I 

117TH CONGRESS 

1ST SESSION H. R. 3548 

To authorize the issuance of visas and admission of certain aliens, and 

their derivatives, who were selected to apply for diversity immigrant 

visas but were unable to be issued such visas or be admitted to the 

United States as a result of certain Presidential Proclamations, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2021 

Mr. TORRES of New York (for himself and Ms. CHU) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To authorize the issuance of visas and admission of certain 

aliens, and their derivatives, who were selected to apply 

for diversity immigrant visas but were unable to be 

issued such visas or be admitted to the United States 

as a result of certain Presidential Proclamations, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Keeping Our Promise 

5 Act’’. 


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1 SEC. 2. ALIENS PREVIOUSLY ALLOCATED DIVERSITY VISAS. 

2 (a) IN GENERAL.—Notwithstanding section 

3 204(a)(1)(I)(ii)(II) of the Immigration and Nationality 

4 Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)), and subject to sub5 section (c) of this section, an immigrant visa made avail6 able to an alien under section 203(e)(2) of the Immigra7 tion and Nationality Act (8 U.S.C. 1153(e)(2)) in any of 

8 fiscal years 2017, 2018, 2019, 2020, or 2021 shall remain 

9 available to such alien if— 

10 (1) the alien was refused a visa or denied ad11 mission to the United States solely because of— 

12 (A) Executive Order 13769, ‘‘Protecting 

13 the Nation from Foreign Terrorist Entry into 

14 The United States’’ (January 27, 2017); 

15 (B) Executive Order 13780, ‘‘Protecting 

16 the Nation from Foreign Terrorist Entry into 

17 the United States’’ (March 6, 2017); 

18 (C) Proclamation 9645, ‘‘Enhancing Vet19 ting Capabilities and Processes for Detecting 

20 Attempted Entry into the United States by 

21 Terrorists or Other Public-Safety Threats’’ 

22 (September 24, 2017); or 

23 (D) Proclamation 9983, ‘‘Improving En24 hanced Vetting Capabilities and Processes for 

25 Detecting Attempted Entry into the United 


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1 States by Terrorists or Other Public-Safety 

2 Threats’’ (January 31, 2020); or 

3 (2) because of the COVID–19 public health 

4 emergency— 

5 (A) the alien was unable to receive a visa 

6 interview despite submitting an Online Immi7 grant Visa and Alien Registration Application 

8 (Form DS–260) to the Secretary of State; or 

9 (B) the alien was unable to be admitted to 

10 the United States despite being approved for a 

11 visa under section 203(c) of the Immigration 

12 and Nationality Act (8 U.S.C. 1153(c)). 

13 (b) OBLIGATIONS OF THE SECRETARY.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of the enactment of this Act, the Secretary 

16 of State shall— 

17 (A) notify each alien described in sub18 section (a) (and such alien’s representative, if 

19 applicable) of their continuing eligibility for a 

20 visa under section 203(c) of the Immigration 

21 and Nationality Act (8 U.S.C. 1153(c)); and 

22 (B) publish on the Department of State 

23 website, information and procedures imple24 menting this Act. 


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1 (2) NOTICE.—The notice described in para2 graph (1)(A) shall include procedures for the alien 

3 to inform the Secretary of State of the alien’s intent 

4 to proceed with or abandon the application, and 

5 shall include an advisal that such application shall 

6 be deemed abandoned if the alien fails to notify the 

7 Secretary of the alien’s intent to proceed within one 

8 year of the date of the notice. 

9 (c) LIMITATION ON VISA ELIGIBILITY.—An alien de10 scribed in subsection (a) shall remain eligible to receive 

11 such visa until the earliest of the date that the alien— 

12 (1) notifies the Secretary of the alien’s intent to 

13 abandon the application; 

14 (2) fails to respond to the notice described in 

15 subsection (b)(2); or 

16 (3) is refused a visa by the Secretary of State— 

17 (A) for failure to meet the education or 

18 work experience requirements under section 

19 203(c)(2) of the Immigration and Nationality 

20 Act (8 U.S.C. 1153(c)(2)); or 

21 (B) on grounds that the alien is inadmis22 sible under section 212(a) of the Immigration 

23 and Nationality Act (8 U.S.C. 1182(a)). 

24 (d) NUMERICAL LIMITATION.— 


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1 (1) IN GENERAL.—Except as provided in para2 graphs (2) and (3), visas issued to aliens under this 

3 Act shall be counted against the numerical limitation 

4 described in section 201(e) of the Immigration and 

5 Nationality Act (8 U.S.C. 1151(e)) for the fiscal 

6 year in which such visas were made available to such 

7 aliens. 

8 (2) UNUSED VISAS.—Visas under section 

9 201(e) of the Immigration and Nationality Act (8 

10 U.S.C. 1151(e)) that go unused in any of fiscal 

11 years 2017, 2018, 2019, 2020, or 2021 may be allo12 cated to aliens described in subsection (a) regardless 

13 of the fiscal year in which such alien’s visa was 

14 made available. 

15 (3) OVERAGE.—In the case that the total num16 ber of aliens described in subsection (a) who are eli17 gible for visas exceeds the total number of visas 

18 under section 201(e) of the Immigration and Na19 tionality Act (8 U.S.C. 1151(e)) for fiscal years 

20 2017, 2018, 2019, 2020, and 2021, such excess 

21 number shall not be counted against the numerical 

22 limitation described in such section 201(e). 

23 (e) AGE OUT PROTECTIONS.—A determination of 

24 whether an alien is the child of a visa recipient described 

25 in this Act pursuant section 203(d) of the Immigration 


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1 and Nationality Act (8 U.S.C. 1153(d)) shall be made 

2 using the age of the child when applicant was initially se3 lected for a visa in accordance with section 203(e)(2) of 

4 the Immigration and Nationality Act (8 U.S.C. 

5 1153(e)(2)). 

Æ 


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