Averting Loss of Life and Injury by Expediting SIVs Act of 2021

Bill: 117-hr-3985
Sponsor: full_name: Rep. Crow, Jason [D-CO-6]
Introduced: 2021-06-17
Policy area: Immigration
Subjects: Afghanistan

Alliances

Asia

Collective security

Conflicts and wars

Family relationships

Foreign aid and international relief

Foreign labor

Foreign language and bilingual programs

Immigration status and procedures

Military operations and strategy

Visas and passports
Latest action: action_date: 2021-07-22
text: Received in the Senate.

Summaries:
action_date: 2021-06-17
action_desc: Introduced in House
text: <p><strong>Averting Loss of Life and Injury by Expediting SIVs Act of 2021 or the Allies Act of 2021</strong></p> <p>This bill increases the number of special immigrant visas available to qualified Afghan nationals who worked for the U.S. government or a North Atlantic Treaty Organization (NATO) mission in Afghanistan. The bill also relaxes certain qualifications for such visas.</p> <p>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 spouse or child who may accompany the principal alien.)</p> <p>The bill also eliminates a requirement for each applicant to submit a credible sworn statement describing the threat the applicant faces in Afghanistan due to their employment with the U.S. government or a NATO mission. </p> <p>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.</p>

action_date: 2021-07-22
action_desc: Passed House
text: <p><strong>Averting Loss of Life and Injury by Expediting SIVs Act of 2021 or the Allies Act of 2021</strong></p> <p>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.</p> <p>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.)</p> <p>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. </p> <p>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.</p> <p>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.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 3985 IN THE HOUSE OF REPRESENTATIVES June 17, 2021 Mr. Crow (for himself, Mrs. Murphy of Florida , Mr. Moulton , Mr. Gallego , Mr. Kinzinger , Mr. Waltz , Mr. Bacon , Mr. San Nicolas , Mr. Kim of New Jersey , Mrs. Miller-Meeks , Mr. Stanton , Mr. Meijer , Mr. Bera , Mr. Welch , Mr. Baird , Ms. Jacobs of California , Mr. Blumenauer , Mr. Dunn , Mr. Malinowski , Mr. Lamb , Ms. Dean , Mr. Thompson of California , Mr. Schiff , Mr. Taylor , and Mr. Wenstrup ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Afghan Allies Protection Act of 2009 to expedite the special immigrant visa process for certain Afghan allies, and for other purposes.

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 . 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) by striking subparagraph (E); and (2) by redesignating subparagraph (F) as subparagraph (E). (b) Activities for United States military personnel stationed at International Security Assistance 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) Applicability The amendments made by this section shall apply to any application for special immigrant visas 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. (d) 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). 3. Additional Afghan special immigrant visa allotment 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 shall commence on the date of the enactment of this subparagraph and shall terminate on the date such visas are exhausted. .

tv_txt: I 117th CONGRESS 1st Session H. R. 3985 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Afghan Allies Protection Act of 2009 to expedite the special immigrant visa process for certain Afghan allies, and for other purposes.

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 . 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). 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. Cheryl L. Johnson, Clerk.

tv_txt: II 117th CONGRESS 1st Session H. R. 3985 IN THE SENATE OF THE UNITED STATES July 22, 2021 Received AN ACT To amend the Afghan Allies Protection Act of 2009 to expedite the special immigrant visa process for certain Afghan allies, and for other purposes.

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 . 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). 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. Cheryl L. Johnson, Clerk.