Sec. 101. Blue card status

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Notwithstanding any other provision of law, the Secretary may grant blue card status to any alien who— has completed qualified work; is the spouse or child of an alien described in subparagraph (A); was physically present in the United States on or before the date of the enactment of this Act; and has maintained continuous presence in the United States from such date of enactment until the date on which the alien is granted blue card status; or is, or has been, a nonimmigrant alien admitted to the United States for agricultural employment described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ) who has completed qualified work; is not ineligible under subsection (d)(2); submits a completed application before the end of the period set forth in subsection (b)(3); passes the national security and law enforcement clearances required under subsection (d)(1) to the satisfactory of the Secretary; and pays the required processing fees and penalties in accordance with subsection (e).

An alien described in subsection (a)(1) who is seeking blue card status shall submit an application— to the Secretary, with the assistance of an attorney or a nonprofit religious, charitable, social service, or similar organization recognized by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations; or to a qualified designated entity if the applicant consents to the forwarding of the application to the Secretary. As soon as practicable after receiving each application for blue card status under paragraph (1), the Secretary shall provide the applicant with a document acknowledging the receipt of such application.

Except as provided in subparagraphs

(B)and (C), the Secretary shall accept applications for blue card status from aliens in the United States during the 18-month period beginning on the date on which the final rule is published in the Federal Register pursuant to subsection (j). Aliens described in subsection (a)(1)(C) may apply for blue card status from outside of the United States. If the Secretary determines, during the initial period described in subparagraph (A), that additional time is required to process applications for blue card status or for another good cause, the Secretary may extend the period for accepting applications by an additional 18 months. The application referred to in paragraph

(1)shall collect such information as the Secretary determines necessary and appropriate. The Secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien and his or her spouse and children who meet the requirements set forth in subsection (a)(1)(B). The Secretary may interview applicants for blue card status to determine whether they meet the eligibility requirements set forth in this section. The Secretary may deny an application for blue card status submitted by an alien who fails to submit evidence of the alien’s eligibility for such status. If the Secretary denies an application for blue card status, the Secretary shall— send a written notice to the applicant that provides the applicant with the basis for denial; and provide the alien with an opportunity to cure the denial within a reasonable period. An alien whose application for blue card status is denied under subparagraph

(B)may submit an amended application for such status to the Secretary if the amended application— is submitted within the period described in paragraph (3); and contains all the required information and fees that were missing from the initial application. The Secretary may utilize the procedures set forth in sections 103.2 and 103.3 of title 8, Code of Federal Regulations, as in effect on the date of the enactment of this Act, to adjudicate requests for blue card status to the extent such procedures are consistent with the requirements under this section. The Secretary shall issue documentary evidence of blue card status to each alien whose application for such status has been approved. Documentary evidence provided under subparagraph (A)— shall be machine-readable and tamper-resistant; shall contain a digitized photograph; shall, during the alien’s authorized period of admission, and any extension of such authorized admission, serve as a valid travel and entry document for the purpose of applying for admission to the United States; may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(1)(B) ); and shall include such other features and information as the Secretary may prescribe. If an alien who is apprehended during the period beginning on the date of the enactment of this Act and ending on the last day of the application period described in paragraph

(3)appears prima facie eligible for blue card status, the Secretary— shall provide the alien with a reasonable opportunity to submit an application for such status under this section during such period; and if such an application is submitted, may not remove the individual until a final administrative determination is made on such application. Notwithstanding any other provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) if an alien is in removal, deportation, or exclusion proceedings during the period beginning on the date of the enactment of this Act and ending on the last day of the application period described in subsection (b)(3) and is prima facie eligible for blue card status under this section, upon motion by the Secretary and with the consent of the alien or upon motion by the alien, the Executive Office for Immigration Review shall— terminate such proceedings without prejudice to future proceedings; and permit the alien a reasonable opportunity to apply for such status. If an alien who meets the eligibility requirements set forth in subsection

(a)is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act— notwithstanding such order or section 241(a)(5) of such Act ( 8 U.S.C. 1231(a)(5) ), the alien may apply for blue card status under this section; and if the alien is granted such status, the alien may file a motion to reopen the exclusion, deportation, removal, or voluntary departure order, which motion shall be granted. The limitations on motions to reopen set forth in section 240(c)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7) ) shall not apply to motions filed under subparagraph (A)(ii). During the period beginning on the date on which an alien applies for blue card status under this section and ending on the date on which the Secretary makes a final decision regarding such application, the alien— is eligible to apply for advance parole; may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for blue card status under subsection (d)(2); shall not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) ); and shall not be considered an unauthorized alien (as defined in section 274A(h)(3) of such Act ( 8 U.S.C. 1324a(h)(3) )). Section 101(g) of the Immigration and Nationality Act ( 8 U.S.C. 1101(g) ) shall not apply to an alien granted— advance parole under paragraph (4)(A) to reenter the United States; or blue card status. An alien granted blue card status under this section may not be detained by the Secretary or removed from the United States unless— the alien is removable under section 237 of the Immigration and Nationality Act ( 8 U.S.C. 1227 ); or the alien’s blue card status has been revoked. No alien may remain in blue card status on or after the date that is 8 years after the date on which regulations are published under subsection (j). The Secretary may not grant blue card status to an alien or an alien dependent spouse or child under this section unless such alien submits biometric and biographic data in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data required under subparagraph

(A)because of a physical impairment. The Secretary shall collect, from each alien applying for status under this section, biometric, biographic, and other data that the Secretary determines to be appropriate in order to conduct a background investigation and determine the alien’s eligibility for blue card status. Except as provided in subparagraph (B), an alien is ineligible for blue card status if the Secretary determines that the alien— has a conviction for— an offense classified as a felony in the convicting jurisdiction (other than a State or local offense for which an essential element was the alien’s immigration status, or a violation of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.)); an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) at the time of the conviction); 3 or more misdemeanor offenses (other than minor traffic offenses or State or local offenses for which an essential element was the alien’s immigration status, or violations of the Immigration and Nationality Act) if the alien was convicted on different dates for each of the 3 offenses; any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), excluding the paragraphs set forth in clause (ii), or removable under section 237(a) of such Act ( 8 U.S.C. 1227(a) ), except as provided in paragraph

(3)of such section 237(a); or unlawful voting (as defined in section 237(a)(6) of such Act ( 8 U.S.C. 1227(a)(6) )); is inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except that in determining an alien’s inadmissibility— paragraphs (4), (5), (7), and (9)(B) of such section 212(a) shall not apply; subparagraphs (A), (C), (D), (F), and

(G)of such section 212(a)(6) and paragraphs (9)(C) and (10)(B) of such section 212(a) shall not apply unless based on the act of unlawfully entering the United States after the date of the enactment of this Act; and paragraphs (6)(B) and (9)(A) of such section 212(a) shall not apply unless the relevant conduct began on or after the date on which the alien files an application for registered provisional immigrant status under this section; is an alien who the Secretary knows or has reasonable grounds to believe, is engaged in, or is likely after entry to engage in, terrorist activity (as defined in section 212(a)(3)(B)(iv) of such Act); or was, on the date of the enactment of this Act— an alien lawfully admitted for permanent residence; or an alien admitted as a refugee under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) or granted asylum under section 208 of such Act ( 8 U.S.C. 1158 ). The Secretary may waive the application of subparagraph (A)(i)(III) or any provision of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) that is not listed in clause

(ii)on behalf of an alien for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest. Any discretionary authority to waive grounds of inadmissibility under such section 212(a) conferred under any other provision of the Immigration and Nationality Act shall apply equally to aliens seeking blue card status under this section. The discretionary authority under clause

(i)may not be used to waive— subparagraph (B), (C), (D)(ii), (E), (G), (H), or

(I)of section 212(a)(2) of the Immigration and Nationality Act; section 212(a)(3) of such Act; or subparagraph (A), (C), (D), or

(E)of section 212(a)(10) of such Act. In this paragraph, the term conviction does not include a judgment that has been expunged, set aside, or the equivalent. Nothing in this paragraph may be construed to require the Secretary to commence removal proceedings against an alien. Aliens who are 16 years of age or older and are applying for blue card status under this subsection, or for an extension of such status, shall pay a processing fee to the Department of Homeland Security in an amount determined by the Secretary. The processing fee authorized under paragraph

(1)shall be set at a level that is sufficient to recover the full costs of processing the application, including any costs incurred— to adjudicate the application; to take and process biometric data; to perform national security and criminal checks, including adjudication; to prevent and investigate fraud; and to administer the collection of such fee. The Secretary may issue regulations— to limit the maximum processing fee payable under this subsection by a family, including spouses and unmarried children who are younger than 21 years of age; and to exempt defined classes of individuals from the payment of the fee required under paragraph (1). In addition to the processing fee required under paragraph (1), aliens applying for blue card status under this subsection who are 21 years of age or older shall pay a $100 penalty to the Department of Homeland Security. Fees and penalties authorized under this subsection— shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ); and shall remain available until expended pursuant to section 286(n) of such Act. Notwithstanding any other provision of law, including section 241(a)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(7) ), an alien with blue card status shall be authorized to be employed in the United States while in such status. An alien with blue card status— may travel outside of the United States, including commuting to the United States from a residence in a foreign country; and may be admitted upon returning to the United States without having to obtain a visa if— the alien is in possession of— valid, unexpired documentary evidence of blue card status that complies with subsection (b)(6)(B); or a travel document that has been approved by the Secretary and was issued to the alien after the alien’s original documentary evidence was lost, stolen, or destroyed; the alien’s absence from the United States did not exceed 180 days, unless the alien’s failure to timely return was due to extenuating circumstances beyond the alien’s control; and the alien establishes that he or she is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or

(C)of section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ). An alien granted blue card status shall be considered to have been admitted in such status as of the date on which the alien’s application was submitted. An alien granted blue card status shall be considered lawfully admitted to the United States. The Secretary may revoke blue card status at any time after providing appropriate notice to the alien, and after the exhaustion or waiver of all applicable administrative review procedures, if the alien— no longer meets the eligibility requirements for blue card status; knowingly used documentation issued under this section for an unlawful or fraudulent purpose; or was absent from the United States for— any single period longer than 180 days in violation of the requirement under paragraph (1)(B)(ii)(II); or more than 180 days in the aggregate during any calendar year, unless the alien’s failure to timely return was due to extenuating circumstances beyond the alien’s control. In determining whether to revoke an alien’s status under subparagraph (A), the Secretary may require that the alien— submit additional evidence; and appear for an interview. The blue card status of an alien who fails to comply with any requirement imposed by the Secretary under clause

(i)shall be revoked unless the alien demonstrates to the Secretary’s satisfaction that such failure was reasonably excusable. If an alien’s blue card status is revoked pursuant to subparagraph (A), any documentation issued by the Secretary to such alien under subsection (b)(6) shall automatically be rendered invalid for any purpose except for departure from the United States. An alien who has been granted blue card status is not eligible for the Federal means-tested public benefits unavailable to qualified aliens under section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 ). An alien granted blue card status shall be considered lawfully present in the United States for all purposes while such alien remains in such status, except that the alien— is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 ( 26 U.S.C. 36B ) for his or her coverage; shall be subject to the rules applicable to individuals who are not lawfully present set forth in subsection

(e)of such section; shall be subject to the rules applicable to individuals who are not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(e) ); and shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 5000A(d)(3) ). Employers of aliens granted blue card status shall provide each such alien and the Secretary with a written record of employment during each year that the alien remains in such status. If the Secretary determines, after notice and an opportunity for a hearing, that an employer of an alien granted blue card status has knowingly failed to provide the record of employment required under paragraph

(1)or has provided a false statement of material fact in such a record, the employer shall be subject to a civil penalty in an amount not to exceed $500 per violation. The penalty under subparagraph

(A)for failure to provide employment records shall not apply unless the alien has provided the employer with evidence of employment authorization described in subsection (b)(6). Civil penalties collected under this paragraph shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ). An employer that knows that an alien employee is an applicant for blue card status or will apply for such status after the application period commences is not in violation of section 274A(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(2) ) if the employer continues to employ the alien pending the adjudication of the alien employee’s application. Copies of employment records or other evidence of employment provided by an alien or by an alien’s employer in support of an alien’s application for blue card status may not be used in a civil or criminal prosecution or investigation of that employer under section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) or under the Internal Revenue Code of 1986 for the prior unlawful employment of that alien regardless of the adjudication of such application or reconsideration by the Secretary of such alien's prima facie eligibility determination. Employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for blue card status shall not be subject to civil and criminal liability pursuant to such section 274A for employing such unauthorized aliens. The protections for employers and aliens under subparagraph

(A)shall not apply if the aliens or employers submit employment records that are determined to be fraudulent. Any administrative or judicial review of a determination regarding an application for blue card status shall comply with the requirements under this subsection. The Secretary shall establish an appellate authority to provide for a single level of administration appellate review of a final agency determination. An administrative appellate review established under subparagraph

(A)shall be based solely upon— the administrative record established at the time of the determination regarding the application; and any additional or newly discovered evidence that was not available at the time of a final agency determination. Judicial review of a determination under this section shall be limited to the review of an order of removal under section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ). Except as otherwise provided in this subsection, an officer or employee of any Federal agency may not— use the information furnished in an application for lawful status under this section or section 245B of the Immigration and Nationality Act, as added by section 102, for any purpose other than to make a determination on any application by the alien for any immigration benefit or protection; make any publication through which information furnished by any particular applicant can be identified; or permit anyone other than the sworn officers, employees, and contractors of such agency or of another entity approved by the Secretary to examine any individual application for lawful status under this section or such section 245B. The Secretary shall provide the information furnished in an application filed under this section or section 245B of the Immigration and Nationality Act, as added by section 102, and any other information derived from such furnished information to— a law enforcement agency, intelligence agency, national security agency, a component of the Department of Homeland Security, court, or grand jury, consistent with law, in connection with— a criminal investigation or prosecution of any felony not related to the applicant’s immigration status; or a national security investigation or prosecution; and an official coroner for purposes of affirmatively identifying a deceased individual, whether or not the death of such individual resulted from a crime. The Secretary may— audit and evaluate information furnished as part of any application filed under this section or section 245B of the Immigration and Nationality Act, as added by section 102, for purposes of identifying immigration fraud or fraud schemes; and use any evidence detected by means of audits and evaluations for purposes of investigating, prosecuting, referring for prosecution, or denying or terminating immigration benefits. The Secretary shall require, in accordance with paragraph (1), appropriate administrative and physical safeguards to protect the security, confidentiality, and integrity of personally identifiable information collected, maintained, and disseminated pursuant to this section and section 245B of the Immigration and Nationality Act, as added by section 102. Notwithstanding the privacy requirements set forth in section 222 of the Homeland Security Act of 2002 ( 6 U.S.C. 142 ) and the E-Government Act of 2002 ( Public Law 107–347 ), the Secretary shall conduct a privacy impact assessment and a civil liberties impact assessment of the legalization program established under this section and section 245B of the Immigration and Nationality Act, as added by section 102, during the pendency of the final regulations to be issued pursuant to subsection (j). Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue final regulations to implement this section.

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