I 
117TH CONGRESS 
1ST SESSION H. R. 4331 
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 
JULY 1, 2021 
Ms. ROSS (for herself, Mrs. MILLER-MEEKS, Mr. KRISHNAMOORTHI, Mrs. 
KIM of California, Mr. BERA, Mr. SMITH of Washington, Mr. JOHNSON 
of Georgia, Ms. DELBENE, Mr. CROW, and Mr. CARSON) 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 Cultivation 
of Hope and Inclusion for Long-term Dependents Raised 
and Educated Natively Act of 2021’’ or the ‘‘America’s 
CHILDREN Act of 2021’’. 
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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) Alien who— 
‘‘(i) is not inadmissible under section 
212(a) or deportable under section 237(a); 
‘‘(ii) was admitted to the United 
States as a dependent child of a non-
immigrant admitted pursuant to an ap-
proved employer petition under section 214 
or as a dependent child of a nonimmigrant 
with status under section 101(a)(15)(E), 
and was lawfully present in the United 
States pursuant to such status for an ag-
gregate period of not less than 4 years; 
‘‘(iii) had at the time of the applica-
tion been lawfully present in the United 
States for an aggregate period of not less 
than 10 years; and 
‘‘(iv) has graduated from an institu-
tion of higher education (as defined in sec-
tion 102(a) of the Higher Education Act of 
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1965 (20 U.S.C. 1002(a))) in the United 
States.’’. 
(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. 
(a) AGE-OUT PROTECTIONS FOR IMMIGRANTS.— 
(1) IN GENERAL.—Section 101(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(b)) is 
amended by adding at the end the following— 
‘‘(6) A determination of whether an alien is a 
child shall be made as follows: 
‘‘(A) For purposes of a petition under sec-
tion 204 and a subsequent application for an 
immigrant visa or adjustment of status, such 
determination shall be made using the age of 
the alien on the date on which the petition is 
filed with the Secretary of Homeland Security 
or the date on which an application for a labor 
certification under section 212(a)(5)(A)(i) is 
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filed with the Secretary of Labor, whichever is 
earlier. 
‘‘(B) For purposes of a petition under sec-
tion 214(d) and a subsequent application for 
adjustment of status under section 245(d), such 
determination shall be made using the age of 
the alien on the date on which the petition is 
filed with the Secretary of Homeland Security. 
‘‘(C) In the case of a petition under section 
204 filed for an alien’s classification as a mar-
ried son or daughter of a United States citizen 
under section 203(a)(2), if the petition is later 
converted, due to the legal termination of the 
alien’s marriage, to a petition to classify the 
alien as an immediate relative under subsection 
(b)(2)(A)(i) or as an unmarried son or daughter 
of a United States citizen under section 
203(a)(1), the determination of the alien’s age 
shall be made using the age of the alien on the 
date of the termination of the marriage.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 201 of the Immigration and Nation-
ality Act (8 U.S.C. 1151) is amended by striking 
subsection (f). 
(3) EFFECTIVE DATE.— 
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(A) IN GENERAL.—The amendments made 
by this section shall be effective as if included 
in the Child Status Protection Act (Public Law 
107–208). 
(B) MOTION
TO
REOPEN
OR
RECON-
SIDER.—A motion to reopen or reconsider the 
denial of a petition or application described in 
the amendments made by paragraph (1), that 
would have been approved if the amendments 
described in such paragraph had been in effect 
at the time of adjudication of the petition or 
application may be granted if 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. 
(b) AGE-OUT PROTECTIONS FOR NONIMMIGRANTS.— 
Section 214 of the Immigration and Nationality Act (8 
U.S.C. 1184) as amended by this Act, is further amended 
by adding at the end the following: 
‘‘(t) An alien who entered the United States as a de-
pendent child of a nonimmigrant admitted pursuant to an 
approved employer petition under this section or with sta-
tus under section 101(a)(15)(E), and who is the principal 
or derivative beneficiary of a properly filed pending or ap-
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proved petition under section 204 shall be entitled to re-
tain derivative nonimmigrant status notwithstanding any 
time or age limitations until the petition is denied or the 
alien receives the status of alien lawfully admitted to per-
manent residence.’’. 
(c) EMPLOYMENT AUTHORIZATION.—Section 214 of 
the Immigration and Nationality Act (8 U.S.C. 1184) is 
amended by adding at the end the following: 
‘‘(s) The Secretary of Homeland Security shall au-
thorize an alien who entered the United States as a de-
pendent child of a nonimmigrant admitted pursuant to an 
approved employer petition under this section or with sta-
tus under section 101(a)(15)(E), and who is the derivative 
beneficiary of a properly filed pending or approved petition 
under section 204, to engage in employment in the United 
States, and shall provide such alien with an ‘employment 
authorized’ endorsement or other appropriate work per-
mit.’’. 
SEC. 4. PRIORITY DATE RETENTION. 
Section 203(h) of the Immigration and Nationality 
Act (8 U.S.C. 1153(h)) is amended to read as follows: 
‘‘(h) RETENTION OF PRIORITY DATES.—The priority 
date for an individual shall be the date that a petition 
under section 204 is filed with the Secretary of Homeland 
Security (or the Secretary of State, if applicable), unless 
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such petition was preceded by the filing of a labor certifi-
cation with the Secretary of Labor, in which case that date 
shall constitute the priority date. The principal beneficiary 
and all derivative beneficiaries shall retain the priority 
date associated with the earliest of any approved petition 
or labor certification and such priority date shall be appli-
cable to any subsequently approved petition.’’. 
Æ 
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