,,ii #aaith ,,congress #b;d ,session ,s4 #dedf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ad1 #bjbf,mr4 ,tuberville introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to establish a national-interest standard for immigration1 end certain family-sponsored immigration categories1 revise standards relating to good moral character1 eliminate the diversity immigrant category1 revise public-charge and sponsor-support rules1 revise naturalization requirements1 reform employment-based immigration and ,h-#a;,b visas1 eliminate ,optional ,practical ,training absent express statutory authorization1 revise asylum procedures1 require employment eligibility verification1 establish additional penalties relating to unlawful presence and visa overstays1 revise parole authority1 and for other purposes4 #a4 ,short titles2 table of contents 7a7 ,short titles ,this ,act may be cited as the ,american ,system for ,sustainable ,immigration and ,mass ,immigration ,limitations ,achieved ,through ,imposing ,oversight ,nationally ,act or the ,,assimilation ,act4 7b7 ,table of contents ,sec4 #a4 ,short titles2 table of contents4,,title ,i--,findings1 purposes1 definitions1 and standards,sec4 #aja4 ,findings4,sec4 #ajb4 ,purposes4,sec4 #ajc4 ,definitions4,sec4 #ajd4 ,national interest standard4,,title ,,ii--,immigrant and nonimmigrant classifications,sec4 #bja4 ,family-sponsored immigration reform4,sec4 #bjb4 ,elimination of diversity immigrant category4,sec4 #bjc4 ,employment-based immigration4,sec4 #bjd4 ,h-#a;,b reforms4,sec4 #bje4 ,optional practical training4,sec4 #bjf4 ,per-country limitations4,,title ,,iii--,admission1 inadmissibility1 sponsorship1 and administrative authority,sec4 #cja4 ,public charge4,sec4 #cjb4 ,affidavits of support and sponsor financial requirements4,sec4 #cjc4 ,visa overstays4,sec4 #cjd4 ,parole4,sec4 #cje4 ,limitations on enforcement discretion4,,title ,,iv--,naturalization and citizenship,sec4 #dja4 ,good moral character4,sec4 #djb4 ,naturalization4,sec4 #djc4 ,documentation of citizenship at birth4,,title ,v--,asylum1 inspection1 detention1 and unaccompanied alien children,sec4 #eja4 ,asylum4,sec4 #ejb4 ,credible fear and expedited removal4,sec4 #ejc4 ,family detention4,sec4 #ejd4 ,unaccompanied alien children4,,title ,,vi--,employment eligibility verification and labor protections,sec4 #fja4 ,employment eligibility verification4,sec4 #fjb4 ,h-#b;a wage methodology4,,title ,,vii--,conforming amendments2 reports2 effective dates2 applicability2 severability,sec4 #gja4 ,reports4,sec4 #gjb4 ,effective dates4,sec4 #gjc4 ,applicability and transition provisions4,sec4 #gjd4 ,severability4 ,i ,findings1 purposes1 definitions1 and standards #aja4 ,findings ,congress finds the following3 7#a7 ,the ,immigration and ,nationality ,act ,amendments of #aife 7,public ,law #hi-bcf2 commonly known as the ,hart-,celler ,act71 fundamentally changed the ,united ,states immigration system by replacing the national origins quota system with a preference system giving priority to extended family-based immigration rather than basing the admission of immigrants on serving the national interest4 7#b7 ,the immigration system established by the ,hart-,celler ,act has-- 7,a7 produced consequences that differ substantially from the goals described by the ,act's original proponents1 including-- 7i7 unprecedented levels of chain migration2 7ii7 the creation of the diversity visa lottery under section #bjc7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;c772 and 7iii7 dramatic increases in overall immigration levels2 7,b7 placed strain on public resources2 7,c7 suppressed wages and decreased labor-market opportunities for ,united ,states workers2 and 7,d7 tested the ability of the people of the ,united ,states to promote assimilation and social cohesion4 7#c7 ,given that immigration to the ,united ,states is not an entitlement1 ,congress has plenary authority to establish immigration policy that will serve the economic1 cultural1 and national security interests of the ,united ,states4 7#d7 ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 employs the concept of the national interest in multiple contexts1 including employment-based immigration1 but does not provide a generally applicable statutory standard for national-interest determinations made for employment-selection purposes4 7#e7 ,clear definitions and evidentiary rules promote transparency1 consistency1 and faithful administration of ,federal immigration laws4 #ajb4 ,purposes ,the purposes of this ,act are-- 7#a7 to ensure immigration policy advances the national interest by establishing a universal national interest standard under which each visa issuance1 admission1 and adjustment of status affirmatively furthers the economic prosperity1 cultural cohesion1 and national security of the ,united ,states1 as determined by the ,secretary of ,homeland ,security under the criteria set forth in this ,act2 and 7#b7 to revise and repeal the central framework established by the ,hart-,celler ,act by replacing family-chain and lottery-based admissions with a merit-based system that prioritizes economic self-sufficiency1 cultural assimilation1 and the protection of ,united ,states workers4 #ajc4 ,definitions ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ed7 ,the term means-tested public benefit-- 7,a7 means a cash1 medical1 housing1 nutrition1 or other similar public benefit for which eligibility1 amount1 or duration is conditioned1 in whole or in part1 on income1 resources1 or financial need2 and 7,b7 does not include-- 7i7 emergency medical assistance2 7ii7 short-term1 non-cash1 in-kind emergency disaster relief2 7iii7 public health assistance for immunizations or for the testing or treatment of symptoms of a communicable disease2 7iv7 assistance or benefits under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 or the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq472 7v7 foster care or adoption assistance for which an exception is provided under ,federal law2 or 7vi7 in-kind community-level services necessary for the protection of life or safety1 as designated by regulation after consultation with appropriate ,federal agencies4 7#ee7 ,the term ,national ,interest ,occupation means an occupation so designated by the ,secretary of ,homeland ,security pursuant to section #bjc7;b77#d74 7#ef7 ,the term objective evidence-- 7,a7 means independently verifiable evidence1 including official records1 government data1 audited records1 binding instruments1 contemporaneous business records1 or other reliable documentation2 and 7,b7 does not include unsupported assertions1 self-serving statements standing alone1 or speculative projections4 4 #ajd4 ,national interest standard ,section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7 is amended by adding at the end the following3 7j7 ,national interest standard 7#a7 ,application ,this subsection shall only apply to provisions of this ,act that expressly reference this subsection4 7#b7 ,standard ,an alien's admission1 classification1 employment1 or proposed endeavor shall be deemed to be in the national interest only if such alien establishes1 by a preponderance of objective evidence1 that such admission1 classification1 employment1 or proposed endeavor is expected to produce a material prospective public benefit for the ,united ,states4 7#c7 ,public benefit ,a material prospective public benefit referred to in paragraph 7#b7 may include a significant benefit to the economic1 cultural1 educational1 scientific1 technological1 health1 foreign-policy1 or security interests of the ,united ,states4 7#d7 ,limitations ,a determination under paragraph 7#b7 or 7#c7 may not be based solely on-- 7,a7 the private interest of the alien or of a petitioning employer2 7,b7 unsupported testimonial assertions or generalized advocacy2 7,c7 speculative1 remote1 or incidental benefits2 or 7,d7 a factor that a more specific provision of this ,act makes legally insufficient for the benefit sought4 7#e7 ,rules of construction ,nothing in this subsection may be construed-- 7,a7 to alter the burden of proof required under section #bia2 7,b7 to displace a more specific statutory criterion1 evidentiary requirement1 limitation1 or bar under this ,act2 7,c7 to govern any use of the term national interest in this ,act unless the relevant provision expressly references this subsection2 or 7,d7 to apply to section #ajc7;a77#a74 4 ,,ii ,immigrant and nonimmigrant classifications #bja4 ,family-sponsored immigration reform 7a7 ,immediate relative redefined ,section #bja7;b77#b77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#b77;,a77i77 is amended1 in the first sentence1 by striking children1 spouses1 and parents and all that follows through #ba years of age and inserting spouses and unmarried children under #ah years of age of a citizen of the ,united ,states4 7b7 ,modification of family-,sponsored preference classification 7#a7 ,in general ,subsection 7a7 of section #bjc of such ,act 7#h ,u4,s4,c4 #aaec7 is amended to read as follows3 7a7 ,spouses and minor children of lawful permanent residents ,visas shall be made available1 subject to section #bja7;c71 to qualified immigrants who are the spouses or children under #ah years of age of an alien lawfully admitted for permanent residence4 4 7#b7 ,worldwide level of family-sponsored immigrants ,section #bja7;c7 of such ,act 7#h ,u4,s4,c4 #aaea7;c77 is amended-- 7,a7 by amending paragraph 7#a7 to read as follows3 7,a7 ,in general ,the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to-- 7i7 #hh1jjj2 reduced by 7ii7 the number computed under paragraph 7#b74 2 7,b7 by striking paragraphs 7#b71 7#c71 and 7#e72 and 7,c7 by redesignating paragraph 7#d7 as paragraph 7#b74 7c7 ,nonimmigrant classification for parents of ,united ,states citizens 7#a7 ,in general ,section #aja7;a77#ae7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 is amended-- 7,a7 in subparagraph 7,t77ii77,,iii71 by striking the period at the end and inserting a semicolon2 7,b7 in subparagraph 7,u77iii71 by striking 2 or and inserting a semicolon2 7,c7 in subparagraph 7,v77ii77,,ii71 by striking the period at the end and inserting 2 or2 and 7,d7 by adding at the end the following3 7,w7 subject to section #bad7s71 an alien who is the parent of a citizen of the ,united ,states1 if such citizen has attained #ba years of age4 4 7#b7 ,conditions for admission ,section #bad of such ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,parents of citizens of the ,united ,states 7#a7 ,period of admission ,the initial period of admission for an alien admitted as a nonimmigrant described in section #aja7;a77#ae77,w7 shall be #e years4 7#b7 ,extension ,such period may be extended only if the ,united ,states citizen sponsor resides in the ,united ,states4 7#c7 ,ineligibility for employment and public benefits ,an alien admitted pursuant to a visa for a nonimmigrant described in section #aja7;a77#ae77,w7 shall be ineligible for employment and ineligible for any ,federal1 ,state1 or local public benefit4 7#d7 ,financial responsibility ,the ,united ,states citizen sponsor shall be financially responsible for the support of such alien4 7#e7 ,health insurance ,admission as a nonimmigrant described in section #aja7;a77#ae77,w7 shall require proof of health insurance coverage that does not impose any cost on the alien or on a ,federal1 ,state1 or local government4 7#f7 ,no immigrant status created ,admission as a nonimmigrant described section #aja7;a77#ae77,w7 shall not be construed to confer eligibility for immigrant classification or adjustment of status except as otherwise expressly provided by law4 4 7d7 ,technical and conforming amendments ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #aja7;a77#ae77,v7 7#h ,u4,s4,c4 #aaja7;a77#ae77,v771 by striking section #bjc7;a77#b77;,a7 each place such term appears and inserting section #bjc7;a72 7#b7 in section #bja7;f7 7#h ,u4,s4,c4 #aaea7;f77-- 7,a7 in paragraph 7#a71 by striking the age requirement in the matter preceding subparagraph 7,a7 of section #aja7;b77#a7 and inserting the age requirement applicable to classification under such subsection2 7,b7 in paragraph 7#b71 by striking section #bjc7;a77#b77;,a7 and inserting section #bjc7;a72 7,c7 by striking paragraph 7#c72 7,d7 by redesignating paragraph 7#d7 as paragraph 7#c72 and 7,e7 in paragraph 7#c71 as redesignated1 by striking 7#a7 through 7#c7 and inserting 7#a7 and 7#b72 7#c7 in section #bjc7;h71 by amending paragraph 7#b7 to read as follows3 7#b7 ,petition described ,the petition described in this paragraph is1 with respect to an alien child who is a derivative beneficiary under subsection 7d71 a petition filed under section #bjd for classification of the alien's parent under subsection 7a7 or 7b74 2 7#d7 in section #bjd 7#h ,u4,s4,c4 #aaed7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a7-- 7aa7 in clause 7i71 by striking paragraph 7#a71 7#c71 or 7#d7 of2 and 7bb7 by striking clause 7vii72 7,,ii7 in subparagraph 7,b7-- 7aa7 in clause 7i7-- 7,,aa7 by redesignating the second subclause 7,i7 as subclause 7,,ii7 and moving such subclause #d ems to the left2 and 7,,bb7 in subclause 7,i71 by striking #bjc7;a77#b7 and inserting #bjc7;a72 and 7bb7 by striking #bjc7;a77#b77;,a7 each place such term appears and inserting #bjc7;a72 and 7,,iii7 in subparagraph 7,d77i77,i7-- 7aa7 by striking #ba years of age each place such term appears and inserting #ah years of age2 and 7bb7 by striking a petitioner for preference status under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;a7 and inserting an individual younger than #ah years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section #bja7;b77#b77;,a77i7 or a family-sponsored immigrant under section #bjc7;a71 as applicable42 and 7ii7 in paragraph 7#b77;,a7-- 7,i7 in the matter preceding clause 7i71 by striking second preference2 and 7,,ii7 in the matter at the end1 by striking the term and all that follows through section #bjc7;a77#b71 and inserting the term spousal petition refers to a petition seeking classification under section #bjc7;a72 7,b7 in subsection 7f77#a71 by striking 1 #bjc7;a77#a71 or #bjc7;a77#c71 as appropriate2 7,c7 by striking subsection 7k72 and 7,d7 by redesignating subsection 7l7 as subsection 7k72 7#e7 in section #bab 7#h ,u4,s4,c4 #aahb7-- 7,a7 in subsection 7a77#f77;,e77ii71 by striking section #bjc7;a77#b7 and inserting section #bjc7;a72 and 7,b7 in subsection 7d77#aa71 by striking 7other than paragraph 7#d7 thereof72 7#f7 in section #bac;,a7f77#e77;,b77ii7 7#h ,u4,s4,c4 #aahc;a7f77#e77;,b77ii771 by striking section #bjd7l7 and inserting #bjd7k72 7#g7 in section #bad7q77#a77;,b77i7 7#h ,u4,s4,c4 #aahd7q77#a77;,b77i771 by striking section #bjc7;a77#b77;,a7 each place such term appears and inserting section #bjc7;a72 7#h7 in section #baf7;h77#a77;,c7 7#h ,u4,s4,c4 #aahf;a7h77#a77;,c771 by striking section #bjc7;a77#b7 and inserting section #bjc7;a72 and 7#i7 in section #bcg7;a77#a77;,e77ii7 7#h ,u4,s4,c4 #abbg7;a77#a77;,e77ii771 by striking section #bjc7;a77#b7 and inserting section #bjc7;a74 #bjb4 ,elimination of diversity immigrant category 7a7 ,in general ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja 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 striking the semicolon and inserting 2 and2 7ii7 in paragraph 7#b71 by striking 2 and and inserting a period2 and 7iii7 by striking paragraph 7#c72 and 7,b7 by striking subsection 7e72 and 7#b7 in section #bjc 7#h ,u4,s4,c4 #aaec7;c771 by striking subsection 7c74 7b7 ,technical and conforming amendments ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #bjc 7#h ,u4,s4,c4 #aaec7-- 7,a7 in subsection 7d71 by striking under subsection 7a71 7b71 or 7c7 and inserting under subsection 7a7 or 7b72 7,b7 in subsection 7e7-- 7i7 by striking paragraph 7#b72 and 7ii7 by redesignating paragraph 7#c7 as paragraph 7#b72 7,c7 in subsection 7f71 by striking or in subsection 7a71 7b71 or 7c7 and inserting or in subsection 7a7 or 7b72 and 7,d7 in subsection 7g71 by striking subsections 7a71 7b71 and 7c7 and inserting subsections 7a7 and 7b72 and 7#b7 in section #bjd-- 7,a7 in subsection 7a77#a7-- 7i7 by striking subparagraph 7,i72 and 7ii7 by redesignating subparagraphs 7,j7 and 7,k7 as subparagraphs 7,i7 and 7,j71 respectively2 and 7,b7 in subsection 7e71 by striking in behalf and all that follows through section #bjc and inserting on behalf of whom a petition under this section is approved1 to be admitted to the ,united ,states as an immigrant under subsection 7a7 or 7b7 of section #bjc4 7c7 ,application 7#a7 ,in general ,the amendments made by this section shall apply only with respect to petitions and applications pending on1 or filed on or after1 the date of the enactment of this ,act4 7#b7 ,prior diversity visa selections ,an alien selected before the date of the enactment of this ,act for a diversity immigrant visa under section #bjc7;c7 of the ,immigration and ,nationality ,act1 as in effect on the day before such date of enactment1 is not eligible1 on or after that date1 to receive a visa on the basis of that selection1 and no petition or application based on that selection may be approved1 and no immigrant visa may be issued to the alien on the basis of that selection1 on or after that date4 #bjc4 ,employment-based immigration 7a7 ,stabilizing the worldwide level of employment-,based immigrants ,section #bja7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;d77 is amended to read as follows3 7d7 ,worldwide level of employment-,based immigrants ,the worldwide level of employment-based immigrants granted visas in each fiscal year pursuant to section #bjc7;b7 shall be not more than #adj1jjj4 4 7b7 ,allocation of employment-,based immigrant visas ,section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 is amended to read as follows3 7b7 ,employment-,based immigrants 7#a7 ,in general ,visas shall be made available1 subject to section #bja7;d71 to qualified immigrants whose admission has been certified by the ,secretary of ,homeland ,security to be in the national interest in accordance with section #aja7;j77#b74 7#b7 ,standard for certification ,the ,secretary of ,homeland ,security shall make the certification described in paragraph 7#a7 with respect to an alien if the alien has established1 by a preponderance of the evidence1 that-- 7,a7 he or she satisfies at least #a presumptive positive factor described in paragraph 7#c72 7,b7 none of the grounds of inadmissibility listed under paragraph 7#f7 applies to him or her2 and 7,c7 all presumptive negative factors described in paragraph 7#e7 have been rebutted4 7#c7 ,presumptive positive factors 7,a7 ,high compensation ,the alien has a bona fide offer of employment in the ,united ,states for which he or she will receive a salary1 or has verified his or her ability to generate self-employment income in the ,united ,states1 that is at or above the #ijth percentile salary for the most relevant occupation code and area of intended employment1 as determined under regulations prescribed by the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor4 7,b7 ,national interest occupation or shortage service 7i7 ,national interest occupation ,the alien has a bona fide offer of employment in a ,national ,interest ,occupation for which he or she will receive a salary that is at or above the #geth percentile salary for the relevant occupation code and area of intended employment4 7ii7 ,shortage position ,the alien has committed to provide full-time service for a period of not fewer than #e years in a federally designated medical1 mental-health1 dental1 veterans1 or other statutorily designated shortage position1 in accordance with regulations prescribed by the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor4 7,c7 ,strategic ,federal support 7i7 ,in general ,the alien has received a written certification that-- 7,i7 was executed by-- 7aa7 the head of a ,federal department or agency designated under clause 7ii72 or 7bb7 a ,senate-confirmed officer of a ,federal department or agency designated under clause 7ii7 who was appointed by the head of such department or agency to execute certifications under this clause2 7,,ii7 identifies a published national priority of the ,united ,states that is materially related to the alien's proposed work2 and 7,,iii7 states the alien's proposed work materially advances such national priority4 7ii7 ,designated departments and agencies ,the ,federal departments and agencies designated under this clause are-- 7,i7 the ,department of ,defense2 7,,ii7 the ,department of ,energy2 7,,iii7 the ,department of ,commerce2 7,,iv7 the ,department of ,health and ,human ,services2 7,v7 the ,department of ,agriculture2 7,,vi7 the ,department of ,veterans ,affairs2 7,,vii7 the ,national ,aeronautics and ,space ,administration2 7,,viii7 the ,national ,science ,foundation2 and 7,,ix7 any other ,federal department or agency that has been so designated by an ,act of ,congress4 7iii7 ,defined term ,in this subparagraph1 the term published national priority means a priority identified in a published strategy1 plan1 directive1 funding announcement1 or other official document of the applicable ,federal department or agency4 7,d7 ,extraordinary ability ,the alien demonstrates sustained national or international acclaim in a field materially related to the alien's proposed endeavor in the ,united ,states by providing evidence that satisfies at least #c of the following criteria3 7i7 ,receipt of a major nationally or internationally recognized prize or award for excellence in the field1 supported by objective evidence of the selectivity1 prestige1 and significance of the prize or award4 7ii7 ,authorship of scholarly articles1 major published works1 patented inventions1 or other original contributions of major significance in the field4 7iii7 ,evidence that the alien's work has been widely cited1 adopted1 licensed1 commercialized1 implemented1 or otherwise materially relied upon by recognized public or private entities in the field4 7iv7 ,participation1 by invitation or selection based on expertise1 as a judge1 peer reviewer1 evaluator1 or member of a selection panel for the work of others in the same or an allied field4 7v7 ,service in a leading or critical capacity for an entity with a distinguished reputation1 supported by objective evidence of the significance of the alien's contributions4 7vi7 ,commanding compensation1 equity1 or other remuneration demonstrating exceptional standing in the field1 as established by objective market evidence4 7,e7 ,entrepreneurship and innovation ,the alien provides reliable evidence that-- 7i7 a startup entity in which the alien holds a substantial ownership interest and central managerial role has received-- 7,i7 not less than #ejj1jjj in qualified investment from qualified ,united ,states investors2 or 7,,ii7 not less than #bjj1jjj in qualifying ,federal1 ,state1 or local research1 development1 or commercialization funding2 7ii7 the investment or funding referred to in clause 7i7 is documented by binding investment instruments1 grant award documents1 audited capitalization records1 or such other objective evidence as the ,secretary of ,homeland ,security may prescribe2 7iii7 such entity has a credible plan to create not fewer than #e full-time jobs for workers in the ,united ,states during the #c-year period beginning on the date on which the alien is admitted to the ,united ,states2 and 7iv7 the alien's claim does not rely solely on self-valued assets1 unaudited internal valuations1 or unsupported projections4 7#d7 ,national interest occupation list 7,a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 shall establish and maintain a list of occupations designated as ,national ,interest ,occupations for purposes of paragraph 7#c77;,b77i74 7,b7 ,standard ,an occupation may be included on the list established pursuant to subparagraph 7,a7 only if the ,secretary of ,homeland ,security determines1 based on objective evidence1 that such occupation is associated with persistent labor shortages1 strategic national need1 or other circumstances demonstrating that employment in such occupation materially advances the economic1 cultural1 or security interests of the ,united ,states4 7,c7 ,publication ,the list established pursuant to subparagraph 7,a71 and any additions to1 or removals from1 such list1 shall be published in the ,federal ,register4 7,d7 ,periodic review ,not less frequently than once every #d years1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 shall-- 7i7 review the list established pursuant to subparagraph 7,a72 and 7ii7 add occupations to1 or remove occupations from1 such list1 as appropriate4 7#e7 ,presumptive negative factors ,unless rebutted under paragraph 7#g71 there is a presumption that an alien's request for certification under paragraph 7#a7 should be denied if any of the following factors exists3 7,a7 ,sub-median compensation ,with respect to the alien's most recent employment1 the alien received compensation that was lower than-- 7i7 the median wage for the relevant occupation code and area of intended employment2 or 7ii7 the required prevailing wage in circumstances where a prevailing wage determination is required4 7,b7 ,limited english proficiency ,the alien's ,english proficiency is at a level that is lower than ,english level ,b#a on the ,common ,european ,framework of ,reference scale1 or its equivalent1 unless the alien meets the criteria described in subparagraph 7,c7 or 7,d7 of paragraph 7#c7 or another exception prescribed by regulation4 7,c7 ,serious employer labor noncompliance ,there has been a final order of debarment or other final determination of serious labor law noncompliance during the #e-year period immediately preceding a request for certification under paragraph 7#a7 against the petitioning employer or startup entity4 7,d7 ,insufficient showing of self-sufficiency ,the alien fails to establish1 through objective evidence1 the present ability and prospective capacity to support himself or herself in the ,united ,states without reliance on means-tested public benefits4 7#f7 ,grounds of inadmissibility ,the ,secretary of ,homeland ,security may not grant a certification to any alien who is inadmissible under paragraph 7#b71 7#c71 or 7#f77;,c7 of section #bab7;a71 unless a waiver to such ground of inadmissibility is available and granted under this ,act4 7#g7 ,notice and rebuttal ,before denying certification under paragraph 7#a7 on the basis of a factor described in paragraph 7#e71 the ,secretary of ,homeland ,security shall-- 7,a7 provide written notice to the petitioner that identifies the applicable presumptive negative factors2 and 7,b7 provide the alien not fewer than #fj days to submit evidence to rebut such factors4 7#h7 ,priority order when visa demand exceeds supply 7,a7 ,in general ,if the number of aliens eligible for certification under this subsection in a fiscal year exceeds the number of visas available under this subsection in such fiscal year1 the ,secretary of ,homeland ,security shall prioritize the available visas in the following order3 7i7 ,aliens who meet a factor described in subparagraph 7,c7 or 7,d7 of paragraph 7#c74 7ii7 ,aliens who meet a factor described in paragraph 7#c77;,b74 7iii7 ,aliens who meet a factor described in paragraph 7#c77;,a74 7iv7 ,aliens who meet a factor described in paragraph 7#c77;,e74 7,b7 ,priority order within a subgroup ,if the number of aliens described in any clause under subparagraph 7,a7 in a fiscal year exceeds the number of visas available for such aliens in such fiscal year1 the ,secretary of ,homeland ,security shall prioritize the available visas in the following order3 7i7 ,aliens who will be receiving a salary or generating self-employment income at a higher applicable wage percentile4 7ii7 ,earliest priority date4 7#i7 ,rulemaking ,not later than #ahj days after the date of the enactment of the ,,assimilation ,act1 the ,secretary of ,homeland ,security shall prescribe regulations to carry out this subsection1 including rules for-- 7,a7 occupational wage mapping2 7,b7 ,english-equivalency standards2 7,c7 qualified investment requirements2 7,d7 employer noncompliance penalties2 and 7,e7 self-sufficiency requirements4 7#aj7 ,derivative aliens ,a spouse or child described in section #bjc7;d7 who is accompanying or following to join a principal alien granted a visa under this subsection shall be entitled to the same status and the same order of consideration as such principal alien4 4 #bjd4 ,h-#a;,b reforms 7a7 ,labor condition requirements ,section #bab7n7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77 is amended by adding at the end the following3 7#f7 7,a7 ,no application under this subsection may be approved unless the employer attests1 and the ,secretary concurs1 that the wage level for the position to be filled by the ,h-#a;,b nonimmigrant is not less than #bjj percent of the median wage for the occupational classification code in the area of intended employment4 7,b7 ,the ,secretary of ,homeland ,security1 to the maximum extent practicable and consistent with this ,act1 shall prioritize petitions filed on behalf of aliens who have earned a degree in science1 technology1 engineering1 or mathematics from an institution of higher education in the ,united ,states4 4 7b7 ,numerical limitation and period of admission ,section #bad7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77 is amended-- 7#a7 by striking paragraphs 7#e7 and 7#f7 and inserting the following3 7#e7 ,the numerical limitations under paragraph 7#a77;,a7 shall not apply to a petition filed on behalf of an alien employed1 or to be employed1 by an institution or organization if the ,secretary of ,homeland ,security determines such employment affirmatively serves the economic1 cultural1 or security interests of the ,united ,states1 as described in section #aja7;h74 7#f7 ,an alien previously approved pursuant to paragraph 7#e7 shall be counted toward the numerical limitations under paragraph 7#a77;,a7 upon the first approval of a petition filed by an employer that does not qualify under paragraph 7#e7 unless the alien has previously been counted toward such limitations4 2 and 7#b7 by adding at the end the following3 7#ab7 7,a7 ,notwithstanding any other provision of this subsection1 the total number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section #aja7;a77#ae77;,h77i77b7 in any fiscal year may not exceed #ej1jjj4 7,b7 ,an alien may not be accorded status under section #aja7;a77#ae77;,h77i77b7 for a period exceeding #c years4 ,such status may not be extended or renewed4 7,c7 ,an alien who has been granted status as a nonimmigrant under section #aja7;a77#ae77;,h77i77b7 may not adjust his or her status to that of an alien lawfully admitted for permanent residence unless the alien remains outside of the ,united ,states for a continuous period of not less than #b years following the expiration of such status4 4 #bje4 ,optional practical training ,section #bgd;,a7h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77 is amended by adding at the end the following3 7#d7 ,an alien admitted as a nonimmigrant described in section #aja7;a77#ae77;,f77i7 shall not be considered authorized to be employed in the ,united ,states4 4 #bjf4 ,per country limitations ,section #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking ,subject to paragraphs 7#c71 7#d71 and 7#e71 the and inserting ,the2 and 7,b7 by striking paragraphs 7#c71 7#d71 and 7#e72 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,allocation of visa numbers for countries at per country ceiling 7#a7 ,in general ,if the ,secretary of ,state determines the total number of immigrant visas made available under subsections 7a7 and 7b7 of section #bjc to natives of a single foreign state or dependent area will exceed the numerical limitation specified in subsection 7a77#b7 in a fiscal year1 immigrant visa numbers for natives of that foreign state or dependent area shall be allocated in accordance with paragraph 7#b74 7#b7 ,allocation between family-sponsored and employment-based immigrants ,the total number of immigrant visa described in paragraph 7#a7 shall be allocated1 to the extent practicable and consistent with this section and section #bjc1 in a manner so that the ratio of the number of visas made available under section #bjc7;a7 to the number of visas made available under section #bjc7;b7 is equal to the ratio of the worldwide level of family-sponsored immigrants under section #bja7;c7 to the worldwide level of employment-based immigrants under section #bja7;d74 4 ,,iii ,admission1 inadmissibility1 sponsorship1 and administrative authority #cja4 ,public charge 7a7 ,inadmissibility ,section #bab7;a77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#d77 is amended-- 7#a7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,in general ,any alien who1 in the opinion of the consular officer at the time of application for a visa1 or in the opinion of the ,secretary of ,homeland ,security at the time of application for admission or adjustment of status1 and based on objective evidence and the totality of the circumstances described in subparagraph 7,b71 fails to establish the present ability and prospective capacity to support the alien and the alien's dependents in the ,united ,states without reliance on means-tested public benefits is inadmissible4 2 7#b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,factors to be taken into account ,in determining whether an alien is inadmissible under this paragraph1 the consular officer or the ,secretary of ,homeland ,security shall consider1 based on objective evidence and the totality of the circumstances1 at a minimum1 the alien's-- 7i7 age2 7ii7 health2 7iii7 family status2 7iv7 assets1 resources1 liabilities1 and financial status2 7v7 education and skills2 7vi7 employment history1 prospective employability1 and expected lawful means of support2 7vii7 history of receipt of means-tested public benefits1 if any2 7viii7 ,english proficiency2 7ix7 such assimilation-related factors as the ,secretary of ,homeland ,security may prescribe2 and 7x7 any affidavit of support required under section #bac;,a and any bond posted under section #bac or #bac;,a7g74 2 and 7#c7 by adding at the end the following3 7,f7 ,presumption from benefit dependency 7i7 ,in general ,an alien who is subject to this paragraph shall be presumed to have become a public charge if the alien receives one or more means-tested public benefits for more than #ab months in the aggregate within any #cf-month period1 such that receipt of two benefits in one month shall count as two months4 7ii7 ,rebuttal ,the presumption under clause 7i7 may be rebutted only through objective evidence establishing that the receipt of benefits-- 7,i7 was directly attributable to circumstances that arose after the alien's admission or adjustment of status2 7,,ii7 was not reasonably foreseeable at the time of such admission or adjustment2 and 7,,iii7 is not indicative of a present inability or prospective incapacity to remain self-sufficient in the ,united ,states4 7iii7 ,rule of construction ,nothing in this subparagraph may be construed to limit the authority of the consular officer or the ,secretary of ,homeland ,security to determine1 under the totality of the circumstances1 that an alien is inadmissible under this paragraph1 notwithstanding that the alien has not received benefits in the amount or duration described in clause 7i74 4 7b7 ,deportability ,paragraph 7#e7 of section #bcg7;a7 of such ,act 7#h ,u4,s4,c4 #abbg7;a77 is amended to read as follows3 7#e7 ,public charge ,any alien who1 at any time after the date of admission as an immigrant or adjustment of status to that of an alien lawfully admitted for permanent residence1 has become a public charge1 including any alien subject to section #bab7;a77#d7 who meets the presumption described in section #bab7;a77#d77;,f71 is deportable1 unless the alien establishes1 through objective evidence1 that the cause arose after such admission or adjustment from circumstances that were not reasonably foreseeable at the time of such admission or adjustment4 4 7c7 ,rescission of adjustment of status ,section #bdf7;a7 of such ,act 7#h ,u4,s4,c4 #abef7;a77 is amended by inserting after the first sentence the following3 ,for purposes of the preceding sentence1 a person shall be considered not to have been in fact eligible for adjustment of status if1 at any time after the date of adjustment1 the person meets the presumption described in section #bab7;a77#d77;,f71 unless the person establishes1 through objective evidence1 that the cause arose after adjustment from circumstances that were not reasonably foreseeable at the time of adjustment44 7d7 ,savings provision ,nothing in the amendments made by this section may be construed to repeal or narrow any exemption from section #bab7;a77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#d77 that is expressly provided elsewhere in such ,act or in any other ,act of ,congress4 7e7 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state and the ,secretary of ,health and ,human ,services1 shall prescribe regulations to carry out this section and the amendments made by this section4 #cjb4 ,affidavits of support and sponsor financial requirements ,section #bac;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahc;a7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a71 by striking #abe percent and inserting #bjj percent2 and 7,b7 in subparagraph 7,b71 by striking 7as defined in subsection 7e772 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a71 by striking ,upon notification that a sponsored alien has received any means-tested public benefit and inserting ,not later than #cj days after receiving notice or other reliable evidence that a sponsored alien has received any means-tested public benefit2 and 7,b7 in paragraph 7#b77;,a71 by striking #de days and inserting #cj days2 7#c7 in subsection 7c71 in the second sentence1 by inserting 1 including administrative offset under section #cgaf of such title and any lien authorized under subsection 7g7 before the period at the end2 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#a77;,e71 by striking #abe percent and inserting #bjj percent2 7,b7 in paragraph 7#d77;,b77i71 by striking #abe percent and inserting #bjj percent2 and 7,c7 in paragraph 7#e77;,a71 by striking #abe percent and inserting #bjj percent2 7#e7 by inserting after subsection 7f7 the following3 7g7 ,sponsor bond and liens 7#a7 ,bond required ,an affidavit of support accepted under this section shall not be considered sufficient unless each sponsor and joint sponsor whose income or assets are relied upon to satisfy subsection 7f7 has posted1 with respect to each sponsored alien1 a bond or other surety satisfactory to the ,secretary of ,homeland ,security in an amount not less than #bj1jjj4 7#b7 ,conditions ,a bond under paragraph 7#a7 shall be conditioned on-- 7,a7 compliance with the sponsor's support obligations under subsection 7a72 7,b7 reimbursement of any means-tested public benefit described in subsection 7b72 and 7,c7 payment of any civil penalty or collection cost lawfully assessed under this section4 7#c7 ,period of effectiveness 7,a7 ,in general ,subject to subparagraph 7,b71 a bond under paragraph 7#a7 shall remain in effect until the earlier of-- 7i7 the date that is #aj years after the date of the sponsored alien's admission or adjustment of status2 7ii7 that date of the sponsored alien's naturalization as a citizen of the ,united ,states2 7iii7 the date of the sponsored alien's death2 or 7iv7 the date of the sponsored alien's permanent departure from the ,united ,states4 7,b7 ,treatment of liabilities incurred ,liability incurred before the termination date under subparagraph 7,a7 shall remain enforceable until satisfied4 7#d7 ,forfeiture ,if a sponsor fails to reimburse amounts due under subsection 7b7 within #cj days after a final written demand1 the ,secretary of ,homeland ,security or the requesting governmental entity may declare the bond forfeited in an amount sufficient to satisfy the unpaid obligation1 together with interest1 administrative costs1 and costs of collection4 7#e7 ,liens ,any amount finally determined and unpaid under this section shall constitute a debt due the ,united ,states4 ,upon notice and opportunity for a hearing1 the ,united ,states may record a lien in favor of the ,united ,states on all property and rights to property1 whether real or personal1 of the sponsor1 and may enforce such debt under subsection 7c7 and subchapter ,,ii of chapter #cg of title #ca1 ,united ,states ,code4 7#f7 ,regulations ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state and the ,secretary of the ,treasury1 shall prescribe regulations governing bond form1 surety1 forfeiture1 lien notice1 hearing rights1 and release4 2 and 7#f7 in subsection 7i7-- 7,a7 in paragraph 7#b71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,b7 in paragraph 7#c7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7ii7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7iii7 in subparagraph 7,b71 by striking the period at the end and inserting a semicolon2 and 7iv7 by adding at the end the following3 7,c7 the number of reimbursement requests issued under subsection 7b77#a77;,a71 the number of actions brought under subsection 7b77#b71 the number of bond forfeitures under subsection 7g71 and the total dollar amount recovered under this section during such fiscal year4 4 #cjc4 ,visa overstays 7a7 ,voiding nonimmigrant visas that have expired or for noncompliance ,section #bbb7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;g77 is amended to read as follows3 7g7 7#a7 ,the nonimmigrant visa of an alien who has been admitted to the ,united ,states shall be void beginning on the date 7excluding any period tolled under section #bab7;a77#i77;,b77iv77 that is #aj days after-- 7,a7 the last day of such alien's authorized period of stay under such visa2 or 7,b7 the date on which ,u4,s4 ,immigration and ,customs ,enforcement determines such alien-- 7i7 has materially failed to maintain the nonimmigrant status in which such alien was admitted or to which it was changed under section #bdh2 or 7ii7 has materially fails to comply with the conditions of such status4 7#b7 ,an alien described in paragraph 7#a7 shall be ineligible to be readmitted to the ,united ,states as a nonimmigrant1 except-- 7,a7 on the basis of a visa 7other than the visa described in paragraph 7#a77 issued in a consular office located in the country of the alien's nationality 7or1 if there is no office in such country1 in such other consular office as the ,secretary of ,state shall specify72 or 7,b7 if the ,secretary of ,state determines the existence of extraordinary circumstances justifying such readmission4 7#c7 ,the provisions of this subsection are in addition to1 and not in lieu of1 any ground of inadmissibility or deportability or any criminal or civil penalty otherwise provided by law4 4 7b7 ,overstay offense and penalties ,section #bge of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7 is amended-- 7#a7 in subsection 7a71 by inserting or if the alien was previously convicted of an offense under subsection 7e77#b77;,a7 after for a subsequent commission of any such offense2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking at least #ej and not more than #bej and inserting not less than #ejj and not more than #a1jjj2 and 7,b7 in paragraph 7#b71 by inserting or subsection 7e77#b77;,b7 after under this subsection2 and 7#c7 by adding at the end the following3 7e7 7#a7 ,an alien who was admitted as a nonimmigrant violates this subsection if the alien1 for an aggregate of #aj days or more 7excluding any period tolled under section #bab7;a77#i77;,b77iv77-- 7,a7 remains in the ,united ,states beyond the period of stay authorized by the ,secretary of ,homeland ,security2 or 7,b7 materially fails to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section #bdh1 or materially fails otherwise to comply with the conditions of such status4 7#b7 ,an alien who violates paragraph 7#a7-- 7,a7 shall-- 7i7 for the first commission of such violation1 be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #f months1 or both2 and 7ii7 for a subsequent commission of such violation1 or if the alien was previously convicted of an offense under subsection 7a71 be fined under such title #ah1 imprisoned not more than #b years1 or both2 and 7,b7 in addition to any penalty assessed under subparagraph 7,a7 and any other criminal or civil penalties that otherwise may be imposed1 shall be subject to a civil penalty of-- 7i7 not less than #ejj and not more than #a1jjj for each violation2 or 7ii7 twice the amount specified in clause 7i71 in the case of an alien who has been previously subject to a civil penalty under this subparagraph or subsection 7b74 4 #cjd4 ,parole ,section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77 is amended-- 7#a7 by striking 7#e77;,a7 ,the ,secretary and all that follows through the period at the end of subparagraph 7,a7 and inserting the following3 7#e7 7,a7 7i7 ,the ,secretary of ,homeland ,security may1 except as provided in subparagraph 7,b7 or in section #bad7;f71 in the discretion of the ,secretary1 parole into the ,united ,states temporarily1 for a period not to exceed #ij days and under such conditions as the ,secretary may prescribe1 only on a case-by-case basis for urgent humanitarian reasons or significant public benefit1 as set forth in a written determination1 any alien applying for admission to the ,united ,states4 7ii7 ,parole of an alien under clause 7i7 shall not be regarded as an admission of the alien1 and when the purposes of such parole have been served1 the alien shall forthwith return or be returned to the custody from which the alien was paroled1 and thereafter the alien's case shall continue to be dealt with in the same manner as that of any other applicant for admission to the ,united ,states4 2 and 7#b7 by adding at the end the following3 7,d7 ,no extension absent act of congress ,parole granted under subparagraph 7,a77i7 may not be extended1 renewed1 or granted again beyond an aggregate period of #ij days unless an ,act of ,congress expressly authorizes such longer period4 7,e7 ,no categorical or programmatic parole ,parole under subparagraph 7,a77i7 may not be granted on a categorical1 class-wide1 or programmatic basis1 and may not be used to circumvent any numerical limitation1 refugee admission process under section #bjg1 labor certification requirement1 or other limitation or requirement under this ,act4 7,f7 ,record retention ,the ,secretary of ,homeland ,security shall retain each written determination under subparagraph 7,a77i7 for not less than #aj years4 4 #cje4 ,limitations on enforcement discretion ,section #ajc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aajc7 is amended by adding at the end the following3 7h7 ,limitations on enforcement discretion 7#a7 ,no categorical nonenforcement ,except as expressly authorized by this ,act or by any other ,act of ,congress1 the ,secretary of ,homeland ,security and the ,attorney ,general may not adopt1 implement1 or rely upon a policy1 memorandum1 rule1 order1 or program that prospectively exempts or purports to exempt a class or category of aliens from inspection1 apprehension1 detention1 initiation of removal proceedings1 adjudication of removability1 or execution of final orders of removal4 7#b7 ,no categorical deferred action or similar nonenforcement status ,except as expressly authorized by this ,act or by any other ,act of ,congress1 the ,secretary of ,homeland ,security and the ,attorney ,general may not grant deferred action or any similar form of categorical nonenforcement status to a class or category of aliens4 7#c7 ,case-by-case deferrals ,nothing in this subsection may be construed to preclude an individualized decision1 supported by a written determination1 to defer a specific enforcement action for a period not to exceed #ahj days1 which may be renewed only upon a new written determination1 on the basis of-- 7,a7 a serious medical emergency2 7,b7 the alien's material assistance as a witness1 victim1 or informant in a criminal1 civil1 or administrative investigation or proceeding2 7,c7 a compelling national security or law enforcement interest2 or 7,d7 another compelling humanitarian circumstance of comparable gravity specifically described in the written determination4 7#d7 ,no immigration status or benefit created ,a deferral granted pursuant to paragraph 7#c7-- 7,a7 does not constitute an admission1 parole1 or lawful status of an alien2 and 7,b7 may not serve as the basis for employment authorization1 advance parole1 adjustment of status1 or eligibility for any ,federal public benefit1 unless expressly authorized by this ,act or by any other ,act of ,congress4 7#e7 ,operational sequencing ,nothing in this subsection may be construed as prohibiting ordinary case-specific decisions regarding sequencing1 scheduling1 or resource allocation if such decisions do not amount violated the categorical nonenforcement prohibition described in paragraph 7#a74 4 ,,iv ,naturalization and citizenship #dja4 ,good moral character 7a7 ,expanded statutory bars ,section #aja7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;f77 is amended-- 7#a7 in paragraph 7#h71 by striking or at the end2 7#b7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7#c7 by inserting after paragraph 7#i7 the following3 7#aj7 one who has been convicted of any felony under ,federal1 ,state1 or local law2 7#aa7 during the period for which good moral character is required to be established1 one who has been convicted of #a or more misdemeanors under ,federal1 ,state1 or local law2 7#ab7 one who has been found1 by a final administrative or judicial determination1 to have violated this ,act or any of the immigration laws1 including by failing to maintain lawful status or by overstaying a period of authorized admission by more than #ahj days2 7#ac7 one who has engaged in fraud or willful misrepresentation in applying for1 obtaining1 or retaining any ,federal1 ,state1 or local public benefit2 7#ad7 one who is described in section #bab7;a77#c7 or #bcg7;a77#d71 or who has knowingly participated in a criminal street gang 7as defined in section #eba7;a7 of title #ah1 ,united ,states ,code71 as established by clear and convincing evidence2 7#ae7 during such period1 one who has been convicted of an offense involving the operation of a motor vehicle while under the influence of alcohol or drugs1 or an offense described in section #bcg7;a77#b77;,e72 or 7#af7 one who has willfully failed to satisfy a ,federal tax liability or a legally enforceable child-support obligation1 as established by a final administrative or judicial determination4 4 7b7 ,totality of circumstances in naturalization cases ,section #caf7;e7 of such ,act 7#h ,u4,s4,c4 #adbg7;e77 is amended-- 7#a7 by striking 7e7 ,in determining and inserting the following3 7e7 ,good moral character determination 7#a7 ,in general ,in determining 2 and 7#b7 by adding at the end the following3 7#b7 ,considerations ,in making such determination1 the ,secretary of ,homeland ,security may consider the totality of the circumstances1 including criminal history1 employment history1 tax compliance1 compliance with support obligations1 and civic conduct1 and may require objective documentary evidence of such matters4 4 #djb4 ,naturalization 7a7 ,english requirement ,section #cab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbc7 is amended-- 7#a7 in subsection 7a71 by striking paragraph 7#a7 and inserting the following3 7#a7 an understanding of the ,english language1 including the ability to read1 write1 speak1 and comprehend ,english at a proficiency level not lower than ,b#b of the ,common ,european ,framework of ,reference for ,languages1 or an equivalent standard prescribed by regulation2 and 2 and 7#b7 in subsection 7b7-- 7,a7 by striking paragraphs 7#b7 and 7#c72 and 7,b7 in paragraph 7#a71 by striking 7#a7 ,the requirements and inserting ,the requirements4 7b7 ,general residence period and other qualifications ,section #caf7;a7 of such ,act 7#h ,u4,s4,c4 #adbg7;a77 is amended-- 7#a7 by striking applicant1 and inserting applicant--2 7#b7 by striking 7#a7 immediately and inserting the following3 7#a7 immediately 2 7#c7 in paragraph 7#a7-- 7,a7 by striking five years each place such term appears and inserting #aj years2 and 7,b7 by striking three months1 and inserting #c months22 7#d7 in paragraph 7#b7-- 7,a7 by striking 7#b7 has resided and inserting the following3 7#b7 has resided 2 7,b7 by striking 1 and and inserting a semicolon2 7#e7 in paragraph 7#c7-- 7,a7 by striking 7#c7 during and inserting the following3 7#d7 during 2 and 7,b7 by striking the period at the end and inserting 2 and2 and 7#f7 by adding at the end the following3 7#d7 during the #aj-year period immediately preceding the date of filing an application for naturalization1 has complied with all ,federal tax filing and payment obligations1 or is in full compliance with an approved payment arrangement2 7#e7 during such period1 has not received a means-tested public benefit1 except as expressly exempted under section #aja7;a77#ed72 and 7#f7 has demonstrated civic integration through objective evidence prescribed by regulation1 which may include compliance with registration requirements under the ,military ,selective ,service ,act1 as applicable1 and verified civic participation or community service4 4 7c7 ,spouses of citizens ,section #cai7;a7 of such ,act 7#h ,u4,s4,c4 #adcj7;a77 is amended by striking three years each place such term appears and inserting #aj years4 7d7 ,application evidence ,section #ccd7;a7 of such ,act 7#h ,u4,s4,c4 #adde7;a77 is amended by adding at the end the following3 ,an application for naturalization shall include official ,federal tax return transcripts1 or such other official tax records as the ,secretary of ,homeland ,security may prescribe1 for each taxable year within the period for which continuous residence and good moral character must be established1 together with such additional objective evidence as the ,secretary may require to establish compliance with sections #cab and #caf44 #djc4 ,documentation of citizenship at birth 7a7 ,clarification of citizenship at birth ,section #cja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja7 is amended by adding at the end the following3 7i7 ,for purposes of subsection 7a71 a person born in the ,united ,states shall be considered subject to the jurisdiction thereof only if1 at the time of the person's birth1 at least #a parent of the person was-- 7#a7 a citizen or national of the ,united ,states2 or 7#b7 an alien lawfully admitted for permanent residence4 7j7 ,for purposes of any ,federal right1 privilege1 documentation1 or benefit for which citizenship under subsection 7a7 is material1 proof of birth in the ,united ,states shall not1 standing alone1 be conclusive evidence of citizenship unless accompanied by objective evidence1 as prescribed by regulation1 that the person satisfies subsection 7i74 4 7b7 ,certificate of citizenship ,section #cda7;a7 of such ,act 7#h ,u4,s4,c4 #adeb7;a77 is amended-- 7#a7 in the first sentence1 by inserting 1 or who claims to be a citizen of the ,united ,states by virtue of subsection 7a7 of section #cja1 as qualified by subsection 7i7 of such section1 after under the provisions of section #cjc of this title2 and 7#b7 in the second sentence1 by striking that the applicant's alleged citizenship was derived as claimed1 or acquired1 as the case may be1 and inserting that the applicant's alleged citizenship was derived1 acquired1 or established1 as the case may be1 under the provision of law claimed14 7c7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state and the ,secretary of ,homeland ,security shall jointly prescribe regulations to carry out the amendments made by this section1 including regulations governing objective evidence of parental citizenship1 nationality1 or lawful permanent resident status at the time of birth4 ,v ,asylum1 inspection1 detention1 and unaccompanied alien children #eja4 ,asylum 7a7 ,safe third country and transit bar ,section #bjh7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77;,a77 is amended-- 7#a7 by striking if the ,attorney ,general determines and inserting if the ,secretary of ,homeland ,security or the ,attorney ,general determines--2 7#b7 by striking that the alien may be removed and inserting the following3 7i7 that the alien may be removed 2 7#c7 by striking 1 pursuant to a bilateral or multilateral agreement1 to and inserting to2 7#d7 by inserting or the ,secretary of ,homeland ,security1 on a case-by-case basis1 before finds that2 7#e7 by striking the period at the end and inserting 2 or2 and 7#f7 by adding at the end the following3 7ii7 that the alien entered1 attempted to enter1 or arrived in the ,united ,states after transiting through at least #a country outside of the alien's country of citizenship1 nationality1 or last lawful habitual residence en route to the ,united ,states1 unless-- 7,i7 the alien demonstrates that the alien applied for protection from persecution or torture in at least #a country outside of the alien's country of citizenship1 nationality1 or last lawful habitual residence through which the alien transited en route to the ,united ,states and received a final judgment denying such protection in each such country2 7,,ii7 the alien demonstrates that the alien was a victim of a severe form of trafficking in persons and1 as a result of such trafficking1 was unable to apply for protection from persecution or torture in each country through which the alien transited en route to the ,united ,states2 or 7,,iii7 the only countries through which the alien transited en route to the ,united ,states were1 at the time of transit1 not parties to the #aiea ,united ,nations ,convention relating to the ,status of ,refugees1 the #aifg ,protocol ,relating to the ,status of ,refugees1 or the ,united ,nations ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment4 4 7b7 ,pending employment authorization ,section #bjh7;d77#b7 of such ,act 7#h ,u4,s4,c4 #aaeh7;d77#b77 is amended to read as follows3 7#b7 ,employment ,an applicant for asylum is not entitled to employment authorization1 and employment authorization may not be granted solely on the basis of a pending application for asylum under this section4 4 7c7 ,asylum filing fee ,section #bjh7;d77#c7 of such ,act 7#h ,u4,s4,c4 #aaeh7;d77#c77 is amended to read as follows3 7#c7 ,fees ,the fee for filing an application for asylum under this section shall be #ejj4 ,the ,attorney ,general shall impose fees for employment authorization under this section and for adjustment of status under section #bji7;b74 ,nothing in this paragraph shall be construed to limit the authority of the ,attorney ,general to set additional adjudication and naturalization fees in accordance with section #bhf7m74 4 7d7 ,conforming amendment relating to unaccompanied alien children ,section #bjh7;a77#b77;,e7 of such ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77;,e77 is amended by striking ,subparagraphs 7,a7 and 7,b7 and inserting ,subparagraph 7,b74 7e7 ,jurisdiction of asylum applications filed by unaccompanied alien children ,section #bjh7;b77#c7 of such ,act 7#h ,u4,s4,c4 #aaeh7;b77#c77 is amended by striking subparagraph 7,c74 7f7 ,additional consequence for frivolous applications ,section #bjh7;d77#f7 of such ,act 7#h ,u4,s4,c4 #aaeh7;d77#f77 is amended by inserting 1 and1 if the alien is ordered removed1 may not be admitted to the ,united ,states during the #aj-year period beginning on the date of the alien's departure or removal before the period at the end4 #ejb4 ,credible fear and expedited removal 7a7 ,higher credible fear standard ,section #bce7;b77#a77;,b77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77v77 is amended to read as follows3 7v7 ,credible fear of persecution defined ,for purposes of this subparagraph1 the term credible fear of persecution means that1 taking into account the credibility of the statements made by the alien in support of the alien's claim1 as determined pursuant to section #bjh7;b77#a77;,b77iii71 and such other facts as are known to the officer1 the alien more likely than not could establish eligibility for asylum under section #bjh1 and1 more likely than not1 the statements made by1 and on behalf of1 the alien in support of the alien's claim are true4 4 7b7 ,recording and quality assurance 7#a7 ,in general ,section #bce7;b77#a77;,b7 of such ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77 is amended by adding at the end the following3 7vi7 ,recording and quality assurance ,the ,secretary of ,homeland ,security shall-- 7,i7 establish quality-assurance procedures to ensure1 to the maximum extent practicable1 that questions asked by employees of the ,department of ,homeland ,security exercising expedited-removal authority under this section are asked in a uniform manner and that both such questions and the answers provided in response are recorded in a uniform manner2 7,,ii7 provide to immigration officers exercising decision-making authority in interviews under this subparagraph a checklist of standard questions and concepts to be addressed in all such interviews2 7,,iii7 require that such checklists be routinely updated to reflect relevant changes in law and procedure and1 at a minimum1 require concise written justifications of the officer's decision whether credible fear of persecution was or was not established2 7,,iv7 where practicable1 ensure that any sworn or signed written statement taken of an alien as part of the record of a proceeding under subparagraph 7,a7 is accompanied by a recording of the interview that served as the basis for that statement2 7,v7 ensure that a competent interpreter1 not affiliated with the government of the country from which the alien may claim asylum1 is used when the interviewing officer does not speak a language understood by the alien2 7,,vi7 ensure that there is an audio or audiovisual recording of interviews of aliens subject to expedited removal under this paragraph2 and 7,,vii7 include any recording under subclause 7,,vi7 in the record of proceeding1 where practicable1 and permit such recording to be considered in any further proceeding involving the alien4 4 7#b7 ,rule of construction ,nothing in this subsection1 or the amendment made by this subsection1 shall be construed to create any right1 benefit1 trust1 or responsibility1 whether substantive or procedural1 enforceable in law or equity by any party against the ,united ,states1 its departments1 agencies1 instrumentalities1 entities1 officers1 employees1 or agents1 or any other person1 nor shall such section or amendment be construed to create any right of review in any administrative1 judicial1 or other proceeding4 #ejc4 ,family detention 7a7 ,in general ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended by adding at the end the following3 7j7 ,construction 7#a7 ,in general ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement-- 7,a7 the detention of any alien child who is not an unaccompanied alien child shall be governed by sections #bag1 #bce1 #bcf1 and #bda of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg1 #abbe1 #abbf1 #abca72 and 7,b7 there is no presumption that an alien child who is not an unaccompanied alien child should not be detained4 7#b7 ,family detention ,the ,secretary of ,homeland ,security shall-- 7,a7 maintain the care and custody of any alien who-- 7i7 is charged only with a misdemeanor offense under section #bge7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7;a772 and 7ii7 entered the ,united ,states with the alien child of such alien1 during the period during which such charge is pending2 and 7,b7 detain the alien with the alien child of such alien4 7#c7 ,alien child defined ,the term alien child means an individual who-- 7,a7 has not attained #ah years of age2 and 7,b7 is an alien1 as that term is defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a774 4 7b7 ,sense of ,congress ,it is the sense of ,congress that the amendment made by subsection 7a7 is intended to satisfy the requirements of the ,settlement ,agreement in ,flores v4 ,meese1 ,no4 #he-dedd 7,c4,d4 ,cal471 as approved by the court on ,january #bh1 #aiig1 with respect to its interpretation in ,flores v4 ,johnson1 #bab ,f4 ,supp4 #c;d #hfd 7,c4,d4 ,cal4 #bjae71 that the agreement applies to accompanied minors4 7c7 ,preemption of ,state licensing requirements ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement1 no ,state may require that an immigration detention facility used to detain children who have not attained #ah years of age1 or families consisting of #a or more such children and the parents or legal guardians of such children1 that is located in that ,state1 be licensed by the ,state or any political subdivision thereof4 7d7 ,effective date ,the amendment made by subsection 7a7 shall-- 7#a7 take effect on the date of enactment of this ,act2 and 7#b7 apply to all actions that occur before1 on1 or after such date4 #ejd4 ,unaccompanied alien children 7a7 ,repatriation and screening ,section #bce7;a7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in the paragraph heading1 by striking ,special rules for children from contiguous countries and inserting ,rules for unaccompanied alien children2 7,b7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking who is a national or habitual resident of a country that is contiguous with the ,united ,states2 7ii7 in clause 7i71 by inserting and after the semicolon2 7iii7 in clause 7ii71 by striking 2 and and inserting a period2 and 7iv7 by striking clause 7iii72 and 7,c7 in subparagraph 7,b7-- 7i7 in the matter preceding clause 7i71 by striking may2 7ii7 in clause 7i71 by inserting may before permit such child2 and 7iii7 in clause 7ii71 by inserting shall before return such child2 7#b7 in paragraph 7#c71 in the paragraph heading1 by striking other children and inserting children not meeting paragraph 7#b77;,a72 and 7#c7 in paragraph 7#e77;,d7-- 7,a7 in the matter preceding clause 7i71 by striking 1 except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection 7a77#b71 and inserting who does not meet the criteria listed in paragraph 7#b77;,a72 and 7,b7 in clause 7i71 by inserting before the semicolon at the end the following3 1 which shall include a hearing before an immigration judge not later than #ad days after being screened under paragraph 7#d74 7b7 ,custody1 transfer1 and notification ,section #bce7;b7 of such ,act 7#h ,u4,s4,c4 #abcb7;b77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by inserting believed not to meet the criteria listed in subsection 7a77#b77;,a7 before the semicolon at the end2 and 7,b7 in subparagraph 7,b71 by inserting and does not meet the criteria listed in subsection 7a77#b77;,a7 before the period at the end2 and 7#b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,transfers of unaccompanied alien children ,except in the case of exceptional circumstances1 any department or agency of the ,federal ,government that has an unaccompanied alien child in custody-- 7,a7 shall1 in the case of a child who does not meet the criteria listed in subsection 7a77#b77;,a71 transfer the custody of such child to the ,secretary of ,health and ,human ,services not later than #cj days after determining that such child is an unaccompanied alien child who does not meet such criteria2 and 7,b7 may1 in the case of a child who meets the criteria listed in subsection 7a77#b77;,a71 transfer the custody of such child to the ,secretary of ,health and ,human ,services after determining that such child is an unaccompanied alien child who meets such criteria4 4 7c7 ,information sharing and access to counsel ,section #bce7;c7 of such ,act 7#h ,u4,s4,c4 #abcb7;c77 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking the second sentence and inserting ,such determination shall1 at a minimum1 include verification of the identity of the proposed custodian1 verification of the relationship of the proposed custodian to the child1 if any1 collection of information sufficient to identify and locate the proposed custodian and assess the suitability of the proposed placement1 and an independent finding that the proposed custodian has not engaged in any activity that would indicate a potential risk of abuse1 neglect1 maltreatment1 exploitation1 or trafficking to the child42 7,b7 in subparagraph 7,b7-- 7i7 in the first sentence1 by striking first2 7ii7 in the second sentence-- 7,i7 by striking special needs2 and 7,,ii7 by striking sponsor clearly presents a risk of abuse1 maltreatment and inserting custodian clearly presents a risk of abuse1 neglect1 maltreatment2 and 7iii7 in the third sentence1 by striking on children for whom a home study was conducted and is authorized to conduct follow-up services in cases involving children with mental health or other needs who could benefit from ongoing assistance from a social welfare agency and inserting for each child for whom a home study was conducted1 and may conduct follow-up services in cases involving children with mental health needs or other needs who could benefit from continuing assistance from a social welfare agency2 7,c7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,access to information ,not later than #ad days after receiving a request from the ,secretary of ,health and ,human ,services1 the ,secretary of ,homeland ,security shall provide information necessary to conduct a safety and suitability assessment from appropriate ,federal1 ,state1 and local law enforcement and immigration databases4 2 and 7,d7 by adding at the end the following3 7,d7 ,required placement information 7i7 ,before placing a child with an individual1 the ,secretary of ,health and ,human ,services shall obtain and provide to the ,secretary of ,homeland ,security information regarding the proposed custodian1 including-- 7,i7 the full legal name of the proposed custodian2 7,,ii7 the date of birth of the proposed custodian2 7,,iii7 the address of the residence at which the child will be placed2 7,,iv7 contact information for the proposed custodian2 7,v7 the relationship of the proposed custodian to the child1 if any2 7,,vi7 the ,social ,security number of the proposed custodian or1 if no ,social ,security number has been issued to the proposed custodian1 any alien registration number1 ,i-#id number1 passport number1 or other immigration-related identifying number of the proposed custodian2 and 7,,vii7 the immigration status asserted by the proposed custodian4 7ii7 ,a child may not be placed with a proposed custodian unless the ,secretary of ,health and ,human ,services has obtained the information required under clause 7i7 and provided that information to the ,secretary of ,homeland ,security4 7iii7 ,not later than #cj days after receiving the information described in clause 7i71 the ,secretary of ,homeland ,security shall1 upon determining that the proposed custodian is unlawfully present in the ,united ,states and is not already in removal proceedings under chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq471 initiate such proceedings4 7iv7 ,the proposed custodian shall be ineligible to receive placement of a child under this section if the proposed custodian provides materially false1 fictitious1 or fraudulent information under clause 7i71 unless the ,secretary of ,health and ,human ,services determines that exceptional circumstances warrant otherwise4 2 and 7#b7 in paragraph 7#e71 by striking have counsel to represent them and inserting have access to counsel1 at no expense to the ,government1 to represent them4 7d7 ,effective date ,the amendments made by this section shall apply to any unaccompanied alien child 7as such term is defined in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g777 apprehended on or after the date that is #cj days after the date of the enactment of this ,act4 ,,vi ,employment eligibility verification and labor protections #fja4 ,employment eligibility verification ,section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended-- 7#a7 by amending subsection 7b7 to read as follows3 7b7 ,employment eligibility verification process 7#a7 ,identity verification required ,each person1 employer1 or other entity that hires1 recruits1 or refers individuals for employment in the ,united ,states1 at the time of hiring1 shall verify each individual's identity and employment authorization by examining the required documentation4 7#b7 ,e-verify ,the ,secretary of ,homeland ,security shall maintain1 at no cost to users1 an electronic employment eligibility verification system 7referred to in this subsection as ,e-,verify7 that-- 7,a7 allows participating employers to confirm an individual's identity and lawful status to work in the ,united ,states1 as recorded in ,department of ,homeland ,security and ,social ,security ,administration databases2 7,b7 includes a basic verification service that compares the information from an individual's employment eligibility documents against ,department of ,homeland ,security and ,social ,security ,administration records2 and 7,c7 an identity authentication service that confirms the individual's identity for purposes of fraud prevention and national security4 7#c7 ,mandatory enrollment ,each person hiring a new employee shall enroll in and use ,e-,verify to confirm each employee's identity and work authorization not later than the date on which the relevant employee completes his or her ,form ,i-#i4 7#d7 ,effect of nonconfirmation 7,a7 ,in general ,if ,e-,verify does not automatically confirm an individual's authorization to work1 the employer shall-- 7i7 treat such individual as provisionally authorized under this subsection 7as in effect on the date before the enactment of the ,,assimilation ,act72 and 7ii7 notify ,department of ,homeland ,security of such nonconfirmation within the period specified in a regulation promulgated pursuant to paragraph 7#g74 7,b7 ,unlawful employment ,an individual who is not ultimately confirmed by ,e-,verify shall be deemed to be unlawfully employed in the ,united ,states after the expiration of the provisional period4 7#e7 ,penalties for violations ,a person or entity may be subject to civil or criminal penalties under this section only for violations related to an individual's identity or work authorization if the person or entity-- 7,a7 had actual knowledge of such violation2 or 7,b7 failed to timely update the employment verification information upon receiving notice of a discrepancy4 7#f7 ,good-faith compliance ,good-faith compliance with system procedures 7including proper completion of the ,e-,verify process7 shall be a valid defense to any claim of a paperwork violation under this section4 7#g7 ,rulemaking ,the ,secretary of ,homeland ,security shall promulgate regulations that prescribe appropriate procedures for operating and using of ,e-,verify1 including measures to safeguard privacy and to resolve system errors or mismatches4 2 and 7#b7 by adding at the end the following3 7i7 ,enrollment and system requirements 7#a7 ,registration2 compliance ,all employers subject to subsection 7b7 shall-- 7,a7 register with through ,e-,verify2 and 7,b7 comply with all applicable ,e-,verify requirements for all new hires in the ,united ,states4 7#b7 ,availability ,the ,secretary of ,homeland ,security shall ensure that-- 7,a7 ,e-,verify is available to employers #bd hours each day2 and 7,b7 use of ,e-,verify does not cause significant delays in the hiring process4 7#c7 ,notification ,all employers subject to subsection 7b7 shall inform employees of the use of ,e-,verify and the results of the verification for each such employee1 in accordance with regulations promulgated by the ,secretary pursuant to subsection 7b77#g74 4 #fjb4 ,h-#b;a wage methodology ,section #bah7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7;a77 is amended by adding at the end the following3 7#c7 7,a7 in determining the wage rates to be paid to ,h-#b;,a workers under this subsection1 the ,secretary of ,labor shall use a wage-rate methodology that ensures-- 7i7 such workers are not paid less than a wage rate that would adversely affect similarly employed ,united ,states workers2 and 7ii7 the wage rate for such workers is not less than the highest of-- 7,i7 the prevailing wage in the area of intended employment for the occupation code1 as determined under regulations promulgated by the ,secretary of ,labor2 7,,ii7 the applicable ,federal or ,state minimum wage2 and 7,,iii7 the average hourly wage paid to ,united ,states workers in the same occupation code and area of intended employment 7based on recent official data71 rounded up to the next whole dollar4 7,b7 ,the ,secretary of ,labor-- 7i7 shall publish the applicable wage rates for each occupation code and area of intended employment before the beginning of each agricultural season2 and 7ii7 may update such rates at least annually4 7,c7 ,this paragraph may be enforced in the same manner as any other wage requirements under this section4 4 ,,vii ,conforming amendments2 reports2 effective dates2 applicability2 severability #gja4 ,reports ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security shall submit to ,congress a report on the economic impact1 assimilation rates1 and public-charge incidences associated with the amendments made by this ,act4 #gjb4 ,effective dates ,this ,act and the amendments made by this ,act shall take effect on the date of enactment of this ,act1 unless otherwise provided in this ,act4 #gjc4 ,applicability and transition provisions 7a7 ,invalidated petitions and applications ,except as otherwise expressly provided in this ,act1 any petition1 application1 or other request for immigration status1 classification1 benefit1 or relief filed under any immigration category1 classification1 or provision repealed by this ,act is void as of the effective date of the repeal4 7b7 ,pending matters ,except as otherwise expressly provided in this ,act1 any petition1 application1 or other request for immigration status1 classification1 benefit1 or relief pending on the date of the enactment of this ,act shall be adjudicated1 denied1 terminated1 or otherwise resolved in accordance with this ,act and the amendments made by this ,act4 7c7 ,previously issued visas ,nothing in this section may be construed to invalidate a visa issued before the date of the enactment of this ,act unless expressly provided in this ,act4 7d7 ,diversity immigrant visas ,in the case of a diversity immigrant visa under section #bjc7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;c771 section #bjb7;c7 of such ,act shall control4 #gjd4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance1 is held invalid or unconstitutional1 the remainder of this ,act1 the amendments made by this ,act1 and the application of the provisions of such to any other person or circumstance shall not be affected thereby4