S.Amdt. 3263

1. 1

   Change 1: Strikes subtitle A of title VI

   Strikes

   Removes subtitle A of title VI.

   Original wording

   Strike subtitle A of title VI

2. 2

   Change 2: Adds Subtitle A--Guest Worker Status for Unauthorized Aliens SEC. 601. NEW GUEST WORKER CATEGORY at the end of the bill

   Adds a section

   In S. 2454 · Placed on Calendar Senate

   The Attorney General, in consultation with the Secretary, shall, as soon as practicable but not later than 90 days after the date of the enactment of this Act, submit to Congress a draft of any technical and conforming changes in the Immigration and Nationality Act which are necessary to reflect the changes in the substantive provisions of law made by the Homeland Security Act of 2002, this Act, or any other provision of law.

   Inserted: Subtitle A--Guest Worker Status for Unauthorized Aliens SEC. 601. NEW GUEST WORKER CATEGORY.

   Inserted: (a) In General.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended by adding at the end the following:

   Inserted: "(W) an alien who--

   Inserted: "(i) maintained a residence in the United States on December 31, 2005;

   Inserted: "(ii) was not legally present in the United States on December 31, 2005;

   Inserted: "(iii) is performing labor or services in the United States; and

   Inserted: "(iv) meets the requirements of section 218D.".

   Inserted: (b) Technical Amendments.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--

   Inserted: (1) in subparagraph (U)(iii), by striking "or" at the end; and

   Inserted: (2) in subparagraph (V)(ii)(II), by striking the period at the end and inserting a semicolon and "or".

   Inserted: SEC. 602. CHANGE OF STATUS FOR UNAUTHORIZED ALIENS.

   Inserted: (a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended by inserting after section 218 the following new section:

   Show 123 more inserted paragraphsShow less

   Inserted: "SEC. 218D. CHANGE OF STATUS FOR UNAUTHORIZED ALIENS.

   Inserted: "(a) In General.--The Secretary of Homeland Security shall grant nonimmigrant status under section 101(a)(15)(W) to an alien who is in the United States illegally if such alien meets the requirements of this section.

   Inserted: "(b) General Requirements.--An alien may be eligible for a change of status under this section if the alien meets the following requirements:

   Inserted: "(1) Presence.--

   Inserted: "(A) In general.--An alien must establish that the alien was physically present in the United States on December 31, 2005 was not legally present in the United States on that date, and has remained in the United States since that date.

   Inserted: "(B) Evidence.--An alien may provide evidence to meet the requirement for presence under subparagraph (a), including--

   Inserted: "(i) a record maintained by the Federal government or a State or local government;

   Inserted: "(ii) a record maintained by an employer;

   Inserted: "(iii) a housing lease or contract;

   Inserted: "(iv) medical documentation; and

   Inserted: "(v) sworn and certified affidavits.

   Inserted: "(2) Employment.--

   Inserted: "(A) In general.--An alien shall establish that the alien was employed in the United States on December 31, 2005, and has not been unemployed in the United States for 30 or more consecutive days since that date.

   Inserted: "(B) Evidence.--An alien may provide evidence to meet the requirement for employment under subparagraph (a), including--

   Inserted: "(i) a record maintained by the Federal government or a State or local government;

   Inserted: "(ii) a record maintained by an employer; and

   Inserted: "(iii) sworn and certified affidavits.

   Inserted: "(3) Medical examination.--An alien shall, at the alien's expense, undergo a medical examination (including a determination of immunization status) that conforms to generally accepted professional standards of medical practice.

   Inserted: "(c) Application Content and Waiver.--

   Inserted: "(1) Application form.--The Secretary of Homeland Security shall create an application form that an alien shall be required to complete as a condition of obtaining a change of status under this section.

   Inserted: "(2) Content.--In addition to any other information that the Secretary determines is required to determine an alien's eligibility for a change of status under this section, the Secretary shall require that the alien--

   Inserted: "(A) provide answers to questions concerning the alien's criminal history and gang membership, immigration history, and involvement with groups or individuals that have engaged in terrorism, genocide, persecution, or who seek the overthrow of the Government of the United States;

   Inserted: "(B) provide any Social Security account number or card in the possession of the alien or relied upon by the alien; and

   Inserted: "(C) provide any false or fraudulent documents in the alien's possession.

   Inserted: "(3) Waiver of rights.--

   Inserted: "(A) Authority to request.--The Secretary shall request that an alien include with the application a waiver of rights that states that the alien, in exchange for the benefit of obtaining a change of status under this section, agrees to waive any right--

   Inserted: "(i) to administrative or judicial review or appeal of an immigration officer's determination as to the alien's admissibility; or

   Inserted: "(ii) to contest any removal action, other than on the basis of an application for asylum pursuant to the provisions contained in section 208 or 241(b)(3), or under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, if such removal action is initiated after the termination of the alien's period of authorized admission as a nonimmigrant under this section.

   Inserted: "(B) Refusal to waive.--The Secretary may refuse to grant nonimmigrant status to an alien under this section because an alien does not submit the waiver described in subparagraph (A).

   Inserted: "(C) Knowledge.--The Secretary of Homeland Security shall require an alien to include with the application a signed certification in which the alien certifies that the alien has read and understood all of the questions, statements, and terms of the application form, and that the alien certifies under penalty of perjury under the laws of the United States that the application, and any evidence submitted with it, are all true and correct, and that the applicant authorizes the release of any information contained in the application and any attached evidence for law enforcement purposes.

   Inserted: "(4) Application fee and fines.--

   Inserted: "(A) Requirement to pay.--An alien applying for a change of status under this section shall pay--

   Inserted: "(i) a $250 visa issuance fee in addition to the cost of processing and adjudicating such application; and

   Inserted: "(ii) a fine of $1000.

   Inserted: "(B) Construction.--Nothing in this paragraph shall be construed to affect consular procedures for charging reciprocal fees.

   Inserted: "(d) Admissibility.--

   Inserted: "(1) In general.--In determining an alien's eligibility for a change of status under this section--

   Inserted: "(A) the alien shall establish that the alien--

   Inserted: "(i) except as provided in subparagraph (B), is admissible to the United States; and

   Inserted: "(ii) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion;

   Inserted: "(B) paragraphs (5), (6)(A), and (7) of section 212(a) shall not apply to the admissibility of such alien;

   Inserted: "(C) the Secretary of Homeland Security may waive any other provision of section 212(a), or a ground of ineligibility under paragraph (4), in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.

   Inserted: "(2) Waiver fee.--An alien who is granted a waiver under subparagraph (C) shall pay a $100 fee upon approval of the alien's visa application.

   Inserted: "(e) Ineligible.--An alien is ineligible for the change of status provided by this section if the alien--

   Inserted: "(1) is subject to a final order of removal under section 240;

   Inserted: "(2) failed to depart the United States during the period of a voluntary departure order under section 240B;

   Inserted: "(3) has been issued a Notice to Appear under section 239, unless the sole acts of conduct alleged to be in violation of the law are that the alien is removable under section 237(a)(1)(C) or is inadmissible under section 212(a)(6)(A);

   Inserted: "(4) fails to comply with any request for information made by the Secretary of Homeland Security; or

   Inserted: "(5) commits an act that makes the alien removable from the United States.

   Inserted: "(f) Implementation and Application Time Periods.--

   Inserted: "(1) In general.--The Secretary of Homeland Security shall ensure that the application process for an adjustment of status under this section is secure and incorporates antifraud protection.

   Inserted: "(2) Application.--An alien must submit an initial application for a change of status under this section not later than 3 years after the date of the enactment of the Comprehensive Immigration Reform Act of 2006. An alien that fails to comply with this requirement is ineligible for a change of status under this section.

   Inserted: "(3) Completion of processing.--The Secretary of Homeland Security shall ensure that all applications for a change of status under this section are processed not later than 3 years after the date of the application.

   Inserted: "(4) Location.--An alien applying for a change of status under this section need not depart the United States in order to apply for such a change of status.

   Inserted: "(g) Failure to Act.--An alien unlawfully in the United States who fails to apply for a change of status pursuant to this section or fails to depart from the United States prior to the date that is 6 years after the date of the enactment of the Comprehensive Immigration Reform Act of 2006 is not eligible and may not apply for or receive any immigration relief or benefit under this Act or any other law, with the exception of section 208 or 241(b)(3) or the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984.

   Inserted: "(h) Security and Law Enforcement Background Checks.--

   Inserted: "(1) Biometric data.--An alien may not be granted a change of status under this section unless the alien submits biometric data in accordance with procedures established by the Secretary of Homeland Security.

   Inserted: "(2) Background checks.--The Secretary of Homeland Security may not grant a change of status under this section until all appropriate background checks, including any that the Secretary, in the Secretary's discretion may require, are completed to the satisfaction of the Secretary of Homeland Security.

   Inserted: "(i) Duration, Extension, and Reentry.--

   Inserted: "(1) Duration and extension.--The period of authorized admission for an alien granted a change of status under this section shall be 3 years, and may be extended for 2 additional 3-year periods if the alien remains employed with an employer who complies with the requirements of the Comprehensive Immigration Reform Act of 2006 and the amendments made by that Act.

   Inserted: "(2) Application for extension.--

   Inserted: "(A) In general.--An alien granted a change of status for a 3-year period under this section who is seeking an extension of such status shall submit an application for such extension no more than 90 days and no less than 45 days before the end of such 3-year period. The application shall provide evidence of employment with an employer that complies with the requirements of the Comprehensive Immigration Reform Act of 2006 and the amendments made by that Act.

   Inserted: "(B) Fee.--An alien who submits an application for an extension described in subparagraph (A), shall pay a $100 fee with such application.

   Inserted: "(3) Reentry.--Unless an alien is granted a change of status or adjustment of status pursuant to subsection (n), an alien granted a change of status pursuant to subsection (a) shall, upon the expiration of the time period for authorized admission under this section, leave the United States and be ineligible to reenter the United States, or receive any other immigration relief or benefit under this Act or any other law, with the exception of section 208 or 241(b)(3) or the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, until the alien has resided continuously in the alien's home country for a period of not less than 3 years.

   Inserted: "(j) Standards for Documentation.--

   Inserted: "(1) In general.--The Secretary of Homeland Security shall ensure that the document issued to provide evidence of status under this section shall be machine-readable, tamper-resistant, and allow for biometric authentication. The Secretary of Homeland Security is authorized to incorporate integrated-circuit technology into the document.

   Inserted: "(2) Consultation.--The Secretary of Homeland Security shall consult with the head of the Forensic Document Laboratory and such other Federal agencies as may be appropriate in designing the document.

   Inserted: "(3) Use of document.--The document may serve as a travel, entry, and work authorization document during the period of its validity.

   Inserted: "(k) Failure to Depart.--

   Inserted: "(1) Inadmissability for failure to depart.--Subject to paragraph (2), an alien who fails to depart the United States prior to the date that is 10 days after the date that the alien's authorized period of admission under this section ends is not eligible for and may not apply for or receive any immigration relief or benefit under this Act or any other law for a period of 10 years.

   Inserted: "(2) Exception.--The prohibition in paragraph (1) may not be applied to prohibit the admission of an alien under section 208 or 241(b)(3) of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984.

   Inserted: "(l) Travel Outside the United States.--

   Inserted: "(1) In general.--An alien granted a change of status under this section and the spouse or child of such alien admitted pursuant to subsection (o)--

   Inserted: "(A) may travel outside of the United States; and

   Inserted: "(B) may be readmitted without having to obtain a new visa if the period of authorized admission under this section has not expired.

   Inserted: "(2) Effect on period of authorized admission.--Time spent outside the United States under paragraph (1) may not extend the period of authorized admission in the United States permitted for an alien under this section or for the spouse or child of such alien admitted under subsection (o).

   Inserted: "(m) Employment.--

   Inserted: "(1) In general.--An alien granted a change of status under this section may be employed by any employer that complies with the requirements of the Comprehensive Immigration Reform Act of 2006 and the amendments made by that Act.

   Inserted: "(2) Continuous employment.--

   Inserted: "(A) Requirement for employment.--An alien granted a change of status under this section who fails to be employed for 30 consecutive days is ineligible for reentry or employment in the United States unless the alien departs the United States and is admitted for reentry under a provision of this Act or any other provision of law.

   Inserted: "(B) Waiver.--The Secretary of Homeland Security may, in the Secretary's sole and unreviewable discretion, waive the application of subparagraph (A) for an alien and authorize the alien for employment without requiring the alien to depart the United States.

   Inserted: "(n) Limitation on Change of Status or Adjustment of Status.--

   Inserted: "(1) In general.--An alien described in paragraph (2) may apply for any visa, adjustment of status, or other immigration benefit, other than for an adjustment of status for lawful permanent resident, that the alien qualifies for after the alien has resided lawfully in the United States pursuant to a change of status granted as described in subsection (a) for a period of not less than 5 years, and such alien may not be required to return to the alien's home country in order to obtain such a visa, adjustment of status, or other immigration benefit.

   Inserted: "(2) Requirements to apply.--An alien described in this paragraph is an alien who--

   Inserted: "(A) has been granted a change of status under subsection (a); and

   Inserted: "(B) during the 5-year period ending on the date of the enactment of the Comprehensive Immigration Reform Act of 2006--

   Inserted: "(i) was physically present in the United States; and

   Inserted: "(ii) was unemployed for no more than 30 consecutive days.

   Inserted: "(o) Family Members.--

   Inserted: "(1) In general.--The spouse or child of an alien admitted as a nonimmigrant under this section may be admitted to the United States--

   Inserted: "(A) as a nonimmigrant for the same amount of time, and on the same terms and conditions, as the alien granted a change of status under this section; or

   Inserted: "(B) under any other provision of law, if such family member is otherwise eligible for admission.

   Inserted: "(2) Application fee.--The spouse or child of an alien admitted under this section who is seeking to be admitted pursuant to this subsection shall submit, in addition to any other fee authorized by law, an additional fee of $100.

   Inserted: "(p) Numerical Limit.--There shall be no numerical limitation on the number of visas or number of aliens granted any change of status or adjustment of status under this section, including a visa issued or a change of status or adjustment of status granted pursuant to subsection (n).

   Inserted: "(q) Penalties for False Statements.--

   Inserted: "(1) Criminal penalty.--

   Inserted: "(A) Violation.--It shall be unlawful for any person--

   Inserted: "(i) to file or assist in filing an application for a change of status under this section and knowingly or willfully falsify, misrepresent, conceal, or cover up a material fact or make any false, fictitious, or fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or

   Inserted: "(ii) to create or supply a false writing or document for use in making such an application.

   Inserted: "(B) Penalty.--Any person who violates subparagraph (A) shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both.

   Inserted: "(2) Inadmissibility.--An alien who is convicted of a crime under paragraph (1) shall be considered to be inadmissible to the United States on the ground described in section 212(a)(6)(C)(i).

   Inserted: "(r) Treatment of Applicants.--

   Inserted: "(1) In general.--An alien who files an application for nonimmigrant status under subsection (a)--

   Inserted: "(A) shall be granted employment authorization pending final adjudication of the alien's application;

   Inserted: "(B) shall be granted permission to travel abroad pursuant to regulation pending final adjudication of the alien's application;

   Inserted: "(C) may not be detained, determined inadmissible or deportable, or removed pending final adjudication of the alien's application, unless the alien commits an act which renders the alien ineligible for such adjustment of status; and

   Inserted: "(D) may not be considered an unauthorized alien until such time as the alien's application is denied.

   Inserted: "(2) Document of authorization.--The Secretary of Homeland Security shall provide each alien who files an application for nonimmigrant status under subsection (a) under this section with a counterfeit-resistant document of authorization that--

   Inserted: "(A) meets all current requirements established by the Secretary of Homeland Security for travel documents; and

   Inserted: "(B) reflects the benefits and status set forth in paragraph (1).

   Inserted: "(3) Security and law enforcement clearance.--Before an alien is granted employment authorization or permission to travel under paragraph (1), the alien shall be required to undergo a name check against existing databases for information relating to criminal, national security, or other law enforcement actions. The head of each relevant Federal agency shall work to ensure that such name checks are completed not later than 90 days after the date on which the name check is requested.

   Inserted: "(s) Dissemination of Information on Adjustment.--During the 12 months following the issuance of final regulations relating to this section, the Secretary of Homeland Security, in cooperation with entities approved by the Secretary of Homeland Security, shall broadly disseminate information respecting adjustment of status under this section and the requirements to be satisfied to obtain such status. The Secretary of Homeland Security shall disseminate such information to employers and labor unions to advise such employers and labor unions of the rights and protections available to them and to workers who file applications under this section. Such information shall be broadly disseminated, in the languages spoken by the top 15 source countries of the aliens who would qualify for adjustment of status under this section, including to television, radio, and print media such aliens would have access to.

   Inserted: "(t) Employer Protections.--

   Inserted: "(1) Immigration status of alien.--An employer of an alien who applies for an adjustment of status under this section shall not be subject to civil or criminal tax liability relating directly to the employment of such alien prior to such alien's adjustment of status under this section.

   Inserted: "(2) Provision of employment records.--Employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for adjustment of status under this section or any other application or petition pursuant to other provisions of the immigration laws shall not be subject to civil or criminal liability pursuant to section 274A for employing such unauthorized aliens prior to such aliens' adjustment of status under this section.

   Inserted: "(3) Application of other law.--Nothing in this subsection shall be used to shield an employer from liability pursuant to section 274B or any other labor and employment law provisions.".

   Inserted: (b) Initial Receipt of Applications.--The Secretary shall begin accepting applications for a change of status under section 218D of the Immigration and Nationality Act, as added by subsection (a), not later than 6 months after the date of the enactment of this Act.

   Inserted: (c) Technical Amendment.--The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section 615(b), is further amended by inserting after the item relating to section 218H, the following:

   Inserted: "Sec. 218D. Change of status for unauthorized aliens.".

   Inserted: SEC. 603. STATUTORY CONSTRUCTION.

   Inserted: Nothing in this subtitle, or any amendment made by this subtitle, may be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

   Inserted: SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

   Inserted: There is authorized to be appropriated such sums as may be necessary for facilities, personnel (including consular officers), training, technology, and processing necessary to carry out the amendments made by this subtitle.

   Original wording

   insert the following new subtitle:

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As printed