‘‘(i)(I) have earned income in any sec-
tor, industry, or occupation described in 
that paragraph on any date during the pe-
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 
VerDate Sep 11 2014 
21:15 May 11, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1909.IH
H1909
pamtmann on DSKBC07HB2PROD with BILLS
the United States on the date on which the ap-
plication is submitted. 
‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 
‘‘(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, 
2021, 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 
VerDate Sep 11 2014 
21:15 May 11, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1909.IH
H1909
pamtmann on DSKBC07HB2PROD with BILLS
the alien’s absences from the 
United States are brief, casual, 
and innocent, whether or not 
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 a alien’s 
VerDate Sep 11 2014 
21:15 May 11, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1909.IH
H1909
pamtmann on DSKBC07HB2PROD with BILLS
continuous physical presence in the United 
States. 
‘‘(c) GROUNDS FOR INELIGIBILITY.— 
‘‘(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-
VerDate Sep 11 2014 
21:15 May 11, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1909.IH
H1909
pamtmann on DSKBC07HB2PROD with BILLS
dience without violence, and any minor 
traffic offense) not occurring on the same 
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 
VerDate Sep 11 2014 
21:15 May 11, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1909.IH
H1909
pamtmann on DSKBC07HB2PROD with BILLS
which the alien applies for status 
under this section; and 
‘‘(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; 
VerDate Sep 11 2014 
21:15 May 11, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1909.IH
H1909
pamtmann on DSKBC07HB2PROD with BILLS