456 
other circumstances directly caused by a major 
disaster or emergency; and 
(B) does not include collateral or con-
sequential economic effects in or on the United 
States or global economies. 
(3) EMERGENCY.—The term ‘‘emergency’’ has 
the meaning given the term in section 102(1) of the 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122(1)). 
(4) LAST BUSINESS DAY.—The term ‘‘last busi-
ness day’’ means the last business day preceding a 
major disaster or emergency. For purposes of Hurri-
cane Katrina and Hurricane Rita, the last business 
day is August 26, 2005. 
(5) MAJOR DISASTER.—The term ‘‘major dis-
aster’’ has the meaning given the term in section 
102(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122(2)) and 
includes Hurricane Katrina and Hurricane Rita. 
SEC. 533. SPECIAL IMMIGRANT STATUS. 
(a) PROVISION OF STATUS.— 
(1) IN GENERAL.—For purposes of the Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.), 
the Secretary may provide an alien described in sub-
section (b) with the status of a special immigrant 
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457 
under section 101(a)(27) of such Act (8 U.S.C. 
1101(a)(27)) if the alien— 
(A) files a petition with the Secretary 
under section 204 of such Act (8 U.S.C. 1154) 
for classification under section 203(b)(4) of 
such Act (8 U.S.C. 1153(b)(4)); 
(B) is otherwise eligible to receive an im-
migrant visa; and 
(C) is otherwise admissible to the United 
States for permanent residence. 
(2) INAPPLICABLE PROVISION.—In determining 
admissibility under paragraph (1)(C), the grounds 
for inadmissibility specified in section 212(a)(4) of 
such Act (8 U.S.C. 1182(a)(4)) shall not apply. 
(b) ALIENS DESCRIBED.— 
(1) PRINCIPAL ALIENS.—An alien is described 
in this subsection if— 
(A) the alien was the beneficiary of— 
(i) a petition that was filed with the 
Secretary on or before the last business 
day— 
(I) under section 204 of the Im-
migration and Nationality Act (8 
U.S.C. 1154) to classify the alien as 
a family-sponsored immigrant under 
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458 
section 203(a) of such Act (8 U.S.C. 
1153(a)) or as an employment-based 
immigrant under section 203(b) of 
such Act (8 U.S.C. 1153(b)); or 
(II) under section 214(d) of such 
Act (8 U.S.C. 1184(d)) to authorize 
the issuance of a nonimmigrant visa 
to 
the 
alien 
under 
section 
101(a)(15)(K) of such Act (8 U.S.C. 
1101(a)(15)(K)); or 
(ii) an application for labor certifi-
cation under section 212(a)(5)(A) of such 
Act (8 U.S.C. 1182(a)(5)(A)) that was 
filed under regulations of the Secretary of 
Labor on or before the last business day; 
and 
(B) such petition or application was re-
voked or terminated before or after its ap-
proval, solely due to— 
(i) the death or disability of the peti-
tioner, applicant, or alien beneficiary as a 
direct result of a major disaster or emer-
gency; or 
(ii) loss of employment as a direct re-
sult of a major disaster or emergency. 
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459 
(2) SPOUSES AND CHILDREN.— 
(A) IN GENERAL.—An alien is described in 
this subsection if— 
(i) the alien, as of the last business 
day, was the spouse or child of a principal 
alien described in paragraph (1); and 
(ii) the alien— 
(I) is accompanying such prin-
cipal alien; or 
(II) is following to join such prin-
cipal alien within a reasonable period 
after a major disaster or emergency, 
as determined by the Attorney Gen-
eral. 
(B) CONSTRUCTION.— 
(i) DEATH
DISREGARDED.—In con-
struing the terms ‘‘accompanying’’ and 
‘‘following to join’’ in subparagraph (A)(ii), 
the death of a principal alien described in 
paragraph (1)(B)(i) shall be disregarded. 
(ii) REASONABLE PERIOD.—The rea-
sonable period described in subparagraph 
(A)(ii)(II), 
as 
applied 
to 
Hurricane 
Katrina and Hurricane Rita, shall end 90 
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460 
days after the date of the enactment of 
this Act. 
(3) GRANDPARENTS OR LEGAL GUARDIANS OF 
ORPHANS.—An alien is described in this subsection 
if the alien is a grandparent or legal guardian of a 
child whose parents died as a direct result of a 
major disaster or emergency, if either of the de-
ceased parents was, as of the last business day, a 
citizen or national of the United States or an alien 
lawfully admitted for permanent residence in the 
United States. 
(c) PRIORITY DATE.—Immigrant visas made avail-
able under this section shall be issued to aliens in the 
order in which a petition on behalf of each such alien is 
filed with the Secretary under subsection (a)(1), except 
that if an alien was assigned a priority date with respect 
to a petition described in subsection (b)(1)(A)(i), the alien 
may maintain that priority date. 
(d) NUMERICAL LIMITATIONS.—In applying sections 
201 through 203 of the Immigration and Nationality Act 
(8 U.S.C. 1151–1153) in any fiscal year, aliens eligible 
to be provided status under this section shall be treated 
as special immigrants who are not described in subpara-
graph (A), (B), (C), or (K) of section 101(a)(27) of such 
Act (8 U.S.C. 1101(a)(27)). 
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461 
SEC. 534. EXTENSION OF FILING OR REENTRY DEADLINES. 
(a) AUTOMATIC EXTENSION OF NONIMMIGRANT STA-
TUS.— 
(1) IN GENERAL.—Notwithstanding section 214 
of the Immigration and Nationality Act (8 U.S.C. 
1184), an alien described in paragraph (2) who was 
lawfully present in the United States as a non-
immigrant on the last business day, may, unless oth-
erwise determined by the Secretary in the Sec-
retary’s discretion, lawfully remain in the United 
States in the same nonimmigrant status until the 
latest of— 
(A) the date on which such lawful non-
immigrant status would have otherwise termi-
nated absent the enactment of this subsection; 
(B) 1 year after the death or onset of dis-
ability described in paragraph (2); or 
(C) 3 months after the date of the enact-
ment of this Act, for victims of Hurricane 
Katrina or Hurricane Rita. 
(2) ALIENS DESCRIBED.— 
(A) PRINCIPAL ALIENS.—An alien is de-
scribed in this paragraph if the alien was dis-
abled as a direct result of a major disaster or 
emergency. 
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462 
(B) SPOUSES AND CHILDREN.—An alien is 
described in this paragraph if the alien, as of 
the last business day, was the spouse or child 
of— 
(i) a principal alien described in sub-
paragraph (A); or 
(ii) an alien who died as a direct re-
sult of a major disaster or emergency. 
(3) AUTHORIZED
EMPLOYMENT.—During the 
period in which a principal alien or alien spouse is 
in lawful nonimmigrant status under paragraph (1), 
the alien may be provided an ‘‘employment author-
ized’’ endorsement or other appropriate document 
signifying authorization of employment. 
(b) NEW DEADLINES FOR EXTENSION OR CHANGE 
OF NONIMMIGRANT STATUS.— 
(1) FILING DELAYS.— 
(A) IN GENERAL.—If an alien, who was 
lawfully present in the United States as a non-
immigrant on the last business day, was pre-
vented from filing a timely application for an 
extension or change of nonimmigrant status as 
a direct result of a major disaster or emer-
gency, the alien’s application may be considered 
timely filed if it is filed within a reasonable pe-
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463 
riod, as determined by the Secretary, after the 
application would have otherwise been due. For 
victims of Hurricane Katrina or Hurricane 
Rita, this period shall end 3 months after the 
date of the enactment of this Act. 
(B) CIRCUMSTANCES PREVENTING TIMELY 
ACTION.—For purposes of subparagraph (A), 
circumstances preventing an alien from timely 
acting are— 
(i) office closures; 
(ii) mail or courier service cessations 
or delays; 
(iii) other closures, cessations, or 
delays affecting case processing or travel 
necessary to satisfy legal requirements; 
(iv) mandatory evacuation and reloca-
tion; or 
(v) other circumstances, including 
medical problems or financial hardship. 
(2) DEPARTURE DELAYS.— 
(A) IN GENERAL.—If an alien, who was 
lawfully present in the United States as a non-
immigrant on the last business day, is unable to 
timely depart the United States as a direct re-
sult of a major disaster or emergency, the alien 
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464 
shall not be considered to have been unlawfully 
present in the United States during the period 
beginning on the last business day, and ending 
on the date of the alien’s departure, if such de-
parture occurred within a reasonable period, as 
determined by the Secretary. If a victim of 
Hurricane Katrina or Hurricane Rita departs 
the United States not later than 3 months after 
the date of the enactment of this Act, such de-
parture shall be considered to have been within 
a reasonable period under this subparagraph. 
(B) CIRCUMSTANCES PREVENTING TIMELY 
ACTION.—For purposes of subparagraph (A), 
circumstances preventing an alien from timely 
acting are— 
(i) office closures; 
(ii) 
transportation 
cessations 
or 
delays; 
(iii) other closures, cessations, or 
delays affecting case processing or travel 
necessary to satisfy legal requirements; 
(iv) mandatory evacuation and reloca-
tion; or 
(v) other circumstances, including 
medical problems or financial hardship. 
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465 
(c) 
DIVERSITY
IMMIGRANTS.—Section 
204(a)(1)(I)(ii)(II) (8 U.S.C. 1154(a)(1)(I)(ii)(II)), is 
amended to read as follows: 
‘‘(II) An immigrant visa made available under sub-
section 203(c) for fiscal year 1998, or for a subsequent 
fiscal year, may be issued, or adjustment of status under 
section 245(a) based upon the availability of such visa may 
be granted, to an eligible qualified alien who has properly 
applied for such visa or adjustment in the fiscal year for 
which the alien was selected notwithstanding the end of 
such fiscal year. Such visa or adjustment of status shall 
be counted against the worldwide level set forth in sub-
section 201(e) for the fiscal year for which the alien was 
selected.’’. 
(d) EXTENSION OF FILING PERIOD.—If an alien is 
unable to timely file an application to register or reregister 
for temporary protected status under section 244 of the 
Immigration and Nationality Act (8 U.S.C. 1254a) as a 
direct result of a major disaster or emergency, the alien’s 
application may be considered timely filed if it is filed not 
later than 90 days after it otherwise would have been due. 
(e) VOLUNTARY DEPARTURE.— 
(1) IN
GENERAL.—Notwithstanding section 
240B of the Immigration and Nationality Act (8 
U.S.C. 1229c), if a period for voluntary departure 
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466 
under such section expired during the period begin-
ning on the last business day and ending within a 
reasonable period, as determined by the Attorney 
General, and the alien was unable to voluntarily de-
part before the expiration date as a direct result of 
a major disaster or emergency, such voluntary de-
parture period is deemed to have been extended for 
an additional 60 days. For purposes of Hurricane 
Katrina and Hurricane Rita, the reasonable period 
shall be deemed to have ended on December 31, 
2005. 
(2) 
CIRCUMSTANCES
PREVENTING
DEPAR-
TURE.—For purposes of this subsection, cir-
cumstances preventing an alien from voluntarily de-
parting the United States are— 
(A) office closures; 
(B) transportation cessations or delays; 
(C) other closures, cessations, or delays af-
fecting case processing or travel necessary to 
satisfy legal requirements; 
(D) mandatory evacuation and removal; 
and 
(E) other circumstances, including medical 
problems or financial hardship. 
(f) CURRENT NONIMMIGRANT VISA HOLDERS.— 
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