I 
118TH CONGRESS 
1ST SESSION H. R. 3194 
To provide an earned path to citizenship, to address the root causes of 
migration and responsibly manage the southern border, and to reform 
the immigrant visa system, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2023 
Ms. SA´NCHEZ (for herself, Ms. LOFGREN, Ms. CHU, Ms. VELA´ZQUEZ, Ms. 
CLARKE of New York, Ms. BARRAGA´N, Ms. WASSERMAN SCHULTZ, Ms. 
BONAMICI, Ms. NORTON, Mr. POCAN, Ms. DELBENE, Ms. SCANLON, Mr. 
AUCHINCLOSS, Mr. PANETTA, Ms. WILLIAMS of Georgia, Ms. ROSS, Ms. 
GARCIA of Texas, Mr. SHERMAN, Mrs. DINGELL, Mr. CORREA, Mrs. 
WATSON COLEMAN, Mrs. NAPOLITANO, Mr. CARBAJAL, Mr. RUPPERS-
BERGER, Mr. BLUMENAUER, Mr. GOMEZ, Ms. JACOBS, Ms. PORTER, Ms. 
MOORE of Wisconsin, Ms. MENG, Mr. JOHNSON of Georgia, Ms. LEE of 
California, Mr. MCGOVERN, Mr. COSTA, Mr. CASTEN, Mr. CLEAVER, Mr. 
PALLONE, Mr. LARSON of Connecticut, Mr. EVANS, Mr. CARSON, Mr. 
VEASEY, Mr. LIEU, Mr. CASTRO of Texas, Mr. SOTO, Mrs. TRAHAN, Mr. 
RUIZ, Ms. ESCOBAR, Mr. GRIJALVA, Mr. PAYNE, Ms. PLASKETT, Mr. 
HUFFMAN, Mr. THOMPSON of California, Mr. NADLER, Ms. DEAN of 
Pennsylvania, Mr. SWALWELL, Ms. MATSUI, Mr. KILMER, Mr. QUIGLEY, 
Ms. SEWELL, Mr. BOYLE of Pennsylvania, Ms. MCCOLLUM, Ms. CASTOR 
of Florida, Mr. TRONE, Mr. TONKO, Mr. TORRES of New York, Ms. 
DEGETTE, Mr. SABLAN, Mr. THANEDAR, Mr. GARAMENDI, Mr. CARTER 
of Louisiana, Ms. WILSON of Florida, Ms. TLAIB, Ms. BROWNLEY, Ms. 
SALINAS, Ms. ADAMS, Mr. SMITH of Washington, Mr. TAKANO, Ms. 
UNDERWOOD, Mr. LARSEN of Washington, Mr. BEYER, Mr. GALLEGO, 
Ms. LOIS FRANKEL of Florida, Mr. RASKIN, Mr. MORELLE, Mrs. 
CHERFILUS-MCCORMICK, Ms. BLUNT ROCHESTER, Ms. TOKUDA, Ms. 
LEGER FERNANDEZ, Mr. DAVIS of Illinois, Mr. AGUILAR, Ms. CLARK of 
Massachusetts, Mr. MOULTON, Ms. JAYAPAL, Mrs. HAYES, Ms. STRICK-
LAND, Ms. STANSBURY, Mr. HIGGINS of New York, Mr. SCHIFF, Mr. 
VARGAS, Mr. CONNOLLY, and Mr. CA´RDENAS) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committees on Ways and Means, Armed Services, Education 
and the Workforce, House Administration, Financial Services, Natural 
Resources, Oversight and Accountability, Foreign Affairs, Homeland Se-
curity, Intelligence (Permanent Select), and Energy and Commerce, for 
a period to be subsequently determined by the Speaker, in each case for 
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consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide an earned path to citizenship, to address the 
root causes of migration and responsibly manage the 
southern border, and to reform the immigrant visa sys-
tem, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘U.S. Citizenship Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Terminology with respect to noncitizens. 
TITLE I—EARNED PATH TO CITIZENSHIP AND OTHER REFORMS 
Subtitle A—Earned Path to Citizenship 
Sec. 1101. Lawful prospective immigrant status. 
Sec. 1102. Adjustment of status of lawful prospective immigrants. 
Sec. 1103. The Dream Act. 
Sec. 1104. The American Promise Act. 
Sec. 1105. The Agricultural Workers Adjustment Act. 
Sec. 1106. General provisions relating to adjustment of status. 
Subtitle B—Other Reforms 
Sec. 1201. V nonimmigrant visas. 
Sec. 1202. Expungement and sentencing. 
Sec. 1203. Petty offenses. 
Sec. 1204. Restoring fairness to adjudications. 
Sec. 1205. Judicial review. 
Sec. 1206. Modifications to naturalization provisions. 
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Sec. 1207. Relief for long-term legal residents of the Commonwealth of the 
Northern Mariana Islands. 
Sec. 1208. Government contracting and acquisition of real property interest. 
Sec. 1209. Conforming amendments to the Social Security Act. 
TITLE II—ADDRESSING THE ROOT CAUSES OF MIGRATION AND 
RESPONSIBLY MANAGING THE SOUTHERN BORDER 
Sec. 2001. Definitions. 
Subtitle A—Promoting the Rule of Law, Security, and Economic Development 
in Central America 
Sec. 2101. United States Strategy for Engagement in Central America. 
Sec. 2102. Securing support of international donors and partners. 
Sec. 2103. Combating corruption, strengthening the rule of law, and consoli-
dating democratic governance. 
Sec. 2104. Combating criminal violence and improving citizen security. 
Sec. 2105. Combating sexual, gender-based, and domestic violence. 
Sec. 2106. Tackling extreme poverty and advancing economic development. 
Sec. 2107. Authorization of appropriations for United States Strategy for En-
gagement in Central America. 
Subtitle B—Addressing Migration Needs by Strengthening Regional Humani-
tarian Responses for Refugees and Asylum Seekers in the Western Hemi-
sphere and Strengthening Repatriation Initiatives 
Sec. 2201. Expanding refugee and asylum processing in the Western Hemi-
sphere. 
Sec. 2202. Further strengthening regional humanitarian responses in the West-
ern Hemisphere. 
Sec. 2203. Information campaign on dangers of irregular migration. 
Sec. 2204. Identification, screening, and processing of refugees and other indi-
viduals eligible for lawful admission to the United States. 
Sec. 2205. Registration and intake. 
Sec. 2206. Central American Refugee Program. 
Sec. 2207. Central American Minors Program. 
Sec. 2208. Central American Family Reunification Parole Program. 
Sec. 2209. Informational campaign; case status hotline. 
Subtitle C—Managing the Border and Protecting Border Communities 
Sec. 2301. Expediting legitimate trade and travel at ports of entry. 
Sec. 2302. Deploying smart technology at the southern border. 
Sec. 2303. Independent oversight on privacy rights. 
Sec. 2304. Training and continuing education. 
Sec. 2305. GAO study of waiver of environmental and other laws. 
Sec. 2306. Establishment of Border Community Stakeholder Advisory Com-
mittee. 
Sec. 2307. Rescue beacons. 
Sec. 2308. Use of force. 
Sec. 2309. Office of Professional Responsibility. 
Subtitle D—Improving Border Infrastructure for Families and Children; 
Cracking Down on Criminal Organizations 
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Sec. 2401. Humanitarian and medical standards for individuals in U.S. Cus-
toms and Border Protection custody. 
Sec. 2402. Child welfare at the border. 
Sec. 2403. Office of Inspector General oversight. 
Sec. 2404. Enhanced investigation and prosecution of human smuggling net-
works and trafficking organizations. 
Sec. 2405. Enhanced penalties for organized smuggling schemes. 
Sec. 2406. Expanding financial sanctions on narcotics trafficking and money 
laundering. 
Sec. 2407. Support for transnational anti-gang task forces for countering crimi-
nal gangs. 
Sec. 2408. Hindering immigration, border, and customs controls. 
TITLE III—REFORM OF THE IMMIGRANT VISA SYSTEM 
Subtitle A—Promoting Family Reunification 
Sec. 3101. Recapture of immigrant visas lost to bureaucratic delay. 
Sec. 3102. Reclassification of spouses and minor children of lawful permanent 
residents as immediate relatives. 
Sec. 3103. Adjustment of family-sponsored per-country limits. 
Sec. 3104. Promoting family unity. 
Sec. 3105. Relief for orphans, widows, and widowers. 
Sec. 3106. Exemption from immigrant visa limit for certain veterans who are 
natives of the Philippines. 
Sec. 3107. Fiance´e or fiance´ child status protection. 
Sec. 3108. Retention of priority dates. 
Sec. 3109. Inclusion of permanent partners. 
Sec. 3110. Definition of child. 
Sec. 3111. Termination of conditional permanent resident status for certain 
noncitizen permanent partners and sons and daughters upon 
finding qualifying permanent partnership improper. 
Sec. 3112. Nationality at birth. 
Subtitle B—National Origin-Based Antidiscrimination for Nonimmigrants 
Sec. 3201. Expansion of nondiscrimination provision. 
Sec. 3202. Transfer and limitations on authority to suspend or restrict the 
entry of a class of noncitizens. 
Subtitle C—Diversity Immigrants 
Sec. 3301. Increasing diversity visas. 
Subtitle D—Reforming Employment-Based Immigration 
Sec. 3401. Doctoral STEM graduates from accredited United States univer-
sities. 
Sec. 3402. Addressing visa backlogs. 
Sec. 3403. Eliminating employment-based per country levels. 
Sec. 3404. Increased immigrant visas for other workers. 
Sec. 3405. Flexible adjustments to employment-based immigrant visa program. 
Sec. 3406. Regional Economic Development Immigrant Visa Pilot Program. 
Sec. 3407. Wage-based consideration of temporary workers. 
Sec. 3408. Clarifying dual intent for postsecondary students. 
Sec. 3409. H–4 visa reform. 
Sec. 3410. Extensions related to pending petitions. 
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Subtitle E—Promoting Immigrant and Refugee Integration 
Sec. 3501. Definition of Foundation. 
Sec. 3502. United States Citizenship and Integration Foundation. 
Sec. 3503. Pilot program to promote immigrant integration at State and local 
levels. 
Sec. 3504. English as a Gateway to Integration grant program. 
Sec. 3505. Workforce Development and Shared Prosperity grant program. 
Sec. 3506. Existing citizenship education grants. 
Sec. 3507. Grant program to assist eligible applicants. 
Sec. 3508. Study on factors affecting employment opportunities for immigrants 
and refugees with professional credentials obtained in foreign 
countries. 
Sec. 3509. In-State tuition rates for refugees, asylees, and certain special immi-
grants. 
Sec. 3510. Waiver of English requirement for senior new Americans. 
Sec. 3511. Naturalization for certain United States high school graduates. 
Sec. 3512. Naturalization ceremonies. 
Sec. 3513. National citizenship promotion program. 
Sec. 3514. Authorization of appropriations for Foundation and pilot program. 
TITLE IV—IMMIGRATION COURTS, FAMILY VALUES, AND 
VULNERABLE INDIVIDUALS 
Subtitle A—Promoting Efficient Processing of Asylum Seekers, Addressing 
Immigration Court Backlogs, and Efficiently Repatriating Migrants Ordered 
Removed 
Sec. 4101. Expanding alternatives to detention. 
Sec. 4102. Eliminating immigration court backlogs. 
Sec. 4103. Improved training for immigration judges and members of the 
Board of Immigration Appeals. 
Sec. 4104. New technology to improve court efficiency. 
Sec. 4105. Court appearance compliance and legal orientation. 
Sec. 4106. Improving court efficiency and reducing costs by increasing access 
to legal information. 
Sec. 4107. Facilitating safe and efficient repatriation. 
Subtitle B—Protecting Family Values and Monitoring and Caring for 
Unaccompanied Noncitizen Children After Arrival 
Sec. 4201. Definition of local educational agency. 
Sec. 4202. Responsibility of sponsor for immigration court compliance and child 
well-being. 
Sec. 4203. Funding to school districts for unaccompanied noncitizen children. 
Sec. 4204. School enrollment. 
Subtitle C—Admission and Protection of Refugees, Asylum Seekers, and 
Other Vulnerable Individuals 
Sec. 4301. Elimination of time limits on asylum applications. 
Sec. 4302. Increasing annual numerical limitation on U visas. 
Sec. 4303. Employment authorization for asylum seekers and other individuals. 
Sec. 4304. Enhanced protection for individuals seeking T visas, U visas, and 
protection under VAWA. 
Sec. 4305. Alternatives to detention. 
Sec. 4306. Notification of proceedings. 
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Sec. 4307. Conversion of certain petitions. 
Sec. 4308. Improvements to application process for Afghan special immigrant 
visas. 
Sec. 4309. Special immigrant status for certain surviving spouses and children. 
Sec. 4310. Special immigrant status for certain Syrians who worked for the 
United States Government in Syria. 
Sec. 4311. Authorization of appropriations. 
TITLE V—EMPLOYMENT AUTHORIZATION AND PROTECTING 
WORKERS FROM EXPLOITATION 
Sec. 5101. Commission on Employment Authorization. 
Sec. 5102. Power Act. 
Sec. 5103. Additional civil penalty. 
Sec. 5104. Continued application of workforce and labor protection remedies. 
Sec. 5105. Prohibition on discrimination based on national origin or citizenship 
status. 
Sec. 5106. Fairness for farmworkers. 
Sec. 5107. Protections for migrant and seasonal laborers. 
Sec. 5108. Directive to the United States Sentencing Commission. 
Sec. 5109. Labor Law Enforcement Fund. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) IN GENERAL.—Any term used in this Act 
that is used in the immigration laws shall have the 
meaning given such term in the immigration laws. 
(2) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given the term in section 
101(a) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 3. TERMINOLOGY WITH RESPECT TO NONCITIZENS. 
(a) IMMIGRATION AND NATIONALITY ACT.— 
(1) IN GENERAL.—The Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) is amended— 
(A) in section 101(a) (8 U.S.C. 1101(a))— 
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(i) by striking paragraph (3) and in-
serting the following: 
‘‘(3) NONCITIZEN.—The term ‘noncitizen’ means any 
person not a citizen or national of the United States.’’; 
and 
(ii) by adding at the end the fol-
lowing: 
‘‘(53) NONCITIZENSHIP.—The term ‘noncitizenship’ 
means the condition of being a noncitizen.’’; 
(B) by striking ‘‘an alien’’ each place it ap-
pears and inserting ‘‘a noncitizen’’; 
(C) by striking ‘‘An alien’’ each place it 
appears and inserting ‘‘A noncitizen’’; 
(D) by striking ‘‘alien’’ each place it ap-
pears and inserting ‘‘noncitizen’’; 
(E) by striking ‘‘aliens’’ each place it ap-
pears and inserting ‘‘noncitizens’’; 
(F) by striking ‘‘alien’s’’ each place it ap-
pears and inserting ‘‘noncitizen’s’’; and 
(G) by striking ‘‘alienage’’ each place it 
appears and inserting ‘‘noncitizenship’’. 
(2) HEADINGS.—The Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.) is amended— 
(A) in the title and chapter headings— 
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(i) by striking ‘‘ALIEN’’ each place 
it appears and inserting ‘‘NONCIT-
IZEN’’; and 
(ii) by striking ‘‘ALIENS’’ each 
place it appears and inserting ‘‘NON-
CITIZENS’’; 
(B) in the section headings— 
(i) by striking ‘‘ALIEN’’ each place it 
appears and inserting ‘‘NONCITIZEN’’; 
(ii) by striking ‘‘ALIENS’’ each place 
it appears and inserting ‘‘NONCITIZENS’’; 
and 
(iii) by striking ‘‘ALIENAGE’’ each 
place it appears and inserting ‘‘NONCITI-
ZENSHIP’’; 
(C) in the subsection headings— 
(i) by striking ‘‘ALIEN’’ each place it 
appears and inserting ‘‘NONCITIZEN’’; and 
(ii) by striking ‘‘ALIENS’’ each place it 
appears and inserting ‘‘NONCITIZENS’’; 
and 
(D) in the paragraph, subparagraph, 
clause, subclause, item, and subitem headings— 
(i) by striking ‘‘ALIEN’’ each place it 
appears and inserting ‘‘NONCITIZEN’’; 
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(ii) by striking ‘‘ALIEN’’ each place it 
appears and inserting ‘‘NONCITIZEN’’; 
(iii) by striking ‘‘ALIENS’’ each place 
it appears and inserting ‘‘NONCITIZENS’’; 
and 
(iv) by striking ‘‘ALIENS’’ each place 
it appears and inserting ‘‘NONCITIZENS’’. 
(3) TABLE OF CONTENTS.—The table of con-
tents for the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended— 
(A) by striking the item relating to title V 
and inserting the following: 
‘‘TITLE V—NONCITIZEN TERRORIST REMOVAL PROCEDURES’’; 
and 
(B) in the items relating to the chapters 
and sections— 
(i) by striking ‘‘Alien’’ each place it 
appears and inserting ‘‘Noncitizen’’; 
(ii) by striking ‘‘Aliens’’ each place it 
appears and inserting ‘‘Noncitizens’’; 
(iii) by striking ‘‘alien’’ each place it 
appears and inserting ‘‘noncitizen’’; 
(iv) by striking ‘‘aliens’’ each place it 
appears and inserting ‘‘noncitizens’’; and 
(v) by striking ‘‘alienage’’ each place 
it appears and inserting ‘‘noncitizenship’’. 
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(b) UNACCOMPANIED NONCITIZEN CHILDREN.—Sec-
tion 462 of the Homeland Security Act of 2002 (6 U.S.C. 
279) is amended by striking ‘‘alien’’ each place it appears 
and inserting ‘‘noncitizen’’. 
(c) REFERENCES TO ALIENS.—With respect to a per-
son who is not a citizen or national of the United States, 
any reference in Federal law, Federal regulation, or any 
written instrument issued by the executive branch of the 
Government to an alien shall be deemed to refer to a non-
citizen (as defined in section 101(a) of the Immigration 
and Nationality Act, as amended by subsection (a)(1)). 
TITLE I—EARNED PATH TO CITI-
ZENSHIP 
AND 
OTHER 
RE-
FORMS 
Subtitle A—Earned Path to 
Citizenship 
SEC. 1101. LAWFUL PROSPECTIVE IMMIGRANT STATUS. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245A the following: 
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‘‘SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE EN-
TRANTS TO THAT OF LAWFUL PROSPECTIVE 
IMMIGRANT. 
‘‘(a) REQUIREMENTS.—Notwithstanding any other 
provision of law, the Secretary may grant lawful prospec-
tive immigrant status to a noncitizen who— 
‘‘(1) satisfies the eligibility requirements set 
forth in section 245G(b), including all criminal and 
national security background checks and the pay-
ment of all applicable fees; and 
‘‘(2) submits an application pursuant to the 
procedures under section 245G(b)(1). 
‘‘(b) SPOUSES AND CHILDREN.—The requirement in 
paragraph (2) subsection (a) shall not apply to a noncit-
izen who is the spouse or child of a noncitizen who satisfies 
all requirements of that subsection. 
‘‘(c) DURATION OF STATUS AND EXTENSION.—The 
initial period of authorized admission for a lawful prospec-
tive immigrant— 
‘‘(1) shall remain valid for 6 years, unless re-
voked pursuant to subsection 245G(g)(4); and 
‘‘(2) may be extended for additional 6-year 
terms if— 
‘‘(A) the noncitizen remains eligible for 
lawful prospective immigrant status; 
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‘‘(B) the noncitizen has successfully passed 
the background checks described in section 
245G(d)(3); and 
‘‘(C) such status was not revoked by the 
Secretary. 
‘‘(d) EVIDENCE
OF LAWFUL PROSPECTIVE IMMI-
GRANT STATUS.— 
‘‘(1) IN GENERAL.—The Secretary shall issue 
documentary evidence of lawful prospective immi-
grant status to each noncitizen, including the prin-
cipal applicant and any spouse or child included in 
the application, whose application for such status 
has been approved. 
‘‘(2) DOCUMENTATION FEATURES.—Documen-
tary evidence issued under paragraph (1) shall— 
‘‘(A) comply with the requirements of sec-
tion 245G(g)(3)(C); and 
‘‘(B) specify a period of validity of 6 years 
beginning on the date of issuance. 
‘‘(e) TERMS AND CONDITIONS OF LAWFUL PROSPEC-
TIVE IMMIGRANT STATUS.— 
‘‘(1) IN GENERAL.—A noncitizen granted lawful 
prospective immigrant status under this section shall 
be considered lawfully present in the United States 
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for all purposes while such noncitizen remains in 
such status, except that the noncitizen— 
‘‘(A) is not entitled to the premium assist-
ance tax credit authorized under section 36B of 
the Internal Revenue Code of 1986 for his or 
her health insurance coverage; 
‘‘(B) shall be subject to the rules applica-
ble to individuals not lawfully present that are 
set forth in subsection (e) of that section; 
‘‘(C) shall be subject to the rules applicable 
to individuals not lawfully present that are set 
forth in section 1402(e) of the Patient Protec-
tion and Affordable Care Act (42 U.S.C. 
18071); and 
‘‘(D) shall be subject to the rules applica-
ble to individuals not lawfully present set forth 
in section 5000A(d)(3) of the Internal Revenue 
Code of 1986. 
‘‘(2) ELIGIBILITY
FOR
COVERAGE
UNDER
A 
QUALIFIED HEALTH PLAN.—Notwithstanding section 
1312(f)(3) of the Patient Protection and Affordable 
Care Act (42 U.S.C. 18032(f)(3)), a lawful prospec-
tive immigrant shall be treated as a qualified indi-
vidual under section 1312 of that Act if the lawful 
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prospective immigrant meets the requirements under 
subsection (f)(1) of that section. 
‘‘(3) 
EMPLOYMENT.—Notwithstanding 
any 
other provision of law, including section 241(a)(7), 
a lawful prospective immigrant shall be authorized 
to be employed in the United States while in such 
status. 
‘‘(4) TRAVEL OUTSIDE THE UNITED STATES.— 
A lawful prospective immigrant may travel outside of 
the United States and may be admitted, if otherwise 
admissible, upon returning to the United States 
without having to obtain a visa if— 
‘‘(A) the lawful prospective immigrant is in 
possession of— 
‘‘(i) valid, unexpired documentary evi-
dence of lawful prospective immigrant sta-
tus; or 
‘‘(ii) a travel document, duly approved 
by the Secretary, that was issued to the 
lawful prospective immigrant after the law-
ful prospective immigrant’s original docu-
mentary evidence was lost, stolen, or de-
stroyed; 
‘‘(B) the lawful prospective immigrant’s 
absences from the United States do not exceed 
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180 days, in the aggregate, in any calendar 
year, unless— 
‘‘(i) the lawful prospective immi-
grant’s absences were authorized by the 
Secretary; or 
‘‘(ii) the lawful prospective immi-
grant’s failure to timely return was due to 
circumstances beyond the noncitizen’s con-
trol; 
‘‘(C) the lawful prospective immigrant 
meets the requirements for an extension as de-
scribed in subsection (c)(2); and 
‘‘(D) the lawful prospective immigrant es-
tablishes that the lawful prospective immigrant 
is not inadmissible under subparagraph (A)(i), 
(A)(iii), (B), or (C) of section 212(a)(3). 
‘‘(5) ASSIGNMENT OF SOCIAL SECURITY NUM-
BER.— 
‘‘(A) IN GENERAL.—The Commissioner of 
Social Security (referred to in this paragraph as 
the ‘Commissioner’), in coordination with the 
Secretary, shall implement a system to allow for 
the assignment of a Social Security number and 
the issuance of a Social Security card to each 
lawful prospective immigrant. 
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‘‘(B) INFORMATION SHARING.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall provide the Commissioner with infor-
mation from the applications submitted by 
noncitizens granted lawful prospective im-
migrant status under this section and such 
other information as the Commissioner 
considers necessary to assign a Social Se-
curity account number to such noncitizens. 
‘‘(ii) USE
OF
INFORMATION.—The 
Commissioner may use information re-
ceived from the Secretary under this sub-
paragraph— 
‘‘(I) to assign Social Security ac-
count numbers to lawful prospective 
immigrants; and 
‘‘(II) to administer the programs 
of the Social Security Administration. 
‘‘(iii) 
LIMITATION.—The 
Commis-
sioner may maintain, use, and disclose 
such information only as permitted under 
section 552a of title 5, United States Code 
(commonly known as the Privacy Act of 
1974), and other applicable Federal law.’’. 
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(b) ENLISTMENT IN THE ARMED FORCES.—Section 
504(b)(1) of title 10, United States Code, is amended by 
adding at the end the following: 
‘‘(D) A noncitizen who has been granted 
lawful prospective immigrant status under sec-
tion 245B of the Immigration and Nationality 
Act.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of con-
tents for the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by inserting after 
the item relating to section 245A the following: 
‘‘Sec. 245B. Adjustment of status of eligible entrants to that of lawful prospec-
tive immigrant.’’. 
(2) DEFINITION OF LAWFUL PROSPECTIVE IM-
MIGRANT.—Section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)), as amended by 
section 3, is further amended by adding at the end 
the following: 
‘‘(54) LAWFUL
PROSPECTIVE
IMMIGRANT.—The 
term ‘lawful prospective immigrant’ means a noncitizen 
granted lawful prospective immigrant status under section 
245B.’’. 
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SEC. 1102. ADJUSTMENT OF STATUS OF LAWFUL PROSPEC-
TIVE IMMIGRANTS. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.), as 
amended by section 1101, is further amended by inserting 
after section 245B the following: 
‘‘SEC. 245C. ADJUSTMENT OF STATUS OF LAWFUL PRO-
SPECTIVE IMMIGRANTS. 
‘‘(a) REQUIREMENTS.—Notwithstanding any other 
provision of law, the Secretary may adjust the status of 
a lawful prospective immigrant to that of a lawful perma-
nent resident if the lawful prospective immigrant— 
‘‘(1) subject to subsection (b), satisfies the eli-
gibility requirements set forth in section 245G(b), 
including all criminal and national security back-
ground checks and the payment of all applicable 
fees; 
‘‘(2) submits an application pursuant to the 
procedures under section 245G(b)(1); 
‘‘(3) has been a lawful prospective immigrant 
for not less than 5 years; 
‘‘(4) remains eligible for such status; 
‘‘(5) establishes, to the satisfaction of the Sec-
retary, that the lawful prospective immigrant has 
not been continuously absent from the United States 
for more than 180 days in any calendar year during 
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the period of admission as a lawful prospective im-
migrant, unless the lawful prospective immigrant’s 
absence was— 
‘‘(A) authorized by the Secretary; or 
‘‘(B) due to circumstances beyond the law-
ful prospective immigrant’s control; and 
‘‘(6) has satisfied any applicable Federal tax li-
ability. 
‘‘(b) PREVIOUS WAIVERS.—For purposes of this sec-
tion, any ground of inadmissibility under section 212(a) 
that was previously waived for a noncitizen, or made inap-
plicable under any section of this Act, shall not apply. 
‘‘(c) DEMONSTRATION OF COMPLIANCE.—An appli-
cant may demonstrate compliance with subsection (a)(6) 
by submitting appropriate documentation, in accordance 
with regulations promulgated by the Secretary, in con-
sultation with the Secretary of the Treasury. 
‘‘(d) APPLICABLE FEDERAL TAX LIABILITY DE-
FINED.—In this section, the term ‘applicable Federal tax 
liability’ means all Federal income taxes assessed in ac-
cordance with section 6203 of the Internal Revenue Code 
of 1986.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of con-
tents for the Immigration and Nationality Act (8 
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U.S.C. 1101 et seq.), as amended by section 1101, 
is further amended by inserting after the item relat-
ing to section 245B the following: 
‘‘Sec. 245C. Adjustment of status of lawful prospective immigrants.’’. 
(2) DEFINITION OF LAWFUL PERMANENT RESI-
DENT.—Section 101(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)), as amended by sec-
tion 1101, is further amended by adding at the end 
the following: 
‘‘(55) LAWFUL PERMANENT RESIDENT.—The term 
‘lawful permanent resident’ means a noncitizen lawfully 
admitted for permanent residence.’’. 
SEC. 1103. THE DREAM ACT. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.), as 
amended by section 1102, is further amended by inserting 
after section 245C the following: 
‘‘SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN NON-
CITIZENS 
WHO 
ENTERED 
THE 
UNITED 
STATES AS CHILDREN. 
‘‘(a) REQUIREMENTS.—Notwithstanding any other 
provision of law, the Secretary may grant lawful perma-
nent resident status to a noncitizen if the noncitizen— 
‘‘(1) satisfies the eligibility requirements set 
forth in section 245G(b), including all criminal and 
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national security background checks and the pay-
ment of all applicable fees; 
‘‘(2) submits an application pursuant to the 
procedures under section 245G(b)(1); 
‘‘(3) was younger than 18 years of age on the 
date on which the noncitizen initially entered the 
United States; 
‘‘(4) has earned a high school diploma, a com-
mensurate alternative award from a public or private 
high school or secondary school, a general education 
development certificate recognized under State law, 
or a high school equivalency diploma in the United 
States; 
‘‘(5)(A) has obtained a degree from an institu-
tion of higher education, or has completed at least 
2 years, in good standing, of a program in the 
United States leading to a bachelor’s degree or high-
er degree or a recognized postsecondary credential 
from an area career and technical education school 
providing education at the postsecondary level; 
‘‘(B) has served in the uniformed services for 
not less than 2 years and, if discharged, received an 
honorable discharge; or 
‘‘(C) demonstrates earned income for periods 
totaling not less than 3 years and not less than 75 
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percent of the time that the noncitizen has had valid 
employment authorization, except that, in the case 
of a noncitizen who was enrolled in an institution of 
higher education or an area career and technical 
education school to obtain a recognized postsec-
ondary credential, the Secretary shall reduce such 
total 3-year requirement by the total of such periods 
of enrollment; and 
‘‘(6) establishes that the noncitizen has reg-
istered under the Military Selective Service Act (50 
U.S.C. 3801 et seq.), if the noncitizen is subject to 
registration under that Act. 
‘‘(b) WAIVER.—The Secretary may waive the require-
ment under subsection (a)(5) if the noncitizen dem-
onstrates compelling circumstances for the noncitizen’s in-
ability to satisfy such requirement. 
‘‘(c) SPOUSES AND CHILDREN.—The requirements in 
paragraphs (2) through (6) of subsection (a) shall not 
apply to a noncitizen who is the spouse or child of a non-
citizen who satisfies all requirements of that subsection. 
‘‘(d) SPECIAL PROCEDURE FOR APPLICANTS WITH 
DACA.—The Secretary shall establish a streamlined pro-
cedure for noncitizens who— 
‘‘(1) have been granted Deferred Action for 
Childhood Arrivals pursuant to the memorandum of 
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the Department of Homeland Security entitled ‘Ex-
ercising Prosecutorial Discretion with Respect to In-
dividuals Who Came to the United States as Chil-
dren’ issued on June 15, 2012 (referred to in this 
section as ‘DACA’); and 
‘‘(2) meet the requirements for renewal of 
DACA to apply for adjustment of status to that of 
a lawful permanent resident. 
‘‘(e) TREATMENT OF INDIVIDUALS GRANTED DACA 
AND INDIVIDUALS WHO ADJUST STATUS UNDER THIS 
SECTION.— 
‘‘(1) PRE-EXISTING
CONDITION
INSURANCE 
PLAN PROGRAM.—The interim final rule of the De-
partment of Health and Human Services entitled 
‘Pre-Existing Condition Insurance Plan Program’ 
(77 Fed. Reg. 52614 (August 30, 2012)) shall have 
no force or effect. 
‘‘(2) APPLICABLE
DEFINITION
OF
LAWFULLY 
PRESENT.—In determining whether an individual is 
lawfully present for purposes of determining whether 
the individual is lawfully residing in the United 
States under section 1903(v)(4) of the Social Secu-
rity Act (42 U.S.C. 1396b(v)(4)), the definition of 
‘lawfully present’ under section 152.2 of title 45, 
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Code of Federal Regulations (or any successor regu-
lation) shall be applied. 
‘‘(3) INAPPLICABILITY OF LIMITATION ON FED-
ERAL MEANS-TESTED PUBLIC BENEFITS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, except as provided in 
subparagraph (B), with respect to eligibility for 
any benefit under title XIX or XXI of the So-
cial Security Act (42 U.S.C. 1396 et seq. or 
1397aa et seq.), the limitation under section 
403(a) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1613(a)) shall not apply to an individual 
who adjusts status under this section. 
‘‘(B) EXCEPTION.—The limitation de-
scribed in subparagraph (A) shall apply to an 
individual who was eligible to adjust status only 
by virtue of subsection (c). 
‘‘(f) INSTITUTION
OF
HIGHER
EDUCATION
DE-
FINED.—In this section, the term ‘institution of higher 
education’ has the meaning given such term in section 102 
of the Higher Education Act of 1965 (20 U.S.C. 1002), 
except that the term does not include institutions de-
scribed in subsection (a)(1)(C) of such section.’’. 
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(b) COMPENSATION FOR OFFICERS OR EMPLOYEES 
OF THE UNITED STATES.—Section 704 of title VII of di-
vision E of the Consolidated Appropriations Act, 2018 
(Public Law 115–141; 132 Stat. 588) is amended— 
(1) in paragraph (3), by striking ‘‘; or’’ and in-
serting a semicolon; and 
(2) in paragraph (4), by inserting ‘‘; or (5) is 
a person who is employed by the House of Rep-
resentatives or the Senate, and has been issued an 
employment authorization document under DACA’’ 
after ‘‘United States’’. 
(c) RESTORATION OF STATE OPTION TO DETERMINE 
RESIDENCY FOR PURPOSES OF HIGHER EDUCATION.— 
(1) REPEAL.—Section 505 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1623) is repealed. 
(2) EFFECTIVE DATE.—The repeal under para-
graph (1) shall take effect as if included in the origi-
nal enactment of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (division 
C of Public Law 104–208). 
(d) FEDERAL HOUSING ADMINISTRATION INSUR-
ANCE
OF MORTGAGES.—Section 203 of the National 
Housing Act (12 U.S.C. 1709) is amended by inserting 
after subsection (h) the following: 
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‘‘(i) DACA RECIPIENT ELIGIBILITY.— 
‘‘(1) DACA RECIPIENT DEFINED.—In this sub-
section, the term ‘DACA recipient’ means a noncit-
izen who, at any time before, on, or after the date 
of enactment of this subsection, is or was subject to 
a grant of deferred action pursuant to the Depart-
ment of Homeland Security memorandum entitled 
‘Exercising Prosecutorial Discretion with Respect to 
Individuals Who Came to the United States as Chil-
dren’ issued on June 15, 2012. 
‘‘(2) PROHIBITION.—The Secretary may not— 
‘‘(A) prescribe terms that limit the eligi-
bility of a single family mortgage for insurance 
under this title because of the status of the 
mortgagor as a DACA recipient; or 
‘‘(B) issue any limited denial of participa-
tion in the program for such insurance because 
of the status of the mortgagor as a DACA re-
cipient. 
‘‘(3) EXEMPTION.— 
‘‘(A) DENIAL
FOR
FAILURE
TO
SATISFY 
VALID
ELIGIBILITY
REQUIREMENTS.—Nothing 
in this title prohibits the denial of insurance 
based on failure to satisfy valid eligibility re-
quirements. 
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‘‘(B) 
INVALID
ELIGIBILITY
REQUIRE-
MENTS.—Valid eligibility requirements do not 
include criteria that were adopted with the pur-
pose of denying eligibility for insurance because 
of race, color, religion, sex, familial status, na-
tional origin, disability, or the status of a mort-
gagor as a DACA recipient.’’. 
(e) RURAL HOUSING SERVICE.—Section 501 of the 
Housing Act of 1949 (42 U.S.C. 1471) is amended by 
adding at the end the following: 
‘‘(k) DACA RECIPIENT ELIGIBILITY.— 
‘‘(1) DACA RECIPIENT DEFINED.—In this sub-
section, the term ‘DACA recipient’ means a noncit-
izen who, at any time before, on, or after the date 
of enactment of this subsection, is or was subject to 
a grant of deferred action pursuant to the Depart-
ment of Homeland Security memorandum entitled 
‘Exercising Prosecutorial Discretion with Respect to 
Individuals Who Came to the United States as Chil-
dren’ issued on June 15, 2012. 
‘‘(2) PROHIBITION.—The Secretary may not 
prescribe terms that limit eligibility for a single fam-
ily mortgage made, insured, or guaranteed under 
this title because of the status of the mortgagor as 
a DACA recipient.’’. 
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(f) FANNIE MAE.—Section 302(b) of the National 
Housing Act (12 U.S.C. 1717(b)) is amended by adding 
at the end the following: 
‘‘(8) DACA RECIPIENT ELIGIBILITY.— 
‘‘(A) DACA RECIPIENT DEFINED.—In this 
paragraph, the term ‘DACA recipient’ means a 
noncitizen who, at any time before, on, or after 
the date of enactment of this paragraph, is or 
was subject to a grant of deferred action pursu-
ant to the Department of Homeland Security 
memorandum entitled ‘Exercising Prosecutorial 
Discretion with Respect to Individuals Who 
Came to the United States as Children’ issued 
on June 15, 2012. 
‘‘(B) PROHIBITION.—The corporation may 
not condition purchase of a single-family resi-
dence mortgage by the corporation under this 
subsection on the status of the borrower as a 
DACA recipient.’’. 
(g) FREDDIE MAC.—Section 305(a) of the Federal 
Home Loan Mortgage Corporation Act (12 U.S.C. 
1454(a)) is amended by adding at the end the following: 
‘‘(6) DACA RECIPIENT ELIGIBILITY.— 
‘‘(A) DACA RECIPIENT DEFINED.—In this 
paragraph, the term ‘DACA recipient’ means a 
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noncitizen who, at any time before, on, or after 
the date of enactment of this paragraph, is or 
was subject to a grant of deferred action pursu-
ant to the Department of Homeland Security 
memorandum entitled ‘Exercising Prosecutorial 
Discretion with Respect to Individuals Who 
Came to the United States as Children’ issued 
on June 15, 2012. 
‘‘(B) PROHIBITION.—The Corporation may 
not condition purchase of a single-family resi-
dence mortgage by the Corporation under this 
subsection on the status of the borrower as a 
DACA recipient.’’. 
(h) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents for the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.), as amended by section 1102, 
is further amended by inserting after the item relating to 
section 245C the following: 
‘‘Sec. 245D. Adjustment of status for certain noncitizens who entered the 
United States as children.’’. 
SEC. 1104. THE AMERICAN PROMISE ACT. 
(a) ADJUSTMENT OF STATUS FOR CERTAIN NATION-
ALS OF CERTAIN COUNTRIES DESIGNATED FOR TEM-
PORARY PROTECTED STATUS OR DEFERRED ENFORCED 
DEPARTURE.—Chapter 5 of title II of the Immigration 
and Nationality Act (8 U.S.C. 1255 et seq.), as amended 
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by section 1103, is further amended by inserting after sec-
tion 245D the following: 
‘‘SEC. 245E. ADJUSTMENT OF STATUS FOR CERTAIN NA-
TIONALS 
OF 
CERTAIN 
COUNTRIES 
DES-
IGNATED FOR TEMPORARY PROTECTED STA-
TUS OR DEFERRED ENFORCED DEPARTURE. 
‘‘(a) REQUIREMENTS.—Notwithstanding any other 
provision of law, the Secretary may grant lawful perma-
nent resident status to a noncitizen if the noncitizen— 
‘‘(1) satisfies the eligibility requirements set 
forth in section 245G(b), including all criminal and 
national security background checks and the pay-
ment of all applicable fees; 
‘‘(2) submits an application pursuant to the 
procedures under section 245G(b)(1); 
‘‘(3) subject to section 245G(b)(3)(B)(ii), has 
been continuously physically present in the United 
States since January 1, 2017; and 
‘‘(4)(A) is a national of a foreign state (or a 
part thereof), or in the case of a noncitizen having 
no nationality, is a person who last habitually re-
sided in such foreign state, with a designation under 
section 244(b) on January 1, 2017, who had or was 
otherwise eligible for temporary protected status on 
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such date notwithstanding subsections (c)(1)(A)(iv) 
and (c)(3)(C) of that section; or 
‘‘(B) was eligible for deferred enforced depar-
ture as of January 1, 2017. 
‘‘(b) SPOUSES AND CHILDREN.—The requirements of 
paragraphs (2) through (4) of subsection (a) shall not 
apply to a noncitizen who is the spouse or child of a non-
citizen who satisfies all the requirements of subsection 
(a).’’. 
(b) CLARIFICATION OF INSPECTION AND ADMISSION 
UNDER TEMPORARY PROTECTED STATUS.—The Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended— 
(1) in section 244(f)(4) (8 U.S.C. 1254a(f)(4)), 
by inserting ‘‘as having been inspected and admitted 
to the United States’’ after ‘‘considered’’; and 
(2) in section 245(c) (8 U.S.C. 1255(c)), in the 
matter preceding paragraph (1), by inserting ‘‘or a 
noncitizen granted temporary protected status under 
section 244’’ after ‘‘self-petitioner’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents for the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.), as amended by section 1103, 
is further amended by inserting after the item relating to 
section 245D the following: 
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‘‘Sec. 245E. Adjustment of status for certain nationals of certain countries des-
ignated for temporary protected status or deferred enforced de-
parture.’’. 
SEC. 1105. THE AGRICULTURAL WORKERS ADJUSTMENT 
ACT. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.), as 
amended by section 1104, is further amended by inserting 
after section 245E the following: 
‘‘SEC. 245F. ADJUSTMENT OF STATUS FOR AGRICULTURAL 
WORKERS. 
‘‘(a) REQUIREMENTS.—Notwithstanding any other 
provision of law, the Secretary may grant lawful perma-
nent resident status to a noncitizen if— 
‘‘(1) the noncitizen satisfies the eligibility re-
quirements set forth in section 245G(b), including 
all criminal and national security background checks 
and the payment of all applicable fees; and 
‘‘(2) submits an application pursuant to the 
procedures under section 245G(b)(1); and 
‘‘(3) the Secretary determines that, during the 
5-year period immediately preceding the date on 
which the noncitizen submits an application under 
this section, the noncitizen performed agricultural 
labor or services for at least 2,300 hours or 400 
work days. 
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‘‘(b) SPOUSES AND CHILDREN.—The requirements of 
paragraph (3) of subsection (a) shall not apply to a noncit-
izen who is the spouse or child of a noncitizen who satisfies 
all the requirements of that subsection. 
‘‘(c) AGRICULTURAL
LABOR
OR
SERVICES
DE-
FINED.—In this section, the term ‘agricultural labor or 
services’ means— 
‘‘(1) agricultural labor or services (within the 
meaning of the term in section 101(a)(15)(H)(ii)), 
without regard to whether the labor or services are 
of a seasonal or temporary nature; and 
‘‘(2) agricultural employment (as defined in sec-
tion 3 of the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1802)), without 
regard to whether the specific service or activity is 
temporary or seasonal.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents for the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.), as amended by section 1104, 
is further amended by inserting after the item relating to 
section 245E the following: 
‘‘Sec. 245F. Adjustment of status for agricultural workers.’’. 
SEC. 1106. GENERAL PROVISIONS RELATING TO ADJUST-
MENT OF STATUS. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.), as 
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amended by section 1105, is further amended by inserting 
after section 245E the following: 
‘‘SEC. 245G. GENERAL PROVISIONS RELATING TO ADJUST-
MENT OF STATUS. 
‘‘(a) APPLICABILITY.—Unless otherwise specified, 
the provisions of this section shall apply to sections 245B, 
245C, 245D, 245E, and 245F. 
‘‘(b) COMMON ELIGIBILITY REQUIREMENTS FOR AP-
PLICATIONS UNDER SECTIONS 245B, 245C, 245D, 245E, 
AND 245F.—Unless otherwise specified, a noncitizen ap-
plying for status under section 245B, 245C, 245D, 245E, 
or 245F shall satisfy the following requirements: 
‘‘(1) SUBMITTAL OF APPLICATION.—The non-
citizen shall submit a completed application to the 
Secretary at such time, in such manner, and con-
taining such information as the Secretary shall re-
quire. 
‘‘(2) PAYMENT OF FEES.— 
‘‘(A) IN GENERAL.—A noncitizen who is 
18 years of age or older shall pay to the De-
partment of Homeland Security a processing 
fee in an amount determined by the Secretary. 
‘‘(B) RECOVERY
OF
COSTS.—The proc-
essing fee referred to in subparagraph (A) shall 
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be set at a level sufficient to recover the cost 
of processing the application. 
‘‘(C) AUTHORITY
TO
LIMIT
FEES.—The 
Secretary may— 
‘‘(i) limit the maximum processing fee 
payable under this paragraph by a family; 
and 
‘‘(ii) for good cause, exempt individual 
applicants or defined classes of applicants 
from the requirement to pay fees under 
this paragraph. 
‘‘(D) DEPOSIT.—Fees collected under this 
paragraph shall be deposited into the Immigra-
tion Examinations Fee Account pursuant to 
section 286(m). 
‘‘(3) PHYSICAL PRESENCE.— 
‘‘(A) DATE
OF
SUBMITTAL
OF
APPLICA-
TION.—The noncitizen shall be physically 
present in the United States on the date on 
which the application is submitted. 
‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the noncitizen shall 
have been continuously physically present 
in the United States beginning on January 
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1, 2023, and ending on the date on which 
the application is approved. 
‘‘(ii) EXCEPTIONS.— 
‘‘(I) AUTHORIZED ABSENCE.—A 
noncitizen who departed temporarily 
from the United States shall not be 
considered to have failed to maintain 
continuous physical presence in the 
United States during any period of 
travel that was authorized by the Sec-
retary. 
‘‘(II) BRIEF, CASUAL, AND INNO-
CENT ABSENCES.— 
‘‘(aa) IN GENERAL.—A non-
citizen who departed temporarily 
from the United States shall not 
be considered to have failed to 
maintain 
continuous 
physical 
presence in the United States if 
the noncitizen’s absences from 
the United States are brief, cas-
ual, and innocent, whether or not 
such absences were authorized by 
the Secretary. 
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‘‘(bb) 
ABSENCES
MORE 
THAN
180
DAYS.—For purposes 
of this clause, an absence of more 
than 180 days, in the aggregate, 
during a calendar year shall not 
be considered brief, unless the 
Secretary finds that the length of 
the absence was due to cir-
cumstances beyond the nonciti-
zen’s control, including the seri-
ous illness of the noncitizen, 
death or serious illness of a 
spouse, 
parent, 
grandparent, 
grandchild, 
sibling, 
son, 
or 
daughter of the noncitizen, or 
due to international travel re-
strictions. 
‘‘(iii) EFFECT
OF
NOTICE
TO
AP-
PEAR.—Issuance of a notice to appear 
under section 239(a) shall not be consid-
ered to interrupt the continuity of a non-
citizen’s continuous physical presence in 
the United States. 
‘‘(4) WAIVER
FOR
NONCITIZENS
PREVIOUSLY 
REMOVED.— 
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‘‘(A) IN GENERAL.—With respect to a non-
citizen who was removed from or who departed 
the United States on or after January 20, 
2017, and who was continuously physically 
present in the United States for not fewer than 
3 years immediately preceding the date on 
which the noncitizen was removed or departed, 
the Secretary may waive, for humanitarian pur-
poses, to ensure family unity, or if such a waiv-
er is otherwise in the public interest, the appli-
cation of— 
‘‘(i) paragraph (3)(A); and 
‘‘(ii) in the case of an applicant for 
lawful prospective immigrant status under 
section 245B, if the applicant has not re-
entered the United States unlawfully after 
January 1, 2023, subsection (c)(3). 
‘‘(B) 
APPLICATION
PROCEDURE.—The 
Secretary, in consultation with the Secretary of 
State, shall establish a procedure by which a 
noncitizen, while outside the United States, 
may apply for status under section 245B, 
245C, 245D, 245E, or 245F, as applicable, if 
the noncitizen would have been eligible for such 
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status but for the noncitizen’s removal or de-
parture. 
‘‘(c) GROUNDS FOR INELIGIBILITY.— 
‘‘(1) 
CERTAIN
GROUNDS
OF
INADMIS-
SIBILITY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a noncitizen shall be ineligible for 
status under sections 245B, 245C, 245D, 
245E, and 245F if the noncitizen— 
‘‘(i) is inadmissible under paragraph 
(2), (3), (6)(E), (8), (10)(C), or (10)(E) of 
section 212(a); 
‘‘(ii) has been convicted of a felony of-
fense (excluding any offense under State 
law for which an essential element in the 
noncitizen’s immigration status); or 
‘‘(iii) has been convicted of 3 or more 
misdemeanor offenses (excluding simple 
possession of cannabis or cannabis-related 
paraphernalia, any offense involving can-
nabis or cannabis-related paraphernalia 
that is no longer prosecutable in the State 
in which the conviction was entered, any 
offense under State law for which an es-
sential element is the noncitizen’s immigra-
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tion status, any offense involving civil dis-
obedience without violence, and any minor 
traffic offense) not occurring on the same 
date, and not arising out of the same act, 
omission, or scheme of misconduct. 
‘‘(B) WAIVERS.— 
‘‘(i) IN
GENERAL.—For purposes of 
subparagraph (A), the Secretary may, for 
humanitarian purposes, family unity, or if 
otherwise in the public interest— 
‘‘(I) 
waive 
inadmissibility 
under— 
‘‘(aa) 
subparagraphs 
(A), 
(C), 
and 
(D) 
of 
section 
212(a)(2); and 
‘‘(bb) 
paragraphs 
(6)(E), 
(8), (10)(C), and (10)(E) of such 
section; 
‘‘(II) waive ineligibility under 
subparagraph (A)(ii) (excluding of-
fenses 
described 
in 
section 
101(a)(43)(A)) 
or 
inadmissibility 
under subparagraph (B) of section 
212(a)(2) if the noncitizen has not 
been convicted of any offense during 
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the 10-year period preceding the date 
on which the noncitizen applies for 
status under section 245B, 245C, 
245D, 245E, or 245F, as applicable; 
and 
‘‘(III) for purposes of subpara-
graph (A)(iii), waive consideration 
of— 
‘‘(aa) 1 misdemeanor offense 
if, during the 5-year period pre-
ceding the date on which the 
noncitizen 
applies 
for 
status 
under 
section 
245B, 
245C, 
245D, 245E, or 245F, as appli-
cable, the noncitizen has not been 
convicted of any offense; or 
‘‘(bb) 2 misdemeanor of-
fenses if, during the 10-year pe-
riod preceding such date, the 
noncitizen has not been convicted 
of any offense. 
‘‘(ii) CONSIDERATIONS.—In making a 
determination under subparagraph (B), 
the Secretary of Homeland Security or the 
Attorney General shall consider all miti-
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gating and aggravating factors, includ-
ing— 
‘‘(I) the severity of the under-
lying circumstances, conduct, or viola-
tion; 
‘‘(II) the duration of the nonciti-
zen’s residence in the United States; 
‘‘(III) evidence of rehabilitation, 
if applicable; and 
‘‘(IV) the extent to which the 
noncitizen’s removal, or the denial of 
the noncitizen’s application, would ad-
versely affect the noncitizen or the 
noncitizen’s United States citizen or 
lawful 
permanent 
resident 
family 
members. 
‘‘(2) NONCITIZENS
IN
CERTAIN
IMMIGRATION 
STATUSES.— 
‘‘(A) IN GENERAL.—A noncitizen shall be 
ineligible for status under sections 245B, 245C, 
245D, 245E, and 245F if on January 1, 2023, 
the noncitizen was any of the following: 
‘‘(i) A lawful permanent resident. 
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‘‘(ii) A noncitizen admitted as a ref-
ugee under section 207 or granted asylum 
under section 208. 
‘‘(iii) A noncitizen who, according to 
the records of the Secretary or the Sec-
retary of State, is in a period of authorized 
stay in a nonimmigrant status described in 
section 101(a)(15)(A), other than— 
‘‘(I) a spouse or a child of a non-
citizen eligible for status under section 
245B, 245C, 245D, 245E, or 245F; 
‘‘(II) a noncitizen considered to 
be in a nonimmigrant status solely by 
reason of section 702 of the Consoli-
dated Natural Resources Act of 2008 
(Public Law 110–229; 122 Stat. 854) 
or section 244(f)(4) of this Act; 
‘‘(III) a nonimmigrant described 
in section 101(a)(15)(H)(ii)(a); and 
‘‘(IV) a noncitizen who has en-
gaged in ‘essential critical infrastruc-
ture labor or services’, as described in 
the ‘Advisory Memorandum on Identi-
fication of Essential Critical Infra-
structure Workers During COVID–19 
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Response’ (as revised by the Depart-
ment of Homeland Security) during 
the period described in subparagraph 
(B). 
‘‘(iv) A noncitizen paroled into the 
Commonwealth of the Northern Mariana 
Islands or Guam who did not reside in the 
Commonwealth or Guam on November 28, 
2009. 
‘‘(B) PERIOD DESCRIBED.—The period de-
scribed in this subparagraph is the period 
that— 
‘‘(i) begins on the first day of the 
public health emergency declared by the 
Secretary of Health and Human Services 
under section 319 of the Public Health 
Service Act (42 U.S.C. 247d) with respect 
to COVID–19; and 
‘‘(ii) ends on the date that is 90 days 
after the date on which such public health 
emergency terminates. 
‘‘(3) CERTAIN
NONCITIZENS
OUTSIDE
THE 
UNITED STATES AND UNLAWFUL REENTRANTS.—A 
noncitizen shall be ineligible for status under sec-
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tions 245B, 245C, 245D, 245E, and 245F if the 
noncitizen— 
‘‘(A) departed the United States while sub-
ject to an order of exclusion, deportation, re-
moval, or voluntary departure; and 
‘‘(B)(i) was outside the United States on 
January 1, 2021; or 
‘‘(ii) reentered the United States unlaw-
fully after January 1, 2023. 
‘‘(d) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA; BACKGROUND CHECKS.— 
‘‘(1) IN
GENERAL.—The Secretary may not 
grant a noncitizen status under section 245B, 245C, 
245D, 245E, or 245F unless the noncitizen submits 
biometric and biographic data, in accordance with 
procedures established by the Secretary. 
‘‘(2) ALTERNATIVE
PROCEDURE.—The Sec-
retary shall provide an alternative procedure for 
noncitizens who are unable to provide such biometric 
or biographic data due to a physical impairment. 
‘‘(3) BACKGROUND CHECKS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
use biometric and biographic data— 
‘‘(i) to conduct security and law en-
forcement background checks; and 
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‘‘(ii) to determine whether there is 
any criminal, national security, or other 
factor that would render the noncitizen in-
eligible for status under section 245B, 
245C, 245D, 245E, or 245F, as applica-
ble. 
‘‘(B) COMPLETION REQUIRED.—A noncit-
izen may not be granted status under section 
245B, 245C, 245D, 245E, or 245F unless se-
curity and law enforcement background checks 
are completed to the satisfaction of the Sec-
retary. 
‘‘(e) ELIGIBILITY FOR OTHER STATUSES.— 
‘‘(1) IN GENERAL.—A noncitizen’s eligibility for 
status under section 245B, 245C, 245D, 245E, or 
245F shall not preclude the noncitizen from seeking 
any status under any other provision of law for 
which the noncitizen may otherwise be eligible. 
‘‘(2) 
INAPPLICABILITY
OF
OTHER
PROVI-
SIONS.—Section 208(d)(6) shall not apply to any 
noncitizen who submits an application under section 
245B, 245C, 245D, 245E, or 245F. 
‘‘(f) EXEMPTION FROM NUMERICAL LIMITATION.— 
Nothing in this section or section 245B, 245C, 245D, 
245E, or 245F or in any other law may be construed— 
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‘‘(iv) A noncitizen granted status 
under this paragraph shall be deemed a 
qualified noncitizen under section 431 of 
the Personal Responsibility and Work Op-
portunity Reconciliation Act of 1996 (8 
U.S.C. 1641) for purposes of receiving re-
lief during— 
‘‘(I) a major disaster declared by 
the President under section 401 of the 
Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 
U.S.C. 5170); 
‘‘(II) an emergency declared by 
the President under section 501 of the 
Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 
U.S.C. 5191); or 
‘‘(III) a national emergency de-
clared by the President under the Na-
tional Emergencies Act (50 U.S.C. 
1601 et seq.). 
‘‘(v) A noncitizen granted status 
under this paragraph— 
‘‘(I) subject to section 237(a)(8), 
is subject to all grounds of deport-
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ability under section 237 of the Immi-
gration and Nationality Act (8 U.S.C. 
1227); 
‘‘(II) subject to section 212(c), is 
subject to all grounds of inadmis-
sibility under section 212 of the Im-
migration and Nationality Act (8 
U.S.C. 1182) if seeking admission to 
the United States at a port of entry 
in the Commonwealth; 
‘‘(III) is inadmissible to the 
United States at any port of entry 
outside the Commonwealth, except 
that the Secretary of Homeland Secu-
rity may in the Secretary’s discretion 
authorize admission of such noncitizen 
at a port of entry in Guam for the 
purpose of direct transit to the Com-
monwealth, which admission shall be 
considered an admission to the Com-
monwealth; 
‘‘(IV) automatically shall lose 
such status if the noncitizen travels 
from the Commonwealth to any other 
place in the United States, except that 
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