Section by Section Summary of the Border Security ... - Siskind, Susser

Section 2301. Merit-Based Points Track One ........................................................................... 38Section 2302. Merit-Based Track Two. ...................................................................................... 40Section 2303. Repeal of the Diversity Visa Program. ........................................................... 41Section 2304. World-Wide Levels and Recapture of Unused Immigrant Visas. ......... 41Section 2305. Reclassification of Spouses and Minor Children of Lawful PermanentResidents as Immediate Relatives. .............................................................................................. 42Section 2306. Numerical Limitations on Individual Foreign States. ............................... 43Section 2307. Allocation of Immigrant Visas. ......................................................................... 43Section 2308. V Nonimmigrant Visas ......................................................................................... 45Section 2309. Fiancée and Fiancé Child Status Protection. ............................................... 46Section 2310. Equal Treatment for All Stepchildren ............................................................. 46Section 2311. International Adoption Harmonization. ......................................................... 46Section 2312. Relief for Orphans, Widows and Widowers .................................................. 46Section 2313. Discretionary Authority With Respect to Removal, Deportation orInadmissibility of Citizen and Resident Immediate Family Members. ............................ 47Section 2314. Waivers of Inadmissibility. ................................................................................. 47Section 2315. Continuous Presence. .......................................................................................... 48Section 2316. Global Health Care Cooperation. ..................................................................... 48Section 2317. Extension and Improvement of the Iraqi Special Immigrant VisaProgram. ................................................................................................................................................ 48Section 2318. Extension and Improvement of the Afghan Special Immigrant VisaProgram. ................................................................................................................................................ 49Section 2319. Elimination of Sunsets for Certain Visa Programs. ................................... 49SUBTITLE D – Conrad State 30 and Physician Access ......................................................... 50Section 2401. Conrad State 30 Program. ................................................................................. 50Section 2402. Retaining Physicians Who Have Practiced in Medically UnderservedCommunities. ....................................................................................................................................... 50Section 2403. Employment Protections for Physicians. ....................................................... 50Section 2405. Amendments to the Procedures, Definitions, and Other ProvisionsRelated to Physician Immigration. ............................................................................................... 51SUBTITLE E – Integration ............................................................................................................... 51Section 2501. Definitions. ............................................................................................................... 51

Section 3201. Protections for Victims of Serious Violations of Labor andEmployment Law or Crime. ............................................................................................................ 58Section 3202. Employment Verification System Education Funding. ............................. 59Section 3203. Directive to the United States Sentencing Commission. ........................ 59Section 3204. Confidentiality for Victims of Crime. .............................................................. 59Subtitle C – Other Provisions ......................................................................................................... 59Section 3301. Funding. .................................................................................................................... 59Section 3302. Effective Date .......................................................................................................... 59Section 3303. Mandatory Exit System. ...................................................................................... 59Section 3304. Identity-Theft Resistant Manifest Information For Passengers, Crew,and Non-Crew Onboard Departing Aircraft and Vessels. .................................................... 60Section 3305. Profiling. .................................................................................................................... 60SUBTITLE D – Asylum and Refugee Provisions. ..................................................................... 60Section 3401. Time Limits and Efficient Adjudication of Genuine Asylum Claims. ... 60Section 3402. Refugee Family Protections. .............................................................................. 61Section 3403. Clarification on Designation of Certain Refugees ..................................... 61Section 3404. Asylum Determination Efficiency. ................................................................... 61Section 3405. Stateless Persons in the United States. ........................................................ 61Section 3406. U Visa Accessibility. .............................................................................................. 61Section 3407. Representation at Overseas Refugee Interviews. ..................................... 62Subtitle E – Shortage of Immigration Court Resources for Removal Proceedings.... 62Section 3501. Shortage of Immigration Court Personnel for Removal Proceedings.Mandates increases in the number of immigration judges. ............................................... 63Section 3502. Improving Immigration Court Efficiency and Reducing Costs byIncreasing Access to Legal Information. ................................................................................... 63Section 3503. Office of Legal Access Programs. .................................................................... 63Section 3504. Codifying Board of Immigration Appeals. .................................................... 63Section 3505. Improved Training for Immigration Judges and Board Members. ..... 63Section 3506. Improved Resources and Technology for Immigration Courts andBoard of Immigration Appeals. ..................................................................................................... 64Subtitle F – Prevention of Trafficking in Persons and Abuses Involving WorkersRecruited Abroad................................................................................................................................ 64

Section 3601. Definitions ................................................................................................................ 64Section 3602. Disclosure. ................................................................................................................ 64Section 3603. Prohibition on Discrimination. ........................................................................... 65Section 3604. Recruitment Fees. ................................................................................................. 65Section 3605. Registration. ............................................................................................................ 65Section 3606. Bonding Requirement. ......................................................................................... 65Section 3607. Maintenance of Lists. ........................................................................................... 65Section 3608. Amendment to the Immigration and Nationality Act. ............................. 66Section 3609. Responsibilities of Secretary of State. ........................................................... 66Section 3610. Enforcement Provisions. ..................................................................................... 66Section 3611. Rule of Construction............................................................................................. 67Section 3612. Regulations. ............................................................................................................. 68Subtitle G – Interior Enforcement ................................................................................................ 68Section 3701. Criminal Street Gangs ......................................................................................... 68Section 3702. Banning Habitual Drunk Drivers From the United States. ..................... 69Section 3703. Sexual Abuse of a Minor. .................................................................................... 69Section 3704. Illegal Entry. ............................................................................................................ 69Section 3706. Penalties Related to Removal. .......................................................................... 69Section 3707. Reform of Passport, Visa, and Immigration Fraud Offenses. ............... 69Section 3708. Combating Schemes to Defraud Aliens. ....................................................... 70Section 3709. Inadmissibility and Removal for Passport and Immigration FraudOffenses. ................................................................................................................................................ 70Section 3710. Directives Related to Passport and Document Fraud. ............................. 70Section 3711. Inadmissible Aliens. ............................................................................................. 70Section 3712. Organized and Abusive Human Smuggling Activities. ............................ 72Section 3713. Preventing Criminals from Renouncing Citizenship During Wartime. 72Section 3714. Diplomatic Security Service. ............................................................................. 72Section 3715. Secure Alternatives Program. ........................................................................... 72Section 3716. Oversight of Detention Facilities. .................................................................... 72Section 3717. Procedures for Bond Hearings and Filing of Notices to Appear. .......... 73

Section 3718. Sanctions for Countries that Delay or Prevent Repatriation of TheirNationals. ............................................................................................................................................... 73Section 3719. Gross Violations of Human Rights. ................................................................. 73Title IV – Reforms to Non-Immigrant Visa Programs .............................................................. 77Subtitle A – Employment-based Nonimmigrant Visas ......................................................... 77Section 4101. Market-Based H-1B Visa Limits ........................................................................ 77Section 4102. Employment Authorization For Dependents of Employment-BasedNon-Immigrants ................................................................................................................................. 78Section 4103. Eliminating Impediments to Worker Mobility .............................................. 79Section 4104. STEM Education and Training........................................................................... 79Subtitle B – H-1B Visa Fraud and Abuse Protections ........................................................... 80Chapter 1 – H-1B Employer Application Requirements ....................................................... 80Section 4211. Modification of Application Requirements. ................................................... 80Section 4212. Requirements for Admission of Non-Immigrant Nurses in HealthProfessional Shortage Areas. ......................................................................................................... 81Section 4213. New Application Requirements. ....................................................................... 81Section 4214. Application Review Requirements. .................................................................. 82CHAPTER 2 – Investigation and Disposition of Complaints Against H-1B Employers.................................................................................................................................................................. 82Section 4221. General Modification of Procedures for Investigation and Disposition................................................................................................................................................................... 82Section 4222. Investigation, Working Conditions and Penalties. .................................... 82Section 4223. Initiation of Investigations. ............................................................................... 82Section 4224. Information Sharing. ............................................................................................ 83Chapter 3 – Other Protections ....................................................................................................... 83Section 4231. Posting Available Positions Through the Department of Labor. .......... 83Section 4232. H-1B Government Authority and Requirements........................................ 83Section 4233. Requirements for Information for H-1B and L Nonimmigrants. .......... 83Section 4234. Filing Fee for H-1B Dependent Employers ................................................... 83Section 4235. Providing Premium Processing of Employment-Based Visa Petitions 84Section 4236. Technical Correction. ............................................................................................ 84Section 4237. Application. .............................................................................................................. 84

Subtitle C – L Visa Fraud and Abuse Protections ................................................................... 85Section 4301. Prohibition on Outplacement of L Non-immigrants. ................................ 85Section 4303. Cooperation with Secretary of State. ............................................................ 85Section 4304. Limitation of Employment of L Nonimmigrants. ........................................ 85Section 4305. Filing Fee for L Nonimmigrants ........................................................................ 86Section 4306. Investigation and Disposition of Complaints Against L NonimmigrantEmployers. ............................................................................................................................................ 86Section 4307. Penalties. .................................................................................................................. 86Section 4308. Prohibition on Retaliation Against L Non-Immigrants............................. 86Section 4309. Reports on L Nonimmigrants. ........................................................................... 86Section 4310. Application. .............................................................................................................. 87Section 4311. Report on L Blanket Petition Process. ............................................................ 87Subtitle D – Other Nonimmigrant Visas .................................................................................... 87Section 4401. Nonimmigrant Visas for Students ................................................................... 87Section 4402. Classification for Specialty Occupation Workers from Free TradeCountries. .............................................................................................................................................. 87Section 4403. E Visa Reform. ........................................................................................................ 88Section 4404. Other Changes to Nonimmigrant Visas......................................................... 88Section 4405. Treatment of Non-immigrants During Adjudication of Application. ... 88Section 4406. Nonimmigrant Elementary and Secondary School Students. .............. 89Section 4407. J-1 Visa Exchange Visitor Program Fee. ...................................................... 89Section 4408. F-1 Visa Fee. A $100 fee is imposed on each F-1 student admitted................................................................................................................................................................... 89Subtitle E – JOLT Act ........................................................................................................................ 91Section 4501. Short Titles. ............................................................................................................. 91Section 4502. Premium Processing. ............................................................................................ 91Section 4503. Encouraging Canadian Tourism to the United States .............................. 91Section 4504. Retiree Visa. ............................................................................................................ 91Section 4505. Incentives for Foreign Visitors Visiting the United States During LowPeak Seasons. ...................................................................................................................................... 92Section 4506. Visa Waiver Program Enhanced Security and Reform. ........................... 92Section 4507. Expediting Entry for Priority Visitors .............................................................. 92

Section 4508. Visa Processing. ..................................................................................................... 92Title IV, part 2 – H-2B visas, Guest Workers and Investor Visas ........................................ 92SUBTITLE F – Reforms to the H-2B Visa Program ................................................................. 92Section 4601. Extension of Returning Working Exemption to H-2B NumericalLimitation. ............................................................................................................................................. 92Section 4602. Other Requirements for H-2B Employers. ................................................... 92Section 4603. Non-immigrants Participating in Relief Operations. ................................. 93Section 4604. Non-immigrants Performing Maintenance on Common Carriers. ....... 94Subtitle G – W Nonimmigrant Visas ............................................................................................ 94Section 4701. Bureau of Immigration and Labor Market Research ................................ 94Section 4702. Nonimmigrant Classification for W Non-immigrants................................ 95Section 4703. Admission of W Nonimmigrant Workers. ...................................................... 95Defines various terms. ......................................................................................................................... 95SUBTITLE H – Investing in New Venture, Entrepreneurial Startups andTechnologies. ....................................................................................................................................... 96Section 4801. Nonimmigrant Invest Visas ............................................................................... 96Section 4802. INVEST Immigrant Visa. ..................................................................................... 97Section 4803. Administration and Oversight. .......................................................................... 98

Section by Section Summary of the Border Security, Economic Opportunity and ImmigrationModernization Act (including Judiciary Committee Amendments)Preliminary SectionsSection 1. Short Title; Table of Contents.The bill is called Border Security, Economic Opportunity and ImmigrationModernization Act.*****Section 2. Statement of Congressional Findings.States that Congress recognizes that the bill is intended to protect American sovereigntyand establish a coherent and just system for integrating those who seek to join Americansociety.*****Section 3. Effectiveness Date Triggers.Defines terms including- Commission – the Southern Border Security Commission- Comprehensive Southern Border Security Strategy – the strategy set by DHS toachieve and maintain effectiveness rate of 90% or higher in all high risk bordersectors.- Effective control – persistent surveillance and an effectiveness rate of 90%+- Effectiveness Rate – for a border sector, the percentage calculated by dividing thenumber of apprehensions and turn backs by the total number of illegal entries in afiscal year.- High Risk Border Sector – a border sector in which more than 30,000 people wereapprehended in the most recent fiscal year.- Southern border – the US-Mexico border- Southern Border Finance Strategy – strategy set by DHS to identify wherefencing should be deployed.Triggers1. No processing of RPI applications until DHS has submitted to Congress the Noticeof Commencement of implementation of the Comprehensive Southern BorderSecurity Strategy and the Southern Border Fencing Strategy under Section 5 ofthis bill.2. No adjustment of status of RPI immigrants may commence (except AgJobs andDREAM Act beneficiaries) until DHS, after consulting with the Comptroller General ofthe United States, submits to the President and Congress a written certification thata. The Comprehensive Southern Security Strategy has been submitted toCongress and is substantially deployed and substantially operational;b. The Southern Border Fencing Strategy has been submitted to Congress,

implemented and substantially completedc. DHS has rolled out E-Verify to all employersd. The exit system at air and sea ports of entry is operational.Adjustments may be permitted if litigation prevents any of these conditions from beingmet, the implementation of the triggers is found unconstitutional by the Supreme Courtor ten years have elapsed since the date of enactment of the bill. Note that the newmerit-based points categories don’t allow for applications by RPI beneficiaries until afterten years.The DHS Secretary is authorized to waive all legal requirements to ensure the requirementsare met. Limits review of this bill to US district courts and only constitutional aspects of thebill can be challenged.DHS actions must be challenged within 60 days after the date of the contested action ordecision. Only the Supreme Court can review such a decision.*****Leahy Amendment 4Triggers on border security expanded to all border sectors, not just “high risk”sectors. [Grassley 1]Section 3(a) of the preliminary section of the bill is amended to redefine “SouthernBorder Fencing Strategy” by expanding it to include infrastructure and technology,including at ports of entry. Right now the fencing strategy only discusses fencing.Regarding the provision waiving the legal requirements for making improvements atthe border, the requirement that DHS provide a notice in the Federal Register isexpanded to require DHS to provide an explanation for the determination. Also thewaiver in this section expires when DHS certifies that the fencing strategy issubstantially completed. [Leahy 4]Section 4. Southern Border Security Commission.If effective control of the border is not achieved in five years, a Southern Border SecurityCommission will be set up. It will be comprised of two members appointed by thePresident, two by the President pro tempore of the Senate (one from each party), two bythe Speaker of the House (one from each party), four members who are either thegovernor (or an appointee of the governor) of the four border states.The Commission shall make recommendations to the President, DHS and Congress onpolicies to achieve the border security goals in the triggers. Within six months, theCommission has to submit its report.*****Section 5. Comprehensive Southern Border Security Strategy and Southern Border FencingStrategy.

Within 180 days of passage of the bill, DHS shall prepare a strategy called theComprehensive Southern Border Security Strategy for maintaining effective controlbetween the ports of entry in all high risk border sectors along the Southern border.The strategy shall explain how the enforcement goals outlined above will be met. DHS willreport semi- annually on the implementation of the strategy.A Southern Border Fencing Strategy must be established within 180 days of passage ofthe bill. The strategy will describe where fencing, infrastructure and technology should bedeployed on the border.*****Leahy Amendment 4Adds the Senate Judiciary Committee and the House Judiciary Committee to the list ofbodies that need to get copied on the Comprehensive Southern Border SecurityStrategy and reports on the strategy required in Section 5. [Grassley 2]Section 5(b) of the preliminary section is amended to require DHS to consult with theSecretary of the Interior, the Secretary of Agriculture, States, local governments,Indian tribes, and property owners in the US to minimize the impact on theenvironment, culture, commerce and quality of life for the communities near thefencing. [Leahy 4]Section 6. Comprehensive Immigration Reform Trust Fund.$6.5 billion will be transferred to a new Treasury Department fund to finance theimplementation of this law. $100,000,000 will be appropriated for start up costs. Fees fromvarious parts of the bill’s new programs will go in to this fund.$3 billion will go to implementing the Comprehensive Southern Border Security Strategy.$2 billion will go to activities called for by the Commission described in Section 4.$1.5 billion will go for fencing.The first $7.5 billion collected from the new fees provided in the bill will go for deficitreduction.Grassley Amendment 5Amends Section 6 of the preliminary section. Requires an annual audit of theComprehensive Immigration Reform Trust Fund provided for in this section. The auditis to be conducted jointly by the Chief Financial Officer of DHS and the InspectorGeneral of DHS. The audit must be submitted to Congress and made available to thepublic. [Grassley 5]Leahy Amendment 4

*****Section 6(a)(3)(A) of the preliminary section is modified to allow the allocated moneyfor fencing to be spent on infrastructure and technology along with fencing. [Leahy 4]Section 7. Reference to the Immigration and Nationality Act.Unless otherwise, noted, references to amendments in this bill pertain to theImmigration and Nationality Act, Secretary means the DHS Secretary and Departmentmeans DHS.*****Grassley Amendment 24Section 9. Grant AccountabilityAdds a new Section 9 to the bill’s preliminary section entitled “Grant Accountability”.The new section start by defining the following terms:- Awarding entities- Nonprofit organization- Unresolved audit findingDHS’ Inspector General or the National Science Foundation Inspector General shallconduct audits of grant recipients under the bill to prevent fraud, abuse and waste bygrantees. Grant recipients found to have an unresolved auditing finding are barredfrom grant funds for two fiscal years beginning in the year after the end of the fiscalyear. And priority is given to grant applicants that have not had unresolved auditfindings in the three years before submitting an application for a grant.Nonprofits with funds in offshore accounts for the purpose of availing tax are barredfrom grants. Nonprofits are required to disclose the process for determiningcompensation of its officers, directors, trustees and keep employees.There is a limit of $25,000 that can be used from grant funds to pay for conferencesunless DHS or the NSF provide prior written authorization.The auditors are required to report annually to Congress on their work. [Grassley 24]*****************************************************************TITLE I – Border SecuritySection 1101. Definitions.The following terms are defined:- Rural, high-trafficked areas (rural areas that provide smuggling routes)- Southern border (full border between US and Mexico)- Southwest border region (area in US within 100 miles of the Southern border)

*****Section 1102. Additional US Customs and Border Protection Officers.By September 30, 2017, DHS will hire and train 3,500 new CBP officers.*****Schumer Amendment 1Amends Section 1102. Would permanently fund the advertising fund created topromote US tourism in the Travel Promotion Act of 2009. [Schumer 1]Section 1103. National Guard Support to Secure The Southern Border.A state governor, with DOD approval, can order a state’s National Guard to the border toassist CBP to perform operations as may be needed to secure the Southern border includingconstructing fencing, increasing mobile surveillance systems, deploying drones, deployingradio communications, constructing checkpoints, and providing assistance to CBP in rural,high-trafficked areas.*****Section 1104. Enhancements of Existing Border Security Operations.CBP shall increase the number of border crossing prosecutions in the Tucson Sector to up to210 prosecutions per day. CBP shall reimburse state and local law enforcement agencies forany detention costs related to this expansion. Additional judges will be appointed to handlethe additional cases. $50 million is provided for this project.FEMA shall enhance readiness on the borders through Operation Stonegarden.DHS shall construct additional Border Patrol stations in the Southwest Border region neededto provide full operational support in rural, high-trafficked areas.DHS shall enhance security of the Southwest Border region by adding permanent bases forthe Border Patrol, upgrading existing bases, and ensuring that bases stop individuals fromentering the US after crossing the Southern border.Feinstein Amendment 7Amends Section 1104 by creating a competitive grant program to allocate funds tolaw enforcement agencies for Operation Stonegarden for illegal immigration and drugsmuggling prosecutions in the Southwest Border Region.[Feinstein 7]Feinstein Amendment 10Provides for a new grant program to be added to Section 1104 that allows DHS andthe Secretary of Transportation, in consultation with the governors of on the Southernand Northern borders, to provide grants to construct transportation and supportinginfrastructure improvements at existing and new international border crossings

necessary to facilitate safe, secure and efficient cross border movement of people,motor vehicles and cars.[Feinstein 10]Feinstein Amendment 2Section 1104 is amended to add a section to provide 8 new federal district judges inthe four Southwest Border states. [Feinstein 2]*****Section 1105. Border Security on Certain Federal Land.To achieve effective control of Federal lands, DHS shall authorize CBP personnel withimmediate access to Federal lands for security activities including patrols and deployingequipment. DHS may provide training on the “natural and cultural resources” on the Federalland. DHS must prepare an environmental impact statement but that may not result in adelay in the activities required under this section. But plans can be altered based on thestatement. This section doesn’t apply to private or state land.*****Feinstein Amendment 11Amends Section 1105 to bar US Border Patrol from operating unarmed, unmannedaerial vehicles in the San Diego and El Centro Sectors except within 3 miles of theSouthern border. This doesn’t apply to maritime operations of CBP. [Feinstein 11]Section 1106. Equipment and Technology.CBP shall deploy additional surveillance systems and drones in the Southwest Boarderregion in order to have 24 hour coverage.CBP shall deploy new unarmed aircraft and helicopters along the Southern border as wellas horse patrols.*****Feinstein 8Amends Section 1106 by providing for CBP to acquire and deploy watercraft and otherequipment related to maritime border-related anti-crime activities. [Feinstein 8]Section 1107. Access to Emergency Personnel.DHS will set up a two year grant program to improve emergency communications in theSouthwest Border region. This grant will allow individuals to purchase cell phones at his orher residence in order to contact law enforcement to report illegal activities.Funds are to be appropriated for five years to help state and local law enforcement agentspurchase P25-compliant radios in order to facilitate communication with Federal authorities.*****

Section 1108. Southwest Border Region Prosecution Initiative.Provides for DOJ to reimburse state and local authorities for costs associated withprosecuting criminal cases declined by local offices of US Attorneys.*****Feinstein Amendment 9Amends Section 1108 and expands the provision providing for the reimbursement ofstate and local law enforcement officials for prosecution and pre-trial detention. Itwould now reimburse for “prosecution, pre-trial services and detention, clericalsupport, and public defenders’ services associated with the prosecution.” [Feinstein 9]Blumenthal Amendment 10This provision would also amend Section 1108 by barring the reimbursement of stateand local governments if there is reason to believe that the individual’s underlyingapprehension arose from unlawful conduct by a law enforcement official. [Blumenthal10]Section 1109. Interagency Collaboration.DOD will collaborate with DHS to identify technology used by DOD that could be used by CBPto improve security of the Southern border.*****Section 1110. SCAAP Reauthorization.Reauthorizes the State Criminal Alien Assistance Program through 2015.*****Feinstein Amendment 1Replaces Section 1110 and inserts a new language providing for federal payments tostate and local law enforcement agencies based on charges of the people arrested asopposed to the convictions obtained (which is what is in the first version of the bill).[Feinstein 1]Section 1111. Use of Force.Within 180 days after enactment, DHS shall issue policies governing the use of force byall DHS personnel that require reporting establish procedures for dealing withcomplaints about force.*****Section 1112. Training for Border Security and Immigration Enforcement Officers.

DHS shall ensure CBP, Border Patrol, ICE and agriculture agents within 100 miles of theSouthern border or at any port of entry receive appropriate training in dealing withfraudulent travel documents; civil, constitutional, human and privacy rights; the scope ofenforcement authorities; the use of force policies in Section 1111; immigration law; socialand cultural sensitivity toward border communities; the impact of border operations oncommunities; and environmental concerns.*****Section 1113. Department of Homeland Security Border Oversight Task Force.DHS will set up an independent task force to make recommendations regarding immigrationand border enforcement strategies to consider the impact on border communities. The taskforce should also make recommendations on improving collaboration with the communitiesand evaluate how agencies can protect the rights of border residents. The task force will becomprised of local officials, advocates, community members and Border Patrolrepresentatives.*****Flake Amendment1Amends Section 1113 by including private land owners on the DHS Border OversightTask Force. [Flake 1]Feinstein Amendment 6Amends Section 1113 by requiring within 90 days of enactment of the bill that DHSestablish standards to ensure that children in CBP custody are afforded adequatehealth care, nutrition, clothing, bedding, hygiene and access to phone calls to familymembers. [Feinstein 6]Section 1114. Immigration Ombudsman.The CIS Ombudsman’s duties will be expanded to cover CBP and ICE as well asUSCIS.Sessions Amendment 36Amends Section 1114. Expands Ombudsman authority by allowing the agency goprovide assistance to victims of crimes committed by aliens or violence near the USborder. [Sessions 36]Hirono Amendment 24Replaces Section 1114 regarding the Ombudsman. Requires the Ombudsman have abackground in immigration law as well as civil and human rights law.Lists functions of the Ombudsman:- Deal with complaints regarding DHS- Conduct inspections of facilities in the immigration system

- Identify areas where individuals and employers have problems dealing with DHS- To determine if an individual or employer is suffering or about to suffer a threat as aresult of the way immigration laws are administered and to intervene as necessary.- To propose changes in administrative practices at DHS to address problems- To make recommendations regarding immigration and enforcement policies at CBP,ICE and USCIS- To monitor the compliance of CBP, ICE and ICE with law, regulations and policy.The Ombudsman shall have the authority to request the Inspector General of DHS toconduct inspections, investigations and audits.CBP, ICE and USCIS shall establish procedures to provide formal responses torecommendations submitted by the Ombudsman.The Ombudsman shall provide an annual report to the Judiciary Committees of theSenate and House. [Hirono 24]*****Section 1115. Reports.DHS will submit to Congress a report detailing the effectiveness rate for each Border Patrolsector along the Northern and Southern borders, the number of miles under persistentsurveillance, the monthly wait times per passenger to cross the Southern border and theallocations at each port of entry on the Southern border.Grassley Amendment 2Section 1115 amended to add Senate Judiciary Committee and the House JudiciaryCommittee to copy list for DHS report on effectiveness of border security measuresand DOD report on interagency cooperation in various border security operations.[Grassley 2]Hirono Amendment 23Adds a new Section 1115 entitled “Protection of Family Values in Apprehension”.Defines the following terms:- apprehended individual- border- child- cooperating entity- migration deterrence programDHS and cooperating entities shall for each apprehended individual as soon aspracticable after an individual is apprehended inquire as to whether the person is aparent, legal guardian or primary caregiver of a child or traveling with a spouse orchild and ascertain whether repatriation of the apprehended individual present anyhumanitarian concern related to the individual’s physical safety.DHS shall ensure that with respect to a decision related to the repatriation or referralfor prosecution of the apprehended individual, due consideration is given to the best

interest of the child, to family unity and other public interest factors includinghumanitarian concerns related to the apprehended individual’s physical safety.Requires DHS to develop and provide training on this subject.DHS has to report to Congress within a year on the impact of migration deterrenceprograms on parents, guardians, primary caregivers of a child, individuals travelingwith a spouse or child and individuals who present humanitarian concerns related tothe apprehended individual’s physical safety.Rules will be implemented within 120 days of the enactment of the passage of the bill.[Hirono 23]*****Section 1116. Severability.If a court rules any part of this bill is unconstitutional, the remainder of the law will not beaffected.Leahy Amendment 4Section 1117. Prohibition on Land Border Crossing Fees. DHS may not impose aborder crossing fee at the Southern or Northern border or conduct a study relating tothe imposition of such a fee. [Leahy #1]Includes a new Section 1117 entitled “Rule of Construction” stating that nothing maybe construed to authorize the deployment, procurement or construction of fencingalong the Northern border. [Leahy 4]Coons Amendment 2At the end of Title I, a new Section is added entitled “Limitations on DangerousDeportation Practices.”Within a year and every 180 days thereafter, DHS must submit written certification toCongress that DHS has only deported or removed migrants through an entry or exitpoint on the Southern border during daylight hours. Exceptions are provided if there isa compelling government interest, there is an applicable local arrangement forrepatriating Mexican nationals or the migrant is not an unaccompanied minor and themigrant is deported through the same point as the place where the person wasapprehended or the person agrees to be deported in such manner after being notifiedof the intended manner of deportation or removal.Requires DHS to submit a study within a year of the Alien Transfer Exit Program.Requires the return on nonperishable belongings to the migrant that are confiscatedbefore repatriation to the extent practicable. [Coons 2]*****************************************************************TITLE II – Immigrant Visas

Subtitle A – Registration and Adjustment of Registered Provisional ImmigrantsSection 2101. Registered Provisional Immigrant Status.Creates a new Section 245B of the Immigration and Nationality Act.Section 245B(a) - After conducting national security and law enforcement clearances, DHSmay grant “registered provisional immigrant status” to an alien who has paid the requiredfee and penalty, who meets the eligibility requirements and submits an application in atimely manner (stated later).The requirements –1. Physical presence.- Been physically present in US on the date application for RPI submitted- Been physically present in the US on or before 12/31/2011- Maintained continuous physical presence in the US from 12/31/2011 untilthe date the person is granted RPI status- Absences after 12/31/2011 okay if the absences are “brief, casual and innocent”2. Grounds for ineligibilitya. Convictions for felonies in the convicting jurisdiction (other than state/localconvictions for which a key element was the alien’s immigration status)b. Aggravated felonies (as defined in the INA)c. 3 or more misdemeanor offenses for acts on 3 or more different dates(other than minor traffic offenses or state/local offenses for whichimmigration status was a key element)d. Any offense under foreign law except for purely political offenses which, ifcommitted in the US, would render the person inadmissible.e. Unlawful votingf. Any other grounds of inadmissibility except the public charge, laborcertification, and immigration violations (excluding those arrested forillegal reentries)g. Failure to attend a removal proceeding is not a ground of ineligibility unlessthe date onwhich the person failed to appear is after the date of enactment of the billh. Terrorist threatsi. People legally in the US including green card holders,asylee/refugees and nonimmigrants.j. Waivers permitted for humanitarian purposes, to ensure family unity, or ifsuch a waiver is otherwise in the public interest. But not available for manyconvicted criminal aliens, persecutors, human traffickers and moneylaunderers. Also not available for those inadmissible on security grounds,polygamy, child abductors, unlawful voters and former citizens whorenounced citizenship to avoid taxation. Also, no waivers for people whomake misrepresentations on their RPI applications.k. Convictions don’t include expungements, set asides, or their equivalent.3. People found to have previously submitted a frivolous asylum application are notbarred from RPI status. Also, failing to abide by a voluntary departure order in orderto take advantage of RPI is okay.4. Spouses and children can qualify as RPI dependents if the spouses or child isphysically present in the US on the day the principle’s RPI status is granted and also

present on 12/31/2012. They have to also meet the rest of the RPI requirementsexcept the RPI’s physical presence requirement. Divorce or death can be dealt with byreapplying for RPI even if the physical presence tests for an RPI cannot be met. Samefor a spouse or parent’s RPI status being terminated or revoked.Application process.1. Applicants apply by submitting an application during the application period. DHSwill accept applications for one year beginning on the date they publish rules inthe Federal Register. DHS can extend that period for up to 18 more months.2. All back taxes must be paid before an application can be filed. Applicants candemonstrate compliance by submitting documents determined by the TreasuryDepartment3. DHS will provide a single application process for aliens, their spouses and theirchildren.4. Interviews may be required.For aliens apprehended before or during the application period who appear “prima facie”eligible for RPI status, DHS shall provide the person a reasonable opportunity to file anapplication during the application period and may not remove the person until a finaladministrative determination is made on the RPI application.Eligibility for RPI status after departure. People who departed subject to an order ofexclusion, deportation or removal who are outside the US or who reentered after12/31/2011 without receiving DHS’s consent to reapply for admission are not eligible toapply for RPI status. DHS may waive this bar, however, if the person is the spouse or childof a US citizen or green card holder or is the parent of a child who is a citizen or permanentresident and the person can meet the physical presence requirements. Also, the waiver isavailable if the person is outside the US, was 16 or older on the date on which the alienapplied for RPI status and was present in the US for at least three years during the six yearperiod immediately prior to enactment of the new law.Suspension of Removal During Application Period. An RPI may not be detained or removedunless DHS finds that the person is or has become ineligible for RPI status or the status hasbeen revoked.Beginning on the date of enactment, if DHS determines that a person is in removal,deportation, or exclusion proceedings before an immigration judge and is prima facie eligiblefor RPI, DHS will give the person an opportunity to file for RPI status and upon a jointmotion by DHS and the alien, the judge shall Terminate proceedings and give the person achance to apply for RPI status. If EOIR discovers a person in proceedings is eligible, theyshall notify DHS and if DHS doesn’t dispute within 7 days after notification, EOIR, uponconsent of the alien, shall terminate proceedings and allow the person to apply for RPIstatus.If a person is otherwise eligible for RPI status and has been order excluded, deported orremoved or ordered to depart voluntarily, the person may apply for RPI status and if theapplication is granted, the person may file a motion to reopen the order and the motion willbe granted unless the person is otherwise ineligible.

From the point where a person files for RPI status and the date DHS makes a decision, theperson may receive advance parole status to reenter the US if “urgent humanitariancircumstances” compel travel. The person may not be removed during that period unlessDHS makes a prima facie determination that the person is ineligible for RPI status. Apending RPI applicant shall not be considered unlawfully present and not considered anunauthorized alien. RPIs and RPI applicants granted advance parole are not barred fromreadmission.DJS will provide applicants for RPI status with a receipt as soon as practical after filing.Employers who learn an employee has filed for RPI status or will apply for RPI status oncethe application period opens is not in violation of IRCA if the employer continues toemployer the person during the pending period.Security and Law Enforcement Clearances. DHS may not grant RPI status unless theapplicant submits biometric and biographic data in accordance with procedures set by DHS.The data will be used to conduct a background check. That check must be completed beforeRPI status will be granted.The initial period of RPI status will be six years unless revoked before that. Additional sixyear extensions are permitted if the person remains eligible for RPI status.RPI status may not be extended unless the person during the period of RPI status theperson was regularly employed as an RPI and has no unemployment periods greaterthan 60 days or is likely to become a public charge or the person can show income orresources of at least 100% of the Federal poverty level throughout the period ofadmission.Applicants may not be granted extensions of RPI status unless they have paid taxesduring the RPI period.People over 16 applying for RPI status or an extension of RPI status shall pay a fee to DHS.A maximum fee per family may be established. Certain classes of individuals may beexempted from the fees.A penalty of $1000 shall also be assessed on applicants over the age of 21. $500 will bedue at the time of the initial application and the remaining $500 shall be paid in periodicinstallments that shall be completed before an extension is granted.An application will be denied if the person fails to submit requested initial evidence(including biometrics) or any requested additional evidence by the date DHS determines.Denied applicants can file an amended petition if the initial application was filed during theapplication period and contained all the required information and fees that were missingfrom the initial application.DHS will provide an RPI document to each approved applicant. The document will bemachine-readable and tamper resistant and have a digitized photograph. The card will bevalid for travel and employment. The card will be valid for up to three years.Unless DHS determines that a DACA recipient has engaged in conduct making the personineligible for RPI status, DHS may grant RPI status after new background clearances areconducted.

RPI recipients are authorized to work and travel without having to obtain a visa if the personhas an unexpired RPI document (described above) or a temporary travel document issued tothe RPI if the RPI card was lost, stolen or destroyed.RPI’s may not leave for more than 180 days unless the failure to return within 180 days wasdue to extenuating circumstances beyond the person’s control.People granted RPI status shall be considered to have been admitted and lawfully present inthe US in such status as of the date the application was filed. A person granted RPI is lawfullyadmitted to the US and may not be classified as a non-immigrant as an alien who has beenlawfully admitted for permanent resident.DHS may revoke the status of an RPI at any time after providing notice to the person afterall applicable review procedures have been conducted if the person no longer is eligible forRPI status, knowingly used RPI documentation unlawfully or fraudulently, or was absentfrom the US for more than 180 days (with an extenuating circumstances exception). DHSmay request additional evidence or an interview before revoking.RPIs are not eligible for means-tested public benefits and various Obamacare benefits.SSA shall set up a system to allow for the assignment of Social Security numbers and issueSS cards to each person granted RPI status.DHS shall broadly disseminate in various languages information on RPI status.RPIs are eligible to enlist in the Armed Forces.Coons Amendment 10Amends Section 2101 on RPIs. An individual who is authorized to be employed in theUnited States may not be denied a professional, commercial, or business license onthe basis of his or her immigration status.Graham Amendment 3Amends Section 2101. DHS, in consultation with the Secretary of State and otherinteragency partners, shall conduct an additional security screening upon determiningthat an alien or his or her dependent is or was a citizen or long-term resident of aregion or country known to pose a threat or that contains groups that pose a threat tothe national security of the US.Hirono Amendment 12Amends Section 2101. Permits the entire penalty required for initial RPI status to bepaid in periodic installments that shall be completed before the alien may be grantedan extension of status. Previous version only allowed half of the required amount tobe paid in installments.Hirono Amendment 20Amends Section 2101. On the RPI application, DHS shall collect information DHSdetermines to be necessary and appropriate including an explanation of how, when

and where the alien entered the US, the country the alien resided in before enteringthe US and other demographic information specified by DHS.Extends privacy protections to data on the form.Cornyn Amendment 4Changes Section 2101’s provision allowing certain people previously removed to getRPI status if they get a waiver. Adds a new section to give notice to crime victims if awaiver is granted. If the original prosecuting agency wants to cooperate with DHS,DHS will make an effort to identify the victim and give the victim written notice thatthe alien is being considered for a waiver. The victim will be given the opportunity tooffer an opinion regarding the granting of the waiver. The amendment also states thatthe determination on the waiver may not be made solely based on the victim’sconsultation.Flake Amendment 4Amends Section 2101. After the ban on RPIs receiving federal means-tested publicbenefits a new requirement is added for HHS to conduct regular audits to ensure thatRPIs are not fraudulently receiving any public benefits. And anyone convicted offraudulently claiming such a benefit shall have their RPI status revoked.Flake Amendment 3Amends Section 2101. Requires RPIs to go through an additional background check atthe time of renewal of the RPI status.Allows RPI’s spouse/children to get derivative status if they were physically presentbefore 12/31/2012 except from brief, casual, and innocent absences. Also applies toblue card dependents. And applies to green card applications after ten years for theRPIs.*****Section 2102. Adjustment of Status of Registered Provisional Immigrants.A new INA Section 245C is granted relating to the adjustment of status of RPIs. DHS mayadjust an RPI to permanent residency if the requirements of this section are met.1. RPI status was granted.2. The applicant proves that he or she was not continuously absent from the US formore than 180 days (with an extenuating circumstances exception).3. None of the grounds of inadmissibility applicable to RPIs is applicable.4. If DHS is in the process of revoking the RPI status, DHS may not approveadjustment.5. No taxes are owing.6. The applicant was regularly employed throughout the RPI period. The 60 day,public charge or average income exceptions noted above apply here as well. Theapplicant is responsible for providing evidence of employment and SS, IRS andlocal/state tax records. Additional records like bank records, business records,employer records, union records, affidavits and school records may be submitted.

DHS may designate additional documents that can be submitted. Employment canbe with multiple employers.7. Full-time attendance at a high school, university, education, literacy or career trainingprogram or GED program can substitute for employment.8. Exceptions to the employment/education requirement available based on beingunder 21 on the date the first extension or RPI status is submitted, being over 60when the adjustment application is filed, or over 65 when the adjustment isapproved or the person has a physical or mental disability or was pregnant.Dependents are also not subject to the requirement. There is an exception as wellfor people on medical leave, maternity leave, or other leave authorized by law orwas the primary caretaker of a child or person who requires supervision or is unableto care for himself or herself or was unable to work due to circumstances outside theapplicant’s control. Finally, there is a general waiver available for those who canshow an extreme hardship to himself or a spouse, parent or child who is a US citizenor permanent resident.9. Applicants must meet the English requirements contained in Section 312 of thenaturalization rules of the INA or is enrolled in an acceptable English instructionalprogram. Satisfying the Section 312 requirement for adjustment purposes willcover the person when they apply for naturalization. An exception is available if aperson is unable to comply because of a physical or developmental disability ormental impairment. DHS may waive the requirement for those over 70 years of agewhen the application is filed.10. Applicants must submit proof of having registered for Selective Service (if required).11. Applications may not be approved until after DHS certifies that immigrant visasfiled under the family and employment categories before the enactment of the billhave been approved.12. DHS may interview RPI-based adjustment applicants.13. No RPI may adjust until new background checks are cleared.14. Fees may be charged (not clear if they would be different than other adjustmentapplicants). A maximum fee per family may be established and exempt individualsin defined classes.15. Applicants over 21 on the date the bill was introduced in the Senate (4/17/2013)shall pay a $1000 penalty. The fee may be paid in installments in a processestablished by DHS.16. APPLICANTS MAY ONLY ADJUST UNDER SECTION 2302 OF THE BILL.NaturalizationThree year post-green card residency requirement for people lawfully present in the US andeligible for work authorization for not less than ten years before becoming a lawfulpermanent resident. Must have been in US for at least 50% of the three year period and 90days in the state.This seemingly benefits all long term residents including people waiting a long time forgreen cards because of backlogs.Blumenthal Amendment 12Amends Section 2102. The bar on applying for naturalization while an RPI is amended.An alien who has served in the armed forces for at least one year and has beendischarged honorably may be naturalized.

*****Section 2103. The DREAM Act.Adds a new Section 245D to the INA to cover DREAMers.Definitions are included for the following terms- Institution of Higher Education – based on the Higher Education Act of ‘65- Secretary - DHS Secretary- Uniformed Services – Based on Section 101(a)(5) of Title 10 of the US CodeDHS may adjust status of RPIs to green cards if- The person has been an RPI for at least 5 years- Was younger than 16 on the date the person entered the US- Earned a high school diploma or obtained a GED certificate in the US- Has acquired a degree from an institution of higher education or hascompleted at least 2 years, in good standing, in a program for a bachelor’sdegree or higher degree in the US or has served in the Uniformed Services forat least 4 years and, if discharged, received an honorable discharge- Has provided a list of each secondary school that the applicant has attended inthe USDHS may adjust people not meeting the higher education/Uniformed Servicesrequirement if the applicant can demonstrate “compelling circumstances”.Must meet English requirements applicable in naturalization cases unless the person hasphysical or developmental disabilities or mental impairment.Must submit biometric and biographic data and complete a background check.DHS may develop streamlined procedures for DACA recipients.DREAMers will be considered the same as permanent residents during their RPI period forpurposes of qualifying for naturalization. So they should be able to file for naturalization assoon as they receive their green cards.NO GREEN CARD CAPS FOR ANY RPI-BASED GREEN CARD APPLICANTS (EITHER DREAM(245D) OR REGULAR (245C)).Repeals the IIRAIRA section limiting states from granting in state tuition to out of statusimmigrants. That repeal is retroactive to the date of the original IIRAIRA enactment date.*****Hirono Amendment 21Amends Section 2103. RPIs who entered the US before 16 and aliens granted bluecard status shall be eligible for certain student aide benefits including federal studentloans and work study.

Section 2104. Additional Requirements.Adds a new Section 245E to the Immigration and Nationality Act.Adds privacy protections for information provided as part of an RPI or related adjustmentapplication. DHS can share information with law enforcement, intelligence and nationalsecurity agencies as well as agencies with DHS if part of a criminal or national securityinvestigation or prosecution or to a coroner.Employers are insulated from liability for past employment of someone without status ifthey provide employment records necessary for someone to meet the RPI requirements.The protection does not apply if the employment records are deemed to be fraudulent.An appeals process will be available for 245B, 245C and 245D applicants. Only one appealmay be filed per application. Unlawful presence will not accumulate during an appealperiod. Cases may be appealed to a US District Court.*****Section 2105. Criminal Penalty.Persons who misuse information provided in an RPI application are subject to a $10,000penalty.*****Section 2106. Grant Programs to Assist Eligible Applicants.USCIS will set up a program to award grants to public and private nonprofit organizationsto assist RPI and related adjustment applicants. Up to $50,000,000 will be available for thisgrant program.*****Feinstein Amendment 13Section 2106 modification. Extends the grant program applicable to supporting RPIadjustments to blue card adjustments.Section 2107. Conforming Amendments to the Social Security Act.RPI and related green card recipients may correct their Social Security records.Also states that a “compelling reason” for a state not to file a petition to terminate parentalrights is the removal of a parent from the US or the involvement of the parent in animmigration proceeding unless the parent is unfit or unwilling to be a parent to the child.States should consider giving preference to an adult relative over a nonrelated caregiverwhen a parent is removed from the country and should coordinate with DHS to ensure thatparents who wish for their child to accompany them are given adequate time andassistance to obtain a passport and visa and to collect all vital records such as birthcertificate, health and educational records and other information.

*****Section 2108. Government Contracting and Acquisition of Real Property Interest.Gives DHS broad authority to hire the necessary personnel and acquire the necessary realestate to meet the requirements of this section.*****Section 2109. Long-Term Legal Residents of the Commonwealth of the Northern MarianaIslandsCreates a new CNMI-only green card category for long term residents of the Commonwealth.*****Section 2110. RulemakingWithin a year of enactment of the bill, DHS, DOJ and DOS shall issue interim finalregulations to implement this section of the bill which will take effect immediately uponpublication in the Federal Register.*****************************************************************Title II, part 3 – AgJobsSUBTITLE B – Agricultural Worker ProgramSection 2201. Short TitleThe bill incorporates the Agricultural Worker Program Act of 2013.*****Section 2202. Definitions.The following terms are defined:- Blue Card Status – those temporarily admitted under this program- Agricultural Employment - refers to def. in the Migrant and Seasonal AgriculturalWorker Protection Act (29 USC 1802) and includes farming, raising of livestock,bees, fur-bearing animals, or poultry and any practices (including forestry orlumbering) performed by a farmer or on a farm.- Child – Same as INA’s definition of child- Employer – includes employers, farm labor contractors and any agriculturalassociations that employs workers in agricultural employment.

*****- Qualified Designated Entity – qualified farm labor organizations designated byDHS and any other organizations DHS designates- Work Day – Any day someone is employed 5.75 hours or more in agriculturalemploymentChapter 1 – Program for Earned Status Adjustment of Agricultural WorkersSubchapter A – Blue Card StatusSection 2211. Requirements for Blue Card Status.USCIS, after conducting appropriate background checks, may grant blue card status to- anyone who performed agricultural employment in the US for not fewer than 575hours or 100 work days during the 2 year period ending on 12/31/2012.- Spouses and children of such workers- Submits an application in time (described below)- Is not ineligible for any of the grounds applicable to people in the legalizationprogram described in the new INA Section245B for RPIs.ApplicationBlue card applicants and qualifying dependents will file an application during the one yearperiod beginning on the day USCIS publishes regulations in the Federal Register. USCIS hasdiscretion to extend the period for 18 more months.A single application may be submitted for a family.Interviews may be required.Like the legalization beneficiaries, people apprehended before or during the applicationperiod will be given an opportunity to apply if they appear eligible for the program. Blue cardholders may not be detained unless DHS determines the person has become ineligible orblue card status has been revoked. People in removal proceedings can get out of them ifthey appear eligible for blue cards.During the application period, blue card holders may be eligible for advance parole, but onlyfor “urgent humanitarian circumstances.” Blue card applicants are not considered unlawfullypresent during the application period and are not considered unauthorized aliens for IRCApurposes (i.e. they can work legally).Applicants will be given a filing receipt.Employers who know their employees are applying for blue cards are not in violation ofIRCA if the employer continues to employ the employee.Departure from the US for people ordered deported but who are eligible for blue cards willnot render the person ineligible if they have advance parole or a blue card.

Applicants must provide biometrics and go through background clearances. Duration ofstatus and extension.Blue cards status will only go out eight years from the date rules are published. Extensionsare only permitted unless the applicant passes a new background clearance.Applicants over 16 will pay a processing fee. A maximum fee for a whole family may beinstituted. Applications may be denied if the applicants fail to submit requested initialevidence or fail to respond in a timely manner to a request for additional evidence. But anamended application may be submitted with the missing items.Blue card recipients will receive a machine-readable, tamper resistant document with atamper-resistant document valid for the period of admission. It serves as a work/traveldocument.Blue card holders may not leave for more than 180 days unless the failure to return within180 days was due to extenuating circumstances beyond the person’s control.DHS may revoke the status of a blue card holder at any time after providing notice to theperson after all applicable review procedures have been conducted if the person no longeris eligible for blue card status, knowingly used RPI documentation unlawfully orfraudulently, or was absent from the US for more than 180 days (with an extenuatingcircumstances exception). DHS may request additional evidence or an interview beforerevoking.Blue card holders are not eligible for means-tested public benefits and various Obamacarebenefits. Blue card holders can convert to RPI status if DHS determines they cannot meetthe work requirements applicable to blue card holders.Blue card employers must provide a written report annually on their employment of theblue card holder. A $500 penalty is due if an employer fails to report.DHS must issue a rule within a year of the date of enactment for issuing blue cards.*****Section 2212. Adjustment to Permanent Resident Status.After five years DHS may adjust blue card holders to permanent resident status if theperson- During the 8 years beginning on the date of enactment of the bill, performed 100work days of agricultural employment during each of 5 years; or- During the 5 year beginning on the date of enactment, performed 150 work daysduring each of 3 years.Spouses and children can qualify as derivatives.DHS may credit the applicant with not more than 12 additional months to meet therequirement if they inability to work was based on a medical condition.Adjustment may be denied if DHS determines the person is no longer eligible for bluecard status or failed to perform the qualifying employment noted above.

The grounds of inadmissibility that were waived for obtaining blue card status alsodon’t apply for adjustment of blue card applicants.Green card applicants must pay their taxes and document they are current.Numerical limits on green cards don’t apply to blue card applicants seeking a greencard. Interviews may be required by DHS.DHS may charge fees for adjustments but may set a family maximum and also waivethe fees in the same was as possible for RPIs.Workers are responsible documenting their work history in their adjustmentapplications.Applicants who make false or fraudulent statements in blue card and related greencard applications subject to criminal penalties.*****Section 2213. Use of Information.Beginning on the first day of the blue card application period DHS shall broadly disseminateinformation about the program.*****Section 2214. Reports on Blue Cards.Not later than 12/30/2013 and annually for the next 8 years, DHS shall submit a report toCongress on the usage of the blue card program.*****Section 2215. Authorization of Appropriations.Congress will make appropriations as necessary to implement the program for FY 2013 and2014.******Subchapter B – Correction of Social Security RecordsSection 2221. Correction of Social Security Records.Insulates blue card holders from liability for past misstatements.*****Chapter 2 – Nonimmigrant Agricultural Visa Program

Section 2231. Nonimmigrant Classification For Non-Immigrant Agricultural Workers.Creates a new W-3 visa for agricultural workers who are employed under a contract and aW-2 for at will agricultural employees.*****Section 2232. Establishment of Nonimmigrant Agricultural Worker Program.Definitions –- Agricultural employment- At-will agricultural worker- Blue card- Contract agricultural worker- Designated agricultural employer- Electronic job registry- Employer- Nonimmigrant agricultural worker- Program- Secretary- United States WorkerRequirementsOnly designated agricultural employers and nonimmigrant agricultural workers canparticipate.Limit of 112,333/year for four years. Allocated on a quarterly basis. Like the H-1B, if aW-3 or W-2 worker is counted against the cap, the next employer doesn’t have toclaim a cap number.DHS may increase or decrease the cap during the first 5 years based on shortage datasubmitted by agricultural producers and worker organizations, unemployment data,demand for blue cards, demand for W-3 and W-2 visas, and wage data. DHS may establishrules to allow for immediately adjusting numbers if there is a severe labor shortage.The factors listed above will be used by DHS to set a cap in years six and later.Requirements for W-2 and W-3 workers.

Workers are ineligible if they have violated the terms of admission as an NIV agriculturalworker in prior three years. An exception is made for contractual workers who leave or areterminated. Workers must pass background checks. People with removal orders who areoutside the US or illegally entered the US after 12/31/2012 are ineligible, but DHS maywaive this ground for spouses and children of citizens and green card holders as well as theparents of citizens and permanent residents. Also, people otherwise eligible as DREAMerswho are 16 when applying and were physically in the US for 3 of 6 years immediatelypreceding the date of the enactment are eligible for a waiver.W-2s and W-3s can get an initial 3 year period of admission and can renew for 1 additional3 year period. The worker must then leave the US for 3 months before seeking to comeagain as a W agricultural worker.Loss of status –W ag workers must leave the US if they have completed a contract with a designated agemployer and is no longer employed in agricultural employment with another ag employer.A 60 day grace period is provided for these workersW ag workers who are at-will and are not continuously employed by a designated agemployer must leave. DHS may grant a waiver for up to 60 days without status if theworker was injured or displaced by a natural disaster.Workers may leave the US for up to 60 days in any fiscal year while in W ag status and the60 day limit noted above would be tolled.Portability –Contract ag workers are portable between designated ag employers. Contractworkers who abandon a job must depart and reenter the US to pursue a new job offer andare not entitled to the 75% payment guarantee (described below).Termination by mutual agreement shall not be considered voluntary abandonment. At willag workers are free to move between designated ag employers.No derivative status for spouses and children (though they can qualify for W-2 or W-3status on their own.Employer requirements –Designated Agricultural Employer Status – employers must register for designated statusby submitting an application to DHS through the Farm Service Agency in a geographic areaor electronically directly with DHS that includes documentation that the employer isengaged in agriculture and that they need workers. DHS will include in the registration thenumber of workers the employer will need and the periods of employment authorized.Employers will be designated for three years.DHS s to provide assistance to employers, either directly or through the Farm ServiceAgency, assistance with the application process.Employers seeking workers after designation would submit an application with USCIS notlater than 45 days before the workers are needed. They must include an attestation listingthe number of workers, the number that will be on a contract and the number to beemployed at-will, the anticipated dates of employment, documentation of the contracts or

written disclosure of employment terms, information submitted to the state workforceagency and the record of US workers who have applied and the results.Portability – Once an employer has submitted a petition for W-2 and W-3 workers, a W agworker in the US can begin employment with the new employer.Recruiting –Employers must list jobs for 60 days with the local office of the state workforce agency andauthorize the posting on America’s Job Bank or something similar for 45 days. Employersmust keep records of US applicants who are eligible, able, willing and qualified for the workand must show that employment was offered to such workers if they are equally or betterqualified. Preference over W-2 and W-3 workers is also to be made for blue card workers.Employers may also hire H-2A workers if they worked for 3 of 4 years in the periodpreceding termination of the H-2A program and the employer pays the “adverse effectwage rate”.Employers may not have displaced US workers in the preceding 30 days. Employers cannotbring on W-2 andW-3 workers if there is a labor dispute in progress.Employers offering contracts must guarantee employment for the hourly equivalent of atleast 75% of the work days of the total period of employment. If a worker can’t performbecause of a disaster or other reason beyond the control of the employer, the employermay terminate the worker’s employment and the employer must pay the worker for thedays elapsed from the first work day after the arrival of the worker. The employer shouldtry to help with transferring the employee or assisting with return transportation home if atransfer does not take place.Employers are required to provide workers compensation insurance at no cost to theworker and shall provide benefits at least equal to those provided under state law forcomparable employment.Deductions from wages are only permitted if they are authorized by law or are reasonableand customary in the occupation and area of employment of the worker.Employers must provide housing that meets Federal standards for temporary labor campsor applicable local standards for rental or public accommodation housing or other similarhousing. If the employer arranges public housing, the employer shall pay the landlorddirectly. Workers who damage their housing are responsible for the reasonable cost ofrepairing the damage.Employers may also provide a “reasonable housing allowance” instead of arranging forhousing, but the employer should assist the employee in locating suitable housing. Theallowance cannot be used for housing that is owned or controlled by the employer.Contract workers can only get a housing allowance if the Governor of the state certifies toDHS that there is adequate housing available in the area of intended employment. Thecertification must be updated at least every three years. If an allowance is provided in anonmetropolitan county, the amount of the allowance must be the average fair marketrental for existing housing in nonmetropolitan counties in the state, as determined by HUDbased on a 2 bedroom unit and an assumption of 2 persons per bedroom. In metropolitancounties, the amount shall be the average fair market rental for housing in that particularmetro area for a 2 bedroom unit (2 persons per bedroom).

The housing provisions don’t apply to workers who commute in from within 50 miles from atown on the other side of the border.Employers must provide or reimburse a contract worker for the cost of transportationfrom a contract worker’s residence in the US to the worker’s place of employment. After27 months of work are completed, the designated ag employer must reimburse theemployee for the reasonable cost of the worker’s transportation and subsistence from theplace of employment to the place from which the worker came from abroad to theemployer. Travel under 100 miles need not be reimbursed.A contract worker is also entitled to transportation and subsistence reimbursement if theycompleted at least 75% of a contract for the designated employer.If a worker finds another employer, the next employer is responsible for transportationcosts.The employer is responsible for transportation costs is the worker is laid off even if 75% ofthe work is not completed.Violating employers may be subject to fines and potential debarment from theprogram for up to 3 years by DHS.Wages –Employees paid by the piece must have the payment rate specified in the job offer and beno more than those which have been normally required by other employers in thegeographic area, unless DHS approves a higher standard.Workers are divided in to the following categories for wage purposes –- First line supervisors of farming, fishing and forestry- Animal breeders- Graders and sorters, agricultural products- Agricultural equipment operateor- Farmworkers and laborers, crop, nursery and greenhouse- Farmworkers, farm, ranch and aquacultural animalsThe wage rate from FY 2014 to FY 2016 shall be the higher of the local minimum wage orspecific rates listed in the bill for these various occupations. DHS is to index an increase inthe required wage rate based on the movement of the Consumer Price Index but rangingbetween 1.5 and 2.5 percent per year. DHS may also factor in whether the amount wouldadversely affect wages paid to US workers and whether the H-2A program has depressedwages for US workers and whether the wages offered are enough to keep families over thepoverty thresholds.Equal wages, benefits and working conditions –

Employers must offer US workers no less than the same benefits, wages and workingconditions as nonimmigrant workers.Employers are not required to provide housing for similarly situated US workers.Employers must provide an attestation whether the employer is a dependent employerwith at least 60% of its workers who are not US workers.Worker protections and dispute resolution –W Ag workers entitled to the same rights as their US counterparts.W Ag workers entitled to protection under the Migrant and Seasonal Agricultural WorkerProtection Act and shall be treated like green card holders for purposes of qualifying for legalservices under the Legal Services Corporation Act on matters relating to wages, housing,transportation and other employment rights. The Federal Mediation and Conciliation Servicesshall be available to assist in resolving disputes. $500K per year is allocated to the FMCS forthis purpose.DOL has the power to investigate employers who fail to comply with the program rules. Anyaggrieved party including a bargaining representative can file a complaint within a year ofthe alleged violation. DOL can fine up to $1000 per misrepresentation violation and debaruse of W ag visas for 1 year. More serious violators can be subjected to a $5000 perviolation fine, equitable relief, and 2 years debarment. Employers violating the displacementprovisions can be hit with a $15,000 per violation fine and 3 years debarment. Themaximum civil penalty will be $90,000.DOL can assess back wages, travel and subsistence costs, housing costs, etc. for the benefitof the worker. But a worker who has filed an administrative complaint can’t simultaneouslypursue a separate civil complaint based on the same violations.The section contains whistleblower protections for complaining workers.Associations filing cases on behalf of an employer are not liable for the actions of theemployer and the employer is liable for any violations. The exception is if the association wasaware of the violations. Associations acting as employers are liable for violations unless theviolation was only known to certain members and then the fine would only be assessedagainst the complicit ones.The Department of Agriculture shall set special visa and wage rules for certain occupations:- Sheepherding and goat herding- Itinerant commercial beekeeping and pollination- Open range production of livestock- Itinerant animal sheering- Custom combining industries; and- Any other industry designated by DHS as a Special Procedures Industry

W ag workers are not eligible for need-based public assistance.DHS will develop a system to monitor the movement of W ag workers along the linesof the SEVIS system for J and F visa holders.*****Section 2233. Transition of H-2A Worker Program.The H-2A program will sunset 1 year after the effective date of regs implementing the W agworker program.*****Section 2234. Reports to Congress on Nonimmigrant Agricultural Workers.The Department of Agriculture has to submit an annual report that provides information onW ag worker admissions. DHS must submit an annual report on W ag workers violating theprogram rules who have not departed from the US.Grassley Amendment 19Creates a new Section 2244 entitle “Benefits Integrity Programs”Requires creation of a benefit fraud assessment program to monitor fraud in the newRPI, blue card, DREAM and U visa programs.*****************************************************************TITLE II – IMMIGRANT VISASSubtitle C – Future ImmigrationSection 2301. Merit-Based Points Track OneThe green card lottery provision setting the green card allocation for that eliminatedcategory is replaced with new language providing for a new points-based green cardcategory.The cap for Track One of the Merit-Based system is 120,000 per year. The number will riseif the number available in a year is less than 75% of the number of people that apply. Theincrease would be a bump up of 5% in the next fiscal year. If the demand is less than that,the number would stay the same and the increase over the prior cap provided for that yearbased on the previous year’s demand would be subtracted. The maximum cap is 250,000.The elevator provision will not kick in if the annual average unemployment rate is morethan 8.5%. There is a recapture provision which says that if the available green cardsaren’t issued, the numbers willget added to the next year.

Section 203(c) of the INA which covers the green card lottery is replaced with a newsection on Merit- based immigrants. During the first four years after enactment, the meritsystem will not be used, but the numbers allocated for the merit-based system will insteadbe added to the EB-3 category. Beginning in year five, half of the merit-based numbers willgo to applicants with the highest number of points in the new Tier 1 and half will go tothose with the highest number of points in Tier 2. Unused numbers in Tier 1 will berecaptured in the following year with 2/3 going to Tier 1 and 1/3 available to either Tier.Unused numbers in Tier 2 will be recaptured in the following year with 2/3 going to Tier 2and 1/3 available to either.Tier 1 point systemEducation – 15 points for a doctorate degree, 10 points for a master’s degree, 5 points for abachelors degree.Employment – up to 20 points available; 3 points for each year working in a zone 5occupation in the US; 2 points for each year working in a zone 4 job in the US. Zones arebased on Department of Labor’s Occupational Information Network (O*NET) classifications.Employment tied to education – if the job is related to one’s education, zone 5 jobs will getan applicant 10 points and zone 4 jobs get an applicant 8 points.Entrepreneurship – Business owners get 10 points for employing at least 2 employees in azone 4 or 5 job.High Demand Jobs – 10 points for working full time or having a full time offer in a highdemand occupation.Civic Involvement – 2 points if an applicant has attested to working a significant amount ofcommunity serviceEnglish – scoring 80+ on TOEFL or a similar test is worth 10 pointsSiblings and married sons and daughters of US citizens – Siblings of US citizens or marriedkids over 31 get 10 pointsAge – 8 points for being between 18 and 24; 6 points for being between 25 and 32; 4 pointsfor being between 33 and 37.Country of Origin – People from countries with fewer than 50,000 people given green cardsannually over the last five years get 5 points.Tier 2 point systemEmployment experience – 2 points for each year the alien has been lawfully employed in theUS (up to 20 points)Full time employment or an offer of full time employment in a high demand tier 2 job isworth 10 points and a job or job offer in a zone 1 or zone 2 job is worth 10 points.Caregiver – Working as a primary caregiver is worth 10 points.

Exceptional Employment Record – 10 points for having an “exceptional employment” recordas determined by USCIS. Factors include promotions, longevity, changes to higher skilledjobs, good safety records and increases in pay.Civic Involvement – 2 points for significant civic involvementEnglish – Score of 75 on TOEFL or equivalent is worth 10 points; 5 points for scoringbetween 54 and 75.Siblings and married sons and daughters of US citizens – Siblings of US citizens or marriedkids over 31 get 10 pointsAge – 8 points for being between 18 and 24; 6 points for being between 25 and 32; 4 pointsfor being between 33 and 37.Country of Origin – People from countries with fewer than 50,000 people given green cardsannually over the last five years get 5 points.$500 fee for visas allocated under the merit-based points system.Registered Provisional Immigrants legalized under that section of the bill can apply formerit-based green cards in Track One ten years after enactment of the bill.People with pending or approved applications in other green card categories are noteligible to apply in the merit category.Definitions –“High Demand Tier 1 Occupation” – 1 of the 5 jobs with the highest number of H-1Bapplications filed by employers in the previous fiscal year.“High Demand Tier 2 Occupation” – 1 of the 5 jobs with the highest number of positionsregistered by employers under the new W visa program in the prior fiscal year.DHS may submit to Congress proposals to modify the points system described in thissection.This section takes effect on October 1 st of the fiscal year beginning after the date ofenactment. So, for example, if the bill passed this summer, the start date would be October1, 2013. If it passed in November, the start date would be October 1, 2014.*****Hirono Amendment 11Modifies Section 2301. Mandates the Comptroller General of the US conduct a study ofthe new merit-based immigration system during the first 7 years of the system.Section 2302. Merit-Based Track Two.Beginning October 1, 2014, the following people shall be eligible for merit-based greencards under this section:

1. Employment-based immigrants with cases pending more than 5 years. From fiscalyears 2015 to 2021, 1/7 of the merit-based green cards will be allocated to theemployment-based cases.2. Family-based immigrants with cases pending more than five years for all thosewith cases pending before the bill passed or after the date of enactment for thosein the 3 rd and 4 th preference categories (siblings and adult children – this shouldhelp significantly for those who otherwise would lose out with the elimination ofmany in these categories). From fiscal years 2015 to 2021, 1/7 of the merit-basedgreen cards will be allocated to the family-based cases (excluding spouses andchildren of permanent residents as noted below).3. Long-term workers and other merit-based immigrants – those admitted in categoriesother than the W visa who have been in the US for at least ten years (the numberrises to 20 years beginning in FY 2029).Spouses and children of permanent residents are automatically converted to immediaterelatives.The allocation of visas to the family backlogs will be done in a manner consistent with theapplicants existing priority dates. Beginning in FY 2022, ½ of the available merit-basednumbers in this category are allocated to the 3 rd and 4 th preference family cases and in FY2023, an allocation will be made that’s enough to clear out that remaining backlog.Registered Provisional Immigrants legalized under that section of the bill can apply for meritbasedgreen cards under Track Two ten years after enactment of the bill.*****Section 2303. Repeal of the Diversity Visa Program.The green card lottery program is eliminated. Anyone who is processing a lottery greencard or has received notification of winning for fiscal years 2013 and 2014 shall remaineligible under the rules in effect until September 30, 2014. No more lottery green cardswill be issued beginning with FY 2015.*****Schumer Amendment 1In section 2303, allows recapture of all unused green cards through date of enactment(prior version said through 2013 fiscal year). [Schumer 1]Section 2304. World-Wide Levels and Recapture of Unused Immigrant Visas.In FY 2015, unused employment-based green cards from fiscal years 1992 to 2013 will beadded to the FY 2015 green card allocation. After FY 2015, unused employment-based greencard numbers will roll over to the following fiscal year.

In FY 2015, the unused family-based green cards from fiscal years 1992 to 2013 will beadded to the 2015 green card allocation. After FY 2015, unused family-based green cardnumbers will roll over to the following fiscal year.*****Section 2305. Reclassification of Spouses and Minor Children of Lawful Permanent Residentsas Immediate Relatives.Adds spouses and children under 21 of permanent residents to the immediate relativecategory thus enabling them to file without limit for green cards.The allocation of 23,400 for Family 1 st green cards for unmarried sons and daughtersof citizens is changed to 20% of the family quota.The second family category is converted to one for “unmarried sons and unmarrieddaughters of permanent resident aliens”. Currently, it is for spouses and unmarried childrenof green card holders, but spouses and minor children are moved to immediate relatives.The allocation for the new second preference family category is 20% of the family quota andwhatever spill down there is from the 1 st preference category.The Family 3 rd category’s allocation of 23,400 now is 20% and only accepts a spill downfrom family based 2 nd preference (currently both 1 st and 2 nd ).The 4 th family category is converted from 65,000 to 40% of worldwide family numbers andonly taking a spill down from the 3 rd preference (currently all three).There is a new section requiring the State Department to “broadly disseminate”information to the public regarding the termination of green card petitions for people whodon’t apply within a year following notification. Currently, termination happens based onmere notification by DOS. Applicants currently have a year to request reinstatement andthat will change to two years if there was “good cause.” Currently, applicants must show“circumstances beyond the alien’s control”.For children who turn 21 in the course of a parent’s processing such that they are noteligible to adjust as a minor child, the current procedure of automatically converting to anappropriate adult child family category and retaining the priority date continues and thepriority date for those whose parents had an employment-based case will be the date offiling of the labor certification, not the I-140.Allows certain green card applicants who are victims of abuse and criminal activity to fileadjustments even if green card numbers are not available.Leahy Amendment 3Intended to provide work authorization for aliens eligible for Violence Against WomenAct self-petitioning or for T or U visas while those applications are pending.

Amends Section 2305 which gives work authorization after approval. Amendmentgrants VAWA applicants EADs if no decision on their case is made within 180 days(like asylees).Inserts a new Section 3407 “Work Authorization While Applications For U and T VisasAre Pending” which also grants U and T right to an EAD if no decision on their casesmade within 180 days.*****Section 2306. Numerical Limitations on Individual Foreign States.Per country limits for employment-based cases are eliminated. Family limits rise from7 to 15%. This section takes effect one year after the bill is enacted.*****Section 2307. Allocation of Immigrant Visas.There will be a new family classification system going forward from the date of enactmentof the bill. Family 1A (currently Family 1 st ) will be for unmarried adult sons and daughtersof US citizens shall get 35% of the worldwide numbers plus numbers not used in theFamily 1B and Family 2 nd category.Family 1B (currently Family 3 rd ) is for married sons and daughters of citizens of the USunder 31 years of age at the time of filing an I-130. They are allocated up to 25% of thenumbers plus any leftover from Family 1A.Family 2 nd is for sons and daughters of green card holders (currently Family 2B) plus anynumbers not used in Family 1A.Cases will automatically convert like the current system upon marriage, divorce and death.This system will take effect on the first day of the fiscal year beginning at least 18months following enactment of the bill.For employment cases, the following groups are no longer counted in the quotas:1. Spouses and children2. EB-1 extraordinary ability applicants3. EB-1 outstanding researchers and professors4. EB-1 multinational executives or managers5. Any aliens with doctorate degrees6. Doctors who have completed their J-1 two year home residence requirement orwho have obtained a waiver based on the request of an interested state or

federal agency under INA Section 214(l) including those who completed suchservice before the enactment of the bill.EB-2 will now get 40% of the allocated visas plus leftovers from EB-5.No green card cap on EB-2s who have earned master’s or higher in science, technology,engineering or math fields from accredited US institutions of higher education, who havean offer of employment in their field and who earned the degree within five yearsimmediately prior to the initial filing of their petition.The section defines institutions that are a “United States doctoral institution of highereducation.” Moves the National Interest Waiver to a new Section 203(b)(2)(C).Physician national interest waiver changes. Clarifies that it is available to both primary careand specialists. Allows FLEX applications if supported by either a local, county or statehealth department or a federal agency. Non-FLEX applications can be filed without such arecommendation as the designation as a shortage area are considered adequate. The fiveyears of service shall include time worked in shortage locations prior to the NIW applicationand a new five year contract is not required as long as the submitted contract or affidavitcovers the balance of the time required to meet the five year obligation. New I-140applications are not required each time a physician changes work sites (as is the currentrule).Labor certifications. First, there appears to be a mistake in citation. Should be referring tothe new (2)(B)(ii) of section 203(b) which refers to those with doctoral degrees in STEMfields. Those holding doctorates are exempt from the labor certification requirement underthis section. The language refers to (2)(A)(ii) which does not exist.EB-3 will now get 40% of the allocated numbers plus any numbers leftover from EB-2.Physicians are considered to qualify for an H-1B if they have a license in any state in the USas opposed to just the state where the job is. This should facilitate physicians transferringbetween employers across state lines.The 10,000 limit for unskilled workers is eliminated and all EB-3 workers are treated thesame.EB-4 now gets 10% of the allocated employment green card numbers plus any leftovers fromEB-3.EB-5 now gets 10% of the allocated green card numbers plus any leftovers from EB-4. Thisraises the EB- 5 cap to 14,000 from 10,000.Whitehouse Amendment 4Modifies Section 2307. Expands EB-2 category to include “aliens who are members ofprofessions holding advanced degrees or prospective employees of national securityfacilities. Now includes prospective employees, in a research capacity, of Federalnational security, science, and technology laboratories, centers and agencies if theimmigrant has been lawfully present in the US for two years before employment. Thistwo year requirement can be waived if exceptional circumstances exist.

DHS may prescribe policy guidance and rules to carry out this new section including adefinition of “Federal national security, science, and technology laboratories, centersand agencies.”After a year, these employees are eligible for naturalizing without regard to theresidence requirements.Creates a new un-numbered section entitled “Conditional Permanent Resident Statusfor Certain Employment-Based Immigrants”.Employees of federal labs who get a green card on that basis will get a conditionalgreen card for two years. The conditions can be removed if the employee documentsthat he or she met the requirements noted in Section 2307. Applicants are to beinterviewed.Coons Amendment 3Creates a new section 2320 entitled “Special Immigrant Status for Certain SurvivingSpouses and Children”Adds a new special immigrant section for surviving spouses or children of anemployee of the US government killed abroad in the line of duty if the employee hadperformed faithful services for a total of 15 years, or more, and the principal officer ofthe Foreign Service establishment in his or her discretion recommends grantingspecial immigrant status and the Secretary of State approves the recommendation.This section takes effect beginning on 1/31/2013 and are retroactive.*****Section 2308. V Nonimmigrant VisasV non-immigrant visas are now available to the new Family-based 1A, 1B and 2 green cardcategories for adult married and unmarried children of citizens and permanent residents withapproved I-130s as well as siblings and married children of US citizens over 21 (based onhaving cases filed before the new law is enacted). Employment authorization is permitted forthese new V non-immigrants if they are in the new Family-based 1A, 1B and 2 categoriesbut not if they are in the old sibling and over age 30 married child categories and admissionto the US for these individuals is limited to 60 days a year on the V visa. The V visa statuswill terminate 30 days after the underlying green card or adjustment application is denied. Ifsiblings and over 30 married children enter on the V visa, they may not participate in themerit-based points green card system.V visa holders are not eligible for any means-tested public benefits as well as access tocertain sections of Obamacare.This section takes effect on the first day of the fiscal year beginning after the date ofenactment.Cornyn Amendment 8Creates a new Section 2308 entitled “Inclusion of communities adversely affected by arecommendation of the defense base closure and realignment commission as targetedemployment areas.”

Adds base closing areas to the types of locations available for EB-5 TargetedEmployment Areas*****Section 2309. Fiancée and Fiancé Child Status Protection.Now adds green card holders in to the K-1 and K-3 categories. It also changes the rule onthe admission of minors to clarify that they lock in as under 21 based on the date the K nonimmigrantpetition is filed and not just the day a green card application is filed.Changes the rule that currently requires a departure from the US in the event the marriagedoesn’t happen within three months after admission. The new language says the visa shallautomatically expire and the alien will be placed in removal proceedings. But that if themarriage takes place within 90 days, the K will automatically continue and expire after sixmonths from the marriage. The applicant is expected to file to adjust status during that sixmonth period.This section shall take effect on the first day of the first fiscal year beginning no earlier thanone year after the date of the enactment of the bill.*****Section 2310. Equal Treatment for All StepchildrenCurrent law considers stepchildren the same as biological children if the stepchild relationshipis entered in to before the age of 18. That age is raised to 21.*****Section 2311. International Adoption Harmonization.Raises the age that adoptions are considered for immigration to 18 from 16. This appliesto both adoption, orphan cases and Hague cases.*****Section 2312. Relief for Orphans, Widows and WidowersAllows widows and orphans to file immediate relative petitions to file even if the deathoccurred before enactment of the new law but there is a two year limit from the date ofenactment to make such a filing. People who were unable to file previously and who haveleft the US are eligible to be paroled to the US in order to file to adjust status to permanentresidency.People unable to complete green card processing because the qualifying relative died beforethe completion of immigrant visa processing may have an immigrant visa applicationadjudicated as if the death had not occurred. Immigrant visas issued before the deathremain valid after the death. This section applies to immediate relatives, family-sponsoredimmigrants, derivatives of employment-based immigrants and spouses and children of

efugees and asylees. If an application was terminated because of the death, the widow ororphan can seek to renew by filing a motion to reopen without paying a fee.The three year naturalization residency requirement applicable to spouses of US citizens willnow apply to widows and widowers.Waivers available to spouses and children of qualifying immigrants will now be available tosurviving widows and children as if the death had not occurred and the death of thequalifying relative shall be the “functional equivalent” of hardship in cases requiring proof ofhardship.The current requirement of an immediate relative to file a petition within two years of thequalifying relative’s death is eliminated.*****Section 2313. Discretionary Authority With Respect to Removal, Deportation or Inadmissibilityof Citizen and Resident Immediate Family Members.Gives judges the authority to halt a deportation if the judge decides that the removal wouldbe against the public interest or result in hardship to the alien’s US citizen or permanentresident parent of a child, spouse, or child or the judge decides the alien is eligible tonaturalize except that this won’t apply to people excludable for criminal, security, and othersimilar grounds.DHS has new authority to waive a ground of inadmissibility if the Secretary determines thatthe refusal of admission is against the public interest or would result in hardship to a UScitizen or permanent resident spouse, parent or child except that this won’t apply to peopleexcludable for criminal, security and other similar grounds.The current statute at 241(a)(5) is changed. Current law says that if an alien reentersillegally after having been removed or voluntarily departed, the prior order of removal isreinstated and may not be reopened or reviewed and no relief is available. That will change ifthe reentry occurred before attaining the age of 18 or reinstatement of the prior order ofremoval would not be in the public interest or would result in hardship to the alien’s UScitizen or permanent resident spouse, parent or child.*****Coons Amendment 9Amends Section 2313. Eases the INA Section 240A cancellation of removal languageby shortening the number of years one must be a green card holder from 5 to 3. Thetotal number of years of residence is reduced from 7 to 3.For non-permanent residents, the presence period is cut from 10 to 5 years.Unrelated amendment to Section 3101 regarding E-Verify. Requires DHS notify anemployer of a non-confirmation by electronic correspondence, mail, text message,telephone, or other direct communication.Section 2314. Waivers of Inadmissibility.

The 212(a)(9) three and ten year bars are altered. They will no longer apply to aliens whofile for H nonimmigrant petitions and who have earned a bachelors or higher degree from aUS institution of higher education and who entered the US initially before the age of 16.The section also broadens waiver possibilities by considering hardships to those who are theparents of US citizens or green card holders. Hardships no longer need to be “extreme.”212(a)(C)(i) which imposes a ten year bar on readmission for someone who remains in theUS for more than a year unlawfully will now get the same exceptions as in 212(a)(9)(B).212(a)(6)(C) now adds a new provision that bars admission if one has committed fraud orwillfully misrepresented a material fact when seeking to procure a visa or admission to theUS. The current permanent bar based on false claims to US citizenship is modified to excludeclaims made before the age of 18 or where the person lacked the mental competence toknowingly misrepresent a claim of US citizenship. A new waiver is available if theinadmissibility would result in extreme hardship to the alien of to the alien’s parent, spouse orchild who is a US citizen or green card holder or in the case of a VAWA self-petitioner, therewould be a significant hardship. No judicial review is permitted for such waiver applications.*****Section 2315. Continuous Presence.In cancellation of removal cases, the provision that stops the clock on counting continuousresidence when a person commits an offense under INA Section 212(a)(2) is removed.*****Section 2316. Global Health Care Cooperation.DHS will allow aliens and derivatives to reside in “candidate” countries and get credit towardnaturalization residency time if they are working as a physician or other health care worker.Candidate countries are those determined by the State Department to meet variousdevelopment criteria. Applicants must have already received a green card. This section won’ttake effect until regulations are issued and these must occur within 180 days afterenactment of the law.Physicians and other health care workers are inadmissible unless they submit an attestationthat they are not seeking to enter the US during a period when they have an obligation totheir home country. Obligation is defined to mean receiving financial assistance to defraythe costs of education or training to qualify as a physician or other health care worker inexchange for agreeing work in the alien’s country of origin or residence. Waivers arepermitted if the applicant can show the obligation was incurred by coercion, a settlementwith the home country has been reached or there are extraordinary circumstances includingundue hardship.This section takes effect after 180 days from the bill enactment.*****Section 2317. Extension and Improvement of the Iraqi Special Immigrant Visa Program.

Calls on DOS and DOD to improve the efficiency of handling these applications and toadjudicate the cases within nine months.Limits the benefit to those employed on or after 20 March 2003 for a year or more. Extendsthe benefit to those who worked for entities closely associated with the US mission in Iraqthat received US government funding.An appeal process is created for denied applicants.*****Section 2318. Extension and Improvement of the Afghan Special Immigrant Visa Program.Now applicable to those present in Afghanistan on or after 7 October 2001 for at least a yearor employed by the US government or a media or nongovernmental organizationheadquartered in the US or an organization closely linked to the US mission in Afghanistan.The benefit extends to family members. Denied cases may be appealed. There is a limit of5,000 per year for FY 2014 to 2018 plus unused numbers from 2009 to 2013. Unusednumbers will now be carried forward. Applications need to be adjudicated within 9 months.*****Hirono Amendment 1Adds a new Section 2320 entitled “Reunification of Certain Families of FilipinoVeterans of World War II”Aliens who are the sons or daughters of a citizen of the US and have a parent(regardless of whether the parent is living or dead) who was naturalized under Section405 of the 1990 Immigration Act or title III of the 1940 Immigration Act are exemptfrom green card caps.Coons Amendment 3Creates a new section 2320 entitled “Special Immigrant Status for Certain SurvivingSpouses and Children”Adds a new special immigrant section for surviving spouses or children of anemployee of the US government killed abroad in the line of duty if the employee hadperformed faithful services for a total of 15 years, or more, and the principal officer ofthe Foreign Service establishment in his or her discretion recommends grantingspecial immigrant status and the Secretary of State approves the recommendation.This section takes effect beginning on 1/31/2013 and are retroactive.Section 2319. Elimination of Sunsets for Certain Visa Programs.The EB-4 special immigrant category for religious workers who are not ministers ispermanently reauthorized. The EB-5 regional center program is permanently reauthorized.******

SUBTITLE D – Conrad State 30 and Physician AccessSection 2401. Conrad State 30 Program.Permanently reauthorizes the Conrad 30 J-1 waiver program for physicians. It was set toexpire in 2015.******Section 2402. Retaining Physicians Who Have Practiced in Medically UnderservedCommunities.Ends green card limits for physicians who do National Interest Waivers. Spouses and Childrenare included.Clarifies the NIW petitions may be filed before the date the physician completes the five yearservice obligation.*****Section 2403. Employment Protections for Physicians.The 90 day clock for beginning work in the waiver job is set at the time of getting thewaiver, finishing training or getting the work authorization, whichever is latest.Allows easier transfers to new employers within the three years. In addition to currentprovision on extenuating circumstances, the original sponsoring agency can approve or thedoctor can agree to work one additional year in an underserved area.New contract requirements calling for the specification of on-call time, specification on whopays for the malpractice coverage, listing all work locations and attesting that new oneswon’t be added without government approval and barring non-compete provisions.Provides a new 120 grace period for doctors to find new employment in the event of atermination. Section 2404. Allotment of Conrad 30 Waivers.Allows for increase in J-1 waiver slots for each state if 90% of the waivers for the country areused (states using less than 5 waivers are not factored in). Slots can be increased by 5 peryear.A new program permits academic medical centers to get three additional slots per statewithout regard to whether the location is in a shortage area.Klobuchar Amendment 5Allows physicians denied a Conrad 30 J-1 waiver because the program has filled up toget an extension of J-1 status for up to six months to pursue another waiver. Workauthorization is available once the new J-1 waiver application is submitted.The provision that provides dual intent for J-1 doctors that was inadvertently deletedin the Feinstein amendment is restored in this amendment.

******Section 2405. Amendments to the Procedures, Definitions, and Other Provisions Related toPhysician Immigration.J-1 physicians are considered dual intent.Doctors can satisfy the three year service requirement in any work status and not just H-1B.NIW cases may be approved for FLEX locations if there is support from an interested local orstate health agency or a federal agency. Regular NIW cases can be approved on the basis ofshortage designation alone without an agency’s letter.H-1B cap gap relief for doctors who train on H-1Bs at a cap exempt location and find the H-1B cap prevents them from starting work upon conclusion of their training. Their H-1B isautomatically extended until October 1 of the fiscal year and can be extended until a visanumber becomes available.Spouses and children on J-2s are not subject to INA Section 212(e)’s home residencyrequirement.*****SUBTITLE E – IntegrationSection 2501. Definitions.*****CHAPTER 1 – Citizenship and New AmericansSubchapter A – Office of Citizenship and New AmericansSection 2511. Office of Citizenship and New Americans.Renames the Office of Citizenship at USCIS to Office of Citizenship and New Americans.The office shall promote institutions and training on citizenship responsibilities for peopleinterested in becoming US citizens, coordinate immigrant integration programs across thecountry, advise DHS on integration challenges and opportunities, establish national goals forintegration, establish metrics for integration, identify integration implications of new orproposed immigration policies and serve as the liaison to states and local governments onthis subject. The section takes effect one year from enactment.*****Subtitle B – Task Force on New AmericansSection 2521. Establishment.

DHS shall establish a Task Force on New Americans within 18 months of enactment. It isintended to establish a coordinated Federal response to integration issues and advise DHS inestablishing related policies.The Task Force shall be comprised of the Secretaries of DHS, Treasury, Commerce, HHS,HUD, Transportation, Education, Labor and the Attorney General as well as the heads ofOMB, the SBA, the Domestic Policy Council and the National Economic Council. Such headscan designate a delegate.*****Chapter 2 – Public-Private PartnershipSection 2351. Establishment of United States Citizenship Foundation.USCIS is authorized to establish a United States Citizenship Foundation.*****Section 2352. Funding.The Foundation may solicit gifts and engage in coordinated work with DHS. The Foundation’spurpose is to expand citizenship preparation programs, provide direct assistance to thoseseeking RPI, green card, or naturalization, and to coordinate immigrant integration withstate and local entities.*****Section 2534. Authorized Activities.To make citizenship instruction services accessible to low-income and other underservedpermanent resident populations, develop best practices for citizenship preparation, supportcreative solutions to barriers faced by those seeking to naturalize, increase the use oftechnology in naturalization preparation, engaging receiving communities in integrationand administering a New Citizens Award Program to recognize 10 US naturalized citizensper year who have made outstanding contributions.*****Section 2535. Council of Directors.The Foundation’s structure is described.*****Section 2536. Powers.The job of the Executive Director is described.*****

Section 2537. Initial Entry, Adjustment and Citizenship Assistance Grant Program.DHS, acting through USCIS may award Initial Entry, Adjustment and Citizenship AssistanceGrants to eligible public or private, non-profit organizations. The funds will be used to assistorganizations helping with RPI, green card and naturalization applications.*****Section 2538. Pilot Program to Promote Immigrant Integration at State and Local Levels.Provides for making grants to state and local governments and other entities toestablish New Immigrant Councils to help with integration.*****Section 2539. Naturalization Ceremonies.DHS will develop a strategy to enhance the public’s awareness of naturalization ceremoniesand shall seek out outstanding and historic venues.*****Chapter 3 – Funding.Section 2541. Authorization of Appropriations.The Office of Citizenship and New Americans will receive $10,000,000 for the five yearsending September 30, 2018 and sums as necessary beyond that. Grants of $100,000,000for the five years ending in 2018 and sums as necessary beyond that.*****Chapter 4 – Reduce Barriers to Naturalization.Section 2551. Waiver of English Requirement for Senior New Americans.The English test will no longer be required for people over 65 who have been living in theUS for at least five years since becoming a permanent resident. Also, it won’t apply to thoseover 60 residing in the US for ten years. The civics exam may be waived for those over 60present for at least ten years after getting a green card.*****Section 2552. Filing of Applications Not Requiring Regular Internet Access.DHS may not mandate electronic filing of green card and citizenship applications. This sectionshall cease to be effective on 1 October 2020. After that, DHS can only mandate electronicfiling if they notify Congress at least 30 days in advance.Grassley Amendment 2

Bar on USCIS e-filing mandate is amended to say that DHS would need to notify theHouse and Senate Judiciary Committees rather than Homeland Security Committees ifthey went ahead with a mandate. [Grassley 2]*****************************************************************Title III – Interior EnforcementSubtitle A – Employment Verification SystemSection 3101. Unlawful Employment of Unauthorized Aliens.Clarifies that the statute should not be construed to prohibit the employment of a person whois authorized for employment in the US if the person was previously an unauthorized alien.Clarifies that state certification of individual referred by the state employment agency can beused to defend the employment of that worker if there is a question about the worker’sauthorization.Broadens good faith defense in I-9 investigations. Extends good faith language to E-Verify ifthe employer notes in E-Verify the reason for continuing employment despite not gettingverification. Note that employers not required to use E-Verify can use that fact as thedefense.But defense is limited if the failure to comply is not insignificant, DHS has explained to theemployer why the failure to comply is not minor, the employer was given 30 days to correctthe problem, and the problem was still not corrected. Also, “pattern or practice” violatorscannot invoke the good faith defense.After an employer is required to use E-Verify, hiring a person without running them throughE-Verify will be deemed to be knowledge that the person is unauthorized.Employers cannot deny back pay or any other remedy under the law on account of theemployee’s status as an unauthorized alien. Reinstatement and “appropriate” relief shall beavailable to people lawfully present in the US at the time relief is requested who lostemployment authorized status due to the unlawful acts of the employer and for whomreinstatement would restore such status.Definition of “employer” modified to include government agencies, but exclude employmentthat is “casual, sporadic, irregular, or intermittent”.Documents. USCIS must publish a picture of each document valid for I-9/E-Verify purposeson its web site.List of acceptable documents evidencing employment authorization: US passports, greencards, employment authorization documents, REAL ID compliant drivers licenses, foreignpassport accompanied by Form I-94, Micronesian or Marshall Islands passport with evidenceof nonimmigrant admission.List of documents establishing identity: most state drivers licenses, a document issued underthe Intelligence Reform and Terrorism Prevention Act of 2004, or, if a person is under 18, adocument DHS prescribes (including an attestation by an adult).

List of documents establishing employment authorization: social security card or any otheritem DHS determines to be secure.DHS shall develop a photo tool that enables employers to match the photo on an identitydocument to one maintained by USCIS in its databases.DHS may bar documents that are not considered secure (such as certain state driverslicenses).E-VerifyAll federal agencies must use E-Verify beginning within 90 days of the passage of the law ifthey’re not already required to do so. Federal contractors must participate consistent withthe DHS rule published in 2008.One year after issuing rules, DHS may direct employers responsible for protecting, securing,operating, etc. part of the “critical infrastructure” to use E-Verify.Within two years after regulations are published, all employers with 5000+ workers must besigned up for E-Verify.Within three years after regulations are published, all employers with more than 500 workersmust be signed up for E-Verify.Agricultural and all other employers have four years to sign up after regulations are issued.Indian tribes have an extra year.Immigration violators can be required by DHS to sign up earlier than required. And, of course,employers can still voluntarily participate.Failure to use E-Verify will be considered a civil infraction.The statute codifies much of what already exists in the rules regarding the functioning of E-Verify.The ten day limit on employers to employ workers after a non-confirmation is received canbe extended at the discretion of DHS. Workers have the right to remain employed during anappeal process. The appeals process is laid out in this section. Employees may be entitled tolost wages, compensation and attorney fees and either the employer of the federalgovernment could be ordered to pay them depending on who a judge deems responsible.$40,000,000 per year are authorized to fund advertising campaigns to make employersaware of the new requirements.Employers insulated from liability for actions taken in reliance on E-Verify.DHS is required to implement a number of measures to protect the privacy and security ofrecords in E- Verify.A new identify theft protection measure is being required that would allow individuals to lockthe use of a social security number to one employer. Also, DHS will set up a system for

handling cases when a SS# has been used multiple times or is otherwise suspected to havebeen used in identity fraud.DHS will have the authority to administer a $250,000,000 grants program to help statesdevelop REAL ID compliant drivers licenses.DHS will be required to report to Congress after 18 months on the accuracy of E-Verify andother aspects of the system.DHS’ E-Verify enforcement system is described in this section including the investigatoryauthority, the administrative process for prosecuting employers, and the penalties.The penalties (effective one year from the date of enactment of the bill)Hiring or continuing to employ unauthorized aliens - $3500 to $7500 per worker; $5000 to$15,000 per worker for people with one previous violation; $10,000 to $25,000 per workerfor 3+ violators.Failing to use E-Verify if required – to be established later by DHSRecordkeeping or verification practices - $500 to $2000 for each violation initially; $1000 to$4000 for second violations; and $2000 to $8000 for 3+ violators.Customized penalties involving cease and desist orders, compliance plans, suspendedfines, etc. also allowed. Fines can also be reduced based on a variety of factors.Liens may be placed on an employer’s property if they fail to pay penalties.Federal contractors with more than three violations can be debarred from receiving federalcontracts. After E-Verify is mandatory, DHS may require an employer certify compliance orinstitute a compliance program.New preemption provision that bars states and localities from lawmaking around employercompliance. They can still limit business licenses, however.New criminal penalties for pattern or practice violators. $10,000 fine and up to two years injail (up from $3000 and six months in jail).Employers who knowingly employ ten or more workers without authorization in a one yearperiod and violate certain labor conditions can be subject to fines and imprisonment of upto ten years.Franken Amendment 2Deals with E-Verify accuracy issues in Section 3101. Once a year before November30th, DHS’ Inspector General shall prepare a report setting forth the error rate of E-Verify from the previous fiscal year and describe the methods employed to preparethe report as well as recommendations to reduce the error rates. Error rates refer toindividuals who receive further action notices, contested such notices and were foundto be employment authorized divided by the number of total E-Verify inquiries.If the error rate is higher than .3%, civil penalties will be a maximum of $1000.[Franken 2]

Grassley Amendment 31Amends Section 3101. Requires USCIS Director to produce a weekly report withinformation about non-confirmations in E-Verify and to use such information forenforcement purposes.Coons Amendment 1Amends Section 3101.Toughens provision which says DHS “may” notify people who are the subject of an E-Verify query to “shall” notify.Grassley Amendment 38Amends Section 3101. DHS shall develop a reliable method for parents to suspend orlimit the use of a child’s social security number.Grassley Amendment 36Amends Section 3101. Requires that an attestation regarding a minor’s identity forpurposes of work authorization shall be made by a parent or guardian. Previousversion said anyone over 21 could do it.*****Section 3102. Increasing Security and Integrity of Social Security Cards.SSA shall develop fraud-resistant, tamper-resistant, wear-resistant and ID theft-resistantSocial Security Cards. Work on this will begin with 180 days of passage of the bill and will becompleted in five years. $1 billion will be allocated for this in FY 2014.Individuals can be issued no more than 3 cards per year and 10 over one’s lifetime.Reasonable exceptions may be made.New penalties for social security fraud tied.*****Section 3103. Increasing Security and Integrity of Immigration Documents.Within a year of enactment of the bill, DHS shall submit to Congress a report on adding newbiometric information on immigration employment documents.*****Section 3104. Responsibilities of the Social Security Administration.SSA shall establish a reliable method to compare its records to an inquiry in E-Verify. Theywill also be barred from releasing information to employers through the confirmation systemother than to confirm or not confirm authorization for employment.

*****Section 3105. Improved Prohibition on Discrimination Based on National Origin or CitizenshipStatus Amends the nationality discrimination provisions in IRCA to include abusive use of E-Verify.Expands the exceptions to employers of five or fewer employees (currently set at three). Theexception doesn’t apply to employment agencies.EEOC is given authority to refer all immigration-related unfair employment practices to theOffice of Special Counsel for Immigration-Related Unfair Employment Practices at DOJ.Fines for national origin or citizenship status discrimination. $2k to $5k per worker for firstviolation; $4k to $10k per worker for second; $8k to $25k per worker for subsequentviolations.Effective one year from passage.******Blumenthal Amendment 18Modifies Section 3105. Makes it an unfair employment related practice for anemployer that is required under the law to maintain records documentingemployment, including dates or hours of work and wages received, to fail to providesuch records to any employee upon request.Section 3106. Rulemaking.DHS must issue regs implementing Sections 3101, 3104 and 3105 above within a year. DOJmust issue regs for 3102 within a year. Those regs will be effective immediately on aninterim basis. Final regs must be issued within a reasonable time.Franken 4 and Franken Second DegreeAdds a new Section 3107 Office of the Small Business and Employee Advocate. DHSshall establish an Office of the Small Business and Employee Advocate to assist smallbusinesses comply with I-9 and E-Verify requirements. The office will inform smallbusinesses about the verification practices required by INA Section 274A, assist indealing with nonconfirmation notices, advise on penalties for violations and proposechanges to the administrative process. The OSBEA shall also make recommendationsto Congress.SUBTITLE B – Protecting United States Workers.*****Section 3201. Protections for Victims of Serious Violations of Labor and Employment Law orCrime.Expands U visa category to cover serious labor violations. Adds child abuse when the child isa minor and stalking to the U visa violations list.

Provides immigration protection to workers who are whistleblowers whose informationresults in a DHS enforcement action. False claims can result in a fine of up to $1000.*****Klobuchar 2Amends Section 3201 to add elder abuse to the list of predicate crimes for U Visas.Section 3202. Employment Verification System Education Funding.Fines will be applied to funds for educating employers about E-Verify and employercompliance.*****Section 3203. Directive to the United States Sentencing Commission.The US Sentencing Commission shall promulgate sentencing guidelines for the newviolations outlined in this section.*****Section 3204. Confidentiality for Victims of Crime.Adds privacy protections for victims of crime who are involved in enforcement actions underthis section.*****Subtitle C – Other ProvisionsSection 3301. Funding.Sets up an Interior Enforcement Account with $1 billion to carry out the provisions of thissubtitle. 5000 people will be employed to administer E-Verify.Money will be used to implement technology to support the system. The SSA will getfunding to carry out its piece in E-Verify.*****Section 3302. Effective DateThis section will take effect upon enactment.*****Section 3303. Mandatory Exit System.

By 12/31/2015, DHS will establish a mandatory exit data system that shall include arequirement for the collection of data from machine readable visas, passports and other traveland entry documents for all categories of aliens who are exiting from air and sea ports.*****Grassley 2Amends Section 3303 on the mandatory exit system. It requires DHS to report toother agencies any alien lawfully admitted into the US and whose individual data inthe integrated exit data system shows that he or she has not departed the countrywhen he or she was legally required to do so. DHS shall ensure that the alien hasdeparted as required and will update the data system to reflect the person’sdeparture. If the person has not departed, DHS will ensure that all reasonableavailable enforcement resources are employed to locate the person and commenceremoval proceeds against the person.Hatch 6Modifies Section 3303 regarding the mandatory exit system. Adds new requirements.Within two years of the date of enactment, DHS shall establish a mandatory biometricexit data system at the 10 largest international airports. Within 5 years of billpassage, the Comptroller General of the US shall conduct a study of the effectivenessof biometric exit data collection at these ten airports. Within six years of enactment,DHS shall establish the biometric exit data system at all the Core 30 internationalairports in the US. Also within six years, DHS shall submit a plan for the expansion tomajor sea and land entry and exit points within the US.Section 3304. Identity-Theft Resistant Manifest Information For Passengers, Crew, and Non-Crew Onboard Departing Aircraft and Vessels.Air and sea lines officials are responsible for transmitting to CBP identity-theft resistantdeparture manifest information covering passengers, crew and non-crew. The US-VISITsystem will be used to collect the information.$500 million is allocated to reimburse carriers for their reasonable expenses in carrying outtheir duties in this section.*****Section 3305. Profiling.Bars Federal law enforcement officers from using race or ethnicity to any degree unless aspecific suspect description exists. There are exceptions for preventing threats to nationalsecurity or other catastrophic events.*****SUBTITLE D – Asylum and Refugee Provisions.Section 3401. Time Limits and Efficient Adjudication of Genuine Asylum Claims.

Eliminates the requirement to apply for asylum within one year after a person enters thecountry (this is actually what the law was before the 1996 Act).Cases denied based on the one year requirement can be reopened for two years beginningon the date of enactment if the person is still in the US and does not have a safe thirdcountry available.*****Section 3402. Refugee Family Protections.Broadens the ability to bring in spouses and children of refugees.*****Section 3403. Clarification on Designation of Certain Refugees.Allows the President and Secretary of State, in consultation with the DHS Secretary, tospecifically designate groups of aliens whose resettlement in the US is justified byhumanitarian concerns or is otherwise in the national interest. This essentially makes theLautenberg Amendment permanent rather than requiring Congress to regularly have toextend the provision.*****Hatch 7Ends processing of Amerasian refugee claims after passage of bill.Section 3404. Asylum Determination Efficiency.If a CBP officer determines that an alien has a credible fear of persecution, the case will goto an asylum officer rather than go to a judge. This is designed to be a lot faster.*****Section 3405. Stateless Persons in the United States.Provides new relief for people designated as stateless by DHS. Criminal and security groundsof inadmissibility still apply. Work/travel authorization may be granted. Stateless individualsmay apply to adjust to permanent residency after a year subject to the numerical limits ofEB-4 (special immigrants).*****Section 3406. U Visa Accessibility.Raises cap for U visas from 10,000 to 18,000 of which up to 3,000 may be issued to alienscovered in the new U visa section above.*****

Section 3407. Representation at Overseas Refugee Interviews.Permits refugee applicants overseas be represented by attorneys or accreditedrepresentatives. Gives additional rights to applicants to have case reviewed. Imposesadditional requirements on reviewing officers to document the basis for the decision.*****Graham 1Creates a new Section 3408 “Termination of Asylum or Refugee Status”.Asylees/refugees who, without good cause, return to the country of the person’snationality, or in the case of an alien having no nationality, returns to any country inwhich such alien last habitually resided and who applies for such status on the basis ofpersecution in one of the categories applicable to asylum/refugee claims, shall havehis or her status terminated. Cubans are exempted.Feinstein 3Adds a new Section 3408 entitled “Tibetan Refugee Assistance”. Grants 5000immigrant visas per year for three years beginning 10/1/2013 for natives of Tibet(including their kids and grandchildren) residing in India or Nepal before bill passage.Preference given to those not resettled in India or Nepal who are most likely to beresettled successfully in the US.Feinstein 4Adds a new Section 3408 “Law Enforcement and National Security Checks”.Requires a mandatory background check, including biographic and biometric data, forthose seeking refugee or asylum status.Coons 8Adds a new Section 3408 (or whatever number is assigned) entitled “Asylum Clock”.Ensures that applicants for asylum are granted employment authorization within 180days of applying regardless of the court or DHS pausing the application process.Leahy 3Intended to provide work authorization for aliens eligible for Violence Against WomenAct self-petitioning or for T or U visas while those applications are pending.Amends Section 2305 which gives work authorization after approval. Amendmentgrants VAWA applicants EADs if no decision on their case is made within 180 days(like asylees).Inserts a new Section 3407 “Work Authorization While Applications For U and T VisasAre Pending” which also grants U and T right to an EAD if no decision on their casesmade within 180 days.Subtitle E – Shortage of Immigration Court Resources for Removal Proceedings

Section 3501. Shortage of Immigration Court Personnel for Removal Proceedings. Mandatesincreases in the number of immigration judges.1. 75 in FY 20142. 75 in FY 20153. 75 in FY 2016Annual increases in Board of Immigration Appeals staff*****1. 30 in FY 20142. 30 in FY 20153. 30 in FY 2016Section 3502. Improving Immigration Court Efficiency and Reducing Costs by IncreasingAccess to Legal Information.Gives DOJ discretion to appoint counsel at government expense to aliens in removalproceedings. Counsel shall be appointed at government expense to representunaccompanied alien children and those unable to represent themselves due to aserious mental disability.*****Section 3503. Office of Legal Access Programs.Establishes an Office of Legal Access Programs at the Department of Justice’s ExecutiveOffice for Immigration Review to develop and administer a system of legal orientationprograms to make immigration proceedings more efficient and cost effective. The programswill assist detained aliens to make informed and timely decisions regarding their removaland eligibility for relief. Such programs must be available to aliens within five days of beingput in custody. The office may provide services to certain individuals in proceedings and alsoshall identify children and persons with mental disabilities for consideration forrepresentation under Section 3502.******Section 3504. Codifying Board of Immigration Appeals.Amazingly, the BIA is not actually provided for in the Immigration and Nationality Act. Now itwill be.*****Section 3505. Improved Training for Immigration Judges and Board Members.

EOIR shall review and modify, as appropriate, training programs for immigrationjudges and BIA members.*****Section 3506. Improved Resources and Technology for Immigration Courts and Board ofImmigration Appeals.Provides that immigration judges have updated reference materials (the don’t already?) andstandard decision templates that conform to the law of the circuits where they sit. EOIRshall produce a practice manual describing best practices for the immigration courts andmake those manuals available electronically to counsel and litigants practicing inimmigration court.Tape recording will be replaced with digital recording. This will happen within a year.Within a year, EOIR shall report on the need to improve transcription and translation services.*****Franken 8Adds a new Section 3507 at the end of subtitle E of Title III.Requires leftover funds from HHS/ORR William Wilberforce Trafficking VictimsProtection Reauthorization Act of 2008 to be transferred to DOJ to be used to carryout functions set forth in that bill for the DOJ.Subtitle F – Prevention of Trafficking in Persons and Abuses Involving Workers RecruitedAbroad.Section 3601. DefinitionsAdds new definitions for “foreign labor contractor” and “foreign labor contracting activity”.*****Section 3602. Disclosure.Persons engaged in foreign labor contracting activities shall disclose in writing in English andin the worker’s primary language information on the identity and address of the USemployer, all terms of employment, a signed copy of the contract with the employer, thetype of visa under which the worker will be employed as well as the terms of the visa,education to be provided, a list of any costs to be charged to the worker, the existence ofany labor issues at the place of employment (strike, union organizing effort, etc.),information on benefits available to the worker, and a statement attesting that there are nohidden fees or requirements not disclosed as well as information on victim traffickingprotections.Blumenthal 5

Amends Section 3602. Regarding disclosure requirements for foreign laborers,requires labor contractors and employers disclose the terms and conditions underwhich the visa may be renewed and a clear statement of any expenses associatedwith securing or renewing the visa. Requires labor contractor to explain to worker thatno significant additional requirements or changes may be made to the originalcontract signed by the worker without at least 24 hours to consider such changes andthe specific consent of the worker, obtained voluntarily and without threat of penaltyand any significant changes made to the original contract that do not comply with thissection shall be a violation of the law.*****Section 3603. Prohibition on Discrimination.It shall be unlawful for an employer or a foreign labor contractor to fail or refuse to hire,discharge, intimidate, threaten, restrain, coerce, or blacklist any individual or otherwisediscriminate against an individual with respect to compensation, terms, conditions, orprivileges of employment, because of such individual’s race, color, creed, sex, nationalorigin, religion, age or disability.*****Section 3604. Recruitment Fees.No employer, foreign labor contractor, or agent or employee of a foreign labor contractorshall assess any fee (including visa fees, processing fees, transportation fees, legal expenses,placement fees and other costs) to a worker for any foreign labor contracting activity.*****Section 3605. Registration.Foreign labor contractors must obtain a certificate of registration from the US Department ofLabor. Employers are required to notify DOL of the identity of foreign labor contractors used.Foreign labor contractors must disclose to the government subcontractors used. Certificateswill be valid for two years.DOL must issue regulations with 180 days of enactment and shall design an electronicprocess for collecting information.Violators can be barred for up to five years from registering.*****Section 3606. Bonding Requirement.DOL shall require a foreign labor contractor to post a bond in an amount sufficient to ensure itcan meet its responsibilities including wages.*****Section 3607. Maintenance of Lists.

DOL shall maintain a list of all foreign labor contractors including the countries where theyrecruit, the employers for whom they recruit, the visa categories and occupations of theirworkers and the states where the workers are employed. The list must be updated every sixmonths.*****Section 3608. Amendment to the Immigration and Nationality Act.A visa may not be issued in a variety of categories for workers unless the consular officerhas provided the applicant a copy of the information required in the William WilberforceTrafficking Victims Protection Reauthorization Act of 2008 and has made a part of the visafile the foreign labor recruiter disclosures required in Section 3602 above.*****Section 3609. Responsibilities of Secretary of State.The State Department shall ensure that each consulate has an officer who is responsible forreceiving information from workers subject to violations under this section. That person isresponsible for sharing information with the DOL DOJ and other relevant Federal agencies.Consulates must maintain information regarding the identities of labor contractors andtheir employer clients and make the information publicly available in written form andonline.*****Section 3610. Enforcement Provisions.DOL shall establish a process to handle complaints filed by any person regarding complaintsagainst a labor contractor’s compliance with the rules in this section. They are authorized tofine up to $10,000 per violation with that number increasing to up to $25,000 per violationat the point of a third violation. Individuals may pursue civil actions and can be awarded upto $1000 per plaintiff per violation plus attorney fees. Other relief is available as well.Employers have a safe harbor if they use a contractor registered under this section anddon’t act with reckless disregard of the contractor’s violations or fail to report violations if itlearns of them.Whistleblowers are given protection. And parole may be granted to allow people to get tothe US to participate in legal proceedings.Blumenthal 3Amends Section 3610. Expands liability for abuses against foreign workers beyondforeign labor contractors to their ultimate employers as well. Also provides workerswith a right of action against an employer. Complaints must be filed within three yearsafter the date on which the violation occurred or the employee became aware of theviolation.

*****Section 3611. Rule of Construction.Nothing in this section bars pursuing rights under other areas of the law.Feinstein 5Inserts a new Section 3611 entitled “Detecting and Preventing Child Trafficking”.DHS shall mandate the live training of all CBP personnel who are likely to come in tocontact with unaccompanied alien children. Such training shall incorporate theservices of independent child welfare professionals with expertise in culturallycompetent, trauma-centered and developmentally appropriate interviewing skills toassist CBP in screening children attempting to enter the US.Hirono 22Adds a new Section 3611 entitled “Protecting Child Trafficking Victims”Adds to the bill the “Child Trafficking Victims Protection Act.” DHS, in consultation withHHS and independent child welfare experts, shall mandate appropriate training of allpersonnel who come into contact with unaccompanied alien children in the relevantlegal authorities, policies, practices and procedures for dealing with this population.Requires all unaccompanied alien children in immigration proceedings to betransported and placed in the physical custody of the Office of Refugee Resettlementwithin 72 hours after their apprehension (absent exceptional circumstances). Femaleofficers must be continuously present during the transfer of female detainees.DHS must hire child welfare professionals in at least 7 of the CBP stations with thelargest number of unaccompanied alien children. Those professionals shall developguidelines for treatment of unaccompanied alien children in DHS custody, conductscreenings of those children, notify DHS and ORR of children meeting the notificationand transfer requirements, interview adult relatives accompanying unaccompaniedalien children and provide an initial family relationship and trafficking assessment andrecommendations to ORR. They must also ensure each child receives emergencymedical care when necessary, is properly clothed, provided hygiene products, linens,nutrition, a safe and sanitary living environment, access to recreational programs ifheld for longer than 24 hours, access to legal services and access to phone calls tofamily members.ORR shall submit final determinations on family relationships to DHS who shallconsider such adult relatives for community-based support alternatives to detention.DHS must submit an annual report on unaccompanied minors beginning 18 monthsafter bill enactment.DHS must notify ORR of an unaccompanied child within 48 hours after encounteringthe child. DHS must ensure all of these children are provided an interview with a childwelfare professional, an oritentation and notice of their rights under immigration law(including the right to relief from removal and the right to counsel as well as relevantcomplaint mechanisms to report abuse). DHS shall ensure that the orientation andnotice be provided in the 5 most common languages spoken by unaccompaniedchildren.The section provides privacy rights for the children.

The Administrator of the US Agency for International Development, in conjunctionwith DHS, HHS, DOJ, international organizations and nongovernmental organizationsin the US, shall develop a multi-year program to develop and implement bestpractices and sustainable program in the US and within the country of return toensure the safe and sustainable repatriation and reintegration of unaccompanied alienchildren. Annual reports on this process must be provided to the JudiciaryCommittees. Appropriations as necessary will be made.Creates a new Section 3612 entitled “Best Interests of the Child”.In all decisions concerning unaccompanied immigrant children made by Federalagencies, contractors working with those agencies, and the courts, the best interestsof the child shall be a primary consideration. Best interests determinations by juvenilecourts shall be conclusive in assessing the best interests of the child.Factors to be considered are- Views of the minor- Safety and security considerations of the child- Family unity- Minor’s well-being and development (taking into consideration the minor’s ethnic,religious, cultural and linguistic background)- Access to education.*****Section 3612. Regulations.Regulations may be issued to carry out this section.*****Blumenthal 4Amends Section 3612. Requires DHS to consult with the Department of Labor inissuing regulations on protections against trafficking and abuse in the recruitment ofworkers abroad. Previously, DHS was required to issue regulations on their own.Subtitle G – Interior EnforcementSection 3701. Criminal Street GangsAdds new language adding gang-related convictions to the criminal inadmissibility groundsand also allows DHS to remove people over 18 it knows to have participated in street gangsengaged in illegal activities. A waiver is available if the person has renounced all associationwith the gang, is otherwise admissible and is not a security threat.Aliens over 18 with convictions related to being in a gang or if DHS determines the personwas in a gang cannot participate in the RPI program. A waiver is available if the person hasrenounced all association with the gang, is otherwise admissible and is not a security threat.

*****Section 3702. Banning Habitual Drunk Drivers From the United States.Adds a new ground of inadmissibility and also for deportation for people with three or moreconvictions on separate dates relating to driving while intoxicated. One of the three must beafter the bill is enacted.*****Grassley 44 (with Schumer Secondary Amendment)Amends Section 3702.Makes conviction for a third drunk driving conviction an aggravated felony. Theprovision takes effect on the date of enactment of the bill. It applies only if one of theconvictions takes place after enactment of the bill.Section 3703. Sexual Abuse of a Minor.Broadens the definition of “sexual abuse of a minor” for purposes of determining if it is anaggravated felony to include cases where the age of the victim is determined by evidence inthe record of conviction or by credible outside evidence even if the age of the victim is notstated in the conviction itself.*****Section 3704. Illegal Entry.Toughens the rules on illegal reentries. Higher penalties if the person reentering hasmultiple criminal convictions. Increases the penalties – 12 months for first conviction(currently six months); 3 years for the second (currently two years); up to ten years for3+ (currently, the maximum is two years).Illegal reentrants with a felony conviction for more than 30 months can be sentenced to up to15 years. Violators over 18 may also be subject to civil penalties.Aliens deported who did not finish their jail sentence will have to complete the jail sentenceafter they are convicted for illegally reentering.*****Section 3706. Penalties Related to Removal.Increases penalties for operators of vessels or aircraft who aid people illegally entering thecountry unless the person can show they were uncompensated and offering assistance forhumanitarian reasons.*****Section 3707. Reform of Passport, Visa, and Immigration Fraud Offenses.

Creates a new crime of trafficking in passports. Offense requires dealing in at least three ormore passports. Fines and up to 20 years in jail. If the crime is related to terrorism, thesentence can be up to twenty five years plus a fine.New crime for making false statements in an application for a passport. Up to 25 yearsimprisonment if related to terrorism, 20 years if related to drug trafficking, or 15 years inother cases.New crime for misuse of a passport. Using a passport in violation of the rules relating to itsuse or using forged or fraudulent passports can result in a sentence of up to 20 years.Dealing in immigration documents (whether real or counterfeit) can result in a sentenceof up to 20 years.*****Lee 16Amends Section 3707 by adding back crime of knowingly use of a fraudulentimmigration document.Lee 17Amends Section 3707 by adding attempts to misuse a passport to the list of criminaloffenses in the bill. The previous version required actual misuse.Section 3708. Combating Schemes to Defraud Aliens.This is a section that goes after notarios. People submitting applications will have to identifywho assisted them in preparing or translating the immigration submissions as well as anyonethey paid in connection with preparing the application. DOJ can commence a civil action toenjoin a provider from further engaging in any fraudulent conduct that interferes with theproper administration of immigration laws or who willfully misrepresents their authority toprovide representation before the DOJ or DHS.*****Section 3709. Inadmissibility and Removal for Passport and Immigration Fraud Offenses.Creates a new ground of inadmissibility and removability for violating Section 3707and 3708.*****Section 3710. Directives Related to Passport and Document Fraud.The US Sentencing Commission shall establish guidelines for the new offenses.*****Section 3711. Inadmissible Aliens.

Closes a loophole allowing certain aliens seeking admission “within” five years afterremoval and changes it to “not later than” five years.People who withhold biometrics are inadmissible.Adds domestic violence, stalking and child abuse to the inadmissibility grounds. It addsviolators of protection orders to the inadmissibility grounds.

This section covers acts occurring after the law takes effect.*****Section 3712. Organized and Abusive Human Smuggling Activities.Adds a new human smuggling offense which carries a sentence of up to 20 years plus fines(30 years if serious bodily injury is involved). 30 years if more than ten people are involved.30 years if bribery or corruption of a US or foreign government official is involved. 30 yearsif the violation involves robbery or extortion. 30 years if the violation involves an involuntarysexual act. Life imprisonment if a death results.Transmitting the location or activities of a law enforcement agency with the intent to furthera crime relating to US immigration, customs, controlled substances, agriculture, monetaryinstruments or other border controls can be punished by up to 10 years in prison.Up to 20 years in prison for destroying or damaging a border barrier, or seeking to thwart abarrier or technology at the border shall be punishable by up to ten years in prison. 20years if a firearm is involved.*****Section 3713. Preventing Criminals from Renouncing Citizenship During Wartime.Eliminates the bar on renouncing citizenship during times of war.*****Section 3714. Diplomatic Security Service.Allows DOS’ Diplomatic Security Service to investigate illegal passport or visa issuanceor use and identity theft or document fraud affecting DOS operations.*****Section 3715. Secure Alternatives Program.DHS shall establish a secure alternatives program in each field office to provide alternativesto detention of people in removal proceedings. DHS will contract with nongovernmentalcommunity organizations to conduct screenings of detainees, provide appearance assistanceservices and operate community-based supervision programs. DHS will make individualizeddeterminations of eligibility for the secure alternatives program.*****Section 3716. Oversight of Detention Facilities.DHS shall ensure that all persons in DHS detention are treated humanely and be protected.

All detention facilities will be inspected annually. Unannounced inspections will also takeplace.DHS will consult with nongovernmental organizations regarding their independent opinionsof particular facilities.Contracts with outside detention center operators will be modified within 180 days toincorporate new terms required by this section. Contracts not modified with a year ofenactment of the bill will be cancelled unless a reasonable extension is warranted.*****Section 3717. Procedures for Bond Hearings and Filing of Notices to Appear.A Notice to Appear or other charging document shall be filed within 72 hours of a personbeing taken in to custody. A decision on whether the person should remain in custodyshould happen within that period as well. The AG shall ensure the person has the chance toappear before an immigration judge for a custody determination promptly after DHS’custody decision is made. The judge may postpone the custody determination for no morethan 72 hours after the DHS decision is made. The judge may detain the alien only if DHSshows that no conditions, including the use of alternatives to detention that maintaincustody over the alien will reasonably assure the person’s appearance and the safety of thecommunity. The AG must review the custody determination every 90 days or sooner ifthere is a showing of good cause.*****Blumenthal 2Makes further changes regarding solitary confinement. Solitary confinement islimited to situations to control a threat to detainees, staff or the security of a facility,to discipline an alien for a serious disciplinary infraction or for good order during thelast 24 hours before an alien is released. Aliens placed in solitary confinement mayonly be used for the least amount of time as is practicable. People in solitary are toget three doctors visits or more per week. Those in for long periods shall have theircases reviewed in a timely manner. Limits disciplinary segregation.Section 3718. Sanctions for Countries that Delay or Prevent Repatriation of Their Nationals.DOS will bar issuing G visas to nationals of countries that denies or unreasonably delaysaccepting aliens who are its citizens, subjects, nationals or residents.*****Section 3719. Gross Violations of Human Rights.Anyone who participated in the commission of the following types of acts will beinadmissible:- Torture- Extrajudicial killings

- War crimes- Widespread attacks against civilian populations- Persecution on political, racial, national, ethnic, cultural, religious or gender grounds- Enforced disappearance of persons- Other inhumane acts of a similar character.The President may ignore the confidentiality requirements to make public information onpeople barred on one of these grounds.There is a duress exception and in those cases, DHS may look at the age of the alien atthe time such actions were committed.Coons 12Amends Section 3719. Adds more explicit language denying admission in the US toindividuals who have committed a widespread or systematic attack on civilians orgenocide.Coons 6.Adds a new Section 3720 entitled “Reporting and Recordkeeping RequirementsRelating to the Detention of Aliens”.DHS shall maintain information on detention mandated by this section and shallsubmit reports to Congress. DHS, EOIR, the Director if ICE and the Director of USCISshall develop a shared database, or other system that allows for the databases ofICE and EOIR and USCIS to develop a shared database relating t detained aliens.Until the database is operational, DHS shall track the case outcomes of eachdetainee.The database shall maintain the basis in law for the alien’s detention, the placewhere the alien was apprehended, the location where ICE detains the alien until thealien is removed from custody, the gender and age of each detained alien in thecustody of ICE, the number of days the alien is detained, the immigration chargesbeing pursued, the status of the alien’s removal proceedings and each date on whichthe proceedings progress between stages and the events that have occurred afterthe alien received a final administrative or order of removal. It shall also includeinternal custody determinations of ICE showing how it went, the risk assessmentresults, the release for the alien’s release.Detained individuals awaiting removal shall provide similar information DHS.The bill further provides limits on solitary confinement. Children can never be put insolitary confinement. Those with mental illness can only be put in solitary formaximum of 15 days. Aliens put in solitary are entitled to be informed verbally andin writing of the reasons for such confinement and given access to counsel. RequiresDHS review cases where a person is in solitary for more than 14 days.

Blumenthal 8Adds a new Section 3720 entitled “Powers of Immigration Officers and Employees atSensitive Locations”.INA Section 287 gets a new section at the end. The section applies to enforcementactions by officers and agents of ICE and CBP.Enforcement actions may not take place at a “sensitive location” except underexigent circumstances and if prior approval is obtained from a supervisor. Officers insuch cases must act discretely and make every effort to limit the time at thelocation. This doesn’t apply to apprehensions at or near a land or sea border wherean individual is being transferred to a hospital or healthcare provider.ICE and CBP must make sure that employees receive annual training on compliancewith this section. Annual reports must be provided regarding enforcement actions atsensitive locations. Sensitive locations include hospitals and clinics, schools,organizations assisting victims of crime or abuse, organizations assisting children,pregnant women, victims of crime or abuse, or individuals with mental or physicaldisabilities, houses of worship, or other places DHS specifies.Coons 5New section not yet numbered which would require all aliens in removal proceedingsto be provided at the beginning of the process or at a reasonable time thereafter.Adds new language to INA Section 240(b) which says that an alien shall at thebeginning of the proceedings or at a reasonable time thereafter, automaticallyreceive a complete copy of all relevant documents in the possession of DHS includingall documents (other than those protected by privilege, including national securityinformation, law enforcement sensitive information and information prohibited fromdisclosure pursuant to any other provision of law) contained in the file maintained bythe government relating to the alien’s immigration history. A removal proceedingmay not proceed until the alien has received the documents required by thisprovision.Hatch 2Adds new section (not numbered yet) entitled “Enhanced Penalties for Certain DrugOffenses on Federal Lands”.Increases penalties for those growing or manufacturing marijuana on federalproperty.Increases penalties for using a firearm while cultivating or manufacturing controlledsubstances on Federal lands.Feinstein 7Adds a new Subtitle H – Protection of Children Affected by Immigration EnforcementSection 3801. Short Title. The “Humane Enforcement and Legal Protections forSeparated Children Act”

Section 3802. Definitions.Apprehension – detention or arrest by officials of DHSChild – Those under 18Child Welfare Agency – State or local agency responsible for SSA child welfareservicesCooperating Entity – state or local agency acting under agreement with DHSDetention facility – Federal, state or local facilities or privately owned facilitiesholding individuals under the authority of ICE, including facilities that hold individualsunder a contract with ICE.Immigration Enforcement Action – apprehension of 1 or more individuals whom DHShas reason to believe are removable from the USParent – Biological or adoptive parent whose rights have not been relinquished orterminated.Section 3803. Apprehension Procedures for Immigration Enforcement-RelatedActivitiesIn any enforcement action, DHS shall as soon as possible, but generally not laterthan 2 hours after an enforcement action, inquire whether an individual is a parentor primary caregiver of a child in the US and provide such individuals with theopportunity to make a minimum of 2 phone calls to arrange for the care of such childand contract information for child welfare agencies and family courts in the child’sarea and consulates, attorneys and legal service providers who can help. DHS shallnotify child welfare agencies if the caregiver is unable to make care arrangements orthe child in in imminent risk of serious harm. DHS shall ensure that personnel of DHSdo not compel or request children to interpret or translate for interviews of theirparents as part of an immigration enforcement action. DHS shall ensure that anyparent of a child in the US is not transferred from his or her area of apprehensionuntil the person has made arrangements for the care of the child or, if sucharrangements can’t be made, is informed of the care arrangements for the child. Theparent should be placed in a detention facility either proximate to the location ofapprehension or to the individual’s habitual place of residence.Section 3804. Access to Children, State and Local Courts, Child Welfare Agencies andConsular OfficialsAt all detention facilities, DHS shall prominently post information on the protectionsof this subtitle and information on potential eligibility for parole or release. DHS shallensure that individuals who are detained by DHS and are the parents of children inthe US are permitted regular phone calls and contact visits with their children,provided with contact information for child welfare agencies and family courts, ableto participate fully in all family court proceedings impacting their right to custody oftheir children, granted free and confidential telephone calls to relevant child welfareagencies and family courts as often as necessary to ensure the best interest of theirchildren, including a preference for family unity whenever appropriate, can beconsidered in child welfare agency or family court proceedings. DHS shall ensureindividuals are able to fully comply with all family court or child welfare agency

orders impacting custody of their children, provide access to US passportapplications for the purpose of obtaining travel documents for their children, affordedtimely access to notary public services to help children apply for passports or forexecuting guardianship or other agreements to ensure the safety of their childrenand granted enough time before removal to obtain documents on behalf of theirchildren if the children will accompany them on their return to their country of origin.And where it wouldn’t impact public safety or national security, DHS shall facilitatethe ability of parents and caregivers to share information regaridn travelarrangements with their consulate, children, welfare agencies or other caregiversprior to the person’s departure from the US.Section 3805. Mandatory Training.DHS and other agencies shall develop training on the protections provided by thesections above to all DHS personnel, cooperating entities, detenetion facilities andothers who are likely to come in to contact with individuals who are parents orprimary caregivers of children in the US.Section 3806. Rulemaking. DHS shall establish rules within 180 days.Section 3807. Severability.*****************************************************************Title IV – Reforms to Non-Immigrant Visa ProgramsSubtitle A – Employment-based Nonimmigrant VisasSection 4101. Market-Based H-1B Visa LimitsRaises base level cap from 65,000 to 110,000 for the first fiscal year after the bill passes(which means October 1, 2013 if the bill is signed by the summer).The H-1B cap will float between a floor of 110,000 and a cap of 180,000 based on aformula calculating market demand for H-1Bs and the unemployment rate. The numbercannot go up or down more than 10,000 per year.The bonus cap of 20,000 is increased to 25,000. However, it is now available only for thosewho earn a master’s degree or higher from a US institution in a STEM field. Current rulesdon’t restrict the master’s cap applicants to STEM field. Current rules don’t restrict themaster’s cap applicants to STEM field. STEM occupations include computer and informationsciences and support, engineering, mathematics and statistics, biological and biomedicalsciences and physical sciences.Hatch-Schumer DealSection 4101 changes. The language creates a new concept of having a base H-1Ballocation for each fiscal year and then a possible addition to that base numberdepending on how strong demand is for H-1Bs. The cap will float between 115,000and 180,000 depending on market conditions. The base cap is 115,000. The cap canrise based on the following formula:

- If the cap is hit before day 45 then 20,000 more numbers will be made availablebeginning on day 46- If the cap is hit between day 46 and 60, then 15,000 more numbers will be madeavailable on day 61- If the cap is hit between days 61 and day 90, then 10,000 more numbers will bemade available on day 91- If the cap is hit between day 91 and day 275, then 5,000 more numbers will bemade available on day 276The cap can also be lowered based on the following formula:- If the number of approved petitions is at between 5,000 and 9,999 fewer than thebase allocation for that fiscal year, then the base will decrease for the next year by5,000- If the number of approved petitions is at between 10,000 and 14,999 fewer thanthe base allocation for that fiscal year, then the base will decrease for the next yearby 10,000- If the number of approved petitions is at between 55,000 and 19,999 fewer thanthe base allocation for that fiscal year, then the base will decrease for the next yearby 15,000- If the number of approved petitions is more than 20,000 fewer than the baseallocation for that fiscal year, then the base will decrease for the next year by 20,000*****Section 4102. Employment Authorization For Dependents of Employment-Based Non-ImmigrantsH-4 spouses will be permitted to apply for work authorization IF the spouse is a national ofa foreign country that permits reciprocal employment to spouses of those receiving workstatus similar to an H-1B in the spouse’s country.Hatch 10Changes Section 4102 regarding work authorization for H-4s. Previous version onlygave EADs to H-4s if their countries reciprocated rights to US employees. Newlanguage gives DOS discretion on this issue.The non-displacement language in Section 4211 is modified and no longer applies toall employers. “For an H-1B skilled worker dependent employer” that is not an H-1Bdependent employer, the employer cannot have displaced and will not displace a USworker in the 90 days before and after the filing of the H-1B. H-1B skilled workerdependent employers aren’t subject to the provision unless the employer is filing thepetition with the intent or purpose of displacing a US worker from the position to beoccupied by the beneficiary of the petition or workers are displaced who provideservices at government work sites or are public school teachers. In the case ofapplications filed by H-1B-dependent employers, the employer did not displace andwill not displace a US worker employer by the employer during the period 180 daysbefore and after the filing of the H-1B.“H-1B Skilled Worker Dependent” means an employer who employs H-1Bs in the USin a number greater than 15% of its full-time equivalent workers in the US employedin jobs in O*NET Job Zone 4 and Job Zone 5. H-1Bs who are intending immigrantsdon’t count in making this determination.

The Hatch amendment makes changes to S.744’s H-1B recruiting requirements. Theamendment increases recruiting requirements by adding a provision that says anemployer must take “good faith steps” to recruit US workers using procedures thatmeet industry-wide standards and offering compensation at least as great as thatrequired to be offered to H-1B non-immigrants. The DOL web site recruiting is stillrequired and an additional requirement has been added to require posting positionson a State labor or workforce agency web site.There is a significant change in the advertising rules. In the original S.744, theemployer must have offered the job to any US worker who applied and is “equally orbetter qualified” for the job for which the non-immigrant is sought. Now, thisrequirement only applies to H-1B skilled worker dependent employers.Modifies the rules that exempt counting certain employees from the H-1Bdependency count if an employer has filed green card application. Previously,covered employers had to file I-140s for not less than 90% of the people for whoman employer filed a labor certification during the 1-year period ending on the datethe employer filed an application for a labor certification for the worker. Laborcertification cases pending for longer than a year would be treated as if the employerfiled an immigrant status petition.The language is modified and a “covered employer” is an employer that has filed I-140s for not less than 90% of current employees who were the beneficiaries of laborcertifications that were approved during the 1-year period ending 6 months beforethe filing of an application for which the number of intending immigrants is relevant.*****Section 4103. Eliminating Impediments to Worker MobilityUSCIS is to provide deference in extension cases for H-1Bs and L-1s unless there is amaterial error, a substantial change in circumstances, new material information has beendiscovered or, in DHS’ discretion the extension should not be approved.Laid off H-1Bs (or those terminated for any reason) get a 60 day grace period from thetermination date. Applicants who then file a new H-1B petition will be deemed to havemaintained status while that application is pending.Visa revalidation marks its return after many years. Visas may be renewed within the US inthe following NIV categories: A, E, G, H, I, L, N, O, P, R or W.NIV interviews may be waived at the discretion of DOS for “low risk” applicants deemed notto pose a security threat, for whom no material benefit is seen in conducting the interviewand for whom a background check has been conducted.*****Section 4104. STEM Education and Training.

Permits the charging of a $500 fee for labor certifications and the money is to be used tofund STEM education and training. The various programs to be funded from the new taxare detailed. Only 3% of the fee will actually go to immigration adjudications.*****Replaces Section 4104 with new section STEM Education and Training.Creates a $1000 fee labor certifications in permanent residency cases.Creates a low income STEM scholarship program under the NSF with funds from theH-1B account. Also to assist with loan forgiveness for low income students who go into STEM fields. Will also support k-12 STEM education. which will go to a STEMEducation and Training Account. The fund will be used for federal STEM educationprograms. 70% of fund will go to states. [Hatch 9]Subtitle B – H-1B Visa Fraud and Abuse ProtectionsChapter 1 – H-1B Employer Application RequirementsSection 4211. Modification of Application Requirements.Mandates that H-1B dependent employers will pay wages that are not less than level 2wages as set by DOL.DOL would have to establish a new 3-tier wage system based on experience, education andsupervision. Level 1 would be the mean of the lowest two-thirds of wages surveyed but noless than 80% of the mean of the wages surveyed.Level 2 is the mean of wages surveyed.Level 3 is the mean of the highest two-thirds of wages surveyed.A new section on wages for H-2B employees is included. The wage must be the higher ofthe actual wage level paid by the employer or the prevailing wage based on the bestavailable information. “Best available” means a controlling collective bargainingagreement, the wage commensurate with the experience, training and supervisionneeded based on BLS data or, if not available, a private, recent, legitimate wage survey.A four level wage system remains for universities and related nonprofits to use forteaching and research positions.Establishes a new advertising requirement for H-1Bs where employers must advertise on aDOL web site for at least 30 days a detailed description of each position including adescription of the wages offered, the minimum education, training, experience and otherrequirements for the position and the process of applying for the application.The 90 day look back/look forward non-displacement provision for US workers is extendedto all employers and not just H-1B dependent employers, as is currently the case. Theclause doesn’t apply if an employer is not H-1B dependent and the number employed in thesame O*NET job zone as an H-1B nonimmigrant has not decreased in the 1-year periodending on the date the labor condition application was filed.

The look back/forward provision expands to 180 days for dependent employers. Dependentemployers must also now use the DOL web site to advertise a jobH-1B dependent employers may not “place, outsource, lease, or otherwise contract” for theservices or placement of an H-1bB nonimmigrant employee. Non-H-1B dependent employerscan do so if they pay a $500 fee.The definition of H-1B dependent employer is changed. It now excludes nonprofitinstitutions of higher education, nonprofit research organizations, or an employer whoseprimary line of business is healthcare and who is petitioning for a physician, a nurse,physical therapist or a substantially equivalent healthcare occupation. Importantly, workerswith pending green card applications don’t count in the H- 1B dependent calculation (the“Facebook” provision). The rules only apply if an I-140 has been filed or, for laborcertifications, if a labor certification has been pending for longer than a year or theemployer has filed immigrant status petitions for 90% of the aliens for whom the employerfiled an application for a labor certification during the period. Labor certifications pendingfor one year or more are considered the same as if an immigrant petition has been filed.*****Grassley 58Would add new information to list of information to include in advertising of jobs asrequired in section 4211. Employers would need to list the title and description of theposition, including the location where the work will be performed and the name, cityand zip code of the employer. [Grassley 58]Section 4212. Requirements for Admission of Non-Immigrant Nurses in Health ProfessionalShortage Areas.The H-1C returns but is now just 300 for the entire country. Portability is now availableallowing H-1C nurses to move more easily between H-1C employers. A 45 day lay off graceperiod is now provided.Within 60 days, DHS must determine if regulations are necessary. If not, thecommencement date shall be the date of such determination.*****Section 4213. New Application Requirements.Bars employers from advertising that positions are available only to H-1Bs or F-1 OPTs orthat such H- 1Bs or F-1s will get priority or preference. Employers are not permitted tosolely recruit individuals who are or will be H-1Bs or F-1 OPTs.Non-educational/non-research employers employing more than 50 workers in the US, maynot have more than 75% of the total number of workers in non-immigrant status (H-1Bsand L-1s) in FY 2015; 65% in FY 2016; 50% in any year thereafter. Intending immigrants(see section 4211) don’t count in the calculation. Employers covered in the calculationabove must provide DHS an annual report with W-2 data for each H-1B employee from theprior year.

*****Section 4214. Application Review Requirements.The LCA will now be available to the public via the DOL’s web site and not just in a publicaccess file. LCAs will now be reviewed at the outset not just for completeness but also forsigns of fraud or misrepresentation.The DOL will now get 14 days to review an application, up from the current 7. Betweenthis requirement and the new 30 day advertising requirement, employers should beprepared for much longer turnaround times on H-1Bs.H-1Bs may be submitted without an approved LCA, but may not be approved until the LCAis approved.*****CHAPTER 2 – Investigation and Disposition of Complaints Against H-1B EmployersSection 4221. General Modification of Procedures for Investigation and Disposition.Complaints regarding LCAs can now be filed within 24 months, up from the current 12months.DOL may now conduct voluntary surveys of employers to determine compliance. DOL shallalso conduct annual audits of employers with more than 100 employees who work in the USif more than 15% of such employees are H-1B nonimmigrants and make available to thepublic an executive summary or report describing the findings of such audits.*****Whitehouse 6Amends Section 4221. Adds dedicated toll free number [Whitehouse 6]Section 4222. Investigation, Working Conditions and Penalties.Adds new fines for violating some of the new H-1B provisions (advertising a preference forH-1Bs, employing to high a percentage of H-1Bs, etc. Doubles the fine for smaller violationsto $2000 per violation and doubles the fine for more serious ones from $5000 to $10,000per violation. Employers are also liable to any employees harmed by such violations for lostwages and benefits.*****Section 4223. Initiation of Investigations.DOL no longer needs “reasonable cause” to launch an investigation. Anonymous complaintscan now serve as the basis of an investigation and DOL employees can be the source of acomplaint.

*****Section 4224. Information Sharing.USCIS and DOL shall share information on H-1B violations with the DOL and the DOL maylaunch an investigation on information USCIS provides it.*****Hatch 10A new Section 4225 is added and is entitled “Transparency of High-SkilledImmigration Programs.”The new Bureau of Immigration and Labor Market Research shall submit an annualreport to Congress providing data on H-1B beneficiaries and employers. A similarreport on L-1s is to be prepared annually. An additional annual report is to beprepared describing the methods employers are using to meet the good faithrecruiting requirements.Chapter 3 – Other ProtectionsSection 4231. Posting Available Positions Through the Department of Labor.The DOL has 90 days to set up a free searchable website for posting H-1B positions.*****Section 4232. H-1B Government Authority and Requirements.Employers must provide employee beneficiaries a copy of all applications and petitions filedwith DOL or USCIS filed on behalf of the employee. Financial or proprietary information maybe redacted.*****Section 4233. Requirements for Information for H-1B and L Nonimmigrants.Consulates and DHS shall provide H-1B and L-1 employees a brochure outlining anemployer’s obligations and an employee’s rights under the law as well as the contactinformation for government agencies that can assist in answering related questions.*****Section 4234. Filing Fee for H-1B Dependent EmployersFrom FY 2015 to 2024, $5000 for applicant that employs 50+ workers in the US if 30-50%are on an H-1B or L-1.From FY 2015 to 2017, $10,000 for applicant that employs 50+ workers in the US if 50-75% of its workers are on H-1B or L-1.

Universities and research organizations are exempt. Intending immigrants (see above) arenot included in the calculation.*****Section 4235. Providing Premium Processing of Employment-Based Visa PetitionsDHS shall establish premium processing for employment-based immigrant petitions (italready does for some; does this expand to all?) and for the first time requires the AAO setup premium processing.*****Section 4236. Technical Correction.Refers to amendment of Section 212 in regard to the “Irish Peace Process Cultural andTraining Program Act of 1998.”Hatch 10Section 4236 is modified to state that the non-displacement provisions do not apply topetitions filed on behalf of existing employees.Hatch 10*****There is a new Section 4237 entitled “Portability for Beneficiaries of ImmigrantPetitions.”Changes the adjustment portability rules. Regardless of whether an employerwithdraws an EB-1, EB-2 or EB-3 petition, the petition shall remain valid with respectto a new job if the beneficiary changes jobs or employers after the petition isapproved and the new job is in the same or a similar occupation for which thepetition was approved. Current law requires the petition to be pending 180 daysbefore portability kicks in. The employer’s legal obligation with respect to the petitionshall terminate at the time the beneficiary changes jobs or employers.DOL shall develop a method for enabling workers to verify that a new job is in asame or similar occupation.In a very important change, concurrent adjustment applications are available even ifa visa number is not available. In such a case, a supplemental fee of $500 will becollected. Applicants filed under this provision cannot be approved until a visanumber becomes available.Section 4237. Application.Clarifies that this subtitle only applies to cases filed on or after the date of enactment of thebill.*****

Subtitle C – L Visa Fraud and Abuse ProtectionsSection 4301. Prohibition on Outplacement of L Non-immigrants.No placing, outsourcing, leasing, or otherwise contracting for the services or placement ofL-1 employees unless it is to an affiliate, parent or subsidiary of the petitioning employer.There is an exception as well if the L-1 won’t be supervised principally by the employerwith the L-1 is placed or the placement is not “essentially an arrangement to provide laborfor hire for the other employer.” Finally, the employer where the worker is placed mustattest that the L-1 employer attests that the other employer has not displaced a US workerin the period 90 days before and after placement (note – the wording here appears tobe incorrect and should be clarified).L-1s coming to open new offices may be approved for up to 12 months but only if theyhave not been the beneficiary of 2 or more petitions to open offices within the prior twoyears and the employer has an adequate business plan, sufficient premises and adequatefinances. New criteria is enumerated for extensions of new office L-1s. Notwithstandingthese criteria, USCIS can extend if the employer “has been doing business at the newoffice through regular, systematic, and continuous” provision of goods and services for sixmonths preceding the extension petition and there are extraordinary circumstancesjustifying not meeting the criteria.*****Hatch 10Section 4301 is modified and the anti-outplacement provisions applicable to L-1s aremodified. L-1 employers that employ at least 15% of their employees in L-1 statusshall not place, outsource, lease, or otherwise contract for the services or placementof the worker with another employer. The previous version of S.744 made thisprovision apply to all L-1 employers. However, employers that are not L-1 dependentwill now not have to show that the third party employer has not engaged indisplacements. Instead, like the H-1B provisions, non-dependent employers will paya $500 fee for outplacements.Modifies Section 4703 regarding W-1 visas. Complaints regarding displacements ofUS workers must be made by an aggrieved applicant, employee or nonimmigrant.Previous version allowed any person to file a complaint.Section 4303. Cooperation with Secretary of State.USCIS and DOS are to work cooperatively to verify the existence of a company or office inthe US or in a foreign country.*****Section 4304. Limitation of Employment of L Nonimmigrants.Brings dependency concept from the H-1Bs to the L-1 category. For companies with 50+workers in the US, H-1B/L-1 totals may not exceed 75% in FY 2015; 65% in FY2016; and

50% from that year on. Nonprofit and university exception. Intending immigrants (seeabove) excluded from the calculation.*****Section 4305. Filing Fee for L NonimmigrantsFrom FY 2015 to 2024, $5000 for applicant that employs 50+ workers in the US if 30-50%are on an H-1B or L-1.From FY 2015 to 2017, $10,000 for applicant that employs 50+ workers in the US if 50-75% of its workers are on H-1B or L-1.Universities and research organizations are exempt. Intending immigrants (see above) arenot included in the calculation.*****Section 4306. Investigation and Disposition of Complaints Against L NonimmigrantEmployers.DHS can investigate an employer’s compliance with the new requirements and can set up acomplaint reporting system. No court review of a DHS investigation under this section. DHShas the power to fine under this section, conduct surveys to determine compliance andconduct annual audits of employers with 100+ employees in the US if more than 15% areon L-1s and such reports must be available to the public.*****Section 4307. Penalties.Fines may be up to $2000 per violation and employers can be debarred from filing L-1s fora year. Willful violators can face higher fines (up to $10,000 per violation) and a two yeardebarment as well as payment to harmed employees of lost wages and benefits.****Section 4308. Prohibition on Retaliation Against L Non-Immigrants.Bars retaliation against current or past employee or an applicant for employment becausethe employee has disclosed information that the employee reasonably believes shows aviolation of this section or cooperates or seeks to cooperate with the requirements of thissection.*****Section 4309. Reports on L Nonimmigrants.Adds L-1 to the list of non-immigrant categories about which DHS must annually report toCongress.

*****Section 4310. Application.The changes in this section only apply to cases filed on or after enactment of the law.*****Section 4311. Report on L Blanket Petition Process.Within 6 months of the date of enactment, the Inspector General of DHS must submit toCongress a report on the use of blanket petitions for L-1s including an assessment of theefficiency and reliability of the process and the whether there are sufficient safeguardsagainst fraud and abuse.*****Grassley 2Change Section 4311 to specify report on Blanket L visa process go to JudiciaryCommittees of Senate and House. [Grassley 2]Subtitle D – Other Nonimmigrant VisasSection 4401. Nonimmigrant Visas for StudentsF-1s coming for bachelor’s or graduate degrees will benefit from dual intent. Their spousesand children will be treated the same. Commuting Mexican and Canadian students are alsodual intent.DHS may require accreditation for purposes of F-1 sponsorship (religious institutionsexcepted). People with certain criminal and immigration violations are barred frombeing involved with an F-1 sponsoring institution.This section takes effect 180 days after the date of enactment.*****Grassley 77Amends Section 4401 by adding a new section at the end. DHS shall implement realtime transmission of data from SEVIS to databases used by CBP. DHS will get 120days after passage of the bill to get this implemented. Otherwise, the issuance of Fand M visas will be suspended until the requirement has been met. [Grassley 77]Section 4402. Classification for Specialty Occupation Workers from Free Trade Countries.Creates a new E-4 category for people from countries other than Chile, Singapore orAustralia with which the US has entered in to a free trade agreement with respect towhom the DOL determines and certifies to DHS and DOS that the intending employer hasfiled with the DOL an attestation under Section 212(t). This is the LCA provision applicable

to H-1B1s and E-3s. There is a cap of 5,000 per year (not applicable to spouses andchildren).A new E-5 is available to South Koreans with whom the DOL determines and certifies toDHS and DOS that the intending employer has filed with the DOL an attestation underSection 212(t).*****Schumer 3Amends Section 4402Creates a new E-6 non-immigrant visa for people coming from sub-Saharan Africancountries under section 104 of the African Growth and Opportunity Act or countriesdesignated under the Caribbean Basic Economic Recovery Act. Individuals are eligibleif they are coming to perform services as an employee and have at least a highschool education or its equivalent, or have, during the most recent 5- year period, atleast 2 years of work experience in an occupation which requires at least 2 years oftraining or experience.Annual cap of 10,500 for all nationalities covered under the E-6. [Schumer 3]Section 4403. E Visa Reform.For Irish nationals using an E-3, they must have at least a high school degree or, within 5years, at least two years of work experience in a job requiring at least 2 years of training orexperience.Creates a new waiver for E visa applicants who were immigration violators before theenactment of this law.Sets a cap of 10,500 for each of Ireland and Australia in the E-3 category.*****Section 4404. Other Changes to Nonimmigrant Visas.Adds portability to the O-1 visa category. Extends waiver of need for new consultation tothose seeking readmission within 3 years from the date of a consultation (currently twoyears).*****Section 4405. Treatment of Non-immigrants During Adjudication of Application.NIVs granted employment in these groupings (A, E, G, H, I, J, L, O, P, Q, R, TN) whosestatus has expired but whose employer or agent has filed a timely extension is authorizedto continue employment until the petition is adjudicated. Currently limited to 240 days.*****

Section 4406. Nonimmigrant Elementary and Secondary School Students.Ends 12 month limit on F-1 students attendance at elementary and secondary schools.*****Section 4407. J-1 Visa Exchange Visitor Program Fee.A $500 fee must be paid by the employer to the State Department for each non-immigrantadmitted.*****Section 4408. F-1 Visa Fee. A $100 fee is imposed on each F-1 student admitted.Schumer 4Section 4408 entitled “J Visa Eligibility for Speakers of Certain Foreign LanguagesCreates a new J-1 category for persons coming to the US to perform work involvingspecialized knowledge or skill, including teaching on a full-time or part-time basis,that requires proficiency of languages in countries of which fewer than 5,000nationals were lawfully admitted for permanent residence in the US in the previousyear. DOS must publish a list of the countries annually. [Schumer 4 (and Schumeramendment)]Klobuchar 3A new Section 4409 is added to Title IV, subtitle D. It requires the Department ofState to establish a pilot program for processing visitor visas using secure remotevideoconferencing technology as a method for conducing any required in personinterview of applicants. Within 90 days after the termination of the pilot program, theState Department shall submit a report to Congress that describes the results of theprogram and recommendations for whether the program should be continued,broadened, or modified. The State Department can scrap the program if they havesecurity concerns. [Klobuchar 3]Sessions 13Creates a new Section 4409 (will presumably be reconciled with the new 4409created in Klobuchar 3 entitled “Providing Consular Officers With Access to AllTerrorist Databases and Requiring Heightened Scrutiny of Applications for AdmissionFrom Persons Listed on Terrorist Databases.”Consular officers will have access to all terrorism records and databases maintainedby any agency or department to determine whether an applicant for admission posesa security threat to the US. The head of such an agency may withhold such records ifnecessary to prevent the unauthorized disclosure of information that clearly identifiesor might permit the identification of intelligence or sensitive law enforcementsources, methods or activities.DOS shall require every alien applying for admission to submit to biographic andbiometric screening to determine whether the alien’s name or biometric information

is listed in any terror watch list or database maintained by any agency or departmentof the US.No person shall be granted a visa if the alien’s name is listed in any watch list unlessscreening of the application against screening systems reveals no potentiallypertinent links to terrorism, the consular officer submits the application for furtherreview to the Secretary of State and the heads of other relevant agencies (includingDHS), and the Secretary of State in consultation with DHS certifies the alien isadmissible to the US.If DOS or DHS revokes a visa, the fact of the revocation shall be immediatelyprovided to relevant consular officers, law enforcement and terrorist screening basesand a notice of the revocation shall be posted to all DHS port inspectors and to allconsular officers. [Sessions 13 (as amended by Schumer Second Degree)]Hirono 15Creates a new section at the end of Subtitle D of Title IV. Because there are multipleamendments inserting text at this point, the actual section number will have to bedetermined later.The title of the section is “Treatment of Compact of Free Association Migrants.”With respect to Medicaid benefits, applicants lawfully residing in the US inaccordance with the Compacts of Free Association between the governments of theUS, Micronesia, the Marshall Islans and Palau shall remain eligible for benefits.[Hirono 15]Klobuchar 1At the end of Subtitle D of title IV, add a new Section 4409 (again, the actualnumber will be sorted later).Creates a new INA Section 106 entitled “Relief for Abused Derivative Aliens”.“Abused derivative alien” means a person who is the spouse or child admitted undera blue card status in this bill who has been subjected to battery or extreme crueltyby such principal alien. DHS can grant or extend status for an abused derivative alienfor the period for which the principal alien was initially admitted or a period of 3years. DHS may also grant extensions, employment authorization and adjust topermanent residency if DHS determines the alien’s continued presence in the US isjustified on humanitarian grounds, to ensure family unity or is otherwise in the publicinterest and the status under which the principal alien was admitted would havepotentially allowed for eventual adjustment of status.Termination of the relationship with the principal alien will not affect the status of anabused derivative alien. [Klobuchar 1]Feinstein 13Amends Section 4401. A very unrelated amendment was added to this bill thatextends the concept of “dual intent”. Makes the following NIV categories dual intent:

E, F-1, F-2, H-1B, H-1C, L, O, P, V, or W. Deletes physician J-1 dual intent language(This was accidental and is fixed by Klobuchar in the final amendment).Franken 9Creates a new as yet unnumbered section entitled “Permissible Use of AssistedHousing By Battered Immigrants”. The measure allows battered immigrants to beeligible to receive certain public and assisted housing.*****Subtitle E – JOLT ActSection 4501. Short Titles.This section incorporates the Jobs Originated through Launching Travel Act of 2013” or the“JOLT Act”.*****Section 4502. Premium Processing.DOS shall establish a pilot program to charge a fee-based premium processing amount toexpedite interview appointments. DOS must report on the results within 18 months afterthe date of enactment.*****Section 4503. Encouraging Canadian Tourism to the United StatesDHS may admit Canadians in B-2 status for periods up to 240 days if the applicant is aCanadian citizen over 55 with a residence in Canada and owning a residence in the US orhaving signed a rental agreement for accommodations in the US for the duration of theintended stay. Applicants may not engage in work or apply for public benefits. Spousesare entitled to a derivative benefit if not independently eligible. Maintaining a residence inthe US shall not be considered evidence of intent to abandon residence in Canada.*****Section 4504. Retiree Visa.A new Y visa is created for aliens who use at least $500,000 in cash to buy one or moreresidences in the US which each sold for more than 100% of the most recent appraisedvalue as determined by the property assessor in the city or country where it is located. TheY visa holder must own property worth at least $500,000 during the entire period theperson remains in the US and resides for more than 180 days per year in a residence inthe US worth at least $250,000. Spouses and children may accompany the applicant.Applicants must be 55 or over and have health insurance coverage. Work is not authorizednor is access to any form of assistance or public benefit. The visa is valid in three yearincrements.*****

Section 4505. Incentives for Foreign Visitors Visiting the United States During Low PeakSeasons.DOS shall publish data on availability of visa appointments for each processing post to allowpeople to better see periods of low demand and shorter wait times.*****Section 4506. Visa Waiver Program Enhanced Security and Reform.Gives more flexibility to DHS to designate Visa Waiver countries. If the percentage ofoverstays is less than 3% and the country uses machine-readable visas. The 3% rate canbe waived if a country meets all the other requirements, there is a low security risk, thereis a general downward trend in visa refusals and the country has consistently cooperatedwith the US in counterterrorism initiatives and extraditions and the overall visa denial rateis under 10%.DHS can also now put a country in a probationary status.*****Section 4507. Expediting Entry for Priority VisitorsCertain individuals employed by international organizations may be added to DHS registeredtraveler programs.*****Section 4508. Visa Processing.DOS shall require consulates to conduct visa interviews in an “expeditious” manner and set aprocessing goal of three weeks. For China and Brazil, the goal is 15 work days.*****************************************************************Title IV, part 2 – H-2B visas, Guest Workers and Investor VisasSUBTITLE F – Reforms to the H-2B Visa ProgramSection 4601. Extension of Returning Working Exemption to H-2B Numerical Limitation.From FY 2014 to FY 2018, H-2Bs counted toward the cap of 66,000 won’t be counted againagainst the cap if they return in one of those years.Ski instructors are added to the list of P visa occupations, but they can still qualify as H-2Bs. This provision shall take effect immediately upon passage of the bill.*****Section 4602. Other Requirements for H-2B Employers.

[ADDS BUSINESS VISITOR RULES AS WELL] Adds a new non-displacement requirementto the H-2B program that is similar to the H-1B one.Employers must attest that they did not and will not displace US workers within the samemetropolitan statistical area within the period beginning 90 days before the state date andending on the end date for which the employer is seeking H-2B workers.Employers are responsible for paying transportation costs for H-2B workers from the placerecruited to the place of employment and from the place of employment home.All fees must be paid by the employer and may not be deducted from the wages paid toan H-2B non- immigrant.DOL is authorized to charge a $500 fee for its part of the process.Rules for executives and managers are put in this section even though this has nothing to dowith H-2Bs. Executives and managers employed by a company who are principally stationedabroad for periods of 90 days or less to oversee and observe the US operations of theirrelated companies and establish strategic objectives when needed or employees ofmultinational companies who enter the US to observe the operations of a related UScompany and participate in selecting leadership and development training activities, for aperiod less than 180 days may be admitted as a non-immigrant to engage in these activitiesas long as they do not receive a salary from a US source, except for incidental expenses formeals, travel, lodging and other basic services.B visa holders may accept honorarium payments and associated incidental expenses forusual academic activities or for a performance, appearance and participation in US basedprogramming, including scripted or unscripted programming (with services not renderedfor more than 60 days in a six month period) if the alien has received a letter of invitationfrom the institution, organization, or media outlet, such payment is offered by a qualifiedorganization (see below) and is made for services conducted for the benefit of thatorganization. The alien may not have accepted such payment or expenses from more thanfive such organizations in the previous six month period.Applicants qualifying under this provision may enter in B status or any other valid visawithout reentering the US and without a letter of invitation, if the person does not receiveany pay, but may receive prize money.Qualified institutions, organizations, or media outlets include institutions of highereducation, nonprofit research organizations, governmental research organizations, andbroadcast networks, cable entities, production companies, new media, Internet and mobilebased companies who distribute programming content.*****Section 4603. Non-immigrants Participating in Relief Operations.Individuals and groups coming to participate in critical infrastructure repairs orimprovements in response to a Federal or State declared emergency or disaster.Admissions may be up to 90 days if the applicant has been employed in a foreign countryby 1 employer for not less than 1 year prior to the date the person is admitted. The personmay not be paid from a US source except for incidental expenses.

*****Section 4604. Non-immigrants Performing Maintenance on Common Carriers.A new Z visa is created for people with specialized knowledge coming individually or as partof a group to perform maintenance for common carriers, including to airlines, cruise linesand railways if the equipment was manufactured outside the US and are needed forpurposes related to life, health and safety , may be admitted for up to 90 days if the personhas been employed in a foreign country by one employer for not less than one year fromthe date the person is admitted. Pay must come from a source outside the US except forincidental expenses. The visa will come with a $500 fee.*****Subtitle G – W Nonimmigrant VisasSection 4701. Bureau of Immigration and Labor Market ResearchDefinitions-- Bureau – the Bureau of Immigration and Labor Market Research- Commissioner – Commissioner of the Bureau- Construction Occupation – defined by BLS within the construction industry- Metropolitan Statistical Area – geographic area designated as a MSA by OMB- Shortage Occupation – an occupation that the Commissioner determines isexperiencing a shortage of labor throughout the US or in a specific MSA.- W Visa Program – the program for the admission of guest workers- Zone 1 Occupation – a job requiring little preparation and is classified as zone 1by the DOL’s O*NET database- Zone 2 Occupation - a job requiring some preparation and is classified as zone 2by the DOL’s O*NET database- Zone 3 Occupation - a job requiring medium preparation and is classified as zone3 by the DOL’s O*NET databaseThe Bureau is to be created as an independent statistical agency within USCIS. TheCommissioner of the Bureau is to be appointed by the President with the consent of theSenate. The Commissioner is charged with devising a methodology to determine thenumerical limit for W-1 NIVS as well as the annual change in numerical limits. TheCommissioner may supplement the recruitment methods employers may use to attract Wnon-immigrants, to devise a methodology to designate shortage occupations, to conductsurveys of the unemployment rate in Zone 1, 2 and 3 occupations that are constructionoccupations in each MSA and to report to Congress on employment-based IV and NIVprograms.

The Commission’s methodology for determining the W visa cap and for determiningshortage occupations will be published within 18 months of passage of the bill. Regardingshortage occupations, the methodology will allow for an employer to petition for adetermination that a particular occupation in an MSA is a shortage occupation.The employees of the Bureau shall have the expertise to identify labor shortages andmake recommendations. The Bureau will cooperate with the Census Bureau, the Dept. ofCommerce, DOL, and BLS.*****Section 4702. Nonimmigrant Classification for W Non-immigrantsCreates a new W visa for aliens having a foreign residence who come to the US to performservices or labor for a registered employer in a registered position. The spouse or childrenof a W nonimmigrant may be allowed to accompany or follow to join the W visa holder.*****Section 4703. Admission of W Nonimmigrant Workers.Defines various terms.Ws are eligible to be admitted to the US if they are hired by a registered employer in aregistered position in a location that is not an excluded geographic location.Spouses and minor children can come as derivatives and engage in employment while here.Ws shall apply for a visa at a consulate. To be eligible, the applicant must not beinadmissible, pass a criminal background check , agree to accept only registered positions inthe US and meet other criteria set by DHS.The W worker must show up for work within 14 days of entering the US. The term ofadmission is three years. Renewals within the US are permitted for up to three years at atime.Ws can be unemployed for up to 60 days and then have to leave if they have not found aqualifying position.Ws are authorized to travel in and out of the US during their W visa term.Employers seeking W workers must submit an application to register with DHS.Documentation included must show the employer is a real employer, the FEIN and thenumber of W workers sought.DHS may refer cases for fraud investigation. Employers may be barred from applying ifthey are engaged in fraud or misrepresentations or committed various infractures.Ineligibility can continue for up to three years.A registered employer may submit a position as a registered position. It shall include anattestation setting out the number of employees, offered wages, and whether the soughtposition is in a shortage occupation. The employer has to engage in minimum recruiting.

Schumer 5Amends Section 4703 dealing with W visas. Defines “initial W nonimmigrant” as oneseeking initial admission to the US to begin employment for a registered employer ina registered position.DHS shall develop and maintain a registry of approved registered positions for Wstatus and will make the registry available on a web site maintained by DHS andlinked by state workforce agencies. All approved registered positions for which apermit has been issued will be included in the registry and will indicate if the positionis filled or unfilled. If a W visa holder’s employment ends, DHS shall ensure that theregistry indicates that the registered position is unfilled for a period of 10 calendardays unless the position gets filled by a US worker.W vacancies created by the termination of employment may be filled by hiring a USworker or, after ten days of positing, by hiring a W nonimmigrant or a certified alien.Allows for certain positions that are re-filled after a W nonimmigrant leaves andwhich are filled by another W nonimmigrant not to count against the W cap. Allowsuse of safety valve only if employers have tried to recruit available W nonimmigrantswho are not initial W nonimmigrants. 3, rather than 7, recruiting steps must betaken for these individuals. For W nonimmigrants who are not initial Ws, they can bepaid the regular prevailing wage for safety valve applications and these hires won’treduce the cap on Ws for the following year.Adds to the electronic monitoring of W visa holders to require they update thesystem when W nonimmigrants start and end employment in registered positions.The data will flow in to the new registry. [Schumer 5 with additional Schumerchange]Schumer 1Amends Section 4707 to only require $500 fee for J-1s in summer work travelprograms (as opposed to all J-1s). The fees must be paid by the program sponsorand cannot be passed on to the nonimmigrant. [Schumer 1]*****SUBTITLE H – Investing in New Venture, Entrepreneurial Startups and Technologies.Section 4801. Nonimmigrant Invest VisasCreates a new X visa for qualified entrepreneurs who have demonstrated during the 3 yearperiod prior to filing the application that- A qualified venture capitalist, super angel investor, government entity, communitydevelopment financial institution or other type of investors approved by USCIS hasdevoted at least $100,000 to the applicant’s US business entity, or- The US business entity has created no fewer than 3 qualified jobs and during the2 year period prior to filing has generated not less than $250,000 in annualrevenue.

Valid for initial 3 year period. May be renewed for additional 3 year periods if during themost recent 3 year period the applicant’s US business created no fewer than 3 qualifiedjobs and a venture capitalist, super angel investor, government entity, communitydevelopment financial institution or other type of investors approved by USCIS hasdevoted at least $250,000 to the applicant’s US business entity or the US business entityhas created no fewer than 3 qualified jobs and during the 2 year period prior to filing hasgenerated not less than $200,000 in annual revenue.USCIS can waive the above renewal requirement is USCIS finds the applicant has madesubstantial progress in meeting the above criteria and the renewal is economically beneficialto the US.*****Whitehouse 1This section makes changes to the new INVEST visas. Amends Section 4801 to add“qualified startup accelerators” to the types of entities that can make investments inimmigrant ventures for purposes of qualifying for INVEST visas.Allows investments from multiple investors or entities to be combined to meet theinvestment thresholds.Defines ‘qualified startup accelerator’ as a company that in the ordinary course ofbusiness, provides a program of training, mentorship, and logistical support to assistentrepreneurs in growing their businesses and is managed by individuals, themajority of whom are US citizens or permanent residents or entities organized in theUS or is an entity that has received not less than $250,000 from a government entityin the previous five years and regularly makes grants to companies that participatesin its programs. Such companies must regularly take equity stakes in the companiesthat participate in their programs including acquiring in the last five years equity inno fewer than 10 US business entities that have participated in its programs. Suchbusinesses must have secured not less than $100,000 in initial investments or duringthe two year period following such acquisition generated not less than $500,000 inrevenues. [Whitehouse 1]Section 4802. INVEST Immigrant Visa.Contains definitions of “Qualified Community Development Financial Institution”, “QualifiedEntrepreneur”, “Qualified Government Entity”, “Qualified Investment”, “Qualified Job”,“Qualified Super Angel Investor”, “Qualified Venture Capitalist”, Senior Executive Position”and “United States Business Entity”.10,000 INVEST green cards available per year.Eligibility –1. The applicant is a qualified entrepreneur2. The applicant maintained a valid nonimmigrant status in the US for at least 2 years3. During the 3 year period prior to filing,

a) the applicant has a significant ownership in a US business that has created nofewer than 5 qualified jobs andb) A qualified venture capitalist, super angel investor, government entity,community development financial institution or other type of investors approvedby USCIS has devoted at least $500,000 to the applicant’s US business entity, orthe US business entity has created no fewer than 5 qualified jobs and during the 2year period prior to filing has generated not less than $750,000 in annual revenue.Limit of 2 immigrant investors per business entity. Alternate basis of eligibility.1. The applicant is a qualified entrepreneur.2. The applicant maintained a valid nonimmigrant status in the US for at least 3 years3. The applicant has an advanced degree in a STEM field4. During the 3 year period prior to filing the green card application,a) the applicant has a significant ownership in a US business that has created nofewer than 4 qualified jobs andb) A qualified venture capitalist, super angel investor, government entity,community development financial institution or other type of investors approved byUSCIS has devoted at least $500,000 to the applicant’s US business entity, orThe US business entity has created no fewer than 3 qualified jobs and during the 2year period prior to filing has generated not less than $500,000 in annual revenue.Limit of 3 immigrant investors per business entity.*****Section 4803. Administration and Oversight.Regulations must be issued not later than 16 months after enactment. Regulations can beissued from time to time increasing each dollar amount above to account for inflation ordeflation.Leahy 2This is a major EB-5 reform bill coming in at 31 pages. There’s a technical changefirst. The elimination of the sunset of the EB-5 program in Section 2319 is deletedand moved to a new Section 4804 entitled “Permanent Authorization of EB-5Regional Center Program. At the end of the EB-5 language in INA Section 203(b)(5),a major new section is added regarding EB-5 regional centers.Regional Centers must promote economic grown including increased export sales,improved regional productivity, job creation or increased domestic capitalinvestment. Regional centers have jurisdiction over a defined geographic area.Approval may be based on:

- The kinds of commercial investments that will receive investments- The jobs will be created directly or indirectly as a result of such investments- Other positive effects such investments will haveRegarding job creation documentation for regional centers, DHS shall permitapplicant immigrants to establish reasonable methodologies to document jobcreation (including jobs created indirectly) through revenues generated fromincreased exports, improved regional productivity, job creation; or increaseddomestic capital investment resulting from the program, including jobs createdoutside the geographic boundary of the regional center as a result of the immigrant’sinvestment in regional center-affiliated commercial enterprises.EB-5 immigrants would be able to satisfy 10 jobs created requirement throughshowing indirect job creation. [The language is a little unclear here].Allows enterprises affiliated with regional centers to pre-submit to USCIS businessplans, investment documents and credible economic analyses for specific projects.USCIS can pre-approve the projects and charge a fee for this service. Pre-approvalmeans petitions adjudicated for that project should be approved unless there isevidence of fraud, misrepresentation, criminal misuse, a threat to national securityor other evidence affecting program eligibility that was not disclosed by thepetitioner during the preapproval process.Premium processing will be available for people applying based on pre-approvedprojects.Oversight of regional centers. RCs shall annually submit to DHS financial statementsincluding an accounting of all foreign investor money invested through the RC andfor each project:- an accounting of the aggregate capital invested through the RC or affiliatedenterprises by EB-5 investors,- a description of how the funds are being used to execute the business plan- evidence that 100% of investor funds have been dedicated to the project- detailed evidence of the progress made toward completion of the project- an accounting of the aggregate direct and indirect jobs created or preserved- a certification by the RC that such statements are accurateNew sanctions are created for RCs providing insufficient financial statements.Graduated sanctions. First, fines of up to 5% of the capital invested by immigrants.Then temporary suspension from participating in the program. Then permanent barfor one or more individuals affiliated with the RC. Then termination of the RC status.No key individuals associated with RCs if DHS finds they have been found liablewithin the previous five years of any criminal or civil violations relating to fraud ordeceit or at any time with a criminal conviction of at least one year or a criminal/civilviolation of any law or regulation in connection with the sale of a security. DHS alsocan bar individuals if they know have reasonable cause to believe they’re engaged inillicit trafficking of controlled substances, activities relating to espionage or sabotage,activities related to money laundering, terrorist activities, human trafficking orhuman rights offenses, or violations of any laws on foreign financial transactions orforeign asset control.

Background checks via the submission of biometric information.New section on RC termination. DHS has unreviewable discretion If they have badactors working there based on section above, if any persons involved with the RChave failed to provide an attestation or information requested by DHS, or the RC orany persons associated with the RC is engaged in fraud, criminal use or threats tonational security.RC Compliance with Securities laws. All RC designation applications and amendmentapplications must have a certification of compliance with securities laws. Must alsocertify on an annual basis. DHS given unreviewable discretion to suspend or revokeRC designation if there are security law violations or false statements.Provides a process for USCIS to revoke or deny an RC approval when rules areviolated as well as to deny I-829 petitions to remove conditions on permanentresidency status.USCIS should consult with the Department of Commerce in determining RCdesignations and on the meeting of job creation requirements.The provisions in this new section are effective upon enactment and will apply topending RC designation applications. Applies to any RCs pending on the date ofenactment. For RCs approved before the date of enactment the effective date will beon or after a delayed effective date that is 1 year after such date of enactment withrespect to any person involved in the RC after the delayed effective date.New Section 4805. Conditional Permanent Resident Status for Employment-BasedImmigrants, Spouses and Children.Amends INA Section 216A on removal of conditions on green card. Spouses or kidsshall not be required to file separate I-829 petition if the principal applicant includesthe family members in his or her I-829. If the dependent obtains permanentresidence after the date when the principal files an I-829, the conditional basis of thedependent shall be removed upon approval of the principal’s I-829 and thedependent’s permanent residency will be unconditional when it is approved. Provideschild status protection to I-526 and I-829 applicants. Will be considered under 21 ifapplication pends past their 21st birthdays.Higher fees for I-829s if multiple family members included in same petition.New exception in removal of condition cases. New special rule for alien investors in aregional center. Exception to removal of condition requirements if the alien investedin a regional center and files financial statements filed by the RC in which the personinvested.Gives authority to DHS to revoke conditional resident status if there is fraud,misrepresentation, criminal misuse, threats to national security.New Section 4806. EB-5 Visa Reforms.Removes dependents from EB-5 cap.Targeted Employment Areas. At least 5,000 EB-5s reserved for TEAs. TEAdesignations shall be valid for five years and may be renewed for additional 5-yearperiods if the area continues to meet the definition of a high unemployment or

poverty area. People who invest in an area that has the status and then loses thestatus won’t have to increase investment as a result.Beginning 1/1/2016, the investment amounts required for EB-5 will adjust based onchanges in the Consumer Price Index. A new adjustment will happen every five yearsthereafter.New definition of “full-time employment”. Includes intermittent or seasonalemployment opportunities and construction jobs using a “full-time equivalents”determination.“Capital” defined to include all real, personal or mixed assets, whether tangible orintangible, owned or controlled by the investor, or held in trust for the benefit of theinvestor, to which the investor has unrestricted access, which shall be valued at thefair market value in US dollars at the time it is invested.“full-time employment” requires at least 35 hours of service per week.“high unemployment and poverty area” means an area consisting of a census tractor contiguous census tracts that has an unemployment rate at least 150% of thenational rate and includes at least one tract with 20% of its residents living belowthe federal poverty level OR is in a federal enterprise zone.“rural area” means any area outside a metropolitan statistical area or within theouter boundary of any town with more than 20,000 people OR any town with fewerthan 20,000 people in a state with fewer than 1,500,000 people.“targeted employment area” means a rural area or a high unemployment andpoverty area.This new definitions section applies to any applications filed on the date that is oneyear after the date of enactment.New INA section 203(h)(5) on determining the age of children of alien investors.Children admitted for permanent residence on a conditional basis under EB-5 whoseconditional status is terminated because the conditional residency application wasnot approved, shall continue to be considered a child if the alien remains unmarriedand the principal alien files a new petition within a year of the termination ofconditional status. Can use this provision only one time.DHS may delegate responsibility for determinations of I-526 and I-829 applicationsto the Department of Commerce including the job creation parts. Application fees willbe used to reimburse the Commerce Department.Permits concurrent filing of I-526 and adjustment of status petitions if a visa numberis available. [Leahy 2]Grassley 16Carves out the dual intent and later sections of Section 4401 and moves them in to anew Subtitle I – Student and Exchange Visitor Programs at the end of Title IV.Section 4901. Short Title. May be cited as the “Student Visa Integrity Act.”

Section 4902. SEVIS and SEVP Defined.Section 4903. Increased Criminal Penalties.Increases penalty from 10 to 15 years for crimes associated with the SEVIS system.Section 4904. Accreditation Requirement.Defines “accredited” for F-1 sponsorship by colleges, universities, or languagetraining programs as being any program accredited by an accrediting agencyrecognized by the Secretary of Education.Section 4905. Other Academic Institutions.DHS shall require accreditation of academic institutions for F-1s if the institution isnot already required to be accredited under the F-1 rules and an appropriateaccrediting agency recognized by the Department of Education is able to providesuch attestation. DHS will have the ability to waive the requirement for institutionswaiting more than a year for accreditation to be approved and it is making continuedprogress toward accreditation.Section 4906. Penalties for Failure to Comply with SEVIS Reporting Requirements.The 1996 Immigration Act’s Section 641 is amended to allow institutions notcomplying with the SEVIS requirements to be fined and barred from issuing I-20s.Section 4907. Visa Fraud.If DHS has “reasonable suspicion” that an owner of, or a designated school officialat, an approved institution of higher education, an approved educational institutionor a designated exchange visitor program has committed fraud or attempted tocommit fraud relating to SEVIS or if such owner or designated school official isindicted for such fraud, DHS may immediately suspend such certification withoutprior notification and suspend such official’s or such school’s access to SEVIS.A conviction of fraud shall lead to a permanent disqualification from filing futurepetitions and from having an ownership interest or a management role in any USeducational institution that enrolls F or M students.Section 4908. Background Checks.Individuals cannot be designated school officers or granted access to SEVIS unlessthe individual is a national of the US or a permanent resident and during the mostrecent 3-year period DHS has conducted a background check on the individual anddetermined the person has not been convicted of an immigration violations or is anational security risk and the individual has completed an online SEVIS trainingcourse.Individuals may serve as interim DSOs while the background check is going on. Ifthe interim DSO doesn’t successfully complete the background check, DHS shallreview each Form I-20 issued by the interim DSO.DHS may collect a fee from an approved school for each background checkconducted under this section.

The section takes effect one year after enactment.Section 4909. Revocation of Authority to Issue Form I-20 of Flight Schools NotCertified by the Federal Aviation Administration.Immediately after passage of the bill, DHS shall prohibit any flight school in the USfrom accessing SEVIS or issuing a Form I-20 to an alien seeking a student visa underthe F or M programs if the school has not been certified by DHS and the FAA.Section 4910. Revocation of Accreditation.When an accrediting agency is required to notify the Secretary of Education and thestate licensing authority of the final denial, withdrawal, suspension or termination ofaccreditation of an institution pursuant to section 496 of the Higher Education Act of1965, the agency shall notify DHS and DHS shall immediately withdraw the schoolfrom SEVP and prohibit the school from accessing SEVIS.Section 4911. Report on Risk Assessment.Within six months of enactment of the bill, DHS shall submit to the JudiciaryCommittees of both chambers a report containing a risk assessment strategy to beemployed by DHS to identify, investigate and take appropriate action against schoolsand officials that are facilitating the issuance of Form I-20 and the maintenance ofstudent visa status in violation of immigration law.Section 4912. Implementation of GAO Recommendations.Within six months of enactment of the bill, DHS shall submit to the JudiciaryCommittees of each House a report describing the risks of SEVP, a process ofallocate SEVP’s resources based on risk, quality control procedures, and monitoringand other aspects of the student programs.Section 4913. Implementation of SEVIS II.Within two years after enactment, DHS shall complete the deployment of bothphases of the 2nd generation of the SEVIS system. [Grassley 16]Hirono 2Section amended is not yet stated. The provision would permit nonimmigrant aliencrewman to land temporarily in Hawaii.The person must be coming to the US to perform work involving specializedknowledge or skill, including teaching on a full-time or part-times, requiring theperson work involving specialized knowledge and has knowledge of a language thatrequires Spanish or French. [Hirono 2 (with Hirono Second Degree)]Hirono 4Adds new section to Title IV (number not determined yet). Visa Waiver Programmodified. Section 217(c) to allow Hong Kong eligibility for participation. Hong Kongwould still need to qualify for VWP eligibility, but this allows the country to

participate for the first time since it has previously not been considered an eligiblecountry. [Hirono 4]