,,ii #aaith ,,congress #b;d ,session ,s4 #edhe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bc1 #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 protect ,american workers and values4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,americans ,first ,immigration ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,protection of ,american workers and values4,sec4 #c4 ,elimination of ,diversity ,lottery ,immigrant ,visa program4,sec4 #d4 ,preserving nuclear family immigration4,sec4 #e4 ,replacement of employment-based immigrant visa categories with points-based immigrant visa program in the ,american interest4,sec4 #f4 ,conditional permanent resident status for certain immigrants1 spouses1 and children4,sec4 #g4 ,protection of ,united ,states taxpayers and college students4 #b4 ,protection of ,american workers and values 7a7 ,protection of ,american workers ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq471 as amended by section #e7;d71 is further amended by adding at the end the following3 #bbj;,a4 ,protection of ,american workers2 employer attestation 7a7 ,definitions ,in this section3 7#a7 ,area of employment ,the term area of employment1 with respect to the job for which an employer made a bona fide offer of employment to an alien1 means the area within normal commuting distance of the worksite or physical location at which the work of the alien will be performed4 ,if such worksite or location is within a ,metropolitan ,statistical ,area1 any place within such area is deemed to be within such area of employment4 7#b7 ,essentially the equivalent ,the term essentially the equivalent1 with respect to a job for which an employer made a bona fide offer of employment to an alien1 means a job that-- 7,a7 is held by a ,united ,states worker with substantially equivalent qualifications and experience to such alien2 7,b7 involves essentially the same responsibilities2 and 7,c7 is located in the same area of employment4 7#c7 ,lay off ,the term lay off1 with respect to a worker-- 7,a7 means to cause the worker's loss of employment1 other than through a discharge for inadequate performance1 violation of workplace rules1 other cause1 voluntary departure1 voluntary retirement1 or the expiration of a grant or contract 7other than a temporary employment contract entered into in order to evade a condition of the employer's attestation72 and 7,b7 does not include any situation in which the worker is offered1 as an alternative to such loss of employment1 a similar employment opportunity with the same employer at equivalent or higher compensation and benefits as the position from which the employee was laid off1 regardless of whether or not the employee accepts such offer4 7#d7 ,united ,states worker ,the term ,united ,states worker means an employee who is-- 7,a7 a citizen or national of the ,united ,states2 or 7,b7 an alien who is lawfully admitted for permanent residence4 7b7 ,required attestation elements ,an employer's attestation meets the requirements described in section #bjd;,a7a77#b7 if the employer-- 7#a7 attests the employer1 before making a bona fide job offer to the alien-- 7,a7 took good faith steps to recruit ,united ,states workers for the job for which the alien has been made an offer using procedures that meet industry-wide standards and offering compensation that is not less than the compensation offered to the alien2 and 7,b7 offered the job to any ,united ,states worker who applied and was equally or better qualified for the job offered to the alien than such alien2 7#b7 provides a summary of the recruitment efforts described in paragraph 7#a71 including-- 7,a7 the good faith steps taken to recruit ,united ,states workers2 7,b7 the name1 address1 and contact information1 and resume 7if provided7 of each ,united ,states worker who applied for the job2 7,c7 the name1 address1 and contact information of each ,united ,states worker who was offered the job1 the proffered wage to each such worker1 and whether each such worker accepted such offer2 and 7,d7 for each ,united ,states worker who was not offered the job1 the reason why the job was not offered to such ,united ,states worker2 and 7#c7 attests the employer-- 7,a7 did not lay off and will not lay off any ,united ,states worker employed by the employer from a job that is essentially the equivalent of the job for which the employer made a bona fide offer of employment to the alien during the period beginning #ij days before making such attestation and ending on the last day of the employer's employment of the alien2 7,b7 will not place the alien with another employer for which the alien performs duties1 in whole or in part1 at #a or more worksites-- 7i7 owned1 operated1 or controlled by such other employer2 or 7ii7 physically located within1 adjacent to1 or in close proximity to1 a worksite described in clause 7i7 for the purpose of avoiding the requirements under this subsection2 and 7,c7 will employ the alien at not less than the promised wage rate for #c years unless-- 7i7 the alien is discharged for inadequate performance1 violation of workplace rules1 or other cause2 or 7ii7 the alien voluntarily departed from the job or voluntarily retired4 7c7 ,compliance with attestation 7#a7 ,investigations 7,a7 ,in general 7i7 ,grounds for initiation ,the ,secretary of ,labor may initiate an investigation of any employer that has signed an attestation described in subsection 7b7 if the ,secretary has reasonable cause to believe such employer is not in compliance with the terms of such attestation4 7ii7 ,notice ,except as provided in clause 7iii71 the ,secretary of ,labor shall notify an employer with respect to whom there is reasonable cause to initiate an investigation under clause 7i7 before commencing such investigation4 ,such notice shall be provided in such a manner1 and shall contain sufficient detail1 to permit the employer to respond to the allegations before an investigation is commenced4 7iii7 ,exception ,the ,secretary of ,labor is not required to comply with clause 7ii7 if the ,secretary determines providing notice to an employer would interfere with an effort by the ,secretary to secure compliance by the employer with the terms of its attestation described in subsection 7b74 7iv7 ,no judicial review ,there shall be no judicial review of a determination by the ,secretary of ,labor under this subparagraph4 7v7 ,determination ,if the ,secretary of ,labor determines1 after an investigation conducted pursuant to this subparagraph1 a reasonable basis exists to determine the employer is not in compliance with the terms of its attestation described in subsection 7b71 the ,secretary shall provide for-- 7,i7 notice of such determination to be sent to the interested parties2 and 7,,ii7 an opportunity for a hearing in accordance with section #eef of title #e1 ,united ,states ,code4 7,b7 ,complaint-based investigations ,the ,secretary of ,labor shall establish procedures for-- 7i7 individuals who have applied in a reasonable manner for a job that is the subject of an employer's attestation described in subsection 7b7 or has been laid off in noncompliance with the terms of such an attestation to file a written1 signed complaint respecting the alleged violation of the attestations2 and 7ii7 the investigation of complaints described in clause 7i71 which have a substantial probability of validity4 7#b7 ,binding arbitration 7,a7 ,in general 7i7 ,initiation ,if the ,secretary of ,labor determines there is a substantial probability of validity of a claim in a complaint filed pursuant to paragraph 7#a77;,b77i7 that an employer is not in compliance with the terms of an attestation signed by the employer1 the ,secretary shall initiate binding arbitration proceedings by requesting the ,federal ,mediation and ,conciliation ,service to appoint an arbitrator from its roster of arbitrators4 7ii7 ,procedure2 rules ,the procedure and rules of the ,federal ,mediation and ,conciliation ,service shall be applicable to-- 7,i7 the selection of such arbitrator2 and 7,,ii7 such arbitration proceedings4 7iii7 ,fees2 expenses ,the ,secretary of ,labor shall pay the fee and expenses of the arbitrator4 7,b7 ,findings 7i7 ,in general ,the arbitrator shall determine if the employer is not in compliance with the terms of the attestation signed by the employer4 ,if the arbitrator determines the employer willfully failed to comply with such terms1 the arbitrator shall make a finding to that effect4 7ii7 ,distribution of findings ,the arbitrator shall submit any findings described in clause 7i7 in the form of a written opinion to the parties to the arbitration and to the ,secretary of ,labor4 7iii7 ,limitations on review ,the findings submitted pursuant to clause 7ii7 shall be final and conclusive4 ,except as provided in subparagraph 7,c71 no official or court of the ,united ,states shall have power or jurisdiction to review any such findings4 7,c7 ,review 7i7 ,by the secretary of labor ,the ,secretary of ,labor may review and reverse or modify the findings of the arbitrator only on the same bases as an award of an arbitrator may be vacated or modified under section #aj or #aa of title #i1 ,united ,states ,code4 7ii7 ,by a court ,a court may review only the actions of the ,secretary under clause 7i7 and may set aside such actions only on the grounds described in subparagraph 7,a71 7,b71 or 7,c7 of section #gjf7;a77#b7 of title #e1 ,united ,states ,code4 ,notwithstanding any other provision of law1 judicial review under this clause may only be brought in an appropriate ,united ,states court of appeals4 7#c7 ,penalties 7,a7 ,in general ,an employer shall be subject to the penalties set forth in subparagraph 7,b7 if the ,secretary of ,labor-- 7i7 finds1 after notice and opportunity for a hearing pursuant to paragraph 7#a77;,a77v77,,ii71 that an employer is not in compliance with the terms of a signed attestation described in subsection 7b72 or 7ii7 receives a finding of an arbitrator that an employer is not in compliance with the terms of such an attestation and the ,secretary has not reversed or modified such finding pursuant to paragraph 7#b77;,c77i74 7,b7 ,penalties described ,the ,secretary of ,labor shall-- 7i7 require each employer described in subparagraph 7,a7 to cease and desist from any noncompliance with the terms of a signed attestation described in subsection 7b72 7ii7 require such employer to pay a civil monetary penalty in an amount that is not more than-- 7,i7 #e1jjj for noncompliance with any term of the employer's attestation2 7,,ii7 #be1jjj for each willful noncompliance with a term of the employer's attestation2 and 7,,iii7 #ej1jjj for each willful noncompliance with a term of the employer's attestation that resulted in a ,united ,states worker being laid off2 7iii7 beginning on ,january #a1 #bjbh1 and annually thereafter1 automatically adjust the amounts described in clause 7ii7 for violations committed after the effective date of each adjustment based on the cumulative annual percentage change in the unadjusted ,consumer ,price ,index for all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor between ,january #a1 #bjbg1 and the date of such adjustment2 7iv7 disapprove any petition filed by any alien desiring to be classified as points-based immigrants under section #bjc7;b7 that includes a bona fide offer of employment made by such employer-- 7,i7 during a period of not more than #a year2 and 7,,ii7 in the case of willful noncompliance1 during a period of not more than #ae years2 7v7 if the attesting employer failed to offer a job to a ,united ,states worker in compliance with subsection 7b77#a77;,b71 order such remedial action as may be appropriate1 including-- 7,i7 the hiring by the attesting employer of the ,united ,states worker for the job for which the alien had been made an offer which the ,united ,states worker was not1 but should have been1 offered1 with compensation that is not less than the compensation offered to the alien2 or 7,,ii7 payment by the attesting employer to such ,united ,states worker of compensatory damages2 7vi7 if the attesting employer laid off a ,united ,states worker in violation of subsection 7b77#c77;,a71 order such remedial action as may be appropriate1 including-- 7,i7 reinstatement by the attesting employer of the ,united ,states worker to his or her former position and compensation 7including back pay71 terms1 conditions1 and privileges of such employment2 or 7,,ii7 payment by the attesting employer to such laid off ,united ,states worker of compensatory damages2 and 7vii7 if the attesting employer placed the alien with another employer in violation of subsection 7b77#c77;,b71 and the other employer consequently laid off a ,united ,states worker1 order payment by the attesting employer to such laid off ,united ,states worker of compensatory damages4 7#d7 ,criminal penalties ,notwithstanding any other provision of ,federal law relating to fine levels1 any person or entity that engages in a pattern or practice of noncompliance with the terms of signed attestations described in subsection 7b7 shall1 for the entire pattern or practice1 be fined not less than #bej1jjj1 imprisoned for not more than #f months1 or both4 4 7b7 ,protection of ,american values 7#a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq471 as amended by subsection 7a7 and section #e7;d71 is further amended by adding at the end the following3 #bbj;,b4 ,protection of ,american values ,in each attestation required under section #bjd7;a77#c71 #bjd;,a7a77#b77;,a71 #bji7;a77#b71 #bji7;b77#f71 or #bde7n71 the attestor shall attest that he or she-- 7#a7 will remain-- 7,a7 attached to the principles of the ,constitution of the ,united ,states2 and 7,b7 well disposed to the good order and happiness of the ,united ,states2 7#b7 has not ordered1 incited1 advocated for1 assisted1 or otherwise participated in 7including by writing1 publishing1 or causing to be written or published1 by knowingly circulating1 distributing1 printing1 publishing1 or displaying1 by knowingly causing to be circulated1 distributed1 printed1 published1 or displayed1 or by knowingly having in his or her possession for the purpose of circulation1 publication1 distribution1 or display1 any written matter 7including through electronic means1 such as the internet and electronic text and mail7 or printed matter for the purpose1 in whole or in part1 of carrying out such order1 incitement1 advocacy1 assistance1 or participation7-- 7,a7 genocide 7as defined in section #ajia7;a7 of title #ah1 ,united ,states ,code72 7,b7 the civil or criminal punishment of a person on account1 in whole or in part1 of such person's actual or perceived religious apostasy or blasphemy2 7,c7 the establishment of any governmentally enforced religious law in the ,united ,states that would-- 7i7 operate in place of1 or in addition to1 any ,federal1 ,state1 or local civil or criminal law2 and 7ii7 apply to-- 7,i7 all persons in the ,united ,states2 or 7,,ii7 persons of a particular religious faith in the ,united ,states 7regardless of whether adherence to such law is voluntary or mandatory72 7,d7 the persecution of any person on account of1 in whole or in part1 race1 religion1 nationality1 membership in a particular social group1 or political opinion2 7,e7 female infanticide2 7,f7 sex-selective abortion2 7,g7 honor killing2 7,h7 sexual assault 7including any conduct proscribed under chapter #aji;,a of title #ah1 ,united ,states ,code1 whether or not such conduct occurs in the special maritime and territorial jurisdiction of the ,united ,states or in a ,federal prison1 assaults committed by offenders who are strangers to the victim1 and assaults committed by offenders who are known or related by blood or marriage to the victim72 7,i7 domestic violence 7as defined in section #bcg7;a77#b77;,e77i772 or 7,j7 female genital mutilation 7as defined in section #fdd7;c7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acgd7;c7772 7#c7 will not engage in any activity described in paragraph 7#b7 in the future2 and 7#d7 is not1 has not been1 and will not become1 a member of1 or affiliated with1 any organization that carries out or has carried out #a or more of the actions described in subparagraphs 7,a7 through 7,h7 of paragraph 7#b7 while the alien petitioner is or was a member of1 or affiliated with1 such organization4 4 7#b7 ,attestation requirement ,section #bjd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77 is amended by adding at the end the following3 7#c7 ,each petition filed pursuant to paragraph 7#a7 shall include an attestation described in section #bbj;,b that has been signed by the alien beneficiary of such petition4 4 7c7 ,clerical amendments ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 by inserting after the item relating to section #bjd the following3 ,sec4 #bjd;,a4 ,procedure for granting immigrant status for points-based immigrants in the ,american interest4 2 and 7#b7 by inserting after the item relating to section #bai the following3 ,sec4 #bbj4 ,points-based ,immigrant ,visa ,program in the ,american interest4,sec4 #bbj;,a4 ,protection of ,american workers2 employer attestation4,sec4 #bbj;,b4 ,protection of ,american values4 4 7d7 ,effective date ,the amendments made by this section shall-- 7#a7 take effect on the date of the enactment of this ,act2 and 7#b7 apply to each petition filed on or after such date4 #c4 ,elimination of ,diversity ,lottery ,immigrant ,visa program 7a7 ,in general ,section #bjc7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;c77 is amended to read as follows3 7c7 ,allocation for religious workers ,aliens subject to the worldwide level specified in section #bja7;e7 for religious workers in a fiscal year shall be allotted visas in accordance with section #bjd7;a77#a77;,e74 4 7b7 ,technical and conforming amendments ,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 7a71 by amending paragraph 7#c7 to read as follows3 7#c7 special immigrants described in section #bjc7;c71 in a number not to exceed the number specified in subsection 7e7 during any fiscal year4 2 and 7,b7 by amending subsection 7e7 to read as follows3 7e7 ,worldwide level of religious workers ,the worldwide level of religious workers under this subsection for a fiscal year is equal to #c1jjj4 2 and 7#b7 in section #bjc7;e7 7#h ,u4,s4,c4 #aaec7;e77-- 7,a7 in paragraph 7#a71 by striking or 7b7 and inserting 1 7b7 or 7c72 7,b7 by striking paragraph 7#b72 and 7,c7 by redesignating paragraph 7#c7 as paragraph 7#b74 7c7 ,effective date2 validity 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this ,act4 7#b7 ,diversity immigrants ,no visa may be issued to any alien on or after the date of the enactment of this ,act under section #bjc7;c77#a77;,e7 of the ,immigration and ,nationality ,act1 as in effect during the period beginning on such date of enactment and ending on the day before the effective date set forth in paragraph 7#a74 7#c7 ,validity or invalidity of certain employment-based petitions and applications 7,a7 ,in general ,no persons may file1 and neither the ,secretary of ,homeland ,security nor the ,secretary of ,state may accept1 adjudicate1 or approve any petitions filed under section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 on or after the date of the enactment of this ,act seeking classification of aliens under section #bjc7;b77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#d771 as in effect immediately before the effective date set forth in paragraph 7#a74 ,any applications for adjustment of status or immigrant visas based on such petitions shall be rejected1 denied1 or made invalid4 7,b7 ,pending petitions for religious workers and other special immigrants 7i7 ,religious workers ,the ,secretary of ,homeland ,security and the ,secretary of ,state shall adjudicate or approve1 as petitions seeking classification of aliens under section #bjc7;c7 of the ,immigration and ,nationality ,act1 as amended by section #c7;a71 any petitions filed under section #bjd of such ,act 7#h ,u4,s4,c4 #aaed7 seeking classification of aliens under section #bjc7;b77#d7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#d77 who meet the definition of special immigrants under section #aja7;a77#bg77;,c7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,c77 that are pending on the first day of the first fiscal year beginning after the date of the enactment of this ,act4 7ii7 ,other special immigrants ,neither the ,secretary of ,homeland ,security nor the ,secretary of ,state may adjudicate or approve any petitions under section #bjd of the ,immigration and ,nationality ,act seeking classification of aliens under section #bjc7;b77#d7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#d77 who do not meet the definition of special immigrant under section #aja7;a77#bg77;,c7 of such ,act that are pending on the first day of the first fiscal year beginning after the date of the enactment of this ,act4 ,any applications for adjustment of status or immigrant visas based on such pending petitions shall be rejected1 denied1 or made invalid4 7#d7 ,applicability to waitlisted applicants 7,a7 ,religious workers ,beginning on the first day of the first fiscal year beginning after the date of the enactment of this ,act1 visas may be issued to aliens described in section #aja7;a77#bg77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,c77 who are beneficiaries of petitions that have been approved under section #bjc7;b77#d7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#d77 as if the visas were issued to beneficiaries of petitions under section #bjc7;c7 of such ,act1 as amended by this ,act4 ,such petitions shall retain their original priority dates4 7,b7 ,other special immigrants ,beginning on the first day of the first fiscal year beginning after the date of the enactment of this ,act1 aliens who are beneficiaries of petitions that have been approved under section #bjc7;b77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#d77 may not be issued visas pursuant to such section4 #d4 ,preserving nuclear family immigration 7a7 ,immediate relative redefined ,section #bja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea71 as amended by section #c7;b77#a71 is further amended-- 7#a7 in subsection 7b77#b77;,a77i71 by striking children1 spouses1 and parents of a citizen of the ,united ,states1 except that1 in the case of parents1 such citizens shall be at least #ba years of age4 and inserting children and spouse of a citizen of the ,united ,states42 7#b7 by amending subsection 7c7 to read as follows3 7c7 ,worldwide level of nuclear family-,sponsored immigrants 7#a7 ,in general ,the worldwide level of nuclear family-sponsored immigrants under this subsection for a fiscal year is equal to-- 7,a7 #hg1icd2 minus 7,b7 the number computed under paragraph 7#b74 7#b7 ,number computed ,the number computed under this paragraph for a fiscal year is the number of aliens who were paroled into the ,united ,states pursuant to section #bab7;d77#e7 in the second preceding fiscal year who-- 7,a7 did not depart the ,united ,states 7without advance parole7 during the #a-year period beginning on the date on which such parole was granted2 and 7,b7 7i7 did not acquire the status of an alien lawfully admitted for permanent residence during the #b preceding fiscal years2 or 7ii7 acquired such status during such period under a provision of law 7other than subsection 7b77 that exempts adjustment to such status from the numerical limitation on the worldwide level of immigration under this section4 2 and 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#b71 by striking section #bjc7;a77#b77;,a7 and inserting section #bjc7;a72 7,b7 striking paragraph 7#c72 7,c7 redesignating paragraph 7#d7 as paragraph 7#c72 and 7,d7 in paragraph 7#c71 as redesignated1 striking 7#a7 through 7#c7 and inserting 7#a7 and 7#b74 7b7 ,nuclear family visa preferences ,section #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a77 is amended to read as follows3 7a7 ,spouses and minor children of permanent resident aliens 7#a7 ,defined term ,a family-sponsored immigrant described in this subsection is a qualified immigrant who is the spouse or child of an alien lawfully admitted for permanent residence4 7#b7 ,visa allocation ,family-sponsored immigrants shall be allotted visas in each fiscal year in accordance with the number computed under section #bja7;c74 4 7c7 ,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 #bjb 7#h ,u4,s4,c4 #aaeb7-- 7,a7 in subsection 7a71 by amending paragraph 7#d7 to read as follows3 7#d7 ,special rule for spouses and children of lawful permanent resident aliens ,of the visas made available under section #bjc7;a7 in any fiscal year1 #ge percent shall be issued without regard to the numerical limitation under paragraph 7#b74 2 and 7,b7 in subsection 7e7-- 7i7 in paragraph 7#a71 by striking the semicolon at the end and inserting a period2 7ii7 by striking paragraphs 7#b7 and 7#c72 7iii7 in the matter preceding paragraph 7#a7-- 7,i7 by striking in a manner so that-- and all that follows through the ratio in paragraph 7#a7 and inserting in a manner so that the ratio2 and 7,,ii7 by striking ,if it is determined and inserting the following3 7#a7 ,in general ,if it is determined 2 and 7iv7 in the undesignated matter at the end-- 7,i7 by striking 1 or as limiting the number of visas that may be issued under section #bjc7;a77#b77;,a7 pursuant to subsection 7a77#d77;,a72 and 7,,ii7 by striking ,nothing in this subsection shall and inserting the following3 7#b7 ,rule of construction ,nothing in paragraph 7#a7 may 2 7#c7 in section #bjd 7#h ,u4,s4,c4 #aaed7-- 7,a7 in subsection 7a77#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by striking to classification by reason of a relationship described in paragraph 7#a71 7#c71 or 7#d7 of section #bjc7;a7 or2 and 7,,ii7 by moving clause 7viii7 #f ems to the left2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i7-- 7aa7 in the first subclause 7,i71 by striking #bjc7;a77#b7 and inserting #bjc7;a72 and 7bb7 by redesignating the second subclause 7,i7 as subclause 7,,ii7 and moving such subclause #f ems to the left2 and 7,,ii7 by striking #bjc7;a77#b77;,a7 each place such term appears and inserting #bjc7;a72 and 7iii7 in subparagraph 7,d77i77,i71 by striking a petitioner and all that follows through section #bjd7;a77#a77;,b77iii74 and inserting an individual who is younger than #ba years of age for the purposes of adjudicating such petition and admission as an immediate relative or as a family-sponsored immigrant under section #bjc7;a71 as applicable1 notwithstanding the actual age of such individual42 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#d7 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#aa7-- 7i7 by striking ,attorney ,general may1 in his discretion and inserting ,secretary of ,homeland ,security may1 in the ,secretary's discretion2 and 7ii7 by striking 7other than paragraph 7#d7 thereof72 7#e7 in section #bac;,a7f77#e77;,b77ii7 7#h ,u4,s4,c4 #aahc;a7f77#e77;,b77ii771 by striking section #bjd7l7 and inserting #bjd7k72 7#f7 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#g7 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#h7 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 7d7 ,effective date2 applicability 7#a7 ,effective date ,subject to paragraph 7#c71 the amendments made by this section shall take effect on the date of the enactment of this ,act4 7#b7 ,invalidity of certain petitions and applications 7,a7 ,in general ,a person may not file1 and the ,secretary of ,homeland ,security and the ,secretary of ,state may not accept1 adjudicate1 or approve1 a petition under section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 that is filed on or after the date of the enactment of this ,act and seeks the classification of an alien-- 7i7 as a parent of a citizen of the ,united ,states under section #bja7;b77#b77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#b77;,a77i77 7as in effect on the date immediately preceding such date of enactment72 or 7ii7 as a family-sponsored immigrant under paragraph 7#a71 7#b77;,b71 7#c71 or 7#d7 of section #bjc7;a7 of such ,act 7#h ,u4,s4,c4 #aaec7;a77 7as in effect on the date immediately preceding such date of enactment74 7,b7 ,applications for adjustment of status ,any application for adjustment of status or for an immigrant visa based on a petition described in subparagraph 7,a7 shall be rejected1 denied1 or made invalid4 7#c7 ,pending petitions 7,a7 ,in general ,neither the ,secretary of ,homeland ,security nor the ,secretary of ,state may adjudicate or approve any petition under section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 that is pending on the date of the enactment of this ,act and that seeks the classification of an alien under section #bja7;b77#b77;,a77i7 of such ,act 7#h ,u4,s4,c4 #aaea7;b77#b77;,a77i77 7as in effect on the date immediately preceding the date of the enactment of this ,act7 or under paragraph 7#a71 7#b77;,b71 7#c71 or 7#d7 of section #bjc7;a7 of such ,act 7#h ,u4,s4,c4 #aaec7;a77 7as in effect on the date immediately preceding such date of enactment74 7,b7 ,applications for adjustment of status ,any application for adjustment of status or for an immigrant visa based on a petition described in subparagraph 7,a7 shall be rejected1 denied1 or made invalid4 7#d7 ,applicability to waitlisted family-sponsored beneficiaries 7,a7 ,in general ,aliens who are beneficiaries of a petition under paragraph 7#a71 7#b77;,b71 7#c71 or 7#d7 of section #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a771 as in effect on the date immediately preceding the date of the enactment of this ,act that was approved before such date of enactment may be issued a visa in accordance with subparagraph 7,b74 7,b7 ,availability of visas ,a visa may be issued to any alien who is the beneficiary of an approved petition under any paragraph referred to in subparagraph 7,a7 until the number of visas allocated to aliens in the applicable paragraph for the fiscal year in which this ,act was enacted have been issued4 ,when all of the available visas described in the previous sentence have been issued for a paragraph referred to in subparagraph 7,a71 no additional visas may be issued for the visa category authorized under such paragraph4 #e4 ,replacement of employment-based immigrant visa categories with points-based immigrant visa program in the ,american interest 7a7 ,worldwide level of points-,based immigration ,section #bja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea71 as amended by sections #c7;b77#a7 and #d7;a71 is further amended-- 7#a7 in subsection 7a71 by amending paragraph 7#b7 to read as follows3 7#b7 points-based immigrants described in section #bjc7;b71 in a number not to exceed the number specified in subsection 7d7 during any fiscal year2 and 2 and 7#b7 by amending subsection 7d7 to read as follows3 7d7 ,worldwide level of points-,based immigrants ,the worldwide level of points-based immigrants under this subsection for a fiscal year is equal to-- 7#a7 #aib1jjj2 minus 7#b7 the number of aliens who were never detained or who were released from detention during the most recently concluded fiscal year despite being subject to mandatory detention under paragraph 7#a77;,b77ii71 7#a77;,b77iii77,,iv71 or 7#b77;,a7 of section #bce7;b74 4 7b7 ,replacement of preference allocation for employment-,based immigrants with points-,based immigration ,section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 is amended to read as follows3 7b7 ,allocation for points-,based immigrants ,aliens subject to the worldwide level for points-based immigrants in a fiscal year specified in section #bja7;d7 shall be granted visas in accordance with sections #bjd;,a and #bbj4 4 7c7 ,procedure for granting immigrant status for points-,based immigrants in the ,american interest ,chapter #a of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 is amended by inserting after section #bjd 7#h ,u4,s4,c4 #aaed7 the following3 #bjd;,a4 ,procedure for granting immigrant status for points-based immigrants in the ,american interest 7a7 ,petitions for immigrant status for points-,based immigrants 7#a7 ,in general ,any alien seeking classification as a points-based immigrant under section #bjc7;b7 shall submit a petition to the ,secretary of ,homeland ,security that-- 7,a7 meets the requirements described in paragraph 7#b72 7,b7 is formatted and submitted in such form and manner as the ,secretary of ,homeland ,security may require2 and 7,c7 includes such other information as the ,secretary may require4 7#b7 ,minimum requirements for petitions ,each petition submitted pursuant to paragraph 7#a7 shall include-- 7,a7 an attestation described in section #bbj;,b that has been signed by the alien2 7,b7 evidence of a bona fide offer of employment in the ,united ,states by any ,american employer described in paragraph 7#c71 7#d71 or 7#e7 of section #caba7;h7 of the ,internal ,revenue ,code of #aihf1 including a signed attestation described in section #bbj;,a and evidence that such employer is offering to the alien a salary of-- 7i7 not less than #bjj percent of the median wage in the ,state in which the alien will be employed if the alien will not receive a bachelor's1 master's1 professional1 or doctoral degree1 or a doctorate of medicine1 from an institution of higher education in the ,united ,states within #a year after the date on which such petition is filed2 or 7ii7 not less than #aej percent of the median wage in the ,state in which the alien will be employed if the alien has received or will receive a bachelor's1 master's1 professional1 or doctoral degree1 or a doctorate of medicine1 from an institution of higher education in the ,united ,states not later than #a year after the date on which such petition is filed2 7,c7 a certification that the alien is eligible to receive not fewer than #af points under the criteria described in section #bbj7;a71 accompanied by sufficient evidence1 as determined by the ,secretary1 of the attributes and achievements establishing eligibility for such points2 7,d7 sufficient evidence1 as determined by the ,secretary1 that the alien is not younger than #ah years of age or older than #ea years of age on the date on which such petition is filed2 and 7,e7 sufficient evidence1 as determined by the ,secretary1 that the alien has a score on an ,english language proficiency test in the #eth decile or higher4 7#c7 ,amendment of petitions ,an alien may amend a petition previously filed by the alien under this subsection by-- 7,a7 submitting to the ,secretary of ,homeland ,security a new bona fide offer of employment described in paragraph 7#b77;,b7 by any ,united ,states employer2 or 7,b7 certifying the alien is eligible for additional points under the criteria described in section #bbj7;a71 accompanied by sufficient evidence1 as determined by the ,secretary1 of the attributes and achievements establishing eligibility for such additional points4 7b7 ,eligible applicant pool and selection of aliens 7#a7 ,in general ,the ,secretary of ,homeland ,security shall-- 7,a7 classify all aliens who have filed petitions meeting the requirements set forth in subsection 7a7 as eligible points-based immigrant candidates2 and 7,b7 rank such candidates based on the total number of points for which such aliens are eligible under section #bbj7;a74 7#b7 ,tie-breaking factors ,the ,secretary shall distinguish between groups of aliens who are eligible for an equal number of points-- 7,a7 by giving preference to aliens who are eligible for more points under section #bbj7;a77#a7 7employment72 7,b7 with respect to aliens who are eligible for an equal number of points under section #bbj7;a77#a71 by giving preference to aliens who are eligible for more points under section #bbj7;a77#b7 7extraordinary achievement72 7,c7 with respect to aliens who are eligible for an equal number of points under paragraphs 7#a7 and 7#b7 of section #bbj7;a71 by giving preference to aliens who are eligible for more points under section #bbj7;a77#c7 7educational attainment72 7,d7 with respect to aliens who are eligible for an equal number of points under paragraphs 7#a71 7#b71 and 7#c7 of section #bbj7;a71 by giving preference to aliens who are eligible for more points under section #bbj7;a77#d7 7,english language proficiency72 7,e7 with respect to aliens who are eligible for an equal number of points under paragraphs 7#a71 7#b71 7#c71 and 7#d7 of section #bbj7;a71 by giving preference to aliens who are eligible for more points under section #bbj7;a77#e7 7military service72 and 7,f7 with respect to aliens who are eligible for an equal number of points under paragraphs 7#a71 7#b71 7#c71 7#d71 and 7#e7 of section #bbj7;a71 by giving preference to aliens who are eligible for more points under section #bbj7;a77#f7 7age74 7#c7 ,visa issuance ,not fewer than #d times during each fiscal year1 the ,secretary of ,homeland ,security shall-- 7,a7 compute the number of points-based immigrant visas authorized to be issued during the applicable period from the worldwide level total available in such fiscal year under section #bja7;d72 7,b7 identify up to the number computed pursuant to subparagraph 7,a7 of aliens who-- 7i7 submitted a petition under this section during such fiscal year that meets the requirements described in subsection 7a72 7ii7 have not been issued a point-based immigrant visa2 and 7iii7 are eligible for more points 7but not fewer than #af points7 under section #bbj7;a7 than any of the aliens not selected for such a visa1 subject to the tie-breaking factors set forth in paragraph 7#b72 7,c7 subject to subparagraph 7,d71 issue a points-based immigrant visa to-- 7i7 each of the aliens described in subparagraph 7,b72 and 7ii7 the spouse and any children of each of the aliens referred to in clause 7i7 who are accompanying or following to join such an alien1 in accordance with section #bjc7;d72 and 7,d7 ensure the number of visas issued pursuant to subparagraph 7,c7 does not exceed the worldwide level of visas available for the applicable fiscal year under section #bja7;d74 4 7d7 ,establishment of a points-,based immigrant visa program in the ,american interest ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by adding at the end the following3 #bbj4 ,points-based immigrant visa program in the ,american interest 7a7 ,in general ,an alien seeking to be classified as an immigrant under section #bjc7;b7 shall submit a petition1 in accordance with section #bjd;,a1 that includes such information as the ,secretary of ,homeland ,security may require so that the ,secretary may determine the number of points for which the alien is eligible under this subsection4 7#a7 ,employment 7,a7 ,no college degree ,if the alien is not expected to receive a bachelor's1 master's1 professional1 or doctoral degree1 or a doctorate of medicine1 from an institution of higher education in the ,united ,states within #a year after filing a petition under section #bjd;,a1 the alien is eligible for-- 7i7 #e points for a salary of at least #bej percent1 but less than #cjj percent1 of the median wage in the ,state in which the alien will be employed2 7ii7 #aj points for a salary of at least #cjj percent1 but less than #djj percent1 of the median wage in the ,state in which the alien will be employed2 7iii7 #bj points for a salary of at least #djj percent1 but less than #ejj percent1 of the median wage in the ,state in which the alien will be employed2 or 7iv7 #ce points for a salary of at least #ejj percent of the median wage in the ,state in which the alien will be employed4 7,b7 ,college degree ,if the alien is expected to receive a bachelor's1 master's1 professional1 or doctoral degree1 or a doctorate of medicine1 from an institution of higher education in the ,united ,states within #a year after filing a petition under section #bjd;,a1 the alien is eligible for-- 7i7 #e points for a salary of at least #bjj percent1 but less than #bej percent1 of the median wage in the ,state in which the alien will be employed2 7ii7 #aj points for a salary of at least #bej percent1 but less than #cej percent1 of the median wage in the ,state in which the alien will be employed2 7iii7 #bj points for a salary of at least #cej percent1 but less than #dej percent1 of the median wage in the ,state in which the alien will be employed2 or 7iv7 #ce points for a salary of at least #dej percent of the median wage in the ,state in which the alien will be employed4 7#b7 ,extraordinary achievement ,an alien is eligible for-- 7,a7 #aj points if1 during the #h-year period immediately preceding the filing of the petition1 the alien earned an individual ,olympic medal2 7,b7 #be points for having extraordinary ability in the sciences1 arts1 education1 or business1 which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation2 or 7,c7 #gj points for being a ,nobel ,laureate in a field of scientific or social scientific study4 7#c7 ,education ,an alien is eligible for-- 7,a7 #c points for a degree from a recognized postsecondary credential 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb771 including a certificate of completion of an apprenticeship 7including an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq4772 7,b7 #d points for a bachelor's or master's degree from a foreign institution of higher education that is comparable to a ,united ,states institution of higher education2 7,c7 #e points for a bachelor's or master's degree from a ,united ,states institution of higher education1 if the alien took all the required courses for such degree1 including any courses taken by correspondence1 telecommunications1 or distance education1 while physically present in the ,united ,states2 7,d7 #f points for a professional degree from a foreign institution of higher education that is comparable to a ,united ,states institution of higher education2 7,e7 #g points for a professional degree from a ,united ,states institution of higher education1 if the alien took all the required courses for such degree1 including any courses taken by correspondence1 telecommunications1 or distance education1 while physically present in the ,united ,states2 7,f7 #h points for a bachelor's or master's degree in a field of science1 technology1 engineering1 or mathematics from a foreign institution of higher education that is comparable to a ,united ,states institution of higher education2 7,g7 #i points for a bachelor's degree in a field of science1 technology1 engineering1 or mathematics from a ,united ,states institution of higher education1 if the alien took all the courses for such degree1 including any courses taken by correspondence1 telecommunications1 or distance education1 while physically present in the ,united ,states2 7,h7 #bj points for a master's degree in a field of science1 technology1 engineering1 or mathematics from a ,united ,states doctoral institution of higher education1 if the alien took all the required courses for such degree1 including all courses taken by correspondence1 telecommunications1 or distance education1 while physically present in the ,united ,states2 7,i7 #bj points for a doctoral degree from a foreign institution of higher education that is comparable to a ,united ,states institution of higher education2 7,j7 #bc points for a doctoral degree from a ,united ,states institution of higher education1 if the alien took all the required courses for such degree1 including all courses taken by correspondence1 telecommunications1 or distance education1 while physically present in the ,united ,states2 7,k7 #cj points for a doctoral degree in a field of science1 technology1 engineering1 or mathematics from a foreign institution of higher education that is comparable to a ,united ,states institution of higher education1 or a doctorate of medicine from a foreign graduate medical school that is comparable to a graduate medical school at a ,united ,states institution of higher education2 or 7,l7 #ce points for a doctoral degree in a field of science1 technology1 engineering1 or mathematics from a ,united ,states institution of higher education1 or a doctorate of medicine from a graduate medical school at a ,united ,states institution of higher education1 if the alien took all the required courses for such degree1 including all courses taken by correspondence1 telecommunications1 or distance education1 while physically present in the ,united ,states4 7#d7 ,english language proficiency ,an alien is eligible for-- 7,a7 #b points for an ,english language proficiency test ranking within the #fth decile2 7,b7 #c points for an ,english language proficiency test ranking within the #gth decile2 7,c7 #d points for an ,english language proficiency test ranking within the #hth decile2 7,d7 #g points for an ,english language proficiency test ranking within the #ith decile2 or 7,e7 #h points for a ,english language proficiency test ranking within the #ajth decile4 7#e7 ,military service ,except for aliens eligible for naturalization under section #cbi1 an alien is eligible for #f points-- 7,a7 for service of not less than #c years as a member of the ,selected ,reserve of the ,ready ,reserve or in an active-duty status in the military1 air1 or naval forces of the ,united ,states2 and 7,b7 if separated from such service1 was separated under honorable conditions4 7#f7 ,age ,an alien is eligible1 based on his or her age on the date on which the ,secretary selects aliens for points-based immigrant visas1 for-- 7,a7 #b points for being at least #cf years of age and younger than #de years of age2 or 7,b7 #f points for being at least #ah years of age and younger than #cf years of age4 7b7 ,definitions ,in this section3 7#a7 ,english language proficiency test ,the term ,english language proficiency test means a test to measure ,english language proficiency that1 as determined by the ,secretary of ,homeland ,security-- 7,a7 requires test takers to demonstrate their ability to use ,english to communicate through the language skills of reading1 listening1 speaking1 and writing and utilizing test tasks that require the integrated application of #b or more such language skills2 7,b7 utilizes robust internet security protocols2 7,c7 verifies test takers' identity2 and 7,d7 prohibits the individuals scoring such tests from knowing or having met the individuals whose tests they are scoring4 7#b7 ,english language proficiency test ranking ,the term ,english language proficiency test ranking means the decile ranking of the applicant's ,english language proficiency test score1 when compared with all other persons who took the same test during the same period4 7#c7 ,field of science1 technology1 engineering1 or mathematics ,the term field of science1 technology1 engineering1 or mathematics means a field included in the ,national ,center for ,education ,statistics' #bjbj ,classification of ,instructional ,programs taxonomy within the series #aa 7computer and information sciences71 #ad 7engineering71 #bf 7biology and biomedical sciences71 #bg 7mathematics71 #dj 7physical sciences71 #de4jgja-4jgii 7geography71 #ea4jdja-4jeii 7dentistry71 #ea4abja-4adii 7medicine71 #ea4chja-4chii 7nursing71 #fj 7oral and maxillofacial surgery residency programs71 and #fa 7medical residency_/fellowship programs74 7#d7 ,united ,states doctoral institution of higher education ,the term ,united ,states doctoral institution of higher education means an institution that is-- 7,a7 a ,united ,states institution of higher education2 and 7,b7 classified by-- 7i7 the ,carnegie ,foundation for the ,advancement of ,teaching and the ,american ,council on ,education on ,february #ac1 #bjbe1 as a very high research spending and doctorate production institution of higher education or as a high research spending and doctorate production institution of higher education2 or 7ii7 the ,national ,science ,foundation as having equivalent research spending and doctorate production to an institution of higher education described in clause 7i74 7#e7 ,united ,states institution of higher education ,the term ,united ,states institution of higher education has the meaning given the term institution of higher education in section #ajb7;a77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a77#a771 except that such term does not include an institution outside the ,united ,states described in subparagraph 7,c7 of such section4 4 7e7 ,technical and conforming amendments 7#a7 ,immigration and ,nationality ,act ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7,a7 in section #bjb 7#h ,u4,s4,c4 #aaeb7-- 7i7 in subsection 7a7-- 7,i7 in paragraph 7#b71 by amending the paragraph heading to read as follows3 ,per country levels for nuclear family immigrants1 points-based immigrants1 religious workers1 and other special immigrants2 and 7,,ii7 in paragraph 7#e7-- 7aa7 in the paragraph heading1 by striking ,employment-based and inserting ,points-based immigrants1 religious workers1 and other special2 and 7bb7 in subparagraph 7,a7-- 7,,aa7 in the subparagraph heading1 by striking ,employment-based and inserting ,points-based immigrants1 religious workers1 and other special2 7,,bb7 by striking paragraph 7#a71 7#b71 7#c71 7#d71 or 7#e7 of section #bjc7;b7 and inserting subsection 7b7 or 7c7 of section #bjc2 and 7,,cc7 by striking under that paragraph and inserting under such subsection2 7,b7 in section #bjd7;a77#a7 7#h ,u4,s4,c4 #aaed7;a77#a77-- 7i7 by striking subparagraphs 7,e71 7,f71 and 7,h72 7ii7 by redesignating subparagraphs 7,g71 7,i71 7,j71 7,k71 and 7,l7 as subparagraphs 7,e71 7,f71 7,g71 7,h71 and 7,i71 respectively2 7iii7 in subparagraph 7,e77i71 as redesignated1 by striking section #bjc7;b77#d7 and inserting section #bjc7;c72 7iv7 in subparagraph 7,f71 as redesignated1 by moving clause 7iv7 #f ems to the left2 and 7v7 by moving subparagraph 7,i71 as redesignated1 #d ems to the left2 7,c7 in section #bji 7#h ,u4,s4,c4 #aaei7-- 7i7 in subsection 7a77#b71 by inserting 1 and who has signed the attestation described in section #bbj;,b1 after alien's inspection and examination2 and 7ii7 in subsection 7b7-- 7,i7 in each of paragraphs 7#a7 through 7#c71 by striking the comma at the end and inserting a semicolon2 7,,ii7 in paragraph 7#d71 by striking 1 and and inserting a semicolon2 7,,iii7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7,,iv7 by adding at the end the following3 7#f7 has signed the attestation described in section #bbj;,b4 2 7,d7 in section #bab7;a77#d7 7#h ,u4,s4,c4 #aahb7;a77#d771 by amending subparagraph 7,d7 to read as follows3 7,d7 ,certain points-based immigrants ,any alien who seeks admission or adjustment of status under a visa issued pursuant to section #bjc7;b7 while relying on a bona fide offer of employment by a relative of the alien 7or by an entity in which such relative has a significant ownership interest7 is inadmissible under this paragraph unless such relative has executed an affidavit of support described in section #bac;,a with respect to such alien4 2 7,e7 in section #bac;,a7f7 7#h ,u4,s4,c4 #aahc;a7f77-- 7i7 in paragraph 7#d7-- 7,i7 in the paragraph heading1 by striking employment-based and inserting points-based2 and 7,,ii7 by amending subparagraph 7,a7 to read as follows3 7,a7 who does not meet the requirement under paragraph 7#a77;,d71 but has made a bona fide offer of employment1 or has a significant ownership interest in an entity that made a bona fide offer of employment1 to an alien who filed a classification petition as a points-based immigrant under section #bjc7;b7 and is a relative of such alien2 and 2 and 7ii7 in paragraph 7#e77;,a71 by striking employment-based and inserting points-based2 7,f7 in section #bde 7#h ,u4,s4,c4 #abee7-- 7i7 in subsection 7c7-- 7,i7 by striking to 7#a7 an alien and inserting the following3 8to-- 7#a7 an alien 2 7,,ii7 in paragraph 7#b71 by striking 7#b7 subject to subsection 7k71 an alien and inserting the following3 7#b7 an alien 2 7,,iii7 in paragraph 7#c71 by striking 7#c7 any alien and inserting the following3 7#c7 any alien 2 7,,iv7 in paragraph 7#d71 by striking 7#d7 an alien and inserting the following3 7#d7 an alien 2 7,v7 in paragraph 7#e71 by striking 7#e7 an alien and inserting the following3 7#e7 an alien 2 7,,vi7 in paragraph 7#f71 by striking 7#f7 an alien and inserting the following3 7#f7 an alien 2 7,,vii7 in paragraph 7#g71 by striking 7#g7 any alien and inserting the following3 7#g7 any alien 2 and 7,,viii7 in paragraph 7#h71 by striking 7#h7 any alien and inserting the following3 7#h7 any alien 2 7ii7 by striking subsection 7k72 7iii7 by redesignating subsections 7l71 7m71 and 7n7 as subsections 7k71 7l71 and 7m71 respectively2 and 7iv7 by adding at the end the following3 7n7 ,an alien may not have his or her status adjusted under subsection 7a7 unless such alien has signed an attestation described in section #bbj;,b4 2 and 7,g7 in section #bhf7u77#b7 7#h ,u4,s4,c4 #acef7u77#b771 by amending subparagraph 7,b7 to read as follows3 7,b7 points-based1 religious worker1 and other special immigrant petitions filed by or on behalf of aliens described in subsection 7b7 or 7c7 of section #bjc2 4 7#b7 ,,eb-#e ,reform and ,integrity ,act of #bjbb ,section #ajg of the ,,eb-#e ,reform and ,integrity ,act of #bjbb 7division ,,bb of ,public ,law #aag-ajc2 #h ,u4,s4,c4 #aaec;a7 is repealed4 7f7 ,effective date2 applicability 7#a7 ,effective date 7,a7 ,in general ,except as provided in subparagraph 7,b7 and paragraph 7#c71 the amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this ,act4 7,b7 ,exceptions 7i7 ,the amendment made by subsection 7e77#a77;,c77i7 shall apply to all aliens inspected and examined on or after the date of the enactment of this ,act4 7ii7 ,the amendments made by subparagraphs 7,c77ii7 and 7,e77ii7 of subsection 7e77#a7 shall apply to all aliens whose status is to be adjusted on or after such date of enactment4 7#b7 ,invalidity of certain petitions and applications 7,a7 ,in general ,a person may not file1 and the ,secretary of ,homeland ,security and the ,secretary of ,state may not accept1 adjudicate1 or approve any petitions under section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 filed on or after the effective date under paragraph 7#a7 seeking classification of an alien under paragraph 7#a71 7#b71 7#c71 or 7#e7 of section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 7as in effect on the date immediately preceding such effective date74 ,any applications for adjustment of status or immigrant visas based on such petitions shall be rejected1 denied1 or invalidated4 7,b7 ,pending petitions ,the ,secretary of ,homeland ,security and the ,secretary of ,state may not adjudicate or approve any petitions under section #bjd of the ,immigration and ,nationality ,act that are pending as of the effective date under paragraph 7#a7 and are seeking classification of aliens under paragraph 7#a71 7#b71 7#c71 or 7#e7 of section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 7as in effect on the date immediately preceding such effective date74 ,any applications for adjustment of status or immigrant visas based on such petitions pending on such effective date shall be rejected1 denied1 or invalidated4 7#c7 ,applicability to waitlisted employment-based beneficiaries 7,a7 ,in general ,aliens who are beneficiaries of a petition under paragraph 7#a71 7#b71 7#c71 or 7#e7 of section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b771 as in effect on the date immediately preceding the effective date under paragraph 7#a71 that was approved before such effective date may be issued visas pursuant to the applicable paragraph in accordance with the availability of visas under subparagraph 7,b74 7,b7 ,availability of visas ,a visa may be issued to any alien who is a beneficiary of an approved petition under any paragraph referred to in subparagraph 7,a7 until the number of visas allocated to aliens under the applicable paragraph for the fiscal year in which this ,act was enacted have been issued4 ,when all of the available visas described in the previous sentence have been issued for a paragraph referred to in subparagraph 7,a71 no additional visas may be issued for the visa category authorized under the applicable paragraph4 #f4 ,conditional permanent resident status for certain immigrants1 spouses1 and children 7a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by inserting after section #baf;,a 7#h ,u4,s4,c4 #aahf;a7 the following3 #baf;,b4 ,conditional permanent resident status for points-based immigrants1 spouses1 and children 7a7 ,definitions ,in this section3 7#a7 ,alien spouse2 alien child ,the terms alien spouse and alien child mean an alien who obtains the status of an alien lawfully admitted for permanent residence 7whether on a conditional basis or otherwise7 by virtue of being the spouse or child1 respectively1 of a points-based immigrant4 7#b7 ,means-tested public benefit ,the term means-tested public benefit means a public benefit 7including cash1 medical1 housing1 and food assistance and social services7 from the ,federal ,government or from a ,state or political subdivision of a ,state in which the eligibility of an individual1 household1 or family eligibility unit for benefits1 the amount of such benefits1 or both are determined on the basis of income1 resources1 or financial need of the individual1 household1 or family eligibility unit4 7#c7 ,points-based immigrant ,the term points-based immigrant means an alien who has obtained the status of an alien lawfully admitted for permanent residence on a conditional basis under section #bjc7;b74 7b7 ,in general 7#a7 ,conditional basis for status ,a points-based immigrant1 alien spouse1 and alien child shall be considered1 at the time of obtaining status as an alien lawfully admitted for permanent residence1 to have obtained such status on a conditional basis subject to the requirements under this section4 7#b7 ,notice of requirements 7,a7 ,at the time of obtaining permanent residence ,at the time a points-based immigrant1 alien spouse1 or alien child is granted permanent resident status on a conditional basis1 the ,secretary of ,homeland ,security shall notify such alien of the requirements under this section1 including the requirements under subsection 7d7 for removing the conditional basis of such status4 7,b7 ,removal of conditions ,not later than #ij days before the date that is #b years after the date on which a points-based immigrant1 alien spouse1 or alien child is granted permanent resident status on a conditional basis1 the ,secretary of ,homeland ,security shall notify such alien of the requirements for the removal of the conditional basis of such status described in subsection 7d77#a74 7,c7 ,effect of failure to provide notice ,failure by the ,secretary of ,homeland ,security to provide the notice required under this paragraph shall not affect the authority of the ,secretary to enforce this section4 7c7 ,termination of permanent resident status for failing ,to fulfill requirements 7#a7 ,in general ,if1 at any time before the date that is #b years after the date on which a points-based immigrant is granted permanent resident status on a conditional basis1 the ,secretary of ,homeland ,security determines that such immigrant is an alien described in paragraph 7#b71 the ,secretary shall-- 7,a7 subject to paragraph 7#c71 terminate the conditional permanent resident status of-- 7i7 such immigrant2 7ii7 the alien spouse of such immigrant2 and 7iii7 each alien child of such immigrant2 and 7,b7 notify each such alien of such termination4 7#b7 ,alien described ,an alien described in this paragraph is a points-based immigrant who-- 7,a7 has not complied with his or her attestation under section #bjd;,a7a77#b77;,a72 7,b7 has been convicted of #a or more offenses for which such alien has been sentenced to an aggregate term of imprisonment of more than #a year2 7,c7 has received a means-tested public benefit2 or 7,d7 is not employed in-- 7i7 the job for which the employer of the alien made a bona fide job offer described in section #bjd;,a7a77#b77;,b72 or 7ii7 another job for the same employer1 or a new employer1 for which the immigrant is compensated at a salary that is equivalent to or higher than the salary of the job for which the alien received such bona fide job offer4 7#c7 ,hearing in removal proceedings 7,a7 ,in general ,an alien whose permanent resident status on a conditional basis is terminated pursuant to paragraph 7#a7 may request1 while in removal proceedings1 a review of the determination upon which such termination is based4 7,b7 ,burden of proof ,in any review under subparagraph 7,a71 the burden of proof shall be on the ,secretary of ,homeland ,security to establish1 by a preponderance of the evidence1 that the alien concerned is an alien described in paragraph 7#b74 7d7 ,requirement of timely petition and interview for removal of condition 7#a7 ,in general ,the conditional basis established under subsection 7b7 for a points-based immigrant1 alien spouse1 or alien child may be removed if-- 7,a7 the points-based immigrant1 during the #ij-;day period ending on the date that is #b years after the date on which the points-based immigrant was granted permanent resident status on a conditional basis1 submits a petition to the ,secretary of ,homeland ,security that-- 7i7 requests the removal of such conditional basis2 and 7ii7 states1 under penalty of perjury1 the facts and information described in subsection 7e77#a72 and 7,b7 in accordance with subsection 7e77#c71 the points-based immigrant appears for a personal interview before an officer or employee of the ,department of ,homeland ,security respecting the facts and information described in subsection 7e77#a74 7#b7 ,termination of permanent resident status for failure to file petition or have personal interview 7,a7 ,in general ,the ,secretary of ,homeland ,security shall terminate the permanent resident status of a points-based immigrant 7and such status of the immigrant's spouse and children obtained on a conditional basis under this section or section #baf7 on the date that is #b years after the date on which such alien was lawfully admitted for permanent residence if-- 7i7 no petition is filed with respect to such alien in accordance with paragraph 7#a77;,a72 or 7ii7 the alien fails to appear at an interview described in paragraph 7#a77;,b7 and required under subsection 7e77#c71 unless the alien shows good cause for such nonappearance4 7,b7 ,hearing in removal proceedings ,in any removal proceeding concerning an alien whose permanent resident status is terminated under subparagraph 7,a71 the burden of proof shall be on the alien to establish compliance with the requirement under subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7#c7 ,determination after petition and interview 7,a7 ,in general ,not later than #ij days after the later of the date on which a points-based immigrant files a petition pursuant to paragraph 7#a77;,a7 and the date on which such alien is interviewed pursuant to paragraph 7#a77;,b71 the ,secretary of ,homeland ,security shall determine whether the facts and information described in subsection 7e77#a7 and alleged in the petition are true4 7,b7 ,removal of conditional basis ,if the ,secretary determines the facts and information contained in a petition submitted pursuant to paragraph 7#a77;,a7 are true1 the ,secretary shall-- 7i7 notify the alien involved of such determination2 and 7ii7 remove the conditional basis of the alien's status effective as of the date that is #b years after the date on which such alien was lawfully admitted for permanent residence4 7,c7 ,termination if adverse determination ,if the ,secretary determines the facts and information alleged in the petition are not true1 the ,secretary shall-- 7i7 notify the alien involved of such determination2 and 7ii7 subject to subparagraph 7,d71 terminate the permanent resident status of the points-based immigrant1 alien spouse1 and alien child as of the date of such determination4 7,d7 ,hearing in removal proceeding ,any alien whose permanent resident status is terminated pursuant to subparagraph 7,c7 may request a review of such determination in a proceeding to remove the alien4 ,in such proceeding1 the burden of proof shall be on the ,secretary to establish1 by a preponderance of the evidence1 that the facts and information described in subsection 7e77#a7 and alleged in the petition are not true4 7e7 ,detail of petition and interview 7#a7 ,content of petition ,each petition submitted pursuant to subsection 7d77#a77;,a7 shall contain facts and information demonstrating the alien is not described in any of subparagraphs 7,a7 through 7,d7 of subsection 7c77#b74 7#b7 ,period for filing petition 7,a7 ,ninety-day period before second anniversary ,except as provided in subparagraph 7,b71 a petition shall be filed pursuant to subsection 7d77#a77;,a7 during the #ij-;day period ending on the date that is #b years after the date on which the points-based immigrant was lawfully admitted for permanent residence4 7,b7 ,late petitions for good cause shown ,a petition required under subsection 7d77#a77;,a7 may be considered if filed after the date referred to in subparagraph 7,a7 if the points-based immigrant establishes1 to the satisfaction of the ,secretary of ,homeland ,security1 good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph 7,a74 7,c7 ,filing of petitions during removal ,the ,secretary of ,homeland ,security may stay removal proceedings against an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph 7,a7 pending the filing of a petition pursuant to subparagraph 7,b74 7#c7 ,personal interview ,the interview required under subsection 7d77#a77;,b7 shall be conducted not later than #ij days after the date on which a petition is submitted pursuant to subsection 7d77#a77;,a7 at a local office of the ,department of ,homeland ,security that has been designated by the ,secretary of ,homeland ,security and is convenient to the parties involved4 7f7 ,treatment of period for purposes of naturalization ,for purposes of title ,,iii1 an alien granted lawful permanent resident status on a conditional basis shall be considered to have been admitted to the ,united ,states1 and to be present in the ,united ,states1 as an alien lawfully admitted for permanent residence4 4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #baf;,a the following3 ,sec4 #baf;,b4 ,conditional permanent resident status for points-based immigrants1 spouses1 and children4 4 #g4 ,protection of ,united ,states taxpayers and college students 7a7 ,national policy 7#a7 ,in general ,section #djj of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7,public ,law #ajd-aic2 #h ,u4,s4,c4 #afja7 is amended-- 7,a7 in the section heading1 by striking welfare and inserting public benefits2 7,b7 in the matter preceding paragraph 7#a71 by striking ,the ,congress and inserting the following3 7a7 ,statement of national policy concerning welfare and immigration ,congress 2 and 7,c7 by adding at the end the following3 7b7 ,statement of national policy concerning public education and immigration 7#a7 ,findings ,congress finds that the right to a free public education for aliens who are not lawfully admitted for permanent residence-- 7,a7 creates a significant burden on the budgets of ,states and local governments by depleting their limited educational resources2 and 7,b7 promotes violations of the immigration laws inconsistent with ,federal law and policy4 7#b7 ,defined term ,in this subsection1 the term lawfully admitted for permanent residence has the meaning given such term in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj774 7#c7 ,policy ,it is the policy of the ,united ,states that-- 7,a7 aliens who are not lawfully admitted for permanent residence should not be entitled to public education benefits in the same manner as ,united ,states citizens and aliens who are lawfully admitted for permanent residence2 and 7,b7 ,states should not be obligated to provide public education benefits to aliens who are not lawfully admitted for permanent residence4 4 7b7 ,limitation on eligibility for preferential treatment of certain aliens for higher education benefits 7#a7 ,in general ,section #eje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #afbc7 is amended to read as follows3 #eje4 ,limitation on eligibility for preferential treatment of certain aliens for higher education benefits 7a7 ,definitions ,in this section3 7#a7 ,lawfully admitted for permanent residence ,the term lawfully admitted for permanent residence has the meaning given such term in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj774 7#b7 ,postsecondary educational institution ,the term postsecondary educational institution has the meaning given the term institution of higher education in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7b7 ,in general ,notwithstanding any other provision of law-- 7#a7 any alien who is not lawfully admitted for permanent residence shall be required to pay to the postsecondary educational institution at which such alien is enrolled not less than the amount of tuition1 fees1 and other costs charged to any student carrying the same academic workload who is not a resident of the ,state or political subdivision in which that institution is located2 and 7#b7 no citizen or national of the ,united ,states may be charged a higher amount of tuition1 fees1 or other costs as a student carrying the same academic workload than the amount of such tuition1 fees1 and other costs charged to an alien who is not lawfully admitted for permanent residence1 with such tuition1 fees1 and costs determined net of any discounts or benefits provided by any level of government or by the postsecondary educational institution4 7c7 ,applicability ,this section shall apply to all tuition1 fees1 and other costs paid by students on or after the date of the enactment of the ,americans ,first ,immigration ,act to attend any postsecondary educational institution4 7d7 ,penalties ,the ,secretary of ,homeland ,security may not approve a postsecondary educational institution that is in violation of subsection 7b7 for any student seeking to enter the ,united ,states for the purpose of pursuing a full course of study at that institution under clause 7i7 or 7iii7 of section #aja7;a77#ae77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77 for a period of #e years4 4 7#b7 ,clerical amendment ,the table of contents for the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,public ,law #ajd-bjh2 #aaj ,stat4 #cjji-edf7 is amended by striking the item relating to section #eje and inserting the following3 ,sec4 #eje4 ,limitation on eligibility for preferential treatment of certain aliens for higher education benefits4 4 7#c7 ,technical amendments ,section #aja7;a77#ae77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77 is amended by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security4 7c7 ,effective date2 applicability 7#a7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 7#b7 ,applicability ,the amendment made by subsection 7b77#a7 shall apply to all tuition1 fees1 and other costs paid by students on or after the date of the enactment of this ,act to any postsecondary educational institution 7as defined in such amendment74