H. R. 1105—284 
TITLE VI 
AFGHAN ALLIES PROTECTION ACT OF 2009 
SEC. 601. SHORT TITLE. 
This Act may be cited as the ‘‘Afghan Allies Protection Act 
of 2009’’. 
SEC. 602. PROTECTION FOR AFGHAN ALLIES. 
(a) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Armed Services, the Committee on 
Foreign Relations, and the Committee on the Judiciary of the 
Senate; and 
(2) the Committee on Armed Services, the Committee on 
Foreign Affairs, and the Committee on the Judiciary of the 
House of Representatives. 
(b) SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS.— 
(1) IN GENERAL.—Subject to paragraph (3), the Secretary 
of Homeland Security, or, notwithstanding any other provision 
of law, the Secretary of State in consultation with the Secretary 
of Homeland Security, may provide an alien described in 
subparagraph (A), (B), or (C) of paragraph (2) with the status 
of a special immigrant under section 101(a)(27) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien— 
(A) or an agent acting on behalf of the alien, submits 
a petition for classification under section 203(b)(4) of such 
Act (8 U.S.C. 1153(b)(4)); 
(B) is otherwise eligible to receive an immigrant visa; 
(C) is otherwise admissible to the United States for 
permanent residence (excluding the grounds for inadmis-
sibility specified in section 212(a)(4) of such Act (8 U.S.C. 
1182(a)(4)); and 
(D) clears a background check and appropriate 
screening, as determined by the Secretary of Homeland 
Security. 
(2) ALIENS DESCRIBED.— 
(A) PRINCIPAL ALIENS.—An alien is described in this 
subparagraph if the alien— 
(i) is a citizen or national of Afghanistan; 
(ii) was or is employed by or on behalf of the 
United States Government in Afghanistan on or after 
October 7, 2001, for not less than one year; 
(iii) provided faithful and valuable service to the 
United States Government, which is documented in 
a positive recommendation or evaluation, subject to 
subparagraph (D), from the employee’s senior super-
visor or the person currently occupying that position, 
or a more senior person, if the employee’s senior super-
visor has left the employer or has left Afghanistan; 
and 
(iv) has experienced or is experiencing an ongoing 
serious threat as a consequence of the alien’s employ-
ment by the United States Government. 
(B) SPOUSE OR CHILD.—An alien is described in this 
subparagraph if the alien—
H. R. 1105—285 
(i) is the spouse or child of a principal alien 
described in subparagraph (A); and 
(ii) is accompanying or following to join the prin-
cipal alien in the United States. 
(C) SURVIVING SPOUSE OR CHILD.—An alien is described 
in this subparagraph if the alien— 
(i) was the spouse or child of a principal alien 
described in subparagraph (A) who had a petition for 
classification approved pursuant to this section or sec-
tion 1059 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 
1101 note) which included the alien as an accom-
panying spouse or child; and 
(ii) due to the death of the principal alien— 
(I) such petition was revoked or terminated 
(or otherwise rendered null); and 
(II) such petition would have been approved 
if the principal alien had survived. 
(D) APPROVAL BY CHIEF OF MISSION REQUIRED.—A rec-
ommendation or evaluation required under subparagraph 
(A)(iii) shall be accompanied by approval from the appro-
priate Chief of Mission, or the designee of the appropriate 
Chief of Mission, who shall conduct a risk assessment 
of the alien and an independent review of records main-
tained by the United States Government or hiring organiza-
tion or entity to confirm employment and faithful and 
valuable service to the United States Government prior 
to approval of a petition under this section. 
(3) NUMERICAL LIMITATIONS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(C), the total number of principal aliens who may be pro-
vided special immigrant status under this section may 
not exceed 1,500 per year for each of the fiscal years 
2009, 2010, 2011, 2012, and 2013. 
(B) EXCLUSION FROM NUMERICAL LIMITATIONS.—Aliens 
provided special immigrant status under this subsection 
shall not be counted against any numerical limitation under 
sections 201(d), 202(a), or 203(b)(4) of the Immigration 
and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 
1153(b)(4)). 
(C) CARRY FORWARD.— 
(i) FISCAL YEARS 2009 THROUGH 2013.—If the numer-
ical limitation specified in subparagraph (A) is not 
reached during a given fiscal year, with respect to 
fiscal year 2009, 2010, 2011, 2012, or 2013, the numer-
ical 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 section during 
the given fiscal year. 
(ii) FISCAL YEAR 2014.—If the numerical limitation 
determined under clause (i) is not reached in fiscal 
year 2013, the total number of principal aliens who 
may be provided special immigrant status under this