text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Temporary Worker Registration and 
  Visa Act of 2005''.
  
  SEC. 2. ISSUANCE OF TEMPORARY WORKER VISA FOR CERTAIN UNDOCUMENTED 
                WORKER REGISTRANTS.
  
      (a) In General.--The Immigration and Nationality Act is amended by 
  inserting after section 245A (8 U.S.C. 1255a) the following new 
  section:
  
  ``SEC. 245B. ISSUANCE OF TEMPORARY WORKER VISA FOR CERTAIN UNDOCUMENTED 
                WORKER REGISTRANTS.
  
      ``(a) Registration Process for Certain Undocumented Workers.--
              ``(1) In general.--The Secretary of Homeland Security shall 
          register under this subsection an alien if the alien 
          demonstrates to the satisfaction of the Secretary that the 
          alien meets the following requirements:
                      ``(A) Application.--
                              ``(i) In general.--The alien applies for 
                          such registration in a form and manner 
                          specified by the Secretary during the 
                          registration period under clause (ii).
                              ``(ii) Registration period.--The 
                          registration period under this clause shall be 
                          a 12-month period beginning on a date (not 
                          later than 180 days after the enactment of this 
                          section) designated by the Secretary.
                      ``(B) Continuous unlawful presence.--
                              ``(i) In general.--The alien has been 
                          continuously unlawfully present in the United 
                          States from January 1, 2005, through the date 
                          the application under subparagraph (A) is 
                          filed.
                              ``(ii) Unlawful presence not known.--The 
                          alien's unlawful presence in the United States 
                          is not known to officials of the Bureau of 
                          Immigration and Customs Enforcement of the 
                          Department of Homeland Security (as evidenced 
                          by documentary records) at any time prior to 
                          the alien's application for registration under 
                          this subsection.
                              ``(iii) Treatment of brief, casual, and 
                          innocent absences.--An alien shall not be 
                          considered to have failed to have maintained 
                          continuous physical presence in the United 
                          States for purposes of clause (i) by virtue of 
                          brief, casual, and innocent absences from the 
                          United States or a brief, temporary trip abroad 
                          required by emergency or extenuating 
                          circumstances outside the control of the alien
                              ``(iv) No authorization of admission.--
                          Nothing in this section shall be construed as 
                          authorizing an alien to apply for admission to, 
                          or to be admitted to, the United States in 
                          order to register under this subsection.
                      ``(C) Nonimmigrants.--
                              ``(i) In general.--In the case of an alien 
                          who entered the United States as a nonimmigrant 
                          before the date specified in subparagraph 
                          (B)(i), the alien's period of authorized stay 
                          as a nonimmigrant expired through the passage 
                          of time before such date.
                              ``(ii) Exchange visitors.--If the alien was 
                          at any time a nonimmigrant exchange alien (as 
                          described in section 101(a)(15)(J)), 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.
                      ``(D) Admissible as temporary worker.--The alien--
                              ``(i) is admissible to the United States as 
                          an immigrant, except as otherwise provided 
                          under paragraph (3), and is not inadmissible 
                          under paragraph (2) or (3) of section 212(a) or 
                          deportable under paragraph (2)(A)(iii) or (4) 
                          of section 237(a);
                              ``(ii) has not been convicted of any felony 
                          or of three or more misdemeanors committed in 
                          the United States; and
                              ``(iii) 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.
                      ``(E) Biometric identifiers.--The alien provides 
                  the Secretary with such biometric identifiers as the 
                  Secretary may require for the issuance of a visa, in 
                  accordance with section 303(b)(1) of the Enhanced 
                  Border Security and Visa Entry Reform Act of 2002 (8 
                  U.S.C. 1732(b)(1)).
                      ``(F) Registration fee.--The alien has paid such 
                  registration fee as the Secretary shall specify.
                      ``(G) Abandonment of other applications for 
                  relief.--The alien has withdrawn or has otherwise 
                  abandoned or terminated any other application for 
                  relief from removal under any law, which may have been 
                  pending prior to the submission of the application 
                  under subparagraph (A), and the alien has permanently 
                  relinquished the opportunity subsequently to submit any 
                  other such application for relief.
                      ``(H) Employment in the united states.--
                              ``(i) In general.--Except as provided in 
                          clause (ii), the alien was employed on a full-
                          time basis in the United States since the date 
                          specified in subparagraph (B)(i).
                              ``(ii) Exception for spouses and minor 
                          children of registrants.--Clause (i) shall not 
                          apply in the case of an alien who is the spouse 
                          or minor child of an alien who is registered 
                          (or in the process of registering) under this 
                          subsection.
              ``(2) Benefits of registration.--
                      ``(A) Work authorization.--
                              ``(i) In general.--The Secretary shall 
                          authorize an alien who is registered under this 
                          subsection to engage in employment in the 
                          United States during the term of the alien's 
                          registration and shall provide the alien with 
                          an `employment authorized' endorsement or other 
                          appropriate document signifying authorization 
                          of employment.
                              ``(ii) Granting upon prima facie showing of 
                          eligibility.--In the case of an alien who 
                          applies for registration under this subsection 
                          and who establishes a prima facie case of 
                          eligibility to be so registered, the Secretary 
                          shall provide such alien with the employment 
                          authorization described in clause (i) during 
                          the pendency of such application.
              ``(3) Waiver of certain grounds for removal.--
                      ``(A) In general.--Except as provided in this 
                  paragraph, the provisions of subparagraphs (A) and (B) 
                  of subsection (d)(2) of section 245A shall apply to 
                  determinations of eligibility for registration under 
                  this subsection in the same manner as they apply to 
                  determinations of admissibility for purposes of such 
                  section.
                      ``(B) Modification of reference.--In applying 
                  subparagraph (A), any reference in section 
                  245A(d)(2)(A) to section 212(a)(7)(A) is deemed a 
                  reference to section 212(a)(7)(B).
                      ``(C) Inapplicability of certain grounds for 
                  subsequent removal.--For purposes of obtaining the 
                  benefits described in this subsection, and for purposes 
                  of any other determination under the immigration laws 
                  of the United States, any ground for removal or denial 
                  of admission (including grounds under sections 
                  212(a)(6)(A) and 212(a)(9)(B)) applicable to an alien 
                  registered under this subsection shall be disregarded 
                  if the ground is reflected in the records of the 
                  Department of Homeland Security or the Department of 
                  State on the date on which the alien first applied for 
                  such registration and if such ground is waived under 
                  this paragraph.
              ``(4) Termination of registration.--
                      ``(A) Expiration.--Except as provided in 
                  subparagraph (B), the period of registration of an 
                  alien under this section shall expire at the end of the 
                  6-month period beginning on the date of the approval of 
                  such registration.
                      ``(B) Termination of registration.--The Secretary 
                  of Homeland Security shall provide for the termination 
                  of registration of an alien under this subsection--
                              ``(i) if it appears to the Secretary that 
                          the alien was in fact not eligible for such 
                          registration; or
                              ``(ii) if the alien commits an act that 
                          makes the alien inadmissible to the United 
                          States as a nonimmigrant under section 
                          101(a)(15)(W).
      ``(b) Provision of Temporary Worker Visa.--
              ``(1) In general.--The Secretary of Homeland Security shall 
          approve the issuance of a visa to an alien as a nonimmigrant 
          described in section 101(a)(15)(W) if the alien--
                      ``(A) is registered under subsection (a); and
                      ``(B) makes application for such visa at an 
                  appropriate consular office outside the United States 
                  in the alien's country of nationality or, in the case 
                  of an alien having no nationality, in the alien's 
                  country of last habitual residence outside the United 
                  States, not later than 6 months after the date of 
                  approval of such registration.
              ``(2) Period of authorized admission.--
                      ``(A) In general.--Subject to subparagraph (B), the 
                  initial period of authorized admission as a 
                  nonimmigrant described in section 101(a)(15)(W) shall 
                  be 3 years.
                      ``(B) Employment required to maintain status.--
                              ``(i) In general.--An alien's admission as 
                          a nonimmigrant under section 101(a)(15)(W), 
                          other than as the spouse or child of such a 
                          nonimmigrant, is conditioned upon continuous 
                          employment in the United States.
                              ``(ii) Short breaks in employment permitted 
                          with notice.-- An alien does not violate clause 
                          (i) if--
                                      ``(I) the break in employment does 
                                  not exceed 30 days (or such longer 
                                  period as the Secretary may provide 
                                  based on extraordinary circumstances); 
                                  and
                                      ``(II) the Secretary is provided 
                                  notice in a timely manner of the break 
                                  in employment and of the resumption of 
                                  employment.
                      ``(C) Extension.--
                              ``(i) In general.--The period of authorized 
                          admission as a nonimmigrant under section 
                          101(a)(15)(W) may be extended by the Secretary 
                          in 3-year increments. The Secretary may not 
                          authorize such extension for an alien if the 
                          alien violated subparagraph (B) for the 
                          previous period of authorized admission.
                              ``(ii) Extension fee.-- The Secretary shall 
                          impose a fee on applicants for an extension 
                          under clause (i).
                      ``(D) Termination of nonimmigrant status.--The 
                  Secretary of Homeland Security shall provide for the 
                  termination of nonimmigrant status granted an alien 
                  under this subsection if it appears to the Secretary 
                  that the alien was in fact not eligible for 
                  registration under subsection (a).
      ``(c) Application of Certain Provisions.--
              ``(1) Confidentiality and false statement.--The provisions 
          of paragraphs (5) and (6) of subsection (c) of section 245A 
          shall apply to applications for registration under subsection 
          (a) in the same manner as they applied to applications for 
          adjustment under section 245A.
              ``(2) Temporary stay of deportation.--The provisions of 
          subsection (e)(1) of section 245A shall apply to aliens with 
          respect to the application period and registration under 
          subsection (a) in the same manner as they applied to the 
          application period and applications for adjustment under 
          subsection (a) of such section.
      ``(d) Construction.--
              ``(1) Limited follow-to-join authority for family 
          members.--Nothing in this section shall be construed as 
          authorizing, in the case of an alien registered under 
          subsection (a)--
                      ``(A) the registration of any family member of such 
                  alien unless such family member meets the requirements 
                  for such registration; or
                      ``(B) the issuance of a nonimmigrant visa under 
                  section 101(a)(15)(W) to such family member unless such 
                  family member qualifies for such a visa.
              ``(2) Change in nonimmigrant classification; adjustment of 
          status.--Nothing in this section shall be construed as 
          prohibiting the change of nonimmigrant classification, or 
          adjustment to lawful permanent resident status, of an alien who 
  
          is a nonimmigrant described in section 101(a)(15)(W).''.
      (b) New Nonimmigrant Visa Category.--Section 101(a)(15) of such Act 
  (8 U.S.C. 1101(a)(15)) is amended--
              (1) in subparagraph (U), by striking ``or'' at the end;
              (2) in subparagraph (V), by striking the period at the end 
          and inserting ``; or''; and
              (3) by adding at the end the following new subparagraph:
              ``(W) an alien who is coming temporarily to the United 
          States to be employed in accordance with subsection (b) of 
          section 245B, and the spouse and minor children of such alien 
          if accompanying or following to join the alien and qualified 
          under paragraph (1) of such subsection to be provided 
          nonimmigrant status under this subparagraph.''.
      (c) Clerical Amendment.--The table of contents for such Act is 
  amended by inserting after the item relating to section 245A the 
  following:
  
  ``Sec. 245B. Issuance of temporary worker visa for certain undocumented 
                              worker registrants.''.
target: Temporary Worker Registration and Visa Act of 2005 - Amends the Immigration and Nationality Act to provide for issuance of a temporary (initial three-year period with three-year extensions) worker visa (W-visa) for qualifying aliens who have been continuously unlawfully present and working full-time in the United States from January 1, 2005 through the application date provided for under this Act.
  
  Conditions such admission on the alien worker's continuous employment.
  
  Limits family member follow-to-join admissions to situations where the family member meets registration or W-visa requirements.
feat_title: To amend the Immigration and Nationality Act to provide certain undocumented workers with temporary work visas.