of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended—
(A) by striking ‘‘or’’ at the end of subpara-
graph (R);
(B) by striking the period at the end of
subparagraph (S) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(T) subject to section 214(n), an alien, and
the spouse and children of the alien if accompanying
or following to join the alien, who the Attorney Gen-
eral determines—
‘‘(i) is or has been a victim of a severe
form of trafficking in persons (as defined in
section 3 of the Trafficking Victims Protection
Act of 2000);
‘‘(ii) is physically present in the United
States or at a port of entry into the United
States by reason of having been transported to
the United States or the port of entry in con-
nection with such severe form of trafficking in
persons;
‘‘(iii)(I) has not attained 15 years of age;
or
‘‘(II) was induced to participate in the
commercial sex act or condition of involuntary
servitude, peonage, or slavery or slavery-like
practices that is the basis of the determination
under clause (i) by force, coercion, fraud, or de-
ception, did not voluntarily agree to any ar-
rangement including such participation, and
has complied with any reasonable request for
assistance in the investigation or prosecution of
severe forms of trafficking in persons; and
‘‘(iv)(I) has a well-founded fear of retribu-
tion involving the infliction of severe harm upon
removal from the United States; or
‘‘(II) would suffer extreme hardship in
connection with the victimization described in
clause (i) upon removal from the United States,
and, if the Attorney General considers it to be nec-
essary to avoid extreme hardship, the sons and
daughters (who are not children), of any such alien
(and the parents of any such alien, in the case of an
alien under 21 years of age) if accompanying or fol-
lowing to join the alien.’’.
(2) CONDITIONS ON NONIMMIGRANT STATUS.—
Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184) is amended—
(1) by redesignating the subsection (l) added by
section 625(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public
Law 104–208; 110 Stat. 3009–1820) as subsection
(m); and
(2) by adding at the end the following:
‘‘(n)(1) No alien shall be eligible for admission to the
United States under section 101(a)(15)(T) if there is sub-
stantial reason to believe that the alien has committed an
act of a severe form of trafficking in persons (as defined
in section 3 of the Trafficking Victims Protection Act of
2000).
‘‘(2) The total number of aliens who may be issued
visas or otherwise provided nonimmigrant status during
any fiscal year under section 101(a)(15)(T) may not ex-
ceed 5,000.
‘‘(3) The numerical limitation of paragraph (2) shall
only apply to principal aliens and not to the spouses, sons,
daughters, or parents of such aliens.
‘‘(4) Aliens who are subject to the numerical limita-
tion of paragraph (2) shall be issued visas (or otherwise
provided nonimmigrant status) in the order in which peti-
tions are filed for such visas or status.’’.
(3) WAIVER OF GROUNDS FOR INELIGIBILITY
FOR ADMISSION.—Section 212(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(d)) is
amended by adding at the end the following:
‘‘(13)(A) The Attorney General shall determine
whether a ground for inadmissibility exists with respect
to a nonimmigrant described in section 101(a)(15)(T).
‘‘(B) In addition to any other waiver that may be
available under this section, in the case of a nonimmigrant
described in section 101(a)(15)(T), if the Attorney Gen-
eral considers it to be in the national interest to do so,
the Attorney General, in the Attorney General’s discretion,
may waive the application of—
‘‘(i) paragraphs (1) and (4) of subsection (a);
and
‘‘(ii) any other provision of such subsection (ex-
cluding paragraphs (3), (10)(C), and (10(E)) if the
activities rendering the alien inadmissible under the
provision were caused by, or were incident to, the
victimization described in section 101(a)(15)(T)(i).
‘‘(C) Nothing in this paragraph shall be regarded as
prohibiting the Attorney General from instituting removal
proceedings against an alien admitted as a nonimmigrant
under section 101(a)(15)(T) for conduct committed after
the alien’s admission into the United States, or for con-
duct or a condition that was not disclosed to the Attorney
General prior to the alien’s admission as a nonimmigrant
under section 101(a)(15)(T).’’.
(4) ADJUSTMENT
TO
PERMANENT
RESIDENT
STATUS.—Section 245 of the Immigration and Na-
tionality Act (8 U.S.C. 1255) is amended by adding
at the end the following:
‘‘(l)(1) If, in the opinion of the Attorney General, a
nonimmigrant admitted into the United States under sec-
tion 101(a)(15)(T)—
‘‘(A) has been physically present in the United
States for a continuous period of at least 3 years
since the date of such admission;
‘‘(B) has, throughout such period, been a per-
son of good moral character;
‘‘(C) has, during such period, complied with any
reasonable request for assistance in the investigation
or prosecution of severe forms of trafficking in per-
sons; and
‘‘(D)(i) has a well-founded fear of retribution
involving the infliction of severe harm upon removal
from the United States; or
‘‘(ii) would suffer extreme hardship in connec-
tion with the victimization described in section
101(a)(15)(T)(i) upon removal from the United
States,
the Attorney General may adjust the status of the alien
(and the spouse, parents, married and unmarried sons and
daughters of the alien if admitted under such section) to
that of an alien lawfully admitted for permanent residence.
‘‘(2) Paragraph (1) shall not apply to an alien admit-
ted under section 101(a)(15)(T) who is inadmissible to the
United States by reason of a ground that has not been
waived under section 212, except that, if the Attorney
General considers it to be in the national interest to do
so, the Attorney General, in the Attorney General’s discre-
tion, may waive the application of—
‘‘(A) paragraphs (1) and (4) of section 212(a);
and
‘‘(B) any other provision of such section (ex-
cluding paragraphs (3), (10)(C), and (10(E)), if the
activities rendering the alien inadmissible under the
provision were caused by, or were incident to, the
victimization described in section 101(a)(15)(T)(i).
‘‘(3) An alien shall be considered to have failed to
maintain continuous physical presence in the United
States for purposes of paragraph (1)(A) if the alien has
departed from the United States for any period in excess
of 90 days or for any periods in the aggregate exceeding
180 days.
‘‘(4)(A) The total number of aliens whose status may
be adjusted under paragraph (1) during any fiscal year
may not exceed 5,000.