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SEC. _01. Z NONIMMIGRANTS.

(a) IN GENERAL."Notwithstanding section 244(h) of the Immigration and Nationality Act (8 U.S.C.1254a(h)), the Secretary may permit an alien, or a dependentof such alien, described in this section, to remainlawfully in the United States under the conditions setforth in this title.

(b) ESTABLISHMENT OF Z NONIMMIGRANT CATEGORY."Section 101(a)(15) of the Immigration and NationalityAct (8 U.S.C. 1101(a)(15)) is amended by insertingat the end the following:''(Z) subject to title ll of the SecureBorders, Economic Opportunity and Immigration Reform Act of 2007, an alien who"''(i) is physically present in theUnited States, has maintained continuousphysical presence in the United Statessince January 1, 2007, is employed, andseeks to continue performing labor, services,or education;''(ii) is physically present in theUnited States, has maintained continuousphysical presence in the United Statessince January 1, 2007, and such alien".''(I) is the spouse or parent (65years of age or older) of an alien describedin clause (i); or''(II) was, within 2 years of thedate on which the Secure Borders,Economic Opportunity and ImmigrationReform Act of 2007 was introducedin the Senate, the spouse of analien who is described in clause (i) oris eligible for such classification, if"''(aa) the termination of therelationship with such spouse wasconnected to domestic violence;and''(bb) such spouse has beenbattered or subjected to extremecruelty by such alien; or''(iii) is under 18 years of age at thetime of application for nonimmigrant statusunder this subparagraph, is physicallypresent in the United States, has maintainedcontinuous physical presence in theUnited States since January 1, 2007, andwas born to or legally adopted by at least.one parent who is at the time of applicationdescribed in clause (i) or (ii).''.

(c) PRESENCE IN THE UNITED STATES."

(1) IN GENERAL."The alien shall establishthat the alien was not present in lawful status in theUnited States on January 1, 2007, under any classificationdescribed in section 101(a)(15) of the Immigrationand Nationality Act (8 U.S.C. 1101(a)(15)) or any other immigration status made availableunder a treaty or other multinational agreement thathas been ratified by the Senate.

(2) CONTINUOUS PRESENCE."For purposes ofthis section, an absence from the United Stateswithout authorization for a continuous period of 90days, or more than 180 days in the aggregate, shallconstitute a break in continuous physical presence.

(d) OTHER CRITERIA."

(1) GROUNDS OF INELIGIBILITY."

(A) IN GENERAL."An alien is ineligiblefor Z nonimmigrant status if the Secretary determinesthat the alien"

(i) is inadmissible to the UnitedStates under section 212(a) of the Immigrationand Nationality Act (8 U.S.C.1182(a)), provided that to be deemed inad.missible, nothing in this paragraph shallrequire the Secretary to have commencedremoval proceedings against an alien;

(ii) subject to subparagraph (B), issubject to the execution of an outstandingadministratively final order of removal, deportation,or exclusion;

(iii) subject to subparagraph (B), isdescribed in or is subject to section241(a)(5) of such Act (8 U.S.C.1231(a)(5));

(iv) has ordered, incited, assisted, orotherwise participated in the persecution ofany person on account of race, religion, nationality,membership in a particular socialgroup, or political opinion;

(v) is an alien"

(I) for whom there are reasonablegrounds for believing that the alienhas committed a serious criminal offense

(as described in section 101(h) of such Act (8 U.S.C. 1101(h))) outsidethe United States before arrivingin the United States; or.

(II) for whom there are reasonablegrounds for regarding the alienas a danger to the security of theUnited States;

(vi) has been convicted of"

(I) a felony;

(II) an aggravated felony (as definedin section 101(a)(43) of suchAct);

(III) 3 or more misdemeanorsunder Federal or State law; or

(IV) a serious criminal offense

(as described in section 101(h) ofsuch Act);

(vii) has entered or attempted to enterthe United States illegally on or after January1, 2007; or

(viii) is an applicant for Z-2 nonimmigrantstatus, or is under 18 years ofage and is an applicant for Z-3 nonimmigrantstatus, and the principal Z-1nonimmigrant or Z-1 nonimmigrant statusapplicant is ineligible.

(B) WAIVER."The Secretary may, in theSecretary's discretion, waive ineligibility under.clause (ii) or (iii) of subparagraph (A) if thealien has not been physically removed from theUnited States and if the alien demonstratesthat the alien's departure from the UnitedStates would result in extreme hardship to thealien or the alien's spouse, parent, or child.

(C) CONSTRUCTION."Nothing in thisparagraph shall require the Secretary to commenceremoval proceedings against an alien.

(2) GROUNDS OF INADMISSIBILITY."

(A) IN GENERAL."In determining analien's admissibility under paragraph

(1)(A)(i)"

(i) paragraphs (6)(A)(i) (with respectto an alien present in the United Stateswithout being admitted or paroled beforethe date of application, but not with respectto an alien who has arrived in theUnited States on or after January 1,2007), (6)(B), (6)(C)(i), (6)(C)(ii), (6)(D),

(6)(F), (6)(G), (7), (9)(B), (9)(C)(i)(I),and (10)(B) of section 212(a) of the Immigrationand Nationality Act (8 U.S.C.1182(a)) shall not apply, but only with re.spect to conduct occurring or arising beforethe date of application;

(ii) the Secretary may not waive"

(I) subparagraph (A), (B), (C),

(D)(ii), (E), (F), (G), (H), or (I) ofsection 212(a)(2) of such Act (relatingto criminals);

(II) section 212(a)(3) of such Act

(relating to security and relatedgrounds);

(III) with respect to an applicationfor Z nonimmigrant status, section212(a)(6)(C)(i) of such Act;

(IV) paragraph (6)(A)(i) of section212(a) of such Act (with respectto any entries occurring on or afterJanuary 1, 2007);

(V) section 212(a)(9)(C)(i)(II) ofsuch Act; or

(VI) subparagraph (A), (C), or

(D) of section 212(a)(10) of such Act

(relating to polygamists, child abductors,and unlawful voters); and

(iii) the Secretary may, in the Secretary'sdiscretion, waive the application of.any provision of section 212(a) of such Actnot listed in clause (ii) on behalf of an individualalien for humanitarian purposes,to ensure family unity, or if such waiver isotherwise in the public interest.

(B) CONSTRUCTION."Nothing in thisparagraph shall be construed as affecting theauthority of the Secretary other than under thisparagraph to waive the provisions of section212(a) of such Act.

(e) ELIGIBILITY REQUIREMENTS."To be eligible forZ nonimmigrant status an alien shall meet the followingand any other applicable requirements set forth in thissection:

(1) ELIGIBILITY."The alien does not fall withina class of aliens ineligible for Z nonimmigrantstatus listed under subsection (d)(1).

(2) ADMISSIBILITY."The alien is not inadmissibleas a nonimmigrant to the United States undersection 212 of the Immigration and Nationality ActU.S.C. 1182), except as provided in subsection

(d)(2) of this section, regardless of whether the alienhas previously been admitted to the United States..

(3) PRESENCE."To be eligible for Z-1 nonimmigrantstatus, Z-2 nonimmigrant status, or Z-nonimmigrant status, the alien shall"

(A) have been physically present in theUnited States before January 1, 2007, andhave maintained continuous physical presencein the United States since that date;

(B) be physically present in the UnitedStates on the date of application for Z nonimmigrantstatus; and

(C) be, on January 1, 2007, and on thedate of application for Z nonimmigrant status,not present in lawful status in the UnitedStates under any classification described in section101(a)(15) of the Immigration and NationalityAct (8 U.S.C. 1101(a)(15)) or any otherimmigration status made available under a treatyor other multinational agreement that hasbeen ratified by the Senate.

(4) EMPLOYMENT."An alien seeking Z-1 nonimmigrantstatus must be employed in the UnitedStates on the date of filing of the application for Z-nonimmigrant status.

(5) FEES AND PENALTIES."

(A) PROCESSING FEES.".

(i) IN GENERAL."An alien making aninitial application for Z nonimmigrant statusshall be required to pay a processingfee in an amount sufficient to recover thefull cost of adjudicating the application,but not more than $1,500 for a single Znonimmigrant.

(ii) FEE FOR EXTENSION APPLICA-TION."An alien applying for extension ofthe alien's Z nonimmigrant status shall berequired to pay a processing fee in anamount sufficient to cover administrativeand other expenses associated with processingthe extension application, but notmore than $1,500 for a single Z nonimmigrant.

(B) PENALTIES."

(i) IN GENERAL."An alien making aninitial application for Z-1 nonimmigrantstatus shall be required to pay, in additionto the processing fee in subparagraph (A),a penalty of $1,000.

(ii) DERIVATIVE STATUS."An alienmaking an initial application for Z-1 nonimmigrantstatus shall be required to pay.a $500 penalty for each alien seeking Z-nonimmigrant status or Z-3 nonimmigrantstatus derivative to such applicantfor Z-1 nonimmigrant status.

(iii) CHANGE OF Z NONIMMIGRANTCLASSIFICATION."An alien who is a Z-2nonimmigrant or Z-3 nonimmigrant andwho has not previously been a Z-1 nonimmigrant,and who changes status to thatof a Z-1 nonimmigrant, shall in additionto processing fees be required to pay theinitial application penalties applicable tononimmigrants.

(C) STATE IMPACT ASSISTANCE FEE."Inaddition to any other amounts required to bepaid under this subsection, an alien making aninitial application for Z-1 nonimmigrant statusshall be required to pay a State impact assistancefee equal to $500.

(D) DEPOSIT AND SPENDING OF FEES."The processing fees under subparagraph (A) shall be deposited and remain available until expendedas provided by subsections (m) and (n) of section 286 of the Immigration and NationalityAct (8 U.S.C. 1356)..

(E) DEPOSIT, ALLOCATION, AND SPENDINGOF PENALTIES."

(i) DEPOSIT OF PENALTIES."Thepenalty under subparagraph (B) shall bedeposited and remain available as providedby subsection (w) of such section 286, asadded by section 402.

(ii) DEPOSIT OF STATE IMPACT ASSISTANCEFUNDS."The funds under subparagraph

(C) shall be deposited and remainavailable as provided by subsection

(x) of such section 286.

(6) HOME APPLICATION."

(A) IN GENERAL."An alien granted probationarystatus under subsection (h) shall notbe eligible for Z-1, Z-2, Z-A, or adult Z-A dependentnonimmigrant status until the alienhas completed the following home applicationrequirements:

(i) SUBMISSION OF SUPPLEMENTALCERTIFICATION."An alien awarded probationarystatus who seeks Z-1, Z-2, Z-A,or adult Z-A dependent nonimmigrant statusshall, within 2 years of being awardeda secure ID card under subsection (j), per.fect the alien's application for such nonimmigrantstatus at a United States consularoffice by submitting a supplementalcertification in person in accordance withthe requirements of this subparagraph.

(ii) CONTENTS OF SUPPLEMENTALCERTIFICATION."An alien in probationarystatus who is seeking a Z-1, Z-2, Z-A, oradult Z-A dependent nonimmigrant statusshall certify, in addition to any other certificationsspecified by the Secretary, thatthe alien has during the period of thealien's probationary status remained continuouslyemployed in accordance with therequirements of subsection (m) and haspaid all tax liabilities owed by the alienpursuant to the procedures set forth insection 602(h). The probationary status ofan alien making a false certification underthis subparagraph shall be terminated pursuantto subsection (o)(1)(G).

(iii) PRESENTATION OF SECURE IDCARD."The alien shall present the alien'ssecure ID card at the time the alien submitsthe supplemental certification under.clause (i) at the United States consular office.The alien's secure ID card shall bemarked or embossed with a designation asdetermined by the Secretary of State andthe Secretary of Homeland Security to distinguishthe card as satisfying all requirementsfor Z-1, Z-2, Z-A, or adult Z-Adependent nonimmigrant status.

(iv) PLACE OF APPLICATION."Unlessotherwise directed by the Secretary ofState, an alien in probationary status whois seeking Z-1, Z-2, Z-A, or adult Z-Adependent nonimmigrant status shall filethe supplemental certification described inclause (ii) at a consular office in the alien'scountry of origin. A consular office in acountry that is not the alien's country oforigin as a matter of discretion may, or atthe direction of the Secretary of Stateshall, accept a supplemental certificationfrom such an alien.

(B) EFFECT OF FAILURE TO COMPLY."The probationary status of an alien seeking aZ-1, Z-2, Z-A, or adult Z-A dependent nonimmigrantstatus who fails to complete the re.quirements of this paragraph shall be terminatedin accordance with subsection (o)(1)(G).

(C) EXEMPTION."Subparagraph (A) shallnot apply to an alien who, on the date on whichthe alien is granted a secure ID card undersubsection (j), is exempted from the employmentrequirements under subsection

(m)(1)(B)(iii).

(D) FAILURE TO ESTABLISH LAWFUL ADMISSIONTO THE UNITED STATES."Unless exemptedunder subparagraph (C), an alien inprobationary status who is seeking Z-1, Z-2,Z-A, or adult Z-A dependent nonimmigrantstatus who fails to depart and reenter theUnited States in accordance with subparagraph

(A) may not be issued a Z-1, Z-2, Z-A, oradult Z-A dependent nonimmigrant visa underthis section.

(E) DEPENDENTS."An alien in probationarystatus who is seeking Z-3 or minor Z-A dependent nonimmigrant status shall beawarded such status upon satisfaction of the requirementsset forth in subparagraph (A) bythe principal Z-1 or Z-A nonimmigrant. Analien in probationary status who is seeking Z-.or minor Z-A dependent nonimmigrant statusand whose principal Z-1 or Z-A nonimmigrantfails to satisfy the requirements of subparagraph

(A) may not be issued a Z-3 or minorZ-A dependent nonimmigrant visa under thissection unless the principal Z-1 alien is exemptedunder subparagraph (C).

(7) INTERVIEW."An applicant for Z nonimmigrantstatus shall appear to be interviewed.

(8) MILITARY SELECTIVE SERVICE."The alienshall establish that if the alien is within the age periodrequired under the Military Selective ServiceAct (50 U.S.C. App. 451 et seq.) that such alien hasregistered under that Act.

(f) APPLICATION PROCEDURES."

(1) IN GENERAL."The Secretary of HomelandSecurity shall prescribe by notice in the FederalRegister, in accordance with the procedures describedin section 610, the procedures for an alienin the United States to apply for Z nonimmigrantstatus and the evidence required to demonstrate eligibilityfor such status.

(2) INITIAL RECEIPT OF APPLICATIONS."TheSecretary, or such other entities as are authorizedby the Secretary to accept applications under the.procedures established under this subsection, shallaccept applications from aliens for Z nonimmigrantstatus for a period of 1 year starting the first dayof the first month beginning not more than 180 daysafter the date of the enactment of this Act. If, duringthe 1-year initial period for the receipt of applicationsfor Z nonimmigrant status, the Secretary determinesthat additional time is required to registerapplicants for Z nonimmigrant status, the Secretarymay, in the Secretary's discretion, extend the periodfor accepting applications by not more than 1 year.

(3) BIOMETRIC DATA."Each alien applying forZ nonimmigrant status shall submit biometric datain accordance with procedures established by theSecretary.

(4) HOME APPLICATION."No alien may beawarded Z nonimmigrant status until the alien hascompleted the home application requirements setforth in subsection (e)(6).

(g) CONTENT OF APPLICATION FILED BY ALIEN."

(1) APPLICATION FORM."The Secretary shallcreate an application form that an alien shall be requiredto complete as a condition of obtaining probationarystatus.

(2) APPLICATION INFORMATION.".

(A) IN GENERAL."The application formshall request such information as the Secretarydeems necessary and appropriate, including"

(i) information concerning the alien'sphysical and mental health;

(ii) complete criminal history, includingall arrests and dispositions;

(iii) gang membership or renunciationof gang affiliation;

(iv) immigration history;

(v) employment history; and

(vi) claims to United States citizenship.

(B) STATUS."An alien applying for Znonimmigrant status shall be required to specifyon the application whether the alien ultimatelyseeks to be awarded Z-1, Z-2, or Z-3nonimmigrant status.

(3) SECURITY AND LAW ENFORCEMENT BACKGROUNDCHECKS."

(A) SUBMISSION OF FINGERPRINTS."TheSecretary may not award Z nonimmigrant statusunless the alien submits fingerprints andother biometric data in accordance with proceduresestablished by the Secretary..

(B) BACKGROUND CHECKS."The Secretaryshall utilize fingerprints and other biometricdata provided by the alien to conduct appropriatebackground checks of such alien tosearch for criminal, national security, or otherlaw enforcement actions that would render thealien ineligible for classification under this section.

(h) TREATMENT OF APPLICANTS."

(1) IN GENERAL."An alien who files an applicationfor Z nonimmigrant status, upon submissionof any evidence required under subsections (f) and

(g) and after the Secretary has conducted appropriatebackground checks, to include name and fingerprintchecks, that have not by the end of the nextbusiness day produced information rendering the applicantineligible"

(A) shall be granted probationary status inthe form of employment authorization pendingfinal adjudication of the alien's application;

(B) may, in the Secretary's discretion, receiveadvance permission to re-enter the UnitedStates pursuant to existing regulations governingadvance parole;.

(C) may not be detained for immigrationpurposes, determined inadmissible or deportable,or removed pending final adjudication ofthe alien's application, unless the alien is determinedto be ineligible for Z nonimmigrant status;and

(D) may not be considered an unauthorizedalien (as defined in section 274A of theImmigration and Nationality Act (8 U.S.C.1324a)) unless employment authorization undersubparagraph (A) is denied.

(2) TIMING OF PROBATIONARY STATUS."Noalien may be granted probationary status until thealien has passed all appropriate background checksor the end of the next business day, whichever issooner.

(3) CONSTRUCTION."Nothing in this sectionshall be construed to limit the Secretary's authorityto conduct any appropriate background and securitychecks subsequent to issuance of evidence of probationarybenefits under paragraph (4).

(4) PROBATIONARY CARD."The Secretary shallprovide each alien described in paragraph (1) witha counterfeit-resistant document that reflects thebenefits and status set forth in that paragraph. The.Secretary may by regulation establish procedures forthe issuance of documentary evidence of probationarystatus and, except as provided herein, theconditions under which such documentary evidenceexpires, terminates, or is renewed. All documentaryevidence of probationary benefits shall expire notlater than 6 months after the date on which the Secretarybegins to issue secure ID cards under subsection

(j).

(5) BEFORE APPLICATION PERIOD."If an alienis apprehended between the date of the enactment ofthis Act and the date on which the period for initialregistration closes under subsection (f)(2), and thealien is able to establish prima facie eligibility for Znonimmigrant status, the Secretary shall provide thealien with a reasonable opportunity to file an applicationunder this section after such regulations arepromulgated.

(6) DURING CERTAIN PROCEEDINGS."Notwithstandingany provision of the Immigration and NationalityAct, if the Secretary determines that analien who is in removal proceedings is prima facie eligiblefor Z nonimmigrant status, then the Secretaryshall affirmatively communicate such determinationto the immigration judge. The immigration judge.shall then terminate or administratively close suchproceedings and permit the alien a reasonable opportunityto apply for such classification.

(i) ADJUDICATION OF APPLICATION FILED BYALIEN."

(1) IN GENERAL."The Secretary may approvethe issuance of a secure ID card, as described insubsection (j), to an applicant for Z nonimmigrantstatus who satisfies the requirements of this section.

(2) EVIDENCE OF CONTINUOUS PHYSICALPRESENCE, EMPLOYMENT, OR EDUCATION."

(A) PRESUMPTIVE DOCUMENTS."A Znonimmigrant or an applicant for Z nonimmigrantstatus may presumptively establishsatisfaction of each required period of presence,employment, or study by submitting records tothe Secretary that demonstrate such presence,employment, or study, and that the Secretaryverifies have been maintained by the Social SecurityAdministration, the Internal RevenueService, or any other Federal, State, or localgovernment agency.

(B) VERIFICATION."Each Federal agency,and each State or local government agency, asa condition of receipt of any funds under sub.section (x) of section 286 of the Immigrationand Nationality Act, as added by section 402,shall within 90 days of the enactment ensurethat procedures are in place under which suchagency shall"

(i) consistent with all otherwise applicablelaws, including laws governing privacy,provide documentation to an alienupon request to satisfy the documentaryrequirements of this paragraph; or

(ii) notwithstanding any other provisionof law, including section 6103 of theInternal Revenue Code of 1986, provideverification to the Secretary of documentationoffered by an alien as evidence of"

(I) presence or employment requiredunder this section; or

(II) a requirement for any otherbenefit under the immigration laws.

(C) OTHER DOCUMENTS."A Z nonimmigrantor an applicant for Z nonimmigrantstatus who is unable to submit a document describedin subparagraph (A) may establish satisfactionof each required period of presence,employment, or study by submitting to the Sec.retary at least 2 other types of reliable documentsthat provide evidence of employment, including"

(i) bank records;

(ii) business records;

(iii) employer records;

(iv) records of a labor union or daylabor center; and

(v) remittance records.

(D) ADDITIONAL DOCUMENTS."The Secretarymay"

(i) designate additional documents toevidence the required period of presence,employment, or study; and

(ii) set such terms and conditions onthe use of affidavits as is necessary toverify and confirm the identity of any affiantor otherwise prevent fraudulent submissions.

(3) PAYMENT OF INCOME TAXES."

(A) IN GENERAL."Not later than the dateon which status is adjusted under this section,the alien establishes the payment of any applicableFederal tax liability by establishing that"

(i) no such tax liability exists;.

(ii) all outstanding liabilities havebeen paid; or

(iii) the alien has entered into anagreement for payment of all outstandingliabilities with the Internal Revenue Service.

(B) APPLICABLE FEDERAL TAX LIABIL-ITY."For purposes of subparagraph (A), theterm ''applicable Federal tax liability'' means liabilityfor Federal taxes, including penaltiesand interest, owed for any year during the periodof employment required by subparagraph

(D)(i) for which the statutory period for assessmentof any deficiency for such taxes has notexpired.

(C) IRS COOPERATION."The Secretary ofthe Treasury shall establish rules and proceduresunder which the Commissioner of InternalRevenue shall provide documentation to analien upon request to establish the payment ofall taxes required by this subparagraph.

(D) IN GENERAL."The alien may satisfysuch requirement by establishing that"

(i) no such tax liability exists;.

(ii) all outstanding liabilities havebeen met; or

(iii) the alien has entered into anagreement for payment of all outstandingliabilities with the Internal Revenue Serviceand with the department of revenue ofeach State to which taxes are owed.

(4) BURDEN OF PROOF."An alien who is applyingfor a Z nonimmigrant visa under this sectionshall prove, by a preponderance of the evidence, thatthe alien has satisfied the requirements of this section.

(5) DENIAL OF APPLICATION."

(A) IN GENERAL."An alien who fails tosatisfy the eligibility requirements for a Z nonimmigrantvisa shall have the alien's applicationdenied and may not file additional applications.

(B) FAILURE TO SUBMIT INFORMATION."An alien who fails to submit requested initialevidence, including requested biometric data,and requested additional evidence by the daterequired by the Secretary shall, except if thealien demonstrates to the satisfaction of theSecretary that such failure was reasonably excusableor was not willful, have the alien's ap.plication considered abandoned. Such applicationshall be denied and the alien may not fileadditional applications.

(j) SECURE ID CARD EVIDENCING STATUS."

(1) IN GENERAL."Documentary evidence ofstatus shall be issued to each Z nonimmigrant.

(2) FEATURES OF SECURE ID CARD."Documentaryevidence of Z nonimmigrant status"

(A) shall be machine-readable, tamper-resistant,and shall contain a digitized photographand other biometric identifiers that maybe authenticated;

(B) shall be designed in consultation withU.S. Immigration and Customs Enforcement'sForensic Document Laboratory;

(C) shall, during the alien's authorized periodof admission under subsection (k), serve asa valid travel and entry document for the purposeof applying for admission to the UnitedStates where the alien is applying for admissionat a port of entry;

(D) may be accepted during the period ofits validity by an employer as evidence of employmentauthorization and identity under section274A of the Immigration and Nationality.Act (8 U.S.C. 1324a), as amended by title III;and

(E) shall be issued to the Z nonimmigrantby the Secretary promptly after final adjudicationof such alien's application for Z nonimmigrantstatus, except that an alien may notbe granted permanent Z nonimmigrant statusuntil all appropriate background checks on thealien are completed to the satisfaction of theSecretary.

(k) PERIOD OF AUTHORIZED ADMISSION."

(1) INITIAL PERIOD."The initial period of authorizedadmission as a Z nonimmigrant shall be 4years beginning on the date on which the alien isfirst issued a secure ID card under subsection (j).

(2) EXTENSIONS."

(A) IN GENERAL."Z nonimmigrants mayseek an indefinite number of 4-year extensionsof the initial period of authorized admission.

(B) REQUIREMENTS."In order to be eligiblefor an extension of the initial or any subsequentperiod of authorized admission under thisparagraph, an alien must satisfy the followingrequirements:.

(i) ELIGIBILITY."The alien mustdemonstrate continuing eligibility for Znonimmigrant status.

(ii) ENGLISH LANGUAGE ANDCIVICS."

(I) REQUIREMENT AT FIRST RE-NEWAL."At or before the time of applicationfor the first extension of Znonimmigrant status, an alien who isyears of age or older must demonstratean attempt to gain an understandingof the English language andknowledge of United States civics bytaking the naturalization test describedin paragraphs (1) and (2) ofsection 312(a) of the Immigration andNationality Act (8 U.S.C. 1423(a)) bydemonstrating enrollment in or placementon a waiting list for Englishclasses.

(II) REQUIREMENT AT SECONDRENEWAL."At or before the time ofapplication for the second extension ofZ nonimmigrant status, an alien whois 18 years of age or older must pass.the naturalization test described insuch paragraphs (1) and (2) of suchsection 312(a). The alien may makeup to 3 attempts to demonstrate suchunderstanding and knowledge, butshall satisfy this requirement prior tothe expiration of the second extensionof Z nonimmigrant status.

(III) EXCEPTION."The requirementsof subclauses (I) and (II) shallnot apply to any person who, on thedate of the filing of the person's applicationfor an extension of Z nonimmigrantstatus"

(aa) is unable because ofphysical or developmental disabilityor mental impairment tomeet the requirements of suchsubclauses;

(bb) is over 50 years of ageand has been living in the UnitedStates for periods totaling atleast 20 years; or

(cc) is over 55 years of ageand has been living in the United.States for periods totaling atleast 15 years.

(iii) EMPLOYMENT."With respect toan extension of Z-1 nonimmigrant statusor Z-3 nonimmigrant status, an alien shalldemonstrate satisfaction of the employmentor study requirements provided insubsection (m) during the alien's most recentperiod of authorized admission as ofthe date of application.

(iv) FEES."The alien must pay aprocessing fee in an amount sufficient torecover the full cost of adjudicating the application,but not more than $1,500 for asingle Z nonimmigrant.

(C) SECURITY AND LAW ENFORCEMENTBACKGROUND CHECKS."An alien applying forextension of Z nonimmigrant status may be requiredto submit to a renewed security and lawenforcement background check that shall becompleted to the satisfaction of the Secretarybefore such extension may be granted.

(D) TIMELY FILING AND MAINTENANCE OFSTATUS.".

(i) IN GENERAL."An extension of aperiod of authorized admission under thisparagraph, or a change of status to anotherZ nonimmigrant status under subsection

(l), may not be approved for an applicantwho failed to maintain Z nonimmigrantstatus or if such status expiredor terminated before the application wasfiled.

(ii) EXCEPTION."Failure to file beforethe period of previously authorized admissionexpired or terminated may be excusedin the discretion of the Secretaryand without separate application, with anyextension granted from the date the previouslyauthorized admission expired, if itis demonstrated at the time of filingthat"

(I) the delay was due to extraordinarycircumstances beyond the controlof the applicant, and the Secretaryfinds the delay commensuratewith the circumstances; and.

(II) the alien has not otherwiseviolated the alien's Z nonimmigrantstatus.

(iii) EXEMPTIONS FROM PENALTYAND EMPLOYMENT REQUIREMENTS."Analien demonstrating extraordinary circumstancesunder clause (ii), including thespouse of a Z-1 nonimmigrant who hasbeen battered or has been the subject ofextreme cruelty perpetrated by the Z-1nonimmigrant, and who is changing to Z-nonimmigrant status, may be exemptedby the Secretary, in the Secretary's discretion,from the requirements under subsection

(m) for a period of up to 180 days;and

(E) BARS TO EXTENSION."Except as providedin subparagraph (D), a Z nonimmigrantshall not be eligible to extend such nonimmigrantstatus if"

(i) the alien has violated any term orcondition of the alien's Z nonimmigrantstatus, including failing to comply with thechange of address reporting requirements.under section 265 of the Immigration andNationality Act (8 U.S.C. 1305);

(ii) the period of authorized admissionof the Z nonimmigrant has been terminatedfor any reason; or

(iii) with respect to a Z-2 nonimmigrantor a Z-3 nonimmigrant, theprincipal alien's Z-1 nonimmigrant statushas been terminated.

(l) CHANGE OF STATUS."

(1) CHANGE FROM Z NONIMMIGRANT STATUS."

(A) IN GENERAL."A Z nonimmigrant maynot change status under section 248 of the Immigrationand Nationality Act (8 U.S.C. 1258) to another nonimmigrant status, except anotherZ nonimmigrant status or status under subparagraph

(U) of section 101(a)(15) of suchAct (8 U.S.C. 1101(a)(15)).

(B) CHANGE FROM Z-A STATUS."A Z-Anonimmigrant may change status to Z nonimmigrantstatus at the time of renewal referencedin section 214A(j)(1)(C) of the Immigrationand Nationality Act, as added by section631..

(C) LIMIT ON CHANGES."A Z nonimmigrantmay not change status more thanone time per 365-day period. The Secretarymay, in the Secretary's discretion, waive the applicationof this subparagraph to an alien if itis established to the satisfaction of the Secretarythat application of this subparagraphwould result in extreme hardship to the alien.

(2) NO CHANGE TO Z NONIMMIGRANT STATUS."A nonimmigrant under the immigration lawsmay not change status under section 248 of the Immigrationand Nationality Act (8 U.S.C. 1258) to Znonimmigrant status.

(m) EMPLOYMENT."

(1) Z-1 AND Z-3 NONIMMIGRANTS."

(A) IN GENERAL."Z-1 nonimmigrantsand Z-3 nonimmigrants shall be authorized towork in the United States.

(B) CONTINUOUS EMPLOYMENT REQUIRE-MENT."All requirements that an alien be employedor seeking employment for purposes ofthis title shall not apply to an alien who isunder 16 years or over 65 years of age. A Z-nonimmigrant or Z-3 nonimmigrant betweenand 65 years of age, or an alien in proba.tionary status between 16 and 65 years of agewho is seeking to become a Z-1 or Z-3 nonimmigrant,shall remain continuously employedfull time in the United States as a condition ofsuch nonimmigrant status, except if"

(i) the alien is pursuing a full courseof study at an established college, university,seminary, conservatory, trade school,academic high school, elementary school, orother academic institution or languagetraining program;

(ii) the alien is employed while alsoengaged in study at an established college,university, seminary, conservatory, academichigh school, elementary school, orother academic institution or languagetraining program;

(iii) the alien cannot demonstrate employmentbecause of a physical or mentaldisability (as defined under section 3(2) ofthe Americans with Disabilities Act of

(42 U.S.C. 12102(2)) or as a resultof pregnancy if such condition is evidencedby the submission of documentation prescribedby the Secretary; or.

(iv) the alien's ability to work hasbeen temporarily interrupted by an eventthat the Secretary has determined to be aforce majeure interruption.

(2) Z-2 NONIMMIGRANTS."Z-2 nonimmigrantsshall be authorized to work in the United States.

(3) PORTABILITY."Nothing in this subsectionshall be construed to limit the ability of a Z nonimmigrantto change employers during the alien'speriod of authorized admission.

(n) TRAVEL OUTSIDE THE UNITED STATES."

(1) IN GENERAL."An alien who has beenissued a secure ID card under subsection (j) andwho is in probationary status or is a Z nonimmigrant"

(A) may travel outside of the UnitedStates; and

(B) may be readmitted (if otherwise admissible) without having to obtain a visa if"

(i) the alien's most recent period ofauthorized admission has not expired;

(ii) the alien is the bearer of validdocumentary evidence of Z nonimmigrantstatus that satisfies the conditions set outin subsection (j); and.

(iii) the alien is not subject to thebars on extension described in subsection

(k)(2)(E).

(2) ADMISSIBILITY."On seeking readmission tothe United States after travel outside the UnitedStates an alien granted Z nonimmigrant status shallestablish that such alien is not inadmissible, exceptas provided by subsection (d)(2).

(3) EFFECT ON PERIOD OF AUTHORIZED AD-MISSION."Time spent outside the United Statesunder paragraph (1) shall not extend the most recentperiod of authorized admission in the UnitedStates under subsection (k).

(o) TERMINATION OF BENEFITS."

(1) IN GENERAL."Any benefit provided to a Znonimmigrant or an applicant for Z nonimmigrantstatus under this section shall terminate if"

(A) the Secretary determines that the alienis ineligible for such classification and all reviewprocedures under section 603 of this Act havebeen exhausted or waived by the alien;

(B)(i) the alien is found removable fromthe United States under section 237 of the Immigrationand Nationality Act (8 U.S.C. 1227);.

(ii) the alien becomes inadmissible undersection 212 of such Act (8 U.S.C. 1227) (exceptas provided in subsection (d)(2)); or

(iii) the alien becomes ineligible under subsection

(d)(1);

(C) the alien has used documentationissued under this section for unlawful or fraudulentpurposes;

(D) in the case of the spouse or child ofan alien applying for a Z nonimmigrant visa, inprobationary status, or classified as a Z nonimmigrantunder this section, the benefits forthe principal alien are terminated;

(E) with respect to a Z-1 nonimmigrant ornonimmigrant, the employment or studyrequirements under subsection (m) have beenviolated;

(F) with respect to an alien in probationarystatus, the alien's application for Z nonimmigrantstatus is denied; or

(G) with respect to an alien awarded probationarystatus who seeks to become a Z nonimmigrantor a Z-A nonimmigrant, the alienfails to complete the home application require.ment set forth in subsection (e)(6) within 2years of receiving a secure ID card.

(2) DENIAL OF IMMIGRANT VISA OR ADJUSTMENTAPPLICATION."Any application for an immigrantvisa or adjustment of status to lawful permanentresident status made under this section by analien whose Z nonimmigrant status is terminatedunder paragraph (1) shall be denied.

(3) DEPARTURE FROM THE UNITED STATES."Any alien whose period of authorized admission orprobationary benefits is terminated under paragraph

(1), as well as the alien's Z-2 nonimmigrant or Z-nonimmigrant dependents, shall depart the UnitedStates immediately.

(4) INVALIDATION OF DOCUMENTATION."Anydocumentation that is issued by the Secretary ofHomeland Security under subsection (j) or pursuantto subsection (h)(4) to any alien, whose period of authorizedadmission terminates under paragraph (1),shall automatically be rendered invalid for any purposeexcept departure.

(p) REVOCATION."If, at any time after an alien hasobtained status under this section, but not yet adjustedsuch status to that of an alien lawfully admitted for permanentresidence under section 602, the Secretary of.Homeland Security may, for good and sufficient cause, ifit appears that the alien was not in fact eligible for statusunder this section, revoke the alien's status following appropriatenotice to the alien.

(q) DISSEMINATION OF INFORMATION ON Z PRO-GRAM."During the 2-year period immediately after theissuance of regulations implementing this title, the Secretary,in cooperation with entities approved by the Secretary,shall broadly disseminate information respecting Znonimmigrant classification under this section and the requirementsto be satisfied to obtain such classification.The Secretary shall disseminate information to employersand labor unions to advise them of the rights and protectionsavailable to them and to workers who file applicationsunder this section. Such information shall be broadlydisseminated, in no fewer than the top 5 principal languages,as determined by the Secretary in the Secretary'sdiscretion, spoken by aliens who would qualify for classificationunder this section, including to television, radio,and print media to which such aliens would have access.

(r) DEFINITIONS."In this title:

(1) Z NONIMMIGRANT."The term ''Z nonimmigrant''means an alien admitted to the UnitedStates under subparagraph (Z) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C..1101(a)(15)), as added by subsection (b). The termdoes not include aliens granted probationary benefitsunder subsection (h) or whose applications for nonimmigrantstatus under such subparagraph (Z) havenot yet been adjudicated.

(2) Z-1 NONIMMIGRANT."The term ''Z-1 nonimmigrant''means an alien admitted to the UnitedStates under clause (i) of section 101(a)(15)(Z) ofthe Immigration and Nationality Act, as added bysubsection (b).

(3) Z-A NONIMMIGRANT."The term ''Z-A nonimmigrant''means an alien admitted to the UnitedStates under subparagraph (Z-A) of section101(a)(15) of the Immigration and Nationality Act,as added by section 631.

(4) Z-2 NONIMMIGRANT."The term ''Z-2 nonimmigrant''means an alien admitted to the UnitedStates under clause (ii) of section 101(a)(15)(Z) ofthe Immigration and Nationality Act, as added bysubsection (b).

(5) Z-3 NONIMMIGRANT."The term ''Z-3 nonimmigrant''means an alien admitted to the UnitedStates under clause (iii) of section 101(a)(15)(Z) ofthe Immigration and Nationality Act, as added bysubsection (b)..

retired1
2007-06-26 22:03:30

Pure treason!

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NW Boilermaker
2007-06-26 23:39:46

Let me get this straight, aliens must be here illegally before 1/1/07, but can still be gone for up to 90 days at one time (180 total) since that date and still have "continuous" presence. However, they are ineligible under Pgph (d) if the alien "has entered or attempted to enter the United States illegally on or after January 1, 2007..." How can you leave the country as an illegal, come back in, and not have reentered illegally, therefore becoming ineligible. But they're allowed to have left and come back? Who writes this drivel, a first year law student?

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formerfso
2007-06-27 00:44:07

Waivers of the criminal restrictions are available to those who snuck their spouses across the border and/or had anchor babies - this bill is full of all sorts of great incentives! Also they are supposed to touchback, but there is a provision that Consulates can allow them to go to a third country - Canada perhaps? The z-visa holders must be employed - will these employers be identified and punished for employing illegal aliens? Will there be any follow-up to see if they continue to employ illegals who arrived after the cut-off? This is the first page and it is ALREADY full of terrible, terrible law.

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former
2007-06-27 01:08:59

Another doozy-- metally and physically disable illegals don't have to prove employment to get a z-visa - what kind of incentive is that?

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