(5) has been employed for a cumulative period 
of one hundred days (consecutive or not) at any 
time, in a covered profession; and 
(6) is not inadmissible under paragraph (1), 
(6)(E), (6)(G), (8), or (10) of section 212(a) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)), except that with respect to any benefit 
under this Act, and in addition to the waivers under 
subsection (g), the Secretary may waive the grounds 
of inadmissibility under paragraph (1), (6)(E), 
(6)(G), or (10)(D) of section 212(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)) for hu-
manitarian purposes, for family unity, or because 
the waiver is otherwise in the public interest; 
(d) CONDITIONS OF STATUS.—An alien granted con-
ditional lawful permanent resident status under this sec-
tion shall conform to the following requirements: 
(1) The alien shall remain continuously phys-
ically present in the United States. 
(2) The alien shall maintain not less than one 
hundred cumulative days of annual employment for 
two consecutive years in a covered profession. 
(3) The alien shall be subject to all grounds of 
deportability under section 237. 
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(e) ADJUSTMENT OF STATUS.—At the time that the 
conditional lawful permanent resident status of an alien 
terminates, the Secretary shall immediately adjust the sta-
tus of that alien to that of a lawful permanent resident— 
(1) unless the alien makes a timely objection in 
writing; and 
(2) if the alien pays such fee as the Secretary 
may establish and passes an additional background 
investigation. 
(f) NOT SUBJECT TO NUMERICAL LIMITATIONS.—An 
alien whose status is adjusted to that of an alien lawfully 
admitted for permanent residency under this section is not 
subject to the worldwide levels or numerical limitations of 
section 201(a) of the Immigration and Nationality Act. 
(g) CRIMINAL AND NATIONAL SECURITY BARS.— 
(1) GROUNDS
OF
INELIGIBILITY.—Except as 
provided in paragraph (2), an alien is ineligible for 
adjustment of status under this title if any of the 
following apply: 
(A) The alien is inadmissible under para-
graph (2) or (3) of section 212(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)). 
(B) Excluding any offense under State law 
for which an essential element is the alien’s im-
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migration status, and any minor traffic offense, 
the alien has been convicted of— 
(i) any felony offense; 
(ii) three or more misdemeanor of-
fenses (excluding simple possession of can-
nabis or cannabis-related paraphernalia, 
any offense involving cannabis or cannabis- 
related paraphernalia which is no longer 
prosecutable in the State in which the con-
viction was entered, and any offense involv-
ing civil disobedience without violence) not 
occurring on the same date, and not aris-
ing out of the same act, omission, or 
scheme of misconduct; or 
(iii) a misdemeanor offense of domes-
tic violence, unless the alien demonstrates 
that such crime is related to the alien hav-
ing been— 
(I) a victim of domestic violence, 
sexual assault, stalking, child abuse or 
neglect, abuse or neglect in later life, 
or human trafficking; 
(II) battered or subjected to ex-
treme cruelty; or 
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(III) a victim of criminal activity 
described in section 101(a)(15)(U)(iii) 
of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(U)(iii)). 
(2) WAIVERS FOR CERTAIN MISDEMEANORS.— 
For humanitarian purposes, family unity, or if oth-
erwise in the public interest, the Secretary may— 
(A) waive the grounds of inadmissibility 
under subparagraphs (A), (C), and (D) of sec-
tion 212(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(2)), unless the con-
viction forming the basis for inadmissibility 
would otherwise render the alien ineligible 
under paragraph (1)(B) (subject to subpara-
graph (B)); and 
(B) for purposes of clauses (ii) and (iii) of 
paragraph (1)(B), waive consideration of— 
(i) one misdemeanor offense if the 
alien has not been convicted of any offense 
in the 5-year period preceding the date on 
which the alien applies for adjustment of 
status under this title; or 
(ii) up to two misdemeanor offenses if 
the alien has not been convicted of any of-
fense in the 10-year period preceding the 
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date on which the alien applies for adjust-
ment of status under this title. 
(3) DEFINITIONS.—For purposes of this sub-
section— 
(A) the term ‘‘felony offense’’ means an of-
fense under Federal or State law that is pun-
ishable by a maximum term of imprisonment of 
more than 1 year; 
(B) the term ‘‘misdemeanor offense’’ 
means an offense under Federal or State law 
that is punishable by a term of imprisonment of 
more than 5 days but not more than 1 year; 
and 
(C) the term ‘‘crime of domestic violence’’ 
means any offense that has as an element the 
use, attempted use, or threatened use of phys-
ical force against a person committed by a cur-
rent or former spouse of the person, by an indi-
vidual with whom the person shares a child in 
common, by an individual who is cohabiting 
with or has cohabited with the person as a 
spouse, by an individual similarly situated to a 
spouse of the person under the domestic or 
family violence laws of the jurisdiction where 
the offense occurs, or by any other individual 
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against a person who is protected from that in-
dividual’s acts under the domestic or family vio-
lence laws of the United States or any State, 
Indian Tribal government, or unit of local gov-
ernment. 
(h) DEFINITIONS.—For purposes of this section: 
(1) IN GENERAL.—Terms used have the mean-
ings given such terms in section 101 of the Immi-
gration and Nationality Act. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(3) COVERED PROFESSION DEFINED.—For pur-
poses of this section, the term ‘‘covered profession’’ 
means the following: 
(A) Health care. 
(B) Emergency response. 
(C) Energy. 
(D) Education, including early education. 
(E) Sanitation. 
(F) Restaurant ownership, food prepara-
tion, vending, catering, food packaging, food 
services, or delivery. 
(G) Hotel or retail. 
(H) Fish, poultry, and meat processing 
work. 
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(I) Agricultural work, including labor that 
is seasonal in nature. 
(J) Commercial or residential landscaping. 
(K) Commercial or residential construction 
or renovation. 
(L) Housing, residential, and commercial 
construction related activities or public works 
construction. 
(M) Domestic work in private households, 
including child care, home care, or house clean-
ing. 
(N) Natural disaster recovery, disaster re-
construction, and related construction. 
(O) Home and community-based work, in-
cluding— 
(i) home health care; 
(ii) residential care; 
(iii) assistance with activities of daily 
living; 
(iv) any service provided by direct 
care workers (as defined in section 799B 
of the Public Health Service Act (42 
U.S.C. 295p)), personal care aides, job 
coaches, or supported employment pro-
viders; and 
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(v) any other provision of care to indi-
viduals in their homes by direct service 
providers, personal care attendants, and 
home health aides. 
(P) Family care, including child care serv-
ices, in-home child care services such as nanny 
services, and care services provided by family 
members to other family members. 
(Q) Manufacturing. 
(R) Warehousing. 
(S) Transportation or logistics. 
(T) Janitorial. 
(U) Laundromat and dry-cleaning opera-
tors. 
(V) Any other work performed by ‘‘essen-
tial critical infrastructure workers’’, as de-
scribed in the memorandum of the Department 
of Homeland Security entitled ‘‘Advisory Memo-
randum on Ensuring Essential Critical Infra-
structure Workers Ability to Work During the 
COVID–19 Response’’, which was originally 
issued by the Director of the Cybersecurity and 
Infrastructure Security Agency on March 19, 
2020, and last updated on August 10, 2021. 
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(W) Any other work, industry, or profes-
sion that a State or local government deemed 
essential during the COVID–19 Public Health 
Emergency. 
(X) Workers who are employed in any of 
the listed professions who do so remotely or hy-
brid. 
Æ 
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