How to find ammendment in minimum wage law

Date: Monday, February 05, 2007 9:28 AM

<<<<< JOB DESTRUCTION NEWSLETTER No. 1635 -- 2/05/2007 >>>>>

Many people seem to be having trouble finding the immigration ammendments
within the minimum wage law. That's no surprise because they are difficult
to find. In the last newsletter I gave the instructions below (I found an
error), you must follow them explicitly. I also copied the text of the bill
so you know what you are looking for.

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<<<<< HOW TO FIND 187 IN THE HOUSE >>>>>

1) Go to http://thomas.loc.gov/

2) Search by bill number for "H.R.2" without quotes.

3) Click the link that says:
Fair Minimum Wage Act of 2007 (Introduced in House)[H.R.2.IH]

4) Click: Bill Summary & Status

5) Click: amendments

6) Scroll down to this and click link: "S.AMDT.187 "

7) Click link: S1121

8) Click links to page numbers

NOTE: There may be easier ways to find this stuff. The search engine isn't
very good.

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Item 87 of 128

S.AMDT.187
Amends: H.R.2 , S.AMDT.112
Sponsor: Sen Kerry, John F. [MA] (submitted 1/24/2007) (proposed 1/24/2007)

AMENDMENT PURPOSE:
In the nature of a substitute.

TEXT OF AMENDMENT AS SUBMITTED: CR S1121

STATUS:

1/24/2007:
Amendment SA 187 proposed by Senator Kennedy for Senator Kerry to Amendment
SA 112. (consideration: CR S1044-1045; text: CR S1044)
1/24/2007:
Amendment SA 187 agreed to in Senate by Unanimous Consent.
COSPONSORS(4):

Sen Snowe, Olympia J. [ME] - 1/24/2007
Sen Sununu, John E. [NH] - 1/24/2007
Sen Landrieu, Mary L. [LA] - 1/24/2007
Sen Lieberman, Joseph I. [CT] - 1/24/2007

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NOTE: I only copied the stuff that seems to be about H-1B. There is an
entire page of immigration related legislation.

TEXT OF AMENDMENTS -- (Senate - January 24, 2007)

Sec..1203..Reimbursement of States for pre-conviction costs relating to the
incarceration of illegal aliens.

[Page: S1105] GPO's PDF TITLE III--ESSENTIAL WORKER VISA PROGRAM

Sec..1301..Essential workers.

Sec..1302..Admission of essential workers.

Sec..1303..Employer obligations.

Sec..1304..Protection for workers.

Sec..1305..Market-based numerical limitations.

Sec..1306..Adjustment to lawful permanent resident status.

Sec..1307..Essential Worker Visa Program Task Force.

Sec..1308..Willing worker-willing employer electronic job registry.

Sec..1309..Authorization of appropriations.

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TITLE III--ESSENTIAL WORKER VISA PROGRAM

SEC. 1301. ESSENTIAL WORKERS.

Section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)(H)) is amended--

(1) by striking ``(H) an alien (i)(b)'' and inserting the following:

``(H) an alien--

``(i)(b)'';

(2) by striking ``or (ii)(a)'' and inserting the following:

``(ii)(a)'';

(3) by striking ``or (iii)'' and inserting the following:

``(iii)''; and

(4) by adding at the end the following:

``(v)(a) subject to section 218A, having residence in a foreign

country, which the alien has no intention of abandoning, who is coming
temporarily to the United States to initially perform labor or services
(other than those occupation classifications covered under the provisions
of clause (i)(b) or (ii)(a) or subparagraph (L), (O), (P), or (R)); or.''.

SEC. 1302. ADMISSION OF ESSENTIAL WORKERS.

(a) In General.--Chapter 2 of title II of the Immigration and

Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after
section 218 the following:

``ADMISSION OF TEMPORARY H-5A WORKERS

``Sec. 218A. (a) The Secretary of State may grant a temporary visa to a

nonimmigrant described in section 101(a)(15)(H)(v)(a) who demonstrates an
intent to perform labor or services in the United States (other than those
occupational classifications covered under the provisions of clause (i)(b)
or (ii)(a) of section 101(a)(15)(H) or subparagraph (L), (O), (P), or (R))
of section 101(a)(15).

``(b) Requirements for Admission.--In order to be eligible for

nonimmigrant status under section 101(a)(15)(H)(v)(a), 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)(H)(v).

``(2) EVIDENCE OF EMPLOYMENT.--The alien's evidence of employment shall

be provided through the Employment Eligibility Confirmation System
established under section 274E or in accordance with requirements issued by
the Secretary of State, in consultation with the Secretary of Homeland
Security. In carrying out this paragraph, the Secretary may consider
evidence from employers, employer associations, and labor representatives.

``(3) FEE.--The alien shall pay a $500 application fee to apply for the

visa 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.

[Page: S1108] GPO's PDF ``(c) Grounds of Inadmissibility.--

``(1) IN GENERAL.--In determining an alien's admissibility as a

nonimmigrant under section 101(a)(15)(H)(v)(a)--

``(A) paragraphs (5), (6) (except for subparagraph (E)), (7), (9), and

(10)(B) of section 212(a) may be waived for conduct that occurred before
the date on which the Secure America and Orderly Immigration Act was
introduced;

``(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) subparagraph (A) or (C) of section 212(a)(10) (relating to

polygamists and child abductors);

``(C) for conduct that occurred before the date on which the Secure

America and Orderly Immigration Act was introduced, 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; and

``(D) nothing in this paragraph shall be construed as affecting the

authority of the Secretary of Homeland Security to waive the provisions of
section 212(a).

``(2) WAIVER FINE.--An alien who is granted a waiver under subparagraph

(1) shall pay a $1,500 fine upon approval of the alien's visa application.

``(3) APPLICABILITY OF OTHER PROVISIONS.--Sections 240B(d) and

241(a)(5) shall not apply to an alien who initially seeks admission as a
nonimmigrant under section 101(a)(15)(H)(v)(a).

``(4) RENEWAL OF AUTHORIZED ADMISSION AND SUBSEQUENT ADMISSIONS.--An

alien seeking renewal of authorized admission or subsequent admission as a
nonimmigrant under section 101(a)(15)(H)(v)(a) shall establish that the
alien is not inadmissible under section 212(a).

``(d) Period of Authorized Admission.--

``(1) INITIAL PERIOD.--The initial period of authorized admission as a

nonimmigrant described in section 101(a)(15)(H)(v)(a) shall be 3 years.

``(2) RENEWALS.--The alien may seek an extension of the period

described in paragraph (1) for 1 additional 3-year period.

``(3) LOSS OF EMPLOYMENT.--

``(A) IN GENERAL.--Subject to subsection (c), the period of authorized

admission of a nonimmigrant alien under section 101(a)(15)(H)(v)(a) shall
terminate if the nonimmigrant is unemployed for 45 or more consecutive
days.

``(B) RETURN TO FOREIGN RESIDENCE.--Any alien whose period of

authorized admission terminates under subparagraph (A) shall be required to
return to the country of the alien's nationality or last residence.

``(C) PERIOD OF VISA VALIDITY.--Any alien, whose period of authorized

admission terminates under subparagraph (A), who returns to the country of
the alien's nationality or last residence under subparagraph (B), may
reenter the United States on the basis of the same visa to work for an
employer, if the alien has complied with the requirements of subsection
(b)(1).

``(4) VISITS OUTSIDE UNITED STATES.--

``(A) IN GENERAL.--Under regulations established by the Secretary of

Homeland Security, a nonimmigrant alien under section 101(a)(15)(H)(v)(a)--

``(i) may travel outside of the United States; and

``(ii) may be readmitted without having to obtain a new visa if the

period of authorized admission has not expired.

``(B) EFFECT ON PERIOD OF AUTHORIZED ADMISSION.--Time spent outside the

United States under subparagraph (A) shall not extend the period of
authorized admission in the United States.

``(e) Portability.--A nonimmigrant alien described in this section, who

was previously issued a visa or otherwise provided nonimmigrant status
under section 101(a)(15)(H)(v)(a), may accept new employment with a
subsequent employer.

``(f) Waiver of Rights Prohibited.--A nonimmigrant alien described in

section 101(a)(15)(H)(v)(a) may not be required to waive any rights or
protections under the Secure America and Orderly Immigration Act.

``(g) Change of Address.--An alien having nonimmigrant status described

in section 101(a)(15)(H)(v)(a) shall comply by either electronic or paper
notification with the change of address reporting requirements under
section 265.

``(h) Bar to Future Visas for Violations.--

``(1) IN GENERAL.--Any alien having the nonimmigrant status described

in section 101(a)(15)(H)(v)(a) shall not be eligible to renew such
nonimmigrant status if the alien willfully violates any material term or
condition of such status.

``(2) WAIVER.--The alien may apply for a waiver of the application of

subparagraph (A) for technical violations, inadvertent errors, or
violations for which the alien was not at fault.

``(i) Collection of Fees.--All fees collected under this section shall

be deposited in the Treasury in accordance with section 286(w).''.

(b) Conforming Amendment Regarding Presumption of Nonimmigrant

Status.--Section 214(b) of the Immigration and Nationality Act (8 U.S.C.
1184(b)) is amended by inserting ``(H)(v)(a),'' after ``(H)(i),''.

(c) Clerical Amendment.--The table of contents for the Immigration and

Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the
item relating to section 218 the following:

``Sec..218A..Admission of temporary H-5A workers.''.

SEC. 1303. EMPLOYER OBLIGATIONS.

Employers employing a nonimmigrant described in section

101(a)(15)(H)(v)(a) of the Immigration and Nationality Act, as added by
section 1301, shall comply with all applicable Federal, State, and local
laws, including--

(1) laws affecting migrant and seasonal agricultural workers; and

(2) the requirements under section 274E of such Act, as added by

section 1402.

SEC. 1304. PROTECTION FOR WORKERS.

Section 218A of the Immigration and Nationality Act, as added by

section 1302, is amended by adding at the end the following:

``(h) Application of Labor and Other Laws.--

``(1) DEFINITIONS.--As used in this subsection and in subsections (i)

through (k):

``(A) EMPLOY; EMPLOYEE; EMPLOYER.--The terms `employ', `employee', and

`employer' have the meanings given such terms in section 3 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203).

``(B) FOREIGN LABOR CONTRACTOR.--The term `foreign labor contractor'

means any person who for any compensation or other valuable consideration
paid or promised to be paid, performs any foreign labor contracting
activity.

``(C) FOREIGN LABOR CONTRACTING ACTIVITY.--The term `foreign labor

contracting activity' means recruiting, soliciting, hiring, employing, or
furnishing, an individual who resides outside of the United States for
employment in the United States as a nonimmigrant alien described in
section 101(a)(15)(H)(v)(a).

``(2) COVERAGE.--Notwithstanding any other provision of law--

``(A) a nonimmigrant alien described in section 101(a)(15)(H)(v)(a) is

prohibited from being treated as an independent contractor; and

``(B) no person may treat a nonimmigrant alien described in section

101(a)(15)(H)(v)(a) as an independent contractor.

``(3) APPLICABILITY OF LAWS.--A nonimmigrant alien described in section

101(a)(15)(H)(v)(a) shall not be denied any right or any remedy under
Federal, State, or local labor or employment law that would be applicable
to a United States worker employed in a similar position with the employer
because of the alien's status as a nonimmigrant worker.

``(4) TAX RESPONSIBILITIES.--With respect to each employed nonimmigrant

alien described in section 101(a)(15)(H)(v)(a), an employer shall comply
with all applicable Federal, State, and local tax and revenue laws.

``(5) NONDISCRIMINATION IN EMPLOYMENT.--An employer shall provide

nonimmigrants issued a visa under this section with the same wages,
benefits, and working conditions that are provided by the employer to
United States workers similarly employed in the same occupation and the
same place of employment.

``(6) NO REPLACEMENT OF STRIKING EMPLOYEES.--An employer may not hire a

nonimmigrant alien described in section 101(a)(15)(H)(v)(a) as a
replacement worker if there is a strike or lockout in the course of a labor
dispute in the occupational classification at the place of employment.

``(7) WAIVER OF RIGHTS PROHIBITED.--A nonimmigrant alien described in

section 101(a)(15)(H)(v)(a) may not be required to waive any rights or
protections under the Secure America and Orderly Immigration Act. Nothing
under this provision shall be construed to affect the interpretation of
other laws.

``(8) NO THREATENING OF EMPLOYEES.--It shall be a violation of this

section for an employer who has filed a petition under section 203(b) to
threaten the alien beneficiary of such a petition with withdrawal of the
application, or to withdraw such a petition in retaliation for the
beneficiary's exercise of a right protected by the Secure America and
Orderly Immigration Act.

``(9) WHISTLEBLOWER PROTECTION.--It shall be unlawful for an employer

or a labor contractor of a nonimmigrant alien described in section
101(a)(15)(H)(v)(a) to intimidate, threaten, restrain, coerce, retaliate,
discharge, or in any other manner, discriminate against an employee or
former employee because the employee or former employee--

``(A) discloses information to the employer or any other person that

the employee or former employee reasonably believes demonstrates a
violation of Secure America and Orderly Immigration Act.

``(B) cooperates or seeks to cooperate in an investigation or other

proceeding concerning compliance with the requirements of the Secure
America and Orderly Immigration Act.

``(i) Labor Recruiters.--

``(1) IN GENERAL.--Each employer that engages in foreign labor

contracting activity and each foreign labor contractor shall ascertain and
disclose to each such worker who is recruited for employment the following
information at the time of the worker's recruitment:

``(A) The place of employment.

``(B) The compensation for the employment.

``(C) A description of employment activities.

``(D) The period of employment.

``(E) Any other employee benefit to be provided and any costs to be

charged for each benefit.

``(F) Any travel or transportation expenses to be assessed.

``(G) The existence of any labor organizing effort, strike, lockout, or

other labor dispute at the place of employment.

``(H) The existence of any arrangement with any owner, employer,

foreign contractor, or its agent where such person receives a commission
from the provision of items or services to workers.

``(I) The extent to which workers will be compensated through workers'

compensation, private insurance, or otherwise for injuries or death,
including work related injuries and death, during the period of employment
and, if so, the name of the State workers' compensation insurance carrier
or the name of the policyholder of the private insurance, the name and the
telephone number of each person who must be notified of an injury or death,
and the time period within which such notice must be given.

``(J) Any education or training to be provided or required, including

the nature and cost of such training, who will pay such costs, and whether
the training is a condition of employment, continued employment, or future
employment.

``(K) A statement, in a form specified by the Secretary of Labor,

describing the protections of this Act for workers recruited abroad.

``(2) FALSE OR MISLEADING INFORMATION.--No foreign labor contractor or

employer who engages in foreign labor contracting activity shall knowingly
provide material false or misleading information to any worker concerning
any matter required to be disclosed in paragraph (1).

``(3) LANGUAGES.--The information required to be disclosed under

paragraph (1) shall be provided in writing in English or, as necessary and
reasonable, in the language of the worker being recruited. The Department
of Labor shall make forms available in English, Spanish, and other
languages, as necessary, which may be used in providing workers with
information required under this section.

``(4) FEES.--A person conducting a foreign labor contracting activity

shall not assess any fee to a worker for such foreign labor contracting
activity.

``(5) TERMS.--No employer or foreign labor contractor shall, without

justification, violate the terms of any agreement made by that contractor
or employer regarding employment under this program.

``(6) TRAVEL COSTS.--If the foreign labor contractor or employer

charges the employee for transportation such transportation costs shall be
reasonable.

``(7) OTHER WORKER PROTECTIONS.--

``(A) NOTIFICATION.--Every 2 years, each employer shall notify the

Secretary of Labor of the identity of any foreign labor contractor engaged
by the employer in any foreign labor contractor activity for or on behalf
of the employer.

``(B) REGISTRATION OF FOREIGN LABOR CONTRACTORS.--

``(i) IN GENERAL.--No person shall engage in foreign labor recruiting

activity unless such person has a certificate of registration from the
Secretary of Labor specifying the activities that such person is authorized
to perform. An employer who retains the services of a foreign labor
contractor shall only use those foreign labor contractors who are
registered under this subparagraph.

``(ii) ISSUANCE.--The Secretary shall promulgate regulations to

establish an efficient electronic process for the investigation and
approval of an application for a certificate of registration of foreign
labor contractors not later than 14 days after such application is filed.
Such process shall include requirements under paragraphs (1), (4), and (5)
of section 1812 of title 29, United States Code, an expeditious means to
update registrations and renew certificates and any other requirements the
Secretary may prescribe.

``(iii) TERM.--Unless suspended or revoked, a certificate under this

subparagraph shall be valid for 2 years.

``(iv) REFUSAL TO ISSUE; REVOCATION; SUSPENSION.--In accordance with

regulations promulgated by the Secretary of Labor, the Secretary may refuse
to issue or renew, or may suspend or revoke, a certificate of registration
under this subparagraph. The justification for such refusal, suspension, or
revocation may include the following:

``(I) The application or holder of the certification has knowingly made

a material misrepresentation in the application for such certificate.

``(II) The applicant for or holder of the certification is not the real

party in interest in the application or certificate of registration and the
real party in interest is a person who has been refused issuance or renewal
of a certificate, has had a certificate suspended or revoked, or does not
qualify for a certificate under this paragraph.

``(III) The applicant for or holder of the certification has failed to

comply with the Secure America and Orderly Immigration Act.

``(C) REMEDY FOR VIOLATIONS.--An employer engaging in foreign labor

contracting activity and a foreign labor contractor that violates the
provisions of this subsection shall be subject to remedies for foreign
labor contractor violations under subsections (j) and (k). If a foreign
labor contractor acting as an agent of an employer violates any provision
of this subsection, the employer shall also be subject to remedies under
subsections (j) and (k). An employer that violates a provision of this
subsection relating to employer obligations shall be subject to remedies
under this subsections (j) and (k).

``(D) EMPLOYER NOTIFICATION.--An employer shall notify the Secretary of

Labor any time the employer becomes aware of a violation of this subsection
by a foreign labor recruiter.

``(E) WRITTEN AGREEMENTS.--No foreign labor contractor shall violate

the terms of any written agreements made with an employer relating to any
contracting activity or worker protection under this subsection.

``(F) BONDING REQUIREMENT.--The Secretary of Labor may require a

foreign labor contractor under this subsection to post a bond in an amount
sufficient to ensure the protection of individuals recruited by the foreign
labor contractor. The Secretary may consider the extent to which the
foreign labor contractor has sufficient ties to the United States to
adequately enforce this subsection.

``(j) Enforcement.--

``(1) IN GENERAL.--The Secretary of Labor shall prescribe regulations

for the receipt, investigation, and disposition of complaints by an
aggrieved person respecting a violation of this section.

``(2) DEFINITION.--As used in this subsection, an `aggrieved person' is

a person adversely affected by the alleged violation, including--

``(A) a worker whose job, wages, or working conditions are adversely

affected by the violation; and

``(B) a representative for workers whose jobs, wages, or working

conditions are adversely affected by the violation who brings a complaint
on behalf of such worker.

``(3) FILING DEADLINE.--No investigation or hearing shall be conducted

on a complaint concerning a violation under this section unless the
complaint was filed not later than 12 months after the date of such
violation.

``(4) REASONABLE CAUSE.--The Secretary of Labor shall conduct an

investigation under this subsection if there is reasonable cause to believe
that a violation of this section has occurred. The process established
under this subsection shall provide that, not later than 30 days after a
complaint is filed, the Secretary shall determine if there is reasonable
cause to find such a violation.

``(5) NOTICE AND HEARING.--

``(A) IN GENERAL.--Not later than 60 days after the Secretary of Labor

makes a determination of reasonable cause under paragraph (4), the
Secretary shall issue a notice to the interested parties and offer an
opportunity for a hearing on the complaint, in accordance with section 556
of title 5, United States Code.

``(B) COMPLAINT.--If the Secretary of Labor, after receiving a

complaint under this subsection, does not offer the aggrieved party or
organization an opportunity for a hearing under subparagraph (A), the
Secretary shall notify the aggrieved party or organization of such
determination and the aggrieved party or organization may seek a hearing on
the complaint in accordance with such section 556.

``(C) HEARING DEADLINE.--Not later than 60 days after the date of a

hearing under this paragraph, the Secretary of Labor shall make a finding
on the matter in accordance with paragraph (6).

``(6) ATTORNEYS'

FEES.--A complainant who prevails with respect to a claim under this
subsection shall be entitled to an award of reasonable attorneys' fees and
costs.

``(7) POWER OF THE SECRETARY.--The Secretary may bring an action in any

court of competent jurisdiction--

``(A) to seek remedial action, including injunctive relief;

``(B) to recover the damages described in subsection (k); or

``(C) to ensure compliance with terms and conditions described in

subsection (i).

``(8) SOLICITOR OF LABOR.--Except as provided in section 518(a) of

title 28, United States Code, the Solicitor of Labor may appear for and
represent the Secretary of Labor in any civil litigation brought under this
subsection. All such litigation shall be subject to the direction and
control of the Attorney General.

``(9) PROCEDURES IN ADDITION TO OTHER RIGHTS OF EMPLOYEES.--The rights

and remedies provided to workers under this section are in addition to, and
not in lieu of, any other contractual or statutory rights and remedies of
the workers, and are not intended to alter or affect such rights and
remedies.

``(k) Penalties.--

``(1) IN GENERAL.--If, after notice and an opportunity for a hearing,

the Secretary of Labor finds a violation of subsection (h) or (i), the
Secretary may impose administrative remedies and penalties, including--

``(A) back wages;

``(B) fringe benefits; and

``(C) civil monetary penalties.

``(2) CIVIL PENALTIES.--The Secretary of Labor may impose, as a civil

penalty--

``(A) for a violation of subsection (h)--

``(i) a fine in an amount not to exceed $2,000 per violation per

affected worker;

``(ii) if the violation was willful violation, a fine in an amount not

to exceed $5,000 per violation per affected worker;

``(iii) if the violation was willful and if in the course of such

violation a United States

[Page: S1110] GPO's PDFworker was harmed, a fine in an amount not to
exceed $25,000 per violation per affected worker; and

``(B) for a violation of subsection (i)--

``(i) a fine in an amount not less than $500 and not more than $4,000

per violation per affected worker;

``(ii) if the violation was willful, a fine in an amount not less than

$2,000 and not more than $5,000 per violation per affected worker; and

``(iii) if the violation was willful and if in the course of such

violation a United States worker was harmed, a fine in an amount not less
than $6,000 and not more than $35,000 per violation per affected worker.

``(3) USE OF CIVIL PENALTIES.--All penalties collected under this

subsection shall be deposited in the Treasury in accordance with section
286(w).

``(4) CRIMINAL PENALTIES.--If a willful and knowing violation of

subsection (i) causes extreme physical or financial harm to an individual,
the person in violation of such subsection may be imprisoned for not more
than 6 months, fined not more than $35,000 fine, or both.''.

SEC. 1305. MARKET-BASED NUMERICAL LIMITATIONS.

Section 214(g) of the Immigration and Nationality Act (8 U.S.C.

1184(g)) is amended--

(1) in paragraph (1)--

(A) by striking ``(beginning with fiscal year 1992)'';

(B) in subparagraph (B), by striking the period at the end and

inserting ``; and''; and

(C) by adding at the end the following:

``(C) under section 101(a)(15)(H)(v)(a), may not exceed--

``(i) 400,000 for the first fiscal year in which the program is

implemented;

``(ii) in any subsequent fiscal year--

``(I) if the total number of visas allocated for that fiscal year are

allotted within the first quarter of that fiscal year, then an additional
20 percent of the allocated number shall be made available immediately and
the allocated amount for the following fiscal year shall increase by 20
percent of the original allocated amount in the prior fiscal year;

``(II) if the total number of visas allocated for that fiscal year are

allotted within the second quarter of that fiscal year, then an additional
15 percent of the allocated number shall be made available immediately and
the allocated amount for the following fiscal year shall increase by 15
percent of the original allocated amount in the prior fiscal year;

``(III) if the total number of visas allocated for that fiscal year are

allotted within the third quarter of that fiscal year, then an additional
10 percent of the allocated number shall be made available immediately and
the allocated amount for the following fiscal year shall increase by 10
percent of the original allocated amount in the prior fiscal year;

``(IV) if the total number of visas allocated for that fiscal year are

allotted within the last quarter of that fiscal year, then the allocated
amount for the following fiscal year shall increase by 10 percent of the
original allocated amount in the prior fiscal year; and

``(V) with the exception of the first subsequent fiscal year to the

fiscal year in which the program is implemented, if fewer visas were
allotted the previous fiscal year than the number of visas allocated for
that year and the reason was not due to processing delays or delays in
promulgating regulations, then the allocated amount for the following
fiscal year shall decrease by 10 percent of the allocated amount in the
prior fiscal year.''; and

(2) by adding at the end the following:

``(9)(A) Of the total number of visas allocated for each fiscal year

under paragraph (1)(C)--

``(i) 50,000 visas shall be allocated to qualifying counties; and

``(ii) any of the visas allocated under clause (i) that are not issued

by June 30 of such fiscal year, may be made available to any qualified
applicant.

``(B) In this paragraph, the term `qualifying county' means any county

that--

``(i) that is outside a metropolitan statistical area; and

``(ii) during the 20-year-period ending on the last day of the calendar

year preceding the date of enactment of the Secure America and Orderly
Immigration Act, experienced a net out-migration of inhabitants from the
county of at least 10 percent of the population of the county at the
beginning of such period.

``(10) In allocating visas under this subsection, the Secretary of

State may take any additional measures necessary to deter illegal
immigration.''.

SEC. 1306. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS.

Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is

amended by adding at the end the following:

``(n)(1) For purposes of adjustment of status under subsection (a),

employment-based immigrant visas shall be made available to an alien having
nonimmigrant status described in section 101(a)(15)(H)(v)(a) upon the
filing of a petition for such a visa--

``(A) by the alien's employer; or

``(B) by the alien, if the alien has maintained such nonimmigrant

status in the United States for a cumulative total of 4 years.

``(2) An alien having nonimmigrant status described in section

101(a)(15)(H)(v)(a) may not apply for adjustment of status under this
section unless the alien--

``(A) is physically present in the United States; and

``(B) the alien establishes that the alien--

``(i) meets the requirements of section 312; or

``(ii) is satisfactorily pursuing a course of study to achieve such an

understanding of English and knowledge and understanding of the history and
government of the United States.

``(3) An alien who demonstrates that the alien meets the requirements

of section 312 may be considered to have satisfied the requirements of that
section for purposes of becoming naturalized as a citizen of the United
States under title III.

``(4) Filing a petition under paragraph (1) on behalf of an alien or

otherwise seeking permanent residence in the United States for such alien
shall not constitute evidence of the alien's ineligibility for nonimmigrant
status under section 101(a)(15)(H)(v)(a).

``(5) The limitation under section 302(d) regarding the period of

authorized stay shall not apply to any alien having nonimmigrant status
under section 101(a)(15)(H)(v)(a) if--

``(A) a labor certification petition filed under section 203(b) on

behalf of such alien is pending; or

``(B) an immigrant visa petition filed under section 204(b) on behalf

of such alien is pending.

``(6) The Secretary of Homeland Security shall extend the stay of an

alien who qualifies for an exemption under paragraph (5) in 1-year
increments until a final decision is made on the alien's lawful permanent
residence.

``(7) Nothing in this subsection shall be construed to prevent an alien

having nonimmigrant status described in section 101(a)(15)(H)(v)(a) from
filing an application for adjustment of status under this section in
accordance with any other provision of law.''.

SEC. 1307. ESSENTIAL WORKER VISA PROGRAM TASK FORCE.

(a) Establishment of Task Force.--

(1) IN GENERAL.--There is established a task force to be known as the

Essential Worker Visa Program Task Force (referred to in this section as
the ``Task Force'').

(2) PURPOSES.--The purposes of the Task Force are--

(A) to study the Essential Worker Visa Program (referred to in this

section as the ``Program'') established under this title; and

(B) to make recommendations to Congress with respect to such program.

(3) MEMBERSHIP.--The Task Force shall be composed of 10 members, of

whom--

(A) 1 shall be appointed by the President and shall serve as chairman

of the Task Force;

(B) 1 shall be appointed by the leader of the Democratic Party in the

Senate, in consultation with the leader of the Democratic Party in the
House of Representatives, and shall serve as vice chairman of the Task
Force;

(C) 2 shall be appointed by the majority leader of the Senate;

(D) 2 shall be appointed by the minority leader of the Senate;

(E) 2 shall be appointed by the Speaker of the House of

Representatives; and

(F) 2 shall be appointed by the minority leader of the House of

Representatives.

(4) QUALIFICATIONS.--

(A) IN GENERAL.--Members of the Task Force shall be--

(i) individuals with expertise in economics, demography, labor,

business, or immigration or other pertinent qualifications or experience;
and

(ii) representative of a broad cross-section of perspectives within the

United States, including the public and private sectors and academia;

(B) POLITICAL AFFILIATION.--Not more than 5 members of the Task Force

may be members of the same political party.

(C) NONGOVERNMENTAL APPOINTEES.--An individual appointed to the Task

Force may not be an officer or employee of the Federal Government or of any
State or local government.

(5) DEADLINE FOR APPOINTMENT.--All members of the Task Force shall be

appointed not later than 6 months after the Program has been implemented.

(6) VACANCIES.--Any vacancy in the Task Force shall not affect its

powers, but shall be filled in the same manner in which the original
appointment was made.

(7) MEETINGS.--

(A) INITIAL MEETING.--The Task Force shall meet and begin the

operations of the Task Force as soon as practicable.

(B) SUBSEQUENT MEETINGS.--After its initial meeting, the Task Force

shall meet upon the call of the chairman or a majority of its members.

(8) QUORUM.--Six members of the Task Force shall constitute a quorum.

(b) Duties.--The Task Force shall examine and make recommendations

regarding the Program, including recommendations regarding--

(1) the development and implementation of the Program;

(2) the criteria for the admission of temporary workers under the

Program;

(3) the formula for determining the yearly numerical limitations of the

Program;

(4) the impact of the Program on immigration;

(5) the impact of the Program on the United States workforce and United

States businesses; and

(6) any other matters regarding the Program that the Task Force

considers appropriate.

(c) Information and Assistance From Federal Agencies.--

(1) INFORMATION FROM FEDERAL AGENCIES.--The Task Force may seek

directly from any Federal department or agency such information, including
suggestions, estimates, and statistics, as the Task Force considers
necessary to carry out the provisions of this section. Upon request of the
Task Force, the head of such department or agency shall furnish such
information to the Task Force.

(2) ASSISTANCE FROM FEDERAL AGENCIES.--The Administrator of General

Services shall, on a reimbursable base, provide the Task Force with
administrative support and other services for the performance of the Task
Force's functions. The departments and agencies of the United States may
provide the Task Force with such services, funds, facilities, staff, and
other support services as they determine advisable and as authorized by
law.

(d) Reports.--

(1) INITIAL REPORT.--Not later than 2 years after the Program has been

implemented, the Task Force shall submit a report to Congress, the
Secretary of State, the Secretary of Labor, and the Secretary of Homeland
Security that contains--

(A) findings with respect to the duties of the Task Force;

(B) recommendations for improving the Program; and

(C) suggestions for legislative or administrative action to implement

the Task Force recommendations.

(2) FINAL REPORT.--Not later than 4 years after the submission of the

initial report under paragraph (1), the Task Force shall submit a final
report to Congress, the Secretary of State, the Secretary of Labor, and the
Secretary of Homeland Security that contains additional findings,
recommendations, and suggestions, as described in paragraph (1).

SEC. 1308. WILLING WORKER-WILLING EMPLOYER ELECTRONIC JOB REGISTRY.

(a) Establishment.--The Secretary of Labor shall direct the

coordination and modification of the national system of public labor
exchange services (commonly known as ``America's Job Bank'') in existence
on the date of enactment of this Act to provide information on essential
worker employment opportunities available to United States workers and
nonimmigrant workers under section 101(a)(15)(H)(v)(a) of the Immigration
and Nationality Act, as added by this Act.

(b) Recruitment of United States Workers.--Before the completion of

evidence of employment for a potential nonimmigrant worker under section
101(a)(15)(H)(v)(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(v)(a), an employer shall attest that the employer has posted
in the Job Registry for not less than 30 days in order to recruit United
States workers. An employer shall maintain records for not less than 1 year
demonstrating why United States workers who applied were not hired.

(c) Oversight and Maintenance of Records.--The Secretary of Labor shall

maintain electronic job registry records, as established by regulation, for
the purpose of audit or investigation.

(d) Access to Job Registry.--

(1) CIRCULATION IN INTERSTATE EMPLOYMENT SERVICE SYSTEM.--The Secretary

of Labor shall ensure that job opportunities advertised on the electronic
job registry established under this section are accessible by the State
workforce agencies, which may further disseminate job opportunity
information to other interested parties.

(2) INTERNET.--The Secretary of Labor shall ensure that the

Internet-based electronic job registry established or approved under this
section may be accessed by workers, employers, labor organizations, and
other interested parties.

SEC. 1309. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of State such

sums as may be necessary to carry out this title and the amendments made by
this title for the period beginning on the date of enactment of this Act
and ending on the last day of the sixth fiscal year beginning after the
effective date of the regulations promulgated by the Secretary to implement
this title.

TITLE IV--ENFORCEMENT

SEC. 1401. DOCUMENT AND VISA REQUIREMENTS.

(a) In General.--Section 221(a) of the Immigration and Nationality Act

(8 U.S.C. 1201(a)) is amended by adding at the end the following:

``(3) Visas and Immigration Related Document Requirements.--

``(A) Visas issued by the Secretary of State and immigration related

documents issued by the Secretary of State or the Secretary of Homeland
Security shall comply with authentication and biometric standards
recognized by domestic and international standards organizations.

``(B) Such visas and documents shall--

``(i) be machine-readable and tamper-resistant;

``(ii) use biometric identifiers that are consistent with the

requirements of section 303 of the Enhanced Border Security and Visa Entry
Reform Act of 2002 (8 U.S.C. 1732), and represent the benefits and status
set forth in such section;

``(iii) comply with the biometric and document identifying standards

established by the International Civil Aviation Organization; and

``(iv) be compatible with the United States Visitor and Immigrant

Status Indicator Technology and the employment verification system
established under section 274E.

``(C) The information contained on the visas or immigration related

documents described in subparagraph (B) shall include--

``(i) the alien's name, date and place of birth, alien registration or

visa number, and, if applicable, social security number;

``(ii) the alien's citizenship and immigration status in the United

States; and

``(iii) the date that such alien's authorization to work in the United

States expires, if appropriate.''.

(b) Effective Date.--The amendment made by subsection (a) shall take

effect on the date that is 6 months after the date of enactment of this
Act.

SEC. 1402. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.

(a) In General.--Chapter 8 of title II of the Immigration and

Nationality Act (8 U.S.C. 1321 et seq.) is amended by inserting after
section 274D the following:

``EMPLOYMENT ELIGIBILITY

``Sec. 274E. (a) Employment Eligibility Confirmation System.--

``(1) IN GENERAL.--The Commissioner of Social Security, in consultation

and coordination with the Secretary of Homeland Security, shall establish
an Employment Eligibility Confirmation System (referred to in this section
as the `System') through which the Commissioner responds to inquiries made
by employers who have hired individuals concerning each individual's
identity and employment authorization.

``(2) MAINTENANCE OF RECORDS.--The Commissioner shall electronically

maintain records by which compliance under the System may be verified.

``(3) OBJECTIVES OF THE SYSTEM.--The System shall--

``(A) facilitate the eventual transition for all businesses from the

employer verification system established in section 274A with the System;

``(B) utilize, as a central feature of the System, machine-readable

documents that contain encrypted electronic information to verify
employment eligibility; and

``(C) provide for the evidence of employment required under section

218A.

``(4) INITIAL RESPONSE.--The System shall provide--

``(A) confirmation or a tentative nonconfirmation of an individual's

identity and employment eligibility not later than 1 working day after the
initial inquiry; and

``(B) an appropriate code indicating such confirmation or tentative

nonconfirmation.

``(5) SECONDARY VERIFICATION PROCESS IN CASE OF TENTATIVE

NONCONFIRMATION.--

``(A) ESTABLISHMENT.--For cases of tentative nonconfirmation, the

Commissioner of Social Security, in consultation and coordination with the
Secretary of Homeland Security, shall establish a secondary verification
process. The employer shall make the secondary verification inquiry not
later than 10 days after receiving a tentative nonconfirmation.

``(B) DISCREPANCIES.--If an employee chooses to contest a secondary

nonconfirmation, the employer shall provide the employee with a referral
letter and instruct the employee to visit an office of the Department of
Homeland Security or the Social Security Administration to resolve the
discrepancy not later than 10 working days after the receipt of such
referral letter in order to obtain confirmation.

``(C) FAILURE TO CONTEST.--An individual's failure to contest a

confirmation shall not constitute knowledge (as defined in section
274a.1(l) of title 8, Code of Federal Regulations.

``(6) DESIGN AND OPERATION OF SYSTEM.--The System shall be designed,

implemented, and operated--

``(A) to maximize its reliability and ease of use consistent with

protecting the privacy and security of the underlying information through
technical and physical safeguards;

``(B) to allow employers to verify that a newly hired individual is

authorized to be employed;

``(C) to permit individuals to--

``(i) view their own records in order to ensure the accuracy of such

records; and

``(ii) contact the appropriate agency to correct any errors through an

expedited process established by the Commissioner of Social Security, in
consultation and coordination with the Secretary of Homeland Security; and

``(D) to prevent discrimination based on national origin or citizenship

status under section 274B.

``(7) UNLAWFUL USES OF SYSTEM.--It shall be an unlawful

immigration-related employment practice--

``(A) for employers or other third parties to use the System

selectively or without authorization;

``(B) to use the System prior to an offer of employment;

``(C) to use the System to exclude certain individuals from

consideration for employment as a result of a perceived likelihood that
additional verification will be required, beyond what is required for most
job applicants;

``(D) to use the System to deny certain employment benefits, otherwise

interfere with the labor rights of employees, or any other unlawful
employment practice; or

``(E) to take adverse action against any person, including terminating

or suspending an employee who has received a tentative nonconfirmation.

[Page: S1112] GPO's PDF ``(b) Employment Eligibility Database.--

``(1) REQUIREMENT.--The Commissioner of Social Security, in

consultation and coordination with the Secretary of Homeland Security and
other appropriate agencies, shall design, implement, and maintain an
Employment Eligibility Database (referred to in this section as the
`Database') as described in this subsection.

``(2) DATA.--The Database shall include, for each individual who is not

a citizen or national of the United States, but is authorized or seeking
authorization to be employed in the United States, the individual's--

``(A) country of origin;

``(B) immigration status;

``(C) employment eligibility;

``(D) occupation;

``(E) metropolitan statistical area of employment;

``(F) annual compensation paid;

``(G) period of employment eligibility;

``(H) employment commencement date; and

``(I) employment termination date.

``(3) REVERIFICATION OF EMPLOYMENT ELIGIBILITY.--The Commissioner of

Social Security shall prescribe, by regulation, a system to annually
reverify the employment eligibility of each individual described in this
section--

``(A) by utilizing the machine-readable documents described in section

221(a)(3); or

``(B) if machine-readable documents are not available, by telephonic or

electronic communication.

``(4) CONFIDENTIALITY.--

``(A) ACCESS TO DATABASE.--No officer or employee of any agency or

department of the United States, other than individuals responsible for the
verification of employment eligibility or for the evaluation of the
employment verification program at the Social Security Administration, the
Department of Homeland Security, and the Department of Labor, may have
access to any information contained in the Database.

``(B) PROTECTION FROM UNAUTHORIZED DISCLOSURE.--Information in the

Database 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.

``(5) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be

appropriated such sums as may be necessary to design, implement, and
maintain the Database.

``(c) Gradual Implementation.--The Commissioner of Social Security, in

coordination with the Secretary of Homeland Security and the Secretary of
Labor shall develop a plan to phase all workers into the Database and phase
out the employer verification system established in section 274A over a
period of time that the Commissioner determines to be appropriate.

``(d) Employer Responsibilities.--Each employer shall--

``(1) notify employees and prospective employees of the use of the

System and that the System may be used for immigration enforcement
purposes;

``(2) verify the identification and employment authorization status for

newly hired individuals described in section 101(a)(15)(H)(v)(a) not later
than 3 days after the date of hire;

``(3) use--

``(A) a machine-readable document described in subsection (a)(3)(B); or

``(B) the telephonic or electronic system to access the Database;

``(4) provide, for each employer hired, the occupation, metropolitan

statistical area of employment, and annual compensation paid;

``(5) retain the code received indicating confirmation or

nonconfirmation, for use in investigations described in section 212(n)(2);
and

``(6) provide a copy of the employment verification receipt to such

employees.

``(e) Good-Faith Compliance.--

``(1) AFFIRMATIVE DEFENSE.--A person or entity that establishes good

faith compliance with the requirements of this section with respect to the
employment of an individual in the United States has established an
affirmative defense that the person or entity has not violated this
section.

``(2) LIMITATION.--Paragraph (1) shall not apply if a person or entity

engages in an unlawful immigration-related employment practice described in
subsection (a)(7).''.

(b) Interim Directive.--Before the implementation of the Employment

Eligibility Confirmation System (referred to in this section as the
``System'') established under section 274E of the Immigration and
Nationality Act, as added by subsection (a), the Commissioner of Social
Security, in coordination with the Secretary of Homeland Security, shall,
to the maximum extent practicable, implement an interim system to confirm
employment eligibility that is consistent with the provisions of such
section.

(c) Reports.--

(1) IN GENERAL.--Not later than 3 months after the last day of the

second year and of the third year that the System is in effect, the
Comptroller General of the United States 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 System.

(2) CONTENTS.--Each report submitted under paragraph (1) shall

include--

(A) an assessment of the impact of the System on the employment of

unauthorized workers;

(B) an assessment of the accuracy of the Employment Eligibility

Database maintained by the Department of Homeland Security and Social
Security Administration databases, and timeliness and accuracy of responses
from the Department of Homeland Security and the Social Security
Administration to employers;

(C) an assessment of the privacy, confidentiality, and system security

of the System;

(D) assess whether the System is being implemented in a

nondiscriminatory manner; and

(E) include recommendations on whether or not the System should be

modified.

SEC. 1403. IMPROVED ENTRY AND EXIT DATA SYSTEM.

Section 110 of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (8 U.S.C. 1365a) is amended--

(1) by striking ``Attorney General'' each place it appears and

inserting ``Secretary of Homeland Security'';

(2) in subsection (b)--

(A) in paragraph (1)(C), by striking ``Justice'' and inserting

``Homeland Security'';

(B) in paragraph (4), by striking ``and'' at the end;

(C) in paragraph (5), by striking the period at the end and inserting

``; and''; and

(D) by adding at the end the following:

``(6) collects the biometric machine-readable information from an

alien's visa or immigration-related document described in section 221(a)(3)
of the Immigration and Nationality Act (8 U.S.C. 1201(a)(3) at the time an
alien arrives in the United States and at the time an alien departs from
the United States to determine if such alien is entering, or is present in,
the United States unlawfully.''; and

(3) in subsection (f)(1), by striking ``Departments of Justice and

State'' and inserting ``Department of Homeland Security and the Department
of State''.

SEC. 1404. DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES.

Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.

1182(n)(2)) is amended--

(1) by redesignating subparagraph (H) as subparagraph (J); and

(2) by inserting after subparagraph (G) the following:

``(H)(i) The Secretary of Labor may initiate an investigation of any

employer that employs nonimmigrants described in section
101(a)(15)(H)(v)(a) if the Secretary, or the Secretary's designee--

``(I) certifies that reasonable cause exists to believe that the

employer is out of compliance with the Secure America and Orderly
Immigration Act or section 274E; and

``(II) approves the commencement of the investigation.

``(ii) In determining whether reasonable cause exists to initiate an

investigation under this section, the Secretary shall--

``(I) monitor the Willing Worker-Willing Employer Electronic Job

Registry;

``(II) monitor the Employment Eligibility Confirmation System, taking

into consideration whether--

``(aa) an employer's submissions to the System generate a high volume

of tentative nonconfirmation responses relative to other comparable
employers;

``(bb) an employer rarely or never screens hired individuals;

``(cc) individuals employed by an employer rarely or never pursue a

secondary verification process as established in section 274E; or

``(dd) any other indicators of illicit, inappropriate or discriminatory

use of the System, especially those described in section 274E(a)(6)(D),
exist; and

``(III) consider any additional evidence that the Secretary determines

appropriate.

``(iii) Absent other evidence of noncompliance, an investigation under

this subparagraph should not be initiated for lack of completeness or
obvious inaccuracies by the employer in complying with section
101(a)(15)(H)(v)(a).''.

SEC. 1405. PROTECTION OF EMPLOYMENT RIGHTS.

The Secretary and the Secretary of Homeland Security shall establish a

process under which a nonimmigrant worker described in clause (ii)(b) or
(v)(a) of section 101(a)(15)(H) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)) who files a nonfrivolous complaint regarding a
violation of this section and is otherwise eligible to remain and work in
the United States may be allowed to seek other appropriate employment in
the United States with an employer for a period not to exceed the maximum
period of stay authorized for that nonimmigrant classification.

SEC. 1406. INCREASED FINES FOR PROHIBITED BEHAVIOR.

Section 274B(g)(2)(B)(iv) of the Immigration and Nationality Act (8

U.S.C. 1324b(g)(2)(B)(iv)) is amended--

(1) in subclause (I), by striking ``not less than $250 and not more

than $2,000'' and inserting ``not less than $500 and not more than
$4,000'';

(2) in subclause (II), by striking ``not less than $2,000 and not more

than $5,000'' and inserting ``not less than $4,000 and not more than
$10,000''; and

(3) in subclause (III), by striking ``not less than $3,000 and not more

than $10,000'' and inserting ``not less than $6,000 and not more than
$20,000''.

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