275 
(1) IN GENERAL.—Section 292 of the Immigra-
tion and Nationality Act (8 U.S.C. 1362) is amend-
ed to read as follows: 
‘‘SEC. 292. RIGHT TO COUNSEL. 
‘‘(a) IN GENERAL.—In any proceeding conducted 
under section 235, 236, 238, 240, 241, or any other sec-
tion of this Act, and in any appeal proceedings before the 
Attorney General from any such proceedings, the noncit-
izen concerned shall have the privilege of being rep-
resented by such counsel authorized to practice in such 
proceedings, as the noncitizen shall choose. 
‘‘(b) ACCESS TO COUNSEL.— 
‘‘(1) IN GENERAL.—The Attorney General may 
appoint or provide counsel to a noncitizen in any 
proceeding conducted under section 235, 236, 238, 
240, or 241 or any other section of this Act. 
‘‘(2) DETENTION AND BORDER FACILITIES.— 
The Secretary of Homeland Security shall ensure 
that noncitizens have access to counsel inside all im-
migration detention and border facilities. 
‘‘(c) CHILDREN AND VULNERABLE INDIVIDUALS.— 
Notwithstanding subsection (b), at the beginning of pro-
ceedings or as expeditiously as possible, the Attorney Gen-
eral shall appoint, at the expense of the Government, 
counsel to represent any noncitizen financially unable to 
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obtain adequate representation in such proceedings, in-
cluding any noncitizen who has been determined by the 
Secretary of Homeland Security or the Attorney General 
to be— 
‘‘(1) a child; 
‘‘(2) a particularly vulnerable individual, includ-
ing— 
‘‘(A) a person with a disability; 
‘‘(B) a victim of abuse, torture, or violence; 
and 
‘‘(C) a pregnant or lactating woman; or 
‘‘(3) the parent of a United States citizen 
minor. 
‘‘(d) EXTENSION TO CONSOLIDATED CASES.—If the 
Attorney General has consolidated the case of any noncit-
izen for whom counsel was appointed under subsection (c) 
with that of any other noncitizen, and such other noncit-
izen does not have counsel, the counsel appointed under 
subsection (c) shall be appointed to represent such other 
noncitizen unless there is a demonstrated conflict of inter-
est.’’. 
(2) RULEMAKING.—Not later than 180 days 
after the date of enactment of this Act, the Attorney 
General shall promulgate regulations to implement 
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subsection (c) of section 292 of the Immigration and 
Nationality Act, as added by paragraph (1). 
(c) IMMIGRATION COUNSEL FUND.— 
(1) IN GENERAL.—Chapter 9 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1351 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 295. IMMIGRATION COUNSEL FUND. 
‘‘(a) IN GENERAL.—There is established in the gen-
eral fund of the Treasury a separate account to be known 
as the ‘Immigration Counsel Fund’. 
‘‘(b) DEPOSITS.—Notwithstanding any other provi-
sion of this Act, there shall be deposited as offsetting re-
ceipts into the Immigration Counsel Account all sur-
charges collected under subsection (c) for the purpose of 
providing access to counsel as required or authorized 
under this Act, to remain available until expended. 
‘‘(c) SURCHARGE.—In any case in which a fee is 
charged pursuant to the immigration laws, a surcharge of 
$25 shall be imposed and collected. 
‘‘(d) REPORT.—Not later than 2 years after the date 
of the enactment of this section, and biennially thereafter, 
the Secretary of Homeland Security shall submit to Con-
gress a report on the status of the Immigration Counsel 
Account, including— 
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‘‘(1) the balance in the Immigration Counsel 
Account; and 
‘‘(2) any recommendation with respect to modi-
fications to the surcharge under subsection (c) nec-
essary to ensure that the receipts collected for the 
subsequent 2 years equal, as closely as possible, the 
cost of providing access to counsel as required or au-
thorized under this Act.’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by inserting after 
the item relating to section 294 the following: 
‘‘Sec. 295. Immigration Counsel Account.’’. 
(d) MOTIONS TO REOPEN.—Section 240(c)(7)(C) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229a(c)(7)(C)) is amended by adding at the end the fol-
lowing: 
‘‘(v) SPECIAL
RULE
FOR
CHILDREN 
AND OTHER VULNERABLE NONCITIZENS.— 
If the Attorney General fails to appoint 
counsel for a noncitizen in violation of sec-
tion 292(c)— 
‘‘(I) no limitation under this 
paragraph with respect to the filing of 
any motion to reopen shall apply to 
the noncitizen; and 
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‘‘(II) the filing of a motion to re-
open by the noncitizen shall stay the 
removal of the noncitizen.’’. 
SEC. 4107. FACILITATING SAFE AND EFFICIENT REPATRI-
ATION. 
(a) UNITED STATES SUPPORT
FOR REINTEGRA-
TION.—The Secretary of State, in consultation with the 
Secretary and the Administrator of the United States 
Agency for International Development, shall coordinate 
with the governments of El Salvador, Guatemala, Hon-
duras, and any other country in Central America the Sec-
retary of State considers appropriate, to promote the suc-
cessful reintegration of families, unaccompanied noncit-
izen children, and other noncitizens repatriated to their 
countries of origin by assisting in the development and 
funding of programs in such countries that— 
(1) provide comprehensive reintegration services 
at the municipal level for repatriated noncitizens, in-
cluding family reunification and access to medical 
and psychosocial services; 
(2) support the establishment of educational 
and vocational centers for repatriated noncitizens 
that provide skills training relevant to national and 
local economic needs; 
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(3) promote the hiring of repatriated nonciti-
zens in the private sector, including through stra-
tegic partnerships with specific industries and busi-
nesses; 
(4) support the issuance of appropriate docu-
ments to repatriated noncitizens, including identi-
fication documents, documents relating to edu-
cational attainment, and documents certifying skill 
attainment; and 
(5) monitor repatriated unaccompanied noncit-
izen children to ensure their adequate screening and 
processing in the United States. 
(b) ELIGIBILITY OF CITIZENS AND NATIONALS OF 
REPATRIATION COUNTRY.—Paragraphs (1), (2), and (3) 
of subsection (a) shall not necessarily exclude citizens or 
nationals of the countries of origin. 
(c) CONSULTATION WITH NONGOVERNMENTAL OR-
GANIZATIONS.—In assisting in the development of pro-
grams under subsection (a), the Secretary of State shall 
consult with nongovernmental organizations in the coun-
tries concerned and in the United States that have experi-
ence in— 
(1) integrating repatriated individuals and fam-
ilies; 
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(2) protecting and ensuring the welfare of unac-
companied noncitizen children; and 
(3) promoting economic development and skills 
acquisition. 
Subtitle B—Protecting Family Val-
ues and Monitoring and Caring 
for Unaccompanied Noncitizen 
Children After Arrival 
SEC. 4201. DEFINITION OF LOCAL EDUCATIONAL AGENCY. 
In this subtitle, the term ‘‘local educational agency’’ 
has the meaning given the term in section 8101 of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
SEC. 4202. RESPONSIBILITY OF SPONSOR FOR IMMIGRA-
TION COURT COMPLIANCE AND CHILD WELL- 
BEING. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services, in consultation with the Attorney Gen-
eral, shall establish procedures to ensure that a legal ori-
entation program is provided to each sponsor (including 
parents, legal guardians, and close relatives) of an unac-
companied noncitizen child before the unaccompanied non-
citizen child is placed with the sponsor. 
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282 
(b) PROGRAM ELEMENTS.—A program under sub-
section (a) shall provide information to sponsors regarding 
each of the following: 
(1) The basic procedures of immigration hear-
ings. 
(2) The rights and obligations of the unaccom-
panied noncitizen child relating to immigration hear-
ings, including the consequences of filing frivolous 
legal claims and of failing to appear for proceedings. 
(3) The obligation of the sponsor— 
(A) to ensure that the unaccompanied non-
citizen child appears at immigration court pro-
ceedings; 
(B) to notify the court of any change of 
address of the unaccompanied noncitizen child 
and other relevant information; and 
(C) to address the needs of the unaccom-
panied noncitizen child, including providing ac-
cess to health care and enrolling the child in an 
educational institution. 
(4) Legal protections available to unaccom-
panied noncitizen children and the procedures for re-
questing such protections. 
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(5) Legal resources available to unaccompanied 
noncitizen children and lists of potential legal serv-
ices providers. 
(6) The importance of reporting potential child 
traffickers and other persons seeking to victimize or 
exploit unaccompanied noncitizen children, or other-
wise engage such unaccompanied noncitizen children 
in criminal, harmful, or dangerous activity. 
(7) Any other subject the Secretary of Health 
and Human Services or the Attorney General con-
siders necessary and appropriate. 
SEC. 4203. FUNDING TO SCHOOL DISTRICTS FOR UNACCOM-
PANIED NONCITIZEN CHILDREN. 
(a) GRANTS AUTHORIZED.—The Secretary of Edu-
cation shall award grants, on a competitive basis, to eligi-
ble local educational agencies or consortia of neighboring 
local educational agencies described in subsection (b), to 
enable the local educational agencies or consortia to en-
hance opportunities for, and provide services to, immi-
grant children, including unaccompanied noncitizen chil-
dren, in the area served by the local educational agencies 
or consortia. 
(b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 
(1) IN GENERAL.—A local educational agency 
or a consortium of neighboring local educational 
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284 
agencies is eligible for a grant under subsection (a) 
if, during the fiscal year for which a grant is award-
ed under this section, there are 50 or more unac-
companied noncitizen children enrolled in the public 
schools served by the local educational agency or the 
consortium. 
(2) DETERMINATIONS OF NUMBER OF UNAC-
COMPANIED NONCITIZEN CHILDREN.—The Secretary 
of Education shall determine the number of unac-
companied noncitizen children for purposes of para-
graph (1) based on the most accurate data available 
that is provided to the Secretary of Education by the 
Director of the Office of Refugee Resettlement or 
the Department of Homeland Security. 
(c) APPLICATIONS.—A local educational agency or a 
consortia of neighboring local educational agencies desir-
ing a grant under this section shall submit an application 
to the Secretary of Education at such time, in such man-
ner, and containing such information as the Secretary of 
Education may require, including a description of how the 
grant will be used to enhance opportunities for, and pro-
vide services to, immigrant children and youth (including 
unaccompanied noncitizen children) and their families. 
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285 
SEC. 4204. SCHOOL ENROLLMENT. 
To be eligible for funding under the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.), a local educational agency shall take measures— 
(1) to ensure that an unaccompanied noncitizen 
child in the area served by the local educational 
agency is enrolled in school not later than 7 days 
after the date on which a request for enrollment is 
made; and 
(2) to remove barriers to enrollment and full 
participation in educational programs and services 
offered by the local educational agency for unaccom-
panied noncitizen children (including barriers related 
to documentation, age, and language), which shall 
include reviewing and revising policies that may have 
a negative effect on unaccompanied noncitizen chil-
dren. 
Subtitle C—Admission and Protec-
tion of Refugees, Asylum Seek-
ers, and Other Vulnerable Indi-
viduals 
SEC. 4301. ELIMINATION OF TIME LIMITS ON ASYLUM AP-
PLICATIONS. 
Section 208(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1158(a)(2)) is amended— 
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(1) in subparagraph (A), by inserting ‘‘or the 
Secretary’’ after ‘‘Attorney General’’ each place it 
appears; 
(2) by striking subparagraphs (B) and (D); 
(3) by redesignating subparagraph (C) as sub-
paragraph (B); 
(4) in subparagraph (B), as redesignated, by 
striking ‘‘subparagraph (D)’’ and inserting ‘‘sub-
paragraphs (C) and (D)’’; and 
(5) by inserting after subparagraph (B), as re-
designated, the following: 
‘‘(C) CHANGED
CIRCUMSTANCES.—Not-
withstanding subparagraph (B), an application 
for asylum of a noncitizen may be considered if 
the noncitizen demonstrates, to the satisfaction 
of the Attorney General or the Secretary, the 
existence of changed circumstances that materi-
ally affect the noncitizen’s eligibility for asylum. 
‘‘(D) MOTION TO REOPEN CERTAIN MERI-
TORIOUS
CLAIMS.—Notwithstanding subpara-
graph (B) of section 240(c)(7), during the 2- 
year period beginning on the date of the enact-
ment of this Act, a noncitizen may file a motion 
to reopen an asylum claim or a motion to re-
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open removal proceedings to reapply for asylum 
as relief from removal if the noncitizen— 
‘‘(i) was denied asylum based solely 
on a failure to meet the 1-year application 
filing deadline in effect on the date on 
which the application was filed; 
‘‘(ii) was granted withholding of re-
moval to the noncitizen’s country of na-
tionality (or, in the case of a person having 
no nationality, to the country of last habit-
ual residence) under section 241(b)(3); 
‘‘(iii) has not obtained lawful perma-
nent residence in the United States pursu-
ant to any other provision of law; 
‘‘(iv) is not subject to the safe third 
country exception under subparagraph (A) 
or to a bar to asylum under subsection 
(b)(2); and 
‘‘(v) was not denied asylum as a mat-
ter of discretion.’’. 
SEC. 4302. INCREASING ANNUAL NUMERICAL LIMITATION 
ON U VISAS. 
Section 214(p) of the Immigration and Nationality 
Act (8 U.S.C. 1184(p)) is amended in paragraph (2)(A) 
by striking ‘‘10,000’’ and inserting ‘‘30,000’’. 
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288 
SEC. 4303. EMPLOYMENT AUTHORIZATION FOR ASYLUM 
SEEKERS AND OTHER INDIVIDUALS. 
(a) ASYLUM SEEKERS.—Section 208(d)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1158(d)(2)) is 
amended to read as follows: 
‘‘(2) EMPLOYMENT AUTHORIZATION.— 
‘‘(A) 
ELIGIBILITY.—The 
Secretary 
of 
Homeland Security shall authorize employment 
for an applicant for asylum who is not in deten-
tion and whose application for asylum has not 
been determined to be frivolous. 
‘‘(B) APPLICATION.— 
‘‘(i) IN GENERAL.—An applicant for 
asylum (unless otherwise eligible for em-
ployment authorization) shall not be grant-
ed employment authorization under this 
paragraph until the end of a period of days 
determined by the Secretary of Homeland 
Security by regulation, but which shall not 
exceed 180 days, after the filing of the ap-
plication for asylum. 
‘‘(ii) DATE OF FILING.—For purposes 
of this subparagraph, an application for 
asylum shall be considered to be filed on 
the date on which the applicant submits 
the application to the Secretary of Home-
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land Security or the Attorney General, as 
applicable. 
‘‘(C) TERM.—Employment authorization 
for an applicant for asylum shall be valid until 
the date on which there is a final denial of the 
asylum application, including any administra-
tive or judicial review.’’. 
(b) INDIVIDUALS GRANTED WITHHOLDING OF RE-
MOVAL OR APPLYING FOR WITHHOLDING OF REMOVAL.— 
Section 241(b)(3) of the Immigration and Nationality Act 
(8 U.S.C. 1231(b)(3)) is amended by adding at the end 
the following: 
‘‘(D) EMPLOYMENT AUTHORIZATION.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security shall authorize employ-
ment for a noncitizen who is not in deten-
tion and who has been granted— 
‘‘(I) 
withholding 
of 
removal 
under this paragraph; or 
‘‘(II) withholding or deferral of 
removal under the Convention against 
Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment, 
done at New York December 10, 
1984. 
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‘‘(ii) TERM.—Employment authoriza-
tion for a noncitizen described in clause (i) 
shall be— 
‘‘(I) valid for a period of 2 years; 
and 
‘‘(II) renewable for additional 2- 
year periods for the duration of such 
withholding or deferral of removal sta-
tus.’’. 
‘‘(iii) APPLICANT ELIGIBILITY.— 
‘‘(I) IN
GENERAL.—The Sec-
retary of Homeland Security shall au-
thorize employment for a noncitizen 
who is not in detention, and whose ap-
plication for withholding of removal 
under this paragraph or withholding 
or deferral of removal under the Con-
vention against Torture and Other 
Cruel, Inhuman or Degrading Treat-
ment or Punishment, done at New 
York December 10, 1984, has not 
been determined to be frivolous. 
‘‘(II) APPLICATION.— 
‘‘(aa) IN GENERAL.—A non-
citizen described in subclause (I) 
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shall not be granted employment 
authorization under this clause 
until the end of a period of days 
determined by the Secretary of 
Homeland Security by regulation, 
but which shall not exceed 180 
days, after the filing of an appli-
cation described in such sub-
clause. 
‘‘(bb) DATE
OF
FILING.— 
For purposes of this clause, an 
application under subclause (I) 
shall be considered to be filed on 
the date on which the applicant 
submits the application to the At-
torney General. 
‘‘(III) TERM.—Employment au-
thorization for a noncitizen described 
in subclause (I) shall be valid until 
the date on which there is a final de-
nial of the application under subclause 
(I), including any administrative or 
judicial review.’’. 
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292 
SEC. 4304. ENHANCED PROTECTION FOR INDIVIDUALS 
SEEKING T VISAS, U VISAS, AND PROTECTION 
UNDER VAWA. 
(a) EMPLOYMENT AUTHORIZATION FOR T VISA AP-
PLICANTS.—Section 214(o) (8 U.S.C. 1184(o)) is amend-
ed by adding at the end the following: 
‘‘(8) Notwithstanding any provision of this Act 
relating to eligibility for employment in the United 
States, the Secretary of Homeland Security shall 
grant employment authorization to a noncitizen who 
has filed a nonfrivolous application for non-
immigrant status under section 101(a)(15)(T), 
which authorization shall begin on the date that is 
the earlier of— 
‘‘(A) the date on which the noncitizen’s ap-
plication for such status is approved; or 
‘‘(B) a date determined by the Secretary 
that is not later than 180 days after the date 
on which the noncitizen filed the application.’’. 
(b) INCREASED ACCESSIBILITY AND EMPLOYMENT 
AUTHORIZATION
FOR
U VISA
APPLICANTS.—Section 
214(p) of the Immigration and Nationality Act (8 U.S.C. 
1184(p)) is amended— 
(1) in paragraph (6), by striking the last sen-
tence; and 
(2) by adding at the end the following: 
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293 
‘‘(8) EMPLOYMENT AUTHORIZATION.—Notwith-
standing any provision of this Act relating to eligi-
bility for employment in the United States, the Sec-
retary of Homeland Security shall grant employment 
authorization to a noncitizen who has filed an appli-
cation for nonimmigrant status under section 
101(a)(15)(U), which authorization shall begin on 
the date that is the earlier of— 
‘‘(A) the date on which the noncitizen’s pe-
tition for such status is approved; or 
‘‘(B) a date determined by the Secretary 
that is not later than 180 days after the date 
on which the noncitizen filed the petition.’’. 
(c) PROHIBITION ON REMOVAL OF CERTAIN VICTIMS 
WITH PENDING PETITIONS AND APPLICATIONS.— 
(1) IN GENERAL.—Section 240 of the Immigra-
tion and Nationality Act (8 U.S.C. 1229a) is amend-
ed— 
(A) by redesignating subsection (e) as sub-
section (f); and 
(B) by inserting after subsection (d) the 
following: 
‘‘(e) PROHIBITION ON REMOVAL OF CERTAIN VIC-
TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 
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294 
‘‘(1) IN GENERAL.—A noncitizen described in 
paragraph (2) shall not be removed from the United 
States under this section or any other provision of 
law until the date on which there is a final denial 
of the noncitizen’s application for status, including 
any administrative or judicial review. 
‘‘(2) NONCITIZENS DESCRIBED.—A noncitizen 
described in this paragraph is a noncitizen who— 
‘‘(A) has a pending nonfrivolous applica-
tion or petition under— 
‘‘(i) subparagraph (T) or (U) of sec-
tion 101(a)(15); 
‘‘(ii) section 106; 
‘‘(iii) section 240A(b)(2); or 
‘‘(iv) section 244(a)(3) (as in effect on 
March 31, 1997); or 
‘‘(B) is a VAWA self-petitioner, as defined 
in section 101(a)(51), and has a pending appli-
cation for relief under a provision referred to in 
any of subparagraphs (A) through (G) of such 
section.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
240(b)(7) of the Immigration and Nationality Act (8 
U.S.C. 1229a(b)(7)) is amended by striking ‘‘sub-
section (e)(1)’’ and inserting ‘‘subsection (f)(1)’’. 
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295 
(d) PROHIBITION ON DETENTION OF CERTAIN VIC-
TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 
Section 236 of the Immigration and Nationality Act (8 
U.S.C. 1226) is amended by adding at the end the fol-
lowing: 
‘‘(f) DETENTION OF CERTAIN VICTIMS WITH PEND-
ING PETITIONS AND APPLICATIONS.— 
‘‘(1) PRESUMPTION OF RELEASE.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of this Act, there shall be a pre-
sumption that a noncitizen described in para-
graph (2) should be released from detention. 
‘‘(B) 
REBUTTAL.—The 
Secretary 
of 
Homeland Security may rebut the presumption 
of release based on clear and convincing evi-
dence, including credible and individualized in-
formation, that— 
‘‘(i) the use of alternatives to deten-
tion will not reasonably ensure the appear-
ance of the noncitizen at removal pro-
ceedings; or 
‘‘(ii) the noncitizen is a threat to an-
other person or the community. 
‘‘(C) PENDING
CRIMINAL
CHARGE.—A 
pending criminal charge against a noncitizen 
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296 
may not be the sole factor to justify the contin-
ued detention of the noncitizen. 
‘‘(2) NONCITIZEN
DESCRIBED.—A noncitizen 
described in this paragraph is a noncitizen who— 
‘‘(A) has a pending application, which has 
not been found to be frivolous, under— 
‘‘(i) subparagraph (T) or (U) of sec-
tion 101(a)(15); 
‘‘(ii) section 106; 
‘‘(iii) section 240A(b)(2); or 
‘‘(iv) section 244(a)(3) (as in effect on 
March 31, 1997); or 
‘‘(B) is a VAWA self-petitioner, as defined 
in section 101(a)(51), has a pending petition 
for relief, and can demonstrate prima facie eli-
gibility under a provision referred to in any of 
subparagraphs (A) through (G) of such sec-
tion.’’. 
SEC. 4305. ALTERNATIVES TO DETENTION. 
Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226), as amended by section 4304, is further 
amended by adding at the end the following: 
‘‘(g) ALTERNATIVES TO DETENTION.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish programs that provide alter-
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297 
natives to detaining noncitizens, which shall offer a 
continuum of supervision mechanisms and options, 
including community-based supervision programs 
and community support. 
‘‘(2) CONTRACTS
WITH
NONGOVERNMENTAL 
ORGANIZATIONS.—The Secretary of Homeland Secu-
rity may contract with nongovernmental community- 
based organizations to provide services for programs 
under paragraph (1), including case management 
services, appearance assistance services, and screen-
ing of detained noncitizens.’’. 
SEC. 4306. NOTIFICATION OF PROCEEDINGS. 
(a) WRITTEN RECORD OF ADDRESS.—Section 239(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1229(a)) is amended— 
(1) in paragraph (1)(F), by inserting ‘‘the Sec-
retary of Homeland Security or’’ before ‘‘the Attor-
ney General’’ each place such term appears; and 
(2) in paragraph (2)(A) by striking ‘‘the noncit-
izen or to the noncitizen’s counsel of record’’ and in-
serting ‘‘the noncitizen and to the noncitizen’s coun-
sel of record’’. 
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298 
SEC. 4307. CONVERSION OF CERTAIN PETITIONS. 
Section 2 of Public Law 110–242 (8 U.S.C. 1101 
note) is amended by striking subsection (b) and inserting 
the following: 
‘‘(b) DURATION.—The authority under subsection (a) 
shall expire on the date on which the numerical limitation 
specified under section 1244(c) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 8 U.S.C. 1157 note) is reached.’’. 
SEC. 4308. IMPROVEMENTS TO APPLICATION PROCESS FOR 
AFGHAN SPECIAL IMMIGRANT VISAS. 
Subsection (b) of section 602 of the Afghan Allies 
Protection Act of 2009 (8 U.S.C. 1101 note) is amend-
ed— 
(1) in paragraph (2)(A)(ii), by inserting ‘‘for 
the first time’’ after ‘‘September 30, 2015’’; and 
(2) in paragraph (4)(A) by inserting ‘‘, includ-
ing Chief of Mission approval,’’ after ‘‘so that all 
steps’’. 
SEC. 4309. SPECIAL IMMIGRANT STATUS FOR CERTAIN SUR-
VIVING SPOUSES AND CHILDREN. 
(a) IN GENERAL.—Section 101(a)(27)(D) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) 
is amended— 
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(1) by striking ‘‘an immigrant who is an em-
ployee’’ and inserting the following: ‘‘an immigrant 
who— 
‘‘(i) is an employee’’; and 
(2) by striking ‘‘grant such status;’’ and insert-
ing the following: ‘‘grant such status; or 
‘‘(ii) is the surviving spouse or child 
of an employee of the United States Gov-
ernment abroad: Provided, That the em-
ployee performed faithful service for a total 
of not less than 15 years or was killed in 
the line of duty;’’. 
(b) SPECIAL IMMIGRANT STATUS FOR SURVIVING 
SPOUSES AND CHILDREN.— 
(1) IN GENERAL.—Section 602(b)(2)(C) of the 
Afghan Allies Protection Act of 2009 (8 U.S.C. 
1101 note) is amended— 
(A) in clause (ii), by redesignating sub-
clauses (I) and (II) as items (aa) and (bb), re-
spectively; 
(B) by redesignating clauses (i) and (ii) as 
subclauses (I) and (II), respectively, and mov-
ing such subclauses 2 ems to the right; 
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300 
(C) in the matter preceding subclause (I), 
as redesignated, by striking ‘‘An alien is de-
scribed’’ and inserting the following: 
‘‘(i) IN GENERAL.—A noncitizen is de-
scribed’’; 
(D) in clause (i)(I), as redesignated, by 
striking ‘‘who had a petition for classification 
approved’’ and inserting ‘‘who had submitted 
an application to the Chief of Mission’’; and 
(E) by adding at the end the following: 
‘‘(ii) EMPLOYMENT REQUIREMENTS.— 
An application by a surviving spouse or 
child of a principal noncitizen shall be sub-
ject to employment requirements set forth 
in subparagraph (A) as of the date of the 
principal noncitizen’s filing of an applica-
tion for the first time, or if no application 
has been filed, the employment require-
ments as of the date of the principal non-
citizen’s death.’’. 
(2) CONFORMING AMENDMENTS.—Section 602 
of the Afghan Allies Protection Act of 2009 (8 
U.S.C. 1101 note) is amended— 
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(A) in the paragraph and subparagraph 
headings, by striking ‘‘ALIENS’’ each place it 
appears and inserting ‘‘NONCITIZENS’’; 
(B) by striking ‘‘an alien’’ each place it ap-
pears and inserting ‘‘a noncitizen’’; 
(C) by striking ‘‘An alien’’ each place it 
appears and inserting ‘‘A noncitizen’’; 
(D) by striking ‘‘alien’’ each place it ap-
pears and inserting ‘‘noncitizen’’; 
(E) by striking ‘‘aliens’’ each place it ap-
pears and inserting ‘‘noncitizens’’; and 
(F) by striking ‘‘alien’s’’ each place it ap-
pears and inserting ‘‘noncitizen’s’’. 
(c) SPECIAL IMMIGRANT STATUS
FOR CERTAIN 
IRAQIS.— 
(1) IN GENERAL.—Section 1244(b)(3) of the 
Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 
note) is amended— 
(A) by striking ‘‘described in subsection 
(b)’’ and inserting ‘‘in this subsection’’; 
(B) in subparagraph (B), by redesignating 
clauses (i) and (ii) as subclauses (I) and (II), 
respectively, and moving such subclauses 2 ems 
to the right; 
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(C) by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively, and 
moving such clauses 2 ems to the right; 
(D) in the matter preceding clause (i), as 
redesignated, by striking ‘‘An alien is de-
scribed’’ and inserting the following: 
‘‘(A) IN
GENERAL.—A noncitizen is de-
scribed’’; 
(E) in subparagraph (A)(i), as redesig-
nated, by striking ‘‘who had a petition for clas-
sification approved’’ and inserting ‘‘who sub-
mitted an application to the Chief of Mission’’; 
and 
(F) by adding at the end the following: 
‘‘(B) EMPLOYMENT
REQUIREMENTS.—An 
application by a surviving spouse or child of a 
principal noncitizen shall be subject to employ-
ment requirements set forth in paragraph (1) 
as of the date of the principal noncitizen’s filing 
of an application for the first time, or if the 
principal noncitizen did not file an application, 
the employment requirements as of the date of 
the principal noncitizen’s death.’’. 
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‘‘(A) has filed for relief under section 
101(a)(15)(U); or 
‘‘(B)(i) has filed, or is a material witness 
to, a bona fide workplace claim (as defined in 
section 274A(e)(10)(B)(i)(II)); and 
‘‘(ii) has been helpful, is being helpful, or 
is likely to be helpful to— 
‘‘(I) a Federal, State, or local law en-
forcement official; 
‘‘(II) a Federal, State, or local pros-
ecutor; 
‘‘(III) a Federal, State, or local judge; 
‘‘(IV) the Department of Homeland 
Security; 
‘‘(V) the Equal Employment Oppor-
tunity Commission; 
‘‘(VI) the Department of Labor, in-
cluding 
the 
Occupational 
Safety 
and 
Health Administration; 
‘‘(VII) the National Labor Relations 
Board; 
‘‘(VIII) the head official of a State or 
local government department of labor, 
workforce commission, or human relations 
commission or council; or 
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‘‘(2) IDENTIFICATION DOCUMENT OFFENSES.— 
Any person who knowingly destroys, conceals, re-
moves, confiscates, or possesses any actual or pur-
ported passport or other immigration document, or 
any other actual or purported government identifica-
tion document of another person or threatens to do 
so in furtherance of a violation of this Act shall be 
fined under title 18, United States Code, imprisoned 
not more than 3 years, or both. 
‘‘(3) TRAVEL RESTRICTIONS.—Any person who 
knowingly restricts or attempts to prevent or re-
strict, without lawful authority, a person’s liberty to 
move or travel, in furtherance of a violation of this 
Act, shall be fined under title 18, United States 
Code, imprisoned not more than 5 years, or both. 
‘‘(4) BODILY INJURY.—If bodily injury results 
from any acts committed by any person in violation 
of this Act, or if such acts include sexual abuse or 
an attempt to commit sexual abuse (as described in 
section 2242 of title 18, United States Code), or if 
such acts include the use, attempted use, or threat-
ened use of a dangerous weapon, explosives, or fire, 
the person shall be fined under title 18, United 
States Code, imprisoned not more than 10 years, or 
both. 
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