TITLE VI—COMMITTEE ON THE
JUDICIARY
Subtitle A—Immigration
Provisions
SEC. 60001. PROTECTIONS AND WORK PERMITS.
(a) IN GENERAL.—The Secretary of Homeland Security shall—
(1) under section 212(d)(5) of the Immigration
and Nationality Act (8 U.S.C. 1182(d)(5)) and consistent with this section, parole into the United
States for a period of 5 years or until September 30,
2031, whichever is earlier, an alien described in subsection (b), if such alien—
(A) files an application for parole after the
date of the enactment of this section;
(B) pays an administrative fee in an
amount sufficient to cover the cost of processing the application; and
(C) completes security and law enforcement background checks to the satisfaction of
the Secretary; and
(2) for the period during which an alien is paroled into the United States under paragraph (1)
and any period in which such parole is extended
under subsection (c)—
(A) provide employment and travel authorization to such alien; and
(B) deem such alien eligible for a driver’s
license or identification card under section 202
of the REAL ID Act of 2005 (division B of
Public Law 109–13; 49 U.S.C. 30301 note).
(b) ALIENS DESCRIBED.
—An alien is described in
this subsection if the alien—
(1) before January 1, 2011—
(A) was inspected and admitted to the
United States;
(B) entered the United States without inspection; or
(C) was paroled into the United States;
(2) has continuously resided in the United
States since such entry; and
(3) is not inadmissible pursuant to paragraph
(2), (3), (6)(E), ( , (10)(A), (10)(C), or (10)(D) of
section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)).
(c) EXTENSION.—Consistent with the requirements
under subsection (a), and based on the policies and implementing guidance issued pursuant to this section and in
effect when parole was initially granted to the alien under
this section, the Secretary of Homeland Security shall extend a grant of parole for an alien described in subsection
(b) from the date the initial parole period expires until
September 30, 2031.
(d) REVOCATION.—The Secretary of Homeland Security may not revoke parole granted to an alien under sub6 section (a) unless the Secretary determines that such alien
is ineligible for parole under subsection (b) based on the
policies and implementing guidance in effect when parole
was initially granted to the alien under this section.
(e) CLARIFICATIONS.—
(1) IN GENERAL.—An alien paroled under this
section shall not be counted for purposes of the cal13 culation under section 201(c)(4) of the Immigration
and Nationality Act (8 U.S.C. 1151(c)(4)).
(2) OTHER RELIEF.—Nothing in this section
shall limit the existing authority of the Secretary of
Homeland Security to provide administrative or stat18 utory relief to aliens on an individual or class-wide
basis.
(f) CONFIDENTIALITY OF INFORMATION.—The Sec21 retary of Homeland Security may not disclose information
provided in any application filed under this section to U.S.
Immigration and Customs Enforcement, U.S. Customs
and Border Protection, or any designee of either such entity or use such information for purposes of immigration
enforcement.
(g) INTERIM RULES.—Not later than 90 days after
the date of the enactment of this section, the Secretary
of Homeland Security shall publish in the Federal Register, interim final rules implementing this section and
shall, not later than 90 days after such rules are published, begin accepting and adjudicating applications for
parole under subsection (a)(1)(A).
SEC. 60002. RECAPTURE OF UNUSED IMMIGRANT VISA
NUMBERS.
(a) ENSURING FUTURE USE OF ALL IMMIGRANT
VISAS.—Section 201(c)(1)(B)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1151(c)(1)(B)(ii)) is amended
to read as follows:
‘‘(ii) In no case shall the number computed under subparagraph (A) be less than
the sum of—
‘‘(I) 226,000; and
‘‘(II) the number computed
under paragraph (3).’’.
(b) RECAPTURING UNUSED VISAS.—Section 201 of
the Immigration and Nationality Act (8 U.S.C. 1151) is
amended by adding at the end the following:
‘‘(g) RECAPTURING UNUSED VISAS.—
‘‘(1) FAMILY-SPONSORED VISAS.—
‘‘(A) IN GENERAL.—Notwithstanding the
numerical limitations set forth in this section or
in sections 202 or 203, beginning in fiscal year
2022, the number of family-sponsored immigrant visas that may be issued under section
203(a) shall be increased by the number computed under subparagraph (B).
‘‘(B) UNUSED VISAS.—The number computed under this subparagraph is the difference, if any, between—
‘‘(i) the difference, if any, between—
‘‘(I) the number of visas that
were originally made available to family-sponsored immigrants under section 201(c)(1) for fiscal years 1992
through 2021, setting aside any unused visas made available to such immigrants in such fiscal years under
section 201(c)(3); and
‘‘(II) the number of visas described in subclause (I) that were
issued under section 203(a), or, in accordance with section 201(d)(2)(C),
under section 203(b); and
‘‘(ii) the number of visas resulting
from the calculation under clause (i) issued
under section 203(a) after fiscal year
2021.
‘‘(2) EMPLOYMENT-BASED VISAS.—
‘‘(A) IN GENERAL.—Notwithstanding the
numerical limitations set forth in this section or
in sections 202 or 203, beginning in fiscal year
2022, the number of employment-based immigrant visas that may be issued under section
203(b) shall be increased by the number computed under subparagraph (B).
‘‘(B) UNUSED VISAS.—The number computed under this paragraph is the difference, if
any, between—
‘‘(i) the difference, if any, between—
‘‘(I) the number of visas that
were originally made available to employment-based immigrants under section 201(d)(1) for fiscal years 1992
through 2021, setting aside any unused visas made available to such immigrants in such fiscal years under
section 201(d)(2); and
‘‘(II) the number of visas described in subclause (I) that were
issued under section 203(b), or, in accordance with section 201(c)(3)(C),
under section 203(a); and
‘‘(ii) the number of visas resulting
from the calculation under clause (i) issued
under section 203(b) after fiscal year
2021.
‘‘(3) DIVERSITY VISAS.—Notwithstanding sec11 tion 204(a)(1)(I)(ii)(II), an immigrant visa for an
alien selected in accordance with section 203(e)(2) in
fiscal year 2017, 2018, 2019, 2020, or 2021 shall
remain available to such alien (and the spouse and
children of such alien) if—
‘‘(A) the alien was refused a visa, prevented from seeking admission, or denied ad18 mission to the United States solely because of
Executive Order 13769, Executive Order
13780, Presidential Proclamation 9645, or
Presidential Proclamation 9983; or
‘‘(B) because of restrictions or limitations
on visa processing, visa issuance, travel, or
other effects associated with the COVID–19
public health emergency—
‘‘(i) 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
‘‘(ii) the alien was unable to seek admission or was denied admission to the
United States despite being approved for a
visa under section 203(c).’’.
SEC. 60003. ADJUSTMENT OF STATUS.
Section 245 of the Immigration and Nationality Act
(8 U.S.C. 1255) is amended by adding at the end the following:
‘‘(n) VISA AVAILABILITY.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(a)(3), the Secretary of Homeland Security may accept for filing an application for adjustment of status from an alien (and the spouse and children of
such alien), if such alien—
‘‘(A) is the beneficiary of an approved petition under section 204(a)(1);
‘‘(B) pays a supplemental fee of $1,500,
plus $250 for each derivative beneficiary; and
‘‘(C) is otherwise eligible for such adjustment.
‘‘(2) EXEMPTION.—The Secretary of Homeland
Security shall exempt an alien (and the spouse and
children of such alien) from the numerical limitations described in sections 201, 202, and 203, and
the Secretary of Homeland Security may adjust the
status of such alien (and the spouse and children of
such alien) to lawful permanent resident, if such
alien submits or has submitted an application for
adjustment of status and—
‘‘(A) such alien—
‘‘(i) is the beneficiary of an approved
petition under subparagraph (A)(i) or
(B)(i)(I) of section 204(a)(1) that bears a
priority date that is more than 2 years before the date the alien requests an exemption from the numerical limitations; and
‘‘(ii) pays a supplemental fee of
$2,500;
‘‘(B) such alien—
‘‘(i) is the beneficiary of an approved
petition under subparagraph (E) or (F) of
section 204(a)(1) that bears a priority date
that is more than 2 years before the date
the alien requests an exemption from the
numerical limitations; and
‘‘(ii) pays a supplemental fee of
$5,000; or
‘‘(C) such alien—
‘‘(i) is the beneficiary of an approved
petition under subparagraph (H) of section
204(a)(1) that bears a priority date that is
more than 2 years before the date the alien
requests an exemption from the numerical
limitations; and
‘‘(ii) pays a supplemental fee of
$50,000.
‘‘(3) EFFECTIVE DATE.—
‘‘(A) IN GENERAL.—The provisions of this
subsection—
‘‘(i) shall take effect on the earlier of
the date that is—
‘‘(I) 180 days after the date of
the enactment of this subsection; or
‘‘(II) May 1, 2022; and
‘‘(ii) except as provided in subparagraph (B), shall cease to have effect on
September 30, 2031.
‘‘(B) CONTINUATION.—Paragraph (2)
shall continue in effect with respect to an alien
who requested an exemption of the numerical
limitations and paid the requisite fee prior to
the date described in subparagraph (A)(ii),
until the Secretary of Homeland Security renders a final administrative decision on such application.’’.
SEC. 60004. ADDITIONAL SUPPLEMENTAL FEES.
(a) TREASURY.—The fees described in this section,
section 60001, and section 245(n) of the Immigration and
Nationality Act, as added by this subtitle—
(1) shall be deposited in the general fund of the
Treasury; and
(2) may not be waived, in whole or in part.
(b) IMMIGRANT VISA PETITIONS.—In addition to any
other fee collected in connection with a petition described
in this subsection, the Secretary of Homeland Security
shall collect a supplemental fee in the amount of—
(1) $100 in connection with each petition filed
under—
(A) section 204(a)(1)(A)(i) of the Immi20 gration and Nationality Act (8 U.S.C.
1154(a)(1)(A)(i)) for classification by reason of
a relationship described under paragraph (1),
(3), or (4) of section 203(a) of such Act (8
U.S.C. 1153(a)); and
(B) section 204(a)(1)(B)(i)(I) of such Act
(8 U.S.C. 1154(a)(1)(B)(i)(I));
(2) $800 in connection with each petition filed
under subparagraph (E) or (F) of section 204(a)(1)
of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)); and
(3) $15,000 in connection with each petition
filed under subparagraph (H) of section 204(a)(1) of
the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)).
(c) FORM I-94 OR FORM I-94W.—The Secretary of
Homeland Security shall collect from each individual who
is admitted to the United States as a nonimmigrant, and
is issued an electronic or paper arrival/departure record
(Form I-94 or Form I-94W, or any successor form), a
fee of $19.
(d) STUDENT AND EXCHANGE VISITORS.—In addi18 tion to any other fee collected from an approved institution
of higher education, other approved educational institu20 tion, or designated exchange visitor program in the United
States, in connection with nonimmigrants described in
subparagraph (F), (J), or (M) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) enrolled in such institution or program, the
Secretary of Homeland Security shall collect a supple2 mental fee of $250 for each such nonimmigrant.
(e) PERMANENT RESIDENT CARD REPLACEMENT.—
In addition to any other fee collected in connection with
each Application to Replace Permanent Resident Card
(Form I-90, or any successor form), filed for purposes of
replacing an expired or expiring permanent resident card,
the Secretary of Homeland Security shall collect a supple9 mental fee of $500.
(f) NONIMMIGRANT VISA PETITIONS.—In addition to
any other fee collected in connection with a petition filed
under section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184), the Secretary of Homeland Security shall
collect a supplemental fee of $500 in connection with each
such petition for classification as a nonimmigrant under
subparagraph (E), (H)(i)(b), (L), (O), or (P) of section
101(a)(15) of such Act (8 U.S.C. 1101(a)(15)).
(g) EXTEND/CHANGE STATUS.—In addition to any
other fee collected in connection with each Application to
Extend/Change Nonimmigrant Status (Form I-539, or
any successor form), the Secretary of Homeland Security
shall collect a supplemental fee of $500.
(h) EMPLOYMENT AUTHORIZATION.—In addition to
any other fee collected in connection with an application
for employment authorization (Form I-765, or any suc
cessor form), the Secretary of Homeland Security shall
collect a supplemental fee of $500 for each such applica3 tion filed by an individual seeking such authorization as—
(1) the spouse of a nonimmigrant described in
subparagraph (E), (H), or (L) of section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15));
(2) a nonimmigrant described in section
101(a)(15)(F) of such Act (8 U.S.C.
1101(a)(15)(F)) to engage in optional practical
training; or
(3) as an applicant for adjustment of status
under section 245(a) of such Act (8 U.S.C.
1255(a)).
(i) EFFECTIVE DATE.—The fees authorized by this
section shall take effect on the earlier of the date that
is—
(1) 180 days after the date of the enactment of
this Act; and
(2) May 1, 2022.
SEC. 60005. U.S. CITIZENSHIP AND IMMIGRATION SERVICES.
In addition to amounts otherwise available, there is
appropriated to U.S. Citizenship and Immigration Serv24 ices for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $2,800,000,000, to remain
available until expended, for the purpose of increasing the
capacity of U.S. Citizenship and Immigration Services to
adjudicate efficiently applications described in section
60001 of this Act, and section 245(n) of the Immigration
and Nationality Act (8 U.S.C. 1255(n)), as added by
60003 of this Act, and to reduce case processing backlogs.
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