the Interior, after consultation with the Governor of 
Guam, jointly determine that— 
‘‘(A) an adequate arrival and departure 
control system has been developed on Guam; 
and 
‘‘(B) such a waiver does not represent a 
threat to the welfare, safety, or security of the 
United States or its territories and common-
wealths. 
‘‘(2) LIMITATION.—An alien may not be pro-
vided a waiver under this subsection unless the alien 
has waived any right— 
‘‘(A) to review or appeal under this Act of 
an immigration officer’s determination as to the 
admissibility of the alien at the port of entry 
into Guam; or 
‘‘(B) to contest, other than on the basis of 
an application for asylum, any action for re-
moval of the alien. 
‘‘(i) CONDITIONS ON RECEIPT OF IMMIGRANT VISAS 
FOLLOWING DEPARTURE.—An alien who has been phys-
ically present in the United States shall not be eligible to 
receive an immigrant visa within ninety days following de-
parture therefrom unless—
‘‘(1) the alien was maintaining a lawful non-
immigrant status at the time of such departure; or 
‘‘(2) the alien is the spouse or unmarried child 
of an individual who obtained temporary or perma-
nent resident status under section 210 or 245A of 
the Immigration and Nationality Act or section 202 
of the Immigration Reform and Control Act of 1986 
at any date, who— 
‘‘(A) as of May 5, 1988, was the unmar-
ried child or spouse of the individual who ob-
tained temporary or permanent resident status 
under section 210 or 245A of the Immigration 
and Nationality Act or section 202 of the Immi-
gration Reform and Control Act of 1986; 
‘‘(B) entered the United States before May 
5, 1988, resided in the United States on May 
5, 1988, and is not a lawful permanent resi-
dent; and 
‘‘(C) applied for benefits under section 
301(a) of the Immigration Act of 1990. 
‘‘(j) UNCERTIFIED FOREIGN HEALTH-CARE WORK-
ERS.—Subsection (a)(5)(C) shall not apply to an alien 
who seeks to enter the United States for the purpose of 
performing labor as a nurse who presents to the consular 
officer (or in the case of an adjustment of status, the Sec-
retary of Homeland Security) a certified statement from 
the Commission on Graduates of Foreign Nursing Schools 
(or an equivalent independent credentialing organization 
approved for the certification of nurses under subsection 
(a)(5)(C) by the Secretary of Homeland Security in con-
sultation with the Secretary of Health and Human Serv-
ices) that— 
‘‘(1) the alien has a valid and unrestricted li-
cense as a nurse in a State where the alien intends 
to be employed and such State verifies that the for-
eign licenses of alien nurses are authentic and 
unencumbered; 
‘‘(2) the alien has passed the National Council 
Licensure Examination (NCLEX); 
‘‘(3) the alien is a graduate of a nursing pro-
gram— 
‘‘(A) in which the language of instruction 
was English; 
‘‘(B) located in a country— 
‘‘(i) designated by such commission 
not later than 30 days after the date of the 
enactment of the Nursing Relief for Dis-
advantaged Areas Act of 1999, based on 
such Commission’s assessment that the 
quality of nursing education in that coun-
try, and the English language proficiency 
of those who complete such programs in 
that country, justify the country’s designa-
tion; or 
‘‘(ii) designated on the basis of such 
an assessment by unanimous agreement of 
such 
commission 
and 
any 
equivalent 
credentialing organizations which have 
been approved under subsection (a)(5)(C) 
for the certification of nurses under this 
subsection; and 
‘‘(C)(i) which was in operation on or before 
the date of the enactment of the Nursing Relief 
for Disadvantaged Areas Act of 1999; or 
‘‘(ii) has been approved by unanimous 
agreement of such commission and any equiva-
lent credentialing organizations which have 
been approved under subsection (a)(5)(C) for 
the certification of nurses under this subsection. 
‘‘(k) PUBLIC CHARGE GROUND FOR FAMILY-SPON-
SORED IMMIGRANTS.—In determining whether an alien 
described in subsection (a)(4)(C)(i) is inadmissible under 
subsection (a)(4) or ineligible to receive an immigrant visa 
or otherwise to adjust to the status of permanent resident 
by reason of subsection (a)(4), the consular officer or the
Secretary of Homeland Security shall not consider any 
benefits the alien may have received that were authorized 
under section 501 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1641(c)). 
‘‘(l) SPECIAL RULES FOR CERTAIN CULTURAL EX-
CHANGE PARTICIPANTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), no person admitted under section 
101(a)(15)(Q)(ii)(I), or acquiring such status after 
admission, shall be eligible to apply for non-
immigrant status, an immigrant visa, or permanent 
residence under this Act until it is established that 
such person has resided and been physically present 
in the person’s country of nationality or last resi-
dence for an aggregate of at least 2 years following 
departure from the United States. 
‘‘(2) EXCEPTION.—The Secretary of Homeland 
Security may waive the requirement of such 2-year 
foreign residence abroad if the Secretary determines 
that— 
‘‘(A) departure from the United States 
would impose exceptional hardship upon the 
alien’s spouse or child (if such spouse or child 
is a citizen of the United States or an alien law-
fully admitted for permanent residence); or
‘‘(B) the admission of the alien is in the 
public interest or the national interest of the 
United States.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) The following provisions of the Immigration 
and Nationality Act are amended by striking 
‘‘212(e)’’ and inserting ‘‘222(h)’’: 
(A) Paragraphs (1), (2)(A), and (3) of sec-
tion 214(l) (8 U.S.C. 1184(l)) . 
(B) Paragraphs (2) and (3)(B) of section 
240A(c) (8 U.S.C. 1229b(c)). 
(C) Section 245A(a)(2)(C) (8 U.S.C. 
1255a(a)(2)(C)) . 
(D) Section 248(3) (8 U.S.C. 1258(3)) . 
(2) Section 214 (8 U.S.C. 1202) is amended— 
(A) by redesignating subsection (p) (as 
added by the Departments of Commerce, Jus-
tice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 2001, as enacted 
into law by Public Law 106–553) as subsection 
(r); 
(B) by redesignating the second subsection 
(o) (as added by the Departments of Com-
merce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 2001, as
enacted into law by Public Law 106–553) as 
subsection (q); 
(C) by redesignating the first subsection 
(o) as subsection (p); 
(D) by redesignating subsection (n) as sub-
section (o); and 
(E) by redesignating the second subsection 
(m) as subsection (n). 
(3) Section 101(a) (8 U.S.C. 1101(a)) is 
amended— 
(A) in paragraph (13)(B), by striking 
‘‘212(d)(5)’’ and inserting ‘‘212(c)(3)’’; 
(B) in paragraph (13)(C)(v), by striking 
‘‘212(h)’’ and inserting ‘‘212(f)’’; 
(C) in paragraph (15)(H)— 
(i) by striking ‘‘212(j)(2)’’ and insert-
ing ‘‘214(s)(2)’’; 
(ii) by striking ‘‘212(n)(1)’’ and in-
serting ‘‘214(u)(1)’’; 
(iii) by striking ‘‘212(m)(1)’’ and in-
serting ‘‘214(t)(1)’’; 
(iv) by striking ‘‘212(m)(2)’’ and in-
serting ‘‘214(t)(2)’’; and 
(v) by striking ‘‘212(m)(6)’’ and in-
serting ‘‘214(t)(6)’’;
(D) in paragraph (15)(J), by striking 
‘‘212(j)’’ and inserting ‘‘214(s)’’; 
(E) in paragraph (15)(K), by striking ‘‘(p) 
of section 214’’ and inserting ‘‘(r) of section 
214’’; 
(F) in paragraph (15)(T)(i), by striking 
‘‘214(n)’’ and inserting ‘‘214(o)’’; 
(G) in paragraph (15)(U)(i), by striking 
‘‘214(o)’’ and inserting ‘‘214(p)’’; and 
(H) in paragraph (15)(V), by striking 
‘‘214(o)’’ and inserting ‘‘214(q)’’. 
(4) Section 201(c)(4) (8 U.S.C. 1151(c)(4)) is 
amended by striking ‘‘212(d)(5)’’ and inserting 
‘‘212(c)(3)’’. 
(5) Section 214(a)(1) (8 U.S.C. 1184(a)(1)) is 
amended 
by 
striking 
‘‘212(l)’’ 
and 
inserting 
‘‘212(h)’’. 
(6) Section 214(e)(5) (8 U.S.C. 1184(e)(5)) is 
amended— 
(A) by striking ‘‘212(m)’’ both places it 
appears and inserting ‘‘214(t)’’; and 
(B) by striking ‘‘212(n)’’ and inserting 
‘‘214(u)’’.
(7) 
Section 
214(f)(2)(A) 
(8 
U.S.C. 
1184(f)(2)(A)) is amended by striking ‘‘212(d)(5)’’ 
and inserting ‘‘212(c)(3)’’. 
(8) Section 216(f) (8 U.S.C. 1186a(f)) is 
amended by striking ‘‘subsection (h) or (i) of section 
212’’ and inserting ‘‘section 212(f)’’. 
(9) 
Section 
237(a)(1)(C)(ii) 
(8 
U.S.C. 
1227(a)(1)(C)(ii)) is amended by striking ‘‘212(g)’’ 
and inserting ‘‘212(e)’’. 
(10) 
Section 
240A(b)(4) 
(8 
U.S.C. 
1229b(b)(4)) is amended by striking ‘‘212(d)(5)’’ 
and inserting ‘‘212(c)(3)’’. 
(11) 
Section 
242(a)(2)(B)(i) 
(8 
U.S.C. 
1252(a)(2)(B)(i)) is amended by striking ‘‘212(h), 
212(i),’’ and inserting ‘‘212(f),’’. 
(12) Section 245(c) (8 U.S.C. 1255(c)) is 
amended— 
(A) by striking ‘‘212(d)(4)(C)’’ and insert-
ing ‘‘212(c)(2)(C)’’; and 
(B) by striking ‘‘212(l)’’ and inserting 
‘‘212(h)’’. 
(13) Section 248 (8 U.S.C. 1258) is amended 
by striking ‘‘(or whose inadmissibility under such 
section is waived under section 212(a)(9)(B)(v))’’ in 
the matter preceding paragraph (1).
(14) Section 248(4) (8 U.S.C. 1258(4)) is 
amended 
by 
striking 
‘‘212(l)’’ 
and 
inserting 
‘‘212(h)’’. 
(15) Section 252(a) (8 U.S.C. 1282(a)) is 
amended by striking ‘‘212(d)(3), section 212(d)(5),’’ 
and inserting ‘‘212(c)(3),’’. 
(16) Paragraphs (2) and (3) of section 254(a) 
(8 U.S.C. 1284(a)) are each amended by striking 
‘‘212(d)(5)’’ and inserting ‘‘212(c)(3)’’. 
(17) Section 286(s)(6) (8 U.S.C. 1356(s)(6)) is 
amended— 
(A) by striking ‘‘212(n)(1)’’ each place it 
appears and inserting ‘‘214(u)(1)’’; and 
(B) by striking ‘‘212(n)(2)’’ both places it 
appears and inserting ‘‘214(u)(2)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect of the date of the enactment 
of this Act and shall apply to acts undertaken, and condi-
tions existing, before, on, or after such date. 
SEC. 205. PROTECTION OF U.S. SPECIALTY WORKERS. 
Section 214(u) of the Immigration and Nationality 
Act (8 U.S.C. 1184(u)), as so redesignated by this Act, 
is further amended as follows: 
(1) Paragraph (1)(E) is amended—
(A) by striking ‘‘(E)(i) In the case of an 
application described in clause (ii),’’ and insert-
ing ‘‘(E)’’; and 
(B) by striking clause (ii). 
(2) Paragraph (1)(F) is amended by striking 
‘‘In the case of an application described in subpara-
graph (E)(ii), the’’ and inserting ‘‘The’’. 
(3) Paragraph (1)(G) is amended— 
(A) by striking ‘‘(G)(i) In the case of an 
application described in subparagraph (E)(ii), 
subject to clause (ii),’’ and inserting ‘‘(G)’’; and 
(B) by striking clause (ii); 
(4) Paragraph (1) is amended in the matter fol-
lowing subparagraph (G)— 
(A) by amending the 5th sentence to read 
as follows: ‘‘The Secretary of Labor shall review 
such an application for completeness and accu-
racy.’’; and 
(B) in the 6th sentence, by striking ‘‘obvi-
ously’’. 
(5) Paragraph (2)(C)(i) is amended by striking 
‘‘paragraph (1)(B), (1)(E), or (1)(F), a substantial 
failure to meet a condition of paragraph (1)(C), 
(1)(D), or (1)(G)(i)(I),’’ and inserting ‘‘paragraph 
(1),’’.
(6) Paragraph (2)(E) is amended to read as 
follows: ‘‘If an employer places an H–1B non-
immigrant with a second employer whom the em-
ployer knows or had reason to know has ever dis-
placed a United States worker during a period de-
scribed in paragraph (1)(F), such displacement shall 
be considered to be a failure to meet a condition 
specified in an application submitted under para-
graph (1).’’. 
(7) Paragraphs (3) and (5) are repealed. 
SEC. 206. ANTIFRAUD FEE. 
(a) IMPOSITION OF FEE.— 
(1) IN GENERAL.—Chapter 9 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1351 et 
seq.) is amended by inserting after section 281 the 
following: 
‘‘ANTIFRAUD FEE 
‘‘In General 
‘‘SEC. 281A. (a) In addition to any other fees author-
ized by law, the Secretary of Homeland Security shall im-
pose an antifraud fee on a petitioner filing a petition for 
classification under section 204, or a petition for an alien’s 
status as a nonimmigrant under section 101(a)(15) (ex-
cluding status under subparagraph (A), (B), (G), or (S) 
of such section).
‘‘Amount 
‘‘(b) The amount of the fee shall be $100 for each 
such petition. 
‘‘Disposition 
‘‘(c) Fees collected under this section shall be depos-
ited in the Treasury in accordance with section 286(w).’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act is 
amended by inserting after the item relating to sec-
tion 281 the following: 
‘‘281A. Antifraud fee.’’. 
(b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.— 
Section 286 (8 U.S.C. 1356) is amended by adding at the 
end the following: 
‘‘(w) ANTIFRAUD ACCOUNT.— 
‘‘(1) IN GENERAL.—There is established in the 
general fund of the Treasury a separate account 
which shall be known as the ‘Antifraud Account’. 
Notwithstanding any other provision of law, there 
shall be deposited as offsetting receipts into the ac-
count all fees collected under section 281A. 
‘‘(2) USE OF FEES TO COMBAT FRAUD.— 
‘‘(A) SECRETARY
OF
HOMELAND
SECU-
RITY.— 
‘‘(i) 
PROGRAMS
TO
ELIMINATE 
FRAUD.—20 percent of amounts deposited
into the Antifraud Account shall remain 
available to the Secretary of Homeland Se-
curity until expended for programs and ac-
tivities to eliminate fraud by petitioners 
and beneficiaries with respect to immigrant 
visa petitions under section 204 or status 
under section 101(a)(15) (excluding status 
under subparagraph (A), (B), (G), or (S) 
of such section). 
‘‘(ii) REMOVAL OF ALIENS.—20 per-
cent of amounts deposited into the Anti-
fraud Account shall remain available to the 
Secretary of Homeland Security until ex-
pended for the removal of aliens who are 
deportable under section 237(a)(1)(A) by 
reason of having been found to be within 
the class of aliens inadmissible under sec-
tion 212(a)(6)(C). 
‘‘(B) SECRETARY OF STATE.—40 percent 
of the amounts deposited into the Antifraud Ac-
count shall remain available to the Secretary of 
State until expended for programs and activities 
to eliminate fraud by petitioners and bene-
ficiaries described in subparagraph (A).
‘‘(C) JOINT
PROGRAMS.—20 percent of 
amounts deposited into the Antifraud Account 
shall remain available to the Secretary of 
Homeland Security and the Secretary of State 
until expended for programs and activities con-
ducted by them jointly to eliminate fraud by pe-
titioners and beneficiaries described in subpara-
graph (A).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 6 months after the date of 
the enactment of this Act. 
TITLE 
III—TRACKING 
ALIENS 
PRESENT 
IN 
THE 
UNITED 
STATES 
SEC. 301. ENTRY-EXIT SYSTEM. 
(a) INTEGRATED ENTRY AND EXIT DATA SYSTEM.— 
Section 110(b)(1) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 
note) is amended to read as follows: 
‘‘(1) provides access to, and integrates, arrival 
and departure data of all aliens who arrive and de-
part at ports of entry, in an electronic format and 
in a database of the Department of Homeland Secu-
rity or the Department of State (including those cre-
ated or used at ports of entry and at consular of-
fices);’’. 
(b) CONSTRUCTION.—Section 110(c) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1221 note) is amended to read as follows: 
‘‘(c) CONSTRUCTION.—Nothing in this section shall 
be construed to reduce or curtail any authority of the Sec-
retary of Homeland Security or the Secretary of State 
under any other provision of law.’’. 
(c) DEADLINES.—Section 110(d) of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1221 note) is amended— 
(1) in paragraph (1), by striking ‘‘December 
31’’ and inserting ‘‘October 26’’; 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) LAND
BORDER
PORTS
OF
ENTRY.—Not 
later than October 26, 2005, the Secretary of Home-
land Security shall implement the integrated entry 
and exit data system using the data described in 
paragraph (1) and available alien arrival and depar-
ture data described in subsection (b)(1) pertaining 
to aliens arriving in, or departing from, the United 
States at all land border ports of entry. Such imple-
mentation shall include ensuring that such data,
when collected or created by an immigration officer 
at a port of entry, are entered into the system and 
can be accessed by immigration officers at airports, 
seaports, and other land border ports of entry.’’; and 
(3) by striking paragraph (3). 
(d) AUTHORITY TO PROVIDE ACCESS TO SYSTEM.— 
Section 110(f)(1) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 
note) is amended by adding at the end the following: 
‘‘The Secretary of Homeland Security shall ensure that 
any officer or employee of the Department of Homeland 
Security or the Department of State having need to access 
the data contained in the integrated entry and exit data 
system for any lawful purpose under the Immigration and 
Nationality Act has such access, including access for pur-
poses of representation of the Department of Homeland 
Security in removal proceedings under section 240 of such 
Act and adjudication of applications for benefits under 
such Act.’’. 
(e) WAIVER AVAILABLE.—If the President deter-
mines in writing, with respect to a fiscal or calendar year, 
that a waiver of one or more of the amendments made 
by this section is desirable and would not threaten the na-
tional security of the United States, the President may