247 
that Act (8 U.S.C. 1153) may be admitted pursuant to 
a family purpose visa, in accordance with section 214(s) 
of that Act, if the individual is otherwise eligible for ad-
mission. 
SEC. 3115. MILITARY NATURALIZATION MODERNIZATION. 
(a) IN GENERAL.—Chapter 2 of title III of the Immi-
gration and Nationality Act (8 U.S.C. 1421 et seq.) is 
amended— 
(1) by striking section 328 (8 U.S.C. 1439); 
and 
(2) in section 329 (8 U.S.C. 1440)— 
(A) by amending the section heading to 
read as follows: ‘‘NATURALIZING
THROUGH 
SERVICE IN THE SELECTED RESERVE OR IN AC-
TIVE-DUTY STATUS’’; 
(B) in subsection (a)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘during either’’ and all 
that follows through ‘‘foreign force’’; 
(ii) in paragraph (1)— 
(I) by striking ‘‘America Samoa, 
or Swains Island’’ and inserting 
‘‘American Samoa, Swains Island, or 
any of the freely associated States (as 
defined in section 611(b)(1)(C) of the 
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248 
Individuals with Disabilities Edu-
cation 
Act 
(20 
U.S.C. 
1411(b)(1)(C))),’’; and 
(II) by striking ‘‘he’’ and insert-
ing ‘‘such person’’; and 
(iii) in paragraph (2), by striking ‘‘in 
an active-duty status, and whether separa-
tion from such service was under honorable 
conditions’’ and inserting ‘‘in accordance 
with subsection (b)(3)’’; and 
(C) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘he’’ 
and inserting ‘‘such person’’; and 
(ii) in paragraph (3), by striking ‘‘an 
active-duty status’’ and all that follows 
through ‘‘foreign force, and’’ and inserting 
‘‘in an active status (as defined in section 
101(d) of title 10, United States Code), in 
the Selected Reserve of the Ready Reserve, 
or on active duty (as defined in such sec-
tion) and, if separated’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by striking the items relating to sec-
tions 328 and 329 and inserting the following: 
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249 
‘‘Sec. 329. Naturalization through service in the Selected Reserve or in active- 
duty status.’’. 
TITLE II—FAIRNESS FOR LEGAL 
IMMIGRANTS 
SEC. 3201. REDUCTION OF BACKLOGS. 
Section 201(b)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1151(b)(1)) is amended by adding at the 
end the following: 
‘‘(F) Aliens— 
‘‘(i) who are beneficiaries (including 
derivative beneficiaries) of an approved im-
migrant visa petition bearing a priority 
date that is more than 10 years before the 
alien submits an application for an immi-
grant visa or for adjustment of status; and 
‘‘(ii) who deposit a premium proc-
essing fee of $20,000 into the Immigration 
Infrastructure and Debt Reduction Fund 
established in section 9512 of title 26, 
United States Code. 
‘‘(G) Aliens who are beneficiaries (includ-
ing derivative beneficiaries) of an approved im-
migrant visa petition bearing a priority date 
that is more than 10 years before the alien sub-
mits an application for an immigrant visa or for 
adjustment of status, subject to the following: 
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‘‘(i) In each of the fiscal years 2026 
through and including 2035, the Secretary 
shall allocate to aliens described in sub-
paragraph (G) a number of immigrant 
visas in an amount that is sufficient to en-
sure that by the end of fiscal year 2035 
there are no aliens described in subpara-
graph (G).’’. 
SEC. 3202. PER-COUNTRY CAPS RAISED. 
Section 202(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1152(a)(2)) is amended by striking ‘‘7 per-
cent’’ and inserting ‘‘15 percent’’. 
SEC. 3203. PROTECTING THE STATUS OF CHILDREN AF-
FECTED BY DELAYS IN VISA AVAILABILITY. 
(a) REQUIREMENTS.—Section 201(b)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1151(b)(1)), as 
amended by section 3201, is further amended by adding 
at the end the following: 
‘‘(H) Any alien who— 
‘‘(i) is not inadmissible under section 
212(a) or deportable under section 237(a); 
‘‘(ii) was lawfully present in the 
United States as a dependent child of a 
nonimmigrant admitted to engage in em-
ployment in the United States (other than 
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251 
a nonimmigrant described in subparagraph 
(A), (G), (N), or (S) of section 101(a)(15)) 
for an aggregate period of not less than 8 
years; 
‘‘(iii) on the date on which an applica-
tion under section 204(a)(1)(M) is sub-
mitted, has been lawfully present in the 
United States for an aggregate period of 
not less than 10 years; and 
‘‘(iv) has graduated from an institu-
tion of higher education (as defined in sec-
tion 102(a) of the Higher Education Act of 
1965 (20 U.S.C. 1002(a))) in the United 
States.’’. 
(b) PETITION.—Section 204(a)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend-
ed by adding at the end the following: 
‘‘(M) Any alien entitled to classification 
under section 201(b)(1)(F) may file a petition 
with the Secretary of Homeland Security for 
such classification.’’. 
(c) AGE-OUT PROTECTIONS.— 
(1) IN GENERAL.—The Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) is amended— 
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252 
(A) in section 101(b) (8 U.S.C. 1101(b)), 
by adding at the end the following: 
‘‘(6) DETERMINATION
OF
CHILD
STATUS.—A 
determination as to whether an alien is a child shall 
be made as follows: 
‘‘(A) IN GENERAL.—For purposes of a pe-
tition under section 204 and any subsequent 
application for an immigrant visa or adjustment 
of status, such determination shall be made 
using the age of the alien on the earlier of— 
‘‘(i) the date on which the petition is 
filed with the Secretary of Homeland Secu-
rity; or 
‘‘(ii) the date on which an application 
for a labor certification under section 
212(a)(5)(A)(i) is filed with the Secretary 
of Labor. 
‘‘(B) CERTAIN
DEPENDENTS
OF
NON-
IMMIGRANTS.—With respect to an alien who, 
for an aggregate period of 8 years before at-
taining the age of 21, was in the status of a de-
pendent child of a nonimmigrant pursuant to a 
lawful admission as an alien eligible to be em-
ployed in the United States (other than a non-
immigrant described in subparagraph (A), (G), 
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253 
(N), or (S) of section 101(a)(15)), notwith-
standing clause (i), the determination of the 
alien’s age shall be based on the date on which 
such initial nonimmigrant employment-based 
petition or application was filed by the alien’s 
nonimmigrant parent. 
‘‘(C) FAILURE
TO
ACQUIRE
STATUS
AS 
ALIEN LAWFULLY ADMITTED FOR PERMANENT 
RESIDENCE.—With respect to an alien who has 
not sought to acquire status as an alien lawfully 
admitted for permanent residence during the 2 
years beginning on the date on which an immi-
grant visa becomes available to such alien, the 
alien’s age shall be determined based on the 
alien’s biological age, unless the failure to seek 
to acquire such status was due to extraordinary 
circumstances.’’; and 
(B) in section 201(f) (8 U.S.C. 1151)— 
(i) by striking the subsection heading 
and all that follows until ‘‘TERMINATION 
DATE’’ in paragraph (3) and inserting 
‘‘RULE
FOR
DETERMINING
WHETHER 
CERTAIN ALIENS ARE IMMEDIATE REL-
ATIVES.—’’; and 
(ii) by striking paragraph (4). 
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254 
(2) EFFECTIVE DATE.— 
(A) IN GENERAL.—The amendments made 
by this subsection shall be effective as if in-
cluded in the Child Status Protection Act (Pub-
lic Law 107–208; 116 Stat. 927). 
(B) MOTION
TO
REOPEN
OR
RECON-
SIDER.— 
(i) IN GENERAL.—A motion to reopen 
or reconsider the denial of a petition or ap-
plication described in the amendment made 
by paragraph (1)(A) may be granted if— 
(I) such petition or application 
would have been approved if the 
amendment described in such para-
graph had been in effect at the time 
of adjudication of the petition or ap-
plication; 
(II) the individual seeking relief 
pursuant to such motion was in the 
United States at the time the under-
lying petition or application was filed; 
and 
(III) such motion is filed with the 
Secretary of Homeland Security or 
the Attorney General not later than 
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255 
the date that is 2 years after the date 
of the enactment of this Act. 
(ii) EXEMPTION
FROM
NUMERICAL 
LIMITATIONS.—Notwithstanding any other 
provision of law, an individual granted re-
lief pursuant to a motion to reopen or re-
consider under clause (i) shall be exempt 
from the numerical limitations in sections 
201, 202, and 203 of the Immigration and 
Nationality Act (8 U.S.C. 1151, 1152, and 
1153). 
(d) NONIMMIGRANT DEPENDENT CHILDREN.—Sec-
tion 214 of the Immigration and Nationality Act (8 U.S.C. 
1184) is amended by adding at the end the following: 
‘‘(s) DERIVATIVE BENEFICIARIES.— 
‘‘(1) IN
GENERAL.—Except as described in 
paragraph (2), the determination as to whether an 
alien who is the derivative beneficiary of a properly 
filed pending or approved immigrant petition under 
section 204 is eligible to be a dependent child shall 
be based on whether the alien is determined to be 
a child under section 101(b)(6). 
‘‘(2) LONG-TERM
DEPENDENTS.—If otherwise 
eligible, an alien who is determined to be a child 
pursuant to section 101(b)(6)(B) may change status 
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256 
to, or extend status as, a dependent child of a non-
immigrant with an approved employment-based peti-
tion under this section or an approved application 
under section 101(a)(15)(E), notwithstanding such 
alien’s marital status. 
‘‘(3) EMPLOYMENT AUTHORIZATION.—An alien 
admitted to the United States as a dependent child 
of a nonimmigrant who is described in this section 
is authorized to engage in employment in the United 
States incident to status.’’. 
(e) PRIORITY DATE RETENTION.—Section 203(h) of 
the Immigration and Nationality Act (8 U.S.C. 1153(h)) 
is amended— 
(1) by striking the subsection heading and in-
serting ‘‘Retention Of Priority Dates’’; 
(2) by striking paragraphs (1) through (4); 
(3) by redesignating paragraph (5) as para-
graph (3); and 
(4) by inserting before paragraph (3) the fol-
lowing: 
‘‘(1) IN GENERAL.—The priority date for an in-
dividual shall be the date on which a petition under 
section 204 is filed with the Secretary of Homeland 
Security or the Secretary of State, as applicable, un-
less such petition was preceded by the filing of a 
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labor certification with the Secretary of Labor, in 
which case the date on which the labor certification 
is filed shall be the priority date. 
‘‘(2) APPLICABILITY.—The principal beneficiary 
and all derivative beneficiaries shall retain the pri-
ority date associated with the earliest of any ap-
proved petition or labor certification, and such pri-
ority date shall be applicable to any subsequently ap-
proved petition.’’. 
TITLE III—EMPLOYMENT AND 
STUDENT VISAS 
SEC. 3301. SPOUSES AND MINOR CHILDREN OF WORKERS. 
Section 201(b)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1151(b)(1)), as amended by this division, 
is further amended by adding at the end the following: 
‘‘(I) Aliens described in section 203(d) if 
accompanying or following to join their spouse 
or parent who has been admitted for lawful per-
manent resident status under section 203(b).’’. 
SEC. 3302. WAGES RECEIVED BY NONRESIDENT ALIEN INDI-
VIDUALS 
DURING 
OPTIONAL 
PRACTICAL 
TRAINING SUBJECT TO SOCIAL SECURITY 
TAXES. 
(a) IN GENERAL.—Section 3121(b)(19) of the Inter-
nal Revenue Code of 1986 is amended by inserting ‘‘(other 
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