[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4546 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4546
To amend the Immigration and Nationality Act to establish a national-
interest standard for immigration, end certain family-sponsored
immigration categories, revise standards relating to good moral
character, eliminate the diversity immigrant category, revise public-
charge and sponsor-support rules, revise naturalization requirements,
reform employment-based immigration and H-1B visas, eliminate Optional
Practical Training absent express statutory authorization, revise
asylum procedures, require employment eligibility verification,
establish additional penalties relating to unlawful presence and visa
overstays, revise parole authority, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2026
Mr. Tuberville introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to establish a national-
interest standard for immigration, end certain family-sponsored
immigration categories, revise standards relating to good moral
character, eliminate the diversity immigrant category, revise public-
charge and sponsor-support rules, revise naturalization requirements,
reform employment-based immigration and H-1B visas, eliminate Optional
Practical Training absent express statutory authorization, revise
asylum procedures, require employment eligibility verification,
establish additional penalties relating to unlawful presence and visa
overstays, revise parole authority, 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 TITLES; TABLE OF CONTENTS.
(a) Short Titles.--This Act may be cited as the ``American System
for Sustainable Immigration and Mass Immigration Limitations Achieved
Through Imposing Oversight Nationally Act'' or the ``ASSIMILATION
Act''.
(b) Table of Contents.--
Sec. 1. Short titles; table of contents.
TITLE I--FINDINGS, PURPOSES, DEFINITIONS, AND STANDARDS
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. National interest standard.
TITLE II--IMMIGRANT AND NONIMMIGRANT CLASSIFICATIONS
Sec. 201. Family-sponsored immigration reform.
Sec. 202. Elimination of diversity immigrant category.
Sec. 203. Employment-based immigration.
Sec. 204. H-1B reforms.
Sec. 205. Optional practical training.
Sec. 206. Per-country limitations.
TITLE III--ADMISSION, INADMISSIBILITY, SPONSORSHIP, AND ADMINISTRATIVE
AUTHORITY
Sec. 301. Public charge.
Sec. 302. Affidavits of support and sponsor financial requirements.
Sec. 303. Visa overstays.
Sec. 304. Parole.
Sec. 305. Limitations on enforcement discretion.
TITLE IV--NATURALIZATION AND CITIZENSHIP
Sec. 401. Good moral character.
Sec. 402. Naturalization.
Sec. 403. Documentation of citizenship at birth.
TITLE V--ASYLUM, INSPECTION, DETENTION, AND UNACCOMPANIED ALIEN
CHILDREN
Sec. 501. Asylum.
Sec. 502. Credible fear and expedited removal.
Sec. 503. Family detention.
Sec. 504. Unaccompanied alien children.
TITLE VI--EMPLOYMENT ELIGIBILITY VERIFICATION AND LABOR PROTECTIONS
Sec. 601. Employment eligibility verification.
Sec. 602. H-2a wage methodology.
TITLE VII--CONFORMING AMENDMENTS; REPORTS; EFFECTIVE DATES;
APPLICABILITY; SEVERABILITY
Sec. 701. Reports.
Sec. 702. Effective dates.
Sec. 703. Applicability and transition provisions.
Sec. 704. Severability.
TITLE I--FINDINGS, PURPOSES, DEFINITIONS, AND STANDARDS
SEC. 101. FINDINGS.
Congress finds the following:
(1) The Immigration and Nationality Act Amendments of 1965
(Public Law 89-236; commonly known as the ``Hart-Celler Act''),
fundamentally changed the United States immigration system by
replacing the national origins quota system with a preference
system giving priority to extended family-based immigration
rather than basing the admission of immigrants on serving the
national interest.
(2) The immigration system established by the Hart-Celler
Act has--
(A) produced consequences that differ substantially
from the goals described by the Act's original
proponents, including--
(i) unprecedented levels of chain
migration;
(ii) the creation of the diversity visa
lottery under section 203(c) of the Immigration
and Nationality Act (8 U.S.C. 1153(c)); and
(iii) dramatic increases in overall
immigration levels;
(B) placed strain on public resources;
(C) suppressed wages and decreased labor-market
opportunities for United States workers; and
(D) tested the ability of the people of the United
States to promote assimilation and social cohesion.
(3) Given that immigration to the United States is not an
entitlement, Congress has plenary authority to establish
immigration policy that will serve the economic, cultural, and
national security interests of the United States.
(4) The Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) employs the concept of the national interest in multiple
contexts, including employment-based immigration, but does not
provide a generally applicable statutory standard for national-
interest determinations made for employment-selection purposes.
(5) Clear definitions and evidentiary rules promote
transparency, consistency, and faithful administration of
Federal immigration laws.
SEC. 102. PURPOSES.
The purposes of this Act are--
(1) to ensure immigration policy advances the national
interest by establishing a universal national interest standard
under which each visa issuance, admission, and adjustment of
status affirmatively furthers the economic prosperity, cultural
cohesion, and national security of the United States, as
determined by the Secretary of Homeland Security under the
criteria set forth in this Act; and
(2) to revise and repeal the central framework established
by the Hart-Celler Act by replacing family-chain and lottery-
based admissions with a merit-based system that prioritizes
economic self-sufficiency, cultural assimilation, and the
protection of United States workers.
SEC. 103. DEFINITIONS.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended by adding at the end the following:
``(54) The term `means-tested public benefit'--
``(A) means a cash, medical, housing, nutrition, or other
similar public benefit for which eligibility, amount, or
duration is conditioned, in whole or in part, on income,
resources, or financial need; and
``(B) does not include--
``(i) emergency medical assistance;
``(ii) short-term, non-cash, in-kind emergency
disaster relief;
``(iii) public health assistance for immunizations
or for the testing or treatment of symptoms of a
communicable disease;
``(iv) assistance or benefits under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.);
``(v) foster care or adoption assistance for which
an exception is provided under Federal law; or
``(vi) in-kind community-level services necessary
for the protection of life or safety, as designated by
regulation after consultation with appropriate Federal
agencies.
``(55) The term `National Interest Occupation' means an occupation
so designated by the Secretary of Homeland Security pursuant to section
203(b)(4).
``(56) The term `objective evidence'--
``(A) means independently verifiable evidence, including
official records, government data, audited records, binding
instruments, contemporaneous business records, or other
reliable documentation; and
``(B) does not include unsupported assertions, self-serving
statements standing alone, or speculative projections.''.
SEC. 104. NATIONAL INTEREST STANDARD.
Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)
is amended by adding at the end the following:
``(j) National Interest Standard.--
``(1) Application.--This subsection shall only apply to
provisions of this Act that expressly reference this
subsection.
``(2) Standard.--An alien's admission, classification,
employment, or proposed endeavor shall be deemed to be in the
national interest only if such alien establishes, by a
preponderance of objective evidence, that such admission,
classification, employment, or proposed endeavor is expected to
produce a material prospective public benefit for the United
States.
``(3) Public benefit.--A material prospective public
benefit referred to in paragraph (2) may include a significant
benefit to the economic, cultural, educational, scientific,
technological, health, foreign-policy, or security interests of
the United States.
``(4) Limitations.--A determination under paragraph (2) or
(3) may not be based solely on--
``(A) the private interest of the alien or of a
petitioning employer;
``(B) unsupported testimonial assertions or
generalized advocacy;
``(C) speculative, remote, or incidental benefits;
or
``(D) a factor that a more specific provision of
this Act makes legally insufficient for the benefit
sought.
``(5) Rules of construction.--Nothing in this subsection
may be construed--
``(A) to alter the burden of proof required under
section 291;
``(B) to displace a more specific statutory
criterion, evidentiary requirement, limitation, or bar
under this Act;
``(C) to govern any use of the term `national
interest' in this Act unless the relevant provision
expressly references this subsection; or
``(D) to apply to section 103(a)(1).''.
TITLE II--IMMIGRANT AND NONIMMIGRANT CLASSIFICATIONS
SEC. 201. FAMILY-SPONSORED IMMIGRATION REFORM.
(a) Immediate Relative Redefined.--Section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended,
in the first sentence, by striking ``children, spouses, and parents''
and all that follows through ``21 years of age'' and inserting
``spouses and unmarried children under 18 years of age of a citizen of
the United States''.
(b) Modification of Family-Sponsored Preference Classification.--
(1) In general.--Subsection (a) of section 203 of such Act
(8 U.S.C. 1153) is amended to read as follows:
``(a) Spouses and Minor Children of Lawful Permanent Residents.--
Visas shall be made available, subject to section 201(c), to qualified
immigrants who are the spouses or children under 18 years of age of an
alien lawfully admitted for permanent residence.''.
(2) Worldwide level of family-sponsored immigrants.--
Section 201(c) of such Act (8 U.S.C. 1151(c)) is amended--
(A) by amending paragraph (1) to read as follows:
``(A) In general.--The worldwide level of family-
sponsored immigrants under this subsection for a fiscal
year is equal to--
``(i) 88,000; reduced by
``(ii) the number computed under paragraph
(2).'';
(B) by striking paragraphs (2), (3), and (5); and
(C) by redesignating paragraph (4) as paragraph
(2).
(c) Nonimmigrant Classification for Parents of United States
Citizens.--
(1) In general.--Section 101(a)(15) of such Act (8 U.S.C.
1101(a)(15)) is amended--
(A) in subparagraph (T)(ii)(III), by striking the
period at the end and inserting a semicolon;
(B) in subparagraph (U)(iii), by striking ``; or''
and inserting a semicolon;
(C) in subparagraph (V)(ii)(II), by striking the
period at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(W) subject to section 214(s), an alien who is
the parent of a citizen of the United States, if such
citizen has attained 21 years of age.''.
(2) Conditions for admission.--Section 214 of such Act (8
U.S.C. 1184) is amended by adding at the end the following:
``(s) Parents of Citizens of the United States.--
``(1) Period of admission.--The initial period of admission
for an alien admitted as a nonimmigrant described in section
101(a)(15)(W) shall be 5 years.
``(2) Extension.--Such period may be extended only if the
United States citizen sponsor resides in the United States.
``(3) Ineligibility for employment and public benefits.--An
alien admitted pursuant to a visa for a nonimmigrant described
in section 101(a)(15)(W) shall be ineligible for employment and
ineligible for any Federal, State, or local public benefit.
``(4) Financial responsibility.--The United States citizen
sponsor shall be financially responsible for the support of
such alien.
``(5) Health insurance.--Admission as a nonimmigrant
described in section 101(a)(15)(W) shall require proof of
health insurance coverage that does not impose any cost on the
alien or on a Federal, State, or local government.
``(6) No immigrant status created.--Admission as a
nonimmigrant described section 101(a)(15)(W) shall not be
construed to confer eligibility for immigrant classification or
adjustment of status except as otherwise expressly provided by
law.''.
(d) Technical and Conforming Amendments.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)), by
striking ``section 203(a)(2)(A)'' each place such term appears
and inserting ``section 203(a)'';
(2) in section 201(f) (8 U.S.C. 1151(f))--
(A) in paragraph (1), by striking ``the age
requirement in the matter preceding subparagraph (A) of
section 101(b)(1)'' and inserting ``the age requirement
applicable to classification under such subsection'';
(B) in paragraph (2), by striking ``section
203(a)(2)(A)'' and inserting ``section 203(a)'';
(C) by striking paragraph (3);
(D) by redesignating paragraph (4) as paragraph
(3); and
(E) in paragraph (3), as redesignated, by striking
``(1) through (3)'' and inserting ``(1) and (2)'';
(3) in section 203(h), by amending paragraph (2) to read as
follows:
``(2) Petition described.--The petition described in this
paragraph is, with respect to an alien child who is a
derivative beneficiary under subsection (d), a petition filed
under section 204 for classification of the alien's parent
under subsection (a) or (b).'';
(4) in section 204 (8 U.S.C. 1154)--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) in clause (i), by
striking ``paragraph (1), (3),
or (4) of''; and
(bb) by striking clause
(vii);
(II) in subparagraph (B)--
(aa) in clause (i)--
(AA) by
redesignating the
second subclause (I) as
subclause (II) and
moving such subclause 4
ems to the left; and
(BB) in subclause
(I), by striking
``203(a)(2)'' and
inserting ``203(a)'';
and
(bb) by striking
``203(a)(2)(A)'' each place
such term appears and inserting
``203(a)''; and
(III) in subparagraph (D)(i)(I)--
(aa) by striking ``21 years
of age'' each place such term
appears and inserting ``18
years of age''; and
(bb) by striking ``a
petitioner for preference
status under paragraph (1),
(2), or (3) of section 203(a)''
and inserting ``an individual
younger than 18 years of age
for purposes of adjudicating
such petition and for purposes
of admission as an immediate
relative under section
201(b)(2)(A)(i) or a family-
sponsored immigrant under
section 203(a), as
applicable.''; and
(ii) in paragraph (2)(A)--
(I) in the matter preceding clause
(i), by striking ``second preference'';
and
(II) in the matter at the end, by
striking ``the term'' and all that
follows through ``section 203(a)(2),''
and inserting ``the term `spousal
petition' refers to a petition seeking
classification under section 203(a)'';
(B) in subsection (f)(1), by striking ``,
203(a)(1), or 203(a)(3), as appropriate'';
(C) by striking subsection (k); and
(D) by redesignating subsection (l) as subsection
(k);
(5) in section 212 (8 U.S.C. 1182)--
(A) in subsection (a)(6)(E)(ii), by striking
``section 203(a)(2)'' and inserting ``section 203(a)'';
and
(B) in subsection (d)(11), by striking ``(other
than paragraph (4) thereof)'';
(6) in section 213A(f)(5)(B)(ii) (8 U.S.C.
1183a(f)(5)(B)(ii)), by striking ``section 204(l)'' and
inserting ``204(k)'';
(7) in section 214(q)(1)(B)(i) (8 U.S.C. 1184(q)(1)(B)(i)),
by striking ``section 203(a)(2)(A)'' each place such term
appears and inserting ``section 203(a)'';
(8) in section 216(h)(1)(C) (8 U.S.C. 1186a(h)(1)(C)), by
striking ``section 203(a)(2)'' and inserting ``section
203(a)''; and
(9) in section 237(a)(1)(E)(ii) (8 U.S.C.
1227(a)(1)(E)(ii)), by striking ``section 203(a)(2)'' and
inserting ``section 203(a)''.
SEC. 202. ELIMINATION OF DIVERSITY IMMIGRANT CATEGORY.
(a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended--
(1) in section 201 (8 U.S.C. 1151)--
(A) in subsection (a)--
(i) in paragraph (1), by striking the
semicolon and inserting ``; and'';
(ii) in paragraph (2), by striking ``;
and'' and inserting a period; and
(iii) by striking paragraph (3); and
(B) by striking subsection (e); and
(2) in section 203 (8 U.S.C. 1153(c)), by striking
subsection (c).
(b) Technical and Conforming Amendments.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 203 (8 U.S.C. 1153)--
(A) in subsection (d), by striking ``under
subsection (a), (b), or (c)'' and inserting ``under
subsection (a) or (b)'';
(B) in subsection (e)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as
paragraph (2);
(C) in subsection (f), by striking ``or in
subsection (a), (b), or (c)'' and inserting ``or in
subsection (a) or (b)''; and
(D) in subsection (g), by striking ``subsections
(a), (b), and (c)'' and inserting ``subsections (a) and
(b)''; and
(2) in section 204--
(A) in subsection (a)(1)--
(i) by striking subparagraph (I); and
(ii) by redesignating subparagraphs (J) and
(K) as subparagraphs (I) and (J), respectively;
and
(B) in subsection (e), by striking ``in behalf''
and all that follows through ``section 203'' and
inserting ``on behalf of whom a petition under this
section is approved, to be admitted to the United
States as an immigrant under subsection (a) or (b) of
section 203''.
(c) Application.--
(1) In general.--The amendments made by this section shall
apply only with respect to petitions and applications pending
on, or filed on or after, the date of the enactment of this
Act.
(2) Prior diversity visa selections.--An alien selected
before the date of the enactment of this Act for a diversity
immigrant visa under section 203(c) of the Immigration and
Nationality Act, as in effect on the day before such date of
enactment, is not eligible, on or after that date, to receive a
visa on the basis of that selection, and no petition or
application based on that selection may be approved, and no
immigrant visa may be issued to the alien on the basis of that
selection, on or after that date.
SEC. 203. EMPLOYMENT-BASED IMMIGRATION.
(a) Stabilizing the Worldwide Level of Employment-Based
Immigrants.--Section 201(d) of the Immigration and Nationality Act (8
U.S.C. 1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--The
worldwide level of employment-based immigrants granted visas in each
fiscal year pursuant to section 203(b) shall be not more than
140,000.''.
(b) Allocation of Employment-Based Immigrant Visas.--Section 203(b)
of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended to
read as follows:
``(b) Employment-Based Immigrants.--
``(1) In general.--Visas shall be made available, subject
to section 201(d), to qualified immigrants whose admission has
been certified by the Secretary of Homeland Security to be in
the national interest in accordance with section 101(j)(2).
``(2) Standard for certification.--The Secretary of
Homeland Security shall make the certification described in
paragraph (1) with respect to an alien if the alien has
established, by a preponderance of the evidence, that--
``(A) he or she satisfies at least 1 presumptive
positive factor described in paragraph (3);
``(B) none of the grounds of inadmissibility listed
under paragraph (6) applies to him or her; and
``(C) all presumptive negative factors described in
paragraph (5) have been rebutted.
``(3) Presumptive positive factors.--
``(A) High compensation.--The alien has a bona fide
offer of employment in the United States for which he
or she will receive a salary, or has verified his or
her ability to generate self-employment income in the
United States, that is at or above the 90th percentile
salary for the most relevant occupation code and area
of intended employment, as determined under regulations
prescribed by the Secretary of Homeland Security, in
consultation with the Secretary of Labor.
``(B) National interest occupation or shortage
service.--
``(i) National interest occupation.--The
alien has a bona fide offer of employment in a
National Interest Occupation for which he or
she will receive a salary that is at or above
the 75th percentile salary for the relevant
occupation code and area of intended
employment.
``(ii) Shortage position.--The alien has
committed to provide full-time service for a
period of not fewer than 5 years in a federally
designated medical, mental-health, dental,
veterans, or other statutorily designated
shortage position, in accordance with
regulations prescribed by the Secretary of
Homeland Security, in consultation with the
Secretary of Labor.
``(C) Strategic federal support.--
``(i) In general.--The alien has received a
written certification that--
``(I) was executed by--
``(aa) the head of a
Federal department or agency
designated under clause (ii);
or
``(bb) a Senate-confirmed
officer of a Federal department
or agency designated under
clause (ii) who was appointed
by the head of such department
or agency to execute
certifications under this
clause;
``(II) identifies a published
national priority of the United States
that is materially related to the
alien's proposed work; and
``(III) states the alien's proposed
work materially advances such national
priority.
``(ii) Designated departments and
agencies.--The Federal departments and agencies
designated under this clause are--
``(I) the Department of Defense;
``(II) the Department of Energy;
``(III) the Department of Commerce;
``(IV) the Department of Health and
Human Services;
``(V) the Department of
Agriculture;
``(VI) the Department of Veterans
Affairs;
``(VII) the National Aeronautics
and Space Administration;
``(VIII) the National Science
Foundation; and
``(IX) any other Federal department
or agency that has been so designated
by an Act of Congress.
``(iii) Defined term.--In this
subparagraph, the term `published national
priority' means a priority identified in a
published strategy, plan, directive, funding
announcement, or other official document of the
applicable Federal department or agency.
``(D) Extraordinary ability.--The alien
demonstrates sustained national or international
acclaim in a field materially related to the alien's
proposed endeavor in the United States by providing
evidence that satisfies at least 3 of the following
criteria:
``(i) Receipt of a major nationally or
internationally recognized prize or award for
excellence in the field, supported by objective
evidence of the selectivity, prestige, and
significance of the prize or award.
``(ii) Authorship of scholarly articles,
major published works, patented inventions, or
other original contributions of major
significance in the field.
``(iii) Evidence that the alien's work has
been widely cited, adopted, licensed,
commercialized, implemented, or otherwise
materially relied upon by recognized public or
private entities in the field.
``(iv) Participation, by invitation or
selection based on expertise, as a judge, peer
reviewer, evaluator, or member of a selection
panel for the work of others in the same or an
allied field.
``(v) Service in a leading or critical
capacity for an entity with a distinguished
reputation, supported by objective evidence of
the significance of the alien's contributions.
``(vi) Commanding compensation, equity, or
other remuneration demonstrating exceptional
standing in the field, as established by
objective market evidence.
``(E) Entrepreneurship and innovation.--The alien
provides reliable evidence that--
``(i) a startup entity in which the alien
holds a substantial ownership interest and
central managerial role has received--
``(I) not less than $500,000 in
qualified investment from qualified
United States investors; or
``(II) not less than $200,000 in
qualifying Federal, State, or local
research, development, or
commercialization funding;
``(ii) the investment or funding referred
to in clause (i) is documented by binding
investment instruments, grant award documents,
audited capitalization records, or such other
objective evidence as the Secretary of Homeland
Security may prescribe;
``(iii) such entity has a credible plan to
create not fewer than 5 full-time jobs for
workers in the United States during the 3-year
period beginning on the date on which the alien
is admitted to the United States; and
``(iv) the alien's claim does not rely
solely on self-valued assets, unaudited
internal valuations, or unsupported
projections.
``(4) National interest occupation list.--
``(A) In general.--The Secretary of Homeland
Security, in consultation with the Secretary of Labor,
shall establish and maintain a list of occupations
designated as National Interest Occupations for
purposes of paragraph (3)(B)(i).
``(B) Standard.--An occupation may be included on
the list established pursuant to subparagraph (A) only
if the Secretary of Homeland Security determines, based
on objective evidence, that such occupation is
associated with persistent labor shortages, strategic
national need, or other circumstances demonstrating
that employment in such occupation materially advances
the economic, cultural, or security interests of the
United States.
``(C) Publication.--The list established pursuant
to subparagraph (A), and any additions to, or removals
from, such list, shall be published in the Federal
Register.
``(D) Periodic review.--Not less frequently than
once every 4 years, the Secretary of Homeland Security,
in consultation with the Secretary of Labor, shall--
``(i) review the list established pursuant
to subparagraph (A); and
``(ii) add occupations to, or remove
occupations from, such list, as appropriate.
``(5) Presumptive negative factors.--Unless rebutted under
paragraph (7), there is a presumption that an alien's request
for certification under paragraph (1) should be denied if any
of the following factors exists:
``(A) Sub-median compensation.--With respect to the
alien's most recent employment, the alien received
compensation that was lower than--
``(i) the median wage for the relevant
occupation code and area of intended
employment; or
``(ii) the required prevailing wage in
circumstances where a prevailing wage
determination is required.
``(B) Limited english proficiency.--The alien's
English proficiency is at a level that is lower than
English level B1 on the Common European Framework of
Reference scale, or its equivalent, unless the alien
meets the criteria described in subparagraph (C) or (D)
of paragraph (3) or another exception prescribed by
regulation.
``(C) Serious employer labor noncompliance.--There
has been a final order of debarment or other final
determination of serious labor law noncompliance during
the 5-year period immediately preceding a request for
certification under paragraph (1) against the
petitioning employer or startup entity.
``(D) Insufficient showing of self-sufficiency.--
The alien fails to establish, through objective
evidence, the present ability and prospective capacity
to support himself or herself in the United States
without reliance on means-tested public benefits.
``(6) Grounds of inadmissibility.--The Secretary of
Homeland Security may not grant a certification to any alien
who is inadmissible under paragraph (2), (3), or (6)(C) of
section 212(a), unless a waiver to such ground of
inadmissibility is available and granted under this Act.
``(7) Notice and rebuttal.--Before denying certification
under paragraph (1) on the basis of a factor described in
paragraph (5), the Secretary of Homeland Security shall--
``(A) provide written notice to the petitioner that
identifies the applicable presumptive negative factors;
and
``(B) provide the alien not fewer than 60 days to
submit evidence to rebut such factors.
``(8) Priority order when visa demand exceeds supply.--
``(A) In general.--If the number of aliens eligible
for certification under this subsection in a fiscal
year exceeds the number of visas available under this
subsection in such fiscal year, the Secretary of
Homeland Security shall prioritize the available visas
in the following order:
``(i) Aliens who meet a factor described in
subparagraph (C) or (D) of paragraph (3).
``(ii) Aliens who meet a factor described
in paragraph (3)(B).
``(iii) Aliens who meet a factor described
in paragraph (3)(A).
``(iv) Aliens who meet a factor described
in paragraph (3)(E).
``(B) Priority order within a subgroup.--If the
number of aliens described in any clause under
subparagraph (A) in a fiscal year exceeds the number of
visas available for such aliens in such fiscal year,
the Secretary of Homeland Security shall prioritize the
available visas in the following order:
``(i) Aliens who will be receiving a salary
or generating self-employment income at a
higher applicable wage percentile.
``(ii) Earliest priority date.
``(9) Rulemaking.--Not later than 180 days after the date
of the enactment of the ASSIMILATION Act, the Secretary of
Homeland Security shall prescribe regulations to carry out this
subsection, including rules for--
``(A) occupational wage mapping;
``(B) English-equivalency standards;
``(C) qualified investment requirements;
``(D) employer noncompliance penalties; and
``(E) self-sufficiency requirements.
``(10) Derivative aliens.--A spouse or child described in
section 203(d) who is accompanying or following to join a
principal alien granted a visa under this subsection shall be
entitled to the same status and the same order of consideration
as such principal alien.''.
SEC. 204. H-1B REFORMS.
(a) Labor Condition Requirements.--Section 212(n) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended by adding
at the end the following:
``(6)(A) No application under this subsection may be
approved unless the employer attests, and the Secretary
concurs, that the wage level for the position to be filled by
the H-1B nonimmigrant is not less than 200 percent of the
median wage for the occupational classification code in the
area of intended employment.
``(B) The Secretary of Homeland Security, to the maximum
extent practicable and consistent with this Act, shall
prioritize petitions filed on behalf of aliens who have earned
a degree in science, technology, engineering, or mathematics
from an institution of higher education in the United
States.''.
(b) Numerical Limitation and Period of Admission.--Section 214(g)
of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--
(1) by striking paragraphs (5) and (6) and inserting the
following:
``(5) The numerical limitations under paragraph (1)(A) shall not
apply to a petition filed on behalf of an alien employed, or to be
employed, by an institution or organization if the Secretary of
Homeland Security determines such employment affirmatively serves the
economic, cultural, or security interests of the United States, as
described in section 101(h).
``(6) An alien previously approved pursuant to paragraph (5) shall
be counted toward the numerical limitations under paragraph (1)(A) upon
the first approval of a petition filed by an employer that does not
qualify under paragraph (5) unless the alien has previously been
counted toward such limitations.''; and
(2) by adding at the end the following:
``(12)(A) Notwithstanding any other provision of this subsection,
the total number of aliens who may be issued visas or otherwise
provided status as nonimmigrants under section 101(a)(15)(H)(i)(b) in
any fiscal year may not exceed 50,000.
``(B) An alien may not be accorded status under section
101(a)(15)(H)(i)(b) for a period exceeding 3 years. Such status may not
be extended or renewed.
``(C) An alien who has been granted status as a nonimmigrant under
section 101(a)(15)(H)(i)(b) may not adjust his or her status to that of
an alien lawfully admitted for permanent residence unless the alien
remains outside of the United States for a continuous period of not
less than 2 years following the expiration of such status.''.
SEC. 205. OPTIONAL PRACTICAL TRAINING.
Section 274A(h) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)) is amended by adding at the end the following:
``(4) An alien admitted as a nonimmigrant described in
section 101(a)(15)(F)(i) shall not be considered authorized to
be employed in the United States.''.
SEC. 206. PER COUNTRY LIMITATIONS.
Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152)
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``Subject to
paragraphs (3), (4), and (5), the'' and inserting
``The''; and
(B) by striking paragraphs (3), (4), and (5); and
(2) by amending subsection (e) to read as follows:
``(e) Allocation of Visa Numbers for Countries at Per Country
Ceiling.--
``(1) In general.--If the Secretary of State determines the
total number of immigrant visas made available under
subsections (a) and (b) of section 203 to natives of a single
foreign state or dependent area will exceed the numerical
limitation specified in subsection (a)(2) in a fiscal year,
immigrant visa numbers for natives of that foreign state or
dependent area shall be allocated in accordance with paragraph
(2).
``(2) Allocation between family-sponsored and employment-
based immigrants.--The total number of immigrant visa described
in paragraph (1) shall be allocated, to the extent practicable
and consistent with this section and section 203, in a manner
so that the ratio of the number of visas made available under
section 203(a) to the number of visas made available under
section 203(b) is equal to the ratio of the worldwide level of
family-sponsored immigrants under section 201(c) to the
worldwide level of employment-based immigrants under section
201(d).''.
TITLE III--ADMISSION, INADMISSIBILITY, SPONSORSHIP, AND ADMINISTRATIVE
AUTHORITY
SEC. 301. PUBLIC CHARGE.
(a) Inadmissibility.--Section 212(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(4)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) In general.--Any alien who, in the opinion of
the consular officer at the time of application for a
visa, or in the opinion of the Secretary of Homeland
Security at the time of application for admission or
adjustment of status, and based on objective evidence
and the totality of the circumstances described in
subparagraph (B), fails to establish the present
ability and prospective capacity to support the alien
and the alien's dependents in the United States without
reliance on means-tested public benefits is
inadmissible.'';
(2) by amending subparagraph (B) to read as follows:
``(B) Factors to be taken into account.--In
determining whether an alien is inadmissible under this
paragraph, the consular officer or the Secretary of
Homeland Security shall consider, based on objective
evidence and the totality of the circumstances, at a
minimum, the alien's--
``(i) age;
``(ii) health;
``(iii) family status;
``(iv) assets, resources, liabilities, and
financial status;
``(v) education and skills;
``(vi) employment history, prospective
employability, and expected lawful means of
support;
``(vii) history of receipt of means-tested
public benefits, if any;
``(viii) English proficiency;
``(ix) such assimilation-related factors as
the Secretary of Homeland Security may
prescribe; and
``(x) any affidavit of support required
under section 213A and any bond posted under
section 213 or 213A(g).''; and
(3) by adding at the end the following:
``(F) Presumption from benefit dependency.--
``(i) In general.--An alien who is subject
to this paragraph shall be presumed to have
become a public charge if the alien receives
one or more means-tested public benefits for
more than 12 months in the aggregate within any
36-month period, such that receipt of two
benefits in one month shall count as two
months.
``(ii) Rebuttal.--The presumption under
clause (i) may be rebutted only through
objective evidence establishing that the
receipt of benefits--
``(I) was directly attributable to
circumstances that arose after the
alien's admission or adjustment of
status;
``(II) was not reasonably
foreseeable at the time of such
admission or adjustment; and
``(III) is not indicative of a
present inability or prospective
incapacity to remain self-sufficient in
the United States.
``(iii) Rule of construction.--Nothing in
this subparagraph may be construed to limit the
authority of the consular officer or the
Secretary of Homeland Security to determine,
under the totality of the circumstances, that
an alien is inadmissible under this paragraph,
notwithstanding that the alien has not received
benefits in the amount or duration described in
clause (i).''.
(b) Deportability.--Paragraph (5) of section 237(a) of such Act (8
U.S.C. 1227(a)) is amended to read as follows:
``(5) Public charge.--Any alien who, at any time after the
date of admission as an immigrant or adjustment of status to
that of an alien lawfully admitted for permanent residence, has
become a public charge, including any alien subject to section
212(a)(4) who meets the presumption described in section
212(a)(4)(F), is deportable, unless the alien establishes,
through objective evidence, that the cause arose after such
admission or adjustment from circumstances that were not
reasonably foreseeable at the time of such admission or
adjustment.''.
(c) Rescission of Adjustment of Status.--Section 246(a) of such Act
(8 U.S.C. 1256(a)) is amended by inserting after the first sentence the
following: ``For purposes of the preceding sentence, a person shall be
considered not to have been in fact eligible for adjustment of status
if, at any time after the date of adjustment, the person meets the
presumption described in section 212(a)(4)(F), unless the person
establishes, through objective evidence, that the cause arose after
adjustment from circumstances that were not reasonably foreseeable at
the time of adjustment.''.
(d) Savings Provision.--Nothing in the amendments made by this
section may be construed to repeal or narrow any exemption from section
212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4))
that is expressly provided elsewhere in such Act or in any other Act of
Congress.
(e) Rulemaking.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of State and the Secretary of Health
and Human Services, shall prescribe regulations to carry out this
section and the amendments made by this section.
SEC. 302. AFFIDAVITS OF SUPPORT AND SPONSOR FINANCIAL REQUIREMENTS.
Section 213A of the Immigration and Nationality Act (8 U.S.C.
1183a) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``125
percent'' and inserting ``200 percent''; and
(B) in subparagraph (B), by striking ``(as defined
in subsection (e))'';
(2) in subsection (b)--
(A) in paragraph (1)(A), by striking ``Upon
notification that a sponsored alien has received any
means-tested public benefit'' and inserting ``Not later
than 30 days after receiving notice or other reliable
evidence that a sponsored alien has received any means-
tested public benefit''; and
(B) in paragraph (2)(A), by striking ``45 days''
and inserting ``30 days'';
(3) in subsection (c), in the second sentence, by inserting
``, including administrative offset under section 3716 of such
title and any lien authorized under subsection (g)'' before the
period at the end;
(4) in subsection (f)--
(A) in paragraph (1)(E), by striking ``125
percent'' and inserting ``200 percent'';
(B) in paragraph (4)(B)(i), by striking ``125
percent'' and inserting ``200 percent''; and
(C) in paragraph (5)(A), by striking ``125
percent'' and inserting ``200 percent'';
(5) by inserting after subsection (f) the following:
``(g) Sponsor Bond and Liens.--
``(1) Bond required.--An affidavit of support accepted
under this section shall not be considered sufficient unless
each sponsor and joint sponsor whose income or assets are
relied upon to satisfy subsection (f) has posted, with respect
to each sponsored alien, a bond or other surety satisfactory to
the Secretary of Homeland Security in an amount not less than
$20,000.
``(2) Conditions.--A bond under paragraph (1) shall be
conditioned on--
``(A) compliance with the sponsor's support
obligations under subsection (a);
``(B) reimbursement of any means-tested public
benefit described in subsection (b); and
``(C) payment of any civil penalty or collection
cost lawfully assessed under this section.
``(3) Period of effectiveness.--
``(A) In general.--Subject to subparagraph (B), a
bond under paragraph (1) shall remain in effect until
the earlier of--
``(i) the date that is 10 years after the
date of the sponsored alien's admission or
adjustment of status;
``(ii) that date of the sponsored alien's
naturalization as a citizen of the United
States;
``(iii) the date of the sponsored alien's
death; or
``(iv) the date of the sponsored alien's
permanent departure from the United States.
``(B) Treatment of liabilities incurred.--Liability
incurred before the termination date under subparagraph
(A) shall remain enforceable until satisfied.
``(4) Forfeiture.--If a sponsor fails to reimburse amounts
due under subsection (b) within 30 days after a final written
demand, the Secretary of Homeland Security or the requesting
governmental entity may declare the bond forfeited in an amount
sufficient to satisfy the unpaid obligation, together with
interest, administrative costs, and costs of collection.
``(5) Liens.--Any amount finally determined and unpaid
under this section shall constitute a debt due the United
States. Upon notice and opportunity for a hearing, the United
States may record a lien in favor of the United States on all
property and rights to property, whether real or personal, of
the sponsor, and may enforce such debt under subsection (c) and
subchapter II of chapter 37 of title 31, United States Code.
``(6) Regulations.--The Secretary of Homeland Security, in
consultation with the Secretary of State and the Secretary of
the Treasury, shall prescribe regulations governing bond form,
surety, forfeiture, lien notice, hearing rights, and
release.''; and
(6) in subsection (i)--
(A) in paragraph (2), by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security''; and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(ii) in subparagraph (A), by striking ``;
and'' and inserting a semicolon;
(iii) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(C) the number of reimbursement requests issued
under subsection (b)(1)(A), the number of actions
brought under subsection (b)(2), the number of bond
forfeitures under subsection (g), and the total dollar
amount recovered under this section during such fiscal
year.''.
SEC. 303. VISA OVERSTAYS.
(a) Voiding Nonimmigrant Visas That Have Expired or for
Noncompliance.--Section 222(g) of the Immigration and Nationality Act
(8 U.S.C. 1202(g)) is amended to read as follows:
``(g)(1) The nonimmigrant visa of an alien who has been admitted to
the United States shall be void beginning on the date (excluding any
period tolled under section 212(a)(9)(B)(iv)) that is 10 days after--
``(A) the last day of such alien's authorized period of
stay under such visa; or
``(B) the date on which U.S. Immigration and Customs
Enforcement determines such alien--
``(i) has materially failed to maintain the
nonimmigrant status in which such alien was admitted or
to which it was changed under section 248; or
``(ii) has materially fails to comply with the
conditions of such status.
``(2) An alien described in paragraph (1) shall be ineligible to be
readmitted to the United States as a nonimmigrant, except--
``(A) on the basis of a visa (other than the visa described
in paragraph (1)) issued in a consular office located in the
country of the alien's nationality (or, if there is no office
in such country, in such other consular office as the Secretary
of State shall specify); or
``(B) if the Secretary of State determines the existence of
extraordinary circumstances justifying such readmission.
``(3) The provisions of this subsection are in addition to, and not
in lieu of, any ground of inadmissibility or deportability or any
criminal or civil penalty otherwise provided by law.''.
(b) Overstay Offense and Penalties.--Section 275 of the Immigration
and Nationality Act (8 U.S.C. 1325) is amended--
(1) in subsection (a), by inserting ``or if the alien was
previously convicted of an offense under subsection (e)(2)(A)''
after ``for a subsequent commission of any such offense'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``at least $50
and not more than $250'' and inserting ``not less than
$500 and not more than $1,000''; and
(B) in paragraph (2), by inserting ``or subsection
(e)(2)(B)'' after ``under this subsection''; and
(3) by adding at the end the following:
``(e)(1) An alien who was admitted as a nonimmigrant violates this
subsection if the alien, for an aggregate of 10 days or more (excluding
any period tolled under section 212(a)(9)(B)(iv))--
``(A) remains in the United States beyond the period of
stay authorized by the Secretary of Homeland Security; or
``(B) materially fails to maintain the nonimmigrant status
in which the alien was admitted or to which it was changed
under section 248, or materially fails otherwise to comply with
the conditions of such status.
``(2) An alien who violates paragraph (1)--
``(A) shall--
``(i) for the first commission of such violation,
be fined under title 18, United States Code, imprisoned
for not more than 6 months, or both; and
``(ii) for a subsequent commission of such
violation, or if the alien was previously convicted of
an offense under subsection (a), be fined under such
title 18, imprisoned not more than 2 years, or both;
and
``(B) in addition to any penalty assessed under
subparagraph (A) and any other criminal or civil penalties that
otherwise may be imposed, shall be subject to a civil penalty
of--
``(i) not less than $500 and not more than $1,000
for each violation; or
``(ii) twice the amount specified in clause (i), in
the case of an alien who has been previously subject to
a civil penalty under this subparagraph or subsection
(b).''.
SEC. 304. PAROLE.
Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(5)) is amended--
(1) by striking ``(5)(A) The Secretary'' and all that
follows through the period at the end of subparagraph (A) and
inserting the following:
``(5)(A)(i) The Secretary of Homeland Security may, except as
provided in subparagraph (B) or in section 214(f), in the discretion of
the Secretary, parole into the United States temporarily, for a period
not to exceed 90 days and under such conditions as the Secretary may
prescribe, only on a case-by-case basis for urgent humanitarian reasons
or significant public benefit, as set forth in a written determination,
any alien applying for admission to the United States.
``(ii) Parole of an alien under clause (i) shall not be regarded as
an admission of the alien, and when the purposes of such parole have
been served, the alien shall forthwith return or be returned to the
custody from which the alien was paroled, and thereafter the alien's
case shall continue to be dealt with in the same manner as that of any
other applicant for admission to the United States.''; and
(2) by adding at the end the following:
``(D) No extension absent act of congress.--Parole granted
under subparagraph (A)(i) may not be extended, renewed, or
granted again beyond an aggregate period of 90 days unless an
Act of Congress expressly authorizes such longer period.
``(E) No categorical or programmatic parole.--Parole under
subparagraph (A)(i) may not be granted on a categorical, class-
wide, or programmatic basis, and may not be used to circumvent
any numerical limitation, refugee admission process under
section 207, labor certification requirement, or other
limitation or requirement under this Act.
``(F) Record retention.--The Secretary of Homeland Security
shall retain each written determination under subparagraph
(A)(i) for not less than 10 years.''.
SEC. 305. LIMITATIONS ON ENFORCEMENT DISCRETION.
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103)
is amended by adding at the end the following:
``(h) Limitations on Enforcement Discretion.--
``(1) No categorical nonenforcement.--Except as expressly
authorized by this Act or by any other Act of Congress, the
Secretary of Homeland Security and the Attorney General may not
adopt, implement, or rely upon a policy, memorandum, rule,
order, or program that prospectively exempts or purports to
exempt a class or category of aliens from inspection,
apprehension, detention, initiation of removal proceedings,
adjudication of removability, or execution of final orders of
removal.
``(2) No categorical deferred action or similar
nonenforcement status.--Except as expressly authorized by this
Act or by any other Act of Congress, the Secretary of Homeland
Security and the Attorney General may not grant deferred action
or any similar form of categorical nonenforcement status to a
class or category of aliens.
``(3) Case-by-case deferrals.--Nothing in this subsection
may be construed to preclude an individualized decision,
supported by a written determination, to defer a specific
enforcement action for a period not to exceed 180 days, which
may be renewed only upon a new written determination, on the
basis of--
``(A) a serious medical emergency;
``(B) the alien's material assistance as a witness,
victim, or informant in a criminal, civil, or
administrative investigation or proceeding;
``(C) a compelling national security or law
enforcement interest; or
``(D) another compelling humanitarian circumstance
of comparable gravity specifically described in the
written determination.
``(4) No immigration status or benefit created.--A deferral
granted pursuant to paragraph (3)--
``(A) does not constitute an admission, parole, or
lawful status of an alien; and
``(B) may not serve as the basis for employment
authorization, advance parole, adjustment of status, or
eligibility for any Federal public benefit, unless
expressly authorized by this Act or by any other Act of
Congress.
``(5) Operational sequencing.--Nothing in this subsection
may be construed as prohibiting ordinary case-specific
decisions regarding sequencing, scheduling, or resource
allocation if such decisions do not amount violated the
categorical nonenforcement prohibition described in paragraph
(1).''.
TITLE IV--NATURALIZATION AND CITIZENSHIP
SEC. 401. GOOD MORAL CHARACTER.
(a) Expanded Statutory Bars.--Section 101(f) of the Immigration and
Nationality Act (8 U.S.C. 1101(f)) is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) one who has been convicted of any felony under
Federal, State, or local law;
``(11) during the period for which good moral character is
required to be established, one who has been convicted of 1 or
more misdemeanors under Federal, State, or local law;
``(12) one who has been found, by a final administrative or
judicial determination, to have violated this Act or any of the
immigration laws, including by failing to maintain lawful
status or by overstaying a period of authorized admission by
more than 180 days;
``(13) one who has engaged in fraud or willful
misrepresentation in applying for, obtaining, or retaining any
Federal, State, or local public benefit;
``(14) one who is described in section 212(a)(3) or
237(a)(4), or who has knowingly participated in a criminal
street gang (as defined in section 521(a) of title 18, United
States Code), as established by clear and convincing evidence;
``(15) during such period, one who has been convicted of an
offense involving the operation of a motor vehicle while under
the influence of alcohol or drugs, or an offense described in
section 237(a)(2)(E); or
``(16) one who has willfully failed to satisfy a Federal
tax liability or a legally enforceable child-support
obligation, as established by a final administrative or
judicial determination.''.
(b) Totality of Circumstances in Naturalization Cases.--Section
316(e) of such Act (8 U.S.C. 1427(e)) is amended--
(1) by striking ``(e) In determining'' and inserting the
following:
``(e) Good Moral Character Determination.--
``(1) In general.--In determining''; and
(2) by adding at the end the following:
``(2) Considerations.--In making such determination, the
Secretary of Homeland Security may consider the totality of the
circumstances, including criminal history, employment history,
tax compliance, compliance with support obligations, and civic
conduct, and may require objective documentary evidence of such
matters.''.
SEC. 402. NATURALIZATION.
(a) English Requirement.--Section 312 of the Immigration and
Nationality Act (8 U.S.C. 1423) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) an understanding of the English language, including
the ability to read, write, speak, and comprehend English at a
proficiency level not lower than B2 of the Common European
Framework of Reference for Languages, or an equivalent standard
prescribed by regulation; and''; and
(2) in subsection (b)--
(A) by striking paragraphs (2) and (3); and
(B) in paragraph (1), by striking ``(1) The
requirements'' and inserting ``The requirements''.
(b) General Residence Period and Other Qualifications.--Section
316(a) of such Act (8 U.S.C. 1427(a)) is amended--
(1) by striking ``applicant,'' and inserting ``applicant--
'';
(2) by striking ``(1) immediately'' and inserting the
following:
``(1) immediately'';
(3) in paragraph (1)--
(A) by striking ``five years'' each place such term
appears and inserting ``10 years''; and
(B) by striking ``three months,'' and inserting ``3
months;'';
(4) in paragraph (2)--
(A) by striking ``(2) has resided'' and inserting
the following:
``(2) has resided'';
(B) by striking ``, and'' and inserting a
semicolon;
(5) in paragraph (3)--
(A) by striking ``(3) during'' and inserting the
following:
``(4) during''; and
(B) by striking the period at the end and inserting
``; and''; and
(6) by adding at the end the following:
``(4) during the 10-year period immediately preceding the
date of filing an application for naturalization, has complied
with all Federal tax filing and payment obligations, or is in
full compliance with an approved payment arrangement;
``(5) during such period, has not received a means-tested
public benefit, except as expressly exempted under section
101(a)(54); and
``(6) has demonstrated civic integration through objective
evidence prescribed by regulation, which may include compliance
with registration requirements under the Military Selective
Service Act, as applicable, and verified civic participation or
community service.''.
(c) Spouses of Citizens.--Section 319(a) of such Act (8 U.S.C.
1430(a)) is amended by striking ``three years'' each place such term
appears and inserting ``10 years''.
(d) Application Evidence.--Section 334(a) of such Act (8 U.S.C.
1445(a)) is amended by adding at the end the following: ``An
application for naturalization shall include official Federal tax
return transcripts, or such other official tax records as the Secretary
of Homeland Security may prescribe, for each taxable year within the
period for which continuous residence and good moral character must be
established, together with such additional objective evidence as the
Secretary may require to establish compliance with sections 312 and
316.''.
SEC. 403. DOCUMENTATION OF CITIZENSHIP AT BIRTH.
(a) Clarification of Citizenship at Birth.--Section 301 of the
Immigration and Nationality Act (8 U.S.C. 1401) is amended by adding at
the end the following:
``(i) For purposes of subsection (a), a person born in the United
States shall be considered `subject to the jurisdiction thereof' only
if, at the time of the person's birth, at least 1 parent of the person
was--
``(1) a citizen or national of the United States; or
``(2) an alien lawfully admitted for permanent residence.
``(j) For purposes of any Federal right, privilege, documentation,
or benefit for which citizenship under subsection (a) is material,
proof of birth in the United States shall not, standing alone, be
conclusive evidence of citizenship unless accompanied by objective
evidence, as prescribed by regulation, that the person satisfies
subsection (i).''.
(b) Certificate of Citizenship.--Section 341(a) of such Act (8
U.S.C. 1452(a)) is amended--
(1) in the first sentence, by inserting ``, or who claims
to be a citizen of the United States by virtue of subsection
(a) of section 301, as qualified by subsection (i) of such
section,'' after ``under the provisions of section 303 of this
title''; and
(2) in the second sentence, by striking ``that the
applicant's alleged citizenship was derived as claimed, or
acquired, as the case may be,'' and inserting ``that the
applicant's alleged citizenship was derived, acquired, or
established, as the case may be, under the provision of law
claimed,''.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of
Homeland Security shall jointly prescribe regulations to carry out the
amendments made by this section, including regulations governing
objective evidence of parental citizenship, nationality, or lawful
permanent resident status at the time of birth.
TITLE V--ASYLUM, INSPECTION, DETENTION, AND UNACCOMPANIED ALIEN
CHILDREN
SEC. 501. ASYLUM.
(a) Safe Third Country and Transit Bar.--Section 208(a)(2)(A) of
the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(A)) is
amended--
(1) by striking ``if the Attorney General determines'' and
inserting ``if the Secretary of Homeland Security or the
Attorney General determines--'';
(2) by striking ``that the alien may be removed'' and
inserting the following:
``(i) that the alien may be removed'';
(3) by striking ``, pursuant to a bilateral or multilateral
agreement, to'' and inserting ``to'';
(4) by inserting ``or the Secretary of Homeland Security,
on a case-by-case basis,'' before ``finds that'';
(5) by striking the period at the end and inserting ``;
or''; and
(6) by adding at the end the following:
``(ii) that the alien entered, attempted to
enter, or arrived in the United States after
transiting through at least 1 country outside
of the alien's country of citizenship,
nationality, or last lawful habitual residence
en route to the United States, unless--
``(I) the alien demonstrates that
the alien applied for protection from
persecution or torture in at least 1
country outside of the alien's country
of citizenship, nationality, or last
lawful habitual residence through which
the alien transited en route to the
United States and received a final
judgment denying such protection in
each such country;
``(II) the alien demonstrates that
the alien was a victim of a severe form
of trafficking in persons and, as a
result of such trafficking, was unable
to apply for protection from
persecution or torture in each country
through which the alien transited en
route to the United States; or
``(III) the only countries through
which the alien transited en route to
the United States were, at the time of
transit, not parties to the 1951 United
Nations Convention relating to the
Status of Refugees, the 1967 Protocol
Relating to the Status of Refugees, or
the United Nations Convention against
Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.''.
(b) Pending Employment Authorization.--Section 208(d)(2) of such
Act (8 U.S.C. 1158(d)(2)) is amended to read as follows:
``(2) Employment.--An applicant for asylum is not entitled
to employment authorization, and employment authorization may
not be granted solely on the basis of a pending application for
asylum under this section.''.
(c) Asylum Filing Fee.--Section 208(d)(3) of such Act (8 U.S.C.
1158(d)(3)) is amended to read as follows:
``(3) Fees.--The fee for filing an application for asylum
under this section shall be $500. The Attorney General shall
impose fees for employment authorization under this section and
for adjustment of status under section 209(b). Nothing in this
paragraph shall be construed to limit the authority of the
Attorney General to set additional adjudication and
naturalization fees in accordance with section 286(m).''.
(d) Conforming Amendment Relating to Unaccompanied Alien
Children.--Section 208(a)(2)(E) of such Act (8 U.S.C. 1158(a)(2)(E)) is
amended by striking ``Subparagraphs (A) and (B)'' and inserting
``Subparagraph (B)''.
(e) Jurisdiction of Asylum Applications Filed by Unaccompanied
Alien Children.--Section 208(b)(3) of such Act (8 U.S.C. 1158(b)(3)) is
amended by striking subparagraph (C).
(f) Additional Consequence for Frivolous Applications.--Section
208(d)(6) of such Act (8 U.S.C. 1158(d)(6)) is amended by inserting ``,
and, if the alien is ordered removed, may not be admitted to the United
States during the 10-year period beginning on the date of the alien's
departure or removal'' before the period at the end.
SEC. 502. CREDIBLE FEAR AND EXPEDITED REMOVAL.
(a) Higher Credible Fear Standard.--Section 235(b)(1)(B)(v) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended
to read as follows:
``(v) Credible fear of persecution
defined.--For purposes of this subparagraph,
the term `credible fear of persecution' means
that, taking into account the credibility of
the statements made by the alien in support of
the alien's claim, as determined pursuant to
section 208(b)(1)(B)(iii), and such other facts
as are known to the officer, the alien more
likely than not could establish eligibility for
asylum under section 208, and, more likely than
not, the statements made by, and on behalf of,
the alien in support of the alien's claim are
true.''.
(b) Recording and Quality Assurance.--
(1) In general.--Section 235(b)(1)(B) of such Act (8 U.S.C.
1225(b)(1)(B)) is amended by adding at the end the following:
``(vi) Recording and quality assurance.--
The Secretary of Homeland Security shall--
``(I) establish quality-assurance
procedures to ensure, to the maximum
extent practicable, that questions
asked by employees of the Department of
Homeland Security exercising expedited-
removal authority under this section
are asked in a uniform manner and that
both such questions and the answers
provided in response are recorded in a
uniform manner;
``(II) provide to immigration
officers exercising decision-making
authority in interviews under this
subparagraph a checklist of standard
questions and concepts to be addressed
in all such interviews;
``(III) require that such
checklists be routinely updated to
reflect relevant changes in law and
procedure and, at a minimum, require
concise written justifications of the
officer's decision whether credible
fear of persecution was or was not
established;
``(IV) where practicable, ensure
that any sworn or signed written
statement taken of an alien as part of
the record of a proceeding under
subparagraph (A) is accompanied by a
recording of the interview that served
as the basis for that statement;
``(V) ensure that a competent
interpreter, not affiliated with the
government of the country from which
the alien may claim asylum, is used
when the interviewing officer does not
speak a language understood by the
alien;
``(VI) ensure that there is an
audio or audiovisual recording of
interviews of aliens subject to
expedited removal under this paragraph;
and
``(VII) include any recording under
subclause (VI) in the record of
proceeding, where practicable, and
permit such recording to be considered
in any further proceeding involving the
alien.''.
(2) Rule of construction.--Nothing in this subsection, or
the amendment made by this subsection, shall be construed to
create any right, benefit, trust, or responsibility, whether
substantive or procedural, enforceable in law or equity by any
party against the United States, its departments, agencies,
instrumentalities, entities, officers, employees, or agents, or
any other person, nor shall such section or amendment be
construed to create any right of review in any administrative,
judicial, or other proceeding.
SEC. 503. FAMILY DETENTION.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended by adding at the end the following:
``(j) Construction.--
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement--
``(A) the detention of any alien child who is not
an unaccompanied alien child shall be governed by
sections 217, 235, 236, and 241 of the Immigration and
Nationality Act (8 U.S.C. 1187, 1225, 1226, 1231); and
``(B) there is no presumption that an alien child
who is not an unaccompanied alien child should not be
detained.
``(2) Family detention.--The Secretary of Homeland Security
shall--
``(A) maintain the care and custody of any alien
who--
``(i) is charged only with a misdemeanor
offense under section 275(a) of the Immigration
and Nationality Act (8 U.S.C. 1325(a)); and
``(ii) entered the United States with the
alien child of such alien, during the period
during which such charge is pending; and
``(B) detain the alien with the alien child of such
alien.
``(3) Alien child defined.--The term `alien child' means an
individual who--
``(A) has not attained 18 years of age; and
``(B) is an alien, as that term is defined in
section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)).''.
(b) Sense of Congress.--It is the sense of Congress that the
amendment made by subsection (a) is intended to satisfy the
requirements of the Settlement Agreement in Flores v. Meese, No. 85-
4544 (C.D. Cal.), as approved by the court on January 28, 1997, with
respect to its interpretation in Flores v. Johnson, 212 F. Supp. 3d 864
(C.D. Cal. 2015), that the agreement applies to accompanied minors.
(c) Preemption of State Licensing Requirements.--Notwithstanding
any other provision of law, judicial determination, consent decree, or
settlement agreement, no State may require that an immigration
detention facility used to detain children who have not attained 18
years of age, or families consisting of 1 or more such children and the
parents or legal guardians of such children, that is located in that
State, be licensed by the State or any political subdivision thereof.
(d) Effective Date.--The amendment made by subsection (a) shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to all actions that occur before, on, or after
such date.
SEC. 504. UNACCOMPANIED ALIEN CHILDREN.
(a) Repatriation and Screening.--Section 235(a) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(8 U.S.C. 1232(a)) is amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking Special
rules for children from contiguous countries and
inserting ``Rules for unaccompanied alien children'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``who is a national or habitual
resident of a country that is contiguous with
the United States'';
(ii) in clause (i), by inserting ``and''
after the semicolon;
(iii) in clause (ii), by striking ``; and''
and inserting a period; and
(iv) by striking clause (iii); and
(C) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``may'';
(ii) in clause (i), by inserting ``may''
before ``permit such child''; and
(iii) in clause (ii), by inserting
``shall'' before ``return such child'';
(2) in paragraph (3), in the paragraph heading, by striking
``other children'' and inserting ``children not meeting
paragraph (2)(a)''; and
(3) in paragraph (5)(D)--
(A) in the matter preceding clause (i), by striking
``, except for an unaccompanied alien child from a
contiguous country subject to exceptions under
subsection (a)(2),'' and inserting ``who does not meet
the criteria listed in paragraph (2)(A)''; and
(B) in clause (i), by inserting before the
semicolon at the end the following: ``, which shall
include a hearing before an immigration judge not later
than 14 days after being screened under paragraph
(4)''.
(b) Custody, Transfer, and Notification.--Section 235(b) of such
Act (8 U.S.C. 1232(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting ``believed
not to meet the criteria listed in subsection
(a)(2)(A)'' before the semicolon at the end; and
(B) in subparagraph (B), by inserting `` and does
not meet the criteria listed in subsection (a)(2)(A)''
before the period at the end; and
(2) by amending paragraph (3) to read as follows:
``(3) Transfers of unaccompanied alien children.--Except in
the case of exceptional circumstances, any department or agency
of the Federal Government that has an unaccompanied alien child
in custody--
``(A) shall, in the case of a child who does not
meet the criteria listed in subsection (a)(2)(A),
transfer the custody of such child to the Secretary of
Health and Human Services not later than 30 days after
determining that such child is an unaccompanied alien
child who does not meet such criteria; and
``(B) may, in the case of a child who meets the
criteria listed in subsection (a)(2)(A), transfer the
custody of such child to the Secretary of Health and
Human Services after determining that such child is an
unaccompanied alien child who meets such criteria.''.
(c) Information Sharing and Access to Counsel.--Section 235(c) of
such Act (8 U.S.C. 1232(c)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking the second
sentence and inserting ``Such determination shall, at a
minimum, include verification of the identity of the
proposed custodian, verification of the relationship of
the proposed custodian to the child, if any, collection
of information sufficient to identify and locate the
proposed custodian and assess the suitability of the
proposed placement, and an independent finding that the
proposed custodian has not engaged in any activity that
would indicate a potential risk of abuse, neglect,
maltreatment, exploitation, or trafficking to the
child.'';
(B) in subparagraph (B)--
(i) in the first sentence, by striking
``first'';
(ii) in the second sentence--
(I) by striking ``special needs'';
and
(II) by striking ``sponsor clearly
presents a risk of abuse,
maltreatment'' and inserting
``custodian clearly presents a risk of
abuse, neglect, maltreatment''; and
(iii) in the third sentence, by striking
``on children for whom a home study was
conducted and is authorized to conduct follow-
up services in cases involving children with
mental health or other needs who could benefit
from ongoing assistance from a social welfare
agency'' and inserting ``for each child for
whom a home study was conducted, and may
conduct follow-up services in cases involving
children with mental health needs or other
needs who could benefit from continuing
assistance from a social welfare agency'';
(C) by amending subparagraph (C) to read as
follows:
``(C) Access to information.--Not later than 14
days after receiving a request from the Secretary of
Health and Human Services, the Secretary of Homeland
Security shall provide information necessary to conduct
a safety and suitability assessment from appropriate
Federal, State, and local law enforcement and
immigration databases.''; and
(D) by adding at the end the following:
``(D) Required placement information.--(i) Before
placing a child with an individual, the Secretary of
Health and Human Services shall obtain and provide to
the Secretary of Homeland Security information
regarding the proposed custodian, including--
``(I) the full legal name of the proposed
custodian;
``(II) the date of birth of the proposed
custodian;
``(III) the address of the residence at
which the child will be placed;
``(IV) contact information for the proposed
custodian;
``(V) the relationship of the proposed
custodian to the child, if any;
``(VI) the Social Security number of the
proposed custodian or, if no Social Security
number has been issued to the proposed
custodian, any alien registration number, I-94
number, passport number, or other immigration-
related identifying number of the proposed
custodian; and
``(VII) the immigration status asserted by
the proposed custodian.
``(ii) A child may not be placed with a proposed
custodian unless the Secretary of Health and Human
Services has obtained the information required under
clause (i) and provided that information to the
Secretary of Homeland Security.
``(iii) Not later than 30 days after receiving the
information described in clause (i), the Secretary of
Homeland Security shall, upon determining that the
proposed custodian is unlawfully present in the United
States and is not already in removal proceedings under
chapter 4 of title II of the Immigration and
Nationality Act (8 U.S.C. 1221 et seq.), initiate such
proceedings.
``(iv) The proposed custodian shall be ineligible
to receive placement of a child under this section if
the proposed custodian provides materially false,
fictitious, or fraudulent information under clause (i),
unless the Secretary of Health and Human Services
determines that exceptional circumstances warrant
otherwise.''; and
(2) in paragraph (5), by striking ``have counsel to
represent them'' and inserting ``have access to counsel, at no
expense to the Government, to represent them''.
(d) Effective Date.--The amendments made by this section shall
apply to any unaccompanied alien child (as such term is defined in
section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))
apprehended on or after the date that is 30 days after the date of the
enactment of this Act.
TITLE VI--EMPLOYMENT ELIGIBILITY VERIFICATION AND LABOR PROTECTIONS
SEC. 601. EMPLOYMENT ELIGIBILITY VERIFICATION.
Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Employment Eligibility Verification Process.--
``(1) Identity verification required.--Each person,
employer, or other entity that hires, recruits, or refers
individuals for employment in the United States, at the time of
hiring, shall verify each individual's identity and employment
authorization by examining the required documentation.
``(2) E-verify.--The Secretary of Homeland Security shall
maintain, at no cost to users, an electronic employment
eligibility verification system (referred to in this subsection
as `E-Verify') that--
``(A) allows participating employers to confirm an
individual's identity and lawful status to work in the
United States, as recorded in Department of Homeland
Security and Social Security Administration databases;
``(B) includes a basic verification service that
compares the information from an individual's
employment eligibility documents against Department of
Homeland Security and Social Security Administration
records; and
``(C) an identity authentication service that
confirms the individual's identity for purposes of
fraud prevention and national security.
``(3) Mandatory enrollment.--Each person hiring a new
employee shall enroll in and use E-Verify to confirm each
employee's identity and work authorization not later than the
date on which the relevant employee completes his or her Form
I-9.
``(4) Effect of nonconfirmation.--
``(A) In general.--If E-Verify does not
automatically confirm an individual's authorization to
work, the employer shall--
``(i) treat such individual as
provisionally authorized under this subsection
(as in effect on the date before the enactment
of the ASSIMILATION Act); and
``(ii) notify Department of Homeland
Security of such nonconfirmation within the
period specified in a regulation promulgated
pursuant to paragraph (7).
``(B) Unlawful employment.--An individual who is
not ultimately confirmed by E-Verify shall be deemed to
be unlawfully employed in the United States after the
expiration of the provisional period.
``(5) Penalties for violations.--A person or entity may be
subject to civil or criminal penalties under this section only
for violations related to an individual's identity or work
authorization if the person or entity--
``(A) had actual knowledge of such violation; or
``(B) failed to timely update the employment
verification information upon receiving notice of a
discrepancy.
``(6) Good-faith compliance.--Good-faith compliance with
system procedures (including proper completion of the E-Verify
process) shall be a valid defense to any claim of a paperwork
violation under this section.
``(7) Rulemaking.--The Secretary of Homeland Security shall
promulgate regulations that prescribe appropriate procedures
for operating and using of E-Verify, including measures to
safeguard privacy and to resolve system errors or
mismatches.''; and
(2) by adding at the end the following:
``(i) Enrollment and System Requirements.--
``(1) Registration; compliance.--All employers subject to
subsection (b) shall--
``(A) register with through E-Verify; and
``(B) comply with all applicable E-Verify
requirements for all new hires in the United States.
``(2) Availability.--The Secretary of Homeland Security
shall ensure that--
``(A) E-Verify is available to employers 24 hours
each day; and
``(B) use of E-Verify does not cause significant
delays in the hiring process.
``(3) Notification.--All employers subject to subsection
(b) shall inform employees of the use of E-Verify and the
results of the verification for each such employee, in
accordance with regulations promulgated by the Secretary
pursuant to subsection (b)(7).''.
SEC. 602. H-2A WAGE METHODOLOGY.
Section 218(a) of the Immigration and Nationality Act (8 U.S.C.
1188(a)) is amended by adding at the end the following:
``(3)(A) in determining the wage rates to be paid to H-2A workers
under this subsection, the Secretary of Labor shall use a wage-rate
methodology that ensures--
``(i) such workers are not paid less than a wage rate that
would adversely affect similarly employed United States
workers; and
``(ii) the wage rate for such workers is not less than the
highest of--
``(I) the prevailing wage in the area of intended
employment for the occupation code, as determined under
regulations promulgated by the Secretary of Labor;
``(II) the applicable Federal or State minimum
wage; and
``(III) the average hourly wage paid to United
States workers in the same occupation code and area of
intended employment (based on recent official data),
rounded up to the next whole dollar.
``(B) The Secretary of Labor--
``(i) shall publish the applicable wage rates for each
occupation code and area of intended employment before the
beginning of each agricultural season; and
``(ii) may update such rates at least annually.
``(C) This paragraph may be enforced in the same manner as any
other wage requirements under this section.''.
TITLE VII--CONFORMING AMENDMENTS; REPORTS; EFFECTIVE DATES;
APPLICABILITY; SEVERABILITY
SEC. 701. REPORTS.
Not later than 1 year 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 economic impact, assimilation rates,
and public-charge incidences associated with the amendments made by
this Act.
SEC. 702. EFFECTIVE DATES.
This Act and the amendments made by this Act shall take effect on
the date of enactment of this Act, unless otherwise provided in this
Act.
SEC. 703. APPLICABILITY AND TRANSITION PROVISIONS.
(a) Invalidated Petitions and Applications.--Except as otherwise
expressly provided in this Act, any petition, application, or other
request for immigration status, classification, benefit, or relief
filed under any immigration category, classification, or provision
repealed by this Act is void as of the effective date of the repeal.
(b) Pending Matters.--Except as otherwise expressly provided in
this Act, any petition, application, or other request for immigration
status, classification, benefit, or relief pending on the date of the
enactment of this Act shall be adjudicated, denied, terminated, or
otherwise resolved in accordance with this Act and the amendments made
by this Act.
(c) Previously Issued Visas.--Nothing in this section may be
construed to invalidate a visa issued before the date of the enactment
of this Act unless expressly provided in this Act.
(d) Diversity Immigrant Visas.--In the case of a diversity
immigrant visa under section 203(c) of the Immigration and Nationality
Act (8 U.S.C. 1153(c)), section 202(c) of such Act shall control.
SEC. 704. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance, is held invalid or unconstitutional, the remainder of
this Act, the amendments made by this Act, and the application of the
provisions of such to any other person or circumstance shall not be
affected thereby.
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