Bill Text
111th Congress (2009-2010)
H.R.4321.IH
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Beginning
December 15, 2009
- SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
- Sec. 1. Short title; table of contents.
- SEC. 2. FINDINGS.
- SEC. 3. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
- SEC. 4. DEFINITIONS.
- SEC. 5. SEVERABILITY.
- SEC. 101. SENSE OF CONGRESS.
- SEC. 111. NATIONAL STRATEGY FOR BORDER SECURITY.
- SEC. 112. INCREASE IN NUMBER OF CUSTOMS AND BORDER PROTECTION OFFICERS.
- SEC. 113. IMPROVING PORTS OF ENTRY FOR BORDER SECURITY AND OTHER PURPOSES.
- SEC. 114. INVENTORY OF PERSONNEL.
- SEC. 115. STANDARDS OF PROFESSIONAL CONDUCT.
- SEC. 116. INVENTORY OF ASSETS.
- SEC. 117. CUSTOMS BORDER PATROL AND BORDER PROTECTION ASSETS.
- SEC. 118. TECHNOLOGICAL ASSETS.
- SEC. 119. SECURE COMMUNICATION.
- SEC. 120. SURVEILLANCE PLAN.
- SEC. 121. SURVEILLANCE TECHNOLOGIES PROGRAMS.
- SEC. 122. BORDER SECURITY SEARCHES OF ELECTRONIC DEVICES.
- SEC. 123. BORDER RELIEF GRANT PROGRAM.
- SEC. 124. NORTHERN AND SOUTHERN BORDER DRUG PROSECUTION INITIATIVE.
- SEC. 125. OPERATION STREAMLINE PROSECUTION INITIATIVE.
- SEC. 126. PROJECT GUNRUNNER.
- SEC. 127. OPERATION ARMAS CRUZADAS.
- SEC. 128. COMBATING HUMAN SMUGGLING.
- SEC. 129. REPORT ON DEATHS AND STRATEGY STUDY.
- SEC. 130. UNITED STATES-MEXICO BORDER ENFORCEMENT COMMISSION.
- SEC. 131. PROHIBITION ON MILITARY INVOLVEMENT IN NONEMERGENCY BORDER ENFORCEMENT.
- SEC. 132. DEFINITIONS.
- SEC. 133. BORDER PROTECTION STRATEGY.
- SEC. 134. ACTIONS TO FURTHER SECURE OPERATIONAL CONTROL OF THE INTERNATIONAL LAND BORDERS OF THE UNITED STATES.
- `SEC. 102. IMPROVEMENT OF OPERATIONAL CONTROL OF BORDER.
- SEC. 135. BORDERLANDS MONITORING AND MITIGATION.
- SEC. 136. BORDER COMMUNITIES LIAISON OFFICE.
- SEC. 137. OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES AND OFFICE OF INSPECTOR GENERAL.
- SEC. 138. IMPROVING PORTS OF ENTRY FOR BORDER SECURITY AND OTHER PURPOSES.
- SEC. 139. PORTS OF ENTRY.
- SEC. 140. PORTS OF ENTRY INFRASTRUCTURE AND OPERATIONS ASSESSMENT STUDY.
- SEC. 141. NATIONAL LAND BORDER PORTS OF ENTRY SECURITY PLAN.
- SEC. 142. PORTS OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
- SEC. 143. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH AMERICAN SECURITY.
- SEC. 144. SOUTHERN BORDER SECURITY TASK FORCE.
- SEC. 145. COOPERATION WITH THE GOVERNMENT OF MEXICO.
- SEC. 146. ENHANCED INTERNATIONAL COOPERATION.
- SEC. 147. EXPANSION OF COMMERCE SECURITY PROGRAMS.
- SEC. 148. AUTHORIZATION OF APPROPRIATIONS.
- SEC. 151. DEFINITIONS.
- SEC. 152. DETENTION CONDITIONS.
- SEC. 153. SPECIFIC DETENTION REQUIREMENTS FOR SHORT-TERM DETENTION FACILITIES.
- SEC. 154. RULEMAKING AND ENFORCEMENT.
- SEC. 155. IMMIGRATION DETENTION COMMISSION.
- SEC. 156. DEATH IN CUSTODY REPORTING REQUIREMENT.
- SEC. 157. PROTECTION OF COMMUNITY-BASED ORGANIZATIONS, FAITH-BASED ORGANIZATIONS AND OTHER INSTITUTIONS.
- SEC. 158. APPREHENSION PROCEDURES FOR IMMIGRATION-RELATED ENFORCEMENT ACTIVITIES.
- SEC. 159. PROTECTIONS AGAINST UNLAWFUL DETENTIONS OF UNITED STATES CITIZENS.
- SEC. 160. BASIC PROTECTIONS FOR VULNERABLE POPULATIONS.
- SEC. 161. REPORT ON PROTECTIONS FOR VULNERABLE POPULATIONS IMPACTED BY IMMIGRATION ENFORCEMENT ACTIVITIES.
- SEC. 162. FAMILY DETENTION AND UNITY PROTECTIONS.
- SEC. 163. APPREHENSION PROCEDURES FOR FAMILIES AND PARENTS.
- SEC. 165. VULNERABLE POPULATION AND CHILD WELFARE TRAINING FOR IMMIGRATION ENFORCEMENT OFFICERS.
- SEC. 166. ACCESS FOR PARENTS, LEGAL GUARDIANS, AND, PRIMARY CAREGIVER RELATIVES.
- SEC. 167. ENHANCED PROTECTIONS FOR VULNERABLE UNACCOMPANIED ALIEN CHILDREN AND FEMALE DETAINEES.
- SEC. 168. PREVENTING UNNECESSARY DETENTION OF REFUGEES.
- SEC. 169. REPORTS ON PROTECTIONS FROM UNLAWFUL DETENTION.
- SEC. 170. RULEMAKING.
- SEC. 181. LABOR ENFORCEMENT.
- SEC. 182. MANDATORY ADDRESS REPORTING REQUIREMENTS.
- SEC. 183. PREEMPTION OF STATE AND LOCAL LAW.
- SEC. 184. DELEGATION OF IMMIGRATION AUTHORITY.
- SEC. 185. IMMIGRATION AND CUSTOMS ENFORCEMENT OMBUDSMAN.
- `SEC. 447. IMMIGRATION AND CUSTOMS ENFORCEMENT OMBUDSMAN.
- SEC. 186. ELIMINATING ARBITRARY BAR TO ASYLUM.
- SEC. 187. RESTORATION OF JUDICIAL REVIEW.
- SEC. 201. EMPLOYMENT VERIFICATION.
- `SEC. 274A. EMPLOYMENT VERIFICATION.
- SEC. 202. PARITY WITH CIVIL RIGHTS ACT OF 1964.
- SEC. 203. AMENDMENTS TO THE SOCIAL SECURITY ACT.
- SEC. 301. ELIMINATION OF EXISTING BACKLOGS.
- SEC. 302. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LEGAL PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.
- SEC. 303. COUNTRY LIMITS.
- SEC. 304. PROMOTING FAMILY UNITY.
- SEC. 305. SURVIVING RELATIVES.
- SEC. 306. EXTENSION OF WAIVER AUTHORITY.
- SEC. 307. DISCRETIONARY WAIVER FOR LONG-TERM LAWFUL PERMANENT RESIDENTS.
- SEC. 308. CONTINUOUS PRESENCE.
- SEC. 309. BAR ON THE REMOVAL OF CERTAIN REFUGEES, PAROLEES OR ASYLEES.
- `SEC. 237A. BAR ON REMOVAL OF CERTAIN REFUGEES, PAROLEES OR ASYLEES.
- SEC. 310. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO ARE NATIVES OF PHILIPPINES.
- SEC. 311. FIANCEE OR FIANCE CHILD STATUS PROTECTION.
- SEC. 312. EQUAL TREATMENT FOR ALL STEPCHILDREN.
- SEC. 313. SONS AND DAUGHTERS OF FILIPINO WORLD WAR II VETERANS.
- SEC. 314. DETERMINATIONS UNDER THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.
- SEC. 315. DISCRETIONARY AUTHORITY.
- SEC. 316. AFFIDAVIT OF SUPPORT.
- SEC. 317. VISA TO PREVENT UNAUTHORIZED MIGRATION.
- SEC. 318. ADJUSTMENT OF STATUS.
- SEC. 319. RULEMAKING.
- SEC. 320. UNITED STATES-EDUCATED IMMIGRANTS.
- SEC. 321. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.
- SEC. 322. RETURN OF TALENT PROGRAM.
- `SEC. 317A. TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN THE RETURN OF TALENT PROGRAM.
Subtitle A--Conditional Nonimmigrants
- SEC. 401. CONDITIONAL NONIMMIGRANTS.
- SEC. 402. ADJUSTMENT OF STATUS FOR CONDITIONAL NONIMMIGRANTS.
- SEC. 403. ADMINISTRATIVE AND JUDICIAL REVIEW.
- SEC. 404. MANDATORY DISCLOSURE OF INFORMATION.
- SEC. 405. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.
- SEC. 406. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.
- SEC. 407. EMPLOYER PROTECTIONS.
- SEC. 408. LIMITATIONS ON ELIGIBILITY.
- SEC. 409. RULEMAKING.
- SEC. 410. CORRECTION OF SOCIAL SECURITY RECORDS.
- SEC. 411. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS.
- SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
CHAPTER 1--TITLE AND DEFINITIONS
- SEC. 421. SHORT TITLE.
- SEC. 422. DEFINITIONS.
Subchapter A--Blue Card Status
- SEC. 431. REQUIREMENTS FOR BLUE CARD STATUS.
- SEC. 432. TREATMENT OF ALIENS GRANTED BLUE CARD STATUS.
- SEC. 433. ADJUSTMENT TO PERMANENT RESIDENCE.
- SEC. 434. APPLICATIONS.
- SEC. 435. WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR INADMISSIBILITY.
- SEC. 436. ADMINISTRATIVE AND JUDICIAL REVIEW.
- SEC. 437. USE OF INFORMATION.
- SEC. 438. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF APPROPRIATIONS.
- SEC. 441. CORRECTION OF SOCIAL SECURITY RECORDS.
- SEC. 451. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.
- `SEC. 218. H-2A EMPLOYER APPLICATIONS.
- `SEC. 218A. H-2A EMPLOYMENT REQUIREMENTS.
- `SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERS.
- `SEC. 218C. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.
- `SEC. 218D. DEFINITIONS.
- SEC. 461. DETERMINATION AND USE OF USER FEES.
- SEC. 462. REGULATIONS.
- SEC. 463. REPORTS TO CONGRESS.
- SEC. 464. EFFECTIVE DATE.
Subtitle A--Immigration and Labor
CHAPTER 1--IMMIGRATION AND LABOR MARKETS
- SEC. 501. COMMISSION ON IMMIGRATION AND LABOR MARKETS.
- SEC. 502. SECURITY AND PROSPERITY ACCOUNT.
- SEC. 503. AMERICAN RECRUIT AND MATCH SYSTEM.
- SEC. 511. PROTECTIONS FOR WORKERS RECRUITED ABROAD.
- SEC. 512. ENFORCEMENT PROVISIONS.
- SEC. 513. PROCEDURES IN ADDITION TO OTHER RIGHTS OF EMPLOYEES.
- SEC. 514. AUTHORITY TO PRESCRIBE REGULATIONS.
- SEC. 515. DEFINITIONS.
- SEC. 521. TECHNICAL CORRECTION.
CHAPTER 1--H-1B VISA FRAUD AND ABUSE PROTECTIONS
Subchapter A--H-1B Employer Application Requirements
- SEC. 531. MODIFICATION OF APPLICATION REQUIREMENTS.
- SEC. 532. NEW APPLICATION REQUIREMENTS.
- SEC. 533. APPLICATION REVIEW REQUIREMENTS.
- SEC. 541. GENERAL MODIFICATION OF PROCEDURES FOR INVESTIGATION AND DISPOSITION.
- SEC. 542. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.
- SEC. 543. WAIVER REQUIREMENTS.
- SEC. 544. INITIATION OF INVESTIGATIONS.
- SEC. 545. INFORMATION SHARING.
- SEC. 546. CONFORMING AMENDMENT.
- SEC. 551. POSTING AVAILABLE H-1B POSITIONS THROUGH THE DEPARTMENT OF LABOR.
- SEC. 552. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.
- SEC. 553. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.
- SEC. 561. PROHIBITION ON OUTPLACEMENT OF L-1 NONIMMIGRANTS.
- SEC. 562. L-1 EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT NEW OFFICES.
- SEC. 563. COOPERATION WITH SECRETARY OF STATE.
- SEC. 564. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST L-1 EMPLOYERS.
- SEC. 565. WAGE RATE AND WORKING CONDITIONS FOR L-1 NONIMMIGRANT.
- SEC. 566. PENALTIES.
- SEC. 567. PROHIBITION ON RETALIATION AGAINST L-1 NONIMMIGRANTS.
- SEC. 568. TECHNICAL AMENDMENTS.
- SEC. 569. REPORTS ON L-1 NONIMMIGRANTS.
- SEC. 570. APPLICATION.
- SEC. 571. REPORT ON L-1 BLANKET PETITION PROCESS.
- SEC. 572. REQUIREMENTS FOR INFORMATION FOR H-1B AND L-1 NONIMMIGRANTS.
- SEC. 581. ENFORCEMENT OF FEDERAL LABOR LAWS RELATING TO H-2B NONAGRICULTURAL GUEST WORKERS.
- SEC. 582. RECRUITMENT OF UNITED STATES WORKERS.
- SEC. 583. PREVAILING WAGES FOR UNITED STATES WORKERS AND H-2B WORKERS.
- SEC. 584. CERTIFICATION REQUIREMENT.
- SEC. 585. PROTECTIONS FOR WORKERS.
- SEC. 586. PETITIONS BY EMPLOYERS THAT HAVE SIGNED LABOR AGREEMENTS WITH UNIONS THAT OPERATE HIRING HALLS.
- SEC. 587. H-2B NONIMMIGRANT LABOR CERTIFICATION APPLICATION FEES.
- SEC. 591. PERMANENT REAUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM; APPLICATION FEE.
- SEC. 592. PREMIUM PROCESSING FEE FOR EB-5 IMMIGRANT INVESTORS.
- SEC. 593. CONCURRENT FILING OF EB-5 PETITIONS AND APPLICATIONS FOR ADJUSTMENT OF STATUS.
- SEC. 594. IMPROVED SET-ASIDE FOR TARGETED EMPLOYMENT AREAS.
- SEC. 595. SET-ASIDE OF VISAS FOR REGIONAL CENTER PROGRAM.
- SEC. 596. EXTENSION.
- SEC. 597. STUDY.
- SEC. 598. FULL-TIME EQUIVALENTS.
- SEC. 599. ELIGIBILITY FOR ADJUSTMENT OF STATUS.
- SEC. 599A. EXPANSION OF EB-5 ELIGIBILITY TO INCLUDE QUALIFIED IMMIGRANTS WHO COMPLETE INVESTMENT AGREEMENTS.
- SEC. 599B. APPLICATION.
Subtitle A--Citizenship Promotion
- SEC. 601. IMMIGRATION SERVICE FEES.
- SEC. 603. VOLUNTARY ELECTRONIC FILING OF APPLICATIONS.
- SEC. 604. TIMELY BACKGROUND CHECKS.
- SEC. 605. NATIONAL CITIZENSHIP PROMOTION PROGRAM.
- SEC. 606. EFFECTIVE DATE.
- SEC. 611. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY TRAINING.
- SEC. 612. GRANT PROGRAM TO ASSIST APPLICANTS FOR NATURALIZATION.
- SEC. 613. NATURALIZATION FOR CERTAIN U.S. HIGH SCHOOL GRADUATES.
- `SEC. 321. CITIZENSHIP FOR CERTAIN U.S. HIGH SCHOOL GRADUATES.
- SEC. 614. FAMILY INTEGRATION.
- SEC. 615. CONSIDERATION FOR DOMESTIC RESETTLEMENT OF REFUGEES.
- SEC. 616. CREDITS FOR TEACHERS OF ENGLISH LANGUAGE LEARNERS.
- `SEC. 25E. TEACHERS OF ENGLISH LANGUAGE LEARNERS.
- `SEC. 224. CERTIFICATION EXPENSES FOR TEACHERS OF ENGLISH LANGUAGE LEARNERS.
- SEC. 617. CREDITS FOR EMPLOYER-PROVIDED ADULT ENGLISH LITERACY AND BASIC EDUCATION PROGRAMS.
- `SEC. 45R. EMPLOYER-PROVIDED ADULT ENGLISH LITERACY AND BASIC EDUCATION PROGRAMS.
- SEC. 618. GRANTS TO STATES TO FORM NEW AMERICAN COUNCILS.
- SEC. 619. INDEPENDENCE DAY CEREMONIES FOR OATHS OF ALLEGIANCE.
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