor certification 
for aliens pursuant to part 656 of title 20, Code of 
Federal Regulation (or any successor regulation). 
The Secretary may not delegate this function to any 
agency of a State. 
(2) SCHEDULE FOR DETERMINATION.—Except 
as provided in paragraph (3), the Secretary of Labor 
shall provide a response to an employer’s request for 
a prevailing wage determination in no more than 20 
calendar days from the date of receipt of such re-
quest. If the Secretary fails to reply during such 20- 
day period, then the wage proposed by the employer 
shall be the valid prevailing wage rate. 
(3) USE OF SURVEYS.—The Secretary of Labor 
shall accept an alternative wage survey provided by 
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the employer unless the Secretary determines that 
the wage component of the Occupational Employ-
ment Statistics Survey is more accurate for the oc-
cupation in the labor market area. 
(b) PLACEMENT OF JOB ORDER.—The Secretary of 
Labor shall maintain a website with links to the official 
website of each workforce agency of a State, and such offi-
cial website shall contain instructions on the filing of a 
job order in order to satisfy the job order requirements 
of section 656.17(e)(1) of title 20, Code of Federal Regu-
lation (or any successor regulation). 
(c) TECHNICAL CORRECTIONS.—The Secretary of 
Labor shall establish a process by which employers seeking 
certification under section 212(a)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(5)), as amended 
by section 201(b), may make technical corrections to ap-
plications in order to avoid requiring employers to conduct 
additional recruitment to correct an initial technical error. 
A technical error shall include any error that would not 
have a material effect on the validity of the employer’s 
recruitment of able, willing, and qualified United States 
workers. 
(d) ADMINISTRATIVE APPEALS.—Motions to recon-
sider, and administrative appeals of, a denial of a perma-
nent labor certification application, shall be decided by the 
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Secretary of Labor not later than 60 days after the date 
of the filing of such motion or such appeal. 
(e) APPLICATIONS UNDER PREVIOUS SYSTEM.—Not 
later than 180 days after the date of the enactment of 
this Act, the Secretary of Labor shall process and issue 
decisions on all applications for permanent alien labor cer-
tification that were filed prior to March 28, 2005. 
(f) EFFECTIVE DATE.—The provisions of this section 
shall take effect 90 days after the date of enactment of 
this Act, whether or not the Secretary of Labor has 
amended the regulations at part 656 of title 20, Code of 
Federal Regulation to implement such changes. 
TITLE IV—MISCELLANEOUS 
SEC. 401. COMPLETION OF BACKGROUND AND SECURITY 
CHECKS. 
Section 103 of the Immigration and Nationality Act 
(8 U.S.C. 1103) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(i) REQUIREMENT FOR BACKGROUND CHECKS.— 
Notwithstanding any other provision of law, until appro-
priate background and security checks, as determined by 
the Secretary of Homeland Security, have been completed, 
and the information provided to and assessed by the offi-
cial with jurisdiction to grant or issue the benefit or docu-
mentation, on an in camera basis as may be necessary 
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with respect to classified, law enforcement, or other infor-
mation that cannot be disclosed publicly, the Secretary of 
Homeland Security, the Attorney General, or any court 
may not— 
‘‘(1) grant or order the grant of adjustment of 
status of an alien to that of an alien lawfully admit-
ted for permanent residence; 
‘‘(2) grant or order the grant of any other sta-
tus, relief, protection from removal, or other benefit 
under the immigration laws; or 
‘‘(3) issue any documentation evidencing or re-
lated to such grant by the Secretary, the Attorney 
General, or any court. 
‘‘(j) REQUIREMENT TO RESOLVE FRAUD ALLEGA-
TIONS.—Notwithstanding any other provision of law, until 
any suspected or alleged fraud relating to the granting of 
any status (including the granting of adjustment of sta-
tus), relief, protection from removal, or other benefit 
under this Act has been investigated and resolved, the Sec-
retary of Homeland Security and the Attorney General 
may not be required to— 
‘‘(1) grant or order the grant of adjustment of 
status of an alien to that of an alien lawfully admit-
ted for permanent residence; 
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‘‘(2) grant or order the grant of any other sta-
tus, relief, protection from removal, or other benefit 
under the immigration laws; or 
‘‘(3) issue any documentation evidencing or re-
lated to such grant by the Secretary, the Attorney 
General, or any court. 
‘‘(k) PROHIBITION OF JUDICIAL ENFORCEMENT.— 
Notwithstanding any other provision of law, no court may 
require any act described in subsection (i) or (j) to be com-
pleted by a certain time or award any relief for the failure 
to complete such acts.’’. 
SEC. 402. VISA REVALIDATION. 
(a) IN GENERAL.—Section 222 of the Immigration 
and Nationality Act (8 U.S.C. 1202) is amended by add-
ing at the end the following: 
‘‘(i) The Secretary of State shall permit an alien 
granted a nonimmigrant visa under subparagraph E, H, 
I, L, O, or P of section 101(a)(15) to apply for a renewal 
of such visa within the United States if— 
‘‘(1) such visa expired during the 12-month pe-
riod ending on the date of such application; 
‘‘(2) the alien is seeking a nonimmigrant visa 
under the same subparagraph under which the alien 
had previously received a visa; and 
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‘‘(3) the alien has complied with the immigra-
tion laws and regulations of the United States.’’. 
(b) CONFORMING AMENDMENT.—Section 222(h) of 
such Act is amended, in the matter preceding subpara-
graph (1), by inserting ‘‘and except as provided under sub-
section (i),’’ after ‘‘Act’’. 
SEC. 403. SEVERABILITY. 
If any provision of this Act, any amendment by this 
Act, or the application of such provision or amendment 
to any person or circumstance is held to be invalid for 
any reason, the remainder of this Act, the amendments 
made by this Act, and the applications of such to any 
other person or circumstance shall not be affected by such 
holding. 
SEC. 404. CONSTITUTIONAL AUTHORITY. 
The constitutional authority on which this Act rests 
is the power of Congress to establish a uniform rule of 
naturalization and authority to provide for the general 
welfare of the United States as enumerated in article I, 
section 8 of the United States Constitution. 
Æ 
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