adjustment of status to that of h-4b nonimmigrants
`SEC.
251. (a) IN GENERAL- The Secretary of Homeland Security may adjust
the status of an alien to that of a nonimmigrant under section
101(a)(15)(H)(iv)(b) if the alien meets the following requirements: `(1) UNLAWFUL RESIDENCE SINCE 2003- `(A) IN GENERAL- The alien must establish
that the alien entered the `(B)
NONIMMIGRANTS- In the case of an alien who entered the United States as a
nonimmigrant before August 1, 2003, the alien must establish that the alien's
period of authorized stay as a nonimmigrant expired before such date through
the passage of time or the alien's unlawful status was known to the Federal
Government as of such date. `(C) EXCHANGE
VISITORS- If the alien was at any time a nonimmigrant exchange alien (as
defined in section 101(a)(15)(J)), the alien must establish that the alien was
not subject to the two-year foreign residence requirement of section 212(e) or
has fulfilled that requirement or received a waiver thereof. `(2) ADMISSIBLE AS IMMIGRANT- The alien
must establish that the alien-- `(A) is not inadmissible to the `(B) has not
been convicted of any felony or misdemeanor committed in the United States,
excluding crimes related to unlawful entry or presence in the United States and
crimes related to document fraud undertaken for the purpose of satisfying a
requirement of this Act or obtaining a benefit under this Act; and `(C) has not assisted in the persecution of any person or persons
on account of race, religion, nationality, membership in a particular social
group, or political opinion. `(3) EMPLOYED- The alien must establish
that the alien-- `(A) was
employed in the United States before August 1, 2003, and has worked in the
United States since such date and through the date the application is filed
under this subsection; or `(B) is the spouse or child of an alien who
satisfies the requirement of subparagraph (A). `(b) APPLICATION FEE- `(1) IN GENERAL- The Secretary of Homeland
Security shall provide for a fee to be charged for the filing of applications
for adjustment of status under this section. Such fee shall be sufficient to
cover the administrative and other expenses incurred in connection with the
review of such applications. `(2) PENALTY PAYMENT- `(A) IN
GENERAL- In addition to the fee imposed under paragraph (1), except as provided
in subparagraph (B), the Secretary of Homeland Security may accept an
application for adjustment of status under this section only if the alien
remits with such application $1,500, but such sum shall not be required from a child under the age
of 17. `(B) WAGE GARNISHMENT- `(i) IN GENERAL- In lieu of paying the sum under subparagraph
(A) upon filing the application, an alien may elect to pay such sum by having
the Secretary of Homeland Security garnish 10 percent of the disposable pay of
the alien, in accordance with section 3720D of title 31, United States Code. `(ii) INTEREST- In the case of an
outstanding debt created by an election under clause (i),
the Secretary of Homeland Security shall charge an annual fixed rate of
interest on the debt that is equal to the bond equivalent rate of 5-year
Treasury notes auctioned at the final auction held prior to the date on which
interest begins to accrue. `(iii) FINAL
PAYMENT- Any outstanding debt created by an election under clause (i), and any interest due under clause (ii), shall be
considered delinquent if not paid in full 30 days after the end of the alien's
period of authorized stay as a nonimmigrant described in section
101(a)(15)(H)(iv)(b). ---
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