TEXT OF AMENDMENTS -- (Senate - May 25, 2006)
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SA 4188. Mr. SPECTER (for
himself and Mr. Kennedy) proposed an amendment to the bill S. 2611, to
provide for comprehensive immigration reform and for other purposes; as
follows:
On page 8, between lines 20 and
21, insert the following:
(3) DEPUTY UNITED STATES
MARSHALS.--In each of the fiscal years 2007 through 2011, the Attorney
General shall, subject to the availability of appropriations, increase by not
less than 50 the number of positions for full-time active duty Deputy United
States Marshals that investigate criminal matters related to immigration.
(4) RECRUITMENT OF FORMER
MILITARY PERSONNEL.--
(A) IN GENERAL.--The
Commissioner of United States Customs and Border Protection, in conjunction
with the Secretary of Defense or a designee of the Secretary of Defense, shall
establish a program to actively recruit members of the Army, Navy, Air Force,
Marine Corps, and Coast Guard who have elected to separate from active duty.
(B) REPORT.--Not later
than 180 days after the date of the enactment of this Act, the Commissioner
shall submit a report on the implementation of the recruitment program
established pursuant to subparagraph (A) to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of Representatives.
On page 9, line 3, strike
``(2)'' and insert the following:
(2) DEPUTY UNITED STATES
MARSHALS.--There are authorized to be appropriated to the Attorney General
such sums as may be necessary for each of the fiscal years 2007 through 2011 to
carry out subsection (a)(3).
(3)
On page 33, between lines 9 and
10, insert the following:
SEC. 117. COOPERATION WITH
THE GOVERNMENT OF
(a) Cooperation Regarding
Border Security.--The Secretary of State, in cooperation with the
Secretary and representatives of Federal, State, and local law enforcement
agencies that are involved in border security and immigration enforcement
efforts, shall work with the appropriate officials from the Government of
Mexico to improve coordination between the United States and Mexico regarding--
(1) improved border security
along the international border between the
(2) the reduction of human
trafficking and smuggling between the
(3) the reduction of drug
trafficking and smuggling between the
(4) the reduction of gang
membership in the
(5) the reduction of violence
against women in the
(6) the reduction of other
violence and criminal activity.
(b) Cooperation Regarding
Education on Immigration Laws.--The Secretary of State, in cooperation
with other appropriate Federal officials, shall work with the appropriate
officials from the Government of Mexico to carry out activities to educate
citizens and nationals of Mexico regarding eligibility for status as a
nonimmigrant under Federal law to ensure that the citizens and nationals are
not exploited while working in the United States.
(c) Cooperation Regarding
Circular Migration.--The Secretary of State, in cooperation with the
Secretary of Labor and other appropriate Federal officials, shall work with the
appropriate officials from the Government of Mexico to improve coordination
between the United States and Mexico to encourage circular migration, including
assisting in the development of economic opportunities and providing job
training for citizens and nationals in Mexico.
(d) Consultation
Requirement.--Federal, State, and local representatives in the United
States shall consult with their counterparts in Mexico concerning the
construction of additional fencing and related border security structures along
the international border between the United States and Mexico, as authorized by
this title, before the commencement of any such construction in order to--
(1) solicit the views of
affected communities;
(2) lessen tensions; and
(3) foster greater
understanding and stronger cooperation on this and other important security
issues of mutual concern.
(e) Annual Report.--Not
later than 180 days after the date of enactment of this Act, and annually
thereafter, the Secretary of State shall submit to Congress a report on the
actions taken by the
On page 51, line 12, strike ``
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555''.
On page 53, between lines 3 and
4, strike ``
554'' and insert ``
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On page 53, between lines 14
and 15, insert the following:
SEC. 134. REPORT ON
INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES
TO SERVE IN THE BUREAU OF CUSTOMS AND BORDER PROTECTION.
(a) Report Required.--Not
later than 60 days after the date of the enactment of this Act, the Secretary
of Homeland Security and the Secretary of Defense shall jointly submit to the
appropriate committees of Congress a report assessing the desirability and
feasibility of offering incentives to covered members and former members of the
Armed Forces for the purpose of encouraging such members to serve in the Bureau
of Customs and Border Protection.
(b) Covered Members and
Former Members of the Armed Forces.--For purposes of this section, covered
members and former members of the Armed Forces are the following:
(1) Members of the reserve
components of the Armed Forces.
(2) Former members of the Armed
Forces within two years of separation from service in the Armed Forces.
(c) Requirements and
Limitations.--
(1) NATURE OF INCENTIVES.--In
considering incentives for purposes of the report required by subsection (a),
the Secretaries shall consider such incentives, whether monetary or otherwise
and whether or not authorized by current law or regulations, as the Secretaries
jointly consider appropriate.
(2) TARGETING OF INCENTIVES.--In
assessing any incentive for purposes of the report, the
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Secretaries shall give particular
attention to the utility of such incentive in--
(A) encouraging service in the
Bureau of Customs and Border Protection after service in the Armed Forces by
covered members and former of the Armed Forces who have provided border patrol
or border security assistance to the Bureau as part of their duties as members
of the Armed Forces; and
(B) leveraging military
training and experience by accelerating training, or allowing credit to be
applied to related areas of training, required for service with the Bureau of
Customs and Border Protection.
(3) PAYMENT.--In
assessing incentives for purposes of the report, the Secretaries shall assume
that any costs of such incentives shall be borne by the Department of Homeland
Security.
(d) Elements.--The
report required by subsection (a) shall include the following:
(1) A description of various
monetary and non-monetary incentives considered for purposes of the report.
(2) An assessment of the
desirability and feasibility of utilizing any such incentive for the purpose
specified in subsection (a), including an assessment of the particular utility
of such incentive in encouraging service in the Bureau of Customs and Border
Protection after service in the Armed Forces by covered members and former
members of the Armed Forces described in subsection (c)(2).
(3) Any other matters that the
Secretaries jointly consider appropriate.
(e) Appropriate Committees
of Congress Defined.--In this section, the term ``appropriate committees
of Congress'' means--
(1) the Committees on Armed Services,
Homeland Security and Governmental Affairs, and Appropriations of the Senate;
and
(2) the Committees on Armed
Services, Homeland Security, and Appropriations of the House of
Representatives.
SEC. 135. WESTERN HEMISPHERE
TRAVEL INITIATIVE.
(a) Findings.--Congress
makes the following findings:
(1)
(2) Approximately 27 percent of
(3) In fiscal year 2005, the
Secretary of State issued an estimated 10,100,000 passports, representing an
increase of 15 percent from fiscal year 2004.
(4) The Secretary of State
estimates that 13,000,000 passports will be issued in fiscal year 2006,
16,000,000 passports will be issued in fiscal year 2007, and 17,000,000
passports will be issued in fiscal year 2008.
(b) Extension of Western
Hemisphere Travel Initiative Implementation Deadline.--Section 7209(b)(1)
of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458; 8 U.S.C. 1185 note) is amended by striking ``
(c) Passport Cards.--
(1) AUTHORITY TO ISSUE.--In
order to facilitate travel of
(2) ISSUANCE.--In
accordance with the Western Hemisphere Travel Initiative carried out pursuant
to section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note), the Secretary of State, in
consultation with the Secretary, shall be authorized to issue to a citizen of
the United States who submits an application in accordance with paragraph (5) a
travel document that will serve as a Passport Card.
(3) APPLICABILITY.--A
Passport Card shall be deemed to be a United States passport for the purpose of
United States laws and regulations relating to United States passports.
(4) VALIDITY.--A
Passport Card shall be valid for the same period as a
(5) LIMITATION ON USE.--A
Passport Card may only be used for the purpose of international travel by
(A) the
(B) the
(C) the
(6) APPLICATION FOR ISSUANCE.--To
be issued a Passport Card, a
(7) TECHNOLOGY.--
(A) EXPEDITED TRAVELER
PROGRAMS.--To the maximum extent practicable, a Passport Card shall be
designed and produced to provide a platform on which the expedited traveler
programs carried out by the Secretary, such as NEXUS, NEXUS AIR, SENTRI, FAST,
and
(B) TECHNOLOGY.--The
Secretary and the Secretary of State shall establish a technology
implementation plan that accommodates desired technology requirements of the
Department of State and the Department, allows for future technological
innovations, and ensures maximum facilitation at the northern and southern
borders.
(8) SPECIFICATIONS FOR CARD.--A
Passport Card shall be easily portable and durable. The Secretary of State and
the Secretary shall consult regarding the other technical specifications of the
Card, including whether the security features of the Card could be combined
with other existing identity documentation.
(9) FEE.--
(A) IN GENERAL.--An
applicant for a Passport Card shall submit an application under paragraph (6)
together with a nonrefundable fee in an amount to be determined by the
Secretary of State. Passport Card fees shall be deposited as an offsetting
collection to the appropriate Department of State appropriation, to remain
available until expended.
(B) LIMITATION ON FEES.--
(i) IN GENERAL.--The
Secretary of State shall seek to make the application fee under this paragraph
as low as possible.
(ii) MAXIMUM FEE WITHOUT
CERTIFICATION.--Except as provided in clause (iii), the application fee may
not exceed $24.
(iii) MAXIMUM FEE WITH
CERTIFICATION.--The application fee may be not more than $34 if the
Secretary of State, the Secretary, and the Postmaster General--
(I) jointly certify to Congress
that the cost to produce and issue a Passport Card significantly exceeds $24;
and
(II) provide a detailed cost
analysis for such fee.
(C) REDUCTION OF FEE.--The
Secretary of State shall reduce the fee for a Passport Card for an individual
who submits an application for a Passport Card together with an application for
a
(D) WAIVER OF FEE FOR
CHILDREN.--The Secretary of State shall waive the fee for a Passport Card
for a child under 18 years of age.
(E) AUDIT.--In the event
that the fee for a Passport Card exceeds $24, the Comptroller General of the
(10) ACCESSIBILITY.--In
order to make the Passport Card easily obtainable, an application for a
Passport Card shall be accepted in the same manner and at the same locations as
an application for a
(11) RULE OF CONSTRUCTION.--Nothing
in this section shall be construed as limiting, altering, modifying, or
otherwise affecting the validity of a
(d) State Enrollment
Demonstration Program.--
(1) IN GENERAL.--Notwithstanding
any other provisions of law, the Secretary of State and the Secretary shall
enter into a memorandum of understanding with 1 or more appropriate States to
carry out at least 1 demonstration program as follows:
(A) A State may include an
individual's United States citizenship status on a driver's license which meets
the requirements of section 202 of the REAL ID Act of 2005 (division B of
Public Law 109-13; 49 U.S.C. 30301 note).
(B) The Secretary of State
shall develop a mechanism to communicate with a participating State to verify
the
(C) All information collected
about the individual shall be managed exclusively in the same manner as information
collected through a passport application and no further distribution of such
information shall be permitted.
(D) A State may not require an
individual to include the individual's citizenship status on a driver's
license.
(E) Notwithstanding any other
provision of law, a driver's license which meets the requirements of this
paragraph shall be deemed to be sufficient documentation to permit the bearer
to enter the United States from Canada or Mexico through not less than at least
1 designated international border crossing in each State participating in the
demonstration program.
(2) RULE OF CONSTRUCTION.--Nothing
in this subsection shall have the effect of creating a national identity card.
(3) AUTHORITY TO EXPAND.--The
Secretary of State and the Secretary may expand the demonstration program under
this subsection so that such program is carried out in additional States,
through additional ports of entry, for additional foreign countries, and in a
manner that permits the use of additional types of identification documents to
prove identity under the program.
(4) STUDY.--Not later
than 6 months after the date that the demonstration program under this
subsection is carried out, the Comptroller General of the
(A) the cost of the production
and issuance of documents that meet the requirements of the program compared
with other travel documents;
(B) the impact of the program
on the flow of cross-border traffic and the economic impact of the program; and
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(C) the security of travel
documents that meet the requirements of the program compared with other travel
documents.
(5) RECIPROCITY WITH CANADA.--Notwithstanding
any other provision of law, if the Secretary of State and the Secretary certify
that certain identity documents issued by Canada (or any of its provinces) meet
security and citizenship standards comparable to the requirements described in
paragraph (1), the Secretary may determine that such documents are sufficient
to permit entry into the United States. The Secretary shall work, the to
maximum extent possible, to ensure that identification documents issued by
Canada that are used as described in this paragraph contain the same technology
as identification documents issued by the United States (or any State).
(6) ADDITIONAL PILOT
PROGRAMS.--To the maximum extent possible, the Secretary shall seek to
conduct pilot programs related to Passport Cards and the State Enrollment
Demonstration Program described in this subsection on the international border
between the United States and Canada and the international border between the
United States and Mexico.
(e) Expedited Processing
for Repeat Travelers.--
(1) LAND CROSSINGS.--To
the maximum extent practicable at the United States border with Canada and the
United States border with Mexico, the Secretary shall expand expedited traveler
programs carried out by the Secretary to all ports of entry and should
encourage citizens of the United States to participate in the preenrollment
programs, as such programs assist border control officers of the United States
in the fight against terrorism by increasing the number of known travelers
crossing the border. The identities of such expedited travelers should be
entered into a database of known travelers who have been subjected to in-depth
background and watch-list checks to permit border control officers to focus
more attention on unknown travelers, potential criminals, and terrorists. The
Secretary, in consultation with the appropriate officials of the Government of
Canada, shall equip at least 6 additional northern border crossings with NEXUS
technology and 6 additional southern ports of entry with SENTRI technology.
(2) SEA CROSSINGS.--The
Commissioner of Customs and Border Patrol shall conduct and expand trusted
traveler programs and pilot programs to facilitate expedited processing of
(f) Process for Individuals
Lacking Appropriate Documents.--
(1) IN GENERAL.--The
Secretary shall establish a program that satisfies section 7209 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8
U.S.C. 1185 note)--
(A) to permit a citizen of the
United States who has not been issued a United States passport or other appropriate
travel document to cross the international border and return to the United
States for a time period of not more than 72 hours, on a limited basis, and at
no additional fee; or
(B) to establish a process to
ascertain the identity of, and make admissibility determinations for, a citizen
described in paragraph (A) upon the arrival of such citizen at an international
border of the
(2) GRACE PERIOD.--During
a time period determined by the Secretary, officers of the United States
Customs and Border Patrol may permit citizens of the United States and Canada
who are unaware of the requirements of 7209 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), or
otherwise lacking appropriate documentation, to enter the United States upon a
demonstration of citizenship satisfactory to the officer. Officers of the
United States Customs and Border Patrol shall educate such individuals about
documentary requirements.
(g) Travel by Children.--Notwithstanding
any other provision of law, the Secretary shall develop a procedure to
accommodate groups of children traveling by land across an international border
under adult supervision with parental consent without requiring a
government-issued identity and citizenship document.
(h) Public Promotion.--The
Secretary of State, in consultation with the Secretary, shall develop and
implement an outreach plan to inform United States citizens about the Western
Hemisphere Travel Initiative and the provisions of this Act, to facilitate the
acquisition of appropriate documentation to travel to Canada, Mexico, the
countries located in the Caribbean, and Bermuda, and to educate United States
citizens who are unaware of the requirements for such travel. Such outreach
plan should include--
(1) written notifications
posted at or near public facilities, including border crossings, schools,
libraries, Amtrak stations, and United States Post Offices located within 50
miles of the international border between the United States and Canada or the
international border between the United States and Mexico and other ports of
entry;
(2) provisions to seek consent
to post such notifications on commercial property, such as offices of State
departments of motor vehicles, gas stations, super
(3) the collection and analysis
of data to measure the success of the public promotion plan; and
(4) additional measures as
appropriate.
(i) Certification.--Notwithstanding
any other provision of law, the Secretary may not implement the plan described
in section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 8 U.S.C. 1185 note) until the later of June 1, 2009,
or the date that is 3 months after the Secretary of State and the Secretary
certify to Congress that--
(1)(A) if the Secretary and the
Secretary of State develop and issue Passport Cards under this section--
(i) such cards have been
distributed to at least 90 percent of the eligible United States citizens who
applied for such cards during the 6-month period beginning not earlier than the
date the Secretary of State began accepting applications for such cards and
ending not earlier than 10 days prior to the date of certification;
(ii) Passport Cards are
provided to applicants, on average, within 4 weeks of application or within the
same period of time required to adjudicate a passport; and
(iii) a successful pilot has
demonstrated the effectiveness of the Passport Card; or
(B) if the Secretary and the
Secretary of State do not develop and issue Passport Cards under this section
and develop a program to issue an alternative document that satisfies the
requirements of section 7209 of the Intelligence Reform and Terrorism
Prevention Act of 2004, in addition to the NEXUS, SENTRI, FAST and Border
Crossing Card programs, such alternative document is widely available and well
publicized;
(2)
(3) officers of the Bureau of
Customs and Border Protection have received training and been provided the
infrastructure necessary to accept Passport Cards and all alternative identity
documents at all United States border crossings; and
(4) the outreach plan described
in subsection (g) has been implemented and the Secretary determines such plan
has been successful in providing information to
(j) Authorization of
Appropriations.--There is authorized to be appropriated to the Secretary
of State and the Secretary such sums as may be necessary to carry out this
section, and the amendment made by this section.
On page 54, line 1, strike ``
555'' and insert ``
556''.
On page 55, between lines 4 and
5, strike ``555'' and insert ``556''.
On page 55, line 7, strike
``555'' and insert ``556''.
On page 55, line 15, strike
``554'' and insert ``556''.
On page 55, line 16, strike
``132'' and insert ``142''.
On page 55, line 21, strike
``554'' and insert ``556''.
Beginning on page 78, line 25,
strike ``instituted in the United States District Court for the
On page 81, line 10, insert
``Immigration'' before ``Reform''.
On page 151, between lines 6
and 7, insert the following:
(c) Authorization of
Appropriations.--There is authorized to be appropriated to the Director of
the Federal Bureau of Investigations $3,125,000 for each of fiscal years 2007
through 2011 for improving the speed and accuracy of background and security checks
conducted by the Federal Bureau of Investigations on behalf of the Bureau of
Citizenship and Immigrations Services.
(d) Report on Background
and Security Checks.--
(1) IN GENERAL.--Not
later than 180 days after the date of the enactment of this Act, the Director
of the Federal Bureau of Investigations shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House of
Representatives a report on the background and security checks conducted by the
Federal Bureau of Investigations on behalf of the Bureau of Citizenship and
Immigrations Services
(2) CONTENT.--The report
required under paragraph (1) shall include--
(A) a description of the
background and security check program;
(B) a statistical breakdown of
the background and security check delays associated with different types of
immigration applications;
(C) a statistical breakdown of
the background and security check delays by applicant country of origin; and
(D) the steps the Federal
Bureau of Investigations is taking to expedite background and security checks
that have been pending for more than 60 days.
On page 157, line 18, insert
``of Homeland Security'' after ``Secretary''.
On page 164, line 20, strike
``before, on,'' and insert ``on''.
On page 183, between lines 4
and 5, insert the following:
SEC. 235. EXPANSION OF THE
JUSTICE PRISONER AND ALIEN TRANSFER SYSTEM.
Not later than 60 days after
the date of enactment of this Act, the Attorney General shall issue a directive
to expand the Justice Prisoner and Alien Transfer System (JPATS) so that such
System provides additional services with respect to aliens who are illegally
present in the
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(1) increasing the daily
operations of such System with buses and air hubs in 3 geographic regions;
(2) allocating a set number of
seats for such aliens for each metropolitan area;
(3) allowing metropolitan areas
to trade or give some of seats allocated to them under the System for such
aliens to other areas in their region based on the transportation needs of each
area; and
(4) requiring an annual report
that analyzes of the number of seats that each metropolitan area is allocated
under this System for such aliens and modifies such allocation if necessary.
On page 249, beginning on line
12, strike ``clause (iii)'' and insert ``this subparagraph''.
On page 253, beginning on line
4, strike ``Initial Entry, Adjustment, and Citizenship Assistance Grant Act''
and insert ``Comprehensive Immigration Reform Act''.
On page 253, beginning on line
17, strike ``Initial Entry, Adjustment, and Citizenship Assistance Grant Act''
and insert ``Comprehensive Immigration Reform Act''.
On page 255, strike lines 4
through 7, and insert the following:
``(A) IN GENERAL.--
``(i) PERIOD OF UNEMPLOYMENT.--Subject
to clause (ii) and subsection (c), the period of authorized admission of an
H-2C nonimmigrant shall terminate if the alien is unemployed for 60 or more
consecutive days.
``(ii) EXCEPTION.--The
period of authorized admission of an H-2C nonimmigrant shall not terminate if
the alien is unemployed for 60 or more consecutive days if such unemployment is
caused by--
``(I) a period of physical or
mental disability of the alien or the spouse, son, daughter, or parent (as
defined in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C.
2611)) of the alien;
``(II) a period of vacation,
medical leave, maternity leave, or similar leave from employment authorized by
employer policy, State law, or Federal law; or
``(III) any other period of
temporary unemployment caused by circumstances beyond the control of the alien.
On page 255, line 19, strike
``subsections (b) and (f)(2)'' and insert ``subsection (b)''.
On page 259, strike lines 5
through 8 and insert the following:
``(1) any relief under section
240A(a), 240A(b)(1), or 240B; or
``(2) nonimmigrant status under
section 101(a)(15) (except subparagraphs (T) and (U)).
On page 260, line 18, strike
``may be required to'' and insert ``shall''.
On page 295, line 10, strike
``available'' and insert ``available, subject to the numerical limitations set
out in sections 201(d) and 203(b),''.
On page 316, strike lines 6
through 15 and insert the following:
SEC. 502. COUNTRY LIMITS.
Section 202(a) (8 U.S.C.
1152(a)) is amended by striking ``7 percent (in the case of a single foreign
state) or 2 percent'' and inserting ``10 percent (in the case of a single
foreign state) or 5 percent''.
On page 320, between lines 3
and 4, insert the following:
(c) Special Immigrants Not
Subject to Numerical Limitations.--Section 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A))
is amended by striking ``subparagraph (A) or (B) of ''.
On page 320, line 13, insert ``
AND WIDOWS'' after ``
CHILDREN''.
On page 321, line 5, insert
``or, if married for less than 2 years at the time of the citizen's death,
proves by a preponderance of the evidence that the marriage was entered into in
good faith and not solely for the purpose of obtaining an immigration benefit''
after ``death''.
On page 336, strike line 3 and
all that follows through ``(d)'' on page 337, line 19, and insert the
following:
(B) by striking ``, and'' and
inserting a semicolon; and
(3) by adding at the end the
following:
``(iv) an alien described in
clause (i) who has been accepted and plans to attend an accredited graduate
program in mathematics, engineering, technology, or the sciences in the United
States for the purpose of obtaining an advanced degree; and
``(v) an alien who maintains
actual residence and place of abode in the alien's country of nationality, who
is described in clause (i), except that the alien's actual course of study may
involve a distance learning program, for which the alien is temporarily
visiting the United States for a period not to exceed 30 days.
(b) Creation of J-STEM Visa
Category.--Section 101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended to
read as follows:
``(J) an alien with a residence
in a foreign country that (except in the case of an alien described in clause
(ii)) the alien has no intention of abandoning, who is a bona fide student,
scholar, trainee, teacher, professor, research assistant, specialist, or leader
in a field of specialized knowledge or skill, or other person of similar
description, and who--
``(i) is coming temporarily to
the United States as a participant in a program (other than a graduate program
described in clause (ii)) designated by the Secretary of State, for the purpose
of teaching, instructing or lecturing, studying, observing, conducting
research, consulting, demonstrating special skills, or receiving training and
who, if coming to the United States to participate in a program under which the
alien will receive graduate medical education or training, also meets the
requirements of section 212(j), and the alien spouse and minor children of any
such alien if accompanying the alien or following to join the alien; or
``(ii) has been accepted and
plans to attend an accredited graduate program in the sciences, technology,
engineering, or mathematics in the United States for the purpose of obtaining
an advanced degree.
(c) Admission of
Nonimmigrants.--Section 214(b) (8 U.S.C. 1184(b)) is amended by striking
``subparagraph (L) or (V)'' and inserting ``subparagraph (F)(iv), (J)(ii), (L),
or (V)''.
(d) Requirements for F-
4 or J-STEM Visa.--Section
214(m) (8 U.S.C. 1184(m)) is amended--
``(m) Nonimmigrant
Elementary, Secondary, and Post-Secondary School Students.--''; and
(2) by adding at the end the
following:
``(3) A visa issued to an alien
under subparagraph (F)(iv) or (J)(ii) of section 101(a)(15) shall be valid--
``(A) during the intended
period of study in a graduate program described in such section;
``(B) for an additional period,
not to exceed 1 year after the completion of the graduate program, if the alien
is actively pursuing an offer of employment related to the knowledge and skills
obtained through the graduate program; and
``(C) for the additional period
necessary for the adjudication of any application for labor certification,
employment-based immigrant petition, and application under section 245(a)(2) to
adjust such alien's status to that of an alien lawfully admitted for permanent
residence, if such application for labor certification or employment-based
immigrant petition has been filed not later than 1 year after the completion of
the graduate program.
(e) Waiver of Foreign
Residence Requirement.--Section 212(e) (8 U.S.C. 1182(e)) is amended--
(1) by inserting ``(1)'' before
``No person'';
(2) by striking ``admission (i)
whose'' and inserting the following: ``admission--
``(A) whose
(3) by striking ``residence,
(ii) who'' and inserting the following: ``residence;
``(B) who
(4) by striking ``engaged, or
(iii) who'' and inserting the following: ``engaged; or
``(C) who
(5) by striking ``training,
shall'' and inserting the following: ``training,
``shall
(6) by striking ``
Provided, That upon''
and inserting the following: ``
(7) by striking ``section
214(l): And provided further, That, except'' and inserting the following:
``section 214(l).
``(3) Except''; and
(8) by adding at the end the
following:
``(4) An alien who has been
issued a visa or otherwise provided nonimmigrant status under section
101(a)(15)(J)(ii), or who would have qualified for such nonimmigrant status if
section 101(a)(15)(J)(ii) had been enacted before the completion of such
alien's graduate studies, shall not be subject to the 2-year foreign residency
requirement under this subsection.
(f)
On page 339, line 10, strike
``(e)'' and insert ``(g)''.
On page 340, strike line 12 and
all that follows through ``(f)'' on page 341, line 5, and insert the following:
``(A) the alien has been issued
a visa or otherwise provided nonimmigrant status under subparagraph (J)(ii) or
(F)(iv) of section 101(a)(15), or would have qualified for such nonimmigrant
status if subparagraph (J)(ii) or (F)(iv) of section 101(a)(15) had been
enacted before the completion of such alien's graduate studies;
``(B) the alien has earned an
advanced degree in the sciences, technology, engineering, or mathematics;
``(C) the alien is the
beneficiary of a petition filed under subparagraph (E) or (F) of section
204(a)(1); and
``(D) a fee of $2,000 is
remitted to the Secretary on behalf of the alien.
``(3) LIMITATION.--An
application for adjustment of status filed under this section may not be
approved until an immigrant visa number becomes available.
``(4) FILING IN CASES OF
UNAVAILABLE VISA NUMBERS.--Subject to the limitation described in paragraph
(3), if a supplemental petition fee is paid for a petition under subparagraph
(E) or (F) of section 204(a)(1), an application under paragraph (1) on behalf
of an alien that is a beneficiary of the petition (including a spouse or child
who is accompanying or following to join the beneficiary) may be filed without
regard to the requirement under paragraph (1)(D).
``(5) PENDING APPLICATIONS.--Subject
to the limitation described in paragraph (3), if a petition under subparagraph
(E) or (F) of section 204(a)(1) is pending or approved as of the date of
enactment of this paragraph, on payment of the supplemental petition fee under
that section, the alien that is the beneficiary of the petition may submit an
application for adjustment of status under this subsection without regard to
the requirement under paragraph (1)(D).
``(6) EMPLOYMENT
AUTHORIZATIONS AND ADVANCED PAROLE TRAVEL DOCUMENTATION.--The Attorney
General shall--
``(A) provide to any immigrant
who has submitted an application for adjustment of status under this subsection
not less than 3
[Page: S5263]
increments, the duration of each
of which shall be not less than 3 years, for any applicable employment
authorization or advanced parole travel document of the immigrant; and
``(B) adjust each applicable
fee payment schedule in accordance with the increments provided under
subparagraph (A) so that 1 fee for each authorization or document is required
for each 3-year increment.
(h)
On page 345, between lines 5
and 6, insert the following:
SEC. 510. EXPEDITED
ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS OF EXTRAORDINARY ARTISTIC
ABILITY.
Section 214(c) (8 U.S.C.
1184(c)) is amended--
(1) by striking ``Attorney
General'' each place it appears and inserting ``Secretary of Homeland
Security''; and
(2) in paragraph (6)(D)--
(A) by Striking ``Any person''
and inserting ``(i) Except as provided in clause (ii), any person''; and
(B) adding at the end the
following:
``(ii) The Secretary of
Homeland Security shall adjudicate each petition for an alien with
extraordinary ability in the arts (as described in section 101(a)(15)(O)(i)),
an alien accompanying such an alien (as described in clauses (ii) and (iii) of
section 101(a)(15)(O)), or an alien described in section 101(a)(15)(P) not
later than 30 days after--
``(I) the date on which the
petitioner submits the petition with a written advisory opinion, letter of no
objection, or request for a waiver; or
``(II) the date on which the
15-day period described in clause (i) has expired, if the petitioner has had an
opportunity, as appropriate, to supply rebuttal evidence.
``(iii) If a petition described
in clause (ii) is not adjudicated before the end of the 30-day period described
in clause (ii) and the petitioner is a qualified nonprofit organization or an
individual or entity petitioning primarily on behalf of a qualified nonprofit
organization, the Secretary of Homeland Security shall provide the petitioner
with the premium-processing services referred to in section 286(u), without a
fee.''.
SEC. 511. POWERLINE WORKERS.
Section 214(e) (8 U.S.C.
1184(e)) is amended by adding at the end the following new paragraph:
``(7) A citizen of Canada who
is a powerline worker, who has received significant training, and who seeks
admission to the United States to perform powerline repair and maintenance
services shall be admitted in the same manner and under the same authority as a
citizen of Canada described in paragraph (2).''.
SEC. 512. DETERMINATIONS WITH
RESPECT TO CHILDREN UNDER THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.
(a) In General.--Section
902(d) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255
note) is amended by adding at the end the following:
``(3) DETERMINATIONS WITH
RESPECT TO CHILDREN.--
``(A) USE OF APPLICATION
FILING DATE.--Determinations made under this subsection as to whether an
individual is a child of a parent shall be made using the age and status of the
individual on October 21, 1998.
``(B) APPLICATION SUBMISSION
BY PARENT.--Notwithstanding paragraph (1)(C), an application under this
subsection filed based on status as a child may be filed for the benefit of
such child by a parent or guardian of the child, if the child is physically
present in the United States on such filing date.''.
(b) New Applications and
Motions to Reopen.--
(1) NEW APPLICATIONS.--Notwithstanding
section 902(a)(1)(A) of the Haitian Refugee Immigration Fairness Act of 1998,
an alien who is eligible for adjustment of status under such Act, as amended by
subsection (a), may submit an application for adjustment of status under such
Act not later than the later of--
(A) 2 years after the date of
the enactment of this Act; or
(B) 1 year after the date on
which final regulations implementing this section, and the amendment made by
subsection (a), are promulgated.
(2) MOTIONS TO REOPEN.--The
Secretary shall establish procedures for the reopening and reconsideration of
applications for adjustment of status under the Haitian Refugee Immigration
Fairness Act of 1998 that are affected by the amendment made by subsection (a).
(3) RELATIONSHIP OF
APPLICATION TO CERTAIN ORDERS.--Section 902(a)(3) of the Haitian Refugee
Immigration Fairness Act of 1998 shall apply to an alien present in the United
States who has been ordered excluded, deported, removed, or ordered to depart
voluntarily, and who files an application under paragraph (1) or a motion under
paragraph (2), in the same manner as such section 902(a)(3) applied to aliens
filing applications for adjustment of status under such Act prior to April 1,
2000.
(c) Inadmissibility
Determination.--Section 902 of the Haitian Refugee Immigration Fairness
Act of 1998 (8 U.S.C. 1255 note) is amended in subsections (a)(1)(B) and
(d)(1)(D) by inserting ``(6)(C)(i),'' after ``(6)(A),''.
Subtitle B--SKIL Act
SEC. 521. SHORT TITLE.
This subtitle may be cited as
the ``Securing Knowledge, Innovation, and Leadership Act of 2006'' or the
``SKIL Act of 2006''
SEC. 522. H-1B VISA HOLDERS.
(a) In General.--Section
214(g)(5) (8 U.S.C. 1184(g)(5)) is amended--
(1) in subparagraph (B)--
(A) by striking ``nonprofit
research'' and inserting ``nonprofit'';
(B) by inserting ``Federal,
State, or local'' before ``governmental''; and
(C) by striking ``or'' at the
end;
(2) in subparagraph (C)--
(A) by striking ``a
(B) by striking the period at
the end and inserting a semicolon;
(3) by adding at the end, the
following new subparagraphs:
``(D) has earned a master's or
higher degree from a
``(E) has been awarded medical
specialty certification based on post-doctoral training and experience in the
(b) Applicability.--The
amendments made by subsection (a) shall apply to any petition or visa
application pending on the date of enactment of this Act and any petition or
visa application filed on or after such date.
SEC. 523. MARKET-BASED VISA
LIMITS.
Section 214(g) (8 U.S.C.
1184(g)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding
subparagraph (A), by striking ``(beginning with fiscal year 1992)''; and
(B) in subparagraph (A)--
(i) in clause (vi) by striking
``and'';
(ii) in clause (vii), by
striking ``each succeeding fiscal year; or'' and inserting ``each of fiscal
years 2004, 2005, and 2006;''; and
(iii) by adding after clause
(vii) the following:
``(viii) 115,000 in the first
fiscal year beginning after the date of the enactment of the Securing
Knowledge, Innovation, and Leadership Act of 2006; and
``(ix) the number calculated
under paragraph (9) in each fiscal year after the year described in clause
(viii); or'';
(2) in paragraph (8), by
striking subparagraphs (B)(iv) and (D);
(3) by redesignating paragraphs
(9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and
(4) by inserting after
paragraph (8) the following:
``(9) If the numerical
limitation in paragraph (1)(A)--
``(A) is reached during a given
fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the
subsequent fiscal year shall be equal to 120 percent of the numerical
limitation of the given fiscal year; or
``(B) is not reached during a
given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the
subsequent fiscal year shall be equal to the numerical limitation of the given
fiscal year.''.
SEC. 524. UNITED STATES
EDUCATED IMMIGRANTS.
(a) In General.--Section
201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
``(F) Aliens who have earned a
master's or higher degree from an accredited
``(G) Aliens who have been
awarded medical specialty certification based on post-doctoral training and
experience in the United States preceding their application for an immigrant
visa under section 203(b).
``(H) Aliens who will perform
labor in shortage occupations designated by the Secretary of Labor for blanket
certification under section 212(a)(5)(A) as lacking sufficient United States
workers able, willing, qualified, and available for such occupations and for
which the employment of aliens will not adversely affect the terms and
conditions of similarly employed United States workers.
``(I) Aliens who have earned a
master's degree or higher in science, technology, engineering, or math and have
been working in a related field in the United States in a nonimmigrant status
during the 3-year period preceding their application for an immigrant visa
under section 203(b).
``(J) 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).
``(K) The spouse and minor
children of an alien who is admitted as an employment-based immigrant under
section 203(b).''.
(b) Labor Certifications.--Section
212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) by striking ``or'' at the
end of subclause (I);
(2) by striking the period at
the end of subclause (II) and inserting ``; or''; and
(3) by adding at the end the
following:
``(III) is a member of the
professions and has a master's degree or higher from an accredited
SEC. 525. STUDENT VISA
REFORM.
(a) In General.--
(1) NONIMMIGRANT
CLASSIFICATION.--Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended
to read as follows:
``(F) an alien--
``(i) who--
``(I) is a bona fide student
qualified to pursue a full course of study in mathematics,
[Page: S5264]
engineering, technology, or the
sciences leading to a bachelors or graduate degree and who seeks to enter the
United States for the purpose of pursuing such a course of study consistent
with section 214(m) at an institution of higher education (as defined by
section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in the
United States, particularly designated by the alien and approved by the
Secretary of Homeland Security, after consultation with the Secretary of
Education, which institution or place of study shall have agreed to report to
the Secretary the termination of attendance of each nonimmigrant student, and
if any such institution of learning or place of study fails to make reports
promptly the approval shall be withdrawn; or
``(II) is engaged in temporary
employment for optional practical training related to such alien's area of
study following completion of the course of study described in subclause (I)
for a period or periods of not more than 24 months;
``(ii) who--
``(I) has a residence in a
foreign country which the alien has no intention of abandoning, who is a bona
fide student qualified to pursue a full course of study, and who seeks to enter
the United States temporarily and solely for the purpose of pursuing such a
course of study consistent with section 214(m) at an established college,
university, seminary, conservatory, academic high school, elementary school, or
other academic institution or in a language training program in the United
States, particularly designated by the alien and approved by the Secretary of
Homeland Security, after consultation with the Secretary of Education, which
institution or place of study shall have agreed to report to the Secretary the
termination of attendance of each nonimmigrant student, and if any such
institution of learning or place of study fails to make reports promptly the
approval shall be withdrawn; or
``(II) is engaged in temporary
employment for optional practical training related to such alien's area of
study following completion of the course of study described in subclause (I)
for a period or periods of not more than 24 months;
``(iii) who is the spouse or
minor child of an alien described in clause (i) or (ii) if accompanying or
following to join such an alien; or
``(iv) who--
``(I) is a national of Canada
or Mexico, who maintains actual residence and place of abode in the country of
nationality, who is described in clause (i) or (ii) except that the alien's
qualifications for and actual course of study may be full or part-time, and who
commutes to the United States institution or place of study from Canada or
Mexico; or
``(II) is engaged in temporary
employment for optional practical training related to such the student's area
of study following completion of the course of study described in subclause (I)
for a period or periods of not more than 24 months;''.
(2) ADMISSION.--Section
214(b) (8 U.S.C. 1184(b)) is amended by inserting ``(F)(i),'' before ``(L) or
(V)''.
(3) CONFORMING AMENDMENT.--Section
214(m)(1) (8 U.S.C. 1184(m)(1)) is amended, in the matter preceding
subparagraph (A), by striking ``(i) or (iii)'' and inserting ``(i), (ii), or
(iv)''.
(b) Off Campus Work
Authorization for Foreign Students.--
(1) IN GENERAL.--Aliens
admitted as nonimmigrant students described in section 101(a)(15)(F), as
amended by subsection (a), (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--
(A) the alien has enrolled full
time at the educational institution and is maintaining good academic standing;
(B) the employer provides the
educational institution and the Secretary of Labor with an attestation that the
employer--
(i) has spent at least 21 days
recruiting
(ii) 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
(C) the alien will not be
employed more than--
(i) 20 hours per week during
the academic term; or
(ii) 40 hours per week during
vacation periods and between academic terms.
(2) DISQUALIFICATION.--If
the Secretary of Labor determines that an employer has provided an attestation
under paragraph (1)(B) 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
paragraph (1).
SEC. 526. L-1 VISA HOLDERS
SUBJECT TO VISA BACKLOG.
Section 214(c)(2) (8 U.S.C. 1184(c)(2))
is amended by adding at the end the following new subparagraph:
``(G) The limitations contained
in subparagraph (D) with respect to the duration of authorized stay shall not
apply to any nonimmigrant alien previously issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(L) on whose behalf a petition
under section 204(b) to accord the alien immigrant status under section 203(b),
or an application for labor certification (if such certification is required
for the alien to obtain status under such section 203(b)) has been filed, if
365 days or more have elapsed since such filing. The Secretary of Homeland
Security shall extend the stay of an alien who qualifies for an exemption under
this subparagraph until such time as a final decision is made on the alien's
lawful permanent residence.''.
SEC. 527. RETAINING WORKERS
SUBJECT TO GREEN CARD BACKLOG.
(a) Adjustment of Status.--
(1) IN GENERAL.--Section
245(a) (8 U.S.C. 1255(a)) is amended to read as follows:
``(a) Eligibility.--
``(1) IN GENERAL.--The
status of an alien who was inspected and admitted or paroled into the United
States or the status of any other alien having an approved petition for
classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1) may be adjusted by the Secretary of Homeland Security or the
Attorney General, in the discretion of the Secretary or the Attorney General
under such regulations as the Secretary or Attorney General may prescribe, to
that of an alien lawfully admitted for permanent residence if--
``(A) the alien makes an
application for such adjustment;
``(B) the alien is eligible to
receive an immigrant visa and is admissible to the
``(C) an immigrant visa is
immediately available to the alien at the time the application is filed.
``(2) SUPPLEMENTAL FEE.--An
application under paragraph (1) that is based on a petition approved or
approvable under subparagraph (E) or (F) of section 204(a)(1) may be filed
without regard to the limitation set forth in paragraph (1)(C) if a
supplemental fee of $500 is paid by the principal alien at the time the
application is filed. A supplemental fee may not be required for any dependent
alien accompanying or following to join the principal alien.
``(3) VISA AVAILABILITY.--An
application for adjustment filed under this paragraph may not be approved until
such time as an immigrant visa become available.''.
(b) Use of Fees.--Section
286(v)(1) (8 U.S.C. 1356(v)(1)) is amended by inserting before the period at
the end ``and the fees collected under section 245(a)(2).''.
SEC. 528. STREAMLINING THE
ADJUDICATION PROCESS FOR ESTABLISHED EMPLOYERS.
Section 214(c) (8. U.S.C. 1184)
is amended by adding at the end the following new paragraph:
``(1) Not later than 180 days
after the date of the enactment of the Securing Knowledge, Innovation, and
Leadership Act of 2006, the Secretary of Homeland Security shall establish a
pre-certification procedure for employers who file multiple petitions described
in this subsection or section 203(b). Such precertification procedure shall
enable an employer to avoid repeatedly submitting documentation that is common
to multiple petitions and establish through a single filing criteria relating
to the employer and the offered employment opportunity.''.
SEC. 529. PROVIDING PREMIUM
PROCESSING OF EMPLOYMENT-BASED VISA PETITIONS.
(a) In General.--Pursuant
to section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)),
the Secretary of Homeland Security shall establish and collect a fee for
premium processing of employment-based immigrant petitions.
(b) Appeals.--Pursuant
to such section 286(u), the Secretary of Homeland Security shall establish and
collect a fee for premium processing of an administrative appeal of any
decision on a permanent employment-based immigrant petition.
SEC. 530. ELIMINATING
PROCEDURAL DELAYS IN LABOR CERTIFICATION PROCESS.
(a) Prevailing Wage Rate.--
(1) REQUIREMENT TO PROVIDE.--The
Secretary of Labor shall provide prevailing wage determinations to employers
seeking a labor certification for aliens pursuant to part 656 of title 20, Code
of Federal Regulation (or any successor regulation). The Secretary of Labor may
not delegate this function to any agency of a State.
(2) SCHEDULE FOR
DETERMINATION.--Except as provided in paragraph (3), the Secretary of Labor
shall provide a response to an employer's request for a prevailing wage
determination in no more than 20 calendar days from the date of receipt of such
request. If the Secretary of Labor fails to reply during such 20-day period,
then the wage proposed by the employer shall be the valid prevailing wage rate.
(3) USE OF SURVEYS.--The
Secretary of Labor shall accept an alternative wage survey provided by the
employer unless the Secretary of Labor determines that the wage component of
the Occupational Employment Statistics Survey is more accurate for the
occupation in the labor
(b) Placement of Job Order.--The
Secretary of Labor shall maintain a website with links to the official website
of each workforce agency of a State, and such official website shall contain
instructions on the filing of a job order in order to satisfy the job order
requirements of section 656.17(e)(1) of title 20, Code of Federal Regulation
(or any successor regulation).
(c) Technical Corrections.--The
Secretary of Labor shall establish a process by which employers seeking
certification under section 212(a)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(5)), as amended
[Page: S5265]
by section 524(b), may make
technical corrections to applications in order to avoid requiring employers to
conduct additional recruitment to correct an initial technical error. A
technical error shall include any error that would not have a material effect
on the validity of the employer's recruitment of able, willing, and qualified
(d) Administrative Appeals.--Motions
to reconsider, and administrative appeals of, a denial of a permanent labor
certification application, shall be decided by the Secretary of Labor not later
than 60 days after the date of the filing of such motion or such appeal.
(e) Applications Under
Previous System.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Labor shall process and issue decisions on all
applications for permanent alien labor certification that were filed prior to
March 28, 2005.
(f) Effective Date.--The
provisions of this section shall take effect 90 days after the date of
enactment of this Act, whether or not the Secretary of Labor has amended the
regulations at part 656 of title 20, Code of Federal Regulation to implement
such changes.
SEC. 531. COMPLETION OF
BACKGROUND AND SECURITY CHECKS.
Section 103 (8 U.S.C. 1103) is
amended by adding at the end the following new subsection:
``(i) Requirement for
Background Checks.--Notwithstanding any other provision of law, until
appropriate background and security checks, as determined by the Secretary of
Homeland Security, have been completed, and the information provided to and
assessed by the official with jurisdiction to grant or issue the benefit or
documentation, on an in camera basis as may be necessary with respect to
classified, law enforcement, or other information that cannot be disclosed
publicly, the Secretary of Homeland Security, the Attorney General, or any
court may not--
``(1) grant or order the grant
of adjustment of status of an alien to that of an alien lawfully admitted for
permanent residence;
``(2) grant or order the grant
of any other status, relief, protection from removal, or other benefit under
the immigration laws; or
``(3) issue any documentation
evidencing or related to such grant by the Secretary, the Attorney General, or
any court.
``(j) Requirement to
Resolve Fraud Allegations.--Notwithstanding any other provision of law,
until any suspected or alleged fraud relating to the granting of any status
(including the granting of adjustment of status), relief, protection from
removal, or other benefit under this Act has been investigated and resolved,
the Secretary of Homeland Security and the Attorney General may not be required
to--
``(1) grant or order the grant
of adjustment of status of an alien to that of an alien lawfully admitted for
permanent residence;
``(2) grant or order the grant
of any other status, relief, protection from removal, or other benefit under
the immigration laws; or
``(3) issue any documentation
evidencing or related to such grant by the Secretary, the Attorney General, or
any court.
``(k) Prohibition of
Judicial Enforcement.--Notwithstanding any other provision of law, no
court may require any act described in subsection (i) or (j) to be completed by
a certain time or award any relief for the failure to complete such acts.''.
SEC. 532. VISA REVALIDATION.
(a) In General.--Section
222 (8 U.S.C. 1202) is amended by adding at the end the following:
``(i) The Secretary of State
shall permit an alien granted a nonimmigrant visa under subparagraph E, H, I,
L, O, or P of section 101(a)(15) to apply for a renewal of such visa within the
United States if--
``(1) such visa expired during
the 12-month period ending on the date of such application;
``(2) the alien is seeking a
nonimmigrant visa under the same subparagraph under which the alien had
previously received a visa; and
``(3) the alien has complied
with the immigration laws and regulations of the United States.''.
(b) Conforming Amendment.--Section
222(h) of such Act is amended, in the matter preceding subparagraph (1), by
inserting ``and except as provided under subsection (i),'' after ``Act''.
Subtitle C--Preservation of Immigration Benefits for
Hurricane Katrina Victims
SEC. 541. SHORT TITLE.
This subtitle may be cited as
the ``Hurricane Katrina Victims Immigration Benefits Preservation Act''.
SEC. 542. DEFINITIONS.
In this subtitle:
(1) APPLICATION OF
DEFINITIONS FROM THE IMMIGRATION AND NATIONALITY ACT.--Except as otherwise
specifically provided in this subtitle, the definitions in the Immigration and
Nationality Act shall apply in the administration of this subtitle.
(2) DIRECT RESULT OF A
SPECIFIED HURRICANE DISASTER.--The term ``direct result of a specified
hurricane disaster''--
(A) means physical damage,
disruption of communications or transportation, forced or voluntary evacuation,
business closures, or other circumstances directly caused by Hurricane Katrina
(on or after August 26, 2005) or Hurricane Rita (on or after September 21,
2005); and
(B) does not include collateral
or consequential economic effects in or on the
SEC. 543. SPECIAL IMMIGRANT
STATUS.
(a) Provision of Status.--
(1) IN GENERAL.--For
purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the
Secretary may provide an alien described in subsection (b) with the status of a
special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)),
if the alien--
(A) files with the Secretary a
petition under section 204 of such Act (8 U.S.C. 1154) for classification under
section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
(B) is otherwise eligible to
receive an immigrant visa; and
(C) is otherwise admissible to
the
(2) INAPPLICABLE PROVISION.--In
determining admissibility under paragraph (1)(C), the grounds for
inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C.
1182(a)(4)) shall not apply.
(b) Aliens Described.--
(1) PRINCIPAL ALIENS.--An
alien is described in this subsection if--
(A) the alien was the
beneficiary of--
(i) a petition that was filed
with the Secretary on or before August 26, 2005--
(I) under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) to classify the alien as a
family-sponsored immigrant under section 203(a) of such Act (8 U.S.C. 1153(a))
or as an employment-based immigrant under section 203(b) of such Act (8 U.S.C.
1153(b)); or
(II) under section 214(d) of
such Act (8 U.S.C. 1184(d)) to authorize the issuance of a nonimmigrant visa to
the alien under section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)); or
(ii) an application for labor
certification under section 212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A))
that was filed under regulations of the Secretary of Labor on or before such
date; and
(B) such petition or
application was revoked or terminated (or otherwise rendered null), before or
after its approval, solely due to--
(i) the death or disability of
the petitioner, applicant, or alien beneficiary as a direct result of a
specified hurricane disaster; or
(ii) loss of employment as a
direct result of a specified hurricane disaster.
(2) SPOUSES AND CHILDREN.--
(A) IN GENERAL.--An
alien is described in this subsection if--
(i) the alien, as of August 26,
2005, was the spouse or child of a principal alien described in paragraph (1);
and
(ii) the alien--
(I) is accompanying such
principal alien; or
(II) is following to join such
principal alien not later than August 26, 2007.
(B) CONSTRUCTION.--In
construing the terms ``accompanying'' and ``following to join'' in subparagraph
(A)(ii), the death of a principal alien described in paragraph (1)(B)(i) shall
be disregarded.
(3) GRANDPARENTS OR LEGAL
GUARDIANS OF ORPHANS.--An alien is described in this subsection if the
alien is a grandparent or legal guardian of a child whose parents died as a
direct result of a specified hurricane disaster, if either of the deceased parents
was, as of August 26, 2005, a citizen or national of the United States or an
alien lawfully admitted for permanent residence in the United States.
(c) Priority Date.--Immigrant
visas made available under this section shall be issued to aliens in the order
in which a petition on behalf of each such alien is filed with the Secretary
under subsection (a)(1), except that if an alien was assigned a priority date
with respect to a petition described in subsection (b)(1)(A)(i), the alien may
maintain that priority date.
(d) Numerical Limitations.--In
applying sections 201 through 203 of the Immigration and Nationality Act (8
U.S.C. 1151-1153) in any fiscal year, aliens eligible to be provided status
under this section shall be treated as special immigrants who are not described
in subparagraph (A), (B), (C), or (K) of section 101(a)(27) of such Act (8
U.S.C. 1101(a)(27)).
SEC. 544. EXTENSION OF FILING
OR REENTRY DEADLINES.
(a) Automatic Extension of
Nonimmigrant Status.--
(1) IN GENERAL.--Notwithstanding
section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), an alien
described in paragraph (2) who was lawfully present in the United States as a
nonimmigrant on August 26, 2005, may, unless otherwise determined by the
Secretary in the Secretary's discretion, lawfully remain in the United States
in the same nonimmigrant status until the later of--
(A) the date on which such
lawful nonimmigrant status would have otherwise terminated absent the enactment
of this subsection; or
(B) 1 year after the death or
onset of disability described in paragraph (2).
(2) ALIENS DESCRIBED.--
(A) PRINCIPAL ALIENS.--An
alien is described in this paragraph if the alien was disabled as a direct
result of a specified hurricane disaster.
(B) SPOUSES AND CHILDREN.--An
alien is described in this paragraph if the alien, as of August 26, 2005, was
the spouse or child of--
(i) a principal alien described
in subparagraph (A); or
(ii) an alien who died as a
direct result of a specified hurricane disaster.
(3) AUTHORIZED EMPLOYMENT.--During
the period in which a principal alien or alien spouse is in lawful nonimmigrant
status
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under paragraph (1), the alien may
be provided an ``employment authorized'' endorsement or other appropriate
document signifying authorization of employment.
(b) New Deadlines for Extension or Change of Nonimmigrant St