an application for adjustment of status under 
this subsection if the alien is otherwise eligible 
for adjustment of status under paragraph (1). 
(B) SEPARATE MOTION NOT REQUIRED.— 
An alien described in subparagraph (A) shall 
not be required, as a condition of submitting or 
granting an application under this subsection, 
to file a separate motion to reopen, reconsider, 
or vacate an order described in subparagraph 
(A). 
(C) 
EFFECT
OF
DECISION
BY
SEC-
RETARY.— 
(i) GRANT.—If the Secretary adjusts 
the status of an alien pursuant to an appli-
cation under this subsection, the Secretary 
shall cancel any order described in sub-
paragraph (A) to which the alien has been 
subject. 
(ii) DENIAL.—If the Secretary makes 
a final decision to deny such application, 
any such order shall be effective and en-
forceable to the same extent that such 
order would be effective and enforceable if 
the application had not been made. 
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(c) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.— 
(1) IN GENERAL.—The benefits provided under 
subsection (b) shall apply to any alien who— 
(A)(i) is a national of Venezuela; 
(ii) entered the United States before or on 
December 31, 2021; and 
(iii) has been continuously physically 
present in the United States for not less than 
1 year as of the date on which the alien submits 
an application under such subsection (b); or 
(B) is the spouse, child, or unmarried son 
or daughter of an alien described in subpara-
graph (A). 
(2) DETERMINATION
OF
CONTINUOUS
PHYS-
ICAL PRESENCE.—For purposes of establishing the 
period of continuous physical presence referred to in 
paragraph (1)(A)(ii), an alien shall not be consid-
ered to have failed to maintain continuous physical 
presence based on one or more absences from the 
United States for one or more periods amounting, in 
the aggregate, to not more than 180 days. 
(d) STAY OF REMOVAL.— 
(1) IN GENERAL.—The Secretary shall promul-
gate regulations establishing procedures by which an 
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alien who is subject to a final order of deportation, 
removal, or exclusion, may seek a stay of such order 
based on the filing of an application under sub-
section (b). 
(2) DURING CERTAIN PROCEEDINGS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), notwithstanding any provi-
sion of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.), the Secretary may not 
order an alien to be removed from the United 
States if the alien— 
(i) is in exclusion, deportation, or re-
moval proceedings under any provision of 
such Act; and 
(ii) has submitted an application for 
adjustment of status under subsection (b). 
(B) 
EXCEPTION.—The 
Secretary 
may 
order an alien described in subparagraph (A) to 
be removed from the United States if the Sec-
retary has made a final determination to deny 
the application for adjustment of status under 
subsection (b) of the alien. 
(3) WORK AUTHORIZATION.— 
(A) IN GENERAL.—The Secretary may— 
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(i) authorize an alien who has applied 
for adjustment of status under subsection 
(b) to engage in employment in the United 
States during the period in which a deter-
mination on such application is pending; 
and 
(ii) provide such alien with an ‘‘em-
ployment 
authorized’’ 
endorsement 
or 
other appropriate document signifying au-
thorization of employment. 
(B) PENDING APPLICATIONS.—If an appli-
cation for adjustment of status under sub-
section (b) is pending for a period exceeding 
180 days and has not been denied, the Sec-
retary shall authorize employment for the appli-
cable alien. 
(e) RECORD OF PERMANENT RESIDENCE.—On the 
approval of an application for adjustment of status under 
subsection (b) of an alien, the Secretary shall establish 
a record of admission for permanent residence for the 
alien as of the date of the arrival of the alien in the United 
States. 
(f) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 
The Secretary shall provide applicants for adjustment of 
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status under subsection (b) with the same right to, and 
procedures for, administrative review as are provided to— 
(1) applicants for adjustment of status under 
section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255); and 
(2) aliens subject to removal proceedings under 
section 240 of such Act (8 U.S.C. 1229a). 
(g) LIMITATION ON JUDICIAL REVIEW.— 
(1) IN GENERAL.—A determination by the Sec-
retary with respect to the adjustment of status of 
any alien under this section is final and shall not be 
subject to review by any court. 
(2) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1) shall be construed to preclude the re-
view of a constitutional claim or a question of law 
under section 704 of title 5, United States Code, 
with respect to a denial of adjustment of status 
under this section. 
(h) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 
The Secretary of State shall not be required to reduce the 
number of immigrant visas authorized to be issued under 
any provision of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) to offset the adjustment of status 
of an alien who has been lawfully admitted for permanent 
residence pursuant to this section. 
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(i) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.— 
(1) SAVINGS PROVISION.—Nothing in this Act 
may be construed to repeal, amend, alter, modify, ef-
fect, or restrict the powers, duties, function, or au-
thority of the Secretary in the administration and 
enforcement of the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.) or any other law relating to 
immigration, nationality, or naturalization. 
(2) EFFECT OF ELIGIBILITY FOR ADJUSTMENT 
OF STATUS.—The eligibility of an alien to be law-
fully admitted for permanent residence under this 
section shall not preclude the alien from seeking any 
status under any other provision of law for which 
the alien may otherwise be eligible. 
Æ 
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