Keeping Our Promise Act

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. Short title This Act may be cited as the Keeping Our Promise Act 2. Aliens previously allocated diversity visas (a) In general Notwithstanding section 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(I)(ii)(II) 8 U.S.C. 1153(e)(2) (1) the alien was refused a visa or denied admission to the United States solely because of— (A) Executive Order 13769, Protecting the Nation from Foreign Terrorist Entry into The United States (B) Executive Order 13780, Protecting the Nation from Foreign Terrorist Entry into the United States (C) Proclamation 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats (D) Proclamation 9983, Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats (2) because of the COVID–19 public health emergency— (A) the alien was unable to receive a visa interview despite submitting an Online Immigrant Visa and Alien Registration Application (Form DS–260) to the Secretary of State; or (B) the alien was unable to be admitted to the United States despite being approved for a visa under section 203(c) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c) (b) Obligations of the Secretary (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall— (A) notify each alien described in subsection (a) (and such alien’s representative, if applicable) of their continuing eligibility for a visa under section 203(c) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c) (B) publish on the Department of State website, information and procedures implementing this Act. (2) Notice The notice described in paragraph (1)(A) shall include procedures for the alien to inform the Secretary of State of the alien’s intent to proceed with or abandon the application, and shall include an advisal that such application shall be deemed abandoned if the alien fails to notify the Secretary of the alien’s intent to proceed within one year of the date of the notice. (c) Limitation on visa eligibility An alien described in subsection (a) shall remain eligible to receive such visa until the earliest of the date that the alien— (1) notifies the Secretary of the alien’s intent to abandon the application; (2) fails to respond to the notice described in subsection (b)(2); or (3) is refused a visa by the Secretary of State— (A) for failure to meet the education or work experience requirements under section 203(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c)(2) (B) on grounds that the alien is inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (d) Numerical limitation (1) In general Except as provided in paragraphs (2) and (3), visas issued to aliens under this Act shall be counted against the numerical limitation described in section 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) (2) Unused visas Visas under section 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) (3) Overage In the case that the total number of aliens described in subsection (a) who are eligible for visas exceeds the total number of visas under section 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) (e) Age out protections A determination of whether an alien is the child of a visa recipient described in this Act pursuant section 203(d) of the Immigration and Nationality Act ( 8 U.S.C. 1153(d) 8 U.S.C. 1153(e)(2)

Summary: Keeping Our Promise Act This bill authorizes issuing visas to certain individuals who were previously refused a diversity immigrant visa or admission into the United States because of certain executive orders or the COVID-19 public health emergency. (Diversity immigrant visas are available to eligible immigrants from countries with relatively low rates of immigration to the United States.) Specifically, this bill applies to individuals who were refused such a visa solely due to certain executive orders from 2017 to 2020, including orders which suspended the entry of individuals from certain countries. The bill also applies to diversity visa applicants who, because of the COVID-19 emergency, were (1) unable to receive a visa interview despite requesting one, or (2) unable to be admitted into the United States despite being approved for a visa. The Department of State must notify each individual covered under this bill of the individual's visa eligibility. To retain eligibility, an individual must respond to the State Department's notice within one year of the notice. An individual may also lose eligibility if the State Department determines that the applicant fails to meet certain requirements. The bill also relaxes certain annual numerical limits for individuals obtaining a visa under this bill. An individual who was a child when initially selected for a visa shall be treated as a child for the purposes of a visa application under this bill.