S.Amdt. 4019

1. Rewrites page 345, line 6 through page 395, line 23

   ReplacesPrinted page

   Removes page 345, line 6 through page 395, line 23 of the printed bill. See that page

   Inserted: TITLE VI--WORK AUTHORIZATION FOR UNDOCUMENTED INDIVIDUALS

   Inserted: Subtitle A--Treatment of Individuals Who Remain in United States After Authorized Entry SEC. 601. ELIGIBILITY FOR H-2C NONIMMIGRANT STATUS.

   Inserted: (a) In General.--Notwithstanding the foreign residency requirement under section 101(a)(15)(H)(ii)(c)(aa) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)(aa)) and except as provided under subsection (b), an alien is eligible for H-2C nonimmigrant status (as defined in section 218A(n)(7) of such Act) under the terms and conditions established under section 218A of such Act, as added by section 403 of this Act, if the alien establishes that the alien--

   Inserted: (1) entered the United States in accordance with the immigration laws of the United States;

   Inserted: (2) has been continuously in the United States since such date of entry, except for brief, casual, and innocent departures; and

   Inserted: (3) remained in the United States after the end of the period for which the alien was admitted into the United States.

   Inserted: (b) Grounds for Ineligibility.--An alien is ineligible for H-2C nonimmigrant status if the alien--

   Inserted: (1) has been ordered excluded, deported, removed, or to depart voluntarily from the United States; or

   Inserted: (2) fails to comply with any request for information by the Secretary of Homeland Security.

   Inserted: (c) Additional Admission Requirements.--

   Inserted: (1) In General.--In addition to the admission requirements under section 218A(d) of the Immigration and Nationality Act, an alien who applies H-2C nonimmigrant status pursuant to this section shall submit to the Secretary--

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

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   Inserted: (i) has remained in the United States beyond the period for which the alien was admitted and is subject to removal or deportation, as appropriate, under the Immigration and Nationality Act; and

   Inserted: (ii) understands the terms and conditions of H-2C nonimmigrant status;

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

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

   Inserted: (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.

   Inserted: (d) Waiver of Numerical Limitations.--The numerical limitations under section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) shall not apply to any alien who is granted H-2C nonimmigrant status pursuant to this section.

   Inserted: (e) Benefits.--During the period in which an alien is granted H-2C nonimmigrant status pursuant to this section--

   Inserted: (1) 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 of the Immigration and Nationality Act (8 U.S.C. 1184); and

   Inserted: (2) the alien may be deemed ineligible for public assistance by a State (as defined in section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)) or any political subdivision of such State, which furnishes such assistance.

   Inserted: (f) Termination.--The Secretary may terminate the H-2C nonimmigrant status of an alien described in subsection (a) if--

   Inserted: (1) the determines that the alien was not in fact eligible for such status; or

   Inserted: (2) the alien commits an act that makes the alien removable from the United States.

   Inserted: (g) Return in Legal Status.--An alien described in subsection (a) who complies with the terms and conditions of H-2C nonimmigrant status and who leaves the United States before the expiration of such status--

   Inserted: (1) shall not be subject to prosecution under section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)); and

   Inserted: (2) if otherwise eligible, may immediately seek readmission to the United States as a nonimmigrant or immigrant.

   Inserted: (h) Statutory Construction.--Nothing in this section, or any amendment made by this section, 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.

   Inserted: (i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

   Original wording

   On page 345, strike line 6 and all that follows through page 395, line 23, and insert the following:

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

As printed