410 
involve a distance learning program, for 
which the alien is temporarily visiting the 
United States for a period of up to 30 
days.’’. 
(2) ADMISSION.—Section 214(b) (8 U.S.C. 
1184(b)) is amended by inserting ‘‘(F)(i),’’ before 
‘‘(L) or (V)’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
214(m)(1) (8 U.S.C. 1184(m)(1)) is amended, in the 
matter preceding subparagraph (A), by striking ‘‘(i) 
or (iii)’’ and inserting ‘‘(i), (ii), (iv), or (v)’’. 
(b) OFF-CAMPUS WORK AUTHORIZATION FOR FOR-
EIGN STUDENTS.— 
(1) IN
GENERAL.—Aliens admitted as non-
immigrant 
students 
described 
in 
section 
101(a)(15)(F), as amended by subsection (a), (8 
U.S.C. 1101(a)(15)(F)) may be employed in an off- 
campus position unrelated to the alien’s field of 
study if— 
(A) the alien has enrolled full-time at the 
educational institution and is maintaining good 
academic standing; 
(B) the employer provides the educational 
institution and the Secretary of Labor with an 
attestation that the employer— 
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(i) has spent at least 21 days recruit-
ing United States citizens to fill the posi-
tion; and 
(ii) will pay the alien and other simi-
larly situated workers at a rate equal to 
not less than the greater of— 
(I) the actual wage level for the 
occupation at the place of employ-
ment; or 
(II) the prevailing wage level for 
the occupation in the area of employ-
ment; and 
(C) the alien will not be employed more 
than— 
(i) 20 hours per week during the aca-
demic term; or 
(ii) 40 hours per week during vacation 
periods and between academic terms. 
(2) DISQUALIFICATION.—If the Secretary of 
Labor determines that an employer has provided an 
attestation under paragraph (1)(B) that is materi-
ally false or has failed to pay wages in accordance 
with the attestation, the employer, after notice and 
opportunity for a hearing, shall be disqualified from 
employing an alien student under paragraph (1). 
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412 
SEC. 510. L–1 VISA HOLDERS SUBJECT TO VISA BACKLOG. 
Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended 
by adding at the end the following: 
‘‘(G) The limitations contained in subparagraph (D) 
with respect to the duration of authorized stay shall not 
apply to any nonimmigrant alien previously issued a visa 
or otherwise provided nonimmigrant status under section 
101(a)(15)(L) on whose behalf a petition under section 
204(b) to accord the alien immigrant status under section 
203(b), or an application for labor certification (if such 
certification is required for the alien to obtain status 
under such section 203(b)) has been filed, if 365 days or 
more have elapsed since such filing. The Secretary of 
Homeland Security shall extend the stay of an alien who 
qualifies for an exemption under this subparagraph until 
such time as a final decision is made on the alien’s lawful 
permanent residence.’’. 
SEC. 511. RETAINING WORKERS SUBJECT TO GREEN CARD 
BACKLOG. 
(a) ADJUSTMENT OF STATUS.— 
(1) IN GENERAL.—Section 245 (8 U.S.C. 1255) 
is 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 
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the filing of an application for adjustment of status 
by an alien (and any eligible dependents of such 
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 
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petition that is filed or, at the discretion of the 
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 ‘‘Notwithstanding any 
other provisions of law,’’ and inserting the fol-
lowing: 
‘‘(c) IMMIGRATION EXAMINATIONS FEE ACCOUNT.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, all fees collected under section 
245(n)(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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