I 
118TH CONGRESS 
1ST SESSION H. R. 3442 
To amend the Immigration and Nationality Act to authorize lawful permanent 
resident status for certain college graduates who entered the United 
States as children, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2023 
Ms. ROSS (for herself, Mrs. MILLER-MEEKS, Mr. KRISHNAMOORTHI, Mrs. 
KIM of California, Mr. BERA, Ms. SALAZAR, Mr. FITZPATRICK, Mrs. 
HINSON, Mr. DUARTE, Mr. SOTO, Ms. DELBENE, Mr. BACON, Mr. 
STANTON, Ms. MACE, Mr. WOMACK, and Mrs. FOUSHEE) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to authorize 
lawful permanent resident status for certain college grad-
uates who entered the United States as children, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘America’s CHIL-
DREN Act of 2023’’ or the ‘‘Protecting Children of Long- 
Term Visa Holders Act of 2023’’. 
VerDate Sep 11 2014 
21:12 Jun 08, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3442.IH
H3442
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. PERMANENT RESIDENT STATUS FOR CERTAIN COL-
LEGE 
GRADUATES 
WHO 
ENTERED 
THE 
UNITED STATES AS CHILDREN. 
(a) REQUIREMENTS.—Section 201(b)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1151(b)(1)) is 
amended by adding at the end the following: 
‘‘(F) Any alien who— 
‘‘(i) is not inadmissible under section 
212(a) or deportable under section 237(a); 
‘‘(ii) was lawfully present in the United 
States as a dependent child of a nonimmigrant 
admitted to engage in employment in the 
United States (other than a nonimmigrant de-
scribed in subparagraph (A), (G), (N), or (S) of 
section 101(a)(15)) for an aggregate period of 
not less than 8 years; 
‘‘(iii) on the date on which an application 
under section 204(a)(1)(M) is submitted, has 
been lawfully present in the United States for 
an aggregate period of not less than 10 years; 
and 
‘‘(iv) has graduated from an institution of 
higher education (as defined in section 102(a) 
of the Higher Education Act of 1965 (20 
U.S.C. 1002(a))) in the United States.’’. 
VerDate Sep 11 2014 
21:12 Jun 08, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3442.IH
H3442
kjohnson on DSK79L0C42PROD with BILLS
(b) PETITION.—Section 204(a)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend-
ed by adding at the end the following: 
‘‘(M) Any alien entitled to classification 
under section 201(b)(1)(F) may file a petition 
with the Secretary of Homeland Security for 
such classification.’’. 
SEC. 3. AGE-OUT PROTECTIONS AND PRIORITY DATE RE-
TENTION. 
(a) AGE-OUT PROTECTIONS.— 
(1) IN GENERAL.—The Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) is amended— 
(A) in section 101(b) (8 U.S.C. 1101(b)), 
by adding at the end the following: 
‘‘(6) DETERMINATION
OF
CHILD
STATUS.—A 
determination as to whether an alien is a child shall 
be made as follows: 
‘‘(A) IN GENERAL.—For purposes of a pe-
tition under section 204 and any subsequent 
application for an immigrant visa or adjustment 
of status, such determination shall be made 
using the age of the alien on the earlier of— 
‘‘(i) the date on which the petition is 
filed with the Secretary of Homeland Secu-
rity; or 
VerDate Sep 11 2014 
21:12 Jun 08, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3442.IH
H3442
kjohnson on DSK79L0C42PROD with BILLS
‘‘(ii) the date on which an application 
for a labor certification under section 
212(a)(5)(A)(i) is filed with the Secretary 
of Labor. 
‘‘(B) CERTAIN
DEPENDENTS
OF
NON-
IMMIGRANTS.—With respect to an alien who, 
for an aggregate period of 8 years before at-
taining the age of 21, was in the status of a de-
pendent child of a nonimmigrant pursuant to a 
lawful admission as an alien eligible to be em-
ployed in the United States (other than a non-
immigrant described in subparagraph (A), (G), 
(N), or (S) of section 101(a)(15)), notwith-
standing clause (i), the determination of the 
alien’s age shall be based on the date on which 
such initial nonimmigrant employment-based 
petition or application was filed by the alien’s 
nonimmigrant parent. 
‘‘(C) FAILURE
TO
ACQUIRE
STATUS
AS 
ALIEN LAWFULLY ADMITTED FOR PERMANENT 
RESIDENCE.—With respect to an alien who has 
not sought to acquire status as an alien lawfully 
admitted for permanent residence during the 2 
years beginning on the date on which an immi-
grant visa becomes available to such alien, the 
VerDate Sep 11 2014 
21:12 Jun 08, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3442.IH
H3442
kjohnson on DSK79L0C42PROD with BILLS
alien’s age shall be determined based on the 
alien’s biological age, unless the failure to seek 
to acquire such status was due to extraordinary 
circumstances.’’; and 
(B) in section 201(f) (8 U.S.C. 1151)— 
(i) by striking the subsection heading 
and all that follows through ‘‘TERMI-
NATION DATE.—’’ in paragraph (3) and 
inserting 
‘‘RULE
FOR
DETERMINING 
WHETHER CERTAIN ALIENS ARE IMME-
DIATE RELATIVES.—’’; and 
(ii) by striking paragraph (4). 
(2) EFFECTIVE DATE.— 
(A) IN GENERAL.—The amendments made 
by this subsection shall be effective as if in-
cluded in the Child Status Protection Act (Pub-
lic Law 107–208; 116 Stat. 927). 
(B) MOTION
TO
REOPEN
OR
RECON-
SIDER.— 
(i) IN GENERAL.—A motion to reopen 
or reconsider the denial of a petition or ap-
plication described in the amendment made 
by paragraph (1)(A) may be granted if— 
(I) such petition or application 
would have been approved if the 
VerDate Sep 11 2014 
21:12 Jun 08, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3442.IH
H3442
kjohnson on DSK79L0C42PROD with BILLS
amendment described in such para-
graph had been in effect at the time 
of adjudication of the petition or ap-
plication; 
(II) the individual seeking relief 
pursuant to such motion was in the 
United States at the time the under-
lying petition or application was filed; 
and 
(III) such motion is filed with the 
Secretary of Homeland Security or 
the Attorney General not later than 
the date that is 2 years after the date 
of the enactment of this Act. 
(ii) EXEMPTION
FROM
NUMERICAL 
LIMITATIONS.—Notwithstanding any other 
provision of law, an individual granted re-
lief pursuant to a motion to reopen or re-
consider under clause (i) shall be exempt 
from the numerical limitations in sections 
201, 202, and 203 of the Immigration and 
Nationality Act (8 U.S.C. 1151, 1152, and 
1153). 
VerDate Sep 11 2014 
21:12 Jun 08, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3442.IH
H3442
kjohnson on DSK79L0C42PROD with BILLS
(b) NONIMMIGRANT DEPENDENT CHILDREN.—Sec-
tion 214 of the Immigration and Nationality Act (8 U.S.C. 
1184) is amended by adding at the end the following: 
‘‘(s) DERIVATIVE BENEFICIARIES.— 
‘‘(1) IN
GENERAL.—Except as described in 
paragraph (2), the determination as to whether an 
alien who is the derivative beneficiary of a properly 
filed pending or approved immigrant petition under 
section 204 is eligible to be a dependent child shall 
be based on whether the alien is determined to be 
a child under section 101(b)(6). 
‘‘(2) LONG-TERM
DEPENDENTS.—If otherwise 
eligible, an alien who is determined to be a child 
pursuant to section 101(b)(6)(B) may change status 
to, or extend status as, a dependent child of a non-
immigrant with an approved employment-based peti-
tion under this section or an approved application 
under section 101(a)(15)(E), notwithstanding such 
alien’s marital status. 
‘‘(3) EMPLOYMENT AUTHORIZATION.—An alien 
admitted to the United States as a dependent child 
of a nonimmigrant who is described in this section 
is authorized to engage in employment in the United 
States incident to status.’’. 
VerDate Sep 11 2014 
21:12 Jun 08, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3442.IH
H3442
kjohnson on DSK79L0C42PROD with BILLS
(c) PRIORITY DATE RETENTION.—Section 203(h) of 
the Immigration and Nationality Act (8 U.S.C. 1153(h)) 
is amended— 
(1) by striking the subsection heading and in-
serting ‘‘RETENTION OF PRIORITY DATES’’; 
(2) by striking paragraphs (1) through (4); 
(3) by redesignating paragraph (5) as para-
graph (3); and 
(4) by inserting before paragraph (3) the fol-
lowing: 
‘‘(1) IN GENERAL.—The priority date for an in-
dividual shall be the date on which a petition under 
section 204 is filed with the Secretary of Homeland 
Security or the Secretary of State, as applicable, un-
less such petition was preceded by the filing of a 
labor certification with the Secretary of Labor, in 
which case the date on which the labor certification 
is filed shall be the priority date. 
‘‘(2) APPLICABILITY.—The principal beneficiary 
and all derivative beneficiaries shall retain the pri-
ority date associated with the earliest of any ap-
proved petition or labor certification, and such pri-
ority date shall be applicable to any subsequently ap-
proved petition.’’. 
Æ 
VerDate Sep 11 2014 
21:12 Jun 08, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H3442.IH
H3442
kjohnson on DSK79L0C42PROD with BILLS