Protecting Children of Long-term Visa Holders Act of 2021
Bill: S.2753 | Sponsor: Sen. Padilla, Alex (D-CA)
Policy area: Immigration

Summary:
America's Children Act or the Protecting Children of Long-term Visa Holders Act of 2021
This bill provides lawful permanent resident status to certain college graduates who entered the United States as children and addresses other immigration-related issues.
Specifically, this bill allows an alien to apply for lawful permanent resident status if the alien (1) was lawfully admitted into the United States as a dependent child of an alien on a temporary worker visa, (2) was in the United States with such status for at least four years, (3) has graduated from an institution of higher education in the United States, and (4) is not deportable or otherwise inadmissible. In addition, the alien must have been lawfully present in the United States for at least 10 years at the time of the application.
The bill also modifies various provisions related to the calculation of an alien's age for immigration purposes and the priority date of certain immigration-related applications.

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.

    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 ``America's Children Act'' or the 
``Protecting Children of Long-term Visa Holders Act of 2021''.

SEC. 2. PERMANENT RESIDENT STATUS FOR CERTAIN COLLEGE GRADUATES WHO 
              ENTERED THE UNITED STATES AS CHILDREN.

    (a) Requirements.--Section 201(b)(1) of the Immigration 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 nonimmigrant admitted 
                        pursuant to an approved 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 
                        aggregate period of not less than 4 years;
                            ``(iii) had at the time of the application 
                        been lawfully present in the United States for 
                        an aggregate period of not less than 10 years; 
                        and
                            ``(iv) has graduated from an institution of 
                        higher education (as defined in section 102(a) 
                        of the Higher Education Act of 1965 (20 U.S.C. 
                        1002(a))) in the United States.''.
    (b) Petition.--Section 204(a)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)(1)) is amended 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 Immigration 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 section 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 
                filed with the Secretary of Labor, whichever is 
                earlier.
                    ``(B) For purposes of a petition under section 
                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 married 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 paragraph (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 amendment.--Section 201 of the 
        Immigration and Nationality Act (8 U.S.C. 1151) is amended by 
        striking subsection (f).
            (3) Effective date.--
                    (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; 116 Stat. 
                927).
                    (B) Motion to reopen or reconsider.--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) is further amended by 
adding at the end the following:
    ``(s) An alien who entered the United States as a dependent child 
of a nonimmigrant admitted pursuant to an approved employer petition 
under this section or as a nonimmigrant described in section 
101(a)(15)(E), and who is the principal or derivative beneficiary of a 
properly filed pending or approved petition under section 204, shall be 
entitled to retain 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 permanent 
residence.''.
    (c) Employment Authorization.--Section 214 of the Immigration and 
Nationality Act (8 U.S.C. 1184), as amended by subsection (b), is 
further amended by adding at the end the following:
    ``(t) The Secretary of Homeland Security shall authorize an alien 
who entered the United States as a dependent child of a nonimmigrant 
admitted pursuant to an approved employer petition under this section 
or as a nonimmigrant described in 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 permit.''.

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 such petition was preceded by the filing of a labor 
certification 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 applicable to any subsequently approved 
petition.''.
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