,i #aafth ,,congress #ast ,session ,h4 ,r4 #eagd ,,in ,,the ,,house ,,of ,,representatives ,november #ai1 #bjai,mr4 ,curtis introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,education and ,labor1 ,ways and ,means1 ,agriculture1 ,financial ,services1 and ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,immigration and ,nationality ,act to provide for a ,state-sponsored nonimmigrant pilot program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,state ,sponsored ,visa ,pilot ,program ,act of #bjai4 #b4 ,state-sponsored nonimmigrant program ,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,u77iii71 by striking the 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 7i7 an alien who is sponsored by a ,state and who is coming temporarily to the ,united ,states to reside in the ,state to perform services1 provide capital investment1 direct the operations of an enterprise1 or otherwise contribute to the economic development agenda of the ,state in a manner determined by the ,state2 and 7ii7 the alien spouse and minor children of any alien described in clause 7i74 4 #c4 ,admission of ,state-,sponsored nonimmigrants 7a7 ,requirements for ,state-,sponsored nonimmigrants ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended-- 7#a7 in subsection 7h71 by striking 7,h77i77b7 or 7c71 7,l71 or 7,v7 and inserting 7,h77i77b71 7,h77i77c71 7,l71 7,v71 or 7,w72 and 7#b7 by adding at the end the following3 7s7 ,requirements applicable to ,state-,sponsored nonimmigrant visas 7#a7 ,definitions ,in this subsection3 7,a7 ,reside ,the term reside means to live and establish a residence in a ,state for a consecutive period of more than #ad days 7not including any period after the approval of the resident's petition for immigrant status74 7,b7 ,secretary ,except as otherwise specifically provided in this subsection1 the term ,secretary means the ,secretary of ,homeland ,security4 7,c7 ,state ,notwithstanding section #aja7;a77#cf71 the term ,state means a ,state of the ,united ,states and the ,district of ,columbia4 7,d7 ,state-sponsored nonimmigrant ,the term ,state-sponsored nonimmigrant means an alien who has been sponsored by a ,state for admission under section #aja7;a77#ae77,w74 7,e7 ,state-sponsored nonimmigrant program ,the term ,state-sponsored nonimmigrant program means a nonimmigrant program to regulate the employment1 investment1 and residence of ,state-sponsored nonimmigrants4 7,f7 ,state-sponsored nonimmigrant status ,the term ,state-sponsored nonimmigrant status means status granted to an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77,w74 7#b7 ,state-sponsored nonimmigrant program ,any ,state may submit an application to the ,secretary to participate in the ,state-sponsored nonimmigrant program by sponsoring aliens for admission to the ,united ,states4 7#c7 ,state-sponsored nonimmigrant program approval ,the ,secretary shall approve any application submitted by a ,state 7or compact of ,states7 under paragraph 7#b7 for a ,state-sponsored nonimmigrant program that-- 7,a7 was approved by the legislature of the ,state2 7,b7 regulates1 in a manner determined by the ,state1 the employment and residence of ,state-sponsored nonimmigrants2 7,c7 implements procedures1 in a manner determined by the ,secretary1 to inform the ,secretary of the failure of a nonimmigrant to comply with the terms of ,state-sponsored nonimmigrant status when the ,state is made aware of such failure2 7,d7 allows1 in a manner determined by the ,state1 a ,state-sponsored nonimmigrant who has been admitted to seek employment with an employer other than the employer with which the nonimmigrant was initially employed2 and 7,e7 implements procedures1 in a manner determined by the ,secretary1 to annually inform the ,secretary of the address and employment of all ,state-sponsored nonimmigrants residing in the ,state4 7#d7 ,state petition 7,a7 ,in general ,a ,state that participates in the ,state-sponsored nonimmigrant program shall submit a petition in such form and containing such information as the ,secretary shall specify to sponsor an alien under this subsection4 7,b7 ,approval ,a visa may not be granted to an alien described in subparagraph 7,a7 until the ,secretary approves a petition submitted pursuant to subparagraph 7,a74 ,such approval does not1 of itself1 establish that the alien is a nonimmigrant4 7,c7 ,fee ,a ,state that submits a petition under subparagraph 7,a7 shall pay a fee in amount determined by the ,secretary to cover the cost of the adjudication of the application4 7#e7 ,state-sponsored nonimmigrants ,the ,secretary of ,state shall approve a nonimmigrant visa for an alien and the ,secretary of ,homeland ,security shall admit the alien to the ,united ,states as a ,state-sponsored nonimmigrant or grant ,state-sponsored nonimmigrant status to the alien if the alien-- 7,a7 is otherwise admissible under this ,act2 7,b7 has not been convicted of a felony1 any crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code71 or any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances2 7,c7 is petitioned for by a ,state that participates in the ,state-sponsored nonimmigrant program approved by the ,secretary under paragraph 7#c72 7,d7 has not previously violated any term or condition of ,state-sponsored nonimmigrant status2 and 7,e7 has paid any bond that the ,state may require under paragraph 7#ac74 7#f7 ,period of authorized status 7,a7 ,in general ,the period of authorized status for a ,state-sponsored nonimmigrant shall be a period determined by the ,state1 but may not exceed #c years4 7,b7 ,renewal 7i7 ,location ,subject to clause 7ii71 the period of authorized status under subparagraph 7,a7 shall be renewable inside or outside of the ,united ,states4 7ii7 ,condition ,renewals under clause 7i7 may be granted only if-- 7,i7 the sponsoring ,state requests such renewal2 and 7,,ii7 the ,state-sponsored nonimmigrant has resided continuously in such sponsoring ,state1 or ,states subject to an interstate compact 7not including any period of residence after the approval of a petition for immigrant status of which the alien is a beneficiary74 7,c7 ,termination ,the ,secretary shall terminate the period of authorized status if-- 7i7 the ,state-sponsored nonimmigrant resides or works outside of the ,state1 or ,states subject to an interstate compact under paragraph 7#g71 that sponsored the alien2 7ii7 the ,state-sponsored nonimmigrant fails to follow all rules and regulations required by the ,state1 as determined by the ,state 7following any appeals process the ,state may create72 or 7iii7 the ,state that sponsored the nonimmigrant requests that the status of the nonimmigrant be terminated 7following any appeals process the ,state may create7 unless another ,state sponsors the nonimmigrant4 7,d7 ,employment authorization 7i7 ,in general ,all aliens admitted as ,state-sponsored nonimmigrants under section #aja7;a77#ae77,w7-- 7,i7 shall be authorized for employment for purposes of section #bgd;,a2 and 7,,ii7 shall be issued appropriate documentation evidencing such authorization4 7ii7 ,state regulation ,notwithstanding clause 7i71 the employment of ,state-sponsored nonimmigrants may be regulated in a manner determined by each ,state that participates in the ,state-sponsored nonimmigrant program4 7#g7 ,state compacts 7,a7 ,in general ,states may enter into interstate compacts for the joint implementation or administration of the ,state-sponsored nonimmigrant program in such ,states4 7,b7 ,consideration ,a ,state-sponsored nonimmigrant shall be considered to be sponsored by a ,state if the ,state-sponsored nonimmigrant is sponsored by any ,state subject to an interstate compact under subparagraph 7,a7 and resides in any such ,state4 7#h7 ,appeals 7,a7 ,federal appeals ,the denial of an application by a ,state to be a ,state-sponsored nonimmigrant or the request to terminate the period of authorized status by a ,state-- 7i7 is not reviewable by any ,federal department1 agency1 or court2 and 7ii7 may not be grounds for an appeal of a termination of a visa or status for a ,state-sponsored nonimmigrant4 7,b7 ,state appeals ,at the sole discretion of the ,state and in a manner determined by the ,state1 a ,state that participates in the ,state-sponsored nonimmigrant program may create a process for a ,state-sponsored nonimmigrant or an alien that has applied for participation in the ,state-sponsored nonimmigrant program in the ,state to appeal an adjudication of an application by the ,state or determination by the ,state that the ,state-sponsored nonimmigrant violated the terms or conditions that were created by the ,state for the participation of the alien in the ,state-sponsored nonimmigrant program in the ,state4 7#i7 ,waiver of rights prohibited 7,a7 ,in general ,except as provided in subparagraph 7,c71 a ,state-sponsored 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 ,exception ,notwithstanding subparagraph 7,a7 or any other provision of law1 an alien may not be provided ,state-sponsored nonimmigrant status unless the alien has waived any right-- 7i7 to review or appeal under this ,act of an immigration officer's determination as to the admissibility of the alien at the port of entry into the ,united ,states2 or 7ii7 to contest or appeal1 other than on the basis of an application for asylum1 any action for removal of the alien4 7#aj7 ,tax responsibilities ,an employer shall comply with all applicable ,federal1 ,state1 and local tax laws with respect to each ,state-sponsored nonimmigrant employed by the employer4 7#aa7 ,labor and tax laws ,state-sponsored nonimmigrants shall be subject to all ,federal1 ,state1 and local laws regarding taxation1 employment1 or hiring of persons in the ,state4 7#ab7 ,federal public benefits 7,a7 ,in general ,state-sponsored nonimmigrants-- 7i7 are not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf2 7ii7 shall be subject to the rules applicable to individuals who are not lawfully present set forth in subsection 7e7 of such section2 and 7iii7 7,i7 shall not be allowed any credit under section #bd or #cb of the ,internal ,revenue ,code of #aihf2 and 7,,ii7 in the case of a joint return1 no credit shall be allowed under either such section if both spouses are ,state-sponsored nonimmigrants4 7,b7 ,employer fee ,for purposes of subsections 7a77#b7 and 7b77#a77;,b7 of #dihj;,h of the ,internal ,revenue ,code of #aihf1 a ,state-sponsored nonimmigrant shall be treated as a full-time employee certified as having enrolled in a qualified health plan with respect to which an applicable premium tax credit or cost-sharing reduction is allowed or paid with respect to the employee4 7,c7 ,other benefits ,notwithstanding any other provision of law1 a ,state-sponsored nonimmigrant shall not be eligible for-- 7i7 any assistance or benefits provided under a ,state program funded under the temporary assistance for needy families program under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7ii7 any medical assistance provided under a ,state ,medicaid plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 or under a waiver of such plan1 other than emergency medical assistance provided under paragraphs 7#b7 and 7#c7 of section #aijc7v71 and any child health assistance provided under a ,state child health plan under title ,,xxi of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;aa et seq47 or under a waiver of such plan2 7iii7 any benefits or assistance provided under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 7iv7 supplemental security income benefits provided under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha72 7v7 ,federal ,pell ,grants under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a72 7vi7 housing vouchers under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f72 7vii7 ,federal old-age1 survivors1 and disability insurance benefits under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq472 7viii7 health insurance benefits for the aged and disabled under the ,medicare ,program established under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq472 or 7ix7 assistance or benefits provided under the program of block grants to ,states for social services under subtitle ,a of title ,,xx of the ,social ,security ,act 7#db ,u4,s4,c4 #acig et seq474 7,d7 ,employer payments ,an employer of a ,state-sponsored nonimmigrant shall pay into the general fund of the ,treasury an amount equivalent to the ,federal tax on the wages paid to the nonimmigrants that the employer would be obligated to pay under chapters #ba and #bc of the ,internal ,revenue ,code of #aihf had the nonimmigrants been subject to such chapters1 subject to the same penalties as provided for failure to pay such tax4 7,e7 ,inclusion of nonimmigrants in save ,not later than #cj days after the date of the enactment of the ,state ,sponsored ,visa ,pilot ,program ,act of #bjai1 the ,secretary shall modify the ,systematic ,alien ,verification for ,entitlements ,program of the ,united ,states ,citizenship and ,immigration ,services to add any status under section #aja7;a77#ae77,w7 as an alien category that is ineligible for any benefit program listed in subparagraph 7,c74 7#ac7 ,bonds 7,a7 ,in general ,states may require ,state-sponsored nonimmigrants to pay a bond in an amount determined by the ,state to incentivize voluntary compliance with the terms and conditions of the ,state-sponsored nonimmigrant program4 7,b7 ,study 7i7 ,in general ,at the end of each fiscal year1 the ,inspector ,general of the ,department of ,homeland ,security and the ,comptroller ,general of the ,united ,states shall each independently submit a report to the congressional committees specified in clause 7iii7 that identifies1 for each ,state that participates in the ,state-sponsored nonimmigrant program1 the percentage of ,state-sponsored nonimmigrants that have resided or worked illegally in a ,state other than the ,state that sponsored them 7not including any ,state-sponsored nonimmigrants who are beneficiaries of approved immigration petitions74 7ii7 ,assignment ,a ,state-sponsored nonimmigrant who resides or works illegally in a ,state other than the ,state that sponsored them shall be assigned to the percentage of the ,state that initially sponsored the alien if the ,state participates in an interstate compact4 7iii7 ,congressional committees ,the congressional committees specified in this clause are-- 7,i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,,ii7 the ,committee on the ,judiciary of the ,senate2 7,,iii7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,,iv7 the ,committee on the ,judiciary of the ,house of ,representatives4 7,c7 ,mandatory bonds 7i7 ,in general ,during the first fiscal year following a determination under subparagraph 7,b7 by the ,comptroller ,general or the ,inspector ,general of the ,department of ,homeland ,security that more than #c percent of the ,state-sponsored nonimmigrants sponsored by a ,state violated the terms and conditions of ,state-sponsored nonimmigrant status in the most recently completed fiscal year1 the ,state shall require each ,state-sponsored nonimmigrant in the ,state1 as a condition of participation in the ,state-sponsored nonimmigrant program1 to post a bond equal to not less than #d1jjj4 7ii7 ,subsequent bonds ,the bond amount under clause 7i7 shall be raised by #a1jjj during each fiscal year following a subsequent determination under subparagraph 7,b7 by the ,comptroller ,general or the ,inspector ,general of the ,department of ,homeland ,security that more than #c percent of the ,state-sponsored nonimmigrants sponsored by the ,state violated the terms and conditions of ,state-sponsored nonimmigrant status in the most recently completed fiscal year4 7iii7 ,inflation adjustment ,effective for the first fiscal year that begins more than #f months after the date of the enactment of the ,state ,sponsored ,visa ,pilot ,program ,act of #bjai1 and for each fiscal year thereafter1 the amounts described in this subparagraph shall be increased by the percentage 7if any7 by which the ,consumer ,price ,index for the month of ,june preceding the date on which such increase takes effect exceeds the ,consumer ,price ,index for all urban consumers published by the ,department of ,labor for the same month of the preceding calendar year4 7,d7 ,reimbursement of bonds 7i7 ,in general ,bonds paid to a ,state under this paragraph shall be reimbursed to any ,state-sponsored nonimmigrant that has not worked or resided in a ,state other than the ,state that sponsored the nonimmigrant or otherwise resided in the ,united ,states without status under the immigration laws in accordance with this subparagraph4 7ii7 ,full reimbursement ,the full amount of the bond shall be reimbursed in full immediately after-- 7,i7 7aa7 the alien applies to the ,secretary of ,state 7or the designee of such ,secretary7 at a ,united ,states embassy1 consulate1 or1 if specified by the ,secretary1 other locations outside the ,united ,states2 and 7bb7 in connection with the application1 the ,state-sponsored nonimmigrant confirms his or her identity1 or verifies his or her departure at such time from the ,united ,states pursuant to a biometric entry and exit data system2 7,,ii7 an approved petition for lawful permanent residency is approved on behalf of the ,state-sponsored nonimmigrant2 or 7,,iii7 the ,state-sponsored nonimmigrant dies4 7iii7 ,payee 7,i7 ,death of nonimmigrant ,upon the death of a ,state-sponsored nonimmigrant1 payment shall be immediately paid to such ,state-sponsored nonimmigrant's next of kin1 as designated by such ,state-sponsored nonimmigrant on the application to be a ,state-sponsored nonimmigrant4 7,,ii7 ,bank account ,a ,state-sponsored nonimmigrant may specify on the application to be a ,state-sponsored nonimmigrant a bank account to which such amount be sent after the satisfaction of a condition specified in clause 7ii74 7iv7 ,denial of reimbursement ,funds of a ,state-sponsored nonimmigrant held under this paragraph may not be denied by a ,state to the nonimmigrant unless the ,state demonstrates1 by clear and convincing evidence1 that the nonimmigrant knowingly violated a term or condition of ,state-sponsored nonimmigrant status-- 7,i7 by failing to depart the ,united ,states at the end of the period of authorized status2 or 7,,ii7 working or residing in a ,state that did not sponsor the nonimmigrant4 7v7 ,notice ,the ,secretary of ,state1 in conjunction with the ,secretary of ,homeland ,security1 shall inform the ,state that the ,state-sponsored nonimmigrant has complied with clause 7i74 7#ad7 ,penalties ,if a ,state-sponsored nonimmigrant works or resides outside of the ,state1 or any of the ,states under an interstate compact that sponsored the nonimmigrant or fails to comply with any term or condition of ,state-sponsored nonimmigrant status1 the ,secretary shall-- 7,a7 revoke the employment authorization of such nonimmigrant2 and 7,b7 initiate and expedited removal in accordance with section #bce4 7#ae7 ,state enforcement 7,a7 ,in general ,a ,state that participates in the ,state-sponsored nonimmigrant program may enforce all rules and regulations of the ,state-sponsored nonimmigrant program in the ,state against employers to the same extent as any other labor laws under ,state law4 7,b7 ,apprehension ,as a condition of participation in the ,state-sponsored nonimmigrant program1 a ,state shall reimburse any other ,state and any ,federal agency that has apprehended and detained a ,state-sponsored nonimmigrant sponsored by the ,state for the full costs of apprehension1 detention1 or removal of the nonimmigrant upon request of the apprehending ,state or ,federal agency4 7,c7 ,process ,the ,secretary shall establish a process through which a ,state may seek reimbursement under subparagraph 7,b74 7#af7 ,suspension of program approval ,the ,secretary shall suspend admissions under the ,state-sponsored nonimmigrant program for any ,state that fails-- 7,a7 to reimburse another ,state or a ,federal agency under paragraph 7#ae77;,b7 not later than #a year after a final judgment against the ,state2 or 7,b7 to reimburse1 in accordance with paragraph 7#ac77;,d71 a ,state-sponsored nonimmigrant who-- 7i7 has departed the ,united ,states2 7ii7 did not seek employment without authorization in a ,state that did not sponsor the nonimmigrant2 and 7iii7 did not otherwise reside in the ,united ,states without status under the immigration laws4 7#ag7 ,fees 7,a7 ,federal fees ,a ,state shall pay a fee to the ,secretary for each year in which the ,state participates in the ,state-sponsored nonimmigrant program in an amount determined by the ,secretary to be necessary to cover the ,federal costs of overseeing the ,state-sponsored nonimmigrant program in the ,state4 7,b7 ,state fees ,nothing in this subsection may be construed to limit or regulate fees required by the ,state for ,state-sponsored nonimmigrants or employers of ,state-sponsored nonimmigrants4 7#ah7 ,numerical limitations 7,a7 ,in general ,the total number of aliens who may be issued visas or otherwise provided ,state-sponsored nonimmigrant status under this subsection during any fiscal year may not exceed the total number of visas computed under subparagraph 7,b74 7,b7 ,distribution ,subject to subparagraphs 7,c71 7,d71 and 7,e71 the number of ,state-sponsored nonimmigrant visas made available in a fiscal year to a ,state that participates in the ,state-sponsored nonimmigrant program shall be the sum of-- 7i7 #e1jjj2 7ii7 the sum of the amounts computed under subparagraphs 7,c7 and 7,d7 in the prior year2 and 7iii7 the percentage of the total population in all ,states participating in the ,state-sponsored nonimmigrant program represented by the population of that ,state multiplied by the sum of-- 7,i7 #bde1jjj2 7,,ii7 the number of nonparticipating ,states multiplied by #e1jjj2 and 7,,iii7 the total number of visas available in the previous fiscal year that were revoked or not used4 7,c7 ,economic growth ,the amounts computed under subparagraphs 7,a7 and 7,b7 for the prior fiscal year shall be adjusted annually in proportion to the percentage increase or decrease in the ,gross ,domestic ,product of the ,united ,states in the prior year1 as determined by the ,bureau of ,economic ,analysis of the ,department of ,commerce4 7,d7 ,compliance 7i7 ,increases ,the number of ,state-sponsored nonimmigrant visas made available to a ,state under subparagraph 7,c7 shall be increased by #aj percent over the prior fiscal year in each fiscal year immediately following a fiscal year in which less than #c percent of the ,state-sponsored nonimmigrants sponsored by the ,state violated the terms and conditions of ,state-sponsored nonimmigrant status1 as determined by the ,inspector ,general of the ,department of ,homeland ,security or the ,comptroller ,general of the ,united ,states in the reports required under paragraph 7#ac77;,b74 7ii7 ,decreases ,the number of ,state-sponsored nonimmigrant visas made available to a ,state under subparagraph 7,c7 shall be decreased by #ej percent in each fiscal year immediately following a fiscal year in which more than #c percent of the ,state-sponsored nonimmigrants sponsored by the ,state complied with the terms and conditions of ,state-sponsored nonimmigrant status1 as determined by the ,inspector ,general of the ,department of ,homeland ,security or the ,comptroller ,general of the ,united ,states in the reports required under paragraph 7#ac77;,b74 7iii7 ,suspension ,state-sponsored nonimmigrant visas shall not be made available for a ,state during the #e-year period following four consecutive fiscal years in which more than #c percent of the ,state-sponsored nonimmigrants sponsored by the ,state violated the terms and conditions of ,state-sponsored nonimmigrant status1 as determined by the ,inspector ,general of the ,department of ,homeland ,security or the ,comptroller ,general of the ,united ,states in the reports required under paragraph 7#ac77;,b74 7,e7 ,principal aliens 7i7 ,in general ,the numerical limitations under this paragraph shall apply only to principal aliens being admitted to the ,united ,states from abroad and not to aliens accompanying or following to join the principal alien under section #aja7;a77#ae77,w77ii7 or aliens previously admitted4 7ii7 ,state exclusion ,the ,secretary may not grant a visa or status to an alien who is not the principal alien sponsored by a ,state if the ,state request that no such aliens be admitted4 7#ai7 ,admissibility determination 7,a7 ,in general ,at the request of a ,state that participates in the ,state-based nonimmigrant program1 the ,secretary shall waive the grounds of inadmissibility under subparagraphs 7,a71 7,b71 7,c71 and 7,g7 of section #bab7;a77#f71 paragraphs 7#g7 and 7#i7 of section #bab7;a71 and sections #bdj;,b7d77#a77;,b7 and #bda7;a77#e7 and the grounds of deportability under subparagraphs 7,a7 through 7,d7 of section #bcg7;a77#a7 and section #bcg7;a77#c7 on behalf of an alien described in subparagraph 7,b74 7,b7 ,aliens described ,an alien described in this subsection is an alien who-- 7i7 was physically present in the ,united ,states on ,december #ca1 #bjaf2 7ii7 is sponsored by a ,state under the ,state-based nonimmigrant program2 7iii7 otherwise meets the requirements of ,state-based nonimmigrant status under paragraph 7#d72 and 7iv7 fulfills the requirements under paragraph 7#bj74 7,c7 ,savings provision ,nothing in this paragraph may be construed to exempt an alien described in subparagraph 7,b7 or the ,state from the numerical limitation under paragraph 7#ah74 7#bj7 ,requirements 7,a7 ,application ,an alien may apply to the ,secretary for a waiver of inadmissibility or deportability under paragraph 7#ai7 concurrently with an application for a visa or status under section #aja7;a77#ae77,w74 7,b7 ,evidence of presence or employment 7i7 ,conclusive documents ,an alien may conclusively demonstrate presence in the ,united ,states in compliance with paragraph 7#ai77;,b77i7 by submitting records demonstrating such presence that have been maintained by the ,social ,security ,administration1 the ,internal ,revenue ,service1 or any other ,federal1 ,state1 or local government agency or educational institution4 7ii7 ,other documents ,an alien who is unable to submit a document described in subparagraph 7,a7 may satisfy the requirements under this section by submitting at least three other types of reliable documents that provide evidence of presence1 employment or study in the ,united ,states1 including-- 7,i7 bank or remittance records2 7,,ii7 business or employer records2 7,,iii7 records of any organization that assists workers in employment2 7,,iv7 education records2 and 7,v7 deeds1 mortgages1 or contracts to which the alien has been a party4 7,c7 ,fees 7i7 ,in general ,an alien submitting an application under subparagraph 7,a7 shall pay a fee in an amount determined by the ,secretary to be necessary to cover the cost of adjudicating the application and reviewing the application for fraud4 7ii7 ,penalty ,in addition to the fee under clause 7i71 an alien seeking a waiver under paragraph 7#ai7 shall pay a penalty of not less than #a1jjj1 which shall be deposited into the ,treasury of the ,united ,states after the approval of the application under subparagraph 7,a74 7,d7 ,criminal penalty 7i7 ,violation ,it shall be unlawful for any person to knowingly-- 7,i7 file1 or assist in filing1 an application under this paragraph if such application-- 7aa7 falsifies1 misrepresents1 conceals1 or covers up a material fact2 7bb7 makes any false1 fictitious1 or fraudulent statements or representations2 or 7cc7 makes or uses any false writing or document knowing the same to contain any false1 fictitious1 or fraudulent statement or entry2 or 7,,ii7 create or supply a false writing or document for use in making such an application4 7ii7 ,penalty ,any person who violates clause 7i7 shall be fined in accordance with title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both4 7iii7 ,inadmissibility ,an alien who is convicted of violating clause 7i7 shall be considered to be inadmissible to the ,united ,states on the grounds described in section #bab7;a77#f77;,c77i7 and subject to immediate removal from the ,united ,states4 7,e7 ,fraud prevention program ,the ,secretary and the ,attorney ,general shall jointly develop an administrative program to prevent fraud with respect to applications submitted under this paragraph that provides for-- 7i7 fraud prevention training for administrative adjudicators2 7ii7 the regular audit of pending and approved applications for examples and patterns of fraud or abuse2 7iii7 the receipt and evaluation of reports of fraud or abuse2 7iv7 the identification of deficiencies in administrative practice or procedure that encourage fraud or abuse2 7v7 the remedy of any identified deficiencies2 and 7vi7 the referral of cases of identified or suspected fraud or other misconduct for investigation4 7,f7 ,ineligible aliens 7i7 ,removal authorized ,except as provided in clause 7ii71 if the ,secretary makes a final determination to deny an application under this section1 the ,secretary shall place the applicant in removal proceedings to which the alien would otherwise be subject4 7ii7 ,aliens with prior orders ,if the final determination to deny an application concerns an alien with an existing order of exclusion1 deportation1 removal1 or voluntary departure from the ,united ,states1 such order shall be enforced to the same extent as if the application had not been made4 7,g7 ,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 under this subsection may not be used in a civil or criminal prosecution or investigation of that employer under section #bdg;,a or the tax laws of the ,united ,states for the prior unlawful employment of that alien1 regardless of the adjudication of such application or reconsideration by the ,secretary 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 under this title shall not be subject to civil and criminal liability pursuant to such section #bgd;,a for employing such unauthorized aliens4 ,the protections for employers and aliens shall not apply if the aliens or employers submit employment records that are deemed to be fraudulent4 7,h7 ,construction ,nothing in this subsection may be construed to limit the authority of the ,state to require additional monetary penalties1 other evidence of physical presence1 or any other requirement for aliens described in paragraph 7#ai77;,b7 to participate in the ,state-based nonimmigrant program in such ,state4 4 7b7 ,judicial review ,section #bdb7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7;a77#b77 is amended by adding at the end the following3 7,e7 ,judicial review of certain eligibility determinations ,if an alien's application under section #bad7s77#bj7 is denied or revoked1 judicial review shall be instituted in the ,united ,states ,district ,court for the ,district of ,columbia and shall be limited to determinations of the constitutionality of section #bad7s71 or any regulations implemented pursuant to such section4 4 7c7 ,nonimmigrants with approved immigrant petitions ,section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking if 7#a7 the alien and inserting the following3 8if-- 7#a7 the alien 2 7,b7 by striking adjustment1 7#b7 the alien and inserting the following3 8adjustment2 7#b7 the alien 2 7,c7 by striking residence1 and 7#c7 an immigrant visa and inserting the following3 8residence2 and 7#c7 an immigrant visa 2 and 7,d7 in paragraph 7#c71 by striking him at the time his application is filed and inserting the alien at the time the alien's application is adjudicated2 and 7#b7 by adding at the end the following3 7n7 ,adjustment of status application after an approved immigrant petition 7#a7 ,application ,an alien who has an approved immigrant petition may file an adjustment of status application under subsection 7a71 which shall remain pending until a visa number becomes available4 7#b7 ,status ,an alien who has properly filed an adjustment of status application under subsection 7a7 shall1 throughout the pendency of such application-- 7,a7 have a lawful status and be considered lawfully present for purposes of section #bab2 and 7,b7 following a biometric background check1 be eligible for employment and travel authorization incident to such status4 4 #d4 ,effective date ,the amendments made by this ,act shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this ,act4