‘‘(II) the duration of the alien’s 
residence in the United States; 
‘‘(III) evidence of rehabilitation, 
if applicable; and 
‘‘(IV) the extent to which the 
alien’s removal, or the denial of the 
alien’s application, would adversely af-
fect the alien or the alien’s United 
States citizen or lawful permanent 
resident family members. 
‘‘(2) 
ALIENS
IN
CERTAIN
IMMIGRATION 
STATUSES.—An alien shall be ineligible for adjust-
ment of status under this section if, on January 1, 
2021, the alien was any of the following: 
‘‘(A) An alien lawfully admitted for perma-
nent residence. 
‘‘(B) An alien admitted as a refugee under 
section 207 or granted asylum under section 
208. 
‘‘(C) An alien who, according to the 
records of the Secretary or the Secretary of 
State, was in a period of authorized stay in a 
nonimmigrant 
status 
described 
in 
section 
101(a)(15), other than— 
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‘‘(i) the spouse, son, or daughter of an 
alien who is eligible for status under this 
section; 
‘‘(ii) an alien who is considered to be 
in a nonimmigrant status solely by reason 
of section 702 of the Consolidated Natural 
Resources Act of 2008 (Public Law 110– 
229; 122 Stat. 854) or section 244(f)(4) of 
this Act; and 
‘‘(iii) a nonimmigrant described in 
section 101(a)(15)(H)(ii). 
‘‘(iv) a nonimmigrant who is described 
in subsection (b). 
‘‘(D) An alien paroled into the Common-
wealth of the Northern Mariana Islands or 
Guam who did not reside in the Commonwealth 
or Guam on November 28, 2009. 
‘‘(3) CERTAIN ALIENS OUTSIDE THE UNITED 
STATES
AND
UNLAWFUL
REENTRANTS.—An alien 
shall be ineligible for adjustment of status under 
this section if the alien— 
‘‘(A) departed the United States while sub-
ject to an order of exclusion, deportation, re-
moval, or voluntary departure; and 
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‘‘(B)(i) was outside the United States on 
January 1, 2021; or 
‘‘(ii) reentered the United States unlaw-
fully after January 1, 2021. 
‘‘(d) APPLICATION.— 
‘‘(1) FEE.— 
‘‘(A) IN GENERAL.—The Secretary shall, 
subject to an exemption under subparagraph 
(B), require an alien applying for adjustment of 
status under this section to pay a reasonable 
fee commensurate with the cost of processing 
the application. 
‘‘(B) EXEMPTIONS.—An applicant may, in 
the discretion of the Secretary, be exempted 
from paying an application fee required under 
this paragraph if the applicant— 
‘‘(i) received total income, during the 
1-year period immediately preceding the 
date on which the applicant files an appli-
cation under this section, that is less than 
250 percent of the Federal poverty line; 
‘‘(ii) is younger than 21 years of age; 
‘‘(iii) is in foster care or is a juvenile 
who lacks any parental or other familial 
support; or 
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‘‘(iv) cannot care for himself or her-
self because of a serious disability. 
‘‘(C) INSTALLMENTS.—The Secretary may 
allow applicants to pay the fee under this para-
graph in installments. 
‘‘(2) BACKGROUND
CHECKS.—The Secretary 
may not grant an alien permanent resident status 
under this section until a background check has 
been completed. 
‘‘(3) WITHDRAWAL OF APPLICATION.— 
‘‘(A) IN GENERAL.—On receipt of a re-
quest to withdraw an application under this sec-
tion, the Secretary shall cease processing of the 
application and close the case. 
‘‘(B) EFFECT
OF
WITHDRAWAL.—With-
drawal of such an application shall not preju-
dice any future application filed by the appli-
cant for any immigration benefit under this 
Act. 
‘‘(e) EMPLOYER REQUIREMENTS.— 
‘‘(1) IN GENERAL.—On request, an employer, 
the agent of an employer, or any person who pro-
vides compensation directly or indirectly to a worker 
for labor or service, shall provide a worker with doc-
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uments that will assist the worker’s filing of an ap-
plication under subsection (d). 
‘‘(2) EFFECT OF DELAY OR NONCOMPLIANCE.— 
With respect to a request described in paragraph 
(1), delay or noncompliance on the part of an em-
ployer, the agent of an employer, or the person who 
provides compensation directly or indirectly shall re-
sult in an escalating fine that accrues for the dura-
tion of the delay or noncompliance. 
‘‘(f) EMPLOYER
PROTECTIONS.—No part of an 
alien’s application or request for documents under sub-
section (e) shall be used as evidence regarding an employ-
er’s or any other person’s hiring, employment, or contin-
ued employment of an alien described in subsection (b) 
for purposes of demonstrating a violation of section 
274A(a) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)) so long as the employer or other person has 
complied with such subsection (e). 
‘‘(g) WORKER PROTECTIONS.— 
‘‘(1) IN GENERAL.—An employer, the agent of 
an employer, or any person who provides compensa-
tion directly or indirectly to a worker for labor or 
service shall not take an adverse action against a 
worker based on a request made by the worker in 
good faith for documents or information to support 
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an application for adjustment of status under this 
section. 
‘‘(2) PRESUMPTION.— 
‘‘(A) IN GENERAL.—If any person or enti-
ty described in paragraph (1) takes an adverse 
action against such a worker within 90 days of 
the worker’s request for such documentation or 
information, such conduct shall raise a pre-
sumption that the adverse action was carried 
out in— 
‘‘(i) response to such request; and 
‘‘(ii) in violation of this subsection. 
‘‘(B) REBUTTAL.—The presumption under 
subparagraph (A) may be rebutted by clear and 
convincing evidence that the adverse action was 
taken for other permissible reasons. 
‘‘(3) CIVIL
ACTION.—A worker may bring a 
civil action in a Federal or State court of competent 
jurisdiction against any person or entity described in 
paragraph (1) that violates this subsection to seek 
such legal or equitable relief as may be appropriate, 
including reinstatement, promotion, the payment of 
wages lost, an additional equal amount as liquidated 
damages, and punitive damages. An action com-
menced under this paragraph may be commenced 
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within 2 years after the cause of action accrued. In 
any judgment in favor of a worker, and in any pro-
ceeding to enforce such a judgment, the court shall 
award reasonable attorney’s fees and costs to the 
prevailing plaintiff. 
‘‘(h) CLARIFICATION.—Nothing in this section shall 
be construed to require an alien described in subsection 
(b) to appear before an agent of the Department of Home-
land Security or any other Federal agency for an inter-
view. 
‘‘(i) PERIOD DESCRIBED.—The period described in 
this subsection— 
‘‘(1) 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 
‘‘(2) ends on the date that is 90 days after the 
date on which such public health emergency termi-
nates. 
‘‘(j) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IN
GENERAL.—The Secretary may 
not grant an alien adjustment of status under 
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this section unless the alien submits biometric 
and biographic data, in accordance with proce-
dures established by the Secretary. 
‘‘(B) 
ALTERNATIVE
PROCEDURE.—The 
Secretary shall provide an alternative procedure 
for aliens who are unable to provide such bio-
metric or biographic data due to a physical or 
mental impairment or bona fide religious objec-
tion. 
‘‘(2) BACKGROUND CHECKS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
use biometric and biographic data— 
‘‘(i) to conduct security and law en-
forcement background checks; and 
‘‘(ii) to determine whether there is 
any criminal, national security, or other 
factor that would render the alien ineligible 
for adjustment of status under this section. 
‘‘(B) COMPLETION REQUIRED.— 
‘‘(i) IN GENERAL.—The status of an 
alien may not be adjusted under this sec-
tion unless security and law enforcement 
background checks are completed to the 
satisfaction of the Secretary. 
‘‘(ii) TIMELINE.— 
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‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), the secu-
rity and law enforcement background 
checks required by this paragraph 
shall be completed within 60 days. 
‘‘(II) 
EXTENSION
FOR
GOOD 
CAUSE.—The Secretary may extend 
the timeline under subclause (I) for 
good cause and, in the case of such an 
extension, 
shall 
communicate 
the 
delay to the applicant. 
‘‘(k) ADJUDICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall evalu-
ate each application filed pursuant to this section to 
determine whether the alien meets all applicable re-
quirements. 
‘‘(2) ADJUSTMENT OF STATUS IF FAVORABLE 
DETERMINATION.—If the Secretary determines that 
the alien meets the requirements under this section, 
the Secretary shall— 
‘‘(A) notify the alien of such determina-
tion; and 
‘‘(B) adjust the status of the alien to that 
of an alien lawfully admitted for permanent res-
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idence, effective as of the date of such deter-
mination. 
‘‘(3) ADVERSE
DETERMINATION.—If the Sec-
retary determines that the alien does not meet the 
requirements for status under this section, the Sec-
retary shall notify the alien of such determination. 
‘‘(l) ALIENS ORDERED REMOVED.— 
‘‘(1) IN
GENERAL.—An alien present in the 
United States who has been ordered removed or has 
been permitted to depart voluntarily from the United 
States, notwithstanding such order or permission to 
depart, may apply for adjustment of status under 
this section. 
‘‘(2) OPPORTUNITY TO APPLY.— 
‘‘(A) IN GENERAL.—An alien who appears 
to be prima facie eligible for relief under this 
section shall be given a reasonable opportunity 
to apply for such relief and shall not be re-
moved until a final decision establishing ineligi-
bility for relief is rendered. 
‘‘(B) MOTION NOT REQUIRED.—Such alien 
shall not be required to file a separate motion 
to reopen, reconsider, or vacate the order of re-
moval. 
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‘‘(C) EFFECT OF APPROVAL.—If the Sec-
retary approves the application, the Secretary 
or the Attorney General shall vacate the order 
of removal and terminate any removal pro-
ceedings. 
‘‘(D) EFFECT
OF
DENIAL.—If the Sec-
retary renders a final administrative decision to 
deny the application, the order of removal or 
permission to depart shall be effective and en-
forceable to the same extent as if the applica-
tion had not been made, but only after all avail-
able administrative and judicial remedies have 
been exhausted. 
‘‘(m) ADVANCE PAROLE.— 
‘‘(1) IN GENERAL.—During the period begin-
ning on the date on which an alien applies for ad-
justment of status under this section and ending on 
the date on which the Secretary makes a final deci-
sion regarding such application, the alien shall be el-
igible to apply for advance parole based on any rea-
sonable need to travel. 
‘‘(2) APPLICABILITY.—Section 101(g) of the 
Immigration and Nationality Act (8 U.S.C. 1101(g)) 
shall not apply to an alien granted advance parole 
under this subsection. 
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‘‘(n) EMPLOYMENT AUTHORIZATION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IN
GENERAL.—An alien whose re-
moval is stayed pursuant to this section or who 
has a pending an application under this section 
shall, on application to the Secretary, be grant-
ed an employment authorization document. 
‘‘(B) TIMELINE FOR ISSUANCE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), an employment author-
ization document shall be issued within 30 
days. 
‘‘(ii) EXTENSION FOR GOOD CAUSE.— 
The Secretary may extend the timeline 
under clause (ii) for good cause and, in the 
case of such an extension, shall commu-
nicate the delay to the applicant. 
‘‘(2) RECEIPT OF APPLICATION.— 
‘‘(A) IN GENERAL.—As soon as practicable 
after receiving an application for status under 
this section, the Secretary shall provide the ap-
plicant with a document acknowledging receipt 
of such application. 
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‘‘(B) EVIDENCE
OF
EMPLOYMENT
AU-
THORIZATION.—A document issued under sub-
paragraph (A) shall— 
‘‘(i) serve as interim evidence of the 
alien’s authorization to accept employment 
in the United States; and 
‘‘(ii) be accepted by an employer as 
evidence 
of 
employment 
authorization 
under section 274A(b)(1)(C) pending a 
final decision on the application. 
‘‘(o) EXEMPTION FROM NUMERICAL LIMITATION.— 
Nothing in this section or in any other law may be con-
strued— 
‘‘(1) to limit the number of aliens who may be 
granted permanent resident status under this sec-
tion; or 
‘‘(2) to count against any other numerical limi-
tation under this Act. 
‘‘(p) ADMINISTRATIVE REVIEW.— 
‘‘(1) EXCLUSIVE
ADMINISTRATIVE
REVIEW.— 
Administrative review of a determination with re-
spect to an application for status under this section 
shall be conducted solely in accordance with this 
subsection. 
‘‘(2) ADMINISTRATIVE APPELLATE REVIEW.— 
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‘‘(A) ESTABLISHMENT
OF
ADMINISTRA-
TIVE APPELLATE AUTHORITY.—The Secretary 
shall establish or designate an appellate author-
ity to provide for a single level of administrative 
appellate review of determinations with respect 
to applications for, and revocations of, status 
under this section. 
‘‘(B) SINGLE APPEAL FOR EACH ADMINIS-
TRATIVE DECISION.— 
‘‘(i) IN
GENERAL.—An alien in the 
United States whose application for status 
under this section has been denied or 
whose status under this section has been 
revoked may file with the Secretary not 
more than 1 appeal of each such decision. 
‘‘(ii) CHANGED
CIRCUMSTANCE.—On 
a showing of changed circumstances, the 
Secretary may waive the numerical limita-
tion under clause (i). 
‘‘(iii) NOTICE OF APPEAL.— 
‘‘(I) IN GENERAL.—A notice of 
appeal filed under this paragraph 
shall be filed not later than 90 days 
after the date of service of the denial 
or revocation, unless the delay beyond 
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the 90-day period is reasonably justifi-
able. 
‘‘(II) WAIVER.—On showing that 
the delay was reasonably justifiable, 
the Secretary may waive the time lim-
itation described in subclause (I). 
‘‘(III) SERVICE.—Service of a 
notice of appeal under this clause 
shall be provided in English, Spanish, 
and any other language that the alien 
concerned is known to understand, 
and shall be made upon counsel of 
record. 
‘‘(C) REVIEW BY SECRETARY.—Nothing in 
this paragraph may be construed to limit the 
authority of the Secretary to certify appeals for 
review and final administrative decision. 
‘‘(D) DENIAL OF PETITIONS FOR DEPEND-
ENTS.—A decision to deny, or revoke the ap-
proval of, a petition filed by an alien to classify 
a spouse, son, daughter, or child of the alien as 
the spouse, son, daughter, or child for purposes 
of status under this section may be appealed 
under this paragraph. 
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‘‘(E) RECORD FOR REVIEW.—Administra-
tive appellate review under this paragraph shall 
be de novo and based solely upon— 
‘‘(i) the administrative record estab-
lished at the time of the determination on 
the application; and 
‘‘(ii) any additional newly discovered 
or previously unavailable evidence. 
‘‘(3) STAY OF REMOVAL.—An alien seeking ad-
ministrative review of a denial, or revocation of ap-
proval, of an application under this section shall not 
be removed from the United States before a final de-
cision is rendered establishing ineligibility for lawful 
permanent residence. 
‘‘(q) INFORMATION PRIVACY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), no officer or employee of the United 
States may— 
‘‘(A) disclose (directly or indirectly, includ-
ing through inclusion in a database), access, or 
use the information provided by an alien pursu-
ant to an application filed under this section 
(including information provided during adminis-
trative or judicial review) for the purpose of im-
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migration enforcement, including the initiation 
of removal proceedings; or 
‘‘(B) publish any information provided 
pursuant to an application under this section. 
‘‘(2) REFERRALS PROHIBITED.—The Secretary, 
based solely on information provided in an applica-
tion for adjustment of status under this section (in-
cluding information provided during administrative 
or judicial review) or an application for deferred ac-
tion pursuant to the memorandum of the Depart-
ment of Homeland Security entitled ‘Exercising 
Prosecutorial Discretion with Respect to Individuals 
Who Came to the United States as Children’ issued 
on June 15, 2020, may not refer an applicant to 
U.S. Immigration and Customs Enforcement, U.S. 
Customs and Border Protection, or any designee of 
either such entity. 
‘‘(3) 
REQUIRED
DISCLOSURE.—Notwith-
standing paragraph (1), the Attorney General or the 
Secretary shall provide the information provided in 
an application under this section, and any other in-
formation derived from such information, to an offi-
cial coroner for purposes of affirmatively identifying 
a deceased individual (whether or not such individual 
is deceased as a result of a crime). 
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‘‘(4) PENALTY.—Whoever knowingly uses, pub-
lishes, or permits information to be examined in vio-
lation of this subsection shall be fined not more than 
$50,000. 
‘‘(5) SAFEGUARDS.—The Secretary shall re-
quire appropriate administrative and physical safe-
guards to protect against direct and indirect disclo-
sure, access, and uses of information that violate 
this subsection. 
‘‘(6) ASSESSMENTS.—Not less frequently than 
annually, the Secretary shall conduct an assessment 
that, for the preceding calendar year— 
‘‘(A) analyzes the effectiveness of the safe-
guards described in paragraph (5); 
‘‘(B) determines the number of authorized 
disclosures under paragraph (3) made; and 
‘‘(C) determines the number of disclosures 
prohibited under paragraphs (1) and (2) made. 
‘‘(r) ELIGIBILITY
FOR
OTHER
STATUSES.—An 
alien’s eligibility to be lawfully admitted for permanent 
residence under this section shall not preclude the alien 
from seeking any status under any other provision of law 
for which the alien may otherwise be eligible. 
‘‘(s) EFFECT OF FAILURE TO COMPLY WITH RE-
MOVAL ORDER.—Failure to comply with 1 or more re-
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moval orders or voluntary departure agreements for acts 
committed before the date of the enactment of this section 
shall not affect the eligibility of an alien to apply for a 
benefit under this section.’’. 
(b) JUDICIAL REVIEW.—Section 242 of the Immigra-
tion and Nationality Act (8 U.S.C. 1252) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (B), by inserting ‘‘the 
exercise of discretion specified under this title 
arising under’’ after ‘‘no court shall have juris-
diction to review’’; 
(B) in subparagraph (C), by inserting ‘‘or 
subsection (h)’’ after ‘‘subparagraph (D)’’; and 
(C) in subparagraph (D)— 
(i) by striking ‘‘(other than in this 
section)’’; and 
(ii) by striking ‘‘raised upon a petition 
for review filed with an appropriate court 
of appeals in accordance with this section’’; 
(2) in subsection (b)— 
(A) in paragraph (2), in the first sentence, 
by inserting ‘‘or, in the case of a decision ren-
dered under subsection (c), in the judicial cir-
cuit in which the petitioner resides’’ after ‘‘pro-
ceedings’’; and 
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(B) in paragraph (9), by striking the first 
sentence and inserting the following: ‘‘Except as 
otherwise provided in this section, judicial re-
view of a determination respecting a removal 
order shall be available only in judicial review 
of a final order under this section.’’; 
(3) in subsection (f)— 
(A) in paragraph (1), by striking ‘‘or re-
strain the operation of’’; and 
(B) in paragraph (2), by inserting ‘‘after 
all administrative and judicial review available 
to the alien is complete’’ before ‘‘unless’’; and 
(4) by adding at the end the following: 
‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA-
TIONS RELATING TO STATUS UNDER TITLE 5.— 
‘‘(1) DIRECT REVIEW.—If an alien’s application 
under section 245B is denied, or the approval of 
such application is revoked, after the exhaustion of 
administrative appellate review under subsection (p) 
of that section, the alien may seek review of such de-
cision, in accordance with chapter 7 of title 5, 
United States Code, in the district court of the 
United States for the district in which the alien re-
sides. 
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‘‘(2) STATUS DURING REVIEW.—During the pe-
riod in which a review described in paragraph (1) is 
pending— 
‘‘(A) any unexpired grant of voluntary de-
parture under section 240B shall be tolled; and 
‘‘(B) any order of exclusion, deportation, 
or removal shall automatically be stayed unless 
the court, in its discretion, orders otherwise. 
‘‘(3) 
REVIEW
AFTER
REMOVAL
PRO-
CEEDINGS.—An alien may seek judicial review of a 
denial or revocation of approval of the alien’s appli-
cation under section 245B in the appropriate court 
of appeals of the United States in conjunction with 
the judicial review of an order of removal, deporta-
tion, or exclusion if the validity of the denial or rev-
ocation has not been upheld in a prior judicial pro-
ceeding under paragraph (1). 
‘‘(4) STANDARD FOR JUDICIAL REVIEW.— 
‘‘(A) BASIS.—Judicial review of a denial or 
revocation of an approval of an application 
under section 245B shall be based upon the ad-
ministrative record established at the time of 
the review. 
‘‘(B) AUTHORITY
TO
REMAND.—The re-
viewing court may remand a case under this 
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subsection to the Secretary of Homeland Secu-
rity (referred to in this subsection as the ‘Sec-
retary’) for consideration of additional evidence 
if the court finds that— 
‘‘(i) the additional evidence is mate-
rial; and 
‘‘(ii) there were reasonable grounds 
for failure to adduce the additional evi-
dence before the Secretary. 
‘‘(C) SCOPE OF REVIEW.—Notwithstanding 
any other provision of law, judicial review of all 
questions arising from a denial or revocation of 
approval of an application under section 245B 
shall be governed by the standard of review set 
forth in section 706 of title 5, United States 
Code. 
‘‘(5) REMEDIAL POWERS.— 
‘‘(A) JURISDICTION.—Notwithstanding any 
other provision of law, the district courts of the 
United States shall have jurisdiction over any 
cause or claim arising from a pattern or prac-
tice of the Secretary in the operation or imple-
mentation of the Citizenship for Essential 
Workers Act, or the amendments made by that 
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Act, that is arbitrary, capricious, or otherwise 
contrary to law. 
‘‘(B) SCOPE
OF
RELIEF.—The district 
courts of the United States may order any ap-
propriate relief in a clause or claim described in 
subparagraph (A) without regard to exhaustion, 
ripeness, or other standing requirements (other 
than constitutionally mandated requirements), 
if the court determines that— 
‘‘(i) the resolution of such cause or 
claim will serve judicial and administrative 
efficiency; or 
‘‘(ii) a remedy would otherwise not be 
reasonably available or practicable. 
‘‘(6) CHALLENGES TO THE VALIDITY OF THE 
SYSTEM.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (5), any claim that section 245B or 
any regulation, written policy, written directive, 
or issued or unwritten policy or practice initi-
ated by or under the authority of the Secretary 
to implement such section, violates the Con-
stitution of the United States or is otherwise in 
violation of law is available in an action insti-
tuted in a district court of the United States in 
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accordance with the procedures prescribed in 
this paragraph. 
‘‘(B) SAVINGS PROVISION.—Except as pro-
vided in subparagraph (C), nothing in subpara-
graph (A) may be construed to preclude an ap-
plicant under 245B from asserting that an ac-
tion taken or a decision made by the Secretary 
with respect to the applicant’s status was con-
trary to law. 
‘‘(C) CLASS
ACTIONS.—Any claim de-
scribed in subparagraph (A) that is brought as 
a class action shall be brought in conformity 
with— 
‘‘(i) the Class Action Fairness Act of 
2005 (Public Law 109–2; 119 Stat. 4); 
and 
‘‘(ii) the Federal Rules of Civil Proce-
dure. 
‘‘(D) PRECLUSIVE EFFECT.—The final dis-
position of any claim brought under subpara-
graph (A) shall be preclusive of any such claim 
asserted by the same individual in a subsequent 
proceeding under this subsection. 
‘‘(E) EXHAUSTION
AND
STAY
OF
PRO-
CEEDINGS.— 
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‘‘(i) IN GENERAL.—No claim brought 
under this paragraph shall require the 
plaintiff to exhaust administrative rem-
edies under section 245B(p). 
‘‘(ii) STAY AUTHORIZED.—Nothing in 
this paragraph may be construed to pre-
vent the court from staying proceedings 
under this paragraph to permit the Sec-
retary to evaluate an allegation of an un-
written policy or practice or to take correc-
tive action. In determining whether to 
issue such a stay, the court shall take into 
account any harm the stay may cause to 
the claimant.’’. 
(c) RULEMAKING.— 
(1) IMPLEMENTATION.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary shall issue interim final rules, published in 
the Federal Register, implementing section 245B of 
the Immigration and Nationality Act, as added by 
this Act. 
(2) EFFECTIVE
DATE.—Notwithstanding sec-
tion 553 of title 5, United States Code, the rules 
issued under this subsection shall be effective, on an 
interim basis, immediately upon publication, but 
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may be subject to change and revision after public 
notice and opportunity for a period of public com-
ment. 
(3) FINAL RULES.—Not later than 180 days 
after the date of publication under paragraph (2), 
the Secretary shall finalize the interim rules. 
(d) RULE OF CONSTRUCTION.—Section 244(h) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(h)) 
may not be construed to limit the authority of the Sec-
retary to adjust the status of an alien under section 245B 
of the Immigration and Nationality Act, as added by this 
Act. 
(e) ELIGIBILITY FOR SERVICES.—Section 504(a)(11) 
of the Omnibus Consolidated Rescissions and Appropria-
tions Act of 1996 (Public Law 104–134; 110 Stat. 1321– 
54) shall not be construed to prevent a recipient of funds 
under title X of the Economic Opportunity Act of 1964 
(42 U.S.C. 2996 et seq.) from providing legal assistance 
directly related to an application for status under section 
245B of the Immigration and Nationality Act, as added 
by this Act, or to an alien granted such status. 
(f) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents 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 for essential workers.’’. 
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SEC. 3. RESTORING FAIRNESS TO ADJUDICATIONS. 
(a) WAIVER OF GROUNDS OF INADMISSIBILITY.— 
Section 212 of the Immigration and Nationality Act (8 
U.S.C. 1182) is amended by inserting after subsection (b) 
the following: 
‘‘(c) HUMANITARIAN, FAMILY UNITY, AND PUBLIC 
INTEREST WAIVER.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, except section 245B(c)(1)(B), the 
Secretary of Homeland Security or the Attorney 
General may waive the operation of any 1 or more 
grounds of inadmissibility under this section (exclud-
ing inadmissibility under subsection (a)(3)) for any 
purpose, including eligibility for relief from re-
moval— 
‘‘(A) for humanitarian purposes; 
‘‘(B) to ensure family unity; or 
‘‘(C) if a waiver is otherwise in the public 
interest. 
‘‘(2) CONSIDERATIONS.—In making a deter-
mination under paragraph (1), the Secretary of 
Homeland Security or the Attorney General shall 
consider all mitigating and aggravating factors, in-
cluding— 
‘‘(A) the severity of the underlying cir-
cumstances, conduct, or violation; 
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‘‘(B) the duration of the alien’s residence 
in the United States; 
‘‘(C) evidence of rehabilitation, if applica-
ble; and 
‘‘(D) the extent to which the alien’s re-
moval, or the denial of the alien’s application, 
would adversely affect the alien or the alien’s 
United States citizen or lawful permanent resi-
dent family members.’’. 
(b) WAIVER OF GROUNDS OF DEPORTABILITY.—Sec-
tion 237(a) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)) is amended by adding at the end the fol-
lowing: 
‘‘(8) HUMANITARIAN, FAMILY UNITY, AND PUB-
LIC INTEREST WAIVER.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other 
provision 
of 
law, 
except 
section 
245B(c)(1)(B), the Secretary of Homeland Se-
curity or the Attorney General may waive the 
operation of any 1 or more grounds of deport-
ability under this subsection (excluding deport-
ability under paragraph (2)(A)(iii) based on a 
conviction described in section 101(a)(43)(A) 
and deportability under paragraph (4)) for any 
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purpose, including eligibility for relief from re-
moval— 
‘‘(i) for humanitarian purposes; 
‘‘(ii) to ensure family unity; or 
‘‘(iii) if a waiver is otherwise in the 
public interest. 
‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Sec-
retary of Homeland Security or the Attorney 
General shall consider all mitigating and aggra-
vating factors, including— 
‘‘(i) the severity of the underlying cir-
cumstances, conduct, or violation; 
‘‘(ii) the duration of the alien’s resi-
dence in the United States; 
‘‘(iii) evidence of rehabilitation, if ap-
plicable; and 
‘‘(iv) the extent to which the alien’s 
removal, or the denial of the alien’s appli-
cation, would adversely affect the alien or 
the alien’s United States citizen or lawful 
permanent resident family members.’’. 
(c) REPEAL OF 3-YEAR, 10-YEAR, AND PERMANENT 
BARS.—Section 212(a)(9) of the Immigration and Nation-
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ality Act (8 U.S.C. 1182(a)(9)) is amended to read as fol-
lows: 
‘‘(9) ALIENS PREVIOUSLY REMOVED.— 
‘‘(A) ARRIVING ALIEN.—Any alien who has 
been ordered removed under section 235(b)(1) 
or at the end of proceedings under section 240 
initiated upon the alien’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 re-
moval or at any time in the case of an alien 
convicted of an aggravated felony) is inadmis-
sible. 
‘‘(B) OTHER ALIENS.—Any alien not de-
scribed in subparagraph (A) who seeks admis-
sion within 10 years of the date of such alien’s 
departure or removal (or within 20 years of 
such date in the case of a second or subsequent 
removal or at any time in the case of an alien 
convicted of an aggravated felony) is inadmis-
sible if the alien— 
‘‘(i) has been ordered removed under 
section 240 or any other provision of law; 
or 
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‘‘(ii) departed the United States while 
an order of removal was outstanding. 
‘‘(C) 
EXCEPTION.—Subparagraphs 
(A) 
and (B) shall not apply to an alien seeking ad-
mission within a period if, prior to the date of 
the alien’s reembarkation at a place outside the 
United States or attempt to be admitted from 
foreign contiguous territory, the Secretary of 
Homeland Security has consented to the alien’s 
reapplying for admission.’’. 
SEC. 4. EXPUNGEMENT AND SENTENCING. 
(a) DEFINITION OF CONVICTION.— 
(1) IN GENERAL.—Section 101(a)(48) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(48)) is amended to read as follows: 
‘‘(48)(A) The term ‘conviction’ means, with respect 
to an alien, a formal judgment of guilt of the alien entered 
by a court. 
‘‘(B) The following may not be considered a convic-
tion for purposes of this Act: 
‘‘(i) An adjudication or judgment of guilt that 
has been dismissed, expunged, deferred, annulled, in-
validated, withheld, vacated, or pardoned by the 
President of the United States or the Governor of 
any State. 
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‘‘(ii) Any adjudication in which the court has 
issued— 
‘‘(I) a judicial recommendation against re-
moval; 
‘‘(II) an order of probation without entry 
of judgment; or 
‘‘(III) any similar disposition. 
‘‘(iii) A judgment that is on appeal or is within 
the time to file direct appeal. 
‘‘(C)(i) Unless otherwise provided, with respect to an 
offense, any reference to a term of imprisonment or a sen-
tence is considered to include only the period of incarcer-
ation ordered by a court. 
‘‘(ii) Any such reference shall be considered to ex-
clude any portion of a sentence of which the imposition 
or execution was suspended.’’. 
(2) 
RETROACTIVE
APPLICABILITY.—The 
amendment made by this subsection shall apply with 
respect to any conviction, adjudication, or judgment 
entered before, on, or after the date of the enact-
ment of this Act. 
(b) JUDICIAL
RECOMMENDATION
AGAINST
RE-
MOVAL.—The grounds of inadmissibility and deportability 
under sections 212(a)(2) and 237(a)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)(2) and 
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1227(a)(2)) shall not apply to an alien with a criminal 
conviction if, not later than 180 days after the date on 
which the alien is sentenced, and after having provided 
notice and an opportunity to respond to representatives 
of the State concerned, the Secretary, and prosecuting au-
thorities, the sentencing court issues a recommendation to 
the Secretary that the alien not be removed on the basis 
of the conviction. 
SEC. 5. PETTY OFFENSES. 
Section 212(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(2)(A)) is amended— 
(1) in clause (i), in the matter preceding sub-
clause (I), by striking ‘‘, or who admits having com-
mitted, or who admits committing acts which con-
stitute the essential elements of’’; and 
(2) in clause (ii)— 
(A) in the matter preceding subclause (I), 
by striking ‘‘to an alien who committed only 
one crime’’; 
(B) in subclause (I), by inserting ‘‘the 
alien committed only one crime,’’ before ‘‘the 
crime was committed when’’; and 
(C) by amending subclause (II) to read as 
follows: 
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‘‘(II)(aa) the alien was not con-
victed of more than 2 crimes; and 
‘‘(bb) for each such crime— 
‘‘(AA) the maximum penalty 
possible did not exceed imprison-
ment for 1 year; and 
‘‘(BB) the alien was not 
sentenced to a term of imprison-
ment in excess of 180 days.’’. 
Æ 
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