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) 
of section 212(a)(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1182(a)(3)). 
(C) ADMISSION.—An alien granted provi-
sional immigrant status shall be considered to 
have been admitted in such status as of the 
date on which the alien’s application was sub-
mitted. 
(D) CLARIFICATION OF STATUS.—An alien 
granted provisional immigrant status shall be 
considered lawfully admitted to the United 
States. 
(2) REVOCATION.— 
(A) IN GENERAL.—The Secretary may re-
voke provisional immigrant status at any time 
after providing appropriate notice to the alien, 
and after the exhaustion or waiver of all appli-
cable administrative review procedures if the 
alien— 
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(i) no longer meets the eligibility re-
quirements for provisional immigrant sta-
tus; 
(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-
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. 
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(ii) EFFECT
OF
NONCOMPLIANCE.— 
The provisional immigrant status of an 
alien who fails to comply with any require-
ment imposed by the Secretary under 
clause (i) shall be revoked unless the alien 
demonstrates to the Secretary’s satisfac-
tion that such failure was reasonably ex-
cusable. 
(C) INVALIDATION OF DOCUMENTATION.— 
If an alien’s provisional immigrant status is re-
voked pursuant to subparagraph (A), any docu-
mentation issued by the Secretary to such alien 
under subsection (b)(6) shall automatically be 
rendered invalid for any purpose except for de-
parture from the United States. 
(3) INELIGIBILITY FOR PUBLIC BENEFITS.—An 
alien who has been granted provisional immigrant 
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 PROVISIONAL IMMIGRANT 
STATUS.—An alien granted provisional immigrant 
status shall be considered lawfully present in the 
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United States for all purposes while such alien re-
mains 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-
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 provisional immigrant status shall 
provide the alien and the Secretary with a written 
record of employment each year the alien remains in 
such status. 
(2) CIVIL PENALTIES.— 
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(A) IN GENERAL.—If the Secretary deter-
mines, after notice and an opportunity for a 
hearing, that an employer of an alien granted 
provisional immigrant status has knowingly 
failed to provide the record of employment re-
quired under paragraph (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-
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 
provisional immigrant status or will apply for such 
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status once the application period commences is not 
in violation of section 274A(a)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(a)(2)) if 
the employer continues to employ the alien pending 
the adjudication 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 provisional immigrant status may not 
be used in a civil or criminal prosecution or in-
vestigation of that employer under section 274A 
of the Immigration and Nationality Act (8 
U.S.C. 1324a) or the Internal Revenue Code of 
1986 for the prior unlawful employment of that 
alien regardless of the adjudication of such ap-
plication or reconsideration by the Secretary of 
such alien’s prima facie eligibility determina-
tion. Employers that provide unauthorized 
aliens with copies of employment records or 
other evidence of employment pursuant to an 
application for provisional immigrant status 
shall not be subject to civil and criminal liability 
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