[Congressional Record Volume 152, Number 21 (Friday, February 17, 2006)]
[Senate]
[Pages S1464-S1471]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 2326. A bill to provide for immigration reform, and for other 
purposes; to the Committee on the Judiciary.
  Mr. DOMENICI. Mr. President, I rise today to introduce a bill 
regarding immigration: the Welcoming Immigrants to a Secure Homeland 
Act of 2006.
  As a border State Senator and the son of immigrants, I have a unique 
perspective on immigration. I understand the need to provide a secure 
homeland for my constituents who see the problems caused by illegal 
entries into our country every day. I also understand the need to 
welcome immigrants to our country, so that America remains a country 
where hardworking, entrepreneurial, and intelligent immigrants can 
prosper. My perspective is the basis for the WISH Act.
  I believe we can welcome immigrants to a secure homeland by 
addressing five areas.
  First, we must improve security at our international borders. On 
November 17, 2005, I introduced the Border Security and Modernization 
Act of 2005, S. 2049. That bill calls for improvements to our port of 
entry infrastructure, increased Department of Homeland Security, DHS, 
and Department of Justice personnel, new technologies and assets for 
border security, increased detention capacity, and additional Federal 
assistance for States. I believe these actions will provide the 
necessary increased security at our borders.
  Second, we must improve enforcement of our immigration laws. The WISH 
Act addresses this situation by increasing the number of DHS personnel 
who investigate human smuggling laws, employment of immigrants, and 
immigration fraud. My bill also increases penalties for violations of 
immigration laws and provides for a system to verify a worker's 
employment eligibility.
  Third, we must create a new guest worker visa that is easier to 
obtain and lets individuals who want to come to the United States to 
work know that if they are hardworking and industrious, we want them in 
America. The WISH Act creates such a visa, which is valid for up to 9 
years if the guest worker remains employed. After the applicant has 
worked in the United States for 6 of those years, he or she may apply 
for permanent resident status. An applicant's spouse and unmarried 
minor children may be admitted to the United States with the guest 
worker. To ensure that such visas are issued only to legitimate guest 
workers, my bill requires applicants to provide information on his or 
her criminal history, gang membership, immigration history, and 
involvement with groups that have engaged in terrorist acts, genocide, 
persecution, or plans to overthrow the United States. It also provides 
for the completion of all necessary background checks.

  Fourth, we must account for the millions of undocumented aliens 
residing in the United States. I believe that the vast majority of 
these aliens are honest, hard-working individuals who are contributing 
to our country in positive ways, so the WISH Act allows them to obtain 
the guest worker visa I just mentioned without leaving the United 
States if he or she pays a fine. This will allow for these aliens, and 
their immediate families, to remain in the country doing the work they 
already do. In order to provide for their timely and orderly transition 
into legal guests, my bill requires undocumented aliens to apply for 
this visa or leave the United States. Failure to take one of those 
actions means they will be removed from the United States and will be 
unable to return. For aliens who have been working in the United States 
for at least 5 years before enactment of the WISH Act, my bill allows 
them to apply for any visa, adjustment of status, or immigration 
benefit except adjustment of status to that of a permanent resident 
after they have worked as legal guests for 5 years. However, such 
applications may not be granted until the alien has returned to his 
home country.
  Lastly, we must create a more welcoming environment for students and 
visitors to our country. Before the horrific events of September 11, 
2001, the United States was a preferred place for foreign students to 
attend school. This

[[Page S1465]]

was beneficial to our country because students came to the United 
States to study, but they stayed here to work. They did business with 
colleagues they met at U.S. schools. Our country was obtaining some of 
the most brilliant minds not only from within our borders but from 
across the world. Unfortunately, restrictions and limitations put on 
visas in recent years have forced many of the business leaders of the 
next generation to attend school in other more welcoming countries. To 
reverse this trend, the WISH Act allows full-time foreign college and 
graduate students to work and travel while studying in the United 
States and provides for foreign students who graduate from a U.S. 
college with honors to stay in the United States to work after 
graduation.
  I am personally involved in this issue both because I represent a 
border State and because I remember the day, when I was 5 or 6 years 
old, that my parents learned that the lawyer who advised them about 
citizenship was wrong and my mother was an illegal alien. Federal 
officials came to our house to arrest my mother while my father was at 
work. It was a frightening situation for my entire family that occurred 
through no fault of my mother, who had lived in America for more than 
30 years as an exemplary citizen and who was told by an attorney that 
she was an American.
  I believe that we can, and must, do our best to prevent situations 
like this from occurring in the future. I believe that the measures in 
the WISH Act, together with the measures in my Border Security and 
Modernization Act, will play an important role in that effort, and I am 
pleased to introduce this bill today.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2326

       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 verifica- tion 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''; and
       (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--

[[Page S1466]]

       (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

[[Page S1467]]

     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; and
       ``(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.

[[Page S1468]]

       ``(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

[[Page S1469]]

     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

[[Page S1470]]

     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; and
       ``(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

[[Page S1471]]

       (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.
                                 ______