357 
‘‘(C) civil monetary penalties. 
‘‘(2) CIVIL
PENALTIES.—The Secretary of 
Labor may impose, as a civil penalty— 
‘‘(A) for a violation of any of subsections 
(b) through (g)— 
‘‘(i) a fine in an amount not to exceed 
$2,000 per violation per affected worker; 
‘‘(ii) if the violation was willful, a fine 
in an amount not to exceed $5,000 per vio-
lation per affected worker; 
‘‘(iii) if the violation was willful and if 
in the course of such violation a United 
States worker was harmed, a fine in an 
amount not to exceed $25,000 per viola-
tion per affected worker; and 
‘‘(B) for a violation of subsection (h)— 
‘‘(i) a fine in an amount not less than 
$500 and not more than $4,000 per viola-
tion per affected worker; 
‘‘(ii) if the violation was willful, a fine 
in an amount not less than $2,000 and not 
more than $5,000 per violation per af-
fected worker; and 
‘‘(iii) if the violation was willful and if 
in the course of such violation a United 
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States worker was harmed, a fine in an 
amount not less than $6,000 and not more 
than $35,000 per violation per affected 
worker. 
‘‘(3) USE OF CIVIL PENALTIES.—All penalties 
collected under this subsection shall be deposited in 
the Treasury in accordance with section 286(w). 
‘‘(4) CRIMINAL PENALTIES.—If a willful and 
knowing violation of subsection (g) causes extreme 
physical or financial harm to an individual, the per-
son in violation of such subsection may be impris-
oned for not more than 6 months, fined in an 
amount not more than $35,000, or both. 
‘‘(m) INCREASED PENALTIES.—Any employer of an 
H–2C nonimmigrant that is subject to a fine under section 
16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
216) or the Occupational Safety and Health Act of 1970 
(29 U.S.C. 666) for a violation affecting such alien, shall 
be required to pay a fine equal to twice the fine that would 
otherwise be assessed under such sections. 
‘‘(n) DEFINITIONS.—In this section and in sections 
218A, 218C, and 218D: 
‘‘(1) AGGRIEVED
PERSON.—term ‘aggrieved 
person’ means a person adversely affected by an al-
leged violation of this section, including— 
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‘‘(A) a worker whose job, wages, or work-
ing conditions are adversely affected by the vio-
lation; and 
‘‘(B) a representative for workers whose 
jobs, wages, or working conditions are adversely 
affected by the violation who brings a complaint 
on behalf of such worker. 
‘‘(2) AREA OF EMPLOYMENT.—The terms ‘area 
of employment’ and ‘area of intended employment’ 
mean the area within normal commuting distance of 
the worksite or physical location at which the work 
of the H–2C worker is or will be performed. If such 
worksite or location is within a Metropolitan Statis-
tical Area, any place within such area is deemed to 
be within the area of employment. 
‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means, with respect to employment, an 
individual who is not an unauthorized alien (as de-
fined in section 274A) with respect to that employ-
ment. 
‘‘(4) EMPLOY; EMPLOYEE; EMPLOYER.—The 
terms ‘employ’, ‘employee’, and ‘employer’ have the 
meanings given such terms in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
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‘‘(5) FOREIGN LABOR CONTRACTOR.—The term 
‘foreign labor contractor’ means any person who for 
any compensation or other valuable consideration 
paid or promised to be paid, performs any foreign 
labor contracting activity. 
‘‘(6) FOREIGN
LABOR
CONTRACTING
ACTIV-
ITY.—The term ‘foreign labor contracting activity’ 
means recruiting, soliciting, hiring, employing, or 
furnishing, an individual who resides outside of the 
United States for employment in the United States 
as a nonimmigrant alien described in section 
101(a)(15)(H)(ii)(c). 
‘‘(7) H–2C NONIMMIGRANT.—The term ‘H–2C 
nonimmigrant’ means a nonimmigrant described in 
section 101(a)(15)(H)(ii)(c). 
‘‘(8) SEPARATION
FROM
EMPLOYMENT.—The 
term ‘separation from employment’ means the work-
er’s loss of employment, other than through a dis-
charge for inadequate performance, violation of 
workplace rules, cause, voluntary departure, vol-
untary retirement, or the expiration of a grant or 
contract. The term does not include any situation in 
which the worker is offered, as an alternative to 
such loss of employment, a similar employment op-
portunity with the same employer at equivalent or 
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higher compensation and benefits than the position 
from which the employee was discharged, regardless 
of whether the employee accepts the offer. Nothing 
in this paragraph shall limit an employee’s rights 
under a collective bargaining agreement or other em-
ployment contract. 
‘‘(9) UNITED
STATES
WORKER.—The term 
‘United States worker’ means an employee who is— 
‘‘(A) a citizen or national of the United 
States; or 
‘‘(B) an alien who is— 
‘‘(i) lawfully admitted for permanent 
residence; 
‘‘(ii) admitted as a refugee under sec-
tion 207; 
‘‘(iii) granted asylum under section 
208; or 
‘‘(iv) otherwise authorized, under this 
Act or by the Secretary of Homeland Secu-
rity, to be employed in the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
is amended by inserting after the item relating to section 
218A, as added by section 402, the following: 
‘‘Sec. 218B. Employer obligations.’’. 
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362 
SEC. 404. ALIEN EMPLOYMENT MANAGEMENT SYSTEM. 
(a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 
is amended by inserting after section 218B, as added by 
section 403, the following: 
‘‘SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM. 
‘‘(a) ESTABLISHMENT.—The Secretary of Homeland 
Security, in consultation with the Secretary of Labor, the 
Secretary of State, and the Commissioner of Social Secu-
rity, shall develop and implement a program (referred to 
in this section as the ‘alien employment management sys-
tem’) to manage and track the employment of aliens de-
scribed in sections 218A and 218D. 
‘‘(b) REQUIREMENTS.—The alien employment man-
agement system shall— 
‘‘(1) collect sufficient information from employ-
ers to enable the Secretary of Homeland Security to 
determine— 
‘‘(A) if the nonimmigrant is employed; 
‘‘(B) which employers have hired an H–2C 
nonimmigrant; 
‘‘(C) the number of H–2C nonimmigrants 
that an employer is authorized to hire and is 
currently employing; 
‘‘(D) the occupation, industry, and length 
of time that an H–2C nonimmigrant has been 
employed in the United States; 
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‘‘(2) allow employers to request approval of 
multiple H–2C nonimmigrant workers; and 
‘‘(3) permit employers to submit applications 
under this section in an electronic form.’’. 
(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 218B, as added by section 403, the following: 
‘‘Sec. 218C. Alien employment management system.’’. 
SEC. 405. RECRUITMENT OF UNITED STATES WORKERS. 
(a) ELECTRONIC JOB REGISTRY.—The Secretary of 
Labor shall establish a publicly accessible Web page on 
the Internet website of the Department of Labor that pro-
vides a single Internet link to each State workforce agen-
cy’s statewide electronic registry of jobs available through-
out the United States to United States workers. 
(b) RECRUITMENT OF UNITED STATES WORKERS.— 
(1) POSTING.—An employer shall attest that 
the employer has posted an employment opportunity 
at a prevailing wage level (as described in section 
218B(b)(2)(C) of the Immigration and Nationality 
Act). 
(2) RECORDS.—An employer shall maintain 
records for not less than 1 year after the date on 
which an H–2C nonimmigrant is hired that describe 
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the reasons for not hiring any of the United States 
workers who may have applied for such position. 
(c) OVERSIGHT AND MAINTENANCE OF RECORDS.— 
The Secretary of Labor shall promulgate regulations re-
garding the maintenance of electronic job registry records 
for the purpose of audit or investigation. 
(d) ACCESS TO ELECTRONIC JOB REGISTRY.—The 
Secretary of Labor shall ensure that job opportunities ad-
vertised on an electronic job registry established under 
this section are accessible— 
(1) by the State workforce agencies, which may 
further disseminate job opportunity information to 
other interested parties; and 
(2) through the Internet, for access by workers, 
employers, labor organizations, and other interested 
parties. 
SEC. 406. NUMERICAL LIMITATIONS. 
Section 214(g)(1) (8 U.S.C. 1184(g)) is amended— 
(1) by striking ‘‘(beginning with fiscal year 
1992)’’; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) under section 101(a)(15)(H)(ii)(c), 
may not exceed— 
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‘‘(i) 400,000 for the first fiscal year 
in which the program is implemented; 
‘‘(ii) in any subsequent fiscal year, 
subject to clause (iii)— 
‘‘(I) if the total number of visas 
allocated for that fiscal year are allot-
ted within the first quarter of that fis-
cal year, then an additional 20 per-
cent of the allocated number shall be 
made available immediately and the 
allocated amount for the following fis-
cal year shall increase by 20 percent 
of the original allocated amount in the 
prior fiscal year; 
‘‘(II) if the total number of visas 
allocated for that fiscal year are allot-
ted within the second quarter of that 
fiscal year, then an additional 15 per-
cent of the allocated number shall be 
made available immediately and the 
allocated amount for the following fis-
cal year shall increase by 15 percent 
of the original allocated amount in the 
prior fiscal year; 
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366 
‘‘(III) if the total number of visas 
allocated for that fiscal year are allot-
ted within the third quarter of that 
fiscal year, then an additional 10 per-
cent of the allocated number shall be 
made available immediately and the 
allocated amount for the following fis-
cal year shall increase by 10 percent 
of the original allocated amount in the 
prior fiscal year; 
‘‘(IV) if the total number of visas 
allocated for that fiscal year are allot-
ted within the last quarter of that fis-
cal year, the allocated amount for the 
following fiscal year shall increase by 
10 percent of the original allocated 
amount in the prior fiscal year; and 
‘‘(V) with the exception of the 
first subsequent fiscal year to the fis-
cal year in which the program is im-
plemented, if fewer visas were allotted 
the previous fiscal year than the num-
ber of visas allocated for that year 
and the reason was not due to proc-
essing delays or delays in promul-
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367 
gating regulations, then the allocated 
amount for the following fiscal year 
shall decrease by 10 percent of the al-
located amount in the prior fiscal 
year; and 
‘‘(iii) 600,000 for any fiscal year.’’. 
SEC. 407. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT 
STATUS. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended by adding at the end the fol-
lowing: 
‘‘(n)(1) For purposes of adjustment of status under 
subsection (a), employment-based immigrant visas shall be 
made available to an alien having nonimmigrant status de-
scribed in section 101(a)(15)(H)(ii)(c) upon the filing of 
a petition for such a visa— 
‘‘(A) by the alien’s employer; or 
‘‘(B) by the alien, if the alien has been em-
ployed as an H–2C nonimmigrant in the United 
States for a cumulative total of 5 years. 
‘‘(2) An alien applying for adjustment of status under 
paragraph (1)(B) shall— 
‘‘(A) pay an application fee of $500 which shall 
be credited to the State Impact Assistance Account 
established under section 286(x), in addition to the 
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fee established by the Secretary of Homeland Secu-
rity to process an application for adjustment of sta-
tus; 
‘‘(B) be physically present in the United States; 
‘‘(C) establish evidence of employment; and 
‘‘(D)(i) meet the requirements under section 
312; or 
‘‘(ii) be satisfactorily pursuing a course of study 
to achieve such an understanding of English and 
knowledge and understanding of the history and 
government of the United States. 
‘‘(3)(A) Notwithstanding any other provision of this 
section, an alien described in paragraph (1)(B) shall be 
considered, at the time of obtaining the status of an alien 
lawfully admitted for permanent residence, to have ob-
tained such status on a conditional basis for a period not 
to exceed two years subject to the provisions of this sub-
section. 
‘‘(B) In order for the conditional basis established 
under this subsection for an alien to be removed, the alien 
shall submit to the Secretary, during the 90-day period 
before the second anniversary of the alien’s obtaining the 
status of lawful admission for permanent residence, a peti-
tion which requests the removal of such conditional basis 
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and states, under penalty of perjury, the facts and infor-
mation described in subparagraph (G). 
‘‘(C) In the case of an alien with permanent resident 
status on a conditional basis under this subsection, if no 
petition is filed with respect to the alien in accordance with 
the provisions of this paragraph, status shall be termi-
nated. 
‘‘(D) In any removal proceeding with respect to an 
alien whose permanent resident status is terminated under 
subparagraph (B), the burden of proof shall be on the 
alien to establish compliance with the conditions of this 
subsection. 
‘‘(E) If the Secretary determines that such facts and 
information are true, the Secretary shall so notify the par-
ties involved and shall remove the conditional basis of the 
party effective as of the second anniversary of the alien’s 
obtaining the status of lawful admission for permanent 
residence 
‘‘(F) If the Secretary determines that such facts and 
information are not true, the Secretary shall so notify the 
parties involved and, shall terminate the permanent resi-
dent status of an alien as of the date of the determination. 
‘‘(G) Each petition under this paragraph for removal 
of conditional status shall contain the following facts and 
information: 
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‘‘(i) Evidence of continued employment. 
‘‘(ii) Evidence of employment in an area that is 
not a high unemployment area described in section 
218B. 
‘‘(iii) Evidence of compliance with— 
‘‘(I) section 602(g) of the STRIVE Act of 
2007, regarding payment of income taxes 
‘‘(II) section 602(h) of such Act, regarding 
basic citizenship skills 
‘‘(III) section 602(i) of such Act, regarding 
security and law enforcement background 
checks; 
‘‘(IV) section 602(j) of such Act, regarding 
military selective service; and 
‘‘(V) section 602(k) of such Act, regarding 
treatment of conditional nonimmigrant depend-
ents. 
‘‘(4) An alien shall demonstrate evidence of employ-
ment in accordance with section 602(a)(3) of the STRIVE 
Act. It is the sense of the Congress that the requirement 
under this paragraph should be interpreted and imple-
mented in a manner that recognizes and takes into ac-
count the difficulties encountered by aliens in obtaining 
evidence of employment. Such alien shall prove, by a pre-
ponderance of the evidence, that the alien has satisfied 
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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. 
‘‘(5) An alien who demonstrates that the alien meets 
the requirements of section 312 may be considered to have 
satisfied the requirements of that section for purposes of 
becoming naturalized as a citizen of the United States 
under title III. 
‘‘(6) Filing a petition under paragraph (1) on behalf 
of an alien or otherwise seeking permanent residence in 
the United States for such alien shall not constitute evi-
dence of the alien’s ineligibility for nonimmigrant status 
under section 101(a)(15)(H)(ii)(c). 
‘‘(7) The limitation regarding the period of author-
ized stay under section 218D(9)(d) shall not apply to an 
H–2C nonimmigrant if— 
‘‘(A) a labor certification petition filed under 
section 203(b) on behalf of such alien is pending; 
‘‘(B) an immigrant visa petition filed under sec-
tion 204(b) on behalf of such alien is pending; or 
‘‘(C) an application for adjustment of status 
under paragraph (1)(B) is pending. 
‘‘(8) The Secretary of Homeland Security shall ex-
tend the stay of an alien who qualifies for an exemption 
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372 
under paragraph (6) in 1-year increments until a final de-
cision is made on the alien’s lawful permanent residence. 
‘‘(9) Nothing in this subsection shall be construed to 
prevent an alien having nonimmigrant status described in 
section 101(a)(15)(H)(ii)(c) from filing an application for 
adjustment of status under this section in accordance with 
any other provision of law.’’. 
SEC. 408. REQUIREMENTS FOR PARTICIPATING COUN-
TRIES. 
(a) IN GENERAL.—The Secretary of State, in co-
operation with the Secretary and the Attorney General, 
shall negotiate with each home country of aliens described 
in section 101(a)(15)(H)(ii)(c) of the Immigration and 
Nationality Act, as added by section 401, to enter into 
a bilateral agreement with the United States that con-
forms to the requirements under subsection (b). 
(b) REQUIREMENTS OF BILATERAL AGREEMENTS.— 
Each agreement negotiated under subsection (a) shall re-
quire the participating home country to— 
(1) accept the return of nationals who are or-
dered removed from the United States within 3 days 
of such removal; 
(2) cooperate with the United States Govern-
ment to— 
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(A) identify, track, and reduce gang mem-
bership, violence, and human trafficking and 
smuggling; and 
(B) control illegal immigration; 
(3) provide the United States Government 
with— 
(A) passport information and criminal 
records of aliens who are seeking admission to, 
or are present in, the United States; and 
(B) admission and entry data to facilitate 
United States entry-exit data systems; 
(4) educate nationals of the home country re-
garding United States temporary worker programs 
to ensure that such nationals are not exploited; and 
(5) evaluate means to provide housing incen-
tives in the alien’s home country for returning work-
ers. 
SEC. 409. COMPLIANCE INVESTIGATORS. 
The Secretary of Labor, subject to the availability of 
appropriations for such purpose, shall annually increase, 
by not less than 2,000, the number of positions for compli-
ance investigators dedicated to enforcing compliance with 
this title, and the amendments made by this title. 
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374 
SEC. 410. STANDING COMMISSION ON IMMIGRATION AND 
LABOR MARKETS. 
(a) ESTABLISHMENT OF COMMISSION.— 
(1) IN GENERAL.—There is established an inde-
pendent Federal agency within the Executive Branch 
to be known as the Standing Commission on Immi-
gration and Labor Markets (referred to in this sec-
tion as the ‘‘Commission’’). 
(2) PURPOSES.—The purposes of the Commis-
sion are— 
(A) to study the new worker program es-
tablished under this title to admit H–2C non-
immigrants (referred to in this section as the 
‘‘Program’’); 
(B) to make recommendations to the 
President and Congress with respect to the Pro-
gram. 
(3) MEMBERSHIP.—The Commission shall be 
composed of— 
(A) 6 voting members— 
(i) who shall be appointed by the 
President, with the advice and consent of 
the Senate, not later than 6 months after 
the establishment of the Program; 
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(ii) who shall serve for 3-year stag-
gered terms, which can be extended for 1 
additional 3-year term; 
(iii) who shall select a Chair from 
among the voting members to serve a 2- 
year term, which can be extended for 1 ad-
ditional 2-year term; 
(iv) who shall have expertise in eco-
nomics, demography, labor, business, or 
immigration or other pertinent qualifica-
tions or experience; 
(v) who may not be an employee of 
the Federal Government or of any State or 
local government; and 
(vi) not more than 3 of whom may be 
members of the same political party. 
(B) 7 ex-officio members, including— 
(i) the Secretary; 
(ii) the Secretary of State; 
(iii) the Attorney General; 
(iv) the Secretary of Labor; 
(v) the Secretary of Commerce; 
(vi) the Secretary of Health and 
Human Services; and 
(vii) the Secretary of Agriculture. 
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(4) VACANCIES.—Any vacancy in the Commis-
sion shall be filled in the same manner as the origi-
nal appointment. 
(5) MEETINGS.— 
(A) INITIAL
MEETING.—The Commission 
shall meet and begin carrying out the duties de-
scribed in subsection (b) as soon as practicable. 
(B) SUBSEQUENT
MEETINGS.—After its 
initial meeting, the Commission shall meet upon 
the call of the Chair or a majority of its mem-
bers. 
(C) QUORUM.—Four voting members of 
the Commission shall constitute a quorum. 
(b) DUTIES OF THE COMMISSION.—The Commission 
shall— 
(1) examine and analyze— 
(A) the development and implementation of 
the Program; 
(B) the criteria for the admission of tem-
porary workers under the Program; 
(C) the formula for determining the annual 
numerical limitations of the Program; 
(D) the impact of the Program on immi-
gration; 
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(E) the impact of the Program on the 
economy, unemployment rate, wages, workforce, 
and businesses of the United States; and 
(F) any other matters regarding the Pro-
gram that the Commission considers appro-
priate; 
(2) not later than February 1, 2009, and every 
2 years thereafter, submit a report to the President 
and Congress that— 
(A) contains the findings of the analysis 
conducted under paragraph (1); 
(B) makes recommendations regarding the 
necessary adjustments to the numerical limits 
of the Program in section 214(g)(1)(C) of the 
Immigration and Nationality Act, as added by 
section 406, to meet the labor market needs of 
the United States; and 
(C) makes other recommendations regard-
ing the Program, including legislative or admin-
istrative action, that the Commission deter-
mines to be in the national interest. 
(3) upon receiving a request from Congress, ex-
amine, analyze, and report findings or recommenda-
tions regarding any other employment-based immi-
gration and visa program. 
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(c) INFORMATION AND ASSISTANCE FROM FEDERAL 
AGENCIES.— 
(1) INFORMATION.—The head of any Federal 
department or agency that receives a request from 
the Commission for information, including sugges-
tions, estimates, and statistics, as the Commission 
considers necessary to carry out the provisions of 
this section, shall furnish such information to the 
Commission, to the extent allowed by law. 
(2) ASSISTANCE.— 
(A) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall, on a reimbursable basis, provide the Com-
mission with administrative support and other 
services for the performance of the Commis-
sion’s functions. 
(B) OTHER FEDERAL AGENCIES.—The de-
partments and agencies of the United States 
may provide the Commission with such services, 
funds, facilities, staff, and other support serv-
ices as the heads of such departments and 
agencies determine advisable and authorized by 
law. 
(d) PERSONNEL MATTERS.— 
(1) STAFF.— 
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379 
(A) APPOINTMENT AND COMPENSATION.— 
The Chair, in accordance with rules agreed 
upon by the Commission, may appoint and fix 
the compensation of a staff director and such 
other personnel as may be necessary to enable 
the Commission to carry out its functions. 
(B) FEDERAL EMPLOYEES.— 
(i) IN GENERAL.—Except as provided 
under clause (ii), the executive director and 
any personnel of the Commission who are 
employees shall be considered to be em-
ployees under section 2105 of title 5, 
United States Code, for purposes of chap-
ters 63, 81, 83, 84, 85, 87, 89,and 90 of 
such title. 
(ii) COMMISSION MEMBERS .—Clause 
(i) shall not apply to members of the Com-
mission. 
(2) DETAILEES.—Any employee of the Federal 
Government may be detailed to the Commission 
without reimbursement from the Commission. Such 
detailee shall retain the rights, status, and privileges 
of his or her regular employment without interrup-
tion. 
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(3) CONSULTANT SERVICES.—The Commission 
may procure the services of experts and consultants 
in accordance with section 3109 of title 5, United 
States Code, at rates not to exceed the daily rate 
paid a person occupying a position at level IV of the 
Executive Schedule under section 5315 of such title 
5. 
(e) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION.—Each voting member of 
the Commission may be compensated at a rate not 
to exceed the daily equivalent of the annual rate of 
basic pay in effect for a position at level IV of the 
Executive Schedule under section 5315 of title 5, 
United States Code, for each day during which that 
member is engaged in the actual performance of the 
duties of the Commission. 
(2) TRAVEL EXPENSES.—Members of the Com-
mission shall be allowed travel expenses, including 
per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in the Govern-
ment service are allowed expenses under section 
5703(b) of title 5, United States Code, while away 
from their homes or regular places of business in the 
performance of services for the Commission. 
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381 
(f) DETERMINATION OF NEW LEVELS OF PROGRAM 
VISAS.—The numeric levels for visas under the Program 
shall be set automatically for the first fiscal year beginning 
after the report is submitted under subsection (b)(2) 
based on the numeric levels determined in the most recent 
fiscal year, as adjusted by section 214(g)(1)(C) of the Im-
migration and Nationality Act, unless Congress enacts leg-
islation before September 30, 2009, that— 
(1) establishes the baseline numeric levels of 
Program visas for such fiscal year; and 
(2) makes amendments, as necessary, to such 
section 214(g)(1)(C). 
(g) FUNDING.—Fees and fines deposited into the 
New Worker and Conditional Nonimmigrants Fee Account 
under section 286(w)(3)(B) of the Immigration and Na-
tionality Act may be used by the Commission to carry out 
its duties under this section. 
SEC. 411. ADMISSION OF NONIMMIGRANTS. 
(a) PRESUMPTION
OF NONIMMIGRANT STATUS.— 
Section 214(b) (8 U.S.C. 1184(b)) is amended by striking 
‘‘and other than’’ and inserting ‘‘a nonimmigrant de-
scribed in section 101(a)(15)(H)(ii)(c)), and’’. 
(b) EVIDENCE
TO
ABANDON
FOREIGN
RESI-
DENCE.—Section 214(h) (8 U.S.C. 1184(h)) is amended 
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by striking ‘‘H(i)(b) or (c),’’ and inserting ‘‘(H)(i)(b), 
H(i)(c), (H)(ii)(c),’’. 
SEC. 412. AGENCY REPRESENTATION AND COORDINATION. 
Section 274A(e) (8 U.S.C. 1324a(e)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A), by striking the 
comma at the end and inserting a semicolon; 
(B) in subparagraph (B), by striking ‘‘, 
and’’ and inserting a semicolon; 
(C) in subparagraph (C), by striking 
‘‘paragraph (2).’’ And inserting ‘‘paragraph (1); 
and’’; and 
(D) by inserting after subparagraph (C) 
the following: 
‘‘(D) United States Immigration and Cus-
toms Enforcement officials may not misrepre-
sent to employees or employers that they are a 
member of any agency or organization that pro-
vides domestic violence services, enforces health 
and safety law or other labor laws, provides 
health care services, or any other services in-
tended to protect life and safety.’’; and 
(2) by adding at the end the following: 
‘‘(10) COORDINATION.—An investigation under 
paragraph (1)(C) shall be coordinated with the ap-
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383 
propriate regional office of the National Labor Rela-
tions Board, the Department of Labor, and all rel-
evant State and local agencies that are charged with 
enforcing workplace standards. Evidence gathered 
from such agencies shall be considered in deter-
mining whether the entity under investigation has 
violated subsection (a).’’. 
SEC. 413. SENSE OF CONGRESS REGARDING PERSONAL 
PROTECTIVE EQUIPMENT. 
(a) IN GENERAL.—It is the sense of the Congress 
that the Secretary of Labor, not later than 90 days after 
the date of the enactment of this Act, should amend sec-
tion 1910.132(a) of title 29, Code of Federal Regulations, 
to require employers to provide personal protective equip-
ment to employees at no cost. Any future regulation pro-
mulgated under such section should require such equip-
ment be provided to employees at no cost. 
(b) DEFINED TERM.—In this section, the term ‘‘per-
sonal protective equipment’’ has the meaning given the 
term in section 1910.132(a) of title 29, Code of Federal 
Regulations (or any corresponding similar regulation or 
ruling). 
SEC. 414. RULEMAKING; EFFECTIVE DATE. 
(a) RULEMAKING.—Not later than 6 months after 
the date of enactment of the STRIVE Act, the Secretary 
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of Labor shall promulgate regulations, in accordance with 
the notice and comment provisions of section 553 of title 
5, United States Code, to carry out the provisions of sec-
tions 218A and 218B of the Immigration and Nationality 
Act, as added by this title. 
(b) EFFECTIVE DATE.—The amendments made by 
sections 402, 403, and 404 shall take effect on the date 
that is 1 year after the date of the enactment of this Act 
with regard to aliens, who, on such effective date, are in 
the foreign country where they maintain residence. 
SEC. 415. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this title. 
TITLE V—VISA REFORMS 
Subtitle A—Backlog Reduction 
SEC. 501. ELIMINATION OF EXISTING BACKLOGS. 
(a) 
FAMILY-SPONSORED
IMMIGRANTS.—Section 
201(c) (8 U.S.C. 1151(c)) is amended to read as follows: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.—The worldwide level of family-sponsored 
immigrants under this subsection for a fiscal year is equal 
to the sum of— 
‘‘(1) 480,000; 
‘‘(2) the difference between the maximum num-
ber of visas authorized to be issued under this sub-
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section during the previous fiscal year and the num-
ber of visas issued during the previous fiscal year; 
‘‘(3) the difference between— 
‘‘(A) the maximum number of visas au-
thorized to be issued under this subsection dur-
ing fiscal years 2001 through 2005 minus the 
number of visas issued under this subsection 
during those fiscal years; and 
‘‘(B) the number of visas calculated under 
subparagraph (A) that were issued after fiscal 
year 2005.’’. 
(b) 
EMPLOYMENT-BASED
IMMIGRANTS.—Section 
201(d) (8 U.S.C. 1151(d)) is amended to read as follows: 
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 
IMMIGRANTS.— 
‘‘(1) IN GENERAL.—The worldwide level of em-
ployment-based immigrants under this subsection for 
a fiscal year is equal to the sum of— 
‘‘(A) 290,000; 
‘‘(B) the difference between the maximum 
number of visas authorized to be issued under 
this subsection during the previous fiscal year 
and the number of visas issued during the pre-
vious fiscal year; and 
‘‘(C) the difference between— 
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