I 
118TH CONGRESS 
1ST SESSION H. R. 3043 
To amend the Immigration and Nationality Act to provide for the adjustment 
of status of essential workers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 2, 2023 
Mr. CASTRO of Texas (for himself, Mr. LIEU, Mr. GARCI´A of Illinois, Ms. 
BARRAGA´N, Mr. TORRES of New York, Mr. VARGAS, Mr. GOMEZ, Mr. 
ESPAILLAT, Ms. NORTON, Mr. GRIJALVA, Ms. JACKSON LEE, Ms. 
ESCOBAR, Ms. GARCIA of Texas, Mr. JOHNSON of Georgia, Mr. KHANNA, 
Mr. MCGOVERN, Ms. JAYAPAL, and Mr. SOTO) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to provide 
for the adjustment of status of essential workers, 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 ‘‘Citizenship for Essen-
tial Workers Act’’. 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 2. ADJUSTMENT OF STATUS OF ESSENTIAL WORKERS. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245A, the following: 
‘‘SEC. 245B. ADJUSTMENT OF STATUS FOR ESSENTIAL 
WORKERS. 
‘‘(a) ADJUSTMENT
OF
STATUS
FOR
ESSENTIAL 
WORKERS.—Notwithstanding any other provision of law, 
the Secretary of Homeland Security (referred to in this 
section as the ‘Secretary’) or the Attorney General shall 
adjust to the status of an alien lawfully admitted for per-
manent residence— 
‘‘(1) an alien who— 
‘‘(A) satisfies the eligibility requirements 
set forth in subsection (b); and 
‘‘(B) submits an application and satisfies 
the criminal and national security background 
checks and payment of applicable fees pursuant 
to the procedures set forth in subsection (d); 
and 
‘‘(2) the parents, spouse, sons, and daughters 
of such alien. 
‘‘(b) ELIGIBILITY.—An alien applying for status 
under subsection (a) shall satisfy the following require-
ments: 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(1) ALIENS WORKING IN CERTAIN SECTORS, 
INDUSTRIES, AND
OCCUPATIONS.—Except as pro-
vided in paragraph (2), the alien shall have, at any 
point during the period described in subsection (i), 
earned income for work in any of the following pri-
vate, public, or nonprofit sectors, industries, or occu-
pations: 
‘‘(A) Health care. 
‘‘(B) Emergency response. 
‘‘(C) Sanitation. 
‘‘(D) Restaurant ownership, food prepara-
tion, vending, catering, food packaging, food 
services, or delivery. 
‘‘(E) Hotel or retail. 
‘‘(F) Fish, poultry, and meat processing 
work. 
‘‘(G) Agricultural work, including labor 
that is seasonal in nature. 
‘‘(H) Commercial or residential land-
scaping. 
‘‘(I) Commercial or residential construction 
or renovation. 
‘‘(J) Housing, residential, and commercial 
construction related activities or public works 
construction. 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(K) Domestic work in private households, 
including child care, home care, or house clean-
ing. 
‘‘(L) Natural disaster recovery, disaster re-
construction, and related construction. 
‘‘(M) Home and community-based work, 
including— 
‘‘(i) home health care; 
‘‘(ii) residential care; 
‘‘(iii) assistance with activities of daily 
living; 
‘‘(iv) any service provided by direct 
care workers (as defined in section 799B 
of the Public Health Service Act (42 
U.S.C. 295p)), personal care aides, job 
coaches, or supported employment pro-
viders; and 
‘‘(v) any other provision of care to in-
dividuals in their homes by direct service 
providers, personal care attendants, and 
home health aides. 
‘‘(N) Family care, including child care 
services, in-home child care services such as 
nanny services, and care services provided by 
family members to other family members. 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(O) Manufacturing. 
‘‘(P) Warehousing. 
‘‘(Q) Transportation or logistics. 
‘‘(R) Janitorial. 
‘‘(S) Laundromat and dry-cleaning opera-
tors. 
‘‘(T) Any other work performed by ‘essen-
tial critical infrastructure workers’, as described 
in the memorandum of the Department of 
Homeland Security entitled ‘Advisory Memo-
randum on Ensuring Essential Critical Infra-
structure Workers Ability to Work During the 
COVID–19 Response’, which was originally 
issued by the Director of the Cybersecurity and 
Infrastructure Security Agency on March 19, 
2020, and last updated on August 10, 2021. 
‘‘(U) Any other work that a State or local 
government considers to be essential during the 
emergency referred to in subsection (i). 
‘‘(2) CERTAIN OTHER ELIGIBLE ALIENS.—An 
alien not described in paragraph (1)— 
‘‘(A) shall— 
‘‘(i)(I) have earned income in any sec-
tor, industry, or occupation described in 
that paragraph on any date during the pe-
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
riod described in subsection (i) but was un-
able to continue that work through no 
fault of the alien, including because the 
working conditions posed a high degree of 
risk to the alien’s health and safety; and 
‘‘(II) have been seeking to resume 
work in any such sector, industry, or occu-
pation; 
‘‘(B) is the surviving parent, spouse, son, 
or daughter of an alien who— 
‘‘(i) performed any service or labor for 
remuneration in any sector, industry, or 
occupation described in that paragraph on 
any date during the period described in 
subsection (i); and 
‘‘(ii) died due to COVID–19; or 
‘‘(C) is the parent, spouse, son, or daugh-
ter of a member of the Armed Forces, including 
the National Guard. 
‘‘(3) PHYSICAL PRESENCE.— 
‘‘(A) DATE
OF
SUBMITTAL
OF
APPLICA-
TION.—The alien shall be physically present in 
the United States on the date on which the ap-
plication is submitted. 
‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the alien shall have 
been continuously physically present in the 
United States beginning on January 1, 
2023, and ending on the date on which the 
application is approved. 
‘‘(ii) EXCEPTIONS.— 
‘‘(I) AUTHORIZED ABSENCE.—An 
alien who departed temporarily from 
the United States shall not be consid-
ered to have failed to maintain contin-
uous physical presence in the United 
States during any period of travel 
that was authorized by the Secretary. 
‘‘(II) BRIEF, CASUAL, AND INNO-
CENT ABSENCES.— 
‘‘(aa) 
IN
GENERAL.—An 
alien who departed temporarily 
from the United States shall not 
be considered to have failed to 
maintain 
continuous 
physical 
presence in the United States if 
the alien’s absences from the 
United States are brief, casual, 
and innocent, whether or not 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
such absences were authorized by 
the Secretary. 
‘‘(bb) 
ABSENCES
MORE 
THAN
180
DAYS.—For purposes 
of this clause, an absence of more 
than 180 days, in the aggregate, 
during a calendar year shall not 
be considered brief, unless the 
Secretary finds that the length of 
the absence was due to cir-
cumstances beyond the alien’s 
control, including the serious ill-
ness of the alien, death or serious 
illness 
of 
a 
spouse, 
parent, 
grandparent, grandchild, sibling, 
son, or daughter of the alien, or 
due to international travel re-
strictions. 
‘‘(iii) EFFECT
OF
NOTICE
TO
AP-
PEAR.—Issuance of a notice to appear 
under section 239(a) shall not be consid-
ered to interrupt the continuity of an 
alien’s continuous physical presence in the 
United States. 
‘‘(c) GROUNDS FOR INELIGIBILITY.— 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(1) 
CERTAIN
GROUNDS
OF
INADMIS-
SIBILITY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an alien shall be ineligible for status 
under this section if the alien— 
‘‘(i) is inadmissible under paragraph 
(2), (3), (6)(E), (8), (10)(C), or (10)(E) of 
section 212(a); 
‘‘(ii) has been convicted of a felony of-
fense (excluding any offense under State 
law for which an essential element in the 
alien’s immigration status); or 
‘‘(iii) has been convicted of 3 or more 
misdemeanor offenses (excluding simple 
possession of cannabis or cannabis-related 
paraphernalia, any offense involving can-
nabis or cannabis-related paraphernalia 
that is no longer prosecutable in the State 
in which the conviction was entered, any 
offense under State law for which an es-
sential element is the alien’s immigration 
status, any offense involving civil disobe-
dience without violence, and any minor 
traffic offense) not occurring on the same 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
date, and not arising out of the same act, 
omission, or scheme of misconduct. 
‘‘(B) WAIVERS.— 
‘‘(i) IN
GENERAL.—For purposes of 
subparagraph (A), the Secretary may, for 
humanitarian purposes, family unity, or if 
otherwise in the public interest— 
‘‘(I) 
waive 
inadmissibility 
under— 
‘‘(aa) 
subparagraphs 
(A), 
(C), 
and 
(D) 
of 
section 
212(a)(2); and 
‘‘(bb) 
paragraphs 
(6)(E), 
(8), (10)(C), and (10)(E) of such 
section; 
‘‘(II) waive ineligibility under 
subparagraph (A)(ii) (excluding of-
fenses 
described 
in 
section 
101(a)(43)(A)) 
or 
inadmissibility 
under subparagraph (B) of section 
212(a)(2) if the alien has not been 
convicted of any offense during the 
10-year period preceding the date on 
which the alien applies for status 
under this section; and 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(III) for purposes of subpara-
graph (A)(iii), waive consideration 
of— 
‘‘(aa) 1 misdemeanor offense 
if, during the 5-year period pre-
ceding the date on which the 
alien applies for status under this 
section the alien has not been 
convicted of any offense; or 
‘‘(bb) 2 misdemeanor of-
fenses if, during the 10-year pe-
riod preceding such date, the 
alien has not been convicted of 
any offense. 
‘‘(ii) CONSIDERATIONS.—In making a 
determination under subparagraph (B), 
the Secretary of Homeland Security or the 
Attorney General shall consider all miti-
gating and aggravating factors, includ-
ing— 
‘‘(I) the severity of the under-
lying circumstances, conduct, or viola-
tion; 
‘‘(II) the duration of the alien’s 
residence in the United States; 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(III) evidence of rehabilitation, 
if applicable; and 
‘‘(IV) the extent to which the 
alien’s removal, or the denial of the 
alien’s application, would adversely af-
fect the alien or the alien’s United 
States citizen or lawful permanent 
resident family members. 
‘‘(2) 
ALIENS
IN
CERTAIN
IMMIGRATION 
STATUSES.—An alien shall be ineligible for adjust-
ment of status under this section if, on January 1, 
2023, the alien was any of the following: 
‘‘(A) An alien lawfully admitted for perma-
nent residence. 
‘‘(B) An alien admitted as a refugee under 
section 207 or granted asylum under section 
208. 
‘‘(C) An alien who, according to the 
records of the Secretary or the Secretary of 
State, was in a period of authorized stay in a 
nonimmigrant 
status 
described 
in 
section 
101(a)(15), other than— 
‘‘(i) the spouse, son, or daughter of an 
alien who is eligible for status under this 
section; 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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; 
‘‘(iii) a nonimmigrant described in 
section 101(a)(15)(H)(ii); and 
‘‘(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 
‘‘(B)(i) was outside the United States on 
January 1, 2023; or 
‘‘(ii) reentered the United States unlaw-
fully after January 1, 2023. 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(d) APPLICATION.— 
‘‘(1) FEE.— 
‘‘(A) IN GENERAL.—The Secretary shall, 
subject to an exemption under subparagraph 
(B), require an alien applying for adjustment of 
status under this section to pay a reasonable 
fee commensurate with the cost of processing 
the application. 
‘‘(B) EXEMPTIONS.—An applicant may, in 
the discretion of the Secretary, be exempted 
from paying an application fee required under 
this paragraph if the applicant— 
‘‘(i) received total income, during the 
1-year period immediately preceding the 
date on which the applicant files an appli-
cation under this section, that is less than 
250 percent of the Federal poverty line; 
‘‘(ii) is younger than 21 years of age; 
‘‘(iii) is in foster care or is a juvenile 
who lacks any parental or other familial 
support; or 
‘‘(iv) cannot care for himself or her-
self because of a serious disability. 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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-
uments that will assist the worker’s filing of an ap-
plication under subsection (d). 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(2) EFFECT OF DELAY OR NONCOMPLIANCE.— 
With respect to a request described in paragraph 
(1), delay or noncompliance on the part of an em-
ployer, the agent of an employer, or the person who 
provides compensation directly or indirectly shall re-
sult in an escalating fine that accrues for the dura-
tion of the delay or noncompliance. 
‘‘(f) EMPLOYER
PROTECTIONS.—No part of an 
alien’s application or request for documents under sub-
section (e) shall be used as evidence regarding an employ-
er’s or any other person’s hiring, employment, or contin-
ued employment of an alien described in subsection (b) 
for purposes of demonstrating a violation of section 
274A(a) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)) so long as the employer or other person has 
complied with such subsection (e). 
‘‘(g) WORKER PROTECTIONS.— 
‘‘(1) IN GENERAL.—An employer, the agent of 
an employer, or any person who provides compensa-
tion directly or indirectly to a worker for labor or 
service shall not take an adverse action against a 
worker based on a request made by the worker in 
good faith for documents or information to support 
an application for adjustment of status under this 
section. 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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 
within 2 years after the cause of action accrued. In 
any judgment in favor of a worker, and in any pro-
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
ceeding to enforce such a judgment, the court shall 
award reasonable attorney’s fees and costs to the 
prevailing plaintiff. 
‘‘(h) CLARIFICATION.—Nothing in this section shall 
be construed to require an alien described in subsection 
(b) to appear before an agent of the Department of Home-
land Security or any other Federal agency for an inter-
view. 
‘‘(i) PERIOD DESCRIBED.—The period described in 
this subsection is the period beginning on the first day 
of the public health emergency declared by the Secretary 
of Health and Human Services under section 319 of the 
Public Health Service Act (42 U.S.C. 247d) with respect 
to COVID–19. 
‘‘(j) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IN
GENERAL.—The Secretary may 
not grant an alien adjustment of status under 
this section unless the alien submits biometric 
and biographic data, in accordance with proce-
dures established by the Secretary. 
‘‘(B) 
ALTERNATIVE
PROCEDURE.—The 
Secretary shall provide an alternative procedure 
for aliens who are unable to provide such bio-
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
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.— 
‘‘(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. 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(l) ALIENS ORDERED REMOVED.— 
‘‘(1) IN
GENERAL.—An alien present in the 
United States who has been ordered removed or has 
been permitted to depart voluntarily from the United 
States, notwithstanding such order or permission to 
depart, may apply for adjustment of status under 
this section. 
‘‘(2) OPPORTUNITY TO APPLY.— 
‘‘(A) IN GENERAL.—An alien who appears 
to be prima facie eligible for relief under this 
section shall be given a reasonable opportunity 
to apply for such relief and shall not be re-
moved until a final decision establishing ineligi-
bility for relief is rendered. 
‘‘(B) MOTION NOT REQUIRED.—Such alien 
shall not be required to file a separate motion 
to reopen, reconsider, or vacate the order of re-
moval. 
‘‘(C) EFFECT OF APPROVAL.—If the Sec-
retary approves the application, the Secretary 
or the Attorney General shall vacate the order 
of removal and terminate any removal pro-
ceedings. 
‘‘(D) EFFECT
OF
DENIAL.—If the Sec-
retary renders a final administrative decision to 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
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. 
‘‘(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 application under this section 
shall, on application to the Secretary, be grant-
ed an employment authorization document. 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(B) TIMELINE FOR ISSUANCE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), an employment author-
ization document shall be issued within 30 
days. 
‘‘(ii) EXTENSION FOR GOOD CAUSE.— 
The Secretary may extend the timeline 
under clause (ii) for good cause and, in the 
case of such an extension, shall commu-
nicate the delay to the applicant. 
‘‘(2) RECEIPT OF APPLICATION.— 
‘‘(A) IN GENERAL.—As soon as practicable 
after receiving an application for status under 
this section, the Secretary shall provide the ap-
plicant with a document acknowledging receipt 
of such application. 
‘‘(B) EVIDENCE
OF
EMPLOYMENT
AU-
THORIZATION.—A document issued under sub-
paragraph (A) shall— 
‘‘(i) serve as interim evidence of the 
alien’s authorization to accept employment 
in the United States; and 
‘‘(ii) be accepted by an employer as 
evidence 
of 
employment 
authorization 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
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.— 
‘‘(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. 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(B) SINGLE APPEAL FOR EACH ADMINIS-
TRATIVE DECISION.— 
‘‘(i) IN
GENERAL.—An alien in the 
United States whose application for status 
under this section has been denied or 
whose status under this section has been 
revoked may file with the Secretary not 
more than 1 appeal of each such decision. 
‘‘(ii) CHANGED
CIRCUMSTANCE.—On 
a showing of changed circumstances, the 
Secretary may waive the numerical limita-
tion under clause (i). 
‘‘(iii) NOTICE OF APPEAL.— 
‘‘(I) IN GENERAL.—A notice of 
appeal filed under this paragraph 
shall be filed not later than 90 days 
after the date of service of the denial 
or revocation, unless the delay beyond 
the 90-day period is reasonably justifi-
able. 
‘‘(II) WAIVER.—On showing that 
the delay was reasonably justifiable, 
the Secretary may waive the time lim-
itation described in subclause (I). 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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. 
‘‘(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 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(ii) any additional newly discovered 
or previously unavailable evidence. 
‘‘(3) STAY OF REMOVAL.—An alien seeking ad-
ministrative review of a denial, or revocation of ap-
proval, of an application under this section shall not 
be removed from the United States before a final de-
cision is rendered establishing ineligibility for lawful 
permanent residence. 
‘‘(q) INFORMATION PRIVACY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), no officer or employee of the United 
States may— 
‘‘(A) disclose (directly or indirectly, includ-
ing through inclusion in a database), access, or 
use the information provided by an alien pursu-
ant to an application filed under this section 
(including information provided during adminis-
trative or judicial review) for the purpose of im-
migration enforcement, including the initiation 
of removal proceedings; or 
‘‘(B) publish any information provided 
pursuant to an application under this section. 
‘‘(2) REFERRALS PROHIBITED.—The Secretary, 
based solely on information provided in an applica-
tion for adjustment of status under this section (in-
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
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). 
‘‘(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-
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
sure, access, and uses of information that violate 
this subsection. 
‘‘(6) ASSESSMENTS.—Not less frequently than 
annually, the Secretary shall conduct an assessment 
that, for the preceding calendar year— 
‘‘(A) analyzes the effectiveness of the safe-
guards described in paragraph (5); 
‘‘(B) determines the number of authorized 
disclosures under paragraph (3) made; and 
‘‘(C) determines the number of disclosures 
prohibited under paragraphs (1) and (2) made. 
‘‘(r) ELIGIBILITY
FOR
OTHER
STATUSES.—An 
alien’s eligibility to be lawfully admitted for permanent 
residence under this section shall not preclude the alien 
from seeking any status under any other provision of law 
for which the alien may otherwise be eligible. 
‘‘(s) EFFECT OF FAILURE TO COMPLY WITH RE-
MOVAL ORDER.—Failure to comply with 1 or more re-
moval orders or voluntary departure agreements for acts 
committed before the date of the enactment of this section 
shall not affect the eligibility of an alien to apply for a 
benefit under this section.’’. 
(b) JUDICIAL REVIEW.—Section 242 of the Immigra-
tion and Nationality Act (8 U.S.C. 1252) is amended— 
(1) in subsection (a)(2)— 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
(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 
(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)— 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) in paragraph (1), by striking ‘‘or re-
strain the operation of’’; and 
(B) in paragraph (2), by inserting ‘‘after 
all administrative and judicial review available 
to the alien is complete’’ before ‘‘unless’’; and 
(4) by adding at the end the following: 
‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA-
TIONS RELATING TO STATUS UNDER TITLE 5.— 
‘‘(1) DIRECT REVIEW.—If an alien’s application 
under section 245B is denied, or the approval of 
such application is revoked, after the exhaustion of 
administrative appellate review under subsection (p) 
of that section, the alien may seek review of such de-
cision, in accordance with chapter 7 of title 5, 
United States Code, in the district court of the 
United States for the district in which the alien re-
sides. 
‘‘(2) STATUS DURING REVIEW.—During the pe-
riod in which a review described in paragraph (1) is 
pending— 
‘‘(A) any unexpired grant of voluntary de-
parture under section 240B shall be tolled; and 
‘‘(B) any order of exclusion, deportation, 
or removal shall automatically be stayed unless 
the court, in its discretion, orders otherwise. 
VerDate Sep 11 2014 
22:29 May 09, 2023
Jkt 039200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3043.IH
H3043
pbinns on DSKJLVW7X2PROD with $$_JOB