Section 60001. Protections and Work Permits

DHS shall parole into the US for 5 years or until 9/30/2031 (whichever is earlier) an alien who

  • files a parole application after enactment
  • payes a fee covering the cost of the processing the application
  • goes through background checks

During the parole period, DHS will provide the parolee with employment and travel authorization anddeem the person eligible for a driver’s license under the REAL ID Act of 2005.
Query – Can travel make someone eligible to adjust?
To qualify, the applicant, before 1/1/2011, have been

  • inspected or admitted to the US
  • entered the US without inspection, or
  • was paroled into the US, and

continuously resided in the US since such entry, and
is not inadmissible under the following grounds under the INA-

  • 212(a)(2) – criminal and related grounds
  • 212(a)(3) – security and related grounds
  • 212(a)(6)(E) – Alien smuggling
  • 212(a)(8) – Permanently ineligible for citizenship or evading Selective Service in the US
  • 212(a)(10)(A) – Polygamists
  • 212(a)(10)(C) – International child abduction
  • 212(a)(10)(D) – Unlawful voting

Extensions permitted through September 30, 2031. Parole may not be revoked unless there’s a finding that the parolee was not actually eligible.
Numbers paroled in won’t count against limits on parole under INA 212(d)(5).
The authority to grant parole on an individual or class-wide basis is not impacted by this program.
DHS will not share information in parole applications with ICE, CBP or other agencies for immigration enforcement.
Rules will be issued not later than 90 days after the date of enactment and applications must be accepted within 90 days of that date.

Section 60002. Recapture of Unused Immigrant Visa Numbers

INA 201(c)(1)(B)(ii) is amended to now say the number of family preference visas available  in a year is at least 226,000 and the number of rolled over unused employment-based visas from the prior year.
A new INA 201(g) is added saying that beginning with FY 2022, the number of family-based immigrant visas shall be the normally allocated number plus the number of unused family-based immigrant visas under INA 201(c)(1) for FYs 1992 through 2021.
Beginning with FY 2022, the number of employment-based immigrant visas shall be the normally allocated number plus the number of unused employment-based immigrant visas under INA 201(c)(1) for FYs 1992 through 2021.
Unused DV visas from DV-2017, DV-2018 DV-2019, DV-2020, and DV-2021 shall remain available if an alien was refused a visa because of

  • Executive Order 13769 (Muslim Ban)
  • Executive ORder 13780 (Muslim Ban)
  • Presidential Proclamation 9645 (Muslim Ban)
  • Presidential Proclamation 9683 (Muslim Ban)
  • COVID-19 related visa restrictions or other effects associated with COVID that prevented individuals from receiving a visa interview or the individual was unable to seek admission or was denied admission despite being issued a visa.

Section 60003. Adjustment of Status

A new INA 245(n) will allow individuals to file to adjust status who are ineligible to adjust because a visa is not immediately available if they pay a supplemental fee of $1500 plus $250 for each derivative.
Visa quotas will be waived if people pay supplemental fees as follows:

  • $2500 and beneficiary of a family-based application with a priority date at least two years old
  • $5000 and beneficiary of an employment-based application with a priority date at least two years old
  • $50,000 and beneficiary of an EB-5 petition with a priority date at least two years old

Effective date of this section is 180 days after enactment or May 1, 2022, whichever is earlier. Sunsets on September 30, 2031 (though people who file the exemption request before that date are grandfathered).

Section 60004. Additional Supplemental Fees

New taxes are charged as follows and will be deposited in the general fund of the Treasury:

  • $100 for I-130 petitions (family-based preference categories)
  • $800 on I-140 petitions (EB-1, EB-2 and EB-3)
  • $15,000 on I-526 petitions (EB-5)
  • $19 for I-94/I-94W
  • $250 for F-1 , M-1 and J-1 (to be paid by educational institution or exchange program)
  • $500 for I-90 green card replacement
  • $500 for I-129 forms for applicants in the E, H-1B, L, O and P categories
  • $500 for I-539 extensions
  • $500 for EAD cards for spouse categories (H-4, E-2, L-2), students seeking OPT and applicants for adjustment of status

The taxes go into effect 180 days after date of enactment or May 1, 2022.

Section 6005. USCIS

DHS is appropriated $2.8 Billion for the purpose of increasing capacity to adjudicate all these new applications.

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