207
ship and Immigration Services of the Department of 
Homeland Security shall submit a report to the Con-
gress containing the results of the study conducted 
under this subsection. The report shall also contain 
a proposed revised examination to be administered 
to applicants for naturalization that reflects the rec-
ommendations developed through the study. In de-
veloping the proposed examination, the Chief of the 
Office of Citizenship shall consult with interested 
groups specializing in immigration issues, civics or-
ganizations, patriotic associations, and veterans’ 
groups. 
(b) REQUIRING APPLICANTS FOR NATURALIZATION 
TO UNDERSTAND OATH.—
(1) REQUIREMENTS
FOR
NATURALIZATION.—
Section 312(a) (8 U.S.C. 1423(a)) is amended—
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) an understanding of the oath of allegiance 
required under section 337(a).’’. 
(2) EXAMINATION.—Section 332(a) (8 U.S.C. 
1443(a)) is amended by inserting before ‘‘ability’’
208
the following: ‘‘understanding of the oath of alle-
giance required under section 337(a),’’. 
(c) CONTENTS OF CERTIFICATE OF NATURALIZA-
TION.—Section 338 (8 U.S.C. 1449) is amended by insert-
ing before ‘‘and the seal’’ the following: ‘‘the oath of alle-
giance required under section 337(a); a statement that the 
applicant recognizes the privileges and responsibilities of 
citizenship;’’. 
SEC. 802. OATH OF RENUNCIATION AND ALLEGIANCE. 
Section 337(a) of the Immigration and Nationality 
Act (8 U.S.C. 1448(a)) is amended by inserting after ‘‘the 
child is unable to understand its meaning.’’ the following: 
‘‘The oath referred to in this section shall read the same 
as the oath provided for in paragraph (a) or (b) of part 
337.1 of title 8, Code of Federal Regulations, as in effect 
on September 1, 2003.’’. 
Subtitle B—Treatment of Nationals 
of State Sponsors of Terrorism 
SEC. 811. TREATMENT OF NATIONALS OF STATE SPONSORS 
OF TERRORISM. 
(a) IN GENERAL.—
(1) AMENDMENT.—Chapter 9 of title II, as 
amended by section 265 of this Act, is further 
amended by inserting after section 295 the following 
new section:
209
‘‘TREATMENT OF NATIONALS OF STATE SPONSORS OF 
TERRORISM 
‘‘SEC. 296. (a) IN GENERAL.—No nonimmigrant or 
immigrant visa may be issued, or nonimmigrant or immi-
grant status otherwise provided, other than a visa or sta-
tus described in section 101(a)(15)(A) or 201(b)(2)(A)(i), 
to any alien who is a national of, or residing in, a country 
that is determined to be a state sponsor of terrorism, ex-
cept the Secretary of Homeland Security (or the consular
officer, in the case of an application for a visa) may, on 
a case-by-case basis, waive the application of this sub-
section in the case of an alien who—
‘‘(1) requires examination or treatment for an 
emergency medical condition (as defined in section 
562(d) of the Illegal Immigration Reform and Immi-
gration Responsibility Act of 1996 (8 U.S.C. 
1396(d))); or 
‘‘(2) is eligible for admission as a refugee under 
section 207 or for asylum under section 208. 
‘‘(b) STATE SPONSOR OF TERRORISM DEFINED.—
‘‘(1) IN GENERAL.—In this section, the term 
‘state sponsor of terrorism’ means any country the 
government of which has been determined by the 
Secretary of State under any of the laws specified in 
paragraph (2) to have repeatedly provided support
210
for acts of terrorism. Such term shall apply to a 
country beginning on the date on which such deter-
mination takes effect and ending on the date on 
which such determination is withdrawn, terminated, 
revoked, or otherwise ceases to be effective. 
‘‘(2) LAWS
UNDER
WHICH
DETERMINATIONS 
WERE MADE.—The laws specified in this paragraph 
are the following: 
‘‘(A) Section 6(j)(1)(A) of the Export Ad-
ministration Act of 1979 (or successor statute). 
‘‘(B) Section 40(d) of the Arms Export 
Control Act. 
‘‘(C) Section 620A(a) of the Foreign As-
sistance Act of 1961.’’. 
(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 295 the following:
‘‘296. Treatment of nationals of state sponsors of terrorism.’’.
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date of the 
enactment of this Act and shall apply to visas 
issued, or status provided, on and after such date. 
(b) APPLICATION TO ADMITTED NONIMMIGRANTS.—
In the case of a nonimmigrant alien lawfully admitted into 
the United States who would have been ineligible to be
211
granted such nonimmigrant status if the amendments 
made by subsection (a) had been in effect on the date on 
which such status was granted, notwithstanding any other 
provision of law, the period of authorized admission as 
such a nonimmigrant shall terminate 60 days after the 
date of the enactment of this Act, unless the Secretary 
of Homeland Security makes an individualized determina-
tion described in section 296(a) of the Immigration and 
Nationality Act (as added by subsection (a)) with respect 
to the alien. 
(c) REPEAL.—Section 306 of the Enhanced Border 
Security and Visa Entry Reform Act of 2002 (Public Law 
107–173) is repealed. 
Subtitle C—Legal Immigration 
Reform 
SEC. 821. EXTENDED FAMILY PREFERENCE CATEGORIES. 
(a) IN
GENERAL.—Section 203(a) (8 U.S.C. 
1153(a)) is amended to read as follows: 
‘‘(a) PREFERENCE ALLOCATION FOR FAMILY-SPON-
SORED IMMIGRANTS.—Qualified immigrants who are the 
spouses or children of an alien lawfully admitted for per-
manent residence shall be subject to the worldwide level 
specified in section 201(c) for family-sponsored immi-
grants, and shall be allocated visas in a number not to 
exceed such level.’’.
212
(b) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM-
MIGRANTS.—Section 201(c) (8 U.S.C. 1151(c)) is amend-
ed—
(1) by striking ‘‘480,000’’ and inserting 
‘‘87,934’’; and 
(2) by striking ‘‘226,000’’ and inserting 
‘‘87,934’’. 
(c) NUMERICAL LIMITATION TO ANY SINGLE FOR-
EIGN STATE.—Section 202 (8 U.S.C. 1152) is amended—
(1) in subsection (a)(4), by striking subpara-
graph (A) and inserting the following: 
‘‘(A) 75 PERCENT NOT SUBJECT TO PER 
COUNTRY
LIMITATION.—Of the visa numbers 
made available under section 203(a) in any fis-
cal year, 75 percent shall be issued without re-
gard to the numerical limitation under para-
graph (2).’’; and 
(2) in subsection (e)—
(A) in paragraph (1), by adding ‘‘and’’ at 
the end; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as 
paragraph (2). 
(d) PROCEDURE FOR GRANTING IMMIGRANT STA-
TUS.—Section 204 (8 U.S.C. 1154) is amended—
213
(1) in subsection (a)(1)(A)(i), by striking 
‘‘paragraph (1), (3), or (4) of’’; 
(2) 
in 
subsection 
(a)(1)(B), 
by 
striking 
‘‘203(a)(2)’’ and ‘‘203(a)(2)(A)’’ each place such 
terms appear and inserting ‘‘203(a)’’; 
(3) in subsection (a)(1)(D)(i)—
(A) in subclause (I), by striking ‘‘a peti-
tioner for preference status under paragraph 
(1), (2), or (3)’’ and all that follows through 
the period at the end and inserting ‘‘to be an 
individual under 21 years of age for purposes of 
adjudicating such petition, and for purposes of 
admission as an immediate relative under sec-
tion 201(b)(2)(A)(i), notwithstanding the actual 
age of the individual.’’; and 
(B) in subclause (III), by striking ‘‘para-
graph (1), (2), or (3) of section 203(a), which-
ever paragraph is applicable,’’ and inserting 
‘‘section 203(a), and under 21 years of age 
(notwithstanding the actual age of the indi-
vidual),’’; and 
(4) in subsection (f), by striking ‘‘201(b), 
203(a)(1), or 203(a)(3), as appropriate.’’ and insert-
ing ‘‘201(b).’’.
214
(e) CLASSES
OF DEPORTABLE ALIENS.—Section 
237(a)(1)(E)(ii) (8 U.S.C. 1227(a)(1)(E)(ii)) is amended 
by striking ‘‘203(a)(2)’’ and inserting ‘‘203(a)’’. 
(f) CONDITIONAL PERMANENT RESIDENT STATUS 
FOR CERTAIN ALIEN SPOUSES AND SONS AND DAUGH-
TERS.—Section 216(g)(1)(C) (8 U.S.C. 1186a(g)(1)(C)) 
is amended by striking ‘‘203(a)(2)’’ and inserting 
‘‘203(a)’’. 
(g) EFFECTIVE DATE.—The amendments made this 
section shall take effect on the date of enactment of this 
Act. 
SEC. 822. EMPLOYMENT THIRD PREFERENCE CATEGORY. 
(a) IN GENERAL.—Paragraph (3) of section 203(b) 
(8 U.S.C. 1153(b)) is amended to read as follows: 
‘‘(3) 
SKILLED
WORKERS
AND
PROFES-
SIONALS.—
‘‘(A) IN GENERAL.—Visas shall be made 
available, in a number not to exceed 28.6 per-
cent of such worldwide level, plus any visas not 
required for the classes specified in paragraphs 
(1) and (2), to the following classes of aliens 
who are not described in paragraph (2): 
‘‘(i) SKILLED
WORKERS.—Qualified 
immigrants who are capable, at the time of 
petitioning for classification under this
215
paragraph, of performing skilled labor (re-
quiring at least 2 years training or experi-
ence), not of a temporary or seasonal na-
ture, for which qualified workers are not 
available in the United States.
‘‘(ii) PROFESSIONALS.—Qualified im-
migrants who hold baccalaureate degrees 
and who are members of the professions. 
‘‘(B) LABOR CERTIFICATION REQUIRED.—
An immigrant visa may not be issued to an im-
migrant under subparagraph (A) until the con-
sular officer is in receipt of a determination 
made by the Secretary of labor pursuant to the 
provisions of section 212(a)(5)(A).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of enactment 
of this Act. 
SEC. 823. ELIMINATION OF DIVERSITY IMMIGRANT PRO-
GRAM. 
(a) WORLDWIDE
LEVEL
OF
DIVERSITY
IMMI-
GRANTS.—Section 201 (8 U.S.C. 1151) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘and’’ at the end of para-
graph (1);
216
(B) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and 
(C) by striking paragraph (3); and 
(2) by striking subsection (e). 
(b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.—
Section 203 (8 U.S.C. 1153) is amended—
(1) by striking subsection (c); 
(2) in subsection (d), by striking ‘‘(a), (b), or 
(c),’’ and inserting ‘‘(a) or (b),’’; 
(3) in subsection (e), by striking paragraph (2) 
and redesignating paragraph (3) as paragraph (2); 
(4) in subsection (f), by striking ‘‘(a), (b), or 
(c)’’ and inserting ‘‘(a) or (b)’’; and 
(5) in subsection (g), by striking ‘‘(a), (b), and 
(c)’’ and inserting ‘‘(a) and (b)’’. 
(c) PROCEDURE FOR GRANTING IMMIGRANT STA-
TUS.—Section 204 (8 U.S.C. 1154) is amended—
(1) by striking subsection (a)(1)(I); and 
(2) in subsection (e), by striking ‘‘(a), (b), or 
(c)’’ and inserting ‘‘(a) or (b)’’. 
(c) EFFECTIVE DATE.—The amendments made this 
section shall take effect on the date of enactment of this 
Act.
217
SEC. 824. REFUGEE ADMISSIONS. 
(a) IN GENERAL.—Paragraphs (1) and (2) of section 
207(a) (8 U.S.C. 1157(a)) are amended to read as follows: 
‘‘(a)(1) Except as provided in paragraph (2) and sub-
section (b), the number of refugees who may be admitted 
under this section in any fiscal year shall be such number 
as the President determines, before the beginning of the 
fiscal year and after appropriate consultation, is justified 
by humanitarian concerns or is otherwise in the national 
interest. 
‘‘(2)(A) Except as provided in subparagraphs (B) 
and (C), the number determined under paragraph (1) for 
a fiscal year may not exceed the number of United Nations 
High Commissioner for Refugees-referred refugees who 
were resettled in a country other than the United States 
(excluding any internally resettled person) in the second 
preceding calendar year. 
‘‘(B) The number determined under paragraph (1) 
for a fiscal year may exceed the limit specified in subpara-
graph (A) by the number of refugees admitted pursuant 
to section 599D(b)(3) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 
1990 (8 U.S.C. 1157 note). 
‘‘(C) The number determined under paragraph (1) 
for a fiscal year may exceed the limit specified in subpara-
218
graph (A) if the Congress enacts a law providing for a 
higher number.’’. 
(b) EMERGENCY REFUGEE SITUATIONS.—Section 
207(b) (8 U.S.C. 1157(b)) is amended by striking ‘‘the 
President may fix’’ and inserting ‘‘the President may, if 
the Congress enacts a law providing such authority, fix’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of enactment of 
this Act. 
SEC. 825. ALIENS SUBJECT TO DIRECT NUMERICAL LIMITA-
TIONS. 
Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amend-
ed—
(1) by striking subparagraphs (C), (D), and 
(E); and 
(2) by amending subparagraph (B) to read as 
follows: 
‘‘(B) Aliens who are admitted under sec-
tion 207.’’. 
SEC. 
826. 
EDUCATION 
OF 
FAMILY-SPONSORED 
IMMI-
GRANTS. 
Section 203(a) (8 U.S.C. 1153(a)) is amended by 
adding at the end the following: 
‘‘(5) LIMITATION.—An adult alien other than a 
derivative spouse is not eligible for a visa under this
219
subsection unless the alien has attained at least a 
high school education or its equivalent.’’. 
SEC. 827. SPONSORSHIP LEVELS. 
Section 213A(f)(1)(E) (8 U.S.C. 1183a(f)(1)(E)) is 
amended by striking ‘‘125 percent of the Federal poverty 
line’’ and inserting ‘‘200 percent of the poverty line’’. 
SEC. 828. REPEAL OF SECTION 245(i). 
Section 245(i) (8 U.S.C. 1255(i)) is repealed. 
TITLE IX—MISCELLANEOUS 
PROVISIONS 
SEC. 901. TEMPORARY PROTECTED STATUS. 
(a) IN GENERAL.—Section 244 (8 U.S.C. 1254a) is 
amended—
(1) in subsection (a)—
(A) by striking paragraph (3)(D); 
(B) in paragraph (4)—
(i) by striking subparagraph (B); 
(ii) by moving the text of subpara-
graph (A) up and to the right so that it 
follows immediately after the paragraph 
heading; and 
(iii) by striking ‘‘(A)’’; and 
(C) in paragraph (5), by striking ‘‘to deny 
temporary protected status to an alien based on 
the alien’s immigration status or’’;
220
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (A), by adding 
‘‘or’’ at the end; 
(ii) in subparagraph (B)—
(I) in clause (i), by striking ‘‘dis-
ruption of living conditions’’ and in-
serting ‘‘physical destruction of homes 
and businesses’’; 
(II) by amending clause (ii) to 
read as follows: 
‘‘(ii) the foreign state is unable, tem-
porarily, to house and employ the aliens 
who are nationals of the state residing in 
the United States, but has officially re-
quested designation and submitted to the 
Secretary of State a specific plan to repa-
triate such nationals in a short and speci-
fied period of time; and’’; and 
(III) in clause (iii), by striking ‘‘; 
or’’ and inserting a period; 
(iii) by striking subparagraph (C); 
and 
(iv) by adding at the end the fol-
lowing:
221
‘‘An initial designation, or extension of a designa-
tion, of a foreign state (or part of such foreign 
state) under this paragraph shall not become effec-
tive if the Secretary of Homeland Security finds that 
permitting the aliens to remain temporarily in the 
United States is contrary to the national interest of 
the United States.’’
(B) in the last sentence of paragraph (2), 
by striking ‘‘18 months’’ and inserting ‘‘12 
months’’; 
(C) in paragraph (3)—
(i) in subparagraph (A), by inserting 
‘‘all’’ after ‘‘and shall determine whether’’; 
(ii) in subparagraph (B), by inserting 
‘‘all’’ after ‘‘no longer continues to meet’’; 
and 
(iii) by amending subparagraph (C) to 
read as follows: 
‘‘(C) EXTENSION
OF
DESIGNATION.—If 
the Secretary of Homeland Security determines 
under subparagraph (A) that a foreign state (or 
part of such foreign state) continues to meet all 
the conditions for designation under paragraph 
(1) and that the foreign state warrants an ex-
tension, the period of designation of the foreign
222
State is extended for an additional period of 6 
months (or, in the discretion of the Secretary, 
a period of 12 months).’’; and 
(D) in paragraph (5)—
(i) by striking subparagraph (B); 
(ii) by moving the text of subpara-
graph (A) up and to the right so that it 
follows immediately after the paragraph 
heading; and 
(iii) 
by 
striking 
‘‘(A) 
DESIGNA-
TIONS.—’’; 
(3) in subsection (c)—
(A) in paragraph (1)(B), by striking ‘‘The 
amount of any such fee shall not exceed $50.’’; 
(B) in paragraph (2)—
(i) in subparagraph (A), by striking 
‘‘of paragraph (1)—’’ and all that follows 
through the end and inserting the fol-
lowing: 
‘‘, 
the 
provisions 
of 
section 
212(a)(1) may be waived in the Secretary 
of Homeland Security’s discretion if a de-
nial of temporary protected status would 
separate the alien from a spouse or child 
in the United States.’’; 
(ii) in subparagraph (B)—
223
(I) by amending clause (i) to 
read as follows: 
‘‘(i) the alien is inadmissible under 
section 212(a) by reason of having been 
convicted of a crime committed in the 
United States, or the alien is deportable 
under section 237(a) (other than under 
section 237(a)(1)(B));’’; 
(II) in clause (ii), by striking the 
period at the end and inserting ‘‘; or’’; 
and 
(III) by adding at the end the 
following: 
‘‘(iii) the alien was unlawfully present 
in the United States on the effective date 
of the designation of the applicable foreign 
state (or part of a state), or the effective 
date of any extension of such designation, 
unless a law to the contrary is enacted be-
fore such date, except that if the Congress 
is adjourned sine die on such date, the 
alien may be granted temporary protected 
status for a period of not more than 4 
months.’’; 
(C) in paragraph (3)—
224
(i) by striking ‘‘, or’’ at the end of 
subparagraph (B) and inserting a semi-
colon; 
(ii) in subparagraph (C)—
(I) by inserting ‘‘and record the 
alien’s current address’’ after ‘‘reg-
ister’’; and 
(II) by striking the period at the 
end and inserting a semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) the alien commits a crime after being 
granted temporary protected status; or 
‘‘(E) the alien travels, no matter how brief-
ly, to the foreign state (or part of such state) 
the designation of which was the basis of the 
alien being granted such status.’’; 
(D) in paragraph (4), in each of subpara-
graphs (A) and (B), by inserting before the pe-
riod at the end the following: ‘‘, unless the alien 
travels, no matter how briefly, to the foreign 
state (or part of such state) the designation of 
which was the basis of the alien being granted 
such status’’; and 
(E) by striking paragraph (6);
225
(4) in subsection (d), by striking paragraph (4); 
(5) in subsection (e), by striking ‘‘, unless the 
Attorney General determines that extreme hardship 
exists’’ in the first sentence; 
(6) in subsection (f)—
(A) by inserting ‘‘and’’ at the end of para-
graph (2); 
(B) in paragraph (3), by striking ‘‘Attor-
ney General; and’’ and inserting ‘‘Secretary of 
Homeland Security, except to the foreign state 
(or part of such state) the designation of which 
was the basis of the alien being granted such 
status.’’; and 
(C) by striking paragraph (4); and 
(7) in subsection (h)—
(A) in paragraph (1), by inserting ‘‘or the 
House of Representatives’’ after ‘‘Senate’’; 
(B) in paragraph (2), by striking ‘‘three-
fifths’’ and inserting ‘‘two-thirds’’; and 
(C) by inserting ‘‘and the House of Rep-
resentatives’’ after ‘‘Senate’’ each place such 
term appears in paragraphs (2) and (3). 
(b) INELIGIBILITY OF CERTAIN ALIENS.—
(1) IN
GENERAL.—In the case of a foreign 
state (or part of a foreign state) initially designated
226
under section 244 (8 U.S.C. 1254a), or having such 
a designation extended, before the date of the enact-
ment of this Act, an alien who is a national of such 
state (or in the case of an alien having no nation-
ality, is a person who last habitually resided in such 
state), and was unlawfully present in the United 
States on the date of such designation or extension, 
shall be subject to paragraph (2). 
(2) ALIENS INELIGIBLE.—An alien described in 
paragraph (1) shall not be considered eligible for 
temporary protected status under section 244 pursu-
ant to any initial or succeeding extension of a des-
ignation described in such paragraph that takes ef-
fect after the date of the enactment of this Act, un-
less a law to the contrary is enacted before such ef-
fective date, except that if the Congress is adjourned 
sine die on such effective date, the alien may be 
granted temporary protected status for a period of 
not more than 4 months. 
SEC. 902. GOOD MORAL CHARACTER. 
(a) IN
GENERAL.—Section 101(f)(6) (8 U.S.C. 
1101(f)(6)) is amended to read as follows: 
‘‘(6) one who, by fraud or willfully misrepre-
senting a material fact, seeks to procure (or has 
sought to procure or has procured) a visa, other doc-
227
umentation, or admission into the United States or 
other benefit provided under this Act, for himself, 
herself, or any other alien;’’.
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to misrepresentations 
made on or after such date. 
SEC. 903. REMOVAL FOR ALIENS WHO MAKE MISREPRESEN-
TATIONS TO PROCURE BENEFITS. 
(a) IN GENERAL.—Section 237(a)(3) (8 U.S.C. 
1127(a)(3)) is amended by adding at the end the fol-
lowing: 
‘‘(F) 
MISREPRESENTATION.—Any 
alien 
who, by fraud or willfully misrepresenting a ma-
terial fact, seeks to procure (or has sought to 
procure or has procured) a visa, other docu-
mentation, or admission into the United States 
or other benefit provided under this Act, for 
himself, herself, or any other alien, is deport-
able.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to misrepresentations 
made on or after such date.
228
SEC. 904. DESIGNATIONS OF FOREIGN TERRORIST ORGANI-
ZATIONS. 
Section 219 (8 U.S.C. 1189) is amended—
(1) by striking ‘‘Secretary’’ each place such 
term appears, excluding subsection (a)(2)(C), and 
inserting ‘‘official specified under subsection (d)’’; 
(2) in subsection (c)—
(A) in paragraph (2), by adding ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking ‘‘; and’’ 
at the end and inserting a period; and 
(C) by striking paragraph (4); and 
(3) by adding at the end the following: 
‘‘(d) IMPLEMENTATION OF DUTIES AND AUTHORI-
TIES.—The duties under this section shall, and authorities 
under this section may, be exercised by the Secretary of 
State, the Attorney General, or the Secretary of Homeland 
Security.’’. 
SEC. 905. FOREIGN STUDENTS. 
(a) LENGTH
OF VISA TERM.—Section 221(c) (8 
U.S.C. 1201(c)) is amended—
(1) by striking ‘‘A nonimmigrant visa’’ and in-
serting ‘‘Except as otherwise provided by law, a non-
immigrant visa’’; and 
(2) by adding at the end the following:
229
‘‘In the case of a nonimmigrant visa issued under subpara-
graph (F), (J), or (M) of section 101(a)(15) for study in 
the United States, the visa shall not be valid for any pe-
riod in excess of the stated period that the institution or 
place of study to which the visa relates determines is nec-
essary and proper for the purpose of achieving the objec-
tive of such study. Such determinations shall be timely 
submitted, in accordance with such regulations as the Sec-
retary of Homeland Security may prescribe, as a condition 
of the granting of authority to issue documents dem-
onstrating aliens’ eligibility for a visa under subparagraph 
(F), (J), or (M) of section 101(a)(15).’’. 
(b) ELIGIBLE INSTITUTION.—Section 214 (8 U.S.C. 
1202), as amended by section 204 of this Act, is further 
amended by adding at the end the following: 
‘‘(w) A nonimmigrant visa may not be issued under 
subparagraph (F), (J), or (M) of section 101(a)(15) for 
postsecondary study at an educational institution unless 
that institution is an eligible institution for the purpose 
of a program authorized under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.).’’. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 6 months after the date 
of the enactment of this Act. The amendment made by
230
subsection (b) shall take effect on the date of the enact-
ment of this Act. 
SEC. 906. PAY GRADE GS–15 AVAILABLE FOR TRIAL ATTOR-
NEYS. 
There are authorized to be appropriated such sums 
as may be to establish a range for the annual rate of basic 
pay for positions as a trial attorney in the Bureau of Cus-
toms and Border Protection, the Bureau of Immigration 
and Customs Enforcement, and the Bureau of Citizenship 
and Immigration Services between the minimum annual 
rate of basic pay payable for grade GS–11 of the General 
Schedule and the maximum annual rate of basic pay pay-
able for grade GS–15 of the General Schedule. 
SEC. 907. PROOF OF IDENTITY OF ALIENS SEEKING RELIEF. 
(a) 
ASYLUM.—Section 
208(b)(2) 
(8 
U.S.C. 
1158(b)(2)) is amended by adding at the end the fol-
lowing: 
‘‘(E) PROOF OF IDENTITY.—No alien may 
be granted asylum until the alien proves the 
alien’s true identity by clear and convincing evi-
dence.’’. 
(b) ADJUSTMENT OF STATUS OF REFUGEES.—Sec-
tion 209 (8 U.S.C. 1159) is amended by adding at the 
end the following:
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‘‘(d) No alien may have the alien’s status adjusted 
under this section until the alien proves the alien’s true 
identity by clear and convincing evidence.’’. 
(c) CANCELLATION OF REMOVAL.—Section 240A (8 
U.S.C. 1229b) is amended by adding at the end the fol-
lowing: 
‘‘(f) PROOF OF IDENTITY.—No alien may receive re-
lief under this section until the alien proves the alien’s 
true identity by clear and convincing evidence.’’. 
(d) ADJUSTMENT OF STATUS OF NONIMMIGRANTS.—
Section 245 (8 U.S.C. 1255) is amended—
(1) by redesignating the subsection (l) added by 
section 1513(f) of Public Law 106–386 (114 Stat. 
1536) as subsection (m); and 
(2) by adding at the end the following: 
‘‘(n) PROOF OF IDENTITY.—No alien may have the 
alien’s status adjusted under this section until the alien 
proves the alien’s true identity by clear and convincing evi-
dence.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to relief provided on and after 
such date.
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SEC. 908. FOLLOWING TO JOIN DEFINED. 
Section 101(a) (8 U.S.C. 1101) is amended by adding 
at the end the following: 
‘‘(51) The term ‘following to join’ when used with re-
spect to a spouse or child of an alien, means that the 
spouse or child departs for the United States, in order 
to reside with the alien, during the 1-year period beginning 
on the date on which the alien is admitted into the United 
States.’’. 
SEC. 909. INFORMATION ON FOREIGN CRIMES. 
Section 245(a) is amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(2); 
(2) by redesignating paragraph (3) as para-
graph (4); and 
(3) by inserting after paragraph (2) the fol-
lowing: ‘‘(3) the Secretary of Homeland Security has 
thoroughly examined the alien’s countries of prior 
residence to determine that the alien has not com-
mitted a crime in those countries making the alien 
inadmissible, and’’.
Æ