filed on or before the date of introduction 
of Secure America and Orderly Immigra-
tion Act. 
‘‘(ii) FINE.—An alien who is granted 
a waiver under clause (i) shall pay a 
$2,000 fine.’’. 
TITLE VII—H–5B 
NONIMMIGRANTS 
SEC. 701. H–5B NONIMMIGRANTS. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.) is 
amended by adding after section 250 the following: 
‘‘H–5B NONIMMIGRANTS 
‘‘SEC. 250A. (a) IN GENERAL.—The Secretary of 
Homeland Security shall adjust the status of an alien to 
that of a nonimmigrant under section 101(a)(15)(H)(v)(b) 
if the alien— 
‘‘(1) submits an application for such adjust-
ment; and 
‘‘(2) meets the requirements of this section. 
‘‘(b) PRESENCE IN THE UNITED STATES.—The alien 
shall establish that the alien— 
‘‘(1) was present in the United States before 
the date on which the Secure America and Orderly 
Immigration Act was introduced, and has been con-
tinuously in the United States since such date; and
‘‘(2) was not legally present in the United 
States on the date on which the Secure America and 
Orderly Immigration Act was introduced under any 
classification set forth in section 101(a)(15). 
‘‘(c) SPOUSES
AND CHILDREN.—Notwithstanding 
any other provision of law, the Secretary of Homeland Se-
curity shall, if the person is otherwise eligible under sub-
section (b)— 
‘‘(1) adjust the status to that of a non-
immigrant under section 101(a)(15)(H)(v)(b) for, or 
provide a nonimmigrant visa to, the spouse or child 
of an alien who is provided nonimmigrant status 
under section 101(a)(15)(H)(v)(b); or 
‘‘(2) adjust the status to that of a non-
immigrant under section 101(a)(15)(H)(v)(b) for an 
alien who, before the date on which the Secure 
America and Orderly Immigration Act was intro-
duced in Congress, was the spouse or child of an 
alien who is provided nonimmigrant status under 
section 101(a)(15)(H)(v)(b), or is eligible for such 
status, if— 
‘‘(A) the termination of the qualifying rela-
tionship was connected to domestic violence; 
and
‘‘(B) the spouse or child has been battered 
or subjected to extreme cruelty by the spouse or 
parent alien who is provided nonimmigrant sta-
tus under section 101(a)(15)(H)(v)(b). 
‘‘(d) OTHER CRITERIA.— 
‘‘(1) IN GENERAL.—An alien may be granted 
nonimmigrant 
status 
under 
section 
101(a)(15)(H)(v)(b), or granted status as the spouse 
or child of an alien eligible for such status under 
subsection (c), if the alien establishes that the 
alien— 
‘‘(A) is not inadmissible to the United 
States under section 212(a), except as provided 
in paragraph (2); or 
‘‘(B) has not ordered, incited, assisted, or 
otherwise participated in the persecution of any 
person on account of race, religion, nationality, 
membership in a particular social group, or po-
litical opinion. 
‘‘(2) GROUNDS OF INADMISSIBILITY.—In deter-
mining an alien’s admissibility under paragraph 
(1)(A)— 
‘‘(A) paragraphs (5), (6)(A), (6)(B), 
(6)(C), (6)(F), (6)(G), (7), (9), and (10)(B) of 
section 212(a) shall not apply for conduct that
occurred before the date on which the Secure 
America and Orderly Immigration Act was in-
troduced; 
‘‘(B) the Secretary of Homeland Security 
may not waive— 
‘‘(i) subparagraph (A), (B), (C), (E), 
(G), (H), or (I) of section 212(a)(2) (relat-
ing to criminals); 
‘‘(ii) section 212(a)(3) (relating to se-
curity and related grounds); or 
‘‘(iii) subparagraph (A) or (C) of sec-
tion 212(a)(10) (relating to polygamists 
and child abductors); 
‘‘(C) for conduct that occurred before the 
date on which the Secure America and Orderly 
Immigration Act was introduced, the Secretary 
of Homeland Security may waive the applica-
tion of any provision of section 212(a) not list-
ed in subparagraph (B) on behalf of an indi-
vidual alien for humanitarian purposes, to en-
sure family unity, or when such waiver is other-
wise in the public interest; and 
‘‘(D) nothing in this paragraph shall be 
construed as affecting the authority of the Sec-
retary of Homeland Security other than under
this paragraph to waive the provisions of sec-
tion 212(a). 
‘‘(3) APPLICABILITY OF OTHER PROVISIONS.— 
Sections 240B(d) and 241(a)(5) shall not apply to 
an alien who is applying for adjustment of status in 
accordance with this title for conduct that occurred 
before the date on which the Secure America and 
Orderly Immigration Act was introduced. 
‘‘(e) EMPLOYMENT.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security may not adjust the status of an alien to 
that 
of 
a 
nonimmigrant 
under 
section 
101(a)(15)(H)(v)(b) unless the alien establishes that 
the alien— 
‘‘(A) was employed in the United States, 
whether full time, part time, seasonally, or self- 
employed, before the date on which the Secure 
America and Orderly Immigration Act was in-
troduced; and 
‘‘(B) has been employed in the United 
States since that date. 
‘‘(2) EVIDENCE OF EMPLOYMENT.— 
‘‘(A) CONCLUSIVE DOCUMENTS.—An alien 
may conclusively establish employment status in 
compliance with paragraph (1) by submitting to
the Secretary of Homeland Security records 
demonstrating such employment maintained 
by— 
‘‘(i) the Social Security Administra-
tion, Internal Revenue Service, or by any 
other Federal, State, or local government 
agency; 
‘‘(ii) an employer; or 
‘‘(iii) a labor union, day labor center, 
or an organization that assists workers in 
matters related to employment. 
‘‘(B) OTHER DOCUMENTS.—An alien who 
is unable to submit a document described in 
clauses (i) through (iii) of subparagraph (A) 
may satisfy the requirement in paragraph (1) 
by submitting to the Secretary at least 2 other 
types of reliable documents that provide evi-
dence of employment, including— 
‘‘(i) bank records; 
‘‘(ii) business records; 
‘‘(iii) sworn affidavits from nonrel-
atives who have direct knowledge of the 
alien’s work; or 
‘‘(iv) remittance records.
100 
‘‘(3) INTENT OF CONGRESS.—It is the intent of 
Congress that the requirement in this subsection be 
interpreted and implemented in a manner that rec-
ognizes and takes into account the difficulties en-
countered by aliens in obtaining evidence of employ-
ment due to the undocumented status of the alien. 
‘‘(4) BURDEN OF PROOF.—An alien described 
in paragraph (1) who is applying for adjustment of 
status under this section has the burden of proving 
by a preponderance of the evidence that the alien 
has satisfied the requirements of this subsection. An 
alien may meet such burden of proof by producing 
sufficient evidence to demonstrate such employment 
as a matter of reasonable inference. 
‘‘(f) SPECIAL RULES FOR MINORS AND INDIVIDUALS 
WHO ENTERED AS MINORS.—The employment require-
ments under this section shall not apply to any alien under 
21 years of age. 
‘‘(g) EDUCATION PERMITTED.—An alien may satisfy 
the employment requirements under this section, in whole 
or in part, by full-time attendance at— 
‘‘(1) an institution of higher education (as de-
fined in section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001)); or
101 
‘‘(2) a secondary school (as defined in section 
9101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801)). 
‘‘(h) SECURITY
AND LAW ENFORCEMENT BACK-
GROUND CHECKS.— 
‘‘(1) SUBMISSION OF FINGERPRINTS.—An alien 
may not be granted nonimmigrant status under sec-
tion 101(a)(15)(H)(v)(b), or granted status as the 
spouse or child of an alien eligible for such status 
under subsection (c), unless the alien submits finger-
prints in accordance with procedures established by 
the Secretary of Homeland Security. 
‘‘(2) BACKGROUND CHECKS.—The Secretary of 
Homeland Security shall utilize fingerprints and 
other data provided by the alien to conduct a back-
ground check of such alien relating to criminal, na-
tional security, or other law enforcement actions 
that would render the alien ineligible for adjustment 
of status as described in this section. 
‘‘(3) EXPEDITIOUS
PROCESSING.—The back-
ground checks required under paragraph (2) shall be 
conducted as expeditiously as possible. 
‘‘(i) PERIOD OF AUTHORIZED STAY AND APPLICA-
TION FEE AND FINE.— 
‘‘(1) PERIOD OF AUTHORIZED STAY.—
102 
‘‘(A) IN GENERAL.—The period of author-
ized stay for a nonimmigrant described in sec-
tion 101(a)(15)(H)(v)(b) shall be 6 years. 
ø(B) 
LIMITATION.—The 
Secretary 
of 
Homeland Security may not authorize a change 
from such nonimmigrant classification to any 
other immigrant or nonimmigrant classification 
until the termination of the 6-year period de-
scribed in subparagraph (A). The Secretary 
may only extend such period to accommodate 
the processing of an application for adjustment 
of status under section 245B.¿ 
‘‘(2) APPLICATION
FEE.—The Secretary of 
Homeland Security shall impose a fee for filing an 
application for adjustment of status under this sec-
tion. Such fee shall be sufficient to cover the admin-
istrative and other expenses incurred in connection 
with the review of such applications. 
‘‘(3) FINES.— 
‘‘(A) IN GENERAL.—In addition to the fee 
required under paragraph (2), the Secretary of 
Homeland Security may accept an application 
for adjustment of status under this section only 
if the alien pays a $1,000 fine.
103 
‘‘(B) EXCEPTION.—Fines paid under this 
paragraph shall not be required from an alien 
under the age of 21. 
‘‘(4) COLLECTION
OF
FEES
AND
FINES.—All 
fees and fines collected under this section shall be 
deposited in the Treasury in accordance with section 
286(w). 
‘‘(j) TREATMENT OF APPLICANTS.— 
‘‘(1) IN GENERAL.—An alien who files an appli-
cation under this section, including the alien’s 
spouse or child— 
‘‘(A) shall be granted employment author-
ization pending final adjudication of the alien’s 
application for adjustment of status; 
‘‘(B) shall be granted permission to travel 
abroad; 
‘‘(C) may not be detained, determined in-
admissible or deportable, or removed pending 
final adjudication of the alien’s application for 
adjustment of status, unless the alien, through 
conduct or criminal conviction, becomes ineli-
gible for such adjustment of status; and 
‘‘(D) may not be considered an unauthor-
ized alien (as defined in section 274A(h)(3))
104 
until employment authorization under subpara-
graph (A) is denied. 
‘‘(2) BEFORE
APPLICATION
PERIOD.—If an 
alien is apprehended after the date of enactment of 
this section, but before the promulgation of regula-
tions pursuant to this section, and the alien can es-
tablish prima facie eligibility as a nonimmigrant 
under section 101(a)(15)(H)(v)(b), the Secretary of 
Homeland Security shall provide the alien with a 
reasonable opportunity, after promulgation of regu-
lations, to file an application for adjustment. 
‘‘(3) DURING
CERTAIN
PROCEEDINGS.—Not-
withstanding any provision of this Act, an alien who 
is in removal proceedings shall have an opportunity 
to apply for adjustment of status under this title un-
less a final administrative determination has been 
made. 
‘‘(4) RELATIONSHIPS OF APPLICATION TO CER-
TAIN
ORDERS.—An alien who is present in the 
United States and has been ordered excluded, de-
ported, removed, or ordered to depart voluntarily 
from the United States under any provision of this 
Act may, notwithstanding such order, apply for ad-
justment of status in accordance with this section. 
Such an alien shall not be required to file a separate
105 
motion to reopen, reconsider, or vacate the exclu-
sion, deportation, removal, or voluntary departure 
order. If the Secretary of Homeland Security grants 
the application, the Secretary shall cancel such 
order. If the Secretary of Homeland Security ren-
ders a final administrative decision to deny the ap-
plication, such order shall be effective and enforce-
able to the same extent as if the application had not 
been made. 
‘‘(k) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
‘‘(1) ADMINISTRATIVE REVIEW.— 
‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE 
APPELLATE REVIEW.—The Secretary of Home-
land Security shall establish an appellate au-
thority within the United States Citizenship 
and Immigration Services to provide for a sin-
gle level of administrative appellate review of a 
determination respecting an application for ad-
justment of status under this section. 
‘‘(B) STANDARD FOR REVIEW.—Adminis-
trative appellate review referred to in subpara-
graph (A) shall be based solely upon the admin-
istrative record established at the time of the 
determination on the application and upon the
106 
presentation of additional or newly discovered 
evidence during the time of the pending appeal. 
‘‘(2) JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—There shall be judicial 
review in the Federal courts of appeal of the de-
nial of an application for adjustment of status 
under this section. Notwithstanding any other 
provision of law, the standard for review of 
such a denial shall be governed by subpara-
graph (B). 
‘‘(B) STANDARD FOR JUDICIAL REVIEW.— 
Judicial review of a denial of an application 
under this section shall be based solely upon the 
administrative record established at the time of 
the review. The findings of fact and other de-
terminations contained in the record shall be 
conclusive unless the applicant can establish 
abuse of discretion or that the findings are di-
rectly contrary to clear and convincing facts 
contained in the record, considered as a whole. 
‘‘(C) JURISDICTION OF COURTS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law, the district 
courts of the United States shall have ju-
risdiction over any cause or claim arising
107 
from a pattern or practice of the Secretary 
of Homeland Security in the operation or 
implementation of this section that is arbi-
trary, capricious, or otherwise contrary to 
law, and may order any appropriate relief. 
‘‘(ii) REMEDIES.—A district court 
may order any appropriate relief under 
clause (i) if the court determines that reso-
lution of such cause or claim will serve ju-
dicial and administrative efficiency or that 
a remedy would otherwise not be reason-
ably available or practicable. 
‘‘(3) STAY OF REMOVAL.—Aliens seeking ad-
ministrative or judicial review under this subsection 
shall not be removed from the United States until a 
final decision is rendered establishing ineligibility 
under this section. 
‘‘(l) CONFIDENTIALITY OF INFORMATION.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, no Federal agency or bu-
reau, nor any officer, employee, or agent of such 
agency or bureau, may— 
‘‘(A) use the information furnished by the 
applicant pursuant to an application filed under
108 
this section for any purpose other than to make 
a determination on the application; 
‘‘(B) make any publication through which 
the information furnished by any particular ap-
plicant can be identified; or 
‘‘(C) permit anyone other than the sworn 
officers and employees of such agency or bureau 
to examine individual applications. 
‘‘(2) REQUIRED DISCLOSURES.—The Secretary 
of Homeland Security shall provide the information 
furnished pursuant to an application filed under this 
section, and any other information derived from 
such furnished information, to a duly recognized law 
enforcement entity in connection with a criminal in-
vestigation or prosecution or a national security in-
vestigation or prosecution, in each instance about an 
individual suspect or group of suspects, when such 
information is requested in writing by such entity. 
‘‘(3) CRIMINAL
PENALTY.—Any person who 
knowingly uses, publishes, or permits information to 
be examined in violation of this subsection shall be 
fined not more than $10,000. 
‘‘(m) PENALTIES FOR FALSE STATEMENTS IN AP-
PLICATIONS.— 
‘‘(1) CRIMINAL PENALTY.—
109 
‘‘(A) VIOLATION.—It shall be unlawful for 
any person— 
‘‘(i) to file or assist in filing an appli-
cation for adjustment of status under this 
section and knowingly and willfully falsify, 
misrepresent, conceal, or cover up a mate-
rial fact or make any false, fictitious, or 
fraudulent statements or representations, 
or make or use any false writing or docu-
ment knowing the same to contain any 
false, fictitious, or fraudulent statement or 
entry; or 
‘‘(ii) to create or supply a false writ-
ing or document for use in making such an 
application. 
‘‘(B) PENALTY.—Any person who violates 
subparagraph (A) shall be fined in accordance 
with title 18, United States Code, imprisoned 
not more than 5 years, or both. 
‘‘(2) INADMISSIBILITY.—An alien who is con-
victed of a crime under paragraph (1) shall be con-
sidered to be inadmissible to the United States on 
the ground described in section 212(a)(6)(C)(i). 
‘‘(3) EXCEPTION.—Notwithstanding paragraphs 
(1) and (2), any alien or other entity (including an
110 
employer or union) that submits an employment 
record that contains incorrect data that the alien 
used in order to obtain such employment before the 
date on which the Secure America and Orderly Im-
migration Act is introduced, shall not, on that 
ground, be determined to have violated this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item relating 
to section 250 the following: 
‘‘Sec. 250A. –5B nonimmigrants.’’. 
SEC. 702. ADJUSTMENT OF STATUS FOR H–5B NON-
IMMIGRANTS. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245A the following: 
‘‘ADJUSTMENT
OF
STATUS
OF
FORMER
H–5B
NON-
IMMIGRANT TO THAT OF PERSON ADMITTED FOR 
LAWFUL PERMANENT RESIDENCE 
‘‘SEC. 245B. (a) REQUIREMENTS.—The Secretary 
shall adjust the status of an alien from nonimmigrant sta-
tus under section 101(a)(15)(H)(v)(b) to that of an alien 
lawfully admitted for permanent residence under this sec-
tion if the alien satisfies the following requirements:
111 
‘‘(1) COMPLETION OF EMPLOYMENT OR EDU-
CATION REQUIREMENT.—The alien establishes that 
the alien has been employed in the United States, ei-
ther full time, part time, seasonally, or self-em-
ployed, or has met the education requirements of 
subsection (f) or (g) of section 250A during the pe-
riod required by section 250A(e). 
‘‘(2) RULEMAKING.—The Secretary shall estab-
lish regulations for the timely filing and processing 
of applications for adjustment of status for non-
immigrants under section 101(a)(15)(H)(v)(b). 
‘‘(3) APPLICATION AND FEE.—The alien who 
applies for adjustment of status under this section 
shall pay the following: 
‘‘(A) APPLICATION
FEE.—An alien who 
files an application under section 245B of the 
Immigration and Nationality Act, shall pay an 
application fee, set by the Secretary. 
‘‘(B) ADDITIONAL FINE.—Before the adju-
dication of an application for adjustment of sta-
tus filed under this section, an alien who is at 
least 21 years of age shall pay a fine of $1,000. 
‘‘(4) 
ADMISSIBLE
UNDER
IMMIGRATION 
LAWS.—The alien establishes that the alien is not 
inadmissible under section 212(a), except for any
112 
provision of that section that is not applicable or 
waived under section 250A(d)(2). 
‘‘(5) MEDICAL EXAMINATION.—The alien shall 
undergo, at the alien’s expense, an appropriate med-
ical examination (including a determination of im-
munization status) that conforms to generally ac-
cepted professional standards of medical practice. 
‘‘(6) PAYMENT OF INCOME TAXES.— 
‘‘(A) IN
GENERAL.—Not later than the 
date on which status is adjusted under this sec-
tion, the alien shall establish the payment of all 
Federal income taxes owed for employment dur-
ing the period of employment required by sec-
tion 250A(e) by establishing that— 
‘‘(i) no such tax liability exists; 
‘‘(ii) all outstanding liabilities have 
been met; or 
‘‘(iii) the alien has entered into an 
agreement for payment of all outstanding 
liabilities with the Internal Revenue Serv-
ice. 
‘‘(B) IRS
COOPERATION.—The Commis-
sioner of Internal Revenue shall provide docu-
mentation to an alien upon request to establish
113 
the payment of all income taxes required by 
this paragraph. 
‘‘(7) BASIC CITIZENSHIP SKILLS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the alien shall establish that 
the alien— 
‘‘(i) meets the requirements of section 
312; or 
‘‘(ii) is satisfactorily pursuing a 
course of study to achieve such an under-
standing of English and knowledge and 
understanding of the history and govern-
ment of the United States. 
‘‘(B) RELATION TO NATURALIZATION EX-
AMINATION.—An alien who demonstrates that 
the alien meets the requirements of section 312 
may be considered to have satisfied the require-
ments of that section for purposes of becoming 
naturalized as a citizen of the United States 
under title III. 
‘‘(8) SECURITY AND LAW ENFORCEMENT BACK-
GROUND CHECKS.—The Secretary shall conduct a 
security and law enforcement background check in 
accordance with procedures described in section 
250A(h).
114 
‘‘(9) MILITARY SELECTIVE SERVICE.—The alien 
shall establish that if the alien is within the age pe-
riod required under the Military Selective Service 
Act (50 U.S.C. App. 451 et seq.), that such alien 
has registered under that Act. 
‘‘(b) TREATMENT OF SPOUSES AND CHILDREN.— 
‘‘(1) 
ADJUSTMENT
OF
STATUS.—Notwith-
standing any other provision of law, the Secretary of 
Homeland Security shall— 
‘‘(A) adjust the status to that of a lawful 
permanent resident under this section, or pro-
vide an immigrant visa to the spouse or child 
of an alien who adjusts status to that of a per-
manent resident under this section; or 
‘‘(B) adjust the status to that of a lawful 
permanent resident under this section for an 
alien who was the spouse or child of an alien 
who adjusts status or is eligible to adjust status 
to that of a permanent resident under section 
245B in accordance with subsection (a), if— 
‘‘(i) the termination of the qualifying 
relationship was connected to domestic vio-
lence; and 
‘‘(ii) the spouse or child has been bat-
tered or subjected to extreme cruelty by
115 
the spouse or parent who adjusts status to 
that of a permanent resident under this 
section. 
‘‘(2) APPLICATION OF OTHER LAW.—In acting 
on applications filed under this subsection with re-
spect to aliens who have been battered or subjected 
to extreme cruelty, the Secretary of Homeland Secu-
rity 
shall 
apply 
the 
provisions 
of 
section 
204(a)(1)(J) and the protections, prohibitions, and 
penalties under section 384 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1367). 
‘‘(c) JUDICIAL REVIEW; CONFIDENTIALITY; PEN-
ALTIES.—Subsections (n), (o), and (p) of section 250A 
shall apply to this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item relating 
to section 245A the following: 
‘‘Sec. 245B. Adjustment of status of former H–5B nonimmigrant to that of 
person admitted for lawful permanent residence.’’. 
SEC. 703. ALIENS NOT SUBJECT TO DIRECT NUMERICAL 
LIMITATIONS. 
Section 201(b)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1151(b)(1)) is amended—
116 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (A) or (B) of’’; and 
(2) by adding at the end the following: 
‘‘(F) Aliens whose status is adjusted from the 
status described in section 101(a)(15)(H)(v)(b).’’. 
SEC. 704. EMPLOYER PROTECTIONS. 
(a) IMMIGRATION STATUS OF ALIEN.—Employers of 
aliens applying for adjustment of status under section 
245B or 250A of the Immigration and Nationality Act, 
as added by this title, shall not be subject to civil and 
criminal tax liability relating directly to the employment 
of such alien prior to such alien receiving employment au-
thorization under this title. 
(b) PROVISION OF EMPLOYMENT RECORDS.—Em-
ployers that provide unauthorized aliens with copies of em-
ployment records or other evidence of employment pursu-
ant to an application for adjustment of status under sec-
tion 245B or 250A of the Immigration and Nationality 
Act or any other application or petition pursuant to any 
other immigration law, shall not be subject to civil and 
criminal liability under section 274A of such Act for em-
ploying such unauthorized aliens. 
(c) APPLICABILITY OF OTHER LAW.—Nothing in this 
section may be used to shield an employer from liability 
under section 274B of the Immigration and Nationality
117 
Act (8 U.S.C. 1324b) or any other labor or employment 
law. 
SEC. 705. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary of Homeland Security such sums 
as may be necessary to carry out this title and the amend-
ments made by this title. 
(b) AVAILABILITY OF FUNDS.—Funds appropriated 
pursuant subsection (a) shall remain available until ex-
pended. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that funds authorized to be appropriated under sub-
section (a) should be directly appropriated so as to facili-
tate the orderly and timely commencement of the proc-
essing of applications filed under sections 245B and 250A 
of the Immigration and Nationality Act, as added by this 
Act. 
TITLE VIII—PROTECTION 
AGAINST IMMIGRATION FRAUD 
SEC. 801. RIGHT TO QUALIFIED REPRESENTATION. 
Section 292 of the Immigration and Nationality Act 
(8 U.S.C. 1362) is amended to read as follows: 
‘‘RIGHT TO QUALIFIED REPRESENTATION IN 
IMMIGRATION MATTERS 
‘‘SEC. 292. (a) AUTHORIZED REPRESENTATIVES IN 
IMMIGRATION MATTERS.—Only the following individuals
118 
are authorized to represent an individual in an immigra-
tion matter before any Federal agency or entity: 
‘‘(1) An attorney. 
‘‘(2) A law student who is enrolled in an ac-
credited law school, or a graduate of an accredited 
law school who is not admitted to the bar, if— 
‘‘(A) the law student or graduate is ap-
pearing at the request of the individual to be 
represented; 
‘‘(B) in the case of a law student, the law 
student has filed a statement that the law stu-
dent is participating, under the direct super-
vision of a faculty member, attorney, or accred-
ited representative, in a legal aid program or 
clinic conducted by a law school or nonprofit or-
ganization, and that the law student is appear-
ing without direct or indirect remuneration 
from the individual the law student represents; 
‘‘(C) in the case of a graduate, the grad-
uate has filed a statement that the graduate is 
appearing under the supervision of an attorney 
or accredited representative and that the grad-
uate is appearing without direct or indirect re-
muneration from the individual the graduate 
represents; and
119 
‘‘(D) the law student’s or graduate’s ap-
pearance is— 
‘‘(i) permitted by the official before 
whom the law student or graduate wishes 
to appear; and 
‘‘(ii) accompanied by the supervising 
faculty member, attorney, or accredited 
representative, to the extent required by 
such official. 
‘‘(3) Any reputable individual, if— 
‘‘(A) the individual is appearing on an in-
dividual case basis, at the request of the indi-
vidual to be represented; 
‘‘(B) the individual is appearing without 
direct or indirect remuneration and the indi-
vidual files a written declaration to that effect, 
except as described in subparagraph (D); 
‘‘(C) the individual has a pre-existing rela-
tionship or connection with the individual enti-
tled to representation, such as a relative, neigh-
bor, clergyman, business associate, or personal 
friend, except that this requirement may be 
waived, as a matter of administrative discretion, 
in cases where adequate representation would 
not otherwise be available; and
120 
‘‘(D) if making a personal appearance on 
behalf of another individual, the appearance is 
permitted by the official before whom the indi-
vidual wishes to appear, except that such per-
mission shall not be granted with respect to any 
individual who regularly engages in immigration 
and naturalization practice or preparation, or 
holds himself or herself out to the public as 
qualified to do so. 
‘‘(4) An individual representing a recognized or-
ganization (as described in subsection (f)) who has 
been approved to serve as an accredited representa-
tive by the Board of Immigration Appeals under 
subsection (f)(2). 
‘‘(5) An accredited official, in the United 
States, of the government to which an alien owes al-
legiance, if the official appears solely in his or her 
official capacity and with the consent of the person 
to be represented. 
‘‘(6) An individual who is licensed to practice 
law and is in good standing in a court of general ju-
risdiction of the country in which the individual re-
sides and who is engaged in such practice, if the 
person represents persons only in matters outside 
the United States and that the official before whom
121 
such person wishes to appear allows such represen-
tation, as a matter of discretion. 
‘‘(7) An attorney, or an organization rep-
resented by an attorney, may appear, on a case-by- 
case basis, as amicus curiae, if the Board of Immi-
gration Appeals grants such permission and the pub-
lic interest will be served by such appearance. 
‘‘(b) FORMER
EMPLOYEES.—No individual pre-
viously employed by the Department of Justice, Depart-
ment of State, Department of Labor, or Department of 
Homeland Security may be permitted to act as an author-
ized representative under this section, if such authoriza-
tion would violate any other applicable provision of Fed-
eral law or regulation. In addition, any application for 
such authorization must disclose any prior employment by 
or contract with such agencies for services of any nature. 
‘‘(c) ADVERTISING.—Only an attorney or an indi-
vidual approved under subsection (f)(2) as an accredited 
representative may advertise or otherwise hold themselves 
out as being able to provide representation in an immigra-
tion matter. This provision shall in no way be deemed to 
diminish any Federal or State law to regulate, control, or 
enforce laws regarding such advertisement, solicitation, or 
offer of representation.
122 
‘‘(d) REMOVAL PROCEEDINGS.—In any proceeding 
for the removal of an individual from the United States 
and in any appeal proceedings from such proceeding, the 
individual shall have the privilege, as the individual shall 
choose, of being represented (at no expense to the Govern-
ment) by an individual described in subsection (a). Rep-
resentation by an individual other than a person described 
in subsection (a) may cause the representative to be sub-
ject to civil penalties or such other penalties as may be 
applicable. 
‘‘(e) BENEFITS FILINGS.—In any filing or submis-
sion for an immigration related benefit or a determination 
related to the immigration status of an individual made 
to the Department of Homeland Security, the Department 
of Labor, or the Department of State, the individual shall 
have the privilege, as the individual shall choose, of being 
represented (at no expense to the Government) by an indi-
vidual described in subsection (a). Representation by an 
individual other than an individual described in subsection 
(a) is cause for the representative to be subject to civil 
or criminal penalties, as may be applicable. 
‘‘(f) RECOGNIZED ORGANIZATIONS AND ACCREDITED 
REPRESENTATIVES.— 
‘‘(1) RECOGNIZED ORGANIZATIONS.—
123 
‘‘(A) IN GENERAL.—The Board of Immi-
gration Appeals may determine that a person is 
a recognized organization if such person— 
‘‘(i) is a nonprofit religious, chari-
table, social service, or similar organization 
established in the United States that— 
‘‘(I) is recognized by the Board 
of Immigration Appeals; and 
‘‘(II) is authorized to designate a 
representative to appear in an immi-
gration matter before the Department 
of Homeland Security or the Execu-
tive Office for Immigration Review of 
the Department of Justice; and 
‘‘(ii) demonstrates to the Board that 
such person— 
‘‘(I) makes only nominal charges 
and assesses no excessive membership 
dues for individuals given assistance; 
and 
‘‘(II) has at its disposal adequate 
knowledge, information, and experi-
ence.
124 
‘‘(B) BONDING.—The Board, in its discre-
tion, may impose a bond requirement on new 
organizations seeking recognition. 
‘‘(C) REPORTING
OBLIGATIONS.—Recog-
nized organizations shall promptly notify the 
Board when the organization no longer meets 
the requirements for recognition or when an ac-
credited representative employed by the recog-
nized organization ceases to be employed by the 
recognized organization. 
‘‘(2) 
ACCREDITED
REPRESENTATIVES.—The 
Board of Immigration Appeals shall approve any 
qualified individual designated by a recognized orga-
nization to serve as an accredited representative. 
Such individual must be employed by the recognized 
organization and must meet all requirements set 
forth in this section and in the accompanying regu-
lations to be authorized to represent individuals in 
an immigration matter. Accredited representatives, 
through their recognized organizations, must certify 
their continuing eligibility for accreditation every 3 
years with the Board of Immigration Appeals. Ac-
credited representatives who fail to comply with 
these requirements shall not have authority to rep-
125 
resent persons in an immigration matter for the rec-
ognized organization. 
‘‘(g) PROHIBITED ACTS.—An individual, other than 
an individual authorized to represent an individual under 
this section, may not— 
‘‘(1) directly or indirectly provide or offer rep-
resentation regarding an immigration matter for 
compensation or contribution; 
‘‘(2) advertise or solicit representation in an im-
migration matter; 
‘‘(3) retain any compensation provided for a 
prohibited act described in paragraph (1) or (2), re-
gardless of whether any petition, application, or 
other document was filed with any government agen-
cy or entity and regardless of whether a petition, ap-
plication, or other document was prepared or rep-
resented to have been prepared by such individual; 
‘‘(4) represent directly or indirectly that the in-
dividual is an attorney or supervised by or affiliated 
with an attorney, when such representation is false; 
or 
‘‘(5) violate any applicable civil or criminal stat-
ute or regulation of a State regarding the provision 
of representation by providing or offering to provide
126 
immigration or immigration-related assistance ref-
erenced in this subsection. 
‘‘(h) CIVIL ENFORCEMENT.— 
‘‘(1) IN GENERAL.—Any person, or any entity 
acting for the interests of itself, its members, or the 
general public (including a Federal law enforcement 
official or agency or law enforcement official or 
agency of any State or political subdivision of a 
State), that has reason to believe that any person is 
being or has been injured by reason of a violation of 
subsection (g) may commence a civil action in any 
court of competent jurisdiction. 
‘‘(2) REMEDIES.— 
‘‘(A) 
DAMAGES.—In 
any 
civil 
action 
brought under this subsection, if the court finds 
that the defendant has violated subsection (g), 
it shall award actual damages, plus the greater 
of— 
‘‘(i) an amount treble the amount of 
actual damages; or 
‘‘(ii) $1,000 per violation. 
‘‘(B) INJUNCTIVE
RELIEF.—The court 
may award appropriate injunctive relief, includ-
ing temporary, preliminary, or permanent in-
junctive relief, and restitution. Injunctive relief
127 
may include, where appropriate, an order tem-
porarily or permanently enjoining the defendant 
from providing any service to any person in any 
immigration matter. The court may make such 
orders or judgments, including the appointment 
of a receiver, as may be necessary to prevent 
the commission of any act described in sub-
section (g). 
‘‘(C) ATTORNEY’S FEES.—The court shall 
also grant a prevailing plaintiff reasonable at-
torney’s fees and costs, including expert witness 
fees. 
‘‘(D) CIVIL PENALTIES.—The court may 
also assess a civil penalty not exceeding 
$50,000 for a first violation, and not exceeding 
$100,000 for subsequent violations. 
‘‘(E) 
CUMULATIVE
REMEDIES.—Unless 
otherwise expressly provided, the remedies or 
penalties provided under this paragraph are cu-
mulative to each other and to the remedies or 
penalties available under all other Federal laws 
or laws of the jurisdiction where the violation 
occurred. 
‘‘(3) NONPREEMPTION.—Nothing in this sub-
section shall be construed to preempt any other pri-
128 
vate right of action or any right of action pursuant 
to the laws of any jurisdiction. 
‘‘(4) 
DISCOVERY.—Information 
obtained 
through discovery in a civil action under this sub-
section shall not be used in any criminal action. 
Upon the request of any party to a civil action under 
this subsection, any part of the court file that makes 
reference to information discovered in a civil action 
under this subsection may be sealed. 
‘‘(i) NONPREEMPTION OF MORE PROTECTIVE STATE 
AND LOCAL LAWS.—The provisions of this section super-
sede laws, regulations, and municipal ordinances of any 
State only to the extent such laws, regulations, and munic-
ipal ordinances impede the application of any provision of 
this section. Any State or political subdivision of a State 
may impose requirements supplementing those imposed by 
this section. 
‘‘(j) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘attorney’ means a person who— 
‘‘(A) is a member in good standing of the 
bar of the highest court of a State; and 
‘‘(B) is not under any order of any court 
suspending, enjoining, restraining, disbarring, 
or otherwise restricting such person in the prac-
tice of law;
129 
‘‘(2) the term ‘compensation’ means money, 
property, labor, promise of payment, or any other 
consideration provided directly or indirectly to an in-
dividual 
‘‘(3) the term ‘immigration matter’ means any 
proceeding, filing, or action affecting the immigra-
tion or citizenship status of any person, which arises 
under any immigration or nationality law, Executive 
order, Presidential proclamation, or action of any 
Federal agency; 
‘‘(4) the term ‘representation’, when used with 
respect to the representation of a person, includes— 
‘‘(A) the appearance, either in person or 
through the preparation or filing of any brief or 
other document, paper, application, or petition 
on behalf of another person or client, before any 
Federal agency or officer; and 
‘‘(B) the study of the facts of a case and 
the applicable laws, coupled with the giving of 
advice and auxiliary activities, including the in-
cidental preparation of papers; and 
‘‘(5) the term ‘State’ includes a State or an 
outlying possession of the United States.’’.
130 
SEC. 802. PROTECTION OF WITNESS TESTIMONY. 
(a) DEFINITION.—Section 101(a)(15)(U)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(i)) is amended— 
(1) by inserting in subclause (I) after the 
phrase ‘‘clause (iii)’’ the following: ‘‘or has suffered 
substantial financial, physical, or mental harm as 
the result of a prohibited act described in section 
292;’’ 
(2) by inserting in subclause (II) after the 
phrase ‘‘clause (iii)’’ the following: ‘‘or section 292’’; 
(3) by inserting in subclause (III) after the 
phrase ‘‘clause (iii)’’ the following: ‘‘or section 292’’; 
and 
(4) by inserting in subclause (IV) after the 
phrase ‘‘clause (iii)’’ the following: ‘‘or section 292’’. 
(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(p) of the Immigration and Nationality Act of (8 
U.S.C. 1184(p)) is amended— 
(1) in paragraph (1), by inserting ‘‘or section 
274E’’ after ‘‘section 101(a)(15)(U)(iii)’’ each place 
it appears; and 
(2) in paragraph (2)(A), by striking ‘‘10,000’’ 
and inserting ‘‘15,000’’.
131 
TITLE IX—CIVICS INTEGRATION 
SEC. 901. FUNDING FOR THE OFFICE OF CITIZENSHIP. 
(a) AUTHORIZATION.—The Secretary of Homeland 
Security, acting through the Director of the Bureau of 
Citizenship and Immigration Services, is authorized to es-
tablish the United States Citizenship Foundation (referred 
to in this section as the ‘‘Foundation’’), an organization 
duly incorporated in the District of Columbia, exclusively 
for charitable and educational purposes to support the 
functions of the Office of Citizenship (as described in sec-
tion 451(f)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 271(f)(2)). 
(b) GIFTS.— 
(1) TO FOUNDATION.—The Foundation may so-
licit, accept, and make gifts of money and other 
property in accordance with section 501(c)(3) of the 
Internal Revenue Code of 1986. 
(2) FROM FOUNDATION.—The Office of Citizen-
ship may accept gifts from the Foundation to sup-
port the functions of the Office. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out the mission of the Office of Citizen-
ship.
132 
SEC. 902. CIVICS INTEGRATION GRANT PROGRAM. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a competitive grant program to fund— 
(1) efforts by entities certified by the Office of 
Citizenship to provide civics and English as a second 
language courses; or 
(2) other activities approved by the Secretary to 
promote civics and English as a second language. 
(b) ACCEPTANCE OF GIFTS.—The Secretary may ac-
cept and use gifts from the United States Citizenship 
Foundation for grants under this section. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
TITLE X—PROMOTING ACCESS 
TO HEALTH CARE 
SEC. 1001. FEDERAL REIMBURSEMENT OF EMERGENCY 
HEALTH SERVICES FURNISHED TO UNDOCU-
MENTED ALIENS. 
Section 1011 of the Medicare Prescription Drug, Im-
provement, and Modernization Act of 2003 (42 U.S.C. 
1395dd note) is amended— 
(1) by striking ‘‘2008’’ and inserting ‘‘2011’’; 
and 
(2) in subsection (c)(5), by adding at the end 
the following:
133 
‘‘(D) Nonimmigrants described in section 
101(a)(15)(H)(v) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(H)(v)’’. 
SEC. 1002. PROHIBITION AGAINST OFFSET OF CERTAIN 
MEDICARE AND MEDICAID PAYMENTS. 
Payments made under section 1011 of the Medicare 
Prescription Drug, Improvement, and Modernization Act 
of 2003 (42 U.S.C. 1395dd note)— 
(1) shall not be considered ‘‘third party cov-
erage’’ for the purposes of section 1923 of the Social 
Security Act (42 U.S.C. 1396r–4); and 
(2) shall not impact payments made under such 
section of the Social Security Act. 
SEC. 
1003. 
PROHIBITION 
AGAINST 
DISCRIMINATION 
AGAINST ALIENS ON THE BASIS OF EMPLOY-
MENT IN HOSPITAL-BASED VERSUS NONHOS-
PITAL-BASED SITES. 
Section 214(l)(1)(C) of the Immigrant and Nation-
ality Act (8 U.S.C. 1184(l)(1)(C) is amended— 
(1) in clause (i), by striking ‘‘and’’ at the end; 
and 
(2) by adding at the end the following: 
‘‘(iii) such interested Federal agency 
or interested State agency, in determining 
which aliens will be eligible for such waiv-
134 
ers, does not utilize selection criteria, other 
than as described in this subsection, that 
discriminate on the basis of the alien’s em-
ployment in a hospital-based versus non-
hospital-based 
facility 
or 
organization; 
and’’. 
SEC. 1004. BINATIONAL PUBLIC HEALTH INFRASTRUCTURE 
AND HEALTH INSURANCE. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services shall contract with the Institute of 
Medicine of the National Academies (referred to in 
this section as the ‘‘Institute’’) to study binational 
public health infrastructure and health insurance ef-
forts. 
(2) INPUT.—In conducting the study under 
paragraph (1), the Institute shall solicit input from 
border health experts and health insurance compa-
nies. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which the Secretary of Health and 
Human Services enters into a contract under sub-
section (a), the Institute shall submit a report con-
cerning the study conducted under subsection (a) to
135 
the Secretary of Health and Human Services and 
the appropriate committees of Congress. 
(2) CONTENTS.—The report submitted under 
paragraph (1) shall include the recommendations of 
the Institute on ways to expand or improve bina-
tional public health infrastructure and health insur-
ance efforts. 
TITLE XI—MISCELLANEOUS 
SEC. 1101. SUBMISSION TO CONGRESS OF INFORMATION 
REGARDING H–5A NONIMMIGRANTS. 
(a) ENSURING ACCURATE COUNT.—The Secretary of 
State and the Secretary of Homeland Security shall main-
tain an accurate count of the number of aliens subject to 
the numerical limitations under section 214(g)(1)(C) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1184(g)(1)(C)) who are issued visas or otherwise provided 
nonimmigrant status. 
(b) PROVISION OF INFORMATION.— 
(1) 
QUARTERLY
NOTIFICATION.—Beginning 
with the first fiscal year after regulations are pro-
mulgated to implement this Act, the Secretary of 
State and the Secretary of Homeland Security shall 
submit quarterly reports to the Committee on the 
Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives containing
136 
the numbers of aliens who were issued visas or oth-
erwise provided nonimmigrant status under section 
101(a)(15)(H)(v)(a) of the Immigrant and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(v)(a)) during 
the preceding 3-month period. 
(2) ANNUAL SUBMISSION.—Beginning with the 
first fiscal year after regulations are promulgated to 
implement this Act, the Secretary of Homeland Se-
curity shall submit annual reports to the Committee 
on the Judiciary of the Senate and the Committee 
on the Judiciary of the House of Representatives, 
containing information on the countries of origin 
and occupations of, geographic area of employment 
in the United States, and compensation paid to, 
aliens who were issued visas or otherwise provided 
nonimmigrant 
status 
under 
such 
section 
101(a)(15)(H)(v)(a). The Secretary shall compile 
such reports based on the data reported by employ-
ers to the Employment Eligibility Confirmation Sys-
tem established in section 402. 
SEC. 1102. H–5 NONIMMIGRANT PETITIONER ACCOUNT. 
Section 286 of the Immigration and Nationality Act 
(8 U.S.C. 1356) is amended by adding at the end the fol-
lowing:
137 
‘‘(w)(1) There is established in the general fund of 
the Treasury of the United States an account, which shall 
be known as the ‘H–5 Nonimmigrant Petitioner Account’. 
‘‘(2) There shall be deposited as offsetting receipts 
into the H–5 Nonimmigrant Petitioners Account— 
‘‘(A) all fees collected under section 218A; and 
‘‘(B) 
all 
fines 
collected 
under 
section 
212(n)(2)(I). 
‘‘(3) Of the fees and fines deposited into the H–5 
Nonimmigrant Petitioner Account— 
‘‘(A) 53 percent shall remain available to the 
Secretary of Homeland Security for efforts related 
to the adjudication and implementation of the H–5 
visa programs described in sections 221(a) and 
250A and any other efforts necessary to carry out 
the provisions of the øSecure America and Orderly 
Immigration Act¿ and the amendments made by 
such Act, of which the Secretary shall allocate— 
‘‘(i) 10 percent shall remain available to 
the Secretary of Homeland Security for the bor-
der security efforts described in title I of the 
Secure America and Orderly Immigration Act. 
‘‘(ii) not more than 1 percent to promote 
public awareness of the H–5 visa program, to 
protect migrants from fraud, and to combat the
138 
unauthorized practice of law described in title 
III of the Secure America and Orderly Immi-
gration Act; 
‘‘(iii) not more than 1 percent to the Office 
of Citizenship to promote civics integration ac-
tivities described in section 901 of the Secure 
America and Orderly Immigration Act; and 
‘‘(iv) 2 percent for the Civics Integration 
Grant Program under section 902 of the Secure 
America and Orderly Immigration Act. 
‘‘(B) 15 percent shall remain available to the 
Secretary of Labor for the enforcement of labor 
standards in those geographic and occupational 
areas in which H–5A visa holders are likely to be 
employed and for other enforcement efforts under 
the Secure America and Orderly Immigration Act; 
‘‘(C) 15 percent shall remain available to the 
Commissioner of Social Security for the creation and 
maintenance of the Employment Eligibility Con-
firmation System described in section 402 of the Se-
cure America and Orderly Immigration Act; 
‘‘(D) 15 percent shall remain available to the 
Secretary of State to carry out any necessary provi-
sions of the Secure America and Orderly Immigra-
tion Act; and
139 
‘‘(E) 2 percent shall remain available to the 
Secretary of Health and Human Services for the re-
imbursement of hospitals serving individuals working 
under programs established in this Act.’’. 
SEC. 1103. ANTI-DISCRIMINATION PROTECTIONS. 
Section 274B(a)(3)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1324b(a)(3)(B)) is amended to 
read as follows: 
‘‘(B) is an alien who is— 
‘‘(i) lawfully admitted for permanent 
residence; 
‘‘(ii) granted the status of an alien 
lawfully admitted for temporary residence 
under section 210(a) or 245(a)(1); 
‘‘(iii) admitted as a refugee under sec-
tion 207; 
‘‘(iv) granted asylum under section 
208; or 
‘‘(v) granted the status of non-
immigrant 
under 
section 
101(a)(15)(H)(v).’’. 
SEC. 1104. WOMEN AND CHILDREN AT RISK OF HARM. 
(a) CERTAIN CHILDREN AND WOMEN AT RISK OF 
HARM.—Section 101(a)(27) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(27)) is amended—
140 
(1) in subparagraph (L), by inserting a semi-
colon at the end; 
(2) in subparagraph (M), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(N) subject to subsection (j), an immi-
grant who is not present in the United States— 
‘‘(i) who is— 
‘‘(I) referred to a consular, immi-
gration, or other designated official by 
a United States Government agency, 
an international organization, or rec-
ognized nongovernmental entity des-
ignated by the Secretary of State for 
purposes of such referrals; and 
‘‘(II) determined by such official 
to be a minor under 18 years of age 
(as 
determined 
under 
subsection 
(j)(5))— 
‘‘(aa) for whom no parent or 
legal guardian is able to provide 
adequate care; 
‘‘(bb) who faces a credible 
fear of harm related to his or her 
age;
141 
‘‘(cc) who lacks adequate 
protection from such harm; and 
‘‘(dd) for whom it has been 
determined to be in his or her 
best interests to be admitted to 
the United States; or 
‘‘(ii) who is— 
‘‘(I) referred to a consular or im-
migration official by a United States 
Government agency, an international 
organization or recognized nongovern-
mental entity designated by the Sec-
retary of State for purposes of such 
referrals; and 
‘‘(II) determined by such official 
to be a female who has— 
‘‘(aa) a credible fear of 
harm related to her sex; and 
‘‘(bb) a lack of adequate 
protection from such harm.’’. 
(b) STATUTORY CONSTRUCTION.—Section 101 of the 
Immigration and Nationality Act (8 U.S.C. 1101) is 
amended by adding at the end the following: 
‘‘(j)(1) No natural parent or prior adoptive parent 
of any alien provided special immigrant status under sub-
142 
section (a)(27)(N)(i) shall thereafter, by virtue of such 
parentage, be accorded any right, privilege, or status 
under this Act. 
‘‘(2)(A) No alien who qualifies for a special immi-
grant visa under subsection (a)(27)(N)(ii) may apply for 
derivative status or petition for any spouse who is rep-
resented by the alien as missing, deceased, or the source 
of harm at the time of the alien’s application and admis-
sion. The Secretary of Homeland Security may waive this 
requirement for an alien who demonstrates that the alien’s 
representations regarding the spouse were bona fide. 
‘‘(B) An alien who qualifies for a special immigrant 
visa under subsection (a)(27)(N) may apply for derivative 
status or petition for any sibling under the age of 18 years 
or children under the age of 18 years of any such alien, 
if accompanying or following to join the alien. For pur-
poses of this subparagraph, a determination of age shall 
be made using the age of the alien on the date the petition 
is filed with the Department of Homeland Security. 
‘‘(3) An alien who qualifies for a special immigrant 
visa under subsection (a)(27)(N) shall be treated in the 
same manner as a refugee solely for purposes of section 
412. 
‘‘(4) The provisions of paragraphs (4), (5), and 
(7)(A) of section 212(a) shall not be applicable to any
143 
alien seeking admission to the United States under sub-
section (a)(27)(N), and the Secretary of Homeland Secu-
rity may waive any other provision of such section (other 
than paragraph (2)(C) or subparagraph (A), (B), (C), or 
(E) of paragraph (3)) with respect to such an alien for 
humanitarian purposes, to assure family unity, or when 
it is otherwise in the public interest. Any such waiver by 
the Secretary of Homeland Security shall be in writing 
and shall be granted only on an individual basis following 
an investigation. The Secretary of Homeland Security 
shall provide for the annual reporting to Congress of the 
number of waivers granted under this paragraph in the 
previous fiscal year and a summary of the reasons for 
granting such waivers. 
‘‘(5) For purposes of subsection (a)(27)(N)(i)(II), a 
determination of age shall be made using the age of the 
alien on the date on which the alien was referred to the 
consular, immigration, or other designated official. 
‘‘(6) The Secretary of Homeland Security shall waive 
any application fee for a special immigrant visa for an 
alien described in section 101(a)(27)(N).’’. 
(c) ALLOCATION OF SPECIAL IMMIGRANT VISAS.— 
Section 203(b)(4) of the Immigration Nationality Act (8 
U.S.C. 1153(b)(4)) is amended by striking ‘‘(A) or (B) 
thereof’’ and inserting ‘‘(A), (B), or (N) of such section’’.
144 
(d) EXPEDITED PROCESS.—Not later than 45 days 
after the date of referral to a consular, immigration, or 
other 
designated 
official 
as 
described 
in 
section 
101(a)(27)(N) of the Immigration and Nationality Act, as 
added by subsection (a), special immigrant status shall be 
adjudicated and, if granted, the alien shall be— 
(1) paroled to the United States pursuant to 
section 212(d)(5) of that Act (8 U.S.C. 1182(d)(5)); 
and 
(2) allowed to apply for adjustment of status to 
permanent residence under section 245 of that Act 
(8 U.S.C. 1255) not later than 1 year after the 
alien’s arrival in the United States. 
(e) REQUIREMENT PRIOR TO ENTRY INTO THE UN-
TIED STATES.— 
(1) DATABASE SEARCH.—An alien may not be 
admitted to the United States under this section or 
an amendment made by this section until the Sec-
retary of Homeland Security has ensured that a 
search of each database maintained by an agency or 
department of the United States has been conducted 
to determine whether such alien is ineligible to be 
admitted to the Untied States on criminal, security, 
or related grounds.
145 
(2) COOPERATION AND SCHEDULE.—The Sec-
retary of Homeland Security and the head of each 
appropriate agency or department of the United 
States shall work cooperatively to ensure that each 
database search required by paragraph (1) is com-
pleted not later than 45 days after the date on 
which an alien files a petition seeking a special im-
migration visa under section 101(a)(27)(N) of the 
Immigration and Nationality Act, as added by sub-
section (a). 
(f) REQUIREMENT AFTER ENTRY INTO THE UNITED 
STATES.— 
(1) 
REQUIREMENT
TO
SUBMIT
FINGER-
PRINTS.— 
(A) IN GENERAL.—Not later than 30 days 
after the date that an alien enters the United 
States under this section or an amendment 
made by this section, the alien shall be 
fingerprinted and submit to the Secretary of 
Homeland Security such fingerprints and any 
other personal biometric data required by the 
Secretary. 
(B) OTHER
REQUIREMENTS.—The Sec-
retary of Homeland Security may prescribe reg-
ulations that permit fingerprints submitted by
146 
an alien under section 262 of the Immigration 
and Nationality Act (8 U.S.C. 1302) or any 
other provision of law to satisfy the requirement 
to submit fingerprints under subparagraph (A). 
(2) DATABASE
SEARCH.—The Secretary of 
Homeland Security shall ensure that a search of 
each database that contains fingerprints that is 
maintained by an agency or department of the 
United States be conducted to determine whether 
such alien is ineligible for an adjustment of status 
under any provision of the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.) on criminal, secu-
rity, or related grounds. 
(3) COOPERATION AND SCHEDULE.—The Sec-
retary of Homeland Security and the head of each 
appropriate agency or department of the United 
States shall work cooperatively to ensure that each 
database search required under paragraph (2) is 
completed not later than 180 days after the date on 
which the alien enters the United States. 
(4) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
(A) ADMINISTRATIVE
REVIEW.—An alien 
who is admitted to the United States under this 
section or an amendment made by this section 
who is determined to be ineligible for an adjust-
147 
ment of status pursuant to section 212 of the 
Immigration and Nationality Act (8 U.S.C. 
1182) may appeal such a determination 
through the Administrative Appeals Office of 
the Bureau of Citizenship and Immigration 
Services of the Department of Homeland Secu-
rity. The Secretary of Homeland Security shall 
ensure that a determination on such appeal is 
made not later than 60 days after the date on 
which the appeal is filed. 
(B) JUDICIAL
REVIEW.—Nothing in this 
section, or in an amendment made by this sec-
tion, may preclude application of section 
242(a)(2)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1252(a)(2)(B)). 
(g) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this Act, the Secretary of 
Homeland Security shall report to the Committee on the 
Judiciary of the Senate and the Committee on the Judici-
ary of the House of Representatives on the progress of 
the implementation of this section and the amendments 
made by this section, including— 
(1) data related to the implementation of this 
section and the amendments made by this section;
148 
(2) data regarding the number of placements of 
females and children who faces a credible fear of 
harm as referred to in section 101(a)(27)(N) of the 
Immigration and Nationality Act, as added by sub-
section (a); and 
(3) any other information that the Secretary of 
Homeland Security determines to be appropriate. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section and the amendments 
made by this section. 
SEC. 1105. EXPANSION OF S VISA. 
(a) EXPANSION OF S VISA CLASSIFICATION.—Sec-
tion 101(a)(15)(S) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(S)) is amended— 
(1) in clause (i)— 
(A) by striking ‘‘Attorney General’’ each 
place that term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(B) by striking ‘‘or’’ at the end; and 
(2) in clause (ii)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’; and
149 
(B) by striking ‘‘1956,’’ and all that fol-
lows through ‘‘the alien;’’ and inserting the fol-
lowing: ‘‘1956; or 
‘‘(iii) who the Secretary of Homeland Se-
curity and the Secretary of State, in consulta-
tion with the Director of Central Intelligence, 
jointly determine— 
‘‘(I) is in possession of critical reliable 
information concerning the activities of 
governments or organizations, or their 
agents, representatives, or officials, with 
respect to weapons of mass destruction 
and related delivery systems, if such gov-
ernments or organizations are at risk of 
developing, selling, or transferring such 
weapons or related delivery systems; and 
‘‘(II) is willing to supply or has sup-
plied, fully and in good faith, information 
described in subclause (I) to appropriate 
persons within the United States Govern-
ment; 
and, if the Secretary of Homeland Security (or with re-
spect to clause (ii), the Secretary of State and the Sec-
retary of Homeland Security jointly) considers it to be ap-
propriate, the spouse, married and unmarried sons and
150 
daughters, and parents of an alien described in clause (i), 
(ii), or (iii) if accompanying, or following to join, the 
alien;’’. 
(b) NUMERICAL LIMITATION.—Section 214(k)(1) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1184(k)(1)) is amended to read as follows: 
‘‘(1) The number of aliens who may be provided 
a 
visa 
as 
nonimmigrants 
under 
section 
101(a)(15)(S) in any fiscal year may not exceed 
3,500.’’. 
SEC. 1106. VOLUNTEERS. 
It is not a violation of clauses (ii), (iii), or (iv) of 
subparagraph (A) for a religious denomination described 
in section 101(a)(27)(C)(i) or an affiliated religious orga-
nization described in section 101(a)(27)(C)(ii)(III), or 
their agents or officers, to encourage, invite, call, allow, 
or enable an alien, who is already present in the United 
States in violation of law to carry on the violation de-
scribed in section 101(a)(27)(C)(ii)(I), as a volunteer who 
is not compensated as an employee, notwithstanding the 
provision of room, board, travel, and other basic living ex-
penses. 
Æ