[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2010 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2010

  To strengthen national security and United States borders, reunify 
  families, provide willing workers, and establish earned adjustment 
            under the immigration laws of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 2004

Mr. Hagel (for himself and Mr. Daschle) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To strengthen national security and United States borders, reunify 
  families, provide willing workers, and establish earned adjustment 
            under the immigration laws of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Reform Act of 2004: 
Strengthening America's National Security, Economy, and Families'' or 
the ``Immigration Reform Act of 2004''.

                     TITLE I-- FAMILY REUNIFICATION

SEC. 101. TREATMENT OF IMMEDIATE RELATIVES WITH RESPECT TO THE FAMILY 
              IMMIGRATION CAP.

    (a) Exemption of Immediate Relatives From Family-Sponsored 
Immigrant Cap.--Section 201(c)(1)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1151(c)(1)(A)) is amended by striking clauses (i), (ii), 
and (iii) and inserting the following:
            ``(i) 480,000, minus;
            ``(ii) the number computed under paragraph (3); plus
            ``(iii) the number (if any) computed under paragraph 
        (2).''.
    (b) Technical and Conforming Amendments.--Section 201(c) of the 
Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (2), (3), and (4), respectively.

SEC. 102. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LEGAL 
              PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.

    (a) Immediate Relatives.--Section 201(b)(2)(A)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is 
amended--
            (1) in the first sentence, by inserting ``or the spouses 
        and children of aliens lawfully admitted for permanent 
        residence,'' after ``United States,'';
            (2) in the second sentence--
                    (A) by inserting ``or lawful permanent resident'' 
                after ``citizen'' each place that term appears; and
                    (B) by inserting ``or lawful permanent resident's'' 
                after ``citizen's'' each place that term appears;
            (3) in the third sentence, by inserting ``or the lawful 
        permanent resident loses lawful permanent resident status'' 
        after ``United States citizenship''; and
            (4) by adding at the end the following: ``A spouse or 
        child, as defined in subparagraph (A), (B), (C), (D), or (E) of 
        section 101(b)(1) shall be entitled to the same status, and the 
        same order of consideration provided in the respective 
        subsection, if accompanying or following to join the spouse or 
        parent. The same treatment shall apply to parents of citizens 
        of the United States being entitled to the same status, and the 
        same order of consideration provided in the respective 
        subsection, if accompanying or following to join their daughter 
        or son.''.
    (b) Allocation of Immigrant Visas.--Section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended--
            (1) in paragraph (1), by striking ``23,400'' and inserting 
        ``38,000'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Unmarried sons and unmarried daughters of permanent 
        resident aliens.--Qualified immigrants who are the unmarried 
        sons or unmarried daughters (but are not the children) of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in a number not to exceed 60,000 plus the 
        number (if any) by which such worldwide level exceeds 226,000, 
        plus any visas not required for the class specified in 
        paragraph (1).'';
            (3) in paragraph (3), by striking ``23,400'' and inserting 
        ``38,000''; and
            (4) in paragraph (4), by striking ``65,000'' and inserting 
        ``90,000''.
    (c) Technical and Conforming Amendments.--
            (1) Rules for determining whether certain aliens are 
        immediate relatives.--Section 201(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(f)) is amended--
                    (A) in paragraph (1), by striking ``paragraphs (2) 
                and (3),'' and inserting ``paragraph (2),'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph 
                (2).
            (2) Numerical limitation to any single foreign state.--
        Section 202 of the Immigration and Nationality Act (8 U.S.C. 
        1152) is amended--
                    (A) in subsection (a)(4)--
                            (i) by striking subparagraphs (A) and (B);
                            (ii) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (A) and (B) respectively; 
                        and
                            (iii) in subparagraph (A), as so 
                        redesignated, by striking ``section 
                        203(a)(2)(B)'' and inserting ``section 
                        203(a)(2)''; and
                    (B) in subsection (e), in the flush matter 
                following paragraph (3), by striking ``, or as limiting 
the number of visas that may be issued under section 203(a)(2)(A) 
pursuant to subsection (a)(4)(A)''.
            (3) Allocation of immigration visas.--Section 203(h) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsections (a)(2)(A) and 
                        (d)'' and inserting ``subsection (d)'';
                            (ii) in subparagraph (A), by striking 
                        ``becomes available for such alien (or, in the 
                        case of subsection (d), the date on which an 
                        immigrant visa number became available for the 
                        alien's parent),'' and inserting ``became 
                        available for the alien's parent,''; and
                            (iii) in subparagraph (B), by striking 
                        ``applicable'';
                    (B) in paragraph (2), by striking ``The petition'' 
                and all that follows through the period and inserting 
                ``The petition described in this paragraph is a 
                petition filed under section 204 for classification of 
                the alien's parent under subsection (a), (b), or 
                (c).''; and
                    (C) in paragraph (3), by striking ``subsections 
                (a)(2)(A) and (d)'' and inserting ``subsection (d)''.
            (4) Procedure for granting immigrant status.--Section 204 
        of the Immigration and Nationality Act (8 U.S.C. 1154) is 
        amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (iii)--
                                            (aa) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``citizen'' each place 
                                        that term appears; and
                                            (bb) in subclause 
                                        (II)(aa)(CC)(bbb), by inserting 
                                        ``or legal permanent resident'' 
                                        after ``citizenship'';
                                    (II) in clause (iv)--
                                            (aa) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``citizen'' each place 
                                        that term appears; and
                                            (bb) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``citizenship'';
                                    (III) in clause (v)(I), by 
                                inserting ``or legal permanent 
                                resident''; and
                                    (IV) in clause (vi)--
                                            (aa) by inserting ``or 
                                        legal permanent resident 
                                        status'' after ``renunciation 
                                        of citizenship''; and
                                            (bb) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``abuser's citizenship'';
                            (ii) by striking subparagraph (B);
                            (iii) by redesignating subparagraphs (C) 
                        through (J) as subparagraphs (B) through (I), 
                        respectively;
                            (iv) in subparagraph (B), as so 
                        redesignated, by striking ``subparagraph 
                        (A)(iii), (A)(iv), (B)(ii), or (B)(iii)'' and 
                        inserting ``clause (iii) or (iv) of 
                        subparagraph (A)''; and
                            (v) in subparagraph (I), as so 
                        redesignated--
                                    (I) by striking ``or clause (ii) or 
                                (iii) of subparagraph (B)''; and
                                    (II) by striking ``under 
                                subparagraphs (C) and (D)'' and 
                                inserting ``under subparagraphs (B) and 
                                (C)'';
                    (B) by striking subsection (a)(2);
                    (C) in subsection (h), by striking ``or a petition 
                filed under subsection (a)(1)(B)(ii)''; and
                    (D) in subsection (j), by striking ``subsection 
                (a)(1)(D)'' and inserting ``subsection (a)(1)(C)''.

SEC. 103. EXCEPTIONS.

    Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the 
following:
                                    ``(V) Spouses and children of legal 
                                permanent residents or citizens of the 
                                united states and parents of united 
                                states citizens.--The provisions of 
                                this subparagraph or subparagraph 
                                (C)(i)(I) shall be waived for spouses 
                                and children of legal permanent 
                                residents or citizens of the United 
                                States as well as parents of citizens 
                                of the United States, as such terms are 
                                defined in section 201(b)(2)(A)(i), on 
                                whose behalf or who are derivative 
                                beneficiaries of a petition filed under 
                                section 203 on or before the date of 
                                introduction of the Immigration Reform 
                                Act of 2004.''.

                    TITLE II--WILLING WORKER PROGRAM

SEC. 201. WILLING WORKERS.

    (a) H-2B Workers.--Section 101(a)(15)(H)(ii)(b) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) is amended--
            (1) by inserting ``subject to section 212(t),'' before 
        ``having a residence''; and
            (2) by striking ``temporary service or labor'' and 
        inserting ``short-term service or labor, lasting not more than 
        9 months''.
    (b) H-2C Workers.--Section 101(a)(15)(H)(ii)(b) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) is amended by 
striking ``profession; or'' and inserting ``profession, or (c) subject 
to section 212(t), who is coming temporarily to the United States to 
perform labor or services, other than those occupation classifications 
covered under the provisions of clause (i)(b), (ii)(a), or (ii)(b) of 
this subparagraph or subparagraph (L), (O), or (P), for a United States 
employer, if United States workers qualified to perform such labor or 
service cannot be identified; or''.

SEC. 202. RECRUITMENT OF UNITED STATES WORKERS.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) 
is amended--
            (1) by redesignating subsection (p), as added by section 
        1505(f) of Public Law 106-386 (114 Stat. 1526) as subsection 
        (s); and
            (2) by adding at the end the following:
    ``(t)(1) An employer that seeks to employ an alien described in 
clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall, with respect 
to an alien described in such clause (ii)(b), 14 days prior to filing 
an application under paragraph (3), and with respect to an alien 
described in such clause (ii)(c), 30 days prior to filing an 
application under paragraph (3), take the following steps to recruit 
United States workers for the position for which the nonimmigrant 
worker is sought:
            ``(A) Submit a copy of the job opportunity, including a 
        description of the wages and other terms and conditions of 
        employment, to the United States Employment Services within the 
        Department of Labor (ES) which shall provide the employers 
with an acknowledgement of receipt of the documentation provided to the 
ES in accordance with this subparagraph.
            ``(B) Authorize the ES to post the job opportunity on 
        `America's Job Bank' and local job banks, and with unemployment 
        agencies and other labor referral and recruitment sources 
        pertinent to the job in question.
            ``(C) Authorize the ES to notify the central office of the 
        State Federation of Labor in the State in which the job is 
        located.
            ``(D) Post the availability of the job opportunity for 
        which the employer is seeking a worker in conspicuous locations 
        at the place of employment for all employees to see.
            ``(E) Advertise, with respect to an alien described in such 
        clause (ii)(b), for at least 3 consecutive days, and for an 
        alien described in such clause (ii)(c), for at least 10 
        consecutive days, the availability of the job opportunity for 
        which the employer is seeking a worker in a publication with 
        the highest circulation in the labor market that is likely to 
        be patronized by a potential worker.
            ``(F) Based on recommendations by the local job service, 
        advertise the availability of the job opportunity in 
        professional, trade, or ethnic publications that are likely to 
        be patronized by a potential worker.
    ``(2) An employer that seeks to employ an alien described in clause 
(ii)(b) or (ii)(c) of section 101(a)(15)(H) shall--
            ``(A) has offered the job to any United States worker who 
        applies and is qualified for the job for which the nonimmigrant 
        worker is sought and who is available at the time of need; and
            ``(B) be required to maintain, for at least 1 year after 
        the employment relationship is terminated, documentation of 
        recruitment efforts and responses received prior to the filing 
        of the employer's application with the Secretary of Labor, 
        including resumes, applications, and if applicable, tests of 
        United States workers who applied and were not hired for the 
        job the employer seeks to fill with a nonimmigrant worker.''.

SEC. 203. ADMISSION OF WILLING WORKERS.

    (a) Application to the Secretary of Labor.--Section 212(t) of the 
Immigration and Nationality Act (8 U.S.C. 1182(t)), as added by section 
202, is amended by adding after paragraph (2) the following:
    ``(3) An employer that seeks to fill a position with an alien 
described in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H), shall 
file with the Secretary of Labor an application attesting that--
            ``(A) the employer is offering and will offer during the 
        period of authorized employment to aliens admitted or provided 
        status as a nonimmigrant described in clause (ii)(b) or (ii)(c) 
        of section 101(a)(15)(H), wages that are at least--
                    ``(i) the actual wage level paid by the employer to 
                all other individuals with similar experience and 
                qualifications for the specific employment in question; 
                or
                    ``(ii) the prevailing wage level for the 
                occupational classification in the area of employment;
        whichever is greater, based on the best information available 
        at the time of the filing of the application, and for purposes 
        of clause (ii) the prevailing wage level shall be, if the job 
        opportunity is covered by a collective bargaining agreement 
        between a union and the employer, the wage rate set forth in 
        the collective bargaining agreement, or if the job opportunity 
        is not covered by a collective bargaining agreement between a 
        union and the employer, and it is in an occupation that is 
        covered by a wage determination under the Davis-Bacon Act (40 
        U.S.C. 276a et seq.) or the Service Contract Act of 1965 (41 
        U.S.C. 351 et seq.), the appropriate statutory wage 
        determination;
            ``(B) the employer will offer the same wages, benefits, and 
        working conditions for such nonimmigrant as those provided to 
        United States workers similarly employed in the same occupation 
        and the same place of employment;
            ``(C) there is not a strike, lockout, or labor dispute in 
        the occupational classification at the place of employment 
        (including any concerted activity to which section 7 of the 
        Labor Management Relations Act (29 U.S.C. 157) applies);
            ``(D) the employer will abide by all applicable laws and 
        regulations relating to the right of workers to join or 
        organize a union;
            ``(E) the employer has provided notice of the filing of the 
        application to the bargaining representative, if any, of the 
        employer's employees in the occupational classification at the 
        place of employment or, if there is no such bargaining 
        representative, has posted notice of the filing in conspicuous 
        locations at the place of employment for all employees to see 
        for not less than 10 business days for an alien described in 
        clause (ii)(b) of section 101(a)(15)(H) and for not less than 
        25 business days for an alien described in clause (ii)(c) of 
        such section;
            ``(F) the employer (including its officers, 
        representatives, agents, or attorneys) has not required the 
        applicant to pay any fee or charge for preparing the 
        application and submitting it to the Secretary of Labor, the 
        Secretary of Homeland Security, or the Secretary of State;
            ``(G) the requirements for the job opportunity represent 
        the employer's actual minimum requirements for that job and the 
        employer will not hire nonimmigrant workers with less training 
        or experience;
            ``(H) the employer, within the 60 days prior to the filing 
        of the application and the 60 days following the filing, has 
        not laid-off, and will not lay-off, any United States worker 
        employed by the employer in any similar position at the place 
        of employment;
            ``(I) the employer, prior to the filing of the application, 
        has complied with the recruitment requirements in accordance 
        with paragraph (1); and
            ``(J) no job offer may impose on United States workers any 
        restrictions or obligations that will not be imposed by an 
        employer on a nonimmigrant worker described in clause (ii)(b) 
        or (ii)(c) of section 101(a)(15)(H).''.
    (b) Accompanied by Job Offer.--Section 212(t) of the Immigration 
and Nationality Act (8 U.S.C. 1182(t)), as amended by subsection (a), 
is further amended by adding after paragraph (3) the following:
    ``(4) Each application filed under paragraph (3) shall be 
accompanied by--
            ``(A) a copy of the job offer describing the wages and 
        other terms and conditions of employment;
            ``(B) a statement of the minimum education, training, 
        experience, and requirements for the job opportunity in 
        question;
            ``(C) copies of the documentation submitted to the United 
        States Employment Services within the Department of Labor (ES) 
        to recruit United States workers in accordance with paragraph 
        (1);
            ``(D) copies of the advertisements to recruit United States 
        workers placed in publications in accordance with paragraph 
        (1); and
            ``(E) a copy of the acknowledgement of receipt provided to 
        the employer by the ES in accordance with paragraph (1)(A).''.
    (c) Incomplete Applications; Retention of Application; Filing of 
Petition.--Section 212(t) of the Immigration and Nationality Act (8 
U.S.C. 1182(t)), as amended by subsection (b), is further amended by 
adding after paragraph (4) the following:
    ``(5) The Secretary of Labor shall review the application and 
requisite documents filed in accordance with paragraphs (3) and (4) for 
completeness and accuracy and if deficiencies are found, the Secretary 
of Labor shall notify the employer and provide the employer with an 
opportunity to address such deficiencies.
    ``(6) A copy of the application and requisite documents filed with 
the Secretary of Labor in accordance with paragraphs (3) and (4) shall 
be retained by the employer in a public access file at the employer's 
headquarters or principal place of employment of the alien for the 
duration of the employment relationship and for 1 year after the 
termination of that employment relationship.
    ``(7) Upon the approval of an application by the Secretary of 
Labor, an employer who seeks to employ an alien described in clause 
(ii)(b) or (ii)(c) of section 101(a)(15)(H) shall file a petition as 
required under section 214(c)(1) with the Bureau of Citizenship and 
Immigration Services within the Department of Homeland Security.
    ``(8) Upon finalization of the visa processing, the Secretary of 
Homeland Security shall issue each alien who obtains legal status under 
clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) with a counterfeit-
resistant visa and a document of authorization, both of which meet all 
the requirements established by the Secretary of Homeland Security for 
travel documents and reflects the benefits and status set forth in this 
subsection.''.

SEC. 204. WORKER PROTECTIONS.

    Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 
1182(t)), as amended by section 203, is further amended by adding after 
paragraph (7) the following:
    ``(8)(A) Nothing in this subsection shall be construed to limit the 
rights of an employee under a collective bargaining agreement or other 
employment contract.
    ``(B) An alien admitted or otherwise provided status under clause 
(ii)(b) or (ii)(c) of section 101(a)(15)(H) shall not be denied any 
right or any remedy under Federal, State, or local labor or employment 
law that is applicable to a United States worker employed in a similar 
position with the employer because of the status of the alien as a 
nonimmigrant worker.
    ``(C) It shall be unlawful for an employer who has filed a petition 
for a nonimmigrant worker described in clause (ii)(b) or (ii)(c) of 
section 101(a)(15)(H) to intimidate, threaten, restrain, coerce, 
blacklist, discharge, or in any other manner, discriminate against an 
employee (including a former employee) because the employee--
            ``(i) disclosed information, to the employer or to any 
        other person, that the employee reasonably believes evidences a 
        violation of this subsection or any rule or regulation 
        pertaining to this subsection; or
            ``(ii) because the employee cooperates or seeks to 
        cooperate in a government investigation or other proceeding 
        concerning the employer's compliance with the requirements of 
        this subsection or any rule or regulation pertaining to this 
        subsection.
    ``(D) The Secretary of Labor and the Secretary of Homeland Security 
shall establish a process under which a nonimmigrant worker described 
in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) who files a 
complaint regarding a violation of this subsection, or any other rule 
or regulation pertaining to this subsection and is otherwise eligible 
to remain and work in the United States may be allowed to seek other 
appropriate employment in the United States for a period not to exceed 
the maximum period of stay authorized for that nonimmigrant 
classification.
    ``(E)(i) The Secretary of Labor and the Special Counsel of the 
Office of Special Counsel for Immigration-Related Unfair Employment 
Practices within the Department of Justice (referred to in this 
paragraph as the `Special Counsel') shall jointly prescribe a process 
for the receipt, investigation, and disposition of complaints 
respecting a petitioner's failure to meet a condition specified in the 
application submitted under paragraph (3), or a petitioner's 
misrepresentation of a material fact in an application submitted under 
paragraph (3). The Secretary of Labor and the Special Counsel shall 
provide for coordinated enforcement that ensures that the investigation 
and hearing process for a complaint under this subparagraph is the same 
whether conducted by the Secretary of Labor or the Special Counsel.
    ``(ii) A complaint may be filed under this subparagraph with either 
the Secretary of Labor or the Special Counsel by an aggrieved person or 
organization (including bargaining representatives). The complaint 
shall be in writing under oath and penalty of perjury, and shall 
contain such information and be in such form as the Secretary of Labor 
or the Special Counsel requires. No investigation or hearing shall be 
conducted on a complaint concerning such a failure or misrepresentation 
unless the complaint was filed not later than 12 months after the date 
on which the failure or misrepresentation became known or should have 
become known by the complainant. The Secretary of Labor and the Special 
Counsel shall jointly conduct an investigation under this clause if 
there is reasonable basis to believe that such a failure or 
misrepresentation has occurred.
    ``(iii) The process established under clause (i) shall provide 
that, not later than 30 days after a complaint is filed, a 
determination of whether or not a reasonable basis exists to find a 
violation shall be made.
    ``(iv) If the Secretary of Labor or the Special Counsel, after 
receiving a complaint under this subparagraph, determines after an 
investigation that a reasonable basis exists under clause (iii), the 
Secretary of Labor or the Special Counsel, as the case may be, may 
require the parties to submit the issues to conciliation pursuant to a 
process jointly prescribed by the Secretary of Labor and the Special 
Counsel. Such process shall remain confidential and may not be made 
public by the Secretary of Labor, the Special Counsel, their officers 
or employees, or either of the parties or their representatives. The 
conciliation period shall be 60 days. If there is a determination that 
there is a reasonable likelihood that the complaint may be resolved 
through conciliation, the conciliation process may be extended up to 2 
additional periods of 30 days each.
    ``(v) If the complaint is not resolved through conciliation, then 
not later than 30 days after a determination is made, the Secretary of 
Labor or the Special Counsel, as the case may be, shall issue a notice 
to the interested parties that provides an opportunity for a hearing on 
the complaint, in accordance with section 556 of title 5, United States 
Code.
    ``(vi) If, on the basis of an investigation of a complaint under 
this subparagraph, it is determined that a reasonable basis does not 
exist the Secretary of Labor or the Special Counsel, as the case may 
be, shall issue a notice to the interested parties and offer either 
party an opportunity to appeal the determination of the Secretary of 
Labor or the Special Counsel. The appeal will provide for a hearing on 
the complaint, in accordance with section 556 of title 5, United States 
Code.
    ``(vii) If after receipt of a complaint in accordance with this 
subparagraph, no determination is issued within 30 days of whether a 
reasonable basis exists to find a violation, the interested or 
aggrieved party or their representative may request a hearing on the 
matter in accordance with section 556 of title 5, United States Code, 
by filing the request directly with the Office of the Chief 
Administrative Hearing Officer.
    ``(viii) If either party disagrees with the determination by the 
Secretary of Labor or the Special Counsel, they may appeal the decision 
to the Office of the Chief Administrative Hearing Officer, and if 
either party disagrees with the determination by the Office of the 
Chief Administrative Hearing Officer, they may appeal the decision to 
an administrative law judge.
    ``(ix) If at any stage there is a determination that there was a 
failure to meet a requirement of paragraph (3), or a misrepresentation 
of a material fact in an application--
            ``(I) the Secretary of Labor, Special Counsel, Office of 
        the Chief Administrative Hearing Officer, or administrative law 
        judge, as the case may be, shall notify the Secretary of 
        Homeland Security of such findings, and may award such 
        equitable relief as the party making the determination deems 
        appropriate and impose administrative remedies, including civil 
        monetary penalties not to exceed $2,500 per violation; and
            ``(II) the Secretary of Homeland Security shall not approve 
        petitions filed by that employer under section 214(c) for a 
        period of at least 1 year for aliens to be employed by the 
        employer.
    ``(x) The Secretary of Homeland Security may continue to accept 
from an employer and approve a petition that is subject to clause 
(ix)(II) if the employer shows to the satisfaction of the Secretary 
that the act or omission giving rise to such action was in good faith 
and that the employer had reasonable grounds for believing that the 
employer's act or omission was not a violation. A non-immigrant worker 
covered by the application shall remain entitled to equitable relief 
notwithstanding any such finding of good faith.
    ``(xi) If at any stage there is a determination that there was a 
willful failure to meet a requirement of paragraph (3), or a willful 
misrepresentation of a material fact in an application--
            ``(I) the Secretary of Labor, Special Counsel, Office of 
        the Chief Administrative Hearing Officer, or administrative law 
        judge, as the case may be, shall notify the Secretary of 
        Homeland Security of such findings, and may award such 
        equitable relief as the party making the determination deems 
        appropriate and may impose administrative remedies, including 
        civil monetary penalties in an amount not to exceed $7,500 per 
        violation; and
            ``(II) the Secretary of Homeland Security shall not approve 
        petitions filed with respect to that employer under section 
        214(c) during a period of at least 2 years for aliens to be 
        employed by the employer.
    ``(xii) If at any stage there is a determination that there was a 
willful failure to meet a requirement of paragraph (3), or a willful 
misrepresentation of material fact in an application, in the course of 
which failure or misrepresentation the employer displaced a United 
States worker employed by the employer within the period beginning 60 
days before and ending 60 days after the date of filing of any visa 
petition supported by the application--
            ``(I) the Secretary of Labor, Special Counsel, Office of 
        the Chief Administrative Hearing Officer, or administrative law 
        judge, as the case may be, shall notify the Secretary of 
        Homeland Security of such findings, and may award such 
        equitable relief as the party making the determination deems 
        appropriate and may impose administrative remedies, including 
        civil monetary penalties in an amount not to exceed $35,000 per 
        violation; and
            ``(II) the Secretary of Homeland Security shall not approve 
        petitions filed with respect to that employer under section 
        214(c) during a period of at least 3 years for aliens to be 
        employed by the employer.
    ``(F) The Secretary of Labor and Special Counsel shall have the 
authority to initiate and pursue investigations and audits of 
employers, whether upon complaint or otherwise, in order to ensure that 
employers are not violating the rights guaranteed under this subsection 
to nonimmigrant workers described in clause (ii)(b) or (ii)(c) of 
section 101(a)(15)(H).''.

SEC. 205. NOTIFICATION OF EMPLOYEE RIGHTS.

    Section 214(c), of the Immigration and Nationality Act (8 U.S.C. 
1184(c)) is amended by adding at the end the following:
            ``(11) An employer that employs an alien described in 
        clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall 
        provide such alien with the same notification of the alien's 
        rights and remedies under Federal, State, and local laws that 
        the employer is required to provide to United States workers 
        and, upon request of the United States worker, make available 
        to United States employees a copy of the attested application 
        submitted by the employer regarding that alien to the Secretary 
        of Labor and the application by the employer regarding that 
        alien submitted to the Secretary of Homeland Security.''.

SEC. 206. PORTABILITY.

    Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 
1182(t)), as amended by section 204, is further amended by adding after 
paragraph (8) the following:
    ``(9)(A) Except as provided in subparagraph (C), any alien admitted 
or otherwise provided status as a nonimmigrant described in section 
101(a)(15)(H)(ii)(c) may change employers only after the alien has been 
employed by the petitioning employer for at least 3 months from the 
date of admission or the date such status was otherwise acquired.
    ``(B) Except as provided in subparagraph (C), any alien admitted or 
otherwise provided status as a nonimmigrant described in section 
101(a)(15)(H)(ii)(b) shall be prohibited from changing employers after 
the alien has been employed by the petitioning employer.
    ``(C) The 3-month employment requirement in subparagraph (A) may be 
waived (without loss of status during the period of the waiver) for a 
nonimmigrant described in section 101(a)(15)(H)(ii)(c) and the 
employment requirement in subparagraph (B) may be waived (without loss 
of status during the period of the waiver) for a nonimmigrant described 
in section 101(a)(15)(H)(ii)(b) in circumstances where--
            ``(i) the alien began and continued the employment in good 
        faith but the employer violated a term or condition of 
        sponsorship of the alien under this Act or violated any other 
        law or regulation relating to the employment of the alien; or
            ``(ii) the personal circumstances of the alien changed so 
        as to require a change of employer, including family, medical, 
        or humanitarian reasons, a disability, or other factor 
        rendering the alien unable to perform the job.
    ``(D) If a waiver under subparagraph (C) is sought, the application 
shall be accompanied by such evidence to warrant the approval of such 
waiver.
    ``(E) A nonimmigrant alien admitted or otherwise provided status as 
a nonimmigrant described in clause (ii)(b) or (ii)(c) of section 
101(a)(15)(H) may accept new employment with a new employer upon the 
filing by the new employer of a new application on behalf of such alien 
as provided under paragraph (3). Employment authorization shall 
continue until the new petition is adjudicated. If the new petition is 
denied, the alien's right to work as established by this subsection 
shall cease. The alien's right to work, if any, established by any 
other provision of law, shall not be affected by the denial of such new 
application.''.

SEC. 207. SPOUSES AND CHILDREN OF WILLING WORKERS.

    Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 
1182(t)), as amended by section 206, is further amended by adding after 
paragraph (9) the following:
    ``(10) A spouse or child of a nonimmigrant worker described in 
clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible 
for derivative status by accompanying or following to join the 
alien.''.

SEC. 208. PETITIONS BY EMPLOYER GROUPS AND UNIONS.

    Section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(1)) is amended--
            (1) by inserting after the first sentence the following: 
        ``In the case of an alien or aliens described in clause (ii)(b) 
        or (ii)(c) of section 101(a)(15)(H), the petition may be filed 
        by an associated or affiliated group of employers that have 
        multiple openings for similar employment on behalf of the 
        individual employers or by a union or union consortium. The 
        petition, if approved, will be valid for employment in the 
        described positions for the member employers, the union, or 
        union consortium, provided the employing entity has complied 
        with all applicable recruitment requirements and paid the 
        requisite petition fees.''; and
            (2) by adding at the end the following: ``Nothing in this 
        paragraph shall be construed to permit a recruiting entity or 
        job shop to petition for an alien described in clause (ii)(b) 
        or (ii)(c) of section 101(a)(15)(H).''.

SEC. 209. PROCESSING TIME FOR PETITIONS.

    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)), as amended by section 205, is further amended by adding at 
the end the following:
    ``(12) The Secretary of Labor shall review the application filed 
under section 212(t)(3) for completeness and accuracy and issue a 
determination with regard to the application not later than 21 days 
after the date on which the application was filed.
    ``(13) The Secretary of Homeland Security shall establish a process 
for reviewing and completing adjudications upon petitions filed under 
this subsection with respect to nonimmigrant workers described in 
clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) and derivative 
applications associated with these petitions, not later than 60 days 
after the completed petition has been filed.''.

SEC. 210. TERMS OF ADMISSION.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended by adding at the end the following:
    ``(8) In the case of a nonimmigrant described in section 
101(a)(15)(H)(ii)(b), the initial period of authorized admission shall 
be for not more than 9 months from the date of application for 
admission in such status in any 1-year period. No nonimmigrant 
described in such section may be admitted for a total period that 
exceeds 36 months in a 4-year period.
    ``(9) In the case of a nonimmigrant described in section 
101(a)(15)(H)(ii)(c), the initial period of authorized admission shall 
be for not more than 2 years. The employer may petition for extensions 
of such status for an additional period of not more than 2 years. No 
nonimmigrant described in such section shall be admitted for a total 
period that exceeds 4 years.
    ``(10)(A) The limitations contained in paragraphs (8) and (9) with 
respect to the duration of authorized stay shall not apply to any 
nonimmigrant alien previously issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(H)(ii)(c) on whose behalf 
a petition has been filed under section 204(b) to accord the alien 
immigrant status under section 203(b), or an application for adjustment 
of status has been filed under section 245 to accord the alien status 
under section 203(b), if 365 days or more have elapsed since--
            ``(i) the filing of a labor certification application on 
        behalf of the alien (if such certification is required for the 
        alien to obtain status under section 203(b)); or
            ``(ii) the filing of the petition under section 204(a).
    ``(B) The Secretary of Homeland Security shall extend the stay of 
an alien who qualifies for an exemption under subparagraph (A) in 1-
year increments until such time as a final decision is made--
            ``(i) to deny the application described in subparagraph 
        (A)(i), or, in a case in which such application is granted, to 
        deny a petition described in subparagraph (A)(ii) filed on 
        behalf of the alien pursuant to such grant;
            ``(ii) to deny the petition described in subparagraph 
        (A)(ii); or
            ``(iii) to grant or deny the alien's application for an 
        immigrant visa or for adjustment of status to that of an alien 
        lawfully admitted for permanent residence.''.

SEC. 211. NUMBER OF VISAS ISSUED.

    Section 214(g)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1184(g)(1)(B)) is amended to read as follows:
                    ``(B)(i) under section 101(a)(15)(H)(ii)(c) may not 
                exceed 250,000 in each of the 5 fiscal years following 
                the fiscal year in which the final regulations 
                implementing the amendments made by title II of the 
                Immigration Reform Act of 2004 are published; and
                    ``(ii) under section 101(a)(15)(H)(ii)(b) may not 
                exceed 100,000 in each of the 5 fiscal years following 
                the fiscal year in which the final regulations 
                implementing the amendments made by title II of the 
                Immigration Reform Act of 2004 are published, and may 
                not exceed 66,000 in each fiscal year thereafter.''.

SEC. 212. IMMIGRATION STUDY COMMISSION.

    (a) Establishment.--On the date that is 3 years after the date of 
enactment of this Act, there shall be established a commission, to be 
known as the Immigration Study Commission (referred to in this section 
as the ``Commission'') to review the impact of this Act on the national 
security of the United States, the national economy, and families, and 
to make recommendations to Congress.
    (b) Membership.--
            (1) In general.--The Commission shall be composed of 12 
        members, of which--
                    (A) 3 members shall be appointed by the majority 
                leader of the Senate;
                    (B) 3 members shall be appointed by the minority 
                leader of the Senate;
                    (C) 3 members shall be appointed by the Speaker of 
                the House of Representatives; and
                    (D) 3 members shall be appointed by the minority 
                leader of the House of Representatives.
            (2) Qualifications.--The Commission members shall represent 
        the public and private sectors and have expertise in areas that 
        would best inform the work of the Commission, including 
        national security experts, economists, sociologists, worker 
        representatives, business representatives, and immigration 
        lawyers.
            (3) Chairperson.--The chairperson of the Commission shall 
        be a Commission member agreed upon by the majority and minority 
        leaders of the Senate, and the Speaker and the minority leader 
        of the House of Representatives.
            (4) Compensation and expenses.--The members of the 
        Commission shall not receive compensation for the performance 
        of services for the Commission, but shall be allowed travel 
        expenses, including per diem in lieu of subsistence, at rates 
        authorized for employees of agencies under subchapter I of 
        chapter 57 of title 5, United States Code, while away from 
        their homes or regular places of business in the performance of 
        services for the Commission.
            (5) Terms.--Each member shall be appointed for the life of 
        the Commission. Any vacancy shall be filled by whomever 
        initially appointed the member of that seat.
    (c) Administrative Provisions.--
            (1) Location.--The Commission shall be located in a 
        facility maintained by the Bureau of Citizenship and 
        Immigration Services.
            (2) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (3) Information from federal agencies.--The Commission may 
        secure directly from any Federal department or agency such 
        information as the Commission considers necessary to carry out 
        the provisions of this section. Upon request of the Commission, 
        the head of such department or agency shall furnish such 
        information to the Commission.
            (4) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out the objectives of this section, except that, to the 
        extent possible, the Commission shall use existing data and 
        research.
            (5) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
    (d) Report.--Not later than 1 year after all of the members are 
appointed to the Commission, the Commission shall submit to Congress a 
preliminary report that summarizes the directions of the Commission and 
initial recommendations. Not later than 2 years after the Commission 
members are appointed, the Commission shall submit to Congress a report 
that summarizes the findings of the Commission and make such 
recommendations as are consistent with this Act.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Bureau of Citizenship and Immigration Services such 
sums as may be necessary to carry out this section.

SEC. 213. CHANGE OF STATUS.

    Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 
1182(t)), as amended by section 207, is further amended by adding after 
paragraph (10) the following:
    ``(11) An alien admitted as a nonimmigrant or otherwise provided 
status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall 
be eligible to obtain a change of status to another immigrant or 
nonimmigrant classification that the alien may be eligible for.''.

SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.

    (a) Employment-Based Immigrant Visas.--Section 212(t) of the 
Immigration and Nationality Act (8 U.S.C. 1182(t)), as amended by 
section 213, is further amended by adding after paragraph (11) the 
following:
    ``(12)(A) Nonimmigrant aliens admitted or otherwise provided status 
under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be 
eligible for an employment-based immigrant visa pursuant to section 
203(b)(3) and adjustment of status pursuant to section 245.
    ``(B) Pursuant to subparagraph (A), for purposes of adjustment of 
status under section 245(a) or issuance of an immigrant visa under 
section 203(b)(3), employment-based immigrant visas shall be made 
available, without regard to any numerical limitation imposed by 
section 201 or 202, to an alien having nonimmigrant status described in 
clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) upon the filing of a 
petition for such a visa by--
            ``(i) the employer or any collective bargaining agent of 
        the alien; or
            ``(ii) the alien, provided the alien has been employed 
        under such nonimmigrant status for at least 3 years.
    ``(C) The spouse or child of an alien granted status under clause 
(ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible as a 
derivative beneficiary for an immigrant visa and adjustment of 
status.''.
    (b) Dual Intent.--Section 214(h) of the Immigration and Nationality 
Act (8 U.S.C. 1184(h)) is amended by inserting ``(H)(ii)(b), 
(H)(ii)(c),'' after ``(H)(i),''.

SEC. 215. GROUNDS OF INADMISSIBILITY.

    Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 
1182(t)), as amended by section 214(a), is further amended by adding 
after paragraph (12) the following:
    ``(13) In determining the admissibility of an alien under clause 
(ii)(b) or (ii)(c) of section 101(a)(15)(H), violations of grounds of 
inadmissibility described in paragraphs (5), (6)(A), (6)(B), (6)(C), 
(6)(G), (7), (9), and (10)(B) of section 212(a) committed prior to the 
application under such section, or the approval of a change of status 
to a classification under such section shall not apply if the violation 
was committed before the date of introduction of the Immigration Reform 
Act of 2004.''.

SEC. 216. PETITION FEES.

    Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 
1182(t)), as amended by section 215, is further amended by adding after 
paragraph (13) the following:
    ``(14)(A) An employer filing a petition for an alien described in 
section 101(a)(15)(H)(ii)(c) shall be required to pay a filing fee for 
each alien, based on the cost of carrying out the processing duties 
under this subsection, and a secondary fee of--
            ``(i) $250, in the case of an employer employing 25 
        employees or less;
            ``(ii) $500, in the case of an employer employing between 
        26 and 150 employees;
            ``(iii) $750, in the case of an employer employing between 
        151 and 500 employees; or
            ``(iv) $1,000, in the case of an employer employing more 
        than 500 employees.
    ``(B) An employer filing a petition for an alien described in 
section 101(a)(15)(H)(ii)(b) shall be required to pay a filing fee for 
each alien, based on the costs of carrying out the processing duties 
under this subsection, and a secondary fee of--
            ``(i) $125, in the case of an employer employing 25 
        employees or less;
            ``(ii) $250, in the case of an employer employing between 
        26 and 150 employees;
            ``(iii) $375, in the case of an employer employing between 
        151 and 500 employees; or
            ``(iv) $500, in the case of an employer employing more than 
        500 employees.
    ``(C) The fees collected under this paragraph shall be deposited 
into accounts within the Department of Homeland Security, the 
Department of Labor, and the Department of State, and allocated such 
that--
            ``(i) 15 percent of the amounts received shall be made 
        available to the Department of Homeland Security until expended 
        to carry out the requirements related to processing petitions 
        filed by employers for aliens described in clause (ii)(b) or 
        (ii)(c) of section 101(a)(15)(H);
            ``(ii) 20 percent of the amounts received shall be made 
        available to the Department of Labor until expended to--
                    ``(I) carry out the requirements related to 
                processing attestations filed by employers for aliens 
                described in clause (ii)(b) or (ii)(c) of section 
                101(a)(15)(H); and
                    ``(II) increase the funds available to the United 
                States Employment Services to assist State employment 
                service agencies in responding to employers and 
                employees contacting such agencies as a result of 
                paragraph (1);
            ``(iii) 15 percent of the amounts received shall be made 
        available to the Department of State until expended to carry 
        out the requirements related to processing applications for 
        visas by aliens under clause (ii)(b) or (ii)(c) of section 
        101(a)(15)(H);
            ``(iv) 20 percent of the amounts received shall be made 
        available for the performance of functions under section 
        212(t)(8)(F) as the Secretary of Labor and the Special Counsel 
        of the Office of the Special Counsel for Immigration-Related 
        Unfair Employment Practices within the Department of Justice 
        may agree; and
            ``(v) 30 percent of the amounts received shall be made 
        available to the Department of Homeland Security for 
        implementation of border security measures.''.

SEC. 217. TERMINATON OF H-2C TEMPORARY WORKER PROGRAM.

    Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 
1182(t)), as amended by section 216, is further amended by adding after 
paragraph (14) the following:
    ``(15) The temporary worker program for aliens described in section 
101(a)(15)(H)(ii)(c) shall terminate at the end of the fiscal year that 
is 5 years after the fiscal year in which the final regulations 
implementing the amendments made by title II of the Immigration Reform 
Act of 2004 are published. Congress shall review the temporary worker 
program before the expiration of the program based on the findings and 
recommendations submitted by the Immigration Study Commission under 
section 212(d) of the Immigration Reform Act of 2004.''.

SEC. 218. DEFINITIONS.

    Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 
1182(t)), as amended by section 217, is further amended by adding after 
paragraph (15) the following:
    ``(16) In this subsection:
            ``(A) The term `employer' means any person or entity that 
        employs workers in labor or services that are not agricultural, 
        and shall not include recruiting entities or job shops.
            ``(B) The term `job opportunity' means a job opening for 
        temporary full-time or part-time employment at a place in the 
        United States to which United States workers can be referred.
            ``(C)(i) The term `lays off', with respect to a worker--
                    ``(I) means to cause the worker's loss of 
                employment, other than through a discharge for 
                inadequate performance, violation of workplace rules, 
                cause, voluntary departure, voluntary retirement, 
                contract impossibility, termination of the position or 
                company, temporary layoffs due to weather, markets, or 
                other temporary conditions; but
                    ``(II) does not include any situation in which the 
                worker is offered, as an alternative to such loss of 
                employment, a similar employment opportunity with the 
                same employer at equivalent or higher compensation and 
                benefits than the position from which the employee was 
                discharged, regardless of whether or not the employee 
                accepts the offer.
            ``(ii) Nothing in this subparagraph is intended to limit an 
        employee's rights under a collective bargaining agreement or 
        other employment contract.
            ``(D) 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 clause (ii)(b) or (ii)(c) of section 101(a)(15)(H).''.

SEC. 219. COLLECTIVE BARGAINING AGREEMENTS.

    Notwithstanding any other provision of law, the fact that an 
individual holds a visa as a nonimmigrant worker described in clause 
(ii)(b) or (ii)(c) of section 101(a)(15)(H) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)) shall not render that 
individual ineligible to qualify as an employee under the National 
Labor Relations Act (29 U.S.C. 151 et seq.) or to be protected under 
section 7 of that Act (29 U.S.C. 157).

SEC. 220. REPORT ON WAGE DETERMINATION.

    Not later than 2 years after the date of enactment of this Act, the 
Bureau of Labor Statistics shall prepare and transmit to the Committees 
on Health, Education, Labor and Pensions and the Judiciary in the 
Senate and the Committees on Education and the Workforce and the 
Judiciary in the House of Representatives, a report that addresses--
            (1) whether the employment of workers described in clause 
        (ii)(b) or (ii)(c) of section 101(a)(15)(H) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(15)(H)) in the United 
        States workforce has impacted United States worker wages;
            (2) whether any changes should be made for a future wage 
        system, based on, inter alia, an examination of the 
        Occupational Employment System survey, its calculation of wage 
        data based on skill and experience levels, difference among 
        types of employers (specifically for-profit and nonprofit, and 
        government and nongovernment);
            (3) whether use of private, independent wage surveys would 
        provide accurate and reliable criteria to determine wage rates; 
        and
            (4) any other recommendations that are warranted.

SEC. 221. INELIGIBILITY FOR CERTAIN NONIMMIGRANT STATUS.

    (a) Bar to Future Visas for Condition Violations.--Any alien who 
has status pursuant to section 245B of the Immigration and Nationality 
Act, as added by title III, or clause (ii)(b) or (ii)(c) of section 
101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)), shall not be eligible in the future for such 
nonimmigrant status if the alien violates any term or condition of such 
status.
    (b) Aliens Unlawfully Present.--Any alien who enters the United 
States after the date of enactment of this Act without being admitted 
or paroled shall be ineligible for nonimmigrant status under clause 
(ii)(b) or (ii)(c) of section 101(a)(15)(H) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)).

SEC. 222. INVESTIGATIONS BY DEPARTMENT OF HOMELAND SECURITY DURING 
              LABOR DISPUTES.

    (a) In General.--When information is received by the Department of 
Homeland Security concerning the employment of undocumented or 
unauthorized aliens, consideration should be given to whether the 
information is being provided to interfere with the rights of employees 
to--
            (1) form, join, or assist labor organizations or to 
        exercise their rights not to do so;
            (2) be paid minimum wages and overtime;
            (3) have safe work places;
            (4) receive compensation for work related injuries;
            (5) be free from discrimination based on race, gender, age, 
        national origin, religion, or handicap; or
            (6) retaliate against employees for seeking to vindicate 
        these rights.
    (b) Determination of Labor Dispute.--Whenever information received 
from any source creates a suspicion that an immigration enforcement 
action might involve the Department of Homeland Security in a labor 
dispute, a reasonable attempt should be made by Department of Homeland 
Security enforcement officers to determine whether a labor dispute is 
in progress. The information officer at the regional office of the 
National Labor Relations Board can supply status information on unfair 
labor practice charges or union election or decertification petitions 
that are pending involving most private sector, non-agricultural 
employers. Wage and hour information can be obtained from the Wage and 
Hour Division of the Department of Labor or the State labor department.
    (c) Relevant Questions for Informant.--In order to protect the 
Department of Homeland Security from unknowingly becoming involved in a 
labor dispute, persons who provide information to the Department 
of Homeland Security about the employer or employees involved in the 
dispute should be asked--
            (1) their names;
            (2) whether there is a labor dispute in progress at the 
        worksite;
            (3) whether the person is or was employed at the worksite 
        in question (or by a union representing workers at the 
        worksite);
            (4) if applicable, whether the person is or was employed in 
        a supervisory or managerial capacity or is related to anyone 
        who is;
            (5) how the person came to know that the subjects lacked 
        legal authorization to work, as well as the source and 
        reliability of the information concerning the subject's status;
            (6) whether the person had or is having a dispute with the 
        employer or the subjects of the information; and
            (7) if the subjects of the information have raised 
        complaints or grievances about hours, working conditions, 
        discriminatory practices, or union representation or actions, 
        or whether the subjects have filed workers' compensation 
        claims.
    (d) BICE Review.--There is no prohibition for enforcing the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), even when 
there may be a labor dispute in progress, however, where it appears 
that information may have been provided in order to interfere with or 
to retaliate against employees for exercising their rights, no action 
should be taken on this information without review and approval by the 
Bureau of Immigration and Customs Enforcement.
    (e) Enforcement Action.--When enforcement action is taken by the 
Department of Homeland Security and the Department determines that 
there is a labor dispute in progress, or that information was provided 
to the Department of Homeland Security to retaliate against employees 
for exercising their employment rights, the lead immigration officer in 
charge of the Department of Homeland Security enforcement team at the 
worksite must ensure, to the extent possible, that any aliens who are 
arrested or detained and are necessary for the prosecution of any 
violations are not removed from the country without notifying the 
appropriate law enforcement agency that has jurisdiction over the 
violations.
    (f) Interviews.--Any arrangements for aliens to be held or 
interviewed by investigators or attorneys for the Department of Labor, 
the State labor department, the National Labor Relations Board, or any 
other agencies or entities that enforce labor or employment laws will 
be determined on a case-by-case basis.

SEC. 223. PROTECTION OF WITNESSES.

    Chapter 8 of title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended by adding after section 280 the 
following:

                           ``stay of removal

    ``Sec. 280A. (a) An alien against whom removal proceedings have 
been initiated pursuant to chapter 4, who has filed a workplace claim 
or who is a material witness in any pending or anticipated proceeding 
involving a workplace claim, shall be entitled to a stay of removal and 
to an employment authorized endorsement unless the Department of Labor 
established by a preponderance of the evidence in proceedings before 
the immigration judge presiding over that alien's removal hearing--
            ``(1) that--
                    ``(A) the Department of Homeland Security initiated 
                the alien's removal proceeding for wholly independent 
                reasons and not in any respect based on, or as a result 
                of, any information provided to or obtained by the 
                Department of Homeland Security from the alien's 
                employer, from any outside source, including any 
                anonymous source, or as a result of the filing or 
                prosecution of the workplace claim; and
                    ``(B) the workplace claim was filed with a bad 
                faith intent to delay or avoid the alien's removal; or
            ``(2) that the alien has engaged in criminal conduct or is 
        a threat to the national security of the United States.
    ``(b) Any stay of removal or work authorization issued pursuant to 
subsection (a) shall remain valid and in effect at least during the 
pendency of the proceedings concerning such workplace claim. The 
Secretary of Homeland Security shall extend such relief for a period of 
not longer than 3 additional years upon determining that--
            ``(1) such relief would enable the alien asserting the 
        workplace claim to be made whole;
            ``(2) the deterrent goals of any statute underlying the 
        workplace claim would thereby be served; or
            ``(3) such extension would otherwise further the interests 
        of justice.
    ``(c) In this section--
            ``(1) the term `workplace claim' shall include any claim, 
        charge, complaint, or grievance filed with or submitted to the 
        employer, a Federal or State agency or court, or an arbitrator, 
        to challenge an employer's alleged civil or criminal violation 
        of any legal or administrative rule or requirement affecting 
        the terms or conditions of its workers' employment or the 
        hiring or firing of its workers; and
            ``(2) the term `material witness' means an individual who 
        presents an affidavit from an attorney prosecuting or defending 
        the workplace claim or from the presiding officer overseeing 
        the workplace claim attesting that, to the best of the 
        affiant's knowledge and belief, reasonable cause exists to 
        believe that the testimony of the individual will be crucial to 
        the outcome of the workplace claim.

     ``confidentiality of immigration information obtained during 
                       administrative proceedings

    ``Sec. 280B. (a) No officer or employee, including any former 
officer or employee, of any Federal or State administrative agency with 
jurisdiction over any employer's workplace shall disclose to the 
Department of Homeland Security, or cause to be published in a manner 
that discloses to the Department of Homeland Security, any information 
concerning the immigration status of any worker obtained by that 
officer or employee in connection with the official duties of that 
officer or employee, and the Department of Homeland Security shall not, 
in any enforcement action or removal proceeding, use or rely upon, in 
whole or in part, any information so obtained.
    ``(b) Any person who knowingly uses, publishes, or permits 
information to be used in violation of subsection (a) shall be fined 
not more than $10,000.''.

SEC. 224. DOCUMENT FRAUD.

    Section 274C(d)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324c(d)(3)) is amended by inserting before ``In applying this 
subsection'' the following: ``The civil penalties set forth in 
subparagraphs (A) and (B) shall be tripled in the case of any 
commercial enterprise that commits any violation of subsection (a) 
principally for commercial advantage or financial gain.''.

                 TITLE III--ACCESS TO EARNED ADJUSTMENT

SEC. 301. ADJUSTMENT OF STATUS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after 
section 245A the following:

                     ``access to earned adjustment

    ``Sec. 245B. Access to earned adjustment.
    ``(a) Adjustment of Status.--
            ``(1) Principal aliens.--Notwithstanding any other 
        provision of law, the Secretary of Homeland Security shall 
        adjust to the status of an alien lawfully admitted for 
        permanent residence, an alien who satisfies the following 
        requirements:
                    ``(A) Application.--The alien shall file an 
                application establishing eligibility for adjustment of 
                status and pay the fine required under subsection (m) 
                and any additional amounts owed under that subsection.
                    ``(B) Continuous physical presence.--
                            ``(i) In general.--The alien shall 
                        establish that the alien--
                                    ``(I) was physically present in the 
                                United States for at least 5 years 
                                preceding the date of introduction of 
                                the Immigration Reform Act of 2004;
                                    ``(II) was not legally present on 
                                the date of introduction of the 
                                Immigration Reform Act of 2004; and
                                    ``(III) has not departed from the 
                                United States except for brief, casual, 
                                and innocent departures.
                            ``(ii) Legally present.--For purposes of 
                        this subparagraph, an alien who has violated 
                        any conditions of his or her visa shall not be 
                        considered to be legally present in the United 
                        States.
                    ``(C) Admissible under immigration laws.--The alien 
                shall establish that the alien is not inadmissible 
                under section 212(a) except for any provision of that 
                section that is waived under subsection (b) of this 
                section.
                    ``(D) Employment in united states.--
                            ``(i) In general.--The alien shall have 
                        been employed in the United States, in the 
                        aggregate, for--
                                    ``(I) at least 3 of the 5 years 
                                immediately preceding the date on which 
                                the Immigration Reform Act of 2004 was 
                                introduced; and
                                    ``(II) at least 1 year following 
                                the date of enactment of such Act.
                            ``(ii) Exceptions.--The employment 
                        requirements in clause (i) shall not apply to 
                        an individual who is under 20 years of age on 
                        the date of introduction of the Immigration 
                        Reform Act of 2004, and the employment 
                        requirement in clause (i)(II) shall be reduced 
                        for an individual who cannot demonstrate 
                        employment based on a physical or mental 
                        disability or as a result of pregnancy.
                            ``(iii) Portability.--An alien shall not be 
                        required to complete the employment 
                        requirements in clause (i) with the same 
                        employer.
                            ``(iv) Evidence of employment.--
                                    ``(I) Conclusive documents.--For 
                                purposes of satisfying the requirements 
                                in clause (i), the alien shall submit 
                                at least 2 of the following documents 
                                for each period of employment, which 
                                shall be considered conclusive evidence 
                                of such employment:
                                            ``(aa) Records maintained 
                                        by the Social Security 
                                        Administration.
                                            ``(bb) Records maintained 
                                        by an employer, such as pay 
                                        stubs, time sheets, or 
                                        employment work verification.
                                            ``(cc) Records maintained 
                                        by the Internal Revenue 
                                        Service.
                                            ``(dd) Records maintained 
                                        by a union or day labor center.
                                            ``(ee) Records maintained 
                                        by any other government agency, 
                                        such as worker compensation 
                                        records, disability records, or 
                                        business licensing records.
                                    ``(II) Other documents.--Aliens 
                                unable to submit documents described in 
                                subclause (I) shall submit at least 3 
                                other types of reliable documents, 
                                including sworn declarations, for each 
                                period of employment to satisfy the 
                                requirement in clause (i).
                                    ``(III) Intent of congress.--It is 
                                the intent of Congress that the 
                                requirement in clause (i) 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.
                            ``(v) Burden of proof.--An alien applying 
                        for adjustment of status under this subsection 
                        has the burden of proving by a preponderance of 
                        the evidence that the alien has satisfied the 
                        employment requirements in clause (i). An alien 
                        may satisfy such burden of proof by producing 
                        sufficient evidence to show the extent of that 
                        employment as a matter of just and reasonable 
                        inference. Once the burden is met, the burden 
                        shall shift to the Secretary of Homeland 
                        Security to disprove the alien's evidence with 
                        a showing which negates the reasonableness of 
                        the inference to be drawn from the evidence.
                    ``(E) Payment of income taxes.--Not later than the 
                date on which status is adjusted under this subsection, 
                the alien shall establish the payment of all Federal 
                income taxes owed for employment during the period of 
                employment required under subparagraph (D)(i). The 
                alien may satisfy such requirement by establishing 
                that--
                            ``(i) no such tax liability exists;
                            ``(ii) all outstanding liabilities have 
                        been met; or
                            ``(iii) the alien has entered into an 
                        agreement for payment of all outstanding 
                        liabilities with the Internal Revenue Service.
                    ``(F) Basic citizenship skills.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the alien shall demonstrate that 
                        the alien either--
                                    ``(I) meets the requirements of 
                                section 312(a) (relating to minimal 
                                understanding of ordinary English and a 
                                knowledge and understanding of the 
                                history and government of the United 
                                States); or
                                    ``(II) is satisfactorily pursuing a 
                                course of study, recognized by the 
                                Secretary of Homeland Security, to 
                                achieve such understanding of English 
                                and the history and government of the 
                                United States.
                            ``(ii) Exceptions.--
                                    ``(I) Mandatory.--The requirements 
                                of clause (i) shall not apply to any 
                                person who is unable to comply with 
                                those requirements because of a 
                                physical or developmental disability or 
                                mental impairment.
                                    ``(II) Discretionary.--The 
                                Secretary of Homeland Security may 
                                waive all or part of the requirements 
                                of clause (i) in the case of an alien 
                                who is 65 years of age or older as of 
                                the date of the filing of the 
                                application for adjustment of status.
                    ``(G) Security and law enforcement clearances.--The 
                alien shall submit fingerprints in accordance with 
                procedures established by the Secretary of Homeland 
                Security. Such fingerprints shall be submitted to 
                relevant Federal agencies to be checked against 
                existing databases for information relating to 
                criminal, national security, or other law enforcement 
                actions that would render the alien ineligible for 
                adjustment of status under this subsection. The 
                relevant Federal agencies shall work to ensure that 
                such clearances are completed within 90 days of the 
                submission of fingerprints. An appeal of a security 
                clearance determination by the Secretary of Homeland 
                Security shall be processed through the Department of 
                Homeland Security.
                    ``(H) Military selective service.--The alien shall 
                establish that if the alien is within the age period 
                required under the Military Selective Service Act (50 
                U.S.C. App. 451 et seq.), that such alien has 
                registered under that Act.
            ``(2) Spouses and children.--
                    ``(A) In general.--
                            ``(i) Adjustment of status.--
                        Notwithstanding any other provision of law, the 
                        Secretary of Homeland Security shall, if 
                        otherwise eligible under subparagraph (B), 
                        adjust the status to that of a lawful permanent 
                        resident for--
                                    ``(I) the spouse, or child who was 
                                under 21 years of age on the date of 
                                enactment of the Immigration Reform Act 
                                of 2004, of an alien who adjusts status 
                                or is eligible to adjust status to that 
                                of a permanent resident under paragraph 
                                (1); or
                                    ``(II) an alien who, within 5 years 
                                preceding the date of enactment of the 
                                Immigration Reform Act of 2004, was the 
                                spouse or child of an alien who adjusts 
                                status to that of a permanent resident 
                                under paragraph (1), if--
                                            ``(aa) the termination of 
                                        the qualifying relationship was 
                                        connected to domestic violence; 
                                        or
                                            ``(bb) the spouse or child 
                                        has been battered or subjected 
                                        to extreme cruelty by the 
                                        spouse or parent who adjusts 
                                        status or is eligible to adjust 
                                        status to that of a permanent 
                                        resident under paragraph (1).
                            ``(ii) Application of other law.--In acting 
                        on applications filed under this paragraph with 
                        respect to aliens who have been battered or 
                        subjected to extreme cruelty, the Secretary of 
                        Homeland Security shall apply the provisions of 
                        section 204(a)(1)(J) and the protections, 
                        prohibitions, and penalties under section 384 
                        of the Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996 (8 U.S.C. 1367).
                    ``(B) Grounds of inadmissibility not applicable.--
                In establishing admissibility to the United States, the 
                spouse or child described in subparagraph (A) shall 
                establish that they are not inadmissible under section 
                212(a), except for any provision of that section that 
                is waived under subsection (b) of this section.
                    ``(C) Security and law enforcement clearance.--The 
                spouse or child, if that child is 14 years of age or 
                older, described in subparagraph (A) shall submit 
                fingerprints in accordance with procedures established 
                by the Secretary of Homeland Security. Such 
                fingerprints shall be submitted to relevant Federal 
                agencies to be checked against existing databases for 
                information relating to criminal, national security, or 
                other law enforcement actions that would render the 
                alien ineligible for adjustment of status under this 
                subsection. The relevant Federal agencies shall work to 
                ensure that such clearances are completed within 90 
                days of the submission of fingerprints. An appeal of a 
                denial by the Secretary of Homeland Security shall be 
                processed through the Department of Homeland Security.
            ``(3) Nonapplicability of numerical limitations.--When an 
        alien is granted lawful permanent resident status under this 
        subsection, the number of immigrant visas authorized to be 
        issued under any provision of this Act shall not be reduced.
    ``(b) Grounds of Inadmissibility.--In the determination of an 
alien's admissibility under paragraphs (1)(C) and (2) of subsection 
(a), the following shall apply:
                    ``(A) Grounds that may not be waived.--The 
                following provisions of section 212(a) may not be 
                waived by the Secretary of Homeland Security under 
                subparagraph (C)(i) of this subsection:
                            ``(i) Paragraph (1) (relating to health).
                            ``(ii) Paragraph (2) (relating to 
                        criminals).
                            ``(iii) Paragraph (3) (relating to security 
                        and related grounds).
                            ``(iv) Subparagraphs (A) and (C) of 
                        paragraph (10) (relating to polygamists and 
                        child abductors).
                    ``(B) Grounds of inadmissibility not applicable.--
                The provisions of paragraphs (5), (6)(A), (6)(B), 
                (6)(C), (6)(F), (6)(G), (7), (9), and (10)(B) of 
                section 212(a) shall not apply to an alien who is 
                applying for adjustment of status under subsection (a).
                    ``(C) Waiver of other grounds.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (A), the Secretary of Homeland 
                        Security may waive any provision of section 
                        212(a) in the case of individual aliens for 
                        humanitarian purposes, to ensure family unity, 
                        or when it is otherwise in the public interest.
                            ``(ii) Construction.--Nothing in this 
                        subparagraph shall be construed as affecting 
                        the authority of the Secretary of Homeland 
                        Security, other than under this subparagraph, 
                        to waive the provisions of section 212(a).
                    ``(D) Special rule for determination of public 
                charge.--An alien is not ineligible for adjustment of 
                status under subsection (a) by reason of a ground of 
                inadmissibility under section 212(a)(4) if the alien 
                establishes a history of employment in the United 
                States evidencing self-support without public cash 
                assistance.
                    ``(E) Special rule for individuals where there is 
                no commercial purpose.--An alien is not ineligible for 
                adjustment of status under subsection (a) by reason of 
                a ground of inadmissibility under section 212(a)(6)(E) 
                if the alien establishes that the action referred to in 
                that section was taken for humanitarian purposes, to 
                ensure family unity, or was otherwise in the public 
                interest.
                    ``(F) Applicability of other provisions.--Section 
                241(a)(5) and section 240B(d) shall not apply with 
                respect to an alien who is applying for adjustment of 
                status under subsection (a).
    ``(c) Treatment of Applicants.--
            ``(1) In general.--An alien who files an application under 
        subsection (a)(1)(A) for adjustment of status, including a 
        spouse or child who files for adjustment of status under 
        subsection (b)--
                    ``(A) shall be granted employment authorization 
                pending final adjudication of the alien's application 
                for adjustment of status;
                    ``(B) shall be granted permission to travel abroad 
                pursuant to regulation pending final adjudication of 
                the alien's application for adjustment of status;
                    ``(C) shall not be detained, determined 
                inadmissible or deportable, or removed pending final 
                adjudication of the alien's application for adjustment 
                of status, unless the alien commits an act which 
                renders the alien ineligible for such adjustment of 
                status; and
                    ``(D) shall not be considered an unauthorized alien 
                as defined in section 274A(h)(3) until such time as 
                employment authorization under subparagraph (A) is 
                denied.
            ``(2) Document of authorization.--The Secretary of Homeland 
        Security shall provide each alien described in paragraph (1) 
        with a counterfeit-resistant document of authorization that 
        meets all current requirements established by the Secretary of 
        Homeland Security for travel documents and reflects the 
        benefits and status set forth in subparagraphs (A) through (D) 
        of paragraph (1).
            ``(3) Security and law enforcement clearance.--Before an 
        alien is granted employment authorization or permission to 
        travel under paragraph (1), the alien shall be required to 
        undergo a name check against existing databases for information 
        relating to criminal, national security, or other law 
        enforcement actions. The relevant Federal agencies shall work 
        to ensure that such name checks are completed not later than 90 
        days after the date on which the name check is requested.
            ``(4) Termination of proceedings.--An alien in removal 
        proceedings who establishes prima facie eligibility for 
        adjustment of status under subsection (a) shall be entitled to 
        termination of the proceedings pending the outcome of the 
        alien's application, unless the removal proceedings are based 
        on criminal or national security grounds.
    ``(d) Apprehension Before Application Period.-- The Secretary of 
Homeland Security shall provide that in the case of an alien who is 
apprehended before the beginning of the application period described in 
subsection (a) and who can establish prima facie eligibility to have 
the alien's status adjusted under that subsection (but for the fact 
that the alien may not apply for such adjustment until the beginning of 
such period), until the alien has had the opportunity during the first 
180 days of the application period to complete the filing of an 
application for adjustment, the alien may not be removed from the 
United States unless the alien is removed on the basis that the alien 
has engaged in criminal conduct or is a threat to the national security 
of the United States.
    ``(e) Confidentiality of Information.--
            ``(1) In general.--Except as otherwise provided in this 
        section, no Federal agency or bureau, nor any officer or 
        employee of such agency or bureau, may--
                    ``(A) use the information furnished by the 
                applicant pursuant to an application filed under 
                paragraph (1) or (2) of subsection (a) for any purpose 
                other than to make a determination on the application;
                    ``(B) make any publication through which the 
                information furnished by any particular applicant can 
                be identified; or
                    ``(C) permit anyone other than the sworn officers 
                and employees of such agency, bureau, or approved 
                entity, as approved by the Secretary of Homeland 
                Security, to examine individual applications that have 
                been filed.
            ``(2) Required disclosures.--The Secretary of Homeland 
        Security and the Secretary of State shall provide the 
        information furnished pursuant to an application filed under 
        paragraph (1) or (2) of subsection (a), and any other 
        information derived from such furnished information, to a duly 
        recognized law enforcement entity in connection with a criminal 
        investigation or prosecution or a national security 
investigation or prosecution, in each instance about an individual 
suspect or group of suspects, when such information is requested in 
writing by such entity.
            ``(3) Criminal penalty.--Any person who knowingly uses, 
        publishes, or permits information to be examined in violation 
        of this subsection shall be fined not more than $10,000.
    ``(f) Penalties for False Statements in Applications.--
            ``(1) Criminal penalty.--
                    ``(A) Violation.--It shall be unlawful for any 
                person to--
                            ``(i) file or assist in filing an 
                        application for adjustment of status under this 
                        section and knowingly and willfully falsify, 
                        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) 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, or 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.
            ``(3) Exception.--Notwithstanding paragraphs (1) and (2), 
        any alien or other entity (including an employer or union) that 
        submits an employment record that contains incorrect data that 
        the alien used in order to obtain such employment, shall not 
        have violated this subsection.
    ``(g) 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 in 
accordance with subsection (a) 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.).
    ``(h) Relationships of Application to Certain Orders.--
            ``(1) In general.--An alien who is present in the United 
        States and has been ordered excluded, deported, removed, or to 
        depart voluntarily from the United States under any provision 
        of this Act may, notwithstanding such order, apply for 
        adjustment of status under subsection (a). Such an alien shall 
        not be required, as a condition of submitting or granting such 
        application, to file a separate motion to reopen, reconsider, 
        or vacate the exclusion, deportation, removal or voluntary 
        departure order. If the Secretary of Homeland Security grants 
        the application, the order shall be canceled. If the Secretary 
        of Homeland Security renders a final administrative decision to 
        deny the application, such order shall be effective and 
        enforceable. Nothing in this paragraph shall affect the review 
        or stay of removal under subsection (j).
            ``(2) Stay of removal.--The filing of an application 
        described in paragraph (1) shall stay the removal or detainment 
        of the alien pending final adjudication of the application, 
        unless the removal or detainment of the alien is based on 
        criminal or national security grounds.
    ``(i) Application of Other Immigration and Nationality Act 
Provisions.--Nothing in this section shall preclude an alien who may be 
eligible to be granted adjustment of status under subsection (a) from 
seeking such status under any other provision of law for which the 
alien may be eligible.
    ``(j) Administrative and Judicial Review.--
            ``(1) In general.--Except as provided in this subsection, 
        there shall be no administrative or judicial review of a 
        determination respecting an application for adjustment of 
        status under subsection (a).
            ``(2) Administrative review.--
                    ``(A) Single level of administrative appellate 
                review.--The Secretary of Homeland Security shall 
                establish an appellate authority to provide for a 
                single level of administrative appellate review of a 
                determination respecting an application for adjustment 
                of status under subsection (a).
                    ``(B) Standard for review.--Administrative 
                appellate review referred to in subparagraph (A) shall 
                be based solely upon the administrative record 
                established at the time of the determination on the 
                application and upon the presentation of additional or 
                newly discovered evidence during the time of the 
                pending appeal.
            ``(3) Judicial review.--
                    ``(A) Direct review.--A person whose application 
                for adjustment of status under subsection (a) is denied 
                after administrative appellate review under paragraph 
                (2) may seek review of such denial, in accordance with 
                chapter 7 of title 5, United States Code, before the 
                United States district court for the district in which 
                the person resides.
                    ``(B) Review after removal proceedings.--There 
                shall be judicial review in the Federal courts of 
                appeal of the denial of an application for adjustment 
                of status under subsection (a) in conjunction with 
                judicial review of an order of removal, deportation, or 
                exclusion, but only if the validity of the denial has 
                not been upheld in a prior judicial proceeding under 
                subparagraph (A). Notwithstanding any other provision 
                of law, the standard for review of such a denial shall 
                be governed by subparagraph (C).
                    ``(C) Standard for judicial review.--Judicial 
                review of a denial of an application under this section 
                shall be based solely upon the administrative record 
                established at the time of the review. The findings of 
                fact and other determinations contained in the record 
                shall be conclusive unless the applicant can 
establish abuse of discretion or that the findings are directly 
contrary to clear and convincing facts contained in the record, 
considered as a whole.
            ``(4) Stay of removal.--Aliens seeking administrative or 
        judicial review under this subsection shall not be removed from 
        the United States until a final decision is rendered 
        establishing ineligibility under this section, unless such 
        removal is based on criminal or national security grounds.
    ``(k) Dissemination of Information on Adjustment Program.--During 
the 12 months following the issuance of final regulations in accordance 
with subsection (o), the Secretary of Homeland Security, in cooperation 
with approved entities, approved by the Secretary of Homeland Security, 
shall broadly disseminate information respecting adjustment of status 
under this section and the requirements to be satisfied to obtain such 
status. The Secretary of Homeland Security shall also disseminate 
information to employers and labor unions to advise them of the rights 
and protections available to them and to workers who file applications 
under this section. Such information shall be broadly disseminated, in 
the languages spoken by the top 15 source countries of the aliens who 
would qualify for adjustment of status under this section, including to 
television, radio, and print media such aliens would have access to.
    ``(l) Employer Protections.--
            ``(1) Immigration status of alien.--Employers of aliens 
        applying for adjustment of status under this section shall not 
        be subject to civil and criminal tax liability relating 
        directly to the employment of such alien.
            ``(2) Provision of employment records.--Employers that 
        provide unauthorized aliens with copies of employment records 
        or other evidence of employment pursuant to an application for 
        adjustment of status under this section or any other 
        application or petition pursuant to other provisions of the 
        immigration laws, shall not be subject to civil and criminal 
        liability pursuant to section 274A for employing such 
        unauthorized aliens.
            ``(3) Applicability of other law.--Nothing in this 
        subsection shall be used to shield an employer from liability 
        pursuant to section 274B or any other labor and employment law 
        provisions.
    ``(m) Authorization of Funds; Fines.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to the Department of Homeland 
        Security such sums as are necessary to commence the processing 
        of applications filed under this section.
            ``(2) Fine.--An alien who files an application under this 
        section shall pay a fine commensurate with levels charged by 
        the Department of Homeland Security for other applications for 
        adjustment of status.
            ``(3) Additional amounts owed.--Prior to the adjudication 
        of an application for adjustment of status filed under this 
        section, the alien shall pay an amount equaling $1,000, but 
        such amount shall not be required from an alien under the age 
        of 18.
            ``(4) Use of amounts collected.--The Secretary of Homeland 
        Security shall deposit payments received under this subsection 
        in the Immigration Examinations Fee Account, and these payments 
        in such account shall be available, without fiscal year 
        limitation, such that--
                    ``(A) 60 percent of such funds shall be available 
                to the Department of Homeland Security for implementing 
                and processing applications under this section; and
                    ``(B) 40 percent of such funds shall be available 
                to the Department of Homeland Security and the 
                Department of State to cover administrative and other 
                expenses incurred in connection with the review of 
                applications filed by immediate relatives as a result 
                of the amendments made by title I of the Immigration 
                Reform Act of 2004.
    ``(n) Transitional Workers.--
            ``(1) Eligibility for transitional worker status.--Any 
        alien who is physically present in the United States on the 
        date of introduction of the Immigration Reform Act of 2004 who 
        seeks to adjust status under this section but does not satisfy 
        the requirements of subparagraph (B) or (D) of subsection 
        (a)(1) shall be eligible--
                    ``(A) to apply for transitional worker status, 
                which shall have a duration period of not more than 3 
                years from the date of issuance of the transitional 
                worker card, without having to depart the United 
                States; and
                    ``(B) be granted employment authorization and 
                permission to travel abroad for a period of not more 
                than 3 years from the date of issuance of the 
                transitional worker card.
            ``(2) Document of authorization.--The Secretary of Homeland 
        Security shall issue each alien described in paragraph (1) with 
        a counterfeit-resistant document of authorization that meets 
        all requirements established by the Secretary of Homeland 
        Security for travel documents and reflects the benefits and 
        status set forth in paragraph (1)(B).
            ``(3) Security and law enforcement clearance.--Before an 
        alien described in paragraph (1) is granted employment 
        authorization or permission to travel abroad, such alien shall 
        be required to undergo a name check against existing databases 
        for information relating to criminal, security, and other law 
        enforcement actions. The relevant Federal agencies shall work 
        to ensure that such name checks are completed as expeditiously 
        as possible.
            ``(4) Eligibility for adjustment of status.--An alien shall 
        be eligible for adjustment of status to that of a lawful 
        permanent resident under this subsection if the alien--
                    ``(A) has applied for transitional worker status 
                under paragraph (1);
                    ``(B) is lawfully employed in the United States in 
                the aggregate for--
                            ``(i) more than 2 but less than 3 of the 5 
                        years immediately preceding the date on which 
the Immigration Reform Act of 2004 was introduced; and
                            ``(ii) at least 2 years following the date 
                        of enactment of that Act; and
                    ``(C) was present in the United States on and after 
                the date of introduction of that Act (without regard to 
                any brief, casual, and innocent departures from the 
                United States).
            ``(5) Exceptions.--The employment requirements in paragraph 
        (4)(B) shall not apply to an individual who is under 20 years 
        of age on the date on which the Immigration Reform Act of 2004 
        was introduced, and the employment requirement in paragraph 
        (4)(B)(ii) shall be reduced for an individual who cannot 
        demonstrate employment based on a physical or mental disability 
        or as a result of pregnancy.
            ``(6) Portability.--An alien shall not be required to 
        complete the employment requirements in paragraph (4) with the 
        same employer.
            ``(7) Adjustment of status.--An alien who meets the 
        requirements of paragraph (4) and applies for adjustment of 
        status to that of a lawful permanent resident under this 
        subsection shall be required to comply with the requirements of 
        subparagraphs (C), (E), (F), (G), and (H) of subsection (a)(1). 
        In adjudicating such an application, the Secretary of Homeland 
        Security shall determine the admissibility of the alien in 
        accordance with subsection (b).
            ``(8) Spouses and children.--
                    ``(A) Adjustment of status.--Notwithstanding any 
                other provision of law, the Secretary of Homeland 
                Security shall, if otherwise eligible under subsection 
                (b), adjust the status to that of a lawful permanent 
                resident or provide an immigrant visa to--
                            ``(i) the spouse or child of an alien who 
                        adjusts status or is eligible to adjust status 
                        to that of a lawful permanent resident under 
                        this subsection; or
                            ``(ii) an alien who was the spouse or child 
                        of an alien who adjusts status to that of a 
                        lawful permanent resident under this 
                        subsection, if--
                                    ``(I) the termination of the 
                                qualifying relationship was connected 
                                to domestic violence; or
                                    ``(II) the spouse or child has been 
                                battered or subjected to extreme 
                                cruelty by the spouse or parent who 
                                adjusts status to that of a lawful 
                                permanent resident under this 
                                subsection.
                    ``(B) Document of authorization.--The Secretary of 
                Homeland Security shall issue each alien described in 
                subparagraph (A) with a counterfeit-resistant document 
                of authorization that meets all requirements 
                established by the Secretary of Homeland Security for 
                travel documents and reflects the status set forth in 
                that subparagraph.
                    ``(C) Application of other law.--In acting on 
                applications filed under this subsection with respect 
                to aliens who have been battered or subjected to 
                extreme cruelty, the Secretary of Homeland Security 
                shall apply the provisions of section 204(a)(1)(J) and 
                the protections, prohibitions, and penalties under 
                section 384 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
            ``(9) Nonapplicability of numerical limitations.--When an 
        alien is granted legal permanent resident status under this 
        subsection, the number of immigrant visas authorized to be 
        issued under any provision of this Act shall not be reduced.
            ``(10) Termination of authority.--No action may be taken 
        under this subsection in the case of an alien who submits an 
        application for transitional worker status under paragraph (1) 
        more than 3 years after the date on which final regulations 
        implementing this section take effect.
    ``(o) Issuance of Regulations.--Not later than 120 days after the 
date of enactment of the Immigration Act of 2004, the Secretary of 
Homeland Security shall issue regulations to implement this section.''.
    (b) Table of Contents.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 245A the following:

``245B. Access to Earned Adjustment.''.

SEC. 302. CORRECTION OF SOCIAL SECURITY RECORDS.

    Section 208(d)(1) of the Social Security Act (42 U.S.C. 408(d)(1)) 
is amended--
            (1) in subparagraph (B), by striking ``or'' at the end of 
        clause (ii);
            (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.
                                 <all>