155 
Border Patrol agents, including agents with 
EMT or paramedic certification, to complete an 
online training program that meets nationally 
recognized standards for the medical care of 
children to enable U.S. Border Patrol agents— 
(i) to identify common signs of med-
ical distress in children; and 
(ii) to ensure the timely transport of 
sick or injured children to an appropriate 
medical provider. 
(B) CONTRACT.—In developing or selecting 
an online training program under subparagraph 
(A), the Commissioner may enter into a con-
tract with a national professional medical asso-
ciation of pediatric medical providers. 
(2) VOICE
ACCESS
TO
MEDICAL
PROFES-
SIONALS.— 
(A) IN GENERAL.—The Commissioner of 
U.S. Customs and Border Protection shall en-
sure that all remote U.S. Border Patrol sta-
tions, forward operating bases, and remote 
ports of entry along the southern border of the 
United States have 24-hour voice access to a 
medical command physician whose board certifi-
cation includes the ability to perform this role 
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or a mid-level health care provider with pedi-
atric training for consultations regarding the 
medical needs of individuals, including children, 
taken into custody near the United States bor-
der. 
(B) ACCEPTABLE MEANS OF ACCESS.—Ac-
cess under subparagraph (A) may be accom-
plished through mobile phones, satellite mobile 
radios, or other means prescribed by the Com-
missioner. 
(f) COMMERCIAL DRIVER PROGRAM.— 
(1) ESTABLISHMENT.—The Commissioner of 
U.S. Customs and Border Protection shall establish 
a program to expedite detainee transport to border 
patrol processing facilities by ensuring, beginning 
not later than 1 year after the date of the enactment 
of this Act, that— 
(A) not fewer than 300 U.S. Border Patrol 
agents assigned to remote U.S. Border Patrol 
stations have a commercial driver’s license with 
a passenger endorsement for detainee transport; 
(B) in each of the El Paso, Laredo, Rio 
Grande Valley, San Diego, Yuma, and Tucson 
U.S. Border Patrol Sectors— 
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157 
(i) not fewer than 5 U.S. Border Pa-
trol agents with a commercial driver’s li-
cense are available during every shift; and 
(ii) not fewer than 3 buses are as-
signed to the sector; and 
(C) in each of the Big Bend, Del Rio, and 
El Centro U.S. Border Patrol Sectors— 
(i) not fewer than 2 U.S. Border Pa-
trol agents with a commercial driver’s li-
cense are available during every shift; and 
(ii) not fewer than 1 bus is assigned 
to the sector. 
(2) RELOCATION.—Buses assigned to specific 
U.S. Border Patrol sectors pursuant to paragraph 
(1) may be relocated to other sectors in response to 
changing patterns. 
(3) REDUCING WAIT TIMES AT REMOTE U.S. 
BORDER PATROL STATIONS.—The Commissioner of 
U.S. Customs and Border Protection shall ensure 
that sufficient buses are available in each U.S. Bor-
der Patrol sector to avoid subjecting detainees to 
long wait times at remote border patrol stations. 
(4) USE
OF
OFFICIAL
DUTY
TIME.—A U.S. 
Border Patrol agent shall be credited with work time 
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for the process of obtaining and maintaining a com-
mercial driver’s license under paragraph (1). 
(5) REPORTS
TO
CONGRESS.—The Secretary 
shall submit quarterly reports regarding the average 
length of detainees’ stay at U.S. Border Patrol sta-
tions to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(B) the Committee on Homeland Security 
of the House of Representatives. 
SEC. 2305. GAO STUDY OF WAIVER OF ENVIRONMENTAL 
AND OTHER LAWS. 
The Comptroller General of the United States shall 
study the impact of the authority of the Secretary, under 
section 102(c) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (Division C of Public 
Law 104–208; 8 U.S.C. 1103 note), to waive otherwise 
applicable legal requirements to expedite the construction 
of barriers and roads near United States borders, includ-
ing the impact of such waiver on the environment, Indian 
lands, and border communities. 
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159 
SEC. 2306. ESTABLISHMENT OF BORDER COMMUNITY 
STAKEHOLDER ADVISORY COMMITTEE. 
(a) IN GENERAL.—Subtitle B of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 
is amended by inserting after section 415 the following: 
‘‘SEC. 416. BORDER COMMUNITY STAKEHOLDER ADVISORY 
COMMITTEE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi-
sory Committee’ means the Border Community 
Stakeholder Advisory committee established pursu-
ant to subsection (b). 
‘‘(2) BORDER
COMMUNITY
STAKEHOLDER.— 
The term ‘border community stakeholder’ means an 
individual who has ownership interests or resides 
near an international land border of the United 
States, including— 
‘‘(A) an individual who owns land within 
10 miles of an international land border of the 
United States; 
‘‘(B) a business leader of a company oper-
ating within 100 miles of a land border of the 
United States; 
‘‘(C) a local official from a community on 
a land border of the United States; 
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‘‘(D) a representative of an Indian Tribe 
possessing Tribal lands on a land border of the 
United States; and 
‘‘(E) a representative of a human rights or 
civil rights organization operating near a land 
border of the United States. 
‘‘(b) ESTABLISHMENT.—The Secretary shall estab-
lish, within the Department, the Border Community 
Stakeholder Advisory Committee. 
‘‘(c) DUTIES.— 
‘‘(1) IN GENERAL.—The Secretary shall consult 
with the Advisory Committee, as appropriate, re-
garding border security and immigration enforce-
ment matters, including on the development, refine-
ment, and implementation of policies, protocols, pro-
grams, and rulemaking pertaining to border security 
and immigration enforcement that may impact bor-
der communities. 
‘‘(2) RECOMMENDATIONS.—The Advisory Com-
mittee shall develop, at the request of the Secretary, 
recommendations regarding policies, protocols, pro-
grams, and rulemaking pertaining to border security 
and immigration enforcement that may impact bor-
der communities. 
‘‘(d) MEMBERSHIP.— 
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‘‘(1) APPOINTMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
appoint the members of the Advisory Com-
mittee. 
‘‘(B) COMPOSITION.—The Advisory Com-
mittee shall be composed of— 
‘‘(i) 1 border community stakeholder 
from each of the 9 U.S. Border Patrol sec-
tors; and 
‘‘(ii) 3 individuals with significant ex-
pertise and experience in immigration law, 
civil rights, and civil liberties, particularly 
relating to the interests of residents of bor-
der communities. 
‘‘(2) TERM OF OFFICE.— 
‘‘(A) TERMS.—The term of each member 
of the Advisory Committee shall be 2 years. 
The Secretary may reappoint members for addi-
tional terms. 
‘‘(B) REMOVAL.—The Secretary may re-
view the participation of a member of the Advi-
sory Committee and remove such member for 
cause at any time. 
‘‘(3) PROHIBITION
ON
COMPENSATION.—The 
members of the Advisory Committee may not receive 
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pay, allowances, or benefits from the Federal Gov-
ernment by reason of their service on the Advisory 
Committee. 
‘‘(4) MEETINGS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
require the Advisory Committee to meet at least 
semiannually and may convene additional meet-
ings as necessary. 
‘‘(B) PUBLIC
MEETINGS.—At least 1 of 
the meetings described in subparagraph (A) 
shall be open to the public. 
‘‘(C) ATTENDANCE.—The Advisory Com-
mittee shall maintain a record of the persons 
present at each meeting. 
‘‘(5) MEMBER ACCESS TO SENSITIVE SECURITY 
INFORMATION.— 
‘‘(A) ACCESS.—If the Secretary determines 
that there is no cause to restrict a member of 
the Advisory Committee from possessing sen-
sitive security information, the member may be 
granted access to such information that is rel-
evant to the member’s advisory duties after vol-
untarily signing a nondisclosure agreement. 
‘‘(B) RESTRICTIONS ON USE.—The mem-
ber shall protect the sensitive security informa-
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tion referred to in subparagraph (A) in accord-
ance with part 1520 of title 49, Code of Fed-
eral Regulations. 
‘‘(6) CHAIRPERSON.—A stakeholder representa-
tive on the Advisory Committee who is elected by the 
appointed membership of the Advisory Committee 
shall chair the Advisory Committee. 
‘‘(e) NONAPPLICABILITY
OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Advisory Committee or any of its subcommittees.’’. 
(b) APPROPRIATIONS.—There are authorized to be 
appropriated such sums as may be necessary to implement 
this section. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 
(Public Law 107–296) is amended by inserting after the 
item relating to section 415 the following: 
‘‘Sec. 416. Border Community Stakeholder Advisory Committee.’’. 
SEC. 2307. RESCUE BEACONS. 
Section 411(o) of the Homeland Security Act of 2002 
(6 U.S.C. 211(o)) is amended by adding at the end the 
following: 
‘‘(3) RESCUE BEACONS.—Beginning on October 
1, 2021, in carrying out subsection (c)(8), the Com-
missioner shall purchase, deploy, and maintain addi-
tional self-powering, 9–1–1 cellular relay rescue bea-
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cons along the southern border of the United States 
at appropriate locations, as determined by the Com-
missioner, to effectively mitigate migrant deaths.’’. 
SEC. 2308. USE OF FORCE. 
(a) DEPARTMENT OF HOMELAND SECURITY POLI-
CIES.— 
(1) ISSUANCE.—The Secretary, in coordination 
with the Assistant Attorney General for the Civil 
Rights, shall issue policies governing the use of force 
by all Department of Homeland Security personnel. 
(2) CONSULTATION REQUIREMENT.—In devel-
oping policies pursuant to paragraph (1), the Sec-
retary shall consult with law enforcement and civil 
rights organizations to ensure that such policies— 
(A) focus law enforcement efforts and tac-
tics on protecting public safety and national se-
curity that are consistent with our Nation’s val-
ues; and 
(B) leverage best practices and technology 
to provide such protection. 
(b) PUBLIC REPORTING.—Not later than 24 hours 
after any use-of-force incident that results in serious in-
jury to, or the death of, an officer, agent, or member of 
the public, the Secretary shall— 
(1) make the facts of such incident public; and 
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(2) comply fully with the requirements set forth 
in section 3 of the Death in Custody Reporting Act 
of 2013 (42 U.S.C. 13727a). 
SEC. 2309. OFFICE OF PROFESSIONAL RESPONSIBILITY. 
(a) IN GENERAL.—The Commissioner of U.S. Cus-
toms and Border Protection shall hire, train, and assign 
sufficient Office of Professional Responsibility special 
agents to ensure that there is 1 such special agent for 
every 30 officers to investigate criminal and administrative 
matters and misconduct by officers and other employees 
of U.S. Customs and Border Protection. 
(b) CONTRACTS.—The Commissioner is authorized to 
enter into such contracts as may be necessary to carry 
out this section. 
Subtitle D—Improving Border In-
frastructure for Families and 
Children; Cracking Down on 
Criminal Organizations 
SEC. 2401. HUMANITARIAN AND MEDICAL STANDARDS FOR 
INDIVIDUALS IN U.S. CUSTOMS AND BORDER 
PROTECTION CUSTODY. 
(a) IN GENERAL.—The Secretary, in coordination 
with the Secretary of Health and Human Services, and 
in consultation with nongovernmental experts in the deliv-
ery of humanitarian response and health care, shall de-
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velop guidelines and protocols for basic minimum stand-
ards of care for individuals in the custody of U.S. Customs 
and Border Protection. 
(b) ISSUES ADDRESSED.—The guidelines and proto-
cols described in subsection (a) shall ensure that the staff-
ing, physical facilities, furnishings, and supplies are ade-
quate to provide each detainee with appropriate— 
(1) medical care, including initial health 
screenings and medical assessments; 
(2) water, sanitation, and hygiene; 
(3) food and nutrition; 
(4) clothing and shelter; 
(5) quiet, dimly illuminated sleeping quarters if 
he or she is detained overnight; 
(6) information about available services and 
legal rights, in the common language spoken by the 
detainee, and access to a telephone; and 
(7) freedom to practice the detainee’s religion. 
SEC. 2402. CHILD WELFARE AT THE BORDER. 
(a) GUIDELINES.—The Secretary, in consultation 
with appropriate Federal, State, and local government of-
ficials, pediatricians, and child welfare experts and private 
sector agencies, shall develop additional guidelines for the 
treatment of children in the custody of U.S. Customs and 
Border Protection. 
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(b) GUIDING PRINCIPLE.—The guiding principle of 
the guidelines developed pursuant to subsection (a) shall 
be ‘‘the best interest of the child’’ and shall include— 
(1) appropriate training for all Department of 
Homeland Security personnel and cooperating entity 
personnel who have contact with children relating to 
the care and custody of children; 
(2) ensuring the availability of qualified child 
welfare professionals and licensed medical profes-
sionals, as appropriate; 
(3) a reliable system for identifying and report-
ing allegations of child abuse or neglect; 
(4) prohibiting the removal of a child from a 
parent or legal guardian for the purpose of deterring 
individuals from migrating to the United States or 
promoting compliance with the United States immi-
gration laws; 
(5) reasonable arrangements for unannounced 
visits and inspections by the Office of Inspector Gen-
eral of the Department of Homeland Security, non-
governmental organizations, and State and local 
child welfare agencies; and 
(6) the preservation of all records associated 
with children in the custody of the Department of 
Homeland Security, including records of— 
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(A) the identities of the children; 
(B) any known family members of the chil-
dren; and 
(C) reported incidents of abuse of the chil-
dren while in custody. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to implement this section. 
SEC. 2403. OFFICE OF INSPECTOR GENERAL OVERSIGHT. 
Not later than 6 months after the date of the enact-
ment of this Act and every 6 months thereafter, the In-
spector General of the Department of Homeland Security, 
in coordination with the Secretary of Health and Human 
Services, shall submit a report to the appropriate congres-
sional committees regarding— 
(1) the status of the implementation of sections 
2401 and 2402; and 
(2) findings made after announced and unan-
nounced inspections to Department of Homeland Se-
curity facilities. 
SEC. 2404. ENHANCED INVESTIGATION AND PROSECUTION 
OF 
HUMAN 
SMUGGLING 
NETWORKS 
AND 
TRAFFICKING ORGANIZATIONS. 
The Attorney General and the Secretary shall expand 
collaboration on the investigation and prosecution of 
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human smuggling networks and trafficking organizations 
targeting migrants, asylum seekers, and unaccompanied 
children and operating at the southwestern border of the 
United States, including the continuation and expansion 
of anti-trafficking coordination teams. 
SEC. 2405. ENHANCED PENALTIES FOR ORGANIZED SMUG-
GLING SCHEMES. 
(a) IN GENERAL.—Section 274(a)(1)(B) of the Im-
migration and Nationality Act (8 U.S.C. 1324(a)(1)(B)) 
is amended— 
(1) by redesignating clauses (iii) and (iv) as 
clauses (iv) and (v), respectively; 
(2) by inserting after clause (ii) the following: 
‘‘(iii) in the case of a violation of subparagraph 
(A)(i) during and in relation to which the person, 
while acting for profit or other financial gain, know-
ingly directs or participates in a scheme to cause 10 
or more persons (other than a parent, spouse, sib-
ling, son or daughter, grandparent, or grandchild of 
the offender) to enter or to attempt to enter the 
United States at the same time at a place other 
than a designated port of entry or place other than 
designated by the Secretary, be fined under title 18, 
United States Code, imprisoned not more than 15 
years, or both;’’; and 
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(3) in clause (iv), as redesignated, by inserting 
‘‘commits or attempts to commit sexual assault of,’’ 
after ‘‘section 1365 of title 18, United States Code) 
to,’’. 
(b) BULK CASH SMUGGLING.—Section 5332(b)(1) of 
title 31, United States Code, is amended— 
(1) in the paragraph heading, by striking 
‘‘TERM
OF
IMPRISONMENT.—’’ and inserting ‘‘IN 
GENERAL.—’’; and 
(2) by inserting ‘‘, fined under title 18, or 
both’’ after ‘‘5 years’’. 
SEC. 2406. EXPANDING FINANCIAL SANCTIONS ON NAR-
COTICS TRAFFICKING AND MONEY LAUN-
DERING. 
(a) FINANCIAL SANCTIONS EXPANSION.—The Sec-
retary of the Treasury, the Attorney General, the Sec-
retary of State, the Secretary of Defense, and the Director 
of Central Intelligence shall expand investigations, intel-
ligence collection, and analysis pursuant to the Foreign 
Narcotics Kingpin Designation Act (21 U.S.C. 1901 et 
seq.) to increase the identification and application of sanc-
tions against— 
(1) significant foreign narcotics traffickers and 
their organizations and networks; and 
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(2) foreign persons, including government offi-
cials, who provide material, financial, or techno-
logical support to such traffickers, organizations, or 
networks. 
(b) SPECIFIC TARGETS.—The activities described in 
subsection (a) shall specifically target foreign narcotics 
traffickers, their organizations and networks, and the for-
eign persons, including government officials, who provide 
material, financial, or technological support to such traf-
fickers, organizations, and networks that are present and 
operating in Central America. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out subsection (a). 
SEC. 2407. SUPPORT FOR TRANSNATIONAL ANTI-GANG 
TASK FORCES FOR COUNTERING CRIMINAL 
GANGS. 
The Director of the Federal Bureau of Investigation, 
the Director of the Drug Enforcement Administration, 
and the Secretary, in coordination with the Secretary of 
State, shall expand the use of transnational task forces 
that seek to address transnational crime perpetrated by 
gangs in El Salvador, Guatemala, Honduras, and any 
other identified country by— 
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(1) expanding transnational criminal investiga-
tions focused on criminal gangs in identified coun-
tries, such as MS–13 and 18th Street; 
(2) expanding training and partnership efforts 
with law enforcement entities in identified countries 
to disrupt and dismantle criminal gangs, both inter-
nationally and in their respective countries; 
(3) establishing or expanding gang-related in-
vestigative units; 
(4) collecting and disseminating intelligence to 
support related United States-based investigations; 
and 
(5) expanding programming related to gang 
intervention and prevention for at-risk youth. 
SEC. 2408. HINDERING IMMIGRATION, BORDER, AND CUS-
TOMS CONTROLS. 
(a) PERSONNEL AND STRUCTURES.—Title II of the 
Immigration and Nationality Act (8 U.S.C. 1151 et seq.) 
is amended by inserting after section 274D the following: 
‘‘SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUS-
TOMS CONTROLS. 
‘‘(a) ILLICIT SPOTTING.— 
‘‘(1) IN
GENERAL.—It shall be unlawful to 
knowingly surveil, track, monitor, or transmit the lo-
cation, movement, or activities of any officer or em-
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ployee of a Federal, State, or Tribal law enforce-
ment agency with the intent— 
‘‘(A) to gain financially; and 
‘‘(B) to violate— 
‘‘(i) the immigration laws; 
‘‘(ii) the customs and trade laws of 
the United States (as defined in section 
2(4) of the Trade Facilitation and Trade 
Enforcement Act of 2015 (Public Law 
114–125)); 
‘‘(iii) any other Federal law relating 
to transporting controlled substances, agri-
culture, or monetary instruments into the 
United States; or 
‘‘(iv) any Federal law relating to bor-
der controls measures of the United 
States. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined under title 18, United 
States Code, imprisoned for not more than 5 years, 
or both. 
‘‘(b) DESTRUCTION
OF UNITED STATES BORDER 
CONTROLS.— 
‘‘(1) IN
GENERAL.—It shall be unlawful to 
knowingly and without lawful authorization— 
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‘‘(A) destroy or significantly damage any 
fence, barrier, sensor, camera, or other physical 
or electronic device deployed by the Federal 
Government to control an international border 
of, or a port of entry to, the United States; or 
‘‘(B) otherwise construct, excavate, or 
make any structure intended to defeat, cir-
cumvent or evade such a fence, barrier, sensor 
camera, or other physical or electronic device 
deployed by the Federal Government to control 
an international border of, or a port of entry to, 
the United States. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined under title 18, United 
States Code, imprisoned for not more than 5 years, 
or both.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item relating 
to section 274D the following: 
‘‘Sec. 274E. Hindering immigration, border, and customs controls.’’. 
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TITLE III—REFORM OF THE 
IMMIGRANT VISA SYSTEM 
Subtitle A—Promoting Family 
Reunification 
SEC. 3101. RECAPTURE OF IMMIGRANT VISAS LOST TO BU-
REAUCRATIC DELAY. 
(a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM-
MIGRANTS.—Section 201(c) of the Immigration and Na-
tionality Act (8 U.S.C. 1151(c)) is amended to read as 
follows: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.— 
‘‘(1) IN GENERAL.—The worldwide level of fam-
ily-sponsored immigrants under this subsection for a 
fiscal year is equal to the sum of— 
‘‘(A) 480,000; 
‘‘(B) the number computed under para-
graph (2); and 
‘‘(C) the number computed under para-
graph (3). 
‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS 
FISCAL
YEAR.—The number computed under this 
paragraph for a fiscal year is the difference, if any, 
between— 
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‘‘(A) the worldwide level of employment- 
based immigrant visas established for the pre-
vious fiscal year; and 
‘‘(B) the number of visas issued under sec-
tion 203(b) during the previous fiscal year. 
‘‘(3) UNUSED
VISA
NUMBERS
FROM
FISCAL 
YEARS 1992 THROUGH 2020.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the difference, if any, between— 
‘‘(i) the sum of the worldwide levels of 
family-sponsored immigrant visas estab-
lished for fiscal years 1992 through 2020; 
and 
‘‘(ii) the number of visas issued under 
section 203(a) during such fiscal years; 
and 
‘‘(B) the number of visas resulting from 
the calculation under subparagraph (A) that 
were issued after fiscal year 2020 under section 
203(a).’’. 
(b) WORLDWIDE LEVEL
OF EMPLOYMENT-BASED 
IMMIGRANTS.—Section 201(d) of the Immigration and 
Nationality Act (8 U.S.C. 1151(d)) is amended to read 
as follows: 
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‘‘(i) the sum of the worldwide levels of 
employment-based immigrant visas estab-
lished for each of fiscal years 1992 
through 2020; and 
‘‘(ii) the number of visas issued under 
section 203(b) during such fiscal years; 
and 
‘‘(B) the number of visas resulting from 
the calculation under subparagraph (A) that 
were issued after fiscal year 2020 under section 
203(b).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to each fiscal year beginning with 
fiscal year 2022. 
SEC. 3102. RECLASSIFICATION OF SPOUSES AND MINOR 
CHILDREN OF LAWFUL PERMANENT RESI-
DENTS AS IMMEDIATE RELATIVES. 
(a) IN GENERAL.—Section 201(b)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(b)(2)) is 
amended to read as follows: 
‘‘(2) IMMEDIATE RELATIVES.— 
‘‘(A) IN GENERAL.— 
‘‘(i) 
IMMEDIATE
RELATIVE
DE-
FINED.—In this Act, the term ‘immediate 
relative’ includes— 
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‘‘(I) a child, spouse, and parent 
of a citizen of the United States, ex-
cept that, in the case of parents, such 
citizen of the United States shall be 
at least 21 years of age; 
‘‘(II) a child or spouse of a law-
ful permanent resident; and 
‘‘(III) for each family member of 
a citizen of the United States or law-
ful permanent resident described in 
subclauses (I) and (II), the family 
member’s spouse or child who is ac-
companying or following to join the 
family member. 
‘‘(ii) PREVIOUSLY
ISSUED
VISA.—A 
noncitizen admitted under section 211(a) 
on the basis of a prior issuance of a visa 
under section 203(a) to his or her imme-
diate relative accompanying parent is an 
immediate relative. 
‘‘(iii) PARENTS
AND
CHILDREN.—A 
noncitizen who was the child or parent of 
a citizen of the United States or a child of 
a lawful permanent resident on the date of 
the death of the United States citizen or 
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lawful permanent resident is an immediate 
relative if the noncitizen files a petition 
under section 204(a)(1)(A)(ii) not later 
than 2 years after such date or before at-
taining 21 years of age. 
‘‘(iv) SPOUSES.—A noncitizen who 
was the spouse of a citizen of the United 
States or lawful permanent resident for 
not less than 2 years on the date of death 
of the United States citizen or lawful per-
manent resident (or, if married for less 
than 2 years on such date, proves by a pre-
ponderance of the evidence that the mar-
riage was entered into in good faith and 
not solely for the purpose of obtaining an 
immigration benefit and the noncitizen was 
not legally separated from the citizen of 
the United States or lawful permanent 
resident on such date) and each child of 
such noncitizen shall be considered, for 
purposes of this subsection, an immediate 
relative after such date if the spouse files 
a petition under section 204(a)(1)(A)(ii) 
before the date on which the spouse remar-
ries. 
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181 
‘‘(v) SPECIAL RULE.—For purposes of 
this subparagraph, a noncitizen who has 
filed a petition under clause (iii) or (iv) of 
section 204(a)(1)(A) remains an immediate 
relative if the United States citizen or law-
ful permanent resident spouse or parent 
loses United States citizenship or lawful 
permanent residence on account of the 
abuse. 
‘‘(B) BIRTH
DURING
TEMPORARY
VISIT 
ABROAD.—A noncitizen born to a lawful perma-
nent resident during a temporary visit abroad is 
an immediate relative.’’. 
(b) ALLOCATION
OF IMMIGRANT VISAS.—Section 
203(a) of the Immigration and Nationality Act (8 U.S.C. 
1153(a)) is amended— 
(1) in paragraph (1), by striking ‘‘23,400’’ and 
inserting ‘‘26.5 percent of such worldwide level’’; 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) 
UNMARRIED
SONS
AND
UNMARRIED 
DAUGHTERS OF LAWFUL PERMANENT RESIDENTS.— 
Qualified immigrants who are the unmarried sons or 
unmarried daughters (but are not the children) of 
lawful permanent residents shall be allocated visas in 
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182 
a number not to exceed 16.8 percent of such world-
wide level, plus any visas not required for the class 
specified in paragraph (1).’’; 
(3) in paragraph (3), by striking ‘‘23,400’’ and 
inserting ‘‘16.8 percent of such worldwide level’’; 
and 
(4) in paragraph (4), by striking ‘‘65,000’’ and 
inserting ‘‘39.9 percent of such worldwide level’’. 
(c) CONFORMING AMENDMENTS.— 
(1) RULES FOR DETERMINING WHETHER CER-
TAIN NONCITIZENS ARE IMMEDIATE RELATIVES.— 
Section 201(f) of the Immigration and Nationality 
Act (8 U.S.C. 1151(f)) is amended— 
(A) in paragraph (1), by striking ‘‘para-
graphs (2) and (3),’’ and inserting ‘‘paragraph 
(2),’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; and 
(D) in paragraph (3), as redesignated by 
subparagraph (C), by striking ‘‘through (3)’’ 
and inserting ‘‘and (2)’’. 
(2) ALLOCATION OF IMMIGRATION VISAS.—Sec-
tion 203(h) of the Immigration and Nationality Act 
(8 U.S.C. 1153(h)) is amended— 
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(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph 
(A), 
by 
striking 
‘‘subsections 
(a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (d)’’; 
(ii) in subparagraph (A), by striking 
‘‘becomes available for such noncitizen (or, 
in the case of subsection (d), the date on 
which an immigrant visa number became 
available for the noncitizen’s parent),’’ and 
inserting ‘‘became available for the nonciti-
zen’s parent,’’; and 
(iii) in subparagraph (B), by striking 
‘‘applicable’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) PETITION DESCRIBED.—The petition de-
scribed in this paragraph is a petition filed under 
section 204 for classification of a noncitizen’s parent 
under subsection (a), (b), or (c).’’; and 
(C) in paragraph (3), by striking ‘‘sub-
sections (a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (d)’’. 
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184 
(3) PROCEDURE
FOR
GRANTING
IMMIGRANT 
STATUS.—Section 204 of the Immigration and Na-
tionality Act (8 U.S.C. 1154) is amended— 
(A) in subsection (a)(1)— 
(i) in subparagraph (A)— 
(I) in clause (i), by inserting ‘‘or 
lawful permanent resident’’ after ‘‘cit-
izen of the United States’’; 
(II) in clause (ii), by striking 
‘‘described in the second sentence of 
section 201(b)(2)(A)(i) also’’ and in-
serting ‘‘, noncitizen child, or noncit-
izen 
parent 
described 
in 
section 
201(b)(2)(A)’’; 
(III) in clause (iii)— 
(aa) in subclause (I)(aa), by 
inserting ‘‘or lawful permanent 
resident’’ after ‘‘citizen’’; and 
(bb) in subclause (II)(aa)— 
(AA) in subitems (AA) 
and (BB), by inserting ‘‘or 
lawful permanent resident;’’ 
after ‘‘citizen of the United 
States’’ each place it ap-
pears; and 
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(BB) in subitem (CC), 
by inserting ‘‘or lawful per-
manent 
resident’’ 
after 
‘‘United States citizen’’ each 
place it appears and by in-
serting ‘‘or lawful perma-
nent resident’’ after ‘‘citi-
zenship’’; 
(IV) in clause (iv)— 
(aa) by striking ‘‘citizen of 
the United States’’ and inserting 
‘‘United States citizen or lawful 
permanent resident parent’’; 
(bb) by inserting ‘‘or lawful 
permanent 
resident’’ 
after 
‘‘United States citizen’’; 
(cc) by inserting ‘‘or lawful 
permanent resident’’ after ‘‘citi-
zenship’’; 
(dd) by striking ‘‘citizen 
parent 
may’’ 
and 
inserting 
‘‘United States citizen or lawful 
permanent resident parent may’’; 
(ee) by striking ‘‘citizen par-
ent.’’ 
and 
inserting 
‘‘United 
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186 
States citizen or lawful perma-
nent resident parent.’’; and 
(ff) by striking ‘‘residence 
includes’’ and inserting ‘‘resi-
dence with a parent includes’’; 
(V) in clause (v)(I), by inserting 
‘‘or lawful permanent resident’’ after 
‘‘citizen’’; 
(VI) in clause (vi)— 
(aa) by inserting ‘‘or lawful 
permanent resident status’’ after 
‘‘renunciation 
of 
citizenship’’; 
and 
(bb) by inserting ‘‘or lawful 
permanent resident’’ after ‘‘abus-
er’s citizenship’’; and 
(VII) in clause (viii)(I)— 
(aa) by striking ‘‘citizen of 
the United States’’ and inserting 
‘‘United States citizen or lawful 
permanent resident’’; and 
(bb) by inserting ‘‘or lawful 
permanent resident’’ after ‘‘the 
citizen’’; 
(ii) by striking subparagraph (B); 
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(iii) in subparagraph (C), by striking 
‘‘subparagraph (A)(iii), (A)(iv), (B)(ii), or 
(B)(iii)’’ and inserting ‘‘clause (iii) or (iv) 
of subparagraph (A)’’; 
(iv) in subparagraph (D)— 
(I) in clause (i)(I), by striking 
‘‘clause (iv) of section 204(a)(1)(A) or 
section 204(a)(1)(B)(iii)’’ each place 
it appears and inserting ‘‘subpara-
graph (A)(iv)’’; 
(II) in clause (ii), by striking 
‘‘subparagraph (A)(iii), (A)(iv), (B)(ii) 
or (B)(iii)’’ and inserting ‘‘clause (iii) 
or (iv) of subparagraph (A)’’; 
(III) in clause (iv), by striking 
‘‘subparagraph 
(A)(iii), 
(A)(iv), 
(B)(ii), or (B)(iii)’’ and inserting 
‘‘clause (iii) or (iv) of subparagraph 
(A)’’; and 
(IV) in clause (v), by striking ‘‘or 
(B)(iii)’’; 
(v) in subparagraph (J)— 
(I) by striking ‘‘or clause (ii) or 
(iii) of subparagraph (B)’’; and 
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(II) by striking ‘‘subparagraphs 
(C) and (D)’’ and inserting ‘‘subpara-
graphs (B) and (C)’’; and 
(vi) by redesignating subparagraphs 
(C) through (L) as subparagraphs (B) 
through (K), respectively; 
(B) in subsection (a), by striking para-
graph (2); 
(C) in subsection (h)— 
(i) in the first sentence, by striking 
‘‘or a petition filed under subsection 
(a)(1)(B)(ii) pursuant to conditions de-
scribed in subsection (a)(1)(A)(iii)(1)’’; 
and 
(ii) in the second sentence— 
(I) 
by 
striking 
‘‘section 
204(a)(1)(B)(ii) or 204(a)(1)(A)(iii)’’ 
and 
inserting 
‘‘subsection 
(a)(1)(A)(iii)’’; and 
(II) 
by 
striking 
‘‘section 
204(a)(1)(A) 
or 
in 
section 
204(a)(1)(B)(iii)’’ and inserting ‘‘sub-
section (a)(1)(A)’’; 
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(D) in subsection (i)(1), by striking ‘‘sub-
section (a)(4)(D)’’ and inserting ‘‘subsection 
(a)(1)(D)’’; 
(E) in subsection (j), by striking ‘‘sub-
section (a)(1)(D)’’ and inserting ‘‘subsection 
(a)(1)(E)’’; and 
(F) in subsection l(1)— 
(i) by striking ‘‘who resided in the 
United States at the time of the death of 
the qualifying relative and who continues 
to reside in the United States’’; and 
(ii) by striking ‘‘any related applica-
tions,’’ and inserting ‘‘any related applica-
tions (including affidavits of support),’’. 
(4) ADDITIONAL CONFORMING AMENDMENTS.— 
(A) Section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)) is amend-
ed— 
(i) in paragraph (50), by striking ‘‘, 
204(a)(1)(B)(ii)(II)(aa)(BB),’’; and 
(ii) in paragraph (51)— 
(I) by striking subparagraph (B); 
and 
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191 
a foreign state or dependent area to which sub-
section (e) applies, if the total number of visas 
issued under section 203(a)(2) exceeds the max-
imum number of visas that may be made available 
to immigrants of the state or area under section 
203(a)(2) consistent with subsection (e) (determined 
without regard to this paragraph), in applying para-
graphs (3) and (4) of section 203(a) under sub-
section (e)(2) all visas shall be deemed to have been 
required for the classes specified in paragraphs (1) 
and (2) of such section.’’. 
SEC. 3104. PROMOTING FAMILY UNITY. 
(a) REPEAL OF 3-YEAR, 10-YEAR, AND PERMANENT 
BARS.—Section 212(a)(9) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(9)) is amended to read as fol-
lows: 
‘‘(9) NONCITIZENS PREVIOUSLY REMOVED.— 
‘‘(A) ARRIVING NONCITIZEN.—Any noncit-
izen who has been ordered removed under sec-
tion 235(b)(1) or at the end of proceedings 
under section 240 initiated upon the nonciti-
zen’s arrival in the United States and who 
again seeks admission within 5 years of the 
date of such removal (or within 20 years in the 
case of a second or subsequent removal or at 
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192 
any time in the case of a noncitizen convicted 
of an aggravated felony) is inadmissible. 
‘‘(B) OTHER NONCITIZENS.—Any noncit-
izen not described in subparagraph (A) who 
seeks admission within 10 years of the date of 
such noncitizen’s departure or removal (or with-
in 20 years of such date in the case of a second 
or subsequent removal or at any time in the 
case of a noncitizen convicted of an aggravated 
felony) is inadmissible if the noncitizen— 
‘‘(i) has been ordered removed under 
section 240 or any other provision of law; 
or 
‘‘(ii) departed the United States while 
an order of removal was outstanding. 
‘‘(C) 
EXCEPTION.—Subparagraphs 
(A) 
and (B) shall not apply to a noncitizen seeking 
admission within a period if, prior to the date 
of the noncitizen’s reembarkation at a place 
outside the United States or attempt to be ad-
mitted from foreign contiguous territory, the 
Secretary of Homeland Security has consented 
to the noncitizen’s reapplying for admission.’’. 
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193 
(b) MISREPRESENTATION
OF
CITIZENSHIP.—The 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
is amended— 
(1) 
in 
section 
212(a)(6)(C) 
(8 
U.S.C. 
1182(a)(6)(C)), by amending clause (ii) to read as 
follows: 
‘‘(ii) MISREPRESENTATION
OF
CITI-
ZENSHIP.— 
‘‘(I) IN GENERAL.—Any noncit-
izen who willfully misrepresents, or 
has willfully misrepresented, himself 
or herself to be a citizen of the United 
States for any purpose or benefit 
under this Act (including section 
274A) or any Federal or State law is 
inadmissible. 
‘‘(II) EXCEPTION.—In the case 
of a noncitizen who was under the age 
of 21 years at the time of making a 
misrepresentation described in sub-
clause (I), the noncitizen shall not be 
considered to be inadmissible under 
any provision of this subsection based 
on such misrepresentation.’’; and 
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194 
(2) in section 237(a)(3) (8 U.S.C. 1227(a)(3)), 
by amending subparagraph (D) to read as follows: 
‘‘(D) MISREPRESENTATION
OF
CITIZEN-
SHIP.— 
‘‘(i) IN
GENERAL.—Any noncitizen 
who willfully misrepresents, or has willfully 
misrepresented, himself or herself to be a 
citizen of the United States for any pur-
pose or benefit under this Act (including 
section 274A) or any Federal or State law 
is deportable. 
‘‘(ii) EXCEPTION.—In the case of a 
noncitizen who was under the age of 21 
years at the time of making a misrepresen-
tation described in clause (i), the noncit-
izen shall not be considered to be deport-
able under any provision of this subsection 
based on such misrepresentation.’’. 
SEC. 3105. RELIEF FOR ORPHANS, WIDOWS, AND WID-
OWERS. 
(a) PROCESSING OF IMMIGRANT VISAS AND DERIVA-
TIVE PETITIONS.— 
(1) IN GENERAL.—Section 204(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1154(b)) is 
amended— 
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(A) by striking ‘‘(b) After an investiga-
tion’’ and inserting the following: 
‘‘(b) APPROVAL OF PETITION.— 
‘‘(1) IN
GENERAL.—After an investigation’’; 
and 
(B) by adding at the end the following: 
‘‘(2) DEATH OF QUALIFYING RELATIVE.— 
‘‘(A) IN GENERAL.—A noncitizen described 
in subparagraph (C) the qualifying relative of 
whom dies before the completion of immigrant 
visa processing may have an immigrant visa ap-
plication adjudicated as if such death had not 
occurred. 
‘‘(B) CONTINUED VALIDITY OF VISA.—An 
immigrant visa issued to a noncitizen before the 
death of his or her qualifying relative shall re-
main valid after such death. 
‘‘(C) NONCITIZEN DESCRIBED.—A noncit-
izen described in this subparagraph is a noncit-
izen who, at the time of the death of his or her 
qualifying relative, was— 
‘‘(i) an immediate relative (as de-
scribed in section 201(b)(2)(A)); 
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‘‘(ii) a family-sponsored immigrant 
(as described in subsection (a) or (d) of 
section 203); 
‘‘(iii) a derivative beneficiary of an 
employment-based immigrant under section 
203(b) (as described in section 203(d)); or 
‘‘(iv) the spouse or child of a refugee 
(as described in section 207(c)(2)) or an 
asylee 
(as 
described 
in 
section 
208(b)(3)).’’. 
(2) TRANSITION PERIOD.— 
(A) IN GENERAL.—Notwithstanding a de-
nial or revocation of an application for an immi-
grant visa for a noncitizen the qualifying rel-
ative of whom dies before the date of the enact-
ment of this Act, such application may be re-
newed by the noncitizen by a motion to reopen, 
without fee. 
(B) 
INAPPLICABILITY
OF
BARS
TO 
ENTRY.—Notwithstanding section 212(a)(9) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)), the application for an immigrant 
visa of a noncitizen the qualifying relative of 
whom died before the date of the enactment of 
this Act shall be considered if the noncitizen 
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197 
was excluded, deported, removed, or departed 
voluntarily before the date of the enactment of 
this Act. 
(b) ELIGIBILITY FOR PAROLE.—If a noncitizen de-
scribed in section 204(l) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(l)), was excluded, deported, re-
moved, or departed voluntarily before the date of the en-
actment of this Act— 
(1) such noncitizen shall be eligible for parole 
into the United States pursuant to the Secretary’s 
discretionary authority under section 212(d)(5) of 
such Act (8 U.S.C. 1182(d)(5)); and 
(2) such noncitizen’s application for adjustment 
of status shall be considered notwithstanding section 
212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). 
(c) NATURALIZATION.—Section 319(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1430(a)) is amend-
ed by inserting ‘‘(or, if the spouse is deceased, the spouse 
was a citizen of the United States)’’ after ‘‘citizen of the 
United States’’. 
(d) 
FAMILY-SPONSORED
IMMIGRANTS.—Section 
212(a)(4)(C)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(4)(C)(i)), as amended by section 3102, 
is further amended— 
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(1) in subclause (I), by striking ‘‘, or’’ and in-
serting a semicolon; and 
(2) by adding at the end the following: 
‘‘(III) status as a surviving rel-
ative under section 204(l); or’’. 
SEC. 3106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR 
CERTAIN VETERANS WHO ARE NATIVES OF 
THE PHILIPPINES. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Filipino Veterans Family Reunification Act’’. 
(b) NONCITIZENS NOT SUBJECT TO DIRECT NUMER-
ICAL LIMITATIONS.—Section 201(b)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1151(b)(1)) is amend-
ed by adding at the end the following: 
‘‘(F) Noncitizens who are eligible for an immi-
grant visa under paragraph (1) or (3) of section 
203(a) and who have a parent who was naturalized 
pursuant to section 405 of the Immigration Act of 
1990 (8 U.S.C. 1440 note).’’. 
SEC. 3107. FIANCE´ E OR FIANCE´
CHILD STATUS PROTEC-
TION. 
(a) IN GENERAL.—Section 101(a)(15)(K) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) 
is amended— 
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199 
(1) 
in 
clause 
(ii), 
by 
striking 
‘‘section 
201(b)(2)(A)(i)’’ 
and 
inserting 
‘‘section 
201(b)(2)(A)(i)(I)’’; and 
(2) by amending clause (iii) to read as follows: 
‘‘(iii) is the minor child of a noncit-
izen described in clause (i) or (ii) and is 
accompanying or following to join the non-
citizen, the age of such child to be deter-
mined as of the date on which the petition 
is submitted to the Secretary of Homeland 
Security to classify the noncitizen’s parent 
as the fiance´e or fiance´ of a United States 
citizen (in the case of a noncitizen parent 
described in clause (i)) or as the spouse of 
a United States citizen under section 
201(b)(2)(A)(i)(I) (in the case of a noncit-
izen parent described in clause (ii));’’. 
(b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 
214(d) of the Immigration and Nationality Act (8 U.S.C. 
1184(d)) is amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; 
(2) in paragraph (1)— 
(A) in the third sentence— 
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(i) by striking ‘‘paragraph (3)(B)’’ 
and inserting ‘‘paragraph (4)(B)’’; and 
(ii) by striking ‘‘paragraph (3)(B)(i)’’ 
and inserting ‘‘paragraph (4)(B)(i)’’; and 
(B) by striking the last sentence; and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2)(A) If a noncitizen does not marry the petitioner 
under paragraph (1) within 90 days after the noncitizen 
and the noncitizen’s minor children are admitted into the 
United States, such noncitizen and children shall be re-
quired to depart from the United States. If such nonciti-
zens fail to depart from the United States, they shall be 
removed in accordance with sections 240 and 241. 
‘‘(B) Subject to subparagraphs (C) and (D), if a non-
citizen marries the petitioner described in section 
101(a)(15)(K)(i) within 90 days after the noncitizen and 
the noncitizen’s minor children are admitted into the 
United States, the Secretary of Homeland Security or the 
Attorney General, subject to the provisions of section 
245(d), may adjust the status of the noncitizen, and any 
minor children accompanying or following to join the non-
citizen, to that of a lawful permanent resident on a condi-
tional basis under section 216 if the noncitizen and any 
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such minor children apply for such adjustment and are 
not determined to be inadmissible to the United States. 
‘‘(C) Paragraphs (5) and (7)(A) of section 212(a) 
shall not apply to a noncitizen who is eligible to apply for 
adjustment of status to that of a lawful permanent resi-
dent under this section. 
‘‘(D) A noncitizen eligible for a waiver of inadmis-
sibility as otherwise authorized under this Act shall be per-
mitted to apply for adjustment of status to that of a lawful 
permanent resident under this section.’’. 
(c) AGE DETERMINATION.—Section 245(d) of the 
Immigration and Nationality Act (8 U.S.C. 1255(d)) is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The Attorney 
General’’; and 
(2) by adding at the end the following: 
‘‘(2) A determination of the age of a noncitizen ad-
mitted 
to 
the 
United 
States 
under 
section 
101(a)(15)(K)(iii) shall be made, for purposes of adjust-
ment of status to lawful permanent resident on a condi-
tional basis under section 216, using the age of the noncit-
izen on the date on which the petition is submitted to the 
Secretary of Homeland Security to classify the nonciti-
zen’s parent as the fiance´e or fiance´ of a United States 
citizen (in the case of a noncitizen parent admitted to the 
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202 
United States under section 101(a)(15)(K)(i)) or as the 
spouse of a United States citizen under section 
201(b)(2)(A)(i)(I) (in the case of a noncitizen parent ad-
mitted 
to 
the 
United 
States 
under 
section 
101(a)(15)(K)(ii)).’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall be effective as if included in the 
Immigration Marriage Fraud Amendments of 1986 
(Public Law 99–639; 100 Stat. 3537). 
(2) APPLICABILITY.—The amendments made 
by this section shall apply to all petitions or applica-
tions described in such amendments that— 
(A) are pending as of the date of the en-
actment of this Act; or 
(B) have been denied, but would have been 
approved if such amendments had been in effect 
at the time of adjudication of the petition or 
application. 
(3) MOTION TO REOPEN OR RECONSIDER.—A 
motion to reopen or reconsider a petition or an ap-
plication described in paragraph (2)(B) shall be 
granted if such motion is submitted to the Secretary 
or the Attorney General not later than 2 years after 
the date of the enactment of this Act. 
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SEC. 3108. RETENTION OF PRIORITY DATES. 
Section 203 of the Immigration and Nationality Act 
(8 U.S.C. 1153) is amended— 
(1) in subsection (h), by amending paragraph 
(3) to read as follows: 
‘‘(3) RETENTION OF PRIORITY DATE.—If the 
age of a noncitizen is determined under paragraph 
(1) to be 21 years or older for purposes of sub-
section (d), and a parent of the noncitizen files a 
family-based petition for such noncitizen, the pri-
ority date for such petition shall be the original pri-
ority date issued upon receipt of the original family- 
based or employment-based petition for which either 
parent was a beneficiary.’’; and 
(2) by adding at the end the following: 
‘‘(i) PERMANENT PRIORITY DATES.— 
‘‘(1) IN GENERAL.—The priority date for any 
family-based or employment-based petition shall be 
the date of filing of the petition with the Secretary 
of Homeland Security (or the Secretary of State, if 
applicable), unless the filing of the petition was pre-
ceded by the filing of a labor certification with the 
Secretary of Labor, in which case that date shall 
constitute the priority date. 
‘‘(2) 
RETENTION
OF
EARLIEST
PRIORITY 
DATE.—The beneficiary of any petition shall retain 
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his or her earliest priority date based on any petition 
filed on his or her behalf that was approvable on the 
date on which it was filed, regardless of the category 
of subsequent petitions.’’. 
SEC. 3109. INCLUSION OF PERMANENT PARTNERS. 
(a) IMMIGRATION AND NATIONALITY ACT.—Section 
101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)), as amended by section 1102, is further amended 
by adding at the end: 
‘‘(55) PERMANENT PARTNER.— 
‘‘(A) The term ‘permanent partner’ means an 
individual 18 years of age or older who— 
‘‘(i) is in a committed, intimate relation-
ship with another individual 18 years of age or 
older in which both parties intend a lifelong 
commitment; 
‘‘(ii) is financially interdependent with 
such other individual, except that the Secretary 
of Homeland Security or the Secretary of State 
shall have the discretion to waive this require-
ment on a case-by-case basis for good cause; 
‘‘(iii) is not married to or in a permanent 
partnership with anyone other than such other 
individual; 
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‘‘(iv) is unable, in the jurisdiction of his or 
her domicile or the domicile of such other indi-
vidual, to contract with such other individual a 
marriage cognizable under this Act; and 
‘‘(v) is not a first-degree, second-degree, or 
third-degree blood relation of such other indi-
vidual. 
‘‘(B) Any reference to ‘spouse’, ‘husband’, or 
‘wife’, or to the plurals of such terms, shall be equal-
ly applicable to a permanent partner. 
‘‘(C) Any reference to ‘marriage’, ‘marital 
union’, ‘married’, ‘unmarried’, ‘wedlock’, or any 
similar term shall be equally applicable to the union 
of permanent partners.’’. 
(b) OTHER IMMIGRATION LEGISLATION.—The defini-
tion of permanent partner under section 101(a)(55) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(55)), 
as added by subsection (a), and the meanings of the ref-
erences described in that section shall apply to— 
(1) the LIFE Act (division B of the Miscella-
neous Appropriations Act, 2001, as enacted into law 
by section 1(a)(4) of Public Law 106–554); 
(2) the Cuban Adjustment Act (8 U.S.C. 1255 
note); and 
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(3) the Violence Against Women Act of 2000 
(division B of Public Law 106–386; 114 Stat. 
1491). 
(c) INAPPLICABILITY
OF
CEREMONY
REQUIRE-
MENT.—Paragraph (35) of section 101(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)) is amended 
by striking ‘‘The term’’ and inserting ‘‘Subject to para-
graph (55), the term’’. 
SEC. 3110. DEFINITION OF CHILD. 
(a) TITLES I AND II.—Section 101(b)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1101(b)(1)) is 
amended— 
(1) in subparagraph (B), by striking ‘‘, pro-
vided the child had not reached the age of 18 years 
at the time the marriage creating the status of step-
child occurred’’; and 
(2) by adding at the end the following: 
‘‘(H)(i) a biological child of a noncitizen 
permanent partner if the child was under the 
age of 18 years on the date on which the per-
manent partnership was formed; or 
‘‘(ii) a child adopted by a noncitizen per-
manent partner while under the age of 16 years 
if the child— 
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‘‘(I) has been in the legal custody of, 
and has resided with, such adoptive parent 
for at least 2 years; and 
‘‘(II) was under the age of 18 years at 
the time the permanent partnership was 
formed.’’. 
(b) TITLE III.—Section 101(c) of the Immigration 
and Nationality Act (8 U.S.C. 1101(c)) is amended— 
(1) in paragraph (1), by inserting ‘‘and an indi-
vidual described in subsection (b)(1)(H)’’ after ‘‘The 
term ‘child’ means an unmarried person under twen-
ty-one years of age’’; and 
(2) in paragraph (2), by inserting ‘‘and the de-
ceased permanent partner of a deceased parent, fa-
ther, or mother,’’ after ‘‘deceased parent, father, and 
mother’’. 
SEC. 3111. TERMINATION OF CONDITIONAL PERMANENT 
RESIDENT STATUS FOR CERTAIN NONCIT-
IZEN PERMANENT PARTNERS AND SONS AND 
DAUGHTERS 
UPON 
FINDING 
QUALIFYING 
PERMANENT PARTNERSHIP IMPROPER. 
Section 216 of the Immigration and Nationality Act 
(8 U.S.C. 1186a) is amended— 
(1) in subsection (b)(1)(A)(ii), by inserting ‘‘or 
has ceased to satisfy the criteria for being consid-
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208 
ered a permanent partnership under this Act,’’ after 
‘‘terminated,’’; 
(2) in subsection (c)(4)(B), by striking ‘‘termi-
nated (other than through the death of the spouse)’’ 
and inserting ‘‘terminated, or has ceased to satisfy 
the criteria for being considered a permanent part-
nership under this Act, other than through the death 
of the spouse,’’; and 
(3) in subsection (d)(1)(A)(i)(II), by inserting 
‘‘or has not ceased to satisfy the criteria for being 
considered a permanent partnership under this Act,’’ 
after ‘‘terminated,’’. 
SEC. 3112. NATIONALITY AT BIRTH. 
Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is amended by adding at the end the fol-
lowing: 
‘‘(i) Any reference to ‘a person born of parents’ in 
this section shall include— 
‘‘(1) any legally recognized parent-child rela-
tionship formed within the first year of a person’s 
life regardless of any genetic or gestational relation-
ship; 
‘‘(2) either parent of a child born through as-
sisted reproductive technology who is legally recog-
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nized as a parent in the relevant jurisdiction regard-
less of any genetic or gestational relationship; and 
‘‘(3) the spouse of a parent at the time of birth, 
in any case in which— 
‘‘(A) at least 1 parent is a legally recog-
nized parent; and 
‘‘(B) the marriage occurred before the 
child’s birth and is recognized in the United 
States, regardless of where the parents reside.’’. 
Subtitle B—National Origin-Based 
Antidiscrimination 
for 
Non-
immigrants 
SEC. 3201. EXPANSION OF NONDISCRIMINATION PROVI-
SION. 
Section 202(a)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 
(1) by inserting ‘‘or a nonimmigrant visa, ad-
mission or other entry into the United States, or the 
approval or revocation of any immigration benefit’’ 
after ‘‘immigrant visa’’; 
(2) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 
(3) by inserting ‘‘, except if expressly required 
by statute, or if a statutorily authorized benefit 
takes into consideration such factors’’ before the pe-
riod at the end. 
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SEC. 3202. TRANSFER AND LIMITATIONS ON AUTHORITY TO 
SUSPEND OR RESTRICT THE ENTRY OF A 
CLASS OF NONCITIZENS. 
Section 212(f) of the Immigration and Nationality 
Act (8 U.S.C. 1182(f)) is amended to read as follows: 
‘‘(f) AUTHORITY TO SUSPEND OR RESTRICT THE 
ENTRY OF A CLASS OF NONCITIZENS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
if the Secretary of State, in consultation with the 
Secretary of Homeland Security, determines, based 
on specific and credible facts, that the entry of any 
noncitizens or any class of noncitizens into the 
United States would undermine the security or pub-
lic safety of the United States, or the preservation 
of human rights, democratic processes or institu-
tions, or international stability, the President may 
temporarily— 
‘‘(A) suspend the entry of such noncitizens 
or class of noncitizens as immigrants or non-
immigrants; or 
‘‘(B) impose any restriction on the entry of 
such noncitizens that the President considers 
appropriate. 
‘‘(2) LIMITATIONS.—In carrying out paragraph 
(1), the President, the Secretary of State, and the 
Secretary of Homeland Security shall— 
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‘‘(A) issue a suspension or restriction only 
to the extent required to address specific acts 
implicating a compelling government interest in 
a factor identified in paragraph (1); 
‘‘(B) narrowly tailor the suspension or re-
striction, using the least restrictive means, to 
achieve such compelling government interest; 
‘‘(C) specify the duration of the suspension 
or restriction and set forth evidence justifying 
such duration; 
‘‘(D) consider waivers to any class-based 
restriction or suspension and apply a rebuttable 
presumption in favor of granting family-based 
and humanitarian waivers; and 
‘‘(E) comply with all provisions of this Act, 
including section 202(a)(1)(A). 
‘‘(3) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) IN GENERAL.—Prior to the President 
exercising the authority under paragraph (1), 
the Secretary of State and the Secretary of 
Homeland Security shall consult Congress and 
provide Congress with specific evidence sup-
porting the need for the suspension or restric-
tion and its proposed duration. 
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‘‘(B) BRIEFING AND REPORT.—Not later 
than 48 hours after the President exercises the 
authority under paragraph (1), the Secretary of 
State and the Secretary of Homeland Security 
shall provide a briefing and submit a written re-
port to the appropriate committees of Congress 
that describes— 
‘‘(i) the action taken pursuant to 
paragraph (1) and the specified objective 
of such action; and 
‘‘(ii) the estimated number of individ-
uals who will be impacted by such action; 
‘‘(I) the constitutional and legis-
lative authority under which such ac-
tion took place; and 
‘‘(II) the circumstances necessi-
tating such action, including how such 
action complies with paragraph (2) 
and any intelligence informing such 
action. 
‘‘(C) TERMINATION.—If the briefing and 
report described in subparagraph (B) are not 
provided to the appropriate committees of Con-
gress during the 48-hour period after the Presi-
dent exercises the authority under paragraph 
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(1), the suspension or restriction shall imme-
diately terminate absent intervening congres-
sional action. 
‘‘(D) PUBLICATION.—The Secretary of 
State and the Secretary of Homeland Security 
shall publicly announce and publish an unclassi-
fied version of the report described in subpara-
graph (B) in the Federal Register. 
‘‘(4) JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, an individual or entity 
who is present in the United States and has 
been harmed by a violation of this subsection 
may file an action in an appropriate district 
court of the United States to seek declaratory 
or injunctive relief. 
‘‘(B) CLASS ACTION.—Nothing in this Act 
may be construed to preclude an action filed 
pursuant to subparagraph (A) from proceeding 
as a class action. 
‘‘(5) TREATMENT OF COMMERCIAL AIRLINES.— 
If the Secretary of Homeland Security finds that a 
commercial airline has failed to comply with regula-
tions of the Secretary relating to requirements of 
airlines for the detection of fraudulent documents 
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214 
used by passengers traveling to the United States 
(including the training of personnel in such detec-
tion), the Secretary may suspend the entry of some 
or all noncitizens transported to the United States 
by such airline. 
‘‘(6) REPORTING REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date on which the President exer-
cises the authority under this subsection, and 
every 30 days thereafter until the conclusion of 
such an exercise of authority, the Secretary of 
State, in coordination with the Secretary of 
Homeland Security and the heads of other rel-
evant Federal agencies, shall submit to the ap-
propriate committees of Congress a report that 
includes the following: 
‘‘(i) For each country affected by such 
a suspension or restriction— 
‘‘(I) the total number of individ-
uals 
who 
applied 
for 
a 
visa, 
disaggregated by visa category; 
‘‘(II) the total number of such 
visa applicants who were approved, 
disaggregated by visa category; 
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‘‘(III) the total number of such 
visa applicants who were refused, 
disaggregated by visa category, and 
the reasons they were refused; 
‘‘(IV) the total number of such 
visa applicants whose applications re-
main pending, disaggregated by visa 
category; 
‘‘(V) the total number of such 
visa applicants who were granted a 
waiver, disaggregated by visa cat-
egory; 
‘‘(VI) the total number of such 
visa applicants who were denied a 
waiver, disaggregated by visa cat-
egory, and the reasons such waiver re-
quests were denied; and 
‘‘(VII) the total number of refu-
gees admitted. 
‘‘(ii) Specific evidence supporting the 
need for the continued exercise of presi-
dential authority under this subsection, in-
cluding the information described in para-
graph (3)(B). 
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216 
‘‘(B) EFFECT OF NONCOMPLIANCE.—If a 
report required by subparagraph (A) is not 
timely submitted, the suspension or restriction 
shall immediately terminate absent intervening 
congressional action. 
‘‘(C) FINAL REPORT.—Not later than 30 
days after the conclusion of a suspension or re-
striction under this subsection, the Secretary of 
State, in coordination with the Secretary of 
Homeland Security and the heads of other rel-
evant Federal agencies, shall submit to the ap-
propriate committees of Congress a report that 
includes, for the entire period of the suspension 
or restriction, the information described clauses 
(i) and (ii) of subparagraph (A). 
‘‘(D) FORM; AVAILABILITY.—Each report 
required by this paragraph shall be made pub-
licly available on an internet website in unclas-
sified form. 
‘‘(7) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to authorize the 
President, the Secretary of State, or the Secretary 
of Homeland Security to act in a manner incon-
sistent with the policy decisions expressed in the im-
migration laws. 
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217 
‘‘(8) APPROPRIATE COMMITTEES OF CONGRESS 
DEFINED.—In this subsection, the term ‘appropriate 
committees of Congress’ means— 
‘‘(A) the Select Committee on Intelligence, 
the Committee on Foreign Relations, the Com-
mittee on the Judiciary, and the Committee on 
Homeland Security and Governmental Affairs 
of the Senate; and 
‘‘(B) the Permanent Select Committee on 
Intelligence, the Committee on Foreign Affairs, 
the Committee on the Judiciary, and the Com-
mittee on Homeland Security of the House of 
Representatives.’’. 
Subtitle C—Diversity Immigrants 
SEC. 3301. INCREASING DIVERSITY VISAS. 
Section 201(e) of the Immigration and Nationality 
Act (8 U.S.C. 1151(e)) is amended by striking ‘‘55,000’’ 
and inserting ‘‘80,000’’. 
Subtitle D—Reforming 
Employment-Based Immigration 
SEC. 3401. DOCTORAL STEM GRADUATES FROM ACCRED-
ITED UNITED STATES UNIVERSITIES. 
(a) IN GENERAL.—Section 201(b)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(b)(1)), as 
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218 
amended by section 3106, is further amended by adding 
at the end the following: 
‘‘(G) Noncitizens who have earned a doctoral 
degree in a field of science, technology, engineering, 
or mathematics from an accredited United States in-
stitution of higher education.’’. 
(b) DEFINITIONS.—Section 204 of the Immigration 
and Nationality Act (8 U.S.C. 1154) is amended by add-
ing at the end the following: 
‘‘(m) DOCTORAL STEM GRADUATES FROM ACCRED-
ITED UNITED STATES UNIVERSITIES.—For purposes of 
section 201(b)(1)— 
‘‘(1) the term ‘field of science, technology, engi-
neering, or mathematics’— 
‘‘(A) means a field included in the Depart-
ment of Education’s Classification of Instruc-
tional Programs taxonomy within the summary 
groups of computer and information sciences 
and support services, engineering, mathematics 
and statistics, physical sciences, and the sum-
mary group subsets of accounting and related 
services and taxation; and 
‘‘(B) may include, at the discretion of the 
Secretary of Homeland Security, other fields 
not specifically referred to in subparagraph (A) 
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if the accredited United States institution of 
higher education verifies that the core cur-
riculum for the specific field is primarily based 
in science, technology, engineering, or mathe-
matics; and 
‘‘(2) the term ‘accredited United States institu-
tion of higher education’ means an institution that— 
‘‘(A)(i) is described in section 101(a) of 
the Higher Education Act of 1965 (20 U.S.C. 
1001(a)); or 
‘‘(ii) is a proprietary institution of higher 
education (as defined in section 102(b) of such 
Act (20 U.S.C. 1002(b))); and 
‘‘(B) is accredited by an accrediting body 
that is itself accredited by— 
‘‘(i) the Department of Education; or 
‘‘(ii) the Council for Higher Edu-
cation Accreditation.’’. 
SEC. 3402. ADDRESSING VISA BACKLOGS. 
(a) NONCITIZENS NOT SUBJECT TO DIRECT NUMER-
ICAL LIMITATIONS.—Section 201(b)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1151(b)), as amended 
by section 3106 and 3401, is further amended by adding 
at the end the following: 
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‘‘(H) Noncitizens who are beneficiaries (includ-
ing derivative beneficiaries) of an approved immi-
grant petition bearing a priority date that is more 
than 10 years before the noncitizen’s application for 
admission as an immigrant or for adjustment of sta-
tus. 
‘‘(I) Noncitizens described in section 203(d).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date which is 60 days 
after the date of the enactment of this Act. 
SEC. 3403. ELIMINATING EMPLOYMENT-BASED PER COUN-
TRY LEVELS. 
(a) IN GENERAL.—Section 202(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1152(a)(2)), as 
amended by section 3103(a), is further amended— 
(1) in the paragraph heading, by striking ‘‘AND 
EMPLOYMENT-BASED’’; 
(2) by striking ‘‘(3), (4), and (5),’’ and insert-
ing ‘‘(3) and (4),’’; 
(3) by striking ‘‘subsections (a) and (b) of sec-
tion 203’’ and inserting ‘‘section 203(a)’’; and 
(4) by striking ‘‘such subsections’’ and inserting 
‘‘such section’’. 
(b) CONFORMING AMENDMENTS.—Section 202 of the 
Immigration and Nationality Act (8 U.S.C. 1152), as 
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(4) in paragraph (4), by striking ‘‘7.1’’ and in-
serting ‘‘5.85’’; and 
(5) in paragraph (5)(A), in the matter before 
clause (i), by striking ‘‘7.1’’ and inserting ‘‘5.85’’. 
SEC. 3405. FLEXIBLE ADJUSTMENTS TO EMPLOYMENT- 
BASED IMMIGRANT VISA PROGRAM. 
Section 203(b) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)), as amended by section 3404, is 
further amended by adding at the end the following: 
‘‘(7) GEOGRAPHIC
AND
LABOR
MARKET
AD-
JUSTMENTS.—The Secretary of Homeland Security, 
in consultation with the Secretary of Labor, may es-
tablish, by regulation, a procedure for temporarily 
limiting the admission of immigrants described in 
paragraphs (2) and (3) in geographic areas or labor 
market sectors that are experiencing high levels of 
unemployment.’’. 
SEC. 3406. REGIONAL ECONOMIC DEVELOPMENT IMMI-
GRANT VISA PILOT PROGRAM. 
(a) PILOT PROGRAM FOR REGIONAL ECONOMIC DE-
VELOPMENT VISAS.—Notwithstanding the numerical limi-
tations in the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.), the Secretary may establish a pilot program 
for the annual admission of not more than 10,000 admis-
sible immigrants whose employment is essential to the eco-
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nomic development strategies of the cities or counties in 
which they will live or work. 
(b) LABOR CERTIFICATION.—The requirements of 
section 212(a)(5) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(5)) shall apply to the pilot program au-
thorized under this section. 
(c) DURATION.—The Secretary shall determine the 
duration of the pilot program authorized under this sec-
tion, which may not exceed 5 years. 
(d) RULEMAKING.—The Secretary, in consultation 
with the Secretary of Labor, shall issue regulations to im-
plement the pilot program authorized under this section. 
SEC. 3407. WAGE-BASED CONSIDERATION OF TEMPORARY 
WORKERS. 
Section 212(p) is amended by adding at the end the 
following: 
‘‘(5) In determining the order in which visas shall be 
made available to nonimmigrants described in section 
101(a)(15)(H)(i)(b), and to any other category of non-
immigrants deemed appropriate by the Secretary of 
Homeland Security, the Secretary of Homeland Security, 
in consultation with the Secretary of Labor, may issue 
regulations to establish procedures for prioritizing such 
visas based on the wages offered by employers.’’. 
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SEC. 3408. CLARIFYING DUAL INTENT FOR POSTSEC-
ONDARY STUDENTS. 
(a) IN GENERAL.—Section 101(a)(15)(F)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(F)(i)) is amended by striking ‘‘an alien hav-
ing a residence in a foreign country which he has no inten-
tion of abandoning, who is a bona fide student qualified 
to pursue a full course of study and who’’ and inserting 
‘‘a noncitizen who is a bona fide student qualified to pur-
sue a full course of study, who (except for a student quali-
fied to pursue a full course of study at an institution of 
higher education) has a residence in a foreign country 
which the noncitizen has no intention of abandoning, and 
who’’. 
(b) CONFORMING AMENDMENTS.—Section 214 of the 
Immigration and Nationality Act (8 U.S.C. 1184) is 
amended— 
(1) in subsection (b), by striking ‘‘(other than 
a nonimmigrant’’ and inserting ‘‘(other than a non-
immigrant described in section 101(a)(15)(F) if the 
noncitizen is qualified to pursue a full course of 
study at an institution of higher education, other 
than a nonimmigrant’’; and 
(2) in subsection (h), by inserting ‘‘(F) (if the 
noncitizen is qualified to pursue a full course of 
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study at an institution of higher education),’’ before 
‘‘H(i)(b)’’. 
SEC. 3409. H–4 VISA REFORM. 
(a) PROTECTING CHILDREN WITH H–4 VISAS WHO 
AGE OUT OF STATUS.— 
(1) IN GENERAL.—Section 214(g)(4) of the Im-
migration and Nationality Act (8 U.S.C. 1184(g)(4)) 
is amended to read as follows: 
‘‘(4)(A) Except as provided in subparagraphs 
(B) and (C), the period of authorized admission of 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(i)(b) may not exceed 6 years. 
‘‘(B) The Secretary of Homeland Security may 
grant an extension of nonimmigrant status under 
section 101(a)(15)(H)(i)(b) to a nonimmigrant until 
such nonimmigrant’s application for adjustment of 
status has been processed if such nonimmigrant— 
‘‘(i) is the beneficiary of a petition filed 
under section 204(a) for a preference status 
under paragraph (1), (2), or (3) of section 
203(b); and 
‘‘(ii) is eligible to be granted such status. 
‘‘(C) A child of a nonimmigrant described in 
subparagraph (B) who accompanied or followed to 
join such nonimmigrant may apply for and receive 
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an extension of his or her nonimmigrant status re-
gardless of age, if— 
‘‘(i) the nonimmigrant parent described in 
subparagraph (B) maintains his or her non-
immigrant status; and 
‘‘(ii) the child was younger than 18 years 
of age when he or she was first granted non-
immigrant status as a noncitizen accompanying 
or following to join such nonimmigrant par-
ent.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
203(h) of the Immigration and Nationality Act (8 
U.S.C. 1153(h)) is amended by adding at the end 
the following: 
‘‘(5) H–4 VISA
HOLDERS.—Notwithstanding 
paragraph (1), a determination of whether a non-
immigrant described in section 214(g)(4)(C) satisfies 
the age requirement for purposes of a derivative visa 
or adjustment of status application under paragraph 
(1), (2), or (3) of section 203(b) shall be made using 
the age of the nonimmigrant on the date on which 
the petitioner files a petition on behalf of the parent 
beneficiary with the Secretary of Homeland Security 
(or the Secretary of State, if applicable), unless the 
filing of the petition was preceded by the filing of a 
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228 
labor certification with the Secretary of Labor, in 
which case that date shall be used to identify the 
age of such nonimmigrant.’’. 
(b) 
WORK
AUTHORIZATION
FOR
H–4 
NON-
IMMIGRANTS.—Section 214 of the Immigration and Na-
tionality Act (8 U.S.C. 1184), as amended by subsection 
(a)(1), is further amended by adding at the end the fol-
lowing: 
‘‘(s) WORK
AUTHORIZATION
FOR
H–4 NON-
IMMIGRANTS.—The Secretary of Homeland Security shall 
authorize a nonimmigrant spouse or child who is accom-
panying or following to join a nonimmigrant described in 
section 101(a)(15)(H)(i)(b) to engage in employment in 
the United States and shall provide such nonimmigrant 
spouse or child with an ‘employment authorized’ endorse-
ment or other appropriate work permit.’’. 
SEC. 3410. EXTENSIONS RELATED TO PENDING PETITIONS. 
Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184), as amended by sections 1204(b), 
3107(b), 3408(b), and 3409, is further amended by add-
ing at the end the following: 
‘‘(t) EXTENSION OF STATUS IN CASES OF LENGTHY 
ADJUDICATIONS.— 
‘‘(1) EXEMPTION
FROM
LIMITATIONS.—Not-
withstanding subsections (c)(2)(D), (g)(4), and 
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(m)(1)(B)(i), the authorized stay of a noncitizen who 
was previously issued a visa or otherwise provided 
nonimmigrant status under subparagraph (F), 
(H)(i)(B), (L), or (O) of section 101(a)(15) may be 
extended pursuant to paragraph (2) if 365 days or 
more have elapsed since the filing of— 
‘‘(A) an application for labor certification 
under section 212(a)(5)(A) if certification is re-
quired or used by a noncitizen to obtain status 
under section 203(b); or 
‘‘(B) a petition described in section 204(b) 
to obtain immigrant status under section 
203(b). 
‘‘(2) EXTENSION OF STATUS.—The Secretary 
of Homeland Security shall extend the stay of a non-
citizen who qualifies for an extension under para-
graph (1) in 1-year increments until a final decision 
is made— 
‘‘(A) to deny the application described in 
paragraph (1)(A) or, in a case in which such 
application is granted, to deny a petition de-
scribed in paragraph (1)(B) filed on behalf of 
the noncitizen pursuant to such grant; 
‘‘(B) to deny the petition described in 
paragraph (1)(B); or 
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‘‘(C) to grant or deny the noncitizen’s ap-
plication for an immigrant visa or adjustment 
of status to that of a noncitizen lawfully admit-
ted for permanent residence. 
‘‘(3) WORK AUTHORIZATION.—The Secretary of 
Homeland Security shall authorize any noncitizen 
whose stay is extended under this subsection to en-
gage in employment in the United States and pro-
vide such noncitizen with an ‘employment authorized 
endorsement’ or other appropriate work permit.’’. 
Subtitle E—Promoting Immigrant 
and Refugee Integration 
SEC. 3501. DEFINITION OF FOUNDATION. 
In this subtitle, the term ‘‘Foundation’’ means the 
United States Citizenship and Integration Foundation es-
tablished under section 3502. 
SEC. 3502. UNITED STATES CITIZENSHIP AND INTEGRATION 
FOUNDATION. 
(a) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Director of U.S. Citizenship and Immigration 
Services, shall establish a nonprofit corporation or a not- 
for-profit, public benefit, or similar entity, which shall be 
known as the ‘‘United States Citizenship and Integration 
Foundation’’. 
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(b) GIFTS TO FOUNDATION.—To carry out the pur-
poses set forth in subsection (c), the Foundation may— 
(1) solicit, accept, and make gifts of money and 
other property in accordance with section 501(c)(3) 
of the Internal Revenue Code of 1986; 
(2) engage in coordinated work with the De-
partment of Homeland Security, including U.S. Citi-
zenship and Immigration Services; and 
(3) accept, hold, administer, invest, and spend 
any gift, devise, or bequest of real or personal prop-
erty made to the Foundation. 
(c) PURPOSES.—The purposes of the Foundation 
are— 
(1) to spur innovation in the promotion and ex-
pansion of citizenship preparation programs for law-
ful permanent residents; 
(2) to evaluate and identify best practices in 
citizenship promotion and preparation and to make 
recommendations to the Secretary about how to 
bring such best practices to scale; 
(3) to support direct assistance for noncitizens 
seeking lawful permanent resident status or natu-
ralization as a United States citizen; and 
(4) to coordinate immigrant integration with 
State and local entities. 
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(d) ACTIVITIES.—The Foundation shall carry out the 
purposes described in subsection (c) by— 
(1) making United States citizenship instruc-
tion and naturalization application services acces-
sible to low-income and other underserved lawful 
permanent resident populations; 
(2) developing, identifying, and sharing best 
practices in United States citizenship promotion and 
preparation; 
(3) supporting innovative and creative solutions 
to barriers faced by noncitizens seeking naturaliza-
tion; 
(4) increasing the use of, and access to, tech-
nology in United States citizenship preparation pro-
grams; 
(5) engaging communities receiving immigrants 
in the United States citizenship and civic integration 
process; 
(6) fostering public education and awareness; 
(7) coordinating the immigrant integration ef-
forts of the Foundation with such efforts of U.S. 
Citizenship and Immigration Services; and 
(8) awarding grants to State and local govern-
ments under section 3503. 
(e) COUNCIL OF DIRECTORS.— 
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(1) MEMBERS.—To the extent consistent with 
section 501(c)(3) of the Internal Revenue Code of 
1986, the Foundation shall have a council of direc-
tors (referred to in this section as the ‘‘Council’’), 
which shall be comprised of— 
(A) the Director of U.S. Citizenship and 
Immigration Services; and 
(B) 10 individuals appointed by the Direc-
tor of U.S. Citizenship and Immigration Serv-
ices. 
(2) QUALIFICATIONS.—In appointing individ-
uals under paragraph (1)(B), the Director of U.S. 
Citizenship and Immigration Services shall consider 
individuals with experience in national private and 
public nonprofit organizations that promote and as-
sist lawful permanent residents with naturalization. 
(3) TERMS.—A member of the Council de-
scribed in paragraph (1)(B) shall be appointed for a 
term of 4 years, except that, of the members first 
appointed, 5 members shall be appointed for a term 
of 2 years, which may be followed by renewable 4- 
year terms. 
(f) EXECUTIVE DIRECTOR.— 
(1) IN GENERAL.—The Council shall, by major-
ity vote, appoint for 6-year renewable terms an exec-
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utive director of the Foundation, who shall oversee 
the day-to-day operations of the Foundation. 
(2) RESPONSIBILITIES.—The executive director 
shall carry out the purposes described in subsection 
(c) on behalf of the Foundation by— 
(A) accepting, holding, administering, in-
vesting, and spending any gift, devise, or be-
quest of real or personal property made to the 
Foundation; 
(B) entering into contracts and other fi-
nancial assistance agreements with individuals, 
public or private organizations, professional so-
cieties, and government agencies to carry out 
the purposes of the Foundation; 
(C) entering into such other contracts, 
leases, cooperative agreements, and other trans-
actions as the executive director considers ap-
propriate to carry out the activities of the 
Foundation; and 
(D) charging such fees for professional 
services furnished by the Foundation as the ex-
ecutive director considers reasonable and appro-
priate. 
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(g) TIMELINE.—The Foundation shall be established 
and operational not later than 1 year after the date of 
the enactment of this Act. 
SEC. 3503. PILOT PROGRAM TO PROMOTE IMMIGRANT IN-
TEGRATION AT STATE AND LOCAL LEVELS. 
(a) GRANTS AUTHORIZED.—The Chief of the Office 
of Citizenship of U.S. Citizenship and Immigration Serv-
ices (referred to in this section as the ‘‘Chief’’) shall estab-
lish a pilot program through which the Chief may award 
grants, on a competitive basis, to States and local govern-
ments and other qualifying entities in collaboration with 
States and local governments— 
(1) to establish new immigrant councils to carry 
out programs to integrate new immigrants; and 
(2) to carry out programs to integrate new im-
migrants. 
(b) QUALIFYING
ENTITIES.—Qualifying entities 
under this section may include— 
(1) an educational institution; 
(2) a private organization; 
(3) a community-based organization; or 
(4) a nonprofit organization. 
(c) APPLICATION.—A State or local government, or 
other qualifying entity in collaboration with a State or 
local government, seeking a grant under this section shall 
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submit an application to the Chief at such time, in such 
manner, and containing such information as the Chief 
may reasonably require, including— 
(1) a proposal to carry out 1 or more activities 
described in subsection (d)(3); 
(2) the estimated number of new immigrants 
residing in the geographic area of the applicant; and 
(3) a description of the challenges in intro-
ducing and integrating new immigrants into the 
State or local community. 
(d) ACTIVITIES.—A grant awarded under this sub-
section shall be used— 
(1) to form a new immigrant council, which 
shall— 
(A) consist of not fewer than 15 individ-
uals and not more than 19 representatives of 
the State or local government or qualifying or-
ganization, as applicable; 
(B) include, to the extent practicable, rep-
resentatives from— 
(i) business; 
(ii) faith-based organizations; 
(iii) civic organizations; 
(iv) philanthropic organizations; 
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(v) nonprofit organizations, including 
nonprofit organizations with legal and ad-
vocacy experience working with immigrant 
communities; 
(vi) key education stakeholders, such 
as State educational agencies, local edu-
cational agencies (as defined in section 
8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801)), 
community colleges, and teachers; 
(vii) State adult education offices; 
(viii) State or local public libraries; 
and 
(ix) State or local governments; and 
(C) meet not less frequently than quar-
terly; 
(2) to provide subgrants to local communities, 
city governments, municipalities, nonprofit organiza-
tions (including veterans’ and patriotic organiza-
tions), or other qualifying entities; 
(3) to develop, implement, expand, or enhance 
a comprehensive plan to introduce and integrate new 
immigrants into the applicable State by— 
(A) improving English language skills; 
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(B) engaging caretakers with limited 
English proficiency in their child’s education 
through interactive parent and child literacy ac-
tivities; 
(C) improving and expanding access to 
workforce training programs; 
(D) teaching United States history, civics 
education, and citizenship rights and respon-
sibilities; 
(E) promoting an understanding of the 
form of government and history of the United 
States and the principles of the Constitution of 
the United States; 
(F) improving financial literacy; and 
(G) focusing on other key areas of impor-
tance to integration in United States society; 
and 
(4) to engage communities receiving immigrants 
in the citizenship and civic integration process by— 
(A) increasing local service capacity; 
(B) building meaningful connections be-
tween new immigrants and long-time residents; 
(C) communicating the contributions of 
communities receiving new immigrants; and 
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(D) engaging leaders from all sectors of 
the community. 
(e) REPORTING AND EVALUATION.— 
(1) ANNUAL REPORT.—Not less frequently than 
annually, each recipient of a grant under this section 
shall submit to the Chief a report that describes, for 
the preceding calendar year— 
(A) the activities undertaken by the grant 
recipient, including the manner in which such 
activities meet the goals of the Foundation and 
the comprehensive plan referred to in sub-
section (d)(3); 
(B) the geographic area being served; 
(C) the estimated number of immigrants in 
such area; and 
(D) the primary languages spoken in such 
area. 
(2) ANNUAL EVALUATION.—Not less frequently 
than annually, the Chief shall conduct an evaluation 
of the grant program under this section— 
(A) to assess and improve the effectiveness 
of the grant program; 
(B) to assess the future needs of immi-
grants and of State and local governments with 
respect to immigrants; and 
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(C) to ensure that grantees, recipients, and 
subgrantees are acting within the scope and 
purpose of this section. 
SEC. 3504. ENGLISH AS A GATEWAY TO INTEGRATION 
GRANT PROGRAM. 
(a) AUTHORIZATION.—The Assistant Secretary for 
Career, Technical, and Adult Education in the Depart-
ment of Education (referred to in this section as the ‘‘As-
sistant Secretary’’) shall award English as a Gateway to 
Integration grants to eligible entities. 
(b) ELIGIBILITY.—An entity eligible to receive a 
grant under this section is a State or unit of local govern-
ment, a private organization, an educational institution, 
a community-based organization, or a nonprofit organiza-
tion that— 
(1) in the case of any applicant that has pre-
viously received a grant under this section, uses 
matching funds from non-Federal sources, which 
may include in-kind contributions, equal to 25 per-
cent of the amount received from the English as a 
Gateway to Integration program to carry out such 
program; 
(2) submits to the Assistant Secretary an appli-
cation at such time, in such manner, and containing 
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such information as the Assistant Secretary may 
reasonably require, including— 
(A) a description of the target population 
to be served, including demographics, literacy 
levels, and English language levels of the target 
population; and 
(B) the assessment and performance meas-
ures that the grant recipient plans to use to 
evaluate the English language learning progress 
of students and overall success of the instruc-
tion and program; 
(3) demonstrates collaboration with public and 
private entities to provide the instruction and assist-
ance described in subsection (c)(1); 
(4) provides English language programs that— 
(A) teach English language skills to limited 
English proficient (LEP) individuals who— 
(i) have less than a United States 
high school diploma; or 
(ii) are parents who are caretakers of 
young children; 
(B) support and promote the social, eco-
nomic, and civic integration of adult English 
language learners and their families; 
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(C) equip adult English language learners 
for ongoing, independent study and learning be-
yond the classroom or formal instruction; and 
(D) incorporate the use of technology to 
help students develop digital literacy skills; and 
(5) is located in— 
(A) 1 of the 10 States with the highest 
rate of foreign-born residents; or 
(B) a State that has experienced a large 
increase in the population of immigrants during 
the most recent 10-year period, based on data 
compiled by the Office of Immigration Statistics 
or the Census Bureau. 
(c) USE OF FUNDS.— 
(1) IN GENERAL.—Funds awarded under this 
section shall be used to provide English language in-
struction to adult English language learners. Such 
instruction shall advance the integration of students 
to help them— 
(A) build their knowledge of United States 
history and civics; 
(B) prepare for United States citizenship 
and the naturalization process; 
(C) gain digital literacy; 
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(D) understand and navigate the early 
childhood, K–12, and postsecondary education 
systems; 
(E) gain financial literacy; 
(F) build an understanding of the housing 
market and systems in the United States; 
(G) learn about and access the United 
States, State, and local health care systems; 
(H) prepare for a high school equivalency 
diploma or postsecondary training or education; 
and 
(I) prepare for and secure employment. 
(2) DESIGN
OF
PROGRAM.—Funds awarded 
under this section shall be used to support an in-
structional program that may include the following 
elements: 
(A) English language instruction in a 
classroom setting, provided that such setting is 
in a geographic location accessible to the popu-
lation served. 
(B) Online English language instruction 
and distance learning platforms. 
(C) Educational support and specialized 
instruction for English language learners with 
low levels of literacy in their first language. 
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(D) Other online and digital components, 
including the use of mobile phones. 
(d) CERTIFICATION.—To receive a payment under 
this section, a participating entity shall submit to the As-
sistant Secretary a certification that the proposed uses of 
grant funds by the entity are consistent with this section 
and meet all necessary criteria determined by the Assist-
ant Secretary. 
(e) ANNUAL REPORT AND EVALUATION.—Not later 
than 90 days after the end of each fiscal year for which 
an entity receives grant funds under this section, the enti-
ty shall submit to the Assistant Secretary the following: 
(1) A report that describes— 
(A) the activities undertaken by the entity 
that were funded entirely or partially by the 
grant funds; 
(B) the geographic area served by the 
grant funds; 
(C) the number of immigrants in such 
area; 
(D) the primary languages spoken in such 
area; 
(E) the number of adult English language 
learners receiving assistance that was funded 
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entirely or partially by grant funds received by 
the entity; and 
(F) a breakdown of the costs of the in-
struction services provided and the average per 
capita cost of providing such instruction. 
(2) An evaluation of any program of the entity 
using grant funds under this section, including— 
(A) an assessment of— 
(i) the effectiveness of such program 
and recommendations for improving the 
program; and 
(ii) whether the English language in-
struction needs of the geographic area 
served have been met; and 
(B) in the case of an assessment under 
subparagraph (A)(ii) that such needs have not 
been met, a description of the additional assist-
ance required to meet such needs. 
(f) DEFINITIONS.—In this section: 
(1) ADULT
ENGLISH
LANGUAGE
LEARNER.— 
The term ‘‘adult English language learner’’ refers to 
an individual age 16 years and older who is not en-
rolled in secondary school and who is limited English 
proficient. 
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(2) ENGLISH
LANGUAGE
LEARNER; LIMITED 
ENGLISH
PROFICIENT.—The terms ‘‘English lan-
guage learner’’ and ‘‘limited English proficient’’ de-
scribe an individual who does not speak English as 
their primary language and who has a limited ability 
to read, speak, write, or understand English. 
(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$100,000,000 for fiscal years 2022 through 2023. 
SEC. 3505. WORKFORCE DEVELOPMENT AND SHARED 
PROSPERITY GRANT PROGRAM. 
(a) DECLARATION OF POLICY.—It is the policy of the 
United States— 
(1) that adults have adequate and equitable ac-
cess to education and workforce programs that— 
(A) help them learn basic skills in reading, 
writing, mathematics, and the English lan-
guage; and 
(B) equip them with occupational skills 
needed to secure or advance in employment, fill 
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employer needs, and support themselves and 
their families; 
(2) that helping adults with limited skills to at-
tain industry-recognized postsecondary credentials 
strengthens the economy; and 
(3) that workforce programs for adults with 
limited skills should incorporate an integrated edu-
cation and training approach that allows adults to 
acquire basic skills while pursuing occupational or 
industry-specific training. 
(b) AUTHORIZATION.—The Assistant Secretary for 
Career, Technical, and Adult Education at the Depart-
ment of Education (referred to in this section as the ‘‘As-
sistant Secretary’’) shall award Workforce Development 
and Shared Prosperity grants, on a competitive basis, to 
States or local governments, or other qualifying entities 
described in subsection (c) in collaboration with States 
and local governments. 
(c) 
QUALIFYING
ENTITIES.—Qualifying 
entities 
under this section may include— 
(1) an educational institution; 
(2) a private organization; 
(3) a community-based organization; or 
(4) a nonprofit organization. 
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(d) ELIGIBILITY.—A State or local government, or a 
qualifying entity in collaboration with a State or local gov-
ernment, is eligible to receive a grant under this section 
provided that the State or local government or entity— 
(1) supports and promotes the economic inte-
gration of immigrants and refugees and their fami-
lies; 
(2) has expertise in workforce development and 
adult education for the purpose of developing and 
implementing State or local programs of integrated 
education and training; 
(3) in carrying out the grant program, has, or 
collaborates with at least 1 entity that has— 
(A) expertise in workforce development for 
immigrants and refugees; and 
(B) expertise in adult education of immi-
grants and refugees; 
(4) uses matching funds from non-Federal 
sources, which may include in-kind contributions, 
equal to 25 percent of the amount received from the 
Workforce Development and Shared Prosperity 
grant program; and 
(5) submits to the Assistant Secretary an appli-
cation at such time, in such manner, and containing 
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such information as the Assistant Secretary may 
reasonably require, including— 
(A) a description of the target population 
to be served, including demographics, English 
language levels, educational levels, and skill lev-
els; 
(B) the specific integrated education and 
training instructional model to be implemented; 
(C) how the program will be designed and 
implemented by educators with expertise in 
adult education, English language instruction, 
and occupational skills training; 
(D) how the program will prepare students 
to receive a high school equivalency credential; 
(E) how the program will prepare students 
to receive a postsecondary credential; 
(F) the occupations or industries for which 
the program will prepare students for employ-
ment; 
(G) evidence of employer demand for the 
skills or occupational training offered by the 
grant program; 
(H) the extent to which the program re-
duces the time required for students to acquire 
English and workforce skills; 
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(I) how the program will increase digital 
literacy skills; 
(J) how the program will provide student 
support services, including guidance counseling, 
so as to promote student success; and 
(K) the assessment and performance meas-
ures that the grant recipient plans to use to 
evaluate— 
(i) the progress of adult learners in 
acquiring basic skills such as reading, writ-
ing, mathematics, and the English lan-
guage; and 
(ii) the success of the grant program 
in preparing students for employment and 
in helping them find employment or ad-
vance in employment. 
(e) CERTIFICATION.—To receive a payment under 
this section, a participating entity shall submit to the As-
sistant Secretary a certification that the proposed uses of 
grant funds by the entity are consistent with this section 
and meet all necessary criteria determined by the Assist-
ant Secretary. 
(f) TECHNICAL ASSISTANCE.—The Assistant Sec-
retary shall provide technical assistance to adult education 
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providers on how to provide integrated education and 
training. 
(g) ANNUAL REPORT AND EVALUATION.—Not later 
than 90 days after the end of each fiscal year for which 
an entity receives grant funds under this section, the enti-
ty shall submit to the Assistant Secretary the following: 
(1) A report that describes— 
(A) the activities undertaken by the entity 
that were funded entirely or partially by the 
grant funds; 
(B) the geographic area served by the 
grant funds; 
(C) the number of immigrants in such 
area; 
(D) the primary languages spoken in such 
area; and 
(E) a breakdown of the costs of each of 
the services provided and the average per capita 
cost of providing such services. 
(2) An evaluation of any program of the entity 
using grant funds under this section, including— 
(A) an assessment of— 
(i) the effectiveness of such program 
and recommendations for improving the 
program; and 
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(ii) whether the adult education and 
workforce development needs of the geo-
graphic area served have been met; and 
(B) in the case of an assessment under 
subparagraph (A)(ii) that such needs have not 
been met, a description of the additional assist-
ance required to meet such needs. 
(h) DEFINITIONS.—In this section: 
(1) ADULT EDUCATION.—The term ‘‘adult edu-
cation’’ means academic instruction and education 
services below the postsecondary level that increase 
an individual’s ability to read, write, speak, and un-
derstand English and perform mathematical or other 
activities necessary to attain a secondary school di-
ploma or its recognized equivalent, to transition to 
postsecondary education and training, or to obtain 
employment. 
(2) INTEGRATED EDUCATION AND TRAINING.— 
The term ‘‘integrated education and training’’ 
means instruction that provides adult education, lit-
eracy, and English language activities concurrently 
and contextually with workforce preparation activi-
ties and workforce training for a specific occupation 
or occupational cluster for the purpose of edu-
cational and career advancement. 
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(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$100,000,000 for fiscal years 2022 through 2023. 
SEC. 3506. EXISTING CITIZENSHIP EDUCATION GRANTS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to the Secretary not less than $25,000,000 for the 
purpose of awarding grants to public or private nonprofit 
entities for citizenship education and training (as de-
scribed in number 97.010 of the Catalog of Federal Do-
mestic Assistance), to remain available until expended. 
(b) CONSIDERATION OF GRANT RECIPIENTS.—With 
respect to grants administered and awarded to public or 
private nonprofit organizations by the Secretary, unless 
otherwise required by law, in making determinations about 
such grants, the Secretary may not consider an entity’s 
enrollment in or use of the E-Verify Program described 
in section 403(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note). 
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SEC. 3507. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI-
CANTS. 
(a) ESTABLISHMENT.—The Secretary shall establish, 
within U.S. Citizenship and Immigration Services, a pro-
gram to award grants, on a competitive basis, to eligible 
nonprofit organizations to carry out a program described 
in subsection (c) for the purpose of assisting applicants 
for status under sections 245B, 245C, 245D, 245E, and 
245F of the Immigration and Nationality Act. 
(b) ELIGIBLE NONPROFIT ORGANIZATION.—A non-
profit organization eligible to receive a grant under this 
section is a nonprofit tax-exempt organization, including 
a community, faith-based, or other immigrant-serving or-
ganization, the staff of which has demonstrated qualifica-
tions, experience, and expertise in providing quality serv-
ices to immigrants, refugees, noncitizens granted asylum, 
or noncitizens applying for such statuses. 
(c) USE OF FUNDS.—Grant funds awarded under 
this section may be used for the design and implementa-
tion of programs that provide— 
(1) information to the public relating to eligi-
bility for and benefits of lawful prospective immi-
grant status under section 245B of the Immigration 
and Nationality Act, particularly to individuals who 
may be eligible for such status; 
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(2) assistance, within the scope of authorized 
practice of immigration law, to individuals in sub-
mitting applications for lawful prospective immi-
grant status, including— 
(A) screening prospective applicants to as-
sess eligibility for such status; 
(B) completing applications and petitions, 
including providing assistance in obtaining the 
requisite documents and supporting evidence; 
(C) applying for any waivers for which ap-
plicants and qualifying family members may be 
eligible; and 
(D) providing any other assistance that the 
Secretary or grantees consider useful or nec-
essary in applying for lawful prospective immi-
grant status; 
(3) assistance, within the scope of authorized 
practice of immigration law, to individuals seeking to 
adjust their status to that of a lawful permanent 
resident under section 245C, 245D, 245E, or 245F 
of the Immigration and Nationality Act; 
(4) instruction to individuals with respect to— 
(A) the rights and responsibilities of 
United States citizenship; and 
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(B) civics and civics-based English as a 
second language; and 
(5) assistance, within the scope of authorized 
practice of immigration law, to individuals seeking to 
apply for United States citizenship. 
(d) SOURCE OF GRANT FUNDS.—To carry out this 
section, the Secretary may use not more than $50,000,000 
from the Immigration Examinations Fee Account pursu-
ant to section 286(m) of the Immigration and Nationality 
Act (U.S.C. 1356(m)). 
(e) 
AVAILABILITY
OF
APPROPRIATIONS.—Any 
amounts appropriated to carry out this section shall re-
main available until expended. 
SEC. 3508. STUDY ON FACTORS AFFECTING EMPLOYMENT 
OPPORTUNITIES FOR IMMIGRANTS AND REF-
UGEES WITH PROFESSIONAL CREDENTIALS 
OBTAINED IN FOREIGN COUNTRIES. 
(a) IN GENERAL.—The Secretary of Labor, in coordi-
nation with the Secretary of State, the Secretary of Edu-
cation, the Secretary of Health and Human Services, the 
Secretary of Commerce, the Secretary, the Administrator 
of the Internal Revenue Service, and the Commissioner of 
the Social Security Administration, shall conduct a study 
on the factors affecting employment opportunities in the 
United States for applicable immigrants and refugees with 
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professional credentials obtained in countries other than 
the United States. 
(b) ELEMENTS.—The study required by subsection 
(a) shall include the following: 
(1) An analysis of the employment history of 
applicable immigrants and refugees admitted to the 
United States during the most recent 5-year period 
for which data are available at the time of the study, 
including, to the extent practicable— 
(A) an analysis of the employment held by 
applicable immigrants and refugees before im-
migrating to the United States as compared to 
the employment obtained in the United States, 
if any, since the arrival of such applicable immi-
grants and refugees; and 
(B) a consideration of the occupational and 
professional credentials and academic degrees 
held by applicable immigrants and refugees be-
fore immigrating to the United States. 
(2) An assessment of any barrier that prevents 
applicable immigrants and refugees from using occu-
pational experience obtained outside the United 
States to obtain employment in the United States. 
(3) An analysis of existing public and private 
resources available to assist applicable immigrants 
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