1968 
DIVISION T—JUDICIARY 
MATTERS 
TITLE I—IMMIGRATION 
MATTERS 
SEC. 101. EXTENSION OF FILING AND OTHER DEADLINES. 
(a) NEW DEADLINES FOR EXTENSION OR CHANGE OF 
STATUS OR OTHER BENEFITS.— 
(1) FILING DELAYS.—In the case of an alien who 
was lawfully present in the United States on January 
26, 2020, the alien’s application for an extension or 
change of nonimmigrant status, application for re-
newal of employment authorization, or any other ap-
plication for extension or renewal of a period of au-
thorized stay, shall be considered timely filed if the 
due date of the application is within the period de-
scribed in subsection (d) and the application is filed 
not later than 60 days after it otherwise would have 
been due. 
(2) DEPARTURE
DELAYS.—In the case of an 
alien who was lawfully present in the United States 
on January 26, 2020, the alien shall not be consid-
ered to be unlawfully present in the United States 
during the period described in subsection (d). 
(3) SPECIFIC AUTHORITY.—
1969 
(A) IN
GENERAL.—With respect to any 
alien whose immigration status, employment au-
thorization, or other authorized period of stay 
has expired or will expire during the period de-
scribed in subsection (d), during the one-year pe-
riod beginning on the date of the enactment of 
this title, or during both such periods, the Sec-
retary of Homeland Security shall automatically 
extend such status, authorization, or period of 
stay until the date that is 90 days after the last 
day of whichever of such periods ends later. 
(B) EXCEPTION.—If the status, authoriza-
tion, or period of stay referred to in subpara-
graph (A) is based on a grant of deferred action, 
or a grant of temporary protected status under 
section 244 of the Immigration and Nationality 
Act (8 U.S.C. 1254a), the extension under such 
subparagraph shall be for a period not less than 
the period for which deferred action or tem-
porary protected status originally was granted 
by the Secretary of Homeland Security. 
(b) IMMIGRANT VISAS.— 
(1) EXTENSION OF VISA EXPIRATION.—Notwith-
standing the limitations under section 221(c) of the 
Immigration and Nationality Act (8 U.S.C. 1201(c)),
1970 
in the case of any immigrant visa issued to an alien 
that expires or expired during the period described in 
subsection (d), the period of validity of the visa is ex-
tended until the date that is 90 days after the end of 
such period. 
(2) ROLLOVER OF UNUSED VISAS.— 
(A) IN
GENERAL.—For fiscal years 2021 
and 2022, the worldwide level of family-spon-
sored immigrants under subsection (c) of section 
201 of the Immigration and Nationality Act (8 
U.S.C. 1151), the worldwide level of employment- 
based immigrants under subsection (d) of such 
section, and the worldwide level of diversity im-
migrants under subsection (e) of such section 
shall each be increased by the number computed 
under subparagraph (B) with respect to each of 
such worldwide levels. 
(B) COMPUTATION OF INCREASE.—For each 
of the worldwide levels described in subpara-
graph (A), the number computed under this sub-
paragraph is the difference (if any) between the 
worldwide level established for the previous fiscal 
year under the applicable subsection of section 
201 of the Immigration and Nationality Act (8 
U.S.C. 1151) and the number of visas that were,
1971 
during the previous fiscal year, issued and used 
as the basis for an application for admission 
into the United States as an immigrant de-
scribed in the applicable subsection. 
(C) CLARIFICATIONS.— 
(i) ALLOCATION
AMONG
PREFERENCE 
CATEGORIES.—The additional visas made 
available for fiscal years 2021 and 2022 as 
a result of the computations made under 
subparagraphs (A) and (B) shall be propor-
tionally allocated as set forth in subsections 
(a), (b), and (c) of section 203 of the Immi-
gration and Nationality Act (8 U.S.C. 
1153). 
(ii) ELIMINATION OF FALL ACROSS.— 
For fiscal years 2021 and 2022, the number 
computed under subsection (c)(3)(C) of sec-
tion 201 of the Immigration and Nation-
ality Act (8 U.S.C. 1151), and the number 
computed under subsection (d)(2)(C) of such 
section, are deemed to equal zero. 
(iii) DIVERSITY
VISAS.—The addi-
tional visas made available for fiscal year 
2021 for the worldwide level of diversity im-
migrants under subsection (e) of section 201
1972 
of the Immigration and Nationality Act (8 
U.S.C. 1151) as a result of the computa-
tions made under subparagraphs (A) and 
(B) shall be first made available to diversity 
immigrants selected in the lottery for fiscal 
year 2020. 
(c) VOLUNTARY DEPARTURE.—Notwithstanding sec-
tion 240B of the Immigration and Nationality Act (8 
U.S.C. 1229c), if a period for voluntary departure under 
such section expires or expired during the period described 
in subsection (d), such voluntary departure period is ex-
tended until the date that is 90 days after the end of such 
period. 
(d) 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 90 days after the date on which such 
public health emergency terminates.
1973 
SEC. 102. TEMPORARY ACCOMMODATIONS FOR NATU-
RALIZATION OATH CEREMONIES DUE TO PUB-
LIC HEALTH EMERGENCY. 
(a) REMOTE OATH CEREMONIES.—Not later than 30 
days after the date of the enactment of this title, the Sec-
retary of Homeland Security shall establish procedures for 
the administration of the oath of renunciation and alle-
giance under section 337 of the Immigration and Nation-
ality Act (8 U.S.C. 1448) using remote videoconferencing, 
or other remote means for individuals who cannot reason-
ably access remote videoconferencing, as an alternative to 
an in-person oath ceremony. 
(b) ELIGIBLE INDIVIDUALS.—Notwithstanding section 
310(b) of the Immigration and Nationality Act (8 U.S.C. 
1421(b)), an individual may complete the naturalization 
process by participating in a remote oath ceremony con-
ducted pursuant to subsection (a) if such individual— 
(1) has an approved application for naturaliza-
tion; 
(2) is unable otherwise to complete the natu-
ralization process due to the cancellation or suspen-
sion of in-person oath ceremonies during 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
1977 
(A) is physically present in the United 
States; and 
(B) is inadmissible to, or deportable from, 
the United States; and 
(2) engaged in essential critical infrastructure 
labor or services in the United States prior to the pe-
riod described in subsection (e) and continues to en-
gage in such labor or services during such period. 
(e) 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 90 days after the date on which such 
public health emergency terminates. 
(f) ESSENTIAL CRITICAL INFRASTRUCTURE LABOR OR 
SERVICES.—For purposes of this section, the term ‘‘essen-
tial critical infrastructure labor or services’’ means labor 
or services performed in an essential critical infrastructure 
sector, as described in the ‘‘Advisory Memorandum on Iden-
tification of Essential Critical Infrastructure Workers Dur-
ing COVID–19 Response’’, revised by the Department of 
Homeland Security on April 17, 2020.
1978 
SEC. 104. SUPPLEMENTING THE COVID RESPONSE WORK-
FORCE. 
(a) EXPEDITED GREEN CARDS FOR CERTAIN PHYSI-
CIANS IN THE UNITED STATES.— 
(1) IN GENERAL.—During the period described 
in paragraph (3), an alien described in paragraph 
(2) may apply to acquire the status of an alien law-
fully admitted to the United States for permanent 
residence consistent with section 201(b)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1151(b)(1)). 
(2) ALIEN DESCRIBED.—An alien described in 
this paragraph is an alien physician (and the spouse 
and children of such alien) who— 
(A) has an approved immigrant visa peti-
tion under section 203(b)(2)(B)(ii) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(2)(B)(ii)) and has completed the service 
requirements for a waiver under such section on 
or before the date of the enactment of this title; 
and 
(B) provides a statement to the Secretary of 
Homeland Security attesting that the alien is 
engaged in or will engage in the practice of med-
icine or medical research involving the diagnosis, 
treatment, or prevention of COVID–19.
1979 
(3) PERIOD DESCRIBED.—The period described 
in this paragraph is the period beginning on the date 
of the enactment of this title and ending 180 days 
after the termination of the public health emergency 
declared by the Secretary of Health and Human 
Services under section 319 of the Public Health Serv-
ice Act (42 U.S.C. 247d), with respect to COVID–19. 
(b) EXPEDITED PROCESSING OF NONIMMIGRANT PETI-
TIONS AND APPLICATIONS.— 
(1) IN GENERAL.—In accordance with the proce-
dures described in paragraph (2), the Secretary of 
Homeland Security shall expedite the processing of 
applications and petitions seeking employment or 
classification of an alien as a nonimmigrant to prac-
tice medicine, provide healthcare, engage in medical 
research, or participate in a graduate medical edu-
cation or training program involving the diagnosis, 
treatment, or prevention of COVID–19. 
(2) APPLICATIONS OR PETITIONS FOR NEW EM-
PLOYMENT OR CHANGE OF STATUS.— 
(A) INITIAL
REVIEW.—Not later than 15 
days after the Secretary of Homeland Security 
receives an application or petition for new em-
ployment or change of status described in para-
graph (1), the Secretary shall conduct an initial
1980 
review of such application or petition and, if ad-
ditional evidence is required, shall issue a re-
quest for evidence. 
(B) DECISION.— 
(i) IN
GENERAL.—The Secretary of 
Homeland Security shall issue a final deci-
sion on an application or petition described 
in paragraph (1) not later than 30 days 
after receipt of such application or petition, 
or, if a request for evidence is issued, not 
later than 15 days after the Secretary re-
ceives the applicant or petitioner’s response 
to such request. 
(ii) E-MAIL.—In addition to delivery 
through regular mail services, decisions de-
scribed in clause (i) shall be transmitted to 
the applicant or petitioner via electronic 
mail, if the applicant or petitioner provides 
the Secretary of Homeland Security with 
an electronic mail address. 
(3) TERMINATION.—This subsection shall take ef-
fect on the date of the enactment of this title and shall 
cease to be effective on the date that is 180 days after 
the termination of the public health emergency de-
clared by the Secretary of Health and Human Serv-
1981 
ices under section 319 of the Public Health Service 
Act (42 U.S.C. 247d), with respect to COVID–19. 
(c) EMERGENCY VISA PROCESSING.— 
(1) VISA PROCESSING.— 
(A) IN GENERAL.—The Secretary of State 
shall prioritize the processing of applications 
submitted by aliens who are seeking a visa based 
on an approved nonimmigrant petition to prac-
tice medicine, provide healthcare, engage in med-
ical research, or participate in a graduate med-
ical education or training program involving the 
diagnosis, treatment, or prevention of COVID– 
19. 
(B) INTERVIEW.— 
(i) IN
GENERAL.—The Secretary of 
State shall ensure that visa appointments 
are scheduled for aliens described in sub-
paragraph (A) not later than 7 business 
days after the alien requests such an ap-
pointment. 
(ii) SUSPENSION
OF
ROUTINE
VISA 
SERVICES.—If routine visa services are un-
available in the alien’s home country— 
(I) the U.S. embassy or consulate 
in the alien’s home country shall—
1982 
(aa) conduct the visa inter-
view with the alien via video-tele-
conferencing technology; or 
(bb) grant an emergency visa 
appointment to the alien not later 
than 10 business days after the 
alien requests such an appoint-
ment; or 
(II) the alien may seek a visa ap-
pointment at any other U.S. embassy 
or consulate where routine visa services 
are available, and such embassy or 
consulate shall make every reasonable 
effort to provide the alien with an ap-
pointment within 10 business days 
after the alien requests such an ap-
pointment. 
(2) INTERVIEW WAIVERS.—Except as provided in 
section 222(h)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1202(h)(2)), the Secretary of State shall 
waive the interview of any alien seeking a non-
immigrant visa based on an approved petition de-
scribed in paragraph (1)(A), if— 
(A) such alien is applying for a visa—
1983 
(i) not more than 3 years after the 
date on which such alien’s prior visa ex-
pired; 
(ii) in the visa classification for which 
such prior visa was issued; and 
(iii) at a consular post located in the 
alien’s country of residence or, if otherwise 
required by regulation, country of nation-
ality; and 
(B) the consular officer has no indication 
that such alien has failed to comply with the im-
migration laws and regulations of the United 
States. 
(3) TERMINATION.—This subsection shall take ef-
fect on the date of the enactment of this title and shall 
cease to be effective on the date that is 180 days after 
the termination of the public health emergency de-
clared by the Secretary of Health and Human Serv-
ices under section 319 of the Public Health Service 
Act (42 U.S.C. 274d), with respect to COVID–19. 
(d) IMPROVING MOBILITY OF NONIMMIGRANT COVID– 
19 WORKERS.— 
(1) 
LICENSURE.—Notwithstanding 
section 
212(j)(2) of the Immigration and Nationality Act (8 
U.S.C. 1182(j)(2)), for the period described in para-
1984 
graph (6), the Secretary of Homeland Security may 
approve a petition for classification as a non-
immigrant 
described 
under 
section 
101(a)(15)(H)(i)(b) of such Act, filed on behalf of a 
physician for purposes of performing direct patient 
care if such physician possesses a license or other au-
thorization required by the State of intended employ-
ment to practice medicine, or is eligible for a waiver 
of such requirement pursuant to an executive order, 
emergency rule, or other action taken by the State to 
modify or suspend regular licensing requirements in 
response to the COVID–19 public health emergency. 
(2) TEMPORARY LIMITATIONS ON AMENDED H–1B 
PETITIONS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the Secretary of Home-
land Security shall not require an employer of a 
nonimmigrant 
alien 
described 
in 
section 
101(a)(15)(H)(i)(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) to 
file an amended or new petition under section 
214(a) of such Act (8 U.S.C. 1184(a)) if upon 
transferring such alien to a new area of employ-
ment, the alien will practice medicine, provide 
healthcare, or engage in medical research involv-
1985 
ing the diagnosis, treatment, or prevention of 
COVID–19. 
(B) CLARIFICATION
ON
TELEMEDICINE.— 
Nothing in the Immigration and Nationality Act 
or any other provision of law shall be construed 
to require an employer of a nonimmigrant alien 
described in section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(i)(b)) to file an amended or new 
petition under section 214(a) of such Act (8 
U.S.C. 1184(a)) if the alien is a physician or 
other healthcare worker who will provide remote 
patient care through the use of real-time audio- 
video communication tools to consult with pa-
tients and other technologies to collect, analyze, 
and transmit medical data and images. 
(3) PERMISSIBLE
WORK
ACTIVITIES
FOR
J–1 
PHYSICIANS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the diagnosis, treatment, 
or prevention of COVID–19 shall be considered 
an integral part of a graduate medical education 
or training program and a nonimmigrant de-
scribed in section 101(a)(15)(J) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1986 
1101(a)(15)(J)) who is participating in such a 
program— 
(i) may be redeployed to a new rota-
tion within the host training institution as 
needed to engage in COVID–19 work; and 
(ii) may receive compensation for such 
work. 
(B) OTHER PERMISSIBLE EMPLOYMENT AC-
TIVITIES.—A nonimmigrant described in section 
101(a)(15)(J) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(J)) who is par-
ticipating in a graduate medical education or 
training program may engage in work outside 
the scope of the approved program, if— 
(i) the work involves the diagnosis, 
treatment, or prevention of COVID–19; 
(ii) the alien has maintained lawful 
nonimmigrant status and has otherwise 
complied with the terms of the education or 
training program; and 
(iii) the program sponsor approves the 
additional work by annotating the non-
immigrant’s Certificate of Eligibility for 
Exchange Visitor (J–1) Status (Form DS– 
2019) and notifying the Immigration and
1987 
Customs Enforcement Student and Ex-
change Visitor Program of the approval of 
such work. 
(C) CLARIFICATION
ON
TELEMEDICINE.— 
Section 214(l)(1)(D) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(l)(1)(D)) may be 
satisfied through the provision of care to patients 
located in areas designated by the Secretary of 
Health and Human Services as having a short-
age of health care professionals, through the phy-
sician’s use of real-time audio-video communica-
tion tools to consult with patients and other tech-
nologies to collect, analyze, and transmit medical 
data and images. 
(4) PORTABILITY
OF
O–1
NONIMMIGRANTS.—A 
nonimmigrant who was previously issued a visa or 
otherwise provided nonimmigrant status under sec-
tion 101(a)(15)(O)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(O)(i)), and is seeking 
an extension of such status, is authorized to accept 
new employment under the terms and conditions de-
scribed in section 214(n) of such Act (8 U.S.C. 
1184(n)). 
(5) INCREASING THE ABILITY OF PHYSICIANS TO 
CHANGE NONIMMIGRANT STATUS.—
1988 
(A) CHANGE
OF
NONIMMIGRANT
CLASSI-
FICATION.—Section 248(a) of the Immigration 
and Nationality Act (8 U.S.C. 1184(l)), is 
amended— 
(i) in paragraph (1), by inserting 
‘‘and’’ after the comma at the end; 
(ii) by striking paragraphs (2) and 
(3); and 
(iii) by redesignating paragraph (4) as 
paragraph (2). 
(B) ADMISSION OF NONIMMIGRANTS.—Sec-
tion 214(l)(2)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(l)(2)(A)) is amend-
ed 
by 
striking 
‘‘Notwithstanding 
section 
248(a)(2), the’’ and inserting ‘‘The’’. 
(6) TERMINATION.—This subsection shall take ef-
fect on the date of the enactment of this title and ex-
cept as provided in paragraphs (2)(B), (3)(C), (4), 
and (5), shall cease to be effective on that date that 
is 180 days after the termination 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. 
(e) CONRAD 30 PROGRAM.—
1989 
(1) 
PERMANENT
AUTHORIZATION.—Section 
220(c) of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103–416; 8 
U.S.C. 1182 note) is amended by striking ‘‘and before 
September 30, 2015’’. 
(2) ADMISSION
OF
NONIMMIGRANTS.—Section 
214(l) of the Immigration and Nationality Act (8 
U.S.C. 1184(l)), is amended— 
(A) in paragraph (1)(B)— 
(i) by striking ‘‘30’’ and inserting 
‘‘35’’; and 
(ii) by inserting ‘‘, except as provided 
in paragraph (4)’’ before the semicolon at 
the end; and 
(B) by adding at the end the following: 
‘‘(4) ADJUSTMENT IN WAIVER NUMBERS.— 
‘‘(A) INCREASES.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), if in any fiscal year, not less 
than 90 percent of the waivers provided 
under paragraph (1)(B) are utilized by 
States receiving at least 5 such waivers, the 
number of such waivers allotted to each 
State shall increase by 5 for each subsequent 
fiscal year.
1990 
‘‘(ii) EXCEPTION.—If 45 or more waiv-
ers are allotted to States in any fiscal year, 
an increase of 5 waivers in subsequent fiscal 
years shall be provided only in the case that 
not less than 95 percent of such waivers are 
utilized by States receiving at least 1 waiv-
er. 
‘‘(B) DECREASES.—If in any fiscal year in 
which there was an increase in waivers, the total 
number of waivers utilized is 5 percent lower 
than in the previous fiscal year, the number of 
such waivers allotted to each State shall decrease 
by 5 for each subsequent fiscal year, except that 
in no case shall the number of waivers allotted 
to each State drop below 35.’’. 
(f) TEMPORARY PORTABILITY FOR PHYSICIANS AND 
CRITICAL
HEALTHCARE
WORKERS
IN
RESPONSE
TO 
COVID–19 PUBLIC HEALTH EMERGENCY.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this title, the Secretary 
of Homeland Security, in consultation with the Sec-
retary of Labor and the Secretary of Health and 
Human Services, shall establish emergency procedures 
to provide employment authorization to aliens de-
scribed in paragraph (2), for purposes of facilitating
1991 
the temporary deployment of such aliens to practice 
medicine, provide healthcare, or engage in medical re-
search involving the diagnosis, treatment, or preven-
tion of COVID–19. 
(2) ALIENS DESCRIBED.—An alien described in 
this paragraph is an alien who is— 
(A) physically present in the United States; 
(B) maintaining lawful nonimmigrant sta-
tus that authorizes employment with a specific 
employer incident to such status; and 
(C) working in the United States in a 
healthcare occupation essential to COVID–19 re-
sponse, as determined by the Secretary of Health 
and Human Services. 
(3) EMPLOYMENT AUTHORIZATION.— 
(A) APPLICATION.— 
(i) IN
GENERAL.—The Secretary of 
Homeland Security may grant employment 
authorization to an alien described in para-
graph (2) if such alien submits an Applica-
tion for Employment Authorization (Form 
I–765 or any successor form), which shall 
include— 
(I) evidence of the alien’s current 
nonimmigrant status;
1992 
(II) copies of the alien’s academic 
degrees and any licenses, credentials, 
or other documentation confirming au-
thorization to practice in the alien’s 
occupation; and 
(III) any other evidence deter-
mined necessary by the Secretary of 
Homeland Security to establish by a 
preponderance of the evidence that the 
alien meets the requirements of para-
graph (2). 
(ii) CONVERSION OF PENDING APPLICA-
TIONS.—The Secretary of Homeland Secu-
rity shall establish procedures for the adju-
dication of any employment authorization 
applications for aliens described in para-
graph (2) that are pending on the date of 
the enactment of this title, and the issuance 
of employment authorization documents in 
connection with such applications in ac-
cordance with the terms and conditions of 
this subsection, upon request by the appli-
cant. 
(B) FEES.—The Secretary of Homeland Se-
curity shall collect a fee for the processing of ap-
1993 
plications for employment authorization as pro-
vided under this paragraph. 
(C) REQUEST
FOR
EVIDENCE.—If all re-
quired initial evidence has been submitted under 
this subsection but such evidence does not estab-
lish eligibility, the Secretary of Homeland Secu-
rity shall issue a request for evidence not later 
than 15 days after receipt of the application for 
employment authorization. 
(D) DECISION.—The Secretary of Home-
land Security shall issue a final decision on an 
application for employment authorization under 
this subsection not later than 30 days after re-
ceipt of such application, or, if a request for evi-
dence is issued, not later than 15 days after the 
Secretary receives the alien’s response to such re-
quest. 
(E) EMPLOYMENT AUTHORIZATION CARD.— 
An employment authorization document issued 
under this subsection shall— 
(i) be valid for a period of not less 
than 1 year; 
(ii) include the annotation ‘‘COVID– 
19’’; and
1994 
(iii) notwithstanding any other provi-
sion of law, allow the bearer of such docu-
ment to engage in employment during its 
validity period, with any United States em-
ployer to perform services described in 
paragraph (1). 
(F) RENEWAL.—Subject to paragraph (5), 
the Secretary of Homeland Security may renew 
an employment authorization document issued 
under this subsection in accordance with proce-
dures established by the Secretary. 
(G) CLARIFICATIONS.— 
(i) MAINTENANCE
OF
STATUS.—Not-
withstanding a reduction in hours or ces-
sation of work with the employer that peti-
tioned for the alien’s underlying non-
immigrant status, an alien granted employ-
ment authorization under this subsection, 
and the spouse and children of such alien 
shall, for the period of such authorization, 
be deemed— 
(I) to be lawfully present in the 
United States; and 
(II) to have continuously main-
tained the alien’s underlying non-
1996 
agnosis, treatment, or prevention of COVID–19 shall 
count towards— 
(A) the 5 years that an alien is required to 
work as a full-time physician for purposes of a 
national 
interest 
waiver 
under 
section 
203(b)(2)(B)(ii) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)(2)(B)(ii)); and 
(B) the 3 years that an alien is required to 
work as a full-time physician for purposes of a 
waiver of the 2-year foreign residence require-
ment under section 212(e) of the Immigration 
and Nationality Act (8 U.S.C. 1182(e)), as pro-
vided in section 214(l) of such Act (8 U.S.C. 
1184(l)). 
(5) EXTENSION
OR
TERMINATION.—The proce-
dures described in paragraph (1) shall take effect on 
the date that is 30 days after the date of the enact-
ment of this title and shall remain in effect until 180 
days after the termination of the public health emer-
gency 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. 
(g) SPECIAL IMMIGRANT STATUS FOR NONIMMIGRANT 
COVID–19 WORKERS AND THEIR FAMILIES.—
1997 
(1) IN GENERAL.—The Secretary of Homeland 
Security may grant a petition for special immigrant 
classification to an alien described in paragraph (2) 
(and the spouse and children of such alien) if the 
alien files a petition for special immigrant status 
under section 204 of the Immigration and Nation-
ality Act (8 U.S.C. 1154) for classification under sec-
tion 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)). 
(2) ALIENS DESCRIBED.—An alien is described 
in this paragraph if, during the period beginning on 
the date that the COVID–19 public health emergency 
was declared by the Secretary of Health and Human 
Services under section 319 of the Public Health Serv-
ice Act (42 U.S.C. 247d) and ending 180 days after 
the termination of such emergency, the alien was— 
(A) authorized for employment in the 
United States and maintaining a nonimmigrant 
status; and 
(B) engaged in the practice of medicine, 
provision of healthcare services, or medical re-
search involving the diagnosis, treatment, or pre-
vention of COVID–19 disease. 
(3) PRIORITY DATE.—Subject to paragraph (5), 
immigrant visas under paragraph (1) shall be made 
available to aliens in the order in which a petition
1998 
on behalf of each such alien is filed with the Secretary 
of Homeland Security, except that an alien shall 
maintain any priority date that was assigned with 
respect to an immigrant visa petition or application 
for labor certification that was previously filed on be-
half of such alien. 
(4) PROTECTIONS FOR SURVIVING SPOUSES AND 
CHILDREN.— 
(A) SURVIVING SPOUSES AND CHILDREN.— 
Notwithstanding the death of an alien described 
in paragraph (2), the Secretary of State may 
approve an application for an immigrant visa, 
and the Secretary of Homeland Security may 
approve an application for adjustment of status 
to lawful permanent resident, filed by or on be-
half of a spouse or child of such alien. 
(B) AGE-OUT PROTECTION.—For purposes 
of an application for an immigrant visa or ad-
justment of status filed by or on behalf of a child 
of an alien described in paragraph (2), the deter-
mination of whether the child satisfies the age re-
quirement under section 101(b)(1) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(b)(1)) shall be made using the age of the
1999 
child on the date the immigrant visa petition 
under paragraph (1) was approved. 
(C) CONTINUATION OF NONIMMIGRANT STA-
TUS.—A spouse or child of an alien described in 
paragraph (2) shall be considered to have main-
tained lawful nonimmigrant status until the ear-
lier of the date— 
(i) on which the Secretary of Home-
land Security accepts for filing, an applica-
tion for adjustment of status based on a pe-
tition described in paragraph (1); or 
(ii) that is 2 years after the date of the 
principal nonimmigrant’s death. 
(5) NUMERICAL LIMITATIONS.— 
(A) IN
GENERAL.—The total number of 
principal aliens who may be provided special 
immigrant status under this subsection may not 
exceed 4,000 per year for each of the 3 fiscal 
years beginning after the date of the enactment 
of this title. 
(B) EXCLUSION FROM NUMERICAL LIMITA-
TIONS.—Aliens provided special immigrant sta-
tus under this subsection shall not be counted 
against any numerical limitations under section 
201(d), 202(a), or 203(b)(4) of the Immigration
2000 
and Nationality Act (8 U.S.C. 1151(d), 1152(a), 
or 1153(b)(4)). 
(C) CARRY
FORWARD.—If the numerical 
limitation specified in subparagraph (A) is not 
reached during a given fiscal year referred to in 
such subparagraph, the numerical limitation 
specified in such subparagraph for the following 
fiscal year shall be increased by a number equal 
to the difference between— 
(i) the numerical limitation specified 
in subparagraph (A) for the given fiscal 
year; and 
(ii) the number of principal aliens 
provided special immigrant status under 
this subsection during the given fiscal year. 
SEC. 105. ICE DETENTION. 
(a) REVIEWING ICE DETENTION.—During 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, 
the Secretary of Homeland Security shall review the immi-
gration files of all individuals in the custody of U.S. Immi-
gration and Customs Enforcement to assess the need for 
continued detention. The Secretary of Homeland Security 
shall prioritize for release on recognizance or alternatives
2001 
to detention individuals who are not subject to mandatory 
detention laws, unless the individual is a threat to public 
safety or national security. 
(b) ACCESS TO ELECTRONIC COMMUNICATIONS AND 
HYGIENE PRODUCTS.—During the period described in sub-
section (c), the Secretary of Homeland Security shall ensure 
that— 
(1) all individuals in the custody of U.S. Immi-
gration and Customs Enforcement— 
(A) have access to telephonic or video com-
munication at no cost to the detained individual; 
(B) have access to free, unmonitored tele-
phone calls, at any time, to contact attorneys or 
legal service providers in a sufficiently private 
space to protect confidentiality; 
(C) are permitted to receive legal cor-
respondence by fax or email rather than postal 
mail; and 
(D) are provided sufficient soap, hand sani-
tizer, and other hygiene products; and 
(2) nonprofit organizations providing legal ori-
entation programming or know-your-rights program-
ming to individuals in the custody of U.S. Immigra-
tion and Customs Enforcement are permitted broad 
and flexible access to such individuals—
2002 
(A) to provide group presentations using re-
mote videoconferencing; and 
(B) to schedule and provide individual ori-
entations using free telephone calls or remote 
videoconferencing. 
(c) 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 90 days after the date on which such 
public health emergency terminates. 
SEC. 106. CONDITION ON FURLOUGH. 
U.S. Citizenship and Immigration Services may not 
furlough any employee in any pay period in fiscal year 
2021 if the agency has sufficient available balances for com-
pensation for such employee during such pay period. 
SEC. 107. LIMITATION ON USE OF FUNDS BY OTHER AGEN-
CIES. 
Notwithstanding any other provision of law, none of 
the funds deposited into the Immigration Examinations Fee 
Account pursuant to subsection (m) or (u) of section 286 
of the Immigration and Nationality Act (8 U.S.C. 1356),
2003 
may be made available to any other Federal agency for such 
other agency’s purpose, unless such funds were made avail-
able to such agency for such purpose in fiscal year 2019. 
SEC. 108. CHIEF FINANCIAL OFFICER. 
(a) REPORT TO DIRECTOR.—The Chief Financial Offi-
cer of U.S. Citizenship and Immigration Services shall re-
port to the Director of U.S. Citizenship and Immigration 
Services. 
(b) REQUIRED
CONSULTATION.—Prior to imple-
menting any substantive change to a policy, program, or 
process, the Director of U.S. Citizenship and Immigration 
Services shall consider the impact of such change on the 
agency’s revenue, expenditures, and reserve funding in con-
sultation with the agency’s Chief Financial Officer. 
SEC. 109. INDEPENDENT VERIFICATION AND VALIDATION 
REVIEW. 
Not later than 180 days after the date of enactment 
of this Act, the Director of U.S. Citizenship and Immigra-
tion Services shall submit to the Committees on the Judici-
ary of the House of Representatives and the Senate, and 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate, the results and recommenda-
tions of an Independent Verification and Validation review 
of each model used by the agency to inform adjustments
2004 
of fees charged for the adjudication of immigration and citi-
zenship benefit requests. 
SEC. 110. REPORTING REQUIREMENT. 
(a) IN GENERAL.—In addition to the requirements of 
section 286(o) of the Immigration and Nationality Act (8 
U.S.C. 1356(o)), the Secretary of Homeland Security shall 
prepare a report on the fiscal status of U.S. Citizenship 
and Immigration Services that includes the following, 
disaggregated by funding source— 
(1) the annual operating plan broken out by di-
rectorate and program office within such agency, 
which shall include obligations and current year ex-
penditures for the preceding quarter, along with pro-
jected obligations and expenditures for the current 
quarter and the subsequent quarters; 
(2) fee receipts for each form type for the pre-
ceding quarter and estimates of such receipts for the 
current and subsequent quarter; 
(3) other agency expenses, including payments or 
transfers to other Federal agencies and general oper-
ating expenses; 
(4) the percentage of revenue generated from pre-
mium processing receipts used for the adjudication of 
non-premium benefit applications;
2005 
(5) carryover or reserve funding projections, obli-
gations, and expenditures; 
(6) productivity measurement data, by form 
type, directorate, and program office, measured 
against baseline capacity and workload volumes; 
(7) the impact on such measurement data from 
changes in personnel, technology usage, or processes; 
(8) processing times by program office and direc-
torate, disaggregated by form type; and 
(9) backlogs by form type, including petitions for 
family- and employment-based immigration benefits 
and for asylum and other humanitarian protections. 
(b) REVIEW.—The report required in subsection (a) 
shall be— 
(1) validated and reviewed by the Chief Finan-
cial Officer of the Department of Homeland Security; 
and 
(2) submitted to the Committees on the Judici-
ary of the Senate and the House of Representatives 
and the Committees on Appropriations of the Senate 
and the House of Representatives not later than 90 
days after the date of enactment of this Act and every 
180 days thereafter. 
(c) PUBLIC AVAILABILITY.—The information described 
in paragraphs (6) through (9) of subsection (a) shall also
2006 
be made available not later than 15 days after the end of 
each fiscal quarter on a publicly available website. 
(d) REVENUE EARNINGS REPORT.—Not later than 60 
days after the date of enactment of this Act and updated 
monthly thereafter, the Director of U.S. Citizenship and 
Immigration Services shall publish on a publicly available 
website in a downloadable, searchable, and sortable format 
a revenue earnings report that includes data beginning Oc-
tober 1, 2009, which shall be disaggregated by month and 
revenue source. 
(e) INDEPENDENT REVIEW.—The Comptroller General 
of the United States shall conduct an independent review 
of the first report submitted pursuant to subsection (b) and 
shall examine the circumstances that led to fiscal situation 
for U.S. Citizenship and Immigration Services for the fiscal 
years 2017 through 2020. 
TITLE II—PRISONS AND JAILS 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Pandemic Justice Re-
sponse Act’’. 
SEC. 202. EMERGENCY COMMUNITY SUPERVISION ACT. 
(a) FINDINGS.—Congress finds the following: 
(1) As of the date of introduction of this Act, the 
novel coronavirus has spread to all 50 States, the Dis-
trict of Columbia, and at least 4 territories.
2007 
(2) As of September 27, 2020, more than 
7,119,400 people in the United States had been in-
fected with the coronavirus and at least 204,400 had 
died. 
(3) Although the United States has less than 5 
percent of the world’s population, the United States 
holds approximately 21 percent of the world’s pris-
oners and leads the world in the number of individ-
uals incarcerated, with nearly 2,200,000 people incar-
cerated in State and Federal prisons and local jails. 
(4) Studies have shown that individuals age out 
of crime starting around 25 years of age, and released 
individuals over the age of 50 have a very low recidi-
vism rate. 
(5) According to public health experts, incarcer-
ated individuals are particularly vulnerable to being 
gravely impacted by the novel corona virus pandemic 
because— 
(A) they have higher rates of underlying 
health issues than members of the general public, 
including higher rates of respiratory disease, 
heart disease, diabetes, obesity, HIV/AIDS, sub-
stance abuse, hepatitis, and other conditions that 
suppress immune response; and
2008 
(B) the close conditions and lack of access 
to hygiene products in prisons make these insti-
tutions unusually susceptible to viral pandemics. 
(6) The spread of communicable disease in the 
United States generally constitutes a serious, height-
ened threat to the safety of incarcerated individuals, 
and there is a serious threat to the general public that 
prisons may become incubators of community spread 
of communicable viral disease. 
(b) DEFINITIONS.—In this section: 
(1) COVERED
HEALTH
CONDITION.—The term 
‘‘covered health condition’’ with respect to an indi-
vidual, means the individual— 
(A) is pregnant; 
(B) has chronic lung disease or asthma; 
(C) has congestive heart failure or coronary 
artery disease; 
(D) has diabetes; 
(E) has a neurological condition that weak-
ens the ability to cough or breathe; 
(F) has HIV; 
(G) has sickle cell anemia; 
(H) has cancer; or 
(I) has a weakened immune system.
2009 
(2) COVERED INDIVIDUAL.—The term ‘‘covered 
individual’’— 
(A) means an individual who— 
(i) is a juvenile (as defined in section 
5031 of title 18, United States Code); 
(ii) is 50 years of age or older; 
(iii) has a covered health condition; or 
(iv) is within 12 months of release 
from incarceration; and 
(B) includes an individual described in sub-
paragraph (A) who is serving a term of impris-
onment for an offense committed before November 
1, 1987, or who is serving a term of imprison-
ment in the custody of the Bureau of Prisons for 
a sentence imposed pursuant to a conviction for 
a criminal offense under the laws of the District 
of Columbia. 
(3) NATIONAL EMERGENCY RELATING TO A COM-
MUNICABLE DISEASE.—The term ‘‘national emergency 
relating to a communicable disease’’ means— 
(A) an emergency involving Federal pri-
mary responsibility determined to exist by the 
President under the section 501(b) of the Robert 
T. Stafford Disaster Relief and Emergency As-
2010 
sistance Act (42 U.S.C. 5191(b)) with respect to 
a communicable disease; or 
(B) a national emergency declared by the 
President under the National Emergencies Act 
(50 U.S.C. 1601 et seq.) with respect to a com-
municable disease. 
(c) PLACEMENT OF CERTAIN INDIVIDUALS IN COMMU-
NITY SUPERVISION.— 
(1) AUTHORITY.—Except as provided in para-
graph (2), beginning on the date on which a national 
emergency relating to a communicable disease is de-
clared and ending on the date that is 60 days after 
such national emergency expires or is terminated— 
(A) notwithstanding any other provision of 
law, the Director of the Bureau of Prisons shall 
place in community supervision all covered indi-
viduals who are in the custody of the Bureau of 
Prisons; and 
(B) the district court of the United States 
for each judicial district shall place in commu-
nity supervision all covered individuals who are 
in the custody and care of the United States 
Marshals Service. 
(2) EXCEPTIONS.—
2011 
(A) BUREAU OF PRISONS.—In carrying out 
paragraph (1)(A), the Director— 
(i) may not place in community super-
vision any individual determined, by clear 
and convincing evidence, taking into ac-
count the individual’s offense of conviction, 
to be likely to pose a specific and substan-
tial risk of causing bodily injury to or 
using violent force against the person of an-
other; 
(ii) shall place in the file of each indi-
vidual described in clause (i) documenta-
tion of such determination, including the 
evidence used to make the determination; 
and 
(iii) not later than 180 days after the 
date on which the national emergency relat-
ing to a communicable disease expires, shall 
provide a report to Congress documenting— 
(I) the demographic data (includ-
ing race, gender, age, offense of convic-
tion, and criminal history level) of the 
individuals denied placement in com-
munity supervision under clause (i); 
and
2012 
(II) the justification for the deni-
als described in subclause (I). 
(B) DISTRICT
COURTS.—In carrying out 
paragraph (1)(B), each district court of the 
United States— 
(i) shall conduct an immediate and ex-
pedited review of the detention orders of all 
covered individuals in the custody and care 
of the United States Marshals Service, 
which may be conducted sua sponte and ex 
parte, without— 
(I) appearance by the defendant 
or any party; or 
(II) requiring a petition, motion, 
or other similar document to be filed; 
(ii) may not place in community su-
pervision any individual if the court deter-
mines, after a hearing and the attorney for 
the Government shows by clear and con-
vincing evidence based on individualized 
facts, that detention is necessary because the 
individual’s release will pose a specific and 
substantial risk that the individual will 
cause bodily injury or use violent force 
against the person of another and that no
2013 
conditions of release will reasonably miti-
gate that risk; 
(iii) in carrying out clauses (i) and 
(ii), may— 
(I) rely on evidence presented in 
prior court proceedings; and 
(II) if the court determines it nec-
essary, request additional information 
from the parties to make the deter-
mination. 
(3) LIMITATION
ON
COMMUNITY
SUPERVISION 
PLACEMENT.—In placing covered individuals into 
community supervision under this section, the Direc-
tor of the Bureau of Prisons and the district court of 
the United States for each judicial district shall take 
into account and prioritize placements that enable 
adequate social distancing, which include home con-
finement or other forms of low in-person-contact su-
pervised release. 
(d) LIMITATION ON PRE-TRIAL DETENTION.— 
(1) NO BOND CONDITIONS ON RELEASE.—Not-
withstanding section 3142 of title 18, United States 
Code, beginning on the date on which a national 
emergency relating to a communicable disease is de-
clared and ending on the date that is 60 days after
2014 
such national emergency expires or is terminated, in 
imposing conditions of release, the judicial officer 
may not require payment of cash bail, proof of ability 
to pay an unsecured bond, execution of a bail bond, 
a solvent surety to co-sign a secured or unsecured 
bond, or posting of real property. 
(2) LIMITATION.— 
(A) IN GENERAL.—Beginning on the date 
on which a national emergency relating to a 
communicable disease is declared and ending on 
the date that is 60 days after such national 
emergency expires or is terminated, at any ini-
tial appearance hearing, detention hearing, hear-
ing on a motion for pretrial release, or any other 
hearing where the attorney for the Government is 
seeking the detention or continued detention of 
any individual, the judicial officer shall order 
the pretrial release of the individual on personal 
recognizance or on a condition or combination of 
conditions under section 3142(c) of title 18, 
United States Code, unless the attorney for the 
Government shows by clear and convincing evi-
dence based on individualized facts that deten-
tion is necessary because the individual’s release 
will pose a specific and substantial risk that the
2015 
individual will cause bodily injury or use violent 
force against the person of another and that no 
conditions of release will reasonably mitigate 
that risk. 
(B) REQUIRED CONSIDERATION OF CERTAIN 
FACTORS.—If the judicial officer finds that the 
attorney for the Government has made the req-
uisite showing under subparagraph (A), the judi-
cial officer shall take into consideration, in de-
termining whether detention is necessary— 
(i) whether the individual’s age or 
medical condition renders them especially 
vulnerable; and 
(ii) whether detention will compromise 
the individual’s access to adequate medical 
treatment, access to medications, or ability 
to privately consult with counsel and mean-
ingfully prepare a defense. 
(C) JUVENILES.— 
(i) IN
GENERAL.—Beginning on the 
date on which a national emergency relat-
ing to a communicable disease is declared 
and ending on the date that is 60 days after 
such national emergency expires or is ter-
minated, notwithstanding sections 5031