127 
(7) The Federal Bureau of Investigation com-
piles national crime statistics through the Uniform 
Crime Reporting Program. 
(8) Under current law, State and local govern-
ments receiving Edward Byrne Memorial Justice As-
sistance grants are required to share data on part 
1 violent crimes with the Federal Bureau of Inves-
tigation for inclusion in the Uniform Crime Report-
ing Program. 
(9) The addition of severe forms of trafficking 
in persons to the definition of part 1 violent crimes 
will ensure that statistics on this heinous crime will 
be compiled and available through the Federal Bu-
reau of Investigation’s Uniform Crime Report. 
(c) HUMAN TRAFFICKING TO BE INCLUDED IN PART 
1 VIOLENT CRIMES FOR PURPOSES OF BYRNE GRANTS.— 
Section 505 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3755) is amended by add-
ing at the end the following new subsection: 
‘‘(i) PART 1 VIOLENT CRIMES TO INCLUDE HUMAN 
TRAFFICKING.—For purposes of this section, the term 
‘part 1 violent crimes’ shall include severe forms of traf-
ficking in persons, as defined in section 103(8) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7102(8)).’’. 
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128 
SEC. 1120. RULE OF CONSTRUCTION. 
Nothing in this Act may be construed to authorize 
the deployment, procurement, or construction of fencing 
along the Northern border. 
SEC. 1121. LIMITATIONS ON DANGEROUS DEPORTATION 
PRACTICES. 
(a) CERTIFICATION REQUIRED.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, and every 180 
days thereafter, the Secretary, except as provided in 
paragraph (2), shall submit written certification to 
Congress that the Department has only deported or 
otherwise removed a migrant from the United States 
through an entry or exit point on the Southern bor-
der during daylight hours. 
(2) EXCEPTION.—The certification required 
under paragraph (1) shall not apply to the deporta-
tion or removal of a migrant otherwise described in 
that paragraph if— 
(A) the manner of the deportation or re-
moval is justified by a compelling governmental 
interest; 
(B) the manner of the deportation or re-
moval is in accordance with an applicable Local 
Arrangement for the Repatriation of Mexican 
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129 
Nationals entered into by the appropriate Mexi-
can Consulate; or 
(C) the migrant is not an unaccompanied 
minor and the migrant— 
(i) is deported or removed through an 
entry or exit point in the same sector as 
the place where the migrant was appre-
hended; or 
(ii) agrees to be deported or removed 
in such manner after being notified of the 
intended manner of deportation or re-
moval. 
(b) ADDITIONAL
INFORMATION
REQUIRED.—Not 
later than 1 year after the date of the enactment of this 
Act, the Secretary shall submit to Congress a study of the 
Alien Transfer Exit Program, which shall include— 
(1) the specific locations on the Southern bor-
der where lateral repatriations have occurred during 
the 1-year period preceding the submission of the 
study; 
(2) the performance measures developed by 
U.S. Customs and Border Protection to determine if 
the Alien Transfer Exit Program is deterring mi-
grants from repeatedly crossing the border or other-
wise reducing recidivism; and 
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130 
(3) the consideration given, if any, to the rates 
of violent crime and the availability of infrastructure 
and social services in Mexico near such locations. 
(c) PROHIBITION
ON
CONFISCATION
OF
PROP-
ERTY.—Notwithstanding any other provision of law, law-
ful, nonperishable belongings of a migrant that are con-
fiscated by personnel operating under Federal authority 
shall be returned to the migrant before repatriation, to 
the extent practicable. 
SEC. 1122. MAXIMUM ALLOWABLE COSTS OF SALARIES OF 
CONTRACTOR EMPLOYEES. 
Section 4304(a)(16) of title 41, United States Code, 
is amended by inserting before the period at the end the 
following: ‘‘, except that in the case of contracts with the 
Department of Homeland Security or the National Guard 
while operating in Federal status that relate to border se-
curity, the limit on the costs of compensation of all execu-
tives and employees of contractors is the annual amount 
payable under the aggregate limitation on pay as estab-
lished by the Office of Management and Budget (currently 
$230,700)’’. 
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131 
TITLE II—IMMIGRANT VISAS 
Subtitle A—Registration and Ad-
justment of Registered Provi-
sional Immigrants 
SEC. 2101. REGISTERED PROVISIONAL IMMIGRANT STATUS. 
(a) AUTHORIZATION.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.) is amended by inserting after section 245A 
the following: 
‘‘SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE EN-
TRANTS BEFORE DECEMBER 31, 2011, TO 
THAT OF REGISTERED PROVISIONAL IMMI-
GRANT. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, the Secretary of Homeland Security (re-
ferred to in this section and in sections 245C through 
245F as the ‘Secretary’), after conducting the national se-
curity and law enforcement clearances required under sub-
section (c)(8), may grant registered provisional immigrant 
status to an alien who— 
‘‘(1) meets the eligibility requirements set forth 
in subsection (b); 
‘‘(2) submits a completed application before the 
end of the period set forth in subsection (c)(3); and 
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132 
‘‘(3) has paid the fee required under subsection 
(c)(10)(A) and the penalty required under sub-
section (c)(10)(C), if applicable. 
‘‘(b) ELIGIBILITY REQUIREMENTS.— 
‘‘(1) IN GENERAL.—An alien is not eligible for 
registered provisional immigrant status unless the 
alien establishes, by a preponderance of the evidence, 
that the alien meets the requirements set forth in 
this subsection. 
‘‘(2) PHYSICAL PRESENCE.— 
‘‘(A) IN GENERAL.—The alien— 
‘‘(i) shall be physically present in the 
United States on the date on which the 
alien submits an application for registered 
provisional immigrant status; 
‘‘(ii) 
shall 
have 
been 
physically 
present in the United States on or before 
December 31, 2011; and 
‘‘(iii) shall have maintained contin-
uous physical presence in the United 
States from December 31, 2011, until the 
date on which the alien is granted status 
as a registered provisional immigrant 
under this section. 
‘‘(B) BREAK IN PHYSICAL PRESENCE.— 
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133 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), an alien who is absent 
from the United States without authoriza-
tion after the date of the enactment of the 
Border Security, Economic Opportunity, 
and Immigration Modernization Act does 
not meet the continuous physical presence 
requirement set forth in subparagraph 
(A)(iii). 
‘‘(ii) EXCEPTION.—An alien who de-
parted from the United States after De-
cember 31, 2011, will not be considered to 
have failed to maintain continuous pres-
ence in the United States if the alien’s ab-
sences from the United States are brief, 
casual, and innocent whether or not such 
absences were authorized by the Secretary. 
‘‘(3) GROUNDS FOR INELIGIBILITY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an alien is ineligible for reg-
istered provisional immigrant status if the Sec-
retary determines that the alien— 
‘‘(i) has a conviction for— 
‘‘(I) an offense classified as a fel-
ony in the convicting jurisdiction 
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134 
(other than a State or local offense 
for which an essential element was the 
alien’s immigration status, or a viola-
tion of this Act); 
‘‘(II) an aggravated felony (as 
defined in section 101(a)(43) at the 
time of the conviction); 
‘‘(III) 3 or more misdemeanor of-
fenses (other than minor traffic of-
fenses or State or local offenses for 
which an essential element was the 
alien’s immigration status, or viola-
tions of this Act) if the alien was con-
victed on different dates for each of 
the 3 offenses; 
‘‘(IV) any offense under foreign 
law, except for a purely political of-
fense, which, if the offense had been 
committed in the United States, 
would render the alien inadmissible 
under section 212(a) (excluding the 
paragraphs set forth in clause (ii)) or 
removable under section 237(a), ex-
cept as provided in paragraph (3) of 
section 237(a); 
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135 
‘‘(V) unlawful voting (as defined 
in section 237(a)(6)); 
‘‘(ii) is inadmissible under section 
212(a), except that in determining an 
alien’s inadmissibility— 
‘‘(I) paragraphs (4), (5), (7), and 
(9)(B) of section 212(a) shall not 
apply; 
‘‘(II) subparagraphs (A), (C), 
(D), (F), and (G) of section 212(a)(6) 
and paragraphs (9)(C) and (10)(B) of 
section 212(a) shall not apply unless 
based on the act of unlawfully enter-
ing the United States after the date 
of the enactment of the Border Secu-
rity, Economic Opportunity, and Im-
migration Modernization Act; and 
‘‘(III) paragraphs (6)(B) and 
(9)(A) of section 212(a) shall not 
apply unless the relevant conduct 
began on or after the date on which 
the alien files an application for reg-
istered provisional immigrant status 
under this section; 
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136 
‘‘(iii) is an alien who the Secretary 
knows or has reasonable grounds to be-
lieve, is engaged in or is likely to engage 
after entry in any terrorist activity (as de-
fined in section 212(a)(3)(B)(iv)); or 
‘‘(iv) was, on April 16, 2013— 
‘‘(I) an alien lawfully admitted 
for permanent residence; 
‘‘(II) an alien admitted as a ref-
ugee under section 207 or granted 
asylum under section 208; or 
‘‘(III) an alien who, according to 
the records of the Secretary or the 
Secretary of State, is lawfully present 
in the United States in any non-
immigrant status (other than an alien 
considered to be a nonimmigrant sole-
ly due to the application of section 
244(f)(4) or the amendment made by 
section 702 of the Consolidated Nat-
ural Resources Act of 2008 (Public 
Law 110–229)), notwithstanding any 
unauthorized employment or other 
violation of nonimmigrant status. 
‘‘(B) WAIVER.— 
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137 
‘‘(i) IN
GENERAL.—The Secretary 
may waive the application of subparagraph 
(A)(i)(III) or any provision of section 
212(a) that is not listed in clause (ii) on 
behalf of an alien for humanitarian pur-
poses, to ensure family unity, or if such a 
waiver is otherwise in the public interest. 
Any 
discretionary 
authority 
to 
waive 
grounds of inadmissibility under section 
212(a) conferred under any other provision 
of this Act shall apply equally to aliens 
seeking registered provisional status under 
this section. 
‘‘(ii) EXCEPTIONS.—The discretionary 
authority under clause (i) may not be used 
to waive— 
‘‘(I) 
subparagraph 
(B), 
(C), 
(D)(ii), (E), (G), (H), or (I) of section 
212(a)(2); 
‘‘(II) section 212(a)(3); 
‘‘(III) subparagraph (A), (C), 
(D), or (E) of section 212(a)(10); or 
‘‘(IV) with respect to misrepre-
sentations relating to the application 
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138 
for registered provisional immigrant 
status, section 212(a)(6)(C)(i). 
‘‘(C) CONVICTION EXPLAINED.—For pur-
poses of this paragraph, the term ‘conviction’ 
does not include a judgment that has been ex-
punged, set aside, or the equivalent. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this paragraph may be construed to require 
the Secretary to commence removal proceedings 
against an alien. 
‘‘(4) APPLICABILITY OF OTHER PROVISIONS.— 
Sections 208(d)(6) and 240B(d) shall not apply to 
any alien filing an application for registered provi-
sional immigrant status under this section. 
‘‘(5) DEPENDENT SPOUSE AND CHILDREN.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, the Secretary may clas-
sify the spouse or child of a registered provi-
sional immigrant as a registered provisional im-
migrant dependent if the spouse or child— 
‘‘(i) was physically present in the 
United States on or before December 31, 
2012, and has maintained continuous pres-
ence in the United States from that date 
until the date on which the registered pro-
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139 
visional immigrant is granted such status, 
with the exception of absences from the 
United States that are brief, casual, and 
innocent, whether or not such absences 
were authorized by the Secretary; and 
‘‘(ii) meets all of the eligibility re-
quirements set forth in this subsection, 
other than the requirements of clause (ii) 
or (iii) of paragraph (2)(A). 
‘‘(B) EFFECT OF TERMINATION OF LEGAL 
RELATIONSHIP
OR
DOMESTIC
VIOLENCE.—If 
the spousal or parental relationship between an 
alien who is granted registered provisional im-
migrant status under this section and the 
alien’s spouse or child is terminated due to 
death or divorce or the spouse or child has been 
battered or subjected to extreme cruelty by the 
alien (regardless of whether the legal relation-
ship terminates), the spouse or child may apply 
for classification as a registered provisional im-
migrant. 
‘‘(C) EFFECT
OF
DISQUALIFICATION
OF 
PARENT.—Notwithstanding subsection (c)(3), if 
the application of a spouse or parent for reg-
istered provisional immigrant status is termi-
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140 
nated or revoked, the husband, wife, or child of 
that spouse or parent shall be eligible to apply 
for registered provisional immigrant status 
independent of the parent or spouse. 
‘‘(c) APPLICATION PROCEDURES.— 
‘‘(1) IN GENERAL.—An alien, or the dependent 
spouse or child of such alien, who meets the eligi-
bility requirements set forth in subsection (b) may 
apply for status as a registered provisional immi-
grant or a registered provisional immigrant depend-
ent, as applicable, by submitting a completed appli-
cation form to the Secretary during the application 
period set forth in paragraph (3), in accordance with 
the final rule promulgated by the Secretary under 
the Border Security, Economic Opportunity, and 
Immigration Modernization Act. An applicant for 
registered provisional immigrant status shall be 
treated as an applicant for admission. 
‘‘(2) PAYMENT OF TAXES.— 
‘‘(A) IN GENERAL.—An alien may not file 
an application for registered provisional immi-
grant status under paragraph (1) unless the ap-
plicant has satisfied any applicable Federal tax 
liability. 
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141 
‘‘(B) DEFINITION
OF
APPLICABLE
FED-
ERAL TAX LIABILITY.—In this paragraph, the 
term ‘applicable Federal tax liability’ means all 
Federal income taxes assessed in accordance 
with section 6203 of the Internal Revenue Code 
of 1986. 
‘‘(C) DEMONSTRATION OF COMPLIANCE.— 
An applicant may demonstrate compliance with 
this paragraph by submitting appropriate docu-
mentation, in accordance with regulations pro-
mulgated by the Secretary, in consultation with 
the Secretary of the Treasury. 
‘‘(3) APPLICATION PERIOD.— 
‘‘(A) INITIAL PERIOD.—Except as provided 
in subparagraph (B), the Secretary may only 
accept applications for registered provisional 
immigrant status from aliens in the United 
States during the 1-year period beginning on 
the date on which the final rule is published in 
the Federal Register pursuant to paragraph 
(1). 
‘‘(B) EXTENSION.—If the Secretary deter-
mines, during the initial period described in 
subparagraph (A), that additional time is re-
quired to process applications for registered 
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142 
provisional immigrant status or for other good 
cause, the Secretary may extend the period for 
accepting applications for such status for an 
additional 18 months. 
‘‘(4) APPLICATION FORM.— 
‘‘(A) REQUIRED INFORMATION.— 
‘‘(i) IN
GENERAL.—The application 
form referred to in paragraph (1) shall col-
lect such information as the Secretary de-
termines to be necessary and appropriate, 
including, for the purpose of understanding 
immigration trends— 
‘‘(I) an explanation of how, when, 
and where the alien entered the 
United States; 
‘‘(II) the country in which the 
alien resided before entering the 
United States; and 
‘‘(III) other demographic infor-
mation specified by the Secretary. 
‘‘(ii) PRIVACY
PROTECTIONS.—Infor-
mation described in subclauses (I) through 
(III) of clause (i), which shall be provided 
anonymously by the applicant on the appli-
cation form referred to in paragraph (1), 
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143 
shall be subject to the same confidentiality 
provisions as those set forth in section 9 of 
title 13, United States Code. 
‘‘(iii) REPORT.—The Secretary shall 
submit a report to Congress that contains 
a summary of the statistical data about 
immigration trends collected pursuant to 
clause (i). 
‘‘(B) FAMILY
APPLICATION.—The Sec-
retary shall establish a process through which 
an alien may submit a single application under 
this section on behalf of the alien, his or her 
spouse, and his or her children who are residing 
in the United States. 
‘‘(C) INTERVIEW.—The Secretary may 
interview applicants for registered provisional 
immigrant status under this section to deter-
mine whether they meet the eligibility require-
ments set forth in subsection (b). 
‘‘(5) ALIENS APPREHENDED BEFORE OR DUR-
ING THE APPLICATION PERIOD.—If an alien who is 
apprehended during the period beginning on the 
date of the enactment of the Border Security, Eco-
nomic Opportunity, and Immigration Modernization 
Act and the end of the application period described 
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144 
in paragraph (3) appears prima facie eligible for 
registered provisional immigrant status, to the satis-
faction of the Secretary, the Secretary— 
‘‘(A) shall provide the alien with a reason-
able opportunity to file an application under 
this section during such application period; and 
‘‘(B) may not remove the individual until 
a final administrative determination is made on 
the application. 
‘‘(6) ELIGIBILITY AFTER DEPARTURE.— 
‘‘(A) IN GENERAL.—An alien who departed 
from the United States while subject to an 
order of exclusion, deportation, or removal, or 
pursuant to an order of voluntary departure 
and who is outside of the United States, or who 
has reentered the United States illegally after 
December 31, 2011 without receiving the Sec-
retary’s consent to reapply for admission under 
section 212(a)(9), shall not be eligible to file an 
application for registered provisional immigrant 
status. 
‘‘(B) WAIVER.—The Secretary, in the Sec-
retary’s sole and unreviewable discretion, sub-
ject to subparagraph (D), may waive the appli-
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146 
clusion, deportation, or removal, an alien de-
scribed in subparagraph (B) who is otherwise 
eligible for registered provisional immigrant sta-
tus may file an application for such status. 
‘‘(D) CRIME VICTIMS’ RIGHTS TO NOTICE 
AND CONSULTATION.—Prior to applying, or ex-
ercising, any authority under this paragraph, or 
ruling upon an application allowed under sub-
paragraph (C) the Secretary shall— 
‘‘(i) determine whether or not an alien 
described under subparagraph (B) or (C) 
has a conviction for any criminal offense; 
‘‘(ii) in consultation with the agency 
that prosecuted the criminal offense under 
clause (i), if the agency, in the sole discre-
tion of the agency, is willing to cooperate 
with the Secretary, make all reasonable ef-
forts to identify each victim of a crime for 
which an alien determined to be a criminal 
under clause (i) has a conviction; 
‘‘(iii) in consultation with the agency 
that prosecuted the criminal offense under 
clause (i), if the agency, in the sole discre-
tion of the agency, is willing to cooperate 
with the Secretary, make all reasonable ef-
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147 
forts to provide each victim identified 
under clause (ii) with written notice that 
the alien is being considered for a waiver 
under this paragraph, specifying in such 
notice that the victim may— 
‘‘(I) take no further action; 
‘‘(II) request written notification 
by the Secretary of any subsequent 
application for waiver filed by the 
criminal alien under this paragraph 
and of the final determination of the 
Secretary regarding such application; 
or 
‘‘(III) not later than 60 days 
after the date on which the victim re-
ceives written notice under this clause, 
request a consultation with the Sec-
retary relating to whether the applica-
tion of the offender should be granted 
and if the victim cannot be located or 
if no response is received from the vic-
tim within the designated time period, 
the Secretary shall proceed with adju-
dication of the application; and 
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148 
‘‘(iv) at the request of a victim under 
clause (iii), consult with the victim to de-
termine whether or not the Secretary 
should, in the case of an alien who is de-
termined under clause (i) to have a convic-
tion for any criminal offense, exercise waiv-
er authority for an alien described under 
subparagraph (B), or grant the application 
of an alien described under subparagraph 
(C). 
‘‘(E) CRIME
VICTIMS’ RIGHT
TO
INTER-
VENTION.—In addition to the victim notifica-
tion and consultation provided for in subpara-
graph (D), the Secretary shall allow the victim 
of a criminal alien described under subpara-
graph (B) or (C) to request consultation re-
garding, or notice of, any application for waiver 
filed by the criminal alien under this paragraph, 
including the final determination of the Sec-
retary regarding such application. 
‘‘(F) CONFIDENTIALITY PROTECTIONS FOR 
CRIME VICTIMS.—The Secretary and the Attor-
ney General may not make an adverse deter-
mination of admissibility or deportability of any 
alien who is a victim and not lawfully present 
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149 
in the United States based solely on informa-
tion supplied or derived in the process of identi-
fication, notification, or consultation under this 
paragraph. 
‘‘(G) REPORTS REQUIRED.—Not later than 
September 30 of each fiscal year in which the 
Secretary exercises authority under this para-
graph to rule upon the application of a criminal 
offender allowed under subparagraph (C), the 
Secretary shall submit to the Committee on the 
Judiciary of the Senate and the Committee on 
the Judiciary of the House of Representatives a 
report detailing the execution of the victim 
identification and notification process required 
under subparagraph (D), which shall include— 
‘‘(i) the total number of criminal of-
fenders who have filed an application 
under subparagraph (C) and the crimes 
committed by such offenders; 
‘‘(ii) the total number of criminal of-
fenders whose application under subpara-
graph (C) has been granted and the crimes 
committed by such offenders; and 
‘‘(iii) the total number of victims of 
criminal offenders under clause (ii) who 
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150 
were not provided with written notice of 
the offender’s application and the crimes 
committed against the victims. 
‘‘(H) DEFINITION.—In this paragraph, the 
term ‘victim’ has the meaning given the term in 
section 503(e) of the Victims’ Rights and Res-
titution Act of 1990 (42 U.S.C. 10607(e)). 
‘‘(7) SUSPENSION OF REMOVAL DURING APPLI-
CATION PERIOD.— 
‘‘(A) PROTECTION
FROM
DETENTION
OR 
REMOVAL.—A registered provisional immigrant 
may not be detained by the Secretary or re-
moved from the United States, unless— 
‘‘(i) the Secretary determines that— 
‘‘(I) such alien is, or has become, 
ineligible for registered provisional im-
migrant 
status 
under 
subsection 
(b)(3); or 
‘‘(II) the alien’s registered provi-
sional immigrant status has been re-
voked under subsection (d)(2). 
‘‘(B) 
ALIENS
IN
REMOVAL
PRO-
CEEDINGS.—Notwithstanding any other provi-
sion of this Act— 
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151 
‘‘(i) if the Secretary determines that 
an alien, during the period beginning on 
the date of the enactment of this section 
and ending on the last day of the applica-
tion period described in paragraph (3), is 
in removal, deportation, or exclusion pro-
ceedings before the Executive Office for 
Immigration Review and is prima facie eli-
gible for registered provisional immigrant 
status under this section— 
‘‘(I) the Secretary shall provide 
the alien with the opportunity to file 
an application for such status; and 
‘‘(II) upon motion by the Sec-
retary and with the consent of the 
alien or upon motion by the alien, the 
Executive Office for Immigration Re-
view shall— 
‘‘(aa) terminate such pro-
ceedings without prejudice to fu-
ture proceedings on any basis; 
and 
‘‘(bb) provide the alien a 
reasonable opportunity to apply 
for such status; and 
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152 
‘‘(ii) if the Executive Office for Immi-
gration Review determines that an alien, 
during the period beginning on the date of 
the enactment of this section and ending 
on the last day of the application period 
described in paragraph (3), is in removal, 
deportation, or exclusion proceedings be-
fore the Executive Office for Immigration 
Review and is prima facie eligible for reg-
istered provisional immigrant status under 
this section— 
‘‘(I) the Executive Office of Im-
migration Review shall notify the Sec-
retary of such determination; and 
‘‘(II) if the Secretary does not 
dispute the determination of prima 
facie eligibility within 7 days after 
such notification, the Executive Office 
for Immigration Review, upon consent 
of the alien, shall— 
‘‘(aa) terminate such pro-
ceedings without prejudice to fu-
ture proceedings on any basis; 
and 
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153 
‘‘(bb) permit the alien a rea-
sonable opportunity to apply for 
such status. 
‘‘(C) TREATMENT OF CERTAIN ALIENS.— 
‘‘(i) IN
GENERAL.—If an alien who 
meets the eligibility requirements set forth 
in subsection (b) is present in the United 
States and has been ordered excluded, de-
ported, or removed, or ordered to depart 
voluntarily from the United States under 
any provision of this Act— 
‘‘(I) notwithstanding such order 
or section 241(a)(5), the alien may 
apply for registered provisional immi-
grant status under this section; and 
‘‘(II) if the alien is granted such 
status, the alien shall file a motion to 
reopen the exclusion, deportation, re-
moval, or voluntary departure order, 
which motion shall be granted unless 
1 or more of the grounds of ineligi-
bility is established by clear and con-
vincing evidence. 
‘‘(ii) LIMITATIONS
ON
MOTIONS
TO 
REOPEN.—The limitations on motions to 
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154 
reopen set forth in section 240(c)(7) shall 
not apply to motions filed under clause 
(i)(II). 
‘‘(D) PERIOD PENDING ADJUDICATION OF 
APPLICATION.— 
‘‘(i) IN GENERAL.—During the period 
beginning on the date on which an alien 
applies for registered provisional immi-
grant status under paragraph (1) and the 
date on which the Secretary makes a final 
decision regarding such application, the 
alien— 
‘‘(I) may receive advance parole 
to reenter the United States if urgent 
humanitarian circumstances compel 
such travel; 
‘‘(II) may not be detained by the 
Secretary or removed from the United 
States unless the Secretary makes a 
prima facie determination that such 
alien is, or has become, ineligible for 
registered provisional immigrant sta-
tus under subsection (b)(3); 
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155 
‘‘(III) shall not be considered un-
lawfully present for purposes of sec-
tion 212(a)(9)(B); and 
‘‘(IV) shall not be considered an 
unauthorized alien (as defined in sec-
tion 274A(h)(3)). 
‘‘(ii) EVIDENCE OF APPLICATION FIL-
ING.—As soon as practicable after receiv-
ing each application for registered provi-
sional immigrant status, the Secretary 
shall provide the applicant with a docu-
ment acknowledging the receipt of such ap-
plication. 
‘‘(iii) CONTINUING
EMPLOYMENT.— 
An employer who knows that an alien em-
ployee is an applicant for registered provi-
sional immigrant status or will apply for 
such status once the application period 
commences is not in violation of section 
274A(a)(2) if the employer continues to 
employ the alien pending the adjudication 
of the alien employee’s application. 
‘‘(iv) EFFECT OF DEPARTURE.—Sec-
tion 101(g) shall not apply to an alien 
granted— 
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156 
‘‘(I) advance parole under clause 
(i)(I) to reenter the United States; or 
‘‘(II) registered provisional immi-
grant status. 
‘‘(8) 
SECURITY
AND
LAW
ENFORCEMENT 
CLEARANCES.— 
‘‘(A) 
BIOMETRIC
AND
BIOGRAPHIC 
DATA.—The Secretary may not grant registered 
provisional immigrant status to an alien or an 
alien dependent spouse or child under this sec-
tion unless such alien submits biometric and 
biographic data in accordance with procedures 
established by the Secretary. 
‘‘(B) ALTERNATIVE
PROCEDURES.—The 
Secretary shall provide an alternative procedure 
for applicants who cannot provide the biometric 
data required under subparagraph (A) because 
of a physical impairment. 
‘‘(C) CLEARANCES.— 
‘‘(i) DATA
COLLECTION.—The Sec-
retary shall collect, from each alien apply-
ing for status under this section, biometric, 
biographic, and other data that the Sec-
retary determines to be appropriate— 
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157 
‘‘(I) to conduct national security 
and law enforcement clearances; and 
‘‘(II) to determine whether there 
are any national security or law en-
forcement factors that would render 
an alien ineligible for such status. 
‘‘(ii) ADDITIONAL SECURITY SCREEN-
ING.—The Secretary, in consultation with 
the Secretary of State and other inter-
agency partners, shall conduct an addi-
tional security screening upon determining, 
in the Secretary’s opinion based upon in-
formation related to national security, that 
an alien or alien dependent spouse or child 
is or was a citizen or long-term resident of 
a region or country known to pose a 
threat, or that contains groups or organi-
zations that pose a threat, to the national 
security of the United States. 
‘‘(iii) PREREQUISITE.—The required 
clearances and screenings described in 
clauses (i)(I) and (ii) shall be completed 
before the alien may be granted registered 
provisional immigrant status. 
‘‘(9) DURATION OF STATUS AND EXTENSION.— 
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158 
‘‘(A) IN GENERAL.—The initial period of 
authorized admission for a registered provi-
sional immigrant— 
‘‘(i) shall remain valid for 6 years un-
less revoked pursuant to subsection (d)(2); 
and 
‘‘(ii) may be extended for additional 
6-year terms if— 
‘‘(I) the alien remains eligible for 
registered provisional immigrant sta-
tus; 
‘‘(II) the alien meets the employ-
ment requirements set forth in sub-
paragraph (B); 
‘‘(III) the alien has successfully 
passed background checks that are 
equivalent to the background checks 
described in section 245D(b)(1)(E); 
and 
‘‘(IV) such status was not re-
voked by the Secretary for any reason. 
‘‘(B) EMPLOYMENT
OR
EDUCATION
RE-
QUIREMENT.—Except as provided in subpara-
graphs (D) and (E) of section 245C(b)(3), an 
alien may not be granted an extension of reg-
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159 
istered provisional immigrant status under this 
paragraph unless the alien establishes that, 
during the alien’s period of status as a reg-
istered provisional immigrant, the alien— 
‘‘(i)(I) 
was 
regularly 
employed 
throughout the period of admission as a 
registered provisional immigrant, allowing 
for brief periods lasting not more than 60 
days; and 
‘‘(II) is not likely to become a public 
charge 
(as 
determined 
under 
section 
212(a)(4)); or 
‘‘(ii) is able to demonstrate average 
income or resources that are not less than 
100 percent of the Federal poverty level 
throughout the period of admission as a 
registered provisional immigrant. 
‘‘(C) PAYMENT OF TAXES.—An applicant 
may not be granted an extension of registered 
provisional immigrant status under subpara-
graph (A)(ii) unless the applicant has satisfied 
any applicable Federal tax liability in accord-
ance with paragraph (2). 
‘‘(10) FEES AND PENALTIES.— 
‘‘(A) STANDARD PROCESSING FEE.— 
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160 
‘‘(i) IN GENERAL.—Aliens who are 16 
years of age or older and are applying for 
registered provisional immigrant status 
under paragraph (1), or for an extension 
of such status under paragraph (9)(A)(ii), 
shall pay a processing fee to the Depart-
ment of Homeland Security in an amount 
determined by the Secretary. 
‘‘(ii) 
RECOVERY
OF
COSTS.—The 
processing fee authorized under clause (i) 
shall be set at a level that is sufficient to 
recover the full costs of processing the ap-
plication, including any costs incurred— 
‘‘(I) to adjudicate the application; 
‘‘(II) to take and process bio-
metrics; 
‘‘(III) to perform national secu-
rity and criminal checks, including ad-
judication; 
‘‘(IV) to prevent and investigate 
fraud; and 
‘‘(V) to administer the collection 
of such fee. 
‘‘(iii) AUTHORITY TO LIMIT FEES.— 
The Secretary, by regulation, may— 
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161 
‘‘(I) limit the maximum proc-
essing fee payable under this subpara-
graph by a family, including spouses 
and unmarried children younger than 
21 years of age; and 
‘‘(II) exempt defined classes of 
individuals, including individuals de-
scribed in section 245B(c)(13), from 
the payment of the fee authorized 
under clause (i). 
‘‘(B) DEPOSIT AND USE OF PROCESSING 
FEES.—Fees 
collected 
under 
subparagraph 
(A)(i)— 
‘‘(i) shall be deposited into the Immi-
gration Examinations Fee Account pursu-
ant to section 286(m); and 
‘‘(ii) shall remain available until ex-
pended pursuant to section 286(n). 
‘‘(C) PENALTY.— 
‘‘(i) PAYMENT.—In addition to the 
processing fee required under subpara-
graph (A), aliens not described in section 
245D(b)(A)(ii) who are 21 years of age or 
older and are filing an application under 
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162 
this subsection shall pay a $1,000 penalty 
to the Department of Homeland Security. 
‘‘(ii) INSTALLMENTS.—The Secretary 
shall establish a process for collecting pay-
ments required under clause (i) that per-
mits the penalty under that clause to be 
paid in periodic installments that shall be 
completed before the alien may be granted 
an extension of status under paragraph 
(9)(A)(ii). 
‘‘(iii) DEPOSIT.—Penalties collected 
pursuant to this subparagraph shall be de-
posited into the Comprehensive Immigra-
tion Reform Trust Fund established under 
section 9(a)(1) of the Border Security, 
Economic Opportunity, and Immigration 
Modernization Act. 
‘‘(11) ADJUDICATION.— 
‘‘(A) FAILURE
TO
SUBMIT
SUFFICIENT 
EVIDENCE.—The Secretary shall deny an appli-
cation submitted by an alien who fails to sub-
mit— 
‘‘(i) requested initial evidence, includ-
ing requested biometric data; or 
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163 
‘‘(ii) any requested additional evidence 
by the date required by the Secretary. 
‘‘(B) AMENDED
APPLICATION.—An alien 
whose application for registered provisional im-
migrant status is denied under subparagraph 
(A) may file an amended application for such 
status to the Secretary if the amended applica-
tion— 
‘‘(i) is filed within the application pe-
riod described in paragraph (3); and 
‘‘(ii) contains all the required informa-
tion and fees that were missing from the 
initial application. 
‘‘(12) EVIDENCE OF REGISTERED PROVISIONAL 
IMMIGRANT STATUS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
issue documentary evidence of registered provi-
sional immigrant status to each alien whose ap-
plication for such status has been approved. 
‘‘(B) DOCUMENTATION FEATURES.—Docu-
mentary evidence provided under subparagraph 
(A)— 
‘‘(i) shall be machine-readable and 
tamper-resistant, and shall contain a 
digitized photograph; 
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164 
‘‘(ii) shall, during the alien’s author-
ized period of admission, and any exten-
sion of such authorized admission, serve as 
a valid travel and entry document for the 
purpose of applying for admission to the 
United States; 
‘‘(iii) may be accepted during the pe-
riod of its validity by an employer as evi-
dence of employment authorization and 
identity under section 274A(b)(1)(B); 
‘‘(iv) shall indicate that the alien is 
authorized to work in the United States 
for up to 3 years; and 
‘‘(v) shall include such other features 
and information as may be prescribed by 
the Secretary. 
‘‘(13) DACA RECIPIENTS.—Unless the Sec-
retary determines that an alien who was granted De-
ferred Action for Childhood Arrivals (referred to in 
this paragraph as ‘DACA’) pursuant to the Sec-
retary’s memorandum of June 15, 2012, has en-
gaged in conduct since the alien was granted DACA 
that would make the alien ineligible for registered 
provisional immigrant status, the Secretary may 
grant such status to the alien if renewed national se-
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165 
curity and law enforcement clearances have been 
completed on behalf of the alien. 
‘‘(d) TERMS AND CONDITIONS OF REGISTERED PRO-
VISIONAL IMMIGRANT STATUS.— 
‘‘(1) CONDITIONS OF REGISTERED PROVISIONAL 
IMMIGRANT STATUS.— 
‘‘(A) EMPLOYMENT.—Notwithstanding any 
other provision of law, including section 
241(a)(7), a registered provisional immigrant 
shall be authorized to be employed in the 
United States while in such status. 
‘‘(B) TRAVEL
OUTSIDE
THE
UNITED 
STATES.—A registered provisional immigrant 
may travel outside of the United States and 
may be admitted, if otherwise admissible, upon 
returning to the United States without having 
to obtain a visa if— 
‘‘(i) the alien is in possession of— 
‘‘(I) valid, unexpired documen-
tary evidence of registered provisional 
immigrant status that complies with 
subsection (c)(12); or 
‘‘(II) a travel document, duly ap-
proved by the Secretary, that was 
issued to the alien after the alien’s 
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166 
original documentary evidence was 
lost, stolen, or destroyed; 
‘‘(ii) the alien’s absence from the 
United States did not exceed 180 days, un-
less the alien’s failure to timely return was 
due to extenuating circumstances beyond 
the alien’s control; 
‘‘(iii) the alien meets the requirements 
for an extension as described in subclauses 
(I) and (III) of paragraph (9)(A); and 
‘‘(iv) the alien establishes that the 
alien is not inadmissible under subpara-
graph (A)(i), (A)(iii), (B), or (C) of section 
212(a)(3). 
‘‘(C) ADMISSION.—An alien granted reg-
istered provisional immigrant status under this 
section shall be considered to have been admit-
ted and lawfully present in the United States in 
such status as of the date on which the alien’s 
application was filed. 
‘‘(D) CLARIFICATION
OF
STATUS.—An 
alien granted registered provisional immigrant 
status— 
‘‘(i) is lawfully admitted to the United 
States; and 
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167 
‘‘(ii) may not be classified as a non-
immigrant or as an alien who has been 
lawfully admitted for permanent residence. 
‘‘(2) REVOCATION.— 
‘‘(A) IN GENERAL.—The Secretary may re-
voke the status of a registered provisional immi-
grant at any time after providing appropriate 
notice to the alien, and after the exhaustion or 
waiver of all applicable administrative review 
procedures under section 245E(c), if the 
alien— 
‘‘(i) no longer meets the eligibility re-
quirements set forth in subsection (b); 
‘‘(ii) knowingly used documentation 
issued under this section for an unlawful 
or fraudulent purpose; 
‘‘(iii) is convicted of fraudulently 
claiming or receiving a Federal means-test-
ed benefit (as defined and implemented in 
section 403 of the Personal Responsibility 
and Work Opportunity Reconciliation Act 
of 1996 (8 U.S.C. 1613)) after being 
granted registered provisional immigrant 
status; or 
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168 
‘‘(iv) was absent from the United 
States— 
‘‘(I) for any single period longer 
than 180 days in violation of the re-
quirements set forth in paragraph 
(1)(B)(ii); or 
‘‘(II) for more than 180 days in 
the aggregate during any calendar 
year, unless the alien’s failure to time-
ly return was due to extenuating cir-
cumstances beyond the alien’s control. 
‘‘(B) ADDITIONAL
EVIDENCE.—In deter-
mining whether to revoke an alien’s status 
under subparagraph (A), the Secretary may re-
quire the alien— 
‘‘(i) to submit additional evidence; or 
‘‘(ii) to appear for an interview. 
‘‘(C) 
INVALIDATION
OF
DOCUMENTA-
TION.—If an alien’s registered provisional im-
migrant status is revoked under subparagraph 
(A), any documentation issued by the Secretary 
to such alien under subsection (c)(12) shall 
automatically be rendered invalid for any pur-
pose except for departure from the United 
States. 
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169 
‘‘(3) INELIGIBILITY FOR PUBLIC BENEFITS.— 
‘‘(A) IN GENERAL.—An alien who has been 
granted registered provisional immigrant status 
under this section is not eligible for any Federal 
means-tested public benefit (as defined and im-
plemented in section 403 of the Personal Re-
sponsibility and Work Opportunity Reconcili-
ation Act of 1996 (8 U.S.C. 1613)). 
‘‘(B) AUDITS.—The Secretary of Health 
and Human Services shall conduct regular au-
dits to ensure that registered provisional immi-
grants are not fraudulently receiving any of the 
benefits described in subparagraph (A). 
‘‘(4) TREATMENT OF REGISTERED PROVISIONAL 
IMMIGRANTS.—A noncitizen granted registered pro-
visional immigrant status under this section shall be 
considered lawfully present in the United States for 
all purposes while such noncitizen remains in such 
status, except that the noncitizen— 
‘‘(A) is not entitled to the premium assist-
ance tax credit authorized under section 36B of 
the Internal Revenue Code of 1986 for his or 
her coverage; 
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170 
‘‘(B) shall be subject to the rules applica-
ble to individuals not lawfully present that are 
set forth in subsection (e) of such section; 
‘‘(C) shall be subject to the rules applicable 
to individuals not lawfully present that are set 
forth in section 1402(e) of the Patient Protec-
tion and Affordable Care Act (42 U.S.C. 
18071); and 
‘‘(D) shall be subject to the rules applica-
ble to individuals not lawfully present set forth 
in section 5000A(d)(3) of the Internal Revenue 
Code of 1986. 
‘‘(5) ASSIGNMENT OF SOCIAL SECURITY NUM-
BER.— 
‘‘(A) IN GENERAL.—The Commissioner of 
Social Security, in coordination with the Sec-
retary, shall implement a system to allow for 
the assignment of a Social Security number and 
the issuance of a Social Security card to each 
alien who has been granted registered provi-
sional immigrant status under this section. 
‘‘(B) USE
OF
INFORMATION.—The Sec-
retary shall provide the Commissioner of Social 
Security with information from the applications 
filed by aliens granted registered provisional im-
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171 
migrant status under this section and such 
other information as the Commissioner deter-
mines to be necessary to assign a Social Secu-
rity account number to such aliens. The Com-
missioner may use information received from 
the Secretary under this subparagraph to as-
sign Social Security account numbers to such 
aliens and to administer the programs of the 
Social Security Administration. The Commis-
sioner may maintain, use, and disclose such in-
formation only as permitted under section 552a 
of title 5, United States Code (commonly known 
as the Privacy Act of 1974) and other applica-
ble Federal laws. 
‘‘(e) DISSEMINATION
OF INFORMATION
ON REG-
ISTERED PROVISIONAL IMMIGRANT PROGRAM.—As soon 
as practicable after the date of the enactment of the Bor-
der Security, Economic Opportunity, and Immigration 
Modernization Act, the Secretary, in cooperation with en-
tities approved by the Secretary, and in accordance with 
a plan adopted by the Secretary, shall broadly dissemi-
nate, in the most common languages spoken by aliens who 
would qualify for registered provisional immigrant status 
under this section, to television, radio, print, and social 
media to which such aliens would likely have access— 
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172 
‘‘(1) the procedures for applying for such sta-
tus; 
‘‘(2) the terms and conditions of such status; 
and 
‘‘(3) the eligibility requirements for such sta-
tus.’’. 
(b) ENLISTMENT IN THE ARMED FORCES.—Section 
504(b)(1) of title 10, United States Code, is amended by 
adding at the end the following: 
‘‘(D) An alien who has been granted registered 
provisional immigrant status under section 245B of 
the Immigration and Nationality Act.’’. 
SEC. 2102. ADJUSTMENT OF STATUS OF REGISTERED PRO-
VISIONAL IMMIGRANTS. 
(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.) is amended by inserting after section 245B, 
as added by section 2101 of this title, the following: 
‘‘SEC. 245C. ADJUSTMENT OF STATUS OF REGISTERED PRO-
VISIONAL IMMIGRANTS. 
‘‘(a) IN GENERAL.—Subject to section 245E(d) and 
section 2302(c)(3) of the Border Security, Economic Op-
portunity, and Immigration Modernization Act, the Sec-
retary may adjust the status of a registered provisional 
immigrant to that of an alien lawfully admitted for perma-
nent residence if the registered provisional immigrant sat-
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173 
isfies the eligibility requirements set forth in subsection 
(b). 
‘‘(b) ELIGIBILITY REQUIREMENTS.— 
‘‘(1) REGISTERED
PROVISIONAL
IMMIGRANT 
STATUS.— 
‘‘(A) IN GENERAL.—The alien was granted 
registered provisional immigrant status under 
section 245B and remains eligible for such sta-
tus. 
‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 
The alien establishes, to the satisfaction of the 
Secretary, that the alien was not continuously 
absent from the United States for more than 
180 days in any calendar year during the pe-
riod of admission as a registered provisional im-
migrant, unless the alien’s absence was due to 
extenuating circumstances beyond the alien’s 
control. 
‘‘(C) MAINTENANCE OF WAIVERS OF INAD-
MISSIBILITY.—The grounds of inadmissibility 
set forth in section 212(a) that were previously 
waived for the alien or made inapplicable under 
section 245B(b) shall not apply for purposes of 
the alien’s adjustment of status under this sec-
tion. 
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174 
‘‘(D) 
PENDING
REVOCATION
PRO-
CEEDINGS.—If the Secretary has notified the 
applicant that the Secretary intends to revoke 
the applicant’s registered provisional immigrant 
status under section 245B(d)(2)(A), the Sec-
retary may not approve an application for ad-
justment of status under this section unless the 
Secretary makes a final determination not to 
revoke the applicant’s status. 
‘‘(2) PAYMENT OF TAXES.— 
‘‘(A) IN GENERAL.—An applicant may not 
file an application for adjustment of status 
under this section unless the applicant has sat-
isfied any applicable Federal tax liability. 
‘‘(B) DEFINITION
OF
APPLICABLE
FED-
ERAL
TAX
LIABILITY.—In subparagraph (A), 
the term ‘applicable Federal tax liability’ means 
all Federal income taxes assessed in accordance 
with section 6203 of the Internal Revenue Code 
of 1986 since the date on which the applicant 
was authorized to work in the United States as 
a registered provisional immigrant under sec-
tion 245B(a). 
‘‘(C) COMPLIANCE.—The applicant may 
demonstrate compliance with subparagraph (A) 
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175 
by submitting such documentation as the Sec-
retary, in consultation with the Secretary of the 
Treasury, may require by regulation. 
‘‘(3) EMPLOYMENT REQUIREMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (D) and (E), an alien applying 
for adjustment of status under this section shall 
establish that, during his or her period of status 
as a registered provisional immigrant, he or 
she— 
‘‘(i)(I) 
was 
regularly 
employed 
throughout the period of admission as a 
registered provisional immigrant, allowing 
for brief periods lasting not more than 60 
days; and 
‘‘(II) is not likely to become a public 
charge 
(as 
determined 
under 
section 
212(a)(4)); or 
‘‘(ii) can demonstrate average income 
or resources that are not less than 125 
percent of the Federal poverty level 
throughout the period of admission as a 
registered provisional immigrant. 
‘‘(B) EVIDENCE OF EMPLOYMENT.— 
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176 
‘‘(i) DOCUMENTS.—An alien may sat-
isfy the employment requirement under 
subparagraph (A)(i) by submitting, to the 
Secretary, records that— 
‘‘(I) establish, by the preponder-
ance of the evidence, compliance with 
such employment requirement; and 
‘‘(II) have been maintained by 
the Social Security Administration, 
the Internal Revenue Service, or any 
other Federal, State, or local govern-
ment agency. 
‘‘(ii) OTHER DOCUMENTS.—An alien 
who is unable to submit the records de-
scribed in clause (i) may satisfy the em-
ployment or education requirement under 
subparagraph (A) by submitting to the 
Secretary at least 2 types of reliable docu-
ments not described in clause (i) that pro-
vide evidence of employment or education, 
including— 
‘‘(I) bank records; 
‘‘(II) business records; 
‘‘(III) employer records; 
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177 
‘‘(IV) records of a labor union, 
day labor center, or organization that 
assists workers in employment; 
‘‘(V) sworn affidavits from non-
relatives who have direct knowledge of 
the alien’s work or education, that 
contain— 
‘‘(aa) the name, address, 
and telephone number of the affi-
ant; 
‘‘(bb) the nature and dura-
tion of the relationship between 
the affiant and the alien; and 
‘‘(cc) other verification or 
information; 
‘‘(VI) remittance records; and 
‘‘(VII) school records from insti-
tutions described in subparagraph 
(D). 
‘‘(iii) ADDITIONAL
DOCUMENTS
AND 
RESTRICTIONS.—The Secretary may— 
‘‘(I) designate additional docu-
ments that may be used to establish 
compliance 
with 
the 
requirement 
under subparagraph (A); and 
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178 
‘‘(II) set such terms and condi-
tions on the use of affidavits as may 
be necessary to verify and confirm the 
identity of any affiant or to otherwise 
prevent fraudulent submissions. 
‘‘(C) SATISFACTION OF EMPLOYMENT RE-
QUIREMENT.—An alien may not be required to 
satisfy the employment requirements under this 
section with a single employer. 
‘‘(D) EDUCATION
PERMITTED.—An alien 
may satisfy the requirement under subpara-
graph (A), in whole or in part, by providing evi-
dence of full-time attendance at— 
‘‘(i) an institution of higher education 
(as defined in section 102(a) of the Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1002(a))); 
‘‘(ii) a secondary school, including a 
public secondary school (as defined in sec-
tion 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801)); 
‘‘(iii) an education, literacy, or career 
and technical training program (including 
vocational training) that is designed to 
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179 
lead to placement in postsecondary edu-
cation, 
job 
training, 
or 
employment 
through which the alien is working toward 
such placement; or 
‘‘(iv) an education program assisting 
students either in obtaining a high school 
equivalency diploma, certificate, or its rec-
ognized equivalent under State law (includ-
ing a certificate of completion, certificate 
of attendance, or alternate award), or in 
passing a General Educational Develop-
ment exam or other equivalent State-au-
thorized exam or completed other applica-
ble State requirements for high school 
equivalency. 
‘‘(E) AUTHORIZATION
OF
EXCEPTIONS 
AND WAIVERS.— 
‘‘(i) EXCEPTIONS BASED ON AGE OR 
DISABILITY.—The employment and edu-
cation requirements under this paragraph 
shall not apply to any alien who— 
‘‘(I) is younger than 21 years of 
age on the date on which the alien 
files an application for the first exten-
sion of the initial period of authorized 
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180 
admission as a registered provisional 
immigrant; 
‘‘(II) is at least 60 years of age 
on the date on which the alien files an 
application for an extension of reg-
istered provisional immigrant status 
or at least 65 years of age on the date 
on which the alien’s application for 
adjustment of status is filed under 
this section; or 
‘‘(III) has a physical or mental 
disability (as defined in section 3(2) 
of the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12102(2))) or as 
a result of pregnancy if such condition 
is evidenced by the submission of doc-
umentation prescribed by the Sec-
retary. 
‘‘(ii) FAMILY EXCEPTIONS.—The em-
ployment 
and 
education 
requirements 
under this paragraph shall not apply to 
any alien who is a dependent registered 
provisional immigrant under subsection 
(b)(5). 
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181 
‘‘(iii) TEMPORARY EXCEPTIONS.—The 
employment and education requirements 
under this paragraph shall not apply dur-
ing any period during which the alien— 
‘‘(I) was on medical leave, mater-
nity leave, or other employment leave 
authorized by Federal law, State law, 
or the policy of the employer; 
‘‘(II) is or was the primary care-
taker of a child or another person who 
requires supervision or is unable to 
care for himself or herself; or 
‘‘(III) was unable to work due to 
circumstances outside the control of 
the alien. 
‘‘(iv) WAIVER.—The Secretary may 
waive the employment or education re-
quirements under this paragraph with re-
spect to any individual alien who dem-
onstrates extreme hardship to himself or 
herself or to a spouse, parent, or child who 
is a United States citizen or lawful perma-
nent resident. 
‘‘(4) ENGLISH SKILLS.— 
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182 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (C), a registered provi-
sional immigrant who is 16 years of age or 
older shall establish that he or she— 
‘‘(i) meets the requirements set forth 
in section 312; or 
‘‘(ii) is satisfactorily pursuing a 
course of study, pursuant to standards es-
tablished by the Secretary of Education, in 
consultation with the Secretary, to achieve 
an understanding of English and knowl-
edge and understanding of the history and 
Government of the United States, as de-
scribed in section 312(a). 
‘‘(B) RELATION TO NATURALIZATION EX-
AMINATION.—A registered provisional immi-
grant who demonstrates that he or she meets 
the requirements set forth in section 312 may 
be considered to have satisfied such require-
ments for purposes of becoming naturalized as 
a citizen of the United States. 
‘‘(C) EXCEPTIONS.— 
‘‘(i) MANDATORY.—Subparagraph (A) 
shall not apply to any person who is unable 
to comply with the requirements under 
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183 
that subparagraph because of a physical or 
developmental disability or mental impair-
ment. 
‘‘(ii) DISCRETIONARY.—The Secretary 
may waive all or part of subparagraph (A) 
for a registered provisional immigrant who 
is 70 years of age or older on the date on 
which an application is filed for adjust-
ment of status under this section. 
‘‘(5) MILITARY SELECTIVE SERVICE.—The alien 
shall provide proof of registration under the Military 
Selective Service Act (50 U.S.C. App. 451 et seq.), 
if the alien is subject to such registration on or after 
the date on which the alien’s application for reg-
istered provisional immigrant status is granted. 
‘‘(c) APPLICATION PROCEDURES.— 
‘‘(1) IN GENERAL.—Beginning on the date de-
scribed in paragraph (2), a registered provisional im-
migrant, or a registered provisional immigrant de-
pendent, who meets the eligibility requirements set 
forth in subsection (b) may apply for adjustment of 
status to that of an alien lawfully admitted for per-
manent residence by submitting an application to 
the Secretary that includes the evidence required, by 
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184 
regulation, to demonstrate the applicant’s eligibility 
for such adjustment. 
‘‘(2) BACK OF THE LINE.—The status of a reg-
istered provisional immigrant may not be adjusted to 
that of an alien lawfully admitted for permanent res-
idence under this section until after the Secretary of 
State certifies that immigrant visas have become 
available for all approved petitions for immigrant 
visas that were filed under sections 201 and 203 be-
fore the date of the enactment of the Border Secu-
rity, Economic Opportunity, and Immigration Mod-
ernization Act. 
‘‘(3) INTERVIEW.—The Secretary may interview 
applicants for adjustment of status under this sec-
tion to determine whether they meet the eligibility 
requirements set forth in subsection (b). 
‘‘(4) 
SECURITY
AND
LAW
ENFORCEMENT 
CLEARANCES.—The Secretary may not adjust the 
status of a registered provisional immigrant under 
this section until renewed national security and law 
enforcement clearances have been completed with re-
spect to the registered provisional immigrant, to the 
satisfaction of the Secretary. 
‘‘(5) FEES AND PENALTIES.— 
‘‘(A) PROCESSING FEES.— 
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185 
‘‘(i) IN
GENERAL.—The Secretary 
shall impose a processing fee on applicants 
for adjustment of status under this section 
at a level sufficient to recover the full cost 
of processing such applications, including 
costs associated with— 
‘‘(I) adjudicating the applica-
tions; 
‘‘(II) taking and processing bio-
metrics; 
‘‘(III) performing national secu-
rity and criminal checks, including ad-
judication; 
‘‘(IV) 
preventing 
and 
inves-
tigating fraud; and 
‘‘(V) the administration of the 
fees collected. 
‘‘(ii) AUTHORITY
TO
LIMIT
FEES.— 
The Secretary, by regulation, may— 
‘‘(I) limit the maximum proc-
essing fee payable under this subpara-
graph by a family, including spouses 
and children; and 
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186 
‘‘(II) exempt other defined class-
es of individuals from the payment of 
the fee authorized under clause (i). 
‘‘(iii) DEPOSIT AND USE OF FEES.— 
Fees collected under this subparagraph— 
‘‘(I) shall be deposited into the 
Immigration Examinations Fee Ac-
count pursuant to section 286(m); 
and 
‘‘(II) shall remain available until 
expended pursuant to section 286(n). 
‘‘(B) PENALTIES.— 
‘‘(i) IN GENERAL.—In addition to the 
processing fee required under subpara-
graph (A) and the penalty required under 
section 245B(c)(6)(D), an alien who was 
21 years of age or older on the date on 
which the Border Security, Economic Op-
portunity, and Immigration Modernization 
Act was originally introduced in the Senate 
and is filing an application for adjustment 
of status under this section shall pay a 
$1,000 penalty to the Secretary unless the 
alien meets the requirements under section 
245D(b). 
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187 
‘‘(ii) INSTALLMENTS.—The Secretary 
shall establish a process for collecting pay-
ments required under clause (i) through 
periodic installments. 
‘‘(iii) DEPOSIT, 
ALLOCATION, 
AND 
SPENDING OF PENALTIES.—Penalties col-
lected under this subparagraph— 
‘‘(I) shall be deposited into the 
Comprehensive 
Immigration 
Trust 
Fund 
established 
under 
section 
9(a)(1) of the Border Security, Eco-
nomic Opportunity, and Immigration 
Modernization Act; and 
‘‘(II) may be used for the pur-
poses set forth in section 9(a)(3)(B) 
of such Act.’’. 
(b) LIMITATION ON REGISTERED PROVISIONAL IMMI-
GRANTS.—An alien admitted as a registered provisional 
immigrant under section 245B of the Immigration and 
Nationality Act, as added by subsection (a), may only ad-
just status to an alien lawfully admitted for permanent 
resident status under section 245C or 245D of such Act 
or section 2302. 
(c) NATURALIZATION.—Section 319 (8 U.S.C. 1430) 
is amended— 
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188 
(1) in the section heading, by striking ‘‘AND 
EMPLOYEES OF CERTAIN NONPROFIT ORGANI-
ZATIONS’’ and inserting ‘‘, EMPLOYEES OF CER-
TAIN NONPROFIT ORGANIZATIONS, AND OTHER 
LONG-TERM LAWFUL RESIDENTS’’; and 
(2) by adding at the end the following: 
‘‘(f) Any lawful permanent resident who was lawfully 
present in the United States and eligible for work author-
ization for not less than 10 years before becoming a lawful 
permanent resident may be naturalized upon compliance 
with all the requirements under this title except the provi-
sions of section 316(a)(1) if such person, immediately pre-
ceding the date on which the person filed an application 
for naturalization— 
‘‘(1) has resided continuously within the United 
States, after being lawfully admitted for permanent 
residence, for at least 3 years; 
‘‘(2) during the 3-year period immediately pre-
ceding such filing date, has been physically present 
in the United States for periods totaling at least 50 
percent of such period; and 
‘‘(3) has resided within the State or in the ju-
risdiction of the U.S. Citizenship and Immigration 
Services field office in the United States in which 
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189 
the applicant filed such application for at least 3 
months.’’. 
SEC. 2103. THE DREAM ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Development, Relief, and Education for Alien Minors Act 
of 2013’’ or the ‘‘DREAM Act 2013’’. 
(b) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS 
WHO ENTERED THE UNITED STATES AS CHILDREN.— 
Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended 
by inserting after section 245C, as added by section 2102 
of this title, the following: 
‘‘SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS 
WHO ENTERED THE UNITED STATES AS CHIL-
DREN. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given such term in section 102 of the High-
er Education Act of 1965 (20 U.S.C. 1002), except 
that the term does not include institutions described 
in subsection (a)(1)(C) of such section. 
‘‘(2) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Homeland Security. 
‘‘(3) UNIFORMED SERVICES.—The term ‘Uni-
formed Services’ has the meaning given the term 
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190 
‘uniformed services’ in section 101(a)(5) of title 10, 
United States Code. 
‘‘(b) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS 
WHO ENTERED THE UNITED STATES AS CHILDREN.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
adjust the status of a registered provisional im-
migrant to the status of a lawful permanent 
resident if the immigrant demonstrates that he 
or she— 
‘‘(i) has been a registered provisional 
immigrant for at least 5 years; 
‘‘(ii) was younger than 16 years of 
age on the date on which the alien initially 
entered the United States; 
‘‘(iii) has earned a high school di-
ploma, a commensurate alternative award 
from a public or private high school or sec-
ondary school, or has obtained a general 
education development certificate recog-
nized under State law, or a high school 
equivalency diploma in the United States; 
‘‘(iv)(I) has acquired a degree from an 
institution of higher education or has com-
pleted at least 2 years, in good standing, 
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191 
in a program for a bachelor’s degree or 
higher degree in the United States; or 
‘‘(II) has served in the Uniformed 
Services for at least 4 years and, if dis-
charged, received an honorable discharge; 
and 
‘‘(v) has provided a list of each sec-
ondary school (as that term is defined in 
section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801)) that the alien attended in the 
United States. 
‘‘(B) HARDSHIP EXCEPTION.— 
‘‘(i) IN
GENERAL.—The Secretary 
may adjust the status of a registered provi-
sional immigrant to the status of a lawful 
permanent resident if the alien— 
‘‘(I) satisfies the requirements 
under clauses (i), (ii), (iii), and (v) of 
subparagraph (A); and 
‘‘(II) 
demonstrates 
compelling 
circumstances for the inability to sat-
isfy the requirement under subpara-
graph (A)(iv). 
‘‘(C) CITIZENSHIP REQUIREMENT.— 
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192 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the Secretary may not 
adjust the status of an alien to lawful per-
manent resident status under this section 
unless the alien demonstrates that the 
alien satisfies the requirements under sec-
tion 312(a). 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply to an alien whose physical or de-
velopmental disability or mental impair-
ment prevents the alien from meeting the 
requirements such section. 
‘‘(D) SUBMISSION OF BIOMETRIC AND BIO-
GRAPHIC DATA.—The Secretary may not adjust 
the status of an alien to lawful permanent resi-
dent status unless the alien— 
‘‘(i) submits biometric and biographic 
data, in accordance with procedures estab-
lished by the Secretary; or 
‘‘(ii) complies with an alternative pro-
cedure prescribed by the Secretary, if the 
alien is unable to provide such biometric 
data because of a physical impairment. 
‘‘(E) BACKGROUND CHECKS.— 
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193 
‘‘(i) REQUIREMENT FOR BACKGROUND 
CHECKS.—The Secretary shall utilize bio-
metric, biographic, and other data that the 
Secretary determines appropriate— 
‘‘(I) to conduct national security 
and 
law 
enforcement 
background 
checks of an alien applying for lawful 
permanent resident status under this 
section; and 
‘‘(II) to determine whether there 
is any criminal, national security, or 
other factor that would render the 
alien ineligible for such status. 
‘‘(ii) COMPLETION
OF
BACKGROUND 
CHECKS.—The Secretary may not adjust 
an alien’s status to the status of a lawful 
permanent resident under this subsection 
until the national security and law enforce-
ment background checks required under 
clause (i) have been completed with respect 
to the alien, to the satisfaction of the Sec-
retary. 
‘‘(2) APPLICATION
FOR
LAWFUL
PERMANENT 
RESIDENT STATUS.— 
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194 
‘‘(A) IN
GENERAL.—A registered provi-
sional immigrant seeking lawful permanent resi-
dent status shall file an application for such 
status in such manner as the Secretary may re-
quire. 
‘‘(B) ADJUDICATION.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall evaluate each application filed by a 
registered provisional immigrant under this 
paragraph to determine whether the alien 
meets the requirements under paragraph 
(1). 
‘‘(ii) ADJUSTMENT OF STATUS IF FA-
VORABLE
DETERMINATION.—If the Sec-
retary determines that the alien meets the 
requirements under paragraph (1), the 
Secretary shall notify the alien of such de-
termination and adjust the status of the 
alien to lawful permanent resident status, 
effective as of the date of such determina-
tion. 
‘‘(iii) ADVERSE DETERMINATION.—If 
the Secretary determines that the alien 
does not meet the requirements under 
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195 
paragraph (1), the Secretary shall notify 
the alien of such determination. 
‘‘(C) DACA RECIPIENTS.—The Secretary 
may adopt streamlined procedures for appli-
cants for adjustment to lawful permanent resi-
dent status under this section who were granted 
Deferred Action for Childhood Arrivals pursu-
ant to the Secretary’s memorandum of June 
15, 2012. 
‘‘(3) TREATMENT
FOR
PURPOSES
OF
NATU-
RALIZATION.— 
‘‘(A) IN GENERAL.—An alien granted law-
ful permanent resident status under this section 
shall be considered, for purposes of title III— 
‘‘(i) to have been lawfully admitted for 
permanent residence; and 
‘‘(ii) to have been in the United 
States as an alien lawfully admitted to the 
United States for permanent residence 
during the period the alien was a reg-
istered provisional immigrant. 
‘‘(B) LIMITATION
ON
APPLICATION
FOR 
NATURALIZATION.—An alien may not apply for 
naturalization while the alien is in registered 
provisional immigrant status, except for an 
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196 
alien described in paragraph (1)(A)(ii) pursuant 
to section 328 or 329.’’. 
(c) EXEMPTION FROM NUMERICAL LIMITATIONS.— 
Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended— 
(1) by redesignating subparagraph (E) as sub-
paragraph (F); and 
(2) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) Aliens whose status is adjusted to perma-
nent resident status under section 245C or 245D.’’. 
(d) RESTORATION OF STATE OPTION TO DETER-
MINE RESIDENCY
FOR PURPOSES
OF HIGHER EDU-
CATION.— 
(1) REPEAL.—Section 505 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1623) is repealed. 
(2) EFFECTIVE DATE.—The repeal under para-
graph (1) shall take effect as if included in the origi-
nal enactment of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (division 
C of Public Law 104–208). 
(e) NATURALIZATION.—Section 328(a) (8 U.S.C. 
1439(a)) is amended by inserting ‘‘, without having been 
lawfully admitted to the United States for permanent resi-
dent, and’’ after ‘‘naturalized’’. 
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197 
(f) LIMITATION
ON FEDERAL STUDENT ASSIST-
ANCE.—Notwithstanding any other provision of law, aliens 
granted registered provisional immigrant status and who 
initially entered the United States before reaching 16 
years of age and aliens granted blue card status shall be 
eligible only for the following assistance under title IV of 
the Higher Education Act of 1965 (20 U.S.C. 1070 et 
seq.): 
(1) Student loans under parts D and E of such 
title IV (20 U.S.C. 1087a et seq. and 1087aa et 
seq.), subject to the requirements of such parts. 
(2) Federal work-study programs under part C 
of such title IV (42 U.S.C. 2751 et seq.), subject to 
the requirements of such part. 
(3) Services under such title IV (20 U.S.C. 
1070 et seq.), subject to the requirements for such 
services. 
SEC. 2104. ADDITIONAL REQUIREMENTS. 
(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.) is amended by inserting after section 245C, 
as added by section 2102 of this title, the following: 
‘‘SEC. 245E. ADDITIONAL REQUIREMENTS RELATING TO 
REGISTERED 
PROVISIONAL 
IMMIGRANTS 
AND OTHERS. 
‘‘(a) DISCLOSURES.— 
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198 
‘‘(1) PROHIBITED
DISCLOSURES.—Except as 
otherwise provided in this subsection, no officer or 
employee of any Federal agency may— 
‘‘(A) use the information furnished in an 
application for lawful status under section 
245B, 245C, or 245D for any purpose other 
than to make a determination on any applica-
tion by the alien for any immigration benefit or 
protection; 
‘‘(B) make any publication through which 
information furnished by any particular appli-
cant can be identified; or 
‘‘(C) permit anyone other than the sworn 
officers, employees, and contractors of such 
agency or of another entity approved by the 
Secretary to examine any individual application 
for lawful status under section 245B, 245C, or 
245D. 
‘‘(2) REQUIRED DISCLOSURES.—The Secretary 
shall provide the information furnished in an appli-
cation filed under section 245B, 245C, or 245D and 
any other information derived from such furnished 
information to— 
‘‘(A) a law enforcement agency, intel-
ligence agency, national security agency, a com-
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199 
ponent of the Department of Homeland Secu-
rity, court, or grand jury, consistent with law, 
in connection with— 
‘‘(i) a criminal investigation or pros-
ecution of any felony not related to the ap-
plicant’s immigration status; or 
‘‘(ii) a national security investigation 
or prosecution; and 
‘‘(B) an official coroner for purposes of af-
firmatively identifying a deceased individual, 
whether or not the death of such individual re-
sulted from a crime. 
‘‘(3) AUDITING AND EVALUATION OF INFORMA-
TION.—The Secretary may— 
‘‘(A) audit and evaluate information fur-
nished as part of any application filed under 
section 245B, 245C, or 245D for purposes of 
identifying immigration fraud or fraud schemes; 
and 
‘‘(B) use any evidence detected by means 
of audits and evaluations for purposes of inves-
tigating, prosecuting, referring for prosecution, 
or denying or terminating immigration benefits. 
‘‘(b) EMPLOYER PROTECTIONS.— 
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200 
‘‘(1) USE OF EMPLOYMENT RECORDS.—Copies 
of employment records or other evidence of employ-
ment provided by an alien or by an alien’s employer 
in support of an alien’s application for registered 
provisional immigrant status under section 245B 
may not be used in a civil or criminal prosecution 
or investigation of that employer under section 274A 
or the Internal Revenue Code of 1986 for the prior 
unlawful employment of that alien regardless of the 
adjudication of such application or reconsideration 
by the Secretary of such alien’s prima facie eligi-
bility determination. Employers that provide unau-
thorized aliens with copies of employment records or 
other evidence of employment pursuant to an appli-
cation for registered provisional immigrant status 
shall not be subject to civil and criminal liability 
pursuant to section 274A for employing such unau-
thorized aliens. 
‘‘(2) LIMIT
ON
APPLICABILITY.—The protec-
tions for employers and aliens under paragraph (1) 
shall not apply if the aliens or employers submit em-
ployment records that are deemed to be fraudulent. 
‘‘(c) ADMINISTRATIVE REVIEW.— 
‘‘(1) EXCLUSIVE
ADMINISTRATIVE
REVIEW.— 
Administrative review of a determination respecting 
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201 
an application for status under section 245B, 245C, 
245D, or 245F or section 2211 of the Agricultural 
Worker Program Act of 2013 shall be conducted 
solely in accordance with this subsection. 
‘‘(2) ADMINISTRATIVE APPELLATE REVIEW.— 
‘‘(A) ESTABLISHMENT
OF
ADMINISTRA-
TIVE APPELLATE AUTHORITY.—The Secretary 
shall establish or designate an appellate author-
ity to provide for a single level of administrative 
appellate review of a determination with respect 
to applications for, or revocation of, status 
under sections 245B, 245C, and 245D. 
‘‘(B) SINGLE APPEAL FOR EACH ADMINIS-
TRATIVE DECISION.— 
‘‘(i) IN
GENERAL.—An alien in the 
United States whose application for status 
under section 245B, 245C, or 245D has 
been denied or revoked may file with the 
Secretary not more than 1 appeal of each 
decision to deny or revoke such status. 
‘‘(ii) NOTICE OF APPEAL.—A notice of 
appeal filed under this subparagraph shall 
be filed not later than 90 days after the 
date of service of the decision of denial or 
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202 
revocation, unless the delay was reasonably 
justifiable. 
‘‘(C) REVIEW BY SECRETARY.—Nothing in 
this paragraph may be construed to limit the 
authority of the Secretary to certify appeals for 
review and final administrative decision. 
‘‘(D) DENIAL OF PETITIONS FOR DEPEND-
ENTS.—Appeals of a decision to deny or revoke 
a petition filed by a registered provisional immi-
grant pursuant to regulations promulgated 
under section 245B to classify a spouse or child 
of such alien as a registered provisional immi-
grant shall be subject to the administrative ap-
pellate authority described in subparagraph (A). 
‘‘(E) STAY OF REMOVAL.—Aliens seeking 
administrative review shall not be removed from 
the United States until a final decision is ren-
dered establishing ineligibility for status under 
section 245B, 245C, or 245D. 
‘‘(3) RECORD FOR REVIEW.—Administrative ap-
pellate review under paragraph (2) shall be de novo 
and based solely upon— 
‘‘(A) the administrative record established 
at the time of the determination on the applica-
tion; and 
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203 
‘‘(B) any additional newly discovered or 
previously unavailable evidence. 
‘‘(4) UNLAWFUL PRESENCE.—During the pe-
riod in which an alien may request administrative 
review under this subsection, and during the period 
that any such review is pending, the alien shall not 
be considered ‘unlawfully present in the United 
States’ for purposes of section 212(a)(9)(B). 
‘‘(d) PRIVACY AND CIVIL LIBERTIES.— 
‘‘(1) IN GENERAL.—The Secretary, in accord-
ance with subsection (a)(1), shall require appro-
priate administrative and physical safeguards to pro-
tect the security, confidentiality, and integrity of 
personally identifiable information collected, main-
tained, and disseminated pursuant to sections 245B, 
245C, and 245D. 
‘‘(2) ASSESSMENTS.—Notwithstanding the pri-
vacy requirements set forth in section 222 of the 
Homeland Security Act (6 U.S.C. 142) and the E– 
Government Act of 2002 (Public Law 107–347), the 
Secretary shall conduct a privacy impact assessment 
and a civil liberties impact assessment of the legal-
ization program established under sections 245B, 
245C, and 245D during the pendency of the interim 
final regulations required to be issued under section 
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204 
2110 of the Border Security, Economic Opportunity, 
and Immigration Modernization Act.’’. 
(b) JUDICIAL REVIEW.—Section 242 (8 U.S.C. 1252) 
is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (B), by inserting ‘‘the 
exercise of discretion arising under’’ after ‘‘no 
court shall have jurisdiction to review’’; 
(B) in subparagraph (D), by striking 
‘‘raised upon a petition for review filed with an 
appropriate court of appeals in accordance with 
this section’’; 
(2) in subsection (b)(2), by inserting ‘‘or, in the 
case of a decision rendered under section 245E(c), 
in the judicial circuit in which the petitioner resides’’ 
after ‘‘proceedings’’; and 
(3) by adding at the end the following: 
‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA-
TIONS RELATING TO STATUS UNDER CHAPTER 5.— 
‘‘(1) DIRECT REVIEW.—If an alien’s application 
under section 245B, 245C, 245D, or 245F or sec-
tion 2211 of the Agricultural Worker Program Act 
of 2013 is denied, or is revoked after the exhaustion 
of administrative appellate review under section 
245E(c), the alien may seek review of such decision, 
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205 
in accordance with chapter 7 of title 5, United 
States Code, before the United States district court 
for the district in which the person resides. 
‘‘(2) STATUS DURING REVIEW.—While a review 
described in paragraph (1) is pending— 
‘‘(A) the alien shall not be deemed to ac-
crue unlawful presence for purposes of section 
212(a)(9); 
‘‘(B) any unexpired grant of voluntary de-
parture under section 240B shall be tolled; and 
‘‘(C) the court shall have the discretion to 
stay the execution of any order of exclusion, de-
portation, or removal. 
‘‘(3) 
REVIEW
AFTER
REMOVAL
PRO-
CEEDINGS.—An alien may seek judicial review of a 
denial or revocation of approval of the alien’s appli-
cation under section 245B, 245C, or 245D in the 
appropriate United States court of appeal in con-
junction with the judicial review of an order of re-
moval, deportation, or exclusion if the validity of the 
denial has not been upheld in a prior judicial pro-
ceeding under paragraph (1). 
‘‘(4) STANDARD FOR JUDICIAL REVIEW.— 
‘‘(A) BASIS.—Judicial review of a denial, 
or revocation of an approval, of an application 
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206 
under section 245B, 245C, or 245D shall be 
based upon the administrative record estab-
lished at the time of the review. 
‘‘(B) AUTHORITY
TO
REMAND.—The re-
viewing court may remand a case under this 
subsection to the Secretary for consideration of 
additional evidence if the court finds that— 
‘‘(i) the additional evidence is mate-
rial; and 
‘‘(ii) there were reasonable grounds 
for failure to adduce the additional evi-
dence before the Secretary. 
‘‘(C) SCOPE OF REVIEW.—Notwithstanding 
any other provision of law, judicial review of all 
questions arising from a denial, or revocation of 
an approval, of an application under section 
245B, 245C, or 245D shall be governed by the 
standard of review set forth in section 706 of 
title 5, United States Code. 
‘‘(5) REMEDIAL POWERS.— 
‘‘(A) JURISDICTION.—Notwithstanding any 
other provision of law, the United States dis-
trict courts shall have jurisdiction over any 
cause or claim arising from a pattern or prac-
tice of the Secretary in the operation or imple-
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207 
mentation of the Border Security, Economic 
Opportunity, and Immigration Modernization 
Act, or the amendments made by such Act, that 
is arbitrary, capricious, or otherwise contrary to 
law. 
‘‘(B) SCOPE
OF
RELIEF.—The United 
States district courts may order any appro-
priate relief in a clause or claim described in 
subparagraph (A) without regard to exhaustion, 
ripeness, or other standing requirements (other 
than constitutionally mandated requirements), 
if the court determines that— 
‘‘(i) the resolution of such cause or 
claim will serve judicial and administrative 
efficiency; or 
‘‘(ii) a remedy would otherwise not be 
reasonably available or practicable. 
‘‘(6) CHALLENGES TO THE VALIDITY OF THE 
SYSTEM.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (5), any claim that section 245B, 
245C, 245D, or 245E or any regulation, writ-
ten policy, or written directive, issued or un-
written policy or practice initiated by or under 
the authority of the Secretary to implement 
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208 
such sections, violates the Constitution of the 
United States or is otherwise in violation of law 
is available exclusively in an action instituted in 
United States District Court in accordance with 
the procedures prescribed in this paragraph. 
‘‘(B) SAVINGS PROVISION.—Except as pro-
vided in subparagraph (C), nothing in subpara-
graph (A) may be construed to preclude an ap-
plicant under 245B, 245C, or 245D from as-
serting that an action taken or a decision made 
by the Secretary with respect to the applicant’s 
status was contrary to law. 
‘‘(C) CLASS
ACTIONS.—Any claim de-
scribed in subparagraph (A) that is brought as 
a class action shall be brought in conformity 
with— 
‘‘(i) the Class Action Fairness Act of 
2005 (Public Law 109–2); and 
‘‘(ii) the Federal Rules of Civil Proce-
dure. 
‘‘(D) PRECLUSIVE EFFECT.—The final dis-
position of any claim brought under subpara-
graph (A) shall be preclusive of any such claim 
asserted by the same individual in a subsequent 
proceeding under this subsection. 
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209 
‘‘(E) EXHAUSTION
AND
STAY
OF
PRO-
CEEDINGS.— 
‘‘(i) IN GENERAL.—No claim brought 
under this paragraph shall require the 
plaintiff to exhaust administrative rem-
edies under section 245E(c). 
‘‘(ii) STAY AUTHORIZED.—Nothing in 
this paragraph may be construed to pre-
vent the court from staying proceedings 
under this paragraph to permit the Sec-
retary to evaluate an allegation of an un-
written policy or practice or to take correc-
tive action. In determining whether to 
issue such a stay, the court shall take into 
account any harm the stay may cause to 
the claimant.’’. 
(c) RULE OF CONSTRUCTION.—Section 244(h) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(h)) 
shall not limit the authority of the Secretary to adjust the 
status of an alien under section 245C or 245D of the Im-
migration and Nationality Act, as added by this subtitle. 
(d) EFFECT OF FAILURE TO REGISTER ON ELIGI-
BILITY FOR IMMIGRATION BENEFITS.—Failure to comply 
with section 264.1(f) of title 8, Code of Federal Regula-
tions or with removal orders or voluntary departure agree-
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210 
ments based on such section for acts committed before the 
date of the enactment of this Act shall not affect the eligi-
bility of an alien to apply for a benefit under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.). 
(e) CLERICAL AMENDMENT.—The table of contents 
is amended by inserting after the item relating to section 
245A the following: 
‘‘Sec. 245E. Additional requirements relating to registered provisional immi-
grants and others.’’. 
SEC. 2105. CRIMINAL PENALTY. 
(a) IN GENERAL.—Chapter 69 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1430. Improper use of information relating to reg-
istered provisional immigrant applica-
tions 
‘‘Any person who knowingly uses, publishes, or per-
mits information described in section 245E(a) of the Im-
migration and Nationality Act to be examined in violation 
of such section shall be fined not more than $10,000.’’. 
(b) DEPOSIT OF FINES.—All criminal penalties col-
lected under section 1430 of title 18, United States Code, 
as added by subsection (a), shall be deposited into the 
Comprehensive Immigration Reform Trust Fund estab-
lished under section 9(a)(1). 
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211 
(c) CLERICAL AMENDMENT.—The table of sections 
in chapter 69 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘1430. Improper use of information relating to registered provisional immigrant 
applications.’’. 
SEC. 2106. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI-
CANTS. 
(a) ESTABLISHMENT.—The Secretary may establish, 
within U.S. Citizenship and Immigration Services, a pro-
gram to award grants, on a competitive basis, to eligible 
nonprofit organizations that will use the funding to assist 
eligible applicants under section 245B, 245C, 245D, or 
245F of the Immigration and Nationality Act or section 
2211 of this Act by providing them with the services de-
scribed in subsection (c). 
(b) ELIGIBLE
NONPROFIT
ORGANIZATION.—The 
term ‘‘eligible nonprofit organization’’ means a nonprofit, 
tax-exempt organization, including a community, faith- 
based or other immigrant-serving organization, whose 
staff has demonstrated qualifications, experience, and ex-
pertise in providing quality services to immigrants, refu-
gees, persons granted asylum, or persons applying for 
such statuses. 
(c) USE OF FUNDS.—Grant funds awarded under 
this section may be used for the design and implementa-
tion of programs that provide— 
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212 
(1) information to the public regarding the eli-
gibility and benefits of registered provisional immi-
grant status authorized under section 245B of the 
Immigration and Nationality Act and blue card sta-
tus authorized under section 2211, particularly to 
individuals potentially eligible for such status; 
(2) assistance, within the scope of authorized 
practice of immigration law, to individuals submit-
ting applications for registered provisional immi-
grant status or blue card status, including— 
(A) screening prospective applicants to as-
sess their eligibility for such status; 
(B) completing applications and petitions, 
including providing assistance in obtaining the 
requisite documents and supporting evidence; 
(C) applying for any waivers for which ap-
plicants and qualifying family members may be 
eligible; and 
(D) providing any other assistance that the 
Secretary or grantees consider useful or nec-
essary to apply for registered provisional immi-
grant status or blue card status; 
(3) assistance, within the scope of authorized 
practice of immigration law, to individuals seeking to 
adjust their status to that of an alien admitted for 
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213 
permanent residence under section 245C or 245F of 
the Immigration and Nationality Act; and 
(4) assistance, within the scope of authorized 
practice of immigration law, and instruction, to indi-
viduals— 
(A) on the rights and responsibilities of 
United States citizenship; 
(B) in civics and civics-based English as a 
second language; and 
(C) in applying for United States citizen-
ship. 
(d) SOURCE OF GRANT FUNDS.— 
(1) APPLICATION
FEES.—The Secretary may 
use up to $50,000,000 from the Comprehensive Im-
migration Reform Trust Fund established under sec-
tion 9(a)(1) to carry out this section. 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) AMOUNTS AUTHORIZED.—In addition 
to the amounts made available under paragraph 
(1), there are authorized to be appropriated 
such sums as may be necessary for each of the 
fiscal years 2014 through 2018 to carry out 
this section. 
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214 
(B) AVAILABILITY.—Any amounts appro-
priated pursuant to subparagraph (A) shall re-
main available until expended. 
SEC. 2107. CONFORMING AMENDMENTS TO THE SOCIAL SE-
CURITY ACT. 
(a) CORRECTION OF SOCIAL SECURITY RECORDS.— 
(1) IN GENERAL.—Section 208(e)(1) of the So-
cial Security Act (42 U.S.C. 408(e)(1)) is amend-
ed— 
(A) in subparagraph (B)(ii), by striking 
‘‘or’’ at the end; 
(B) in subparagraph (C), by striking the 
comma at the end and inserting a semicolon; 
(C) by inserting after subparagraph (C) 
the following: 
‘‘(D) who is granted status as a registered 
provisional immigrant under section 245B or 
245D of the Immigration and Nationality Act; 
or 
‘‘(E) whose status is adjusted to that of 
lawful permanent resident under section 245C 
of the Immigration and Nationality Act,’’; and 
(D) in the undesignated matter at the end, 
by inserting ‘‘, or in the case of an alien de-
scribed in subparagraph (D) or (E), if such 
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215 
conduct is alleged to have occurred before the 
date on which the alien submitted an applica-
tion under section 245B of such Act for classi-
fication as a registered provisional immigrant’’ 
before the period at the end. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the first day 
of the tenth month that begins after the date of the 
enactment of this Act. 
(b) STATE DISCRETION REGARDING TERMINATION 
OF PARENTAL RIGHTS.— 
(1) IN GENERAL.—A compelling reason for a 
State not to file (or to join in the filing of) a petition 
to terminate parental rights under section 475(5)(E) 
of the Social Security Act (42 U.S.C. 675(5)(E)) 
shall include— 
(A) the removal of the parent from the 
United States, unless the parent is unfit or un-
willing to be a parent of the child; or 
(B) the involvement of the parent in (in-
cluding detention pursuant to) an immigration 
proceeding, unless the parent is unfit or unwill-
ing to be a parent of the child. 
(2) CONDITIONS.—Before a State may file to 
terminate the parental rights under such section 
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216 
475(5)(E), the State (or the county or other political 
subdivision of the State, as applicable) shall make 
reasonable efforts— 
(A) to identify, locate, and contact (includ-
ing, if appropriate, through the diplomatic or 
consular offices of the country to which the par-
ent was removed or in which a parent or rel-
ative resides)— 
(i) any parent of the child who is in 
immigration detention; 
(ii) any parent of the child who has 
been removed from the United States; and 
(iii) if possible, any potential adult 
relative of the child (as described in section 
471(a)(29)); 
(B) to notify such parent or relative of the 
intent of the State (or the county or other polit-
ical subdivision of the State, as applicable) to 
file (or to join in the filing of) a petition re-
ferred to in paragraph (1); or 
(C) to reunify the child with any such par-
ent or relative; and 
(D) to provide and document appropriate 
services to the parent or relative. 
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217 
(3) 
CONFORMING
AMENDMENT.—Section 
475(5)(E)(ii) of the Social Security Act (42 U.S.C. 
675(5)(E)) is amended by inserting ‘‘, including the 
reason set forth in section 2107(b)(1) of the Border 
Security, Economic Opportunity, and Immigration 
Modernization Act’’ after ‘‘child’’. 
(c) CHILDREN SEPARATED FROM PARENTS
AND 
CAREGIVERS.— 
(1) STATE PLAN FOR FOSTER CARE AND ADOP-
TION ASSISTANCE.—Section 471(a) of the Social Se-
curity Act (42 U.S.C. 671(a)) is amended— 
(A) by amending paragraph (19) to read 
as follows: 
‘‘(19) provides that the State shall give pref-
erence to an adult relative over a nonrelated care-
giver when determining a placement for a child if— 
‘‘(A) the relative caregiver meets all rel-
evant State child protection standards; and 
‘‘(B) the standards referred to in subpara-
graph (A) ensure that the immigration status 
alone of a parent, legal guardian, or relative 
shall not disqualify the parent, legal guardian, 
or relative from being a placement for a child;’’; 
and 
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218 
(B) in paragraph (32), by striking ‘‘and’’ 
at the end; 
(C) in paragraph (33), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(34) provides that the State shall— 
‘‘(A) ensure that the case manager for a 
separated child is capable of communicating in 
the native language of such child and of the 
family of such child, or an interpreter who is so 
capable is provided to communicate with such 
child and the family of such child at no cost to 
the child or to the family of such child; 
‘‘(B) coordinate with the Department of 
Homeland Security to ensure that parents who 
wish for their child to accompany them to their 
country of origin are given adequate time and 
assistance to obtain a passport and visa, and to 
collect all relevant vital documents, such as 
birth certificate, health, and educational records 
and other information; 
‘‘(C) coordinate with State agencies re-
garding alternate documentation requirements 
for a criminal records check or a fingerprint- 
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219 
based check for a caregiver that does not have 
Federal or State-issued identification; 
‘‘(D) preserve, to the greatest extent prac-
ticable, the privacy and confidentiality of all in-
formation gathered in the course of admin-
istering the care, custody, and placement of, 
and follow up services provided to, a separated 
child, consistent with the best interest of such 
child, by not disclosing such information to 
other government agencies or persons (other 
than a parent, legal guardian, or relative care-
giver or such child), except that the head of the 
State agency (or the county or other political 
subdivision of the State, as applicable) may dis-
close such information, after placing a written 
record of the disclosure in the file of the child— 
‘‘(i) to a consular official for the pur-
pose of reunification of a child with a par-
ent, legal guardian, or relative caregiver 
who has been removed or is involved in an 
immigration proceeding, unless the child 
has refused contact with, or the sharing of 
personal or identifying information with, 
the government of his or her country of or-
igin; 
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220 
‘‘(ii) when authorized to do so by the 
child (if the child has attained 18 years of 
age) if the disclosure is consistent with the 
best interest of the child; or 
‘‘(iii) to a law enforcement agency if 
the disclosure would prevent imminent and 
serious harm to another individual; and 
‘‘(E) not less frequently than annually, 
compile, update, and publish a list of entities in 
the State that are qualified to provide legal rep-
resentation services for a separated child, in a 
language such that a child can read and under-
stand.’’. 
(2) ADDITIONAL
INFORMATION
TO
BE
IN-
CLUDED IN CASE PLAN.—Section 475 of such Act 
(42 U.S.C. 675) is amended— 
(A) in paragraph (1), by adding at the end 
the following: 
‘‘(H) In the case of a separated child with 
respect to whom the State plan requires the 
State 
to 
provide 
services 
under 
section 
471(a)(34)— 
‘‘(i) the location of the parent or legal 
guardian described in paragraph (9)(A) 
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221 
from whom the child has been separated; 
and 
‘‘(ii) a written record of each disclo-
sure to a government agency or person 
(other than such a parent, legal guardian, 
or relative) of information gathered in the 
course of tracking the care, custody, and 
placement of, and follow-up services pro-
vided to, the child.’’; and 
(B) by adding at the end the following: 
‘‘(9) The term ‘separated child’ means an indi-
vidual who— 
‘‘(A) has a parent or legal guardian who 
has been— 
‘‘(i) detained by a Federal, State, or 
local law enforcement agency in the en-
forcement of an immigration law; or 
‘‘(ii) removed from the United States 
as a result of a violation of such a law; and 
‘‘(B) is in foster care under the responsi-
bility of a State.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the 1st day 
of the 1st calendar quarter that begins after the 1- 
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222 
year period that begins on the date of the enactment 
of this Act. 
SEC. 2108. GOVERNMENT CONTRACTING AND ACQUISITION 
OF REAL PROPERTY INTEREST. 
(a) EXEMPTION FROM GOVERNMENT CONTRACTING 
AND HIRING RULES.— 
(1) IN GENERAL.—A determination by a Fed-
eral agency to use a procurement competition ex-
emption under section 253(c) of title 41, United 
States Code, or to use the authority granted in para-
graph (2), for the purpose of implementing this title 
and the amendments made by this title is not sub-
ject to challenge by protest to the Government Ac-
countability Office under sections 3551 and 3556 of 
title 31, United States Code, or to the Court of Fed-
eral Claims, under section 1491 of title 28, United 
States Code. An agency shall immediately advise the 
Congress of the exercise of the authority granted 
under this paragraph. 
(2) GOVERNMENT CONTRACTING EXEMPTION.— 
The competition requirement under section 253(a) 
of title 41, United States Code, may be waived or 
modified by a Federal agency for any procurement 
conducted to implement this title or the amendments 
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223 
made by this title if the senior procurement execu-
tive for the agency conducting the procurement— 
(A) determines that the waiver or modi-
fication is necessary; and 
(B) submits an explanation for such deter-
mination to the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate 
and the Committee on Homeland Security of 
the House of Representatives. 
(3) 
HIRING
RULES
EXEMPTION.—Notwith-
standing any other provision of law, the Secretary is 
authorized to make term, temporary limited, and 
part-time appointments of employees who will imple-
ment this title and the amendments made by this 
title without regard to the number of such employ-
ees, their ratio to permanent full-time employees, 
and the duration of their employment. Nothing in 
chapter 71 of title 5, United States Code, shall af-
fect the authority of any Department management 
official to hire term, temporary limited or part-time 
employees under this paragraph. 
(b) AUTHORITY TO WAIVE ANNUITY LIMITATIONS.— 
Section 824(g)(2)(B) of the Foreign Service Act of 1980 
(22 U.S.C. 4064(g)(2)(B)) is amended by striking ‘‘2009’’ 
and inserting ‘‘2017’’. 
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224 
(c) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not-
withstanding any other provision of law, the Secretary 
may acquire a leasehold interest in real property, and may 
provide in a lease entered into under this subsection for 
the construction or modification of any facility on the 
leased property, if the Secretary determines that the ac-
quisition of such interest, and such construction or modi-
fication, are necessary in order to facilitate the implemen-
tation of this title and the amendments made by this title. 
SEC. 2109. LONG-TERM LEGAL RESIDENTS OF THE COM-
MONWEALTH OF THE NORTHERN MARIANA 
ISLANDS. 
Section (6)(e) of the Joint Resolution entitled ‘‘A 
Joint Resolution to approve the ‘Covenant to Establish a 
Commonwealth of the Northern Mariana Islands in Polit-
ical Union with the United States of America’, and for 
other purposes’’, approved March 24, 1976 (48 U.S.C. 
1806(e)), as added by section 702 of the Consolidated 
Natural Resources Act of 2008 (Public Law 110–229; 122 
Stat. 854), is amended by adding at the end the following: 
‘‘(6) SPECIAL
PROVISION
REGARDING
LONG- 
TERM RESIDENTS OF THE COMMONWEALTH.— 
‘‘(A) CNMI-ONLY
RESIDENT
STATUS.— 
Notwithstanding paragraph (1), an alien de-
scribed in subparagraph (B) may, upon the ap-
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225 
plication of the alien, be admitted as an immi-
grant to the Commonwealth subject to the fol-
lowing rules: 
‘‘(i) The alien shall be treated as an 
immigrant lawfully admitted for permanent 
residence in the Commonwealth only, in-
cluding permitting entry to and exit from 
the Commonwealth, until the earlier of the 
date on which— 
‘‘(I) the alien ceases to perma-
nently reside in the Commonwealth; 
or 
‘‘(II) the alien’s status is ad-
justed under this paragraph or section 
245 of the Immigration and Nation-
ality Act (8 U.S.C. 1255) to that of 
an alien lawfully admitted for perma-
nent residence in accordance with all 
applicable eligibility requirements. 
‘‘(ii) The Secretary of Homeland Se-
curity shall establish a process for such 
aliens to apply for CNMI-only permanent 
resident status during the 90-day period 
beginning on the first day of the sixth 
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226 
month after the date of the enactment of 
this paragraph. 
‘‘(iii) Nothing in this subparagraph 
may be construed to provide any alien 
granted status under this subparagraph 
with public assistance to which the alien is 
not otherwise entitled. 
‘‘(B) ALIENS DESCRIBED.—An alien is de-
scribed in this subparagraph if the alien— 
‘‘(i) is lawfully present in the Com-
monwealth under the immigration laws of 
the United States; 
‘‘(ii) is otherwise admissible to the 
United States under the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.); 
‘‘(iii) resided continuously and law-
fully in the Commonwealth from November 
28, 2009, through the date of the enact-
ment of this paragraph; 
‘‘(iv) is not a citizen of the Republic 
of the Marshall Islands, the Federated 
States of Micronesia, or the Republic of 
Palau; and 
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227 
‘‘(v)(I) was born in the Northern 
Mariana Islands between January 1, 1974 
and January 9, 1978; 
‘‘(II) was, on May 8, 2008, and con-
tinues to be as of the date of the enact-
ment of this paragraph, a permanent resi-
dent (as defined in section 4303 of title 3 
of the Northern Mariana Islands Common-
wealth Code, in effect on May 8, 2008); 
‘‘(III) is the spouse or child (as de-
fined in section 101(b)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1101(b)(1))), of an alien described in sub-
clauses (I) or (II); 
‘‘(IV) was, on May 8, 2008, an imme-
diate relative (as defined in section 4303 of 
title 3 of the Northern Mariana Islands 
Commonwealth Code, in effect on May 8, 
2008, of a United States citizen, notwith-
standing the age of the United States cit-
izen, and continues to be such an imme-
diate relative on the date of the application 
described in subparagraph (A); 
‘‘(V) resided in the Northern Mariana 
Islands as a guest worker under Common-
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228 
wealth immigration law for at least 5 years 
before May 8, 2008 and is presently resi-
dent under CW–1 status; or 
‘‘(VI) is the spouse or child (as de-
fined in section 101(b)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1101(b)(1))), of the alien guest worker de-
scribed in subclause (V) and is presently 
resident under CW–2 status. 
‘‘(C) ADJUSTMENT FOR LONG TERM AND 
PERMANENT
RESIDENTS.—Beginning on the 
date that is 5 years after the date of the enact-
ment of the Border Security, Economic Oppor-
tunity, and Immigration Modernization Act, an 
alien described in subparagraph (B) may apply 
to receive an immigrant visa or to adjust his or 
her status to that of an alien lawfully admitted 
for permanent residence.’’. 
SEC. 2110. RULEMAKING. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary, the Attor-
ney General, and the Secretary of State separately shall 
issue interim final regulations to implement this subtitle 
and the amendments made by this subtitle, which shall 
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229 
take effect immediately upon publication in the Federal 
Register. 
(b) APPLICATION PROCEDURES; PROCESSING FEES; 
DOCUMENTATION.—The interim final regulations issued 
under subsection (a) shall include— 
(1) the procedures by which an alien, and the 
dependent spouse and children of such alien may 
apply for status under section 245B of the Immigra-
tion and Nationality Act, as added by section 2101 
of this Act, as a registered provisional immigrant or 
a registered provisional immigrant dependent, as ap-
plicable, including the evidence required to dem-
onstrate eligibility for such status or to be included 
in each application for such status; 
(2) the criteria to be used by the Secretary to 
determine— 
(A) the maximum processing fee payable 
under 
sections 
245B(c)(10)(B) 
and 
245C(c)(5)(A) of such Act by a family, includ-
ing spouses and unmarried children younger 
than 21 years of age; and 
(B) which individuals will be exempt from 
such fees; 
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230 
(3) the documentation required to be submitted 
by the applicant to demonstrate compliance with sec-
tion 245C(b)(3) of such Act; and 
(4) the procedures for a registered provisional 
immigrant to apply for adjustment of status under 
section 245C or 245D of such Act, including the evi-
dence required to be submitted with such application 
to demonstrate the applicant’s eligibility for such ad-
justment. 
(c) EXEMPTION FROM NATIONAL ENVIRONMENTAL 
POLICY ACT.—Any decision by the Secretary concerning 
any rulemaking action, plan, or program described in this 
section shall not be considered to be a major Federal ac-
tion subject to review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
SEC. 2111. STATUTORY CONSTRUCTION. 
Except as specifically provided, nothing in this sub-
title, or any amendment made by this subtitle, may be con-
strued to create any substantive or procedural right or 
benefit that is legally enforceable by any party against the 
United States or its agencies or officers or any other per-
son. 
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231 
Subtitle B—Agricultural Worker 
Program 
SEC. 2201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Agricultural Work-
er Program Act of 2013’’. 
SEC. 2202. DEFINITIONS. 
In this subtitle: 
(1) BLUE CARD STATUS.—The term ‘‘blue card 
status’’ means the status of an alien who has been 
lawfully admitted into the United States for tem-
porary residence under section 2211. 
(2) AGRICULTURAL
EMPLOYMENT.—The term 
‘‘agricultural employment’’ has the meaning given 
such term in section 3 of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 
1802), without regard to whether the specific service 
or activity is temporary or seasonal. 
(3) CHILD.—The term ‘‘child’’ has the meaning 
given the term in section 101(b)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(b)(1)). 
(4) EMPLOYER.—The term ‘‘employer’’ means 
any person or entity, including any farm labor con-
tractor and any agricultural association, that em-
ploys workers in agricultural employment. 
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232 
(5) QUALIFIED
DESIGNATED
ENTITY.—The 
term ‘‘qualified designated entity’’ means— 
(A) a qualified farm labor organization or 
an association of employers designated by the 
Secretary; or 
(B) any other entity that the Secretary 
designates as having substantial experience, 
demonstrated competence, and a history of 
long-term involvement in the preparation and 
submission of application for adjustment of sta-
tus under title II of the Immigration and Na-
tionality Act (8 U.S.C. 1151 et seq.). 
(6) WORK DAY.—The term ‘‘work day’’ means 
any day in which the individual is employed 5.75 or 
more hours in agricultural employment. 
CHAPTER 1—PROGRAM FOR EARNED STA-
TUS ADJUSTMENT OF AGRICULTURAL 
WORKERS 
Subchapter A—Blue Card Status 
SEC. 2211. REQUIREMENTS FOR BLUE CARD STATUS. 
(a) REQUIREMENTS FOR BLUE CARD STATUS.—Not-
withstanding any other provision of law, the Secretary, 
after conducting the national security and law enforce-
ment clearances required under section 245B(c)(4), may 
grant blue card status to an alien who— 
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233 
(1)(A) performed agricultural employment in 
the United States for not fewer than 575 hours or 
100 work days during the 2-year period ending on 
December 31, 2012; or 
(B) is the spouse or child of an alien described 
in subparagraph (A) and was physically present in 
the United States on or before December 31, 2012, 
and has maintained continuous presence in the 
United States from that date until the date on which 
the alien is granted blue card status, with the excep-
tion of absences from the United States that are 
brief, casual, and innocent, whether or not such ab-
sences were authorized by the Secretary; 
(2) submits a completed application before the 
end of the period set forth in subsection (b)(2); and 
(3) is not ineligible under paragraph (3) or (4) 
of section 245B(b) of the Immigration and Nation-
ality Act (other than a nonimmigrant alien admitted 
to the United States for agricultural employment de-
scribed in section 101(a)(15)(H)(ii)(a) of such Act. 
(b) APPLICATION.— 
(1) IN GENERAL.—An alien who meets the eli-
gibility requirements set forth in subsection (a)(1), 
may apply for blue card status and that alien’s 
spouse or child may apply for blue card status as a 
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234 
dependent, by submitting a completed application 
form to the Secretary during the application period 
set forth in paragraph (2) in accordance with the 
final rule promulgated by the Secretary pursuant to 
subsection (e). 
(2) SUBMISSION.—The Secretary shall provide 
that the alien shall be able to submit an application 
under paragraph (1)— 
(A) if the applicant is represented by an 
attorney or a nonprofit religious, charitable, so-
cial service, or similar organization recognized 
by the Board of Immigration Appeals under 
section 292.2 of title 8, Code of Federal Regu-
lations; or 
(B) to a qualified entity if the applicant 
consents to the forwarding of the application to 
the Secretary. 
(3) APPLICATION PERIOD.— 
(A) INITIAL PERIOD.—Except as provided 
in subparagraph (B), the Secretary may only 
accept applications for blue card status for a 1- 
year period from aliens in the United States be-
ginning on the date on which the final rule is 
published in the Federal Register pursuant to 
subsection (f), except that qualified non-
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235 
immigrants who have participated in the H–2A 
Program may apply from outside of the United 
States. 
(B) EXTENSION.—If the Secretary deter-
mines, during the initial period described in 
subparagraph (A), that additional time is re-
quired to process applications for blue card sta-
tus or for other good cause, the Secretary may 
extend the period for accepting applications for 
an additional 18 months. 
(4) APPLICATION FORM.— 
(A) REQUIRED INFORMATION.—The appli-
cation form referred to in paragraph (1) shall 
collect such information as the Secretary deter-
mines necessary and appropriate. 
(B) FAMILY APPLICATION.—The Secretary 
shall establish a process through which an alien 
may submit a single application under this sec-
tion on behalf of the alien, his or her spouse, 
and his or her children, who are residing in the 
United States. 
(C) 
INTERVIEW.—The 
Secretary 
may 
interview applicants for blue card status to de-
termine whether they meet the eligibility re-
quirements set forth in subsection (a)(1). 
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236 
(5) ALIENS APPREHENDED BEFORE OR DURING 
THE APPLICATION PERIOD.—If an alien, who is ap-
prehended during the period beginning on the date 
of the enactment of this Act and ending on the ap-
plication period described in paragraph (3), appears 
prima facie eligible for blue card status, the Sec-
retary— 
(A) shall provide the alien with a reason-
able opportunity to file an application under 
this section during such application period; and 
(B) may not remove the individual until a 
final administrative determination is made on 
the application. 
(6) SUSPENSION OF REMOVAL DURING APPLI-
CATION PERIOD.— 
(A) PROTECTION
FROM
DETENTION
OR 
REMOVAL.—An alien granted blue card status 
may not be detained by the Secretary or re-
moved from the United States unless— 
(i) such alien is, or has become, ineli-
gible for blue card status; or 
(ii) the alien’s blue card status has 
been revoked. 
(B) ALIENS IN REMOVAL PROCEEDINGS.— 
Notwithstanding any other provision of the Im-
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237 
migration and Nationality Act (8 U.S.C. 1101 
et seq.)— 
(i) if the Secretary determines that an 
alien, during the period beginning on the 
date of the enactment of this section and 
ending on the last day of the application 
period described in paragraph (2), is in re-
moval, deportation, or exclusion pro-
ceedings before the Executive Office for 
Immigration Review and is prima facie eli-
gible for blue card status under this sec-
tion— 
(I) the Secretary shall provide 
the alien with the opportunity to file 
an application for such status; and 
(II) upon motion by the Sec-
retary and with the consent of the 
alien or upon motion by the alien, the 
Executive Office for Immigration Re-
view shall— 
(aa) terminate such pro-
ceedings without prejudice to fu-
ture proceedings on any basis; 
and 
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238 
(bb) provide the alien a rea-
sonable opportunity to apply for 
such status; and 
(ii) if the Executive Office for Immi-
gration Review determines that an alien, 
during the application period described in 
paragraph (2), is in removal, deportation, 
or exclusion proceedings before the Execu-
tive Office for Immigration Review and is 
prima facie eligible for blue card status 
under this section— 
(I) the Executive Office of Immi-
gration Review shall notify the Sec-
retary of such determination; and 
(II) if the Secretary does not dis-
pute the determination of prima facie 
eligibility within 7 days after such no-
tification, the Executive Office for Im-
migration Review, upon consent of the 
alien, shall— 
(aa) terminate such pro-
ceedings without prejudice to fu-
ture proceedings on any basis; 
and 
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239 
(bb) permit the alien a rea-
sonable opportunity to apply for 
such status. 
(C) TREATMENT OF CERTAIN ALIENS.— 
(i) IN
GENERAL.—If an alien who 
meets the eligibility requirements set forth 
in subsection (a) is present in the United 
States and has been ordered excluded, de-
ported, or removed, or ordered to depart 
voluntarily from the United States under 
any provision of this Act— 
(I) notwithstanding such order or 
section 241(a)(5) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1231(a)(5)), the alien may apply for 
blue card status under this section; 
and 
(II) if the alien is granted such 
status, the alien shall file a motion to 
reopen the exclusion, deportation, re-
moval, or voluntary departure order, 
which motion shall be granted unless 
1 or more of the grounds of ineligi-
bility is established by clear and con-
vincing evidence. 
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240 
(ii) LIMITATIONS ON MOTIONS TO RE-
OPEN.—The limitations on motions to re-
open set forth in section 240(c)(7) of the 
Immigration and Nationality Act (8 U.S.C. 
1229a(c)(7)) shall not apply to motions 
filed under clause (i)(II). 
(D) PERIOD PENDING ADJUDICATION OF 
APPLICATION.— 
(i) IN GENERAL.—During the period 
beginning on the date on which an alien 
applies for blue card status under this sub-
section and the date on which the Sec-
retary makes a final decision regarding 
such application, the alien— 
(I) may receive advance parole to 
reenter the United States if urgent 
humanitarian circumstances compel 
such travel; 
(II) may not be detained by the 
Secretary or removed from the United 
States unless the Secretary makes a 
prima facie determination that such 
alien is, or has become, ineligible for 
blue card status; 
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241 
(III) shall not be considered un-
lawfully present for purposes of sec-
tion 212(a)(9)(B) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(9)(B)); and 
(IV) shall not be considered an 
unauthorized alien (as defined in sec-
tion 274A(h)(3) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(h)(3))). 
(ii) EVIDENCE OF APPLICATION FIL-
ING.—As soon as practicable after receiv-
ing each application for blue card status, 
the Secretary shall provide the applicant 
with a document acknowledging the receipt 
of such application. 
(iii) CONTINUING EMPLOYMENT.—An 
employer who knows an alien employee is 
an applicant for blue card status or will 
apply for such status once the application 
period commences is not in violation of sec-
tion 274A(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(a)(2)) if 
the employer continues to employ the alien 
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242 
pending the adjudication of the alien em-
ployee’s application. 
(iv) EFFECT
OF
DEPARTURE.—Sec-
tion 101(g) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(g)) shall not 
apply to an alien granted— 
(I) advance parole under clause 
(i)(I) to reenter the United States; or 
(II) blue card status. 
(7) SECURITY AND LAW ENFORCEMENT CLEAR-
ANCES.— 
(A) BIOMETRIC AND BIOGRAPHIC DATA.— 
The Secretary may not grant blue card status 
to an alien or an alien dependent spouse or 
child under this section unless such alien sub-
mits biometric and biographic data in accord-
ance with procedures established by the Sec-
retary. 
(B) 
ALTERNATIVE
PROCEDURES.—The 
Secretary shall provide an alternative procedure 
for applicants who cannot provide the standard 
biometric data required under subparagraph 
(A) because of a physical impairment. 
(C) CLEARANCES.— 
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243 
(i) DATA
COLLECTION.—The Sec-
retary shall collect, from each alien apply-
ing for status under this section, biometric, 
biographic, and other data that the Sec-
retary determines to be appropriate— 
(I) to conduct national security 
and law enforcement clearances; and 
(II) to determine whether there 
are any national security or law en-
forcement factors that would render 
an alien ineligible for such status. 
(ii) 
PREREQUISITE.—The 
required 
clearances described in clause (i)(I) shall 
be completed before the alien may be 
granted blue card status. 
(8) DURATION OF STATUS.—After the date that 
is 8 years after the date regulations are published 
under this section, no alien may remain in blue card 
status. 
(9) FEES AND PENALTIES.— 
(A) STANDARD PROCESSING FEE.— 
(i) IN GENERAL.—Aliens who are 16 
years of age or older and are applying for 
blue card status under paragraph (2), or 
for an extension of such status, shall pay 
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244 
a processing fee to the Department in an 
amount determined by the Secretary. 
(ii) RECOVERY OF COSTS.—The proc-
essing fee authorized under clause (i) shall 
be set at a level that is sufficient to recover 
the full costs of processing the application, 
including any costs incurred— 
(I) to adjudicate the application; 
(II) to take and process bio-
metrics; 
(III) to perform national security 
and criminal checks, including adju-
dication; 
(IV) to prevent and investigate 
fraud; and 
(V) to administer the collection 
of such fee. 
(iii) AUTHORITY
TO
LIMIT
FEES.— 
The Secretary, by regulation, may— 
(I) limit the maximum processing 
fee payable under this subparagraph 
by a family, including spouses and un-
married children younger than 21 
years of age; and 
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245 
(II) exempt defined classes of in-
dividuals from the payment of the fee 
authorized under clause (i). 
(B) DEPOSIT
AND
USE
OF
PROCESSING 
FEES.—Fees collected pursuant to subpara-
graph (A)(i)— 
(i) shall be deposited into the Immi-
gration Examinations Fee Account pursu-
ant to section 286(m); and 
(ii) shall remain available until ex-
pended pursuant to section 286(n). 
(C) PENALTY.— 
(i) PAYMENT.—In addition to the 
processing fee required under subpara-
graph (A), aliens who are 21 years of age 
or older and are applying for blue card sta-
tus under paragraph (2) shall pay a $100 
penalty to the Department. 
(ii) 
DEPOSIT.—Penalties 
collected 
pursuant to clause (i) shall be deposited 
into the Comprehensive Immigration Re-
form Trust Fund established under section 
9(a)(1). 
(10) ADJUDICATION.— 
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246 
(A) FAILURE TO SUBMIT SUFFICIENT EVI-
DENCE.—The Secretary shall deny an applica-
tion submitted by an alien who fails to sub-
mit— 
(i) requested initial evidence, includ-
ing requested biometric data; or 
(ii) any requested additional evidence 
by the date required by the Secretary. 
(B) AMENDED
APPLICATION.—An alien 
whose application for blue card status is denied 
under subparagraph (A) may file an amended 
application for such status to the Secretary if 
the amended application— 
(i) is filed within the application pe-
riod described in paragraph (3); and 
(ii) contains all the required informa-
tion and fees that were missing from the 
initial application. 
(11) EVIDENCE OF BLUE CARD STATUS.— 
(A) IN
GENERAL.—The Secretary shall 
issue documentary evidence of blue card status 
to each alien whose application for such status 
has been approved. 
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247 
(B) DOCUMENTATION
FEATURES.—Docu-
mentary evidence provided under subparagraph 
(A)— 
(i) shall be machine-readable and tam-
per-resistant, and shall contain a digitized 
photograph; 
(ii) shall, during the alien’s authorized 
period of admission, and any extension of 
such authorized admission, serve as a valid 
travel and entry document for the purpose 
of applying for admission to the United 
States; 
(iii) may be accepted during the pe-
riod of its validity by an employer as evi-
dence of employment authorization and 
identity under section 274A(b)(1)(B) of 
the Immigration and Nationality Act (8 
U.S.C. 1324a(b)(1)(B)); and 
(iv) shall include such other features 
and information as the Secretary may pre-
scribe. 
(c) TERMS AND CONDITIONS OF BLUE CARD STA-
TUS.— 
(1) CONDITIONS OF BLUE CARD STATUS.— 
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248 
(A) EMPLOYMENT.—Notwithstanding any 
other provision of law, including section 
241(a)(7) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)(7)), an alien with blue 
card status shall be authorized to be employed 
in the United States while in such status. 
(B) 
TRAVEL
OUTSIDE
THE
UNITED 
STATES.—An alien with blue card status may 
travel outside of the United States and may be 
admitted, if otherwise admissible, upon return-
ing to the United States without having to ob-
tain a visa if— 
(i) the alien is in possession of— 
(I) valid, unexpired documentary 
evidence of blue card status that com-
plies with subsection (b)(11); or 
(II) a travel document that has 
been approved by the Secretary and 
was issued to the alien after the 
alien’s original documentary evidence 
was lost, stolen, or destroyed; 
(ii) the alien’s absence from the 
United States did not exceed 180 days, un-
less the alien’s failure to timely return was 
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249 
due to extenuating circumstances beyond 
the alien’s control; and 
(iii) the alien establishes that the alien 
is not inadmissible under subparagraph 
(A)(i), (A)(iii), (B), or (C) of section 
212(a)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)). 
(C) ADMISSION.—An alien granted blue 
card status shall be considered to have been ad-
mitted in such status as of the date on which 
the alien’s application was filed. 
(D) CLARIFICATION OF STATUS.—An alien 
granted blue card status— 
(i) is lawfully admitted to the United 
States; and 
(ii) may not be classified as a non-
immigrant or as an alien who has been 
lawfully admitted for permanent residence. 
(2) REVOCATION.— 
(A) IN GENERAL.—The Secretary may re-
voke blue card status at any time after pro-
viding appropriate notice to the alien, and after 
the exhaustion or waiver of all applicable ad-
ministrative review procedures under section 
245E(c) of the Immigration and Nationality 
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250 
Act, as added by section 2104(a) of this Act, if 
the alien— 
(i) no longer meets the eligibility re-
quirements for blue card status; 
(ii) knowingly used documentation 
issued under this section for an unlawful 
or fraudulent purpose; or 
(iii) was absent from the United 
States for— 
(I) any single period longer than 
180 days in violation of the require-
ment under paragraph (1)(B)(ii); or 
(II) for more than 180 days in 
the aggregate during any calendar 
year, unless the alien’s failure to time-
ly return was due to extenuating cir-
cumstances beyond the alien’s control. 
(B) ADDITIONAL EVIDENCE.— 
(i) IN
GENERAL.—In determining 
whether to revoke an alien’s status under 
subparagraph (A), the Secretary may re-
quire the alien— 
(I) to submit additional evidence; 
or 
(II) to appear for an interview. 
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251 
(ii) EFFECT
OF
NONCOMPLIANCE.— 
The status of an alien who fails to comply 
with any requirement imposed by the Sec-
retary under clause (i) shall be revoked un-
less the alien demonstrates to the Sec-
retary’s satisfaction that such failure was 
reasonably excusable. 
(C) INVALIDATION OF DOCUMENTATION.— 
If an alien’s blue card status is revoked under 
subparagraph (A), any documentation issued by 
the Secretary to such alien under subsection 
(b)(11) shall automatically be rendered invalid 
for any purpose except for departure from the 
United States. 
(3) INELIGIBILITY FOR PUBLIC BENEFITS.—An 
alien who has been granted blue card status is not 
eligible for any Federal means-tested public benefit 
(as such term is defined and implemented in section 
403 of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1613)). 
(4) TREATMENT OF BLUE CARD STATUS.—A 
noncitizen granted blue card status shall be consid-
ered lawfully present in the United States for all 
purposes while such noncitizen remains in such sta-
tus, except that the noncitizen— 
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252 
(A) is not entitled to the premium assist-
ance tax credit authorized under section 36B of 
the Internal Revenue Code of 1986 for his or 
her coverage; 
(B) shall be subject to the rules applicable 
to individuals who are not lawfully present set 
forth in subsection (e) of such section; 
(C) shall be subject to the rules applicable 
to individuals who are not lawfully present set 
forth in section 1402(e) of the Patient Protec-
tion and Affordable Care Act (42 U.S.C. 
18071(e)); and 
(D) shall be subject to the rules applicable 
to individuals not lawfully present set forth in 
section 5000A(d)(3) of the Internal Revenue 
Code of 1986. 
(5) ADJUSTMENT TO REGISTERED PROVISIONAL 
IMMIGRANT STATUS.—The Secretary may adjust the 
status of an alien who has been granted blue card 
status to the status of a registered provisional immi-
grant under section 245B of the Immigration and 
Nationality Act if the Secretary determines that the 
alien is unable to fulfill the agricultural service re-
quirement set forth in section 245F(a)(1) of such 
Act. 
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253 
(d) RECORD OF EMPLOYMENT.— 
(1) IN GENERAL.—Each employer of an alien 
granted blue card status shall annually provide— 
(A) a written record of employment to the 
alien; and 
(B) a copy of such record to the Secretary 
of Agriculture. 
(2) CIVIL PENALTIES.— 
(A) IN GENERAL.—If the Secretary finds, 
after notice and an opportunity for a hearing, 
that an employer of an alien granted blue card 
status has knowingly failed to provide the 
record of employment required under paragraph 
(1) or has provided a false statement of mate-
rial fact in such a record, the employer shall be 
subject to a civil penalty in an amount not to 
exceed $500 per violation. 
(B) LIMITATION.—The penalty under sub-
paragraph (A) for failure to provide employ-
ment records shall not apply unless the alien 
has provided the employer with evidence of em-
ployment authorization provided under sub-
section (c). 
(C) DEPOSIT OF CIVIL PENALTIES.—Civil 
penalties collected under this paragraph shall be 
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254 
deposited in the Comprehensive Immigration 
Reform Trust Fund established under section 
9(a)(1). 
(3) TERMINATION OF OBLIGATION.—The obli-
gation under paragraph (1) shall terminate on the 
date that is 8 years after the date of the enactment 
of this Act. 
(4) EMPLOYER PROTECTIONS.— 
(A) USE
OF
EMPLOYMENT
RECORDS.— 
Copies of employment records or other evidence 
of employment provided by an alien or by an 
alien’s employer in support of an alien’s appli-
cation for blue card status may not be used in 
a civil or criminal prosecution or investigation 
of that employer under section 274A of the Im-
migration and Nationality Act (8 U.S.C. 
1324a) or the Internal Revenue Code of 1986 
for the prior unlawful employment of that alien 
regardless of the adjudication of such applica-
tion or reconsideration by the Secretary of such 
alien’s prima facie eligibility determination. 
Employers that provide unauthorized aliens 
with copies of employment records or other evi-
dence of employment pursuant to an application 
for blue card status shall not be subject to civil 
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255 
and criminal liability pursuant to such section 
274A for employing such unauthorized aliens. 
(B) LIMIT ON APPLICABILITY.—The pro-
tections for employers and aliens under sub-
paragraph (A) shall not apply if the aliens or 
employers submit employment records that are 
deemed to be fraudulent. 
(e) RULEMAKING.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary, in con-
sultation with the Secretary of Agriculture, shall issue 
final regulations to implement this chapter. 
SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STA-
TUS. 
(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.) is amended by inserting after section 245E, 
as added by section 2104 of this Act, the following: 
‘‘SEC. 245F. ADJUSTMENT TO PERMANENT RESIDENT STA-
TUS FOR AGRICULTURAL WORKERS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), and not earlier than 5 years after the date of the en-
actment of the Border Security, Economic Opportunity, 
and Immigration Modernization Act, the Secretary shall 
adjust the status of an alien granted blue card status to 
that of an alien lawfully admitted for permanent residence 
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256 
if the Secretary determines that the following require-
ments are satisfied: 
‘‘(1) QUALIFYING
EMPLOYMENT.—Except as 
provided in paragraph (3), the alien— 
‘‘(A) during the 8-year period beginning on 
the date of the enactment of the Border Secu-
rity, Economic Opportunity, and Immigration 
Modernization Act, performed not less than 100 
work days of agricultural employment during 
each of 5 years; or 
‘‘(B) during the 5-year period beginning on 
such date of enactment, performed not less 
than 150 work days of agricultural employment 
during each of 3 years. 
‘‘(2) EVIDENCE.—An alien may demonstrate 
compliance with the requirement under paragraph 
(1) by submitting— 
‘‘(A) the record of employment described 
in section 2211(d) of the Border Security, Eco-
nomic Opportunity, and Immigration Mod-
ernization Act; 
‘‘(B) documentation that may be submitted 
under subsection (e)(4); or 
‘‘(C) any other documentation designated 
by the Secretary for such purpose. 
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257 
‘‘(3) EXTRAORDINARY CIRCUMSTANCES.— 
‘‘(A) IN GENERAL.—In determining wheth-
er an alien has met the requirement under 
paragraph (1), the Secretary may credit the 
alien with not more than 12 additional months 
of agricultural employment in the United States 
to meet such requirement if the alien was un-
able to work in agricultural employment due 
to— 
‘‘(i) pregnancy, disabling injury, or 
disease that the alien can establish through 
medical records; 
‘‘(ii) illness, disease, or other special 
needs of a child that the alien can establish 
through medical records; 
‘‘(iii) severe weather conditions that 
prevented the alien from engaging in agri-
cultural employment for a significant pe-
riod of time; or 
‘‘(iv) termination from agricultural 
employment, if the Secretary determines 
that— 
‘‘(I) the termination was without 
just cause; and 
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258 
‘‘(II) the alien was unable to find 
alternative agricultural employment 
after a reasonable job search. 
‘‘(B) EFFECT OF DETERMINATION.—A de-
termination under subparagraph (A)(iv), with 
respect to an alien, shall not be conclusive, 
binding, or admissible in a separate or subse-
quent judicial or administrative action or pro-
ceeding between the alien and a current or 
prior employer of the alien or any other party. 
‘‘(4) APPLICATION PERIOD.—The alien applies 
for adjustment of status before the alien’s blue card 
status expires. 
‘‘(5) FINE.—The alien pays a fine of $400 to 
the Secretary, which shall be deposited into the 
Comprehensive Immigration Reform Trust Fund es-
tablished under section 9(a)(1) of the Border Secu-
rity, Economic Opportunity, and Immigration Mod-
ernization Act. 
‘‘(b) GROUNDS FOR DENIAL OF ADJUSTMENT OF 
STATUS.— 
‘‘(1) IN GENERAL.—The Secretary may not ad-
just the status of an alien granted blue card status 
if the alien— 
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259 
‘‘(A) is no longer eligible for blue card sta-
tus; or 
‘‘(B) failed to perform the qualifying em-
ployment requirement under subsection (a)(1), 
considering any amount credited by the Sec-
retary under subsection (a)(3). 
‘‘(2) MAINTENANCE OF WAIVERS OF INADMIS-
SIBILITY.—The grounds of inadmissibility set forth 
in section 212(a) that were previously waived for the 
alien or made inapplicable shall not apply for pur-
poses of the alien’s adjustment of status under this 
section. 
‘‘(3) PENDING REVOCATION PROCEEDINGS.—If 
the Secretary has notified the applicant that the 
Secretary intends to revoke the applicant’s blue card 
status, the Secretary may not approve an application 
for adjustment of status under this section unless 
the Secretary makes a final determination not to re-
voke the applicant’s status. 
‘‘(4) PAYMENT OF TAXES.— 
‘‘(A) IN GENERAL.—An applicant may not 
file an application for adjustment of status 
under this section unless the applicant has sat-
isfied any applicable Federal tax liability. 
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260 
‘‘(B) DEFINITION
OF
APPLICABLE
FED-
ERAL TAX LIABILITY.—In this paragraph, the 
term ‘applicable federal tax liability’ means all 
Federal income taxes assessed in accordance 
with section 6203 of the Internal Revenue Code 
of 1986 since the date on which the applicant 
was authorized to work in the United States in 
blue card status. 
‘‘(C) COMPLIANCE.—The applicant may 
demonstrate compliance with subparagraph (A) 
by submitting such documentation as the Sec-
retary, in consultation with the Secretary of the 
Treasury, may require by regulation. 
‘‘(c) SPOUSES
AND CHILDREN.—Notwithstanding 
any other provision of law, the Secretary shall grant per-
manent resident status to the spouse or child of an alien 
whose status was adjusted under subsection (a) if— 
‘‘(1) the spouse or child (including any indi-
vidual who was a child on the date such alien was 
granted blue card status) applies for such status; 
‘‘(2) the principal alien includes the spouse and 
children in an application for adjustment of status 
to that of a lawful permanent resident; and 
‘‘(3) the spouse or child is not ineligible for 
such status under section 245B. 
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261 
‘‘(d) NUMERICAL LIMITATIONS DO NOT APPLY.— 
The numerical limitations under sections 201 and 202 
shall not apply to the adjustment of aliens to lawful per-
manent resident status under this section. 
‘‘(e) SUBMISSION OF APPLICATIONS.— 
‘‘(1) INTERVIEW.—The Secretary may interview 
applicants for adjustment of status under this sec-
tion to determine whether they meet the eligibility 
requirements set forth in this section. 
‘‘(2) FEES.— 
‘‘(A) IN GENERAL.—Applicants for adjust-
ment of status under this section shall pay a 
processing fee to the Secretary in an amount 
that will ensure the recovery of the full costs of 
adjudicating such applications, including— 
‘‘(i) the cost of taking and processing 
biometrics; 
‘‘(ii) expenses relating to prevention 
and investigation of fraud; and 
‘‘(iii) costs relating to the administra-
tion of the fees collected. 
‘‘(B) AUTHORITY
TO
LIMIT
FEES.—The 
Secretary, by regulation— 
‘‘(i) may limit the maximum proc-
essing fee payable under this paragraph by 
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262 
a family, including spouses and unmarried 
children younger than 21 years of age; and 
‘‘(ii) may exempt individuals described 
in section 245B(c)(10) and other defined 
classes of individuals from the payment of 
the fee under subparagraph (A). 
‘‘(3) DISPOSITION OF FEES.—All fees collected 
under paragraph (2)(A)— 
‘‘(A) shall be deposited into the Immigra-
tion Examinations Fee Account pursuant to 
section 286(m); and 
‘‘(B) shall remain available until expended 
pursuant to section 286(n). 
‘‘(4) DOCUMENTATION OF WORK HISTORY.— 
‘‘(A) BURDEN OF PROOF.—An alien apply-
ing for blue card status under section 2211 of 
the Border Security, Economic Opportunity, 
and Immigration Modernization Act or for ad-
justment of status under subsection (a) shall 
provide evidence that the alien has worked the 
requisite number of hours or days required 
under subsection (a)(1) of such section 2211 or 
subsection (a)(3) of this section, as applicable. 
‘‘(B) TIMELY PRODUCTION OF RECORDS.— 
If an employer or farm labor contractor employ-
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263 
ing such an alien has kept proper and adequate 
records respecting such employment, the alien’s 
burden of proof under subparagraph (A) may 
be met by securing timely production of those 
records under regulations to be promulgated by 
the Secretary. 
‘‘(C) SUFFICIENT
EVIDENCE.—An alien 
may meet the burden of proof under subpara-
graph (A) to establish that the alien has per-
formed the days or hours of work referred to in 
subparagraph (A) by producing sufficient evi-
dence to show the extent of that employment as 
a matter of just and reasonable inference. 
‘‘(f) PENALTIES FOR FALSE STATEMENTS IN APPLI-
CATIONS.— 
‘‘(1) CRIMINAL PENALTY.—Any person who— 
‘‘(A) files an application for blue card sta-
tus under section 2211 of the Border Security, 
Economic Opportunity, and Immigration Mod-
ernization Act or an adjustment of status under 
this section and knowingly and willfully fal-
sifies, conceals, or covers up a material fact or 
makes any false, fictitious, or fraudulent state-
ments or representations, or makes or uses any 
false writing or document knowing the same to 
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264 
contain any false, fictitious, or fraudulent state-
ment or entry; or 
‘‘(B) creates or supplies a false writing or 
document for use in making such an applica-
tion, 
shall be fined in accordance with title 18, United 
States Code, imprisoned not more than 5 years, or 
both. 
‘‘(2) INADMISSIBILITY.—An alien who is con-
victed of a crime under paragraph (1) shall be 
deemed inadmissible to the United States on the 
ground described in section 212(a)(6)(C)(i). 
‘‘(3) DEPOSIT.—Fines collected under para-
graph (1) shall be deposited into the Comprehensive 
Immigration Reform Trust Fund established under 
section 9(a)(1) of the Border Security, Economic 
Opportunity, and Immigration Modernization Act. 
‘‘(g) ELIGIBILITY FOR LEGAL SERVICES.—Section 
504(a)(11) of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations 
Act, 1996 (Public Law 104–134; 110 Stat. 1321–55) may 
not be construed to prevent a recipient of funds under the 
Legal Services Corporation Act (42 U.S.C. 2996 et seq.) 
from providing legal assistance directly related to an appli-
cation for blue card status under section 2211 of the Bor-
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265 
der Security, Economic Opportunity, and Immigration 
Modernization Act, to an individual who has been granted 
blue card status, or for an application for an adjustment 
of status under this section. 
‘‘(h) ADMINISTRATIVE
AND JUDICIAL REVIEW.— 
Aliens applying for blue card status under section 2211 
of the Border Security, Economic Opportunity, and Immi-
gration Modernization Act or adjustment to permanent 
resident status under this section shall be entitled to the 
rights and subject to the conditions applicable to other 
classes of aliens under sections 242(h) and 245E. 
‘‘(i) APPLICABILITY OF OTHER PROVISIONS.—The 
provisions set forth in section 245E which are applicable 
to aliens described in section 245B, 245C, and 245D shall 
apply to aliens applying for blue card status under section 
2211 of the Border Security, Economic Opportunity, and 
Immigration Modernization Act or adjustment to perma-
nent resident status under this section. 
‘‘(j) LIMITATION ON BLUE CARD STATUS.—An alien 
granted blue card status under section 2211 of the Border 
Security, Economic Opportunity, and Immigration Mod-
ernization Act may only adjust status to an alien lawfully 
admitted for permanent residence under this section, sec-
tion 245C of this Act, or section 2302 of the Border Secu-
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266 
rity, Economic Opportunity, and Immigration Moderniza-
tion Act. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) BLUE CARD STATUS.—The term ‘blue card 
status’ means the status of an alien who has been 
lawfully admitted into the United States for tem-
porary residence under section 2211 of the Border 
Security, Economic Opportunity, and Immigration 
Modernization Act. 
‘‘(2) AGRICULTURAL EMPLOYMENT.—The term 
‘agricultural employment’ has the meaning given 
such term in section 3 of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 
1802), without regard to whether the specific service 
or activity is temporary or seasonal. 
‘‘(3) EMPLOYER.—The term ‘employer’ means 
any person or entity, including any farm labor con-
tractor and any agricultural association, that em-
ploys workers in agricultural employment. 
‘‘(4) WORK DAY.—The term ‘work day’ means 
any day in which the individual is employed 5.75 or 
more hours in agricultural employment.’’. 
(b) CONFORMING AMENDMENT.—Section 201(b)(1) 
(8 U.S.C. 1151(b)(1), as amended by section 2103(c), is 
further amended by adding at the end the following: 
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267 
‘‘(G) Aliens granted lawful permanent resi-
dent status under section 245F.’’. 
(c) CLERICAL AMENDMENT.—The table of contents, 
as amended by section 2104(e), is further amended by in-
serting after the item relating to section 245E the fol-
lowing: 
‘‘Sec. 245F. Adjustment to permanent resident status for agricultural work-
ers.’’. 
SEC. 2213. USE OF INFORMATION. 
Beginning not later than the first day of the applica-
tion period described in section 2211(b)(3), the Secretary, 
in cooperation with qualified designated entities, shall 
broadly disseminate information respecting the benefits 
that aliens may receive under this subchapter and the re-
quirements that an alien is required to meet to receive 
such benefits. 
SEC. 2214. REPORTS ON BLUE CARDS. 
Not later than September 30, 2013, and annually 
thereafter for the next 8 years, the Secretary shall submit 
a report to Congress that identifies, for the previous fiscal 
year— 
(1) the number of aliens who applied for blue 
card status; 
(2) the number of aliens who were granted blue 
card status; 
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(3) the number of aliens who applied for an ad-
justment of status pursuant to section 245F(a) of 
the Immigration and Nationality Act, as added by 
section 2212; and 
(4) the number of aliens who received an ad-
justment of status pursuant such section 245F(a). 
SEC. 2215. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary such sums as may be necessary to implement this 
subchapter, including any sums needed for costs associ-
ated with the initiation of such implementation, for fiscal 
years 2013 and 2014. 
Subchapter B—Correction of Social Security 
Records 
SEC. 2221. CORRECTION OF SOCIAL SECURITY RECORDS. 
(a) IN GENERAL.—Section 208(e)(1) of the Social 
Security Act (42 U.S.C. 408(e)(1)) is amended— 
(1) in subparagraph (B)(ii), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by inserting ‘‘or’’ at 
the end; 
(3) by inserting after subparagraph (C) the fol-
lowing: 
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269 
‘‘(D) who is granted blue card status 
under the Agricultural Worker Program Act of 
2013,’’; and 
(4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 
in the case of an alien described in subparagraph 
(D), if such conduct is alleged to have occurred be-
fore the date on which the alien was granted blue 
card status under section 2211(a) of the Agricul-
tural Worker Program Act of 2013.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the first day of the sev-
enth month that begins after the date of the enactment 
of this Act. 
CHAPTER 2—NONIMMIGRANT 
AGRICULTURAL VISA PROGRAM 
SEC. 2231. NONIMMIGRANT CLASSIFICATION FOR NON-
IMMIGRANT AGRICULTURAL WORKERS. 
Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend-
ed by adding at the end the following: 
‘‘(W) an alien having a residence in a for-
eign country who is coming to the United 
States for a temporary period— 
‘‘(iii)(I) to perform services or labor in 
agricultural employment and who has a 
written contract that specifies the wages, 
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270 
benefits, and working conditions of such 
full-time employment in an agricultural oc-
cupation with a designated agricultural 
employer for a specified period of time; 
and 
‘‘(II) who meets the requirements 
under section 218A for a nonimmigrant 
visa described in this clause; or 
‘‘(iv)(I) to perform services or labor in 
agricultural employment and who has an 
offer of full-time employment in an agricul-
tural occupation from a designated agricul-
tural employer for such employment and is 
not described in clause (i); and 
‘‘(II) who meets the requirements 
under section 218A for a nonimmigrant 
visa described in this clause.’’. 
SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICUL-
TURAL WORKER PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title II (8 U.S.C. 
1181 et seq.) is amended by inserting after section 218 
the following: 
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271 
‘‘SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PRO-
GRAM. 
‘‘(a) DEFINITIONS.—In this section and in clauses 
(iii) and (iv) of section 101(a)(15)(W): 
‘‘(1) AGRICULTURAL EMPLOYMENT.—The term 
‘agricultural employment’ has the meaning given 
such term in section 3 of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 
1802), without regard to whether the specific service 
or activity is temporary or seasonal. 
‘‘(2) AT-WILL
AGRICULTURAL
WORKER.—The 
term ‘at-will agricultural worker’ means an alien 
present in the United States pursuant to section 
101(a)(15)(W)(iv). 
‘‘(3) BLUE CARD.—The term ‘blue card’ means 
an employment authorization and travel document 
issued to an alien granted blue card status under 
section 2211(a) of the Agricultural Worker Program 
Act of 2013. 
‘‘(4) CONTRACT AGRICULTURAL WORKER.—The 
term ‘contract agricultural worker’ means an alien 
present in the United States pursuant to section 
101(a)(15)(W)(iii). 
‘‘(5) 
DESIGNATED
AGRICULTURAL
EM-
PLOYER.—The term ‘designated agricultural em-
ployer’ means an employer who is registered with 
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272 
the Secretary of Agriculture pursuant to subsection 
(e)(1). 
‘‘(6) ELECTRONIC
JOB
REGISTRY.—The term 
‘Electronic Job Registry’ means the Electronic Job 
Registry of a State workforce agency (or similar suc-
cessor registry). 
‘‘(7) EMPLOYER.—Except as otherwise pro-
vided, the term ‘employer’ means any person or enti-
ty, including any farm labor contractor and any ag-
ricultural association, that employs workers in agri-
cultural employment. 
‘‘(8) NONIMMIGRANT
AGRICULTURAL
WORK-
ER.—The term ‘nonimmigrant agricultural worker’ 
mean a nonimmigrant described in clause (iii) or (iv) 
of section 101(a)(15)(W). 
‘‘(9) PROGRAM.—The term ‘Program’ means 
the Nonimmigrant Agricultural Worker Program es-
tablished under subsection (b). 
‘‘(10) SECRETARY.—Except as otherwise spe-
cifically provided, the term ‘Secretary’ means the 
Secretary of Agriculture. 
‘‘(11) UNITED
STATES
WORKER.—The term 
‘United States worker’ means an individual who— 
‘‘(A) is a national of the United States; or 
‘‘(B) is an alien who— 
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273 
‘‘(i) is lawfully admitted for perma-
nent residence; 
‘‘(ii) is admitted as a refugee under 
section 207; 
‘‘(iii) is granted asylum under section 
208; 
‘‘(iv) holds a blue card; or 
‘‘(v) is an immigrant otherwise au-
thorized by this Act or by the Secretary of 
Homeland Security to be employed in the 
United States. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) EMPLOYER.—An employer may not employ 
an alien for agricultural employment under the Pro-
gram unless such employer is a designated agricul-
tural employer and complies with the terms of this 
section. 
‘‘(2) WORKER.—An alien may not be employed 
for agricultural employment under the Program un-
less such alien is a nonimmigrant agricultural work-
er and complies with the terms of this section. 
‘‘(c) NUMERICAL LIMITATION.— 
‘‘(1) FIRST 5 YEARS OF PROGRAM.— 
‘‘(A) IN GENERAL.—Subject to paragraph 
(2), the worldwide level of visas for non-
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274 
immigrant agricultural workers for the fiscal 
year during which the first visa is issued to a 
nonimmigrant agricultural worker and for each 
of the following 4 fiscal years shall be equal 
to— 
‘‘(i) 112,333; and 
‘‘(ii) the numerical adjustment made 
by the Secretary for such fiscal year in ac-
cordance with paragraph (2). 
‘‘(B) QUARTERLY ALLOCATION.—The an-
nual allocation of visas described in subpara-
graph (A) shall be evenly allocated between the 
4 quarters of the fiscal year unless the Sec-
retary determines that an alternative allocation 
would better accommodate the seasonal demand 
for visas. Any unused visas in a quarter shall 
be added to the allocation for the subsequent 
quarter of the same fiscal year. 
‘‘(C) EFFECT
OF
2ND
OR
SUBSEQUENT 
DESIGNATED
AGRICULTURAL
EMPLOYER.—A 
nonimmigrant agricultural worker who has a 
valid visa issued under this section that counted 
against the allocation described in subpara-
graph (A) shall not be recounted against the al-
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location if the worker is petitioned for by a sub-
sequent designated agricultural employer. 
‘‘(2) ANNUAL
ADJUSTMENTS
FOR
FIRST
YEARS OF PROGRAM.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Secretary of Labor, and after 
reviewing relevant evidence submitted by agri-
cultural producers and organizations rep-
resenting agricultural workers, may increase or 
decrease, as appropriate, the worldwide level of 
visas under paragraph (1) for each of the 5 fis-
cal years referred to in paragraph (1) after con-
sidering appropriate factors, including— 
‘‘(i) a demonstrated shortage of agri-
cultural workers; 
‘‘(ii) the level of unemployment and 
underemployment of agricultural workers 
during the preceding fiscal year; 
‘‘(iii) the number of applications for 
blue card status; 
‘‘(iv) the number of blue card visa ap-
plications approved; 
‘‘(v) the number of nonimmigrant ag-
ricultural workers sought by employers 
during the preceding fiscal year; 
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276 
‘‘(vi) the estimated number of United 
States workers, including blue card work-
ers, who worked in agriculture during the 
preceding fiscal year; 
‘‘(vii) the number of nonimmigrant 
agricultural workers issued a visa in the 
most recent fiscal year who remain in the 
United States in compliance with the terms 
of such visa; 
‘‘(viii) the number of United States 
workers who accepted jobs offered by em-
ployers using the Electronic Job Registry 
during the preceding fiscal year; 
‘‘(ix) any growth or contraction of the 
United States agricultural industry that 
has increased or decreased the demand for 
agricultural workers; and 
‘‘(x) any changes in the real wages 
paid to agricultural workers in the United 
States as an indication of a shortage or 
surplus of agricultural labor. 
‘‘(B) NOTIFICATION; IMPLEMENTATION.— 
The Secretary shall notify the Secretary of 
Homeland Security of any change to the world-
wide level of visas for nonimmigrant agricul-
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277 
tural workers. The Secretary of Homeland Se-
curity shall implement such changes. 
‘‘(C) 
EMERGENCY
PROCEDURES.—The 
Secretary shall establish, by regulation, proce-
dures for immediately adjusting an annual allo-
cation under paragraph (1) for labor shortages, 
as determined by the Secretary. The Secretary 
shall make a decision on a petition for an ad-
justment of status not later than 30 days after 
receiving such petition. 
‘‘(3) SIXTH AND SUBSEQUENT YEARS OF PRO-
GRAM.—The Secretary, in consultation with the Sec-
retary of Labor, shall establish the worldwide level 
of visas for nonimmigrant agricultural workers for 
each fiscal year following the fiscal years referred to 
in paragraph (1) after considering appropriate fac-
tors, including— 
‘‘(A) a demonstrated shortage of agricul-
tural workers; 
‘‘(B) the level of unemployment and under-
employment of agricultural workers during the 
preceding fiscal year; 
‘‘(C) the number of applications for blue 
card status; 
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278 
‘‘(D) the number of blue card visa applica-
tions approved; 
‘‘(E) the number of nonimmigrant agricul-
tural workers sought by employers during the 
preceding fiscal year; 
‘‘(F) the estimated number of United 
States workers, including blue card workers, 
who worked in agriculture during the preceding 
fiscal year; 
‘‘(G) the number of nonimmigrant agricul-
tural workers issued a visa in the most recent 
fiscal year who remain in the United States in 
compliance with the terms of such visa; 
‘‘(H) the number of United States workers 
who accepted jobs offered by employers using 
the Electronic Job Registry during the pre-
ceding fiscal year; 
‘‘(I) any growth or contraction of the 
United States agricultural industry that has in-
creased or decreased the demand for agricul-
tural workers; and 
‘‘(J) any changes in the real wages paid to 
agricultural workers in the United States as an 
indication of a shortage or surplus of agricul-
tural labor. 
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279 
‘‘(4) EMERGENCY
PROCEDURES.—The Sec-
retary shall establish, by regulation, procedures for 
immediately adjusting an annual allocation under 
paragraph (3) for labor shortages, as determined by 
the Secretary. The Secretary shall make a decision 
on a petition for an adjustment of status not later 
than 30 days after receiving such petition 
‘‘(d) REQUIREMENTS FOR NONIMMIGRANT AGRICUL-
TURAL WORKERS.— 
‘‘(1) ELIGIBILITY
FOR
NONIMMIGRANT
AGRI-
CULTURAL WORKER STATUS.— 
‘‘(A) IN GENERAL.—An alien is not eligible 
to be admitted to the United States as a non-
immigrant agricultural worker if the alien— 
‘‘(i) violated a material term or condi-
tion of a previous admission as a non-
immigrant agricultural worker during the 
most recent 3-year period (other than a 
contract agricultural worker who volun-
tarily abandons his or her employment be-
fore the end of the contract period or 
whose employment is terminated by the 
employer for cause); 
‘‘(ii) has not obtained successful clear-
ance of any security and criminal back-
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280 
ground checks required by the Secretary of 
Homeland Security or any other examina-
tion required under this Act; or 
‘‘(iii)(I) departed from the United 
States while subject to an order of exclu-
sion, deportation, or removal, or pursuant 
to an order of voluntary departure; and 
‘‘(II)(aa) is outside of the United 
States; or 
‘‘(bb) has reentered the United States 
illegally after December 31, 2012, without 
receiving consent to the alien’s reapplica-
tion for admission under section 212(a)(9). 
‘‘(B) WAIVER.—The Secretary of Home-
land Security may waive the application of sub-
paragraph (A)(iii) on behalf of an alien if the 
alien— 
‘‘(i) is the spouse or child of a United 
States citizen or lawful permanent resi-
dent; 
‘‘(ii) is the parent of a child who is a 
United States citizen or lawful permanent 
resident; 
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281 
‘‘(iii) meets the requirements set forth 
in 
clause 
(ii) 
or 
(iii) 
of 
section 
245D(b)(1)(A); or 
‘‘(iv)(I) meets the requirements set 
forth in section 245D(b)(1)(A)(ii); 
‘‘(II) is 16 years or older on the date 
on which the alien applies for non-
immigrant agricultural status; and 
‘‘(III) was physically present in the 
United States for an aggregate period of 
not less than 3 years during the 6-year pe-
riod immediately preceding the date of the 
enactment of this section. 
‘‘(2) TERM OF STAY FOR NONIMMIGRANT AGRI-
CULTURAL WORKERS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) INITIAL
ADMISSION.—A non-
immigrant agricultural worker may be ad-
mitted into the United States in such sta-
tus for an initial period of 3 years. 
‘‘(ii) RENEWAL.—A nonimmigrant ag-
ricultural worker may renew such worker’s 
period of admission in the United States 
for 1 additional 3-year period. 
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‘‘(B) BREAK
IN
PRESENCE.—A non-
immigrant agricultural worker who has been 
admitted to the United States for 2 consecutive 
periods under subparagraph (A) is ineligible to 
renew the alien’s nonimmigrant agricultural 
worker status until such alien— 
‘‘(i) returns to a residence outside the 
United States for a period of not less than 
3 months; and 
‘‘(ii) seeks to reenter the United 
States under the terms of the Program as 
a nonimmigrant agricultural worker. 
‘‘(3) LOSS OF STATUS.— 
‘‘(A) IN GENERAL.—An alien admitted as 
a nonimmigrant agricultural worker shall be in-
eligible for such status and shall be required to 
depart the United States if such alien— 
‘‘(i) after the completion of his or her 
contract with a designated agricultural em-
ployer, is not employed in agricultural em-
ployment by a designated agricultural em-
ployer; or 
‘‘(ii) is an at-will agricultural worker 
and is not continuously employed by a des-
ignated agricultural employer in agricul-
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tural employment as an at-will agricultural 
worker. 
‘‘(B) EXCEPTION.—Subject to subpara-
graph (C), a nonimmigrant agricultural worker 
has not violated subparagraph (A) if the non-
immigrant agricultural worker is not employed 
in agricultural employment for a period not to 
exceed 60 days. 
‘‘(C) WAIVER.—Notwithstanding subpara-
graph (B), the Secretary of Homeland Security 
may waive the application of clause (i) or (ii) of 
subparagraph (A) for a nonimmigrant agricul-
tural worker who was not employed in agricul-
tural employment for a period of more than 60 
days if such period of unemployment was due 
to— 
‘‘(i) the injury of such worker; or 
‘‘(ii) a natural disaster declared by 
the Secretary. 
‘‘(D) TOLLING OF EMPLOYMENT REQUIRE-
MENT.—A nonimmigrant agricultural worker 
may leave the United States for up to 60 days 
in any fiscal year while in such status. During 
the period in which the worker is outside of the 
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284 
United States, the 60-day limit specified in sub-
paragraph (B) shall be tolled. 
‘‘(4) PORTABILITY OF STATUS.— 
‘‘(A) CONTRACT
AGRICULTURAL
WORK-
ERS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), an alien who entered 
the United States as a contract agricul-
tural worker may— 
‘‘(I) seek employment as a non-
immigrant agricultural worker with a 
designated agricultural employer other 
than the designated agricultural em-
ployer with whom the employee had a 
contract 
described 
in 
section 
101(a)(15)(W)(iii)(I); and 
‘‘(II) accept employment with 
such new employer after the date the 
contract agricultural worker completes 
such contract. 
‘‘(ii) 
VOLUNTARY
ABANDONMENT; 
TERMINATION FOR CAUSE.—A contract ag-
ricultural worker who voluntarily abandons 
his or her employment before the end of 
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285 
the contract period or whose employment 
is terminated for cause by the employer— 
‘‘(I) may not accept subsequent 
employment with another designated 
agricultural employer without first de-
parting the United States and reen-
tering pursuant to a new offer of em-
ployment; and 
‘‘(II) is not entitled to the 75 
percent payment guarantee described 
in subsection (e)(4)(B). 
‘‘(iii) 
TERMINATION
BY
MUTUAL 
AGREEMENT.—The termination of an em-
ployment contract by mutual agreement of 
the designated agricultural employer and 
the contract agricultural worker shall not 
be considered voluntary abandonment for 
purposes of clause (ii). 
‘‘(B) 
AT-WILL
AGRICULTURAL
WORK-
ERS.—An alien who entered the United States 
as an at-will agricultural worker may seek em-
ployment as an at-will agricultural worker with 
any other designated agricultural employer re-
ferred to in section 101(a)(15)(W)(iv)(I). 
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286 
‘‘(5) PROHIBITION
ON
GEOGRAPHIC
LIMITA-
TION.—A nonimmigrant visa issued to a non-
immigrant agricultural worker— 
‘‘(A) shall not limit the geographical area 
within which such worker may be employed; 
‘‘(B) shall not limit the type of agricultural 
employment such worker may perform; and 
‘‘(C) shall restrict such worker to employ-
ment with designated agricultural employers. 
‘‘(6) TREATMENT
OF
SPOUSES
AND
CHIL-
DREN.—A spouse or child of a nonimmigrant agri-
cultural worker— 
‘‘(A) shall not be entitled to a visa or any 
immigration status by virtue of the relationship 
of such spouse or child to such worker; and 
‘‘(B) may be provided status as a non-
immigrant agricultural worker if the spouse or 
child is independently qualified for such status. 
‘‘(e) EMPLOYER REQUIREMENTS.— 
‘‘(1) DESIGNATED
AGRICULTURAL
EMPLOYER 
STATUS.— 
‘‘(A) 
REGISTRATION
REQUIREMENT.— 
Each employer seeking to employ nonimmigrant 
agricultural workers shall register for des-
ignated agricultural employer status by submit-
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ting to the Secretary, through the Farm Service 
Agency in the geographic area of the employer 
or electronically to the Secretary, a registration 
that includes— 
‘‘(i) the employer’s employer identi-
fication number; and 
‘‘(ii) a registration fee, in an amount 
determined by the Secretary, which shall 
be used for the costs of administering the 
program. 
‘‘(B) 
CRITERIA.—The 
Secretary 
shall 
grant designated agricultural employer status to 
an employer who submits a registration for 
such status that includes— 
‘‘(i) documentation that the employer 
is engaged in agriculture; 
‘‘(ii) the estimated number of non-
immigrant agricultural workers the em-
ployer will need each year; 
‘‘(iii) the anticipated periods during 
which the employer will need such workers; 
and 
‘‘(iv) documentation establishing need 
for a specified agricultural occupation or 
occupations. 
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288 
‘‘(C) DESIGNATION.— 
‘‘(i) REGISTRATION
NUMBER.—The 
Secretary shall assign each employer that 
meets the criteria established pursuant to 
subparagraph (B) with a designated agri-
cultural employer registration number. 
‘‘(ii) TERM OF DESIGNATION.—Each 
employer granted designated agricultural 
employer status under this paragraph shall 
retain such status for a term of 3 years. 
At the end of such 3-year term, the em-
ployer may renew the registration for an-
other 3-year term if the employer meets 
the requirements set forth in subpara-
graphs (A) and (B). 
‘‘(D) ASSISTANCE.—In carrying out the 
functions described in this subsection, the Sec-
retary may work through the Farm Service 
Agency, or any other agency in the Department 
of Agriculture— 
‘‘(i) to assist agricultural employers 
with the registration process under this 
paragraph by providing such employers 
with— 
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289 
‘‘(I) technical assistance and ex-
pertise; 
‘‘(II) Internet access for submit-
ting such applications; and 
‘‘(III) a nonelectronic means for 
submitting such registrations; and 
‘‘(ii) to provide resources about the 
Program, including best practices and 
compliance related assistance and re-
sources or training to assist in retention of 
such workers to agricultural employers. 
‘‘(E) DEPOSIT OF REGISTRATION FEE.— 
Fees 
collected 
pursuant 
to 
subparagraph 
(A)(ii)— 
‘‘(i) shall be deposited into the Immi-
gration Examinations Fee Account pursu-
ant to section 286(m); and 
‘‘(ii) shall remain available until ex-
pended pursuant to section 286(n). 
‘‘(2) NONIMMIGRANT AGRICULTURAL WORKER 
PETITION PROCESS.— 
‘‘(A) IN
GENERAL.—Not later than 45 
days before the date on which nonimmigrant 
agricultural workers are needed, a designated 
agricultural employer seeking to employ such 
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290 
workers shall submit a petition to the Secretary 
of Homeland Security that includes the employ-
er’s designated agricultural employer registra-
tion number. 
‘‘(B) ATTESTATION.—An petition sub-
mitted under subparagraph (A) shall include an 
attestation of the following: 
‘‘(i) 
The 
number 
of 
named 
or 
unnamed nonimmigrant agricultural work-
ers the designated agricultural employer is 
seeking to employ during the applicable pe-
riod of employment. 
‘‘(ii) The total number of contract ag-
ricultural workers and of at-will agricul-
tural workers the employer will require for 
each occupational category. 
‘‘(iii) The anticipated period, includ-
ing expected beginning and ending dates, 
during which such employees will be need-
ed. 
‘‘(iv) Evidence of contracts or written 
disclosures of employment terms and con-
ditions in accordance with the Migrant and 
Seasonal Agricultural Worker Protection 
Act (29 U.S.C. 1801 et seq.), which have 
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291 
been disclosed or provided to the non-
immigrant agricultural workers, or a sam-
ple of such contract or disclosure for 
unnamed workers. 
‘‘(v) The information submitted to the 
State workforce agency pursuant to para-
graph (3)(A)(i). 
‘‘(vi) The record of United States 
workers described in paragraph (3)(A)(iii) 
on the date of the request. 
‘‘(vii) Evidence of offers of employ-
ment made to United States workers as re-
quired under paragraph (3)(B). 
‘‘(viii) The employer will comply with 
the additional program requirements for 
designated 
agricultural 
employers 
de-
scribed in paragraph (4). 
‘‘(C) EMPLOYMENT AUTHORIZATION WHEN 
CHANGING
EMPLOYERS.—Nonimmigrant agri-
cultural workers in the United States who are 
identified in a petition submitted pursuant to 
subparagraph (A) and are in lawful status may 
commence employment with their designated 
agricultural employer after such employer has 
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292 
submitted such petition to the Secretary of 
Homeland Security. 
‘‘(D) REVIEW.—The Secretary of Home-
land Security shall review each petition sub-
mitted by designated agricultural employers 
under this paragraph for completeness or obvi-
ous inaccuracies. Unless the Secretary of 
Homeland Security determines that the petition 
is incomplete or obviously inaccurate, the Sec-
retary shall accept the petition. The Secretary 
shall establish a procedure for the processing of 
petitions filed under this subsection. Not later 
than 7 working days after the date of the filing, 
the Secretary, by electronic or other means as-
suring expedited delivery, shall submit a copy of 
notice of approval or denial of the petition to 
the petitioner and, in the case of approved peti-
tions, to the appropriate immigration officer at 
the port of entry or United States consulate, as 
appropriate, if the petitioner has indicated that 
the alien beneficiary or beneficiaries will apply 
for a visa or admission to the United States. 
‘‘(3) EMPLOYMENT OF UNITED STATES WORK-
ERS.— 
‘‘(A) RECRUITMENT.— 
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293 
‘‘(i) FILING
A
JOB
OPPORTUNITY 
WITH
LOCAL
OFFICE
OF
STATE
WORK-
FORCE AGENCY.—Not later than 60 days 
before the date on which the employer de-
sires to employ a nonimmigrant agricul-
tural worker, the employer shall submit the 
job opportunity for such worker to the 
local office of the State workforce agency 
where the job site is located and authorize 
the posting of the job opportunity on the 
appropriate Department of Labor Elec-
tronic Job Registry for a period of 45 
days. 
‘‘(ii) 
CONSTRUCTION.—Nothing 
in 
clause (i) may be construed to cause a 
posting referred to in clause (i) to be treat-
ed as an interstate job order under section 
653.500 of title 20, Code of Federal Regu-
lations (or similar successor regulation). 
‘‘(iii) RECORD
OF
UNITED
STATES 
WORKERS.—An employer shall keep a 
record of all eligible, able, willing, and 
qualified United States workers who apply 
for agricultural employment with the em-
ployer for the agricultural employment for 
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294 
which the nonimmigrant agricultural non-
immigrant workers are sought. 
‘‘(B) REQUIREMENT TO HIRE.— 
‘‘(i) UNITED STATES WORKERS.—An 
employer may not seek a nonimmigrant ag-
ricultural worker for agricultural employ-
ment unless the employer offers such em-
ployment to any equally or better qualified 
United States worker who will be available 
at the time and place of need and who ap-
plies for such employment during the 45- 
day recruitment period referred to in sub-
paragraph (A)(i). 
‘‘(ii) 
EXCEPTION.—Notwithstanding 
clause (i), the employer may offer the job 
to a nonimmigrant agricultural worker in-
stead of an alien in blue card status if— 
‘‘(I) such worker was previously 
employed by the employer as an H– 
2A worker; 
‘‘(II) such worker worked for the 
employer for 3 years during the most 
recent 4-year period; and 
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295 
‘‘(III) the employer pays such 
worker the adverse effect wage rate 
calculated under subsection (f)(5)(B). 
‘‘(4) ADDITIONAL
PROGRAM
REQUIREMENTS 
FOR
DESIGNATED
AGRICULTURAL
EMPLOYERS.— 
Each designated agricultural employer shall comply 
with the following requirements: 
‘‘(A) NO
DISPLACEMENT
OF
UNITED 
STATES WORKERS.— 
‘‘(i) IN
GENERAL.—The employer 
shall not displace a United States worker 
employed by the employer, other than for 
good cause, during the period of employ-
ment of the nonimmigrant agricultural 
worker and for a period of 30 days pre-
ceding such period in the occupation and 
at the location of employment for which 
the 
employer 
seeks 
to 
employ 
non-
immigrant agricultural workers. 
‘‘(ii) LABOR DISPUTE.—The employer 
shall not employ a nonimmigrant agricul-
tural worker for a specific job for which 
the employer is requesting a nonimmigrant 
agricultural worker because the former oc-
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296 
cupant of the job is on strike or being 
locked out in the course of a labor dispute. 
‘‘(B) GUARANTEE
OF
EMPLOYMENT
FOR 
CONTRACT AGRICULTURAL WORKERS.— 
‘‘(i) OFFER TO CONTRACT WORKER.— 
The employer shall guarantee to offer con-
tract agricultural workers employment for 
the hourly equivalent of at least 75 percent 
of the work days of the total period of em-
ployment, beginning with the first work 
day after the arrival of the worker at the 
place of employment and ending on the ex-
piration date specified in the job offer. In 
this clause, the term ‘hourly equivalent’ 
means the number of hours in the work 
days as stated in the job offer and shall ex-
clude the worker’s Sabbath and Federal 
holidays. If the employer affords the con-
tract agricultural worker less employment 
than the number of hours required under 
this subparagraph, the employer shall pay 
such worker the amount the worker would 
have earned had the worker worked the 
guaranteed number of hours. 
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297 
‘‘(ii) FAILURE TO WORK.—Any hours 
which the worker fails to work, up to a 
maximum of the number of hours specified 
in the job offer for a work day, when the 
worker has been offered an opportunity to 
do so, and all hours of work actually per-
formed (including voluntary work in excess 
of the number of hours specified in the job 
offer in a work day, on the worker’s Sab-
bath, or on Federal holidays) may be 
counted by the employer in calculating 
whether the period of guaranteed employ-
ment has been met. 
‘‘(iii) CONTRACT
IMPOSSIBILITY.—If, 
before the expiration of the period of em-
ployment specified in the job offer, the 
services of a contract agricultural worker 
are no longer required for reasons beyond 
the control of the employer due to any 
form of natural disaster, including a flood, 
hurricane, 
freeze, 
earthquake, 
fire, 
drought, plant or animal disease or pest 
infestation, or regulatory drought, before 
the guarantee in clause (i) is fulfilled, the 
employer— 
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298 
‘‘(I) may terminate the worker’s 
employment; 
‘‘(II) shall fulfill the employment 
guarantee described in clause (i) for 
the work days that have elapsed from 
the first work day after the arrival of 
the worker to the termination of em-
ployment; 
‘‘(III) shall make efforts to 
transfer the worker to other com-
parable employment acceptable to the 
worker; and 
‘‘(IV) if such a transfer does not 
take place, shall provide the return 
transportation required under sub-
paragraph (J). 
‘‘(C) WORKERS’ COMPENSATION.— 
‘‘(i) REQUIREMENT TO PROVIDE.—If 
a job referred to in paragraph (3) is not 
covered by the State workers’ compensa-
tion law, the employer shall provide, at no 
cost to the nonimmigrant agricultural 
worker, insurance covering injury and dis-
ease arising out of, and in the course of, 
such job. 
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299 
‘‘(ii) BENEFITS.—The insurance re-
quired to be provided under clause (i) shall 
provide benefits at least equal to those pro-
vided under and pursuant to the State 
workers’ compensation law for comparable 
employment. 
‘‘(D) PROHIBITION
FOR
USE
FOR
NON-
AGRICULTURAL SERVICES.—The employer may 
not employ a nonimmigrant agricultural worker 
for employment other than agricultural employ-
ment. 
‘‘(E) WAGES.—The employer shall pay not 
less than the wage required under subsection 
(f). 
‘‘(F) DEDUCTION
OF
WAGES.—The em-
ployer shall make only deductions from a non-
immigrant agricultural worker’s wages that are 
authorized by law and are reasonable and cus-
tomary in the occupation and area of employ-
ment of such worker. 
‘‘(G) REQUIREMENT TO PROVIDE HOUSING 
OR A HOUSING ALLOWANCE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clauses (iv) and (v), a designated 
agricultural employer shall offer to provide 
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300 
a nonimmigrant agricultural worker with 
housing at no cost in accordance with 
clause (ii) or (iii). 
‘‘(ii) HOUSING.—An employer may 
provide housing to a nonimmigrant agricul-
tural worker that meets— 
‘‘(I) applicable Federal standards 
for temporary labor camps; or 
‘‘(II) applicable local standards 
(or, in the absence of applicable local 
standards, State standards) for rental 
or public accommodation housing or 
other substantially similar class of 
habitation. 
‘‘(iii) HOUSING PAYMENTS.— 
‘‘(I) PUBLIC
HOUSING.—If the 
employer arranges public housing for 
nonimmigrant 
agricultural 
workers 
through a State, county, or local gov-
ernment program and such public 
housing units normally require pay-
ments from tenants, such payments 
shall be made by the employer directly 
to the landlord. 
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301 
‘‘(II) DEPOSITS.—Deposits for 
bedding or other similar incidentals 
related to housing shall not be col-
lected from workers by employers who 
provide housing for such workers. 
‘‘(III) DAMAGES.—The employer 
may require any worker who is re-
sponsible for damage to housing that 
did not result from normal wear and 
tear related to habitation to reimburse 
the employer for the reasonable cost 
of repairing such damage. 
‘‘(iv) HOUSING
ALLOWANCE
ALTER-
NATIVE.— 
‘‘(I) IN GENERAL.—The employer 
may provide a reasonable housing al-
lowance instead of providing housing 
under clause (i). Upon the request of 
a worker seeking assistance in locat-
ing housing, the employer shall make 
a good faith effort to assist the work-
er in identifying and locating housing 
in the area of intended employment. 
An employer who offers a housing al-
lowance to a worker or assists a work-
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302 
er in locating housing, which the 
worker occupies, shall not be deemed 
a housing provider under section 203 
of the Migrant and Seasonal Agricul-
tural Worker Protection Act (29 
U.S.C. 1823) solely by virtue of pro-
viding such housing allowance. No 
housing allowance may be used for 
housing that is owned or controlled by 
the employer. 
‘‘(II) CERTIFICATION
REQUIRE-
MENT.—Contract agricultural workers 
may only be provided a housing allow-
ance if the Governor of the State in 
which the place of employment is lo-
cated certifies to the Secretary that 
there is adequate housing available in 
the area of intended employment for 
migrant farm workers and contract 
agricultural workers who are seeking 
temporary housing while employed in 
agricultural work. Such certification 
shall expire after 3 years unless re-
newed by the Governor of the State. 
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303 
‘‘(III) 
AMOUNT
OF
ALLOW-
ANCE.— 
‘‘(aa) 
NONMETROPOLITAN 
COUNTIES.—If the place of em-
ployment of the workers provided 
an allowance under this clause is 
a nonmetropolitan county, the 
amount of the housing allowance 
under this clause shall be equal 
to the average fair market rental 
for existing housing in nonmetro-
politan counties in the State in 
which the place of employment is 
located, as established by the 
Secretary of Housing and Urban 
Development pursuant to section 
8(c) of the United States Hous-
ing Act of 1937 (42 U.S.C. 
1437f(c)), based on a 2-bedroom 
dwelling unit and an assumption 
of 2 persons per bedroom. 
‘‘(bb) 
METROPOLITAN 
COUNTIES.—If the place of em-
ployment of the workers provided 
an allowance under this clause is 
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304 
a 
metropolitan 
county, 
the 
amount of the housing allowance 
under this clause shall be equal 
to the average fair market rental 
for existing housing in metropoli-
tan counties in the State in 
which the place of employment is 
located, as established by the 
Secretary of Housing and Urban 
Development pursuant to section 
8(c) of the United States Hous-
ing Act of 1937 (42 U.S.C. 
1437f(c)), based on a 2-bedroom 
dwelling unit and an assumption 
of 2 persons per bedroom. 
‘‘(v) EXCEPTION
FOR
COMMUTING 
WORKERS.—Nothing in this subparagraph 
may be construed to require an employer 
to provide housing or a housing allowance 
to workers who reside outside of the 
United States if their place of residence is 
within normal commuting distance and the 
job site is within 50 miles of an inter-
national land border of the United States. 
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