190 
(11) the number of United States Immigration 
and Customs Enforcement agents disciplined for vio-
lations in detention proceedings; and 
(12) recommendations for improving worksite 
operations and fugitive operations. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 170. RULEMAKING. 
Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall promulgate regulations to 
implement this subtitle and the amendments made by this 
subtitle. 
Subtitle C—Enforcement 
SEC. 181. LABOR ENFORCEMENT. 
(a) 
LABOR
ENFORCEMENT
ACTIONS.—Section 
274A(e) of the Immigration and Nationality Act (8 U.S.C. 
1324a(e)) is amended to add a new paragraph (10). 
‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 
‘‘(A) ENFORCEMENT
ACTION.—When an 
enforcement action is undertaken by the De-
partment of Homeland Security and the De-
partment receives information that there is a 
labor dispute in progress, or that information 
was provided to the Department of Homeland 
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Security to retaliate against employees for exer-
cising their employment rights, the Department 
shall ensure that any aliens who are arrested or 
detained and are necessary for the prosecution 
of any labor or employment law violations are 
not removed from the country without notifying 
the appropriate law enforcement agency that 
has jurisdiction over the violations and pro-
viding the agency with the opportunity to inter-
view such aliens. The Department shall ensure 
that no aliens entitled to a stay of removal 
under this section are removed. 
‘‘(B) INTERVIEWS.—Any arrangements for 
aliens to be held or interviewed shall be made 
in consultation with the relevant labor and em-
ployment law enforcement agencies. 
‘‘(C) STAY OF REMOVAL.— 
‘‘(i) An alien against whom removal 
proceedings have been initiated pursuant 
to chapter 4 of title III of the Immigration 
and Nationality Act, who has filed a work-
place claim or who is a material witness in 
any pending or anticipated proceeding in-
volving a workplace claim, shall be entitled 
to a stay of removal and to an employment 
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authorized endorsement unless the Depart-
ment establishes by a preponderance of the 
evidence in proceedings before the immi-
gration judge presiding over that alien’s 
removal hearing that— 
‘‘(I) the Department initiated the 
alien’s removal proceeding for wholly 
independent reasons and not in any 
respect based on, or as a result of, 
any information provided to or ob-
tained by the Department from the 
aliens employer, from any outside 
source, 
including 
any 
anonymous 
source, or as a result of the filing or 
prosecution of the workplace claim; 
and 
‘‘(II) the workplace claim was 
filed in a bad faith with the intent to 
delay or avoid the alien’s removal. 
‘‘(ii) Any stay of removal or work au-
thorization issued pursuant to subsection 
(i) shall remain valid and in effect at least 
during the pendency of the proceedings 
concerning such workplace claim. The Sec-
retary of Homeland Security shall extend 
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such relief for a period of not longer than 
3 additional years upon determining that— 
‘‘(I) such relief would enable the 
alien asserting the workplace claim to 
be made whole; 
‘‘(II) the deterrent goals of any 
statute 
underlying 
the 
workplace 
claim would thereby be served; or 
‘‘(III) such extension would oth-
erwise further the interests of justice. 
‘‘(iii) In this section— 
‘‘(I) the term ‘workplace claim’ 
shall include any claim, charge, com-
plaint, or grievance filed with or sub-
mitted to the employer, a Federal or 
State or local agency or court, or an 
arbitrator, to challenge an employer’s 
alleged civil or criminal violation of 
any legal or administrative rule or re-
quirement affecting the terms or con-
ditions of its workers employment, the 
treatment of workers, or the hiring or 
firing of its workers; and 
‘‘(II) the term ‘material witness’ 
means an individual who presents a 
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declaration from an attorney inves-
tigating, prosecuting, or defending the 
workplace claim or from the presiding 
officer overseeing the workplace claim 
attesting that, to the best of the de-
clarant’s knowledge and belief, reason-
able cause exists to believe that the 
testimony of the individual will be rel-
evant to the outcome of the workplace 
claim.’’ 
(b) WHISTLE BLOWER PROTECTIONS; VICTIMS OF 
CRIMINAL ACTIVITY.—Section 101(a)(15)(U) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) 
is amended— 
(1) in clause (ii), by striking ‘‘and’’ at the end; 
(2) in clause (iii)— 
(A) by striking ‘‘or’’ before ‘‘attempt’’; and 
(B) by adding at the end the following: ‘‘a 
civil violation of Federal, State, orlocal employ-
ment or labor laws; and’’; and 
(3) by adding at the end the following: 
‘‘(iv) the Secretary may not grant a 
petition filed by an alien based on a civil 
violation of Federal employment or labor 
laws unless the alien has— 
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‘‘(I) a reasonable fear of retalia-
tion based on immigration status; 
‘‘(II) has been threatened with 
retaliation based on immigration; or 
‘‘(III) has been retaliated against 
based on immigration status for at-
tempting to remedy such violations; 
or’’. 
SEC. 182. MANDATORY ADDRESS REPORTING REQUIRE-
MENTS. 
(a) CLARIFYING ADDRESS REPORTING REQUIRE-
MENTS.—Section 265 (8 U.S.C. 1305) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘notify the Attorney Gen-
eral in writing’’ and inserting ‘‘submit written 
or electronic notification to the Secretary of 
Homeland Security, in a manner approved by 
the Secretary,’’; 
(B) by striking ‘‘the Attorney General may 
require’’ and inserting ‘‘the Secretary may re-
quire’’; and 
(C) by adding at the end the following: ‘‘If 
the alien is involved in proceedings before an 
immigration judge or in an administrative ap-
peal of such proceedings, the alien shall submit 
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to the Attorney General the alien’s current ad-
dress and a telephone number, if any, at which 
the alien may be contacted.’’; 
(2) in subsection (b), by striking ‘‘Attorney 
General’’ each place such term appears and inserting 
‘‘Secretary of Homeland Security’’; 
(3) in subsection (c), by striking ‘‘given to such 
parent’’ and inserting ‘‘given by such parent’’; and 
(4) by adding at the end the following: 
‘‘(d) ADDRESS TO BE PROVIDED.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided by the Secretary under paragraph (2), an ad-
dress provided by an alien under this section shall 
be the alien’s current residential mailing address, 
and shall not be a post office box or other nonresi-
dential mailing address or the address of an attor-
ney, representative, labor organization, or employer. 
‘‘(2) SPECIFIC REQUIREMENTS.—The Secretary 
may provide specific requirements with respect to— 
‘‘(A) designated classes of aliens and spe-
cial circumstances, including aliens who are em-
ployed at a remote location; and 
‘‘(B) the reporting of address information 
by aliens who are incarcerated in a Federal, 
State, or local correctional facility. 
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197 
‘‘(3) DETENTION.—An alien who is being de-
tained by the Secretary under this Act is not re-
quired to report the alien’s current address under 
this section during the time the alien remains in de-
tention, but shall be required to notify the Secretary 
of the alien’s address under this section at the time 
of the alien’s release from detention. 
‘‘(e) USE OF MOST RECENT ADDRESS PROVIDED BY 
THE ALIEN.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may provide for the 
appropriate coordination and cross referencing of 
address information provided by an alien under this 
section with other information relating to the alien’s 
address under other Federal programs, including— 
‘‘(A) any information pertaining to the 
alien, which is submitted in any application, pe-
tition, or motion filed under this Act with the 
Secretary of Homeland Security, the Secretary 
of State, or the Secretary of Labor; 
‘‘(B) any information available to the At-
torney General with respect to an alien in a 
proceeding before an immigration judge or an 
administrative appeal or judicial review of such 
proceeding; 
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‘‘(C) any information collected with respect 
to nonimmigrant foreign students or exchange 
program participants under section 641 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1372); and 
‘‘(D) any information collected from State 
or local correctional agencies pursuant to the 
State Criminal Alien Assistance Program. 
‘‘(2) RELIANCE.—The Secretary may rely on 
the most recent address provided by the alien under 
this section or section 264 to send to the alien any 
notice, form, document, or other matter pertaining 
to Federal immigration laws, including service of a 
notice to appear. The Attorney General and the Sec-
retary may rely on the most recent address provided 
by the alien under section 239(a)(1)(F) to contact 
the alien about pending removal proceedings. 
‘‘(3) OBLIGATION.—The alien’s provision of an 
address for any other purpose under the Federal im-
migration laws does not excuse the alien’s obligation 
to submit timely notice of the alien’s address to the 
Secretary under this section (or to the Attorney 
General under section 239(a)(1)(F) with respect to 
an alien in a proceeding before an immigration judge 
or an administrative appeal of such proceeding). 
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199 
‘‘(f) REQUIREMENT FOR DATABASE.—The Secretary 
of Homeland Security shall establish an electronic data-
base to timely record and preserve addresses provided 
under this section.’’. 
(b) CONFORMING CHANGES WITH RESPECT TO REG-
ISTRATION REQUIREMENTS.—Chapter 7 of title II (8 
U.S.C. 1301 et seq.) is amended— 
(1) in section 262(c), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in section 263(a), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(3) in section 264— 
(A) in subsections (a), (b), (c), and (d), by 
striking ‘‘Attorney General’’ each place it ap-
pears and inserting ‘‘Secretary of Homeland 
Security’’; and 
(B) in subsection (f)— 
(i) by striking ‘‘Attorney General is 
authorized’’ and inserting ‘‘Secretary of 
Homeland Security and Attorney General 
are authorized’’; and 
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(ii) by striking ‘‘Attorney General or 
the Service’’ and inserting ‘‘Secretary or 
the Attorney General’’. 
(c) EFFECT ON ELIGIBILITY FOR IMMIGRATION BEN-
EFITS.—If an alien fails to comply with section 262, 263, 
or 265 of the Immigration and Nationality Act (8 U.S.C. 
1302, 1303, and 1305) or section 264.1 of title 8, Code 
of Federal Regulations, or removal orders or voluntary de-
parture agreements based on any such section for acts 
committed prior to the enactment of this Act such failure 
shall not affect the eligibility of the alien to apply for a 
benefit under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.). 
(d) TECHNICAL
AMENDMENTS.—Section 266 (8 
U.S.C. 1306) is amended by striking ‘‘Attorney General’’ 
each place it appears and inserting ‘‘Secretary of Home-
land Security’’. 
(e) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall take effect on the date of the enactment of this 
Act. 
(2) EXCEPTIONS.—The amendments made by 
paragraphs (1)(A), (1)(B), (2), and (3) of subsection 
(a) shall take effect as if enacted on March 1, 2003. 
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201 
SEC. 183. PREEMPTION OF STATE AND LOCAL LAW. 
(a) PREEMPTION.—This Act preempts any State or 
local law, contract, license, or other standard, require-
ment, action or instrument— 
(1) discriminating among persons on the basis 
of immigration status, except as specifically author-
ized in Federal law; or 
(2) imposing any sanction or liability— 
(A) on any individual based on his or her 
immigration status; 
(B) on any person or entity based on the 
immigration status of its clients, employees, 
tenants, or other associates; or 
(C) relating to a violation or alleged viola-
tion of immigration law. 
(b) DEFINITION.—For purposes of this section, ‘‘im-
migration status’’ refers to a person’s present or previous: 
visa classification, refugee status, temporary protected 
status, status as an immigrant lawfully admitted for per-
manent residence, lawful presence, work authorization, or 
other classification or category created by, or related to 
this, Act or the Immigration and Nationality Act. 
SEC. 184. DELEGATION OF IMMIGRATION AUTHORITY. 
Section 287(g) (8 U.S.C. 1357(g)) is amended to 
read as follows: 
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‘‘(g) Except as provided in section 103(a)(10), 242, 
or 274(c), the authority to investigate, identify, appre-
hend, arrest, or detain persons for a violation of any sec-
tion of this Act or regulation pursuant to this Act is re-
stricted to immigration officers and employees of the De-
partment. Any such authority is further subject to any 
specific limitations set forth in this Act.’’. 
SEC. 185. IMMIGRATION AND CUSTOMS ENFORCEMENT OM-
BUDSMAN. 
(a) ESTABLISHMENT.—Subtitle D of title III of the 
Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 447. IMMIGRATION AND CUSTOMS ENFORCEMENT 
OMBUDSMAN. 
‘‘(a) IN GENERAL.—There established in the Depart-
ment of Homeland Security a position of Immigration and 
Customs Enforcement Ombudsman (referred to in this 
section as the ‘Ombudsman’). 
‘‘(b) REQUIREMENTS.—The Ombudsman shall— 
‘‘(1) report directly to the Assistant Secretary 
for Immigration and Customs Enforcement (referred 
to in this section as the ‘Assistant Secretary’); and 
‘‘(2) have a background in immigration law. 
‘‘(c) FUNCTIONS.—The Ombudsman shall— 
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‘‘(1) undertake regular and unannounced in-
spections of detention facilities and local offices of 
United States Immigration and Customs Enforce-
ment to determine whether the facilities and offices 
comply with relevant policies, procedures, standards, 
laws, and regulations; 
‘‘(2) report all findings of compliance or non-
compliance of the facilities and local offices de-
scribed in paragraph (1) to the Secretary and the 
Assistant Secretary; 
‘‘(3) develop procedures for detainees or their 
representatives to submit confidential written com-
plaints directly to the Ombudsman; 
‘‘(4) investigate and resolve all complaints, in-
cluding confidential and anonymous complaints, re-
lated to decisions, recommendations, acts, or omis-
sions made by the Assistant Secretary or the Com-
missioner of United States Customs and Border 
Protection in the course of custody and detention 
operations; 
‘‘(5) initiate investigations into allegations of 
systemic problems at detention facilities; 
‘‘(6) conduct any review or audit relating to de-
tention, as directed by the Secretary or Assistant 
Secretary; 
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‘‘(7) refer matters, as appropriate, to the Office 
of Inspector General of the Department of Justice, 
the Office of Civil Rights and Civil Liberties of the 
Department, or any other relevant office or agency; 
‘‘(8) propose changes in the policies or practices 
of United States Immigration and Customs Enforce-
ment to improve the treatment of United States citi-
zens and residents, immigrants, detainees, and oth-
ers subject to immigration-related enforcement oper-
ations; 
‘‘(9) establish a public advisory group con-
sisting of nongovernmental organization representa-
tives and Federal, State, and local government offi-
cials with expertise in detention and vulnerable pop-
ulations to provide the Ombudsman with input on— 
‘‘(A) the priorities of the Ombudsman; and 
‘‘(B) current practices of United States 
Immigration and Customs Enforcement; and 
‘‘(10) recommend to the Assistant Secretary 
personnel action based on any finding of noncompli-
ance. 
‘‘(d) ANNUAL REPORT.— 
‘‘(1) OBJECTIVES.—Not later than June 30 of 
each year, the Ombudsman shall prepare and submit 
a report to the Committee on the Judiciary of the 
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205 
Senate and the Committee on the Judiciary of the 
House of Representatives on the objectives of the 
Office of the Ombudsman for the next fiscal year. 
‘‘(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include— 
‘‘(A) full and substantive analysis of the 
objectives of the Office of the Ombudsman; 
‘‘(B) statistical information regarding such 
objectives; 
‘‘(C) a description of each detention facil-
ity found to be in noncompliance with the de-
tention standards of the Department of Home-
land Security or other applicable regulations; 
‘‘(D) a description of the actions taken by 
the Department of Homeland Security to rem-
edy any findings of noncompliance or other 
identified problems; 
‘‘(E) information regarding whether the 
actions described in subparagraph (D) resulted 
in compliance with detention standards; 
‘‘(F) a summary of the most pervasive and 
serious problems encountered by individuals 
subject to the enforcement operations of the 
Department of Homeland Security, including a 
description of the nature of such problems; and 
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206 
‘‘(G) such other information as the Om-
budsman may consider advisable.’’. 
(b) AMENDMENT.—The table of contents in section 
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 
et seq.) is amended by inserting after the item relating 
to section 446 the following: 
‘‘Sec. 447. Immigration and Customs Enforcement Ombudsman.’’. 
SEC. 186. ELIMINATING ARBITRARY BAR TO ASYLUM. 
Section 208(a)(2) (8. U.S.C. 1158(a)(2)) is amend-
ed— 
(1) by striking subparagraph (B); 
(2) in subparagraph (C), by striking ‘‘(D)’’ and 
inserting ‘‘(C)’’; 
(3) in subparagraph (D), by striking ‘‘subpara-
graphs (B) and (C),’’ and inserting ‘‘subparagraph 
(B),’’; and 
(4) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively. 
SEC. 187. RESTORATION OF JUDICIAL REVIEW. 
Section 242 (8 U.S.C. 1252) is amended— 
(1) by striking subsection (a)(2) (matters not 
subject to judicial review); 
(2) in subsection (b)(1), by striking ‘‘30 days’’ 
and inserting ‘‘60 days’’; 
(3) in subsection (b)(3)(B), by striking ‘‘does 
not’’ and inserting ‘‘shall’’; 
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(4) in subsection (b)(3)(C), by striking ‘‘shall’’ 
and inserting ‘‘may’’; 
(5) in subsection (b)(4)(B), by striking ‘‘any 
reasonable adjudicator would be compelled to con-
clude to the contrary’’ and inserting ‘‘the findings 
are not supported by substantial evidence’’; 
(6) in subsection (b)(8)(C), by inserting ‘‘unless 
a stay is automatically granted by any provision of 
law or any court of competent jurisdiction’’ after ‘‘to 
defer removal of the alien’’; 
(7) in subsection (b)(9), by striking ‘‘Except as 
otherwise provided in this section, no court shall 
have jurisdiction, by habeas corpus under section 
2241 of title 28 or any other habeas corpus provi-
sion, by section 1361 or 1651 of such title, or by 
any other provision of law (statutory or nonstatu-
tory), to review such an order or such questions of 
law or fact.’’; 
(8) by striking subsection (e)(1)(B); 
(9) in subsection (e)(2)(B) by inserting ‘‘law-
fully’’ after ‘‘was’’ and before ‘‘ordered’’; 
(10) by striking subsection (e)(3); 
(11) by redesignating subsection (e)(4) as sub-
section (e)(3); 
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(12) by redesignating subsection (e)(5) as sub-
section (e)(4); 
(13) by striking subsection (f); 
(14) by redesignating subsection (g) as sub-
section (f); and 
(15) in subsection (g) (as so redesignated), by 
striking ‘‘and notwithstanding any other provision of 
law (statutory or nonstatutory), including section 
2241 of title 28, or any other habeas corpus provi-
sion, and sections 1361 and 1651 of such title,’’. 
TITLE II—EMPLOYMENT 
VERIFICATION 
SEC. 201. EMPLOYMENT VERIFICATION. 
(a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 
is amended to read as follows: 
‘‘SEC. 274A. EMPLOYMENT VERIFICATION. 
‘‘(a) MAKING
EMPLOYMENT
OF
UNAUTHORIZED 
ALIENS UNLAWFUL.— 
‘‘(1) IN GENERAL.—It is unlawful for an em-
ployer— 
‘‘(A) to hire, recruit, or refer for a fee an 
alien for employment in the United States 
knowing or with reckless disregard that the 
alien is an unauthorized alien with respect to 
such employment; or 
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209 
‘‘(B) to hire in the United States an indi-
vidual unless such employer meets the require-
ments of subsections (b) and (c). 
‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw-
ful for an employer, after lawfully hiring an alien for 
employment, to continue to employ the alien in the 
United States knowing that the alien is (or has be-
come) an unauthorized alien with respect to such 
employment. 
‘‘(3) USE OF LABOR THROUGH CONTRACT.—An 
employer who uses a contract, subcontract, or ex-
change entered into, renegotiated, or extended after 
the date of the enactment of this Act to obtain the 
labor of an alien in the United States knowing or 
with reckless disregard that the alien is an unau-
thorized alien with respect to performing such labor, 
shall be considered to have hired the alien for em-
ployment in the United States in violation of para-
graph (1)(A). 
‘‘(4) TREATMENT
OF
DOCUMENTATION
FOR 
CERTAIN EMPLOYEES.— 
‘‘(A) IN GENERAL.—For purposes of this 
section, if— 
‘‘(i) an individual is a member of a 
collective-bargaining unit and is employed, 
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under a collective bargaining agreement 
entered into between one or more employee 
organizations and an association of two or 
more employers, by an employer that is a 
member of such association; and 
‘‘(ii) within the period specified in 
subparagraph (B), another employer that 
is a member of the association (or an 
agent of such association on behalf of the 
employer) has complied with the require-
ments of subsection (b) of this section with 
respect to the employment of the indi-
vidual, the subsequent employer shall be 
deemed to have complied with the require-
ments of subsection (b) of this section with 
respect to the hiring of the employee and 
shall not be liable for civil penalties de-
scribed in subsection (d)(4) of this section. 
‘‘(B) PERIOD.—The period described in 
this subparagraph is 3 years, or, if less, the pe-
riod of time that the individual is authorized to 
be employed in the United States. 
‘‘(C) LIABILITY.— 
‘‘(i) IN
GENERAL.—If any employer 
that is a member of an association hires 
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for employment in the United States an in-
dividual and relies upon the provisions of 
subparagraph (A) to comply with the re-
quirements of subsection (b) of this section 
and the individual is an alien not author-
ized to work in the United States, then for 
the purposes of paragraph (1)(A), subject 
to clause (ii), the employer shall be pre-
sumed to have known at the time of hiring 
or afterward that the individual was an 
alien not authorized to work in the United 
States. 
‘‘(ii) REBUTTAL OF PRESUMPTION.— 
The presumption established by clause (i) 
may be rebutted by the employer only 
through the presentation of clear and con-
vincing evidence that the employer did not 
know (and could not reasonably have 
known) that the individual at the time of 
hiring or afterward was an alien not au-
thorized to work in the United States. 
‘‘(iii) EXCEPTION.—Clause (i) shall 
not apply in any prosecution under sub-
section (e)(1) of this section. 
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‘‘(5) ORDER OF INTERNAL REVIEW AND CER-
TIFICATION OF COMPLIANCE.— 
‘‘(A) AUTHORITY
TO
REQUIRE
CERTIFI-
CATION.—If the Secretary has reasonable cause 
to believe that an employer has failed to comply 
with this section, the Secretary is authorized, at 
any time, to require that the employer certify 
that the employer is in compliance with this 
section or has instituted a program to come 
into compliance with the section. 
‘‘(B) CONTENT OF CERTIFICATION.—Not 
later than 60 days after the date an employer 
receives a request for a certification under sub-
paragraph (A) the employer shall certify under 
penalty of perjury that— 
‘‘(i) the employer is in compliance 
with the requirements of subsections (b) 
and (c); or 
‘‘(ii) that the employer has instituted 
a program to come into compliance with 
such requirements. 
‘‘(C) EXTENSION.—The 60-day period re-
ferred to in subparagraph (B), may be extended 
by the Secretary for good cause, at the request 
of the employer. 
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‘‘(D) PUBLICATION.—The Secretary is au-
thorized to publish in the Federal Register 
standards or methods for certification under 
subparagraph (A) and for specific record-
keeping practices with respect to such certifi-
cation, and procedures for the audit of any 
records related to such certification. 
‘‘(6) DEFENSE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an employer that establishes that 
the employer has complied in good faith, not-
withstanding a technical or procedural failure, 
with the requirements of subsections (b) and (c) 
with respect to the hiring of an individual has 
established an affirmative defense that the em-
ployer has not violated paragraph (1)(B) with 
respect to such hiring. 
‘‘(B) EXCEPTION.—Until the date that an 
employer is required to participate in the Elec-
tronic Employment Verification System under 
subsection (c), the employer may establish an 
affirmative defense under subparagraph (A) 
without a showing of compliance with sub-
section (c). 
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‘‘(7) NO AUTHORIZATION OF NATIONAL IDENTI-
FICATION CARDS.—Nothing in this title may be con-
strued to authorize, directly or indirectly, the 
issuance, use, or establishment of a national identi-
fication card or a national identification system. 
‘‘(b) DOCUMENT VERIFICATION REQUIREMENTS.— 
An employer hiring an individual for employment in the 
United States shall verify that the individual is eligible for 
such employment by meeting the following requirements: 
‘‘(1) ATTESTATION BY EMPLOYER.— 
‘‘(A) REQUIREMENTS.— 
‘‘(i) IN
GENERAL.—The employer 
shall attest, under penalty of perjury and 
on a form prescribed by the Secretary, that 
the employer has verified the identity and 
eligibility for employment of the individual 
by examining an original, unexpired docu-
ment or documents described in section 
274a.2(b)(1)(v) of title 8, Code of Federal 
Regulation as evidence of the individual’s 
employment authorization and identity. 
‘‘(ii) SIGNATURE
REQUIREMENTS.— 
An attestation required by clause (i) may 
be manifested by a handwritten or elec-
tronic signature. 
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‘‘(iii) 
STANDARDS
FOR
EXAMINA-
TION.—An employer has complied with the 
requirement of this paragraph with respect 
to examination of a document if the docu-
ment examined reasonably appears on its 
face to be genuine and relates to the indi-
vidual whose identity and eligibility for em-
ployment in the United States is being 
verified. Nothing in this paragraph may be 
construed as requiring the employer to so-
licit the production of any other document 
or as requiring the individual to produce 
such other document. 
‘‘(B) AUTHORITY
TO
PROHIBIT
USE
OF 
CERTAIN DOCUMENTS.— 
‘‘(i) AUTHORITY.—If the Secretary 
finds that a document or class of docu-
ments described in subparagraph (A)(i) is 
not reliable to establish identity or eligi-
bility for employment (as the case may be) 
or is being used fraudulently to an unac-
ceptable degree, the Secretary is author-
ized to prohibit, or impose conditions on, 
the use of such document or class of docu-
ments for purposes of this subsection. 
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‘‘(ii) REQUIREMENT
FOR
PUBLICA-
TION.—The Secretary shall publish notice 
of any findings under clause (i) in the Fed-
eral Register. 
‘‘(2) ATTESTATION OF INDIVIDUAL.— 
‘‘(A) IN
GENERAL.—The individual shall 
attest, under penalty of perjury on a form pre-
scribed by the Secretary, that the individual 
is— 
‘‘(i) a national of the United States; 
‘‘(ii) an alien lawfully admitted for 
permanent residence; or 
‘‘(iii) an alien who is authorized under 
this Act or by the Secretary to be em-
ployed in the United States. 
‘‘(B) SIGNATURE FOR EXAMINATION.—An 
attestation required by subparagraph (A) may 
be manifested by a handwritten or electronic 
signature. 
‘‘(C) 
PENALTIES.—An 
individual 
who 
falsely attests that he or she is eligible for em-
ployment in the United States shall be subject 
to the terms and penalties regarding document 
fraud described in section 274C of the Immi-
gration and Nationality Act. 
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‘‘(D) SCHEDULE.— 
‘‘(i) REPLACEMENT DOCUMENTS.—An 
employer shall accept a receipt for the ap-
plication for a replacement document or a 
document described in subparagraph (B) 
of subsection (b)(1) in lieu of the required 
document in order to comply with any re-
quirement to examine documentation im-
posed by this section, in the following cir-
cumstances: 
‘‘(I) The individual is unable to 
provide the required document within 
the time specified in this section be-
cause the document was lost, stolen, 
or damaged. 
‘‘(II) The individual presents a 
receipt for the application for the doc-
ument within the time specified in 
this section. 
‘‘(III) The individual presents 
the document within 90 days of the 
hire. If the actual document or re-
placement document is to be issued by 
the United States Citizenship and Im-
migration Services and the application 
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218 
is still under review 60 days after re-
ceipt of the application, United States 
Citizenship and Immigration Services 
shall, not later than the 60th day 
after receipt of the application, issue a 
letter for the applicant to take to the 
employer which shall automatically 
grant the individual an additional 90 
days from the original deadline in 
subsection (b)(6)(A)(i)(II) to present 
the document or replacement docu-
ment; and 
‘‘(ii) PROHIBITION
ON
ACCEPTANCE 
OF A RECEIPT FOR SHORT-TERM EMPLOY-
MENT.—An employer may not accept a re-
ceipt in lieu of the required document if 
the individual is hired for a duration of 
less than 10 working days. 
‘‘(3) DOCUMENT
RETENTION
AND
RECORD-
KEEPING REQUIREMENTS.—The System described in 
subsection (c) shall include an auto-save feature al-
lowing the employer to retain an electronic version 
of an attestation submitted under paragraph (1) or 
(2) for an individual and a record of any action 
taken, and copies of any correspondence written or 
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219 
received, with respect to the verification of an indi-
vidual’s identity or eligibility for employment in the 
United States, including records received through 
the Electronic Employment Verification System 
under subsection (c). The employer shall retain such 
records, either in electronic, paper, microfiche, or 
microfilm form, and make such attestations available 
for inspection by an officer of the Department of 
Homeland Security, any other person designated by 
the Secretary, the Special Counsel for Immigration- 
Related Unfair Employment Practices of the De-
partment of Justice, or the Secretary of Labor— 
‘‘(A) during a period beginning on the date 
of the hiring of the individual and ending on 
the date that is the later of— 
‘‘(i) 3 years after the date of such hir-
ing; or 
‘‘(ii) 1 year after the date the individ-
ual’s employment is terminated; or 
‘‘(B) during a shorter period determined 
by the Secretary, if the Secretary reduces the 
period described in subparagraph (A) for the 
employer or a class of employers that includes 
the employer. 
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220 
‘‘(C) USE OF RETAINED DOCUMENTS.—An 
employer shall use copies retained under clause 
(i) or (ii) of subparagraph (A) only for the pur-
poses of complying with the requirements of 
this subsection, except as otherwise permitted 
under law. 
‘‘(4) PENALTIES.—An employer that fails to 
comply with the requirement of this subsection shall 
be subject to the penalties described in subsection 
(d)(4)(B). 
‘‘(c) ELECTRONIC EMPLOYMENT VERIFICATION SYS-
TEM.— 
‘‘(1) REQUIREMENT
FOR
SYSTEM.—The Sec-
retary, in cooperation with the Commissioner of So-
cial Security, shall implement an Electronic Employ-
ment Verification System (referred to in this sub-
section as the ‘System’) as described in this sub-
section. 
‘‘(2) TECHNOLOGY STANDARD TO VERIFY EM-
PLOYMENT ELIGIBILITY.— 
‘‘(A) IN GENERAL.—The Secretary, based 
upon recommendations from the Director of the 
National Institute of Standards and Tech-
nology, shall not later than 180 days after the 
date of the enactment of the this Act develop 
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221 
and certify a technology standard as described 
in this subparagraph. The Secretary shall have 
discretion to extend the 180-day period if the 
Secretary determines that such extension will 
result in substantial improvement of the Sys-
tem. 
‘‘(B) INTEGRATED.—Notwithstanding any 
other provision of Federal law, the technology 
standard developed shall be the technological 
basis for a secure cross-agency, cross-platform 
electronic system that is a cost-effective, effi-
cient, fully integrated means to share immigra-
tion and Social Security information necessary 
to confirm the employment eligibility of all indi-
viduals seeking employment while protecting in-
dividual privacy. 
‘‘(C) REPORT.—Not later than 18 months 
after the date of the enactment of this Act, the 
Secretary and the Director of the National In-
stitute of Standards and Technology shall joint-
ly submit to Congress a report describing the 
development, implementation, efficacy, and pri-
vacy implications of the technology standard 
and the System. 
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222 
‘‘(3) IDENTITY AND EMPLOYMENT ELIGIBILITY 
VERIFICATION.—An employer shall verify the iden-
tity and eligibility for employment of an individual 
hired by the employer through the System as fol-
lows: 
‘‘(A) INITIAL
INQUIRY.—The employer 
shall submit through the Internet or other elec-
tronic media, or over a telephone line an inquiry 
through the System to seek confirmation of the 
individual’s identity and eligibility for employ-
ment in the United States not earlier than on 
the first day such employment actually com-
mences and not later than 5 working days after 
the date such employment actually commences. 
‘‘(i) IN
GENERAL.—The Secretary, 
through the System, shall confirm or ten-
tatively nonconfirm an individual’s identity 
and eligibility for employment in the 
United States not later than 1 working day 
after an employer submits an inquiry re-
garding the employee. 
‘‘(ii) MANUAL VERIFICATION.—If the 
System provides a tentative nonconfirma-
tion with respect to an individual under 
clause (i), the Secretary and/or Commis-
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223 
sioner shall complete a secondary manual 
verification not later than 6 working days 
after such tentative nonconfirmation is 
made. 
‘‘(iii) 
DETERMINATION.—Not 
later 
than 10 days after the employer submits 
an inquiry under subparagraph (A) the 
Secretary, through the System, shall pro-
vide to the employer the results of the 
verification required by clause (i) and (ii). 
Such results shall be a determination 
that— 
‘‘(I) confirms the individual’s 
identity and eligibility for employment 
in the United States; or 
‘‘(II) the System is tentatively 
unable to confirm the individual’s 
identity or eligibility for employment 
(referred to in this section as a ‘ten-
tative nonconfirmation’). 
‘‘(B) SUBMISSION OF INFORMATION.—An 
individual who is the subject of a tentative non-
confirmation may submit to the Secretary or 
Commissioner, through the System, information 
to confirm such individual’s identity or eligi-
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224 
bility for employment or to otherwise contest 
such tentative nonconfirmation not later than 
15 working days after the individual receives 
notice of such tentative nonconfirmation. 
‘‘(C) EXTENSION.—The 15-day period re-
ferred to in subparagraph (B) may be extended 
by the Secretary for good cause at the request 
of the individual. 
‘‘(D) PROHIBITION ON TERMINATION FOR 
TENTATIVE NONCONFIRMATION.—An employer 
may not terminate the employment of an indi-
vidual based on tentative nonconfirmation. 
‘‘(E) FINAL DETERMINATION.—Not later 
than 10 days after the individual contests such 
tentative nonconfirmation or, in the case of an 
individual who fails to contest such tentative 
nonconfirmation, not later than 25 days after 
the date of the initial tentative nonconfirma-
tion, the Secretary shall provide, through the 
system to the employer the results of the 
verification. Such results shall be a determina-
tion that— 
‘‘(i) confirms the individual’s identity 
and eligibility for employment in the 
United States; or 
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225 
‘‘(ii) the System is unable to confirm 
the individual’s identity or eligibility for 
employment (referred to in this section as 
a ‘final nonconfirmation’). 
‘‘(F) ADMINISTRATIVE AND JUDICIAL RE-
VIEW.—If the Secretary, through the System, 
provides a final nonconfirmation with respect to 
an individual, the individual shall have the right 
to administrative review under paragraph (21) 
and judicial review under paragraph (22) of 
such final nonconfirmation. 
‘‘(G) TERMINATION OF EMPLOYEE.—If an 
employer receives a final nonconfirmation with 
respect to an individual under paragraph (E), 
the employer shall terminate the employment of 
such individual after the conclusion of the 30- 
day period for the individual to file an adminis-
trative appeal as described in paragraph (21), 
unless the Secretary or the Commissioner stays 
the final nonconfirmation notice pending the 
resolution of the administrative appeal or judi-
cial review. 
‘‘(H) RIGHT
TO
REVIEW
AND
CORRECT 
SYSTEM INFORMATION.— 
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226 
‘‘(i) The Secretary, in consultation 
with the Commissioner of Social Security, 
shall establish procedures to permit an in-
dividual to verify the individual’s eligibility 
for employment in the United States prior 
to obtaining or changing employment, to 
view the individual’s own records in the 
System in order to ensure the accuracy of 
such records, and to correct or update the 
information used by the System regarding 
the individual. To the greatest practicable 
extent such procedures shall allow elec-
tronic submission of such information. 
‘‘(ii) The Secretary, in consultation 
with the Commissioner of Social Security, 
shall establish procedures for an Enhanced 
Verification System under paragraph (25) 
through which an individual who has 
viewed the individual’s own record may 
electronically block he use of the individ-
ual’s social security number and may reg-
ister a phone number or e-mail address to 
be contacted upon removal of the block 
under the System and remove such block 
in order to prevent the fraudulent or other 
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227 
misuse of a social security account num-
ber, prevent employer misuse of the sys-
tem, protect privacy, and limit erroneous 
non-confirmations 
during 
employment 
verification. 
‘‘(H) REVERIFICATION.— 
‘‘(i) IN GENERAL.—It is an unfair im-
migration-related 
employment 
practice 
under section 274B for an employer to 
reverify an individual’s identity and em-
ployment eligibility unless— 
‘‘(I) the individual’s work author-
ization expires as described in section 
274a.2(b)(1)(vii) of title 8, Code of 
Federal Regulation or a subsequent 
similar regulation, in which case— 
‘‘(aa) not later than 30 days 
prior to the expiration of the in-
dividual’s work authorization, the 
Secretary shall notify the em-
ployer of such expiration and of 
the employer’s need to reverify 
the individual’s employment eligi-
bility; and 
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228 
‘‘(bb) the individual may 
present, and the employer shall 
accept, a receipt for the applica-
tion for a replacement document, 
extension of work authorization, 
or a document described in 
clause (i) through (v) of subpara-
graph (B) of subsection (b)(1) in 
lieu of the required document by 
the expiration date in order to 
comply with any requirement to 
examine documentation imposed 
by this section, and the individual 
shall present the required docu-
ment within 90 days from the 
date the employment authoriza-
tion expires. If the actual docu-
ment or replacement document is 
to be issued by United States 
Citizenship 
and 
Immigration 
Services and the application is 
still under review 60 days after 
the employment authorization ex-
piration date, United States Citi-
zenship and Immigration Services 
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229 
shall by the 60th day after the 
expiration date of the employ-
ment authorization, issue a letter 
for the applicant to take to the 
employer which shall automati-
cally grant the individual an ad-
ditional 90 days to present the 
document or replacement docu-
ment; and 
‘‘(II) the employer has actual or 
constructive knowledge that the indi-
vidual is not authorized to work in the 
United States; or 
‘‘(III) unless otherwise required 
by law. 
‘‘(ii) CONTINUING EMPLOYMENT.—An 
employer may not verify an individual’s 
employment eligibility if the individual is 
continuing in his or her employment as de-
scribed in section 274a.2(b)(1)(viii) of title 
8, Code of Federal Regulation or any sub-
sequent similar regulation. 
‘‘(4) DESIGN AND OPERATION OF SYSTEM.— 
The Secretary, in consultation with the Commis-
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230 
sioner of Social Security, shall design and operate 
the System— 
‘‘(A) to maximize reliability and ease of 
use by employers and employees in a manner 
that protects and maintains the privacy and se-
curity of the information maintained in the Sys-
tem; 
‘‘(B) to permit an employer to submit an 
inquiry to the System through the Internet or 
other electronic media or over a telephone line; 
‘‘(C) to respond to each inquiry made by 
an employer; 
‘‘(D) to maintain a record of each such in-
quiry and each such response; 
‘‘(E) to track and record any occurrence 
when the System is unable to receive such an 
inquiry; 
‘‘(F) to include appropriate administrative, 
technical, and physical safeguards to prevent 
unauthorized disclosure of personal information 
during use, transmission, storage, or disposal of 
that 
information, 
including 
the 
use 
of 
encryption, carrying out periodic testing of the 
System to detect, prevent, and respond to 
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231 
vulnerabilities or other failures, and utilizing 
periodic security updates; 
‘‘(G) to allow for monitoring of the use of 
the System and provide an audit capability; 
‘‘(H) to have reasonable safeguards, devel-
oped in consultation with the Attorney General, 
to prevent employers from engaging in unlawful 
discriminatory practices; 
‘‘(I) to permit an employer to submit the 
attestations required by subsection (b); and 
‘‘(J) to permit an employer to utilize any 
technology that is consistent with this section 
and with any regulation or guidance from the 
Secretary to streamline the procedures to com-
ply with the attestation and employment eligi-
bility verification requirements contained in this 
section. 
‘‘(5) 
LIMITATION
ON
DATA
ELEMENTS 
STORED.— 
‘‘(A) The System and any databases cre-
ated by the Commissioner of Social Security or 
the Secretary for use in the System shall store 
only the minimum data about each individual 
for whom an inquiry was made through the 
System to facilitate the successful operation of 
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the System, and in no case shall the data stored 
be other than— 
‘‘(i) the individual’s full legal name; 
‘‘(ii) the individual’s date of birth; 
‘‘(iii) the individual’s social security 
account number or employment authoriza-
tion status identification number; 
‘‘(iv) the address of the employer 
making the inquiry and the dates of any 
prior inquiries concerning the identity and 
authorization of the individual by the em-
ployer or any other employer and the ad-
dress of such employer; 
‘‘(v) a record of each prior determina-
tion regarding the individual’s identity and 
employment eligibility issued through the 
System; and 
‘‘(vi) in the case of the individual who 
successfully contested or appealed a ten-
tative nonconfirmation or final noncon-
firmation, explanatory information con-
cerning the successful resolution of any er-
roneous data or confusion regarding the 
identity or eligibility for employment of the 
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233 
individual, including the source of that 
error. 
‘‘(B) Information provided pursuant to 
subsection (c)(5)(A)(i)–(v) shall be deleted from 
the System one year after the date of entry un-
less the Secretary shall determine it is relevant 
to an ongoing determination or appeal, a review 
of errors or compensation for errors, or an on-
going investigation of fraud or misuse of the 
system. The Secretary shall not retain any data 
pursuant to this subsection after the completion 
of an appeal or investigation except as de-
scribed in subsection (c)(5)(A)(vi). 
‘‘(6) RESPONSIBILITIES OF THE COMMISSIONER 
OF SOCIAL SECURITY.—The Commissioner of Social 
Security shall establish a reliable, secure method to 
provide through the System, within the time periods 
required by subparagraphs (B) and (C) of para-
graph (2)— 
‘‘(A) a confirmation of whether or not the 
individual is a United States citizen; 
‘‘(B) a determination of whether the name 
and social security account number provided, 
with respect to an individual, in an inquiry by 
an employer, match such information main-
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tained by the Commissioner in order to confirm 
the validity of the information provided; 
‘‘(C) a determination of whether such so-
cial security account number was issued to the 
individual; and 
‘‘(D) a determination described in subpara-
graph (B) or (C) of paragraph (2), in a manner 
that ensures that other information maintained 
by the Commissioner is not disclosed or re-
leased to employers through the System. 
‘‘(7) RESPONSIBILITIES OF THE SECRETARY.— 
The Secretary shall establish a reliable, secure meth-
od to provide, through the System, within the time 
periods required by subparagraphs (B) and (C) of 
paragraph (2)— 
‘‘(A) a determination of whether the name 
and alien identification or authorization number 
provided, with respect to an individual, in an in-
quiry by an employer match such information 
maintained by the Secretary in order to confirm 
the validity of the information provided; 
‘‘(B) a determination of whether such 
number was issued to the individual; 
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‘‘(C) a determination of whether the indi-
vidual is authorized to be employed in the 
United States; and 
‘‘(D) any other related information that 
the Secretary determines is appropriate. 
‘‘(8) 
PRIVACY
IMPACT
ASSESSMENT.—The 
Commissioner of Social Security and the Secretary 
shall each complete a privacy impact assessment as 
described in section 208 of the E-Government Act of 
2002 (Public Law 107–347; 44 U.S.C. 3501 note) 
with regard to the System. 
‘‘(9) TRAINING.—Not later than 6 months be-
fore implementation of the EEVS, the Commissioner 
of Social Security and the Secretary shall institute 
a comprehensive program of outreach and training 
for employers regarding the operation of the 
verification system described in this section and in-
forming them of ongoing assistance resources for the 
implementation and use of such systems. 
‘‘(10) PUBLIC EDUCATION.—Not later than 6 
months before implementation of the EEVS, the 
Commissioner of Social Security and the Secretary 
shall develop a public education campaign regarding 
the obligations imposed by this section as well as in-
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structional materials provided without cost to the 
public regarding how to use the EEVS. 
‘‘(11) HOTLINE.—The Secretary shall establish 
a fully staffed 24-hour toll-free hotline that shall re-
ceive inquiries from individuals or employers con-
cerning determinations made by the System and 
shall identify for an individual, at the time of in-
quiry, the particular data that resulted in a deter-
mination that the System was unable to verify the 
individual’s identity or eligibility for employment. 
‘‘(12) PARTICIPATION.— 
‘‘(A) 
REQUIREMENTS
FOR
PARTICIPA-
TION.—Except as provided in subparagraphs 
(D) and (E), the Secretary shall require em-
ployers to participate in the System as follows: 
‘‘(i) CRITICAL EMPLOYERS.—Not later 
than 6 months after the date of enactment 
of this Act, the Secretary shall require all 
agencies and departments of the United 
States (including the Armed Forces), a 
State government (including a State em-
ployment agency before making a referral), 
or any other employer if it employs individ-
uals working in a location that is a Fed-
eral, State, or local government building, a 
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military base, a nuclear energy site, a 
weapon site, or an airport, but only to the 
extent of such individuals, to participate in 
the System, with respect to all individuals 
hired after the date the Secretary requires 
such participation. 
‘‘(ii) LARGE EMPLOYERS.—Not later 
than 1 year after the date of enactment of 
this Act the Secretary shall require an em-
ployer with 5,000 or more employees in the 
United States to participate in the System, 
with respect to all employees hired by the 
employer after the date the Secretary re-
quires such participation. 
‘‘(iii) MIDSIZED
EMPLOYERS.—Not 
later than 2 years after the date of enact-
ment of this Act the Secretary shall re-
quire an employer with less than 5,000 
employees and 1,000 or more employees in 
the United States to participate in the Sys-
tem, with respect to all employees hired by 
the employer after the date the Secretary 
requires such participation. 
‘‘(iv) SMALL EMPLOYERS.—Not later 
than 3 years after the date of the enact-
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ment of the this Act, the Secretary shall 
require all employers with less than 1,000 
employees in the United States to partici-
pate in the System, with respect to all em-
ployees hired by the employer after the 
date the Secretary requires such participa-
tion. 
‘‘(B) REQUIREMENT
TO
PUBLISH.—The 
Secretary shall publish in the Federal Register 
the requirements for participation in the Sys-
tem for employers described in clauses (i) 
through (iv) of subparagraph (A) prior to the 
effective date of such requirements. 
‘‘(C) OTHER PARTICIPATION IN SYSTEM.— 
Notwithstanding subparagraph (A), the Sec-
retary has the authority to permit any employer 
that is not required to participate in the System 
under subparagraph (A) to participate in the 
System on a voluntary basis 
‘‘(D) WAIVER.— 
‘‘(i) AUTHORITY TO PROVIDE A WAIV-
ER.—The Secretary is authorized to waive 
or delay the participation requirements of 
subparagraph (A) with respect to any em-
ployer or class of employers if the Sec-
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retary provides notice to Congress of such 
waiver prior to the date such waiver is 
granted. 
‘‘(ii) REQUIREMENT
TO
PROVIDE
A 
WAIVER.—The Secretary shall waive or 
delay the participation requirements of 
subparagraph (A) with respect to any em-
ployer or class of employers until the date 
that the Comptroller General of the United 
States submits the initial certification de-
scribed in paragraph (19)(E) and shall 
waive or delay such participation during a 
year if the Comptroller General fails to 
submit a certification of paragraph (19)(E) 
for such year. 
‘‘(E) CONSEQUENCE OF FAILURE TO PAR-
TICIPATE.—If an employer is required to par-
ticipate in the System and fails to comply with 
the requirements of the System with respect to 
an individual— 
‘‘(i) such failure shall be treated as a 
violation of subsection (a)(1)(B); and 
‘‘(ii) a rebuttable presumption is cre-
ated that the employer has violated sub-
section (a)(1)(A), however, such presump-
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tion may not apply to a prosecution under 
subsection (e)(1). 
‘‘(13) EMPLOYER REQUIREMENTS.— 
‘‘(A) IN GENERAL.—An employer that par-
ticipates in the System, with respect to the hir-
ing of an individual for employment in the 
United States, shall— 
‘‘(i) notify the individual of the use of 
the System and that the System may be 
used for immigration enforcement pur-
poses; 
‘‘(ii) obtain from the individual the 
documents required by subsection (b)(1) 
and record on the form designated by the 
Secretary— 
‘‘(I) the individual’s social secu-
rity account number; and 
‘‘(II) in the case of an individual 
who does not attest that the indi-
vidual is a national of the United 
States under subsection (b)(2), such 
identification or authorization number 
that the Secretary shall require; 
‘‘(iii) retain such form in electronic, 
paper, microfilm, or microfiche form and 
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make such form available for inspection for 
the periods and in the manner described in 
subsection (b)(3); and 
‘‘(iv) safeguard any information col-
lected for purposes of the System and pro-
tect any means of access to such informa-
tion to ensure that such information is not 
used for any purpose other than to deter-
mine the identity and employment eligi-
bility of the individual and to protect the 
confidentiality of such information, includ-
ing ensuring that such information is not 
provided to any person other than a person 
who carries out the employer’s responsibil-
ities under this subsection. Failure to safe-
guard such information shall be a violation 
of subsection (c)(14). 
‘‘(B) CONFIRMATION, TENTATIVE NONCON-
FIRMATION, OR FINAL NONCONFIRMATION.— 
‘‘(i) CONFIRMATION.—If an employer 
receives a determination through the Sys-
tem under paragraph (3) for an individual, 
the employer shall retain either an elec-
tronic, paper, or microfiche form record of 
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such confirmation for the period required 
by subsection (b)(4)(A). 
‘‘(ii) TENTATIVE
NONCONFIRMATION 
AND VERIFICATION.— 
‘‘(I) NONCONFIRMATION.—If an 
employer receives a tentative noncon-
firmation with respect to an indi-
vidual, the employer shall retain either 
an electronic or paper record of such 
nonconfirmation for the period re-
quired by subsection (b)(4)(A) and in-
form such individual not later than 3 
working days after the issuance of 
such notice in the manner prescribed 
by the Secretary that includes infor-
mation 
regarding 
the 
individual’s 
right to submit information to contest 
the tentative nonconfirmation and the 
address and telephone numbers estab-
lished by the Commissioner and the 
Secretary to obtain information on 
how to submit such information. The 
individual must acknowledge in writ-
ing whether or not the individual 
chooses to contest or not contest the 
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tentative nonconfirmation. The em-
ployer shall submit to the System the 
individual’s action. 
‘‘(II) NO CONTEST.—If the indi-
vidual does not contest the tentative 
nonconfirmation 
notice 
within 
working days of receiving notice from 
the individual’s employer, the notice 
shall become final and the employer 
shall retain either an electronic or 
paper record of such final noncon-
firmation for the period required by 
subsection (b)(4)(A). An individual’s 
failure to contest a tentative noncon-
firmation may not be the basis for de-
termining that the employer acted in 
a knowing (as defined in section 
274a.1 of title 8, Code of Federal 
Regulations, or any corresponding 
similar regulation) manner. 
‘‘(III) CONTEST.—If the indi-
vidual contests the tentative noncon-
firmation notice under subclause (I), 
the individual shall submit appro-
priate information to contest such no-
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tice to the Secretary or Commissioner 
of Social Security within 15 working 
days of receiving notice from the indi-
vidual’s employer and shall utilize the 
verification process developed under 
paragraph (3)(B). 
‘‘(IV) EFFECTIVE
PERIOD
OF 
TENTATIVE
NONCONFIRMATION.—A 
tentative nonconfirmation notice shall 
remain in effect until such notice be-
comes final under clause (II) or a 
final confirmation notice or final non-
confirmation notice is issued by the 
System. 
‘‘(V) 
PROHIBITION.—An 
em-
ployer may not terminate the employ-
ment of an individual based on a ten-
tative nonconfirmation notice. Noth-
ing in this clause shall apply to termi-
nation of employment for any legiti-
mate reason other than because of 
such a tentative nonconfirmation. 
‘‘(iii) FINAL NONCONFIRMATION.— 
‘‘(I) If an employer has received 
a final nonconfirmation with respect 
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246 
tion is created that the employer has 
violated 
subsections 
paragraphs 
(1)(A) and (2) of subsection (a). Such 
presumption may not apply to a pros-
ecution under subsection (e)(1). 
‘‘(14) PROHIBITION OF UNLAWFUL ACCESSING 
AND OBTAINING OF INFORMATION.— 
‘‘(A) IN GENERAL.—It shall be unlawful 
for any individual other than an employee of 
the Social Security Administration or the De-
partment of Homeland Security specifically 
charged with maintaining the System to inten-
tionally and knowingly— 
‘‘(i) access the System or the data-
bases utilized to verify identity or employ-
ment eligibility for the System for any pur-
pose other than verifying identity or em-
ployment eligibility or modifying the Sys-
tem pursuant to law or regulation; or 
‘‘(ii) obtain the information con-
cerning an individual stored in the System 
or the databases utilized to verify identity 
or employment eligibility for the System 
for any purpose other than verifying iden-
tity or employment authorization or modi-
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247 
fying the System pursuant to law or regu-
lation. 
‘‘(B) PENALTIES.— 
‘‘(i) UNLAWFUL
ACCESS.—Any indi-
vidual who unlawfully accesses the System 
or the databases as described in subpara-
graph (A)(i) shall be fined no more than 
$1,000 per individual or sentenced to no 
more than 6 months imprisonment or both 
per individual whose file was compromised. 
‘‘(ii) UNLAWFUL
USE.—Any indi-
vidual who unlawfully obtains information 
stored in the System in the database uti-
lized to verify identity or employment eligi-
bility for the System and uses the informa-
tion to commit identity theft for financial 
gain or to evade security or to assist an-
other in gaining financially or evading se-
curity, shall be fined no more than 
$10,000 per individual or sentenced to no 
more than 1 year of imprisonment or both 
per individual whose information was ob-
tained and misappropriated. 
‘‘(15) PROTECTION FROM LIABILITY.—No em-
ployer that participates in the System and complies 
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in good faith with the attestation in subsection 
(b)(1) and the employer requirements of this section 
shall be liable under any law for any employment-re-
lated action taken with respect to an individual in 
good faith reliance on information provided by the 
System regarding that individual. 
‘‘(16) LIMITATION ON USE OF THE SYSTEM.— 
Notwithstanding any other provision of law, nothing 
in this subsection shall be construed to permit or 
allow any department, bureau, or other agency of 
the United States to utilize any information, data-
base, or other records used in the System for any 
purpose other than as provided for under this sub-
section. 
‘‘(17) ACCESS
TO
DATABASE.—No officer or 
employee of any agency or department of the United 
States, other than such an officer or employee who 
is responsible for the verification of employment eli-
gibility or for the evaluation of an employment eligi-
bility verification program at the Social Security Ad-
ministration, the Department of Homeland Security, 
and the Department of Labor, may have access to 
any information, database, or other records utilized 
by the System. 
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249 
‘‘(18) MODIFICATION
AUTHORITY.—The Sec-
retary, after notice is submitted to Congress and 
provided to the public in the Federal Register, is au-
thorized to modify the requirements of this sub-
section, including requirements with respect to com-
pletion of forms, method of storage, attestations, 
copying of documents, signatures, methods of trans-
mitting information, and other operational and tech-
nical aspects to improve the efficiency, accuracy, and 
security of the System. 
‘‘(19) ANNUAL STUDY AND REPORT.— 
‘‘(A) REQUIREMENT
FOR
STUDY.—The 
Comptroller General of the United States shall 
conduct an annual study of the System as de-
scribed in this paragraph. 
‘‘(B) PURPOSE
OF
THE
STUDY.—The 
Comptroller General shall, for each year, under-
take a study to determine whether the System 
meets the following requirements: 
‘‘(i) DEMONSTRATED
ACCURACY
OF 
THE
DATABASES.—New information and 
information changes submitted by an indi-
vidual to the System is updated in all of 
the relevant databases not later than 3 
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250 
working days after submission in at least 
99 percent of all cases. 
‘‘(ii) LOW ERROR RATES AND DELAYS 
IN VERIFICATION.— 
‘‘(I) RATES OF INCORRECT FINAL 
NONCONFIRMATION
NOTICES.—That, 
during a year, not more than .5 per-
cent of all final nonconfirmations pro-
vided through the System during such 
year are incorrect. 
‘‘(II) RATES OF INCORRECT TEN-
TATIVE
NONCONFIRMATION
NO-
TICES.— 
‘‘(aa) That, during a year, 
not more than 1 percent of na-
tive-born United States citizens 
whose identity and work eligi-
bility are submitted to the system 
is the subject of a tentative non-
confirmation. 
‘‘(bb) That, during a year, 
not more than 3 percent of for-
eign-born, work authorized indi-
viduals whose identity and work 
eligibility are submitted to the 
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System are the subject of a ten-
tative nonconfirmation. 
‘‘(iii) 
CONTAINMENT
OF
ERROR 
RATES.—That, during a year, the rate of 
incorrect final and incorrect tentative non-
confirmations shall not have increased by 
more than 3 percent over the previous 
year. 
‘‘(iv) MEASURABLE
EMPLOYER
COM-
PLIANCE WITH SYSTEM REQUIREMENTS.— 
‘‘(I) NO DISCRIMINATION BASED 
ON
SYSTEM
OPERATIONS.—The Sys-
tem has not resulted in increased em-
ployment discrimination on the basis 
of race or national origin. 
‘‘(II) REQUIREMENT FOR INDE-
PENDENT STUDY.—The determination 
described in subclause (I) shall be 
based on an independent study com-
missioned by the Comptroller General 
in each phase of expansion of the Sys-
tem. 
‘‘(v) PROTECTION OF WORKERS’ PRI-
VATE INFORMATION.—At least 97 percent 
of employers who participate in the System 
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are in full compliance with the privacy re-
quirements described in this subsection. 
‘‘(vi) EFFECTIVE SECURITY.—An as-
sessment of the privacy and confidentiality 
of the system and of the overall security of 
the system with respect to cybertheft and 
theft and misuse of private data. 
‘‘(vii) ADEQUATE
AGENCY
STAFFING 
AND FUNDING.—The Secretary and Com-
missioner of Social Security have sufficient 
funding to meet all of the deadlines and re-
quirements of this subsection. 
‘‘(C) CONSULTATION.—In conducting a 
study under this paragraph, the Comptroller 
General shall consult with representatives of 
business, labor, immigrant communities, State 
governments, privacy advocates, and appro-
priate departments of the United States. 
‘‘(D) REQUIREMENT FOR REPORTS.—Not 
later than 21 months after the date of the en-
actment of this Act and annually thereafter, the 
Comptroller General shall submit to the Sec-
retary and to Congress a report containing the 
findings of the study carried out under this 
paragraph. 
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253 
‘‘(E) CERTIFICATION.—If the Comptroller 
General determines that the System meets the 
requirements set out in clauses (i) through (vii) 
of subparagraph (B) for a year, the Comptroller 
shall certify such determination and submit 
such certification to Congress with the report 
required by subparagraph (D). 
‘‘(20) ANNUAL AUDIT AND REPORT.— 
‘‘(A) PURPOSE OF THE AUDIT AND RE-
PORT.—The Office for Civil Rights and Civil 
Liberties shall conduct annual audits of the sys-
tem described in section 403(a) of the Illegal 
Immigration Reform and Responsibility Act of 
1996, Public Law 104–208, Div. C, 110 Stat. 
3009-546, to assess employer compliance with 
System requirements, including civil rights and 
civil liberties protections, and compliance with 
the System rules and procedures set forth in 
the Memorandum of Understanding between 
employers and the Social Security Administra-
tion and the Department of Homeland Security. 
‘‘(B) REQUIREMENTS OF AUDIT.—Annual 
audits shall include, but are not limited to, the 
following activities: 
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‘‘(i) Use of testers to check if employ-
ers are using E-Verify as outlined in the 
Memorandum of Understanding between 
employers and the Department of Home-
land Security and the Social Security Ad-
ministration, including if employers are 
misusing the system to prescreen job appli-
cants, if employers are giving proper notifi-
cation to employees’ regarding tentative 
non-confirmations, and if employers are 
taking adverse actions against workers 
based upon tentative non-confirmations. 
‘‘(ii) Random audits of employers to 
confirm that employers are using the sys-
tem as outlined in the Memorandum of 
Understanding and in a manner consistent 
with civil rights and civil liberties protec-
tions. 
‘‘(iii) Periodic audits of employers for 
which the Special Counsel has received in-
formation or complaints and/or actual 
charges of citizenship/national origin dis-
crimination or document abuse. 
‘‘(C) AUTHORITY
OF
OFFICE
FOR
CIVIL 
RIGHTS
AND
CIVIL
LIBERTIES.—The Office 
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shall have the authority to obtain from users of 
the E-Verify program relevant documents and 
testimony and answers to written interrog-
atories. The Office shall also have the authority 
to conduct site visits, and interview employees. 
‘‘(D) FAILURE
OF
EMPLOYERS
TO
CO-
OPERATE.—Employers that fail to cooperate 
with the Office for Civil Rights and Civil Lib-
erties shall be noted in the annual report set 
forth below in subsection (E). 
‘‘(E) REQUIREMENT FOR REPORTS.—Not 
later than 18 months after the date of enact-
ment of this Act, and annually thereafter, the 
Office for Civil Rights and Civil Liberties shall 
submit to the President of the Senate, the 
Speaker of the House of Representatives, and 
the appropriate committees and subcommittees 
of Congress a report containing the findings of 
the audit carried out under this paragraph. 
‘‘(21) ADMINISTRATIVE REVIEW.— 
‘‘(A) IN GENERAL.—An individual who re-
ceives a final nonconfirmation may, not later 
than 30 days after the date of such notice, file 
an appeal of such final nonconfirmation. An in-
dividual subject to a final nonconfirmation may 
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file an appeal thereof after the 30-day period if 
the appeal is accompanied by evidence that the 
individual did not receive timely notice of a ten-
tative or final nonconfirmation, or that there 
was good cause for the failure to file an appeal 
within the 30-day period. 
‘‘(B) PROCEDURES.— 
‘‘(i) The Secretary and Commissioner 
of Social Security shall develop procedures 
to review appeals filed under subparagraph 
(A) and to make final determinations on 
such appeals. The review on appeal may 
include any additional or newly discovered 
evidence presented by the appellant during 
the time of the pending appeal or subse-
quently by motion to reopen. 
‘‘(ii) The Secretary or the Commis-
sioner shall stay the final nonconfirmation 
notice pending the resolution of the admin-
istrative appeal unless the Secretary or the 
Commissioner determines that the admin-
istrative appeal is frivolous, unlikely to 
succeed on the merits, or filed for purposes 
of delay. 
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‘‘(C) REVIEW FOR ERRORS.—If a final de-
termination on an appeal filed under subpara-
graph (A) results in a confirmation of an indi-
vidual’s eligibility for employment in the United 
States, the administrative review process shall 
require the Secretary to determine if the final 
nonconfirmation issued for the individual was 
the result of— 
‘‘(i) an error or negligence on the part 
of an employee or official operating or re-
sponsible for the System; 
‘‘(ii) an error or negligence on the 
part of an employer or entity acting on be-
half of the employer; 
‘‘(iii) the decision rules, processes, or 
procedures utilized by the System; or 
‘‘(iv) erroneous system information 
that was not the result of acts or omissions 
of the individual. 
‘‘(D) COMPENSATION FOR ERROR.— 
‘‘(i) IN GENERAL.—If the individual 
was denied a stay under subparagraph 
(B)(2) and Secretary makes a determina-
tion under subparagraph (C) that the final 
nonconfirmation issued for an individual 
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was not caused by an act or omission of 
the individual or the employer, the Sec-
retary shall compensate the individual for 
lost wages and for reasonable costs and at-
torneys’ fees not exceeding $75,000, sub-
ject to annual inflation adjustments per 
the US Consumer Price Index - All Urban 
Consumers (CPI-U) compiled by the Bu-
reau of Labor Statistics. 
‘‘(ii) 
CALCULATION
OF
LOST 
WAGES.—Lost wages shall be calculated 
based on the wage rate and work schedule 
that prevailed prior to termination. The in-
dividual shall be compensated for wages 
lost beginning on the first scheduled work 
day after employment was terminated and 
ending 180 days after completion of the 
administrative review process described in 
this paragraph, or judicial review if any, or 
the day after the individual is reinstated or 
obtains employment elsewhere, whichever 
occurs first. If the individual obtains em-
ployment elsewhere at a lower wage rate, 
the individual shall be compensated for the 
difference in wages for the period ending 
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180 days after completion of the adminis-
trative review process or judicial review, if 
any. 
‘‘(iii) LIMITATION
ON
COMPENSA-
TION.—For purposes of determining an in-
dividual’s compensation for the loss of em-
ployment, such compensation shall not in-
clude any period in which the individual 
was ineligible for employment in the 
United States. 
‘‘(iv) SOURCE OF FUNDS.—Compensa-
tion or reimbursement provided under this 
paragraph shall not be provided from 
funds appropriated in annual appropria-
tions Acts to the Secretary for the Depart-
ment of Homeland Security. 
‘‘(E) TEMPORARY STAY OF FINAL ADMIN-
ISTRATIVE DECISION DENYING APPEAL.—If the 
appeal is denied, the Secretary shall stay the 
decision for a period of 15 days to permit the 
individual to seek judicial review of the decision 
pursuant to paragraph (21). 
‘‘(22) JUDICIAL REVIEW.— 
‘‘(A) IN
GENERAL.—After the Secretary 
makes a final determination on an appeal filed 
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by an individual under paragraph (19), the in-
dividual may obtain judicial review of such de-
termination in a civil action commenced not 
later than 90 days after notice of such decision, 
or such further time as the Secretary may 
allow. 
‘‘(B) JURISDICTION.—A civil action for 
such judicial review shall be brought in the dis-
trict court of the United States for the judicial 
district in which the plaintiff resides, or has a 
principal place of business, or, if the plaintiff 
does not reside or have a principal place of 
business within any such judicial district, in the 
District Court of the United States for the Dis-
trict of Columbia. 
‘‘(C) ANSWER.—As part of the Secretary’s 
answer to a complaint for such judicial review, 
the Secretary shall file a certified copy of the 
administrative record compiled during the ad-
ministrative review under paragraph (21), in-
cluding the evidence upon which the findings 
and decision complained of are based. The court 
shall have power to enter, upon the pleadings 
and transcript of the record, a judgment affirm-
ing or reversing the result of that administra-
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tive review, with or without remanding the 
cause for a rehearing. 
‘‘(D) COMPENSATION FOR ERROR.— 
‘‘(i) IN GENERAL.—In cases in which 
the individual was denied a stay under 
subparagraph (19)(B)(2) and such judicial 
review reverses the final determination of 
the Secretary made under paragraph (21), 
the court shall compensate the individual 
for lost wages and for reasonable costs and 
attorneys’ fees not exceeding $75,000, sub-
ject to annual inflation adjustments per 
the US Consumer Price Index - All Urban 
Consumers (CPI-U) compiled by the Bu-
reau of Labor Statistics. 
‘‘(ii) 
CALCULATION
OF
LOST 
WAGES.—Lost wages shall be calculated 
based on the wage rate and work schedule 
that prevailed prior to termination. The in-
dividual shall be compensated for wages 
lost beginning on the first scheduled work 
day after employment was terminated and 
ending 180 days after completion of the ju-
dicial review described in this paragraph or 
the day after the individual is reinstated or 
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obtains employment elsewhere, whichever 
occurs first. If the individual obtains em-
ployment elsewhere at a lower wage rate, 
the individual shall be compensated for the 
difference in wages for the period ending 
180 days after completion of the adminis-
trative and judicial review process. 
‘‘(23) PRIVATE RIGHT OF ACTION.—If the Sec-
retary makes a determination under paragraph (21) 
that the final nonconfirmation issued for an indi-
vidual was caused by an act or negligence on the 
part of the employer, the individual may seek recov-
ery of damages, reinstatement, back pay, and other 
appropriate remedies in a civil action against the 
employer. Such action must be commenced not later 
than 90 days after notice of the Secretary’s decision. 
The action shall be brought in the district court of 
the United States for the judicial district in which 
the plaintiff resides, or has a principal place of busi-
ness, or, if the plaintiff does not reside or have a 
principal place of business within any such judicial 
district, in the District Court of the United States 
for the District of Columbia. 
‘‘(24) STATUTORY CONSTRUCTION.—Nothing in 
this subsection shall affect any existing rights and 
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obligations of employers or employees under other 
Federal, State, or local laws. 
‘‘(25) ENHANCED VERIFICATION SYSTEM.—The 
Secretary, in consultation with the Commissioner of 
Social Security, shall establish a voluntary self- 
verification system in order to prevent the fraudu-
lent or other misuse of the individual’s Social Secu-
rity number during employment verification, to pre-
vent employer misuse of the system, to protect pri-
vacy, and to limit erroneous nonconfirmation during 
employment verification. The voluntary system shall 
allow an individual to verify the individual’s own 
record, to block and unblock the use of the individ-
ual’s Social Security number, and to register a 
phone number or e-mail address to be contacted 
upon removal of the block. 
‘‘(A) VOLUNTARY ENROLLMENT.—An indi-
vidual may enroll in the Enhanced Verification 
System on a voluntary basis. 
‘‘(B) SELECT ENTITIES REQUIRED TO PAR-
TICIPATE
IN
THE
ENHANCED
VERIFICATION 
SYSTEM.— 
‘‘(i) 
EXECUTIVE
DEPARTMENTS.— 
Each Department of the Federal Govern-
ment shall elect to participate in the En-
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a single-use encrypted code which may be 
presented to the employer instead of the 
documents described in subsection (b) and 
for the employer to submit the encrypted 
single-use code to the system. 
‘‘(ii) CONFIRMATION.—An employer 
who submits a valid single-use encrypted 
code with respect to an individual shall im-
mediately receive a confirmation through 
the system. 
‘‘(iii) 
EXPEDITED
REVIEW
PROC-
ESS.—The Secretary shall establish an ex-
pedited review process to allow an indi-
vidual who has authenticated the individ-
ual’s identity and unblocked the individ-
ual’s Social Security number immediately 
to correct user or system errors which re-
sult in an erroneous non-confirmation of 
work eligibility. 
‘‘(E) REPORTS.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security shall submit to the 
Committees on the Judiciary of the House 
of Representatives and of the Senate re-
ports on the Enhanced Verification System 
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within 3 months after the end of the third 
and fourth years in which the programs 
are in effect. Such reports shall— 
‘‘(I) assess the degree of fraudu-
lent attesting of United States citizen-
ship; 
‘‘(II) assess the benefits of the 
Enhanced Verification System to em-
ployers and the degree to which it 
prevents fraudulent claims of United 
States citizenship or legal residence 
and strengthens the enforcement of 
section 274A; 
‘‘(III) assess the benefits of the 
Enhanced Verification System to indi-
viduals and the degree to which they 
prevent misuse of the System and er-
roneous non-confirmations during em-
ployment verification; 
‘‘(IV) assess if the Enhanced 
Verification System aides in reducing 
discrimination during the employment 
verification process; 
‘‘(V) assess the degree to which 
the Enhanced Verification System 
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protects employee civil liberties and 
privacy; and 
‘‘(VI) include recommendations 
on 
whether 
or 
not 
Enhanced 
Verification System should be contin-
ued or modified, and 
‘‘(ii) REPORT
ON
EXPANSION.—Not 
later than 6 months after the end of the 
fourth year in which the programs are in 
effect, the Secretary of Homeland Security 
shall submit to the Committees on the Ju-
diciary of the House of Representatives 
and the Senate a report— 
‘‘(I) evaluating whether the prob-
lems identified by the report sub-
mitted under subsection (i) have been 
substantially resolved; and 
‘‘(II) describing what actions the 
Secretary of Homeland Security shall 
take before requiring any individuals 
to 
participate 
in 
the 
Enhanced 
Verification System. 
‘‘(F) LIMITATION ON USE OF THE CON-
FIRMATION
SYSTEM
AND
ANY
RELATED
SYS-
TEMS.—Notwithstanding any other provision of 
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law, nothing in this subtitle shall be construed 
to permit or allow any department, bureau, or 
other agency of the United States Government 
to utilize any information, data base, or other 
records assembled under this subtitle for any 
other purpose other than as provided for under 
the Enhanced Verification System. 
‘‘(d) COMPLIANCE.— 
‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 
Secretary shall establish procedures— 
‘‘(A) for a person to file a complaint re-
garding a potential violation of paragraph 
(1)(A), (1)(B), or (2) of subsection (a); 
‘‘(B) for the investigation of any such com-
plaint that the Secretary determines is appro-
priate to investigate; and 
‘‘(C) for the investigation of such other 
violation of paragraph (1)(A), (1)(B), or (2) of 
subsection (a) that the Secretary determines is 
appropriate. 
‘‘(2) AUTHORITY IN INVESTIGATIONS.— 
‘‘(A) IN GENERAL.—In conducting inves-
tigations and hearings under this subsection, of-
ficers and employees of the Department of 
Homeland Security, if designated by the Sec-
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retary, may compel by subpoena the attendance 
of witnesses and the production of evidence at 
any designated place in an investigation or case 
under this subsection. 
‘‘(B) FAILURE TO COOPERATE.—In case of 
refusal to obey a subpoena lawfully issued 
under subparagraph (A), the Secretary may re-
quest that the Attorney General apply in an ap-
propriate district court of the United States for 
an order requiring compliance with such sub-
poena, and any failure to obey such order may 
be punished by such court as contempt. 
‘‘(C) DEPARTMENT OF LABOR.—The Sec-
retary of Labor shall have the investigative au-
thority provided under section 11(a) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 
211(a)) to ensure compliance with the provi-
sions of this section, or any regulation or order 
issued under this section. 
‘‘(D) AGENCY REPRESENTATION AND CO-
ORDINATION.—United States Immigration and 
Customs Enforcement officials may not mis-
represent to employees or employers that they 
are a member of any agency or organization 
that provides domestic violence services, en-
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forces health and safety law or other labor laws, 
provides health care services, or any other serv-
ices intended to protect life and safety. 
‘‘(3) COMPLIANCE PROCEDURES.— 
‘‘(A) PREPENALTY
NOTICE.—If the Sec-
retary has reasonable cause to believe that 
there has been a violation of a requirement of 
this section and determines that further pro-
ceedings related to such violation are war-
ranted, the Secretary shall issue to the em-
ployer concerned a written notice of the Sec-
retary’s intention to issue a claim for a fine or 
other penalty. Such notice shall— 
‘‘(i) describe the violation; 
‘‘(ii) specify the laws and regulations 
allegedly violated; 
‘‘(iii) disclose the material facts which 
establish the alleged violation; and 
‘‘(iv) inform such employer that the 
employer shall have a reasonable oppor-
tunity to make representations as to why a 
claim for a monetary or other penalty 
should not be imposed. 
‘‘(B) REMISSION OR MITIGATION OF PEN-
ALTIES.— 
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‘‘(i) PETITION BY EMPLOYER.—If an 
employer receives written notice of a fine 
or other penalty in accordance with sub-
paragraph (A), the employer may file with-
in 45 days from receipt of such notice, 
with the Secretary a petition for the remis-
sion or mitigation of such fine or penalty, 
or a petition for termination of the pro-
ceedings. The petition may include any rel-
evant evidence or proffer of evidence the 
employer wishes to present, and shall be 
filed and considered in accordance with 
procedures to be established by the Sec-
retary. 
‘‘(ii) REVIEW BY SECRETARY.—If the 
Secretary finds that such fine or other 
penalty was incurred erroneously, or finds 
the existence of such mitigating cir-
cumstances as to justify the remission or 
mitigation of such fine or penalty, the Sec-
retary may remit or mitigate such fine or 
other penalty on the terms and conditions 
as the Secretary determines are reasonable 
and just, or order termination of any pro-
ceedings related to the notice. Such miti-
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gating circumstances may include good 
faith compliance and participation in, or 
agreement to participate in, the System, if 
not otherwise required. 
‘‘(iii) APPLICABILITY.—This subpara-
graph may not apply to an employer that 
has or is engaged in a pattern or practice 
of violations of paragraph (1)(A), (1)(B), 
or (2) of subsection (a) or of any other re-
quirements of this section. 
‘‘(C) PENALTY CLAIM.—After considering 
evidence and representations offered by the em-
ployer pursuant to subparagraph (B), the Sec-
retary shall determine whether there was a vio-
lation and promptly issue a written final deter-
mination setting forth the findings of fact and 
conclusions of law on which the determination 
is based and the appropriate penalty. 
‘‘(4) CIVIL PENALTIES.— 
‘‘(A) HIRING OR CONTINUING TO EMPLOY 
UNAUTHORIZED
ALIENS.—Any employer that 
violates paragraph (1)(A) or (2) of subsection 
(a) shall pay civil penalties as follows: 
‘‘(i) Pay a civil penalty of not less 
than $500 and not more than $4,000 for 
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each unauthorized alien with respect to 
each such violation. 
‘‘(ii) If the employer has previously 
been fined 1 time within the preceding 12 
months under this subparagraph, pay a 
civil penalty of not less than $4,000 and 
not more than $10,000 for each unauthor-
ized alien with respect to each such viola-
tion. 
‘‘(iii) If the employer has previously 
been fined more than 1 time within the 
preceding 12 months under this subpara-
graph or has failed to comply with a pre-
viously issued and final order related to 
any such provision, pay a civil penalty of 
not less than $6,000 and not more than 
$20,000 for each unauthorized alien with 
respect to each such violation. 
‘‘(B) RECORDKEEPING
OR
VERIFICATION 
PRACTICES.—Any employer that violates or fails 
to comply with paragraph (1)(B) of subsection 
(a) shall pay a civil penalty as follows: 
‘‘(i) Pay a civil penalty of not less 
than $200 and not more than $2,000 for 
each such violation or failure. 
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274 
‘‘(ii) If the employer has previously 
been fined 1 time within the preceding 12 
months under this subparagraph, pay a 
civil penalty of not less than $400 and not 
more than $4,000 for each such violation 
of failure. 
‘‘(iii) If the employer has previously 
been fined more than 1 time within the 
preceding 12 months under this subpara-
graph or has failed to comply with a pre-
viously issued and final order related to 
such requirements, pay a civil penalty of 
$6,000 for each such violation or failure. 
‘‘(iv) SPECIAL RULE GOVERNING PA-
PERWORK VIOLATION.—In the case where 
an employer commits a violation of this 
section that is deemed to be purely a pa-
perwork violation where the Secretary fails 
to establish any intent to hire an individual 
who is not unauthorized for employment in 
the United States, the Secretary shall per-
mit the employer to correct such paper-
work error within 30 days of receiving no-
tice from the Secretary of such violation. 
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275 
‘‘(C) 
OTHER
PENALTIES.—Notwith-
standing subparagraphs (A) and (B), the Sec-
retary may impose additional penalties for vio-
lations, including cease and desist orders, spe-
cially designed compliance plans to prevent fur-
ther violations, suspended fines to take effect in 
the event of a further violation, and in appro-
priate cases, the civil penalty described in sub-
section (e)(2). 
‘‘(5) JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—An employer adversely 
affected by a final determination may, within 
45 days after the date the final determination 
is issued, obtain judicial review of such deter-
mination. 
‘‘(B) REPORT.—Not later than 180 days 
after the date of enactment of the this Act, the 
Director of the Federal Judicial Center shall 
submit to Congress a report on judicial review 
of a final determination. The report shall con-
tain recommendations on jurisdiction and pro-
cedures that shall be instituted to seek ade-
quate and timely review of such decision. 
‘‘(6) ENFORCEMENT OF ORDERS.—If an em-
ployer fails to comply with a final determination 
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276 
issued against that employer under this subsection, 
and the final determination is not subject to review 
as provided in paragraph (5), the Attorney General 
may file suit to enforce compliance with the final de-
termination, not earlier than 46 days and not later 
than 90 days, after the date the final determination 
is issued, in any appropriate district court of the 
United States. The burden shall remain on the em-
ployer to show that the final determination was not 
supported by a preponderance of the evidence. 
‘‘(7) RECOVERY
OF
COSTS
AND
ATTORNEYS’ 
FEES.—In any appeal brought under paragraph (5) 
or suit brought under paragraph (6), the employer 
shall be entitled to recover from the Secretary rea-
sonable costs and attorneys’ fees if such employer 
prevails on the merits of the case. The award of at-
torneys’ fees shall not exceed $75,000. Such amount 
shall be subject to annual inflation adjustments per 
the United States Consumer Price Index - All Urban 
Consumers (CPI-U) compiled by the Bureau of 
Labor Statistics. Any costs and attorneys’ fees as-
sessed against the Secretary shall be charged against 
the operating expenses of the Department of Home-
land Security for the fiscal year in which the assess-
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277 
ment is made, and shall not be reimbursed from any 
other source. 
‘‘(8) COORDINATION.—An investigation under 
paragraph (1)(C) shall be coordinated with the ap-
propriate regional office of the National Labor Rela-
tions Board, the Department of Labor, and all rel-
evant State and local agencies that are charged with 
enforcing workplace standards. Evidence gathered 
from such agencies shall be considered in deter-
mining whether the entity under investigation has 
violated subsection (a). 
‘‘(e) CRIMINAL PENALTIES AND INJUNCTIONS FOR 
PATTERN OR PRACTICE VIOLATIONS.— 
‘‘(1) CRIMINAL
PENALTY.—An employer that 
engages in a pattern or practice of knowing viola-
tions of paragraph (1)(A) or (2) of subsection (a) 
shall be fined not more than $20,000 for each unau-
thorized alien with respect to whom such a violation 
occurs, imprisoned for not more than 3 years for the 
entire pattern or practice, or both. 
‘‘(2) ENJOINING
OF
PATTERN
OR
PRACTICE 
VIOLATIONS.—If the Secretary or the Attorney Gen-
eral has reasonable cause to believe that an employer 
is engaged in a pattern or practice of employment in 
violation of paragraph (1)(A) or (2) of subsection 
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(a), the Attorney General may bring a civil action in 
the appropriate district court of the United States 
requesting such relief, including a permanent or 
temporary injunction, restraining order, or other 
order against the employer, as the Secretary deems 
necessary. 
‘‘(f) ADJUSTMENT
FOR INFLATION.—All penalties 
and limitations on the recovery of costs and attorney’s fees 
in this section shall be increased every 4 years beginning 
January 2010 to reflect the percentage increase in the 
consumer price index for all urban consumers (all items; 
United States city average) for the 48 month period end-
ing with September of the year preceding the year such 
adjustment is made. Any adjustment under this subpara-
graph shall be rounded to the nearest dollar. 
‘‘(g) PROHIBITION OF INDEMNITY BONDS.— 
‘‘(1) PROHIBITION.—It is unlawful for an em-
ployer, in the hiring of an individual, to require the 
individual to post a bond or security, to pay or agree 
to pay an amount, or otherwise to provide a finan-
cial guaranty or indemnity, against any potential li-
ability arising under this section relating to such hir-
ing of the individual. 
‘‘(2) CIVIL PENALTY.—Any employer which is 
determined, after notice and opportunity for mitiga-
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tion of the monetary penalty under subsection (d), 
to have violated paragraph (1) shall be subject to a 
civil penalty of $10,000 for each violation and to an 
administrative order requiring the return of any 
amounts received in violation of such paragraph to 
the individual. 
‘‘(h) PROHIBITION
ON AWARD
OF GOVERNMENT 
CONTRACTS, GRANTS, AND AGREEMENTS.— 
‘‘(1) 
EMPLOYERS
WITH
NO
CONTRACTS, 
GRANTS, OR AGREEMENTS.— 
‘‘(A) IN GENERAL.—If an employer who 
does not hold a Federal contract, grant, or co-
operative agreement is determined by the Sec-
retary to be a repeat violator of this section the 
employer shall be debarred from the receipt of 
a Federal contract, grant, or cooperative agree-
ment for a period of 5 years. The Secretary or 
the Attorney General shall advise the Adminis-
trator of General Services of such a debarment, 
and the Administrator of General Services shall 
list the employer on the List of Parties Ex-
cluded from Federal Procurement and Non-
procurement Programs for a period of 5 years. 
‘‘(B) WAIVER.—The Administrator of Gen-
eral Services, in consultation with the Secretary 
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280 
and the Attorney General, may waive operation 
of this subsection or may limit the duration or 
scope of the debarment. 
‘‘(2) EMPLOYERS
WITH
CONTRACTS, GRANTS, 
OR AGREEMENTS.— 
‘‘(A) IN
GENERAL.—An employer who 
holds a Federal contract, grant, or cooperative 
agreement and is determined by the Secretary 
to be a repeat violator of this section or is con-
victed of a crime under this section, shall be 
debarred from the receipt of new Federal con-
tracts, grants, or cooperative agreements for a 
period of 5 years. 
‘‘(B) NOTICE TO AGENCIES.—Prior to de-
barring the employer under subparagraph (A), 
the Secretary, in cooperation with the Adminis-
trator of General Services, shall advise any 
agency or department holding a contract, grant, 
or cooperative agreement with the employer of 
the Government’s intention to debar the em-
ployer from the receipt of new Federal con-
tracts, grants, or cooperative agreements for a 
period of 5 years. 
‘‘(C) REVIEW.—The decision of whether to 
debar or take alternate action under this para-
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281 
graph shall be reviewable pursuant to section 9, 
Federal Acquisition Regulation. 
‘‘(3) SUSPENSION.—Indictments for violations 
of this section or adequate evidence of actions that 
could form the basis for debarment under this sub-
section shall be considered a cause for suspension 
under the procedures and standards for suspension 
prescribed by the Federal Acquisition Regulation. 
‘‘(4) REPEAT
VIOLATOR
DEFINED.—In this 
subsection, the term ‘repeat violator’ means, with re-
spect to an employer, that the employer has violated 
paragraph (1)(A), (1)(B), or (2) of subsection (a) 
more than 1 time and that such violations were dis-
covered as a result of more than 1 separate inves-
tigation of the employer. A violation of such para-
graph (1)(B) that is inadvertent and unrelated to a 
violation of subsection (a)(1)(A) and (a)(2) may not 
be considered to be a violation of such paragraph 
(1)(B) for the purposes of this paragraph. 
‘‘(i) MISCELLANEOUS PROVISIONS.— 
‘‘(1) DOCUMENTATION.—In providing docu-
mentation or endorsement of authorization of aliens 
(other than aliens lawfully admitted for permanent 
residence) eligible to be employed in the United 
States, the Secretary shall provide that any limita-
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282 
tions with respect to the period or type of employ-
ment or employer shall be conspicuously stated on 
the documentation or endorsement. 
‘‘(2) PREEMPTION.—The provisions of this sec-
tion preempt any State or local law, contract license, 
or other standard, requirement, action or instrument 
from— 
‘‘(A) imposing sanctions or liabilities for 
employing, or recruiting or referring for em-
ployment, unauthorized aliens, or for working 
without employment authorization; 
‘‘(B) requiring those hiring, recruiting, or 
referring individuals for employment to ascer-
tain or verify the individuals’ employment au-
thorization or to participate in an employment 
authorization verification system, or requiring 
individuals to demonstrate employment author-
ization; and 
‘‘(C) requiring, authorizing or permitting 
the use of an employment verification system, 
unless otherwise mandated by Federal law, for 
any other purpose including, but without limita-
tion, such purposes as verifying the status of 
renters, determining eligibility for receipt of 
benefits, enrollment in school, obtaining or re-
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taining a business license or other license, or 
conducting a background check. 
‘‘(j) BACKPAY REMEDIES.—Neither backpay nor any 
other monetary remedy for unlawful employment prac-
tices, workplace injuries or other causes of action giving 
rise to liability shall be denied to a present or former em-
ployee on account of: the employer’s or the employee’s fail-
ure to comply with the requirements of this section in es-
tablishing or maintaining the employment relationship; the 
employee’s violation of the provisions of federal law related 
to the employment verification system set forth in sub-
section (a); or the employee’s continuing status as an un-
authorized alien both during and after termination of em-
ployment. 
‘‘(k) DEFINITIONS.—In this section— 
‘‘(1) EMPLOYER.—The term ‘employer’ means 
any person or entity, including any entity of the 
Government of the United States, hiring an indi-
vidual for employment in the United States. 
‘‘(2) SECRETARY.—Except as otherwise pro-
vided, the term ‘Secretary’ means the Secretary of 
Homeland Security. 
‘‘(3) UNAUTHORIZED ALIEN.—The term ‘unau-
thorized alien’ means, with respect to the employ-
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ment of an alien at a particular time, that the alien 
is not at that time either— 
‘‘(A) an alien lawfully admitted for perma-
nent residence; or 
‘‘(B) authorized to be so employed by this 
Act or by the Secretary.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) AMENDMENTS.— 
(A) REPEAL OF E-VERIFY.—Sections 401, 
402, 403, 404, and 405 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act 
of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1324a note) are repealed. 
(B) REPEAL
OF
REPORTING
REQUIRE-
MENTS.— 
(i) REPORT ON EARNINGS OF ALIENS 
NOT AUTHORIZED TO WORK.—Subsection 
(c) of section 290 (8 U.S.C. 1360) is re-
pealed. 
(ii) REPORT ON FRAUDULENT USE OF 
SOCIAL
SECURITY
ACCOUNT
NUMBERS.— 
Subsection (b) of section 414 of the Illegal 
Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (division C of 
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Public Law 104–208; 8 U.S.C. 1360 note) 
is repealed. 
(C) REPEAL OF DEFINITION.—Paragraph 
(1)(F) of section 1961 of title 18, United 
States Code, is repealed. 
(2) CONSTRUCTION.—Nothing in this sub-
section or in subsection (c) of section 274A, as 
amended by subsection (a), may be construed to 
limit the authority of the Secretary to allow or con-
tinue to allow the participation of employers who 
participated in the E-Verify program under such 
sections 401, 402, 403, 404, and 405 of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1324a note) in the Electronic Employment 
Verification System established pursuant to such 
subsection (d). 
(c) TECHNICAL AMENDMENTS.— 
(1) DEFINITION OF UNAUTHORIZED ALIEN.— 
Sections 218(i)(1) (8 U.S.C. 1188(i)(1)), 245(c)(8) 
(8 U.S.C. 1255(c)(8)), 274(a)(3)(B)(i) (8 U.S.C. 
1324(a)(3)(B)(i)), 
and 
274B(a)(1) 
(8 
U.S.C. 
1324b(a)(1)) are amended by striking ‘‘274A(h)(3)’’ 
and inserting ‘‘274A(h)’’. 
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(2) DOCUMENT REQUIREMENTS.—Section 274B 
(8 U.S.C. 1324b) is amended— 
(A) in subsections (a)(6) and (g)(2)(B), by 
striking ‘‘274A(b)’’ and inserting ‘‘274A(d)’’; 
and 
(B) in subsection (g)(2)(B)(ii), by striking 
‘‘274A(b)(5)’’ and inserting ‘‘274A(d)(9)’’. 
(d) 
EMPLOYMENT
VERIFICATION
ADVISORY 
PANEL.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall establish an Employment Verification 
Advisory Panel (hereinafter in the subsection re-
ferred to as the ‘‘Advisory Panel’’). 
(2) MEMBERSHIP.—The Advisory Panel should 
consist of members appointed by the Secretary, after 
consulting with the Commissioner of Social Security, 
the Director of National Institutes of Standards and 
Technology, and other appropriate Federal agencies. 
Such members should include representatives from 
appropriate Federal agencies and private sector rep-
resentatives of affected industries and groups, in-
cluding immigration policy, human resource, em-
ployer and employee organizations, experts in fields 
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including database security, employment verification, 
biometrics, and privacy. 
(3) FUNCTIONS.— 
(A) ADVICE ON IMPLEMENTATION AND DE-
PLOYMENT.—The Advisory Panel shall advise 
the Secretary and the Commissioner of Social 
Security on the implementation and deployment 
of the verification systems established under the 
amendments made by this section, including— 
(i) the best means of promoting effi-
ciency, compliance responsiveness, accu-
racy, public education, user support, inter-
operability, and cost-effectiveness of the 
systems established under this section; 
(ii) the best practices and procedures 
in order to protect the privacy and identi-
ties of individuals enrolled in the systems 
established under this section; 
(iii) standards of database accuracy, 
error rates, privacy, and measurable com-
pliance with system rules that must be met 
before implementation begins and before 
each additional phase of implementation; 
and 
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(iv) the best means by which data ob-
tained through such systems may be used 
to timely improve the accuracy of data-
bases maintained by the Secretary and the 
Commissioner of Social Security. 
(B) STUDY AND REPORT ON IDENTITY FRAUD 
AND ALTERNATIVES FOR STRENGTHENING IDENTITY 
AUTHENTICATION.— 
(i) STUDY.—The Advisory Panel shall 
evaluate the vulnerability of the System to iden-
tity fraud and the degree to which individuals 
not authorized for employment in the United 
States are able to be confirmed by the System. 
(ii) REPORT.—Not later than 180 days 
after its establishment, the Advisory Panel shall 
issue a report to the Secretary on alternatives 
for strengthening identity authentication and 
preventing fraudulent confirmations by the Sys-
tem. The report shall— 
(I) survey available technologies for 
identity authentication, including but not 
limited to biometric and biographical iden-
tity assurance systems; 
(II) analyze alternatives to identity 
assurance technologies, including the en-
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289 
hanced verification system described in 
subsection (c)(25) of section 274A of the 
Immigration and Nationality Act, as 
amended by this section; 
(III) analyze the technical feasibility 
of adding new identity authentication re-
quirements to the System described in sub-
section (c) of such section, including by 
considering: 
(IV) process burdens (at the point of 
collection, information processing, etc.); 
(V) performance burdens (anticipated 
system 
throughputs, 
scalability, 
reconfigurability, etc); 
(VI) accuracy and realistic failure 
rates and projected increases in erroneous 
nonconfirmations of work authorized indi-
viduals; 
(VII) projected compliance and non- 
compliance rates, 
(VIII) data Security, data storage re-
quirements, and added risk to individuals’ 
privacy; 
(IX) estimate the costs and benefits of 
different strategies for strengthening iden-
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290 
tity authentication and evaluate their over-
all strengths and weaknesses, including but 
not limited to requirements that employers 
collect biometric, biographical, or other 
data from new employees instead of or in 
addition to the data identified in sub-
sections (b) and (c) of such section and re-
quirements that individuals participate in 
the enhanced verification system described 
in subsection (c)(25) of such section. 
(4) TERMINATION.—The Advisory Panel shall 
terminate 5 years after the date of the enactment of 
this Act. 
(e) EFFECTIVE DATE.—The amendments made by 
subsections (a), (b), and (c) shall take effect on the date 
that is 180 days after the date of the enactment of this 
Act. 
SEC. 202. PARITY WITH CIVIL RIGHTS ACT OF 1964. 
(a) PROHIBITION
OF EMPLOYMENT DISCRIMINA-
TION.—Section 274B(a) (8 U.S.C. 1324b(a)) is amend-
ed— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN GENERAL.—It is an unfair immigra-
tion-related employment practice for a person or 
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other entity to discriminate against any individual 
(other than an unauthorized alien defined in section 
274A(h)(3)) with respect to— 
‘‘(A) the hiring, or recruitment or referral 
for a fee, of the individual for employment, the 
verification of the individual’s eligibility for em-
ployment, or the discharging of the individual 
from employment— 
‘‘(i) because of such individual’s na-
tional origin; or 
‘‘(ii) because of such individual’s citi-
zenship status; 
‘‘(B) the compensation, terms, or condi-
tions of the employment of the individual.’’; 
(2) by amending paragraph (2)(A) to read as 
follows: 
‘‘(A) a person or other entity that employs 
three or fewer employees, except for an ‘employ-
ment agency,’ meaning any person regularly un-
dertaking with or without compensation to pro-
cure employees for an employer or to procure 
for employees opportunities to work for an em-
ployer and includes an agent of such a per-
son.’’; 
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(3) by repealing section 274(a)(3) (8 U.S.C. 
1324(a)(3)); 
(4) in paragraph (6), by striking ‘‘if made for 
the purpose or with the intent of discriminating 
against an individual in violation of paragraph (1)’’ 
and inserting ‘‘in violation of paragraph (1). Addi-
tional information and compliance assistance will be 
provided to employers to assist them in complying 
with the law’’; 
(5) by inserting a new paragraph (7) as follows: 
‘‘(7) ANTIDISCRIMINATION REQUIREMENTS OF 
THE ELECTRONIC EMPLOYMENT VERIFICATION SYS-
TEM.—It is an unfair immigration-related employ-
ment practice for a person or other entity, in the 
course of the Electronic Employment Verification 
System described in section 274A(c)— 
‘‘(A) to terminate the employment of an 
individual or take any adverse employment ac-
tion due to a tentative nonconfirmation issued 
by such System, with respect to that individual; 
‘‘(B) to use the System for screening of an 
applicant for employment prior to making the 
individual an offer of employment; 
‘‘(C) 
to 
use 
the 
System 
for 
the 
reverification of an employee after the employee 
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has satisfied the process described in (b)(1), 
unless otherwise required by Federal law. 
‘‘(D) to use the System selectively to ex-
clude certain individuals from consideration for 
employment as a result of a perceived likelihood 
that additional verification will be required, be-
yond what is required for most job applicants; 
or 
‘‘(E) to use the System to deny workers’ 
employment benefits or otherwise interfere with 
their labor rights, or to engage in any other un-
lawful employment practice.’’; 
(6) by inserting a new paragraph (8) as follows: 
‘‘(8) BURDEN OF PROOF IN DISPARATE IMPACT 
CASES.— 
‘‘(A) An unlawful immigration-related em-
ployment practice or unfair labor practice case 
based on disparate impact is established under 
this general rule only if— 
‘‘(i) a complaining party demonstrates 
that a respondent uses a particular em-
ployment practice that causes a disparate 
impact on the basis of national origin or 
citizenship status and the respondent fails 
to demonstrate that the challenged practice 
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is job related for the position in question 
and consistent with business necessity; or 
‘‘(ii) the complaining party makes the 
demonstration with respect to an alter-
native employment practice and the re-
spondent refuses to adopt such an alter-
native employment practice. An alternative 
employment practice is defined as a policy 
that would satisfy the employer’s legiti-
mate interests without having a disparate 
impact on a protected class. 
‘‘(B) With respect to demonstrating that a 
particular employment practice causes a dis-
parate impact as described in subparagraph 
(8)(A), the complaining party shall demonstrate 
that each particular challenged employment 
practice causes a disparate impact, except that 
if the complaining party can demonstrate to the 
court that the elements of a respondent’s deci-
sion-making process are not capable of separa-
tion for analysis, the decisionmaking process 
may be analyzed as one employment practice. 
‘‘(C) If the respondent demonstrates that a 
specific employment practice does not cause the 
disparate impact, the respondent shall not be 
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required to demonstrate that such practice is 
required by business necessity. 
‘‘(D) A demonstration that an employment 
practice is required by business necessity may 
not be used as a defense against a claim of in-
tentional discrimination under this statute.’’; 
and 
(7) by inserting a new paragraph (9) as follows: 
‘‘(9) Except as otherwise provided in this sub-
chapter, an unlawful immigration-related unfair em-
ployment practice is established when the charging 
party demonstrates that citizenship status or na-
tional origin was a motivating factor for any employ-
ment practice, even though other factors also moti-
vated the practice.’’ 
(b) CHARGES AND COMPLAINTS.—Section 274B(d) 
(8 U.S.C. 1324b(d)) is amended— 
(1) in paragraph (1), by striking ‘‘within 120 
days of the date of the receipt of the charge’’ and 
‘‘subject to paragraph (3)’’; 
(2) by striking ‘‘The Special Counsel’s failure 
to file such a complaint within such 120-day period 
shall not affect the right of the Special Counsel to 
investigate the charge or to bring a complaint before 
an administrative law judge during such 90-day pe-
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296 
riod.’’ and inserting at the end of paragraph (2) 
‘‘Nothing contained in this Act shall relieve any Gov-
ernment agency or official of his or her responsibility 
for unlawful electronic employment verification prac-
tices.’’; 
(3) by striking paragraph (3). 
(c) INCREASE IN CIVIL MONEY PENALTIES.—Section 
274B(g)(2)(B)(iv) (8 U.S.C. 1324b(g)(2)(B)(iv)) is 
amended— 
(1) in subclause (I), by striking ‘‘$250 and not 
more than $1,000’’ and inserting ‘‘$2,000 and not 
more than $4,000’’; 
(2) in subclause (II), by striking ‘‘$2,000 and 
not more than $5,000’’ and inserting ‘‘$4,000 and 
not more than $10,000’’; 
(3) in subclause (III), by striking ‘‘$3,000 and 
not more than $10,000’’ and inserting ‘‘$6,000 and 
not more than $20,000’’; 
(4) in subclause (IV), by striking ‘‘$100 and 
not more than $1,000’’ and inserting ‘‘$500 and not 
more than $5,000.’’ 
(d) 
ORDERS
FINDING
VIOLATIONS.—Section 
274B(g) (8 U.S.C. 1324b(g)) is amended— 
(1) in paragraph (2)(B)(iii), by inserting ‘‘, and 
to provide such other relief as the administrative law 
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297 
judge determines appropriate to make the individual 
whole’’ before the semicolon at the end; and 
(2) by inserting the following at the end of 
paragraph (2)(B)(viii): 
‘‘(ix)(I) No order of the court shall re-
quire the admission or reinstatement of an 
individual as a member of a union, or the 
hiring, reinstatement, or promotion of an 
individual as an employee, or the payment 
to him of any back pay, if such individual 
was refused admission, suspended, or ex-
pelled, or was refused employment or ad-
vancement or was suspended or discharged 
for any reason other than discrimination 
on account of citizenship status or national 
origin or in violation of this section. 
‘‘(II) On a claim in which an indi-
vidual proves a violation under subsection 
(a)(7) and a respondent demonstrates that 
the respondent would have taken the same 
action in the absence of the impermissible 
motivating factor, the court may grant de-
claratory relief, injunctive relief (except as 
provided in clause (b)), and attorney’s fees 
and costs demonstrated to be directly at-
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tributable only to the pursuit of a claim 
under subsection (a)(7); and shall not 
award damages or issue an order requiring 
any admission, reinstatement, hiring, pro-
motion, or payment, described in subpara-
graph (I).’’; 
(3) by inserting at the end of paragraph (2) a 
new subparagraph (E) as follows: 
‘‘(E) COMPENSATORY AND PUNITIVE DAM-
AGES.— 
‘‘(i) DETERMINATION
OF
PUNITIVE 
DAMAGES.—A complaining party may ac-
quire punitive damages against a respond-
ent (other than the federal government or 
a federal government agency) if the com-
plaining party demonstrates that the re-
spondent engaged in discriminatory prac-
tice or practices with malice or reckless in-
difference to the federally protected rights 
of an aggrieved individual under subsection 
(a)(1). 
‘‘(ii) 
COMPENSATORY
DAMAGES 
AWARDED
UNDER
THIS
SECTION.—Com-
pensatory damages awarded under this 
section shall not include backpay, interest 
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on backpay, or any other type of relief au-
thorized under subparagraphs (B) and (C) 
of subsection (g)(2). 
‘‘(iii) 
LIMITATIONS.—The 
sum 
of 
compensatory damages awarded under this 
section for future pecuniary losses, emo-
tional pain, suffering, inconvenience, men-
tal anguish, loss of enjoyment of life, and 
other nonpecuniary losses on account of 
national origin discrimination shall not ex-
ceed $50,000 for each complaining party. 
In the case of citizenship status discrimi-
nation, the limitations should be as follows: 
‘‘(I) In the case of a respondent 
who has more than 3 and fewer than 
101 employees in each of 20 or more 
calendar weeks in the current or pre-
ceding calendar year, $50,000. 
‘‘(II) In the case of a respondent 
who has more than 100 and fewer 
than 201 employees in each of 20 or 
more calendar weeks in the current or 
preceding calendar year, $100,000. 
‘‘(III) In the case of a respond-
ent who has more than 200 and fewer 
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300 
than 501 employees in each of 20 or 
more calendar weeks in the current or 
preceding calendar year, $200,000. 
‘‘(IV) In the case of a respondent 
who has more than 500 employees in 
each of 20 or more calendar weeks in 
the current or preceding calendar 
year, $300,000.’’. 
(e) DISSEMINATION
OF
INFORMATION.—Section 
274B is amended— 
(1) 
in 
subparagraph 
(l)(3), 
by 
striking 
‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’. 
(2) by adding at the end the following: 
‘‘(m) REPORTS.—The Secretary of Homeland Secu-
rity shall make transactional data and citizenship status 
data available upon request by the Special Counsel (ap-
pointed under subsection (c) of this section).’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to violations occurring on or 
after such date. 
SEC. 203. AMENDMENTS TO THE SOCIAL SECURITY ACT. 
(a) SOCIAL SECURITY ACT.—Section 205(c)(2) of the 
Social Security Act (42 U.S.C. 405(c)(2)) is amended by 
adding at the end the following new subparagraphs: 
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‘‘(I)(i) The Commissioner of Social Secu-
rity shall, subject to the provisions of title III 
of the this Act, establish a reliable, secure 
method to provide through the employment 
verfication systems established pursuant to sec-
tion 274A of the Immigration and Nationality 
Act (referred to in this subparagraph as the 
‘System’), within the time periods required by 
such section— 
‘‘(I) a determination of whether the 
name, date of birth, employer identification 
number, and social security account num-
ber of an individual provided in an inquiry 
made to the System by an employer is con-
sistent with such information maintained 
by the Commissioner in order to confirm 
the validity of the information provided; 
‘‘(II) a determination of the citizen-
ship status associated with such name and 
social security account number, according 
to the records maintained by the Commis-
sioner; 
‘‘(III) a determination of whether the 
name and number belongs to an individual 
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302 
who is deceased, according to the records 
maintained by the Commissioner; 
‘‘(IV) a determination of whether the 
name and number is blocked in accordance 
with clause (ii); and 
‘‘(V) a confirmation or a nonconfirma-
tion described in such subsection (c), in a 
manner that ensures that other informa-
tion maintained by the Commissioner is 
not disclosed or released to employers 
through the System. 
‘‘(ii) The Commissioner of Social Security 
shall prevent the fraudulent or other misuse of 
a social security account number by establishing 
procedures under which an individual who has 
been assigned a social security account number 
may block the use of such number under the 
System and remove such block. 
‘‘(J) In assigning social security account 
numbers to aliens who are authorized to work 
in the United States under section 218A of the 
Immigration and Nationality Act, the Commis-
sioner of Social Security shall, to the maximum 
extent practicable, assign such numbers by em-
ploying the enumeration procedure administered 
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303 
jointly by the Commissioner, the Secretary of 
State, and the Secretary.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary such sums as are nec-
essary to carry out the amendments made by this 
section. 
(2) LIMITATION
ON
VERIFICATION
RESPON-
SIBILITIES
OF
COMMISSIONER
OF
SOCIAL
SECU-
RITY.—The Commissioner of Social Security is au-
thorized to perform activities with respect to car-
rying out the Commissioner’s responsibilities in this 
title or the amendments made by this title, but only 
to the extent the Secretary has provided, in advance, 
funds to cover the Commissioner’s full costs in car-
rying out such responsibilities. In no case shall 
funds from the Federal Old-Age and Survivors In-
surance Trust Fund or the Federal Disability Insur-
ance Trust Fund be used to carry out such respon-
sibilities. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is 180 days 
after the date of the enactment of this Act. 
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304 
TITLE III—VISA REFORMS 
SEC. 301. ELIMINATION OF EXISTING BACKLOGS. 
(a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM-
MIGRANTS.—Section 201(c) of the Immigration and Na-
tionality Act (8 U.S.C. 1151(c)) is amended to read as 
follows: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.— 
‘‘(1) IN
GENERAL.—Subject to subparagraph 
(B), the worldwide level of family-sponsored immi-
grants under this subsection for a fiscal year is 
equal to the sum of— 
‘‘(A) 480,000; and 
‘‘(B) the sum of— 
‘‘(i) the number computed under 
paragraph (2); and 
‘‘(ii) the number computed under 
paragraph (3). 
‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS 
FISCAL
YEAR.—The number computed under this 
paragraph for a fiscal year is the difference, if any, 
between— 
‘‘(A) the worldwide level of family-spon-
sored immigrant visas established for the pre-
vious fiscal year; and 
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‘‘(B) the number of visas issued under sec-
tion 203(a), subject to this subsection, during 
the previous fiscal year. 
‘‘(3) UNUSED
VISA
NUMBERS
FROM
FISCAL 
YEARS 1992 THROUGH 2009.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the difference, if any, between— 
‘‘(i) the sum of the worldwide levels of 
family-sponsored immigrant visas estab-
lished for each of fiscal years 1992 
through 2008; and 
‘‘(ii) the number of visas issued under 
section 203(a), subject to this subsection, 
during such fiscal years; and 
‘‘(B) the number of unused visas from fis-
cal years 1992 through 2008 that were issued 
after fiscal year 2007 under section 203(a), 
subject to this subsection.’’. 
(b) WORLDWIDE LEVEL
OF EMPLOYMENT-BASED 
IMMIGRANTS.—Section 201(d) of the Immigration and 
Nationality Act (8 U.S.C. 1151(d)) is amended to read 
as follows: 
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 
IMMIGRANTS.— 
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306 
‘‘(1) IN GENERAL.—The worldwide level of em-
ployment-based immigrants under this subsection for 
a fiscal year is equal to the sum of— 
‘‘(A) 290,000; 
‘‘(B) the number computed under para-
graph (2); and 
‘‘(C) the number computed under para-
graph (3). 
‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS 
FISCAL
YEAR.—The number computed under this 
paragraph for a fiscal year is the difference, if any, 
between— 
‘‘(A) the worldwide level established under 
paragraph (1) for the previous fiscal year; and 
‘‘(B) the number of visas actually issued 
under section 203(b), subject to this subsection, 
during the previous fiscal year. 
‘‘(3) UNUSED
VISA
NUMBERS
FROM
FISCAL 
YEARS 1992 THROUGH 2009.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the difference, if any, between— 
‘‘(i) the sum of the worldwide levels 
established under paragraph (1) for fiscal 
years 1992 through 2009; and 
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307 
‘‘(ii) the number of visas actually 
issued under section 203(b), subject to this 
subsection, during such fiscal years; and 
‘‘(B) the number of visas actually issued 
after fiscal year 2009 pursuant to an immi-
grant visa number issued under section 203(b), 
subject to this subsection, during fiscal years 
1992 through 2009.’’. 
(c) EXCEPTION
TO NONDISCRIMINATION.—Section 
202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by 
striking ‘‘201(b)(2)(A)(i)’’ and inserting ‘‘201(b)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date which is 60 days 
after the date of the enactment of this Act. 
SEC. 302. RECLASSIFICATION OF SPOUSES AND MINOR 
CHILDREN 
OF 
LEGAL 
PERMANENT 
RESI-
DENTS AS IMMEDIATE RELATIVES. 
(a) IN GENERAL.—Section 201(b)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(b)(2)) is 
amended to read as follows: 
‘‘(2) IMMEDIATE RELATIVE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) 
IMMEDIATE
RELATIVE
DE-
FINED.—In this subparagraph, the term 
‘immediate relative’ means a child, spouse, 
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308 
or parent of a citizen of the United States 
or a child or spouse of a lawful permanent 
resident (and for each family member of a 
citizen or lawful permanent resident under 
this subparagraph, such individual’s spouse 
or child who is accompanying or following 
to join the individual), except that, in the 
case of parents, such citizens shall be at 
least 21 years of age. 
‘‘(ii) PREVIOUSLY
ISSUED
VISA.— 
Aliens admitted under section 211(a) on 
the basis of a prior issuance of a visa 
under section 203(a) to their accom-
panying parent who is an immediate rel-
ative. 
‘‘(iii) PARENTS AND CHILDREN.—An 
alien who was the child or the parent of a 
citizen of the United States or a child of 
a lawful permanent resident at the time of 
the citizen’s or resident’s death if the alien 
files 
a 
petition 
under 
section 
204(a)(1)(A)(ii) within 2 years after such 
date or prior to reaching 21 years of age. 
‘‘(iv) SPOUSE.—In the case of an 
alien who was the spouse of a citizen of the 
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309 
United States or spouse of a lawful perma-
nent resident and was not legally separated 
from the citizen or resident at the time of 
the citizen’s or resident’s death, the alien 
(and each child of the alien) shall be con-
sidered for purposes of this subsection, to 
remain an immediate relative after the 
date of the citizen’s or resident’s death if 
the spouse files a petition under section 
204(a)(1)(A)(ii) before the earlier of— 
‘‘(I) 2 years after such date; or 
‘‘(II) the date on which the 
spouse remarries. 
‘‘(v) SPECIAL RULE.—For purposes of 
this subparagraph, an alien who has filed 
a petition under clause (iii) or (iv) of sec-
tion 204(a)(1)(A) remains an immediate 
relative if the United States citizen or law-
ful permanent resident spouse or parent 
loses United States citizenship or residence 
on account of the abuse. 
‘‘(B) BIRTH
DURING
TEMPORARY
VISIT 
ABROAD.—Aliens born to an alien lawfully ad-
mitted for permanent residence during a tem-
porary visit abroad.’’. 
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310 
(b) ALLOCATION
OF IMMIGRANT VISAS.—Section 
203(a) of the Immigration and Nationality Act (8 U.S.C. 
1153(a)) is amended— 
(1) in paragraph (1), by striking ‘‘23,400’’ and 
inserting ‘‘38,000’’; 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) 
UNMARRIED
SONS
AND
UNMARRIED 
DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 
Qualified immigrants who are the unmarried sons or 
unmarried daughters (but are not the children) of 
an alien lawfully admitted for permanent residence 
shall be allocated visas in a number not to exceed 
60,000, plus any visas not required for the class 
specified in paragraph (1).’’; 
(3) in paragraph (3), by striking ‘‘23,400’’ and 
inserting ‘‘38,000’’; and 
(4) in paragraph (4), by striking ‘‘65,000’’ and 
inserting ‘‘90,000’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) RULES FOR DETERMINING WHETHER CER-
TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 
201(f) of the Immigration and Nationality Act (8 
U.S.C. 1151(f)) is amended— 
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311 
(A) in paragraph (1), by striking ‘‘para-
graphs (2) and (3),’’ and inserting ‘‘paragraph 
(2),’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; and 
(D) in paragraph (3), as redesignated by 
subparagraph (C), by striking ‘‘through (3)’’ 
and inserting ‘‘and (2)’’. 
(2) NUMERICAL
LIMITATION
TO
ANY
SINGLE 
FOREIGN STATE.—Section 202 of the Immigration 
and Nationality Act (8 U.S.C. 1152) is amended— 
(A) in subsection (a)(4)— 
(i) by striking subparagraphs (A) and 
(B); 
(ii) by redesignating subparagraphs 
(C) and (D) as subparagraphs (A) and 
(B), respectively; and 
(iii) in subparagraph (A), as redesig-
nated by clause (ii) of this paragraph, by 
striking ‘‘section 203(a)(2)(B)’’ and insert-
ing ‘‘section 203(a)(2)’’; and 
(B) in subsection (e), in the flush matter 
following paragraph (3), by striking ‘‘, or as 
limiting the number of visas that may be issued 
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312 
under section 203(a)(2)(A) pursuant to sub-
section (a)(4)(A)’’. 
(3) ALLOCATION OF IMMIGRATION VISAS.—Sec-
tion 203(h) of the Immigration and Nationality Act 
(8 U.S.C. 1153(h)) is amended— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph 
(A), 
by 
striking 
‘‘subsections 
(a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (d)’’; 
(ii) in subparagraph (A), by striking 
‘‘becomes available for such alien (or, in 
the case of subsection (d), the date on 
which an immigrant visa number became 
available for the alien’s parent),’’ and in-
serting ‘‘became available for the alien’s 
parent,’’; and 
(iii) in subparagraph (B), by striking 
‘‘applicable’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) PETITIONS DESCRIBED.—The petition de-
scribed in this paragraph is a petition filed under 
section 204 for classification of the alien’s parent 
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313 
under subsection (a), (b), or (c) of this section.’’; 
and 
(C) in paragraph (3), by striking ‘‘sub-
sections (a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (d)’’. 
(4) PROCEDURE
FOR
GRANTING
IMMIGRANT 
STATUS.—Section 204 of the Immigration and Na-
tionality Act (8 U.S.C. 1154) is amended— 
(A) in subsection (a)(1)— 
(i) in subparagraph (A)— 
(I) in clause (i), by inserting ‘‘or 
lawful permanent resident’’ after ‘‘cit-
izen’’; 
(II) in clause (ii), by striking 
‘‘described in the second sentence of 
section 201(b)(2)(A)(i) also’’ and in-
serting ‘‘, alien child, or alien parent 
described in section 201(b)(2)(A)’’; 
(III) in clause (iii)— 
(aa) in subclause (I)(aa), by 
inserting ‘‘or legal permanent 
resident’’ after ‘‘citizen’’; and 
(bb) in subclause (II)(aa)— 
(AA) in subitems (AA) 
and (BB), by inserting ‘‘or 
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314 
legal permanent resident;’’ 
after ‘‘citizen’’ each place 
that term appears; 
(BB) in subitem (CC), 
by inserting ‘‘or legal per-
manent resident’’ after ‘‘cit-
izen’’ each place that term 
appears; and 
(CC) 
in 
subitem 
(CC)(bbb), by inserting ‘‘or 
legal permanent resident’’ 
after ‘‘citizenship’’; 
(IV) in clause (iv), by inserting 
‘‘or legal permanent resident’’ after 
‘‘citizen’’ each place that term ap-
pears; 
(V) in clause (v)(I), by inserting 
‘‘or legal permanent resident’’ after 
‘‘citizen’’; and 
(VI) in clause (vi)— 
(aa) by inserting ‘‘or legal 
permanent resident status’’ after 
‘‘renunciation 
of 
citizenship’’; 
and 
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315 
(bb) by inserting ‘‘or legal 
permanent resident’’ after ‘‘abus-
er’s citizenship’’; 
(ii) by striking subparagraph (B); 
(iii) in subparagraph (C), by striking 
‘‘subparagraph (A)(iii), (A)(iv), (B)(ii), or 
(B)(iii)’’ and inserting ‘‘clause (iii) or (iv) 
of subparagraph (A)’’; and 
(iv) in subparagraph (J), by striking 
‘‘or clause (ii) or (iii) of subparagraph 
(B)’’; 
(B) in subsection (a), by striking para-
graph (2); 
(C) in subsection (c)(1), by striking ‘‘or 
preference status’’; and 
(D) in subsection (h), by striking ‘‘or a pe-
tition filed under subsection (a)(1)(B)(ii)’’. 
SEC. 303. COUNTRY LIMITS. 
Section 202(a) of the Immigration and Nationality 
Act (8 U.S.C. 1152(a)) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘, (4), and (5)’’ and insert-
ing ‘‘and (4)’’; 
(B) by striking ‘‘subsections (a) and (b) of 
section 203’’ and inserting ‘‘section 203(a)’’; 
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316 
(C) by striking ‘‘7 percent (in the case of 
a single foreign state) or 2 percent’’ and insert-
ing ‘‘10 percent (in the case of a single foreign 
state) or 5 percent’’; and 
(D) by striking ‘‘such subsections’’ and in-
serting ‘‘such section’’; and 
(2) by striking paragraph (5). 
SEC. 304. PROMOTING FAMILY UNITY. 
(a) 
WAIVERS
OF
INADMISSIBILITY.—Section 
212(a)(9) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)) is amended— 
(1) in subparagraph (B)— 
(A) in clause (iii)— 
(i) in subclause (I), by striking ‘‘18 
years of age’’ and inserting ‘‘21 years of 
age’’; 
(ii) by moving subclause (V) 4 ems to 
the right; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(VI) Clause (i) shall not apply 
to an alien for whom an immigrant 
visa is available or was available on or 
before the date of the enactment of 
the CIR ASAP Act of 2009, and is 
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317 
otherwise admissible to the United 
States for permanent residence; and’’; 
(B) in clause (v)— 
(i) by striking ‘‘spouse or son or 
daughter’’ and inserting ‘‘spouse, son, 
daughter, or parent’’; 
(ii) by striking ‘‘extreme’’; 
(iii) by inserting ‘‘, son, daughter,’’ 
after ‘‘lawfully resident spouse’’; and 
(iv) by striking ‘‘alien.’’ and inserting 
‘‘alien or, if the Attorney General deter-
mines that a waiver is necessary for hu-
manitarian purposes, to ensure family 
unity or is otherwise in the public inter-
est.’’; and 
(2) in subparagraph (C), by amending clause 
(ii) to read as follows: 
‘‘(ii) EXCEPTIONS.—Clause (i) shall 
not apply to an alien— 
‘‘(I) seeking admission more than 
10 years after the date of the alien’s 
last departure from the United States 
if, prior to the alien’s reembarkation 
at a place outside the United States 
or attempt to be readmitted from a 
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318 
foreign contiguous territory, the Sec-
retary of Homeland Security has con-
sented to the alien’s reapplication for 
admission; or 
‘‘(II) for whom an immigrant 
visa is available or was available on or 
before the date of the enactment of 
this Act, and is otherwise admissible 
to the United States for permanent 
residence.’’. 
(b) FALSE CLAIMS AND MISREPRESENTATIONS.— 
The Immigration and Nationality Act (8 U.S.C. 1101, et 
seq.) is amended— 
(1) 
in 
section 
237(a)(3)(D) 
(8 
U.S.C. 
1227(a)(3)(D)), by inserting ‘‘and willfully’’ after 
‘‘falsely’’ each place such term appears; 
(2) in section 212(a)(6)(C)(ii) (8 U.S.C. 
1182(a)(6)(C)(ii)), by inserting ‘‘and willfully’’ after 
‘‘falsely’’ each place such term appears; 
(3) in section 212(a)(6)(C)(iii) (8 U.S.C. 
1182(a)(6)(C)(iii)), by striking ‘‘of clause (i)’’; and 
(4) by amending section 212(i)(1) (8 U.S.C. 
1182(i)(1)) to read as follows: 
‘‘(1) The Attorney General or the Secretary of 
Homeland Security may, in the discretion of the At-
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319 
torney General or the Secretary, waive the applica-
tion of subsection (a)(6)(C) in the case of an immi-
grant who is the parent, spouse, son, or daughter of 
a United States citizen or of an alien lawfully admit-
ted for permanent residence, or an alien granted 
classification under clause (iii) or (iv) of section 
204(a)(1)(A), if it is established to the satisfaction 
of the Attorney General or the Secretary that the 
admission to the United States of such alien would 
not be contrary to the national welfare, safety, or se-
curity of the United States.’’. 
SEC. 305. SURVIVING RELATIVES. 
(a) CONTINUED WAIVER ELIGIBILITY FOR WIDOWS, 
WIDOWERS
AND
ORPHANS.—Section 212(a)(2)(F) is 
amended to read as follows: 
‘‘(F) CONTINUED
WAIVER
ELIGIBILITY 
FOR
WIDOWS, WIDOWERS
AND
ORPHANS.—In 
the case of an alien who would have been statu-
torily eligible for a waiver of inadmissibility 
under the Immigration and Nationality Act but 
for the death of the qualifying relative, the alien 
may be considered for any waiver under the Im-
migration and Nationality Act notwithstanding 
the death of the qualifying relative upon a 
showing of hardship to the alien or a family 
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320 
member, or that the granting of the waiver is 
in the public interest.’’. 
(b) NATURALIZATION OF SURVIVING RELATIVES.— 
Section 319(a) of the Immigration and Nationality Act (8 
U.S.C. 1430(a)) is amended by inserting ‘‘(or, if the 
spouse is deceased, the spouse was a citizen of the United 
States)’’ after ‘‘citizen of the United States’’. 
(c) PROTECTION FOR THE SURVIVING RELATIVES OF 
REFUGEES AND ASYLEES.—An alien described in section 
204(l)(2)(D) of the Immigration and Nationality Act may 
have such petition described in paragraph (2) of section 
204(l) or an application for adjustment of status to that 
of a person admitted for lawful permanent residence based 
upon the family relationship described in such paragraph, 
and any related applications, adjudicated notwithstanding 
the death of the qualifying relative, regardless of whether 
the alien is present inside or outside the United States 
at the time of the qualifying relative’s death or after the 
qualifying relative’s death. 
SEC. 306. EXTENSION OF WAIVER AUTHORITY. 
Section 217(c)(8)(A)(iii) of the Immigration and Na-
tionality Act (8 U.S.C. 1187(c)(8)(A)(iii)) is amended— 
(1) by striking ‘‘June 30, 2009’’ and inserting 
‘‘June 30, 2011’’; and 
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(2) by striking ‘‘July 1, 2009’’ and inserting 
‘‘July 1, 2011’’. 
SEC. 307. DISCRETIONARY WAIVER FOR LONG-TERM LAW-
FUL PERMANENT RESIDENTS. 
Section 240A(a) is amended by inserting after para-
graph (3) the following: 
‘‘The Attorney General may waive the application of sub-
paragraph (C) to an individual only if the individual’s con-
viction resulted in a sentence served of two years or less 
and the Attorney General determines in his or her sole 
discretion that the individual does not pose a danger to 
the community or a national security threat and that sub-
paragraph (C) should be waived for compelling reasons 
such as to preserve family unity or because removal is oth-
erwise not in the public interest.’’. 
SEC. 308. CONTINUOUS PRESENCE. 
Section 240A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1229b(d)) is amended by striking para-
graph (1). 
SEC. 309. BAR ON THE REMOVAL OF CERTAIN REFUGEES, 
PAROLEES OR ASYLEES. 
(a) IN GENERAL.—Chapter 4 of title II of the Immi-
gration and Nationality Act is amended by inserting after 
section 237 the following new section: 
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322 
‘‘SEC. 237A. BAR ON REMOVAL OF CERTAIN REFUGEES, PA-
ROLEES OR ASYLEES. 
‘‘ ‘No individual who fled their homeland for fear of 
persecution while under the age of 12 years and was later 
admitted to the United States as a refugee or parolee or 
was granted asylum in the United States shall be removed 
from the United States.’ ’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for the Immigration and Nationality 
Act is amended by inserting after the item relating to sec-
tion 237 the following new item: 
‘‘Sec. 237A. Bar on removal of certain refugees, parolees or asylees.’’. 
SEC. 310. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR 
CERTAIN VETERANS WHO ARE NATIVES OF 
PHILIPPINES. 
Section 201(b)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1151(b)(1)) is amended by adding at the 
end the following: 
‘‘(F) Aliens who are eligible for an immi-
grant visa under paragraph (1) or (3) of section 
203(a) and who have a parent who was natural-
ized pursuant to section 405 of the Immigration 
Act of 1990 (8 U.S.C. 1440 note).’’. 
SEC. 311. FIANCE´ E OR FIANCE´ CHILD STATUS PROTECTION. 
(a) DEFINITION.—Section 101(a)(15)(K)(iii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
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1101(a)(15)(K)(iii)) is amended by inserting before the 
semicolon at the end the following: ‘‘if a determination of 
the age of such minor child is made using the age of the 
alien on the date on which the petition is filed with the 
Secretary of Homeland Security to classify the alien’s par-
ent as the fiance´e or fiance´ of a United States citizen (in 
the case of an alien parent described in clause (i)) or as 
the spouse of a United States citizen under section 
201(b)(2)(A)(i) (in the case of an alien parent described 
in clause (ii))’’. 
(b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 
214(d) of the Immigration and Nationality Act (8 U.S.C. 
1184(d)) is amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; 
(2) in paragraph (1), by striking the last sen-
tence; and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2)(A) If an alien does not marry the peti-
tioner under paragraph (1) within 3 months after 
the alien and the alien’s minor children are admitted 
into the United States, such alien and children shall 
be required to depart from the United States. If 
such aliens fail to depart from the United States, 
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they shall be removed in accordance with sections 
240 and 241. 
‘‘(B) Subject to subparagraphs (C) and (D), if 
an alien marries the petitioner described in section 
101(a)(15)(K)(i) within 3 months after the alien is 
admitted into the United States, the Secretary of 
Homeland Security or the Attorney General, subject 
to the provisions of section 245(d), may adjust the 
status of the alien, and any minor children accom-
panying or following to join the alien, to that of an 
alien lawfully admitted for permanent residence on 
a conditional basis under section 216 if the alien 
and any such minor children apply for such adjust-
ment and are not determined to be inadmissible to 
the United States. 
‘‘(C) Paragraphs (5) and (7)(A) of section 
212(a) shall not apply to an alien who is eligible to 
apply for adjustment of his or her status to an alien 
lawfully admitted for permanent residence under this 
section. 
‘‘(D) An alien eligible for a waiver of inadmis-
sibility as otherwise authorized under this Act shall 
be permitted to apply for adjustment of his or her 
status to that of an alien lawfully admitted for per-
manent residence under this section.’’. 
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(c) AGE DETERMINATION.—Section 245(d) of the 
Immigration and Nationality Act (8 U.S.C. 1155(d)) is 
amended— 
(1) by striking ‘‘(d) The Attorney General’’ in-
serting the following: 
‘‘(d)(1) The Attorney General’’; and 
(2) by adding at the end the following: 
‘‘(2) A determination of the age of an alien ad-
mitted 
to 
the 
United 
States 
under 
section 
101(a)(15)(K)(iii) shall be made, for purposes of ad-
justment to the status of an alien lawfully admitted 
for permanent residence on a conditional basis under 
section 216, using the age of the alien on the date 
on which the petition is filed with the Secretary of 
Homeland Security to classify the alien’s parent as 
the fiance´e or fiance´ of a United States citizen (in 
the case of an alien parent admitted to the United 
States under section 101(a)(15)(K)(i)) or as the 
spouse of a United States citizen under section 
201(b)(2)(A)(i) (in the case of an alien parent ad-
mitted 
to 
the 
United 
States 
under 
section 
101(a)(15)(K)(ii)).’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall be effective as if included in the 
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Immigration Marriage Fraud Amendments of 1986 
(Public Law 99–639). 
(2) APPLICABILITY.—The amendments made 
by this section shall apply to all petitions or applica-
tions described in such amendments that— 
(A) are pending as of the date of the en-
actment of this Act; or 
(B) have been denied, but would have been 
approved if such amendments had been in effect 
at the time of adjudication of the petition or 
application. 
(3) MOTION TO REOPEN OR RECONSIDER.—A 
motion to reopen or reconsider a petition or applica-
tion described in paragraph (2)(B) shall be granted 
if such motion is filed with the Secretary of Home-
land Security or the Attorney General not later than 
2 years after the date of the enactment of this Act 
and the Secretary shall use parole authority to per-
mit an alien outside the United States to pursue a 
petition or application that has been reopened. 
SEC. 312. EQUAL TREATMENT FOR ALL STEPCHILDREN. 
Section 101(b)(1)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(b)(1)(B)) is amended by striking 
‘‘, provided the child had not reached the age of eighteen 
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years at the time the marriage creating the status of step-
child occurred’’. 
SEC. 313. SONS AND DAUGHTERS OF FILIPINO WORLD WAR 
II VETERANS. 
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 
by section 310 of this Act, is further amended by adding 
at the end the following: 
‘‘(G) Aliens who are eligible for a visa 
under paragraph (1) or (3) of section 203(a) 
and are the son or daughter of a citizen of the 
United States who was naturalized pursuant to 
section 405 of the Immigration Act of 1990 (8 
U.S.C. 1440 note).’’. 
SEC. 314. DETERMINATIONS UNDER THE HAITIAN REFUGEE 
IMMIGRATION FAIRNESS ACT OF 1998. 
(a) IN GENERAL.—Section 902(d) of the Haitian 
Refugee Immigration Fairness Act of 1998 (8 U.S.C. 
1255 note) is amended by adding at the end the following: 
‘‘(3) DETERMINATIONS
WITH
RESPECT
TO 
CHILDREN.— 
‘‘(A) 
USE
OF
APPLICATION
FILING 
DATE.—Determinations made under this sub-
section as to whether an individual is a child of 
a parent shall be made using the age and status 
of the individual on October 21, 1998. 
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328 
‘‘(B) APPLICATION
SUBMISSION
BY
PAR-
ENT.—Notwithstanding paragraph (1)(C), an 
application under this subsection filed based on 
status as a child may be filed for the benefit of 
such child by a parent or guardian of the child, 
if the child is physically present in the United 
States on such filing date.’’. 
(b) NEW APPLICATIONS
AND MOTIONS TO RE-
OPEN.— 
(1) NEW APPLICATIONS.—Notwithstanding sec-
tion 902(a)(1)(A) of the Haitian Refugee Immigra-
tion Fairness Act of 1998, an alien who is eligible 
for adjustment of status under such Act may submit 
an application for adjustment of status under such 
Act not later than the later of— 
(A) 2 years after the date of the enactment 
of this Act; or 
(B) 1 year after the date on which final 
regulations are promulgated to implement this 
section and the amendment made by subsection 
(a). 
(2) MOTIONS TO REOPEN.—The Secretary shall 
establish procedures for the reopening and reconsid-
eration of applications for adjustment of status 
under the Haitian Refugee Immigration Fairness 
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329 
Act of 1998 that are affected by the amendment 
made by subsection (a). 
(3) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—Section 902(a)(3) of the Haitian 
Refugee Immigration Fairness Act of 1998 shall 
apply to an alien present in the United States who 
has been ordered excluded, deported, removed, or or-
dered to depart voluntarily, and who files an applica-
tion under paragraph (1) or a motion under para-
graph (2), in the same manner as such section 
902(a)(3) applied to aliens filing applications for ad-
justment of status under such Act prior to April 1, 
2000. 
(c) INADMISSIBILITY DETERMINATION.—Section 902 
of the Haitian Refugee Immigration Fairness Act of 1998 
(8 U.S.C. 1255 note) is amended— 
(1) in subsection (a)(1)(B), by inserting 
‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’; and 
(2) in subsection (d)(1)(D), by inserting 
‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 
SEC. 315. DISCRETIONARY AUTHORITY. 
Section 240(c)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1229a(c)(4)) is amended by adding at the 
end the following: 
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330 
‘‘(D) DISCRETION OF JUDGE IN CASE OF 
CITIZEN CHILD.—In the case of an alien subject 
to removal, deportation, or exclusion who is the 
parent of a child who is a citizen of the United 
States, the immigration judge may exercise dis-
cretion to decline to order the alien removed, 
deported, or excluded from the United States if 
the judge determines that such removal, depor-
tation, or exclusion is clearly against the best 
interests of the child, except that this subpara-
graph shall not apply to any alien who the 
judge determines— 
‘‘(i) is described in section 212(a)(3) 
or 237(a)(4); or 
‘‘(ii) has engaged in conduct described 
in paragraph (8) or (9) of section 103 of 
the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7102).’’. 
SEC. 316. AFFIDAVIT OF SUPPORT. 
Section 213A of the Immigration and Nationality Act 
(8 U.S.C. 1183a) is amended— 
(1) in subsection (a)(1)(A) by striking ‘‘125’’ 
and inserting ‘‘100’’; 
(2) in subsection (f)(1)(E), by striking ‘‘125’’ 
and inserting ‘‘100’’; 
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(3) in subsection (f)(4)(B)(i), by striking ‘‘125’’ 
and inserting ‘‘100’’; and 
(4) in subsection (f)(5)(A), by striking ‘‘125’’ 
and inserting ‘‘100’’. 
SEC. 317. VISA TO PREVENT UNAUTHORIZED MIGRATION. 
(a) WORLDWIDE LEVEL OF TRANSITIONAL VISAS.— 
Section 201 of the Immigration and Nationality Act (8 
U.S.C. 1152) is amended by adding at the end the fol-
lowing: 
‘‘(g) WORLDWIDE LEVEL OF PUM IMMIGRANTS.— 
The worldwide level of PUM immigrants is equal to 
100,000 for each fiscal year the PUM visa is authorized.’’. 
(b) TRANSITION
TO SAFE
AND LEGAL IMMIGRA-
TION.—Section 203 of the Immigration and Nationality 
Act is amended by adding at the end the following: 
‘‘(i) PREVENT UNAUTHORIZED MIGRATION (PUM) 
TRANSITIONAL VISA.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), aliens subject to the worldwide level speci-
fied in section 201(g) for PUM immigrants shall be 
allotted visas during the first three fiscal years fol-
lowing 6 months after enactment of the CIR ASAP 
Act of 2009 as follows: 
‘‘(A) 
DETERMINATION
OF
ADMISSION 
STATES.—The Secretary shall determine for the 
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332 
most recent previous 5-fiscal year period for 
which data are available— 
‘‘(i) each country (in this paragraph 
referred to as a ‘transitional visa admis-
sion state’) whose nationals represented 
not less than 5 percent of the total number 
of unauthorized immigrants to the United 
States during the 5-fiscal year period; and 
‘‘(ii) the percentage of unauthorized 
immigrants that nationals of each transi-
tional visa admission state represented of 
the total number of unauthorized immi-
grants to all transitional visa admission 
states during the 5-year period. 
‘‘(B) DISTRIBUTION OF VISAS.— 
‘‘(i) FOR A TRANSITIONAL VISA AD-
MISSION
STATE.—Subject to clause (ii), 
the percentage of immigrant visas made 
available under this paragraph to nationals 
of any single transitional visa admission 
state shall not exceed the percentage deter-
mined for that transitional visa admission 
state in subparagraph (A)(ii). 
‘‘(ii) REDISTRIBUTION
OF
UNUSED 
VISA NUMBERS.—If the Secretary of State 
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333 
estimates that the number of immigrant 
visas to be issued to nationals in any state 
for a fiscal year under this paragraph is 
less than the number of immigrant visas 
made available to such nationals under this 
paragraph for the fiscal year, the excess 
visa numbers shall be made available to 
nationals of the other states in proportion 
to the percentages otherwise specified in 
subparagraph (A)(ii). 
‘‘(2) ELIGIBILITY.—An alien is not eligible for 
a visa under this subsection unless the alien— 
‘‘(A) at the time of application for such a 
visa, is not present in the United States and is 
not entitled to an immigrant status under any 
other provision of the Immigration and Nation-
ality Act; 
‘‘(B) has no other employment-based or 
family-based visa application pending; 
‘‘(C) submits to a security and law en-
forcement background check, according to pro-
cedures established by the Secretary; and 
‘‘(D) with regard to education, has com-
pleted less than a 4-year college degree pro-
gram. 
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334 
‘‘(3) REQUIREMENT WITH REGARD TO PARTICI-
PATION IN DATA COLLECTION AND STUDY.—Transi-
tional visa holders shall be required to participate in 
data collection and study as described in section 
501(b)(1)(G) of this Act that the Labor Commission 
deems necessary or helpful to fulfill its purpose and 
mission. 
‘‘(4) MAINTENANCE
OF
INFORMATION.—The 
Secretary of State shall maintain information on the 
age, occupation, education level, and other relevant 
characteristics of immigrants issued visas under this 
subsection and share such information to the Labor 
Commission in Title V of this Act as needed. 
‘‘(5) ORDER
OF
CONSIDERATION.—Immigrant 
visas made available each fiscal year under this sub-
section shall be issued to eligible qualified immi-
grants in a random order established by the Sec-
retary of State.’’. 
SEC. 318. ADJUSTMENT OF STATUS. 
(a) CONDITIONAL
PERMANENT
RESIDENT
STA-
TUS.— 
(1) IN GENERAL.— 
(A) CONDITIONAL
BASIS
FOR
STATUS.— 
Notwithstanding any other provision of law, an 
alien whose status has been adjusted under sub-
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335 
section (b) to that of an alien lawfully admitted 
for permanent residence shall be considered to 
have obtained such status on a conditional basis 
subject to the provisions of this paragraph. 
Such conditional permanent resident status 
shall be valid for a period of 3 years, subject to 
termination under paragraph (2). 
(B) NOTICE OF REQUIREMENTS.—At the 
time an alien obtains permanent resident status 
on a conditional basis under subsection (b), the 
Secretary of Homeland Security shall provide 
notice to the alien regarding the provisions of 
this section and the requirements of paragraph 
(3) to have the conditional basis of such status 
removed. 
(2) TERMINATION OF STATUS.— 
(A) IN GENERAL.—The Secretary shall ter-
minate the conditional permanent resident sta-
tus of any alien who obtained such status under 
this Act, if the Secretary determines that the 
alien ceases to meet the requirements of sub-
section (b)(1). 
(B) RETURN TO COUNTRY OF ORIGIN.— 
Any alien whose conditional permanent resident 
status is terminated under subparagraph (A) 
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336 
shall be required to return to their country of 
origin. 
(3) REQUIREMENTS OF TIMELY PETITION FOR 
REMOVAL OF CONDITION.— 
(A) IN GENERAL.—In order for the condi-
tional basis of the permanent resident status 
obtained by an alien under subsection (b) to be 
removed, the alien must file with the Secretary 
of Homeland Security, in accordance with para-
graph (4), a petition which requests the re-
moval of such conditional basis and which pro-
vides, under penalty of perjury, the facts and 
information so that the Secretary may make the 
determination described in subparagraph (B)(i). 
(B) ADJUDICATION OF PETITION TO RE-
MOVE CONDITION.— 
(i) IN GENERAL.—If a petition is filed 
in accordance with clause (A) for an alien, 
the Secretary shall make a determination 
as to whether the alien meets the require-
ments set out in subparagraphs (A) and 
(B) of paragraph (4). 
(ii) REMOVAL OF CONDITIONAL BASIS 
IF
FAVORABLE
DETERMINATION.—If the 
Secretary determines that the alien meets 
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337 
such requirements, the Secretary shall no-
tify the alien of such determination and 
immediately remove the conditional basis 
of the status of the alien. 
(iii) TERMINATION
OF
CONDITIONAL 
STATUS
IF
UNFAVORABLE
DETERMINA-
TION.—If the Secretary determines that 
the alien does not meet such requirements, 
the Secretary shall notify the alien of such 
determination and terminate conditional 
permanent resident status of the alien as 
of the date of the determination. 
(C) TIME
TO
FILE
PETITION.—An alien 
may petition to remove the conditional basis of 
lawful resident status during the period begin-
ning 90 days before and ending 180 days after 
either the date that is 3 years after the date of 
granting conditional permanent resident status 
or any other expiration date of the conditional 
permanent resident status provided by the Sec-
retary in accordance with this Act. The alien 
shall be deemed in conditional permanent resi-
dent status in the United States during the pe-
riod in which the petition is pending. 
(4) DETAILS OF PETITION.— 
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338 
(A) CONTENTS OF PETITION.—Each peti-
tion for an alien under paragraph (3)(A) shall 
contain information to permit the Secretary to 
determine whether each of the following re-
quirements is met: 
(i) The alien has demonstrated good 
moral character during the entire period 
the alien has been a conditional permanent 
resident. 
(ii) The alien is in compliance with 
subsection (b)(1). 
(iii) The alien has not abandoned the 
alien’s residence in the United States. The 
Secretary shall presume that the alien has 
abandoned such residence if the alien is 
absent from the United States for more 
than 365 days, in the aggregate, during 
the period of conditional residence, unless 
the alien demonstrates that the alien has 
not abandoned the alien’s residence. An 
alien who is absent from the United States 
due to active service in the uniformed serv-
ices has not abandoned the alien’s resi-
dence in the United States during the pe-
riod of such service. 
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(iv) The alien has satisfied all Federal 
income tax liabilities and is in good stand-
ing with the Internal Revenue Service as 
described in (B) of this paragraph. 
(v) where applicable, can establish 
proof of registration under the Military Se-
lective Service Act (50 U.S.C. App. 451 et 
seq.). 
(B) PAYMENT OF INCOME TAXES.— 
(i) IN GENERAL.—Not later than the 
date on which status is adjusted under this 
section, a conditional nonimmigrant or 
conditional nonimmigrant dependent shall 
satisfy any applicable Federal tax liability 
by establishing that— 
(I) no such tax liability exists; 
(II) all outstanding liabilities 
have been paid; or 
(III) 
the 
conditional 
non-
immigrant has entered into, and is in 
compliance with, an agreement for 
payment of all outstanding liabilities 
with the Internal Revenue Service. 
(ii) APPLICABLE
FEDERAL
TAX
LI-
ABILITY.—For purposes of (i), the term 
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340 
‘‘applicable Federal tax liability’’ means li-
ability for Federal taxes, including pen-
alties and interest, owed for any year while 
classified as a conditional permanent resi-
dent for which the statutory period for as-
sessment of any deficiency for such taxes 
has not expired. 
(iii) IRS COOPERATION.—The Sec-
retary of the Treasury shall establish rules 
and procedures under which the Commis-
sioner of Internal Revenue shall provide 
documentation to— 
(I) a conditional permanent resi-
dent, upon request, to establish the 
payment of all taxes required under 
this subsection; or 
(II) the Secretary, upon request, 
regarding the payment of Federal 
taxes by an alien applying for a ben-
efit under this section. 
(iv) COMPLIANCE.—The alien may 
satisfy proof of compliance with this sub-
section by submitting documentation that 
establishes that— 
(I) no such tax liability exists; 
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341 
(II) all outstanding liabilities 
have been met; or 
(III) the alien has entered into, 
and is in compliance with, an agree-
ment for payment of all outstanding 
liabilities with the Internal Revenue 
Service. 
(b) ADJUSTMENT OF STATUS.— 
(1) 
ADJUSTMENT
OF
STATUS.—Notwith-
standing any other provision of law, and except as 
otherwise provided in this Act, the Secretary of 
Homeland Security may adjust the status of an alien 
granted a PUM visa, subject to the conditional basis 
described in subsection (a), if the alien demonstrates 
that the alien is not inadmissible under paragraph 
(2) (criminal grounds), (3) (security grounds), 4(A) 
and (B) (public charge), 6(E) (smugglers), or 10(C) 
(child abductors) of section 212(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)), 
(2) MANDATORY FEE.—Aliens granted a waiver 
of inadmissibility from 212(a) not listed in (1) shall 
pay a $500 fee that shall be deposited into the Secu-
rity and Prosperity Account as described in section 
502 of the Comprehensive Immigration Reform 
ASAP Act of 2009. 
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342 
(3) ALIENS NOT SUBJECT TO DIRECT NUMER-
ICAL
LIMITATIONS.—Section 201(b)(1) (8 U.S.C. 
1151(b)(1)), as amended by sections 310, 313, and 
317(a) of this Act, is further amended by adding at 
the end the following: 
‘‘(I) Aliens whose status is adjusted under 
section 203(i).’’. 
SEC. 319. RULEMAKING. 
The Secretary shall promulgate regulations regarding 
the timely filing and processing of applications for visas 
awarded under section 203(i) of the Immigration and Na-
tionality Act, as added by section 317(b) of this Act. 
SEC. 320. UNITED STATES-EDUCATED IMMIGRANTS. 
(a) EXEMPTION FROM NUMERICAL LIMITATIONS.— 
(1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. 
1151(b)(1)), as amended by sections 310, 313, 
317(a), and 318(b)(3) of this Act, is further amend-
ed by adding at the end the following: 
‘‘(J) Aliens who have earned a master’s or 
higher degree from an accredited university in 
the United States. 
‘‘(K) Aliens who have been awarded med-
ical specialty certification based on postdoctoral 
training and experience in the United States 
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343 
preceding their application for an immigrant 
visa under section 203(b). 
‘‘(L) Aliens who will perform labor in 
shortage occupations designated by the Sec-
retary of Labor for blanket certification under 
section 212(a)(5)(A) as lacking sufficient 
United States workers able, willing, qualified, 
and available for such occupations and for 
which the employment of aliens will not ad-
versely affect the terms and conditions of simi-
larly employed United States workers. 
‘‘(M) Aliens who have earned a master’s 
degree or higher in science, technology, engi-
neering, or mathematics and have been working 
in a related field in the United States in a non-
immigrant status during the 3-year period pre-
ceding their application for an immigrant visa 
under section 203(b). 
‘‘(N) Aliens described in subparagraph (A) 
or (B) of section 203(b)(1) or who have re-
ceived a national interest waiver under section 
203(b)(2)(B). 
‘‘(O) The spouse and minor children of an 
alien described in subparagraph (J), (K), (L), 
(M), or (N).’’. 
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344 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) shall apply to any visa application— 
(A) pending on the date of the enactment 
of this Act; or 
(B) filed on or after such date of enact-
ment. 
(b) 
LABOR
CERTIFICATIONS.—Section 
212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amend-
ed— 
(1) in subclause (I), by striking ‘‘, or’’ and in-
serting a semicolon; 
(2) in subclause (II), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(III) is a member of the profes-
sions and has a master’s degree or 
higher from an accredited university 
in the United States or has been 
awarded medical specialty certification 
based on postdoctoral training and ex-
perience in the United States.’’. 
(c) ATTESTATION BY HEALTH CARE WORKERS.— 
(1) REQUIREMENT FOR ATTESTATION.—Section 
212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by add-
ing at the end the following: 
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345 
‘‘(E) HEALTH
CARE
WORKERS
WITH 
OTHER OBLIGATIONS.— 
‘‘(i) IN
GENERAL.—An alien who 
seeks to enter the United States for the 
purpose of performing labor as a physician 
or other health care worker is inadmissible 
unless the alien submits to the Secretary of 
Homeland Security or the Secretary of 
State, as appropriate, an attestation that 
the alien is not seeking to enter the United 
States for such purpose during any period 
in which the alien has an outstanding obli-
gation to the government of the alien’s 
country of origin or the alien’s country of 
residence. 
‘‘(ii) OBLIGATION DEFINED.—In this 
subparagraph, the term ‘obligation’ means 
an obligation incurred as part of a valid, 
voluntary individual agreement in which 
the alien received financial assistance to 
defray the costs of education or training to 
qualify as a physician or other health care 
worker in consideration for a commitment 
to work as a physician or other health care 
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346 
worker in the alien’s country of origin or 
the alien’s country of residence. 
‘‘(iii) WAIVER.—The Secretary of 
Homeland Security may waive a finding of 
inadmissibility under clause (i) if the Sec-
retary determines that— 
‘‘(I) the obligation was incurred 
by coercion or other improper means; 
‘‘(II) the alien and the govern-
ment of the country to which the alien 
has an outstanding obligation have 
reached a valid, voluntary agreement, 
pursuant to which the alien’s obliga-
tion has been deemed satisfied, or the 
alien has shown to the satisfaction of 
the Secretary that the alien has been 
unable to reach such an agreement 
because of coercion or other improper 
means; or 
‘‘(III) the obligation should not 
be enforced due to other extraordinary 
circumstances, including undue hard-
ship that would be suffered by the 
alien in the absence of a waiver.’’. 
(2) EFFECTIVE DATE AND APPLICATION.— 
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347 
(A) EFFECTIVE
DATE.—The amendment 
made by paragraph (1) shall become effective 
180 days after the date of the enactment of this 
Act. 
(B) APPLICATION BY THE SECRETARY.— 
The Secretary shall begin to carry out section 
212(a)(5)(E) of the Immigration and Nation-
ality Act, as added by paragraph (1), not later 
than the effective date described in subpara-
graph (A), including the requirement for the at-
testation and the granting of a waiver described 
in such section, regardless of whether regula-
tions to implement such section have been pro-
mulgated. 
SEC. 321. RETAINING WORKERS SUBJECT TO GREEN CARD 
BACKLOG. 
(a) ADJUSTMENT
OF
STATUS.—Section 245 (8 
U.S.C. 1255), as amended by this title, is further amended 
by adding at the end the following: 
‘‘(n) ADJUSTMENT OF STATUS FOR EMPLOYMENT- 
BASED IMMIGRANTS.— 
‘‘(1) ELIGIBILITY.—The Secretary of Homeland 
Security shall promulgate regulations to provide for 
the filing of an application for adjustment of status 
by an alien (and any eligible dependents of such 
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348 
alien), regardless of whether an immigrant visa is 
immediately available at the time the application is 
filed, if the alien— 
‘‘(A) has an approved petition under sub-
paragraph (E) or (F) of section 204(a)(1); or 
‘‘(B) at the discretion of the Secretary, has 
a pending petition under subparagraph (E) or 
(F) of section 204(a)(1). 
‘‘(2) VISA AVAILABILITY.—An application filed 
pursuant to paragraph (1) may not be approved 
until an immigrant visa becomes available. 
‘‘(3) FEES.—If an application is filed pursuant 
to paragraph (1), the beneficiary of such application 
shall pay a supplemental fee of $500. Such fee may 
not be charged to any dependent accompanying or 
following to join such beneficiary. 
‘‘(4) EXTENSION OF EMPLOYMENT AUTHORIZA-
TION AND ADVANCED PAROLE DOCUMENT.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall provide employment 
authorization and advanced parole documents, 
in 3-year increments, to beneficiaries of an ap-
plication for adjustment of status based on a 
petition that is filed or, at the discretion of the 
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349 
Secretary, pending, under subparagraph (E) or 
(F) of section 204(a)(1). 
‘‘(B) 
FEE
ADJUSTMENTS.—Application 
fees under this subsection may be adjusted in 
accordance with the 3-year period of validity as-
signed to the employment authorization or ad-
vanced parole documents under subparagraph 
(A).’’. 
(b) USE OF FEES.—Section 286 (8 U.S.C. 1356) is 
amended— 
(1) in subsection (m)— 
(A) by striking ‘‘(m) Notwithstanding any 
other provisions of law,’’ and inserting the fol-
lowing: 
‘‘(m) 
IMMIGRATION
EXAMINATIONS
FEE
AC-
COUNT.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, all fees collected under section 
245(o)(3) and’’; 
(B) by striking ‘‘: Provided, however, That 
all’’ and inserting the following: 
‘‘(2) VIRGIN ISLANDS; GUAM.—All’’; and 
(C) by striking ‘‘: Provided further, That 
fees’’ and inserting the following: 
‘‘(3) COST RECOVERY.—Fees’’; 
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350 
(2) in subsection (n)— 
(A) by striking ‘‘(n) All deposits’’ and in-
serting the following: 
‘‘(4) USE OF FUNDS.— 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), all deposits’’; and 
(B) adding at the end the following: 
‘‘(B) SUPPLEMENTAL
FEE
FOR
ADJUST-
MENT OF STATUS OF EMPLOYMENT-BASED IM-
MIGRANTS.—Any amounts deposited into the 
Immigration Examinations Fee Account that 
were collected under section 245(o)(3) shall re-
main available until expended by the Secretary 
of Homeland Security for backlog reduction and 
clearing security background check delays.’’; 
(3) in subsection (o), by striking ‘‘(o) The At-
torney General’’ and inserting the following: 
‘‘(5) ANNUAL
FINANCIAL
REPORT
TO
CON-
GRESS.—The Attorney General’’; and 
(4) in subsection (p), by striking ‘‘(p) The pro-
visions set forth in subsections (m), (n), and (o) of 
this section’’ and inserting the following: 
‘‘(6) APPLICABILITY.—The provisions set forth 
in this subsection shall’’. 
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351 
SEC. 322. RETURN OF TALENT PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Return of Talent Act’’. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—Title III (8 U.S.C. 1401 et 
seq.) is amended by inserting after section 317 the 
following: 
‘‘SEC. 317A. TEMPORARY ABSENCE OF PERSONS PARTICI-
PATING IN THE RETURN OF TALENT PRO-
GRAM. 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity, in consultation with the Secretary of State, shall 
establish the Return of Talent Program to permit eligible 
aliens to temporarily return to the alien’s country of citi-
zenship in order to make a material contribution to that 
country if the country is engaged in postconflict or natural 
disaster reconstruction activities, for a period not longer 
than 2 years, unless an exception is granted under sub-
section (d). 
‘‘(b) ELIGIBLE ALIEN.—An alien is eligible to partici-
pate in the Return of Talent Program established under 
subsection (a) if the alien meets the special immigrant de-
scription under section 101(a)(27)(N). 
‘‘(c) FAMILY MEMBERS.—The spouse, parents, sib-
lings, and any minor children of an alien who participates 
in the Return of Talent Program established under sub-
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352 
section (a) may return to such alien’s country of citizen-
ship with the alien and reenter the United States with the 
alien. 
‘‘(d) EXTENSION OF TIME.—The Secretary of Home-
land Security may extend the 2-year period referred to in 
subsection (a) upon a showing that circumstances warrant 
that an extension is necessary for postconflict or natural 
disaster reconstruction efforts. 
‘‘(e) RESIDENCY REQUIREMENTS.—An immigrant 
described in section 101(a)(27)(N) who participates in the 
Return of Talent Program established under subsection 
(a), and the spouse, parents, siblings, and any minor chil-
dren who accompany such immigrant to that immigrant’s 
country of citizenship, shall be considered, during such pe-
riod of participation in the program— 
‘‘(1) for purposes of section 316(a), physically 
present and residing in the United States for pur-
poses of naturalization within the meaning of that 
section; and 
‘‘(2) for purposes of section 316(b), to meet the 
continuous residency requirements in that section. 
‘‘(f) OVERSIGHT
AND ENFORCEMENT.—The Sec-
retary of Homeland Security, in consultation with the Sec-
retary of State, shall oversee and enforce the requirements 
of this section.’’. 
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353 
(2) TABLE OF CONTENTS.—The table of con-
tents (8 U.S.C. 1101 et seq.) is amended by insert-
ing after the item relating to section 317 the fol-
lowing: 
‘‘317A. Temporary absence of persons participating in the Return of Talent 
Program’’.’’ 
(c) ELIGIBLE IMMIGRANTS.—Section 101(a)(27) (8 
U.S.C. 1101(a)(27)) is amended by adding at the end the 
following: 
‘‘(N) an immigrant who— 
‘‘(i) has been lawfully admitted to the 
United States for permanent residence; 
‘‘(ii) demonstrates an ability and will-
ingness to make a material contribution to 
the postconflict or natural disaster recon-
struction in the alien’s country of citizen-
ship; and 
‘‘(iii) as determined by the Secretary 
of State in consultation with the Secretary 
of Homeland Security— 
‘‘(I) is a citizen of a country in 
which Armed Forces of the United 
States are engaged, or have engaged 
in the 10 years preceding such deter-
mination, in combat or peacekeeping 
operations; 
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354 
‘‘(II) is a citizen of a country 
where authorization for United Na-
tions peacekeeping operations was ini-
tiated by the United Nations Security 
Council during the 10 years preceding 
such determination; or 
‘‘(III) is a citizen of a country 
which received, during the preceding 2 
years, funding from the Office of For-
eign Disaster Assistance of the United 
States Agency for International Devel-
opment in response to a declared dis-
aster in such country by the United 
States Ambassador, the Chief of the 
U.S. Mission, or the appropriate As-
sistant Secretary of State, that is be-
yond the ability of such country’s re-
sponse capacity and warrants a re-
sponse by the United States Govern-
ment.’’. 
(d) REPORT TO CONGRESS.—Not later than 2 years 
after the date of the enactment of this Act, the Secretary, 
in consultation with the Secretary of State, shall submit 
a report to Congress that describes— 
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355 
(1) the countries of citizenship of the partici-
pants in the Return of Talent Program established 
under section 317A of the Immigration and Nation-
ality Act, as added by subsection (b); 
(2) the postconflict or natural disaster recon-
struction efforts that benefitted, or were made pos-
sible, through participation in the program; and 
(3) any other information that the Secretary 
determines to be appropriate. 
(e) REGULATIONS.—Not later than 6 months after 
the date of the enactment of this Act, the Secretary shall 
promulgate regulations to carry out this section and the 
amendments made by this section. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to United States Citi-
zenship and Immigration Services such sums as may be 
necessary to carry out this section and the amendments 
made by this section. 
TITLE 
IV—EARNED 
LEGALIZA-
TION OF UNDOCUMENTED IN-
DIVIDUALS 
Subtitle A—Conditional 
Nonimmigrants 
SEC. 401. CONDITIONAL NONIMMIGRANTS. 
(a) IN GENERAL.— 
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356 
(1) REQUIRED REGISTRATION.—An alien as de-
scribed in this section shall register with the Depart-
ment of Homeland Security by submitting biometric 
identification pursuant to subsection (b) and filing 
an application with the Secretary that demonstrates 
the alien’s compliance with the requirements listed 
in subsections (b) through (e). 
(2) 
CLASSIFICATION.—Notwithstanding 
any 
other provision of law, including section 244(h) of 
the Immigration and Nationality Act (8 U.S.C. 
1254a(h)), the Secretary shall classify an alien as a 
conditional 
nonimmigrant 
or 
conditional 
non-
immigrant dependent if the alien registers pursuant 
to paragraph (1) and is determined to meet the re-
quirements listed in this section. 
(b) COMPLIANCE WITH SECURITY AND LAW EN-
FORCEMENT BACKGROUND CHECKS.—Registration and 
classification as a conditional nonimmigrant or conditional 
nonimmigrant dependent under this section is contingent 
upon the submission of all required biometric data in ac-
cordance with procedures established by the Secretary. 
(c) PHYSICAL PRESENCE.— 
(1) PRESENCE IN THE UNITED STATES.—The 
alien shall establish that the alien— 
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357 
(A) was present in the United States on 
the date of the introduction of this Act in the 
United States House of Representatives; 
(B) has been continuously present in the 
United States since the date described in sub-
paragraph (A); and 
(C) was not legally present in the United 
States on the date of the introduction of this 
Act in the United States House of Representa-
tives under any classification described in sec-
tion 101(a)(15) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)) or has been in 
violation of status on or before such date. 
(2) CONTINUOUS PRESENCE.—For purposes of 
this subsection, an absence from the United States 
without authorization for a continuous period of 
more than 180 days between the date of the enact-
ment of this Act and the beginning of the applica-
tion period for classification as a conditional non-
immigrant or conditional nonimmigrant dependent 
shall constitute a break in continuous physical pres-
ence. Individuals absent under advance parole shall 
not be considered as failing to meet the continuous 
physical presence requirement. 
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358 
(d) OTHERWISE
ADMISSIBLE
TO
THE
UNITED 
STATES.— 
(1) IN GENERAL.—An alien shall be eligible for 
classification as a conditional nonimmigrant or con-
ditional nonimmigrant dependent if the Secretary 
determines that the alien— 
(A) is not inadmissible to the United 
States under section 212(a) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)), except 
as provided in paragraph (2); 
(B) has not ordered, incited, assisted, or 
otherwise participated in the persecution of any 
person on account of race, religion, nationality, 
membership in a particular social group, or po-
litical opinion; and 
(C) is not an alien— 
(i) who has been convicted by final 
judgment of a particularly serious crime 
and constitutes a danger to the community 
of the United States; 
(ii) for whom there are reasonable 
grounds for believing that the alien has 
committed a particularly serious crime out-
side the United States before arriving in 
the United States; or 
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359 
(iii) for whom there are reasonable 
grounds for regarding the alien as a dan-
ger to the security of the United States; 
and 
(iv) who has been convicted of a fel-
ony or 3 or more misdemeanors for which 
the alien has served not less than 12 
months of imprisonment in the aggregate. 
(2) GROUNDS OF INADMISSIBILITY.—In deter-
mining an alien’s admissibility under paragraph 
(1)(A)— 
(A) paragraphs (5), (6), (7), (9), and 
(10)(B) of section 212(a) of such Act shall not 
apply; 
(B) the Secretary may not waive— 
(i) 
subparagraph 
(A), 
(B), 
(C), 
(D)(ii), (E), (G), (H), or (I) of section 
212(a)(2) of such Act (relating to crimi-
nals); 
(ii) section 212(a)(3) of such Act (re-
lating to security and related grounds); or 
(iii) subparagraph (A), (C), or (D) of 
section 212(a)(10) of such Act (relating to 
polygamists and child abductors); 
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360 
(C) the Secretary may waive the applica-
tion of any provision of section 212(a) of such 
Act not listed in subparagraph (B) on behalf of 
an individual alien for humanitarian purposes, 
to ensure family unity, or if such waiver is oth-
erwise in the public interest; and 
(D) nothing in this paragraph shall be con-
strued as affecting the authority of the Sec-
retary other than under this paragraph to waive 
the provisions of section 212(a) of such Act. 
(3) APPLICABILITY OF OTHER PROVISIONS.— 
Sections 240B(d) and 241(a)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1229c(d) and 
1231(a)(5)) shall not apply to an alien who is apply-
ing for classification under this section for conduct 
that occurred before the date of enactment of this 
Act. 
(e) CONTRIBUTIONS
TO
THE
UNITED
STATES 
THROUGH EMPLOYMENT, EDUCATION, MILITARY SERV-
ICE OR OTHER COMMITMENT TO THE COMMUNITY.— 
(1) IN GENERAL.—The Secretary shall not ac-
cept the registration of an alien, or classify an alien 
as a conditional nonimmigrant or conditional non-
immigrant dependent unless the alien attests, under 
penalty of perjury, that he or she is contributing to 
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361 
the United States through one or more of the fol-
lowing enterprises— 
(A) the alien is employed full-time, part- 
time, or seasonally in the United States, is self- 
employed, or is actively seeking employment; or 
(B) is enrolled full- or part-time in an ac-
credited secondary or post-secondary school, 
university, or other institution of higher edu-
cation, or an accredited vocational, technical, or 
other training program; or 
(C) is a member of the active or reserve 
Armed Services, the National Guard, or other 
government sponsored civil service program; or 
(D) otherwise establishes, to the satisfac-
tion of the Secretary, that the alien is an active 
volunteer or community member. 
(2) EXEMPTIONS.—The requirements in para-
graph (1) shall not apply to any individual who, at 
the time of registration— 
(A) is 65 years of age or older, has a phys-
ical or mental disability, is pregnant, is the pri-
mary caregiver to a child under the age of 16 
or to an elderly or disabled person, or is on offi-
cial extended medical leave; or 
VerDate Nov 24 2008 
00:39 Dec 17, 2009
Jkt 089200
PO 00000
Frm 00361
Fmt 6652
Sfmt 6201
E:\BILLS\H4321.IH
H4321
jbell on DSKDVH8Z91PROD with BILLS