305 
‘‘(H) WORKSITE
TRANSPORTATION
FOR 
CONTRACT
WORKERS.—During the period a 
designated agricultural employer employs a con-
tract agricultural worker, such employer shall, 
at the employer’s option, provide or reimburse 
the contract agricultural worker for the cost of 
daily transportation from the contract worker’s 
living quarters to the contract agricultural 
worker’s place of employment. 
‘‘(I) 
REIMBURSEMENT
OF
TRANSPOR-
TATION TO THE PLACE OF EMPLOYMENT.— 
‘‘(i) IN
GENERAL.—A nonimmigrant 
agricultural worker shall be reimbursed by 
the first employer for the cost of the work-
er’s transportation and subsistence from 
the place from which the worker came 
from to the place of first employment. 
‘‘(ii) LIMITATION.—The amount of re-
imbursement provided under clause (i) to a 
worker shall not exceed the lesser of— 
‘‘(I) the actual cost to the worker 
of the transportation and subsistence 
involved; or 
‘‘(II) the most economical and 
reasonable common carrier transpor-
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tation charges and subsistence costs 
for the distance involved. 
‘‘(J) 
REIMBURSEMENT
OF
TRANSPOR-
TATION FROM PLACE OF EMPLOYMENT.— 
‘‘(i) IN GENERAL.—A contract agri-
cultural worker who completes at least 27 
months under his or her contract with the 
same designated agricultural employer 
shall be reimbursed by that employer for 
the cost of the worker’s transportation and 
subsistence from the place of employment 
to the place from which the worker came 
from abroad to work for the employer. 
‘‘(ii) LIMITATION.—The amount of re-
imbursement required under clause (i) 
shall not exceed the lesser of— 
‘‘(I) the actual cost to the worker 
of the transportation and subsistence 
involved; or 
‘‘(II) the most economical and 
reasonable common carrier transpor-
tation charges and subsistence costs 
for the distance involved. 
‘‘(f) WAGES.— 
‘‘(1) WAGE RATE REQUIREMENT.— 
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‘‘(A) IN GENERAL.—A nonimmigrant agri-
cultural worker employed by a designated agri-
cultural employer shall be paid not less than the 
wage rate for such employment set forth in 
paragraph (3). 
‘‘(B) WORKERS PAID ON A PIECE RATE OR 
OTHER INCENTIVE BASIS.—If an employer pays 
by the piece rate or other incentive method and 
requires 1 or more minimum productivity 
standards as a condition of job retention, such 
standards shall be specified in the job offer and 
be no more than those which have been nor-
mally required (at the time of the employee’s 
first application for designated employer status) 
by other employers for the activity in the geo-
graphic area of the job, unless the Secretary 
approves a higher standard. 
‘‘(2) JOB CATEGORIES.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), each nonimmigrant agricultural 
worker employed by such employer shall be as-
signed to 1 of the following standard occupa-
tional classifications, as defined by the Bureau 
of Labor Statistics: 
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‘‘(i) First-Line Supervisors of Farm-
ing, Fishing, and Forestry Workers (45– 
1011). 
‘‘(ii) Animal Breeders (45–2021). 
‘‘(iii) Graders and Sorters, Agricul-
tural Products (45–2041). 
‘‘(iv) Agricultural equipment operator 
(45–2091). 
‘‘(v) 
Farmworkers 
and 
Laborers, 
Crop, Nursery, and Greenhouse (45– 
2092). 
‘‘(vi) Farmworkers, Farm, Ranch and 
Aquacultural Animals (45–2093). 
‘‘(B) DETERMINATION
OF
CLASSIFICA-
TION.—A nonimmigrant agricultural worker is 
employed in a standard occupational classifica-
tion described in clause (i), (ii), (iii), (iv), (v), 
or (vi) of subparagraph (A) if the worker per-
forms activities associated with that occupa-
tional classification, as specified on the employ-
er’s petition, for at least 75 percent of the time 
in a semiannual employment period. 
‘‘(3) DETERMINATION OF WAGE RATE.— 
‘‘(A) CALENDAR
YEARS
2014
THROUGH 
2016.—The wage rate under this subparagraph 
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309 
for calendar years 2014 through 2016 shall be 
the higher of— 
‘‘(i) the applicable Federal, State, or 
local minimum wage; or 
‘‘(ii)(I) for the category described in 
paragraph (2)(A)(iii)— 
‘‘(aa) $9.37 for calendar year 
2014; 
‘‘(bb) $9.60 for calendar year 
2015; and 
‘‘(cc) $9.84 for calendar year 
2016; 
‘‘(II) for the category described in 
paragraph (2)(A)(iv)— 
‘‘(aa) $11.30 for calendar year 
2014; 
‘‘(bb) $11.58 for calendar year 
2015; and 
‘‘(cc) $11.87 for calendar year 
2016; 
‘‘(III) for the category described in 
paragraph (2)(A)(v)— 
‘‘(aa) $9.17 for calendar year 
2014; 
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310 
‘‘(bb) $9.40 for calendar year 
2015; and 
‘‘(cc) $9.64 for calendar year 
2016; and 
‘‘(IV) for the category described in 
paragraph (2)(A)(vi)— 
‘‘(aa) $10.82 for calendar year 
2014; 
‘‘(bb) $11.09 for calendar year 
2015; and 
‘‘(cc) $11.37 for calendar year 
2016. 
‘‘(B) SUBSEQUENT YEARS.—The Secretary 
shall increase the hourly wage rates set forth in 
clauses (i) through (iv) of subparagraph (A), 
for each calendar year after the calendar years 
described in subparagraph (A) by an amount 
equal to— 
‘‘(i) 1.5 percent, if the percentage in-
crease in the Employment Cost Index for 
wages and salaries during the previous cal-
endar year, as calculated by the Bureau of 
Labor Statistics, is less than 1.5 percent; 
‘‘(ii) the percentage increase in such 
Employment Cost Index, if such percent-
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311 
age increase is between 1.5 percent and 
2.5 percent, inclusive; or 
‘‘(iii) 2.5 percent, if such percentage 
increase is greater than 2.5 percent. 
‘‘(C) AGRICULTURAL
SUPERVISORS
AND 
ANIMAL BREEDERS.—Not later than September 
1, 2015, and annually thereafter, the Secretary, 
in consultation with the Secretary of Labor, 
shall establish the required wage for the next 
calendar year for each of the job categories set 
out in clauses (i) and (ii) of paragraph (2)(A). 
‘‘(D) SURVEY BY BUREAU OF LABOR STA-
TISTICS.—Not later than April 15, 2015, the 
Bureau of Labor Statistics shall consult with 
the Secretary to expand the Occupational Em-
ployment Statistics Survey to survey agricul-
tural producers and contractors and produce 
improved wage data by State and the job cat-
egories set out in clauses (i) through (vi) of 
subparagraph (A). 
‘‘(4) CONSIDERATION.—In determining the 
wage rate under paragraph (3)(C), the Secretary 
may consider appropriate factors, including— 
‘‘(A) whether the employment of additional 
alien workers at the required wage will ad-
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312 
versely affect the wages and working conditions 
of workers in the United States similarly em-
ployed; 
‘‘(B) whether the employment in the 
United States of an alien admitted under sec-
tion 101(a)(15)(H)(ii)(a) or unauthorized aliens 
in the agricultural workforce has depressed 
wages of United States workers engaged in ag-
ricultural employment below the levels that 
would otherwise have prevailed if such aliens 
had not been employed in the United States; 
‘‘(C) whether wages of agricultural workers 
are sufficient to support such workers and their 
families at a level above the poverty thresholds 
determined by the Bureau of Census; 
‘‘(D) the wages paid workers in the United 
States who are not employed in agricultural em-
ployment but who are employed in comparable 
employment; 
‘‘(E) the continued exclusion of employers 
of nonimmigrant alien workers in agriculture 
from the payment of taxes under chapter 21 of 
the Internal Revenue Code of 1986 (26 U.S.C. 
3101 et seq.) and chapter 23 of such Code (26 
U.S.C. 3301 et seq.); 
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313 
‘‘(F) the impact of farm labor costs in the 
United States on the movement of agricultural 
production to foreign countries; 
‘‘(G) a comparison of the expenses and 
cost structure of foreign agricultural producers 
to the expenses incurred by agricultural pro-
ducers based in the United States; and 
‘‘(H) the accuracy and reliability of the 
Occupational Employment Statistics Survey. 
‘‘(5) ADVERSE EFFECT WAGE RATE.— 
‘‘(A) PROHIBITION
OF
MODIFICATION.— 
The adverse effect wage rates in effect on April 
15, 2013, for nonimmigrants admitted under 
101(a)(15)(H)(ii)(a)— 
‘‘(i) shall remain in effect until the 
date described in section 2233 of the Agri-
cultural Worker Program Act of 2013; and 
‘‘(ii) may not be modified except as 
provided in subparagraph (B). 
‘‘(B) EXCEPTION.—Until the Secretary es-
tablishes the wage rates required under para-
graph (3)(C), the adverse effect wage rates in 
effect on the date of the enactment of the Agri-
cultural Worker Program Act of 2013 shall 
be— 
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314 
‘‘(i) deemed to be such wage rates; 
and 
‘‘(ii) after September 1, 2015, ad-
justed annually in accordance with para-
graph (3)(B). 
‘‘(C) NONPAYMENT
OF
FICA
AND
FUTA 
TAXES.—An employer employing nonimmigrant 
agricultural workers shall not be required to 
pay and withhold from such workers— 
‘‘(i) the tax required under section 
3101 of the Internal Revenue Code of 
1986; or 
‘‘(ii) the tax required under section 
3301 of the Internal Revenue Code of 
1986. 
‘‘(6) PREFERENTIAL
TREATMENT
OF
ALIENS 
PROHIBITED.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), employers seeking to hire 
United States workers shall offer the United 
States workers not less than the same benefits, 
wages, and working conditions that the em-
ployer is offering, intends to offer, or will pro-
vide to nonimmigrant agricultural workers. No 
job offer may impose on United States workers 
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315 
any restrictions or obligations that will not be 
imposed on the employer’s nonimmigrant agri-
cultural workers. 
‘‘(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), a designated agricultural em-
ployer is not required to provide housing or a 
housing allowance to United States workers. 
‘‘(g) WORKER PROTECTIONS AND DISPUTE RESOLU-
TION.— 
‘‘(1) 
EQUALITY
OF
TREATMENT.—Non-
immigrant agricultural workers shall not be denied 
any right or remedy under any Federal, State, or 
local labor or employment law applicable to United 
States workers engaged in agricultural employment. 
‘‘(2) APPLICABILITY
OF
THE
MIGRANT
AND 
SEASONAL
AGRICULTURAL
WORKER
PROTECTION 
ACT.— 
‘‘(A) MIGRANT AND SEASONAL AGRICUL-
TURAL
WORKER
PROTECTION
ACT.—Non-
immigrant agricultural workers shall be consid-
ered migrant agricultural workers for purposes 
of the Migrant and Seasonal Agricultural Work-
er Protection Act (29 U.S.C. 1801 et seq.). 
‘‘(B) ELIGIBILITY OF NONIMMIGRANT AG-
RICULTURAL
WORKERS
FOR
CERTAIN
LEGAL 
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316 
ASSISTANCE.—A 
nonimmigrant 
agricultural 
worker shall be considered to be lawfully admit-
ted for permanent residence for purposes of es-
tablishing eligibility for legal services under the 
Legal Services Corporation Act (42 U.S.C. 
2996 et seq.) on matters relating to wages, 
housing, transportation, and other employment 
rights. 
‘‘(C) MEDIATION.— 
‘‘(i) FREE
MEDIATION
SERVICES.— 
The Federal Mediation and Conciliation 
Service shall be available to assist in re-
solving disputes arising under this section 
between nonimmigrant agricultural work-
ers and designated agricultural employers 
without charge to the parties. 
‘‘(ii) COMPLAINT.—If a nonimmigrant 
agricultural worker files a complaint under 
section 504 of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 
U.S.C. 1854), not later than 60 days after 
the filing of proof of service of the com-
plaint, a party to the action may file a re-
quest with the Federal Mediation and Con-
ciliation Service to assist the parties in 
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317 
reaching a satisfactory resolution of all 
issues involving all parties to the dispute. 
‘‘(iii) NOTICE.—Upon filing a request 
under clause (ii) and giving of notice to the 
parties, the parties shall attempt mediation 
within the period specified in clause (iv). 
‘‘(iv) 90-DAY
LIMIT.—The Federal 
Mediation and Conciliation Service may 
conduct mediation or other nonbinding dis-
pute resolution activities for a period not 
to exceed 90 days beginning on the date on 
which the Federal Mediation and Concilia-
tion Service receives a request for assist-
ance under clause (ii) unless the parties 
agree to an extension of such period. 
‘‘(v) AUTHORIZATION OF APPROPRIA-
TIONS.— 
‘‘(I) IN
GENERAL.—Subject to 
clause (II), there are authorized to be 
appropriated to the Federal Mediation 
and Conciliation Service $500,000 for 
each fiscal year to carry out this sub-
paragraph. 
‘‘(II) 
MEDIATION.—Notwith-
standing any other provision of law, 
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318 
the Director of the Federal Mediation 
and Conciliation Service is author-
ized— 
‘‘(aa) to conduct the medi-
ation or other dispute resolution 
activities from any other account 
containing amounts available to 
the Director; and 
‘‘(bb) to reimburse such ac-
count with amounts appropriated 
pursuant to subclause (I). 
‘‘(vi) PRIVATE
MEDIATION.—If all 
parties agree, a private mediator may be 
employed as an alternative to the Federal 
Mediation and Conciliation Service. 
‘‘(3) OTHER RIGHTS.—Nonimmigrant agricul-
tural workers shall be entitled to the rights granted 
to other classes of aliens under sections 242(h) and 
245E. 
‘‘(4) WAIVER OF RIGHTS.—Agreements by non-
immigrant agricultural workers to waive or modify 
any rights or protections under this section shall be 
considered void or contrary to public policy except as 
provided in a collective bargaining agreement with a 
bona fide labor organization. 
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319 
‘‘(h) ENFORCEMENT AUTHORITY.— 
‘‘(1) INVESTIGATION OF COMPLAINTS.— 
‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY 
COMPLAINTS.— 
‘‘(i) 
PROCESS.—The 
Secretary 
of 
Labor shall establish a process for the re-
ceipt, investigation, and disposition of com-
plaints respecting a designated agricultural 
employer’s failure to meet a condition spec-
ified in subsection (e), or an employer’s 
misrepresentation of material facts in a pe-
tition under subsection (e)(2). 
‘‘(ii) FILING.—Any aggrieved person 
or organization, including bargaining rep-
resentatives, may file a complaint referred 
to in clause (i) not later than 1 year after 
the date of the failure or misrepresenta-
tion, respectively. 
‘‘(iii) INVESTIGATION OR HEARING.— 
The Secretary of Labor shall conduct an 
investigation if there is reasonable cause to 
believe that such failure or misrepresenta-
tion has occurred. 
‘‘(B) DETERMINATION
ON
COMPLAINT.— 
Under such process, the Secretary of Labor 
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320 
shall provide, not later than 30 days after the 
date on which such a complaint is filed, for a 
determination as to whether or not a reasonable 
basis exists to make a finding described in sub-
paragraph (C), (D), (E), or (F). If the Sec-
retary of Labor determines that such a reason-
able basis exists, the Secretary of Labor shall 
provide for notice of such determination to the 
interested parties and an opportunity for a 
hearing on the complaint, in accordance with 
section 556 of title 5, United States Code, with-
in 60 days after the date of the determination. 
If such a hearing is requested, the Secretary of 
Labor shall make a finding concerning the mat-
ter not later than 60 days after the date of the 
hearing. In the case of similar complaints re-
specting the same applicant, the Secretary of 
Labor may consolidate the hearings under this 
subparagraph on such complaints. 
‘‘(C) FAILURE TO MEET CONDITIONS.—If 
the Secretary of Labor finds, after notice and 
opportunity for a hearing, a failure to meet a 
condition under subsection (e) or (f), or a mate-
rial misrepresentation of fact in a petition 
under subsection (e)(2)— 
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321 
‘‘(i) the Secretary of Labor shall no-
tify the Secretary of such finding and may, 
in addition, impose such other administra-
tive remedies (including civil money pen-
alties in an amount not to exceed $1,000 
per violation) as the Secretary of Labor 
determines to be appropriate; and 
‘‘(ii) the Secretary may disqualify the 
designated agricultural employer from the 
employment of nonimmigrant agricultural 
workers for a period of 1 year. 
‘‘(D) WILLFUL
FAILURES
AND
WILLFUL 
MISREPRESENTATIONS.—If the Secretary of 
Labor finds, after notice and opportunity for 
hearing, a willful failure to meet a condition 
under subsection (e) or (f) or a willful misrepre-
sentation of a material fact in an registration 
or petition under paragraph (1) or (2) of sub-
section (e)— 
‘‘(i) the Secretary of Labor shall no-
tify the Secretary of such finding and may, 
in addition, impose such other administra-
tive remedies (including civil money pen-
alties in an amount not to exceed $5,000 
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322 
per violation) as the Secretary of Labor 
determines to be appropriate; 
‘‘(ii) the Secretary of Labor may seek 
appropriate legal or equitable relief; and 
‘‘(iii) the Secretary may disqualify the 
designated agricultural employer from the 
employment of nonimmigrant agricultural 
workers for a period of 2 years. 
‘‘(E) DISPLACEMENT OF UNITED STATES 
WORKERS.—If the Secretary of Labor finds, 
after notice and opportunity for hearing, a will-
ful failure to meet a condition under subsection 
(e) or (f) or a willful misrepresentation of a ma-
terial fact in an registration or petition under 
paragraph (1) or (2) of subsection (e), in the 
course of which failure or misrepresentation the 
employer displaced a United States worker em-
ployed by the employer during the period of em-
ployment on the employer’s petition under sub-
section (e)(2) or during the period of 30 days 
preceding such period of employment— 
‘‘(i) the Secretary of Labor shall no-
tify the Secretary of such finding and may, 
in addition, impose such other administra-
tive remedies (including civil money pen-
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323 
alties in an amount not to exceed $15,000 
per violation) as the Secretary of Labor 
determines to be appropriate; and 
‘‘(ii) the Secretary may disqualify the 
employer from the employment of non-
immigrant agricultural workers for a pe-
riod of 3 years. 
‘‘(F) FAILURES
TO
PAY
WAGES
OR
RE-
QUIRED BENEFITS.—If the Secretary of Labor 
finds, after notice and opportunity for a hear-
ing, that the employer has failed to pay the 
wages, or provide the housing allowance, trans-
portation, subsistence reimbursement, or guar-
antee of employment required under subsections 
(e)(4) and (f), the Secretary of Labor shall as-
sess payment of back wages, or other required 
benefits, due any United States worker or non-
immigrant agricultural worker employed by the 
employer in the specific employment in ques-
tion. The back wages or other required benefits 
required under subsections (e) and (f) shall be 
equal to the difference between the amount that 
should have been paid and the amount that ac-
tually was paid to such worker. 
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324 
‘‘(G) DISPOSITION
OF
PENALTIES.—Civil 
penalties collected under this paragraph shall be 
deposited into the Comprehensive Immigration 
Reform Trust Fund established under section 
9(a)(1) of the Border Security, Economic Op-
portunity, and Immigration Modernization Act. 
‘‘(2) LIMITATIONS
ON
CIVIL
MONEY
PEN-
ALTIES.—The Secretary of Labor shall not impose 
total civil money penalties with respect to a petition 
under subsection (e)(2) in excess of $90,000. 
‘‘(3) ELECTION.—A nonimmigrant agricultural 
worker who has filed an administrative complaint 
with the Secretary of Labor may not maintain a civil 
action unless a complaint based on the same viola-
tion filed with the Secretary of Labor under para-
graph (1) is withdrawn before the filing of such ac-
tion, in which case the rights and remedies available 
under this subsection shall be exclusive. 
‘‘(4) PRECLUSIVE EFFECT.—Any settlement by 
a nonimmigrant agricultural worker, a designated 
agricultural employer, or any person reached 
through the mediation process required under sub-
section (g)(2)(C) shall preclude any right of action 
arising out of the same facts between the parties in 
any Federal or State court or administrative pro-
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325 
ceeding, unless specifically provided otherwise in the 
settlement agreement. 
‘‘(5) SETTLEMENTS.—Any settlement by the 
Secretary of Labor with a designated agricultural 
worker on behalf of a nonimmigrant agricultural 
worker of a complaint filed with the Secretary of 
Labor under this section or any finding by the Sec-
retary of Labor under this subsection shall preclude 
any right of action arising out of the same facts be-
tween the parties under any Federal or State court 
or administrative proceeding, unless specifically pro-
vided otherwise in the settlement agreement. 
‘‘(6) STATUTORY CONSTRUCTION.—Nothing in 
this subsection may be construed as limiting the au-
thority of the Secretary of Labor to conduct any 
compliance investigation under any other labor law, 
including any law affecting migrant and seasonal ag-
ricultural workers, or, in the absence of a complaint 
under this section. 
‘‘(7) DISCRIMINATION
PROHIBITED.—It is a 
violation of this subsection for any person who has 
filed a petition under subsection (e) or (f) to intimi-
date, threaten, restrain, coerce, blacklist, discharge, 
or in any other manner discriminate against an em-
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326 
ployee, including a former employee or an applicant 
for employment, because the employee— 
‘‘(A) has disclosed information to the em-
ployer, or to any other person, that the em-
ployee reasonably believes evidences a violation 
of subsection (e) or (f), or any rule or regula-
tion relating to subsection (e) or (f); or 
‘‘(B) cooperates or seeks to cooperate in an 
investigation or other proceeding concerning the 
employer’s compliance with the requirements 
under subsection (e) or (f) or any rule or regu-
lation pertaining to subsection (e) or (f). 
‘‘(8) ROLE OF ASSOCIATIONS.— 
‘‘(A) VIOLATION BY A MEMBER OF AN AS-
SOCIATION.— 
‘‘(i) IN GENERAL.—If an association 
acting as the agent of an employer files an 
application on behalf of such employer, the 
employer is fully responsible for such appli-
cation, and for complying with the terms 
and conditions of subsection (e). If such an 
employer is determined to have violated 
any requirement described in this sub-
section, the penalty for such violation shall 
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apply only to that employer except as pro-
vided in clause (ii). 
‘‘(ii) COLLECTIVE RESPONSIBILITY.— 
If the Secretary of Labor determines that 
the association or other members of the as-
sociation participated in, had knowledge of, 
or reason to know of a violation described 
in clause (i), the penalty shall also be in-
voked against the association and complicit 
association members. 
‘‘(B) VIOLATIONS
BY
AN
ASSOCIATION 
ACTING AS AN EMPLOYER.— 
‘‘(i) IN GENERAL.—If an association 
filing an application as a sole or joint em-
ployer is determined to have violated any 
requirement described in this section, the 
penalty for such violation shall apply only 
to the association except as provided in 
clause (ii). 
‘‘(ii) MEMBER
RESPONSIBILITY.—If 
the Secretary of Labor determines that 1 
or more association members participated 
in, had knowledge of, or reason to know of 
the violation described in clause (i), the 
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penalty shall be invoked against all 
complicit association members. 
‘‘(i) SPECIAL NONIMMIGRANT VISA PROCESSING AND 
WAGE DETERMINATION PROCEDURES FOR CERTAIN AG-
RICULTURAL OCCUPATIONS.— 
‘‘(1) 
FINDING.—Certain 
industries 
possess 
unique occupational characteristics that necessitate 
the Secretary of Agriculture to adopt special proce-
dures relating to housing, pay, and visa program ap-
plication requirements for those industries. 
‘‘(2) SPECIAL
PROCEDURES
INDUSTRY
DE-
FINED.—In this subsection, the term ‘Special Proce-
dures Industry’ means— 
‘‘(A) sheepherding and goat herding; 
‘‘(B) itinerant commercial beekeeping and 
pollination; 
‘‘(C) open range production of livestock; 
‘‘(D) itinerant animal shearing; and 
‘‘(E) custom combining industries. 
‘‘(3) WORK LOCATIONS.—The Secretary shall 
allow designated agricultural employers in a Special 
Procedures Industry that do not operate in a single 
fixed-site location to provide, as part of its registra-
tion or petition under the Program, a list of antici-
pated work locations, which— 
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‘‘(A) may include an anticipated itinerary; 
and 
‘‘(B) may be subsequently amended by the 
employer, after notice to the Secretary. 
‘‘(4) WAGE RATES.—The Secretary may estab-
lish monthly, weekly, or biweekly wage rates for oc-
cupations in a Special Procedures Industry for a 
State or other geographic area. For an employer in 
those Special Procedures Industries that typically 
pay a monthly wage, the Secretary shall require that 
workers will be paid not less frequently than month-
ly and at a rate no less than the legally required 
monthly cash wage for such employer as of the date 
of the enactment of the Border Security, Economic 
Opportunity, and Immigration Modernization Act 
and in an amount as re-determined annually by the 
Secretary of Agriculture through rulemaking. 
‘‘(5) HOUSING.—The Secretary shall allow for 
the provision of housing or a housing allowance by 
employers in Special Procedures Industries and 
allow housing suitable for workers employed in re-
mote locations. 
‘‘(6) ALLERGY LIMITATION.—An employer en-
gaged in the commercial beekeeping or pollination 
services industry may require that an applicant be 
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free from bee pollen, venom, or other bee-related al-
lergies. 
‘‘(7) APPLICATION.—An individual employer in 
a Special Procedures Industry may file a program 
petition on its own behalf or in conjunction with an 
association of employers. The employer’s petition 
may be part of several related petitions submitted si-
multaneously that constitute a master petition. 
‘‘(8) RULEMAKING.—The Secretary or, as ap-
propriate, the Secretary of Homeland Security or 
the Secretary of Labor, after consultation with em-
ployers and employee representatives, shall publish 
for notice and comment proposed regulations relat-
ing to housing, pay, and application procedures for 
Special Procedures Industries. 
‘‘(j) MISCELLANEOUS PROVISIONS.— 
‘‘(1) DISQUALIFICATION OF NONIMMIGRANT AG-
RICULTURAL
WORKERS
FROM
FINANCIAL
ASSIST-
ANCE.—An alien admitted as a nonimmigrant agri-
cultural worker is not eligible for any program of fi-
nancial assistance under Federal law (whether 
through grant, loan, guarantee, or otherwise) on the 
basis of financial need, as such programs are identi-
fied by the Secretary in consultation with other 
agencies of the United States. 
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‘‘(2) MONITORING REQUIREMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
monitor the movement of nonimmigrant agricul-
tural workers through— 
‘‘(i) the Employment Verification Sys-
tem described in section 274A(b); and 
‘‘(ii) the electronic monitoring system 
established pursuant to subparagraph (B). 
‘‘(B) ELECTRONIC MONITORING SYSTEM.— 
Not later than 2 years after the effective date 
of this section, the Secretary of Homeland Se-
curity, through the Director of U.S. Citizenship 
and Immigration Services, shall establish an 
electronic monitoring system, which shall— 
‘‘(i) be modeled on the Student and 
Exchange 
Visitor 
Information 
System 
(SEVIS) and the SEVIS II tracking sys-
tem administered by U.S. Immigration and 
Customs Enforcement; 
‘‘(ii) monitor the presence and em-
ployment of nonimmigrant agricultural 
workers; and 
‘‘(iii) assist in ensuring the compli-
ance of designated agricultural employers 
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and nonimmigrant agricultural workers 
with the requirements of the Program.’’. 
(b) RULEMAKING.—The Secretary of Agriculture 
shall issue regulations to carry out section 218A of the 
Immigration and Nationality Act, as added by subsection 
(a), not later than 1 year after the date of the enactment 
of this Act. 
(c) CLERICAL AMENDMENT.—The table of contents 
is amended by inserting after the item relating to section 
218 the following: 
‘‘Sec. 218A. Nonimmigrant agricultural worker program.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2014. 
SEC. 2233. TRANSITION OF H–2A WORKER PROGRAM. 
(a) SUNSET OF PROGRAM.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an employer may not petition to employ 
an alien pursuant to section 101(a)(15)(H)(ii)(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(a)) after the date that is 1 year 
after the date on which the regulations issued pursu-
ant to section 2241(b) become effective. 
(2) EXCEPTION.—An employer may employ an 
alien described in paragraph (1) for the shorter of— 
(A) 10 months; or 
(B) the time specified in the position. 
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(b) CONFORMING AMENDMENTS.— 
(1) REPEAL
OF
H–2A
NONIMMIGRANT
CAT-
EGORY.—Section 
101(a)(15)(H)(ii) 
(8 
U.S.C. 
1101(a)(15)(H)(ii)) is amended by striking sub-
clause (a). 
(2) REPEAL OF ADMISSION REQUIREMENTS FOR 
H–2A WORKER.—Section 218 (8 U.S.C. 1188) is re-
pealed. 
(3) CONFORMING AMENDMENTS.— 
(A) AMENDMENT OF PETITION REQUIRE-
MENTS.—Section 
214(c)(1) 
(8 
U.S.C. 
1184(c)(1)) is amended by striking ‘‘For pur-
poses of this subsection’’ and all that follows. 
(B) CLERICAL AMENDMENT.—The table of 
contents is amended by striking the item relat-
ing to section 218. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date that 
is 1 year after the effective date of the regulations 
issued pursuant to section 2241(b). 
SEC. 2234. REPORTS TO CONGRESS ON NONIMMIGRANT AG-
RICULTURAL WORKERS. 
(a) ANNUAL REPORT
BY SECRETARY
OF AGRI-
CULTURE.—Not later than September 30 of each year, the 
Secretary of Agriculture shall submit a report to Congress 
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that identifies, for the previous year, the number, 
disaggregated by State and by occupation, of— 
(1) job opportunities approved for employment 
of aliens admitted pursuant to clause (iii) or clause 
(iv) of section 101(a)(15)(W) of the Immigration 
and Nationality Act, as added by section 2231; and 
(2) aliens actually admitted pursuant to each 
such clause. 
(b) ANNUAL REPORT BY SECRETARY OF HOMELAND 
SECURITY.—Not later than September 30 of each year, 
the Secretary shall submit a report to Congress that iden-
tifies, for the previous year, the number of aliens described 
in subsection (a)(2) who— 
(1) violated the terms of the nonimmigrant ag-
ricultural worker program established under section 
218A(b) of the Immigration and Nationality Act, as 
added by section 2232; and 
(2) have not departed from the United States. 
CHAPTER 3—OTHER PROVISIONS 
SEC. 2241. RULEMAKING. 
(a) CONSULTATION REQUIREMENT.—In the course of 
promulgating any regulation necessary to implement this 
subtitle, or the amendments made by this subtitle, the Sec-
retary, the Secretary of Agriculture, the Secretary of 
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Labor, and the Secretary of State shall regularly consult 
with each other. 
(b) DEADLINE FOR ISSUANCE OF REGULATIONS.— 
Except as provided in section 2232(b), all regulations to 
implement this subtitle and the amendments made by this 
subtitle shall be issued not later than 6 months after the 
date of the enactment of this Act. 
SEC. 2242. REPORTS TO CONGRESS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary and the Secretary of Agri-
culture shall jointly submit a report to Congress that de-
scribes the measures being taken and the progress made 
in implementing this subtitle and the amendments made 
by this subtitle. 
SEC. 2243. BENEFITS INTEGRITY PROGRAMS. 
(a) IN GENERAL.—Without regard to whether per-
sonal interviews are conducted in the adjudication of bene-
fits provided for by section 210A, 218A, 245B, 245C, 
245D, 245E, or 245F of the Immigration and Nationality 
Act, or in seeking a benefit under section 101(a)(15)(U) 
of the Immigration and Nationality Act, section 1242 of 
the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 
note), section 602(b) of the Afghan Allies Protection Act 
of 2009 (8 U.S.C. 1101 note), or section 2211 of this Act, 
the Secretary shall uphold and maintain the integrity of 
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those benefits by carrying out for each of them, within 
the Fraud Detection and National Security Directorate of 
U.S. Citizenship and Immigration Services, programs as 
follows: 
(1) A benefit fraud assessment program to 
quantify fraud rates, detect ongoing fraud trends, 
and develop appropriate countermeasures, including 
through a random sample of both pending and com-
pleted cases. 
(2) A compliance review program, including site 
visits, to identify frauds and deter fraudulent and il-
legal activities. 
(b) REPORTS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, U.S. Citizen-
ship and Immigration Services shall annually submit 
to Congress a report on the programs carried out 
pursuant to subsection (a). 
(2) ELEMENTS IN FIRST REPORT.—The initial 
report submitted under paragraph (1) shall include 
the methodologies to be used by the Fraud Detection 
and National Security Directorate for each of the 
programs specified in paragraphs (1) and (2) of sub-
section (a). 
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(3) ELEMENTS
IN
SUBSEQUENT
REPORTS.— 
Each subsequent report under paragraph (1) shall 
include, for the calendar year covered by such re-
port, a descriptions of examples of fraud detected, 
fraud rates for programs and types of applicants, 
and a description of the disposition of the cases in 
which fraud was detected or suspected. 
(c) USE OF FINDINGS OF FRAUD.—Any instance of 
fraud or abuse detected pursuant to a program carried 
out pursuant to subsection (a) may be used to deny or 
revoke benefits, and may also be referred to U.S. Immi-
gration and Customs Enforcement for investigation of 
criminal violations of section 266 of the Immigration and 
Nationality Act (8 U.S.C. 1306). 
(d) FUNDING.—There are authorized to be appro-
priated, from the Comprehensive Immigration Reform 
Trust Fund established under section 9(a)(1), such sums 
as may be necessary to carry out this section. 
SEC. 2244. EFFECTIVE DATE. 
This subtitle and the amendments made by this sub-
title, except for sections 2231, 2232, and 2233, shall take 
effect on the date on which the regulations required under 
section 2241 are issued, regardless of whether such regu-
lations are issued on an interim basis or on any other 
basis. 
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Subtitle C—Future Immigration 
SEC. 2301. MERIT-BASED POINTS TRACK ONE. 
(a) IN GENERAL.— 
(1) WORLDWIDE LEVEL OF MERIT-BASED IMMI-
GRANTS.—Section 201(e) (8 U.S.C. 1151(e)) is 
amended to read as follows: 
‘‘(e) WORLDWIDE LEVEL OF MERIT-BASED IMMI-
GRANTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) NUMERICAL LIMITATION.—Subject to 
paragraphs (2), (3), and (4), the worldwide 
level of merit-based immigrants is equal to 
120,000 for each fiscal year. 
‘‘(B) STATUS.—An alien admitted on the 
basis of a merit-based immigrant visa under 
this section shall have the status of an alien 
lawfully admitted for permanent residence. 
‘‘(2) ANNUAL INCREASE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B) and paragraph (3), if in any fiscal 
year the worldwide level of visas available for 
merit-based immigrants under this section— 
‘‘(i) is less than 75 percent of the 
number of applicants for such fiscal year, 
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the worldwide level shall increase by 5 per-
cent for the next fiscal year; and 
‘‘(ii) is equal to or more than 75 per-
cent of such number, the worldwide level 
for the next fiscal year shall be the same 
as the worldwide level for such fiscal year, 
minus any amount added to the worldwide 
level for such fiscal year under paragraph 
(4). 
‘‘(B) LIMITATION
ON
INCREASE.—The 
worldwide level of visas available for merit- 
based immigrants shall not exceed 250,000. 
‘‘(3) 
EMPLOYMENT
CONSIDERATION.—The 
worldwide level of visas available for merit-based im-
migrants may not be increased for a fiscal year 
under paragraph (2) if the annual average unem-
ployment rate for the civilian labor force 18 years or 
over in the United States, as determined by the Bu-
reau of Labor Statistics, for such previous fiscal 
year is more than 81⁄2 percent. 
‘‘(4) RECAPTURE
OF
UNUSED
VISAS.—The 
worldwide level of merit-based immigrants described 
in paragraph (1) for a fiscal year shall be increased 
by the difference (if any) between the worldwide 
level established under paragraph (1) for the pre-
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vious fiscal year and the number of visas actually 
issued under this subsection during that fiscal year. 
Such visas shall be allocated for the following year 
pursuant to section 203(c)(3).’’. 
(2) MERIT-BASED
IMMIGRANTS.—Section 203 
(8 U.S.C. 1153) is amended by inserting after sub-
section (b) the following: 
‘‘(c) MERIT-BASED IMMIGRANTS.— 
‘‘(1) FISCAL YEARS 2015 THROUGH 2017.—Dur-
ing each of the fiscal years 2015 through 2017, the 
worldwide level of merit-based immigrant visas made 
available under section 201(e)(1) shall be available 
for aliens described in section 203(b)(3) and in addi-
tion to any visas available for such aliens under such 
section. 
‘‘(2) SUBSEQUENT FISCAL YEARS.—During fis-
cal year 2018 and each subsequent fiscal year, aliens 
subject to the worldwide level specified in section 
201(e) for merit-based immigrants shall be allocated 
as follows: 
‘‘(A) 50 percent shall be available to appli-
cants with the highest number of points allo-
cated under tier 1 in paragraph (4). 
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‘‘(B) 50 percent shall be available to appli-
cants with the highest number of points allo-
cated under tier 2 in paragraph (5). 
‘‘(3) UNUSED VISAS.—If the total number of 
visas allocated to tier 1 or tier 2 for a fiscal year 
are not granted during that fiscal year, such number 
may be added to the number of visas available under 
section 201(e)(1) for the following fiscal year and al-
located as follows: 
‘‘(A) If the unused visas were allocated for 
tier 1 in a fiscal year, 2⁄3 of such visas shall be 
available for aliens allocated visas under tier 1 
in the following fiscal year and 1⁄3 of such visas 
shall be available for aliens allocated visas 
under either tier 1 or tier 2 in the following fis-
cal year. 
‘‘(B) If the unused visas were allocated for 
tier 2 in a fiscal year, 2⁄3 of such visas shall be 
available for aliens allocated visas under tier 2 
in the following fiscal year and 1⁄3 of such visas 
shall be available for aliens allocated visas 
under either tier 1 or tier 2 in the following fis-
cal year. 
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‘‘(4) TIER
1.—The Secretary shall allocate 
points to each alien seeking to be a tier 1 merit- 
based immigrant as follows: 
‘‘(A) EDUCATION.— 
‘‘(i) IN GENERAL.—An alien may re-
ceive points under only 1 of the following 
categories: 
‘‘(I) An alien who has received a 
doctorate degree from an institution 
of higher education in the United 
States or the foreign equivalent shall 
be allocated 15 points. 
‘‘(II) An alien who has received a 
master’s degree from an institution of 
higher education in the United States 
or the foreign equivalent shall be allo-
cated 10 points. 
‘‘(ii) An alien who has received a 
bachelor’s degree from an institution of 
higher education (as defined in section 
101(a) of the Higher Education Act of 
1965 (20 U.S.C. 1001(a)) shall be allo-
cated 5 points. 
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‘‘(B) 
EMPLOYMENT
EXPERIENCE.—An 
alien shall be allocated not more than 20 points 
as follows: 
‘‘(i) 3 points for each year the alien 
has been lawfully employed in a zone 5 oc-
cupation in the United States. 
‘‘(ii) 2 points for each year the alien 
has been lawfully employed in a zone 4 oc-
cupation in the United States. 
‘‘(C) EMPLOYMENT
RELATED
TO
EDU-
CATION.—An alien who is in the United States 
and is employed full-time or has an offer of full- 
time employment in a field related to the alien’s 
education— 
‘‘(i) in a zone 5 occupation shall be al-
located 10 points; or 
‘‘(ii) in a zone 4 occupation shall be 
allocated 8 points. 
‘‘(D) ENTREPRENEURSHIP.—An alien who 
is an entrepreneur in business that employs at 
least 2 employees in a zone 4 occupation or a 
zone 5 occupation shall be allocated 10 points. 
‘‘(E) HIGH
DEMAND
OCCUPATION.—An 
alien who is employed full-time in the United 
States or has an offer of full-time employment 
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in a high demand tier 1 occupation shall be al-
located 10 points. 
‘‘(F) CIVIC INVOLVEMENT.—An alien who 
has attested that he or she has engaged in a 
significant amount of community service, as de-
termined by the Secretary, shall be allocated 2 
points. 
‘‘(G) ENGLISH LANGUAGE.—An alien who 
received a score of 80 or more on the Test of 
English as a Foreign Language, or an equiva-
lent score on a similar test, as determined by 
the Secretary, shall be allocated 10 points. 
‘‘(H) SIBLINGS AND MARRIED SONS AND 
DAUGHTERS OF CITIZENS.—An alien who is the 
sibling of a citizen of the United States or who 
is over 31 years of age and is the married son 
or married daughter of a citizen of the United 
States shall be allocated 10 points. 
‘‘(I) AGE.—An alien who is— 
‘‘(i) between 18 and 24 years of age 
shall be allocated 8 points; 
‘‘(ii) between 25 and 32 years of age 
shall be allocated 6 points; or 
‘‘(iii) between 33 and 37 years of age 
shall be allocated 4 points. 
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‘‘(J) COUNTRY OF ORIGIN.—An alien who 
is a national of a country of which fewer than 
50,000 nationals were lawfully admitted to per-
manent residence in the United States in the 
previous 5 years shall be allocated 5 points. 
‘‘(5) TIER
2.—The Secretary shall allocate 
points to each alien seeking to be a tier 2 merit- 
based immigrant as follows: 
‘‘(A) 
EMPLOYMENT
EXPERIENCE.—An 
alien shall be allocated 2 points for each year 
the alien has been lawfully employed in the 
United States, for a total of not more than 20 
points. 
‘‘(B) SPECIAL EMPLOYMENT CRITERIA.— 
An alien who is employed full-time in the 
United States, or has an offer of full-time em-
ployment— 
‘‘(i) in a high demand tier 2 occupa-
tion shall be allocated 10 points; or 
‘‘(ii) in a zone 1, zone 2, or zone 3 oc-
cupation shall be allocated 10 points. 
‘‘(C) CAREGIVER.—An alien who is or has 
been a primary caregiver shall be allocated 10 
points. 
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‘‘(D) 
EXCEPTIONAL
EMPLOYMENT 
RECORD.—An alien who has a record of excep-
tional employment, as determined by the Sec-
retary, shall be allocated 10 points. In deter-
mining a record of exceptional employment, the 
Secretary shall consider factors including pro-
motions, longevity, changes in occupations from 
a lower job zone to a higher job zone, partici-
pated in safety training, and increases in pay. 
‘‘(E) CIVIC INVOLVEMENT.—An alien who 
has demonstrated significant civic involvement 
shall be allocated 2 points. 
‘‘(F) ENGLISH LANGUAGE.— 
‘‘(i) 
ENGLISH
PROFICIENCY.—An 
alien who has demonstrated English pro-
ficiency, as determined by a standardized 
test designated by the Secretary of Edu-
cation, shall be allocated 10 points. 
‘‘(ii) 
ENGLISH
KNOWLEDGE.—An 
alien who has demonstrated English knowl-
edge, as determined by a standardized test 
designated by the Secretary of Education, 
shall be allocated 5 points. 
‘‘(G) SIBLINGS AND MARRIED SONS AND 
DAUGHTERS OF CITIZENS.—An alien who is the 
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347 
sibling of a citizen of the United States or is 
over the age of 31 and is the married son or 
married daughter of a citizen of the United 
States shall be allocated 10 points. 
‘‘(H) AGE.—An alien who is— 
‘‘(i) between 18 and 24 years of age 
shall be allocated 8 points; 
‘‘(ii) between 25 and 32 years of age 
shall be allocated 6 points; or 
‘‘(iii) between 33 and 37 years of age 
shall be allocated 4 points. 
‘‘(I) COUNTRY OF ORIGIN.—An alien who 
is a national of a country of which fewer than 
50,000 nationals were lawfully admitted to per-
manent residence in the United States in the 
previous 5 years shall be allocated 5 points. 
‘‘(6) APPLICATION PROCEDURES.— 
‘‘(A) SUBMISSION.—During the 30-day pe-
riod beginning on the first October 1 occurring 
at least 3 years after the date of the enactment 
of the Border Security, Economic Opportunity, 
and Immigration Modernization Act, and dur-
ing each 30-day period beginning on October 1 
in subsequent years, eligible aliens may submit, 
to U.S. Citizenship and Immigration Services, 
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an application for a merit-based immigrant visa 
that contains such information as the Secretary 
may reasonably require. 
‘‘(B) ADJUDICATION.—Before the last day 
of each fiscal year in which applications are 
filed pursuant to subparagraph (A), the Direc-
tor, U.S. Citizenship and Immigration Services, 
shall— 
‘‘(i) review the applications to deter-
mine which aliens will be granted a merit 
based immigrant visa in the following fiscal 
year in accordance with this subsection; 
and 
‘‘(ii) in coordination with the Sec-
retary of State, provide such visas to all 
successful applicants. 
‘‘(C) FEE.—An alien who is allocated a 
visa under this subsection shall pay a fee of 
$1,500 in addition to any fee assessed to cover 
the costs to process an application under this 
subsection. Fees collected under this paragraph 
shall be deposited by the Secretary into the 
Comprehensive 
Immigration 
Reform 
Trust 
Fund established under section 9(a)(1) of the 
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349 
Border Security, Economic Opportunity, and 
Immigration Modernization Act. 
‘‘(7) ELIGIBILITY OF ALIENS IN REGISTERED 
PROVISIONAL
IMMIGRANT
STATUS.—An alien who 
was granted registered provisional immigrant status 
under section 245B is not eligible to receive a merit- 
based immigrant visa under section 201(e). 
‘‘(8) INELIGIBILITY OF ALIENS WITH PENDING 
OR APPROVED PETITIONS.—An alien who has a peti-
tion pending or approved in another immigrant cat-
egory under this section or section 201 may not 
apply for a merit-based immigrant visa. 
‘‘(9) DEFINITIONS.—In this subsection: 
‘‘(A) HIGH
DEMAND
TIER
OCCUPA-
TION.—The term ‘high demand tier 1 occupa-
tion’ means 1 of the 5 occupations for which 
the highest number of nonimmigrants described 
in section 101(a)(15)(H)(i) were sought to be 
admitted by employers during the previous fis-
cal year. 
‘‘(B) HIGH
DEMAND
TIER
OCCUPA-
TION.—The term ‘high demand tier 2 occupa-
tion’ means 1 of the 5 occupations for which 
the highest number of positions were sought to 
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become registered positions by employers under 
section 220(e) during the previous fiscal year. 
‘‘(C) SECRETARY.—The term ‘Secretary’ 
means the Secretary of Homeland Security. 
‘‘(D) ZONE
OCCUPATION.—The term 
‘zone 1 occupation’ means an occupation that 
requires little or no preparation and is classified 
as a zone 1 occupation on— 
‘‘(i) the Occupational Information 
Network Database (O*NET) on the date 
of the enactment of the Border Security, 
Economic Opportunity, and Immigration 
Modernization Act; or 
‘‘(ii) such Database or a similar suc-
cessor database, as designated by the Sec-
retary of Labor, after such date of enact-
ment. 
‘‘(E) ZONE
OCCUPATION.—The term 
‘zone 2 occupation’ means an occupation that 
requires some preparation and is classified as a 
zone 2 occupation on— 
‘‘(i) the Occupational Information 
Network Database (O*NET) on the date 
of the enactment of the Border Security, 
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351 
Economic Opportunity, and Immigration 
Modernization Act; or 
‘‘(ii) such Database or a similar suc-
cessor database, as designated by the Sec-
retary of Labor, after such date of enact-
ment. 
‘‘(F) ZONE
OCCUPATION.—The term 
‘zone 3 occupation’ means an occupation that 
requires medium preparation and is classified 
as a zone 3 occupation on— 
‘‘(i) the Occupational Information 
Network Database (O*NET) on the date 
of the enactment of the Border Security, 
Economic Opportunity, and Immigration 
Modernization Act; or 
‘‘(ii) such Database or a similar suc-
cessor database, as designated by the Sec-
retary of Labor, after such date of enact-
ment. 
‘‘(G) ZONE
OCCUPATION.—The term 
‘zone 4 occupation’ means an occupation that 
requires considerable preparation and is classi-
fied as a zone 4 occupation on— 
‘‘(i) the Occupational Information 
Network Database (O*NET) on the date 
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352 
of the enactment of theBorder Security, 
Economic Opportunity, and Immigration 
Modernization Act; or 
‘‘(ii) such Database or a similar suc-
cessor database, as designated by the Sec-
retary of Labor, after such date of enact-
ment. 
‘‘(H) ZONE
OCCUPATION.—The term 
‘zone 5 occupation’ means an occupation that 
requires extensive preparation and is classified 
as a zone 5 occupation on— 
‘‘(i) the Occupational Information 
Network Database (O*NET) on the date 
of the enactment of the Border Security, 
Economic Opportunity, and Immigration 
Modernization Act; or 
‘‘(ii) such Database or a similar suc-
cessor database, as designated by the Sec-
retary of Labor, after such date of enact-
ment.’’. 
(3) GAO STUDY AND REPORT.— 
(A) STUDY.—The Comptroller General of 
the United States shall conduct a study of the 
merit-based immigration system established 
under section 203(c) of the Immigration and 
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353 
Nationality Act, as amended by paragraph (2), 
to determine, during the first 7 years of such 
system— 
(i) how the points described in para-
graphs (4)(H), (4)(J), (5)(G), and (5)(I) 
of section 203(c) of such Act were utilized; 
(ii) how many of the points allocated 
to people lawfully admitted for permanent 
residence were allocated under such para-
graphs; 
(iii) how many people who were allo-
cated points under such paragraphs were 
not lawfully admitted to permanent resi-
dence; 
(iv) the countries of origin of the peo-
ple who applied for a merit-based visa 
under section 203(c) of such Act; 
(v) the number of such visas issued 
under tier 1 and tier 2 to males and fe-
males, respectively; 
(vi) the age of individuals who were 
issued such visas; and 
(vii) the educational attainment and 
occupation of people who were issued such 
visas. 
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(B) REPORT.—Not later than 7 years after 
the date of the enactment of this Act, the 
Comptroller General shall submit a report to 
Congress that describes the results of the study 
conducted pursuant to subparagraph (A). 
(b) MODIFICATION OF POINTS.—The Secretary may 
submit to Congress a proposal to modify the number of 
points allocated under subsection (c) of section 203 of the 
Immigration and Nationality Act (8 U.S.C. 1153), as 
amended by subsection (a). 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2014. 
SEC. 2302. MERIT-BASED TRACK TWO. 
(a) IN GENERAL.—In addition to any immigrant visa 
made available under the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.), as amended by this Act, the Sec-
retary of State shall allocate merit-based immigrant visas 
as described in this section. 
(b) STATUS.—An alien admitted on the basis of a 
merit-based immigrant visa under this section shall have 
the status of an alien lawfully admitted for permanent res-
idence (as that term is defined in section 101(a)(20) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(20)). 
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(c) ELIGIBILITY.—Beginning on October 1, 2014, the 
following aliens shall be eligible for merit-based immigrant 
visas under this section: 
(1) 
EMPLOYMENT-BASED
IMMIGRANTS.—An 
alien who is the beneficiary of a petition filed before 
the date of the enactment of this Act to accord sta-
tus under section 203(b) of the Immigration and 
Nationality Act, if the visa has not been issued with-
in 5 years after the date on which such petition was 
filed. 
(2) FAMILY-SPONSORED IMMIGRANTS.—Subject 
to subsection (d), an alien who is the beneficiary of 
a petition filed to accord status under section 203(a) 
of the Immigration and Nationality Act— 
(A) prior to the date of the enactment of 
this Act, if the visa was not issued within 5 
years after the date on which such petition was 
filed; or 
(B) after such date of enactment, to ac-
cord status under paragraph (3) or (4) of sec-
tion 203(a) of the Immigration and Nationality 
Act (8 U.S.C. 1153(a)), as in effect the minute 
before the effective date specified in section 
2307(a)(3) of this Act, and the visa was not 
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356 
issued within 5 years after the date on which 
petition was filed. 
(3) LONG-TERM ALIEN WORKERS AND OTHER 
MERIT-BASED IMMIGRANTS.—An alien who— 
(A) is not admitted pursuant to subpara-
graph (W) of section 101(a)(15) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)); and 
(B) has been lawfully present in the 
United States in a status that allows for em-
ployment authorization for a continuous period, 
not counting brief, casual, and innocent ab-
sences, of not less than 10 years. 
(d) 
ALLOCATION
OF
EMPLOYMENT-SPONSORED 
MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal 
years 2015 through and including 2021, the Secretary of 
State shall allocate to aliens described in subsection (c)(1) 
a number of merit-based immigrant visas equal to 1⁄7 of 
the number of aliens described in subsection (c)(1) whose 
visas had not been issued as of the date of the enactment 
of this Act. 
(e) ALLOCATION
OF FAMILY-SPONSORED MERIT- 
BASED IMMIGRANT VISAS.—The visas authorized by sub-
section (c)(2) shall be allocated as follows: 
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357 
(1) SPOUSES AND CHILDREN OF PERMANENT 
RESIDENTS.—Petitions to accord status under sec-
tion 203(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(a)(2)(A)), as in effect the 
minute before the effective date specified in section 
2307(a)(3) of this Act, are automatically converted 
to petitions to accord status to the same bene-
ficiaries as immediate relatives under section 
201(b)(2)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1151(b)(2)(A)). 
(2) OTHER FAMILY MEMBERS.—In each of the 
fiscal years 2015 through and including 2021, the 
Secretary of State shall allocate to the aliens de-
scribed in subsection (c)(2)(A), other than those 
aliens described in paragraph (1), a number of tran-
sitional merit-based immigrant visas equal to 1⁄7 of 
the difference between— 
(A) the number of aliens described in sub-
section (c)(2)(A) whose visas had not been 
issued as of the date of the enactment of this 
Act; and 
(B) the number of aliens described in 
paragraph (1). 
(3) ORDER
OF
ISSUANCE
FOR
PREVIOUSLY 
FILED
APPLICATIONS.—Subject to paragraphs (1) 
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and (2), the visas authorized by subsection (c)(2)(A) 
shall be issued without regard to a per country limi-
tation in the order described in section 203(a) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(a)), as amended by section 2305(b), in the 
order in which the petitions to accord status under 
such section 203(a) were filed prior to the date of 
the enactment of this Act. 
(4) SUBSEQUENTLY FILED APPLICATIONS.—In 
fiscal year 2022, the Secretary of State shall allocate 
to the aliens described in subsection (c)(2)(B), the 
number of merit-based immigrant visas equal to 1⁄2 
of the number of aliens described in subsection 
(c)(2)(B) whose visas had not been issued by Octo-
ber 1, 2021. In fiscal year 2023, the Secretary of 
State shall allocate to the aliens described in sub-
section (c)(2)(B), the number of merit-based immi-
grant visas equal to the number of aliens described 
in subsection (c)(2)(B) whose visas had not been 
issued by October 1, 2022. 
(5) ORDER OF ISSUANCE FOR SUBSEQUENTLY 
FILED
APPLICATIONS.—Subject to paragraph (4), 
the visas authorized by subsection (c)(2)(B) shall be 
issued in the order in which the petitions to accord 
status under section 203(a) of the Immigration and 
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359 
Nationality Act were filed, as in effect the minute 
before the effective date specified in section 
2307(a)(3) of this Act. 
(f) APPLICABILITY OF CERTAIN GROUNDS OF INAD-
MISSIBILITY.—In determining an alien’s inadmissibility 
under this section, section 212(a)(9)(B) of the Immigra-
tion and Nationality Act (8 U.S.C. 1193(a)(9)(B)) shall 
not apply. 
(g) ELIGIBILITY IN YEARS AFTER 2028.—Beginning 
in fiscal year 2029, aliens eligible for adjustment of status 
under subsection (c)(3) must be lawfully present in an em-
ployment authorized status for 20 years prior to filing an 
application for adjustment of status. 
SEC. 2303. REPEAL OF THE DIVERSITY VISA PROGRAM. 
(a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 
is amended— 
(1) in section 201(a) (8 U.S.C. 1151(a))— 
(A) in paragraph (1), by adding ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking ‘‘; and’’ 
at the end and inserting a period; and 
(C) by striking paragraph (3); 
(2) in section 203 (8 U.S.C. 1153)— 
(A) by striking subsection (c); 
(B) in subsection (e)— 
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(i) by striking paragraph (2); and 
(ii) by redesignating paragraph (3) as 
paragraph (2); 
(C) in subsection (f), by striking ‘‘(a), (b), 
or (c) of this section’’ and inserting ‘‘(a) or 
(b)’’; and 
(D) in subsection (g), by striking ‘‘(a), (b), 
and (c)’’ and inserting ‘‘(a) and (b)’’; and 
(3) in section 204 (8 U.S.C. 1154)— 
(A) in subsection (a), as amended by sec-
tion 2305(d)(6)(A)(i), by striking paragraph 
(8); and 
(B) in subsection (e), by striking ‘‘(a), (b), 
or (c)’’ and inserting ‘‘(a) or (b)’’. 
(b) EFFECTIVE DATE AND APPLICATION.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall take effect on October 1, 2014. 
(2) APPLICATION.—An alien who receives a no-
tification from the Secretary that the alien was se-
lected to receive a diversity immigrant visa under 
section 203(c) of the Immigration and Nationality 
Act (8 U.S.C. 1153(c)) for fiscal year 2013 or fiscal 
year 2014 shall remain eligible to receive such visa 
under the rules of such section, as in effect on Sep-
tember 30, 2014. No alien may be allocated such a 
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361 
diversity immigrant visa for a fiscal year after fiscal 
year 2015. 
SEC. 2304. WORLDWIDE LEVELS AND RECAPTURE OF UN-
USED IMMIGRANT VISAS. 
(a) 
EMPLOYMENT-BASED
IMMIGRANTS.—Section 
201(d) (8 U.S.C. 1151(d)) is amended to read as follows: 
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 
IMMIGRANTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) WORLDWIDE
LEVEL.—For a fiscal 
year after fiscal year 2015, the worldwide level 
of employment-based immigrants under this 
subsection is equal to the sum of— 
‘‘(i) 140,000; and 
‘‘(ii) the number computed under 
paragraph (2). 
‘‘(B) FISCAL YEAR 2015.—For fiscal year 
2015, the worldwide level of employment-based 
immigrants under this subsection is equal to 
the sum of— 
‘‘(i) 140,000; 
‘‘(ii) the number computed under 
paragraph (2); and 
‘‘(iii) the number computed under 
paragraph (3). 
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362 
‘‘(2) PREVIOUS
FISCAL
YEAR.—The number 
computed under this paragraph for a fiscal year is 
the difference, if any, between the maximum number 
of visas which may be issued under section 203(a) 
(relating to family-sponsored immigrants) during the 
previous fiscal year and the number of visas issued 
under that section during that year. 
‘‘(3) UNUSED
VISAS.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the sum of the worldwide levels estab-
lished under paragraph (1), as in effect on the 
day before the date of the enactment of the 
Border Security, Economic Opportunity, and 
Immigration Modernization Act, for fiscal years 
1992 through and including 2013; and 
‘‘(B) the number of visas actually issued 
under section 203(b) during such fiscal years.’’. 
(b) 
FAMILY-SPONSORED
IMMIGRANTS.—Section 
201(c) (8 U.S.C. 1151(c)) is amended to read as follows: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) WORLDWIDE
LEVEL.—Subject to 
subparagraph (C), for each fiscal year after fis-
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363 
cal year 2015, the worldwide level of family- 
sponsored immigrants under this subsection for 
a fiscal year is equal to the sum of— 
‘‘(i) 480,000 minus the number com-
puted under paragraph (2); and 
‘‘(ii) the number computed under 
paragraph (3). 
‘‘(B) FISCAL YEAR 2015.—Subject to sub-
paragraph (C), for fiscal year 2015, the world-
wide level of family-sponsored immigrants 
under this subsection is equal to the sum of— 
‘‘(i) 480,000 minus the number com-
puted under paragraph (2); 
‘‘(ii) the number computed under 
paragraph (3); and 
‘‘(iii) the number computed under 
paragraph (4). 
‘‘(C) LIMITATION.—The number computed 
under subparagraph (A)(i) or (B)(i) may not be 
less than 226,000, except that beginning on the 
date that is 18 months after the date of the en-
actment of the Border Security, Economic Op-
portunity, and Immigration Modernization Act, 
the number computed under subparagraph 
(A)(i) or (B)(i) may not be less than 161,000. 
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364 
‘‘(2) IMMEDIATE
RELATIVES.—The number 
computed under this paragraph for a fiscal year is 
the number of aliens described in subparagraph (A) 
or (B) of subsection (b)(2) who were issued immi-
grant visas, or who otherwise acquired the status of 
an alien lawfully admitted to the United States for 
permanent residence, in the previous fiscal year. 
‘‘(3) PREVIOUS
FISCAL
YEAR.—The number 
computed under this paragraph for a fiscal year is 
the difference, if any, between the maximum number 
of visas which may be issued under section 203(b) 
(relating to employment-based immigrants) during 
the previous fiscal year and the number of visas 
issued under that section during that year. 
‘‘(4) UNUSED
VISAS.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the sum of the worldwide levels estab-
lished under paragraph (1) for fiscal years 
1992 through and including 2013; and 
‘‘(B) the number of visas actually issued 
under section 203(a) during such fiscal years.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
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365 
fiscal year beginning after the date of the enactment of 
this Act. 
SEC. 2305. RECLASSIFICATION OF SPOUSES AND MINOR 
CHILDREN OF LAWFUL PERMANENT RESI-
DENTS AS IMMEDIATE RELATIVES. 
(a) IMMEDIATE RELATIVES.—Section 201(b)(2) (8 
U.S.C. 1151(b)(2)) is amended to read as follows: 
‘‘(2)(A) Aliens who are immediate relatives. 
‘‘(B) In this paragraph, the term ‘immediate 
relative’ means— 
‘‘(i) a child, spouse, or parent of a citizen 
of the United States, except that in the case of 
such a parent such citizen shall be at least 21 
years of age; 
‘‘(ii) a child or spouse of an alien lawfully 
admitted for permanent residence; 
‘‘(iii) a child or spouse of an alien de-
scribed in clause (i), who is accompanying or 
following to join the alien; 
‘‘(iv) a child or spouse of an alien de-
scribed in clause (ii), who is accompanying or 
following to join the alien; 
‘‘(v) an alien admitted under section 
211(a) on the basis of a prior issuance of a visa 
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366 
to the alien’s accompanying parent who is an 
immediate relative; and 
‘‘(vi) an alien born to an alien lawfully ad-
mitted for permanent residence during a tem-
porary visit abroad. 
‘‘(C) If an alien who was the spouse or child of 
a citizen of the United States or of an alien lawfully 
admitted for permanent residence and was not le-
gally separated from the citizen or lawful permanent 
resident at the time of the citizen’s or lawful perma-
nent resident’s death files a petition under section 
204(a)(1)(B), the alien spouse (and each child of the 
alien) shall remain, for purposes of this paragraph, 
an immediate relative during the period beginning 
on the date of the citizen’s or permanent resident’s 
death and ending on the date on which the alien 
spouse remarries. 
‘‘(D) An alien who has filed a petition under 
clause (iii) or (iv) of section 204(a)(1)(A) shall re-
main, for purposes of this paragraph, an immediate 
relative if the United States citizen or lawful perma-
nent resident spouse or parent loses United States 
citizenship on account of the abuse.’’. 
(b) ALLOCATION
OF IMMIGRANT VISAS.—Section 
203(a) (8 U.S.C. 1153(a)) is amended— 
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367 
(1) in paragraph (1), by striking ‘‘23,400,’’ and 
inserting ‘‘20 percent of the worldwide level of fam-
ily-sponsored immigrants under section 201(c)’’; 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) 
UNMARRIED
SONS
AND
UNMARRIED 
DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 
Qualified immigrants who are the unmarried sons or 
unmarried daughters (but are not the children) of 
an alien lawfully admitted for permanent residence 
shall be allocated visas in a number not to exceed 20 
percent of the worldwide level of family-sponsored 
immigrants under section 201(c), plus any visas not 
required for the class specified in paragraph (1).’’; 
(3) in paragraph (3)— 
(A) by striking ‘‘23,400,’’ and inserting 
‘‘20 percent of the worldwide level of family- 
sponsored immigrants under section 201(c)’’; 
and 
(B) by striking ‘‘classes specified in para-
graphs (1) and (2).’’ and inserting ‘‘class speci-
fied in paragraph (2).’’; and 
(4) in paragraph (4)— 
(A) by striking ‘‘65,000,’’ and inserting 
‘‘40 percent of the worldwide level of family- 
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368 
sponsored immigrants under section 201(c)’’; 
and 
(B) by striking ‘‘classes specified in para-
graphs (1) through (3).’’ and inserting ‘‘class 
specified in paragraph (3).’’. 
(c) 
TERMINATION
OF
REGISTRATION.—Section 
203(g) (8 U.S.C. 1153(g)) is amended to read as follows: 
‘‘(g) LISTS.— 
‘‘(1) IN GENERAL.—For purposes of carrying 
out the orderly administration of this title, the Sec-
retary of State may make reasonable estimates of 
the anticipated numbers of immigrant visas to be 
issued during any quarter of any fiscal year within 
each of the categories under subsections (a), (b), 
and (c) and may rely upon such estimates in author-
izing the issuance of visas. 
‘‘(2) TERMINATION OF REGISTRATION.— 
‘‘(A) INFORMATION DISSEMINATION.—Not 
later than 180 days after the date of the enact-
ment of the Border Security, Economic Oppor-
tunity, and Immigration Modernization Act, the 
Secretary of Homeland Security and the Sec-
retary of State shall adopt a plan to broadly 
disseminate information to the public regarding 
termination of registration procedures described 
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369 
in subparagraphs (B) and (C), including proce-
dures for notifying the Department of Home-
land Security and the Department of State of 
any change of address on the part of a peti-
tioner or a beneficiary of an immigrant visa pe-
tition. 
‘‘(B) TERMINATION FOR FAILURE TO AD-
JUST.—The Secretary of Homeland Security 
shall terminate the registration of any alien who 
has evidenced an intention to acquire lawful 
permanent residence under section 245 and who 
fails to apply to adjust status within 1 year fol-
lowing notification to the alien of the avail-
ability of an immigrant visa. 
‘‘(C) TERMINATION
FOR
FAILURE
TO 
APPLY.—The Secretary of State shall terminate 
the registration of any alien not described in 
subparagraph (B) who fails to apply for an im-
migrant visa within 1 year following notification 
to the alien of the availability of such visa. 
‘‘(3) REINSTATEMENT.—The registration of 
any alien that was terminated under paragraph (2) 
shall be reinstated if, within 2 years following the 
date of notification of the availability of such visa, 
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370 
the alien demonstrates that such failure to apply 
was due to good cause.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) DEFINITIONS.—Section 101(a)(15)(K)(ii) 
(8 U.S.C. 1101(a)(15)(K)(ii)) is amended by strik-
ing ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 
201(b)(2) (other than clause (v) or (vi) of subpara-
graph (B))’’. 
(2) 
PER
COUNTRY
LEVEL.—Section 
202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended 
by striking ‘‘section 201(b)(2)(A)(i)’’ and inserting 
‘‘section 201(b)(2) (other than clause (v) or (vi) of 
subparagraph (B))’’. 
(3) RULES FOR DETERMINING WHETHER CER-
TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 
201(f) (8 U.S.C. 1151(f)) is amended— 
(A) in paragraph (1), by striking ‘‘para-
graphs (2) and (3),’’ and inserting ‘‘paragraph 
(2),’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; and 
(D) in paragraph (3), as redesignated by 
subparagraph (C), by striking ‘‘through (3)’’ 
and inserting ‘‘and (2)’’. 
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371 
(4) NUMERICAL
LIMITATION
TO
ANY
SINGLE 
FOREIGN
STATE.—Section 202(a)(4) (8 U.S.C. 
1152(a)(4)) is amended— 
(A) by striking subparagraphs (A) and 
(B); 
(B) by redesignating subparagraphs (C) 
and (D) as subparagraphs (A) and (B), respec-
tively; and 
(C) in subparagraph (A), as redesignated 
by 
clause 
(ii), 
by 
striking 
‘‘section 
203(a)(2)(B)’’ 
and 
inserting 
‘‘section 
203(a)(2)’’. 
(5) ALLOCATION OF IMMIGRANT VISAS.—Sec-
tion 203(h) (8 U.S.C. 1153(h)) is amended— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph 
(A), 
by 
striking 
‘‘subsections 
(a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (d)’’; 
(ii) in subparagraph (A), by striking 
‘‘becomes available for such alien (or, in 
the case of subsection (d), the date on 
which an immigrant visa number became 
available for the alien’s parent),’’ and in-
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372 
serting ‘‘became available for the alien’s 
parent,’’; and 
(iii) in subparagraph (B), by striking 
‘‘applicable’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) PETITIONS DESCRIBED.—The petition de-
scribed in this paragraph is a petition filed under 
section 204 for classification of the alien’s parent 
under subsection (a), (b), or (c).’’; and 
(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) RETENTION OF PRIORITY DATE.— 
‘‘(A) PETITIONS FILED FOR CHILDREN.— 
For a petition originally filed to classify a child 
under subsection (d), if the age of the alien is 
determined under paragraph (1) to be 21 years 
of age or older on the date that a visa number 
becomes available to the alien’s parent who was 
the principal beneficiary of the petition, then, 
upon the parent’s admission to lawful perma-
nent residence in the United States, the petition 
shall automatically be converted to a petition 
filed by the parent for classification of the alien 
under subsection (a)(2) and the petition shall 
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373 
retain the priority date established by the origi-
nal petition. 
‘‘(B) FAMILY
AND
EMPLOYMENT-BASED 
PETITIONS.—The priority date for any family- 
or employment-based petition shall be the date 
of filing of the petition with the Secretary of 
Homeland Security (or the Secretary of State, 
if applicable), unless the filing of the petition 
was preceded by the filing of a labor certifi-
cation with the Secretary of Labor, in which 
case that date shall constitute the priority date. 
The beneficiary of any petition shall retain his 
or her earliest priority date based on any peti-
tion filed on his or her behalf that was approv-
able when filed, regardless of the category of 
subsequent petitions.’’. 
(6) PROCEDURE
FOR
GRANTING
IMMIGRANT 
STATUS.— 
(A) PETITIONING
PROCEDURE.—Section 
204 (8 U.S.C. 1154) is amended— 
(i) by striking subsection (a) and in-
serting the following: 
‘‘(a) PETITIONING PROCEDURE.— 
‘‘(1) IN GENERAL.—(A) Except as provided in 
subparagraph (H), any citizen of the United States 
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374 
or alien lawfully admitted for permanent residence 
claiming that an alien is entitled to classification by 
reason of a relationship described in subparagraph 
(A) or (B) of section 203(a)(1) or to an immediate 
relative status under section 201(b)(2)(A) may file a 
petition with the Secretary of Homeland Security for 
such classification. 
‘‘(B) An alien spouse or alien child described in 
section 201(b)(2)(C) may file a petition with the 
Secretary under this paragraph for classification of 
the alien (and the alien’s children) under such sec-
tion. 
‘‘(C)(i) An alien who is described in clause (ii) 
may file a petition with the Secretary under this 
subparagraph for classification of the alien (and any 
child of the alien) if the alien demonstrates to the 
Secretary that— 
‘‘(I) the marriage or the intent to marry 
the citizen of the United States or lawful per-
manent resident was entered into in good faith 
by the alien; and 
‘‘(II) during the marriage or relationship 
intended by the alien to be legally a marriage, 
the alien or a child of the alien has been bat-
tered or has been the subject of extreme cruelty 
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375 
perpetrated by the alien’s spouse or intended 
spouse. 
‘‘(ii) For purposes of clause (i), an alien de-
scribed in this clause is an alien— 
‘‘(I)(aa) who is the spouse of a citizen of 
the United States or lawful permanent resident; 
‘‘(bb) who believed that he or she had mar-
ried a citizen of the United States or lawful 
permanent resident and with whom a marriage 
ceremony was actually performed and who oth-
erwise meets any applicable requirements under 
this Act to establish the existence of and bona 
fides of a marriage, but whose marriage is not 
legitimate solely because of the bigamy of such 
citizen of the United States or lawful perma-
nent resident; or 
‘‘(cc) who was a bona fide spouse of a cit-
izen of the United States or a lawful permanent 
resident within the past 2 years and— 
‘‘(AA) whose spouse died within the 
past 2 years; 
‘‘(BB) whose spouse renounced citi-
zenship status or renounced or lost status 
as a lawful permanent resident within the 
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376 
past 2 years related to an incident of do-
mestic violence; or 
‘‘(CC) who demonstrates a connection 
between the legal termination of the mar-
riage within the past 2 years and battering 
or extreme cruelty by a spouse who is a 
citizen of the United States or a lawful 
permanent resident spouse; 
‘‘(II) who is a person of good moral char-
acter; 
‘‘(III) who is eligible to be classified as an 
immediate relative under section 201(b)(2)(A) 
or who would have been so classified but for the 
bigamy of the citizen of the United States that 
the alien intended to marry; and 
‘‘(IV) who has resided with the alien’s 
spouse or intended spouse. 
‘‘(D) An alien who is the child of a citizen or 
lawful permanent resident of the United States, or 
who was a child of a United States citizen or lawful 
permanent resident parent who within the past 2 
years lost or renounced citizenship status related to 
an incident of domestic violence, and who is a person 
of good moral character, who is eligible to be classi-
fied as an immediate relative under section 
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377 
201(b)(2)(A), and who resides, or has resided in the 
past, with the citizen or lawful permanent resident 
parent may file a petition with the Secretary of 
Homeland Security under this paragraph for classi-
fication of the alien (and any child of the alien) 
under such section if the alien demonstrates to the 
Secretary that the alien has been battered by or has 
been the subject of extreme cruelty perpetrated by 
the alien’s citizen or lawful permanent resident par-
ent. For purposes of this subparagraph, residence 
includes any period of visitation. 
‘‘(E) An alien who— 
‘‘(i) is the spouse, intended spouse, or child 
living abroad of a citizen or lawful permanent 
resident who— 
‘‘(I) is an employee of the United 
States Government; 
‘‘(II) is a member of the uniformed 
services (as defined in section 101(a) of 
title 10, United States Code); or 
‘‘(III) has subjected the alien or the 
alien’s child to battery or extreme cruelty 
in the United States; and 
‘‘(ii) is eligible to file a petition under sub-
paragraph (C) or (D), 
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378 
shall file such petition with the Secretary of Home-
land Security under the procedures that apply to 
self-petitioners under subparagraph (C) or (D), as 
applicable. 
‘‘(F) For the purposes of any petition filed 
under 
subparagraph 
(C) 
or 
(D), 
the 
denaturalization, loss or renunciation of citizenship 
or lawful permanent resident status, death of the 
abuser, divorce, or changes to the abuser’s citizen-
ship or lawful permanent resident status after filing 
of the petition shall not adversely affect the approval 
of the petition, and for approved petitions shall not 
preclude the classification of the eligible self-peti-
tioning spouse or child as an immediate relative or 
affect the alien’s ability to adjust status under sub-
sections (a) and (c) of section 245 or obtain status 
as a lawful permanent resident based on the ap-
proved self-petition under such clauses. 
‘‘(G) An alien may file a petition with the Sec-
retary of Homeland Security under this paragraph 
for 
classification 
of 
the 
alien 
under 
section 
201(b)(2)(A) if the alien— 
‘‘(i) is the parent of a citizen of the United 
States or was a parent of a citizen of the 
United States who, within the past 2 years, lost 
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379 
or renounced citizenship status related to an in-
cident of domestic violence or died; 
‘‘(ii) is a person of good moral character; 
‘‘(iii) is eligible to be classified as an im-
mediate relative under section 201(b)(2)(A); 
‘‘(iv) resides, or has resided, with the cit-
izen daughter or son; and 
‘‘(v) demonstrates that the alien has been 
battered or subject to extreme cruelty by the 
citizen daughter or son. 
‘‘(H)(i) Subparagraph (A) shall not apply to a 
citizen of the United States who has been convicted 
of a specified offense against a minor, unless the 
Secretary of Homeland Security, in the Secretary’s 
sole and unreviewable discretion, determines that the 
citizen poses no risk to the alien with respect to 
whom a petition described in subparagraph (A) is 
filed. 
‘‘(ii) For purposes of clause (i), the term ‘speci-
fied offense against a minor’ has the meaning given 
such term in section 111 of the Adam Walsh Child 
Protection and Safety Act of 2006 (42 U.S.C. 
16911). 
‘‘(2) DETERMINATION OF GOOD MORAL CHAR-
ACTER.—Notwithstanding section 101(f), an act or 
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380 
conviction that is waivable with respect to the peti-
tioner for purposes of a determination of the peti-
tioner’s admissibility under section 212(a) or deport-
ability under section 237(a) shall not bar the Sec-
retary of Homeland Security from finding the peti-
tioner to be of good moral character under subpara-
graph (C) or (D) of paragraph (1), if the Secretary 
finds that the act or conviction was connected to the 
alien’s having been battered or subjected to extreme 
cruelty. 
‘‘(3) PREFERENCE STATUS.—(A)(i) Any child 
who attains 21 years of age who has filed a petition 
under paragraph (1)(D) that was filed or approved 
before the date on which the child attained 21 years 
of age shall be considered (if the child has not been 
admitted or approved for lawful permanent residence 
by the date the child attained 21 years of age) a pe-
titioner for preference status under paragraph (1), 
(2), or (3) of section 203(a), whichever paragraph is 
applicable, with the same priority date assigned to 
the self-petition filed under paragraph (1)(D). No 
new petition shall be required to be filed. 
‘‘(ii) Any individual described in clause (i) is el-
igible for deferred action and work authorization. 
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381 
‘‘(iii) Any derivative child who attains 21 years 
of age who is included in a petition described in sub-
paragraph (B) that was filed or approved before the 
date on which the child attained 21 years of age 
shall be considered (if the child has not been admit-
ted or approved for lawful permanent residence by 
the date the child attained 21 years of age) a VAWA 
self-petitioner with the same priority date as that as-
signed to the petitioner in any petition described in 
subparagraph (B). No new petition shall be required 
to be filed. 
‘‘(iv) Any individual described in clause (iii) and 
any derivative child of a petitioner described in sub-
paragraph (B) is eligible for deferred action and 
work authorization. 
‘‘(B) The petition referred to in subparagraph 
(A)(iii) is a petition filed by an alien under subpara-
graph (C) or (D) of paragraph (1) in which the child 
is included as a derivative beneficiary. 
‘‘(C) Nothing in the amendments made by the 
Child Status Protection Act (Public Law 107–208; 
116 Stat. 927) shall be construed to limit or deny 
any right or benefit provided under this paragraph. 
‘‘(D) Any alien who benefits from this para-
graph may adjust status in accordance with sub-
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382 
sections (a) and (c) of section 245 as an alien hav-
ing an approved petition for classification under sub-
paragraph (C) or (D) of paragraph (1). 
‘‘(E) For purposes of this paragraph, an indi-
vidual who is not less than 21 years of age, who 
qualified to file a petition under paragraph (1)(D) 
as of the minute before the date on which the indi-
vidual attained 21 years of age, and who did not file 
such a petition before such day, shall be treated as 
having filed a petition under such paragraph as of 
such day if a petition is filed for the status described 
in such paragraph before the individual attains 25 
years of age and the individual shows that the abuse 
was at least 1 central reason for the filing delay. 
Subparagraphs (A) through (D) shall apply to an in-
dividual described in this subparagraph in the same 
manner as an individual filing a petition under para-
graph (1)(D). 
‘‘(4) CLASSIFICATION
AS
ALIEN
WITH
EX-
TRAORDINARY
ABILITY.—Any alien desiring to be 
classified under subparagraph (I), (J), (K), (L), or 
(M) of section 201(b)(1) or section 203(b)(1)(A), or 
any person on behalf of such an alien, may file a pe-
tition with the Secretary of Homeland Security for 
such classification. 
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383 
‘‘(5) CLASSIFICATION AS EMPLOYMENT-BASED 
IMMIGRANT.—Any employer desiring and intending 
to employ within the United States an alien entitled 
to classification under paragraph (1)(B), (1)(C), (2), 
or (3) of section 203(b) may file a petition with the 
Secretary of Homeland Security for such classifica-
tion. 
‘‘(6) 
CLASSIFICATION
AS
SPECIAL
IMMI-
GRANT.—(A) Any alien (other than a special immi-
grant under section 101(a)(27)(D)) desiring to be 
classified under section 203(b)(4), or any person on 
behalf of such an alien, may file a petition with the 
Secretary of Homeland Security for such classifica-
tion. 
‘‘(B) Aliens claiming status as a special immi-
grant under section 101(a)(27)(D) may file a peti-
tion only with the Secretary of State and only after 
notification by the Secretary that such status has 
been recommended and approved pursuant to such 
section. 
‘‘(7) CLASSIFICATION
AS
IMMIGRANT
INVES-
TOR.—Any alien desiring to be classified under para-
graph (5) or (6) of section 203(b) may file a petition 
with the Secretary of Homeland Security for such 
classification. 
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384 
‘‘(8) DIVERSITY VISA.—(A) Any alien desiring 
to be provided an immigrant visa under section 
203(c) may file a petition at the place and time de-
termined by the Secretary of State by regulation. 
Only 1 such petition may be filed by an alien with 
respect to any petitioning period established. If more 
than 1 petition is submitted all such petitions sub-
mitted for such period by the alien shall be voided. 
‘‘(B)(i) The Secretary of State shall designate 
a period for the filing of petitions with respect to 
visas which may be issued under section 203(c) for 
the fiscal year beginning after the end of the period. 
‘‘(ii) Aliens who qualify, through random selec-
tion, for a visa under section 203(c) shall remain eli-
gible to receive such visa only through the end of the 
specific fiscal year for which they were selected. 
‘‘(iii) The Secretary of State shall prescribe 
such regulations as may be necessary to carry out 
this subparagraph. 
‘‘(C) A petition under this paragraph shall be 
in such form as the Secretary of State may by regu-
lation prescribe and shall contain such information 
and be supported by such documentary evidence as 
the Secretary of State may require. 
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385 
‘‘(D) Each petition to compete for consideration 
for a visa under section 203(c) shall be accompanied 
by a fee equal to $30. All amounts collected under 
this subparagraph shall be deposited into the Treas-
ury as miscellaneous receipts. 
‘‘(9) 
CONSIDERATION
OF
CREDIBLE
EVI-
DENCE.—In acting on petitions filed under subpara-
graph (C) or (D) of paragraph (1), or in making de-
terminations under paragraphs (2) and (3), the Sec-
retary of Homeland Security shall consider any cred-
ible evidence relevant to the petition. The determina-
tion of what evidence is credible and the weight to 
be given that evidence shall be within the sole discre-
tion of the Secretary. 
‘‘(10) WORK AUTHORIZATION.—(A) Upon the 
approval of a petition as a VAWA self-petitioner, the 
alien— 
‘‘(i) is eligible for work authorization; and 
‘‘(ii) may be provided an ‘employment au-
thorized’ endorsement or appropriate work per-
mit incidental to such approval. 
‘‘(B) Notwithstanding any provision of this Act 
restricting eligibility for employment in the United 
States, the Secretary of Homeland Security shall 
grant employment authorization to an alien who has 
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386 
filed an application for status as a VAWA self-peti-
tioner on the date that is the earlier of— 
‘‘(i) the date on which the alien’s applica-
tion for such status is approved; or 
‘‘(ii) a date determined by the Secretary 
that is not later than 180 days after the date 
on which the alien filed the application. 
‘‘(11) 
LIMITATION.—Notwithstanding 
para-
graphs (1) through (10), an individual who was a 
VAWA petitioner or who had the status of a non-
immigrant under subparagraph (T) or (U) of section 
101(a)(15) may not file a petition for classification 
under this section or section 214 to classify any per-
son who committed the battery or extreme cruelty or 
trafficking against the individual (or the individual’s 
child), which established the individual’s (or individ-
ual’s child’s) eligibility as a VAWA petitioner or for 
such nonimmigrant status.’’; 
(ii) in subsection (c)(1), by striking 
‘‘or preference status’’; and 
(iii) in subsection (h), by striking ‘‘or 
a 
petition 
filed 
under 
subsection 
(a)(1)(B)(ii)’’. 
(B) 
CONFORMING
AMENDMENTS.—The 
Act (8 U.S.C. 1101 et seq.) is amended— 
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387 
(i) in section 101(a)— 
(I) in paragraph (15)(K), by 
striking ‘‘204(a)(1)(A)(viii)(I)’’ each 
place such term appears and inserting 
‘‘204(a)(1)(H)(i)’’; 
(II) in paragraph (50), by strik-
ing 
‘‘204(a)(1)(A)(iii)(II)(aa)(BB), 
204(a)(1)(B)(ii)(II)(aa)(BB),’’ and in-
serting ‘‘204(a)(1)(C)(ii)(I)(bb) or’’; 
and 
(III) in paragraph (51)— 
(aa) in subparagraph (A), 
by striking ‘‘204(a)(1)(A)’’ and 
inserting ‘‘204(a)(1)’’; 
(bb) by striking subpara-
graph (B); and 
(cc) by redesignating sub-
paragraphs (C), (D), (E), (F), 
and (G) as subparagraphs (B), 
(C), (D), (E), and (F), respec-
tively; 
(ii) in section 212(a)(4)(C)(i)— 
(I) in subclause (I), by striking 
‘‘clause (ii), (iii), or (iv) of section 
204(a)(1)(A), or’’ and inserting ‘‘sub-
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388 
paragraph (B), (C), or (D) of section 
204(a)(1);’’; 
(II) by striking subclause (II); 
and 
(III) by redesignating subclause 
(III) as subclause (II); 
(iii) in section 216(c)(4)(D), by strik-
ing ‘‘204(a)(1)(A)(iii)(II)(aa)(BB)’’ and 
inserting ‘‘204(a)(1)(C)(ii)(I)(bb)’’; and 
(iv) in section 240(c)(7)(C)(iv)(I), by 
striking ‘‘clause (iii) or (iv) of section 
204(a)(1)(A), clause (ii) or (iii) of section 
204(a)(1)(B),’’ and inserting ‘‘subpara-
graph (C) or (D) of section 204(a)(1),’’. 
(7) 
EXCLUDABLE
ALIENS.—Section 
212(d)(12)(B) (8 U.S.C. 1182(d)(12)(B)) is amend-
ed by striking ‘‘section 201(b)(2)(A)’’ and inserting 
‘‘section 
201(b)(2) 
(other 
than 
subparagraph 
(B)(vi))’’. 
(8) ADMISSION
OF
NONIMMIGRANTS.—Section 
214(r)(3)(A) (8 U.S.C. 1184(r)(3)(A)) is amended 
by striking ‘‘section 201(b)(2)(A)(i).’’ and inserting 
‘‘section 201(b)(2) (other than clause (v) or (vi) of 
subparagraph (B)).’’. 
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389 
(9) REFUGEE CRISIS IN IRAQ ACT OF 2007.— 
Section 1243(a)(4) of the Refugee Crisis in Iraq Act 
of 2007 (8 U.S.C. 1157 note) is amended by strik-
ing ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 
201(b)(2) (other than clause (v) or (vi) of subpara-
graph (B))’’. 
(10) PROCESSING
OF
VISA
APPLICATIONS.— 
Section 233 of the Department of State Authoriza-
tion Act, Fiscal Year 2003 (8 U.S.C. 1201 note) is 
amended by striking ‘‘section 201(b)(2)(A)(i)’’ and 
inserting ‘‘section 201(b)(2) (other than clause (v) 
or (vi) of subparagraph (B))’’. 
(11) ADJUSTMENT OF STATUS.—Section 245(a) 
(8 U.S.C. 1255(a)) is amended to read as follows: 
‘‘(a)(1) The status of an alien who was inspected and 
admitted or paroled into the United States or the status 
of any other alien having an approved petition for classi-
fication as a VAWA self-petitioner may be adjusted by the 
Attorney General or the Secretary of Homeland Security, 
in the Attorney General’s or the Secretary’s discretion and 
under such regulations as the Attorney General or Sec-
retary may prescribe, to that of an alien lawfully admitted 
for permanent residence (regardless of whether the alien 
has already been admitted for permanent residence) if— 
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390 
‘‘(A) the alien makes an application for such 
adjustment; 
‘‘(B) the alien is eligible to receive an immi-
grant visa and is admissible to the United States for 
permanent residence; and 
‘‘(C) subject to paragraph (2), an immigrant 
visa is immediately available to the alien at the time 
the alien’s application is filed. 
‘‘(2)(A) An application that is based on a petition ap-
proved or approvable under subparagraph (A) or (B) of 
section 204(a)(1) may be filed without regard to the limi-
tation set forth in paragraph (1)(C). 
‘‘(B) An application for adjustment filed for an alien 
under this paragraph may not be approved until such time 
as an immigrant visa becomes available for the alien.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR-
EIGN STATES. 
(a) NUMERICAL LIMITATION TO ANY SINGLE FOR-
EIGN STATE.—Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is 
amended— 
(1) in the paragraph heading, by striking ‘‘AND 
EMPLOYMENT-BASED’’; 
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391 
(2) by striking ‘‘(3), (4), and (5),’’ and insert-
ing ‘‘(3) and (4),’’; 
(3) by striking ‘‘subsections (a) and (b) of sec-
tion 203’’ and inserting ‘‘section 203(a)’’; 
(4) by striking ‘‘7’’ and inserting ‘‘15’’; and 
(5) by striking ‘‘such subsections’’ and inserting 
‘‘such section’’. 
(b) CONFORMING AMENDMENTS.—Section 202 (8 
U.S.C. 1152) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘both 
subsections (a) and (b) of section 203’’ and in-
serting ‘‘section 203(a)’’; and 
(B) by striking paragraph (5); and 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 
If it is determined that the total number of immigrant 
visas made available under section 203(a) to natives of 
any single foreign state or dependent area will exceed the 
numerical limitation specified in subsection (a)(2) in any 
fiscal year, in determining the allotment of immigrant visa 
numbers to natives under section 203(a), visa numbers 
with respect to natives of that state or area shall be allo-
cated (to the extent practicable and otherwise consistent 
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392 
with this section and section 203) in a manner so that, 
except as provided in subsection (a)(4), the proportion of 
the visa numbers made available under each of paragraphs 
(1) through (4) of section 203(a) is equal to the ratio of 
the total number of visas made available under the respec-
tive paragraph to the total number of visas made available 
under section 203(a).’’. 
(c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 
Chinese Student Protection Act of 1992 (8 U.S.C. 1255 
note) is amended— 
(1) in subsection (a), by striking ‘‘subsection 
(e))’’ and inserting ‘‘subsection (d))’’; and 
(2) by striking subsection (d) and redesignating 
subsection (e) as subsection (d). 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 1 year after the date of the 
enactment of this Act. 
SEC. 2307. ALLOCATION OF IMMIGRANT VISAS. 
(a) PREFERENCE ALLOCATION FOR FAMILY-SPON-
SORED IMMIGRANTS.— 
(1) IN
GENERAL.—Section 203(a) (8 U.S.C. 
1153(a)), as amended by section 2305(b), is further 
amended to read as follows: 
‘‘(a) PREFERENCE ALLOCATION FOR FAMILY-SPON-
SORED IMMIGRANTS.—Aliens subject to the worldwide 
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393 
level specified in section 201(c) for family-sponsored immi-
grants shall be allotted visas as follows: 
‘‘(1) SONS
AND
DAUGHTERS
OF
CITIZENS.— 
Qualified immigrants who are— 
‘‘(A) the unmarried sons or unmarried 
daughters but not the children of citizens of the 
United States shall be allocated visas in a num-
ber not to exceed 35 percent of the worldwide 
level authorized in section 201(c), plus the sum 
of— 
‘‘(i) the number of visas not required 
for the class specified in paragraph (2) for 
the current fiscal year; and 
‘‘(ii) the number of visas not required 
for the class specified in subparagraph (B); 
or 
‘‘(B) the married sons or married daugh-
ters of citizens of the United States who are 31 
years of age or younger at the time of filing a 
petition under section 204 shall be allocated 
visas in a number not to exceed 25 percent of 
the worldwide level authorized in section 201(c), 
plus the number of any visas not required for 
the class specified in subparagraph (A) current 
fiscal year. 
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394 
‘‘(2) SONS
AND
DAUGHTERS
OF
PERMANENT 
RESIDENTS.—Qualified immigrants who are the un-
married sons or unmarried daughters of aliens ad-
mitted for permanent residence shall be allocated 
visas in a number not to exceed 40 percent of the 
worldwide level authorized in section 201(c), plus 
any visas not required for the class specified in para-
graph (1)(A).’’. 
(2) CONFORMING AMENDMENTS.— 
(A) PROCEDURE
FOR
GRANTING
IMMI-
GRANT STATUS.—Section 204(f)(1) (8 U.S.C. 
1154(f)(1)) is amended by striking ‘‘section 
201(b), 203(a)(1), or 203(a)(3),’’ and inserting 
‘‘section 201(b) or subparagraph (A) or (B) of 
section 203(a)(1)’’. 
(B) AUTOMATIC
CONVERSION.—For the 
purposes of any petition pending or approved 
based on a relationship described— 
(i) in subparagraph (A) of section 
203(a)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(a)(1)), as amend-
ed by paragraph (1), and notwithstanding 
the age of the alien, such a petition shall 
be deemed reclassified as a petition based 
on a relationship described in subpara-
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395 
graph (B) of such section 203(a)(1) upon 
the marriage of such alien; or 
(ii) in subparagraph (B) of such sec-
tion 203(a)(1), such a petition shall be 
deemed reclassified as a petition based on 
a relationship described in subparagraph 
(A) of such section 203(a)(1) upon the 
legal termination of marriage or death of 
such alien’s spouse. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the first day 
of the first fiscal year that begins at least 18 months 
following the date of the enactment of this Act. 
(b) PREFERENCE ALLOCATION FOR EMPLOYMENT- 
BASED IMMIGRANTS.— 
(1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. 
1151(b)(1)), as amended by sections 2103(c) and 
2212(d), is further amended by adding at the end 
the following: 
‘‘(H) Derivative beneficiaries as described 
in section 203(d) of employment-based immi-
grants under section 203(b). 
‘‘(I) Aliens with extraordinary ability in 
the sciences, arts, education, business, or ath-
letics which has been demonstrated by sus-
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396 
tained national or international acclaim, if, with 
respect to any such alien— 
‘‘(i) the achievements of such alien 
have been recognized in the field through 
extensive documentation; 
‘‘(ii) such alien seeks to enter the 
United States to continue work in the area 
of extraordinary ability; and 
‘‘(iii) the entry of such alien into the 
United States will substantially benefit 
prospectively the United States. 
‘‘(J) Aliens who are outstanding professors 
and researchers if, with respect to any such 
alien— 
‘‘(i) the alien is recognized inter-
nationally as outstanding in a specific aca-
demic area; 
‘‘(ii) the alien has at least 3 years of 
experience in teaching or research in the 
academic area; and 
‘‘(iii) the alien seeks to enter the 
United States— 
‘‘(I) to be employed in a tenured 
position (or tenure-track position) 
within a not for profit university or 
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397 
institution of higher education to 
teach in the academic area; 
‘‘(II) for employment in a com-
parable position with a not for profit 
university or institution of higher edu-
cation, or a governmental research or-
ganization, to conduct research in the 
area; or 
‘‘(III) for employment in a com-
parable position to conduct research 
in the area with a department, divi-
sion, or institute of a private em-
ployer, if the department, division, or 
institute employs at least 3 persons 
full-time in research activities and has 
achieved documented accomplishments 
in an academic field. 
‘‘(K) Aliens who are multinational execu-
tives and managers if, with respect to any such 
alien— 
‘‘(i) in the 3 years preceding the time 
of the alien’s application for classification 
and admission into the United States 
under this subparagraph, the alien has 
been employed for at least 1 year by a firm 
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398 
or corporation or other legal entity or an 
affiliate or subsidiary thereof; and 
‘‘(ii) the alien seeks to enter the 
United States in order to continue to 
render services to the same employer or to 
a subsidiary or affiliate thereof in a capac-
ity that is managerial or executive. 
‘‘(L) Aliens who have earned a doctorate 
degree from an institution of higher education 
in the United States or the foreign equivalent. 
‘‘(M) Alien physicians who have completed 
the foreign residency requirements under sec-
tion 212(e) or obtained a waiver of these re-
quirements or an exemption requested by an in-
terested State agency or by an interested Fed-
eral agency under section 214(l), including 
those alien physicians who completed such serv-
ice before the date of the enactment of the Bor-
der Security, Economic Opportunity, and Immi-
gration Modernization Act. 
‘‘(N) ADVANCED
DEGREES
IN
A
STEM 
FIELD.— 
‘‘(i) IN
GENERAL.—An immigrant 
who— 
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399 
‘‘(I) has earned a master’s or 
higher degree in a field of science, 
technology, engineering, or mathe-
matics included in the Department of 
Education’s Classification of Instruc-
tional Programs taxonomy within the 
summary groups of computer and in-
formation sciences and support serv-
ices, engineering, mathematics and 
statistics, biological and biomedical 
sciences, and physical sciences, from a 
United States institution of higher 
education; 
‘‘(II) has an offer of employment 
from a United States employer in a 
field related to such degree; and 
‘‘(III) earned the qualifying grad-
uate degree during the 5-year period 
immediately before the initial filing 
date of the petition under which the 
nonimmigrant is a beneficiary. 
‘‘(ii) DEFINITION.—In this subpara-
graph, the term ‘United States institution 
of higher education’ means an institution 
that— 
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400 
‘‘(I) 
is 
described 
in 
section 
101(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1001(a)) or is a 
proprietary institution of higher edu-
cation (as defined in section 102(b) of 
such Act (20 U.S.C. 1002(b))); 
‘‘(II) was classified by the Car-
negie Foundation for the Advance-
ment of Teaching on January 1, 
2012, as a doctorate-granting univer-
sity with a very high or high level of 
research activity or classified by the 
National Science Foundation after the 
date of enactment of this subpara-
graph, pursuant to an application by 
the institution, as having equivalent 
research activity to those institutions 
that had been classified by the Car-
negie Foundation as being doctorate- 
granting universities with a very high 
or high level of research activity; and 
‘‘(III) is accredited by an accred-
iting body that is itself accredited ei-
ther by the Department of Education 
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401 
or by the Council for Higher Edu-
cation Accreditation.’’. 
(2) EXCEPTION
FROM
LABOR
CERTIFICATION 
REQUIREMENT
FOR
STEM
IMMIGRANTS.—Section 
212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is amended 
to read as follows: 
‘‘(D) APPLICATION OF GROUNDS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the grounds for inad-
missibility of aliens under subparagraphs 
(A) and (B) shall apply to immigrants 
seeking admission or adjustment of status 
under paragraph (2) or (3) of section 
203(b). 
‘‘(ii) SPECIAL RULE FOR STEM IMMI-
GRANTS.—The grounds for inadmissibility 
of aliens under subparagraph (A) shall not 
apply to an immigrant seeking admission 
or adjustment of status under section 
203(b)(2)(B) or 201(b)(1)(N).’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TREATMENT OF DERIVATIVE FAMILY MEM-
BERS.—Section 203(d) (8 U.S.C. 1153(d)) is 
amended to read as follows: 
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402 
‘‘(d) TREATMENT OF FAMILY MEMBERS.—If accom-
panying or following to join a spouse or parent issued a 
visa under subsection (a), (b), or (c), subparagraph (I), 
(J), (K), (L), or (M) of section 201(b)(1), or section 
201(b)(2), a spouse or child (as defined in subparagraph 
(A), (B), (C), (D), or (E) of section 101(b)(1)) shall be 
entitled to the same immigrant status and the same order 
of consideration provided in the respective provision.’’. 
(2) ALIENS WHO ARE PRIORITY WORKERS OR 
MEMBERS
OF
THE
PROFESSIONS
HOLDING
AD-
VANCED
DEGREES.—Section 203(b) (8 U.S.C. 
1153(b)) is amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Aliens’’ and inserting ‘‘Other than 
aliens described in paragraph (1) or (2)(B), 
aliens’’; 
(B) in paragraph (1), by striking the mat-
ter preceding subparagraph (A) and inserting 
‘‘Aliens described in any of the following sub-
paragraphs may be admitted to the United 
States without respect to the worldwide level 
specified in section 201(d)’’; and 
(C) by amending paragraph (2) to read as 
follows: 
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403 
‘‘(2) ALIENS WHO ARE MEMBERS OF PROFES-
SIONS HOLDING ADVANCED DEGREES OR PROSPEC-
TIVE EMPLOYEES OF NATIONAL SECURITY FACILI-
TIES.— 
‘‘(A) IN GENERAL.—Visas shall be made 
available, in a number not to exceed 40 percent 
of the worldwide level authorized in section 
201(d), plus any visas not required for the 
classes specified in paragraph (5) to qualified 
immigrants who are either of the following: 
‘‘(i) Members of the professions hold-
ing advanced degrees or their equivalent 
whose services in the sciences, arts, profes-
sions, or business are sought by an em-
ployer in the United States, including alien 
physicians holding foreign medical degrees 
that have been deemed sufficient for ac-
ceptance by an accredited United States 
medical residency or fellowship program. 
‘‘(ii) Prospective employees, in a re-
search capacity, of Federal national secu-
rity, science, and technology laboratories, 
centers, and agencies, if such immigrants 
have been lawfully present in the United 
States for two years prior to employment 
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404 
(unless the Secretary of Homeland Secu-
rity determines, including upon request of 
the prospective laboratory, center, or agen-
cy, that exceptional circumstances exist 
justifying waiver of the presence require-
ment). 
‘‘(B) WAIVER OF JOB OFFER.— 
‘‘(i) NATIONAL INTEREST WAIVER.— 
Subject to clause (ii), the Secretary of 
Homeland Security may, if the Secretary 
deems it to be in the national interest, 
waive the requirements of subparagraph 
(A) that an alien’s services in the sciences, 
arts, professions, or business be sought by 
an employer in the United States. 
‘‘(ii) PHYSICIANS WORKING IN SHORT-
AGE AREAS OR VETERANS FACILITIES.— 
‘‘(I) IN
GENERAL.—The Sec-
retary shall grant a national interest 
waiver pursuant to clause (i) on be-
half of any alien physician with re-
spect to whom a petition for pref-
erence classification has been filed 
under subparagraph (A) if— 
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405 
‘‘(aa) the alien physician 
agrees to work on a full- time 
basis practicing primary care, 
specialty medicine, or a combina-
tion thereof, in an area or areas 
designated by the Secretary of 
Health and Human Services as 
having a shortage of health care 
professionals or at a health care 
facility under the jurisdiction of 
the Secretary of Veterans Affairs; 
or 
‘‘(bb) the alien physician is 
pursuing such waiver based upon 
service at a facility or facilities 
that serve patients who reside in 
a geographic area or areas des-
ignated by the Secretary of 
Health and Human Services as 
having a shortage of health care 
professionals (without regard to 
whether such facility or facilities 
are located within such an area) 
and a Federal agency or a local, 
county, regional, or State depart-
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406 
ment of public health determines 
that the alien physician’s work at 
such facility was or will be in the 
public interest. 
‘‘(II) PROHIBITION.— 
‘‘(aa) No permanent resi-
dent visa may be issued to an 
alien physician described in sub-
clause (I) by the Secretary of 
State under section 204(b), and 
the Secretary of Homeland Secu-
rity may not adjust the status of 
such an alien physician from that 
of a nonimmigrant alien to that 
of a permanent resident alien 
under section 245, until such 
time as the alien has worked full 
time as a physician for an aggre-
gate of 5 years (not including the 
time served in the status of an 
alien 
described 
in 
section 
101(a)(15)(J)), in an area or 
areas designated by the Secretary 
of Health and Human Services 
as having a shortage of health 
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407 
care professionals or at a health 
care facility under the jurisdic-
tion of the Secretary of Veterans 
Affairs, or at a facility or facili-
ties meeting the requirements of 
subclause (I)(bb). 
‘‘(bb) The 5-year service re-
quirement of item (aa) shall be 
counted from the date the alien 
physician begins work in the 
shortage area in any legal status 
and not the date an immigrant 
visa petition is filed or approved. 
Such service shall be aggregated 
without regard to when such 
service began and without regard 
to whether such service began 
during or in conjunction with a 
course of graduate medical edu-
cation. 
‘‘(cc) An alien physician 
shall not be required to submit 
an employment contract with a 
term exceeding the balance of the 
5-year commitment yet to be 
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408 
served, nor an employment con-
tract dated within a minimum 
time period prior to filing of a 
visa petition pursuant to this 
subsection. 
‘‘(dd) An alien physician 
shall not be required to file addi-
tional immigrant visa petitions 
upon a change of work location 
from the location approved in the 
original national interest immi-
grant petition. 
‘‘(III) STATUTORY
CONSTRUC-
TION.—Nothing in this subparagraph 
may be construed to prevent the filing 
of a petition with the Secretary of 
Homeland Security for classification 
under section 204(a), by an alien phy-
sician described in subclause (I) prior 
to the date by which such alien physi-
cian has completed the service de-
scribed in subclause (II) or in section 
214(l). 
‘‘(C) GUIDANCE
AND
RULES.—The Sec-
retary may prescribe such policy guidance and 
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409 
rules as the Secretary considers appropriate for 
purposes of subparagraph (A) to ensure na-
tional security and promote the interests and 
competitiveness of the United States. Such 
rules shall include a definition of the term ‘Fed-
eral national security, science, and technology 
laboratories, centers, and agencies’ for purposes 
of clause (ii) of subparagraph (A), which shall 
include the following: 
‘‘(i) The national security, science, 
and technology laboratories, centers, and 
agencies of the Department of Defense, the 
Department of Energy, the Department of 
Homeland Security, the elements of the in-
telligence community (as that term is de-
fined in section 4(3) of the National Secu-
rity Act of 1947), and any other depart-
ment or agency of the Federal Government 
that conducts or funds research and devel-
opment in the essential national interest. 
‘‘(ii) Federally funded research and 
development centers (FFRDCs) that are 
primarily supported by a department or 
agency of the Federal Government speci-
fied in clause (i).’’. 
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410 
(3) SKILLED WORKERS, PROFESSIONALS, AND 
OTHER WORKERS.— 
(A) IN
GENERAL.—Section 203(b)(3)(A) 
(8 U.S.C. 1153(b)(3)(A)) is amended by strik-
ing ‘‘in a number not to exceed 28.6 percent of 
such worldwide level, plus any visas not re-
quired for the classes specified in paragraphs 
(1) and (2),’’ and inserting ‘‘in a number not 
to exceed 40 percent of the worldwide level au-
thorized in section 201(d), plus any visas not 
required for the class specified in paragraph 
(2),’’. 
(B) MEDICAL LICENSE REQUIREMENTS.— 
Section 214(i)(2)(A) (8 U.S.C. 1184(i)(2)(A)) 
is amended by adding at the end ‘‘including in 
the case of a medical doctor, the licensure re-
quired to practice medicine in the United 
States,’’. 
(C) REPEAL
OF
LIMITATION
ON
OTHER 
WORKERS.—Section 
203(b)(3) 
(8 
U.S.C. 
1153(b)(3)) is amended— 
(i) by striking subparagraph (B); and 
(ii) redesignated subparagraph (C) as 
subparagraph (B). 
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411 
(4) CERTAIN
SPECIAL
IMMIGRANTS.—Section 
203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by 
striking ‘‘in a number not to exceed 7.1 percent of 
such worldwide level,’’ and inserting ‘‘in a number 
not to exceed 10 percent of the worldwide level au-
thorized in section 201(d), plus any visas not re-
quired for the class specified in paragraph (3),’’. 
(5) 
EMPLOYMENT
CREATION.—Section 
203(b)(5)(A) (8 U.S.C. 1153(b)(5)(A)) is amended 
by striking ‘‘in a number not to exceed 7.1 percent 
of such worldwide level,’’ and inserting ‘‘in a number 
not to exceed 10 percent of the worldwide level au-
thorized in section 201(d), plus any visas not re-
quired for the class specified in paragraph (4),’’. 
(d) NATURALIZATION OF EMPLOYEES OF CERTAIN 
NATIONAL SECURITY FACILITIES WITHOUT REGARD TO 
RESIDENCY REQUIREMENTS.—Section 316 (8 U.S.C. 
1427) is amended by adding at the end the following: 
‘‘(g)(1) Any person who, while an alien or a noncit-
izen national of the United States, has been employed in 
a research capacity at a Federal national security, science, 
and technology laboratory, center, or agency (as defined 
pursuant to section 203(b)(2)(C)) for a period or periods 
aggregating one year or more may, in the discretion of 
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412 
the Secretary, be naturalized without regard to the resi-
dence requirements of this section if the person— 
‘‘(A) has complied with all requirements as de-
termined by the Secretary of Homeland Security, the 
Secretary of Defense, the Secretary of Energy, or 
the head of a petitioning department or agency of 
the Federal Government, including contractual re-
quirements to maintain employment in a research 
capacity with a Federal national security, science, 
and technology laboratory, center, or agency for a 
period not to exceed five years; and 
‘‘(B) has favorably completed and adjudicated a 
background investigation at the appropriate level, 
from the employing department or agency of the 
Federal Government within the last five years. 
‘‘(2) The number of aliens or noncitizen nationals 
naturalized in any fiscal year under this subsection shall 
not exceed a number as defined by the Secretary of Home-
land Security, in consultation with the head of the peti-
tioning department or agency of the Federal Govern-
ment.’’. 
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413 
SEC. 2308. INCLUSION OF COMMUNITIES ADVERSELY AF-
FECTED BY A RECOMMENDATION OF THE DE-
FENSE BASE CLOSURE AND REALIGNMENT 
COMMISSION AS TARGETED EMPLOYMENT 
AREAS. 
(a) IN
GENERAL.—Section 203(b)(5)(B)(ii) (8 
U.S.C. 1153(b)(5)(B)(ii)) is amended by inserting ‘‘, any 
community adversely affected by a recommendation by the 
Defense Base Closure and Realignment Commission,’’ 
after ‘‘rural area’’. 
(b) REGULATIONS.—The Secretary, in consultation 
with the Secretary of Defense, shall implement the amend-
ment made by subsection (a) through appropriate regula-
tions. 
SEC. 2309. V NONIMMIGRANT VISAS. 
(a) NONIMMIGRANT
ELIGIBILITY.—Subparagraph 
(V) of section 101(a)(15) (8 U.S.C. 1101(a)(15)) is 
amended to read as follows: 
‘‘(V)(i) subject to section 214(q)(1) and 
section 212(a)(4), an alien who is the bene-
ficiary of an approved petition under section 
203(a) as— 
‘‘(I) the unmarried son or unmarried 
daughter of a citizen of the United States; 
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414 
‘‘(II) the unmarried son or unmarried 
daughter of an alien lawfully admitted for 
permanent residence; or 
‘‘(III) the married son or married 
daughter of a citizen of the United States 
and who is 31 years of age or younger; or 
‘‘(ii) subject to section 214(q)(2), an alien 
who is— 
‘‘(I) the sibling of a citizen of the 
United States; or 
‘‘(II) the married son or married 
daughter of a citizen of the United States 
and who is older than 31 years of age;’’. 
(b) EMPLOYMENT AND PERIOD OF ADMISSION OF 
NONIMMIGRANTS
DESCRIBED
IN
SECTION 
101(A)(15)(V).—Section 214(q) (8 U.S.C. 1184(q)) is 
amended to read as follows: 
‘‘(q) NONIMMIGRANTS
DESCRIBED
IN
SECTION 
101(A)(15)(V).— 
‘‘(1) CERTAIN SONS AND DAUGHTERS.— 
‘‘(A) EMPLOYMENT AUTHORIZATION.—The 
Secretary shall— 
‘‘(i) authorize a nonimmigrant admit-
ted pursuant to section 101(a)(15)(V)(i) to 
engage in employment in the United States 
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415 
during the period of such nonimmigrant’s 
authorized admission; and 
‘‘(ii) provide such a nonimmigrant 
with an ‘employment authorized’ endorse-
ment or other appropriate document signi-
fying authorization of employment. 
‘‘(B) TERMINATION OF ADMISSION.—The 
period of authorized admission for such a non-
immigrant shall terminate 30 days after the 
date on which— 
‘‘(i) such nonimmigrant’s application 
for an immigrant visa pursuant to the ap-
proval of a petition under subsection (a) or 
(c) of section 203 is denied; or 
‘‘(ii) such nonimmigrant’s application 
for adjustment of status under section 245 
pursuant to the approval of such a petition 
is denied. 
‘‘(2) SIBLINGS AND SONS AND DAUGHTERS OF 
CITIZENS.— 
‘‘(A) EMPLOYMENT AUTHORIZATION.—The 
Secretary may not authorize a nonimmigrant 
admitted pursuant to section 101(a)(15)(V)(ii) 
to engage in employment in the United States. 
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416 
‘‘(B) PERIOD OF ADMISSION.—The period 
of authorized admission as such a non-
immigrant may not exceed 60 days per fiscal 
year. 
‘‘(C) TREATMENT OF PERIOD OF ADMIS-
SION.—An 
alien 
admitted 
under 
section 
101(a)(15)(V) may not receive an allocation of 
points pursuant to section 203(c) for residence 
in the United States while admitted as such a 
nonimmigrant.’’. 
(c) PUBLIC BENEFITS.—A noncitizen who is lawfully 
present in the United States pursuant to section 
101(a)(15)(V) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(V)) is not eligible for any means-test-
ed public benefits (as such term is defined and imple-
mented in section 403 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1613)). A noncitizen admitted under this section— 
(1) is not entitled to the premium assistance 
tax credit authorized under section 36B of the Inter-
nal Revenue Code of 1986 for his or her coverage; 
(2) shall be subject to the rules applicable to in-
dividuals not lawfully present that are set forth in 
subsection (e) of such section; 
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(3) shall be subject to the rules applicable to in-
dividuals not lawfully present that are set forth in 
section 1402(e) of the Patient Protection and Af-
fordable Care Act (42 U.S.C. 18071(e)); and 
(4) shall be subject to the rules applicable to in-
dividuals not lawfully present set forth in section 
5000A(d)(3) of the Internal Revenue Code of 1986. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
fiscal year beginning after the date of the enactment of 
this Act. 
SEC. 2310. FIANCE´ E AND FIANCE´ CHILD STATUS PROTEC-
TION. 
(a) DEFINITION.—Section 101(a)(15)(K) (8 U.S.C. 
1101(a)(15)(K), 
as 
amended 
by 
section 
2305(d)(6)(B)(i)(I), is further amended— 
(1) in clause (i), by inserting ‘‘or of an alien 
lawfully admitted for permanent residence’’ after 
‘‘204(a)(1)(H)(i))’’; 
(2) in clause (ii), by inserting ‘‘or of an alien 
lawfully admitted for permanent residence’’ after 
‘‘204(a)(1)(H)(i))’’; and 
(3) in clause (iii), by striking the semicolon and 
inserting ‘‘, provided that a determination of the age 
of such child is made using the age of the alien on 
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418 
the date on which the fiance´, fiance´e, or immigrant 
visa petition is filed with the Secretary of Homeland 
Security to classify the alien’s parent as the fiance´e 
or fiance´ of a United States citizen or of an alien 
lawfully admitted for permanent residence (in the 
case of an alien parent described in clause (i)) or as 
the spouse of a citizen of the United States or of an 
alien lawfully admitted to permanent residence 
under section 201(b)(2)(A) (in the case of an alien 
parent described in clause (ii));’’. 
(b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 
214(d) (8 U.S.C. 1184(d)) is amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; and 
(2) in paragraph (1), by striking ‘‘In the event’’ 
and all that follows through the end; and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2)(A) If an alien does not marry the petitioner 
under paragraph (1) within 3 months after the alien and 
the alien’s children are admitted into the United States, 
the visa previously issued under the provisions of section 
1101(a)(15)(K)(i) shall automatically expire and such 
alien and children shall be required to depart from the 
United States. If such aliens fail to depart from the 
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419 
United States, they shall be placed in proceedings in ac-
cordance with sections 240 and 241. 
‘‘(B) Subject to subparagraphs (C) and (D), if an 
alien marries the petitioner described in section 
101(a)(15)(K)(i) within 90 days after the alien is admit-
ted into the United States, the Secretary or the Attorney 
General, subject to the provisions of section 245(d), may 
adjust the status of the alien, and any children accom-
panying or following to join the alien, to that of an alien 
lawfully admitted for permanent residence on a conditional 
basis under section 216 if the alien and any such children 
apply for such adjustment and are not determined to be 
inadmissible to the United States. If the alien does not 
apply for such adjustment within 6 months after the mar-
riage, the visa issued under the provisions of section 
1101(a)(15)(K) shall automatically expire. 
‘‘(C) Paragraphs (5) and (7)(A) of section 212(a) 
shall not apply to an alien who is eligible to apply for ad-
justment of the alien’s status to an alien lawfully admitted 
for permanent residence under this section. 
‘‘(D) An alien eligible for a waiver of inadmissibility 
as otherwise authorized under this Act or the Border Se-
curity, Economic Opportunity, and Immigration Mod-
ernization Act shall be permitted to apply for adjustment 
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420 
of the alien’s status to that of an alien lawfully admitted 
for permanent residence under this section.’’. 
(c) AGE DETERMINATION.—Section 245(d) (8 U.S.C. 
1255(d)) is amended— 
(1) by striking ‘‘The Attorney General’’ and in-
serting ‘‘(1) The Secretary of Homeland Security’’; 
(2) in paragraph (1), as redesignated, by strik-
ing ‘‘Attorney General’’ and inserting ‘‘Secretary’’; 
and 
(3) by adding at the end the following: 
‘‘(2) A determination of the age of an alien admitted 
to the United States under section 101(a)(15)(K)(iii) shall 
be made, for purposes of adjustment to the status of an 
alien lawfully admitted for permanent residence on a con-
ditional basis under section 216, using the age of the alien 
on the date on which the fiance´, fiance´e, or immigrant visa 
petition was filed with the Secretary of Homeland Security 
to classify the alien’s parent as the fiance´e or fiance´ of 
a United States citizen or of an alien lawfully admitted 
to permanent residence (in the case of an alien parent ad-
mitted 
to 
the 
United 
States 
under 
section 
101(a)(15)(K)(i)) or as the spouse of a United States cit-
izen or of an alien lawfully admitted to permanent resi-
dence under section 201(b)(2)(A) (in the case of an alien 
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421 
parent admitted to the United States under section 
101(a)(15)(K)(ii)).’’. 
(d) APPLICABILITY.—The amendments made by this 
section shall apply to all petitions or applications described 
in such amendments that are pending as of the date of 
the enactment of the Border Security, Economic Oppor-
tunity, and Immigration Modernization Act. 
(e) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) DEFINITIONS.—Section 101(a)(15)(K) (8 
U.S.C. 1101(a)(15)(K)), as amended by subsection 
(a), is further amended— 
(A) in clause (ii), by striking ‘‘section 
201(b)(2)(A)(i)’’ 
and 
inserting 
‘‘section 
201(b)(2)’’; and 
(B) in clause (iii), by striking ‘‘section 
201(b)(2)(A)(i)’’ 
and 
inserting 
‘‘section 
201(b)(2)’’. 
(2) AGE DETERMINATION.—Paragraph (2) of 
section 245(d) (8 U.S.C. 1255(d)), as added by sub-
section 
(c), 
is 
amended 
by 
striking 
section 
‘‘201(b)(2)(A)(i)’’ and inserting ‘‘201(b)(2)’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the first day 
of the first fiscal year beginning no earlier than 1 
year after the date of the enactment of this Act. 
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422 
SEC. 2311. EQUAL TREATMENT FOR ALL STEPCHILDREN. 
Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is 
amended by striking ‘‘eighteen years’’ and inserting ‘‘21 
years’’. 
SEC. 2312. MODIFICATION OF ADOPTION AGE REQUIRE-
MENTS. 
Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amend-
ed— 
(1) in subparagraph (E)— 
(A) by striking ‘‘(E)(i)’’ and inserting 
‘‘(E)’’; 
(B) by striking ‘‘under the age of sixteen 
years’’ and inserting ‘‘younger than 18 years of 
age, or a child adopted when 18 years of age 
or older if the adopting parent or parents initi-
ated the legal adoption process before the child 
reached 18 years of age’’; 
(C) by striking ‘‘; or’’ and inserting a 
semicolon; and 
(D) by striking clause (ii); 
(2) in subparagraph (F)— 
(A) by striking ‘‘(F)(i)’’ and inserting 
‘‘(F)’’; 
(B) by striking ‘‘sixteen’’ and inserting 
‘‘18’’; 
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423 
(C) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’; and 
(D) by striking clause (ii); and 
(3) in subparagraph (G), by striking ‘‘16’’ and 
inserting ‘‘18’’. 
SEC. 2313. RELIEF FOR ORPHANS, WIDOWS, AND WID-
OWERS. 
(a) IN GENERAL.— 
(1) 
SPECIAL
RULE
FOR
ORPHANS
AND 
SPOUSES.—In applying clauses (iii) and (iv) of sec-
tion 201(b)(2)(B) of the Immigration and Nation-
ality Act, as added by section 2305(a) of this Act, 
to an alien whose citizen or lawful permanent resi-
dent relative died before the date of the enactment 
of this Act, the alien relative may file the classifica-
tion petition under section 204(a)(1)(A)(ii) of the 
Immigration and Nationality Act not later than 2 
years after the date of the enactment of this Act. 
(2) ELIGIBILITY FOR PAROLE.—If an alien was 
excluded, deported, removed, or departed voluntarily 
before the date of the enactment of this Act based 
solely upon the alien’s lack of classification as an 
immediate 
relative 
(as 
defined 
in 
section 
201(b)(2)(B)(iv) of the Immigration and Nationality 
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424 
Act, as amended by section 2305(a) of this Act) due 
to the death of such citizen or resident— 
(A) such alien shall be eligible for parole 
into the United States pursuant to the Sec-
retary’s discretionary authority under section 
212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); 
and 
(B) such alien’s application for adjustment 
of status shall be considered by the Secretary 
notwithstanding section 212(a)(9) of such Act 
(8 U.S.C. 1182(a)(9)). 
(3) ELIGIBILITY FOR PAROLE.—If an alien de-
scribed in section 204(l) of the Immigration and Na-
tionality Act (8 U.S.C. 1154(l)) was excluded, de-
ported, removed, or departed voluntarily before the 
date of the enactment of this Act— 
(A) such alien shall be eligible for parole 
into the United States pursuant to the Sec-
retary’s discretionary authority under section 
212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); 
and 
(B) such alien’s application for adjustment 
of status shall be considered by the Secretary 
notwithstanding section 212(a)(9) of such Act 
(8 U.S.C. 1182(a)(9)). 
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425 
(b) PROCESSING OF IMMIGRANT VISAS AND DERIVA-
TIVE PETITIONS.— 
(1) IN
GENERAL.—Section 204(b) (8 U.S.C. 
1154(b)) is amended— 
(A) by striking ‘‘After an investigation’’ 
and inserting ‘‘(1) After an investigation’’; and 
(B) by adding at the end the following: 
‘‘(2)(A) Any alien described in subparagraph (B) 
whose qualifying relative died before the completion of im-
migrant visa processing may have an immigrant visa ap-
plication adjudicated as if such death had not occurred. 
An immigrant visa issued before the death of the quali-
fying relative shall remain valid after such death. 
‘‘(B) An alien described in this subparagraph is an 
alien who— 
‘‘(i) is an immediate relative (as described in 
section 201(b)(2)(B)); 
‘‘(ii) is a family-sponsored immigrant (as de-
scribed in subsection (a) or (d) of section 203); 
‘‘(iii) is a derivative beneficiary of an employ-
ment-based immigrant under section 203(b) (as de-
scribed in section 203(d)); or 
‘‘(iv) is the spouse or child of a refugee (as de-
scribed in section 207(c)(2)) or an asylee (as de-
scribed in section 208(b)(3)).’’. 
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426 
(2) TRANSITION PERIOD.— 
(A) IN GENERAL.—Notwithstanding a de-
nial or revocation of an application for an immi-
grant visa for an alien due to the death of the 
qualifying relative before the date of the enact-
ment of this Act, such application may be re-
newed by the alien through a motion to reopen, 
without fee. 
(B) 
INAPPLICABILITY
OF
BARS
TO 
ENTRY.—Notwithstanding section 212(a)(9) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)), an alien’s application for an immi-
grant visa shall be considered if the alien was 
excluded, deported, removed, or departed volun-
tarily before the date of the enactment of this 
Act. 
(c) NATURALIZATION.—Section 319(a) (8 U.S.C. 
1430(a)) is amended by striking ‘‘States,’’ and inserting 
‘‘States (or if the spouse is deceased, the spouse was a 
citizen of the United States),’’. 
(d) WAIVERS OF INADMISSIBILITY.—Section 212 (8 
U.S.C. 1182) is amended by adding at the end the fol-
lowing: 
‘‘(v) CONTINUED WAIVER ELIGIBILITY FOR WIDOWS, 
WIDOWERS, AND ORPHANS.—In the case of an alien who 
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427 
would have been statutorily eligible for any waiver of inad-
missibility under this Act but for the death of a qualifying 
relative, the eligibility of such alien shall be preserved as 
if the death had not occurred and the death of the quali-
fying relative shall be the functional equivalent of hardship 
for purposes of any waiver of inadmissibility which re-
quires a showing of hardship.’’. 
(e) SURVIVING RELATIVE CONSIDERATION FOR CER-
TAIN PETITIONS AND APPLICATIONS.—Section 204(l)(1) 
(8 U.S.C. 1154(l)(1)) is amended— 
(1) by striking ‘‘who resided in the United 
States at the time of the death of the qualifying rel-
ative and who continues to reside in the United 
States’’; and 
(2) by striking ‘‘related applications,’’ and in-
serting ‘‘related applications (including affidavits of 
support),’’. 
(f) 
FAMILY-SPONSORED
IMMIGRANTS.—Section 
212(a)(4)(C)(i) (8 U.S.C. 1182(a)(4)(C)(i)), as amended 
by section 2305(d)(6)(B)(iii), is further amended by add-
ing at the end the following: 
‘‘(III) the status as a surviving 
relative under 204(l); or’’. 
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428 
SEC. 2314. DISCRETIONARY AUTHORITY WITH RESPECT TO 
REMOVAL, 
DEPORTATION, 
OR 
INADMIS-
SIBILITY OF CITIZEN AND RESIDENT IMME-
DIATE FAMILY MEMBERS. 
(a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 
Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by 
adding at the end the following: 
‘‘(D) JUDICIAL DISCRETION.—In the case 
of an alien subject to removal, deportation, or 
inadmissibility, the immigration judge may ex-
ercise discretion to decline to order the alien re-
movable, deportable, or inadmissible from the 
United States and terminate proceedings if the 
judge determines that such removal, deporta-
tion, or inadmissibility is against the public in-
terest or would result in hardship to the alien’s 
United States citizen or lawful permanent resi-
dent parent, spouse, or child, or the judge de-
termines the alien is prima facie eligible for 
naturalization except that this subparagraph 
shall not apply to an alien whom the judge de-
termines— 
‘‘(i) is inadmissible or deportable 
under— 
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‘‘(I) 
subparagraph 
(B), 
(C), 
(D)(ii), (E), (H), (I), or (J) of section 
212(a)(2); 
‘‘(II) section 212(a)(3); 
‘‘(III) subparagraph (A), (C), or 
(D) of section 212(a)(10); or 
‘‘(IV) 
paragraph 
(2)(A)(ii), 
(2)(A)(v), (2)(F), (4), or (6) of sec-
tion 237(a); or 
‘‘(ii) has— 
‘‘(I) engaged in conduct de-
scribed in paragraph (8) or (9) of sec-
tion 103 of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 
7102); or 
‘‘(II) a felony conviction de-
scribed in section 101(a)(43) that 
would have been classified as an ag-
gravated felony at the time of convic-
tion.’’. 
(b) SECRETARY’S
DISCRETION.—Section 212 (8 
U.S.C. 1182), as amended by section 2313(d), is further 
amended by adding at the end the following: 
‘‘(w) SECRETARY’S DISCRETION.—In the case of an 
alien who is inadmissible under this section or deportable 
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under section 237, the Secretary of Homeland Security 
may exercise discretion to waive a ground of inadmis-
sibility or deportability if the Secretary determines that 
such removal or refusal of admission is against the public 
interest or would result in hardship to the alien’s United 
States citizen or permanent resident parent, spouse, or 
child. This subsection shall not apply to an alien whom 
the Secretary determines— 
‘‘(1) is inadmissible or deportable under— 
‘‘(A) subparagraph (B), (C), (D)(ii), (E), 
(H), (I), or (J) of subsection (a)(2); 
‘‘(B) subsection (a)(3); 
‘‘(C) subparagraph (A), (C), or (D) of sub-
section (a)(10); 
‘‘(D) 
paragraphs 
(2)(A)(ii), 
(2)(A)(v), 
(2)(F), or (6) of section 237(a); or 
‘‘(E) section 240(c)(4)(D)(ii)(II); or 
‘‘(2) has— 
‘‘(A) engaged in conduct described in para-
graph (8) or (9) of section 103 of the Traf-
ficking Victims Protection Act of 2000 (22 
U.S.C. 7102); or 
‘‘(B) a felony conviction described in sec-
tion 101(a)(43) that would have been classified 
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431 
as an aggravated felony at the time of convic-
tion.’’. 
(c) REINSTATEMENT OF REMOVAL ORDERS.—Sec-
tion 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by strik-
ing the period at the end and inserting ‘‘, unless the alien 
reentered prior to attaining the age of 18 years, or rein-
statement of the prior order of removal would not be in 
the public interest or would result in hardship to the 
alien’s United States citizen or permanent resident parent, 
spouse, or child.’’. 
SEC. 2315. WAIVERS OF INADMISSIBILITY. 
(a) ALIENS WHO ENTERED AS CHILDREN.—Section 
212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended 
by adding at the end the following: 
‘‘(VI) ALIENS WHO ENTERED AS 
CHILDREN.—Clause (i) shall not apply 
to an alien who is the beneficiary of 
an 
approved 
petition 
under 
101(a)(15)(H) and who has earned a 
baccalaureate or higher degree from a 
United States institution of higher 
education 
(as 
defined 
in 
section 
101(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1001(a)), and had 
not yet reached the age of 16 years at 
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432 
the time of initial entry to the United 
States.’’. 
(b) 
ALIENS
UNLAWFULLY
PRESENT.—Section 
212(a)(9)(B)(v) (8 U.S.C. 1181(a)(9)(B)(v) is amended— 
(1) by striking ‘‘spouse or son or daughter’’ and 
inserting ‘‘spouse, son, daughter, or parent’’; 
(2) by striking ‘‘extreme’’; and 
(3) by inserting ‘‘, child,’’ after ‘‘lawfully resi-
dent spouse’’. 
(c) PREVIOUS IMMIGRATION VIOLATIONS.—Section 
212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended 
by adding ‘‘, other than an alien described in clause (iii) 
or (iv) of subparagraph (B),’’ after ‘‘Any alien’’. 
(d) FALSE CLAIMS.— 
(1) INADMISSIBILITY.— 
(A) IN
GENERAL.—Section 212(a)(6)(C) 
(8 U.S.C. 1182(a)(6)(C)) is amended to read as 
follows: 
‘‘(C) MISREPRESENTATION.— 
‘‘(i) IN GENERAL.—Any alien who, by 
fraud or willfully misrepresenting a mate-
rial fact, seeks to procure (or within the 
last 3 years has sought to procure or has 
procured) a visa, other documentation, or 
admission into the United States or other 
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benefit provided under this Act is inadmis-
sible. 
‘‘(ii) FALSELY
CLAIMING
CITIZEN-
SHIP.— 
‘‘(I) INADMISSIBILITY.—Subject 
to subclause (II), any alien who know-
ingly misrepresents himself or herself 
to be a citizen of the United States 
for any purpose or benefit under this 
chapter (including section 274A) or 
any other Federal or State law is in-
admissible. 
‘‘(II) SPECIAL RULE FOR CHIL-
DREN.—An alien shall not be inadmis-
sible under this clause if the misrepre-
sentation described in subclause (I) 
was made by the alien when the 
alien— 
‘‘(aa) was under 18 years of 
age; or 
‘‘(bb) otherwise lacked the 
mental competence to knowingly 
misrepresent a claim of United 
States citizenship. 
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434 
‘‘(iii) WAIVER.—The Attorney General 
or the Secretary of Homeland Security 
may, in the discretion of the Attorney Gen-
eral or the Secretary, waive the application 
of clause (i) or (ii)(I) for an alien, regard-
less whether the alien is within or outside 
the United States, if the Attorney General 
or the Secretary finds that a determination 
of inadmissibility to the United States for 
such alien would— 
‘‘(I) result in extreme hardship to 
the alien or to the alien’s parent, 
spouse, son, or daughter who is a cit-
izen of the United States or an alien 
lawfully admitted for permanent resi-
dence; or 
‘‘(II) in the case of a VAWA self- 
petitioner, result in significant hard-
ship to the alien or a parent or child 
of the alien who is a citizen of the 
United States, an alien lawfully ad-
mitted for permanent residence, or a 
qualified alien (as defined in section 
431 of the Personal Responsibility 
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435 
and Work Opportunity Reconciliation 
Act of 1996 (8 U.S.C. 1641(b))). 
‘‘(iv) LIMITATION
ON
REVIEW.—No 
court shall have jurisdiction to review a de-
cision or action of the Attorney General or 
the Secretary regarding a waiver under 
clause (iii).’’. 
(B) CONFORMING
AMENDMENT.—Section 
212 (8 U.S.C. 1182) is amended by striking 
subsection (i). 
(2) DEPORTABILITY.—Section 237(a)(3)(D) (8 
U.S.C. 1227(a)(3)(D)) is amended to read as fol-
lows: 
‘‘(D) FALSELY CLAIMING CITIZENSHIP.— 
Any alien described in section 212(a)(6)(C)(ii) 
is deportable.’’. 
SEC. 2316. CONTINUOUS PRESENCE. 
Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amend-
ed to read as follows: 
‘‘(1) TERMINATION OF CONTINUOUS PERIOD.— 
For purposes of this section, any period of contin-
uous residence or continuous physical presence in 
the United States shall be deemed to end, except in 
the case of an alien who applies for cancellation of 
removal under subsection (b)(2), on the date that a 
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436 
notice to appear is filed with the Executive Office 
for Immigration Review pursuant to section 240.’’. 
SEC. 2317. GLOBAL HEALTH CARE COOPERATION. 
(a) TEMPORARY ABSENCE OF ALIENS PROVIDING 
HEALTH CARE IN DEVELOPING COUNTRIES.— 
(1) IN GENERAL.—Title III (8 U.S.C. 1401 et 
seq.) is amended by inserting after section 317 the 
following: 
‘‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING 
HEALTH CARE IN DEVELOPING COUNTRIES. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this Act, the Secretary of Homeland Security 
shall allow an eligible alien and the spouse or child of such 
alien to reside in a candidate country during the period 
that the eligible alien is working as a physician or other 
health care worker in a candidate country. During such 
period the eligible alien and such spouse or child shall be 
considered— 
‘‘(1) to be physically present and residing in the 
United States for purposes of naturalization under 
section 316(a); and 
‘‘(2) to meet the continuous residency require-
ments under section 316(b). 
‘‘(b) DEFINITIONS.—In this section: 
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437 
‘‘(1) CANDIDATE
COUNTRY.—The term ‘can-
didate country’ means a country that the Secretary 
of State determines to be— 
‘‘(A) eligible for assistance from the Inter-
national Development Association, in which the 
per capita income of the country is equal to or 
less than the historical ceiling of the Inter-
national Development Association for the appli-
cable fiscal year, as defined by the International 
Bank for Reconstruction and Development; 
‘‘(B) classified as a lower middle income 
country in the then most recent edition of the 
World Development Report for Reconstruction 
and Development published by the International 
Bank for Reconstruction and Development and 
having an income greater than the historical 
ceiling for International Development Associa-
tion eligibility for the applicable fiscal year; or 
‘‘(C) qualified to be a candidate country 
due to special circumstances, including natural 
disasters or public health emergencies. 
‘‘(2) ELIGIBLE
ALIEN.—The term ‘eligible 
alien’ means an alien who— 
‘‘(A) has been lawfully admitted to the 
United States for permanent residence; and 
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‘‘(B) is a physician or other healthcare 
worker. 
‘‘(c) CONSULTATION.—The Secretary of Homeland 
Security shall consult with the Secretary of State in car-
rying out this section. 
‘‘(d) PUBLICATION.—The Secretary of State shall 
publish— 
‘‘(1) not later than 180 days after the date of 
the enactment of the Border Security, Economic Op-
portunity, and Immigration Modernization Act, a list 
of candidate countries; 
‘‘(2) an updated version of the list required by 
paragraph (1) not less often than once each year; 
and 
‘‘(3) an amendment to the list required by 
paragraph (1) at the time any country qualifies as 
a candidate country due to special circumstances 
under subsection (b)(1)(C).’’. 
(2) RULEMAKING.— 
(A) REQUIREMENT.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary shall promulgate regulations 
to carry out the amendments made by this sub-
section. 
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439 
(B) CONTENT.—The regulations promul-
gated pursuant to subparagraph (A) shall— 
(i) permit an eligible alien (as defined 
in section 317A of the Immigration and 
Nationality Act, as added by subsection 
(a)) and the spouse or child of the eligible 
alien to reside in a foreign country to work 
as a physician or other healthcare worker 
as described in subsection (a) of such sec-
tion 317A for not less than a 12-month pe-
riod and not more than a 24-month period, 
and shall permit the Secretary to extend 
such period for an additional period not to 
exceed 12 months, if the Secretary deter-
mines that such country has a continuing 
need for such a physician or other 
healthcare worker; 
(ii) provide for the issuance of docu-
ments by the Secretary to such eligible 
alien, and such spouse or child, if appro-
priate, to demonstrate that such eligible 
alien, and such spouse or child, if appro-
priate, is authorized to reside in such 
country under such section 317A; and 
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440 
(iii) provide for an expedited process 
through which the Secretary shall review 
applications for such an eligible alien to re-
side in a foreign country pursuant to sub-
section (a) of such section 317A if the Sec-
retary of State determines a country is a 
candidate country pursuant to subsection 
(b)(1)(C) of such section 317A. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
(A) 
DEFINITION.—Section 
101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii)) 
is amended by adding ‘‘except in the case of an 
eligible alien, or the spouse or child of such 
alien, who is authorized to be absent from the 
United States under section 317A,’’ at the end. 
(B) DOCUMENTARY REQUIREMENTS.—Sec-
tion 211(b) (8 U.S.C. 1181(b)) is amended by 
inserting ‘‘, including an eligible alien author-
ized to reside in a foreign country under section 
317A and the spouse or child of such eligible 
alien, if appropriate,’’ after ‘‘101(a)(27)(A),’’. 
(C) 
INELIGIBLE
ALIENS.—Section 
212(a)(7)(A)(i)(I) 
(8 
U.S.C. 
1182(a)(7)(A)(i)(I)) is amended by inserting 
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‘‘other than an eligible alien authorized to re-
side in a foreign country under section 317A 
and the spouse or child of such eligible alien, if 
appropriate,’’ after ‘‘Act,’’. 
(4) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the 
item relating to section 317 the following: 
‘‘Sec. 317A. Temporary absence of aliens providing health care in developing 
countries.’’. 
(b) ATTESTATION BY HEALTH CARE WORKERS.— 
(1) 
ATTESTATION
REQUIREMENT.—Section 
212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by add-
ing at the end the following: 
‘‘(E) HEALTH
CARE
WORKERS
WITH 
OTHER OBLIGATIONS.— 
‘‘(i) IN
GENERAL.—An alien who 
seeks to enter the United States for the 
purpose of performing labor as a physician 
or other health care worker is inadmissible 
unless the alien submits to the Secretary of 
Homeland Security or the Secretary of 
State, as appropriate, an attestation that 
the alien is not seeking to enter the United 
States for such purpose during any period 
in which the alien has an outstanding obli-
gation to the government of the alien’s 
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442 
country of origin or the alien’s country of 
residence. 
‘‘(ii) OBLIGATION DEFINED.—In this 
subparagraph, the term ‘obligation’ means 
an obligation incurred as part of a valid, 
voluntary individual agreement in which 
the alien received financial assistance to 
defray the costs of education or training to 
qualify as a physician or other health care 
worker in consideration for a commitment 
to work as a physician or other health care 
worker in the alien’s country of origin or 
the alien’s country of residence. 
‘‘(iii) WAIVER.—The Secretary of 
Homeland Security may waive a finding of 
inadmissibility under clause (i) if the Sec-
retary determines that— 
‘‘(I) the obligation was incurred 
by coercion or other improper means; 
‘‘(II) the alien and the govern-
ment of the country to which the alien 
has an outstanding obligation have 
reached a valid, voluntary agreement, 
pursuant to which the alien’s obliga-
tion has been deemed satisfied, or the 
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443 
alien has shown to the satisfaction of 
the Secretary that the alien has been 
unable to reach such an agreement 
because of coercion or other improper 
means; or 
‘‘(III) the obligation should not 
be enforced due to other extraordinary 
circumstances, including undue hard-
ship that would be suffered by the 
alien in the absence of a waiver.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date that 
is 180 days after the date of the enactment of this 
Act. 
(3) APPLICATION.—Not later than the effective 
date described in paragraph (2), the Secretary shall 
begin to carry out subparagraph (E) of section 
212(a)(5) of the Immigration and Nationality Act, 
as added by paragraph (1), including the require-
ment for the attestation and the granting of a waiv-
er described in clause (iii) of such subparagraph (E), 
regardless of whether regulations to implement such 
subparagraph have been promulgated. 
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444 
SEC. 2318. EXTENSION AND IMPROVEMENT OF THE IRAQI 
SPECIAL IMMIGRANT VISA PROGRAM. 
The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 
1157 note) is amended— 
(1) in section 1242, by amending subsection (c) 
to read as follows: 
‘‘(c) IMPROVED APPLICATION PROCESS.—Not later 
than 120 days after the date of the enactment of the Bor-
der Security, Economic Opportunity, and Immigration 
Modernization Act, the Secretary of State and the Sec-
retary of Homeland Security, in consultation with the Sec-
retary of Defense, shall improve the efficiency by which 
applications for special immigrant visas under section 
1244(a) are processed so that all steps incidental to the 
issuance of such visas, including required screenings and 
background checks, are completed not later than 9 months 
after the date on which an eligible alien applies for such 
visa.’’; 
(2) in section 1244— 
(A) in subsection (b)— 
(i) in paragraph (1)— 
(I) by amending subparagraph 
(B) to read as follows: 
‘‘(B) was or is employed in Iraq on or 
after March 20, 2003, for not less than 1 year, 
by, or on behalf of— 
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‘‘(i) the United States Government; 
‘‘(ii) a media or nongovernmental or-
ganization headquartered in the United 
States; or 
‘‘(iii) an organization or entity closely 
associated with the United States mission 
in Iraq that has received United States 
Government funding through an official 
and documented contract, award, grant, or 
cooperative agreement;’’; 
(II) in subparagraph (C), by 
striking ‘‘the United States Govern-
ment’’ and inserting ‘‘an entity or or-
ganization described in subparagraph 
(B)’’; and 
(III) in subparagraph (D), by 
striking by striking ‘‘the United 
States Government.’’ and inserting 
‘‘such entity or organization.’’; and 
(ii) in paragraph (4)— 
(I) by striking ‘‘A recommenda-
tion’’ and inserting the following: 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), a recommendation’’; 
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446 
(II) by striking ‘‘the United 
States Government prior’’ and insert-
ing ‘‘an entity or organization de-
scribed in paragraph (1)(B) prior’’; 
and 
(III) by adding at the end the 
following: 
‘‘(B) REVIEW
PROCESS
FOR
DENIAL
BY 
CHIEF OF MISSION.— 
‘‘(i) IN GENERAL.—An applicant who 
has been denied Chief of Mission approval 
required by subparagraph (A) shall— 
‘‘(I) receive a written decision; 
and 
‘‘(II) be provided 120 days from 
the date of the decision to request re-
opening of the decision to provide ad-
ditional information, clarify existing 
information, or explain any unfavor-
able information. 
‘‘(ii) 
SENIOR
COORDINATOR.—The 
Secretary of State shall designate, in the 
Embassy of the United States in Baghdad, 
Iraq, a senior coordinator responsible for 
overseeing the efficiency and integrity of 
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447 
the processing of special immigrant visas 
under this section, who shall be given— 
‘‘(I) sufficiently high security 
clearance to review Chief of Mission 
denials in cases that appear to have 
relied upon insufficient or incorrect 
information; and 
‘‘(II) responsibility for ensuring 
that an applicant described in clause 
(i) receives the information described 
in clause (i)(I).’’; and 
(B) in subsection (c)(3), by adding at the 
end the following: 
‘‘(C) SUBSEQUENT
FISCAL
YEARS.—Not-
withstanding subparagraphs (A) and (B), and 
consistent with subsection (b), any unused bal-
ance of the total number of principal aliens who 
may be provided special immigrant status under 
this section in fiscal years 2008 through 2012 
may be carried forward and provided through 
the end of fiscal year 2018.’’; and 
(3) in section 1248, by adding at the end the 
following: 
‘‘(f) REPORT ON IMPROVEMENTS.— 
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448 
‘‘(1) IN GENERAL.—Not later than 120 days 
after the date of the enactment of the Border Secu-
rity, Economic Opportunity, and Immigration Mod-
ernization Act, the Secretary of State and the Sec-
retary of Homeland Security, in consultation with 
the Secretary of Defense, shall submit a report, with 
a classified annex, if necessary, to— 
‘‘(A) the Committee on the Judiciary of 
the Senate; 
‘‘(B) the Committee on Foreign Relations 
of the Senate; 
‘‘(C) the Committee on the Judiciary of 
the House of Representatives; and 
‘‘(D) the Committee on Foreign Affairs of 
the House of Representatives. 
‘‘(2) CONTENTS.—The report submitted under 
paragraph (1) shall describe the implementation of 
improvements to the processing of applications for 
special immigrant visas under section 1244(a), in-
cluding information relating to— 
‘‘(A) enhancing existing systems for con-
ducting background and security checks of per-
sons applying for special immigrant status, 
which shall— 
‘‘(i) support immigration security; and 
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449 
‘‘(ii) provide for the orderly processing 
of such applications without delay; 
‘‘(B) the financial, security, and personnel 
considerations and resources necessary to carry 
out this subtitle; 
‘‘(C) the number of aliens who have ap-
plied for special immigrant visas under section 
1244 during each month of the preceding fiscal 
year; 
‘‘(D) the reasons for the failure to expedi-
tiously process any applications that have been 
pending for longer than 9 months; 
‘‘(E) the total number of applications that 
are pending due to the failure— 
‘‘(i) to receive approval from the Chief 
of Mission; 
‘‘(ii) for U.S. Citizenship and Immi-
gration Services to complete the adjudica-
tion of the Form I–360; 
‘‘(iii) to conduct a visa interview; or 
‘‘(iv) to issue the visa to an eligible 
alien; 
‘‘(F) the average wait times for an appli-
cant at each of the stages described in subpara-
graph (E); 
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450 
‘‘(G) the number of denials or rejections at 
each of the stages described in subparagraph 
(E); and 
‘‘(H) a breakdown of reasons for denials at 
by the Chief of Mission based on the categories 
already made available to denied special immi-
grant visa applicants in the denial letter sent to 
them by the Chief of Mission. 
‘‘(g) PUBLIC QUARTERLY REPORTS.—Not later than 
120 days after the date of the enactment of the Border 
Security, Economic Opportunity, and Immigration Mod-
ernization Act, and every 3 months thereafter, the Sec-
retary of State and the Secretary of Homeland Security, 
in consultation with the Secretary of Defense, shall pub-
lish a report on the website of the Department of State 
that describes the efficiency improvements made in the 
process by which applications for special immigrant visas 
under section 1244(a) are processed, including informa-
tion described in subparagraphs (C) through (H) of sub-
section (f)(2).’’. 
SEC. 2319. EXTENSION AND IMPROVEMENT OF THE AF-
GHAN SPECIAL IMMIGRANT VISA PROGRAM. 
Section 602(b) of the Afghan Allies Protection Act 
of 2009 (8 U.S.C. 1101 note) is amended— 
(1) in paragraph (2)— 
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(A) in subparagraph (A)— 
(i) by amending clause (ii) to read as 
follows: 
‘‘(ii) was or is employed in Afghani-
stan on or after October 7, 2001, for not 
less than 1 year, by, or on behalf of— 
‘‘(I) the United States Govern-
ment; 
‘‘(II) a media or nongovern-
mental organization headquartered in 
the United States; or 
‘‘(III) an organization or entity 
closely associated with the United 
States mission in Afghanistan that 
has received United States Govern-
ment funding through an official and 
documented contract, award, grant, or 
cooperative agreement;’’; 
(ii) in clause (iii), by striking ‘‘the 
United States Government’’ and inserting 
‘‘an entity or organization described in 
clause (ii)’’; and 
(iii) in clause (iv), by striking by 
striking ‘‘the United States Government.’’ 
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452 
and inserting ‘‘such entity or organiza-
tion.’’; 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) FAMILY MEMBERS.—An alien is de-
scribed in this subparagraph if the alien is— 
‘‘(i) the spouse or minor child of a 
principal alien described in subparagraph 
(A) who is accompanying or following to 
join the principal alien in the United 
States; or 
‘‘(ii)(I) the spouse, child, parent, or 
sibling of a principal alien described in 
subparagraph (A), whether or not accom-
panying or following to join; and 
‘‘(II) has experienced or is experi-
encing an ongoing serious threat as a con-
sequence of the qualifying employment of a 
principal alien described in subparagraph 
(A).’’; and 
(C) in subparagraph (D)— 
(i) by striking ‘‘A recommendation’’ 
and inserting the following: 
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453 
‘‘(i) IN
GENERAL.—Except as pro-
vided under clause (ii), a recommenda-
tion’’; 
(ii) by striking ‘‘the United States 
Government prior’’ and inserting ‘‘an enti-
ty or organization described in paragraph 
(2)(A)(ii) prior’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) REVIEW
PROCESS
FOR
DENIAL 
BY CHIEF OF MISSION.— 
‘‘(I) IN GENERAL.—An applicant 
who has been denied Chief of Mission 
approval shall— 
‘‘(aa) receive a written deci-
sion; and 
‘‘(bb) be provided 120 days 
from the date of receipt of such 
opinion to request reconsider-
ation of the decision to provide 
additional information, clarify ex-
isting information, or explain any 
unfavorable information. 
‘‘(II) SENIOR
COORDINATOR.— 
The Secretary of State shall des-
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454 
ignate, in the Embassy of the United 
States in Kabul, Afghanistan, a senior 
coordinator responsible for overseeing 
the efficiency and integrity of the 
processing of special immigrant visas 
under this section, who shall be 
given— 
‘‘(aa) sufficiently high secu-
rity clearance to review Chief of 
Mission denials in cases that ap-
pear to have relied upon insuffi-
cient or incorrect information; 
and 
‘‘(bb) responsibility for en-
suring that an applicant de-
scribed in subclause (I) receives 
the information described in sub-
clause (I)(aa).’’; 
(2) in paragraph (3)(C), by amending clause 
(iii) to read as follows: 
‘‘(iii) FISCAL
YEARS
2014
THROUGH 
2018.—For each of the fiscal years 2014 
through 2018, the total number of prin-
cipal aliens who may be provided special 
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455 
immigrant status under this section may 
not exceed the sum of— 
‘‘(I) 5,000; 
‘‘(II) the difference between the 
number of special immigrant visas al-
located under this section for fiscal 
years 2009 through 2013 and the 
number of such allocated visas that 
were issued; and 
‘‘(III) any unused balance of the 
total number of principal aliens who 
may be provided special immigrant 
status in fiscal years 2014 through 
2018 that have been carried for-
ward.’’; 
(3) in paragraph (4)— 
(A) in the heading, by striking ‘‘PROHIBI-
TION ON FEES.—’’ and inserting ‘‘APPLICATION 
PROCESS.—’’; 
(B) by striking ‘‘The Secretary’’ and in-
serting the following: 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the date of enactment of the Border 
Security, Economic Opportunity, and Immigra-
tion Modernization Act, the Secretary of State 
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456 
and the Secretary of Homeland Security, in 
consultation with the Secretary of Defense, 
shall improve the efficiency by which applica-
tions for special immigrant visas under para-
graph (1) are processed so that all steps inci-
dental to the issuance of such visas, including 
required screenings and background checks, are 
completed not later than 6 months after the 
date on which an eligible alien applies for such 
visa. 
‘‘(B) PROHIBITION
ON
FEES.—The Sec-
retary’’; and 
(4) by adding at the end the following: 
‘‘(12) REPORT ON IMPROVEMENTS.—Not later 
than 120 days after the date of the enactment of the 
Border Security, Economic Opportunity, and Immi-
gration Modernization Act, the Secretary of State 
and the Secretary of Homeland Security, in con-
sultation with the Secretary of Defense, shall submit 
to the appropriate committees of Congress a report, 
with a classified annex, if necessary, that describes 
the implementation of improvements to the proc-
essing of applications for special immigrant visas 
under this subsection, including information relating 
to— 
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457 
‘‘(A) enhancing existing systems for con-
ducting background and security checks of per-
sons applying for special immigrant status, 
which shall— 
‘‘(i) support immigration security; and 
‘‘(ii) provide for the orderly processing 
of such applications without delay; 
‘‘(B) the financial, security, and personnel 
considerations and resources necessary to carry 
out this section; 
‘‘(C) the number of aliens who have ap-
plied for special immigrant visas under this 
subsection during each month of the preceding 
fiscal year; 
‘‘(D) the reasons for the failure to expedi-
tiously process any applications that have been 
pending for longer than 9 months; 
‘‘(E) the total number of applications that 
are pending due to the failure— 
‘‘(i) to receive approval from the Chief 
of Mission; 
‘‘(ii) for U.S. Citizenship and Immi-
gration Services to complete the adjudica-
tion of the Form I–360; 
‘‘(iii) to conduct a visa interview; or 
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458 
‘‘(iv) to issue the visa to an eligible 
alien; 
‘‘(F) the average wait times for an appli-
cant at each of the stages described in subpara-
graph (E); 
‘‘(G) the number of denials or rejections at 
each of the stages described in subparagraph 
(E); and 
‘‘(H) a breakdown of reasons for denials 
by the Chief of Mission based on the categories 
already made available to denied special immi-
grant visa applicants in the denial letter sent to 
them by the Chief of Mission. 
‘‘(13) PUBLIC
QUARTERLY
REPORTS.—Not 
later than 120 days after the date of the enactment 
of the Border Security, Economic Opportunity, and 
Immigration Modernization Act, and every 3 months 
thereafter, the Secretary of State and the Secretary 
of Homeland Security, in consultation with the Sec-
retary of Defense, shall publish a report on the 
website of the Department of State that describes 
the efficiency improvements made in the process by 
which applications for special immigrant visas under 
this subsection are processed, including information 
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459 
described in subparagraph (C) through (H) of para-
graph (12).’’. 
SEC. 2320. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS 
WORKER PROGRAM. 
Section 
101(a)(27)(C)(ii) 
(8 
U.S.C. 
1101 
(a)(27)(C)(ii)) is amended in subclauses (II) and (III) by 
striking ‘‘before September 30, 2015,’’ both places such 
term appears. 
SEC. 2321. SPECIAL IMMIGRANT STATUS FOR CERTAIN SUR-
VIVING SPOUSES AND CHILDREN. 
(a) IN GENERAL.—Section 101(a)(27) (8 U.S.C. 
1101(a)(27)) is amended in subparagraph (D)— 
(1) by inserting ‘‘(i)’’ before ‘‘an immigrant 
who is an employee’’; 
(2) by inserting ‘‘or’’ after ‘‘grant such sta-
tus;’’; and 
(3) by inserting after clause (i), as designated 
by paragraph (1), the following: 
‘‘(ii) an immigrant who is the surviving 
spouse or child of an employee of the United 
States Government abroad killed in the line of 
duty, provided that the employee had performed 
faithful service for a total of 15 years, or more, 
and that the principal officer of a Foreign Serv-
ice establishment (or, in the case of the Amer-
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460 
ican Institute of Taiwan, the Director thereof) 
in his or her discretion, recommends the grant-
ing of special immigrant status to the spouse or 
child and the Secretary of State approves such 
recommendation and finds that it is in the na-
tional interest to grant such status;’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) take effect beginning on January 31, 2013, 
and shall have retroactive effect. 
SEC. 2322. REUNIFICATION OF CERTAIN FAMILIES OF FILI-
PINO VETERANS OF WORLD WAR II. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Filipino Veterans Family Reunification Act’’. 
(b) EXEMPTION FROM IMMIGRANT VISA LIMIT.— 
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by 
sections 2103(c), 2212(d), and 2307(b), is further amend-
ed by adding at the end the following: 
‘‘(O) Aliens who— 
‘‘(i) are the sons or daughters of a citizen 
of the United States; and 
‘‘(ii) have a parent (regardless of whether 
the parent is living or dead) who was natural-
ized pursuant to— 
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‘‘(I) section 405 of the Immigration 
Act of 1990 (Public Law 101–649; 8 
U.S.C. 1440 note); or 
‘‘(II) title III of the Act of October 
14, 1940 (54 Stat. 1137, chapter 876), as 
added by section 1001 of the Second War 
Powers Act, 1942 (56 Stat. 182, chapter 
199).’’. 
Subtitle D—Conrad State 30 and 
Physician Access 
SEC. 2401. CONRAD STATE 30 PROGRAM. 
Section 220(c) of the Immigration and Nationality 
Technical Corrections Act of 1994 (Public Law 103–416; 
8 U.S.C. 1182 note) is amended by striking ‘‘and before 
September 30, 2015’’. 
SEC. 2402. RETAINING PHYSICIANS WHO HAVE PRACTICED 
IN 
MEDICALLY 
UNDERSERVED 
COMMU-
NITIES. 
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 
by sections 2103(c), 2212(d)(2), 2307(b), and 2323(b) is 
further amended by adding at the end the following: 
‘‘(P)(i) Alien physicians who have completed 
service requirements of a waiver requested under 
section 203(b)(2)(B)(ii), including alien physicians 
who completed such service before the date of the 
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462 
enactment of the Border Security, Economic Oppor-
tunity, and Immigration Modernization Act and any 
spouses or children of such alien physicians. 
‘‘(ii) Nothing in this subparagraph may be con-
strued— 
‘‘(I) to prevent the filing of a petition with 
the Secretary of Homeland Security for classi-
fication under section 204(a) or the filing of an 
application for adjustment of status under sec-
tion 245 by an alien physician described in this 
subparagraph prior to the date by which such 
alien physician has completed the service de-
scribed in section 214(l) or worked full-time as 
a physician for an aggregate of 5 years at the 
location identified in the section 214(l) waiver 
or in an area or areas designated by the Sec-
retary of Health and Human Services as having 
a shortage of health care professionals; or 
‘‘(II) to permit the Secretary of Homeland 
Security to grant such a petition or application 
until the alien has satisfied all the requirements 
of the waiver received under section 214(l).’’. 
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463 
SEC. 2403. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. 
(a) IN GENERAL.—Section 214(l)(1)(C) (8 U.S.C. 
1184(l)(1)(C)) is amended by striking clauses (i) and (ii) 
and inserting the following: 
‘‘(i) the alien demonstrates a bona fide 
offer of full-time employment, at a health care 
organization, which employment has been deter-
mined by the Secretary of Homeland Security 
to be in the public interest; and 
‘‘(ii) the alien agrees to begin employment 
with the health facility or health care organiza-
tion in a geographic area or areas which are 
designated by the Secretary of Health and 
Human Services as having a shortage of health 
care professionals by the later of the date that 
is 90 days after receiving such waiver, 90 days 
after completing graduate medical education or 
training under a program approved pursuant to 
section 212(j)(1), or 90 days after receiving 
nonimmigrant status or employment authoriza-
tion, provided that the alien or the alien’s em-
ployer petitions for such nonimmigrant status 
or employment authorization within 90 days of 
completing graduate medical education or train-
ing and agrees to continue to work for a total 
of not less than 3 years in any status author-
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464 
ized for such employment under this subsection, 
unless— 
‘‘(I) the Secretary determines that ex-
tenuating circumstances exist that justify a 
lesser period of employment at such facility 
or organization, in which case the alien 
shall demonstrate another bona fide offer 
of employment at a health facility or 
health care organization, for the remainder 
of such 3-year period; 
‘‘(II) the interested agency that re-
quested the waiver attests that extenuating 
circumstances exist that justify a lesser pe-
riod of employment at such facility or or-
ganization in which case the alien shall 
demonstrate another bona fide offer of em-
ployment at a health facility or health care 
organization so designated by the Sec-
retary of Health and Human Services, for 
the remainder of such 3-year period; or 
‘‘(III) if the alien elects not to pursue 
a 
determination 
of 
extenuating 
cir-
cumstances pursuant to subclause (I) or 
(II), the alien terminates the alien’s em-
ployment relationship with such facility or 
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465 
organization, in which case the alien shall 
be employed for the remainder of such 3- 
year period, and 1 additional year for each 
termination, at another health facility or 
health care organization in a geographic 
area or areas which are designated by the 
Secretary of Health and Human Services 
as having a shortage of health care profes-
sionals; and’’. 
(b) PHYSICIAN
EMPLOYMENT
IN
UNDERSERVED 
AREAS.—Section 214(l)(1) (8 U.S.C. 1184(l)(1)), as 
amended by subsection (a), is further amended by adding 
at the end the following: 
‘‘(E) If a physician pursuing graduate medical 
education 
or 
training 
pursuant 
to 
section 
101(a)(15)(J) applies for a Conrad J–1 waiver with 
an interested State department of health and the ap-
plication is denied because the State has requested 
the maximum number of waivers permitted for that 
fiscal year, the physician’s nonimmigrant status 
shall be automatically extended for 6 months if the 
physician agrees to seek a waiver under this sub-
section (except for subparagraph (D)(ii)) to work for 
an employer in a State that has not yet requested 
the maximum number of waivers. The physician 
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466 
shall be authorized to work only for such employer 
from the date on which a new waiver application is 
filed with the State until the date on which the Sec-
retary of Homeland Security denies such waiver or 
issues work authorization for such employment pur-
suant to the approval of such waiver.’’. 
(c) GRADUATE MEDICAL EDUCATION
OR TRAIN-
ING.—Section 214(h)(1), as amended by section 4401(b) 
of this Act, is further amended by inserting ‘‘(J) (if enter-
ing the United States for graduate medical education or 
training),’’ after ‘‘(H)(i)(c),’’. 
(d) CONTRACT REQUIREMENTS.—Section 214(l) (8 
U.S.C. 1184(l)) is amended by adding at the end the fol-
lowing: 
‘‘(4) An alien granted a waiver under paragraph 
(1)(C) shall enter into an employment agreement with the 
contracting health facility or health care organization 
that— 
‘‘(A) specifies the maximum number of on-call 
hours per week (which may be a monthly average) 
that the alien will be expected to be available and 
the compensation the alien will receive for on-call 
time; 
‘‘(B) specifies whether the contracting facility 
or organization will pay for the alien’s malpractice 
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467 
insurance premiums, including whether the employer 
will provide malpractice insurance and, if so, the 
amount of such insurance that will be provided; 
‘‘(C) describes all of the work locations that the 
alien will work and a statement that the contracting 
facility or organization will not add additional work 
locations without the approval of the Federal agency 
or State agency that requested the waiver; and 
‘‘(D) does not include a non-compete provision. 
‘‘(5) An alien granted a waiver under paragraph 
(1)(C) whose employment relationship with a health facil-
ity or health care organization terminates during the 3- 
year service period required by such paragraph— 
‘‘(A) shall have a period of 120 days beginning 
on the date of such termination of employment to 
submit to the Secretary of Homeland Security appli-
cations or petitions to commence employment with 
another contracting health facility or health care or-
ganization in a geographic area or areas which are 
designated by the Secretary of Health and Human 
Services as having a shortage of health care profes-
sionals; 
‘‘(B) shall be considered to be maintaining law-
ful status in an authorized stay during the 120-day 
period referred to in subsection (A); and 
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468 
‘‘(C) shall not be considered to be fulfilling the 
3-year term of service during the 120-day period re-
ferred to in subparagraph (A).’’. 
SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS. 
(a) IN GENERAL.—Section 214(l) (8 U.S.C. 1184(l)), 
as amended by section 2403, is further amended by adding 
at the end the following: 
‘‘(6)(A)(i) All States shall be allotted a total of 35 
waivers under paragraph (1)(B) for a fiscal year if 90 per-
cent of the waivers available to the States receiving at 
least 5 waivers were used in the previous fiscal year. 
‘‘(ii) When an allocation has occurred under clause 
(i), all States shall be allotted an additional 5 waivers 
under paragraph (1)(B) for each subsequent fiscal year 
if 90 percent of the waivers available to the States receiv-
ing at least 5 waivers were used in the previous fiscal year. 
If the States are allotted 45 or more waivers for a fiscal 
year, the States will only receive an additional increase 
of 5 waivers the following fiscal year if 95 percent of the 
waivers available to the States receiving at least 1 waiver 
were used in the previous fiscal year. 
‘‘(B) Any increase in allotments under subparagraph 
(A) shall be maintained indefinitely, unless in a fiscal year, 
the total number of such waivers granted is 5 percent 
lower than in the last year in which there was an increase 
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469 
in the number of waivers allotted pursuant to this para-
graph, in which case— 
‘‘(i) the number of waivers allotted shall be de-
creased by 5 for all States beginning in the next fis-
cal year; and 
‘‘(ii) each additional 5 percent decrease in such 
waivers granted from the last year in which there 
was an increase in the allotment, shall result in an 
additional decrease of 5 waivers allotted for all 
States, provided that the number of waivers allotted 
for all States shall not drop below 30.’’. 
(b) 
ACADEMIC
MEDICAL
CENTERS.—Section 
214(l)(1)(D) (8 U.S.C. 1184(l)(1)(D)) is amended— 
(1) in clause (ii), by striking ‘‘and’’ at the end; 
(2) in clause (iii), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(iv) in the case of a request by an inter-
ested State agency— 
‘‘(I) the head of such agency deter-
mines that the alien is to practice medicine 
in, or be on the faculty of a residency pro-
gram at, an academic medical center (as 
that 
term 
is 
defined 
in 
section 
411.355(e)(2) of title 42, Code of Federal 
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470 
Regulations, or similar successor regula-
tion), without regard to whether such facil-
ity is located within an area designated by 
the Secretary of Health and Human Serv-
ices as having a shortage of health care 
professionals; and 
‘‘(II) the head of such agency deter-
mines that— 
‘‘(aa) the alien physician’s work 
is in the public interest; and 
‘‘(bb) the grant of such waiver 
would not cause the number of the 
waivers granted on behalf of aliens for 
such State for a fiscal year (within 
the limitation in subparagraph (B) 
and subject to paragraph (6)) in ac-
cordance with the conditions of this 
clause to exceed 3.’’. 
SEC. 2405. AMENDMENTS TO THE PROCEDURES, DEFINI-
TIONS, AND OTHER PROVISIONS RELATED TO 
PHYSICIAN IMMIGRATION. 
(a) ALLOWABLE VISA STATUS FOR PHYSICIANS FUL-
FILLING WAIVER REQUIREMENTS IN MEDICALLY UNDER-
SERVED
AREAS.—Section 
214(l)(2)(A) 
(8 
U.S.C. 
1184(l)(2)(A)) is amended by striking ‘‘an alien described 
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471 
in section 101(a)(15)(H)(i)(b).’’ and inserting ‘‘any status 
authorized for employment under this Act.’’. 
(b) SHORT TERM WORK AUTHORIZATION FOR PHY-
SICIANS COMPLETING THEIR RESIDENCIES.—A physician 
completing graduate medical education or training as de-
scribed in section 212(j) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(j)) as a nonimmigrant described 
in section 101(a)(15)(H)(i) of such Act (8 U.S.C. 
1101(a)(15)(H)(i)) shall have such nonimmigrant status 
automatically extended until October 1 of the fiscal year 
for which a petition for a continuation of such non-
immigrant status has been submitted in a timely manner 
and where the employment start date for the beneficiary 
of such petition is October 1 of that fiscal year. Such phy-
sician shall be authorized to be employed incident to status 
during the period between the filing of such petition and 
October 1 of such fiscal year. However, the physician’s 
status and employment authorization shall terminate 30 
days from the date such petition is rejected, denied, or 
revoked. A physician’s status and employment authoriza-
tion will automatically extend to October 1 of the next fis-
cal year if all visas as described in such section 
101(a)(15)(H)(i) authorized to be issued for the fiscal 
year have been issued. 
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472 
(c) APPLICABILITY OF SECTION 212(e) TO SPOUSES 
AND CHILDREN OF J–1 EXCHANGE VISITORS.—A spouse 
or child of an exchange visitor described in section 
101(a)(15)(J) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(J)) shall not be subject to the require-
ments of section 212(e) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(e)). 
Subtitle E—Integration 
SEC. 2501. DEFINITIONS. 
In this subtitle: 
(1) CHIEF.—The term ‘‘Chief’’ means the Chief 
of the Office. 
(2) FOUNDATION.—The term ‘‘Foundation’’ 
means the United States Citizenship Foundation es-
tablished pursuant to section 2531. 
(3) IEACA 
GRANTS.—The term ‘‘IEACA 
grants’’ means Initial Entry, Adjustment, and Citi-
zenship Assistance grants authorized under section 
2537. 
(4) IMMIGRANT INTEGRATION.—The term ‘‘im-
migrant integration’’ means the process by which 
immigrants— 
(A) join the mainstream of civic life by en-
gaging and sharing ownership in their local 
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community, the United States, and the prin-
ciples of the Constitution; 
(B) attain financial self-sufficiency and up-
ward economic mobility for themselves and their 
family members; and 
(C) acquire English language skills and re-
lated cultural knowledge necessary to effectively 
participate in their community. 
(5) LINGUISTIC INTEGRATION.—The term ‘‘lin-
guistic integration’’ means the acquisition, by limited 
English proficient individuals, of English language 
skills and related cultural knowledge necessary to 
meaningfully and effectively fulfill their roles as 
community members, family members, and workers. 
(6) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Citizenship and New Americans established in 
U.S. Citizenship and Immigration Services under 
section 2511. 
(7) RECEIVING COMMUNITIES.—The term ‘‘re-
ceiving communities’’ means the long-term residents 
of the communities in which immigrants settle. 
(8) TASK
FORCE.—The term ‘‘Task Force’’ 
means the Task Force on New Americans estab-
lished pursuant to section 2521. 
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474 
(9) USCF COUNCIL.—The term ‘‘USCF Coun-
cil’’ means the Council of Directors of the Founda-
tion. 
CHAPTER 1—CITIZENSHIP AND NEW 
AMERICANS 
Subchapter A—Office of Citizenship and New 
Americans 
SEC. 2511. OFFICE OF CITIZENSHIP AND NEW AMERICANS. 
(a) RENAMING OFFICE OF CITIZENSHIP.— 
(1) IN GENERAL.—Beginning on the date of the 
enactment of this Act, the Office of Citizenship in 
U.S. Citizenship and Immigration Services shall be 
referred to as the ‘‘Office of Citizenship and New 
Americans’’. 
(2) REFERENCES.—Any reference in a law, reg-
ulation, document, paper, or other record of the 
United States to the Office of Citizenship in U.S. 
Citizenship and Immigration Services shall be 
deemed to be a reference to the Office of Citizenship 
and New Americans. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 451 of the Homeland Security Act 
of 2002 (6 U.S.C. 271) is amended— 
(A) in the section heading, by striking 
‘‘BUREAU OF’’ and inserting ‘‘U.S.’’; 
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(B) in subsection (a)(1), by striking ‘‘the 
‘Bureau of’’ and inserting ‘‘ ‘U.S.’’; 
(C) by striking ‘‘the Bureau of’’ each place 
such terms appears and inserting ‘‘U.S.’’; and 
(D) in subsection (f)— 
(i) by amending the subsection head-
ing to read as follows: ‘‘OFFICE OF CITI-
ZENSHIP AND NEW AMERICANS’’; and 
(ii) by striking paragraph (1) and in-
serting the following: 
‘‘(1) CHIEF.—The Office of Citizenship and 
New Americans shall be within U.S. Citizenship and 
Immigration Services and shall be headed by the 
Chief of the Office of Citizenship and New Ameri-
cans.’’. 
(b) FUNCTIONS.—Section 451(f) of such Act (6 
U.S.C. 271(f)), as amended by subsection (a)(3)(D), is 
further amended by striking paragraph (2) and inserting 
the following: 
‘‘(2) FUNCTIONS.—The Chief of the Office of 
Citizenship and New Americans shall— 
‘‘(A) promote institutions and provide 
training on citizenship responsibilities for aliens 
interested in becoming naturalized citizens of 
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