Special Immigrant Visas for Afghan Fulbright Scholars Act of 2021
Bill: H.R.5482 | Sponsor: Rep. Garamendi, John (D-CA)
Policy area: Immigration

Summary:
Special Immigrant Visas for Afghan Fulbright Scholars Act of 2021
This bill authorizes special immigrant visas for qualifying citizens or nationals of Afghanistan who were selected for certain educational and cultural exchange programs.
Specifically, a citizen or national of Afghanistan (and any accompanying spouse or child of such an individual) may be eligible for a special immigrant visa if the individual was selected on or after October 7, 2001, to participate in a qualifying educational or cultural exchange program administered by the Department of State, including the J. William Fulbright Educational Exchange Program.

To amend the Afghan Allies Protection Act to provide special immigrant 
     visas to certain Fullbright Scholars, 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 ``Special Immigrant Visas for Afghan 
Fulbright Scholars Act of 2021''.

SEC. 2. SPECIAL IMMIGRANT VISAS FOR CERTAIN FULBRIGHT SCHOLARS.

    Section 602(b) of the Afghan Allies Protection Act of 2009 (8 
U.S.C. 1101 note) is amended--
            (1) by redesignating paragraphs (4) through (14) as 
        paragraphs (5) through (15), respectively; and
            (2) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) Fulbright scholars as a principal alien.--
                    ``(A) In general.--An alien is described in this 
                subparagraph if the alien--
                            ``(i) is a citizen or national of 
                        Afghanistan; and
                            ``(ii) was selected on or after October 7, 
                        2001, to participate in--
                                    ``(I) the J. William Fulbright 
                                Educational Exchange Program authorized 
                                under section 102 of the Mutual 
                                Educational and Cultural Exchange Act 
                                of 1961 (22 U.S.C. 2452(a)(1)) 
                                including the Fulbright Scholar-in-
                                Residence Grants and the Fulbright 
                                Foreign Language Teaching Assistant 
                                Program;
                                    ``(II) the Hubert H. Humphrey 
                                Fellowship Program pursuant to section 
                                112(a)(2) of the Mutual Educational and 
                                Cultural Exchange Act of 1961 (22 
                                U.S.C. 2460(a)(2));
                                    ``(III) the International Visitors 
                                Leadership Program pursuant to section 
                                112(a)(3) of the Mutual Educational and 
                                Cultural Exchange Act of 1961 (22 
                                U.S.C. 2460(a)(3)); or
                                    ``(IV) any other educational or 
                                cultural exchange activity administered 
                                by the Secretary of State pursuant to 
                                sections 102 or 112 of the Mutual 
                                Educational and Cultural Exchange Act 
                                of 1961 (22 U.S.C. 2452; 22 U.S.C. 
                                2460) for which the Secretary 
                                determines that a participating alien 
                                is eligible for a special immigrant 
                                visa under this paragraph.
                    ``(B) Spouse or child.--
                            ``(i) Is the spouse or child of a principal 
                        alien described in subparagraph (A); and
                            ``(ii) is accompanying or following to join 
                        the principal alien in the United States.
                    ``(C) Numerical limitations.--A principal alien 
                provided special immigrant status under this paragraph 
                shall not count towards the total number of principal 
                aliens who may be provided special immigrant status 
                under this section pursuant to paragraph (3)(F) but 
                may, as applicable, count towards the total number of 
                principal aliens who have received a visa under the 
                unused balance of visas pursuant to subparagraph (D) or 
                (E) of paragraph (3).''.
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