109th CONGRESS
2d Session
S. 2326
To provide for immigration reform, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 17, 2006
Mr. DOMENICI introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To provide for immigration reform, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Welcoming Immigrants to a
Secure Homeland Act of 2006' or `WISH Act of 2006'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPROVING ENFORCEMENT
Subtitle A--Increased Enforcement Resources and Penalties
Sec. 101. Additional worksite enforcement and fraud detection agents.
Sec. 102. Penalties for unauthorized employment and false claims of citizenship.
Sec. 103. Penalties for misusing social security numbers or filing false
information with the Social Security Administration.
Subtitle B--Information Integrity and Security
Sec. 111. Social security cards.
Sec. 112. Electronic information.
Subtitle C--Mandatory Electronic Employment Verification of All Workers
in the United States
Sec. 121. Employment eligibility verification system.
Sec. 122. Good faith compliance.
TITLE II--NONIMMIGRANT GUEST WORKERS
Sec. 201. Nonimmigrant guest worker category.
Sec. 202. Guest worker program.
Sec. 203. Special rule for Mexico.
Sec. 204. Statutory construction.
Sec. 205. Authorization of appropriations.
TITLE III--NONIMMIGRANT GUEST WORKER STATUS FOR UNAUTHORIZED ALIENS
Sec. 301. Nonimmigrant guest worker status for unauthorized aliens.
Sec. 302. Statutory construction.
Sec. 303. Authorization of appropriations.
TITLE IV--EMPLOYMENT MANAGEMENT SYSTEM
Sec. 401. Employment management system.
Sec. 402. Labor investigations and penalties.
TITLE V--PROTECTION AGAINST IMMIGRATION FRAUD
Sec. 501. Grants to support public education and training.
TITLE VI--HIGHLY EDUCATED AND SKILLED WORKERS
Sec. 601. Removal of numerical limitations for nonimmigrants with advanced
degrees.
Sec. 602. Aliens not subject to numerical limitations on employment-based
immigrants.
Sec. 603. Off-campus work authorization for foreign students.
Sec. 604. Temporary visas for graduating students.
Sec. 605. Travel authorization.
Sec. 606. Additional employees and technologies.
TITLE VII--TRAVEL RESTRICTIONS FOR TEMPORARY VISITORS
Sec. 701. Travel restrictions.
TITLE VIII--TEMPORARY AGRICULTURAL WORKERS
Sec. 801. Sense of the Senate on temporary agricultural workers.
TITLE I--IMPROVING ENFORCEMENT
Subtitle A--Increased Enforcement Resources and Penalties
SEC. 101. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.
(a) Worksite Enforcement- During each of fiscal years 2007 through 2011,
the Secretary of Homeland Security shall, subject to the availability of
appropriations for such purpose, increase by not less than 2,000 the number
of positions for investigators dedicated to enforcing compliance with sections
274 and 274A of the Immigration and Nationality Act (8 U.S.C. 1324 and 1324a)
for such fiscal year.
(b) Fraud Detection- During each of fiscal years 2007 through 2011, the
Secretary of Homeland Security shall, subject to the availability of appropriations
for such purpose, increase by not less than 1,000 the number of positions
for Immigration Enforcement Agents dedicated to immigration fraud detection
for such fiscal year.
(c) Authorization of Appropriations- There are authorized to be appropriated
for each of fiscal years 2007 through 2011 such sums as may be necessary
to carry out this section.
SEC. 102. PENALTIES FOR UNAUTHORIZED EMPLOYMENT AND FALSE CLAIMS OF CITIZENSHIP.
Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is
amended--
(1) in paragraphs (1)(A), (2), and (4) of subsection (a), by striking
`knowing' each place it appears and inserting `if the person or entity
knows or should have known';
(2) in subsection (b)(2)--
(A) by striking `The individual' and inserting the following:
`(A) IN GENERAL- The individual'; and
(B) by adding at the end the following:
`(B) PENALTIES- Any individual who falsely represents that the individual
is a citizen or national of the United States, an alien lawfully admitted
for permanent residence, or an alien who is authorized by the Attorney
General or by the Secretary of Homeland Security to be hired, recruited,
or referred for such employment for purposes of obtaining employment
shall, for each such violation, be subject to a fine of not more than
$5,000 and a term of imprisonment not to exceed 3 years.'; and
(3) in subsection (f)(1), by striking `$3,000' and inserting `$5,000'.
SEC. 103. PENALTIES FOR MISUSING SOCIAL SECURITY NUMBERS OR FILING FALSE
INFORMATION WITH THE SOCIAL SECURITY ADMINISTRATION.
(a) Misuse of Social Security Numbers-
(1) IN GENERAL- Section 208(a) of the Social Security Act (42 U.S.C. 408(a))
is amended--
(A) in paragraph (7), by adding after subparagraph (C) the following:
`(D) with intent to deceive, discloses, sells, or transfers his own
social security account number, assigned to him by the Commissioner
of Social Security (in the exercise of the Commissioner's authority
under section 205(c)(2) to establish and maintain records), to any person;
or;';
(B) in paragraph (8), by adding `or' at the end; and
(C) by inserting after paragraph (8) the following:
`(9) without lawful authority, offers, for a fee, to acquire for any individual,
or to assist in acquiring for any individual, an additional social security
account number or a number that purports to be a Social Security account
number;'.
(2) EFFECTIVE DATES- Paragraphs (7)(D) and (9) of section 208(a) of the
Social Security Act, as added by paragraph (1), shall apply with respect
to each violation occurring after the date of the enactment of this Act.
(b) Report on Enforcement Efforts Concerning Employers Filing False Information
Returns- The Commissioner of Internal Revenue and the Commissioner of Social
Security shall submit an annual report to Congress on efforts taken to identify
employers that file incorrect information returns and impose appropriate
penalties on such employers.
Subtitle B--Information Integrity and Security
SEC. 111. SOCIAL SECURITY CARDS.
(a) Machine-Readable, Tamper-Resistant Cards-
(A) IN GENERAL- Not later than 3 months after the date of the enactment
of this Act, the Commissioner of Social Security shall initiate a program
to develop and issue machine-readable, tamper-resistant social security
cards.
(B) COMPLETION- As soon as practicable after the date of the enactment
of this Act, the Commissioner of Social Security shall--
(i) only issue machine-readable, tamper-resistant social security
cards; and
(ii) begin a program to replace existing social security cards with
machine-readable, tamper-resistant social security cards.
(2) AMENDMENT- Section 205(c)(2)(G) of the Social Security Act (42 U.S.C.
405(c)(2)(G)) is amended--
(A) by inserting `(i)' after `(G)'; and
(B) by striking `The social security card shall be made of banknote
paper,' and inserting the following:
`(ii) The social security card shall be machine-readable and tamper-resistant;'.
(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as may be necessary to carry out this subsection and the amendments
made by paragraph (2).
(b) Multiple Cards- Section 205(c)(2)(G) of such Act, as amended by subsection
(a)(2), is further amended by adding at the end the following:
`(iii) The Commissioner of Social Security shall not issue a replacement
social security card to any individual unless the Commissioner of Social
Security determines that the purpose for requiring the issuance of the
replacement document is legitimate.'.
(c) Report on Incorporation of Biometric Identifiers- Not later than 6 months
after the date of the enactment of this Act, the Commissioner of Social
Security, in cooperation with the Secretary of Homeland Security, shall
submit to Congress a report on the viability of using biometric authentication
with employment authorization documents.
(d) Effective Date- The amendments made by subsections (a)(2) and (b) shall
take effect 1 year after the date of the enactment of this Act and shall
only apply to social security cards issued after such date.
SEC. 112. ELECTRONIC INFORMATION.
(1) ACCESS TO DATABASE- No officer or employee of any agency or department
of the United States, other than individuals responsible for the enforcement
of immigration laws or for the evaluation of an employment verification
program at the Social Security Administration, the Department of Homeland
Security, or the Department of Labor, may have access to any information
contained in a database maintained pursuant to the Employment Eligibility
Verification System described in section 403 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 8 U.S.C. 1324a note), as amended by section 121 of this Act.
(2) PROTECTION FROM UNAUTHORIZED DISCLOSURE- Information contained in
a database maintained pursuant to the Employment Eligibility Verification
System shall be adequately protected against unauthorized disclosure for
other purposes, as provided in regulations established by the Commissioner
of Social Security, in consultation with the Secretary of Homeland Security
and the Secretary of Labor.
(b) Improvements to Information Integrity-
(1) IN GENERAL- The Commissioner of Social Security shall identify the
sources of false, incorrect, or expired Social Security numbers and take
steps to eliminate such numbers from the Social Security system.
(2) REPORT- Not later than 6 months after the date of the enactment of
this Act, the Commissioner of Social Security shall submit to Congress
a report that--
(A) identifies the sources of false, incorrect, or expired Social Security
numbers;
(B) describes the actions carried out by the Commissioner to identify
and eliminate the numbers described in paragraph (1); and
(C) describes the actions that the Commissioner plans to take to ensure
the removal of the numbers described in paragraph (1) from the Social
Security system during the 1-year period beginning on the date that
the report is submitted.
Subtitle C--Mandatory Electronic Employment Verification of All Workers
in the United States
SEC. 121. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
(a) Renaming of Basic Pilot Program- Subtitle A of title IV of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (division C
of Public Law 104-208; 8 U.S.C. 1324a note) is amended--
(1) in section 401(c)(1), by striking `basic pilot program' and inserting
`Employment Eligibility Verification System'; and
(2) in section 403(a), by striking `(a)' and all that follows through
`agrees to conform' and insert the following:
`(a) Employment Eligibility Verification System- A person or other entity
that participates in the Employment Eligibility Verification System shall
agree to conform'.
(b) Mandatory Participation-
(1) LARGE EMPLOYERS- Beginning not later than 2 years after the date of
the enactment of this Act and notwithstanding any other provision of law,
any person or other entity that hires 50 or more individuals for employment
in the United States shall participate in the Employment Eligibility Verification
System described in section 403 of the Illegal Immigration Reform and
Immigrant Responsibility Act, as amended by subsection (a).
(2) MIDSIZED EMPLOYERS- Beginning not later than 4 years after the date
of the enactment of this Act and notwithstanding any other provision of
law, any person or other entity that hires 25 or more individuals for
employment in the United States shall participate in such Employment Eligibility
Verification System.
(3) SMALL EMPLOYERS- Beginning not later than 6 years after the date of
the enactment of this Act and notwithstanding any other provision of law,
any person or other entity that hires 1 or more individuals for employment
in the United States shall participate in such Employment Eligibility
Verification System.
(4) PARTICIPATION OF EMPLOYERS NOT SUBJECT TO REQUIREMENT- Nothing in
this subsection shall be construed to prevent any person or other entity
that is not required to participate in such Employment Eligibility Verification
System under this subsection from voluntarily participating in such Employment
Eligibility Verification System.
(5) CONFORMING AMENDMENT- Section 402(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
8 U.S.C. 1324a note) is amended in the second sentence by striking the
comma after `(e)' and inserting `or section 121(b) of the Welcoming Immigrants
to a Secure Homeland Act of 2006,'.
(c) Affordability of System- The Secretary of Homeland Security shall work
in cooperation with the Secretary of Labor and the Commissioner of Social
Security to make such Employment Eligibility Verification System affordable
to any person or entity that hires individuals for employment in the United
States.
(d) Electronic Filing- Any employer participating in such Employment Eligibility
Verification System may complete and allow for newly hired individuals to
complete employment verification documents electronically.
(e) Report on Improvement of Employment Eligibility Verification System-
Not later than 1 year after the date of the enactment of this Act, the Secretary
of Homeland Security, in cooperation with the Secretary of Labor and the
Commissioner of Social Security, shall submit to Congress a report on ways
to improve such Employment Eligibility Verification System.
(f) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be required to carry out such Employment Eligibility Verification
System in every State and to allow every employer in the United States to
participate.
SEC. 122. GOOD FAITH COMPLIANCE.
Any employer that complies with the requirements of this subtitle, the amendments
made by this subtitle, and title IV of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) has established
an affirmative defense that the employer has not violated the employment
verification requirements under section 274A of the Immigration and Nationality
Act (8 U.S.C. 1324a).
TITLE II--NONIMMIGRANT GUEST WORKERS
SEC. 201. NONIMMIGRANT GUEST WORKER CATEGORY.
(a) New Guest Worker Category- Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended by adding at the end the
following:
`(W) an alien having a residence in a foreign country who is coming
to the United States to perform labor or service and who meets the requirements
of section 218A.'.
(b) Technical Amendments- Section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)) is amended--
(1) in subparagraph (U)(iii), by striking `or' at the end; and
(2) in subparagraph (V)(ii)(II), by striking the period at the end and
inserting a semicolon and `or'.
SEC. 202. GUEST WORKER PROGRAM.
(a) In General- Chapter 2 of title II of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 218 the
following new section:
`SEC. 218A. GUEST WORKER PROGRAM.
`(a) In General- The Secretary of Homeland Security may grant a temporary
visa to a nonimmigrant described in section 101(a)(15)(W) who demonstrates
an intent to perform labor or services in the United States and who meets
the requirements of this section.
`(b) Requirements for Admission- In order to be eligible for nonimmigrant
status under section 101(a)(15)(W), an alien shall meet the following requirements:
`(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)(W).
`(2) EVIDENCE OF EMPLOYMENT- The alien shall establish that the alien
has a job offer from an employer that utilizes the Employment Management
System described in section 218C.
`(3) APPLICATION FEE- The alien shall pay a $250 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.
`(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.
`(5) 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 being admitted as a nonimmigrant under section 101(a)(15)(W).
`(B) CONTENT- In addition to any other information that the Secretary
determines is required to determine an alien's eligibility for admission
as a nonimmigrant under section 101(a)(15)(W), the Secretary shall require
an alien to provide information concerning the alien's criminal history
and gang membership, immigration history, and involvement with groups
or individuals that have engaged in terrorism, genocide, persecution,
or who seek the overthrow of the Government of the United States.
`(i) AUTHORITY TO REQUEST- The Secretary may request that an alien
include with the application a waiver of rights that states that the
alien, in exchange for the discretionary benefit of admission as a
nonimmigrant under section 101(a)(15)(W), agrees to waive any right--
`(I) to administrative or judicial review or appeal of an immigration
officer's determination as to the alien's admissibility; or
`(II) to contest any removal action, other than on the basis of
an application for asylum pursuant to the provisions contained in
section 208 or 241(b)(3), or under the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, done
at New York December 10, 1984, if such removal action is initiated
after the termination of the alien's period of authorized admission
as a nonimmigrant under section 101(a)(15)(W).
`(ii) REFUSAL TO WAIVE- The Secretary may not refuse to grant nonimmigrant
status under section 101(a)(15)(W) because an alien does not submit
the waiver described in clause (i).
`(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- The Secretary of Homeland
Security shall ensure that the application process is secure and incorporates
antifraud protection.
`(1) IN GENERAL- In determining an alien's admissibility as a nonimmigrant
under section 101(a)(15)(W)--
`(A) the Secretary of Homeland Security may waive paragraphs (5), (6)(A),
(7), or (9)(B) or (C) of section 212(a) for conduct that occurred on
a date prior to the date of the enactment of the Welcoming Immigrants
to a Secure Homeland Act of 2006;
`(B) the Secretary of Homeland Security may not waive--
`(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of section
212(a)(2) (relating to criminals);
`(ii) section 212(a)(3) (relating to security and related grounds);
or
`(iii) subparagraphs (A), (C), or (D) of section 212(a)(10) (relating
to polygamists, child abductors, and illegal voters); and
`(C) for conduct that occurred prior to the date that the Welcoming
Immigrants to a Secure Homeland Act of 2006 was introduced in the Senate,
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 for humanitarian purposes, to ensure family unity,
or when such waiver is otherwise in the public interest.
`(2) CONSTRUCTION- No provision in paragraph (1) shall be construed as
affecting the authority of the Secretary of Homeland Security to waive
the provisions of section 212(a) under any other provision of law.
`(3) WAIVER FEE- An alien who is granted a waiver under subparagraph (1)
shall pay a $100 fee upon approval of the alien's visa application.
`(4) RENEWAL OF AUTHORIZED ADMISSION AND SUBSEQUENT ADMISSIONS- Notwithstanding
paragraph (1), an alien seeking renewal of authorized admission or subsequent
admission as a nonimmigrant under section 101(a)(15)(W) shall establish
that the alien is not inadmissible under section 212(a).
`(e) Background Checks- The Secretary of Homeland Security shall not admit,
and shall not issue a visa to, an alien seeking admission under section
101(a)(15)(W) until all appropriate background checks, including any that
the Secretary, in the Secretary's discretion, may require, have been completed.
`(1) INITIAL ADMITTANCE- An alien may be admitted as a nonimmigrant under
section 101(a)(15)(W) for a period of 3 years.
`(2) SUBSEQUENT ADMITTANCE-
`(A) ADDITIONAL PERIODS- The period described in paragraph (1) may be
extended for 2 additional 3-year periods if the alien establishes that
the alien is employed by an employer that utilizes the Employment Management
System described in section 218C.
`(B) RENEWAL APPLICATION- An alien admitted as a nonimmigrant under
section 101(a)(15)(W) who is seeking an additional period of admittance
shall submit a renewal application no more than 90 days and no less
than 45 days before the end of the alien's 3-year period of admissibility
under such section. Such application shall include evidence of the alien's
employment with an employer that utilizes the Employment Management
System described in section 218C.
`(C) FEE- An alien shall submit a fee of $100 along with the renewal
application described in subparagraph (B).
`(3) REQUIREMENT TO RETURN HOME- Unless an alien is granted a change of
status pursuant to section 245 (as described in subsection (l)), an alien
admitted as a nonimmigrant under section 101(a)(15)(W) shall, upon the
expiration of a period of authorized admittance, leave the United States
and be ineligible to reenter as an alien under section 101(a)(15)(W) or
receive any other immigration relief or benefit under this Act or any
other law, with the exception of section 208 or 241(b)(3) or the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York December 10, 1984, until the alien has resided continuously
in the alien's home country for a period of not less than 3 years.
`(g) Standards for Documentation-
`(1) IN GENERAL- The Secretary of Homeland Security shall ensure that
the documents issued to provide evidence of nonimmigrant status under
section 101(a)(15)(W) are machine-readable and tamper-resistant, and allow
for biometric authentication. The Secretary of Homeland Security is authorized
to incorporate integrated-circuit technology into such documents.
`(2) CONSULTATION- The Secretary of Homeland Security shall consult with
the head of the Forensic Document Laboratory and such other Federal agencies
as may be appropriate in designing the document.
`(3) USE OF DOCUMENTATION- The document may serve as a travel, entry,
and work authorization document during the period that the document is
valid.
`(1) INADMISSIBILITY FOR FAILURE TO DEPART- Subject to paragraph (2),
an alien admitted as a nonimmigrant under section 101(a)(15)(W) who fails
to depart the United States prior to the date that is 10 days after the
date that the alien's authorized period of admission under this section
ends is not eligible for and may not receive any immigration relief or
benefit under this Act or any other law for a period of 10 years.
`(2) EXCEPTION- The prohibition in paragraph (1) may not be applied to
prohibit the admission of an alien under section 208 or 241(b)(3), or
the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, done at New York December 10, 1984.
`(1) IN GENERAL- The spouse or child of an alien admitted as a nonimmigrant
under section 101(a)(15)(W) may be admitted to the United States--
`(A) as a nonimmigrant for the same amount of time, and on the same
terms and conditions, as the alien admitted as a nonimmigrant under
section 101(a)(15)(W); or
`(B) under any other provision of law, if such family member is otherwise
eligible for admission.
`(2) APPLICATION FEE- The spouse or child of an alien admitted as a nonimmigrant
under section 101(a)(15)(W) who is seeking to be admitted pursuant to
this subsection shall submit, in addition to any other fee authorized
by law, an additional fee of $100.
`(j) Travel Outside the United States-
`(1) IN GENERAL- An alien admitted as a nonimmigrant under section 101(a)(15)(W)
and the spouse or child of such alien admitted pursuant to subsection
(i)--
`(A) may travel outside of the United States; and
`(B) may be readmitted to the United States without having to obtain
a new visa if the period of authorized admission under section 101(a)(15)(W)
has not expired.
`(2) EFFECT ON PERIOD OF AUTHORIZED ADMISSION- Time spent outside the
United States under paragraph (1) may not extend the period of authorized
admission in the United States permitted for an alien admitted under section
101(a)(15)(W) or for the spouse or child of such alien admitted under
subsection (i).
`(1) PORTABILITY- An alien admitted as a nonimmigrant under section 101(a)(15)(W)
may be employed by any United States employer that utilizes the Employment
Management System described in section 218C.
`(2) CONTINUOUS EMPLOYMENT-
`(A) REQUIREMENT FOR EMPLOYMENT- An alien admitted under section 101(a)(15)(W)
shall be employed while in the United States. An alien who fails to
be employed for 30 consecutive days is ineligible for employment in
the United States unless the alien departs the United States and thereafter
provides evidence of an offer of employment with any United States employer
that utilizes the Employment Management System described in section
218C.
`(B) WAIVER- The Secretary of Homeland Security may, in the Secretary's
sole and unreviewable discretion, waive the application of subparagraph
(A) for an alien and authorize the alien for employment without requiring
the alien to depart the United States.
`(l) Adjustment of Status to Lawful Permanent Resident-
`(1) ELIGIBILITY- An alien admitted as a nonimmigrant under section 101(a)(15)(W)
shall be eligible for an adjustment of status pursuant to section 245
after such alien has completed a period of employment in the United States
of not less than 6 years.
`(2) FAMILY ELIGIBILITY- The spouse or child of an alien granted an adjustment
of status as described in paragraph (1) shall be eligible as a derivative
beneficiary for adjustment of status.
`(1) IN GENERAL- Subject to paragraph (2), the Secretary of Homeland Security
may not admit more than 500,000 aliens as nonimmigrants pursuant to section
101(a)(15)(W) during a fiscal year.
`(2) AUTHORITY TO INCREASE LIMITATION- The Secretary of Homeland Security
may waive the numerical limitation described in paragraph (1) for a fiscal
year if the Secretary determines that businesses in the United States
would benefit from such waiver.'.
(b) Initial Receipt of Applications- The Secretary of Homeland Security
shall begin accepting applications for nonimmigrant status under section
101(a)(15)(W) of the Immigration and Nationality Act, as added by section
201, not later than 6 months after the date of the enactment of this Act.
(c) Conforming Amendment- Section 248(1) of the Immigration and Nationality
Act (8 U.S.C. 1258(1)) is amended by striking `or (S)' and inserting `(S),
or (W)'.
SEC. 203. SPECIAL RULE FOR MEXICO.
(a) In General- No alien who is a citizen or national of Mexico shall be
eligible for status as a nonimmigrant under section 101(a)(15)(W) of the
Immigration and Nationality Act, as added by section 201, a change of status
under section 218B of the Immigration and Nationality Act, as added by section
301, an exemption from numerical limitations under section 201(b)(1)(F)
of the Immigration and Nationality Act, as added by section 602, or for
an immigration benefit described in section 603, 604, or 605 until the date
that Government of Mexico enters into a bilateral agreement with the Government
of the United States, as described in subsection (b).
(b) Requirements for Bilateral Agreement- The bilateral agreement referred
to in subsection (a) shall require the Government of Mexico--
(1) to accept the return of a citizen or national of Mexico who is ordered
removed from the United States not later than 5 days after such order
is issued;
(2) to cooperate with the Government of the United States--
(A) to identify, track, and reduce--
(i) gang membership and violence in the United States and Mexico;
(ii) human trafficking and smuggling between the United States and
Mexico; and
(iii) drug trafficking and smuggling between the United States and
Mexico; and
(B) to control illegal immigration from Mexico into the United States;
(3) to provide the Government of the United States with--
(A) the passport information and criminal record of any citizen or national
of Mexico who is seeking admission to the United States or is present
in the United States; and
(B) admission and entry data maintained by the Government of Mexico
to facilitate the entry-exit data systems maintained by the United States;
and
(4) to carry out activities to educate citizens and nationals of Mexico
regarding eligibility for status as a nonimmigrant under section 101(a)(15)(W)
of the Immigration and Nationality Act, as added by section 201, or a
change of status under section 218B of the Immigration and Nationality
Act, as added by section 301 of this Act, to ensure that such citizens
and nationals are not exploited while working in the United States.
(c) Annual Report- Not later than 180 days after the date of the enactment
of this Act, and annually thereafter, the Secretary of Homeland Security
shall submit to Congress a report on the bilateral agreement described in
this section and the activities of the Government of Mexico to carry out
such agreement.
SEC. 204. STATUTORY CONSTRUCTION.
Nothing in this title, or any amendment made by this title, 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.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary for
facilities, personnel (including consular officers), training, technology
and processing necessary to carry out the amendments made by this title.
TITLE III--NONIMMIGRANT GUEST WORKER STATUS FOR UNAUTHORIZED ALIENS
SEC. 301. NONIMMIGRANT GUEST WORKER STATUS FOR UNAUTHORIZED ALIENS.
(a) In General- The Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
is amended by inserting after section 218A, as added by section 202, the
following new section:
`SEC. 218B. CHANGE OF STATUS OF UNAUTHORIZED ALIENS.
`(a) In General- The Secretary of Homeland Security shall grant nonimmigrant
status under section 101(a)(15)(W) to an alien who is in the United States
illegally if such alien meets the requirements of this section.
`(b) General Requirements- An alien may be eligible for a change of status
under this section if the alien meets the following requirements:
`(1) PRESENCE- An alien must establish that the alien was physically present
in the United States prior to the date of introduction of the Welcoming
Immigrants to a Secure Homeland Act of 2006 in the Senate and was not
legally present in the United States under any classification set forth
in section 101(a)(15) on that date.
`(2) EMPLOYMENT- An alien must establish that the alien was employed in
the United States prior to the date of introduction of such Act in the
Senate, and has not been unemployed in the United States for 30 or more
consecutive days since that date.
`(3) MEDICAL EXAMINATION- An alien shall, at the alien's expense, undergo
a medical examination (including a determination of immunization status)
that conforms to generally accepted professional standards of medical
practice.
`(c) Application Content and Waiver-
`(1) APPLICATION FORM- The Secretary of Homeland Security shall create
an application form that an alien shall be required to complete as a condition
of obtaining a change of status under this section.
`(2) CONTENT- In addition to any other information that the Secretary
determines is required to determine an alien's eligibility for a change
of status under this section, the Secretary shall require that the alien--
`(A) provide answers to questions concerning the alien's criminal history
and gang membership, immigration history, and involvement with groups
or individuals that have engaged in terrorism, genocide, persecution,
or who seek the overthrow of the Government of the United States;
`(B) provide any Social Security account number or card in the possession
of the alien or relied upon by the alien; and
`(C) provide any false or fraudulent documents in the alien's possession.
`(A) AUTHORITY TO REQUEST- The Secretary may request that an alien include
with the application a waiver of rights that states that the alien,
in exchange for the discretionary benefit of obtaining a change of status
under this section, agrees to waive any right--
`(i) to administrative or judicial review or appeal of an immigration
officer's determination as to the alien's admissibility; or
`(ii) to contest any removal action, other than on the basis of an
application for asylum pursuant to the provisions contained in section
208 or 241(b)(3), or under the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, done at New York
December 10, 1984, if such removal action is initiated after the termination
of the alien's period of authorized admission as a nonimmigrant under
section 101(a)(15)(W).
`(B) REFUSAL TO WAIVE- The Secretary may not refuse to grant nonimmigrant
status under section 101(a)(15)(W) because an alien does not submit
the waiver described in subparagraph (A).
`(C) KNOWLEDGE- The Secretary of Homeland Security shall require an
alien to include with the application a signed certification in which
the alien certifies that the alien has read and understood all of the
questions, statements, and terms of the application form, and that the
alien certifies under penalty of perjury under the laws of the United
States that the application, and any evidence submitted with it, are
all true and correct, and that the applicant authorizes the release
of any information contained in the application and any attached evidence
for law enforcement purposes.
`(4) APPLICATION FEE AND FINES-
`(A) REQUIREMENT TO PAY- An alien applying for a change of status under
this section shall pay--
`(i) a $250 visa issuance fee in addition to the cost of processing
and adjudicating such application; and
`(B) CONSTRUCTION- Nothing in this paragraph shall be construed to affect
consular procedures for charging reciprocal fees.
`(1) IN GENERAL- In determining an alien's eligibility for a change of
status under this section--
`(A) the alien shall establish that the alien--
`(i) except as provided as in subparagraph (B), is admissible to the
United States; 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) paragraphs (5), (6)(A), and (7) of section 212(a) shall not apply
to the admissibility of such alien;
`(C) the Secretary of Homeland Security may waive any other provision
of section 212(a), or a ground of ineligibility under paragraph (4),
in the case of individual aliens for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest.
`(2) WAIVER FEE- An alien who is granted a waiver under subparagraph (C)
shall pay a $100 fee upon approval of the alien's visa application.
`(e) Ineligible- An alien is ineligible for the change of status provided
by this section if the alien--
`(1) is subject to a final order or removal under section 240;
`(2) failed to depart the United States during the period of a voluntary
departure order under section 240B;
`(3) has been issued a Notice to Appear under section 239, unless the
sole acts of conduct alleged to be in violation of the law are that the
alien is removable under section 237(a)(1)(C) or is inadmissible under
section 212(a)(6)(A);
`(4) fails to comply with any request for information made by the Secretary
of Homeland Security;
`(5) commits an act that makes the alien removable from the United States.
`(f) Implementation and Application Time Periods-
`(1) IN GENERAL- The Secretary of Homeland Security shall ensure that
the application process for an adjustment of status under this section
is secure and incorporates antifraud protection.
`(2) APPLICATION- An alien must submit an initial application for a change
of status under this section not later than 3 years after the date of
the enactment of the Welcoming Immigrants to a Secure Homeland Act of
2006. An alien that fails to comply with this requirement is ineligible
for a change of status under this section.
`(3) COMPLETION OF PROCESSING- The Secretary of Homeland Security shall
ensure that all applications for a change of status under this section
are processed not later than 3 years after the date of the application.
`(4) LOCATION- An alien applying for a change of status under this section
need not depart the United States in order to apply for such a change
of status.
`(g) Failure to Act- An alien unlawfully in the United States who fails
to apply for a change of status pursuant to this section or fails to depart
from the United States prior to the date that is 6 years after the date
of the enactment of the Welcoming Immigrants to a Secure Homeland Act of
2006 is not eligible and may not apply for or receive any immigration relief
or benefit under this Act or any other law, with the exception of section
208 or 241(b)(3) or the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, done at New York December 10, 1984.
`(h) Security and Law Enforcement Background Checks-
`(1) BIOMETRIC DATA- An alien may not be granted a change of status under
this section unless the alien submits biometric data in accordance with
procedures established by the Secretary of Homeland Security.
`(2) BACKGROUND CHECKS- The Secretary of Homeland Security may not grant
a change of status under this section until all appropriate background
checks, including any that the Secretary, in the Secretary's discretion
may require, are completed to the satisfaction of the Secretary of Homeland
Security.
`(i) Duration, Extension, and Reentry-
`(1) DURATION AND EXTENSION- The period of authorized admission for an
alien granted a change of status under this section shall be 3 years,
and may be extended for 2 additional 3-year periods if the alien establishes
that the alien has a job with an employer that utilizes the Employment
Management System described in section 218C.
`(2) APPLICATION FOR EXTENSION-
`(A) IN GENERAL- An alien granted a change of status for a 3-year period
under this section who is seeking an extension of such status shall
submit an application for such extension no more than 90 days and no
less than 45 days before the end of such 3-year period. The application
shall provide evidence of employment with an employer that utilizes
the Employment Management System described in section 218C.
`(B) FEE- An alien who submits an application for an extension described
in subparagraph (A), shall pay a $100 fee with such application.
`(3) REENTRY- Unless an alien is granted a change of status or adjustment
of status pursuant to subsection (n), an alien granted a change of status
pursuant to this section shall, upon the expiration of the time period
for authorized admission under this section, leave the United States and
be ineligible to reenter the United States as a nonimmigrant under section
101(a)(15)(W), or receive any other immigration relief or benefit under
this Act or any other law, with the exception of section 208 or 241(b)(3)
or the Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, done at New York December 10, 1984, until the
alien has resided continuously in the alien's home country for a period
of not less than 3 years.
`(j) Standards for Documentation-
`(1) IN GENERAL- The Secretary of Homeland Security shall ensure that
the document issued to provide evidence of status under this section shall
be machine-readable, tamper-resistant, and allow for biometric authentication.
The Secretary of Homeland Security is authorized to incorporate integrated-circuit
technology into the document.
`(2) CONSULTATION- The Secretary of Homeland Security shall consult with
the head of the Forensic Document Laboratory and such other Federal agencies
as may be appropriate in designing the document.
`(3) USE OF DOCUMENT- The document may serve as a travel, entry, and work
authorization document during the period of its validity.
`(1) INADMISSABILITY FOR FAILURE TO DEPART- Subject to paragraph (2),
an alien who fails to depart the United States prior to the date that
is 10 days after the date that the alien's authorized period of admission
under this section ends is not eligible for and may not apply for or receive
any immigration relief or benefit under this Act or any other law for
a period of 10 years.
`(2) EXCEPTION- The prohibition in paragraph (1) may not be applied to
prohibit the admission of an alien under section 208 or 241(b)(3) of the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, done at New York, December 10, 1984.
`(l) Travel Outside the United States-
`(1) IN GENERAL- An alien granted a change of status under this section
and the spouse or child of such alien admitted pursuant to subsection
(o)--
`(A) may travel outside of the United States; and
`(B) may be readmitted without having to obtain a new visa if the period
of authorized admission under this section has not expired.
`(2) EFFECT ON PERIOD OF AUTHORIZED ADMISSION- Time spent outside the
United States under paragraph (1) may not extend the period of authorized
admission in the United States permitted for an alien under this section
or for the spouse or child of such alien admitted under subsection (o).
`(1) IN GENERAL- An alien granted a change of status under this section
shall be employed by an employer that utilizes the Employment Management
System described in section 218C not more than 3 months after the date
the alien applies for a change of status under this section.
`(2) LIABILITY FOR PENALTIES OR FEES- The employer of an alien granted
a change of status under this section shall not be liable for any civil
or criminal penalties or fees for hiring the alien prior to such change
of status if the employer begins to utilize such Employment Management
System pursuant to this subsection.
`(3) PORTABILITY- An alien may be employed by any other United States
employer who utilizes the Employment Management System established by
section 218C.
`(4) CONTINUOUS EMPLOYMENT-
`(A) REQUIREMENT FOR EMPLOYMENT- An alien granted a change of status
under this section who fails to be employed for 30 consecutive days
is ineligible for reentry or employment in the United States unless
the alien departs the United States and is admitted for reentry under
a provision of this Act or any other provision of law.
`(B) WAIVER- The Secretary of Homeland Security may, in the Secretary's
sole and unreviewable discretion, waive the application of subparagraph
(A) for an alien and authorize the alien for employment without requiring
the alien to depart the United States.
`(n) Limitation on Change of Status or Adjustment of Status-
`(1) IN GENERAL- An alien described in paragraph (2) may apply for a visa,
an adjustment of status, or other immigration benefit, other than for
adjustment of status to lawful permanent resident, after the alien has
resided lawfully in the United States pursuant to a change of status granted
as described in this section for a period of not less than 5 years, but
such application shall not be granted until the alien has returned to
the alien's home country.
`(2) REQUIREMENTS TO APPLY- An alien described in this paragraph is an
alien who--
`(A) has been granted a change of status under this section; and
`(B) during the 5-year period ending on the date of the enactment of
the Welcoming Immigrants to a Secure Homeland Act of 2006--
`(i) was physically present in the United States; and
`(ii) unemployed for no more than 30 consecutive days.
`(1) IN GENERAL- The spouse or child of an alien admitted as a nonimmigrant
under this section may be admitted to the United States--
`(A) as a nonimmigrant for the same amount of time, and on the same
terms and conditions, as the alien granted a change of status under
this section; or
`(B) under any other provision of law, if such family member is otherwise
eligible for admission.
`(2) APPLICATION FEE- The spouse or child of an alien admitted under this
section who is seeking to be admitted pursuant to this subsection shall
submit, in addition to any other fee authorized by law, an additional
fee of $100.
`(p) Numerical Limit- There shall be no numerical limitation on the number
of aliens granted a change of status under this section.
`(q) Penalties for False Statements-
`(A) VIOLATION- It shall be unlawful for any person--
`(i) to file or assist in filing an application for a change of status
under this section and knowingly or willfully falsify, misrepresent,
conceal, or cover up a material fact or make any false, fictitious,
or fraudulent statements or representations, or make or use any false
writing or document knowing the same to contain any false, fictitious,
or fraudulent statement or entry; or
`(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).'.
(b) Initial Receipt of Applications- The Secretary of Homeland Security
shall begin accepting applications for a change of status under section
218B of the Immigration and Nationality Act, as added by subsection (a),
not later than 6 months after the date of the enactment of this Act.
SEC. 302. STATUTORY CONSTRUCTION.
Nothing in this title, or any amendment made by this title, 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.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be necessary for
facilities, personnel (including consular officers), training, technology,
and processing necessary to carry out the amendments made by this title.
TITLE IV--EMPLOYMENT MANAGEMENT SYSTEM
SEC. 401. EMPLOYMENT MANAGEMENT SYSTEM.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by
inserting after section 218B, as added by section 301, the following new
section:
`SEC. 218C. EMPLOYMENT MANAGEMENT SYSTEM.
`(1) PURPOSE- The Secretary of Homeland Security, in consultation with
the Secretary of Labor, the Secretary of State, and the Commissioner of
Social Security, shall develop and implement a program to authorize, manage,
and track the employment of aliens described in section 218A or 218B.
`(2) SCHEDULE- The program required by subsection (a) shall commence prior
to any alien being admitted as a nonimmigrant under section 101(a)(15)(W)
pursuant to section 218A or granted a change of status under section 218B.
`(3) REQUIREMENTS- The program required by this subsection shall--
`(A) enable an employer seeking to hire an alien described in section
218A or 218B to apply for authorization to employ such alien;
`(B) be interoperable with Social Security databases and shall provide
a means of immediately verifying the identity and employment authorization
of an alien described in section 218A or 218B;
`(C) require an employer to utilize readers, scanners, or other affordable
technology at the location of employment or at a nearby Federal facility
to transmit the biometric and biographic information contained in the
alien's evidence of status to the Secretary of Homeland Security;
`(D) require an employer that employs an alien described in section
218A or 218B to notify the Secretary not more than 5 business days after
the date of the termination of the alien's employment and prohibit such
an employer from hiring another such alien for such employment until
the employer provides such notice; and
`(E) collects sufficient information from employers to enable the Secretary
of Homeland Security to identify--
`(i) whether an alien described in section 218A or 218B is employed;
`(ii) an employer who has hired an alien described in section 218A
or 218B;
`(iii) the number of aliens described in section 218A or 218B that
are employed by an employer; and
`(iv) the occupation, industry and length of time that an alien described
in section 218A or 218B has been employed in the United States.
`(b) Application to Employ Aliens Described in Section 218A or 218B-
`(1) REQUIREMENT FOR APPLICATION- An employer shall submit to the Secretary
of Homeland Security an application to request an authorization to employ
aliens described in section 218A or 218B. Such application shall--
`(A) establish that such aliens will be employed by a legitimate company;
`(B) include an attestation that the employer will comply with the terms
of the program required by subsection (a) and with all other applicable
Federal, State, and local laws and regulations, including provisions
to protect employees; and
`(C) include the number of such aliens the employer is seeking to employ.
`(2) FORM OF APPLICATION- The Secretary shall permit an employer to submit
the application described in paragraph (1) in a written or electronic
form.
`(c) Protection of United States Workers- An employer may not hire an alien
described in section 218A or 218B for a vacancy unless the employer submits
an attestation to the Secretary of Homeland Security that--
`(1) the employer has advertised the position in a national, electronic
job registry maintained by the Secretary of Labor for not less than 30
days;
`(2) the employer has offered the position to any eligible United States
worker who applies and is equally or better qualified for the vacancy
for which such an alien is sought and who will be available at the time
and place of need, and the employer will maintain records for not less
than 1 year that describe the reason that a United States worker who applied
for such vacancy was not hired;
`(3) the employer shall comply with the terms of the program required
by subsection (a), including the terms of any temporary worker monitoring
program established by the Secretary of Homeland Security;
`(4) an alien hired for the vacancy shall be paid not less than the greater
of--
`(A) the hourly wage prescribed under section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)); or
`(B) the applicable State minimum wage;
`(5) the employer will pay such alien in a timely manner and accurately
maintain all payroll records for such alien; and
`(6) the employment of such alien shall not adversely affect the working
conditions of other similarly employed United States workers.
`(d) Approval- After determining that there are no United States workers
who are qualified and willing to obtain the employment for which the employer
is seeking an alien described in section 218A or 218B, the Secretary of
Homeland Security may approve the application submitted by the employer
under subsection (b). Such approval shall be valid for a 10-year period
unless the employer violates a term of this section, in which case the Secretary
may, in the discretion of the Secretary, revoke the approval.
`(e) Penalties- An employer who employs an alien described in section 218A
or 218B without obtaining authorization from the Secretary of Homeland Security
pursuant to this section is subject to--
`(1) the same penalties and provisions as an employer who violates paragraph
(1)(A) or (2) of section 274(a); and
`(2) any penalties prescribed by the Secretary of Homeland Security by
regulation, which may include monetary penalties and ineligibility to
employ an alien described in section 218A or 218B.'.
SEC. 402. LABOR INVESTIGATIONS AND PENALTIES.
(a) In General- The Secretary of Homeland Security, in cooperation with
the Secretary of Labor, shall conduct random audits of employers who employ
aliens described under section 218A or 218B of the Immigration and Nationality
Act, as added by section 202 and 301, respectively.
(b) Penalties- The Secretary of Homeland Security shall establish penalties,
which may include ineligibility to employ an alien described in section
218A or 218B of the Immigration and Nationality Act, as added by section
202 and 301, respectively, for employers who fail to comply with section
218C of such Act, as added by section 401 of this Act, and shall establish
protections for aliens who report employers who fail to comply with such
section 218C.
TITLE V--PROTECTION AGAINST IMMIGRATION FRAUD
SEC. 501. GRANTS TO SUPPORT PUBLIC EDUCATION AND TRAINING.
(a) Purpose- The purpose of this title is to provide grants to nonprofit
entities, immigrant communities, and other interested entities to provide
education and training to appropriate individuals regarding the changes
to immigration law made by this Act, and the amendments made by this Act,
and to provide support to such entities.
(b) Authority- The head of the Office of Justice Programs of the Department
of Justice is authorized to award grants to nonprofit entities, immigrant
communities, and other interested entities for the purposes described in
subsection (c).
(c) Use of Grants- The grants awarded under this section shall be used to
fund public education, training, technical assistance, government liaisons,
and related costs (including personnel and equipment) incurred by nonprofit
entities that provide services to aliens who may be effected by the changes
in immigration law made by this Act, and the amendments made by this Act,
and to educate, train and support nonprofit organizations, immigrant communities,
and other interested parties regarding such changes. Such grants shall be
used for educating--
(1) immigrant communities and other interested entities on the individuals
and organizations that can provide authorized legal representation in
immigration matters under regulations prescribed by the Secretary of Homeland
Security, and on the dangers of securing legal advice and assistance from
a person who is not authorized to provide legal representation in immigration
matters;
(2) interested entities on the requirements for obtaining nonprofit recognition
and accreditation to represent immigrants under regulations prescribed
by the Secretary of Homeland Security, and providing nonprofit agencies
with training and technical assistance on the recognition and accreditation
process; and
(3) nonprofit organizations, immigrant communities and other interested
entities on the process for obtaining benefits under this Act, and the
amendments made by this Act, and the availability of authorized legal
representation for low-income persons who may qualify for benefits under
this Act.
(d) In General- The head of the Office of Justice Programs shall ensure,
to the extent possible, that the entities awarded grants under this section
shall serve geographically diverse locations and ethnically diverse populations
who may qualify for benefits under the Act or the amendments made by this
Act.
(e) Authorization of Appropriations- There are authorized to be appropriated
to the Office of Justice Programs at the Department of Justice $10,000,000
to carry out this section for each of fiscal years 2007 through 2011.
TITLE VI--HIGHLY EDUCATED AND SKILLED WORKERS
SEC. 601. REMOVAL OF NUMERICAL LIMITATIONS FOR NONIMMIGRANTS WITH ADVANCED
DEGREES.
(a) In General- Section 214(g)(5)(C) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)(5)(C)) is amended by striking `, until the number
of aliens who are exempted from such numerical limitation during such year
exceeds 20,000'.
(b) Applicability- The amendment made by subsection (a) shall apply to an
alien who--
(1) has submitted an application for a visa that is pending on the date
of the enactment of this Act; or
(2) files such an application on or after such date.
SEC. 602. ALIENS NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-BASED
IMMIGRANTS.
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned an advanced degree in science, technology,
engineering, or math from an accredited university in the United States
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).
`(G) Aliens described in subparagraph (A) or (B) of section 203(b)(1)
or who have received a national interest waiver under section 203(b)(2)(B).
`(H) The spouse and child of an alien who is admitted as an employment-based
immigrant under section 203(b).'.
(b) Applicability- The amendment made by subsection (a) shall apply to an
alien who--
(1) has submitted an application for a visa that is pending on the date
of the enactment of this Act; or
(2) files such an application on or after such date.
SEC. 603. OFF-CAMPUS WORK AUTHORIZATION FOR FOREIGN STUDENTS.
(a) 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--
(1) the alien has enrolled full time at the educational institution and
is maintaining good academic standing;
(2) the employer provides the educational institution and the Secretary
of Labor with an attestation that the employer--
(A) has attempted to recruit a citizen of the United States to fill
such position for a period of not less than 3 months recruiting United
States; and
(B) will pay the alien and other similarly situated workers at a rate
equal to not less than the greater of--
(i) the actual wage level for the occupation at the place of employment;
or
(ii) the prevailing wage level for the occupation in the area of employment;
and
(3) the alien will not be employed more than--
(A) 20 hours per week during the academic term; or
(B) 40 hours per week during vacation periods and between academic terms.
(b) Disqualification- If the Secretary of Labor determines that an employer
has provided an attestation under subsection (a)(2) 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 this section.
SEC. 604. TEMPORARY VISAS FOR GRADUATING STUDENTS.
Notwithstanding any other provision of law, the Secretary of Homeland Security
shall grant a temporary nonimmigrant visa to an alien to permit the alien
to remain in the United States while awaiting the issuance of an employment
based nonimmigrant visa if the alien--
(1) graduated with honors from an established college or university in
the United States while admitted to the United States pursuant to a visa
issued under subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15));
(2) has a bona fide offer of employment from an employer who utilizes
the Employment Management System described in section 218C of the Immigration
and Nationality Act, as added by section 401; and
(3) submits to the Secretary an application for such visa.
SEC. 605. TRAVEL AUTHORIZATION.
Notwithstanding any other provision of law, the Secretary of Homeland Security
shall permit an alien attending an established college or university in
the United States to travel outside of the United States if--
(1) the alien is admitted to the United States pursuant to a visa issued
under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15));
(2) the purpose of such travel is to attend a meeting, seminar, lecture,
or similar event in a field related to the alien's field of study; and
(3) the alien submits to the Secretary a request for authorization for
such travel not later than 30 days prior to the alien's proposed date
of departure.
SEC. 606. ADDITIONAL EMPLOYEES AND TECHNOLOGIES.
(a) Increased Employees- During each of fiscal years 2007 through 2011,
the Secretary of Homeland Security shall, subject to the availability of
appropriations for such purpose, increase by not less than 100 the number
of Homeland Security personnel dedicated to processing applications for
visas applied for pursuant to subparagraph (F), (J), or (M) of section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15).
(b) Improved Procedures- The Secretary of Homeland Security shall improve
technology and automated procedures to enhance visa clearance procedures
for visas applied for pursuant to subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
(c) Authorization of Appropriations- There are authorized to be appropriated
during each of fiscal years 2007 through 2011 such sums as may be necessary
to carry out this section.
TITLE VII--TRAVEL RESTRICTIONS FOR TEMPORARY VISITORS
SEC. 701. TRAVEL RESTRICTIONS.
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended
by adding at the end the following new subsection:
`(s) The Secretary of Homeland Security--
`(1) may not prohibit an nonimmigrant admitted under section 101(a)(15)(B)
from traveling up to 100 miles from an international border of the United
States; and
`(2) may permit such a nonimmigrant to travel further from such a border.'.
TITLE VIII--TEMPORARY AGRICULTURAL WORKERS
SEC. 801. SENSE OF THE SENATE ON TEMPORARY AGRICULTURAL WORKERS.
It is the sense of the Senate that consideration of any comprehensive immigration
reform during the 109th Congress should include reform for immigration laws
related to employment of agricultural workers.
END
