Keeping Our Promise Act
Bill: H.R.3548 | Sponsor: Rep. Torres, Ritchie (D-NY)
Policy area: Immigration

Summary:
Keeping Our Promise Act
This bill authorizes issuing visas to certain individuals who were previously refused a diversity immigrant visa or admission into the United States because of certain executive orders or the COVID-19 public health emergency. (Diversity immigrant visas are available to eligible immigrants from countries with relatively low rates of immigration to the United States.)
Specifically, this bill applies to individuals who were refused such a visa solely due to certain executive orders from 2017 to 2020, including orders which suspended the entry of individuals from certain countries. The bill also applies to diversity visa applicants who, because of the COVID-19 emergency, were (1) unable to receive a visa interview despite requesting one, or (2) unable to be admitted into the United States despite being approved for a visa.
The Department of State must notify each individual covered under this bill of the individual's visa eligibility. To retain eligibility, an individual must respond to the State Department's notice within one year of the notice. An individual may also lose eligibility if the State Department determines that the applicant fails to meet certain requirements.
The bill also relaxes certain annual numerical limits for individuals obtaining a visa under this bill.
An individual who was a child when initially selected for a visa shall be treated as a child for the purposes of a visa application under this bill.

To authorize the issuance of visas and admission of certain aliens, and 
 their derivatives, who were selected to apply for diversity immigrant 
  visas but were unable to be issued such visas or be admitted to the 
 United States as a result of certain Presidential Proclamations, 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 ``Keeping Our Promise Act''.

SEC. 2. ALIENS PREVIOUSLY ALLOCATED DIVERSITY VISAS.

    (a) In General.--Notwithstanding section 204(a)(1)(I)(ii)(II) of 
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)), 
and subject to subsection (c) of this section, an immigrant visa made 
available to an alien under section 203(e)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1153(e)(2)) in any of fiscal years 2017, 
2018, 2019, 2020, or 2021 shall remain available to such alien if--
            (1) the alien was refused a visa or denied admission to the 
        United States solely because of--
                    (A) Executive Order 13769, ``Protecting the Nation 
                from Foreign Terrorist Entry into The United States'' 
                (January 27, 2017);
                    (B) Executive Order 13780, ``Protecting the Nation 
                from Foreign Terrorist Entry into the United States'' 
                (March 6, 2017);
                    (C) Proclamation 9645, ``Enhancing Vetting 
                Capabilities and Processes for Detecting Attempted 
                Entry into the United States by Terrorists or Other 
                Public-Safety Threats'' (September 24, 2017); or
                    (D) Proclamation 9983, ``Improving Enhanced Vetting 
                Capabilities and Processes for Detecting Attempted 
                Entry into the United States by Terrorists or Other 
                Public-Safety Threats'' (January 31, 2020); or
            (2) because of the COVID-19 public health emergency--
                    (A) the alien was unable to receive a visa 
                interview despite submitting an Online Immigrant Visa 
                and Alien Registration Application (Form DS-260) to the 
                Secretary of State; or
                    (B) the alien was unable to be admitted to the 
                United States despite being approved for a visa under 
                section 203(c) of the Immigration and Nationality Act 
                (8 U.S.C. 1153(c)).
    (b) Obligations of the Secretary.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State shall--
                    (A) notify each alien described in subsection (a) 
                (and such alien's representative, if applicable) of 
                their continuing eligibility for a visa under section 
                203(c) of the Immigration and Nationality Act (8 U.S.C. 
                1153(c)); and
                    (B) publish on the Department of State website, 
                information and procedures implementing this Act.
            (2) Notice.--The notice described in paragraph (1)(A) shall 
        include procedures for the alien to inform the Secretary of 
        State of the alien's intent to proceed with or abandon the 
        application, and shall include an advisal that such application 
        shall be deemed abandoned if the alien fails to notify the 
        Secretary of the alien's intent to proceed within one year of 
        the date of the notice.
    (c) Limitation on Visa Eligibility.--An alien described in 
subsection (a) shall remain eligible to receive such visa until the 
earliest of the date that the alien--
            (1) notifies the Secretary of the alien's intent to abandon 
        the application;
            (2) fails to respond to the notice described in subsection 
        (b)(2); or
            (3) is refused a visa by the Secretary of State--
                    (A) for failure to meet the education or work 
                experience requirements under section 203(c)(2) of the 
                Immigration and Nationality Act (8 U.S.C. 1153(c)(2)); 
                or
                    (B) on grounds that the alien is inadmissible under 
                section 212(a) of the Immigration and Nationality Act 
                (8 U.S.C. 1182(a)).
    (d) Numerical Limitation.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), visas issued to aliens under this Act shall be counted 
        against the numerical limitation described in section 201(e) of 
        the Immigration and Nationality Act (8 U.S.C. 1151(e)) for the 
        fiscal year in which such visas were made available to such 
        aliens.
            (2) Unused visas.--Visas under section 201(e) of the 
        Immigration and Nationality Act (8 U.S.C. 1151(e)) that go 
        unused in any of fiscal years 2017, 2018, 2019, 2020, or 2021 
        may be allocated to aliens described in subsection (a) 
        regardless of the fiscal year in which such alien's visa was 
        made available.
            (3) Overage.--In the case that the total number of aliens 
        described in subsection (a) who are eligible for visas exceeds 
        the total number of visas under section 201(e) of the 
        Immigration and Nationality Act (8 U.S.C. 1151(e)) for fiscal 
        years 2017, 2018, 2019, 2020, and 2021, such excess number 
        shall not be counted against the numerical limitation described 
        in such section 201(e).
    (e) Age Out Protections.--A determination of whether an alien is 
the child of a visa recipient described in this Act pursuant section 
203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d)) shall 
be made using the age of the child when applicant was initially 
selected for a visa in accordance with section 203(e)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1153(e)(2)).
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