Sec. 1. Short title; table of contents
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This Act may be cited as the . Border Security, Economic Opportunity, and Immigration Modernization Act The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Statement of congressional findings. Sec. 3. Reports on current border security status. Sec. 4. Border security metrics and goals. Sec. 5. Southern Border Security Commission. Sec. 6. Border Security Results Strategy. Sec. 7. US–VISIT Implementation. Sec. 8. Alternate model for border security strategy development.
Sec. 9. Comprehensive Immigration Reform Funds. Sec. 10. Reference to the Immigration and Nationality Act . Sec. 11. Definitions. Sec. 12. Grant accountability. Title I—Border Security Sec. 1101. Definitions. Sec. 1102. Additional U.S. Customs and Border Protection officers. Sec. 1103. National Guard support to secure the Southern border. Sec. 1104. Enhancement of existing border security operations. Sec. 1105. Border security on certain Federal land. Sec. 1106. Equipment and technology.
Sec. 1107. Access to emergency personnel. Sec. 1108. Southwest Border Region Prosecution Initiative. Sec. 1109. Interagency collaboration. Sec. 1110. State Criminal Alien Assistance Program. Sec. 1111. Use of force. Sec. 1112. Training for border security and immigration enforcement officers. Sec. 1113. Department of Homeland Security Border Oversight Task Force. Sec. 1114. Ombudsman for Immigration Related Concerns of the Department of Homeland Security. Sec. 1115. Protection of family values in apprehension programs.
Sec. 1116. Reports. Sec. 1117. Severability and delegation. Sec. 1118. Prohibition on land border crossing fees. Sec. 1119. Human Trafficking Reporting. Sec. 1120. Rule of construction. Sec. 1121. Limitations on dangerous deportation practices. Sec. 1122. Maximum allowable costs of salaries of contractor employees. Title II—Immigrant visas Subtitle A—Registration and adjustment of registered provisional immigrants Sec. 2101. Registered provisional immigrant status. Sec. 2102.
Adjustment of status of registered provisional immigrants. Sec. 2103. The DREAM Act. Sec. 2104. Additional requirements. Sec. 2105. Criminal penalty. Sec. 2106. Grant program to assist eligible applicants. Sec. 2107. Conforming amendments to the Social Security Act. Sec. 2108. Government contracting and acquisition of real property interest. Sec. 2109. Long-term legal residents of the Commonwealth of the Northern Mariana Islands. Sec. 2110. Rulemaking. Sec. 2111. Statutory construction.
Subtitle B—Agricultural Worker Program Sec. 2201. Short title. Sec. 2202. Definitions. Chapter 1—Program for earned status adjustment of agricultural workers Subchapter A—Blue card status Sec. 2211. Requirements for blue card status. Sec. 2212. Adjustment to permanent resident status. Sec. 2213. Use of information. Sec. 2214. Reports on blue cards. Sec. 2215. Authorization of appropriations. Subchapter B—Correction of social security records Sec. 2221. Correction of social security records.
Chapter 2—Nonimmigrant agricultural visa program Sec. 2231. Nonimmigrant classification for nonimmigrant agricultural workers. Sec. 2232. Establishment of nonimmigrant agricultural worker program. Sec. 2233. Transition of H–2A Worker Program. Sec. 2234. Reports to Congress on nonimmigrant agricultural workers. Chapter 3—Other provisions Sec. 2241. Rulemaking. Sec. 2242. Reports to Congress. Sec. 2243. Benefits integrity programs. Sec. 2244. Effective date. Subtitle C—Future immigration Sec. 2301.
Merit-based points track one. Sec. 2302. Merit-based track two. Sec. 2303. Repeal of the diversity visa program. Sec. 2304. Worldwide levels and recapture of unused immigrant visas. Sec. 2305. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives. Sec. 2306. Numerical limitations on individual foreign states. Sec. 2307. Allocation of immigrant visas. Sec. 2308. Inclusion of communities adversely affected by a recommendation of the Defense Base Closure and Realignment Commission as targeted employment areas.
Sec. 2309. V nonimmigrant visas. Sec. 2310. Fiancée and fiancé child status protection. Sec. 2311. Equal treatment for all stepchildren. Sec. 2312. Modification of adoption age requirements. Sec. 2313. Relief for orphans, widows, and widowers. Sec. 2314. Discretionary authority with respect to removal, deportation, or inadmissibility of citizen and resident immediate family members. Sec. 2315. Waivers of inadmissibility. Sec. 2316. Continuous presence. Sec. 2317. Global health care cooperation.
Sec. 2318. Extension and improvement of the Iraqi special immigrant visa program. Sec. 2319. Extension and improvement of the Afghan special immigrant visa program. Sec. 2320. Special Immigrant Nonminister Religious Worker Program. Sec. 2321. Special immigrant status for certain surviving spouses and children. Sec. 2322. Reunification of certain families of Filipino veterans of World War II. Subtitle D—Conrad State 30 and physician access Sec. 2401. Conrad State 30 Program. Sec. 2402.
Retaining physicians who have practiced in medically underserved communities. Sec. 2403. Employment protections for physicians. Sec. 2404. Allotment of Conrad 30 waivers. Sec. 2405. Amendments to the procedures, definitions, and other provisions related to physician immigration. Subtitle E—Integration Sec. 2501. Definitions. Chapter 1—Citizenship and New Americans Subchapter A—Office of Citizenship and New Americans Sec. 2511. Office of Citizenship and New Americans. Subchapter B—Task Force on New Americans Sec. 2521.
Establishment. Sec. 2522. Purpose. Sec. 2523. Membership. Sec. 2524. Functions. Chapter 2—Public-Private partnership Sec. 2531. Establishment of United States Citizenship Foundation. Sec. 2532. Funding. Sec. 2533. Purposes. Sec. 2534. Authorized activities. Sec. 2535. Council of directors. Sec. 2536. Powers. Sec. 2537. Initial Entry, Adjustment, and Citizenship Assistance Grant Program. Sec. 2538. Pilot program to promote immigrant integration at State and local levels. Sec. 2539.
Naturalization ceremonies. Chapter 3—Funding Sec. 2541. Authorization of appropriations. Chapter 4—Reduce barriers to naturalization Sec. 2551. Waiver of English requirement for senior new Americans. Sec. 2552. Filing of applications not requiring regular Internet access. Sec. 2553. Permissible use of assisted housing by battered immigrants. Sec. 2554. United States citizenship for internationally adopted individuals. Title III—Interior enforcement Subtitle A—Employment Verification System Sec. 3101.
Unlawful employment of unauthorized aliens. Sec. 3102. Increasing security and integrity of social security cards. Sec. 3103. Increasing security and integrity of immigration documents. Sec. 3104. Responsibilities of the Social Security Administration. Sec. 3105. Improved prohibition on discrimination based on national origin or citizenship status. Sec. 3106. Rulemaking. Sec. 3107. Office of the Small Business and Employee Advocate. Subtitle B—Protecting United States workers Sec. 3201.
Protections for victims of serious violations of labor and employment law or crime. Sec. 3202. Employment Verification System Education Funding. Sec. 3203. Directive to the United States Sentencing Commission. Subtitle C—Other provisions Sec. 3301. Funding. Sec. 3302. Effective date. Sec. 3303. Mandatory exit system. Sec. 3304. Identity-theft resistant manifest information for passengers, crew, and non-crew onboard departing aircraft and vessels. Sec. 3305. Profiling. Sec. 3306.
Enhanced penalties for certain drug offenses on Federal lands. Subtitle D—Asylum and refugee provisions Sec. 3401. Time limits and efficient adjudication of genuine asylum claims. Sec. 3402. Refugee family protections. Sec. 3403. Clarification on designation of certain refugees. Sec. 3404. Asylum determination efficiency. Sec. 3405. Stateless persons in the United States. Sec. 3406. U visa accessibility. Sec. 3407. Work authorization while applications for U and T visas are pending.
Sec. 3408. Representation at overseas refugee interviews. Sec. 3409. Law enforcement and national security checks. Sec. 3410. Tibetan refugee assistance. Sec. 3411. Termination of asylum or refugee status. Sec. 3412. Asylum clock. Subtitle E—Shortage of immigration court resources for removal proceedings Sec. 3501. Shortage of immigration court personnel for removal proceedings. Sec. 3502. Improving immigration court efficiency and reducing costs by increasing access to legal information.
Sec. 3503. Office of Legal Access Programs. Sec. 3504. Codifying Board of Immigration Appeals. Sec. 3505. Improved training for immigration judges and Board Members. Sec. 3506. Improved resources and technology for immigration courts and Board of Immigration Appeals. Sec. 3507. Transfer of responsibility for trafficking protections. Subtitle F—Prevention of trafficking in persons and abuses involving workers recruited abroad Sec. 3601. Definitions. Sec. 3602. Disclosure. Sec. 3603.
Prohibition on discrimination. Sec. 3604. Recruitment fees. Sec. 3605. Registration. Sec. 3606. Bonding requirement. Sec. 3607. Maintenance of lists. Sec. 3608. Amendment to the Immigration and Nationality Act. Sec. 3609. Responsibilities of Secretary of State. Sec. 3610. Enforcement provisions. Sec. 3611. Detecting and preventing child trafficking. Sec. 3612. Protecting child trafficking victims. Sec. 3613. Rule of construction. Sec. 3614. Regulations. Subtitle G—Interior enforcement Sec. 3701.
Criminal street gangs. Sec. 3702. Banning habitual drunk drivers from the United States. Sec. 3703. Sexual abuse of a minor. Sec. 3704. Illegal entry. Sec. 3705. Reentry of removed alien. Sec. 3706. Penalties relating to vessels and aircraft. Sec. 3707. Reform of passport, visa, and immigration fraud offenses. Sec. 3708. Combating schemes to defraud aliens. Sec. 3709. Inadmissibility and removal for passport and immigration fraud offenses. Sec. 3710. Directives related to passport and document fraud.
Sec. 3711. Inadmissible aliens. Sec. 3712. Organized and abusive human smuggling activities. Sec. 3713. Preventing criminals from renouncing citizenship during wartime. Sec. 3714. Diplomatic security service. Sec. 3715. Secure alternatives programs. Sec. 3716. Oversight of detention facilities. Sec. 3717. Procedures for bond hearings and filing of notices to appear. Sec. 3718. Sanctions for countries that delay or prevent repatriation of their nationals. Sec. 3719. Gross violations of human rights.
Sec. 3720. Reporting and recordkeeping requirements relating to the detention of aliens. Sec. 3721. Powers of immigration officers and employees at sensitive locations. Subtitle H—Protection of Children Affected by Immigration Enforcement Sec. 3801. Short title. Sec. 3802. Definitions. Sec. 3803. Apprehension procedures for immigration enforcement-related activities. Sec. 3804. Access to children, State and local courts, child welfare agencies, and consular officials. Sec. 3805.
Mandatory training. Sec. 3806. Rulemaking. Sec. 3807. Severability. Title IV—Reforms to nonimmigrant visa programs Subtitle A—Employment-Based nonimmigrant visas Sec. 4101. Market-based H–1B visa limits. Sec. 4102. Employment authorization for dependents of employment-based nonimmigrants. Sec. 4103. Eliminating impediments to worker mobility. Sec. 4104. STEM education and training. Sec. 4105. H–1B and L visa fees. Subtitle B—H–1B visa fraud and abuse protections Chapter 1—H–1B Employer Application Requirements Sec. 4211.
Modification of application requirements. Sec. 4212. Requirements for admission of nonimmigrant nurses in health professional shortage areas. Sec. 4213. New application requirements. Sec. 4214. Application review requirements. Chapter 2—Investigation and Disposition of Complaints Against H–1B Employers Sec. 4221. General modification of procedures for investigation and disposition. Sec. 4222. Investigation, working conditions, and penalties. Sec. 4223. Initiation of investigations.
Sec. 4224. Information sharing. Sec. 4225. Transparency of high-skilled immigration programs. Chapter 3—Other protections Sec. 4231. Posting available positions through the Department of Labor. Sec. 4232. Requirements for information for H–1B and L nonimmigrants. Sec. 4233. Filing fee for H–1B-dependent employers. Sec. 4234. Providing premium processing of employment-based visa petitions. Sec. 4235. Technical correction. Sec. 4236. Application. Sec. 4237. Portability for beneficiaries of immigrant petitions.
Subtitle C—L visa fraud and abuse protections Sec. 4301. Prohibition on outplacement of L nonimmigrants. Sec. 4302. L employer petition requirements for employment at new offices. Sec. 4303. Cooperation with Secretary of State. Sec. 4304. Limitation on employment of L nonimmigrants. Sec. 4305. Filing fee for L nonimmigrants. Sec. 4306. Investigation and disposition of complaints against L nonimmigrant employers. Sec. 4307. Penalties. Sec. 4308. Prohibition on retaliation against L nonimmigrants.
Sec. 4309. Reports on L nonimmigrants. Sec. 4310. Application. Sec. 4311. Report on L blanket petition process. Subtitle D—Other nonimmigrant visas Sec. 4401. Nonimmigrant visas for students. Sec. 4402. Classification for specialty occupation workers from free trade countries. Sec. 4403. E-visa reform. Sec. 4404. Other changes to nonimmigrant visas. Sec. 4405. Treatment of nonimmigrants during adjudication of application. Sec. 4406. Nonimmigrant elementary and secondary school students.
Sec. 4407. J–1 Summer Work Travel Visa Exchange Visitor Program fee. Sec. 4408. J visa eligibility for speakers of certain foreign languages. Sec. 4409. F–1 visa fee. Sec. 4410. Pilot program for remote B nonimmigrant visa interviews. 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. Sec. 4412. Visa revocation information. Sec. 4413. Status for certain battered spouses and children.
Sec. 4414. Nonimmigrant crewmen landing temporarily in Hawaii. Sec. 4415. Treatment of compact of free association migrants. Subtitle E—JOLT Act Sec. 4501. Short titles. Sec. 4502. Premium processing. Sec. 4503. Encouraging Canadian tourism to the United States. Sec. 4504. Retiree visa. Sec. 4505. Incentives for foreign visitors visiting the United States during low peak seasons. Sec. 4506. Visa waiver program enhanced security and reform. Sec. 4507. Expediting entry for priority visitors.
Sec. 4508. Visa processing. Sec. 4509. B visa fee. Subtitle F—Reforms to the H–2B Visa Program Sec. 4601. Extension of returning worker exemption to H–2B numerical limitation. Sec. 4602. Other requirements for H–2B employers. Sec. 4603. Executives and managers. Sec. 4604. Honoraria. Sec. 4605. Nonimmigrants participating in relief operations. Sec. 4606. Nonimmigrants performing maintenance on common carriers. Sec. 4607. American jobs in American forests. Subtitle G—W nonimmigrant visas Sec. 4701.
Bureau of Immigration and Labor Market Research. Sec. 4702. Nonimmigrant classification for W nonimmigrants. Sec. 4703. Admission of W nonimmigrant workers. Subtitle H—Investing in new venture, entrepreneurial startups, and technologies Sec. 4801. Nonimmigrant INVEST visas. Sec. 4802. INVEST immigrant visa. Sec. 4803. Administration and oversight. Sec. 4804. Permanent authorization of EB–5 Regional Center Program. Sec. 4805. Conditional permanent resident status for certain employment-based immigrants, spouses, and children.
Sec. 4806. EB–5 visa reforms. Sec. 4807. Authorization of appropriations. Subtitle I—Student and Exchange Visitor Programs Sec. 4901. Short title. Sec. 4902. SEVIS and SEVP defined. Sec. 4903. Increased criminal penalties. Sec. 4904. Accreditation requirement. Sec. 4905. Other academic institutions. Sec. 4906. Penalties for failure to comply with SEVIS reporting requirements. Sec. 4907. Visa fraud. Sec. 4908. Background checks. Sec. 4909. Revocation of authority to issue Form I–20 of flight schools not certified by the Federal Aviation Administration.
Sec. 4910. Revocation of accreditation. Sec. 4911. Report on risk assessment. Sec. 4912. Implementation of GAO recommendations. Sec. 4913. Implementation of SEVIS II.