Afghan Allies Protection Act of 2021
Bill: H.R.3513 | Sponsor: Rep. Kinzinger, Adam (R-IL)
Policy area: Immigration

Summary:
Afghan Allies Protection Act of 2021
This bill provides for 4,000 additional special immigrant visas to qualified nationals of Afghanistan who were employed by or on behalf of the United States or the International Security Assistance Force after October 6, 2001. The visa allotment, in addition to any unused allocations of such special immigrant visas since FY2015, shall be available beginning FY2021, and unused visas shall carry over to subsequent fiscal years until exhausted.

To amend the Afghan Allies Protection Act of 2009 to make 4,000 visas 
available for the Afghan Special Immigrant Visa program, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Afghan Allies Protection Act of 
2021''.

SEC. 2. SPECIAL IMMIGRANT VISAS FOR AFGHAN ALLIES.

    (a) In General.--Section 602(b)(2)(A)(ii) of the Afghan Allies 
Protection Act of 2009 (8 U.S.C. 1101 note) is amended, in the matter 
preceding subclause (I), by inserting ``for the first time'' after 
``submitting a petition''.
    (b) Numerical Limitations.--Section 602(b)(3) of the Afghan Allies 
Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Fiscal year 2021.--
                            ``(i) In general.--In addition to any 
                        unused balance under subparagraph (F), for 
                        fiscal year 2021, not more than 4,000 principal 
                        aliens may be granted special immigrant status 
                        under this subsection.
                            ``(ii) Period of employment.--For purposes 
                        of this subparagraph, the period of employment 
                        referred to in paragraph (2)(A)(ii) shall end 
                        not later than December 31, 2023.
                            ``(iii) Application.--For purposes of this 
                        subparagraph, not later than December 31, 2023, 
                        a principal alien seeking special immigrant 
                        status under this subsection shall submit an 
                        application to the Chief of Mission.'';
            (2) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) Carry forward.--If the numerical limitation 
                described in subparagraph (A)(i) is not reached for 
                fiscal year 2021, the numerical limitation for each 
                subsequent fiscal year shall be established at a number 
                equal to the difference between--
                            ``(i) the numerical limitation described in 
                        subparagraph (A)(i); and
                            ``(ii) the number of principal aliens 
                        granted special immigrant status under this 
                        subsection during each fiscal year beginning in 
                        fiscal year 2021.'';
            (3) in subparagraph (D), by striking ``notwithstanding the 
        provisions of paragraph (C),''; and
            (4) in subparagraph (F), as amended by this Act,--
                    (A) by redesignating clauses (i) through (iii) as 
                subclauses (I) through (III), respectively, and 
                indenting appropriately;
                    (B) in the matter preceding subclause (I) (as so 
                redesignated), in the second sentence, by striking 
                ``For purposes'' and inserting the following:
                            ``(ii) Requirements.--For purposes'';
                    (C) in the matter preceding clause (ii) (as so 
                designated)--
                            (i) by striking ``exhausted,,'' and 
                        inserting ``exhausted,''; and
                            (ii) by striking ``In addition'' and 
                        inserting the following:
                            ``(i) In general.--In addition''; and
                    (D) by adding at the end the following:
                            ``(iii) Unused visas.--Any unused balance 
                        under this subparagraph shall be added to the 
                        number under subparagraph (A)(i) for use in 
                        fiscal year 2021.''.
    (c) Conversion of 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 
of the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 8 U.S.C. 1157 note) is reached.''.
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