Sec. 24004. Program participation
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/bill/118/hr/3599/ih/section-24004·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any applicant who is approved to participate in the Dignity Program shall make an appointment with USCIS who shall issue an order deferring further action for a period of 7 years. Each participant in the Dignity Program shall conform to the following: The participant shall biennially report to the Secretary of Homeland Security and provide the following information: Place of residence. Testimony as to good standing within the community. The participant shall pay an additional fee of at least $1,000 with each report under paragraph (1), until a total amount of $5,000 has been paid, to be deposited in the H–1B Nonimmigrant Petitioner Account, which shall be used to support American workers for purposes described in subtitle C of title IV of division B.
Subparagraph
(A)shall not apply with respect to any participant in the Dignity Program who is under 18 years of age. The participant shall comply with all Federal and State laws. The participant shall remain, for a period of not less than 4 years during their participation in the Dignity Program, employed (including self-employment and serving as a caregiver) or enrolled in a course of study at an institute of higher education, as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), or an area career and technical education school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). The Secretary may waive the application of this paragraph in the case of any alien with dependents under the age of 12, any alien the Secretary determines would be unable to reasonably comply by reason of a disability or other impediment, or anyone above 65 years of age. The participant shall pay any applicable taxes and satisfy any tax obligations outstanding within 10 years of the date of application approval. The participant shall support any dependents including by providing food, shelter, clothing, education, and covering basic medical needs. The participant shall be enrolled under qualifying health coverage. For purposes of this paragraph, the term qualifying health coverage means, with respect to the participant, the higher of the following levels of coverage applicable to such alien: At a minimum, catastrophic health insurance coverage that provides coverage of such individual with respect to at least the State of employment and State of residence of the alien. In the case of an alien whose State of residence or State of employment requires such an alien to maintain coverage under health insurance, such health insurance. Beginning on the date of participation in the Dignity Program, the participant shall not avail himself or herself of any Federal means-tested benefits or entitlement programs. For purposes of this paragraph, any benefits received by a child or dependent that is a United States citizen living in the same household shall not be taken into account. In addition to other taxes, there is hereby imposed on the income of every participant a tax equal to 1.5 percent of the adjusted gross income (as defined in section 3121(a) of the Internal Revenue Code of 1986) received by the individual with respect to employment (as defined in section 3121(b) the Internal Revenue Code of 1986). The participant shall comply with the requirements of section 9512 of the Internal Revenue Code of 1986. Any tax collected under this paragraph shall be deposited in the Immigration Infrastructure Fund established in section 1213. A participant shall not be liable for any tax under section 3101 or 3102 of the Internal Revenue Code of 1986. Under this provision, for any individual in the Dignity program that enlists in the Armed Forces, the conditions outlined in subsection
(b)shall be waived during their service. Upon completion of a term of enlistment, the requirements of the Dignity Program shall be satisfied for that individual, and that individual shall be eligible to adjust to lawful permanent resident status through the Armed Forces. If a participant violates a condition under subsection (b), the Secretary may at the Secretary’s discretion, waive enforcement of minor violations including late fees, take extenuating circumstances into effect, or consider factors of undue hardship, but in all other cases, the Secretary shall initiate removal proceedings. In such proceedings, the immigration judge may make a determination as to whether to order removal or to issue an order modifying the conditions of that participant’s participation in the Dignity Program.
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