Post by unlawflcombatnt on May 30, 2007 15:53:21 GMT -6
www.govtrack.us/data/us/bills.text/110/s/s1348.pdf
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TITLE VI—WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED INDIVIDUALS
Subtitle A—Access to Earned Adjustment and Mandatory Departure and Reentry
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) SHORT TITLE.—This section may be cited as the ‘‘Immigrant Accountability Act of 2007’’.
(b) ADJUSTMENT OF STATUS.—
(1) IN GENERAL.—Chapter 5 of title II (U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
(a) ADJUSTMENT OF STATUS.—
(1) PRINCIPAL ALIENS.—Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
(A) APPLICATION.—The alien shall file an application establishing eligibility for adjustment
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of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
(B) CONTINUOUS PHYSICAL PRESENCE.—
(i) IN GENERAL.—The alien shall establish that the alien—
(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
(ii) LEGALLY PRESENT.—For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
C) ADMISSIBLE UNDER IMMIGRATION LAWS.—The alien shall establish that the alien
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is not inadmissible under section 1 212(a) except for any provision of that section that is waived under subsection (b) of this section. ‘‘(D) EMPLOYMENT IN UNITED STATES.—‘‘(i) IN GENERAL.—The alien shall have been employed in the United States, in the aggregate, for—(I) at least 3 years during the 5-year period ending on April 5, 2006; and
(II) at least 6 years after the date of enactment of the Immigrant Accountability Act of 2007.
(ii) EXCEPTIONS.—
(I) The employment requirement in clause (i)(I) shall not apply to an individual who is under 20 years of age on the date of enactment of the Immigrant Accountability Act of 2007.
(II) The employment requirement in clause (i)(II) shall be reduced for an individual who cannot demonstrate employment based on a physical
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or mental disability or as a result of pregnancy.
(III) The employment requirement in clause (i)(II) shall be reduced for an individual who is under 20 years of age on the date of enactment of the Immigrant Accountability Act of 2007 by a period of time equal to the time period beginning on such date of enactment and ending on the date on which the individual reaches 20 years of age.
(IV) The employment requirements in clause (i) shall be reduced by 1 year for each year of full time post secondary study in the United States during the relevant period.
(V) The employment requirement under clause (i)(I) shall not apply to any individual who is 65 years of age or older on the date of the enactment of the Immigrant Accountability Act of 2007.
(iii) PORTABILITY.—An alien shall not be required to complete the employment
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requirements in clause ( i) with the same employer.
(iv) EVIDENCE OF EMPLOYMENT.—
(I) CONCLUSIVE DOCUMENTS.—For purposes of satisfying the requirements in clause (i), the alien shall submit at least 2 of the following documents for each period of employment, which shall be considered conclusive evidence of such employment:
(aa) Records maintained by
the Social Security Administration.
(bb) Records maintained by an employer, such as pay stubs, time sheets, or employment work verification.
(cc) Records maintained by the Internal Revenue Service.
(dd) Records maintained by a union or day labor center.
(ee) Records maintained by any other government agency, such as worker compensation
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records, disability 1 records, or business licensing records.
(II) OTHER DOCUMENTS.—An alien who is unable to submit a document described in subclause (I) may satisfy the requirement in clause (i)by submitting to the Secretary at least 2 other types of reliable documents that provide evidence of employment for each required period of employment, including—
(aa) bank records;
(bb) business records;
(cc) sworn affidavits from non-relatives who have direct knowledge of the alien’s work, including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information; or
(dd) remittance records.
(v) BURDEN OF PROOF.—An alien applying for adjustment of status under
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this subsection has the burden of proving by a preponderance of the evidence that the alien has satisfied the employment requirements in clause (i). Once the burden is met, the burden shall shift to the Secretary of Homeland Security to disprove the alien’s evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence.
(E) PAYMENT OF INCOME TAXES.—
(i) IN GENERAL.—Not later than the date on which status is adjusted under this section, the alien establishes the payment of any applicable Federal tax liability by establishing that—
(I) no such tax liability exists;
(II) all outstanding liabilities have been paid; or
(III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
(ii) APPLICABLE FEDERAL TAX LIABILITY.—For purposes of clause (i), the term ‘applicable Federal tax liability’....."
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TITLE VI—WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED INDIVIDUALS
Subtitle A—Access to Earned Adjustment and Mandatory Departure and Reentry
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) SHORT TITLE.—This section may be cited as the ‘‘Immigrant Accountability Act of 2007’’.
(b) ADJUSTMENT OF STATUS.—
(1) IN GENERAL.—Chapter 5 of title II (U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
(a) ADJUSTMENT OF STATUS.—
(1) PRINCIPAL ALIENS.—Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
(A) APPLICATION.—The alien shall file an application establishing eligibility for adjustment
page 449
of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
(B) CONTINUOUS PHYSICAL PRESENCE.—
(i) IN GENERAL.—The alien shall establish that the alien—
(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
(ii) LEGALLY PRESENT.—For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
C) ADMISSIBLE UNDER IMMIGRATION LAWS.—The alien shall establish that the alien
page 450
is not inadmissible under section 1 212(a) except for any provision of that section that is waived under subsection (b) of this section. ‘‘(D) EMPLOYMENT IN UNITED STATES.—‘‘(i) IN GENERAL.—The alien shall have been employed in the United States, in the aggregate, for—(I) at least 3 years during the 5-year period ending on April 5, 2006; and
(II) at least 6 years after the date of enactment of the Immigrant Accountability Act of 2007.
(ii) EXCEPTIONS.—
(I) The employment requirement in clause (i)(I) shall not apply to an individual who is under 20 years of age on the date of enactment of the Immigrant Accountability Act of 2007.
(II) The employment requirement in clause (i)(II) shall be reduced for an individual who cannot demonstrate employment based on a physical
page 451
or mental disability or as a result of pregnancy.
(III) The employment requirement in clause (i)(II) shall be reduced for an individual who is under 20 years of age on the date of enactment of the Immigrant Accountability Act of 2007 by a period of time equal to the time period beginning on such date of enactment and ending on the date on which the individual reaches 20 years of age.
(IV) The employment requirements in clause (i) shall be reduced by 1 year for each year of full time post secondary study in the United States during the relevant period.
(V) The employment requirement under clause (i)(I) shall not apply to any individual who is 65 years of age or older on the date of the enactment of the Immigrant Accountability Act of 2007.
(iii) PORTABILITY.—An alien shall not be required to complete the employment
page 452
requirements in clause ( i) with the same employer.
(iv) EVIDENCE OF EMPLOYMENT.—
(I) CONCLUSIVE DOCUMENTS.—For purposes of satisfying the requirements in clause (i), the alien shall submit at least 2 of the following documents for each period of employment, which shall be considered conclusive evidence of such employment:
(aa) Records maintained by
the Social Security Administration.
(bb) Records maintained by an employer, such as pay stubs, time sheets, or employment work verification.
(cc) Records maintained by the Internal Revenue Service.
(dd) Records maintained by a union or day labor center.
(ee) Records maintained by any other government agency, such as worker compensation
page 453
records, disability 1 records, or business licensing records.
(II) OTHER DOCUMENTS.—An alien who is unable to submit a document described in subclause (I) may satisfy the requirement in clause (i)by submitting to the Secretary at least 2 other types of reliable documents that provide evidence of employment for each required period of employment, including—
(aa) bank records;
(bb) business records;
(cc) sworn affidavits from non-relatives who have direct knowledge of the alien’s work, including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information; or
(dd) remittance records.
(v) BURDEN OF PROOF.—An alien applying for adjustment of status under
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this subsection has the burden of proving by a preponderance of the evidence that the alien has satisfied the employment requirements in clause (i). Once the burden is met, the burden shall shift to the Secretary of Homeland Security to disprove the alien’s evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence.
(E) PAYMENT OF INCOME TAXES.—
(i) IN GENERAL.—Not later than the date on which status is adjusted under this section, the alien establishes the payment of any applicable Federal tax liability by establishing that—
(I) no such tax liability exists;
(II) all outstanding liabilities have been paid; or
(III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
(ii) APPLICABLE FEDERAL TAX LIABILITY.—For purposes of clause (i), the term ‘applicable Federal tax liability’....."