(A) IN
GENERAL.—Not later than 180 
days after the date on which the Task Force is 
established, the Task Force, acting through the 
chair of the Task Force, shall submit a report 
to the appropriate committees of Congress that 
includes— 
(i) a strategy for facilitating the reset-
tlement of nationals of Afghanistan outside 
the United States who, during the period 
beginning on October 1, 2001, and ending 
on September 1, 2021, directly and person-
ally supported the United States mission in 
Afghanistan, as determined by the Sec-
retary of State in consultation with the 
Secretary of Defense; and 
(ii) a contingency plan for future 
emergency operations in foreign countries 
involving 
foreign 
nationals 
who 
have 
worked directly with the United States 
Government, including the Armed Forces 
of the United States and United States in-
telligence agencies. 
(B) 
ELEMENTS.—The 
report 
required 
under subparagraph (A) shall include— 
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(i) the total number of nationals of 
Afghanistan who have pending specified 
applications, disaggregated by— 
(I) such nationals in Afghanistan 
and such nationals in a third country; 
(II) type of specified application; 
and 
(III) 
applications 
that 
are 
documentarily complete and applica-
tions that are not documentarily com-
plete; 
(ii) an estimate of the number of na-
tionals of Afghanistan who may be eligible 
for special immigrant status under section 
7 or an amendment made by such section; 
(iii) with respect to the strategy re-
quired under subparagraph (A)(i)— 
(I) the estimated number of na-
tionals of Afghanistan described in 
such subparagraph; 
(II) a description of the process 
for safely resettling such nationals; 
(III) a plan for processing such 
nationals of Afghanistan for admis-
sion to the United States, that— 
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(aa) discusses the feasibility 
of remote processing for such na-
tionals of Afghanistan residing in 
Afghanistan; 
(bb) includes any strategy 
for facilitating refugee and con-
sular processing for such nation-
als of Afghanistan in third coun-
tries, and the timelines for such 
processing; 
(cc) includes a plan for con-
ducting rigorous and efficient 
vetting of all such nationals of 
Afghanistan for processing; 
(dd) discusses the avail-
ability and capacity of sites in 
third countries to process appli-
cations and conduct any required 
vetting for such nationals of Af-
ghanistan, including the potential 
to establish additional sites; and 
(ee) includes a plan for pro-
viding updates and necessary in-
formation to affected individuals 
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and relevant nongovernmental or-
ganizations; 
(IV) a description of consider-
ations, including resource constraints, 
security concerns, missing or inac-
curate information, and diplomatic 
considerations, that limit the ability of 
the Secretary of State or the Sec-
retary of Homeland Security to in-
crease the number of such nationals 
of Afghanistan who can be safely 
processed or resettled; 
(V) an identification of any re-
source or additional authority nec-
essary to increase the number of such 
nationals of Afghanistan who can be 
processed or resettled; 
(VI) an estimate of the cost to 
fully implement the strategy; and 
(VII) any other matter the Task 
Force considers relevant to the imple-
mentation of the strategy; and 
(iv) with respect to the contingency 
plan required by subparagraph (A)(ii)— 
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(I) a description of the standard 
practices for screening and vetting 
foreign nationals considered to be eli-
gible for resettlement in the United 
States, including a strategy for vet-
ting, and maintaining the records of, 
such foreign nationals who are unable 
to provide identification documents or 
biographic details due to emergency 
circumstances; 
(II) a strategy for facilitating ref-
ugee or consular processing for such 
foreign nationals in third countries; 
(III) clear guidance with respect 
to which Federal agency has the au-
thority and responsibility to coordi-
nate Federal resettlement efforts; 
(IV) a description of any re-
source or additional authority nec-
essary to coordinate Federal resettle-
ment efforts, including the need for a 
contingency fund; and 
(V) any other matter the Task 
Force considers relevant to the imple-
mentation of the contingency plan. 
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(C) FORM.—The report required under 
subparagraph (A) shall be submitted in unclas-
sified form, but may include a classified annex. 
(2) BRIEFING.—Not later than 60 days after 
submitting the report required by paragraph (1), the 
Task Force shall brief the appropriate committees of 
Congress on the contents of the report. 
(e) TERMINATION.—The Task Force shall remain in 
effect until the earlier of— 
(1) the date on which the strategy required 
under subsection (d)(1)(A)(i) has been fully imple-
mented; or 
(2) the date that is 10 years after the date of 
the enactment of this Act. 
SEC. 6. ADJUSTMENT OF STATUS FOR ELIGIBLE INDIVID-
UALS. 
(a) DEFINED TERM.—In this section, the term ‘‘eligi-
ble individual’’ means an alien who— 
(1) is present in the United States— 
(2) is a citizen or national of Afghanistan or, 
in the case of an alien having no nationality, is a 
person who last habitually resided in Afghanistan; 
and 
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(3)(A) was inspected and admitted to the 
United States on or before the date of the enact-
ment of this Act; 
(B) was paroled into the United States during 
the period beginning on July 30, 2021, and ending 
on the date of the enactment of this Act, provided 
that such parole has not been terminated by the Sec-
retary of Homeland Security upon written notice; or 
(C)(i) was admitted or paroled into the United 
States after the date of the enactment of this Act; 
and 
(ii) has been determined by the Secretary of 
Homeland Security, in cooperation with the Sec-
retary of Defense and other Federal agency part-
ners, to have directly and personally supported the 
United States mission in Afghanistan, to an extent 
considered comparable to the support provided by in-
dividuals who have received Chief of Mission ap-
proval as part of their application for special immi-
grant status. 
(b) ADJUSTMENT OF STATUS.—Notwithstanding any 
other provision of law, the Secretary of Homeland Security 
shall adjust the status of an eligible individual to the sta-
tus of an alien lawfully admitted for permanent residence 
if— 
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(1) the eligible individual— 
(A) submits an application for adjustment 
of status in accordance with procedures estab-
lished by the Secretary; and 
(B) meets the requirements of this section; 
and 
(2) 
the 
Secretary 
determines, 
in 
the 
unreviewable discretion of the Secretary, that the 
adjustment of status of the eligible individual is not 
contrary to the national interest, public safety, or 
national security of the United States. 
(c) ADMISSIBILITY.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the provisions of section 209(c) of the Immigration 
and Nationality Act (8 U.S.C. 1159(c)) (relating to 
the admissibility of refugees seeking adjustment of 
status) shall apply to applicants for adjustment of 
status under this section. 
(2) ADDITIONAL
LIMITATIONS
ON
ADMISSI-
BILITY.—The Secretary of Homeland Security may 
not waive under section 209(c) of the Immigration 
and Nationality Act (8 U.S.C. 1159(c))— 
(A) any ground of inadmissibility under 
paragraph (3) of section 212(a) of the Immi-
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gration and Nationality Act (8 U.S.C. 1182(a)); 
or 
(B) any applicable ground of inadmis-
sibility under paragraph (2) of that section that 
arises due to criminal conduct that was com-
mitted in the United States on or after July 30, 
2021. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to limit any other waiv-
er authority applicable under the immigration laws 
to an applicant for adjustment of status. 
(d) INTERVIEW AND VETTING REQUIREMENTS.— 
(1) REQUIREMENTS FOR IN-PERSON INTERVIEW 
AND VETTING.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Homeland Security, in consultation with the 
Secretary of Defense and, as appropriate, the 
Attorney General, shall establish vetting re-
quirements for applicants seeking adjustment of 
status under this section that are equivalent in 
rigor to the vetting requirements for refugees 
admitted to the United States through the 
United States Refugee Admissions Program by 
conducting— 
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(i) an in-person interview (except in 
the case of a child who was younger than 
10 years of age at the time of admission 
or parole); 
(ii) biometric and biographic screening 
to identify any derogatory information as-
sociated with applicants; 
(iii) a review and analysis of the data 
holdings of the Department of Defense, the 
Department of Homeland Security, and 
other cooperating interagency partners, in-
cluding biographic and biometric records, 
iris scans, fingerprints, voice biometric in-
formation, hand geometry biometrics, and 
other identifiable information; and 
(iv) a review of the information re-
quired to be collected under paragraph (2). 
(B) CLEARANCE
OF
VETTING
REQUIRE-
MENTS.— 
(i) IN
GENERAL.—The Secretary of 
Homeland Security may not adjust the sta-
tus of an eligible individual to that of an 
alien lawfully admitted for permanent resi-
dence under this section until— 
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(I) the vetting requirements de-
scribed in subparagraph (A) have 
been implemented; and 
(II) the eligible individual clears 
the vetting requirements established 
under subparagraph (A). 
(ii) PRIORITIZATION.—The Secretary 
of Homeland Security shall prioritize the 
vetting of applicants under this paragraph 
in a manner that best ensures national se-
curity. 
(iii) PREVIOUS
VETTING.—The Sec-
retary of Homeland Security shall conduct 
the vetting requirements established under 
subparagraph (A) with respect to each ap-
plicant for adjustment of status under this 
section regardless of whether the applicant 
has undergone previous vetting. 
(C) INTERVIEW AT PORT OF ENTRY.—An 
interview of an individual by a U.S. Customs 
and Border Protection official at a port of entry 
shall not be considered to satisfy the in-person 
interview 
requirement 
under 
subparagraph 
(A)(i). 
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(D) RULE OF CONSTRUCTION.—Nothing in 
this paragraph may be construed to require, as 
part of the vetting requirements under this sub-
section, that the Secretary of Homeland Secu-
rity collect from an applicant any biometric in-
formation that the Department of Homeland 
Security already has on file. 
(2) VETTING DATABASE REQUIREMENT.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Homeland Security, in consultation with the 
Secretary of Defense and, as appropriate, part-
ners in the intelligence community (including 
officials of the Department of State, the Fed-
eral Bureau of Investigation, and the National 
Counterterrorism 
Center), 
shall 
maintain 
records that contain, for each applicant under 
this section for the duration of the pendency of 
their application for adjustment of status— 
(i) personal biographic information, 
including name and date of birth; 
(ii) biometric information, including, 
where available, iris scans, photographs, 
and fingerprints; and 
(iii) the results of all vetting by the 
United States Government to which the 
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applicant has submitted, including whether 
the individual has undergone an in-person 
vetting interview, and any recurrent vet-
ting. 
(B) INFORMATION SHARING.—In response 
to a request from the Secretary of Homeland 
Security, in accordance with subparagraph (A), 
Federal agencies shall share information to the 
extent authorized by law. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to limit the authority 
of the Secretary of Homeland Security to maintain 
records under any other law. 
(e) RECORD OF ADMISSION.— 
(1) PRIORITY
FOR
THOSE
WHO
SUPPORTED 
THE UNITED STATES MISSION IN AFGHANISTAN.— 
Upon the approval of an application for adjustment 
of status under this section submitted by an appli-
cant (and the spouse and child of an applicant, if 
otherwise eligible for adjustment of status under this 
section) who submits documentation establishing 
that the applicant has received Chief of Mission ap-
proval as part of their application for special immi-
grant status, the Secretary of Homeland Security 
shall create a record of the alien’s admission as a 
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lawful permanent resident as of the date on which 
the alien was inspected and admitted or paroled into 
the United States. 
(2) OTHER APPLICANTS.—Upon the approval of 
an application for adjustment of status under this 
section submitted by an applicant other than an ap-
plicant described in paragraph (1), the Secretary of 
Homeland Security shall create a record of the 
alien’s admission as a lawful permanent resident as 
of the date on which the alien’s application for ad-
justment of status under this section was approved. 
(f) DEADLINE FOR APPLICATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an individual described in subsection (a) 
may only adjust status under this section if the indi-
vidual submits an application for adjustment of sta-
tus not later than the later of— 
(A) the date that is 2 years after the date 
on which final guidance described in subsection 
(i)(2) is published; or 
(B) the date that is 2 years after the date 
on which such individual becomes eligible to 
apply for adjustment of status under this sec-
tion. 
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(2) EXCEPTION.—An application under this 
section may be considered after the applicable date 
described in paragraph (1), if the applicant dem-
onstrates to the satisfaction of the Secretary of 
Homeland Security the existence of extraordinary 
circumstances relating to the delay in submission of 
the application. 
(g) PROHIBITION ON FURTHER AUTHORIZATION OF 
PAROLE.—An individual described in subsection (a) who 
was paroled into the United States shall not be authorized 
for an additional period of parole if such individual fails 
to submit an application for adjustment of status by the 
deadline described in subsection (f). 
(h) 
EMPLOYMENT
AUTHORIZATION.—Notwith-
standing any other provision of law, the Secretary of 
Homeland Security may extend the period of employment 
authorization provided to an individual described in sub-
paragraph (A) or (B) of subsection (a)(2) to the extent 
that the individual has been granted any additional period 
of parole. 
(i) IMPLEMENTATION.— 
(1) INTERIM GUIDANCE.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act, the 
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Secretary of Homeland Security shall issue 
guidance implementing this section. 
(B) PUBLICATION.—Notwithstanding sec-
tion 553 of title 5, United States Code, guid-
ance issued pursuant to subparagraph (A)— 
(i) may be published on the internet 
website of the Department of Homeland 
Security; and 
(ii) shall be effective on an interim 
basis immediately upon such publication, 
but may be subject to change and revision 
after notice and an opportunity for public 
comment. 
(2) FINAL GUIDANCE.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of the enactment of this Act, the 
Secretary of Homeland Security shall finalize 
the guidance implementing this section. 
(B) EXEMPTION FROM THE ADMINISTRA-
TIVE PROCEDURES ACT.—Chapter 5 of title 5, 
United States Code (commonly known as the 
‘‘Administrative Procedures Act’’) shall not 
apply to the guidance issued under this para-
graph. 
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(j) ADMINISTRATIVE REVIEW.—The Secretary of 
Homeland Security shall provide applicants for adjust-
ment of status under this section with the same right to, 
and procedures for, administrative review as are provided 
to applicants for adjustment of status under section 245 
of the Immigration and Nationality Act (8 U.S.C. 1255). 
(k) PROHIBITION
ON
FEES.—The Secretary of 
Homeland Security may not charge a fee to any eligible 
individual in connection with— 
(1) an application for adjustment of status or 
employment authorization under this section; or 
(2) the initial issuance of a permanent resident 
card or an employment authorization document 
under this section. 
(l) PENDING APPLICATIONS.— 
(1) IN GENERAL.—During the period beginning 
on the date on which an alien files a bona fide appli-
cation for adjustment of status under this section 
and ending on the date on which the Secretary of 
Homeland Security makes a final administrative de-
cision regarding such application, an applicant in-
cluded in such application who remains in compli-
ance with all application requirements may not be— 
(A) removed from the United States unless 
the Secretary of Homeland Security makes a 
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prima facie determination that the alien is, or 
has become, ineligible for adjustment of status 
under this section; 
(B) considered unlawfully present under 
section 212(a)(9)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(9)(B)); or 
(C) considered an unauthorized alien (as 
defined in section 274A(h)(3) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(h)(3))) if the alien has applied for and 
has been issued an employment authorization 
document. 
(2) EFFECT ON OTHER APPLICATIONS.—Not-
withstanding any other provision of law, in the inter-
est of efficiency, the Secretary of Homeland Security 
may pause consideration of any other application for 
immigration benefits pending adjudication so as to 
prioritize an application for adjustment of status 
pursuant to this Act. 
(m) ELIGIBILITY FOR BENEFITS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law— 
(A) an individual described in subsection 
(a) of section 2502 of the Afghanistan Supple-
mental Appropriations Act, 2022 (8 U.S.C. 
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1101 note, Public Law 117–43) shall retain his 
or her eligibility for the benefits and services 
described in subsection (b) of such section if the 
individual has a pending application under this 
section or is granted adjustment of status 
under this section; and 
(B) such benefits and services shall remain 
available to the individual to the same extent 
and for the same periods of time as such bene-
fits and services are otherwise available to refu-
gees who acquire such status. 
(2) EXCEPTION FROM FIVE-YEAR LIMITED ELI-
GIBILITY FOR MEANS-TESTED PUBLIC BENEFITS.— 
Section 403(b)(1) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1613(b)(1)) is amended by adding at the end 
the following: 
‘‘(F) An alien who status is adjusted to 
that of an alien lawfully admitted for perma-
nent residence under section 6 of the Afghan 
Adjustment Act.’’. 
(n) PARENTS AND LEGAL GUARDIANS OF UNACCOM-
PANIED CHILDREN.—A parent or legal guardian of an eli-
gible individual shall be eligible for adjustment of status 
under this section if— 
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(1) the eligible individual was under 18 years of 
age on the date on which the eligible individual was 
admitted or paroled into the United States; and 
(2) such parent or legal guardian was paroled 
into or admitted to the United States after the date 
referred to in paragraph (1). 
(o) EXEMPTION FROM NUMERICAL LIMITATIONS.— 
(1) IN GENERAL.—Aliens granted adjustment 
of status under this section shall not be subject to 
the numerical limitations under sections 201, 202, 
and 203 of the Immigration and Nationality Act (8 
U.S.C. 1151, 1152, and 1153). 
(2) SPOUSE AND CHILDREN BENEFICIARIES.— 
A spouse or child who is the beneficiary of an immi-
grant petition under section 204 of the Immigration 
and Nationality Act (8 U.S.C. 1154) filed by an 
alien who has been granted adjustment of status 
under this section, seeking classification of the 
spouse or child under section 203(a)(2)(A) of that 
Act (8 U.S.C. 1153(a)(2)(A)) shall not be subject to 
the numerical limitations under sections 201, 202, 
and 203 of the Immigration and Nationality Act (8 
U.S.C. 1151, 1152, and 1153). 
(p) NOTIFICATION OF ELIGIBLE INDIVIDUALS.—The 
Secretary of Homeland Security shall make reasonable ef-
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forts to notify eligible individuals, including eligible indi-
viduals who independently departed United States Govern-
ment facilities, with respect to— 
(1) the requirements for applying to adjust sta-
tus under this section; 
(2) the deadline for submitting an application; 
and 
(3) the consequences under subsection (g) for 
failing to apply for adjustment of status. 
(q) REPORTING REQUIREMENTS.— 
(1) REPORT AND CONSULTATION ON VETTING 
REQUIREMENTS.— 
(A) INITIAL
CONGRESSIONAL
CONSULTA-
TION
ON
VETTING.—Not later than 90 days 
after the date of the enactment of this Act, the 
Secretary of Homeland Security and the Sec-
retary of Defense shall jointly inform and con-
sult with the appropriate committees of Con-
gress, in a classified or unclassified setting, 
with respect to the vetting requirements for ap-
plicants seeking adjustment of status under this 
section, including the nature of the interview 
and biometric and biographical screening proc-
esses required for such applicants and the 
amount of time needed by the agencies to set 
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up the procedures and database required by 
this section. 
(B) SECOND CONGRESSIONAL CONSULTA-
TION ON VETTING.—Not later than the earlier 
of the date that is 180 days after the date of 
the enactment of this Act or the date on which 
the Secretary of Homeland Security begins ac-
cepting applications for adjustment of status 
under this Act, the Secretary shall provide to 
the appropriate committees of Congress with a 
second consultation on— 
(i) the status of the vetting under this 
section, including the steps the Secretary 
has taken to respond to feedback provided 
during the initial consultation under sub-
paragraph (A); and 
(ii) the progress of the Secretary to-
ward fully setting up the procedures and 
database required by this section. 
(2) BRIEFING.— 
(A) IN GENERAL.—Not later than 1 year 
after the application deadline under subsection 
(f)(1)(A), the Secretary of Homeland Security 
shall provide the appropriate committees of 
Congress with a briefing on the status of the 
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vetting under this section of eligible individuals, 
including a plan for addressing any identified 
security concerns. 
(B) ELEMENT.—The briefing required by 
subparagraph (A) shall include information on 
individuals who are eligible for adjustment of 
status under this section but did not— 
(i) submit an application for adjust-
ment of status under this section; or 
(ii) meet the requirements of sub-
section (f)(2). 
(3) INFORMATION
REQUEST
BY
MEMBER
OF 
CONGRESS.—Upon request by a Member of Congress 
on behalf of an applicant or by any of the appro-
priate committees of Congress, the Secretary of 
Homeland Security shall provide, in a classified or 
an unclassified setting, as appropriate, the basis for 
an exercise of discretion under subsection (b)(2) that 
resulted in the denial of an application for adjust-
ment of status. 
(r) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to preclude an eligible individual 
from applying for or receiving any immigration benefit to 
which the eligible individual is otherwise entitled. 
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(s) AUTHORIZATION FOR APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary of Home-
land Security $20,000,000 for each of the fiscal years 
2023 through 2027 to carry out this section. 
SEC. 7. NEW CATEGORY OF SPECIAL IMMIGRANT VISAS 
FOR AT-RISK AFGHAN ALLIES AND REL-
ATIVES 
OF 
CERTAIN 
MEMBERS 
OF 
THE 
ARMED FORCES. 
(a) AT-RISK AFGHAN ALLIES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, or, notwithstanding any other provision of 
law, the Secretary of State may provide an alien de-
scribed in paragraph (2) (and the spouse and chil-
dren of the alien if accompanying or following to 
join the alien) with the status of a special immigrant 
under section 101(a)(27) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(27)) if— 
(A) the alien or an agent acting on behalf 
of the alien submits a request for a rec-
ommendation under paragraph (3); 
(B) the alien is otherwise admissible to the 
United States and eligible for lawful permanent 
residence (excluding the grounds of inadmis-
sibility under section 212(a)(4) of such Act (8 
U.S.C. 1182(a)(4))); and 
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(aa) a cadet or instructor at 
the Afghanistan National De-
fense University; and 
(bb) a civilian employee of 
the Ministry of Defense or the 
Ministry of Interior Affairs; 
(III) an individual associated 
with former Afghan military and po-
lice human intelligence activities, in-
cluding operators and Department of 
Defense sources; 
(IV) an individual associated with 
former Afghan military counterintel-
ligence; 
(V) an individual associated with 
the former Afghan Ministry of De-
fense who was involved in the prosecu-
tion and detention of combatants; or 
(VI) a senior military officer, 
senior enlisted personnel, or civilian 
official who served on the staff of the 
former Ministry of Defense or the 
former Ministry of Interior Affairs of 
Afghanistan; 
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(3) DEPARTMENT OF DEFENSE RECOMMENDA-
TION.— 
(A) IN GENERAL.—With respect to each 
principal applicant under this section, as soon 
as practicable after receiving a request for a 
recommendation, the Secretary of Defense 
shall— 
(i) review— 
(I)(aa) the service record of the 
principal applicant, if available; or 
(bb) if the principal applicant 
provides a service record, any infor-
mation that helps verify the service 
record concerned; and 
(II) the data holdings of the De-
partment of Defense and other co-
operating interagency partners, in-
cluding 
biographic 
and 
biometric 
records, iris scans, fingerprints, voice 
biometric information, hand geometry 
biometrics, other identifiable informa-
tion, and any other information re-
lated to the applicant, including rel-
evant derogatory information; 
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(ii) submit a positive or negative rec-
ommendation to the Secretary of State or 
the Secretary of Homeland Security as to 
whether the principal applicant meets the 
requirements under paragraph (2) without 
significant derogatory information; and 
(iii) submit with such recommenda-
tion— 
(I)(aa) any service record con-
cerned, if available; or 
(bb) if the principal applicant 
provides a service record, any infor-
mation that helps verify the service 
record concerned; and 
(II) any biometrics for the prin-
cipal applicant that have been col-
lected by the Department of Defense. 
(B) EFFECT OF NO AVAILABLE SERVICE 
RECORDS.—If no service records are available 
for a principal applicant, the Secretary of De-
fense may review any referral from a former or 
current official of the Department of Defense 
who has knowledge of the principal applicant’s 
service as described in paragraph (2)(A)(ii). 
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(C) 
PERSONNEL
TO
SUPPORT
REC-
OMMENDATIONS.—Any limitation in law on the 
number of personnel within the Office of the 
Secretary of Defense, the military departments, 
or the defense agencies shall not apply to per-
sonnel employed for the primary purpose of car-
rying out this paragraph. 
(D) REVIEW PROCESS FOR NEGATIVE DE-
PARTMENT OF DEFENSE RECOMMENDATION.— 
(i) IN GENERAL.—An applicant who 
has a negative recommendation from the 
Department of Defense, as described in 
subparagraph (A)(ii), or with derogatory 
information shall— 
(I) receive a written notice of 
negative recommendation from the 
Secretary of Defense that provides, to 
the maximum extent practicable, in-
formation describing the basis for the 
negative recommendation, including 
the facts and inferences, or evi-
dentiary gaps, underlying the indi-
vidual determination; and 
(II) be provided not more than 1 
written appeal to the Secretary of De-
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fense for each such negative rec-
ommendation. 
(ii) DEADLINE FOR APPEAL.—An ap-
peal under subclause (II) of clause (i) shall 
be submitted not more than 120 days after 
the date on which the applicant concerned 
receives a decision under subclause (I) of 
that clause, or thereafter at the discretion 
of the Secretary of Defense or the Sec-
retary of Homeland Security. 
(iii) REQUEST TO REOPEN.— 
(I) IN GENERAL.—An applicant 
who receives a negative recommenda-
tion under clause (i) may submit a re-
quest for a Department of Defense 
recommendation so that the applicant 
may provide additional information, 
clarify existing information, or explain 
any unfavorable information. 
(II) LIMITATION.—After consid-
ering 1 such request to reopen from 
an applicant, the Secretary of Defense 
may deny subsequent requests to re-
open submitted by the same applicant. 
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(b) SPECIAL IMMIGRANT VISAS FOR CERTAIN REL-
ATIVES
OF
CERTAIN
MEMBERS
OF
THE
ARMED 
FORCES.—Section 101(a)(27) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(27)) is amended— 
(1) in subparagraph (L)(iii), by adding a semi-
colon at the end; 
(2) in subparagraph (M), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(N) a citizen or national of Afghanistan 
who is the parent or brother or sister of— 
‘‘(i) a member of the armed forces (as 
defined in section 101(a) of title 10, 
United States Code); or 
‘‘(ii) a veteran (as defined in section 
101 of title 38, United States Code).’’. 
(c) GENERAL PROVISIONS.— 
(1) PROHIBITION ON FEES.—The Secretary of 
Homeland Security, the Secretary of Defense, or the 
Secretary of State may not charge any fee in con-
nection with an application for, or issuance of, a 
special immigrant visa or special immigrant status 
under— 
(A) this section or an amendment made by 
this section; 
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(B) section 602 of the Afghan Allies Pro-
tection Act of 2009 ( 8 U.S.C. 1101 note; Pub-
lic Law 111–8); or 
(C) section 1059 of the National Defense 
Authorization Act for Fiscal Year 2006 (8 
U.S.C. 1101 note; Public Law 109–163). 
(2) REPRESENTATION.—An alien applying for 
admission to the United States under this section, or 
an amendment made by this section, may be rep-
resented during the application process, including at 
relevant interviews and examinations, by an attorney 
or other accredited representative. Such representa-
tion shall not be at the expense of the United States 
Government. 
(3) NUMERICAL LIMITATIONS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (C), the total number of principal aliens 
who may be provided special immigrant visas 
under this section may not exceed 11,500 each 
fiscal year. 
(B) CARRYOVER.—If the numerical limita-
tion specified in subparagraph (A) is not 
reached during a given fiscal year, the numer-
ical limitation specified in such subparagraph 
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for the following fiscal year shall be increased 
by a number equal to the difference between— 
(i) the numerical limitation specified 
in subparagraph (A) for the given fiscal 
year; and 
(ii) the number of principal aliens pro-
vided special immigrant visas under this 
section during the given fiscal year. 
(C) MAXIMUM
NUMBER
OF
VISAS.—The 
total number of principal aliens who may be 
provided special immigrant visas under this sec-
tion shall not exceed 34,500. 
(D) DURATION OF AUTHORITY.—The au-
thority to issue visas under this section shall— 
(i) commence on the date of the en-
actment of this Act; and 
(ii) terminate on the date on which all 
such visas are exhausted. 
(4) EXCLUSION
FROM
NUMERICAL
LIMITA-
TIONS.—Aliens provided special immigrant visas 
under this section, or an amendment made by this 
section, shall not be counted against any numerical 
limitation 
under 
sections 
201(d), 
202(a), 
or 
203(b)(4) of the Immigration and Nationality Act (8 
U.S.C. 1151(d), 1152(a), and 1153(b)(4)) or section 
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602 of the Afghan Allies Protection Act of 2009 (8 
U.S.C. 1101 note; Public Law 111–8). 
(5) ORDER
OF
CONSIDERATION.—Immigrant 
visas shall be made available under this section to el-
igible immigrants in the order in which the Sec-
retary of Defense has issued a recommendation 
under subsection (a)(3), subject to the requirements 
of the adjudication process. 
(6) PROTECTION OF ALIENS.—The Secretary of 
State, in consultation with the heads of other appro-
priate Federal agencies, shall make a reasonable ef-
fort to provide an alien who is seeking status as a 
special immigrant under this section, or an amend-
ment made by this section, protection or to imme-
diately remove such alien from Afghanistan, if pos-
sible. 
(7) OTHER ELIGIBILITY FOR IMMIGRANT STA-
TUS.—No alien shall be denied the opportunity to 
apply for admission under this section, or an amend-
ment made by this section, solely because the alien 
qualifies as an immediate relative or is eligible for 
any other immigrant classification. 
(8) RESETTLEMENT
SUPPORT.—A citizen or 
national of Afghanistan who is admitted to the 
United States as a special immigrant under this sec-
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tion or an amendment made by this section shall be 
eligible for resettlement assistance, entitlement pro-
grams, and other benefits available to refugees ad-
mitted under section 207 of such Act (8 U.S.C. 
1157) to the same extent, and for the same periods 
of time, as such refugees. 
(9) 
ADJUSTMENT
OF
STATUS.—Notwith-
standing paragraph (2), (7), or (8) of subsection (c) 
of section 245 of the Immigration and Nationality 
Act (8 U.S.C. 1255), the Secretary of Homeland Se-
curity may adjust the status of an alien described in 
subparagraph (N) of section 101(a)(27) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(27)) or subsection (a)(2) of this section to 
that of an alien lawfully admitted for permanent res-
idence under subsection (a) of such section 245 if 
the alien— 
(A) was paroled or admitted as a non-
immigrant into the United States; and 
(B) is otherwise eligible for status as a 
special immigrant under— 
(i) this section; or 
(ii) the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.). 
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(10) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary of Homeland Security, the Secretary of State, 
the Secretary of Defense, and the Secretary of 
Health and Human Services such sums as are nec-
essary for each of the fiscal years 2023 through 
2033 to carry out this section and the amendments 
made by this section. 
SEC. 8. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN 
THE UNITED STATES. 
Notwithstanding any other provision of law, during 
Operation Allies Welcome, Enduring Welcome, and any 
successor operation, the Secretary of Homeland Security 
and the Secretary of State may waive any fee or surcharge 
or exempt individuals from the payment of any fee or sur-
charge collected by the Department of Homeland Security 
and the Department of State, respectively, in connection 
with a petition or application for, or issuance of, an immi-
grant visa to a national of Afghanistan under section 
201(b)(2)(A)(i) or 203(a) of the Immigration and Nation-
ality Act, 8 U.S.C. 1101(b)(2)(A)(i) and 1153(a), respec-
tively. 
SEC. 9. SEVERABILITY. 
If any provision of this Act, or the application of such 
provision to any person or circumstance, is held to be un-
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constitutional, the remainder of this Act, and the applica-
tion of the remaining provisions of this Act to any person 
or circumstance, shall not be affected. 
SEC. 10. DATE LIMITATION. 
The Secretary of Homeland Security may not grant 
an application for adjustment of status under section 6 
or an application for special immigrant status under sec-
tion 7, or an amendment made by section 7, before the 
Secretary has implemented the vetting procedures re-
quired by this Act, and in no event before January 1, 
2024. 
Æ 
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