S.Amdt. 3321

1. Rewrites title IV

   Replaces

   In S. 2454 · Placed on Calendar Senate

   Struck: TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS, MEDICAL PROVIDERS, AND ALIENS WITH ADVANCED DEGREES

   Struck: SEC. 401. ELIMINATION OF EXISTING BACKLOGS.

   Struck: (a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 1151(c)) is amended to read as follows:

   Struck: "(c) Worldwide Level of Family-Sponsored Immigrants.--The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of--

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   Struck: "(1) 480,000;

   Struck: "(2) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year;

   Struck: "(3) the difference between--

   Struck: "(A) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 minus the number of visas issued under this subsection during those fiscal years; and

   Struck: "(B) the number of visas calculated under subparagraph (A) that were issued after fiscal year 2005.".

   Struck: (b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:

   Struck: "(d) Worldwide Level of Employment-Based Immigrants.--

   Struck: "(1) In general.--Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--

   Struck: "(A) 290,000;

   Struck: "(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and

   Struck: "(C) the difference between--

   Struck: "(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and

   Struck: "(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005.

   Struck: "(2) Visas for spouses and children.--Immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).".

   Struck: SEC. 402. COUNTRY LIMITS.

   Struck: Section 202(a) (8 U.S.C. 1152(a)) is amended--

   Struck: (1) in paragraph (2)--

   Struck: (A) by striking ", (4), and (5)" and inserting "and (4)"; and

   Struck: (B) by striking "7 percent (in the case of a single foreign state) or 2 percent" and inserting "10 percent (in the case of a single foreign state) or 5 percent"; and

   Struck: (2) by striking paragraph (5).

   Struck: SEC. 403. ALLOCATION OF IMMIGRANT VISAS.

   Struck: (a) Preference Allocation for Family-Sponsored Immigrants.--Section 203(a) (8 U.S.C. 1153(a)) is amended to read as follows:

   Struck: "(a) Preference Allocations for Family-Sponsored Immigrants.-- Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allocated visas as follows:

   Struck: "(1) Unmarried sons and daughters of citizens.--Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a quantity not to exceed the sum of--

   Struck: "(A) 10 percent of such worldwide level; and

   Struck: "(B) any visas not required for the class specified in paragraph (4).

   Struck: "(2) Spouses and unmarried sons and daughters of permanent resident aliens.--

   Struck: "(A) In general.--Visas in a quantity not to exceed 50 percent of such worldwide level plus any visas not required for the class specified in paragraph (1) shall be allocated to qualified immigrants who are--

   Struck: "(i) the spouses or children of an alien lawfully admitted for permanent residence; or

   Struck: "(ii) the unmarried sons or daughters of an alien lawfully admitted for permanent residence.

   Struck: "(B) Minimum percentage.--Visas allocated to individuals described in subparagraph (A)(i) shall constitute not less than 77 percent of the visas allocated under this paragraph.

   Struck: "(3) Married sons and daughters of citizens.--Qualified immigrants who are the married sons and daughters of citizens of the United States shall be allocated visas in a quantity not to exceed the sum of--

   Struck: "(A) 10 percent of such worldwide level; and

   Struck: "(B) any visas not required for the classes specified in paragraphs (1) and (2).

   Struck: "(4) Brothers and sisters of citizens.--Qualified immigrants who are the brothers or sisters of a citizen of the United States who is at least 21 years of age shall be allocated visas in a quantity not to exceed 30 percent of the worldwide level.".

   Struck: (b) Preference Allocation for Employment-Based Immigrants.--Section 203(b) (8 U.S.C. 1153(b)) is amended--

   Struck: (1) in paragraph (1), by striking "28.6 percent" and inserting "15 percent";

   Struck: (2) in paragraph (2)(A), by striking "28.6 percent" and inserting "15 percent";

   Struck: (3) in paragraph (3)(A)--

   Struck: (A) by striking "28.6 percent" and inserting "35 percent"; and

   Struck: (B) by striking clause (iii);

   Struck: (4) by striking paragraph (4);

   Struck: (5) by redesignating paragraph (5) as paragraph (4);

   Struck: (6) in paragraph (4)(A), as redesignated, by striking "7.1 percent" and inserting "5 percent";

   Struck: (7) by inserting after paragraph (4), as redesignated, the following:

   Struck: "(5) Other workers.--Visas shall be made available, in a number not to exceed 30 percent of such worldwide level, plus any visa numbers not required for the classes specified in paragraphs (1) through (4), to qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor that is not of a temporary or seasonal nature, for which qualified workers are determined to be unavailable in the United States."; and

   Struck: (8) by striking paragraph (6).

   Struck: (c) Conforming Amendments.--

   Struck: (1) Definition of special immigrant.--Section 101(a)(27)(M) (8 U.S.C. 1101(a)(27)(M)) is amended by striking "subject to the numerical limitations of section 203(b)(4),".

   Struck: (2) Repeal of temporary reduction in workers' visas.-- Section 203(e) of the Nicaraguan Adjustment and Central American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) is repealed.

   Struck: SEC. 404. RELIEF FOR MINOR CHILDREN.

   Struck: (a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended to read as follows:

   Struck: "(2)(A)(i) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to their accompanying parent who is an immediate relative.

   Struck: "(ii) In this subparagraph, the term 'immediate relative' means a child, spouse, or parent of a citizen of the United States (and each child of such child, spouse, or parent who is accompanying or following to join the child, spouse, or parent), except that, in the case of parents, such citizens shall be at least 21 years of age.

   Struck: "(iii) An alien who was the spouse of a citizen of the United States for not less than 2 years at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, and each child of such alien, shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death if the spouse files a petition under section 204(a)(1)(A)(ii) before the earlier of--

   Struck: "(I) 2 years after such date; or

   Struck: "(II) the date on which the spouse remarries.

   Struck: "(iv) In this clause, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen spouse or parent loses United States citizenship on account of the abuse.

   Struck: "(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.".

   Struck: (b) Petition.--Section 204(a)(1)(A)(ii) (8 U.S.C. 1154 (a)(1)(A)(ii)) is amended by striking "in the second sentence of section 201(b)(2)(A)(i) also" and inserting "in section 201(b)(2)(A)(iii) or an alien child or alien parent described in the 201(b)(2)(A)(iv)".

   Struck: SEC. 405. STUDENT VISAS.

   Struck: (a) In General.--Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--

   Inserted: TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

   Inserted: Subtitle A--Temporary Guest Workers SEC. 401. IMMIGRATION IMPACT STUDY.

   Inserted: (a) Effective Date.--Any regulation that would increase the number of aliens who are eligible for legal status may not take effect before 90 days after the date on which the Director of the Bureau of the Census submits a report to Congress under subsection (c).

   Inserted: (b) Study.--The Director of the Bureau of the Census, jointly with the Secretary, the Secretary of Agriculture, the Secretary of Education, the Secretary of Energy, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of the Interior, the Secretary of Labor, the Secretary of Transportation, the Secretary of the Treasury, the Attorney General, and the Administrator of the Environmental Protection Agency, shall undertake a study examining the impacts of the current and proposed annual grants of legal status, including immigrant and nonimmigrant status, along with the current level of illegal immigration, on the infrastructure of and quality of life in the United States.

   Inserted: (c) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Bureau of the Census shall submit to Congress a report on the findings of the study required by subsection (b), including the following information:

   Inserted: (1) An estimate of the total legal and illegal immigrant populations of the United States, as they relate to the total population.

   Inserted: (2) The projected impact of legal and illegal immigration on the size of the population of the United States over the next 50 years, which regions of the country are likely to experience the largest increases, which small towns and rural counties are likely to lose their character as a result of such growth, and how the proposed regulations would affect these projections.

   Inserted: (3) The impact of the current and projected foreign-born populations on the natural environment, including the consumption of nonrenewable resources, waste production and disposal, the emission of pollutants, and the loss of habitat and productive farmland, an estimate of the public expenditures required to maintain current standards in each of these areas, the degree to which current standards will deteriorate if such expenditures are not forthcoming, and the additional effects the proposed regulations would have.

   Inserted: (4) The impact of the current and projected foreign-born populations on employment and wage rates, particularly in industries such as agriculture and services in which the foreign born are concentrated, an estimate of the associated public costs, and the additional effects the proposed regulations would have.

   Inserted: (5) The impact of the current and projected foreign-born populations on the need for additions and improvements to the transportation infrastructure of the United States, an estimate of the public expenditures required to meet this need, the impact on Americans' mobility if such expenditures are not forthcoming, and the additional effect the proposed regulations would have.

   Inserted: (6) The impact of the current and projected foreign-born populations on enrollment, class size, teacher-student ratios, and the quality of education in public schools, an estimate of the public expenditures required to maintain current median standards, the degree to those standards will deteriorate if such expenditures are not forthcoming, and the additional effect the proposed regulations would have.

   Inserted: (7) The impact of the current and projected foreign-born populations on home ownership rates, housing prices, and the demand for low-income and subsidized housing, the public expenditures required to maintain current median standards in these areas, the degree to which those standards will deteriorate if such expenditures are not forthcoming, and the additional effect the proposed regulations would have.

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   Inserted: (8) The impact of the current and projected foreign-born populations on access to quality health care and on the cost of health care and health insurance, an estimate of the public expenditures required to maintain current median standards, the degree to which those standards will deteriorate if such expenditures are not forthcoming, and the additional effect the proposed regulations would have.

   Inserted: (9) The impact of the current and projected foreign-born populations on the criminal justice system in the United States, an estimate of the associated public costs, and the additional effect the proposed regulations would have.

   Inserted: SEC. 402. NONIMMIGRANT TEMPORARY WORKER.

   Inserted: (a) Temporary Worker Category.--Section 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is amended to read as follows:

   Inserted: "(H) an alien--

   Inserted: "(i)(b) subject to section 212(j)(2)--

   Inserted: "(aa) who is coming temporarily to the United States to perform services (other than services described in clause (ii)(a) or subparagraph (O) or (P)) in a specialty occupation described in section 214(i)(1) or as a fashion model;

   Inserted: "(bb) who meets the requirements for the occupation specified in section 214(i)(2) or, in the case of a fashion model, is of distinguished merit and ability; and

   Inserted: "(cc) with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security that the intending employer has filed an application with the Secretary in accordance with section 212(n)(1);

   Inserted: "(b1)(aa) who is entitled to enter the United States under the provisions of an agreement listed in section 214(g)(8)(A);

   Inserted: "(bb) who is engaged in a specialty occupation described in section 214(i)(3); and

   Inserted: "(cc) with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed an attestation with the Secretary of Labor in accordance with section 212(t)(1); or

   Inserted: "(c)(aa) who is coming temporarily to the United States to perform services as a registered nurse;

   Inserted: "(bb) who meets the qualifications described in section 212(m)(1); and

   Inserted: "(cc) with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security that an unexpired attestation is on file and in effect under section 212(m)(2) for the facility (as defined in section 212(m)(6)) for which the alien will perform the services; or

   Inserted: "(ii)(a) who--

   Inserted: "(aa) has a residence in a foreign country which the alien has no intention of abandoning; and

   Inserted: "(bb) is coming temporarily to the United States to perform agricultural labor or services (as defined by the Secretary of Labor), including agricultural labor (as defined in section 3121(g) of the Internal Revenue Code of 1986), agriculture (as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f))), and the pressing of apples for cider on a farm, of a temporary or seasonal nature;

   Inserted: "(b) who--

   Inserted: "(aa) has a residence in a foreign country which the alien has no intention of abandoning;

   Inserted: "(bb) is coming temporarily to the United States to perform nonagricultural work or services of a temporary or seasonal nature (if unemployed persons capable of performing such work or services cannot be found in the United States), excluding medical school graduates coming to the United States to perform services as members of the medical profession; or

   Inserted: "(c) who--

   Inserted: "(aa) has a residence in a foreign country which the alien has no intention of abandoning;

   Inserted: "(bb) is coming temporarily to the United States to perform temporary labor or services other than the labor or services described in clause (i)(b), (i)(c), (ii)(a), or (iii), or subparagraph (L), (O), (P), or (R) (if unemployed persons capable of performing such labor or services cannot be found in the United States); and

   Inserted: "(cc) meets the requirements of section 218A, including the filing of a petition under such section on behalf of the alien;

   Inserted: "(iii) who--

   Inserted: "(a) has a residence in a foreign country which the alien has no intention of abandoning; and

   Inserted: "(b) is coming temporarily to the United States as a trainee (other than to receive graduate medical education or training) in a training program that is not designed primarily to provide productive employment; or

   Inserted: "(iv) who--

   Inserted: "(a) is the spouse or a minor child of an alien described in clause (iii); and

   Inserted: "(b) is accompanying or following to join such alien.".

   Inserted: (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date which is 1 year after the date of the enactment of this Act and shall apply to aliens, who, on such effective date, are outside of the United States.

   Inserted: SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY GUEST WORKERS.

   Inserted: (a) Temporary Guest Workers.--

   Inserted: (1) In general.--Chapter 2 of title II (8 U.S.C. 1181 et seq.) is amended by inserting after section 218 the following:

   Inserted: "SEC. 218A. ADMISSION OF H-2C NONIMMIGRANTS.

   Inserted: "(a) Authorization.--The Secretary of State may grant a temporary visa to an H-2C nonimmigrant who demonstrates an intent to perform labor or services in the United States (other than the labor or services described in clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or subparagraph (L), (O), (P), or (R)) of section 101(a)(15).

   Inserted: "(b) Requirements for Admission.--An alien shall be eligible for H-2C nonimmigrant status if the alien meets the following requirements:

   Inserted: "(1) Eligibility to work.--The alien shall establish that the alien is capable of performing the labor or services required for an occupation under section 101(a)(15)(H)(ii)(c).

   Inserted: "(2) Evidence of employment.--The alien shall establish that the alien has received a job offer from an employer who has complied with the requirements of 218B.

   Inserted: "(3) Fee.--The alien shall pay a $500 visa issuance fee in addition to the cost of processing and adjudicating such application. Nothing in this paragraph shall be construed to affect consular procedures for charging reciprocal fees.

   Inserted: "(4) Medical examination.--The alien shall undergo a medical examination (including a determination of immunization status), at the alien's expense, that conforms to generally accepted standards of medical practice.

   Inserted: "(5) Application content and waiver.--

   Inserted: "(A) Application form.--The alien shall submit to the Secretary a completed application, on a form designed by the Secretary of Homeland Security, including proof of evidence of the requirements under paragraphs (1) and (2).

   Inserted: "(B) Content.--In addition to any other information that the Secretary requires to determine an alien's eligibility for H-2C nonimmigrant status, the Secretary shall require an alien to provide information concerning the alien's--

   Inserted: "(i) physical and mental health;

   Inserted: "(ii) criminal history and gang membership;

   Inserted: "(iii) immigration history; and

   Inserted: "(iv) involvement with groups or individuals that have engaged in terrorism, genocide, persecution, or who seek the overthrow of the United States Government.

   Inserted: "(C) Knowledge.--The alien shall include with the application submitted under this paragraph a signed certification in which the alien certifies that--

   Inserted: "(i) the alien has read and understands all of the questions and statements on the application form;

   Inserted: "(ii) 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

   Inserted: "(iii) the applicant authorizes the release of any information contained in the application and any attached evidence for law enforcement purposes.

   Inserted: "(c) Grounds of Inadmissibility.--

   Inserted: "(1) In general.--In determining an alien's admissibility as an H-2C nonimmigrant--

   Inserted: "(A) paragraphs (5), (6)(A), (7), (9)(B), and (9)(C) of section 212(a) may be waived for conduct that occurred before the effective date of the Comprehensive Immigration Reform Act of 2006;

   Inserted: "(B) the Secretary of Homeland Security may not waive the application of--

   Inserted: "(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of section 212(a)(2) (relating to criminals);

   Inserted: "(ii) section 212(a)(3) (relating to security and related grounds); or

   Inserted: "(iii) subparagraph (A), (C) or (D) of section 212(a)(10) (relating to polygamists and child abductors); and

   Inserted: "(C) for conduct that occurred before the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary of Homeland Security may waive the application of any provision of section 212(a) not listed in subparagraph (B) on behalf of an individual alien--

   Inserted: "(i) for humanitarian purposes;

   Inserted: "(ii) to ensure family unity; or

   Inserted: "(iii) if such a waiver is otherwise in the public interest.

   Inserted: "(2) Renewal of authorized admission and subsequent admissions.--An alien seeking renewal of authorized admission or subsequent admission as an H-2C nonimmigrant shall establish that the alien is not inadmissible under section 212(a).

   Inserted: "(d) Background Checks.--The Secretary of Homeland Security shall not admit, and the Secretary of State shall not issue a visa to, an alien seeking H-2C nonimmigrant status unless all appropriate background checks have been completed.

   Inserted: "(e) Ineligible to Change Nonimmigrant Classification.--An H-2C nonimmigrant may not change nonimmigrant classification under section 248.

   Inserted: "(f) Period of Authorized Admission.--

   Inserted: "(1) Authorized period and renewal.--The initial period of authorized admission as an H-2C nonimmigrant shall be 3 years, and the alien may seek 1 extension for an additional 3-year period.

   Inserted: "(2) International commuters.--An alien who resides outside the United States and commutes into the United States to work as an H-2C nonimmigrant, is not subject to the time limitations under paragraph (1).

   Inserted: "(3) Loss of employment.--

   Inserted: "(A) In general.--Subject to subsection (c), the period of authorized admission of an H-2C nonimmigrant shall terminate if the alien is unemployed for 60 or more consecutive days.

   Inserted: "(B) Return to foreign residence.--Any alien whose period of authorized admission terminates under subparagraph (A) shall be required to leave the United States.

   Inserted: "(C) Period of visa validity.--Any alien, whose period of authorized admission terminates under subparagraph (A), who leaves the United States under subparagraph (B), may reenter the United States as an H-2C nonimmigrant to work for an employer, if the alien has complied with the requirements of subsections (b) and (f)(2). The Secretary may, in the Secretary's sole and unreviewable discretion, reauthorize such alien for admission as an H-2C nonimmigrant without requiring the alien's departure from the United States.

   Inserted: "(4) Visits outside united states.--

   Inserted: "(A) In general.--Under regulations established by the Secretary of Homeland Security, an H-2C nonimmigrant--

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

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

   Inserted: "(B) Effect on period of authorized admission.--Time spent outside the United States under subparagraph (A) shall not extend the period of authorized admission in the United States.

   Inserted: "(5) Bars to extension or admission.--An alien may not be granted H-2C nonimmigrant status, or an extension of such status, if--

   Inserted: "(A) the alien has violated any material term or condition of such status granted previously, including failure to comply with the change of address reporting requirements under section 265;

   Inserted: "(B) the alien is inadmissible as a nonimmigrant; or

   Inserted: "(C) the granting of such status or extension of such status would allow the alien to exceed 6 years as an H-2C nonimmigrant, unless the alien has resided and been physically present outside the United States for at least 1 year after the expiration of such H-2C nonimmigrant status.

   Inserted: "(g) Evidence of Nonimmigrant Status.--Each H-2C nonimmigrant shall be issued documentary evidence of nonimmigrant status, which--

   Inserted: "(1) shall be machine-readable, tamper-resistant, and allow for biometric authentication;

   Inserted: "(2) shall be designed in consultation with the Forensic Document Laboratory of the Bureau of Immigration and Customs Enforcement;

   Inserted: "(3) shall, during the alien's authorized period of admission under subsection (f), serve as a valid entry document for the purpose of applying for admission to the United States--

   Inserted: "(A) instead of a passport and visa if the alien--

   Inserted: "(i) is a national of a foreign territory contiguous to the United States; and

   Inserted: "(ii) is applying for admission at a land border port of entry; and

   Inserted: "(B) in conjunction with a valid passport, if the alien is applying for admission at an air or sea port of entry;

   Inserted: "(4) may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B); and

   Inserted: "(5) shall be issued to the H-2C nonimmigrant by the Secretary of Homeland Security promptly after the final adjudication of such alien's application for H-2C nonimmigrant status.

   Inserted: "(h) Penalty for Failure to Depart.--If an H-2C nonimmigrant fails to depart the United States before the date which is 10 days after the date that the alien's authorized period of admission as an H-2C nonimmigrant terminates, the H-2C nonimmigrant may not apply for or receive any immigration relief or benefit under this Act or any other law, except for relief under sections 208 and 241(b)(3) and relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, for an alien who indicates either an intention to apply for asylum under section 208 or a fear of persecution or torture.

   Inserted: "(i) Penalty for Illegal Entry or Overstay.--Any alien who enters, attempts to enter, or crosses the border after the date of the enactment of this section, and is physically present in the United States after such date in violation of this Act or of any other Federal law, may not receive, for a period of 10 years--

   Inserted: "(1) any relief under sections 240A and 240B; or

   Inserted: "(2) nonimmigrant status under section 101(a)(15).

   Inserted: "(j) Portability.--A nonimmigrant alien described in this section, who was previously issued a visa or otherwise provided H-2C nonimmigrant status, may accept a new offer of employment with a subsequent employer, if--

   Inserted: "(1) the employer complies with section 218B; and

   Inserted: "(2) the alien, after lawful admission to the United States, did not work without authorization.

   Inserted: "(k) Change of Address.--An H-2C nonimmigrant shall comply with the change of address reporting requirements under section 265 through either electronic or paper notification.

   Inserted: "(l) Collection of Fees.--All fees collected under this section shall be deposited in the Treasury in accordance with section 286(c).

   Inserted: "(m) Issuance of H-4 Nonimmigrant Visas for Spouse and Children.--

   Inserted: "(1) In general.--The alien spouse and children of an H-2C nonimmigrant (referred to in this section as 'dependent aliens') who are accompanying or following to join the H-2C nonimmigrant may be issued nonimmigrant visas under section 101(a)(15)(H)(iv).

   Inserted: "(2) Requirements for admission.--A dependent alien is eligible for nonimmigrant status under 101(a)(15)(H)(iv) if the dependant alien meets the following requirements:

   Inserted: "(A) Eligibility.--The dependent alien is admissible as a nonimmigrant and does not fall within a class of aliens ineligible for H-4A nonimmigrant status listed under subsection (c).

   Inserted: "(B) Medical examination.--Before a nonimmigrant visa is issued to a dependent alien under this subsection, the dependent alien may be required to submit to a medical examination (including a determination of immunization status) at the alien's expense, that conforms to generally accepted standards of medical practice.

   Inserted: "(C) Background checks.--Before a nonimmigrant visa is issued to a dependent alien under this section, the consular officer shall conduct such background checks as the Secretary of State, in consultation with the Secretary of Homeland Security, considers appropriate.

   Inserted: "(n) Definitions.--In this section and sections 218B, 218C, and 218D:

   Inserted: "(1) Aggrieved person.--The term 'aggrieved person' means a person adversely affected by an alleged violation of this section, including--

   Inserted: "(A) a worker whose job, wages, or working conditions are adversely affected by the violation; and

   Inserted: "(B) a representative for workers whose jobs, wages, or working conditions are adversely affected by the violation who brings a complaint on behalf of such worker.

   Inserted: "(2) Area of employment.--The terms 'area of employment' and 'area of intended employment' mean the area within normal commuting distance of the worksite or physical location at which the work of the temporary worker is or will be performed. If such worksite or location is within a Metropolitan Statistical Area, any place within such area is deemed to be within the area of employment.

   Inserted: "(3) Eligible individual.--The term 'eligible individual' means, with respect to employment, an individual who is not an unauthorized alien (as defined in section 274A) with respect to that employment.

   Inserted: "(4) Employ; employee; employer.--The terms 'employ', 'employee', and 'employer' have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).

   Inserted: "(5) Foreign labor contractor.--The term 'foreign labor contractor' means any person who for any compensation or other valuable consideration paid or promised to be paid, performs any foreign labor contracting activity.

   Inserted: "(6) Foreign labor contracting activity.--The term 'foreign labor contracting activity' means recruiting, soliciting, hiring, employing, or furnishing, an individual who resides outside of the United States for employment in the United States as a nonimmigrant alien described in section 101(a)(15)(H)(ii)(c).

   Inserted: "(7) H-2c nonimmigrant.--The term 'H-2C nonimmigrant' means a nonimmigrant described in section 101(a)(15)(H)(ii)(c).

   Inserted: "(8) Separation from employment.--The term 'separation from employment' means the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract. The term does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether the employee accepts the offer. Nothing in this paragraph shall limit an employee's rights under a collective bargaining agreement or other employment contract.

   Inserted: "(9) United states worker.--The term 'United States worker' means an employee who is--

   Inserted: "(A) a citizen or national of the United States; or

   Inserted: "(B) an alien who is--

   Inserted: "(i) lawfully admitted for permanent residence;

   Inserted: "(ii) admitted as a refugee under section 207;

   Inserted: "(iii) granted asylum under section 208; or

   Inserted: "(iv) otherwise authorized, under this Act or by the Secretary of Homeland Security, to be employed in the United States.".

   Inserted: (2) Clerical amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 218 the following:

   Inserted: "Sec. 218A. Admission of temporary H-2C workers.".

   Inserted: (b) Creation of State Impact Assistance Account.--Section 286 (8 U.S.C. 1356) is amended by adding at the end the following:

   Inserted: "(x) State Impact Assistance Account.--There is established in the general fund of the Treasury a separate account, which shall be known as the 'State Impact Aid Account'. Notwithstanding any other provision under this Act, there shall be deposited as offsetting receipts into the account all family supplemental visa and family supplemental extension of status fees collected under sections 218A and 218B.".

   Inserted: SEC. 404. EMPLOYER OBLIGATIONS.

   Inserted: (a) In General.--Title II (8 U.S.C. 1201 et seq.) is amended by inserting after section 218A, as added by section 403, the following:

   Inserted: "SEC. 218B. EMPLOYER OBLIGATIONS.

   Inserted: "(a) General Requirements.--Each employer who employs an H-2C nonimmigrant shall--

   Inserted: "(1) file a petition in accordance with subsection (b); and

   Inserted: "(2) pay the appropriate fee, as determined by the Secretary of Labor.

   Inserted: "(b) Petition.--A petition to hire an H-2C nonimmigrant under this section shall include an attestation by the employer of the following:

   Inserted: "(1) Protection of united states workers.--The employment of an H-2C nonimmigrant--

   Inserted: "(A) will not adversely affect the wages and working conditions of workers in the United States similarly employed; and

   Inserted: "(B) did not and will not cause the separation from employment of a United States worker employed by the employer within the 180-day period beginning 90 days before the date on which the petition is filed.

   Inserted: "(2) Wages.--

   Inserted: "(A) In general.--The H-2C nonimmigrant will be paid not less than the greater of--

   Inserted: "(i) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or

   Inserted: "(ii) the prevailing wage level for the occupational classification in the area of employment, taking into account experience and skill levels of employees.

   Inserted: "(B) Calculation.--The wage levels under subparagraph (A) shall be calculated based on the best information available at the time of the filing of the application.

   Inserted: "(C) Prevailing wage level.--For purposes of subparagraph (A)(ii), the prevailing wage level shall be determined in accordance as follows:

   Inserted: "(i) If the job opportunity is covered by a collective bargaining agreement between a union and the employer, the prevailing wage shall be the wage rate set forth in the collective bargaining agreement.

   Inserted: "(ii) If the job opportunity is not covered by such an agreement and it is in an occupation that is covered by a wage determination under a provision of subchapter IV of chapter 31 of title 40, United States Code, or the Service Contract Act of 1965 (41 U.S.C. 351 et seq.), the prevailing wage level shall be the appropriate statutory wage.

   Inserted: "(iii)(I) If the job opportunity is not covered by such an agreement and it is in an occupation that is not covered by a wage determination under a provision of subchapter IV of chapter 31 of title 40, United States Code, or the Service Contract Act of 1965 (41 U.S.C. 351 et seq.), the prevailing wage level shall be based on published wage data for the occupation from the Bureau of Labor Statistics, including the Occupational Employment Statistics survey, Current Employment Statistics data, National Compensation Survey, and Occupational Employment Projections program. If the Bureau of Labor Statistics does not have wage data applicable to such occupation, the employer may base the prevailing wage level on another wage survey approved by the Secretary of Labor.

   Inserted: "(II) The Secretary shall promulgate regulations applicable to approval of such other wage surveys that require, among other things, that the Bureau of Labor Statistics determine such surveys are statistically viable.

   Inserted: "(3) Working conditions.--All workers in the occupation at the place of employment at which the H-2C nonimmigrant will be employed will be provided the working conditions and benefits that are normal to workers similarly employed in the area of intended employment.

   Inserted: "(4) Labor dispute.--There is not a strike, lockout, or work stoppage in the course of a labor dispute in the occupation at the place of employment at which the H-2C nonimmigrant will be employed. If such strike, lockout, or work stoppage occurs following submission of the petition, the employer will provide notification in accordance with regulations promulgated by the Secretary of Labor.

   Inserted: "(5) Provision of insurance.--If the position for which the H-2C nonimmigrant is sought is not covered by the State workers' compensation law, the employer will provide, at no cost to the H-2C nonimmigrant, insurance covering injury and disease arising out of, and in the course of, the worker's employment, which will provide benefits at least equal to those provided under the State workers' compensation law for comparable employment.

   Inserted: "(6) Notice to employees.--

   Inserted: "(A) In general.--The employer has provided notice of the filing of the petition to the bargaining representative of the employer's employees in the occupational classification and area of employment for which the H-2C nonimmigrant is sought.

   Inserted: "(B) No bargaining representative.--If there is no such bargaining representative, the employer has--

   Inserted: "(i) posted a notice of the filing of the petition in a conspicuous location at the place or places of employment for which the H-2C nonimmigrant is sought; or

   Inserted: "(ii) electronically disseminated such a notice to the employer's employees in the occupational classification for which the H-2C nonimmigrant is sought.

   Inserted: "(7) Recruitment.--Except where the Secretary of Labor has determined that there is a shortage of United States workers in the occupation and area of intended employment for which the H-2C nonimmigrant is sought--

   Inserted: "(A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition; and

   Inserted: "(B) good faith efforts have been taken to recruit United States workers, in accordance with regulations promulgated by the Secretary of Labor, which efforts included--

   Inserted: "(i) the completion of recruitment during the period beginning on the date that is 90 days before the date on which the petition was filed with the Department of Homeland Security and ending on the date that is 14 days before such filing date; and

   Inserted: "(ii) the actual wage paid by the employer for the occupation in the areas of intended employment was used in conducting recruitment.

   Inserted: "(8) Ineligibility.--The employer is not currently ineligible from using the H-2C nonimmigrant program described in this section.

   Inserted: "(9) Bonafide offer of employment.--The job for which the H-2C nonimmigrant is sought is a bona fide job--

   Inserted: "(A) for which the employer needs labor or services;

   Inserted: "(B) which has been and is clearly open to any United States worker; and

   Inserted: "(C) for which the employer will be able to place the H-2C nonimmigrant on the payroll.

   Inserted: "(10) Public availability and records retention.--A copy of each petition filed under this section and documentation supporting each attestation, in accordance with regulations promulgated by the Secretary of Labor, will--

   Inserted: "(A) be provided to every H-2C nonimmigrant employed under the petition;

   Inserted: "(B) be made available for public examination at the employer's place of business or work site;

   Inserted: "(C) be made available to the Secretary of Labor during any audit; and

   Inserted: "(D) remain available for examination for 5 years after the date on which the petition is filed.

   Inserted: "(11) Notification upon separation from or transfer of employment.--The employer will notify the Secretary of Labor and the Secretary of Homeland Security of an H-2C nonimmigrant's separation from employment or transfer to another employer not more than 3 business days after the date of such separation or transfer, in accordance with regulations promulgated by the Secretary of Homeland Security.

   Inserted: "(12) Actual need for labor or services.--The petition was filed not more than 60 days before the date on which the employer needed labor or services for which the H-2C nonimmigrant is sought.

   Inserted: "(c) Audit of Attestations.--

   Inserted: "(1) Referrals by secretary of homeland security.--The Secretary of Homeland Security shall refer all approved petitions for H-2C nonimmigrants to the Secretary of Labor for potential audit.

   Inserted: "(2) Audits authorized.--The Secretary of Labor may audit any approved petition referred pursuant to paragraph (1), in accordance with regulations promulgated by the Secretary of Labor.

   Inserted: "(d) Ineligible Employers.--

   Inserted: "(1) In general.--The Secretary of Homeland Security shall not approve an employer's petitions, applications, certifications, or attestations under any immigrant or nonimmigrant program if the Secretary of Labor determines, after notice and an opportunity for a hearing, that the employer submitting such documents--

   Inserted: "(A) has, with respect to the attestations required under subsection (b)--

   Inserted: "(i) misrepresented a material fact;

   Inserted: "(ii) made a fraudulent statement; or

   Inserted: "(iii) failed to comply with the terms of such attestations; or

   Inserted: "(B) failed to cooperate in the audit process in accordance with regulations promulgated by the Secretary of Labor.

   Inserted: "(2) Length of ineligibility.--An employer described in paragraph (1) shall be ineligible to participate in the labor certification programs of the Secretary of Labor for not less than the time period determined by the Secretary, not to exceed 3 years.

   Inserted: "(3) Employers in high unemployment areas.--Beginning on the date that is 1 year after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary of Homeland Security may not approve any employer's petition under subsection (b) if the work to be performed by the H-2C nonimmigrant is located in a metropolitan or micropolitan statistical area (as defined by the Office of Management and Budget) in which the unemployment rate for unskilled and low-skilled workers during the most recently completed 6-month period averaged more than 9.0 percent.

   Inserted: "(e) Regulation of Foreign Labor Contractors.--

   Inserted: "(1) Coverage.--Notwithstanding any other provision of law, an H-2C nonimmigrant may not be treated as an independent contractor.

   Inserted: "(2) Applicability of laws.--An H-2C nonimmigrant shall not be denied any right or any remedy under Federal, State, or local labor or employment law that would be applicable to a United States worker employed in a similar position with the employer because of the alien's status as a nonimmigrant worker.

   Inserted: "(3) Tax responsibilities.--With respect to each employed H-2C nonimmigrant, an employer shall comply with all applicable Federal, State, and local tax and revenue laws.

   Inserted: "(f) Whistleblower Protection.--It shall be unlawful for an employer or a labor contractor of an H-2C nonimmigrant to intimidate, threaten, restrain, coerce, retaliate, discharge, or in any other manner, discriminate against an employee or former employee because the employee or former employee--

   Inserted: "(1) discloses information to the employer or any other person that the employee or former employee reasonably believes demonstrates a violation of this Act; or

   Inserted: "(2) cooperates or seeks to cooperate in an investigation or other proceeding concerning compliance with the requirements of this Act.

   Inserted: "(g) Labor Recruiters.--

   Inserted: "(1) In general.--Each employer that engages in foreign labor contracting activity and each foreign labor contractor shall ascertain and disclose, to each such worker who is recruited for employment at the time of the worker's recruitment--

   Inserted: "(A) the place of employment;

   Inserted: "(B) the compensation for the employment;

   Inserted: "(C) a description of employment activities;

   Inserted: "(D) the period of employment;

   Inserted: "(E) any other employee benefit to be provided and any costs to be charged for each benefit;

   Inserted: "(F) any travel or transportation expenses to be assessed;

   Inserted: "(G) the existence of any labor organizing effort, strike, lockout, or other labor dispute at the place of employment;

   Inserted: "(H) the existence of any arrangement with any owner, employer, foreign contractor, or its agent where such person receives a commission from the provision of items or services to workers;

   Inserted: "(I) the extent to which workers will be compensated through workers' compensation, private insurance, or otherwise for injuries or death, including--

   Inserted: "(i) work related injuries and death during the period of employment;

   Inserted: "(ii) the name of the State workers' compensation insurance carrier or the name of the policyholder of the private insurance;

   Inserted: "(iii) the name and the telephone number of each person who must be notified of an injury or death; and

   Inserted: "(iv) the time period within which such notice must be given;

   Inserted: "(J) any education or training to be provided or required, including--

   Inserted: "(i) the nature and cost of such training;

   Inserted: "(ii) the entity that will pay such costs; and

   Inserted: "(iii) whether the training is a condition of employment, continued employment, or future employment; and

   Inserted: "(K) a statement, in a form specified by the Secretary of Labor, describing the protections of this Act for workers recruited abroad.

   Inserted: "(2) False or misleading information.--No foreign labor contractor or employer who engages in foreign labor contracting activity shall knowingly provide material false or misleading information to any worker concerning any matter required to be disclosed in paragraph (1).

   Inserted: "(3) Languages.--The information required to be disclosed under paragraph (1) shall be provided in writing in English or, as necessary and reasonable, in the language of the worker being recruited. The Secretary of Labor shall make forms available in English, Spanish, and other languages, as necessary, which may be used in providing workers with information required under this section.

   Inserted: "(4) Fees.--A person conducting a foreign labor contracting activity shall not assess any fee to a worker for such foreign labor contracting activity.

   Inserted: "(5) Terms.--No employer or foreign labor contractor shall, without justification, violate the terms of any agreement made by that contractor or employer regarding employment under this program.

   Inserted: "(6) Travel costs.--If the foreign labor contractor or employer charges the employee for transportation such transportation costs shall be reasonable.

   Inserted: "(7) Other worker protections.--

   Inserted: "(A) Notification.--Not less frequently than once every 2 years, each employer shall notify the Secretary of Labor of the identity of any foreign labor contractor engaged by the employer in any foreign labor contractor activity for, or on behalf of, the employer.

   Inserted: "(B) Registration of foreign labor contractors.--

   Inserted: "(i) In general.--No person shall engage in foreign labor recruiting activity unless such person has a certificate of registration from the Secretary of Labor specifying the activities that such person is authorized to perform. An employer who retains the services of a foreign labor contractor shall only use those foreign labor contractors who are registered under this subparagraph.

   Inserted: "(ii) Issuance.--The Secretary shall promulgate regulations to establish an efficient electronic process for the investigation and approval of an application for a certificate of registration of foreign labor contractors not later than 14 days after such application is filed, including--

   Inserted: "(I) requirements under paragraphs (1), (4), and (5) of section 102 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1812);

   Inserted: "(II) an expeditious means to update registrations and renew certificates; and

   Inserted: "(III) any other requirements that the Secretary may prescribe.

   Inserted: "(iii) Term.--Unless suspended or revoked, a certificate under this subparagraph shall be valid for 2 years.

   Inserted: "(iv) Refusal to issue; revocation; suspension.--In accordance with regulations promulgated by the Secretary of Labor, the Secretary may refuse to issue or renew, or may suspend or revoke, a certificate of registration under this subparagraph if--

   Inserted: "(I) the application or holder of the certification has knowingly made a material misrepresentation in the application for such certificate;

   Inserted: "(II) the applicant for, or holder of, the certification is not the real party in interest in the application or certificate of registration and the real party in interest--

   Inserted: "(aa) is a person who has been refused issuance or renewal of a certificate;

   Inserted: "(bb) has had a certificate suspended or revoked; or

   Inserted: "(cc) does not qualify for a certificate under this paragraph; or

   Inserted: "(III) the applicant for or holder of the certification has failed to comply with this Act.

   Inserted: "(C) Remedy for violations.--An employer engaging in foreign labor contracting activity and a foreign labor contractor that violates the provisions of this subsection shall be subject to remedies for foreign labor contractor violations under subsections (h) and (i). If a foreign labor contractor acting as an agent of an employer violates any provision of this subsection, the employer shall also be subject to remedies under subsections (h) and (i). An employer that violates a provision of this subsection relating to employer obligations shall be subject to remedies under subsections (h) and (i).

   Inserted: "(D) Employer notification.--An employer shall notify the Secretary of Labor if the employer becomes aware of a violation of this subsection by a foreign labor recruiter.

   Inserted: "(E) Written agreements.--A foreign labor contractor may not violate the terms of any written agreements made with an employer relating to any contracting activity or worker protection under this subsection.

   Inserted: "(F) Bonding requirement.--The Secretary of Labor may require a foreign labor contractor to post a bond in an amount sufficient to ensure the protection of individuals recruited by the foreign labor contractor. The Secretary may consider the extent to which the foreign labor contractor has sufficient ties to the United States to adequately enforce this subsection.

   Inserted: "(h) Enforcement.--

   Inserted: "(1) In general.--The Secretary of Labor shall promulgate regulations for the receipt, investigation, and disposition of complaints by an aggrieved person respecting a violation of this section.

   Inserted: "(2) Filing deadline.--No investigation or hearing shall be conducted on a complaint concerning a violation under this section unless the complaint was filed not later than 12 months after the date of such violation.

   Inserted: "(3) Reasonable cause.--The Secretary of Labor shall conduct an investigation under this subsection if there is reasonable cause to believe that a violation of this section has occurred. The process established under this subsection shall provide that, not later than 30 days after a complaint is filed, the Secretary shall determine if there is reasonable cause to find such a violation.

   Inserted: "(4) Notice and hearing.--

   Inserted: "(A) In general.--Not later than 60 days after the Secretary of Labor makes a determination of reasonable cause under paragraph (4), the Secretary shall issue a notice to the interested parties and offer an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, United States Code.

   Inserted: "(B) Complaint.--If the Secretary of Labor, after receiving a complaint under this subsection, does not offer the aggrieved party or organization an opportunity for a hearing under subparagraph (A), the Secretary shall notify the aggrieved party or organization of such determination and the aggrieved party or organization may seek a hearing on the complaint in accordance with such section 556.

   Inserted: "(C) Hearing deadline.--Not later than 60 days after the date of a hearing under this paragraph, the Secretary of Labor shall make a finding on the matter in accordance with paragraph (5).

   Inserted: "(5) Attorneys' fees.--A complainant who prevails with respect to a claim under this subsection shall be entitled to an award of reasonable attorneys' fees and costs.

   Inserted: "(6) Power of the secretary.--The Secretary may bring an action in any court of competent jurisdiction--

   Inserted: "(A) to seek remedial action, including injunctive relief;

   Inserted: "(B) to recover the damages described in subsection (i); or

   Inserted: "(C) to ensure compliance with terms and conditions described in subsection (g).

   Inserted: "(7) Solicitor of labor.--Except as provided in section 518(a) of title 28, United States Code, the Solicitor of Labor may appear for and represent the Secretary of Labor in any civil litigation brought under this subsection. All such litigation shall be subject to the direction and control of the Attorney General.

   Inserted: "(8) Procedures in addition to other rights of employees.--The rights and remedies provided to workers under this section are in addition to any other contractual or statutory rights and remedies of the workers, and are not intended to alter or affect such rights and remedies.

   Inserted: "(i) Penalties.--

   Inserted: "(1) In general.--If, after notice and an opportunity for a hearing, the Secretary of Labor finds a violation of subsection (b), (e), (f), or (g), the Secretary may impose administrative remedies and penalties, including--

   Inserted: "(A) back wages;

   Inserted: "(B) benefits; and

   Inserted: "(C) civil monetary penalties.

   Inserted: "(2) Civil penalties.--The Secretary of Labor may impose, as a civil penalty--

   Inserted: "(A) for a violation of subsection (e) or (f)--

   Inserted: "(i) a fine in an amount not to exceed $2,000 per violation per affected worker;

   Inserted: "(ii) if the violation was willful violation, a fine in an amount not to exceed $5,000 per violation per affected worker;

   Inserted: "(iii) if the violation was willful and if in the course of such violation a United States worker was harmed, a fine in an amount not to exceed $25,000 per violation per affected worker; and

   Inserted: "(B) for a violation of subsection (g)--

   Inserted: "(i) a fine in an amount not less than $500 and not more than $4,000 per violation per affected worker;

   Inserted: "(ii) if the violation was willful, a fine in an amount not less than $2,000 and not more than $5,000 per violation per affected worker; and

   Inserted: "(iii) if the violation was willful and if in the course of such violation a United States worker was harmed, a fine in an amount not less than $6,000 and not more than $35,000 per violation per affected worker.

   Inserted: "(3) Use of civil penalties.--All penalties collected under this subsection shall be deposited in the Treasury in accordance with section 286(w).

   Inserted: "(4) Criminal penalties.--If a willful and knowing violation of subsection (g) causes extreme physical or financial harm to an individual, the person in violation of such subsection may be imprisoned for not more than 6 months, fined in an amount not more than $35,000, or both.".

   Inserted: (b) Clerical Amendment.--The table of contents is amended by inserting after the item relating to section 218A, as added by section 403, the following:

   Inserted: "Sec. 218B. Employer obligations.".

   Inserted: SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

   Inserted: (a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended by inserting after section 218B, as added by section 404, the following:

   Inserted: "SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

   Inserted: "(a) Establishment.--The Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of State, and the Commission of Social Security, shall develop and implement a program (referred to in this section as the 'alien employment management system') to manage and track the employment of aliens described in sections 218A and 218D.

   Inserted: "(b) Requirements.--The alien employment management system shall--

   Inserted: "(1) provide employers who seek employees with an opportunity to recruit and advertise employment opportunities available to United States workers before hiring an H-2C nonimmigrant;

   Inserted: "(2) collect sufficient information from employers to enable the Secretary of Homeland Security to determine--

   Inserted: "(A) if the nonimmigrant is employed;

   Inserted: "(B) which employers have hired an H-2C nonimmigrant;

   Inserted: "(C) the number of H-2C nonimmigrants that an employer is authorized to hire and is currently employing;

   Inserted: "(D) the occupation, industry, and length of time that an H-2C nonimmigrant has been employed in the United States;

   Inserted: "(3) allow employers to request approval of multiple H-2C nonimmigrant workers; and

   Inserted: "(4) permit employers to submit applications under this section in an electronic form.".

   Inserted: (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 218B, as added by section 404, the following:

   Inserted: "Sec. 218C. Alien employment management system.".

   Inserted: SEC. 406. RULEMAKING; EFFECTIVE DATE.

   Inserted: (a) Rulemaking.--Not later than 6 months after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations, in accordance with the notice and comment provisions of section 553 of title 5, United States Code, to carry out the provisions of sections 218A, 218B, and 218C, as added by this Act.

   Inserted: (b) Effective Date.--The amendments made by sections 403, 404, and 405 shall take effect on the date that is 1 year after the date of the enactment of this Act with regard to aliens, who, on such effective date, are in the foreign country where they maintain residence.

   Inserted: SEC. 407. RECRUITMENT OF UNITED STATES WORKERS.

   Inserted: (a) Electronic Job Registry.--The Secretary of Labor shall establish a publicly accessible Web page on the Internet website of the Department of Labor that provides a single Internet link to each State workforce agency's statewide electronic registry of jobs available throughout the United States to United States workers.

   Inserted: (b) Recruitment of United States Workers.--

   Inserted: (1) Posting.--An employer shall attest that the employer has posted an employment opportunity at a prevailing wage level, as described in section 218B(b)(2)(C) of the Immigration and Nationality Act, as added by section 404 of this Act.

   Inserted: (2) Records.--An employer shall maintain records for not less than 1 year after the date on which an H-2C nonimmigrant is hired that describe the reasons for not hiring any of the United States workers who may have applied for such position.

   Inserted: (c) Oversight and Maintenance of Records.--The Secretary of Labor shall promulgate regulations regarding the maintenance of electronic job registry records for the purpose of audit or investigation.

   Inserted: (d) Access to Electronic Job Registry.--The Secretary of Labor shall ensure that job opportunities advertised on an electronic job registry established under this section are accessible--

   Inserted: (1) by the State workforce agencies, which may further disseminate job opportunity information to other interested parties; and (2) through the Internet, for access by workers, employers, labor organizations, and other interested parties.

   Inserted: SEC. 408. TEMPORARY GUEST WORKER VISA PROGRAM TASK FORCE.

   Inserted: (a) Establishment.--There is established a task force to be known as the "Temporary Worker Task Force" (referred to in this section as the "Task Force").

   Inserted: (b) Purposes.--The purposes of the Task Force are--

   Inserted: (1) to study the impact of the admission of aliens under section 101(a)(15)(ii)(c) on the wages, working conditions, and employment of United States workers; and

   Inserted: (2) to make recommendations to the Secretary of Labor regarding the need for an annual numerical limitation on the number of aliens that may be admitted in any fiscal year under section 101(a)(15)(ii)(c).

   Inserted: (c) Membership.--

   Inserted: (1) In general.--The Task Force shall be composed of 10 members, of whom--

   Inserted: (A) 1 shall be appointed by the President and shall serve as chairman of the Task Force;

   Inserted: (B) 1 shall be appointed by the leader of the minority party in the Senate, in consultation with the leader of the minority party in the House of Representatives, and shall serve as vice chairman of the Task Force;

   Inserted: (C) 2 shall be appointed by the majority leader of the Senate;

   Inserted: (D) 2 shall be appointed by the minority leader of the Senate;

   Inserted: (E) 2 shall be appointed by the Speaker of the House of Representatives; and

   Inserted: (F) 2 shall be appointed by the minority leader of the House of Representatives.

   Inserted: (2) Deadline for appointment.--All members of the Task Force shall be appointed not later than 6 months after the date of the enactment of this Act.

   Inserted: (3) Vacancies.--Any vacancy in the Task Force shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

   Inserted: (4) Quorum.--Six members of the Task Force shall constitute a quorum.

   Inserted: (d) Qualifications.--

   Inserted: (1) In general.--Members of the Task Force shall be--

   Inserted: (A) individuals with expertise in economics, demography, labor, business, or immigration or other pertinent qualifications or experience; and

   Inserted: (B) representative of a broad cross-section of perspectives within the United States, including the public and private sectors and academia.

   Inserted: (2) Political affiliation.--Not more than 5 members of the Task Force may be members of the same political party.

   Inserted: (3) Nongovernmental appointees.--An individual appointed to the Task Force may not be an officer or employee of the Federal Government or of any State or local government.

   Inserted: (e) Meetings.--

   Inserted: (1) Initial meeting.--The Task Force shall meet and begin the operations of the Task Force as soon as practicable.

   Inserted: (2) Subsequent meetings.--After its initial meeting, the Task Force shall meet upon the call of the chairman or a majority of its members.

   Inserted: (f) Report.--Not later than 18 months after the date of the enactment of this Act, the Task Force shall submit, to Congress, the Secretary of Labor, and the Secretary, a report that contains--

   Inserted: (1) findings with respect to the duties of the Task Force; and

   Inserted: (2) recommendations for imposing a numerical limit.

   Inserted: (g) Numerical Limitations.--Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is amended--

   Inserted: (1) in subparagraph (B), by striking the period at the end and inserting "; and"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(C) under section 101(a)(15)(H)(ii)(c) may not exceed--

   Inserted: "(i) 300,000 for the first fiscal year in which the program is implemented;

   Inserted: "(ii) in any subsequent fiscal year--

   Inserted: "(I) if the total number of visas allocated for that fiscal year are allotted within the first quarter of that fiscal year, then an additional 20 percent of the allocated number shall be made available immediately and the allocated amount for the following fiscal year shall increase by 20 percent of the original allocated amount in the prior fiscal year;

   Inserted: "(II) if the total number of visas allocated for that fiscal year are allotted within the second quarter of that fiscal year, then an additional 15 percent of the allocated number shall be made available immediately and the allocated amount for the following fiscal year shall increase by 15 percent of the original allocated amount in the prior fiscal year;

   Inserted: "(III) if the total number of visas allocated for that fiscal year are allotted within the third quarter of that fiscal year, then an additional 10 percent of the allocated number shall be made available immediately and the allocated amount for the following fiscal year shall increase by 10 percent of the original allocated amount in the prior fiscal year;

   Inserted: "(IV) if the total number of visas allocated for that fiscal year are allotted within the last quarter of that fiscal year, then the allocated amount for the following fiscal year shall increase by 10 percent of the original allocated amount in the prior fiscal year; and

   Inserted: "(V) with the exception of the first subsequent fiscal year to the fiscal year in which the program is implemented, if fewer visas were allotted the previous fiscal year than the number of visas allocated for that year and the reason was not due to processing delays or delays in promulgating regulations, then the allocated amount for the following fiscal year shall decrease by 10 percent of the allocated amount in the prior fiscal year.".

   Inserted: (h) Adjustment to Lawful Permanent Resident Status.--Section 245 (8 U.S.C. 1255) is amended by adding at the end the following:

   Inserted: "(n)(1) For purposes of adjustment of status under subsection (a), employment-based immigrant visas shall be made available to an alien having nonimmigrant status described in section 101(a)(15)(H)(ii)(c) upon the filing of a petition for such a visa--

   Inserted: "(A) by the alien's employer; or

   Inserted: "(B) by the alien, if the alien has maintained such nonimmigrant status in the United States for a cumulative total of 4 years.

   Inserted: "(2) An alien having nonimmigrant status described in section 101(a)(15)(H)(ii)(c) may not apply for adjustment of status under this section unless the alien--

   Inserted: "(A) is physically present in the United States; and

   Inserted: "(B) the alien establishes that the alien--

   Inserted: "(i) meets the requirements of section 312; or

   Inserted: "(ii) is satisfactorily pursuing a course of study to achieve such an understanding of English and knowledge and understanding of the history and government of the United States.

   Inserted: "(3) An alien who demonstrates that the alien meets the requirements of section 312 may be considered to have satisfied the requirements of that section for purposes of becoming naturalized as a citizen of the United States under title III.

   Inserted: "(4) Filing a petition under paragraph (1) on behalf of an alien or otherwise seeking permanent residence in the United States for such alien shall not constitute evidence of the alien's ineligibility for nonimmigrant status under section 101(a)(15)(H)(ii)(c).

   Inserted: "(5) The Secretary of Homeland Security shall extend, in 1-year increments, the stay of an alien for whom a labor certification petition filed under section 203(b) or an immigrant visa petition filed under section 204(b) is pending until a final decision is made on the alien's lawful permanent residence.

   Inserted: "(6) Nothing in this subsection shall be construed to prevent an alien having nonimmigrant status described in section 101(a)(15)(H)(ii)(c) from filing an application for adjustment of status under this section in accordance with any other provision of law.".

   Inserted: SEC. 409. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

   Inserted: (a) In General.--The Secretary of State, in cooperation with the Secretary and the Attorney General, shall negotiate with each home country of aliens described in section 101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act, as added by section 402, to enter into a bilateral agreement with the United States that conforms to the requirements under subsection (b).

   Inserted: (b) Requirements of Bilateral Agreements.--Each agreement negotiated under subsection (a) shall require the participating home country to--

   Inserted: (1) accept the return of nationals who are ordered removed from the United States within 3 days of such removal;

   Inserted: (2) cooperate with the United States Government to--

   Inserted: (A) identify, track, and reduce gang membership, violence, and human trafficking and smuggling; and

   Inserted: (B) control illegal immigration;

   Inserted: (3) provide the United States Government with--

   Inserted: (A) passport information and criminal records of aliens who are seeking admission to, or are present in, the United States; and

   Inserted: (B) admission and entry data to facilitate United States entry-exit data systems; and

   Inserted: (4) educate nationals of the home country regarding United States temporary worker programs to ensure that such nationals are not exploited; and

   Inserted: (5) evaluate means to provide housing incentives in the alien's home country for returning workers.

   Inserted: SEC. 410. S VISAS.

   Inserted: (a) Expansion of S Visa Classification.--Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is amended--

   (1) in clause (i)--

   Struck: (A) by striking "he has no intention of abandoning, who is" and inserting the following: "except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is-- "(I)";

   Struck: (B) by striking "consistent with section 214(l)" and inserting "(except for a graduate program described in clause (iv)) consistent with section 214(m)";

   Struck: (C) by striking the comma at the end and inserting the following: "; or

   Struck: "(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;";

   Inserted: (A) by striking "Attorney General" each place that term appears and inserting "Secretary of Homeland Security";

   Inserted: (B) in subclause (I), by inserting before the semicolon, ', including a criminal enterprise undertaken by a foreign government, its agents, representatives, or officials';

   Inserted: (C) in subclause (III), by inserting "where the information concerns a criminal enterprise undertaken by an individual or organization that is not a foreign government, its agents, representatives, or officials," before "whose"; and

   Inserted: (D) by striking "or" at the end; and

   (2) in clause (ii)--

   Struck: (A) by inserting "or (iv)" after "clause (i)"; and

   ([struck: B][inserted: A]) by striking "[struck: , and][inserted: Attorney General]" and inserting [struck: a semicolon;][inserted: "Secretary of Homeland Security"; and]

   Struck: (3) in clause (iii), by adding "and" at the end; and

   Struck: (4) by adding at the end the following:

   Struck: "(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.".

   Struck: (b) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C. 1184(b)) is amended by striking "subparagraph (L) or (V)" and inserting "subparagraph (F)(iv), (L), or (V)".

   Show 47 more struck paragraphsShow less

   Struck: (c) Requirements for F-4 Visa.--Section 214(m) (8 U.S.C. 1184(m)) is amended--

   Struck: (1) by inserting before paragraph (1) the following:

   Struck: "(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students.--"; and

   Struck: (2) by adding at the end the following:

   Struck: "(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid--

   Struck: "(A) during the intended period of study in a graduate program described in such section;

   Struck: "(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and

   Struck: "(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.".

   Struck: (d) Off Campus Work Authorization for Foreign Students.--

   Struck: (1) In general.--Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--

   Struck: (A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;

   Struck: (B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--

   Struck: (i) has spent at least 21 days recruiting United States citizens to fill the position; and

   Struck: (ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--

   Struck: (I) the actual wage level for the occupation at the place of employment; or

   Struck: (II) the prevailing wage level for the occupation in the area of employment; and

   Struck: (C) the alien will not be employed more than--

   Struck: (i) 20 hours per week during the academic term; or

   Struck: (ii) 40 hours per week during vacation periods and between academic terms.

   Struck: (2) Disqualification.--If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).

   Struck: (e) Adjustment of Status.--Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:

   Struck: "(a) Authorization.--

   Struck: "(1) In general.--The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

   Struck: "(A) the alien makes an application for such adjustment;

   Struck: "(B) the alien is eligible to receive an immigrant visa;

   Struck: "(C) the alien is admissible to the United States for permanent residence; and

   Struck: "(D) an immigrant visa is immediately available to the alien at the time the application is filed.

   Struck: "(2) Student visas.--Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--

   Struck: "(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;

   Struck: "(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;

   Struck: "(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and

   Struck: "(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.

   Struck: "(3) Limitation.--An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.".

   Struck: (f) Use of Fees.--

   Struck: (1) Job training; scholarships.--Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting "and 80 percent of the fees collected under section 245(a)(2)(D)" before the period at the end.

   Struck: (2) Fraud prevention and detection.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended by inserting "and 20 percent of the fees collected under section 245(a)(2)(D)" before the period at the end.

   Struck: SEC. 406. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

   Struck: (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants.--

   Struck: (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

   Struck: "(F) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

   Struck: "(G) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

   Struck: "(H) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).".

   Struck: (2) Applicability.--The amendment made by paragraph (1) shall apply to any visa application--

   Struck: (A) pending on the date of the enactment of this Act; or

   Struck: (B) filed on or after such date of enactment.

   Struck: (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--

   Struck: (1) in subclause (I), by striking "or" at the end;

   ([struck: 2][inserted: B]) [struck: in subclause (II), by striking the period at ][inserted: by striking "1956," and all that follows through "]the [struck: end][inserted: alien;"] and inserting [struck: "; or][inserted: the following: ]"[struck: ; and][inserted: 1956; or]

   Inserted: "(iii) who the Secretary of Homeland Security and the Secretary of State, in consultation with the Director of Central Intelligence, jointly determine--

   Inserted: "(I) is in possession of critical reliable information concerning the activities of governments or organizations, or their agents, representatives, or officials, with respect to weapons of mass destruction and related delivery systems, if such governments or organizations are at risk of developing, selling, or transferring such weapons or related delivery systems; and

   Inserted: "(II) is willing to supply or has supplied, fully and in good faith, information described in subclause (I) to appropriate persons within the United States Government;

   Inserted: "and, if the Secretary of Homeland Security (or with respect to clause (ii), the Secretary of State and the Secretary of Homeland Security jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (i), (ii), or (iii) if accompanying, or following to join, the alien;".

   Inserted: (b) Numerical Limitation.--Section 214(k)(1) (8 U.S.C. 1184(k)(1)) is amended by striking "The number of aliens" and all that follows through the period and inserting the following: "The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S) in any fiscal year may not exceed 1,000.".

   Inserted: (c) Reports.--

   Inserted: (1) Content.--Paragraph (4) of section 214(k) (8 U.S.C. 1184(k)) is amended--

   Inserted: (A) in the matter preceding subparagraph (A)--

   Inserted: (i) by striking "The Attorney General" and inserting "The Secretary of Homeland Security"; and

   Inserted: (ii) by striking "concerning--" and inserting "that includes--";

   Inserted: (B) in subparagraph (D), by striking "and";

   Inserted: (C) in subparagraph (E), by striking the period at the end and inserting "; and"; and

   Show 11 more inserted paragraphsShow less

   Inserted: (D) by inserting at the end the following:

   Inserted: "(F) in the event that the total number of such nonimmigrants admitted is fewer than 25 percent of the total number provided for under paragraph (1) of this subsection--

   Inserted: "(i) the reasons why the number of such nonimmigrants admitted is fewer than 25 percent of that provided for by law;

   Inserted: "(ii) the efforts made by the Secretary of Homeland Security to admit such nonimmigrants; and

   Inserted: "(iii) any extenuating circumstances that contributed to the admission of a number of such nonimmigrants that is fewer than 25 percent of that provided for by law.".

   Inserted: (2) Form of report.--Section 214(k) (8 U.S.C. 1184(k)) is amended by adding at the end the following new paragraph:

   Inserted: "(5) To the extent required by law and if it is in the interests of national security or the security of such nonimmigrants that are admitted, as determined by the Secretary of Homeland Security, the information contained in a report described in paragraph (4) may be classified, and the Secretary of Homeland Security shall, to the extent feasible, submit a non-classified version of the report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate.".

   Inserted: SEC. 411. L VISA LIMITATIONS.

   Inserted: Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended--

   Inserted: (1) by striking "Attorney General" each place it appears and inserting "Secretary of Homeland Security";

   Inserted: (2) in subparagraph (E), by striking "In the case" and inserting "Except as provided in subparagraph (H), in the case"; and

   (3) by adding at the end the following:

   Struck: "(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.".

   Struck: (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) is amended--

   Struck: (1) in paragraph (1)--

   Struck: (A) by striking "(beginning with fiscal year 1992)"; and

   Show 20 more struck paragraphsShow less

   Struck: (B) in subparagraph (A)--

   Struck: (i) in clause (vii), by striking "each succeeding fiscal year; or" and inserting "each of fiscal years 2004, 2005, and 2006;"; and

   Struck: (ii) by adding after clause (vii) the following:

   Struck: "(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and

   Struck: "(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or";

   Struck: (2) in paragraph (5)--

   Struck: (A) in subparagraph (B), by striking "or" at the end;

   Struck: (B) in subparagraph (C), by striking the period at the end and inserting "; or"; and

   Struck: (C) by adding at the end the following:

   Struck: "(D) has earned an advanced degree in science, technology, engineering, or math.";

   Struck: (3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and

   Struck: (4) by inserting after paragraph (8) the following:

   Struck: "(9) If the numerical limitation in paragraph (1)(A)--

   Struck: "(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or

   Struck: "(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.".

   Struck: (d) Applicability.--The amendment made by subsection (c)(2) shall apply to any visa application--

   Struck: (1) pending on the date of the enactment of this Act; or

   Struck: (2) filed on or after such date of enactment.

   Struck: SEC. 407. MEDICAL SERVICES IN UNDERSERVED AREAS.

   Struck: Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note; Public Law 103-416) is amended by striking "Act and before June 1, 2006." and inserting "Act.".

   Inserted: "(G)(i) If the beneficiary of a petition under this subsection is coming to the United States to open, or be employed in, a new facility, the petition may be approved for a period not to exceed 12 months only if the employer operating the new facility has--

   Inserted: "(I) a business plan;

   Inserted: "(II) sufficient physical premises to carry out the proposed business activities; and

   Inserted: "(III) the financial ability to commence doing business immediately upon the approval of the petition.

   Inserted: "(ii) An extension of the approval period under clause (i) may not be granted until the importing employer submits to the Secretary of Homeland Security--

   Inserted: "(I) evidence that the importing employer meets the requirements of this subsection;

   Inserted: "(II) evidence that the beneficiary meets the requirements of section 101(a)(15)(L);

   Inserted: "(III) a statement summarizing the original petition;

   Inserted: "(IV) evidence that the importing employer has fully complied with the business plan submitted under clause (i);

   Inserted: "(V) evidence of the truthfulness of any representations made in connection with the filing of the original petition;

   Inserted: "(VI) evidence that the importing employer, during the previous 12 months, has been doing business at the new facility through regular, systematic, and continuous provision of goods or services, or has otherwise been taking commercially reasonable steps to establish the new facility as a commercial enterprise;

   Inserted: "(VII) a statement of the duties the beneficiary has performed at the new facility during the previous 12 months and the duties the beneficiary will perform at the new facility during the extension period approved under this clause;

   Show 54 more inserted paragraphsShow less

   Inserted: "(VIII) a statement describing the staffing at the new facility, including the number of employees and the types of positions held by such employees;

   Inserted: "(IX) evidence of wages paid to employees if the beneficiary will be employed in a managerial or executive capacity;

   Inserted: "(X) evidence of the financial status of the new facility; and

   Inserted: "(XI) any other evidence or data prescribed by the Secretary.

   Inserted: "(iii) Notwithstanding subclauses (I) through (VI) of clause (ii) and subject to the maximum period of authorized admission set forth in subparagraph (D), the Secretary of Homeland Security may approve a subsequently filed petition on behalf of the beneficiary to continue employment at the facility described in this subsection for a period beyond the initially granted 12-month period if the importing employer demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances beyond the control of the importing employer.

   Inserted: "(H)(i) The Secretary of Homeland Security may not authorize the spouse of an alien described under section 101(a)(15)(L), who is a dependent of a beneficiary under subparagraph (G), to engage in employment in the United States during the initial 9-month period described in subparagraph (G)(i).

   Inserted: "(ii) A spouse described in clause (i) may be provided employment authorization upon the approval of an extension under subparagraph (G)(ii).

   Inserted: "(I) For purposes of determining the eligibility of an alien for classification under Section 101(a)(15)(L) of this Act, the Secretary of Homeland Security shall establish a program to work cooperatively with the Department of State to verify a company or facility's existence in the United States and abroad.".

   Inserted: SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

   Inserted: There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this subtitle and the amendments made by this subtitle for the first fiscal year beginning before the date of enactment of this Act and each of the subsequent fiscal years beginning not more than 7 years after the effective date of the regulations promulgated by the Secretary to implement this subtitle.

   Inserted: Subtitle B--Immigration Injunction Reform SEC. 421. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Fairness in Immigration Litigation Act of 2006".

   Inserted: SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

   Inserted: (a) Requirements for an Order Granting Prospective Relief Against the Government.--

   Inserted: (1) In general.--If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court shall--

   Inserted: (A) limit the relief to the minimum necessary to correct the violation of law;

   Inserted: (B) adopt the least intrusive means to correct the violation of law;

   Inserted: (C) minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety, and

   Inserted: (D) provide for the expiration of the relief on a specific date, which is not later than the earliest date necessary for the Government to remedy the violation.

   Inserted: (2) Written explanation.--The requirements described in subsection (1) shall be discussed and explained in writing in the order granting prospective relief and must be sufficiently detailed to allow review by another court.

   Inserted: (3) Expiration of preliminary injunctive relief.--Preliminary injunctive relief shall automatically expire on the date that is 90 days after the date on which such relief is entered, unless the court--

   Inserted: (A) makes the findings required under paragraph (1) for the entry of permanent prospective relief; and

   Inserted: (B) makes the order final before expiration of such 90-day period.

   Inserted: (4) Requirements for order denying motion.--This subsection shall apply to any order denying the Government's motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States.

   Inserted: (b) Procedure for Motion Affecting Order Granting Prospective Relief Against the Government.--

   Inserted: (1) In general.--A court shall promptly rule on the Government's motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States.

   Inserted: (2) Automatic stays.--

   Inserted: (A) In general.--The Government's motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief made in any civil action pertaining to the administration or enforcement of the immigration laws of the United States shall automatically, and without further order of the court, stay the order granting prospective relief on the date that is 15 days after the date on which such motion is filed unless the court previously has granted or denied the Government's motion.

   Inserted: (B) Duration of automatic stay.--An automatic stay under subparagraph (A) shall continue until the court enters an order granting or denying the Government's motion.

   Inserted: (C) Postponement.--The court, for good cause, may postpone an automatic stay under subparagraph (A) for not longer than 15 days.

   Inserted: (D) Orders blocking automatic stays.--Any order staying, suspending, delaying, or otherwise barring the effective date of the automatic stay described in subparagraph (A), other than an order to postpone the effective date of the automatic stay for not longer than 15 days under subparagraph (C), shall be--

   Inserted: (i) treated as an order refusing to vacate, modify, dissolve or otherwise terminate an injunction; and

   Inserted: (ii) immediately appealable under section 1292(a)(1) of title 28, United States Code.

   Inserted: (c) Settlements.--

   Inserted: (1) Consent decrees.--In any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court may not enter, approve, or continue a consent decree that does not comply with subsection (a).

   Inserted: (2) Private settlement agreements.--Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with subsection (a) if the terms of that agreement are not subject to court enforcement other than reinstatement of the civil proceedings that the agreement settled.

   Inserted: (d) Definitions.--In this section:

   Inserted: (1) Consent decree.--The term "consent decree"--

   Inserted: (A) means any relief entered by the court that is based in whole or in part on the consent or acquiescence of the parties; and

   Inserted: (B) does not include private settlements.

   Inserted: (2) Good cause.--The term "good cause" does not include discovery or congestion of the court's calendar.

   Inserted: (3) Government.--The term "Government" means the United States, any Federal department or agency, or any Federal agent or official acting within the scope of official duties.

   Inserted: (4) Permanent relief.--The term "permanent relief" means relief issued in connection with a final decision of a court.

   Inserted: (5) Private settlement agreement.--The term "private settlement agreement" means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil action that the agreement settled.

   Inserted: (6) Prospective relief.--The term "prospective relief" means temporary, preliminary, or permanent relief other than compensatory monetary damages.

   Inserted: (e) Expedited Proceedings.--It shall be the duty of every court to advance on the docket and to expedite the disposition of any civil action or motion considered under this section.

   Inserted: SEC. 423. EFFECTIVE DATE.

   Inserted: (a) In General.--This subtitle shall apply with respect to all orders granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, whether such relief was ordered before, on, or after the date of the enactment of this Act.

   Inserted: (b) Pending Motions.--Every motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any such action, which motion is pending on the date of the enactment of this Act, shall be treated as if it had been filed on such date of enactment.

   Inserted: (c) Automatic Stay for Pending Motions.--

   Inserted: (1) In general.--An automatic stay with respect to the prospective relief that is the subject of a motion described in subsection (b) shall take effect without further order of the court on the date which is 10 days after the date of the enactment of this Act if the motion--

   Inserted: (A) was pending for 45 days as of the date of the enactment of this Act; and

   Inserted: (B) is still pending on the date which is 10 days after such date of enactment.

   Inserted: (2) Duration of automatic stay.--An automatic stay that takes effect under paragraph (1) shall continue until the court enters an order granting or denying the Government's motion under section 422(b). There shall be no further postponement of the automatic stay with respect to any such pending motion under section 422(b)(2). Any order, staying, suspending, delaying or otherwise barring the effective date of this automatic stay with respect to pending motions described in subsection (b) shall be an order blocking an automatic stay subject to immediate appeal under section 422(b)(2)(D).

   Original wording

   Strike title IV and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed