Adjustment of status of essential workers

(a)

In general

Chapter 5 of title II of the Immigration and Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A, the following:

245B.

Adjustment of status for essential workers

(a)

Adjustment of status for essential workers

Notwithstanding any other provision of law, the Secretary of Homeland Security (referred to in this section as the Secretary) or the Attorney General shall adjust to the status of an alien lawfully admitted for permanent residence—(1)an alien who—(A)satisfies the eligibility requirements set forth in subsection (b); and(B)submits an application and satisfies the criminal and national security background checks and payment of applicable fees pursuant to the procedures set forth in subsection (d); and(2)the parents, spouse, sons, and daughters of such alien. (b)

Eligibility

An alien applying for status under subsection (a) shall satisfy the following requirements:(1)

Aliens working in certain sectors, industries, and occupations

Except as provided in paragraph (2), the alien shall have, at any point during the period described in subsection (i), earned income for work in any of the following private, public, or nonprofit sectors, industries, or occupations: (A)Health care.(B)Emergency response. (C)Sanitation. (D)Restaurant ownership, food preparation, vending, catering, food packaging, food services, or delivery. (E)Hotel or retail. (F)Fish, poultry, and meat processing work.(G)Agricultural work, including labor that is seasonal in nature.(H)Commercial or residential landscaping. (I)Commercial or residential construction or renovation. (J)Housing, residential, and commercial construction related activities or public works construction. (K)Domestic work in private households, including child care, home care, or house cleaning. (L)Natural disaster recovery, disaster reconstruction, and related construction.(M)Home and community-based work, including—(i)home health care; (ii)residential care;(iii)assistance with activities of daily living; (iv)any service provided by direct care workers (as defined in section 799B of the Public Health Service Act (42 U.S.C. 295p)), personal care aides, job coaches, or supported employment providers; and(v)any other provision of care to individuals in their homes by direct service providers, personal care attendants, and home health aides. (N)Family care, including child care services, in-home child care services such as nanny services, and care services provided by family members to other family members. (O)Manufacturing.(P)Warehousing. (Q)Transportation or logistics. (R)Janitorial.(S)Laundromat and dry-cleaning operators.(T)Any other work in essential critical infrastructure labor or services, as described in the memorandum of the Department of Homeland Security entitled Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID–19 Response issued on March 28, 2020 (as revised), on any date during the period described in subsection (i). (U)Any other work that a State or local government considers to be essential during the emergency referred to in subsection (i). (2)

Certain other eligible aliens

An alien not described in paragraph (1)—(A)shall—(i)(I)have earned income in any sector, industry, or occupation described in that paragraph on any date during the period described in subsection (i) but was unable to continue that work through no fault of the alien, including because the working conditions posed a high degree of risk to the alien's health and safety; and(II)have been seeking to resume work in any such sector, industry, or occupation; (B)is the surviving parent, spouse, son, or daughter of an alien who—(i)performed any service or labor for remuneration in any sector, industry, or occupation described in that paragraph on any date during the period described in subsection (i); and(ii)died due to COVID–19; or (C)is the parent, spouse, son, or daughter of a member of the Armed Forces, including the National Guard. (3)

Physical presence

(A)

Date of submittal of application

The alien shall be physically present in the United States on the date on which the application is submitted.(B)

Continuous physical presence

(i)

In general

Except as provided in clause (ii), the alien shall have been continuously physically present in the United States beginning on January 1, 2021, and ending on the date on which the application is approved.(ii)

Exceptions

(I)

Authorized absence

An alien who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States during any period of travel that was authorized by the Secretary.(II)

Brief, casual, and innocent absences

(aa)

In general

An alien who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States if the alien’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary.(bb)

Absences more than 180 days

For purposes of this clause, an absence of more than 180 days, in the aggregate, during a calendar year shall not be considered brief, unless the Secretary finds that the length of the absence was due to circumstances beyond the alien’s control, including the serious illness of the alien, death or serious illness of a spouse, parent, grandparent, grandchild, sibling, son, or daughter of the alien, or due to international travel restrictions.(iii)

Effect of notice to appear

Issuance of a notice to appear under section 239(a) shall not be considered to interrupt the continuity of a alien’s continuous physical presence in the United States.(c)

Grounds for ineligibility

(1)

Certain grounds of inadmissibility

(A)

In general

Subject to subparagraph (B), an alien shall be ineligible for status under this section if the alien—(i)is inadmissible under paragraph (2), (3), (6)(E), (8), (10)(C), or (10)(E) of section 212(a);(ii)has been convicted of a felony offense (excluding any offense under State law for which an essential element in the alien's immigration status); or(iii)has been convicted of 3 or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia that is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the alien’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct.(B)

Waivers

(i)

In general

For purposes of subparagraph (A), the Secretary may, for humanitarian purposes, family unity, or if otherwise in the public interest—(I)waive inadmissibility under—(aa)subparagraphs (A), (C), and (D) of section 212(a)(2); and(bb)paragraphs (6)(E), (8), (10)(C), and (10)(E) of such section; (II)waive ineligibility under subparagraph (A)(ii) (excluding offenses described in section 101(a)(43)(A)) or inadmissibility under subparagraph (B) of section 212(a)(2) if the alien has not been convicted of any offense during the 10-year period preceding the date on which the alien applies for status under this section; and(III)for purposes of subparagraph (A)(iii), waive consideration of—(aa)1 misdemeanor offense if, during the 5-year period preceding the date on which the alien applies for status under this section the alien has not been convicted of any offense; or(bb)2 misdemeanor offenses if, during the 10-year period preceding such date, the alien has not been convicted of any offense.(ii)

Considerations

In making a determination under subparagraph (B), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including—(I)the severity of the underlying circumstances, conduct, or violation;(II)the duration of the alien’s residence in the United States;(III)evidence of rehabilitation, if applicable; and(IV)the extent to which the alien’s removal, or the denial of the alien’s application, would adversely affect the alien or the alien’s United States citizen or lawful permanent resident family members. (2)

Aliens in certain immigration statuses

An alien shall be ineligible for adjustment of status under this section if, on January 1, 2021, the alien was any of the following:(A)An alien lawfully admitted for permanent residence.(B)An alien admitted as a refugee under section 207 or granted asylum under section 208. (C)An alien who, according to the records of the Secretary or the Secretary of State, was in a period of authorized stay in a nonimmigrant status described in section 101(a)(15), other than—(i)the spouse, son, or daughter of an alien who is eligible for status under this section;(ii)an alien who is considered to be in a nonimmigrant status solely by reason of section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110–229; 122 Stat. 854) or section 244(f)(4) of this Act; and(iii)a nonimmigrant described in section 101(a)(15)(H)(ii).(iv)a nonimmigrant who is described in subsection (b). (D)An alien paroled into the Commonwealth of the Northern Mariana Islands or Guam who did not reside in the Commonwealth or Guam on November 28, 2009. (3)

Certain aliens outside the United States and unlawful reentrants

An alien shall be ineligible for adjustment of status under this section if the alien—(A)departed the United States while subject to an order of exclusion, deportation, removal, or voluntary departure; and (B)(i)was outside the United States on January 1, 2021; or(ii)reentered the United States unlawfully after January 1, 2021. (d)

Application

(1)

Fee

(A)

In general

The Secretary shall, subject to an exemption under subparagraph (B), require an alien applying for adjustment of status under this section to pay a reasonable fee commensurate with the cost of processing the application.(B)

Exemptions

An applicant may, in the discretion of the Secretary, be exempted from paying an application fee required under this paragraph if the applicant—(i)received total income, during the 1-year period immediately preceding the date on which the applicant files an application under this section, that is less than 250 percent of the Federal poverty line;(ii)is younger than 21 years of age;(iii)is in foster care or is a juvenile who lacks any parental or other familial support; or(iv)cannot care for himself or herself because of a serious disability.(C)

Installments

The Secretary may allow applicants to pay the fee under this paragraph in installments.(2)

Background checks

The Secretary may not grant an alien permanent resident status under this section until a background check has been completed.(3)

Withdrawal of application

(A)

In general

On receipt of a request to withdraw an application under this section, the Secretary shall cease processing of the application and close the case. (B)

Effect of withdrawal

Withdrawal of such an application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act. (e)

Employer requirements

(1)

In general

On request, an employer, the agent of an employer, or any person who provides compensation directly or indirectly to a worker for labor or service, shall provide a worker with documents that will assist the worker’s filing of an application under subsection (d). (2)

Effect of delay or noncompliance

With respect to a request described in paragraph (1), delay or noncompliance on the part of an employer, the agent of an employer, or the person who provides compensation directly or indirectly shall result in an escalating fine that accrues for the duration of the delay or noncompliance.(f)

Employer protections

No part of an alien’s application or request for documents under subsection (e) shall be used as evidence regarding an employer’s or any other person’s hiring, employment, or continued employment of an alien described in subsection (b) for purposes of demonstrating a violation of section 274A(a) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)) so long as the employer or other person has complied with such subsection (e).(g)

Worker protections

(1)

In general

An employer, the agent of an employer, or any person who provides compensation directly or indirectly to a worker for labor or service shall not take an adverse action against a worker based on a request made by the worker in good faith for documents or information to support an application for adjustment of status under this section.(2)

Presumption

(A)

In general

If any person or entity described in paragraph (1) takes an adverse action against such a worker within 90 days of the worker’s request for such documentation or information, such conduct shall raise a presumption that the adverse action was carried out in—(i)response to such request; and(ii)in violation of this subsection. (B)

Rebuttal

The presumption under subparagraph (A) may be rebutted by clear and convincing evidence that the adverse action was taken for other permissible reasons.(3)

Civil action

A worker may bring a civil action in a Federal or State court of competent jurisdiction against any person or entity described in paragraph (1) that violates this subsection to seek such legal or equitable relief as may be appropriate, including reinstatement, promotion, the payment of wages lost, an additional equal amount as liquidated damages, and punitive damages. An action commenced under this paragraph may be commenced within 2 years after the cause of action accrued. In any judgment in favor of a worker, and in any proceeding to enforce such a judgment, the court shall award reasonable attorney’s fees and costs to the prevailing plaintiff.(h)

Clarification

Nothing in this section shall be construed to require an alien described in subsection (b) to appear before an agent of the Department of Homeland Security or any other Federal agency for an interview. (i)

Period described

The period described in this subsection—(1)begins on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID–19; and(2)ends on the date that is 90 days after the date on which such public health emergency terminates.(j)

Submission of biometric and biographic data

(1)

In general

(A)

In general

The Secretary may not grant an alien adjustment of status under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. (B)

Alternative procedure

The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data due to a physical or mental impairment or bona fide religious objection.(2)

Background checks

(A)

In general

The Secretary shall use biometric and biographic data—(i)to conduct security and law enforcement background checks; and(ii)to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for adjustment of status under this section. (B)

Completion required

(i)

In general

The status of an alien may not be adjusted under this section unless security and law enforcement background checks are completed to the satisfaction of the Secretary. (ii)

Timeline

(I)

In general

Except as provided in subclause (II), the security and law enforcement background checks required by this paragraph shall be completed within 60 days.(II)

Extension for good cause

The Secretary may extend the timeline under subclause (I) for good cause and, in the case of such an extension, shall communicate the delay to the applicant.(k)

Adjudication

(1)

In general

The Secretary shall evaluate each application filed pursuant to this section to determine whether the alien meets all applicable requirements.(2)

Adjustment of status if favorable determination

If the Secretary determines that the alien meets the requirements under this section, the Secretary shall—(A)notify the alien of such determination; and(B)adjust the status of the alien to that of an alien lawfully admitted for permanent residence, effective as of the date of such determination.(3)

Adverse determination

If the Secretary determines that the alien does not meet the requirements for status under this section, the Secretary shall notify the alien of such determination.(l)

Aliens ordered removed

(1)

In general

An alien present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States, notwithstanding such order or permission to depart, may apply for adjustment of status under this section. (2)

Opportunity to apply

(A)

In general

An alien who appears to be prima facie eligible for relief under this section shall be given a reasonable opportunity to apply for such relief and shall not be removed until a final decision establishing ineligibility for relief is rendered. (B)

Motion not required

Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. (C)

Effect of approval

If the Secretary approves the application, the Secretary or the Attorney General shall vacate the order of removal and terminate any removal proceedings. (D)

Effect of denial

If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, but only after all available administrative and judicial remedies have been exhausted.(m)

Advance parole

(1)

In general

During the period beginning on the date on which an alien applies for adjustment of status under this section and ending on the date on which the Secretary makes a final decision regarding such application, the alien shall be eligible to apply for advance parole based on any reasonable need to travel. (2)

Applicability

Section 101(g) of the Immigration and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole under this subsection.(n)

Employment authorization

(1)

In general

(A)

In general

An alien whose removal is stayed pursuant to this section or who has a pending an application under this section shall, on application to the Secretary, be granted an employment authorization document. (B)

Timeline for issuance

(i)

In general

Except as provided in clause (ii), an employment authorization document shall be issued within 30 days. (ii)

Extension for good cause

The Secretary may extend the timeline under clause (ii) for good cause and, in the case of such an extension, shall communicate the delay to the applicant. (2)

Receipt of application

(A)

In general

As soon as practicable after receiving an application for status under this section, the Secretary shall provide the applicant with a document acknowledging receipt of such application.(B)

Evidence of employment authorization

A document issued under subparagraph (A) shall—(i)serve as interim evidence of the alien's authorization to accept employment in the United States; and(ii)be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) pending a final decision on the application.(o)

Exemption from numerical limitation

Nothing in this section or in any other law may be construed—(1)to limit the number of aliens who may be granted permanent resident status under this section; or(2)to count against any other numerical limitation under this Act.(p)

Administrative review

(1)

Exclusive administrative review

Administrative review of a determination with respect to an application for status under this section shall be conducted solely in accordance with this subsection.(2)

Administrative appellate review

(A)

Establishment of administrative appellate authority

The Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of determinations with respect to applications for, and revocations of, status under this section.(B)

Single appeal for each administrative decision

(i)

In general

An alien in the United States whose application for status under this section has been denied or whose status under this section has been revoked may file with the Secretary not more than 1 appeal of each such decision. (ii)

Changed circumstance

On a showing of changed circumstances, the Secretary may waive the numerical limitation under clause (i).(iii)

Notice of appeal

(I)

In general

A notice of appeal filed under this paragraph shall be filed not later than 90 days after the date of service of the denial or revocation, unless the delay beyond the 90-day period is reasonably justifiable. (II)

Waiver

On showing that the delay was reasonably justifiable, the Secretary may waive the time limitation described in subclause (I). (III)

Service

Service of a notice of appeal under this clause shall be provided in English, Spanish, and any other language that the alien concerned is known to understand, and shall be made upon counsel of record.(C)

Review by Secretary

Nothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final administrative decision.(D)

Denial of petitions for dependents

A decision to deny, or revoke the approval of, a petition filed by an alien to classify a spouse, son, daughter, or child of the alien as the spouse, son, daughter, or child for purposes of status under this section may be appealed under this paragraph.(E)

Record for review

Administrative appellate review under this paragraph shall be de novo and based solely upon—(i)the administrative record established at the time of the determination on the application; and(ii)any additional newly discovered or previously unavailable evidence.(3)

Stay of removal

An alien seeking administrative review of a denial, or revocation of approval, of an application under this section shall not be removed from the United States before a final decision is rendered establishing ineligibility for lawful permanent residence.(q)

Information privacy

(1)

In general

Except as provided in paragraph (3), no officer or employee of the United States may—(A)disclose (directly or indirectly, including through inclusion in a database), access, or use the information provided by an alien pursuant to an application filed under this section (including information provided during administrative or judicial review) for the purpose of immigration enforcement, including the initiation of removal proceedings; or(B)publish any information provided pursuant to an application under this section. (2)

Referrals prohibited

The Secretary, based solely on information provided in an application for adjustment of status under this section (including information provided during administrative or judicial review) or an application for deferred action pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2020, may not refer an applicant to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity. (3)

Required disclosure

Notwithstanding paragraph (1), the Attorney General or the Secretary shall provide the information provided in an application under this section, and any other information derived from such information, to an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).(4)

Penalty

Whoever knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be fined not more than $50,000.(5)

Safeguards

The Secretary shall require appropriate administrative and physical safeguards to protect against direct and indirect disclosure, access, and uses of information that violate this subsection.(6)

Assessments

Not less frequently than annually, the Secretary shall conduct an assessment that, for the preceding calendar year—(A)analyzes the effectiveness of the safeguards described in paragraph (5); (B)determines the number of authorized disclosures under paragraph (3) made; and(C)determines the number of disclosures prohibited under paragraphs (1) and (2) made.(r)

Eligibility for other statuses

An alien’s eligibility to be lawfully admitted for permanent residence under this section shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.(s)

Effect of failure to comply with removal order

Failure to comply with 1 or more removal orders or voluntary departure agreements for acts committed before the date of the enactment of this section shall not affect the eligibility of an alien to apply for a benefit under this section.

(b)

Judicial review

Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended—(1)in subsection (a)(2)—(A)in subparagraph (B), by inserting the exercise of discretion specified under this title arising under after no court shall have jurisdiction to review;(B)in subparagraph (C), by inserting or subsection (h) after subparagraph (D); and(C)in subparagraph (D)—(i)by striking (other than in this section); and(ii)by striking raised upon a petition for review filed with an appropriate court of appeals in accordance with this section;(2)in subsection (b)—(A)in paragraph (2), in the first sentence, by inserting or, in the case of a decision rendered under subsection (c), in the judicial circuit in which the petitioner resides after proceedings; and(B)in paragraph (9), by striking the first sentence and inserting the following: Except as otherwise provided in this section, judicial review of a determination respecting a removal order shall be available only in judicial review of a final order under this section.;(3)in subsection (f)—(A)in paragraph (1), by striking or restrain the operation of; and(B)in paragraph (2), by inserting after all administrative and judicial review available to the alien is complete before unless; and(4)by adding at the end the following:

(h)

Judicial review of eligibility determinations relating to status under title 5

(1)

Direct review

If an alien’s application under section 245B is denied, or the approval of such application is revoked, after the exhaustion of administrative appellate review under subsection (p) of that section, the alien may seek review of such decision, in accordance with chapter 7 of title 5, United States Code, in the district court of the United States for the district in which the alien resides.(2)

Status during review

During the period in which a review described in paragraph (1) is pending—(A)any unexpired grant of voluntary departure under section 240B shall be tolled; and(B)any order of exclusion, deportation, or removal shall automatically be stayed unless the court, in its discretion, orders otherwise.(3)

Review after removal proceedings

An alien may seek judicial review of a denial or revocation of approval of the alien’s application under section 245B in the appropriate court of appeals of the United States in conjunction with the judicial review of an order of removal, deportation, or exclusion if the validity of the denial or revocation has not been upheld in a prior judicial proceeding under paragraph (1).(4)

Standard for judicial review

(A)

Basis

Judicial review of a denial or revocation of an approval of an application under section 245B shall be based upon the administrative record established at the time of the review. (B)

Authority to remand

The reviewing court may remand a case under this subsection to the Secretary of Homeland Security (referred to in this subsection as the Secretary) for consideration of additional evidence if the court finds that—(i)the additional evidence is material; and(ii)there were reasonable grounds for failure to adduce the additional evidence before the Secretary.(C)

Scope of review

Notwithstanding any other provision of law, judicial review of all questions arising from a denial or revocation of approval of an application under section 245B shall be governed by the standard of review set forth in section 706 of title 5, United States Code.(5)

Remedial powers

(A)

Jurisdiction

Notwithstanding any other provision of law, the district courts of the United States shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary in the operation or implementation of the Citizenship for Essential Workers Act, or the amendments made by that Act, that is arbitrary, capricious, or otherwise contrary to law.(B)

Scope of relief

The district courts of the United States may order any appropriate relief in a clause or claim described in subparagraph (A) without regard to exhaustion, ripeness, or other standing requirements (other than constitutionally mandated requirements), if the court determines that—(i)the resolution of such cause or claim will serve judicial and administrative efficiency; or(ii)a remedy would otherwise not be reasonably available or practicable.(6)

Challenges to the validity of the system

(A)

In general

Except as provided in paragraph (5), any claim that section 245B or any regulation, written policy, written directive, or issued or unwritten policy or practice initiated by or under the authority of the Secretary to implement such section, violates the Constitution of the United States or is otherwise in violation of law is available in an action instituted in a district court of the United States in accordance with the procedures prescribed in this paragraph.(B)

Savings provision

Except as provided in subparagraph (C), nothing in subparagraph (A) may be construed to preclude an applicant under 245B from asserting that an action taken or a decision made by the Secretary with respect to the applicant’s status was contrary to law.(C)

Class actions

Any claim described in subparagraph (A) that is brought as a class action shall be brought in conformity with—(i)the Class Action Fairness Act of 2005 (Public Law 109–2; 119 Stat. 4); and(ii)the Federal Rules of Civil Procedure.(D)

Preclusive effect

The final disposition of any claim brought under subparagraph (A) shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection.(E)

Exhaustion and stay of proceedings

(i)

In general

No claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section 245B(p).(ii)

Stay authorized

Nothing in this paragraph may be construed to prevent the court from staying proceedings under this paragraph to permit the Secretary to evaluate an allegation of an unwritten policy or practice or to take corrective action. In determining whether to issue such a stay, the court shall take into account any harm the stay may cause to the claimant.

(c)

Rulemaking

(1)

Implementation

Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue interim final rules, published in the Federal Register, implementing section 245B of the Immigration and Nationality Act, as added by this Act. (2)

Effective date

Notwithstanding section 553 of title 5, United States Code, the rules issued under this subsection shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. (3)

Final rules

Not later than 180 days after the date of publication under paragraph (2), the Secretary shall finalize the interim rules.(d)

Rule of construction

Section 244(h) of the Immigration and Nationality Act (8 U.S.C. 1254a(h)) may not be construed to limit the authority of the Secretary to adjust the status of an alien under section 245B of the Immigration and Nationality Act, as added by this Act. (e)

Eligibility for services

Section 504(a)(11) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104–134; 110 Stat. 1321–54) shall not be construed to prevent a recipient of funds under title X of the Economic Opportunity Act of 1964 (42 U.S.C. 2996 et seq.) from providing legal assistance directly related to an application for status under section 245B of the Immigration and Nationality Act, as added by this Act, or to an alien granted such status.(f)

Technical and conforming amendment

The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 245A the following:

Sec. 245B. Adjustment of status for essential workers.