341 
(III) the alien has entered into, 
and is in compliance with, an agree-
ment for payment of all outstanding 
liabilities with the Internal Revenue 
Service. 
(b) ADJUSTMENT OF STATUS.— 
(1) 
ADJUSTMENT
OF
STATUS.—Notwith-
standing any other provision of law, and except as 
otherwise provided in this Act, the Secretary of 
Homeland Security may adjust the status of an alien 
granted a PUM visa, subject to the conditional basis 
described in subsection (a), if the alien demonstrates 
that the alien is not inadmissible under paragraph 
(2) (criminal grounds), (3) (security grounds), 4(A) 
and (B) (public charge), 6(E) (smugglers), or 10(C) 
(child abductors) of section 212(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)). 
(2) MANDATORY FEE.—Aliens granted a waiver 
of inadmissibility from 212(a) not listed in (1) shall 
pay a $500 fee that shall be deposited into the Secu-
rity and Prosperity Account as described in section 
502 of the Comprehensive Immigration Reform 
ASAP Act of 2013. 
(3) ALIENS NOT SUBJECT TO DIRECT NUMER-
ICAL
LIMITATIONS.—Section 201(b)(1) (8 U.S.C. 
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342 
1151(b)(1)), as amended by sections 310, 313, and 
317(a) of this Act, is further amended by adding at 
the end the following: 
‘‘(I) Aliens whose status is adjusted under 
section 203(i).’’. 
SEC. 319. RULEMAKING. 
The Secretary shall promulgate regulations regarding 
the timely filing and processing of applications for visas 
awarded under section 203(i) of the Immigration and Na-
tionality Act, as added by section 317(b) of this Act. 
SEC. 320. UNITED STATES-EDUCATED IMMIGRANTS. 
(a) EXEMPTION FROM NUMERICAL LIMITATIONS.— 
(1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. 
1151(b)(1)), as amended by sections 310, 313, 
317(a), and 318(b)(3) of this Act, is further amend-
ed by adding at the end the following: 
‘‘(J) Aliens who have earned a master’s or 
higher degree from an accredited university in 
the United States. 
‘‘(K) Aliens who have been awarded med-
ical specialty certification based on postdoctoral 
training and experience in the United States 
preceding their application for an immigrant 
visa under section 203(b). 
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343 
‘‘(L) Aliens who will perform labor in 
shortage occupations designated by the Sec-
retary of Labor for blanket certification under 
section 212(a)(5)(A) as lacking sufficient 
United States workers able, willing, qualified, 
and available for such occupations and for 
which the employment of aliens will not ad-
versely affect the terms and conditions of simi-
larly employed United States workers. 
‘‘(M) Aliens who have earned a master’s 
degree or higher in science, technology, engi-
neering, or mathematics and have been working 
in a related field in the United States in a non-
immigrant status during the 3-year period pre-
ceding their application for an immigrant visa 
under section 203(b). 
‘‘(N) Aliens described in subparagraph (A) 
or (B) of section 203(b)(1) or who have re-
ceived a national interest waiver under section 
203(b)(2)(B). 
‘‘(O) The spouse and minor children of an 
alien described in subparagraph (J), (K), (L), 
(M), or (N).’’. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) shall apply to any visa application— 
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344 
(A) pending on the date of the enactment 
of this Act; or 
(B) filed on or after such date of enact-
ment. 
(b) 
LABOR
CERTIFICATIONS.—Section 
212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amend-
ed— 
(1) in subclause (I), by striking ‘‘, or’’ and in-
serting a semicolon; 
(2) in subclause (II), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(III) is a member of the profes-
sions and has a master’s degree or 
higher from an accredited university 
in the United States or has been 
awarded medical specialty certification 
based on postdoctoral training and ex-
perience in the United States.’’. 
(c) ATTESTATION BY HEALTH CARE WORKERS.— 
(1) REQUIREMENT FOR ATTESTATION.—Section 
212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by add-
ing at the end the following: 
‘‘(E) HEALTH
CARE
WORKERS
WITH 
OTHER OBLIGATIONS.— 
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345 
‘‘(i) IN
GENERAL.—An alien who 
seeks to enter the United States for the 
purpose of performing labor as a physician 
or other health care worker is inadmissible 
unless the alien submits to the Secretary of 
Homeland Security or the Secretary of 
State, as appropriate, an attestation that 
the alien is not seeking to enter the United 
States for such purpose during any period 
in which the alien has an outstanding obli-
gation to the government of the alien’s 
country of origin or the alien’s country of 
residence. 
‘‘(ii) OBLIGATION DEFINED.—In this 
subparagraph, the term ‘obligation’ means 
an obligation incurred as part of a valid, 
voluntary individual agreement in which 
the alien received financial assistance to 
defray the costs of education or training to 
qualify as a physician or other health care 
worker in consideration for a commitment 
to work as a physician or other health care 
worker in the alien’s country of origin or 
the alien’s country of residence. 
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346 
‘‘(iii) WAIVER.—The Secretary of 
Homeland Security may waive a finding of 
inadmissibility under clause (i) if the Sec-
retary determines that— 
‘‘(I) the obligation was incurred 
by coercion or other improper means; 
‘‘(II) the alien and the govern-
ment of the country to which the alien 
has an outstanding obligation have 
reached a valid, voluntary agreement, 
pursuant to which the alien’s obliga-
tion has been deemed satisfied, or the 
alien has shown to the satisfaction of 
the Secretary that the alien has been 
unable to reach such an agreement 
because of coercion or other improper 
means; or 
‘‘(III) the obligation should not 
be enforced due to other extraordinary 
circumstances, including undue hard-
ship that would be suffered by the 
alien in the absence of a waiver.’’. 
(2) EFFECTIVE DATE AND APPLICATION.— 
(A) EFFECTIVE
DATE.—The amendment 
made by paragraph (1) shall become effective 
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347 
180 days after the date of the enactment of this 
Act. 
(B) APPLICATION BY THE SECRETARY.— 
The Secretary shall begin to carry out section 
212(a)(5)(E) of the Immigration and Nation-
ality Act, as added by paragraph (1), not later 
than the effective date described in subpara-
graph (A), including the requirement for the at-
testation and the granting of a waiver described 
in such section, regardless of whether regula-
tions to implement such section have been pro-
mulgated. 
SEC. 321. RETAINING WORKERS SUBJECT TO GREEN CARD 
BACKLOG. 
(a) ADJUSTMENT
OF
STATUS.—Section 245 (8 
U.S.C. 1255), as amended by this title, is further amended 
by adding at the end the following: 
‘‘(n) ADJUSTMENT OF STATUS FOR EMPLOYMENT- 
BASED IMMIGRANTS.— 
‘‘(1) ELIGIBILITY.—The Secretary of Homeland 
Security shall promulgate regulations to provide for 
the filing of an application for adjustment of status 
by an alien (and any eligible dependents of such 
alien), regardless of whether an immigrant visa is 
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348 
immediately available at the time the application is 
filed, if the alien— 
‘‘(A) has an approved petition under sub-
paragraph (E) or (F) of section 204(a)(1); or 
‘‘(B) at the discretion of the Secretary, has 
a pending petition under subparagraph (E) or 
(F) of section 204(a)(1). 
‘‘(2) VISA AVAILABILITY.—An application filed 
pursuant to paragraph (1) may not be approved 
until an immigrant visa becomes available. 
‘‘(3) FEES.—If an application is filed pursuant 
to paragraph (1), the beneficiary of such application 
shall pay a supplemental fee of $500. Such fee may 
not be charged to any dependent accompanying or 
following to join such beneficiary. 
‘‘(4) EXTENSION OF EMPLOYMENT AUTHORIZA-
TION AND ADVANCED PAROLE DOCUMENT.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall provide employment 
authorization and advanced parole documents, 
in 3-year increments, to beneficiaries of an ap-
plication for adjustment of status based on a 
petition that is filed or, at the discretion of the 
Secretary, pending, under subparagraph (E) or 
(F) of section 204(a)(1). 
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349 
‘‘(B) 
FEE
ADJUSTMENTS.—Application 
fees under this subsection may be adjusted in 
accordance with the 3-year period of validity as-
signed to the employment authorization or ad-
vanced parole documents under subparagraph 
(A).’’. 
(b) USE OF FEES.—Section 286 (8 U.S.C. 1356) is 
amended— 
(1) in subsection (m)— 
(A) by striking ‘‘(m) Notwithstanding any 
other provisions of law,’’ and inserting the fol-
lowing: 
‘‘(m) 
IMMIGRATION
EXAMINATIONS
FEE
AC-
COUNT.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, all fees collected under section 
245(o)(3) and’’; 
(B) by striking ‘‘: Provided, however, That 
all’’ and inserting the following: 
‘‘(2) VIRGIN ISLANDS; GUAM.—All’’; and 
(C) by striking ‘‘: Provided further, That 
fees’’ and inserting the following: 
‘‘(3) COST RECOVERY.—Fees’’; 
(2) in subsection (n)— 
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350 
(A) by striking ‘‘(n) All deposits’’ and in-
serting the following: 
‘‘(4) USE OF FUNDS.— 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), all deposits’’; and 
(B) adding at the end the following: 
‘‘(B) SUPPLEMENTAL
FEE
FOR
ADJUST-
MENT OF STATUS OF EMPLOYMENT-BASED IM-
MIGRANTS.—Any amounts deposited into the 
Immigration Examinations Fee Account that 
were collected under section 245(o)(3) shall re-
main available until expended by the Secretary 
of Homeland Security for backlog reduction and 
clearing security background check delays.’’; 
(3) in subsection (o), by striking ‘‘(o) The At-
torney General’’ and inserting the following: 
‘‘(5) ANNUAL
FINANCIAL
REPORT
TO
CON-
GRESS.—The Attorney General’’; and 
(4) in subsection (p), by striking ‘‘(p) The pro-
visions set forth in subsections (m), (n), and (o) of 
this section’’ and inserting the following: 
‘‘(6) APPLICABILITY.—The provisions set forth 
in this subsection shall’’. 
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351 
SEC. 322. RETURN OF TALENT PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Return of Talent Act’’. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—Title III (8 U.S.C. 1401 et 
seq.) is amended by inserting after section 317 the 
following: 
‘‘SEC. 317A. TEMPORARY ABSENCE OF PERSONS PARTICI-
PATING IN THE RETURN OF TALENT PRO-
GRAM. 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity, in consultation with the Secretary of State, shall 
establish the Return of Talent Program to permit eligible 
aliens to temporarily return to the alien’s country of citi-
zenship in order to make a material contribution to that 
country if the country is engaged in postconflict or natural 
disaster reconstruction activities, for a period not longer 
than 2 years, unless an exception is granted under sub-
section (d). 
‘‘(b) ELIGIBLE ALIEN.—An alien is eligible to partici-
pate in the Return of Talent Program established under 
subsection (a) if the alien meets the special immigrant de-
scription under section 101(a)(27)(N). 
‘‘(c) FAMILY MEMBERS.—The spouse, parents, sib-
lings, and any minor children of an alien who participates 
in the Return of Talent Program established under sub-
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352 
section (a) may return to such alien’s country of citizen-
ship with the alien and reenter the United States with the 
alien. 
‘‘(d) EXTENSION OF TIME.—The Secretary of Home-
land Security may extend the 2-year period referred to in 
subsection (a) upon a showing that circumstances warrant 
that an extension is necessary for postconflict or natural 
disaster reconstruction efforts. 
‘‘(e) RESIDENCY REQUIREMENTS.—An immigrant 
described in section 101(a)(27)(N) who participates in the 
Return of Talent Program established under subsection 
(a), and the spouse, parents, siblings, and any minor chil-
dren who accompany such immigrant to that immigrant’s 
country of citizenship, shall be considered, during such pe-
riod of participation in the program— 
‘‘(1) for purposes of section 316(a), physically 
present and residing in the United States for pur-
poses of naturalization within the meaning of that 
section; and 
‘‘(2) for purposes of section 316(b), to meet the 
continuous residency requirements in that section. 
‘‘(f) OVERSIGHT
AND ENFORCEMENT.—The Sec-
retary of Homeland Security, in consultation with the Sec-
retary of State, shall oversee and enforce the requirements 
of this section.’’. 
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353 
(2) TABLE OF CONTENTS.—The table of con-
tents (8 U.S.C. 1101 et seq.) is amended by insert-
ing after the item relating to section 317 the fol-
lowing: 
‘‘317A. Temporary absence of persons participating in the Return of Talent 
Program.’’. 
(c) ELIGIBLE IMMIGRANTS.—Section 101(a)(27) (8 
U.S.C. 1101(a)(27)) is amended by adding at the end the 
following: 
‘‘(N) an immigrant who— 
‘‘(i) has been lawfully admitted to the 
United States for permanent residence; 
‘‘(ii) demonstrates an ability and will-
ingness to make a material contribution to 
the postconflict or natural disaster recon-
struction in the alien’s country of citizen-
ship; and 
‘‘(iii) as determined by the Secretary 
of State in consultation with the Secretary 
of Homeland Security— 
‘‘(I) is a citizen of a country in 
which Armed Forces of the United 
States are engaged, or have engaged 
in the 10 years preceding such deter-
mination, in combat or peacekeeping 
operations; 
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354 
‘‘(II) is a citizen of a country 
where authorization for United Na-
tions peacekeeping operations was ini-
tiated by the United Nations Security 
Council during the 10 years preceding 
such determination; or 
‘‘(III) is a citizen of a country 
which received, during the preceding 2 
years, funding from the Office of For-
eign Disaster Assistance of the United 
States Agency for International Devel-
opment in response to a declared dis-
aster in such country by the United 
States Ambassador, the Chief of the 
U.S. Mission, or the appropriate As-
sistant Secretary of State, that is be-
yond the ability of such country’s re-
sponse capacity and warrants a re-
sponse by the United States Govern-
ment.’’. 
(d) REPORT TO CONGRESS.—Not later than 2 years 
after the date of the enactment of this Act, the Secretary, 
in consultation with the Secretary of State, shall submit 
a report to Congress that describes— 
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355 
(1) the countries of citizenship of the partici-
pants in the Return of Talent Program established 
under section 317A of the Immigration and Nation-
ality Act, as added by subsection (b); 
(2) the postconflict or natural disaster recon-
struction efforts that benefitted, or were made pos-
sible, through participation in the program; and 
(3) any other information that the Secretary 
determines to be appropriate. 
(e) REGULATIONS.—Not later than 6 months after 
the date of the enactment of this Act, the Secretary shall 
promulgate regulations to carry out this section and the 
amendments made by this section. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to United States Citi-
zenship and Immigration Services such sums as may be 
necessary to carry out this section and the amendments 
made by this section. 
TITLE 
IV—EARNED 
LEGALIZA-
TION OF UNDOCUMENTED IN-
DIVIDUALS 
Subtitle A—Conditional 
Nonimmigrants 
SEC. 401. CONDITIONAL NONIMMIGRANTS. 
(a) IN GENERAL.— 
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356 
(1) REQUIRED REGISTRATION.—An alien as de-
scribed in this section shall register with the Depart-
ment of Homeland Security by submitting biometric 
identification pursuant to subsection (b) and filing 
an application with the Secretary that demonstrates 
the alien’s compliance with the requirements listed 
in subsections (b) through (e). 
(2) 
CLASSIFICATION.—Notwithstanding 
any 
other provision of law, including section 244(h) of 
the Immigration and Nationality Act (8 U.S.C. 
1254a(h)), the Secretary shall classify an alien as a 
conditional 
nonimmigrant 
or 
conditional 
non-
immigrant dependent if the alien registers pursuant 
to paragraph (1) and is determined to meet the re-
quirements listed in this section. 
(b) COMPLIANCE WITH SECURITY AND LAW EN-
FORCEMENT BACKGROUND CHECKS.—Registration and 
classification as a conditional nonimmigrant or conditional 
nonimmigrant dependent under this section is contingent 
upon the submission of all required biometric data in ac-
cordance with procedures established by the Secretary. 
(c) PHYSICAL PRESENCE.— 
(1) PRESENCE IN THE UNITED STATES.—The 
alien shall establish that the alien— 
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357 
(A) was present in the United States on 
the date of the introduction of this Act in the 
United States House of Representatives; 
(B) has been continuously present in the 
United States since the date described in sub-
paragraph (A); and 
(C) was not legally present in the United 
States on the date of the introduction of this 
Act in the United States House of Representa-
tives under any classification described in sec-
tion 101(a)(15) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)) or has been in 
violation of status on or before such date. 
(2) CONTINUOUS PRESENCE.—For purposes of 
this subsection, an absence from the United States 
without authorization for a continuous period of 
more than 180 days between the date of the enact-
ment of this Act and the beginning of the applica-
tion period for classification as a conditional non-
immigrant or conditional nonimmigrant dependent 
shall constitute a break in continuous physical pres-
ence. Individuals absent under advance parole shall 
not be considered as failing to meet the continuous 
physical presence requirement. 
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358 
(d) OTHERWISE
ADMISSIBLE
TO
THE
UNITED 
STATES.— 
(1) IN GENERAL.—An alien shall be eligible for 
classification as a conditional nonimmigrant or con-
ditional nonimmigrant dependent if the Secretary 
determines that the alien— 
(A) is not inadmissible to the United 
States under section 212(a) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)), except 
as provided in paragraph (2); 
(B) has not ordered, incited, assisted, or 
otherwise participated in the persecution of any 
person on account of race, religion, nationality, 
membership in a particular social group, or po-
litical opinion; and 
(C) is not an alien— 
(i) who has been convicted by final 
judgment of a particularly serious crime 
and constitutes a danger to the community 
of the United States; 
(ii) for whom there are reasonable 
grounds for believing that the alien has 
committed a particularly serious crime out-
side the United States before arriving in 
the United States; or 
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359 
(iii) for whom there are reasonable 
grounds for regarding the alien as a dan-
ger to the security of the United States; 
and 
(iv) who has been convicted of a fel-
ony or 3 or more misdemeanors for which 
the alien has served not less than 12 
months of imprisonment in the aggregate. 
(2) GROUNDS OF INADMISSIBILITY.—In deter-
mining an alien’s admissibility under paragraph 
(1)(A)— 
(A) paragraphs (5), (6), (7), (9), and 
(10)(B) of section 212(a) of such Act shall not 
apply; 
(B) the Secretary may not waive— 
(i) 
subparagraph 
(A), 
(B), 
(C), 
(D)(ii), (E), (G), (H), or (I) of section 
212(a)(2) of such Act (relating to crimi-
nals); 
(ii) section 212(a)(3) of such Act (re-
lating to security and related grounds); or 
(iii) subparagraph (A), (C), or (D) of 
section 212(a)(10) of such Act (relating to 
polygamists and child abductors); 
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360 
(C) the Secretary may waive the applica-
tion of any provision of section 212(a) of such 
Act not listed in subparagraph (B) on behalf of 
an individual alien for humanitarian purposes, 
to ensure family unity, or if such waiver is oth-
erwise in the public interest; and 
(D) nothing in this paragraph shall be con-
strued as affecting the authority of the Sec-
retary other than under this paragraph to waive 
the provisions of section 212(a) of such Act. 
(3) APPLICABILITY OF OTHER PROVISIONS.— 
Sections 240B(d) and 241(a)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1229c(d) and 
1231(a)(5)) shall not apply to an alien who is apply-
ing for classification under this section for conduct 
that occurred before the date of enactment of this 
Act. 
(e) CONTRIBUTIONS
TO
THE
UNITED
STATES 
THROUGH EMPLOYMENT, EDUCATION, MILITARY SERV-
ICE OR OTHER COMMITMENT TO THE COMMUNITY.— 
(1) IN GENERAL.—The Secretary shall not ac-
cept the registration of an alien, or classify an alien 
as a conditional nonimmigrant or conditional non-
immigrant dependent unless the alien attests, under 
penalty of perjury, that he or she is contributing to 
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361 
the United States through one or more of the fol-
lowing enterprises— 
(A) the alien is employed full-time, part- 
time, or seasonally in the United States, is self- 
employed, or is actively seeking employment; 
(B) is enrolled full- or part-time in an ac-
credited secondary or post-secondary school, 
university, or other institution of higher edu-
cation, or an accredited vocational, technical, or 
other training program; 
(C) is a member of the active or reserve 
Armed Services, the National Guard, or other 
government sponsored civil service program; or 
(D) otherwise establishes, to the satisfac-
tion of the Secretary, that the alien is an active 
volunteer or community member. 
(2) EXEMPTIONS.—The requirements in para-
graph (1) shall not apply to any individual who, at 
the time of registration— 
(A) is 65 years of age or older, has a phys-
ical or mental disability, is pregnant, is the pri-
mary caregiver to a child under the age of 16 
or to an elderly or disabled person, or is on offi-
cial extended medical leave; 
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362 
(B) is the spouse of a United States citizen 
or lawful permanent resident; 
(C) is a child 21 years of age or younger 
of a United States citizen or lawful permanent 
resident; or 
(D) has been physically present in the 
United States for a continuous period of not 
less than 5 years immediately preceding the 
date of enactment of this Act, and had not yet 
reached the age of 16 years at the time of ini-
tial entry and had not yet reached the age of 
35 years on the date of the enactment of this 
Act. 
(3) DEFINITIONS.—In this subtitle: 
(A) 
INSTITUTION
OF
HIGHER
EDU-
CATION.—The term ‘‘institution of higher edu-
cation’’ has the meaning given that term in sec-
tion 101 of the Higher Education Act of 1965 
(20 U.S.C. 1001). 
(B) UNIFORMED
SERVICES.—The term 
‘‘uniformed services’’ has the meaning given 
that term in section 101(a) of title 10, United 
States Code. 
(f) SPECIAL RULE FOR SPOUSES AND CHILDREN.— 
Notwithstanding any other provision of law, the Secretary 
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363 
shall classify the spouse or child of a conditional non-
immigrant as a conditional nonimmigrant dependent, or 
provide the spouse or child with a conditional non-
immigrant dependent visa if— 
(1) the spouse or child is not otherwise inadmis-
sible to the United States as described in subsection 
(d); 
(2) in the case of a child, was 21 years of age 
or younger on the date of enactment of this Act; or 
(3) in the case of a spouse, was married to the 
conditional nonimmigrant on or before the date of 
enactment and is married at the time of the applica-
tion; 
(4) except that the spouse or child of an alien 
who was subsequently classified as a conditional 
nonimmigrant under this Act may apply for classi-
fication as a conditional nonimmigrant if the spousal 
or parental relationship has terminated and— 
(A) the termination of the relationship 
with such spouse or parent was connected to 
domestic violence; and 
(B) the spouse or child has been battered 
or subjected to extreme cruelty by the spouse or 
parent who is a conditional nonimmigrant. 
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364 
(g) APPLICATION PROCEDURES, FEE
AND PEN-
ALTY.— 
(1) APPLICATION PROCEDURES.—For purposes 
of establishing enrollment in this program, an appli-
cation shall be considered complete if it includes ap-
propriate biometric data, applicable fees, penalties 
through fines, and answers fully and completely all 
questions attesting to eligibility as described in sub-
sections (a) through (f). The Secretary may require 
evidence upon initial submission of the application 
sufficient to establish prima facie eligibility for con-
ditional nonimmigrant or conditional nonimmigrant 
dependent status. The Secretary may, at his or her 
discretion, require additional evidence or an inter-
view to make a final determination that an alien has 
established eligibility for classification. 
(2) APPLICATION FEE AND PENALTY.— 
(A) APPLICATION
FEE.—The Secretary 
shall impose a fee for filing an application 
under this section. Such fee shall be sufficient 
to cover the administrative and other expenses 
incurred in connection with the review of such 
applications. 
(B) PENALTY.— 
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365 
(i) IN GENERAL.—Except as provided 
under clause (ii), an alien filing an applica-
tion under this section shall submit to the 
Secretary, in addition to the fee required 
under subparagraph (A), a fine of $500. 
(ii) EXCEPTION.—An alien who is 
classified as a conditional nonimmigrant 
who qualifies for classification based on the 
exemption in subsection (e)(2)(D) or a 
conditional nonimmigrant dependent be-
cause he or she was younger than 21 years 
of age on the date of enactment of this Act 
shall not be required to pay a fine under 
this paragraph. 
(C) DISPOSITION OF FEES AND FINES.— 
(i) FEES.—Fees collected under this 
paragraph shall be deposited into the Im-
migration Examination Fee Account and 
remain available as provided under sub-
sections (m) and (n) of section 286 of the 
Immigration and Nationality Act (8 U.S.C. 
1356). 
(ii) FINES.—Fines collected under 
this paragraph shall be deposited into the 
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366 
Security and Prosperity Account estab-
lished under section 286(w) of such Act. 
(h) TREATMENT OF APPLICANTS.— 
(1) IN GENERAL.—An alien who files an appli-
cation under this section to become a conditional 
nonimmigrant or a conditional nonimmigrant de-
pendent shall be considered enrolled in the program 
pursuant to subsection (a)(2) until such time as a 
final determination is made on the application for 
classification. Following submission of biometric 
data pursuant to subsection (b) and successful clear-
ance of the Secretary’s security and criminal back-
ground checks, a registered alien— 
(A) shall be granted employment author-
ization pending final adjudication of the alien’s 
application; 
(B) shall be granted permission to travel 
abroad; 
(C) may not be detained for immigration 
purposes, determined inadmissible or deport-
able, or removed pending final adjudication of 
the alien’s application, unless the alien, due to 
subsequent conduct or criminal conviction, be-
comes ineligible for conditional nonimmigrant 
classification; and 
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367 
(D) may not be considered an unauthor-
ized alien (as defined in section 274A(h)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3))) until employment authorization 
under subparagraph (A) is denied. 
(2) DOCUMENT OF AUTHORIZATION.—The Sec-
retary shall provide each alien described in para-
graph (1) with a counterfeit-resistant document of 
authorization that— 
(A) meets all current requirements estab-
lished by the Secretary for travel documents, in-
cluding the requirements under section 403 of 
the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a 
note); and 
(B) reflects the benefits and status set 
forth in paragraph (1). 
(3) BEFORE APPLICATION PERIOD.—If an alien 
is apprehended between the date of the enactment of 
this Act and the date on which the alien files an ap-
plication under this section, and the alien can estab-
lish prima facie eligibility as a conditional non-
immigrant or a conditional nonimmigrant dependent, 
the alien shall not be detained and the Secretary 
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368 
shall provide the alien with a reasonable opportunity 
to file an application under this section. 
(4) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act, if an immigration judge determines 
that an alien who is in removal proceedings has 
made a prima facie case of eligibility for classifica-
tion as a conditional nonimmigrant or a conditional 
nonimmigrant dependent, the judge shall adminis-
tratively close such proceedings and permit the alien 
a reasonable opportunity to apply for such classifica-
tion. 
(5) RELATIONSHIPS OF APPLICATION TO CER-
TAIN ORDERS.— 
(A) IN GENERAL.—An alien who is present 
in the United States and has been ordered ex-
cluded, deported, removed, or ordered to depart 
voluntarily from the United States under any 
provision of the Immigration and Nationality 
Act— 
(i) notwithstanding such order, may 
apply for classification as a conditional 
nonimmigrant or conditional nonimmigrant 
dependent under this subtitle; 
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369 
(ii) shall not be required to file a sep-
arate motion to reopen, reconsider, or va-
cate the exclusion, deportation, removal, or 
voluntary departure order; and 
(iii) the filing of an application for 
conditional nonimmigrant or conditional 
nonimmigrant dependent status shall stay 
the removal of the alien pending final adju-
dication of the application, unless the re-
moval or detainment of the alien is based 
on criminal or national security-related 
grounds that would render the alien ineli-
gible under this section. 
(B) APPLICATION GRANTED.—If the Sec-
retary grants the application described in sub-
paragraph (A)(i), the Secretary shall cancel the 
order described in subparagraph (A). 
(C) APPLICATION
DENIED.—If the Sec-
retary renders a final administrative decision to 
deny the application described in subparagraph 
(A)(i), the order described in subparagraph (A) 
shall be effective and enforceable to the same 
extent as if the application had not been made. 
(i) CLASSIFICATION.— 
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370 
(1) BENEFITS AND DOCUMENTATION.—If the 
Secretary determines that an alien is eligible for 
classification as a conditional nonimmigrant or con-
ditional nonimmigrant dependent, the alien shall be 
entitled to all benefits described in subsection (h)(1). 
The Secretary may authorize the use of a document 
described in subsection (h)(2) as evidence of such 
classification or may issue additional documentation 
as evidence of classification as a conditional non-
immigrant or conditional nonimmigrant dependent. 
(2) PERIOD OF AUTHORIZED STAY.— 
(A) IN
GENERAL.—Except as provided 
under subparagraph (C), the period of author-
ized stay for a conditional nonimmigrant or a 
conditional nonimmigrant dependent shall be 6 
years from the date on which such status is 
conferred. 
(B) EXTENSION.—The Secretary may ex-
tend the period described in subparagraph (A) 
in additional 5-year increments provided that 
the alien continues to meet the requirements of 
this section. 
(j) TERMINATION OF BENEFITS.— 
(1) IN GENERAL.—Any benefit provided to an 
alien seeking classification as a conditional non-
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371 
immigrant or conditional nonimmigrant dependent, 
or who is classified as such, under this section shall 
terminate if— 
(A) the Secretary determines that the alien 
is ineligible for such classification and all review 
procedures under section 603 have been ex-
hausted or waived by the alien; 
(B) the alien has used documentation 
issued under this section for unlawful or fraud-
ulent purposes; or 
(C) in the case of the spouse or child of an 
alien applying for classification as a conditional 
nonimmigrant or classified as a conditional non-
immigrant under this section, the benefits for 
the principal alien are terminated unless bene-
fits are terminated due to the death of the prin-
cipal applicant; provided that the spouse or 
child shall be given a reasonable opportunity to 
apply independently for classification under this 
section. 
(k) DISSEMINATION OF INFORMATION ON CONDI-
TIONAL
NONIMMIGRANT
PROGRAM.—During the 12- 
month period immediately following the issuance of regu-
lations implementing this section, the Secretary, in co-
operation with entities approved by the Secretary, shall 
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372 
broadly disseminate information respecting conditional 
nonimmigrant or conditional nonimmigrant dependent 
classification under this section and the requirements to 
be satisfied to obtain such classification. The Secretary 
shall disseminate information to employers and labor 
unions to advise them of the rights and protections avail-
able to them and to workers who file applications under 
this section. Such information shall be broadly dissemi-
nated, in the principal languages, as determined by the 
Secretary, spoken by aliens who would qualify for classi-
fication under this section, including to television, radio, 
and print media to which such aliens would have access. 
(l) CONSTRUCTION CLAUSE.—Nothing in this sub-
section shall be construed to prevent an alien described 
in this section from filing an application for an immigra-
tion benefit in accordance with any other provision of law. 
SEC. 402. ADJUSTMENT OF STATUS FOR CONDITIONAL 
NONIMMIGRANTS. 
(a) REQUIREMENTS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, including section 244(h) of the Im-
migration and Nationality Act (8 U.S.C. 1254a(h)), 
the Secretary may adjust the status of a conditional 
nonimmigrant or a conditional nonimmigrant de-
pendent to that of an alien lawfully admitted for 
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373 
permanent residence if the conditional nonimmigrant 
or conditional nonimmigrant dependent satisfies the 
applicable requirements under this subsection. 
(2) FULFILLMENT OF CONDITIONAL REQUIRE-
MENTS.—A conditional nonimmigrant applying for 
adjustment of status under this section shall estab-
lish that during the 5-year period immediately pre-
ceding the application for adjustment of status, he 
or she has fulfilled the requirements of the alien’s 
conditional status by demonstrating that the alien— 
(A) has not been convicted of any offenses 
that would render the alien inadmissible as de-
scribed in subsection (b); 
(B) has satisfied all past or current Fed-
eral income tax liabilities and is in good stand-
ing with the Internal Revenue Service as de-
scribed in subsection (c); 
(C) can establish that he or she has con-
tributed to the community through employment, 
education, military service or other enterprise 
as described in subsection (d); 
(D) has demonstrated sufficient mastery of 
basic English skills as described in subsection 
(e); and 
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374 
(E) where applicable, can establish proof of 
registration under the Military Selective Service 
Act (50 U.S.C. App. 451 et seq.). 
(b) ADMISSIBLE UNDER IMMIGRATION LAWS.—A 
conditional nonimmigrant or conditional nonimmigrant 
dependent applying for adjustment of status under this 
section shall establish that he or she is not inadmissible 
under section 212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)), except for any provision under 
that section that is not applicable or waived under para-
graph (2) or (3) of section 401(d). For purposes of an 
application filed under this section, any prior waiver of 
inadmissibility granted to an alien under section 401(d)(2) 
shall remain in effect with respect to the specific conduct 
considered by the Secretary at the time of classification 
under section 401. 
(c) PAYMENT OF INCOME TAXES.— 
(1) IN GENERAL.—Not later than the date on 
which status is adjusted under this section, a condi-
tional nonimmigrant or conditional nonimmigrant 
dependent shall satisfy any applicable Federal tax li-
ability by establishing that— 
(A) no such tax liability exists; 
(B) all outstanding liabilities have been 
paid; or 
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375 
(C) the conditional nonimmigrant has en-
tered into, and is in compliance with, an agree-
ment for payment of all outstanding liabilities 
with the Internal Revenue Service. 
(2) APPLICABLE
FEDERAL
TAX
LIABILITY.— 
For purposes of paragraph (1), the term ‘‘applicable 
Federal tax liability’’ means liability for Federal 
taxes, including penalties and interest, owed for any 
year while classified as a conditional nonimmigrant 
or conditional nonimmigrant dependent for which 
the statutory period for assessment of any deficiency 
for such taxes has not expired. 
(3) IRS COOPERATION.—The Secretary of the 
Treasury shall establish rules and procedures under 
which the Commissioner of Internal Revenue shall 
provide documentation to— 
(A) a conditional nonimmigrant or condi-
tional nonimmigrant dependent, upon request, 
to establish the payment of all taxes required 
under this subsection; or 
(B) the Secretary, upon request, regarding 
the payment of Federal taxes by an alien apply-
ing for a benefit under this section. 
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376 
(4) COMPLIANCE.—The alien may satisfy proof 
of compliance with this subsection by submitting 
documentation that establishes that— 
(A) no such tax liability exists; 
(B) all outstanding liabilities have been 
met; or 
(C) the alien has entered into, and is in 
compliance with, an agreement for payment of 
all outstanding liabilities with the Internal Rev-
enue Service. 
(d) CONTRIBUTIONS
TO
THE
UNITED
STATES 
THROUGH EMPLOYMENT, EDUCATION, MILITARY SERV-
ICE OR OTHER COMMITMENT TO THE COMMUNITY.— 
(1) An alien shall demonstrate contributions to 
the United States by submitting evidence that he or 
she— 
(A) is or has been engaged in full-time, 
part-time, self, or seasonal employment in the 
United States; or 
(B) has completed or is enrolled in an ac-
credited education program as described under 
subsection (e)(1)(B) of section 401; or 
(C) is serving in the military or has com-
pleted military service as described in sub-
section (e)(1)(C) of section 401; or 
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