1.This Act may be cited as the
Return of Talent
Act
.
2.
(a)Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et
seq.) is amended by inserting after section 317 the following:
317A.Temporary absence of persons participating in the Return of
Talent Program(a)The Secretary of Homeland Security, in consultation with
the Secretary of State, shall establish the Return of Talent Program to permit
eligible aliens to temporarily return to the alien’s country of citizenship to
make a material contribution to that country if the country is engaged in
post-conflict or natural disaster reconstruction activities, for a period not
exceeding 24 months, unless an extension of time is granted under subsection
(d).
(b)An alien is eligible to participate in the Return of Talent
Program established under subsection (a) if the alien meets the requirements
for a special immigrant under section 101(a)(27)(N).
(c)The spouse, parents, siblings, and any minor children of
an alien who participates in the Return of Talent Program established under
subsection (a) may return to such alien’s country of citizenship with the alien
and reenter the United States with the alien.
(d)The Secretary of Homeland Security may extend the 24-month
period referred to in subsection (a) upon a showing that circumstances warrant
that an extension is necessary for post-conflict or natural disaster
reconstruction efforts.
(e)A special immigrant described in section
101(a)(27)(N) who participates in the Return of Talent Program, and the spouse,
parents, siblings, and any minor children who accompany such immigrant to that
immigrant’s country of citizenship, shall be considered, during such period of
participation in the program—
(1)to be physically
present and residing in the United States for purposes of naturalization under
section 316(a); and
(2)to meet the
continuous residency requirements under section 316(b).
(f)Oversight and
enforcementThe Secretary of Homeland Security, in consultation
with the Secretary of State, shall oversee and enforce the requirements of this
section.
.
(b)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 317 the following:
317A. Temporary absence of persons
participating in the Return of Talent
Program.
.
3.Section 101(a)(27)
of the Immigration and Nationality Act
(8 U.S.C.
1101(a)(27)) is amended—
(1)in subparagraph
(L), by inserting a semicolon after Improvement Act of
1998
;
(2)in subparagraph
(M), by striking the period and inserting ; or
; and
(3)by adding at the
end the following:
(N)an immigrant
who—
(i)has been lawfully
admitted to the United States for permanent residence;
(ii)demonstrates an
ability and willingness to make a material contribution to the post-conflict or
natural disaster reconstruction in the alien’s country of citizenship;
and
(iii)has been
determined by the Secretary of State, in consultation with the Secretary of
Homeland Security, to be a citizen of—
(I)a country in which
the Armed Forces of the United States are engaged, or have been engaged during
the 10-year period preceding such determination, in combat or peacekeeping
operations;
(II)a country in
which authorization for United Nations peacekeeping operations was initiated by
the United Nations Security Council during the 10-year period preceding such
determination; or
(III)a country which
received, during the preceding 2 years, financial assistance from the Office of
Foreign Disaster Assistance of the United States Agency for International
Development in response to a disaster in such country that is beyond the
ability of such country’s response capacity and warrants a response by the
United States
Government.
.
4.Not later than 2
years after the date of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of State, shall submit a report to
Congress that describes—
(1)the countries of
citizenship of the participants in the Return of Talent Program established
under section 317A of the Immigration and
Nationality Act, as added by section 2;
(2)the post-conflict
or natural disaster reconstruction efforts that benefitted, or were made
possible, through participation in the program; and
(3)any other
information that the Secretary of Homeland Security determines to be
appropriate.
5.Not later than 6 months after the date of
the enactment of this Act, the Secretary of Homeland Security shall promulgate
regulations to carry out this Act and the amendments made by this Act.
6.Authorization of
appropriationsThere are
authorized to be appropriated to United States Citizenship and Immigration
Services such sums as may be necessary for fiscal year 2011 to carry out this
Act and the amendments made by this Act.
1.This Act may be cited as the
Return of Talent
Act
.
2.
(a)Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et
seq.) is amended by inserting after section 317 the following:
317A.Temporary absence of persons participating in the Return of
Talent Program(a)The Secretary of
Homeland Security, in consultation with the Secretary of State, shall establish
the Return of Talent Program to permit a lawful permanent resident (if such
status has not been terminated, rescinded, abandoned, or challenged in removal
proceedings) to temporarily return to the lawful permanent resident’s country
of citizenship or nationality to make a material contribution to that country
if the country is engaged in post-conflict or natural disaster reconstruction
activities, or to temporarily provide medical services in a country pursuant to
subsection (b)(1)(B), for a period not exceeding 1 year, unless an extension of
time is granted under subsection (d).
(b)(1)A lawful permanent
resident may be considered as being physically present and residing in the
United States for the purposes of naturalization under section 316(a),
notwithstanding a temporary absence from the United States, if—
(A)(i)such temporary absence
was solely for the purpose of engaging in post-conflict or natural disaster
reconstruction and rebuilding activities or to provide medical services in the
lawful permanent resident’s country of citizenship or nationality; and
(ii)the Secretary of
Homeland Security, in consultation with the Secretary of State, determines that
the alien is a citizen or national of a country in which—
(I)the Armed Forces of the
United States are engaged, or have been engaged, in combat or peacekeeping
operations, during the 5-year period preceding such determination;
(II)authorization for United
Nations peacekeeping operations was initiated by the United Nations Security
Council during the 5-year period preceding the determination; or
(III)financial assistance
from the Office of Foreign Disaster Assistance of the United States Agency for
International Development was issued, during the 2-year period preceding such
determination, in response to a disaster in such country that is beyond the
ability of such country’s response capacity and warrants a response by the
United States Government; or
(B)(i)the lawful permanent
resident is a physician or other health care worker; and
(ii)such temporary absence
was solely for the purpose of providing medical services in a country
that—
(I)is described in paragraph
(1)(A)(ii); or
(II)the Secretary of State
has determined to be eligible for assistance from the International Development
Association because its per capita income is equal to or less than the
threshold established by the International Development Association for the
applicable fiscal year; and
(C)(i)prior to such temporary
absence, the lawful permanent resident has established, to the satisfaction of
the Secretary of Homeland Security, that his or her absence from the United
States will be solely for the purpose of performing the activities or services
described in subparagraph (A)(i) or (B)(ii); and
(ii)after the conclusion of
such temporary absence, the person proves, to the satisfaction of the Secretary
of Homeland Security, that his or her absence from the United States has been
solely for such purpose.
(2)The lawful permanent
resident has the burden to prove, to the satisfaction of the Secretary, that
his or her absence from the United States will be and has been solely for the
purpose of performing the activities or services described in subparagraph
(A)(i) or (B)(ii) of paragraph (1).
(3)The Secretary of Homeland
Security, in consultation with the Secretary of State, may prescribe, by
regulation, the form and manner for lawful permanent residents seeking
preservation of residence to demonstrate eligibility under this section.
(4)The Secretary may
authorize up to 1,000 aliens in any fiscal year to obtain preservation of
residence and physical presence under this subsection for purposes of
naturalization under section 316(a).
(c)(1)The spouse and any
minor, dependent unmarried son or daughter who resides in the same household as
the lawful permanent resident who participates in the Return of Talent Program
may return to such alien’s country of citizenship or nationality with the
lawful permanent resident, or accompany such alien providing medical services
pursuant to subsection (b)(1)(B), and reenter the United States with such
lawful permanent resident, if otherwise admissible.
(2)The spouse and minor,
dependent, and unmarried sons and daughters who are members of the household of
a lawful permanent resident who qualifies for preservation of residence under
this section are entitled to the same benefit during the period for which they
are residing outside the United States as dependent members of the household of
such lawful permanent resident.
(d)The Secretary of Homeland Security may extend the 1-year
period referred to in subsection (a) for an additional 6 months upon a showing
that an extension is necessary for post-conflict or natural disaster
reconstruction efforts or for the provision of medical
services.
.
(b)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 317 the following:
317A. Temporary absence of persons
participating in the Return of Talent
Program.
.
3.Not later than 2
years after the date of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of State, shall submit a report to
Congress that describes—
(1)the countries of
citizenship of the participants in the Return of Talent Program established
under section 317A of the Immigration and
Nationality Act, as added by section 2;
(2)the post-conflict or
natural disaster reconstruction efforts that benefitted, or were made possible,
through participation in the program;
(3)the medical services
provided pursuant to section 317A(b)(1) of the Immigration and Nationality Act,
as added by section 2(a); and
(4)any other information
that the Secretary of Homeland Security determines to be appropriate.
4.Authorization of
appropriationsThere are
authorized to be appropriated to United States Citizenship and Immigration
Services such sums as may be necessary for fiscal year 2011 to carry out this
Act and the amendments made by this Act.
Amend the title so as to read:
A bill to establish the Return of Talent Program to allow lawful
permanent residents who return temporarily to their country of citizenship or
nationality for the purpose of making a material contribution to reconstruction
efforts in his or her country to have the time spent in such country count
towards the naturalization physical presence requirement, if the country is
engaged in post-conflict or natural disaster reconstruction
activities.
.
March 26 (legislative day, March 25), 2010
Reported with an amendment and an amendment to the
title