[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2326 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2326

       To provide for immigration reform, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2006

 Mr. Domenici introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
       To provide for immigration reform, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Welcoming 
Immigrants to a Secure Homeland Act of 2006'' or ``WISH Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                     TITLE I--IMPROVING ENFORCEMENT

       Subtitle A--Increased Enforcement Resources and Penalties

Sec. 101. Additional worksite enforcement and fraud detection agents.
Sec. 102. Penalties for unauthorized employment and false claims of 
                            citizenship.
Sec. 103. Penalties for misusing social security numbers or filing 
                            false information with the Social Security 
                            Administration.
             Subtitle B--Information Integrity and Security

Sec. 111. Social security cards.
Sec. 112. Electronic information.
Subtitle C--Mandatory Electronic Employment Verification of All Workers 
                          in the United States

Sec. 121. Employment eligibility verification system.
Sec. 122. Good faith compliance.
                  TITLE II--NONIMMIGRANT GUEST WORKERS

Sec. 201. Nonimmigrant guest worker category.
Sec. 202. Guest worker program.
Sec. 203. Special rule for Mexico.
Sec. 204. Statutory construction.
Sec. 205. Authorization of appropriations.
  TITLE III--NONIMMIGRANT GUEST WORKER STATUS FOR UNAUTHORIZED ALIENS

Sec. 301. Nonimmigrant guest worker status for unauthorized aliens.
Sec. 302. Statutory construction.
Sec. 303. Authorization of appropriations.
                 TITLE IV--EMPLOYMENT MANAGEMENT SYSTEM

Sec. 401. Employment management system.
Sec. 402. Labor investigations and penalties.
             TITLE V--PROTECTION AGAINST IMMIGRATION FRAUD

Sec. 501. Grants to support public education and training.
             TITLE VI--HIGHLY EDUCATED AND SKILLED WORKERS

Sec. 601. Removal of numerical limitations for nonimmigrants with 
                            advanced degrees.
Sec. 602. Aliens not subject to numerical limitations on employment-
                            based immigrants.
Sec. 603. Off-campus work authorization for foreign students.
Sec. 604. Temporary visas for graduating students.
Sec. 605. Travel authorization.
Sec. 606. Additional employees and technologies.
         TITLE VII--TRAVEL RESTRICTIONS FOR TEMPORARY VISITORS

Sec. 701. Travel restrictions.
               TITLE VIII--TEMPORARY AGRICULTURAL WORKERS

Sec. 801. Sense of the Senate on temporary agricultural workers.

                     TITLE I--IMPROVING ENFORCEMENT

       Subtitle A--Increased Enforcement Resources and Penalties

SEC. 101. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.

    (a) Worksite Enforcement.--During each of fiscal years 2007 through 
2011, the Secretary of Homeland Security shall, subject to the 
availability of appropriations for such purpose, increase by not less 
than 2,000 the number of positions for investigators dedicated to 
enforcing compliance with sections 274 and 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324 and 1324a) for such fiscal year.
    (b) Fraud Detection.--During each of fiscal years 2007 through 
2011, the Secretary of Homeland Security shall, subject to the 
availability of appropriations for such purpose, increase by not less 
than 1,000 the number of positions for Immigration Enforcement Agents 
dedicated to immigration fraud detection for such fiscal year.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2007 through 2011 such sums as 
may be necessary to carry out this section.

SEC. 102. PENALTIES FOR UNAUTHORIZED EMPLOYMENT AND FALSE CLAIMS OF 
              CITIZENSHIP.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in paragraphs (1)(A), (2), and (4) of subsection (a), 
        by striking ``knowing'' each place it appears and inserting 
        ``if the person or entity knows or should have known'';
            (2) in subsection (b)(2)--
                    (A) by striking ``The individual'' and inserting 
                the following:
                    ``(A) In general.--The individual''; and
                    (B) by adding at the end the following:
                    ``(B) Penalties.--Any individual who falsely 
                represents that the individual is a citizen or national 
                of the United States, an alien lawfully admitted for 
                permanent residence, or an alien who is authorized by 
                the Attorney General or by the Secretary of Homeland 
                Security to be hired, recruited, or referred for such 
                employment for purposes of obtaining employment shall, 
                for each such violation, be subject to a fine of not 
                more than $5,000 and a term of imprisonment not to 
                exceed 3 years.''; and
            (3) in subsection (f)(1), by striking ``$3,000'' and 
        inserting ``$5,000''.

SEC. 103. PENALTIES FOR MISUSING SOCIAL SECURITY NUMBERS OR FILING 
              FALSE INFORMATION WITH THE SOCIAL SECURITY 
              ADMINISTRATION.

    (a) Misuse of Social Security Numbers.--
            (1) In general.--Section 208(a) of the Social Security Act 
        (42 U.S.C. 408(a)) is amended--
                    (A) in paragraph (7), by adding after subparagraph 
                (C) the following:
                    ``(D) with intent to deceive, discloses, sells, or 
                transfers his own social security account number, 
                assigned to him by the Commissioner of Social Security 
                (in the exercise of the Commissioner's authority under 
                section 205(c)(2) to establish and maintain records), 
                to any person; or;'';
                    (B) in paragraph (8), by adding ``or'' at the end; 
                and
                    (C) by inserting after paragraph (8) the following:
            ``(9) without lawful authority, offers, for a fee, to 
        acquire for any individual, or to assist in acquiring for any 
        individual, an additional social security account number or a 
        number that purports to be a Social Security account number;''.
            (2) Effective dates.--Paragraphs (7)(D) and (9) of section 
        208(a) of the Social Security Act, as added by paragraph (1), 
        shall apply with respect to each violation occurring after the 
        date of the enactment of this Act.
    (b) Report on Enforcement Efforts Concerning Employers Filing False 
Information Returns.--The Commissioner of Internal Revenue and the 
Commissioner of Social Security shall submit an annual report to 
Congress on efforts taken to identify employers that file incorrect 
information returns and impose appropriate penalties on such employers.

             Subtitle B--Information Integrity and Security

SEC. 111. SOCIAL SECURITY CARDS.

    (a) Machine-Readable, Tamper-Resistant Cards.--
            (1) Issuance.--
                    (A) In general.--Not later than 3 months after the 
                date of the enactment of this Act, the Commissioner of 
                Social Security shall initiate a program to develop and 
                issue machine-readable, tamper-resistant social 
                security cards.
                    (B) Completion.--As soon as practicable after the 
                date of the enactment of this Act, the Commissioner of 
                Social Security shall--
                            (i) only issue machine-readable, tamper-
                        resistant social security cards; and
                            (ii) begin a program to replace existing 
                        social security cards with machine-readable, 
                        tamper-resistant social security cards.
            (2) Amendment.--Section 205(c)(2)(G) of the Social Security 
        Act (42 U.S.C. 405(c)(2)(G)) is amended--
                    (A) by inserting ``(i)'' after ``(G)''; and
                    (B) by striking ``The social security card shall be 
                made of banknote paper,'' and inserting the following:
                    ``(ii) The social security card shall be machine-
                readable and tamper-resistant;''.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection and the amendments made by paragraph (2).
    (b) Multiple Cards.--Section 205(c)(2)(G) of such Act, as amended 
by subsection (a)(2), is further amended by adding at the end the 
following:
                    ``(iii) The Commissioner of Social Security shall 
                not issue a replacement social security card to any 
                individual unless the Commissioner of Social Security 
                determines that the purpose for requiring the issuance 
                of the replacement document is legitimate.''.
    (c) Report on Incorporation of Biometric Identifiers.--Not later 
than 6 months after the date of the enactment of this Act, the 
Commissioner of Social Security, in cooperation with the Secretary of 
Homeland Security, shall submit to Congress a report on the viability 
of using biometric authentication with employment authorization 
documents.
    (d) Effective Date.--The amendments made by subsections (a)(2) and 
(b) shall take effect 1 year after the date of the enactment of this 
Act and shall only apply to social security cards issued after such 
date.

SEC. 112. ELECTRONIC INFORMATION.

    (a) Confidentiality.--
            (1) Access to database.--No officer or employee of any 
        agency or department of the United States, other than 
        individuals responsible for the enforcement of immigration laws 
        or for the evaluation of an employment verification program at 
        the Social Security Administration, the Department of Homeland 
        Security, or the Department of Labor, may have access to any 
        information contained in a database maintained pursuant to the 
        Employment Eligibility Verification System described in section 
        403 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (division C of Public Law 104-208; 8 
        U.S.C. 1324a note), as amended by section 121 of this Act.
            (2) Protection from unauthorized disclosure.--Information 
        contained in a database maintained pursuant to the Employment 
        Eligibility Verification System shall be adequately protected 
        against unauthorized disclosure for other purposes, as provided 
        in regulations established by the Commissioner of Social 
        Security, in consultation with the Secretary of Homeland 
        Security and the Secretary of Labor.
    (b) Improvements to Information Integrity.--
            (1) In general.--The Commissioner of Social Security shall 
        identify the sources of false, incorrect, or expired Social 
        Security numbers and take steps to eliminate such numbers from 
        the Social Security system.
            (2) Report.--Not later than 6 months after the date of the 
        enactment of this Act, the Commissioner of Social Security 
        shall submit to Congress a report that--
                    (A) identifies the sources of false, incorrect, or 
                expired Social Security numbers;
                    (B) describes the actions carried out by the 
                Commissioner to identify and eliminate the numbers 
                described in paragraph (1); and
                    (C) describes the actions that the Commissioner 
                plans to take to ensure the removal of the numbers 
                described in paragraph (1) from the Social Security 
                system during the 1-year period beginning on the date 
                that the report is submitted.

Subtitle C--Mandatory Electronic Employment Verification of All Workers 
                          in the United States

SEC. 121. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    (a) Renaming of Basic Pilot Program.--Subtitle A of title IV of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(division C of Public Law 104-208; 8 U.S.C. 1324a note) is amended--
            (1) in section 401(c)(1), by striking ``basic pilot 
        program'' and inserting ``Employment Eligibility Verification 
        System''; and
            (2) in section 403(a), by striking ``(a)'' and all that 
        follows through ``agrees to conform'' and insert the following:
    ``(a) Employment Eligibility Verification System.--A person or 
other entity that participates in the Employment Eligibility 
Verification System shall agree to conform''.
    (b) Mandatory Participation.--
            (1) Large employers.--Beginning not later than 2 years 
        after the date of the enactment of this Act and notwithstanding 
        any other provision of law, any person or other entity that 
        hires 50 or more individuals for employment in the United 
        States shall participate in the Employment Eligibility 
        Verification System described in section 403 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act, as amended 
        by subsection (a).
            (2) Midsized employers.--Beginning not later than 4 years 
        after the date of the enactment of this Act and notwithstanding 
        any other provision of law, any person or other entity that 
        hires 25 or more individuals for employment in the United 
        States shall participate in such Employment Eligibility 
        Verification System.
            (3) Small employers.--Beginning not later than 6 years 
        after the date of the enactment of this Act and notwithstanding 
        any other provision of law, any person or other entity that 
        hires 1 or more individuals for employment in the United States 
        shall participate in such Employment Eligibility Verification 
        System.
            (4) Participation of employers not subject to 
        requirement.--Nothing in this subsection shall be construed to 
        prevent any person or other entity that is not required to 
        participate in such Employment Eligibility Verification System 
        under this subsection from voluntarily participating in such 
        Employment Eligibility Verification System.
            (5) Conforming amendment.--Section 402(a) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (division C of Public Law 104-208; 8 U.S.C. 1324a note) is 
        amended in the second sentence by striking the comma after 
        ``(e)'' and inserting ``or section 121(b) of the Welcoming 
        Immigrants to a Secure Homeland Act of 2006,''.
    (c) Affordability of System.--The Secretary of Homeland Security 
shall work in cooperation with the Secretary of Labor and the 
Commissioner of Social Security to make such Employment Eligibility 
Verification System affordable to any person or entity that hires 
individuals for employment in the United States.
    (d) Electronic Filing.--Any employer participating in such 
Employment Eligibility Verification System may complete and allow for 
newly hired individuals to complete employment verification documents 
electronically.
    (e) Report on Improvement of Employment Eligibility Verification 
System.--Not later than 1 year after the date of the enactment of this 
Act, the Secretary of Homeland Security, in cooperation with the 
Secretary of Labor and the Commissioner of Social Security, shall 
submit to Congress a report on ways to improve such Employment 
Eligibility Verification System.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be required to carry out such Employment 
Eligibility Verification System in every State and to allow every 
employer in the United States to participate.

SEC. 122. GOOD FAITH COMPLIANCE.

    Any employer that complies with the requirements of this subtitle, 
the amendments made by this subtitle, and title IV of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) has established an affirmative defense that the employer 
has not violated the employment verification requirements under section 
274A of the Immigration and Nationality Act (8 U.S.C. 1324a).

                  TITLE II--NONIMMIGRANT GUEST WORKERS

SEC. 201. NONIMMIGRANT GUEST WORKER CATEGORY.

    (a) New Guest Worker Category.--Section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended by 
adding at the end the following:
                    ``(W) an alien having a residence in a foreign 
                country who is coming to the United States to perform 
                labor or service and who meets the requirements of 
                section 218A.''.
    (b) Technical Amendments.--Section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
            (1) in subparagraph (U)(iii), by striking ``or'' at the 
        end; and
            (2) in subparagraph (V)(ii)(II), by striking the period at 
        the end and inserting a semicolon and ``or''.

SEC. 202. GUEST WORKER PROGRAM.

    (a) In General.--Chapter 2 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after 
section 218 the following new section:

``SEC. 218A. GUEST WORKER PROGRAM.

    ``(a) In General.--The Secretary of Homeland Security may grant a 
temporary visa to a nonimmigrant described in section 101(a)(15)(W) who 
demonstrates an intent to perform labor or services in the United 
States and who meets the requirements of this section.
    ``(b) Requirements for Admission.--In order to be eligible for 
nonimmigrant status under section 101(a)(15)(W), an alien shall meet 
the following requirements:
            ``(1) Eligibility to work.--The alien shall establish that 
        the alien is capable of performing the labor or services 
        required for an occupation under section 101(a)(15)(W).
            ``(2) Evidence of employment.--The alien shall establish 
        that the alien has a job offer from an employer that utilizes 
        the Employment Management System described in section 218C.
            ``(3) Application fee.--The alien shall pay a $250 visa 
        issuance fee in addition to the cost of processing and 
        adjudicating such application. Nothing in this paragraph shall 
        be construed to affect consular procedures for charging 
        reciprocal fees.
            ``(4) Medical examination.--The alien shall undergo a 
        medical examination (including a determination of immunization 
        status) at the alien's expense, that conforms to generally 
        accepted standards of medical practice.
            ``(5) Application content and waiver.--
                    ``(A) Application form.--The Secretary of Homeland 
                Security shall create an application form that an alien 
                shall be required to complete as a condition of being 
                admitted as a nonimmigrant under section 101(a)(15)(W).
                    ``(B) Content.--In addition to any other 
                information that the Secretary determines is required 
                to determine an alien's eligibility for admission as a 
                nonimmigrant under section 101(a)(15)(W), the Secretary 
                shall require an alien to provide information 
                concerning the alien's criminal history and gang 
                membership, immigration history, and involvement with 
                groups or individuals that have engaged in terrorism, 
                genocide, persecution, or who seek the overthrow of the 
                Government of the United States.
                    ``(C) Waiver of rights.--
                            ``(i) Authority to request.--The Secretary 
                        may request that an alien include with the 
                        application a waiver of rights that states that 
                        the alien, in exchange for the discretionary 
                        benefit of admission as a nonimmigrant under 
                        section 101(a)(15)(W), agrees to waive any 
                        right--
                                    ``(I) to administrative or judicial 
                                review or appeal of an immigration 
                                officer's determination as to the 
                                alien's admissibility; or
                                    ``(II) to contest any removal 
                                action, other than on the basis of an 
                                application for asylum pursuant to the 
                                provisions contained in section 208 or 
                                241(b)(3), or under the Convention 
                                Against Torture and Other Cruel, 
                                Inhuman or Degrading Treatment or 
                                Punishment, done at New York December 
                                10, 1984, if such removal action is 
                                initiated after the termination of the 
                                alien's period of authorized admission 
                                as a nonimmigrant under section 
                                101(a)(15)(W).
                            ``(ii) Refusal to waive.--The Secretary may 
                        not refuse to grant nonimmigrant status under 
                        section 101(a)(15)(W) because an alien does not 
                        submit the waiver described in clause (i).
                    ``(D) Knowledge.--The Secretary of Homeland 
                Security shall require an alien to include with the 
                application a signed certification in which the alien 
                certifies that the alien has read and understood all of 
                the questions and statements on the application form, 
                and that the alien certifies under penalty of perjury 
                under the laws of the United States that the 
                application, and any evidence submitted with it, are 
                all true and correct, and that the applicant authorizes 
                the release of any information contained in the 
                application and any attached evidence for law 
                enforcement purposes.
    ``(c) Implementation and Application Time Periods.--The Secretary 
of Homeland Security shall ensure that the application process is 
secure and incorporates antifraud protection.
    ``(d) Admissibility.--
            ``(1) In general.--In determining an alien's admissibility 
        as a nonimmigrant under section 101(a)(15)(W)--
                    ``(A) the Secretary of Homeland Security may waive 
                paragraphs (5), (6)(A), (7), or (9)(B) or (C) of 
                section 212(a) for conduct that occurred on a date 
                prior to the date of the enactment of the Welcoming 
                Immigrants to a Secure Homeland Act of 2006;
                    ``(B) the Secretary of Homeland Security may not 
                waive--
                            ``(i) subparagraph (A), (B), (C), (E), (G), 
                        (H), or (I) of section 212(a)(2) (relating to 
                        criminals);
                            ``(ii) section 212(a)(3) (relating to 
                        security and related grounds); or
                            ``(iii) subparagraphs (A), (C), or (D) of 
                        section 212(a)(10) (relating to polygamists, 
                        child abductors, and illegal voters); and
                    ``(C) for conduct that occurred prior to the date 
                that the Welcoming Immigrants to a Secure Homeland Act 
                of 2006 was introduced in the Senate, the Secretary of 
                Homeland Security may waive the application of any 
                provision of section 212(a) not listed in subparagraph 
                (B) on behalf of an individual alien for humanitarian 
                purposes, to ensure family unity, or when such waiver 
                is otherwise in the public interest.
            ``(2) Construction.--No provision in paragraph (1) shall be 
        construed as affecting the authority of the Secretary of 
        Homeland Security to waive the provisions of section 212(a) 
        under any other provision of law.
            ``(3) Waiver fee.--An alien who is granted a waiver under 
        subparagraph (1) shall pay a $100 fee upon approval of the 
        alien's visa application.
            ``(4) Renewal of authorized admission and subsequent 
        admissions.--Notwithstanding paragraph (1), an alien seeking 
        renewal of authorized admission or subsequent admission as a 
        nonimmigrant under section 101(a)(15)(W) shall establish that 
        the alien is not inadmissible under section 212(a).
    ``(e) Background Checks.--The Secretary of Homeland Security shall 
not admit, and shall not issue a visa to, an alien seeking admission 
under section 101(a)(15)(W) until all appropriate background checks, 
including any that the Secretary, in the Secretary's discretion, may 
require, have been completed.
    ``(f) Duration.--
            ``(1) Initial admittance.--An alien may be admitted as a 
        nonimmigrant under section 101(a)(15)(W) for a period of 3 
        years.
            ``(2) Subsequent admittance.--
                    ``(A) Additional periods.--The period described in 
                paragraph (1) may be extended for 2 additional 3-year 
                periods if the alien establishes that the alien is 
                employed by an employer that utilizes the Employment 
                Management System described in section 218C.
                    ``(B) Renewal application.--An alien admitted as a 
                nonimmigrant under section 101(a)(15)(W) who is seeking 
                an additional period of admittance shall submit a 
                renewal application no more than 90 days and no less 
                than 45 days before the end of the alien's 3-year 
                period of admissibility under such section. Such 
                application shall include evidence of the alien's 
                employment with an employer that utilizes the 
                Employment Management System described in section 218C.
                    ``(C) Fee.--An alien shall submit a fee of $100 
                along with the renewal application described in 
                subparagraph (B).
            ``(3) Requirement to return home.--Unless an alien is 
        granted a change of status pursuant to section 245 (as 
        described in subsection (l)), an alien admitted as a 
        nonimmigrant under section 101(a)(15)(W) shall, upon the 
        expiration of a period of authorized admittance, leave the 
        United States and be ineligible to reenter as an alien under 
        section 101(a)(15)(W) or receive any other immigration relief 
        or benefit under this Act or any other law, with the exception 
        of section 208 or 241(b)(3) or the Convention Against Torture 
        and Other Cruel, Inhuman or Degrading Treatment or Punishment, 
        done at New York December 10, 1984, until the alien has resided 
        continuously in the alien's home country for a period of not 
        less than 3 years.
    ``(g) Standards for Documentation.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        ensure that the documents issued to provide evidence of 
        nonimmigrant status under section 101(a)(15)(W) are machine-
        readable and tamper-resistant, and allow for biometric 
        authentication. The Secretary of Homeland Security is 
        authorized to incorporate integrated-circuit technology into 
        such documents.
            ``(2) Consultation.--The Secretary of Homeland Security 
        shall consult with the head of the Forensic Document Laboratory 
        and such other Federal agencies as may be appropriate in 
        designing the document.
            ``(3) Use of documentation.--The document may serve as a 
        travel, entry, and work authorization document during the 
        period that the document is valid.
    ``(h) Failure to Depart.--
            ``(1) Inadmissibility for failure to depart.--Subject to 
        paragraph (2), an alien admitted as a nonimmigrant under 
        section 101(a)(15)(W) who fails to depart the United States 
        prior to the date that is 10 days after the date that the 
        alien's authorized period of admission under this section ends 
        is not eligible for and may not receive any immigration relief 
        or benefit under this Act or any other law for a period of 10 
        years.
            ``(2) Exception.--The prohibition in paragraph (1) may not 
        be applied to prohibit the admission of an alien under section 
        208 or 241(b)(3), or the Convention Against Torture and Other 
        Cruel, Inhuman or Degrading Treatment or Punishment, done at 
        New York December 10, 1984.
    ``(i) Family Members.--
            ``(1) In general.--The spouse or child of an alien admitted 
        as a nonimmigrant under section 101(a)(15)(W) may be admitted 
        to the United States--
                    ``(A) as a nonimmigrant for the same amount of 
                time, and on the same terms and conditions, as the 
                alien admitted as a nonimmigrant under section 
                101(a)(15)(W); or
                    ``(B) under any other provision of law, if such 
                family member is otherwise eligible for admission.
            ``(2) Application fee.--The spouse or child of an alien 
        admitted as a nonimmigrant under section 101(a)(15)(W) who is 
        seeking to be admitted pursuant to this subsection shall 
        submit, in addition to any other fee authorized by law, an 
        additional fee of $100.
    ``(j) Travel Outside the United States.--
            ``(1) In general.--An alien admitted as a nonimmigrant 
        under section 101(a)(15)(W) and the spouse or child of such 
        alien admitted pursuant to subsection (i)--
                    ``(A) may travel outside of the United States; and
                    ``(B) may be readmitted to the United States 
                without having to obtain a new visa if the period of 
                authorized admission under section 101(a)(15)(W) has 
                not expired.
            ``(2) Effect on period of authorized admission.--Time spent 
        outside the United States under paragraph (1) may not extend 
        the period of authorized admission in the United States 
        permitted for an alien admitted under section 101(a)(15)(W) or 
        for the spouse or child of such alien admitted under subsection 
        (i).
    ``(k) Employment.--
            ``(1) Portability.--An alien admitted as a nonimmigrant 
        under section 101(a)(15)(W) may be employed by any United 
        States employer that utilizes the Employment Management System 
        described in section 218C.
            ``(2) Continuous employment.--
                    ``(A) Requirement for employment.--An alien 
                admitted under section 101(a)(15)(W) shall be employed 
                while in the United States. An alien who fails to be 
                employed for 30 consecutive days is ineligible for 
                employment in the United States unless the alien 
                departs the United States and thereafter provides 
                evidence of an offer of employment with any United 
                States employer that utilizes the Employment Management 
                System described in section 218C.
                    ``(B) Waiver.--The Secretary of Homeland Security 
                may, in the Secretary's sole and unreviewable 
                discretion, waive the application of subparagraph (A) 
                for an alien and authorize the alien for employment 
                without requiring the alien to depart the United 
                States.
    ``(l) Adjustment of Status to Lawful Permanent Resident.--
            ``(1) Eligibility.--An alien admitted as a nonimmigrant 
        under section 101(a)(15)(W) shall be eligible for an adjustment 
        of status pursuant to section 245 after such alien has 
        completed a period of employment in the United States of not 
        less than 6 years.
            ``(2) Family eligibility.--The spouse or child of an alien 
        granted an adjustment of status as described in paragraph (1) 
        shall be eligible as a derivative beneficiary for adjustment of 
        status.
    ``(m) Numerical Limit.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        of Homeland Security may not admit more than 500,000 aliens as 
        nonimmigrants pursuant to section 101(a)(15)(W) during a fiscal 
        year.
            ``(2) Authority to increase limitation.--The Secretary of 
        Homeland Security may waive the numerical limitation described 
        in paragraph (1) for a fiscal year if the Secretary determines 
        that businesses in the United States would benefit from such 
        waiver.''.
    (b) Initial Receipt of Applications.--The Secretary of Homeland 
Security shall begin accepting applications for nonimmigrant status 
under section 101(a)(15)(W) of the Immigration and Nationality Act, as 
added by section 201, not later than 6 months after the date of the 
enactment of this Act.
    (c) Conforming Amendment.--Section 248(1) of the Immigration and 
Nationality Act (8 U.S.C. 1258(1)) is amended by striking ``or (S)'' 
and inserting ``(S), or (W)''.

SEC. 203. SPECIAL RULE FOR MEXICO.

    (a) In General.--No alien who is a citizen or national of Mexico 
shall be eligible for status as a nonimmigrant under section 
101(a)(15)(W) of the Immigration and Nationality Act, as added by 
section 201, a change of status under section 218B of the Immigration 
and Nationality Act, as added by section 301, an exemption from 
numerical limitations under section 201(b)(1)(F) of the Immigration and 
Nationality Act, as added by section 602, or for an immigration benefit 
described in section 603, 604, or 605 until the date that Government of 
Mexico enters into a bilateral agreement with the Government of the 
United States, as described in subsection (b).
    (b) Requirements for Bilateral Agreement.--The bilateral agreement 
referred to in subsection (a) shall require the Government of Mexico--
            (1) to accept the return of a citizen or national of Mexico 
        who is ordered removed from the United States not later than 5 
        days after such order is issued;
            (2) to cooperate with the Government of the United States--
                    (A) to identify, track, and reduce--
                            (i) gang membership and violence in the 
                        United States and Mexico;
                            (ii) human trafficking and smuggling 
                        between the United States and Mexico; and
                            (iii) drug trafficking and smuggling 
                        between the United States and Mexico; and
                    (B) to control illegal immigration from Mexico into 
                the United States;
            (3) to provide the Government of the United States with--
                    (A) the passport information and criminal record of 
                any citizen or national of Mexico who is seeking 
                admission to the United States or is present in the 
                United States; and
                    (B) admission and entry data maintained by the 
                Government of Mexico to facilitate the entry-exit data 
                systems maintained by the United States; and
            (4) to carry out activities to educate citizens and 
        nationals of Mexico regarding eligibility for status as a 
        nonimmigrant under section 101(a)(15)(W) of the Immigration and 
        Nationality Act, as added by section 201, or a change of status 
        under section 218B of the Immigration and Nationality Act, as 
        added by section 301 of this Act, to ensure that such citizens 
        and nationals are not exploited while working in the United 
        States.
    (c) Annual Report.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary of 
Homeland Security shall submit to Congress a report on the bilateral 
agreement described in this section and the activities of the 
Government of Mexico to carry out such agreement.

SEC. 204. STATUTORY CONSTRUCTION.

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

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary for facilities, personnel (including consular officers), 
training, technology and processing necessary to carry out the 
amendments made by this title.

  TITLE III--NONIMMIGRANT GUEST WORKER STATUS FOR UNAUTHORIZED ALIENS

SEC. 301. NONIMMIGRANT GUEST WORKER STATUS FOR UNAUTHORIZED ALIENS.

    (a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after section 218A, as added by 
section 202, the following new section:

``SEC. 218B. CHANGE OF STATUS OF UNAUTHORIZED ALIENS.

    ``(a) In General.--The Secretary of Homeland Security shall grant 
nonimmigrant status under section 101(a)(15)(W) to an alien who is in 
the United States illegally if such alien meets the requirements of 
this section.
    ``(b) General Requirements.--An alien may be eligible for a change 
of status under this section if the alien meets the following 
requirements:
            ``(1) Presence.--An alien must establish that the alien was 
        physically present in the United States prior to the date of 
        introduction of the Welcoming Immigrants to a Secure Homeland 
        Act of 2006 in the Senate and was not legally present in the 
        United States under any classification set forth in section 
        101(a)(15) on that date.
            ``(2) Employment.--An alien must establish that the alien 
        was employed in the United States prior to the date of 
        introduction of such Act in the Senate, and has not been 
        unemployed in the United States for 30 or more consecutive days 
        since that date.
            ``(3) Medical examination.--An alien shall, at the alien's 
        expense, undergo a medical examination (including a 
        determination of immunization status) that conforms to 
        generally accepted professional standards of medical practice.
    ``(c) Application Content and Waiver.--
            ``(1) Application form.--The Secretary of Homeland Security 
        shall create an application form that an alien shall be 
        required to complete as a condition of obtaining a change of 
        status under this section.
            ``(2) Content.--In addition to any other information that 
        the Secretary determines is required to determine an alien's 
        eligibility for a change of status under this section, the 
        Secretary shall require that the alien--
                    ``(A) provide answers to questions concerning the 
                alien's criminal history and gang membership, 
                immigration history, and involvement with groups or 
                individuals that have engaged in terrorism, genocide, 
                persecution, or who seek the overthrow of the 
                Government of the United States;
                    ``(B) provide any Social Security account number or 
                card in the possession of the alien or relied upon by 
                the alien; and
                    ``(C) provide any false or fraudulent documents in 
                the alien's possession.
            ``(3) Waiver of rights.--
                    ``(A) Authority to request.--The Secretary may 
                request that an alien include with the application a 
                waiver of rights that states that the alien, in 
                exchange for the discretionary benefit of obtaining a 
                change of status under this section, agrees to waive 
                any right--
                            ``(i) to administrative or judicial review 
                        or appeal of an immigration officer's 
                        determination as to the alien's admissibility; 
                        or
                            ``(ii) to contest any removal action, other 
                        than on the basis of an application for asylum 
                        pursuant to the provisions contained in section 
                        208 or 241(b)(3), or under the Convention 
                        Against Torture and Other Cruel, Inhuman or 
                        Degrading Treatment or Punishment, done at New 
                        York December 10, 1984, if such removal action 
                        is initiated after the termination of the 
                        alien's period of authorized admission as a 
                        nonimmigrant under section 101(a)(15)(W).
                    ``(B) Refusal to waive.--The Secretary may not 
                refuse to grant nonimmigrant status under section 
                101(a)(15)(W) because an alien does not submit the 
                waiver described in subparagraph (A).
                    ``(C) Knowledge.--The Secretary of Homeland 
                Security shall require an alien to include with the 
                application a signed certification in which the alien 
                certifies that the alien has read and understood all of 
                the questions, statements, and terms of the application 
                form, and that the alien certifies under penalty of 
                perjury under the laws of the United States that the 
                application, and any evidence submitted with it, are 
                all true and correct, and that the applicant authorizes 
                the release of any information contained in the 
                application and any attached evidence for law 
                enforcement purposes.
            ``(4) Application fee and fines.--
                    ``(A) Requirement to pay.--An alien applying for a 
                change of status under this section shall pay--
                            ``(i) a $250 visa issuance fee in addition 
                        to the cost of processing and adjudicating such 
                        application; and
                            ``(ii) a fine of $1000.
                    ``(B) Construction.--Nothing in this paragraph 
                shall be construed to affect consular procedures for 
                charging reciprocal fees.
    ``(d) Admissibility.--
            ``(1) In general.--In determining an alien's eligibility 
        for a change of status under this section--
                    ``(A) the alien shall establish that the alien--
                            ``(i) except as provided as in subparagraph 
                        (B), is admissible to the United States; and
                            ``(ii) has not assisted in the persecution 
                        of any person or persons on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion;
                    ``(B) paragraphs (5), (6)(A), and (7) of section 
                212(a) shall not apply to the admissibility of such 
                alien;
                    ``(C) the Secretary of Homeland Security may waive 
                any other provision of section 212(a), or a ground of 
                ineligibility under paragraph (4), in the case of 
                individual aliens for humanitarian purposes, to assure 
                family unity, or when it is otherwise in the public 
                interest.
            ``(2) Waiver fee.--An alien who is granted a waiver under 
        subparagraph (C) shall pay a $100 fee upon approval of the 
        alien's visa application.
    ``(e) Ineligible.--An alien is ineligible for the change of status 
provided by this section if the alien--
            ``(1) is subject to a final order or removal under section 
        240;
            ``(2) failed to depart the United States during the period 
        of a voluntary departure order under section 240B;
            ``(3) has been issued a Notice to Appear under section 239, 
        unless the sole acts of conduct alleged to be in violation of 
        the law are that the alien is removable under section 
        237(a)(1)(C) or is inadmissible under section 212(a)(6)(A);
            ``(4) fails to comply with any request for information made 
        by the Secretary of Homeland Security;
            ``(5) commits an act that makes the alien removable from 
        the United States.
    ``(f) Implementation and Application Time Periods.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        ensure that the application process for an adjustment of status 
        under this section is secure and incorporates antifraud 
        protection.
            ``(2) Application.--An alien must submit an initial 
        application for a change of status under this section not later 
        than 3 years after the date of the enactment of the Welcoming 
        Immigrants to a Secure Homeland Act of 2006. An alien that 
        fails to comply with this requirement is ineligible for a 
        change of status under this section.
            ``(3) Completion of processing.--The Secretary of Homeland 
        Security shall ensure that all applications for a change of 
        status under this section are processed not later than 3 years 
        after the date of the application.
            ``(4) Location.--An alien applying for a change of status 
        under this section need not depart the United States in order 
        to apply for such a change of status.
    ``(g) Failure to Act.--An alien unlawfully in the United States who 
fails to apply for a change of status pursuant to this section or fails 
to depart from the United States prior to the date that is 6 years 
after the date of the enactment of the Welcoming Immigrants to a Secure 
Homeland Act of 2006 is not eligible and may not apply for or receive 
any immigration relief or benefit under this Act or any other law, with 
the exception of section 208 or 241(b)(3) or the Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 
done at New York December 10, 1984.
    ``(h) Security and Law Enforcement Background Checks.--
            ``(1) Biometric data.--An alien may not be granted a change 
        of status under this section unless the alien submits biometric 
        data in accordance with procedures established by the Secretary 
        of Homeland Security.
            ``(2) Background checks.--The Secretary of Homeland 
        Security may not grant a change of status under this section 
        until all appropriate background checks, including any that the 
        Secretary, in the Secretary's discretion may require, are 
        completed to the satisfaction of the Secretary of Homeland 
        Security.
    ``(i) Duration, Extension, and Reentry.--
            ``(1) Duration and extension.--The period of authorized 
        admission for an alien granted a change of status under this 
        section shall be 3 years, and may be extended for 2 additional 
        3-year periods if the alien establishes that the alien has a 
        job with an employer that utilizes the Employment Management 
        System described in section 218C.
            ``(2) Application for extension.--
                    ``(A) In general.--An alien granted a change of 
                status for a 3-year period under this section who is 
                seeking an extension of such status shall submit an 
                application for such extension no more than 90 days and 
                no less than 45 days before the end of such 3-year 
                period. The application shall provide evidence of 
                employment with an employer that utilizes the 
                Employment Management System described in section 218C.
                    ``(B) Fee.--An alien who submits an application for 
                an extension described in subparagraph (A), shall pay a 
                $100 fee with such application.
            ``(3) Reentry.--Unless an alien is granted a change of 
        status or adjustment of status pursuant to subsection (n), an 
        alien granted a change of status pursuant to this section 
        shall, upon the expiration of the time period for authorized 
        admission under this section, leave the United States and be 
        ineligible to reenter the United States as a nonimmigrant under 
        section 101(a)(15)(W), or receive any other immigration relief 
        or benefit under this Act or any other law, with the exception 
        of section 208 or 241(b)(3) or the Convention Against Torture 
        and Other Cruel, Inhuman or Degrading Treatment or Punishment, 
        done at New York December 10, 1984, until the alien has resided 
        continuously in the alien's home country for a period of not 
        less than 3 years.
    ``(j) Standards for Documentation.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        ensure that the document issued to provide evidence of status 
        under this section shall be machine-readable, tamper-resistant, 
        and allow for biometric authentication. The Secretary of 
        Homeland Security is authorized to incorporate integrated-
        circuit technology into the document.
            ``(2) Consultation.--The Secretary of Homeland Security 
        shall consult with the head of the Forensic Document Laboratory 
        and such other Federal agencies as may be appropriate in 
        designing the document.
            ``(3) Use of document.--The document may serve as a travel, 
        entry, and work authorization document during the period of its 
        validity.
    ``(k) Failure to Depart.--
            ``(1) Inadmissability for failure to depart.--Subject to 
        paragraph (2), an alien who fails to depart the United States 
        prior to the date that is 10 days after the date that the 
        alien's authorized period of admission under this section ends 
        is not eligible for and may not apply for or receive any 
        immigration relief or benefit under this Act or any other law 
        for a period of 10 years.
            ``(2) Exception.--The prohibition in paragraph (1) may not 
        be applied to prohibit the admission of an alien under section 
        208 or 241(b)(3) of the Convention Against Torture and Other 
        Cruel, Inhuman or Degrading Treatment or Punishment, done at 
        New York, December 10, 1984.
    ``(l) Travel Outside the United States.--
            ``(1) In general.--An alien granted a change of status 
        under this section and the spouse or child of such alien 
        admitted pursuant to subsection (o)--
                    ``(A) may travel outside of the United States; and
                    ``(B) may be readmitted without having to obtain a 
                new visa if the period of authorized admission under 
                this section has not expired.
            ``(2) Effect on period of authorized admission.--Time spent 
        outside the United States under paragraph (1) may not extend 
        the period of authorized admission in the United States 
        permitted for an alien under this section or for the spouse or 
        child of such alien admitted under subsection (o).
    ``(m) Employment.--
            ``(1) In general.--An alien granted a change of status 
        under this section shall be employed by an employer that 
        utilizes the Employment Management System described in section 
        218C not more than 3 months after the date the alien applies 
        for a change of status under this section.
            ``(2) Liability for penalties or fees.--The employer of an 
        alien granted a change of status under this section shall not 
        be liable for any civil or criminal penalties or fees for 
        hiring the alien prior to such change of status if the employer 
        begins to utilize such Employment Management System pursuant to 
        this subsection.
            ``(3) Portability.--An alien may be employed by any other 
        United States employer who utilizes the Employment Management 
        System established by section 218C.
            ``(4) Continuous employment.--
                    ``(A) Requirement for employment.--An alien granted 
                a change of status under this section who fails to be 
                employed for 30 consecutive days is ineligible for 
                reentry or employment in the United States unless the 
                alien departs the United States and is admitted for 
                reentry under a provision of this Act or any other 
                provision of law.
                    ``(B) Waiver.--The Secretary of Homeland Security 
                may, in the Secretary's sole and unreviewable 
                discretion, waive the application of subparagraph (A) 
                for an alien and authorize the alien for employment 
                without requiring the alien to depart the United 
                States.
    ``(n) Limitation on Change of Status or Adjustment of Status.--
            ``(1) In general.--An alien described in paragraph (2) may 
        apply for a visa, an adjustment of status, or other immigration 
        benefit, other than for adjustment of status to lawful 
        permanent resident, after the alien has resided lawfully in the 
        United States pursuant to a change of status granted as 
        described in this section for a period of not less than 5 
        years, but such application shall not be granted until the 
        alien has returned to the alien's home country.
            ``(2) Requirements to apply.--An alien described in this 
        paragraph is an alien who--
                    ``(A) has been granted a change of status under 
                this section; and
                    ``(B) during the 5-year period ending on the date 
                of the enactment of the Welcoming Immigrants to a 
                Secure Homeland Act of 2006--
                            ``(i) was physically present in the United 
                        States; and
                            ``(ii) unemployed for no more than 30 
                        consecutive days.
    ``(o) Family Members.--
            ``(1) In general.--The spouse or child of an alien admitted 
        as a nonimmigrant under this section may be admitted to the 
        United States--
                    ``(A) as a nonimmigrant for the same amount of 
                time, and on the same terms and conditions, as the 
                alien granted a change of status under this section; or
                    ``(B) under any other provision of law, if such 
                family member is otherwise eligible for admission.
            ``(2) Application fee.--The spouse or child of an alien 
        admitted under this section who is seeking to be admitted 
        pursuant to this subsection shall submit, in addition to any 
        other fee authorized by law, an additional fee of $100.
    ``(p) Numerical Limit.--There shall be no numerical limitation on 
the number of aliens granted a change of status under this section.
    ``(q) Penalties for False Statements.--
            ``(1) Criminal penalty.--
                    ``(A) Violation.--It shall be unlawful for any 
                person--
                            ``(i) to file or assist in filing an 
                        application for a change of status under this 
                        section and knowingly or willfully falsify, 
                        misrepresent, conceal, or cover up a material 
                        fact or make any false, fictitious, or 
                        fraudulent statements or representations, or 
                        make or use any false writing or document 
                        knowing the same to contain any false, 
                        fictitious, or fraudulent statement or entry; 
                        or
                            ``(ii) to create or supply a false writing 
                        or document for use in making such an 
                        application.
                    ``(B) Penalty.--Any person who violates 
                subparagraph (A) shall be fined in accordance with 
                title 18, United States Code, imprisoned not more than 
                5 years, or both.
            ``(2) Inadmissibility.--An alien who is convicted of a 
        crime under paragraph (1) shall be considered to be 
        inadmissible to the United States on the ground described in 
        section 212(a)(6)(C)(i).''.
    (b) Initial Receipt of Applications.--The Secretary of Homeland 
Security shall begin accepting applications for a change of status 
under section 218B of the Immigration and Nationality Act, as added by 
subsection (a), not later than 6 months after the date of the enactment 
of this Act.

SEC. 302. STATUTORY CONSTRUCTION.

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

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary for facilities, personnel (including consular officers), 
training, technology, and processing necessary to carry out the 
amendments made by this title.

                 TITLE IV--EMPLOYMENT MANAGEMENT SYSTEM

SEC. 401. EMPLOYMENT MANAGEMENT SYSTEM.

    The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by inserting after section 218B, as added by section 301, the 
following new section:

``SEC. 218C. EMPLOYMENT MANAGEMENT SYSTEM.

    ``(a) Establishment.--
            ``(1) Purpose.--The Secretary of Homeland Security, in 
        consultation with the Secretary of Labor, the Secretary of 
        State, and the Commissioner of Social Security, shall develop 
        and implement a program to authorize, manage, and track the 
        employment of aliens described in section 218A or 218B.
            ``(2) Schedule.--The program required by subsection (a) 
        shall commence prior to any alien being admitted as a 
        nonimmigrant under section 101(a)(15)(W) pursuant to section 
        218A or granted a change of status under section 218B.
            ``(3) Requirements.--The program required by this 
        subsection shall--
                    ``(A) enable an employer seeking to hire an alien 
                described in section 218A or 218B to apply for 
                authorization to employ such alien;
                    ``(B) be interoperable with Social Security 
                databases and shall provide a means of immediately 
                verifying the identity and employment authorization of 
                an alien described in section 218A or 218B;
                    ``(C) require an employer to utilize readers, 
                scanners, or other affordable technology at the 
                location of employment or at a nearby Federal facility 
                to transmit the biometric and biographic information 
                contained in the alien's evidence of status to the 
                Secretary of Homeland Security;
                    ``(D) require an employer that employs an alien 
                described in section 218A or 218B to notify the 
                Secretary not more than 5 business days after the date 
                of the termination of the alien's employment and 
                prohibit such an employer from hiring another such 
                alien for such employment until the employer provides 
                such notice; and
                    ``(E) collects sufficient information from 
                employers to enable the Secretary of Homeland Security 
                to identify--
                            ``(i) whether an alien described in section 
                        218A or 218B is employed;
                            ``(ii) an employer who has hired an alien 
                        described in section 218A or 218B;
                            ``(iii) the number of aliens described in 
                        section 218A or 218B that are employed by an 
                        employer; and
                            ``(iv) the occupation, industry and length 
                        of time that an alien described in section 218A 
                        or 218B has been employed in the United States.
    ``(b) Application to Employ Aliens Described in Section 218A or 
218B.--
            ``(1) Requirement for application.--An employer shall 
        submit to the Secretary of Homeland Security an application to 
        request an authorization to employ aliens described in section 
        218A or 218B. Such application shall--
                    ``(A) establish that such aliens will be employed 
                by a legitimate company;
                    ``(B) include an attestation that the employer will 
                comply with the terms of the program required by 
                subsection (a) and with all other applicable Federal, 
                State, and local laws and regulations, including 
                provisions to protect employees; and
                    ``(C) include the number of such aliens the 
                employer is seeking to employ.
            ``(2) Form of application.--The Secretary shall permit an 
        employer to submit the application described in paragraph (1) 
        in a written or electronic form.
    ``(c) Protection of United States Workers.--An employer may not 
hire an alien described in section 218A or 218B for a vacancy unless 
the employer submits an attestation to the Secretary of Homeland 
Security that--
            ``(1) the employer has advertised the position in a 
        national, electronic job registry maintained by the Secretary 
        of Labor for not less than 30 days;
            ``(2) the employer has offered the position to any eligible 
        United States worker who applies and is equally or better 
        qualified for the vacancy for which such an alien is sought and 
        who will be available at the time and place of need, and the 
        employer will maintain records for not less than 1 year that 
        describe the reason that a United States worker who applied for 
        such vacancy was not hired;
            ``(3) the employer shall comply with the terms of the 
        program required by subsection (a), including the terms of any 
        temporary worker monitoring program established by the 
        Secretary of Homeland Security;
            ``(4) an alien hired for the vacancy shall be paid not less 
        than the greater of--
                    ``(A) the hourly wage prescribed under section 
                6(a)(1) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 206(a)(1)); or
                    ``(B) the applicable State minimum wage;
            ``(5) the employer will pay such alien in a timely manner 
        and accurately maintain all payroll records for such alien; and
            ``(6) the employment of such alien shall not adversely 
        affect the working conditions of other similarly employed 
        United States workers.
    ``(d) Approval.--After determining that there are no United States 
workers who are qualified and willing to obtain the employment for 
which the employer is seeking an alien described in section 218A or 
218B, the Secretary of Homeland Security may approve the application 
submitted by the employer under subsection (b). Such approval shall be 
valid for a 10-year period unless the employer violates a term of this 
section, in which case the Secretary may, in the discretion of the 
Secretary, revoke the approval.
    ``(e) Penalties.--An employer who employs an alien described in 
section 218A or 218B without obtaining authorization from the Secretary 
of Homeland Security pursuant to this section is subject to--
            ``(1) the same penalties and provisions as an employer who 
        violates paragraph (1)(A) or (2) of section 274(a); and
            ``(2) any penalties prescribed by the Secretary of Homeland 
        Security by regulation, which may include monetary penalties 
        and ineligibility to employ an alien described in section 218A 
        or 218B.''.

SEC. 402. LABOR INVESTIGATIONS AND PENALTIES.

    (a) In General.--The Secretary of Homeland Security, in cooperation 
with the Secretary of Labor, shall conduct random audits of employers 
who employ aliens described under section 218A or 218B of the 
Immigration and Nationality Act, as added by section 202 and 301, 
respectively.
    (b) Penalties.--The Secretary of Homeland Security shall establish 
penalties, which may include ineligibility to employ an alien described 
in section 218A or 218B of the Immigration and Nationality Act, as 
added by section 202 and 301, respectively, for employers who fail to 
comply with section 218C of such Act, as added by section 401 of this 
Act, and shall establish protections for aliens who report employers 
who fail to comply with such section 218C.

             TITLE V--PROTECTION AGAINST IMMIGRATION FRAUD

SEC. 501. GRANTS TO SUPPORT PUBLIC EDUCATION AND TRAINING.

    (a) Purpose.--The purpose of this title is to provide grants to 
nonprofit entities, immigrant communities, and other interested 
entities to provide education and training to appropriate individuals 
regarding the changes to immigration law made by this Act, and the 
amendments made by this Act, and to provide support to such entities.
    (b) Authority.--The head of the Office of Justice Programs of the 
Department of Justice is authorized to award grants to nonprofit 
entities, immigrant communities, and other interested entities for the 
purposes described in subsection (c).
    (c) Use of Grants.--The grants awarded under this section shall be 
used to fund public education, training, technical assistance, 
government liaisons, and related costs (including personnel and 
equipment) incurred by nonprofit entities that provide services to 
aliens who may be effected by the changes in immigration law made by 
this Act, and the amendments made by this Act, and to educate, train 
and support nonprofit organizations, immigrant communities, and other 
interested parties regarding such changes. Such grants shall be used 
for educating--
            (1) immigrant communities and other interested entities on 
        the individuals and organizations that can provide authorized 
        legal representation in immigration matters under regulations 
        prescribed by the Secretary of Homeland Security, and on the 
        dangers of securing legal advice and assistance from a person 
        who is not authorized to provide legal representation in 
        immigration matters;
            (2) interested entities on the requirements for obtaining 
        nonprofit recognition and accreditation to represent immigrants 
        under regulations prescribed by the Secretary of Homeland 
        Security, and providing nonprofit agencies with training and 
        technical assistance on the recognition and accreditation 
        process; and
            (3) nonprofit organizations, immigrant communities and 
        other interested entities on the process for obtaining benefits 
        under this Act, and the amendments made by this Act, and the 
        availability of authorized legal representation for low-income 
        persons who may qualify for benefits under this Act.
    (d) In General.--The head of the Office of Justice Programs shall 
ensure, to the extent possible, that the entities awarded grants under 
this section shall serve geographically diverse locations and 
ethnically diverse populations who may qualify for benefits under the 
Act or the amendments made by this Act.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office of Justice Programs at the Department of 
Justice $10,000,000 to carry out this section for each of fiscal years 
2007 through 2011.

             TITLE VI--HIGHLY EDUCATED AND SKILLED WORKERS

SEC. 601. REMOVAL OF NUMERICAL LIMITATIONS FOR NONIMMIGRANTS WITH 
              ADVANCED DEGREES.

    (a) In General.--Section 214(g)(5)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(5)(C)) is amended by striking ``, 
until the number of aliens who are exempted from such numerical 
limitation during such year exceeds 20,000''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to an alien who--
            (1) has submitted an application for a visa that is pending 
        on the date of the enactment of this Act; or
            (2) files such an application on or after such date.

SEC. 602. ALIENS NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-
              BASED IMMIGRANTS.

    (a) In General.--Section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end 
the following:
                    ``(F) Aliens who have earned an advanced degree in 
                science, technology, engineering, or math from an 
                accredited university in the United States and have 
                been working in a related field in the United States 
                under a nonimmigrant visa during the 3-year period 
                preceding their application for an immigrant visa under 
                section 203(b).
                    ``(G) Aliens described in subparagraph (A) or (B) 
                of section 203(b)(1) or who have received a national 
                interest waiver under section 203(b)(2)(B).
                    ``(H) The spouse and child of an alien who is 
                admitted as an employment-based immigrant under section 
                203(b).''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to an alien who--
            (1) has submitted an application for a visa that is pending 
        on the date of the enactment of this Act; or
            (2) files such an application on or after such date.

SEC. 603. OFF-CAMPUS WORK AUTHORIZATION FOR FOREIGN STUDENTS.

    (a) In General.--Aliens admitted as nonimmigrant students described 
in section 101(a)(15)(F) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position 
unrelated to the alien's field of study if--
            (1) the alien has enrolled full time at the educational 
        institution and is maintaining good academic standing;
            (2) the employer provides the educational institution and 
        the Secretary of Labor with an attestation that the employer--
                    (A) has attempted to recruit a citizen of the 
                United States to fill such position for a period of not 
                less than 3 months recruiting United States; and
                    (B) will pay the alien and other similarly situated 
                workers at a rate equal to not less than the greater 
                of--
                            (i) the actual wage level for the 
                        occupation at the place of employment; or
                            (ii) the prevailing wage level for the 
                        occupation in the area of employment; and
            (3) the alien will not be employed more than--
                    (A) 20 hours per week during the academic term; or
                    (B) 40 hours per week during vacation periods and 
                between academic terms.
    (b) Disqualification.--If the Secretary of Labor determines that an 
employer has provided an attestation under subsection (a)(2) that is 
materially false or has failed to pay wages in accordance with the 
attestation, the employer, after notice and opportunity for a hearing, 
shall be disqualified from employing an alien student under this 
section.

SEC. 604. TEMPORARY VISAS FOR GRADUATING STUDENTS.

    Notwithstanding any other provision of law, the Secretary of 
Homeland Security shall grant a temporary nonimmigrant visa to an alien 
to permit the alien to remain in the United States while awaiting the 
issuance of an employment based nonimmigrant visa if the alien--
            (1) graduated with honors from an established college or 
        university in the United States while admitted to the United 
        States pursuant to a visa issued under subparagraph (F), (J), 
        or (M) of section 101(a)(15) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15));
            (2) has a bona fide offer of employment from an employer 
        who utilizes the Employment Management System described in 
        section 218C of the Immigration and Nationality Act, as added 
        by section 401; and
            (3) submits to the Secretary an application for such visa.

SEC. 605. TRAVEL AUTHORIZATION.

    Notwithstanding any other provision of law, the Secretary of 
Homeland Security shall permit an alien attending an established 
college or university in the United States to travel outside of the 
United States if--
            (1) the alien is admitted to the United States pursuant to 
        a visa issued under subparagraph (F), (J), or (M) of section 
        101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15));
            (2) the purpose of such travel is to attend a meeting, 
        seminar, lecture, or similar event in a field related to the 
        alien's field of study; and
            (3) the alien submits to the Secretary a request for 
        authorization for such travel not later than 30 days prior to 
        the alien's proposed date of departure.

SEC. 606. ADDITIONAL EMPLOYEES AND TECHNOLOGIES.

    (a) Increased Employees.--During each of fiscal years 2007 through 
2011, the Secretary of Homeland Security shall, subject to the 
availability of appropriations for such purpose, increase by not less 
than 100 the number of Homeland Security personnel dedicated to 
processing applications for visas applied for pursuant to subparagraph 
(F), (J), or (M) of section 101(a)(15) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15).
    (b) Improved Procedures.--The Secretary of Homeland Security shall 
improve technology and automated procedures to enhance visa clearance 
procedures for visas applied for pursuant to subparagraph (F), (J), or 
(M) of section 101(a)(15) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated during each of fiscal years 2007 through 2011 such sums as 
may be necessary to carry out this section.

         TITLE VII--TRAVEL RESTRICTIONS FOR TEMPORARY VISITORS

SEC. 701. TRAVEL RESTRICTIONS.

    Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) 
is amended by adding at the end the following new subsection:
    ``(s) The Secretary of Homeland Security--
            ``(1) may not prohibit an nonimmigrant admitted under 
        section 101(a)(15)(B) from traveling up to 100 miles from an 
        international border of the United States; and
            ``(2) may permit such a nonimmigrant to travel further from 
        such a border.''.

               TITLE VIII--TEMPORARY AGRICULTURAL WORKERS

SEC. 801. SENSE OF THE SENATE ON TEMPORARY AGRICULTURAL WORKERS.

    It is the sense of the Senate that consideration of any 
comprehensive immigration reform during the 109th Congress should 
include reform for immigration laws related to employment of 
agricultural workers.
                                 <all>