(g) EFFECTIVE
DATE.—This section (and the 
amendments made by this section) shall take effect 180 
days after the date on which the last of the certifications 
required under section 111 is made. 
SEC. 104. REQUIREMENTS FOR ALIENS SEEKING H NON-
IMMIGRANT STATUS. 
(a) IN GENERAL.—Section 214(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(g)), as amended 
by section 101(b), is further amended by adding at the 
end the following: 
‘‘(2) Aliens seeking status under section 
101(a)(15)(H) shall—
‘‘(A) be physically present in the country 
of the alien’s residence and apply at a United 
States embassy, consular office, or other des-
ignated State Department post; 
‘‘(B) pay a visa processing fee in an 
amount determined under section 281; 
‘‘(C) file an application that includes edu-
cational attainment, job skills, and prior em-
ployment history, along with supporting docu-
mentation and references; 
‘‘(D) sign a legally enforceable affidavit at-
testing that they—
‘‘(i) understand that they will not be 
permitted to change or adjust to any other 
immigrant or nonimmigrant classification 
or status while present in the United 
States; 
‘‘(ii) acknowledge that a child born to 
them during their stay in the United 
States will not be granted U.S. citizenship 
unless the other parent is a U.S. citizen or 
lawful permanent resident; 
‘‘(iii) waive eligibility for any Federal, 
State, or local non-emergency public assist-
ance for which they might otherwise be eli-
gible during their tenure as an H non-
immigrant; and 
‘‘(iv) understand the penalties for fail-
ing to abide by the terms of their admis-
sion as an H nonimmigrant; 
‘‘(E) apply to be added to the database of 
prescreened, available workers described in 
paragraph (7), rather than applying for a par-
ticular, available job; 
‘‘(F) remain in the foreign country of resi-
dence until such time as an employer receives 
authorization to hire an H nonimmigrant and
chooses that alien from the database to fill the 
particular job opening; and 
‘‘(G) 
submit 
to 
fingerprinting 
and 
photographing so that the data may be added 
to the Chimera system, required by the En-
hanced Border Security and Visa Entry Reform 
Act of 2002 (Public Law 107–173), and under-
go criminal background and health checks to 
ensure admissibility under section 212(a). 
‘‘(3) The Secretary of State shall take reason-
able steps to verify that the education and work his-
tory provided by aliens seeking H nonimmigrant sta-
tus are accurate prior to adding such aliens to the 
database described in paragraph (7). 
‘‘(4) Notwithstanding any prior criminal or ter-
rorist background checks performed, nonimmigrants 
described in section 101(a)(15)(H) who are selected 
by employers from the database shall be checked 
against criminal and terrorist databases no more 
than one week prior to admission to the United 
States. Aliens who apply for renewal of non-
immigrant status under section 101(a)(15)(H) shall 
undergo new criminal background and health checks 
before renewal may be granted.
‘‘(5)(A) Any alien who has been listed in the 
database described in paragraph (7) for a contin-
uous period of 24 months without being selected by 
an employer shall be removed from the database un-
less such alien submits an updated application to be 
listed. The Secretary of State shall extend such 
alien’s listing for another 24 months, without addi-
tional cost to the alien, if the updated application is 
timely, complete, and accurate. 
‘‘(B) Any alien in the database who is selected 
by an employer shall be removed from the database 
upon admission to the United States to perform the 
work. Such alien may submit an updated application 
to be relisted at the end of his or her authorized 
stay in the United States if the application is timely, 
complete, and accurate, and if the alien satisfied all 
the terms of the H nonimmigrant visa. 
‘‘(6) An alien who violates a term or condition 
of the alien’s admission as an H nonimmigrant, in-
cluding failure to leave the United States upon the 
expiration of the period of authorized admission, 
shall be barred from receiving any immigrant or 
nonimmigrant visa for a period of 10 years.’’. 
(b) SPECIAL RULE ON CITIZENSHIP AT BIRTH FOR 
CHILDREN
OF
H NONIMMIGRANTS.—Notwithstanding
Title III of the Immigration and Nationality Act (8 U.S.C. 
1401 et seq.), or any other law, a child born in the United 
States to a parent who is a nonimmigrant described in 
section 101(a)(15)(H) of the Immigration and Nationality 
Act (as amended by section 101 of this Act) shall not be 
a national or citizen of the United States at birth unless 
the other parent is a citizen or lawful permanent resident 
of the United States. 
SEC. 105. DATABASE OF APPROVED PROSPECTIVE H NON-
IMMIGRANTS. 
Section 214(g) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)), as amended by sections 101(b) 
and 104(a), is further amended by adding at the end the 
following: 
‘‘(7)(A) The Secretary of Labor shall establish 
and maintain a database of all aliens approved for 
status under section 101(a)(15)(H). Such database 
shall include all information regarding each alien’s 
job skills, education, and employment history. 
‘‘(B) Once the Secretary approves an employ-
er’s petition under section 212(n)(1), the Secretary 
shall make available to the employer a list of the 
prescreened, available aliens who may be able to fill 
the open job position, as described in the announce-
ment posted by the employer on America’s Job 
Bank. 
‘‘(i) The Secretary shall not provide the 
employer with access to contact information, 
other than the alien’s name, about any alien 
listed in the database. 
‘‘(ii) The Secretary shall ensure that no 
employer is able to access any information in 
the database until after such employer’s labor 
condition application is approved. 
‘‘(C) Once an employer selects one or more 
workers in the database, the Secretary shall provide 
the employer with contact information for the work-
er so the employer can make an offer of employ-
ment. If the alien accepts the offer, the Secretary 
shall issue the alien an H nonimmigrant visa within 
3 days of such acceptance.’’. 
SEC. 106. EFFECTIVE DATE. 
Except as otherwise provided, the provisions in this 
subtitle (and the amendments made by this subtitle) shall 
take effect on the date on which the last of the certifi-
cations required by section 111 is made.
Subtitle B—Requiring Lawful 
Migration 
SEC. 111. CERTIFICATIONS. 
(a) SECRETARY OF HOMELAND SECURITY.—Prior to 
the implementation of the program described in subtitle 
A, the Secretary of Homeland Security, in consultation 
with the Attorney General and the Secretary of State, 
shall certify to the Congress the following: 
(1) The automated entry-exit control system re-
quired under section 110 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1221 note), as amended, is fully imple-
mented and functional, all ports of entry have func-
tional biometric machine readers, and the entry into 
and departure from the United States of all nonciti-
zens is recorded. 
(2) All noncitizens already in the United States 
legally and all aliens authorized to enter the United 
States have been issued biometric, machine-readable 
travel and entry documents, as required by section 
303 of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (8 U.S.C. 1732). 
(3) Neither immigrant nor nonimmigrant visas 
are being issued to nationals of foreign states that
refuse to permit the return of their nationals who 
are ordered removed from the United States. 
(4) The EASI Check system described in sec-
tion 221 of this Act is fully implemented and func-
tional and DHS has an enforcement plan in place 
that targets U.S. employers based on information 
from DHS, SSA, and IRS regarding the EASI–
Check system, mismatched SSNs, and incorrectly 
filed information returns. 
(5) All of the additional Border Patrol agents 
authorized under the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–
458) have been hired, trained, and deployed and, if 
necessary, a sufficient number of United States mili-
tary personnel has been deployed to support the 
Border Patrol so illegal entry has been reduced to 
the point that it is estimated at a lower level than 
annual removals. 
(6) The Chimera system required under section 
202(a)(2) of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (8 U.S.C, 1722(a)(2)) is 
fully implemented and functional and includes dig-
ital fingerprints and photographs of all aliens grant-
ed admission to the United States and all aliens or-
dered removed or granted voluntary departure from 
the United States. 
(7) All DHS databases containing information 
on noncitizens and the National Crime Information 
Center database are interoperable. 
(8) The absconder rate for aliens ordered re-
moved from the United States is less than five per-
cent for the previous 12-month period. 
(9) Section 287(g) of the Immigration and Na-
tionality Act (8 U.S.C. 1357(g)) and sections 209, 
232, and 233 of this Act have been fully imple-
mented and United States Immigration and Cus-
toms Enforcement employees respond to every re-
quest for assistance from State and local law en-
forcement authorities, either by taking custody of il-
legal aliens located by those authorities or by reim-
bursing those authorities for the costs of detaining 
and transporting such aliens. 
(10) At least 80 percent of visa overstays are 
located and removed within one year of overstaying. 
(b) IMPACT STUDY.—Prior to the implementation of 
the program described in subtitle A: 
(1) STUDY.—The Director of the Bureau of the 
Census, jointly with the Secretaries of Agriculture, 
Education, Energy, Health and Human Services,
Homeland Security, Housing and Urban Develop-
ment, Interior, Justice, Labor, Transportation, and 
Treasury and the Administrator of the Environ-
mental Protection Agency shall undertake a study 
examining the impacts on U.S. infrastructure and 
quality of life of—
(A) current annual levels of immigrant and 
nonimmigrant admissions; 
(B) illegal immigration; and 
(C) implementation of the program estab-
lished in subtitle A. 
(2) REPORT.—The Director of the Bureau of 
the Census shall submit to Congress a report on the 
findings of the study required in paragraph (1) of 
this subsection, including the following information: 
(A) An estimate of the total legal and ille-
gal alien populations of the United States, as 
they relate to the total population. 
(B) The projected impact of legal and ille-
gal immigration on the size of the population of 
the United States over the next 50 years; the 
regions of the country that are likely to experi-
ence the largest increases; and the small towns 
and rural counties that are likely to lose their 
character as a result of such growth.
(C) The impact of the current and pro-
jected foreign-born populations on the natural 
environment, including the consumption of non-
renewable resources, waste production, and dis-
posal, the emission of pollutants, and the loss 
of habitat and productive farmland; an estimate 
of the public expenditures required to maintain 
current standards in each of these areas; and 
the degree to which current standards will dete-
riorate if such expenditures are not forth-
coming. 
(D) The impact of the current and pro-
jected foreign-born populations on employment 
and wage rates, particularly in industries in 
which the foreign born are concentrated; and an 
estimate of the associated public costs. 
(E) The impact of the current and pro-
jected foreign-born populations on the need for 
additions and improvements to the transpor-
tation infrastructure of the United States; an 
estimate of the public expenditures required to 
meet this need; and the impact on Americans’ 
mobility if such expenditures are not forth-
coming.