Immigrant Witness and Victim Protection Act of 2018

To amend the Immigration and Nationality Act to eliminate the annual numerical limitation on U visas, to require the Secretary of Homeland Security to grant work authorization to aliens with a pending application for nonimmigrant status under subparagraph (U) or (T) of section 101(a)(15) of such Act, and for other purposes. 1. Short title This Act may be cited as the Immigrant Witness and Victim Protection Act of 2018 2. Elimination of annual numerical limitation on U visas Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) 3. Work authorization while applications for U and T visas are pending (a) U visas Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) (1) in paragraph (6), by striking the last sentence; and (2) by adding at the end the following: (8) Work authorization Notwithstanding any provision of this Act granting eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to an alien who has filed an application for nonimmigrant status under section 101(a)(15)(U) on the date that is the earlier of— (A) the date on which the alien’s application for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which the alien filed the application. . (b) T visas Section 214(o) of the Immigration and Nationality Act ( 8 U.S.C. 1184(o) (8) Notwithstanding any provision of this Act granting eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to an alien who has filed an application for nonimmigrant status under section 101(a)(15)(T) on the date that is the earlier of— (A) the date on which the alien’s application for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which the alien filed the application. . 4. Prohibition on removal of certain victims with pending petitions and applications (a) Expedited removal of inadmissible arriving aliens Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 (e) Prohibition on removal of certain victims with pending petitions and applications (1) In general An alien described in paragraph (2) shall not be ordered removed under this section until there is a final administrative denial of the application for such status after the exhaustion of administrative appeals. (2) Aliens described An alien is described in this paragraph if the alien— (A) has a pending application under section 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), with a pending application for relief under a provision referred to in one of subparagraphs (A) through (G) of such section. (3) Exception Paragraph (1) shall not apply in a case in which the Director of U.S. Citizenship and Immigration Services determines that the alien is prima facie ineligible for admission due to any of the circumstances described in section 241(b)(3)(B). . (b) General classes of deportable aliens Section 237(d)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1227(d)(1) (d) (1) The Director of U.S. Citizenship and Immigration Services shall make a determination whether an application for nonimmigrant status under subparagraph (T) or (U) of section 101(a)(15) filed for an alien in the United States sets forth a prima facie case for approval, and, if so, the Secretary shall grant the alien an administrative stay of a final order of removal under section 241(c)(2) until— (A) the application for nonimmigrant status under such subparagraph (T) or (U) is approved; or (B) there is a final administrative denial of the application for such nonimmigrant status after the exhaustion of administrative appeals. . (c) Expedited removal of aliens convicted of committing aggravated felonies Section 238 of the Immigration and Nationality Act ( 8 U.S.C. 1228 (d) Prohibition on removal of certain victims with pending petitions and applications (1) In general An alien described in paragraph (2) shall not be ordered removed under this section until there is a final administrative denial of the application for such status after the exhaustion of administrative appeals. (2) Aliens described An alien is described in this paragraph if the alien— (A) has a pending application under section 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), with a pending application for relief under a provision referred to in one of subparagraphs (A) through (G) of such section. (3) Exception Paragraph (1) shall not apply in a case in which the Director of U.S. Citizenship and Immigration Services determines that any of the circumstances described in section 241(b)(3)(B) apply. . (d) Detention and removal of aliens ordered removed Section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) (8) Prohibition on removal of certain victims with pending petitions and applications (A) In general An alien described in subparagraph (B) shall not be removed under this section until there is a final administrative denial of the application for such status after the exhaustion of administrative appeals. (B) Aliens described An alien is described in this paragraph if the alien— (i) has a pending application under section 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997); or (ii) is a VAWA self-petitioner, as defined in section 101(a)(51), with a pending application for relief under a provision referred to in one of subparagraphs (A) through (G) of such section. (C) Exception Paragraph (1) shall not apply in a case in which the Director of U.S. Citizenship and Immigration Services determines that any of the circumstances described in section 241(b)(3)(B) apply. .

Summary: Immigrant Witness and Victim Protection Act of 2018 This bill amends the Immigration and Nationality Act to eliminate the annual numerical limit on nonimmigrant U visas (victims of crime who are willing to assist law enforcement in investigations and prosecutions). The Department of Homeland Security shall grant work authorizations to aliens with a pending application for a nonimmigrant U visa or a T visa (victims of trafficking in persons who are willing to assist law enforcement in investigations and prosecutions). The bill prohibits, with specified exceptions, the following nonimmigrants from being considered inadmissible or subject to removal or deportation until there is a final denial of status application: a U or T visa applicant, a battered spouse seeking employment authorization, a battered spouse or child seeking permanent resident status, an alien seeking temporary protected status (TPS), or a self-petitioning alien seeking protections under the Violence Against Women Act.