SEC. 111. BIOMETRIC ENTRY-EXIT SYSTEM.
(a)(7)(C) WITHHOLDERS OF BIOMETRIC DATA
"Any alien who fails or has failed to comply with a lawful request for biometric data under section 215(c), 235(d), or 252(d) is inadmissible.";

subsection (d), paragraph (2) "The Secretary may waive the application of subsection (a)(7)(C) for an individual alien or class of aliens.".

SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE AND REMOVAL.

(c) DEPORTABILITY. Section 237(a)(2) of the Immigration and Nationality Act (8U.S.C. 1227(a)(2)) is amended by adding at the end the following:
"(F) ALIENS ASSOCIATED WITH CRIMINAL GANGS- Any alien, in or admitted to the United States, who at any time has participated in a criminal gang (as defined in section 101(a)(52)), knowing or having reason to know that such participation will promote, further, aid, or supportthe illegal activity of the criminal gang is deportable. The Secretary of Homeland Security or the Attorney General may in his discretion waive this subparagraph."

SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.
'An alien permitted to voluntarily depart under paragraph (2) shall post a voluntary departure bond, in an amount necessary to ensure that the alien will depart, to be surrendered upon proof that the alien has departed the United States within the time specified. An immigration judge may waive the requirement to post a voluntary departure bond in individual cases upon a finding that the alien has presented compelling evidence that the posting of a bond will pose a serious financial hardship and the alien has presented credible evidence that such a bond is unnecessary to guarantee timely departure.'

SEC. 214A. ADMISSION OF AGRICULTURAL WORKERS.
(4) WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY.
"In the determination of an alien's eligibility for a Z-A visa or a Z-Adependent visa the following shall apply:"
(A) GROUNDS OF EXCLUSION NOT APPLICABLE.
"The provisions of paragraphs (5), (6)(A), (7), and (9) of section 212(a) shall not apply."
(B) WAIVER OF OTHER GROUNDS.
(i) IN GENERAL.
"Except as provided in clause (ii), the Secretary may waive any provision of such section 212(a), other than the paragraphs described in subparagraph (A), in the case of individual aliens for humanitarian purposes, to ensure family unity, or if such waiver is otherwise in the public interest."
(ii) GROUNDS THAT MAY NOT BE WAIVED.
"Except as provided in subparagraph (C), subparagraphs (A), (B), and (C) of paragraph (2), and paragraphs (3) and (4) of section 212(a) may not be waived by the Secretary under clause (i)."
iii) CONSTRUCTION.
"Nothing in this subparagraph shall be construed as affecting the authority of the Secretary other than under this subparagraph to waive provisions of such section 212(a)."

SEC. 218A. ADMISSION OF Y NONIMMIGRANTS.
(2) WAIVER- The Secretary may in his discretion waive the application of any provision of section 212(a) of the Act not listed in paragraph (2) on behalf of an individual alien for humanitarian purposes, to ensure family unity, or if such waiver is otherwise in the public interest.

SEC. 218B. GENERAL Y NONIMMIGRANT EMPLOYER OBLIGATIONS.
(3) EMPLOYERS IN HIGH UNEMPLOYMENT AREAS- The Secretary of Labor may not approve any employer's application under subsection (b) if the work to be performed by the Y nonimmigrant is not agriculture based and is located in a county where the unemployment rate during the most recently completed year is more than 7 percent. An employer in a high unemployment area may petition the Secretary for a waiver of this provision. The Secretary shall promulgate regulations for the expeditious review of such waivers, which shall specify that the employer must satisfy the requirements of section (b) above and in addition must provide documentation of its recruitment efforts, including proof that it has advertised the position in one of the three publications that have the highest circulation in the labor market that is likely to be patronized by a potential worker for not fewer than 20 consecutive days under the rules and conditions set forth in section (b). An employer who has provided proof of advertising in accordance with this section shall be deemed to be in compliance with the requirements of subsection (b)(1)(D) of this section. The Secretary shall provide for a process to promptly respond to all waiver requests, and shall maintain on the Department of Labor's website an annual list of counties to which this subsection applies.

SEC. 218E. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERS.
(2) DISQUALIFICATION.
An alien shall be considered inadmissible to the United States and ineligible for nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the alien has, at any time during the past 5 years
(A) violated a material provision of this section, including the requirement to promptly depart the United States when the alien's authorized period of admission under this section has expired; or
(B) otherwise violated a term or condition of admission into the United States as a nonimmigrant, including overstaying the period of authorized admission as such a nonimmigrant.
(3) WAIVER OF INELIGIBILITY FOR UNLAWFUL PRESENCE.
(A) IN GENERAL.
An alien who has not previously been admitted into the United States pursuant to this section, and who is otherwise eligible for admission in accordance with paragraphs (1) and (2), shall not be deemed inadmissible by virtue of section 212(a)(9)(B). If an alien described in the preceding sentence is present in the United States, the alien may apply from abroad for H-2A status, but may not be granted that status in the United States.
(B) MAINTENANCE OF WAIVER.
An alien provided an initial waiver of ineligibility pursuant to subparagraph (A) shall remain eligible for such waiver unless the alien violates the terms of this section or again becomes ineligible under section 212(a)(9)(B) by virtue of unlawful presence in the United States after the date of the initial waiver of ineligibility pursuant to subparagraph (A).

SEC. 309. IMMIGRATION ENFORCEMENT SUPPORT BY THE INTERNAL REVENUE SERVICE AND THE SOCIAL SECURITY ADMINISTRATION.
Section 6724 of the Internal Revenue Code of 1986 (relating to waiver; definitions and special rules) is amended by adding at the end the following new subsection:
(f) Special rules with respect to social security numbers on withholding exemption certificates.
(l) Reasonable cause waiver not to apply. Subsection (a) shall not apply with respect to the social security account number of an employee furnished under section 6051 (a)(2).
(2) Exception.-
(A) In general.-Except as provided in subparagraph (B), [paragraph (1)] shall not apply in any case in which the employer-
(i) receives confirmation that the discrepancy described in section 205(c)(2)(I) of the Social Security Act has been resolved, or
(ii) corrects a clerical error made by the employer with respect to the social security account number of an employee within 60 days after notification under section 205(c)(2)(1) of the Social Security Act that the social security account number contained in wage records provided to the Social Security Administration by the employer with respect to the employee does not match the social security account number of the employee contained in relevant records otherwise maintained by the Social Security Administration.
(B) Exception not applicable to frequent offenders. Subparagraph (A) shall not apply -
(i) in any case in which not less than 50 of the statements required to be made by an employer pursuant to section 6051 either fail to include an employee's social security account number or include an incorrect social security account number, or
(ii) with respect to any employer who has received written notification under section 205(c)(2)(1) of the Social Security Act during each of the 3 preceding taxable years that the social security account numbers in the wage records provided to the Social Security Administration by such employer with respect to 10 more employees do not match relevant records otherwise maintained by the Social Security Administration.

SEC. 601.
(1) GROUNDS OF INELIGIBILITY- An alien is ineligible for Z nonimmigrant status if the Secretary determines that the alien
(A)
(1) is inadmissible to the United States under section 212(a) of the Act (8 U.S.C. 1182(a)), except as provided in paragraph (2);
(2) Nothing in this paragraph shall require the Secretary to commence removal proceedings against an alien.

(B) is subject to the execution of an outstanding administratively final order of removal, deportation, or exclusion;

(C) is described in or is subject to section 241(a)(5) of the Act; . . .

(I) The Secretary may in his discretion waive ineligibility under subparagraph (B) or (C) if the alien has not been physically removed from the United States and if the alien demonstrates that his departure from the United States would result in extreme hardship to the alien or the alien's spouse, parent or child.

(iii) the Secretary may in his discretion waive the application of any provision of section 212(a) of the Act not listed in subparagraph (B) on behalf of an individual alien for humanitarian purposes, to ensure family unity, or if such waiver is otherwise in the public interest...

(B) Construction.
"Nothing in this paragraph shall be construed as affecting the authority of the Secretary other than under this paragraph to waive the provisions of section 212(a) of the Act."

(f) Application Procedures.
(2) Initial Receipt of Applications.--
"If, during the one-year initial period for the receipt of applications for Z nonimmigrant status, the Secretary of Homeland Security determines that additional time is required to register applicants for Z nonimmigrant status, the Secretary may in his discretion extend the period for accepting applications by up to 12 months."