175 
partment of Homeland Security in an amount deter-
mined by the Secretary. 
(2) RECOVERY OF COSTS.—The processing fee 
authorized under paragraph (1) shall be set at a 
level that is sufficient to recover the full costs of 
processing the application, including any costs in-
curred— 
(A) to adjudicate the application; 
(B) to take and process biometric data; 
(C) to perform national security and crimi-
nal checks, including adjudication; 
(D) to prevent and investigate fraud; and 
(E) to administer the collection of such 
fee. 
(3) AUTHORITY
TO
LIMIT
FEES.—The Sec-
retary may issue regulations— 
(A) to limit the maximum processing fee 
payable under this subsection by a family, in-
cluding spouses and unmarried children young-
er than 21 years of age; and 
(B) to exempt defined classes of individ-
uals from the payment of the fee required 
under paragraph (1). 
(4) PENALTY.—In addition to the processing 
fee required under paragraph (1), aliens applying for 
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blue card status under this subsection who are 21 
years of age or older shall pay a $100 penalty to the 
Department of Homeland Security. 
(5) DEPOSIT AND USE OF PROCESSING FEES 
AND
PENALTIES.—Fees and penalties authorized 
under this subsection— 
(A) shall be deposited into the Immigration 
Examinations Fee Account pursuant to section 
286(m) of the Immigration and Nationality Act 
(8 U.S.C. 1356(m)); and 
(B) shall remain available until expended 
pursuant to section 286(n) of such Act. 
(f) TERMS AND CONDITIONS OF BLUE CARD STA-
TUS.— 
(1) CONDITIONS OF BLUE CARD STATUS.— 
(A) EMPLOYMENT.—Notwithstanding any 
other provision of law, including section 
241(a)(7) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)(7)), an alien with blue 
card status shall be authorized to be employed 
in the United States while in such status. 
(B) 
TRAVEL
OUTSIDE
THE
UNITED 
STATES.—An alien with blue card status— 
(i) may travel outside of the United 
States, including commuting to the United 
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States from a residence in a foreign coun-
try; and 
(ii) may be admitted upon returning 
to the United States without having to ob-
tain a visa if— 
(I) the alien is in possession of— 
(aa) valid, unexpired docu-
mentary evidence of blue card 
status that complies with sub-
section (b)(6)(B); or 
(bb) a travel document that 
has been approved by the Sec-
retary and was issued to the 
alien after the alien’s original 
documentary evidence was lost, 
stolen, or destroyed; 
(II) the alien’s absence from the 
United States did not exceed 180 
days, unless the alien’s failure to 
timely return was due to extenuating 
circumstances beyond the alien’s con-
trol; and 
(III) the alien establishes that he 
or she is not inadmissible under sub-
paragraph (A)(i), (A)(iii), (B), or (C) 
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178 
of section 212(a)(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1182(a)(3)). 
(C) ADMISSION.—An alien granted blue 
card status shall be considered to have been ad-
mitted in such status as of the date on which 
the alien’s application was submitted. 
(D) CLARIFICATION OF STATUS.—An alien 
granted blue card status shall be considered 
lawfully admitted to the United States. 
(2) REVOCATION.— 
(A) IN GENERAL.—The Secretary may re-
voke blue card status at any time after pro-
viding appropriate notice to the alien, and after 
the exhaustion or waiver of all applicable ad-
ministrative review procedures if the alien— 
(i) no longer meets the eligibility re-
quirements for blue card status; 
(ii) knowingly used documentation 
issued under this section for an unlawful 
or fraudulent purpose; or 
(iii) was absent from the United 
States for— 
(I) any single period longer than 
180 days in violation of the require-
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179 
ment under paragraph (1)(B)(ii)(II); 
or 
(II) for more than 180 days in 
the aggregate during any calendar 
year, unless the alien’s failure to time-
ly return was due to extenuating cir-
cumstances beyond the alien’s control. 
(B) ADDITIONAL EVIDENCE.— 
(i) IN
GENERAL.—In determining 
whether to revoke an alien’s status under 
subparagraph (A), the Secretary may re-
quire the alien— 
(I) to submit additional evidence; 
and 
(II) to appear for an interview. 
(ii) EFFECT
OF
NONCOMPLIANCE.— 
The blue card status of an alien who fails 
to comply with any requirement imposed 
by the Secretary under clause (i) shall be 
revoked unless the alien demonstrates to 
the Secretary’s satisfaction that such fail-
ure was reasonably excusable. 
(C) INVALIDATION OF DOCUMENTATION.— 
If an alien’s blue card status is revoked pursu-
ant to subparagraph (A), any documentation 
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issued by the Secretary to such alien under sub-
section (b)(6) shall automatically be rendered 
invalid for any purpose except for departure 
from the United States. 
(3) INELIGIBILITY FOR PUBLIC BENEFITS.—An 
alien who has been granted blue card status is not 
eligible for the Federal means-tested public benefits 
unavailable to qualified aliens under section 403 of 
the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1613)). 
(4) TREATMENT OF BLUE CARD STATUS.—An 
alien granted blue card status shall be considered 
lawfully present in the United States for all pur-
poses while such alien remains in such status, except 
that the alien— 
(A) is not entitled to the premium assist-
ance tax credit authorized under section 36B of 
the Internal Revenue Code of 1986 (26 U.S.C. 
36B) for his or her coverage; 
(B) shall be subject to the rules applicable 
to individuals who are not lawfully present set 
forth in subsection (e) of such section; 
(C) shall be subject to the rules applicable 
to individuals who are not lawfully present set 
forth in section 1402(e) of the Patient Protec-
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181 
tion and Affordable Care Act (42 U.S.C. 
18071(e)); and 
(D) shall be subject to the rules applicable 
to individuals not lawfully present set forth in 
section 5000A(d)(3) of the Internal Revenue 
Code of 1986 (26 U.S.C. 5000A(d)(3)). 
(g) PROVISIONS INVOLVING EMPLOYERS.— 
(1) RECORD OF EMPLOYMENT.—Employers of 
aliens granted blue card status shall provide the 
alien and the Secretary with a written record of em-
ployment each year the alien remains in such status. 
(2) CIVIL PENALTIES.— 
(A) IN GENERAL.—If the Secretary deter-
mines, after notice and an opportunity for a 
hearing, that an employer of an alien granted 
blue card status has knowingly failed to provide 
the record of employment required under para-
graph (1) or has provided a false statement of 
material fact in such a record, the employer 
shall be subject to a civil penalty in an amount 
not to exceed $500 per violation. 
(B) LIMITATION.—The penalty under sub-
paragraph (A) for failure to provide employ-
ment records shall not apply unless the alien 
has provided the employer with evidence of em-
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182 
ployment authorization described in subsection 
(b)(11). 
(C) DEPOSIT OF CIVIL PENALTIES.—Civil 
penalties collected under this paragraph shall be 
deposited into the Immigration Examinations 
Fee Account pursuant to section 286(m) of the 
Immigration and Nationality Act (8 U.S.C. 
1356(m)). 
(3) CONTINUING EMPLOYMENT.—An employer 
that knows an alien employee is an applicant for 
blue card status or will apply for such status once 
the application period commences is not in violation 
of section 274A(a)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1324a(a)(2)) if the employer 
continues to employ the alien pending the adjudica-
tion of the alien employee’s application. 
(4) EMPLOYER PROTECTIONS.— 
(A) USE
OF
EMPLOYMENT
RECORDS.— 
Copies of employment records or other evidence 
of employment provided by an alien or by an 
alien’s employer in support of an alien’s appli-
cation for blue card status may not be used in 
a civil or criminal prosecution or investigation 
of that employer under section 274A of the Im-
migration and Nationality Act (8 U.S.C. 
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1324a) or the Internal Revenue Code of 1986 
for the prior unlawful employment of that alien 
regardless of the adjudication of such applica-
tion or reconsideration by the Secretary of such 
alien’s prima facie eligibility determination. 
Employers that provide unauthorized aliens 
with copies of employment records or other evi-
dence of employment pursuant to an application 
for blue card status shall not be subject to civil 
and criminal liability pursuant to such section 
274A for employing such unauthorized aliens. 
(B) LIMIT ON APPLICABILITY.—The pro-
tections for employers and aliens under sub-
paragraph (A) shall not apply if the aliens or 
employers submit employment records that are 
determined to be fraudulent. 
(h) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
(1) IN GENERAL.—Any administrative or judi-
cial review of a determination regarding an applica-
tion for blue card status shall comply with the re-
quirements under this subsection. 
(2) ADMINISTRATIVE REVIEW.— 
(A) SINGLE
LEVEL
OF
APPELLATE
RE-
VIEW.—The Secretary shall establish an appel-
late authority to provide for a single level of ad-
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184 
ministration appellate review of a final agency 
determination. 
(B) STANDARD FOR REVIEW.—An admin-
istrative appellate review established under sub-
paragraph (A) shall be based solely upon— 
(i) the administrative record estab-
lished at the time of the determination re-
garding the application; and 
(ii) any additional or newly discovered 
evidence that was not available at the time 
of a final agency determination. 
(3) JUDICIAL REVIEW.—Judicial review of a de-
termination under this section shall be limited to the 
review of an order of removal under section 242 of 
the Immigration and Nationality Act (8 U.S.C. 
1252). 
(i) DISCLOSURES AND PRIVACY.— 
(1) PROHIBITED DISCLOSURES.—Except as oth-
erwise provided in this subsection, no officer or em-
ployee of any Federal agency may— 
(A) use the information furnished in an 
application for lawful status under this section 
or section 245B of the Immigration and Na-
tionality Act, for any purpose other than to 
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185 
make a determination on any application by the 
alien for any immigration benefit or protection; 
(B) make any publication through which 
information furnished by any particular appli-
cant can be identified; or 
(C) permit anyone other than the sworn of-
ficers, employees, and contractors of such agen-
cy or of another entity approved by the Sec-
retary to examine any individual application for 
lawful status under this section or such section 
245B. 
(2) REQUIRED
DISCLOSURES.—The Secretary 
shall provide the information furnished in an appli-
cation filed under this section or section 245B of the 
Immigration and Nationality Act and any other in-
formation derived from such furnished information 
to— 
(A) a law enforcement agency, intelligence 
agency, national security agency, a component 
of the Department of Homeland Security, 
court, or grand jury, consistent with law, in 
connection with— 
(i) a criminal investigation or prosecu-
tion of any felony not related to the appli-
cant’s immigration status; or 
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