S. 4546

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4546 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 4546

To amend the Immigration and Nationality Act to establish a national-
interest standard for immigration, end certain family-sponsored 
immigration categories, revise standards relating to good moral 
character, eliminate the diversity immigrant category, revise public-
charge and sponsor-support rules, revise naturalization requirements, 
reform employment-based immigration and H-1B visas, eliminate Optional 
Practical Training absent express statutory authorization, revise 
asylum procedures, require employment eligibility verification, 
establish additional penalties relating to unlawful presence and visa 
overstays, revise parole authority, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 14, 2026

Mr. Tuberville introduced the following bill; which was read twice and 
referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To amend the Immigration and Nationality Act to establish a national-
interest standard for immigration, end certain family-sponsored 
immigration categories, revise standards relating to good moral 
character, eliminate the diversity immigrant category, revise public-
charge and sponsor-support rules, revise naturalization requirements, 
reform employment-based immigration and H-1B visas, eliminate Optional 
Practical Training absent express statutory authorization, revise 
asylum procedures, require employment eligibility verification, 
establish additional penalties relating to unlawful presence and visa 
overstays, revise parole authority, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

(a) Short Titles.--This Act may be cited as the ``American System 
for Sustainable Immigration and Mass Immigration Limitations Achieved 
Through Imposing Oversight Nationally Act'' or the ``ASSIMILATION 
Act''.
(b) Table of Contents.--

Sec. 1. Short titles; table of contents.
TITLE I--FINDINGS, PURPOSES, DEFINITIONS, AND STANDARDS

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. National interest standard.
TITLE II--IMMIGRANT AND NONIMMIGRANT CLASSIFICATIONS

Sec. 201. Family-sponsored immigration reform.
Sec. 202. Elimination of diversity immigrant category.
Sec. 203. Employment-based immigration.
Sec. 204. H-1B reforms.
Sec. 205. Optional practical training.
Sec. 206. Per-country limitations.
TITLE III--ADMISSION, INADMISSIBILITY, SPONSORSHIP, AND ADMINISTRATIVE 
AUTHORITY

Sec. 301. Public charge.
Sec. 302. Affidavits of support and sponsor financial requirements.
Sec. 303. Visa overstays.
Sec. 304. Parole.
Sec. 305. Limitations on enforcement discretion.
TITLE IV--NATURALIZATION AND CITIZENSHIP

Sec. 401. Good moral character.
Sec. 402. Naturalization.
Sec. 403. Documentation of citizenship at birth.
TITLE V--ASYLUM, INSPECTION, DETENTION, AND UNACCOMPANIED ALIEN 
CHILDREN

Sec. 501. Asylum.
Sec. 502. Credible fear and expedited removal.
Sec. 503. Family detention.
Sec. 504. Unaccompanied alien children.
TITLE VI--EMPLOYMENT ELIGIBILITY VERIFICATION AND LABOR PROTECTIONS

Sec. 601. Employment eligibility verification.
Sec. 602. H-2a wage methodology.
TITLE VII--CONFORMING AMENDMENTS; REPORTS; EFFECTIVE DATES; 
APPLICABILITY; SEVERABILITY

Sec. 701. Reports.
Sec. 702. Effective dates.
Sec. 703. Applicability and transition provisions.
Sec. 704. Severability.

TITLE I--FINDINGS, PURPOSES, DEFINITIONS, AND STANDARDS

SEC. 101. FINDINGS.

Congress finds the following:
(1) The Immigration and Nationality Act Amendments of 1965 
(Public Law 89-236; commonly known as the ``Hart-Celler Act''), 
fundamentally changed the United States immigration system by 
replacing the national origins quota system with a preference 
system giving priority to extended family-based immigration 
rather than basing the admission of immigrants on serving the 
national interest.
(2) The immigration system established by the Hart-Celler 
Act has--
(A) produced consequences that differ substantially 
from the goals described by the Act's original 
proponents, including--
(i) unprecedented levels of chain 
migration;
(ii) the creation of the diversity visa 
lottery under section 203(c) of the Immigration 
and Nationality Act (8 U.S.C. 1153(c)); and
(iii) dramatic increases in overall 
immigration levels;
(B) placed strain on public resources;
(C) suppressed wages and decreased labor-market 
opportunities for United States workers; and
(D) tested the ability of the people of the United 
States to promote assimilation and social cohesion.
(3) Given that immigration to the United States is not an 
entitlement, Congress has plenary authority to establish 
immigration policy that will serve the economic, cultural, and 
national security interests of the United States.
(4) The Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) employs the concept of the national interest in multiple 
contexts, including employment-based immigration, but does not 
provide a generally applicable statutory standard for national-
interest determinations made for employment-selection purposes.
(5) Clear definitions and evidentiary rules promote 
transparency, consistency, and faithful administration of 
Federal immigration laws.

SEC. 102. PURPOSES.

The purposes of this Act are--
(1) to ensure immigration policy advances the national 
interest by establishing a universal national interest standard 
under which each visa issuance, admission, and adjustment of 
status affirmatively furthers the economic prosperity, cultural 
cohesion, and national security of the United States, as 
determined by the Secretary of Homeland Security under the 
criteria set forth in this Act; and
(2) to revise and repeal the central framework established 
by the Hart-Celler Act by replacing family-chain and lottery-
based admissions with a merit-based system that prioritizes 
economic self-sufficiency, cultural assimilation, and the 
protection of United States workers.

SEC. 103. DEFINITIONS.

Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following:
``(54) The term `means-tested public benefit'--
``(A) means a cash, medical, housing, nutrition, or other 
similar public benefit for which eligibility, amount, or 
duration is conditioned, in whole or in part, on income, 
resources, or financial need; and
``(B) does not include--
``(i) emergency medical assistance;
``(ii) short-term, non-cash, in-kind emergency 
disaster relief;
``(iii) public health assistance for immunizations 
or for the testing or treatment of symptoms of a 
communicable disease;
``(iv) assistance or benefits under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 et 
seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.);
``(v) foster care or adoption assistance for which 
an exception is provided under Federal law; or
``(vi) in-kind community-level services necessary 
for the protection of life or safety, as designated by 
regulation after consultation with appropriate Federal 
agencies.
``(55) The term `National Interest Occupation' means an occupation 
so designated by the Secretary of Homeland Security pursuant to section 
203(b)(4).
``(56) The term `objective evidence'--
``(A) means independently verifiable evidence, including 
official records, government data, audited records, binding 
instruments, contemporaneous business records, or other 
reliable documentation; and
``(B) does not include unsupported assertions, self-serving 
statements standing alone, or speculative projections.''.

SEC. 104. NATIONAL INTEREST STANDARD.

Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) 
is amended by adding at the end the following:
``(j) National Interest Standard.--
``(1) Application.--This subsection shall only apply to 
provisions of this Act that expressly reference this 
subsection.
``(2) Standard.--An alien's admission, classification, 
employment, or proposed endeavor shall be deemed to be in the 
national interest only if such alien establishes, by a 
preponderance of objective evidence, that such admission, 
classification, employment, or proposed endeavor is expected to 
produce a material prospective public benefit for the United 
States.
``(3) Public benefit.--A material prospective public 
benefit referred to in paragraph (2) may include a significant 
benefit to the economic, cultural, educational, scientific, 
technological, health, foreign-policy, or security interests of 
the United States.
``(4) Limitations.--A determination under paragraph (2) or 
(3) may not be based solely on--
``(A) the private interest of the alien or of a 
petitioning employer;
``(B) unsupported testimonial assertions or 
generalized advocacy;
``(C) speculative, remote, or incidental benefits; 
or
``(D) a factor that a more specific provision of 
this Act makes legally insufficient for the benefit 
sought.
``(5) Rules of construction.--Nothing in this subsection 
may be construed--
``(A) to alter the burden of proof required under 
section 291;
``(B) to displace a more specific statutory 
criterion, evidentiary requirement, limitation, or bar 
under this Act;
``(C) to govern any use of the term `national 
interest' in this Act unless the relevant provision 
expressly references this subsection; or
``(D) to apply to section 103(a)(1).''.

TITLE II--IMMIGRANT AND NONIMMIGRANT CLASSIFICATIONS

SEC. 201. FAMILY-SPONSORED IMMIGRATION REFORM.

(a) Immediate Relative Redefined.--Section 201(b)(2)(A)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended, 
in the first sentence, by striking ``children, spouses, and parents'' 
and all that follows through ``21 years of age'' and inserting 
``spouses and unmarried children under 18 years of age of a citizen of 
the United States''.
(b) Modification of Family-Sponsored Preference Classification.--
(1) In general.--Subsection (a) of section 203 of such Act 
(8 U.S.C. 1153) is amended to read as follows:
``(a) Spouses and Minor Children of Lawful Permanent Residents.--
Visas shall be made available, subject to section 201(c), to qualified 
immigrants who are the spouses or children under 18 years of age of an 
alien lawfully admitted for permanent residence.''.
(2) Worldwide level of family-sponsored immigrants.--
Section 201(c) of such Act (8 U.S.C. 1151(c)) is amended--
(A) by amending paragraph (1) to read as follows:
``(A) In general.--The worldwide level of family-
sponsored immigrants under this subsection for a fiscal 
year is equal to--
``(i) 88,000; reduced by
``(ii) the number computed under paragraph 
(2).'';
(B) by striking paragraphs (2), (3), and (5); and
(C) by redesignating paragraph (4) as paragraph 
(2).
(c) Nonimmigrant Classification for Parents of United States 
Citizens.--
(1) In general.--Section 101(a)(15) of such Act (8 U.S.C. 
1101(a)(15)) is amended--
(A) in subparagraph (T)(ii)(III), by striking the 
period at the end and inserting a semicolon;
(B) in subparagraph (U)(iii), by striking ``; or'' 
and inserting a semicolon;
(C) in subparagraph (V)(ii)(II), by striking the 
period at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(W) subject to section 214(s), an alien who is 
the parent of a citizen of the United States, if such 
citizen has attained 21 years of age.''.
(2) Conditions for admission.--Section 214 of such Act (8 
U.S.C. 1184) is amended by adding at the end the following:
``(s) Parents of Citizens of the United States.--
``(1) Period of admission.--The initial period of admission 
for an alien admitted as a nonimmigrant described in section 
101(a)(15)(W) shall be 5 years.
``(2) Extension.--Such period may be extended only if the 
United States citizen sponsor resides in the United States.
``(3) Ineligibility for employment and public benefits.--An 
alien admitted pursuant to a visa for a nonimmigrant described 
in section 101(a)(15)(W) shall be ineligible for employment and 
ineligible for any Federal, State, or local public benefit.
``(4) Financial responsibility.--The United States citizen 
sponsor shall be financially responsible for the support of 
such alien.
``(5) Health insurance.--Admission as a nonimmigrant 
described in section 101(a)(15)(W) shall require proof of 
health insurance coverage that does not impose any cost on the 
alien or on a Federal, State, or local government.
``(6) No immigrant status created.--Admission as a 
nonimmigrant described section 101(a)(15)(W) shall not be 
construed to confer eligibility for immigrant classification or 
adjustment of status except as otherwise expressly provided by 
law.''.
(d) Technical and Conforming Amendments.--The Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)), by 
striking ``section 203(a)(2)(A)'' each place such term appears 
and inserting ``section 203(a)'';
(2) in section 201(f) (8 U.S.C. 1151(f))--
(A) in paragraph (1), by striking ``the age 
requirement in the matter preceding subparagraph (A) of 
section 101(b)(1)'' and inserting ``the age requirement 
applicable to classification under such subsection'';
(B) in paragraph (2), by striking ``section 
203(a)(2)(A)'' and inserting ``section 203(a)'';
(C) by striking paragraph (3);
(D) by redesignating paragraph (4) as paragraph 
(3); and
(E) in paragraph (3), as redesignated, by striking 
``(1) through (3)'' and inserting ``(1) and (2)'';
(3) in section 203(h), by amending paragraph (2) to read as 
follows:
``(2) Petition described.--The petition described in this 
paragraph is, with respect to an alien child who is a 
derivative beneficiary under subsection (d), a petition filed 
under section 204 for classification of the alien's parent 
under subsection (a) or (b).'';
(4) in section 204 (8 U.S.C. 1154)--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) in clause (i), by 
striking ``paragraph (1), (3), 
or (4) of''; and
(bb) by striking clause 
(vii);
(II) in subparagraph (B)--
(aa) in clause (i)--

(AA) by 
redesignating the 
second subclause (I) as 
subclause (II) and 
moving such subclause 4 
ems to the left; and

(BB) in subclause 
(I), by striking 
``203(a)(2)'' and 
inserting ``203(a)''; 
and

(bb) by striking 
``203(a)(2)(A)'' each place 
such term appears and inserting 
``203(a)''; and
(III) in subparagraph (D)(i)(I)--
(aa) by striking ``21 years 
of age'' each place such term 
appears and inserting ``18 
years of age''; and
(bb) by striking ``a 
petitioner for preference 
status under paragraph (1), 
(2), or (3) of section 203(a)'' 
and inserting ``an individual 
younger than 18 years of age 
for purposes of adjudicating 
such petition and for purposes 
of admission as an immediate 
relative under section 
201(b)(2)(A)(i) or a family-
sponsored immigrant under 
section 203(a), as 
applicable.''; and
(ii) in paragraph (2)(A)--
(I) in the matter preceding clause 
(i), by striking ``second preference''; 
and
(II) in the matter at the end, by 
striking ``the term'' and all that 
follows through ``section 203(a)(2),'' 
and inserting ``the term `spousal 
petition' refers to a petition seeking 
classification under section 203(a)'';
(B) in subsection (f)(1), by striking ``, 
203(a)(1), or 203(a)(3), as appropriate'';
(C) by striking subsection (k); and
(D) by redesignating subsection (l) as subsection 
(k);
(5) in section 212 (8 U.S.C. 1182)--
(A) in subsection (a)(6)(E)(ii), by striking 
``section 203(a)(2)'' and inserting ``section 203(a)''; 
and
(B) in subsection (d)(11), by striking ``(other 
than paragraph (4) thereof)'';
(6) in section 213A(f)(5)(B)(ii) (8 U.S.C. 
1183a(f)(5)(B)(ii)), by striking ``section 204(l)'' and 
inserting ``204(k)'';
(7) in section 214(q)(1)(B)(i) (8 U.S.C. 1184(q)(1)(B)(i)), 
by striking ``section 203(a)(2)(A)'' each place such term 
appears and inserting ``section 203(a)'';
(8) in section 216(h)(1)(C) (8 U.S.C. 1186a(h)(1)(C)), by 
striking ``section 203(a)(2)'' and inserting ``section 
203(a)''; and
(9) in section 237(a)(1)(E)(ii) (8 U.S.C. 
1227(a)(1)(E)(ii)), by striking ``section 203(a)(2)'' and 
inserting ``section 203(a)''.

SEC. 202. ELIMINATION OF DIVERSITY IMMIGRANT CATEGORY.

(a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended--
(1) in section 201 (8 U.S.C. 1151)--
(A) in subsection (a)--
(i) in paragraph (1), by striking the 
semicolon and inserting ``; and'';
(ii) in paragraph (2), by striking ``; 
and'' and inserting a period; and
(iii) by striking paragraph (3); and
(B) by striking subsection (e); and
(2) in section 203 (8 U.S.C. 1153(c)), by striking 
subsection (c).
(b) Technical and Conforming Amendments.--The Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 203 (8 U.S.C. 1153)--
(A) in subsection (d), by striking ``under 
subsection (a), (b), or (c)'' and inserting ``under 
subsection (a) or (b)'';
(B) in subsection (e)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as 
paragraph (2);
(C) in subsection (f), by striking ``or in 
subsection (a), (b), or (c)'' and inserting ``or in 
subsection (a) or (b)''; and
(D) in subsection (g), by striking ``subsections 
(a), (b), and (c)'' and inserting ``subsections (a) and 
(b)''; and
(2) in section 204--
(A) in subsection (a)(1)--
(i) by striking subparagraph (I); and
(ii) by redesignating subparagraphs (J) and 
(K) as subparagraphs (I) and (J), respectively; 
and
(B) in subsection (e), by striking ``in behalf'' 
and all that follows through ``section 203'' and 
inserting ``on behalf of whom a petition under this 
section is approved, to be admitted to the United 
States as an immigrant under subsection (a) or (b) of 
section 203''.
(c) Application.--
(1) In general.--The amendments made by this section shall 
apply only with respect to petitions and applications pending 
on, or filed on or after, the date of the enactment of this 
Act.
(2) Prior diversity visa selections.--An alien selected 
before the date of the enactment of this Act for a diversity 
immigrant visa under section 203(c) of the Immigration and 
Nationality Act, as in effect on the day before such date of 
enactment, is not eligible, on or after that date, to receive a 
visa on the basis of that selection, and no petition or 
application based on that selection may be approved, and no 
immigrant visa may be issued to the alien on the basis of that 
selection, on or after that date.

SEC. 203. EMPLOYMENT-BASED IMMIGRATION.

(a) Stabilizing the Worldwide Level of Employment-Based 
Immigrants.--Section 201(d) of the Immigration and Nationality Act (8 
U.S.C. 1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--The 
worldwide level of employment-based immigrants granted visas in each 
fiscal year pursuant to section 203(b) shall be not more than 
140,000.''.
(b) Allocation of Employment-Based Immigrant Visas.--Section 203(b) 
of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended to 
read as follows:
``(b) Employment-Based Immigrants.--
``(1) In general.--Visas shall be made available, subject 
to section 201(d), to qualified immigrants whose admission has 
been certified by the Secretary of Homeland Security to be in 
the national interest in accordance with section 101(j)(2).
``(2) Standard for certification.--The Secretary of 
Homeland Security shall make the certification described in 
paragraph (1) with respect to an alien if the alien has 
established, by a preponderance of the evidence, that--
``(A) he or she satisfies at least 1 presumptive 
positive factor described in paragraph (3);
``(B) none of the grounds of inadmissibility listed 
under paragraph (6) applies to him or her; and
``(C) all presumptive negative factors described in 
paragraph (5) have been rebutted.
``(3) Presumptive positive factors.--
``(A) High compensation.--The alien has a bona fide 
offer of employment in the United States for which he 
or she will receive a salary, or has verified his or 
her ability to generate self-employment income in the 
United States, that is at or above the 90th percentile 
salary for the most relevant occupation code and area 
of intended employment, as determined under regulations 
prescribed by the Secretary of Homeland Security, in 
consultation with the Secretary of Labor.
``(B) National interest occupation or shortage 
service.--
``(i) National interest occupation.--The 
alien has a bona fide offer of employment in a 
National Interest Occupation for which he or 
she will receive a salary that is at or above 
the 75th percentile salary for the relevant 
occupation code and area of intended 
employment.
``(ii) Shortage position.--The alien has 
committed to provide full-time service for a 
period of not fewer than 5 years in a federally 
designated medical, mental-health, dental, 
veterans, or other statutorily designated 
shortage position, in accordance with 
regulations prescribed by the Secretary of 
Homeland Security, in consultation with the 
Secretary of Labor.
``(C) Strategic federal support.--
``(i) In general.--The alien has received a 
written certification that--
``(I) was executed by--
``(aa) the head of a 
Federal department or agency 
designated under clause (ii); 
or
``(bb) a Senate-confirmed 
officer of a Federal department 
or agency designated under 
clause (ii) who was appointed 
by the head of such department 
or agency to execute 
certifications under this 
clause;
``(II) identifies a published 
national priority of the United States 
that is materially related to the 
alien's proposed work; and
``(III) states the alien's proposed 
work materially advances such national 
priority.
``(ii) Designated departments and 
agencies.--The Federal departments and agencies 
designated under this clause are--
``(I) the Department of Defense;
``(II) the Department of Energy;
``(III) the Department of Commerce;
``(IV) the Department of Health and 
Human Services;
``(V) the Department of 
Agriculture;
``(VI) the Department of Veterans 
Affairs;
``(VII) the National Aeronautics 
and Space Administration;
``(VIII) the National Science 
Foundation; and
``(IX) any other Federal department 
or agency that has been so designated 
by an Act of Congress.
``(iii) Defined term.--In this 
subparagraph, the term `published national 
priority' means a priority identified in a 
published strategy, plan, directive, funding 
announcement, or other official document of the 
applicable Federal department or agency.
``(D) Extraordinary ability.--The alien 
demonstrates sustained national or international 
acclaim in a field materially related to the alien's 
proposed endeavor in the United States by providing 
evidence that satisfies at least 3 of the following 
criteria:
``(i) Receipt of a major nationally or 
internationally recognized prize or award for 
excellence in the field, supported by objective 
evidence of the selectivity, prestige, and 
significance of the prize or award.
``(ii) Authorship of scholarly articles, 
major published works, patented inventions, or 
other original contributions of major 
significance in the field.
``(iii) Evidence that the alien's work has 
been widely cited, adopted, licensed, 
commercialized, implemented, or otherwise 
materially relied upon by recognized public or 
private entities in the field.
``(iv) Participation, by invitation or 
selection based on expertise, as a judge, peer 
reviewer, evaluator, or member of a selection 
panel for the work of others in the same or an 
allied field.
``(v) Service in a leading or critical 
capacity for an entity with a distinguished 
reputation, supported by objective evidence of 
the significance of the alien's contributions.
``(vi) Commanding compensation, equity, or 
other remuneration demonstrating exceptional 
standing in the field, as established by 
objective market evidence.
``(E) Entrepreneurship and innovation.--The alien 
provides reliable evidence that--
``(i) a startup entity in which the alien 
holds a substantial ownership interest and 
central managerial role has received--
``(I) not less than $500,000 in 
qualified investment from qualified 
United States investors; or
``(II) not less than $200,000 in 
qualifying Federal, State, or local 
research, development, or 
commercialization funding;
``(ii) the investment or funding referred 
to in clause (i) is documented by binding 
investment instruments, grant award documents, 
audited capitalization records, or such other 
objective evidence as the Secretary of Homeland 
Security may prescribe;
``(iii) such entity has a credible plan to 
create not fewer than 5 full-time jobs for 
workers in the United States during the 3-year 
period beginning on the date on which the alien 
is admitted to the United States; and
``(iv) the alien's claim does not rely 
solely on self-valued assets, unaudited 
internal valuations, or unsupported 
projections.
``(4) National interest occupation list.--
``(A) In general.--The Secretary of Homeland 
Security, in consultation with the Secretary of Labor, 
shall establish and maintain a list of occupations 
designated as National Interest Occupations for 
purposes of paragraph (3)(B)(i).
``(B) Standard.--An occupation may be included on 
the list established pursuant to subparagraph (A) only 
if the Secretary of Homeland Security determines, based 
on objective evidence, that such occupation is 
associated with persistent labor shortages, strategic 
national need, or other circumstances demonstrating 
that employment in such occupation materially advances 
the economic, cultural, or security interests of the 
United States.
``(C) Publication.--The list established pursuant 
to subparagraph (A), and any additions to, or removals 
from, such list, shall be published in the Federal 
Register.
``(D) Periodic review.--Not less frequently than 
once every 4 years, the Secretary of Homeland Security, 
in consultation with the Secretary of Labor, shall--
``(i) review the list established pursuant 
to subparagraph (A); and
``(ii) add occupations to, or remove 
occupations from, such list, as appropriate.
``(5) Presumptive negative factors.--Unless rebutted under 
paragraph (7), there is a presumption that an alien's request 
for certification under paragraph (1) should be denied if any 
of the following factors exists:
``(A) Sub-median compensation.--With respect to the 
alien's most recent employment, the alien received 
compensation that was lower than--
``(i) the median wage for the relevant 
occupation code and area of intended 
employment; or
``(ii) the required prevailing wage in 
circumstances where a prevailing wage 
determination is required.
``(B) Limited english proficiency.--The alien's 
English proficiency is at a level that is lower than 
English level B1 on the Common European Framework of 
Reference scale, or its equivalent, unless the alien 
meets the criteria described in subparagraph (C) or (D) 
of paragraph (3) or another exception prescribed by 
regulation.
``(C) Serious employer labor noncompliance.--There 
has been a final order of debarment or other final 
determination of serious labor law noncompliance during 
the 5-year period immediately preceding a request for 
certification under paragraph (1) against the 
petitioning employer or startup entity.
``(D) Insufficient showing of self-sufficiency.--
The alien fails to establish, through objective 
evidence, the present ability and prospective capacity 
to support himself or herself in the United States 
without reliance on means-tested public benefits.
``(6) Grounds of inadmissibility.--The Secretary of 
Homeland Security may not grant a certification to any alien 
who is inadmissible under paragraph (2), (3), or (6)(C) of 
section 212(a), unless a waiver to such ground of 
inadmissibility is available and granted under this Act.
``(7) Notice and rebuttal.--Before denying certification 
under paragraph (1) on the basis of a factor described in 
paragraph (5), the Secretary of Homeland Security shall--
``(A) provide written notice to the petitioner that 
identifies the applicable presumptive negative factors; 
and
``(B) provide the alien not fewer than 60 days to 
submit evidence to rebut such factors.
``(8) Priority order when visa demand exceeds supply.--
``(A) In general.--If the number of aliens eligible 
for certification under this subsection in a fiscal 
year exceeds the number of visas available under this 
subsection in such fiscal year, the Secretary of 
Homeland Security shall prioritize the available visas 
in the following order:
``(i) Aliens who meet a factor described in 
subparagraph (C) or (D) of paragraph (3).
``(ii) Aliens who meet a factor described 
in paragraph (3)(B).
``(iii) Aliens who meet a factor described 
in paragraph (3)(A).
``(iv) Aliens who meet a factor described 
in paragraph (3)(E).
``(B) Priority order within a subgroup.--If the 
number of aliens described in any clause under 
subparagraph (A) in a fiscal year exceeds the number of 
visas available for such aliens in such fiscal year, 
the Secretary of Homeland Security shall prioritize the 
available visas in the following order:
``(i) Aliens who will be receiving a salary 
or generating self-employment income at a 
higher applicable wage percentile.
``(ii) Earliest priority date.
``(9) Rulemaking.--Not later than 180 days after the date 
of the enactment of the ASSIMILATION Act, the Secretary of 
Homeland Security shall prescribe regulations to carry out this 
subsection, including rules for--
``(A) occupational wage mapping;
``(B) English-equivalency standards;
``(C) qualified investment requirements;
``(D) employer noncompliance penalties; and
``(E) self-sufficiency requirements.
``(10) Derivative aliens.--A spouse or child described in 
section 203(d) who is accompanying or following to join a 
principal alien granted a visa under this subsection shall be 
entitled to the same status and the same order of consideration 
as such principal alien.''.

SEC. 204. H-1B REFORMS.

(a) Labor Condition Requirements.--Section 212(n) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended by adding 
at the end the following:
``(6)(A) No application under this subsection may be 
approved unless the employer attests, and the Secretary 
concurs, that the wage level for the position to be filled by 
the H-1B nonimmigrant is not less than 200 percent of the 
median wage for the occupational classification code in the 
area of intended employment.
``(B) The Secretary of Homeland Security, to the maximum 
extent practicable and consistent with this Act, shall 
prioritize petitions filed on behalf of aliens who have earned 
a degree in science, technology, engineering, or mathematics 
from an institution of higher education in the United 
States.''.
(b) Numerical Limitation and Period of Admission.--Section 214(g) 
of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--
(1) by striking paragraphs (5) and (6) and inserting the 
following:
``(5) The numerical limitations under paragraph (1)(A) shall not 
apply to a petition filed on behalf of an alien employed, or to be 
employed, by an institution or organization if the Secretary of 
Homeland Security determines such employment affirmatively serves the 
economic, cultural, or security interests of the United States, as 
described in section 101(h).
``(6) An alien previously approved pursuant to paragraph (5) shall 
be counted toward the numerical limitations under paragraph (1)(A) upon 
the first approval of a petition filed by an employer that does not 
qualify under paragraph (5) unless the alien has previously been 
counted toward such limitations.''; and
(2) by adding at the end the following:
``(12)(A) Notwithstanding any other provision of this subsection, 
the total number of aliens who may be issued visas or otherwise 
provided status as nonimmigrants under section 101(a)(15)(H)(i)(b) in 
any fiscal year may not exceed 50,000.
``(B) An alien may not be accorded status under section 
101(a)(15)(H)(i)(b) for a period exceeding 3 years. Such status may not 
be extended or renewed.
``(C) An alien who has been granted status as a nonimmigrant under 
section 101(a)(15)(H)(i)(b) may not adjust his or her status to that of 
an alien lawfully admitted for permanent residence unless the alien 
remains outside of the United States for a continuous period of not 
less than 2 years following the expiration of such status.''.

SEC. 205. OPTIONAL PRACTICAL TRAINING.

Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)) is amended by adding at the end the following:
``(4) An alien admitted as a nonimmigrant described in 
section 101(a)(15)(F)(i) shall not be considered authorized to 
be employed in the United States.''.

SEC. 206. PER COUNTRY LIMITATIONS.

Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) 
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``Subject to 
paragraphs (3), (4), and (5), the'' and inserting 
``The''; and
(B) by striking paragraphs (3), (4), and (5); and
(2) by amending subsection (e) to read as follows:
``(e) Allocation of Visa Numbers for Countries at Per Country 
Ceiling.--
``(1) In general.--If the Secretary of State determines the 
total number of immigrant visas made available under 
subsections (a) and (b) of section 203 to natives of a single 
foreign state or dependent area will exceed the numerical 
limitation specified in subsection (a)(2) in a fiscal year, 
immigrant visa numbers for natives of that foreign state or 
dependent area shall be allocated in accordance with paragraph 
(2).
``(2) Allocation between family-sponsored and employment-
based immigrants.--The total number of immigrant visa described 
in paragraph (1) shall be allocated, to the extent practicable 
and consistent with this section and section 203, in a manner 
so that the ratio of the number of visas made available under 
section 203(a) to the number of visas made available under 
section 203(b) is equal to the ratio of the worldwide level of 
family-sponsored immigrants under section 201(c) to the 
worldwide level of employment-based immigrants under section 
201(d).''.

TITLE III--ADMISSION, INADMISSIBILITY, SPONSORSHIP, AND ADMINISTRATIVE 
AUTHORITY

SEC. 301. PUBLIC CHARGE.

(a) Inadmissibility.--Section 212(a)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(4)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) In general.--Any alien who, in the opinion of 
the consular officer at the time of application for a 
visa, or in the opinion of the Secretary of Homeland 
Security at the time of application for admission or 
adjustment of status, and based on objective evidence 
and the totality of the circumstances described in 
subparagraph (B), fails to establish the present 
ability and prospective capacity to support the alien 
and the alien's dependents in the United States without 
reliance on means-tested public benefits is 
inadmissible.'';
(2) by amending subparagraph (B) to read as follows:
``(B) Factors to be taken into account.--In 
determining whether an alien is inadmissible under this 
paragraph, the consular officer or the Secretary of 
Homeland Security shall consider, based on objective 
evidence and the totality of the circumstances, at a 
minimum, the alien's--
``(i) age;
``(ii) health;
``(iii) family status;
``(iv) assets, resources, liabilities, and 
financial status;
``(v) education and skills;
``(vi) employment history, prospective 
employability, and expected lawful means of 
support;
``(vii) history of receipt of means-tested 
public benefits, if any;
``(viii) English proficiency;
``(ix) such assimilation-related factors as 
the Secretary of Homeland Security may 
prescribe; and
``(x) any affidavit of support required 
under section 213A and any bond posted under 
section 213 or 213A(g).''; and
(3) by adding at the end the following:
``(F) Presumption from benefit dependency.--
``(i) In general.--An alien who is subject 
to this paragraph shall be presumed to have 
become a public charge if the alien receives 
one or more means-tested public benefits for 
more than 12 months in the aggregate within any 
36-month period, such that receipt of two 
benefits in one month shall count as two 
months.
``(ii) Rebuttal.--The presumption under 
clause (i) may be rebutted only through 
objective evidence establishing that the 
receipt of benefits--
``(I) was directly attributable to 
circumstances that arose after the 
alien's admission or adjustment of 
status;
``(II) was not reasonably 
foreseeable at the time of such 
admission or adjustment; and
``(III) is not indicative of a 
present inability or prospective 
incapacity to remain self-sufficient in 
the United States.
``(iii) Rule of construction.--Nothing in 
this subparagraph may be construed to limit the 
authority of the consular officer or the 
Secretary of Homeland Security to determine, 
under the totality of the circumstances, that 
an alien is inadmissible under this paragraph, 
notwithstanding that the alien has not received 
benefits in the amount or duration described in 
clause (i).''.
(b) Deportability.--Paragraph (5) of section 237(a) of such Act (8 
U.S.C. 1227(a)) is amended to read as follows:
``(5) Public charge.--Any alien who, at any time after the 
date of admission as an immigrant or adjustment of status to 
that of an alien lawfully admitted for permanent residence, has 
become a public charge, including any alien subject to section 
212(a)(4) who meets the presumption described in section 
212(a)(4)(F), is deportable, unless the alien establishes, 
through objective evidence, that the cause arose after such 
admission or adjustment from circumstances that were not 
reasonably foreseeable at the time of such admission or 
adjustment.''.
(c) Rescission of Adjustment of Status.--Section 246(a) of such Act 
(8 U.S.C. 1256(a)) is amended by inserting after the first sentence the 
following: ``For purposes of the preceding sentence, a person shall be 
considered not to have been in fact eligible for adjustment of status 
if, at any time after the date of adjustment, the person meets the 
presumption described in section 212(a)(4)(F), unless the person 
establishes, through objective evidence, that the cause arose after 
adjustment from circumstances that were not reasonably foreseeable at 
the time of adjustment.''.
(d) Savings Provision.--Nothing in the amendments made by this 
section may be construed to repeal or narrow any exemption from section 
212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
that is expressly provided elsewhere in such Act or in any other Act of 
Congress.
(e) Rulemaking.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of State and the Secretary of Health 
and Human Services, shall prescribe regulations to carry out this 
section and the amendments made by this section.

SEC. 302. AFFIDAVITS OF SUPPORT AND SPONSOR FINANCIAL REQUIREMENTS.

Section 213A of the Immigration and Nationality Act (8 U.S.C. 
1183a) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``125 
percent'' and inserting ``200 percent''; and
(B) in subparagraph (B), by striking ``(as defined 
in subsection (e))'';
(2) in subsection (b)--
(A) in paragraph (1)(A), by striking ``Upon 
notification that a sponsored alien has received any 
means-tested public benefit'' and inserting ``Not later 
than 30 days after receiving notice or other reliable 
evidence that a sponsored alien has received any means-
tested public benefit''; and
(B) in paragraph (2)(A), by striking ``45 days'' 
and inserting ``30 days'';
(3) in subsection (c), in the second sentence, by inserting 
``, including administrative offset under section 3716 of such 
title and any lien authorized under subsection (g)'' before the 
period at the end;
(4) in subsection (f)--
(A) in paragraph (1)(E), by striking ``125 
percent'' and inserting ``200 percent'';
(B) in paragraph (4)(B)(i), by striking ``125 
percent'' and inserting ``200 percent''; and
(C) in paragraph (5)(A), by striking ``125 
percent'' and inserting ``200 percent'';
(5) by inserting after subsection (f) the following:
``(g) Sponsor Bond and Liens.--
``(1) Bond required.--An affidavit of support accepted 
under this section shall not be considered sufficient unless 
each sponsor and joint sponsor whose income or assets are 
relied upon to satisfy subsection (f) has posted, with respect 
to each sponsored alien, a bond or other surety satisfactory to 
the Secretary of Homeland Security in an amount not less than 
$20,000.
``(2) Conditions.--A bond under paragraph (1) shall be 
conditioned on--
``(A) compliance with the sponsor's support 
obligations under subsection (a);
``(B) reimbursement of any means-tested public 
benefit described in subsection (b); and
``(C) payment of any civil penalty or collection 
cost lawfully assessed under this section.
``(3) Period of effectiveness.--
``(A) In general.--Subject to subparagraph (B), a 
bond under paragraph (1) shall remain in effect until 
the earlier of--
``(i) the date that is 10 years after the 
date of the sponsored alien's admission or 
adjustment of status;
``(ii) that date of the sponsored alien's 
naturalization as a citizen of the United 
States;
``(iii) the date of the sponsored alien's 
death; or
``(iv) the date of the sponsored alien's 
permanent departure from the United States.
``(B) Treatment of liabilities incurred.--Liability 
incurred before the termination date under subparagraph 
(A) shall remain enforceable until satisfied.
``(4) Forfeiture.--If a sponsor fails to reimburse amounts 
due under subsection (b) within 30 days after a final written 
demand, the Secretary of Homeland Security or the requesting 
governmental entity may declare the bond forfeited in an amount 
sufficient to satisfy the unpaid obligation, together with 
interest, administrative costs, and costs of collection.
``(5) Liens.--Any amount finally determined and unpaid 
under this section shall constitute a debt due the United 
States. Upon notice and opportunity for a hearing, the United 
States may record a lien in favor of the United States on all 
property and rights to property, whether real or personal, of 
the sponsor, and may enforce such debt under subsection (c) and 
subchapter II of chapter 37 of title 31, United States Code.
``(6) Regulations.--The Secretary of Homeland Security, in 
consultation with the Secretary of State and the Secretary of 
the Treasury, shall prescribe regulations governing bond form, 
surety, forfeiture, lien notice, hearing rights, and 
release.''; and
(6) in subsection (i)--
(A) in paragraph (2), by striking ``Attorney 
General'' and inserting ``Secretary of Homeland 
Security''; and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph 
(A), by striking ``Attorney General'' and 
inserting ``Secretary of Homeland Security'';
(ii) in subparagraph (A), by striking ``; 
and'' and inserting a semicolon;
(iii) in subparagraph (B), by striking the 
period at the end and inserting a semicolon; 
and
(iv) by adding at the end the following:
``(C) the number of reimbursement requests issued 
under subsection (b)(1)(A), the number of actions 
brought under subsection (b)(2), the number of bond 
forfeitures under subsection (g), and the total dollar 
amount recovered under this section during such fiscal 
year.''.

SEC. 303. VISA OVERSTAYS.

(a) Voiding Nonimmigrant Visas That Have Expired or for 
Noncompliance.--Section 222(g) of the Immigration and Nationality Act 
(8 U.S.C. 1202(g)) is amended to read as follows:
``(g)(1) The nonimmigrant visa of an alien who has been admitted to 
the United States shall be void beginning on the date (excluding any 
period tolled under section 212(a)(9)(B)(iv)) that is 10 days after--
``(A) the last day of such alien's authorized period of 
stay under such visa; or
``(B) the date on which U.S. Immigration and Customs 
Enforcement determines such alien--
``(i) has materially failed to maintain the 
nonimmigrant status in which such alien was admitted or 
to which it was changed under section 248; or
``(ii) has materially fails to comply with the 
conditions of such status.
``(2) An alien described in paragraph (1) shall be ineligible to be 
readmitted to the United States as a nonimmigrant, except--
``(A) on the basis of a visa (other than the visa described 
in paragraph (1)) issued in a consular office located in the 
country of the alien's nationality (or, if there is no office 
in such country, in such other consular office as the Secretary 
of State shall specify); or
``(B) if the Secretary of State determines the existence of 
extraordinary circumstances justifying such readmission.
``(3) The provisions of this subsection are in addition to, and not 
in lieu of, any ground of inadmissibility or deportability or any 
criminal or civil penalty otherwise provided by law.''.
(b) Overstay Offense and Penalties.--Section 275 of the Immigration 
and Nationality Act (8 U.S.C. 1325) is amended--
(1) in subsection (a), by inserting ``or if the alien was 
previously convicted of an offense under subsection (e)(2)(A)'' 
after ``for a subsequent commission of any such offense'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``at least $50 
and not more than $250'' and inserting ``not less than 
$500 and not more than $1,000''; and
(B) in paragraph (2), by inserting ``or subsection 
(e)(2)(B)'' after ``under this subsection''; and
(3) by adding at the end the following:
``(e)(1) An alien who was admitted as a nonimmigrant violates this 
subsection if the alien, for an aggregate of 10 days or more (excluding 
any period tolled under section 212(a)(9)(B)(iv))--
``(A) remains in the United States beyond the period of 
stay authorized by the Secretary of Homeland Security; or
``(B) materially fails to maintain the nonimmigrant status 
in which the alien was admitted or to which it was changed 
under section 248, or materially fails otherwise to comply with 
the conditions of such status.
``(2) An alien who violates paragraph (1)--
``(A) shall--
``(i) for the first commission of such violation, 
be fined under title 18, United States Code, imprisoned 
for not more than 6 months, or both; and
``(ii) for a subsequent commission of such 
violation, or if the alien was previously convicted of 
an offense under subsection (a), be fined under such 
title 18, imprisoned not more than 2 years, or both; 
and
``(B) in addition to any penalty assessed under 
subparagraph (A) and any other criminal or civil penalties that 
otherwise may be imposed, shall be subject to a civil penalty 
of--
``(i) not less than $500 and not more than $1,000 
for each violation; or
``(ii) twice the amount specified in clause (i), in 
the case of an alien who has been previously subject to 
a civil penalty under this subparagraph or subsection 
(b).''.

SEC. 304. PAROLE.

Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)) is amended--
(1) by striking ``(5)(A) The Secretary'' and all that 
follows through the period at the end of subparagraph (A) and 
inserting the following:
``(5)(A)(i) The Secretary of Homeland Security may, except as 
provided in subparagraph (B) or in section 214(f), in the discretion of 
the Secretary, parole into the United States temporarily, for a period 
not to exceed 90 days and under such conditions as the Secretary may 
prescribe, only on a case-by-case basis for urgent humanitarian reasons 
or significant public benefit, as set forth in a written determination, 
any alien applying for admission to the United States.
``(ii) Parole of an alien under clause (i) shall not be regarded as 
an admission of the alien, and when the purposes of such parole have 
been served, the alien shall forthwith return or be returned to the 
custody from which the alien was paroled, and thereafter the alien's 
case shall continue to be dealt with in the same manner as that of any 
other applicant for admission to the United States.''; and
(2) by adding at the end the following:
``(D) No extension absent act of congress.--Parole granted 
under subparagraph (A)(i) may not be extended, renewed, or 
granted again beyond an aggregate period of 90 days unless an 
Act of Congress expressly authorizes such longer period.
``(E) No categorical or programmatic parole.--Parole under 
subparagraph (A)(i) may not be granted on a categorical, class-
wide, or programmatic basis, and may not be used to circumvent 
any numerical limitation, refugee admission process under 
section 207, labor certification requirement, or other 
limitation or requirement under this Act.
``(F) Record retention.--The Secretary of Homeland Security 
shall retain each written determination under subparagraph 
(A)(i) for not less than 10 years.''.

SEC. 305. LIMITATIONS ON ENFORCEMENT DISCRETION.

Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) 
is amended by adding at the end the following:
``(h) Limitations on Enforcement Discretion.--
``(1) No categorical nonenforcement.--Except as expressly 
authorized by this Act or by any other Act of Congress, the 
Secretary of Homeland Security and the Attorney General may not 
adopt, implement, or rely upon a policy, memorandum, rule, 
order, or program that prospectively exempts or purports to 
exempt a class or category of aliens from inspection, 
apprehension, detention, initiation of removal proceedings, 
adjudication of removability, or execution of final orders of 
removal.
``(2) No categorical deferred action or similar 
nonenforcement status.--Except as expressly authorized by this 
Act or by any other Act of Congress, the Secretary of Homeland 
Security and the Attorney General may not grant deferred action 
or any similar form of categorical nonenforcement status to a 
class or category of aliens.
``(3) Case-by-case deferrals.--Nothing in this subsection 
may be construed to preclude an individualized decision, 
supported by a written determination, to defer a specific 
enforcement action for a period not to exceed 180 days, which 
may be renewed only upon a new written determination, on the 
basis of--
``(A) a serious medical emergency;
``(B) the alien's material assistance as a witness, 
victim, or informant in a criminal, civil, or 
administrative investigation or proceeding;
``(C) a compelling national security or law 
enforcement interest; or
``(D) another compelling humanitarian circumstance 
of comparable gravity specifically described in the 
written determination.
``(4) No immigration status or benefit created.--A deferral 
granted pursuant to paragraph (3)--
``(A) does not constitute an admission, parole, or 
lawful status of an alien; and
``(B) may not serve as the basis for employment 
authorization, advance parole, adjustment of status, or 
eligibility for any Federal public benefit, unless 
expressly authorized by this Act or by any other Act of 
Congress.
``(5) Operational sequencing.--Nothing in this subsection 
may be construed as prohibiting ordinary case-specific 
decisions regarding sequencing, scheduling, or resource 
allocation if such decisions do not amount violated the 
categorical nonenforcement prohibition described in paragraph 
(1).''.

TITLE IV--NATURALIZATION AND CITIZENSHIP

SEC. 401. GOOD MORAL CHARACTER.

(a) Expanded Statutory Bars.--Section 101(f) of the Immigration and 
Nationality Act (8 U.S.C. 1101(f)) is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and 
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) one who has been convicted of any felony under 
Federal, State, or local law;
``(11) during the period for which good moral character is 
required to be established, one who has been convicted of 1 or 
more misdemeanors under Federal, State, or local law;
``(12) one who has been found, by a final administrative or 
judicial determination, to have violated this Act or any of the 
immigration laws, including by failing to maintain lawful 
status or by overstaying a period of authorized admission by 
more than 180 days;
``(13) one who has engaged in fraud or willful 
misrepresentation in applying for, obtaining, or retaining any 
Federal, State, or local public benefit;
``(14) one who is described in section 212(a)(3) or 
237(a)(4), or who has knowingly participated in a criminal 
street gang (as defined in section 521(a) of title 18, United 
States Code), as established by clear and convincing evidence;
``(15) during such period, one who has been convicted of an 
offense involving the operation of a motor vehicle while under 
the influence of alcohol or drugs, or an offense described in 
section 237(a)(2)(E); or
``(16) one who has willfully failed to satisfy a Federal 
tax liability or a legally enforceable child-support 
obligation, as established by a final administrative or 
judicial determination.''.
(b) Totality of Circumstances in Naturalization Cases.--Section 
316(e) of such Act (8 U.S.C. 1427(e)) is amended--
(1) by striking ``(e) In determining'' and inserting the 
following:
``(e) Good Moral Character Determination.--
``(1) In general.--In determining''; and
(2) by adding at the end the following:
``(2) Considerations.--In making such determination, the 
Secretary of Homeland Security may consider the totality of the 
circumstances, including criminal history, employment history, 
tax compliance, compliance with support obligations, and civic 
conduct, and may require objective documentary evidence of such 
matters.''.

SEC. 402. NATURALIZATION.

(a) English Requirement.--Section 312 of the Immigration and 
Nationality Act (8 U.S.C. 1423) is amended--
(1) in subsection (a), by striking paragraph (1) and 
inserting the following:
``(1) an understanding of the English language, including 
the ability to read, write, speak, and comprehend English at a 
proficiency level not lower than B2 of the Common European 
Framework of Reference for Languages, or an equivalent standard 
prescribed by regulation; and''; and
(2) in subsection (b)--
(A) by striking paragraphs (2) and (3); and
(B) in paragraph (1), by striking ``(1) The 
requirements'' and inserting ``The requirements''.
(b) General Residence Period and Other Qualifications.--Section 
316(a) of such Act (8 U.S.C. 1427(a)) is amended--
(1) by striking ``applicant,'' and inserting ``applicant--
'';
(2) by striking ``(1) immediately'' and inserting the 
following:
``(1) immediately'';
(3) in paragraph (1)--
(A) by striking ``five years'' each place such term 
appears and inserting ``10 years''; and
(B) by striking ``three months,'' and inserting ``3 
months;'';
(4) in paragraph (2)--
(A) by striking ``(2) has resided'' and inserting 
the following:
``(2) has resided'';
(B) by striking ``, and'' and inserting a 
semicolon;
(5) in paragraph (3)--
(A) by striking ``(3) during'' and inserting the 
following:
``(4) during''; and
(B) by striking the period at the end and inserting 
``; and''; and
(6) by adding at the end the following:
``(4) during the 10-year period immediately preceding the 
date of filing an application for naturalization, has complied 
with all Federal tax filing and payment obligations, or is in 
full compliance with an approved payment arrangement;
``(5) during such period, has not received a means-tested 
public benefit, except as expressly exempted under section 
101(a)(54); and
``(6) has demonstrated civic integration through objective 
evidence prescribed by regulation, which may include compliance 
with registration requirements under the Military Selective 
Service Act, as applicable, and verified civic participation or 
community service.''.
(c) Spouses of Citizens.--Section 319(a) of such Act (8 U.S.C. 
1430(a)) is amended by striking ``three years'' each place such term 
appears and inserting ``10 years''.
(d) Application Evidence.--Section 334(a) of such Act (8 U.S.C. 
1445(a)) is amended by adding at the end the following: ``An 
application for naturalization shall include official Federal tax 
return transcripts, or such other official tax records as the Secretary 
of Homeland Security may prescribe, for each taxable year within the 
period for which continuous residence and good moral character must be 
established, together with such additional objective evidence as the 
Secretary may require to establish compliance with sections 312 and 
316.''.

SEC. 403. DOCUMENTATION OF CITIZENSHIP AT BIRTH.

(a) Clarification of Citizenship at Birth.--Section 301 of the 
Immigration and Nationality Act (8 U.S.C. 1401) is amended by adding at 
the end the following:
``(i) For purposes of subsection (a), a person born in the United 
States shall be considered `subject to the jurisdiction thereof' only 
if, at the time of the person's birth, at least 1 parent of the person 
was--
``(1) a citizen or national of the United States; or
``(2) an alien lawfully admitted for permanent residence.
``(j) For purposes of any Federal right, privilege, documentation, 
or benefit for which citizenship under subsection (a) is material, 
proof of birth in the United States shall not, standing alone, be 
conclusive evidence of citizenship unless accompanied by objective 
evidence, as prescribed by regulation, that the person satisfies 
subsection (i).''.
(b) Certificate of Citizenship.--Section 341(a) of such Act (8 
U.S.C. 1452(a)) is amended--
(1) in the first sentence, by inserting ``, or who claims 
to be a citizen of the United States by virtue of subsection 
(a) of section 301, as qualified by subsection (i) of such 
section,'' after ``under the provisions of section 303 of this 
title''; and
(2) in the second sentence, by striking ``that the 
applicant's alleged citizenship was derived as claimed, or 
acquired, as the case may be,'' and inserting ``that the 
applicant's alleged citizenship was derived, acquired, or 
established, as the case may be, under the provision of law 
claimed,''.
(c) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State and the Secretary of 
Homeland Security shall jointly prescribe regulations to carry out the 
amendments made by this section, including regulations governing 
objective evidence of parental citizenship, nationality, or lawful 
permanent resident status at the time of birth.

TITLE V--ASYLUM, INSPECTION, DETENTION, AND UNACCOMPANIED ALIEN 
CHILDREN

SEC. 501. ASYLUM.

(a) Safe Third Country and Transit Bar.--Section 208(a)(2)(A) of 
the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(A)) is 
amended--
(1) by striking ``if the Attorney General determines'' and 
inserting ``if the Secretary of Homeland Security or the 
Attorney General determines--'';
(2) by striking ``that the alien may be removed'' and 
inserting the following:
``(i) that the alien may be removed'';
(3) by striking ``, pursuant to a bilateral or multilateral 
agreement, to'' and inserting ``to'';
(4) by inserting ``or the Secretary of Homeland Security, 
on a case-by-case basis,'' before ``finds that'';
(5) by striking the period at the end and inserting ``; 
or''; and
(6) by adding at the end the following:
``(ii) that the alien entered, attempted to 
enter, or arrived in the United States after 
transiting through at least 1 country outside 
of the alien's country of citizenship, 
nationality, or last lawful habitual residence 
en route to the United States, unless--
``(I) the alien demonstrates that 
the alien applied for protection from 
persecution or torture in at least 1 
country outside of the alien's country 
of citizenship, nationality, or last 
lawful habitual residence through which 
the alien transited en route to the 
United States and received a final 
judgment denying such protection in 
each such country;
``(II) the alien demonstrates that 
the alien was a victim of a severe form 
of trafficking in persons and, as a 
result of such trafficking, was unable 
to apply for protection from 
persecution or torture in each country 
through which the alien transited en 
route to the United States; or
``(III) the only countries through 
which the alien transited en route to 
the United States were, at the time of 
transit, not parties to the 1951 United 
Nations Convention relating to the 
Status of Refugees, the 1967 Protocol 
Relating to the Status of Refugees, or 
the United Nations Convention against 
Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment.''.
(b) Pending Employment Authorization.--Section 208(d)(2) of such 
Act (8 U.S.C. 1158(d)(2)) is amended to read as follows:
``(2) Employment.--An applicant for asylum is not entitled 
to employment authorization, and employment authorization may 
not be granted solely on the basis of a pending application for 
asylum under this section.''.
(c) Asylum Filing Fee.--Section 208(d)(3) of such Act (8 U.S.C. 
1158(d)(3)) is amended to read as follows:
``(3) Fees.--The fee for filing an application for asylum 
under this section shall be $500. The Attorney General shall 
impose fees for employment authorization under this section and 
for adjustment of status under section 209(b). Nothing in this 
paragraph shall be construed to limit the authority of the 
Attorney General to set additional adjudication and 
naturalization fees in accordance with section 286(m).''.
(d) Conforming Amendment Relating to Unaccompanied Alien 
Children.--Section 208(a)(2)(E) of such Act (8 U.S.C. 1158(a)(2)(E)) is 
amended by striking ``Subparagraphs (A) and (B)'' and inserting 
``Subparagraph (B)''.
(e) Jurisdiction of Asylum Applications Filed by Unaccompanied 
Alien Children.--Section 208(b)(3) of such Act (8 U.S.C. 1158(b)(3)) is 
amended by striking subparagraph (C).
(f) Additional Consequence for Frivolous Applications.--Section 
208(d)(6) of such Act (8 U.S.C. 1158(d)(6)) is amended by inserting ``, 
and, if the alien is ordered removed, may not be admitted to the United 
States during the 10-year period beginning on the date of the alien's 
departure or removal'' before the period at the end.

SEC. 502. CREDIBLE FEAR AND EXPEDITED REMOVAL.

(a) Higher Credible Fear Standard.--Section 235(b)(1)(B)(v) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended 
to read as follows:
``(v) Credible fear of persecution 
defined.--For purposes of this subparagraph, 
the term `credible fear of persecution' means 
that, taking into account the credibility of 
the statements made by the alien in support of 
the alien's claim, as determined pursuant to 
section 208(b)(1)(B)(iii), and such other facts 
as are known to the officer, the alien more 
likely than not could establish eligibility for 
asylum under section 208, and, more likely than 
not, the statements made by, and on behalf of, 
the alien in support of the alien's claim are 
true.''.
(b) Recording and Quality Assurance.--
(1) In general.--Section 235(b)(1)(B) of such Act (8 U.S.C. 
1225(b)(1)(B)) is amended by adding at the end the following:
``(vi) Recording and quality assurance.--
The Secretary of Homeland Security shall--
``(I) establish quality-assurance 
procedures to ensure, to the maximum 
extent practicable, that questions 
asked by employees of the Department of 
Homeland Security exercising expedited-
removal authority under this section 
are asked in a uniform manner and that 
both such questions and the answers 
provided in response are recorded in a 
uniform manner;
``(II) provide to immigration 
officers exercising decision-making 
authority in interviews under this 
subparagraph a checklist of standard 
questions and concepts to be addressed 
in all such interviews;
``(III) require that such 
checklists be routinely updated to 
reflect relevant changes in law and 
procedure and, at a minimum, require 
concise written justifications of the 
officer's decision whether credible 
fear of persecution was or was not 
established;
``(IV) where practicable, ensure 
that any sworn or signed written 
statement taken of an alien as part of 
the record of a proceeding under 
subparagraph (A) is accompanied by a 
recording of the interview that served 
as the basis for that statement;
``(V) ensure that a competent 
interpreter, not affiliated with the 
government of the country from which 
the alien may claim asylum, is used 
when the interviewing officer does not 
speak a language understood by the 
alien;
``(VI) ensure that there is an 
audio or audiovisual recording of 
interviews of aliens subject to 
expedited removal under this paragraph; 
and
``(VII) include any recording under 
subclause (VI) in the record of 
proceeding, where practicable, and 
permit such recording to be considered 
in any further proceeding involving the 
alien.''.
(2) Rule of construction.--Nothing in this subsection, or 
the amendment made by this subsection, shall be construed to 
create any right, benefit, trust, or responsibility, whether 
substantive or procedural, enforceable in law or equity by any 
party against the United States, its departments, agencies, 
instrumentalities, entities, officers, employees, or agents, or 
any other person, nor shall such section or amendment be 
construed to create any right of review in any administrative, 
judicial, or other proceeding.

SEC. 503. FAMILY DETENTION.

(a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended by adding at the end the following:
``(j) Construction.--
``(1) In general.--Notwithstanding any other provision of 
law, judicial determination, consent decree, or settlement 
agreement--
``(A) the detention of any alien child who is not 
an unaccompanied alien child shall be governed by 
sections 217, 235, 236, and 241 of the Immigration and 
Nationality Act (8 U.S.C. 1187, 1225, 1226, 1231); and
``(B) there is no presumption that an alien child 
who is not an unaccompanied alien child should not be 
detained.
``(2) Family detention.--The Secretary of Homeland Security 
shall--
``(A) maintain the care and custody of any alien 
who--
``(i) is charged only with a misdemeanor 
offense under section 275(a) of the Immigration 
and Nationality Act (8 U.S.C. 1325(a)); and
``(ii) entered the United States with the 
alien child of such alien, during the period 
during which such charge is pending; and
``(B) detain the alien with the alien child of such 
alien.
``(3) Alien child defined.--The term `alien child' means an 
individual who--
``(A) has not attained 18 years of age; and
``(B) is an alien, as that term is defined in 
section 101(a) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)).''.
(b) Sense of Congress.--It is the sense of Congress that the 
amendment made by subsection (a) is intended to satisfy the 
requirements of the Settlement Agreement in Flores v. Meese, No. 85-
4544 (C.D. Cal.), as approved by the court on January 28, 1997, with 
respect to its interpretation in Flores v. Johnson, 212 F. Supp. 3d 864 
(C.D. Cal. 2015), that the agreement applies to accompanied minors.
(c) Preemption of State Licensing Requirements.--Notwithstanding 
any other provision of law, judicial determination, consent decree, or 
settlement agreement, no State may require that an immigration 
detention facility used to detain children who have not attained 18 
years of age, or families consisting of 1 or more such children and the 
parents or legal guardians of such children, that is located in that 
State, be licensed by the State or any political subdivision thereof.
(d) Effective Date.--The amendment made by subsection (a) shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to all actions that occur before, on, or after 
such date.

SEC. 504. UNACCOMPANIED ALIEN CHILDREN.

(a) Repatriation and Screening.--Section 235(a) of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 
(8 U.S.C. 1232(a)) is amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking Special 
rules for children from contiguous countries and 
inserting ``Rules for unaccompanied alien children'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by 
striking ``who is a national or habitual 
resident of a country that is contiguous with 
the United States'';
(ii) in clause (i), by inserting ``and'' 
after the semicolon;
(iii) in clause (ii), by striking ``; and'' 
and inserting a period; and
(iv) by striking clause (iii); and
(C) in subparagraph (B)--
(i) in the matter preceding clause (i), by 
striking ``may'';
(ii) in clause (i), by inserting ``may'' 
before ``permit such child''; and
(iii) in clause (ii), by inserting 
``shall'' before ``return such child'';
(2) in paragraph (3), in the paragraph heading, by striking 
``other children'' and inserting ``children not meeting 
paragraph (2)(a)''; and
(3) in paragraph (5)(D)--
(A) in the matter preceding clause (i), by striking 
``, except for an unaccompanied alien child from a 
contiguous country subject to exceptions under 
subsection (a)(2),'' and inserting ``who does not meet 
the criteria listed in paragraph (2)(A)''; and
(B) in clause (i), by inserting before the 
semicolon at the end the following: ``, which shall 
include a hearing before an immigration judge not later 
than 14 days after being screened under paragraph 
(4)''.
(b) Custody, Transfer, and Notification.--Section 235(b) of such 
Act (8 U.S.C. 1232(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting ``believed 
not to meet the criteria listed in subsection 
(a)(2)(A)'' before the semicolon at the end; and
(B) in subparagraph (B), by inserting `` and does 
not meet the criteria listed in subsection (a)(2)(A)'' 
before the period at the end; and
(2) by amending paragraph (3) to read as follows:
``(3) Transfers of unaccompanied alien children.--Except in 
the case of exceptional circumstances, any department or agency 
of the Federal Government that has an unaccompanied alien child 
in custody--
``(A) shall, in the case of a child who does not 
meet the criteria listed in subsection (a)(2)(A), 
transfer the custody of such child to the Secretary of 
Health and Human Services not later than 30 days after 
determining that such child is an unaccompanied alien 
child who does not meet such criteria; and
``(B) may, in the case of a child who meets the 
criteria listed in subsection (a)(2)(A), transfer the 
custody of such child to the Secretary of Health and 
Human Services after determining that such child is an 
unaccompanied alien child who meets such criteria.''.
(c) Information Sharing and Access to Counsel.--Section 235(c) of 
such Act (8 U.S.C. 1232(c)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking the second 
sentence and inserting ``Such determination shall, at a 
minimum, include verification of the identity of the 
proposed custodian, verification of the relationship of 
the proposed custodian to the child, if any, collection 
of information sufficient to identify and locate the 
proposed custodian and assess the suitability of the 
proposed placement, and an independent finding that the 
proposed custodian has not engaged in any activity that 
would indicate a potential risk of abuse, neglect, 
maltreatment, exploitation, or trafficking to the 
child.'';
(B) in subparagraph (B)--
(i) in the first sentence, by striking 
``first'';
(ii) in the second sentence--
(I) by striking ``special needs''; 
and
(II) by striking ``sponsor clearly 
presents a risk of abuse, 
maltreatment'' and inserting 
``custodian clearly presents a risk of 
abuse, neglect, maltreatment''; and
(iii) in the third sentence, by striking 
``on children for whom a home study was 
conducted and is authorized to conduct follow-
up services in cases involving children with 
mental health or other needs who could benefit 
from ongoing assistance from a social welfare 
agency'' and inserting ``for each child for 
whom a home study was conducted, and may 
conduct follow-up services in cases involving 
children with mental health needs or other 
needs who could benefit from continuing 
assistance from a social welfare agency'';
(C) by amending subparagraph (C) to read as 
follows:
``(C) Access to information.--Not later than 14 
days after receiving a request from the Secretary of 
Health and Human Services, the Secretary of Homeland 
Security shall provide information necessary to conduct 
a safety and suitability assessment from appropriate 
Federal, State, and local law enforcement and 
immigration databases.''; and
(D) by adding at the end the following:
``(D) Required placement information.--(i) Before 
placing a child with an individual, the Secretary of 
Health and Human Services shall obtain and provide to 
the Secretary of Homeland Security information 
regarding the proposed custodian, including--
``(I) the full legal name of the proposed 
custodian;
``(II) the date of birth of the proposed 
custodian;
``(III) the address of the residence at 
which the child will be placed;
``(IV) contact information for the proposed 
custodian;
``(V) the relationship of the proposed 
custodian to the child, if any;
``(VI) the Social Security number of the 
proposed custodian or, if no Social Security 
number has been issued to the proposed 
custodian, any alien registration number, I-94 
number, passport number, or other immigration-
related identifying number of the proposed 
custodian; and
``(VII) the immigration status asserted by 
the proposed custodian.
``(ii) A child may not be placed with a proposed 
custodian unless the Secretary of Health and Human 
Services has obtained the information required under 
clause (i) and provided that information to the 
Secretary of Homeland Security.
``(iii) Not later than 30 days after receiving the 
information described in clause (i), the Secretary of 
Homeland Security shall, upon determining that the 
proposed custodian is unlawfully present in the United 
States and is not already in removal proceedings under 
chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.), initiate such 
proceedings.
``(iv) The proposed custodian shall be ineligible 
to receive placement of a child under this section if 
the proposed custodian provides materially false, 
fictitious, or fraudulent information under clause (i), 
unless the Secretary of Health and Human Services 
determines that exceptional circumstances warrant 
otherwise.''; and
(2) in paragraph (5), by striking ``have counsel to 
represent them'' and inserting ``have access to counsel, at no 
expense to the Government, to represent them''.
(d) Effective Date.--The amendments made by this section shall 
apply to any unaccompanied alien child (as such term is defined in 
section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) 
apprehended on or after the date that is 30 days after the date of the 
enactment of this Act.

TITLE VI--EMPLOYMENT ELIGIBILITY VERIFICATION AND LABOR PROTECTIONS

SEC. 601. EMPLOYMENT ELIGIBILITY VERIFICATION.

Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Employment Eligibility Verification Process.--
``(1) Identity verification required.--Each person, 
employer, or other entity that hires, recruits, or refers 
individuals for employment in the United States, at the time of 
hiring, shall verify each individual's identity and employment 
authorization by examining the required documentation.
``(2) E-verify.--The Secretary of Homeland Security shall 
maintain, at no cost to users, an electronic employment 
eligibility verification system (referred to in this subsection 
as `E-Verify') that--
``(A) allows participating employers to confirm an 
individual's identity and lawful status to work in the 
United States, as recorded in Department of Homeland 
Security and Social Security Administration databases;
``(B) includes a basic verification service that 
compares the information from an individual's 
employment eligibility documents against Department of 
Homeland Security and Social Security Administration 
records; and
``(C) an identity authentication service that 
confirms the individual's identity for purposes of 
fraud prevention and national security.
``(3) Mandatory enrollment.--Each person hiring a new 
employee shall enroll in and use E-Verify to confirm each 
employee's identity and work authorization not later than the 
date on which the relevant employee completes his or her Form 
I-9.
``(4) Effect of nonconfirmation.--
``(A) In general.--If E-Verify does not 
automatically confirm an individual's authorization to 
work, the employer shall--
``(i) treat such individual as 
provisionally authorized under this subsection 
(as in effect on the date before the enactment 
of the ASSIMILATION Act); and
``(ii) notify Department of Homeland 
Security of such nonconfirmation within the 
period specified in a regulation promulgated 
pursuant to paragraph (7).
``(B) Unlawful employment.--An individual who is 
not ultimately confirmed by E-Verify shall be deemed to 
be unlawfully employed in the United States after the 
expiration of the provisional period.
``(5) Penalties for violations.--A person or entity may be 
subject to civil or criminal penalties under this section only 
for violations related to an individual's identity or work 
authorization if the person or entity--
``(A) had actual knowledge of such violation; or
``(B) failed to timely update the employment 
verification information upon receiving notice of a 
discrepancy.
``(6) Good-faith compliance.--Good-faith compliance with 
system procedures (including proper completion of the E-Verify 
process) shall be a valid defense to any claim of a paperwork 
violation under this section.
``(7) Rulemaking.--The Secretary of Homeland Security shall 
promulgate regulations that prescribe appropriate procedures 
for operating and using of E-Verify, including measures to 
safeguard privacy and to resolve system errors or 
mismatches.''; and
(2) by adding at the end the following:
``(i) Enrollment and System Requirements.--
``(1) Registration; compliance.--All employers subject to 
subsection (b) shall--
``(A) register with through E-Verify; and
``(B) comply with all applicable E-Verify 
requirements for all new hires in the United States.
``(2) Availability.--The Secretary of Homeland Security 
shall ensure that--
``(A) E-Verify is available to employers 24 hours 
each day; and
``(B) use of E-Verify does not cause significant 
delays in the hiring process.
``(3) Notification.--All employers subject to subsection 
(b) shall inform employees of the use of E-Verify and the 
results of the verification for each such employee, in 
accordance with regulations promulgated by the Secretary 
pursuant to subsection (b)(7).''.

SEC. 602. H-2A WAGE METHODOLOGY.

Section 218(a) of the Immigration and Nationality Act (8 U.S.C. 
1188(a)) is amended by adding at the end the following:
``(3)(A) in determining the wage rates to be paid to H-2A workers 
under this subsection, the Secretary of Labor shall use a wage-rate 
methodology that ensures--
``(i) such workers are not paid less than a wage rate that 
would adversely affect similarly employed United States 
workers; and
``(ii) the wage rate for such workers is not less than the 
highest of--
``(I) the prevailing wage in the area of intended 
employment for the occupation code, as determined under 
regulations promulgated by the Secretary of Labor;
``(II) the applicable Federal or State minimum 
wage; and
``(III) the average hourly wage paid to United 
States workers in the same occupation code and area of 
intended employment (based on recent official data), 
rounded up to the next whole dollar.
``(B) The Secretary of Labor--
``(i) shall publish the applicable wage rates for each 
occupation code and area of intended employment before the 
beginning of each agricultural season; and
``(ii) may update such rates at least annually.
``(C) This paragraph may be enforced in the same manner as any 
other wage requirements under this section.''.

TITLE VII--CONFORMING AMENDMENTS; REPORTS; EFFECTIVE DATES; 
APPLICABILITY; SEVERABILITY

SEC. 701. REPORTS.

Not later than 1 year after the date of the enactment of this Act, 
and annually thereafter, the Secretary of Homeland Security shall 
submit to Congress a report on the economic impact, assimilation rates, 
and public-charge incidences associated with the amendments made by 
this Act.

SEC. 702. EFFECTIVE DATES.

This Act and the amendments made by this Act shall take effect on 
the date of enactment of this Act, unless otherwise provided in this 
Act.

SEC. 703. APPLICABILITY AND TRANSITION PROVISIONS.

(a) Invalidated Petitions and Applications.--Except as otherwise 
expressly provided in this Act, any petition, application, or other 
request for immigration status, classification, benefit, or relief 
filed under any immigration category, classification, or provision 
repealed by this Act is void as of the effective date of the repeal.
(b) Pending Matters.--Except as otherwise expressly provided in 
this Act, any petition, application, or other request for immigration 
status, classification, benefit, or relief pending on the date of the 
enactment of this Act shall be adjudicated, denied, terminated, or 
otherwise resolved in accordance with this Act and the amendments made 
by this Act.
(c) Previously Issued Visas.--Nothing in this section may be 
construed to invalidate a visa issued before the date of the enactment 
of this Act unless expressly provided in this Act.
(d) Diversity Immigrant Visas.--In the case of a diversity 
immigrant visa under section 203(c) of the Immigration and Nationality 
Act (8 U.S.C. 1153(c)), section 202(c) of such Act shall control.

SEC. 704. SEVERABILITY.

If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance, is held invalid or unconstitutional, the remainder of 
this Act, the amendments made by this Act, and the application of the 
provisions of such to any other person or circumstance shall not be 
affected thereby.
<all>