SOLVE Act of 2004

Safe, Orderly, Legal Visas and Enforcement Act (or SOLVE Act) of 2004 - Creates an earned adjustment program for undocumented aliens (and their spouses and children) who meet specified requirements. Excludes aliens granted earned adjustment from numerical visa limitations.

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to allow such aliens to correct social security records.

Creates transitional status for certain aliens who do not satisfy earned adjustment requirements.

Amends the Immigration and Nationality Act to exempt immediate relatives from the family-sponsored immigrant cap. Redefines "immediate relatives" to include spouses and minor children of lawful permanent residents.

Recaptures certain unused visa numbers.

Reduces the minimum income level for affidavits of support.

Increases to 21 the eligibility age for derivative citizenship.

Repeals, retroactively, barriers to reentry for unlawful presence.

Redefines the H-2B nonimmigrant worker category to include aliens coming temporarily to perform short-term service or labor for nine months or less. Adds an H-1D category for aliens coming temporarily to perform service or labor other than that performed by specified nonimmigrants.

Requires employers seeking H-1D or H-2B workers to undertake recruitment efforts for U.S. workers and to submit labor attestations. Provides for derivative status for spouses and children of H-1D and H-2B workers. Makes such workers eligible for employment-based immigrant visas and adjustment of status.

Authorizes stays of removal for aliens involved in workplace claims.

Addresses backpay remedies and unfair immigration-related employment practices.

Creates a Temporary Worker Programs Commission.