Averting Loss of Life and Injury by Expediting SIVs Act of 2021
Bill: H.R.3985 | Sponsor: Rep. Crow, Jason (D-CO)
Policy area: Immigration

Summary:
Averting Loss of Life and Injury by Expediting SIVs Act of 2021 or the Allies Act of 2021
This bill increases the number of special immigrant visas available to qualified Afghan nationals who worked for the U.S. government or the North Atlantic Treaty Organization (NATO) missions in Afghanistan. The bill also relaxes certain qualifications for such visas.
Specifically, this bill makes available an additional 8,000 visas for principal aliens under this special visa program, to be available until all such visas have been issued. (The numerical limitations in this program apply only to the principal alien who applies for the visa, not to any accompanying spouse or child.)
Under this bill, an alien may qualify based on a credible basis for concern about the possibility of an ongoing serious threat in Afghanistan due to their work with the U.S. government or a NATO mission, where currently the alien must have experienced such a threat. The bill also eliminates a requirement for each applicant to submit a credible sworn statement describing that threat.
Furthermore, for an applicant qualifying for a visa by performing duties for U.S. military personnel stationed with a NATO mission, this bill eliminates a requirement that the duties performed qualify as sensitive and trusted duties.
If an alien submits a visa application that included an accompanying spouse or child but the alien passes away before the application is granted, the surviving spouse or child shall remain eligible to receive a visa under that application. Currently, a surviving spouse or child retains eligibility only if the application was approved before the alien passed away.

To amend the Afghan Allies Protection Act of 2009 to expedite the 
special immigrant visa process for certain Afghan allies, 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 ``Averting Loss of Life and Injury by 
Expediting SIVs Act of 2021'' or as the ``ALLIES Act of 2021''.

SEC. 2. IMPROVING AFGHAN SPECIAL IMMIGRANT VISA PROGRAM.

    (a) Evidence of Serious Threat.--Section 602(b)(2) of the Afghan 
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
            (1) in subparagraph (A)(iv), by striking ``has experienced 
        or is experiencing'' and inserting ``has asserted a credible 
        basis for concern about the possibility of'';
            (2) by striking subparagraph (E); and
            (3) by redesignating subparagraph (F) as subparagraph (E).
    (b) Activities for United States Military Personnel Stationed With 
International Security Assistance or Successor Force.--Section 
602(b)(2)(A)(ii)(II)(bb) of the Afghan Allies Protection Act of 2009 (8 
U.S.C. 1101 note) is amended by striking ``sensitive and trusted''.
    (c) Afghans Employed Subject to a Grant or Cooperative Agreement.--
Section 602(b)(2)(A)(ii)(I) of the Afghan Allies Protection Act of 2009 
(8 U.S.C. 1101 note) is amended by inserting after ``United States 
Government'' the following ``, including employment or other work in 
Afghanistan through a cooperative agreement or grant funded by the 
United States Government if the Secretary of State determines, based on 
a recommendation from the Federal agency or organization authorizing 
such funding, that such alien contributed to the United States mission 
in Afghanistan''.
    (d) Eliminating Duplicative Processing Requirements.--Section 
602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) 
is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``, notwithstanding any other provision of 
                law, the Secretary of State in consultation with the 
                Secretary of Homeland Security'' and inserting ``the 
                Secretary of State''; and
                    (B) in subparagraph (A), by striking ``a petition 
                for classification under section 203(b)(4) of such Act 
                (8 U.S.C. 1153(b)(4))'' and inserting ``a request for 
                such status in accordance with procedures established 
                by the Secretary of Homeland Security and Secretary of 
                State''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A)(ii), by striking 
                ``petition'' and inserting ``request''; and
                    (B) in subparagraph (D)(i), by striking 
                ``petition'' and inserting ``request''.
    (e) Strengthening Protections for Surviving Spouses and Children.--
Subparagraph (C) of section 602(b)(2) of the Afghan Allies Protection 
Act of 2009 (8 U.S.C. 1101 note) is amended to read as follows:
                    ``(C) Surviving spouse or child.--An alien is 
                described in this subparagraph if--
                            ``(i) the alien was the spouse or child of 
                        a principal alien described in subparagraph (A) 
                        who had submitted a request for classification 
                        pursuant to this section or a petition pursuant 
                        to section 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 accompanying spouse or child; 
                        and
                            ``(ii) such request or petition--
                                    ``(I) if approved, was revoked (or 
                                otherwise rendered null) due to the 
                                death of the principal alien; or
                                    ``(II) if pending, is otherwise 
                                approvable but for the death of the 
                                principal alien.''.
    (f) Applicability.--The amendments made by this section shall apply 
to any requests for special immigration status, applications for 
special immigrant visas, or applications for adjustment of status under 
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) that are 
pending on the date of the enactment of this Act or filed on or after 
such date.
    (g) Rule of Construction.--The amendments made by this section 
shall not diminish, replace or override any vetting, verification of 
employment, approval by chief of mission, or any other screening 
process required for a special immigrant visa under the Afghan Allies 
Protection Act of 2009 (8 U.S.C. 1101 note).

SEC. 3. AFGHAN ALLIES PROTECTION ACT.

    Section 602(b)(3) of the Afghan Allies Protection Act of 2009 (8 
U.S.C. 1101 note) is amended by adding at the end the following:
                    ``(G) Subsequent fiscal years.--Beginning on the 
                date of the enactment of this subparagraph, in addition 
                to any unused balance under this paragraph, 8,000 
                principal aliens may be granted special immigrant 
                status under this subsection. For purposes of status 
                provided under this subparagraph the authority to issue 
                visas or adjust status shall commence on the date of 
                the enactment of this subparagraph and shall terminate 
                on the date such visa numbers are exhausted.''.

            Passed the House of Representatives July 22, 2021.

            Attest:

                                                                 Clerk.
117th CONGRESS

  1st Session

                               H. R. 3985

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