S.Amdt. 1810

1. Rewrites section 602

   Replaces

   In S. 1639 · Placed on Calendar Senate

   SEC. 602. [struck: EARNED ]ADJUSTMENT [inserted: SHALL BE UNAVAILABLE ]FOR Z STATUS ALIENS.

   Struck: (a) Lawful Permanent Residence.--

   Struck: (1) Z-1 nonimmigrants.--

   Struck: (A) Prohibition on immigrant visa.--A Z-1 nonimmigrant may not be issued an immigrant visa pursuant to sections 221 and 222.

   Struck: (B) Adjustment.--Notwithstanding sections 245 (a) and (c), the status of any Z-1 nonimmigrant may be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence.

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   Struck: (C) Requirements.--A Z-1 nonimmigrant may adjust status to that of an alien lawfully admitted for permanent residence upon satisfying, in addition to all other requirements imposed by law, including the merit requirements set forth in section 203(b)(1)(A)[INSERT CITE], the following requirements:

   Struck: (i) Status.--The alien must be in valid Z-1 nonimmigrant status.

   Struck: (ii) Consular application.--

   Struck: (I) In general.--A Z-1 nonimmigrant's application for adjustment of status to that of an alien lawfully admitted for permanent residence must be filed in person with a United States consulate abroad.

   Struck: (II) Place of application.--Unless otherwise directed by the Secretary of State, a Z-1 nonimmigrant applying for adjustment of status under this paragraph shall make an application at a consular office in the alien's country of origin. A consular office in a country that is not a Z-1 nonimmigrant's country of origin may as a matter of discretion, or shall at the direction of the Secretary of State, accept an application for adjustment of status from such an alien.

   Struck: (iii) Approved petition.--The alien must be the beneficiary of an approved petition under section 204 of the Act or have an approved petition that was filed pursuant to the evaluation system under section 203(b)(1)(A) of the Act.

   Struck: (iv) Admissibility.--The alien must not be inadmissible under section 212(a), except for those grounds previously waived under subsection (d)(2).

   Struck: (v) Fees and penalties.--In addition to the fees payable to the Secretary of Homeland Security and Secretary of State in connection with the filing of an immigrant petition and application for adjustment of status, a Z-1 head of household must pay a $4,000 penalty at the time of submission of any immigrant petition on his behalf, regardless of whether the alien submits such petition on his own behalf or the alien is the beneficiary of an immigrant petition filed by another party.

   Struck: (D) Exemptions.--Section 602(a)(1)(c)(ii) shall not apply to an alien who, on the date on which the application for adjustment of status is filed under this section, is exempted from the employment requirements under subsection (m)(1)(B)(iii).

   Struck: (E) Failure to establish lawful admission to the united states.--Unless exempted under subparagraph (D), a Z immigrant who fails to depart and reenter the United States in accordance with paragraph (1) may not become a lawful permanent resident under this section.

   Struck: (2) Z-2 and z-3 nonimmigrants.--

   Struck: (A) Restriction on visa issuance or adjustment.--An application for an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence of a Z-2 nonimmigrant or a Z-3 nonimmigrant under 18 years of age may not be approved before the adjustment of status of the alien's principal Z-1 nonimmigrant.

   Struck: (B) Adjustment of status.--

   Struck: (i) Adjustment.--Notwithstanding sections 245 (a) and (c), the status of any Z-2 or Z-3 nonimmigrant may be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence.

   Struck: (ii) Requirements.--A Z-2 or Z-3 nonimmigrant may adjust status to that of an alien lawfully admitted for permanent residence upon satisfying, in addition to all other requirements imposed by law, the following requirements:

   Struck: (I) Status.--The alien must be in valid Z-2 or Z-3 nonimmigrant status.

   Struck: (II) Approved petition.--The alien must be the beneficiary of an approved petition under section 204 of the Act or have an approved petition that was filed pursuant to the merit-based evaluation system under section 203(b)(1)(A) of the Act.

   Struck: (III) Admissibility.--The alien must not be inadmissible under section 212(a), except for those grounds previously waived under subsection (d)(2).

   Struck: (IV) Fees.--The alien must pay the fees payable to the Secretary of Homeland Security and Secretary of State in connection with the filing of an immigrant petition and application for an immigrant visa.

   Struck: (3) Maintenance of waivers of inadmissibility.--The grounds of inadmissibility not applicable under section (d)(2) shall also be considered inapplicable for purposes of admission as an immigrant or adjustment pursuant to this subsection.

   Struck: (4) Application of other law.--In processing applications under this subsection on behalf of aliens who have been battered or subjected to extreme cruelty, the Secretary shall apply--

   Struck: (A) the provisions under section 204(a)(1)(J) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(J)); and

   Struck: (B) the protections, prohibitions, and penalties under section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).

   Struck: (5) Back of the line.--An alien may not adjust status to that of a lawful permanent resident under this section until 30 days after an immigrant visa becomes available for approved petitions filed under sections 201, 202, and 203 of the Act that were filed before May 1, 2005.

   Struck: (6) Ineligibility for public benefits.--For purposes of section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613), an alien whose status has been adjusted under this section shall not be eligible for any Federal means-tested public benefit unless the alien meets the alien eligibility criteria for such benefit under title IV of such Act (8 U.S.C. 1601 et seq.).

   Struck: (7) Medical examination.--An applicant for earned adjustment shall undergo an appropriate medical examination (including a determination of immunization status) that conforms to generally accepted professional standards of medical practice.

   Struck: (8) Payment of income taxes.--

   Struck: (A) In general.--Not later than the date on which status is adjusted under this section, the applicant shall satisfy any applicable Federal tax liability accrued during the period of Z status by establishing that--

   Struck: (i) no such tax liability exists;

   Struck: (ii) all outstanding liabilities have been paid; or

   Struck: (iii) the applicant has entered into, and is in compliance with, an agreement for payment of all outstanding liabilities with the Internal Revenue Service.

   Struck: (B) IRS cooperation.--The Secretary of the Treasury shall establish rules and procedures under which the Commissioner of Internal Revenue shall provide documentation to--

   Struck: (i) the applicant, upon request, to establish the payment of all taxes required under this subsection; or

   Struck: (ii) the Secretary, upon request, regarding the payment of Federal taxes by an alien applying for a benefit under this section.

   Struck: (9) Deposit of fees.--Fees collected under this paragraph shall be deposited into the Immigration Examination Fee Account and shall remain available as provided under subsections (m) and (n) of section 286 of the Immigration and Nationality Act (8 U.S.C. 1356).

   Struck: (10) Deposit of penalties.--Penalties collected under this paragraph shall be deposited into the Temporary Worker Program Account and shall remain available as provided under section 286(w) of the Immigration and Nationality Act.

   Inserted: Notwithstanding any other provision of this Act (or an amendment made by this Act)--

   Inserted: (1) a Z nonimmigrant shall not be adjusted to the status of a lawful permanent resident; and

   Inserted: (2) nothing in this section shall be construed to limit the number of times that a Z nonimmigrant can renew the nonimmigrant's status.

   Original wording

   Strike section 602 and insert the following:

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

As printed