Sec. 2304. Program participation
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/bill/119/hr/4393/ih/section-2304·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 once every two years 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 of $7,000 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 title IV of division B.
Subparagraph
(A)shall not apply to any individual who had temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ) prior to the passage of this Act. 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. In the case of any Federal income tax liability of the participant which was assessed during the 10-year period ending on the date such participant was approved for participation in the Dignity Program, the participant shall pay such liability not later than the close of the 7-year period beginning on such date. 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 Dignity Program participant a tax equal to 1 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 and Debt Reduction Fund established in section 1204. A participant shall not be liable for any tax under section 3101 or 3102 of the Internal Revenue Code of 1986. With respect to any participant in the Dignity Program who is under 18 years of age at the time of application— subsection (b)(2) shall be waived; or for any participant that turns 18 years of age during participation in the Dignity Program, the 4-year requirement in subsection (b)(2) shall be adjusted to an amount which is equal to 4/7 of the time remaining in the 7 years required for completion of the Dignity Program at the time the participant turns 18. Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following: An alien who is participating in the Dignity Program or holds the Dignity Status. . 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 pursuant to section 1229a of title 8, United States Code. 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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