,,ii #aacth ,,congress #ast ,session ,s4 #gdd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ag 7legislative day1 ,april #af71 #bjac ,mr4 ,schumer 7for himself1 ,mr4 ,mc,cain1 ,mr4 ,durbin1 ,mr4 ,graham1 ,mr4 ,menendez1 ,mr4 ,rubio1 ,mr4 ,bennet1 and ,mr4 ,flake7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for comprehensive immigration reform and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,statement of congressional findings4 ,sec4 #c4 ,effective date triggers4 ,sec4 #d4 ,southern ,border ,security ,commission4 ,sec4 #e4 ,comprehensive ,southern ,border ,security ,strategy and ,southern ,border ,fencing ,strategy4 ,sec4 #f4 ,comprehensive ,immigration ,reform ,trust ,fund4 ,sec4 #g4 ,reference to the ,immigration and ,nationality ,act4 ,sec4 #h4 ,definitions4 ,,title ,i--,border ,security ,sec4 #aaja4 ,definitions4 ,sec4 #aajb4 ,additional ,u4,s4 ,customs and ,border ,protection officers4 ,sec4 #aajc4 ,national ,guard support to secure the ,southern border4 ,sec4 #aajd4 ,enhancement of existing border security operations4 ,sec4 #aaje4 ,border security on certain ,federal land4 ,sec4 #aajf4 ,equipment and technology4 ,sec4 #aajg4 ,access to emergency personnel4 ,sec4 #aajh4 ,southwest ,border region prosecution initiative4 ,sec4 #aaji4 ,interagency collaboration4 ,sec4 #aaaj4 ,,scaap reauthorization4 ,sec4 #aaaa4 ,use of force4 ,sec4 #aaab4 ,training for border security and immigration enforcement officers4 ,sec4 #aaac4 ,department of ,homeland ,security ,border ,oversight ,task ,force4 ,sec4 #aaad4 ,immigration ombudsman4 ,sec4 #aaae4 ,reports4 ,sec4 #aaaf4 ,severability4 ,,title ,,ii--,immigrant visas ,subtitle ,a--,registration and adjustment of registered provisional immigrants ,sec4 #baja4 ,registered provisional immigrant status4 ,sec4 #bajb4 ,adjustment of status of registered provisional immigrants4 ,sec4 #bajc4 ,the ,,dream ,act4 ,sec4 #bajd4 ,additional requirements4 ,sec4 #baje4 ,criminal penalty4 ,sec4 #bajf4 ,grant program to assist eligible applicants4 ,sec4 #bajg4 ,conforming amendments to the ,social ,security ,act4 ,sec4 #bajh4 ,government contracting and acquisition of real property interest4 ,sec4 #baji4 ,long-term legal residents of the ,commonwealth of the ,northern ,mariana ,islands4 ,sec4 #baaj4 ,rulemaking4 ,sec4 #baaa4 ,statutory construction4 ,subtitle ,b--,agricultural ,worker ,program ,sec4 #bbja4 ,short title4 ,sec4 #bbjb4 ,definitions4 ,chapter #a--,program for earned status adjustment of agricultural workers ,,subchapter ,a--,blue card status ,sec4 #bbaa4 ,requirements for blue card status4 ,sec4 #bbab4 ,adjustment to permanent resident status4 ,sec4 #bbac4 ,use of information4 ,sec4 #bbad4 ,reports on blue cards4 ,sec4 #bbae4 ,authorization of appropriations4 ,,subchapter ,b--,correction of social security records ,sec4 #bbba4 ,correction of social security records4 ,chapter #b--,nonimmigrant agricultural visa program ,sec4 #bbca4 ,nonimmigrant classification for nonimmigrant agricultural workers4 ,sec4 #bbcb4 ,establishment of nonimmigrant agricultural worker program4 ,sec4 #bbcc4 ,transition of ,h-#b;,a worker program4 ,sec4 #bbcd4 ,reports to ,congress on nonimmigrant agricultural workers4 ,chapter #c--,other provisions ,sec4 #bbda4 ,rulemaking4 ,sec4 #bbdb4 ,reports to ,congress4 ,sec4 #bbdc4 ,effective date4 ,subtitle ,c--,future immigration ,sec4 #bcja4 ,merit-based points track one4 ,sec4 #bcjb4 ,merit-based track two4 ,sec4 #bcjc4 ,repeal of the diversity visa program4 ,sec4 #bcjd4 ,world-wide levels and recapture of unused immigrant visas4 ,sec4 #bcje4 ,reclassification of spouses and minor children of lawful permanent residents as immediate relatives4 ,sec4 #bcjf4 ,numerical limitations on individual foreign states4 ,sec4 #bcjg4 ,allocation of immigrant visas4 ,sec4 #bcjh4 ,v nonimmigrant visas4 ,sec4 #bcji4 ,fiance and fianc child status protection4 ,sec4 #bcaj4 ,equal treatment for all stepchildren4 ,sec4 #bcaa4 ,international adoption harmonization4 ,sec4 #bcab4 ,relief for orphans1 widows1 and widowers4 ,sec4 #bcac4 ,discretionary authority with respect to removal1 deportation or inadmissibility of citizen and resident immediate family members4 ,sec4 #bcad4 ,waivers of inadmissibility4 ,sec4 #bcae4 ,continuous presence4 ,sec4 #bcaf4 ,global health care cooperation4 ,sec4 #bcag4 ,extension and improvement of the ,iraqi special immigrant visa program4 ,sec4 #bcah4 ,extension and improvement of the ,afghan special immigrant visa program4 ,sec4 #bcai4 ,elimination of sunsets for certain visa programs4 ,subtitle ,d--,conrad ,state #cj and physician access ,sec4 #bdja4 ,conrad ,state #cj ,program4 ,sec4 #bdjb4 ,retaining physicians who have practiced in medically underserved communities4 ,sec4 #bdjc4 ,employment protections for physicians4 ,sec4 #bdjd4 ,allotment of ,conrad #cj waivers4 ,sec4 #bdje4 ,amendments to the procedures1 definitions1 and other provisions related to physician immigration4 ,subtitle ,e--,integration ,sec4 #beja4 ,definitions4 ,chapter #a--;,citizenship and ,new ,americans ,,subchapter ,a--,office of ,citizenship and ,new ,americans ,sec4 #beaa4 ,office of ,citizenship and ,new ,americans4 ,,subchapter ,b--,task ,force on ,new ,americans ,sec4 #beba4 ,establishment4 ,sec4 #bebb4 ,purpose4 ,sec4 #bebc4 ,membership4 ,sec4 #bebd4 ,functions4 ,chapter #b--,public-private partnership ,sec4 #beca4 ,establishment of ,united ,states ,citizenship ,foundation4 ,sec4 #becb4 ,funding4 ,sec4 #becc4 ,purposes4 ,sec4 #becd4 ,authorized activities4 ,sec4 #bece4 ,council of directors4 ,sec4 #becf4 ,powers4 ,sec4 #becg4 ,initial ,entry1 ,adjustment1 and ,citizenship ,assistance ,grant ,program4 ,sec4 #bech4 ,pilot program to promote immigrant integration at ,state and local levels4 ,sec4 #beci4 ,naturalization ceremonies4 ,chapter #c--;,funding ,sec4 #beda4 ,authorization of appropriations4 ,chapter #d--,reduce barriers to naturalization ,sec4 #beea4 ,waiver of ,english requirement for senior new ,americans4 ,sec4 #beeb4 ,filing of applications not requiring regular internet access4 ,,title ,,iii--,interior enforcement ,subtitle ,a--,employment ,verification ,system ,sec4 #caja4 ,unlawful employment of unauthorized aliens4 ,sec4 #cajb4 ,increasing security and integrity of social security cards4 ,sec4 #cajc4 ,increasing security and integrity of immigration documents4 ,sec4 #cajd4 ,responsibilities of the ,social ,security ,administration4 ,sec4 #caje4 ,improved prohibition on discrimination based on national origin or citizenship status4 ,sec4 #cajf4 ,rulemaking4 ,subtitle ,b--,protecting ,united ,states workers ,sec4 #cbja4 ,protections for victims of serious violations of labor and employment law or crime4 ,sec4 #cbjb4 ,employment ,verification ,system ,education ,funding4 ,sec4 #cbjc4 ,directive to the ,united ,states ,sentencing ,commission4 ,sec4 #cbjd4 ,confidentiality for victims of crime4 ,subtitle ,c--,other provisions ,sec4 #ccja4 ,funding4 ,sec4 #ccjb4 ,effective date4 ,sec4 #ccjc4 ,mandatory exit system4 ,sec4 #ccjd4 ,identity-theft resistant manifest information for passengers1 crew1 and non-crew onboard departing aircraft and vessels4 ,sec4 #ccje4 ,profiling4 ,subtitle ,d--,asylum and refugee provisions ,sec4 #cdja4 ,time limits and efficient adjudication of genuine asylum claims4 ,sec4 #cdjb4 ,refugee family protections4 ,sec4 #cdjc4 ,clarification on designation of certain refugees4 ,sec4 #cdjd4 ,asylum determination efficiency4 ,sec4 #cdje4 ,stateless persons in the ,united ,states4 ,sec4 #cdjf4 ,u visa accessibility4 ,sec4 #cdjg4 ,representation at overseas refugee interviews4 ,subtitle ,e--,shortage of immigration court resources for removal proceedings ,sec4 #ceja4 ,shortage of immigration court personnel for removal proceedings4 ,sec4 #cejb4 ,improving immigration court efficiency and reducing costs by increasing access to legal information4 ,sec4 #cejc4 ,office of ,legal ,access ,programs4 ,sec4 #cejd4 ,codifying ,board of ,immigration ,appeals4 ,sec4 #ceje4 ,improved training for immigration judges and ,board ,members4 ,sec4 #cejf4 ,improved resources and technology for immigration courts and ,board of ,immigration ,appeals4 ,subtitle ,f--,prevention of trafficking in persons and abuses involving workers recruited abroad ,sec4 #cfja4 ,definitions4 ,sec4 #cfjb4 ,disclosure4 ,sec4 #cfjc4 ,prohibition on discrimination4 ,sec4 #cfjd4 ,recruitment fees4 ,sec4 #cfje4 ,registration4 ,sec4 #cfjf4 ,bonding requirement4 ,sec4 #cfjg4 ,maintenance of lists4 ,sec4 #cfjh4 ,amendment to the ,immigration and ,nationality ,act4 ,sec4 #cfji4 ,responsibilities of ,secretary of ,state4 ,sec4 #cfaj4 ,enforcement provisions4 ,sec4 #cfaa4 ,rule of construction4 ,sec4 #cfab4 ,regulations4 ,subtitle ,g--,interior enforcement ,sec4 #cgja4 ,criminal street gangs4 ,sec4 #cgjb4 ,banning habitual drunk drivers from the ,united ,states4 ,sec4 #cgjc4 ,sexual abuse of a minor4 ,sec4 #cgjd4 ,illegal entry4 ,sec4 #cgje4 ,reentry of removed alien4 ,sec4 #cgjf4 ,penalties related to removal4 ,sec4 #cgjg4 ,reform of passport1 visa1 and immigration fraud offenses4 ,sec4 #cgjh4 ,combating schemes to defraud aliens4 ,sec4 #cgji4 ,inadmissibility and removal for passport and immigration fraud offenses4 ,sec4 #cgaj4 ,directives related to passport and document fraud4 ,sec4 #cgaa4 ,inadmissible aliens4 ,sec4 #cgab4 ,organized and abusive human smuggling activities4 ,sec4 #cgac4 ,preventing criminals from renouncing citizenship during wartime4 ,sec4 #cgad4 ,diplomatic security service4 ,sec4 #cgae4 ,secure alternatives programs4 ,sec4 #cgaf4 ,oversight of detention facilities4 ,sec4 #cgag4 ,procedures for bond hearings and filing of notices to appear4 ,sec4 #cgah4 ,sanctions for countries that delay or prevent repatriation of their nationals4 ,sec4 #cgai4 ,gross violations of human rights4 ,,title ,,iv--,reforms to nonimmigrant visa programs ,subtitle ,a--,employment-based nonimmigrant visas ,sec4 #daja4 ,market-based ,h-#a;,b visa limits4 ,sec4 #dajb4 ,employment authorization for dependents of employment-based nonimmigrants4 ,sec4 #dajc4 ,eliminating impediments to worker mobility4 ,sec4 #dajd4 ,,stem ,education and ,training4 ,subtitle ,b--,h-#a;,b visa fraud and abuse protections ,chapter #a--;,h-#a;,b ,employer ,application ,requirements ,sec4 #dbaa4 ,modification of application requirements4 ,sec4 #dbab4 ,requirements for admission of nonimmigrant nurses in health professional shortage areas4 ,sec4 #dbac4 ,new application requirements4 ,sec4 #dbad4 ,application review requirements4 ,chapter #b-- ,investigation and ,disposition of ,complaints ,against ,h-#a;,b ,employers ,sec4 #dbba4 ,general modification of procedures for investigation and disposition4 ,sec4 #dbbb4 ,investigation1 working conditions1 and penalties4 ,sec4 #dbbc4 ,initiation of investigations4 ,sec4 #dbbd4 ,information sharing4 ,chapter #c--,other protections ,sec4 #dbca4 ,posting available positions through the ,department of ,labor4 ,sec4 #dbcb4 ,h-#a;,b government authority and requirements4 ,sec4 #dbcc4 ,requirements for information for ,h-#a;,b and ,l nonimmigrants4 ,sec4 #dbcd4 ,filing fee for ,h-#a;,b-dependent employers4 ,sec4 #dbce4 ,providing premium processing of employment-based visa petitions4 ,sec4 #dbcf4 ,technical correction4 ,sec4 #dbcg4 ,application4 ,subtitle ,c--,l visa fraud and abuse protections ,sec4 #dcja4 ,prohibition on outplacement of ,l nonimmigrants4 ,sec4 #dcjb4 ,l employer petition requirements for employment at new offices4 ,sec4 #dcjc4 ,cooperation with ,secretary of ,state4 ,sec4 #dcjd4 ,limitation on employment of ,l nonimmigrants4 ,sec4 #dcje4 ,filing fee for ,l nonimmigrants4 ,sec4 #dcjf4 ,investigation and disposition of complaints against ,l nonimmigrant employers4 ,sec4 #dcjg4 ,penalties4 ,sec4 #dcjh4 ,prohibition on retaliation against ,l nonimmigrants4 ,sec4 #dcji4 ,reports on ,l nonimmigrants4 ,sec4 #dcaj4 ,application4 ,sec4 #dcaa4 ,report on ,l blanket petition process4 ,subtitle ,d--,other nonimmigrant visas ,sec4 #ddja4 ,nonimmigrant visas for students4 ,sec4 #ddjb4 ,classification for specialty occupation workers from free trade countries4 ,sec4 #ddjc4 ,e-visa reform4 ,sec4 #ddjd4 ,other changes to nonimmigrant visas4 ,sec4 #ddje4 ,treatment of nonimmigrants during adjudication of application4 ,sec4 #ddjf4 ,nonimmigrant elementary and secondary school students4 ,subtitle ,e--,,jolt ,act ,sec4 #deja4 ,short titles4 ,sec4 #dejb4 ,premium processing4 ,sec4 #dejc4 ,encouraging ,canadian tourism to the ,united ,states4 ,sec4 #dejd4 ,retiree visa4 ,sec4 #deje4 ,incentives for foreign visitors visiting the ,united ,states during low peak seasons4 ,sec4 #dejf4 ,visa waiver program enhanced security and reform4 ,sec4 #dejg4 ,expediting entry for priority visitors4 ,sec4 #dejh4 ,visa processing4 ,subtitle ,f--,reforms to the ,h-#b;,b ,visa ,program ,sec4 #dfja4 ,extension of returning worker exemption to ,h-#b;,b numerical limitation4 ,sec4 #dfjb4 ,other requirements for ,h-#b;,b employers4 ,sec4 #dfjc4 ,nonimmigrants participating in relief operations4 ,sec4 #dfjd4 ,nonimmigrants performing maintenance on common carriers4 ,subtitle ,g--,w nonimmigrant visas ,sec4 #dgja4 ,bureau of ,immigration and ,labor ,market ,research4 ,sec4 #dgjb4 ,nonimmigrant classification for ,w nonimmigrants4 ,sec4 #dgjc4 ,admission of ,w nonimmigrant workers4 ,subtitle ,h--,investing in new venture1 entrepreneurial startups1 and technologies ,sec4 #dhja4 ,nonimmigrant ,,invest visas4 ,sec4 #dhjb4 ,,invest immigrant visa4 ,sec4 #dhjc4 ,administration and oversight4 #b4 ,statement of congressional findings ,congress makes the following findings3 7#a7 ,the passage of this ,act recognizes that the primary tenets of its success depend on securing the sovereignty of the ,united ,states of ,america and establishing a coherent and just system for integrating those who seek to join ,american society4 7#b7 ,we have a right1 and duty1 to maintain and secure our borders1 and to keep our country safe and prosperous4 ,as a nation founded1 built and sustained by immigrants we also have a responsibility to harness the power of that tradition in a balanced way that secures a more prosperous future for ,america4 7#c7 ,we have always welcomed newcomers to the ,united ,states and will continue to do so4 ,but in order to qualify for the honor and privilege of eventual citizenship1 our laws must be followed4 ,the world depends on ,america to be strong -- economically1 militarily and ethically4 ,the establishment of a stable1 just and efficient immigration system only supports those goals4 ,as a nation1 we have the right and responsibility to make our borders safe1 to establish clear and just rules for seeking citizenship1 to control the flow of legal immigration1 and to eliminate illegal immigration1 which in some cases has become a threat to our national security4 7#d7 ,all parts of this ,act are premised on the right and need of the ,united ,states to achieve these goals1 and to protect its borders and maintain its sovereignty4 #c4 ,effective date triggers 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,southern ,border ,security ,commission established pursuant to section #d4 7#b7 ,comprehensive southern border security strategy ,the term ,comprehensive ,southern ,border ,security ,strategy means the strategy established by the ,secretary pursuant to section #e7;a7 to achieve and maintain an effectiveness rate of #ij percent or higher in all high risk border sectors4 7#c7 ,effective control ,the term effective control means the ability to achieve and maintain1 in a ,border ,patrol sector-- 7,a7 persistent surveillance2 and 7,b7 an effectiveness rate of #ij percent or higher4 7#d7 ,effectiveness rate ,the effectiveness rate1 in the case of a border sector1 is the percentage calculated by dividing the number of apprehensions and turn backs in the sector during a fiscal year by the total number of illegal entries in the sector during such fiscal year4 7#e7 ,high risk border sector ,the term high risk border sector means a border sector in which more than #cj1jjj individuals were apprehended during the most recent fiscal year4 7#f7 ,southern border ,the term ,southern border means the international border between the ,united ,states and ,mexico4 7#g7 ,southern border fencing strategy ,the term ,southern ,border ,fencing ,strategy means the strategy established by the ,secretary pursuant to section #e7;b7 that identifies where fencing1 including double-layer fencing1 should be deployed along the ,southern border4 7b7 ,border security goal ,the ,department's border security goal is to achieve and maintain effective control in high risk border sectors along the ,southern border4 7c7 ,triggers 7#a7 ,processing of applications for registered provisional immigrant status ,not earlier than the date upon which the ,secretary has submitted to ,congress the ,notice of ,commencement of implementation of the ,comprehensive ,southern ,border ,security ,strategy and the ,southern ,border ,fencing ,strategy under section #e of this ,act1 the ,secretary may commence processing applications for registered provisional immigrant status pursuant to section #bde;,b of the ,immigration and ,nationality ,act1 as added by section #baja of this ,act4 7#b7 ,adjustment of status of registered provisional immigrants 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary may not adjust the status of aliens who have been granted registered provisional immigrant status1 except for aliens granted agriculture card status under section #bbja of this ,act or described in section #bde;,d7b7 of the ,immigration and ,nationality ,act1 until the ,secretary1 after consultation with the ,comptroller ,general of the ,united ,states1 submits to the ,president and ,congress a written certification that-- 7i7 the ,comprehensive ,southern ,border ,security ,strategy has been submitted to ,congress and is substantially deployed and substantially operational2 7ii7 the ,southern ,border ,fencing ,strategy has been submitted to ,congress1 implemented1 and is substantially completed2 7iii7 the ,secretary has implemented a mandatory employment verification system to be used by all employers to prevent unauthorized workers from obtaining employment in the ,united ,states2 and 7iv7 the ,secretary is using an electronic exit system at air and sea ports of entry that operates by collecting machine-readable visa or passport information from air and vessel carriers4 7,b7 ,exception ,the ,secretary shall permit registered provisional immigrants to apply for an adjustment to lawful permanent resident status if-- 7i7 7,i7 litigation or a force majeure has prevented one or more of the conditions described in clauses 7i7 through 7iv7 of subparagraph 7,a7 from being implemented2 or 7,,ii7 the implementation of subparagraph 7,a7 has been held unconstitutional by the ,supreme ,court of the ,united ,states or the ,supreme ,court has granted certiorari to the litigation on the constitutionality of implementation of subparagraph 7,a72 and 7ii7 #aj years have elapsed since the date of the enactment of this ,act4 7d7 ,waiver of legal requirements necessary for improvement at borders ,notwithstanding any other provision of law1 the ,secretary is authorized to waive all legal requirements that the ,secretary determines to be necessary to ensure expeditious construction of the barriers1 roads1 or other physical tactical infrastructure needed to fulfill the requirements under this section4 ,any determination by the ,secretary under this section shall be effective upon publication in the ,federal ,register4 7e7 ,federal court review 7#a7 ,in general ,the district courts of the ,united ,states shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken1 or any decision made1 by the ,secretary under subsection 7d74 ,a cause of action or claim may only be brought alleging a violation of the ,constitution of the ,united ,states4 ,the court does not have jurisdiction to hear any claim not specified in this paragraph4 7#b7 ,time for filing complaint ,if a cause or claim under paragraph 7#a7 is not filed within #fj days after the date of the contested action or decision by the ,secretary1 the claim shall be barred4 7#c7 ,appellate review ,an interlocutory or final judgment1 decree1 or order of the district court may be reviewed only upon petition for a writ of certiorari to the ,supreme ,court of the ,united ,states4 #d4 ,southern ,border ,security ,commission 7a7 ,establishment ,if ,secretary certifies that the ,department has not achieved effective control in all high risk border sectors during any fiscal year beginning before the date that is #e years after the date of the enactment of this ,act1 not later than #fj days after the date of the certification there shall be established a commission to be known as the ,southern ,border ,security ,commission 7referred to in this section as the ,commission74 7b7 ,composition 7#a7 ,in general ,the ,commission shall be composed of-- 7,a7 #b members who shall be appointed by the ,president2 7,b7 #b members who shall be appointed by the ,president pro tempore of the ,senate1 of which-- 7i7 #a shall be appointed upon the recommendation of the leader in the ,senate of the political party that is not the political party of the ,president2 and 7ii7 #a shall be appointed upon the recommendation of the leader in the ,senate of the other political party2 7,c7 #b members who shall be appointed by the ,speaker of the ,house of ,representatives1 of which-- 7i7 #a shall be appointed upon the recommendation of the leader in the ,house of ,representatives of the political party that is not the political party of the ,president2 and 7ii7 #a shall be appointed upon the recommendation of the leader in the ,house of ,representatives of the other political party2 and 7,d7 #d members1 consisting of #a member from each of the ,states along the ,southern border1 who shall be-- 7i7 the ,governor of such ,state2 or 7ii7 appointed by the ,governor of each such ,state4 7#b7 ,qualification for appointment ,appointed members of the ,commission shall be distinguished individuals noted for their knowledge and experience in the field of border security at the ,federal1 ,state1 or local level4 7#c7 ,time of appointment ,the appointments required by paragraph 7#a7 shall be made not later than #fj days after the ,secretary makes a certification described in subsection 7a74 7#d7 ,chair ,at the first meeting of the ,commission1 a majority of the members of the ,commission present and voting shall elect the ,chair of the ,commission4 7#e7 ,vacancies ,any vacancy of the ,commission shall not affect its powers1 but shall be filled in the manner in which the original appointment was made4 7#f7 ,rules ,the ,commission shall establish the rules and procedures of the ,commission which shall require the approval of at least #f members of the ,commission4 7c7 ,duties ,the ,commission's primary responsibility shall be making recommendations to the ,president1 the ,secretary1 and ,congress on policies to achieve and maintain the border security goal specified in section #c7;b7 by achieving and maintaining-- 7#a7 the capability to engage in1 and to engage in1 persistent surveillance in high risk border sectors along the ,southern border2 and 7#b7 an effectiveness rate of #ij percent or higher in all high risk border sectors along the ,southern border4 7d7 ,report ,not later than #ahj days after the end of the #e-year period described in subsection 7a71 the ,commission shall submit to the ,president1 the ,secretary1 and ,congress a report setting forth specific recommendations for policies for achieving and maintaining the border security goals specified in subsection 7c74 ,the report shall include1 at a minimum1 recommendations for the personnel1 infrastructure1 technology1 and other resources required to achieve and maintain an effectiveness rate of #ij percent or higher in all high risk border sectors4 7e7 ,travel expenses ,members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 7f7 ,administrative support ,the ,secretary shall provide the ,commission such staff and administrative services as may be necessary and appropriate for the ,commission to perform its functions4 ,any employee of the executive branch of ,government may be detailed to the ,commission without reimbursement to the agency of that employee and such detail shall be without interruption or loss of civil service or status or privilege4 7g7 ,comptroller ,general review ,the ,comptroller ,general of the ,united ,states shall review the recommendations in the report submitted under subsection 7d7 in order to determine-- 7#a7 whether any of the recommendations are likely to achieve effective control in all high risk border sectors2 7#b7 which recommendations are most likely to achieve effective control2 and 7#c7 whether such recommendations are feasible within existing budget constraints4 7h7 ,termination ,the ,commission shall terminate #cj days after the date on which the report is submitted under subsection 7d74 #e4 ,comprehensive ,southern ,border ,security ,strategy and ,southern ,border ,fencing ,strategy 7a7 ,comprehensive ,southern ,border ,security ,strategy 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit a strategy1 to be known as the ,comprehensive ,southern ,border ,security ,strategy1 for achieving and maintaining effective control between the ports of entry in all high risk border sectors along the ,southern border1 to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,c7 the ,committee on ,appropriations of the ,senate2 7,d7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,e7 the ,comptroller ,general of the ,united ,states4 7#b7 ,elements ,the ,comprehensive ,southern ,border ,security ,strategy shall specify-- 7,a7 the priorities that must be met for the strategy to be successfully executed2 7,b7 the capabilities that must be obtained to meet each of the priorities referred to in subparagraph 7,a71 including-- 7i7 surveillance and detection capabilities developed or used by the ,department of ,defense to increase situational awareness2 and 7ii7 the requirement for stationing sufficient ,border ,patrol agents and ,customs and ,border ,protection officers at and between ports of entry along the ,southern border2 and 7,c7 the resources1 including personnel1 infrastructure1 and technology that must be procured and successfully deployed to obtain the capabilities referred to in subparagraph 7,b71 including-- 7i7 fixed1 mobile1 and agent portable surveillance systems2 and 7ii7 unarmed1 unmanned aerial systems and unarmed1 fixed-wing aircraft and necessary and qualified staff and equipment to fully utilize such systems4 7#c7 ,additional elements regarding execution ,the ,comprehensive ,southern ,border ,security ,strategy shall describe-- 7,a7 how the resources referred to in paragraph 7#b77;,c7 will be properly aligned with the priorities referred to in paragraph 7#b77;,a7 to ensure that the strategy will be successfully executed2 7,b7 the interim goals that must be accomplished to successfully implement the strategy2 and 7,c7 the schedule and supporting milestones under which the ,department will accomplish the interim goals referred to in subparagraph 7,b74 7#d7 ,implementation 7,a7 ,in general ,the ,secretary shall commence the implementation of the ,comprehensive ,southern ,border ,security ,strategy immediately after submitting the strategy under paragraph 7#a74 7,b7 ,notice of commencement ,upon commencing the implementation of the strategy1 the ,secretary shall submit a notice of commencement of such implementation to-- 7i7 ,congress2 and 7ii7 the ,comptroller ,general of the ,united ,states4 7#e7 ,semiannual reports 7,a7 ,in general ,after the ,comprehensive ,southern ,border ,security ,strategy is submitted under paragraph 7#a71the ,secretary shall submit1 not later than ,may #ae and ,november #ae of each year1 a report on the status of the ,department's implementation of the strategy to-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7ii7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7iii7 the ,committee on ,appropriations of the ,senate2 and 7iv7 the ,committee on ,appropriations of the ,house of ,representatives4 7,b7 ,elements ,each report submitted under subparagraph 7,a7 shall include-- 7i7 a detailed description of the steps the ,department has taken1 or plans to take1 to execute the strategy submitted under paragraph 7#a71 including the progress made toward achieving the interim goals and milestone schedule established pursuant to subparagraphs 7,b7 and 7,c7 of paragraph 7#c72 7ii7 a detailed description of-- 7,i7 any impediments identified in the ,department's efforts to execute the strategy2 7,,ii7 the actions the ,department has taken1 or plans to take1 to address such impediments2 and 7,,iii7 any additional measures developed by the ,department to measure the state of security along the ,southern border2 and 7iii7 for each ,border ,patrol sector along the ,southern border-- 7,i7 the effectiveness rate for each individual ,border ,patrol sector and the aggregated effectiveness rate2 7,,ii7 the number of recidivist apprehensions1 sorted by ,border ,patrol sector2 and 7,,iii7 the recidivism rate for all unique subjects that received a criminal consequence through the ,consequence ,delivery ,system process4 7b7 ,southern ,border ,fencing ,strategy 7#a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish a strategy1 to be known as the ,southern ,border ,fencing ,strategy1 to identify where fencing1 including double-layer fencing1 infrastructure1 and technology should be deployed along the ,southern border4 7#b7 ,submittal ,the ,secretary shall submit the ,southern ,border ,fencing ,strategy to ,congress and the ,comptroller ,general of the ,united ,states for review4 7#c7 ,notice of commencement ,upon commencing the implementation of the ,southern ,border ,fencing ,strategy1 the ,secretary shall submit a notice of commencement of the implementation of the ,strategy to ,congress and the ,comptroller ,general of the ,united ,states4 #f4 ,comprehensive ,immigration ,reform ,trust ,fund 7a7 ,comprehensive ,immigration ,reform ,trust ,fund 7#a7 ,establishment ,there is established in the ,treasury a separate account1 to be known as the ,comprehensive ,immigration ,reform ,trust ,fund 7referred to in this section as the ,trust ,fund71 consisting of-- 7,a7 amounts transferred from the general fund of the ,treasury under paragraph 7#b77;,a72 and 7,b7 proceeds from the fees described in paragraph 7#b77;,b74 7#b7 ,deposits 7,a7 ,initial funding ,on the later of the date of the enactment of this ,act or ,october #a1 #bjac1 #f1ejj1jjj1jjj shall be transferred from the general fund of the ,treasury to the ,trust ,fund4 7,b7 ,start-up costs ,on the later of the date of the enactment of this ,act or ,october #a1 #bjac1 #ajj1jjj1jjj is hereby appropriated from the general fund of the ,treasury1 to remain available until ,september #cj1 #bjae1 to the ,department to pay for one-time and startup costs necessary to implement this ,act1 7,c7 ,ongoing funding ,in addition to the funding described in subparagraph 7,a71 the following amounts shall be deposited in the trust fund3 7i7 ,electronic travel authorization system fees #ge percent of the fees collected under section #bag7;h77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;h77#c774 7ii7 ,j-#a visa mitigation fees ,mitigation fees collected from employers who employ aliens described in section #aja7;a77#ae77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,j77 through the ,summer ,work ,travel ,program4 7iii7 ,h-#a;,b visa fees ,fees collected from employers hiring nonimmigrants described in section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja 7a77#ae77;,h77i77b774 7iv7 ,l-#a visa fees ,fees collected under section #bad7;c77#ab7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#ab7 from employers hiring a nonimmigrant described in section #aja7;a77#ae77,l7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,l774 7v7 ,h-#b;,b visa fees ,fees collected from employers hiring nonimmigrants described in section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja 7a77#ae77;,h77i i77b77 in the amount of #ejj under section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd74 7vi7 ,f-#a visa fees ,fees collected for nonimmigrants admitted under section #aja7;a77#ae77;,f77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77i77 in the amount of #ejj under section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 7vii7 ,visitor visa fees ,amend ,section #bad to add a #e fee for visitor visas #aja7;a77#ae77;,b74 7viii7 ,merit system green card fees ,include the fee charged in the document to get a merit system green card4 7ix7 ,other aliens ,an alien who is allocated a visa under section #baa shall pay a fee of #a1ejj4 7x7 ,penalty ,penalties collected from applicants for provisional immigrant status under section #bde;,b7c77#i77;,c7 of the ,immigration and ,nationality ,act1 as added by section #baja of this ,act4 7xi7 ,h-#a;b nonimmigrant dependent employer fees ,fees collected under section #dbc7;a77#b74 7xii7 ,h-#a;,b outplacement fee ,fees collected under section #bab7n77#a77;,f77ii7 of the ,immigration and ,nationality ,act1 as amended by section #dbja7;d74 7xiii7 ,l nonimmigrant dependent employer fees ,fees collected under section #dce7;a77#b74 7xiv7 ,retiree visa fees ,fees collected under section #aja7;a77#ae77,y7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,y774 7xv7 ,nonimmigrants performing maintenance on common carriers ,fees collected under subsection 7z7 of section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd71 as added by section #dfjd4 7#c7 ,use of funds 7,a7 ,initial funding ,of the amounts transferred to the ,trust ,fund pursuant to paragraph 7#b77;,a7-- 7i7 #c1jjj1jjj1jjj shall be made available to the ,secretary1 during the #e-year period beginning on the date of the enactment of this ,act1 to carry out the ,comprehensive ,southern ,border ,security ,strategy2 7ii7 #b1jjj1jjj1jjj shall be made available to the ,secretary1 during the #aj-year period beginning on the date of the enactment of this ,act1 to carry out programs1 projects1 and activities recommended by the ,commission pursuant to section #d7;c7 to achieve and maintain the border security goal specified in section #c7;b72 and 7iii7 #a1ejj1jjj1jjj shall be made available to the ,secretary1 during the #e-year period beginning on the date of the enactment of this ,act1 to procure and deploy additional fencing in high-risk border sectors in accordance with the ,southern ,border ,fencing ,strategy established pursuant to section #e7;b74 7,b7 ,ongoing funding ,of the amounts deposited into the ,trust ,fund pursuant to paragraph 7#b77;,b7-- 7i7 #ej1jjj1jjj shall be available during each of the fiscal years #bjad through #bjah to carry out the activities described in section #aajd7;a77#a72 and 7ii7 #ej1jjj1jjj shall be available during each of the fiscal years #bjad through #bjah to carry out the activities described in section #aajd7;b74 7b7 ,limitation on collection ,no fee described in paragraph 7#b77;,b7 may be collected under this ,act except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations ,act4 7c7 ,receipts collected as offsetting receipts ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 any fee collected under this ,act-- 7#a7 shall be credited as offsetting collections to the ,trust ,fund2 7#b7 shall be available for expenditure only to pay the costs of activities and services authorized from the ,trust ,fund2 and 7#c7 shall remain available until expended4 7d7 ,determination of budgetary effects 7#a7 ,emergency designation for congressional enforcement ,in the ,senate1 amounts made available under this section are designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4 7#b7 ,emergency designation for statutory ,,paygo ,amounts made available under this section are designated as an emergency requirement under section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7,public ,law #aaa-aci2 #b ,u4,s4,c4 #icc7;g774 #g4 ,reference to the ,immigration and ,nationality ,act ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 #h4 ,definitions ,in this ,act3 7#a7 ,department ,except as otherwise provided1 the term ,department means the ,department of ,homeland ,security4 7#b7 ,secretary ,except as otherwise provided1 the term ,secretary means the ,secretary of ,homeland ,security4 ,i ,border ,security #aaja4 ,definitions ,in this title3 7#a7 ,rural1 high-trafficked areas ,the term rural1 high-trafficked areas means rural areas through which drugs and undocumented aliens are routinely smuggled1 as designated by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#b7 ,southern border ,the term ,southern border means the international border between the ,united ,states and ,mexico4 7#c7 ,southwest border region ,the term ,southwest border region means the area in the ,united ,states that is within #ajj miles of the ,southern border4 #aajb4 ,additional ,u4,s4 ,customs and ,border ,protection officers 7a7 ,in general ,not later than ,september #cj1 #bjag1 the ,secretary shall increase the number of trained ,u4,s4 ,customs and ,border ,protection officers by #c1ejj1 compared to the number of such officers as of the date of the enactment of this ,act4 ,the ,secretary shall make progress in increasing such number of officers during each of the fiscal years #bjad through #bjag4 7b7 ,construction ,nothing in subsection 7a7 may be interpreted to preclude the ,secretary from reassigning or stationing ,u4,s4 ,customs and ,border protection officers and agents from the ,northern border to the ,southern border4 7c7 ,funding ,there are authorized to be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section4 #aajc4 ,national ,guard support to secure the ,southern border 7a7 ,in general ,with the approval of the ,secretary of ,defense1 the ,governor of a ,state may order any units or personnel of the ,national ,guard of such ,state to perform operations and missions under section #ejb7;f7 of title #cb1 ,united ,states ,code1 in the ,southwest ,border region for the purposes of assisting ,u4,s4 ,customs and ,border ,protection in securing the ,southern border4 7b7 ,assignment of operations and missions 7#a7 ,in general ,national ,guard units and personnel deployed under subsection 7a7 may be assigned such operations and missions specified in subsection 7c7 as may be necessary to secure the ,southern border4 7#b7 ,nature of duty ,the duty of ,national ,guard personnel performing operations and missions described in paragraph 7#a7 shall be full-time duty under title #cb1 ,united ,states ,code4 7c7 ,range of operations and missions ,the operations and missions assigned under subsection 7b7 shall include the temporary authority-- 7#a7 to construct fencing1 including double-layer and triple-layer fencing2 7#b7 to increase ground-based mobile surveillance systems2 7#c7 to deploy additional unmanned aerial systems and manned aircraft sufficient to maintain continuous surveillance of the ,southern ,border2 7#d7 to deploy and provide capability for radio communications interoperability between ,u4,s4 ,customs and ,border ,protection and ,state1 local1 and tribal law enforcement agencies2 7#e7 to construct checkpoints along the ,southern border to bridge the gap to long-term permanent checkpoints2 and 7#f7 to provide assistance to ,u4,s4 ,customs and ,border ,protection1 particularly in rural1 high-trafficked areas1 as designated by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7d7 ,materiel and logistical support ,the ,secretary of ,defense shall deploy such materiel and equipment and logistical support as may be necessary to ensure success of the operations and missions conducted by the ,national ,guard under this section4 7e7 ,exclusion from ,national ,guard personnel strength limitations ,national ,guard personnel deployed under subsection 7a7 shall not be included in-- 7#a7 the calculation to determine compliance with limits on end strength for ,national ,guard personnel2 or 7#b7 limits on the number of ,national ,guard personnel that may be placed on active duty for operational support under section #aae of title #aj1 ,united ,states ,code4 #aajd4 ,enhancement of existing border security operations 7a7 ,border crossing prosecutions 7#a7 ,in general ,the ,secretary1 acting through the ,commissioner1 ,u4,s4 ,customs and ,border ,protection1 shall-- 7,a7 increase the number of border crossing prosecutions in the ,tucson ,sector of the ,southwest ,border region to up to #baj prosecutions per day by increasing the funding available for-- 7i7 attorneys and administrative support staff in the ,tucson ,united ,states ,attorney ,office2 7ii7 support staff and interpreters in the ,tucson ,court ,clerks ,office2 7iii7 pre-trial services2 7iv7 activities of the ,tucson ,federal ,public ,defenders ,office2 and 7v7 additional marshals in the ,tucson ,united ,states ,marshals ,office to perform intake1 coordination1 transportation1 and court security2 and 7,b7 reimburse ,state1 local1 and tribal law enforcement agencies for any detention costs related to the border crossing prosecutions carried out pursuant to subparagraph 7,a74 7#b7 ,additional magistrate judges to assist with increased caseload ,the chief judge of the ,united ,states ,district ,court for the ,district of ,arizona is authorized to appoint additional full-time magistrate judges1 who1 consistent with the ,constitution and laws of the ,united ,states1 shall have the authority to hear cases and controversies in the judicial district in which the respective judges are appointed4 7#c7 ,funding ,there are authorized to be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this subsection4 7b7 ,operation ,stonegarden 7#a7 ,in general ,the ,federal ,emergency ,management ,agency shall enhance law enforcement preparedness and operational readiness along the borders of the ,united ,states through ,operation ,stonegarden4 ,the amounts available under this paragraph are in addition to any other amounts otherwise made available for ,operation ,stonegarden4 ,not less than #ij percent of the amounts made available under section #e7;a77#c77;,b77ii7 shall be allocated for grants and reimbursements to law enforcement agencies in the ,states in the ,southwest ,border region for personnel1 overtime1 travel1 and other costs related to illegal immigration and drug smuggling in the ,southwest ,border region4 7#b7 ,funding ,there are authorized to be appropriated1 from the amounts made available under section #f7;a77#c77;,a77i71 such sums as may be necessary to carry out this subsection4 7c7 ,infrastructure improvements 7#a7 ,border patrol stations ,the ,secretary shall-- 7,a7 construct additional ,border ,patrol stations in the ,southwest ,border region that ,u4,s4 ,border ,patrol determines are needed to provide full operational support in rural1 high-trafficked areas2 and 7,b7 analyze the feasibility of creating additional ,border ,patrol sectors along the ,southern border to interrupt drug trafficking operations4 7#b7 ,forward operating bases ,the ,secretary shall enhance the security of the ,southwest ,border region by-- 7,a7 establishing additional permanent forward operating bases for the ,border ,patrol1 as needed2 7,b7 upgrading the existing forward operating bases to include modular buildings1 electricity1 and potable water2 and 7,c7 ensuring that forward operating bases surveil and interdict individuals entering the ,united ,states unlawfully immediately after such individuals cross the ,southern border4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated for each of fiscal years #bjad through #bjah such sums as may be necessary to carry out this subsection4 #aaje4 ,border security on certain ,federal land 7a7 ,definitions ,in this section3 7#a7 ,federal lands ,the term ,federal lands includes all land under the control of the ,secretary concerned that is located within the ,southwest border region in the ,state of ,arizona along the international border between the ,united ,states and ,mexico4 7#b7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 with respect to land under the jurisdiction of the ,secretary of ,agriculture1 the ,secretary of ,agriculture2 and 7,b7 with respect to land under the jurisdiction of the ,secretary of the ,interior1 the ,secretary of the ,interior4 7b7 ,support for border security needs ,to achieve effective control of ,federal lands-- 7#a7 the ,secretary concerned1 notwithstanding any other provision of law1 shall authorize and provide ,u4,s4 ,customs and ,border ,protection personnel with immediate access to ,federal lands for security activities1 including-- 7,a7 routine motorized patrols2 and 7,b7 the deployment of communications1 surveillance1 and detection equipment2 7#b7 the security activities described in paragraph 7#a7 shall be conducted1 to the maximum extent practicable1 in a manner that the ,secretary determines will best protect the natural and cultural resources on ,federal lands2 and 7#c7 the ,secretary concerned may provide education and training to ,u4,s4 ,customs and ,border ,protection on the natural and cultural resources present on individual ,federal land units4 7c7 ,programmatic environmental impact statement 7#a7 ,in general ,after implementing subsection 7b71 the ,secretary1 in consultation with the ,secretaries concerned1 shall prepare and publish in the ,federal ,register a notice of intent to prepare a programmatic environmental impact statement in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to analyze the impacts of the activities described in subsection 7b74 7#b7 ,effect on processing application and special use permits ,the pending completion of a programmatic environmental impact statement under this section shall not result in any delay in the processing or approving of applications or special use permits by the ,secretaries concerned for the activities described in subsection 7b74 7#c7 ,amendment of land use plans ,the ,secretaries concerned shall amend any land use plans1 as appropriate1 upon completion of the programmatic environmental impact statement described in subsection 7b74 7#d7 ,scope of programmatic environmental impact statement ,the programmatic environmental impact statement described in paragraph 7#a7-- 7,a7 may be used to advise the ,secretary on the impact on natural and cultural resources on ,federal lands2 and 7,b7 shall not control1 delay1 or restrict actions by the ,secretary to achieve effective control on ,federal lands4 7d7 ,intermingled ,state and private land ,this section shall not apply to any private or ,state-owned land within the boundaries of ,federal lands4 #aajf4 ,equipment and technology 7a7 ,enhancements ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 working through ,u4,s4 ,border ,patrol1 shall-- 7#a7 deploy additional mobile1 video1 and agent-portable surveillance systems1 and unmanned aerial vehicles in the ,southwest ,border region as necessary to provide #bd-;hour operation and surveillance2 7#b7 operate unarmed unmanned aerial vehicles along the ,southern border for #bd hours per day and for #g days per week2 7#c7 deploy unarmed additional fixed-wing aircraft and helicopters along the ,southern border2 7#d7 acquire new rotocraft and make upgrades to the existing helicopter fleet2 and 7#e7 increase horse patrols in the ,southwest ,border region4 7b7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated1 there is authorized to be appropriated to ,u4,s4 ,customs and ,border ,protection such sums as may be necessary to carry out subsection 7a7 during fiscal years #bjad through #bjah4 #aajg4 ,access to emergency personnel 7a7 ,southwest border region emergency communications grants 7#a7 ,in general ,the ,secretary1 in consultation with the governors of the ,states in the ,southwest ,border region1 shall establish a #b-year grant program1 to be administered by the ,secretary1 to improve emergency communications in the ,southwest ,border region4 7#b7 ,eligibility for grants ,an individual is eligible to receive a grant under this subsection if the individual demonstrates that he or she-- 7,a7 regularly resides or works in the ,southwest ,border region2 7,b7 is at greater risk of border violence due to the lack of cellular service at his or her residence or business and his or her proximity to the ,southern border4 7#c7 ,use of grants ,grants awarded under this subsection may be used to purchase satellite telephone communications systems and service that-- 7,a7 can provide access to #i-a-a service2 and 7,b7 are equipped with global positioning systems4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out the grant program established under this subsection4 7b7 ,interoperable communications for law enforcement 7#a7 ,federal law enforcement ,there are authorized to be appropriated1 to the ,department1 the ,department of ,justice1 and the ,department of the ,interior1 during the #e-year period beginning on the date of the enactment of this ,act1 such sums as may be necessary-- 7,a7 to purchase1 through a competitive procurement process1 ,p#be-;compliant radios1 which may include a multi-band option1 for ,federal law enforcement agents working in the ,southwest ,border region in support of the activities of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement1 including law enforcement agents of the ,drug ,enforcement ,administration1 the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives1 the ,department of the ,interior1 and the ,forest ,service2 and 7,b7 to upgrade1 through a competitive procurement process1 the communications network of the ,department of ,justice to ensure coverage and capacity1 particularly when immediate access is needed in times of crisis1 in the ,southwest ,border region for appropriate law enforcement personnel of the ,department of ,justice 7including the ,drug ,enforcement ,administration and the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives71 the ,department 7including ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection71 the ,united ,states ,marshals ,service1 other ,federal agencies1 the ,state of ,arizona1 tribes1 and local governments4 7#b7 ,state and local law enforcement 7,a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,department of ,justice1 during the #e-year period beginning on the date of the enactment of this ,act1 such sums as may be necessary to purchase1 through a competitive procurement process1 ,p#be-;compliant radios1 which may include a multi-band option1 for ,state and local law enforcement agents working in the ,southwest ,border region4 7,b7 ,access to ,federal spectrum ,if a ,state1 tribal1 or local law enforcement agency in the ,southwest ,border region experiences an emergency situation that necessitates immediate communication with the ,department of ,justice1 the ,department1 the ,department of the ,interior1 or any of their respective subagencies1 such law enforcement agency shall have access to the spectrum assigned to such ,federal agency for the duration of such emergency situation4 #aajh4 ,southwest ,border region prosecution initiative 7a7 ,reimbursement to ,state and local prosecutors for federally initiated criminal cases ,the ,attorney ,general shall reimburse ,state1 county1 tribal1 and municipal governments for costs associated with the prosecution and pre-trial detention of ,federally initiated criminal cases declined by local offices of the ,united ,states ,attorneys4 7b7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out subsection 7a7 during fiscal years #bjad through #bjah 4 #aaji4 ,interagency collaboration ,the ,assistant ,secretary of ,defense for ,research and ,engineering shall collaborate with the ,under ,secretary of ,homeland ,security for ,science and ,technology to identify equipment and technology used by the ,department of ,defense that could be used by ,u4,s4 ,customs and ,border ,protection to improve the security of the ,southern border by-- 7#a7 detecting border tunnels2 7#b7 detecting the use of ultralight aircraft2 7#c7 enhancing wide aerial surveillance2 and 7#d7 otherwise improving the enforcement of such border4 #aaaj4 ,,scaap reauthorization ,section #bda7;i77#e77;,c7 7#h ,u4,s4,c4 #abca7;i77#e77 is amended by striking #bjaa and inserting #bjae4 #aaaa4 ,use of force ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice1 shall issue policies governing the use of force by all ,department personnel that-- 7#a7 require all ,department personnel to report each use of force2 and 7#b7 establish procedures for-- 7,a7 accepting and investigating complaints regarding the use of force by ,department personnel2 7,b7 disciplining ,department personnel who violate any law or ,department policy relating to the use of force2 and 7,c7 reviewing all uses of force by ,department personnel to determine whether the use of force-- 7i7 complied with ,department policy2 or 7ii7 demonstrates the need for changes in policy1 training1 or equipment4 #aaab4 ,training for border security and immigration enforcement officers 7a7 ,in general ,the ,secretary shall ensure that ,u4,s4 ,customs and ,border ,protection officers1 ,u4,s4 ,border ,patrol officers1 ,u4,s4 ,immigration and ,customs ,enforcement agents1 and agriculture specialists stationed within #ajj miles of any land or marine border of the ,united ,states or at any ,united ,states port of entry receive appropriate training1 which shall be prepared in collaboration with the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice1 in-- 7#a7 identifying and detecting fraudulent travel documents2 7#b7 civil1 constitutional1 human1 and privacy rights of individuals2 7#c7 the scope of enforcement authorities1 including interrogations1 stops1 searches1 seizures1 arrests1 and detentions2 7#d7 the use of force policies issued by the ,secretary pursuant to section #aaaa2 7#e7 immigration laws1 including screening1 identifying1 and addressing vulnerable populations1 such as children1 victims of crime and human trafficking1 and individuals fleeing persecution or torture2 7#f7 social and cultural sensitivity toward border communities2 7#g7 the impact of border operations on communities2 and 7#h7 any particular environmental concerns in a particular area4 7b7 ,training for border community liaison officers ,the ,secretary shall ensure that border communities liaison officers in ,border ,patrol sectors along the international borders between the ,united ,states and ,mexico and between the ,united ,states and ,canada receive training to better-- 7#a7 act as a liaison between border communities and the ,office for ,civil ,rights and ,civil ,liberties of the ,department and the ,civil ,rights ,division of the ,department of ,justice2 7#b7 foster and institutionalize consultation with border communities2 7#c7 consult with border communities on ,department programs1 policies1 strategies1 and directives2 and 7#d7 receive ,department performance assessments from border communities4 #aaac4 ,department of ,homeland ,security ,border ,oversight ,task ,force 7a7 ,establishment 7#a7 ,in general ,there is established an independent task force1 which shall be known as the ,department of ,homeland ,security ,border ,oversight ,task ,force 7referred to in this section as the ,,dhs ,task ,force74 7#b7 ,duties ,the ,,dhs ,task ,force shall-- 7,a7 review and make recommendations regarding immigration and border enforcement policies1 strategies1 and programs that take into consideration their impact on border communities2 7,b7 recommend ways in which the ,border ,communities ,liaison ,offices can strengthen relations and collaboration between communities in the border regions and the ,department1 the ,department of ,justice1 and other ,federal agencies that carry out such policies1 strategies1 and programs2 7,c7 evaluate how the policies1 strategies1 and programs of ,federal agencies operating along the international borders between the ,united ,states and ,mexico and between the ,united ,states and ,canada protect the due process1 civil1 and human rights of border residents1 visitors1 and migrants at and near such borders2 and 7,d7 evaluate and make recommendations regarding the training of border enforcement personnel described in section #aaab4 7#c7 ,membership 7,a7 ,in general ,the ,,dhs ,task ,force shall be composed of #bf members1 appointed by the ,president1 who have expertise in migration1 local crime indices1 civil and human rights1 community relations1 cross-border trade and commerce1 quality of life indicators1 or other pertinent experience1 of whom-- 7i7 #aa members shall be from the ,northern border region and shall include-- 7,i7 #b local government elected officials2 7,,ii7 #b local law enforcement official2 7,,iii7 #b civil rights advocates2 7,,iv7 #a business representative2 7,v7 #a higher education representative2 7,,vi7 #a representative of a faith community2 and 7,,vii7 #b representatives of ,u4,s4 ,border ,patrol2 and 7ii7 #ae members shall be from the ,southern border region and include-- 7,i7 #c local government elected officials2 7,,ii7 #c local law enforcement officials2 7,,iii7 #c civil rights advocates2 7,,iv7 #b business representatives2 7,v7 #a higher education representative2 7,,vi7 #a representative of a faith community2 and 7,,vii7 #b representatives of ,u4,s4 ,border ,patrol4 7,b7 ,nongovernmental appointees ,individuals appointed as members of the ,,dhs ,task ,force may not be employed by the ,federal ,government4 7,c7 ,term of service ,members of the ,task ,force shall be appointed for the shorter of-- 7i7 #c years2 or 7ii7 the life of the ,,dhs ,task ,force4 7,d7 ,chair1 vice chair ,the members of the ,,dhs ,task ,force shall elect a ,chair and a ,vice ,chair from among its members1 who shall serve in such capacities for the life of the ,,dhs ,task ,force or until removed by the majority vote of at least #ad members4 7b7 ,operations 7#a7 ,hearings ,the ,,dhs ,task ,force may1 for the purpose of carrying out its duties1 hold hearings1 sit and act1 take testimony1 receive evidence1 and administer oaths4 7#b7 ,recommendations ,the ,,dhs ,task ,force may make findings or recommendations to the ,secretary related to the duties described in subsection 7a77#b74 7#c7 ,response ,not later than #ahj days after receiving the findings and recommendations from the ,,dhs ,task ,force under paragraph 7#b71 the ,secretary shall issue a response that describes how the ,department has addressed1 or will address1 such findings and recommendations4 7#d7 ,information from federal agencies ,the ,chair1 or #af members of the ,,dhs ,task ,force1 may request statistics relating to the duties described in subsection 7a77#b7 directly from any ,federal agency1 which shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,,dhs ,task ,force4 7#e7 ,compensation ,members of the ,,dhs ,task ,force shall serve without pay1 but shall be reimbursed for reasonable travel and subsistence expenses incurred in the performance of their duties4 7c7 ,report ,not later than #b years after its first meeting1 the ,,dhs ,task ,force shall submit a final report to the ,president1 ,congress1 and the ,secretary that contains-- 7#a7 findings with respect to the duties of the ,,dhs ,task ,force2 and 7#b7 recommendations regarding border and immigration enforcement policies1 strategies1 and programs1 including-- 7,a7 a recommendation as to whether the ,,dhs ,task ,force should continue to operate2 and 7,b7 a description of any duties the ,,dhs ,task ,force should be responsible for after the termination date described in subsection 7e74 7d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years #bjad through #bjag4 7e7 ,sunset ,the ,,dhs ,task ,force shall terminate operations #fj days after the date on which the ,,dhs ,task ,force submits the report described in subsection 7c74 #aaad4 ,immigration ombudsman 7a7 ,in general ,section #deb of the ,homeland ,security ,act 7#f ,u4,s4,c4 #bgb7 is amended-- 7#a7 by amending the section heading to read as follows3 #deb4 ,department of ,homeland ,security ,immigration ,ombudsman 2 7#b7 in subsection 7a71 by striking ,citizenship and ,immigration ,services ,ombudsman and inserting ,,dhs ,immigration ,ombudsman2 7#c7 in subsection 7c77#b71 by striking ,director of the ,bureau of ,citizenship and ,immigration ,services and inserting ,director1 ,u4,s4 ,citizenship and ,immigration ,services1 the ,assistant ,secretary1 ,u4,s4 ,immigration and ,customs ,enforcement1 the ,commissioner1 ,u4,s4 ,customs and ,border ,protection2 7#d7 in subsections 7d77#d7 and 7f71 by striking ,director of the ,bureau of ,citizenship and ,immigration ,services each place such term appears and inserting ,director1 ,u4,s4 ,citizenship and ,immigration ,services1 the ,assistant ,secretary1 ,u4,s4 ,immigration and ,customs ,enforcement1 and the ,commissioner1 ,u4,s4 ,customs and ,border ,protection2 7#e7 in subsection 7f71 by striking director each place such term appears and inserting official2 and 7#f7 by striking the ,bureau of ,citizenship and ,immigration ,services each place it appears and inserting ,u4,s4 ,citizenship and ,immigration ,services1 ,u4,s4 ,immigration and ,customs ,enforcement1 or ,u4,s4 ,customs and ,border ,protection4 7b7 ,clerical amendment ,the table of contents in section #a of the ,homeland ,security ,act 7#f ,u4,s4,c4 #aja et seq47 is amended by striking the item relating to section #deb and inserting the following3 ,sec4 #deb4 ,department of ,homeland ,security ,immigration ,ombudsman4 4 #aaae4 ,reports 7a7 ,report on certain border matters ,the ,secretary shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that sets forth-- 7#a7 the effectiveness rate 7as defined in section #b7;a77#d77 for each ,border ,patrol sector along the ,northern border and the ,southern border2 7#b7 the number of miles along the ,southern border that is under persistent surveillance2 7#c7 the monthly wait times per passenger1 including data on averages and peaks1 for crossing the ,southern border1 and the staffing of such border crossings2 and 7#d7 the allocations at each port of entry along the ,southern border4 7b7 ,report on interagency collaboration ,the ,under ,secretary of ,defense for ,acquisition1 ,technology1 and ,logistics and the ,under ,secretary of ,homeland ,security for ,science and ,technology shall jointly submit a report on the results of the interagency collaboration under section #aaji to-- 7#a7 the ,committee on ,armed ,services of the ,senate2 7#b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#c7 the ,committee on ,armed ,services of the ,house of ,representatives2 and 7#d7 the ,committee on ,homeland ,security of the ,house of ,representatives4 #aaaf4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or any application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of the provisions of this ,act and the amendments made by this ,act and the application of the provision or amendment to any other person or circumstance shall not be affected4 ,,ii ,immigrant visas ,a ,registration and adjustment of registered provisional immigrants #baja4 ,registered provisional immigrant status 7a7 ,authorization ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,a the following3 #bde;,b4 ,adjustment of status of eligible entrants before ,december #ca1 #bjaa1 to that of registered provisional immigrant 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security 7referred to in this section as the ,secretary71 after conducting the national security and law enforcement clearances required under subsection 7c77#h71 may grant registered provisional immigrant status to an alien who-- 7#a7 meets the eligibility requirements set forth in subsection 7b72 7#b7 submits a completed application before the end of the period set forth in subsection 7c77#c72 and 7#c7 has paid the fee required under subsection 7c77#aj77;,a7 and the penalty required under subsection 7c77#aj77;,c71 if applicable4 7b7 ,eligibility requirements 7#a7 ,in general ,an alien is not eligible for registered provisional immigrant status unless the alien establishes1 by a preponderance of the evidence1 that the alien meets the requirements set forth in this subsection4 7#b7 ,physical presence 7,a7 ,in general ,the alien-- 7i7 shall be physically present in the ,united ,states on the date on which the alien submits an application for registered provisional immigrant status2 7ii7 shall have been physically present in the ,united ,states on or before ,december #ca1 #bjaa2 and 7iii7 shall have maintained continuous physical presence in the ,united ,states from ,december #ca1 #bjaa1 until the date on which the alien is granted status as a registered provisional immigrant under this section4 7,b7 ,break in physical presence 7i7 ,in general ,except as provided in clause 7ii71 an alien who is absent from the ,united ,states without authorization after the date of the enactment of this section does not meet the continuous physical presence requirement set forth in subparagraph 7,a77iii74 7ii7 ,exception ,an alien who departed from the ,united ,states after ,december #ca1 #bjaa will not be considered to have failed to maintain continuous presence in the ,united ,states if the alien's absences from the ,united ,states are brief1 casual1 and innocent whether or not such absences were authorized by the ,secretary4 7#c7 ,grounds for ineligibility 7,a7 ,in general ,except as provided in subparagraph 7,b71 an alien is ineligible for registered provisional immigrant status if the ,secretary determines that the alien-- 7i7 has a conviction for-- 7,i7 an offense classified as a felony in the convicting jurisdiction 7other than a ,state or local offense for which an essential element was the alien's immigration status or a violation of this ,act72 7,,ii7 an aggravated felony 7as defined in section #aja7;a77#dc7 at the time of the conviction72 7,,iii7 #c or more misdemeanor offenses 7other than minor traffic offenses or ,state or local offenses for which an essential element was the alien's immigration status or a violation of this ,act7 if the alien was convicted on different dates for each of the #c offenses2 7,,iv7 any offense under foreign law1 except for a purely political offense1 which1 if the offense had been committed in the ,united ,states1 would render the alien inadmissible under section #bab7;a7 7excluding the paragraphs set forth in clause 7ii77 or removable under section #bcg7;a71 except as provided in paragraph 7#c7 of section #bcg7;a72 7,v7 unlawful voting 7as defined in section #bcg7;a77#f772 7ii7 is admissible under section #bab7;a71 except that in determining an alien's admissibility-- 7,i7 paragraphs 7#d71 7#e71 7#g71 and 7#i77;,b7 of section #bab7;a7 shall not apply2 7,,ii7 subparagraphs 7,a71 7,c71 7,d71 7,f71 and 7,g7 of section #bab7;a77#f7 and paragraphs 7#i77;,c7 and 7#aj77;,b7 of section #bab7;a7 shall not apply unless based on the act of unlawfully entering the ,united ,states after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 and 7,,iii7 paragraphs 7#f77;,b7 and 7#i77;,a7 of section #bab7;a7 shall not apply unless the relevant conduct began on or after the date on which the alien files an application for registered provisional immigrant status under this section2 7iii7 the ,secretary knows or has reasonable grounds to believe1 is engaged in or is likely to engage after entry in any terrorist activity 7as defined in section #bab7;a77#c77;,b77iv772 or 7iv7 was1 on the date on which this ,act was introduced in the ,senate-- 7,i7 an alien lawfully admitted for permanent residence2 7,,ii7 an alien admitted as a refugee under section #bjg or granted asylum under section #bjh2 or 7,,iii7 an alien who1 according to the records of the ,secretary or the ,secretary of ,state1 is lawfully present in the ,united ,states in any nonimmigrant status 7other than an alien considered to be a nonimmigrant solely due to the application of section #bdd7;f77#d7 or the amendment made by section #gjb of the ,consolidated ,natural ,resources ,act of #bjjh 7,public ,law #aaj-bbi771 notwithstanding any unauthorized employment or other violation of nonimmigrant status4 7,b7 ,waiver 7i7 ,in general ,the ,secretary may waive the application of subparagraph 7,a77i77,,iii7 or any provision of section #bab7;a7 that is not listed in clause 7ii7 on behalf of an alien for humanitarian purposes1 to ensure family unity1 or if such a waiver is otherwise in the public interest4 ,any discretionary authority to waive grounds of inadmissibility under section #bab7;a7 conferred under any other provision of this ,act shall apply equally to aliens seeking registered provisional status under this section4 7ii7 ,exceptions ,the discretionary authority under clause 7i7 may not be used to waive-- 7,i7 subparagraph 7,b71 7,c71 7,d77ii71 7,e71 7,g71 7,h71 or 7,i7 of section #bab7;a77#b72 7,,ii7 section #bab7;a77#c72 7,,iii7 subparagraph 7,a71 7,c71 7,d71 or 7,e7 of section #bab7;a77#aj72 or 7,,iv7 with respect to misrepresentations relating to the application for registered provisional immigrant status1 section #bab7;a77#f77;,c77i74 7,c7 ,conviction explained ,for purposes of this paragraph1 the term conviction does not include a judgment that has been expunged1 set aside1 or the equivalent4 7,d7 ,rule of construction ,nothing in this paragraph may be construed to require the ,secretary to commence removal proceedings against an alien4 7#d7 ,applicability of other provisions ,sections #bjh7;d77#f7 and #bdj;,b7d7 shall not apply to any alien filing an application for registered provisional immigrant status under this section4 7#e7 ,dependent spouse and children 7,a7 ,in general ,notwithstanding any other provision of law1 the ,secretary shall classify the spouse or child of a registered provisional immigrant as a registered provisional immigrant dependent if the spouse or child-- 7i7 is physically present in the ,united ,states-- 7,i7 on the date on which the registered provisional immigrant is granted such status2 and 7,,ii7 on or before ,december #cj1 #bjab2 7ii7 meets all of the eligibility requirements set forth in this subsection1 other than the requirements of clause 7ii7 or 7iii7 of paragraph 7#b74 7,b7 ,effect of termination of legal relationship ,if the spousal or parental relationship between an alien who is granted registered provisional immigrant status under this section and the alien's child is terminated1 the spouse or child may apply for classification as a registered provisional immigrant dependent if the termination of the relationship with such parent was due to death1 divorce1 or otherwise connected to domestic violence1 notwithstanding subsection 7c77#c74 7,c7 ,effect of disqualification of parent ,if the application of a spouse or parent for registered provisional immigrant status is terminated or revoked1 the husband1 wife1 or child of that spouse or parent shall be eligible to apply for registered provisional immigrant status independent of the parent notwithstanding subsection 7c77#c74 7c7 ,application procedures 7#a7 ,in general ,an alien1 or the dependent spouse or child of such alien1 who meets the eligibility requirements set forth in subsection 7b7 may apply for status as a registered provisional immigrant or a registered provisional immigrant dependent1 as applicable1 by submitting a completed application form to the ,secretary during the application period set forth in paragraph 7#c71 in accordance with the final rule promulgated by the ,secretary under the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 ,an applicant for registered provisional immigrant status shall be treated as an applicant for admission4 7#b7 ,payment of taxes 7,a7 ,in general ,an alien may not file an application for registered provisional immigrant status under paragraph 7#a7 unless the applicant has satisfied any applicable ,federal tax liability4 7,b7 ,definition of applicable federal tax liability ,in this paragraph1 the term applicable ,federal tax liability means all ,federal income taxes assessed in accordance with section #fbjc of the ,internal ,revenue ,code of #aihf4 7,c7 ,demonstration of compliance ,an applicant may demonstrate compliance with this paragraph by submitting appropriate documentation1 in accordance with regulations promulgated by the ,secretary1 in consultation with the ,secretary of the ,treasury4 7#c7 ,application period 7,a7 ,initial period ,except as provided in subparagraph 7,b71 the ,secretary may only accept applications for registered provisional immigrant status from aliens in the ,united ,states during the #a-year period beginning on the date on which the final rule is published in the ,federal ,register pursuant to paragraph 7#a74 7,b7 ,extension ,if the ,secretary determines1 during the initial period described in subparagraph 7,a71 that additional time is required to process applications for registered provisional immigrant status or for other good cause1 the ,secretary may extend the period for accepting applications for such status for an additional #ah months4 7#d7 ,application form 7,a7 ,required information ,the application form referred to in paragraph 7#a7 shall collect such information as the ,secretary determines necessary and appropriate4 7,b7 ,family application ,the ,secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien1 his or her spouse1 and his or her children1 who are residing in the ,united ,states4 7,c7 ,interview ,the ,secretary may interview applicants for registered provisional immigrant status under this section to determine whether they meet the eligibility requirements set forth in subsection 7b74 7#e7 ,aliens apprehended before or during the application period ,if an alien who is apprehended during the period beginning on the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act and the end of the application period described in paragraph 7#c7 appears prima facie eligible for registered provisional immigrant status1 to the satisfaction of the ,secretary1 the ,secretary-- 7,a7 shall provide the alien with a reasonable opportunity to file an application under this section during such application period2 and 7,b7 may not remove the individual until a final administrative determination is made on the application4 7#f7 ,eligibility after departure 7,a7 ,in general ,an alien who departed from the ,united ,states while subject to an order of exclusion1 deportation1 or removal1 or pursuant to an order of voluntary departure and who is outside of the ,united ,states1 or who has reentered the ,united ,states illegally after ,december #ca1 #bjaa without receiving the ,secretary's consent to reapply for admission under section #bab7;a77#i71 shall not be eligible to file an application for registered provisional immigrant status4 7,b7 ,waiver ,the ,secretary1 in the ,secretary's sole and unreviewable discretion1 may waive the application of subparagraph 7,a7 on behalf of an alien if the alien-- 7i7 is the spouse or child of a ,united ,states citizen or lawful permanent resident2 7ii7 is the parent of a child who is a ,united ,states citizen or lawful permanent resident2 7iii7 meets the requirements set forth in clause 7ii7 and 7iii7 of section #bde;,d7b77#a77;,a72 or 7iv7 meets the requirements set forth in section #bde;,d7b77#a77;,a77ii71 is #af years or older on the date on which the alien applies for registered provisional immigrant status1 and was physically present in the ,united ,states for an aggregate period of not less than #c years during the #f-year period immediately preceding the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7,c7 ,eligibility ,notwithstanding subsection 7b77#b71 section #bda7;a77#e71 or a prior order of exclusion1 deportation1 or removal1 an alien described in subparagraph 7,b7 who is otherwise eligible for registered provisional immigrant status may file an application for such status4 7#g7 ,suspension of removal during application period 7,a7 ,protection from detention or removal ,a registered provisional immigrant may not be detained by the ,secretary or removed from the ,united ,states1 unless-- 7i7 the ,secretary determines that-- 7,i7 such alien is1 or has become1 ineligible for registered provisional immigrant status under subsection 7b77#c72 or 7,,ii7 the alien's registered provisional immigrant status has been revoked under subsection 7d77#b74 7,b7 ,aliens in removal proceedings ,notwithstanding any other provision of this ,act-- 7i7 if the ,secretary determines that an alien1 during the period beginning on the date of the enactment of this section and ending on the last day of the application period described in paragraph 7#c71 is in removal1 deportation1 or exclusion proceedings before the ,executive ,office for ,immigration ,review and is prima facie eligible for registered provisional immigrant status under this section-- 7,i7 the ,secretary shall provide the alien with the opportunity to file an application for such status2 and 7,,ii7 upon motion by the ,secretary and with the consent of the alien or upon motion by the alien1 the ,executive ,office for ,immigration ,review shall-- 7aa7 terminate such proceedings without prejudice to future proceedings on any basis2 and 7bb7 provide the alien a reasonable opportunity to apply for such status2 and 7ii7 if the ,executive ,office for ,immigration ,review determines that an alien1 during the application period described in paragraph 7#c71 is in removal1 deportation1 or exclusion proceedings before the ,executive ,office for ,immigration ,review and is prima facie eligible for registered provisional immigrant status under this section-- 7,i7 the ,executive ,office of ,immigration ,review shall notify the ,secretary of such determination2 and 7,,ii7 if the ,secretary does not dispute the determination of prima facie eligibility within #g days after such notification1 the ,executive ,office for ,immigration ,review1 upon consent of the alien1 shall-- 7aa7 terminate such proceedings without prejudice to future proceedings on any basis2 and 7bb7 permit the alien a reasonable opportunity to apply for such status4 7,c7 ,treatment of certain aliens 7i7 ,in general ,if an alien who meets the eligibility requirements set forth in subsection 7b7 is present in the ,united ,states and has been ordered excluded1 deported1 or removed1 or ordered to depart voluntarily from the ,united ,states under any provision of this ,act-- 7,i7 notwithstanding such order or section #bda7;a77#e71 the alien may apply for registered provisional immigrant status under this section2 and 7,,ii7 if the alien is granted such status1 the alien shall file a motion to reopen the exclusion1 deportation1 removal1 or voluntary departure order1 which motion shall be granted unless #a or more of the grounds of ineligibility is established by clear and convincing evidence4 7ii7 ,limitations on motions to reopen ,the limitations on motions to reopen set forth in section #bdj7;c77#g7 shall not apply to motions filed under clause 7i77,,ii74 7,d7 ,period pending adjudication of application 7i7 ,in general ,during the period beginning on the date on which an alien applies for registered provisional immigrant status under paragraph 7#a7 and the date on which the ,secretary makes a final decision regarding such application1 the alien-- 7,i7 may receive advance parole to reenter the ,united ,states if urgent humanitarian circumstances compel such travel2 7,,ii7 may not be detained by the ,secretary or removed from the ,united ,states unless the ,secretary makes a prima facie determination that such alien is1 or has become1 ineligible for registered provisional immigrant status under subsection 7b77#c72 7,,iii7 shall not be considered unlawfully present for purposes of section #bab7;a77#i77;,b72 and 7,,iv7 shall not be considered an unauthorized alien 7as defined in section #bgd;,a7h77#c774 7ii7 ,evidence of application filing ,as soon as practicable after receiving each application for registered provisional immigrant status1 the ,secretary shall provide the applicant with a document acknowledging the receipt of such application4 7iii7 ,continuing employment ,an employer who knows that an alien employee is an applicant for registered provisional immigrant status or will apply for such status once the application period commences is not in violation of section #bgd;,a7a77#b7 if the employer continues to employ the alien pending the adjudication of the alien employee's application4 7iv7 ,effect of departure ,section #aja7;g7 shall not apply to an alien granted-- 7,i7 advance parole under clause 7i77,i7 to reenter the ,united ,states2 or 7,,ii7 registered provisional immigrant status4 7#h7 ,security and law enforcement clearances 7,a7 ,biometric and biographic data ,the ,secretary may not grant registered provisional immigrant status to an alien or an alien dependent spouse or child under this section unless such alien submits biometric and biographic data in accordance with procedures established by the ,secretary4 7,b7 ,alternative procedures ,the ,secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data required under subparagraph 7,a7 because of a physical impairment4 7,c7 ,clearances 7i7 ,data collection ,the ,secretary shall collect1 from each alien applying for status under this section1 biometric1 biographic1 and other data that the ,secretary determines to be appropriate-- 7,i7 to conduct national security and law enforcement clearances2 and 7,,ii7 to determine whether there are any national security or law enforcement factors that would render an alien ineligible for such status4 7ii7 ,prerequisite ,the required clearances described in clause 7i77,i7 shall be completed before the alien may be granted registered provisional immigrant status4 7#i7 ,duration of status and extension 7,a7 ,in general ,the initial period of authorized admission for a registered provisional immigrant-- 7i7 shall remain valid for #f years unless revoked pursuant to subsection 7d77#b72 and 7ii7 may be extended for additional #f-year terms if-- 7,i7 the alien remains eligible for registered provisional immigrant status2 7,,ii7 the alien meets the employment requirements set forth in subparagraph 7,b72 and 7,,iii7 such status was not revoked by the ,secretary for any reason4 7,b7 ,employment or education requirement ,except as provided in subparagraphs 7,d7 and 7,e7 of section #bde;,c7b77#c71 an alien may not be granted an extension of registered provisional immigrant status under this paragraph unless the alien establishes that1 during the alien's period of status as a registered provisional immigrant1 the alien-- 7i7 7,i7 was regularly employed throughout the period of admission as a registered provisional immigrant1 allowing for brief periods lasting not more than #fj days2 and 7,,ii7 is not likely to become a public charge 7as determined under section #bab7;a77#d772 or 7ii7 is able to demonstrate average income or resources that are not less than #ajj percent of the ,federal poverty level throughout the period of admission as a registered provisional immigrant4 7,c7 ,payment of taxes ,an applicant may not be granted an extension of registered provisional immigrant status under subparagraph 7,a77ii7 unless the applicant has satisfied any applicable ,federal tax liability in accordance with paragraph 7#b74 7#aj7 ,fees and penalties 7,a7 ,standard processing fee 7i7 ,in general ,aliens who are #af years of age or older and are applying for registered provisional immigrant status under paragraph 7#a71 or for an extension of such status under paragraph 7#i77;,a77ii71 shall pay a processing fee to the ,department of ,homeland ,security in an amount determined by the ,secretary4 7ii7 ,recovery of costs ,the processing fee authorized under clause 7i7 shall be set at a level that is sufficient to recover the full costs of processing the application1 including any costs incurred-- 7,i7 to adjudicate the application2 7,,ii7 to take and process biometrics2 7,,iii7 to perform national security and criminal checks1 including adjudication2 7,,iv7 to prevent and investigate fraud2 and 7,v7 to administer the collection of such fee4 7iii7 ,authority to limit fees ,the ,secretary1 by regulation1 may-- 7,i7 limit the maximum processing fee payable under this subparagraph by a family1 including spouses and unmarried children younger than #ba years of age2 and 7,,ii7 exempt defined classes of individuals1 including individuals described in section #bde;,b7c77#ac71 from the payment of the fee authorized under clause 7i74 7,b7 ,deposit and use of processing fees ,fees collected under subparagraph 7,a77i7-- 7i7 shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 and 7ii7 may be used for the purposes set forth in section #f7;a77#c77;,b7 of such ,act4 7,c7 ,penalty 7i7 ,payment ,in addition to the processing fee required under subparagraph 7,a71 aliens not described in section #bde;,d who are #ba years of age or older and are filing an application under this subsection shall pay a #a1jjj penalty to the ,department of ,homeland ,security4 7ii7 ,installments ,the ,secretary shall establish a process for collecting payments required under clause 7i7 that-- 7,i7 requires the alien to pay #ejj in conjunction with the submission of an application under this subsection for registered provisional immigrant status2 and 7,,ii7 allows the remaining #ejj to be paid in periodic installments that shall be completed before the alien may be granted an extension of status under paragraph 7#i77;,a77ii74 7iii7 ,deposit ,penalties collected pursuant to this subparagraph shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#aa7 ,adjudication 7,a7 ,failure to submit sufficient evidence ,the ,secretary shall deny an application submitted by an alien who fails to submit-- 7i7 requested initial evidence1 including requested biometric data2 or 7ii7 any requested additional evidence by the date required by the ,secretary4 7,b7 ,amended application ,an alien whose application for registered provisional immigrant status is denied under subparagraph 7,a7 may file an amended application for such status to the ,secretary if the amended application-- 7i7 is filed within the application period described in paragraph 7#c72 and 7ii7 contains all the required information and fees that were missing from the initial application4 7#ab7 ,evidence of registered provisional immigrant status 7,a7 ,in general ,the ,secretary shall issue documentary evidence of registered provisional immigrant status to each alien whose application for such status has been approved4 7,b7 ,documentation features ,documentary evidence provided under subparagraph 7,a7-- 7i7 shall be machine-readable and tamper-resistant1 and shall contain a digitized photograph2 7ii7 shall1 during the alien's authorized period of admission1 and any extension of such authorized admission1 serve as a valid travel and entry document for the purpose of applying for admission to the ,united ,states2 7iii7 may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section #bgd;,a7b77#a77;,b72 7iv7 shall indicate that the alien is authorized to work in the ,united ,states for up to #c years2 and 7v7 shall include such other features and information as may be prescribed by the ,secretary4 7#ac7 ,daca recipients ,unless the ,secretary determines that an alien who was granted ,deferred ,action for ,childhood ,arrivals 7referred to in this paragraph as ,,daca7 pursuant to the ,secretary's memorandum of ,june #ae1 #bjab1 has engaged in conduct since the alien was granted ,,daca that would make the alien ineligible for registered provisional immigrant status1 the ,secretary may grant such status to the alien if renewed national security and law enforcement clearances have been completed on behalf of the alien4 7d7 ,terms and conditions of registered provisional immigrant status 7#a7 ,conditions of registered provisional immigrant status 7,a7 ,employment ,notwithstanding any other provision of law1 including section #bda7;a77#g71 a registered provisional immigrant shall be authorized to be employed in the ,united ,states while in such status4 7,b7 ,travel outside the united states ,a registered provisional immigrant may travel outside of the ,united ,states and may be admitted1 if otherwise admissible1 upon returning to the ,united ,states without having to obtain a visa if-- 7i7 the alien is in possession of-- 7,i7 valid1 unexpired documentary evidence of registered provisional immigrant status that complies with subsection 7c77#ab72 or 7,,ii7 a travel document1 duly approved by the ,secretary1 that was issued to the alien after the alien's original documentary evidence was lost1 stolen1 or destroyed2 7ii7 the alien's absence from the ,united ,states did not exceed #ahj days1 unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control2 7iii7 the alien meets the requirements for an extension as described in subclauses 7,i7 and 7,,iii7 of paragraph 7#i77;,a72 and 7iv7 the alien establishes that the alien is not inadmissible under subparagraph 7,a77i71 7,a77iii71 7,b71 or 7,c7 of section #bab7;a77#c74 7,c7 ,admission ,an alien granted registered provisional immigrant status under this section shall be considered to have been admitted and lawfully present in the ,united ,states in such status as of the date on which the alien's application was filed4 7,d7 ,clarification of status ,an alien granted registered provisional immigrant status-- 7i7 is lawfully admitted to the ,united ,states2 and 7ii7 may not be classified as a nonimmigrant or as an alien who has been lawfully admitted for permanent residence4 7#b7 ,revocation 7,a7 ,in general ,the ,secretary may revoke the status of a registered provisional immigrant at any time after providing appropriate notice to the alien1 and after the exhaustion or waiver of all applicable administrative review procedures under section #bde;,e7c71 if the alien-- 7i7 no longer meets the eligibility requirements set forth in subsection 7b72 7ii7 knowingly used documentation issued under this section for an unlawful or fraudulent purpose2 or 7iii7 was absent from the ,united ,states-- 7,i7 for any single period longer than #ahj days in violation of the requirements set forth in paragraph 7#a77;,b77ii72 or 7,,ii7 for more than #ahj days in the aggregate during any calendar year1 unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control4 7,b7 ,additional evidence ,in determining whether to revoke an alien's status under subparagraph 7,a71 the ,secretary may require the alien-- 7i7 to submit additional evidence2 or 7ii7 to appear for an interview4 7,c7 ,invalidation of documentation ,if an alien's registered provisional immigrant status is revoked under subparagraph 7,a71 any documentation issued by the ,secretary to such alien under subsection 7c77#ab7 shall automatically be rendered invalid for any purpose except for departure from the ,united ,states4 7#c7 ,ineligibility for public benefits ,an alien who has been granted registered provisional immigrant status under this section is not eligible for any ,federal means-tested public benefit 7as such term is defined in section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac774 7#d7 ,treatment of registered provisional immigrants ,a noncitizen granted registered provisional immigrant status under this section shall be considered lawfully present in the ,united ,states for all purposes while such noncitizen remains in such status1 except that the noncitizen-- 7,a7 is not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf2 7,b7 shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection 7e7 of such section2 and 7,c7 shall be subject to the rules applicable to individuals not lawfully present that are set forth in section #adjb7;e7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga74 7#e7 ,assignment of social security number 7,a7 ,in general ,the ,commissioner of ,social ,security1 in coordination with the ,secretary1 shall implement a system to allow for the assignment of a ,social ,security number and the issuance of a ,social ,security card to each alien who has been granted registered provisional immigrant status under this section4 7,b7 ,use of information ,the ,secretary shall provide the ,commissioner of ,social ,security with information from the applications filed by aliens granted registered provisional immigrant status under this section and such other information as the ,commissioner determines to be necessary to assign a ,social ,security account number to such aliens4 ,the ,commissioner may use information received from the ,secretary under this subparagraph to assign ,social ,security account numbers to such aliens and to administer the programs of the ,social ,security ,administration4 ,the ,commissioner may maintain1 use1 and disclose such information only as permitted under section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd7 and other applicable ,federal laws4 7e7 ,dissemination of information on registered provisional immigrant program ,as soon as practicable after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary1 in cooperation with entities approved by the ,secretary1 and in accordance with a plan adopted by the ,secretary1 shall broadly disseminate1 in the most common languages spoken by aliens who would qualify for registered provisional immigrant status under this section1 to television1 radio1 print1 and social media to which such aliens would likely have access-- 7#a7 the procedures for applying for such status2 7#b7 the terms and conditions of such status2 and 7#c7 the eligibility requirements for such status4 4 7b7 ,enlistment in the armed forces ,section #ejd7;b77#a7 of title #aj1 ,united ,states ,code1 is amended by adding at the end the following3 7,d7 ,an alien who has been granted registered provisional immigrant status under section #bde;,b of the ,immigration and ,nationality ,act4 4 #bajb4 ,adjustment of status of registered provisional immigrants 7a7 ,in general ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,b1 as added by section #baja of this title1 the following3 #bde;,c4 ,adjustment of status of registered provisional immigrants 7a7 ,in general ,subject to section #bde;,e7d7 and section #bcjb7;c77#c7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary of ,homeland ,security 7referred to in this section as the ,secretary7 may adjust the status of a registered provisional immigrant to that of an alien lawfully admitted for permanent residence if the registered provisional immigrant satisfies the eligibility requirements set forth in subsection 7b74 7b7 ,eligibility requirements 7#a7 ,registered provisional immigrant status 7,a7 ,in general ,the alien was granted registered provisional immigrant status under section #bde;,b and remains eligible for such status4 7,b7 ,continuous physical presence ,the alien establishes1 to the satisfaction of the ,secretary1 that the alien was not continuously absent from the ,united ,states for more than #ahj days in any calendar year during the period of admission as a registered provisional immigrant1 unless the alien's absence was due to extenuating circumstances beyond the alien's control4 7,c7 ,maintenance of waivers of admissibility ,the grounds of inadmissibility set forth in section #bab7;a7 that were previously waived for the alien or made inapplicable under section #bde;,b7b7 shall not apply for purposes of the alien's adjustment of status under this section4 7,d7 ,pending revocation proceedings ,if the ,secretary has notified the applicant that the ,secretary intends to revoke the applicant's registered provisional immigrant status under section #bde;,b7d77#b77;,a71 the ,secretary may not approve an application for adjustment of status under this section unless the ,secretary makes a final determination not to revoke the applicant's status4 7#b7 ,payment of taxes 7,a7 ,in general ,an applicant may not file an application for adjustment of status under this section unless the applicant has satisfied any applicable ,federal tax liability4 7,b7 ,definition of applicable federal tax liability ,in subparagraph 7,a71 the term applicable ,federal tax liability means all assessed ,federal income taxes since the date on which the applicant was authorized to work in the ,united ,states as a registered provisional immigrant under section #bde;,b7a74 7,c7 ,compliance ,the applicant may demonstrate compliance with subparagraph 7,a7 by submitting such documentation as the ,secretary1 in consultation with the ,secretary of the ,treasury1 may require by regulation4 7#c7 ,employment or education requirement 7,a7 ,in general ,except as provided in subparagraphs 7,d7 and 7,e71 an alien applying for adjustment of status under this section shall establish that1 during his or her period of status as a registered provisional immigrant1 he or she-- 7i7 7,i7 was regularly employed throughout the period of admission as a registered provisional immigrant1 allowing for brief periods lasting not more than #fj days2 and 7,,ii7 is not likely to become a public charge 7as determined under section #bab7;a77#d772 or 7ii7 can demonstrate average income or resources that are not less than #abe percent of the ,federal poverty level throughout the period of admission as a registered provisional immigrant4 7,b7 ,evidence of employment 7i7 ,documents ,an alien may satisfy the employment requirement under subparagraph 7,a77i7 by submitting1 to the ,secretary1 records that-- 7,i7 establish1 by the preponderance of the evidence1 compliance with such employment requirement2 and 7,,ii7 have been maintained by the ,social ,security ,administration1 the ,internal ,revenue ,service1 or any other ,federal1 ,state1 or local government agency4 7ii7 ,other documents ,an alien who is unable to submit the records described in clause 7i7 may satisfy the employment or education requirement under subparagraph 7,a7 by submitting to the ,secretary at least #b types of reliable documents not described in clause 7i7 that provide evidence of employment or education1 including-- 7,i7 bank records2 7,,ii7 business records2 7,,iii7 employer records2 7,,iv7 records of a labor union1 day labor center1 or organization that assists workers in employment2 7,v7 sworn affidavits from nonrelatives who have direct knowledge of the alien's work or education1 that contain-- 7aa7 the name1 address1 and telephone number of the affiant2 7bb7 the nature and duration of the relationship between the affiant and the alien2 and 7cc7 other verification or information2 7,,vi7 remittance records2 and 7,,vii7 school records from institutions described in subparagraph 7,d74 7iii7 ,additional documents and restrictions ,the ,secretary may-- 7,i7 designate additional documents that may be used to establish compliance with the requirement under subparagraph 7,a72 and 7,,ii7 set such terms and conditions on the use of affidavits as may be necessary to verify and confirm the identity of any affiant or to otherwise prevent fraudulent submissions4 7,c7 ,satisfaction of employment requirement ,an alien may not be required to satisfy the employment requirements under this section with a single employer4 7,d7 ,education permitted ,an alien may satisfy the requirement under subparagraph 7,a71 in whole or in part1 by providing evidence of full-time attendance at-- 7i7 an institution of higher education 7as defined in section #ajb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a7772 7ii7 a secondary school 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7iii7 an education1 literacy1 or career training program 7including vocational training7 that is designed to lead to placement in postsecondary education1 job training1 or employment through which the alien is working toward such placement2 or 7iv7 an education program assisting students either in obtaining a regular high school diploma or its recognized equivalent under state law 7including a certificate of completion1 certificate of attendance1 or alternate award71 or in passing a ,general ,educational ,development exam or other equivalent ,state-authorized exam4 7,e7 ,authorization of exceptions and waivers 7i7 ,exceptions based on age or disability ,the employment and education requirements under this paragraph shall not apply to any alien who -- 7,i7 is younger than #ba years of age on the date on which the alien files an application for the first extension of the initial period of authorized admission as a registered provisional immigrant2 7,,ii7 is at least #fj years of age on the date on which the alien files an application described in subclause 7,,ii7 or at least #fe years of age on the date on which the alien's status is adjusted under this section2 or 7,,iii7 has a physical or mental disability 7as defined in section #c7b7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb7b777 or as a result of pregnancy if such condition is evidenced by the submission of documentation prescribed by the ,secretary4 7ii7 ,family exceptions ,the employment and education requirements under this paragraph shall not apply to any alien who is a dependent registered provisional immigrant under subsection 7b77#e74 7iii7 ,temporary exceptions ,the employment and education requirements under this paragraph shall not apply during any period during which the alien-- 7,i7 was on medical leave1 maternity leave1 or other employment leave authorized by ,federal law1 ,state law1 or the policy of the employer2 7,,ii7 is or was the primary caretaker of a child or another person who requires supervision or is unable to care for himself or herself2 or 7,,iii7 was unable to work due to circumstances outside the control of the alien4 7iv7 ,waiver ,the ,secretary may waive the employment or education requirements under this paragraph with respect to any individual alien who demonstrates extreme hardship to himself or herself or to a spouse1 parent1 or child who is a ,united ,states citizen or lawful permanent resident4 7#d7 ,english skills 7,a7 ,in general ,except as provided under subparagraph 7,c71 a registered provisional immigrant who is #af years of age or older shall establish that he or she-- 7i7 meets the requirements set forth in section #cab2 or 7ii7 is satisfactorily pursuing a course of study1 pursuant to standards established by the ,secretary of ,education1 in consultation with the ,secretary1 to achieve an understanding of ,english and knowledge and understanding of the history and ,government of the ,united ,states1 as described in section #cab7;a74 7,b7 ,relation to naturalization examination ,a registered provisional immigrant who demonstrates that he or she meets the requirements set forth in section #cab may be considered to have satisfied such requirements for purposes of becoming naturalized as a citizen of the ,united ,states4 7,c7 ,exceptions 7i7 ,mandatory ,subparagraph 7,a7 shall not apply to any person who is unable to comply with the requirements under that subparagraph because of a physical or developmental disability or mental impairment4 7ii7 ,discretionary ,the ,secretary may waive all or part of subparagraph 7,a7 for a registered provisional immigrant who is #gj years of age or older on the date on which an application is filed for adjustment of status under this section4 7#e7 ,military selective service ,the alien shall provide proof of registration under the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 ,app4 #dea et seq47 if the alien is subject to such registration4 7c7 ,application procedures 7#a7 ,in general ,beginning on the date described in paragraph 7#b71 a registered provisional immigrant1 or a registered provisional immigrant dependent1 who meets the eligibility requirements set forth in subsection 7b7 may apply for adjustment of status to that of an alien lawfully admitted for permanent residence by submitting an application to the ,secretary that includes the evidence required1 by regulation1 to demonstrate the applicant's eligibility for such adjustment4 7#b7 ,back of the line ,the status of a registered provisional immigrant may not be adjusted to that of an alien lawfully admitted for permanent residence under this section until after the ,secretary of ,state certifies that immigrant visas have become available for all approved petitions for immigrant visas that were filed under sections #bja and #bjc before the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#c7 ,interview ,the ,secretary may interview applicants for adjustment of status under this section to determine whether they meet the eligibility requirements set forth in subsection 7b74 7#d7 ,security and law enforcement clearances ,the ,secretary may not adjust the status of a registered provisional immigrant under this section until renewed national security and law enforcement clearances have been completed with respect to the registered provisional immigrant1 to the satisfaction of the ,secretary4 7#e7 ,fees and penalties 7,a7 ,processing fees 7i7 ,in general ,the ,secretary shall impose a processing fee on applicants for adjustment of status under this section at a level sufficient to recover the full cost of processing such applications1 including costs associated with-- 7,i7 adjudicating the applications2 7,,ii7 taking and processing biometrics2 7,,iii7 performing national security and criminal checks1 including adjudication2 7,,iv7 preventing and investigating fraud2 and 7,v7 the administration of the fees collected4 7ii7 ,authority to limit fees ,the ,secretary1 by regulation1 may-- 7,i7 limit the maximum processing fee payable under this subparagraph by a family1 including spouses and children2 and 7,,ii7 exempt other defined classes of individuals from the payment of the fee authorized under clause 7i74 7iii7 ,deposit and use of fees ,fees collected under this subparagraph-- 7,i7 shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 and 7,,ii7 may be used for the purposes set forth in section #f7;a77#c77;,b7 of such ,act4 7,b7 ,penalties 7i7 ,in general ,in addition to the processing fee required under subparagraph 7,a7 and the penalty required under section #bde;,b7c77#f77;,d71 an alien who was #ba years of age or older on the date on which the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act was originally introduced in the ,senate and is filing an application for adjustment of status under this section shall pay a #a1jjj penalty to the ,secretary unless the alien meets the requirements under section #bde;,d7b74 7ii7 ,installments ,the ,secretary shall establish a process for collecting payments required under clause 7i7 through periodic installments4 7iii7 ,deposit1 allocation1 and spending of penalties ,penalties collected under this subparagraph-- 7,i7 shall be deposited into the ,comprehensive ,immigration ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 and 7,,ii7 may be used for the purposes set forth in section #f7;a77#c77;,b7 of such ,act4 4 7b7 ,limitation on registered provisional immigrants ,an alien admitted as a registered provisional immigrant may only adjust status to an alien lawfully admitted for permanent resident status under section #bcjb of this ,act4 7c7 ,naturalization ,section #cai 7#h ,u4,s4,c4 #adcj7 is amended-- 7#a7 in the section heading1 by striking and employees of certain nonprofit organizations and inserting 1 employees of certain nonprofit organizations1 and other long-term lawful residents2 and 7#b7 by adding at the end the following3 7f7 ,any lawful permanent resident who was lawfully present in the ,united ,states and eligible for work authorization for not less than #aj years before becoming a lawful permanent resident may be naturalized upon compliance with all the requirements under this title except the provisions of section #caf7;a77#a7 if such person1 immediately preceding the date on which the person filed an application for naturalization-- 7#a7 has resided continuously within the ,united ,states1 after being lawfully admitted for permanent residence1 for at least #c years2 7#b7 during the #c-year period immediately preceding such filing date1 has been physically present in the ,united ,states for periods totaling at least #ej percent of such period2 and 7#c7 has resided within the ,state or in the jurisdiction of the ,u4,s4 ,citizenship and ,immigration ,services field office in the ,united ,states in which the applicant filed such application for at least #c months4 4 #bajc4 ,the ,,dream ,act 7a7 ,short title ,this section may be cited as the ,development1 ,relief1 and ,education for ,alien ,minors ,act of #bjac or the ,,dream ,act #bjac4 7b7 ,adjustment of status for certain aliens who entered the ,united ,states as children ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,c1 as added by section #bajb of this title1 the following3 #bde;,d4 ,adjustment of status for certain aliens who entered the ,united ,states as children 7a7 ,definitions ,in this section3 7#a7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 except that the term does not include institutions described in subsection 7a77#a77;,c7 of such section4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#c7 ,uniformed services ,the term ,uniformed ,services has the meaning given the term uniformed services in section #aja7;a77#e7 of title #aj1 ,united ,states ,code4 7b7 ,adjustment of status for certain aliens who entered the united states as children 7#a7 ,requirements 7,a7 ,in general ,the ,secretary of ,homeland ,security may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the immigrant demonstrates that he or she-- 7i7 has been a registered provisional immigrant for at least #e years2 7ii7 was younger than #af years of age on the date on which the alien initially entered the ,united ,states2 7iii7 has earned a high school diploma or obtained a general education development certificate in the ,united ,states2 7iv7 7,i7 has acquired a degree from an institution of higher education or has completed at least #b years1 in good standing1 in a program for a bachelor's degree or higher degree in the ,united ,states2 or 7,,ii7 has served in the ,uniformed ,services for at least #d years and1 if discharged1 received an honorable discharge2 and 7v7 has provided a list of each secondary school 7as that term is defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja77 that the alien attended in the ,united ,states4 7,b7 ,hardship exception 7i7 ,in general ,the ,secretary may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the alien-- 7,i7 satisfies the requirements under clauses 7i71 7ii71 7iii71 and 7v7 of subparagraph 7,a72 and 7,,ii7 demonstrates compelling circumstances for the inability to satisfy the requirement under subparagraph 7,a77iv74 7,c7 ,citizenship requirement 7i7 ,in general ,except as provided in clause 7ii71 the ,secretary may not adjust the status of an alien to lawful permanent resident status under this section unless the alien demonstrates that the alien satisfies the requirements of section #cab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbc7;a774 7ii7 ,exception ,clause 7i7 shall not apply to an alien whose physical or developmental disability or mental impairment prevents the alien from meeting the requirements such section4 7,d7 ,submission of biometric and biographic data ,the ,secretary may not adjust the status of an alien to lawful permanent resident status unless the alien-- 7i7 submits biometric and biographic data1 in accordance with procedures established by the ,secretary2 or 7ii7 complies with an alternative procedure prescribed by the ,secretary1 if the alien is unable to provide such biometric data because of a physical impairment4 7,e7 ,background checks 7i7 ,requirement for background checks ,the ,secretary shall utilize biometric1 biographic1 and other data that the ,secretary determines appropriate-- 7,i7 to conduct security and law enforcement background checks of an alien applying for lawful permanent resident status under this section2 and 7,,ii7 to determine whether there is any criminal1 national security1 or other factor that would render the alien ineligible for such status4 7ii7 ,completion of background checks ,the ,secretary may not adjust an alien's status to the status of a lawful permanent resident under this subsection until the security and law enforcement background checks required under clause 7i7 have been completed with respect to the alien1 to the satisfaction of the ,secretary4 7#b7 ,application for lawful permanent resident status 7,a7 ,in general ,a registered provisional immigrant seeking lawful permanent resident status shall file an application for such status in such manner as the ,secretary of ,homeland ,security may require4 7,b7 ,adjudication 7i7 ,in general ,the ,secretary shall evaluate each application filed by a registered provisional immigrant under this paragraph to determine whether the alien meets the requirements under paragraph 7#a74 7ii7 ,adjustment of status if favorable determination ,if the ,secretary determines that the alien meets the requirements under paragraph 7#a71 the ,secretary shall notify the alien of such determination and adjust the status of the alien to lawful permanent resident status1 effective as of the date of such determination4 7iii7 ,adverse determination ,if the ,secretary determines that the alien does not meet the requirements under paragraph 7#a71 the ,secretary shall notify the alien of such determination4 7,c7 ,daca recipients ,the ,secretary may adopt streamlined procedures for applicants for adjustment to lawful permanent resident status under this section who were granted ,deferred ,action for ,childhood ,arrivals 7referred to in this paragraph as ,,daca7 pursuant to the ,secretary's memorandum of ,june #ae1 #bjab4 7#c7 ,treatment for purposes of naturalization 7,a7 ,in general ,an alien granted lawful permanent resident status under this subsection shall be considered1 for purposes of title ,,iii-- 7i7 to have been lawfully admitted for permanent residence2 and 7ii7 to have been in the ,united ,states as an alien lawfully admitted to the ,united ,states for permanent residence during the period the alien was a registered provisional immigrant4 7,b7 ,limitation on application for naturalization ,an alien may not apply for naturalization while the alien is a registered provisional immigrant44 4 7c7 ,exemption from numerical limitations ,section #bja7;b7 7#h ,u4,s4,c4 #aaea7;b77#a77 is amended-- 7#a7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7#b7 by inserting after subparagraph 7,d7 the following3 7,e7 ,aliens whose status is adjusted to permanent resident status under section #bde;,c or #bde;,d4 4 7d7 ,restoration of ,state option ,to determine residency for purposes of higher education 7#a7 ,repeal ,section #eje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #afbc7 is repealed4 7#b7 ,effective date ,the repeal under paragraph 7#a7 shall take effect as if included in the original enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh74 #bajd4 ,additional requirements 7a7 ,in general ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,c1 as added by section #bajb of this title1 the following3 #bde;,e4 ,additional requirements relating to registered provisional immigrants and others 7a7 ,disclosures 7#a7 ,prohibited disclosures ,except as otherwise provided in this subsection1 no officer or employee of any ,federal agency may-- 7,a7 use the information furnished in an application for lawful status under section #bde;,b1 #bde;,c1 or #bde;,d for any purpose other than to make a determination on any application by the alien for any immigration benefit or protection2 7,b7 make any publication through which information furnished by any particular applicant can be identified2 or 7,c7 permit anyone other than the sworn officers1 employees1 and contractors of such agency or of another entity approved by the ,secretary of ,homeland ,security to examine individual applications that have been filed under either such section4 7#b7 ,required disclosures ,the ,secretary shall provide the information furnished in an application filed under section #bde;,b1 #bde;,c1 or #bde;,d and any other information derived from such furnished information to-- 7,a7 a law enforcement agency1 intelligence agency1 national security agency1 component of the ,department of ,homeland ,security1 court1 or grand jury if such information is requested by such entity1 consistent with law1 in connection with-- 7i7 a criminal investigation or prosecution of any matter not related to the applicant's immigration status2 or 7ii7 a national security investigation or prosecution2 and 7,b7 an official coroner for purposes of affirmatively identifying a deceased individual1 whether or not the death of such individual resulted from a crime4 7#c7 ,auditing and evaluation of information ,the ,secretary may-- 7,a7 audit and evaluate information furnished as part of any application filed under section #bde;,b1 #bde;,c1 or #bde;,d for purposes of identifying immigration fraud or fraud schemes2 and 7,b7 use any evidence detected by means of audits and evaluations for purposes of investigating1 prosecuting1 referring for prosecution1 or denying or terminating immigration benefits4 7b7 ,employer protections 7#a7 ,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 application for registered provisional immigrant status under section #bde;,b may not be used in a civil or criminal prosecution or investigation of that employer under section #bgd;,a or the ,internal ,revenue ,code of #aihf for the prior unlawful employment of that alien regardless of the adjudication of such application or reconsideration by the ,secretary of ,homeland ,security of such alien's prima facie eligibility determination4 ,employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for registered provisional immigrant status shall not be subject to civil and criminal liability pursuant to section #bgd;,a for employing such unauthorized aliens4 7#b7 ,limit on applicability ,the protections for employers and aliens under paragraph 7#a7 shall not apply if the aliens or employers submit employment records that are deemed to be fraudulent4 7c7 ,administrative review 7#a7 ,exclusive administrative review ,administrative review of a determination respecting an application for status under section #bde;,b1 #bde;,c1 or #bde;,d shall be conducted solely in accordance with this subsection4 7#b7 ,administrative appellate review 7,a7 ,establishment of administrative appellate authority ,the ,secretary of ,homeland ,security shall establish or designate an appellate authority to provide for a single level of administrative appellate review of a determination with respect to applications for1 or revocation of1 status under sections #bde;,b1 #bde;,c1 and #bde;,d4 7,b7 ,single appeal for each administrative decision 7i7 ,in general ,an alien in the ,united ,states whose application for status under section #bde;,b1 #bde;,c1 or #bde;,d has been denied or revoked may file with the ,secretary not more than #a appeal of each decision to deny or revoke such status4 7ii7 ,notice of appeal ,a notice of appeal filed under this subparagraph shall be filed not later than #ij days after the date of service of the decision of denial or revocation1 unless the delay was reasonably justifiable4 7,c7 ,review by ,secretary ,nothing in this paragraph may be construed to limit the authority of the ,secretary to certify appeals for review and final administrative decision4 7,d7 ,denial of petitions for dependents ,appeals of a decision to deny or revoke a petition filed by a registered provisional immigrant pursuant to regulations promulgated under section #bde;,b to classify a spouse or child of such alien as a registered provisional immigrant shall be subject to the administrative appellate authority described in subparagraph 7,a74 7,e7 ,stay of removal ,aliens seeking administrative review shall not be removed from the ,united ,states until a final decision is rendered establishing ineligibility for status under section #bde;,b1 #bde;,c1 or #bde;,d4 7#c7 ,record for review ,administrative appellate review under paragraph 7#b7 shall be de novo and based solely upon-- 7,a7 the administrative record established at the time of the determination on the application2 and 7,b7 any additional newly discovered or previously unavailable evidence4 7#d7 ,unlawful presence ,during the period in which an alien may request administrative review under this subsection1 and during the period that any such review is pending1 the alien shall not be considered unlawfully present in the ,united ,states for purposes of section #bab7;a77#i77;,b74 7d7 ,privacy and civil liberties 7#a7 ,in general ,the ,secretary1 in accordance with subsection 7a77#a71 shall require appropriate administrative and physical safeguards to protect the security1 confidentiality1 and integrity of personally identifiable information collected1 maintained1 and disseminated pursuant to sections #bde;,b1 #bde;,c1 and #bde;,d4 7#b7 ,assessments ,notwithstanding the privacy requirements set forth in section #bbb of the ,homeland ,security ,act 7#f ,u4,s4,c4 #adb7 and the ,e-,government ,act of #bjjb 7,public ,law #ajg-cdg71 the ,secretary shall conduct a privacy impact assessment and a civil liberties impact assessment of the legalization program established under sections #bde;,b1 #bde;,c1 and #bde;,d during the pendency of the interim final regulations required to be issued under section #baaj of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 4 7b7 ,judicial review ,section #bdb 7#h ,u4,s4,c4 #abeb7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,b71 by inserting the exercise of discretion arising under after no court shall have jurisdiction to review2 7,b7 in subparagraph 7,d71 by striking raised upon a petition for review filed with an appropriate court of appeals in accordance with this section2 7#b7 in subsection 7b77#b71 by inserting or1 in the case of a decision rendered under section #bde;,e7c71 in the judicial circuit in which the petitioner resides after proceedings2 and 7#c7 by adding at the end the following3 7h7 ,judicial review of eligibility determinations relating to status under chapter #e 7#a7 ,direct review ,if an alien's application under section #bde;,b1 #bde;,c1 or #bde;,d is denied1 or is revoked after the exhaustion of administrative appellate review under section #bde;,e7c71 the alien may seek review of such decision1 in accordance with chapter #g of title #e1 ,united ,states ,code1 before the ,united ,states district court for the district in which the person resides4 7#b7 ,status during review ,while a review described in paragraph 7#a7 is pending-- 7,a7 the alien shall not be deemed to accrue unlawful presence for purposes of section #bab7;a77#i72 7,b7 any unexpired grant of voluntary departure under section #bdj;,b shall be tolled2 and 7,c7 the court shall have the discretion to stay the execution of any order of exclusion1 deportation1 or removal4 7#c7 ,review after removal proceedings ,an alien may seek judicial review of a denial or revocation of approval of the alien's application under section #bde;,b1 #bde;,c1 or #bde;,d in the appropriate ,united ,states court of appeal in conjunction with the judicial review of an order of removal1 deportation1 or exclusion if the validity of the denial has not been upheld in a prior judicial proceeding under paragraph 7#a74 7#d7 ,standard for judicial review 7,a7 ,basis ,judicial review of a denial1 or revocation of an approval1 of an application under section #bde;,b1 #bde;,c1 or #bde;,d shall be based upon the administrative record established at the time of the review4 7,b7 ,authority to remand ,the reviewing court may remand a case under this subsection to the ,secretary of ,homeland ,security for consideration of additional evidence if the court finds that-- 7i7 the additional evidence is material2 and 7ii7 there were reasonable grounds for failure to adduce the additional evidence before the ,secretary4 7,c7 ,scope of review ,notwithstanding any other provision of law1 judicial review of all questions arising from a denial1 or revocation of an approval1 of an application under section #bde;,b1 #bde;,c1 or #bde;,d shall be governed by the standard of review set forth in section #gjf of title #e1 ,united ,states ,code4 7#e7 ,remedial powers 7,a7 ,jurisdiction ,notwithstanding any other provision of law1 the ,united ,states district courts shall have jurisdiction over any cause or claim arising from a pattern or practice of the ,secretary of ,homeland ,security in the operation or implementation of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 or the amendments made by such ,act1 that is arbitrary1 capricious1 or otherwise contrary to law4 7,b7 ,scope of relief ,the ,united ,states district courts may order any appropriate relief in a clause or claim described in subparagraph 7,a7 without regard to exhaustion1 ripeness1 or other standing requirements 7other than constitutionally-mandated requirements71 if the court determines that-- 7i7 the resolution of such cause or claim will serve judicial and administrative efficiency2 or 7ii7 a remedy would otherwise not be reasonably available or practicable4 7#f7 ,challenges to the validity of the system 7,a7 ,in general ,except as provided in paragraph 7#e71 any claim that section #bde;,b1 #bde;,c1 #bde;,d1 or #bde;,e or any regulation1 written policy1 or written directive1 issued or unwritten policy or practice initiated by or under the authority of the ,secretary of ,homeland ,security to implement such sections1 violates the ,constitution of the ,united ,states or is otherwise in violation of law is available exclusively in an action instituted in ,united ,states ,district ,court in accordance with the procedures prescribed in this paragraph4 7,b7 ,savings provision ,except as provided in subparagraph 7,c71 nothing in subparagraph 7,a7 may be construed to preclude an applicant under #bde;,b1 #bde;,c1 or #bde;,d from asserting that an action taken or a decision made by the ,secretary with respect to the applicant's status was contrary to law4 7,c7 ,class actions ,any claim described in subparagraph 7,a7 that is brought as a class action shall be brought in conformity with-- 7i7 the ,class ,action ,fairness ,act of #bjje 7,public ,law #aji-b72 and 7ii7 the ,federal ,rules of ,civil ,procedure4 7,d7 ,preclusive effect ,the final disposition of any claim brought under subparagraph 7,a7 shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection4 7,e7 ,exhaustion and stay of proceedings 7i7 ,in general ,no claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section #bde;,e7c74 7ii7 ,stay authorized ,nothing in this paragraph may be construed to prevent the court from staying proceedings under this paragraph to permit the ,secretary to evaluate an allegation of an unwritten policy or practice or to take corrective action4 ,in determining whether to issue such a stay1 the court shall take into account any harm the stay may cause to the claimant4 4 7c7 ,rule of construction ,section #bdd7;h7 shall not limit the authority of the ,secretary to adjust the status of an alien under section #bde;,c or #bde;,d of the ,immigration and ,nationality ,act1 as added by this subtitle4 7d7 ,effect of failure to register on eligibility for immigration benefits ,failure to comply with section #bfd4a7;f7 of title #h1 ,code of ,federal ,regulations or with removal orders or voluntary departure agreements based on such section for acts committed before the date of the enactment of this ,act shall not affect the eligibility of an alien to apply for a benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7e7 ,clerical amendment ,the table of contents is amended by inserting after the item relating to section #bde;,a the following3 ,sec4 #bde;,b4 ,adjustment of status of eligible entrants before ,december #ca1 #bjaa1 to that of registered provisional immigrant4 ,sec4 #bde;,c4 ,adjustment of status of registered provisional immigrants4 ,sec4 #bde;,d4 ,adjustment of status for certain aliens who entered the ,united ,states as children4 ,sec4 #bde;,e4 ,additional requirements relating to registered provisional immigrants and others4 4 #baje4 ,criminal penalty 7a7 ,in general ,chapter #fi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #adcj4 ,improper use of information relating to registered provisional immigrant applications ,any person who knowingly uses1 publishes1 or permits information described in section #bde;,e7a7 of the ,immigration and ,nationality ,act to be examined in violation of such section shall be fined not more than #aj1jjj4 4 7b7 ,deposit of fines ,all criminal penalties collected under section #adcj of title #ah1 ,united ,states ,code1 as added by subsection 7a71 shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7c7 ,clerical amendment ,the table of sections in chapter #fi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #adcj4 ,improper use of information relating to registered provisional immigrant applications4 4 #bajf4 ,grant program to assist eligible applicants 7a7 ,establishment ,the ,secretary may establish1 within ,u4,s4 ,citizenship and ,immigration ,services1 a program to award grants1 on a competitive basis1 to eligible public or private nonprofit organizations that will use the funding to assist eligible applicants under section #bde;,b1 #bde;,c1 or #bde;,d of the ,immigration and ,nationality ,act by providing them with the services described in subsection 7c74 7b7 ,eligible public or private non-profit organization ,the term eligible public or private nonprofit means a nonprofit1 tax-exempt organization1 including a community1 faith-based or other immigrant-serving organization1 whose staff has demonstrated qualifications1 experience1 and expertise in providing quality services to immigrants1 refugees1 persons granted asylum1 or persons applying for such statuses4 7c7 ,use of funds ,grant funds awarded under this section may be used for the design and implementation of programs that provide-- 7#a7 information to the public regarding the eligibility and benefits of registered provisional immigrant status authorized under section #bde;,b of the ,immigration and ,nationality ,act1 particularly individuals potentially eligible for such status2 7#b7 assistance1 within the scope of authorized practice of immigration law1 to individuals submitting applications for registered provisional immigrant status1 including-- 7,a7 screening prospective applicants to assess their eligibility for such status2 7,b7 completing applications and petitions1 including providing assistance in obtaining the requisite documents and supporting evidence2 7,c7 applying for any waivers for which applicants and qualifying family members may be eligible2 and 7,d7 providing any other assistance that the ,secretary or grantees consider useful or necessary to apply for registered provisional immigrant status2 7#c7 assistance1 within the scope of authorized practice of immigration law1 to individuals seeking to adjust their status to that of an alien admitted for permanent residence under section #bde;,c of the ,immigration and ,nationality ,act2 and 7#d7 assistance1 within the scope of authorized practice of immigration law1 and instruction1 to individuals-- 7,a7 on the rights and responsibilities of ,united ,states citizenship2 7,b7 in civics and civics-based ,english as a second language2 and 7,c7 in applying for ,united ,states citizenship4 7d7 ,source of grant funds 7#a7 ,application fees ,the ,secretary may use up to #ej1jjj1jjj from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 to carry out this section4 7#b7 ,authorization of appropriations 7,a7 ,amounts authorized ,in addition to the amounts made available under paragraph 7#a71 there are authorized to be appropriated such sums as may be necessary for each of the fiscal years #bjad through #bjah to carry out this section4 7,b7 ,availability ,any amounts appropriated pursuant to subparagraph 7,a7 shall remain available until expended4 #bajg4 ,conforming amendments to the ,social ,security ,act 7a7 ,correction of ,social ,security records 7#a7 ,in general ,section #bjh7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7;e77#a77 is amended-- 7,a7 in subparagraph 7,b77ii71 by striking or at the end2 7,b7 in subparagraph 7,c71 by striking the comma at the end and inserting a semicolon2 7,c7 by inserting after subparagraph 7,c7 the following3 7,d7 who is granted status as a registered provisional immigrant under section #bde;,b or #bde;,d of the ,immigration and ,nationality ,act2 or 7,e7 whose status is adjusted to that of lawful permanent resident under section #bde;,c of the ,immigration and ,nationality ,act1 2 and 7,d7 in the undesignated matter at the end1 by inserting 1 or in the case of an alien described in subparagraph 7,d7 or 7,e71 if such conduct is alleged to have occurred before the date on which the alien submitted an application under section #bde;,b of such ,act for classification as a registered provisional immigrant before the period at the end4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect on the first day of the tenth month that begins after the date of the enactment of this ,act4 7b7 ,state discretion regarding termination of parental rights 7#a7 ,in general ,a compelling reason for a ,state not to file 7or to join in the filing of7 a petition to terminate parental rights under section #dge7e77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fge7e77;,e77 shall include-- 7,a7 the removal of the parent from the ,united ,states2 or 7,b7 the involvement of the parent in 7including detention pursuant to7 an immigration proceeding1 unless the parent is unfit or unwilling to be a parent of the child4 7#b7 ,conditions ,before a ,state may file to terminate the parental rights under such section #dge7e77;,e7-- 7,a7 the ,state 7or the county or other political subdivision of the ,state1 as applicable7 shall make reasonable efforts-- 7i7 to identify1 locate1 and contact1 through the diplomatic or consular offices of the country to which the parent was removed or in which a parent or relative resides-- 7,i7 any parent of the child who has been removed from the ,united ,states2 and 7,,ii7 if possible1 any potential adult relative of the child 7as described in section #dga7;a77#bi772 7ii7 to notify such parent or relative of the intent of the ,state 7or the county or other political subdivision of the ,state1 as applicable7 to file 7or to join in the filing of7 a petition referred to in paragraph 7#a72 or 7iii7 to reunify the child with any such parent or relative2 and 7,b7 appropriate services have been provided 7and documented7 to the parent or relative4 7#c7 ,conforming amendment ,section #dge7e77;,e77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fge7e77;,e77 is amended by inserting 1 including the reason set forth in section #bajg7;b77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act after child4 7c7 ,children separated from parents and caregivers 7#a7 ,state plan for foster care and adoption assistance ,section #dga7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a77 is amended-- 7,a7 by amending paragraph 7#ai7 to read as follows3 7#ai7 provides that the ,state shall consider giving preference to an adult relative over a nonrelated caregiver when determining a placement for a child if-- 7,a7 the relative caregiver meets all relevant ,state child protection standards2 and 7,b7 the standards referred to in subparagraph 7,a7 ensure that the immigration status alone of a parent1 legal guardian1 or relative shall not disqualify the parent1 legal guardian1 or relative from being a placement for a child2 2 and 7,b7 in paragraph 7#cb71 by striking and at the end2 7,c7 in paragraph 7#cc71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#cd7 provides that the ,state shall-- 7,a7 ensure that the case manager for a separated child is capable of communicating in the native language of such child and of the family of such child1 or an interpreter who is so capable is provided to communicate with such child and the family of such child at no cost to the child or to the family of such child2 7,b7 coordinate with the ,department of ,homeland ,security to ensure that parents who wish for their child to accompany them to their country of origin are given adequate time and assistance to obtain a passport and visa1 and to collect all relevant vital documents1 such as birth certificate1 health1 and educational records and other information2 7,c7 coordinate with ,state agencies regarding alternate documentation requirements for a criminal records check or a fingerprint-based check for a caregiver that does not have ,federal or ,state-issued identification2 7,d7 preserve1 to the greatest extent possible1 the privacy and confidentiality of all information gathered in the course of administering the care1 custody1 and placement of1 and follow up services provided to1 a separated child1 consistent with the best interest of such child1 by not disclosing such information to other government agencies or persons 7other than a parent1 guardian1 or relative caregiver or such child71 except that the head of the ,state agency may disclose such information1 after placing a written record of the disclosure in the file of the child-- 7i7 to a consular official for the purpose of reunification of a child with a parent1 legal guardian1 or relative caregiver who has been removed or is involved in an immigration proceeding1 unless the child has refused contact with1 or the sharing of personal or identifying information with1 the government of his or her country of origin2 7ii7 when authorized to do so by the child 7if the child has attained #ah years of age7 if the disclosure is consistent with the best interest of the child2 or 7iii7 to a law enforcement agency if the disclosure would prevent imminent and serious harm to another individual2 and 7,e7 not less frequently than annually1 compile1 update1 and publish a list of entities in the ,state that are qualified to provide guardian and legal representation services for a separated child1 in a language such that a child can read and understand4 4 7#b7 ,additional information to be included in case plan ,section #dge of such ,act 7#db ,u4,s4,c4 #fge7 is amended-- 7,a7 in paragraph 7#a71 by adding at the end the following3 7,h7 ,in the case of a separated child with respect to whom the ,state plan requires the ,state to provide services under section #dga7;a77#cd7-- 7i7 the location of the parent1 guardian1 or relative described in paragraph 7#i77;,a7 from whom the child has been separated2 and 7ii7 a written record of each disclosure to a government agency or person 7other than such a parent1 guardian1 or relative7 of information gathered in the course of tracking the care1 custody1 and placement of1 and follow-up services provided to1 the child4 2 and 7,b7 by adding at the end the following3 7#i7 ,the term separated child means an individual who-- 7,a7 has a parent1 legal guardian1 or primary caregiver who has been-- 7i7 detained by a ,federal1 ,state1 or local law enforcement agency in the enforcement of an immigration law2 or 7ii7 removed from the ,united ,states as a result of a violation of such a law2 and 7,b7 is in foster care under the responsibility of a ,state4 4 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the #ast day of the #ast calendar quarter that begins after the #a-year period that begins on the date of the enactment of this ,act4 #bajh4 ,government contracting and acquisition of real property interest 7a7 ,exemption from government contracting and hiring rules 7#a7 ,in general ,a determination by a ,federal agency to use a procurement competition exemption under section #bec7;c7 of title #da1 ,united ,states ,code1 or to use the authority granted in paragraph 7#b71 for the purpose of implementing this title and the amendments made by this title is not subject to challenge by protest to the ,government ,accountability ,office under sections #ceea and #ceef of title #ca1 ,united ,states ,code1 or to the ,court of ,federal ,claims1 under section #adia of title #bh1 ,united ,states ,code4 ,an agency shall immediately advise the ,congress of the exercise of the authority granted under this paragraph4 7#b7 ,government contracting exemption ,the competition requirement under section #bec7;a7 of title #da1 ,united ,states ,code1 may be waived or modified by a ,federal agency for any procurement conducted to implement this title or the amendments made by this title if the senior procurement executive for the agency conducting the procurement-- 7,a7 determines that the waiver or modification is necessary2 and 7,b7 submits an explanation for such determination to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives4 7#c7 ,hiring rules exemption ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security is authorized to make term1 temporary limited1 and part-time appointments of employees who will implement this title and the amendments made by this title without regard to the number of such employees1 their ratio to permanent full-time employees1 and the duration of their employment4 ,nothing in chapter #ga of title #e1 ,united ,states ,code1 shall affect the authority of any ,department of ,homeland ,security management official to hire term1 temporary limited or part-time employees under this paragraph4 7b7 ,authority to waive annuity limitations ,section #hbd7;g77#b77;,b7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djfd7;g77#b77;,b77 is amended by striking #bjji and inserting #bjag4 7c7 ,authority to acquire leaseholds ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security may acquire a leasehold interest in real property1 and may provide in a lease entered into under this subsection for the construction or modification of any facility on the leased property1 if the ,secretary determines that the acquisition of such interest1 and such construction or modification1 are necessary in order to facilitate the implementation of this title and the amendments made by this title4 #baji4 ,long-term legal residents of the ,commonwealth of the ,northern ,mariana ,islands ,section 7#f77;e7 of the ,joint ,resolution entitled ,a ,joint ,resolution to approve the ,covenant to ,establish a ,commonwealth of the ,northern ,mariana ,islands in ,political ,union with the ,united ,states of ,america1 and for other purposes1 approved ,march #bd1 #aigf 7#dh ,u4,s4,c4 #ahjf7;e771 as added by section #gjb of the ,consolidated ,natural ,resources ,act of #bjjh 7,public ,law #aaj-bbi2 #abb ,stat4 #hed71 is amended by adding at the end the following3 7#f7 ,special provision regarding long-term residents of the commonwealth 7,a7 ,,cnmi-only resident status ,notwithstanding paragraph 7#a71 an alien described in subparagraph 7,b7 may1 upon the application of the alien1 be admitted as an immigrant to the ,commonwealth subject to the following rules3 7i7 ,the alien shall be treated as an immigrant lawfully admitted for permanent residence in the ,commonwealth only1 including permitting entry to and exit from the ,commonwealth1 until the earlier of the date on which-- 7,i7 the alien ceases to permanently reside in the ,commonwealth2 or 7,,ii7 the alien's status is adjusted under this paragraph or section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 to that of an alien lawfully admitted for permanent residence in accordance with all applicable eligibility requirements4 7ii7 ,the ,secretary of ,homeland ,security shall establish a process for such aliens to apply for ,,cnmi-only permanent resident status during the #ij-;day period beginning on the first day of the sixth month after the date of the enactment of this paragraph4 7iii7 ,nothing in this subparagraph may be construed to provide any alien status under this subparagraph with public assistance to which the alien is not otherwise entitled4 7,b7 ,aliens described ,an alien is described in this subparagraph if the alien-- 7i7 is lawfully present in the ,commonwealth under the immigration laws of the ,united ,states2 7ii7 is otherwise admissible to the ,united ,states under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq472 7iii7 resided continuously and lawfully in the ,commonwealth from ,november #bh1 #bjji1 through the date of the enactment of this paragraph2 7iv7 is not a citizen of the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 or the ,republic of ,palau2 and 7v7 7,i7 was born in the ,northern ,mariana ,islands between ,january #a1 #aigd and ,january #i1 #aigh2 7,,ii7 was1 on ,may #h1 #bjjh1 and continues to be as of the date of the enactment of this paragraph1 a permanent resident 7as defined in section #dcjc of title #c of the ,northern ,mariana ,islands ,commonwealth ,code1 in effect on ,may #h1 #bjjh72 7,,iii7 is the spouse or child 7as defined in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a7771 of an alien described in subclauses 7,i7 or 7,,ii72 7,,iv7 was1 on ,may #h1 #bjjh1 an immediate relative 7as defined in section #dcjc of title #c of the ,northern ,mariana ,islands ,commonwealth ,code1 in effect on ,may #h1 #bjjh1 of a ,united ,states citizen1 notwithstanding the age of the ,united ,states citizen1 and continues to be such an immediate relative on the date of the application described in subparagraph 7,a72 7,v7 resided in the ,northern ,mariana ,islands as a guest worker under ,commonwealth immigration law for at least #e years before ,may #h1 #bjjh and is presently resident under ,,cw-#a status2 or 7,,vi7 is the spouse or child 7as defined in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a7771 of the alien guest worker described in subclause 7,v7 and is presently resident under ,,cw-#b status4 7,c7 ,adjustment for long term and permanent residents ,beginning on the date that is #e years after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 an alien described in subparagraph 7,b7 may apply to receive an immigrant visa or to adjust his or her status to that of an alien lawfully admitted for permanent residence4 4 #baaj4 ,rulemaking 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary1 the ,attorney ,general1 and the ,secretary of ,state separately shall issue interim final regulations to implement this subtitle and the amendments made by this subtitle1 which shall take effect immediately upon publication in the ,federal ,register4 7b7 ,application procedures2 processing fees2 documentation ,the interim final regulations issued under subsection 7a7 shall include-- 7#a7 the procedures by which an alien1 and the dependent spouse and children of such alien may apply for status under section #bde;,b of the ,immigration and ,nationality ,act1 as added by section #baja of this ,act1 as a registered provisional immigrant or a registered provisional immigrant dependent1 as applicable1 including the evidence required to demonstrate eligibility for such status or to be included in each application for such status2 7#b7 the criteria to be used by the ,secretary to determine-- 7,a7 the maximum processing fee payable under sections #bde;,b7c77#aj77;,b7 and #bde;,c7c77#e77;,a7 of such ,act by a family1 including spouses and unmarried children younger than #ba years of age2 and 7,b7 which individuals will be exempt from such fees2 7#c7 the documentation required to be submitted by the applicant to demonstrate compliance with section #bde;,c7b77#c7 of such ,act2 and 7#d7 the procedures for a registered provisional immigrant to apply for adjustment of status under section #bde;,c or #bde;,d of such ,act1 including the evidence required to be submitted with such application to demonstrate the applicant's eligibility for such adjustment4 7c7 ,exemption from ,national ,environmental ,policy ,act ,any decision by the ,secretary concerning any rulemaking action1 plan1 or program described in this section shall not be considered to be a major ,federal action subject to review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #baaa4 ,statutory construction ,except as specifically provided1 nothing in this subtitle1 or any amendment made by this subtitle1 may be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the ,united ,states or its agencies or officers or any other person4 ,b ,agricultural ,worker ,program #bbja4 ,short title ,this subtitle may be cited as the ,agricultural ,worker ,program ,act of #bjac4 #bbjb4 ,definitions ,in this subtitle3 7#a7 ,blue card status ,the term blue card status means the status of an alien who has been lawfully admitted into the ,united ,states for temporary residence under section #bbaa4 7#b7 ,agricultural employment ,the term agricultural employment-- 7,a7 subject to subparagraph 7,b7 has the meaning given such term in section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb71 without regard to whether the specific service or activity is temporary or seasonal2 and 7,b7 includes farming in all its branches1 the cultivation and tillage of the soil1 dairying1 the production1 cultivation1 growing1 and harvesting of any agricultural or horticultural commodities1 the raising of livestock1 bees1 fur-bearing animals1 or poultry1 and any practices 7including any forestry or lumbering operations7 performed by a farmer or on a farm as an incident to1 or in conjunction with1 such farming operations1 including preparation for market1 delivery to storage or to market or to carriers for transportation to market4 7#c7 ,child ,the term child has the meaning given the term in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a774 7#d7 ,employer ,the term employer means any person or entity1 including any farm labor contractor and any agricultural association1 that employs workers in agricultural employment4 7#e7 ,qualified designated entity ,the term qualified designated entity means-- 7,a7 a qualified farm labor organization or an association of employers designated by the ,secretary2 or 7,b7 any other entity that the ,secretary designates as having substantial experience1 demonstrated competence1 and a history of long-term involvement in the preparation and submission of application for adjustment of status under title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq474 7#f7 ,work day ,the term work day means any day in which the individual is employed #e4ge or more hours in agricultural employment4 #a ,program for earned status adjustment of agricultural workers ,a ,blue card status #bbaa4 ,requirements for blue card status 7a7 ,requirements for blue card status ,notwithstanding any other provision of law1 the ,secretary1 after conducting the national security and law enforcement clearances required under section #bde;,b7c77#d71 may grant blue card status to an alien who-- 7#a7 7,a7 performed agricultural employment in the ,united ,states for not fewer than #ege hours or #ajj work days during the #b-year period ending on ,december #ca1 #bjab2 or 7,b7 is the spouse or child of an alien described in paragraph 7#a72 7#b7 submits a completed application before the end of the period set forth in subsection 7b77#b72 and 7#c7 is not ineligible under paragraph 7#c7 or 7#d7 of section #bde;,b7b7 of the ,immigration and ,nationality ,act4 7b7 ,application 7#a7 ,in general ,an alien who meets the eligibility requirements set forth in subsection 7a77#a71 may apply for blue card status and that alien's spouse or child may apply for agricultural worker status as a dependent1 by submitting a completed application form to the ,secretary during the application period set forth in paragraph 7#b7 in accordance with the final rule promulgated by the ,secretary pursuant to subsection 7f74 7#b7 ,application period 7,a7 ,initial period ,except as provided in subparagraph 7,b71 the ,secretary may only accept applications for blue card status from aliens in the ,united ,states during the #a-year period beginning on the date on which the final rule is published in the ,federal ,register pursuant to subsection 7f74 7,b7 ,extension ,if the ,secretary determines1 during the initial period described in subparagraph 7,a71 that additional time is required to process applications for blue card status or for other good cause1 the ,secretary may extend the period for accepting applications for an additional #ah months4 7#c7 ,application form 7,a7 ,required information ,the application form referred to in paragraph 7#a7 shall collect such information as the ,secretary determines necessary and appropriate4 7,b7 ,family application ,the ,secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien1 his or her spouse1 and his or her children1 who are residing in the ,united ,states4 7,c7 ,interview ,the ,secretary may interview applicants for blue card status to determine whether they meet the eligibility requirements set forth in subsection 7a77#a74 7#d7 ,aliens apprehended before or during the application period ,if an alien1 who is apprehended during the period beginning on the date of the enactment of this ,act and ending on the application period described in paragraph 7#b71 appears prima facie eligible for blue card status1 the ,secretary-- 7,a7 shall provide the alien with a reasonable opportunity to file an application under this section during such application period2 and 7,b7 may not remove the individual until a final administrative determination is made on the application4 7#e7 ,suspension of removal during application period 7,a7 ,protection from detention or removal ,an alien granted blue card status may not be detained by the ,secretary or removed from the ,united ,states unless-- 7i7 such alien is1 or has become1 ineligible for blue card status under subsection 7a77#a77;,c72 or 7ii7 the alien's blue card status has been revoked under subsection 7#b74 7,b7 ,aliens in removal proceedings ,notwithstanding any other provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47-- 7i7 if the ,secretary determines that an alien1 during the period beginning on the date of the enactment of this section and ending on the last day of the application period described in paragraph 7#b71 is in removal1 deportation1 or exclusion proceedings before the ,executive ,office for ,immigration ,review and is prima facie eligible for blue card status under this section-- 7,i7 the ,secretary shall provide the alien with the opportunity to file an application for such status2 and 7,,ii7 upon motion by the ,secretary and with the consent of the alien or upon motion by the alien1 the ,executive ,office for ,immigration ,review shall-- 7aa7 terminate such proceedings without prejudice to future proceedings on any basis2 and 7bb7 provide the alien a reasonable opportunity to apply for such status2 and 7ii7 if the ,executive ,office for ,immigration ,review determines that an alien1 during the application period described in paragraph 7#b71 is in removal1 deportation1 or exclusion proceedings before the ,executive ,office for ,immigration ,review and is prima facie eligible for blue card status under this section-- 7,i7 the ,executive ,office of ,immigration ,review shall notify the ,secretary of such determination2 and 7,,ii7 if the ,secretary does not dispute the determination of prima facie eligibility within #g days after such notification1 the ,executive ,office for ,immigration ,review1 upon consent of the alien1 shall-- 7aa7 terminate such proceedings without prejudice to future proceedings on any basis2 and 7bb7 permit the alien a reasonable opportunity to apply for such status4 7,c7 ,treatment of certain aliens 7i7 ,in general ,if an alien who meets the eligibility requirements set forth in subsection 7a7 is present in the ,united ,states and has been ordered excluded1 deported1 or removed1 or ordered to depart voluntarily from the ,united ,states under any provision of this ,act-- 7,i7 notwithstanding such order or section #bda7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#e771 the alien may apply for blue card status under this section2 and 7,,ii7 if the alien is granted such status1 the alien shall file a motion to reopen the exclusion1 deportation1 removal1 or voluntary departure order1 which motion shall be granted unless #a or more of the grounds of ineligibility is established by clear and convincing evidence4 7ii7 ,limitations on motions to reopen ,the limitations on motions to reopen set forth in section #bdj7;c77#g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#g77 shall not apply to motions filed under clause 7i77,,ii74 7,d7 ,period pending adjudication of application 7i7 ,in general ,during the period beginning on the date on which an alien applies for blue card status under paragraph 7#a7 and the date on which the ,secretary makes a final decision regarding such application1 the alien-- 7,i7 may receive advance parole to reenter the ,united ,states if urgent humanitarian circumstances compel such travel2 7,,ii7 may not be detained by the ,secretary or removed from the ,united ,states unless the ,secretary makes a prima facie determination that such alien is1 or has become1 ineligible for blue card status under subsection 7a77#a77;c72 7,,iii7 shall not be considered unlawfully present for purposes of section #bab7;a77#i77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b772 and 7,,iv7 shall not be considered an unauthorized alien 7as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c7774 7ii7 ,evidence of application filing ,as soon as practicable after receiving each application for blue card status1 the ,secretary shall provide the applicant with a document acknowledging the receipt of such application4 7iii7 ,continuing employment ,an employer who 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 #bgd;,a7a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77#b77 if the employer continues to employ the alien pending the adjudication of the alien employee's application4 7iv7 ,effect of departure ,section #aja7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;g77 shall not apply to an alien granted-- 7,i7 advance parole under clause 7i77,i7 to reenter the ,united ,states2 or 7,,ii7 blue card status4 7#f7 ,security and law enforcement clearances 7,a7 ,biometric and biographic data ,the ,secretary may not grant blue card status to an alien or an alien dependent spouse or child under this section unless such alien submits biometric and biographic data in accordance with procedures established by the ,secretary4 7,b7 ,alternative procedures ,the ,secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data required under subparagraph 7,a7 because of a physical impairment4 7,c7 ,clearances 7i7 ,data collection ,the ,secretary shall collect1 from each alien applying for status under this section1 biometric1 biographic1 and other data that the ,secretary determines to be appropriate-- 7,i7 to conduct national security and law enforcement clearances2 and 7,,ii7 to determine whether there are any national security or law enforcement factors that would render an alien ineligible for such status4 7ii7 ,prerequisite ,the required clearances described in clause 7i77,i7 shall be completed before the alien may be granted blue card status4 7#g7 ,duration of status and extension 7,a7 ,in general ,after the date that is #h years after the date regulations are published under this section1 no alien may remain in blue card status4 7,b7 ,extension ,an extension of blue card status may not be granted by the ,secretary until renewed national security and law enforcement clearances have been completed with respect to the applicant1 to the satisfaction of the ,secretary4 7#h7 ,fees and penalties 7,a7 ,standard processing fee 7i7 ,in general ,aliens who are #af years of age or older and are applying for blue card status under paragraph 7#b71 or for an extension of such status1 shall pay a processing fee to the ,department of ,homeland ,security in an amount determined by the ,secretary4 7ii7 ,recovery of costs ,the processing fee authorized under clause 7i7 shall be set at a level that is sufficient to recover the full costs of processing the application1 including any costs incurred-- 7,i7 to adjudicate the application2 7,,ii7 to take and process biometrics2 7,,iii7 to perform national security and criminal checks1 including adjudication2 7,,iv7 to prevent and investigate fraud2 and 7,v7 to administer the collection of such fee4 7iii7 ,authority to limit fees ,the ,secretary1 by regulation1 may-- 7,i7 limit the maximum processing fee payable under this subparagraph by a family1 including spouses and unmarried children younger than #ba years of age2 and 7,,ii7 exempt defined classes of individuals from the payment of the fee authorized under clause 7i74 7,b7 ,deposit and use of processing fees ,fees collected pursuant to subparagraph 7,a77i7-- 7i7 shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a72 7ii7 may be used for the purposes set forth in section #f7;a77#c77;,b74 7,c7 ,penalty 7i7 ,payment ,in addition to the processing fee required under subparagraph 7,a71 aliens who are #ba years of age or older and are applying for blue card status under paragraph 7#b7 shall pay a #ajj penalty to the ,department4 7ii7 ,deposit ,penalties collected pursuant to clause 7i7 shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7#i7 ,adjudication 7,a7 ,failure to submit sufficient evidence ,the ,secretary shall deny an application submitted by an alien who fails to submit-- 7i7 requested initial evidence1 including requested biometric data2 or 7ii7 any requested additional evidence by the date required by the ,secretary4 7,b7 ,amended application ,an alien whose application for blue card status is denied under subparagraph 7,a7 may file an amended application for such status to the ,secretary if the amended application-- 7i7 is filed within the application period described in paragraph 7#b72 and 7ii7 contains all the required information and fees that were missing from the initial application4 7#aj7 ,evidence of blue card status 7,a7 ,in general ,the ,secretary shall issue documentary evidence of blue card status to each alien whose application for such status has been approved4 7,b7 ,documentation features ,documentary evidence provided under subparagraph 7,a7-- 7i7 shall be machine-readable and tamper-resistant1 and shall contain a digitized photograph2 7ii7 shall1 during the alien's authorized period of admission1 and any extension of such authorized admission1 serve as a valid travel and entry document for the purpose of applying for admission to the ,united ,states2 7iii7 may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section #bgd;,a7b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77#a77;,b772 and 7iv7 shall include such other features and information as the ,secretary may prescribe4 7c7 ,terms and conditions of blue card status 7#a7 ,conditions of blue card status 7,a7 ,employment ,notwithstanding any other provision of law1 including section #bda7;a77#g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#g771 an alien with blue card status shall be authorized to be employed in the ,united ,states while in such status4 7,b7 ,travel outside the united states ,an alien with blue card status may travel outside of the ,united ,states and may be admitted1 if otherwise admissible1 upon returning to the ,united ,states without having to obtain a visa if-- 7i7 the alien is in possession of-- 7,i7 valid1 unexpired documentary evidence of blue card status that complies with subsection 7b77#aa72 or 7,,ii7 a travel document that has been approved by the ,secretary and was issued to the alien after the alien's original documentary evidence was lost1 stolen1 or destroyed2 7ii7 the alien's absence from the ,united ,states did not exceed #ahj days1 unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control2 and 7iii7 the alien establishes that the alien is not inadmissible under subparagraph 7,a77i71 7,a77iii71 7,b71 or 7,c7 of section #bab7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c774 7,c7 ,admission ,an alien granted blue card status shall be considered to have been admitted in such status as of the date on which the alien's application was filed4 7,d7 ,clarification of status ,an alien granted blue card status-- 7i7 is lawfully admitted to the ,united ,states2 and 7ii7 may not be classified as a nonimmigrant or as an alien who has been lawfully admitted for permanent residence4 7#b7 ,revocation 7,a7 ,in general ,the ,secretary may revoke blue card status at any time after providing appropriate notice to the alien1 and after the exhaustion or waiver of all applicable administrative review procedures under section #bde;,e7c7 of the ,immigration and ,nationality ,act1 as added by section #bajd7;a7 of this ,act1 if the alien-- 7i7 no longer meets the eligibility requirements described in subsection 7a77#a77;,c72 7ii7 knowingly used documentation issued under this section for an unlawful or fraudulent purpose2 or 7iii7 was absent from the ,united ,states for-- 7,i7 any single period longer than #ahj days in violation of the requirement under paragraph 7#a77;,b77ii72 or 7,,ii7 for more than #ahj days in the aggregate during any calendar year1 unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control4 7,b7 ,additional evidence 7i7 ,in general ,in determining whether to revoke an alien's status under subparagraph 7,a71 the ,secretary may require the alien-- 7,i7 to submit additional evidence2 or 7,,ii7 to appear for an interview4 7ii7 ,effect of noncompliance ,the status of an alien who fails to comply with any requirement imposed by the ,secretary under clause 7i7 shall be revoked unless the alien demonstrates to the ,secretary's satisfaction that such failure was reasonably excusable4 7,c7 ,invalidation of documentation ,if an alien's blue card status is revoked under subparagraph 7,a71 any documentation issued by the ,secretary to such alien under subsection 7b77#aa7 shall automatically be rendered invalid for any purpose except for departure from the ,united ,states4 7#c7 ,ineligibility for public benefits ,an alien who has been granted blue card status is not eligible for any ,federal means-tested public benefit 7as such term is defined in section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac74 7#d7 ,treatment of blue card status ,a noncitizen granted blue card status shall be considered lawfully present in the ,united ,states for all purposes while such noncitizen remains in such status1 except that the noncitizen-- 7,a7 is not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf2 7,b7 shall be subject to the rules applicable to individuals who are not lawfully present set forth in subsection 7e7 of such section2 and 7,c7 shall be subject to the rules applicable to individuals who are not lawfully present set forth in section #adjb7;e7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7;e774 7#e7 ,adjustment to registered provisional immigrant status ,the ,secretary may adjust the status of an alien who has been granted blue card status to the status of a registered provisional immigrant under section #bde;,b if the ,secretary determines that the alien is unable to fulfill the agricultural service requirement set forth in section #bbab7;a77#a74 7d7 ,record of employment 7#a7 ,in general ,each employer of an alien granted blue card status shall annually provide-- 7,a7 a written record of employment to the alien2 and 7,b7 a copy of such record to the ,secretary of ,agriculture4 7#b7 ,civil penalties 7,a7 ,in general ,if the ,secretary finds1 after notice and an opportunity for a hearing1 that an employer of an alien granted blue card status has knowingly failed to provide the record of employment required under paragraph 7#a7 or has provided a false statement of material fact in such a record1 the employer shall be subject to a civil penalty in an amount not to exceed #ejj per violation4 7,b7 ,limitation ,the penalty under subparagraph 7,a7 for failure to provide employment records shall not apply unless the alien has provided the employer with evidence of employment authorization provided under subsection 7c74 7,c7 ,deposit of civil penalties ,civil penalties collected under this paragraph shall be deposited in the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7#c7 ,termination of obligation ,the obligation under paragraph 7#a7 shall terminate on the date that is #h years after the date of the enactment of this ,act4 7e7 ,rulemaking ,not later than #a year after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,agriculture1 shall issue final regulations for granting blue card status under this section4 #bbab4 ,adjustment to permanent resident status 7a7 ,in general ,except as provided in subsection 7b71 and not earlier than #e years after the date of the enactment of this ,act1 the ,secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the ,secretary determines that the following requirements are satisfied3 7#a7 ,qualifying employment ,except as provided in paragraph 7#c71 the alien-- 7,a7 during the #h-year period beginning on the date of the enactment of this ,act1 performed not less than #ajj work days of agricultural employment during each of #e years2 or 7,b7 during the #e-year period beginning on the date of the enactment of this ,act1 performed not less than #aej work days of agricultural employment during each of #c years4 7#b7 ,evidence ,an alien may demonstrate compliance with the requirement under paragraph 7#a7 by submitting-- 7,a7 the record of employment described in section #bbaa7;e72 7,b7 documentation that may be submitted under subsection 7e77#e72 or 7,c7 any other documentation designated by the ,secretary for such purpose4 7#c7 ,extraordinary circumstances 7,a7 ,in general ,in determining whether an alien has met the requirement under paragraph 7#a71 the ,secretary may credit the alien with not more than #ab additional months of agricultural employment in the ,united ,states to meet such requirement if the alien was unable to work in agricultural employment due to-- 7i7 pregnancy1 disabling injury1 or disease that the alien can establish through medical records2 7ii7 illness1 disease1 or other special needs of a child that the alien can establish through medical records2 7iii7 severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period of time2 or 7iv7 termination from agricultural employment1 if the ,secretary determines that-- 7,i7 the termination was without just cause2 and 7,,ii7 the alien was unable to find alternative agricultural employment after a reasonable job search4 7,b7 ,effect of determination ,a determination under subparagraph 7,a77iv71 with respect to an alien1 shall not be conclusive1 binding1 or admissible in a separate or subsequent judicial or administrative action or proceeding between the alien and a current or prior employer of the alien or any other party4 7#d7 ,application period ,the alien applies for adjustment of status before the alien's agricultural card status expires4 7#e7 ,fine ,the alien pays a fine of #djj to the ,secretary1 which shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7b7 ,grounds for denial of adjustment of status 7#a7 ,in general ,the ,secretary may not adjust the status of an alien granted blue card status if the alien-- 7,a7 is no longer eligible for blue card status2 or 7,b7 failed to perform the qualifying employment requirement under subsection 7a77#a71 considering any amount credited by the ,secretary under subsection 7a77#c74 7#b7 ,maintenance of waivers of inadmissibility ,the grounds of inadmissibility set forth in section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 that were previously waived for the alien or made inapplicable shall not apply for purposes of the alien's adjustment of status under this section4 7#c7 ,pending revocation proceedings ,if the ,secretary has notified the applicant that the ,secretary intends to revoke the applicant's blue card status1 the ,secretary may not approve an application for adjustment of status under this section unless the ,secretary makes a final determination not to revoke the applicant's status4 7#d7 ,payment of taxes 7,a7 ,in general ,an applicant may not file an application for adjustment of status under this section unless the applicant has satisfied any applicable ,federal tax liability4 7,b7 ,compliance ,the applicant may demonstrate compliance with subparagraph 7,a7 by submitting such documentation as the ,secretary1 in consultation with the ,secretary of the ,treasury1 may require by regulation4 7c7 ,spouses and children ,notwithstanding any other provision of law1 the ,secretary shall grant permanent resident status to the spouse or child of an alien whose status was adjusted under subsection 7a7 if-- 7#a7 the spouse or child applies for such status2 7#b7 the principal alien includes the spouse and children in an application for adjustment of status to that of a lawful permanent resident2 and 7#c7 the spouse or child is not ineligible under section #bde;,b7b77#c74 7d7 ,numerical limitations do not apply 7#a7 ,in general ,the numerical limitations under sections #bja and #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea and #aaeb7 shall not apply to the adjustment of aliens to lawful permanent resident status under this section4 7#b7 ,conforming amendment ,section #bja7;b77#a7 is amended by adding at the end the following3 7,f7 ,aliens granted lawful permanent resident status under section #bde;,b4 4 7e7 ,submission of applications 7#a7 ,interview ,the ,secretary may interview applicants for adjustment of status under this section to determine whether they meet the eligibility requirements set forth in this section4 7#b7 ,fees 7,a7 ,in general ,applicants for adjustment of status under this section shall pay a processing fee to the ,secretary in an amount that will ensure the recovery of the full costs of adjudicating such applications1 including-- 7i7 the cost of taking and processing biometrics2 7ii7 expenses relating to prevention and investigation of fraud2 and 7iii7 costs relating to the administration of the fees collected4 7,b7 ,authority to limit fees ,the ,secretary1 by regulation-- 7i7 may limit the maximum processing fee payable under this paragraph by a family1 including spouses and unmarried children younger than #ba years of age2 and 7ii7 may exempt individuals described in section #bde;,b7c77#aj7 of the ,immigration and ,nationality ,act1 as added by section #bbja of this ,act1 and other defined classes of individuals from the payment of the fee under subparagraph 7,a74 7#c7 ,disposition of fees 7,a7 ,in general ,all fees collected under paragraph 7#a77;,a7 shall be deposited as offsetting receipts into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7,b7 ,use of fees for application processing ,amounts deposited into the ,comprehensive ,immigration ,reform ,trust ,fund pursuant to subparagraph 7,a7 shall remain available to the ,secretary until expended for processing applications for agriculture card status or for adjustment of status under this section or section #bbaa4 7#d7 ,documentation of work history 7,a7 ,burden of proof ,an alien applying for blue card status under this section or for adjustment of status under subsection 7a7 has provided evidence that the alien has worked the requisite number of hours or days required under section #bbaa7;a77#a7 or subsection 7a77#c71 as applicable4 7,b7 ,timely production of records ,if an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment1 the alien's burden of proof under subparagraph 7,a7 may be met by securing timely production of those records under regulations to be promulgated by the ,secretary4 7,c7 ,sufficient evidence ,an alien may meet the burden of proof under subparagraph 7,a7 to establish that the alien has performed the days or hours of work referred to in subparagraph 7,a7 by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference4 7f7 ,limitation on access to information ,files and records collected or compiled by a qualified designated entity for the purposes of this section are confidential4 ,the ,secretary may not have access to such a file or record relating to an alien without the consent of the alien1 except as allowed by a court order issued pursuant to subsection 7g74 7g7 ,confidentiality of information ,except as otherwise provided in this section1 the ,secretary or any other official or employee of the ,department may not-- 7#a7 use information furnished by the applicant pursuant to an application filed under this subtitle1 the information provided by an applicant to a qualified designated entity1 or any information provided by an employer or former employer for any purpose other than to make a determination on the application or for imposing the penalties described in subsection 7h72 7#b7 make any publication in which the information furnished by any particular individual can be identified2 or 7#c7 permit a person other than a sworn officer or employee of the ,department or1 with respect to applications filed with a qualified designated entity1 that qualified designated entity1 to examine individual applications4 7h7 ,penalties for false statements in applications 7#a7 ,criminal penalty ,any person who-- 7,a7 files an application for blue card status under section #bbaa or an adjustment of status under this section and knowingly and willfully falsifies1 conceals1 or covers up a material fact or makes any false1 fictitious1 or fraudulent statements or representations1 or makes or uses any false writing or document knowing the same to contain any false1 fictitious1 or fraudulent statement or entry2 or 7,b7 creates or supplies a false writing or document for use in making such an application1 shall be fined in accordance with title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both4 7#b7 ,inadmissibility ,an alien who is convicted of a crime under paragraph 7#a7 shall be deemed inadmissible to the ,united ,states on the ground described in section #bab7;a77#f77;,c77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#f77;,c77i774 7#c7 ,deposit ,fines collected under paragraph 7#a7 shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7i7 ,eligibility for legal services ,section #ejd7;a77#aa7 of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiif 7,public ,law #ajd-acd2 #aaj ,stat4 #acba-ee7 may not be construed to prevent a recipient of funds under the ,legal ,services ,corporation ,act 7#db ,u4,s4,c4 #biif et seq47 from providing legal assistance directly related to an application for blue card status under section #bbaa or an adjustment of status under this section4 #bbac4 ,use of information ,beginning not later than the first day of the application period described in section #bbaa7;c77#a71 the ,secretary1 in cooperation with qualified designated entities1 shall broadly disseminate information respecting the benefits that aliens may receive under this subchapter and the requirements that an alien is required to meet to receive such benefits4 #bbad4 ,reports on blue cards ,not later than ,september #cj1 #bjac1 and annually thereafter for the next #h years1 the ,secretary shall submit a report to ,congress that identifies1 for the previous fiscal year-- 7#a7 the number of aliens who applied for blue card status2 7#b7 the number of aliens who were granted blue card status2 7#c7 the number of aliens who applied for an adjustment of status pursuant to section #bbab7;a72 and 7#d7 the number of aliens who received an adjustment of status pursuant section #bbab7;a74 #bbae4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary to implement this subpart1 including any sums needed for costs associated with the initiation of such implementation1 for fiscal years #bjac and #bjad4 ,b ,correction of social security records #bbba4 ,correction of social security records 7a7 ,in general ,section #bjh7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7;e77#a77 is amended-- 7#a7 in subparagraph 7,b77ii71 by striking or at the end2 7#b7 in subparagraph 7,c71 by inserting or at the end2 7#c7 by inserting after subparagraph 7,c7 the following3 7,d7 who is granted blue card status under the ,agricultural ,worker ,program ,act of #bjac1 2 and 7#d7 by striking #aiij4 and inserting #aiij1 or in the case of an alien described in subparagraph 7,d71 if such conduct is alleged to have occurred before the date on which the alien was granted blue card status under section #bbaa7;a7 of the ,agricultural ,worker ,program ,act of #bjac44 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the first day of the seventh month that begins after the date of the enactment of this ,act4 #b ,nonimmigrant agricultural visa program #bbca4 ,nonimmigrant classification for nonimmigrant agricultural workers ,section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 is amended-- 7#a7 in subparagraph 7,u71 by striking or at the end2 7#b7 in subparagraph 7,v71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,w7 an alien having a residence in a foreign country who is coming to the ,united ,states for a temporary period-- 7iii7 7,i7 to perform services or labor in agricultural employment and who has a written contract that specifies the wages1 benefits1 and working conditions of such full-time employment in an agricultural occupation with a designated agricultural employer for a specified period of time2 7,,ii7 who meets the requirements under section #bah;,a for a nonimmigrant visa described in this clause2 and 7,,iii7 with respect to whom the ,secretary of ,agriculture has notified the ,secretary of ,homeland ,security and the ,secretary of ,state that the intending employer has accepted the terms and conditions of such employment for such a nonimmigrant2 or 7iv7 7,i7 to perform services or labor in agricultural employment and who has an offer of full-time employment in an agricultural occupation from a designated agricultural employer for such employment and is not described in clause 7i72 7,,ii7 who meets the requirements under section #bah;,a for a nonimmigrant visa described in this clause2 and 7,,iii7 with respect to whom the ,secretary of ,agriculture has notified the ,secretary of ,homeland ,security and the ,secretary of ,state that the intending employer has accepted the terms and conditions of such employment for such a nonimmigrant4 4 #bbcb4 ,establishment of nonimmigrant agricultural worker program 7a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #baa et seq47 is amended by adding at the end the following3 #bah;,a4 ,nonimmigrant agricultural worker program 7a7 ,definitions ,in this section and in section #aja7;a77#ae77,w73 7#a7 ,agricultural employment ,the term agricultural employment-- 7,a7 subject to subparagraph 7,b7 has the meaning given such term in section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb71 without regard to whether the specific service or activity is temporary or seasonal2 and 7,b7 includes farming in all its branches1 the cultivation and tillage of the soil1 dairying1 the production1 cultivation1 growing1 and harvesting of any agricultural or horticultural commodities1 the raising of livestock1 bees1 fur-bearing animals1 or poultry1 and any practices 7including any forestry or lumbering operations7 performed by a farmer or on a farm as an incident to1 or in conjunction with1 such farming operations1 including preparation for market1 delivery to storage or to market or to carriers for transportation to market4 7#b7 ,at-will agricultural worker ,the term at-will agricultural worker means an alien present in the ,united ,states pursuant to section #aja7;a77#ae77,w77iv74 7#c7 ,blue card ,the term blue card means an employment authorization and travel document issued to an alien granted blue card status under section #bbaa7;a7 of the ,agricultural ,job ,opportunities1 ,benefits1 and ,security ,act of #bjac4 7#d7 ,contract agricultural worker ,the term contract agricultural worker means an alien present in the ,united ,states pursuant to section #aja7;a77#ae77,w77iii74 7#e7 ,designated agricultural employer ,the term designated agricultural employer means an employer who is registered with the ,secretary of ,agriculture pursuant to subsection 7e77#a74 7#f7 ,electronic job registry ,the term ,electronic ,job ,registry means the ,electronic ,job ,registry of a ,state workforce agency 7or similar successor registry74 7#g7 ,employer ,except as otherwise provided1 the term employer means any person or entity1 including any farm labor contractor and any agricultural association1 that employs workers in agricultural employment4 7#h7 ,nonimmigrant agricultural worker ,the term nonimmigrant agricultural worker mean a nonimmigrant described in clause 7iii7 or 7iv7 of section #aja7;a77#ae77,w74 7#i7 ,program ,the term ,program means the ,nonimmigrant ,agricultural ,worker ,program established under subsection 7b74 7#aj7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,agriculture4 7#aa7 ,united ,states worker ,the term ,united ,states worker means an individual who-- 7,a7 is a national of the ,united ,states2 or 7,b7 is an alien who-- 7i7 is lawfully admitted for permanent residence2 7ii7 is admitted as a refugee under section #bjg2 7iii7 is granted asylum under section #bjh2 7iv7 holds an blue card2 or 7v7 is an immigrant otherwise authorized by this ,act or by the ,secretary of ,homeland ,security to be employed in the ,united ,states4 7b7 ,requirements 7#a7 ,employer ,an employer may not employ an alien for agricultural employment under the ,program unless such employer is a designated agricultural employer and complies with the terms of this section4 7#b7 ,worker ,an alien may not be employed for agricultural employment under the ,program unless such alien is a nonimmigrant agricultural worker and complies with the terms of this section4 7c7 ,numerical limitation 7#a7 ,first #e years of program 7,a7 ,in general ,subject to paragraph 7#b71 the worldwide level of visas for nonimmigrant agricultural workers for the fiscal year during which the first visa is issued to a nonimmigrant agricultural worker and for each of the following #d fiscal years shall be equal to-- 7i7 #aab1ccc2 and 7ii7 the numerical adjustment made by the ,secretary for such fiscal year in accordance with paragraph 7#b74 7,b7 ,quarterly allocation ,the annual allocation of visas described in subparagraph 7,a7 shall be evenly allocated between the #d quarters of the fiscal year unless the ,secretary determines that an alternative allocation would better accommodate the seasonal demand for visas4 ,any unused visas in a quarter shall be added to the allocation for the subsequent quarter of the same fiscal year4 7,c7 ,effect of #bnd or subsequent designated agricultural employer ,a nonimmigrant agricultural worker who has a valid visa issued under this section that counted against the allocation described in subparagraph 7,a7 shall not be recounted against the allocation if the worker is petitioned for by a subsequent designated agricultural employer4 7#b7 ,annual adjustments for first #e years of program 7,a7 ,in general ,the ,secretary1 after reviewing relevant evidence submitted by agricultural producers and organizations representing agricultural workers1 may increase or decrease1 as appropriate1 the worldwide level of visas under paragraph 7#a7 for each of the #e fiscal years referred to in paragraph 7#a7 based on the following factors3 7i7 ,a demonstrated shortage of agricultural workers4 7ii7 ,the level of unemployment and underemployment of agricultural workers during the preceding fiscal year4 7iii7 ,the number of applications for blue card status4 7iv7 ,the number of blue card visa applications approved4 7v7 ,the number of nonimmigrant agricultural workers sought by employers during the preceding fiscal year4 7vi7 ,the estimated number of ,united ,states workers1 including blue card workers1 who worked in agriculture during the preceding fiscal year4 7vii7 ,the number of nonimmigrant agricultural workers issued a visa in the most recent fiscal year who remain in the ,united ,states in compliance with the terms of such visa4 7viii7 ,the number of ,united ,states workers who accepted jobs offered by employers using the ,electronic ,job ,registry during the preceding fiscal year4 7ix7 ,any growth or contraction of the ,united ,states agricultural industry that has increased or decreased the demand for agricultural workers4 7x7 ,any changes in the real wages paid to agricultural workers in the ,united ,states as an indication of a shortage or surplus of agricultural labor4 7,b7 ,notification2 implementation ,the ,secretary shall notify the ,secretary of ,homeland ,security of any change to the worldwide level of visas for nonimmigrant agricultural workers4 ,the ,secretary of ,homeland ,security shall implement such changes4 7,c7 ,emergency procedures ,the ,secretary shall establish1 by regulation1 procedures for immediately adjusting an annual allocation under paragraph 7#a7 for severe labor shortages1 as determined by the ,secretary4 7#c7 ,sixth and subsequent years of program ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall establish the worldwide level of visas for nonimmigrant agricultural workers for each fiscal year following the fiscal years referred to in paragraph 7#a7 after considering appropriate factors1 including-- 7,a7 a demonstrated shortage of agricultural workers2 7,b7 the level of unemployment and underemployment of agricultural workers during the preceding fiscal year2 7,c7 the number of applications for blue card status2 7,d7 the number of blue card visa applications approved2 7,e7 the number of nonimmigrant agricultural workers sought by employers during the preceding fiscal year2 7,f7 the estimated number of ,united ,states workers1 including blue card workers1 who worked in agriculture during the preceding fiscal year2 7,g7 the number of nonimmigrant agricultural workers issued a visa in the most recent fiscal year who remain in the ,united ,states in compliance with the terms of such visa2 7,h7 the number of ,united ,states workers who accepted jobs offered by employers using the ,electronic ,job ,registry during the preceding fiscal year2 7,i7 any growth or contraction of the ,united ,states agricultural industry that has increased or decreased the demand for agricultural workers2 and 7,j7 any changes in the real wages paid to agricultural workers in the ,united ,states as an indication of a shortage or surplus of agricultural labor4 7d7 ,requirements for nonimmigrant agricultural workers 7#a7 ,eligibility for nonimmigrant agricultural worker status 7,a7 ,in general ,an alien is not eligible to be admitted to the ,united ,states as a nonimmigrant agricultural worker if the alien-- 7i7 violated a material term or condition of a previous admission as a nonimmigrant agricultural worker during the most recent #c-year period 7other than a contract agricultural worker who voluntarily abandons his or her employment before the end of the contract period or whose employment is terminated by the employer for cause72 7ii7 has not obtained successful clearance of any security and criminal background checks required by the ,secretary of ,homeland ,security or any other examination required under this ,act2 or 7iii7 7,i7 departed from the ,united ,states while subject to an order of exclusion1 deportation1 or removal1 or pursuant to an order of voluntary departure2 and 7,,ii7 7aa7 is outside of the ,united ,states2 or 7bb7 has reentered the ,united ,states illegally after ,december #ca1 #bjab without receiving consent to the alien's reapplication for admission under section #bab7;a77#i74 7,b7 ,waiver ,the ,secretary may waive the application of subparagraph 7,a77iii7 on behalf of an alien if the alien-- 7i7 is the spouse or child of a ,united ,states citizen or lawful permanent resident2 7ii7 is the parent of a child who is a ,united ,states citizen or lawful permanent resident2 7iii7 meets the requirements set forth in clause 7ii7 or 7iii7 of section #bde;,d7b77#a77;,a72 or 7iv7 7,i7 meets the requirements set forth in section #bde;,d7b77#a77;,a77ii72 7,,ii7 is #af years or older on the date on which the alien applies for nonimmigrant agricultural status2 and 7,,iii7 was physically present in the ,united ,states for an aggregate period of not less than #c years during the #f-year period immediately preceding the date of the enactment of this section4 7#b7 ,term of stay for nonimmigrant agricultural workers 7,a7 ,in general 7i7 ,initial admission ,a nonimmigrant agricultural worker may be admitted into the ,united ,states in such status for an initial period of #c years4 7ii7 ,renewal ,a nonimmigrant agricultural worker may renew such worker's period of admission in the ,united ,states for #a additional #c-year period4 7,b7 ,break in presence ,a nonimmigrant agricultural worker who has been admitted to the ,united ,states for #b consecutive periods under subparagraph 7,a7 is ineligible to renew the alien's nonimmigrant agricultural worker status until such alien-- 7i7 returns to a residence outside the ,united ,states for a period of not less than #c months2 and 7ii7 seeks to reenter the ,united ,states under the terms of the ,program as a nonimmigrant agricultural worker4 7#c7 ,loss of status 7,a7 ,in general ,an alien admitted as a nonimmigrant agricultural worker shall be ineligible for such status and shall be required to depart the ,united ,states if such alien-- 7i7 after the completion of his or her contract with a designated agricultural employer1 is not employed in agricultural employment by a designated agricultural employer2 or 7ii7 is an at-will agricultural worker and is not continuously employed by a designated agricultural employer in agricultural employment as an at-will agricultural worker4 7,b7 ,exception ,subject to subparagraph 7,c71 a nonimmigrant agricultural worker has not violated subparagraph 7,a7 if the contract agricultural worker is not employed in agricultural employment for a period not to exceed #fj days4 7,c7 ,waiver ,notwithstanding subparagraph 7,b71 the ,secretary of ,homeland ,security may waive the application of clause 7i7 or 7ii7 of subparagraph 7,a7 for a nonimmigrant agricultural worker who was not employed in agricultural employment for a period of more than #fj days if such period of unemployment was due to-- 7i7 the injury of such worker2 or 7ii7 a natural disaster declared by the ,secretary4 7,d7 ,tolling of employment requirement ,a nonimmigrant agricultural worker may leave the ,united ,states for up to #fj days in any fiscal year while in such status4 ,during the period in which the worker is outside of the ,united ,states1 the #fj-;day limit specified in subparagraph 7,b7 shall be tolled4 7#d7 ,portability of status 7,a7 ,contract agricultural workers 7i7 ,in general ,except as provided in clause 7ii71 an alien who entered the ,united ,states as a contract agricultural worker may-- 7,i7 seek employment as a nonimmigrant agricultural worker with a designated agricultural employer other than the designated agricultural employer with whom the employee had a contract described in section #aja7;a77#ae77,w77ii77,i72 and 7,,ii7 accept employment with such new employer after the date the contract agricultural worker completes such contract4 7ii7 ,voluntary abandonment2 termination for cause ,a contract agricultural worker who voluntarily abandons his or her employment before the end of the contract period or whose employment is terminated for cause by the employer-- 7,i7 may not accept subsequent employment with another designated agricultural employer without first departing the ,united ,states and reentering pursuant to a new offer of employment2 and 7,,ii7 is not entitled to the #ge percent payment guarantee described in subsection 7e77#d77;,b74 7iii7 ,termination by mutual agreement ,the termination of an employment contract by mutual agreement of the designated agricultural employer and the contract agricultural worker shall not be considered voluntary abandonment for purposes of clause 7ii74 7,b7 ,at-will agricultural workers ,an alien who entered the ,united ,states as an at-will agricultural worker may seek employment as an at-will agricultural worker with any other designated agricultural employer referred to in section #aja7;a77#ae77,w77iii77,i74 7#e7 ,prohibition on geographic limitation ,a nonimmigrant visa issued to a nonimmigrant agricultural worker-- 7,a7 shall not limit the geographical area within which such worker may be employed2 7,b7 shall not limit the type of agricultural employment such worker may perform2 and 7,c7 may restrict such worker to employment with designated agricultural employers4 7#f7 ,treatment of spouses and children ,a spouse or child of a nonimmigrant agricultural worker-- 7,a7 shall not be entitled to visa or other immigration status by virtue of the relationship of such spouse or child to such worker2 and 7,b7 may be provided status as a nonimmigrant agricultural worker if the spouse or child is independently qualified for such status4 7e7 ,employer requirements 7#a7 ,designated agricultural employer status 7,a7 ,registration requirement ,each employer seeking to employ nonimmigrant agricultural workers shall register for designated agricultural employer status by submitting to the ,secretary1 through the ,farm ,service ,agency in the geographic area of the employer or electronically to the ,secretary1 a registration that includes-- 7i7 the employer's employer identification number2 and 7ii7 a registration fee1 in an amount determined by the ,secretary4 7,b7 ,criteria ,the ,secretary shall grant designated agricultural employer status to an employer who submits an registration for such status that includes-- 7i7 documentation that the employer is engaged in agriculture2 7ii7 the estimated number of nonimmigrant agricultural workers the employer will need each year2 7iii7 the anticipated periods during which the employer will need such workers2 and 7iv7 documentation establishing need for a specified agricultural occupation or occupations4 7,c7 ,designation 7i7 ,registration number ,the ,secretary shall assign each employer that meets the criteria established pursuant to subparagraph 7,b7 with a designated agricultural employer registration number4 7ii7 ,term of designation ,each employer granted designated agricultural employer status under this paragraph shall retain such status for a term of #c years4 7,d7 ,assistance ,in carrying out the functions described in this subsection1 the ,secretary may work through the ,farm ,service ,agency1 or any other agency in the ,department of ,agriculture-- 7i7 to assist agricultural employers with the registration process under this paragraph by providing such employers with-- 7,i7 technical assistance and expertise2 7,,ii7 internet access for submitting such applications2 and 7,,iii7 a nonelectronic means for submitting such registrations2 and 7ii7 to provide resources about the ,program1 including best practices and compliance related assistance and resources or training to assist in retention of such workers to agricultural employers4 7,e7 ,deposit of registration fee ,all registration fees collected under subparagraph 7,a77ii7 shall be deposited in the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#b7 ,nonimmigrant agricultural worker petition process 7,a7 ,in general ,not later than #de days before the date on which nonimmigrant agricultural workers are needed1 a designated agricultural employer seeking to employ such workers shall submit a petition to the ,secretary of ,homeland ,security that includes the employer's designated agricultural employer registration number4 7,b7 ,attestation ,an application submitted under subparagraph 7,a7 shall include an attestation of the following 7i7 the number of named or unnamed nonimmigrant agricultural workers the designated agricultural employer is seeking to employ during the applicable period of employment2 7ii7 the total number of contract agricultural workers and of at-will agricultural workers the employer will require for each occupational category2 7iii7 the anticipated period1 including expected beginning and ending dates1 during which such employees will be needed2 7iv7 evidence of contracts or written disclosures of employment terms and conditions in accordance with the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq471 which have been provided to the nonimmigrant agricultural workers1 or a sample of such contract or disclosure for unnamed workers2 7v7 the information submitted to the ,state workforce agency pursuant to paragraph 7#c77;,a77i72 7vi7 the record of ,united ,states workers described in paragraph 7#c77;,a77iv7 on the date of the request2 7vii7 evidence of offers of employment made to ,united ,states workers as required under paragraph 7#c77;,b72 and 7viii7 that the employer has complied with the conditions pursuant to 7#d77;,a7 and 7#d77;,b74 7,c7 ,employment authorization when changing employers ,nonimmigrant agricultural workers in the ,united ,states who are identified in a petition submitted pursuant to subparagraph 7,a7 and are in lawful status may commence employment with their designated agricultural employer after such employer has submitted such petition to the ,secretary of ,homeland ,security4 7#c7 ,employment of united states workers 7,a7 ,recruitment 7i7 ,filing a job offer with the local office of the state workforce agency ,not later than #fj days before the date on which the employer desires to employ a nonimmigrant agricultural worker1 the employer shall submit the job posting for such worker to the local office of the ,state workforce agency where the job site is located and authorize the posting of the job opportunity on ,america's ,job ,bank or other ,electronic ,job ,registry for a period of #de days4 ,nothing in this clause may be construed to require the employer to file an interstate job order under section #fec4ejj of title #bj1 ,code of ,federal ,regulations4 7ii7 ,construction ,nothing in clause 7i7 may be construed to cause a listing referred to in clause 7i7 to be treated as an interstate job order under section #fec4ejj of title #bj1 ,code of ,federal ,regulations 7or similar successor regulation74 7iii7 ,record of united states workers ,an employer shall keep a record of all eligible1 able1 willing1 and qualified ,united ,states workers who apply for agricultural employment with the employer for the agricultural employment for which the nonimmigrant agricultural nonimmigrant workers are sought4 7,b7 ,requirement to hire 7i7 ,united states workers ,an employer may not seek a nonimmigrant agricultural worker for agricultural employment unless the employer offers such employment to any equally or better qualified ,united ,states worker who will be available at the time and place of need and who applies for such employment during the recruitment period4 7ii7 blue card status ,except as provided in clause 7iii71 the employer shall1 for each job to be filled by a nonimmigrant agricultural worker1 offer the job to any eligible alien with blue card status who-- 7,i7 applies for such job2 7,,ii7 is equally or better qualified for the job2 and 7,,iii7 will be available at the time and place of need4 7iii7 ,exception ,notwithstanding clauses 7i7 and 7ii71 the employer may hire a nonimmigrant described in section #aja7;a77#ae77;,h77ii77a7 for agricultural employment if-- 7,i7 such worker worked for the employer for #c years during the #d-year period ending on the date on which the program authorized under section #bah 7as in effect on the date of the enactment of the ,agricultural ,worker ,program ,act of #bjac7 is terminated2 and 7,,ii7 the employer pays such worker the adverse effect wage rate calculated under subsection 7f77#e74 7#d7 ,additional program requirements for designated agricultural employers ,each designated agricultural employer shall comply with the following requirements3 7,a7 ,no displacement of united states workers 7i7 ,in general ,the employer shall not displace a ,united ,states worker employed by the employer1 other than for good cause1 during the period of employment of the nonimmigrant agricultural worker and for a period of #cj days preceding such period in the occupation and at the location of employment for which the employer seeks to employ nonimmigrant agricultural workers4 7ii7 ,labor dispute ,the employer shall not employ a nonimmigrant agricultural worker for a specific job for which the employer is requesting a nonimmigrant agricultural worker because the former occupant of the job is on strike or being locked out in the course of a labor dispute4 7,b7 ,guarantee of employment for contract agricultural workers 7i7 ,offer to contract worker ,the employer shall guarantee to offer contract agricultural workers employment for the hourly equivalent of at least #ge percent of the work days of the total period of employment1 beginning with the first work day after the arrival of the worker at the place of employment and ending on the expiration date specified in the job offer4 ,in this clause1 the term hourly equivalent means the number of hours in the work days as stated in the job offer and shall exclude the worker's ,sabbath and ,federal holidays4 ,if the employer affords the contract agricultural worker less employment than the number of hours required under this subparagraph1 the employer shall pay such worker the amount the worker would have earned had the worker worked the guaranteed number of hours4 7ii7 ,failure to work ,any hours which the worker fails to work1 up to a maximum of the number of hours specified in the job offer for a work day1 when the worker has been offered an opportunity to do so1 and all hours of work actually performed 7including voluntary work in excess of the number of hours specified in the job offer in a work day1 on the worker's ,sabbath1 or on ,federal holidays7 may be counted by the employer in calculating whether the period of guaranteed employment has been met4 7iii7 ,contract impossibility ,if1 before the expiration of the period of employment specified in the job offer1 the services of a contract agricultural worker are no longer required for reasons beyond the control of the employer due to any form of natural disaster1 including a flood1 hurricane1 freeze1 earthquake1 fire1 drought1 plant or animal disease or pest infestation1 or regulatory drought1 before the guarantee in subparagraph 7,a7 is fulfilled1 the employer-- 7,i7 may terminate the worker's employment2 7,,ii7 shall fulfill the employment guarantee described in subparagraph 7,b7 for the work days that have elapsed from the first work day after the arrival of the worker to the termination of employment2 7,,iii7 shall make efforts to transfer the worker to other comparable employment acceptable to the worker2 and 7,,iv7 if such a transfer does not take place1 shall provide the return transportation required under subparagraph 7,j74 7,c7 ,workers' compensation 7i7 ,requirement to provide ,if a job referred to in paragraph 7#c7 is not covered by the ,state workers' compensation law1 the employer shall provide1 at no cost to the nonimmigrant agricultural worker1 insurance covering injury and disease arising out of1 and in the course of1 such job4 7ii7 ,benefits ,the insurance required to be provided under clause 7i7 shall provide benefits at least equal to those provided under and pursuant to ,state's workers' compensation law for comparable employment4 7,d7 ,prohibition for use for nonagricultural services ,the employer may not employ a nonimmigrant agricultural worker for employment other than agricultural employment4 7,e7 ,wages ,the employer shall pay the wage required under subsection 7f74 7,f7 ,deduction of wages ,the employer shall make only deductions from a nonimmigrant agricultural worker's wages that are authorized by law or are reasonable and customary in the occupation and area of employment of such worker4 7,g7 ,requirement to provide housing or a housing allowance 7i7 ,in general ,except as provided in clauses 7iv7 and 7v71 a designated agricultural employer shall offer to provide a nonimmigrant agricultural worker with housing in accordance with clause 7ii7 or 7iii74 7ii7 ,housing ,an employer may provide housing to a nonimmigrant agricultural worker that meets-- 7,i7 applicable ,federal standards for temporary labor camps2 or 7,,ii7 applicable local standards 7or1 in the absence of applicable local standards1 ,state standards7 for rental or public accommodation housing or other substantially similar class of habitation4 7iii7 ,housing payments 7,i7 ,public housing ,if the employer arranges public housing for nonimmigrant agricultural workers through a ,state1 county1 or local government program and such public housing units normally require payments from tenants1 such payments shall be made by the employer directly to the landlord4 7,,ii7 ,deposits ,deposits for bedding or other similar incidentals related to housing shall not be collected from workers by employers who provide housing for such workers4 7,,iii7 ,damages ,the employer may require any worker who is responsible for damage to housing that did not result from normal wear and tear related to habitation to reimburse the employer for the reasonable cost of repairing such damage4 7iv7 ,housing allowance alternative 7,i7 ,in general ,the employer may provide a reasonable housing allowance instead of providing housing under clause 7i74 ,upon the request of a worker seeking assistance in locating housing1 the employer shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment4 ,an employer who offers a housing allowance to a worker or assists a worker in locating housing1 which the worker occupies shall not be deemed a housing provided under section #bjc of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahbc7 solely by virtue of providing such housing allowance4 ,no housing allowance may be used for housing that is owned or controlled by the employer4 7,,ii7 ,certification requirement ,contract agricultural workers may only be provided a housing allowance if the ,governor of the ,state in which the place of employment is located certifies to the ,secretary that there is adequate housing available in the area of intended employment for migrant farm workers and contract agricultural workers who are seeking temporary housing while employed in agricultural work4 ,such certification shall expire after #c years unless renewed by the ,governor of the ,state4 7,,iii7 ,amount of allowance 7aa7 ,nonmetropolitan counties ,if the place of employment of the workers provided an allowance under this clause is a nonmetropolitan county1 the amount of the housing allowance under this clause shall be equal to the average fair market rental for existing housing in nonmetropolitan counties in the ,state in which the place of employment is located1 as established by the ,secretary of ,housing and ,urban ,development pursuant to section #h7;c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c771 based on a #b-;bedroom dwelling unit and an assumption of #b persons per bedroom4 7bb7 ,metropolitan counties ,if the place of employment of the workers provided an allowance under this clause is a metropolitan county1 the amount of the housing allowance under this clause shall be equal to the average fair market rental for existing housing in metropolitan counties in the ,state in which the place of employment is located1 as established by the ,secretary of ,housing and ,urban ,development pursuant to section #h7;c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c771 based on a #b-;bedroom dwelling unit and an assumption of #b persons per bedroom4 7v7 ,exception for commuting workers ,nothing in this subparagraph may be construed to require an employer to provide housing or a housing allowance to workers who reside outside of the ,united ,states if their place of residence is within normal commuting distance and the job site is within #ej miles of an international land border of the ,united ,states4 7,h7 ,worksite transportation for contract workers ,during the period a designated agricultural employer employs a contract worker1 such employer shall1 at the employer's option1 provide or reimburse the contract worker for the cost of transportation from the contract worker's residence in the ,united ,states to the contract worker's place of employment4 7,i7 ,reimbursement of transportation to place of employment 7i7 ,in general ,except as provided in subclause 7,,ii7 a contract agricultural worker who completes at least #bg months under his or her contract with the same designated agricultural employer shall be reimbursed by that employer for the cost of the worker's transportation and subsistence from the place of employment to the place from which the worker came from abroad to work for the employer4 7ii7 ,limitation ,except as provided in clause 7iii71 the amount of reimbursement provided under clause 7i7 to a worker shall not exceed the lesser of-- 7,i7 the actual cost to the worker of the transportation and subsistence involved2 or 7,,ii7 the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved4 7iii7 ,distance traveled ,the employer shall not be required to reimburse a worker under clause 7i7 if-- 7,i7 the distance traveled is #ajj miles or less2 or 7,,ii7 the worker is not residing in employer-provided housing or housing secured through an allowance described in subclause 7,i77iv74 7,j7 ,reimbursement of transportation from place of employment 7i7 ,in general 7,i7 ,in general ,except as provided in subclause 7,,ii71 a contract agricultural worker who completes at least #ge percent of a contract for a designated agricultural employer shall be reimbursed by the employer for the cost of the worker's transportation and subsistence from the place of employment to the place from which the worker came to work for the employer4 7,,ii7 ,exception ,if a contract agricultural worker was employed by another designated agricultural worker after terminating employment with the designated agricultural employer described in subclause 7,i7 and before returning to the place outside the ,united ,states from which the worker came1 the subsequent designated agricultural employer shall reimburse the worker for the costs described in subclause 7,i74 7,,iii7 ,single trip ,a contract agricultural worker is only entitled to be reimbursed by a designated agricultural employer under this subparagraph for travel to the place from which the worker came at the time the worker is leaving the ,program4 7ii7 ,limitation ,except as provided in clause 7iii71 the amount of reimbursement provided under clause 7i7 to a worker shall not exceed the lesser of-- 7,i7 the actual cost to the worker of the transportation and subsistence involved2 or 7,,ii7 the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved4 7iii7 ,distance traveled ,the employer shall not be required to reimburse a worker under clause 7i7 if-- 7,i7 the distance traveled is #ajj miles or less2 or 7,,ii7 the worker is not residing in employer-provided housing or housing secured through an allowance described in subclause 7,i77iv74 7iv7 ,early termination ,if a contract agricultural worker is laid off or the worker's employment is terminated for contract impossibility 7as described in subparagraph 7,c77iii77 before completing #ge percent of such contract1 the employer shall reimburse the worker for the costs described in clause 7i77,i74 7#e7 ,violation of program requirements ,if the ,secretary determines1 after an opportunity for a hearing1 that a designated agricultural employer has violated a term under this section the ,secretary may-- 7,a7 impose penalties1 including fines2 and 7,b7 for serious violations1 disqualify the employer from future enrollment in the ,program for a period of not more than #c years4 7f7 ,wages 7#a7 ,wage rate requirement 7,a7 ,in general ,a nonimmigrant agricultural worker employed by a designated agricultural employer shall be paid the wage rate for such employment set forth in paragraph 7#c74 7,b7 ,workers paid on a piece rate or other incentive basis ,if an employer pays by the piece rate or other incentive method and requires one or more minimum productivity standards as a condition of job retention1 such standards shall be specified in the job offer and be no more than those which have been normally required 7at the time of the employee's initial entry into the country as a nonimmigrant agricultural worker7 by other employers for the activity in the geographic area of the job1 unless the ,secretary approves a higher standard4 7#b7 ,job categories ,for purposes of paragraph 7#a71 each nonimmigrant agricultural worker employed by such employer shall be assigned to #a of the following standard occupational classifications1 as defined by the ,bureau of ,labor ,statistics3 7,a7 ,first-,line ,supervisors of ,farming1 ,fishing1 and ,forestry ,workers 7#de-ajaa74 7,b7 ,animal ,breeders 7#de-bjba74 7,c7 ,graders and ,sorters1 ,agricultural ,products 7#de-bjda74 7,d7 ,agricultural equipment operator 7#de-bjia74 7,e7 ,farmworkers and ,laborers1 ,crop1 ,nursery1 and ,greenhouse 7#de-bjib74 7,f7 ,farmworkers1 ,farm1 ,ranch and ,aquacultural ,animals 7#de-bjic74 7#c7 ,determination of wage rate 7,a7 ,fiscal years #bjad through #bjaf ,the wage rate under this subparagraph for fiscal years #bjad through #bjaf shall be the higher of-- 7i7 the applicable ,federal1 ,state or local minimum wage2 or 7ii7 7,i7 for the category described in paragraph 7#b77;,c7-- 7aa7 #i4cg for fiscal year #bjad2 7bb7 #i4fj for fiscal year #bjae2 and 7cc7 #i4hd for fiscal year #bjaf2 7,,ii7 for the category described in paragraph 7#b77;,d7-- 7aa7 #aa4cj for fiscal year #bjad2 7bb7 #aa4eh for fiscal year #bjae2 and 7cc7 #aa4hg for fiscal year #bjaf2 7,,iii7 for the category described in paragraph 7#b77;,e7-- 7aa7 #i4ag for fiscal year #bjad2 7bb7 #i4dj for fiscal year #bjae2 and 7cc7 #i4fd for fiscal year #bjaf2 and 7,,iv7 for the category described in paragraph 7#b77;,f7-- 7aa7 #aj4hb for fiscal year #bjad2 7bb7 #aa4ji for fiscal year #bjae2 and 7cc7 #aa4cg for fiscal year #bjaf2 7,b7 ,subsequent years ,the ,secretary shall increase the hourly wage rates set forth in clauses 7i7 through 7iv7 of subparagraph 7,a71 for each fiscal year after the fiscal years described in subparagraph 7,a7 by an amount equal to-- 7i7 #a4e percent1 if the percentage increase in the ,employment ,cost ,index for wages and salaries during the previous fiscal year1 as calculated by the ,bureau of ,labor ,statistics1 is less than #a4e percent2 7ii7 the percentage increase in such ,employment ,cost ,index1 if such percentage increase is between #a4e percent and #b4e percent1 inclusive2 or 7iii7 #b4e percent1 if such percentage increase is greater than #b4e percent4 7,c7 ,agricultural supervisors and animal breeders ,not later than ,september #a1 #bjae1 and annually thereafter1 the ,secretary1 in consultation with the ,secretary of ,labor1 shall establish the prevailing wage for the next fiscal year for each of the job categories set out in subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 7,d7 ,survey by ,bureau of ,labor ,statistics ,not later than ,april #ae1 #bjae1 the ,bureau of ,labor ,statistics shall consult with the ,secretary to expand the ,occupational and ,employment ,survey to survey agricultural producers and contractors and produce improved wage data by ,state and the job categories set out in subparagraphs 7,a7 through 7,f7 of paragraph 7#b74 7#d7 ,consideration ,in determining the wage rate under paragraph 7#c71 the ,secretary may consider appropriate factors1 including-- 7,a7 whether the employment of additional alien workers at the prevailing wage will adversely affect the wages and working conditions of workers in the ,united ,states similarly employed2 7,b7 whether the employment in the ,united ,states of an alien admitted under section #aja7;a77#ae77;,h77ii77a7 or unauthorized aliens in the agricultural workforce has depressed wages of ,united ,states workers engaged in agricultural employment below the levels that would otherwise have prevailed if such aliens had not been employed in the ,united ,states2 7,c7 whether wages of agricultural workers are sufficient to support such workers and their families at a level above the poverty thresholds determined by the ,bureau of ,census2 7,d7 the wages paid workers in the ,united ,states who are not employed in agricultural employment but who are employed in comparable employment2 7,e7 the continued exclusion of employers of nonimmigrant alien workers in agriculture from the payment of taxes under chapter #ba of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #caja et seq47 and chapter #bc of such ,code 7#bf ,u4,s4,c4 #ccja et seq472 7,f7 the impact of farm labor costs in the ,united ,states on the movement of agricultural production to foreign countries2 7,g7 a comparison of the expenses and cost structure of foreign agricultural producers to the expenses incurred by agricultural producers based in the ,united ,states2 and 7,h7 the accuracy and reliability of the ,occupational and ,employment ,survey4 7#e7 ,adverse effect wage rate 7,a7 ,prohibition of modification ,the adverse effect wage rates in effect on ,april #ae1 #bjac1 for nonimmigrants admitted under #aja7;a77#ae77;,h77ii77a7-- 7i7 shall remain in effect until the date described in section #bbcc of the ,agricultural ,worker ,program ,act of #bjac2 and 7ii7 may not be modified except as provided in subparagraph 7,b74 7,b7 ,exception ,until the ,secretary establishes the wage rates required under paragraph 7#c77;,c71 the adverse effect wage rates in effect on the date of the enactment of the ,agricultural ,worker ,program ,act of #bjac shall be-- 7i7 deemed to be such wage rates2 and 7ii7 after ,september #a1 #bjae1 adjusted annually in accordance with paragraph 7#c77;,b74 7#f7 ,equal wages1 benefits1 and working conditions 7,a7 ,preferential treatment of aliens prohibited 7i7 ,in general ,the employer's job offer must offer to ,united ,states workers no less than the same benefits1 wages1 and working conditions that the employer is offering1 intends to offer1 or will provide to nonimmigrant workers4 ,conversely1 no job offer may impose on ,united ,states workers any restrictions or obligations which will not be imposed on the employer's nonimmigrants4 7ii7 ,similarly situated ,u4,s4 workers ,except as provided in paragraph 7#c71 all similarly situated ,u4,s4 workers employed at the same place of employment in the same occupational classification as the nonimmigrant workers must be provided the same wages1 benefits1 and working conditions described in this section4 7iii7 ,exception ,notwithstanding subparagraph 7#b71 an employer is not required to provide housing for similarly situated ,united ,states workers1 other than ,united ,states workers recruited and hired pursuant to an offer of employment in connection with an application4 7,b7 ,attestation 7i7 ,in general ,each designated agricultural employer shall include an attestation that the employer is or is not a ,program dependent employer in its petition for nonimmigrant agricultural workers under paragraph 7#b74 7ii7 ,program dependent employer determination ,each designated agricultural employer shall annually determine whether the employer is a ,program dependent employer1 with at least #fj percent of its employees who are not ,united ,states workers1 based upon-- 7,i7 the total number of employees employed by an employer during the preceding calendar year1 as evidenced by the employer's payroll records2 and 7,,ii7 the employer's ,e-,verify records indicating the citizenship and alien status of each employee employed by the employer4 7,c7 ,housing exception ,an employer described in subparagraph 7,a7 shall only be required to provide housing to ,united ,states workers in accordance with subsection 7e77#d77;,h7 if such workers do not reside within #ajj miles of their place of employment4 7g7 ,worker protections and dispute resolution 7#a7 ,equality of treatment ,nonimmigrant agricultural workers shall not be denied any right or remedy under any ,federal1 ,state1 or local labor or employment law applicable to ,united ,states workers engaged in agricultural employment4 7#b7 ,applicability of the migrant and seasonal agricultural worker protection act 7,a7 ,migrant and seasonal agricultural worker protection act ,nonimmigrant agricultural workers shall be considered migrant agricultural workers for purposes of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq474 7,b7 ,eligibility of nonimmigrant agricultural workers for certain legal assistance ,a nonimmigrant agricultural worker shall be considered to be lawfully admitted for permanent residence for purposes of establishing eligibility for legal services under the ,legal ,services ,corporation ,act 7#db ,u4,s4,c4 #biif et seq47 on matters relating to wages1 housing1 transportation1 and other employment rights4 7,c7 ,mediation 7i7 ,free mediation services ,the ,federal ,mediation and ,conciliation ,service shall be available to assist in resolving disputes arising under this section between nonimmigrant agricultural workers and designated agricultural employers without charge to the parties4 7ii7 ,complaint ,if a nonimmigrant agricultural worker files a complaint under section #ejd of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahed71 not later than #fj days after the filing of proof of service of the complaint1 a party to the action may file a request with the ,federal ,mediation and ,conciliation ,service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute4 7iii7 ,notice ,upon filing a request under clause 7ii7 and giving of notice to the parties1 the parties shall attempt mediation within the period specified in clause 7iv74 7iv7 #ij-;day limit ,the ,federal ,mediation and ,conciliation ,service may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed #ij days beginning on the date on which the ,federal ,mediation and ,conciliation ,service receives a request for assistance under clause 7ii7 unless the parties agree to an extension of such period4 7v7 ,authorization of appropriations 7,i7 ,in general ,subject to clause 7,,ii71 there are authorized to be appropriated to the ,federal ,mediation and ,conciliation ,service #ejj1jjj for each fiscal year to carry out this subparagraph4 7,,ii7 ,mediation ,notwithstanding any other provision of law1 the ,director of the ,federal ,mediation and ,conciliation ,service is authorized-- 7aa7 to conduct the mediation or other dispute resolution activities from any other account containing amounts available to the ,director2 and 7bb7 to reimburse such account with amounts appropriated pursuant to subclause 7,i74 7vi7 ,private mediation ,if all parties agree1 a private mediator may be employed as an alternative to the ,federal ,mediation and ,conciliation ,service4 7#c7 ,other rights ,nonimmigrant agricultural workers shall be entitled to the rights granted to other classes of aliens under sections #bdb7;h7 and #bde;,e4 7#d7 ,waiver of rights ,agreements by nonimmigrant agricultural workers to waive or modify any rights or protections under this section shall be considered void or contrary to public policy except as provided in a collective bargaining agreement with a bona fide labor organization4 7h7 ,enforcement authority 7#a7 ,review ,the ,secretary of ,homeland ,security shall review petitions submitted by designated agricultural employers under subsection 7e77#b7 for completeness or obvious inaccuracies4 7#b7 ,investigation of complaints 7,a7 ,aggrieved person or third-party complaints 7i7 ,process ,the ,secretary of ,labor shall establish a process for the receipt1 investigation1 and disposition of complaints respecting a designated agricultural employer's failure to meet a condition specified in subsection 7e71 or an employer's misrepresentation of material facts in a petition under subsection 7e77#b74 7ii7 ,filing ,any aggrieved person or organization1 including bargaining representatives1 may file a complaint referred to in clause 7i7 not later than #a year after the date of the failure or misrepresentation1 respectively4 7iii7 ,investigation or hearing ,the ,secretary of ,labor shall conduct an investigation if there is reasonable cause to believe that such failure or misrepresentation has occurred4 7,b7 ,determination on complaint ,under such process1 the ,secretary of ,labor shall provide1 not later than #cj days after the date on which such a complaint is filed1 for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph 7,c71 7,d71 7,e71 or 7,f74 ,if the ,secretary of ,labor determines that such a reasonable basis exists1 the ,secretary of ,labor shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint1 in accordance with section #eef of title #e1 ,united ,states ,code1 within #fj days after the date of the determination4 ,if such a hearing is requested1 the ,secretary of ,labor shall make a finding concerning the matter not later than #fj days after the date of the hearing4 ,in the case of similar complaints respecting the same applicant1 the ,secretary of ,labor may consolidate the hearings under this subparagraph on such complaints4 7,c7 ,failure to meet conditions ,if the ,secretary of ,labor finds1 after notice and opportunity for a hearing1 a failure to meet a condition under subsection 7e7 or 7f71 or made a material misrepresentation of fact in a petition under subsection 7e77#b7-- 7i7 the ,secretary of ,labor shall notify the ,secretary of such finding and may1 in addition1 impose such other administrative remedies 7including civil money penalties in an amount not to exceed #a1jjj per violation7 as the ,secretary of ,labor determines to be appropriate2 and 7ii7 the ,secretary may disqualify the designated agricultural employer from the employment of nonimmigrant agricultural workers for a period of #a year4 7,d7 ,willful failures and willful misrepresentations ,if the ,secretary of ,labor finds1 after notice and opportunity for hearing1 a willful failure to meet a condition under subsection 7e7 or 7f7 or a willful misrepresentation of a material fact in an application or petition under paragraph 7#a7 or 7#b7 of subsection 7e7-- 7i7 the ,secretary of ,labor shall notify the ,secretary of such finding and may1 in addition1 impose such other administrative remedies 7including civil money penalties in an amount not to exceed #e1jjj per violation7 as the ,secretary of ,labor determines to be appropriate2 7ii7 the ,secretary of ,labor may seek appropriate legal or equitable relief to effectuate the purposes of subsection 7e77#h72 and 7iii7 the ,secretary may disqualify the designated agricultural employer from the employment of nonimmigrant agricultural workers for a period of #b years4 7,e7 ,displacement of united states workers ,if the ,secretary of ,labor finds1 after notice and opportunity for hearing1 a willful failure to meet a condition under subsection 7e7 or 7f7 or a willful misrepresentation of a material fact in an application or petition under paragraph 7#a7 or 7#b7 of subsection 7e71 in the course of which failure or misrepresentation the employer displaced a ,united ,states worker employed by the employer during the period of employment on the employer's petition under subsection 7e77#b7 or during the period of #cj days preceding such period of employment-- 7i7 the ,secretary of ,labor shall notify the ,secretary of such finding and may1 in addition1 impose such other administrative remedies 7including civil money penalties in an amount not to exceed #ae1jjj per violation7 as the ,secretary of ,labor determines to be appropriate2 and 7ii7 the ,secretary may disqualify the employer from the employment of nonimmigrant agricultural workers for a period of #c years4 7,f7 ,failures to pay wages or required benefits ,if the ,secretary of ,labor finds1 after notice and opportunity for a hearing1 that the employer has failed to pay the wages1 or provide the housing allowance1 transportation1 subsistence reimbursement1 or guarantee of employment required under subsection 7e77#d7 and 7f71 the ,secretary of ,labor shall assess payment of back wages1 or other required benefits1 due any ,united ,states worker or nonimmigrant agricultural worker employed by the employer in the specific employment in question4 ,the back wages or other required benefits required under subsection 7e7 and 7f7 shall be equal to the difference between the amount that should have been paid and the amount that actually was paid to such worker4 7,g7 ,disposition of penalties ,civil penalties collected under this paragraph shall be deposited into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#c7 ,limitations on civil money penalties ,the ,secretary of ,labor shall not impose total civil money penalties with respect to a petition under subsection 7e77#b7 in excess of #ij1jjj4 7#d7 ,election ,a nonimmigrant agricultural worker who has filed an administrative complaint with the ,secretary of ,labor may not maintain a civil action under paragraph 7#b7 unless a complaint based on the same violation filed with the ,secretary of ,labor under subsection 7a77#a7 is withdrawn before the filing of such action1 in which case the rights and remedies available under this subsection shall be exclusive4 7#e7 ,preclusive effect ,any settlement by a nonimmigrant agricultural worker1 a designated agricultural employer1 or any person reached through the mediation process required under subsection 7g77#b77;,c7 shall preclude any right of action arising out of the same facts between the parties in any ,federal or ,state court or administrative proceeding1 unless specifically provided otherwise in the settlement agreement4 7#f7 ,settlements ,any settlement by the ,secretary of ,labor on behalf of a designated agricultural worker on behalf of a nonimmigrant agricultural worker of a complaint filed with the ,secretary of ,labor under this section or any finding by the ,secretary of ,labor under this subsection shall preclude any right of action arising out of the same facts between the parties under any ,federal or ,state court or administrative proceeding1 unless specifically provided otherwise in the settlement agreement4 7#g7 ,statutory construction ,nothing in this subsection may be construed as limiting the authority of the ,secretary of ,labor to conduct any compliance investigation under any other labor law1 including any law affecting migrant and seasonal agricultural workers1 or1 in the absence of a complaint under this section1 under paragraph 7#a71 7#c71 or 7#d7 of subsection 7e71 in the settlement agreement4 7#h7 ,discrimination prohibited ,it is a violation of this subsection for any person to intimidate1 threaten1 restrain1 coerce1 blacklist1 discharge1 or in any other manner discriminate against an employee1 including a former employee or an applicant for employment1 because the employee-- 7,a7 has disclosed information to the employer1 or to any other person1 that the employee reasonably believes evidences a violation of subsection 7e71 or any rule or regulation relating to subsection 7e72 or 7,b7 cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer's compliance with the requirements under subsection 7e7 or any rule or regulation pertaining to subsection 7e74 7#i7 ,role of associations 7,a7 ,violation by a member of an association 7i7 ,in general ,if an association acting as the agent of an employer files an application on behalf of such employer1 the employer is fully responsible for such application1 and for complying with the terms and conditions of subsection 7e74 ,if such an employer is determined to have violated any requirement described in this subsection1 the penalty for such violation shall apply only to that employer except as provided in clause 7ii74 7ii7 ,collective responsibility ,if the ,secretary of ,labor determines that the association or other members of the association participated in1 had knowledge of1 or reason to know of a violation described in clause 7i71 the penalty shall also be invoked against the association and complicit association members4 7,b7 ,violations by an association acting as an employer 7i7 ,in general ,if an association filing an application as a sole or joint employer is determined to have violated any requirement described in this section1 the penalty for such violation shall apply only to the association except as provided in clause 7ii74 7ii7 ,member responsibility ,if the ,secretary of ,labor determines that #a or more association members participated in1 had knowledge of1 or reason to know of the violation described in clause 7i71 the penalty shall be invoked against all complicit association members4 7i7 ,special nonimmigrant visa processing and wage determination procedures for certain agricultural occupations 7#a7 ,finding ,certain industries possess unique occupational characteristics that necessitate the ,secretary of ,agriculture adopt special procedures relating to housing1 pay1 and visa program application requirements for those industries4 7#b7 ,special procedures industries defined ,in this subsection1 the term ,special ,procedures ,industries means-- 7,a7 sheepherding and goat herding2 7,b7 itinerant commercial beekeeping and pollination2 7,c7 open range production of livestock2 7,d7 itinerant animal shearing2 7,e7 custom combining industries2 and 7,f7 any other industry designated by the ,secretary1 upon petition by an employer1 as a ,special ,procedures ,industry4 7#c7 ,work locations ,the ,secretary shall allow designated agricultural employers in a ,special ,procedures ,industry that do not operate in a single fixed-site location to provide1 as part of application and job description under the ,program1 a list of anticipated work locations1 which-- 7,a7 may include an anticipated itinerary2 and 7,b7 may be subsequently amended by the employer1 after notice to the ,secretary4 7#d7 ,wage rates ,the ,secretary may establish monthly1 weekly1 or biweekly wage rates for occupations in a ,special ,procedures ,industry for a ,state or other geographic area4 ,for an employer in those ,special ,industries that typically pay a monthly wage1 the ,secretary shall require that workers will be paid not less frequently than monthly and at a rate no less than the legally required monthly cash wage for such employer as of the date of enactment and in an amount as re-determined annually by the ,secretary of ,agriculture through rulemaking4 7#e7 ,housing ,the ,secretary shall allow for the provision of housing or a housing allowance by employers in ,special ,procedures ,industries and allow housing suitable for workers employed in remote locations4 7#f7 ,allergy limitation ,an employer engaged in the commercial beekeeping or pollination services industry may require that an applicant be free from bee pollen or honey-related allergies4 7#g7 ,application ,an individual employer in ,special ,procedures ,industry may file visa program applications on its own behalf1 including with use of an agent1 or in conjunction with an association of employers1 and in any case the employer's application may be part of several related applications submitted simultaneously that constitute a master application4 7#h7 ,rulemaking ,the ,secretary of ,agriculture1 after consultation with employers and employee representatives1 shall publish for notice and comment proposed regulations relating to housing1 pay and application procedures for ,special ,procedure ,industries4 7j7 ,miscellaneous provisions 7#a7 ,disqualification of nonimmigrant agricultural workers from financial assistance ,an alien admitted as a nonimmigrant agricultural worker is not eligible for any program of financial assistance under ,federal law 7whether through grant1 loan1 guarantee1 or otherwise7 on the basis of financial need1 as such programs are identified by the ,secretary in consultation with other agencies of the ,united ,states4 7#b7 ,monitoring requirement 7,a7 ,in general ,the ,secretary shall monitor the movement of nonimmigrant agricultural workers through-- 7i7 the ,employment ,verification ,system described in section #bgd;,a7b72 and 7ii7 the electronic monitoring system established pursuant to subparagraph 7,b74 7,b7 ,electronic monitoring system ,the ,secretary of ,homeland ,security1 through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 shall establish an electronic monitoring system1 which shall-- 7i7 be modeled on the ,student and ,exchange ,visitor ,information ,system 7,,sevis7 and the ,,sevis ,,ii tracking system administered by ,u4,s4 ,immigration and ,customs ,enforcement2 7ii7 monitor the presence and employment of nonimmigrant agricultural workers2 and 7iii7 assist in ensuring the compliance of designated agricultural employers and nonimmigrant agricultural workers with the requirements of the ,program4 4 7b7 ,rulemaking ,the ,secretary of ,agriculture shall issue regulations to cary out section #bah;,a of the ,immigration and ,nationality ,act1 as added by subsection 7a71 not later than #a year after the date of the enactment of this ,act4 7c7 ,clerical amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relation to section #bai the following3 ,sec4 #bah;,a4 ,nonimmigrant agricultural worker program4 4 7d7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjad4 #bbcc4 ,transition of ,h-#b;,a worker program 7a7 ,sunset of program ,an employer may not petition to employ an alien present in the ,united ,states pursuant to section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a77 after the date that is #a year after the effective date of the regulations issued pursuant to section #bbda7;b74 7b7 ,conforming amendments 7#a7 ,repeal of ,h-#b;,a nonimmigrant category ,section #aja7;a77#ae77;,h77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77 is amended by striking subclause 7a74 7#b7 ,repeal of admission requirements for ,h-#b;,a worker ,section #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7 is repealed4 7#c7 ,conforming amendments 7,a7 ,amendment of petition requirements ,section #bad7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#i77 is amended by striking ,for purposes of this subsection and all that follows4 7#d7 ,effective date ,the amendments made by this subsection shall take effect on the date that is #a year after the effective date of the regulations issued pursuant to section #bbda7;b74 #bbcd4 ,reports to ,congress on nonimmigrant agricultural workers 7a7 ,annual report by ,secretary of ,agriculture ,not later than ,september #cj of each year1 the ,secretary of ,agriculture shall submit a report to ,congress that identifies1 for the previous year1 the number1 disaggregated by ,state and by occupation1 of-- 7#a7 job opportunities approved for employment of aliens admitted pursuant to clause 7iii7 or clause 7iv7 of section #aja7;a77#ae77,w7 of the ,immigration and ,nationality ,act1 as added by section #bbcb2 and 7#b7 aliens actually admitted pursuant to each such clause4 7b7 ,annual report by ,secretary of ,homeland ,security ,not later than ,september #cj of each year1 the ,secretary shall submit a report to ,congress that identifies1 for the previous year1 the number of aliens described in subsection 7a77#b7 who-- 7#a7 violated the terms of the nonimmigrant agricultural worker program established under section #bah;,a7b7 of the ,immigration and ,nationality ,act1 as added by section #bbcb2 and 7#b7 have not departed from the ,united ,states4 #c ,other provisions #bbda4 ,rulemaking 7a7 ,consultation requirement ,in the course of promulgating any regulation necessary to implement this subtitle1 or the amendments made by this subtitle1 the ,secretary1 the ,secretary of ,agriculture1 the ,secretary of ,labor1 and the ,secretary of ,state shall regularly consult with each other4 7b7 ,deadline for issuance of regulations ,except as provided in section #bbcb7;b71 all regulations to implement this subtitle and the amendments made by this subtitle shall be issued not later than #f months after the date of the enactment of this ,act4 #bbdb4 ,reports to ,congress ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary and the ,secretary of ,agriculture shall jointly submit a report to ,congress that describes the measures being taken and the progress made in implementing this subtitle and the amendments made by this subtitle4 #bbdc4 ,effective date ,this subtitle and the amendments made by this subtitle1 except for sections #bbba1 #bbdb1 and #bbdc1 shall take effect on the date on which the regulations required under section #bbda7;e7 are issued1 regardless of whether such regulations are issued on an interim basis or on any other basis4 ,c ,future immigration #bcja4 ,merit-based points track one 7a7 ,in general 7#a7 ,worldwide level of merit-based immigrants ,section #bja7;e7 7#h ,u4,s4,c4 #aaea7;e77 is amended to read as follows3 7e7 ,worldwide level of merit-based immigrants 7#a7 ,in general 7,a7 ,numerical limitation ,subject to paragraphs 7#b71 7#c71 and 7#d71 the worldwide level of merit-based immigrants is equal to #abj1jjj for each fiscal year4 7,b7 ,status ,an alien admitted on the basis of a merit-based immigrant visa under this section shall have the status of an alien lawfully admitted for permanent residence4 7#b7 ,annual increase 7,a7 ,in general ,subject to subparagraph 7,b7 and paragraph 7#c71 if in any fiscal year the worldwide level of visas available for merit-based immigrants under this section-- 7i7 is less than #ge percent of the number of applicants for such fiscal year1 the worldwide level shall increase by #e percent for the next fiscal year2 and 7ii7 is equal to or more than #ge percent of such number1 the worldwide level for the next fiscal year shall be the same as the worldwide level for such fiscal year1 minus any amount added to the worldwide level for such fiscal year under paragraph 7#d74 7,b7 ,limitation on increase ,the worldwide level of visas available for merit-based immigrants shall not exceed #bej1jjj4 7#c7 ,employment consideration ,the worldwide level of visas available for merit-based immigrants may not be increased for a fiscal year under paragraph 7#b7 if the annual average unemployment rate for the civilian labor force #ah years or over in the ,united ,states1 as determined by the ,bureau of ,labor ,statistics1 for such previous fiscal year is more than #ha_/b percent4 7#d7 ,recapture of unused visas ,the worldwide level of merit-based immigrants described in paragraph 7#a7 for a fiscal year shall be increased by the difference 7if any7 between the worldwide level established under paragraph 7#a7 for the previous fiscal year and the number of visas actually issued under this subsection during that fiscal year4 ,such visas shall be allocated for the following year pursuant to section #bjc7;c77#c74 4 7#b7 ,merit-based immigrants ,section #bjc 7#h ,u4,s4,c4 #aaec71 as amended by section #bac1 is further amended by inserting after subsection 7b7 the following3 7c7 ,merit-based immigrants 7#a7 ,fiscal years #a through #d ,for the first #d fiscal years beginning after the date of enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the worldwide level of merit-based immigrant visas made available under section #bja7;e77#a7 shall be available for aliens described in section #bjc7;b77#c7 and in addition to any visas available for such aliens under such section4 7#b7 ,subsequent fiscal years ,beginning with the fifth fiscal year beginning after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 aliens subject to the worldwide level specified in section #bja7;e7 for merit-based immigrants shall be allocated as follows3 7,a7 #ej percent shall be available to applicants with the highest number of points allocated under tier #a in paragraph 7#d74 7,b7 #ej percent shall be available to applicants with the highest number of points allocated under tier #b in paragraph 7#e74 7#c7 ,unused visas ,if the total number of visas allocated to tier #a or tier #b for a fiscal year are not granted during that fiscal year1 such number may be added to the number of visas available section #bja7;e77#a7 for the following fiscal year and allocated as follows3 7,a7 ,if the unused visas were allocated for tier #a in a fiscal year1 #b_/c of such visas shall be available for aliens allocated visas under tier #a in the following fiscal year and #a_/c of such visas shall be available for aliens allocated visas under either tier #a or tier #b in the following fiscal year4 7,b7 ,if the unused visas were allocated for tier #b in a fiscal year1 #b_/c of such visas shall be available for aliens allocated visas under tier #b in the following fiscal year and #a_/c of such visas shall be available for aliens allocated visas under either tier #a or tier #b in the following fiscal year4 7#d7 ,tier #a ,the ,secretary shall allocate points to each alien seeking to be a tier #a merit-based immigrant as follows3 7,a7 ,education 7i7 ,in general ,an alien may received points under only one of the following categories3 7,i7 ,an alien who has received a doctorate degree shall be allocated #ae points4 7,,ii7 ,an alien who has received a master's degree shall be allocated #aj points4 7ii7 ,an alien who has received a bachelor's degree from an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a77 shall be allocated #e points4 7,b7 ,employment experience ,an alien shall be allocated not more than #bj points as follows3 7i7 #c points for each year the alien has been lawfully employed in a zone #e occupation in the ,united ,states4 7ii7 #b points for each year the alien has been lawfully employed in a zone #d occupation in the ,united ,states4 7,c7 ,employment related to education ,an alien who in the ,united ,states and is employed full-time or has an offer of full-time employment in a field related to the alien's education-- 7i7 in a zone #e occupation shall be allocated #aj points2 or 7ii7 in a zone #d occupation shall be allocated #h points4 7,d7 ,entrepreneurship ,an alien who is an entrepreneur in business that employs at least #b employee in a zone #d occupation or a zone #e occupation shall be allocated #aj points4 7,e7 ,high demand occupation ,an alien who is employed full-time in the ,united ,states or has an offer of full-time employment in a high demand occupation high demand tier #a occupation shall be allocated #aj points4 7,f7 ,civic involvement ,an alien who has attested that he or she has engaged in a significant amount of community service1 as determined by the ,secretary1 shall be allocated #b points4 7,g7 ,english language ,an alien who received a score of #hj or more on the ,test of ,english as a ,foreign ,language1 or an equivalent score on a similar test1 as determined by the ,secretary1 shall be allocated points #aj points4 7,h7 ,siblings and married sons and daughters of citizens ,an alien who is the sibling of a citizen of the ,united ,states or who is more than #ca years of age and is the married son or married daughter of a citizen of the ,united ,states shall be allocated #aj points4 7,i7 ,age ,an alien who is-- 7i7 between #ah and #bd years of age shall be allocated #h points2 7ii7 between #be and #cb years of age shall be allocated #f points2 or 7iii7 between #cc and #cg years of age shall be allocated #d points4 7,j7 ,country of origin ,an alien who is a national of a country of which fewer than #ej1jjj nationals were lawfully admitted to permanent residence in the ,united ,states in the previous #e years shall be allocated #e points4 7#e7 ,tier #b ,the ,secretary shall allocate points to each alien seeking to be a tier #b merit-based immigrant as follows3 7,a7 ,employment experience ,an alien shall be allocated #b points for each year the alien has been lawfully employed in the ,united ,states1 for a total of not more than #bj points4 7,b7 ,special employment criteria ,an alien who is employed full-time in the ,united ,states1 or has an offer of full-time employment-- 7i7 in a high demand tier #b occupation shall be allocated #aj points2 or 7ii7 in a zone #a occupation or zone #b occupation shall be allocated #aj points4 7,c7 ,caregiver ,an alien who is or has been a primary caregiver shall be allocated #aj points4 7,d7 ,exceptional employment record ,an alien who has a record of exceptional employment1 as determined by the ,secretary1 shall be allocated #aj points4 ,in determining a record of exceptional employment1 the ,secretary shall consider factors including promotions1 longevity1 changes in occupations from a lower job zone to a higher job zone 1 good safety record1 and an increases in pay4 7,e7 ,civic involvement ,an alien who has demonstrated significant shall civic involvement shall be allocated #b points4 7,f7 ,english language ,an alien who received a score on the ,test of ,english as a ,foreign ,language1 or an equivalent score on a similar test1 as determined by the ,secretary of ,homeland ,security of-- 7i7 #ge or more shall be allocated points #aj points2 or 7ii7 more than #ed and less than #ge shall be allocated #e points4 7,g7 ,siblings and married sons and daughters of citizens ,an alien who is the sibling of a citizen of the ,united ,states or is over the age of #ca and is the married son or married daughter of a citizen of the ,united ,states shall be allocated #aj points4 7,h7 ,age ,an alien who is-- 7i7 between #ah and #bd years of age shall be allocated #h points2 7ii7 between #be and #cb years of age shall be allocated #f points2 or 7iii7 between #cc and #cg years of age shall be allocated #d points4 7,i7 ,country of origin ,an alien who is a national of a country of which fewer than #ej1jjj nationals were lawfully admitted to permanent residence in the ,united ,states in the previous #e years shall be allocated #e points4 7#f7 ,fee ,an alien who is allocated a visa under this section shall pay a fee of #ejj4 7#g7 ,eligibility of aliens in registered provisional immigrant status ,an alien who was granted registered provisional immigrant status may be granted a merit-based immigrant visa under section #bja7;e7 and may begin accruing points under subsections 7b71 7d71 and 7e7 no earlier than the date that is #aj years after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#h7 ,ineligibility of aliens with pending or approved petitions ,an alien who has a petition pending or approved in another immigrant category under this section or section #bja may not apply for a merit-based immigrant visa4 7#i7 ,definitions ,in this subsection3 7,a7 ,high demand tier #a occupation ,the term high demand tier #a occupation means #a of the #e occupations for which the highest number of nonimmigrants described in section #aja7;a77#ae77;,h77i7 were sought to be admitted by employers during the previous fiscal year4 7,b7 ,high demand tier #b occupation ,the term high demand tier #b occupation means #a of the #e occupations for which the highest number of positions were sought to become registered positions by employers under section #bbj7;e7 during the previous fiscal year4 7,c7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7,d7 ,zone #a occupation ,the term zone #a occupation means an occupation that requires little or no preparation and is classified as a zone #a occupation on-- 7i7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7ii7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this ,act4 7,e7 ,zone #b occupation ,the term zone #b occupation means an occupation that requires some preparation and is classified as a zone #b occupation on-- 7i7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7ii7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this ,act4 7,f7 ,zone #c occupation ,the term zone #c occupation means an occupation that requires medium preparation and is classified as a zone #c occupation on-- 7i7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7ii7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this ,act4 7,g7 ,zone #d occupation ,the term zone #c occupation means an occupation that requires considerable preparation and is classified as a zone #d occupation on-- 7i7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7ii7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this ,act4 7,h7 ,zone #e occupation ,the term zone #e occupation means an occupation that requires extensive preparation and is classified as a zone #e occupation on-- 7i7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7ii7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this ,act4 4 7b7 ,modification of points ,the ,secretary may submit to ,congress a proposal to modify the number of points allocated under subsection 7c7 of section #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec71 as amended by subsection 7a74 7c7 ,conforming amendment ,section #bjc7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;d771 as amended by section #bac7;a77#b77;,b7 of this ,act1 is further amended by striking 7a7 or 7b7 and inserting 7a71 7b71 or 7c74 7d7 ,effective date ,the amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this ,act4 #bcjb4 ,merit-based track two 7a7 ,in general ,in addition to any immigrant visa made available under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by this ,act1 the ,secretary of ,state shall allocate merit-based immigrant visas as described in this section4 7b7 ,status ,an alien admitted on the basis of a merit-based immigrant visa under this section shall have the status of an alien lawfully admitted for permanent residence 7as that term is defined in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj774 7c7 ,eligibility ,beginning on ,october #a1 #bjad1 the following aliens shall be eligible for merit-based immigrant visas under this section3 7#a7 ,employment-based immigrants ,an alien who is the beneficiary of a petition filed before the date of the enactment of this ,act to accord status under section #bjc7;b7 of the ,immigration and ,nationality ,act1 if the visa has not been issued within #e years after the date on which such petition was filed4 7#b7 ,family-based immigrants ,subject to subsection 7d71 an alien who is the beneficiary of a petition filed to accord status under section #bjc7;a7 of the ,immigration and ,nationality ,act-- 7,a7 prior to the date of the enactment of this ,act1 if the visa was not issued within #e years after the date on which such petition was filed2 or 7,b7 after such date of enactment1 to accord status under paragraph 7#c7 or 7#d7 of section #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec 7a771 as in effect the day before the effective date specified in section #bag7;a77#c 7of this ,act1 and the visa was not issued within #e years after the date on which petition was filed4 7#c7 ,long-term alien workers and other merit-based immigrants ,an alien who-- 7,a7 is not admitted pursuant to subparagraph 7,w7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 and 7,b7 has been lawfully present in the ,united ,states for not less than #aj years2 and 7d7 ,allocation of employment-sponsored merit-based immigrant visas ,in each of the fiscal years #bjae through and including #bjba1 the ,secretary of ,state shall allocate to aliens described in subsection 7c77#a7 a number of merit-based immigrant visas equal to #a_/g of the number of aliens described in subsection 7c77#a7 whose visas had not been issued as of the date of the enactment of this ,act4 7e7 ,allocation of family-sponsored merit-based immigrant visas ,the visas authorized by subsection 7c77#b7 shall be allocated as follows3 7#a7 ,spouses and children of permanent residents ,petitions to accord status under section #bjc7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a77#b77;,a77 of the ,immigration and ,nationality ,act1 as in effect the day before the effective date specified in section #bag7;a77#c7 of this ,act1 are automatically converted to petitions to accord status to the same beneficiaries as immediate relatives under section #bja7;b77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#b77;,a774 7#b7 ,other family members ,in each of the fiscal years #bjae through and including #bjba1 the ,secretary of ,state shall allocate to the aliens described in subsection 7c77#b77;,a71 other than those aliens described in paragraph 7#a71 a number of transitional merit-based immigrant visas equal to #a_/g of the difference between-- 7,a7 the number of aliens described in subsection 7c77#b77;,a7 whose visas had not been issued as of the date of the enactment of this ,act2 and 7,b7 the number of aliens described in paragraph 7#a74 7#c7 ,order of issuance for previously filed applications ,subject to paragraphs 7#a7 and 7#b71 the visas authorized by subsection 7c77#b77;,a7 shall be issued in the order in which the petitions to accord status under section #bjc7;a7 of the ,immigration and ,nationality ,act were filed 7#h ,u4,s4,c4 #aaec7;a774 7#d7 ,subsequently filed applications ,in fiscal year #bjbb1 the ,secretary of ,state shall allocate to the aliens described in subsection 7c77#b77;,b71 the number of merit-based immigrant visas equal to #a_/b of the number of aliens described in subsection 7c77#b77;,b7 whose visas had not been issued by ,october #a1 #bjba4 ,in fiscal year #bjbc1 the ,secretary of ,state shall allocate to the aliens described in subsection 7c77#b77;,b71 the number of merit-based immigrant visas equal to the number of aliens described in subsection 7c77#b77;,b7 whose visas had not been issued by ,october #a1 #bjbb4 7#e7 ,order of issuance for subsequently filed applications ,subject to paragraph 7#d71 the visas authorized by subsection 7c77#b77;,b7 shall be issued in the order in which the petitions to accord status under section #bjc7;a7 of the ,immigration and ,nationality ,act were filed1 as in effect the day before the effective date specified in section #bag7;a77#c7 of this ,act4 7f7 ,eligibility in years after #bjbh ,beginning in fiscal year #bjbi1 aliens eligible for adjustment of status under paragraph 7c77#c7 of this section must be lawfully present in an employment authorized status for #bj years prior to filing an application for adjustment of status4 7g7 ,registered provisional immigrants ,an alien granted registered provisional status under section #bja of this ,act is not eligible to receive a merit-based immigrant visa under section #bja7;e7 of the ,immigration and ,nationality ,act1 as amended by section #bcja1 until #aj years after the date of the enactment of this ,act4 #bcjc4 ,repeal of the diversity visa program 7a7 ,in general ,title ,,ii 7#h ,u4,s4,c4 #aaea et seq47 is amended-- 7#a7 in section #bja 7#h ,u4,s4,c4 #aaea7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by adding and at the end2 7ii7 in paragraph 7#b71 by striking 2 and at the end and inserting a period2 and 7iii7 by striking paragraph 7#c72 and 7,b7 by striking subsection 7e72 7#b7 in section #bjc 7#h ,u4,s4,c4 #aaec7-- 7,a7 by striking subsection 7c72 7,b7 in subsection 7d71 by striking 7a71 7b71 or 7c7 and inserting 87a7 or 7b7 7,c7 in subsection 7e7-- 7i7 by striking paragraph 7#b72 and 7ii7 by redesignating paragraph 7#c7 as paragraph 7#b72 7,d7 in subsection 7f71 by striking 7a71 7b71 or 7c7 of this section and inserting 7a7 or 7b72 and 7,e7 in subsection 7g71 by striking 7a71 7b71 and 7c7 and inserting 7a7 and 7b72 and 7#c7 in section #bjd 7#h ,u4,s4,c4 #aaed7-- 7,a7 in subsection 7a77#a71 by striking subparagraph 7,i72 and 7,b7 in subsection 7e71 by striking 7a71 7b71 or 7c7 and inserting 7a7 or 7b74 7b7 ,effective date and application 7#a7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjad4 7#b7 ,application ,an alien who receives a notification from the ,secretary that the alien was selected to receive a diversity immigrant visa under section #bjc7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;c77 for fiscal year #bjac or fiscal year #bjad shall remain eligible to receive such visa under the rules of such section1 as in effect on ,september #cj1 #bjad4 ,no alien may be allocated such a diversity immigrant visa for a fiscal year after fiscal year #bjae4 #bcjd4 ,world-wide levels and recapture of unused immigrant visas 7a7 ,employment-based immigrants ,section #bja7;d7 7#h ,u4,s4,c4 #aaea7;d77 is amended to read as follows3 7d7 ,worldwide level of employment-based immigrants 7#a7 ,in general 7,a7 ,worldwide level ,for a fiscal year after fiscal year #bjae1 the worldwide level of employment-based immigrants under this subsection is equal to the sum of-- 7i7 #adj1jjj2 and 7ii7 the number computed under paragraph 7#b74 7,b7 ,fiscal year #bjae ,for fiscal year #bjae1 the worldwide level of employment-based immigrants under this subsection is equal to the sum of-- 7i7 #adj1jjj2 7ii7 the number computed under paragraph 7#b72 and 7iii7 the number computed under paragraph 7#c74 7#b7 ,previous fiscal year ,the number computed under this paragraph for a fiscal year is the difference1 if any1 between the maximum number of visas which may be issued under section #bjc7;a77relating to family-sponsored immigrants7 during the previous fiscal year and the number of visas issued under that section during that year4 7#c7 ,unused visas ,the number computed under this paragraph is the difference1 if any1 between-- 7,a7 the sum of the worldwide levels established under paragraph 7#a7 for fiscal years #aiib through and including #bjac2 and 7,b7 the number of visas actually issued under section #bjc7;b7 during such fiscal years4 4 7b7 ,family-sponsored immigrants ,section #bja7;c7 7#h ,u4,s4,c4 #aaea7;c77 is amended to read as follows3 7c7 ,worldwide level of family-sponsored immigrants 7#a7 ,in general 7,a7 ,worldwide level ,subject to subparagraph 7,c71 for each fiscal year after fiscal year #bjae1 the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of-- 7i7 #dhj1jjj minus the number computed under paragraph 7#b72 and 7ii7 the number computed under paragraph 7#c74 7,b7 ,fiscal year #bjae ,subject to subparagraph 7,c71 for fiscal year #bjae1 the worldwide level of family-based immigrants under this subsection for a fiscal year after fiscal year #bjae is equal to the sum of-- 7i7 #dhj1jjj minus the number computed under paragraph 7#b72 7ii7 the number computed under paragraph 7#c72 and 7iii7 the number computed under paragraph 7#d74 7,c7 ,limitation ,the number computed under subparagraph 7,a77i7 or 7,b77i7 may not be less than #bbf1jjj4 ,the number computed under subparagraph 7,a77i7 or 7,b77i7 may not be less than #bbf1jjj1 except that beginning on the date that is #ah months after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the number computed under subparagraph 7,a77i7 or 7,b77i7 may not be less than #afa1jjj4 7#b7 ,immediate relatives ,the number computed under this paragraph for a fiscal year is the number of aliens described in subparagraph 7,a7 or 7,b7 of subsection 7b77#b7 who were issued immigrant visas1 or who otherwise acquired the status of an alien lawfully admitted to the ,united ,states for permanent residence1 in the previous fiscal year4 7#c7 ,previous fiscal year ,the number computed under this paragraph for a fiscal year is the difference1 if any1 between the maximum number of visas which may be issued under section #bjc7;b7 7relating to employment-based immigrants7 during the previous fiscal year and the number of visas issued under that section during that year4 7#d7 ,unused visas ,the number computed under this paragraph is the difference1 if any1 between-- 7,a7 the sum of the worldwide levels established under paragraph 7#a7 for fiscal years #aiib through and including #bjac2 and 7,b7 the number of visas actually issued under section #bjc7;a7 during such fiscal years4 4 7c7 ,effective date ,the amendments made by this ,act shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this ,act4 #bcje4 ,reclassification of spouses and minor children of lawful permanent residents as immediate relatives 7a7 ,immediate relatives ,section #bja7;b77#b7 7#h ,u4,s4,c4 #aaea7;b77#b77 is amended to read as follows3 7#b7 7,a7 ,aliens who are immediate relatives4 7,b7 ,in this paragraph1 the term immediate relative means-- 7i7 a child1 spouse1 or parent of a citizen of the ,united ,states1 except that in the case of such a parent such citizen shall be at least #ba years of age2 7ii7 a child or spouse of an alien lawfully admitted for permanent residence2 7iii7 the child or spouse of an alien described in clause 7i71 who is accompanying or following to join the alien2 7iv7 the child or spouse of an alien described in clause 7ii71 who is accompanying or following to join the alien2 7v7 an alien admitted under section #baa7;a7 on the basis of a prior issuance of a visa to the alien's accompanying parent who is an immediate relative2 and 7vi7 an alien born to an alien lawfully admitted for permanent residence during a temporary visit abroad4 7,c7 ,if an alien who was the spouse or child of a citizen of the ,united ,states or of an alien lawfully admitted for permanent residence and was not legally separated from the citizen or lawful permanent resident at the time of the citizen's or lawful permanent resident's death files a petition under section #bjd7;a77#a77;,a77ii7 not later than #b years after the date of the citizen's or permanent resident's death1 the alien spouse 7and each child of the alien7 shall remain1 for purposes of this paragraph1 an immediate relative during the period beginning on the date of the citizen's or permanent resident's death and ending on the date on which the alien spouse remarries4 7,d7 ,an alien who has filed a petition under clause 7iii7 or 7iv7 of section #bjd7;a77#a77;,a7 shall remain1 for purposes of this paragraph1 an immediate relative if the ,united ,states citizen or lawful permanent resident spouse or parent loses ,united ,states citizenship on account of the abuse4 4 7b7 ,allocation of immigrant visas ,section #bjc7;a7 7#h ,u4,s4,c4 #aaec7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking #bc1djj1 and inserting #bj percent of the worldwide level of family-sponsored immigrants under section #bja7;c72 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,unmarried sons and unmarried daughters of permanent resident aliens ,qualified immigrants who are the unmarried sons or unmarried daughters 7but are not the children7 of an alien lawfully admitted for permanent residence shall be allocated visas in a number not to exceed #bj percent of the worldwide level of family-sponsored immigrants under section #bja7;c71 plus any visas not required for the class specified in paragraph 7#a74 2 7#c7 in paragraph 7#c7 -- 7,a7 by striking #bc1djj1 and inserting #bj percent of the worldwide level of family-sponsored immigrants under section #bja7;c72 and 7,b7 by striking classes specified in paragraphs 7#a7 and 7#b74 and inserting class specified in paragraph 7#b742 and 7#d7 in paragraph 7#d7-- 7,a7 by striking #fe1jjj1 and inserting #dj percent of the worldwide level of family-sponsored immigrants under section #bja7;c72 and 7,b7 by striking classes specified in paragraphs 7#a7 through 7#c74 and inserting class specified in paragraph 7#c744 7c7 ,termination of registration ,section #bjc7;g7 7#h ,u4,s4,c4 #aaec7;g77 is amended to read as follows3 7g7 ,lists 7#a7 ,in general ,for purposes of carrying out the orderly administration of this title1 the ,secretary of ,state may make reasonable estimates of the anticipated numbers of immigrant visas to be issued during any quarter of any fiscal year within each of the categories under subsections 7a71 7b71 and 7c7 and may rely upon such estimates in authorizing the issuance of visas4 7#b7 ,termination of registration 7,a7 ,information dissemination ,not later than #ahj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary of ,homeland ,security and the ,secretary of ,state shall adopt a plan to broadly disseminate information to the public regarding termination of registration procedures described in subparagraphs 7,b7 and 7,c71 including procedures for notifying the ,department of ,homeland ,security and the ,department of ,state of any change of address on the part of a petitioner or a beneficiary of an immigrant visa petition4 7,b7 ,termination for failure to adjust ,the ,secretary of ,homeland ,security shall terminate the registration of any alien who has evidenced an intention to acquire lawful permanent residence under section #bde and who fails to apply to adjust status within #a year following notification to the alien of the availability of an immigrant visa4 7,c7 ,termination for failure to apply ,the ,secretary of ,state shall terminate the registration of any alien not described in subparagraph 7,b7 who fails to apply for an immigrant visa within #a year following notification to the alien of the availability of such visa4 7#c7 ,reinstatement ,the registration of any alien that was terminated under paragraph 7#b7 shall be reinstated if the alien establishes within #b years following the date of notification of the availability of such visa demonstrates that such failure to apply was due to good cause4 4 7d7 ,technical and conforming amendments 7#a7 ,definitions ,section #aja7;a77#ae77,k77ii7 7#h ,u4,s4,c4 #aaja7;a77#ae77,k77ii77 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,a774 7#b7 ,per country level ,section #bjb7;a77#a77;,a7 7#h ,u4,s4,c4 #aaeb7;a77#a77;,a77 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,a774 7#c7 ,rules for determining whether certain aliens are immediate relatives ,section #bja7;f7 7#h ,u4,s4,c4 #aaea7;f77 is amended-- 7,a7 in paragraph 7#a71 by striking paragraphs 7#b7 and 7#c71 and inserting paragraph 7#b712 7,b7 by striking paragraph 7#b72 7,c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,d7 in paragraph 7#c71 as redesignated by subparagraph 7,c71 by striking through 7#c7 and inserting and 7#b74 7#d7 ,numerical limitation to any single foreign state ,section #bjb 7#h ,u4,s4,c4 #aaeb7 is amended-- 7,a7 in subsection 7a77#d7-- 7i7 by striking subparagraphs 7,a7 and 7,b72 7ii7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,a7 and 7,b71 respectively2 and 7iii7 in subparagraph 7,a71 as redesignated by clause 7ii71 by striking section #bjc7;a77#b77;,b7 and inserting section #bjc7;a77#b72 and 7,b7 in subsection 7e71 in the flush matter following paragraph 7#c71 by striking 1 or as limiting the number of visas that may be issued under section #bjc7;a77#b77;,a7 pursuant to subsection 7a77#d77;,a74 7#e7 ,allocation of immigrant visas ,section #bjc7;h7 7#h ,u4,s4,c4 #aaec7;h77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking subsections 7a77#b77;,a7 and 7d7 and inserting subsection 7d72 7ii7 in subparagraph 7,a71 by striking becomes available for such alien 7or1 in the case of subsection 7d71 the date on which an immigrant visa number became available for the alien's parent71 and inserting became available for the alien's parent12 and 7iii7 in subparagraph 7,b71 by striking applicable2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,petitions described ,the petition described in this paragraph is a petition filed under section #bjd for classification of the alien's parent under subsection 7a71 7b71 or 7c74 2 and 7,c7 by amending paragraph 7#c7 to read as follows3 7#c7 ,retention of priority date 7,a7 ,petitions filed for children ,for a petition originally filed to classify a child under subsection 7d71 if the age of the alien is determined under paragraph 7#a7 to be #ba years of age or older on the date that a visa number becomes available to the alien's parent who was the principal beneficiary of the petition1 then1 upon the parent's admission to lawful permanent residence in the ,united ,states1 the petition shall automatically be converted to a petition filed by the parent for classification of the alien under subsection 7a77#b7 and the petition shall retain the priority date established by the original petition4 7,b7 ,family and employment-based petitions ,the priority date for any family- or employment-based petition shall be the date of filing of the petition with the ,secretary of ,homeland ,security 7or the ,secretary of ,state1 if applicable71 unless the filing of the petition was preceded by the filing of a labor certification with the ,secretary of ,labor1 in which case that date shall constitute the priority date4 ,the beneficiary of any petition shall retain his or her earliest priority date based on any petition filed on his or her behalf that was approvable when filed1 regardless of the category of subsequent petitions4 4 7#f7 ,procedure for granting immigrant status ,section #bjd 7#h ,u4,s4,c4 #aaed7 is amended-- 7,a7 in subsection 7a77#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by inserting or alien lawfully admitted for permanent residence after citizen of the ,united ,states2 7,,ii7 in clause 7ii71 by striking described in the second sentence of section #bja7;b77#b77;,a77i7 also and inserting or alien child described in section #bja7;b77#b77;,c72 7,,iii7 in clause 7iii7-- 7aa7 in subclause 7,i77aa71 by striking ,united ,states citizen and inserting citizen of the ,united ,states or lawful permanent resident2 and 7bb7 in subclause 7,,ii77aa7-- 7,,aa7 in subitem 7,,aa71 by striking the semicolon at the end and inserting or lawful permanent resident22 7,,bb7 in subitem 7,,bb7-- 7cc7 by inserting or lawful permanent resident after a citizen of the ,united ,states2 and 7dd7 by striking ,states2 and inserting ,states or lawful permanent resident22 and 7,,cc7 by amending subitem 7,,cc7 to read as follows3 7,,cc7 who was a bona fide spouse of a citizen of the ,united ,states or a lawful permanent resident within the past #b years and-- 7aaa7 whose spouse died within the past #b years2 7bbb7 whose spouse renounced citizenship status or renounced or lost status as a lawful permanent resident within the past #b years related to an incident of domestic violence2 or 7ccc7 who demonstrates a connection between the legal termination of the marriage within the past #b years and battering or extreme cruelty by the spouse who is a citizen of the ,united ,states or a lawful permanent resident spouse2 2 7,,iv7 in clause 7iv71 by inserting or lawful permanent resident after citizen each place that term appears2 7,v7 in clause 7v77,i71 by inserting or lawful permanent resident after citizen2 and 7,,vi7 in clause 7vi7-- 7aa7 by striking citizenship1 and inserting citizenship or lawful permanent resident status12 and 7bb7 by inserting or lawful permanent resident after abuser's citizenship2 7ii7 by striking subparagraph 7,b72 7iii7 in subparagraph 7,c71 by striking subparagraph 7,a77iii71 7,a77iv71 7,b77ii71 or 7,b77iii7 and inserting clause 7iii7 or 7iv7 of subparagraph 7,a72 and 7iv7 in subparagraph 7,j71 by striking or clause 7ii7 or 7iii7 of subparagraph 7,b72 7,b7 in subsection 7a71 by striking paragraph 7#b72 7,c7 in subsection 7c77#a71 by striking or preference status2 and 7,d7 in subsection 7h71 by striking or a petition filed under subsection 7a77#a77;,b77ii74 7#g7 ,excludable aliens ,section #bab7;d77#ab77;,b7 7#h ,u4,s4,c4 #aahb7;d77#ab77;,b77 is amended by striking section #bja7;b77#b77;,a7 and inserting section #bja7;b77#b7 7other than subparagraph 7,a77vi774 7#h7 ,admission of nonimmigrants ,section #bad7r77#c77;,a7 7#h ,u4,s4,c4 #aahd7r77#c77;,a77 is amended by striking section #bja7;b77#b77;,a77i74 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,a7744 7#i7 ,refugee crisis in ,iraq ,act of #bjjg ,section #abdc7;a77#d7 of the ,refugee ,crisis in ,iraq ,act of #bjjg 7#h ,u4,s4,c4 #aaeg note7 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,a774 7#aj7 ,processing of visa applications ,section #bcc of the ,department of ,state ,authorization ,act1 ,fiscal ,year #bjjc 7#h ,u4,s4,c4 #abja note7 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,a774 7#aa7 ,adjustment of status ,section #bde7;a7 7#h ,u4,s4,c4 #abee7;a77 is amended to read as follows3 7a7 7#a7 ,the status of an alien who was inspected and admitted or paroled into the ,united ,states or the status of any other alien having an approved petition for classification as a ,,vawa self-petitioner may be adjusted by the ,attorney ,general or the ,secretary of ,homeland ,security1 in the ,attorney ,general's or the ,secretary's discretion and under such regulations as the ,attorney ,general or ,secretary may prescribe1 to that of an alien lawfully admitted for permanent residence 7regardless of whether the alien has already been admitted for permanent residence7 if-- 7,a7 the alien makes an application for such adjustment2 7,b7 the alien is eligible to receive an immigrant visa and is admissible to the ,united ,states for permanent residence2 and 7,c7 subject to paragraph 7#b71 an immigrant visa is immediately available to the alien at the time the alien's application is filed4 7#b7 7,a7 ,an application that is based on a petition approved or approvable under subparagraph 7,a7 or 7,b7 of section #bjd7;a77#a7 may be filed without regard to the limitation set forth in paragraph 7#a77;,c74 7,b7 ,an application for adjustment filed for an alien under this paragraph may not be approved until such time as an immigrant visa becomes available for the alien4 4 7e7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 #bcjf4 ,numerical limitations on individual foreign states 7a7 ,numerical limitation to any single foreign ,state ,section #bjb7;a77#b7 7#h ,u4,s4,c4 #aaeb7;a77#b77 is amended-- 7#a7 in the paragraph heading1 by striking ,,and ,,employment-,,based2 7#b7 by striking 7#c71 7#d71 and 7#e71 and inserting 7#c7 and 7#d712 7#c7 by striking subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 7#d7 by striking #g and inserting #ae2 and 7#e7 by striking such subsections and inserting such section4 7b7 ,conforming amendments ,section #bjb 7#h ,u4,s4,c4 #aaeb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c71 by striking both subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 and 7,b7 by striking paragraph 7#e72 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,special rules for countries at ceiling ,if it is determined that the total number of immigrant visas made available under section #bjc7;a7 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection 7a77#b7 in any fiscal year1 in determining the allotment of immigrant visa numbers to natives under section #bjc7;a71 visa numbers with respect to natives of that state or area shall be allocated 7to the extent practicable and otherwise consistent with this section and section #bjc7 in a manner so that1 except as provided in subsection 7a77#d71 the proportion of the visa numbers made available under each of paragraphs 7#a7 through 7#d7 of section #bjc7;a7 is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section #bjc7;a74 4 7c7 ,country-specific offset ,section #b of the ,chinese ,student ,protection ,act of #aiib 7#h ,u4,s4,c4 #abee note7 is amended-- 7#a7 in subsection 7a71 by striking subsection 7e77 and inserting subsection 7d772 and 7#b7 by striking subsection 7d7 and redesignating subsection 7e7 as subsection 7d74 7d7 ,effective date ,the amendments made by this section shall take effect #a year after the date of the enactment of this ,act4 #bcjg4 ,allocation of immigrant visas 7a7 ,preference allocation for family-based immigrants 7#a7 ,in general ,section #bjc7;a7 7#h ,u4,s4,c4 #aaec7;a77 is amended to read as follows3 7a7 ,preference allocation for family-based immigrants ,aliens subject to the worldwide level specified in section #bja7;c7 for family-based immigrants shall be allotted visas as follows3 7#a7 ,sons and daughters of citizens ,qualified immigrants who are-- 7,a7 the unmarried sons or unmarried daughters but not the children of citizens of the ,united ,states shall be allocated visas in a number not to exceed #ce percent of the worldwide level authorized in section #bja7;c71 plus the sum of-- 7i7 the number of visas not required for the class specified in paragraph 7#b7 for the current fiscal year2 and 7ii7 the number of visas not required for the class specified in subparagraph 7,b72 or 7,b7 the married sons or married daughters of citizens of the ,united ,states who are under #ca years of age at the time of filing a petition under section #bjd shall be allocated visas in a number not to exceed #be percent of the worldwide level authorized in section #bja7;c71 plus the number of any visas not required for the class specified in subparagraph 7,a7 current fiscal year4 7#b7 ,sons and daughters of residents ,qualified immigrants who are the unmarried sons or unmarried daughters of aliens admitted for permanent residence shall be allocated visas in a number not to exceed #dj percent of the worldwide level authorized in section #bja7;c71 plus any visas not required for the class specified in paragraph 7#a77;,a74 4 7#b7 ,conforming amendments 7,a7 ,procedure for granting immigrant status ,section #bjd 7#h ,u4,s4,c4 #aaed7 is amended-- 7i7 in subsection 7a77#a77;,a77i71 by striking 7#a71 7#c71 or 7#d7 of section #bjc7;a7 and inserting subparagraph 7,a7 or 7,b7 of section #bjc7;a77#a72 and 7ii7 in subsection 7f77#a71 by striking section #bja7;b71 #bjc7;a77#a71 or #bjc7;a77#c71 and inserting section #bja7;b7 or subparagraph 7,a7 or 7,b7 of section #bjc7;a77#a74 7,b7 ,automatic conversion ,for the purposes of any petition pending or approved based on a relationship described-- 7i7 in subparagraph 7,a7 of section #bjc7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a77#a771 as amended by paragraph 7#a71 and notwithstanding the age of the alien1 such a petition shall be deemed reclassified as a petition based on a relationship described in subparagraph 7,b7 of such section #bjc7;a77#a7 upon the marriage of such alien2 or 7ii7 in subparagraph 7,b7 of such section #bjc7;a77#a71 such a petition shall be deemed reclassified as a petition based on a relationship described in subparagraph 7,a7 of such section #bjc7;a77#a7 upon the legal termination of marriage or death of such alien's spouse4 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the first day of the first fiscal year that begins at least #ah months following the date of the enactment of this ,act4 7b7 ,preference allocation for ,employment-based immigrants ,section #bja7;b77#a7 7#h ,u4,s4,c4 #aaea7;b77#a77 is amended by adding at the end the following3 7,f7 ,derivative beneficiaries as described in section #bjc7;d7 of employment-based immigrants under section #bjc7;b74 7,g7 ,aliens with extraordinary ability in the sciences1 arts1 education1 business1 or athletics which has been demonstrated by sustained national or international acclaim1 if1 with respect to any such alien-- 7i7 the achievements of such alien have been recognized in the field through extensive documentation2 7ii7 such alien seeks to enter the ,united ,states to continue work in the area of extraordinary ability2 and 7iii7 the entry of such alien into the ,united ,states will substantially benefit prospectively the ,united ,states4 7,h7 ,aliens who are outstanding professors and researchers if1 with respect to any such alien-- 7i7 the alien is recognized internationally as outstanding in a specific academic area2 7ii7 the alien has at least #c years of experience in teaching or research in the academic area2 and 7iii7 the alien seeks to enter the ,united ,states-- 7,i7 to be employed in for a tenured position 7or tenure-track position7 within a not for profit university or institution of higher education to teach in the academic area2 7,,ii7 for employment in a comparable position with a not for profit university or institution of higher education 1 or a governmental research organization1 to conduct research in the area2 or 7,,iii7 for employment in a comparable position to conduct research in the area with a department1 division1 or institute of a private employer1 if the department1 division1 or institute employs at least #c persons full-time in research activities and has achieved documented accomplishments in an academic field4 7,i7 ,aliens who are multinational executives and managers if1 with respect to any such alien-- 7i7 in the #c years preceding the time of the alien's application for classification and admission into the ,united ,states under this subparagraph1 the alien has been employed for at least #a year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof2 and 7ii7 the alien seeks to enter the ,united ,states in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive4 7,j7 ,aliens who have earned a doctorate degree4 7,k7 ,alien physicians who have completed the foreign residency requirements under section #bab7;e7 or obtained a waiver of these requirements or an exemption requested by an interested ,state agency or by an interested ,federal agency under section #bad7l71 including those alien physicians who completed such service before the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 4 7c7 ,technical and conforming amendments 7#a7 ,procedure for granting immigrant status ,section #bjd7;a77#a77;,e7 7#h ,u4,s4,c4 #aaed7;a77#a77;,e77 is amended by striking under section #bjc7;b77#a77;,a7 and inserting under subparagraph 7,g71 7,h71 7,i71 7,j7 or 7,k7 of section #bja7;b77#a71 or section4 7#b7 ,treatment of derivative family members ,section #bjc7;d7 7#h ,u4,s4,c4 #aaec7;d77 is amended to read as follows3 7d7 ,treatment of family members ,if accompanying or following to join a spouse or parent issued a visa under subsection 7a71 7b71 or 7c71 subparagraph 7,g71 7,h71 7,i71 7j71 or 7,k7 of section #bja7;b77#a71 or section #bja7;b77#b71 a spouse or child as defined in subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of section #aja7;b77#a7 shall be entitled to the same immigrant status and the same order of consideration provided in the respective subsection4 4 7#c7 ,aliens who are priority workers or members of the professions holding advanced degrees ,section #bjc7;b7 7#h ,u4,s4,c4 #aaec7;b77 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,aliens and inserting ,other than aliens described in paragraph 7#a7 or 7#b77;,b71 aliens2 7,b7 in paragraph 7#a7 by striking the matter preceding subparagraph 7,a7 and inserting ,aliens described in any of the following subparagraphs be admitted to the ,united ,states without respect to the worldwide level specified in section #bja7;d72 and 7,c7 by amending 7#b7 to read as follows3 7#b7 ,aliens who are members of the professions holding advanced degrees or advanced degrees in a ,,stem field 7,a7 ,professions holding advanced degrees ,visas shall be made available1 in a number not to exceed #dj percent of the worldwide level authorized in section #bja7;d71 plus any visas not required for the classes specified in paragraph 7#e71 to qualified immigrants who are members of the professions holding advanced degrees or their equivalent whose services in the sciences1 arts1 professions1 or business are sought by an employer in the ,united ,states1 including alien physicians holding foreign medical degrees that have been deemed sufficient for acceptance by an accredited ,united ,states medical residency or fellowship program4 7,b7 ,advanced degrees in a ,,stem field 7i7 ,in general ,a qualified immigrant shall be admitted to the ,united ,states without respect to the worldwide level specified in section #bja7;d7 if such immigrant-- 7,i7 has earned a graduate degree at the level of master's or higher in a field of science1 technology1 engineering1 or mathematics from an accredited ,united ,states institution of higher education 7,,ii7 has an offer of employment from a ,united ,states employer in a field related to such degree2 and 7,,iii7 earned the qualifying graduate degree within the #e years immediately prior to the initial filing date of the petition under which the nonimmigrant is a beneficiary4 7ii7 ,united ,states doctoral institution of higher education ,in this subparagraph1 the term ,united ,states doctoral institution of higher education means an institution that-- 7,i7 is described in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a77 or is a proprietary institution of higher education 7as defined in section #ajb7;b7 of such ,act 7#bj ,u4,s4,c4 #ajjb7;b7772 7,,ii7 was classified by the ,carnegie ,foundation for the ,advancement of ,teaching on ,january #a1 #bjab1 as a doctorate-granting university with a very high or high level of research activity or classified by the ,national ,science ,foundation after the date of enactment of this paragraph1 pursuant to an application by the institution1 as having equivalent research activity to those institutions that had been classified by the ,carnegie ,foundation as being doctorate-granting universities with a very high or high level of research activity2 and 7,,iii7 is accredited by an accrediting body that is itself accredited either by the ,department of ,education or by the ,council for ,higher ,education ,accreditation4 7,c7 ,waiver of job offer 7i7 ,national interest waiver ,subject to clause 7ii71 the ,secretary of ,homeland ,security may1 if the ,secretary deems it to be in the national interest1 waive the requirements of subparagraph 7,a7 that an alien's services in the sciences1 arts1 professions1 or business be sought by an employer in the ,united ,states4 7ii7 ,physicians working in shortage areas or veterans facilities 7,i7 ,in general ,the ,secretary shall grant a national interest waiver pursuant to clause 7i7 on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph 7,a7 if-- 7aa7 the alien physician agrees to work full time as a physician practicing primary care1 specialty medicine1 or a combination thereof1 in an area or areas designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the ,secretary of ,veterans ,affairs2 or 7bb7 the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals 7without regard to whether such facility or facilities are located within such an area7 and a ,federal agency or a local1 county1 regional1 or ,state department of public health determines that the alien physician's work at such facility was or will be in the public interest4 7,,ii7 ,prohibition 7aa7 ,no permanent resident visa may be issued to an alien physician described in subclause 7,i7 by the ,secretary of ,state under section #bjd7;b71 and the ,secretary of ,homeland ,security may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section #bde1 until such time as the alien has worked full time as a physician for an aggregate of #e years 7not including the time served in the status of an alien described in section #aja7;a77#ae77;,j771 in an area or areas designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the ,secretary of ,veterans ,affairs2 or at a facility or facilities meeting the requirements of subclause 7,i77bb74 7bb7 ,the #e-year service requirement of item 7aa7 shall be counted from the date the alien physician begins work in the shortage area in any legal status and not the date an immigrant visa petition is filed or approved4 ,such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education4 7cc7 ,an alien physician shall not be required to submit an employment contract with a term exceeding the balance of the #e-year commitment yet to be served1 nor an employment contract dated within a minimum time period prior to filing of a visa petition pursuant to this subsection4 7dd7 ,an alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition4 7,,iii7 ,statutory construction ,nothing in this subparagraph may be construed to prevent the filing of a petition with the ,secretary of ,homeland ,security for classification under section #bjd7;a71 by an alien physician described in subclause 7,i7 prior to the date by which such alien physician has completed the service described in subclause 7,,ii7 or in section #bad7l74 4 7#d7 ,exception from labor certification requirement for ,,stem immigrants ,section #bab7;a77#e77;,d7 7#h ,u4,s4,c4 #aahb7;a77#e77;,d77 is amended to read as follows3 7,d7 ,application of grounds 7i7 ,in general ,except as provided in clause 7ii71 the grounds for inadmissibility of aliens under subparagraphs 7,a7 and 7,b7 shall apply to immigrants seeking admission or adjustment of status under paragraph 7#b7 or 7#c7 of section #bjc7;b74 7ii7 ,special rule for ,,stem immigrants ,the grounds for inadmissibility of aliens under subparagraph 7,a7 shall not apply to an immigrant seeking admission or adjustment of status under paragraph 7#b77;,a77ii7 of section #bjc7;b74 4 7#e7 ,skilled workers1 professionals1 and other workers 7,a7 ,in general ,section #bjc7;b77#c77;,a7 7#h ,u4,s4,c4 #aaec7;b77#c77;,a77 is amended by striking in a number not to exceed #bh4f percent of such worldwide level1 plus any visas not required for the classes specified in paragraphs 7#a7 and 7#b71 and inserting in a number not to exceed #dj percent of the worldwide level authorized in section #bja7;d71 plus any visas not required for the class specified in paragraph 7#b714 7,b7 ,medical license requirements ,section #bad7;i77#b77;,a7 7#h ,u4,s4,c4 #aahd7;i77#b77;,a77 is amended by adding at the end including in the case of a medical doctor1 the licensure required to practice medicine in the ,united ,states14 7,c7 ,repeal of limitation on other workers ,section #bjc7;b77#c7 7#h ,u4,s4,c4 #aaec7;b77#c77 is amended-- 7i7 by striking subparagraph 7,b72 and 7ii7 redesignated subparagraph 7,c7 as subparagraph 7,b74 7#f7 ,certain special immigrants ,section #bjc7;b77#d7 7#h ,u4,s4,c4 #aaec7;b77#d77 is amended by striking in a number not to exceed #g4a percent of such worldwide level1 and inserting in a number not to exceed #aj percent of the worldwide level authorized in section #bja7;d71 plus any visas not required for the class specified in paragraph 7#c714 7#g7 ,employment creation ,section #bjc7;b77#e77;,a7 7#h ,u4,s4,c4 #aaec7;b77#e77;,a77 is amended by striking in a number not to exceed #g4a percent of such worldwide level1 and inserting in a number not to exceed #aj percent of the worldwide level authorized in section #bja7;d71 plus any visas not required for the class specified in paragraph 7#d71 4 #bcjh4 ,v nonimmigrant visas 7a7 ,nonimmigrant eligibility ,subparagraph 7,v7 of section #aja7;a77#ae7 7#h ,u4,s4,c4 #aaja7;a77#ae77 is amended to read as follows3 7,v7 7i7 subject to section #bad7q77#a7 and section #bab7;a77#d71 an alien who is the beneficiary of an approved petition under section #bjc7;a7 as-- 7,i7 the unmarried son or unmarried daughter of a citizen of the ,united ,states2 7,,ii7 the unmarried son or unmarried daughter of an alien lawfully admitted for permanent residence2 or 7,,iii7 the married son or married daughter of a citizen of the ,united ,states and who is under #ca years of age2 or 7ii7 subject to section #bad7q77#b71 an alien who is-- 7,i7 the sibling of a citizen of the ,united ,states2 or 7,,ii7 the married son or married daughter of a citizen of the ,united ,states and who is over #ca years of age4 4 7b7 ,employment and period of admission of nonimmigrants described in section #aja7;a77#ae77,v7 ,section #bad7q7 7#h ,u4,s4,c4 #aahd7q77 is amended to read as follows3 7q7 ,nonimmigrants described in section #aja7;a77#ae77,v7 7#a7 ,certain sons and daughters 7,a7 ,employment authorization ,the ,secretary shall-- 7i7 authorize a nonimmigrant admitted pursuant to section #aja7;a77#ae77,v77i7 to engage in employment in the ,united ,states during the period of such nonimmigrant's authorized admission2 and 7ii7 provide such a nonimmigrant with an employment authorized endorsement or other appropriate document signifying authorization of employment4 7,b7 ,termination of admission ,the period of authorized admission for such a nonimmigrant shall terminate #cj days after the date on which-- 7i7 such nonimmigrant's application for an immigrant visa pursuant to the approval of a petition under subsection 7a7 or 7c7 of section #bjc is denied2 or 7ii7 such nonimmigrant's application for adjustment of status under section #bde pursuant to the approval of such a petition is denied4 7#b7 ,siblings and sons and daughters of citizens 7,a7 ,employment authorization ,the ,secretary may not authorize a nonimmigrant admitted pursuant to section #aja7;a77#ae77,v77ii7 to engage in employment in the ,united ,states4 7,b7 ,period of admission ,the period of authorized admission as such a nonimmigrant may not exceed #fj days per fiscal year4 7,c7 ,treatment of period of admission ,an alien admitted under section #aja7;a77#ae77,v7 may not received an allocation of points pursuant to section #baa of this ,act which is section #bja7;e7 as amended for residence in the ,united ,states while admitted as such a nonimmigrant4 4 7c7 ,public benefits ,a noncitizen who is lawfully present in the ,united ,states pursuant to section #aja7;a77#ae77,v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,v77 is not eligible for any means-tested public benefits 7as such term is defined in section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac774 ,a noncitizen admitted under this section is-- 7#a7 not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf2 7#b7 shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection 7e7 of such section2 and 7#c7 shall be subject to the rules applicable to individuals not lawfully present that are set forth in section #adjb7;e7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga74 7d7 ,effective date ,the amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this ,act4 #bcji4 ,fiance and fianc child status protection 7a7 ,definition ,section #aja7;a77#ae77,k7 7#h ,u4,s4,c4 #aaja7;a77#ae77,k77i7 is amended-- 7#a7 in clause 7i71 by inserting or of an alien lawfully admitted for permanent residence after #bjd7;a77#a77;,a77viii77,i772 7#b7 in clause 7ii71 by inserting or of an alien lawfully admitted for permanent residence after #bjd7;a77#a77;,a77viii77,i772 and 7#c7 in clause 7iii71 by striking the semicolon and inserting 1 provided that a determination of the age of such child is made using the age of the alien on the date on which the fianc1 fiance1 or immigrant visa petition is filed with the ,secretary of ,homeland ,security to classify the alien's parent as the fiance or fianc of a ,united ,states citizen or of an alien lawfully admitted for permanent residence 7in the case of an alien parent described in clause 7i77 or as the spouse of a citizen of the ,united ,states or of an alien lawfully admitted to permanent residence under section #bja7;b77#b77;,a77i7 7in the case of an alien parent described in clause 7ii7724 7b7 ,adjustment of status authorized ,section #bad7;d7 7#h ,u4,s4,c4 #aahd7;d77 is amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7#b7 in paragraph 7#a71 by striking ,in the event and all that follows through the end2 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 7,a7 ,if an alien does not marry the petitioner under paragraph 7#a7 within #c months after the alien and the alien's children are admitted into the ,united ,states1 the visa previously issued under the provisions of section #aaja7;a77#ae77,k77i7 shall automatically expire and such alien and children shall be required to depart from the ,united ,states4 ,if such aliens fail to depart from the ,united ,states1 they shall be placed in proceedings in accordance with sections #bdj and #bda4 7,b7 ,subject to subparagraphs 7,c7 and 7,d71 if an alien marries the petitioner described in section #aja7;a77#ae77,k77i7 within #ij days after the alien is admitted into the ,united ,states1 the ,secretary or the ,attorney ,general1 subject to the provisions of section #bde7;d71 may adjust the status of the alien1 and any children accompanying or following to join the alien1 to that of an alien lawfully admitted for permanent residence on a conditional basis under section #baf if the alien and any such children apply for such adjustment and are not determined to be inadmissible to the ,united ,states4 ,if the alien does not apply for such adjustment within #f months after the marriage1 the visa issued under the provisions of section #aaja7;a77#ae77,k7 shall automatically expire4 7,c7 ,paragraphs 7#e7 and 7#g77;,a7 of section #bab7;a7 shall not apply to an alien who is eligible to apply for adjustment of the alien's status to an alien lawfully admitted for permanent residence under this section4 7,d7 ,an alien eligible for a waiver of inadmissibility as otherwise authorized under this ,act or the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act shall be permitted to apply for adjustment of the alien's status to that of an alien lawfully admitted for permanent residence under this section4 4 7c7 ,age ,determination ,section #bde7;d7 7#h ,u4,s4,c4 #abee7;d77 is amended-- 7#a7 by inserting 7#a7 before ,the ,attorney ,general by striking ,the ,attorney ,general and inserting 7#a7 ,the ,secretary of ,homeland ,security2 7#b7 in paragraph 7#a71 as designated under paragraph 7#a7 of this subsection1 by striking ,attorney ,general and inserting ,secretary2 and 7#c7 by adding at the end the following3 7#b7 ,a determination of the age of an alien admitted to the ,united ,states under section #aja7;a77#ae77,k77iii7 shall be made1 for purposes of adjustment to the status of an alien lawfully admitted for permanent residence on a conditional basis under section #baf1 using the age of the alien on the date on which the fianc1 fiance1 or immigrant visa petition was filed with the ,secretary of ,homeland ,security to classify the alien's parent as the fiance or fianc of a ,united ,states citizen or of an alien lawfully admitted to permanent residence 7in the case of an alien parent admitted to the ,united ,states under section #aja7;a77#ae77,k77i77 or as the spouse of a ,united ,states citizen or of an alien lawfully admitted to permanent residence under section #bja7;b77#b77;,a77i7 7in the case of an alien parent admitted to the ,united ,states under section #aja7;a77#ae77,k77ii774 4 7d7 ,applicability ,the amendments made by this section shall apply to all petitions or applications described in such amendments that are pending as of the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7e7 ,technical and conforming amendments 7#a7 ,definitions ,section #aja7;a77#ae77,k7 7#h ,u4,s4,c4 #aaja7;a77#ae77,k771 as amended by subsection 7a71 if further amended-- 7,a7 in clause 7ii71 by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b72 and 7,b7 in clause 7iii71 by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b74 7#b7 ,age determination ,section paragraph 7#b7 of section #bde7;d7 7#h ,u4,s4,c4 #abee7;d771 as add by subsection 7c71 is further amended by striking section #bja7;b77#b77;,a77i7 and inserting #bja7;b77#b74 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the first day of the first fiscal year beginning no earlier than #a year after the date of the enactment of this ,act4 #bcaj4 ,equal treatment for all stepchildren ,section #aja7;b77#a77;,b7 7#h ,u4,s4,c4 #aaja7;b77#a77;,b77 is amended by striking eighteen years and inserting #ba years4 #bcaa4 ,international adoption harmonization 7a7 ,modification of adoption age requirements ,section #aja7;b77#a7 7#h ,u4,s4,c4 #aaja7;b77#a77 is amended-- 7#a7 in subparagraph 7,e7-- 7,a7 by striking 7,e77i7 and inserting 7,e72 7,b7 by striking sixteen and inserting #ah2 7,c7 by striking 2 or and inserting a semicolon2 and 7,d7 by striking clause 7ii72 7#b7 in subparagraph 7,f7-- 7,a7 by striking 7,f77i7 and inserting 7,f72 7,b7 by striking sixteen and inserting #ah2 7,c7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,d7 by striking clause 7ii72 and 7#c7 in subparagraph 7,g71 by striking #af and inserting #ah4 7b7 ,harmonizing adoptions between ,hague ,convention and non-,hague-,convention countries ,section #bab7;a77#a77;,c77ii7 7#h ,u4,s4,c4 #aahb7;a77#a77;,c77ii77 is amended by striking section #aja7;b77#a77;,f71 and inserting subparagraph 7,f7 or 7,g7 of section #aja7;b77#a714 #bcab4 ,relief for orphans1 widows1 and widowers 7a7 ,in general 7#a7 ,special rule for orphans and spouses ,in applying clauses 7iii7 and 7iv7 of section #bja7;b77#b77;,a7 of the ,immigration and ,nationality ,act1 as added by section #ajb7;a7 of this ,act1 to an alien whose citizen or lawful permanent resident relative died before the date of the enactment of this ,act1 the alien relative may file the classification petition under section #bjd7;a77#a77;,a77ii7 of such ,act1 as amended by section #ajb7;c77#d77;,a77i77,,ii7 of this ,act1 not later than #b years after the date of the enactment of this ,act4 7#b7 ,eligibility for parole ,if an alien was excluded1 deported1 removed1 or departed voluntarily before the date of the enactment of this ,act based solely upon the alien's lack of classification as an immediate relative 7as defined in section #bja7;b77#b77;,a77iv7 of the ,immigration and ,nationality ,act1 as amended by section #ajb7;a7 of this ,act7 due to the death of such citizen or resident-- 7,a7 such alien shall be eligible for parole into the ,united ,states pursuant to the ,secretary's discretionary authority under section #bab7;d77#e7 of such ,act 7#h ,u4,s4,c4 #aahb7;d77#e772 and 7,b7 such alien's application for adjustment of status shall be considered notwithstanding section #bab7;a77#i7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#i774 7#c7 ,eligibility for parole ,if an alien described in section #bjd7l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7l771 was excluded1 deported1 removed1 or departed voluntarily before the date of the enactment of this ,act-- 7,a7 such alien shall be eligible for parole into the ,united ,states pursuant to the ,secretary's discretionary authority under section #bab7;d77#e7 of such ,act 7#h ,u4,s4,c4 #aahb7;d77#e772 and 7,b7 such alien's application for adjustment of status shall be considered notwithstanding section #bab7;a77#i7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#i774 7b7 ,processing of immigrant visas and derivative petitions 7#a7 ,in general ,section #bjd7;b7 7#h ,u4,s4,c4 #aaed7;b77 is amended-- 7,a7 by striking ,after an investigation and inserting 7#a7 ,after an investigation2 and 7,b7 by adding at the end the following3 7#b7 7,a7 ,any alien described in subparagraph 7,b7 whose qualifying relative died before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred4 ,an immigrant visa issued before the death of the qualifying relative shall remain valid after such death4 7,b7 ,an alien described in this subparagraph is an alien who-- 7i7 is an immediate relative 7as described in section #bja7;b77#b77;,a772 7ii7 is a family-sponsored immigrant 7as described in subsection 7a7 or 7d7 of section #bjc72 7iii7 is a derivative beneficiary of an employment-based immigrant under section #bjc7;b7 7as described in section #bjc7;d772 or 7iv7 is the spouse or child of a refugee 7as described in section #bjg7;c77#b77 or an asylee 7as described in section #bjh7;b77#c774 4 7#b7 ,transition period 7,a7 ,in general ,notwithstanding a denial or revocation of an application for an immigrant visa for an alien whose qualifying relative died before the date of the enactment of this ,act1 such application may be renewed by the alien through a motion to reopen1 without fee4 7,b7 ,inapplicability of bars to entry ,notwithstanding section #bab7;a77#i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i771 an alien's application for an immigrant visa shall be considered if the alien was excluded1 deported1 removed1 or departed voluntarily before the date of the enactment of this ,act4 7c7 ,naturalization ,section #cai7;a7 7#h ,u4,s4,c4 #adcj7;a77 is amended by striking ,states1 and inserting ,states 7or if the spouse is deceased1 the spouse was a citizen of the ,united ,states714 7d7 ,waivers of inadmissibility ,section #bab 7#h ,u4,s4,c4 #aahb7 is amended by adding at the end the following3 7v7 ,continued waiver eligibility for widows1 widowers1 and orphans ,in the case of an alien who would have been statutorily eligible for any waiver of inadmissibility under this ,act but for the death of a qualifying relative1 the eligibility of such alien shall be preserved as if the death had not occurred and the death of the qualifying relative shall be the functional equivalent of hardship for purposes of any waiver of inadmissibility which requires a showing of hardship4 4 7e7 ,surviving relative consideration for certain petitions and applications ,section #bjd7l77#a7 7#h ,u4,s4,c4 #aaed7l77#a77 is amended-- 7#a7 by striking who resided in the ,united ,states at the time of the death of the qualifying relative and who continues to reside in the ,united ,states2 and 7#b7 by striking related applications1 and inserting related applications 7including affidavits of support714 7f7 ,immediate relatives ,section #bja7;b77#b77;,a77i7 7#h ,u4,s4,c4 #aaea7;b77#b77;,a77i77 is amended by striking within #b years after such date4 7g7 ,family-sponsored immigrants ,section #bab7;a77#d77;,c77i7 7#h ,u4,s4,c4 #aahb7;a77#d77;,c77i77 is amended-- 7#a7 in subclause 7,i71 by striking 1 or and inserting a semicolon2 7#b7 in subclause 7,,ii71 by striking or at the end2 and 7#c7 by adding at the end the following3 7,,iv7 the status as a surviving relative under #bjd7l72 or 4 #bcac4 ,discretionary authority with respect to removal1 deportation or inadmissibility of citizen and resident immediate family members 7a7 ,applications for relief from removal ,section #bdj7;c77#d7 7#h ,u4,s4,c4 #abbi;a7c77#d77 is amended by adding at the end the following3 7,d7 ,judicial discretion ,in the case of an alien subject to removal1 deportation1 or exclusion1 the immigration judge may exercise discretion to decline to order the alien removed1 deported or excluded from the ,united ,states and terminate proceedings if the judge determines that such removal1 deportation1 or exclusion is against the public interest or would result in hardship to the alien's ,united ,states citizen or permanent resident parent of a child1 spouse1 or child1 or the judge determines the alien is prima facie eligible for naturalization except that this subparagraph shall not apply to an alien whom the judge determines-- 7i7 is described in-- 7,i7 subparagraph 7,b71 7,c71 7,d77ii71 7,e71 7,h71 7,i71 or 7,j7 of section #bab7;a77#b72 7,,ii7 section #bab7;a77#c72 7,,iii7 subparagraph 7,a71 7,c71 or 7,d7 of section #bab7;a77#aj72 or 7,,iv7 paragraph 7#b77;,a77ii71 7#b77;,a77v71 7#b77;,f71 7#d71 or 7#f7 of section #bcg7;a72 or 7ii7 has-- 7,i7 engaged in conduct described in paragraph 7#h7 or 7#i7 of section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb72 or 7,,ii7 a felony conviction described in section #aja7;a77#dc7 that would have been classified as an aggravated felony at the time of conviction4 4 7b7 ,secretary's discretion ,section #bab 7#h ,u4,s4,c4 #aahb71 as amended by section #bcab7;d71 is further amended by adding at the end the following3 7w7 ,secretary's discretion ,in the case of an alien inadmissible under this section1 the ,secretary of ,homeland ,security may exercise discretion to waive a ground of inadmissibility if the ,secretary determines that such refusal of admission is against the public interest or would result in hardship to the alien's ,united ,states citizen or permanent resident parent1 spouse1 or child except that this subparagraph shall not apply to an alien whom the ,secretary determines-- 7#a7 is described in-- 7,a7 subparagraph 7,b71 7,c71 7,d77ii71 7,e71 7,h71 7,i71 of subsection 7a77#b72 7,b7 subsection 7a77#c72 7,c7 subparagraph 7,a71 7,c71 or 7,d7 of subsection 7a77#aj72 7,d7 paragraphs 7#b77;,a77ii71 7#b77;,a77v71 7#b77;,f71 or 7#f7 of section #bcg7;a72 or 7,e7 section #bdj7;c77#d77;,d77ii77,,ii72 or 7#b7 has-- 7,a7 engaged in conduct described in paragraph 7#h7 or 7#i7 of section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb72 or 7,b7 a felony conviction described in section #aja7;a77#dc7 that would have been classified as an aggravated felony at the time of conviction4 4 7c7 ,reinstatement of removal orders ,section #bda7;a77#e7 7#h ,u4,s4,c4 #abca7;a77#e77 is amended by striking the period at the end and inserting 1 unless the alien reentered prior to attaining the age of #ah years1 or reinstatement of the prior order of removal would not be in the public interest or would result in hardship to the alien's ,united ,states citizen or permanent resident parent1 spouse1 or child44 #bcad4 ,waivers of inadmissibility 7a7 ,aliens who entered as children ,section #bab7;a77#i77;,b77iii7 7#h ,u4,s4,c4 #aahb7;a77#i77;,b77iii77 is amended by adding at the end the following3 7,,vi7 ,aliens who entered as children ,clause 7i7 shall not apply to an alien who is the beneficiary of an approved petition under #aja7;a77#ae77;,h7 and who has earned a baccalaureate or higher degree from a ,united ,states institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a771 and had not yet reached the age of #af years at the time of initial entry to the ,united ,states4 4 7b7 ,aliens unlawfully present ,section #bab7;a77#i77;,b77v7 7#h ,u4,s4,c4 #aaha7;a77#i77;,b77v7 is amended-- 7#a7 by striking spouse or son or daughter and inserting spouse1 son1 daughter1 or parent2 and 7#b7 by striking extreme4 7c7 ,previous immigration violations ,section #bab7;a77#i77;,c77i7 7#h ,u4,s4,c4 #aahb7;a77#i77;,c77i77 is amended by adding 1 other than an alien described in clause 7iii7 or 7iv7 of subparagraph 7,b71 after ,any alien4 7d7 ,false claims 7#a7 ,inadmissibility 7,a7 ,in general ,section #bab7;a77#f77;,c7 7#h ,u4,s4,c4 #aahb7;a77#f77;,c77 is amended to read as follows3 7,c7 ,misrepresentation 7i7 ,in general ,any alien who1 by fraud or willfully misrepresenting a material fact1 seeks to procure 7or within the last #c years has sought to procure or has procured7 a visa1 other documentation1 or admission into the ,united ,states or other benefit provided under this ,act is inadmissible4 7ii7 ,falsely claiming citizenship 7,i7 ,inadmissibility ,subject to subclause 7,,ii71 any alien who knowingly misrepresents himself or herself to be a citizen of the ,united ,states for any purpose or benefit under this chapter 7including section #bgd;,a7 or any other ,federal or ,state law is inadmissible4 7,,ii7 ,special rule for children ,an alien shall not be inadmissible under this clause if the misrepresentation described in subclause 7,i7 was made by the alien when the alien-- 7aa7 was under #ah years of age2 or 7bb7 otherwise lacked the mental competence to knowingly misrepresent a claim of ,united ,states citizenship4 7iii7 ,waiver ,the ,attorney ,general or the ,secretary of ,homeland ,security may1 in the discretion of the ,attorney ,general or the ,secretary1 waive the application of clause 7i7 or 7ii77,i7 for an alien1 regardless whether the alien is within or outside the ,united ,states1 if the ,attorney ,general or the ,secretary find that a determination of inadmissibility to the ,united ,states for such alien would-- 7,i7 result in extreme hardship to the alien or to the alien's parent1 spouse1 son1 or daughter who is a citizen of the ,united ,states or an alien lawfully admitted for permanent residence2 or 7,,ii7 in the case of a ,,vawa self-petitioner1 result in significant hardship to the alien or a parent or child of the alien who is a citizen of the ,united ,states1 an alien lawfully admitted for permanent residence1 or a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda7;b774 7iv7 ,limitation on review ,no court shall have jurisdiction to review a decision or action of the ,attorney ,general or the ,secretary regarding a waiver under clause 7iii74 4 7,b7 ,conforming amendment ,section #bab 7#h ,u4,s4,c4 #aahb7 is amended by striking subsection 7i74 7#b7 ,deportability ,section #bcg7;a77#c77;,d7 7#h ,u4,s4,c4 #abbg7;a77#c77;,d77 is amended to read as follows3 7,d7 ,falsely claiming citizenship ,any alien described in section #bab7;a77#f77;,c77ii7 is deportable4 4 #bcae4 ,continuous presence ,section #bdj;,a7d77#a7 7#h ,u4,s4,c4 #abbi;b7d77#a77 is amended to read as follows3 7#a7 ,termination of continuous period ,for purposes of this section1 any period of continuous residence or continuous physical presence in the ,united ,states shall be deemed to end1 except in the case of an alien who applies for cancellation of removal under subsection 7b77#b71 on the date that a notice to appear is filed with the ,executive ,office for ,immigration ,review pursuant to section #bdj4 4 #bcaf4 ,global health care cooperation 7a7 ,temporary absence of aliens providing health care in developing countries 7#a7 ,in general ,title ,,iii 7#h ,u4,s4,c4 #adja et seq47 is amended by inserting after section #cag the following3 #cag;,a4 ,temporary absence of aliens providing health care in developing countries 7a7 ,in general ,notwithstanding any other provision of this ,act1 the ,secretary of ,homeland ,security shall allow an eligible alien and the spouse or child of such alien to reside in a candidate country during the period that the eligible alien is working as a physician or other health care worker in a candidate country4 ,during such period the eligible alien and such spouse or child shall be considered-- 7#a7 to be physically present and residing in the ,united ,states for purposes of naturalization under section #caf7;a72 and 7#b7 to meet the continuous residency requirements under section #caf7;b74 7b7 ,definitions ,in this section3 7#a7 ,candidate country ,the term candidate country means a country that the ,secretary of ,state determines to be-- 7,a7 eligible for assistance from the ,international ,development ,association1 in which the per capita income of the country is equal to or less than the historical ceiling of the ,international ,development ,association for the applicable fiscal year1 as defined by the ,international ,bank for ,reconstruction and ,development2 7,b7 classified as a lower middle income country in the then most recent edition of the ,world ,development ,report for ,reconstruction and ,development published by the ,international ,bank for ,reconstruction and ,development and having an income greater than the historical ceiling for ,international ,development ,association eligibility for the applicable fiscal year2 or 7,c7 qualified to be a candidate country due to special circumstances1 including natural disasters or public health emergencies4 7#b7 ,eligible alien ,the term eligible alien means an alien who-- 7,a7 has been lawfully admitted to the ,united ,states for permanent residence2 and 7,b7 is a physician or other healthcare worker4 7c7 ,consultation ,the ,secretary of ,homeland ,security shall consult with the ,secretary of ,state in carrying out this section4 7d7 ,publication ,the ,secretary of ,state shall publish-- 7#a7 not later than #ahj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 a list of candidate countries2 7#b7 an updated version of the list required by paragraph 7#a7 not less often than once each year2 and 7#c7 an amendment to the list required by paragraph 7#a7 at the time any country qualifies as a candidate country due to special circumstances under subsection 7b77#a77;,c74 4 7#b7 ,rulemaking 7,a7 ,requirement ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to carry out the amendments made by this subsection4 7,b7 ,content ,the regulations promulgated pursuant to subparagraph 7,a7 shall-- 7i7 permit an eligible alien 7as defined in section #cag;,a of the ,immigration and ,nationality ,act1 as added by subsection 7a77 and the spouse or child of the eligible alien to reside in a foreign country to work as a physician or other healthcare worker as described in subsection 7a7 of such section #cag;,a for not less than a #ab-month period and not more than a #bd-month period1 and shall permit the ,secretary to extend such period for an additional period not to exceed #ab months1 if the ,secretary determines that such country has a continuing need for such a physician or other healthcare worker2 7ii7 provide for the issuance of documents by the ,secretary to such eligible alien1 and such spouse or child1 if appropriate1 to demonstrate that such eligible alien1 and such spouse or child1 if appropriate1 is authorized to reside in such country under such section #cag;,a2 and 7iii7 provide for an expedited process through which the ,secretary shall review applications for such an eligible alien to reside in a foreign country pursuant to subsection 7a7 of such section #cag;,a if the ,secretary of ,state determines a country is a candidate country pursuant to subsection 7b77#a77;,c7 of such section #cag;,a4 7#c7 ,technical and conforming amendments 7,a7 ,definition ,section #aja7;a77#ac77;,c77ii7 7#h ,u4,s4,c4 #aaja7;a77#ac77;,c77ii77 is amended by adding except in the case of an eligible alien1 or the spouse or child of such alien1 who is authorized to be absent from the ,united ,states under section #cag;,a1 at the end4 7,b7 ,documentary requirements ,section #baa7;b7 7#h ,u4,s4,c4 #aaha7;b77 is amended by inserting 1 including an eligible alien authorized to reside in a foreign country under section #cag;,a and the spouse or child of such eligible alien1 if appropriate1 after #aja7;a77#bg77;,a714 7,c7 ,ineligible aliens ,section #bab7;a77#g77;,a77i77,i7 7#h ,u4,s4,c4 #aahb7;a77#g77;,a77i77,i77 is amended by inserting other than an eligible alien authorized to reside in a foreign country under section #cag;,a and the spouse or child of such eligible alien1 if appropriate1 after ,act14 7#d7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #cag the following3 ,sec4 #cag;,a4 ,temporary absence of aliens providing health care in developing countries4 4 7b7 ,attestation by health care workers 7#a7 ,attestation requirement ,section #bab7;a77#e7 7#h ,u4,s4,c4 #aahb7;a77#e77 is amended by adding at the end the following3 7,e7 ,health care workers with other obligations 7i7 ,in general ,an alien who seeks to enter the ,united ,states for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the ,secretary of ,homeland ,security or the ,secretary of ,state1 as appropriate1 an attestation that the alien is not seeking to enter the ,united ,states for such purpose during any period in which the alien has an outstanding obligation to the government of the alien's country of origin or the alien's country of residence4 7ii7 ,obligation defined ,in this subparagraph1 the term obligation means an obligation incurred as part of a valid1 voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien's country of origin or the alien's country of residence4 7iii7 ,waiver ,the ,secretary of ,homeland ,security may waive a finding of inadmissibility under clause 7i7 if the ,secretary determines that-- 7,i7 the obligation was incurred by coercion or other improper means2 7,,ii7 the alien and the government of the country to which the alien has an outstanding obligation have reached a valid1 voluntary agreement1 pursuant to which the alien's obligation has been deemed satisfied1 or the alien has shown to the satisfaction of the ,secretary that the alien has been unable to reach such an agreement because of coercion or other improper means2 or 7,,iii7 the obligation should not be enforced due to other extraordinary circumstances1 including undue hardship that would be suffered by the alien in the absence of a waiver4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 7#c7 ,application ,not later than the effective date described in paragraph 7#b71 the ,secretary of ,homeland ,security shall begin to carry out subparagraph 7,e7 of section #bab7;a77#e7 of the ,immigration and ,nationality ,act1 as added by paragraph 7#a71 including the requirement for the attestation and the granting of a waiver described in clause 7iii7 of such subparagraph 7,e71 regardless of whether regulations to implement such subparagraph have been promulgated4 #bcag4 ,extension and improvement of the ,iraqi special immigrant visa program ,the ,refugee ,crisis in ,iraq ,act of #bjjg 7#h ,u4,s4,c4 #aaeg note7 is amended-- 7#a7 in section #abdb1 by amended subsection 7c7 to read as follows3 7c7 ,improved application process ,not later than #abj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 shall improve the efficiency by which applications for special immigrant visas under section #abdd7;a7 are processed so that all steps incidental to the issuance of such visas1 including required screenings and background checks1 are completed not later than #i months after the date on which an eligible alien applies for such visa4 2 and 7#b7 in section #abdd-- 7,a7 subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 by amending subparagraph 7,b7 to read as follows3 7,b7 was or is employed in ,iraq on or after ,march #bj1 #bjjc1 for not less than #a year1 by1 or on behalf of-- 7i7 the ,united ,states ,government2 7ii7 a media or nongovernmental organization headquartered in the ,united ,states2 or 7iii7 an organization or entity closely associated with the ,united ,states mission in ,iraq that has received ,united ,states ,government funding through an official and documented contract1 award1 grant1 or cooperative agreement2 2 7,,ii7 in subparagraph 7,c71 by striking ,united ,states ,government and inserting an entity or organization described in subparagraph 7,b72 and 7,,iii7 in subparagraph 7,d71 by striking by striking ,united ,states ,government4 and inserting such entity or organization42 7ii7 in paragraph 7#d7-- 7,i7 by striking ,a recommendation and inserting the following3 7,a7 ,in general ,except as provided under subparagraph 7,b71 a recommendation 2 7,,ii7 by striking ,united ,states ,government prior and inserting an entity or organization described in paragraph 7#a77;,b7 prior2 and 7,,iii7 by adding at the end the following3 7,b7 ,review process for denial by ,chief of ,mission 7i7 ,in general ,an applicant who has been denied ,chief of ,mission approval required by subparagraph 7,a7 shall-- 7,i7 receive a written decision2 and 7,,ii7 be provided #abj days from the date of the decision to request reopening of the decision to provide additional information1 clarify existing information1 or explain any unfavorable information4 7ii7 ,senior coordinator ,the ,secretary of ,state shall designate1 in the ,embassy of the ,united ,states in ,baghdad1 ,iraq1 a senior coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section1 who shall be given-- 7,i7 sufficiently high security clearance to review ,chief of ,mission denials in cases that appear to have relied upon insufficient or incorrect information2 and 7,,ii7 responsibility for ensuring that an applicant described in clause 7i7 receives the information described in clause 7i77,i74 2 and 7,b7 in subsection 7c77#c71 by adding at the end the following3 7,c7 ,subsequent fiscal years ,notwithstanding subparagraphs 7,a7 and 7,b71 and consistent with subsection 7b71 any unused balance of the total number of principal aliens who may be provided special immigrant status under this section in fiscal years #bjjh through #bjab may be carried forward and provided through the end of fiscal year #bjah4 2 and 7#c7 in section #abdh1 by adding at the end the following3 7f7 ,report on improvements 7#a7 ,in general ,not later than #abj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 shall submit a report1 with a classified annex1 if necessary1 to-- 7,a7 the ,committee on the ,judiciary of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall describe the implementation of improvements to the processing of applications for special immigrant visas under section #abdd7;a71 including information relating to-- 7,a7 enhancing existing systems for conducting background and security checks of persons applying for special immigrant status1 which shall-- 7i7 support immigration security2 and 7ii7 provide for the orderly processing of such applications without delay2 7,b7 the financial1 security1 and personnel considerations and resources necessary to carry out this subtitle2 7,c7 the number of aliens who have applied for special immigrant visas under section #abdd during each month of the preceding fiscal year2 7,d7 the reasons for the failure to expeditiously process any applications that have been pending for longer than #i months2 7,e7 the total number of applications that are pending due to the failure-- 7i7 to receive approval from the ,chief of ,mission2 7ii7 for ,u4,s4 ,citizenship and ,immigration ,services to complete the adjudication of the ,form ,i-#cfj2 7iii7 to conduct a visa interview2 or 7iv7 to issue the visa to an eligible alien2 7,f7 the average wait times for an applicant at each of the stages described in subparagraph 7,e72 7,g7 the number of denials or rejections at each of the stages described in subparagraph 7,e72 and 7,h7 a breakdown of reasons for denials at by the ,chief of ,mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the ,chief of ,mission4 7g7 ,public quarterly reports ,not later than #abj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 and every #c months thereafter1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 shall publish a report on the website of the ,department of ,state that describes the efficiency improvements made in the process by which applications for special immigrant visas under section #abdd7;a7 are processed1 including information described in subparagraphs 7,c7 through 7,h7 of subsection 7f77#b74 4 #bcah4 ,extension and improvement of the ,afghan special immigrant visa program ,section #fjb7;b7 of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note7 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 by amending clause 7ii7 to read as follows3 7ii7 was or is employed in ,afghanistan on or after ,october #g1 #bjja1 for not less than #a year1 by1 or on behalf of-- 7,i7 the ,united ,states ,government2 7,,ii7 a media or nongovernmental organization headquartered in the ,united ,states2 or 7,,iii7 an organization or entity closely associated with the ,united ,states mission in ,afghanistan that has received ,united ,states ,government funding through an official and documented contract1 award1 grant1 or cooperative agreement2 2 7ii7 in clause 7iii71 by striking ,united ,states ,government and inserting an entity or organization described in clause 7ii72 and 7iii7 in clause 7iv71 by striking by striking ,united ,states ,government4 and inserting such entity or organization42 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,family members ,an alien is described in this subparagraph if the alien is-- 7i7 the spouse or minor child of a principal alien described in subparagraph 7,a7 who is accompanying or following to join the principal alien in the ,united ,states2 or 7ii7 7,i7 the spouse1 child1 parent or sibling of a principal alien described in subparagraph 7,a71 whether or not accompanying or following to join2 and 7,,ii7 has experienced or is experiencing an ongoing serious threat as a consequence of the qualifying employment of a principal alien described in subparagraph 7,a74 2 and 7,c7 in subparagraph 7,d7-- 7i7 by striking ,a recommendation and inserting the following3 7i7 ,in general ,except as provided under clause 7ii71 a recommendation 2 7ii7 by striking ,united ,states ,government prior and inserting an entity or organization described in paragraph 7#b77;,a77ii7 prior2 and 7iii7 by adding at the end the following3 7ii7 ,review process for denial by ,chief of ,mission 7,i7 ,in general ,an applicant who has been denied ,chief of ,mission approval shall-- 7aa7 receive a written decision2 and 7bb7 be provided #abj days from the date of receipt of such opinion to request reconsideration of the decision to provide additional information1 clarify existing information1 or explain any unfavorable information44 7,,ii7 ,senior coordinator ,the ,secretary of ,state shall designate1 in the ,embassy of the ,united ,states in ,kabul1 ,afghanistan1 a senior coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section1 who shall be given-- 7aa7 sufficiently high security clearance to review ,chief of ,mission denials in cases that appear to have relied upon insufficient or incorrect information2 and 7bb7 responsibility for ensuring that an applicant described in subclause 7,i7 receives the information described in subclause 7,i77aa74 2 7#b7 in paragraph 7#c77;,c71 by amending clause 7iii7 to read as follows3 7iii7 ,fiscal years #bjad through #bjah ,for each of the fiscal years #bjad through #bjah1 the total number of principal aliens who may be provided special immigrant status under this section may not exceed the sum of-- 7,i7 #e1jjj2 7,,ii7 the difference between the number of special immigrant visas allocated under this section for fiscal years #bjji through #bjac and the number of such allocated visas that were issued2 and 7,,iii7 any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal years #bjad through #bjah that have been carried forward4 2 7#c7 in paragraph 7#d7-- 7,a7 in the heading1 by striking ,prohibition on fees4--and inserting ,application process4--2 7,b7 by striking ,the ,secretary and inserting the following3 7,a7 ,in general ,not later than #abj days after the date of enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 shall improve the efficiency by which applications for special immigrant visas under paragraph 7#a7 are processed so that all steps incidental to the issuance of such visas1 including required screenings and background checks1 are completed not later than #f months after the date on which an eligible alien applies for such visa4 7,b7 ,prohibition on fees ,the ,secretary 2 and 7#d7 by adding at the end the following3 7#ab7 ,report on improvements ,not later than #abj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 shall submit to the appropriate committees a report1 with a classified annex1 if necessary1 that describes the implementation of improvements to the processing of applications for special immigrant visas under this subsection1 including information relating to-- 7,a7 enhancing existing systems for conducting background and security checks of persons applying for special immigrant status1 which shall-- 7i7 support immigration security2 and 7ii7 provide for the orderly processing of such applications without delay2 7,b7 the financial1 security1 and personnel considerations and resources necessary to carry out this section2 7,c7 the number of aliens who have applied for special immigrant visas under this subsection during each month of the preceding fiscal year2 7,d7 the reasons for the failure to expeditiously process any applications that have been pending for longer than #i months2 7,e7 the total number of applications that are pending due to the failure-- 7i7 to receive approval from the ,chief of ,mission2 7ii7 for ,u4,s4 ,citizenship and ,immigration ,services to complete the adjudication of the ,form ,i-#cfj2 7iii7 to conduct a visa interview2 or 7iv7 to issue the visa to an eligible alien2 7,f7 the average wait times for an applicant at each of the stages described in subparagraph 7,e72 7,g7 the number of denials or rejections at each of the stages described in subparagraph 7,e72 and 7,h7 a breakdown of reasons for denials by the ,chief of ,mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the ,chief of ,mission4 7#ac7 ,public quarterly reports ,not later than #abj days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 and every #c months thereafter1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 shall publish a report on the website of the ,department of ,state that describes the efficiency improvements made in the process by which applications for special immigrant visas under this subsection are processed1 including information described in subparagraph 7,c7 through 7,h7 of paragraph 7#ab74 4 #bcai4 ,elimination of sunsets for certain visa programs 7a7 ,special ,immigrant ,nonminister ,religious ,worker ,program ,section #aja7;a77#bg77;,c77ii7 7#h ,u4,s4,c4 #aaja 7a77#bg77;,c77ii77 is amended in subclauses 7,,ii7 and 7,,iii7 by striking before ,september #cj1 #bjae1 both places such term appears4 7b7 ,,eb -#e ,regional ,center ,program ,section #faj7;b7 of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiic 7,public ,law #ajb-cie2 #h ,u4,s4,c4 #aaec note7 is amended by striking until ,september #cj1 #bjae4 ,d ,conrad ,state #cj and physician access #bdja4 ,conrad ,state #cj ,program ,section #bbj7;c7 of the ,immigration and ,nationality ,technical ,corrections ,act of #aiid 7,public ,law #ajc-daf2 #h ,u4,s4,c4 #aahb note7 is amended by striking and before ,september #cj1 #bjae4 #bdjb4 ,retaining physicians who have practiced in medically underserved communities ,section #bja7;b77#a7 7#h ,u4,s4,c4 #aaea7;b77#a771 as amended by section #bag7;b71 is further amended by adding at the end the following3 7,l7 7i7 ,alien physicians who have completed service requirements of a waiver requested under section #bjc7;b77#b77;,b77ii71 including alien physicians who completed such service before the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act and any spouses or children of such alien physicians4 7ii7 ,nothing in this subparagraph may be construed-- 7,i7 to prevent the filing of a petition with the ,secretary of ,homeland ,security for classification under section #bjd7;a7 or the filing of an application for adjustment of status under section #bde by an alien physician described in this subparagraph prior to the date by which such alien physician has completed the service described in section #bad7l7 or worked full-time as a physician for an aggregate of #e years at the location identified in the section #bad7l7 waiver or in an area or areas designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals2 or 7,,ii7 to permit the ,secretary of ,homeland ,security to grant such a petition or application until the alien has satisfied all the requirements of the waiver received under section #bad7l74 4 #bdjc4 ,employment protections for physicians 7a7 ,in general ,section #bad7l77#a77;,c7 7#h ,u4,s4,c4 #aahd7l77#a77;,c77 is amended by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 the alien demonstrates a bona fide offer of full-time employment1 at a health care organization1 which employment has been determined by the ,secretary of ,homeland ,security to be in the public interest2 and 7ii7 the alien agrees to begin employment with the health facility or health care organization in a geographic area or areas which are designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals by the later of the date that is #ij days after receiving such waiver1 #ij days after completing graduate medical education or training under a program approved pursuant to section #bab7;j77#a71 or #ij days after receiving nonimmigrant status or employment authorization1 and agrees to continue to work for a total of not less than #c years in any status authorized for such employment under this subsection unless-- 7,i7 the ,secretary determines that extenuating circumstances exist that justify a lesser period of employment at such facility or organization1 in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization1 for the remainder of such #c-year period2 7,,ii7 the interested ,state agency that requested the waiver attests that extenuating circumstances exist that justify a lesser period of employment at such facility or organization in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization so designated by the ,secretary of ,health and ,human ,services1 for the remainder of such #c-year period2 or 7,,iii7 if the alien elects not to pursue a determination of extenuating circumstances pursuant to subclause 7,i7 or 7,,ii71 the alien terminates the alien's employment relationship with such facility or organization1 in which case the alien shall be employed for the remainder of such #c-year period1 and #a additional year for each termination1 at another health facility or health care organization in a geographic area or areas which are designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals2 and 4 7b7 ,contract requirements ,section #bad7l7 7#h ,u4,s4,c4 #aahd7l77 is amended by adding at the end the following3 7#d7 ,an alien granted a waiver under paragraph 7#a77;,c7 shall enter into an employment agreement with the contracting health facility or health care organization that-- 7,a7 specifies the maximum number of on-call hours per week 7which may be a monthly average7 that the alien will be expected to be available and the compensation the alien will receive for on-call time2 7,b7 specifies whether the contracting facility or organization will pay for the alien's malpractice insurance premiums1 including whether the employer will provide malpractice insurance and1 if so1 the amount of such insurance that will be provided2 7,c7 describes all of the work locations that the alien will work and a statement that the contracting facility or organization will not add additional work locations without the approval of the ,federal agency or ,state agency that requested the waiver2 and 7,d7 does not include a non-compete provision4 7#e7 ,an alien granted a waiver under paragraph 7#a77;,c7 whose employment relationship with a health facility or health care organization terminates during the #c-year service period required by such paragraph-- 7,a7 shall have a period of #abj days beginning on the date of such termination of employment to submit to the ,secretary of ,homeland ,security applications or petitions to commence employment with another contracting health facility or health care organization in a geographic area or areas which are designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals2 and 7,b7 shall be considered to be maintaining lawful status in an authorized stay during the #abj-;day period referred to in subsection 7,a74 4 #bdjd4 ,allotment of ,conrad #cj waivers 7a7 ,in general ,section #bad7l7 7#h ,u4,s4,c4 #aahd7l771 as amended by section #ccc7;b71 is further amended by adding at the end the following3 7#f7 7,a7 7i7 ,all ,states shall be allotted a total of #ce waivers under paragraph 7#a77;,b7 for a fiscal year if #ij percent of the waivers available to the ,states receiving at least #e waivers were used in the previous fiscal year4 7ii7 ,when an allocation has occurred under clause 7i71 all ,states shall be allotted an additional #e waivers under paragraph 7#a77;,b7 for each subsequent fiscal year if #ij percent of the waivers available to the ,states receiving at least #e waivers were used in the previous fiscal year4 ,if the ,states are allotted #de or more waivers for a fiscal year1 the ,states will only receive an additional increase of #e waivers the following fiscal year if #ie percent of the waivers available to the ,states receiving at least #a waiver were used in the previous fiscal year4 7,b7 ,any increase in allotments under subparagraph 7,a7 shall be maintained indefinitely1 unless in a fiscal year1 the total number of such waivers granted is #e percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph1 in which case-- 7i7 the number of waivers allotted shall be decreased by #e for all ,states beginning in the next fiscal year2 and 7ii7 each additional #e percent decrease in such waivers granted from the last year in which there was an increase in the allotment1 shall result in an additional decrease of #e waivers allotted for all ,states1 provided that the number of waivers allotted for all ,states shall not drop below #cj4 4 7b7 ,academic medical centers ,section #bad7l77#a77;,d7 7#h ,u4,s4,c4 #aahd7l77#a77;,d77 is amended-- 7#a7 in clause 7ii71 by striking and at the end2 7#b7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7iv7 in the case of a request by an interested ,state agency-- 7,i7 the head of such agency determines that the alien is to practice medicine in1 or be on the faculty of a residency program at1 an academic medical center 7as that term is defined in section #daa4cee7;e77#b7 of title #db1 ,code of ,federal ,regulation1 or similar successor regulation71 without regard to whether such facility is located within an area designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals2 and 7,,ii7 the head of such agency determines that-- 7aa7 the alien physician's work is in the public interest2 and 7bb7 the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such ,state for a fiscal year 7within the limitation in subparagraph 7,b7 and subject to paragraph 7#f77 in accordance with the conditions of this clause to exceed #c4 4 #bdje4 ,amendments to the procedures1 definitions1 and other provisions related to physician immigration 7a7 ,dual intent for physicians seeking graduate medical training ,section #bad7;b7 7#h ,u4,s4,c4 #aahd7;b77 is amended by striking 7other than a nonimmigrant described in subparagraph 7,l7 or 7,v7 of section #aja7;a77#ae71 and other than a nonimmigrant described in any provision of section #aja7;a77#ae77;,h77i7 except subclause 7b#a7 of such section7 and inserting 7other than a nonimmigrant described in subparagraph 7,l7 or 7,v7 of section #aja7;a77#ae71 a nonimmigrant described in any provision of section #aja7;a77#ae77;,h77i71 except subclause 7b#a7 of such section1 and an alien coming to the ,united ,states to receive graduate medical education or training as described in section #bab7;j7 or to take examinations required to receive graduate medical education or training as described in section #bab7;j774 7b7 ,allowable visa status for physicians fulfilling waiver requirements in medically underserved areas ,section #bad7l77#b77;,a7 7#h ,u4,s4,c4 #aahd7l77#b77;,a77 is amended by striking an alien described in section #aja7;a77#ae77;,h77i77b74 and inserting any status authorized for employment under this ,act44 7c7 ,physician national interest waiver clarifications ,section #bjc7;b77#b77;,b77ii77,i7 7#h ,u4,s4,c4 #aaec7;b77#b77;,b77ii77,i77 is amended by striking items 7aa7 and 7bb7 and inserting the following3 7aa7 the alien physician agrees to work on a full-time basis practicing primary care1 specialty medicine1 or a combination thereof1 in an area or areas designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals1 or at a health care facility under the jurisdiction of the ,secretary of ,veterans ,affairs2 or 7bb7 the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals 7without regard to whether such facility or facilities are located within such an area7 and a ,federal agency1 or a local1 county1 regional1 or ,state department of public health determines the alien physician's work was or will be in the public interest4 4 7d7 ,short term work authorization for physicians completing their residencies ,a physician completing graduate medical education or training as described in section #bab7;j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;j77 as a nonimmigrant described section #aja7;a77#ae77;,h77i7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77 shall have such nonimmigrant status automatically extended until ,october #a of the fiscal year for which a petition for a continuation of such nonimmigrant status has been submitted in a timely manner and where the employment start date for the beneficiary of such petition is ,october #a of that fiscal year4 ,such physician shall be authorized to be employed incident to status during the period between the filing of such petition and ,october #a of such fiscal year4 ,however1 the physician's status and employment authorization shall terminate #cj days from the date such petition is rejected1 denied or revoked4 ,a physician's status and employment authorization will automatically extend to ,october #a of the next fiscal year if all visas as described in such section #aja7;a77#ae77;,h77i7 authorized to be issued for the fiscal year have been issued4 7e7 ,applicability of section #bab7;e7 to spouses and children of ,j-#a exchange visitors ,a spouse or child of an exchange visitor described in section #aja7;a77#ae77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,j77 shall not be subject to the requirements of section #bab7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;e774 ,e ,integration #beja4 ,definitions ,in this subtitle3 7#a7 ,chief ,the term ,chief means the ,chief of the ,office4 7#b7 ,foundation ,the term ,foundation means the ,united ,states ,citizenship ,foundation established pursuant to section #beca4 7#c7 ,,ieaca grants ,the term ,,ieaca grants means ,initial ,entry1 ,adjustment1 and ,citizenship ,assistance grants authorized under section #becg4 7#d7 ,immigrant integration ,the term immigrant integration means the process by which immigrants-- 7,a7 join the mainstream of civic life by engaging and sharing ownership in their local community1 the ,united ,states1 and the principles of the ,constitution2 7,b7 attain financial self-sufficiency and upward economic mobility for themselves and their family members2 and 7,c7 acquire ,english language skills and related cultural knowledge necessary to effectively participate in their community4 7#e7 ,linguistic integration ,the term linguistic integration means the acquisition1 by limited ,english proficient individuals1 of ,english language skills and related cultural knowledge necessary to meaningfully and effectively fulfill their roles as community members1 family members1 and workers4 7#f7 ,office ,the term ,office means the ,office of ,citizenship and ,new ,americans established in ,u4,s4 ,citizenship and ,immigration ,services under section #beaa4 7#g7 ,receiving communities ,the term receiving communities means the long-term residents of the communities in which immigrants settle4 7#h7 ,task ,force ,the term ,task ,force means the ,task ,force on ,new ,americans established pursuant to section #beba4 7#i7 ,,uscf council ,the term ,,uscf ,council means the ,council of ,directors of the ,foundation4 #a ,citizenship and ,new ,americans ,a ,office of ,citizenship and ,new ,americans #beaa4 ,office of ,citizenship and ,new ,americans 7a7 ,renaming ,office of ,citizenship 7#a7 ,in general ,beginning on the date of the enactment of this ,act1 the ,office of ,citizenship in ,u4,s4 ,citizenship and ,immigration ,services shall be referred to as the ,office of ,citizenship and ,new ,americans4 7#b7 ,references ,any reference in a law1 regulation1 document1 paper1 or other record of the ,united ,states to the ,office of ,citizenship in ,u4,s4 ,citizenship and ,immigration ,services shall be deemed to be a reference to the ,office of ,citizenship and ,new ,americans4 7#c7 ,technical and conforming amendments ,section #dea of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bga7 is amended-- 7,a7 in the section heading1 by striking ,bureau of and inserting ,u4,s42 7,b7 in subsection 7a77#a71 by striking the ',bureau of and inserting ',u4,s42 7,c7 by striking the ,bureau of each place such terms appears and inserting ,u4,s42 and 7,d7 in subsection 7f7-- 7i7 by amending the subsection heading to read as follows3 ,office of ,citizenship and ,new ,americans2 and 7ii7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,chief ,the ,office of ,citizenship and ,new ,americans shall be within ,u4,s4 ,citizenship and ,immigration ,services and shall be headed by the ,chief of the ,office of ,citizenship and ,new ,americans4 4 7b7 ,functions ,section #dea7;f7 of such ,act 7#f ,u4,s4,c4 #bga7;f771 as amended by subsection 7a77#c77;,d71 is further amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,functions ,the ,chief of the ,office of ,citizenship and ,new ,americans shall-- 7,a7 promote institutions and training on citizenship responsibilities for aliens interested in becoming naturalized citizens of the ,united ,states1 including the development of educational materials for such aliens2 7,b7 provide general leadership1 consultation1 and coordination of the immigrant integration programs across the ,federal ,government and with ,state and local entities2 7,c7 advise the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 the ,secretary of ,homeland ,security1 and the ,domestic ,policy ,council on-- 7i7 the challenges and opportunities relating to the linguistic1 economic1 and civic integration of immigrants and their young children and progress in meeting integration goals and indicators2 and 7ii7 immigrant integration considerations relating to ,federal budgets2 7,d7 establish national goals for introducing new immigrants into the ,united ,states and measure the degree to which such goals are met2 7,e7 evaluate the scale1 quality1 and effectiveness of ,federal ,government efforts in immigrant integration and provide advice on appropriate actions2 7,f7 identify the integration implications of new or proposed immigration policies and provide recommendations for addressing such implications2 7,g7 continue the efforts of the ,task ,force on ,new ,americans established by ,executive ,order #acdjd 7#ga ,fed4 ,reg4 #cceic72 7,h7 serve as a liaison and intermediary with ,state and local governments and other entities to assist in establishing local goals1 task forces1 and councils to assist in-- 7i7 introducing immigrants into the ,united ,states2 and 7ii7 promoting citizenship education and awareness among aliens interested in becoming naturalized citizens of the ,united ,states2 7,i7 coordinate with other ,federal agencies to provide information to ,state and local governments on the demand for existing ,federal and ,state ,english acquisition and citizenship education programs and best practices for immigrants who recently arrived in the ,united ,states2 7,j7 assist ,states in coordinating the activities of the grant programs authorized under sections #becg and #bech of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 7,k7 submit a biennial report to the appropriate congressional committees that describes the activities of the ,office of ,citizenship and ,new ,americans2 and 7,l7 carry out such other functions and activities as ,secretary may assign4 4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect on the date that is #a year after the date of the enactment of this ,act4 ,b ,task ,force on ,new ,americans #beba4 ,establishment 7a7 ,in general ,the ,secretary shall establish a ,task ,force on ,new ,americans4 7b7 ,fully functional ,the ,task ,force shall be fully functional not later than #ah months after the date of the enactment of this ,act4 #bebb4 ,purpose ,the purposes of the ,task ,force are-- 7#a7 to establish a coordinated ,federal program and policy response to immigrant integration issues2 and 7#b7 to advise and assist the ,secretary in identifying and fostering policies to carry out the policies and goals established under this chapter4 #bebc4 ,membership 7a7 ,in general ,the ,task ,force shall be comprised of-- 7#a7 the ,secretary1 who shall serve as ,chair of the ,task ,force2 7#b7 the ,secretary of the ,treasury2 7#c7 the ,attorney ,general2 7#d7 the ,secretary of ,commerce2 7#e7 the ,secretary of ,labor2 7#f7 the ,secretary of ,health and ,human ,services2 7#g7 the ,secretary of ,housing and ,urban ,development2 7#h7 the ,secretary of ,transportation2 7#i7 the ,secretary of ,education2 7#aj7 the ,director of the ,office of ,management and ,budget2 7#aa7 the ,administrator of the ,small ,business ,administration2 7#ab7 the ,director of the ,domestic ,policy ,council2 and 7#ac7 the ,director of the ,national ,economic ,council4 7b7 ,delegation ,a member of the ,task ,force may delegate a senior official1 at the ,assistant ,secretary1 ,deputy ,administrator1 ,deputy ,director1 or ,assistant ,attorney ,general level to perform the functions of a ,task ,force member described in section #bebd4 #bebd4 ,functions 7a7 ,meetings2 functions ,the ,task ,force shall-- 7#a7 meet at the call of the ,chair2 and 7#b7 perform such functions as the ,secretary may prescribe4 7b7 ,coordinated response ,the ,task ,force shall work with executive branch agencies-- 7#a7 to provide a coordinated ,federal response to issues that impact the lives of new immigrants and receiving communities1 including-- 7,a7 access to youth and adult education programming2 7,b7 workforce training2 7,c7 health care policy2 7,d7 access to naturalization2 and 7,e7 community development challenges2 and 7#b7 to ensure that ,federal programs and policies adequately address such impacts4 7c7 ,liaisons ,members of the ,task ,force shall serve as liaisons to their respective agencies to ensure the quality and timeliness of their agency's participation in activities of the ,task ,force1 including-- 7#a7 creating integration goals and indicators2 7#b7 implementing the biannual consultation process with the agency's ,state and local counterparts2 and 7#c7 reporting on agency data collection1 policy1 and program efforts relating to achieving the goals and indicators referred to in paragraph 7#a74 7d7 ,recommendations ,not later than #ah months after the end of the period specified in section #beba7;b71 the ,task ,force shall-- 7#a7 provide recommendations to the ,domestic ,policy ,council and the ,secretary on the effects of pending legislation and executive branch policy proposals2 7#b7 suggest changes to ,federal programs or policies to address issues of special importance to new immigrants and receiving communities2 7#c7 review and recommend changes to policies that have a distinct impact on new immigrants and receiving communities2 and 7#d7 assist in the development of legislative and policy proposals of special importance to new immigrants and receiving communities4 #b ,public-private partnership #beca4 ,establishment of ,united ,states ,citizenship ,foundation ,the ,secretary1 acting through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 is authorized to establish a nonprofit corporation1 which shall be known as the ,united ,states ,citizenship ,foundation4 #becb4 ,funding 7a7 ,gifts to foundation ,in order to carry out the purposes set forth in section #becc1 the ,foundation may-- 7#a7 solicit1 accept1 and make gifts of money and other property in accordance with section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf2 7#b7 engage in coordinated work with the ,department1 including the ,office and ,u4,s4 ,citizenship and ,immigration ,services2 and 7#c7 accept1 hold1 administer1 invest1 and spend any gift1 devise1 or bequest of real or personal property made to the ,foundation4 7b7 ,gifts to office of citizenship and new americans ,the ,office may accept gifts from the ,foundation to support the functions of the ,office4 #becc4 ,purposes ,the purposes of the ,foundation are-- 7#a7 to expand citizenship preparation programs for permanent residents2 7#b7 to provide direct assistance for aliens seeking provisional immigrant status1 legal permanent resident status1 or naturalization as a ,united ,states citizen2 and 7#c7 to coordinate immigrant integration with ,state and local entities4 #becd4 ,authorized activities ,the ,foundation shall carry out its purpose by-- 7#a7 making ,united ,states citizenship instruction and naturalization application services accessible to low-income and other underserved permanent resident populations2 7#b7 developing1 identifying1 and sharing best practices in ,united ,states citizenship preparation2 7#c7 supporting innovative and creative solutions to barriers faced by those seeking naturalization2 7#d7 increasing the use of1 and access to1 technology in ,united ,states citizenship preparation programs2 7#e7 engaging receiving communities in the ,united ,states citizenship and civic integration process2 7#f7 administering the ,new ,citizens ,award ,program to recognize1 in each calendar year1 not more than #aj ,united ,states citizens who-- 7,a7 have made outstanding contributions to the ,united ,states2 and 7,b7 have been naturalized during the #aj-year period ending on the date of such recognition2 7#g7 fostering public education and awareness2 7#h7 coordinate its immigrant integration efforts with the ,office2 7#i7 awarding grants to eligible public or private nonprofit organizations under section #becg4 7#aj7 awarding grants to ,state and local governments under section #bech4 #bece4 ,council of directors 7a7 ,members ,the ,foundation shall have a ,council of ,directors1 which shall be comprised of-- 7#a7 the ,director of ,u4,s4 ,citizenship and ,immigration ,services2 7#b7 the ,chief of the ,office of ,citizenship and ,new ,americans2 and 7#c7 #aj directors1 appointed by the ex-officio directors designated in paragraphs 7#a7 and 7#b71 from national community-based organizations that promote and assist permanent residents with naturalization4 7b7 ,appointment of executive director ,the ,,uscf ,council shall appoint an ,executive ,director1 who shall oversee the day-to-day operations of the ,foundation4 #becf4 ,powers ,the ,executive ,director is authorized to carry out the purposes set forth in section #becc on behalf of the ,foundation by-- 7#a7 accepting1 holding1 administering1 investing1 and spending any gift1 devise1 or bequest of real or personal property made to the ,foundation2 7#b7 entering into contracts and other financial assistance agreements with individuals1 public or private organizations1 professional societies1 and government agencies to carry out the functions of the ,foundation2 7#c7 entering into such other contracts1 leases1 cooperative agreements1 and other transactions as the ,executive ,director considers appropriate to carry out the activities of the ,foundation2 and 7#d7 charging such fees for professional services furnished by the ,foundation as the ,executive ,director determines reasonable and appropriate4 #becg4 ,initial ,entry1 ,adjustment1 and ,citizenship ,assistance ,grant ,program 7a7 ,authorization ,the ,secretary1 acting through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 may award ,initial ,entry1 ,adjustment1 and ,citizenship ,assistance grants to eligible public or private1 nonprofit organizations4 7b7 ,use of grant funds ,,ieaca grants shall be used for the design and implementation of programs that provide direct assistance1 within the scope of the authorized practice of immigration law-- 7#a7 to aliens who are preparing an initial application for registered provisional immigrant status under section #bde;,b of the ,immigration and ,nationality ,act1 as added by section #baja of this ,act1 including assisting applicants in-- 7,a7 screening to assess prospective applicants' potential eligibility or lack of eligibility2 7,b7 completing applications2 7,c7 gathering proof of identification1 employment1 residence1 and tax payment2 7,d7 gathering proof of relationships of eligible family members2 7,e7 applying for any waivers for which applicants and qualifying family members may be eligible2 and 7,f7 any other assistance that the ,secretary or grantee considers useful to aliens who are interested in applying for registered provisional immigrant status2 7#b7 to aliens seeking to adjust their status under section#bbaa or #bbab of this ,act or section #bde1 #bde;,b1 or #bde;,c of the ,immigration and ,nationality ,act2 7#c7 to legal permanent residents seeking to become naturalized ,united ,states citizens2 and 7#d7 to applicants on-- 7,a7 the rights and responsibilities of ,united ,states citizenship2 7,b7 civics-based ,english as a second language2 7,c7 civics1 with a special emphasis on common values and traditions of ,americans1 including an understanding of the history of the ,united ,states and the principles of the ,constitution2 and 7,d7 applying for ,united ,states citizenship4 #bech4 ,pilot program to promote immigrant integration at ,state and local levels 7a7 ,grants authorized ,the ,chief shall establish a pilot program through which the ,chief may award grants1 on a competitive basis1 to ,states and local governments or other qualifying entities1 in collaboration with ,state and local governments -- 7#a7 to establish ,new ,immigrant ,councils to carry out programs to integrate new immigrants2 or 7#b7 to carry out programs to integrate new immigrants4 7b7 ,application ,a ,state or local government desiring a grant under this section shall submit an application to the ,chief at such time1 in such manner1 and containing such information as the ,chief may reasonably require1 including-- 7#a7 a proposal to meet an objective or combination of objectives set forth in subsection 7d77#c72 7#b7 the number of new immigrants in the applicant's jurisdiction2 and 7#c7 a description of the challenges in introducing and integrating new immigrants into the ,state or local community4 7c7 ,priority ,in awarding grants under this section1 the ,chief shall give priority to ,states and local governments or other qualifying entities that-- 7#a7 use matching funds from non-,federal sources1 which may include in-kind contributions2 7#b7 demonstrate collaboration with public and private entities to achieve the goals of the comprehensive plan developed pursuant to subsection 7d77#c72 7#c7 are #a of the #aj ,states with the highest rate of foreign-born residents2 or 7#d7 have experienced a large increase in the population of immigrants during the most recent #aj-year period relative to past migration patterns1 based on data compiled by the ,office of ,immigration ,statistics or the ,united ,states ,census ,bureau4 7d7 ,authorized activities ,a grant awarded under this subsection may be used-- 7#a7 to form a ,new ,immigrant ,council1 which shall-- 7,a7 consist of between #ae and #ai individuals1 inclusive1 from the ,state1 local government1 or qualifying organization2 7,b7 include1 to the extent practicable1 representatives from-- 7i7 business2 7ii7 faith-based organizations2 7iii7 civic organizations2 7iv7 philanthropic organizations2 7v7 nonprofit organizations1 including those with experience working with immigrant communities2 7vi7 key education stakeholders1 such as ,state educational agencies1 local educational agencies1 community colleges1 and teachers2 7vii7 ,state adult education offices2 7viii7 ,state or local public libraries2 and 7ix7 ,state or local governments2 and 7,c7 meet not less frequently than once each quarter2 7#b7 to provide subgrants to local communities1 city governments1 municipalities1 nonprofit organizations 7including veterans' and patriotic organizations7 or other qualifying entities2 7#c7 to develop1 implement1 expand1 or enhance a comprehensive plan to introduce and integrate new immigrants into the ,state by-- 7,a7 improving ,english language skills2 7,b7 engaging caretakers with limited ,english proficiency in their child's education through interactive parent and child literacy activities2 7,c7 improving and expanding access to workforce training programs2 7,d7 teaching ,united ,states history1 civics education1 citizenship rights1 and responsibilities2 7,e7 promoting an understanding of the form of government and history of the ,united ,states and the principles of the ,constitution2 7,f7 improving financial literacy2 and 7,g7 focusing on other key areas of importance to integration in our society2 and 7#d7 to engage receiving communities in the citizenship and civic integration process by-- 7,a7 increasing local service capacity2 7,b7 building meaningful connections between newer immigrants and long-time residents2 7,c7 communicating the contributions of receiving communities and new immigrants2 and 7,d7 engaging leaders from all sectors of the community4 7e7 ,reporting and evaluation 7#a7 ,annual report ,each grant recipient shall submit an annual report to the ,office that describes-- 7,a7 the activities undertaken by the grant recipient1 including how such activities meet the goals of the ,office1 the ,foundation1 and the comprehensive plan described in subsection 7d77#c72 7,b7 the geographic areas being served2 7,c7 the number of immigrants in such areas2 and 7,d7 the primary languages spoken in such areas4 7#b7 ,annual evaluation ,the ,chief shall conduct an annual evaluation of the grant program established under this section-- 7,a7 to assess and improve the effectiveness of such grant program2 7,b7 to assess the future needs of immigrants and of ,state and local governments related to immigrants2 and 7,c7 to ensure that grantees recipients and subgrantees are acting within the scope and purpose of this subchapter4 #beci4 ,naturalization ceremonies 7a7 ,in general ,the ,chief1 in consultation with the ,director of the ,national ,park ,service1 the ,archivist of the ,united ,states1 and other appropriate ,federal officials1 shall develop and implement a strategy to enhance the public awareness of naturalization ceremonies4 7b7 ,venues ,in developing the strategy under subsection 7a71 the ,secretary shall consider the use of outstanding and historic locations as venues for select naturalization ceremonies4 7c7 ,reporting requirement ,the ,secretary shall annually submit a report to ,congress that contains-- 7#a7 the content of the strategy developed under subsection 7a72 and 7#b7 the progress made towards the implementation of such strategy4 #c ,funding #beda4 ,authorization of appropriations 7a7 ,office of ,citizenship and ,new ,americans ,in addition to any amounts otherwise made available to the ,office1 there are authorized to be appropriated to carry out the functions described in section #dea7;f77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bga7;f77#b771 as amended by section #beaa7;b7-- 7#a7 #aj1jjj1jjj for the #e-year period ending on ,september #cj1 #bjah2 and 7#b7 such sums as may be necessary for fiscal year #bjai and subsequent fiscal years4 7b7 ,grant programs ,there are authorized to be appropriated to implement the grant programs authorized under sections #becg and #bech1 and to implement the strategy under section #beci-- 7#a7 #ajj1jjj1jjj for the #e-year period ending on ,september #cj1 #bjah2 and 7#b7 such sums as may be necessary for fiscal year #bjai and subsequent fiscal years4 #d ,reduce barriers to naturalization #beea4 ,waiver of ,english requirement for senior new ,americans ,section #cab 7#h ,u4,s4,c4 #adbc7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,the requirements under subsection 7a7 shall not apply to any person who-- 7#a7 is unable to comply with such requirements because of physical or developmental disability or mental impairment2 or 7#b7 on the date on which the person's application for naturalization is filed under section #ccd-- 7,a7 is older than #fe years of age2 and 7,b7 has been living in the ,united ,states for periods totaling at least #e years after being lawfully admitted for permanent residence4 7c7 ,the requirement under subsection 7a77#a7 shall not apply to any person who1 on the date on which the person's application for naturalization is filed under section #ccd-- 7#a7 is older than #ej years of age and has been living in the ,united ,states for periods totaling at least #bj years after being lawfully admitted for permanent residence2 7#b7 is older than #ee years of age and has been living in the ,united ,states for periods totaling at least #ae years after being lawfully admitted for permanent residence2 or 7#c7 is older than #fj years of age and has been living in the ,united ,states for periods totaling at least #aj years after being lawfully admitted for permanent residence4 7d7 ,the ,secretary of ,homeland ,security may waive1 on a case-by-case basis1 the requirement under subsection 7a77#b7 on behalf of any person who1 on the date on which the person's application for naturalization is filed under section #ccd-- 7#a7 is older than #fj years of age2 and 7#b7 has been living in the ,united ,states for periods totaling at least #aj years after being lawfully admitted for permanent residence4 4 #beeb4 ,filing of applications not requiring regular internet access 7a7 ,electronic filing not required 7#a7 ,in general ,the ,secretary may not require that an applicant or petitioner for permanent residence or citizenship of the ,united ,states use an electronic method to file any application1 or access to a customer account4 7#b7 ,sunset date ,this subsection shall cease to be effective on ,october #a1 #bjbj4 7b7 ,notification requirement ,beginning on ,october #a1 #bjbj1 the ,secretary may not require that an applicant or petitioner for permanent residence or citizenship of the ,united ,states use an electronic method to file any application1 or access to a customer account unless the ,secretary notifies the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives of such requirement not later than #cj days before the effective date of such requirement4 ,,iii ,interior enforcement ,a ,employment ,verification ,system #caja4 ,unlawful employment of unauthorized aliens 7a7 ,in general ,section #bgd;,a 7#h ,u4,s4,c4 #acbd;a7 is amended to read as follows3 #bgd;,a4 ,unlawful employment of aliens 7a7 ,making employment of unauthorized aliens unlawful 7#a7 ,in general ,it is unlawful for an employer-- 7,a7 to hire1 recruit1 or refer for a fee an alien for employment in the ,united ,states knowing that the alien is an unauthorized alien with respect to such employment2 or 7,b7 to hire1 recruit1 or refer for a fee for employment in the ,united ,states an individual without complying with the requirements under subsections 7c7 and 7d74 7#b7 ,continuing employment 7,a7 ,prohibition on continued employment of unauthorized aliens ,it is unlawful for an employer1 after hiring an alien for employment1 to continue to employ the alien in the ,united ,states knowing that the alien is 7or has become7 an unauthorized alien with respect to such employment4 7,b7 ,prohibition on consideration of previous unauthorized status ,nothing in this section may be construed to prohibit the employment of an individual who is authorized for employment in the ,united ,states if such individual was previously an unauthorized alien4 7#c7 ,use of labor through contract ,for purposes of this section1 any employer that uses a contract1 subcontract1 or exchange to obtain the labor of an alien in the ,united ,states while knowing that the alien is an unauthorized alien with respect to performing such labor shall be considered to have hired the alien for employment in the ,united ,states in violation of paragraph 7#a77;,a74 7#d7 ,use of ,state employment agency documentation ,for purposes of paragraphs 7#a77;,b71 7#e71 and 7#f71 an employer shall be deemed to have complied with the requirements under subsection 7c7 with respect to the hiring of an individual who was referred for such employment by a ,state employment agency 7as defined by the ,secretary7 if the employer has and retains 7for the period and in the manner described in subsection 7c77#c77 appropriate documentation of such referral by such agency1 certifying that such agency has complied with the procedures described in subsection 7c7 with respect to the individual's referral4 ,an employer that relies on a ,state agency's certification of compliance with subsection 7c7 under this paragraph may utilize and retain the ,state agency's certification of compliance with the procedures described in subsection 7d71 if any1 in the manner provided under this paragraph4 7#e7 ,good faith defense 7,a7 ,defense ,an employer1 person1 or entity that hires1 employs1 recruits1 or refers individuals for employment in the ,united ,states1 or is otherwise obligated to comply with the requirements under this section and establishes good faith compliance with the requirements under paragraphs 7#a7 through 7#d7 of subsection 7c7 and subsection 7d7-- 7i7 has established an affirmative defense that the employer1 person1 or entity has not violated paragraph 7#a77;,a7 with respect to hiring and employing2 and 7ii7 has established compliance with its obligations under subparagraph 7,a7 and 7,b7 of paragraph 7#a7 and subsection 7c7 unless the ,secretary demonstrates that the employer had knowledge that an individuals hired1 employed1 recruited1 or referred by the employer1 person1 or entity is an authorized alien4 7,b7 ,failure to obtain verification ,an employer that has made the inquiry under subsection 7d7 with respect to an individual1 but has not received an appropriate verification of the identity and work eligibility of such individual from the ,system within the time period specified in subsection 7d77#d77;,c7 may retain the defense under subparagraph 7,a7 if the employer timely records in the ,system the reasons the employer continues to employ the individual4 7,c7 ,exception for certain employers ,an employer who is not required to participate in the ,system or who is participating in the ,system on a voluntary basis pursuant to subsection 7d77#b77;,i7 has established an affirmative defense under subparagraph 7,a7 and need not demonstrate compliance with the requirements under subsection 7d74 7#f7 ,good faith compliance 7,a7 ,in general ,except as otherwise provided in this subsection1 an employer1 person1 or entity is considered to have complied with a requirement under this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement4 7,b7 ,exception if failure to correct after notice ,subparagraph 7,a7 shall not apply if-- 7i7 the failure is not de minimis2 7ii7 the ,secretary of ,homeland ,security has explained to the employer1 person1 or entity the basis for the failure and why it is not de minimis2 7iii7 the employer1 person1 or entity has been provided a period of not less than #cj days 7beginning after the date of the explanation7 to correct the failure2 and 7iv7 the employer1 person1 or entity has not corrected the failure voluntarily within such period4 7,c7 ,exception for pattern or practice violators ,subparagraph 7,a7 shall not apply to an employer1 person1 or entity that has engaged or is engaging in a pattern or practice of violations of paragraph 7#a77;,a7 or 7#b74 7#g7 ,presumption ,after the date on which an employer is required to participate in the ,system under subsection 7d71 the employer is presumed to have acted with knowledge for purposes of paragraph 7#a77;,a7 if the employer hires1 employs1 recruits1 or refers an employee and fails to make an inquiry to verify the employment authorization status of the employee through the ,system4 7#h7 ,continued application of workforce and labor protection remedies despite unauthorized employment ,an employer may not deny an employee back pay or any other remedy provided under any ,federal1 ,state1 or local law relating to workplace rights1 and a court may not prohibit an employee from pursuing other causes of action giving rise to liability1 except any reinstatement remedy prohibited by ,federal law1 on account of the employee's status as an unauthorized alien1 either during or after the period of employment by the employer4 7#i7 ,availability of reinstatement and relief ,reinstatement and all other appropriate relief shall be available to individuals who-- 7,a7 are lawfully present in the ,united ,states at the time such relief is requested2 and 7,b7 lost employment authorized status due to the unlawful acts of the employer and for whom reinstatement would restore such status4 7b7 ,definitions ,in this section3 7#a7 ,commissioner ,the term ,commissioner means the ,commissioner of ,social ,security4 7#b7 ,department ,except as otherwise provided1 the term ,department means the ,department of ,homeland ,security4 7#c7 ,employer ,the term employer means any person or entity1 including an agency or department of a ,federal1 ,state1 or local government1 an agent1 or a ,system service provider1 that hires1 employs1 recruits1 or refers for a fee an individual for employment in the ,united ,states that is not casual1 sporadic1 irregular1 or intermittent 7as defined by the ,secretary74 7#d7 ,employment authorized status ,the term employment authorized status means1 with respect to an individual1 that the individual is authorized to be employed in the ,united ,states under the immigration laws of the ,united ,states4 7#e7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,system ,the term ,system means the ,employment ,verification ,system established under subsection 7d74 7#g7 ,unauthorized alien ,the term unauthorized alien means an alien who1 with respect to employment in the ,united ,states at a particular time-- 7,a7 is not lawfully admitted for permanent residence2 or 7,b7 is not authorized to be employed under this ,act or by the ,secretary4 7#h7 ,workplace rights ,the term workplace rights means rights guaranteed under ,federal1 ,state1 or local labor or employment laws1 including laws concerning wages and hours1 benefits and employment standards1 labor relations1 workplace health and safety1 work-related injuries1 nondiscrimination1 and retaliation for exercising rights under such laws4 7c7 ,document verification requirements ,any employer hiring an individual for employment in the ,united ,states shall comply with the following requirements and the requirements under subsection 7d7 to verify that the individual has employment authorized status3 7#a7 ,attestation after examination of documentation 7,a7 ,in general 7i7 ,examination by employer ,an employer shall attest1 under penalty of perjury on a form prescribed by the ,secretary1 that the employer has verified the identity and employment authorization status of the individual-- 7,i7 by examining-- 7aa7 a document specified in subparagraph 7,c72 or 7bb7 a document specified in subparagraph 7,d7 and a document specified in subparagraph 7,e72 and 7,,ii7 by utilizing an identity authentication mechanism described in clause 7iii7 or 7iv7 of subparagraph 7,f74 7ii7 ,publication of documents ,the ,secretary shall publish a picture of each document specified in subparagraphs 7,c7 and 7,e7 on the ,u4,s4 ,citizenship and ,immigration ,services' website4 7,b7 ,requirements 7i7 ,form ,the form referred to in subparagraph 7,a77i7-- 7,i7 shall be prescribed by the ,secretary not later than #f months after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 7,,ii7 shall be available as-- 7aa7 a paper form2 7bb7 a form that may be completed by an employer via telephone2 7cc7 an electronic form2 or 7dd7 a form that is integrated electronically with the requirements under subsection 7d74 7ii7 ,attestation ,each such form shall require the employer to sign an attestation with a handwritten1 electronic1 or digital pin code signature1 according to standards prescribed by the ,secretary4 7iii7 ,compliance ,an employer has complied with the requirements under this paragraph with respect to examination of the documents included in subclauses 7,i7 and 7,,ii7 of subparagraph 7,a77i7 if-- 7,i7 the employer has1 in good faith1 followed applicable regulations and any written procedures or instructions provided by the ,secretary2 and 7,,ii7 a reasonable person would conclude that the documentation is genuine and relates to the individual presenting such documentation4 7,c7 ,documents establishing identity and employment authorized status ,a document is specified in this subparagraph if the document is unexpired 7unless the validity of the document is extended by law7 and is #a of the following3 7i7 ,a ,united ,states passport or passport card issued to an individual pursuant to the ,secretary of ,state's authority under the ,act entitled ,an ,act to regulate the issue and validity of passports1 and for other purposes1 approved ,july #c1 #aibf 7#bb ,u4,s4,c4 #baa;a74 7ii7 ,a document issued to an alien evidencing that the alien is lawfully admitted for permanent residence or another document issued to an individual evidencing the individual's employment authorized status1 as designated by the ,secretary1 if the document-- 7,i7 contains a photograph of the individual1 or such other personal identifying information relating to the individual as the ,secretary determines1 by regulation1 to be sufficient for the purposes of this subparagraph2 7,,ii7 is evidence of employment authorized status2 and 7,,iii7 contains security features to make the document resistant to tampering1 counterfeiting1 and fraudulent use4 7iii7 ,an enhanced driver's license or identification card issued to a national of the ,united ,states by a ,state or a federally recognized ,indian tribe that-- 7,i7 meets the requirements under section #bjb of the ,,real ,,id ,act of #bjje 7division ,b of ,public ,law #aji-ac2 #di ,u4,s4,c4 #cjcja note72 and 7,,ii7 the ,secretary has certified by notice published in the ,federal ,register and through appropriate notice directly to employers registered in the ,system #c months prior to publication that such enhanced license or card is suitable for use under this subparagraph based upon the accuracy and security of the issuance process1 security features on the document1 and such other factors as the ,secretary may prescribe4 7iv7 ,a passport issued by the appropriate authority of a foreign country accompanied by a ,form ,i-#id or ,form ,i-#id;,a 7or similar successor form71 or other documentation as designated by the ,secretary that specifies the individual's status in the ,united ,states and the duration of such status if the proposed employment is not in conflict with any restriction or limitation specified on such form or documentation4 7v7 ,a passport issued by the ,federated ,states of ,micronesia or the ,republic of the ,marshall ,islands with evidence of nonimmigrant admission to the ,united ,states under the ,compact of ,free ,association between the ,united ,states and the ,federated ,states of ,micronesia or the ,republic of the ,marshall ,islands4 7,d7 ,documents establishing identity of individual ,a document is specified in this subparagraph if the document is unexpired 7unless the validity of the document is extended by law7 and is #a of the following3 7i7 ,a driver's license or identity card that is not described in subparagraph 7,c77iii7 and is issued to an individual by a ,state or an outlying possession of the ,united ,states1 a federally recognized ,indian tribe1 or an agency 7including military7 of the ,federal ,government if the driver's license or identity card includes1 at a minimum-- 7,i7 the individual's photograph1 name1 date of birth1 gender1 and driver's license or identification card number1 and 7,,ii7 security features to make the license or card resistant to tampering1 counterfeiting1 and fraudulent use4 7ii7 ,a voter registration card4 7iii7 ,a document that complies with the requirements under section #gbji7;b77#a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7,public ,law #ajh-deh2 #h ,u4,s4,c4 #aahe note74 7iv7 ,for individuals under #ah years of age who are unable to present a document listed in clause 7i7 or 7ii71 documentation of personal identity of such other type as the ,secretary determines will provide a reliable means of identification1 which may include an attestation as to the individual's identity by a person #ba years of age or older under penalty of perjury4 7,e7 ,documents evidencing employment authorization ,a document is specified in this subparagraph if the document is unexpired 7unless the validity of the document is extended by law7 and is #a of the following3 7i7 ,a social security account number card issued by the ,commissioner1 other than a card which specifies on its face that the card is not valid to evidence employment authorized status or has other similar words of limitation4 7ii7 ,any other documentation evidencing employment authorized status that the ,secretary determines and publishes in the ,federal ,register and through appropriate notice directly to employers registered within the ,system to be acceptable for purposes of this subparagraph if such documentation1 including any electronic security measures linked to such documentation1 contains security features to make such documentation resistant to tampering1 counterfeiting1 and fraudulent use4 7,f7 ,identity authentication mechanism 7i7 ,definitions ,in this subparagraph3 7,i7 ,covered identity document ,the term covered identity document means a valid-- 7aa7 ,united ,states passport1 passport card1 or a document evidencing lawful permanent residence status or employment authorized status issued to an alien2 7bb7 enhanced driver's license or identity card issued by a participating ,state2 or 7cc7 photograph and appropriate identifying information provided by the ,secretary of ,state pursuant to the granting of a visa4 7,,ii7 ,participating state ,the term participating ,state means a ,state that has an agreement with the ,secretary to provide the ,secretary1 for purposes of identity verification in the ,system1 with photographs and appropriate identifying information maintained by the ,state4 7ii7 ,requirement for identity authentication ,in addition to verifying the documents specified in subparagraph 7,c71 7,d71 or 7,e7 and utilizing the ,system under subsection 7d71 each employer shall use an identity authentication mechanism described in clause 7iii7 or provided in clause 7iv7 after it becomes available to verify the identity of each individual the employer seeks to hire4 7iii7 ,photo tool 7,i7 ,use requirement ,an employer seeking to hire an individual who has a covered identity document shall verify the identity of such individual using the photo tool described in subclause 7,,ii74 7,,ii7 ,development requirement ,the ,secretary shall develop and maintain a photo tool that enables employers to match the photo on a covered identity document provided to the employer to a photo maintained by a ,u4,s4 ,citizenship and ,immigration ,services database4 7iv7 ,additional security measures 7,i7 ,use requirement ,an employer seeking to hire an individual whose identity may not be verified using the photo tool described in clause 7iii7 shall verify the identity of such individual using the additional security measures described in subclause 7,,ii74 7,,ii7 ,development requirement ,the ,secretary shall develop1 after publication in the ,federal ,register and an opportunity for public comment1 specific and effective additional security measures to adequately verify the identity of an individual whose identity may not be verified using the photo tool described in clause 7iii74 ,such additional security measures-- 7aa7 shall be kept up-to-date with technological advances2 and 7bb7 shall provide a means of identity authentication in a manner that provides a high level of certainty as to the identity of such individual1 using immigration and identifying information that may include review of identity documents or background screening verification techniques using publicly available information4 7,g7 ,authority to prohibit use of certain documents ,if the ,secretary determines1 after publication in the ,federal ,register and an opportunity for public commit1 that any document or class of documents specified in subparagraph 7,b71 7,c71 or 7,d7 does not reliably establish identity or that employment authorized status is being used fraudulently to an unacceptable degree1 the ,secretary-- 7i7 may prohibit or restrict the use of such document or class of documents for purposes of this subsection2 and 7ii7 shall directly notify all employers registered within the ,system of the prohibition through appropriate means4 7,h7 ,authority to allow use of certain documents ,if the ,secretary has determined that another document or class of documents1 such as a document issued by a federally recognized ,indian tribe1 may be used to reliably establish identity or employment authorized status1 the ,secretary-- 7i7 may allow the use of that document or class of documents for purposes of this subsection after publication in the ,federal ,register and an opportunity for public comment2 7ii7 shall publish a description of any such document or class of documents on the ,u4,s4 ,citizenship and ,immigration ,services' website2 and 7iii7 shall directly notify all employers registered within the ,system of the prohibition through appropriate means4 7#b7 ,individual attestation of employment authorization ,an individual1 upon commencing employment with an employer1 shall-- 7,a7 attest1 under penalty of perjury1 on the form prescribed by the ,secretary1 that the individual is-- 7i7 a national of the ,united ,states2 7ii7 an alien lawfully admitted for permanent residence2 7iii7 an alien who has employment authorized status2 or 7iv7 otherwise authorized by the ,secretary to be hired for such employment2 7,b7 provide such attestation by a handwritten1 electronic1 or digital pin code signature2 and 7,c7 provide the individual's social security account number to the ,secretary1 unless the individual has not yet been issued such a number1 on such form as the ,secretary may require4 7#c7 ,retention of verification record 7,a7 ,in general ,after completing a form for an individual in accordance with paragraphs 7#a7 and 7#b71 the employer shall retain a version of such completed form and make such form available for inspection by the ,secretary or the ,office of ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices of the ,department of ,justice during the period beginning on the hiring date of the individual and ending on the later of-- 7i7 the date that is #c years after such hiring date2 or 7ii7 the date that is #a year after the date on which the individual's employment with the employer is terminated4 7,b7 ,requirement for electronic retention ,the ,secretary-- 7i7 shall permit an employer to retain the form described in subparagraph 7,a7 in electronic form2 and 7ii7 may permit an employer to retain such form in paper1 microfiche1 microfilm1 or other media4 7#d7 ,copying of documentation and recordkeeping ,the ,secretary may promulgate regulations regarding-- 7,a7 copying documents and related information pertaining to employment verification presented by an individual under this subsection2 and 7,b7 retaining such information during a period not to exceed the required retention period set forth in paragraph 7#c74 7#e7 ,penalties ,an employer that fails to comply with any requirement under this subsection may be penalized under subsection 7e77#d77;,b74 7#f7 ,protection of civil rights 7,a7 ,in general ,nothing in this section may be construed to diminish any rights otherwise protected by ,federal law4 7,b7 ,prohibition on discrimination ,an employer shall use the procedures for document verification set forth in this paragraph for all employees without regard to race1 color1 religion1 sex1 national origin1 or1 unless specifically permitted in this section1 to citizenship status4 7#g7 ,receipts ,the ,secretary may authorize the use of receipts for replacement documents1 and temporary evidence of employment authorization by an individual to meet a documentation requirement under this subsection on a temporary basis not to exceed #a year1 after which time the individual shall provide documentation sufficient to satisfy the documentation requirements under this subsection4 7#h7 ,no authorization of national identification cards ,nothing in this section may be construed to directly or indirectly authorize the issuance1 use1 or establishment of a national identification card4 7d7 ,employment ,verification ,system 7#a7 ,in general 7,a7 ,establishment ,the ,secretary1 in consultation with the ,commissioner1 shall establish the ,employment ,verification ,system4 7,b7 ,monitoring ,the ,secretary shall create the necessary processes to monitor-- 7i7 the functioning of the ,system1 including the volume of the workflow1 the speed of processing of queries1 the speed and accuracy of responses2 7ii7 the misuse of the ,system1 including the prevention of fraud or identity theft2 7iii7 whether the use of the ,system results in wrongful adverse actions or discrimination based upon a prohibited factor against nationals of the ,united ,states or individuals who have employment authorized status2 and 7iv7 the security1 integrity1 and privacy of the ,system4 7,c7 ,procedures ,the ,secretary-- 7i7 shall create processes to provide an individual with direct access to the individual's case history in the ,system1 including-- 7,i7 the identities of all persons or entities that have queried the individual through the ,system2 7,,ii7 the date of each such query2 and 7,,iii7 the ,system response for each such query2 and 7ii7 in consultation with the ,commissioner1 may develop-- 7,i7 protocols to notify an individual1 in a timely manner through the use of electronic correspondence or mail1 that a query for the individual has been processed through the ,system2 or 7,,ii7 a process for the individual to submit additional queries to the ,system or notify the ,secretary of potential identity fraud4 7#b7 ,participation requirements 7,a7 ,federal government ,except as provided in clause 7ii71 all agencies and departments in the executive1 legislative1 or judicial branches of the ,federal ,government shall participate in the ,system beginning on the earlier of-- 7i7 the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 to the extent required under section #djb7;e77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a7 and as already implemented by each agency or department2 or 7ii7 the date that is #ij days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7,b7 ,federal contractors ,federal contractors shall participate in the ,system as provided in the final rule relating to employment eligibility verification published in the ,federal ,register on ,november #ad1 #bjjh 7#gc ,fed4 ,reg4 #fg1fea71 or any similar subsequent regulation1 for which purpose references to ,e-,verify in the final rule shall be construed to apply to the ,system4 7,c7 ,critical infrastructure 7i7 ,in general ,beginning on the date that is #a year after the date on which regulations are published implementing this subsection1 the ,secretary may authorize or direct any employer1 person1 or entity responsible for granting access to1 protecting1 securing1 operating1 administering1 or regulating part of the critical infrastructure 7as defined in section #ajaf7;e7 of the ,critical ,infrastructure ,protection ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e777 to participate in the ,system to the extent the ,secretary determines that such participation will assist in the protection of the critical infrastructure4 7ii7 ,notification to employers ,the ,secretary shall notify an employer required to participate in the ,system under this subparagraph not later than #ij days before the date on which the employer is required to participate4 7,d7 ,employers with more than #e1jjj employees ,not later than #b years after regulations are published implementing this subsection1 all employers with more than #e1jjj employees shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 7,e7 ,employers with more than #ejj employees ,not later than #c years after regulations are published implementing this subsection1 all employers with more than #ejj employees shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 7,f7 ,agricultural labor or services ,with respect to an employee performing agricultural labor or services 7as defined for purposes of section #aja7;a77#ae77;,h77ii77a771 this paragraph shall not apply with respect to the verification of the employee until the date that is #d years after the date of the enactment of the ,legal ,workforce ,act4 ,an employee described in this clause shall not be counted for purposes of subparagraph 7,d7 or 7,e74 7,g7 ,all employers ,except as provided in subparagraph 7,i71 not later than #d years after regulations are published implementing this subsection1 all employers shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 7,h7 ,tribal government employers 7i7 ,rulemaking ,in developing regulations to implement this subsection1 the ,secretary shall-- 7,i7 consider the effects of this section on federally recognized ,indian tribes and tribal members2 and 7,,ii7 consult with the governments of federally recognized ,indian tribes4 7ii7 ,required participation ,not later than #e years after regulations are published implementing this subsection1 all employers owned by1 or entities of1 the government of a federally recognized ,indian tribe shall participate in the ,system with respect to all newly hired employees with expiring temporary employment authorization documents4 7,i7 ,immigration law violators 7i7 ,orders finding violations ,an order finding any employer to have violated this section or section #bgd;,c may1 in the ,secretary's discretion1 require the employer to participate in the ,system with respect to newly hired employees and employees with expiring temporary employment authorization documents1 if such employer is not otherwise required to participate in the ,system under this section4 ,the ,secretary shall monitor such employer's compliance with ,system procedures4 7ii7 ,pattern or practice of violations ,the ,secretary may require an employer that is required to participate in the ,system with respect to newly hired employees to participate in the ,system with respect to the employer's current employees if the employer is determined by the ,secretary or other appropriate authority to have engaged in a pattern or practice of violations of the immigration laws of the ,united ,states4 7,j7 ,voluntary participation ,the ,secretary may permit any employer that is not required to participate in the ,system under this section to do so on a voluntary basis4 7#c7 ,consequence of failure to participate 7,a7 ,in general ,except as provided in subparagraph 7,b71 the failure1 other than a de minimis or inadvertent failure1 of an employer that is required to participate in the ,system to comply with the requirements of the ,system with respect to an individual-- 7i7 shall be treated as a violation of subsection 7a77#a77;,b7 with respect to that individual2 and 7ii7 creates a rebuttable presumption that the employer has violated paragraph 7#a77;,a7 or 7#b7 of subsection 7a74 7,b7 ,exception 7i7 ,in general ,subparagraph 7,a7 shall not apply in a criminal prosecution4 7ii7 ,use as evidence ,nothing in this paragraph may be construed to limit the use in the prosecution of a ,federal crime1 in a manner otherwise consistent with ,federal criminal law and procedure1 of evidence relating to the employer's failure to comply with requirements of the ,system4 7#d7 ,procedures for participants in the system 7,a7 ,in general ,an employer participating in the ,system shall register such participation with the ,secretary and1 when hiring any individual for employment in the ,united ,states1 shall comply with the following3 7i7 ,registration of employers ,the ,secretary1 through notice in the ,federal ,register1 shall prescribe procedures that employers shall be required to follow to register with the ,system4 7ii7 ,updating information ,the employer is responsible for providing notice of any change to the information required under subclauses 7,i71 7,,ii71 and 7,,iii7 of clause 7v7 before conducting any further inquiries within the ,system1 or on such other schedule as the ,secretary may prescribe4 7iii7 ,training ,the ,secretary shall require employers to undergo such training as the ,secretary determines to be necessary to ensure proper use1 protection of civil rights and civil liberties1 privacy1 integrity1 and security of the ,system4 ,to the extent practicable1 such training shall be made available electronically on the ,u4,s4 ,citizenship and ,immigration ,services' website4 7iv7 ,notification to employees ,the employer shall inform individuals hired for employment that the ,system-- 7,i7 will be used by the employer2 7,,ii7 may be used for immigration enforcement purposes2 and 7,,iii7 may not be used to discriminate or to take adverse action against a national of the ,united ,states or an alien who has employment authorized status4 7v7 ,provision of additional information ,the employer shall obtain from the individual 7and the individual shall provide7 and shall record in such manner as the ,secretary may specify-- 7,i7 the individual's social security account number2 7,,ii7 if the individual does not attest to ,united ,states citizenship or noncitizen nationality under subsection 7c77#b71 such identification or authorization number established by the ,department as the ,secretary shall specify2 and 7,,iii7 such other information as the ,secretary may require to determine the identity and employment authorization of an individual4 7vi7 ,presentation of documentation ,the employer1 and the individual whose identity and employment authorized status are being confirmed1 shall fulfill the requirements under subsection 7c74 7,b7 ,seeking confirmation 7i7 ,in general ,an employer shall use the ,system to confirm the identity and employment authorized status of any individual during-- 7,i7 the period beginning on the date on which the individual accepts an offer of employment and ending #c business days after the date on which employment begins2 or 7,,ii7 such other reasonable period as the ,secretary may prescribe4 7ii7 ,limitation ,an employer may not make the starting date of an individual's employment or training or any other term and condition of employment dependent on the receipt of a confirmation of identity and employment authorized status by the ,system4 7iii7 ,reverification ,if an individual has a limited period of employment authorized status1 the individual's employer shall reverify such status through the ,system not later than #c business days after the last day of such period4 7iv7 ,other employment ,for employers directed by the ,secretary to participate in the ,system under paragraph 7#b77;,c77i7 to protect critical infrastructure or otherwise specified circumstances in this section to verify their entire workforce1 the ,system may be used for initial verification of an individual who was hired before the employer became subject to the ,system1 and the employer shall initiate all required procedures on or before such date as the ,secretary shall specify4 7v7 ,notification 7,i7 ,in general ,the ,secretary shall provide1 and the employer shall utilize1 as part of the ,system1 a method of notifying employers of a confirmation or nonconfirmation of an individual's identity and employment authorized status1 or a notice that further action is required to verify such identity or employment eligibility 7referred to in this subsection as a further action notice74 7,,ii7 ,procedures ,the ,secretary shall establish procedures-- 7aa7 to directly notify the individual and the employer of a confirmation1 nonconfirmation1 or further action notice2 and 7bb7 to provide information about filing an administrative appeal under paragraph 7#f7 and a hearing before an administrative law judge under paragraph 7#g74 7,,iii7 ,implementation ,the ,secretary may provide for a phased-in implementation of the notification requirements under this clause1 as appropriate4 ,the notification system shall cover all inquiries not later than #a year from the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7,c7 ,confirmation or nonconfirmation 7i7 ,initial response 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,system shall provide-- 7aa7 a confirmation of an individual's identity and employment authorized status or a further action notice at the time of the inquiry2 and 7bb7 an appropriate code indicating such confirmation or such further action notice4 7,,ii7 ,alternative deadline ,if the ,system is unable to provide immediate confirmation or further action notice for technological reasons or due to unforeseen circumstances1 the ,system shall provide a confirmation or further action notice not later than #c business days after the initial inquiry4 7ii7 ,confirmation upon initial inquiry ,if the employer receives an appropriate confirmation of an individual's identity and employment authorized status under the ,system1 the employer shall record the confirmation in such manner as the ,secretary may specify4 7iii7 ,further action notice and later confirmation or nonconfirmation 7,i7 ,notification and acknowledgment that further action is required ,not later than #c business days after an employer receives a further action notice of an individual's identity or employment eligibility under the ,system1 or during such other reasonable time as the ,secretary may prescribe1 the employer shall notify the individual for whom the confirmation is sought of the further action notice and any procedures specified by the ,secretary for addressing such notice4 ,the further action notice shall be given to the individual in writing and the employer shall acknowledge in the ,system under penalty of perjury that it provided the employee with the further action notice4 ,the individual shall affirmatively acknowledge in writing1 or in such other manner as the ,secretary may specify1 the receipt of the further action notice from the employer4 ,if the individual refuses to acknowledge the receipt of the further action notice1 or acknowledges in writing that the individual will not contest the further action notice under subclause 7,,ii71 the employer shall notify the ,secretary in such manner as the ,secretary may specify4 7,,ii7 ,contest ,not later than #aj business days after receiving notification of a further action notice under subclause 7,i71 the individual shall contact the appropriate ,federal agency and1 if the ,secretary so requires1 appear in person for purposes of verifying the individual's identity and employment eligibility4 ,the ,secretary1 in consultation with the ,commissioner and other appropriate ,federal agencies1 shall specify an available secondary verification procedure to confirm the validity of information provided and to provide a confirmation or nonconfirmation4 ,any procedures for reexamination shall not limit in any way an employee's right to appeal a nonconfirmation4 7,,iii7 ,no contest ,if the individual refuses to acknowledge receipt of the further action notice1 acknowledges that the individual will not contest the further action notice as provided in subclause 7,i71 or does not contact the appropriate ,federal agency within the period specified in subclause 7,,ii71 following expiration of the period specified in subclause 7,,ii71 a nonconfirmation shall be issued4 ,the employer shall record the nonconfirmation in such manner as the ,secretary may specify and terminate the individual's employment4 ,an individual's failure to contest a further action notice shall not be considered an admission of guilt with respect to any violation of this section or any provision of law4 7,,iv7 ,confirmation or nonconfirmation ,unless the period is extended in accordance with this subclause1 the ,system shall provide a confirmation or nonconfirmation not later than #aj business days after the date on which the individual contests the further action notice under subclause 7,,ii74 ,if the ,secretary determines that good cause exists1 after taking into account adverse impacts to the employer1 and including time to permit the individual to obtain and provide needed evidence of identity or employment eligibility1 the ,secretary shall extend the period for providing confirmation or nonconfirmation for stated periods beyond #aj business days4 ,when confirmation or nonconfirmation is provided1 the confirmation system shall provide an appropriate code indicating such confirmation or nonconfirmation4 7,v7 ,reexamination ,nothing in this section shall prevent the ,secretary from establishing procedures to reexamine a case where a confirmation or nonconfirmation has been provided if subsequently received information indicates that the confirmation or nonconfirmation may not have been correct4 ,any procedures for reexamination shall not limit in any way an employee's right to appeal a nonconfirmation4 7,,vi7 ,employee protections ,an employer may not terminate employment or take any other adverse action against an individual solely because of a failure of the individual to have identity and employment eligibility confirmed under this subsection until-- 7aa7 a nonconfirmation has been issued2 7bb7 if the further action notice was contested1 the period to timely file an administrative appeal has expired without an appeal2 or 7cc7 if an administrative appeal has been filed1 the nonconfirmation has been upheld4 7iv7 ,notice of nonconfirmation ,not later than #c business days after an employer receives a nonconfirmation1 or during such other reasonable time as the ,secretary may provide1 the employer shall notify the individual who is the subject of the nonconfirmation1 and provide information about filing an administrative appeal pursuant to paragraph 7#f7 and request for a hearing before an administrative law judge pursuant to paragraph 7#g74 ,the nonconfirmation notice shall be given to the individual in writing and the employer shall acknowledge in the ,system under penalty of perjury that it provided the notice 7or adequately attempted to provide notice1 but was unable to do so despite reasonable efforts74 ,the individual shall affirmatively acknowledge in writing1 or in such other manner as the ,secretary may prescribe1 the receipt of the nonconfirmation notice from the employer4 ,if the individual refuses or fails to acknowledge the receipt of the nonconfirmation notice1 the employer shall notify the ,secretary in such manner as the ,secretary may prescribe4 7,d7 ,consequences of nonconfirmation 7i7 ,termination of continued employment ,except as provided in clause 7iii71 an employer that has received a nonconfirmation regarding an individual and has made reasonable efforts to notify the individual in accordance with subparagraph 7,c77iv7 shall terminate the employment of the individual upon the expiration of the time period specified in paragraph 7#f77;,a7 for filing an administrative appeal and paragraph 7#g77;,a7 for requesting a hearing before an administrative law judge4 7ii7 ,continued employment after nonconfirmation ,if the employer continues to employ an individual after receiving nonconfirmation and exhaustion of all appeals or expiration of all rights to appeal if not appealed1 in violation of clause 7i71 a rebuttable presumption is created that the employer has violated paragraphs 7#a77;,a7 and 7#b7 of subsection 7a74 ,such presumption shall not apply in any prosecution under subsection 7k77#a74 7iii7 ,effect of administrative appeal or review by administrative law judge ,if an individual files an administrative appeal of the nonconfirmation within the time period specified in paragraph 7#f77;,a71 or review by an administrative law judge specified in paragraph 7#g77;,a71 the employer shall not terminate the individual's employment under this subparagraph prior to the resolution of the administrative appeal unless the ,secretary or ,commissioner terminates the stay under paragraph 7#f77;,b7 or 7#g77;,b74 7,e7 ,obligation to respond to queries and additional information 7i7 ,in general ,employers shall comply with requests for information from the ,secretary and the ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices of the ,department of ,justice1 including queries concerning current and former employees1 within the time frame during which records are required to be maintained under this section regarding such former employees1 if such information relates to the functioning of the ,system1 the accuracy of the responses provided by the ,system1 or any suspected misuse1 discrimination1 fraud1 or identity theft in the use of the ,system4 ,failure to comply with a request under this clause constitutes a violation of subsection 7a77#a77;,b74 7ii7 ,action by individuals 7,i7 ,in general ,individuals being verified through the ,system may be required to take further action to address questions identified by the ,secretary or the ,commissioner regarding the documents relied upon for purposes of subsection 7c74 7,,ii7 ,notification ,not later than #c business days after the receipt of such questions regarding an individual1 or during such other reasonable time as the ,secretary may prescribe1 the employer shall-- 7aa7 notify the individual of any such requirement for further actions2 and 7bb7 shall record the date and manner of such notification4 7,,iii7 ,acknowledgment ,the individual shall acknowledge the notification received from the employer under subclause 7,,ii7 in writing1 or in such other manner as the ,secretary may prescribe4 7iii7 ,rulemaking 7,i7 ,in general ,the ,secretary1 in consultation with the ,commissioner1 is authorized to issue regulations implementing1 clarifying1 and supplementing the requirements under this subparagraph-- 7aa7 to facilitate the functioning1 accuracy1 and fairness of the ,system2 or 7bb7 to prevent misuse1 discrimination1 fraud1 or identity theft in the use of the ,system4 7,,ii7 ,notice ,the regulations issued under subclause 7,i7-- 7aa7 shall be published in the ,federal ,register2 and 7bb7 provide directly to all employers registered in the ,system4 7,f7 ,designated agents ,the ,secretary shall establish a process-- 7i7 for certifying1 on an annual basis or at such times as the ,secretary may prescribe1 designated agents and other ,system service providers seeking access to the ,system to perform verification queries on behalf of employers1 based upon training1 usage1 privacy1 and security standards prescribed by the ,secretary2 and 7ii7 for ensuring that designated agents and other ,system service providers are subject to monitoring to the same extent as direct access users4 7,g7 ,requirement to provide information 7i7 ,in general ,no later than #c months after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary1 in consultation with the ,secretary of ,labor1 the ,secretary of ,agriculture1 the ,commissioner1 the ,attorney ,general1 the ,equal ,employment ,opportunity ,commission1 and the ,administrator of the ,small ,business ,administration1 shall commence a campaign to disseminate information respecting the procedures1 rights1 and remedies prescribed under this section4 7ii7 ,campaign requirements ,the campaign authorized under clause 7i7-- 7,i7 shall be aimed at increasing the knowledge of employers1 employees1 and the general public concerning employer and employee rights1 responsibilities1 and remedies under this section2 and 7,,ii7 shall be coordinated with the public education campaign conducted by ,u4,s4 ,citizenship and ,immigration ,services4 7iii7 ,assessment ,the ,secretary shall assess the success of the campaign in achieving the goals of the campaign4 7iv7 ,authority to contract ,in order to carry out and assess the campaign under this subparagraph1 the ,secretary may1 to the extent deemed appropriate and subject to the availability of appropriations1 contract with public and private organizations for outreach and assessment activities under the campaign4 7v7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this paragraph #dj1jjj1jjj for each of the fiscal years #bjad through #bjaf4 7,h7 ,authority to modify information requirements ,based on a regular review of the ,system and the document verification procedures to identify misuse or fraudulent use and to assess the security of the documents and processes used to establish identity or employment authorized status1 the ,secretary1 in consultation with the ,commissioner1 after publication of notice in the ,federal ,register and an opportunity for public comment1 may modify1 if the ,secretary determines that the modification is necessary to ensure that the ,system accurately and reliably determines the identity and employment authorized status of employees and maintain existing protections against misuse1 discrimination1 fraud1 and identity theft-- 7i7 the information that shall be presented to the employer by a worker individual2 7ii7 the information that shall be provided to the ,system by the employer2 and 7iii7 the procedures that shall be followed by employers with respect to the process of verifying an individual through the ,system4 7,i7 ,self-verification ,subject to appropriate safeguards to prevent misuse of the system1 the ,secretary1 in consultation with the ,commissioner1 shall establish a secure self-verification procedure to permit an individual who seeks to verify the individual's own employment eligibility to contact the appropriate agency and1 in a timely manner1 correct or update the information contained in the ,system4 7#e7 ,protection from liability for actions taken on the basis of information provided by the ,system ,an employer shall not be liable to a job applicant1 an employee1 the ,federal ,government1 or a ,state or local government1 under ,federal1 ,state1 or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided by the ,system4 7#f7 ,administrative appeal 7,a7 ,in general ,an individual who is notified of a nonconfirmation may1 not later than #aj business days after the date that such notice is received1 file an administrative appeal of such nonconfirmation with the ,commissioner if the notice is based on records maintained by the ,commissioner1 or in any other case1 with the ,secretary4 ,an individual who did not timely contest a further action notice timely received by that individual for which the individual acknowledged receipt may not be granted a review under this paragraph4 7,b7 ,administrative stay of nonconfirmation ,the nonconfirmation shall be automatically stayed upon the timely filing of an administrative appeal1 unless the nonconfirmation resulted after the individual acknowledged receipt of the further action notice but failed to contact the appropriate agency within the time provided4 ,the stay shall remain in effect until the resolution of the appeal1 unless the ,secretary or the ,commissioner terminates the stay based on a determination that the administrative appeal is frivolous or filed for purposes of delay4 7,c7 ,review for error ,the ,secretary and the ,commissioner shall develop procedures for resolving administrative appeals regarding nonconfirmations based upon the information that the individual has provided1 including any additional evidence or argument that was not previously considered4 ,any such additional evidence or argument shall be filed within #aj business days of the date the appeal was originally filed4 ,appeals shall be resolved within #bj business days after the individual has submitted all evidence and arguments the individual wishes to submit1 or has stated in writing that there is no additional evidence that the individual wishes to submit4 ,the ,secretary and the ,commissioner may1 on a case by case basis for good cause1 extend the filing and submission period in order to ensure accurate resolution of an appeal before the ,secretary or the ,commissioner4 7,d7 ,preponderance of evidence ,administrative appeal under this paragraph shall be limited to whether a nonconfirmation notice is supported by a preponderance of the evidence4 7,e7 ,damages1 fees1 and costs ,no money damages1 fees or costs may be awarded in the administrative appeal process under this paragraph4 7#g7 ,review by administrative law judge 7,a7 ,in general ,not later than #cj days after the date an individual receives a final determination on an administrative appeal under paragraph 7#f71 the individual may obtain review of such determination by filing a complaint with an administrative law judge in accordance with this paragraph4 7,b7 ,stay of nonconfirmation ,the nonconfirmation related to such final determination shall be automatically stayed upon the timely filing of a complaint under this paragraph1 and the stay shall remain in effect until the resolution of the complaint1 unless the administrative law judge determines that the action is frivolous or filed for purposes of delay4 7,c7 ,service ,the respondent to complaint filed under this paragraph is either the ,secretary or the ,commissioner1 but not both1 depending upon who issued the administrative order under paragraph 7#f74 ,in addition to serving the respondent1 the plaintiff shall serve the ,attorney ,general4 7,d7 ,authority of administrative law judge 7i7 ,rules of practice ,the ,secretary shall promulgate regulations regarding the rules of practice in appeals brought pursuant to this subsection4 7ii7 ,authority of administrative law judge ,the administrative law judge shall have power to-- 7,i7 terminate a stay of a nonconfirmation under subparagraph 7,b7 if the administrative law judge determines that the action is frivolous or filed for purposes of delay2 7,,ii7 adduce evidence at a hearing2 7,,iii7 compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing2 7,,iv7 resolve claims of identity theft2 and 7,v7 enter1 upon the pleadings and any evidence adduced at a hearing1 a decision affirming or reversing the result of the agency1 with or without remanding the cause for a rehearing4 7iii7 ,subpoena ,in case of contumacy or refusal to obey a subpoena lawfully issued under this section and upon application of the administrative law judge1 an appropriate district court of the ,united ,states may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt of such court4 7iv7 ,training ,an administrative law judge hearing cases shall have special training respecting employment authorized status verification4 7,e7 ,order by administrative law judge 7i7 ,in general ,the administrative law judge shall issue and cause to be served to the parties in the proceeding an order which may be appealed as provided in subparagraph 7,g74 7ii7 ,contents of order ,such an order shall uphold or reverse the final determination on the request for reconsideration and order lost wages and other appropriate remedies as provided in subparagraph 7,f74 7,f7 ,compensation for error 7i7 ,in general ,in cases in which the administrative law judge reverses the final determination of the ,secretary or the ,commissioner made under paragraph 7#f71 and the administrative law judge finds that-- 7,i7 the nonconfirmation was due to gross negligence or intentional misconduct of the employer1 the administrative law judge may order the employer to pay the individual lost wages1 and reasonable costs and attorneys' fees incurred during administrative and judicial review2 or 7,,ii7 such final determination was erroneous by reason of the negligence of the ,secretary or the ,commissioner1 the administrative law judge may order the ,secretary or the ,commissioner to pay the individual lost wages1 and reasonable costs and attorneys' fees incurred during administrative and judicial review4 7ii7 ,calculation of lost wages ,lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination4 ,the individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending #abj days after completion of the administrative law judge's review described in this paragraph or the day after the individual is reinstated or obtains employment elsewhere1 whichever occurs first4 ,if the individual obtains employment elsewhere at a lower wage rate1 the individual shall be compensated for the difference in wages for the period ending #abj days after completion of the administrative law judge review process4 ,no lost wages shall be awarded for any period of time during which the individual was not in employment authorized status4 7iii7 ,payment of compensation ,notwithstanding any other law1 payment of compensation for lost wages1 costs1 and attorneys' fees under this paragraph1 or compromise settlements of the same1 shall be made as provided by section #acjd of title #ca1 ,united ,states ,code4 ,appropriations made available to the ,secretary or the ,commissioner1 accounts provided for under section #bhf1 and funds from the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund or the ,federal ,disability ,insurance ,trust ,fund shall not be available to pay such compensation4 7,g7 ,appeal ,no later than #de days after the entry of such final order1 any person adversely affected by such final order may seek review of such order in the ,united ,states ,court of ,appeals for the circuit in which the violation is alleged to have occurred or in which the employer resides or transacts business4 7#h7 ,management of the ,system 7,a7 ,in general ,the ,secretary is authorized to establish1 manage1 and modify the ,system1 which shall-- 7i7 respond to inquiries made by participating employers at any time through the internet1 or such other means as the ,secretary may designate1 concerning an individual's identity and whether the individual is in employment authorized status2 7ii7 maintain records of the inquiries that were made1 of confirmations provided 7or not provided71 and of the codes provided to employers as evidence of their compliance with their obligations under the ,system2 and 7iii7 provide information to1 and require action by1 employers and individuals using the ,system4 7,b7 ,design and operation of ,system ,the ,system shall be designed and operated-- 7i7 to maximize its reliability and ease of use by employers consistent with protecting the privacy and security of the underlying information1 and ensuring full notice of such use to employees2 7ii7 to maximize its ease of use by employees1 including direct notification of its use1 of results1 and ability to challenge results2 7iii7 to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed and to register any times when the system is unable to receive inquiries2 7iv7 to maintain appropriate administrative1 technical1 and physical safeguards to prevent unauthorized disclosure of personal information1 misuse by employers and employees1 and discrimination2 7v7 to require regularly scheduled refresher training of all users of the ,system to ensure compliance with all procedures2 7vi7 to allow for auditing of the use of the ,system to detect misuse1 discrimination1 fraud1 and identity theft1 and to preserve the integrity and security of the information in all of the ,system1 including-- 7,i7 to develop and use tools and processes to detect or prevent fraud and identity theft1 such as multiple uses of the same identifying information or documents to fraudulently gain employment2 7,,ii7 to develop and use tools and processes to detect and prevent misuse of the system by employers and employees2 7,,iii7 to develop tools and processes to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system2 7,,iv7 to audit documents and information submitted by employees to employers1 including authority to conduct interviews with employers and employees1 and obtain information concerning employment from the employer2 7vii7 to confirm identity and employment authorization through verification and comparison of records as determined necessary by the ,secretary2 7viii7 to confirm electronically the issuance of the employment authorization or identity document and-- 7,i7 if such photograph is available1 to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee2 or 7,,ii7 if a photograph is not available from the issuer1 to confirm the authenticity of the document using such alternative procedures as the ,secretary may specify2 and 7ix7 to provide appropriate notification directly to employers registered with the ,system of all changes made by the ,secretary or the ,commissioner related to allowed and prohibited documents1 and use of the ,system4 7,c7 ,safeguards to the ,system 7i7 ,requirement to develop ,the ,secretary1 in consultation with the ,commissioner and other appropriate ,federal and ,state agencies1 shall develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the records accessed or maintained by the ,system4 ,the ,secretary1 in consultation with the ,commissioner and other appropriate ,federal and ,state agencies1 shall develop and deploy appropriate privacy and security training for the ,federal and ,state employees accessing the records under the ,system4 7ii7 ,privacy audits ,the ,secretary1 acting through the ,chief ,privacy ,officer of the ,department1 shall conduct regular privacy audits of the policies and procedures established under clause 7i71 including any collection1 use1 dissemination1 and maintenance of personally identifiable information and any associated information technology systems1 as well as scope of requests for this information4 ,the ,chief ,privacy ,officer shall review the results of the audits and recommend to the ,secretary any changes necessary to improve the privacy protections of the program4 7iii7 ,records security program ,any person1 including a private third party vendor1 who retains document verification or ,system data pursuant to this section shall implement an effective records security program that-- 7,i7 ensures that only authorized personnel have access to document verification or ,system data2 and 7,,ii7 ensures that whenever such data is created1 completed1 updated1 modified1 altered1 or corrected in electronic format1 a secure and permanent record is created that establishes the date of access1 the identity of the individual who accessed the electronic record1 and the particular action taken4 7iv7 ,records security program ,in addition to the security measures described in clause 7iii71 a private third party vendor who retains document verification or ,system data pursuant to this section shall implement an effective records security program that-- 7,i7 provides for backup and recovery of any records maintained in electronic format to protect against information loss1 such as power interruptions2 and 7,,ii7 ensures that employees are trained to minimize the risk of unauthorized or accidental alteration or erasure of such data in electronic format4 7v7 ,authorized personnel defined ,in this subparagraph1 the term authorized personnel means anyone registered as a ,system user1 or anyone with partial or full responsibility for completion of employment authorization verification or retention of data in connection with employment authorization verification on behalf of an employer4 7,d7 ,responsibilities of the ,secretary 7i7 ,in general ,as part of the ,system1 the ,secretary shall maintain a reliable1 secure method1 which1 operating through the ,system and within the time periods specified1 compares the name1 alien identification or authorization number1 or other information as determined relevant by the ,secretary1 provided in an inquiry against such information maintained or accessed by the ,secretary in order to confirm 7or not confirm7 the validity of the information provided1 the correspondence of the name and number1 whether the alien has employment authorized status 7or1 to the extent that the ,secretary determines to be feasible and appropriate1 whether the records available to the ,secretary verify the identity or status of a national of the ,united ,states71 and such other information as the ,secretary may prescribe4 7ii7 ,photograph display ,as part of the ,system1 the ,secretary shall establish a reliable1 secure method1 which1 operating through the ,system1 displays the digital photograph described in subparagraph 7,b77viii77,i74 7iii7 ,timing of notices ,the ,secretary shall have authority to prescribe when a confirmation1 nonconfirmation1 or further action notice shall be issued4 7iv7 ,use of information ,the ,secretary shall perform regular audits under the ,system1 as described in subparagraph 7,b77vi7 and shall utilize the information obtained from such audits1 as well as any information obtained from the ,commissioner pursuant to part ,e of title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acja et seq471 for the purposes of this section and to administer and enforce the immigration laws4 7v7 ,available facilities and alternative accommodations ,the ,secretary shall make appropriate arrangements and develop standards to allow employers or employees1 including remote hires1 who are otherwise unable to access the ,system to use electronic and telephonic formats 7including video conferencing1 scanning technology1 and other available technologies71 ,federal ,government facilities1 public facilities1 or other available locations in order to utilize the ,system4 7vi7 ,identity fraud protection ,to prevent identity fraud1 not later than #ah months after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary shall-- 7,i7 in consultation with the ,commissioner1 establish a program to provide a reliable1 secure method for an individual to temporarily suspend or limit the use of the individual's social security account number or other identifying information for verification by the ,system2 and 7,,ii7 for each individual being verified through the ,system-- 7aa7 notify the individual that the individual has the option to limit the use of the individual's social security account number or other identifying information for verification by the ,system2 and 7bb7 provide instructions to the individuals for exercising the option referred to in item 7aa74 7vii7 ,protection from multiple use ,the ,secretary and the ,commissioner shall establish a procedure for identifying and handling a situation in which a social security account number has been identified to be subject to unusual multiple use in the ,system or is otherwise suspected or determined to have been compromised by identity fraud4 7viii7 ,monitoring and compliance unit ,the ,secretary shall establish or designate a monitoring and compliance unit to detect and reduce identity fraud and other misuse of the ,system4 7ix7 ,civil rights and civil liberties assessments 7,i7 ,requirement to conduct ,the ,secretary shall conduct regular civil rights and civil liberties assessments of the ,system1 including participation by employers1 other private entities1 and ,federal1 ,state1 and local government entities4 7,,ii7 ,requirement to respond ,employers1 other private entities1 and ,federal1 ,state1 and local entities shall timely respond to any request in connection with such an assessment4 7,,iii7 ,assessment and recommendations ,the ,officer for ,civil ,rights and ,civil ,liberties of the ,department shall review the results of each such assessment and recommend to the ,secretary any changes necessary to improve the civil rights and civil liberties protections of the ,system4 7,e7 ,grants to states 7i7 ,in general ,the ,secretary shall create and administer a grant program to help provide funding for ,states that grant-- 7,i7 the ,secretary access to driver's license information as needed to confirm that a driver's license presented under subsection 7c77#a77;,c77i7 confirms the identity of the subject of the ,system check1 and that a driver's license matches the ,state's records2 and 7,,ii7 such assistance as the ,secretary may request in order to resolve further action notices or nonconfirmations relating to such information4 7ii7 ,construction with the ,driver's ,privacy ,protection ,act of #aiid ,the provision of a photograph to the ,secretary as described in clause 7i7 may not be construed as a violation of section #bgba of title #ah1 ,united ,states ,code1 and is a permissible use under subsection 7b77#a7 of that section4 7iii7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #bej1jjj1jjj to carry out this subparagraph4 7,f7 ,responsibilities of the ,secretary of ,state ,as part of the ,system1 the ,secretary of ,state shall provide to the ,secretary access to passport and visa information as needed to confirm that a passport1 passport card1 or visa presented under subsection 7c77#a77;,b7 confirms the identity of the subject of the ,system check1 and that a passport1 passport card1 or visa photograph matches the ,secretary of ,state's records1 and shall provide such assistance as the ,secretary may request in order to resolve further action notices or nonconfirmations relating to such information4 7,g7 ,updating information ,the ,commissioner1 the ,secretary1 and the ,secretary of ,state shall update their information in a manner that promotes maximum accuracy and shall provide a process for the prompt correction of erroneous information4 7#i7 ,limitation on use of the system ,notwithstanding any other provision of law1 nothing in this subsection may be construed to permit or allow any department1 bureau1 or other agency of the ,united ,states ,government or any other entity to utilize any information1 database1 or other records assembled under this subsection for any purpose other than for employment verification or to ensure secure1 appropriate and nondiscriminatory use of the ,system4 7#aj7 ,annual report and certification ,not later than #ah months after the promulgation of regulations to implement this subsection1 and annually thereafter1 the ,secretary shall submit to ,congress a report that includes the following3 7,a7 ,an assessment of the accuracy rates of further action notices and other ,system notices provided by employers to individuals who are authorized to be employed in the ,united ,states4 7,b7 ,an assessment of the accuracy rates of further action notices and other ,system notices provided directly 7by the ,system7 in a timely fashion to individuals who are not authorized to be employed in the ,united ,states4 7,c7 ,an assessment of any challenges faced by small employers in utilizing the ,system4 7,d7 ,an assessment of the rate of employer noncompliance 7in addition to failure to provide required notices in a timely fashion7 in each of the following categories3 7i7 ,taking adverse action based on a further action notice4 7ii7 ,use of the ,system for nonemployees or other individuals before they are offered employment4 7iii7 ,use of the ,system to reverify employment authorized status of current employees except if authorized to do so4 7iv7 ,use of the ,system selectively1 except in cases in which such use is authorized4 7v7 ,use of the ,system to deny employment or post-employment benefits or otherwise interfere with labor rights4 7vi7 ,requiring employees or applicants to use any self-verification feature or to provide self-verification results4 7vii7 ,discouraging individuals who receive a further action notice from challenging the further action notice or appealing a determination made by the ,system4 7,e7 ,an assessment of the rate of employee noncompliance in each of the following categories3 7i7 ,obtaining employment when unauthorized with an employer complying with the ,system in good faith4 7ii7 ,failure to provide required documents in a timely manner4 7iii7 ,attempting to use fraudulent documents or documents not related to the individual4 7iv7 ,misuse of the administrative appeal and judicial review process4 7,f7 ,an assessment of the amount of time taken for-- 7i7 the ,system to provide the confirmation or further action notice2 7ii7 individuals to contest further action notices2 7iii7 the ,system to provide a confirmation or nonconfirmation of a contested further action notice2 7iv7 individuals to file an administrative appeal of a nonconfirmation2 and 7v7 resolving administrative appeals regarding nonconfirmations4 7#aa7 ,annual ,,gao study and report 7,a7 ,requirement ,the ,comptroller ,general shall1 for each year1 undertake a study to evaluate the accuracy1 efficiency1 integrity1 and impact of the ,system4 7,b7 ,report ,not later than #ah months after the promulgation of regulations to implement this subsection1 and yearly thereafter1 the ,comptroller ,general shall submit to ,congress a report containing the findings of the study carried out under this paragraph4 ,each such report shall include1 at a minimum1 the following3 7i7 ,an assessment of ,system performance with respect to the rate at which individuals who are eligible for employment in the ,united ,states are correctly approved within the required periods1 including a separate assessment of such rate for nationals and aliens4 7ii7 ,an assessment of the privacy and confidentiality of the ,system and of the overall security of the ,system with respect to cybertheft and theft or misuse of private data4 7iii7 ,an assessment of whether the ,system is being implemented in a manner that is not discriminatory or used for retaliation against employees4 7iv7 ,an assessment of the most common causes for the erroneous issuance of nonconfirmations by the ,system and recommendations to correct such causes4 7v7 ,the recommendations of the ,comptroller ,general regarding ,system improvements4 7vi7 ,an assessment of the frequency and magnitude of changes made to the ,system and the impact on the ability for employers to comply in good faith4 7vii7 ,an assessment of the direct and indirect costs incurred by employers in complying with the ,system1 including costs associated with retaining potential employees through the administrative appeals process and receiving a nonconfirmation4 7viii7 ,an assessment of any backlogs or delays in the ,system providing the confirmation or further action notice and impacts to hiring by employers4 7e7 ,compliance 7#a7 ,complaints and investigations ,the ,secretary shall establish procedures-- 7,a7 for individuals and entities to file complaints respecting potential violations of subsections 7a7 or 7f77#a72 7,b7 for the investigation of those complaints which the ,secretary deems appropriate to investigate2 and 7,c7 for providing notification to the ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices of the ,department of ,justice of potential violations of section #bgd;,b4 7#b7 ,authority in investigations ,in conducting investigations and proceedings under this subsection-- 7,a7 immigration officers shall have reasonable access to examine evidence of the employer being investigated2 7,b7 immigration officers designated by the ,secretary1 and administrative law judges and other persons authorized to conduct proceedings under this section1 may compel by subpoena the attendance of relevant witnesses and the production of relevant evidence at any designated place in an investigation or case under this subsection4 ,in case of refusal to fully comply with a subpoena lawfully issued under this paragraph1 the ,secretary may request that the ,attorney ,general apply in an appropriate district court of the ,united ,states for an order requiring compliance with the subpoena1 and any failure to obey such order may be punished by the court as contempt4 ,failure to cooperate with the subpoena shall be subject to further penalties1 including but not limited to further fines and the voiding of any mitigation of penalties or termination of proceedings under paragraph 7#d77;,d72 and 7,c7 the ,secretary1 in cooperation with the ,commissioner and ,attorney ,general1 and in consultation with other relevant agencies1 shall establish a ,joint ,employment ,fraud ,task ,force consisting of1 at a minimum-- 7i7 the ,system's compliance personnel2 7ii7 immigration law enforcement officers2 7iii7 personnel of the ,office of ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices of the ,department of ,justice2 7iv7 personnel of the ,office for ,civil ,rights and ,civil ,liberties of the ,department2 and 7v7 personnel of ,office of ,inspector ,general of the ,social ,security ,administration4 7#c7 ,compliance procedures 7,a7 ,pre-penalty notice ,if the ,secretary has reasonable cause to believe that there has been a civil violation of this section1 the ,secretary shall issue to the employer concerned a written notice of the ,department's intention to issue a claim for a monetary or other penalty4 ,such pre-penalty notice shall3 7i7 describe the violation2 7ii7 specify the laws and regulations allegedly violated2 7iii7 disclose the material facts which establish the alleged violation2 7iv7 describe the penalty sought to be imposed2 and 7v7 inform such employer that such employer shall have a reasonable opportunity to make representations as to why a monetary or other penalty should not be imposed4 7,b7 ,employer's response ,whenever any employer receives written pre-penalty notice of a fine or other penalty in accordance with subparagraph 7,a71 the employer may1 within #fj days from receipt of such notice1 file with the ,secretary its written response to the notice4 ,the response may include any relevant evidence or proffer of evidence that the employer wishes to present with respect to whether the employer violated this section and whether1 if so1 the penalty should be mitigated1 and shall be filed and considered in accordance with procedures to be established by the ,secretary4 7,c7 ,right to a hearing ,before issuance of an order imposing a penalty on any employer1 person1 or entity1 the employer1 person1 or entity shall be entitled to a hearing before an administrative law judge1 if requested within #fj days of the notice of penalty4 ,the hearing shall be held at the nearest location practicable to the place where the employer1 person1 or entity resides or of the place where the alleged violation occurred4 7,d7 ,issuance of orders ,if no hearing is so requested1 the ,secretary's imposition of the order shall constitute a final and unappealable order4 ,if a hearing is requested and the administrative law judge determines1 upon clear and convincing evidence received1 that there was a violation1 the administrative law judge shall issue the final determination with a written penalty claim4 ,the penalty claim shall specify all charges in the information provided under clauses 7i7 through 7iii7 of subparagraph 7,a7 and any mitigation of the penalty that the administrative law judge deems appropriate under paragraph 7#d77;,d74 7#d7 ,civil penalties 7,a7 ,hiring or continuing to employ unauthorized aliens ,any employer that violates any provision of subsection 7a77#a77;,a7 or 7a77#b7 shall-- 7i7 pay a civil penalty of not less than #c1ejj and not more than #g1ejj for each unauthorized alien with respect to which each violation of either subsection 7a77#a77;,a7 or 7a77#b7 occurred2 7ii7 if the employer has previously been fined as a result of a previous enforcement action or previous violation under this paragraph1 pay a civil penalty of not less than #e1jjj and not more than #ae1jjj for each unauthorized alien with respect to which a violation of either subsection 7a77#a77;,a7 or 7a77#b7 occurred2 and 7iii7 if the employer has previously been fined more than once under this paragraph1 pay a civil penalty of not less than #aj1jjj and not more than #be1jjj for each unauthorized alien with respect to which a violation of either subsection 7a77#a77;,a7 or 7a77#b7 occurred4 7,b7 ,enhanced penalties ,after the ,secretary certifies to ,congress that the ,system has been established1 implemented1 and made mandatory for use by all employers in the ,united ,states1 the ,secretary may establish an enhanced civil penalty for an employer who-- 7i7 fails to query the ,system to verify the identify and work authorized status of an individual2 and 7ii7 violates a ,federal1 ,state1 or local law related to-- 7,i7 the payment of wages2 7,,ii7 hours worked by employees2 or 7,,iii7 workplace health and safety4 7,c7 ,recordkeeping or verification practices ,any employer that violates or fails to comply with any requirement under subsection 7a77#a77;,b71 other than a minor or inadvertent failure1 as determined by the ,secretary1 shall pay a civil penalty of-- 7i7 not less than #ejj and not more than #b1jjj for each violation2 7ii7 if an employer has previously been fined under this paragraph1 not less than #a1jjj and not more than #d1jjj for each violation2 and 7iii7 if an employer has previously been fined more than once under this paragraph1 not less than #b1jjj and not more than #h1jjj for each violation4 7,d7 ,other penalties ,the ,secretary may impose additional penalties for violations1 including cease and desist orders1 specially designed compliance plans to prevent further violations1 suspended fines to take effect in the event of a further violation1 and in appropriate cases1 the remedy provided by paragraph 7f77#b74 7,e7 ,mitigation ,the ,secretary or1 if an employer requests a hearing1 the administrative law judge1 is authorized1 upon such terms and conditions as the ,secretary or administrative law judge deems reasonable and just and in accordance with such procedures as the ,secretary may establish or any procedures established governing the administrative law judge's assessment of penalties1 to reduce or mitigate penalties imposed upon employers1 based upon factors including1 the employer's hiring volume1 compliance history1 good-faith implementation of a compliance program1 the size and level of sophistication of the employer1 and voluntary disclosure of violations of this subsection to the ,secretary4 ,the ,secretary or administrative law judge shall not mitigate a penalty below the minimum penalty provided by this section1 except that the ,secretary may1 in the case of an employer subject to penalty for recordkeeping or verification violations only who has not previously been penalized under this section1 in the ,secretary's or administrative law judge's discretion1 mitigate the penalty below the statutory minimum or remit it entirely4 ,in any case where a civil money penalty has been imposed on an employer under section #bgd;,b for an action or omission that is also a violation of this section1 the ,secretary or administrative law judge shall mitigate any civil money penalty under this section by the amount of the penalty imposed under section #bgd;,b4 7,f7 ,effective date ,the civil money penalty amounts and the enhanced penalties provided by subparagraphs 7,a71 7,b71 and 7,c7 of this paragraph and by subsection 7f77#b7 shall apply to violations of this section committed on or after the date that is #a year after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 ,for violations committed prior to such date of enactment1 the civil money penalty amounts provided by regulations implementing this section as in effect the day before such date of enactment with respect to knowing hiring or continuing employment1 verification1 or indemnity bond violations1 as appropriate1 shall apply4 7#e7 ,order of internal review and certification of compliance 7,a7 ,employer compliance ,if the ,secretary has reasonable cause to believe that an employer has failed to comply with this section1 the ,secretary is authorized1 at any time1 to require that the employer certify that it is in compliance with this section1 or has instituted a program to come into compliance4 7,b7 ,employer certification 7i7 ,requirement ,except as provided in subparagraph 7,c71 not later than #fj days after receiving a notice from the ,secretary requiring a certification under subparagraph 7,a71 an official with responsibility for1 and authority to bind the company on1 all hiring and immigration compliance notices shall certify under penalty of perjury that the employer is in conformance with the requirements of paragraphs 7#a7 through 7#d7 of subsection 7c71 pertaining to document verification requirements1 and with subsection 7d71 pertaining to the ,system 7once the ,system is implemented with respect to that employer according to the requirements of subsection 7d77#a771 and with any additional requirements that the ,secretary may promulgate by regulation pursuant to subsection 7c7 or 7d7 or that the employer has instituted a program to come into compliance with these requirements4 7ii7 ,application ,clause 7i7 shall not apply until the date that the ,secretary certifies to ,congress that the ,system has been established1 implemented1 and made mandatory for use by all employers in the ,united ,states4 7,c7 ,extension of deadline ,at the request of the employer1 the ,secretary may extend the #fj-;day deadline for good cause4 7,d7 ,standards or methods ,the ,secretary is authorized to publish in the ,federal ,register standards or methods for such certification1 require specific recordkeeping practices with respect to such certifications1 and audit the records thereof at any time4 ,this authority shall not be construed to diminish or qualify any other penalty provided by this section4 7#f7 ,requirements for review of a final determination ,with respect to judicial review of a final determination or penalty claim issued under paragraph 7#c77;,c71 the following requirements apply3 7,a7 ,deadline ,the petition for review must be filed no later than #cj days after the date of the final determination or penalty claim issued under paragraph 7#c77;,c74 7,b7 ,venue and forms ,the petition for review shall be filed with the court of appeals for the judicial circuit where the employer's principal place of business was located when the final determination or penalty claim was made4 ,the record and briefs do not have to be printed4 ,the court shall review the proceeding on a typewritten or electronically filed record and briefs4 7,c7 ,service ,the respondent is the ,secretary4 ,in addition to serving the respondent1 the petitioner shall serve the ,attorney ,general4 7,d7 ,petitioner's brief ,the petitioner shall serve and file a brief in connection with a petition for judicial review not later than #dj days after the date on which the administrative record is available1 and may serve and file a reply brief not later than #ad days after service of the brief of the respondent1 and the court may not extend these deadlines1 except for good cause shown4 ,if a petitioner fails to file a brief within the time provided in this paragraph1 the court shall dismiss the appeal unless a manifest injustice would result4 7,e7 ,scope and standard for review ,the court of appeals shall conduct a de novo review of the administrative record on which the final determination was based and any additional evidence that the ,court finds was previously unavailable at the time of the administrative hearing4 7,f7 ,exhaustion of administrative remedies ,a court may review a final determination under paragraph 7#c77;,c7 only if-- 7i7 the petitioner has exhausted all administrative remedies available to the petitioner as of right1 including any administrative remedies established by regulation1 and 7ii7 another court has not decided the validity of the order1 unless the reviewing court finds that the petition presents grounds that could not have been presented in the prior judicial proceeding or that the remedy provided by the prior proceeding was inadequate or ineffective to test the validity of the order4 7,g7 ,enforcement of orders ,if the final determination issued against the employer under this subsection is not subjected to review as provided in this paragraph1 the ,attorney ,general1 upon request by the ,secretary1 may bring a civil action to enforce compliance with the final determination in any appropriate district court of the ,united ,states4 ,the court1 on a proper showing1 shall issue a temporary restraining order or a preliminary or permanent injunction requiring that the employer comply with the final determination issued against that employer under this subsection4 ,in any such civil action1 the validity and appropriateness of the final determination shall not be subject to review 7#g7 ,creation of lien ,if any employer liable for a fee or penalty under this section neglects or refuses to pay such liability after demand and fails to file a petition for review 7if applicable7 as provided in paragraph 7#f71 the amount of the fee or penalty shall be a lien in favor of the ,united ,states on all property and rights to property1 whether real or personal1 belonging to such employer4 ,if a petition for review is filed as provided in paragraph 7#f71 the lien shall arise upon the entry of a final judgment by the court4 ,the lien continues for #bj years or until the liability is satisfied1 remitted1 set aside1 or terminated4 7#h7 ,filing notice of lien 7,a7 ,place for filing ,the notice referred to in paragraph 7#g7 shall be filed as described in #a of the following3 7i7 ,under ,state laws 7,i7 ,real property ,in the case of real property1 in #a office within the ,state 7or the county1 or other governmental subdivision71 as designated by the laws of such ,state1 in which the property subject to the lien is situated4 7,,ii7 ,personal property ,in the case of personal property1 whether tangible or intangible1 in #a office within the ,state 7or the county1 or other governmental subdivision71 as designated by the laws of such ,state1 in which the property subject to the lien is situated1 except that ,state law merely conforming to or reenacting ,federal law establishing a national filing system does not constitute a second office for filing as designated by the laws of such ,state4 7ii7 ,with clerk of district court ,in the office of the clerk of the ,united ,states district court for the judicial district in which the property subject to the lien is situated1 whenever the ,state has not by law designated #a office which meets the requirements of clause 7i74 7iii7 ,with recorder of deeds of the ,district of ,columbia ,in the office of the ,recorder of ,deeds of the ,district of ,columbia1 if the property subject to the lien is situated in the ,district of ,columbia4 7,b7 ,situs of property subject to lien ,for purposes of subparagraph 7,a71 property shall be deemed to be situated as follows3 7i7 ,real property ,in the case of real property1 at its physical location4 7ii7 ,personal property ,in the case of personal property1 whether tangible or intangible1 at the residence of the taxpayer at the time the notice of lien is filed4 7,c7 ,determination or residence ,for purposes of subparagraph 7,a77ii71 the residence of a corporation or partnership shall be deemed to be the place at which the principal executive office of the business is located1 and the residence of a taxpayer whose residence is outside the ,united ,states shall be deemed to be in the ,district of ,columbia4 7,d7 ,effect of filing notice of lien 7i7 ,in general ,upon filing of a notice of lien in the manner described in this paragraph1 the lien shall be valid against any purchaser1 holder of a security interest1 mechanic's lien1 or judgment lien creditor1 except with respect to properties or transactions specified in subsection 7b71 7c71 or 7d7 of section #fcbc of the ,internal ,revenue ,code of #aihf for which a notice of tax lien properly filed on the same date would not be valid4 7ii7 ,notice of lien ,the notice of lien shall be considered a notice of lien for taxes payable to the ,united ,states for the purpose of any ,state or local law providing for the filing of a notice of a tax lien4 ,a notice of lien that is registered1 recorded1 docketed1 or indexed in accordance with the rules and requirements relating to judgments of the courts of the ,state where the notice of lien is registered1 recorded1 docketed1 or indexed shall be considered for all purposes as the filing prescribed by this section4 7iii7 ,other provisions ,the provisions of section #cbja7;e7 of title #bh1 ,united ,states ,code1 shall apply to liens filed as prescribed by this paragraph4 7,e7 ,enforcement of a lien ,a lien obtained through this paragraph shall be considered a debt as defined by section #cjjb of title #bh1 ,united ,states ,code and enforceable pursuant to chapter #agf of such title4 7#i7 ,attorney ,general adjudication ,the ,attorney ,general shall have jurisdiction to adjudicate administrative proceedings under this subsection4 ,such proceedings shall be conducted in accordance with requirements of section #eed of title #e1 ,united ,states ,code4 7f7 ,criminal and civil penalties and injunctions 7#a7 ,prohibition of indemnity bonds ,it is unlawful for an employer1 in the hiring of any individual1 to require the individual to post a bond or security1 to pay or agree to pay an amount1 or otherwise to provide a financial guarantee or indemnity1 against any potential liability arising under this section relating to such hiring of the individual4 7#b7 ,civil penalty ,any employer who is determined1 after notice and opportunity for mitigation of the monetary penalty under subsection 7e71 to have violated paragraph 7#a7 shall be subject to a civil penalty of #aj1jjj for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or1 if the employee cannot be located1 to the general fund of the ,treasury4 7g7 ,government contracts 7#a7 ,contractors and recipients ,whenever an employer who is a ,federal contractor 7meaning an employer who holds a ,federal contract1 grant1 or cooperative agreement1 or reasonably may be expected to submit an offer for or be awarded a government contract7 is determined by the ,secretary to have violated of this section more than #c occasions or is convicted of a crime under this section1 the employer shall be considered for debarment from the receipt of ,federal contracts1 grants1 or cooperative agreements in accordance with the procedures and standards and for the periods prescribed by the ,federal ,acquisition ,regulation4 ,however1 any administrative determination of liability for civil penalty by the ,secretary or the ,attorney ,general shall not be reviewable in any debarment proceeding4 7#b7 ,inadvertent violations ,inadvertent violations of recordkeeping or verification requirements1 in the absence of any other violations of this section1 shall not be a basis for determining that an employer is a repeat violator for purposes of this subsection4 7#c7 ,other remedies available ,nothing in this subsection shall be construed to modify or limit any remedy available to any agency or official of the ,federal ,government for violation of any contractual requirement to participate in the ,system1 as provided in the final rule relating to employment eligibility verification published in the ,federal ,register on ,november #ad1 #bjjh 7#gc ,fed4 ,reg4 #fg1fea71 or any similar subsequent regulation4 7h7 ,preemption ,the provisions of this section preempt any ,state or local law1 ordinance1 policy1 or rule1 including any criminal or civil fine or penalty structure1 relating to the hiring1 continued employment1 or status verification for employment eligibility purposes1 of unauthorized aliens4 ,a ,state1 locality1 municipality1 or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the ,system4 7i7 ,deposit of amounts received ,except as otherwise specified1 civil penalties collected under this section shall be deposited by the ,secretary into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7j7 ,challenges to validity of the ,system 7#a7 ,in general ,any right1 benefit1 or claim not otherwise waived or limited pursuant to this section is available in an action instituted in the ,united ,states ,district ,court for the ,district of ,columbia1 but shall be limited to determinations of-- 7,a7 whether this section1 or any regulation issued to implement this section1 violates the ,constitution of the ,united ,states2 or 7,b7 whether such a regulation issued by or under the authority of the ,secretary to implement this section1 is contrary to applicable provisions of this section or was issued in violation of title #e1 chapter #e1 ,united ,states ,code4 7#b7 ,deadlines for bringing actions ,any action instituted under this subsection must be filed no later than #ahj days after the date the challenged section or regulation described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 becomes effective4 ,no court shall have jurisdiction to review any challenge described in subparagraph 7,b7 after the time period specified in this subsection expires4 7k7 ,criminal penalties and injunctions for pattern or practice violations 7#a7 ,pattern and practice ,any employer who engages in a pattern or practice of knowing violations of subsection 7a77#a77;,a7 or 7a77#b7 shall be fined under title #ah1 ,united ,states ,code1 no more than #aj1jjj for each unauthorized alien with respect to whom such violation occurs1 imprisoned for not more than #b years for the entire pattern or practice1 or both4 7#b7 ,term of imprisonment ,the maximum term of imprisonment of a person convicted of any criminal offense under the ,united ,states ,code shall be increased by #e years if the offense is committed as part of a pattern or practice of violations of subsection 7a77#a77;,a7 or 7a77#b74 7#c7 ,enjoining of pattern or practice violations ,whenever the ,secretary or the ,attorney ,general has reasonable cause to believe that an employer is engaged in a pattern or practice of employment in violation of subsection 7a77#a77;,a7 or 7a77#b71 the ,attorney ,general may bring a civil action in the appropriate district court of the ,united ,states requesting such relief1 including a permanent or temporary injunction1 restraining order1 or other order against the employer1 as the ,secretary or ,attorney ,general deems necessary4 7l7 ,criminal penalties for unlawful and abusive employment 7#a7 ,in general ,any person who1 during any #ab-month period1 knowingly employs or hires1 employs1 recruits1 or refers for employment #aj or more individuals within the ,united ,states who are under the control and supervision of such person-- 7,a7 knowing that the individuals are unauthorized aliens2 and 7,b7 under conditions that violate section #e7;a7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fed7;a7 7relating to occupational safety and health71 section #f or #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg7 7relating to minimum wages and maximum hours of employment71 section #cadb of title #dj1 ,united ,states ,code1 7relating to required wages on construction contracts71 or sections #fgjc or #fgjd of title #da1 ,united ,states ,code1 7relating to required wages on service contracts7 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than #aj years1 or both4 7#b7 ,attempt and conspiracy ,any person who attempts or conspires to commit any offense under this section shall be punished in the same manner as a person who completes the offense4 4 7b7 ,report on use of the ,system in the agricultural industry ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report that assesses implementation of the ,employment ,verification ,system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 in the agricultural industry1 including the use of such ,system technology in agriculture industry hiring processes1 user1 contractor1 and third-party employer agent employment practices1 timing and logistics regarding employment verification and reverification processes to meet agriculture industry practices1 and identification of potential challenges and modifications to meet the unique needs of the agriculture industry4 ,such report shall review-- 7#a7 the modality of access1 training and outreach1 customer support1 processes for further action notices and secondary verifications for short-term workers1 monitoring1 and compliance procedures for such ,system2 7#b7 the interaction of such ,system with the process to admit nonimmigrant workers pursuant to section #bah or #bah;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh et seq47 and with enforcement of the immigration laws2 and 7#c7 the collaborative use of processes of other ,federal and ,state agencies that intersect with the agriculture industry4 7c7 ,report on impact of the ,system on employers ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report that assesses-- 7#a7 the implementation of the ,employment ,verification ,system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 by employers2 7#b7 any adverse impact on the revenues1 business processes1 or profitability of employers required to use such ,system2 and 7#c7 the economic impact of such ,system on small businesses4 7d7 ,government ,accountability ,office study of the effects of document requirements on employment authorized persons and employers 7#a7 ,study ,the ,comptroller ,general of the ,united ,states shall carry out a study of the effects of the documentary requirements of section #bgd;,a of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 on employers1 nationals of the ,united ,states and individuals with employment authorized status1 and challenges such employers1 nationals or individuals may face in obtaining the documentation required by that section4 7#b7 ,report ,not later than #d years after the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report containing the findings of the study carried out under paragraph 7#a74 ,such report shall include1 at a minimum1 the following3 7,a7 ,an assessment of available information regarding the number of working age nationals of the ,united ,states and individuals who have employment authorized status who lack documents required for employment by such section #bgd;,a4 7,b7 ,a description of the additional steps required for individuals who have employment authorized status and do not possess the documents required by such section #bgd;,a to obtain such documents4 7,c7 ,a general assessment of the average financial costs for individuals who have employment authorized status who do not possess the documents required by such section #bgd;,a to obtain such documents4 7,d7 ,a general assessment of the average financial costs and challenged for employers who have been required to participate in the ,employment ,verification ,system established by subsection 7d7 of such section #bgd;,a4 7,e7 ,a description of the barriers to individuals who have employment authorized status in obtaining the documents required by such section #bgd;,a1 including barriers imposed by the executive branch of the ,government4 7,f7 ,any particular challenges facing individuals who have employment authorized status who are members of a federally recognized ,indian tribe in complying with the provisions of such section #bgd;,a4 7e7 ,repeal of pilot programs and ,e-,verify and transition procedures 7#a7 ,repeal ,sections #dja1 #djb1 #djc1 #djd1 and #dje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note7 are repealed4 7#b7 ,transition procedures ,any employer who was participating in the ,e-,verify ,program described in section #djc of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note71 as in effect on the minute before the date of the enactment of this ,act1 shall participate in the ,system described in subsection 7d7 of section #bgd;,a of the ,immigration and ,nationality ,act1 as amended by subsection 7a7 to the same extent and in the same manner that the employer participated in such ,e-,verify ,program4 7#c7 ,construction ,the repeal made by paragraph 7#a7 may not be construed to limit the authority of the ,secretary to allow or continue to allow the participation in such ,system of employers who have participated in such ,e-,verify ,program1 as in effect on the day before the date of the enactment of this ,act4 7f7 ,conforming amendment ,paragraph 7#c7 of section #bgd7;a7 7#h ,u4,s4,c4 #acbd7;a77 is repealed4 #cajb4 ,increasing security and integrity of social security cards 7a7 ,fraud-resistant1 tamper-resistant1 wear-resistant1 and identity theft-resistant social security cards 7#a7 ,issuance 7,a7 ,preliminary work ,not later than #ahj days after the date of the enactment of this title1 the ,commissioner of ,social ,security shall begin work to administer and issue fraud-resistant1 tamper-resistant1 wear-resistant1 and identity theft-resistant social security cards4 7,b7 ,completion ,not later than #e years after the date of enactment of this title1 the ,commissioner of ,social ,security shall issue only social security cards determined to be fraud-resistant1 tamper-resistant1 wear-resistant1 and identity theft-resistant social security cards4 7#b7 ,amendment ,section #bje7;c77#b77;,g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;c77#b77;,g77 is amended by striking the second sentence and inserting the following3 ,the social security card shall be fraud-resistant1 tamper-resistant1 wear-resistant1 and identity theft-resistant44 7#c7 ,appropriation ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there is appropriated to the ,commissioner of ,social ,security an additional amount for ,limitation on ,administrative ,expenses for the purpose of carrying out the amendments made by this subsection1 #a1jjj1jjj1jjj for fiscal year #bjad1 to remain available until expended4 7#d7 ,emergency designation for congressional enforcement ,in the ,senate1 amounts made available under this subsection are designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4 7#e7 ,emergency designation for statutory paygo ,amounts made available under this subsection are designated as an emergency requirement under section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7,public ,law #aaa-aci2 #b ,u4,s4,c4 #icc7;g774 7b7 ,multiple cards ,section #bje7;c77#b77;,g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;c77#b77;,g771 as amended by subsection 7a77#b71 is amended-- 7#a7 by inserting 7i7 after 7,g72 and 7#b7 by adding at the end the following3 7ii7 ,the ,commissioner of ,social ,security shall restrict the issuance of multiple replacement social security cards to any individual to #c per year and #aj for the life of the individual1 except that the ,commissioner may allow for reasonable exceptions from the limits under this clause on a case-by-case basis in compelling circumstances4 4 7c7 ,criminal penalties 7#a7 ,social security fraud 7,a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting at the end the following3 #ajda4 ,social security fraud4 ,any person who-- 7#a7 knowingly possesses or uses a social security account number or social security card knowing that the number or card was obtained from the ,commissioner of ,social ,security by means of fraud or false statement2 7#b7 knowingly and falsely represents a number to be the social security account number assigned by the ,commissioner of ,social ,security to him or her or to another person1 when such number is known not to be the social security account number assigned by the ,commissioner of ,social ,security to him or her or to such other person2 7#c7 knowingly1 and without lawful authority1 buys1 sells1 or possesses with intent to buy or sell a social security account number or a social security card that is or purports to be a number or card issued by the ,commissioner of ,social ,security2 7#d7 knowingly alters1 counterfeits1 forges1 or falsely makes a social security account number or a social security card2 7#e7 knowingly uses1 distributes1 or transfers a social security account number or a social security card knowing the number or card to be intentionally altered1 counterfeited1 forged1 falsely made1 or stolen2 or 7#f7 without lawful authority1 knowingly produces or acquires for any person a social security account number1 a social security card1 or a number or card that purports to be a social security account number or social security card1 shall be fined under this title1 imprisoned not more than #e years1 or both4 4 7,b7 ,table of sections amendment ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding after the item relating to section #ajdj the following3 ,sec4 #ajda4 ,social security fraud4 4 7#b7 ,information disclosure 7,a7 ,in general ,notwithstanding any other provision of law and subject to subparagraph 7,b71 the ,commissioner of ,social ,security shall disclose for the purpose of investigating a violation of section #ajda of title #ah1 ,united ,states ,code1 or section #bgd;,a1 section #bgd;,b1 or section #bgd;,c of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a1 #acbd;b1 #acbd;c71 provided that such request is in writing and from an officer in a supervisory position or higher official1 the following records of the ,social ,security ,administration to any ,federal law enforcement agency that requests such records3 7i7 ,records concerning the identity1 address1 location1 or financial institution accounts of the holder of a social security account number or social security card4 7ii7 ,records concerning the application for and issuance of a social security account number or social security card4 7iii7 ,records concerning the existence or nonexistence of a social security account number or social security card4 7,b7 ,limitation ,the ,commissioner of ,social ,security shall not disclose any tax return or tax return information pursuant to subparagraph 7,a7 except as authorized by section #fajc of the ,internal ,revenue ,code of #aihf4 #cajc4 ,increasing security and integrity of immigration documents ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall submit a report to ,congress on the feasibility1 advantages1 and disadvantages of including1 in addition to a photograph1 other biometric information on each employment authorization document issued by the ,department4 #cajd4 ,responsibilities of the ,social ,security ,administration ,title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acja et seq47 is amended by adding at the end the following new part3 ,e ,employment ,verification #aahf4 ,responsibilities of the ,commissioner of ,social ,security 7a7 ,confirmation of employment verification data ,as part of the employment verification system established by the ,secretary of ,homeland ,security under the provisions of section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 7in this section referred to as the ,system71 the ,commissioner of ,social ,security shall1 subject to the provisions of section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 establish a reliable1 secure method that1 operating through the ,system and within the time periods specified in section #bgd;,a7d7 of such ,act-- 7#a7 compares the name1 date of birth1 social security account number1 and available citizenship information provided in an inquiry against such information maintained by the ,commissioner in order to confirm 7or not confirm7 the validity of the information provided regarding an individual whose identity and employment eligibility must be confirmed2 7#b7 determines the correspondence of the name1 date of birth1 and number2 7#c7 determines whether the name and number belong to an individual who is deceased according to the records maintained by the ,commissioner2 7#d7 determines whether an individual is a national of the ,united ,states1 as defined in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb772 and 7#e7 determines whether the individual has presented a social security account number that is not valid for employment4 7b7 ,prohibition ,the ,system shall not disclose or release social security information to employers through the confirmation system 7other than such confirmation or nonconfirmation1 information provided by the employer to the ,system1 or the reason for the issuance of a further action notice74 4 #caje4 ,improved prohibition on discrimination based on national origin or citizenship status 7a7 ,in general ,section #bgd;,b7a7 7#h ,u4,s4,c4 #acbd;b7 is amended to read as follows3 7a7 ,prohibition on discrimination based on national origin or citizenship status 7#a7 ,prohibition on discrimination generally ,it is an unfair immigration-related employment practice for a person1 other entity1 or employment agency1 to discriminate against any individual 7other than an unauthorized alien defined in section #bgd;,a7b77 because of such individual's national origin or citizenship status1 with respect to the following3 7,a7 ,the hiring of the individual for employment4 7,b7 ,the verification of the individual's eligibility to work in the ,united ,states4 7,c7 ,the discharging of the individual from employment4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply to the following3 7,a7 ,a person1 other entity1 or employer that employs #e or fewer employees1 except for an employment agency4 7,b7 ,a person's or entity's discrimination because of an individual's national origin if the discrimination with respect to that employer1 person1 or entity and that individual is covered under section #gjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b71 unless the discrimination is related to an individual's verification of employment authorization4 7,c7 ,discrimination because of citizenship status which-- 7i7 is otherwise required in order to comply with a provision of ,federal1 ,state1 or local law related to law enforcement2 7ii7 is required by ,federal ,government contract2 or 7iii7 the ,secretary or ,attorney ,general determines to be essential for an employer to do business with an agency or department of the ,federal ,government or a ,state1 local1 or tribal government4 7#c7 ,additional exception providing right to prefer equally qualified citizens ,notwithstanding any other provision of this section1 it is not an unfair immigration-related employment practice for an employer 7as defined in section #bgd;,a7b77 to prefer to hire1 recruit1 or refer an individual who is a citizen or national of the ,united ,states over another individual who is an alien if the #b individuals are equally qualified4 7#d7 ,unfair immigration-related employment practices relating to the ,system ,it is also an unfair immigration-related employment practice for a person1 other entity1 or employment agency-- 7,a7 to discharge or constructively discharge an individual solely due to a further action notice issued by the ,employment ,verification ,system created by section #bgd;,a until the administrative appeal described in section #bgd;,a7d77#f7 is completed2 7,b7 to use the ,system with regard to any person for any purpose except as authorized by section #bgd;,a7d72 7,c7 to use the ,system to reverify the employment authorization of a current employee1 including an employee continuing in employment1 other than reverification in a situation authorized by regulation on the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 reverification upon expiration of employment authorization1 or as otherwise authorized under section #bgd;,a7d7 or by regulation2 7,d7 to use the ,system selectively for employees1 except where authorized by law2 7,e7 to fail to provide to an individual any notice required in section #bgd;,a7d7 within the relevant time period2 7,f7 to use the ,system to deny workers' employment or post-employment benefits2 7,g7 to misuse the ,system to discriminate based on national origin or citizenship status2 7,h7 to require an employee or prospective employee to use any self-verification feature of the ,system or provide1 as a condition of application or employment1 any self-verification results2 7,i7 to use an immigration status verification system1 service1 or method other than those described in section #bgd;,a for purposes of verifying employment eligibility2 or 7,j7 to grant access to document verification or ,system data1 to any individual or entity other than personnel authorized to have such access1 or to fail to take reasonable safeguards to protect against unauthorized loss1 use1 alteration1 or destruction of ,system data4 7#e7 ,prohibition of intimidation or retaliation ,it is also an unfair immigration-related employment practice for a person1 other entity1 or employment agency to intimidate1 threaten1 coerce1 or retaliate against any individual-- 7,a7 for the purpose of interfering with any right or privilege secured under this section2 or 7,b7 because the individual intends to file or has filed a charge or a complaint1 testified1 assisted1 or participated in any manner in an investigation1 proceeding1 or hearing under this section4 7#f7 ,treatment of certain documentary practices as employment practices ,a person's1 other entity's1 or employment agency's request1 for purposes of verifying employment eligibility1 for more or different documents than are required under section #bgd;,a1 or for specific documents1 or refusing to honor documents tendered that reasonably appear to be genuine shall be treated as an unfair immigration-related employment practice4 7#g7 ,employment agency defined ,in this section1 the term employment agency means any employer1 person1 or entity regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such employer1 person1 or entity4 4 7b7 ,referral by ,,eeoc ,section #bgd;,b7b7 7#h ,u4,s4,c4 #acbd;b7b77 is amended by adding at the end the following3 7#c7 ,referral by ,,eeoc ,the ,equal ,employment ,opportunity ,commission shall refer all matters alleging immigration-related unfair employment practices filed with the ,commission1 including those alleging violations of paragraphs 7#a71 7#d71 7#e71 and 7#f7 of subsection 7a7 to the ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices of the ,department of ,justice4 2 7c7 ,authorization of appropriations ,section #bgd;,b7l77#c7 7#h ,u4,s4,c4 #acbd;b7l77#c771 is amended by striking the period at the end and inserting and an additional #dj1jjj1jjj for each of fiscal years #bjad through #bjaf44 7d7 ,fines 7#a7 ,in general ,section #bgd;,b7g77#b77;,b7 7#h ,u4,s4,c4 #acbd;b7g77#b77;,b77 is amended by striking clause 7vi7 and inserting the following3 7iv7 to pay any applicable civil penalties prescribed below1 the amounts of which may be adjusted periodically to account for inflation as provided by law-- 7,i7 except as provided in subclauses 7,,ii7 through 7,,iv71 to pay a civil penalty of not less than #b1jjj and not more than #e1jjj for each individual subjected to an unfair immigration-related employment practice2 7,,ii7 except as provided in subclauses 7,,iii7 and 7,,iv71 in the case of an employer1 person1 or entity previously subject to a single order under this paragraph1 to pay a civil penalty of not less than #d1jjj and not more than #aj1jjj for each individual subjected to an unfair immigration-related employment practice2 7,,iii7 except as provided in subclause 7,,iv71 in the case of an employer1 person1 or entity previously subject to more than #a order under this paragraph1 to pay a civil penalty of not less than #h1jjj and not more than #be1jjj for each individual subjected to an unfair immigration-related employment practice2 and 7,,iv7 in the case of an unfair immigration-related employment practice described in paragraphs 7#d7 through 7#f7 of subsection 7a71 to pay a civil penalty of not less than #ejj and not more than #b1jjj for each individual subjected to an unfair immigration-related employment practice4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date that is #a year after the date of the enactment of this ,act and apply to violations occurring on or after such date of enactment4 #cajf4 ,rulemaking 7a7 ,interim final regulations 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act-- 7,a7 the ,secretary1 shall issue regulations implementing sections #caja1 #cajd1 and #caje1 and the amendments made by such sections2 and 7,b7 the ,attorney ,general shall issue regulations implementing section #cajb and the amendment made by such section4 7#b7 ,effective date ,regulations issued pursuant to paragraph 7#a7 shall be effective immediately on an interim basis1 but are subject to change and revision after public notice and opportunity for a period for public comment4 7b7 ,final regulations ,within a reasonable time after publication of the interim regulations under subsection 7a71 the ,secretary1 in consultation with the ,commissioner of ,social ,security and the ,attorney ,general1 shall publish final regulations implementing this subtitle4 ,b ,protecting ,united ,states workers #cbja4 ,protections for victims of serious violations of labor and employment law or crime 7a7 ,in general ,section #aja7;a77#ae77,u7 7#h ,u4,s4,c4 #aaja7;a77#ae77,u77 is amended-- 7#a7 in clause 7i7-- 7,a7 by amending subclause 7,i7 to read as follows3 7,i7 the alien-- 7aa7 has suffered substantial physical or mental abuse or substantial harm as a result of having been a victim of criminal activity described in clause 7iii7 or of a covered violation described in clause 7iv72 or 7bb7 is a victim of criminal activity described in clause 7iii7 or of a covered violation described in clause 7iv7 and would suffer extreme hardship upon removal2 2 7,b7 in subclause 7,,ii71 by inserting 1 or a covered violation resulting in a claim described in clause 7iv7 that is not the subject of a frivolous lawsuit by the alien before the semicolon at the end2 and 7,c7 by amending subclauses 7,,iii7 and 7,,iv7 to read as follows3 7,,iii7 the alien 7or in the case of an alien child who is younger than #af years of age1 the parent1 guardian1 or next friend of the alien7 has been helpful1 is being helpful1 or is likely to be helpful to-- 7aa7 a ,federal1 ,state1 or local law enforcement official1 a ,federal1 ,state1 or local prosecutor1 a ,federal1 ,state1 or local judge1 the ,department of ,homeland ,security1 the ,equal ,employment ,opportunity ,commission1 the ,department of ,labor1 or other ,federal or1 ,state1 or local authorities investigating or prosecuting criminal activity described in clause 7iii72 or 7bb7 any ,federal1 ,state1 or local governmental agency investigating1 prosecuting1 or seeking civil remedies for any cause of action1 whether criminal1 civil1 or administrative1 arising from a covered violation described in clause 7iv7 and presents a certification from such ,federal1 ,state1 or local governmental agency attesting that the alien has been helpful1 is being helpful1 or is likely to be helpful to such agency in the investigation1 prosecution1 or adjudication arising from a covered violation described in clause 7iv72 and 7,,iv7 the criminal activity described in clause 7iii7 or the covered violation described in clause 7iv7-- 7aa7 violated the laws of the ,united ,states2 or 7bb7 occurred in the ,united ,states 7including ,indian country and military installations7 or the territories and possessions of the ,united ,states2 2 7#b7 in clause 7ii77,,ii71 by striking and at the end2 7#c7 by moving clause 7iii7 #b ems to the left2 7#d7 in clause 7iii7-- 7,a7 by inserting stalking1 child abuse when the alien is a minor2 after sexual exploitation22 7,b7 by inserting fraud in foreign labor contracting2 before peonage22 and 7,c7 by striking or at the end and inserting and2 and 7#e7 by adding at the end the following3 7iv7 a covered violation referred to in this clause is-- 7,i7 a serious violation involving #a or more of the following or any similar activity in violation of any ,federal1 ,state1 or local law1 serious workplace abuse1 exploitation1 retaliation1 or violation of whistleblower protections2 7,,ii7 a violation giving rise to a civil cause of action under section #aeie of title #ah1 ,united ,states ,code2 or 7,,iii7 a violation resulting in the deprivation of due process or constitutional rights4 4 7b7 ,savings provision ,nothing in section #aja7;a77#ae77,u77iv77,,iii7 of the ,immigration and ,nationality ,act1 as added by subsection 7a71 may be construed as altering the definition of retaliation or discrimination under any other provision of law4 7c7 ,temporary stay of removal ,section #bgd;,a 7#h ,u4,s4,c4 #acbd;a71 as amended by section #caja1 is further amended-- 7#a7 in subsection 7e7 by adding at the end the following3 7#aj7 ,conduct in enforcement actions ,if the ,secretary undertakes an enforcement action at a facility about which a bona fide workplace claim has been filed or is contemporaneously filed1 or as a result of information provided to the ,secretary in retaliation against employees for exercising their rights related to a bona fide workplace claim1 the ,secretary shall ensure that-- 7,a7 any aliens arrested or detained who are necessary for the investigation or prosecution of a bona fide workplace claim violations or criminal activity 7as described in subparagraph 7,t7 or 7,u7 of section #aja7;a77#ae77 are not removed from the ,united ,states until after the ,secretary-- 7i7 notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity2 and 7ii7 provides such agency with the opportunity to interview such aliens2 7,b7 no aliens entitled to a stay of removal or abeyance of removal proceedings under this section are removed2 and 7,c7 the ,secretary shall stay the removal of an alien who-- 7i7 has filed a covered violation described in clause 7iv7 of section #aja7;a77#ae77,u7 and is the victim of the same violations under an existing investigation2 7ii7 is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim or civil rights claim2 or 7iii7 has filed for relief under such section if the alien has is working with law enforcement as described in clause 7i77,,iii7 of such section4 2 and 7#b7 by adding at the end the following3 7m7 ,victims of criminal activity or labor and employment violations ,the ,secretary of ,homeland ,security may permit an alien to remain temporarily in the ,united ,states and authorize the alien to engage in employment in the ,united ,states if the ,secretary determines that the alien-- 7#a7 has filed for relief under section #aja7;a77#ae77,u72 or 7#b7 7,a7 has filed1 or is a material witness to1 a bona fide claim or proceedings resulting from a covered violation 7as defined in section #aja7;a77#ae77,u77iv772 and 7,b7 has been helpful1 is being helpful1 or is likely to be helpful1 in the investigation1 prosecution of1 or pursuit of civil remedies related to the claim arising from a covered violation1 to-- 7i7 a ,federal1 ,state1 or local law enforcement official2 7ii7 a ,federal1 ,state1 or local prosecutor2 7iii7 a ,federal1 ,state1 or local judge2 7iv7 the ,department of ,homeland ,security2 7v7 the ,equal ,employment ,opportunity ,commission2 or 7vi7 the ,department of ,labor4 4 7d7 ,conforming amendments ,section #bad7p7 7#h ,u4,s4,c4 #aahd7p77 is amended-- 7#a7 in paragraph 7#a71 by striking in section #aja7;a77#ae77,u77iii74 both places it appears and inserting in clause 7iii7 of section #aja7;a77#ae77,u7 or investigating1 prosecuting1 or seeking civil remedies for claims resulting from a covered violation described in clause 7iv7 of such section42 and 7#b7 in the first sentence of paragraph 7#f7-- 7,a7 by striking in section #aja7;a77#ae77,u77iii7 and inserting in clause 7iii7 of section #aja7;a77#ae77,u7 or claims resulting from a covered violation described in clause 7iv7 of such section2 and 7,b7 by inserting or claim arising from a covered violation after prosecution of such criminal activity4 7e7 ,modification of limitation on authority ,to adjust status for victims of crimes ,section #bde7m77#a7 7#h ,u4,s4,c4 #abee7m77#a77 is amended1 in the matter before subparagraph 7,a71 by inserting or an investigation or prosecution regarding a workplace or civil rights claim after prosecution4 7f7 ,expansion of limitation on sources of information that may be used ,to make adverse determinations 7#a7 ,in general ,section #chd7;a77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg7;a77#a77 is amended-- 7,a7 in each of subparagraphs 7,a7 through 7,d71 by striking the comma at the end and inserting a semicolon2 7,b7 subparagraph 7,e71 by striking the criminal activity1 and inserting abuse and the criminal activity or bona fide workplace claim 7as defined in subsection 7e772 2 7,c7 in subparagraph 7,f71 by striking 1 the trafficker or perpetrator1 and inserting 71 the trafficker or perpetrator2 or2 and 7,d7 by inserting after subparagraph 7,f7 the following3 7,g7 the alien's employer1 4 7#b7 ,workplace claim defined ,section #chd of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg7 is amended by adding at the end the following3 7e7 ,workplace claims 7#a7 ,workplace claims defined 7,a7 ,in general ,in section 7a77#a71 the term workplace claim means any claim1 petition1 charge1 complaint1 or grievance filed with1 or submitted to1 a ,federal1 ,state1 or local agency or court1 relating to the violation of applicable ,federal1 ,state1 or local labor or employment laws4 7,b7 ,constructions ,subparagraph 7,a7 may not be construed to alter what constitutes retaliation or discrimination under any other provision of law4 7#b7 ,penalty for false claims ,any person who knowingly presents a false or fraudulent claim to a law enforcement official in relation to a covered violation for the purpose of obtaining a benefit under this section shall be subject to a civil penalty of not more than #a1jjj4 7#c7 ,limitation on stay of adverse determinations ,in the case of an alien applying for status under section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act and seeking relief under this section1 the prohibition on adverse determinations under subsection 7a7 shall expire on the date that the alien's application for status under such section is denied and all opportunities for appeal of the denial have been exhausted4 4 7g7 ,removal proceedings ,section #bci7;e7 7#h ,u4,s4,c4 #abbi7;e77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,in cases where and inserting ,if2 and 7,b7 by striking paragraph 7#b71 and inserting paragraph 7#b7 or as a result of information provided to the ,secretary of ,homeland ,security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights12 and 7#b7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,at a facility about which a bona fide workplace claim has been filed or is contemporaneously filed4 4 #cbjb4 ,employment ,verification ,system ,education ,funding 7a7 ,disposition of civil penalties ,penalties collected under subsections 7e77#d7 and 7f77#c7 of section #bgd;,a of the ,immigration and ,nationality ,act1 amended by section #caja1 shall be deposited1 as offsetting receipts1 into the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a74 7b7 ,expenditures ,amounts deposited into the ,trust ,fund under subsection 7a7 shall be made available to the ,secretary to provide education to employers and employees regarding the requirements1 obligations1 and rights under the ,employment ,verification ,system4 7c7 ,determination of budgetary effects 7#a7 ,emergency designation for congressional enforcement ,in the ,senate1 amounts made available under this section are designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4 7#b7 ,emergency designation for statutory paygo ,amounts made available under this section are designated as an emergency requirement under section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7,public ,law #aaa-aci2 #b ,u4,s4,c4 #icc7;g774 #cbjc4 ,directive to the ,united ,states ,sentencing ,commission 7a7 ,in general ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with subsection 7b71 the ,united ,states ,sentencing ,commission shall promulgate sentencing guidelines or amend existing sentencing guidelines to modify1 if appropriate1 the penalties imposed on persons convicted of offenses under-- 7#a7 section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a71 as amended by section #caja2 7#b7 section #af of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf72 and 7#c7 any other ,federal law covering similar conduct4 7b7 ,requirements ,in carrying out subsection 7a71 the ,sentencing ,commission shall provide sentencing enhancements for any person convicted of an offense described in subsection 7a7 if such offense involves-- 7#a7 the intentional confiscation of identification documents2 7#b7 corruption1 bribery1 extortion1 or robbery2 7#c7 sexual abuse2 7#d7 serious bodily injury2 7#e7 an intent to defraud2 or 7#f7 a pattern of conduct involving multiple violations of law that-- 7,a7 creates1 through knowing and intentional conduct1 a risk to the health or safety of any victim2 or 7,b7 denies payments due to victims for work completed4 #cbjd4 ,confidentiality for victims of crime ,section #chd of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking in no case may2 and 7ii7 by inserting or1 with respect to subparagraphs 7,e7 and 7,f7 and paragraph 7#b71 any other official or employee of a certifying agency1 may not after ,departments72 and 7,b7 in paragraph 7#b71 by striking who is a beneficiary of an application and inserting applying for2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#d71 by striking battered2 and 7,b7 by adding at the end the following3 7#h7 7,a7 ,subsection 7a77#b7 may not be construed to prevent the disclosure of-- 7i7 information that prosecutors are constitutionally obligated to disclose to provide statements by witnesses and certain other documents to defendants in a pending ,federal criminal proceeding2 or 7ii7 information in a civil proceeding in which a judge orders that such information be disclosed in connection with a witness testifying in such proceeding4 7,b7 ,all information disclosed during litigation pursuant to the exception set forth in this paragraph for any purpose other than the purpose ordered in the proceeding-- 7i7 may not be disclosed to any nonrequired party2 7ii7 shall be filed under seal1 with all personally identifying information redacted except the witness's first name2 and 7iii7 shall be returned to the disclosing party at the conclusion of the proceeding4 4 ,c ,other provisions #ccja4 ,funding 7a7 ,establishment of the ,interior ,enforcement ,account ,there is hereby established in the ,treasury of the ,united ,states an account which shall be known as the ,interior ,enforcement ,account4 7b7 ,appropriations ,there are authorized to be appropriated to the ,interior ,enforcement ,account #a1jjj1jjj1jjj to carry out this title and the amendments made by this title1 including the following appropriations3 7#a7 ,in each of the #e years beginning on the date of the enactment of this ,act1 the appropriations necessary to increase to a level not less than #e1jjj1 by the end of such #e-year period1 the total number of personnel of the ,department assigned exclusively or principally to an office or offices in ,u4,s4 ,citizenship and ,immigration ,services and ,u4,s4 ,immigration and ,customs ,enforcement 7and consistent with the missions of such agencies71 dedicated to administering the ,system1 and monitoring and enforcing compliance with sections #bgd;,a1 #bgd;,b1 and #bgd;,c of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a1 #acbd;b1 and #acbd;c71 including compliance with the requirements of the ,electronic ,verification ,system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 as amended by section #caja4 ,such personnel shall perform compliance and monitoring functions1 including the following3 7,a7 ,verify compliance of employers participating in such ,system with the requirements for participation that are prescribed by the ,secretary4 7,b7 ,monitor such ,system for multiple uses of social security account numbers and immigration identification numbers that could indicate identity theft or fraud4 7,c7 ,monitor such ,system to identify discriminatory or unfair practices4 7,d7 ,monitor such ,system to identify employers who are not using such ,system properly1 including employers who fail to make available appropriate records with respect to their queries and any notices of confirmation1 nonconfirmation1 or further action4 7,e7 ,identify instances in which an employee alleges that an employer violated the employee's privacy or civil rights1 or misused such ,system1 and create procedures for an employee to report such an allegation4 7,f7 ,analyze and audit the use of such ,system and the data obtained through such ,system to identify fraud trends1 including fraud trends across industries1 geographical areas1 or employer size4 7,g7 ,analyze and audit the use of such ,system and the data obtained through such ,system to develop compliance tools as necessary to respond to changing patterns of fraud4 7,h7 ,provide employers with additional training and other information on the proper use of such ,system1 including training related to privacy and employee rights4 7,i7 ,perform threshold evaluation of cases for referral to the ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices of the ,department of ,justice or the ,equal ,employment ,opportunity ,commission1 and other officials or agencies with responsibility for enforcing anti-discrimination1 civil rights1 privacy1 or worker protection laws1 as may be appropriate4 7,j7 ,any other compliance and monitoring activities that the ,secretary determines are necessary to ensure the functioning of such ,system4 7,k7 ,investigate identity theft and fraud detected through such ,system and undertake the necessary enforcement or referral actions4 7,l7 ,investigate use of or access to fraudulent documents and undertake the necessary enforcement actions4 7,m7 ,perform any other investigations that the ,secretary determines are necessary to ensure the lawful functioning of such ,system1 and undertake any enforcement actions necessary as a result of such investigations4 7#b7 ,the appropriations necessary to acquire1 install1 and maintain technological equipment necessary to support the functioning of such ,system and the connectivity between ,u4,s4 ,citizenship and ,immigration ,services and ,u4,s4 ,immigration and ,customs ,enforcement1 the ,department of ,justice1 and other agencies or officials with respect to the sharing of information to support such ,system and related immigration enforcement actions4 7#c7 ,the appropriations necessary to establish a robust redress process for employees who wish to appeal contested nonconfirmations to ensure the accuracy and fairness of such ,system4 7#d7 ,the appropriations necessary to provide a means by which individuals may access their own employment authorization data to ensure the accuracy of such data1 independent of an individual's employer4 7#e7 ,to carry out the identity authentication mechanisms described in section #bgd;,a7c77#a77;,f7 of the ,immigration and ,nationality ,act1 as amended by section #caja7;a74 7#f7 ,the appropriations necessary for the ,office for ,civil ,rights and ,civil ,liberties and the ,office of ,privacy of the ,department to perform the responsibilities of such ,offices related to such ,system4 7#g7 ,the appropriations necessary to make grants to ,states to support the ,states in assisting the ,federal ,government in carrying out the provisions of this title and the amendments made by this title4 7c7 ,authorization of appropriations to the ,commissioner of ,social ,security 7#a7 ,in general ,there are authorized to be appropriated to the ,commissioner of ,social ,security such sums as may be necessary to carry out the provisions of this title and the amendments made by this title4 7#b7 ,prohibition on use of ,trust ,funds ,in no case shall the ,commissioner expend funds from the ,old ,age and ,survivors ,trust ,fund or the ,disability ,trust ,fund for expenses related to administration of this title or the amendments made by this title4 7d7 ,authorization of appropriations to the ,attorney ,general ,there are authorized to be appropriated to the ,attorney ,general such sums as may be necessary to carry out the provisions of this title and the amendments made by this title1 including enforcing compliance with section #bgd;,b of the ,immigration and ,nationality ,act1 as amended by section #caje of this ,act4 7e7 ,authorization of appropriations to the ,secretary of ,state ,there are authorized to be appropriated to the ,secretary of ,state such sums as may be necessary to carry out the provisions of this title and the amendments made by this title4 #ccjb4 ,effective date ,except as otherwise specifically provided1 this title and the amendments made by this title shall take effect on the date of the enactment of this ,act4 #ccjc4 ,mandatory exit system 7a7 ,establishment ,not later than ,december #ca1 #bjae1 the ,secretary shall establish a mandatory exit data system that shall include a requirement for the collection of data from machine-readable visas1 passports1 and other travel and entry documents for all categories of aliens who are exiting from air and sea ports of entry4 7b7 ,integration and interoperability 7#a7 ,integration of data system ,the ,secretary shall fully integrate all data from databases and data systems that process or contain information on aliens1 which are maintained by-- 7,a7 the ,department1 at-- 7i7 the ,u4,s4 ,immigration and ,customs ,enforcement2 7ii7 the ,u4,s4 ,customs and ,border ,protection2 and 7iii7 the ,u4,s4 ,citizenship and ,immigration ,services2 7,b7 the ,department of ,justice1 at the ,executive ,office for ,immigration ,review2 and 7,c7 the ,department of ,state1 at the ,bureau of ,consular ,affairs4 7#b7 ,interoperable component ,the fully integrated data system under paragraph 7#a7 shall be an interoperable component of the exit data system4 7#c7 ,interoperable data system ,the ,secretary shall fully implement an interoperable electronic data system to provide current and immediate access to information in the databases of ,federal law enforcement agencies and the intelligence community that is relevant to determine-- 7,a7 whether to issue a visa2 or 7,b7 the admissibility or deportability of an alien4 7#d7 ,training ,the ,secretary shall establish ongoing training modules on immigration law to improve adjudications at ,united ,states ports of entry1 consulates1 and embassies4 #ccjd4 ,identity-theft resistant manifest information for passengers1 crew1 and non-crew onboard departing aircraft and vessels 7a7 ,definitions ,except as otherwise specifically provided1 in this section3 7#a7 ,identity-theft resistant collection location ,the term identity-theft resistant collection location means a location within an airport or seaport-- 7,a7 within the path of the departing alien1 such that the alien would not need to significantly deviate from that path to comply with exit requirements at which air or vessel carrier employees1 as applicable1 either present or routinely available if an alien needs processing assistance2 and 7,b7 which is equipped with technology that is able to securely transmit identity-theft resistant departure manifest information to the ,department4 7#b7 ,,us-,,visit ,the term ,,us-,,visit means the ,united ,states-,visitor and ,immigrant ,status ,indicator ,technology system4 7b7 ,identity theft resistant manifest information 7#a7 ,passport or visa collection requirement ,except as provided in paragraph 7c71 an appropriate official of each commercial aircraft or vessel departing from the ,united ,states to any port or place outside the ,united ,states shall ensure transmission to ,u4,s4 ,customs and ,border ,protection of identity-theft resistant departure manifest information covering alien passengers1 crew1 and non-crew4 ,such identity-theft resistant departure manifest information-- 7,a7 shall be transmitted to ,u4,s4 ,customs and ,border ,protection at the place and time specified in subparagraph 7#c7 by means approved by the ,secretary2 and 7,b7 shall set forth the information specified in paragraph 7#d7 or other information as required by the ,secretary4 7#b7 ,manner of collection ,carriers boarding alien passengers1 crew1 and non-crew subject to the requirement to provide information upon departure ,,us-,,visit processing shall collect identity-theft resistant departure manifest information from each alien at a collection location at the airport or seaport before boarding that alien on transportation for departure from the ,united ,states1 at a time close to the originally scheduled departure of that passenger's aircraft or sea vessel as practicable4 7#c7 ,time and manner of submission 7,a7 ,in general ,the appropriate official specified in paragraph 7#a7 shall ensure transmission of the identity-theft resistant departure manifest information required and collected under paragraphs 7#a7 and 7#b7 to the ,data ,center or ,headquarters ,u4,s4 ,customs and ,border ,protection1 or such other data center as may be designated4 7,b7 ,transmission ,the biometric departure information may be transmitted to the ,department over any means of communication authorized by the ,secretary for the transmission of other electronic manifest information containing personally identifiable information and under transmission standards currently applicable to other electronic manifest information4 7,c7 ,submission along with other information ,files containing the identity-theft resistant departure manifest information-- 7i7 may be sent with other electronic manifest data prior to departure or may be sent separately from any topically related electronic manifest data2 and 7ii7 may be sent in batch mode4 7#d7 ,information required ,the identity-theft resistant departure information required under paragraphs 7#a7 through 7#c7 for each covered passenger or crew member shall contain alien data from machine-readable visas1 passports1 and other travel and entry documents issued to the alien4 7c7 ,exception ,the identity-theft resistant departure manifest information specified in this section is not required for any alien active duty military personnel traveling as passengers on board a departing ,department of ,defense commercial chartered aircraft4 7d7 ,carrier maintenance and use of identity-theft resistant departure manifest information ,carrier use of identity-theft resistant departure manifest information for purposes other than as described in standards set by the ,secretary is prohibited4 ,carriers shall immediately notify the ,chief ,privacy ,officer of the ,department in writing in event of unauthorized use or access1 or breach1 of identity-theft resistant departure manifest information4 7e7 ,collection at specified location ,if the ,secretary determines that an air or vessel carrier has not adequately complied with the provisions of this section1 the ,secretary may1 in the ,secretary's discretion1 require the air or vessel carrier to collect identity-theft resistant departure manifest information at a specific location prior to the issuance of a boarding pass or other document on the international departure1 or the boarding of crew1 in any port through which the carrier boards aliens for international departure under the supervision of the ,secretary for such period as the ,secretary considers appropriate to ensure the adequate collection and transmission of biometric departure manifest information4 7f7 ,funding ,there shall be appropriated to the ,interior ,enforcement ,account #ejj1jjj1jjj to reimburse carriers for their reasonable actual expenses in carrying out their duties as described in this section4 7g7 ,determination of budgetary effects 7#a7 ,emergency designation for congressional enforcement ,in the ,senate1 amounts made available under this section are designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4 7#b7 ,emergency designation for statutory paygo ,amounts made available under this section are designated as an emergency requirement under section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7,public ,law #aaa-aci2 #b ,u4,s4,c4 #icc7;g774 #ccje4 ,profiling 7a7 ,prohibition ,in making routine or spontaneous law enforcement decisions1 such as ordinary traffic stops1 ,federal law enforcement officers may not use race or ethnicity to any degree1 except that officers may rely on race and ethnicity if a specific suspect description exists4 7b7 ,exceptions 7#a7 ,in conducting activities in connection with a specific investigation1 ,federal law enforcement officers may consider race and ethnicity only to the extent that there is trustworthy information1 relevant to the locality or time frame1 that links persons of a particular race or ethnicity to an identified criminal incident1 scheme1 or organization4 ,this standard applies even where the use of race or ethnicity might otherwise be lawful4 7#b7 ,in investigating or preventing threats to national security or other catastrophic events 7including the performance of duties related to air transportation security71 or in enforcing laws protecting the integrity of the ,nation's borders1 ,federal law enforcement officers may not consider race or ethnicity except to the extent permitted by the ,constitution and laws of the ,united ,states4 7#c7 ,defined term ,in this section1 the term ,federal law enforcement officer means any officer1 agent1 or employee of the ,united ,states authorized by law or by a ,government agency to engage in or supervise the prevention1 detection1 investigation1 or prosecution of any violation of ,federal law4 7b7 ,study and regulations 7#a7 ,data collection ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall begin collecting data regarding the individualized immigration enforcement activities of covered ,department of ,homeland ,security officers4 7#b7 ,study ,not later than #ahj days after data collection under paragraph 7#a7 commences1 the ,secretary shall complete a study analyzing the data4 7#c7 ,regulations ,not later than #ij days after the date the study required by paragraph 7#b7 is completed1 the ,secretary1 in consultation with the ,attorney ,general1 shall issue regulations regarding the use of race1 ethnicity1 and any other suspect classifications the ,secretary deems appropriate by covered ,department of ,homeland ,security officers4 7#d7 ,reports ,not later than #cj days after completion of the study required by paragraph 7#b71 the ,secretary shall submit the study to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,c7 the ,committee on ,appropriations of the ,senate2 7,d7 the ,committee on ,appropriations of the ,house of ,representatives2 7,e7 the ,committee on the ,judiciary of the ,senate2 and 7,f7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#e7 ,defined term ,in this subsection1 the term covered ,department of ,homeland ,security officer means any officer1 agent1 or employee of ,united ,states ,customs and ,border ,protection1 ,united ,states ,immigration and ,customs ,enforcement1 or the ,transportation ,security ,administration4 ,d ,asylum and refugee provisions #cdja4 ,time limits and efficient adjudication of genuine asylum claims ,section #bjh7;a77#b7 7#h ,u4,s4,c4 #aaeh7;a77#b77 is amended-- 7#a7 in subparagraph 7,a71 by inserting or the ,secretary of ,homeland ,security after ,attorney ,general both places such term appears2 7#b7 by striking subparagraphs 7,b7 and 7,d72 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 7#d7 in subparagraph 7,b71 as redesignated1 by striking subparagraph 7,d7 and inserting subparagraphs 7,c7 and 7,d72 and 7#e7 by inserting after subparagraph 7,b71 as redesignated1 the following3 7,c7 ,changed circumstances ,notwithstanding subparagraph 7,b71 an application for asylum of an alien may be considered if the alien demonstrates1 to the satisfaction of the ,attorney ,general or the ,secretary of ,homeland ,security1 the existence of changed circumstances that materially affect the applicant's eligibility for asylum4 7,d7 ,motion to reopen certain meritorious claims ,notwithstanding subparagraph 7,b7 or section #bdj7;c77#g71 an alien may file a motion to reopen an asylum claim during the #b-year period beginning on the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act if the alien-- 7i7 was denied asylum based solely upon a failure to meet the #a-year application filing deadline in effect on the date on which the application was filed2 7ii7 was granted withholding of removal pursuant to section #bda7;b77#c7 and has not obtained lawful permanent residence in the ,united ,states pursuant to any other provision of law2 7iii7 is not subject to the safe third country exception in subsection 7a77#b77;,a7 or a bar to asylum under subsection 7b77#b7 and should not be denied asylum as a matter of discretion2 and 7iv7 is physically present in the ,united ,states when the motion is filed4 4 #cdjb4 ,refugee family protections 7a7 ,children of refugee or asylee spouses and children ,a child of an alien who qualifies for admission as a spouse or child under section #bjg7;c77#b77;,a7 or #bjh7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7;c77#b77;,a7 and #aaeh7;b77#c77 shall be entitled to the same admission status as such alien if the child-- 7#a7 is accompanying or following to join such alien2 and 7#b7 is otherwise eligible under section #bjg7;c77#b77;,a7 or #bjh7;b77#c7 of the ,immigration and ,nationality ,act4 #cdjc4 ,clarification on designation of certain refugees ,section #bjg7;c77#a7 7#h ,u4,s4,c4 #aaeg7;c77#a77 is amended-- 7#a7 by inserting 7,a7 before ,subject to the numerical limitations2 and 7#b7 by adding at the end the following3 7,b7 7i7 ,the ,president1 upon a recommendation of the ,secretary of ,state made in consultation with the ,secretary of ,homeland ,security1 and after appropriate consultation1 may designate specifically defined groups of aliens-- 7,i7 whose resettlement in the ,united ,states is justified by humanitarian concerns or is otherwise in the national interest2 and 7,,ii7 who-- 7aa7 share common characteristics that identify them as targets of persecution on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 or 7bb7 having been identified as targets as described in item 7aa71 share a common need for resettlement due to a specific vulnerability4 7ii7 ,an alien who establishes membership in a group designated under clause 7i7 to the satisfaction of the ,secretary of ,homeland ,security shall be considered a refugee for purposes of admission as a refugee under this section unless the ,secretary determines that such alien ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion4 7iii7 ,a designation under clause 7i7 is for purposes of adjudicatory efficiency and may be revoked by the ,president at any time after notification to ,congress4 7iv7 ,categories of aliens established under section #eii;,d of the ,foreign ,operations1 ,export ,financing1 and ,related ,programs ,appropriations ,act1 #aiij 7,public ,law #aja-afg2 #h ,u4,s4,c4 #aaeg note7-- 7,i7 shall be designated under clause 7i7 until the end of the first fiscal year commencing after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 and 7,,ii7 shall be eligible for designation thereafter at the discretion of the ,president1 considering1 among other factors1 whether a country under consideration has been designated by the ,secretary of ,state as a ,country of ,particular ,concern for engaging in or tolerating systematic1 ongoing1 and egregious violations of religious freedom4 7v7 ,a designation under clause 7i7 shall not influence decisions to grant1 to any alien1 asylum under section #bjh1 protection under section #bda7;b77#c71 or protection under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd4 7vi7 ,a decision to deny admission under this section to an alien who establishes to the satisfaction of the ,secretary that the alien is a member of a group designated under clause 7i7 shall-- 7,i7 be in writing2 and 7,,ii7 state1 to the maximum extent feasible1 the reason for the denial4 7vii7 ,refugees admitted pursuant to a designation under clause 7i7 shall be subject to the number of admissions under this section4 4 #cdjd4 ,asylum determination efficiency ,section #bce7;b77#a77;,b77ii7 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77ii77 is amended-- 7#a7 by striking asylum4 and inserting asylum by an asylum officer4 ,the asylum officer1 after conducting a nonadversarial asylum interview and seeking supervisory review1 may grant asylum to the alien under section #bjh or refer the case to a designee of the ,attorney ,general1 for a de novo asylum determination1 for relief under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd1 or for protection under section #bda7;b77#c744 #cdje4 ,stateless persons in the ,united ,states 7a7 ,in general ,chapter #a of title ,,ii 7#h ,u4,s4,c4 #aaea et seq47 is amended by adding at the end the following3 #baj;,a4 ,protection of certain stateless persons in the ,united ,states 7a7 ,stateless persons 7#a7 ,in general ,in this section1 the term stateless person means an individual who is not considered a national under the operation of the laws of any country4 7#b7 ,designation of specific stateless groups ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may1 in the discretion of the ,secretary1 designate specific groups of individuals who are considered stateless persons1 for purposes of this section4 7b7 ,status of stateless persons 7#a7 ,relief for certain individuals determined to be stateless persons ,the ,secretary of ,homeland ,security or the ,attorney ,general may1 in his or her discretion1 provide conditional lawful status to an alien who is otherwise inadmissible or deportable from the ,united ,states if the alien-- 7,a7 is a stateless person present in the ,united ,states2 7,b7 applies for such relief2 7,c7 has not lost his or her nationality as a result of his or her voluntary action or knowing inaction after arrival in the ,united ,states2 7,d7 except as provided in paragraphs 7#b7 and 7#c71 is not inadmissible under section #bab7;a72 and 7,e7 is not described in section #bda7;b77#c77;,b77i74 7#b7 ,inapplicability of certain provisions ,the provisions under paragraphs 7#d71 7#e71 7#g71 and 7#i77;,b7 of section #bab7;a7 shall not apply to any alien seeking relief under paragraph 7#a74 7#c7 ,waiver ,the ,secretary or the ,attorney ,general may waive any other provisions of such section1 other than subparagraphs 7,b71 7,c71 7,d77ii71 7,e71 7,g71 7,h71 or 7,i7 of paragraph 7#b71 paragraph 7#c71 paragraph 7#f77;,c77i7 7with respect to misrepresentations relating to the application for relief under paragraph 7#a771 or subparagraphs 7,a71 7,c71 7,d71 or 7,e7 of paragraph 7#aj7 of section #bab7;a71 with respect to such an alien for humanitarian purposes1 to assure family unity1 or if it is otherwise in the public interest4 7#d7 ,submission of passport or travel document ,any alien who seeks relief under this section shall submit to the ,secretary of ,homeland ,security or the ,attorney ,general-- 7,a7 any available passport or travel document issued at any time to the alien 7whether or not the passport or document has expired or been cancelled1 rescinded1 or revoked72 or 7,b7 an affidavit1 sworn under penalty of perjury-- 7i7 stating that the alien has never been issued a passport or travel document2 or 7ii7 identifying with particularity any such passport or travel document and explaining why the alien cannot submit it4 7#e7 ,work authorization ,the ,secretary of ,homeland ,security may authorize an alien who has applied for and is found prima facie eligible for or been granted relief under paragraph 7#a7 to engage in employment in the ,united ,states4 7#f7 ,travel documents ,the ,secretary may issue appropriate travel documents to an alien who has been granted relief under paragraph 7#a7 that would allow him or her to travel abroad and be admitted to the ,united ,states upon return1 if otherwise admissible4 7#g7 ,treatment of spouse and children ,the spouse or child of an alien who has been granted conditional lawful status under paragraph 7#a7 shall1 if not otherwise eligible for admission under paragraph 7#a71 be granted conditional lawful status under this section if accompanying1 or following to join1 such alien if-- 7,a7 the spouse or child is admissible 7except as otherwise provided in paragraphs 7#b7 and 7#c77 and is not described in section #bda7;b77#c77;,b77i72 and 7,b7 the qualifying relationship to the principal beneficiary existed on the date on which such alien was granted conditional lawful status4 7c7 ,adjustment of status 7#a7 ,inspection and examination ,at the end of the #a-year period beginning on the date on which an alien has been granted conditional lawful status under subsection 7b71 the alien may apply for lawful permanent residence in the ,united ,states if-- 7,a7 the alien has been physically present in the ,united ,states for at least #a year2 7,b7 the alien's conditional lawful status has not been terminated by the ,secretary of ,homeland ,security or the ,attorney ,general1 pursuant to such regulations as the ,secretary or the ,attorney ,general may prescribe2 and 7,c7 the alien has not otherwise acquired permanent resident status4 7#b7 ,requirements for adjustment of status ,the ,secretary of ,homeland ,security or the ,attorney ,general1 under such regulations as the ,secretary or the ,attorney ,general may prescribe1 may adjust the status of an alien granted conditional lawful status under subsection 7b7 to that of an alien lawfully admitted for permanent residence if such alien-- 7,a7 is a stateless person2 7,b7 properly applies for such adjustment of status2 7,c7 has been physically present in the ,united ,states for at least #a year after being granted conditional lawful status under subsection 7b72 7,d7 is not firmly resettled in any foreign country2 and 7,e7 is admissible 7except as otherwise provided under paragraph 7#b7 or 7#c7 of subsection 7b77 as an immigrant under this chapter at the time of examination of such alien for adjustment of status4 7#c7 ,record ,upon approval of an application under this subsection1 the ,secretary of ,homeland ,security or the ,attorney ,general shall establish a record of the alien's admission for lawful permanent residence as of the date that is #a year before the date of such approval4 7#d7 ,numerical limitation ,the number of aliens who may receive an adjustment of status under this section for a fiscal year shall be subject to the numerical limitation of section #bjc7;b77#d74 7d7 ,proving the claim ,in determining an alien's eligibility for lawful conditional status or adjustment of status under this subsection1 the ,secretary of ,homeland ,security or the ,attorney ,general shall consider any credible evidence relevant to the application4 ,the determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the ,secretary or the ,attorney ,general4 7e7 ,review 7#a7 ,administrative review ,no appeal shall lie from the denial of an application by the ,secretary1 but such denial will be without prejudice to the alien's right to renew the application in proceedings under section #bdj4 7#b7 ,motions to reopen ,notwithstanding any limitation imposed by law on motions to reopen removal1 deportation1 or exclusion proceedings1 any individual who is eligible for relief under this section may file a motion to reopen proceedings in order to apply for relief under this section4 ,any such motion shall be filed within #b years of the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7f7 ,limitation 7#a7 ,applicability ,the provisions of this section shall only apply to aliens present in the ,united ,states4 7#b7 ,savings provision ,nothing in this section may be construed to authorize or require-- 7,a7 the admission of any alien to the ,united ,states2 7,b7 the parole of any alien into the ,united ,states2 or 7,c7 the grant of any motion to reopen or reconsider filed by an alien after departure or removal from the ,united ,states4 4 7b7 ,judicial review ,section #bdb7;a77#b77;,b77ii7 7#h ,u4,s4,c4 #abeb7;a77#b77;,b77ii77 is amended by striking #bjh7;a74 and inserting #bjh7;a7 or #baj;,a44 7c7 ,conforming amendment ,section #bjc7;b77#d7 7#h ,u4,s4,c4 #aaec7;b77#d77 is amended by inserting to aliens granted an adjustment of status under section #baj;,a7c7 or after level14 7d7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #baj the following3 ,sec4 #baj;,a4 ,protection of stateless persons in the ,united ,states4 4 #cdjf4 ,u visa accessibility ,section #bad7p77#b77;,a7 7#h ,u4,s4,c4 #aahd7p77#b77;,a77 is amended by striking #aj1jjj4 and inserting #ah1jjj1 of which not more than #c1jjj visas may be issued for aliens who are victims of a covered violation described in section #aja7;a77#ae77,u744 #cdjg4 ,representation at overseas refugee interviews ,section #bjg7;c7 7#h ,u4,s4,c4 #aaeg7;c77 is amended by adding at the end the following3 7#e7 ,the adjudicator of an application for refugee status under this section shall consider all relevant evidence and maintain a record of the evidence considered4 7#f7 ,an applicant for refugee status may be represented1 including at a refugee interview1 at no expense to the ,government1 by an attorney or accredited representative who-- 7,a7 was chosen by the applicant2 and 7,b7 is authorized by the ,secretary of ,homeland ,security to be recognized as the representative of such applicant in an adjudication under this section4 7#g7 7,a7 ,a decision to deny an application for refugee status under this section-- 7i7 shall be in writing2 and 7ii7 shall provide1 to the maximum extent feasible1 information on the reason for the denial1 including-- 7,i7 the facts underlying the determination2 and 7,,ii7 whether there is a waiver of inadmissibility available to the applicant4 7,b7 ,the basis of any negative credibility finding shall be part of the written decision4 7#h7 7,a7 ,an applicant who is denied refugee status under this section may file a request with the ,secretary for a review of his or her application not later than #abj days after such denial4 7,b7 ,a request filed under subparagraph 7,a7 shall be adjudicated by refugee officers who have received training on considering requests for review of refugee applications that have been denied4 7,c7 ,the ,secretary shall publish the standard applied to a request for review4 7,d7 ,a request for review may result in the decision being granted1 denied1 or reopened for a further interview4 7,e7 ,a decision on a request for review under this paragraph-- 7i7 shall be in writing2 and 7ii7 shall provide1 to the maximum extent feasible1 information on the reason for the denial4 4 ,e ,shortage of immigration court resources for removal proceedings #ceja4 ,shortage of immigration court personnel for removal proceedings 7a7 ,immigration court judges ,the ,attorney ,general shall increase the total number of immigration judges to adjudicate current pending cases and efficiently process future cases by at least-- 7#a7 #ge in fiscal year #bjad2 7#b7 #ge in fiscal year #bjae2 and 7#c7 #ge in fiscal year #bjaf4 7b7 ,necessary support staff for immigration court judges ,the ,attorney ,general shall address the shortage of support staff for immigration judges by ensuring that each immigration judge has the assistance of the necessary support staff1 including the equivalent of #a staff attorney or law clerk and #a legal assistant4 7c7 ,annual increases in board of immigration appeals personnel ,the ,attorney ,general shall increase the number of ,board of ,immigration ,appeals staff attorneys 7including the necessary additional support staff7 to efficiently process cases by at least-- 7#a7 #cj in fiscal year #bjad2 7#b7 #cj in fiscal year #bjae2 and 7#c7 #cj in fiscal year #bjaf4 7d7 ,funding ,there shall be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section4 #cejb4 ,improving immigration court efficiency and reducing costs by increasing access to legal information 7a7 ,clarification regarding the authority of the attorney general to appoint counsel to aliens in immigration proceedings ,section #bib 7#h ,u4,s4,c4 #acfb7 is amended-- 7#a7 by inserting 7a7 before ,in any2 7#b7 by striking 7at no expense to the ,government72 7#c7 by striking he shall and inserting the person shall2 and 7#d7 by adding at the end the following3 7b7 ,the ,government is not required to provide counsel to aliens under subsection 7a74 ,however1 the ,attorney ,general may1 in the ,attorney ,general's sole and unreviewable discretion1 appoint or provide counsel to aliens in immigration proceedings conducted under section #bdj of this ,act4 4 7b7 ,appointment of counsel in certain cases ,section #bdj7;b77#d7 7#h ,u4,s4,c4 #abbi;a7b77#d77 is amended-- 7#a7 in subparagraph 7,a71 by striking 1 at no expense to the ,government12 and 7#b7 by adding at the end the following3 ,the ,government is not required to provide counsel to aliens under this paragraph4 ,however1 the ,attorney ,general may1 in the ,attorney ,general's sole and unreviewable discretion1 appoint or provide counsel at government expense to aliens in immigration proceedings44 7c7 ,appointment of counsel for unaccompanied alien children and aliens with a serious mental disability ,section #bib 7#h ,u4,s4,c4 #acfb71 as amended by subsection 7a71 is further amended by adding at the end the following3 7c7 ,notwithstanding subsection 7b71 the ,attorney ,general shall appoint counsel1 at the expense of the ,government1 if necessary1 to represent an alien in a removal proceeding who has been determined by the ,secretary to be an unaccompanied alien child1 is incompetent to represent himself or herself due to a serious mental disability that would be included in section #c7b7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb7b771 or is considered particularly vulnerable when compared to other aliens in removal proceedings1 such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings4 4 7d7 ,funding ,there shall be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section and the amendments made by this section4 #cejc4 ,office of ,legal ,access ,programs 7a7 ,establishment of ,office of ,legal ,access ,programs ,the ,attorney ,general shall establish within the ,executive ,office for ,immigration ,review an ,office of ,legal ,access ,programs to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost effective by educating aliens regarding administrative procedures and legal rights under ,united ,states immigration law and to establish other programs to assist in providing aliens access to legal information4 7b7 ,legal orientation programs ,the legal orientation programs-- 7#a7 shall provide programs to assist detained aliens in making informed and timely decisions regarding their removal and eligibility for relief from removal in order to increase efficiency and reduce costs in immigration proceedings and ,federal custody processes and to improve access to counsel and other legal services2 7#b7 may provide services to detained aliens in immigration proceedings under sections #bce1 #bch1 #bdj1 and #bda7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe1 #abbh1 #abbi;a1 and #abca7;a77#e77 and to other aliens in immigration and asylum proceedings under sections #bce1 #bch1 and #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe1 #abbh1 and #abbi;a72 and 7#c7 shall identify unaccompanied alien children1 aliens with a serious mental disability1 and other particularly vulnerable aliens for consideration by the ,attorney ,general pursuant to section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by section #cejb7;c74 7c7 ,procedures ,the ,secretary shall establish procedures that ensure that legal orientation programs are available for all detained aliens within #e days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings1 their rights relating to those hearings under the immigration laws1 information that may deter such aliens from filing frivolous legal claims1 and any other information deemed appropriate by the ,attorney ,general1 such as a contact list of potential legal resources and providers4 7d7 ,rule of construction ,nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the ,united ,states or its agencies or officers or any other person4 7e7 ,funding ,there shall be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section4 #cejd4 ,codifying ,board of ,immigration ,appeals 7a7 ,definition of board member ,section #aja7;a7 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 ,the term ,board ,member means an attorney whom the ,attorney ,general appoints as an administrative judge within the ,executive ,office for ,immigration ,review to serve on the ,board of ,immigration ,appeals1 qualified to review decisions of immigration judges and other matters within the jurisdiction of the ,board of ,immigration ,appeals4 4 7b7 ,board of ,immigration ,appeals ,section #bdj7;a77#a7 7#h ,u4,s4,c4 #abbi;a7a77#a77 is amended by adding at the end the following3 ,the ,board of ,immigration ,appeals and its ,board ,members shall review decisions of immigration judges under this section44 7c7 ,appeals ,section #bdj7;b77#d7 7#h ,u4,s4,c4 #abbi;a7b77#d771 as amended by section #cejb7;b71 is further amended-- 7#a7 in subparagraph 7,b71 by striking 1 and and inserting a semicolon2 7#b7 in subparagraph 7,c71 by striking the period and inserting 2 and2 and 7#c7 by inserting after subparagraph 7,c7 the following3 7,d7 the alien may appeal the immigration judge's decision to a #c-;judge panel of the ,board of ,immigration ,appeals4 4 7d7 ,decision and burden of proof ,section #bdj7;c77#a77;,a7 7#h ,u4,s4,c4 #abbi;a7c77#a77;,a77 is amended to read as follows3 7,a7 ,in general ,at the conclusion of the proceeding1 the immigration judge shall decide whether an alien is removable from the ,united ,states4 ,the determination of the immigration judge shall be based only on the evidence produced at the hearing4 ,on appeal1 the ,board of ,immigration ,appeals shall issue a written opinion4 ,the opinion shall address all dispositive arguments raised by the parties4 ,the panel may incorporate by reference the opinion of the immigration judge whose decision is being reviewed1 provided that the panel also addresses any arguments made by the nonprevailing party regarding purported errors of law1 fact1 or discretion4 4 #ceje4 ,improved training for immigration judges and ,board ,members 7a7 ,in general ,section #bdj 7#h ,u4,s4,c4 #abbi;a7 is amended by adding at the end the following3 7f7 ,improved training 7#a7 ,improved training for immigration judges and board members 7,a7 ,in general ,in consultation with the ,attorney ,general and the ,director of the ,federal ,judicial ,center1 the ,director of the ,executive ,office for ,immigration ,review shall review and modify1 as appropriate1 training programs for immigration judges and ,board ,members4 7,b7 ,elements of review ,each such review shall study-- 7i7 the expansion of the training program for new immigration judges and ,board ,members2 7ii7 continuing education regarding current developments in the field of immigration law2 and 7iii7 methods to ensure that immigration judges are trained on properly crafting and dictating decisions4 7#b7 ,improved training and guidance for staff ,the ,director of the ,executive ,office for ,immigration ,review shall-- 7,a7 modify guidance and training regarding screening standards and standards of review2 and 7,b7 ensure that ,board ,members provide staff attorneys with appropriate guidance in drafting decisions in individual cases1 consistent with the policies and directives of the ,director of the ,executive ,office for ,immigration ,review and the ,chairman of the ,board of ,immigration ,appeals4 4 7b7 ,funding ,there shall be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section and the amendment made by this section4 #cejf4 ,improved resources and technology for immigration courts and ,board of ,immigration ,appeals 7a7 ,improved on-bench reference materials and decision templates ,the ,director of the ,executive ,office for ,immigration ,review shall ensure that immigration judges are provided with updated reference materials and standard decision templates that conform to the law of the circuits in which they sit4 7b7 ,practice manual ,the ,director of the ,executive ,office for ,immigration ,review shall produce a practice manual describing best practices for the immigration courts and shall make such manual available electronically to counsel and litigants who appear before the immigration courts4 7c7 ,recording system and other technologies 7#a7 ,plan required ,the ,director of the ,executive ,office for ,immigration ,review shall provide the ,attorney ,general with a plan and a schedule to replace the immigration courts' tape recording system with a digital recording system that is compatible with the information management systems of the ,executive ,office for ,immigration ,review4 7#b7 ,audio recording system ,consistent with the plan described in paragraph 7#a71 the ,director shall pilot a digital audio recording system not later than #a year after the enactment of this ,act1 and shall begin nationwide implementation of that system as soon as practicable4 7d7 ,improved transcription services ,not later than #a year after the enactment of this ,act1 the ,director of the ,executive ,office for ,immigration ,review shall report to the ,attorney ,general on the current transcription services utilized by the ,office and recommend improvements to this system regarding quality and timeliness of transcription4 7e7 ,improved interpreter selection ,not later than #a year after the enactment of this ,act1 the ,director of the ,executive ,office for ,immigration ,review shall report to the ,attorney ,general on the current interpreter selection process utilized by the ,office and recommend improvements to this process regarding screening1 hiring1 certification1 and evaluation of staff and contract interpreters4 7f7 ,funding ,there shall be appropriated1 from the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f7;a77#a71 such sums as may be necessary to carry out this section4 ,f ,prevention of trafficking in persons and abuses involving workers recruited abroad #cfja4 ,definitions 7a7 ,in general ,except as otherwise provided by this subtitle1 the terms used in this subtitle shall have the same meanings1 respectively1 as are given those terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7b7 ,other definitions 7#a7 ,foreign labor contractor ,the term foreign labor contractor means any person who performs any foreign labor contracting activity1 including any person who performs foreign labor contracting activity wholly outside of the ,united ,states1 except that the term does not include any entity of the ,united ,states ,government4 7#b7 ,foreign labor contracting activity ,the term foreign labor contracting activity means recruiting1 soliciting1 hiring1 employing1 sponsoring1 managing1 furnishing1 processing visa applications for1 transporting1 or housing an individual who resides outside of the ,united ,states in furtherance of employment in the ,united ,states1 including when such activity occurs wholly outside of the ,united ,states4 7#c7 ,person ,the term person means any natural person or any corporation1 company1 firm1 partnership1 joint stock company or association or other organization or entity 7whether organized under law or not71 including municipal corporations4 7#d7 ,secretary ,the term the ,secretary means the ,secretary of ,labor4 7#e7 ,worker the term worker means an individual or exchange visitor who is the subject of foreign labor contracting activity4 #cfjb4 ,disclosure 7a7 ,requirement for disclosure ,any person who engages in foreign labor contracting activity shall ascertain and disclose in writing in ,english and in the primary language of the worker at the time of the worker's recruitment1 the following information3 7#a7 ,the identity and address of the employer and the identity and address of the person conducting the recruiting on behalf of the employer1 including any subcontractor or agent involved in such recruiting4 7#b7 ,all assurances and terms and conditions of employment1 from the prospective employer for whom the worker is being recruited1 including the work hours1 level of compensation to be paid1 the place and period of employment1 a description of the type and nature of employment activities1 any withholdings or deductions from compensation and any penalties for terminating employment4 7#c7 ,a signed copy of the work contract between the worker and the employer4 7#d7 ,the type of visa under which the foreign worker is to be employed1 the length of time for which the visa will be valid and the terms and conditions under which this visa will be renewed with a clear statement of whether the employer will secure renewal of this visa or if renewal must be obtained by the worker and any expenses associated with securing or renewing the visa4 7#e7 ,an itemized list of any costs or expenses to be charged to the worker and any deductions to be taken from wages1 including any costs for housing or accommodation1 transportation to and from the worksite1 meals1 health insurance1 workers' compensation1 costs of benefits provided1 medical examinations1 healthcare1 tools1 or safety equipment costs4 7#f7 ,the existence of any labor organizing effort1 strike1 lockout1 or other labor dispute at the place of employment4 7#g7 ,whether and the extent to which workers will be compensated through workers' compensation1 private insurance1 or otherwise for injuries or death1 including work related injuries and death1 during the period of employment and1 if so1 the name of the ,state workers' compensation insurance carrier or the name of the policyholder of the private insurance1 the name and the telephone number of each person who must be notified of an injury or death1 and the time period within which such notice must be given4 7#h7 ,a statement1 in a form specified by the ,secretary-- 7,a7 stating that-- 7i7 no foreign labor contractor1 agent1 or employee of a foreign labor contractor1 may lawfully assess any fee 7including visa fees1 processing fees1 transportation fees1 legal expenses1 placement fees1 and other costs7 to a worker for any foreign labor contracting activity2 and 7ii7 the employer may bear such costs or fees for the foreign labor contractor1 but that these fees cannot be passed along to the worker2 and 7,b7 explaining that-- 7i7 no additional requirements or changes may be made from the terms of the contract originally signed by the worker unless the worker is provided at least #dh hours to review and consider the additional requirements or changes2 7ii7 no such additional requirements or changes may be made to the original contract signed by the worker without the specific consent of the worker to each such additional requirement or change2 and 7iii7 such consent shall be obtained voluntarily and without threat of penalty and if not so obtained will be a violation of law subject to the provisions of section #cfaa2 7,c7 describing the protections afforded the worker by this section and by section #bjb of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #acge;b7 and any applicable visa program1 including-- 7i7 relevant information about the procedure for filing a complaint provided for in section #cfaa and 7ii7 the telephone number for the national human trafficking resource center hotline number4 7#i7 ,any education or training to be provided or required1 including the nature1 timing and cost of such training and the person who will pay such costs1 whether the training is a condition of employment1 continued employment1 or future employment2 and whether the worker will be paid or remunerated during the training period1 including the rate of pay4 7#aj7 ,any other information that the ,secretary may require by regulation4 7b7 ,relationship to labor and employment laws ,nothing in the disclosure required by subsection 7a7 shall constitute a legal conclusion as to the worker's status or rights under the labor and employment laws4 7c7 ,prohibition on false and misleading information ,no foreign labor contractor or employer who engages in any foreign labor contracting activity shall knowingly provide materially false or misleading information to any worker concerning any matter required to be disclosed under section 7a74 ,the disclosure required by this section is a document concerning the proper administration of a matter within the jurisdiction of a department or agency of the ,united ,states for the purposes of section #aeai of title #ah1 ,united ,states ,code4 #cfjc4 ,prohibition on discrimination 7a7 ,in general ,it shall be unlawful for an employer or a foreign labor contractor to fail or refuse to hire1 discharge1 intimidate1 threaten1 restrain1 coerce1 or blacklist any individual or otherwise discriminate against an individual with respect to compensation1 terms1 conditions1 or privileges of employment1 because of such individual's race1 color1 creed1 sex1 national origin1 religion1 age1 or disability4 7b7 ,determinations of discrimination ,for the purposes of determining the existence of unlawful discrimination under subsection 7a7-- 7#a7 in the case of a claim of discrimination based on race1 color1 creed1 sex1 national origin1 or religion1 the same legal standards shall apply as are applicable under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7#b7 in the case of a claim of discrimination based on unlawful discrimination based on age1 the same legal standards shall apply as are applicable under the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 and 7#c7 in the case of a claim of discrimination based on disability1 the same legal standards shall apply as are applicable under title ,i of the ,americans ,with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq474 #cfjd4 ,recruitment fees ,no employer1 foreign labor contractor1 or agent or employee of a foreign labor contractor1 shall assess any fee 7including visa fees1 processing fees1 transportation fees1 legal expenses1 placement fees1 and other costs7 to a worker for any foreign labor contracting activity4 #cfje4 ,registration 7a7 ,requirement to register 7#a7 ,in general ,subject to paragraph 7#b71 prior to engaging in any foreign labor contracting activity1 any person who is a foreign labor contractor or who1 for any money or other valuable consideration paid or promised to be paid1 performs a foreign labor contracting activity on behalf of a foreign labor contractor1 shall obtain a certificate of registration from the ,secretary of ,labor pursuant to regulations promulgated by the ,secretary under subsection 7c74 7#b7 ,exception for certain employers ,an employer1 or employee of an employer1 who engages in foreign labor contracting activity solely to find employees for that employer's own use1 and without the participation of any other foreign labor contractor1 shall not be required to register under this section4 ,notwithstanding the preceding sentence1 such an employer shall be subject to the requirements of subsections 7a7 and 7c7 of section #cfjb and sections #cfjc and #cfjd and shall be subject to the remedies under section #cfaj for all violations stemming from the employer's own foreign labor contracting activity4 7b7 ,notification 7#a7 ,annual employer notification ,each employer shall notify the ,secretary1 not less frequently than once every year1 of the identity of any foreign labor contractor involved in any foreign labor contracting activity for1 or on behalf of1 the employer1 including at a minimum1 the name and address of the foreign labor contractor and a description of the services4 7#b7 ,annual foreign labor contractor notification ,each foreign labor contractor shall notify the ,secretary1 not less frequently than once every year1 of the identity of any subcontractee1 agent1 or foreign labor contractor employee involved in any foreign labor contracting activity for1 or on behalf of1 the foreign labor contractor4 7#c7 ,noncompliance notification ,an employer shall notify the ,secretary of the identity of a foreign labor contractor whose activities do not comply with this subtitle4 7#d7 ,agreement ,not later than #dh hours after receiving a request from the ,secretary1 an employer shall provide the ,secretary with the identity of any foreign labor contractor with which the employer has a contract or other agreement4 7c7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to establish an efficient electronic process for the timely investigation and approval of an application for a certificate of registration of foreign labor contractors1 including-- 7#a7 a declaration1 subscribed and sworn to by the applicant1 stating the applicant's permanent place of residence1 the foreign labor contracting activities for which the certificate is requested1 and such other relevant information as the ,secretary may require2 7#b7 a set of fingerprints of the applicant2 7#c7 an expeditious means to update registrations and renew certificates2 7#d7 providing for the consent of any foreign labor recruiter to the designation by a court of the ,secretary as an agent available to accept service of summons in any action against the applicant1 if the applicant has left the jurisdiction in which the action is commenced1 otherwise has become unavailable to accept service or is subject to personal jurisdiction in no ,state2 7#e7 providing for the consent of any foreign labor recruiter to jurisdiction in the ,department of ,labor or any state or ,federal court of the ,united ,states for any action brought by any aggrieved individual or worker2 7#f7 providing for cooperation in any investigation by the ,secretary or other appropriate authorities2 7#g7 providing for consent to the forfeiture of the bond for failure to cooperate with these provisions2 7#h7 providing for consent to be liable for violations of this subtitle by any agents or subcontractees of any level in relation to the foreign labor contracting activity of the agent or subcontractee to the same extent as if the foreign labor contractor had committed the violation2 7#i7 providing for consultation with other appropriate ,federal agencies to determine whether any reason exists to deny registration to a foreign labor contractor2 and 7#aj7 any other requirements that the ,secretary may prescribe4 7d7 ,term of registration ,unless suspended or revoked1 a certificate under this section shall be valid for #b years4 7e7 ,application fee 7#a7 ,requirement for fee ,in addition to any other fees authorized by law1 the ,secretary shall impose a fee1 to be deposited in the general fund of the ,treasury1 on a foreign labor contractor that submits an application for a certificate of registration under this section4 7#b7 ,amount of fee ,the amount of the fee required by paragraph 7#a7 shall be set at a level that the ,secretary determines sufficient to cover the full costs of carrying out foreign labor contract registration activities under this subtitle1 including worker education and any additional costs associated with the administration of the fees collected4 7f7 ,refusal to issue2 revocation ,in accordance with regulations promulgated by the ,secretary1 the ,secretary shall refuse to issue or renew1 or shall revoke and debar from eligibility to obtain a certificate of registration for a period of not greater than #e years1 after notice and an opportunity for a hearing1 a certificate of registration under this section if-- 7#a7 the applicant for1 or holder of1 the certification has knowingly made a material misrepresentation in the application for such certificate2 7#b7 the applicant for1 or holder of1 the certification is not the real party in interest in the application or certificate of registration and the real party in interest-- 7,a7 is a person who has been refused issuance or renewal of a certificate2 7,b7 has had a certificate revoked2 or 7,c7 does not qualify for a certificate under this section2 7#c7 the applicant for1 or holder of1 the certification has been convicted within the preceding #e years of -- 7,a7 any felony under ,state or ,federal law or crime involving robbery1 bribery1 extortion1 embezzlement1 grand larceny1 burglary1 arson1 violation of narcotics laws1 murder1 rape1 assault with intent to kill1 assault which inflicts grievous bodily injury1 prostitution1 peonage1 or smuggling or harboring individuals who have entered the ,united ,states illegally2 or 7,b7 any crime relating to gambling1 or to the sale1 distribution or possession of alcoholic beverages1 in connection with or incident to any labor contracting activities4 7#d7 the applicant for1 or holder of1 the certification has materially failed to comply with this section4 7g7 ,re-registration of violators ,the ,secretary shall establish a procedure by which a foreign labor contractor that has had its registration revoked under subsection 7f7 may seek to re-register under this subsection by demonstrating to the ,secretary's satisfaction that the foreign labor contractor has not violated this subtitle in the previous #e years and that the foreign labor contractor has taken sufficient steps to prevent future violations of this subtitle4 #cfjf4 ,bonding requirement 7a7 ,in general ,the ,secretary shall require a foreign labor contractor to post a bond in an amount sufficient to ensure the ability of the foreign labor contractor to discharge its responsibilities and to ensure protection of workers1 including wages4 7b7 ,regulations ,the ,secretary1 by regulation1 shall establish the conditions under which the bond amount is determined1 paid1 and forfeited4 7c7 ,relationship to other remedies ,the bond requirements and forfeiture of the bond under this section shall be in addition to other remedies under #cfaj or any other law4 #cfjg4 ,maintenance of lists 7a7 ,in general ,the ,secretary shall maintain-- 7#a7 a list of all foreign labor contractors registered under this subsection1 including-- 7,a7 the countries from which the contractors recruit2 7,b7 the employers for whom the contractors recruit2 7,c7 the visa categories and occupations for which the contractors recruit2 and 7,d7 the ,states where recruited workers are employed2 and 7#b7 a list of all foreign labor contractors whose certificate of registration the ,secretary has revoked4 7b7 ,updates2 availability ,the ,secretary shall-- 7#a7 update the lists required by subsection 7a7 on an ongoing basis1 not less frequently than every #f months2 and 7#b7 make such lists publicly available1 including through continuous publication on ,internet websites and in written form at and on the websites of ,united ,states embassies in the official language of that country4 7c7 ,inter-agency availability ,the ,secretary shall share the information described in subsection 7a7 with the ,secretary of ,state #cfjh4 ,amendment to the ,immigration and ,nationality ,act ,section #bad 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,a visa shall not be issued under the subparagraph 7,a77iii71 7,b77i7 7but only for domestic servants described in clause 7i7 or 7ii7 of section #bgd;a4#ab7;c77#ag7 of title #h1 ,code of ,federal ,regulations 7as in effect on ,december #d1 #bjjg771 7,g77v71 7,h71 7,j71 7,l71 7,q71 7,r7 or add any new immigration subsections of section #aja7;a77#ae7 until the consular officer-- 7#a7 has provided to and reviewed with the applicant1 in the applicant's language 7or a language the applicant understands71 a copy of the information and resources pamphlet required by section #bjb of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #acge;b7 2 and 7#b7 has reviewed and made a part of the visa file the foreign labor recruiter disclosures required by section #cfjb of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 including whether the foreign labor recruiter is registered pursuant to that section4 4 #cfji4 ,responsibilities of ,secretary of ,state 7a7 ,in general ,the ,secretary of ,state shall ensure that each ,united ,states diplomatic mission has a person who shall be responsible for receiving information from any worker who has been subject to violations of this subtitle4 7b7 ,provision of information ,the responsible person referred to in subsection 7a7 shall ensure that the information received is provided to the ,department of ,justice1 the ,department of ,labor1 or any other relevant ,federal agency4 7c7 ,mechanisms ,the ,attorney ,general and the ,secretary shall ensure that there is a mechanism for any actions that need to be taken in response to information received under subsection 7a74 7d7 ,assistance from foreign government ,the person designated for receiving information pursuant to this subsection is strongly encouraged to coordinate with governments and civil society organizations in the countries of origin to ensure the worker receives additional support4 7e7 ,maintenance and availability of information ,the ,secretary of ,state shall ensure that consulates maintain information regarding the identities of foreign labor contractors and the employers to whom the foreign labor contractors supply workers4 ,the ,secretary of ,state shall make such information publically available in written form and on-line1 including on the websites of ,united ,states embassies in the official language of that country4 7f7 ,annual public disclose ,the ,secretary of ,state shall make publically available on-line1 on an annual basis1 data disclosing the gender1 country of origin and state1 if available1 date of birth1 wage1 level of training1 and occupation category1 disaggregated by job and by visa category4 #cfaj4 ,enforcement provisions 7a7 ,complaints and investigations ,the ,secretary-- 7#a7 shall establish a process for the receipt1 investigation1 and disposition of complaints filed by any person1 including complaints respecting a foreign labor contractor's compliance with this subtitle2 and 7#b7 either pursuant to the process required by paragraph 7#a7 or otherwise1 may investigate employers or foreign labor contractors1 including actions occurring in a foreign country1 as necessary to determine compliance with this subtitle4 7b7 ,administrative enforcement 7#a7 ,in general ,if the ,secretary finds1 after notice and an opportunity for a hearing1 any foreign labor contractor or employer failed to comply with any of the requirements of this subtitle1 the ,secretary may impose the following against such contractor or employer-- 7,a7 a fine in an amount not more than #aj1jjj per violation2 and 7,b7 upon the occasion of a third violation or a failure to comply with representations1 a fine of not more than #be1jjj per violation4 7c7 ,authority to ensure compliance ,the ,secretary is authorized to take other such actions1 including issuing subpoenas and seeking appropriate injunctive relief and recovery of damages1 as may be necessary to assure compliance with the terms and conditions of this subtitle4 7d7 ,bonding ,pursuant to the bonding requirement in section #cfjf1 bond liquidation and forfeitures shall be in addition to other remedies under this section or any other law4 7e7 ,civil action 7#a7 ,in general ,the ,secretary or any person aggrieved by a violation of this subtitle may bring a civil action against any foreign labor contractor or employer that does not meet the requirements of section 7f77#b7 in any court of competent jurisdiction-- 7,a7 to seek remedial action1 including injunctive relief2 7,b7 to recover damages on behalf of any worker harmed by a violation of this subsection2 and1 7,c7 to ensure compliance with requirements of this section4 7#b7 ,actions by the ,secretary of ,labor 7,a7 ,sums recovered ,any sums recovered by the ,secretary on behalf of a worker under paragraph 7#a7 or through liquidation of the bond held pursuant to section #cfjf shall be held in a special deposit account and shall be paid1 on order of the ,secretary1 directly to each worker affected4 ,any such sums not paid to a worker because of inability to do so within a period of #e years shall be credited as an offsetting collection to the appropriations account of the ,secretary for expenses for the administration of this section and shall remain available to the ,secretary until expended or may be used for enforcement of the laws within the jurisdiction of the wage and hour division or may be transferred to the ,secretary of ,health and ,human ,services for the purpose of providing support to programs that provide assistance to victims of trafficking in persons or other exploited persons4 ,the ,secretary shall work with any attorney or organization representing workers to locate workers owed sums under this section4 7,b7 ,representation ,except as provided in section #eah7;a7 of title #bh1 ,united ,states ,code1 the ,solicitor of ,labor may appear for and represent the ,secretary in any civil litigation brought under this paragraph4 ,all such litigation shall be subject to the direction and control of the ,attorney ,general4 7#c7 ,actions by individuals 7,a7 ,award ,if the court finds in a civil action filed by an individual under this section that the defendant has violated any provision of this subtitle 7or any regulation issued pursuant to this subtitle71 the court may award-- 7i7 damages1 up to and including an amount equal to the amount of actual damages1 and statutory damages of up to #a1jjj per plaintiff per violation1 or other equitable relief1 except that with respect to statutory damages-- 7,i7 multiple infractions of a single provision of this subtitle 7or of a regulation under this subtitles7 shall constitute only #a violation for purposes of section #cfjb7;a7 to determine the amount of statutory damages due a plaintiff2 and 7,,ii7 if such complaint is certified as a class action the court may award-- 7aa7 damages up to an amount equal to the amount of actual damages2 and 7bb7 statutory damages of no more than the lesser of up to #a1jjj per class member per violation1 or up to #ejj1jjj2 and other equitable relief2 7ii7 reasonable attorneys' fees and costs2 and 7iii7 such other and further relief1 including declaratory and injunctive relief1 as necessary to effectuate the purposes of this subtitle4 7,b7 ,criteria ,in determining the amount of statutory damages to be awarded under subparagraph 7,a71 the court is authorized to consider whether an attempt was made to resolve the issues in dispute before the resort to litigation4 7,c7 ,bond ,to satisfy the damages1 fees1 and costs found owing under this clause1 the ,secretary shall release as much of the bond held pursuant to section #cfjf as necessary4 7,d7 ,appeal ,any civil action brought under this section shall be subject to appeal as provided in chapter #hc of title #bh1 ,united ,states ,code 7#bh ,u4,s4,c4 #abia et seq474 7,e7 ,access to legal services corporation ,notwithstanding any other provision of law1 the ,legal ,services ,corporation and recipients of its funding may provide legal assistance on behalf of any alien with respect to any provision of this subtitle4 7f7 ,agency liability 7#a7 ,in general ,beginning #ahj days after the ,secretary of ,labor has promulgated regulations pursuant to section #cfje7;c71 an employer who retains the services of a foreign labor contractor shall only use those foreign labor contractors who are registered under section #cfje4 ,an employer who uses a foreign labor contractor who is not registered under section #cfje after such time period1 or who uses a foreign labor contractor that has violated any provision of this subsection1 shall be subject to the provisions of this subsection for violations committed by such foreign labor contractor to the same extent as if the employer were the foreign labor contractor who had committed the violation4 7#b7 ,safe harbor ,an employer shall not have any liability under this section if the employer hires workers referred by a foreign labor contractor that has a valid registration with the ,department of ,labor pursuant to section #cfje1 the employer does not act with reckless disregard of the fact that the foreign labor contractor has violated any provision of this section1 and if the employer obtained knowledge of a violation of the provisions of this section1 it immediately reported the violation to the ,secretary4 7#c7 ,liability for agents ,foreign labor contractors shall be subject to the provisions of this section for violations committed by the foreign labor contractor's agents or subcontractees of any level in relation to their foreign labor contracting activity to the same extent as if the foreign labor contractor had committed the violation4 7g7 ,retaliation 7#a7 ,in general ,no person shall intimidate1 threaten1 restrain1 coerce1 discharge or in any other manner discriminate or retaliate against any worker or their family members 7including a former employee or an applicant for employment7 because such worker disclosed information to any person that the worker reasonably believes evidences a violation of this section 7or any rule or regulation pertaining to this section71 including seeking legal assistance of counsel or cooperating with an investigation or other proceeding concerning compliance with this section 7or any rule or regulation pertaining to this section74 7#b7 ,enforcement ,an individual who is subject to any conduct described in paragraph 7#a7 may1 in a civil action1 recover appropriate relief1 including reasonable attorneys' fees and costs1 with respect to that violation4 ,any civil action under this subparagraph shall be stayed during the pendency of any criminal action arising out of the violation4 7h7 ,waiver of rights ,agreements by employees purporting to waive or to modify their rights under this subtitle shall be void as contrary to public policy4 7i7 ,presence during pendency of actions 7#a7 ,in general ,if other immigration relief is not available1 the ,attorney ,general and the ,secretary of ,homeland ,security shall grant advance parole to permit a nonimmigrant to remain legally in the ,united ,states for time sufficient to fully and effectively participate in all legal proceedings related to any action taken pursuant to this section4 7#b7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to carry out paragraph 7#a74 #cfaa4 ,rule of construction ,nothing in this subtitle shall be construed to preempt or alter any other rights or remedies1 including any causes of action1 available under any other ,federal or ,state law4 #cfab4 ,regulations ,the ,secretary shall prescribe such regulations as may be necessary to carry out this subtitle4 ,g ,interior enforcement #cgja4 ,criminal street gangs 7a7 ,inadmissibility ,section #bab7;a77#b7 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended-- 7#a7 by redesignating subparagraph 7,f7 as subparagraph 7,l72 and 7#b7 by inserting after subparagraph 7,e7 the following3 7,f7 ,aliens in criminal street gangs 7i7 ,in general ,any alien is inadmissible-- 7,i7 who has been convicted of an offense for which an element was active participation in a criminal street gang 7as defined in section #eba7;a7 of title #ah1 ,united ,states ,code7 and the alien-- 7aa7 had knowledge that the gang's members engaged in or have engaged in a continuing series of offenses described in section #eba7;c7 of title #ah1 ,united ,states ,code2 and 7bb7 acted with the intention to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang2 or 7,,ii7 subject to clause 7ii71 who is #ah years of age or older1 who is physically present outside the ,united ,states1 whom the ,secretary determines by clear and convincing evidence1 based upon law enforcement information deemed credible by the ,secretary1 has1 since the age of #ah1 knowingly and willingly participated in a criminal street gang with knowledge that such participation promoted or furthered the illegal activity of the gang4 7ii7 ,waiver ,the ,secretary may waive clause 7i77,,ii7 if the alien has renounced all association with the criminal street gang1 is otherwise admissible1 and is not a threat to the security of the ,united ,states4 4 7b7 ,grounds for deportation ,section #bcg7;a77#b7 7#h ,u4,s4,c4 #abbg7;a77#b77 is amended by adding at the end the following3 7,g7 ,aliens associated with criminal street gangs ,any alien is removable who has been convicted of an offense for which an element was active participation in a criminal street gang 7as defined in section #eba7;a7 of title #ah1 ,united ,states ,code71 and the alien-- 7i7 had knowledge that the gang's members engaged in or have engaged in a continuing series of offenses described in section #eba7;c7 of title #ah1 ,united ,states ,code2 and 7ii7 acted with the intention to promote or further the felonious activities the criminal street gang or increase his or her position in such gang4 4 7c7 ,ground of ineligibility for registered provisional immigrant status 7#a7 ,in general ,an alien who is #ah years of age or older is ineligible for registered provisional immigrant status if the ,secretary determines that the alien-- 7,a7 has been convicted of an offense for which an element was active participation in a criminal street gang 7as defined in section #eba7;a7 of title #ah1 ,united ,states ,code and the alien-- 7i7 had knowledge that the gang's members engaged in or have engaged in a continuing series of offenses described in section #eba7;c7 of title #ah1 ,united ,states ,code2 and 7ii7 acted with the intention to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in such gang2 or 7,b7 subject to paragraph 7#b71 any alien who is #ah years of age or older whom the ,secretary determines by clear and convincing evidence1 based upon law enforcement information deemed credible by the ,secretary1 has1 since the age of #ah1 knowingly and willingly participated in a such gang with knowledge that such participation promoted or furthered the illegal activity of such gang4 7#b7 ,waiver ,the ,secretary may waive this paragraph 7#a77;,b7 if the alien has renounced all association with the criminal street gang1 is otherwise admissible1 and is not a threat to the security of the ,united ,states4 #cgjb4 ,banning habitual drunk drivers from the ,united ,states 7a7 ,grounds for inadmissibility ,section #bab7;a77#b7 7#h ,u4,s4,c4 #aahb71 as amended by section #cdja1 is further amended by inserting after subparagraph 7,i7 the following3 7,j7 ,habitual drunk drivers ,an alien convicted of #c or more offenses on separate dates1 at least #a of which occurred after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 related to driving under the influence or driving while intoxicated is inadmissable4 4 7b7 ,grounds for deportation ,section #bcg7;a77#b7 7#h ,u4,s4,c4 #abbg7;a77#b77 is amended by adding at the end the following3 7,g7 ,habitual drunk drivers ,an alien convicted of #c or more offenses on separate dates related to driving under the influence or driving while intoxicated is deportable4 4 #cgjc4 ,sexual abuse of a minor ,section #aja7;a77#dc77;,a7 7#h ,u4,s4,c4 #aaja7;a77#dc77;,a77 is amended by striking murder1 rape1 or sexual abuse of a minor2 and inserting murder1 rape1 or sexual abuse of a minor1 whether or not the minority of the victim is established by evidence contained in the record of conviction or by credible evidence extrinsic to the record of conviction22 #cgjd4 ,illegal entry 7a7 ,in general ,section #bge 7#h ,u4,s4,c4 #acbe7 is amended to read as follows3 #bge4 ,illegal entry 7a7 ,in general 7#a7 ,criminal offenses ,an alien shall be subject to the penalties set forth in paragraph 7#b7 if the alien-- 7,a7 enters or crosses the border into the ,united ,states at any time or place other than as designated by the ,secretary of ,homeland ,security2 7,b7 eludes examination or inspection by an immigration officer1 or a customs or agriculture inspection at a port of entry2 or 7,c7 enters or crosses the border to the ,united ,states by means of a knowingly false or misleading representation or the concealment of a material fact4 7#b7 ,criminal penalties ,any alien who violates any provision under paragraph 7#a7-- 7,a7 shall1 for the first violation1 be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #ab months1 or both2 7,b7 shall1 for a second or subsequent violation1 or following an order of voluntary departure1 be fined under such title1 imprisoned not more than #c years1 or both2 7,c7 if the violation occurred after the alien had been convicted of #c or more misdemeanors with the convictions occurring on different dates or of a felony for which the alien served a term of imprisonment of #ae days or more1 shall be fined under such title1 imprisoned not more than #aj years1 or both2 and 7,d7 if the violation occurred after the alien had been convicted of a felony for which the alien was sentenced to a term of imprisonment of not less than #cj months1 shall be fined under such title1 imprisoned not more than #ae years1 or both4 7#c7 ,prior convictions ,the prior convictions described in subparagraphs 7,c7 and 7,d7 of paragraph 7#b7 are elements of the offenses described in that paragraph and the penalties in such subparagraphs shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- 7,a7 alleged in the indictment or information2 and 7,b7 proven beyond a reasonable doubt at trial or admitted by the defendant under oath as part of a plea agreement4 7b7 ,improper time or place2 civil penalties ,any alien older than #ah years of age who is apprehended while knowingly entering1 attempting to enter1 or crossing or attempting to cross the border to the ,united ,states at a time or place other than as designated by immigration officers shall be subject to a civil penalty1 in addition to any criminal or other civil penalties that may be imposed under any other provision of law1 in an amount equal to-- 7#a7 not less than #bej or more than #ejjj for each such entry1 crossing1 attempted entry1 or attempted crossing2 or 7#b7 twice the amount specified in paragraph 7#a7 if the alien had previously been subject to a civil penalty under this subsection4 4 7b7 ,clerical amendment ,the table of contents is amended by striking the item relating to section #bge and inserting the following3 ,sec4 #bge4 ,illegal entry4 4 7c7 ,effective date ,the amendments made by this section shall take effect one year after the date of the enactment of this ,act4 #cgje4 ,reentry of removed alien ,section #bgf 7#h ,u4,s4,c4 #acbf7 is amended to read as follows3 #bgf4 ,reentry of removed alien 7a7 ,reentry after removal ,any alien who has been denied admission1 excluded1 deported1 or removed1 or who has departed the ,united ,states while an order of exclusion1 deportation1 or removal is outstanding1 and subsequently enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in the ,united ,states1 shall be fined under title #ah1 ,united ,states ,code1 and imprisoned not more than #b years4 7b7 ,reentry of criminal offenders ,notwithstanding the penalty provided in subsection 7a71 if an alien described in that subsection-- 7#a7 was convicted for #c or more misdemeanors1 with the convictions occurring on different dates1 before such removal or departure1 the alien shall be fined under title #ah1 ,united ,states ,code1 and imprisoned not more than #aj years1 or both2 7#b7 was convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than #cj months1 the alien shall be fined under such title1 and imprisoned not more than #ae years1 or both2 7#c7 was convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than #fj months1 the alien shall be fined under such title1 and imprisoned not more than #bj years1 or both2 7#d7 was convicted for #c felonies1 with the convictions occurring on different dates before such removal or departure1 the alien shall be fined under such title1 and imprisoned not more than #bj years1 or both2 or 7#e7 was convicted1 before such removal or departure1 for murder1 rape1 kidnapping1 or a felony offense described in chapter #gg 7relating to peonage and slavery7 or #aac;,b 7relating to terrorism7 of such title1 the alien shall be fined under such title1 and imprisoned not more than #bj years1 or both4 7c7 ,reentry after repeated removal ,any alien who has been denied admission1 excluded1 deported1 or removed #c or more times and thereafter enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in the ,united ,states1 shall be fined under title #ah1 ,united ,states ,code1 and imprisoned not more than #aj years1 or both4 7d7 ,proof of prior convictions ,the prior convictions described in subsection 7b7 are elements of the offenses described in that subsection1 and the penalties in such subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- 7#a7 alleged in the indictment or information2 and 7#b7 proven beyond a reasonable doubt at trial or admitted by the defendant under oath as part of a plea agreement4 7e7 ,affirmative defenses ,it shall be an affirmative defense to a violation of this section that-- 7#a7 prior to the alleged violation1 the alien had sought and received the express consent of the ,secretary of ,homeland ,security to reapply for admission into the ,united ,states2 or 7#b7 at the time of the prior exclusion1 deportation1 removal1 or denial of admission alleged in the violation1 the alien had not yet reached #ah years of age and had not been convicted of a crime or adjudicated a delinquent minor by a court of the ,united ,states1 or a court of a state or territory1 for conduct that would constitute a felony if committed by an adult4 7f7 ,limitation on collateral attack on underlying deportation order ,in a criminal proceeding under this section1 an alien may not challenge the validity of the deportation order described in subsection 7a7 or subsection 7c7 unless the alien demonstrates that-- 7#a7 the alien exhausted any administrative remedies that may have been available to seek relief against the order2 7#b7 the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review2 and 7#c7 the entry of the order was fundamentally unfair4 7g7 ,reentry of alien removed prior to completion of term of imprisonment ,any alien removed pursuant to section #bda7;a77#d7 who enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in1 the ,united ,states shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the ,secretary of ,homeland ,security has expressly consented to the alien's reentry or the alien is prima facie eligible for protection from removal4 ,such alien shall be subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law4 7h7 ,limitation ,it is not aiding and abetting a violation of this section for an individual to provide an alien with emergency humanitarian assistance1 including emergency medical care and food1 or to transport the alien to a location where such assistance can be rendered without compensation or the expectation of compensation4 7i7 ,definitions ,in this section3 7#a7 ,felony ,the term felony means any criminal offense punishable by a term of imprisonment of more than #a year under the laws of the ,united ,states1 any ,state1 or a foreign government4 7#b7 ,misdemeanor ,the term misdemeanor means any criminal offense punishable by a term of imprisonment of not more than #a year under the applicable laws of the ,united ,states1 any ,state1 or a foreign government4 7#c7 ,removal ,the term removal includes any denial of admission1 exclusion1 deportation1 or removal1 or any agreement by which an alien stipulates or agrees to exclusion1 deportation1 or removal4 7#d7 ,state ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 and any commonwealth1 territory1 or possession of the ,united ,states4 4 #cgjf4 ,penalties related to removal 7a7 ,penalties relating to vessels and aircraft ,section #bdc7;c7 7#h ,u4,s4,c4 #abec7;c77 is amended-- 7#a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7#b7 by striking ,commissioner each place such term appears and inserting ,secretary of ,homeland ,security2 and 7#c7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking #b1jjj and inserting #e1jjj2 7,b7 in subparagraph 7,b71 by striking #e1jjj and inserting #aj1jjj2 7,c7 by amending paragraph 7#a77;,c7 to read as follows3 7,c7 ,compromise ,the ,secretary of ,homeland ,security1 in the ,secretary's unreviewable discretion and upon the receipt of a written request1 may mitigate the monetary penalties required under this subsection for each alien stowaway to an amount equal to not less than #b1jjj1 upon such terms that the ,secretary determines to be appropriate4 2 and 7,d7 by inserting at the end the following3 7,d7 ,exception ,a person1 acting without compensation or the expectation of compensation1 is not subject to penalties under this paragraph if the person is-- 7i7 providing1 or attempting to provide1 an alien with humanitarian assistance1 including emergency medical care or food or water2 or 7ii7 transporting the alien to a location where such humanitarian assistance can be rendered without compensation or the expectation of compensation4 4 #cgjg4 ,reform of passport1 visa1 and immigration fraud offenses 7a7 ,trafficking in passports ,section #aeda of title #ah1 ,united ,states ,code1 is amended to read as follows3 #aeda4 ,trafficking in passports 7a7 ,multiple passports ,subject to subsection 7b71 any person who1 during any period of #c years or less1 knowingly-- 7#a7 and without lawful authority produces1 issues1 or transfers #c or more passports2 7#b7 forges1 counterfeits1 alters1 or falsely makes #c or more passports2 7#c7 secures1 possesses1 uses1 receives1 buys1 sells1 or distributes #c or more passports1 knowing the passports to be forged1 counterfeited1 altered1 falsely made1 stolen1 procured by fraud1 or produced or issued without lawful authority2 or 7#d7 completes1 mails1 prepares1 presents1 signs1 or submits #c or more applications for a ,united ,states passport1 knowing the applications to contain any materially false statement or representation1 shall be fined under this title1 imprisoned not more than #bj years1 or both4 7b7 ,use in a terrorism offense ,any person who commits an offense described in subsection 7a7 to facilitate an act of international terrorism 7as defined in section #bcca7 shall be fined under this title1 imprisoned not more than #be years1 or both4 7c7 ,passport materials ,any person who knowingly and without lawful authority produces1 buys1 sells1 possesses1 or uses any official material 7or counterfeit of any official material7 used to make #aj or more passports1 including any distinctive paper1 seal1 hologram1 image1 text1 symbol1 stamp1 engraving1 or plate1 shall be fined under this title1 imprisoned not more than #bj years1 or both4 4 7b7 ,false statement in an application for a passports ,section #aedb of title #ah1 ,united ,states ,code1 is amended to read as follows3 #aedb4 ,false statement in an application for a passport 7a7 ,in general ,any person who knowingly makes any material false statement or representation in an application for a ,united ,states passport1 or mails1 prepares1 presents1 or signs an application for a ,united ,states passport knowing the application to contain any material false statement or representation1 shall be fined under this title1 imprisoned not more than #be years 7if the offense was committed to facilitate an act of international terrorism 7as defined in section #bcca of this title771 #bj years 7if the offense was committed to facilitate a drug trafficking crime 7as defined in section #ibi7;a7 of this title771 or #ae years 7in the case of any other offense7 or both4 7b7 ,venue 7#a7 ,in general ,an offense under subsection 7a7 may be prosecuted in any district-- 7,a7 in which the false statement or representation was made or the application for a ,united ,states passport was prepared or signed2 or 7,b7 in which or to which the application was mailed or presented4 7#b7 ,offenses outside the ,united ,states ,an offense under subsection 7a7 involving an application prepared and adjudicated outside the ,united ,states may be prosecuted in the district in which the resultant passport was or would have been produced4 7c7 ,savings clause ,nothing in this section may be construed to limit the venue otherwise available under sections #cbcg and #cbch of this title4 4 7c7 ,misuse of a passport ,section #aedd of title #ah1 ,united ,states ,code1 is amended to read as follows3 #aedd4 ,misuse of a passport ,any person who knowingly-- 7#a7 misuses for their own purposes any passport issued or designed for the use of another2 7#b7 uses any passport in violation of the laws1 regulations1 or rules governing the issuance and use of the passport2 7#c7 secures1 possesses1 uses1 receives1 buys1 sells1 or distributes any passport knowing the passport to be forged1 counterfeited1 altered1 falsely made1 procured by fraud1 or produced or issued without lawful authority2 or 7#d7 substantially violates the terms and conditions of any safe conduct duly obtained and issued under the authority of the ,united ,states1 shall be fined under this title1 imprisoned not more than #be years 7if the offense was committed to facilitate an act of international terrorism 7as defined in section #bcca of this title771 #bj years 7if the offense was committed to facilitate a drug trafficking crime 7as defined in section #ibi7;a7 of this title77 or #ae years 7in the case of any other offense71 or both4 4 7d7 ,schemes to provide fraudulent immigration services ,section #aede of title #ah1 ,united ,states ,code1 is amended to read as follows3 #aede4 ,schemes to provide fraudulent immigration services 7a7 ,in general ,any person who knowingly executes a scheme or artifice1 in connection with any matter that is authorized by or arises under any ,federal immigration law or any matter the offender claims or represents is authorized by or arises under any ,federal immigration law1 to-- 7#a7 defraud any person2 or 7#b7 obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses1 representations1 or promises1 shall be fined under this title1 imprisoned not more than #aj years1 or both4 7b7 ,misrepresentation ,any person who knowingly and falsely represents that such person is an attorney or an accredited representative 7as that term is defined in section #abib4a of title #h1 ,code of ,federal ,regulations 7or any successor regulation77 in any matter arising under any ,federal immigration law shall be fined under this title1 imprisoned not more than #ae years1 or both4 4 7e7 ,immigration and visa fraud ,section #aedf of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by amending the section heading to read as follows3 #aedf4 ,immigration and visa fraud 2 and 7#b7 by striking subsections 7b7 and 7c7 and inserting the following3 7b7 ,trafficking ,any person who1 during any period of #c years or less1 knowingly-- 7#a7 and without lawful authority produces1 issues1 or transfers #c or more immigration documents2 7#b7 forges1 counterfeits1 alters1 or falsely makes #c or more immigration documents2 7#c7 secures1 possesses1 uses1 buys1 sells1 or distributes #c or more immigration documents1 knowing the immigration documents to be forged1 counterfeited1 altered1 stolen1 falsely made1 procured by fraud1 or produced or issued without lawful authority2 or 7#d7 completes1 mails1 prepares1 presents1 signs1 or submits #c or more immigration documents knowing the documents to contain any materially false statement or representation1 shall be fined under this title1 imprisoned not more than #bj years1 or both4 7c7 ,immigration document materials ,any person who knowingly and without lawful authority produces1 buys1 sells1 possesses1 or uses any official material 7or counterfeit of any official material7 used to make #aj or more immigration documents1 including any distinctive paper1 seal1 hologram1 image1 text1 symbol1 stamp1 engraving1 or plate1 shall be fined under this title1 imprisoned not more than #bj years1 or both4 4 7f7 ,alternative imprisonment maximum for certain offenses ,section #aedg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking 7other than an offense under section #aede72 7#b7 in paragraph 7#a71 by striking #ae and inserting #bj2 and 7#c7 in paragraph 7#b71 by striking #bj and inserting #be4 7g7 ,authorized law enforcement activities ,chapter #ge of title #ah1 ,united ,states ,code1 is amended by adding after section #aedg the following3 #aedh4 ,authorized law enforcement activities ,nothing in this chapter may be construed to prohibit-- 7#a7 any lawfully authorized investigative1 protective1 or intelligence activity of a law enforcement agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 or an intelligence agency of the ,united ,states2 or 7#b7 any activity authorized under title ,v of the ,organized ,crime ,control ,act of #aigj 7,public ,law #ia-deb2 #hd ,stat4 #icc74 4 7h7 ,table of sections amendment ,the table of sections for chapter #ge of title #ah1 ,united ,states ,code1 is amended to read as follows3 ,sec4 #aeda4 ,trafficking in passports4 #aedb4 ,false statement in an application for a passport4 #aedc4 ,forgery or false use of a passport4 #aedd4 ,misuse of a passport4 #aede4 ,schemes to provide fraudulent immigration services4 #aedf4 ,immigration and visa fraud4 #aedg4 ,alternative imprisonment maximum for certain offenses4 #aedh4 ,authorized law enforcement activities4 4 #cgjh4 ,combating schemes to defraud aliens 7a7 ,regulations1 forms1 and procedures ,the ,secretary and the ,attorney ,general1 for matters within their respective jurisdictions arising under the immigration laws1 shall promulgate appropriate regulations1 forms1 and procedures defining the circumstances in which-- 7#a7 persons submitting applications1 petitions1 motions1 or other written materials relating to immigration benefits or relief from removal under the immigration laws will be required to identify who 7other than immediate family members7 assisted them in preparing or translating the immigration submissions2 and 7#b7 any person or persons who received compensation 7other than a nominal fee for copying1 mailing1 or similar services7 in connection with the preparation1 completion1 or submission of such materials will be required to sign the form as a preparer and provide identifying information4 7b7 ,civil injunctions against immigration service provider ,the ,attorney ,general may commence a civil action in the name of the ,united ,states to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before the ,department of ,justice or ,department4 7c7 ,definitions ,in this section3 7#a7 ,immigration laws ,the term immigration laws has the meaning given that term in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag774 7#b7 ,immigration service provider ,the term immigration service provider means any individual or entity 7other than an attorney or individual otherwise authorized to provide representation in immigration proceedings as provided in ,federal regulation7 who1 for a fee or other compensation1 provides any assistance or representation to aliens in relation to any filing or proceeding relating to the alien which arises1 or which the provider claims to arise1 under the immigration laws1 executive order1 or presidential proclamation4 #cgji4 ,inadmissibility and removal for passport and immigration fraud offenses 7a7 ,inadmissibility ,section #bab7;a77#b77;,a77i7 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77i77 is amended-- 7#a7 in subclause 7,i71 by striking 1 or at the end and inserting a semicolon2 7#b7 in subclause 7,,ii71 by striking the comma at the end and inserting 2 or2 and 7#c7 by inserting after subclause 7,,ii7 the following3 7,,iii7 a violation of section #aeda1 #aede1 and subsection 7b7 of section #aedf of title #ah1 ,united ,states ,code1 4 7b7 ,removal ,section #bcg7;a77#c77;,b77iii7 7#h ,u4,s4,c4 #abbg7;a77#c77;,b77iii77 is amended to read as follows3 7ii7 a violation of section #aeda1 #aede1 and subsection 7b7 of section #aedf of title #ah1 ,united ,states ,code1 4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall apply to proceedings pending on or after the date of the enactment of this ,act1 with respect to conduct occurring on or after that date4 #cgaj4 ,directives related to passport and document fraud 7a7 ,directive to the ,united ,states ,sentencing ,commission 7#a7 ,in general ,pursuant to the authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall promulgate or amend the sentencing guidelines1 policy statements1 and official commentaries1 if appropriate1 related to passport fraud offenses1 including the offenses described in chapter #ge of title #ah1 ,united ,states ,code1 as amended by section #cdjg1 to reflect the serious nature of such offenses4 7#b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,united ,states ,sentencing ,commission shall submit a report on the implementation of this subsection to-- 7,a7 the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on the ,judiciary of the ,house of ,representatives4 7b7 ,protection for legitimate refugees and asylum seekers 7#a7 ,in general 7,a7 ,requirement for guidelines ,the ,attorney ,general1 in consultation with the ,secretary1 shall develop binding prosecution guidelines for ,federal prosecutors to ensure that each prosecution of an alien seeking entry into the ,united ,states by fraud is consistent with the ,united ,states treaty obligations under ,article #ca7a7 of the ,convention ,relating to the ,status of ,refugees1 done at ,geneva ,july #bh1 #aiea 7as made applicable by the ,protocol ,relating to the ,status of ,refugees1 done at ,new ,york ,january #ca1 #aifg 7#ai ,,ust #fbbc774 7,b7 ,no private right of action ,the guidelines developed pursuant to subparagraph 7,a71 and any internal office procedures related to such guidelines-- 7i7 are intended solely for the guidance of attorneys of the ,united ,states2 and 7ii7 are not intended to1 do not1 and may not be relied upon to1 create any right or benefit1 substantive or procedural1 enforceable at law by any party in any administrative1 civil1 or criminal matter4 7#b7 ,protection of vulnerable persons ,a person described in paragraph 7#c7 may not be prosecuted under chapter #ge of title #ah1 ,united ,states ,code1 or under section #bge or #bgf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe and #acbf71 in connection with the person's entry or attempted entry into the ,united ,states until after the date on which the person's application for such protection1 classification1 or status has been adjudicated and denied in accordance with the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#c7 ,persons seeking protection1 classification1 or status ,a person described in this paragraph is a person who-- 7,a7 is seeking protection1 classification1 or status2 and 7,b7 7i7 has filed an application for asylum under section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh71 withholding of removal under section #bda7;b77#c7 of such ,act 7#h ,u4,s4,c4 #abca7;b77#c771 or relief under the ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aiid1 pursuant to title #h1 ,code of ,federal ,regulations2 7ii7 indicates immediately after apprehension1 that he or she intends to apply for such asylum1 withholding of removal1 or relief and promptly files the appropriate application2 7iii7 has been referred for a credible fear interview1 a reasonable fear interview1 or an asylum-only hearing under section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7 or title #h1 ,code of ,federal ,regulations2 or 7iv7 has filed an application for classification or status under-- 7,i7 subparagraph 7,t7 or 7,u7 of paragraph 7#ae71 paragraph 7#bg77;,j71 or paragraph 7#ea7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a772 or 7,,ii7 section #baf7;c77#d77;,c7 or #bdj;,a7b77#b71 of such ,act 7#h ,u4,s4,c4 #aahf;a7c77#d77;,c7 and #abbi;b7b77#b774 #cgaa4 ,inadmissible aliens 7a7 ,deterring aliens ordered removed from remaining in the united states unlawfully ,section #bab7;a77#i77;,a7 7#h ,u4,s4,c4 #aahb7;a77#i77;,a77 is amended-- 7#a7 in clause 7i71 by striking seeks admission within #e years of the date of such removal 7or within #bj years and inserting seeks admission not later than #e years after the date of the alien's removal 7or not later than #bj years after the alien's removal2 and 7#b7 in clause 7ii71 by striking seeks admission within #aj years of the date of such alien's departure or removal 7or within #bj years of and inserting seeks admission not later than #aj years after the date of the alien's departure or removal 7or not later than #bj years after4 7b7 ,biometric screening ,section #bab 7#h ,u4,s4,c4 #aahb7 is amended-- 7#a7 in subsection 7a77#g71 by adding at the end the following3 7,c7 ,withholding information ,except as provided in subsection 7d77#b71 any alien who willfully1 through his or her own fault1 refuses to comply with a lawful request for biometric information is inadmissible4 2 and 7#b7 in subsection 7d71 by inserting after paragraph 7#a7 the following3 7#b7 ,the ,secretary may waive the application of subsection 7a77#g77;,c7 for an individual alien or a class of aliens4 4 7c7 ,precluding admissibility of aliens convicted of serious criminal offenses and domestic violence1 stalking1 child abuse and violation of protection orders 7#a7 ,inadmissibility on criminal and related grounds2 waivers ,section #bab 7#h ,u4,s4,c4 #aahb71 as amended by section #ccjb1 is further amended-- 7,a7 in subsection 7a77#b71 as amended by sections #cdja and #cdjb1 is further amended by inserting after subparagraph 7,j7 the following3 7,k7 ,crimes of domestic violence1 stalking1 or violation of protective orders2 crimes against children 7i7 ,domestic violence1 stalking1 and child abuse 7,i7 ,in general ,any alien who has been convicted of a crime of domestic violence1 a crime of stalking1 or a crime of child abuse1 child neglect1 or child abandonment1 provided the alien served at least #a year imprisonment for the crime1 or provided the alien was convicted of offenses constituting more than #a such crime1 not arising out of a single scheme of criminal misconduct1 is inadmissible4 7,,ii7 ,crime of domestic violence defined ,in this clause1 the term crime of domestic violence means any crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code7 against a person committed by a current or former spouse of the person1 by an individual with whom the person shares a child in common1 by an individual who is cohabiting with or has cohabited with the person as a spouse1 by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs1 or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the ,united ,states or any ,state1 ,indian tribal government1 or unit of local or foreign government4 7ii7 ,violators of protection orders 7,i7 ,in general ,any alien who at any time is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that constitutes criminal contempt of the portion of a protection order that involves protection against credible threats of violence1 repeated harassment1 or bodily injury to the person or persons for whom the protection order was issued1 is inadmissible4 7,,ii7 ,protection order defined ,in this clause1 the term protection order means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence1 including temporary or final orders issued by civil or criminal courts 7other than support or child custody orders or provisions7 whether obtained by filing an independent action or as an independent order in another proceeding4 7iii7 ,applicability ,this subparagraph shall not apply to an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship1 upon a determination by the ,attorney ,general or the ,secretary of ,homeland ,security that-- 7,i7 the alien was acting in self-defense2 7,,ii7 the alien was found to have violated a protection order intended to protect the alien2 or 7,,iii7 the alien committed1 was arrested for1 was convicted of1 or pled guilty to committing a crime that did not result in serious bodily injury4 2 7,b7 in subsection 7h7-- 7i7 by striking ,the ,attorney ,general may1 in his discretion1 waive the application of subparagraphs 7,a77i77,i71 7,b71 7,d71 and 7,e7 of subsection 7a77#b7 and inserting ,the ,attorney ,general or the ,secretary of ,homeland ,security may waive the application of subparagraphs 7,a77i77,i71 7,b71 7,d71 7,e71 of subsection 7a77#b72 and 7ii7 by inserting or ,secretary of ,homeland ,security after the ,attorney ,general each place that term appears4 7#b7 ,effective date ,the amendments made by this subsection shall apply to any acts that occurred on or after the date of the enactment of this ,act4 #cgab4 ,organized and abusive human smuggling activities 7a7 ,enhanced penalties 7#a7 ,in general ,title ,,ii 7#h ,u4,s4,c4 #aaea et seq47 is amended by adding at the end the following3 #bie4 ,organized human smuggling 7a7 ,prohibited activities ,whoever1 while acting for profit or other financial gain1 knowingly directs or participates in an effort or scheme to assist or cause #e or more persons 7other than a parent1 spouse or child of the offender7-- 7#a7 to enter1 attempt to enter1 or prepare to enter the ,united ,states-- 7,a7 by fraud1 falsehood1 or other corrupt means2 7,b7 at any place other than a port or place of entry designated by the ,secretary2 or 7,c7 in a manner not prescribed by the immigration laws and regulations of the ,united ,states2 or 7#b7 to travel by air1 land1 or sea toward the ,united ,states 7whether directly or indirectly7-- 7,a7 knowing that the persons seek to enter or attempt to enter the ,united ,states without lawful authority2 and 7,b7 with the intent to aid or further such entry or attempted entry2 or 7#c7 to be transported or moved outside of the ,united ,states-- 7,a7 knowing that such persons are aliens in unlawful transit from one country to another or on the high seas2 and 7,b7 under circumstances in which the persons are in fact seeking to enter the ,united ,states without official permission or legal authority2 shall be punished as provided in subsection 7c7 or 7d74 7b7 ,conspiracy and attempt ,any person who attempts or conspires to violate subsection 7a7 of this section shall be punished in the same manner as a person who completes a violation of such subsection4 7c7 ,base penalty ,except as provided in subsection 7d71 any person who violates subsection 7a7 or 7b7 shall be fined under title #ah1 imprisoned for not more than #bj years1 or both4 7d7 ,enhanced penalties ,any person who violates subsection 7a7 or 7b7 shall-- 7#a7 in the case of a violation during and in relation to which a serious bodily injury 7as defined in section #acfe of title #ah7 occurs to any person1 be fined under title #ah1 imprisoned for not more than #cj years1 or both2 7#b7 in the case of a violation during and in relation to which the life of any person is placed in jeopardy1 be fined under title #ah1 imprisoned for not more than #cj years1 or both2 7#c7 in the case of a violation involving #aj or more persons1 be fined under title #ah1 imprisoned for not more than #cj years1 or both2 7#d7 in the case of a violation involving the bribery or corruption of a ,u4,s4 or foreign government official1 be fined under title #ah1 imprisoned for not more than #cj years1 or both2 4 7#e7 in the case of a violation involving robbery or extortion 7as those terms are defined in paragraph 7#a7 or 7#b71 respectively1 of section #aiea7;b77 be fined under title #ah1 imprisoned for not more than #cj years1 or both2 7#f7 in the case of a violation during and in relation to which any person is subjected to an involuntary sexual act 7as defined in section #bbdf7b7 of title #ah71 be fined under title #ah1 imprisoned for not more than #cj years1 or both2 or 7#g7 in the case of a violation resulting in the death of any person1 be fined under title #ah1 imprisoned for or any term of years or for life1 or both4 7e7 ,lawful authority defined 7#a7 ,in general ,in this section1 the term lawful authority-- 7,a7 means permission1 authorization1 or license that is expressly provided for in the immigration laws of the ,united ,states or accompanying regulations3 and 7,b7 does not include any such authority secured by fraud or otherwise obtained in violation of law2 nor does it include authority sought1 but not approved4 7#b7 ,application to travel or entry ,no alien shall be deemed to have lawful authority to travel to or enter the ,united ,states if such travel or entry was1 is1 or would be in violation of law4 7f7 ,effort or scheme ,for purposes of this section1 effort or scheme to assist or cause #e or more persons does not require that the #e or more persons enter1 attempt to enter1 prepare to enter1 or travel at the same time so long as the acts are completed within #a year4 #bif4 ,unlawfully hindering immigration1 border1 and customs controls 7a7 ,illicit spotting ,whoever knowingly transmits to another person the location1 movement1 or activities of any ,federal1 ,state1 or tribal law enforcement agency with the intent to further a ,federal crime relating to ,united ,states immigration1 customs1 controlled substances1 agriculture1 monetary instruments1 or other border controls shall be fined under title #ah1 imprisoned not more than #aj years1 or both4 7b7 ,destruction of united states border controls ,whoever knowingly and without lawful authorization destroys1 alters1 or damages any fence1 barrier1 sensor1 camera1 or other physical or electronic device deployed by the ,federal government to control the border or a port of entry or otherwise seeks to construct1 excavate1 or make any structure intended to defeat1 circumvent or evade any such fence1 barrier1 sensor camera1 or other physical or electronic device deployed by the ,federal government to control the border or a port of entry shall be fined under title #ah1 imprisoned not more than #aj years1 or both1 and if1 at the time of the offense1 the person uses or carries a firearm or who1 in furtherance of any such crime1 possesses a firearm1 that person shall be fined under ,title #ah1 imprisoned not more than #bj years1 or both 7c7 ,conspiracy and attempt ,any person who attempts or conspires to violate subsection 7a7 or 7b7 of this section shall be punished in the same manner as a person who completes a violation of such subsection4 4 7#b7 ,table of contents amendment ,the table of contents is amended by adding after the item relating to section #bid the following3 ,sec4 #bie4 ,organized human smuggling4 ,sec4 #bif4 ,unlawfully hindering immigration1 border1 and customs controls4 4 7b7 ,prohibiting carrying or use of a firearm during and in relation to an alien smuggling crime ,section #ibd7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by inserting 1 alien smuggling crime1 after crime of violence each place that term appears2 and 7,b7 in subparagraph 7,d77ii71 by inserting 1 alien smuggling crime1 after crime of violence2 and 7#b7 by adding at the end the following3 7#f7 ,for purposes of this subsection1 the term alien smuggling crime means any felony punishable under section #bgd7;a71 #bgg1 or #bgh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a71 #acbg1 and #acbh74 4 7c7 ,statute of limitations ,section #cbih of title #ah1 ,united ,states ,code1 is amended by inserting 1 #bie1 #bif1 or #big after #bgd7;a74 #cgac4 ,preventing criminals from renouncing citizenship during wartime ,section #cdi7;a7 7#h ,u4,s4,c4 #adha7;a7 is amended-- 7#a7 by striking paragraph 7#f7 2 and 7#b7 redesignating paragraph 7#g7 as paragraph 7#f74 #cgad4 ,diplomatic security service ,paragraph 7#a7 of section #cg7;a7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bgji7;a77 is amended to read as follows3 7#a7 conduct investigations concerning-- 7,a7 illegal passport or visa issuance or use2 7,b7 identity theft or document fraud affecting or relating to the programs1 functions1 and authorities of the ,secretary of ,state2 7,c7 violations of chapter #gg of title #ah1 ,united ,states ,code2 and 7,d7 ,federal offenses committed within the special maritime and territorial jurisdiction of the ,united ,states 7as defined in section #g7i7 of title #ah1 ,united ,states ,code72 4 #cgae4 ,secure alternatives programs 7a7 ,in general ,the ,secretary shall establish secure alternatives programs that incorporate case management services in each field office of the ,department to ensure appearances at immigration proceedings and public safety4 7b7 ,contract authority ,the ,secretary shall contract with nongovernmental community based organizations to conduct screening of detainees1 provide appearance assistance services1 and operate community-based supervision programs4 ,secure alternatives shall offer a continuum of supervision mechanisms and options including community support1 depending on an assessment of each individual's circumstances4 ,the ,secretary may contract with nongovernmental organizations to implement secure alternatives that maintain custody over the alien4 7c7 ,individualized determinations ,in determining whether to use secure alternatives1 the ,secretary shall make an individualized determination1 and for each individual placed on secure alternatives shall review the level of supervision on a monthly basis4 ,secure alternatives shall not be used when release on bail or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety4 7d7 ,custody ,the ,secretary may use secure alternatives programs to maintain custody over any alien detained under this ,act except for aliens detained under section #bcf;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf;a74 ,if an individual is not eligible for release from custody or detention1 the ,secretary shall consider the alien for placement in secure alternatives that maintain custody over the alien to serve as detention1 including the use of electronic ankle devices4 #cgaf4 ,oversight of detention facilities 7a7 ,definitions ,in this section3 7#a7 ,applicable standards ,the term applicable standards means the most recent version of detention standards and detention-related policies issued by the ,secretary or the ,director of ,u4,s4 ,immigration and ,customs ,enforcement4 7#b7 ,detention facility ,the term detention facility means a ,federal1 ,state1 or local government facility1 or a privately owned and operated facility1 that is used1 in whole or in part1 to hold individuals under the authority of the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 including facilities that hold such individuals under a contract or agreement with the ,director4 7b7 ,detention requirements ,the ,secretary shall ensure that all persons detained pursuant to the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 are treated humanely and benefit from the protections set forth in this section4 7c7 ,oversight requirements 7#a7 ,annual inspection ,all detention facilities shall be inspected by the ,secretary on a regular basis1 but not less than annually1 for compliance with applicable detention standards issued by the ,secretary and other applicable regulations4 7#b7 ,routine oversight ,in addition to annual inspections1 the ,secretary shall conduct routine oversight of detention facilities1 including unannounced inspections4 7#c7 ,availability of records ,all detention facility contracts1 memoranda of agreement1 and evaluations and reviews shall be considered records for purposes of section #eeb7;f77#b7 of title #e1 ,united ,states ,code4 7#d7 ,consultation ,the ,secretary shall seek input from nongovernmental organizations regarding their independent opinion of specific facilities4 7d7 ,compliance mechanisms 7#a7 ,agreements 7,a7 ,new agreements ,compliance with applicable standards of the ,secretary and all applicable regulations1 and meaningful financial penalties for failure to comply1 shall be a material term in any new contract1 memorandum of agreement1 or any renegotiation1 modification1 or renewal of an existing contract or agreement1 including fee negotiations1 executed with detention facilities4 7,b7 ,existing agreements ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall secure a modification incorporating these terms for any existing contracts or agreements that will not be renegotiated1 renewed1 or otherwise modified4 7,c7 ,cancellation of agreements ,unless the ,secretary provides a reasonable extension to a specific detention facility that is negotiating in good faith1 contracts or agreements with detention facilities that are not modified within #a year of the date of the enactment of this ,act will be cancelled4 7,d7 ,provision of information ,in making modifications under this paragraph1 the ,secretary shall require that detention facilities provide to the ,secretary all contracts1 memoranda of agreement1 evaluations1 and reviews regarding the facility on a regular basis4 ,the ,secretary shall make these materials publicly available4 7#b7 ,financial penalties 7,a7 ,requirement to impose ,subject to subparagraph 7,c71 the ,secretary shall impose meaningful financial penalties upon facilities that fail to comply with applicable detention standards issued by the ,secretary and other applicable regulations4 7,b7 ,timing of imposition ,financial penalties imposed under subparagraph 7,a7 shall be imposed immediately after a facility fails to achieve an adequate or the equivalent median score in any performance evaluation4 7,c7 ,waiver ,the requirements of subparagraph 7,a7 may be waived if the facility corrects the noted deficiencies and receives an adequate score in not more than #ij days4 7,d7 ,multiple offenders ,in cases of persistent and substantial non-compliance1 including scoring less than adequate or the equivalent median score in #b consecutive inspections1 the ,secretary shall terminate contracts or agreements with such facilities within #fj days1 or in the case of facilities operated by the ,secretary1 such facilities shall be closed within #ij days4 7e7 ,reporting requirements 7#a7 ,objectives ,not later than ,june #cj of each year1 the ,secretary shall prepare and submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on inspection and oversight activities of detention facilities4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include-- 7,a7 a description of each detention facility found to be in noncompliance with applicable detention standards issued by the ,department and other applicable regulations2 7,b7 a description of the actions taken by the ,department to remedy any findings of noncompliance or other identified problems1 including financial penalties1 contract or agreement termination1 or facility closure2 and 7,c7 information regarding whether the actions described in subparagraph 7,b7 resulted in compliance with applicable detention standards and regulations4 #cgag4 ,procedures for bond hearings and filing of notices to appear 7a7 ,aliens in custody ,section #bcf 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following3 7f7 ,procedures for custody hearings ,for any alien taken into custody under any provision of this ,act1 with the exception of minors being transferred to or in the custody of the ,office of ,refugee ,resettlement1 the following shall apply3 7#a7 ,the ,secretary of ,homeland ,security shall1 without unnecessary delay and not later than #gb hours after the alien is taken into custody1 file the ,notice to ,appear or other relevant charging document with the immigration court having jurisdiction over the location where the alien was apprehended1 and serve such notice on the alien4 7#b7 ,the ,secretary shall immediately determine whether the alien shall remain in custody or be released and1 without unnecessary delay and not later than #gb hours after the alien was taken into custody1 serve upon the alien the custody decision specifying the reasons for continued custody and the amount of bond if any4 7#c7 ,the ,attorney ,general shall ensure the alien has the opportunity to appear before an immigration judge for a custody determination hearing promptly after service of the ,secretary's custody decision4 ,the immigration judge may1 on the ,secretary's motion and upon a showing of good cause1 postpone a custody determination hearing for no more than #gb hours after service of the custody decision1 except that in no case shall the hearing occur more than seven days 7including weekends and holidays7 after the alien was taken into custody4 7#d7 ,the immigration judge shall advise the alien of the right to postpone the custody determination hearing and shall1 on the oral or written request of the individual1 postpone the custody determination hearing for a period of no more than #ad days4 7#e7 ,except for aliens that the immigration judge has determined are deportable as described in section #bcf;,a and #bcf7;c71 the immigration judge shall review the custody determination de novo and may detain the alien only if the ,secretary demonstrates that no conditions1 including the use of alternatives to detention that maintain custody over the alien1 will reasonably assure the appearance of the alien as required and the safety of any other person and the community4 ,for aliens detained under #bcf7;c71 the immigration judge may review the custody determination if the ,secretary agrees the alien is not a danger to the community and alternatives to detention exist that assure the appearance of the alien as required and the safety of any other person and the community4 7#f7 ,in the case of any alien remaining in custody after a custody determination1 the ,attorney ,general shall provide de novo custody determination hearings before an immigration judge every #ij days so long as the alien remains in custody4 ,the alien may obtain a de novo custody redetermination hearing upon a showing of good cause4 7#g7 ,the ,secretary shall inform the alien of his or her rights under this paragraph at the time the alien is first taken into custody4 4 7b7 ,stipulated removal ,section #bdj7;d7 7#h ,u4,s4,c4 #abbi;a7 is amended to read as follows3 7d7 ,stipulated removal ,the ,attorney ,general shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien 7or the alien's representative7 and the ,service4 ,an immigration judge may enter a stipulated removal order only upon a finding at an in-person hearing that the stipulation is voluntary1 knowing and intelligent4 ,a stipulated order shall constitute a conclusive determination of the alien's removability from the ,united ,states4 4 #cgah4 ,sanctions for countries that delay or prevent repatriation of their nationals ,section #bdc7;d7 7#h ,u4,s4,c4 #abec7;d77 is amended to read as follows3 7d7 ,discontinuing granting visas to nationals of countries that deny or delay accepting aliens ,notwithstanding section #bba7;c71 if the ,secretary of ,homeland ,security determines1 in consultation with the ,secretary of ,state1 that the government of a foreign country denies or unreasonably delays accepting aliens who are citizens1 subjects1 nationals1 or residents of that country after the ,secretary asks whether the government will accept an alien under this section1 or after a determination that the alien is inadmissible under paragraph 7#f7 or 7#g7 of section #bab7;a71 the ,secretary of ,state shall order consular officers in that foreign country to discontinue granting visas1 or classes of visas until the ,secretary of ,homeland ,security notifies the ,secretary of ,state that the country has accepted the aliens4 4 #cgai4 ,gross violations of human rights 7a7 ,inadmissibility of certain aliens ,section #bab7;a77#c77;,e77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,e77iii77 is amended to read as follows3 7iii7 ,commission of acts of torture1 extrajudicial killings1 war crimes1 or widespread or systematic attacks on civilians ,any alien who planned1 ordered1 assisted1 aided and abetted1 committed1 or otherwise participated1 including through command responsibility1 in the commission of-- 7,i7 any act of torture 7as defined in section #bcdj of title #ah1 ,united ,states ,code72 7,,ii7 any extrajudicial killing 7as defined in section #c7;a7 of the ,torture ,victim ,protection ,act of #aiia 7#bh ,u4,s4,c4 #acej note77 under color of law of any foreign nation2 7,,iii7 a war crime 7as defined in section #bdda of title #ah1 ,united ,states ,code72 or 7,,iv7 a widespread or systematic attack directed against a civilian population1 with knowledge of the attack1 murder1 extermination1 enslavement1 forcible transfer of population1 arbitrary detention1 rape1 sexual slavery1 enforced prostitution1 forced pregnancy1 enforced sterilization1 or any other form of sexual violence of comparable gravity2 7,v7 persecution on political racial1 national1 ethnic1 cultural1 religious1 or gender grounds2 7,,vi7 enforced disappearance of persons2 or 7,,vii7 other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury1 is in admissible4 4 7b7 ,nonapplicability of confidentiality requirement with respect to visa records ,the ,president may make public1 without regard to the requirements under section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f771 with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the ,united ,states1 the names of aliens deemed inadmissible on the basis of section #bab7;a77#c77;,e77iii7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a74 ,,iv ,reforms to nonimmigrant visa programs ,a ,employment-based nonimmigrant visas #daja4 ,market-based ,h-#a;,b visa limits 7a7 ,in general ,section #bad7;g7 7#h ,u4,s4,c4 #aahd7;g77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking 7beginning with fiscal year #aiib72 and 7,b7 by amending subparagraph 7,a7 to read as follows3 7,a7 under section #aja7;a77#ae77;,h77i77b7 may not exceed-- 7i7 #aaj1jjj for the first fiscal year beginning after the date of the enactment the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 and 7ii7 the number calculated under paragraph 7#i7 for succeeding fiscal year2 or 2 7#b7 by redesignating paragraph 7#aj7 as subparagraph 7,d7 of paragraph 7#i72 7#c7 by redesignating paragraph 7#i7 as paragraph 7#aj72 and 7#d7 by inserting after paragraph 7#h7 the following3 7#i7 7,a7 ,except as provided in subparagraphs 7,b7 and 7,c71 the allocation of nonimmigrant visas under section #aja7;a77#ae77;,h77i77b7 for each fiscal year after the first fiscal year beginning after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act shall be equal to the sum of-- 7i7 the allocation of such visas for the most recently completed fiscal year2 and 7ii7 the product of-- 7,i7 the allocation of such visas for the most recently completed fiscal year2 multiplied by 7,,ii7 the ,high ,skilled ,jobs ,demand ,index for such fiscal year calculated under subparagraph 7,c74 7,b7 7i7 ,the number of visas calculated under subparagraph 7,a7 for any fiscal year shall not be less than #aaj1jjj or more than #ahj1jjj4 7ii7 ,the number of visas calculated under subparagraph 7,a7 for any fiscal year may not be more than #aj1jjj more than1 or less than #aj1jjj less than1 the allocation of such visas for the previous fiscal year4 7,c7 ,the ,high ,skilled ,jobs ,demand ,index calculated under this subparagraph for a fiscal year is the percentage equal to the sum of-- 7i7 #a_/b of a fraction-- 7,i7 the numerator of which is the number of nonimmigrant visas under section #aja7;a77#ae77;,h77i77b7 petitioned for during the previous fiscal year minus the numerical limitation of such visas determined under paragraph 7#a7 for the previous fiscal year2 and 7,,ii7 the denominator of which is the numerical limitation of such visas determined under paragraph 7#a7 for the previous fiscal year2 and 7ii7 #a_/b of a fraction-- 7,i7 the numerator of which is the average number of specified unemployed persons for the previous fiscal year minus the average number of specified unemployed persons for such fiscal year2 and 7,,ii7 the denominator of which is the average number of specified unemployed persons for such fiscal year4 7,d7 ,if the actual number of visas under section #aja7;a77#ae77;,h77i77b7 applied for during a previous fiscal year is not available at the time the ,secretary determines the numerical limitation under subparagraph 7,c7 for the following fiscal year1 the ,secretary may estimate such number based on a statistical extrapolation of the number of applications for such visas received at the time such estimate is made4 7,e7 ,for purposes of subparagraph 7,c71 the term specified unemployed persons means1 with respect to any fiscal year1 the number of unemployed persons in the management1 professional1 and related occupations category of the employment report released by the ,bureau of ,labor ,statistics4 4 7b7 ,increase in allocation for ,,stem nonimmigrants ,section #bad7;g77#e77;,c7 7#h ,u4,s4,c4 #aahd7;g77#e77;,c77 is amended to read as follows3 7,c7 has earned a master's or higher1 in a field of science1 technology1 engineering1 or math included in the ,department of ,education's ,classification of ,instructional ,programs taxonomy within the summary groups of computer and information sciences and support services1 engineering1 mathematics and statistics1 and physical sciences1 from a ,united ,states institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a77 until the number of aliens who are exempted from such numerical limitation during such year exceed #be1jjj4 4 7c7 ,publication 7#a7 ,data summarizing petitions ,the ,secretary shall timely upload to a public website data that summarizes the adjudication of nonimmigrant petitions under section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b77 during each fiscal year4 7#b7 ,annual numerical limitation ,as soon as practicable and no later than ,march #b of each fiscal year1 the ,secretary shall publish in the ,federal ,register the numerical limitation determined under section #bad7;g77#a77;,a7 for such fiscal year4 7d7 ,effective date and application ,the amendments made by subsection 7a7 shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this ,act and apply to applications for nonimmigrant visas under section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b77 for such fiscal year4 #dajb4 ,employment authorization for dependents of employment-based nonimmigrants ,section #bad7;c7 7#h ,u4,s4,c4 #aahd7;c77 is amended-- 7#a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7#b7 in paragraph 7#b71 by amending subparagraph 7,e7 to read as follows3 7,e7 7i7 ,in the case of an alien spouse admitted under section #aja7;a77#ae77,l71 who is accompanying or following to join a principal alien admitted under such section1 the ,secretary of ,homeland ,security shall-- 7,i7 authorize the alien spouse to engage in employment in the ,united ,states2 and 7,,ii7 provide the spouse with an employment authorized endorsement or other appropriate work permit4 7ii7 ,in the case of an alien spouse admitted under section #aja7;a77#ae77;,h77i71 who is accompanying or following to join a principal alien admitted under such section1 the ,secretary of ,homeland ,security shall-- 7,i7 authorize the alien spouse to engage in employment in the ,united ,states only if such spouse is a national of a foreign country that permits reciprocal employment2 and 7,,ii7 provide such a spouse with an employment authorized endorsement or other appropriate work permit1 if appropriate4 7iii7 7,i7 ,in clause 7ii71 the term foreign country that permits reciprocal employment means a foreign country that permits a spouse who is a national of the ,united ,states and is accompanying or following to join the employment-based nonimmigrant husband or wife of such spouse to be employed in such foreign country based on that status4 7,,ii7 ,in subclause 7,i71 the term employment-based nonimmigrant means an individual who is admitted to a foreign country to perform employment similar to the employment described in section #aja7;a77#ae77;,h77i77b74 4 #dajc4 ,eliminating impediments to worker mobility 7a7 ,deference to prior approvals ,section #bad7;c7 7#h ,u4,s4,c4 #aahd7;c771 as amended by section #dajb1 is further amended by adding at the end the following3 7#ae7 ,subject to paragraph 7#b77;,d7 and subsection 7g7 and section #ajd7;c7 and subsections 7a7 and 7b7 of section #ajf of the ,american ,competitiveness in the ,twenty-first ,century ,act of #bjjj 7,public ,law #ajf-cac2 #h ,u4,s4,c4 #aahd note71 the ,secretary of ,homeland ,security shall give deference to a prior approval of a petition in reviewing a petition to extend the status of a nonimmigrant admitted under subparagraph 7,h77i77b7 or 7,l7 of section #aja7;a77#ae7 if the petition involves the same alien and petitioner unless the ,secretary determines that-- 7,a7 there was a material error with regard to the previous petition approval2 7,b7 a substantial change in circumstances has taken place2 7,c7 new material information has been discovered that adversely impacts the eligibility of the employer or the nonimmigrant2 or 7,d7 in the ,secretary's discretion1 such extension should not be approved4 4 7b7 ,effect of employment termination ,section #bad7n7 7#h ,u4,s4,c4 #aahd7n77 is amended by adding at the end the following3 7#c7 ,a nonimmigrant admitted under section #aja7;a77#ae77;,h77i77b7 whose employment relationship terminates before the expiration of the nonimmigrant's period of authorized admission shall be deemed to have retained such legal status throughout the entire #fj-;day period beginning on the date such employment is terminated4 ,a nonimmigrant who files a petition to extend1 change1 or adjust their status at any point during such period shall be deemed to have lawful status under section #aja7;a77#ae77;,h77i77b7 while that petition is pending4 4 7c7 ,visa revalidation ,section #bbb7;c7 7#h ,u4,s4,c4 #abjb7;c77 is amended-- 7#a7 by inserting 7#a7 before ,every alien2 and 7#b7 by adding at the end the following3 7#b7 ,the ,secretary of ,state may1 at the ,secretary's discretion1 renew in the ,united ,states the visa of an alien admitted under subparagraph 7,a71 7,e71 7,g71 7,h71 7,i71 7,l71 7,n71 7,o71 7,p71 7,r71 or 7,w7 section #aja7;a77#ae7 if the alien has remained eligible for such status and qualifies for a waiver of interview as provided for in subsection 7h77#a77;,d74 4 7d7 ,interview waivers for low risk visa applicants ,section #bbb7;h77#a7 7#h ,u4,s4,c4 #abjb7;h77#a77 is amended-- 7#a7 in subparagraph 7,b77iv71 by striking or at the end2 7#b7 in subparagraph 7,c77ii71 by striking and at the end and inserting or2 and 7#c7 by adding at the end the following3 7,d7 by the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 for such aliens or classes of aliens-- 7i7 that the ,secretary determines generally represent a low security risk2 7ii7 for which an in-person interview would not add material benefit to the adjudication process2 7iii7 unless the ,secretary of ,state1 after a review of all standard database and biometric checks1 the visa application1 and other supporting documents1 determines that an interview is unlikely to reveal derogatory information2 and 7iv7 except that in every case1 the ,secretary of ,state retains the right to require an applicant to appear for an interview2 and 4 #dajd4 ,,stem ,education and ,training 7a7 ,fee ,section #bab7;a77#e77;,a7 7#h ,u4,s4,c4 #aahb7;a77#e77;,a77 is amended by adding at the end the following3 7v7 ,fee ,an employer shall submit1 along with an application for a certification under this subparagraph1 a fee of #ejj which shall be deposited in the ,,stem ,education and ,training ,account established by section #bhf7s74 4 7b7 ,use of fee ,section #bhf7s7 7#h ,u4,s4,c4 #acef7s77 is amended to read as follows3 7s7 ,,stem ,education and ,training ,account 7#a7 ,in general ,there is established in the general fund of the ,treasury a separate account1 which shall be known as the ,,stem ,education and ,training ,account4 ,notwithstanding any other section of this title1 there shall be deposited as offsetting receipts into the account all fees collected under section #bab7;a77#e77;,a77v74 7#b7 ,low-income stem scholarship program ,sixty percent of the amounts deposited into the ,,stem ,education and ,training ,account shall remain available to the ,director of the ,national ,science ,foundation until expended for scholarships described in section #dad7;d7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#db ,u4,s4,c4 #ahfi;c7 for low-income students enrolled in a program of study leading to a degree in science1 technology1 engineering1 or mathematics4 7#c7 ,national science foundation competitive grant program for k-#ab science1 technology1 engineering and mathematics education 7,a7 ,in general ,fifteen percent of the amounts deposited into the ,,stem ,education and ,training ,account shall remain available to the ,director of the ,national ,science ,foundation until expended to carry out a direct or matching grant program to support improvement in ,k-#ab education1 including through private-public partnerships4 7,b7 ,types of programs covered ,the ,director shall award grants to such programs1 including those which support the development and implementation of standards-based instructional materials models and related student assessments that enable ,k-#ab students to acquire an understanding of science1 technology1 engineering1 and mathematics1 as well as to develop critical thinking skills2 provide systemic improvement in training ,k-#ab teachers and education for students in science1 technology1 engineering1 and mathematics1 including by supporting efforts to promote gender-equality among students receiving such instruction2 support the professional development of ,k-#ab science1 technology1 engineering and mathematics teachers in the use of technology in the classroom2 stimulate system-wide ,k-#ab reform of science1 technology1 engineering1 and mathematics in rural1 economically disadvantaged regions of the ,united ,states2 provide externships and other opportunities for students to increase their appreciation and understanding of science1 technology1 engineering1 and mathematics 7including summer institutes sponsored by an institution of higher education for students in grades #g-ab that provide instruction in such fields72 involve partnerships of industry1 educational institutions1 and community organizations to address the educational needs of disadvantaged communities2 provide college preparatory support to expose and prepare students for careers in science1 technology1 engineering1 and mathematics2 and provide for carrying out systemic reform activities under section #c7;a77#a7 of the ,national ,science ,foundation ,act of #aiej 7#db ,u4,s4,c4 #ahfb7;a77#a774 7#d7 ,stem capacity building at minority-serving institutions 7,a7 ,in general ,twelve percent of the amounts deposited into the ,,stem ,education and ,training ,account shall remain available to the ,director of the ,national ,science ,foundation until expended to establish or expand programs to award grants on a competitive1 merit-reviewed basis to enhance the quality of undergraduate science1 technology1 engineering1 and mathematics education at minority-serving institutions of higher education and to increase the retention and graduation rates of students pursuing degrees in such fields at such institutions4 7,b7 ,types of programs covered ,grants awarded under this paragraph shall be awarded to-- 7i7 minority-serving institutions of higher education for-- 7,i7 activities to improve courses and curriculum in science1 technology1 engineering1 and mathematics2 7,,ii7 efforts to promote gender equality among students enrolled in such courses2 7,,iii7 faculty development2 7,,iv7 stipends for undergraduate students participating in research2 and 7,v7 other activities consistent with subparagraph 7,a71 as determined by the ,director2 and 7ii7 to other institutions of higher education to partner with the institutions described in clause 7i7 for-- 7,i7 faculty and student development and exchange2 7,,ii7 research infrastructure development2 7,,iii7 joint research projects2 and 7,,iv7 identification and development of minority and low-income candidates for graduate studies in science1 technology1 engineering and mathematics degree programs4 7,c7 ,institutions included ,in this paragraph1 the term minority-serving institutions of higher education shall include-- 7i7 colleges eligible to receive funds under the ,act of ,august #cj1 #ahij 7#g ,u4,s4,c4 #cba-cbf;a and #cbh71 including ,tuskegee ,university2 7ii7 #aiid ,institutions1 as defined in section #ecb of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note72 and 7iii7 ,hispanic-serving institutions1 as defined in section #ejb7;a77#e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a7a77#e774 7#e7 ,,stem job training ,ten percent of amounts deposited into the ,,stem ,education and ,training ,account shall remain available to the ,secretary of ,labor until expended for-- 7,a7 demonstration programs and projects described in section #dad7;c7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih2 and 7,b7 training programs in the fields of science1 technology1 engineering1 and mathematics for persons who have served honorably in the ,armed ,forces of the ,united ,states and have retired or are retiring from such service4 7#f7 ,use of fees for duties relating to petitions ,one and one-half percent of the amounts deposited into the ,,stem ,education and ,training ,account shall remain available to the ,secretary of ,homeland ,security until expended to carry out duties under paragraphs 7#a7 7,e7 or 7,f7 of section #bjd7;a7 7related to petitions for immigrants described in section #bjc7;b77 and under paragraphs 7#a7 and 7#i7 of section #bad7;c7 7related to petitions made for nonimmigrants described in section #aja7;a77#ae77;,h77i77b774 7#g7 ,use of fees for application processing and enforcement ,one and one-half percent of the amounts deposited into the ,,stem ,education and ,training ,account shall remain available to the ,secretary of ,labor until expended for decreasing the processing time for applications under section #bab7;a77#e77;,a7 and section #bab7n77#a74 4 ,b ,h-#a;,b visa fraud and abuse protections #a ,h-#a;,b ,employer ,application ,requirements #dbaa4 ,modification of application requirements 7a7 ,general application requirements 7#a7 ,wage rates 7,a7 ,in general ,section #bab7n77#a77;,a7 7#h ,u4,s4,c4 #aahb7n77#a77;,a77 is amended-- 7i7 clause 7i7-- 7,i7 in the matter preceding subclause 7,i71 by inserting if the employer is not an ,h-#a;,b-dependent employer1 before is offering2 7,,ii7 in subclause 7,i71 by striking question1 or and inserting question2 or2 7,,iii7 in subclause 7,,ii71 by striking employment1 and inserting employment2 and 7,,iv7 in the undesignated material following subclause 7,,ii71 by striking application1 and and inserting application22 and 7ii7 by striking clause 7ii7 and inserting the following3 7ii7 if the employer is an ,h-#a;,b-dependent employer1 is offering and will offer to ,h-#a;,b nonimmigrants1 during the period of authorized employment for each ,h-#a;,b nonimmigrant1 wages that are not less than the level #b wages set out in subsection 7p72 and 7iii7 will provide working conditions for ,h-#a;,b nonimmigrants that will not adversely affect the working conditions of other workers similarly employed4 4 7#b7 ,strengthening the prevailing wage system 7,a7 ,in general ,section #bab7p7 7#h ,u4,s4,c4 #aahb7p77 is amended to read as follows3 7p7 ,computation of prevailing wage level 7#a7 ,in general 7,a7 ,surveys ,for employers of nonimmigrants admitted pursuant to section #aja7;a77#ae77;,h77i77b71 the ,secretary of ,labor shall make available to employers a governmental survey to determine the prevailing wage for each occupational classification by metropolitan statistical area in the ,united ,states4 ,such survey1 or other survey approved by the ,secretary of ,labor1 shall provide #c levels of wages commensurate with experience1 education1 and level of supervision4 ,such wage levels shall be determined as follows3 7i7 ,the first level shall be the mean of the lowest two-thirds of wages surveyed1 but in no case less than #hj percent of the mean of the wages surveyed4 7ii7 ,the second level shall be the mean of wages surveyed4 7iii7 ,the third level shall be the mean of the highest two-thirds of wages surveyed4 7,b7 ,educational1 ,nonprofit1 research1 and governmental entities ,in computing the prevailing wage level for an occupational classification in an area of employment for purposes of section #bjc7;b77#a77;,d7 and subsections 7a77#e77;,a71 7n77#a77;,a77i77,,ii71 and 7t77#a77;,a77i77,,ii7 of this section in the case of an employee of-- 7i7 an institution of higher education1 or a related or affiliated nonprofit entity2 or 7ii7 a nonprofit research organization or a governmental research organization2 the prevailing wage level shall only take into account employees at such institutions and organizations in the area of employment4 7#b7 ,payment of prevailing wage ,the prevailing wage level required to be paid pursuant to section #bjc7;b77#a77;,d7 and subsections 7a77#e77;,a71 7n77#a77;,a77i77,,ii71 and 7t77#a77;,a77i77,,ii7 of this section shall be #ajj percent of the wage level determined pursuant to those sections4 7#c7 ,professional athlete ,with respect to a professional athlete 7as defined in subsection 7a77#e77;,a77iii77,,ii77 when the job opportunity is covered by professional sports league rules or regulations1 the wage set forth in those rules or regulations shall be considered as not adversely affecting the wages of ,united ,states workers similarly employed and be considered the prevailing wage4 7#d7 ,wages for ,h-#b;,b employees 7,a7 ,in general ,the wages paid to ,h-#b;,b nonimmigrants employed by the employer will be the greater of-- 7i7 the actual wage level paid by the employer to other employees with similar experience and qualifications for such position2 or 7ii7 the prevailing wage level for the occupational classification of the position in the geographic area of the employment1 based on the best information available as of the time of filing the application4 7,b7 ,best information available ,in subparagraph 7,a71 the term best information available1 with respect to determining the prevailing wage for a position1 means-- 7i7 a controlling collective bargaining agreement or ,federal contract wage1 if applicable2 7ii7 if there is no applicable wage under clause 7i71 the wage level commensurate with the experience1 training1 and supervision required for the job based on ,bureau of ,labor ,statistics data2 or 7iii7 if the data referred to in clause 7ii7 is not available1 a legitimate and recent private survey of the wages paid for such positions in the metropolitan statistical area4 4 7#c7 ,wages for educational1 nonprofit1 research1 and governmental entities ,section #bab is amended by adding at the end the following3 7v7 ,determination of prevailing wage ,in the case of a nonprofit institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a771 a related or affiliated nonprofit entity1 a nonprofit research organization1 or a ,governmental research organization1 the ,secretary of ,labor shall determine such wage levels as follows3 7#a7 ,if the ,secretary of ,labor uses1 or makes available to employers1 a governmental survey to determine the prevailing wage1 such survey shall provide at least #d levels of wages commensurate with experience1 education1 and the level of supervision4 7#b7 ,if an existing government survey has only #b levels1 #b intermediate levels may be created by dividing by #c1 the difference between the #b levels offered1 adding the quotient thus obtained to the first level and subtracting that quotient from the second level 4 7#c7 ,for institutions of higher education1 only teaching positions and research positions may be paid using this special educational wage level4 4 7b7 ,internet posting requirement ,section #bab7n77#a77;,c7 7#h ,u4,s4,c4 #aahb7n77#a77;,c77 is amended-- 7#a7 by redesignating clause 7ii7 as subclause 7,,ii72 7#b7 by striking 7i7 has provided and inserting the following3 7ii7 7,i7 has provided 2 and 7#c7 by striking sought1 or and inserting sought2 or2 7#d7 by inserting before clause 7ii71 as redesignated by paragraph 7#b71 the following3 7i7 has advertised on the ,internet website maintained by the ,secretary of ,labor for the purpose of such advertising1 for at least #cj calendar days1 a detailed description of each position for which a nonimmigrant is sought that includes a description of-- 7,i7 the wage ranges and other terms and conditions of employment2 7,,ii7 the minimum education1 training1 experience1 and other requirements for the position2 and 7,,iii7 the process for applying for the position2 and 4 7c7 ,application of requirements to all employers 7#a7 ,nondisplacement ,section #bab7n77#a77;,e7 7#h ,u4,s4,c4 #aahb7n77#a77;,e77 is amended to read as follows3 7,e7 7i7 7,i7 ,subject to subclause 7,,ii71 in the case of an application filed by an employer that is not an ,h-#a;,b-dependent employer1 the employer did not displace and will not displace a ,united ,states worker 7as defined in paragraph 7#d77 employed by the employer within the period beginning #ij days before and ending #ij days after the date of filing of any visa petition supported by the application4 7,,ii7 ,an employer who is not an ,h-#a;,b-dependent employer shall not be subject to clause 7i7 if the number of ,united ,states workers employed by such employer in the same job zone as the ,h-#a;,b nonimmigrant has not decreased during the #a-year period ending on the date of the labor condition application filed by the employer4 7ii7 7,i7 ,in the case of an application filed by an ,h-#a;,b-dependent employer1 the employer did not displace and will not displace a ,united ,states worker 7as defined in paragraph 7#d77 employed by the employer within the period beginning #ahj days before and ending #ahj days after the date of the filing of any visa petition supported by the application4 7,,ii7 ,an application described in this clause is an application filed on or after the date final regulations are first promulgated to carry out this subparagraph1 and before by an ,h-#a;,b-dependent employer 7as defined in paragraph 7#c77 or by an employer that has been found1 on or after the date of the enactment of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih1 under paragraph 7#b77;,c7 or 7#e7 to have committed a willful failure or misrepresentation during the #e-year period preceding the filing of the application4 7iii7 ,in this subparagraph1 the term job zone means a zone assigned to an occupation by-- 7,i7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7,,ii7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this ,act4 4 7#b7 ,recruitment ,section #bab7n77#a77;,g7 7#h ,u4,s4,c4 #aahb7n77#a77;,g77 is amended to read as follows3 7,g7 ,an employer1 prior to filing the application-- 7i7 has advertised the job on an ,internet website maintained by the ,secretary of ,labor for the purpose of such advertising2 7ii7 has offered the job to any ,united ,states worker who applies and is equally or better qualified for the job for which the nonimmigrant or nonimmigrants is or are sought2 and 7iii7 if the employer is an ,h-#a;,b-dependent employer1 has taken good faith steps to recruit1 in the ,united ,states using procedures that meet industry-wide standards and offering compensation that is at least as great as that required to be offered to ,h-#a;,b nonimmigrants under subparagraph 7,a71 ,united ,states workers for the job for which the nonimmigrant or nonimmigrants is or are sought4 4 7d7 ,outplacement ,section #bab7n77#a77;,f7 7#h ,u4,s4,c4 #aahb7n77#a77;,f77 is amended to read as follows3 7,f7 7i7 ,an ,h-#a;,b-dependent employer may not place1 outsource1 lease1 or otherwise contract for the services or placement of an ,h-#a;,b nonimmigrant employee4 7ii7 ,an employer that is not an ,h-#a;,b-dependent employer and not described in paragraph 7#c77;,a77i7 may not place1 outsource1 lease1 or otherwise contract for the services or placement of an ,h-#a;,b nonimmigrant employee unless the employer pays a fee of #ejj4 7iii7 ,a fee collected under clause 7ii7 shall be deposited in the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 4 7e7 ,h-#a;,b-dependent employer defined ,section #bab7n77#c7 7#h ,u4,s4,c4 #aahb7n77#c77 is amended to read as follows3 7#c7 7,a7 ,for purposes of complying with the requirements related to outplacement of an employee1 the term ,h-#a;,b-dependent employer means an employer that-- 7i7 is not a nonprofit institution of higher education1 a nonprofit research organization1 or an employer whose primary line of business is healthcare and who is petitioning for a physician1 a nurse1 or physical therapist or a substantially equivalent healthcare occupation2 and 7ii7 7,i7 in the case of an employer that has #be or fewer full-time equivalent employees who are employed in the ,united ,states1 employs more than #g ,h-#a;,b nonimmigrants2 7,,ii7 in the case of an employer that has at least #bf but not more than #ej full-time equivalent employees who are employed in the ,united ,states1 employs more than #ab ,h-#a;,b nonimmigrant2 or 7,,iii7 in the case of an employer that has at least #ea full-time equivalent employees who are employed in the ,united ,states1 employs ,h-#a;,b nonimmigrants in a number that is equal to at least #ae percent of the number of such full-time equivalent employees4 7,b7 ,in determining the number of employees who are ,h-#a;,b nonimmigrants under subparagraph 7,a77ii71 an intending immigrant employee shall not count toward such number 4 7f7 ,intending immigrants defined ,section #aja7;a7 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 7,a7 ,the term intending immigrant means1 with respect to the number of aliens employed by an employer1 an alien who intends to work and reside permanently in the ,united ,states1 as evidenced by-- 7i7 for a covered employer1 an approved application for a labor certification or an application that has been pending for longer than #a year2 or 7ii7 a pending or approved immigrant status petition filed for such alien4 7,b7 ,in this paragraph3 7i7 ,the term covered employer means an employer of an alien that1 during the #a-year period ending on the date the employer files an application for the labor certification for such alien1 has filed an immigrant status petition for not less than #ij percent of the aliens for whom the employer filed an application for a labor certification during such period4 ,labor certification applications that have been pending for longer than #a year may be treated for this calculation as if the employer filed an immigrant status petition 7ii7 ,the term labor certification means an employment certification under section #bab7;a77#e77;,a74 7iii7 ,the term immigrant status petition means a petition filed under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;b74 7,c7 ,notwithstanding any other provision of law1 for all-- 7i7 calculations under this ,act of the number of aliens admitted pursuant to subparagraph 7,h77i77b7 or 7,l7 of paragraph 7#ae7 an intending immigrant shall be counted as an alien lawfully admitted for permanent residence and shall not be counted as an employee admitted pursuant to such a subparagraph2 and 7ii7 determinations of the number of employees or ,united ,states workers employed by an employer1 all of the employees in any group treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf shall be counted4 4 #dbab4 ,requirements for admission of nonimmigrant nurses in health professional shortage areas 7a7 ,extension of period of authorized admission ,section #bab7m77#c7 7#h ,u4,s4,c4 #aahb7m77#c77 is amended to read as follows3 7#c7 ,the initial period of authorized admission as a nonimmigrant under section #aja7;a77#ae77;,h77i77c7 shall be #c years1 and may be extended once for an additional #c-year period4 4 7b7 ,number of visas ,section #bab7m77#d7 7#h ,u4,s4,c4 #aahb7m77#d77 is amended by striking #ejj4 and inserting #cjj44 7c7 ,portability ,section #bad7n7 7#h ,u4,s4,c4 #aahd7n771 as amended by section #dajc7;b71 is further amended by adding at the end the following3 7#d7 7,a7 ,a nonimmigrant alien described in subparagraph 7,b7 who was previously issued a visa or otherwise provided nonimmigrant status under section #aja7;a77#ae77;,h77i77c7 is authorized to accept new employment performing services as a registered nurse for a facility described in section #bab7m77#f7 upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection 7c74 ,employment authorization shall continue for such alien until the new petition is adjudicated4 ,if the new petition is denied1 such authorization shall cease4 7,b7 ,a nonimmigrant alien described in this paragraph is a nonimmigrant alien-- 7i7 who has been lawfully admitted into the ,united ,states2 7ii7 on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the ,secretary of ,homeland ,security1 except that1 if a nonimmigrant described in section #aja7;a77#ae77;,h77i77c7 is terminated or laid off by the nonimmigrant's employer1 or otherwise ceases employment with the employer1 such petition for new employment shall be filed during the #de-;day period beginning on the date of such termination1 lay off1 or cessation2 and 7iii7 who1 subsequent to such lawful admission1 has not been employed without authorization in the ,united ,states before the filing of such petition4 4 7d7 ,applicability 7#a7 ,in general ,beginning on the commencement date described in paragraph 7#b71 the amendments made by section #b of the ,nursing ,relief for ,disadvantaged ,areas ,act of #aiii 7,public ,law #ajf-ie2 #aac ,stat4 #acac71 and the amendments made by this section1 shall apply to classification petitions filed for nonimmigrant status4 ,this period shall be in addition to the period described in section #b7;e7 of the ,nursing ,relief for ,disadvantaged ,areas ,act of #aiii 7#h ,u4,s4,c4 #aahb note74 7#b7 ,commencement date ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall determine whether regulations are necessary to implement the amendments made by this section4 ,if the ,secretary determines that no such regulations are necessary1 the commencement date described in this paragraph shall be the date of such determination4 ,if the ,secretary determines that regulations are necessary to implement any amendment made by this section1 the commencement date described in this paragraph shall be the date on which such regulations 7in final form7 take effect4 #dbac4 ,new application requirements ,section #bab7n77#a7 7#h ,u4,s4,c4 #aahb7n77#a77 is amended by inserting after clause 7iii7 of subparagraph 7,g7 1 as amended by section #dbaa7;c77#b71the following3 7,h7 7i7 ,the employer has not advertised any available position specified in the application in an advertisement that states or indicates that-- 7,i7 such position is only available to an individual who is or will be an ,h-#a;,b nonimmigrant or an alien participating in optional practical training pursuant to section #aja7;a77#ae77;,f77i72 or 7,,ii7 an individual who is or will be an ,h-#a;,b nonimmigrant or participant in such optional practical training shall receive priority or a preference in the hiring process for such position4 7ii7 ,the employer has not solely recruited individuals who are or who will be ,h-#a;,b nonimmigrants or participants in optional practical training pursuant to section #aja7;a77#ae77;,f77i7 to fill such position4 7,i7 7i7 ,if the employer 7other than an educational or research employer7 employs #ej or more employees in the ,united ,states1 the sum of the number of such employees who are ,h-#a;,b nonimmigrants plus the number of such employees who are nonimmigrants described in section #aja7;a77#ae77,l7 may not exceed-- 7,i7 #ge percent of the total number of employees1 for fiscal year #bjae2 7,,ii7 #fe percent of the total number of employees1 for fiscal year #bjaf2 and 7,,iii7 #ej percent of the total number of employees1 for each fiscal year after fiscal year #bjaf4 7ii7 ,in this subparagraph3 7,i7 ,the term educational or research employer means an employer that is a nonprofit institution of higher education or a nonprofit research organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code4 7,,ii7 ,the term ,h-#a;,b nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77;,h77i77b74 7,,iii7 ,the term ,l nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77,l7 to provide services to his or her employer involving specialized knowledge4 7iii7 ,in determining the percentage of employees of an employer that are ,h-#a;,b nonimmigrants or ,l nonimmigrants under clause 7i71 an intending immigrant employee shall not count toward such percentage4 7,j7 ,the employer shall submit to the ,secretary of ,homeland ,security an annual report that includes the ,internal ,revenue ,service ,form ,w-#b ,wage and ,tax ,statement filed by the employer for each ,h-#a;,b nonimmigrant employed by the employer during the previous year4 4 #dbad4 ,application review requirements 7a7 ,technical amendment ,section #bab7n77#a7 7#h ,u4,s4,c4 #aahb7n77#a771 as amended by section #dbac1 is further amended in the undesignated paragraph at the end1 by striking ,the employer and inserting the following3 7,k7 ,the employer 4 7b7 ,application review requirements ,subparagraph 7,k7 of such section #bab7n77#a71 as designated by subsection 7a71 is amended-- 7#a7 by inserting and through the ,department of ,labor's website1 without charge4 after ,d4,c42 7#b7 by striking only for completeness and inserting for completeness and evidence of fraud or misrepresentation of material fact12 7#c7 by striking or obviously inaccurate and inserting 1 presents evidence of fraud or misrepresentation of material fact1 or is obviously inaccurate2 7#d7 by striking within #g days of the and inserting not later than #ad after2 and 7#e7 by adding at the end the following3 ,if the ,secretary's review of an application identifies evidence of fraud or misrepresentation of material fact1 the ,secretary may conduct an investigation and hearing in accordance with paragraph 7#b744 7c7 ,filing of petition for nonimmigrant worker ,section #bab7n77#a7 7#h ,u4,s4,c4 #aahb7n77#a771 as amended by section #dbac1 is further amended by adding at the end the following3 7,l7 ,an ,i-#abi ,petition for ,nonimmigrant ,worker 7or similar successor form7-- 7i7 may be filed by an employer with the ,secretary of ,homeland ,security prior to the date the employer receives an approved certification described in section #aja7;a77#ae77;,h77i77b7 from the ,secretary of ,labor2 and 7ii7 may not be approved by the ,secretary of ,homeland ,security until the date such certification is approved4 4 #b ,investigation and ,disposition of ,complaints ,against ,h-#a;,b ,employers #dbba4 ,general modification of procedures for investigation and disposition ,subparagraph 7,a7 of section #bab7n77#b7 7#h ,u4,s4,c4 #aahb7n77#b77 is amended-- 7#a7 by striking 7,a7 ,subject and inserting 7,a77i7 ,subject2 7#b7 by striking #ab months and inserting #bd months2 7#c7 by striking the last sentence2 and 7#d7 by adding at the end the following3 7ii7 7,i7 ,upon the receipt of such a complaint1 the ,secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred4 7,,ii7 ,the ,secretary may conduct voluntary surveys of the degree to which employers comply with the requirements of this subsection4 7,,iii7 ,the ,secretary shall-- 7aa7 conduct annual compliance audits of each employer with more than #ajj employees who work in the ,united ,states if more than #ae percent of such employees are ,h-#a;,b nonimmigrants2 and 7bb7 make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause4 4 #dbbb4 ,investigation1 working conditions1 and penalties ,subparagraph 7,c7 of section #bab7n77#b7 7#h ,u4,s4,c4 #aahb7n77#b77 is amended-- 7#a7 in clause 7i7-- 7,a7 in the matter preceding subclause 7,i7-- 7i7 by striking a condition of paragraph 7#a77;,b71 7#a77;,e71 or 7#a77;,f7 and inserting a condition under subparagraph 7,a71 7,b71 7,c77i71 7,e71 7,f71 7,g77i77,i71 7,h71 7,i71 or 7,j7 of paragraph 7#a72 and 7ii7 by striking 7#a77;,c7 and inserting 7#a77;,c77ii72 7,b7 in subclause 7,i7-- 7i7 by striking #a1jjj and inserting #b1jjj2 and 7ii7 by striking and at the end2 7,c7 in subclause 7,,ii71 by striking the period at the end and inserting a semicolon and and2 and 7,d7 by adding at the end the following3 7,,iii7 an employer that violates such subparagraph 7,a7 shall be liable to any employee harmed by such violations for lost wages and benefits4 2 and 7#b7 in clause 7ii7-- 7,a7 in subclause 7,i7-- 7i7 by striking may and inserting shall2 and 7ii7 by striking #e1jjj and inserting #aj1jjj2 7,b7 in subclause 7,,ii71 by striking the period at the end and inserting a semicolon and and2 and 7,c7 by adding at the end the following3 7,,iii7 an employer that violates such subparagraph 7,a7 shall be liable to any employee harmed by such violations for lost wages and benefits4 2 7#c7 in clause 7iii7-- 7,a7 in the matter preceding subclause 7,i71 by striking #ij days both places it appears and inserting #ahj days2 7,b7 in subclause 7,i7-- 7i7 by striking may and inserting shall2 and 7ii7 by striking and at the end2 7,c7 in subclause 7,,ii71 by striking the period at the end and inserting a semicolon and and2 and 7,d7 by adding at the end the following3 7,,iii7 an employer that violates subparagraph 7,a7 of such paragraph shall be liable to any employee harmed by such violations for lost wages and benefits4 2 7#d7 in clause 7iv7-- 7,a7 by inserting to take1 or threaten to take1 a personnel action1 or before to intimidate2 7,b7 by inserting 7,i7 after 7iv72 and 7,c7 by adding at the end the following3 7,,ii7 ,an employer that violates this clause shall be liable to any ,h-#a;,b nonimmigrant employee harmed by such violation for lost wages and benefits4 2 and 7#e7 in clause 7vi7-- 7,a7 by amending subclause 7,i7 to read as follows3 7,i7 ,it is a violation of this clause for an employer who has filed an application under this subsection-- 7aa7 to require an ,h-#a;,b nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer 7the ,secretary shall determine whether a required payment is a penalty1 and not liquidated damages1 pursuant to relevant ,state law72 and 7bb7 to fail to offer to an ,h-#a;,b nonimmigrant1 during the nonimmigrant's period of authorized employment1 on the same basis1 and in accordance with the same criteria1 as the employer offers to similarly situated ,united ,states workers1 benefits and eligibility for benefits1 including-- 7,,aa7 the opportunity to participate in health1 life1 disability1 and other insurance plans2 7,,bb7 the opportunity to participate in retirement and savings plans2 and 7,,cc7 cash bonuses and noncash compensation1 such as stock options 7whether or not based on performance74 2 and 7,b7 in subclause 7,,iii71 by striking #a1jjj and inserting #b1jjj4 #dbbc4 ,initiation of investigations ,subparagraph 7,g7 of section #bab7n77#b7 7#h ,u4,s4,c4 #aahb7n77#b77 is amended-- 7#a7 in clause 7i71 by striking if the ,secretary and all that follows and inserting with regard to the employer's compliance with the requirements of this subsection42 7#b7 in clause 7ii71 by striking and whose identity and all that follows through failure or failures4 and inserting the ,secretary of ,labor may conduct an investigation into the employer's compliance with the requirements of this subsection42 7#c7 in clause 7iii71 by striking the last sentence2 7#d7 by striking clauses 7iv7 and 7v72 7#e7 by redesignating clauses 7vi71 7vii71 and 7viii7 as clauses 7iv71 7v71 and 7vi71 respectively2 7#f7 in clause 7iv71 as so redesignated1 by striking meet a condition described in clause 7ii71 unless the ,secretary of ,labor receives the information not later than #ab months and inserting comply with the requirements under this subsection1 unless the ,secretary of ,labor receives the information not later than #bd months2 7#g7 by amending clause 7v71 as so redesignated1 to read as follows3 7v7 ,the ,secretary of ,labor shall provide notice to an employer of the intent to conduct an investigation4 ,the notice shall be provided in such a manner1 and shall contain sufficient detail1 to permit the employer to respond to the allegations before an investigation is commenced4 ,the ,secretary is not required to comply with this clause if the ,secretary determines that such compliance would interfere with an effort by the ,secretary to investigate or secure compliance by the employer with the requirements of this subsection4 ,a determination by the ,secretary under this clause shall not be subject to judicial review4 2 7#h7 in clause 7vi71 as so redesignated1 by striking ,an investigation and all that follows through the determination4 and inserting ,if the ,secretary of ,labor1 after an investigation under clause 7i7 or 7ii71 determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection1 the ,secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section #eef of title #e1 ,united ,states ,code1 not later than #abj days after the date of such determination42 and 7#i7 by adding at the end the following3 7vii7 ,if the ,secretary of ,labor1 after a hearing1 finds a reasonable basis to believe that the employer has violated the requirements under this subsection1 the ,secretary shall impose a penalty under subparagraph 7,c74 4 #dbbd4 ,information sharing ,subparagraph 7,h7 of section #bab7n77#b7 7#h ,u4,s4,c4 #aahb7n77#b77 is amended to read as follows3 7,h7 ,the ,director of ,united ,states ,citizenship and ,immigration ,services shall provide the ,secretary of ,labor with any information contained in the materials submitted by employers of ,h-#a;,b nonimmigrants as part of the adjudication process that indicates that the employer is not complying with visa program requirements for ,h-#a;,b nonimmigrants4 ,the ,secretary may initiate and conduct an investigation related to ,h-#a;,b nonimmigrants and hearing under this paragraph after receiving information of noncompliance under this subparagraph4 ,this subparagraph may not be construed to prevent the ,secretary of ,labor from taking action related to wage and hour and workplace safety laws4 4 #c ,other protections #dbca4 ,posting available positions through the ,department of ,labor 7a7 ,department of ,labor website ,section #bab7n7 7#h ,u4,s4,c4 #aahb7n77 is amended by adding at the end following3 7#f7 7,a7 ,not later than #ij days after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act1 the ,secretary of ,labor shall establish a searchable ,internet website for posting positions as required by paragraph 7#a77;,c74 ,such website shall be available to the public without charge4 7,b7 ,the ,secretary may work with private companies or nonprofit organizations to develop and operate the ,internet website described in subparagraph 7,a74 7,c7 ,the ,secretary may promulgate rules1 after notice and a period for comment1 to carry out the requirements of this paragraph4 4 7b7 ,requirement for publication ,the ,secretary of ,labor shall submit to ,congress and publish in the ,federal ,register and other appropriate media a notice of the date that the ,internet website required by paragraph 7#f7 of section #bab7n7 of such ,act1 as amended by subsection 7a71 will be operational4 7c7 ,application ,the amendments made by subsection 7a7 shall apply to an application filed on or after the date that is #cj days after the date described in subsection 7b74 #dbcb4 ,h-#a;,b government authority and requirements 7a7 ,immigration documents ,section #bjd 7#h ,u4,s4,c4 #aaed7 is amended by adding at the end the following3 7m7 ,employer ,to provide immigration paperwork exchanged with ,federal agencies 7#a7 ,in general ,not later than #cj days after a ,labor ,condition ,application is filed1 an employer shall provide an employee or beneficiary of such ,application who is or seeking to be an nonimmigrant described in subparagraph 7,h77i77b7 of 7,l7 of section #aja7;a77#ae7 with a copy the original of all applications and petitions filed by the employer with the ,department of ,labor or the ,department of ,homeland ,security for such employee or beneficiary4 7#b7 ,withholding of financial or proprietary information ,if a document required to be provided to an employee or beneficiary under paragraph 7#a7 includes any financial or propriety information of the employer1 the employer may redact such information from the copies provided to such employee or beneficiary4 4 7b7 ,report on job classification and wage determinations ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare a report analyzing the accuracy and effectiveness of the ,secretary of ,labor's current job classification and wage determination system4 ,the report shall-- 7#a7 specifically address whether the systems in place accurately reflect the complexity of current job types as well as geographic wage differences2 and 7#b7 make recommendations concerning necessary updates and modifications4 #dbcc4 ,requirements for information for ,h-#a;,b and ,l nonimmigrants ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by section #cfjh1 is further amended by adding at the end the following3 7t7 ,requirements for information for ,h-#a;,b and ,l nonimmigrants 7#a7 ,in general ,upon issuing a visa to an applicant for nonimmigrant status pursuant to subparagraph 7,h77i77b7 or 7,l7 of section #aja7;a77#ae7 who is outside the ,united ,states1 the issuing office shall provide the applicant with-- 7,a7 a brochure outlining the obligations of the applicant's employer and the rights of the applicant with regard to employment under ,federal law1 including labor and wage protections2 and 7,b7 the contact information for appropriate ,federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights4 7#b7 ,provision of material ,upon the approval of an application of an applicant referred to in paragraph 7#a71 the applicant shall be provided with the material described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7-- 7,a7 by the issuing officer of the ,department of ,homeland ,security1 if the applicant is inside the ,united ,states2 or 7,b7 by the appropriate official of the ,department of ,state1 if the applicant is outside the ,united ,states4 4 #dbcd4 ,filing fee for ,h-#a;,b-dependent employers 7a7 ,in general ,notwithstanding any other provision of law1 there shall be a fee required to be submitted by an employer with an application for admission of an ,h-#a;,b nonimmigrant as follows3 7#a7 ,for each of the fiscal years #bjae through #bjbd1 #e1jjj for applicants that employ #ej or more employees in the ,united ,states if more than #cj percent and less than #ej percent of the applicant's employees are ,h-#a;,b nonimmigrants or ,l nonimmigrants4 7#b7 ,for each of the fiscal years #bjae through #bjag1 #aj1jjj for applicants that employ #ej or more employees in the ,united ,states if more than #ej percent and less than #ge percent of the applicant's employees are ,h-#a;,b nonimmigrants or ,l nonimmigrants4 7b7 ,definitions ,in this section3 7#a7 ,employer ,the term employer-- 7,a7 means any entity or entities treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf2 and 7,b7 does not include a nonprofit institution of higher education or a nonprofit research organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code that is-- 7i7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 or 7ii7 a research organization4 7#b7 ,h-#a;,b nonimmigrant ,the term ,h-#a;,b nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b774 7#c7 ,intending immigrant ,the term intending immigrant has the meaning given that term in paragraph 7#ec7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a774 7#d7 ,l nonimmigrant ,the term ,l nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77,l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,l77 to provide services to the alien's employer involving specialized knowledge4 7c7 ,exception for intending immigrants ,in determining the percentage of employees of an employer that are ,h-#a;,b nonimmigrants or ,l nonimmigrants under subsection 7a71 an intending immigrant employee shall not count toward such percentage4 7d7 ,conforming amendment ,section #djb of the ,act entitled ,an ,act making emergency supplemental appropriations for border security for the fiscal year ending ,september #cj1 #bjaj1 and for other purposes1 approved ,august #ac1 #bjaj 7,public ,law #aaa-bcj2 #h ,u4,s4,c4 #aaja note7 is amended by striking subsection 7b74 #dbce4 ,providing premium processing of employment-based visa petitions ,pursuant to section #bhf7u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7u771 the ,secretary shall establish and collect-- 7#a7 a fee for premium processing of employment-based immigrant petitions2 and 7#b7 a fee for premium processing of an administrative appeal of any decision on a permanent employment-based immigrant petition4 #dbcf4 ,technical correction ,section #bab 7#h ,u4,s4,c4 #aahb7 is amended by redesignating the second subsection 7t71 as added by section #a7;b77#b77;,b7 of the ,act entitled ,an ,act to amend and extend the ,irish ,peace ,process ,cultural and ,training ,program ,act of #aiih 7,public ,law #ajh-ddi 7#aah ,stat4 #cdgj771 as subsection 7u74 #dbcg4 ,application ,except as specifically otherwise provided1 the amendments made by this subtitle shall apply to applications filed on or after the date of the enactment of this ,act4 ,c ,l visa fraud and abuse protections #dcja4 ,prohibition on outplacement of ,l nonimmigrants ,subparagraph 7,f7 of section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b77 is amended to read as follows3 7,f7 ,the employer of an alien described in section #aja7;a77#ae77,l7 shall not place1 outsource1 lease1 or otherwise contract for the services or placement of such alien with another employer unless-- 7i7 the other employer is an affiliate1 subsidiary1 or parent entity of the petitioning employer2 7ii7 such alien will not be controlled or supervised principally by the employer with whom such alien would be placed2 7iii7 the placement of such alien at the worksite of the other employer1 who is not described in clause 7i71 is not essentially an arrangement to provide labor for hire for the other employer2 and 7iv7 the other employer attests that the other employer has not displaced and will not displace a ,united ,states worker during the period beginning #ij days prior to and #ij days after the date the employer files the application4 4 #dcjb4 ,l employer petition requirements for employment at new offices ,section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b77 is amended by adding at the end the following3 7,g7 7i7 ,if the beneficiary of a petition under this paragraph is coming to the ,united ,states to open1 or be employed in1 a new office1 the petition may be approved for up to #ab months only if-- 7,i7 the alien has not been the beneficiary of #b or more petitions under this subparagraph during the immediately preceding #b years2 and 7,,ii7 the employer operating the new office has-- 7aa7 an adequate business plan2 7bb7 sufficient physical premises to carry out the proposed business activities2 and 7cc7 the financial ability to commence doing business immediately upon the approval of the petition4 7ii7 ,an extension of the approval period under clause 7i7 may not be granted until the importing employer submits an application to the ,secretary of ,homeland ,security that contains-- 7,i7 evidence that the importing employer meets the requirements of this subsection2 7,,ii7 evidence that the beneficiary of the petition is eligible for nonimmigrant status under section #aja7;a77#ae77,l72 7,,iii7 a statement summarizing the original petition2 7,,iv7 evidence that the importing employer has complied with the business plan submitted under clause 7i77,i72 7,v7 evidence of the truthfulness of any representations made in connection with the filing of the original petition2 7,,vi7 evidence that the importing employer has been doing business at the new office through regular1 systematic1 and continuous provision of goods and services2 7,,vii7 a statement of the duties the beneficiary has performed at the new office during the approval period under clause 7i7 and the duties the beneficiary will perform at the new office during the extension period granted under this clause2 7,,viii7 a statement describing the staffing at the new office1 including the number of employees and the types of positions held by such employees2 7,,ix7 evidence of wages paid to employees2 7,x7 evidence of the financial status of the new office2 and 7,,xi7 any other evidence or data prescribed by the ,secretary4 7iii7 ,a new office employing the beneficiary of an ,l-#a petition approved under this paragraph shall do business only through regular1 systematic1 and continuous provision of goods and services4 7iv7 ,notwithstanding clause 7ii71 and subject to the maximum period of authorized admission set forth in subparagraph 7,d71 the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 may approve a subsequently filed petition on behalf of the beneficiary to continue employment at the office described in this subparagraph for a period beyond the initially granted #ab-month period if the importing employer has been doing business at the new office through regular1 systematic1 and continuous provision of goods and services for the #f months immediately preceding the date of extension of petition filing and demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances1 as determined by the ,secretary in the ,secretary's discretion4 4 #dcjc4 ,cooperation with ,secretary of ,state ,section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by section #dcjb1 is further amended by adding at the end the following3 7,h7 ,for purposes of approving petitions under this paragraph1 the ,secretary of ,homeland ,security shall work cooperatively with the ,secretary of ,state to verify the existence or continued existence of a company or office in the ,united ,states or in a foreign country4 4 #dcjd4 ,limitation on employment of ,l nonimmigrants ,section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #dcjb and #dcjc1 is further amended by adding at the end the following3 7,i7 7i7 ,if the employer employs #ej or more employees in the ,united ,states1 the sum of the number of such employees who are ,h-#a;,b nonimmigrants plus the number of such employees who are ,l nonimmigrants may not exceed-- 7,i7 #ge percent of the total number of employees1 for fiscal year #bjae2 7,,ii7 #fe percent of the total number of employees1 for fiscal year #bjaf2 and 7,,iii7 #ej percent of the total number of employees1 for each fiscal year after fiscal year #bjaf4 7ii7 ,in this subparagraph3 7,i7 ,the term employer does not include a nonprofit institution of higher education or a nonprofit research organization_/an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code that is-- 7aa7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 or 7bb7 a research organization4 7,,ii7 ,the term ,h-#a;,b nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77;,h77i77b74 7,,iii7 ,the term ,l nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77,l7 to provide services to the alien's employer involving specialized knowledge4 7iii7 ,in determining the percentage of employees of an employer that are ,h-#a;,b nonimmigrants or ,l nonimmigrants under clause 7i71 an intending immigrant employee shall not count toward such percentage4 4 #dcje4 ,filing fee for ,l nonimmigrants 7a7 ,in general ,notwithstanding any other provision of law1 the filing fee for an application for admission of an ,l nonimmigrant shall be as follows3 7#a7 ,for each of the fiscal years #bjad through #bjbd1 #e1jjj for applicants that employ #ej or more employees in the ,united ,states if more than #cj percent and less than #ej percent of the applicant's employees are ,h-#a;,b nonimmigrants or ,l nonimmigrants4 7#b7 ,for each of the fiscal years #bjad through #bjag1 #aj1jjj for applicants that employ #ej or more employees in the ,united ,states if more than #ej percent and less than #ge percent of the applicant's employees are ,h-#a;,b nonimmigrants or ,l nonimmigrants4 7b7 ,definitions ,in this section3 7#a7 ,employer ,the term employer does not include a nonprofit institution of higher education or a nonprofit research organization_/an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code that is-- 7,a7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 or 7,b7 a research organization4 7#b7 ,h-#a;,b nonimmigrant ,the term ,h-#a;,b nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b774 7#c7 ,l nonimmigrant ,the term ,l nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77,l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,l77 to provide services to the alien's employer involving specialized knowledge4 7c7 ,exception for intending immigrants ,in determining the percentage of employees of an employer that are ,h-#a;,b nonimmigrants or ,l nonimmigrants under subsection 7a71 an intending immigrant employee shall not count toward such percentage4 7d7 ,conforming amendment ,section #djb of the ,act entitled ,an ,act making emergency supplemental appropriations for border security for the fiscal year ending ,september #cj1 #bjaj1 and for other purposes1 approved ,august #ac1 #bjaj 7,public ,law #aaa-bcj2 #h ,u4,s4,c4 #aaja note71 as amended by section #dbcd7;d71 is further amended by striking subsections 7a7 and 7c74 #dcjf4 ,investigation and disposition of complaints against ,l nonimmigrant employers ,section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #dcjb1 #dcjc1 and #dcjd is further amended by adding at the end the following3 7,j7 7i7 ,the ,secretary of ,homeland ,security may initiate an investigation of any employer that employs nonimmigrants described in section #aja7;a77#ae77,l7 with regard to the employer's compliance with the requirements of this subsection4 7ii7 7,i7 ,if the ,secretary receives specific credible information from a source who is likely to have knowledge of an employer's practices1 employment conditions1 or compliance with the requirements under this subsection1 the ,secretary may conduct an investigation into the employer's compliance with the requirements of this subsection4 7,,ii7 ,the ,secretary may withhold the identity of a source referred to in subclause 7,i7 from an employer and the identity of such source shall not be subject to disclosure under section #eeb of title #e1 ,united ,states ,code4 7iii7 ,the ,secretary shall establish a procedure for any person desiring to provide to the ,secretary information described in clause 7ii77,i7 that may be used1 in whole or in part1 as the basis for the commencement of an investigation described in such clause1 to provide the information in writing on a form developed and provided by the ,secretary and completed by or on behalf of the person4 7iv7 ,no investigation described in clause 7ii77,i7 7or hearing described in clause 7vi7 based on such investigation7 may be conducted with respect to information about a failure to comply with the requirements under this subsection1 unless the ,secretary receives the information not later than #bd months after the date of the alleged failure4 7v7 7,i7 ,subject to subclause 7,,iii71 before commencing an investigation of an employer under clause 7i7 or 7ii71 the ,secretary shall provide notice to the employer of the intent to conduct such investigation4 7,,ii7 ,the notice required by subclause 7,i7 shall be provided in such a manner1 and shall contain sufficient detail1 to permit the employer to respond to the allegations before an investigation is commenced4 7,,iii7 ,the ,secretary is not required to comply with this clause if the ,secretary determines that to do so would interfere with an effort by the ,secretary to investigate or secure compliance by the employer with the requirements of this subsection4 7,,iv7 ,there shall be no judicial review of a determination by the ,secretary under this clause4 7vi7 ,if the ,secretary1 after an investigation under clause 7i7 or 7ii71 determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection1 the ,secretary shall provide the interested parties with notice of such determination and an opportunity for a hearing in accordance with section #eef of title #e1 ,united ,states ,code1 not later than #abj days after the date of such determination4 ,if such a hearing is requested1 the ,secretary shall make a finding concerning the matter by not later than #abj days after the date of the hearing4 7vii7 ,if the ,secretary1 after a hearing1 finds a reasonable basis to believe that the employer has violated the requirements under this subsection1 the ,secretary shall impose a penalty under subparagraph 7,k74 7viii7 7,i7 ,the ,secretary may conduct surveys of the degree to which employers comply with the requirements under this section4 7,,ii7 ,the ,secretary shall-- 7aa7 conduct annual compliance audits of each employer with more than #ajj employees who work in the ,united ,states if more than #ae percent of such employees are nonimmigrants described in #aja7;a77#ae77,l72 and 7bb7 make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause4 4 #dcjg4 ,penalties ,section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #dcjb1 #dcjc1 #dcjd1 and #dcjf1 is further amended by adding at the end the following3 7,k7 7i7 ,if the ,secretary of ,homeland ,security finds1 after notice and an opportunity for a hearing1 a failure by an employer to meet a condition under subparagraph 7,f71 7,g71 or 7,l7 or a misrepresentation of material fact in a petition to employ #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 the ,secretary shall impose such administrative remedies 7including civil monetary penalties in an amount not to exceed #b1jjj per violation7 as the ,secretary determines to be appropriate2 7,,ii7 the ,secretary may not1 during a period of at least #a year1 approve a petition for that employer to employ #a or more aliens as such nonimmigrants2 and 7,,iii7 in the case of a violation of subparagraph 7,j71 the employer shall be liable to the employees harmed by such violation for lost wages and benefits4 7ii7 ,if the ,secretary finds1 after notice and an opportunity for a hearing1 a willful failure by an employer to meet a condition under subparagraph 7,f71 7,g71 or 7,l7 or a willful misrepresentation of material fact in a petition to employ #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 the ,secretary shall impose such administrative remedies 7including civil monetary penalties in an amount not to exceed #aj1jjj per violation7 as the ,secretary determines to be appropriate2 7,,ii7 the ,secretary may not1 during a period of at least #b years1 approve a petition filed for that employer to employ #a or more aliens as such nonimmigrants2 and 7,,iii7 in the case of a violation of subparagraph 7,j71 the employer shall be liable to the employees harmed by such violation for lost wages and benefits4 4 #dcjh4 ,prohibition on retaliation against ,l nonimmigrants ,section #bad7;c77#b7 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #dcjb1 #dcjc1 #dcjc1 #dcjf1 and #dcjg1 is further amended by adding at the end the following3 7,l7 7i7 ,it is a violation of this subparagraph for an employer who has filed a petition to import #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7 to take1 fail to take1 or threaten to take or fail to take1 a personnel action1 or to intimidate1 threaten1 restrain1 coerce1 blacklist1 discharge1 or discriminate in any other manner against an employee because the employee-- 7,i7 has disclosed information that the employee reasonably believes evidences a violation of this subsection1 or any rule or regulation pertaining to this subsection2 or 7,,ii7 cooperates or seeks to cooperate with the requirements of this subsection1 or any rule or regulation pertaining to this subsection4 7ii7 ,in this subparagraph1 the term employee includes-- 7,i7 a current employee2 7,,ii7 a former employee2 and 7,,iii7 an applicant for employment4 4 #dcji4 ,reports on ,l nonimmigrants ,section #bad7;c77#h7 7#h ,u4,s4,c4 #aahd7;c77#h77 is amended by inserting 7,l71 after 7,h714 #dcaj4 ,application ,the amendments made by this subtitle shall apply to applications filed on or after the date of the enactment of this ,act4 #dcaa4 ,report on ,l blanket petition process 7a7 ,requirement for report ,not later than #f months after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,homeland ,security shall submit to the appropriate committees of ,congress a report regarding the use of blanket petitions under section #bad7;c77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77;,a774 ,such report shall assess the efficiency and reliability of the process for reviewing such blanket petitions1 including whether the process includes adequate safeguards against fraud and abuse4 7b7 ,appropriate committees of ,congress ,in this section the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 the ,committee on the ,judiciary of the ,senate2 7#c7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7#d7 the ,committee on the ,judiciary of the ,house of ,representatives4 ,d ,other nonimmigrant visas #ddja4 ,nonimmigrant visas for students 7a7 ,authorization of dual intent for ,f nonimmigrants seeking bachelor's or graduate degrees 7#a7 ,in general ,section #aja7;a77#ae77;,f7 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77 is amended to read as follows3 7,f7 7i7 an alien having a residence in a foreign country who is a bona fide student qualified to pursue a full course of study and who seeks to enter the ,united ,states temporarily and solely for the purpose of pursuing such a course of study consistent with section #bad7m7 at an accredited college1 university1 or language training program1 or at an established seminary1 conservatory1 academic high school1 elementary school1 or other academic institution in the ,united ,states1 particularly designated by the alien and approved by the ,secretary of ,homeland ,security after consultation with the ,secretary of ,education1 which institution or place of study shall have agreed to report to the ,secretary of ,homeland ,security the termination of attendance of each nonimmigrant student1 and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn1 except that such an alien who is not seeking to pursue a degree that is a bachelor's degree or a graduate degree shall have a residence in a foreign country that the alien has no intention of abandoning2 7ii7 the alien spouse and minor children of any alien described in clause 7i7 if accompanying or following to join such an alien2 and 7iii7 an alien who is a national of ,canada or ,mexico1 who maintains actual residence and place of abode in the country of nationality1 who is described in clause 7i7 except that the alien's qualifications for and actual course of study may be full or part-time1 and who commutes to the ,united ,states institution or place of study from ,canada or ,mexico4 4 7#b7 ,presumption of status2 intention ,to abandon foreign residence ,section #bad 7#h ,u4,s4,c4 #aahd7 is amended-- 7,a7 in subsection 7b71 by striking 7,l7 or 7,v7 and inserting 7,f71 7,l71 or 7,v72 and 7,b7 in subsection 7h71 by striking 7,h77i77b7 or 7c71 and inserting 7,f71 7,h77i77b71 7,h77i77c714 7b7 ,accreditation requirement for colleges and universities ,section #aja7;a77#eb7 7#h ,u4,s4,c4 #aaja7;a77#eb77 is amended to read as follows3 7#eb7 ,except as provided in section #bad7m77#d71 the term accredited college1 university1 or language training program means a college1 university1 or language training program that is accredited by an accrediting agency recognized by the ,secretary of ,education4 4 7c7 ,other requirements for academic institutions ,section #bad7m7 7#h ,u4,s4,c4 #aahd7m77 is amended by adding at the end the following3 7#c7 ,the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 may require accreditation of an academic institution 7except for seminaries or other religious institutions7 for purposes of section #aja7;a77#ae77;,f7 if-- 7,a7 that institution is not already required to be accredited under section #aja7;a77#ae77;,f77i72 7,b7 an appropriate accrediting agency recognized by the ,secretary of ,education is able to provide such accreditation2 and 7,c7 the institution has or will have #be or more alien students accorded status as nonimmigrants under clause 7i7 or 7iii7 of section #aja7;a77#ae77;,f7 pursuing a course of study at that institution4 7#d7 ,the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 may waive the accreditation requirement in section #aja7;a77#ae77;,f77i7 with respect to an established college1 university1 or language training program if the academic institution-- 7,a7 is otherwise in compliance with the requirements of such section2 and 7,b7 is making a good faith effort to satisfy the accreditation requirement4 7#e7 7,a7 ,no person convicted of an offense referred to in subparagraph 7,b7 shall be permitted by any academic institution having authorization for attendance by nonimmigrant students under section #aja7;a77#ae77;,f77i7 to be involved with the institution as its principal1 owner1 officer1 board member1 general partner1 or other similar position of substantive authority for the operations or management of the institution1 including serving as an individual designated by the institution to maintain records required by the ,student and ,exchange ,visitor ,information ,system established under section #fda of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb74 7,b7 ,an offense referred to in this subparagraph includes a violation1 punishable by a term of imprisonment of more than #a year1 of any of the following3 7i7 ,chapter #gg of title #ah1 ,united ,states ,code 7relating to peonage1 slavery and trafficking in persons74 7ii7 ,chapter #aag of title #ah1 ,united ,states ,code 7relating to transportation for illegal sexual activity and related crimes74 7iii7 ,section #bgd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7 7relating to unlawful bringing of aliens into the ,united ,states74 7iv7 ,section #aedf of title #ah1 ,united ,states ,code 7relating to fraud and misuse of visas1 permits1 and other documents7 relating to an academic institution's participation in the ,student and ,exchange ,visitor ,program4 4 7d7 ,conforming amendment ,section #bab7;a77#f77;,g7 7#h ,u4,s4,c4 #aahb7;a77#f77;,g77 is amended by striking section #bad7l7 and inserting section #bad7m74 7e7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by subsections 7a71 7b71 and 7c7-- 7,a7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act2 and 7,b7 shall apply with respect to applications for a nonimmigrant visa under section #aja7;a77#ae77;,f77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77i77 that are filed on or after the effective date described in subparagraph 7,a74 7#b7 ,temporary exception 7,a7 ,in general ,during the #c-year period beginning on the date of the enactment of this ,act1 an alien seeking to enter the ,united ,states to pursue a course of study at a college or university that has been certified by the ,secretary may be granted a nonimmigrant visa under clause 7i7 or clause 7iii7 of section #aja7;a77#ae77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77 without regard to whether or not that college or university has been accredited or been denied accreditation by an entity described in section #aja7;a77#eb7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#eb771 as amended by subsection 7b74 7,b7 ,additional requirement ,an alien may not be granted a nonimmigrant visa under subparagraph 7,a7 if the college or university to which the alien seeks to enroll does not-- 7i7 submit an application for the accreditation of such institution to a regional or national accrediting agency recognized by the ,secretary of ,education on or before the date that is #a year after the effective date described in paragraph 7#a77;,a72 and 7ii7 comply with the applicable accrediting requirements of such agency4 #ddjb4 ,classification for specialty occupation workers from free trade countries 7a7 ,nonimmigrant status ,section #aja7;a77#ae77;,e77#h ,u4,s4,c4 #aaja7;a77#ae77;,e77 is amended-- 7#a7 in the matter preceding clause 7i71 by inserting 1 bilateral investment treaty1 or free trade agreement after treaty of commerce and navigation2 7#b7 in clause 7ii71 by striking or at the end2 and 7#c7 by adding at the end the following3 7iv7 solely to perform services in a specialty occupation in the ,united ,states if the alien is a national of a country1 other than ,chile1 ,singapore1 or ,australia1 with which the ,united ,states has entered into a free trade agreement 7regardless of whether such an agreement is a treaty of commerce and navigation7 and with respect to whom the ,secretary of ,labor determines and certifies to the ,secretary of ,homeland ,security and the ,secretary of ,state that the intending employer has filed with the ,secretary of ,labor an attestation under section #bab7t72 or 7v7 solely to perform services in a specialty occupation in the ,united ,states if the alien is a national of the ,republic of ,korea and with respect to whom the ,secretary of ,labor determines and certifies to the ,secretary of ,homeland ,security and the ,secretary of ,state that the intending employer has filed with the ,secretary of ,labor an attestation under section #bab7t72 4 7b7 ,free trade agreements ,section #bad7;g7 7#h ,u4,s4,c4 #aahd7;g77 is amended by adding at the end the following3 7#ab7 7,a7 ,the free trade agreements referred to in section #aja7;a77#ae77;,e77iv7 are defined as any free trade agreement designated by the ,secretary of ,homeland ,security with the concurrence of the ,united ,states ,trade ,representative and the ,secretary of ,state4 7,b7 ,the ,secretary of ,state may not approve a number of initial applications submitted for aliens described in section #aja7;a77#ae77;,e77iv7 that is more than #e1jjj per fiscal year for each country with which the ,united ,states has entered into a ,free ,trade ,agreement4 7,c7 ,the applicable numerical limitation referred to in subparagraph 7,a7 shall apply only to principal aliens and not to the spouses or children of such aliens4 4 7c7 ,nonimmigrant professionals ,section #bab7t7 7#h ,u4,s4,c4 #aahb7t77 is amended by striking section #aja7;a77#ae77;,e77iii7 each place that term appears and inserting clause 7iii7 or 7iv7 of section #aja7;a77#ae77;,e74 #ddjc4 ,e-visa reform 7a7 ,nonimmigrant category ,section #aja7;a77#ae77;,e77iii7 7#h ,u4,s4,c4 #aaja7;a77#ae77;,e77iii77 is amended by inserting 1 or solely to perform services as an employee and who has at least a high school education or its equivalent1 or has1 within #e years1 at least #b years of work experience in an occupation which requires at least #b years of training or experience if the alien is a national of the ,republic of ,ireland1 after ,australia4 7b7 ,temporary admission ,section #bab7;d77#c77;,a7 7#h ,u4,s4,c4 #aahb7;d77#c77;,a77 is amended to read as follows3 7,a7 ,except as otherwise provided in this subsection-- 7i7 an alien who is applying for a nonimmigrant visa and who the consular officer knows or believes to be ineligible for such visa under subsection 7a7 7other than subparagraphs 7,a77i77,i71 7,a77ii71 7,a77iii71 7,c71 7,e77i71 and 7,e77ii7 of paragraph 7#c7 of such subsection7-- 7,i7 after approval by the ,secretary of ,homeland ,security of a recommendation by the ,secretary of ,state or by the consular officer that the alien be admitted temporarily despite the alien's inadmissibility1 may be granted such a visa and may be admitted into the ,united ,states temporarily as a nonimmigrant1 in the discretion of the ,secretary of ,homeland ,security2 or 7,,ii7 absent such recommendation and approval1 be granted a nonimmigrant visa pursuant to section #aja7;a77#ae77;,e7 if such ineligibility is based solely on conduct in violation of paragraph 7#f71 7#g71 or 7#i7 of section #bab7;a7 that occurred before the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 and 7ii7 an alien who is inadmissible under subsection 7a7 7other than subparagraphs 7,a77i77,i71 7,a77ii71 7,a77iii71 7,c71 7,e77i71 and 7,e77ii7 of paragraph 7#c7 of such subsection71 is in possession of appropriate documents or was granted a waiver from such document requirement1 and is seeking admission1 may be admitted into the ,united ,states temporarily as a nonimmigrant1 in the discretion of the ,secretary of ,homeland ,security1 who shall prescribe conditions1 including exaction of such bonds as may be necessary1 to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph4 4 7c7 ,numerical limitation ,section #bad7;g77#aa77;,b7 7#h ,u4,s4,c4 #aahd7;g77#aa77;,b77 is amended by striking the period at the end and inserting for each of the nationalities identified under section #aja7;a77#ae77;,e77iii744 #ddjd4 ,other changes to nonimmigrant visas 7a7 ,portability ,paragraphs 7#a7 and 7#b7 of section #bad7n7 7#h ,u4,s4,c4 #aahd7n77 are amended to read as follows3 7#a7 ,a nonimmigrant alien described in paragraph 7#b7 who was previously issued a visa or otherwise provided nonimmigrant status under section #aja7;a77#ae77;,h77i77b7 or #aja7;a77#ae77,o77i7 is authorized to accept new employment pursuant to such section upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection 7a74 ,employment authorization shall continue for such alien until the new petition is adjudicated4 ,if the new petition is denied1 such authorization shall cease4 7#b7 ,a nonimmigrant alien described in this paragraph is a nonimmigrant alien-- 7,a7 who has been lawfully admitted into the ,united ,states2 7,b7 on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the ,secretary of ,homeland ,security2 and 7,c7 who1 subsequent to such lawful admission1 has not been employed without authorization in the ,united ,states before the filing of such petition4 4 7b7 ,waiver ,the undesignated material at the end of section #bad7;c77#c7 7#h ,u4,s4,c4 #aahd7;c77#c77 is amended to read as follows3 ,the ,secretary of ,homeland ,security shall provide by regulation for the waiver of the consultation requirement under subparagraph 7,a7 in the case of aliens who have been admitted as nonimmigrants under section #aja7;a77#ae77,o77i7 because of extraordinary ability in the arts or extraordinary achievement in motion picture or television production and who seek readmission to perform similar services within #c years after the date of a consultation under such subparagraph provided that1 in the case of aliens admitted because of extraordinary achievement in motion picture or television production1 such waiver shall apply only if the prior consultations by the appropriate union and management organization were favorable or raised no objection to the approval of the petition4 ,not later than #e days after such a waiver is provided1 the ,secretary shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization4 4 #ddje4 ,treatment of nonimmigrants during adjudication of application ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfji and #dbcc1 is further amended by adding at the end the following3 7u7 ,treatment of nonimmigrants during adjudication of application ,a nonimmigrant alien granted employment authorization pursuant to sections #aja7;a77#ae77;,a71 #aja7;a77#ae77;,e71 #aja7;a77#ae77;,g71 #aja7;a77#ae77;,h71 #aja7;a77#ae77;,i71 #aja7;a77#ae77;,j71 #aja7;a77#ae77,l71 #aja7;a77#ae77,o71 #aja7;a77#ae77,p71 #aja7;a77#ae77,q71 #aja7;a77#ae77,r71 #bad7;e71 and such other sections as the ,secretary of ,homeland ,security may by regulations prescribe whose status has expired but who has1 or whose sponsoring employer or authorized agent has1 filed a timely application or petition for an extension of such employment authorization and nonimmigrant status as provided under subsection 7a7 is authorized to continue employment with the same employer until the application or petition is adjudicated4 ,such authorization shall be subject to the same conditions and limitations as the initial grant of employment authorization4 4 #ddjf4 ,nonimmigrant elementary and secondary school students ,section #bad7m77#a77;,b7 7#h ,u4,s4,c4 #aahd7m77#a77;,b77 is amended striking unless-- and all that follows through 7ii7 and inserting unless4 ,e ,,jolt ,act #deja4 ,short titles ,this subtitle may be cited as the ,jobs ,originated through ,launching ,travel ,act of #bjac or the ,,jolt ,act of #bjac4 #dejb4 ,premium processing ,section #bba 7#h ,u4,s4,c4 #abja7 is amended by inserting at the end the following3 7j7 ,premium processing 7#a7 ,pilot processing service ,recognizing that the best solution for expedited processing is low interview wait times for all applicants1 the ,secretary of ,state shall nevertheless establish1 on a limited1 pilot basis only1 a fee-based premium processing service to expedite interview appointments4 ,in establishing a pilot processing service1 the ,secretary may-- 7,a7 determine the consular posts at which the pilot service will be available2 7,b7 establish the duration of the pilot service2 7,c7 define the terms and conditions of the pilot service1 with the goal of expediting visa appointments and the interview process for those electing to pay said fee for the service2 and 7,d7 resources permitting1 during the pilot service1 consider the addition of consulates in locations advantageous to foreign policy objectives or in highly populated locales4 7#b7 ,fees 7,a7 ,authority to collect ,the ,secretary of ,state is authorized to collect1 and set the amount of1 a fee imposed for the premium processing service4 ,the ,secretary of ,state shall set the fee based on all relevant considerations including1 the cost of expedited service4 7,b7 ,use of fees ,fees collected under the authority of subparagraph 7,a7 shall be deposited as an offsetting collection to any ,department of ,state appropriation1 to recover the costs of providing consular services4 ,such fees shall remain available for obligation until expended4 7,c7 ,relationship to other fees ,such fee is in addition to any existing fee currently being collected by the ,department of ,state4 7,d7 ,nonrefundable ,such fee will be nonrefundable to the applicant4 7#c7 ,description of premium processing ,premium processing pertains solely to the expedited scheduling of a visa interview4 ,utilizing the premium processing service for an expedited interview appointment does not establish the applicant's eligibility for a visa4 ,the ,secretary of ,state shall1 if possible1 inform applicants utilizing the premium processing of potential delays in visa issuance due to additional screening requirements1 including necessary security-related checks and clearances4 7#d7 ,report to ,congress 7,a7 ,requirement for report ,not later than #ah months after the date of the enactment of the ,,jolt ,act of #bjac1 the ,secretary of ,state shall submit to the appropriate committees of ,congress a report on the results of the pilot service carried out under this section4 7,b7 ,appropriate committees of ,congress defined ,in this paragraph1 the term appropriate committees of ,congress means-- 7i7 the ,committee on the ,judiciary1 the ,committee on ,foreign ,relations1 and the ,committee on ,appropriations of the ,senate2 and 7ii7 the ,committee on the ,judiciary1 the ,committee on ,foreign ,affairs1 and the ,committee on ,appropriations of the ,house of ,representatives4 4 #dejc4 ,encouraging ,canadian tourism to the ,united ,states ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfji1 #dbcc1 and #ddje1 is further amended by adding at the end the following3 7v7 ,canadian retirees 7#a7 ,in general ,the ,secretary of ,homeland ,security may admit as a visitor for pleasure as described in section #aja7;a77#ae77;,b7 any alien for a period not to exceed #bdj days1 if the alien demonstrates1 to the satisfaction of the ,secretary1 that the alien-- 7,a7 is a citizen of ,canada2 7,b7 is at least #ee years of age2 7,c7 maintains a residence in ,canada2 7,d7 owns a residence in the ,united ,states or has signed a rental agreement for accommodations in the ,united ,states for the duration of the alien's stay in the ,united ,states2 7,e7 is not inadmissible under section #bab2 7,f7 is not described in any ground of deportability under section #bcg2 7,g7 will not engage in employment or labor for hire in the ,united ,states2 and 7,h7 will not seek any form of assistance or benefit described in section #djc7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;a774 7#b7 ,spouse ,the spouse of an alien described in paragraph 7#a7 may be admitted under the same terms as the principal alien if the spouse satisfies the requirements of paragraph 7#a71 other than subparagraph 7,d74 7#c7 ,immigrant intent ,in determining eligibility for admission under this subsection1 maintenance of a residence in the ,united ,states shall not be considered evidence of intent by the alien to abandon the alien's residence in ,canada4 7#d7 ,period of admission ,during any single #cfe-;day period1 an alien may be admitted as described in section #aja7;a77#ae77;,b7 pursuant to this subsection for a period not to exceed #bdj days1 beginning on the date of admission4 ,periods of time spent outside the ,united ,states during such #bdj-;day period shall not toll the expiration of such #bdj-;day period4 4 #dejd4 ,retiree visa 7a7 ,nonimmigrant status ,section #aja7;a77#ae7 is amended by inserting after subparagraph 7,w7 the following3 7,y7 subject to section #bad7w71 an alien who1 after the date of the enactment of the ,,jolt ,act of #bjac-- 7i7 7,i7 uses at least #ejj1jjj in cash to purchase #a or more residences in the ,united ,states1 which each sold for more than #ajj percent of the most recent appraised value of such residence1 as determined by the property assessor in the city or county in which the residence is located2 7,,ii7 maintains ownership of residential property in the ,united ,states worth at least #ejj1jjj during the entire period the alien remains in the ,united ,states as a nonimmigrant described in this subparagraph2 and 7,,iii7 resides for more than #ahj days per year in a residence in the ,united ,states that is worth at least #bej1jjj2 and 7ii7 the alien spouse and children of the alien described in clause 7i7 if accompanying or following to join the alien4 4 7b7 ,visa application procedures ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfji1 #dbcc1 #ddje1 and #dejc1 is further amended by adding at the end the following3 7w7 ,visas of nonimmigrants described in section #aja7;a77#ae77,y7 7#a7 ,the ,secretary of ,homeland ,security shall authorize the issuance of a nonimmigrant visa to any alien described in section #aja7;a77#ae77,y7 who submits a petition to the ,secretary that demonstrates1 to the satisfaction of the ,secretary1 that the alien-- 7,a7 has purchased a residence in the ,united ,states that meets the criteria set forth in section #aja7;a77#ae77,y77i72 7,b7 is at least #ee years of age2 7,c7 possesses health insurance coverage2 7,d7 is not inadmissible under section #bab2 and 7,e7 will comply with the terms set forth in paragraph 7#b74 7#b7 ,an alien who is issued a visa under this subsection-- 7,a7 shall reside in the ,united ,states at a residence that meets the criteria set forth in section #aja7;a77#ae77,y77i7 for more than #ahj days per year2 7,b7 is not authorized to engage in employment in the ,united ,states1 except for employment that is directly related to the management of the residential property described in section #aja7,y77i77,,ii72 7,c7 is not eligible for any form of assistance or benefit described in section #djc7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;a772 and 7,d7 may renew such visa every #c years under the same terms and conditions4 4 #deje4 ,incentives for foreign visitors visiting the ,united ,states during low peak seasons ,the ,secretary of ,state shall make publically available1 on a monthly basis1 historical data1 for the previous #b years1 regarding the availability of visa appointments for each visa processing post1 to allow applicants to identify periods of low demand1 when wait times tend to be lower4 #dejf4 ,visa waiver program enhanced security and reform 7a7 ,definitions ,section #bag7;c77#a7 7#h ,u4,s4,c4 #aahg7;c77#a77 is amended to read as follows3 7#a7 ,authority to designate2 definitions 7,a7 ,authority to designate ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may designate any country as a program country if that country meets the requirements under paragraph 7#b74 7,b7 ,definitions ,in this subsection3 7i7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,i7 the ,committee on ,foreign ,relations1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on the ,judiciary of the ,senate2 and 7,,ii7 the ,committee on ,foreign ,affairs1 the ,committee on ,homeland ,security1 and the ,committee on the ,judiciary of the ,house of ,representatives4 7ii7 ,overstay rate 7,i7 ,initial designation ,the term overstay rate means1 with respect to a country being considered for designation in the program1 the ratio of-- 7aa7 the number of nationals of that country who were admitted to the ,united ,states on the basis of a nonimmigrant visa under section #aja7;a77#ae77;,b7 whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the ,united ,states beyond such periods2 to 7bb7 the number of nationals of that country who were admitted to the ,united ,states on the basis of a nonimmigrant visa under section #aja7;a77#ae77;,b7 whose periods of authorized stay ended during that fiscal year4 7,,ii7 ,continuing designation ,the term overstay rate means1 for each fiscal year after initial designation under this section with respect to a country1 the ratio of-- 7aa7 the number of nationals of that country who were admitted to the ,united ,states under this section or on the basis of a nonimmigrant visa under section #aja7;a77#ae77;,b7 whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the ,united ,states beyond such periods2 to 7bb7 the number of nationals of that country who were admitted to the ,united ,states under this section or on the basis of a nonimmigrant visa under section #aja7;a77#ae77;,b7 whose periods of authorized stay ended during that fiscal year4 7,,iii7 ,computation of overstay rate ,in determining the overstay rate for a country1 the ,secretary of ,homeland ,security may utilize information from any available databases to ensure the accuracy of such rate4 7iii7 ,program country ,the term program country means a country designated as a program country under subparagraph 7,a74 4 7b7 ,technical and conforming amendments ,section #bag 7#h ,u4,s4,c4 #aahg7 is amended-- 7#a7 by striking ,attorney ,general each place the term appears 7except in subsection 7c77#aa77;,b77 and inserting ,secretary of ,homeland ,security2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b77;,c77iii71 by striking ,committee on the ,judiciary and the ,committee on ,international ,relations of the ,house of ,representatives and the ,committee on the ,judiciary and the ,committee on ,foreign ,relations of the ,senate and inserting appropriate congressional committees2 7,b7 in paragraph 7#e77;,a77i77,,iii71 by striking ,committee on the ,judiciary1 the ,committee on ,foreign ,affairs1 and the ,committee on ,homeland ,security1 of the ,house of ,representatives and the ,committee on the ,judiciary1 the ,committee on ,foreign ,relations1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and inserting appropriate congressional committees2 and 7,c7 in paragraph 7#g71 by striking subparagraph 7,e74 7c7 ,designation of program countries based on overstay rates 7#a7 ,in general ,section #bag7;c77#b77;,a7 7#h ,u4,s4,c4 #aahg7;c77#b77;,a77 is amended to read as follows3 7,a7 ,general numerical limitations 7i7 ,low nonimmigrant visa refusal rate ,the percentage of nationals of that country refused nonimmigrant visas under section #aja7;a77#ae77;,b7 during the previous full fiscal year was not more than #c percent of the total number of nationals of that country who were granted or refused nonimmigrant visas under such section during such year4 7ii7 ,low nonimmigrant overstay rate ,the overstay rate for that country was not more than #c percent during the previous fiscal year4 4 7#b7 ,qualification criteria ,section #bag7;c77#c7 7#h ,u4,s4,c4 #aahg7;c77#c77 is amended to read as follows3 7#c7 ,qualification criteria ,after designation as a program country under section #bag7;c77#b71 a country may not continue to be designated as a program country unless the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 determines1 pursuant to the requirements under paragraph 7#e71 that the designation will be continued4 4 7#c7 ,initial period ,section #bag7;c7 is further amended by striking paragraph 7#d74 7#d7 ,continuing designation ,section #bag7;c77#e77;,a77i77,,ii7 7#h ,u4,s4,c4 #aahg7;c77#e77;,a77i77,,ii77 is amended to read as follows3 7,,ii7 shall determine1 based upon the evaluation in subclause 7,i71 whether any such designation under subsection 7d7 or 7f71 or probation under subsection 7f71 ought to be continued or terminated2 4 7#e7 ,computation of visa refusal rates2 judicial review ,section #bag7;c77#f7 7#h ,u4,s4,c4 #aahg7;c77#f77 is amended to read as follows3 7#f7 ,computation of visa refusal rates and judicial review 7,a7 ,computation of visa refusal rates ,for purposes of determining the eligibility of a country to be designated as a program country1 the calculation of visa refusal rates shall not include any visa refusals which incorporate any procedures based on1 or are otherwise based on1 race1 sex1 or disability1 unless otherwise specifically authorized by law or regulation4 7,b7 ,judicial review ,no court shall have jurisdiction under this section to review any visa refusal1 the ,secretary of ,state's computation of a visa refusal rate1 the ,secretary of ,homeland ,security's computation of an overstay rate1 or the designation or nondesignation of a country as a program country4 4 7#f7 ,visa waiver information ,section #bag7;c77#g7 7#h ,u4,s4,c4 #aahg7;c77#g77 is amended-- 7,a7 by striking subparagraphs 7,b7 through 7,d72 and 7,b7 by striking waiver information4-- and all that follows through ,in refusing and inserting waiver information4--,in refusing4 7#g7 ,waiver authority ,section #bag7;c77#h7 7#h ,u4,s4,c4 #aahg7;c77#h77 is amended to read as follows3 7#h7 ,waiver authority ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may waive the application of paragraph 7#b77;,a77i7 for a country if-- 7,a7 the country meets all other requirements of paragraph 7#b72 7,b7 the ,secretary of ,homeland ,security determines that the totality of the country's security risk mitigation measures provide assurance that the country's participation in the program would not compromise the law enforcement1 security interests1 or enforcement of the immigration laws of the ,united ,states2 7,c7 there has been a general downward trend in the percentage of nationals of the country refused nonimmigrant visas under section #aja7;a77#ae77;,b72 7,d7 the country consistently cooperated with the ,government of the ,united ,states on counterterrorism initiatives1 information sharing1 preventing terrorist travel1 and extradition to the ,united ,states of individuals 7including the country's own nationals7 who commit crimes that violate ,united ,states law before the date of its designation as a program country1 and the ,secretary of ,homeland ,security and the ,secretary of ,state assess that such cooperation is likely to continue2 and 7,e7 the percentage of nationals of the country refused a nonimmigrant visa under section #aja7;a77#ae77;,b7 during the previous full fiscal year was not more than #aj percent of the total number of nationals of that country who were granted or refused such nonimmigrant visas4 4 7d7 ,termination of designation2 probation ,section #bag7;f7 7#h ,u4,s4,c4 #aahg7;f77 is amended to read as follows3 7f7 ,termination of designation2 probation 7#a7 ,definitions ,in this subsection3 7,a7 ,probationary period ,the term probationary period means the fiscal year in which a probationary country is placed in probationary status under this subsection4 7,b7 ,program country ,the term program country has the meaning given that term in subsection 7c77#a77;,b74 7#b7 ,determination1 notice1 and initial probationary period 7,a7 ,determination of probationary status and notice of noncompliance ,as part of each program country's periodic evaluation required by subsection 7c77#e77;,a71 the ,secretary of ,homeland ,security shall determine whether a program country is in compliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b74 7,b7 ,initial probationary period ,if the ,secretary of ,homeland ,security determines that a program country is not in compliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b71 the ,secretary of ,homeland ,security shall place the program country in probationary status for the fiscal year following the fiscal year in which the periodic evaluation is completed4 7#c7 ,actions at the end of the initial probationary period ,at the end of the initial probationary period of a country under paragraph 7#b77;,b71 the ,secretary of ,homeland ,security shall take #a of the following actions3 7,a7 ,compliance during initial probationary period ,if the ,secretary determines that all instances of noncompliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b7 that were identified in the latest periodic evaluation have been remedied by the end of the initial probationary period1 the ,secretary shall end the country's probationary period4 7,b7 ,noncompliance during initial probationary period ,if the ,secretary determines that any instance of noncompliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b7 that were identified in the latest periodic evaluation has not been remedied by the end of the initial probationary period-- 7i7 the ,secretary may terminate the country's participation in the program2 or 7ii7 on an annual basis1 the ,secretary may continue the country's probationary status if the ,secretary1 in consultation with the ,secretary of ,state1 determines that the country's continued participation in the program is in the national interest of the ,united ,states4 7#d7 ,actions at the end of additional probationary periods ,at the end of all probationary periods granted to a country pursuant to paragraph 7#c77;,b77ii71 the ,secretary shall take #a of the following actions3 7,a7 ,compliance during additional period ,the ,secretary shall end the country's probationary status if the ,secretary determines during the latest periodic evaluation required by subsection 7c77#e77;,a7 that the country is in compliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b74 7,b7 ,noncompliance during additional periods ,the ,secretary shall terminate the country's participation in the program if the ,secretary determines during the latest periodic evaluation required by subsection 7c77#e77;,a7 that the program country continues to be in noncompliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b74 7#e7 ,effective date ,the termination of a country's participation in the program under paragraph 7#c77;,b7 or 7#d77;,b7 shall take effect on the first day of the first fiscal year following the fiscal year in which the ,secretary determines that such participation shall be terminated4 ,until such date1 nationals of the country shall remain eligible for a waiver under subsection 7a74 7#f7 ,treatment of nationals after termination ,for purposes of this subsection and subsection 7d7-- 7,a7 nationals of a country whose designation is terminated under paragraph 7#c7 or 7#d7 shall remain eligible for a waiver under subsection 7a7 until the effective date of such termination2 and 7,b7 a waiver under this section that is provided to such a national for a period described in subsection 7a77#a7 shall not1 by such termination1 be deemed to have been rescinded or otherwise rendered invalid1 if the waiver is granted prior to such termination4 7#g7 ,consultative role of the ,secretary of ,state ,in this subsection1 references to subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b7 and subsection 7c77#e77;,a7 carry with them the consultative role of the ,secretary of ,state as provided in those provisions4 4 7e7 ,review of overstay tracking methodology ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a review of the methods used by the ,secretary-- 7#a7 to track aliens entering and exiting the ,united ,states2 and 7#b7 to detect any such alien who stays longer than such alien's period of authorized admission4 7f7 ,evaluation of electronic system for travel authorization ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress-- 7#a7 an evaluation of the security risks of aliens who enter the ,united ,states without an approved ,electronic ,system for ,travel ,authorization verification2 and 7#b7 a description of any improvements needed to minimize the number of aliens who enter the ,united ,states without the verification described in paragraph 7#a74 7g7 ,sense of ,congress on priority for review of program countries ,it is the sense of ,congress that the ,secretary1 in the process of conducting evaluations of countries participating in the visa waiver program under section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg71 should prioritize the reviews of countries in which circumstances indicate that such a review is necessary or desirable4 #dejg4 ,expediting entry for priority visitors ,section #gbjh7k77#d7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b7k77#d77 is amended to read as follows3 7#d7 ,expediting entry for priority visitors 7,a7 ,in general ,the ,secretary of ,homeland ,security may expand the enrollment across registered traveler programs to include eligible individuals employed by international organizations1 selected by the ,secretary1 which maintain strong working relationships with the ,united ,states4 7,b7 ,requirements ,an individual may not be enrolled in a registered traveler program unless-- 7i7 the individual is sponsored by an international organization selected by the ,secretary under subparagraph 7,a72 and 7ii7 the government that issued the passport that the individual is using has entered into a ,trusted ,traveler ,arrangement with the ,department of ,homeland ,security to participate in a registered traveler program4 7,c7 ,security requirements ,an individual may not be enrolled in a registered traveler program unless the individual has successfully completed all applicable security requirements established by the ,secretary1 including cooperation from the applicable foreign government1 to ensure that the individual does not pose a risk to the ,united ,states4 7,d7 ,discretion ,except as provided in subparagraph 7,e71 the ,secretary shall retain unreviewable discretion to offer or revoke enrollment in a registered traveler program to any individual4 7,e7 ,ineligible travelers ,an individual who is a citizen of a state sponsor of terrorism 7as defined in section #cja7ac7 of the ,comprehensive ,iran ,sanctions1 ,accountability1 and ,divestment ,act of #bjaj 7#bb ,u4,s4,c4 #heda7ac77 may not be enrolled in a registered traveler program4 4 #dejh4 ,visa processing 7a7 ,in general ,notwithstanding any other provision of law and not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall-- 7#a7 require ,united ,states diplomatic and consular missions-- 7,a7 to conduct visa interviews for nonimmigrant visa applications determined to require a consular interview in an expeditious manner1 consistent with national security requirements1 and in recognition of resource allocation considerations1 such as the need to ensure provision of consular services to citizens of the ,united ,states2 7,b7 to set a goal of interviewing #hj percent of all nonimmigrant visa applicants1 worldwide1 within #c weeks of receipt of application1 subject to the conditions outlined in subparagraph 7,a72 and 7,c7 to explore expanding visa processing capacity in ,china and ,brazil1 with the goal of maintaining interview wait times under #ae work days on a consistent1 year-round basis1 recognizing that demand can spike suddenly and unpredictably and that the first priority of ,united ,states missions abroad is the protection of citizens of the ,united ,states2 and 7#b7 submit to the appropriate committees of ,congress a detailed strategic plan that describes the resources needed to carry out paragraph 7#a77;,a74 7b7 ,appropriate committees of ,congress ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on the ,judiciary1 the ,committee on ,foreign ,relations1 and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on the ,judiciary1 the ,committee on ,foreign ,affairs1 and the ,committee on ,appropriations of the ,house of ,representatives4 7c7 ,semi-,annual report ,not later than #cj days after the end of the first #f months after the implementation of subsection 7a71 and not later than #cj days after the end of each subsequent quarter1 the ,secretary of ,state shall submit to the appropriate committees of ,congress a report that provides-- 7#a7 data substantiating the efforts of the ,secretary of ,state to meet the requirements and goals described in subsection 7a72 7#b7 any factors that have negatively impacted the efforts of the ,secretary to meet such requirements and goals2 and 7#c7 any measures that the ,secretary plans to implement to meet such requirements and goals4 7d7 ,savings provision 7#a7 ,in general ,nothing in subsection 7a7 may be construed to affect a consular officer's authority-- 7,a7 to deny a visa application under section #bba7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;g772 or 7,b7 to initiate any necessary or appropriate security-related check or clearance4 7#b7 ,security checks ,the completion of a security-related check or clearance shall not be subject to the time limits set out in subsection 7a74 ,f ,reforms to the ,h-#b;,b ,visa ,program #dfja4 ,extension of returning worker exemption to ,h-#b;,b numerical limitation 7a7 ,in general 7#a7 ,in general ,subparagraph 7,a7 of paragraph 7#aj7 of section #bad7;g7 7#h ,u4,s4,c4 #aahd7;g771 as redesignated by section #daja7;a77#c71 is amended by striking fiscal year #bjjd1 #bjje1 or #bjjf and inserting fiscal year #bjac shall not again be counted toward such limitation during fiscal years #bjad through #bjah4 4 7#b7 ,effective period ,the amendment made by paragraph 7#a7 shall be effective during the period beginning on the effective date described in subsection 7c7 and ending on ,september #cj1 #bjah4 7b7 ,technical and clarifying amendments 7#a7 ,nonimmigrant status ,section #aja7;a77#ae77,p7 7#h ,u4,s4,c4 #aaja7;a77#ae77,p77 is amended-- 7,a7 in clause 7iii71 by striking or at the end2 7,b7 in clause 7iv71 by striking clause 7i71 7ii71 or 7iii71 and inserting clause 7i71 7ii71 7iii71 or 7iv72 7,c7 by redesignating clause 7iv7 as clause 7v72 and 7,d7 by inserting after clause 7iii7 the following new clause3 7iv7 is a ski instructor seeking to enter the ,united ,states temporarily to perform instructing services2 or 4 7#b7 ,authorized period of stay2 numerical limitation ,section #bad7;a77#b77;,b7 7#h ,u4,s4,c4 #aahd7;a77#b77;,b77 is amended in the second sentence-- 7,a7 by inserting or ski instructors after athletes2 and 7,b7 by inserting or ski instructor after athlete4 7#c7 ,construction ,nothing in the amendments made by this subsection may be construed as preventing an alien who is a ski instructor from obtaining nonimmigrant status under section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b77 if such alien is otherwise qualified for such status4 7c7 ,effective date ,the amendment made by subsection 7a7 shall take effect as if enacted on ,january #a1 #bjac4 #dfjb4 ,other requirements for ,h-#b;,b employers 7a7 ,in general ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfji1 #dbcc1 #ddje1 #dejc1 and #dejd1 is further amended by adding at the end the following3 7x7 ,requirements for ,h-#b;,b employers 7#a7 ,h-#b;,b nonimmigrant defined ,in this subsection the term ,h-#b;,b nonimmigrant means an alien admitted to the ,united ,states pursuant to section #aja7;a77#ae77;,h77ii77,b74 7#b7 ,non-displacement of ,united ,states workers ,an employer who seeks to employ an ,h-#b;,b nonimmigrant admitted in an occupational classification shall certify and attest that the employer did not displace and will not displace a ,united ,states worker employed by the employer in the same metropolitan statistical area where such nonimmigrant will be hired within the period beginning #ij days before the start date and ending on the end date for which the employer is seeking the services of such nonimmigrant as specified on an application for labor certification under this ,act4 7#c7 ,transportation costs ,the employer shall pay the transportation costs1 including reasonable subsistence costs during the period of travel1 for an ,h-#b;,b nonimmigrant hired by the employer-- 7,a7 from the place of recruitment to the place of such nonimmigrant's employment2 and 7,b7 from the place of employment to such nonimmigrant's place of permanent residence or a subsequent worksite4 7#d7 ,payment of fees ,a fee related to the hiring of an ,h-#b;,b nonimmigrant required to be paid by an employer under this ,act shall be paid by the employer and may not be deducted from the wages or other compensation paid to an ,h-#b;,b nonimmigrant4 7#e7 ,h-#b;,b nonimmigrant labor certification application fees 7,a7 ,in general ,to recover costs of carrying out labor certification activities under the ,h-#b;,b program1 the ,secretary of ,labor shall impose a #ejj fee on an employer that submits an application for an employment certification for aliens granted ,h-#b;,b nonimmigrant status to the ,secretary of ,labor under this subparagraph on or after the date that is #cj days after the date of enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 4 7,b7 ,use of fees ,the fees collected under subparagraph 7,a7 shall be deposited in the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 4 7b7 ,executives and managers ,section #bad 7#h ,u4,s4,c4 #aahd7 is amended as follows3 7#a7 in subsection 7a77#a71 by adding at the end 8,aliens admitted under section #aja7;a77#ae7 should include-- 7,a7 executives and managers employed by a firm or corporation or other legal entity or an affiliate or subsidiary thereof who are principally stationed abroad and who seek to enter the ,united ,states for periods of #ij days or less to oversee and observe the ,united ,states operations of their related companies1 and establish strategic objectives when needed2 or 7,b7 employees of multinational corporations who enter the ,united ,states to observe the operations of a related ,united ,states company and participate in select leadership and development training activities1 whether or not the activity is part of a formal or classroom training program for a period not to exceed #ahj days4 ,nonimmigrant aliens admitted pursuant to section #aja7;a77#ae7 and engaged in the activities described in the subparagraph 7,a7 or 7,b7 may not receive a salary from a ,united ,states source1 except for incidental expenses for meals1 travel1 lodging and other basic services4 4 7c7 ,honoraria ,section #bab7q7 7#h ,u4,s4,c4 #aahb7q77 is amended to read as follows3 7q7 7#a7 ,any alien admitted under section #aja7;a77#ae77;,b7 may accept an honorarium payment and associated incidental expenses1 for a usual academic activity or activities 7lasting not longer than #i days at any single institution71 as defined by the ,attorney ,general in consultation with the ,secretary of ,education1 or for a performance1 appearance and participation in ,united ,states based programming1 including scripted or unscripted programming 7with services not rendered for more than #fj days in a #f month period7 if the alien has received a letter of invitation from the institution1 organization1 or media outlet1 such payment is offered by an institution1 organization1 or media outlet described in paragraph 7#b7 and is made for services conducted for the benefit of that institution1 entity or media outlet and if the alien has not accepted such payment or expenses from more than #e institutions1 organizations1 or media outlets in the previous #f-month period4 ,any alien who is admitted under section #aja7;a77#ae77;,b7 or any other valid visa may perform services under this section without reentering the ,united ,states and without a letter of invitation1 if the alien does not receive any remuneration including an honorarium payment or incidental expenses1 but may receive prize money4 7#b7 ,an institution1 organization1 or media outlet described in this paragraph-- 7,a7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 or a related or affiliated nonprofit entity2 7,b7 a nonprofit research organization or a ,governmental research organization2 and 7,c7 a broadcast network1 cable entity1 production company1 new media1 internet and mobile based companies1 who create or distribute programming content4 4 #dfjc4 ,nonimmigrants participating in relief operations ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfji1 #dbcc1 #ddje1 #dejc1 #dejd1 and #dfjb1 is further amended by adding at the end following3 7y7 ,nonimmigrants participating in relief operations 7#a7 ,in general ,an alien coming individually1 or aliens coming as a group1 to participate in relief operations1 including critical infrastructure repairs or improvements1 needed in response to a ,federal or ,state declared emergency or disaster1 may be admitted to the ,united ,states pursuant to section #aja7;a77#ae77;,b7 for a period of not more than #ij days if each such alien has been employed in a foreign country by #a employer for not less than #a year prior to the date the alien is so admitted4 7#b7 ,prohibition on income from a ,united ,states source ,during a period of admission pursuant to paragraph 7#a71 an alien may not receive income from a ,united ,states source1 except for incidental expenses for meals1 travel1 lodging1 and other basic services4 4 #dfjd4 ,nonimmigrants performing maintenance on common carriers ,section #bad 7#h ,u4,s4,c4 #aahd71 as amended by sections #cfji1 #dbcc1 #ddje1 #dejc1 #dejd1 #dfjb1 and #dfjc1 is further amended by adding at the end following3 7z7 ,nonimmigrants performing maintenance on common carrier 7#a7 ,in general ,an alien coming individually1 or aliens coming as a group1 who possess specialized knowledge to perform maintenance or repairs for common carriers1 including to airlines1 cruise lines1 and railways1 if such maintenance or repairs are occurring to equipment or machinery manufactured outside of the ,united ,states and are needed for purposes relating to life1 health1 and safety1 may be admitted to the ,united ,states pursuant to section #aja7;a77#ae77;,b7 for a period of not more than #ij days if each such alien has been employed in a foreign country by #a employer for not less than #a year prior to the date the alien is so admitted4 7#b7 ,prohibition on income from a ,united ,states source ,during a period of admission pursuant to paragraph 7#a71 an alien may not receive a income from a ,united ,states source1 except for incidental expenses for meals1 travel1 lodging1 and other basic services4 7#c7 ,fee 7,a7 ,in general ,an alien admitted pursuant to paragraph 7#a7 shall pay a fee of #ejj4 7,b7 ,use of fee ,the fees collected under subparagraph 7,a7 shall be deposited in the ,comprehensive ,immigration ,reform ,trust ,fund established under section #f of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act 4 ,g ,w nonimmigrant visas #dgja4 ,bureau of ,immigration and ,labor ,market ,research 7a7 ,definitions ,in this section3 7#a7 ,bureau ,except as otherwise specifically provided1 the term ,bureau means the ,bureau of ,immigration and ,labor ,market ,research established under subsection 7b74 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,bureau4 7#c7 ,construction occupation ,the term construction occupation means an occupation defined by the ,bureau of ,labor ,statistics as being within the construction industry for the purposes of publishing the ,bureau's workforce statistics4 7#d7 ,metropolitan statistical area ,the term metropolitan statistical area means a geographic area designated as a metropolitan statistical area by the ,director of the ,office of ,management and ,budget4 7#e7 ,shortage occupation ,the term shortage occupation means an occupation that the ,commissioner determines is experiencing a shortage of labor-- 7,a7 throughout the ,united ,states2 or 7,b7 in a specific metropolitan statistical area4 7#f7 ,w visa program ,the term ,w visa program means the program for the admission of nonimmigrant aliens described in subparagraph 7,w77i7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae771 as added by section #dgjb4 7#g7 ,zone #a occupation ,the term zone #a occupation means an occupation that requires little or no preparation and is classified as a zone #a occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this ,act4 7#h7 ,zone #b occupation ,the term zone #b occupation means an occupation that requires some preparation and is classified as a zone #b occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this ,act4 7#i7 ,zone #c occupation ,the term zone #c occupation means an occupation that requires medium preparation and is classified as a zone #c occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this ,act2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this ,act4 7b7 ,establishment ,there is established a ,bureau of ,immigration and ,labor ,market ,research as an independent statistical agency within ,u4,s4 ,citizenship and ,immigration ,services4 7c7 ,commissioner ,the head of the ,bureau of ,immigration and ,labor ,market ,research is the ,commissioner1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7d7 ,duties ,the duties of the ,commissioner are limited to the following3 7#a7 ,to devise a methodology subject to publication in the ,federal ,register and an opportunity for public comment to determine the annual change to the numerical limitation for nonimmigrant aliens described in subparagraph 7,w77i7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae771 as added by section #dgjb4 7#b7 ,to determine and to publish in the ,federal ,register the annual change to the numerical limitation for nonimmigrant aliens described in subparagraph 7,w77i7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae771 as added by section #dgjb4 7#c7 ,with respect to the ,w visa program1 to supplement the recruitment methods employers may use to attract such nonimmigrant aliens4 7#d7 ,with respect to the ,w visa program1 to devise a methodology subject to publication in the ,federal ,register and an opportunity for public comment to designate shortage occupations in zone #a occupations1 zone #b occupations1 and zone #c occupations4 7#e7 ,with respect to the ,w visa program1 to designate shortage occupations in any zone #a occupation1 zone #b occupation1 or zone #c occupation and publish such occupations in the ,federal ,register4 7#f7 ,with respect to the ,w visa program1 to conduct a survey once every #c months of the unemployment rate of zone #a occupations1 zone #b occupations1 or zone #c occupations that are construction occupations in each metropolitan statistical area4 7#g7 ,to study and report to ,congress on employment-based immigrant and nonimmigrant visa programs in the ,united ,states and to make annual recommendations to improve such programs4 7#h7 ,to carry out any functions required to carry out the duties described in paragraphs 7#a7 through 7#g74 7e7 ,determination of changes to numerical limitations ,the methodology required under subsection 7d77#a7 shall be published in the ,federal ,register not later than #ah months after the date of the enactment of this ,act4 7f7 ,designation of shortage occupations 7#a7 ,methods to determine ,the ,commissioner shall-- 7,a7 establish the methodology to designate shortage occupations under subsection 7d77#d72 and 7,b7 publish such methodology in the ,federal ,register not later than #ah months after the date of the enactment of this ,act4 7#b7 ,petition by employer ,the methodology established under paragraph 7#a7 shall permit an employer to petition the ,commissioner for a determination that a particular occupation in a particular metropolitan statistical area is a shortage occupation4 7#c7 ,requirement for notice and comment ,the methodology established under paragraph 7#a7 shall be effective only after publication in the ,federal ,register and an opportunity for public comment4 7g7 ,employee expertise ,the employees of the ,bureau shall have the expertise necessary to identify labor shortages in the ,united ,states and make recommendations to the ,commissioner on the impact of immigrant and nonimmigrant aliens on labor markets in the ,united ,states1 including expertise in economics1 labor markets1 demographics and methods of recruitment of ,united ,states workers4 7h7 ,interagency cooperation ,at the request of the ,commissioner1 the ,secretary of ,commerce1 the ,director of the ,bureau of the ,census1 the ,secretary of ,labor1 and the ,commissioner of the ,bureau of ,labor ,statistics shall-- 7#a7 provide data to the ,commissioner2 7#b7 conduct appropriate surveys2 and 7#c7 assist the ,commissioner in preparing the recommendations referred to subsection 7d77#e74 7i7 ,budget 7#a7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall submit to ,congress a report of the estimated budget that the ,bureau will need to carry out the duties described in subsection 7d74 7#b7 ,audit ,the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that is an audit of the budget prepared by the ,director under paragraph 7#a74 7j7 ,funding 7#a7 ,appropriation of funds ,there is hereby appropriated1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj to establish the ,bureau4 7#b7 ,use of ,w nonimmigrant fees ,the amounts collected for fees under section #bbj7;e77#f77;,b7 of the ,immigration and ,nationality ,act1 as added by section #dgjc1 shall be used to establish and fund the ,bureau4 7#c7 ,other fees ,the ,secretary may establish other fees related to the hiring of alien workers and use such fees to fund the ,bureau4 #dgjb4 ,nonimmigrant classification for ,w nonimmigrants ,section #aja7;a77#ae77,w71 as added by section #bbaa1 is amended by inserting before clause 7iii7 the following3 7i7 to perform services or labor for a registered employer in a registered position 7as those terms are defined in section #bbj7;a77 in accordance with the requirements under section #bbj2 7ii7 to accompany or follow to join such an alien described in clause 7i7 as the spouse or child of such alien2 4 #dgjc4 ,admission of ,w nonimmigrant workers 7a7 ,admission of ,w nonimmigrant workers 7#a7 ,in general ,title ,,ii 7#h ,u4,s4,c4 #aaea et seq47 is amended by adding at the end the following3 #bbj4 ,admission of ,w nonimmigrant workers 7a7 ,definitions ,in this section3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,immigration and ,labor ,market ,research established by section #dgja of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#b7 ,certified alien ,the term certified alien means an alien that the ,secretary of ,state has certified is eligible to be a ,w nonimmigrant if the alien is hired by a registered employer for a registered position4 7#c7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,bureau4 7#d7 ,construction occupation ,the term construction occupation means an occupation defined by the ,bureau of ,labor ,statistics as being within the construction industry for the purposes of publishing the ,bureau's workforce statistics4 7#e7 ,department ,except as otherwise provided1 the term ,department means the ,department of ,homeland ,security4 7#f7 ,eligible occupation ,the term eligible occupation means an eligible occupation described in subsection 7e77#c74 7#g7 ,employer 7,a7 ,in general ,the term employer means any person or entity hiring an individual for employment in the ,united ,states4 7,b7 ,treatment of single employer ,for purposes of determining the number of employees or ,united ,states workers employed by an employer1 a single entity shall be treated as #a employer4 7#h7 ,excluded geographic location ,the term excluded geographic location means an excluded geographic location described in subsection 7f74 7#i7 ,metropolitan statistical area ,the term metropolitan statistical area means a geographic area designated as a metropolitan statistical area by the ,director of the ,office of ,management and ,budget4 7#aj7 ,registered employer ,the term registered employer means an employer that the ,secretary has designated as a registered employer under subsection 7d74 7#aa7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#ab7 ,single entity ,the term single entity means any group treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf4 7#ac7 ,shortage occupation ,the term shortage occupation means a shortage occupation designated by the ,commissioner pursuant to section #dgja7;d77#d7 of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#ad7 ,small business ,the term small business means an employer that employs #be or fewer full-time equivalent employees4 7#ae7 ,united ,states worker ,the term ,united ,states worker means an individual who is-- 7,a7 employed or seeking employment in the ,united ,states2 and 7,b7 7i7 a national of the ,united ,states2 7ii7 an alien lawfully admitted for permanent residence2 7iii7 an alien in ,registered ,provisional ,immigrant ,status2 or 7iv7 any other alien authorized to work in the ,united ,states with no limitation as to the alien's employer4 7#af7 ,w nonimmigrant ,the term ,w nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77,w77i74 7#ag7 ,w visa program ,the term ,w visa program means the program for the admission of nonimmigrant aliens described in section #aja7;a77#ae77,w77i74 7#ah7 ,zone #a occupation ,the term zone #a occupation means an occupation that requires little or no preparation and is classified as a zone #a occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#ai7 ,zone #b occupation ,the term zone #b occupation means an occupation that requires some preparation and is classified as a zone #b occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7#bj7 ,zone #c occupation ,the term zone #c occupation means an occupation that requires medium preparation and is classified as a zone #c occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of the ,border ,security1 ,economic ,opportunity1 and ,immigration ,modernization ,act4 7b7 ,admission into the ,united ,states 7#a7 ,w nonimmigrants ,subject to this section1 a certified alien is eligible to be admitted to the ,united ,states as a ,w nonimmigrant if the alien is hired by a registered employer for employment in a registered position in a location that is not an excluded geographic location4 7#b7 ,spouse and minor children ,the alien spouse and minor children of a ,w nonimmigrant-- 7,a7 may be admitted to the ,united ,states pursuant to clause 7ii7 of section #aja7;a77#ae77,w7 during the period of the principal ,w nonimmigrant's admission2 7,b7 is authorized to engage in employment in the ,united ,states during such period of admission2 and 7,c7 shall be provided with employment authorization or other appropriate work permit4 7c7 ,w nonimmigrants 7#a7 ,certified alien 7,a7 ,application ,an alien seeking to be a ,w nonimmigrant shall apply to the ,secretary of ,state at a ,united ,states embassy or consulate in a foreign country to be a certified alien4 7,b7 ,criteria ,an alien is eligible to be a certified alien if the alien-- 7i7 is not inadmissible under this ,act2 7ii7 passes a criminal background check2 7iii7 agrees to accept only registered positions in the ,united ,states2 and 7iv7 meets other criteria as established by the ,secretary4 7#b7 ,w nonimmigrant status ,only an alien that is a certified alien may be admitted to the ,united ,states as a ,w nonimmigrant4 7#c7 ,initial employment ,a ,w nonimmigrant shall report to such nonimmigrant's initial employment in a registered position not later than #ad days after such nonimmigrant is admitted to the ,united ,states4 7#d7 ,term of admission 7,a7 ,initial term ,a certified alien may be granted ,w nonimmigrant status for an initial period of #c years4 7,b7 ,renewal ,a ,w nonimmigrant may renew his or her status as a ,w nonimmigrant for additional #c-year periods4 ,such a renewal may be made while the ,w nonimmigrant is in the ,united ,states and shall not require the alien to depart the ,united ,states4 7#e7 ,periods of unemployment ,a ,w nonimmigrant-- 7,a7 may be unemployed for a period of not more than #fj consecutive days2 and 7,b7 shall depart the ,united ,states if such ,w nonimmigrant is unable to obtain such employment during such period4 7#f7 ,travel ,a ,w nonimmigrant may travel outside the ,united ,states and be readmitted to the ,united ,states4 ,such travel may not extend the period of authorized admission of such ,w nonimmigrant4 7d7 ,registered employer 7#a7 ,application ,an employer seeking to be a registered employer shall submit an application to the ,secretary4 ,each such application shall include the following3 7,a7 ,documentation to establish that the employer is a bona-fide employer4 7,b7 ,the employer's ,federal tax identification number or employer identification number registered with the ,internal ,revenue ,service4 7,c7 ,the number of ,w nonimmigrants the employer estimates it will seek to employ annually4 7#b7 ,referral for fraud investigation ,the ,secretary may refer an application submitted under paragraph 7#a7 or subsection 7e77#a77;,a7 to the ,fraud ,detection and ,national ,security ,directorate of ,u4,s4 ,citizenship and ,immigration ,services if there is evidence of fraud for potential investigation4 7#c7 ,ineligible employers 7,a7 ,in general ,notwithstanding any other applicable penalties under law1 the ,secretary may deny an employer's application to be a registered employer if the ,secretary determines1 after notice and an opportunity for a hearing1 that the employer submitting such application-- 7i7 has1 with respect to the application required under paragraph 7#a71 including any attestations required by law-- 7,i7 knowingly misrepresented a material fact2 7,,ii7 knowingly made a fraudulent statement2 or 7,,iii7 knowingly failed to comply with the terms of such attestations2 or 7ii7 failed to cooperate in the audit process in accordance with regulations promulgated by the ,secretary2 7iii7 has been convicted of an offense set out in chapter #gg of title #ah1 ,united ,states ,code1 or any conspiracy to commit such offenses1 or any human trafficking offense under ,state or territorial law2 7iv7 has1 within #b years prior to the date of application-- 7,i7 received a final adjudication of having committed any hazardous occupation orders violation resulting in injury or death under the child labor provisions contained in section #ab of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7 and any pertinent regulation2 7,,ii7 received a final adjudication assessing a civil money penalty for any repeated or willful violation of the minimum wage provisions of section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf72 or 7,,iii7 received a final adjudication assessing a civil money penalty for any repeated or willful violation of the overtime provisions of section #g of the ,fair ,labor ,standards ,act of #aich or any regulations thereunder1 other than a repeated violation that is self-reported 7#bi ,u4,s4,c4 #bjg72 or 7v7 has1 within #b years prior to the date of application1 received a final adjudication for a willful violation or repeated serious violations involving injury or death-- 7,i7 of section #e of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fed72 7,,ii7 of any standard1 rule1 or order promulgated pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee72 or 7,,iii7 of a plan approved under section #ah of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg74 7,b7 ,length of ineligibility 7i7 ,temporary ineligibility ,an employer described in subparagraph 7,a7 may be ineligible to be a registered employer for a period that is not less than the time period determined by the ,secretary and not more than #c years4 7ii7 ,permanent ineligibility ,an employer who has been convicted of any offense set out in chapter #gg of title #ah1 ,united ,states ,code1 or any conspiracy to commit such offenses1 or any human trafficking offense under ,state or territorial law shall be permanently ineligible to be a registered employer4 7#d7 ,term of registration ,the ,secretary shall approve applications meeting the criteria of this subsection for a term of #c years4 7#e7 ,renewal ,an employer may submit an application to renew the employer's status as a registered employer for additional #c-year periods4 7#f7 ,fee ,at the time an employer's application to be a registered employer or to renew such status is approved1 such employer shall pay a fee in an amount determined by the ,secretary to be sufficient to cover the costs of the registry of such employers4 7#g7 ,continued eligibility ,each registered employer shall submit to the ,secretary an annual report that demonstrates that the registered employer has provided the wages and working conditions the registered employer agreed to provide to its employees4 7e7 ,registered positions 7#a7 ,in general 7,a7 ,application ,each registered employer shall submit to the ,secretary an application to designate a position for which the employer is seeking a ,w nonimmigrant as a registered position4 ,each such application shall include a description of each such position4 7,b7 ,attestation ,an application submitted under subparagraph 7,a7 shall include an attestation of the following3 7i7 ,the number of employees of the employer4 7ii7 ,the occupational category1 as classified by the ,secretary of ,labor1 for which the registered position is sought4 7iii7 ,whether the occupation for which the registered position is sought is a shortage occupation4 7iv7 ,the wages to be paid to ,w nonimmigrants employed by the employer in the registered position1 including a position in a shortage occupation1 will be the greater of-- 7,i7 the actual wage level paid by the employer to other employees with similar experience and qualifications for such position2 or 7,,ii7 the prevailing wage level for the occupational classification of the position in the metropolitan statistical area of the employment1 based on the best information available as of the time of filing the application4 7v7 ,the working conditions for ,w nonimmigrants will not adversely affect the working conditions of other workers employed in similar positions4 7vi7 ,the employer has carried out the recruiting activities required by paragraph 7#b77;,b74 7vii7 ,there is no qualified ,united ,states worker who has applied for the position and who is ready1 willing1 and able to fill such position pursuant to the requirements in subparagraphs 7,b7 and 7,c7 of paragraph 7#b74 7viii7 ,there is not a strike1 lockout1 or work stoppage in the course of a labor dispute in the occupation at the place of employment at which the ,w nonimmigrant will be employed4 ,if such strike1 lockout1 or work stoppage occurs following submission of the application1 the employer will provide notification in accordance with all applicable regulations4 7ix7 7,i7 ,the employer has not laid off and will not layoff a ,united ,states worker during the period beginning #ij days prior to and ending #ij days after the date the employer files an application for designation of a position for which the ,w nonimmigrant is sought or hires such ,w nonimmigrant1 unless the employer has notified such ,united ,states worker of the position and documented the legitimate reasons that such ,united ,states worker is not qualified or available for the position4 7,,ii7 ,a ,united ,states worker is not laid off for purposes of this subparagraph if1 at the time such worker's employment is terminated1 such worker is not employed in the same occupation and in the same metropolitan statistical area where the registered position referred to in subclause 7,i7 is located4 7,c7 ,best information available ,in subparagraph 7,b77iv77,,ii71 the term best information available1 with respect to determining the prevailing wage for a position1 means-- 7i7 a controlling collective bargaining agreement or ,federal contract wage1 if applicable2 7ii7 if there is no applicable wage under clause 7i71 the wage level commensurate with the experience1 training1 and supervision required for the job based on ,bureau of ,labor ,statistics data2 or 7iii7 if the data referred to in clause 7ii7 is not available1 a legitimate and recent private survey of the wages paid for such positions in the metropolitan statistical area4 7,d7 ,permit ,the ,secretary shall provide each registered employer whose application submitted under subparagraph 7,a7 is approved with a permit that includes the number and description of such employer's approved registered positions4 7,e7 ,term of registration ,the approval of a registered position under subparagraph 7,a7 is for a term that begins on the date of such approval and ends on the earlier of-- 7i7 the date the employer's status as a registered employer is terminated2 7ii7 three years after the date of such approval2 or 7iii7 upon proper termination of the registered position by the employer4 7#b7 ,requirements 7,a7 ,eligible occupation ,each registered position shall be for a position in an eligible occupation as described in paragraph 7#c74 7,b7 ,recruitment of ,united ,states workers 7i7 ,requirements ,a position may not be a registered position unless the registered employer-- 7,i7 advertises the position for a period of #cj days1 including the wage range1 location1 and proposed start date-- 7aa7 on the ,internet website maintained by the ,secretary of ,labor for the purpose of such advertising2 and 7bb7 with the workforce agency of the ,state where the position will be located2 and 7,,ii7 carries out not less than #c of the recruiting activities described in subparagraph 7,c74 7ii7 ,duration of advertising ,the #cj day periods required by item 7aa7 of 7bb7 of clause 7i77,i7 may occur at the same time4 7,c7 ,recruiting activities ,the recruiting activities described in this subparagraph1 with respect to a position for which the employer is seeking a ,w nonimmigrant1 shall consist of any combination of the following as defined by the ,secretary of ,homeland ,security3 7i7 ,advertising such position at job fairs4 7ii7 ,advertising such position on the employer's external website4 7iii7 ,advertising such position on job search ,internet websites4 7iv7 ,advertising such position using presentations or postings at vocational1 career technical schools1 community colleges1 high schools1 or other educational or training sites4 7v7 ,posting such position with trade associations4 7vi7 ,utilizing a search firm to seek applicants for such position4 7vii7 ,advertising such position through recruitment programs with placement offices at vocational schools1 career technical schools1 community colleges1 high schools1 or other educational or training sites4 7viii7 ,advertising such position through advertising or postings with local libraries1 journals1 or newspapers4 7ix7 ,seeking a candidate for such position through an employee referral program with incentives4 7x7 ,advertising such position through advertising on radio or television4 7xi7 ,advertising such position through advertising1 postings1 or presentations with newspapers1 ,internet websites1 job fairs1 or community events targeted to constituencies designed to increase employee diversity4 7xii7 ,advertising such position through career day presentations at local high schools or community organizations4 7xiii7 ,providing in-house training4 7xiv7 ,providing third-party training4 7xv7 ,advertising such position through recruitment1 educational1 or other cooperative programs offered by the employer and a local economic development authority4 7xvi7 ,advertising such position twice in the ,sunday ads in the primary daily circulation newspaper in the area4 7xvii7 ,any other recruitment activities determined to be appropriate to be added by the ,commissioner4 7#c7 ,eligible occupation 7,a7 ,in general ,an occupation is an eligible occupation if the occupation-- 7i7 is a zone #a occupation1 a zone #b occupation1 or zone #c occupation2 and 7ii7 is not an excluded occupation under subparagraph 7,b74 7,b7 ,excluded occupations 7i7 ,occupations requiring college degrees ,an occupation that is listed in the ,occupational ,outlook ,handbook published by the ,bureau of ,labor ,statistics 7or similar successor publication7 that is classified as requiring an individual with a bachelor's degree or higher level of education may not be an eligible occupation4 7ii7 ,computer occupations ,an occupation in the field of computer operation1 computer programming1 or computer repair may not be an eligible occupation4 7,c7 ,publication ,the ,secretary of ,labor shall publish the eligible occupations1 designated as zone #a occupations1 zone #b occupations1 or zone #c occupations1 on an on-going basis on a publicly available website4 7#d7 ,filling of vacancies ,if a ,w nonimmigrant terminates employment in a registered position or is terminated from such employment by the registered employer1 such employer may fill that vacancy by hiring-- 7,a7 a certified alien2 7,b7 a ,w nonimmigrant2 7,c7 a ,united ,states worker2 or 7,d7 an alien who is the beneficiary of a petition for a visa described in section #bjc7;b77#c74 7#e7 ,period of approval 7,a7 ,in general ,except as provided in subparagraph 7,b71 a registered position shall be approved by the ,secretary for a period of #c years4 7,b7 ,intending immigrants 7i7 ,extension of period ,a registered position shall continue to be a registered position at the end of the #c-year period referred to in subparagraph 7,a7 if the ,w nonimmigrant hired for such position is the beneficiary of a petition for immigrant status filed by the registered employer pursuant to this ,act4 7ii7 ,termination of period ,the term of a registration position extended under clause 7i7 shall terminate on the date that is the earlier of-- 7,i7 the date the petition referred to in clause 7i7 for a ,w nonimmigrant is approved or denied by the ,secretary2 or 7,,ii7 the date of the termination of such ,w nonimmigrant's employment with the registered employer4 7#f7 ,fees 7,a7 ,registration fee 7i7 ,in general ,at the time a registered position is approved for a registered employer1 such employer shall pay a registration fee in an amount determined by the ,secretary4 7ii7 ,use of fee ,a fee collected under clause 7i7 shall be used to fund any aspect of the operation of the ,w visa program4 7,b7 ,additional fee 7i7 ,in general ,in addition to the fee required by subparagraph 7,a71 a registered employer shall pay an additional fee for each approved registered position as follows3 7,i7 ,a fee of #a1gej for the registered position if the registered employer is a small business and more than #ej percent and less than #ge percent of the employees of the registered employees are not ,united ,states workers4 7,,ii7 ,a fee of #c1ejj for the registered position if the registered employer is a small business and more than #ge percent of the employees of the registered employees are not ,united ,states workers4 7,,iii7 ,a fee of #c1ejj for the registered position if the registered employer is not a small business and more than #ae percent and less than #cj percent of the employees of the registered employees are not ,united ,states workers4 7ii7 ,use of fee ,a fee collected under clause 7i7 shall be used to fund the operations of the ,bureau4 7,c7 ,prohibition on other fees ,a registered employer may not be required to pay an additional fee under subparagraph 7,b7 if the registered employer is a small business4 7#g7 ,prohibition on registered positions for certain employers ,the ,secretary may not approve an application for a registered position for an employer if the employer is not a small business and #cj percent or more of the employees of the employer are not ,united ,states workers4 7f7 ,excluded geographic location ,no ,w nonimmigrant may be hired by a registered employer for an eligible occupation located in a metropolitan statistical area that has an unemployment rate that is more than #h #a_/b percent as reported in the most recent month preceding the date that the application is submitted to the ,secretary unless-- 7#a7 the ,commissioner has identified the eligible occupation as a shortage occupation2 or 7#b7 the ,secretary approves the registered position under subsection 7g77#d74 7g7 ,numerical limitation 7#a7 ,registered positions 7,a7 ,in general ,subject to paragraphs 7#c7 and 7#d71 the maximum number of registered positions that may be approved by the ,secretary for a year is as follows3 7i7 ,for the first year aliens are admitted as ,w nonimmigrants1 #bj1jjj4 7ii7 ,for the second such year1 #ce1jjj4 7iii7 ,for the third such year1 #ee1jjj4 7iv7 ,for the fourth such year1 #ge1jjj4 7v7 ,for each year after the fourth such year1 the level calculated for that year under paragraph 7#b74 7,b7 ,dates ,the first year referred to in subparagraph 7,a77i7 shall begin on ,april #a1 #bjae and end on ,march #ca1 #bjaf1 unless the ,secretary determines that such first year shall begin on ,october #a1 #bjae and end on ,september #cj1 #bjaf4 7#b7 ,years after year #d 7,a7 ,current year and preceding year ,in this paragraph-- 7i7 the term current year shall refer to the #ab-month period for which the calculation of the numerical limits under this paragraph is being performed2 and 7ii7 the term preceding year shall refer to the #ab-month period immediately preceding the current year4 7,b7 ,numerical limitation ,subject to subparagraph 7,d71 the number of registered positions that may be approved by the ,secretary for a year after the fourth year referred to in paragraph 7#a77;,a77iv7 shall be equal to the sum of-- 7i7 the number of such registered positions available under this paragraph for the preceding year2 and 7ii7 the product of-- 7,i7 the number of such registered positions available under this paragraph for the preceding year2 multiplied by 7,,ii7 the index for the current year calculated under subparagraph 7,c74 7,c7 ,index ,the index calculated under this subparagraph for a current year equals #a plus the sum of-- 7i7 one-fifth of a fraction-- 7,i7 the numerator of which is the number of registered positions that registered employers applied to have approved under subsection 7e77#a7 for the preceding year minus the number of registered positions approved under subsection 7e7 for the preceding year2 and 7,,ii7 the denominator of which is the number of registered positions approved under subsection 7e7 for the preceding year2 7ii7 one-fifth of a fraction-- 7,i7 the numerator of which is the number of registered positions the ,commissioner recommends be available under this subparagraph for the current year minus the number of registered positions available under this subsection for the preceding year2 and 7,,ii7 the denominator of which is the number of registered positions available under this subsection for the preceding year2 7iii7 three-tenths of a fraction-- 7,i7 the numerator of which is the number of unemployed ,united ,states workers for the preceding year minus the number of unemployed ,united ,states workers for the current year2 and 7,,ii7 the denominator of which is the number of unemployed ,united ,states workers for the preceding year2 and 7iv7 three-tenths of a fraction-- 7,i7 the numerator of which is the number of job openings as set out in the ,job ,openings and ,labor ,turnover ,survey of the ,bureau of ,labor ,statistics for the current year minus such number of job openings for the preceding year2 and 7,,ii7 the denominator of which is the number of such job openings for the preceding year2 7,d7 ,minimum and maximum levels ,the number of registered positions calculated under subparagraph 7,b7 for a #ab-month period may not be less than #bj1jjj or more than #bjj1jjj4 7#c7 ,additional registered positions for shortage occupations ,in addition to the number of registered positions made available for a year under paragraph 7#a71 the ,secretary shall make available for a year an additional number of registered positions for shortage occupations in a particular metropolitan statistical area4 7#d7 ,special allocations of registered positions 7,a7 ,authority to make available ,in addition to the number of registered positions made available for a year under paragraph 7#a7 or 7#c71 the ,secretary shall make additional registered positions available for the year for a specific registered employer if-- 7i7 7,i7 the maximum number of registered positions available under paragraph 7#a7 have been approved for the year and none remain available for allocation2 or 7,,ii7 such registered employer is located in a metropolitan statistical area that has an unemployment rate that is more than #h #a_/b percent as reported in the most recent month preceding the date that the application is submitted to the ,secretary2 and 7ii7 such registered employer has carried out not less than #g of the recruiting activities described in subsection 7e77#b77;,c7 and posts the position1 including the wage range1 location1 and initial date of employment1 for not less than #cj days-- 7,i7 on the ,internet website maintained by the ,secretary of ,labor for the purpose of such advertising2 and 7,,ii7 with the workforce agency of the ,state where the position will be located4 7,b7 ,duration of posting ,the #cj day periods required by subclauses 7,i7 or 7,,ii7 of subparagraph 7,a77iii7 may occur at the same time4 7,c7 ,wages ,a ,w nonimmigrant hired to perform an eligible occupation pursuant to a registered position made available under this paragraph may not be paid less than the greater of-- 7i7 the level #d wage set out in the ,foreign ,labor ,certification ,data ,center ,online ,wage ,library 7or similar successor website7 maintained by the ,secretary of ,labor for such occupation in that metropolitan statistical area2 or 7ii7 the mean of the highest two-thirds of wages surveyed for such occupation in that metropolitan statistical area4 7,d7 ,reduction of future registered positions ,each registered position made available for a year under this paragraph shall reduce by #a the number of registered positions made available under paragraph 7g77#a7 for the following year or the earliest possible year for which a registered position is available4 ,the limitation contained in paragraph 7h77#d7 shall not be reduced by any registered position made available under this paragraph4 7#e7 ,other consideration ,in no event shall the number of visas issued under section #aja7;a77#ae77,w77i7 exceed the number of registered positions in existence4 7h7 ,allocation of registered positions 7#a7 ,in general 7,a7 ,first #f-month period ,the number of registered positions available for the #f-month period beginning on the first day of a year is #ej percent of the maximum number of registered positions available for such year under subsection 7g77#a74 ,such registered positions shall be allocated as described in this subsection4 7,b7 ,second #f-month period ,the number of registered positions available for the #f-month period ending on the last day of a year is the maximum number of registered positions available for such year under subsection 7g77#a7 minus the number of registered positions approved during the #f-month period referred to in subsection 7,a74 ,such registered positions shall be allocated as described in this subsection4 7#b7 ,shortage occupations 7,a7 ,in general ,for the first month of each #f-month period referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 a registered position may not be created in an occupation that is not a shortage occupation4 7,b7 ,initial designations ,subparagraph 7,a7 shall not apply in any period for which the ,commissioner has not designated any shortage occupations4 7#c7 ,small businesses ,during the second1 third1 and fourth months of each #f-month period referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#a71 one-third of the number of registered positions allocated for such period shall be approved only for a registered employer that is a small business4 ,any such registered positions not approved for such small businesses during such months shall be available for any registered employer during the last #b months of each such #f-month period4 7#d7 ,meat1 poultry1 and fish cutters and trimmers ,in addition to the number of registered positions made available for a year under paragraph 7#a7 or 7#c7 of such section 7g71 the ,secretary shall make additional registered positions available for the year for occupations designated by the ,secretary of ,labor as ,meat1 ,poultry1 and ,fish ,cutters and ,trimmers4 ,the numerical limitation for such additional registered positions shall be no more than #aj percent of the annual numerical limitation provided for in such paragraph 7#a74 7#e7 ,limitation for construction occupations 7,a7 ,in general ,subject to subparagraph 7,b71 not more than #cc percent of the registered positions made available under subsection 7g77#a7 for a year may be granted to perform work in a construction occupation4 7,b7 ,maximum level ,notwithstanding subparagraph 7,a71 the number of registered positions granted to perform work in a construction occupation under subsection 7g77#a7 may not exceed #ae1jjj for a year and #g1ejj for any #f-month period4 7,c7 ,prohibition for occupations with high unemployment 7i7 ,in general ,a registered employer may not hire a certified alien for a registered position to perform work in a construction occupation if the unemployment rate for construction occupations in the corresponding occupational job zone in that metropolitan statistical area was more than #ha_/b percent4 7ii7 ,determination of unemployment rate ,the unemployment rate used in clause 7i7 shall be determined-- 7,i7 using the most recent survey taken by the ,bureau2 or 7,,ii7 if a survey referred to in subclause 7,i7 is not available1 a recent and legitimate private survey4 7i7 ,portability ,a ,w nonimmigrant who is admitted to the ,united ,states for employment by a registered employer may-- 7#a7 terminate such employment for any reason2 and 7#b7 seek and accept employment with another registered employer in any other registered position within the terms and conditions of the ,w nonimmigrants visa4 7j7 ,promotion ,a registered employer who has applied for a registered position in a shortage occupation may promote the ,w nonimmigrant hired for that registered position to a registered position in an occupation that is not a shortage occupation if the ,w nonimmigrant has been employed with that employer for a period of not less than #ab months4 ,such a promotion shall not increase the total number of registered positions available to that employer4 7k7 ,prohibition on outplacement ,a registered employer may not place1 outsource1 lease1 or otherwise contract for the services or placement of a ,w nonimmigrant employee with another employer if more than #ae percent of the employees of the registered employer are ,w nonimmigrants4 7l7 ,w nonimmigrant protections 7#a7 ,applicability of laws ,a ,w nonimmigrant shall not be denied any right or any remedy under ,federal1 ,state1 or local labor or employment law that would be applicable to a ,united ,states worker employed in a similar position with the employer because of the alien's status as a nonimmigrant worker4 7#b7 ,waiver of rights prohibited 7,a7 ,in general ,a ,w nonimmigrant may not be required to waive any substantive rights or protections under this ,act4 7,b7 ,construction ,nothing under this paragraph may be construed to affect the interpretation of any other law4 7#c7 ,prohibition on treatment as independent contractors 7,a7 ,in general ,notwithstanding any other provision of law-- 7i7 a ,w nonimmigrant is prohibited from being treated as an independent contractor under any ,federal or ,state law2 and 7ii7 no person1 including an employer or labor contractor and any persons who are affiliated with or contract with an employer or labor contractor1 may treat a ,w nonimmigrant as an independent contractor4 7,b7 ,construction ,subparagraph 7,a7 may not be construed to prevent registered employers who operate as independent contractors from employing ,w nonimmigrants4 7#d7 ,payment of fees 7,a7 ,in general ,a fee related to the hiring of a ,w nonimmigrant required to be paid by an employer under this ,act shall be paid by the employer and may not be deducted from the wages or other compensation paid to a ,w nonimmigrant4 7,b7 ,excluded costs ,the cost of round trip transportation from a certified alien's home to the location of a registered position and the cost of obtaining a foreign passport are not fees required to be paid by the employer4 7#e7 ,tax responsibilities ,an employer shall comply with all applicable ,federal1 ,state1 and local tax laws with respect to each ,w nonimmigrant employed by the employer4 7#f7 ,whistleblower protection 7,a7 ,prohibited activities ,it shall be unlawful for an employer of a ,w nonimmigrant to intimidate1 threaten1 restrain1 coerce1 retaliate1 discharge1 or in any other manner1 discriminate against an employee or former employee because the employee or former employee-- 7i7 discloses information to the employer or any other person that the employee or former employee reasonably believes demonstrates a violation of this section2 or 7ii7 cooperates or seeks to cooperate in an investigation or other proceeding concerning compliance with the requirements of this section4 7m7 ,complaint process ,the ,secretary shall establish a process for the receipt1 investigation1 and disposition of complaints with respect to-- 7#a7 the failure of a registered employer to meet a condition of this section2 or 7#b7 the lay off or non-hiring of a ,united ,states worker as required by this section4 7n7 ,enforcement 7#a7 ,in general ,the ,secretary shall promulgate regulations for the receipt1 investigation1 and disposition of complaints by an aggrieved ,w nonimmigrant respecting a violation of this section4 7#b7 ,filing deadline ,no investigation or hearing shall be conducted on a complaint concerning a violation under this section unless the complaint was filed not later than #f months after the date of such violation4 7#c7 ,reasonable basis ,the ,secretary shall conduct an investigation under this subsection if there is reasonable basis to believe that a violation of this section has occurred4 ,the process established under this subsection shall provide that1 not later than #cj days after a complaint is filed1 the ,secretary shall determine if there is reasonable cause to find such a violation4 7#d7 ,notice and hearing 7,a7 ,in general ,not later than #fj days after the ,secretary makes a determination of reasonable basis under paragraph 7#c71 the ,secretary shall issue a notice to the interested parties and offer an opportunity for a hearing on the complaint1 in accordance with section #eef of title #e1 ,united ,states ,code4 7,b7 ,hearing deadline ,not later than #fj days after the date of a hearing under this paragraph1 the ,secretary shall make a finding on the matter4 7#e7 ,attorney's fees 7,a7 ,award ,a complainant who prevails in an action under this subsection with respect to a claim related to wages or compensation for employment1 or a claim for a violation of subsection 7l7 or 7m71 shall be entitled to an award of reasonable attorney's fees and costs4 7,b7 ,frivolous complaints ,a complainant who files a frivolous complaint for an improper purpose under this subsection shall be liable for the reasonable attorney's fees and costs of the person named in the complaint4 7#f7 ,power of the ,secretary ,the ,secretary may bring an action in any court of competent jurisdiction-- 7,a7 to seek remedial action1 including injunctive relief2 7,b7 to recover the damages described in this subsection and subsection 7o72 or 7,c7 to ensure compliance with terms and conditions described in subsection 7l77#f74 7#g7 ,procedures in addition to other rights of employees ,the rights and remedies provided to ,w nonimmigrants under this section are in addition to any other contractual or statutory rights and remedies of the workers1 and are not intended to alter or affect such rights and remedies4 7o7 ,penalties 7#a7 ,in general ,if1 after notice and an opportunity for a hearing1 the ,secretary finds a violation of this section1 the ,secretary may impose administrative remedies and penalties1 including-- 7,a7 back wages2 7,b7 benefits2 and 7,c7 civil monetary penalties4 7#b7 ,civil penalties ,the ,secretary may impose1 as a civil penalty-- 7,a7 for a violation of this subsection-- 7i7 a fine in an amount not more than #b1jjj per violation per affected worker and #d1jjj per violation per affected worker for each subsequent violation2 7ii7 if the violation was willful1 a fine in an amount not more than #e1jjj per violation per affected worker2 7iii7 if the violation was willful and if in the course of such violation a ,united ,states worker was harmed1 a fine in an amount not more than #be1jjj per violation per affected worker2 or 7,b7 for knowingly failing to materially comply with the terms of representations made in petitions1 applications1 certifications1 or attestations under this section-- 7i7 a fine in an amount not more than #d1jjj per aggrieved worker2 and 7ii7 upon the occasion of a third offense of failure to comply with representations1 a fine in an amount not to exceed #e1jjj per affected worker and designation as an ineligible employer1 recruiter1 or broker for purposes of any immigrant or nonimmigrant program4 7#c7 ,criminal penalty ,any person who misrepresents the number of full-time equivalent employees of an employer or the number of employees of a person who are ,united ,states workers for the purpose of reducing a fee under subsection 7e77#f7 or avoiding the limitation in subsection 7e77#g71 shall be fined in accordance with title #ah1 ,united ,states ,code1 in an amount up to #be1jjj or imprisoned not more than #a year1 or both4 7p7 ,monitoring 7#a7 ,requirement to monitor ,the ,secretary shall monitor the movement of ,w nonimmigrants in registered positions through-- 7,a7 the ,employment ,verification ,system described in section #bgd;,a7d72 and 7,b7 the electronic monitoring system described in paragraph 7#b74 7#b7 ,electronic monitoring system ,the ,secretary1 through ,u4,s4 ,citizenship and ,immigration ,services1 shall implement an electronic monitoring system to monitor presence and employment of ,w nonimmigrants4 ,such system shall be modeled on the ,student and ,exchange ,visitor ,information ,system 7,,sevis7 and ,,sevis ,,ii tracking system of ,u4,s4 ,immigration and ,customs ,enforcement4 4 7#b7 ,table of contents amendment ,the table of contents in the first section 7#h ,u4,s4,c4 #aaja et seq47 is amended by adding after the item relating to section #bai the following3 ,sec4 #bbj4 ,admission of ,w nonimmigrant workers44 7b7 ,intention to abandon foreign residence ,section #bad7;h7 7#h ,u4,s4,c4 #aahd7;h77 is amended by striking or 7,v7 and inserting 7,v71 or 7,w74 ,h ,investing in new venture1 entrepreneurial startups1 and technologies #dhja4 ,nonimmigrant ,,invest visas 7a7 ,,invest nonimmigrant category ,section #aja7;a77#ae7 7#h ,u4,s4,c4 #aaja7;a77#ae771 as amended by sections #bbca1 #dejd1 and #dgjb1 is further amended by inserting after the material added by section #bbca1 the following3 7,x7 subject to the definitions in section #bjc7;b77#f71 is a qualified entrepreneur who has demonstrated1 during the #c-year period ending on the date on which the alien filed an initial petition for nonimmigrant status described in this clause that-- 7i7 a qualified venture capitalist1 a qualified super angel investor1 a qualified government entity1 a qualified community development financial institution1 or such other entity or set of investors1 as determined by the ,secretary1 has devoted a qualified investment of not less than #ajj1jjj to the alien's ,united ,states business entity2 or 7ii7 the alien's ,united ,states business entity has created no fewer than #c qualified jobs and during the #b-year period ending on such date has generated not less than #bej1jjj in annual revenue in the ,united ,states4 4 7b7 ,admission of ,,invest nonimmigrants ,section #bad 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,,invest nonimmigrant visas 7#a7 ,definitions ,the definitions in section #bjc7;b77#f77;,a7 apply in this subsection4 7#b7 ,initial period of authorized admission ,the period of authorized status as a nonimmigrant described in section #aja7;a77#ae77,x7 shall be for an initial #c-year period4 7#c7 ,renewal of admission ,subject to paragraph 7#d71 the initial period of authorized nonimmigrant status described in paragraph 7#b7 may be renewed for additional #c-year periods if during the most recent #c-year period that the alien was granted such status-- 7,a7 the alien's ,united ,states business entity has created no fewer than #c qualified jobs and a qualified venture capitalist1 a qualified super angel investor1 a qualified government entity1 a qualified community development financial institution1 or such other entity or set of investors as determined by the ,secretary1 has devoted a qualified investment of not less than #bej1jjj to the alien's ,united ,states business entity2 or 7,b7 the alien's ,united ,states business entity has created no fewer than #c qualified jobs and1 during the #b year period ending on the date that the alien petitioned for an extension1 has generated not less than #bjj1jjj in annual revenue within the ,united ,states4 7#d7 ,waiver of renewal requirements ,the ,secretary may renew an alien's status as a nonimmigrant described in section #aja7;a77#ae77,x7 for up to two #a-year periods if the alien-- 7,a7 does not meet the criteria of paragraph 7#c72 and 7,b7 meets the criteria established by the ,secretary1 in consultation with the ,secretary of ,commerce1 for approving renewals under this subclause which shall include finding that-- 7i7 the alien has made substantial progress in meeting such criteria2 and 7ii7 such renewal that is economically beneficial to the ,united ,states4 7#e7 ,attestation ,the ,secretary may require an alien seeking status under section #aja7;a77#ae77,x7 to attest1 under penalties of perjury1 to the alien's qualifications4 4 #dhjb4 ,,invest immigrant visa 7a7 ,establishment of ,,invest nonimmigrant visa ,section #bjc7;b7 7#h ,u4,s4,c4 #aaec7;b77 is amended-- 7#a7 by redesignating paragraph 7#f7 as paragraph 7#g72 and 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,,invest immigrants 7,a7 ,definitions ,in this paragraph1 section #aja7;a77#ae77,x71 and section #bad7s73 7i7 ,qualified community development financial institution ,the term qualified community development financial institution is defined as provided under section #ahje4bja #de;,d7c7 of title #ab1 ,code of ,federal ,regulations1 or any similar successor regulations4 7ii7 ,qualified entrepreneur ,the term qualified entrepreneur means an individual who-- 7,i7 has a significant ownership interest1 which need not constitute a majority interest1 in a ,united ,states business entity2 7,,ii7 is employed in a senior executive position of such ,united ,states business entity2 7,,iii7 submits a business plan to ,u4,s4 ,citizenship and ,immigration ,services2 and 7,,iv7 had a substantial role in the founding or early-stage growth and development of such ,united ,states business entity4 7iii7 ,qualified government entity ,the term qualified government entity means an agency or instrumentality of the ,united ,states or of a ,state1 local1 or tribal government4 7iv7 ,qualified investment ,the term qualified investment-- 7,i7 means an investment in a qualified entrepreneur's ,united ,states business entity that is-- 7aa7 an equity purchase2 7bb7 a secured loan2 7cc7 a convertible debt note2 7dd7 a public securities offering2 7ee7 a research and development award from a qualified government entity2 7ff7 other investment determined appropriate by the ,secretary2 or 7gg7 a combination of the investments described in items 7aa7 through 7ff72 and 7,,ii7 may not include an investment from such qualified entrepreneur1 the parents1 spouse1 son or daughter of such qualified entrepreneur1 or from any corporation1 company1 association1 firm1 partnership1 society1 or joint stock company over which such qualified entrepreneur has a substantial ownership interest4 7v7 ,qualified job ,the term qualified job means a full-time position of ,united ,states business entity owned by a qualified entrepreneur that-- 7,i7 is located in the ,united ,states2 7,,ii7 has been filled by an individual who is not the qualified entrepreneur or the spouse1 son1 or daughter of the qualified entrepreneur for at least #b years2 and 7,,iii7 pays a wage that is not less than #bej percent of the ,federal minimum wage4 7vi7 ,qualified super angel investor ,the term qualified super angel investor means an individual or organized group of individuals investing directly or through a legal entity-- 7,i7 each of whom is an accredited investor1 as defined in section #bcj4eja7;a7 of title #ag1 ,code of ,federal ,regulations1 or any similar successor regulation1 investing the funds owned by such individual or organized group in a qualified entrepreneur's ,united ,states business entity2 7,,ii7 7aa7 if an individual1 is a citizen of the ,united ,states or an alien lawfully admitted for permanent residence2 or 7bb7 if an organized group or legal entity1 a majority of the individuals investing through such group or entity are citizens of the ,united ,states or aliens lawfully admitted for permanent residence2 and 7,,iii7 each of whom in the previous #c years has made qualified investments in a total amount determined to be appropriate by the ,secretary1 that is not less than #ej1jjj1 in ,united ,states business entities which are less than #e years old4 7vii7 ,qualified venture capitalist ,the term qualified venture capitalist means an entity-- 7,i7 that-- 7aa7 is a venture capital operating company1 as defined in section #beaj4c-aaj7;d7 of title #bi1 ,code of ,federal ,regulations 7or any successor thereto72 or 7bb7 has management rights1 as defined in1 and to the extent required by1 such section #beaj4c-aaj 7d7 7or successor thereto71 in its portfolio companies2 7,,ii7 that has capital commitments of not less than #aj1jjj1jjj2 and 7,,iii7 the investment adviser1 as defined in section #bjb of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#b71 for which-- 7aa7 has its primary office location in the ,united ,states2 7bb7 is owned1 directly or indirectly1 by individuals1 the majority of whom are citizens of the ,united ,states or aliens lawfully admitted for permanent residence in the ,united ,states2 7cc7 has been advising such entity or other similar funds or entities for at least #b years2 and 7dd7 has made1 on behalf of such entity or a similar fund or entity1 at least #b investments of not less than #ejj1jjj during each of the most recent #b years4 7viii7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7ix7 ,senior executive position ,the term senior executive position includes the position of chief executive officer1 chief technology officer1 and chief operating officer4 7x7 ,united ,states business entity ,the term business entity means any corporation1 company1 association1 firm1 partnership1 society1 or joint stock company that is organized under the laws of the ,united ,states or any ,state and that conducts business in the ,united ,states that is not-- 7,i7 a private fund1 as defined in #bjb7;a7 of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#b72 7,,ii7 a commodity pool1 as defined in section #a;a of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a72 7,,iii7 an investment company1 as defined in section #c of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c72 or 7,,iv7 an issuer that would be an investment company but for an exemption provided in-- 7aa7 section #c7;c7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c7;c72 or 7bb7 section #bgj4c;a-#g of title #ag of the ,code of ,federal ,regulations or any similar successor regulation4 7,b7 ,in general ,visas shall be available1 in a number not to exceed #aj1jjj for each fiscal year1 to qualified immigrants seeking to enter the ,united ,states for the purpose of creating new businesses1 as described in this paragraph4 7,c7 ,eligibility ,an alien is eligible for a visa under this paragraph if-- 7i7 7,i7 the alien is a qualified entrepreneur2 7,,ii7 the alien maintained valid nonimmigrant status in the ,united ,states for at least #b years2 7,,iii7 during the #c-year period ending on the date the alien files an initial petition for such status under this section-- 7aa7 7,,aa7 the alien has a significant ownership in a ,united ,states business entity that has created no fewer than #e qualified jobs2 and 7,,bb7 a qualified venture capitalist1 a qualified super angel investor1 a qualified government entity1 a qualified community development financial institution1 or such other entity or set of investors1 as determined by the ,secretary1 has devoted a qualified investment of not less than #ejj1jjj to the alien's ,united ,states business entity2 or 7bb7 7,,aa7 the alien has a significant ownership interest in a ,united ,states business entity that has created no fewer than #e qualified jobs2 and 7,,bb7 during the #b-year period ending on such date has generated not less than #gej1jjj in annual revenue within the ,united ,states2 and 7,,iv7 no more than #b other aliens have received nonimmigrant status under this section on the basis of an alien's ownership of such business entity2 7ii7 7,i7 the alien is a qualified entrepreneur2 7,,ii7 the alien maintained valid nonimmigrant status in the ,united ,states for at least #c years prior to the date of filing an application for such status2 7,,iii7 the alien holds an advanced degree in a field of science1 technology1 engineering1 and mathematics1 approved by the ,secretary2 and 7,,iv7 during the #c-year period ending on the date the alien files an initial petition for such status under this section-- 7aa7 7,,aa7 the alien has a significant ownership interest in a ,united ,states business entity that has created no fewer than #d qualified jobs2 and 7,,bb7 a qualified venture capitalist1 a qualified super angel investor1 a qualified government entity1 a qualified community development financial institution1 or such other entity or set of investors1 as determined by the ,secretary1 has devoted a qualified investment of not less than #ejj1jjj to the alien's ,united ,states business entity2 or 7bb7 7,,aa7 the alien has a significant ownership interest in a ,united ,states business entity that has created no fewer than #c qualified jobs2 and 7,,bb7 during the #b-year period ending on such date has generated not less than #ejj1jjj in annual revenue within the ,united ,states2 and 7,v7 no more than #c other aliens have received nonimmigrant status under this section on the basis of an alien's ownership of such business entity4 7,d7 ,attestation ,the ,secretary may require an alien seeking visa under this paragraph to attest1 under penalties of perjury1 to the alien's qualifications4 4 7b7 ,petition ,section #bjd7;a77#a77;,h7 7#h ,u4,s4,c4 #aaed7;a77#a77;,h77 is amended-- 7#a7 by striking #bjc7;b77#e7 and inserting paragraph 7#e7 or 7#f7 of section #bjc7;b72 and 7#b7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security4 #dhjc4 ,administration and oversight 7a7 ,regulations ,not later than #af months after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,commerce1 the ,administrator of the ,small ,business ,administration1 and other heads of other relevant ,federal agencies and department1 shall promulgate regulations to carry out the amendments made by this subtitle4 ,such regulations shall ensure that such amendments are implemented in a manner that is consistent with the protection of national security and promotion ,united ,states economic growth1 job creation1 and competitiveness4 7b7 ,modification of dollar amounts 7#a7 ,in general ,the ,secretary may from time to time prescribe regulations increasing or decreasing any dollar amount specified in paragraph 7#f7 of section #bjc7;b7 of the ,immigration and ,nationality ,act1 as added by section #b1 subparagraph 7,x7 of section #aja7;a77#ae7 of such ,act1 as added by section #dhja1 or subsection 7s7 of section #bad1 as added by #dhjb4 7#b7 ,automatic adjustment ,unless a dollar amount referred to in paragraph 7#a7 is adjusted by the ,secretary under paragraph 7#a71 such dollar amounts shall automatically adjust on ,january #a1 #bjaf by the percentage change in the ,consumer ,price ,index 7,,cpi-,u7 during fiscal year #bjae1 and on every fifth subsequent ,january #a by the percentage change in the ,,cpi-,u during the previous five fiscal years1 for any petition filed to classify an alien under this paragraph on or after the date of each automatic adjustment4 7c7 ,other authority ,the ,secretary1 in the ,secretary's unreviewable discretion1 may deny or revoke the approval of a petition seeking classification of an alien under this paragraph or any other petition1 application1 or benefit based upon the previous or concurrent filing or approval of a petition for classification of an alien under this paragraph1 if the ,secretary determines1 in the ,secretary's sole and unreviewable discretion1 that the approval or continuation of such petition1 application1 or benefit is contrary to the national interest of the ,united ,states or for other good cause4