Border Security, Economic Opportunity, and Immigration Modernization Act. S744 (2013)

This is the online Law and Software edition of the Border Security, Economic Opportunity, and Immigration Modernization Act. Senate Bill SB744 — the bipartisan "Gang of Eight" bill. If you find this resource useful, please share it with others who want to #readthebill. And follow me on twitter for updates.

If you need access to an earlier version of the bill, please contact me

The current version has integrated the Hoeven-Corker amended full text. The HC text changes are shown with a pink background so you can page through the text and quickly see what has changed. (Note: if you don't see a pink background on the previous line, you should clear your cache).

To skim the bill for the amendment changes, start at Section 2 and step through the pages with "Next."

As before, we have "annotation accountability" - the annotations in the text show where amendments have been included, and who proposed them.

The approved amendments (and 2nd degrees) are also summarized in this table of contents by section (not page) number.

Page numbers in this index still refer to the Final PDF (the document starts on page 853) (PDF).

TITLE I. Border Security

TITLE II. Immigrant Visas

TITLE III. Interior Enforcement

TITLE IV. Reforms to Nonimmigrant Visa Programs

TITLE V. Jobs for Youth

This accessible edition for the iPad and modern browsers is integrated with the hoverlinked version of the Immigration and Nationality Act (2011) through over 1000 "hoverlinks" (hover the mouse over links in sections and see). The FAQ is here.

Until the work is complete, this is NOT covered by my usual Creative Commons license. Please let me know of any errors and ommissions.

853.1.. Sec. 2. Statement of congressional findings.
854.13 Sec. 3. Effective date triggers. [+ Grassley1 Leahy4]

860.1.. Sec. 4. Southern Border Security Commission. [+ Grassley1]
864.14 Sec. 5. Comprehensive Southern Border Security Strategy and Southern Border Fencing Strategy.
[+ Flake2 Grassley1 Grassley2 Leahy4]
872.5.. Sec. 6. Comprehensive Immigration Reform Trust Fund.
[+ Grassley1 Grassley5 Sessions36 Leahy4 (NB S36 and L4 conflict)]
890.18 Sec. 7. Reference to the Immigration and Nationality Act.
891.1.. Sec. 8. Definitions.
891.9.. Sec. 9. Grant Accountability. [+Grassley24]


896.19 Sec. 1101. Definitions.
897.11 Sec. 1102. Additional U.S. Customs and Border Protection officers.[+Schumer1]
Amendments to § 1102
Schumer1 (MERGED) (PDF) To make technical amendments. 2101 2102 2109 2211 2232 2302 2304 2308 2403 ~3101 4407 4701 4703

899.4.. Sec. 1103. National Guard support to secure the Southern border.
901.11 Sec. 1104. Enhancement of existing border security operations.
[+Feinstein2 Feinstein7 Feinstein10]
908.13 Sec. 1105. Border security on certain Federal land.
911.10 Sec. 1106. Equipment and technology. [+ Feinstein8 Feinstein11]
912.21 Sec. 1107. Access to emergency personnel.
916.3.. Sec. 1108. Southwest Border Region Prosecution Initiative.
[+Blumenthal10 Feinstein9]
916.23 Sec. 1109. Interagency collaboration.
917.10 Sec. 1110. State Criminal Alien Assistance Program. [+ Feinstein1]
919.3.. Sec. 1111. Use of force.
920.1.. Sec. 1112. Training for border security and immigration enforcement officers.
[+ Feinstein6]
922.15 Sec. 1113. Department of Homeland Security Border Oversight Task Force.
[+ Flake1]
928.1.. Sec. 1114. Immigration ombudsman. [+ Hirono24 Sessions36]
931.11 Sec. 1115. Protection of Family Values in Apprehension Programs.
[+ Hirono23]
NEW.. Sec. 1116. Oversight of Power to Enter Private Land and Stop Vehicles Without a Warrant at the Northern Border.
935.20 Sec. 1117. (was 1116) Reports. [+ Grassley2 ]
937.7.. Sec. 1118. Severability and Delegation.
937.21 Sec. 1119. Prohibition on Land Border Crossing Fees. [+ Leahy1]
938.3.. Sec. 1120. Human Trafficking Reporting. [+ Cornyn6]
941.6.. Sec. 1121. Rule of Construction. [+ Leahy4]
941.10 Sec. 1122. Limitations on dangerous deportation practices [+ Coons2]
NEW.. Sec. 1123. Maximum Allowable Costs of Salaries of Contractor Employees
Extra Section
Coons2 (MERGED) (PDF) (2nd) To limit dangerous deportation practices.


Subtitle B—Other Matters

NEW.. Sec. 1201. Removal of Nonimmigrants who Overstay their Visas.
NEW.. Sec. 1202. Visa Overstay Notification Pilot Program.
NEW.. Sec. 1203. Preventing Unauthorized Immigration Transiting Through Mexico.


Subtitle A—Registration and Adjustment of Registered Provisional Immigrants

943.19  Sec. 2101. Registered provisional immigrant status.
[+ Cornyn4 Flake4 Graham3 Hirono12 Hirono20 Schumer1]
Amendments to § 2101
Cornyn4 (MERGED) (PDF) (2nd) To protect the rights of crime victims.
Flake3 (MERGED) (PDF) (2nd) (Schumer 2nd) To require registered provisional immigrants to undergo national security and law enforcement background checks before such status is renewed.
Flake4 (MERGED)(PDF) To require the Secretary of Health and Human Services to conduct regular audits to ensure that registered provisional immigrants are not receiving Federal means-tested public benefits.
Graham3 (MERGED) (PDF) (2nd) To require additional security screening for certain aliens.
Hirono12 (MERGED) (PDF) To permit the entirety of the penalty payable in connection with application for registered provisional immigrant status to be paid in installments.
Hirono20 (MERGED) (PDF) (2nd) To require the Secretary of Homeland Security to collect certain information, which shall be kept confidential, from applicants for registered provisional immigrant status for the purpose of understanding immigration trends.
See also: Schumer1 (MERGED)

984.4..  Sec. 2102. Adjustment of status of registered provisional immigrants. [+Schumer1]
1000.10 Sec. 2103. The DREAM Act.
[+ Blumenthal12 Hirono21]
Amendments to § 2103
Blumenthal12 (MERGED) (PDF) To permit registered provisional immigrants who have honorably served in the Armed Forces and meet certain other conditions to become naturalized United States citizens.
Hirono21 (MERGED) (PDF) (2nd) To invest in highly motivated college students who came to the U.S. as children, grew up in our churches and schools, and want to contribute to America by earning a college degree, making more money and paying higher taxes, starting businesses, hiring American workers, and spending more to strengthen our economy.

1008.18 Sec. 2104. Additional requirements.
1021.6.. Sec. 2105. Criminal penalty.
1022.4.. Sec. 2106. Grant program to assist eligible applicants.
1025.4.. Sec. 2107. Conforming amendments to the Social Security Act.
1033.1.. Sec. 2108. Government contracting and acquisition of real property interest.
1035.6.. Sec. 2109. Long-term legal residents of the Commonwealth of the Northern Mariana Islands. [+Schumer1]

Amendments to § 2109
See: Schumer1 (MERGED)

1039.10 Sec. 2110. Rulemaking.
1041.3.. Sec. 2111. Statutory construction.

Subtitle B—Agricultural Worker Program

1041.11 Sec. 2201. Short title.
1041.14 Sec. 2202. Definitions.


1043.5.. Sec. 2211. Requirements for blue card status.
[+ Flake3/Schumer Schumer1]
Amendments to § 2211
See Schumer1 (MERGED)

1065.7.. Sec. 2212. Adjustment to permanent resident status.
1076.22 Sec. 2213. Use of information.
1077.5.. Sec. 2214. Reports on blue cards.
1077.20 Sec. 2215. Authorization of appropriations.
1078.3.. Sec. 2221. Correction of social security records.


1079.3.. Sec. 2231. Nonimmigrant classification for nonimmigrant agricultural workers.
1080.4.. Sec. 2232. Establishment of nonimmigrant agricultural worker program. [+Schumer1]
Amendments to § 2232
See: Schumer1 (MERGED)

1141.1.. Sec. 2233. Transition of H-2A Worker Program.
1142.8.. Sec. 2234. Reports to Congress on nonimmigrant agricultural workers.


1143.7.. Sec. 2241. Rulemaking.
1143.19 Sec. 2242. Reports to Congress.
1144.1.. Sec. 2243. Benefits Integrity Program. [+Grassley19]
1146.3.. Sec. 2244. Effective date.

Section at the end of subtitle B of title II
Grassley19 (MERGED) (PDF) To provide for programs to ensure benefits integrity.


Subtitle C—Future Immigration

1146.10 Sec. 2301. Merit-based points track one.
[+ Hirono11 ]
Amendments to § 2301
Hirono11 (MERGED)(PDF) To require the Comptroller General to conduct a study of the merit-based immigration system established under section 203(c) of the Immigration and Nationality Act, as amended by section 2301 of the bill.

1161.14 Sec. 2302. Merit-based track two. [+Schumer1]
Amendments to § 2302
See Schumer1 (MERGED)

1166.3.. Sec. 2303. Repeal of the diversity visa program.
1167.15 Sec. 2304. World-wide levels and recapture of unused immigrant visas.
[+ Flake3/Schumer Schumer1]
Amendments to § 2304
See Schumer1 (MERGED)

1171.14 Sec. 2305. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives.
[+ Leahy3]
Amendments to § 2305
Leahy3 (MERGED) (PDF) To provide work authorization for aliens who are eligible for status as VAWA self-petitioners or for T or U visas while applications for such status or visas are pending. 3406

1196.14 Sec. 2306. Numerical limitations on individual foreign states.
1198.13 Sec. 2307. Allocation of immigrant visas.
1218.13 Sec. 2308. Inclusion of communities adversely affected by a recommendation of the defense base closure and realignment commission as targeted employment areas.
[+ Cornyn8 ]
Amendments to § 2307
Cornyn8 (MERGED) (PDF) (2nd) To ensure that our immigration system encourages investment in communities which have made sacrifices for our men and women in uniform.

1219.3.. Sec. 2309. V nonimmigrant visas. [+Schumer1]
Amendments to § 2308
See: Schumer1 (MERGED)

1222.21 Sec. 2310. Fiancée and fiancé child status protection.
1227.7.. Sec. 2311. Equal treatment for all stepchildren.
1227.11 Sec. 2312. Modification of adoption age requirements.
1228.11 Sec. 2313. Relief for orphans, widows, and widowers.
1233.1.. Sec. 2314. Discretionary authority with respect to removal, deportation or inadmissibility of citizen and resident immediate family members.
Amendments to § 2313
Coons9 (2nd moves it to 3101 - MERGED) (PDF) (2nd) To modify the requirements for cancellation of removal of an alien.

1236.3.. Sec. 2315. Waivers of inadmissibility.
1240.6.. Sec. 2316. Continuous presence.
1240.17 Sec. 2317. Global health care cooperation.
1248.8.. Sec. 2318. Extension and improvement of the Iraqi special immigrant visa program.
1255.1.. Sec. 2319. Extension and improvement of the Afghan special immigrant visa program.
1263.1.. Sec. 2320.Special Immigrant Nonminister Religious Worker Program.[+Leahy2]
Amendments to § 2319
Leahy2 (MERGED)(PDF) To permanently authorize and improve the EB- Visa Program. 4803

.. Sec. 2321. Special immigrant status for certain surviving spouses and children [+Coons3]
1264.7.. Sec. 2322. Reunification of certain families of filipino veterans of World War II. [+Hirono1]
NEW.. Sec. 2323. Ensuring Compliance with Restrictions on Welfare and Public Benefits for Aliens.
Sections at the end of subtitle C of title II
Coons3 (MERGED) (PDF) To amend the Immigration and Nationality Act to provide for special immigrant status for certain spouses and children of employees of the United States Government abroad killed in the line of duty.


Hirono1 (MERGED) (PDF) To exempt children of certain Filipino World War II veterans from the numerical limitations on immigrant visas.


Subtitle D—Conrad State 30 and Physician Access

1265.5.. Sec. 2401. Conrad State 30 Program.
1265.10 Sec. 2402. Retaining physicians who have practiced in medically underserved communities.
1266.16 Sec. 2403. Employment protections for physicians. [+Klobuchar5 Schumer1]
Amendments to § 2403
Klobuchar5 (MERGED) (PDF) (2nd) To allow doctors more time to find employment in an underserved area.
See also: Schumer1 (MERGED)

1271.22 Sec. 2404. Allotment of Conrad 30 waivers.
1274.11 Sec. 2405. Amendments to the procedures, definitions, and other provisions related to physician immigration.

Subtitle E—Integration

1275.24 Sec. 2501. Definitions.


1277.19 Sec. 2511. Office of Citizenship and New Americans.
1282.2.. Sec. 2521. Establishment.
1282.8.. Sec. 2522. Purpose.
1282.16 Sec. 2523. Membership.
1283.20 Sec. 2524. Functions.


1285.19 Sec. 2531. Establishment of United States Citizenship Foundation.
1286.1.. Sec. 2532. Funding.
1286.16 Sec. 2533. Purposes.
1287.1.. Sec. 2534. Authorized activities.
1288.7.. Sec. 2535. Council of directors.
1289.1.. Sec. 2536. Powers.
1289.20 Sec. 2537. Initial Entry, Adjustment, and Citizenship Assistance Grant Program.
1291.17 Sec. 2538. Pilot program to promote immigrant integration at State and local levels.
1296.16 Sec. 2539. Naturalization ceremonies.


1297.8.. Sec. 2541. Authorization of appropriations.


1298.5.. Sec. 2551. Waiver of English requirement for senior new Americans.
1299.20 Sec. 2552. Filing of applications not requiring regular internet access. [+ Grassley2]
1300.14 Sec. 2553. Permissible use of assisted housing by battered immigrants.
[+ Franken9]

Extra Section
Franken9 (MERGED) (PDF) To permit battered immigrants to be eligible to receive certain public and assisted housing.


NEW.. Sec. 2554. United States Citizenship for Internationally Adopted Individuals.
NEW.. Sec. 2555. Treatment of Certain Persons as Having Satisfied English and Civics, Good Moral Character, and Honorable Service and Discharge Requirements for Naturalization.


Subtitle A—Employment Verification System

1301.18 Sec. 3101. Unlawful employment of unauthorized aliens.
[+Schumer1 Coons9 (2nd) Coons1 Franken2 Grassley31,36,38]
Amendments to § 3101
Coons1 (MERGED) (PDF) To require the Secretary to develop protocols to notify individuals that a query for the individual has been processed through the Employment Verification System and to submit other queries.
Franken2 (MERGED) (PDF) (2nd) To enhance the accuracy of the E-Verify System.
Grassley31 (MERGED) (PASSED - strike lines 9-13)(PDF) To require the Director of U.S. Citizenship and Immigration Services to produce a detailed weekly report that contains information about individuals for whom a nonconfirmation was received through the Employment Verification System.
Grassley36 (MERGED) (PDF) To require that an attestation as to an individual's identity for purposes of work authorization under section 274A of the Immigration and Nationality Act be made by the individual's parent or legal guardian.
Grassley38 (MERGED) (PDF) To establish a program that allows parents to limit the use of their children's social security numbers to prevent identity theft.
See also: Schumer1 (MERGED)

1414.17 Sec. 3102. Increasing security and integrity of social security cards.
1420.1.. Sec. 3103. Increasing security and integrity of immigration documents.
1420.9.. Sec. 3104. Responsibilities of the Social Security Administration.
1422.3.. Sec. 3105. Improved prohibition on discrimination based on national origin or citizenship status. [+ Blumenthal18 Coons10]
Amendments to § 3105
Blumenthal18 (MERGED) (PDF) To prohibit withholding of employment records as an unfair immigration-related employment practice.
Coons10 (MERGED) (PDF) (2nd) To provide that individuals authorized to be employed in the United States may not be denied professional, commercial, or business licenses on the basis of immigration status.

1430.1.. Sec. 3106. Rulemaking.

1431.1.. Sec. 3107. Office of the small business and employee advocate. [+Franken4"]

Sections at the end of subtitle A of title III
Franken4 (MERGED) (PDF) (2nd) To provide for the establishment of the Office of the Small Business and Employee Advocate.


Subtitle B—Protecting United States Workers

1437.3.. Sec. 3201. Protections for victims of serious violations of labor and employment law or crime. [+Klobuchar2]
Amendments to § 3201
Klobuchar2 (MERGED) (PDF) To add elder abuse to the list of predicate crimes for U Visas.

1447.6.. Sec. 3202. Employment Verification System Education Funding.
1448.8.. Sec. 3203. Directive to the United States Sentencing Commission.

Subtitle C—Other Provisions

1449.17 Sec. 3301. Funding.
1456.1.. Sec. 3302. Effective date.
1456.5.. Sec. 3303. Mandatory exit system.
[+ Hatch6 Graham2]
Amendments to § 3303
Hatch6 (MERGED) (PDF) (Schumer 2nd) To require the Secretary of Transportation to establish a mandatory biometric exit data system at airports in the United States with the highest volume of international air travel.
Graham2 (MERGED) (PDF) (2nd) To provide for information sharing for visa overstays.

1460.1.. Sec. 3304. Identity-theft resistant manifest information for passengers, crew, and non-crew onboard departing aircraft and vessels.
1465.3.. Sec. 3305. Profiling.
1467.22 Sec. 3306. Enhanced penalties for certain drug offenses on federal lands.
[+ Hatch2]

Extra Sections
Hatch2 (MERGED) (PDF) To impose enhanced penalties for certain drug offenses that take place on Federal property.


Subtitle D—Asylum and Refugee Provisions

1470.18 Sec. 3401. Time limits and efficient adjudication of genuine asylum claims.
1472.15 Sec. 3402. Refugee family protections.
1473.4.. Sec. 3403. Clarification on designation of certain refugees. [+Hatch7]
Amendments to § 3403
Hatch7 (MERGED) (PDF) To terminate certain preferential treatment in immigration of Amerasians.

1476.9.. Sec. 3404. Asylum determination efficiency.
1476.20 Sec. 3405. Stateless persons in the United States.
1484.4.. Sec. 3406. U visa accessibility.
1484.10 Sec. 3407. Work authorization while applications for U and T visas are pending.
New section after § 3406
See Leahy3 (MERGED)

1485.18 Sec. 3408 (was 3407). Representation at overseas refugee interviews.
1487.16 Sec. 3409. Law enforcement and national security checks [+ Feinstein4]
1488.21 Sec. 3410. Tibetan refugee assistance [+ Feinstein3]
New Sections after § 3407
Feinstein4 (MERGED) (PDF) To require background checks to be conducted on all refugees and asylees before they are granted such status.
Feinstein3 (MERGED) (PDF) To provide for the admission to the United States of certain Tibetans.

1490.13 Sec. 3411. Termination of asylum or refugee status [+ Graham1]
1491.13 Sec. 3412. Asylum clock [+ Coons8]
Sections at the end of subtitle D of title III
Graham1 (MERGED) (PDF) (2nd) To provide for termination of asylum or refugee status in cases of country return.


Coons8 (MERGED) (PDF) To ensure asylum applicants receive work authorization within 180 days of filing applications for asylum.


Subtitle E—Shortage of Immigration Court Resources for Removal Proceedings

1491.21 Sec. 3501. Shortage of immigration court personnel for removal proceedings.
1493.1.. Sec. 3502. Improving immigration court efficiency and reducing costs by increasing access to legal information.

Treated as an amendment to § 3502
Coons5 (MERGED)(PDF) To provide aliens in removal proceedings the right to receive a complete copy of certain immigration documents.


1496.15 Sec. 3503. Office of Legal Access Programs.
1498.18 Sec. 3504. Codifying Board of Immigration Appeals.
1500.15 Sec. 3505. Improved training for immigration judges and Board Members.
1502.8.. Sec. 3506. Improved resources and technology for immigration courts and Board of Immigration Appeals.

1504.7.. Sec. 3507. Transfer of responsibility for trafficking protections [+Franken8]

Section at the end of subtitle E of title III
Franken8 (MERGED) (PDF) (2nd) To provide for the transfer of responsibility for trafficking protections.


Subtitle F—Prevention of Trafficking in Persons and Abuses Involving Workers Recruited Abroad

1506.5.. Sec. 3601. Definitions.
1507.9.. Sec. 3602. Disclosure. [+ Blumenthal5]
Amendments to § 3602
Blumenthal5 (MERGED) (PDF) (2nd) To improve the authorities relating to protections against trafficking and abuse involving workers recruited abroad. ~3605 3609

1511.21 Sec. 3603. Prohibition on discrimination.
1512.22 Sec. 3604. Recruitment fees.
1513.3.. Sec. 3605. Registration. [+ Blumenthal5]
Amendments to § 3605
See Blumenthal5 (MERGED)

1519.5.. Sec. 3606. Bonding requirement.
1519.18 Sec. 3607. Maintenance of lists.
1520.19 Sec. 3608. Amendment to the Immigration and Nationality Act.
1521.16 Sec. 3609. Responsibilities of Secretary of State. [+ Blumenthal5]
Amendments to § 3609
See Blumenthal5 (MERGED)

1523.1.. Sec. 3610. Enforcement provisions. [+ Blumenthal3]
Amendments to § 3610
Blumenthal3 (MERGED) (PDF) (2nd) To ensure effective enforcement of protections against trafficking and abuse involving workers recruited abroad.

1531.21 Sec. 3611. Detecting and preventing child trafficking [+Feinstein5]
1532.7.. Sec. 3612. Protecting child trafficking victims [+Hirono22]

1543.8.. Sec. 3613. (Was 3614) Rule of construction.
Amendments to § 3614
Feinstein5 (MERGED)(PDF substitute) To establish a pilot program to deter, detect, and prevent child trafficking.
Hirono22 (MERGED) (PDF) (2nd) To provide for enhanced protections for vulnerable unaccompanied alien children and female detainees.

1543.12 Sec. 3614. Regulations. [+Blumenthal4]
Amendments to § 3615
Blumenthal4 (MERGED) (PDF) To revise the requirements relating to regulations on protections against trafficking and abuse in the recruitment of workers abroad.

Subtitle G—Interior Enforcement

1543.18 Sec. 3701. Criminal street gangs.
1547.13 Sec. 3702. Banning habitual drunk drivers from the United States. [+Grassley44]
Amendments to § 3702
Grassley44 (MERGED) (PDF) (Schumer 2nd) To amend the definition of aggravated felony to include 3 drunk driving convictions.

1549.14 Sec. 3703. Sexual abuse of a minor.
1549.21 Sec. 3704. Illegal entry.
1553.4.. Sec. 3705. Reentry of removed alien.
1558.3.. Sec. 3706. Penalties related to removal.
1559.16 Sec. 3707. Reform of passport, visa, and immigration fraud offenses. [+Lee16,17]
Amendments to § 3707
Lee16 (MERGED) (PDF) (2nd) To preserve the criminal offense of knowing use of a fraudulent immigration document.
Lee17 (MERGED) (PDF) To make attempted misuse of a passport a criminal offense.

1567.1.. Sec. 3708. Combating schemes to defraud aliens.
1568.22 Sec. 3709. Inadmissibility and removal for passport and immigration fraud offenses.
1569.19 Sec. 3710. Directives related to passport and document fraud.
1573.13 Sec. 3711. Inadmissible aliens.
1579.3.. Sec. 3712. Organized and abusive human smuggling activities.
1585.4.. Sec. 3713. Preventing criminals from renouncing citizenship during wartime.
1585.10 Sec. 3714. Diplomatic security service.
1586.1.. Sec. 3715. Secure alternatives programs.
1587.6.. Sec. 3716. Oversight of detention facilities.
1591.22 Sec. 3717. Procedures for bond hearings and filings of notices to appear.[+Blumenthal2]
Amendments to § 3717
Blumenthal2 (MERGED) (PDF) To protect alien detainees from unnecessary or inhumane solitary confinement.

1602.18 Sec. 3718. Sanctions for countries that delay or prevent repatriation of their nationals.
1603.13 Sec. 3719. Gross violations of human rights. [+ Coons12]
Amendments to § 3719
Coons12 (MERGED) (PDF) To deny safe have to foreign human rights violators.
See also: Hatch10

1606.13 Sec. 3720. Reporting and record-keeping requirements relating to the detention of aliens[+ Coons6]
1614.3.. Sec. 3721. Powers of immigration officers and employees at sensitive locations[+ Blumenthal8]

Sections at the end of subtitle G of title III
Blumenthal8 (MERGED) (PDF) (2nd) To clarify the use of immigration enforcement authorities of the Department of Homeland Security at sensitive locations.


Coons6 (MERGED) (PDF) (2nd) To require Federal agencies with responsibility for detained aliens to maintain records on those aliens.


Subtitle H — Protection of Children Affected by Immigration Enforcement

1621.4.. Sec. 3801. Short title [+Franken7]
1621.8.. Sec. 3802. Definitions [+Franken7]
1622.18 Sec. 3803. Apprehension procedures for immigration enforcement-related activities [+Franken7]
1625.21 Sec. 3804. Access to children, state and local courts, child welfare agencies, and consular officials [+Franken7]
1628.3.. Sec. 3805. Mandatory training [+Franken7]
1628.15 Sec. 3806. Rulemaking [+Franken7]
1628.19 Sec. 3807. Severability [+Franken7]
New subtitle H of title III
Franken7 (MERGED) (PDF) To protect children affected by immigration enforcement actions.

This subtitle may be cited as the Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act.

Subtitle I — Providing Tools to Exchange Visitors and Exchange Visitor Sponsors to Protect Exchange Visitor Program Participants and Prevent Trafficking

NEW.. Sec. 3901. Definitions.
NEW.. Sec. 3902. Disclosure.
NEW.. Sec. 3903. Prohibition on Discrimination.
NEW.. Sec. 3904. Fees.
NEW.. Sec. 3905. Annual Notification.
NEW.. Sec. 3906. Bonding Requirement.
NEW.. Sec. 3907. Maintenance of Lists.
NEW.. Sec. 3908. Amendment to the Immigration and Nationality Act.
NEW.. Sec. 3909. Responsibilities of Secretary of State.
NEW.. Sec. 3910. Enforcement Provisions.
NEW.. Sec. 3911. Audits and Transparency.


Subtitle A—Employment-based Nonimmigrant Visas

1629.7.. Sec. 4101. Market-based H–1B visa limits. [+Hatch10/Schumer]
Amendments to § 4101
Hatch10 (MERGED) (PDF) (Hatch-Schumer 2nd) To modify the method for calculating annual H-1B visa limits. 3719

1634.13 Sec. 4102. Employment authorization for dependents of employment-based nonimmigrants.
1636.3.. Sec. 4103. Eliminating impediments to worker mobility.
1639.5.. Sec. 4104. STEM Education and Training.[+ Hatch9/Schumer]
Amendments to § 4104
Hatch9 (MERGED) (PDF) (Schumer 2nd) To increase the labor certification fee required under section 212(a)(5)(A) of the Immigration and Nationality Act and to use these fees to enhance the economic competitiveness of the United States by improving science, technology, engineering, and mathematics education and training in the United States.

1670.19 Sec. 4105. H–1B and L Visa Fees.

Subtitle B—H–1B Visa Fraud and Abuse Protections


1671.23 Sec. 4211. Modification of application requirements. [+Hatch10/Schumer Grassley58]
Amendments to § 4211
Grassley58 (MERGED) (PDF) To require additional information in Internet job postings for nonimmigrant employment in connection with the issuance of H-1B visas.

1687.1.. Sec. 4212. Requirements for admission of nonimmigrant nurses in health professional shortage areas.
1689.19 Sec. 4213. New application requirements.
1692.5.. Sec. 4214. Application review requirements.


1693.21 Sec. 4221. General modification of procedures for investigation and disposition. [+ Whitehouse6]
Amendments to § 4221
Whitehouse6 (MERGED) (PDF) (2nd) To modify provisions related to complaints against H1-B employers.

1696.3.. Sec. 4222. Investigation, working conditions, and penalties.
1699.23 Sec. 4223. Initiation of investigations.
1702.3.. Sec. 4224. Information sharing.
1703.1.. Sec. 4225. Transparency of high-skilled immigration programs [+Hatch10/Schumer]


1707.13 Sec. 4231. Posting available positions through the Department of Labor.
1708.17 Sec. 4232. Requirements for information for H–1B and L nonimmigrants.
1711.6.. Sec. 4233. Filing fee for H1B-dependent employers
1713.18 Sec. 4234. Providing premium processing of employment-based visa petitions.
1714.4.. Sec. 4235. Technical correction.
1714.11 Sec. 4236. Application. [+Hatch10/Schumer]
1714.20 Sec. 4237. Portability for beneficiaries of immigrant petitions [+ Hatch10/Schumer]

Subtitle C—L Visa Fraud and Abuse Protections

1717.11 Sec. 4301. Prohibition on outplacement of L nonimmigrants. [+Hatch10/Schumer]
1718.14 Sec. 4302. L employer petition requirements for employment at new offices.
1721.12 Sec. 4303. Cooperation with Secretary of State.
1721.21 Sec. 4304. Limitation on employment of L nonimmigrants.
1723.7.. Sec. 4305. Filing fee for L nonimmigrants.
1725.10 Sec. 4306. Investigation and disposition of complaints against L nonimmigrant employers.
1728.13 Sec. 4307. Penalties.
1730.3.. Sec. 4308. Prohibition on retaliation against L nonimmigrants.
1731.2.. Sec. 4309. Reports on L nonimmigrants.
1731.5.. Sec. 4310. Application.
1731.9.. Sec. 4311. Report on L blanket petition process. [+ Grassley2]

Subtitle D—Other Nonimmigrant Visas

1731.22 Sec. 4401. Nonimmigrant visas for students. [+ Grassley77]
Amendments to § 4401
Grassley77 (MERGED) (PDF) To require the Secretary to implement the transmission of data from the Student and Exchange Visitor Information System to databases used by U.S. Customs and Border Protection.

1735.1.. Sec. 4402. Classification for specialty occupation workers from free trade countries. [+ Schumer3]
Amendments to § 4402
Schumer3 (MERGED) (PDF) To make certain nationals of countries that benefit from the African Growth and Opportunity Act or the Caribbean Basin Economic Recovery Act eligible for E nonimmigrant visas.

1738.5.. Sec. 4403. E–visa reform.
1740.11 Sec. 4404. Other changes to nonimmigrant visas.
1742.15 Sec. 4405. Treatment of nonimmigrants during adjudication of application.
1743.12 Sec. 4406. Nonimmigrant elementary and secondary school students.
1743.17 Sec. 4407. J–1 Summer Work Travel Visa Exchange Visitor Program fee.
Amendments to § 4407
See also: Schumer1 (MERGED)

1743.17 Sec. 4408. J Visa eligibility for speakers of certain foreign languages [+ Schumer4]

Section after section 4407 of title IV
Schumer4 (MERGE) (PDF) (2nd) To permit aliens with proficiency in certain foreign languages to qualify as J nonimmigrants.


1746.17 Sec. 4409. F–1 Visa Fee

1747.18 Sec. 4410. Pilot program for remote B non-immigrant visa interviews [+Klobuchar3]
1749.17 Sec. 4411.Providing consular officers with access to all terrorist databases and requiring heightened scrutiny of applications for admission from persons listed on terrorist databases.
1752.4.. Sec. 4412. Visa revocation information.
175216 Sec. 4413. Status for certain battered spouses and children [+Klobuchar1]
1755.14 Sec. 4414. Nonimmigrant crewmen landing temporarily in Hawaii.
[+ Hirono2]

Section at the end of subtitle D of title IV
Hirono15 (MERGED) (PDF) To permit Medicaid coverage for citizens of the Freely Associated States.
Klobuchar1 (MERGED) (PDF) To provide immigration status for certain battered spouses and children.


Klobuchar3 (MERGED) (PDF) To require a pilot program to conduct interviews for certain nonimmigrant visas using secure remote video conferencing technology.


NEW.. Sec. 4415. Treatment of Compact of Free Association Migrants.
NEW.. Sec. 4416. International Participation in the Performing Arts.
NEW.. Sec. 4417. Limitation on Eligibility of Certain Nonimmigrants for Health-Related Programs.

Subtitle E—JOLT Act

1756.14 Sec. 4501. Short titles.
1756.18 Sec. 4502. Premium processing.
1759.14 Sec. 4503. Encouraging Canadian tourism to the United States.
1761.9.. Sec. 4504. Retiree visa.
1764.8.. Sec. 4505. Incentives for foreign visitors visiting the United States during low peak seasons.
1764.16 Sec. 4506. Visa waiver program enhanced security and reform. [+ Hirono4]

Taken as amendment to § 4506
Hirono4 (MERGED) (PDF) To provide for the eligibility of the Hong Kong Special Administrative Region for designation for participation in the visa waiver program for certain visitors to the United States.


1779.17 Sec. 4507. Expediting entry for priority visitors.
1781.13 Sec. 4508. Visa processing.
1784.6.. Sec. 4509. B Visa fee.

Subtitle F—Reforms to the H–2B Visa Program

1784.20 Sec. 4601. Extension of returning worker exemption to H–2B numerical limitation.
1787.1.. Sec. 4602. Other requirements for H–2B employers.
1789.5.. Sec. 4603. Executives and managers.
1790.5.. Sec. 4604. Honoraria
1791.18 Sec. 4605. Nonimmigrants participating in relief operations.
1792.17 Sec. 4606. Nonimmigrants performing maintenance on common carriers.

NEW.. Sec. 4607. American Jobs in American Forests.

Subtitle G—W Nonimmigrant Visas

1794.5.. Sec. 4701. Bureau of Immigration and Labor Market Research. [+Schumer1]
Amendments to § 4701
See: Schumer1 (MERGED)

1801.5.. Sec. 4702. Nonimmigrant classification for W nonimmigrants.
1801.17 Sec. 4703. Admission of W nonimmigrant workers. [+Hatch10/Schumer]
[+Schumer1 Schumer5]
Amendments to § 4703
Schumer5 (MERGED) (PDF) (2nd) To modify the W nonimmigrant visa program.
See also: Schumer1 (MERGED)

Subtitle H—Investing in New Venture, Entrepreneurial Startups, and Technologies

1850.4.. Sec. 4801. Nonimmigrant INVEST visas. [+ Whitehouse1]
Amendments to § 4801
Whitehouse1 (MERGED) (PDF) (2nd) To provide for qualified startup accelerators with respect to nonimmigrant INVEST visas, and for other purposes. 4802

1853.23 Sec. 4802. INVEST immigrant visa. [+ Whitehouse1]
Amendments to § 4802
See Whitehouse1 (MERGED)

1867.15 Sec. 4803. Administration and oversight.
1870.7.. Sec. 4804. Permanent authorization OF EB—5 regional center program.
[+ Leahy2 ]
1887.1.. Sec. 4805. Conditional permanent resident status for employment-based immigrants, spouses, and children.
[+ Leahy2 ]
1902.12 Sec. 4806. EB—5 Visa Reforms
[+ Leahy2 ]
Amendments to § 4806
See Leahy2 (MERGED)
Whitehouse4 (MERGED)(PDF) To facilitate and admission and naturalization of aliens who are current or potential employees of certain Federal national security facilities.

1910.8.. Sec. 4807. Authorization of Appropriations. [+ Sessions36]

Subtitle I— Student and Exchange Visitor Programs

1910.20 Sec. 4901. Short title.
1910.23 Sec. 4902. SEVIS and SEVP defined.
1911.7.. Sec. 4903. Increased criminal penalties.
191114 Sec. 4904. Accreditation requirement.
1912.15 Sec. 4905. Other academic institutions.
1913.18 Sec. 4906. Penalties for failure to comply with SEVIS reporting requirements.
1914.13 Sec. 4907. Visa fraud.
1916.8.. Sec. 4908. Background checks.
1918.14 Sec. 4909. Revocation of authority to issue Form I-20 of flight schools not certified by the Federal Aviation Administration.
1919.3.. Sec. 4910. Revocation of accreditation.
191915 Sec. 4911. Report on risk assessment.
1920.1.. Sec. 4912. Implementation of GAO recommendations.
1921.6.. Sec. 4913. Implementation of SEVIS II.


NEW.. Sec. 5101. Definitions.
NEW.. Sec. 5102. Establishment of Youth Jobs Fund.
NEW.. Sec. 5103. Summer Employment and Year-Round Employment Opportunities for Low-Income Youth.
NEW.. Sec. 5104. General Requirements.
NEW.. Sec. 5105. Visa Surcharge.