S.Amdt. 3586

SA 3586. Mr. ENSIGN (for himself and Mr. Chambliss) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes: which was ordered to lie on the table; as follows:

Beginning on page 333, strike line 10 and all that follows through page 416, Line 11 and insert all that follows:

(c) Mandatory Departure and Reentry.--

(1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et seq.), as amended by subsection (b)(1), is further amended by inserting after section 245B the following: “ “SEC. 245C. MANDATORY DEPARTURE AND REENTRY.

“(a) In General.--The Secretary of Homeland Security may grant Deferred Mandatory Departure status to aliens who are in the United States illegally to allow such aliens time to depart the United States and to seek admission as a nonimmigrant or immigrant alien.

“(b) Requirements.--An alien desiring an adjustment of status under subsection (a) shall meet the following requirements:

“(1) Presence.--The alien shall establish that the alien--

“(A) was physically present in the United States on January 7, 2004;

“(B) has been continuously in the United States since such date, except for brief, casual, and innocent departures; and

“(C) was not legally present in the United States on that date under any classification set forth in section 101(a)(15).

“(2) Employment.--

“(A) In general.--The alien shall establish that the alien--

“(i) was employed in the United States, whether full time, part time, seasonally, or self-employed, before January 7, 2004; and

“(ii) has been continuously employed in the United States since that date, except for brief periods of unemployment lasting not longer than 60 days.

“(B) Evidence of employment.--

“(i) In general.--An alien may conclusively establish employment status in compliance with subparagraph (A) by submitting to the Secretary of Homeland Security records demonstrating such employment maintained by--

“(I) the Social Security Administration, Internal Revenue Service, or by any other Federal, State, or local government agency;

“(II) an employer; or

“(III) a labor union, day labor center, or an organization that assists workers in matters related to employment.

“(ii) Other documents.--An alien who is unable to submit a document described in subclauses (I) through (III) of clause (i) may satisfy the requirement in subparagraph (A) by submitting to the Secretary at least 2 other types of reliable documents that provide evidence of employment, including--

“(I) bank records;

“(II) business records;

“(III) sworn affidavits from nonrelatives who have direct knowledge of the alien's work; or

“(IV) remittance records.

“(iii) Intent of congress.--It is the intent of Congress that the requirement in this subsection be interpreted and implemented in a manner that recognizes and takes into account the difficulties encountered by aliens in obtaining evidence of employment due to the undocumented status of the alien.

“(iv) Burden of proof.--An alien who is applying for adjustment of status under this section has the burden of proving by a preponderance of the evidence that the alien has satisfied the requirements of this subsection. An alien may meet such burden of proof by producing sufficient evidence to demonstrate such employment as a matter of reasonable inference.

“(3) Admissibility.--

“(A) In general.--The alien shall establish that such alien--

“(i) is admissible to the United States, except as provided as in (B); and

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

“(B) Grounds not applicable.--The provisions of paragraphs (5), (6)(A), and (7) of section 212(a) shall not apply.

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

“(4) Ineligible.--The alien is ineligible for Deferred Mandatory Departure status if the alien--

“(A) has been ordered excluded, deported, removed, or to depart voluntarily from the United States; or

“(B) fails to comply with any request for information by the Secretary of Homeland Security.

“(5) Medical examination.--The alien may be required, at the alien's expense, to undergo such a medical examination (including a determination of immunization status) as is appropriate and conforms to generally accepted professional standards of medical practice.

“(6) Termination.--The Secretary of Homeland Security may terminate an alien's Deferred Mandatory Departure status if--

“(A) the Secretary of Homeland Security determines that the alien was not in fact eligible for such status; or

“(B) the alien commits an act that makes the alien removable from the United States.

“(7) Application content and waiver.--

“(A) Application form.--The Secretary of Homeland Security shall create an application form that an alien shall be required to complete as a condition of obtaining Deferred Mandatory Departure status.

“(B) Content.--In addition to any other information that the Secretary requires to determine an alien's eligibility for Deferred Mandatory Departure, the Secretary shall require an alien to answer questions concerning the alien's physical and mental health, criminal history, gang membership, renunciation of gang affiliation, immigration history, involvement with groups or individuals that have engaged in terrorism, genocide, persecution, or who seek the overthrow of the United States Government, voter registration history, claims to United States citizenship, and tax history.

“(C) Waiver.--The Secretary of Homeland Security shall require an alien to include with the application a waiver of rights that explains to the alien that, in exchange for the discretionary benefit of obtaining Deferred Mandatory Departure status, the alien agrees to waive any right to administrative or judicial review or appeal of an immigration officer's determination as to the alien's eligibility, or to contest any removal action, other than on the basis of an application for asylum or restriction of removal pursuant to the provisions contained in section 208 or 241(b)(3), or under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, or cancellation of removal pursuant to section 240A(a).

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

“(c) Implementation and Application Time Periods.--

“(1) In general.--The Secretary of Homeland Security shall ensure that the application process is secure and incorporates antifraud protection. The Secretary of Homeland Security shall interview an alien to determine eligibility for Deferred Mandatory Departure status and shall utilize biometric authentication at time of document issuance.

“(2) Initial receipt of applications.--The Secretary of Homeland Security shall begin accepting applications for Deferred Mandatory Departure status not later than 3 months after the date on which the application form is first made available.

“(3) Application.--An alien must submit an initial application for Deferred Mandatory Departure status not later than 6 months after the date on which the application form is first made available. An alien that fails to comply with this requirement is ineligible for Deferred Mandatory Departure status.

“(4) Completion of processing.--The Secretary of Homeland Security shall ensure that all applications for Deferred Mandatory Departure status are processed not later than 12 months after the date on which the application form is first made available.

“(d) Security and Law Enforcement Background Checks.--An alien may not be granted Deferred Mandatory Departure status unless the alien submits biometric data in accordance with procedures established by the Secretary of Homeland Security. The Secretary of Homeland Security may not grant Deferred Mandatory Departure status until all appropriate background checks are completed to the satisfaction of the Secretary of Homeland Security.

“(e) Acknowledgment.--

“(1) In general.--An alien who applies for Deferred Mandatory Departure status shall submit to the Secretary of Homeland Security--

“(A) an acknowledgment made in writing and under oath that the alien--

“(i) is unlawfully present in the United States and subject to removal or deportation, as appropriate, under this Act; and

“(ii) understands the terms of the terms of Deferred Mandatory Departure;

“(B) any Social Security account number or card in the possession of the alien or relied upon by the alien;

“(C) any false or fraudulent documents in the alien's possession.

“(2) Use of information.--None of the documents or other information provided in accordance with paragraph (1) may be used in a criminal proceeding against the alien providing such documents or information.

“(f) Mandatory Departure.--

“(1) In general.--The Secretary of Homeland Security shall grant Deferred Mandatory Departure status to an alien who meets the requirements of this section for a period not to exceed 3 years.

“(2) Registration at time of departure.--An alien granted Deferred Mandatory Departure shall--

“(A) depart from the United States before the expiration of the period of Deferred Mandatory Departure status;

“(B) register with the Secretary of Homeland Security at the time of departure; and

“(C) surrender any evidence of Deferred Mandatory Departure status at the time of departure.

“(3) Application for readmission.--

“(A) In general.--An alien under this section may apply for admission to the United States as an immigrant or nonimmigrant while in the United States or from any location outside of the United States, but may not be granted admission until the alien has departed from the United States in accordance with paragraph (2).

“(B) Approval.--The Secretary may approve an application under subparagraph (A) during the period in which the alien is present in the United States under Deferred Mandatory Departure status.

“(C) US-visit.--An alien in Deferred Mandatory Departure status who is seeking admission as a nonimmigrant or immigrant alien may exit the United States and immediately reenter the United States at any land port of entry at which the US-VISIT exit and entry system can process such alien for admission into the United States.

“(D) Interview requirements.--Notwithstanding any other provision of law, any admission requirement involving in-person interviews at a consulate of the United States shall be waived for aliens granted Deferred Mandatory Departure status under this section.

“(E) Waiver of numerical limitations.--The numerical limitations under section 214 shall not apply to any alien who is admitted as a nonimmigrant under this paragraph.

“(4) Effect of readmission on spouse or child.--The spouse or child of an alien granted Deferred Mandatory Departure and subsequently granted an immigrant or nonimmigrant visa before departing the United States shall be--

“(A) deemed to have departed under this section upon the successful admission of the principal alien; and

“(B) eligible for the derivative benefits associated with the immigrant or nonimmigrant visa granted to the principal alien without regard to numerical caps related to such visas.

“(5) Waivers.--The Secretary of Homeland Security may waive the departure requirement under this subsection if the alien--

“(A) is granted an immigrant or nonimmigrant visa; and

“(B) can demonstrate that the departure of the alien would create a substantial hardship on the alien or an immediate family member of the alien.

“(6) Return in legal status.--An alien who complies with the terms of Deferred Mandatory Departure status and who departs before the expiration of such status--

“(A) shall not be subject to section 212(a)(9)(B); and

“(B) if otherwise eligible, may immediately seek admission as a nonimmigrant or immigrant.

“(7) Failure to depart.--An alien who fails to depart the United States prior to the expiration of Mandatory Deferred Departure status is not eligible and may not apply for or receive any immigration relief or benefit under this Act or any other law for a period of 10 years, with the exception of section 208 or 241(b)(3) or the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, in the case of an alien who indicates either an intention to apply for asylum under section 208 or a fear of persecution or torture.

“(8) Penalties for delayed departure.--An alien who fails to depart immediately shall be subject to--

“(A) no fine if the alien departs not later than 1 year after the grant of Deferred Mandatory Departure;

“(B) a fine of $2,000 if the alien does not depart within 2 years after the grant of Deferred Mandatory Departure; and

“(C) a fine of $3,000 if the alien does not depart within 3 years after the grant of Deferred Mandatory Departure.

“(g) Evidence of Deferred Mandatory Departure Status.--Evidence of Deferred Mandatory Departure status shall be machine-readable and tamper-resistant, shall allow for biometric authentication, and shall comply with the requirements under section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). The Secretary of Homeland Security is authorized to incorporate integrated-circuit technology into the document. The Secretary of Homeland Security shall consult with the Forensic Document Laboratory in designing the document. The document may serve as a travel, entry, and work authorization document during the period of its validity. The document may be accepted by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B).

“(h) Terms of Status.--

“(1) Reporting.--During the period of Deferred Mandatory Departure, an alien shall comply with all registration requirements under section 264.

“(2) Travel.--

“(A) An alien granted Deferred Mandatory Departure is not subject to section 212(a)(9) for any unlawful presence that occurred prior to the Secretary of Homeland Security granting the alien Deferred Mandatory Departure status.

“(B) Under regulations established by the Secretary of Homeland Security, an alien granted Deferred Mandatory Departure--

“(i) may travel outside of the United States and may be readmitted if the period of Deferred Mandatory Departure status has not expired; and

“(ii) must establish at the time of application for admission that the alien is admissible under section 212.

“(C) Effect on period of authorized admission.--Time spent outside the United States under subparagraph (B) shall not extend the period of Deferred Mandatory Departure status.

“(3) Benefits.--During the period in which an alien is granted Deferred Mandatory Departure under this section--

“(A) the alien shall not be considered to be permanently residing in the United States under the color of law and shall be treated as a nonimmigrant admitted under section 214; and

“(B) the alien may be deemed ineligible for public assistance by a State (as defined in section 101(a)(36)) or any political subdivision thereof which furnishes such assistance.

“(i) Prohibition on Change of Status or Adjustment of Status.--

“(1) In general.--Before leaving the United States, an alien granted Deferred Mandatory Departure status may not apply to change status under section 248.

“(2) Adjustment of status.--An alien may not adjust to an immigrant classification under this section until after the earlier of--

“(A) the consideration of all applications filed under section 201, 202, or 203 before the date of enactment of this section; or

“(B) 8 years after the date of enactment of this section.

“(j) Application Fee.--

“(1) In general.--An alien seeking a grant of Deferred Mandatory Departure status shall submit, in addition to any other fees authorized by law, an application fee of $1,000.

“(2) Use of fee.--The fees collected under paragraph (1) shall be available for use by the Secretary of Homeland Security for activities to identify, locate, or remove illegal aliens.

“(k) Family Members.--

“(1) In general.--Subject subsection (f)(4), the spouse or child of an alien granted Deferred Mandatory Departure status is subject to the same terms and conditions as the principal alien.

“(2) Application fee.--

“(A) In general.--The spouse or child of an alien seeking Deferred Mandatory Departure status shall submit, in addition to any other fee authorized by law, an additional fee of $500.

“(B) Use of fee.--The fees collected under subparagraph (A) shall be available for use by the Secretary of Homeland Security for activities to identify, locate, or remove aliens who are removable under section 237.

“(l) Employment.--

“(1) In general.--An alien who has applied for or has been granted Deferred Mandatory Departure status may be employed in the United States.

“(2) Continuous employment.--An alien granted Deferred Mandatory Departure status must be employed while in the United States. An alien who fails to be employed for 60 days is ineligible for hire until the alien has departed the United States and reentered. The Secretary of Homeland Security may reauthorize an alien for employment without requiring the alien's departure from the United States.

“(m) Enumeration of Social Security Number.--The Secretary of Homeland Security, in coordination with the Commissioner of the Social Security system, shall implement a system to allow for the enumeration of a Social Security number and production of a Social Security card at the time the Secretary of Homeland Security grants an alien Deferred Mandatory Departure status.

“(n) Penalties for False Statements in Application for Deferred Mandatory Departure.--

“(1) Criminal penalty.--

“(A) Violation.--It shall be unlawful for any person--

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

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

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

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

“(o) Relation to Cancellation of Removal.--With respect to an alien granted Deferred Mandatory Departure status under this section, the period of such status shall not be counted as a period of physical presence in the United States for purposes of section 240A(a), unless the Secretary of Homeland Security determines that extreme hardship exists.

“(p) Waiver of Rights.--An alien is not eligible for Deferred Mandatory Departure status, unless the alien has waived any right to contest, other than on the basis of an application for asylum, restriction of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, or cancellation of removal pursuant to section 240A(a), any action for deportation or removal of the alien that is instituted against the alien subsequent to a grant of Deferred Mandatory Departure status.

“(q) Denial of Discretionary Relief.--The determination of whether an alien is eligible for a grant of Deferred Mandatory Departure status is solely within the discretion of the Secretary of Homeland Security. Notwithstanding any other provision of law, no court shall have jurisdiction to review--

“(1) any judgment regarding the granting of relief under this section; or

“(2) any other decision or action of the Secretary of Homeland Security the authority for which is specified under this section to be in the discretion of the Secretary, other than the granting of relief under section 208(a).

“(r) Judicial Review.--

“(1) Limitations on relief.--Without regard to the nature of the action or claim and without regard to the identity of the party or parties bringing the action, no court may--

“(A) enter declaratory, injunctive, or other equitable relief in any action pertaining to--

“(i) an order or notice denying an alien a grant of Deferred Mandatory Departure status or any other benefit arising from such status; or

“(ii) an order of removal, exclusion, or deportation entered against an alien after a grant of Deferred Mandatory Departure status; or

“(B) certify a class under Rule 23 of the Federal Rules of Civil Procedure in any action for which judicial review is authorized under a subsequent paragraph of this subsection.

“(2) Challenges to validity.--

“(A) In general.--Any right or benefit not otherwise waived or limited pursuant this section is available in an action instituted in the United States District Court for the District of Columbia, but shall be limited to determinations of--

“(i) whether such section, or any regulation issued to implement such section, violates the Constitution of the United States; or

“(ii) whether such a regulation, or a written policy directive, written policy guideline, or written procedure issued by or under the authority of the Secretary of Homeland Security to implement such section, is not consistent with applicable provisions of this section or is otherwise in violation of law.”.

(2) Table of contents.--The table of contents (8 U.S.C. 1101 et seq.), as amended by this subsection (b)(2), is further amended by inserting after the item relating to section 245B the following:

“245C. Mandatory Departure and Reentry.”.

(3) Conforming amendment.--Section 237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) is amended by inserting “(or 6 months in the case of an alien granted Deferred Mandatory Departure status under section 245C)” after “imposed”.

(4) Statutory construction.--Nothing in this subsection, or any amendment made by this subsection, shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

(5) Authorization of appropriations.--There are authorized to be appropriated such amounts as may be necessary for facilities, personnel (including consular officers), training, technology, and processing necessary to carry out the amendments made by this subsection.

(d) Correction of Social Security Records.--Section 208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is amended--

(1) in subparagraph (B)(ii), by striking “or” at the end;

(2) in subparagraph (C), by inserting “or” at the end;

(3) by inserting after subparagraph (C) the following:

“(D) whose status is adjusted to that of lawful permanent resident under section 245B of the Immigration and Nationality Act,”; and

(4) by striking “1990.” and inserting “1990, or in the case of an alien described in subparagraph (D), if such conduct is alleged to have occurred prior to the date on which the alien became lawfully admitted for temporary residence.”.

Subtitle B--Agricultural Job Opportunities, Benefits, and Security SEC. 611. SHORT TITLE.

This subtitle may be cited as the “Agricultural Job Opportunities, Benefits, and Security Act of 2006” or the “AgJOBS Act of 2006”.

SEC. 612. DEFINITIONS.

In this subtitle:

(1) Agricultural employment.--The term “agricultural employment” means any service or activity that is considered to be agricultural under section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural labor under section 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, agricultural employment includes employment under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).

(2) Blue card status.--The term “blue card status” means the status of an alien who has been lawfully admitted into the United States for temporary residence under section 613(a).

(3) Employer.--The term “employer” means any person or entity, including any farm labor contractor and any agricultural association, that employs workers in agricultural employment.

(4) Job opportunity.--The term “job opportunity” means a job opening for temporary full-time employment at a place in the United States to which United States workers can be referred.

(5) Temporary.--A worker is employed on a “temporary” basis where the employment is intended not to exceed 10 months.

(6) United states worker.--The term “United States worker” means any worker, whether a United States citizen or national, a lawfully admitted permanent resident alien, or any other alien, who is authorized to work in the job opportunity within the United States, except an alien admitted or otherwise provided status under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).

(7) Work day.--The term “work day” means any day in which the individual is employed 1 or more hours in agriculture consistent with the definition of “man-day” under section 3(u) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(u)).

CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS

SEC. 613. AGRICULTURAL WORKERS.

(a) Blue Card Program.--

(1) In general.--Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--

(A) has performed agricultural employment in the United States for at least 863 hours or 150 work days, whichever is less, during the 24-month period ending on December 31, 2005;

(B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and

(C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).

(2) Authorized travel.--An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.

(3) Authorized employment.--An alien in blue card status shall be provided an “employment authorized” endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.

(4) Termination of blue card status.--

(A) In general.--The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.

(B) Grounds for termination of blue card status.--Before any alien becomes eligible for adjustment of status under subsection (c), the Secretary may deny adjustment to permanent resident status and provide for termination of the blue card status granted such alien under paragraph (1) if--

(i) the Secretary finds, by a preponderance of the evidence, that the adjustment to blue card status was the result of fraud or willful misrepresentation (as described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or

(ii) the alien--

(I) commits an act that makes the alien inadmissible to the United States as an immigrant, except as provided under subsection (e)(2);

(II) is convicted of a felony or 3 or more misdemeanors committed in the United States; or

(III) is convicted of an offense, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500.

(5) Record of employment.--

(A) In general.--Each employer of a worker granted status under this subsection shall annually--

(i) provide a written record of employment to the alien; and

(ii) provide a copy of such record to the Secretary.

(B) Sunset.--The obligation under subparagraph (A) shall terminate on the date that is 6 years after the date of the enactment of this Act.

(6) Required features of blue card.--The Secretary shall provide each alien granted blue card status and the spouse and children of each such alien residing in the United States with a card that contains--

(A) an encrypted, machine-readable, electronic identification strip that is unique to the alien to whom the card is issued;

(B) biometric identifiers, including fingerprints and a digital photograph; and

(C) physical security features designed to prevent tampering, counterfeiting, or duplication of the card for fraudulent purposes.

(7) Fine.--An alien granted blue card status shall pay a fine to the Secretary in an amount equal to $100.

(8) Maximum number.--The Secretary may issue not more than 1,500,000 blue cards during the 5-year period beginning on the date of the enactment of this Act.

(b) Rights of Aliens Granted Blue Card Status.--

(1) In general.--Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(2) Delayed eligibility for certain federal public benefits.--An alien in blue card status shall not be eligible, by reason of such status, for any form of assistance or benefit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date on which the Secretary confers blue card status upon that alien.

(3) Terms of employment respecting aliens admitted under this section.--

(A) Prohibition.--No alien granted blue card status may be terminated from employment by any employer during the period of blue card status except for just cause.

(B) Treatment of complaints.--

(i) Establishment of process.--The Secretary shall establish a process for the receipt, initial review, and disposition of complaints by aliens granted blue card status who allege that they have been terminated without just cause. No proceeding shall be conducted under this subparagraph with respect to a termination unless the Secretary determines that the complaint was filed not later than 6 months after the date of the termination.

(ii) Initiation of arbitration.--If the Secretary finds that a complaint has been filed in accordance with clause (i) and there is reasonable cause to believe that the complainant was terminated without just cause, the Secretary shall initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint a mutually agreeable arbitrator from the roster of arbitrators maintained by such Service for the geographical area in which the employer is located. The procedures and rules of such Service shall be applicable to the selection of such arbitrator and to such arbitration proceedings. The Secretary shall pay the fee and expenses of the arbitrator, subject to the availability of appropriations for such purpose.

(iii) Arbitration proceedings.--The arbitrator shall conduct the proceeding in accordance with the policies and procedures promulgated by the American Arbitration Association applicable to private arbitration of employment disputes. The arbitrator shall make findings respecting whether the termination was for just cause. The arbitrator may not find that the termination was for just cause unless the employer so demonstrates by a preponderance of the evidence. If the arbitrator finds that the termination was not for just cause, the arbitrator shall make a specific finding of the number of days or hours of work lost by the employee as a result of the termination. The arbitrator shall have no authority to order any other remedy, including, but not limited to, reinstatement, back pay, or front pay to the affected employee. Within 30 days from the conclusion of the arbitration proceeding, the arbitrator shall transmit the findings in the form of a written opinion to the parties to the arbitration and the Secretary. Such findings shall be final and conclusive, and no official or court of the United States shall have the power or jurisdiction to review any such findings.

(iv) Effect of arbitration findings.--If the Secretary receives a finding of an arbitrator that an employer has terminated an alien granted blue card status without just cause, the Secretary shall credit the alien for the number of days or hours of work lost for purposes of the requirement of subsection (c)(1).

(v) Treatment of attorney's fees.--The parties shall bear the cost of their own attorney's fees involved in the litigation of the complaint.

(vi) Nonexclusive remedy.--The complaint process provided for in this subparagraph is in addition to any other rights an employee may have in accordance with applicable law.

(vii) Effect on other actions or proceedings.--Any finding of fact or law, judgment, conclusion, or final order made by an arbitrator in the proceeding before the Secretary shall not be conclusive or binding in any separate or subsequent action or proceeding between the employee and the employee's current or prior employer brought before an arbitrator, administrative agency, court, or judge of any State or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts, except that the arbitrator's specific finding of the number of days or hours of work lost by the employee as a result of the employment termination may be referred to the Secretary pursuant to clause (iv).

(C) Civil penalties.--

(i) In general.--If the Secretary finds, after notice and opportunity for a hearing, that an employer of an alien granted blue card status has failed to provide the record of employment required under subsection (a)(5) or has provided a false statement of material fact in such a record, the employer shall be subject to a civil money penalty in an amount not to exceed $1,000 per violation.

(ii) Limitation.--The penalty applicable under clause (i) for failure to provide records shall not apply unless the alien has provided the employer with evidence of employment authorization granted under this section.

(c) Period of Authorized Admission.--

(1) In general.--An alien may be granted blue card status for a period not to exceed 2 years.

(2) Return to country.--At the end of the period described in paragraph (1), the alien shall return to the country of nationality or last residence of the alien.

(3) Eligibility for nonimmigrant visa.--Upon return to the country of nationality or last residence of the alien under paragraph (2), the alien may apply for any nonimmigrant visa.

(d) Loss of Employment.--

(1) In general.--The blue card status of an alien shall terminate if the alien is not employed for at least 60 consecutive days.

(2) Return to country.--An alien whose period of authorized admission terminates under paragraph (1) shall return to the country of nationality or last residence of the alien.

(e) Prohibition of Change or Adjustment of Status.--

(1) In general.--An alien with blue card status shall not be eligible to change or adjust status in the United States.

(2) Loss of eligibility.--An alien with blue card status shall lose the status if the alien--

(A) files a petition to adjust status to legal permanent residence in the United States; or

(B) requests a consular processisng for an immigrant or nonimmigrant Visa outside the United States.